Thetis Island Local Trust Committee community information meeting, February 2, 2021

[0:00:02] Voice 11: well yes

[0:00:03] Trustee Patrick (probable): i'm

[0:00:04] Voice 11: not sure why but um oh there we go got

[0:00:11] Trustee Patrick (probable): it good evening please stand by we're just

[0:00:13] Trustee Patrick (probable): activating the meeting and waiting for all our participants so please stand by we'll start the

[0:00:17] Trustee Patrick (probable): meetings soon so

[0:00:28] Voice 10: we now have seven attendees but we still do not have oh trustee fenton is showing

[0:00:37] Voice 10: there he just doesn't have his camera or his mic on yet so we're getting close excellent

[0:00:45] Trustee Patrick (probable): please stand by we're just activating the meeting and waiting for a couple of participants

[0:00:51] Trustee Patrick (probable): hello trustee Fenton we can hear you excellent and

[0:00:59] Voice 4: yeah just it's a bit flaky for some reason

[0:01:03] Voice 4: right now so that's

[0:01:07] Trustee Patrick (probable): all right seems

[0:01:09] Voice 10: to be the word of the day today but it's all

[0:01:14] Voice 10: just a little bit of connectivity trouble maybe this starting at 6 30 everybody else is signing

[0:01:20] Voice 10: on to the doing fun things at home in the evening and using up all the bandwidth that's called

[0:01:27] Trustee Luckham (probable): netflix yeah exactly

[0:01:30] Trustee Patrick (probable): all right trustees it is 6 31 i am aware that we do have a schedule here

[0:01:37] Trustee Patrick (probable): that we said we would initiate the community information meeting at 6 30. how do you feel

[0:01:44] Trustee Patrick (probable): we are up and running would you like to start should we start the meeting trustee fenton you've

[0:01:53] Voice 6: yeah i'm there

[0:01:54] Trustee Patrick (probable): okay so we have your have your camera off but we know you're there so that's

[0:01:58] Voice 6: fantastic

[0:01:58] Trustee Patrick (probable): yeah all right then i'm going to get things uh started for so good evening and i

[0:02:04] Trustee Patrick (probable): want to thank all of you for joining us today for this electronic special meeting of the theta

[0:02:10] Trustee Patrick (probable): Asylum Local Trust Committee. During this meeting we're going to be holding a community information

[0:02:14] Trustee Patrick (probable): meeting first and then a public hearing for proposed bylaws number 108 and 109 development

[0:02:23] Trustee Patrick (probable): permit area number one repair in areas in Ralston Creek and through the meeting I will review how

[0:02:28] Trustee Patrick (probable): what those various parts of the meeting are as we get closer to them. I want to begin by

[0:02:33] Trustee Patrick (probable): acknowledging how fortunate we are today to be able to gather in locations all across the Salish

[0:02:39] Trustee Patrick (probable): Sea and the traditional territories of the Coast Salish people. I'm Laura

[0:02:44] Trustee Patrick (probable): Patrick. I'm elected on Salt Spring and the chair of Thetis Island a local trust

[0:02:48] Trustee Patrick (probable): committee. I'm joined today by Thetis Island trustees Peter Luckham and Doug

[0:02:55] Trustee Patrick (probable): Fenton. So thank you. Together we make up your Thetis Island local trust committee.

[0:03:01] Trustee Patrick (probable): This meeting is an official forum for your local trust committee to make

[0:03:04] Trustee Patrick (probable): decisions about land use planning matters and discuss relevant business this meeting is being

[0:03:11] Trustee Patrick (probable): conducted electronically and is being recorded it's also being live streamed for those who

[0:03:16] Trustee Patrick (probable): cannot attend today this stream will be recorded and available via video on demand in the coming

[0:03:21] Trustee Patrick (probable): days for those of you who joined us via the live stream link this evening and want to communicate

[0:03:28] Trustee Patrick (probable): during the community information meeting or the public hearing you must join us via the zoom link

[0:03:32] Trustee Patrick (probable): or by phone. These links and the phone numbers are available on the Island's Trust website.

[0:03:37] Trustee Patrick (probable): Go to the Thetis Island page, select the meeting calendar, you select today's date, you'll see the

[0:03:44] Trustee Patrick (probable): information immediately to the right of the calendar, and there's a click here and there

[0:03:49] Trustee Patrick (probable): is where you can get the Zoom links and the phone numbers. Since we're all joining remotely, there

[0:03:55] Trustee Patrick (probable): may be challenges and technical difficulties. I certainly will have a cat drop on my desk and

[0:04:01] Trustee Patrick (probable): and stand between me and my mouse at some point

[0:04:04] Trustee Patrick (probable): through the meeting.

[0:04:06] Trustee Patrick (probable): That's how these things go on Zoom

[0:04:08] Trustee Patrick (probable): and we'll do our best to overcome

[0:04:10] Trustee Patrick (probable): these technical difficulties.

[0:04:13] Trustee Patrick (probable): When we get to the question and answer period

[0:04:15] Trustee Patrick (probable): of the community information meeting,

[0:04:16] Trustee Patrick (probable): as well as the public hearing,

[0:04:18] Trustee Patrick (probable): I'll review how you can participate.

[0:04:20] Trustee Patrick (probable): So there'll be more information coming

[0:04:22] Trustee Patrick (probable): as to how you can communicate with us.

[0:04:24] Trustee Patrick (probable): We have several staff members joining us today.

[0:04:28] Trustee Patrick (probable): And I'd like to also add that this is a place of employment

[0:04:31] Trustee Patrick (probable): despite the fact that many of our staff may be coming from their own homes. They

[0:04:35] Trustee Patrick (probable): have the right to a safe and respectful workplace. We have Will Cottingham, our

[0:04:40] Trustee Patrick (probable): office administrator, who is doing all the magic behind the scenes to make this

[0:04:44] Trustee Patrick (probable): meeting work. Sarah Sugar is our minute taker. Welcome, Sarah. Heather Crower, our

[0:04:51] Trustee Patrick (probable): regional planning manager, will be joining us. And Marnie Egan, a planner,

[0:04:57] Trustee Patrick (probable): will be giving the presentation and so forth. Welcome, Marnie, and thank you to all of

[0:05:01] Trustee Patrick (probable): of you for being available this evening. So at this time, I'd like to acknowledge that we do

[0:05:07] Trustee Patrick (probable): have an agenda for this special meeting and I call upon my fellow trustees. Are there any changes or

[0:05:13] Trustee Patrick (probable): additions that need to be made to this agenda? Trustee Luckman.

[0:05:20] Trustee Luckham (probable): I just have two announcements

[0:05:23] Trustee Luckham (probable): of sorts just to report out on some local information that I'd like to provide while

[0:05:30] Trustee Luckham (probable): while we have a local audience, if that's possible,

[0:05:34] Trustee Luckham (probable): perhaps before we actually start

[0:05:36] Trustee Luckham (probable): the community information meeting up to you.

[0:05:38] Trustee Patrick (probable): Yes, I would suggest, yes,

[0:05:40] Trustee Patrick (probable): we could do it before the community information meeting

[0:05:42] Trustee Patrick (probable): and we may have some time

[0:05:45] Trustee Patrick (probable): while we wait to close out email receipt

[0:05:48] Trustee Patrick (probable): that you could repeat the information if it's pertinent

[0:05:51] Trustee Patrick (probable): and we have more people later in the meeting.

[0:05:53] Trustee Patrick (probable): So I think sharing information is a good thing

[0:05:56] Trustee Patrick (probable): so we can do it before

[0:05:57] Trustee Patrick (probable): you for and then I'll also welcome you to do it later thank you any

[0:06:02] Trustee Patrick (probable): other additions to the agenda

[0:06:04] Trustee Patrick (probable): with can we approve the agenda as amended through general consent I thank you

[0:06:09] Trustee Patrick (probable): very much okay with

[0:06:14] Trustee Patrick (probable): this we have first a community information meeting and planner Egan is going to bring us through a

[0:06:23] Trustee Patrick (probable): a presentation on the proposed bylaws,

[0:06:26] Trustee Patrick (probable): number 108 and 109.

[0:06:29] Trustee Patrick (probable): And we will, following her presentation,

[0:06:33] Trustee Patrick (probable): we will have an opportunity for you to ask questions.

[0:06:36] Trustee Patrick (probable): So I will again review what that period is all about,

[0:06:41] Trustee Patrick (probable): but at this time, I'd like to invite Planner Egan

[0:06:44] Trustee Patrick (probable): to give us the presentation.

[0:06:47] Trustee Luckham (probable): And Chair, when would you like me

[0:06:48] Trustee Patrick (probable): to present the information?

[0:06:50] Trustee Patrick (probable): I have that right here on my agenda.

[0:06:52] Trustee Patrick (probable): i'm going into robot mode i apologize um why don't you uh go ahead um trusty luckham okay thank you

[0:07:00] Trustee Luckham (probable): chair um just for community information uh benefit um as the timing has been uh problematic uh with

[0:07:07] Trustee Luckham (probable): getting a message out to the community some of you are aware that there's been quite a bit of

[0:07:13] Trustee Luckham (probable): conversation around providing fiber optic service to uh cetus island and um there's two things of

[0:07:19] Trustee Luckham (probable): of interest for you.

[0:07:20] Trustee Luckham (probable): A motion that was conducted by RWM just last week

[0:07:24] Trustee Luckham (probable): to support efforts by all parties.

[0:07:35] Trustee Luckham (probable): With respect

[0:07:36] Trustee Luckham (probable): to fiber optic delivery.

[0:07:40] Trustee Luckham (probable): I'm asked that reads that the, yes.

[0:07:47] Trustee Luckham (probable): One, two, three.

[0:07:48] Trustee Patrick (probable): Trustee Luckom, I think if you'd turn your video off,

[0:07:50] Trustee Patrick (probable): I think you're having, there's issues there.

[0:07:53] Trustee Patrick (probable): If you could turn your video off,

[0:07:54] Trustee Patrick (probable): you might have improved your sound.

[0:08:02] Voice 4: Can

[0:08:03] Trustee Luckham (probable): you hear me now?

[0:08:04] Trustee Patrick (probable): I can.

[0:08:06] Voice 4: Yes.

[0:08:08] Trustee Luckham (probable): Okay, I'll try again then.

[0:08:10] Trustee Luckham (probable): The Thetis Island

[0:08:10] Trustee Luckham (probable): Local Trust Committee

[0:08:11] Trustee Luckham (probable): expressed support for efforts to attract funding

[0:08:14] Trustee Luckham (probable): to provide internet connectivity

[0:08:16] Trustee Luckham (probable): to all homes on Thetis Island

[0:08:18] Trustee Luckham (probable): by requesting staff to draft letters

[0:08:20] Trustee Luckham (probable): to be signed by the chair

[0:08:21] Trustee Luckham (probable): on behalf of the local trust committee

[0:08:23] Trustee Luckham (probable): to advise the Thetis Island

[0:08:25] Trustee Luckham (probable): Economic Enhancement Corporation

[0:08:27] Trustee Luckham (probable): The Cowichan Valley Regional District, the Strathcona Regional District, and the Minister of Citizen Services of the Local Trust Committee's interest and that it supports funding for fiber connection to Thetis Island, as well as funding for Internet Service Provider, ISP, supported last mile fiber connections to all homes on Thetis Island, including advising the Cowichan Valley Regional District that the Local Trust Committee supports their interest in providing the 10% funding to Thetis Island.

[0:08:57] Trustee Luckham (probable): requirement by community for a Government of Canada Universal Broadband Fund grant.

[0:09:04] Trustee Luckham (probable): That motion will be publicized shortly. It just happened the other day. The other piece of

[0:09:10] Trustee Luckham (probable): information is that the Cowichan Valley Regional District, in support of this last mile internet

[0:09:15] Trustee Luckham (probable): connectivity. Due to the closing date of the funding requirement, which is February the 15th,

[0:09:28] Trustee Luckham (probable): we only have 10 days remaining. They have scheduled a hall, electronically, unfortunately,

[0:09:34] Trustee Luckham (probable): for all Fetus Island residents on Thursday, that's this Thursday, February the 4th,

[0:09:39] Trustee Luckham (probable): at 6.30 p.m. to explore what it is that's happening with respect to this opportunity

[0:09:45] Trustee Luckham (probable): that's before us and there'll be an opportunity to ask questions. I believe that that's going to

[0:09:51] Trustee Luckham (probable): be chaired by the CAO of the Cowichan Valley Regional District and supported by the Economic

[0:09:58] Trustee Luckham (probable): Enhancement Development Division of the Regional District. And please encourage you all to share

[0:10:05] Trustee Luckham (probable): this information and attend this meeting at 6.30 on Thursday this week to find out what's going on.

