Salt Spring Island Local Trust Committee regular meeting, June 29, 2021

[0:00:00] Trustee Luckham: Good morning, everyone. Good morning. I've been having technology issues with

[0:00:11] Trustee Luckham: printers and things this morning. None of this technology likes temperatures above 30 degrees,

[0:00:16] Trustee Luckham: by the way. Well, you better shut it down.

[0:00:21] Trustee Patrick: Nor the human technology.

[0:00:24] Trustee Luckham: Oh, we are definitely the weakest component in the system, yeah.

[0:00:32] Voice 15: Chair Luckham, we are recording and live streaming.

[0:00:35] Trustee Luckham: Very good. Thank you, sir.

[0:00:40] Trustee Luckham: So we'll just wait for a moment for folks to get on and wait for the clock to come around to 9.30 and then

[0:00:47] Voice 16: we will begin.

[0:00:50] Trustee Luckham: All right, so it looks like everybody is here.

[0:01:26] Trustee Luckham: So good morning, everyone.

[0:01:27] Trustee Luckham: Good morning, members of the public joining us on the live stream and also staff, of course, that are out there joining us as well.

[0:01:36] Trustee Luckham: And those of you that have joined us electronically in the Zoom environment.

[0:01:45] Trustee Luckham: Again, thank you. This is the meeting of the Salt Spring Island Local Trust Committee for June the 29th.

[0:01:53] Trustee Luckham: I'll begin by acknowledging that I live here on Thetis Island in the Penelakut and Lai Aksin Territory,

[0:02:02] Trustee Luckham: and we are meeting across the Salish Sea today through this electronic medium,

[0:02:07] Trustee Luckham: and I am grateful to live and work in Coast Salish Territory.

[0:02:14] Trustee Luckham: I just want to recognize this is the first meeting of the Salt Spring LTC that we've had

[0:02:23] Trustee Luckham: since a number of events have unfolded in the world, in Canada, in Takamloops, and now in

[0:02:31] Trustee Luckham: Manitoba, with respect to residential schools and children having been found on those sites.

[0:02:42] Trustee Luckham: and just want to share my grief and our grief and the support that I would like

[0:02:52] Trustee Luckham: to show to our First Nations communities, the family, friends, communities of those

[0:02:59] Trustee Luckham: children in this meeting forum. And so with that I'll just introduce my colleagues here,

[0:03:11] Trustee Luckham: co-trustees um they may have some remarks trustee patrick salt spring island oh

[0:03:18] Trustee Patrick: well i'm great

[0:03:20] Trustee Patrick: i'm just saying i'm grateful to be joining here today from the coast salish and i know what my

[0:03:26] Trustee Patrick: my thoughts and paragraphs go out to indigenous people who are suffering the trauma of these

[0:03:32] Trustee Patrick: discoveries indeed

[0:03:35] Trustee Luckham: uh

[0:03:36] Trustee Grove: trustee grove thank you and um of course i share those feelings uh deeply with

[0:03:43] Trustee Grove: with you all, these are difficult times

[0:03:45] Trustee Grove: and we must all do the best to get through them.

[0:03:48] Trustee Grove: Thank you.

[0:03:49] Trustee Grove: Thank you, sir.

[0:03:52] Trustee Luckham: So we are the decision-making body

[0:03:56] Trustee Luckham: of the local trust committee.

[0:03:59] Trustee Luckham: And just say that this meeting is being recorded

[0:04:02] Trustee Luckham: and available on our website later

[0:04:06] Trustee Luckham: if folks haven't been able to join us today.

[0:04:09] Trustee Luckham: And we're grateful for that opportunity

[0:04:10] Trustee Luckham: to have electronic meetings,

[0:04:12] Trustee Luckham: but certainly I think we'll all be glad

[0:04:14] Trustee Luckham: to return to public meetings but indeed in this time and today is the lowest number of COVID cases

[0:04:21] Trustee Luckham: we've seen in recent history according to the province and that's terrific and indeed meeting

[0:04:27] Trustee Luckham: electronically allows us to continue to respect those guidelines and indeed although most of us

[0:04:32] Trustee Luckham: have been vaccinated at this point we need to continue to respect those guidelines for those

[0:04:37] Trustee Luckham: those that have been unable to get vaccinated or choose not to get vaccinated.

[0:04:45] Trustee Luckham: So all of our staff who have joined us today are also, for the most part, working from home. Some

[0:04:52] Trustee Luckham: are enjoying the air conditioning at the office, which is terrific because it is very hot. And

[0:04:59] Trustee Luckham: you certainly, in my mind, this is an example of a climate change in action.

[0:05:07] Trustee Luckham: This is, this is incredible events of the last three or four days record high temperatures.

[0:05:15] Trustee Luckham: And of course increased fire risk for all of our communities.

[0:05:21] Trustee Luckham: So our staff working from home. I'll just note, in no particular order, but I'll start with the regional planning manager Stefan Cermak,

[0:05:31] Trustee Luckham: Mac, running from the Victoria office.

[0:05:33] Trustee Luckham: Good morning.

[0:05:35] Trustee Luckham: I see Warren Dingman by law enforcement is out there today.

[0:05:39] Trustee Luckham: Good morning, sir.

[0:05:40] Trustee Luckham: Oh, look at your background.

[0:05:41] Trustee Luckham: That looks very refreshing.

[0:05:42] Trustee Luckham: Rob Pringle, who's conducting our electronics

[0:05:45] Trustee Luckham: and meeting management today.

[0:05:46] Trustee Luckham: Thank you for your preparation and work

[0:05:48] Trustee Luckham: this morning already.

[0:05:50] Trustee Luckham: William Shulbaugh, fresh water specialist.

[0:05:52] Trustee Luckham: Good morning, William.

[0:05:55] Trustee Luckham: We have a planner, Louisa Garbo,

[0:06:00] Trustee Luckham: planner, Christine Mays.

[0:06:04] Trustee Luckham: Lanner Jordy Gordon, and of course, Sarah Sugar,

[0:06:10] Trustee Luckham: our recorder and minute taker,

[0:06:13] Trustee Luckham: who is also working uncomfortably at home today.

[0:06:16] Trustee Luckham: And thank you for that.

