North Pender Island Local Trust Committee community information meeting, January 28, 2021

[0:00:14] Trustee Patrick: Good morning. Just stand by. We're just activating the Zoom meeting.

[0:00:29] Voice 5: And live stream is good to go as well.

[0:00:32] Trustee Patrick: Good morning. Just stand by. We're just activating the meeting.

[0:00:39] Trustee Patrick: It's like everything's up and running. Trustees, are you ready? Excellent.

[0:00:45] Voice 4: Yes.

[0:00:48] Trustee Patrick: Good morning. I'd like to call to order this meeting of the North Pender Island Local Trust Committee.

[0:00:55] Trustee Patrick: Committee. This meeting is being recorded and live streamed. I want to begin by acknowledging

[0:01:02] Trustee Patrick: how fortunate we are to be gathering today all across the traditional territories of the

[0:01:07] Trustee Patrick: Coast Salish people. I'm Laura Patrick, elected on Salt Spring. I'm the chair of this Local Trust

[0:01:12] Trustee Patrick: Committee and I'm joined today by Trustee Ben McConkie. Good morning, Ben. And Trustee Deb

[0:01:18] Trustee Patrick: Morrison. Good morning, Deb. Together we make up your North Pender Island Local Trust Committee.

[0:01:23] Trustee Patrick: This meeting is an official forum for your local trust committee to make decisions about land use planning matters and discuss relevant business.

[0:01:31] Trustee Patrick: I also want to add that this is a place of employment, despite the fact that many of our staff are coming from their own homes, they have the safe, a right to a safe and respectful workplace.

[0:01:41] Trustee Patrick: We're grateful to be able to have this ability to meet electronically today, trustees, staff, the public, we're all honoring the pandemic guidelines.

[0:01:49] Trustee Patrick: guidelines. We appreciate your understanding and assistance as this is an electronic meeting

[0:01:54] Trustee Patrick: sometimes we have technical challenges but we will work to overcome these. Everyone's mics have

[0:01:59] Trustee Patrick: been muted to ensure that there are no disruptions and I will review in a moment how the town hall

[0:02:04] Trustee Patrick: will work and how you can access and talk to us. And I'll remind anyone who is live streaming us

[0:02:10] Trustee Patrick: if you had intended on speaking to us in the in the town hall you need to either be on the zoom

[0:02:16] Trustee Patrick: link or phone in and that information is available on our website, the Island's Rest website. Go to

[0:02:21] Trustee Patrick: the North Tender page, the calendar, and you'll get the information on how to move into that format.

[0:02:27] Trustee Patrick: Staff members who are joining us today, we have Maple Hung, our office administrator,

[0:02:32] Trustee Patrick: and she makes this call work. Thank you very much, Maple. Our minute taker is Shannon Braford.

[0:02:38] Trustee Patrick: Good morning, Shannon. Our regional planning manager, Robert Kojima. Good morning. Kim

[0:02:45] Trustee Patrick: Kim Stockdale, Island Planner.

[0:02:46] Trustee Patrick: Kim, we have Phil Testamal, Planner.

[0:02:50] Trustee Patrick: Good morning.

[0:02:51] Trustee Patrick: And William Schulte, our Freshwater Specialist

[0:02:55] Trustee Patrick: will be joining us later in the agenda.

[0:02:58] Trustee Patrick: So we have an agenda before us.

[0:03:02] Trustee Patrick: Are there any additions, changes

[0:03:04] Trustee Patrick: that need to be made to the agenda?

[0:03:06] Trustee Patrick: Trustee?

[0:03:06] Trustee McConchie: I'm wondering if I can add something to the agenda.

[0:03:08] Trustee McConchie: It's not a big item.

[0:03:10] Trustee McConchie: Just maybe for discussion is communication strategies

[0:03:13] Trustee McConchie: strategies for LTC for our local trust committee.

[0:03:17] Trustee Patrick: Okay. Important topic near and dear to my heart.

[0:03:21] Trustee Patrick: Should we put that under new business or? Sure.

[0:03:25] Trustee Patrick: Is that where it belongs? Okay. So we'll put

[0:03:27] Trustee Patrick: 15.2 communication strategies.

[0:03:31] Trustee McConchie: Okay. Thanks. Other than that, I'm cool with the agenda. Thanks.

[0:03:35] Trustee Patrick: Trustee Morrison, anything? No.

[0:03:37] Trustee Patrick: Okay. So can we approve the agenda as amended through general

[0:03:41] Trustee Patrick: consent excellent thank you so i'm going to turn the first things up our trustee reports who'd like

[0:03:48] Trustee Patrick: to go first go

[0:03:52] Trustee McConchie: ahead go ahead deb or trustee morrison excuse me

[0:03:55] Trustee Morrison (probable): no go ahead i'm trying to

[0:03:56] Trustee McConchie: get

[0:03:57] Trustee Morrison (probable): to my notes i'm having a technical issue

[0:03:58] Trustee McConchie: i'll go ahead yeah well we're starting our meeting at

[0:04:00] Trustee McConchie: 9 a.m so i think everyone's just adjusting to the new time zone here um

[0:04:04] Trustee McConchie: i'll go ahead and just

[0:04:05] Trustee McConchie: briefly give a i could of course talk for many hours about the actions of the local trust committee

[0:04:10] Trustee McConchie: All good things. I did want to note one, just a top priority I have just as a trustee, that's to focus on alternative transportation, preservation of rare lands, and of course work to de-gentrify is a term I'm starting to use, de-gentrify the island.

[0:04:27] Trustee McConchie: and one one also thing I want to report about that I feel is very important and that's why I

[0:04:34] Trustee McConchie: wanted to bring up the agenda is the amount of misinformation that the local trust committee

[0:04:38] Trustee McConchie: is currently having to battle due to social media due to a lot of concerns from folks and

[0:04:45] Trustee McConchie: just let everyone know that the local trust committee is working very hard to communicate

[0:04:51] Trustee McConchie: on all levels during this pandemic,

[0:04:53] Trustee McConchie: during this bylaw review.

[0:04:54] Trustee McConchie: So I just wanted to also thank staff

[0:04:57] Trustee McConchie: for preparing a very busy agenda

[0:04:59] Trustee McConchie: and thank all my fellow trustees for putting their time

[0:05:03] Trustee McConchie: into what are really challenging issues here on the island.

[0:05:05] Trustee McConchie: And I also just want to briefly mention

[0:05:08] Trustee McConchie: what a great job our local schools are doing right now

[0:05:11] Trustee McConchie: in dealing with the pandemic.

[0:05:13] Trustee McConchie: I'm a teacher there.

[0:05:14] Trustee McConchie: I can assure you knock on wood

[0:05:16] Trustee McConchie: that it's one of the safest places that I'm lucky,

[0:05:19] Trustee McConchie: I feel fortunate to work in there are no again knock on wood there are no colds and I'm a lot

[0:05:25] Trustee McConchie: of my the kids are just not sick these days and they wash hands we wear masks and I want to give

[0:05:30] Trustee McConchie: a shout out to all the parents and the kids for doing such a great job of handling what is a

[0:05:35] Trustee McConchie: really stressful and anxious time that's my report thank you

[0:05:38] Voice 17: well thank you Trustee McConkie

[0:05:41] Voice 17: Trustee Morrison yes

[0:05:43] Trustee Morrison (probable): thank you um my notes are still MIA but that's okay I'll just go ahead

[0:05:47] Trustee Morrison (probable): about it um so I think uh I want to echo my concern about people sharing information past

[0:05:55] Trustee Morrison (probable): paying forward information without verifying that it's accurate um because that causes a lot of

[0:06:01] Trustee Morrison (probable): problems and it's a game of telephone that we all knew as children is not awesome um so please don't

[0:06:06] Trustee Morrison (probable): do that and there are two areas where I've seen this in particular and we'll get into them a little

[0:06:11] Trustee Morrison (probable): little bit later. But I do really want to stress again, that there is actually no current proposal

[0:06:18] Trustee Morrison (probable): on deck that we have agreed to for residential housing size, because I'm still getting

[0:06:24] Trustee Morrison (probable): communications that name things that say for or against a 2000 square foot bar. That is just a

[0:06:33] Trustee Morrison (probable): theoretical idea right now. It's not so please tell us what you would like, as opposed to what

[0:06:39] Trustee Morrison (probable): you're against that would that would be a little more helpful is um in in our discussions um but do

[0:06:45] Trustee Morrison (probable): i do thank everyone for correspondence um and acknowledge that i've been particularly terrible

[0:06:50] Trustee Morrison (probable): in the last month in returning correspondence though i am reading it i'm not necessarily

[0:06:55] Trustee Morrison (probable): responding to things and so i'm sorry about that that will hopefully resolve a little bit um as

[0:07:00] Trustee Morrison (probable): many of you know there was a a new president in the united states and that has um absorbed me for

[0:07:07] Trustee Morrison (probable): our work in a number of complicated ways. So I apologize to that about that. I do look forward

[0:07:13] Trustee Morrison (probable): to what we're going to talk about today and getting into some of the decision making processes

[0:07:18] Trustee Morrison (probable): around where we're going to go with the land use bylaw review. I also want to acknowledge that

[0:07:24] Trustee Morrison (probable): there were many people that had sent me notes around concerns related to the agricultural

[0:07:33] Trustee Morrison (probable): cultural land application that we had seen the one down on the browning area um i am trying to

[0:07:41] Trustee Morrison (probable): check in to the different claims people are making about information being shared not shared the

[0:07:46] Trustee Morrison (probable): history of that so that is an ongoing issue and i won't really address that otherwise today so

[0:07:51] Trustee Morrison (probable): thanks for your emails but i really do want to verify things before i start repeating them in

[0:07:56] Trustee Morrison (probable): the community. Thank you. Thank you very much.

[0:08:00] Trustee Patrick: My report, there are two surveys that are underway

[0:08:04] Trustee Patrick: right now from Islands Trust that I want to bring your attention to. The first one is called the

[0:08:08] Trustee Patrick: Policy Direction Report and Survey. This survey closes on February 5th, so it's important that

[0:08:15] Trustee Patrick: you take a look at it. Go to the website. It asks some questions directly about three key directions

[0:08:23] Trustee Patrick: that the policy statement review.

[0:08:26] Trustee Patrick: I'm not going to get into the details of that.

[0:08:27] Trustee Patrick: There's information on the website

[0:08:28] Trustee Patrick: for you to look at on that survey.

[0:08:30] Trustee Patrick: So I encourage you to go there.

[0:08:31] Trustee Patrick: A second survey that closes on February 7th

[0:08:34] Trustee Patrick: is a survey on the budget, the Allen's Trust budget.

[0:08:37] Trustee Patrick: And that too is available on the website.

[0:08:40] Trustee Patrick: So I encourage people to provide your feedback

[0:08:44] Trustee Patrick: on both of those surveys.

[0:08:47] Trustee Patrick: And if you don't have the time for those surveys,

[0:08:49] Trustee Patrick: we always want to hear from you.

[0:08:51] Trustee Patrick: so please send us emails the good way for for this local trust committee which we also pass

[0:08:58] Trustee Patrick: on if it's trust council business is south info at islandstrust.bc.ca

[0:09:07] Trustee Patrick: I know Deb you didn't touch on that but but it was there was an announcement of some funding

[0:09:13] Trustee Patrick: seed funding that was attributed to the south southern gulf island forum that Adam Olson is

[0:09:20] Trustee Patrick: leading the charge on getting and I was glad to see Islands Trust supporting that and Deb

[0:09:25] Trustee Patrick: and Ben were very instrumental in helping move that or that idea forward and I'm looking forward

[0:09:33] Trustee Patrick: to seeing it up and running for them. I wanted to tell you about a couple of Salt Spring actions

[0:09:39] Trustee Patrick: just because they're relevant to you. One is about SWPA. You might wonder why Salt Spring

[0:09:45] Trustee Patrick: Island Watershed Protection Alliance, how could that be relevant to North Pender? Well the work

[0:09:50] Trustee Patrick: that comes out of that committee is about watershed protection and on a gulf island so

[0:09:55] Trustee Patrick: the work is very much but we have the local trust committee has approved doing a strategic plan to

[0:10:04] Trustee Patrick: modernize land and water use planning in watersheds and explicitly it says that they want them to we

[0:10:13] Trustee Patrick: want to create reproducible methodology and process that can be used throughout southern

[0:10:17] Trustee Patrick: southern gulf islands so uh that work is going to have like i said direct relevance and bring

[0:10:21] Trustee Patrick: important information to uh all of the southern gulf islands uh the other is uh we just last

[0:10:27] Trustee Patrick: friday we approved a housing action program and again we explicitly put in there that it's key

[0:10:33] Trustee Patrick: that we have to work together with the other local trust committees as as we all deal with

[0:10:37] Trustee Patrick: workforce housing in particular and having that healthy um healthy island housing in in complete

[0:10:45] Trustee Patrick: complete synergy with our mandate of violence trust so that's some important work it'll be up

[0:10:51] Trustee Patrick: on our website soon that's relevant so just wanted to share those with you okay moving on it is time

[0:10:59] Trustee Patrick: for the town hall so this is your opportunity to speak we want to hear your questions and comments

[0:11:05] Trustee Patrick: at this time and then later in the agenda we'll be discussing various topics and making decisions

[0:11:10] Trustee Patrick: if you're an applicant joining us today we will give you you'll have that opportunity to speak

[0:11:14] Trustee Patrick: to us when we're considering your application you don't need to speak uh right now um and when

[0:11:21] Trustee Patrick: addressing us please please direct your comments to the local trust committee not to the audience

[0:11:26] Trustee Patrick: or staff speak about issues not other individuals be clear concise and respectful we do have a full

[0:11:33] Trustee Patrick: agenda today and i i'm not going to set a time clock but if you are carrying on for a lengthy

[0:11:39] Trustee Patrick: i will ask you to wrap up your um up your statement please be aware there may be others

[0:11:44] Trustee Patrick: who wish to speak so that is um that and oh at the bottom of the screen there is a raise hand

[0:11:52] Trustee Patrick: function i don't see anyone that has called in today uh but if someone is out there and called

[0:11:59] Trustee Patrick: in it's a star nine um is how you can raise your hand so um maple will be working with me and i see

[0:12:07] Trustee Patrick: we already have a hand raised from amanda you're you're very faint if you could speak a little

[0:12:18] Trustee Patrick: little louder somehow i'll

[0:12:19] Voice 13: try um that's better

[0:12:21] Voice 13: i just noted on the minute station on pender island

[0:12:28] Voice 13: that's helping uh say protect 13 acres with the rain coast um was called the islands trust

[0:12:37] Voice 13: conservancy of north pender and it's actually the pender islands with an s conservancy association

[0:12:46] Voice 13: Association. It's in the minutes. It needs to be corrected. And just to let everyone know that

[0:12:52] Voice 13: although they have the storefront at Hope Bay, they actually work for both islands to do

[0:12:59] Voice 13: conservation projects on both islands. And that we have a biologist on staff. And so if there are

[0:13:07] Voice 13: any needs that, you know, like the local Parks and Recreation Committee might want to talk about,

[0:13:14] Voice 13: or about any invasive plants um they're there we're here to answer questions but we work on

[0:13:21] Voice 13: on behalf of both islands thank you thank you very much amanda and we'll take a look in that

[0:13:25] Voice 13: for that

[0:13:27] Trustee Patrick: correction uh pauline your maple will give you access to speak in a moment

[0:13:35] Trustee Patrick: there you go take yourself off of mute

[0:13:38] Voice 17: pauline good

[0:13:40] Voice 14: morning all good morning

[0:13:42] Voice 14: again thank you to everyone for their incredible hard work um and and service to the public we

[0:13:50] Voice 14: appreciate it very much um as you may be aware i'm a co-owner of 1603 schooner way and have been

[0:13:58] Voice 14: a happy recipient of the um temporary user permit for short-term vacation rental for years

[0:14:04] Voice 14: um been abiding by all the rules within the regulations and thank you very much again for

[0:14:09] Voice 14: the renewal. Our objective is to ensure the sustainability of Pender Island with respect to

[0:14:15] Voice 14: its not only its environment but also its economy. I think it's extremely important that both can

[0:14:22] Voice 14: survive hand in hand. This is specifically regarding bylaw 222. While we're in agreement

[0:14:28] Voice 14: that the majority of the bylaw is fine, we do appreciate the individual TUP

[0:14:37] Voice 14: application process as every home on pender island is different and we ask that just two

[0:14:45] Voice 14: sections of the bylaw be deleted from the current proposed bylaw 222 and and instead they be moved

[0:14:55] Voice 14: over to be considered on a tup case-by-case basis with the exception of one subsection of the bylaw

[0:15:02] Voice 14: So, speaking specifically about 6.4.4, we'd like that to be considered on an HTUP case-by-case basis.

[0:15:11] Voice 14: And with respect to bylaw 6.4.15a, limiting the number of bedrooms, we've got a four-bedroom house,

[0:15:23] Voice 14: and we've been able to comfortably accommodate all people involved, as well as ensuring that the water restrictions are maintained.

[0:15:30] Voice 14: uh by our guests not restrictions water consciousness for fresh water is maintained

[0:15:37] Voice 14: by our guests and we'd like to see that deleted um and a case-by-case basis b

[0:15:44] Voice 14: limit number of guests to six again i think that relates to the number of bedrooms within the home

[0:15:49] Voice 14: because remember we're not we're not there when we share our home with vacation multi-generational

[0:15:56] Voice 14: families um and we expect them to use the house in its entirety because it's quite spacious it's

[0:16:03] Voice 14: almost 3 000 square feet um and then so again that you know be deleted and be a case-by-case basis

[0:16:12] Voice 14: and then c specifically we strongly urge that council and the trustees delete that particular

[0:16:19] Voice 14: particular um item in the bylaws 222 carte blanche just please please uh don't limit the number of

[0:16:29] Voice 14: days that we're able to rent during especially the high season uh let alone the rest of the year

[0:16:36] Voice 14: it's we live there too so there we go thank you very much for your time and consideration

[0:16:42] Voice 17: thank you pauline

[0:16:43] Trustee Patrick: is there anyone else that wishes uh to talk to us today you can raise

[0:16:50] Trustee Patrick: raise your hand at the center. I see Michael Sketch.

[0:16:58] Voice 8: Hello, can you hear me?

[0:16:59] Trustee Patrick: Yes, go ahead.

[0:17:01] Voice 8: I have comment on draft bylaw 222 as well, and my interest was taken by section, by paragraph 6.4.18

[0:17:13] Voice 8: right at the end of the draft bylaw, and it reads at present, an application for a short-term

[0:17:19] Voice 8: rental temporary use permit should not be considered if the dwelling unit is

[0:17:26] Voice 8: not occupied on a regular basis by the property owners and the first point is

[0:17:32] Voice 8: that during the Agricultural Land Commission applications of the of the

[0:17:41] Voice 8: previous two months the point was made in a staff report that the word

[0:17:46] Voice 8: considered is awkward, the Local Government Act in this case requires that

[0:17:54] Voice 8: applications be considered. A landowner is entitled to make an application and

[0:17:58] Voice 8: to have it considered. Now if the word considered is replaced by the word

[0:18:03] Voice 8: supported, I think it would fix that problem. The word considered is

[0:18:09] Voice 8: potentially problematic and there's no point in raising the difficulty. And the

[0:18:17] Voice 8: The other is the last part of that paragraph, if the dwelling unit is not occupied on a

[0:18:22] Voice 8: regular basis by the property owners, that looks like a nightmare for by-law enforcement.

[0:18:32] Voice 8: The Canada Revenue Agency does define principal residence, and that would give a handle for

[0:18:43] Voice 8: for the local trust committee to determine a majority

[0:18:48] Voice 8: or a principal use.

[0:18:50] Voice 8: So I would suggest that the paragraph 6.4.18

[0:18:54] Voice 8: be revised to read as follows.

[0:18:58] Voice 8: An application for a short term vacation temporary rental,

[0:19:02] Voice 8: temporary use permit should not be supported

[0:19:06] Voice 8: if the dwelling unit is not the principal residence

[0:19:08] Voice 8: for the property owner,

[0:19:10] Voice 8: where the principal residence is as recognized by the Canada Revenue Agency.

[0:19:15] Voice 8: That, of course, can be checked.

[0:19:18] Voice 8: I have two other small changes there.

[0:19:23] Voice 8: They're both official community plan changes, but they are small.

[0:19:26] Voice 8: The first is directly related to this.

[0:19:30] Voice 8: Under Agricultural Policies 2.2.14, it reads at present as follows.

[0:19:38] Voice 8: the local trust committee supports the preservation and maintenance of the

[0:19:42] Voice 8: island's agricultural land base and applications for exclusion of land from

[0:19:47] Voice 8: the ALR will not be considered and I think the word considered should be

[0:19:53] Voice 8: replaced by supported or another word that that is not considered but means

[0:19:59] Voice 8: the same thing. SAF could consider that. I think that's a very important change and

[0:20:04] Voice 8: And it was raised by the land use planner.

[0:20:07] Voice 8: And I think it should be paid attention to.

[0:20:10] Voice 8: And the last is also in the OCP.

[0:20:13] Voice 8: These are a very small change, but I think they're important under temporary use permits.

[0:20:18] Voice 8: And in the last couple of years, the preamble paragraphs for temporary use permits have been amended in two separate bylaws.

[0:20:29] Voice 8: laws, but the guts of the matter were not amended in the use that TUPs can be put to,

[0:20:41] Voice 8: namely temporary commercial or temporary industrial use.

[0:20:45] Voice 8: And that has been struck from the Local Government Act, the restriction, and should be reflected

[0:20:51] Voice 8: in the land use by-law.

[0:20:54] Voice 8: So Section 6.1 should read, I think, the North Pender Island Local Trust Committee may issue temporary use permits for any area covered by this plan. It gives more flexibility to the TUP instrument. Thank you.

[0:21:15] Trustee Patrick: Thank you, Michael. Is there anyone else that wishes to address us today? Again, you can raise your hand at the center of the lower screen or if you're phoning in, star nine.

[0:21:27] Trustee Patrick: moment not seeing any other hands raised and i want to thank you for your comments today um we

[0:21:39] Trustee Patrick: always want to hear from you so please also email and you can email to south info at islandstrust.bc.ca

[0:21:46] Trustee Patrick: so thank you okay so moving on we do have um some sets of minutes uh before us i need to switch to

[0:21:58] Trustee Patrick: my other document here so we have the minutes from December November 26th I do note Shannon

[0:22:07] Trustee Patrick: I don't know were you able to find we had I think it was Amanda that had said there was a correction

[0:22:14] Trustee Patrick: necessary in reference for trustees did you find that specific reference or do we just want to note

[0:22:27] Trustee Patrick: that that could be followed up on are

[0:22:30] Trustee Morrison (probable): there any other notes that correction okay correct the name

[0:22:32] Trustee Morrison (probable): of the pender island conservancy association yes

[0:22:35] Trustee Patrick: are there any other corrections additions

[0:22:39] Trustee Patrick: so can we approve the minutes uh as uh as amended with the general consent yeah yeah thank you

[0:22:48] Trustee Patrick: and okay and then we have a lot of minutes that are just here for um our

[0:22:56] Trustee Patrick: our receipt from the agricultural planning commission and i want to really note the the

[0:23:03] Trustee Patrick: the work that was done by the commission,

[0:23:05] Trustee Patrick: the time and effort they put into that is really appreciated and shows in the

[0:23:09] Trustee Patrick: minutes and the report and which we'll be discussing later today. And again,

[0:23:13] Trustee Patrick: thank you so much for your dedicated time to, to that work.

[0:23:17] Trustee Patrick: And

[0:23:18] Trustee Morrison (probable): Chair Patrick, if I can just echo that, as I'm sure like Ben too,

[0:23:21] Trustee Morrison (probable): like we just really appreciate and looking through those minutes really shows

[0:23:25] Trustee Morrison (probable): the kind of work and conversations that are happening among people who don't

[0:23:29] Trustee Morrison (probable): necessarily all share the same ideas about agriculture on this island.

[0:23:32] Trustee Morrison (probable): so I really appreciate the idea that everybody is learning and working together on those committees

[0:23:37] Trustee Morrison (probable): so thank you excellent all

[0:23:40] Trustee Patrick: right so moving on we have our follow-up action list on page 26 of the

[0:23:44] Trustee Patrick: agenda are there any questions or anything that staff wish to point out from this list seeing all

[0:23:51] Trustee Patrick: heads nodding no I can give a moment if all right not seeing any I'm going to move on

[0:24:02] Trustee Patrick: just a note that correspondence we do receive a lot of correspondence staff do their best to

[0:24:07] Trustee Patrick: to get it up on the website accordingly.

[0:24:10] Trustee Patrick: Sometimes there is a lag.

[0:24:12] Trustee Patrick: So if you don't see your information there

[0:24:13] Trustee Patrick: and you sent it recently, it might be,

[0:24:15] Trustee Patrick: it just isn't up yet.

[0:24:16] Trustee Patrick: So patience and it will be posted.

[0:24:20] Trustee Patrick: And so the very first item we have is a,

[0:24:24] Trustee Patrick: we're going on to applications and referrals.

[0:24:26] Trustee Patrick: Item 12.1 is a development variance permit.

[0:24:32] Trustee Patrick: And we have a staff report here on page 27.

[0:24:38] Voice 10: Thanks, Trustee Patrick. Sorry, just to correct, it's a combined variance development permit application, and the applicants are Henry and Tina Hsu, and the application is at 4707 Buccaneers Road.

[0:24:58] Voice 10: The application was submitted to the Islands Trust in advance of a building permit application in order to secure necessary approvals prior to initiating their development.

[0:25:10] Voice 10: And just to summarize what the development that's being proposed is, it's for the removal of two, and I'm referencing a figure two, which is in the report, which would be on page 30, I believe, on the agenda.

[0:25:25] Voice 10: So, they'll be removing two of the existing sheds, sorry, they've already removed two of the sheds.

[0:25:33] Voice 10: There's a third shed that will be removed or relocated, and they will be removing the existing mobile home and the attached deck that's on site.

[0:25:44] Voice 10: The existing dock structure, which is the topic of the Development Variance Permit, is to remain in its current location if the variances are granted.

[0:25:52] Voice 10: and then they will be constructing a new dwelling with a small deck and overall the

[0:25:59] Voice 10: building footprint is noted as being slightly smaller than the existing and sorry yeah there's

[0:26:06] Voice 10: the potential for them to instead of relocating the one shed to just build a new smaller shed

[0:26:14] Voice 10: of 14 meters squared in an alternative location which is outside of the development permit area

[0:26:21] Voice 10: So I'm just going to summarize the development permit first and then the development variance

[0:26:24] Voice 10: permit. So the DP is for measures for the protection of the sensitive riparian and aquatic

[0:26:30] Voice 10: ecosystem and for construction management within development permit area 10 which is the riparian

[0:26:36] Voice 10: and aquatic DPA. So as a requirement of this DP and provincial riparian areas protection

[0:26:46] Voice 10: protection regulations, the applicants hired a registered biologist, Dan Baxter, who undertook

[0:26:57] Voice 10: to make a riparian assessment report to the province, to the Ministry of Forest Lands

[0:27:06] Voice 10: and Natural Resource Operations and Rural Development, and they confirmed, as is necessary,

[0:27:11] Voice 10: that the application or the proposed development complied with the RAR sorry

[0:27:18] Voice 10: wrapper methodology and that was given in December attached to the staff

[0:27:23] Voice 10: report is a more comprehensive environmental assessment by Dan Baxter

[0:27:27] Voice 10: and Aaron that actually contains all parts of the wrapper assessment report

[0:27:34] Voice 10: so that report established what's called the streamside protection and

[0:27:40] Voice 10: enhancement area or the spia on the property and that's for measures sorry and this was assigned

[0:27:47] Voice 10: at 15 meters perpendicular from the high water mark of the lake and at 10 meters perpendicular

[0:27:52] Voice 10: from the edge of the stream so there's two aspects of the riparian development permit area here one

[0:28:00] Voice 10: is obviously the stream and the other is magic lake which is a fish bearing lake so all the new

[0:28:07] Voice 10: proposed development is entirely outside of the SPIA and the removal of the sheds from the SPIA

[0:28:14] Voice 10: will have facilitate habitat restoration along the stream and the removal of the existing dwelling

[0:28:20] Voice 10: will require some incursion into the actual development permit assessment area which is

[0:28:25] Voice 10: a 30 meter setback however all activity will be well away from the SPIA and under wrapper access

[0:28:33] Voice 10: access to the lake for recreation is permitted in the form of one small earthen footpath,

[0:28:39] Voice 10: which is proposed to be developed under the supervision of a monitoring QEP or biologist.

[0:28:47] Voice 10: The report concluded that the property owners are committed to pursuing the project with

[0:28:53] Voice 10: as minimal impact as possible and a new development will not adversely affect the riparian system.

[0:28:59] Voice 10: Just to note there is the development permit area does extend over the water and that is a different jurisdiction provincially, which is the Water Sustainability Act.

[0:29:08] Voice 10: There's no new development proposed, although there was some repairs made to the existing dock structure and that was done under notification to the province.

[0:29:19] Voice 10: All of the recommendations of the biologist report have been incorporated into the development permit, which was attached.

[0:29:25] Voice 10: and then all the guidelines in the development permit area have been

[0:29:28] Voice 10: complied with and then to move on to the variance application this is to consider

[0:29:34] Voice 10: the siting and size variances for that existing non-conforming dock structure

[0:29:39] Voice 10: on the subject property and the variances would bring the property into

[0:29:42] Voice 10: conformity with the North Pender Island land use bylaw so as I said above two of

[0:29:48] Voice 10: the sheds have already been removed as they were in disrepair and the options

[0:29:52] Voice 10: options for the dock or either to reconstruct or relocate the structure to conform to the

[0:29:58] Voice 10: land use bylaw.

[0:30:00] Voice 10: And specifically that would be that it needs to be

[0:30:04] Voice 10: within outside of three meters from the projection

[0:30:08] Voice 10: of the side lot lines.

[0:30:10] Voice 10: And there's a length or issue that's also in the W6 zone

[0:30:16] Voice 10: which limits the length of a ramp for a dock structure.

[0:30:21] Voice 10: In both cases concluded by the biologists and staff

[0:30:24] Voice 10: that moving or relocating or reconstructing

[0:30:29] Voice 10: the dock structure would be more harmful to the sense of aquatic ecosystem versus just keeping

[0:30:35] Voice 10: it in place. Just quickly the actual variances as I said above are for to locate the structure

[0:30:43] Voice 10: within one meter of an interior side lot line similar for the projection of that side lot line

[0:30:51] Voice 10: the same one meter and the art and a change to article 8.22 b.6 bracket 4 which states the

[0:31:01] Voice 10: maximum length of any ramp is six meter it would be varied to 19.5 meters which is the length

[0:31:09] Voice 10: so just with the epox just in terms of impacts assessment of the impacts on adjacent neighbors

[0:31:17] Voice 10: was is that it's minimal and that actually moving the the dock uh to conform may actually

[0:31:24] Voice 10: exacerbate or create more impacts than are currently there uh the intent of the regulations

[0:31:30] Voice 10: that are being varied are just to summarize or to limit visual impacts views maintaining privacy

[0:31:37] Voice 10: maintaining consistent development of development pattern and maintaining rural character and

[0:31:46] Voice 10: and certainty with regard respect to development.

[0:31:49] Voice 10: DVP notices were circulated

[0:31:51] Voice 10: to the surrounding property owners and residents

[0:31:53] Voice 10: and the notification period ended on January 20th

[0:31:58] Voice 10: and we received no submissions

[0:32:00] Voice 10: and have not received any submissions

[0:32:02] Voice 10: since the report was published.

[0:32:05] Voice 10: And just moving on to the recommendations.

[0:32:08] Voice 10: So back to the development permit,

[0:32:10] Voice 10: our recommendation is that the LTC approve issuance

[0:32:13] Voice 10: of development permit NP DP 2020.2.

[0:32:18] Voice 10: Rationale being that the objectives

[0:32:20] Voice 10: and specific guidelines of the DP have been met.

[0:32:23] Voice 10: All relevant recommendations

[0:32:24] Voice 10: of the environmental assessment report

[0:32:27] Voice 10: have been incorporated

[0:32:28] Voice 10: and implementing and monitoring conditions

[0:32:31] Voice 10: within the draft DP will ensure the protection

[0:32:33] Voice 10: of the sensitive riparian and aquatic ecosystem.

[0:32:37] Voice 10: Then for the development variance permit,

[0:32:40] Voice 10: similar recommendation to approve DVP

[0:32:43] Voice 10: 2020.4 and the recommendations for that are based on the dock structure is existing and as I said

[0:32:52] Voice 10: relocating would be more impactful to the sensitive ecosystem than legalizing in place

[0:32:57] Voice 10: the impacts are relatively minor notification has been undertaken and we've received no responses

[0:33:05] Voice 10: and that the variances don't do not challenge the intent of the bylaw provisions alternatives

[0:33:10] Voice 10: to those recommendations have been listed

[0:33:13] Voice 10: and that's the end of my report.

[0:33:16] Voice 10: And I believe Tina and Henry are both in attendance

[0:33:21] Voice 10: to answer any questions.

[0:33:23] Voice 10: Thanks.

[0:33:24] Voice 17: Thank you very much, just all.

[0:33:28] Voice 17: Maple, can we

[0:33:30] Trustee Patrick: give

[0:33:32] Voice 17: the applicants the opportunity to speak?

[0:33:35] Voice 5: Yes, I'm just gonna move Tina over the applicant.

[0:33:39] Voice 5: and then there's also um biologist Dan Baxter here just letting you know yep hello

[0:33:49] Trustee Patrick: hello how are you

[0:33:51] Trustee Patrick: uh this is your chance to um either state your concurrence with the report or to bring any

[0:33:58] Trustee Patrick: attention that you wish to your application um

[0:34:02] Voice 16: thanks I don't think I really have anything else

[0:34:05] Voice 16: to add I'm happy to um answer any questions um our intent isn't to you know disturb the lake or the

[0:34:11] Voice 16: the stream in any way we'd like to return those things back to their natural habitat as much as

[0:34:16] Voice 16: we're able to by removing some sheds and getting some local shrubbery in there and we just want to

[0:34:23] Voice 16: build our house eventually in the spot that there's already a house built so all right well

[0:34:29] Trustee Patrick: thank thank you very much and then i'll open the floor to the trustees questions for staff for the

[0:34:34] Trustee Patrick: applicant and trustee morrison i

[0:34:37] Trustee Morrison (probable): have just one question on this application um thanks for the

[0:34:41] Trustee Morrison (probable): the report it's really clear and detailed i appreciate that um but i don't see the existing

[0:34:46] Trustee Morrison (probable): size of the dock listed anywhere is the um if maybe planner um uh testimony can help is it

[0:34:54] Trustee Morrison (probable): within the current bounds i'm assuming since it's not listed it's within the current bounds of the

[0:34:58] Trustee Morrison (probable): um lub for dock size

[0:35:01] Voice 10: yeah so actually just to be clear that dock um is not a float so that

[0:35:07] Voice 10: that end portion is actually a raised structure.

[0:35:12] Voice 10: So, but it is, it does, it is a smaller area

[0:35:16] Voice 10: than would be, than a float would be allowed.

[0:35:21] Voice 10: So there's a, I believe it's, sorry,

[0:35:25] Voice 10: I'm gonna be speaking off the top of my head

[0:35:27] Voice 10: what the actual regulation is for the maximum float size.

[0:35:29] Voice 10: I think

[0:35:30] Voice 10: it's 15 square meters.

[0:35:31] Voice 10: Oh,

[0:35:32] Trustee Morrison (probable): you know, you're right, yeah.

[0:35:33] Voice 10: Yeah, so, but it actually is,

[0:35:37] Voice 10: it's just a it's a raised portion so if you look at the photographs and attachment

[0:35:41] Voice 10: in the attachments the second attachment it does show it as just as just being a raised area but it

[0:35:48] Voice 10: overall it's minimal and the minimal width of of the ramp structure so there's

[0:35:54] Voice 10: sorry i was just going to say that perhaps dan could speak to the impacts but a lot of the

[0:36:01] Voice 10: the impacts that come with floating portions are um from uh from lying on the bottom or the

[0:36:06] Voice 10: potential to lie on the bottom with with the raise the raising and lowering of water levels

[0:36:11] Voice 10: although those aren't necessarily substantial in a lake uh so um i'm going to say that it would be

[0:36:16] Voice 10: less impactful to have it as it is as a raised structure but dan may want to speak to that as

[0:36:21] Voice 10: as a biologist so okay

[0:36:24] Trustee Morrison (probable): and i think the other question that i have about that doc if it's a

[0:36:26] Trustee Morrison (probable): the raised structure is it's situated like in the,

[0:36:30] Trustee Morrison (probable): somehow is there cement?

[0:36:32] Trustee Morrison (probable): Like it's a foundation in the base of it?

[0:36:34] Trustee Morrison (probable): I guess that's the other question.

[0:36:36] Voice 10: Like what

[0:36:37] Trustee Morrison (probable): is it being raised on?

[0:36:38] Voice 10: Tina is

[0:36:39] Voice 10: shaking her head saying no,

[0:36:40] Voice 10: I think they're just planted, planted posts.

[0:36:43] Voice 16: They're very old round posts.

[0:36:46] Voice 16: Okay.

[0:36:47] Voice 10: Just one follow up on that Chair Morrison

[0:36:50] Voice 10: is that there are conditions in the development permit

[0:36:54] Voice 10: it for the ongoing maintenance of that dock structure particularly the the types of materials

[0:37:01] Voice 10: that can be used so for meant

[0:37:03] Trustee Morrison (probable): excluded I would assume yeah

[0:37:06] Voice 10: a bigger pardon

[0:37:06] Trustee Morrison (probable): it's meant excluded

[0:37:08] Trustee Morrison (probable): from the repair I

[0:37:10] Voice 10: don't know if it is I'll check well maybe Dan's answering that and I can actually

[0:37:15] Voice 10: we can also amend the DP to reflect that if it's not yeah

[0:37:19] Trustee Morrison (probable): I think that would be my only concern

[0:37:21] Trustee Morrison (probable): because it has been a concern on the lakes here that we don't put cement into the wood actually

[0:37:26] Trustee Morrison (probable): so that would be the other thing i want to state so no treated wood because treated wood also with

[0:37:33] Trustee Morrison (probable): the chemicals we don't want to get those into that lake so

[0:37:35] Voice 10: there's definitely no no treated wood um

[0:37:38] Voice 10: usage um and there's there's verbiage about floats and things like that but um

[0:37:43] Voice 10: what i'll do is i can

[0:37:44] Voice 10: and I'll double check on and ensure

[0:37:46] Voice 10: that there's no cement involved

[0:37:49] Voice 10: and or there's a prohibition on that for any maintenance.

[0:37:53] Voice 10: Right, thank you.

[0:37:54] Voice 10: Okay.

[0:37:56] Voice 17: Trustee McConkie, any questions?

[0:37:59] Trustee McConchie: Well, my main question is whether,

[0:38:01] Trustee McConchie: what are your opinions on dog parks?

[0:38:03] Trustee McConchie: But I can leave that for another discussion.

[0:38:06] Trustee McConchie: I don't have any specific questions for the applicant.

[0:38:09] Trustee McConchie: I mean, I have a general conversation I'd like to have

[0:38:12] Trustee McConchie: have about uh just this way we're governing right now um and i'm not sure like if we should propose

[0:38:19] Trustee McConchie: a motion or do we should we have a general conversation so i just want to leave it to

[0:38:23] Trustee McConchie: to your discretion chair but i have a couple comments i'd like to make uh

[0:38:26] Trustee Patrick: is it relevant to

[0:38:27] Trustee Patrick: this application to the comments i

[0:38:30] Trustee McConchie: think so i mean like i'm reading this right this package and it's

[0:38:34] Trustee McConchie: like the most detailed thing i've read in a long time on a half acre lot in magic lake right it's

[0:38:40] Trustee McConchie: It's like the, the, I think I'm pronouncing this right.