[0:10:13] Trustee Luckham (probable): So I appreciate your support for this project.

[0:10:16] Trustee Luckham (probable): That's it from me.

[0:10:17] Trustee Patrick (probable): Thank you, Chair Luckum.

[0:10:20] Trustee Patrick (probable): Now I'd like to introduce Planner Egan

[0:10:22] Trustee Patrick (probable): to give us a presentation on the development permit area

[0:10:25] Trustee Patrick (probable): and the proposed bylaws number 108 and 109.

[0:10:27] Trustee Patrick (probable): So welcome Planner Egan.

[0:10:30] Voice 11: Thank you, Chair Patrick and welcome attendees.

[0:10:36] Voice 11: And I'm just going to put this up here for a moment

[0:10:40] Voice 11: just to say that the community information meeting

[0:10:42] Voice 11: starting at 6 30 and the public hearing at 7 30 as chair patrick has mentioned and um can you see

[0:10:50] Voice 11: this slide uh great so during the cim the community information meeting i will provide

[0:11:02] Voice 11: an overview of the riparian areas project including the work completed up to today

[0:11:08] Voice 11: i'll spend most of the time on the proposed riparian areas development permit area

[0:11:11] Voice 11: and proposed amendment bylaws number 108 and 109.

[0:11:17] Voice 11: I'll also review the legislative process to amend the Thetis OCP,

[0:11:23] Voice 11: the official community plan and the land use bylaw,

[0:11:25] Voice 11: and summarize the next steps the LTC can consider post-public hearing.

[0:11:31] Voice 11: And then the chair will facilitate questions and answers,

[0:11:34] Voice 11: and the questions can be answered by planning staff or trustees.

[0:11:38] Voice 11: So, as you may already all know, this is a top priority project of the Thetis Local Trust Committee.

[0:11:53] Voice 11: Implementing the Riparian Areas Protection Regulation, the provincial regulation, is a requirement of all local governments in BC.

[0:12:00] Voice 11: Almost all of the islands in the Islands Trust Area are compliant.

[0:12:05] Voice 11: Thetis and some associated islands in the Gambier Local Trust Area are close to becoming compliant.

[0:12:11] Voice 11: All of the information related to this project has been posted to the project web page, including staff reports, presentations, correspondence, proposed bylaw numbers 108 and 109, and all correspondence sent to the LTC over the course of the project has been received by the LTC.

[0:12:35] Voice 11: and any submissions received from the public during the public hearing notification period

[0:12:41] Voice 11: were added to the public hearing binder which is also available on the project web page so this

[0:12:52] Voice 11: this page summarizes the work completed on this project to date and i'd just like to highlight

[0:12:59] Voice 11: that there were some extended efforts over the years by staff to work with the primary

[0:13:05] Voice 11: landowner developer and strata primarily towards a covenant as that was the preference of the

[0:13:13] Voice 11: landowner developer and the strata the ltc was amenable to um this kind of atypical approach

[0:13:24] Voice 11: to implement the riparian areas regulation and also provided funds towards that end

[0:13:30] Voice 11: And however, Meadow Valley Strata and the property developer, they continued to assert that Ralston Creek was not a stream as defined in the provincial regulations, which continued to delay the project.

[0:13:49] Voice 11: The fact that the stream is a stream as identified by the provincial regulations was confirmed at a CIM in 2017 and by the subsequent third party qualified environmental professional review that was done in 2019.

[0:14:06] Voice 11: The LTC then decided to implement the provincial regulations by development permit area.

[0:14:13] Voice 11: The provincial regulations were amended and renamed in 2019 to the Riparian Areas Protection Regulation, and last year in July, the LTC gave first reading to the proposed development permit area.

[0:14:31] Voice 11: They've sent out referrals to agencies and First Nations, including the Thetis APC, and mailed out a plain language guide to all residents of Thetis Island ahead of today's CIM.

[0:14:43] Voice 11: and public hearing. So from there, I'll move on to explain the proposed development permit

[0:14:51] Voice 11: area and the bylaws. Before that, I'd just like to highlight that the current regulations

[0:15:00] Voice 11: in the Thetis land use bylaw provide some protection for streams and riparian habitat,

[0:15:06] Voice 11: and these regulations were adopted in 1997 and were put into place to ensure a minimum

[0:15:13] Voice 11: level of protection for riparian areas by prohibiting locating a building within 30.5

[0:15:19] Voice 11: meters of any stream. So this setback applies to all of Thetis Island. And what is proposed now is

[0:15:29] Voice 11: to increase the level of protection for riparian areas on Thetis Island by establishing the

[0:15:34] Voice 11: development permit area one, riparian areas, which is applicable only to Ralston Creek.

[0:15:41] Voice 11: and it's applicable to 30 meters on either side of the creek and for development within that area

[0:15:50] Voice 11: within that 30 meters a development permit is required before any activities can occur

[0:16:00] Voice 11: and the three the 30.5 meter setback for buildings will remain in effect for all of

[0:16:07] Voice 11: Fetus Island. So a better picture of the 30 meter area on either side of Ralston Creek.

[0:16:23] Voice 11: So the bylaws 108 and 109 were drafted to align with the newly amended riparian areas

[0:16:31] Voice 11: protection regulation and the recent work of the Gambier local trust committee.

[0:16:36] Voice 11: They're the most recent local trust committee to update their riparian areas development

[0:16:44] Voice 11: permit area and in that review it included extensive consultation with a

[0:16:50] Voice 11: qualified environmental professional with experience in the provincial

[0:16:55] Voice 11: regulations and it also included a legal review so we are including in the

[0:17:00] Voice 11: amendments the most up-to-date and relevant information available these

[0:17:04] Voice 11: these kinds of efforts help to keep bylaws across the trust up to a

[0:17:09] Voice 11: consistent standard. So

[0:17:13] Voice 11: bylaw 108 sets out amendments to the OCP by designating the new

[0:17:19] Voice 11: development permit area on Ralston Creek and it provides a context and rationale for the protection

[0:17:24] Voice 11: of streams that have been identified as potential fish habitat. Proposed bylaw 109 lists activities

[0:17:32] Voice 11: requiring a development permit. It also lists activities that are exempted and it sets out the

[0:17:39] Voice 11: guidelines that must be met before any development activities or subdivision occur.

[0:17:49] Voice 11: So what does this all mean for landowners who have land within the development permit area?

[0:17:54] Voice 11: This illustration illustrates the elements of the regulation, the provincial regulation,

[0:18:00] Voice 11: which must be incorporated into development permit area regulations. This is a requirement of the

[0:18:07] Voice 11: local uh it's a local governments are obligated to be consistent with the provincial regulations

[0:18:15] Voice 11: so if you propose to do land alterations construction or subdivision within 30 meters

[0:18:22] Voice 11: of the high water mark or the riparian area assessment area raa of a stream you must hire a

[0:18:31] Voice 11: qep and the qep is required to use provincially approved standardized reporting methodology

[0:18:38] Voice 11: to inventory the watercourse features and functions that must be protected

[0:18:41] Voice 11: and provide recommendations on how to mitigate potential impacts of development

[0:18:47] Voice 11: on the watercourse and the riparian area through the identification

[0:18:52] Voice 11: of a Streamside Protection and Enhancement Area, or SPIA for short.

[0:19:00] Voice 14: And

[0:19:01] Voice 11: they also prescribe measures that must be undertaken by the landowner

[0:19:08] Voice 11: during construction in order to protect the riparian area and the stream.

[0:19:17] Voice 11: So the province requires that the assessment report

[0:19:21] Voice 11: that is completed by the QEP or the Qualified Environmental Professional,

[0:19:27] Voice 11: that report must be

[0:19:29] Voice 13: submitted to the ministry.

[0:19:37] Voice 13: So does

[0:19:42] Voice 11: your activity require a development permit?

[0:19:44] Voice 11: permit. So the provincial regulation is intended to apply to new development. And so a development

[0:19:54] Voice 11: permit is required for proposed additions, removals, or alterations of soil or vegetation,

[0:20:04] Voice 11: any proposed addition, removal, or alteration of a building or structure,

[0:20:08] Voice 13: proposed

[0:20:15] Voice 11: creation of

[0:20:16] Voice 11: non-structural impervious or semi-impervious surfaces so that's referring to paved areas

[0:20:24] Voice 11: say for a parking or a walkway or semi-impervious is a change to the land that adds say for instance

[0:20:36] Voice 11: instance a gravel walkway or a gravel driveway or parking area. Subdivision is subject to a

[0:20:49] Voice 11: development permit and generally existing development can be maintained and repaired

[0:20:57] Voice 11: and is exempt from requiring a development permit and I'll go over those exemptions in more detail

[0:21:04] Voice 11: and how the development permit will work with subdivisions in more detail in other slides.

[0:21:09] Voice 11: So during the application process, a qualified environmental professional must conduct a science-based assessment of the proposed activities and delineate on a map the streamside protection and enhancement area to determine where development may take place or be restricted if it has a potential to damage vegetation or fish habitat.

[0:21:36] Voice 11: The QEP recommendations form part of the development permit issued by the Thetis Local Trust Committee.

[0:21:49] Voice 13: So, the

[0:21:53] Voice 11: assessment includes a no-disturbance area, like I mentioned, the streamside protection

[0:21:58] Voice 11: and enhancement area, or the area that's restricted from development.

[0:22:05] Voice 13: It

[0:22:07] Voice 11: may also include measures to remove invasive species, may also include fencing, requiring

[0:22:17] Voice 11: requiring fencing to protect the streamside protection and enhancement area or 30-meter setback.

[0:22:22] Voice 11: It may also include protection for species at risk.

[0:22:27] Voice 11: Tree protection, removal, or pruning measures may address windthrow issues,

[0:22:34] Voice 11: and it may also address potential drainage, driveway access, septic location, and lot configuration.

[0:22:49] Voice 11: So a QEP will delineate the area where no soil or vegetation disturbance can occur,

[0:22:56] Voice 11: So the SPIA, or the Streamside Protection and Enhancement Area, and the permit will delineate exactly what construction is permitted based on the QEP recommendations.

[0:23:15] Voice 11: So, for example, at the time of the building permit to the regional district, plans must match exactly what was approved by the development permit.

[0:23:24] Voice 11: The issuance of a development permit is contingent on the contents of the QEP's report, and an

[0:23:33] Voice 11: owner should not apply for a development permit until the QEP's report is complete, since

[0:23:37] Voice 11: the proposed development may have to undergo revisions based on that report.

[0:23:47] Voice 14: Development

[0:23:47] Voice 11: permits will be issued when the proposed development meets the guidelines

[0:23:51] Voice 11: and the land use bylaw and abides by the conditions described in the QEP report.

[0:24:04] Voice 11: So the proposed development permit area also includes subdivision guidelines

[0:24:10] Voice 11: as the area in and around Ralston Creek is still available for subdivision.

[0:24:20] Voice 11: And so there are a list of guidelines, and I'll go through them.

[0:24:27] Voice 11: so proposed development permit guidelines will also include those as they relate to the subdivision

[0:24:31] Voice 11: unless compliant with the qep report for ecological or for ecological reserve no land

[0:24:38] Voice 11: should be subdivided so as to create a new parcel boundaries intersecting or within 30 meters of the

[0:24:47] Voice 11: high water mark of a stream a development permit may designate areas that must remain free of

[0:24:55] Voice 11: development in accordance with the recommendations in a detailed assessment prepared by a qualified

[0:25:01] Voice 11: environmental professional and no subdivision plan should indicate the dedication or construction of

[0:25:08] Voice 11: a highway driveway access route or utility corridor of any kind within the 30 meters of a

[0:25:14] Voice 11: stream except in accordance with recommendations of a QEP and no subdivision plan should be designed

[0:25:20] Voice 11: in such a way that development activities would be likely to occur within 30 meters of the stream

[0:25:26] Voice 11: boundary unless the development will comply with the recommendations of the QEP. Okay, so there are

[0:25:36] Voice 11: a good list of exemptions in the development permit guidelines, and I'll just run through

[0:25:46] Voice 11: them here. And as I mentioned before, the provincial regulations and what they require

[0:25:53] Voice 11: require of local governments is that the Repairing Areas Regulation applies to new development.