[0:06:21] Trustee Luckham: Just ask everybody to be respectful of each other,

[0:06:24] Trustee Luckham: your neighbors, people on the website that are joining us

[0:06:27] Trustee Luckham: and in your choice of language and wording.

[0:06:32] Trustee Luckham: wording. Let's just all be respectful and maintain civility, which is an important aspect

[0:06:40] Trustee Luckham: of our modern society. When we get to the town hall portion, I'll talk about raising

[0:06:50] Trustee Luckham: your hand and that sort of stuff. But at the moment, I think I've talked plenty and we're

[0:06:56] Trustee Luckham: going to get on with the meeting. There's quite an agenda before us, trustees. I have

[0:07:01] Trustee Luckham: asked staff to provide me some indications of items that we might defer

[0:07:08] Trustee Luckham: to a future meeting and even potentially pick a future date if any or all of us

[0:07:14] Trustee Luckham: feel that the temperatures have reached a level that we are unable to think

[0:07:18] Trustee Luckham: clearly in order to make the decisions that are important to the community here

[0:07:25] Trustee Luckham: and so open to suggestions there as time goes by I do think that we might want to have more

[0:07:33] Trustee Luckham: frequent breaks in order to refresh your water glass and maybe get some fresh air in whatever

[0:07:37] Trustee Luckham: way that's possible but please if any of you are feeling uncomfortable with the temperature

[0:07:42] Trustee Luckham: or need to move around or your location either please do if you can stay with us or ask for a

[0:07:49] Trustee Luckham: recess if we need to do so and I'll check in with you regularly if that's all right so okay

[0:07:55] Trustee Luckham: Okay, trustees, that concept, yeah.

[0:07:57] Trustee Luckham: Okay then, without further ado,

[0:08:04] Trustee Luckham: and of course we should,

[0:08:07] Trustee Luckham: I mentioned to Sarah earlier

[0:08:10] Trustee Luckham: that I'm gonna be less demanding

[0:08:12] Trustee Luckham: in terms of asking for things to be read back

[0:08:16] Trustee Luckham: and detail of the minutes and stuff,

[0:08:19] Trustee Luckham: because of course she can pick up the details

[0:08:22] Trustee Luckham: in the recordings later

[0:08:23] Trustee Luckham: later, and just try to make things easier for everybody, because our thinking may be compromised with the temperature.

[0:08:33] Trustee Luckham: All right, so let us begin then. I'll call the meeting to order, and I have an agenda in front of us, and I'll ask two things.

[0:08:45] Trustee Luckham: if there's any late items that need to be added to the agenda from staff perspective or if there's

[0:08:51] Trustee Luckham: any new items from trustees to add to the agenda today. And I see Stefan is shaking his head no

[0:08:59] Trustee Luckham: and trustees how about you? Peter Grove over to you.

[0:09:03] Trustee Grove: I'm wondering if it's appropriate to have a

[0:09:06] Trustee Grove: brief report from staff with regard to what future meetings might look like with the new

[0:09:11] Trustee Grove: new regulations coming in, which will require, as I understand it, no masks anywhere. And we're

[0:09:18] Trustee Grove: mostly our inoculation statistics are very good. I'm hoping that the next LTC can be in a public

[0:09:26] Trustee Grove: forum. Any thoughts on that?

[0:09:29] Trustee Luckham: Sure. Although I think it's a bit premature to suggest some of

[0:09:33] Trustee Luckham: the things you have about future meetings, because of course, those announcements come

[0:09:36] Trustee Luckham: when the province is ready. And that is speculation at this time, because new announcements will come

[0:09:42] Trustee Luckham: july 1st as far as i know um but stefan do

[0:09:45] Trustee Luckham: you have any remarks thank

[0:09:49] Voice 6: you mr chair i have the

[0:09:51] Voice 6: same one we were waiting to see what the province announces for july 1st and as you are likely aware

[0:09:58] Voice 6: this the emergency orders would be lifted july 1st but we have a three-month window

[0:10:04] Voice 6: in which to continue to be able to hold electronic meetings and at the same time the province is

[0:10:10] Voice 6: exploring Bill 10, which would allow electronic meetings to happen indefinitely.

[0:10:14] Voice 6: The Islands Trust is being included in that, but we still don't have confirmation.

[0:10:18] Voice 6: So to answer your question, we have a three-month window to have electronic meetings.

[0:10:22] Voice 6: If there's no orders and July 1st, the emergency orders are lifted, then you can expect at

[0:10:28] Voice 6: least the October LTC meeting to have to be in person.

[0:10:32] Voice 6: But what you choose to do in between the July 1st lifting, assuming that happens in October,

[0:10:37] Voice 6: is up to the LTC.

[0:10:38] Voice 6: and staff are ready to respond in any which way the LTC wishes to go.

[0:10:42] Trustee Grove: Thank you very much.

[0:10:45] Trustee Luckham: Yeah, and I expect that we will receive an update from the CAO

[0:10:52] Trustee Luckham: after July the 1st, if not at our July the 8th Trust Council meeting

[0:10:59] Trustee Luckham: so that everybody can be advised what to expect.

[0:11:03] Trustee Luckham: Good question, Peter.

[0:11:04] Trustee Luckham: Anything?

[0:11:08] Trustee Luckham: Sorry, so back to the approval of the agenda.

[0:11:11] Trustee Luckham: Mayor Mrakas, Is there any items to add to the agenda, no Okay, so then i'm going to take it, then the agenda be approved as presented by general consent, and I thank everybody for the preparation of this.

[0:11:25] Trustee Luckham: Mayor Mrakas, The preparation work to get us to this meeting today, so the first item on the agenda would be the previous meeting minutes and we have draft minutes of May, the 25th before us for adoption, are there any changes to those minutes trustees.