[0:38:43] Trustee McConchie: Karnas, uh, uh, biologist, like these guys are pros and it's the most detail I can, I've

[0:38:50] Trustee McConchie: ever read on the, the mitochondria of the small little portion of land.

[0:38:54] Trustee McConchie: And then meanwhile, I'm out in my boat and I see a giant, massive clear cut down the

[0:39:00] Trustee McConchie: road.

[0:39:00] Trustee McConchie: Right.

[0:39:01] Trustee McConchie: And, and I'm like, what, what is going on here?

[0:39:04] Trustee McConchie: Where are our priorities?

[0:39:06] Trustee McConchie: Right.

[0:39:06] Trustee McConchie: Right. Like I like I'm just like, of course, these these these applicants totally care about the environment.

[0:39:14] Trustee McConchie: The amount of time spent on this is crazy when when I'm seeing these clear cuts take place on Pender Island.

[0:39:21] Trustee McConchie: So it's just it's just weird if this is a general comment.

[0:39:24] Trustee McConchie: Also, the other comment I had is Magic Lake. It doesn't strike me as a particularly healthy place like it's full of weeds.

[0:39:33] Trustee McConchie: There's no plan to to clean it up.

[0:39:35] Trustee McConchie: i mean those those neighbors need to get together and get rid of the invasive species that are

[0:39:39] Trustee McConchie: overtaking that lake and um need to get it together and and you know they need to contact

[0:39:45] Trustee McConchie: the parks commission or whatever uh to make that happen so so the lake can start to look like a

[0:39:50] Trustee McConchie: healthier um thing because i mean this idea that there's rainbow trout and you go out in your canoe

[0:39:55] Trustee McConchie: catching rainbow trout in this pristine lake is not factual like it's it's a lake that needs help

[0:40:01] Trustee McConchie: right it's a lake that needs to be taken care of better um and so that my general comment is just

[0:40:08] Trustee McConchie: like we're we're sure focusing on this micromanaging of these half acre lots but we're missing the

[0:40:14] Trustee McConchie: bigger picture here so i don't know if that relates to the the the applicant i think this

[0:40:19] Trustee McConchie: application uh like i've said before in these particular circumstances a trustee should be

[0:40:24] Trustee McConchie: replaced by artificial intelligence because the staff has done an amazing job of just going check

[0:40:28] Trustee McConchie: check, check, check, check, check. And the biologist has gone, check, check, check. I mean,

[0:40:31] Trustee McConchie: what can I argue against this? I don't have a PhD in biology, right? It's really, it would be,

[0:40:35] Trustee McConchie: it's impossible for me to come up with a counter argument to this. So, but I just wanted to point

[0:40:40] Trustee McConchie: out just the, the, the general where our efforts should be really focused, you know, is, is

[0:40:48] Trustee McConchie: confusing to me as I read this application, but I

[0:40:50] Manager of Bylaw Compliance and Enforcement (probable): want to thank,

[0:40:51] Trustee McConchie: sorry, I'm almost done. I want to

[0:40:53] Trustee McConchie: I think as usual plan or test them all for doing a great job on and a very

[0:40:57] Trustee McConchie: detailed job on this particular report. So those are my general comments.

[0:41:01] Trustee McConchie: I

[0:41:01] Trustee Patrick: think I can, as chair, I think there's a distinct,

[0:41:04] Trustee Patrick: we are obligated to consider each and every application as they are,

[0:41:08] Trustee Patrick: but we set the tone, the rules, the overall process.

[0:41:13] Trustee Patrick: So if there is a need to make corrections or our, you know,

[0:41:18] Trustee Patrick: our process created this,

[0:41:20] Trustee Patrick: We control that as politicians and can redirect or put more attention on matters that set out the rules that individual applicants have to take part.

[0:41:32] Trustee Patrick: So that would be my general comment. And I see Phil's hand up.

[0:41:36] Voice 10: I was just going to make two comments in response. Maybe it's inappropriate.

[0:41:40] Voice 10: appropriate but um just to on the on the matter of why you're seeing this um and the you we've

[0:41:48] Voice 10: spoken before about the condition of magic lake and i'll just repeat because i think we have said

[0:41:52] Voice 10: this before that these type of applications do add protection and there's what i think needs to

[0:41:59] Voice 10: be considered what's important to be considered is the cumulative impact of doing this over and

[0:42:04] Voice 10: over again so there is utility in that or there's there's a benefit in that notwithstanding the

[0:42:11] Voice 10: clear-cut which you're describing which you can probably expect to see in front of you at some

[0:42:16] Voice 10: point in the near future we're hoping and then on the other part and Robert may want to speak to

[0:42:21] Voice 10: this is that there is in terms of legislation we're trying or there's attempts or movement to

[0:42:29] Voice 10: to have these types of applications delegated to staff

[0:42:33] Voice 10: where you wouldn't necessarily be seeing it.

[0:42:35] Voice 10: So I don't know if Robert wants to speak to that

[0:42:37] Voice 10: because he's going to be more literate than I am.

[0:42:40] Voice 12: I don't know about that, but I don't

[0:42:42] Voice 10: want to take

[0:42:42] Voice 12: up too much time

[0:42:43] Voice 12: and maybe Ben and I can have a conversation offline about this kind of thing.

[0:42:48] Voice 12: But one thing with this particular application

[0:42:50] Voice 12: is the provincial riparian area regulations, right?

[0:42:53] Voice 12: So they're the ones that establish these requirements

[0:42:56] Voice 12: related to water bodies and streams

[0:42:59] Voice 12: that we have that local governments have to implement um and um yeah the delegation authority

[0:43:06] Voice 12: island stress doesn't have the authority that other local governments have to delegate

[0:43:10] Voice 12: the approval of development permits to staff um and it's an it's one of the

[0:43:15] Voice 12: asks of the

[0:43:16] Voice 12: province that has been in front of the province for a couple of years now um and with respect to

[0:43:23] Voice 12: to sort of focusing efforts on larger areas of clear cuts.

[0:43:32] Voice 12: As I could say that the development permit areas

[0:43:35] Voice 12: and the other regulations are,

[0:43:39] Voice 12: were when they were implemented over 10 years ago,

[0:43:42] Voice 12: they were recognized to be a partial step,

[0:43:44] Voice 12: like a first step in enhancing protection of ecosystems.

[0:43:51] Voice 12: ecosystems um the follow-up to that were things like the conservation subdivision layout for a

[0:43:57] Voice 12: project that was never followed through on and then other other potential projects that you

[0:44:03] Voice 12: could look at related to protection of douglas for the coastal douglas for ecosystems and large

[0:44:08] Voice 12: tracks of large tracks of rural land and how to how to better protect those those areas um but

[0:44:15] Voice 12: i'll just leave it at that for now no

[0:44:17] Trustee McConchie: thanks for your comments i appreciate that thank you more

[0:44:21] Trustee Patrick: to discuss it another time so uh thanks um so trustees how would you like to proceed um

[0:44:26] Trustee Patrick: chair

[0:44:27] Trustee Morrison (probable): patrick if i can just add one comment to this too yes um

[0:44:30] Trustee Morrison (probable): so i do want to highlight that

[0:44:33] Trustee Morrison (probable): there is ongoing work right now um for figuring out how we can protect forests really much more

[0:44:42] Trustee Morrison (probable): explicitly because that's a little bit outside of our boundary right now and it's deeply frustrating

[0:44:47] Trustee Morrison (probable): as we saw last meeting and we're seeing all around us right now um and and i think i i think that

[0:44:57] Trustee Morrison (probable): planning and and local government like this happens at many different scale so i i really

[0:45:04] Trustee Morrison (probable): want to echo what phil said of like that there's a cumulative impact of many things like this doing

[0:45:09] Trustee Morrison (probable): it again and again in a really consistent way um and a permit like this i think really shows

[0:45:16] Trustee Morrison (probable): with clarity how you're really attending to try and get rid of structures that shouldn't be there

[0:45:21] Trustee Morrison (probable): to try and use materials that should be used to try and like you know take care of stewarding

[0:45:26] Trustee Morrison (probable): that space um so i i think this is a great permit and i actually encourage this kind of detail

[0:45:31] Trustee Morrison (probable): because it it makes everyone aware of the fact that we're living in a area that the primary

[0:45:38] Trustee Morrison (probable): purpose in this area is actually the protection and preservation of the natural environment um

[0:45:43] Trustee Morrison (probable): and that we are trying to live with it, as opposed to in conflict with it. So I really appreciate

[0:45:48] Trustee Morrison (probable): the work done on this permit, and thank everyone for that. Notwithstanding my deep frustration on

[0:45:54] Trustee Morrison (probable): many other areas around forestry management, or mismanagement. And so we're working on that on

[0:46:01] Trustee Morrison (probable): the broader, you know, areas of advocacy for the trust. And really just seek to have our community

[0:46:09] Trustee Morrison (probable): community really dig in and embrace those principles before we can get them into law

[0:46:15] Trustee Morrison (probable): because it's just taking time to get them into law um so um having said that the other

[0:46:23] Trustee Morrison (probable): projects that we may investigate for this um i i hear that it's quite likely one of the next

[0:46:31] Trustee Morrison (probable): ones up will be the douglas for a toolkit to try and get some of those as many things as we can in

[0:46:35] Trustee Morrison (probable): in play. But we are also limited right now by how many projects we can have at any one time. And

[0:46:41] Trustee Morrison (probable): there's a whole bunch of other things, which are also things we're trying to work through and

[0:46:44] Trustee Morrison (probable): figure out ways that are actually going to be more holistic management strategies. So I hear the

[0:46:49] Trustee Morrison (probable): frustration deeply. And having said that, this application, I feel is solid in what they're

[0:46:57] Trustee Morrison (probable): trying to do, and that they are trying to keep with the spirit of law. So I would go ahead if

[0:47:01] Trustee Morrison (probable): if it's okay, and put a motion on the table

[0:47:03] Trustee Morrison (probable): related to this application.

[0:47:05] Trustee Morrison (probable): Of course, I've lost the page.

[0:47:08] Trustee Morrison (probable): I

[0:47:08] Trustee McConchie: can do that too.

[0:47:10] Trustee McConchie: Go ahead, yeah.

[0:47:11] Trustee McConchie: Yeah, more importantly, the applicants just want to know

[0:47:13] Trustee McConchie: if they're going to get their approval here,

[0:47:15] Trustee McConchie: and we can continue our political discussion

[0:47:17] Trustee McConchie: at perhaps another time.

[0:47:18] Trustee McConchie: I'd like to make a motion that the North Pender Island

[0:47:20] Trustee McConchie: Local Trust Committee approve issuance

[0:47:22] Trustee McConchie: of Development Permit NPDP 2020.2, and...

[0:47:27] Trustee McConchie: I think it's...

[0:47:29] Trustee Patrick: Sorry, I need separate motions, correct?

[0:47:30] Trustee McConchie: Correct.

[0:47:31] Trustee McConchie: that's my motion okay all

[0:47:33] Trustee Patrick: right any discussion on this motion no i'll call the vote then all those

[0:47:38] Trustee Patrick: in favor and that's carried i'd

[0:47:42] Trustee McConchie: like to make a motion that the north pender island local trust

[0:47:44] Trustee McConchie: committee approve issuance of development variance permit npdvp 2020.4 is

[0:47:49] Trustee Patrick: there a second

[0:47:52] Trustee Patrick: deb morrison second um any discussion

[0:47:55] Trustee Morrison (probable): on this motion yeah i'd like to add one thing about this

[0:47:57] Trustee Morrison (probable): one um specifically so so variances in general i'm not a fan of um because often we see variances that

[0:48:08] Trustee Morrison (probable): are not fully in the spirit of the legislation um i don't think that's the case with this one

[0:48:14] Trustee Morrison (probable): i think the variance here is actually within the spirit of the of the legislation because if you

[0:48:21] Trustee Morrison (probable): look at the photos if you visit the site you can see that there's the the riparian area is actually

[0:48:28] Trustee Morrison (probable): pretty fragile in this in this particular area and so the disruption that we're talking about

[0:48:33] Trustee Morrison (probable): for moving the dock over and there are a number of historical docks in this situation where they

[0:48:37] Trustee Morrison (probable): were like right at the edge of property bound i have one right next to me on my own property

[0:48:41] Trustee Morrison (probable): so i completely understand the problem i am nervous not having heard from the applicant

[0:48:48] Trustee Morrison (probable): but also knowing that the reporting or not the applicant the neighbor of the applicant um but

[0:48:53] Trustee Morrison (probable): have noting that there is actually like has been communications with them i feel okay to go ahead

[0:48:59] Trustee Morrison (probable): um and and approve this um generally speaking variances with property line issues i'd like to

[0:49:07] Trustee Morrison (probable): have like direct contact with the neighbor so i'm a little bit nervous about the variance um but

[0:49:12] Trustee Morrison (probable): having had the same yeah go ahead

[0:49:14] Voice 16: oh i just wanted to say the dock is on the side um where

[0:49:19] Voice 16: the stream is and our neighbor is a church so that's probably right

[0:49:24] Voice 16: that's

[0:49:25] Trustee Morrison (probable): right okay that's

[0:49:27] Trustee Morrison (probable): great that helps thank you um

[0:49:30] Trustee Patrick: i meant to deb you had brought up um our trustee morrison excuse me

[0:49:34] Trustee Patrick: had brought up the issue about concrete and we did not modify the permit um but we've approved

[0:49:40] Trustee Patrick: it did we approve was it the first permit that would have had the reference uh to the materials

[0:49:49] Trustee Patrick: it's

[0:49:49] Voice 10: actually yeah the dp sorry um and i can verify that i did look at the draft um dp and

[0:49:56] Voice 10: it doesn't mention concrete so that would require you direct

[0:50:01] Trustee Morrison (probable): staff to amendment

[0:50:02] Voice 10: yeah to amend it

[0:50:03] Voice 10: okay

[0:50:03] Trustee Morrison (probable): so let's go ahead and finish this motion and then um phil if you can write the text you need

[0:50:08] Trustee Morrison (probable): for an amendment motion for the concrete because

[0:50:11] Trustee Patrick: we'll probably have to rescind

[0:50:13] Trustee Patrick: the motion we just made to amend but so let's finish this development variance

[0:50:19] Trustee Patrick: permission

[0:50:20] Voice 4: yeah

[0:50:21] Trustee Patrick: okay any further discussion

[0:50:22] Trustee McConchie: of comments on this okay

[0:50:24] Trustee Patrick: I'll call about then all those in favor carried so I'm gonna look to staff

[0:50:33] Trustee Patrick: should we rescind the the motion that we just approved the development permit

[0:50:40] Trustee Patrick: it if we need to amend it yeah

[0:50:43] Voice 12: technically you should so

[0:50:44] Trustee Patrick: i'm looking to trustees do you wish to

[0:50:46] Trustee Patrick: do that yes do we need a motion or

[0:50:49] Trustee Morrison (probable): can we just say can we rescind the motion we need a motion

[0:50:51] Trustee Morrison (probable): to rescind yeah oh my gosh sorry for the technical challenge uh

[0:50:54] Trustee Patrick: yes that's all right

[0:50:56] Trustee Patrick: it's my my fault

[0:50:57] Trustee Patrick: of chair i should have been on that i had i even had notes okay

[0:51:03] Trustee Morrison (probable): i don't know what the motion needs

[0:51:04] Trustee Morrison (probable): to sound to i make a motion that the north pender island local trust committee rescind

[0:51:07] Trustee Morrison (probable): motion please fill in the blank um i think

[0:51:12] Trustee Patrick: it's to rescind the motion to approve the

[0:51:15] Trustee Patrick: issuance of development permit in the npdp 2020.2 okay and

[0:51:22] Voice 10: you need oh sorry go ahead

[0:51:25] Voice 10: second is

[0:51:26] Trustee Patrick: there a second yes uh planner testimony did you have sorry

[0:51:33] Voice 10: i was just i was jumping ahead

[0:51:34] Voice 10: sorry all

[0:51:35] Trustee Patrick: right sorry i'm sitting here running through my parliamentary procedure things but

[0:51:40] Trustee Patrick: i

[0:51:40] Voice 4: think we just

[0:51:41] Trustee Patrick: vote on a rescind um go ahead and vote just to cover our butt yeah all those in

[0:51:47] Trustee Patrick: favor uh carried okay so now we need

[0:51:51] Trustee Patrick: to move to amend that permit first so the

[0:51:55] Voice 10: motion that you

[0:51:56] Voice 10: would need would be uh that the north uh pender island local trust committee um amend a development

[0:52:02] Voice 10: permit the NPDP 2020.2 shoe by adding the condition for the prohibition

[0:52:13] Voice 10: against the use of concrete on dock structures for them sorry for the

[0:52:19] Voice 10: maintenance and repair of dock structures and then the second motion

[0:52:23] Voice 10: motion would be to hold

[0:52:25] Trustee Morrison (probable): on one second um Shannon did you catch her at that okay let's do one at a

[0:52:33] Trustee Morrison (probable): time if that's okay okay um Chair Patrick are we good okay

[0:52:41] Trustee Morrison (probable): do we have to restate that motion or can

[0:52:43] Trustee Morrison (probable): we just go yeah I

[0:52:44] Trustee Patrick: was gonna say do that Shannon how about we have Shannon read it back of what

[0:52:48] Trustee Patrick: the North

[0:52:48] Voice 7: Tender Island local trust committee direct staff to amend NPDP 2020.2 by adding the

[0:52:53] Voice 7: condition for prohibition against the use of concrete for the construction and maintenance

[0:52:57] Voice 7: of dock structures

[0:52:57] Trustee Patrick: so the maintenance and repair or construction and maintenance

[0:53:01] Trustee Patrick: i'm going to

[0:53:03] Trustee Morrison (probable): leave it at construction and maintenance i'd like to have that

[0:53:06] Trustee Morrison (probable): because then if the dock has to be removed and replaced it also covers it so um so i so move

[0:53:13] Trustee Morrison (probable): is

[0:53:14] Trustee Patrick: there a second yep is there any discussion on this just

[0:53:17] Trustee McConchie: briefly so this is this is

[0:53:19] Trustee McConchie: so i'm understanding like you can't build a dock out of concrete is what you're just saying okay

[0:53:25] Trustee McConchie: that's right and

[0:53:26] Trustee McConchie: that wasn't your intent the applicant's intent no okay great but it's just

[0:53:30] Trustee McConchie: covering you're just ensuring in case all of a sudden they change their mind and get evil and

[0:53:34] Trustee McConchie: decide to make uh evil concrete

[0:53:35] Trustee Morrison (probable): to an evil person okay

[0:53:37] Trustee McConchie: gotcha okay excellent thank you for clarifying

[0:53:39] Trustee Patrick: correct it goes with the property um uh any further discussion i'll call the vote all those

[0:53:46] Trustee Patrick: those in favor and that is carried is there a second amendment uh

[0:53:52] Voice 10: not a second amendment you

[0:53:53] Voice 10: just need a follow-up um resolution which would be that the north pender island local trust committee

[0:53:59] Voice 10: uh approve issuance of development permit npdp 2020.2 shoe as amended as amended yes

[0:54:06] Trustee Patrick: yep so trustee morrison is making that motion second

[0:54:12] Trustee McConchie: the motion thank

[0:54:13] Trustee Patrick: you is there any discussion

[0:54:17] Trustee Patrick: And that is carried and we'll say we are done

[0:54:21] Trustee Patrick: with this application, thank you for your patience, and thank you for the application.

[0:54:28] Trustee Patrick: Okay, any further business on that one.

[0:54:32] Trustee Patrick: The second next applications 12.2 it's a temporary use permit 2020.7 pepper and there's a staff report on page 77 of the agenda package.

[0:54:43] Voice 10: Thank you, Chair.

[0:54:44] Voice 10: Chair, oh my gosh, I just forgot your name, Patrick.

[0:54:49] Trustee Patrick: That's okay,

[0:54:50] Voice 10: I think it works.

[0:54:52] Voice 10: So the purpose of this report is a temporary use permit for short-term vacation rental within a

[0:54:59] Voice 10: dwelling unit. This TP is, was, sorry, a TUP was issued for the same use on the property initially

[0:55:09] Voice 10: in 2018 and then it was renewed for one year in 2019 so in essence it's a continuing or an

[0:55:17] Voice 10: application for a continuing use but due to legislation you can only renew a TUP once

[0:55:22] Voice 10: so there's a requirement for a new TUP to be applied for and notification to go to the neighbors

[0:55:29] Voice 10: so the proposed TUP has a maximum guest capacity of six with the caveat that there isn't a

[0:55:38] Voice 10: an amendment that's proposed which is a temporary amendment which limits it to five

[0:55:44] Voice 10: and that's for the duration of the provincial emergency on COVID-19 and that's to conform to

[0:55:54] Voice 10: those regulations and they are proposing to limit the rental in the summer months

[0:56:00] Voice 10: to 60 days. So the property is located at the end of Schooner Way and if you're referencing

[0:56:07] Voice 10: this figure two in their staff report this is in close proximity it's one door over from another

[0:56:16] Voice 10: TUP on the end of Schooner Way and that cul-de-sac and there's also a third TUP which

[0:56:25] Voice 10: actually is on the end of sorry I forget the name of the

[0:56:29] Voice 10: road which is also in close proximity but

[0:56:32] Voice 10: on a different different road. So

[0:56:35] Voice 10: the property is owned by the applicant who does not live there

[0:56:41] Voice 10: full-time although I believe her daughter is living there full-time Jen who is actually

[0:56:45] Voice 10: attending this meeting with Leslie Hepburn. Sorry and there's no new construction or land

[0:56:54] Voice 10: alteration associated with the with the application. So the proposed TUP has been drafted using both

[0:57:01] Voice 10: the existing OCP guidelines and also with consideration to bylaw 220 and it is currently

[0:57:11] Voice 10: drafted for a term of three years which could be renewed for an additional three years. So just

[0:57:19] Voice 10: to speak to a couple of issues this first being the moratorium on that the trustees passed in

[0:57:27] Voice 10: November of 2019, which places a moratorium on any new STVR applications while they complete

[0:57:34] Voice 10: their STVR review project.

[0:57:36] Voice 10: And this was given consideration in the November 26 LTC meeting, this particular application,

[0:57:43] Voice 10: and it was deemed that that was not the intent of the moratorium to limit these sort of applications

[0:57:50] Voice 10: where it is actually a continuing use or a proposed continuing use.

[0:57:53] Voice 10: use. In terms of compliance, the applicants, because they've had previous TUPs, were requested

[0:58:02] Voice 10: to verify that they've complied with all of the conditions of the previous TUPs, which

[0:58:07] Voice 10: they've done. There are some specifics to that TUP application. I note one of them being

[0:58:14] Voice 10: that the development permit area one, which is for woodland ecosystems, is on the property

[0:58:20] Voice 10: or there's substantial portions of the property

[0:58:22] Voice 10: and as required by their previous DVP,

[0:58:25] Voice 10: or sorry, TUPs, they do provide information

[0:58:28] Voice 10: to guests on that sensitive ecosystem

[0:58:33] Voice 10: and considerations on how to ensure that that's protected.

[0:58:40] Voice 10: So the, just to speak to the conditions

[0:58:45] Voice 10: that have been placed in the TUP,

[0:58:48] Voice 10: The applicants were requested to give consideration to By-law 222 and the proposed changes as they are now.

[0:58:58] Voice 10: And they did provide a response to that, indicating that they had looked at all of those and given a proposal with respect to those.

[0:59:05] Voice 10: And I'm just going to address four of them quickly.

[0:59:07] Voice 10: One is the cumulative impact and the limit on the number of STVRs within 200 meter limit, which is one of the new proposals.

[0:59:19] Voice 10: And in the staff report, I just referenced some of the potential cumulative impacts, the scope of those, and that particularly this application doesn't meet that.

[0:59:32] Voice 10: But the fact that it's been a previously permitted operation and then again back to the intent of the new regulations wouldn't necessarily be to limit ongoing ones.

[0:59:48] Voice 10: So and furthermore, some of the issues that are potential impacts with cumulative impacts are being addressed by the size of this operation.

[1:00:00] Voice 10: and the number of days that they're proposing to operate to that note they have a maximum number

[1:00:08] Voice 10: of guests which is consistent with their previous tups and that's limited to six and that does

[1:00:14] Voice 10: meet the new guideline and they are proposing a limit on the days in the summer months the

[1:00:21] Voice 10: application or the applicant has agreed to and is proposing that they would limit that to 60 days

[1:00:29] Voice 10: with a rationale that this is a reasonable restriction. It understands or acknowledges

[1:00:34] Voice 10: the restriction of 30 days but it deems 60 days may be more appropriate to keep the business

[1:00:42] Voice 10: sustainable during that time of high demand. Lastly, the regular occupancy by the property

[1:00:55] Voice 10: owners and the dwelling is confirmed to be used on a regular basis by the property owners. So

[1:01:02] Voice 10: consultation, the TUP notices were circulated to surrounding property owners

[1:01:06] Voice 10: within 100 meters and it was published in the Driftwood newspaper on January 13th

[1:01:11] Voice 10: and we did receive one written submission which was attached at the last minute to this report

[1:01:17] Voice 10: and it does cite issues with regards to traffic and safety on that limited cul-de-sac

[1:01:25] Voice 10: and having the impact of two STVRs and a concern over water usage. It does not cite any specific

[1:01:33] Voice 10: issues over the past two years with this STVR when it's been in operation and I'll note too

[1:01:39] Voice 10: that there has been no bylaw complaints with regards to this operation over the last two years.

[1:01:45] Voice 10: Another submission was received yesterday and that was forwarded to the LTC that cited similar

[1:01:50] Voice 10: similar concerns over the specific use in addition to some reference to the current

[1:01:57] Voice 10: pandemic and allowing STVRs.

[1:02:01] Voice 10: If this is approved in terms of agency referral, as with the guidelines, this would be sent

[1:02:09] Voice 10: to the CRD Integrated Water for information.

[1:02:13] Voice 10: and the recommendation on the first page is that first for the amendment to limit the maximum

[1:02:23] Voice 10: number of guests to five which I referenced previously and then secondly to approve

[1:02:30] Voice 10: the temporary use permit for a period of three years as amended and the rationale being that

[1:02:38] Voice 10: time period is reasonable and that the conditions largely conform to the current and proposed

[1:02:44] Voice 10: changes to the guidelines. There have been no complaints since the operation has been

[1:02:49] Voice 10: licensed since 2018 and the guest capacity is reasonable and the application has considered

[1:02:57] Voice 10: and responded to the current TUP guidelines and the proposed amendments and again there's

[1:03:04] Voice 10: been response with some general concerns about the stvr and cumulative impacts and the permit

[1:03:11] Voice 10: provides conditions to ensure that it does not have an unreasonable impact on the local area

[1:03:18] Voice 10: and that's my report thank

[1:03:20] Voice 17: you plan our testimony we have the applicant here maple if we can

[1:03:27] Voice 17: allow them to speak yep

[1:03:29] Voice 5: i've just moved uh jen hepburn over to the panel side hello jen

[1:03:34] Trustee Patrick: you can turn your video and um thank you hello is there anything you wish to add

[1:03:42] Trustee Patrick: for me is there anything you'd like to add or have any comments about the report

[1:03:47] Voice 11: uh i would just like to first off um thank the trustees for allowing the application to be put

[1:03:52] Voice 11: forth um and i'd like to thank the staff as well um it's been very i've had a lot of uh conversations

[1:03:58] Voice 11: back and forth especially with planner testimonial and i'd like to just as well as maple and i'd just

[1:04:03] Voice 11: like to give thanks to them. As mentioned, we have tried to ensure that the application

[1:04:12] Voice 11: as it stands forth is on side with the proposed bylaw 222. I do understand the concern

[1:04:20] Voice 11: of the cumulative effect. There is, again, an STVR that is one door down. It's quite significantly

[1:04:30] Voice 11: distanced between the house and between the two of us there's fencing within that house and

[1:04:35] Voice 11: it's actually around the corner of of the point so there's never been any type of noise complaints

[1:04:43] Voice 11: as as mentioned or any type of bylaw complaints in the area so I would say that given that and

[1:04:52] Voice 11: given that they've been operating for the past two years without having any adverse effects

[1:04:58] Voice 11: that i've heard of from many of the neighbors um i feel like we've been mitigating the situation

[1:05:03] Voice 11: as well we have a significantly large house um but we have been mindful of keeping it to six

[1:05:09] Voice 11: people i know that the other stbr has four bedrooms like we do and approximately three

[1:05:14] Voice 11: thousand square feet like we do um but given who we're looking to rent to and what we're looking

[1:05:21] Voice 11: to um accomplish with the property we are very happy to keep it at six people um and then the

[1:05:27] Voice 11: final request would be around the 60 days over the summer months, May to September. I believe

[1:05:35] Voice 11: that's a reasonable request. It is definitely a high season, but we do enjoy coming over here

[1:05:40] Voice 11: as much as possible. As Planner Testamon has mentioned, I've been living here throughout

[1:05:46] Voice 11: COVID and I've really enjoyed making my time here on Pender. But it's definitely, I'm appreciative

[1:05:53] Voice 11: of what you the trustee is trying to do with bylaw 222 and I believe that the application that we're

[1:05:59] Voice 11: putting forth more or less within all the kind of confines there so open to any questions from

[1:06:05] Voice 11: from any of you all

[1:06:08] Trustee Patrick: right thank you trustees I know this is a bit of a complex because we have

[1:06:11] Trustee Patrick: later in the agenda we'll be discussing the short-term vacation rental so we'll have to

[1:06:15] Trustee Patrick: structure our debate accordingly so I see trustee Morrison yeah

[1:06:20] Trustee Morrison (probable): I have a few specific questions I'm

[1:06:21] Trustee Morrison (probable): I'm going to try to keep my questions specific to this application, even though I'm really

[1:06:26] Trustee Morrison (probable): confused about how we're managing renewals for this particular area, given the density

[1:06:32] Trustee Morrison (probable): in this area and how we, is it like first come first serve renewal or like, so I'm,

[1:06:38] Trustee Morrison (probable): I think I'm struggling with that issue and I'd like to talk about it more before we approve

[1:06:42] Trustee Morrison (probable): this permit.

[1:06:43] Trustee Morrison (probable): But I'm going to ask a couple of really specific things to this permit.

[1:06:46] Trustee Morrison (probable): I noticed in the information to occupants that there's no conversation about outdoor fire in the summer.

[1:06:54] Trustee Morrison (probable): And so I really need that added to the notes that go forward for occupants, some kind of very clear statement and information about the risk of fire in the islands in the summer.

[1:07:10] Trustee Morrison (probable): And so that would be helpful.

[1:07:12] Trustee Morrison (probable): I'm sure that if you reach out to the fire department, they're happy to provide anything for you around that because it's a real concern here.

[1:07:20] Trustee Morrison (probable): So that would be one thing in terms of the island contact.

[1:07:27] Trustee Morrison (probable): And maybe I'm just missing it, but I just want to understand.

[1:07:31] Trustee Morrison (probable): I know that it sounded like I think it's you maybe are like they're a fair amount now.

[1:07:37] Trustee Morrison (probable): but when the house is full with occupants who is the contact? Who is the island contact and

[1:07:42] Trustee Morrison (probable): how is that being managed?

[1:07:43] Voice 11: When the house is full of occupants we have two island contacts.

[1:07:48] Voice 11: We have our caretaker who is an island contact for immediate issues with the house and then we have

[1:07:55] Voice 11: a property manager who we've used in the past and she's a realtor on the island.

[1:08:00] Voice 11: She's our secondary contact so we have two immediate contacts on the island and then

[1:08:04] Voice 11: off-island myself and my mother and

[1:08:07] Trustee Morrison (probable): are the neighbors aware of who that is

[1:08:10] Voice 11: is the regional

[1:08:11] Voice 11: like yes so we have um we have open communication with both neighbors on both sides um and they're

[1:08:19] Voice 11: aware they have a house binder of the details that we have provided to areas so they know that

[1:08:25] Voice 11: we have the permit they know how many people we are allowing they they are told um obviously to

[1:08:31] Voice 11: to speak to us if there's any issues and they do call if there's anything and we haven't had any

[1:08:34] Voice 11: issues but we have a very open communication with them and they know who to reach out to if there's

[1:08:39] Voice 11: any issues.

[1:08:40] Trustee Morrison (probable): Okay that's super helpful and then so my understanding we do as I think Michael Sketch

[1:08:46] Trustee Morrison (probable): pointed out in the town hall we do have a challenge in the current language of the proposed bylaw

[1:08:51] Trustee Morrison (probable): around what constitutes regular occupant just it's a little bit of a sketchy thing for being

[1:08:57] Trustee Morrison (probable): able to enforce from a bylaw point of view. And so can you describe how you are regular occupants

[1:09:04] Trustee Morrison (probable): of the island?

[1:09:06] Voice 11: At present I am a regular occupant but that is circumstantial due to due to COVID.

[1:09:14] Voice 11: So I yeah I've been living here since March. When we look at this STVR application it is from a

[1:09:22] Voice 11: perspective of lending out the house or renting the house for short periods of time, specifically

[1:09:30] Voice 11: during the high months, but also sometimes during the low months as well. Offhand, I'd say that

[1:09:39] Voice 11: we're generally on the island at least once a month, either myself or my mother and or other

[1:09:47] Voice 11: people in the family so I guess we would have to to speak to what does a regular what does that

[1:09:54] Voice 11: entail what is that description so I'd say that we do consistently find ourselves on pender and

[1:09:59] Voice 11: and more and more as as uh as we all get older we want to spend more time here so um I'd say

[1:10:06] Voice 11: there's at least uh our presence every month but um to what extent uh if I need to say we're here

[1:10:13] Voice 11: 180 days of the year I can't really speak to that no

[1:10:16] Trustee Morrison (probable): we don't have a definition for that at the

[1:10:18] Trustee Morrison (probable): moment so I'm

[1:10:19] Trustee Morrison (probable): just trying to kind of work that through for us as a committee because it's a

[1:10:22] Trustee Morrison (probable): really challenging place yeah

[1:10:23] Voice 11: and when I read through the bylaw 222 I did see that that was

[1:10:27] Voice 11: something to be flagged that um because it's quite gray and I wonder how how to manage that so

[1:10:33] Voice 11: yeah

[1:10:33] Trustee Morrison (probable): no thank you for that um I'll pause for now other comments or questions from other

[1:10:40] Trustee McConchie: Chair Patrick, I just wonder if we should table the vote until after we have the discussion about the STVR bylaw, because we're making a decision, and then we're going to have a discussion about our policy and the bylaw, and we might remove stuff from the bylaw.

[1:10:55] Trustee McConchie: Like, you know, the order of this doesn't make much sense.

[1:10:59] Trustee Patrick: I guess I'm going to look to staff, because even if we have the discussion, we're still discussing a draft bylaw that's not regulation.

[1:11:06] Trustee Patrick: so there's process time so i guess i'm looking to stop for any guidance on this um

[1:11:13] Voice 12: i think what

[1:11:13] Voice 12: trustee mcconkey was referring to is just moving like deferring this consideration to later in the

[1:11:17] Voice 12: agenda if i understand correctly correct yeah the ltc could do that i guess i suppose

[1:11:25] Trustee Patrick: trustees is

[1:11:27] Trustee Patrick: that what you yeah

[1:11:27] Trustee Morrison (probable): i would support that just because i don't want to necessarily get into a

[1:11:31] Trustee Morrison (probable): detailed like just 10 000 foot level conversation for the in the middle of this application and like

[1:11:37] Trustee Morrison (probable): Like, because it's not about this applicant, the application is really solid, it feels really clear. And I think they've been thoughtful about it. And I don't want them to have to bear our conversations at like 10,000 foot level. So I support that. And that would help me even if it's not bylaw yet, it would help me understand some of the guidance related questions that I think are more universal across these applications.

[1:12:00] Trustee Morrison (probable): Yeah,

[1:12:01] Trustee McConchie: Trustee Morrison, I did not understand until I heard you speak that, you know, about you express the same confusions, I guess, is the word that I feel. And I don't think it'd be fair to the applicant to us make a decision before we've had a discussion on bylaw 222.

[1:12:17] Trustee Patrick: I agree.

[1:12:18] Trustee Patrick: I need a specific, to table it, we have to table it to a specific time in the agenda so that we put it to after 13.2. Is that what I'm hearing? So I need a motion as to that, to table it to that.

[1:12:30] Trustee Patrick: I'd

[1:12:30] Trustee McConchie: like to make a motion to move this agenda item to after 3.2.

[1:12:36] Trustee Patrick: To table the motion.

[1:12:38] Trustee McConchie: Table the motion.

[1:12:38] Trustee McConchie: Excuse me.

[1:12:39] Trustee McConchie: Thank you.

[1:12:40] Trustee McConchie: All right.

[1:12:41] Trustee Patrick: Is there a second?

[1:12:44] Trustee Patrick: And I believe Shannon got that motion.

[1:12:48] Trustee McConchie: I want to apologize to Jen for your time.

[1:12:50] Trustee McConchie: You probably have stuff to do and stuff, Jen.

[1:12:52] Trustee McConchie: So I apologize for that.

[1:12:55] Voice 11: No problem.

[1:12:56] Voice 11: I'm here for the meeting.

[1:12:57] Voice 11: So we'll see what happens.

[1:12:59] Voice 11: and thank you for your answers so far it's really helpful thank

[1:13:03] Trustee Morrison (probable): you so

[1:13:04] Trustee McConchie: no motion we we need to make

[1:13:06] Trustee McConchie: i

[1:13:07] Trustee Patrick: need to vote on the motion yes

[1:13:08] Trustee McConchie: vote on the motion yes all

[1:13:09] Trustee Patrick: right i call the vote on the

[1:13:10] Trustee Patrick: motion all those in favor all right uh carried so thank you jen for your patience we'll take

[1:13:16] Trustee Patrick: you up again at just following 13.2 on the agenda okay the next item is um 13 12.3 it's a rezoning

[1:13:25] Trustee Patrick: Mayor Mrakas, Thank you

[1:13:31] Voice 10: chair Patrick and I got it that time so um so this is North pender rezoning 2016.1 so it just stretches back obviously to 2016 so this is a rezoning for the what are known as the main road highway maintenance properties on port Washington road and the address is 3323 and the address is 3323 and the address is 3323 and the address is 3323 and the address is 3323 and the address is 3323.

[1:13:56] Voice 10: involves two properties and the purpose of this report is to present a proposed section 219

[1:14:04] Voice 10: covenant and to advance bylaw 202 which is associated with the application for consideration

[1:14:10] Voice 10: of third reading and referral to the executive committee of the islands trust so the objective

[1:14:16] Voice 10: The objective of bylaw 202 is to rezone the portions of lot eight and lot nine from rural to industrial to a, which is a site specific zone, which has been drafted to specifically address the uses that are ongoing on this property and to correspond

[1:14:41] Voice 10: to the official community plan designation for industrial,

[1:14:45] Voice 10: which is blanket over both of these properties.

[1:14:50] Voice 10: Further, it would, sorry,

[1:14:53] Voice 10: the proposal would legalize the uses on the property

[1:14:56] Voice 10: and is compatible with other uses in the area

[1:14:58] Voice 10: and is supported by the policies of the OCP.