[0:26:02] Voice 11: So things that are already, development that's already in existence, buildings and structures and

[0:26:12] Voice 11: landscaped areas are essentially grandfathered and can be maintained as such as long as they are not

[0:26:20] Voice 11: changed in any way or extended. So I'm just going to run through the specific exemptions that are

[0:26:30] Voice 11: listed in the proposed development permit area. Works authorized under Section 35 of the Fisheries

[0:26:40] Voice 11: Act. So this is an authorization that's given by Fisheries and Oceans Canada, and that would be

[0:26:48] Voice 11: to allow for a particular activity that may harm fish but that's something that the federal

[0:26:57] Voice 11: government would have to approve that's not a simple approval to obtain and this is something

[0:27:04] Voice 11: that comes from the provincial regulations as an exemption so repairs or other non-structural

[0:27:13] Voice 11: alterations or additions to a pre-existing building or other structure to the extent that it remains

[0:27:18] Voice 11: It remains on the existing foundation and does not alter, extend or otherwise increase the footprint, and it does not damage or destroy to the extent of 75%, and that's as per the Local Government Act with respect to grandfathering.

[0:27:40] Voice 11: Another exemption is the maintenance of an area of human disturbance.

[0:27:45] Voice 11: And this term, area of human disturbance, is defined in the riparian area protection regulation.

[0:27:58] Voice 11: And I just wanted to mention that I know that there's been some comments about agricultural activities and whether they're specifically exempt.

[0:28:13] Voice 11: and they are under this definition of area of human disturbance in the regulation.

[0:28:22] Voice 11: So it's included in this, and it's a part of the development permit area.

[0:28:27] Voice 11: And I want to also mention that agricultural activities are those that are defined by the regulation,

[0:28:37] Voice 11: and we are obliged to adhere to that.

[0:28:41] Voice 11: And agricultural activities specifically mean those that are protected under the Farm Protection Act, and that includes those activities that are on ALR land, agricultural activities that are on ALR land,

[0:29:07] Voice 11: And those agricultural activities that are allowed on designated areas specific for agricultural use.

[0:29:16] Voice 11: So that doesn't include things like a residential garden, specifically.

[0:29:28] Voice 13: And

[0:29:31] Voice 11: we can talk about that more in the question and answers.

[0:29:36] Voice 11: I'll just continue on with the exemptions.

[0:29:42] Voice 11: So another exemption is a repair or replacement of a septic field within the same area of

[0:29:47] Voice 11: land as the existing septic field, the removal of trees that have been examined by an international

[0:29:52] Voice 11: National Society Arbor, Arbor Cultural Certified Arborist and Certified in Writing to pose a threat

[0:29:59] Voice 11: to life.

[0:30:00] Voice 11: property, manual removal of invasive species and manual planting of native vegetation in

[0:30:07] Voice 11: accordance with a restoration plan prepared by a qualified environmental professional,

[0:30:15] Voice 11: pruning of a maximum of two trees in one growing season, emergency procedures to prevent and

[0:30:22] Voice 11: control or reduce immediate threats to life or property, and the construction of a one

[0:30:32] Voice 11: meter wide trail five meters away from the stream. So as I mentioned before the

[0:30:46] Voice 11: bylaws went out for referral to agencies and First Nations and this is what we

[0:30:51] Voice 11: have heard. So from the Cowichan Valley Regional District, the Islands

[0:30:56] Voice 11: Trust Conservancy and Salt Spring Island Local Trust Committee, they have

[0:31:01] Voice 11: responded that their interests were unaffected. Cowichan Tribes and the APC,

[0:31:07] Voice 11: the Thetis Island Advisory Planning Commission provided a response to say that they are supportive

[0:31:13] Voice 11: of the bylaws and LIAX and First Nation deferred to other First Nations whose title and governing

[0:31:22] Voice 11: authorities are affected and in terms of the public submissions received I've summarized them

[0:31:30] Voice 11: here and there are the ones that we've received just prior to the community information beginning

[0:31:39] Voice 11: so there's an interest in more clearly exempting cultural activity agricultural activities

[0:31:46] Voice 11: and an interest in acknowledging the human intervention on Ralston Creek a couple of

[0:31:54] Voice 11: submissions were unsupportive of the process or the and the development

[0:32:00] Voice 11: permit area and there was one submission that was supportive of the development

[0:32:06] Voice 11: permit area and bylaws so on the left on this slide is the status of the proposed

[0:32:15] Voice 11: bylaws the green bylaws indicate the work completed with respect to the

[0:32:19] Voice 11: legislative amendment process so bylaws were given first reading in July then

[0:32:24] Voice 11: then referred out to agencies and First Nations followed by a mail-out guide to the proposed

[0:32:28] Voice 11: development permit area. We are at the gold box with a community information meeting and the next

[0:32:37] Voice 11: steps are in blue. After the public hearing today the LTC will consider giving further readings

[0:32:46] Voice 11: and on the right hand side I've provided a summary of the options that are available to

[0:32:54] Voice 11: the local trust committee after the public hearing so the local trust committee could

[0:32:59] Voice 11: give second and third readings to bylaws as presented after the public hearing

[0:33:04] Voice 11: the ltc could defer any further consideration until next week's ltc business meeting

[0:33:11] Voice 11: the ltc could amend the bylaws with no changes to use or density and then give further readings

[0:33:20] Voice 11: the local trust committee could also amend the bylaws with significant changes to use or density

[0:33:25] Voice 11: and proceed to a public uh proceed to a subsequent public hearing the ltc could also request more

[0:33:31] Voice 11: information but um staff just want to note that that may trigger a subsequent public hearing

[0:33:37] Voice 11: the ltc also may proceed no further and in that case the bylaws would be defeated

[0:33:50] Voice 13: questions all

[0:33:51] Trustee Patrick (probable): right well thank you very much planner egan so this is your opportunity to

[0:33:57] Trustee Patrick (probable): to seek clarification and have questions about the new bylaws. This is not the time to speak

[0:34:03] Trustee Patrick (probable): your opinion of do you like them or not like them. That will be during the public hearing.

[0:34:08] Trustee Patrick (probable): So this is, like I said, a period for you to ask for clarifying questions and to understand these

[0:34:14] Trustee Patrick (probable): bylaws that are before you. So I hope that understands this period in the meeting this

[0:34:19] Trustee Patrick (probable): evening. So if you would like to speak to us regarding questions, you need to raise your

[0:34:28] Trustee Patrick (probable): digital hand. At the center of your screen, there will be a hand icon that you can click,

[0:34:34] Trustee Patrick (probable): and that will bring our attention. If you phoned in, it's star nine, and then it's star six to

[0:34:42] Trustee Patrick (probable): unmute. And please be reminded, anyone that is live streaming the meeting, and you did want to

[0:34:48] Trustee Patrick (probable): ask questions or speak to us later in the public hearing you need to join us electronically via the

[0:34:55] Trustee Patrick (probable): links for the zoom or the or the phone that are provided on the website if you go to the island

[0:35:01] Trustee Patrick (probable): stress website to the thetis page to the schedule you can find that information there so at this

[0:35:08] Trustee Patrick (probable): time i see that we have a hand up from stephanie will if you could activate stephanie if you take

[0:35:15] Trustee Patrick (probable): yourself off mute.

[0:35:17] Voice 2: Can you hear me? Yes we can. Good evening. Good evening. Thanks Marnie for

[0:35:24] Voice 2: your presentation. I just have a couple of questions because I heard a bit of what I

[0:35:31] Voice 2: felt was contradictory information around agriculture in that you first mentioned human

[0:35:39] Voice 2: disturbance as um being exempt so any maintenance of area that's already been disturbed but then

[0:35:48] Voice 2: if that included agriculture then it would be exempt but not within the right to farm act as i

[0:35:59] Voice 2: rather as an exemption under human disturbance that's my first question and then i have another

[0:36:07] Voice 2: one but i don't know if you want to answer that first sure why

[0:36:09] Trustee Patrick (probable): don't we take your questions one

[0:36:10] Trustee Patrick (probable): at a time that would be okay good marnie are you able to answer that question

[0:36:14] Voice 11: just if you could

[0:36:16] Voice 11: repeat that again stephanie yeah

[0:36:20] Voice 2: so you were talking we were talking about um mentioning

[0:36:22] Voice 2: the concern about agriculture and um you know raising crops and um sort of small-scale

[0:36:29] Voice 2: agriculture that we are you know actively supportive of in our community and um and

[0:36:36] Voice 2: And you mentioned that as a human disturbance, it was exempt, like an existing human disturbance,

[0:36:44] Voice 2: but not under the Right to Farm Act because it's not considered agricultural land.

[0:36:49] Voice 2: So it felt like I couldn't tell whether you were saying the way that's being used for agriculture right now is OK or not.

[0:36:56] Voice 2: It wasn't clear.

[0:36:59] Voice 11: OK, so I can provide some clarity around that.

[0:37:01] Voice 11: So if, for example, there are gardens existing within the 30-metre riparian area assessment area, they can continue as such.

[0:37:13] Voice 11: And what I understand from the ministry is that, you know, if you've got lawn, for example,

[0:37:21] Voice 11: if you were going to convert that lawn within the 30 metres of the stream, the riparian area assessment area,

[0:37:31] Voice 11: If you were going to convert that lawn to, say, some garden area, that's something that, you know, if depending on the scale of the change, that's something that would be allowable as a maintenance of that area of human disturbance.

[0:37:53] Voice 11: But if the scale kind of grew to accommodate like raised beds with wooden boxes and gravel for walkways and maybe some other infrastructure, that might be considered as something that's not maintaining, but you're actually changing it.

[0:38:18] Voice 11: so in that case we'd have to consider that a development permit application might be required

[0:38:25] Voice 11: in that case and i think we'd have to you know between the planner and um the landowner we would

[0:38:31] Voice 11: have to have a discussion about the details of that in order to figure out um whether a development

[0:38:38] Voice 11: permit would be required so that's one end of it so that's for something that's existing

[0:38:44] Voice 11: and and how it can be maintained without requiring a development permit so the other element of this

[0:38:53] Voice 11: that comes from the provincial regulations is that outrightly as a part of of normal farm practice

[0:39:09] Voice 11: practice, agricultural activities as a normal farm practice are exempt from the riparian area

[0:39:21] Voice 11: regulations. And that comes under Section 1 of the Farm Practices Protection Act.

[0:39:30] Voice 11: It has the same meaning as Section 1 of the Farm Practices Protection Act. And within that act,

[0:39:38] Voice 11: That act defines what that means, and that's basically that it's a functioning farm or you're intending to function as a farm, either in the ALR or in an area that is designated for agricultural use specifically.

[0:40:05] Voice 11: specifically, and that that farm is a farm as defined in the Farm Practices Protection Act.

[0:40:16] Voice 11: So I hope that answers your question. Stephanie, did

[0:40:23] Trustee Patrick (probable): you have a second question?

[0:40:25] Voice 2: Yeah, I have a few thoughts around the requirement to have a qualified environmental professional

[0:40:33] Voice 2: professional approved plan to do invasive plant species removal and planting of native plants

[0:40:41] Voice 2: because we do have you know an ongoing concern with invasive plants in the in the area and

[0:40:49] Voice 2: have been active in trying to to steward the area and keep it natural and and reduce the

[0:40:57] Voice 2: encroachment of invasive plants and so it um it does strike me as as um being questionable that

[0:41:05] Voice 2: need to have a plan from a qep in that regard so i'm not sure if there's any way to consider that

[0:41:13] Voice 2: um particular detail again

[0:41:18] Trustee Patrick (probable): i'll look to you so this is

[0:41:24] Voice 11: um this is a provision that we've put in

[0:41:32] Voice 11: there and we've added qualified environmental professionals so that it's that we're assured

[0:41:40] Voice 11: that the manual removal of invasive species is done and the and the planting manual planting

[0:41:48] Voice 11: of native vegetation is done with somebody who has some experience in that and that's that's why

[0:41:56] Voice 11: that is in there so we're just hoping that we're bringing it up to a standard so that um the

[0:42:03] Voice 11: the removal of invasive species is done in accordance with standards and the same with

[0:42:07] Voice 11: manual planting of native vegetation.