[0:11:39] Trustee Luckham: negative okay so then I'm going to take it that by general consent that the draft minutes of May

[0:11:45] Trustee Luckham: the 25th be adopted as presented so I'm going to move through the agenda directly to as there's

[0:11:54] Trustee Luckham: nothing else in 3.2 3.3 is draft minutes of the advisory planning commissions these minutes here

[0:12:02] Trustee Luckham: three different sets are here for our information and that's the draft minutes of May the 13th

[0:12:08] Trustee Luckham: Agriculture Advisory Planning Commission draft minutes of May the 20th Ganges Village Planning

[0:12:14] Trustee Luckham: Task Force meeting and the draft minutes of May the 20th 2021 Housing Action Program Task Force

[0:12:19] Trustee Luckham: meeting. Very glad that those task forces have started their meetings and I'll just ask if there's

[0:12:25] Trustee Luckham: any remarks on the minutes from those meetings otherwise we will just receive them for

[0:12:30] Trustee Luckham: information and there's no remarks indicated. So again thank you to all those that step up

[0:12:37] Trustee Luckham: in those voluntary positions to advise us in the work that we do together no public hearing

[0:12:45] Trustee Luckham: records today and this brings us immediately to business arising from the minutes of the previous

[0:12:50] Trustee Luckham: meeting the follow-up action report list dated june 2021 and i'll just ask stephan if there's

[0:12:58] Trustee Luckham: any late updates to that otherwise we'll just go to questions thank

[0:13:03] Voice 6: you mr chair i actually have

[0:13:04] Voice 6: have three. On page 36 of your agenda, there's an item about the policy and standing resolutions

[0:13:11] Voice 6: regarding unlawful suites and housing. There's a report on today's agenda, section nine. So the

[0:13:17] Voice 6: item can be considered complete. On page 47 of your agenda, the LTC asked staff to report back

[0:13:27] Voice 6: concerning expiry of an affordable housing covenant for 121 Atkins Road. Staff have talked

[0:13:33] Voice 6: to miss mclean who was the author of that correspondence and we have confirmed that

[0:13:38] Voice 6: there's in fact no expiry in the contract uh the the housing contract so the item is also

[0:13:44] Voice 6: deemed complete and then finally page 50 the ltc was cc'd on correspondence to piers island

[0:13:51] Voice 6: residents that was sent out a bit late um so didn't make it in there and so staff haven't

[0:13:56] Voice 6: returned post that but you should have seen the correspondence in your inbox and so that too is

[0:14:01] Voice 6: complete that's my update okay

[0:14:05] Trustee Luckham: very good thank you for those updates so that's great trustee

[0:14:08] Trustee Luckham: grover trustee patrick do you have any questions on any other items on the follow-up action list

[0:14:13] Trustee Luckham: that's a no from trustee grove and a no from trustee patrick all right excellent good work

[0:14:19] Trustee Luckham: everybody uh community information meeting nothing uh policy standing resolutions are there for our

[0:14:26] Trustee Luckham: information as a reminder work programs top priority report essentially there as

[0:14:33] Trustee Luckham: for information any any questions or comments on the top priorities report

[0:14:40] Trustee Luckham: otherwise we'll continue all right and then the projects list is there for

[0:14:47] Trustee Luckham: information also no questions that's great applications with status reports

[0:14:53] Trustee Luckham: So I'll just ask Regional Planning Manager Cermak on the applications.

[0:14:57] Trustee Luckham: Are there any updates not included in this report?

[0:15:03] Voice 6: There's just one, and that was my application.

[0:15:06] Voice 6: You'll see that I don't have the page number, I'm sorry, but for SSRZ 2013.9, the LDC asked for an update.

[0:15:14] Voice 6: That is the CRD application for housing on Drake Road.

[0:15:18] Voice 6: Staff kind of had to chase the CRD around.

[0:15:21] Voice 6: around the uh if you didn't know CRD staffing has changed the um they lost um two of their key

[0:15:27] Voice 6: managers and so I was able to confirm that their new manager is in fact the new contact person

[0:15:34] Voice 6: that's one and two their update was that there is no update um on on advancing the project as

[0:15:40] Voice 6: as the LTC knows there's discussion with the PC housing but those discussions remain in camera so

[0:15:46] Voice 6: So I have no update to provide to you.

[0:15:49] Trustee Luckham: Okay.

[0:15:50] Trustee Luckham: Thank you, sir.

[0:15:51] Voice 6: You're welcome.

[0:15:52] Trustee Luckham: Now, trustees, do you have any questions on any of the items on the applications list?

[0:15:56] Trustee Luckham: And if you indicated the page number, that would be terrific.

[0:15:59] Trustee Luckham: Trustee Patrick?

[0:16:00] Trustee Patrick: I just have a general question because I know at Pender that the Southern team said that the volume of applications was dropping off.

[0:16:09] Trustee Patrick: So I was just wondering if Salt Spring was seeing any similar trend.

[0:16:14] Voice 6: Yeah, thank you through the chair.

[0:16:15] Voice 6: Sure. The anecdotally staff have said, yeah,

[0:16:19] Voice 6: it seems like the applications have slowed down a bit. And there's,

[0:16:23] Voice 6: so that's, it hasn't slowed down in the building permits. We've last year,

[0:16:28] Voice 6: they, we had building 130 building permit referrals this year.

[0:16:32] Voice 6: So far we've had over a hundred. So we're only halfway through the year.

[0:16:36] Voice 6: So those are going gangbusters.

[0:16:38] Voice 6: Those are done almost exclusively by our planning technician and with help

[0:16:44] Voice 6: help from you know our planner maze and planner gordon and some of our senior staff but so that's

[0:16:50] Voice 6: where we're seeing a lot of volume and we have a designated person for that so that's good

[0:16:54] Voice 6: otherwise you'll see that our backlog of applications is being managed quite well

[0:17:00] Voice 6: through planner maze and gordon we all the only thing we have is a couple new rezoning applications

[0:17:05] Voice 6: and where we have a lot of open rezoning applications which tends to come up the system

[0:17:11] Voice 6: and we have eight of those that I can think of off the top of my head, but usually, you know,

[0:17:16] Voice 6: you don't want more than two or three, but there you go, you have eight. So, yeah, so the volume,

[0:17:22] Voice 6: the new applications have decreased in volume.

[0:17:30] Trustee Luckham: Okay. Any questions on any specific applications?

[0:17:34] Trustee Luckham: Otherwise, we'll receive that report. No, thank you. Okay. So, expense reports, nothing today.

