North Pender Island Local Trust Committee special meeting, April 1, 2021

[0:00:00] Trustee Patrick: broadcast that has started. Good morning, just stand by. We'll start the meeting in just a few

[0:00:04] Trustee Patrick: moments. Still with phone numbers, Chair Patrick? Oh, Ben had that.

[0:00:17] Trustee McConchie: The phone number is for Deb

[0:00:20] Trustee McConchie: 250-5398-200. That's the phone number that Deb's on.

[0:00:26] Trustee Patrick: It's the only phone number there.

[0:00:31] Voice 3: Hey, Deb, we'll just... Hey,

[0:00:37] Voice 4: can you hear me? Yes. Great, thank you.

[0:00:48] Trustee Patrick: All right, then. Everybody

[0:00:49] Trustee Patrick: everybody ready? We'll start the meeting. All right. Good morning, everyone. I'd like to call

[0:00:56] Trustee Patrick: this special meeting of the North Pender Island Local Trust Committee to order. This meeting is

[0:01:01] Trustee Patrick: being recorded and live streamed. I want to begin by acknowledging how fortunate we are to be able

[0:01:07] Trustee Patrick: to gather today all across the traditional territories of the Coast Salish people.

[0:01:13] Trustee Patrick: My heart goes out to all of the nations as the COVID numbers continue to increase and

[0:01:21] Trustee Patrick: and the concerns um for all the nations this um um i i who am i i'm laura patrick um i'm elected

[0:01:34] Trustee Patrick: on salt spring and the chair of this local trust committee i'm joined today by trustee deb morrison

[0:01:40] Trustee Patrick: she's on the phone good morning deb and trustee ben mcconkey good

[0:01:45] Trustee McConchie: morning together

[0:01:46] Trustee Patrick: we make up

[0:01:47] Trustee Patrick: your north pender local trust committee this meeting is an official forum for your local

[0:01:51] Trustee Patrick: trust committee to make decisions about land use planning matters and discuss relevant business

[0:01:55] Trustee Patrick: i also want to add that this is a place of employment despite the fact that many of our

[0:01:59] Trustee Patrick: staff may be coming from their own homes they have the right to a safe and respectful workplace

[0:02:04] Trustee Patrick: we're grateful for the ability to have this electronic meeting trustees staff the public

[0:02:08] Trustee Patrick: don't have to travel and we're honoring the public health orders during this pandemic we appreciate

[0:02:13] Trustee Patrick: your understanding and assistance if we have any electronic or any technical difficulties we will

[0:02:19] Trustee Patrick: work to overcome them as quickly as we can we've muted everyone's mics and I think oh we have some

[0:02:27] Trustee Patrick: staff that I'd like to introduce that are here today Maple Hung our office administrator who's

[0:02:32] Trustee Patrick: making this meeting run smoothly thank you very much Maple Shannon Brayford is our minute taker

[0:02:38] Trustee Patrick: good morning shannon um we have robert kojima our regional planning manager morning robert and our

[0:02:45] Trustee Patrick: planners uh kim stockdale and phil testamal thank you for joining us today so we have an agenda

[0:02:51] Trustee Patrick: before us trustees there it is are there any additions or changes to the agenda not for me

[0:03:00] Trustee McConchie: no

[0:03:01] Trustee Patrick: deb yeah can we approve the agenda then through general consent so thank you very much

[0:03:09] Trustee Patrick: so we have um one item of business on the agenda and that's the um uh north pender subdivision

[0:03:20] Trustee Patrick: 2008 9.9 application and we have a staff uh report attached who will be giving that uh

[0:03:30] Trustee Patrick: regional planning manager kojima yeah

[0:03:32] Voice 6: i'll just give a brief uh outline so the purpose is to

[0:03:36] Voice 6: provide the local trust committee with further options with respect to the james island subdivision

[0:03:41] Voice 6: referral the february regular meeting the ltc received a report outlining the covenants and

[0:03:51] Voice 6: potential actions that the ltc has been requested to take with respect to the covenants and the

[0:03:56] Voice 6: related encumbrances um last week march 26th the ltc held a closed meeting to receive legal advice

[0:04:02] Voice 6: and information that's in confidence relating to negotiations between the province and a third