[0:42:11] Voice 2: Okay, so I work in the conservation restoration

[0:42:15] Voice 2: field, and I actually do a lot of restoration work, but I'm not a qualified environmental

[0:42:20] Voice 2: professional. And I can do this work elsewhere in riparian areas, but I feel like it seems

[0:42:26] Voice 2: seems questionable that you can't do it here so just i'm

[0:42:34] Voice 11: i'm i'm i don't think that this provision

[0:42:39] Voice 11: would prevent you if you have expertise in this from from providing a plan in this regard but it's

[0:42:52] Voice 2: not according to the bylaw it wouldn't it would be in on in compliance is so it doesn't make it

[0:42:59] Voice 2: it seemed like the efforts that you would want to take proactively with the experience that you have

[0:43:04] Voice 2: would suddenly be like a risk that you're not in compliance with the bylaw. And so it actually

[0:43:09] Voice 2: prevents active restoration, in my view, or the desire to do that. So I'm just, I feel, I just

[0:43:17] Voice 2: feel it's, it may be pushing myself and landowners away from actively engaging in restoration work.

[0:43:25] Voice 2: that's and that's a concern thank

[0:43:33] Trustee Patrick (probable): you stephanie any do you have another question um no that's

[0:43:41] Trustee Patrick (probable): good for me thank you i thank you i see that wayne has his hand raised will if you can activate this

[0:43:49] Trustee Patrick (probable): microphone take yourself off of mute lane can

[0:44:00] Voice 1: you hear me now yes

[0:44:01] Trustee Patrick (probable): we can yeah

[0:44:03] Voice 1: i question whether

[0:44:04] Voice 1: the designation of a riparian area is restricted only to fish habitat potential

[0:44:09] Voice 1: potential, what is the rationale behind that and why are we not including all the other

[0:44:16] Voice 1: 10,000 invertebrates that might be found in that riparian area?

[0:44:27] Trustee Patrick (probable): Again, Marnie.

[0:44:29] Trustee Patrick (probable): Sure,

[0:44:29] Voice 11: I can speak to this and it may come to, I might direct over to the trustees.

[0:44:38] Voice 11: So that's a good question.

[0:44:40] Voice 11: And so the local trust committees had an option to either comply with the riparian areas regulation, which is very much directed at fish and fish habitat.

[0:44:58] Voice 11: So the trustees had an option to comply with the riparian areas regulation, or they had an opportunity to exceed the regulations, which means that they could have employed a development permit that not only protected riparian areas for the purposes of supporting fish habitat,

[0:45:27] Voice 11: but they could have also went forward and identified that this is also providing protection for other species as well.

[0:45:43] Voice 1: And so their choice has been to go strictly with the fish habitat.

[0:45:48] Trustee Patrick (probable): Wayne, I think you were just breaking up there a bit. Can you try that again?

[0:45:51] Voice 1: Okay, so the choice then by the LTC has been to go with the regulations which require only that it meet fish habitat.

[0:46:03] Voice 11: Well, I mean, in the proposed development permit area, the impetus for it and the reason behind it is to provide protection for fish habitat, potential fish habitat.

[0:46:23] Voice 11: And that's the reason for the riparian areas regulation.

[0:46:28] Voice 11: local governments are required to implement it and along with the protection of the fish

[0:46:40] Voice 11: habitat it also helps to protect other species and other attributes of the riparian area but

[0:46:51] Voice 11: but specifically this development permit area

[0:46:57] Voice 11: is aimed at protecting fish habitat.

[0:47:08] Voice 1: Right, I guess I can only say that's a shame.

[0:47:18] Trustee Patrick (probable): Any other questions, Wayne?

[0:47:23] Voice 1: No, I guess, is there an opportunity

[0:47:25] Voice 1: to make a comment later on?

[0:47:27] Trustee Patrick (probable): Yes, there will be the public hearing part

[0:47:30] Trustee Patrick (probable): where you'll have an opportunity to state your opinions

[0:47:33] Trustee Patrick (probable): on the on the bylaws okay

[0:47:36] Voice 1: thank you for that and i think maureen has something she would like to ask

[0:47:39] Voice 1: um

[0:47:40] Trustee Patrick (probable): all right thank

[0:47:41] Voice 9: you for that um i'm just a bit curious about stephanie's first question

[0:47:46] Voice 9: and the farming act which i'm not familiar with would that then permit goats and chickens and

[0:47:51] Voice 9: animals etc to be allowed to graze in that meter zone along the stream

[0:48:01] Trustee Patrick (probable): marnie again yeah my

[0:48:04] Voice 11: My understanding from the province is that if it's existing already and you're maintaining

[0:48:09] Voice 11: that in some way within the 30-meter riparian area, then it can continue to be maintained

[0:48:19] Voice 11: as such.

[0:48:21] Voice 11: Should you want to change that particular activity to something that's a greater scale,

[0:48:34] Voice 11: then there may need to be a discussion about whether a development permit may be required.

[0:48:45] Voice 9: So if it isn't happening now, it would not be permitted?

[0:48:51] Voice 11: Correct. For that particular area, it's not in the ALR.

[0:48:56] Voice 11: I mean, unless it is a farm that's already, as it's defined in the Farm Practices Protection Act,

[0:49:02] Voice 11: which I don't think there are any farms in that area like that, but I could be wrong.

[0:49:10] Voice 11: But if it falls under that, then it is exempt, but it still has to meet that definition of the Farm Practices Protection Act.

[0:49:23] Voice 11: And that's straight from the Provincial Riparian Areas Protection Regulation.

[0:49:28] Voice 11: We have to follow these rules.

[0:49:33] Voice 9: So originally that land was in the ALR.

[0:49:37] Voice 9: Has that changed?

[0:49:38] Voice 9: change i have a long memory but i haven't been keeping up with things so

[0:49:45] Voice 11: are you my understanding

[0:49:46] Voice 11: is that it's not in the alr no thank

[0:49:51] Trustee Patrick (probable): you thank you maureen any other questions from wayne marine

[0:49:55] Trustee Patrick (probable): oh i see trustee yeah

[0:49:57] Trustee Luckham (probable): um the planner egan provided the opportunity to comment on

[0:50:04] Trustee Luckham (probable): wayne's question earlier and um about the nature of the development permit and i think it's i

[0:50:12] Trustee Luckham (probable): ponder i'll just say to wayne that i've pondered that question quite a lot and certainly to do a

[0:50:19] Trustee Luckham (probable): higher level of uh restrictions um has multiple aspects associated with it but what's interesting

[0:50:29] Trustee Luckham (probable): to note, I think, which has given me some comfort, and it might help, is that that riparian area

[0:50:38] Trustee Luckham (probable): is typically understood to actually, in protecting the riparian area, actually protects 75% of all

[0:50:47] Trustee Luckham (probable): the other animals that use that area, because the riparian area, because of the moisture and

[0:50:54] Trustee Luckham (probable): And the habitat that's there is a corridor for a significant percentage, and 75% is the number that I'm aware of, of all of those other animals that are on the island that use that area.

[0:51:08] Trustee Luckham (probable): And so by default, by protecting that area, we are providing some level, not complete protection for all of those other species that exist in that habitat.

[0:51:19] Trustee Luckham (probable): that. And I think that's worth noting, but certainly sympathetic, Wayne, with wanting to

[0:51:24] Trustee Luckham (probable): provide more protection, but we have to balance things out.

[0:51:29] Voice 1: So can I ask one more thing? Yes,

[0:51:32] Trustee Patrick (probable): you may, please.

[0:51:33] Voice 1: So does that apply only to Ralston Creek or does it also apply to the rest

[0:51:38] Voice 1: to the riparian areas on the island?

[0:51:45] Trustee Patrick (probable): I was going to say, I can.

[0:51:47] Trustee Patrick (probable): Planner Egan, please.

[0:51:48] Voice 11: Yep.

[0:51:49] Voice 11: So it only applies to Ralston Creek.

[0:51:51] Voice 11: And this was, Ralston Creek was the one creek on Thetis Island

[0:52:00] Voice 11: that was assessed early on by the Ministry of Environment

[0:52:04] Voice 11: as a potential stream as a stream that had potential to support fish and and that was

[0:52:13] Voice 11: the impetus for um having the qualified environmental professional come out and

[0:52:20] Voice 11: assess that stream and they confirmed that indeed it was a stream as defined by the

[0:52:27] Voice 11: riparian areas regulation as a stream so um that's the focus of this development permit specifically

[0:52:39] Voice 1: thank you all right

[0:52:40] Trustee Patrick (probable): thank you any further questions mind marine no all right i see

[0:52:46] Trustee Patrick (probable): ian ralston has his hand up here ian if you could take yourself there yes we can hear you

[0:52:55] Trustee Patrick (probable): um

[0:52:56] Voice 3: you can hear me

[0:52:57] Trustee Patrick (probable): yes uh

[0:52:59] Voice 3: i had a couple of questions one of them again was related to

[0:53:04] Voice 3: agriculture when i purchased the land here and ever since it has been my understanding

[0:53:10] Voice 3: that agriculture was a permitted use in the r2 zone and i consider that some of the activities

[0:53:27] Voice 3: that do occur in the watershed are agricultural in nature,

[0:53:35] Voice 3: both on my property and neighboring properties.

[0:53:38] Voice 3: And I think that a very narrow definition of agriculture

[0:53:43] Voice 3: doesn't really suit Cetus Island terribly well.

[0:53:47] Voice 3: So do you see it, is it, am I correct in my understanding

[0:53:54] Voice 3: that agriculture is a permitted use in this zone?

[0:53:57] Voice 3: So

[0:53:59] Voice 11: you're right, Ian.

[0:54:02] Voice 11: It is a permitted accessory use to residential.

[0:54:07] Voice 11: And my understanding from the provincial government

[0:54:14] Voice 11: and from the riparian areas protection regulation

[0:54:18] Voice 11: is that it's about the activity itself.

[0:54:25] Voice 11: If it's an agricultural activity as defined

[0:54:30] Voice 11: by the farm practices protection act that's really what it comes down to is it a normal

[0:54:40] Voice 11: farm practice and

[0:54:43] Voice 3: that would include aquaculture um

[0:54:49] Voice 11: i'm not sure about that

[0:54:56] Voice 11: on

[0:54:58] Voice 3: the farm practices protection website it appears to suggest it does sure

[0:55:03] Voice 11: the reason i

[0:55:04] Voice 11: I ask

[0:55:04] Voice 3: this because the water license here includes aquaculture as one of the designated uses for the water license.

[0:55:16] Voice 11: Right. So I can speak to that.

[0:55:20] Voice 11: So the riparian areas protection regulation only applies to the upland portion of the land outside of the creek bed.

[0:55:34] Voice 11: So it only applies to the area above the high water mark. What you're talking about is something that is regulated by the Water Sustainability Act, I believe, and perhaps by the Farm Practices Protection Act in terms of aquaculture.

[0:55:58] Voice 11: So in order to conduct any of those activities in the stream bed, you must have authorization from the province for works in and about a stream under the Water Sustainability Act.

[0:56:20] Voice 11: And I understand that you have licenses already, so you've got approvals for the use of that water by the province.

[0:56:37] Trustee Patrick (probable): but not necessarily

[0:56:38] Trustee Patrick (probable): permission for the activity if you were to do aquaculture.

[0:56:42] Trustee Patrick (probable): Is that what you're – that would be

[0:56:44] Trustee Patrick (probable): potentially a separate permit from the province.

[0:56:46] Voice 11: That's right.

[0:56:47] Voice 11: That's a whole other discussion that really has nothing to do with the riparian areas regulation.

[0:56:53] Trustee Patrick (probable): Yeah.

[0:56:54] Trustee Patrick (probable): Thank you, Ian.

[0:56:55] Voice 3: Thank you very much.

[0:56:56] Trustee Patrick (probable): Any other questions, Ian?

[0:56:58] Voice 3: Well, I must admit, I guess I did not read the thing carefully enough in the past,

[0:57:03] Voice 3: But seeing what you have there about subdivisions, as you're aware, the only subdivision that's likely to happen in this area is the phase strata development, which is already planned, in which you have a copy of the plan for phase three.

[0:57:20] Voice 3: Within that phase three, there is a conservation covenant area, which covers part of this water course.

[0:57:28] Voice 3: In order to keep that conservation covenant within the strata of common property, the subdivision involves two property lines, or actually maybe three or four property lines, I guess, if you go line by line, which do intersect the defined riparian area.