[0:17:40] Trustee Luckham: Island's Trust Conservancy Board Report, report dated May 2021, and that's on page 93.

[0:17:51] Trustee Luckham: It's there for ostensibly information about the work of the Island's Trust Conservancy.

[0:18:03] Trustee Luckham: And I'm going to, rather than belabor it too much, I'm just going to leave that

[0:18:08] Trustee Luckham: that as it is, it's an update on the activities

[0:18:13] Trustee Luckham: and it's a good read and appreciate the work that they do

[0:18:15] Trustee Luckham: in preserving and protecting specific places

[0:18:19] Trustee Luckham: throughout the trust area

[0:18:20] Trustee Luckham: and management of those protected places.

[0:18:24] Trustee Luckham: The next item on the list would be 7.7,

[0:18:27] Trustee Luckham: Salt Spring Island Watershed Protection Alliance

[0:18:30] Trustee Luckham: coordinator's report.

[0:18:31] Trustee Luckham: There's nothing here today,

[0:18:33] Trustee Luckham: presuming they perhaps have not met recently,

[0:18:35] Trustee Luckham: but trustee Patrick you have a verbal report we

[0:18:38] Trustee Patrick: did meet recently just too recently for

[0:18:40] Trustee Patrick: the coordinator's report was last week but I did want to mention that we agreed to

[0:18:47] Trustee Patrick: commit some coordinator time to helping organize a kind of a preliminary meeting of the water

[0:18:57] Trustee Patrick: purveyors on the island so it's it's not it was a request to create a working group under SWPA

[0:19:03] Trustee Patrick: and we said that that was a bit early for that request

[0:19:07] Trustee Patrick: and that perhaps that group should get together

[0:19:09] Trustee Patrick: and decide on their own whether they wish

[0:19:11] Trustee Patrick: to be a working group of SWPA or some other group,

[0:19:15] Trustee Patrick: but we said the coordinator would help make

[0:19:17] Trustee Patrick: that first meeting happen.

[0:19:19] Trustee Patrick: So I just wanted to add that clarity.

[0:19:24] Trustee Luckham: Okay, that's great.

[0:19:26] Trustee Luckham: Thank you to SWPA for its work,

[0:19:30] Trustee Luckham: all of the participating members,

[0:19:33] Trustee Luckham: and, of course, yourself in leading that, I was going to say agency,

[0:19:43] Trustee Luckham: but that arm of the Allens Trust, which is the work of coordinating watershed

[0:19:50] Trustee Luckham: and protection issues on Salt Spring.

[0:19:55] Trustee Luckham: I'm going to move along to other business, some new business, particularly here.

[0:20:01] Trustee Luckham: Mr. Chair?

[0:20:02] Trustee Luckham: Yes, sir.

[0:20:03] Voice 6: May I interrupt you?

[0:20:05] Voice 6: I'm sorry, I didn't hear you talk about 7.1 policy and standing resolutions. And I wanted to give an update if possible, just one item in relation to that.

[0:20:15] Trustee Luckham: Oh, I see. Yeah, I didn't say that it was there for our information. Normally, we don't make any changes there or whatever.

[0:20:21] Voice 6: But anyway, go

[0:20:22] Trustee Luckham: ahead, please, policy and standing resolution.

[0:20:24] Trustee Luckham: My

[0:20:25] Voice 6: apologies. This is actually in relation to policy standing on page 63 of your agenda, policy resolution SS 2020-134, and that's regarding enforcement during COVID for food and liquor.

[0:20:38] Voice 6: And the LTC passed resolutions.

[0:20:40] Trustee Luckham: Am I having trouble with my connection?

[0:20:43] Voice 6: I would think so.

[0:20:48] Voice 6: I see a floating neck.

[0:20:54] Voice 6: I

[0:20:54] Trustee Grove: shall wait for the chair.

[0:20:56] Trustee Grove: A shadow of his former self.

[0:20:58] Trustee Grove: There he is.

[0:21:00] Trustee Luckham: Yeah, I'm just, your connection seemed to be broken and I wasn't sure if that was my problem or yours. I suspect it might have been mine so I'm just going to switch to a hotspot so I'm sorry Stefan, I didn't catch everything that you said.

[0:21:13] Voice 6: I was waiting for you, Mr. Chair.

[0:21:16] Voice 6: So I shall begin.

[0:21:17] Voice 6: So it's in regards to the liquor enforcement.

[0:21:21] Voice 6: I just wanted to give the update that you guys don't see a lot of the back channels that happen here.

[0:21:25] Voice 6: So the province announced the liquor control branch that the temporary expanded service area authorizations regarding patio bounding and signage,

[0:21:36] Voice 6: the local governments have until July 30th to raise concerns about the existing authorizations

[0:21:44] Voice 6: in their jurisdiction before those temporary authorizations are automatically extended by

[0:21:50] Voice 6: seven months and so what staff have done we gave them the original LTC permissions

[0:21:55] Voice 6: and the last time we gave we confirmed that those were in place and this time

[0:21:59] Voice 6: staff have not responded just with the with the belief that well with the understanding

[0:22:06] Voice 6: that those the the branch will extend it seven months and i'm assuming that's the will of the

[0:22:12] Voice 6: ltc so staff are basically ignoring it because that's what they said is the easiest thing for

[0:22:16] Voice 6: them to do and the second half of just so you know that so there's a seven month for the patios

[0:22:21] Voice 6: and that takes you to january which is pretty reasonable time the other one is that all

[0:22:26] Voice 6: licenses licenses with current um temporary authorizations whose local governments have

[0:22:31] Voice 6: not raised concerns will be reissued authorization letters automatically extending the expiry date of

[0:22:37] Voice 6: the temporary authorizations for through to june 1st so ones for patios and ones for expansion of

[0:22:44] Voice 6: services and i admit right now i don't have the exact uh separation of those two issues but i can

[0:22:50] Voice 6: tell you the patio permissions from the liquor branch is extended to january and but they're

[0:22:55] Voice 6: also talking about further extension until june of 2022. so i just thought i'd bring that to the

[0:23:00] Voice 6: attention to the ltc that that's um coming sort of gone through the office and it's i'm sure you'll