[0:04:09] Voice 6: party subsequently the local trust committee scheduled this special meeting and may consider

[0:04:18] Voice 6: the options outlined in the previous staff report there's a link in the memo to the previous staff

[0:04:22] Voice 6: report or consider the option to request the provincial approving officer and or lieutenant

[0:04:28] Voice 6: tenant governor and council to refuse the subdivision on the grounds of it not being

[0:04:33] Voice 6: in the public interest and there's draft resolution wording to that effect on the

[0:04:38] Voice 6: second page of the memo thank you very much

[0:04:42] Trustee Patrick: trustees i understand that the applicant is

[0:04:46] Trustee Patrick: here today do you want to to hear from the applicant at this time or um

[0:04:53] Trustee McConchie: i'm i'm if there's

[0:04:54] Trustee McConchie: is any purpose or anything the applicant would like to discuss. Otherwise, I'm not sure. It's

[0:05:02] Trustee McConchie: up to you, Chair Patrick, how you'd like to proceed.

[0:05:06] Trustee Patrick: It's up to us if we want to hear from

[0:05:11] Trustee Patrick: the applicant at this time. It's normal. Deb, Trustee Morrison? Yeah. Okay. I

[0:05:17] Voice 4: think it's fine

[0:05:18] Voice 4: to hear from them. I would just ask that we don't have too much of a long conversation.

[0:05:23] Voice 4: yes

[0:05:23] Trustee Patrick: we're not debating this is a opportunity to hear from the applicant so at this time um

[0:05:30] Trustee Patrick: maple if we can um hear from the applicants okay

[0:05:37] Voice 3: sure so um greg atkins and brett rosinski's here

[0:05:40] Voice 3: do you want me to just um put uh remain them in the attendees area or move them over to the

[0:05:45] Voice 3: panelists i

[0:05:45] Trustee Patrick: think just audio is probably fine because deb's not able to see them anyway sure

[0:05:50] Voice 3: Sure. So I'm just going to enable both of them now. One moment, please.

[0:05:59] Trustee Patrick: Good morning, Greg and Brent. Is there anything that you'd like to add?

[0:06:08] Voice 1: Yes. Good morning, everyone. Can you hear me okay?

[0:06:10] Trustee Patrick: Yes. Can you just state who you are?

[0:06:12] Trustee Patrick: This

[0:06:13] Voice 1: is Brett Rosinski speaking.

[0:06:15] Trustee Patrick: Good morning.

[0:06:16] Voice 1: Good morning. So I do have a few prepared remarks here. I typically prefer not to work from prepared remarks, but under the circumstances, I felt this was most appropriate.

[0:06:24] Voice 1: appropriate. I understand your request to keep this brief, so I will do so. Good morning,

[0:06:30] Voice 1: Chair Patrick, trustees. Thank you for your time and consideration as always. Respectfully,

[0:06:35] Voice 1: I have never been more blindsided by anything in my entire life than I was by the staff memo for

[0:06:40] Voice 1: today's special meeting, which Islands Trust staff sent to us no more than 23 and a half hours ago.

[0:06:45] Voice 1: That staff memo simply included the proposed resolution and absolutely no additional

[0:06:49] Voice 1: supporting documentation, even though the resolution referenced a, quote, consultation

[0:06:54] Voice 1: record, which clearly formed the basis for the proposed resolution. We requested that

[0:06:59] Voice 1: consultation record from Islands Trust staff yesterday, and our request was immediately

[0:07:03] Voice 1: rejected by the regional planning manager. Trustee McConkie, following the LTC's full

[0:07:09] Voice 1: meeting on February 25th, you expressed to me that you felt it was highly inappropriate for

[0:07:13] Voice 1: Islands Trust staff to only give the trustees one week to process the proposed resolutions

[0:07:18] Voice 1: and the material they provided to you in support of those resolutions leading up to that meeting.

[0:07:23] Voice 1: Respectfully, we tried to advance those items with Islands Trust staff as early as September 2020, over five months prior to your February 25th meeting.

[0:07:32] Voice 1: And even though Islands Trust staff responded by asking us, and I quote, what's the rush, we did everything in our power to advance them as efficiently as we possibly could, regardless of the resistance that we received along the way.