[1:15:00] Voice 10: And the two subject properties,

[1:15:04] Voice 10: the use on those properties has been continuing

[1:15:07] Voice 10: since the 1950s with the current owner's main road

[1:15:11] Voice 10: taking over ownership in 2006 so previously to that ownership the the properties because they

[1:15:18] Voice 10: were owned provincially and it was a ministry of highways who operated the maintenance yard those

[1:15:23] Voice 10: would have been immune to zoning so this rezoning and two previous TUPs is simply to legalize it

[1:15:31] Voice 10: because there's now in private in private hands the so the state or the stage where this is at

[1:15:40] Voice 10: just to bring you up to date is that the app the bylaw 202 has received second reading and it was

[1:15:48] Voice 10: the subject of a public hearing so we're in post-public hearing mode and I'm just going to

[1:15:54] Voice 10: give you the activity that has happened a short summary of the activity on the rezoning file

[1:16:00] Voice 10: since that public hearing and before I just delve into some of the specifics about both some of the

[1:16:08] Voice 10: concerns that were expressed. So a public hearing was held on October 26, 2017, and the trustees

[1:16:17] Voice 10: have been, the information in terms of the public hearing binder and the minutes of that public

[1:16:24] Voice 10: hearing have been provided to the Local Trust Committee and they've also been posted on the

[1:16:29] Voice 10: Islands Trust website. And at that meeting, subsequent to the public hearing, the Local

[1:16:35] Voice 10: trust committee of the day passed a resolution and basically the resolution was to make to amend

[1:16:44] Voice 10: bylaw 202 by introducing the following elements which were to remove crushing and gravel

[1:16:51] Voice 10: and adjust the zone boundary to follow the topography and to provide assurances that

[1:16:59] Voice 10: measures were made to ensure the upgrades of fire protection have been made with the local

[1:17:04] Voice 10: fire authority so I was just reading verbatim from that resolution so subsequent to that staff

[1:17:11] Voice 10: contemplated this and the discussed this with the applicants and with regards to both the crushing

[1:17:18] Voice 10: which was deemed to be necessary although very infrequently it was seen as a necessary part of

[1:17:26] Voice 10: the operation and specifically with regard to the adjustment of the zone boundary and the concern

[1:17:33] Voice 10: there was tree loss on the upslope area and essentially this is above what's been established

[1:17:43] Voice 10: at 66 meters which is slightly above the toe of the slope and there is a development permit area

[1:17:48] Voice 10: that intersects with part of the the properties above which is development permit area one

[1:17:55] Voice 10: and there was concern expressed as part of that public hearing over I think basically the visual

[1:18:02] Voice 10: visual management of that i.e the loss of a large portion of the trees if the operation

[1:18:09] Voice 10: moved to try and take in some of that area and also concern about tree removal with respect to

[1:18:17] Voice 10: the development permit area and ensuring that that's protected so our recommendation was that

[1:18:24] Voice 10: rather than actually move the zone boundary we would that we would propose a section 219

[1:18:30] Voice 10: continuing covenant which would take in both of those concerns and i'll speak to the details of

[1:18:35] Voice 10: that in a second and just further on the timeline of this there were delays um one of the delays was

[1:18:42] Voice 10: due to the ltc's waste management review process and this these two properties were brought into

[1:18:47] Voice 10: that as one of the primary or the the the um favored sites and of course that was never

[1:18:55] Voice 10: and then also the application was placed in advance in March 2018 at the request of the applicants because they were involved in the bidding process to keep their contract on the island.

[1:19:07] Voice 10: They subsequently lost it but they've decided or through the process with MCON they've actually maintained ownership and it's now leased by MCON.

[1:19:16] Voice 10: So in February 2020, last year, the application at the request of staff was reactivated, and we have been in discussion with that, but Main Road staff, the key staff, have been retiring, but thankfully, actually, Rick Gill, who is, I believe, retired, he's here as a representative of the application, and he has had involvement all throughout this.

[1:19:44] Voice 10: so just to speak to the details of the section 219 covenant versus moving the zoning boundary

[1:19:52] Voice 10: there's advantages to doing this so it allows the bylaw to to proceed without having a further

[1:19:59] Voice 10: public hearing it would place a blanket restriction in perpetuity on tree removal

[1:20:04] Voice 10: for the entire upland area above 66 meters so that addresses those concerns i expressed previously

[1:20:12] Voice 10: and then the ability to undertake crushing very infrequently so it's drafted as as part of that covenant which is attached is once every four years for a maximum of three weeks and only between the hours of 7am and 4pm so that in our view or in staff's view it meets the operational needs and it also addresses the concern of the local community that was expressed over crushing the alternative to doing that is that

[1:20:41] Voice 10: that by following to the letter, the resolution,

[1:20:46] Voice 10: it would be necessitate second reading,

[1:20:49] Voice 10: sorry, rescinding second reading of this bylaw

[1:20:51] Voice 10: and holding a new public hearing.

[1:20:54] Voice 10: And then moving the zoning boundary

[1:20:56] Voice 10: would effectively keep that upland area in rural,

[1:21:02] Voice 10: but it would not afford any tree protection in doing so.

[1:21:06] Voice 10: And then it would remove in not providing

[1:21:10] Voice 10: the allowance for crushing would remove some of that flexibility which the owners have expressed

[1:21:15] Voice 10: and then the other matter of fire protection has been um a bit of a back and forth um at this point

[1:21:24] Voice 10: we what we can confirm is that it was never done but um and rick gill who i said earlier is here

[1:21:31] Voice 10: may be able to speak to this but there's apparently there's issues the the uh with the

[1:21:36] Voice 10: a water body that was proposed and essentially what was happening was the fire department said

[1:21:41] Voice 10: we would like to be able to use one of their ponds one of their water bodies to draw water

[1:21:48] Voice 10: in case of a fire emergency but in conversations that Rick has had with the foreman's on on site

[1:21:55] Voice 10: and they have been working with the fire department it doesn't seem like that may be

[1:21:59] Voice 10: practical even as it apparently dries up and it's not really a water body at times it's

[1:22:05] Voice 10: more of a bit of a slew or a sludge so Rick will be able to speak to that but our recommendation

[1:22:13] Voice 10: if this advances is to actually have that resolved either by deeming it

[1:22:19] Voice 10: unnecessary or by having that fire suppression put in place just a comment on this coming to you

[1:22:27] Voice 10: post-public hearing and your subsequent local trust committee and that is that your continuing

[1:22:38] Voice 10: and the record of the public hearing and has not received any new information, subsequent to that public hearing on this application, then you can proceed without further public hearing and they're one of the trustees did question the land use bylaw review project and the impacts of this application on that and

[1:23:04] Voice 10: and what I've noted in the staff report

[1:23:07] Voice 10: that finalizing this rezoning does not preclude

[1:23:10] Voice 10: this property from being included in any amendments

[1:23:13] Voice 10: to the land use by-law that are part of that project.

[1:23:15] Voice 10: So this rezoning is simply to legalize the uses

[1:23:20] Voice 10: that are ongoing on this property.

[1:23:25] Voice 10: And just moving to comments about post-public hearing

[1:23:29] Voice 10: and this is just scripture.

[1:23:32] Voice 10: Following the hearing, the LTC may choose to give further readings to the bylaw, defeat the bylaw, or alter a bylaw within certain parameters, and the next procedure steps would be consideration of third reading, forwarding the bylaw to executive committee for approval, and reconsideration of adopting.

[1:23:52] Voice 10: So the recommendations that are on page one are, and I'm just going to summarize them, are to accept the covenant and designate the chair of the LTC to sign the covenant for Main Road.

[1:24:07] Voice 10: And to read By-law 202 a third time and direct staff to forward By-law 202 read a third time to the executive committee.

[1:24:18] Voice 10: and that upon um confirmation of registration of the covenant with land title office

[1:24:26] Voice 10: executive committee approval and confirmation of the completion of fire suppression

[1:24:32] Voice 10: that the north pender island local trust committee directs staff to report back for final adoption

[1:24:40] Voice 10: so the rationale is that accepting the covenant addresses the outstanding concerns cited through

[1:24:47] Voice 10: the public hearing process and highlighted in the local trust committee's direction to staff by

[1:24:53] Voice 10: resolution and that proceeding with the bylaw process will allow for the legalization of the

[1:24:58] Voice 10: long-standing uses on the property and provide certainty to the landowner and result in a

[1:25:04] Voice 10: covenant for protection of tree cover and tree slope and i will just note that if we're proceeding

[1:25:10] Voice 10: The last resolution, as I've indicated through the conversation here, we may want to amend that by inserting that the completion of the fire suppression upgrades could alternatively be written confirmation from Pender Island Fire Rescue that the upgrades are impractical.

[1:25:32] Voice 10: So that's my report.

[1:25:34] Voice 17: Thank you. We have the applicant, Maple, if we could promote them.

[1:25:41] Voice 5: Yes, I've moved Rick over to the panelist side.

[1:25:44] Voice 5: Rick, you can unmute yourself now and turn on your camera if you wish.

[1:25:56] Trustee Patrick: Am I on?

[1:25:57] Trustee Patrick: Yes, we can hear you and see you.

[1:25:59] Trustee Patrick: Hey, hello.

[1:26:00] Trustee Patrick: Do you have any questions or comments you wish to add?

[1:26:04] Voice 2: Not really.

[1:26:04] Voice 2: It's been a long process and we're trying to do the right thing

[1:26:07] Voice 2: and we'd just like to finalize this process.

[1:26:09] Voice 2: It's kind of where we're at.

[1:26:12] Trustee Patrick: All right.

[1:26:12] Trustee Patrick: Well, thank you very much.

[1:26:13] Trustee Patrick: Trustees, questions for the planner or the applicant?

[1:26:18] Trustee McConchie: I've got a couple of questions. When Main Road bought the land in 2006, who did they buy the

[1:26:28] Trustee McConchie: land

[1:26:28] Voice 2: from? We bought it from the province. They sold all their maintenance properties

[1:26:32] Voice 2: throughout the whole province to contractors, whoever was interested. Typically, they went

[1:26:37] Voice 2: to the contractors at the time. We're currently owners of those. Because they're practical as

[1:26:44] Voice 2: maintenance yards, we actually have won other contracts and we're leasing yards from other

[1:26:48] Voice 2: contractors and they're leasing our yards from us it's kind of a little complicated but that's how

[1:26:53] Voice 2: it works so

[1:26:55] Trustee McConchie: if i'm understanding at one point it was public land that that was used for highways

[1:27:02] Trustee McConchie: that's correct then

[1:27:03] Trustee McConchie: then it the province made a decision to privatize the highways

[1:27:07] Trustee McConchie: and therefore you guys come in by set up a contract and now we have highways run by private

[1:27:13] Trustee McConchie: companies correct

[1:27:14] Voice 2: that's correct yeah it started out the properties weren't involved at the very

[1:27:17] Voice 2: beginning. We privatized and the government decided to privatize in 88. I think the property

[1:27:23] Voice 2: purchase happened in, I believe it was the 05 contracts. So it was quite a bit later. It was

[1:27:31] Voice 2: about 15 years. They decided they want to be in the property business because we were leasing

[1:27:35] Voice 2: the properties off of them. So they just decided to either create capital or whatever they decided

[1:27:40] Voice 2: to do, but they're all in the ownership of all the private contractors now.

[1:27:45] Trustee McConchie: So prior to, so

[1:27:48] Trustee McConchie: was this zoned how was it zoned and then did they did the then the people take over this

[1:27:54] Trustee McConchie: non-conforming status in 2006 is that correct i'm understanding so

[1:27:59] Voice 10: only a portion is zoned

[1:28:00] Voice 10: appropriately so um yeah it prior to 2006 the terminology is they were the province as

[1:28:08] Voice 10: the province is immune to zoning of local government so not just for maintenance yards

[1:28:13] Voice 10: for any other provincial lands they do not have to comply with zoning so there was never

[1:28:18] Voice 10: the zoning was never applied to this property as the use as it as it was now there's the small area

[1:28:28] Voice 10: and i'm trying to remember sorry i'm i'm reaching back to try and recall how that's the small area

[1:28:33] Voice 10: of one of i think it's lot nine was actually zoned appropriately um and robert may have a

[1:28:39] Voice 10: better recollection on that one so um

[1:28:43] Voice 12: yeah one of the lots was zoned for industrial and one of them

[1:28:46] Voice 12: was zoned for rural i don't think it really came to the attention of the ltc back in the 90s and

[1:28:52] Voice 12: 80s because it was just assumed to be provincial it was just well it was provincial ownership and

[1:28:57] Voice 12: so there wasn't a lot of attention paid to what the zoning was um and while there's some

[1:29:03] Voice 12: non-conforming protection that's that sort of carried forward with the with the use um they

[1:29:08] Voice 12: did have to main road did have to get a temporary use permit to move or construct a new shed um at

[1:29:14] Voice 12: at one point in the

[1:29:16] Voice 10: salt shed, right?

[1:29:18] Voice 10: So

[1:29:18] Voice 12: while there was some non-conforming status,

[1:29:22] Voice 12: anything they were doing new,

[1:29:23] Voice 12: anything they were expanding, anything they were changing,

[1:29:26] Voice 12: had to go, had to comply with zoning.

[1:29:29] Voice 12: So that was the, they got the temporary use permit

[1:29:31] Voice 12: to construct the salt shed.

[1:29:33] Voice 12: And then that subsequently led to the rezoning application

[1:29:37] Voice 12: to basically bring the use on the property into compliance.

[1:29:42] Trustee McConchie: Okay, Trustee Morrison, do you have questions?

[1:29:44] Trustee McConchie: because then i have a couple of um comments i wanted to make on the application yeah maybe

[1:29:49] Trustee Morrison (probable): just a couple quick questions on the application if that's okay

[1:29:54] Trustee Morrison (probable): um one of the things that i'm struggling with because we received a giant

[1:30:00] Trustee Morrison (probable): quantity of paperwork this week um is understanding where the buffering industrial property zoning

[1:30:09] Trustee Morrison (probable): it's required buffering so visual buffering either like vegetative or fencing or whatever

[1:30:15] Trustee Morrison (probable): and i don't see that on that property currently is it in the rezoning requirements so that's one

[1:30:22] Trustee Morrison (probable): thing and what i've heard so far and what you said was that if we had this like deemed unnecessary

[1:30:29] Trustee Morrison (probable): necessary for fire suppression access to the pond the person or entity that would do that deeming

[1:30:36] Trustee Morrison (probable): is the pender island fire department that's what i just heard you say so i just want to be clear

[1:30:40] Trustee Morrison (probable): that it's not necessarily um the property owner who would deem that it would be the fire department

[1:30:45] Trustee Morrison (probable): yeah

[1:30:46] Voice 10: so yeah we would i we would recommend that that come from the fire department and as i said

[1:30:51] Voice 10: rick uh and other staff people have been uh in communication with the um fire department and

[1:30:58] Voice 10: a foreman on the ground has uh to try and you know basically figure out if this is even a reasonable

[1:31:04] Voice 10: thing to do um given the nature of the water body that was and to speak to the other comment was

[1:31:12] Voice 10: about um oh the buffer area so that is actually when it that is part of the zoning bylaw so any

[1:31:19] Voice 10: property that is zoned as um as industrial has to comply with those landscape um uh screening

[1:31:26] Voice 10: guidelines which were part of the land use bylaw so it sort of rolls over into into that so that

[1:31:32] Trustee Morrison (probable): will require work right and so rick can you talk to what the plan is for landscape screening for

[1:31:38] Trustee Morrison (probable): that site i

[1:31:40] Voice 2: haven't been there for a while but what i understand is we did when we when we went

[1:31:42] Voice 2: to for the temporary program for the salt shed we had to put trees in along the front which were

[1:31:46] Voice 2: installed which were accepted at the time would

[1:31:50] Trustee Morrison (probable): there be additional things though that would be

[1:31:53] Trustee Morrison (probable): required to make

[1:31:54] Voice 2: sure

[1:31:55] Trustee Morrison (probable): everybody knows what that would look

[1:31:58] Trustee Morrison (probable): like no

[1:31:59] Voice 2: we've been sure this has been

[1:32:00] Voice 2: a long process for us and i i just want to be careful what i say uh it's we've come a long road

[1:32:08] Voice 2: we're trying to make environmental improvements to the land because it wasn't before and so

[1:32:14] Voice 2: it's we we'd almost dropped this application a couple of times and we were we've been kind of

[1:32:19] Voice 2: pressed by all entrusted to proceed and finish so we're trying to do that and it's been almost

[1:32:26] Voice 2: four years we've been playing this and it's it's a little let's admit a little frustrating uh we

[1:32:32] Voice 2: think we're trying to do everything right and we're not getting much traction so that's where

[1:32:38] Voice 2: we're at just

[1:32:41] Voice 10: we um what we could do is is or what we would do is is verify that um that screening

[1:32:48] Voice 10: meaning that Rick is referring to

[1:32:50] Voice 10: meets the zoning bylaw regulation, so.

[1:32:54] Trustee Morrison (probable): Okay, because I'm like,

[1:32:56] Trustee Morrison (probable): this seems reasonable to me,

[1:32:58] Trustee Morrison (probable): like just from a statement purpose,

[1:33:00] Trustee Morrison (probable): like this seems reasonable to me

[1:33:01] Trustee Morrison (probable): to bring this into compliance.

[1:33:03] Trustee Morrison (probable): And I really appreciate the covenant

[1:33:05] Trustee Morrison (probable): because boy, that is a tricky issue for us

[1:33:08] Trustee Morrison (probable): to just universally across Pender right now,

[1:33:10] Trustee Morrison (probable): the tree issues.

[1:33:12] Trustee Morrison (probable): And so I really appreciate that.

[1:33:13] Trustee Morrison (probable): But I just want to make sure, Rick,

[1:33:15] Trustee Morrison (probable): that you're made aware

[1:33:16] Trustee Morrison (probable): where the industrial guidelines

[1:33:18] Trustee Morrison (probable): do have some buffering issues

[1:33:19] Trustee Morrison (probable): that I'm not sure are currently in compliance.

[1:33:21] Trustee Morrison (probable): So it's just something that may come up

[1:33:24] Trustee Morrison (probable): as this zoning comes into impact for you.

[1:33:26] Trustee Morrison (probable): So, okay.

[1:33:28] Trustee Patrick: I know you have some comments,

[1:33:31] Trustee Patrick: but I have a question that's pertinent.

[1:33:37] Trustee Patrick: The rezoning applications

[1:33:38] Trustee Patrick: that have been coming to the executive recently

[1:33:41] Trustee Patrick: that have not had First Nations referral

[1:33:43] Trustee Patrick: have been problematic.

[1:33:44] Trustee Patrick: and i know it's this is because of the age of the applicant but we have turned them back now

[1:33:49] Trustee Patrick: they were waterfront uh the one of the one we turned back on main island was a waterfront

[1:33:54] Trustee Patrick: issue that had not had it salt spring had um voluntarily set it set it back before it was

[1:34:00] Trustee Patrick: sent to the executive um so i just wanted to look to staff um i know this is an upland property but

[1:34:07] Trustee Patrick: i don't i can't say how what's going to happen at executive but uh i know staff have been

[1:34:12] Trustee Patrick: an undertaking person that did it on main island i believe yeah

[1:34:15] Voice 12: it was main island yeah um

[1:34:17] Trustee Patrick: i don't

[1:34:19] Trustee Patrick: know if this could be argued to be different than than than that or i can't like i said i can't

[1:34:25] Trustee Patrick: predict how ec is going to behave what would be necessary to uh remedy that if that indeed became

[1:34:34] Trustee Patrick: a requirement well

[1:34:36] Voice 12: if it was the same as same as main so post-public hearing goes to executive

[1:34:39] Voice 12: committee executive committee looks at the referral record and recommends to the local

[1:34:48] Voice 12: trust committee that it do referrals to first nations or re-referrals to first nations as the

[1:34:53] Voice 12: case may be at the local trust committee's direction we would then undertake that and

[1:34:59] Voice 12: if there were any responses to that referral we'd have to look at those and if we thought

[1:35:06] Voice 12: if they were of substance then we'd have to report that to the local trust committee and that might

[1:35:11] Voice 12: require a new public hearing correct

[1:35:13] Trustee Patrick: so you could do the referrals and subject to the outcome there

[1:35:16] Trustee Patrick: may not need to be a a second public hearing it

[1:35:20] Voice 12: may not need to be a second public hearing that's

[1:35:21] Voice 12: right but this property is so the for the main situation it was it was for sure it was

[1:35:27] Voice 12: for sure and this is not crown land nothing required is not related to an ocp amendment and

[1:35:34] Voice 12: and no, no archeological sites or potential.

[1:35:39] Trustee Patrick: Yeah. So I'm just bringing that to my trustees. I can't, you know,

[1:35:43] Trustee Patrick: promise the outcome of the executive,

[1:35:45] Trustee Patrick: but I know the executive is paying particular attention because there's a

[1:35:48] Trustee Patrick: number of, you know,

[1:35:49] Trustee Patrick: rezoning takes time and there are a number of rezonings that have been

[1:35:53] Trustee Patrick: through, you know,

[1:35:54] Trustee Patrick: they were started long ago before we had our reconciliation declaration.

[1:35:59] Trustee Patrick: And so the executive is wrestling with making sure that we're being

[1:36:02] Trustee Patrick: consistent. So I just want to bring that to your attention.

[1:36:06] Trustee Patrick: so you could either say that you would like to have a first nation referrals now or wait and

[1:36:13] Trustee Patrick: see what the executive does so just bringing that to your attention sure

[1:36:18] Trustee McConchie: patrick um i'm

[1:36:20] Trustee McConchie: disappointed to hear that there was some type of push for your application um i i can you explain

[1:36:27] Trustee McConchie: what you what uh what that you're referring to rick how do you mean by push oh you just you just

[1:36:33] Trustee McConchie: said that you you felt that the islands trust was pushing the application i just want to understand

[1:36:37] Trustee McConchie: what what you mean

[1:36:37] Voice 2: it was we're trying to form basically everybody's been trying to formalize

[1:36:42] Voice 2: what we're actually been going on there like one of our we own two lots one's industrial one is i

[1:36:48] Voice 2: don't know if it's rural or it's public utility it's kind of ministry

[1:36:51] Voice 4: yeah

[1:36:52] Voice 2: so we we want to put

[1:36:55] Voice 2: a new salt shed so we're doing it environmentally friendly with a vat bowl and so we don't

[1:36:59] Voice 2: environmentally safe there because the old salt shed was not in a great place so we put it on the

[1:37:04] Voice 2: the upper ground to do the proper thing and so we have a temporary use permit on that right now

[1:37:09] Voice 2: and so the whole thing is we're just trying to and there was a big push at the time because of

[1:37:15] Voice 2: also the waste transfer site i went to several meetings on that as well being involved in that

[1:37:20] Voice 2: process because we were getting approached they wanted us to participate in the process

[1:37:24] Voice 2: and so well we thought so the recommendation was let's get the shed on there this is what's

[1:37:30] Voice 2: It's actually happening in the OCP as industrial land that's formalized the process.

[1:37:35] Voice 2: So that was the it was all kind of we were almost going to walk because it was it was just getting too difficult.

[1:37:41] Voice 2: So and, you know, fellas talked us back in and we're close and let's get on with it.

[1:37:45] Voice 2: So we're back at the table trying to finalize this and clean it all up.

[1:37:49] Voice 2: It's basically is that what we see is a cleanup of housekeeping of what's been going on there for about 50 years.

[1:37:55] Voice 2: Right.

[1:37:56] Trustee McConchie: So I respect the fact that the government is a slow bureaucratic process. Trust me, I deal with that and I understand that. But there's some considerations I have to take into account as a trustee in the preserve and protect

[1:38:08] Trustee McConchie: mandate that I want to assure that we address.

[1:38:10] Trustee McConchie: So, I don't want to feel like we're having to do something because you've been dealing with this for a long time. I have a couple comments. The first comment is this reflects the damage of the 2001 BC Liberal government and their cutbacks. And now we're having to deal with a rezoning of a private company that now runs our highway systems, right?

[1:38:33] Trustee McConchie: Right. And the highway systems are a critical infrastructure to the island.

[1:38:37] Trustee McConchie: And because of the privatization of what's happened, we have private companies operating.

[1:38:42] Trustee McConchie: And now they're at the private company is now asking to zone the land.

[1:38:46] Trustee McConchie: So their private company continue to continue to operate.

[1:38:49] Trustee McConchie: But however, the question I have is, isn't our highways critical infrastructure?

[1:38:55] Trustee McConchie: Like, shouldn't this be a zone like a community service industrial?

[1:38:59] Trustee McConchie: like what i guess what i'm wondering is um is is this uh this service that that main roads and

[1:39:07] Trustee McConchie: and mcom provide is fundamental to our our economy to us getting around um now if we don't agree to

[1:39:18] Trustee McConchie: this and the application gets taken off the table what what happens then what happens to the highways

[1:39:25] Trustee McConchie: way's yard what happens to like what do

[1:39:27] Voice 2: you have every yard will stay there and i don't know what

[1:39:29] Voice 2: the total outcome would be uh trustee but i mean one of the things is we could move our shed to

[1:39:35] Voice 2: the other property which is the industrial property which doesn't make a lot of logistical

[1:39:39] Voice 2: sense because in the it's in the spot it's in is the best spot environmentally and so it and i know

[1:39:45] Voice 2: it's it's i get your complicated point about the property not being zoned it's nothing we're trying

[1:39:50] Voice 2: i'm pushing like we still own properties on all the other gulf islands and some of their

[1:39:54] Voice 2: zoned public utility and rural and they're all all over the place but we're having there's no

[1:40:00] Voice 2: been no everybody sort of lets it go by this is what's going on and there's no upgrades on

[1:40:06] Voice 2: the things until someone decides they want to do an upgrade or a new shed then you might want to

[1:40:11] Voice 2: consider do we have to get the zoning so this is why this one all started out uh the big push was

[1:40:17] Voice 2: was more for, I believe, the waste transfer site.

[1:40:21] Voice 2: We were putting our shed,

[1:40:22] Voice 2: we had a temporary permit to put the shed up

[1:40:24] Voice 2: and the intent was, well, it's,

[1:40:25] Voice 2: and at the time they had,

[1:40:27] Voice 2: we were under some pressure to participate

[1:40:30] Voice 2: and our property was like number one or two

[1:40:32] Voice 2: on the sequence for the waste transfer site.

[1:40:34] Voice 2: So we wanted to make sure that, okay, well,

[1:40:37] Voice 2: you know, we were very biased.

[1:40:39] Voice 2: We said, yeah, if you're interested, we can talk,

[1:40:41] Voice 2: but you know, you guys do your thing

[1:40:43] Voice 2: where you want to put it.

[1:40:44] Voice 2: And so we thought, well, it's at the very least,

[1:40:45] Voice 2: let's get our property our other piece like one piece is zone property one isn't so yeah it's one

[1:40:51] Voice 2: piece of property just two lots so we're just trying to clean that up and make it one particular

[1:40:56] Voice 2: piece of industrial land as per the ocp so

[1:41:01] Trustee McConchie: you guys decided like forget it we don't want to

[1:41:03] Trustee McConchie: deal with garbage and anything we just want to do our highways thing

[1:41:06] Voice 2: yeah we didn't think it

[1:41:11] Voice 2: for some reason someone thought our site was a great site because we were zoned properly i think

[1:41:14] Voice 2: I think that was the real reason.

[1:41:16] Voice 2: We didn't think it was the best site

[1:41:18] Voice 2: because we didn't think it was big enough

[1:41:19] Voice 2: for what they needed.

[1:41:20] Voice 2: And there was already sites that were ongoing

[1:41:22] Voice 2: on the island and then move and start again.

[1:41:24] Voice 2: We didn't see it, but we kept being encouraged

[1:41:27] Voice 2: to participate, so we attended the meetings

[1:41:30] Voice 2: and participated and maybe one day,

[1:41:32] Voice 2: it might be, I don't know.

[1:41:34] Voice 2: But at this point, we don't think that's gonna happen

[1:41:38] Voice 2: on our property.

[1:41:39] Voice 2: I'm not sure where the waste transfer site's going,

[1:41:41] Voice 2: if it's even been designated today um

[1:41:47] Trustee McConchie: okay great thanks for the taking the time to answer these

[1:41:50] Trustee McConchie: hard questions it just helps me make a decision here rick so the final i just if it's okay chair

[1:41:53] Trustee McConchie: patrick i just had a couple more questions um the only other concern i had was uh this public

[1:41:59] Trustee McConchie: hearing uh happening in 2016 um however you know uh and and that's a response to islanders saying

[1:42:07] Trustee McConchie: hey you guys are some secretive government that you know is uh doing things behind the back and

[1:42:12] Trustee McConchie: And I'm concerned that if we've had a public hearing four years ago, that we haven't actually gone through the proper public process.

[1:42:18] Trustee McConchie: I wonder what other trustees thought about that.

[1:42:20] Trustee McConchie: Those were the only main red flags I had in this application.

[1:42:23] Trustee McConchie: Otherwise, I do agree with the applicant that it seems to me that these non-conforming issues need to be resolved.

[1:42:32] Trustee Patrick: I can make a comment.

[1:42:34] Trustee Patrick: I know we had a similar case.

[1:42:36] Trustee Patrick: I'm having to deal with the rezonings that were started.

[1:42:38] Trustee Patrick: you know the previous trustees just like like yourself and the process is with the process we

[1:42:44] Trustee Patrick: can look to staff to you know so public hearings happen number of reasons delays occur so it's

[1:42:50] Trustee Patrick: it's respecting process is is really what this comes down to and as local trustees you have to

[1:42:56] Trustee Patrick: gauge uh you know your your decision of where you are in this process and how comfortable you are

[1:43:02] Trustee Patrick: and i have you know raised the first nations issue is one that kind of circles back to the

[1:43:05] Trustee Patrick: reconciliation of um that has changed since this was first started so any comments uh trustee

[1:43:14] Trustee Patrick: morrison or yeah

[1:43:16] Trustee Morrison (probable): i think um what i see what i see in this application i'm really happy with i think

[1:43:21] Trustee Morrison (probable): it does the work it's supposed to do um so to get everything um legally conforming to get us into

[1:43:28] Trustee Morrison (probable): the actual industrial zoning and that the proper protections like ascribed by that and i think it

[1:43:33] Trustee Morrison (probable): goes a step further like in terms of the tree protection and boy that's you've opened a can

[1:43:38] Trustee Morrison (probable): of worms with me now that I know that's possible I'm going to be asking for that everywhere um so

[1:43:45] Trustee Morrison (probable): yeah so I think that's good I do and I know um right this is not going to be awesome from your

[1:43:52] Trustee Morrison (probable): perspective but I am a little worried that like we have a reconciliation motion and we have not

[1:43:57] Trustee Morrison (probable): had First Nations referral I don't think First Nations are going to have an issue but I can't

[1:44:02] Trustee Morrison (probable): speak for them and so um i do feel that we we need to have this referred out to first nations

[1:44:09] Trustee Morrison (probable): to be in compliance with our own ltc motion to be in um reconciliation sort of efforts um and at the

[1:44:18] Trustee Morrison (probable): same time i also want to forward it so i don't know if one of the things that we could do like

[1:44:24] Trustee Morrison (probable): if we forward it to the ec right now like we approve it here um and forward it with yet like

[1:44:30] Trustee Morrison (probable): Like, they're just going to kick it back to us if they expect the First Nations move.

[1:44:35] Trustee Morrison (probable): And so I kind of feel like we need to preemptively do that, like have a, and I need some guidance.

[1:44:42] Trustee Morrison (probable): So like, Robert, like, what would that look like if we referred it out for First Nations comment at this moment, and then brought it back into, because I seriously don't see any problems with it.

[1:44:55] Trustee Morrison (probable): So, but where does that leave us?

[1:44:57] Trustee Morrison (probable): so

[1:44:58] Voice 12: yeah the ltc could ask us to refer it out understanding you know it's post-public hearing

[1:45:03] Voice 12: you're not supposed to receive new information if we don't receive any responses then then just

[1:45:09] Voice 12: carry on it would just put a bit of a delay because it's minimum 30 days to refer out um at least the

[1:45:16] Voice 12: other thing to keep in mind or to consider is that you know some of the comments we when we do get

[1:45:20] Voice 12: from first nations is they're inundated right they're overwhelmed with with stuff and they

[1:45:26] Voice 12: want

[1:45:27] Voice 4: to see stuff that's

[1:45:27] Voice 12: important to them um and um we rely also on on lisa and senior

[1:45:34] Voice 12: governmental affairs advisor to give us advice on you know specifically what should go what

[1:45:39] Voice 12: shouldn't go when it's not an ocp amendment and um how to frame that should it should there be

[1:45:44] Voice 12: an introductory letter letter or um is that not necessary um so that's maybe something we could do

[1:45:52] Voice 12: we could do initially is um you know if you advance the application before it goes to

[1:45:57] Voice 12: executive we could at least um at least have a discussion with the senior intergovernmental

[1:46:02] Voice 12: affairs affairs advisor yeah

[1:46:04] Trustee Morrison (probable): that might be the way forward because i do understand that

[1:46:07] Trustee Morrison (probable): inundation issue and so lisa has lisa's advice on this application hasn't been thought today

[1:46:12] Trustee Morrison (probable): so far

[1:46:13] Voice 10: she she she reviewed the report and so the what you what you see in terms of the first

[1:46:20] Voice 10: nations uh comments are are in the body of the report those

[1:46:25] Voice 12: are her comments yeah yeah

[1:46:27] Voice 10: oh that's

[1:46:28] Trustee Morrison (probable): helpful to know that's actually really helpful

[1:46:30] Voice 10: lisa reviews all reports just so we can clarify

[1:46:33] Trustee Morrison (probable): that yeah

[1:46:34] Trustee Morrison (probable): okay so i feel better about forwarding this application given that comment um and having

[1:46:41] Trustee Morrison (probable): the executive take a pass at it related to this just there's such a complicated issue around time

[1:46:46] Trustee Morrison (probable): time around site around you know our own interrelations with first nations and how much

[1:46:51] Trustee Morrison (probable): we are overwhelming them about like minutiae or not i don't know um trust mcconaughey yeah

[1:46:56] Trustee McConchie: i i just

[1:46:57] Trustee McConchie: want to jump in well first of all staff should note in page 119 of the report there's a graph

[1:47:02] Trustee McConchie: that says first nations engagement and and that should be eliminated from the the process this

[1:47:07] Trustee McConchie: particular application because there was none but but yeah you're right like we've been sending this

[1:47:11] Trustee McConchie: I mean, we sent that, I think the STVR to several First Nations in this unceded area, and they came back and said, you know, no comments, right?

[1:47:21] Trustee McConchie: So that's kind of the initial word.

[1:47:22] Trustee McConchie: And so to hear they're inundated Planet Jima, that's really interesting.

[1:47:27] Trustee McConchie: But I think the most important point of this application is, I want to have a functioning highway system in the islands.

[1:47:35] Trustee McConchie: when it snows i sure love it when ncom comes down and plows and salts and saves our island

[1:47:42] Trustee McConchie: from winter catastrophe it does my main question is does this rezoning ensure that even if mcom

[1:47:51] Trustee McConchie: and main road which are private companies go bankrupt for whatever reason which i'm they're

[1:47:55] Trustee McConchie: not they're they're really well-run companies but that land is zoned so anybody that comes back in

[1:48:01] Trustee McConchie: can only operate there in the highways and so the land is is preserved forever for highways as the

[1:48:07] Trustee McConchie: highways is an essential system on pender like i do you get what i'm saying i want this does the

[1:48:13] Trustee McConchie: does this particular uh rezoning process resolve that so it is a so it is a special industrial zone

[1:48:19] Trustee McConchie: so the highways people can for sure always have a highways place and it's impossible to have

[1:48:24] Trustee McConchie: another highways place anywhere else on the island so it's just

[1:48:26] Trustee McConchie: done with and dealt with

[1:48:27] Trustee McConchie: so

[1:48:28] Voice 10: the zone as it's it's it's structured and is it it's shown in um uh on page 121

[1:48:35] Voice 10: are the specific uses are um related and it's a site-specific zone um i can recite them but

[1:48:44] Voice 10: they are all

[1:48:45] Manager of Bylaw Compliance and Enforcement (probable): i see them

[1:48:45] Voice 10: they all encompass what a highways yard needs in terms of their uses

[1:48:50] Voice 10: and that's the only zone on the island that that does that or would do that sorry this is a

[1:48:55] Voice 10: potential um bylaw still great

[1:48:57] Trustee McConchie: yeah and so if that answers the question then i also just want

[1:49:01] Trustee McConchie: to state um how uh what a great engagement we've been having with highways folks right now like

[1:49:08] Trustee McConchie: jake at the ministry uh they're interested in creating environmental trans uh infrastructure

[1:49:13] Trustee McConchie: they're helping us um fix our roads uh on south pender and on north pender there's a whole bunch

[1:49:19] Trustee McConchie: of uh questionable areas so it's we've we've begun a really good relationship um learning

[1:49:23] Trustee McConchie: realizing that this how important uh these road systems are so i i mean i i'm ready trustee

[1:49:29] Trustee McConchie: morrison and chair patrick uh to create a motion if that's okay because uh

[1:49:33] Trustee McConchie: yeah and hearing hearing

[1:49:34] Trustee McConchie: um hearing that uh you know the the the public hearing concerns i had or have been addressed

[1:49:40] Trustee McConchie: the the way its zone has been addressed and um the concerns over first nations and how to

[1:49:46] Trustee McConchie: appropriately engage that have been addressed i think uh it would be okay for me to uh to make

[1:49:50] Trustee McConchie: a motion to proceed here so i'd like to make a motion that's in the staff report um that the

[1:49:56] Trustee McConchie: north pender island local trust committee accept a covenant under section 219 of the land title act

[1:50:00] Trustee McConchie: from the registered owner of lots 8 and 9 section 18 pender island couch and district plan

[1:50:05] Trustee McConchie: 6294 that is attachment 2 to this report and designate the chair of the local trust committee

[1:50:10] Trustee McConchie: to sign the covenant for nprz2016.1 is

[1:50:14] Trustee Patrick: there a second trustee morrison thank you is there any

[1:50:17] Trustee Patrick: discussion on this motion i'll call the vote then all those in favor and that's carried uh

[1:50:25] Trustee McConchie: i do want

[1:50:25] Trustee McConchie: me to continue trustee morrison is that okay yeah go ahead i'll let the i'd like to make a motion

[1:50:30] Trustee McConchie: that the north panoramic local trust mini bylaw number 202 cited as north panoramian land use

[1:50:34] Trustee McConchie: bylaw 103 1996 amendment number one 2016 be read for a third time is

[1:50:40] Trustee Patrick: there a second yes um trustee

[1:50:42] Trustee Patrick: morrison is there any discussion on this motion i'll call the vote all those in favor and that's

[1:50:47] Trustee Patrick: carried

[1:50:48] Trustee McConchie: i'd like to make a motion sorry this

[1:50:52] Voice 10: would be the point that you would if you wanted

[1:50:54] Voice 10: and robert can correct me but if you wanted to introduce a motion to have staff refer um the

[1:51:01] Voice 10: application out to first nations prior to the executive committee so yeah

[1:51:08] Trustee Morrison (probable): i would i would

[1:51:08] Trustee Morrison (probable): suggest that we keep with the motions as they are if our senior governmental and affairs officer

[1:51:13] Trustee Morrison (probable): or has looked over this and that was some important information i i feel okay with going ahead with

[1:51:18] Trustee Morrison (probable): these motions as they stand i think motion four we might need to modify as per your advice um phil

[1:51:23] Trustee Morrison (probable): but let's i think we're okay to keep going yeah

[1:51:26] Trustee McConchie: and i i'm not clear on on the policy when we i

[1:51:29] Trustee McConchie: it's not clear to me as a trustee how i'm supposed to behave when something from the past comes up

[1:51:34] Trustee McConchie: and we haven't consulted first nations i need more information on that on on what what maybe

[1:51:38] Trustee McConchie: the trustees need to discuss it so i'm going to proceed if that's okay i

[1:51:42] Trustee Patrick: was just going to say

[1:51:42] Trustee Patrick: this is a dilemma we're all facing at executive

[1:51:45] Trustee Patrick: and we're just realizing that, you know,

[1:51:47] Trustee Patrick: this is a transition period

[1:51:48] Trustee Patrick: and there will be these moments of awkwardness.