[0:23:05] Voice 6: be asked out there so how you know okay

[0:23:11] Trustee Luckham: thank you for that update that's important trustee patrick

[0:23:14] Trustee Luckham: i

[0:23:14] Trustee Patrick: know we heard from one i thought we had a piece of correspondence but i guess it didn't make this

[0:23:18] Trustee Patrick: cut off but um um yeah no i i certainly support i know our our local island uh um businesses took

[0:23:28] Trustee Patrick: such a hit through covid that uh anything to help them get back on solid ground is uh good with me

[0:23:39] Trustee Luckham: great okay thank you for that update then on 7.1 um so now let's go down to 9.11 on page 95 of the

[0:23:48] Trustee Luckham: agenda um we have a number of bylaw enforcement items here um and um i'll acknowledge it will

[0:23:56] Trustee Luckham: Warren Dingman is with us so 9.1.1 new bylaw enforcement policy on unlawful dwellings

[0:24:02] Trustee Luckham: there's a report for us so

[0:24:07] Trustee Luckham: BEO manager Dingman over to you morning

[0:24:13] Manager of Bylaw Compliance and Enforcement (probable): chair morning trustees

[0:24:16] Manager of Bylaw Compliance and Enforcement (probable): so with this staff report the purpose of the report is provide an update on compliance

[0:24:23] Manager of Bylaw Compliance and Enforcement (probable): enforcement files for unlawful dwellings and provide recommendations for new enforcement

[0:24:26] Manager of Bylaw Compliance and Enforcement (probable): policy. In March, the Local Trust Committee passed a resolution requesting the report

[0:24:32] Manager of Bylaw Compliance and Enforcement (probable): and the information and the development of a new policy. Currently, there's 44 open files

[0:24:41] Manager of Bylaw Compliance and Enforcement (probable): for unlawful dwellings in Salt Springs. I provided a basic table. We have some type

[0:24:47] Manager of Bylaw Compliance and Enforcement (probable): of accessory building being converted into a dwelling, 21 of those. The next largest

[0:24:53] Manager of Bylaw Compliance and Enforcement (probable): portion is travel trailers being used for residential use and subject to complaint

[0:24:58] Manager of Bylaw Compliance and Enforcement (probable): and then secondary suites is in secondary suites in an area where the secondary suites are not

[0:25:06] Manager of Bylaw Compliance and Enforcement (probable): permitted then you have basically some other files regarding the float homes

[0:25:11] Manager of Bylaw Compliance and Enforcement (probable): one seasonal cottage that's had residential use and we have a file about a homeless camp

[0:25:18] Manager of Bylaw Compliance and Enforcement (probable): and a small fraction of the files do have multiple issues you know there'll be accessory buildings

[0:25:25] Manager of Bylaw Compliance and Enforcement (probable): used for residential use and these are travel trailers and we have no files open for complaints

[0:25:32] Manager of Bylaw Compliance and Enforcement (probable): against properties being used for employee housing this afternoon it's highly likely that

[0:25:39] Manager of Bylaw Compliance and Enforcement (probable): the province will announce that we'll move into phase three and in the very near future the public

[0:25:45] Manager of Bylaw Compliance and Enforcement (probable): health emergency for COVID-19 will end and the policy that was in force regarding non-enforcement

[0:25:52] Manager of Bylaw Compliance and Enforcement (probable): during COVID would come to a close if that occurs. The main issue with these that is expressed by

[0:26:02] Manager of Bylaw Compliance and Enforcement (probable): complainants about these dwellings, non-permitted dwellings, is the septic. The sewage that's being

[0:26:10] Manager of Bylaw Compliance and Enforcement (probable): created, the black water that's being created, and how it's being disposed of. That is the primary

[0:26:16] Manager of Bylaw Compliance and Enforcement (probable): concern of the complainants and they expressed very much their concern about their well water

[0:26:23] Manager of Bylaw Compliance and Enforcement (probable): supplies when they're living in proximity to these non-permitted dwellings and when there's

[0:26:31] Manager of Bylaw Compliance and Enforcement (probable): no confidence that the sewage is being properly disposed of. And the rationale for the recommendation

[0:26:39] Manager of Bylaw Compliance and Enforcement (probable): what I've tried to put the emphasis on is the health and safety concerns and the lack of

[0:26:45] Manager of Bylaw Compliance and Enforcement (probable): of approved sewage disposal and there should also be a priority placed on those properties with the

[0:26:52] Manager of Bylaw Compliance and Enforcement (probable): development permit areas and the environmental development permit areas and this policy would

[0:26:58] Manager of Bylaw Compliance and Enforcement (probable): be interpreted as including all types of non-permitted dwellings and employee houses

[0:27:01] Manager of Bylaw Compliance and Enforcement (probable): non-permitted suites residential use accessory building structures and travel trailers

[0:27:06] Manager of Bylaw Compliance and Enforcement (probable): and for the residential use in marine marine zones so there is a recommendation for the

[0:27:13] Manager of Bylaw Compliance and Enforcement (probable): the local trust committee to consider,

[0:27:16] Manager of Bylaw Compliance and Enforcement (probable): and I will take any questions.

[0:27:21] Trustee Luckham: Thank you.

[0:27:23] Trustee Luckham: Trustee Grove, you have a question?

[0:27:24] Trustee Grove: I have two.

[0:27:25] Trustee Grove: The first is I thought that we had passed a motion

[0:27:30] Trustee Grove: similar to this quite some time ago

[0:27:32] Trustee Grove: and that we were not going after unlawful dwellings.

[0:27:36] Trustee Grove: Is that, am I missing something?

[0:27:39] Manager of Bylaw Compliance and Enforcement (probable): The previous resolution was very specific

[0:27:43] Manager of Bylaw Compliance and Enforcement (probable): to the residential use of seasonal cottages

[0:27:46] Manager of Bylaw Compliance and Enforcement (probable): and non-permitted secondary suites.

[0:27:51] Manager of Bylaw Compliance and Enforcement (probable): It was a limited resolution.