[0:07:44] Voice 1: Beyond that, nearly all of these items are contractual obligations that you must fulfill

[0:07:48] Voice 1: and that have been in place for nearly 15 years dating back to when the local trust committee

[0:07:52] Voice 1: and the current regional planning manager supported the specifically tailored rezoning

[0:07:56] Voice 1: that contemplates this very subdivision. So, Trustee McConkie, given that you felt it was

[0:08:01] Voice 1: highly inappropriate of Islands Trust staff to only give the trustees one week to consider the

[0:08:05] Voice 1: proposed resolutions and the supporting documentation, the majority of which are

[0:08:09] Voice 1: items that your legal counsel has agreed are actually contractual obligations on the part

[0:08:13] Voice 1: of the LTC, I'm sure you can begin to imagine how I must feel, not even having one full day

[0:08:19] Voice 1: to consider and prepare a response to this incredibly material resolution that has been

[0:08:23] Voice 1: proposed, particularly when Islands Trust has given no access to the supporting materials

[0:08:27] Voice 1: and the resolution purports to advance consideration of the public interest.

[0:08:32] Voice 1: At an absolute minimum, to use your words, I would call this highly inappropriate.

[0:08:37] Voice 1: Beyond that, is the Islands Trust consideration of the public interest limited only to consideration

[0:08:42] Voice 1: of First Nation's interests, I've extended a number of invitations to the trustees over the

[0:08:47] Voice 1: years to visit the island so that we can discuss the proposed development in detail, as well as

[0:08:52] Voice 1: our own deep and meaningful engagement with Say Out First Nation. Those requests were either

[0:08:56] Voice 1: rejected or ignored. I've reached out to the trustees a number of times following the full

[0:09:01] Voice 1: meeting on February 25th, offering to meet at any point so that we can discuss this in further

[0:09:06] Voice 1: detail and convey our position, and I did not receive a response to those offers. The trustees

[0:09:11] Voice 1: moving to advance this resolution without having had any discussions with the family

[0:09:15] Voice 1: that has held indefeasible title to the island for over 25 years and having rejected or ignored

[0:09:21] Voice 1: all requests to meet is extremely disturbing to me. The trustees have taken no steps to consider

[0:09:26] Voice 1: or investigate the actions that we have taken on our own accord to engage and consult with local

[0:09:31] Voice 1: First Nations, and in fact have purposefully ignored and dismissed any consideration of those

[0:09:36] Voice 1: efforts. If the trustees are truly interested in considering the public interest, including the

[0:09:41] Voice 1: the land ownership, and title rights of their own constituents, then I would respectfully argue that

[0:09:46] Voice 1: some meaningful discussion should take place prior to advancing this resolution. For these reasons,

[0:09:51] Voice 1: I ask that the trustees move forward with staff's alternate proposed course of action set out in the

[0:09:55] Voice 1: staff memo, and move to accept the final three resolutions put forth in the staff report for the

[0:10:00] Voice 1: February 25th meeting, and that the trustees move to approve the cash-in-lieu valuation that the

[0:10:06] Voice 1: the CRD's Electoral Areas Committee unanimously approved and accepted at their duly convened

[0:10:11] Voice 1: public meeting on March 10th. Thank you again for your time, and I look forward to hearing

[0:10:15] Voice 1: your thoughts.

[0:10:16] Trustee Patrick: Thank you very much, Brett. Greg, did you have anything to add, or is that just

[0:10:22] Trustee Patrick: the statement that we'll hear from the applicants at this time?

[0:10:25] Voice 8: Oh, thank you. It's Greg Atkins here.

[0:10:28] Voice 8: I'm

[0:10:28] Trustee Patrick: sorry. I'm sorry. I apologize.