[0:57:52] Voice 3: so is it absolutely necessary to have that wording in there because if we as far as I can see it

[0:58:05] Voice 3: would be very impractical to fulfill my obligations under the phase strata plan

[0:58:13] Voice 3: if I could not put these lines where they've been shown so is there a particular reason that

[0:58:24] Voice 3: that wording is in there or yeah

[0:58:28] Voice 11: there is a reason why it's been included and we've come

[0:58:34] Voice 11: to understand as we have implemented the riparian areas regulation across the trust is that in some

[0:58:41] Voice 11: instances when subdivisions are proposed the lot configuration is such that it's it's going to

[0:58:50] Voice 11: require mitigating measures on a stream in the future because of how the lots have been

[0:58:58] Voice 11: the lot lines have been assigned and so the the development permit guidelines specific to

[0:59:09] Voice 11: subdivision are there to help guide it so that prevents that in the future and

[0:59:17] Voice 11: And the QEP, I'm just going to look at that section, J

[0:59:27] Trustee Patrick (probable): and K, yeah, so

[0:59:37] Voice 11: H, I guess, land

[0:59:39] Voice 11: should not be subdivided so as to create new parcel boundaries intersecting or within 30

[0:59:44] Voice 11: meters of the stream boundary unless the parcel boundary is being created for an ecological

[0:59:48] Voice 11: reserve or dedication to the crown or the subdivision complies with the recommendations

[0:59:54] Voice 11: foundations of a QEP.

[0:59:57] Voice 11: So, we

[1:00:00] Voice 11: The riparian areas regulation is based on a professional reliance model.

[1:00:07] Voice 11: And this is when we turn to the QEPs to say, can you help us decide if this is the best way forward for this subdivision in terms of any impact on the stream and the riparian area?

[1:00:25] Voice 11: So that's why it's in there.

[1:00:31] Voice 3: So, I guess my question, though, is that provision essential in order to satisfy the riparian area protection regulation, or is it one that you could reasonably remove in this case because the subdivision of the area is already proposed, the plan's already been submitted, it's pretty clear what it is.

[1:00:56] Voice 3: um you know is it is is this an essential provision to meet the provincial requirements

[1:01:06] Voice 3: or is it a an extra provision that the islands trust thinks is a good idea generally

[1:01:13] Voice 3: i guess that's my question it's

[1:01:17] Voice 11: the latter yeah it's islands trust decided that this is

[1:01:21] Voice 11: Is something useful to have in areas that have subdivision potential?

[1:01:30] Voice 11: Just to help guide that development in those sensitive areas.

[1:01:35] Voice 3: So I guess really then my question was,

[1:01:40] Voice 3: given that this is already an existing planned phased development

[1:01:46] Voice 3: with the plans in your hands,

[1:01:49] Voice 3: is it really necessary here on Cetus Island?

[1:01:53] Trustee Patrick (probable): I think, and that's, I think you're crossing,

[1:01:56] Trustee Patrick (probable): this is probably a good comment for the public hearing.

[1:01:59] Trustee Patrick (probable): Okay, sure.

[1:02:00] Trustee Patrick (probable): If that's all right,

[1:02:01] Trustee Patrick (probable): I think that's an appropriate statement

[1:02:03] Trustee Patrick (probable): to make in the public hearing.

[1:02:05] Voice 3: Sure, I just have one other question,

[1:02:07] Voice 3: I guess really then was,

[1:02:10] Voice 3: these days it takes about two months

[1:02:16] Voice 3: to get a riparian area report registered with the province.

[1:02:22] Voice 3: I guess I think everybody involved might find it useful to know what sort of typical timeline

[1:02:31] Voice 3: there might be for getting a development permit through the honest trust so once you have the

[1:02:39] Voice 3: QEP report and so on how long does that typically take and what does it cost I guess is the other

[1:02:46] Voice 3: question that's

[1:02:49] Trustee Patrick (probable): a planner egan yes

[1:02:52] Voice 11: so typically depending on how busy we are an application for

[1:02:57] Voice 11: a development permit um and depending on how the local trust committee meetings are spaced

[1:03:03] Voice 11: it's a two to three months but that's at the point um at which we have all of the information

[1:03:11] Voice 11: to go forward with if there's missing information that may delay the process

[1:03:15] Voice 11: and at the same time I'm just going to bring up the fees bylaw I

[1:03:28] Trustee Patrick (probable): can add in

[1:03:29] Trustee Patrick (probable): that any development permit decision of the of the local trust committee it's

[1:03:33] Trustee Patrick (probable): not discretionary if you've met the guidelines it's not a discretionary

[1:03:39] Trustee Patrick (probable): decision on our part we would have to say you didn't meet a guideline with

[1:03:44] Trustee Patrick (probable): with and not just say we don't like it it has to be specific reason yes

[1:03:53] Voice 11: so a development permit

[1:03:54] Voice 11: in respect of a protection area which this one is for it's 550 dollars okay

[1:04:06] Trustee Patrick (probable): ian any other questions

[1:04:08] Trustee Patrick (probable): oh that's great thank you so much all right thank you so much anyone else that has any

[1:04:11] Trustee Patrick (probable): questions or comments in regard to the bylaws this evening

[1:04:14] Trustee Luckham (probable): chair can i ask a question with

[1:04:17] Trustee Luckham (probable): with respect to the last question there? Absolutely. That's an interesting thing that

[1:04:24] Trustee Luckham (probable): Ian's brought up. And given that other activity disturbances and the like that are in place

[1:04:35] Trustee Luckham (probable): already and are exempt, given that this is a registered plan, and I'm not sure the status of

[1:04:44] Trustee Luckham (probable): of it. And I guess it would be good if it was completed. Is there no ability to recognize that

[1:04:52] Trustee Luckham (probable): that plan is in place and that only any future changes associated with that plan could be

[1:05:00] Trustee Luckham (probable): considered under that authority, I guess is maybe what that is. Could you just, I'm refraining from

[1:05:09] Trustee Luckham (probable): using the word grandfather anyway go ahead through the chair yeah

[1:05:16] Voice 11: okay so my understanding

[1:05:21] Voice 11: and correct me if i'm wrong in that the the plan that you're talking about is for phase three

[1:05:28] Voice 11: and there is also a phase four to come is that i believe that's correct so the one the plan that

[1:05:36] Voice 11: you're referring to now the phase three the one that's been submitted has been reviewed it's gone

[1:05:43] Voice 11: to the ministry of transportation and there are conditions that need to be met um and my

[1:05:54] Voice 11: recollection is that as a part of that there was a development uh there was a um qep report that

[1:06:05] Voice 11: was already completed and you also have a covenant in place. So I would have to take

[1:06:20] Voice 11: a look at that application more closely. It's not been active for a while to answer your

[1:06:31] Voice 11: specific questions about what might happen if a development, I think what your question

[1:06:36] Voice 11: is is what would happen if a develop if this development permit came into place what would

[1:06:41] Voice 11: you need to be meeting in regards to that and i would i'd have to take a look at your application

[1:06:49] Voice 11: it's been a while peter did i answer your question you want can you have clarity there yeah i guess

[1:06:56] Voice 15: oh

[1:06:57] Trustee Patrick (probable): sorry ian's been i

[1:07:01] Trustee Luckham (probable): guess um it's it's obviously not clear to you as to whether or not

[1:07:05] Trustee Luckham (probable): there would be a grandfathered opportunity there given that the plan is in for approval

[1:07:15] Trustee Luckham (probable): to the ministry right

[1:07:20] Trustee Patrick (probable): ian do you have any information yeah

[1:07:24] Voice 3: i i think

[1:07:25] Voice 3: peter and marnie characterized it correctly the plan is with ministry of highways

[1:07:33] Voice 3: Anyways, and at the time when I changed the phase strata plan, registering a new form P, I got a QEP report at that time, because it seemed like that might be part of the process.

[1:07:56] Voice 3: as i understand it i mean the the plan in the form p is the same as the proposed subdivision

[1:08:07] Voice 3: plan so there's no sort of surprises lurking in the new plan or anything like that that's all

[1:08:13] Voice 3: existing um and i mean certainly the um the way in which the subdivision was laid out

[1:08:23] Voice 3: was specifically intended to respect this covenant area around the fan there. So, you know, the QEP

[1:08:35] Voice 3: had basically no measures, no recommendations, all of the physical works are already completed. So

[1:08:44] Voice 3: basically, they just, as far as I recall, they just asked for a post development monitoring

[1:08:52] Voice 3: or something right like i think they always say they have to have a report afterwards so that you

[1:08:59] Voice 3: know that's the situation with that um yeah i don't mean some sort of special pleading here

[1:09:05] Voice 3: but definitely i've raised expectations as to what the common property is going to be in this

[1:09:11] Voice 3: phase and um i would like to go along with that and i'd like to make sure that covenant is protected

[1:09:18] Voice 3: in the common property appreciate

[1:09:23] Trustee Patrick (probable): the the clarity in thank you

[1:09:26] Voice 4: any further

[1:09:28] Trustee Patrick (probable): questions this is the community information meeting and in a moment

[1:09:34] Trustee Patrick (probable): we'll move to the public hearing if I have no further questions just want to

[1:09:39] Trustee Patrick (probable): make sure I'm giving ample time not seeing any further questions I'll look

[1:09:49] Trustee Patrick (probable): to my fellow trustees are you satisfied the community information meeting and we

[1:09:55] Trustee Patrick (probable): we could move to the public hearing.

[1:09:58] Trustee Patrick (probable): I'm seeing nods from

[1:09:59] Trustee Patrick (probable): Trustee Luckum, Trustee Fenton.

[1:10:01] Trustee Patrick (probable): I can only hear you.

[1:10:03] Voice 4: Yes.

[1:10:03] Trustee Patrick (probable): Okay.

[1:10:04] Voice 7: Yeah.

[1:10:05] Trustee Patrick (probable): All right.

[1:10:06] Voice 7: I got clarity in this last conversation.

[1:10:10] Trustee Patrick (probable): Super.

[1:10:12] Trustee Patrick (probable): Do you have any additional questions yourself?

[1:10:14] Trustee Patrick (probable): I'll make sure Trustee Fenton before I race forward.

[1:10:18] Voice 7: Nope, no, I'm fine.

[1:10:21] Trustee Patrick (probable): Okay then.

[1:10:22] Trustee Patrick (probable): in. I'm going to open the public hearing and so I just want, before I get started, I want to meet

[1:10:31] Trustee Patrick (probable): the public hearings have statutory requirements. It's going to take me a few minutes to go through

[1:10:35] Trustee Patrick (probable): everything. It is quite formal and I do ask your patience. The public hearing for proposed bylaws

[1:10:44] Trustee Patrick (probable): number 108 and 109 is now open. I wish to welcome everyone in attendance and acknowledge that we're

[1:10:50] Trustee Patrick (probable): meeting on the traditional territory of the Coast Salish peoples. My name is Trustee Laura Patrick.

[1:10:57] Trustee Patrick (probable): I'm the chair of the Thetis Island Local Trust Committee and I'd like to introduce my fellow

[1:11:02] Trustee Patrick (probable): trustees Peter Luckum and Doug Fenton. I have a number of staff again that are that are here

[1:11:12] Trustee Patrick (probable): joining us. We have Planner Egan and we have our minute taker Sarah Sugar and we have Will

[1:11:19] Trustee Patrick (probable): Cunningham in the back helping our meeting run so thank you for for being there um

[1:11:28] Trustee Patrick (probable): I'm I am cognizant of the time today but uh I will um we'll we'll get through the the details

[1:11:34] Trustee Patrick (probable): in a bit on on the timing but um I don't I don't think I'm not going to run a speaker's list

[1:11:38] Trustee Patrick (probable): virtually here we'll we'll review that in a few moments so this public hearing is being convened

[1:11:44] Trustee Patrick (probable): pursuant of section 465 of the local government act in order to consider the following proposed

[1:11:50] Trustee Patrick (probable): bylaws proposed bylaw number 108 cited this thetis island official community plan 2011 amendment

[1:11:58] Trustee Patrick (probable): number 1 2020 and proposed bylaw number 109 cited as the thetis island land use bylaw 2011

[1:12:05] Trustee Patrick (probable): amendment number 1 2020 all persons who believe that their their interest in the property is

[1:12:13] Trustee Patrick (probable): is affected by the proposed bylaws

[1:12:14] Trustee Patrick (probable): will be given reasonable opportunity to be heard

[1:12:16] Trustee Patrick (probable): or to present written submissions

[1:12:18] Trustee Patrick (probable): respecting matters contained in the proposed bylaws.

[1:12:21] Trustee Patrick (probable): Those wishing to speak should commence their presentation

[1:12:27] Trustee Patrick (probable): by clearly stating their name and address.

[1:12:29] Trustee Patrick (probable): I do note though that you are not required

[1:12:31] Trustee Patrick (probable): to state your name and address,

[1:12:33] Trustee Patrick (probable): but such information helps the local trust committee

[1:12:35] Trustee Patrick (probable): in determining the relationship you might have

[1:12:38] Trustee Patrick (probable): with the proposed bylaws.