[0:27:53] Manager of Bylaw Compliance and Enforcement (probable): So enforcement against travel trailers

[0:27:55] Manager of Bylaw Compliance and Enforcement (probable): and accessory buildings being converted

[0:27:59] Manager of Bylaw Compliance and Enforcement (probable): for residential use,

[0:28:01] Manager of Bylaw Compliance and Enforcement (probable): that would not have captured all of those.

[0:28:05] Trustee Grove: Thank you.

[0:28:05] Trustee Grove: And by the way, I am in support of this recommendation.

[0:28:10] Trustee Grove: One quick question with regard to composting

[0:28:14] Trustee Grove: toilets is that is that included um under b uh we

[0:28:23] Manager of Bylaw Compliance and Enforcement (probable): would have to investigate the the composting use

[0:28:27] Manager of Bylaw Compliance and Enforcement (probable): and whether or not the system has in some way been approved by viha or through a registered

[0:28:34] Manager of Bylaw Compliance and Enforcement (probable): on-site waste practitioner the some of these are their unique cases and in some cases i would say

[0:28:42] Manager of Bylaw Compliance and Enforcement (probable): the waste is being disposed of properly.

[0:28:46] Manager of Bylaw Compliance and Enforcement (probable): And then there's other cases where we're concerned

[0:28:49] Manager of Bylaw Compliance and Enforcement (probable): that it's not being disposed of properly.

[0:28:51] Manager of Bylaw Compliance and Enforcement (probable): And I would have to check with VHAs

[0:28:53] Manager of Bylaw Compliance and Enforcement (probable): as to whether or not they're accepting registrations

[0:28:56] Manager of Bylaw Compliance and Enforcement (probable): for composting toilets.

[0:28:58] Manager of Bylaw Compliance and Enforcement (probable): That I'm not certain of,

[0:29:00] Manager of Bylaw Compliance and Enforcement (probable): but it's something we would investigate

[0:29:01] Manager of Bylaw Compliance and Enforcement (probable): with each individual case

[0:29:03] Manager of Bylaw Compliance and Enforcement (probable): if there's concern about composting toilets.

[0:29:06] Trustee Grove: But there are composting toilets available on the market,

[0:29:10] Trustee Grove: I understand, which seem to have a good track record of managing compost appropriately.

[0:29:19] Manager of Bylaw Compliance and Enforcement (probable): Absolutely. There are some of them which are being absolutely no concern and then there's others

[0:29:24] Manager of Bylaw Compliance and Enforcement (probable): where we're just not concerned. There is concern that they're actually properly using the composting

[0:29:30] Manager of Bylaw Compliance and Enforcement (probable): toilets and not just dumping waste out on the land when it's too full. I would say the concern

[0:29:36] Manager of Bylaw Compliance and Enforcement (probable): over the composting toilets it's minimal thank

[0:29:40] Trustee Grove: you so should that should this recommendation

[0:29:43] Trustee Grove: include a reference to self-composting toilets somehow as

[0:29:51] Manager of Bylaw Compliance and Enforcement (probable): in exempting them from

[0:29:54] Manager of Bylaw Compliance and Enforcement (probable): enforcement or a consideration that they would be permitted

[0:30:00] Trustee Grove: that they be permitted

[0:30:01] Manager of Bylaw Compliance and Enforcement (probable): so I haven't done enough research and I just don't have

[0:30:07] Manager of Bylaw Compliance and Enforcement (probable): the expertise to make that to make that statement or comment on that I would

[0:30:13] Manager of Bylaw Compliance and Enforcement (probable): need to talk to one of the environmental health officers from via

[0:30:20] Trustee Luckham: yeah just

[0:30:23] Trustee Luckham: before I go to Laura I would suggest that the recommendation here in the

[0:30:27] Trustee Luckham: the policy is it's not a permissive document. It's an exemption. It's not an exemption document.

[0:30:39] Trustee Luckham: It's everything is allowed except the following and sewage disposal is included in that. So I

[0:30:46] Trustee Luckham: don't know that we would want to have in this particular piece things that we were giving

[0:30:52] Trustee Luckham: permissions for. And maybe Warren might like to comment on that, but then I'll go to trustee

[0:30:56] Trustee Luckham: Patrick I

[0:30:58] Manager of Bylaw Compliance and Enforcement (probable): would agree with your your statement chair that this I don't think

[0:31:03] Manager of Bylaw Compliance and Enforcement (probable): there's a concern

[0:31:04] Manager of Bylaw Compliance and Enforcement (probable): about the composting toilets overall I think for the most part they would be considered approved

[0:31:08] Manager of Bylaw Compliance and Enforcement (probable): septic systems or sewage disposal thank

[0:31:12] Trustee Grove: you that sounds is my question thank you trustee Patrick

[0:31:16] Trustee Grove: yeah

[0:31:18] Trustee Patrick: and I I think uh it's very sad that uh we have to have a discussion like this that you know

[0:31:26] Trustee Patrick: We don't have equitable housing for our population here on Salt Spring.

[0:31:35] Trustee Patrick: And I do know that there isn't a business on this island that's not suffering right now with trying to retain, never mind fill, vacancies of positions that they have.

[0:31:47] Trustee Patrick: have. So the housing situation on this island is only worsened in this past year. It hasn't

[0:31:57] Trustee Patrick: improved. Even though we had the 24 units opened at Salt Spring Community Services, those were

[0:32:03] Trustee Patrick: very welcomed, beautiful homes for 24 families. I think, you know, I understand the conversation

[0:32:12] Trustee Patrick: I think the big thing here is to, and I don't know if we have to make it a second recommendation, is to ask bylaw enforcement to continue to monitor what is happening and what they're seeing in relationship to where people are finding they're having to live.

[0:32:34] Trustee Patrick: um you know so that we could be proactive i guess if if we you know find a trend or something that's

[0:32:40] Trustee Patrick: happening that um we weren't expecting or or that our rules are um unnecessarily adding burden

[0:32:48] Trustee Patrick: you know to situations so um i um to to both you know the people that have to live with but also

[0:32:56] Trustee Patrick: So, you know, that we are doing our best to recognize a really bad situation here on the

[0:33:03] Trustee Patrick: island for housing.