[0:10:30] Voice 8: No, it's okay. No, I have nothing to add beyond what Brett has

[0:10:33] Voice 8: said and we'd like to hear from the trustees all

[0:10:36] Trustee Patrick: right thank you very much trustees trustee

[0:10:42] Trustee McConchie: morrison did you want to go first yeah

[0:10:46] Voice 4: i can go ahead and go first um first of all i apologize

[0:10:51] Voice 4: for not being able to be present visibly on zoom i have a number of family issues that i'm i'm

[0:10:59] Voice 4: managing. So in terms of the application and the recommendations, sorry, my concern from

[0:11:16] Voice 4: the advice that we received is that this is a different time and this is a different era

[0:11:24] Voice 4: than when the subdivision was originally approved. And given DRIPA and UNDRIP, more

[0:11:31] Voice 4: more generally, there's concerns that we have about how our responsibilities are discharged

[0:11:39] Voice 4: as a local trust committee around reconciliation. And I am actually aware of what has been going on

[0:11:48] Voice 4: with conversations between the applicant and the First Nations. And I think it's great effort. This

[0:11:56] Voice 4: This is no reflection at all, actually, on the applicant.

[0:12:00] Voice 4: It's more about not getting between the province and the federal government and the First Nation in this moment and not moving too quickly where land is fully approved for subdivision in a way that potentially causes long-term harm to First Nations.

[0:12:22] Voice 4: So I feel the need to just slow everything down a little bit. And I understand exactly what you're talking about with contractual obligations and understanding the covenants and signing them off.

[0:12:39] Voice 4: My understanding is that the provincial approving officer can go ahead and file them without our signature.

[0:12:44] Voice 4: I feel deeply troubled putting my signature on something that I think is the end of a long line of things that were well before the current application that are troubling around how we have historically dealt with First Nations.

[0:13:04] Voice 4: And so that's, I would go for the motion that is recommended in the staff report, the

[0:13:12] Trustee Patrick: primary motion. Thank you.

[0:13:14] Trustee Patrick: Thank you, Trustee Morrison. Trustee McConkie?

[0:13:19] Trustee McConchie: Yeah, it was just kind of a bizarre comments directed towards me. My feelings are really hurt right now.

[0:13:28] Trustee McConchie: Now, OK, so like the public interest is in the truth and reconciliation declaration by the federal government.

[0:13:38] Trustee McConchie: Right now, the Canadian government is undergoing an incredibly important and incredibly critical and incredibly sensitive truth and reconciliation process.

[0:13:50] Trustee McConchie: Now, the applicants, maybe in 1999, this would have been a whatever, no problem deal.

[0:13:57] Trustee McConchie: But now, in the 21st century, 2021, we have to look through these issues with a different lens.

[0:14:07] Trustee McConchie: It's my understanding that the say-out, which belonged to the WSANIC Leadership Council, are opposed to this subdivision.

[0:14:17] Trustee McConchie: As an elected representative of the North Pender Island Local Trust Committee, which includes the Associated Islands,

[0:14:24] Trustee McConchie: my job is to represent the folks that live in this region now unfortunately due to the mass

[0:14:36] Trustee McConchie: extinction of first nations people around the middle of the 19th century due to colonial

[0:14:42] Trustee McConchie: diseases and then the subsequent genocide that took place through residential schools

[0:14:47] Trustee McConchie: took place through putting first nations people on reserves and through the subsequent government

[0:14:54] Trustee McConchie: government of British Columbia, not listening to and not following its treaty obligations.

[0:14:59] Trustee McConchie: We find ourselves in a place now where First Nations voices are underrepresented. So it is my

[0:15:07] Trustee McConchie: duty and job as the representative of this local trust area, from my understanding,

[0:15:14] Trustee McConchie: from the SAO, and from the WSANIC Leadership Council, that they oppose the subdivision.

[0:15:20] Trustee McConchie: and i feel it's duty in the public interest to have those voices be heard and just and to go

[0:15:29] Trustee McConchie: ahead with the resolution that's within the staff report thank you well thank you

[0:15:36] Trustee Patrick: can i add one other

[0:15:37] Voice 4: thing chair patrick

[0:15:38] Voice 4: yes please um i want to also say that while i completely echo everything um

[0:15:46] Voice 4: that Trustee McConaughey said. I also want to add that public interest is well beyond

[0:15:53] Voice 4: the sale of First Nation in this instance, because reconciliation, the Pender community

[0:15:59] Voice 4: has been in deep reconciliation efforts for years now. And as a community, we're committed

[0:16:07] Voice 4: to reconciliation efforts. So the harm that this can do to our relationships is part of what

[0:16:16] Voice 4: what constitutes public interest in this case.