[1:12:41] Trustee Patrick (probable): members of the local trust committee may if they wish ask questions of you following your

[1:12:47] Trustee Patrick (probable): presentation however the main function of the local trust committee members is to listen to

[1:12:51] Trustee Patrick (probable): the views of the public it is not the function of the committee members to debate the merits

[1:12:56] Trustee Patrick (probable): of the proposed bylaws with individual citizens everyone will be given reasonable opportunity to

[1:13:01] Trustee Patrick (probable): be heard and none should feel discouraged from presenting his or her views in considering the

[1:13:07] Trustee Patrick (probable): proposed bylaws the local trust committee has received documents which may influence its

[1:13:12] Trustee Patrick (probable): decisions. Those documents are available for review during this hearing on our website as

[1:13:18] Trustee Patrick (probable): indicated in the public hearing notice. Any person who wishes to present a written submission to the

[1:13:25] Trustee Patrick (probable): local trust committee may do so. All written submissions must be received by the local trust

[1:13:30] Trustee Patrick (probable): committee before the close of the hearing. So this evening if you're live streaming or listening in

[1:13:35] Trustee Patrick (probable): and you wish to send in a written submission,

[1:13:38] Trustee Patrick (probable): you may to NORTHPHSUB.

[1:13:44] Trustee Patrick (probable): So it's N-O-R-T-H-P-H-S-U-B

[1:13:51] Trustee Patrick (probable): at islandstrust.bc.ca.

[1:13:56] Trustee Patrick (probable): I will, before I close the hearing,

[1:13:59] Trustee Patrick (probable): I will make sure that we give ample time

[1:14:01] Trustee Patrick (probable): and a reminder again of that email address.

[1:14:03] Trustee Patrick (probable): but again it's north I'm going to spell it n-o-r-t-h-p-h-s-u-v at islands with an s trust.bc.ca

[1:14:15] Trustee Patrick (probable): your only opportunity to comment on the proposed bylaws is during this hearing as members of the

[1:14:21] Trustee Patrick (probable): local trust committee may not receive further submissions after the close of the hearing

[1:14:26] Trustee Patrick (probable): after the public hearing has concluded the local trust committee may without further notice make

[1:14:31] Trustee Patrick (probable): whatever decision it deems proper with respect to the bylaws that are subject to the public hearing

[1:14:38] Trustee Patrick (probable): planner egan will now summarize the public hearing notice and the key points of the bylaw

[1:14:43] Trustee Patrick (probable): and the referral agency responses over to you planner egan thank

[1:14:50] Voice 11: you chair fast so a copy of

[1:14:52] Voice 11: this a copy of the notice was advertised in two consecutive editions of the lady smith

[1:14:59] Voice 11: Chronicle on January 21st and January 28th. That's our legislative

[1:15:06] Voice 11: responsibility is to post in a this type of newspaper. All notification

[1:15:16] Voice 11: requirements under the Local Government Act have been completed in this regard.

[1:15:21] Voice 11: There's a copy of the complete public hearing binder available during this

[1:15:25] Voice 11: public hearing and it's located on the Islands Trust website on the projects

[1:15:31] Voice 11: projects page for the riparian areas implementation project and the purpose of the bylaws is to create

[1:15:37] Voice 11: a new development permit area number one riparian areas to bring in protection measures applicable

[1:15:44] Voice 11: to Ralston Creek in accordance with the riparian areas protection regulation formally the riparian

[1:15:50] Voice 11: areas regulation proposed bylaw 108 if adopted would introduce development permit area 1 riparian

[1:15:57] Voice 11: areas in the official community plan by designating an area of applicability

[1:16:04] Voice 11: along Ralston Creek in accordance with the regulation describing the importance

[1:16:08] Voice 11: of protecting streams lakes ponds and wetlands and their associated riparian

[1:16:12] Voice 11: areas which have been identified as potential fish habitat amending the text

[1:16:17] Voice 11: to reflect legislative changes to the riparian areas protection regulation and

[1:16:23] Voice 11: to update local government act references and by updating the development approval information

[1:16:31] Voice 11: to include the new development permit area proposed bylaw number 109 if adopted would introduce

[1:16:38] Voice 11: a new part 11 development permit area guidelines in the land use bylaw by describing

[1:16:46] Voice 11: activities requiring a development permit and activities exempted in accordance with the

[1:16:51] Voice 11: riparian areas protection regulation and setting out the guidelines that must be met prior before

[1:16:57] Voice 11: any development activities can take place including subdivision proposed bylaws 108 and 109

[1:17:04] Voice 11: were referred to four provincial agencies two regional agencies one local trust committee

[1:17:10] Voice 11: one non-agency and seven first nations and in summary again the comments from

[1:17:22] Voice 11: From the CBRD, the Cowichan Valley Regional District Islands Trust Conservancy, the Salt Spring Island Local Trust Committee, responded by saying their interests were unaffected.

[1:17:36] Voice 11: Cowichan tribes also responded, saying they were supportive of the bylaws.

[1:17:40] Voice 11: Blacks and First Nation responded, deferring to First Nations whose title and governing authorities are affected.

[1:17:47] Voice 11: and the Advisory Planning Commission advised to approve the proposed bylaws.

[1:17:55] Voice 11: So at the time, just before the community information meeting was held,

[1:18:03] Voice 11: we have received eight public submissions.

[1:18:17] Voice 13: And so

[1:18:19] Voice 11: far, we haven't received any further submissions during the course of the CIM

[1:18:28] Voice 11: or as we've continued into the public hearing will will advise of any that are

[1:18:35] Voice 11: sent in and she'll be sending them by email to the local trust committee

[1:18:42] Voice 11: should we receive any all

[1:18:46] Trustee Patrick (probable): right thank you very much planner Egan so just a

[1:18:49] Trustee Patrick (probable): reminder that submissions can be made anytime during the hearing until I close

[1:18:54] Trustee Patrick (probable): the hearing and uh submissions uh we will wait we'll make sure before i close the hearing that

[1:19:01] Trustee Patrick (probable): we double check to make sure uh if any have been received via email again that's the north

[1:19:07] Trustee Patrick (probable): p-h-s-u-b at islandstrust.bc.ca is the email um so this uh is your opportunity um so i invite

[1:19:22] Trustee Patrick (probable): members of the public who wish to speak which you'll have to raise your hand

[1:19:26] Trustee Patrick (probable): again please state your your name prior to making any comments which and after

[1:19:33] Trustee Patrick (probable): the presentation the committee members may may ask you some questions and then

[1:19:39] Trustee Patrick (probable): I will have to ask three times so bear with me it it's not that I'm forgetting

[1:19:44] Trustee Patrick (probable): but I do have to ask three times if there are any any further people who

[1:19:47] Trustee Patrick (probable): wish to address us just like the community information meeting you can

[1:19:51] Trustee Patrick (probable): get our attention by raising your hand at the center of the of the screen and will will help

[1:19:57] Trustee Patrick (probable): activate your microphone and if you're on the phone it's star nine and then star six to unmute

[1:20:08] Trustee Patrick (probable): so this is again the public hearing your chance to speak is there any other one that wishes to

[1:20:14] Trustee Patrick (probable): address us or make a statement the public hearing a moment here again you can raise your digital

[1:20:31] Trustee Patrick (probable): hand by raising your hand at the center there. I see we have Ian has raised his hand. Will,

[1:20:39] Trustee Patrick (probable): can you activate his microphone?

[1:20:47] Voice 3: I'm unmuted. Yes,

[1:20:49] Trustee Patrick (probable): you are. Please proceed.

[1:20:52] Voice 3: Well, I was just going to take this opportunity to put forward the comment which

[1:20:59] Voice 3: I was tempted to make during the question and answer session with respect to the

[1:21:07] Voice 3: the subdivision plan.

[1:21:11] Voice 3: And I would like to ask local trust committee

[1:21:16] Voice 3: to consider removing the wording about the property lines

[1:21:23] Voice 3: crossing the DPA, given the very specific nature

[1:21:30] Voice 3: of things here and the fact that any other subdivision

[1:21:33] Voice 3: in this particular area is very unlikely.

[1:21:40] Voice 3: So that would be my one comment.

[1:21:43] Voice 3: And I have made written submissions in which,

[1:21:48] Voice 3: as Marnie pointed out,

[1:21:52] Voice 3: I encouraged the local trust committee to consider

[1:21:58] Voice 3: placing wording in the official community plan

[1:22:02] Voice 3: to acknowledge the human made nature

[1:22:07] Voice 3: nature of much of the water bodies within the water course and the way in which human

[1:22:17] Voice 3: intervention for maintenance helps to maintain the water course and the both riparian and

[1:22:25] Voice 3: aquatic values that we all appreciate in the watershed. I understand that there has to be

[1:22:36] Voice 3: this thing because of the provincial requirement, but I think it would be nice to acknowledge the

[1:22:43] Voice 3: way in which people within Meadow Valley have done their part in increasing biodiversity and

[1:22:55] Voice 3: continue to do their part by maintaining the dams and so on and so forth.

[1:23:03] Voice 3: So it's just, you know, I feel that that would be a positive thing to do.

[1:23:10] Voice 3: And my other comment for the OCP is that I feel that some of the areas within what will eventually be my strata lot have value for future food security, future agricultural potential for the island.

[1:23:30] Voice 3: and I think it would be worthwhile acknowledging that

[1:23:35] Voice 3: within the official community plan as well.

[1:23:41] Voice 3: And thank you for the opportunity to comment.

[1:23:45] Trustee Patrick (probable): Thank you very much, Ian.

[1:23:48] Trustee Patrick (probable): Is there anyone else that wishes to address us

[1:23:51] Trustee Patrick (probable): during the public hearing today?

[1:23:53] Trustee Patrick (probable): I see Stephanie has raised her hand.

[1:23:59] Trustee Patrick (probable): Stephanie, if you take yourself off mute.

[1:24:02] Voice 2: Great, yeah, thank you for the opportunity to speak.

[1:24:07] Voice 2: And I just I want to reiterate, I'm sorry, I'm my name is Stephanie Cattell and my address is 442 Lakeview Road. I'm a property owner within the Meadow Valley Property Strata.

[1:24:19] Voice 2: and um and i i'd really like to support ian's um suggestion that an acknowledgement of the sort of

[1:24:30] Voice 2: the human created nature of the water course as it's now being defined and um and maintained

[1:24:38] Voice 2: um and how you know a bit more of the history around how how it's um come to be and also um

[1:24:47] Voice 2: And concerns about food security and in this time of climate change and local food security being an issue, just, you know, being aware that there's always ways that we can actually steward land in a mutually beneficial way to the natural environment and creating food supply on the island.

[1:25:16] Voice 2: um also would really love to um have the the committee and the planner planner egan reconsider

[1:25:25] Voice 2: needing to have a qualified environmental planner um type um plan for for any kind of invasive plant

[1:25:35] Voice 2: management or native plant planting because i know that it's not a requirement um in other areas

[1:25:43] Voice 2: is um if you are following all the other guidelines within the um the fisheries act

[1:25:49] Voice 2: and so yeah those are just my my um thoughts to submit at this time thank you thank you very much

[1:25:57] Voice 2: stephanie i

[1:25:58] Trustee Patrick (probable): see wayne has uh raised his hand if you could activate wayne take yourself off mute

[1:26:10] Voice 1: can you hear me now yes

[1:26:12] Trustee Patrick (probable): sorry

[1:26:13] Voice 1: i have a couple of comments um first of all i guess uh and

[1:26:18] Voice 1: considering the watercourse in general, it's a little bit like closing the barn door after the

[1:26:23] Voice 1: horse is out. That entire watercourse has been pretty much denuded in what would normally be the

[1:26:30] Voice 1: riparian area. Had that situation existed today, it would not have been allowed.

[1:26:36] Voice 1: And as far as increasing the biodiversity, that's quite simply untrue. There has been just a huge

[1:26:43] Voice 1: disruption of that entire area along that water course, it's now barren, and that doesn't make for

[1:26:52] Voice 1: increasing biodiversity. I can appreciate the need to consider food security, but food security does

[1:26:59] Voice 1: not have to do with taking away the rights of the biological understructure that supports

[1:27:09] Voice 1: life on this planet and at a time when every biologist and every scientist in the world are

[1:27:15] Voice 1: screaming that we're in the process of destroying this planet and one of the few things we can do

[1:27:21] Voice 1: on a small scale is to stop taking from the biodiversity why are we considering

[1:27:30] Voice 1: changing that and as far as a plan that's been laid out by the developer that wants to be able

[1:27:38] Voice 1: to encroach upon that space, I find that absolutely unacceptable. That's being done for

[1:27:47] Voice 1: profit, the profit of the individual that is not the profit of the planet. And although we have in

[1:27:53] Voice 1: this country that we live in, we have private ownership and private rights, we don't have

[1:27:59] Voice 1: private ownership on the air and on the water. And therefore, anything that is going to encroach

[1:28:05] Voice 1: upon that is taking away from that general protection.