[1:51:51] Trustee McConchie: Absolutely, thanks, Chair Patrick.

[1:51:53] Trustee McConchie: I'd like to make a motion,

[1:51:54] Trustee McConchie: which is number three on the staff report

[1:51:56] Trustee McConchie: that the North Pender Island Local Trust Committee approve,

[1:51:59] Trustee McConchie: excuse me, that the North Pender Island Local Trust Committee

[1:52:01] Trustee McConchie: proposed bylaw number 202 be forwarded

[1:52:03] Trustee McConchie: to the Secretary of the Islands Trust

[1:52:05] Trustee McConchie: for executive committee approval.

[1:52:06] Trustee Patrick: Is there a second?

[1:52:07] Trustee Patrick: Trustee Morrison, is there any discussion?

[1:52:10] Trustee Patrick: All the vote, all those in favor?

[1:52:13] Trustee Patrick: Carrie and lastly a modified one

[1:52:16] Trustee Morrison (probable): potentially sure

[1:52:17] Voice 10: I have I

[1:52:18] Voice 10: have verbiage if you guys if

[1:52:21] Voice 10: and

[1:52:21] Trustee Morrison (probable): make sure that that goes directly to Shannon sure

[1:52:25] Voice 10: okay so that upon confirmation of registration

[1:52:29] Voice 10: of the covenant with the land title office executive committee approval and confirmation

[1:52:36] Voice 10: of completion of the fire suppression upgrades or written confirmation from the Pender Island

[1:52:41] Voice 10: and fire rescue that the upgrades are impractical the north pender island local trust committee

[1:52:47] Voice 10: direct staff to report back to the local trust committee for a final adoption of bylaw 202

[1:52:53] Voice 10: okay

[1:52:54] Trustee Morrison (probable): i still move that one because i like

[1:52:56] Trustee Patrick: that amendment yeah i'll second no

[1:52:58] Trustee Patrick: second i'm going

[1:52:59] Trustee Patrick: to give shannon a moment shannon you're prepared if you could read that back but upon confirmation

[1:53:05] Voice 7: of registration of the covenant with the land title office executive committee approval and

[1:53:10] Voice 7: confirmation of completion of fire suppression upgrades or written confirmation from pender

[1:53:13] Voice 7: island fire rescue that the upgrades are impractical the north pender island local

[1:53:17] Voice 7: trust committee direct staff to report back to the local trust committee for final adoption of bylaw

[1:53:22] Voice 7: 202.

[1:53:23] Trustee Patrick: excellent thank you very much is there any discussion on this motion

[1:53:27] Trustee McConchie: no

[1:53:27] Trustee Patrick: okay i'll call the vote all those in favor carried thank you shannon for your thank you

[1:53:34] Trustee McConchie: you,

[1:53:34] Trustee Patrick: Rick, for your

[1:53:35] Trustee McConchie: time as well from your boat. That

[1:53:37] Voice 2: was great. Thank you very much.

[1:53:39] Trustee Morrison (probable): Thanks, Rick, for dealing with all the questions and comments. I know it's probably been on your

[1:53:43] Trustee Morrison (probable): plate forever. So thanks for that. And it's really helpful to have this covenant. It's

[1:53:47] Trustee Morrison (probable): an example for anybody doing work on industrial land that we have these types of covenants in

[1:53:51] Trustee Morrison (probable): place.

[1:53:53] Trustee McConchie: Patrick, can I make a motion for a bathroom break?

[1:53:56] Trustee Patrick: I don't think you have to

[1:53:57] Trustee Patrick: have a motion. You just asked for a

[1:53:58] Trustee Patrick: recess. So we'll take a

[1:54:00] Trustee Patrick: five-minute recess. Five-minute

[1:54:02] Trustee Patrick: recess. Yes.

[1:54:02] Trustee McConchie: Thank you. Yes. Five

[1:54:03] Trustee Patrick: minutes. Okay. Five minute recess. I'm just waiting for trustee

[1:59:43] Trustee Patrick: Morrison. There she comes. Oh, coffee in hand or tea.

[1:59:49] Trustee Morrison (probable): My morning snack. So I apologize, but

[1:59:52] Trustee Morrison (probable): it's,

[1:59:52] Trustee Patrick: it's critical. I yelled downstairs saying, please coffee. Okay.

[2:00:00] Trustee Patrick: So we'll carry on. Thank you very much. We're at 12.4 on the agenda. And this is a referral from South Pender. And there's a report attached at one page 134. Is that going to be Planner Stockville? And you're muted.

[2:00:16] Trustee Patrick: thank you for the reminder

[2:00:21] Planner Stockdill (probable): just flipping to the page right now so this is a referral from the

[2:00:28] Planner Stockdill (probable): south pender ltc it's in conjunction with their short-term vacation rental project

[2:00:36] Planner Stockdill (probable): and they are proposing to make amendments to their land use bylaw and also introduce guidelines

[2:00:45] Planner Stockdill (probable): to the temporary permit section of their OCP.

[2:00:51] Planner Stockdill (probable): And the two bylaws 119, 120 are attached.

[2:00:57] Planner Stockdill (probable): And the South Pender LTC,

[2:01:01] Planner Stockdill (probable): their temporary use guidelines are actually based

[2:01:03] Planner Stockdill (probable): on the North Pender's proposed guidelines.

[2:01:08] Planner Stockdill (probable): They were hoping to have some consistency

[2:01:11] Planner Stockdill (probable): between the two temporary use permit sections.

[2:01:17] Planner Stockdill (probable): So I know the South Pender are also watching the LTC,

[2:01:21] Planner Stockdill (probable): the North Pender LTC's process and how you,

[2:01:26] Planner Stockdill (probable): what decisions you make on your bylaw number 222.

[2:01:33] Voice 17: Just to use questions, comments.

[2:01:39] Trustee McConchie: What is the business action required of us right now to,

[2:01:42] Trustee McConchie: to i i don't know they i'm not i i find these these particular bylaw referrals um interesting

[2:01:51] Trustee Patrick: i think the key is on page 136 uh do we uh uh do you feel your interests are affected or

[2:01:59] Trustee Patrick: are not affected

[2:02:00] Trustee McConchie: the thing is is we we just had a meeting with them when we told them that

[2:02:05] Trustee McConchie: and now we're i guess we have to formally this

[2:02:07] Planner Stockdill (probable): is the formal process yes

[2:02:08] Trustee McConchie: where they receive your

[2:02:10] Planner Stockdill (probable): your formal referral response with regards to their bylaws 119 and 120.

[2:02:16] Trustee Morrison (probable): Can I ask a quick question on our staff bill? I noticed on 8.2, I don't know, it's on the top

[2:02:27] Trustee Morrison (probable): of page 139, item, oh, I just lost it again. Sorry. I'm having a hard time. Oh, it's the very top item,

[2:02:36] Trustee Morrison (probable): um it has a 200 meter radius from another short term i thought ours was bigger than 200 meters

[2:02:43] Trustee Morrison (probable): is ours 200 meters uh

[2:02:46] Planner Stockdill (probable): let's i believe yours is the 200 meters uh there was discussions on um

[2:02:51] Planner Stockdill (probable): we had a discussion on oh

[2:02:53] Trustee Morrison (probable): yeah we had about 500 meters versus 200 meters and

[2:02:56] Planner Stockdill (probable): i believe 100 meters

[2:02:57] Planner Stockdill (probable): and the decision was 200 so the south penders guidelines are based on on what you're moving

[2:03:04] Planner Stockdill (probable): forward with your bylaw 222 okay

[2:03:07] Trustee Morrison (probable): because then i also see something oh that's the about informing

[2:03:10] Trustee Morrison (probable): okay okay that sounds good um i i think that i would go ahead and and maybe just the one comment

[2:03:21] Trustee Morrison (probable): i would want to put on the file that we send back to them because we can send with comments can we

[2:03:26] Trustee Morrison (probable): yes you can i think the one comment i would do is um please see the meetings of today the minutes

[2:03:32] Trustee Morrison (probable): of today's meetings for comments related to changes in our our potential bylaws because

[2:03:39] Trustee Morrison (probable): if they're

[2:03:39] Trustee Morrison (probable): being informed by our bylaws and we change something today i want them to understand

[2:03:43] Trustee Morrison (probable): that is

[2:03:44] Trustee Patrick: this interest unaffected or approval recommended subject two again we're we're

[2:03:52] Trustee McConchie: we're discussing something so self-penders come up with a bylaw proposal they're asking us are

[2:03:57] Trustee McConchie: you guys cool with this we're saying we haven't had the discussion on this on the bylaw 222 yet

[2:04:03] Trustee McConchie: right so i i mean in a way i i like i'm not sure how that conversation is going to unfold so

[2:04:09] Trustee McConchie: i'm not exactly sure how if we should table this until after trustee

[2:04:14] Trustee Patrick: morrison's suggestion was that

[2:04:16] Trustee Patrick: we asked them to to be aware that we you know to read the minutes and be aware that we are going

[2:04:21] Trustee Patrick: to have a discussion and that will be minuted as okay

[2:04:25] Trustee McConchie: that's sure okay because

[2:04:26] Trustee Morrison (probable): i would go for the

[2:04:27] Trustee Morrison (probable): second thing about approval recommended subject to the conditions outlined below and

[2:04:31] Voice 4: one of the

[2:04:32] Voice 4: conditions

[2:04:32] Trustee Morrison (probable): be that they look at our minutes about our own conversation about this yeah

[2:04:36] Voice 4: all right

[2:04:37] Trustee Morrison (probable): would you wish to make that motion

[2:04:38] Trustee Patrick: sure

[2:04:40] Trustee Morrison (probable): i make the motion that the north tender local trust committee

[2:04:44] Trustee Morrison (probable): um approve recommended subject to conditions outlined below and that condition is

[2:04:50] Trustee Morrison (probable): and the condition

[2:04:52] Trustee Morrison (probable): being that the south thunder trustees review our minutes related to today

[2:04:58] Trustee Morrison (probable): okay

[2:05:00] Trustee Patrick: is there a second yes

[2:05:03] Trustee McConchie: a second uh

[2:05:04] Trustee Patrick: shannon do you need any clarity nope thank you very much

[2:05:13] Trustee Patrick: uh is there any um discussion i'll call the vote all those in favor and that's carried thank you

[2:05:21] Planner Stockdill (probable): sure patrick um if i may i just want to note that staff have recognized the difficulty

[2:05:26] Planner Stockdill (probable): difficulty of trying to have two separate LTCs work on a similar project and have a similar

[2:05:36] Planner Stockdill (probable): outcome. It's been difficult. This is back and forth process. And so it's certainly a learning

[2:05:43] Planner Stockdill (probable): experience, I think, for staff and also both LTCs as well. Yeah, thanks

[2:05:49] Trustee Morrison (probable): for that note. Thanks for

[2:05:51] Trustee Morrison (probable): that note, Kim, because I think this is the challenge that we're facing and especially on

[2:05:56] Trustee Morrison (probable): the pandora's probably more than other islands because we are connected um that like in planning

[2:06:02] Trustee Morrison (probable): as two separate entities but understanding that we're both impacted by each other that we have to

[2:06:07] Trustee Morrison (probable): start to think a little more creatively about how we're doing that so yeah thanks for your

[2:06:11] Trustee Morrison (probable): patience

[2:06:11] Trustee Patrick: and you'll and you'll also see it very later in the agenda a request from salt spring

[2:06:17] Trustee Patrick: island asking for a meeting across all the southern gulf islands as while we are different

[2:06:22] Trustee Patrick: we're the same tourist that's coming so anyway great thank you and moving on we

[2:06:30] Trustee Patrick: have item 13.1 which is a staff report on our land use bylaw review project and

[2:06:35] Trustee Patrick: I believe that's going to be planner Stockdale yes

[2:06:39] Planner Stockdill (probable): thank you this report is

[2:06:41] Planner Stockdill (probable): to provide further information information on each of the topic areas

[2:06:47] Planner Stockdill (probable): And staff have also provided two recommendations for the LTC to consider.

[2:06:53] Planner Stockdill (probable): So to do a brief summary, in 2020, there were five electronic special meetings that were held by North Pender LTC, one which was in conjunction with the South Pender LTC.

[2:07:05] Planner Stockdill (probable): and on January 15th of this year there was also the sixth electronic meeting

[2:07:13] Planner Stockdill (probable): out and that was in conjunction with the South Pender LTC and the discussions

[2:07:18] Planner Stockdill (probable): were around the maximum floor area and also staff summarized legal non

[2:07:25] Planner Stockdill (probable): conforming questions and those frequently asked questions there was a

[2:07:31] Planner Stockdill (probable): a one-page information sheet that can be found on the project's website. So I encourage everybody

[2:07:37] Planner Stockdill (probable): to take a look at that. So to start the discussion, the staff report starts with the residential floor

[2:07:44] Planner Stockdill (probable): area review, which was the topic of discussion on January 15th. We heard a number of community

[2:07:52] Planner Stockdill (probable): members really express concerns with establishing a maximum floor area, specifically with

[2:08:00] Planner Stockdill (probable): around legal non-conforming status and their ability to rebuild to their prior floor area.

[2:08:09] Planner Stockdill (probable): And as mentioned in that meeting, the LTC could consider, if the LTC decides to establish a

[2:08:16] Planner Stockdill (probable): maximum floor area, the LTC could also consider adding provision to the bylaw that would ensure

[2:08:23] Planner Stockdill (probable): that existing dwelling units could rebuild to their current floor area prior to the newly

[2:08:29] Planner Stockdill (probable): established maximum floor area but this is something that staff encouraged that

[2:08:35] Planner Stockdill (probable): we received legal advice about and that's a recommendation they'll speak to

[2:08:40] Planner Stockdill (probable): and just a bit later on in the staff report if the LTC does want to proceed

[2:08:46] Planner Stockdill (probable): with a limiting floor area one of the options that we even heard from some

[2:08:51] Planner Stockdill (probable): community members expressing their support is a gradual scale and this is

[2:08:58] Planner Stockdill (probable): something that the south pender land use bylaw um and was um it was included in their 2016 lub

[2:09:05] Planner Stockdill (probable): amendments although i should note and as the north pender ltc knows uh the south pender ltc

[2:09:11] Planner Stockdill (probable): is considering um actually decreasing those maximum floor areas um further so this um

[2:09:20] Planner Stockdill (probable): gradual scale um if the ltc decides to move forward with the staff doing a maximum floor area

[2:09:26] Planner Stockdill (probable): that staff do encourage having a similar scale

[2:09:30] Planner Stockdill (probable): that South Pendry uses in terms of the lot size groups.

[2:09:34] Planner Stockdill (probable): And there's five separate groups.

[2:09:36] Planner Stockdill (probable): Those can be found in the staff report.

[2:09:40] Trustee Patrick: Before you move on to the, can we probably,

[2:09:43] Trustee Patrick: and I look to the fellow trustees,

[2:09:44] Trustee Patrick: do you want to discuss each of these items

[2:09:45] Trustee Patrick: as we go through them?

[2:09:47] Trustee Patrick: Because I think that'll be easier than going back.

[2:09:48] Trustee Patrick: So is there any

[2:09:49] Trustee Patrick: further information

[2:09:50] Trustee Patrick: on the residential floor area?

[2:09:52] Planner Stockdill (probable): I do have a few more comments if I may.

[2:09:55] Trustee Patrick: Yes. I

[2:09:56] Planner Stockdill (probable): have also included in the staff report a chart outlining the lots that are currently

[2:10:04] Planner Stockdill (probable): vacant. These are rural and rural residential zoned properties. And this is based on the BC

[2:10:13] Planner Stockdill (probable): assessment information in terms of properties that have zero improvement values. So this gives

[2:10:22] Planner Stockdill (probable): the LTC an idea of if there was a LTC does establish a maximum floor area it could potentially

[2:10:30] Planner Stockdill (probable): impact 340 rural residential and rural zone properties. So prior to LTC making a decision

[2:10:40] Planner Stockdill (probable): staff do want to report back on some further analysis based on the numbers we received on

[2:10:47] Planner Stockdill (probable): on the vacant lot numbers.

[2:10:49] Planner Stockdill (probable): Also staff are suggesting looking at the last 10 years

[2:10:54] Planner Stockdill (probable): of building permit data,

[2:10:57] Planner Stockdill (probable): and that would give the LTC an idea

[2:10:59] Planner Stockdill (probable): of how large houses have been built

[2:11:03] Planner Stockdill (probable): within the last 10 years.

[2:11:05] Planner Stockdill (probable): That may help the LTC decide the average,

[2:11:08] Planner Stockdill (probable): the current average floor area of these dwelling units.

[2:11:11] Planner Stockdill (probable): And as I mentioned before,

[2:11:13] Planner Stockdill (probable): receiving a legal opinion on that provision

[2:11:16] Planner Stockdill (probable): that would ensure existing dwelling units

[2:11:19] Planner Stockdill (probable): could be rebuilt to their current floor area.

[2:11:23] Planner Stockdill (probable): That was their original floor area, pardon me.

[2:11:31] Trustee Patrick: Okay, sorry, I was jotting notes down

[2:11:33] Trustee Patrick: of what you were saying so I could remember.

[2:11:36] Trustee Patrick: Trustees, questions and comments?

[2:11:44] Trustee McConchie: So yeah, so that's great.

[2:11:46] Trustee McConchie: Thank you very much, Planner Stockdale.

[2:11:49] Trustee McConchie: I just wanted to, I'm wondering if you're able

[2:11:52] Trustee McConchie: to make this particular report you've written

[2:11:54] Trustee McConchie: as a separate um uh file on the website so i can share it with folks uh because it answers a lot

[2:12:03] Trustee McConchie: of questions and you did a really great job of articulating some of the concerns of islanders

[2:12:08] Trustee McConchie: particularly that ratio graph um that'd be great to even get that uh as a um gif or a jpeg file

[2:12:18] Trustee McConchie: that i can post uh to explain the current uh the south pender lub um i'm curious to know

[2:12:27] Trustee McConchie: in your analysis i don't recall seeing it was the discussion of the eight uh special agricultural

[2:12:35] Trustee McConchie: planning commission's discussion about turning magic lake into a special zoning um and i'm

[2:12:43] Trustee McConchie: wondering if that's because you're you need to write a report first about what the aapc did

[2:12:48] Trustee McConchie: because that's procedurally what we do kind of thing

[2:12:50] Planner Stockdill (probable): you've got it yeah it's the latter and

[2:12:53] Planner Stockdill (probable): that's what we're going to speak i did make a note of that when we get to the point of the

[2:12:58] Planner Stockdill (probable): agricultural agricultural review is in fact staff going through the and we can speak about in just a

[2:13:05] Planner Stockdill (probable): bit but going through that report that we received from the special abc pulling out all those 23

[2:13:09] Planner Stockdill (probable): recommendations and staff summarizing them to determine if it's within scope of the project

[2:13:14] Planner Stockdill (probable): or not in scope and that is one of the items that we'd be discussing is the um the rural

[2:13:19] Planner Stockdill (probable): residential rule in terms of uh the recommendations in that report yeah

[2:13:24] Trustee McConchie: great yeah because one thing

[2:13:26] Trustee McConchie: that i want to really make clear to anybody who's listening or watching is uh the idea of making one

[2:13:33] Trustee McConchie: size and then applying it to the whole island is just not logical and not something that this i

[2:13:38] Trustee McConchie: I don't believe this LTC would consider. So, um, yeah,

[2:13:43] Trustee McConchie: this you have done a good job of a very good job of explaining planter stock

[2:13:46] Trustee McConchie: deal. Um, the, uh, all the concerns of the Islanders.

[2:13:49] Trustee McConchie: I just wanted to note that for the, for the record.

[2:13:52] Trustee McConchie: And that's all the questions I had regarding this so far.

[2:13:55] Trustee Morrison (probable): I'd like to put the first recommendation on, uh,

[2:13:59] Trustee Morrison (probable): like make a motion for the first recommendation because I, I,

[2:14:03] Trustee Morrison (probable): so I'm going to do that and then we can speak to it.

[2:14:05] Trustee Morrison (probable): So I move that the North Pender Island Local Trust Committee request staff to report back

[2:14:10] Trustee Morrison (probable): with the information regarding the residential floor area review outlined in the staff report

[2:14:14] Trustee Morrison (probable): dated January 28th, 2021.

[2:14:18] Trustee Morrison (probable): Is there a second?

[2:14:19] Trustee McConchie: I'll second that.

[2:14:20] Trustee McConchie: Yep.

[2:14:21] Trustee Morrison (probable): Any discussion?

[2:14:23] Trustee Morrison (probable): Yeah.

[2:14:23] Trustee Morrison (probable): So I just want to say that I think this is a great report and having some clear recommendations

[2:14:29] Trustee Morrison (probable): on next steps, which way to go and taking into account as you do that, which is probably

[2:14:35] Trustee Morrison (probable): going to come next but like pulling out the relevant things from that agricultural land

[2:14:39] Trustee Morrison (probable): report into the conversation where it needs to sit so for decision making purposes would be really

[2:14:44] Trustee Morrison (probable): helpful um and um i know that you have heard many of the points that were brought up so things that

[2:14:51] Trustee Morrison (probable): are coming into play like ben saying like a more nuanced way of thinking about where

[2:14:56] Trustee Morrison (probable): we apply different house sizes and why um is going to be really helpful and um that's sort

[2:15:02] Trustee Morrison (probable): of scaled version of house size and what grounds we're making that that absolute maximum on will

[2:15:11] Trustee Morrison (probable): be helpful to kind of name because there's a couple things that were raised at the joint meeting with

[2:15:15] Trustee Morrison (probable): south pender about like you know like the statistics you're talking about of like what is

[2:15:19] Trustee Morrison (probable): the average sort of house build um in canada and bc like it's really in keeping to use particular

[2:15:26] Trustee Morrison (probable): numbers um and it's again not saying that you can't but you can have some clear language for

[2:15:31] Trustee Morrison (probable): why we might want to vary why we might allow variances specifically um in the language because

[2:15:39] Trustee Morrison (probable): that came up i heard that quite clearly from community members like have a clear designation

[2:15:43] Trustee Morrison (probable): of variance in our land our residential housing bylaw so it's really obvious for people applying

[2:15:49] Trustee Morrison (probable): for a variance that these are the reasons why we would vary um

[2:15:54] Trustee Patrick: i went back and reread um the 2010

[2:15:58] Trustee Patrick: 10 islands trust housing toolkit for affordable housing because i just because i knew it had

[2:16:04] Trustee Patrick: residential floor area in there and one of the things it brought up was this opportunity to

[2:16:10] Trustee Patrick: either wave or vary the the um the size in exchange for something either like energy efficiency or

[2:16:20] Trustee Patrick: covenants or protections or or something you know that it widened that range and i guess my question

[2:16:27] Trustee Patrick: to staff would be is that is that within the scope or does that require an OCP change to to be able

[2:16:35] Trustee Patrick: to have those incentives I guess you could say say for or or conditions in which variances could

[2:16:43] Trustee Patrick: be considered yeah

[2:16:45] Planner Stockdill (probable): it's these conditions wouldn't necessarily be something we place in the land use

[2:16:50] Planner Stockdill (probable): bylaw and this is maybe something that Robert can speak on a little bit more and it may be

[2:16:57] Planner Stockdill (probable): be something that we have in the OCP or perhaps it could be a standing resolution of some sort

[2:17:03] Planner Stockdill (probable): but again going back to variances when an LTC considers a variance it's essentially an approve

[2:17:12] Planner Stockdill (probable): or not approve that we couldn't necessarily have any conditions attached to the approval

[2:17:17] Planner Stockdill (probable): so the applicant would have to ensure that they have whatever these conditions are in place prior

[2:17:25] Planner Stockdill (probable): prior to the LTC reviewing the application.

[2:17:28] Planner Stockdill (probable): And I'm not sure Robert, if you have an idea

[2:17:31] Planner Stockdill (probable): of how these could potentially,

[2:17:32] Planner Stockdill (probable): these conditions could be addressed through a variance.

[2:17:39] Planner Stockdill (probable): I don't believe we could have anything in a land use bylaw

[2:17:42] Planner Stockdill (probable): that would require these conditions

[2:17:46] Planner Stockdill (probable): prior to a variance being considered by the LTC.

[2:17:50] Voice 12: Oh, you're correct.

[2:17:52] Voice 12: Yeah, if it's the zoning set up in such a way

[2:17:55] Voice 12: that the maximum floor area could be varied like someone can apply for a variance on unique

[2:18:02] Voice 12: circumstances to exceed the maximum floor area then it would be up to the local trust committee to

[2:18:11] Voice 12: hopefully following guidelines that are in the OCP to look at that variance the rationale for

[2:18:22] Voice 12: that variance including what um other provisions the person's proposing to do energy efficiency

[2:18:29] Voice 12: things like that um that would kind of offset the the fact that they're applying for a variance for

[2:18:35] Voice 12: a larger floor area in the first place um

[2:18:41] Trustee McConchie: just while we're discussing the motion um just a

[2:18:44] Trustee McConchie: question about the legal opinion um we we sure are asking for a lot of legal stuff and i'm

[2:18:49] Trustee McConchie: I'm wondering, like, are we got enough money?

[2:18:52] Trustee McConchie: Is that okay?

[2:18:54] Trustee McConchie: I mean, I'm just, what would that entail, I guess, is my question.

[2:18:58] Trustee McConchie: And how involved is this legal opinion?

[2:19:04] Planner Stockdill (probable): Yeah.

[2:19:05] Voice 12: Go ahead, Kim.

[2:19:09] Planner Stockdill (probable): The LTC obviously has a budget for this project.

[2:19:12] Planner Stockdill (probable): And there has been a number, as we know, a number of special meetings.

[2:19:16] Planner Stockdill (probable): meetings and so the we have used a portion of our of the budget for that so we would have to

[2:19:24] Planner Stockdill (probable): take a look to see where we are with the budget generally legal view is a pretty simple process

[2:19:31] Planner Stockdill (probable): staff ask a certain question we get it back usually within a week and I'd imagine that

[2:19:40] Planner Stockdill (probable): there's still room in the budget I'm not sure Robert if you've taken there's

[2:19:43] Voice 12: some room left

[2:19:44] Voice 12: in the budget and you know the fiscal year goes to march 31st and so you had a budget amount for

[2:19:48] Voice 12: this project for this current fiscal year there's some left over and it would be a fairly

[2:19:54] Voice 12: limited legal opinion we'd be asking one one question basically okay

[2:19:58] Trustee McConchie: great all

[2:19:59] Trustee Patrick: right any

[2:20:00] Trustee Patrick: further debate okay so we are just because we've had some conversations and i know a lot of people

[2:20:07] Trustee Patrick: are listening in uh that we are uh i'm going to call the vote that on the motion that the

[2:20:13] Trustee Patrick: the North Pender Local Trust Committee

[2:20:15] Trustee Patrick: request staff to report back with the information

[2:20:17] Trustee Patrick: regarding the residential four-year view outlined

[2:20:20] Trustee Patrick: in the staff report dated today.

[2:20:23] Trustee Patrick: So is there any further debate on that motion?

[2:20:26] Trustee McConchie: No.

[2:20:26] Trustee Patrick: I will call the vote.

[2:20:28] Trustee Patrick: All those in favor?

[2:20:30] Trustee Patrick: So I just want to be clear to the people listening.

[2:20:32] Trustee Patrick: We did not, all we are is asking for further staff report.

[2:20:35] Trustee Patrick: We are not, this is not a proposal or draft.

[2:20:39] Trustee Patrick: It is just more work coming in this direction

[2:20:42] Trustee Patrick: of using this gradual as it's stated in this report okay so the next item I guess was

[2:20:49] Trustee Patrick: conservation subdivision

[2:20:50] Planner Stockdill (probable): so conservation subdivision this was a project that had

[2:20:58] Planner Stockdill (probable): quite a significant work done back in 2000 to 2013 and 2014 by a previous LTC but the project

[2:21:06] Planner Stockdill (probable): did not proceed at that time. But the intent of this current review is to consider implementing

[2:21:13] Planner Stockdill (probable): certain elements of that earlier initiative. It wouldn't be implementing the entire previous

[2:21:20] Planner Stockdill (probable): project. And the North Pender Land Use By-law currently contains aspects of supporting

[2:21:29] Planner Stockdill (probable): according conservation subdivision.

[2:21:31] Planner Stockdill (probable): And those are regulations that enable lot clustering

[2:21:37] Planner Stockdill (probable): through minimal lot size and average lot size.

[2:21:40] Planner Stockdill (probable): Also the development permit area guidelines

[2:21:43] Planner Stockdill (probable): also have subdivision guidelines specific for subdivision

[2:21:49] Planner Stockdill (probable): in terms of protecting sensitive ecosystem.

[2:21:53] Planner Stockdill (probable): system. But again, to implement the entire idea of conservation subdivision, a new DP is

[2:22:02] Planner Stockdill (probable): recommended with the primary purpose of achieving the overall conservation subdivision principles.

[2:22:09] Planner Stockdill (probable): And again, a new DP is out of scope for this project. Again, another option is rezoning and

[2:22:17] Planner Stockdill (probable): and redesignating in the OCP the specific larger parcels

[2:22:22] Planner Stockdill (probable): to pre-zone areas for clustering lots

[2:22:24] Planner Stockdill (probable): and to create a separate zone for larger remainder lots.

[2:22:29] Planner Stockdill (probable): This would also help achieve

[2:22:30] Planner Stockdill (probable): conservation subdivision principles.

[2:22:32] Planner Stockdill (probable): But again, this is out of scope for this project.

[2:22:37] Planner Stockdill (probable): So it would involve OCP amendments.

[2:22:39] Planner Stockdill (probable): So the staff or the LTC may want to consider

[2:22:43] Planner Stockdill (probable): consider tabling the conservation subdivision section and moving it to a project or move it

[2:22:51] Planner Stockdill (probable): to the project list so it can be revisited as an entire project because it would involve both LUB

[2:23:00] Planner Stockdill (probable): and OCP amendments to really implement the full aspects of conservation subdivision. But there are

[2:23:08] Planner Stockdill (probable): some items that the LTC can consider and those are included in the discussion

[2:23:13] Planner Stockdill (probable): paper that we have provided provided.

[2:23:18] Voice 17: Trustee's questions.

[2:23:21] Trustee McConchie: Trustee Morrison.

[2:23:24] Trustee Morrison (probable): Yeah so I have I have heard extremely mixed community feedback on the

[2:23:31] Trustee Morrison (probable): conservation subdivision from there not from the perspective of we want to

[2:23:37] Trustee Morrison (probable): preserve larger parcels of land there's there's a lot more unanimity on that I think it's a little

[2:23:44] Trustee Morrison (probable): bit more on the method that the conservation subdivision provides and the risk that it might

[2:23:50] Trustee Morrison (probable): provide in the future and I honestly still I'm struggling to understand the nuances of that

[2:23:56] Trustee Morrison (probable): so in the context of this work I would be all for sort of putting that to the side a little bit

[2:24:02] Trustee Morrison (probable): I am a little bit worried about large parcels of land rolling over and would like that to be

[2:24:10] Trustee Morrison (probable): addressed specifically and options of you know down zoning or other things that we could do to

[2:24:15] Trustee Morrison (probable): potentially protect and maybe that is conservation subdivisions but I don't want it to necessarily

[2:24:19] Trustee Morrison (probable): hold up this larger review and I also think that honestly the Douglas fir toolkit is more important

[2:24:28] Trustee Morrison (probable): in some way to get in place so as projects go it's actually second on my internal list of next

[2:24:34] Trustee Morrison (probable): projects um so i wouldn't mind having the conservation subdivision pulled out of this

[2:24:40] Trustee Morrison (probable): effort kim i i do have some questions about like what specific things are still in bounds i'm

[2:24:46] Trustee Morrison (probable): struggling to like locate that because i i can see what's out of bounds but i'm struggling to

[2:24:51] Trustee Morrison (probable): see what's inbound still in this land use bylaw review for this area so

[2:24:56] Planner Stockdill (probable): what's in scope to which

[2:24:58] Planner Stockdill (probable): conservation subdivision so we can go through the options that are included in the discussion paper

[2:25:04] Planner Stockdill (probable): which

[2:25:06] Trustee Morrison (probable): page is that because i'm just yeah

[2:25:08] Planner Stockdill (probable): it is page um it's page five and six in the discussion

[2:25:13] Planner Stockdill (probable): session paper it's at the very end uh with the title options and there are uh looks like

[2:25:23] Planner Stockdill (probable): two major options uh the first is the idea of a density bonus and then the second

[2:25:32] Planner Stockdill (probable): is addressing some of the uh regulatory uh changes in the land use bylaw in terms of

[2:25:39] Planner Stockdill (probable): of road frontage requirements,

[2:25:43] Planner Stockdill (probable): minimum area required for a cottage and also a lot shape.

[2:25:47] Planner Stockdill (probable): So those are some options the LTC can consider.

[2:25:51] Trustee Morrison (probable): Thank you, thank you.

[2:25:52] Trustee Morrison (probable): So those other options I do actually think

[2:25:55] Trustee Morrison (probable): we should keep in and consider.

[2:25:57] Trustee Morrison (probable): I'm not a fan of the density bonus,

[2:26:01] Trustee Morrison (probable): so I would be opposed to that particular issue,

[2:26:03] Trustee Morrison (probable): but all of the other pieces I would really like

[2:26:05] Trustee Morrison (probable): to be able to consider.

[2:26:06] Trustee Morrison (probable): that are okay that's that's great thank you any further questions yeah

[2:26:12] Trustee McConchie: i've just got a question

[2:26:13] Trustee McConchie: i i'm just confused like staff needs to provide clarity to me so you're saying from my understanding

[2:26:20] Trustee McConchie: it was proposed this is something that you should review and now it's not we don't have

[2:26:24] Trustee McConchie: it's out of the scope of the project i can you clarify what's what what changed i'm not quite

[2:26:31] Trustee McConchie: sure what's going on

[2:26:32] Voice 4: you

[2:26:34] Trustee McConchie: know what i mean like we had a community information meeting seemed like a

[2:26:37] Trustee McConchie: good a topic to address and now i'm reading uh the ltc may want to consider removing this topic

[2:26:43] Trustee McConchie: from the land use bylaw review and placing on the projects list i don't i don't understand what

[2:26:46] Trustee McConchie: what yeah

[2:26:47] Planner Stockdill (probable): and again i was i'm jumping into this project midstream so i don't know exactly the

[2:26:53] Planner Stockdill (probable): history of why it was necessarily included but um how the project has evolved over the last few

[2:27:01] Planner Stockdill (probable): months there's certainly topics that have gotten the community are really passionate about and

[2:27:07] Planner Stockdill (probable): seem to be a lot of our focus is focusing on right now the residential floor area certainly

[2:27:14] Planner Stockdill (probable): the agricultural regulation review is going to be something that I would imagine the LTC and

[2:27:20] Planner Stockdill (probable): the community want to spend quite a bit of time on and when we get received comments back from

[2:27:24] Planner Stockdill (probable): the North Pender APC on the industrial regulations and also the technical amendment list there are

[2:27:31] Planner Stockdill (probable): some major items here that the ltc um is going to be making decisions on and so this uh this is

[2:27:39] Planner Stockdill (probable): an opportunity i would say to take something off your list so you can spend more time focusing on

[2:27:45] Planner Stockdill (probable): these these other items based on the fact that the conservation subdivision to really implement

[2:27:50] Planner Stockdill (probable): implement the the full effect of conservation subdivision you need to make amendments to your

[2:27:56] Planner Stockdill (probable): land use bylaw and also your official community plan by potentially adopting a new development

[2:28:03] Planner Stockdill (probable): permit area um so that's my recommendation based on the fact how the project has evolved over the

[2:28:10] Planner Stockdill (probable): last few months again this is up to the ltc on how if they would like to uh keep this portion

[2:28:17] Planner Stockdill (probable): in the project that's certainly your decision oh

[2:28:21] Trustee McConchie: oh go ahead yes sure

[2:28:23] Trustee Patrick: oh i see i'm sorry robert

[2:28:25] Trustee Patrick: which Kojima's just raised the night.

[2:28:27] Voice 12: Yeah, I just add that looking

[2:28:29] Voice 12: at the conservation subdivision issue,

[2:28:34] Voice 12: integral to it is protecting large tracks

[2:28:37] Voice 12: of rural land to a certain extent.

[2:28:39] Voice 12: And that's also intimately connected

[2:28:41] Voice 12: with the Coastal Douglas fir ecosystem initiative.

[2:28:46] Voice 12: The two really tie together and they would make,

[2:28:49] Voice 12: it would make more sense now

[2:28:51] Voice 12: now that the Coastal Ducos for Ecosystems strategic plan item

[2:28:55] Voice 12: is a priority that it makes more sense

[2:28:58] Voice 12: to address the elements

[2:29:02] Voice 12: of the conservation subdivision design along with that,

[2:29:06] Voice 12: rather than kind of do you make some incremental changes

[2:29:08] Voice 12: to the land use by-law.

[2:29:11] Voice 17: And that's a lot

[2:29:12] Voice 17: of the lines I was

[2:29:14] Trustee Patrick: gonna talk about

[2:29:15] Trustee Patrick: because preserving the large track of lands

[2:29:19] Trustee Patrick: that remain on all of our islands

[2:29:20] Trustee Patrick: is of key interest to all of us and um and with you know the the market being as aggressive as it

[2:29:29] Trustee Patrick: is now it is uh it's an important issue and i think as we look at uh and i see what's happened

[2:29:36] Trustee Patrick: on salt spring it's not only a coastal douglas fir it's watershed protection coastal douglas fir

[2:29:40] Trustee Patrick: and how we're intending to develop within those overlapped areas is of highest priority and uh

[2:29:48] Trustee Patrick: And I think that's the same on your island and every island that we have.

[2:29:52] Trustee Patrick: And I think there's an opportunity to sort of look at this in a broader way of what are the tools?

[2:29:57] Trustee Patrick: How can we implement them in a?

[2:30:00] Trustee Patrick: So that we can combine efforts, not duplicate efforts.

[2:30:05] Trustee Patrick: Trustee Morrison.

[2:30:07] Trustee Morrison (probable): Yeah, and we're all saying that we care about large tracts of land.

[2:30:14] Trustee Morrison (probable): And I can probably be quite honest to say that we'll probably all care about nature-based ecosystem, whole ecosystem management.

[2:30:21] Trustee Morrison (probable): That's not really the question on the table.