[0:16:19] Voice 4: So it's larger than the sale.

[0:16:23] Voice 4: It's about how all of our community is engaged

[0:16:26] Voice 4: in work around reconciliation.

[0:16:29] Voice 4: Thanks.

[0:16:31] Trustee Patrick: Well, thank you both trustees.

[0:16:34] Trustee Patrick: I agree wholeheartedly.

[0:16:36] Trustee Patrick: This journey of reconciliation has been so deep in meaning

[0:16:41] Trustee Patrick: and I just want to read part

[0:16:45] Trustee Patrick: of our reconciliation declaration that the islands trust boldly passed and that the islands trust

[0:16:52] Trustee Patrick: council is committed to establishing and maintaining mutually respectful relationships

[0:16:56] Trustee Patrick: between indigenous and non-indigenous peoples islands trust states a commitment to reconciliation

[0:17:02] Trustee Patrick: with the understanding that this commitment is a long-term relationship building and healing process

[0:17:08] Trustee Patrick: and I that is you know true what Trustee Morrison just said we are also the leaders in our community

[0:17:17] Trustee Patrick: people are coming along and the reconciliation journey at different rates and and and what we

[0:17:24] Trustee Patrick: do reflects very important on our community and our communities so trustees how would you like

[0:17:33] Trustee Patrick: like to proceed i'd

[0:17:36] Trustee McConchie: like to proceed with the resolution in the staff report i believe that uh

[0:17:40] Trustee McConchie: do i'm not sure if i can just read it so i'd like to i

[0:17:43] Trustee Patrick: think you must read it yes

[0:17:44] Trustee McConchie: okay so i'd like

[0:17:45] Trustee Patrick: to

[0:17:45] Trustee McConchie: read the the resolution whereas the islands trust council has adopted a reconciliation

[0:17:50] Trustee McConchie: declaration and whereas the north pender island local trust committee has adopted a standing

[0:17:56] Trustee McConchie: resolution with respect to first nations reconciliation in the north pender island

[0:17:59] Trustee McConchie: and local trust area and whereas the north pender island local trust committee has reviewed the

[0:18:05] Trustee McConchie: consultation record and notes yet that objections to the subdivision continue to be expressed

[0:18:11] Trustee McConchie: by the say out first nation therefore the north pender island local trust committee resolves to

[0:18:17] Trustee McConchie: one advise the provincial approving officer that the north pender island local trust committee

[0:18:23] Trustee McConchie: considers approval of the subdivision of james island as not being in the public interest and

[0:18:29] Trustee McConchie: And two, advise the Lieutenant Governor and Council

[0:18:32] Trustee McConchie: that the North Pender Island Local Trust Committee

[0:18:35] Trustee McConchie: considers the deposit of the subdivision plan

[0:18:38] Trustee McConchie: of James Island as being against the public interest.

[0:18:42] Trustee McConchie: And that staff forward this resolution

[0:18:44] Trustee McConchie: to the Provincial Approving Officer

[0:18:47] Trustee McConchie: and the Lieutenant Governor and Council.

[0:18:50] Trustee Patrick: Thank you, is there a second to this motion?

[0:18:53] Trustee Patrick: I second.

[0:18:55] Trustee Patrick: Is there any discussion on this motion?

[0:18:59] Voice 8: Chair Patrick, are we able to have an opportunity

[0:19:02] Voice 8: to speak prior to passage of the resolution

[0:19:04] Voice 8: or should we wait?

[0:19:05] Trustee Patrick: No, I don't think at this time, please wait.

[0:19:13] Trustee Patrick: Any further discussion, trustees?

[0:19:17] Trustee Patrick: I'll call the vote then.

[0:19:19] Trustee Patrick: All those in favor?

[0:19:22] Trustee Patrick: Can we get an audible from you, Trustee Morrison?

[0:19:31] Trustee Patrick: Oh, Trustee Morrison?

[0:19:34] Voice 4: In favor.

[0:19:35] Trustee Patrick: Okay, thank you.

[0:19:36] Trustee Patrick: That motion carries.