[0:33:06] Trustee Patrick: So I don't, would we need to add another recommendation to ask by law enforcement to sort of

[0:33:11] Trustee Patrick: monitor to say, you know, monitor the, what they're seeing if like in regards to the composting

[0:33:18] Trustee Patrick: toilets and things of that nature, if there's something that, you know, we could improve

[0:33:24] Trustee Patrick: to approve this resolution over time as we need to?

[0:33:29] Manager of Bylaw Compliance and Enforcement (probable): Chair, I would say that that's just part

[0:33:31] Manager of Bylaw Compliance and Enforcement (probable): of the normal part of my job

[0:33:33] Manager of Bylaw Compliance and Enforcement (probable): and the bylaw officer's job who are working on the island

[0:33:36] Manager of Bylaw Compliance and Enforcement (probable): is just to ensure that we're aware of any trends

[0:33:38] Manager of Bylaw Compliance and Enforcement (probable): that are going on and anything that we might need to bring

[0:33:41] Manager of Bylaw Compliance and Enforcement (probable): to the LTC's attention.

[0:33:44] Trustee Patrick: Full faith in you, Mr. Digman,

[0:33:47] Trustee Patrick: that you would be doing that.

[0:33:48] Trustee Patrick: So that's fantastic.

[0:33:53] Trustee Luckham: Okay, thank you.

[0:33:53] Trustee Luckham: Any other questions on this one?

[0:33:56] Trustee Luckham: Maybe I'll just ask a question then. Just on the F, there are non-permitted campgrounds.

[0:34:05] Trustee Luckham: Seems to me that I'm not sure what the difference between camping and campgrounds might be,

[0:34:12] Trustee Luckham: because certainly we know that people are camping in the woods, and I don't know if you consider

[0:34:19] Trustee Luckham: that to be a campground, and that a campground is something commercial, is one of my questions

[0:34:26] Trustee Luckham: of clarity there over to you uh

[0:34:28] Manager of Bylaw Compliance and Enforcement (probable): that f could be uh clarified to saying the residential use

[0:34:33] Manager of Bylaw Compliance and Enforcement (probable): and non-permitted campgrounds um because that's where the real concern is is that people have

[0:34:41] Manager of Bylaw Compliance and Enforcement (probable): it's not necessarily camping but there are some property owners on salt spring who

[0:34:48] Manager of Bylaw Compliance and Enforcement (probable): they've set up areas where people can bring in their tents and their travel trailers

[0:34:53] Manager of Bylaw Compliance and Enforcement (probable): they say that they're they're selling those pads for use and it's often residential use

[0:35:00] Manager of Bylaw Compliance and Enforcement (probable): and they often do not have any type of approved septic system to deal with that that use that

[0:35:08] Manager of Bylaw Compliance and Enforcement (probable): was the intention of you know ensuring that we still continue enforcement on those type of

[0:35:13] Manager of Bylaw Compliance and Enforcement (probable): campgrounds

[0:35:14] Trustee Luckham: right so then you're suggesting that there might be some clarity there following

[0:35:19] Trustee Luckham: following campgrounds, perhaps on residentially zoned properties? And I'll go to Trustee Patrick.

[0:35:27] Trustee Luckham: Well,

[0:35:28] Trustee Patrick: I have a suggestion that I think it says enforcement activities will be deferred on all

[0:35:32] Trustee Patrick: unlawful dwellings. We could probably could say on all unlawful dwellings being used for residential

[0:35:39] Trustee Patrick: purposes or something right there, because that's what we're talking about. We're not talking about

[0:35:44] Trustee Patrick: out someone using it as a short-term vacation rental and putting people in their uh accessory

[0:35:49] Trustee Patrick: buildings or unlawful um campgrounds it's about using them for you know a resident of people that

[0:35:56] Trustee Patrick: were trying to be permissive here not permissive but not enforceable okay so

[0:36:04] Trustee Luckham: are you suggesting

[0:36:05] Trustee Luckham: an amendment then other than amending

[0:36:08] Trustee Patrick: just would would that solve the problem was right at the

[0:36:11] Trustee Patrick: the beginning it says the sentence that says enforcement activities will be deferred for all

[0:36:15] Trustee Patrick: unlawful dwellings should we add unlawful dwellings used for residential purposes

[0:36:22] Trustee Patrick: would that help in that sentence at the top

[0:36:26] Trustee Patrick: i

[0:36:27] Manager of Bylaw Compliance and Enforcement (probable): think that would add some clarification to the recommendation yes i

[0:36:34] Trustee Grove: think that's a good idea

[0:36:35] Trustee Grove: yeah okay

[0:36:35] Trustee Luckham: and then we would retain the item f as it is well

[0:36:42] Trustee Patrick: because now it's it's referring

[0:36:44] Trustee Patrick: to residential dwellings not okay any other use i i but i'm looking to warren he's the one that

[0:36:51] Trustee Patrick: has to interpret this i

[0:36:55] Manager of Bylaw Compliance and Enforcement (probable): think the add of the residential use in the first sentence would

[0:36:59] Manager of Bylaw Compliance and Enforcement (probable): clarify everything all

[0:37:02] Trustee Luckham: right then okay so let's uh assume then that the person that moves the

[0:37:05] Trustee Luckham: motion we'll make that amendment and then if it's seconded we'll continue on with the

[0:37:10] Trustee Luckham: adoption process so is there any other questions i'm just going to add oh sorry go ahead step on

[0:37:19] Voice 6: thank you mr just add for clarification i'm going to read you the definition of campground in the

[0:37:23] Voice 6: land use bylaw so you have a clear picture of what it is and campground means the use of land

[0:37:29] Voice 6: for the temporary accommodation of paying guests who bring in sleep in a camping unit on a campsite

[0:37:36] Voice 6: so it's uh there's there's a fair bit to that but just so you know it means a paying guest

[0:37:44] Voice 6: so it's not after you know residential yeah

[0:37:47] Trustee Luckham: i don't know that that helps me but

[0:37:49] Trustee Luckham: okay sorry

[0:37:50] Voice 6: help me i'm not satisfied

[0:37:51] Trustee Luckham: with the conversation

[0:37:54] Trustee Luckham: um any further discussion or one of the trustees want to make

[0:37:58] Trustee Patrick: a motion i'm happy to proceed with

[0:38:00] Trustee Patrick: the motion i move that the salt spring island local trust committee adopt the following

[0:38:03] Trustee Patrick: enforcement activities will be deferred for all unlawful dwellings being used for residential

[0:38:10] Trustee Patrick: purposes except in the following circumstances. There are concerns regarding health and safety.