[2:30:23] Trustee Morrison (probable): The question on the table is we're basically getting advice today that we can't fully

[2:30:28] Trustee Morrison (probable): implement conservation subdivisions without pulling it out as a separate project. That's

[2:30:32] Trustee Morrison (probable): what I'm understanding is the conversation right now. So if that is true because it's an OCP

[2:30:39] Trustee Morrison (probable): amendment and so we have two routes forward as far as I see. We remove conservation subdivision

[2:30:45] Trustee Morrison (probable): from our current the entire sort of like details of the conservation subdivision maybe focus on the

[2:30:52] Trustee Morrison (probable): the other pieces that we can focus on still and we put it on our project list or we make a motion

[2:30:58] Trustee Morrison (probable): to alter the project charter to include OCP amendments and that way we can keep it in but

[2:31:05] Trustee Morrison (probable): what I'm getting what I'm hearing as advice from planner Stockdale is there's a lot on her plate

[2:31:11] Trustee Morrison (probable): and a lot on the like collective plate like in this particular project and but I feel like I'm

[2:31:18] Trustee Morrison (probable): hearing and clarify if i'm wrong robert i feel like i'm also hearing from you that it would be

[2:31:22] Trustee Morrison (probable): helpful to keep it in because then it's more holistic approach to things but in that case

[2:31:27] Trustee Morrison (probable): if we are going to keep it in it feels like we need a project charter amendment so

[2:31:31] Voice 12: if you keep

[2:31:31] Voice 12: it into the this lub review project it was really like you're right it expands the scope of that

[2:31:36] Voice 12: project and that means more time basically is what it comes down to um to look at development

[2:31:42] Voice 12: permit areas to look at and do go back and do some consultation on that do some consultation

[2:31:46] Voice 12: with the landowners or alternately it makes more sense to include those types of changes along with

[2:31:53] Voice 12: the review of the implementation of the groundwater sustainability mapping and also with the douglas

[2:32:01] Voice 12: for coastal coastal douglas for ecosystem initiative so

[2:32:05] Trustee Morrison (probable): i see a new project in our future

[2:32:08] Trustee Morrison (probable): after we do these initial sweep of what we can do here and it might actually be a co-occurring

[2:32:13] Trustee Morrison (probable): project by the time we get our other one that we have our stvr one off our plate that we actually

[2:32:18] Trustee Morrison (probable): instigate a project that is like ecosystem-based planning i don't know what we're going to call it

[2:32:24] Trustee Morrison (probable): but that it would be like the douglas for a toolkit sort of some pieces of the conservation

[2:32:28] Trustee Morrison (probable): like a dpa kind of review related to the clustering of those intersection of water trees and houses

[2:32:36] Voice 12: yep okay exactly okay

[2:32:38] Trustee Morrison (probable): so i feel good about potentially pulling the specific aspect that

[2:32:45] Trustee Morrison (probable): planner stockdale is naming that is dpa related pulling it to sort of the side i'm not going to

[2:32:52] Trustee Morrison (probable): say pulling it off our plate but pulling it to the side for a month or two while we finish what

[2:32:56] Trustee Morrison (probable): we need to do on the stvr project and then pulling it back on more fully with the douglas

[2:33:01] Trustee Morrison (probable): for toolkit and the water project which should have matured to that place okay

[2:33:09] Trustee McConchie: can i are you

[2:33:10] Trustee McConchie: yeah can i add stuff okay it was just kind of a pregnant pause there yeah um i mean okay

[2:33:18] Trustee McConchie: like not that i i like i respect the work of my fellow trustees but my confidence that the

[2:33:24] Trustee McConchie: strategic plan will be implemented and some of the items on the strategic plan will be implemented

[2:33:28] Trustee McConchie: is questionable and that's just based on the historical pattern of trust council having

[2:33:32] Trustee McConchie: right now it has 26 items on the strategic plan and staff have said to me privately that they can

[2:33:38] Trustee McConchie: only really get eight things done why do you have 26 things done i brought this up with our cao

[2:33:43] Trustee McConchie: it's never really been addressed now the other problem i have and you guys have heard this long

[2:33:47] Trustee McConchie: fiddle tune is that i'm hearing that we have a problem and then i'm and we need to resolve it

[2:33:54] Trustee McConchie: the problem being that we there is a there is a potential for subdivisions uh to take large

[2:34:00] Trustee McConchie: large tracts of land to be subdivided on North Pender.

[2:34:04] Trustee McConchie: That's a problem that needs to be resolved, as far as I'm concerned,

[2:34:06] Trustee McConchie: in order to adhere to the preserve and protect mandate.

[2:34:09] Trustee McConchie: What I'm hearing is we don't have the resources or staff time to accomplish these goals.

[2:34:15] Trustee McConchie: Now, I don't know how to reconcile this,

[2:34:20] Trustee McConchie: but it is frustrating when budgets and bureaucracy are impediments

[2:34:28] Trustee McConchie: to solving a problem that needs to be resolved right and i understand that a lot of the blame

[2:34:35] Trustee McConchie: falls in the politicians hands right in the way we've structured this but man it sure really makes

[2:34:42] Trustee McConchie: me feel confident in my beliefs that our our island's governmental structure requires revisiting

[2:34:50] Trustee McConchie: and requires restructuring because we this shouldn't we shouldn't have staff over overworked

[2:34:56] Trustee McConchie: and like we should be able to solve this guys so i'm disappointed that we we're making a decision

[2:35:03] Trustee McConchie: based on the limitations of resources and staff it's just and then i get people come up to me and

[2:35:10] Trustee McConchie: say hey mcconkie what are you doing to stop you know the the overdevelopment and the the

[2:35:14] Trustee McConchie: subdivision and the langfordization of pander island i say well we don't have enough resources

[2:35:20] Trustee McConchie: in time so i'm almost done my rant chair patrick i appreciate it anyways i just wanted to mention

[2:35:24] Trustee McConchie: and that it's very frustrating.

[2:35:27] Trustee Patrick: Well, my comment is we control that direction.

[2:35:31] Trustee Patrick: And if that, the intent of this project,

[2:35:34] Trustee Patrick: if the intent is to stop the large tracks,

[2:35:36] Trustee Patrick: then we have to be clear about that politically.

[2:35:38] Trustee Patrick: And that's not how this project started.

[2:35:42] Trustee Patrick: So those are in our prerogative

[2:35:44] Trustee Patrick: as a political decision to say,

[2:35:46] Trustee Patrick: ooh, this has been great.

[2:35:47] Trustee Patrick: We've learned a lot,

[2:35:48] Trustee Patrick: but now we know this is what we want to do.

[2:35:51] Trustee Patrick: And we could give that direction.

[2:35:52] Trustee Patrick: direction that's the political direction well

[2:35:55] Trustee McConchie: yeah for sure no i appreciate that so we're asking

[2:35:57] Trustee McConchie: we're putting faith in the strategic plan to be implemented is what rather than put it in the

[2:36:02] Trustee McConchie: hands of north pender is that how i'm understanding no

[2:36:05] Trustee Patrick: the strategic plan is just one you know the

[2:36:08] Trustee Patrick: only elements

[2:36:08] Trustee McConchie: for is

[2:36:09] Trustee Patrick: a dpa right

[2:36:12] Trustee McConchie: i see that

[2:36:13] Trustee Patrick: may or may not stop you know the development permit

[2:36:16] Trustee Patrick: doesn't stop something it just it gives guidance material to it so i think it's from a political

[2:36:22] Trustee Patrick: standpoint we have to be clear what is it we want to achieve and then we're looking at how do the

[2:36:27] Trustee Patrick: tools get us to that i see trustee morrison so

[2:36:31] Trustee Morrison (probable): yeah and i'm not really waiting for other people

[2:36:34] Trustee Morrison (probable): to do it as we've been doing a lot of stuff on this island that just counts like um so i i don't

[2:36:42] Trustee Morrison (probable): feel that i would be i would be wanting to wait for that i think what i really want to understand

[2:36:47] Trustee Morrison (probable): is I want to make sure that that we that I still see this as part of our project work right now

[2:36:56] Trustee Morrison (probable): actually because our water sustainability project is one of is our other project and so like if we

[2:37:03] Trustee Morrison (probable): as we think about the implementation component of our water sustainability act if we can move

[2:37:09] Trustee Morrison (probable): the conservation conversation to that bin on our project list that would be helpful because then

[2:37:15] Trustee Morrison (probable): then the DPA pieces that we may implement related to the water sustainability also are taking into

[2:37:21] Trustee Morrison (probable): account DPAs related to conservation subdivision. And I'm hoping that that conversation gets a

[2:37:25] Trustee Morrison (probable): little bit more complex and also has the Douglas for Toolkit. This has nothing to do with Trust

[2:37:30] Trustee Morrison (probable): Council. They're going to do what they do in their strategic plan. But as we implement the guidance

[2:37:34] Trustee Morrison (probable): that we're getting out of the water sustainability, I just want it to include the housing trees and

[2:37:38] Trustee Morrison (probable): water all together. So it will still be dealt with. And actually, it is currently one of our

[2:37:43] Trustee Morrison (probable): our projects so it unfortunately for staff I'm sorry I don't think it lightens the load necessarily

[2:37:48] Trustee Morrison (probable): but it makes it so that we have two sort of fairly hefty projects going on around that yeah and I

[2:37:55] Trustee Patrick: think and I when we have this water project charter discussion in a bit that's exactly the conversation

[2:38:00] Trustee Patrick: I'm going to want to facilitate in the beginning is we need to have that political conversation

[2:38:04] Trustee Patrick: what do we want from this project and we'll do that in a little bit I see a planner and just a

[2:38:10] Planner Stockdill (probable): a quick no and we will get to this when we discuss the top priorities and the projects project but

[2:38:15] Planner Stockdill (probable): the short-term vacation rental project is moving on uh you do have a public hearing and a community

[2:38:22] Planner Stockdill (probable): information meeting scheduled in february so that um project is is kind of moving along and that

[2:38:29] Planner Stockdill (probable): will hopefully open up a spot soon on your top priority list and then you have the opportunity

[2:38:34] Planner Stockdill (probable): to add or move a project up to your top priorities

[2:38:39] Planner Stockdill (probable): to achieve exactly, Trustee McConkie,

[2:38:42] Planner Stockdill (probable): what you're speaking of,

[2:38:43] Planner Stockdill (probable): how do you address these large tracts of land

[2:38:45] Planner Stockdill (probable): and how do we best do that?

[2:38:46] Planner Stockdill (probable): Is it through this land use review project

[2:38:50] Planner Stockdill (probable): or is it perhaps a new project

[2:38:52] Planner Stockdill (probable): where you can create a new DP

[2:38:55] Planner Stockdill (probable): to address the large tracts of land

[2:38:57] Planner Stockdill (probable): and also the coastal Douglick fur protection?

[2:39:00] Planner Stockdill (probable): So there's an opportunity just around the corner.

[2:39:03] Trustee McConchie: Yeah, great.

[2:39:04] Trustee McConchie: I appreciate you taking the time to explain that.

[2:39:06] Trustee McConchie: The political objective is, you know, we're in a trust area.

[2:39:10] Trustee McConchie: This is not suburbia, right?

[2:39:13] Trustee McConchie: Like, what can, let's, the political objective is let's act like a land trust and act accordingly.

[2:39:21] Trustee McConchie: Otherwise, what are we, right?

[2:39:24] Trustee McConchie: So anyways, I'm so thank you.

[2:39:25] Trustee McConchie: I appreciate you listening to my rants.

[2:39:28] Trustee McConchie: Staff, thank you very much.

[2:39:30] Trustee Patrick: So do we need any actions on this?

[2:39:32] Trustee Patrick: i'll look to staff or this conversation's adequate or do we need any actions no

[2:39:37] Planner Stockdill (probable): action okay

[2:39:38] Trustee Patrick: so moving

[2:39:39] Trustee Patrick: on then we have a tourist commercial regulation review uh

[2:39:44] Planner Stockdill (probable): yes so um a letter so in regards to the

[2:39:49] Planner Stockdill (probable): tourist commercial or regulation review a letter will be sent out shortly to all property owners

[2:39:54] Planner Stockdill (probable): and operators um associated with c2 zone plans and we hope their comments will be received by

[2:40:00] Planner Stockdill (probable): the LTC by the end of February. It has come to my attention that one or two of the C2 zoned

[2:40:08] Planner Stockdill (probable): properties have potentially I believe recently been sold or is in the process of being sold

[2:40:14] Planner Stockdill (probable): and those new property owners we'd like to hear their comments on what they're proposing on the

[2:40:20] Planner Stockdill (probable): lands and their comments on the options that the LTC will be considering shortly. So that is the

[2:40:29] Planner Stockdill (probable): the status of the tourist commercial regulation review.

[2:40:33] Voice 17: Oh, go ahead.

[2:40:35] Trustee Morrison (probable): Yeah, sorry.

[2:40:36] Trustee Morrison (probable): So the other concern that I had about

[2:40:39] Trustee Morrison (probable): some of those C2 designations was that there were,

[2:40:46] Trustee Morrison (probable): like particularly the ones up sort of

[2:40:48] Trustee Morrison (probable): by the ferry terminal area up in that sort of region,

[2:40:51] Trustee Morrison (probable): that there is adjacent property owners.

[2:40:55] Trustee Morrison (probable): And I'm assuming that we're getting those comments

[2:40:58] Trustee Morrison (probable): and detailed feedback um through consultation but i'm just wondering if like uh temporary use

[2:41:06] Trustee Morrison (probable): permit uh like this requires notification of those within 100 meter boundary and i i remember we

[2:41:12] Trustee Morrison (probable): discussed briefly some kind of additional notification related to that but i'm just

[2:41:16] Trustee Morrison (probable): wondering where we're at with that or our thinking

[2:41:20] Planner Stockdill (probable): was sorry with the notification of adjacent

[2:41:22] Planner Stockdill (probable): property owners yeah

[2:41:24] Trustee Morrison (probable): just in terms of like making sure we're getting feedback and thoughts from the

[2:41:28] Trustee Morrison (probable): certain people who are most impacted by neighbors they'll

[2:41:31] Planner Stockdill (probable): be included in that letter being sent out

[2:41:33] Planner Stockdill (probable): okay yeah thank

[2:41:35] Trustee Patrick: you i can take myself off any further questions on that

[2:41:44] Trustee Patrick: so go on to the next one marine shoreline regulation review uh

[2:41:49] Planner Stockdill (probable): so the ltc has expressed

[2:41:51] Planner Stockdill (probable): an interest for further information regarding the vertical setback from the sea regulations

[2:41:55] Planner Stockdill (probable): and liveaboard regulations and those will be uh presented at a subsequent ltc meeting if there are

[2:42:02] Planner Stockdill (probable): any additional comments or options that the LTC requires further information on please let staff

[2:42:09] Planner Stockdill (probable): know. We are also waiting to hear back from comments for the letter that was sent out to

[2:42:15] Planner Stockdill (probable): First Nations as well and hopes that we can get early comments from them regarding the marine

[2:42:22] Planner Stockdill (probable): shoreline regulations.

[2:42:25] Trustee Patrick: Any comment or questions

[2:42:26] Trustee Morrison (probable): in this section? Yeah my question here is really

[2:42:30] Trustee Morrison (probable): just related to the additional work that's going on more broadly in the trust around uh possible

[2:42:36] Trustee Morrison (probable): i can't remember how it's been worded cultural heritage mapping i think it is

[2:42:40] Trustee Morrison (probable): um and how that may impact these sort of foreshore areas in particular yeah

[2:42:46] Voice 12: so there's a mapping

[2:42:47] Voice 12: initiative that's what um is proposed for the budget for next fiscal year so there could be

[2:42:55] Voice 12: some you know a mapping product as a result of that i'm not sure what the timeline is but i would

[2:43:00] Voice 12: expect it would would be most of them most of next fiscal year and then as a result of that mapping

[2:43:05] Voice 12: there might be the ability to or options i guess i should say to designate some areas

[2:43:13] Voice 12: as a heritage conservation area and that gives local governments including local trust committees

[2:43:20] Voice 12: powers similar to a development permit area but for the purposes of protecting a heritage

[2:43:25] Voice 12: designation. And then to do work within those areas, a landowner would need to apply for a

[2:43:30] Voice 12: permit. Other changes could be made based on that mapping as well, like actually changes to zoning,

[2:43:38] Voice 12: for example.

[2:43:39] Trustee Morrison (probable): Okay. And I know that DDAs are technically out of this, but I also would love

[2:43:46] Trustee Morrison (probable): to hear, Kim, I would love to hear recommendations on what you think we might want to pursue as

[2:43:52] Trustee Morrison (probable): additional efforts around um marine-based dpas to protect eel grass beds and like more deeply

[2:44:01] Trustee Morrison (probable): like in terms of some of the dpas that i know we could do around like carbon emissions or

[2:44:06] Trustee Morrison (probable): sequestration efforts potentially like i know there's potential there yeah

[2:44:13] Trustee McConchie: yeah i just have

[2:44:14] Trustee McConchie: a couple quick thoughts here um my first thought is that i'm hoping that this review will solve

[2:44:22] Trustee McConchie: the following problem and i'm wondering if staff um are aware of this so poets cove marina currently

[2:44:27] Trustee McConchie: has a breakwater that i went and i drove around in my boat and it's broken and there's styrofoam

[2:44:33] Trustee McConchie: um you know breaking off into bedwell marina and it gets washed up well it turns so you call the

[2:44:39] Trustee McConchie: coast guard coast guard doesn't deal with that well then you call the the parks canada parks

[2:44:44] Trustee McConchie: canada doesn't answer even though there's styrofoam on the beach uh at beaumont marine park they

[2:44:48] Trustee McConchie: there's no one answering the phone no one gets back to you so then you call the department of

[2:44:53] Trustee McConchie: fisheries and oceans and then they say well we're okay no you might not you don't get a response

[2:44:58] Trustee McConchie: from them so the only response is if there's any environmental issue right with with the current

[2:45:03] Trustee McConchie: docs um and is is if um whether or not we have a uh a ministry of environment letter right so i

[2:45:12] Trustee McConchie: guess what i'm wondering is if we go through these regulations will it do anything if if we

[2:45:19] Trustee McConchie: eventually approve a dock and then the dock can get destroyed and no one's responsible for it

[2:45:24] Trustee McConchie: is that being addressed in the scope of this uh review well

[2:45:29] Voice 12: part of the scope of the review is

[2:45:30] Voice 12: for you the ltc to consider how you want to do you want to continue to allow docks to be an

[2:45:36] Voice 12: outright permitted use around most of north pender or move to a model like south pender where you

[2:45:41] Voice 12: you have to apply for a rezoning because that's when you have the real authority.

[2:45:45] Voice 12: But to address your question about styrofoam, I mean, current modern docks are this, the

[2:45:51] Voice 12: foam is encapsulated, right?

[2:45:53] Voice 12: You don't see modern docks with exposed foam.

[2:45:56] Voice 12: So it's the old, the issue is with the old docks, docks that are breaking up and people

[2:46:01] Voice 12: not maintaining their docks.

[2:46:02] Voice 12: So, you know, unfortunately, there's not a lot that can be done about that.

[2:46:06] Voice 12: that.

[2:46:07] Trustee Morrison (probable): And I've been, I would like to just state clearly that I, for marine health and the issues

[2:46:14] Trustee Morrison (probable): we have had here around, I would personally, and I'm sure somebody's going to email me like 10,000

[2:46:22] Trustee Morrison (probable): emails about this, but I would personally like to see no marine docs around Pender and that you'd

[2:46:27] Trustee Morrison (probable): have to apply specifically for a variance if you wanted one because, or not a variance, whatever it

[2:46:32] Trustee Morrison (probable): it is a rezoning

[2:46:33] Trustee Morrison (probable): application if you wanted one and that would require a lot of community

[2:46:37] Trustee Morrison (probable): consultation and input environment and impact assessments and i just think it would solve some

[2:46:41] Trustee Morrison (probable): of the whale related issues and kelp bed issues that we've been having again and again so i would

[2:46:46] Trustee Morrison (probable): prefer to go that route like force the sort of you know anyway thank

[2:46:53] Trustee Patrick: you good discussion any do we

[2:46:55] Trustee Patrick: need any specific direction planner stockdale or is that conversation that's good for now thank you

[2:47:01] Voice 12: So if we're hearing from the LTC that there seems to be support for looking at amending the marine zoning so that new docks would require rezoning.

[2:47:11] Voice 12: This is the same as in the current South Bender Land Use By-law where existing docks and licenses for docks are zoned for that use so they can be maintained.

[2:47:25] Voice 12: But new docks would require rezoning.

[2:47:28] Trustee McConchie: certainly uh hopefully the executive committee is aware of this issue and can

[2:47:32] Trustee McConchie: write the appropriate ministries to get a appropriate governing body over old docks

[2:47:38] Trustee Patrick: you can you can always ask for a chair you know we can always ask for that direction if we think

[2:47:44] Trustee Patrick: that's advocacy that's that's missing in our in our work and relates you know we we have some

[2:47:50] Trustee Patrick: some bits and i and i know it's probably worth reading some of the resolutions that have come

[2:47:57] Trustee Patrick: out of uh saturn in relationship to uh marine where um i don't know i have to look at robert

[2:48:05] Trustee Patrick: to use the words uh while you know our zoning we have zoning requirements out over uh over

[2:48:11] Trustee Patrick: the surface but i think uh saturn has uh what would be the word inflated themselves to look

[2:48:17] Trustee Patrick: to to make take uh some statements through standing resolutions that are um push the

[2:48:24] Voice 12: possible standing resolutions in support of the southern resident

[2:48:27] Voice 12: killer whale initiative

[2:48:28] Voice 12: correct north bender has as well and galiano and

[2:48:31] Trustee Patrick: i think we

[2:48:32] Trustee Patrick: can you know we can take advocacy in

[2:48:34] Trustee Patrick: different way and also write letters and we can you can do that as we can do that as a local trust

[2:48:38] Trustee Patrick: committee which

[2:48:39] Voice 12: is also what saturn is is in the process of doing is writing writing letters

[2:48:43] Voice 12: specifically to support um southern resident killer whale initiatives yep great so

[2:48:50] Trustee Morrison (probable): yeah so

[2:48:52] Trustee Morrison (probable): actually ben i think that you bring up an important point so first of all i would like to echo what

[2:48:57] Trustee Morrison (probable): you have named um robert and i think that ben just agreed with that we really do i think the

[2:49:03] Trustee Morrison (probable): way that southpander went in terms of their doc um like no docs unless it's a rezoning application

[2:49:08] Trustee Morrison (probable): kind of thing um is a good move i do think that i would like to see a drafted letter maybe so

[2:49:18] Trustee Morrison (probable): around doc maintenance and i don't know exactly what the content would be like in terms of

[2:49:23] Trustee Morrison (probable): of like pushing sort of I don't know even if it's fisheries and oceans or and so I don't know if

[2:49:30] Trustee Morrison (probable): this is a sort of soft ask at the moment but like really what is it that we can advocate related to

[2:49:36] Trustee Morrison (probable): dock maintenance and old docks so that we can actually have better dock care and healthier

[2:49:42] Trustee Morrison (probable): oceans in this area that that's my question in my head and I don't know how to answer that right

[2:49:47] Voice 12: so yeah if you're if you're sort of looking at that you know an advocacy with another agency

[2:49:53] Voice 12: I'd suggest the first thing is to maybe have a conversation with Claire

[2:49:57] Voice 12: about what level of government

[2:50:01] Voice 12: what agency to write for and then maybe bring it back

[2:50:05] Voice 12: to the local trust committee at a future meeting and then ask for a resolution

[2:50:09] Voice 12: to have such a letter prepared and sent

[2:50:14] Voice 12: to the appropriate agency advocating for

[2:50:19] Voice 12: similar to the dead boat kind of issue

[2:50:21] Voice 12: The dock owners have to have some responsibility to maintain their docks and to deal with the effects of their lack of maintenance of their docks.

[2:50:35] Trustee Morrison (probable): Yeah, I do feel like we might need a motion to sort of request guidance from Director

[2:50:41] Trustee Morrison (probable): Frater because there is some internal dynamics in the trust right now where us reaching out

[2:50:47] Trustee Morrison (probable): to a trust as trustee to a staff member is not necessarily encouraged.

[2:50:53] Trustee Morrison (probable): So I'm going to make a motion that the North Pender Island Local Trust Committee request

[2:51:00] Trustee Morrison (probable): request direction from director freighter on the most appropriate way to

[2:51:12] Trustee Morrison (probable): mitigate damage from, or to advocate,

[2:51:15] Voice 12: to advocate

[2:51:16] Trustee Morrison (probable): for related to docks and ocean health.

[2:51:25] Trustee Morrison (probable): Let's just leave it like that.

[2:51:27] Trustee Patrick: Do you want to be specific about styrofoam?

[2:51:30] Voice 12: Dock maintenance.

[2:51:31] Trustee Patrick: Dock maintenance and ocean health.

[2:51:36] Trustee Patrick: I'm going to give Shannon a moment and then you can read that back.

[2:51:41] Voice 7: the north pender island local trust committee requests direction from director freighter on

[2:51:45] Voice 7: the most appropriate way to advocate for dock maintenance and ocean health thank you

[2:51:49] Voice 7: sounds

[2:51:51] Trustee Patrick: good is there a second

[2:51:51] Trustee McConchie: my second any

[2:51:53] Trustee Patrick: discussion on this motion i'll call them a vote all those

[2:51:57] Trustee Patrick: in favor carry um

[2:52:00] Trustee McConchie: just chair patrick before we go on i just like to put my christmas wish list

[2:52:04] Trustee McConchie: that i wish i was lived in the government where i can just take the south pender bylaw

[2:52:09] Trustee McConchie: copy and paste, put it on North Pender,

[2:52:12] Trustee McConchie: take the soils bylaw from Salt Spring,

[2:52:15] Trustee McConchie: put it on North Pender and go for it.

[2:52:19] Trustee McConchie: I wish, I dream of a day when we can just-

[2:52:22] Trustee McConchie: I dream with you.

[2:52:24] Trustee McConchie: Thank you.

[2:52:27] Trustee Patrick: Well, like I said, the Islands Trust Policy Statement,

[2:52:31] Trustee Patrick: we have the power that could be like a regional plan,

[2:52:35] Trustee Patrick: especially on the shoreline protection issues.

[2:52:38] Trustee Patrick: And I know I'm drafting my comments in response to TPC

[2:52:41] Trustee Patrick: and that was an example I used right in it so lobby your fellow trustees to ask the same thing

[2:52:49] Trustee Patrick: okay any other comments on marine shorelines uh that the agricultural regulation amendments

[2:52:57] Trustee Patrick: yes

[2:52:59] Planner Stockdill (probable): we received the report from the special agriculture agricultural advisory committee

[2:53:04] Planner Stockdill (probable): and I want to say thank you very much for that incredible referral it was over 50 pages long

[2:53:12] Planner Stockdill (probable): and includes, I believe, 23 or more recommendations.

[2:53:16] Planner Stockdill (probable): So thank you very much.

[2:53:18] Planner Stockdill (probable): It's posted on the North Pender LUB Review Project webpage

[2:53:23] Planner Stockdill (probable): under Agricultural Regulation Amendments.

[2:53:26] Planner Stockdill (probable): So you can find the special APC report there.

[2:53:30] Planner Stockdill (probable): So staff recommend taking out all those recommendations in the report,

[2:53:35] Planner Stockdill (probable): putting it into a table, as I mentioned before,

[2:53:37] Planner Stockdill (probable): for determining if it's in scope of the project and how to proceed or if it's not in scope and

[2:53:47] Planner Stockdill (probable): or if it's not within the LTC's jurisdiction and staff hope to have this

[2:53:54] Planner Stockdill (probable): chart or table ready to present at the February 25th LTC meeting and there is a recommendation

[2:54:02] Planner Stockdill (probable): recommendation for the LTC to consider on the first page of the staff report. And perhaps the

[2:54:08] Planner Stockdill (probable): special APC could also be invited to that LTC meeting to provide any additional comments

[2:54:14] Planner Stockdill (probable): or answering questions the LTC may have.

[2:54:19] Trustee McConchie: Yeah, I've just got a quick question.

[2:54:21] Trustee McConchie: Just because I get the sense that staff are really fully booked and very busy. I'm just

[2:54:25] Trustee McConchie: wondering, like, do you guys need to write this report? Can we just read the minutes and ascertain

[2:54:30] Trustee McConchie: the, because I read through the minutes, it was very detailed. I'm wondering what else you guys

[2:54:34] Trustee McConchie: can add other than basically telling us something's not in scope.

[2:54:39] Planner Stockdill (probable): Well, if it's, what we can add is

[2:54:41] Planner Stockdill (probable): more so to provide more information on the items that are in scope and how do we deal with this?

[2:54:47] Planner Stockdill (probable): What would the land use bylaw amendments look like?

[2:54:51] Trustee McConchie: I see. So you go through all the recommendations

[2:54:53] Trustee McConchie: and then say, this is okay. And you feel like it's a worthwhile. So we'll receive more information

[2:54:59] Trustee McConchie: as a result of that okay great and

[2:55:01] Planner Stockdill (probable): then the ltc can go through the list say yes yes yes these are

[2:55:04] Planner Stockdill (probable): the items that we'd like to include and then the work is done and then potentially that information

[2:55:09] Planner Stockdill (probable): would go right into then a drop bylaw great

[2:55:12] Trustee McConchie: okay jim

[2:55:15] Voice 17: morrison do you have any questions

[2:55:16] Voice 17: no i think so

[2:55:18] Trustee McConchie: i'd like to we don't

[2:55:19] Trustee Morrison (probable): need to make them

[2:55:20] Trustee McConchie: oh sorry sorry trustee morrison sorry just

[2:55:23] Trustee Morrison (probable): echo the thank you uh for the the agricultural apc great great feedback thank you yeah i

[2:55:31] Trustee McConchie: I, one thing I just wanted to note, if there's some members of the AAPC listening, like I

[2:55:36] Trustee McConchie: showed up at one of the meetings and I don't even, I don't know if like I, and reading

[2:55:41] Trustee McConchie: some of the minutes, I think they thought maybe the, some folks thought this was a private

[2:55:45] Trustee McConchie: discussion.

[2:55:45] Trustee McConchie: Like when you're part of an AAPC, it's public, right?

[2:55:49] Trustee McConchie: And members of the public can attend the meeting.

[2:55:53] Trustee McConchie: So this was a very public thing.

[2:55:55] Trustee McConchie: And I was trying to, you know, say hi and thanks a lot.

[2:56:01] Trustee McConchie: So I just want to echo what you guys have said.

[2:56:04] Trustee McConchie: And thank you so much for taking the time to do it.

[2:56:06] Trustee McConchie: It was a very detailed report.

[2:56:09] Trustee Patrick: No, thank you, Trustee McConkie.

[2:56:10] Trustee Patrick: I think actually, I know I personally try to sit in and listen when our APCs and AAPCs

[2:56:16] Trustee Patrick: are debating because it's just hearing sometimes where people were coming from just helps us

[2:56:22] Trustee Patrick: us as elected officials understand

[2:56:26] Trustee Patrick: and come to a better decision.

[2:56:27] Trustee Patrick: So thank you again for all your work that you do.

[2:56:31] Trustee Patrick: Did you want to make a motion there that?

[2:56:34] Trustee McConchie: Do we need one?

[2:56:35] Trustee McConchie: It just says the comments are gonna be presented

[2:56:37] Trustee McConchie: in the meeting.

[2:56:38] Trustee Patrick: Are you

[2:56:39] Trustee McConchie: gonna make a motion for you guys to write a report?

[2:56:41] Trustee Patrick: No, there's a motion at the top of 143.

[2:56:44] Trustee McConchie: Oh, I'm sorry.

[2:56:45] Trustee McConchie: That one, yeah.

[2:56:46] Trustee Patrick: Yeah,

[2:56:46] Trustee McConchie: I'll make a motion that the North Pinder Island

[2:56:49] Trustee McConchie: local trust community request staff to report back

[2:56:51] Trustee McConchie: with a review of the recommendations made in the special agriculture advisory commission report

[2:56:55] Trustee McConchie: dated january 4th 2021. okay

[2:56:58] Trustee Patrick: all right thank you is there any discussion on this motion

[2:57:02] Trustee Patrick: i'll call the vote all those in favor carried so we'll be honest the industrial regulation review

[2:57:12] Planner Stockdill (probable): at the november north pender ltc meeting the ltc uh put a motion forward to forward the industrial

[2:57:20] Planner Stockdill (probable): Regulation Review discussion paper and also the Minor and Technical Amendments to the North Pender

[2:57:26] Planner Stockdill (probable): APC to review and provide comments on. The deadline for their comments is February 11th,

[2:57:32] Planner Stockdill (probable): so that's coming up in a couple of weeks. I believe the APC has already had one meeting

[2:57:38] Planner Stockdill (probable): and they have scheduled two more. So those comments will be forwarded to the LTC and

[2:57:45] Planner Stockdill (probable): And they'll have them by the end for the February meeting, LTC meeting, pardon me.

[2:57:53] Voice 17: All right.

[2:57:53] Voice 17: Any questions, comments?

[2:57:56] Trustee McConchie: Just have you received response from property owners that are impacted by this review?

[2:58:01] Planner Stockdill (probable): Not yet.

[2:58:01] Planner Stockdill (probable): No.

[2:58:02] Planner Stockdill (probable): No, sorry.

[2:58:03] Trustee McConchie: Yeah.

[2:58:04] Trustee McConchie: Okay.

[2:58:04] Trustee McConchie: So maybe we can talk about communication strategy later on, guys.

[2:58:07] Trustee McConchie: I just, I'm tired of hearing people go, oh, this is a big shock.

[2:58:11] Trustee McConchie: You know, whoa, you're changing things?

[2:58:13] Trustee McConchie: What a shock.

[2:58:14] Trustee McConchie: And I think we need to, as an LTC, just discuss that later.

[2:58:18] Trustee McConchie: so yeah

[2:58:19] Trustee Morrison (probable): I second that the the the other issue related to feedback or not feedback I want to

[2:58:25] Trustee Morrison (probable): kind of name at this point generally is when people are emailing um Trustee McConnachie and

[2:58:31] Trustee Morrison (probable): myself there I've seen a few emails like that come through it's really really helpful if you

[2:58:35] Trustee Morrison (probable): also um email the on our bylaw review page there is an email for um uh the South Islands information

[2:58:44] Trustee Morrison (probable): And I actually think Kim, yours might help.

[2:58:46] Trustee Patrick: Southinfo.

[2:58:48] Trustee Morrison (probable): Southinfo.

[2:58:49] Trustee Morrison (probable): So, and everywhere we can get that email out clearly because we just want to make sure

[2:58:53] Trustee Morrison (probable): that we're not losing comments in our inboxes for like any particular reason and that the

[2:58:58] Trustee Morrison (probable): comments are also getting through to staff.

[2:59:00] Trustee Morrison (probable): Yes.

[2:59:03] Trustee Patrick: Thank you for that reminder.

[2:59:05] Trustee Patrick: Um, okay.

[2:59:06] Trustee Patrick: So minor technical amendments?

[2:59:09] Planner Stockdill (probable): No further comments other than the fact that the APC is reviewing those technical

[2:59:14] Planner Stockdill (probable): amendments and their comments will be received on in mid-february thank you

[2:59:22] Trustee Patrick: very much any questions from trustees on technical amendments is there anything

[2:59:29] Trustee Patrick: else we need to discuss consultation here two

[2:59:31] Planner Stockdill (probable): things I just want to draw

[2:59:33] Planner Stockdill (probable): attention to one one is as mentioned the staff report this idea of a potential

[2:59:40] Planner Stockdill (probable): special meeting not necessarily to not for the focus of providing or collecting more comments

[2:59:48] Planner Stockdill (probable): from the community but allowing the trustees and chair to have a a full discussion on some

[2:59:55] Planner Stockdill (probable): of the topics that as you know within an LTC meeting

[3:00:00] Planner Stockdill (probable): there are other applications and projects and it's hard to find or have enough time to have a

[3:00:04] Planner Stockdill (probable): full discussion so the ltc may want to schedule a special meeting um either february march to

[3:00:12] Planner Stockdill (probable): discuss some of these topics that need that time sure um

[3:00:15] Planner Stockdill (probable): there is an alternative section a um i've

[3:00:20] Planner Stockdill (probable): provided a resolution for the ltc to consider you certainly don't have to do that now you can decide

[3:00:25] Planner Stockdill (probable): at the February February meeting LTC meeting if you needed an additional special meeting you have

[3:00:31] Planner Stockdill (probable): that opportunity to schedule one so that's one thing for the LTC to consider and the second again

[3:00:37] Planner Stockdill (probable): touches on trustee McConkie's concern with communication and as staff we we've I've seen

[3:00:46] Planner Stockdill (probable): that as well there's been some miscommunication or lack of communication on where we are in the

[3:00:54] Planner Stockdill (probable): the process of this project. So what I hope to do is update the project web page at the very top to

[3:01:01] Planner Stockdill (probable): show the status of where we are on the project. I think that would help. Great. I

[3:01:05] Planner Stockdill (probable): also encourage

[3:01:06] Planner Stockdill (probable): community members to subscribe to the North Pender email subscriber and we can potentially send out

[3:01:13] Planner Stockdill (probable): more emails as well or notifications. So I really encourage everybody to sign up for that email

[3:01:20] Planner Stockdill (probable): subscription list there was also a mention of a support for a mail out this was brought

[3:01:25] Planner Stockdill (probable): up at the january 15th a special meeting um as the ltc i would assume is aware that there is

[3:01:32] Planner Stockdill (probable): certainly a cost associated with this and

[3:01:34] Planner Stockdill (probable): also it takes a significant administrative time to

[3:01:37] Planner Stockdill (probable): put together

[3:01:38] Planner Stockdill (probable): a full mail out to all north pender property owners um so if the ltc wanted to move

[3:01:45] Planner Stockdill (probable): forward with this i uh staff suggest doing this when there's a draft bylaw in place

[3:01:50] Planner Stockdill (probable): um so we can um gather comment or send out a mail out so everybody is aware that there's a draft

[3:01:56] Planner Stockdill (probable): bylaw

[3:01:56] Voice 4: so

[3:01:58] Planner Stockdill (probable): those are just the two two items that i wanted to um draw attention to great thanks

[3:02:05] Trustee Morrison (probable): um i would actually like to get the emotion about um starting a process to plan a special meeting

[3:02:12] Trustee Morrison (probable): planning related to some conversation around this if we if if you're if you're wanting to

[3:02:17] Trustee Morrison (probable): do that trustee mcconaghy sure because

[3:02:19] Trustee Morrison (probable): the scheduling that always just takes time and

[3:02:22] Trustee Morrison (probable): so it'd be

[3:02:22] Trustee Morrison (probable): good to just get it underway absolutely um

[3:02:24] Trustee Morrison (probable): i'm um planner satchel do you have an idea of

[3:02:29] Trustee Morrison (probable): like what is the best timing like is march better for you or is it something we just leave open to

[3:02:34] Trustee Morrison (probable): you to try and figure it out based on the schedule as things unfold like yeah

[3:02:38] Planner Stockdill (probable): in terms of um

[3:02:41] Planner Stockdill (probable): Um, receiving information from your APC and where the project will be most likely early

[3:02:49] Planner Stockdill (probable): March would be a good time to schedule that because you'll have the comments from the

[3:02:54] Planner Stockdill (probable): APC in regards to the industrial, uh, review and also comments on the minor and technical

[3:02:59] Planner Stockdill (probable): amendments at the February LTC date.

[3:03:02] Planner Stockdill (probable): You'll also have further information on a couple of the other topics.

[3:03:05] Planner Stockdill (probable): So, um, I think early March would be a good time to schedule that special meeting.

[3:03:11] Planner Stockdill (probable): You can certainly wait and put a motion forward at the February meeting when you have a better idea of exactly which topics you'd like to discuss.

[3:03:21] Planner Stockdill (probable): No,

[3:03:21] Trustee Morrison (probable): I think we need to do it now because one of the things that we struggle with on our timelines here is we want to make sure we hit the Pender Post deadline to also get the notification in that.

[3:03:31] Trustee Morrison (probable): So getting the date scheduled before we have our Pender Post is important.

[3:03:35] Trustee Morrison (probable): So I move that the LTC, what is it?

[3:03:41] Trustee Morrison (probable): The North Pender Local Trust Committee,

[3:03:43] Trustee Morrison (probable): North Pender Island Local Trust Committee

[3:03:45] Trustee Morrison (probable): request staff to schedule a special meeting

[3:03:47] Trustee Morrison (probable): to discuss appropriate land use bylaw topics.

[3:03:54] Trustee Morrison (probable): And then just leave it at that generic confirmation.

[3:03:59] Trustee McConchie: Well, I mean, I'll second it, sure.

[3:04:02] Trustee Patrick: Okay, yes, thank you.

[3:04:03] Trustee Patrick: Is there any discussion?

[3:04:04] Trustee Patrick: I

[3:04:04] Trustee McConchie: just want to make sure, well, I mean,

[3:04:06] Trustee McConchie: I mean, Chair Patrick, you're the one with the nightmare schedule right now.