[0:19:39] Trustee Patrick: Trustees, the applicant has asked to say something.

[0:19:41] Trustee Patrick: Do you wish to hear from the applicant at this time?

[0:19:45] Trustee McConchie: I believe the applicant has made their position very clear

[0:19:48] Trustee McConchie: through their original speech,

[0:19:51] Trustee McConchie: but it's up to the purview of the chair.

[0:19:53] Trustee McConchie: I leave it to you, Chair Patrick.

[0:19:55] Trustee Patrick: Trustee Morrison, your thoughts?

[0:19:58] Trustee Patrick: It's up to you.

[0:20:01] Trustee Patrick: I guess if we want to hear from the applicant,

[0:20:03] Trustee Patrick: then you can have a moment, but we're not going to,

[0:20:06] Trustee Patrick: we're not, we don't want to rehash our decision

[0:20:11] Trustee Patrick: we just made.

[0:20:12] Trustee Patrick: um we should be able to hear you sorry

[0:20:31] Voice 8: is that better sorry but that's it's greg atkins your

[0:20:33] Voice 8: legal counsel for the applicant so our clients made their position clear on this and we won't

[0:20:38] Voice 8: at your request rehash that so but the the question that we have uh well we certainly support

[0:20:43] Voice 8: the islands appreciate the islands trust support in advancing this sort of subdivision application

[0:20:49] Voice 8: that you know that we had the um that rezoning was was passed in contemplation of and that was

[0:20:56] Voice 8: accepted by the Islands Trust at one point in time. I don't believe that we require the Islands Trust

[0:21:04] Voice 8: approval or their determination that this is not against the public interest to proceed with this

[0:21:12] Voice 8: and we appreciate that you want to advise the approving officer of the same and so that's

[0:21:15] Voice 8: fine but the question that we have is there was a set of resolutions that were put forward to the

[0:21:19] Voice 8: trust committee on the february 25th meeting to accept the number of documents related to the

[0:21:27] Voice 8: subdivision all of which form contractual obligations that the local trust committee has

[0:21:32] Voice 8: signed on to provide non-discretionary items for which we understand that it's

[0:21:39] Voice 8: island trust policy that a signatory needs to be appointed for as well as acceptance of the cash

[0:21:47] Voice 8: in lieu amount that was approved unanimously by CRD's electoral areas committee in their March

[0:21:54] Voice 8: 10th public meeting. And so the question we have is at what point will the local trust committee

[0:22:01] Voice 8: put forward those resolutions for consideration again? And we would ask that they be put forward

[0:22:06] Voice 8: on the April 29th meeting.

[0:22:09] Trustee Patrick: Well, your request is noted and we'll take that under consideration at

[0:22:18] Trustee Patrick: at another time all right is there anything staff need to add or i

[0:22:24] Voice 6: will probably just seek some

[0:22:25] Voice 6: advice and on that on that matter it's a it is an outstanding issue greg's right about how to

[0:22:30] Voice 6: address that can

[0:22:31] Voice 7: i just make one point of clarification of what mr atkins said my

[0:22:35] Voice 7: understanding is that the crd did not pass that unanimously that there was opposition just that's

[0:22:40] Voice 7: to the cash flow so we can report further on that at the april 29th if uh where the decision is made

[0:22:49] Voice 7: to go forward all

[0:22:51] Trustee Patrick: right is there any other business than today not not seeing any can i

[0:23:01] Trustee Patrick: have a motion

[0:23:01] Voice 6: oh sorry yes just um in terms of logistics we'll work on a draft of the letter

[0:23:06] Voice 6: probably next week it'll probably you know lisa wilcox will have a look at it and claire and

[0:23:11] Voice 6: David Marler and so on and perhaps legal counsel and then circulated to the trustees

[0:23:16] Voice 6: for sending it to the chair for signature.

[0:23:19] Trustee Patrick: Okay thank you very much. Any further business then

[0:23:23] Trustee Patrick: can we have a motion to adjourn?

[0:23:26] Trustee McConchie: I'd like to make a motion to adjourn.