[1:28:09] Voice 1: So I'm absolutely against any kind of a provision for what might be someone's plan of a way

[1:28:16] Voice 1: to make a few dollars at the expense of the environment.

[1:28:22] Voice 1: I don't envy the LTC, their involvement in this, but I do object to the fact that the

[1:28:30] Voice 1: the only real basis for deciding on what's riparian

[1:28:35] Voice 1: is whether or not there's money to be made in fish.

[1:28:38] Voice 1: When in actual fact, there's way more important requirements

[1:28:42] Voice 1: in terms of what we're facing in this coming time.

[1:28:46] Voice 1: I think it's time we stopped burying our heads in the ground

[1:28:49] Voice 1: and look up and decide what can we do

[1:28:51] Voice 1: and what we can do is save what we have.

[1:28:55] Voice 1: Thank you.

[1:28:56] Trustee Patrick (probable): Thank you, Wayne.

[1:28:57] Trustee Patrick (probable): Wayne, anyone else that wishes to speak to us during the public hearing?

[1:29:09] Trustee Patrick (probable): Wayne's hand came up a second time.

[1:29:14] Trustee Patrick (probable): Wayne, did you wish to speak again?

[1:29:18] Trustee Patrick (probable): Or Maureen, I believe, was there with you?

[1:29:23] Trustee Patrick (probable): You're on mute if you're trying to speak to us.

[1:29:25] Trustee Patrick (probable): Sorry,

[1:29:26] Voice 9: this thing is acting on its own in artificial intelligence.

[1:29:32] Voice 9: I just applaud the trust for finally introducing a development permit area.

[1:29:38] Voice 9: And I think it's overdue. I would like to see it to save our big trees and our frogs, our newts, everything that has to do with our wetlands.

[1:29:55] Voice 9: So I applaud the development permit area.

[1:30:00] Voice 9: just a beginning and i hope that we come alive and realize that we need to let people know the

[1:30:08] Voice 9: importance of what we have thank you thank

[1:30:11] Trustee Patrick (probable): you maureen is there anyone else that wishes to speak

[1:30:18] Trustee Patrick (probable): to us this evening just a reminder that you can still email us to that address n-o-r-t-h-p-h-s-u-b

[1:30:33] Trustee Patrick (probable): be at islandstrust.bc.ca give lots of opportunity here i don't want people to feel rushed to speak

[1:30:47] Trustee Patrick (probable): to us this evening i see ian's hand is up ian you can take yourself off mute um

[1:31:01] Voice 3: i i don't wish to

[1:31:05] Voice 3: turn anything into a discussion but i do need to correct the misunderstanding that the intent of

[1:31:13] Voice 3: of the lines of subdivision that I was talking about

[1:31:17] Voice 3: is towards profit.

[1:31:20] Voice 3: The particular lines that I'm speaking of

[1:31:24] Voice 3: are actually intended to,

[1:31:28] Voice 3: and well, all but one of the lines are intended

[1:31:32] Voice 3: to better enclose a conservation covenant

[1:31:38] Voice 3: within the strata common property

[1:31:40] Voice 3: so that that conservation covenant

[1:31:42] Voice 3: it can be better managed in the future if I'm not around. So it certainly wasn't a profit motive

[1:31:52] Voice 3: that caused me to plan a bunch of extra pins around that area. And I think that the record

[1:32:05] Voice 3: of this development stands as people can see it.

[1:32:12] Voice 3: The ponds that we've constructed

[1:32:14] Voice 3: definitely have increased biodiversity.

[1:32:17] Voice 3: And indeed it's very unlikely that fish would be able

[1:32:22] Voice 3: to use the lower reach of this water course for refuge

[1:32:31] Voice 3: if we had not done this

[1:32:32] Voice 3: because there would not be adequate water flow

[1:32:35] Voice 3: of for them to use. In fact, there is a fisheries biologist that I know of that uses the construction

[1:32:45] Voice 3: of these ponds and the associated constructed wetlands as an example of how to do this kind

[1:32:52] Voice 3: of thing. So I personally am quite pleased with how these have turned out. And I know that many

[1:32:59] Voice 3: many other people recognize the value of them as well.

[1:33:03] Voice 3: So I, as I say, I don't wish to turn it

[1:33:06] Voice 3: into some sort of argument,

[1:33:07] Voice 3: but I just felt I needed to correct those points.

[1:33:11] Trustee Patrick (probable): Thank you very much, Ian.

[1:33:21] Trustee Patrick (probable): I'm going to continue to ask if that,

[1:33:27] Trustee Patrick (probable): in order to close the public hearing,

[1:33:29] Trustee Patrick (probable): I'm going to have to ask three times

[1:33:30] Trustee Patrick (probable): and also a reminder that anyone can submit to email still,

[1:33:35] Trustee Patrick (probable): and I will double check before we do get to the closing.

[1:33:39] Trustee Patrick (probable): So I'm gonna ask once more,

[1:33:43] Trustee Patrick (probable): is there anyone else that wishes to speak to us this evening

[1:33:48] Trustee Patrick (probable): on the matter of these two draft bylaws?

[1:33:53] Trustee Patrick (probable): I see Stephanie's hand has been raised.

[1:34:01] Voice 8: Actually, it's not Stephanie, my name is Chad Kerr,

[1:34:03] Voice 8: I'm Stephanie's partner.

[1:34:04] Trustee Patrick (probable): Well, thank you.

[1:34:05] Voice 8: Living at the same property in the strata here.

[1:34:09] Voice 8: and it seems like great intentions but i mean it just seems to me as soon as something is going

[1:34:17] Voice 8: right the government's going to step in and screw it up put another list on it put another fee on it

[1:34:23] Voice 8: put another bullshit store to go with it i mean if you guys came out here and slept at my house

[1:34:29] Voice 8: you'd be kept awake from the hollering frogs all night long because this thing is rich it's not

[1:34:36] Voice 8: not getting worse it's getting better every year and then it seems another government agency

[1:34:44] Voice 8: because you know because we can't manage these things that are owned the government the land

[1:34:48] Voice 8: the island's trust because i don't know we have nothing else to do but it just feels like that

[1:34:56] Voice 8: whether you do or not it's not a personal attack on anyone i just completely disagree with what

[1:35:02] Voice 8: you're doing here you've been fighting this small group of people who moved here because they believe

[1:35:09] Voice 8: in where they live and believe in what they do and take care of their properties and take care

[1:35:14] Voice 8: of the nature around them whatever past is past now is now this is what's happening today i don't

[1:35:21] Voice 8: see anything getting worse i see things getting better spend your time and your money where it's

[1:35:27] Voice 8: important where they're digging up ditches full clear cutting the sides of highways not where a

[1:35:33] Voice 8: bunch of 100 people 40 people come on that's all i've got to say i know there's no question or

[1:35:41] Voice 8: nothing in there it's just i i just feel very frustrated with this whole procedure and it

[1:35:48] Voice 8: doesn't make any sense to me as well intended it's like all good intentions all that sort of

[1:35:54] Voice 8: all

[1:35:55] Trustee Patrick (probable): right thank you very much uh all comments and views are accepted during the public hearing so

[1:36:01] Trustee Patrick (probable): uh is there anyone else that wishes to speak to us today i'm going to ask a second time if there's

[1:36:18] Trustee Patrick (probable): anyone that wishes to speak with us today chair

[1:36:22] Voice 11: i just wanted to let you know that

[1:36:24] Voice 11: will has let

[1:36:25] Voice 11: me know that there's been two written submissions received and she's um going to be forwarding to

[1:36:32] Voice 11: forwarding them to you okay

[1:36:39] Trustee Patrick (probable): thank you i'll be doing of course they have a few more moments

[1:36:45] Trustee Patrick (probable): left so this is my third uh request if there's anyone else that wishes to speak to us today

[1:36:52] Trustee Patrick (probable): and i thank those that did make your submissions via email i guess this is one final check to the

[1:37:05] Trustee Patrick (probable): email um

[1:37:11] Voice 10: i'll

[1:37:14] Voice 11: check in with will i've

[1:37:16] Voice 10: just sent that email to all of you to the local trust

[1:37:19] Voice 10: committee and to Marnie.

[1:37:21] Trustee Patrick (probable): All right well we can um received

[1:37:23] Voice 6: thank

[1:37:26] Trustee Patrick (probable): you and

[1:37:29] Voice 6: down here too okay

[1:37:30] Trustee Patrick (probable): can we

[1:37:31] Trustee Patrick (probable): um I was going to say we can read um read these emails after I close the hearing before we take

[1:37:38] Trustee Patrick (probable): any action or should we read those first I guess it's uh I'm looking for my first one of my first

[1:37:44] Trustee Patrick (probable): virtual meetings here I don't want to um I think we've received them and we can

[1:37:55] Trustee Luckham (probable): read them it

[1:37:56] Trustee Luckham (probable): in prior to our next meeting yeah i

[1:38:02] Voice 10: think i think actually trustees my apologies it's will

[1:38:06] Voice 10: um if you can just read those now on camera much as you would if you were in a public venue and

[1:38:14] Voice 10: you would get the the emails or you would get the letters from the box that's that's basically what

[1:38:22] Voice 10: we'd like you to do now so if you could i know that trustee fenton isn't on camera but if you

[1:38:27] Voice 10: could just um silently read them to ourselves

[1:38:30] Voice 13: now yeah

[1:38:31] Voice 10: so that you have

[1:38:33] Voice 10: all the information

[1:38:34] Voice 10: and then you close the public hearing all

[1:38:36] Voice 13: right so

[1:38:42] Trustee Patrick (probable): everyone please bear with us we're reading

[1:38:46] Trustee Patrick (probable): a couple of submissions that we received i

[1:38:56] Trustee Luckham (probable): think the first one uh from uh uh

[1:39:02] Trustee Luckham (probable): uh mr craig terry was actually sent earlier today unless it's been revised i

[1:39:13] Voice 15: believe i've seen that

[1:39:14] Voice 15: that

[1:39:16] Voice 10: could be i wasn't able to double check that one mr um it was it was being forwarded so it may

[1:39:22] Voice 10: well have been received already i know another one that was forwarded had already been received

[1:39:27] Voice 10: and i was aware of that one so

[1:39:29] Voice 15: right yeah mr ralston said he forwarded two that had been

[1:39:33] Voice 15: been received earlier yeah i

[1:39:41] Voice 6: haven't seen anything from ian that this night noon you i saw something

[1:39:47] Voice 6: just earlier today there

[1:39:51] Trustee Luckham (probable): was another message at eight o'clock this evening yes and you were

[1:39:57] Trustee Luckham (probable): addressed on it oh it was also not sent to your islands trust address it was sent to another

[1:40:03] Trustee Luckham (probable): address which i'm not going to mention online yes um

[1:40:08] Voice 5: it

[1:40:10] Trustee Patrick (probable): should be the email you just received

[1:40:11] Trustee Patrick (probable): from will has them all into one email it's

[1:40:16] Voice 5: true or like on the just now

[1:40:21] Voice 5: two attachments yes okay

[1:40:23] Voice 5: yeah okay thank

[1:40:39] Voice 13: you yeah that's good trustees

[1:42:48] Trustee Patrick (probable): would just let me know when they're finished

[1:42:50] Trustee Patrick (probable): reading i

[1:42:59] Trustee Luckham (probable): am finished trustees

[1:43:24] Voice 10: i've just received one more email which i'm going to

[1:43:27] Voice 10: forward straightaway. Okay. I've sent that now. Thank

[1:44:17] Voice 15: you. I've received it. Okay.

[1:44:33] Voice 14: Okay.

[1:44:36] Voice 13: I think

[1:44:43] Voice 10: Trustee Fenton needs to unmute himself.

[1:44:49] Voice 6: Yes, I am.