[3:04:10] Trustee McConchie: I know.

[3:04:11] Trustee McConchie: Are we asking too much of your time?

[3:04:15] Trustee Patrick: No.

[3:04:16] Trustee Patrick: What I encourage is that when we have our community, everything you're trying to talk about with communication strategy and all of that is that we learn from these meetings.

[3:04:27] Trustee Patrick: And that's the purpose of having them.

[3:04:28] Trustee Patrick: And the more that we can design them and make sure the messages are clear as to what we're doing, then it helps.

[3:04:35] Trustee Patrick: And it helps me here.

[3:04:36] Trustee Patrick: it helps you know these are this is important piece of our work okay so is there any further

[3:04:43] Trustee Patrick: discussion yeah plan to stop down uh

[3:04:47] Planner Stockdill (probable): yeah i just wanted to make a point that um in the resolution

[3:04:50] Planner Stockdill (probable): you may want to be as precise as possible that this is about the land use bylaw review project

[3:04:55] Planner Stockdill (probable): just so it's clear uh to community members uh what what the ltc is discussing and i'm not i

[3:05:03] Planner Stockdill (probable): I missed, sorry, the very end there.

[3:05:05] Planner Stockdill (probable): So I just wanted to make sure.

[3:05:06] Trustee Morrison (probable): So the end that I had in my head,

[3:05:09] Trustee Morrison (probable): and I'm not sure if this is what I said out of my mouth,

[3:05:11] Trustee Morrison (probable): was the appropriate land use bylaw review.

[3:05:17] Trustee Morrison (probable): And I don't know how I said it, Shannon.

[3:05:20] Trustee Morrison (probable): You

[3:05:20] Voice 7: said to discuss appropriate land use bylaw topics.

[3:05:24] Trustee Morrison (probable): Okay.

[3:05:25] Voice 7: Maybe

[3:05:25] Trustee Morrison (probable): appropriate land use bylaw review topics

[3:05:27] Trustee Morrison (probable): would be a clarity.

[3:05:30] Trustee Patrick: Is that a friendly amendment, Mr. Seconder?

[3:05:32] Voice 4: Yes.

[3:05:33] Voice 4: that's great

[3:05:34] Trustee Patrick: is there any further discussion on this motion

[3:05:39] Trustee Patrick: no

[3:05:39] Trustee Patrick: I'll call the vote all those in favor

[3:05:43] Voice 4: that's carried

[3:05:44] Trustee Patrick: thank you so much

[3:05:46] Trustee Patrick: is there anything else we need to discuss about the land

[3:05:48] Trustee Patrick: use review project at this time

[3:05:52] Trustee McConchie: other than thanking staff for

[3:05:53] Trustee McConchie: preparing us and working with

[3:05:55] Trustee McConchie: logical solutions on challenging questions from

[3:05:57] Trustee McConchie: trustees

[3:05:59] Trustee Patrick: it's a big project

[3:06:01] Trustee Patrick: lots of things going

[3:06:03] Trustee Patrick: on there so thank you

[3:06:05] Trustee Patrick: okay so this is moving on to 13.2 which is our short-term vacation rental project staff memo

[3:06:11] Trustee Patrick: at one page 148 in the agenda package yeah

[3:06:15] Planner Stockdill (probable): in interest of time i'm going to do a quick summary

[3:06:18] Planner Stockdill (probable): if i may and the ltc if you have further questions please feel free to ask them so

[3:06:22] Planner Stockdill (probable): um this is in regards to the short-term vacation rental project a bylaw was drafted and was given

[3:06:29] Planner Stockdill (probable): first reading back in October of last year at the November meeting the LTC

[3:06:36] Planner Stockdill (probable): requested staff to schedule a community information meeting and a public hearing

[3:06:40] Planner Stockdill (probable): for bylaw number 222. This community information meeting and public hearing

[3:06:45] Planner Stockdill (probable): is scheduled for the next LTC meeting on February 25th. We have received some

[3:06:53] Planner Stockdill (probable): referral comments to date primarily from the CRD and those are included in the

[3:06:57] Planner Stockdill (probable): staff report. Staff have noted some options for the LTC to consider to address those comments

[3:07:06] Planner Stockdill (probable): from the CRD. If the LTC wishes to make any amendments to the bylaw at this point,

[3:07:16] Planner Stockdill (probable): you are able to do that as long as they are not altering any use or increasing density.

[3:07:25] Planner Stockdill (probable): let's see here trying to be as quick as possible but making sure I've included everything so yes

[3:07:31] Planner Stockdill (probable): as I mentioned that the public hearing is scheduled for February 25th and after the public

[3:07:37] Planner Stockdill (probable): hearing at that point the LTC may give a second and third reading to the bylaw and also direction

[3:07:44] Planner Stockdill (probable): to send to the executive committee for approval and there's this is actually just a staff memo

[3:07:53] Planner Stockdill (probable): There's no recommendation at this point

[3:07:55] Planner Stockdill (probable): because the project is moving forward.

[3:07:57] Planner Stockdill (probable): But if the LTC wishes to make any amendments to the bylaw,

[3:08:01] Planner Stockdill (probable): I can certainly draft a motion for you if you'd like.

[3:08:08] Trustee Patrick: Okay.

[3:08:09] Trustee Patrick: Trustees.

[3:08:11] Trustee Patrick: Who's going first?

[3:08:13] Trustee McConchie: Well, Chair Patrick, you never get to go first.

[3:08:14] Trustee McConchie: So why don't

[3:08:15] Trustee Patrick: you go first?

[3:08:15] Trustee Patrick: Oh, you want to hear mine first?

[3:08:16] Trustee Patrick: Okay.

[3:08:17] Trustee Patrick: Absolutely.

[3:08:18] Trustee Patrick: That's

[3:08:18] Trustee McConchie: okay Trustee Morrison.

[3:08:19] Trustee Patrick: Salt Spring doesn't, we don't,

[3:08:21] Trustee Patrick: they're just illegal flat out.

[3:08:23] Trustee Patrick: but i know we need to move to like a tup system or preferably a business license under the crd but

[3:08:29] Trustee Patrick: we'll talk about that later um and i've been reading i've been you know vancouver's and uh

[3:08:36] Trustee Patrick: and uh it seems to it was funny that uh mr sketch had brought up this question about principal

[3:08:41] Trustee Patrick: residents um that is a consistent requirement in these bigger areas like vancouver and so forth

[3:08:47] Trustee Patrick: and i thought well gee is tofino do that too so i checked tofino has a business licensing process

[3:08:52] Trustee Patrick: for short-term vacation rentals and they also limit short that you must be using your principal

[3:08:58] Trustee Patrick: residence is the word they're using and um so i i just find that interesting in a conversation that

[3:09:06] Trustee Patrick: i you know we should have uh that chain you know because people could be purchasing houses in our

[3:09:12] Trustee Patrick: islands as a business um and that they're running it as a business to pay for you know either their

[3:09:19] Trustee Patrick: mortgage or maybe eventual retirement here as opposed to their principal residence using it

[3:09:26] Trustee Patrick: as a short-term vacation rental so it's a it's a big distinction and i know uh uh also the

[3:09:32] Trustee Patrick: you know they're now it's because we're not a a licensing but there's there's significant

[3:09:39] Trustee Patrick: insurance requirements on these properties as well that it is a different form of insurance

[3:09:44] Trustee Patrick: not just to have to run a business and the third is the MRDT registration that's required

[3:09:54] Trustee Patrick: you know and so those are kind of above and beyond but those are just questions for me that

[3:09:58] Trustee Patrick: I'm noticing that are consistently not in our any of our short-term vacation rentals whether it's

[3:10:03] Trustee Patrick: South Pender Salt Springs got nothing so I'm just throwing those out there for comment and maybe

[3:10:11] Trustee Patrick: staff might have some questions or comments.

[3:10:16] Planner Stockdill (probable): I'm sorry go ahead Ron.

[3:10:20] Voice 12: Oh yeah just keep in mind that

[3:10:23] Voice 12: the principal resident there's that whole other category of the vacation rentals that are

[3:10:28] Voice 12: accessory to the principal use of the property like the home-based business type of vacation

[3:10:36] Voice 12: rental and that's that's clearly where the owner or operator is living in the principal dwelling

[3:10:43] Voice 12: welling on the property so there's that aspect of it um for the temporary use permits um

[3:10:52] Voice 12: you know there was draft the potential new guidelines were drafted um with the intent

[3:10:59] Voice 12: i guess that um there'd be a connection between the owner of the property and the community that

[3:11:08] Voice 12: that they use that property to some level

[3:11:12] Voice 12: and that tie or that use of the property

[3:11:17] Voice 12: is be demonstrated when they're making the application.

[3:11:21] Voice 12: So the applicant indicates in their application

[3:11:24] Voice 12: or the supporting material that they use the property

[3:11:29] Voice 12: for several weeks in the summer.

[3:11:30] Voice 12: And that's also the intent of the guideline provisions

[3:11:36] Voice 12: visions that the property be you know rented for some portion only of the high season months not

[3:11:45] Voice 12: from May long weekend to the Labor Day weekend entirely so that was the intent of the guidelines

[3:11:53] Voice 12: as they're currently drafted so that's just kind of the context or background of where we got how

[3:11:57] Voice 12: where we got to where we are today yeah

[3:12:00] Trustee Morrison (probable): thanks for that reminder Robert because I think that

[3:12:04] Trustee Morrison (probable): that aspect of the fact that there's a different sort of pathway for people

[3:12:08] Trustee Morrison (probable): who live in the building to be doing STVR is something that we can't forget.

[3:12:14] Trustee Morrison (probable): I regularly like lose that thread and have to like regain it when we're

[3:12:18] Trustee Morrison (probable): talking about this. So this is really about if you are not a permanent resident,

[3:12:23] Trustee Morrison (probable): what is the situation related to STVR?

[3:12:26] Trustee Morrison (probable): And so obviously there's the large question,

[3:12:30] Trustee Morrison (probable): do we want them at all? Like in that context and, you know,

[3:12:34] Trustee Morrison (probable): know I think we've come to the point I guess we've come to the point where it's like there is this

[3:12:39] Trustee Morrison (probable): transitioning community that have either been here for a long time regularly some are here

[3:12:46] Trustee Morrison (probable): are like maybe moving into this context and this is kind of the space that they occupy um I see

[3:12:55] Trustee Morrison (probable): that Warren Dingman is here I think I have a question for him related to that is the language

[3:13:00] Trustee Morrison (probable): around sort of regular connection to pender enforceable like how do we deal with that

[3:13:05] Trustee Morrison (probable): i

[3:13:08] Manager of Bylaw Compliance and Enforcement (probable): don't think you can go beyond what robert has spoke uh spoken about the okay have you

[3:13:14] Manager of Bylaw Compliance and Enforcement (probable): established a principle of permitted use the courts have ruled that you can have two residences

[3:13:21] Manager of Bylaw Compliance and Enforcement (probable): so you can't so someone can claim that their second house on pender is also their residence

[3:13:27] Manager of Bylaw Compliance and Enforcement (probable): so if they go there and spend part of the time there and this is a discussion we've had

[3:13:31] Manager of Bylaw Compliance and Enforcement (probable): had previously on enforcement if someone goes to their pender island residence and spends half the

[3:13:37] Manager of Bylaw Compliance and Enforcement (probable): week there and half a week in vancouver then they may have established a principal use on the

[3:13:42] Manager of Bylaw Compliance and Enforcement (probable): property and then they can rent out their lawful cottage if they're in

[3:13:47] Manager of Bylaw Compliance and Enforcement (probable): that situation so i think

[3:13:50] Manager of Bylaw Compliance and Enforcement (probable): it would be difficult to put in language to say okay you must have this connection because then

[3:13:55] Manager of Bylaw Compliance and Enforcement (probable): then you're going into regulating zoning people

[3:13:59] Manager of Bylaw Compliance and Enforcement (probable): and not zoning land in use

[3:14:01] Manager of Bylaw Compliance and Enforcement (probable): and then putting in regulations for land use.

[3:14:11] Trustee McConchie: Are we alive?

[3:14:13] Trustee McConchie: Okay.

[3:14:13] Trustee Patrick: Yeah, sorry, I was napping.

[3:14:15] Trustee McConchie: Yeah, great.

[3:14:16] Trustee McConchie: I know it's kind of, it's a really full agenda,

[3:14:18] Trustee McConchie: but I'm excited about this topic.

[3:14:20] Trustee McConchie: So let's figure out this.

[3:14:22] Trustee McConchie: What are we trying to do?

[3:14:23] Trustee McConchie: I remember Chair Patrick's always,

[3:14:24] Trustee McConchie: you always say that in the meetings,

[3:14:26] Trustee McConchie: Chair Patrick, I always take that advice.

[3:14:27] Trustee McConchie: What are we trying to do here?

[3:14:28] Trustee McConchie: Well, when I try and ride on the ferry in the summertime,

[3:14:31] Trustee McConchie: time i can't often get on the ferry and that's frustrating when i show up an hour before the ferry

[3:14:37] Trustee McConchie: right to go to victoria for example traffic is increasing everyone every local knows right when

[3:14:43] Trustee McConchie: the labor day weekend ends there is a giant sigh of relief on the island because the the amount of

[3:14:50] Trustee McConchie: people that come here in this type of year uh that's in the in the in the good uh summer seasons

[3:14:54] Trustee McConchie: is enormous right so the only power the local trust committee has currently right now uh to

[3:15:01] Trustee McConchie: in to try and like regulate the amount of human beings coming to this island and using our

[3:15:06] Trustee McConchie: resources is through um and and to manage tourism is through this kind of stvr thing as far as i

[3:15:12] Trustee McConchie: understand correct me if i'm wrong of course after i'm done this now what what so what i am seeing

[3:15:19] Trustee McConchie: is a successful um system where people really have their act together and they've written these

[3:15:27] Trustee McConchie: reports that's that they care a lot about their their short-term vacation rental they have contact

[3:15:33] Trustee McConchie: information you know it's it's all thought through even this idea that um water is scarce is not

[3:15:42] Trustee McConchie: you know or water is scarce and people use stvrs use up all the water has not actually been shown

[3:15:47] Trustee McConchie: shown to me at all in the two years of the reviews I've done, like, like the last there's the

[3:15:51] Trustee McConchie: applicant that we're going to discuss after this uses 85 cubic meters of water a year, while the

[3:15:56] Trustee McConchie: average household uses 105 cubic meters of water per year in Canada, right? So I'm not, I'm not

[3:16:01] Trustee McConchie: following that. So but but what we are trying to do is, is and I have to be aware is we're trying

[3:16:08] Trustee McConchie: to make it so people have somewhere to live that are the lifeblood of the economy, right? We don't

[3:16:14] Trustee McConchie: We don't really know how many rentals are on the market. We don't really know where people are living. I know there's lots of people living in trailers and living on boats and I can't find a place to live. Right. So, and the other thing we're trying to do with short term vacation rentals and managing them is we're trying to ensure that the capacity of the island doesn't get overreached.

[3:16:35] Trustee McConchie: Because I'm seeing resort applications.

[3:16:38] Trustee McConchie: I'm seeing another property being sold that's zoned commercial too.

[3:16:42] Trustee McConchie: That's potentially another resort.

[3:16:44] Trustee McConchie: It's like eventually we could wake up and the island is like this resort island, right?

[3:16:49] Trustee McConchie: And that's not what we want.

[3:16:51] Trustee McConchie: So I feel as though the current system we have and this bylaw that's proposed is a very good bylaw,

[3:16:58] Trustee McConchie: except for the following things that I want to reflect and bring to you guys, reflect on.

[3:17:04] Trustee McConchie: So this 200 meter radius thing is, is really given me like middle of a nightmare stuff. The other thing that we're going to hear back from the community on is limiting the number of days in the summertime. Right. And, and we, I want to discuss that.

[3:17:22] Trustee McConchie: And then the last thing is putting a cap, perhaps rather than a radius, putting a cap on the total number of temporary use permits that can be issued in Magic Lake.

[3:17:35] Trustee McConchie: And then as a separate section, how many temporary use permits can be issued outside of Magic Lake, right?

[3:17:42] Trustee McConchie: Because the radius thing is complicated because let's say, you know, someone, you know, it becomes a hot commodity in a particular area.

[3:17:50] Trustee McConchie: if you know like and they and say someone removes themselves and then temporary use permit becomes

[3:17:55] Trustee McConchie: available you can only apply within that radius right if i'm understanding correctly so it's it's

[3:18:00] Trustee McConchie: really problematic it's tricky the other thing is i'm still i still haven't made my mind up about

[3:18:05] Trustee McConchie: is um allowing people to uh rent out their basement suite uh as a short-term vacation rental

[3:18:11] Trustee McConchie: right i i really don't i agree i don't want to take away affordable housing stock but i'm not

[3:18:16] Trustee McConchie: getting any feedback i have no way to prove this i have no way to prove that people are building

[3:18:21] Trustee McConchie: basement suites for long-term rentals i know we've only had one issued by the building department

[3:18:26] Trustee McConchie: according to chris watson right and and they're using it as a as a long-term rental that's great

[3:18:31] Trustee McConchie: right it's part of a property sale that's the only one i know of so there's just so many unknowns

[3:18:36] Trustee McConchie: plus covid's happening right now and it's like we're we're asked to predict what could happen

[3:18:41] Trustee McConchie: in a post-covid economy to our tourism industry it's this is a really challenging issue but i did

[3:18:46] Trustee McConchie: want to bring up those points which is the radius the basement suite and the uh number of days those

[3:18:53] Trustee McConchie: seem to be the three kind of the the potatoes of the of the of the of the bylaw two two two

[3:19:00] Trustee McConchie: i'm not sure anyways those are my comments i just wanted to make

[3:19:03] Trustee Morrison (probable): yeah mr morrison yeah can i take

[3:19:06] Trustee Morrison (probable): I'm going to take the hardest one last. So the basement suite one first. So from the perspective

[3:19:15] Trustee Morrison (probable): of basement suite, I actually think, or secondary suite, I think that secondary suites should not

[3:19:21] Trustee Morrison (probable): be in this. And I think the reasoning is, I can understand, like the one we're looking at today,

[3:19:28] Trustee Morrison (probable): if you have a house and you have this relationship with the island and you're coming and going,

[3:19:32] Trustee Morrison (probable): that you don't want to rent out your whole house because you want access to your house,

[3:19:35] Trustee Morrison (probable): right so i understand that um i don't and it's not like i would so if i had that situation if

[3:19:44] Trustee Morrison (probable): i was coming going i wouldn't want to rent my house long term because i want access to my house

[3:19:49] Trustee Morrison (probable): right um and so my house is actually not part of the rental stock no matter what if i rented it or

[3:19:55] Trustee Morrison (probable): not so in that situation i feel like it's not inhibiting our rental stock on the island

[3:19:59] Trustee Morrison (probable): secondary suites potentially has a totally different impact in the long run because

[3:20:04] Trustee Morrison (probable): Because secondary suites, you are not living in that secondary suite as the owner of the house.

[3:20:08] Trustee Morrison (probable): It is housing stock.

[3:20:09] Trustee Morrison (probable): And I don't want that kind of like secondary suites were intentionally, I think, for housing stock related issues.

[3:20:17] Trustee McConchie: Okay.

[3:20:17] Trustee McConchie: Well, you know, Trustee Morrison, can we just make some business then?

[3:20:20] Trustee McConchie: Can I make a motion to remove 6.4.18 from the proposed bylaw 222, which is an application for a short-term vacation rental.

[3:20:31] Trustee McConchie: Temporary use permit should not be considered as a dwelling.

[3:20:33] Trustee McConchie: Oh, wait, sorry.

[3:20:34] Trustee McConchie: uh uh sorry 6.4.17 excuse me sorry about that that temporary use permit may be issued for a

[3:20:42] Trustee McConchie: short-term vacation rental within a secondary suite yeah i can

[3:20:45] Trustee McConchie: remove that from the bylaw for

[3:20:47] Trustee McConchie: now all

[3:20:48] Trustee Patrick: right so that's seconded by trustee morrison uh shannon can you confirm do you like

[3:20:54] Voice 7: the um would you like to be referred to by number or to have the quote of of the text that's being

[3:21:02] Voice 7: removed in the in the motion i think whole

[3:21:06] Trustee McConchie: text i guess staff

[3:21:07] Trustee Patrick: do you need the whole text or just

[3:21:09] Trustee Patrick: the number um

[3:21:11] Voice 12: number's fine for us but uh for someone reading the minutes it might make

[3:21:15] Voice 7: sense

[3:21:16] Voice 12: if you if you at least refer to what it is sure

[3:21:20] Voice 7: so ben could you read it again i'd

[3:21:22] Trustee McConchie: like to make

[3:21:23] Trustee McConchie: a motion that the local trust committee remove section 6.4.17 a temporary use permit may be

[3:21:32] Trustee McConchie: issued for a short-term vacation rental within a secondary suite from the um uh from bylaw to

[3:21:41] Trustee McConchie: to to give

[3:21:47] Trustee Patrick: shannon a moment that is the second in motion

[3:22:11] Trustee McConchie: kind of

[3:22:12] Trustee Patrick: needs a long moment how are you doing shannon i

[3:22:14] Trustee Morrison (probable): think she's good

[3:22:15] Trustee Morrison (probable): because

[3:22:15] Trustee McConchie: i talk too fast is the that's

[3:22:17] Trustee Morrison (probable): okay it's in the chat editorial

[3:22:20] Trustee McConchie: oh sorry yeah well

[3:22:27] Trustee Patrick: she's uh i'll wait for

[3:22:29] Trustee Patrick: her is there any discussion on just

[3:22:30] Trustee McConchie: briefly just briefly

[3:22:31] Trustee McConchie: to surmise is is that i'm not seeing any applications for stvr tups that involve basement

[3:22:37] Trustee McConchie: suites or secondary suites i'm not getting any correspondence saying yes we need to keep make

[3:22:42] Trustee McConchie: it so tup should be granted in secondary suites therefore we should as indicated by um planner

[3:22:47] Trustee McConchie: Kajima, regional planning manager Kajima, to follow that advice that the intent was

[3:22:55] Trustee McConchie: for affordable housing and to keep it that way.

[3:23:00] Trustee Patrick: All right.

[3:23:00] Trustee Patrick: Shannon, are you ready to read that back?

[3:23:04] Voice 7: That the North Pender Island Local Trust Committee direct that item 6.1417, a temporary use permit

[3:23:12] Voice 7: may be issued for a short-term vacation rental within a secondary suite, be removed from

[3:23:16] Voice 7: proposed bylaw 222.

[3:23:19] Trustee Patrick: Trustees, happy when that motion is read back?

[3:23:22] Trustee Patrick: yes i'm saying yes uh any further discussion on this motion i'll call the vote then all those in

[3:23:28] Trustee Patrick: favor and that's carried um

[3:23:31] Trustee McConchie: if if i can continue can i keep yeah trustee morrison i interrupted

[3:23:36] Trustee McConchie: your train of thought to create that yeah

[3:23:37] Trustee Morrison (probable): let me just go back to

[3:23:38] Trustee Morrison (probable): that and i was trying to remember

[3:23:39] Trustee Morrison (probable): exactly the three points that you had i

[3:23:41] Trustee McConchie: had here was the here was the potatoes so we just dealt

[3:23:44] Trustee McConchie: with secondary suite my second point was the radius first excuse me the first point was about

[3:23:49] Trustee McConchie: the radius and then the second point was about the limiting the amount of days in the summertime

[3:23:52] Trustee McConchie: time okay

[3:23:54] Trustee Morrison (probable): so the number of days i have one other one um a clarification that i'll add after that

[3:23:59] Trustee Morrison (probable): so the radius thing wow i am like i really do think the radius thing is important from the

[3:24:05] Trustee Morrison (probable): perspective of not having anyone neighborhood not feel like a neighborhood um that doesn't of course

[3:24:13] Trustee Morrison (probable): this only controls um stvrs that are not permanent residents stvrs so it doesn't completely solve

[3:24:21] Trustee Morrison (probable): solve that problem. But I am a little bit worried about like a whole area, one little area becoming

[3:24:28] Trustee Morrison (probable): the STVR bill. So that's why I like the radius approach. Having said that, I have no idea how

[3:24:35] Trustee Morrison (probable): to resolve the three that are coming up that are historically in that context, as opposed to just

[3:24:41] Trustee Morrison (probable): wait for one not to want to redo. So I don't know how to handle that in that area. I wonder,

[3:24:47] Trustee McConchie: I wonder, Trustee Morrison, if we should just remove this from By-law 222 and leave it to future LTCs to use their judgment when granting the TUP, that if there's a whole bunch of STVRs in one geographic location, we would hope that the local trust committee use common sense and consider the cumulative impacts of high-density STVRs.

[3:25:15] Trustee Patrick: well i was going to say the language used to be cumulative impacts is that now gone

[3:25:19] Trustee McConchie: or

[3:25:20] Trustee Patrick: is that still there that

[3:25:22] Voice 12: was the intent of the original way it was drafted a few years ago was

[3:25:25] Voice 12: it's up to the ltc to decide when when there's too many in one neighborhood but it's hard it's

[3:25:33] Voice 12: hard right it's hard to yeah but it's

[3:25:35] Voice 12: we've all we've also shown it's also hard to come up with

[3:25:37] Voice 12: of an objective measure by going through this this process

[3:25:40] Planner Stockdill (probable): and there is still a guideline uh 6.4.3

[3:25:44] Planner Stockdill (probable): that if you do end up removing 6.4.4 you've got 6.4.3 that

[3:25:50] Planner Stockdill (probable): states the ltc should consider the

[3:25:52] Planner Stockdill (probable): cumulative effects okay in the

[3:25:53] Planner Stockdill (probable): neighborhood and the island of and the island of all temporary

[3:25:57] Planner Stockdill (probable): use permits issued for short-term vacation rental so that guideline is still in there if you strike

[3:26:01] Planner Stockdill (probable): break out 6.4.4 again 6.4.4 as Robert said was something that you could use as a tool to evaluate

[3:26:08] Planner Stockdill (probable): cumulative impacts yeah

[3:26:11] Trustee McConchie: and and like what what when we first proposed it the 200 meter radius

[3:26:15] Trustee McConchie: it was like well what do you think and that's and I've heard a number of really strong arguments

[3:26:20] Trustee McConchie: from folks really knowledgeable about this stuff who who argue that it's problematic the radius

[3:26:25] Trustee McConchie: like and and that as as uh uh regional planning manager kojima states it it is it's very difficult

[3:26:32] Trustee McConchie: to um implement this it creates issues well it

[3:26:37] Trustee McConchie: is only

[3:26:39] Trustee Patrick: a guideline it's it's to provide guidance

[3:26:41] Trustee Patrick: and i think that's what we were suffering with

[3:26:43] Trustee Patrick: before is the cumulative impacts is this

[3:26:45] Trustee Patrick: term that we're left to just consider each and every time so if we're okay with that that's fine

[3:26:50] Trustee Patrick: the 20 radius was meant to give some direction to that thought process okay

[3:26:58] Trustee McConchie: sorry trustee morrison

[3:26:59] Trustee McConchie: yes

[3:27:00] Trustee Morrison (probable): so so i would suggest we leave it in there because it is should language not must

[3:27:04] Trustee Morrison (probable): um and it is allows us to have some kind of guidance framework for trustees that aren't us

[3:27:11] Trustee Morrison (probable): who like had this whole conversation so i i don't i don't think it's and and we can always

[3:27:16] Trustee Morrison (probable): always remove it after um public comment and review too but but i think that it might be worth

[3:27:23] Trustee Morrison (probable): it to leave it in there for now the

[3:27:25] Trustee McConchie: the reason fair enough the reason i'm i'm concerned about

[3:27:29] Trustee McConchie: that is due to the amount of misinformation that gets spread in the community right now

[3:27:34] Trustee McConchie: and i i'm worried that that folks are going to go did you know the government's trying to tell

[3:27:39] Trustee McConchie: you blah blah blah 200 meter radius and it'd be misinterpreted that's really the main concern i

[3:27:43] Trustee McConchie: I have. I think that's

[3:27:45] Trustee Patrick: a valid, we'll have a community information meeting before the public

[3:27:48] Trustee Patrick: hearing. And I think that's a valid point and something that should be clearly discussed prior

[3:27:53] Trustee Patrick: to the public hearing that, you know, how, how cumulative effects, you know, is left on our plate

[3:27:59] Trustee Patrick: and how this is a guide, you know, a guide to us. Yeah.

[3:28:03] Trustee Morrison (probable): I hear, I hear Ben though. Like it is a

[3:28:05] Trustee Morrison (probable): challenge on this Island. Cause like, love y'all, but sometimes there's terrible communication

[3:28:11] Trustee Morrison (probable): Yeah,

[3:28:12] Trustee McConchie: I guess what I'm wondering is, is the local, are my fellow trustees into this vibe that's going to happen? Because as soon as we start telling STVR folks that they can only use a certain amount of days, for example, in a particular shoulder season, or in a summer season, and this 200 meter radius, these are like, folks are going to be coming at us.

[3:28:37] Trustee McConchie: Do you get what I'm saying? And I'm wondering

[3:28:39] Trustee McConchie: if we need to even bother with that.

[3:28:41] Trustee Patrick: I mean, we are drafting a bylaw.

[3:28:44] Trustee Patrick: This is a draft bylaw that is still subject to public process.

[3:28:48] Trustee Patrick: We have not decided just because, as Trustee Morrison just said, if we can leave this in

[3:28:53] Trustee Patrick: here right now, just because this is in the draft, we have not made a final decision.

[3:28:59] Trustee Patrick: And that's going to be

[3:29:00] Trustee Patrick: after a public hearing.

[3:29:01] Trustee Patrick: So I think the key message is very clear.

[3:29:05] Trustee Patrick: If we ask or make it clear that we want them to provide, if they don't want the 200

[3:29:11] Trustee Patrick: meters what did they think it should be is it a calf do they want you know an x number you know

[3:29:18] Trustee Patrick: yeah

[3:29:18] Trustee McConchie: fair enough trip patrick's i'm sorry i mean to interrupt yeah

[3:29:21] Trustee Patrick: sorry no so i think if we can

[3:29:23] Trustee Patrick: turn around this question to say help us yeah and i

[3:29:29] Trustee Morrison (probable): i guess the other question i have about the day

[3:29:32] Trustee Morrison (probable): thing then to come to the

[3:29:33] Trustee Morrison (probable): day thing so and and i think you're raising an important thing we are we

[3:29:37] Trustee Morrison (probable): do get a lot of conversations whenever we put numbers on the table people like ah you know so

[3:29:41] Trustee Morrison (probable): So I totally understand that.

[3:29:42] Trustee Morrison (probable): But I do think that part of the reason for putting some of these numbers is to provide

[3:29:46] Trustee Morrison (probable): some better guidance for future folks and also for applicants, like to be able to like

[3:29:53] Trustee Morrison (probable): if if they're applying that they understand, like we're not really going to think it's

[3:29:58] Trustee Morrison (probable): super reasonable when you're like right next door.

[3:30:00] Trustee Morrison (probable): to another stvr so like this gives you some guidance on that pros and cons on that um i

[3:30:06] Trustee Morrison (probable): have a little bit of concern about the 30-day thing the way we've written it because if i

[3:30:11] Trustee Morrison (probable): remember correctly warren we had some problems with figuring out how to enforce that right like

[3:30:16] Trustee Morrison (probable): how do we know that people only did 30 days versus not or yeah

[3:30:22] Manager of Bylaw Compliance and Enforcement (probable): i said it's always going to be an

[3:30:24] Manager of Bylaw Compliance and Enforcement (probable): issue with the specific time limits in the activity unless you have a complainant nearby

[3:30:30] Manager of Bylaw Compliance and Enforcement (probable): buyer neighbor who's going to log all this activity yeah you

[3:30:34] Manager of Bylaw Compliance and Enforcement (probable): know you could i guess you

[3:30:35] Manager of Bylaw Compliance and Enforcement (probable): know if you're going to issue permits to certain folks you make them document the activity but

[3:30:41] Manager of Bylaw Compliance and Enforcement (probable): otherwise some other individual has to document this activity and unfortunately bylaw staff aren't

[3:30:46] Manager of Bylaw Compliance and Enforcement (probable): going to be able to do it because they're not always going to be there watching it's got to

[3:30:49] Manager of Bylaw Compliance and Enforcement (probable): be with some close proximity you can log all of that activity on the property

[3:30:54] Trustee Patrick: so i think sorry

[3:30:56] Trustee Patrick: Can I follow up on like, so they're obligated to register and pay the MRDD tax.

[3:31:01] Trustee Patrick: Is that information that could not be used as evidence?

[3:31:07] Manager of Bylaw Compliance and Enforcement (probable): I'm skeptical that it would be, that information would be forwarded to us.

[3:31:12] Manager of Bylaw Compliance and Enforcement (probable): It's probably private information that we may not be able to get access to.

[3:31:16] Manager of Bylaw Compliance and Enforcement (probable): It's not that we can't try, but I'm skeptical that they would forward that private information to us.

[3:31:23] Manager of Bylaw Compliance and Enforcement (probable): however

[3:31:24] Trustee Morrison (probable): we could potentially like it and part of the power of the tup system is that when they go

[3:31:30] Trustee Morrison (probable): for renewal of a tup permit we can require that they provide evidence of like occupancy right

[3:31:36] Trustee Morrison (probable): yeah

[3:31:37] Manager of Bylaw Compliance and Enforcement (probable): they actually especially through airbnb all that's documented you know

[3:31:41] Manager of Bylaw Compliance and Enforcement (probable): that they they have

[3:31:42] Manager of Bylaw Compliance and Enforcement (probable): full records of how often they've rented and for how much all of that stuff which at times

[3:31:47] Manager of Bylaw Compliance and Enforcement (probable): during the investigation of these files folks will forward that willingly and say see i'm

[3:31:52] Manager of Bylaw Compliance and Enforcement (probable): i'm not overusing or whatever here's exactly what i've done here's how i complied after you said

[3:31:57] Manager of Bylaw Compliance and Enforcement (probable): stopped because they could forward all those records because they actually yeah the real

[3:32:01] Voice 12: real power is that the person knows

[3:32:03] Voice 12: they're going to have to come back for a renewal or a second

[3:32:06] Voice 12: permit yeah

[3:32:07] Trustee Morrison (probable): so it's not necessarily in bylaw enforcement it's in renewal where we we have

[3:32:11] Trustee Morrison (probable): power to keep these kinds of numbers in place so from that perspective i think it is helpful to

[3:32:17] Trustee Morrison (probable): limit the number of days because that trustee mcconaughey gets at that issue of like overloading

[3:32:21] Trustee Morrison (probable): us in the summer with like having you know just incredible amounts of people here turning over

[3:32:27] Trustee Morrison (probable): every like three days or something you know so it's different when people come and use their

[3:32:32] Trustee Morrison (probable): cabins because they stay a couple weeks and they're like more parked so I would lobby for

[3:32:37] Trustee Morrison (probable): including the things that that are there so far I do need a piece clarified though because I can

[3:32:45] Trustee Morrison (probable): see just on the permit that we got today that there was a misunderstanding of what the language

[3:32:50] Trustee Morrison (probable): which is it's on the bottom of one page or 153, item 6.4.14.

[3:32:56] Trustee Morrison (probable): A, no B, it says information on noise bylaws,

[3:33:01] Trustee Morrison (probable): water conservation, fire safety,

[3:33:04] Trustee Morrison (probable): and then it goes on to list a bunch of other stuff.

[3:33:06] Trustee Morrison (probable): Fire safety, the applicant today actually did talk

[3:33:09] Trustee Morrison (probable): about fire safety, but they talked about internal

[3:33:12] Trustee Morrison (probable): to the house fire safety, and what we were intending

[3:33:15] Trustee Morrison (probable): by fire safety wasn't internal to the house necessarily,

[3:33:18] Trustee Morrison (probable): it was about wildfire safety um and like fire on the property outside safety so like i think we need

[3:33:26] Trustee Morrison (probable): some suggested language in that fire safety thing to talk about like

[3:33:31] Trustee Morrison (probable): fire in the community safety somehow and i don't know what the language is if somebody can suggest

[3:33:35] Trustee Morrison (probable): that

[3:33:40] Trustee McConchie: uh sure you could put it in the bylaw that says could um make efforts to um follow the

[3:33:50] Trustee McConchie: recommendations from the local fire department yeah

[3:33:54] Trustee Morrison (probable): anyways i'm

[3:33:56] Trustee Morrison (probable): just i'm just that's a good

[3:33:58] Trustee McConchie: point yeah

[3:33:58] Trustee Morrison (probable): because our application today didn't talk anything about outdoor burning in the summer

[3:34:01] Trustee Morrison (probable): didn't you know it's had nothing about that in it i

[3:34:04] Voice 12: think maybe what you're looking for is something

[3:34:06] Voice 12: like an actual guideline that says uh the permit condition should include prohibitions on outside

[3:34:12] Voice 12: outside burning outside fire something like that yeah i kind

[3:34:16] Voice 12: of think that's the way we should go

[3:34:17] Trustee Morrison (probable): but well

[3:34:20] Trustee McConchie: but at the same time also we you know we don't want people to like sometimes people have to

[3:34:26] Trustee McConchie: use their common sense like i mean i i don't know they should like don't put off any fireworks or

[3:34:33] Trustee McConchie: bombs as well i don't

[3:34:35] Trustee Morrison (probable): know like yeah i

[3:34:36] Trustee McConchie: i think in

[3:34:37] Trustee Morrison (probable): the summer here sorry yeah

[3:34:39] Trustee McConchie: no no fair enough

[3:34:40] Trustee McConchie: education with regards to fire uh the fires is very important i agree it should be included in

[3:34:45] Trustee McConchie: their package that they hand to people maybe that's

[3:34:48] Voice 17: that's all yeah

[3:34:49] Trustee McConchie: okay um I'm just wondering

[3:34:50] Trustee McConchie: though like I want to get back to it like a really just back and that's that's more of a detail we

[3:34:55] Trustee McConchie: can sort out so like I want to put a cap on the amount of TUPs we can issue for short-term vacation

[3:35:01] Trustee McConchie: rentals in Magic Lake I don't necessarily and I want that in the bylaw

[3:35:05] Voice 4: I

[3:35:06] Trustee McConchie: don't necessarily think

[3:35:08] Trustee McConchie: the 200 meter radius is a conversation that's that's worthwhile to have anymore because I'm

[3:35:15] Trustee McConchie: not seeing a logical the what i'm seeing excuse me is 6.4.3 addressing that in the bylaw which

[3:35:23] Trustee McConchie: which is the local trust should consider the cumulative effect of effects of the neighborhood

[3:35:29] Trustee McConchie: whereas it's the same thing we're saying here the local trust committee should not approve more than

[3:35:33] Trustee McConchie: one share within a 200 blah blah right it's it's the same thing essentially it's the way i'm reading

[3:35:39] Trustee McConchie: it and it might

[3:35:40] Trustee McConchie: confuse the whole discussion you know well

[3:35:42] Trustee Patrick: my understanding is if you had a cap so

[3:35:44] Trustee Patrick: So if you said there was X allowed in Magic Lake, I think this is saying,

[3:35:49] Trustee Patrick: what if they all ended up in the same cul-de-sac?

[3:35:53] Trustee McConchie: Well, the local trust committee should consider not doing that.

[3:35:57] Trustee McConchie: And hopefully we have competent trustees, I suppose.

[3:36:04] Trustee Morrison (probable): And while I agree with you, Trustee McConaughey,

[3:36:06] Trustee Morrison (probable): somehow we have three in a cul-de-sac.

[3:36:09] Trustee McConchie: Well, it's up to us to have that discussion regarding the application

[3:36:14] Trustee McConchie: on an individual basis.

[3:36:16] Trustee McConchie: I mean, it's up to you guys.

[3:36:18] Trustee McConchie: If you want to send this out to the community, great.