[0:23:27] Trustee Patrick: Is there a second to that

[0:23:29] Trustee Patrick: motion? Thank you. I'll call the vote. All those in favor and that is carried. So thank you we're

[0:23:37] Trustee Patrick: adjourned. Thank you to the staff. Thank you to the applicant for making time to be here today

[0:23:41] Trustee Patrick: and we'll see you at our next scheduled regular scheduled meeting which is the 29th of April I

[0:23:47] Trustee Patrick: believe I remembered okay thank you everyone have a nice day thanks

[0:23:52] Trustee McConchie: Chair Patrick thanks

[0:23:53] Trustee McConchie: best

[0:23:53] Trustee Patrick: of luck Trustee Morrison with your day thank you

North Pender Island Local Trust Committee 
Electronic Special Meeting Minutes 
April 1, 2021 ADOPTED 1 of 3 
 
North Pender Island Local Trust Committee 
Minutes of Special Meeting 
 
Date: 
Location: 
April 1, 2021 
Electronic Meeting (Zoom Webinar) 
 
Members Present: Laura Patrick, Chair 
Benjamin McConchie, Local Trustee 
 
Deb Morrison, Local Trustee 
  
  
Staff Present: Robert Kojima, Regional Planning Manager 
 
Phil Testemale, Planner 2 
Kim Stockdill, Island Planner 
Shannon Brayford, Recorder  
Maple Hung, Planning Assistant (Host) 
 
 
Public: 
 
There were five (5) attendees the webinar. 
  
 
1. CALL TO ORDER 
Chair Patrick called the meeting to order at 9:00 a.m.  She acknowledged that the meeting was 
being held in traditional territory of the Coast Salish First Nations. 
2. APPROVAL OF AGENDA 
By general consent the agenda was approved as presented.  
3.   CLOSED MEETING (Distributed Under Separate Cover) 
 3.1. NP-SUB-2008.9 (James Island) – Staff Memo  
Regional Planning Manager (RPM) Kojima provided an overview of the staff 
memo. 
Chair Patrick acknowledged the representative of the application who were in 
attendance and invited them to address the Local Trust Committee.  
Brett Rasinski expressed concerns with the staff memo and the process leading 
to the special meeting. He provided an outline of the history of the agreement 
and the applicant’s engagement with both the Local Trust Committee and local 
First Nations. Brett Rasinski encouraged the LTC to pass the alternate 
resolutions proposed in the staff memo.  
Ad o p t e d 
   
 
 

 
North Pender Island Local Trust Committee 
Electronic Special Meeting Minutes 
April 1, 2021 ADOPTED 2 of 3 
Members of the LTC each shared remarks on the process to this point and their 
personal rationales for proceeding.  
NP-2021-041 
It was Moved and Seconded, 
Whereas the Islands Trust Council has adopted a reconciliation declaration; and 
Whereas the North Pender Island Local Trust Committee has adopted a standing 
resolution with respect to First Nations reconciliation in the North Pender Island 
Local Trust Area; and 
Whereas the North Pender Island Local Trust Committee has reviewed the 
consultation record, and notes that objections to the subdivision continue to be 
expressed by the Tsawout First Nation; 
Therefore, the North Pender Island Local Trust Committee resolves to: 
1. Advise the Provincial Approving Officer that the North Pender Island Local 
Trust Committee considers approval of the subdivision of James Island as not 
being in the public interest. 
2. Advise the Lieutenant-Governor-in-Council that the North Pender Island Local 
Trust Committee considers the deposit of the subdivision plan of James Island as 
being against the public interest. 
And that staff forward this resolution to the Provincial Approving Officer and the 
Lieutenant-Governor-in-Council. 
CARRIED 
 
Chair Patrick acknowledged Greg Atkins, Legal Council for the applicant, and 
invited him to address the LTC.  
Greg Atkins requested information on additional outstanding contractual 
matters related to the application.  
  
  

 
North Pender Island Local Trust Committee 
Electronic Special Meeting Minutes 
April 1, 2021 ADOPTED 3 of 3 
 
4.  ADJOURNMENT 
By general consent the meeting was adjourned at 9:23 a.m.  
 
 
_________________________ 
Laura Patrick, Chair 
 
Certified Correct: 
 
________________________ 
Shannon Brayford, Recorder