[1:44:50] Trustee Luckham (probable): And all these most recent ones will become part of the binder so that they're also

[1:44:59] Trustee Luckham (probable): accessible by the general public correct correct yes that's right all

[1:45:05] Trustee Patrick (probable): right with

[1:45:07] Trustee Patrick (probable): that I'm going to declare the public hearing closed so please be advised that

[1:45:14] Trustee Patrick (probable): we are now in what's called post public hearing stage of the legislative review

[1:45:19] Trustee Patrick (probable): of the proposed bylaws of number 108 and 109 the Thetis Island local trust

[1:45:24] Trustee Patrick (probable): committee can now no longer receive information pertaining to the proposed

[1:45:29] Trustee Patrick (probable): proposed bylaws. However, you can still submit any outstanding questions or comments directly to

[1:45:34] Trustee Patrick (probable): the planner. The planner will review and advise accordingly if it's necessary for action, but

[1:45:43] Trustee Patrick (probable): please do not send any materials to your trustees. The local trust committee may give further

[1:45:49] Trustee Patrick (probable): readings to the bylaw, defeat the bylaw, or may make minor amendments that do not affect the use

[1:45:56] Trustee Patrick (probable): or density without further notice or hearings and with that the public

[1:46:01] Trustee Patrick (probable): hearing is now closed so I can recall to order our special meeting that we had

[1:46:15] Trustee Patrick (probable): and look to my trustees for direction for this evening it is now 816 an

[1:46:22] Trustee Patrick (probable): evening I

[1:46:29] Trustee Luckham (probable): am prepared to wait until our February 9th meeting to provide any

[1:46:35] Trustee Luckham (probable): further direction likewise

[1:46:38] Voice 4: oh

[1:46:39] Trustee Patrick (probable): good because that was going to be my suggestion too yeah

[1:46:45] Trustee Patrick (probable): late in the evening is always difficult to think well and converse so with that is there any further

[1:46:52] Trustee Patrick (probable): business that we have this evening i really want to thank everyone that did take the time out of

[1:46:59] Trustee Patrick (probable): their uh their evening to join us today to ask those uh important questions during the community

[1:47:05] Trustee Patrick (probable): information meeting and to give us your feedback during the public hearing what you have to say

[1:47:09] Trustee Patrick (probable): is important and the trustees will certainly be taking all of this information into consideration

[1:47:15] Trustee Patrick (probable): before making their decision so with that our next meeting is february 9th the time of the

[1:47:24] Trustee Patrick (probable): meeting i don't have in front of me does uh someone have that readily available is it 11

[1:47:29] Trustee Patrick (probable): 11 i

[1:47:30] Trustee Luckham (probable): can pull that out pretty quick 9

[1:47:33] Trustee Luckham (probable): 30 or something just

[1:47:34] Trustee Patrick (probable): want to double check the time

[1:47:36] Trustee Patrick (probable): thank you someone's got us up with it's 9 30 9 30 9 30 on the 9th of february um is our next

[1:47:43] Trustee Patrick (probable): meeting the how you can attend information is there remind people that while we do have town

[1:47:49] Trustee Patrick (probable): halls we cannot receive any further information on these two bylaws and i won't be able to let

[1:47:56] Trustee Patrick (probable): you talk about that um on the february 9th meeting okay so with that any other statements this

[1:48:04] Trustee Patrick (probable): evening with that have a great evening everyone thank you guys february night thank

[1:48:09] Trustee Patrick (probable): you to the

[1:48:09] Trustee Patrick (probable): staff for being here tonight yeah

[1:48:11] Voice 4: hi chuck thank you thank you

[1:48:15] Voice 4: chair thank you marty

[1:48:17] Trustee Luckham (probable): Thank you, Will, and Sarah as well.

ADOPTED 
Thetis Island Local Trust Committee ADOPTED 1 
Special Meeting Minutes 
February 2, 2021 
 
Thetis Island Local Trust Committee 
Minutes of Special Meeting 
 
Date: 
Location: 
February 2, 2021 
Electronic Meeting 
 
Members Present: Laura Patrick, Chair 
 Doug Fenton, Local Trustee 
 Peter Luckham, Local Trustee 
  
Staff Present: Marnie Eggen, Island Planner 
Wil Cottingham, Administrative Assistant  
Sarah Shugar, Recorder 
 
Others Present: 
 
 
Approximately 10 members of the public 
1. CALL TO ORDER 
 
“Please note, the order of agenda items may be modified during the meeting. Times are provided 
for convenience only and are subject to change.” 
 
Chair Patrick called the meeting to order at 6:32 pm.  She acknowledged that the meeting was 
being held in territory of the Coast Salish First Nations. 
 
2. APPROVAL OF AGENDA 
 
The following addition to the agenda was presented for consideration: 
 3.3 Internet Connectivity - Update 
 
By general consent the agenda was adopted as amended. 
 
3. COMMUNITY INFORMATION MEETING -Development Permit Area 1:  Riparian Areas 
 
3.1 Presentation of the Development Permit Area and Proposed Bylaw Nos. 108 and 109 
  
Planner Eggen presented Proposed Bylaw No. 108 cited as “Thetis Island Official 
Community Plan, 2011, Amendment No. 1, 2020” and proposed Bylaw No. 109 cited as 
“Thetis Island Land Use Bylaw, 2011, Amendment No. 1, 2020”. 
 
Bylaw No. 108 will amend the Thetis Island Official Community Plan (OCP) and introduce 
new Development Permit Area No. 1: Riparian Areas in the OCP by designating the new 
Development Permit Area to within 30 metres of Ralston Creek, Thetis Island, in 
accordance with Riparian Areas Protection Regulation (RAPR) and by describing the 
importance of protecting the stream, lakes/ponds and wetlands and their associated 
riparian areas, which have been identified as potential fish habitat; amending text to 

ADOPTED 
Thetis Island Local Trust Committee ADOPTED 2 
Special Meeting Minutes 
February 2, 2021 
reflect legislative changes to RAPR and to update Local Government Act references.  
 
Bylaw No. 109 will amend the Thetis Island Land Use Bylaw (LUB) by introducing a new 
Part 11 Development Permit Area Guidelines in the LUB describing activities that require 
a development permit, activities exempted in accordance with Riparian Areas Protection 
Regulation (RAPR) and setting out the guidelines that must be met before any 
development activities can take place, including subdivision. 
 
Planner Eggen summarized the referral responses and written submissions. 
 
3.2 Question and Answer Session 
  
A member of the public asked for clarification regarding agricultural activity and exempt 
activity (d) related to the maintenance of an area of human disturbance. The member of 
the public expressed concern regarding exempt activity (g) manual removal of invasive 
species and manual planting of native vegetation in accordance with a restoration plan 
prepared by Qualified Environmental Professional. The member of the public expressed 
concern that a person who does restoration work and is not a Qualified Environmental 
Professional would not be able to do restoration work and/or remove invasive species 
within the riparian setback areas. 
Planner Eggen reported existing gardens and maintenance of an existing lawn area 
within the riparian setback areas would be permitted to continue.  Development of a 
garden area may or may not require a development permit, depending on the existing 
area of human disturbance and the scale of the new works within the riparian setback 
area. Agricultural activities are exempt from the Riparian Areas Protection Regulations 
as defined in Section 1 of the BC Farm Practices Protection (Right to Farm) Act.  
 
Planner Eggen reported exempt activity (g) manual removal of invasive species and 
manual planting of native vegetation in accordance with a restoration plan prepared by 
Qualified Environmental Professional is included to ensure that the works are completed 
within the parameters of current standards.   
 
A member of the public expressed support for the protection of streams, lakes/ponds 
and wetlands and their associated riparian areas and asked why the protection of 
riparian areas is restricted to fish bearing and potential fish bearing watercourses. The 
member of the public expressed support for proposed Bylaw No. 108 to include all the 
riparian areas that is habitat for invertebrates. The member of the public asked if the 
proposed bylaws would apply to any other riparian areas on Thetis Island. 
Planner Eggen reported proposed Bylaw No. 108 focuses on protection of fish bearing 
and potential fish bearing habitat. The protection of fish bearing and potential fish 
bearing habitat also helps to protect other species and attributes in the riparian areas.  
Planner Eggen reported the Province identified Ralston Creek as a potential fish-bearing 
stream, which was verified by a Qualified Environmental Professional and that the 
proposed bylaws apply to Ralston Creek and do not include other riparian areas on 
Thetis Island. 
 

ADOPTED 
Thetis Island Local Trust Committee ADOPTED 3 
Special Meeting Minutes 
February 2, 2021 
A member of the public asked for clarification regarding whether livestock would be 
permitted to graze within the riparian setback areas and asked whether there is land 
within the Agricultural Land Reserve (ALR) adjacent to Ralston Creek. 
 
Planner Eggen reported existing livestock grazing is an exempt activity. Planner Eggen 
reported there are no ALR lands adjacent to Ralston Creek. 
 
Trustee Luckham reported protecting the riparian areas would also protect 75% 
terrestrial species that transit the habitat.   
 
A member of the public asked whether agriculture is a permitted use in Residential 2 
(R2) areas and whether aquaculture activity is a permitted use.  The member of the 
public reported that the proposed subdivision that is phase 3 of an existing strata 
development includes a conservation covenant area. The subdivision involves property 
lines that intersect the proposed riparian area. The member of the public asked whether 
it is necessary to include the guidelines regarding subdivision to meet Provincial 
requirements. The member of the public asked what the timeline is and cost for a 
development permit application related to riparian areas. The member of the public 
reported phase three of the subdivision plan is registered with the Ministry of 
Transportation and Infrastructure. 
 
Planner Eggen reported agriculture activity is a permitted accessory use in R2 areas. The 
agricultural activity would be an exempt use if the agricultural activity is considered a 
normal farm practice as defined in the BC Farm Practices Protection (Right to Farm) Act. 
 
Planner Eggen reported the Riparian Areas Protection Regulation only applies to the 
area above the high water mark and that aquaculture activity within a stream would 
require approvals from the Province. 
 
Planner Eggen reported the development permit guidelines specific to subdivision are 
not a Provincial regulation and the Local Trust Committee has included the guidelines to 
help guide development within the ecologically sensitive areas. Planner Eggen presented 
guideline (h) Land should not be subdivided so as to create new parcel boundaries 
intersecting or within 30 m of the stream boundary, unless the parcel boundary is being 
created for an ecological reserve under the Ecological Reserve Act for dedication to the 
Crown, or the subdivision complies with the recommendations of a QEP.  
 
Planner Eggen reported the processing time for development permit applications is 2 to 
3 months and the development permit application fee for development in a protection 
area is $550. 
 
Trustee Luckham asked whether there is a provision to recognize the registered 
subdivision plan that is already in process with the Ministry of Transportation and 
Infrastructure. 
 
Planner Eggen reported phase 3 of the proposed subdivision has received preliminary 
layout approval by the Ministry of Transportation and Infrastructure, a QEP report has 
been completed and a conservation covenant is in place, and that the subdivision is 

ADOPTED 
Thetis Island Local Trust Committee ADOPTED 4 
Special Meeting Minutes 
February 2, 2021 
subject to conditions yet to be completed by the applicant. Staff would need to review 
the subdivision application further for details. 
 
3.3 Internet Connectivity Update  
  
Trustee Luckham reported the Thetis Island Local Trust Committee passed a resolution 
by Resolution Without Meeting to support efforts to attract funding to provide internet 
connectivity to all homes on Thetis Island by requesting staff to draft letters to advise 
that the Thetis Island Economic Enhancement Corporation, the Cowichan Valley 
Regional District, the Strathcona Regional District and the Minister of Citizen Services of 
the Local Trust Committee’s interest and that it supports funding for fibre connection to 
Thetis Island as well as funding for internet service provider ISP supported last mile fibre 
connections to all homes on Thetis Island including advising the Cowichan Valley 
Regional District that the LTC supports their interest in providing the 10% funding 
requirement by community for a Government of Canada Universal Broadband Fund 
Grant. Trustee Luckham reported the closing date for the Government of Canada 
Universal Broadband Fund Grant is February 15, 2021 and the Cowichan Valley Regional 
District has scheduled a town hall on February 4, 2021 at 6:30 p.m. for community input 
on the topic. 
 
4. PUBLIC HEARING - BYLAW NOS. 108 AND 109   
 
4.1 Recess for Public Hearing 
   
  The meeting recessed at 7:40 p.m. for the public hearing. 
 
4.2 Recall to Order 
   
  The meeting reconvened at 8:16 p.m. 
 
5. BYLAW NOS. 108 AND 109 - CONSIDERATION OF FURTHER READINGS – none 
 
6. ADJOURNMENT 
 
 The next regular meeting is scheduled on Tuesday, February 9, 2021 at 9:30 a.m. 
 
By general consent the meeting was adjourned at 8:18 p.m. 
 
 
_________________________ 
Laura Patrick, Chair 
 
Certified Correct: 
 
 
_________________________ 
Sarah Shugar, Recorder