[3:36:20] Trustee McConchie: But like my experience has been past four months,

[3:36:22] Trustee McConchie: it's just been a nightmare for misinformation.

[3:36:24] Trustee McConchie: So just be aware that that could happen

[3:36:27] Trustee McConchie: if we have the bylaw 222 as is.

[3:36:32] Trustee McConchie: Or it could be fantastic

[3:36:33] Trustee McConchie: because our community has great dialogues often as well.

[3:36:40] Trustee Morrison (probable): Yeah, I would like to see a cap too, like honestly.

[3:36:45] Trustee Morrison (probable): And I don't think we have language for a cap in here yet.

[3:36:49] Trustee Morrison (probable): So like for a cap in Magic Lake

[3:36:51] Trustee Morrison (probable): of like total number, because I do think that would be helpful. But I don't know what that

[3:36:59] Trustee Morrison (probable): magical number is. Did we ever run the numbers, Kim, to see how many, given the spacing of

[3:37:06] Trustee Morrison (probable): STVRs across Magic Lake, how many that would warrant?

[3:37:11] Planner Stockdill (probable): Currently, it looks like there are 11. And I can bring that map up.

[3:37:18] Trustee McConchie: Oh, I'm sorry to interrupt.

[3:37:20] Trustee McConchie: Would

[3:37:20] Planner Stockdill (probable): you like me to bring the map up of our current applications? Would that be helpful?

[3:37:24] Planner Stockdill (probable): I have that in my head.

[3:37:26] Trustee McConchie: It's in our agenda package.

[3:37:28] Trustee McConchie: I was wondering, if we want to have a discussion, let's say like 6.4, whatever the number would be, the local trust committee in the Magic Lake area cap the number of temporary use permits to be 20.

[3:37:42] Voice 14: Right.

[3:37:43] Trustee McConchie: And then let's have a discussion on that.

[3:37:50] Trustee McConchie: So here's what I'm about to do.

[3:37:52] Trustee McConchie: I want to, and I hope your cat's okay there, Chair Patrick.

[3:37:57] Trustee McConchie: my cat's bothering me as well. I want to remove the radius. Then I want to change and put in a

[3:38:04] Trustee McConchie: motion for a cap. So I'm wondering if I can proceed with a motion. Is that you're always

[3:38:11] Planner Stockdill (probable): welcome to put a motion on

[3:38:12] Trustee McConchie: the floor. Planner Stockdale.

[3:38:15] Planner Stockdill (probable): Yeah, I just you may want to tie it

[3:38:17] Planner Stockdill (probable): this is helpful wording is we've limit the number of guests to six or properties located within the

[3:38:22] Planner Stockdill (probable): magic lake um estates water system area so that's that's properly mapped if you say the waters um

[3:38:29] Planner Stockdill (probable): sorry magic lake estates well there's no defined area so when you do make a motion you may want to

[3:38:36] Planner Stockdill (probable): use the term magic lake estates water system area because that area is actually mapped okay

[3:38:42] Trustee McConchie: excellent thank you so let's start with the first motion i'd like to make a motion that the local

[3:38:48] Trustee McConchie: trust committee remove 6.4.4 that the local trust committee should not approve more than one short

[3:38:55] Trustee McConchie: term vacation rental temporary use permit within a 200 meter radius from another short term vacation

[3:39:00] Trustee McConchie: rent or rental temporary use permit be removed from bylaw 222.

[3:39:10] Trustee Patrick: all right is there a second

[3:39:15] Trustee Patrick: seconded by trustee morrison so this is just removing this 200 meter radius there's no

[3:39:23] Trustee Patrick: replacement yet um is there a discussion the

[3:39:29] Trustee McConchie: discussion i would say i'm just not confident

[3:39:32] Trustee McConchie: with it i the planners are if i'm understanding correctly this is not implemented anywhere in the

[3:39:38] Trustee McConchie: trust committee area is that correct a radius yeah you're correct no yeah so like this is

[3:39:44] Trustee McConchie: like is there any uh when you guys go to planning school is there any do you guys get trained on

[3:39:50] Trustee McConchie: on radiuses like is this a thing that you guys go to and and let's do the radius thing do you

[3:39:57] Trustee McConchie: understand the question yeah

[3:39:59] Trustee Morrison (probable): i'm not sure that's super yeah

[3:40:02] Voice 12: i mean there's there's certain things

[3:40:04] Voice 12: that have distances from certain other uses but right that's that's kind of where where we started

[3:40:09] Voice 12: from with this this discussion six months ago whenever it started but

[3:40:13] Voice 4: it

[3:40:14] Voice 12: was just to basically

[3:40:15] Voice 12: put something out there so that you like i said earlier it gives you something to start the

[3:40:20] Voice 12: the conversation about is there a more objective way to assess cumulative impacts right

[3:40:25] Trustee McConchie: right so

[3:40:26] Trustee McConchie: uh and that's why i don't believe we need to have this in because we have 6.4.3 which i believe

[3:40:33] Trustee McConchie: covers that in it gives the trust committee hopefully reason to to to think about what

[3:40:41] Trustee McConchie: they're doing before they issue the tup all

[3:40:44] Trustee Morrison (probable): right so i i would speak against removing this piece i'm

[3:40:48] Trustee Morrison (probable): I'm for putting a cap on, but I'm against removing this piece because I don't think it necessarily

[3:40:52] Trustee Morrison (probable): holds us to using this tool, but I do think it helps us provide some guidance for understanding

[3:40:57] Trustee Morrison (probable): what the cumulative effect is. And in the conversation over the last six months, I feel

[3:41:01] Trustee Morrison (probable): like this, we've come to this thinking in the way of like, just providing a little bit more

[3:41:06] Trustee Morrison (probable): substantive vision of what that could be across space. And so I don't think it hurts to keep it

[3:41:14] Trustee Morrison (probable): in here because it's not we're not held to it rigidly but it does provide some language around

[3:41:19] Trustee Morrison (probable): guidance but

[3:41:21] Trustee McConchie: fair enough trustee morrison i'm just saying doesn't that isn't that provided in

[3:41:25] Trustee McConchie: 6.4.3 how is it not

[3:41:27] Trustee Morrison (probable): i think it's too general okay

[3:41:30] Trustee McConchie: then if we're going with the 200 meter radius why

[3:41:33] Trustee McConchie: isn't it 300 meters yeah

[3:41:35] Trustee Morrison (probable): and we looked at maps and actually had a whole conversation around going

[3:41:39] Trustee Morrison (probable): back and forth about different sizes 100 to 500 i think um and like 200 was thought to be a more

[3:41:45] Trustee Morrison (probable): more spatial dispersion of them. So that's why 200. And I totally hear you, Ben, that I think

[3:41:51] Trustee Morrison (probable): we are going to get a lot of comment on it. I'm not discounting the amount

[3:41:54] Trustee Morrison (probable): of email that this is

[3:41:55] Trustee Morrison (probable): going to generate. I just do think it provides some guidance. It's a little bit more objective

[3:42:00] Trustee Morrison (probable): in nature for trustees to think about in the future that we, you know, we've had to work

[3:42:04] Trustee Morrison (probable): through our own process and thinking about this. And I just think it helps provide a little guidance.

[3:42:11] Trustee Patrick: And I can come, I mean, you know, my career was environmental impact assessments and cumulative

[3:42:17] Trustee Patrick: Cumulative impacts was a term that when it first came, it said you had to consider cumulative impacts.

[3:42:21] Trustee Patrick: And at first it wasn't defined.

[3:42:23] Trustee Patrick: And so individuals doing these environmental impacts had to come up with a way.

[3:42:28] Trustee Patrick: Well, eventually they had to define them and get very clear as to what, you know, how to look at cumulative impacts and what that meant and more guidance around it.

[3:42:37] Trustee Patrick: And so I think that's how I would always look at it as cumulative impacts is left to be kind of up in the air.

[3:42:43] Trustee Patrick: and if we can find some mechanism to point us into what that means and a density of them or

[3:42:51] Trustee Patrick: closeness of them was what that came out to be um

[3:42:58] Trustee McConchie: so but does it resolve does this resolve anything

[3:43:03] Trustee McConchie: the radius is what i'm wondering does it solve the main objective of why we're trying to regulate

[3:43:08] Trustee McConchie: stvrs yeah i'm

[3:43:11] Trustee McConchie: not do you understand yep

[3:43:13] Trustee Morrison (probable): so i i think one of the reasons that we're trying to

[3:43:15] Trustee Morrison (probable): regulate STVRs and so we don't have too many neighborhoods taken over by like people who

[3:43:20] Trustee Morrison (probable): aren't living in the communities and this allows us to try and think about not having high density

[3:43:26] Trustee Morrison (probable): areas of STVRs so I do think that's what it's doing is it's helping us try to think about the

[3:43:33] Trustee Morrison (probable): spatial separation of STVRs notwithstanding the fact that we're likely having to vote on one today

[3:43:38] Trustee Morrison (probable): where we might override that principle for any number of reasons but it does provide us some

[3:43:44] Trustee Morrison (probable): fairly clear guidance and more importantly it provides applicants clearer guidance which is

[3:43:50] Trustee Morrison (probable): i think an important aspect um

[3:43:53] Trustee McConchie: it the other thing is it doesn't it addresses it's not clear like it

[3:43:58] Trustee McConchie: addresses magic lake but not the other part of the island right that's the only other concern

[3:44:05] Trustee McConchie: anyways it sounds to me like you you guys are wanting to have the discussion yeah i i respect

[3:44:10] Trustee McConchie: I mean,

[3:44:16] Trustee Patrick: I concur. Magic Lake is where you can have that density of impact because of the closeness of the homes.

[3:44:28] Trustee Patrick: Anyway, any further discussion on this motion?

[3:44:32] Trustee Patrick: Did I need that to be read back? Or can I, Shannon, could you just read that back, please?

[3:44:41] Voice 7: I just think the wording of the piece that you're deleting.

[3:44:48] Voice 7: Oh, I put it in the chat.

[3:44:50] Voice 7: Is that the LSTC should not approve more than extemporary use permits?

[3:44:55] Trustee Morrison (probable): No, it's the one up further 6.4.4.

[3:45:00] Voice 7: Ah, perfect.

[3:45:09] Voice 7: Sorry, the screen doesn't like to be copying.

[3:45:12] Trustee Patrick: Well, she's working on that.

[3:45:13] Trustee Patrick: I note in the chat that Nerissa and William have to leave in seven minutes.

[3:45:17] Trustee Patrick: I don't think that's going to help.

[3:45:20] Trustee Patrick: Can they come back at any certain time?

[3:45:23] Trustee Patrick: Because I think we're going to need more than seven minutes anyway to discuss their item.

[3:45:27] Trustee Patrick: No,

[3:45:27] Voice 12: I was going to do the, um, it's my report on the

[3:45:30] Trustee Patrick: charter. So you're comfortable with that.

[3:45:32] Trustee Patrick: All right. I just wanted to follow up on that. Okay. Shannon, are you ready?

[3:45:35] Voice 7: That the North Pender Island local trust committee direct that item 6.4.4, the local trust committee

[3:45:41] Voice 7: should not include more than one short-term vacation rental temporary use permit within a

[3:45:45] Voice 7: 200 meter radius from another short-term vacation rental temporary use permit be removed from bylaw

[3:45:53] Voice 7: on 2-2-2.

[3:45:56] Voice 17: Okay, was that a correct question to come here?

[3:46:00] Trustee McConchie: Yeah, yeah, for sure.

[3:46:02] Trustee McConchie: Any further discussion?

[3:46:05] Trustee Patrick: So I'm going to call the vote, all those in favor?

[3:46:10] Trustee Patrick: All right, all those opposed?

[3:46:14] Trustee Patrick: That motion is defeated.

[3:46:17] Trustee Patrick: And I think encouraging that

[3:46:19] Trustee Patrick: when we do talk about communications

[3:46:21] Trustee Patrick: that we can prepare the community

[3:46:22] Trustee Patrick: for the community information meeting and public hearing

[3:46:26] Trustee Patrick: that these are draft and um and that you know we we are needing feedback and ideas um is there any

[3:46:36] Trustee Patrick: further discussion on the guidelines yeah

[3:46:39] Trustee McConchie: did you want to address the cap

[3:46:41] Trustee McConchie: do you want to do that trustee more center yeah

[3:46:44] Trustee Morrison (probable): there's a suggested language here from

[3:46:46] Trustee Morrison (probable): planners doctor so that the i make motion that the north pender um island local trust committee

[3:46:52] Trustee Morrison (probable): should not approve okay I think okay I'm going to just say it the way it is here and we'll see

[3:47:00] Trustee Morrison (probable): if we have to amend it slightly should not approve more than 20 temporary use permits for short-term

[3:47:09] Trustee Morrison (probable): vacation rentals located within the magic lake estates water system area is there a second

[3:47:15] Trustee Morrison (probable): a

[3:47:16] Trustee McConchie: second give

[3:47:19] Trustee Patrick: Shannon uh moments to work on that um is there any discussion I think it's

[3:47:26] Trustee Morrison (probable): It's a helpful thing to have a cap that we're shooting for because part of the challenge and I think that we're getting at is how we're communicating clearly to applicants for short-term vacation rentals, like when we're hitting a ceiling and when we're, you know,

[3:47:43] Trustee Morrison (probable): because a spatial only or a more generic statement in terms of like cumulative effects it leaves it

[3:47:50] Trustee Morrison (probable): a little too open and having a clear cap allows people to basically say you know we're just not

[3:47:55] Trustee Morrison (probable): we're not um it allows the planners to kind of push back and say you know we're really not

[3:48:01] Trustee Morrison (probable): considering any more applications because it's so there's too many in this area and i think that's

[3:48:05] Trustee Morrison (probable): helpful yeah

[3:48:07] Trustee McConchie: i'm interested to see the public um input from um you know my my suggestion of 20

[3:48:13] Trustee McConchie: as a cap yeah um

[3:48:15] Trustee McConchie: and uh i think it's uh logical and also it's it's it's actually if we're going

[3:48:20] Trustee McConchie: to treat it the magic lake estates like a like it's a resort right well the average resort has

[3:48:25] Trustee McConchie: about 20 20 units on them so that's where i came up with that number and i think there should be

[3:48:30] Trustee McConchie: a cap on short-term vacation rentals on on a number value uh like that um and i want to hear

[3:48:37] Trustee McConchie: the public input i

[3:48:38] Trustee Patrick: have my one question is so as a home-based business on north pender

[3:48:44] Trustee Patrick: a cottage is considered a short-term vacation rental as a as a permitted use is that can i

[3:48:51] Trustee Patrick: get clarity on that yep

[3:48:55] Voice 12: yep so if you have a house in a cottage and you live in the house

[3:48:59] Voice 12: as your home business you could have a vacation rental in the cottage or vice versa

[3:49:07] Trustee Patrick: I was going to say so North and then Magic Lake is that a are those there's no cottages there's

[3:49:13] Trustee Patrick: lots of Magic

[3:49:14] Voice 12: Lake that can

[3:49:14] Trustee Patrick: have good thank you any further discussion on this motion

[3:49:22] Trustee Patrick: I'll call the vote then all those in favor and that carries any further changes I think that's

[3:49:32] Trustee McConchie: it aren't we sending it out to the public now well

[3:49:34] Trustee Patrick: just community information meeting

[3:49:37] Trustee Patrick: we had

[3:49:38] Trustee Patrick: the referral from the crd is about the is um occupancy permits i believe and

[3:49:47] Trustee Morrison (probable): also just the

[3:49:48] Trustee Morrison (probable): issue for fire um planner stock deal did you need any like motion from us to change the wording on

[3:49:55] Trustee Morrison (probable): that or is there a suggested

[3:49:57] Planner Stockdill (probable): wording for that just

[3:49:58] Planner Stockdill (probable): wanted to confirm if this guideline that's

[3:50:01] Planner Stockdill (probable): in the current proposed bylaw may address it it's 6.4.15i it says that the permit must prohibit

[3:50:11] Planner Stockdill (probable): outdoor fires so it prohibits the outdoor fires but doesn't add any wording about education on say

[3:50:20] Planner Stockdill (probable): wildfires

[3:50:21] Trustee Morrison (probable): oh that's interesting because i didn't see that in the permit this morning that there

[3:50:26] Trustee Morrison (probable): was a prohibit on outdoor fires can

[3:50:28] Voice 10: i did it is in the permit oh

[3:50:31] Trustee Morrison (probable): it is yep oh

[3:50:32] Trustee Morrison (probable): okay so sorry i just

[3:50:34] Trustee Morrison (probable): maybe missed that it was probably because i was looking at their informational packet

[3:50:37] Trustee Morrison (probable): so that's actually an interesting issue so i think there does so if they're prohibiting

[3:50:45] Trustee Morrison (probable): so if it's in the permit but it's not in the package of information that homeowners give to

[3:50:52] Trustee Morrison (probable): their people then it's not communicated to their like so i can put it in my permit but if i don't

[3:50:58] Trustee Morrison (probable): communicate it to the people actually in my house and they go light a fire who's at fault there

[3:51:03] Trustee Morrison (probable): right so so we need to make sure that it is also communicated in the packet that there is a

[3:51:10] Trustee Morrison (probable): prohibition on outdoor fires do you know what i mean so i don't know if that has to be put into

[3:51:17] Trustee Morrison (probable): here or not or if it's just for planners to like make sure that that gets into all of the things

[3:51:22] Trustee Morrison (probable): but the the information packet that stvr owners give to their things has to state the conditions

[3:51:28] Trustee Morrison (probable): of the permit and highlight that fire issue the

[3:51:32] Planner Stockdill (probable): best way to do that is to amend proposed bylaw 222

[3:51:36] Planner Stockdill (probable): because that's what applicants and um planners will refer to so if that is extremely important

[3:51:43] Planner Stockdill (probable): to ensure that they have information about wildfire safety that should be included we can

[3:51:49] Planner Stockdill (probable): can amend 6.4.14b uh to include information on wildfire safety so

[3:51:58] Trustee Morrison (probable): i think what i would like to

[3:51:59] Trustee Morrison (probable): do is have a motion of adding into that list of things that it's information on wildfire safety

[3:52:06] Trustee Morrison (probable): and fire outdoor fire burning like because that's really what it's about in the context of like

[3:52:14] Trustee Morrison (probable): prohibited fire so that they just say something about you can't be outside i've seen it quite

[3:52:18] Trustee Morrison (probable): quite often like it's remarkable how many times I've seen this.

[3:52:23] Trustee Patrick: Okay so can are you was that a

[3:52:26] Trustee Patrick: motion?

[3:52:27] Trustee Morrison (probable): Yeah so I just don't know what the language of the motion quite

[3:52:29] Trustee Patrick: is. It's amending 6.4.14b

[3:52:35] Trustee Patrick: to include.

[3:52:36] Trustee Morrison (probable): I can read back. Thank you Shannon.

[3:52:45] Voice 7: So the North Pender Island Local Trust Committee

[3:52:48] Voice 7: Committee direct to amend 6.4.14b to add information on wildfire safety and outdoor fire burning.

[3:52:57] Trustee Morrison (probable): Thank you.

[3:52:58] Voice 7: Yes, I so move. All

[3:53:01] Trustee Patrick: right, is there a second? Second by Trustee McConkie. Any discussion?

[3:53:06] Trustee Morrison (probable): Nope, just it's important to make everyone on this island aware of burning issues in summer.

[3:53:10] Trustee Patrick: Absolutely. All

[3:53:11] Trustee Morrison (probable): right, I'll call the

[3:53:12] Trustee Patrick: vote then. All those in favor? And that's carried. So I guess

[3:53:16] Trustee Patrick: that just leaves the dwelling uh issue that was raised by crd if you want to address that or not

[3:53:24] Trustee Patrick: and i think well you just removed secondary suites uh i think planner stockdale did give a

[3:53:30] Trustee Patrick: uh a language that on page 149 of the agenda package there was a suggested uh motion if

[3:53:38] Trustee Patrick: that wasn't necessary although it includes secondary suites right

[3:53:49] Trustee Morrison (probable): out to the lane oh

[3:53:50] Trustee Patrick: it's quoted about the center there okay

[3:54:03] Trustee Morrison (probable): no i understand that so basically they're saying

[3:54:05] Trustee Morrison (probable): that you don't want to have people being able to give short-term vacation rental to a building

[3:54:10] Trustee Morrison (probable): that doesn't need building code is what i'm understanding that to mean okay so i move that

[3:54:16] Trustee Morrison (probable): the local trust committee i'll add this language into the chat here shannon that the local trust

[3:54:22] Trustee Morrison (probable): Committee, the North Pender Island Local Trust Committee, add a section 6.19, a short-term

[3:54:35] Trustee Morrison (probable): vacation rental temporary use permit should not be issued in a dwelling or cottage that

[3:54:50] Trustee Morrison (probable): does not have occupancy permit approval.

[3:54:53] Trustee Morrison (probable): and

[3:54:54] Trustee Patrick: that's 6.4.19 yeah

[3:54:57] Trustee Morrison (probable): uh yeah sorry did i say something else all

[3:55:05] Trustee Patrick: right well i let shannon

[3:55:05] Trustee Patrick: catch up with that uh is there a second on that motion yes

[3:55:08] Trustee McConchie: at

[3:55:12] Voice 7: the north pender island local trust

[3:55:14] Voice 7: committee at a section 6.1 sorry 6.4.19 an stvr tup should not be issued in a dwelling or cottage

[3:55:23] Voice 7: that does not have occupancy permit approval and the acronyms won't be used as well yeah

[3:55:30] Voice 7: So

[3:55:32] Trustee McConchie: you can't just build us a random cardboard shack and rent it out as a TUP is what I'm

[3:55:37] Trustee McConchie: understanding. Great. Covered. Check. Excellent.

[3:55:41] Trustee Patrick: Can't use your garden shed in the back as an

[3:55:43] Trustee Patrick: accessory bedroom. Yeah. Right.

[3:55:46] Trustee Patrick: Correct. Is there any further discussion? All right. I'll call the

[3:55:50] Trustee Patrick: vote. All those in favor? Carried. Is there any other changes?

[3:55:58] Trustee McConchie: All we need to do is schedule a

[3:55:59] Trustee McConchie: community information meeting i believe correct look

[3:56:04] Trustee Patrick: to planner cycle yes

[3:56:06] Planner Stockdill (probable): the cim and public

[3:56:07] Planner Stockdill (probable): hearing um we're in the process of scheduling it for the next ltc meeting on february 25th okay

[3:56:13] Trustee Patrick: so we don't need a motion you already did that no we already great i'm just just

[3:56:19] Trustee McConchie: can i just add

[3:56:21] Trustee McConchie: like the what i'm starting to realize like we're an hour four of a meeting

[3:56:25] Voice 4: like we have

[3:56:26] Trustee McConchie: have huge epic meetings now like i know it's our fault staff um but like i yeah i just that's a

[3:56:33] Trustee McConchie: lot on the 25th i'm wondering like yeah anyways we can maybe discuss this later but uh i don't

[3:56:41] Trustee McConchie: know if we need to schedule it for a different time please let me know and i'll make time if that

[3:56:46] Trustee McConchie: makes for a more effective meeting well

[3:56:48] Trustee Patrick: how is everyone doing i know uh uh lunch has been we've

[3:56:52] Trustee Patrick: We've lost staff.

[3:56:53] Trustee Patrick: Not been served.

[3:56:55] Trustee Patrick: Yes, we've lost staff.

[3:56:56] Trustee McConchie: Jump ship.

[3:56:58] Trustee Patrick: Is everyone all right?

[3:56:59] Trustee Patrick: Or do we need to take a break for a little bit here before we carry on?

[3:57:02] Trustee Morrison (probable): Yeah.

[3:57:03] Trustee Morrison (probable): My challenge is that I have a standing work commitment at 1.30.

[3:57:07] Trustee Morrison (probable): Okay.

[3:57:07] Trustee Morrison (probable): So I'm a little bit concerned.

[3:57:09] Trustee Patrick: So you're wanting to pound on through staff.

[3:57:11] Trustee Patrick: Everyone okay?

[3:57:12] Voice 12: Yeah, let's keep going.

[3:57:13] Trustee Patrick: I'm so sorry, Tom.

[3:57:14] Trustee Patrick: I really appreciate it.

[3:57:15] Trustee Patrick: Keep it going.

[3:57:16] Trustee Patrick: So no further business on 13.2 then.

[3:57:20] Trustee Patrick: All right.

[3:57:20] Trustee Patrick: So we'll move on to 13.3.

[3:57:22] Trustee Patrick: the groundwater sustainability project you've

[3:57:24] Voice 12: got the i gotta go back to the hepburn report

[3:57:27] Trustee Patrick: thank you for reminding me so uh yes the 12.2 the temporary use permit 2020.7

[3:57:34] Trustee Patrick: page 77 on the agenda package so

[3:57:39] Trustee McConchie: so can i just jump into it right away

[3:57:43] Trustee McConchie: thank you you may okay

[3:57:45] Trustee McConchie: so a couple concerns is that it doesn't follow the 200 meter radius that's

[3:57:50] Trustee McConchie: being proposed the second the second concern i had with this particular application is parking

[3:57:57] Trustee McConchie: like parking enforcement on the island is a bit random right um and i know people drive

[3:58:03] Trustee McConchie: right so i'm just wondering hey hi jen thank you so much for waiting through our

[3:58:08] Trustee McConchie: endless meeting here um i'm wondering what what measures you're taking to mitigate any

[3:58:13] Trustee McConchie: uh traffic or uh extra cars in the in the neighborhood uh

[3:58:18] Voice 11: yeah that's a great question

[3:58:19] Voice 11: um so i just i i've been listening to your guys's discussion on bylaw 222 um and i know obviously

[3:58:26] Voice 11: given the density this is the biggest point uh in the cul-de-sac so the first point that i'll make

[3:58:32] Voice 11: is that there there's just the two units in in the cul-de-sac with the two ups the third one which

[3:58:37] Voice 11: is in close proximity is on storm crescent i believe is the name so uh it is within that radius

[3:58:44] Voice 11: but the density for for the street traffic is not there um the what we're trying to do and what

[3:58:52] Voice 11: we've been doing for the past two years is is screening our applicants um vetting them my

[3:58:57] Voice 11: mother spends time reviewing them ask for referrals um and we're generally just trying to rent out

[3:59:03] Voice 11: to families or couples um because we have the six person person cap even though we have the space to

[3:59:10] Voice 11: to have four bedrooms.

[3:59:12] Voice 11: We are focusing on keeping it under the six person level,

[3:59:15] Voice 11: which essentially is usually only one vehicle

[3:59:19] Voice 11: coming down the lane.

[3:59:20] Voice 11: We do have the carport, which can hold two cars,

[3:59:23] Voice 11: but yeah, and trying to keep under six people,

[3:59:26] Voice 11: I think we're trying to minimize that cumulative action

[3:59:29] Voice 11: as well in the summer season.

[3:59:33] Voice 11: We have, if we're going to rent,

[3:59:36] Voice 11: there's a minimum seven nights.

[3:59:37] Voice 11: We don't want to have that overlay.

[3:59:39] Voice 11: we don't want to see consistency. We won't rent for less than seven nights during that season,

[3:59:44] Voice 11: just to ensure that we are maintaining our neighborhood and not having that constant

[3:59:50] Voice 11: inflow and influx of people. So those are some of the things that we're trying to

[3:59:55] Voice 11: be cognizant of with our neighbors and just with the island in general.

[4:00:01] Voice 11: Thank you.

[4:00:05] Trustee Morrison (probable): Other comments, questions here?

[4:00:08] Trustee Morrison (probable): Yeah, no, thank you for that.

[4:00:10] Trustee Morrison (probable): And I think this is the place where, you know, when we do look at these guidelines that we're thinking, that we're proposing, like this is the discretionary sort of space that we have to occupy, like given this guidance, given the history of activity for this particular space and the way that you're naming things and like being clear about what the activity is in the space.

[4:00:34] Trustee Morrison (probable): I am not having red flags about this application my red flags would be about like this being used

[4:00:40] Trustee Morrison (probable): as an investment property for somebody that has no connection with the island that has no

[4:00:45] Trustee Morrison (probable): um capacity that is not managing on-street parking that is not necessarily thinking about

[4:00:51] Trustee Morrison (probable): the ferry system or the capacity and and I feel that in this situation that those things are being

[4:00:56] Trustee Morrison (probable): addressed um I would and I think you you heard it earlier I think we talked about this earlier

[4:01:02] Trustee Morrison (probable): i would really stress um modifying your package that you're giving to people to to include fire

[4:01:09] Trustee Morrison (probable): safety related issues like wildfire

[4:01:11] Voice 11: safety issues um yeah for sure we we are on the eco woodland

[4:01:17] Voice 11: system so my mother does speak to all of our potential renters um about the grounds there's

[4:01:23] Voice 11: nowhere for them theoretically to have um any fires and on the way to the house you do pass

[4:01:29] Voice 11: through the fire station with the magic light burning you know in the summer that says level

[4:01:34] Voice 11: three um but definitely it will be added to the package for sure further

[4:01:41] Trustee Patrick: comments yeah just um

[4:01:43] Trustee McConchie: really briefly so i'm i'm still not so the the 200 meter radius if the bylaw went through

[4:01:50] Trustee McConchie: is still this would this particular application we the trustees would then if the bylaw 222 as

[4:01:57] Trustee McConchie: as it is proposed would go through and then what would happen in this

[4:02:02] Trustee McConchie: circumstance in future LTCs, they'd say, well,

[4:02:04] Trustee McConchie: this doesn't work and that it wouldn't approve this, this application.

[4:02:09] Trustee McConchie: Right.

[4:02:10] Trustee Morrison (probable): Not necessarily. So like, and,

[4:02:13] Trustee Morrison (probable): and this is where I think it's about guidance versus about what we choose in a

[4:02:18] Trustee Morrison (probable): particular situation.

[4:02:19] Trustee Morrison (probable): One thing I would like to see Ben on this one is I actually would like us to

[4:02:23] Trustee Morrison (probable): try and think the renewal for all three of these to actually come up like figure out how to get

[4:02:30] Trustee Morrison (probable): them all up at the same time to like think about them together because I'm it's hard from my

[4:02:36] Trustee Morrison (probable): perspective I think it's hard to make a decision on this one when the other ones are already in

[4:02:40] Trustee Morrison (probable): existence so like then do we not do this one because there's already the other ones there

[4:02:45] Trustee Morrison (probable): and so like there's a balance between like how we're handling this historic situation of this

[4:02:52] Trustee Morrison (probable): cluster in that one area because I don't think if this was a totally new application and hadn't

[4:03:00] Trustee Morrison (probable): been in existence before there wasn't this like longer history of operation I would be like no

[4:03:05] Trustee Morrison (probable): they're too close to other people in the region because we're not adding new ones in this close

[4:03:12] Trustee Morrison (probable): proximity this particular situation I feel like we kind of have to take each of the renewal

[4:03:17] Trustee Morrison (probable): applications in context of the fact that they have a history and that you know what is that history

[4:03:26] Trustee Morrison (probable): relative to these larger goals and like do we penalize them because we've shifted the rule

[4:03:31] Trustee Morrison (probable): right now or do we really try to like like it would be different if if if jen's history for

[4:03:39] Trustee Morrison (probable): instance wasn't compliance with all these or her like she didn't include that and i think we may

[4:03:44] Trustee Morrison (probable): see that on some of the renewals because there has been some complaints on other

[4:03:48] Trustee Morrison (probable): um stvrs and there is some like higher population numbers on stvrs so i think some of the other

[4:03:54] Trustee Morrison (probable): renewals may be a little bit more questionable but this one of the three that is in that region

[4:04:00] Trustee Morrison (probable): doesn't seem to me as questionable because of the like history of how they're handling things

[4:04:04] Trustee Morrison (probable): on the property so um yeah it's not that straightforward basically it's a complicated

[4:04:10] Trustee Morrison (probable): issue. It's not that straightforward. And even though we have guidelines that say we are that

[4:04:15] Trustee Morrison (probable): potentially will say that we don't have, you know, proximity like this, it may not be this one that

[4:04:21] Trustee Morrison (probable): is the one that goes. So I would like to go ahead and approve this one for now. And maybe we do it

[4:04:28] Trustee Morrison (probable): on a shorter term window, like a year to be able to juggle the other ones as the new bylaw comes

[4:04:34] Trustee Morrison (probable): comes into place, but I do think this one's worth approving.

[4:04:40] Trustee Patrick: Can I make a, I'm gonna question staff again.

[4:04:43] Trustee Patrick: I know we've been learning lots about this new VAVLAV case

[4:04:46] Trustee Patrick: and all this so forth about our decisions

[4:04:50] Trustee Patrick: and the information that should probably be minuted.

[4:04:54] Trustee Patrick: A resolution's one thing, but some of the,

[4:04:57] Trustee Patrick: this conversation we're having around cumulative effects,

[4:05:00] Trustee Patrick: what it means, what the space frame that we made

[4:05:04] Trustee Patrick: is important information because Deb's right.

[4:05:07] Trustee Patrick: We could find one of these three that we turned down

[4:05:10] Trustee Patrick: and so they may not like being turned down.

[4:05:14] Trustee Patrick: But if we've sort of set that stage,

[4:05:16] Trustee Patrick: is that necessary to minute?

[4:05:19] Voice 12: TUP is a discretionary approval.

[4:05:21] Voice 12: So I don't

[4:05:22] Voice 12: think even with the change,

[4:05:25] Voice 12: it actually gives more discretion

[4:05:28] Voice 12: to local governments in some ways

[4:05:29] Voice 12: if the decisions are considered reasonable.

[4:05:31] Voice 12: It would be if you were making an unreasonable decision

[4:05:34] Voice 12: to an average person but usually when the local trust committee turns down an application there's

[4:05:41] Voice 12: they say something in the record there's something in the minutes okay

[4:05:45] Voice 17: thank you yeah

[4:05:48] Trustee McConchie: i just wonder

[4:05:49] Trustee McConchie: if we could amend it for two years and uh and a cap um that way there's um uh gives us the local

[4:05:58] Trustee McConchie: trust committee here an opportunity to review the bylaw um and then if the applicant would like to

[4:06:03] Trustee McConchie: come back within two years uh they do that my my my concern is i have two concerns just of course

[4:06:11] Trustee McConchie: that i just want to state jen and i know you're aware of them um i don't know i wish more folks

[4:06:16] Trustee McConchie: would rent out their home uh to people that need rent long-term rental but i understand you've got

[4:06:22] Trustee McConchie: a waterfront property probably would cost a lot of money to rent that out on the long-term rental

[4:06:27] Trustee McConchie: market um and then the second thing is a temporary use permit implies temporary a renewal of a

[4:06:34] Trustee McConchie: temporary use permit is this escalator of constantness at what point do we rezone it so

[4:06:41] Trustee McConchie: it's actually commercial tourist accommodation um so those are a couple things that i think about

[4:06:47] Trustee McConchie: but that said i'd be i'd be willing to move forward with this uh and approve it um except

[4:06:53] Trustee McConchie: except for a two-year period.

[4:06:57] Trustee McConchie: So if it's okay, Chair Patrick,

[4:06:58] Trustee McConchie: I'm going to go ahead and propose a motion.

[4:07:01] Voice 17: Yes, please do.

[4:07:02] Trustee McConchie: I'd like to propose a motion that the,

[4:07:03] Trustee McConchie: I'd like to make a motion

[4:07:04] Trustee McConchie: that the North Pendle Island Local Trust Committee

[4:07:06] Trustee McConchie: amend proposed temporary permit MPTUP 2020 Hepburn

[4:07:10] Trustee McConchie: by inserting the following condition,

[4:07:12] Trustee McConchie: that the maximum number of guests

[4:07:13] Trustee McConchie: is temporarily limited to five for the duration

[4:07:16] Trustee McConchie: that the provincial health,

[4:07:18] Trustee McConchie: provincial emergency health order for COVID-19

[4:07:20] Trustee McConchie: remains in effect.

[4:07:21] Trustee McConchie: is

[4:07:22] Trustee Patrick: there a second second by trustee morrison any discussion just

[4:07:27] Trustee McConchie: just briefly it's really weird to

[4:07:29] Trustee McConchie: approve tourist accommodation during a pandemic just as a side point but i'm hoping it's gonna

[4:07:35] Trustee McConchie: end and anyways

[4:07:37] Trustee McConchie: that's the only discussion i have

[4:07:38] Trustee Morrison (probable): yeah and the only other thing i'd like to add is

[4:07:41] Trustee Morrison (probable): um i hope that um the applicant understands that this is not so much about your application

[4:07:46] Trustee Morrison (probable): because i i agree with ben that like limiting it right now while we're in this transition of all

[4:07:52] Trustee Morrison (probable): all these different bylaws moving around as the right move and also trying to figure out who's

[4:07:56] Trustee Morrison (probable): really meeting this new vision of of the bylaws so we can figure that space out a little more

[4:08:01] Trustee Morrison (probable): clearly we do want to make sure that folks who have properties and have them worked out this way

[4:08:05] Trustee Morrison (probable): like there's some security for you and it's a weird thing to say in the light of a temporary

[4:08:10] Trustee Morrison (probable): use permit too like i struggle with what what's the what's the temporariness in that but that's

[4:08:15] Trustee Morrison (probable): another conversation so um yeah i think i'm good to go all

[4:08:20] Trustee Patrick: right any further discussion then

[4:08:22] Trustee Patrick: I'll call the vote all those in favor and that's carried I'd

[4:08:26] Trustee McConchie: like to make a motion that the North

[4:08:27] Trustee McConchie: Pender Island Local Trust Committee approve issuance of temporary use permit NPTUP 2020.7

[4:08:32] Trustee McConchie: for a period of two years as amended is

[4:08:37] Trustee Patrick: there a second second Trustee Morrison any discussion

[4:08:43] Trustee Patrick: I'll call the vote all those in favor and that's carried all right thank you very much

[4:08:49] Voice 4: Thank you, Jen, for taking your time

[4:08:50] Voice 11: today to meet with

[4:08:51] Trustee Patrick: us and work with us.

[4:08:52] Trustee Patrick: Thank you

[4:08:52] Voice 11: all. Very much appreciated.

[4:08:54] Trustee Patrick: All right. Thank you.

[4:08:55] Trustee Patrick: So now we're moving on to the Groundwater Sustainability Project Report 13.3 at page 159.

[4:09:03] Voice 12: Okay. Would you like me to summarize it or just go straight into the discussion?

[4:09:07] Voice 12: Okay.

[4:09:07] Trustee Patrick: Yeah. No,

[4:09:08] Voice 12: I think if you

[4:09:08] Trustee Patrick: can do that, then we'll facilitate a little discussion afterwards.

[4:09:12] Voice 12: Okay. So this is just presenting the project charter for the implementation stage of the

[4:09:19] Voice 12: groundwater sustainability project at the last meeting you received the preliminary report on

[4:09:25] Voice 12: the data and mapping analysis and the final reports pending and also at that meeting the

[4:09:31] Voice 12: local trust committee indicated they wanted to proceed to looking at implementation of that

[4:09:38] Voice 12: mapping and data primarily through bylaw amendments potentially but also include some educational

[4:09:44] Voice 12: component in the scope of the project as well project timeline is in the project charter it's

[4:09:50] Voice 12: basically split into a few phases the first is to take all that mapping data and analyze it and

[4:09:56] Voice 12: specifically analyze it in the context of north pender and then report back to the local trust

[4:10:01] Voice 12: committee with options and issue identify the issues and report back on options then do some

[4:10:07] Voice 12: public consultation and then local trust committee gives direction on drafting bylaws if the local

[4:10:14] Voice 12: trust committee decides to proceed with draft bylaws and then uh legislative phase and an

[4:10:19] Voice 12: implementation phase as well assuming bylaws adopted in terms of resourcing the project

[4:10:25] Voice 12: um the project would be led by nurse chadwick and would fall under the the new regional um

[4:10:32] Voice 12: planning group the project's also a top priority for the galliano local trust committee at this

[4:10:37] Voice 12: point um south pender and cerner are still going to be considering whether they want to

[4:10:42] Voice 12: to proceed with this implementation stage.

[4:10:46] Voice 12: And so initially anyway, North Pender and Galliano

[4:10:50] Voice 12: will be moving at the same schedule

[4:10:53] Voice 12: and with the same similar project charter.

[4:10:55] Voice 12: We're a virtually identical project charter

[4:10:57] Voice 12: and the budget that's gonna be requested for this

[4:11:01] Voice 12: would support the consultation aspects for the fiscal year.

[4:11:07] Voice 12: and William Shoba, the freshwater specialist,

[4:11:13] Voice 12: will still be providing professional support for the project.

[4:11:19] Voice 12: So the recommendation is to endorse the project charter

[4:11:23] Voice 12: or approve the project charter, rather.

[4:11:26] Trustee Patrick: Yeah, and I know I sent an email.

[4:11:28] Trustee McConchie: Yeah, that's what I wanted to hear from you, Chair Patrick,

[4:11:31] Trustee McConchie: about your thoughts in that email.

[4:11:32] Trustee Patrick: Well, it was the first time we'd ever done this approach before,

[4:11:38] Trustee Patrick: and it actually was a powerful approach and I think it would be useful to us is that we had

[4:11:44] Trustee Patrick: a political conversation here's a project before us and this is our chance to really clearly say

[4:11:49] Trustee Patrick: what do we think we're getting from this what do we want from it because we're setting the

[4:11:53] Trustee Patrick: guide rails in the tone and like the earlier we're talking about the land use bylaw and it

[4:11:58] Trustee Patrick: comes up to oh but I really wanted OCP changes well we those were scoped out so this is this

[4:12:04] Trustee Patrick: this is our chance as the politicians to say, what do we think we're getting? And then staff

[4:12:11] Trustee Patrick: are actually, when it happened on Salisbury, they were relieved that we were having that political

[4:12:17] Trustee Patrick: conversation and giving that direction. So that's what I'm encouraging you to think of is

[4:12:21] Trustee Patrick: what were you wanting from this? What were you hoping to receive? And we just have a conversation

[4:12:25] Trustee Patrick: amongst the three of us before we get to motions or any changes that need to be made.

[4:12:32] Trustee McConchie: go ahead trusty i was just gonna say i know what i want from this yeah

[4:12:36] Voice 4: i probably know what i want

[4:12:37] Voice 4: from this too yeah

[4:12:38] Trustee McConchie: it's a fantasy world of course it's like

[4:12:41] Trustee McConchie: this map mine is it's this map that i

[4:12:44] Trustee McConchie: can access that um shows me how where the areas of of recharge are that um provide good groundwater

[4:12:54] Trustee McConchie: water as we know it currently now so it's a simple easy to read map that that reveals and shows where

[4:13:03] Trustee McConchie: the water's at or where it's not at based on the research provided by um william shilba and that

[4:13:12] Trustee McConchie: it's accessible to the general public and it's easy and it's not mired with academic speak and

[4:13:17] Trustee McConchie: stuff like it's something that can be digested at browning over a beer you know that's my wish list

[4:13:22] Trustee McConchie: is that it's not specific but our purpose i think of having this information like as

[4:13:30] Trustee McConchie: it adds credibility to the arguments that environmentalists have been making for years

[4:13:35] Trustee McConchie: which is that these islands are drying we get hit by rain shadows i mean you guys know we were

[4:13:41] Trustee McConchie: everyone else got snow storms and barely rained here it hailed a bit right and i know it's

[4:13:47] Trustee McConchie: anecdotal but we're getting we're going to get hit and slammed and in order to make really

[4:13:51] Trustee McConchie: substantive environmental policy changes we need to have the data and the facts to back it up and

[4:13:55] Trustee McConchie: it needs to be clear and it needs to be easily digested by the general public so that's my wish

[4:13:59] Trustee McConchie: list

[4:13:59] Voice 12: so that that's the the proof the final report that's being delivered by for the end of the

[4:14:08] Voice 12: fiscal year by william this project is to take that mapping and that that data and consider

[4:14:14] Voice 12: are changes to regulations.

[4:14:18] Trustee Morrison (probable): Okay, can I give my wish list on that, Ben? Yes,

[4:14:21] Trustee McConchie: of course. So

[4:14:22] Trustee Morrison (probable): my

[4:14:22] Trustee Morrison (probable): wish list is that the regulations address not only water-based conservation measures, but also

[4:14:31] Trustee Morrison (probable): addressed forest management, so things that integrate issues of the Douglas Fir Toolkit,

[4:14:38] Trustee Morrison (probable): from the Douglas fir toolkit and that integrate recommendations and bylaw specific type

[4:14:45] Trustee Morrison (probable): recommendations around land density in particular regions because of trees because of water so then

[4:14:56] Trustee Morrison (probable): we can make the argument to Tara Patrick's sort of question and comment much more scientifically

[4:15:01] Trustee Morrison (probable): based argument about I don't want this land broken up we're going to reduce density on this land

[4:15:06] Trustee Morrison (probable): because of x y and z related to this and it will have like an evidence-based to back us up for

[4:15:13] Trustee Morrison (probable): making that decision so that regulatory

[4:15:16] Trustee Morrison (probable): kind of mechanism somehow to do that so like dpas or other

[4:15:21] Trustee Morrison (probable): types of so there's two things i think actually let me just back up one second there's two pieces

[4:15:25] Trustee Morrison (probable): because one is about recommended dpas that we could potentially put in place to like do what

[4:15:30] Trustee Morrison (probable): we need to do around water protection but that aren't so narrow in terms of water being the only

[4:15:37] Trustee Morrison (probable): reason that maybe it's water and tree related protection because the recharge area is best

[4:15:43] Trustee Morrison (probable): protected if there's a covenant on the trees for instance um because the trees themselves are the

[4:15:49] Trustee Morrison (probable): protection for the recharge area so like that kind of integrated approach is what i'm looking for

[4:15:55] Trustee Morrison (probable): out and that like these particular areas these recharge related areas or these drier areas

[4:16:03] Trustee Morrison (probable): can't sustain density over x and then we adjust our ocp or our our other zoning regulations so

[4:16:13] Trustee Morrison (probable): that there's appropriate density of of subdivision potential related to those decisions that's what

[4:16:19] Trustee Morrison (probable): what i would like to see yeah

[4:16:22] Trustee Patrick: because that's like we had that happen with our that's how coastal

[4:16:27] Trustee Patrick: douglas first started on salt spring and they they took the recharge map and they started then and

[4:16:31] Trustee Patrick: they took the fire risk map and they put them all together and were able to say ah we had some major

[4:16:38] Trustee Patrick: overlap here and those those areas were clear that you know people shouldn't be building homes or

[4:16:45] Trustee Patrick: or we have to restrict the way we look at it so it gave us the ability to narrow

[4:16:50] Trustee Patrick: um what where we had to pay attention to um so i you know to me i agree with the you know

[4:16:59] Trustee Patrick: integrating the the ecosystem protection because it is two two things we draw from the water

[4:17:04] Trustee Patrick: our wells our taps but also the trees and the ecosystems are drawing from the water as well

[4:17:11] Trustee Patrick: that we want you know to make sure there's enough for both of those to live together.

[4:17:20] Trustee Patrick: The other thing I look at too is you know we have a number of islands looking at it and the

[4:17:28] Trustee Patrick: efficiency of how we look at this problem that we want to make sure we're sharing cooperating and

[4:17:34] Trustee Patrick: you know working together on this not duplicating effort you know because the tools there's

[4:17:41] Trustee Patrick: There's so many tools that we have in our toolbox.

[4:17:44] Trustee Patrick: But when water comes to the table, too, under the Water Sustainability Act, there could

[4:17:52] Trustee Patrick: be other tools that are outside of our toolbox, but could also help get to where we're going

[4:18:00] Trustee Patrick: through either water objectives or water sustainability plans, which has to come from a minister,

[4:18:09] Trustee Patrick: but it could become obvious that that might be a more powerful tool to achieve what we're trying

[4:18:14] Trustee Patrick: to do so

[4:18:17] Voice 12: what i'm hearing is so at least you want to consider incorporating the coastal ducals for

[4:18:23] Voice 12: ecosystem toolkit into this project make it a more more encompassing project um i mean there's

[4:18:31] Voice 12: a logic that yeah groundwater areas may overlap with um areas that um are low groundwater may

[4:18:37] Voice 12: overlap with large tracts but they may not right so it could be that the groundwater mapping doesn't

[4:18:45] Voice 12: show an issue with an elevated area that's um large for like a large tract of forest and is

[4:18:52] Voice 12: zoned for 10 acre subdivision right now um but that would be an area for consideration for

[4:19:01] Voice 12: protection for coastal douglas for ecosystem yeah and

[4:19:04] Voice 12: they're not they're not necessarily the same

[4:19:08] Voice 12: areas spatially.

[4:19:09] Trustee Morrison (probable): Yeah, that could be true. But I think the opposite is also true, where there could

[4:19:14] Trustee Morrison (probable): be recharge areas shown in the water sustainability effort, that if we talked about protections for

[4:19:26] Trustee Morrison (probable): them only in terms of water, people could go in and cut all the trees, but the real protection

[4:19:31] Trustee Morrison (probable): for them might be in preserving the trees. And even though we have some limits about what we

[4:19:36] Trustee Morrison (probable): could do what we could like i could see something in there about like covenants related to tree

[4:19:42] Trustee Morrison (probable): protection should be encouraged in all recharge areas or something like as an integrated kind of

[4:19:47] Trustee Morrison (probable): overlap way of thinking about management related to that so i don't know

[4:19:51] Trustee Morrison (probable): i don't know if i

[4:19:52] Trustee Morrison (probable): necessarily would say it's a complete douglas for a toolkit though of course i would love to see that

[4:19:56] Trustee Morrison (probable): but like more of like uh forest management approach or land management approach to what

[4:20:02] Trustee Morrison (probable): those bylaws suggestions or DPA suggestions might be?

[4:20:06] Voice 12: Yeah so so you know an area of

[4:20:12] Voice 12: challenged for for groundwater one of the options very well would be probably almost certainly would

[4:20:20] Voice 12: be considered development permit area to protect that area of low recharge or over over extraction

[4:20:31] Voice 12: action in a certain area might involve development permit areas, and some of the guidelines might be

[4:20:37] Voice 12: to limit tree removal.

[4:20:39] Trustee Morrison (probable): Yeah, that would be really helpful, because I think one of the things that

[4:20:42] Trustee Morrison (probable): I've seen recently that I really want to change is, like, our DPA related to riparian areas

[4:20:49] Trustee Morrison (probable): didn't actually help us protect trees in that area. It was left to professional judgment,

[4:20:53] Trustee Morrison (probable): and so that's really problematic for me on multiple fronts and I know that there is

[4:21:01] Trustee Morrison (probable): yeah maybe that's enough said.

[4:21:04] Trustee Patrick: When the reason of like I said when when we take water in the

[4:21:10] Trustee Patrick: trees together as well like I said under the water sustainability plan is another way of protecting

[4:21:14] Trustee Patrick: trees right right now we don't have the jurisdiction to have tree cutting bylaws but if

[4:21:21] Trustee Patrick: If the province were to impose a water sustainability plan on the southern Gulf Islands, then that's a tool in that toolbox, another way of getting to the trees.

[4:21:32] Trustee Patrick: So it's when we're focused, if it's trying to preserve the environment and the trees, then it broadens the tools not to just be salt springs.

[4:21:39] Trustee Patrick: I mean, salt springs. Where am I? I am on salt spring.

[4:21:43] Trustee Patrick: um uh just what tools the islands trust has that you know we we need every everything in our power

[4:21:51] Trustee Patrick: to um help these islands be secure into the future okay

[4:22:00] Trustee McConchie: um so i i think i'm understanding

[4:22:02] Trustee McConchie: what we're talking about but i want to briefly surmise for my brain i i'm using this information

[4:22:07] Trustee McConchie: it's going to come out in a final report the discussion revolves around um if the staff's

[4:22:13] Trustee McConchie: going to spend time coming back to us with suggestions on how to improve the bylaws is that

[4:22:17] Trustee McConchie: correct as i understand yep so the question is i have is is this is the staff going to come back

[4:22:22] Trustee McConchie: and say by the way you should lobby the province right you know is that was gonna is that because

[4:22:29] Trustee McConchie: is it will it ultimately all come down to the province and we're sort of wasting staff's time

[4:22:32] Trustee McConchie: to go through this process

[4:22:33] Trustee Patrick: it's

[4:22:34] Trustee McConchie: just a question we

[4:22:35] Trustee Patrick: have tools they have tools so it's uh we're

[4:22:40] Trustee McConchie: looking for

[4:22:40] Trustee Patrick: options the province has tools that they could

[4:22:42] Trustee Patrick: apply we have tools and i said if we're

[4:22:44] Trustee Patrick: looking at analysis of options that it shouldn't only be islands trust land use planning tools

[4:22:51] Trustee Patrick: i got options

[4:22:52] Trustee Patrick: should be any option available to us to achieve that outcome i'd

[4:23:01] Trustee McConchie: like to make a

[4:23:02] Trustee McConchie: motion that the north pender island local trust committee approved the project charter for the

[4:23:05] Trustee McConchie: implementation phase of the groundwater sustainability project

[4:23:08] Trustee Patrick: did we need to make

[4:23:09] Trustee Patrick: any amendments to it first are

[4:23:11] Trustee Patrick: you satisfied with the language that's there yeah

[4:23:15] Trustee Morrison (probable): so the only thing

[4:23:17] Trustee Morrison (probable): that i think is problematic in the language is the issue in the out of scope like we just had this

[4:23:24] Trustee Morrison (probable): problem on our current charter for the lub about having unrelated amendments to the ocp i don't

[4:23:31] Trustee Morrison (probable): see anything in the yellow area that says related amendments to the ocp and i'm wondering if we need

[4:23:37] Trustee Morrison (probable): to add like a piece in the in scope that says related amendments to the ocp or am i just not

[4:23:42] Trustee Morrison (probable): seeing it somewhere

[4:23:43] Voice 12: so the first bullet says analysis of option for bylaw amendments yes but

[4:23:49] Trustee Morrison (probable): you just told me today that bylaw amendments are not necessarily ocp or does that include ocp

[4:23:53] Trustee Morrison (probable): oh no wait bylaw

[4:23:56] Voice 12: plural so you got two bylaws right just bylaw and

[4:23:58] Trustee Morrison (probable): ocp got it okay yeah i'm

[4:24:01] Trustee Morrison (probable): i

[4:24:01] Trustee Patrick: was gonna say but the other to me we want a report of all options yeah they could be

[4:24:10] Trustee Patrick: you know when we say unrelated uh you know so we we want to know what options do we have to

[4:24:17] Trustee Patrick: manage this and then we would give direction as to which options to pursue so i'm just trying to

[4:24:24] Trustee Patrick: yeah the

[4:24:25] Voice 12: out of scope to be clear on what the out of scope portion is is is so you don't go

[4:24:30] Voice 12: off on a tangent about yeah i don't know restricting i don't know something completely

[4:24:35] Voice 12: unrelated and trying to kitchen sink the project right um which means that as the project's

[4:24:41] Voice 12: unfolding you keep adding other things to it that are unrelated and you get you get that's how you

[4:24:46] Voice 12: get delays right and that's how projects get delayed because basically this project is taking

[4:24:50] Voice 12: you into the into the last year of your term and

[4:24:55] Trustee Patrick: then the other piece of how does this fit with

[4:24:58] Trustee Patrick: with what is happening on Galliano and that are they distinctly different?

[4:25:01] Trustee Patrick: Are we making, is it really one project that's being done on multiple?

[4:25:05] Trustee Patrick: So

[4:25:05] Voice 12: it's same project manager, same project team, I guess.

[4:25:08] Voice 12: At this point they're being presented with virtually exactly the same project

[4:25:12] Voice 12: charter just as Galliano instead of the North Pender, same timeline,

[4:25:16] Voice 12: same budget. However, we can't presuppose, first of all,

[4:25:21] Voice 12: the geology is different on Galliano and North Pender.

[4:25:26] Voice 12: the land use patterns are different um and um of course the political direction might be very

[4:25:33] Voice 12: different um

[4:25:36] Trustee Patrick: and then the third piece is we have the freshwater strategy work that's happening at

[4:25:42] Trustee Patrick: trust level is this intended to work with that it's

[4:25:48] Voice 12: intended to um it's the same again it's the

[4:25:52] Voice 12: same project manager so the personnel and and william as well is going to be working on integral

[4:25:57] Voice 12: to that project um so um having the same people work on the projects is a pretty good key to

[4:26:07] Voice 12: having them work together but um the the project at the trust council level or the trust wide level

[4:26:17] Voice 12: is is still being firmed up about what uh what the actual deliverables are and

[4:26:29] Trustee Patrick: then the last is

[4:26:31] Trustee Patrick: and um and this is as we as we draw i guess if we're so if we're only kind of get to options

[4:26:40] Trustee Patrick: is sort of the first step but if we're going beyond that then it's as we create bylaws it's

[4:26:45] Trustee Patrick: that performance base that you know we know is it working is it achieving what we want it to

[4:26:52] Trustee Patrick: achieve so it's that rear view mirror thing of being able to say while we do go forward we're

[4:26:59] Trustee Patrick: assessing did it work just

[4:27:01] Trustee McConchie: just briefly chair patrick it's like i i don't feel like this is

[4:27:04] Trustee McConchie: achieving my objective like my objective political objective is to have rainwater catchment storage

[4:27:11] Trustee McConchie: areas and store water as much as possible because we basically know the islands are drying and i

[4:27:18] Trustee McConchie: I mean, this is just eating into more time

[4:27:20] Trustee McConchie: when we should be doing stuff.

[4:27:22] Trustee McConchie: That's the main concern I have with this right now.

[4:27:27] Trustee McConchie: So

[4:27:27] Voice 12: cistern regulations and all that thing

[4:27:29] Voice 12: would be part of this project.

[4:27:31] Trustee McConchie: Yeah, okay.

[4:27:32] Trustee McConchie: But I guess my point is totally,

[4:27:33] Trustee McConchie: like I get what's happening.

[4:27:35] Trustee McConchie: I guess my point is that,

[4:27:36] Trustee McConchie: like, don't we have a pretty strong idea

[4:27:38] Trustee McConchie: of what needs to get done right now?

[4:27:40] Trustee McConchie: Can we just write it out with beer and pizza

[4:27:42] Trustee McConchie: as I implement?

[4:27:43] Trustee McConchie: Why do we need to take another year

[4:27:45] Trustee McConchie: until the end of the term?

[4:27:46] Trustee McConchie: And then the term's done

[4:27:47] Trustee McConchie: and then we get new trustees in.

[4:27:48] Trustee McConchie: who might not follow through with what we're trying to do

[4:27:50] Trustee McConchie: and blah, blah, blah,

[4:27:51] Trustee Patrick: right?

[4:27:52] Trustee Patrick: You understand?

[4:27:53] Trustee Patrick: This was one of the political statements

[4:27:55] Trustee Patrick: we added to the housing project on Salt Spring.

[4:27:57] Trustee Patrick: We said that we'll prioritize actions

[4:28:00] Trustee Patrick: as they're identified that will support solutions

[4:28:03] Trustee Patrick: that will address the issue urgently.

[4:28:06] Trustee Patrick: So you could spin off if you find,

[4:28:08] Trustee Patrick: as you start down the process,

[4:28:10] Trustee Patrick: if you start seeing something clear

[4:28:13] Trustee Patrick: that is going to make some immediate difference,

[4:28:17] Trustee Patrick: that we could draw attention to that.

[4:28:18] Trustee Patrick: Is that, that's, is that something you want to have in the project rather than waiting for the

[4:28:23] Trustee Patrick: whole thing to be done? Would you be able to, would like to see a spinoff of something urgent

[4:28:28] Trustee Patrick: if it, if it could fix something urgent? Then

[4:28:32] Trustee McConchie: I guess, yes, I want, I want urgency on what

[4:28:35] Trustee McConchie: Robert's talking about. Uh, I want urgency on as much water conservation methods as possible. I

[4:28:41] Trustee McConchie: want urgency on contacting VHA to make potable water, um, a thing, uh, you know, for, for, uh,

[4:28:46] Trustee McConchie: residents you know is that I don't know am I being helpful sure Patrick

[4:28:50] Trustee Morrison (probable): we're going to comment

[4:28:53] Trustee Morrison (probable): related to this um so I I would really like to see um like more phased approach on this because

[4:29:02] Trustee Morrison (probable): I do agree I think there are things that they're already doing on other islands that we know

[4:29:05] Trustee Morrison (probable): and we should try and pull and like put those into like so maybe there's like a two-phased

[4:29:13] Trustee Morrison (probable): approach to this where we like the low-hanging fruit things that we know are possible that

[4:29:17] Trustee Morrison (probable): because they're already happening in other areas um that we try to go for first um and then um

[4:29:26] Trustee Morrison (probable): like a second sort of and maybe that in the background continues the work to try and like

[4:29:32] Trustee Morrison (probable): you know have the more synthesis that's laid out here but i would like to have like a faster track

[4:29:38] Trustee Morrison (probable): of initial pieces that we could get in play yeah

[4:29:42] Trustee McConchie: as well i'm not sure what what would

[4:29:45] Voice 12: that be if

[4:29:45] Voice 12: you want us to come back with a draft bylaw so

[4:29:47] Trustee Morrison (probable): it would be water catchment it would be like um

[4:29:50] Trustee Morrison (probable): required water catchment for uh or water storage like is there you know and and this this is the

[4:29:58] Trustee Morrison (probable): challenge that we have with a federal

[4:30:00] Trustee Morrison (probable): Robert, honestly, I've been asking for this for like a year and a half with different people inside the trust is like a really clear list of different bylaws related to climate change that we can actually understand what's happening on other islands to be able to know what we can draw from.

[4:30:16] Trustee Morrison (probable): from and so like like we know that we need a bylaw on water storage that these three or four islands

[4:30:24] Trustee Morrison (probable): in the very south we're drying we need a freaking bylaw like for everybody in this area to have some

[4:30:29] Trustee Morrison (probable): kind of water storage whether it's a catchment or pump from well in the winter we need people to be

[4:30:33] Trustee Morrison (probable): required to have water storage on these islands and so like that would be so

[4:30:39] Voice 12: if that's the ltc's

[4:30:40] Voice 12: priority then we'll change the project charter so we come back with a drop bylaw for water storage

[4:30:44] Voice 12: and we'll defer the rest of the work until you've adopted until we've got that work on that bylaw

[4:30:50] Voice 12: done or do you want to do it all together basically well

[4:30:53] Trustee Morrison (probable): yeah i guess my challenge is if the

[4:30:56] Trustee Morrison (probable): if the reality is that we wouldn't get a bylaw into place until 20 december 2022 that requires

[4:31:02] Trustee Morrison (probable): people to have water storage on their property and like i don't know what the other short list is

[4:31:08] Trustee Morrison (probable): of things that like are there examples already that you know of off the top of your head of

[4:31:12] Trustee Morrison (probable): bylaws that are written out already that we could draw from and make that the short list of the

[4:31:18] Trustee Morrison (probable): first set of things we go for uh

[4:31:21] Voice 12: yeah water storage is one of them so galliano and saturn

[4:31:24] Voice 12: have water storage requirements but there's problems with them they need to be reviewed

[4:31:29] Voice 12: um and they're they're based on in certain areas so they're not island

[4:31:33] Voice 12: wide right tcu area wide

[4:31:35] Voice 12: they are for areas that are known to have groundwater issues right

[4:31:44] Trustee Morrison (probable): okay and so like it

[4:31:47] Trustee Morrison (probable): would be great to see water storage i think there's like a universal need for water storage

[4:31:52] Trustee Morrison (probable): but there's probably additional really site specific things and and the second thing that

[4:31:56] Trustee Morrison (probable): would be on my list based on what we get from um william at the end of this term is like where are

[4:32:04] Trustee Morrison (probable): are these like high value catchment areas that we need to protect right like the the recharge areas

[4:32:11] Trustee Morrison (probable): for our aquifers like we gotta be going after them because they're already getting built on

[4:32:15] Trustee Morrison (probable): and subdivided and like right now they're getting so that would be my second sort of high thing

[4:32:23] Trustee Morrison (probable): can

[4:32:24] Trustee McConchie: we table a decision on this till next meeting we

[4:32:28] Trustee Patrick: absolutely can i mean this is a conversation

[4:32:29] Trustee Patrick: it's important to me it's important to have these conversations at the beginning of the projects

[4:32:34] Trustee Patrick: that were clear because that's how we do things quickly is when we can articulate a clear

[4:32:42] Trustee Patrick: direction yeah

[4:32:44] Trustee McConchie: yeah so go ahead trustee marcy yeah

[4:32:46] Trustee Morrison (probable): so maybe the request is between now and

[4:32:49] Trustee Morrison (probable): next meeting i i actually do think that we probably need to have a like a clear list of

[4:32:54] Trustee Morrison (probable): what would be the the very short list of the high priority items that we think we could get into

[4:32:59] Trustee Morrison (probable): to play quickly so like maybe that's the the ask of staff right now is like the go slow to go fast

[4:33:06] Trustee Morrison (probable): move right now like is there something that you can do in the next month to give us a shorter list

[4:33:11] Trustee Morrison (probable): of things that we could do um like more expediently um based on work that's been done in other

[4:33:18] Trustee Morrison (probable): locations yeah

[4:33:22] Voice 12: sure yeah there's d there's a dpa on galliano but is it effective we've never issued

[4:33:27] Voice 12: with dp yeah because it's for a high elevated groundwater catchment area that's that's so

[4:33:32] Voice 12: such high elevation that no one ever does any development in that area and they're

[4:33:37] Voice 12: they're largely forest lots that

[4:33:38] Trustee Patrick: i i don't think i think what uh you know the immediate

[4:33:41] Trustee Patrick: i think it's more immediate um you know i don't know if asking staff you know we're either asking

[4:33:50] Trustee Patrick: them to do work to go collect all the what's happening at this salt spring and probably other

[4:33:54] Trustee Patrick: other related jurisdictions that have existing ideas that can be applied.

[4:34:05] Trustee McConchie: I want to table this because William's not here.

[4:34:09] Trustee McConchie: I had a week to read this and think about it on top of this agenda package

[4:34:13] Trustee McConchie: that was basically war and peace of every issue on North Pender Island.

[4:34:17] Trustee McConchie: So if that's okay, and I,

[4:34:19] Trustee McConchie: and I totally understand that this may put us back a month,

[4:34:22] Trustee McConchie: month but hopefully it will actually expedite things if we come up with more specific

[4:34:25] Trustee McConchie: concerns i'm not hearing a general consensus right now and we need to get into the nuts and

[4:34:30] Trustee McConchie: bolts and we are into for our 4.5 of our our meeting right now yep

[4:34:35] Trustee Patrick: no i know we're all tired

[4:34:36] Trustee Patrick: and i and i really encourage us to think about this uh in the time too so that we can have a

[4:34:41] Trustee Patrick: this is really worth having this conversation for the three of us of what do we want yeah so can we

[4:34:47] Trustee McConchie: We have that next month on the agenda.

[4:34:50] Trustee McConchie: This brought back with William and we have it at the beginning.

[4:34:53] Trustee McConchie: So to not waste William's time.

[4:34:55] Trustee McConchie: So any, and maybe perhaps make it just general protocol that if staff is

[4:34:59] Trustee McConchie: required to show up, we just do that at the beginning, you know,

[4:35:02] Trustee McConchie: of the meetings that way you guys can schedule yourselves a little bit

[4:35:05] Trustee McConchie: better.

[4:35:05] Trustee McConchie: I feel bad for staff having to wait around while we discuss complicated

[4:35:09] Trustee McConchie: issues and stuff. So

[4:35:12] Trustee Patrick: I don't

[4:35:13] Trustee McConchie: need, we don't need to make,

[4:35:14] Trustee McConchie: there's no motion, I guess we just table it. Okay. Great. Thank you.

[4:35:17] Trustee McConchie: oh yeah just

[4:35:18] Trustee McConchie: trustee morrison do you have to go i

[4:35:20] Trustee Morrison (probable): do i'm like five minutes late for a standing

[4:35:23] Trustee Morrison (probable): work-related meeting that i can't miss i'm sorry so i not all my schedule is in my control so

[4:35:31] Trustee Morrison (probable): thanks for starting early because i was able to be here so much more but i also am hitting a mental

[4:35:36] Trustee Morrison (probable): load honestly with a long meeting without a break so so i from the rest of the agenda it it i don't

[4:35:46] Trustee Morrison (probable): have questions and i it looks like things are clear is there anything that we need to flag

[4:35:51] Trustee Morrison (probable): the

[4:35:51] Trustee McConchie: only only uh i'm not sure if there was a comment from the last agenda item regard from

[4:35:56] Trustee McConchie: chair luckham uh do we do we require any action from that because it sounds

[4:36:02] Manager of Bylaw Compliance and Enforcement (probable): to me we developed

[4:36:02] Trustee McConchie: our own short-term vacation rental bylaw today and then chair luckham is now saying hey by the

[4:36:07] Trustee Patrick: way guys

[4:36:07] Trustee McConchie: you should um do you get what i'm am i that

[4:36:11] Trustee Patrick: was that was me uh yeah i don't know if you

[4:36:14] Trustee Patrick: you want to discuss that right now i i pushed this one this was to look at other options that

[4:36:19] Trustee Patrick: were available beyond islands trust on um short-term

[4:36:22] Trustee Patrick: vacation we all have problems and it's

[4:36:24] Trustee Patrick: like one of the potential things is crd implementing a business license yeah that'd be great as another

[4:36:29] Trustee Patrick: tool and that would

[4:36:31] Trustee Patrick: come from all of us advocating for that so the purpose of the meeting is just to

[4:36:34] Trustee Patrick: talk about we all have problems and challenges is there something we can do

[4:36:38] Trustee Patrick: together yeah no that

[4:36:41] Trustee Patrick: that would be great. I'd be in support of that. That was what the purpose of

[4:36:43] Trustee McConchie: that was. The only

[4:36:44] Trustee McConchie: other thing is I just recommend that we table our discussion on communication strategies

[4:36:49] Trustee McConchie: for next month.

[4:36:51] Trustee Morrison (probable): Yeah, that would be great. And I'd like to have that really too, because I feel

[4:36:55] Trustee Morrison (probable): like it always gets at the end. And I do think it'd be good to have like a really coordinated

[4:36:58] Trustee Morrison (probable): communication strategy.

[4:37:01] Voice 17: All right. All right. So if you're going

[4:37:03] Voice 17: today, and I am sorry about

[4:37:05] Voice 17: my conflict, I'm

[4:37:05] Trustee Patrick: struggling with how to handle this particular conflict. Well, thank you very

[4:37:09] Trustee Patrick: much i guess we'll we'll move through what we can here and um and yeah thank you

[4:37:14] Trustee Patrick: so we'll race ahead

[4:37:17] Trustee Patrick: then um and anything that we need to talk about today we have uh the um i guess the the projects

[4:37:25] Trustee Patrick: list but i guess we'll pass over we won't make any changes to those today no

[4:37:31] Trustee McConchie: i know that yeah

[4:37:32] Trustee Patrick: absolutely at this point and then um we have the applications list did you have any questions on

[4:37:36] Trustee Patrick: applications today

[4:37:37] Trustee McConchie: just regarding just regarding the application for development permit to request

[4:37:40] Trustee McConchie: of variance for a foreshore deck um just wondering the if you can give me any information regarding

[4:37:46] Trustee McConchie: the size of this foreshore deck what the proposal entails from any staff but is there any uh details

[4:37:53] Trustee McConchie: regarding this i

[4:37:54] Voice 12: don't remember offhand how large it is it's an existing existing structure i think

[4:38:00] Voice 12: it's i think the actual application is to um it's to alter part of it to bring it into kind of bring

[4:38:07] Voice 12: it into compliance okay

[4:38:08] Trustee McConchie: thank you no further questions

[4:38:13] Trustee Patrick: okay the expense reports are here

[4:38:16] Trustee Patrick: for october that's way back um standing resolutions no changes

[4:38:21] Trustee McConchie: nothing to add on

[4:38:22] Trustee McConchie: standing resolutions there's

[4:38:24] Trustee Patrick: a conservancy report here primarily for information

[4:38:27] Trustee Patrick: always important to read what's going on there um and there's the update on the the campaign they

[4:38:35] Trustee Patrick: did there's some nice materials that are there on page 181 yeah

[4:38:39] Trustee McConchie: I did want to note that Laskiti

[4:38:40] Trustee McConchie: has the highest number of responses at 171 on that that's very interesting go Laskiti yeah there it

[4:38:48] Trustee Patrick: goes I think that's yeah

[4:38:49] Trustee McConchie: sorry chair Patrick sorry I

[4:38:51] Trustee Patrick: should point out uh through our coastal

[4:38:53] Trustee Patrick: Douglas fir project that is going on salt spring um we have some communication materials coming out

[4:38:58] Trustee Patrick: that's uh uh we're gonna that will be shared with other islands it's very relevant uh kind of

[4:39:03] Trustee Patrick: showing what a good steward looks like for around your house versus bad and you know how to how to

[4:39:09] Trustee Patrick: get there so it's going to be some useful information all right um so we do have that

[4:39:17] Trustee Patrick: salt spring letter that was here on page 185 um i can tell you that main island

[4:39:25] Trustee Patrick: chose option two of appointing they appointed a trustee to go to a just have a meeting to

[4:39:30] Trustee Patrick: talk about like this topic so it's up to you of uh either having a special joint meeting or just

[4:39:41] Trustee Patrick: have a meeting that you would attach a point to person or do nothing um

[4:39:51] Trustee McConchie: sorry oh this is the short

[4:39:54] Trustee Patrick: this is item uh 15.1 this the short-term vacation rental conversation that came from salt spring

[4:39:59] Trustee Patrick: yeah

[4:40:00] Trustee McConchie: right so should we be part we should probably be part of the meeting and uh let's let's i mean

[4:40:06] Trustee McConchie: and so i support that so we should schedule a meeting i suppose is that the only action well

[4:40:11] Voice 12: what maine did is they appointed one trustee um to attend so they don't doesn't have to be

[4:40:16] Voice 12: scheduled as a special meeting for that ltc the other consideration for north bender is that

[4:40:21] Voice 12: you'll probably be post-public hearing on your own bylaw after that so be aware of that yeah no

[4:40:29] Voice 12: the

[4:40:29] Trustee Patrick: point isn't to talk about specific bylaws but to talk about what we as a region you know could do

[4:40:38] Trustee Patrick: seeing that we're all talking about it yeah

[4:40:41] Trustee McConchie: i i mean the meeting would have would be would have

[4:40:43] Trustee McConchie: been useful before we maybe discuss the bylaw but i i mean i i would appoint trustee morrison

[4:40:49] Trustee McConchie: to attend the meeting

[4:40:50] Trustee Patrick: of course oh you're mean um

[4:40:53] Trustee McConchie: i i don't have any more time for any more

[4:40:56] Trustee McConchie: meetings uh to be honest right now i'm maxed out of meetings so uh it's up to you uh chair

[4:41:02] Trustee McConchie: Patrick would you like to attend well

[4:41:05] Trustee Patrick: if there is a meeting I would be there so uh um uh I well

[4:41:10] Trustee McConchie: if it's necessary I'll attend uh and uh happy to attend then I'll put my name forward okay so

[4:41:16] Trustee Patrick: should we appoint you to attend so I guess you need a motion to do that I'd

[4:41:22] Trustee McConchie: like to appoint Ben

[4:41:24] Trustee McConchie: Ben McConkie, Trustee McConkie, to attend a Zoom discussion to provide feedback

[4:41:35] Trustee McConchie: regarding short-term vacation rental communications and strategies

[4:41:40] Trustee McConchie: in the Southern Gulf Islands. Yes. Is that right?

[4:41:43] Trustee Patrick: Sounds, I think, probably good enough for, yeah.

[4:41:46] Trustee McConchie: Yep.

[4:41:48] Trustee Patrick: I'll second. How'd you do, Shannon?

[4:41:52] Trustee McConchie: Shannon's probably asleep at this point.

[4:41:54] Trustee McConchie: no i'm here

[4:41:56] Voice 7: um i had initially started recording it that you were just going to agree that we can

[4:42:00] Voice 7: do it by general consent so if you okay fair enough

[4:42:02] Trustee Patrick: oh through general consent i didn't

[4:42:04] Voice 7: anticipate

[4:42:04] Trustee Patrick: you doing i'm i'm i'm satisfied through general consent are you okay yes through general

[4:42:10] Trustee Patrick: consent we'll appoint ben mcconkey to attend a meeting great that's thank you for saving the day

[4:42:16] Trustee Patrick: shannon at least someone's awake uh okay so that uh means our next meeting will be on february

[4:42:24] Trustee Patrick: 25th we're going to postpone the uh communication strategy to the next agenda and um that means we

[4:42:30] Trustee Patrick: have a town hall so we're open to a town hall warning that we're all getting tired and i'm

[4:42:35] Trustee Patrick: sure you are too but we want to make sure that uh we don't want to rework anything we already

[4:42:39] Trustee Patrick: discussed today but um always uh glad to hear from you so is there anyone who wishes to address

[4:42:45] Trustee Patrick: us uh today in the second town hall i think we wore out the audience too uh

[4:42:55] Trustee Patrick: there

[4:42:56] Trustee McConchie: was a lot of uh michael

[4:42:58] Trustee Patrick: sketch has raised his hand michael um

[4:43:06] Voice 8: hello i shall be brief um

[4:43:10] Voice 8: in 2012 there was a magic lake uh water and sewer committee project to replace water mains

[4:43:18] Voice 8: and a great deal of hundreds of truckloads of fill were deposited on norris pander

[4:43:21] Voice 8: And the road surfacing material, I have reason to believe, was also left on Pender. It should have been dealt with in the CRD contract, but wasn't. And I'd like to raise this with the local trust committee. There isn't a soil deposit bylaw, which Trustee McConkie has pushed for, and it won't be in place when this contract takes place.

[4:43:45] Voice 8: and it needs an approach to the CRD to make sure that the fill is appropriately placed

[4:43:52] Voice 8: and particularly the road surfacing material which is dug up and it can be crushed and reused

[4:44:00] Voice 8: in the top five inches of road surfacing and the LTC does have a role in advocating for that

[4:44:09] Voice 8: with the crd please thank you thank

[4:44:13] Trustee Patrick: you michael anyone else that wishes to talk to us today

[4:44:19] Trustee Patrick: all right thank you we always want to hear from you please email the trustees or and south info

[4:44:34] Trustee Patrick: at islandstrust.bc.ca any further business today i'd

[4:44:43] Trustee McConchie: like to close the meeting uh

[4:44:45] Trustee Patrick: i'll second that

[4:44:46] Trustee Patrick: that motion. I guess we're all in favor. So thank you everyone. Sorry, this is long. It's not having

[4:44:51] Trustee Patrick: lunch is a very difficult when we, we get very tired and I know it affected me for being awake.

[4:44:59] Trustee Patrick: So I want to thank everyone for being involved today. Look forward to our next meeting. Thank

[4:45:04] Trustee Patrick: the trustees. That was a good conversation and I'm, you know, it's what we have to do and it's

[4:45:09] Trustee Patrick: good. So thank you.

[4:45:12] Trustee McConchie: Yep. Thanks very much, guys. Thanks very much. Planner Stockdale. Thanks very

[4:45:15] Trustee McConchie: very much, Mabel. Thanks, Warren and Shannon. Bye, Chair Patrick.

[4:45:18] Trustee Patrick: We'll see you. Bye-bye.