[0:38:18] Trustee Patrick: There are concerns that sewage is not being disposed of in an approved septic or sewage

[0:38:23] Trustee Patrick: disposal system. There are concerns that septic sewage disposal systems are being used in

[0:38:29] Trustee Patrick: in excess of capacity or ability to result

[0:38:32] Trustee Patrick: as a result of unlawful dwellings.

[0:38:37] Trustee Patrick: There are concerns of possible contamination of wells

[0:38:40] Trustee Patrick: or other drinking water sources.

[0:38:42] Trustee Patrick: Unlawful dwellings are in environmentally sensitive areas.

[0:38:45] Trustee Patrick: There are non-permitted campgrounds

[0:38:48] Trustee Patrick: and that the Salt Spring Island Local Trust Committee

[0:38:50] Trustee Patrick: may change this policy at any time

[0:38:52] Trustee Patrick: and may give direction to resume enforcement activities

[0:38:54] Trustee Patrick: at any time.

[0:38:57] Trustee Grove: I second that.

[0:39:00] Trustee Luckham: Okay, so that's moved and seconded.

[0:39:01] Trustee Luckham: is there any further discussion no um i can't help but want to ask the question that um under

[0:39:10] Trustee Luckham: regarding health and safety in your mind warren does that include overcrowding or fire risk

[0:39:20] Manager of Bylaw Compliance and Enforcement (probable): absolutely what there's many of these uh especially the accessory buildings like small

[0:39:27] Manager of Bylaw Compliance and Enforcement (probable): all garden sheds they have no smoke detectors and some of them even have stoves installed without

[0:39:34] Manager of Bylaw Compliance and Enforcement (probable): any building permit for them like wood stoves for which they would need a permit so yes the

[0:39:42] Manager of Bylaw Compliance and Enforcement (probable): that's one of the things that we're looking at it's just the fire risks in some of these

[0:39:46] Manager of Bylaw Compliance and Enforcement (probable): really that the smaller sheds and what thought that have been converted into dwellings

[0:39:50] Manager of Bylaw Compliance and Enforcement (probable): Okay, thank you.

[0:39:53] Trustee Luckham: So if there's no further questions, then I will call the question.

[0:39:57] Trustee Luckham: So all those in favor of the motion as read out, that carries unanimously. And I want to thank

[0:40:06] Trustee Luckham: staff for bringing that to us. So there is a second motion now.

[0:40:10] Trustee Grove: Which I will move. I move the Salisbury Local Trust Committee rescinds all previous

[0:40:14] Trustee Grove: resolutions about enforcement policy related to unlawful dwellings.

[0:40:18] Trustee Grove: a

[0:40:20] Trustee Luckham: move seconded by trustee Patrick any discussion on this straightforward administrative all those

[0:40:25] Trustee Luckham: in favor any opposed none opposed that also carries well thank you very much Warren for

[0:40:32] Trustee Luckham: bringing that item to us so 9.1.2 is bylaw enforcement response to a letter from Hannah

[0:40:43] Trustee Luckham: concerning bed and breakfast home occupations over to you Warren page 98 of our agenda

[0:40:50] Trustee Luckham: So,

[0:40:51] Manager of Bylaw Compliance and Enforcement (probable): Trustees, I've provided a response to Mr. and Mrs. Hanna regarding their use of their property for what I still consider a short-term vacation rental.

[0:41:06] Manager of Bylaw Compliance and Enforcement (probable): I provided the definition and regulations concerning the bed and breakfast use that is permitted under the land use bylaw and tried to provide as much explanation as possible, you know, just to provide clarification for them on how they may conduct a bed and breakfast operation on the property.

[0:41:28] Manager of Bylaw Compliance and Enforcement (probable): One of the issues with this particular file is that there are the multiple websites advertising the business, and it does give the impression that there's multiple short-term vacation rental operations on this property.

[0:41:46] Manager of Bylaw Compliance and Enforcement (probable): property so it would be helpful if to avoid confusion they could limit the number of rentals

[0:41:53] Manager of Bylaw Compliance and Enforcement (probable): that they uh advertisements that they have and to provide some clarification and i've also can

[0:41:59] Manager of Bylaw Compliance and Enforcement (probable): explain some of my concerns with this particular operation as regard the size of the uh the

[0:42:06] Manager of Bylaw Compliance and Enforcement (probable): cottage the seasonal cottage that they are using they are permitted a seasonal cottage but um i

[0:42:13] Manager of Bylaw Compliance and Enforcement (probable): I have concerns that it is of the lawful size and if it is not of the lawful

[0:42:18] Manager of Bylaw Compliance and Enforcement (probable): size, then the operation, you know,

[0:42:22] Manager of Bylaw Compliance and Enforcement (probable): that they're contravening the land use bylaw may not be operating a lawful

[0:42:26] Manager of Bylaw Compliance and Enforcement (probable): home-based business as that seasonal cottage may be oversized given the

[0:42:32] Manager of Bylaw Compliance and Enforcement (probable): number of bedrooms that they've placed in it and the number of people that

[0:42:36] Manager of Bylaw Compliance and Enforcement (probable): they're housing or not housing, sorry,

[0:42:38] Manager of Bylaw Compliance and Enforcement (probable): but the number of paying guests that they're having in the bedrooms of that

[0:42:41] Manager of Bylaw Compliance and Enforcement (probable): seasonal cottage. Are there any questions?

[0:42:48] Trustee Luckham: any questions trustee patrick

[0:42:51] Trustee Patrick: mine's more just related just uh just so you know that the motion

[0:42:55] Trustee Patrick: that we passed about asking the crd to consider business licenses is slowly progressing through

[0:43:01] Trustee Patrick: and that the crd board is or the i don't know if it's a board the group of three um electoral area

[0:43:07] Trustee Patrick: directors um are contemplating um you know doing further study and they're collecting some

[0:43:14] Trustee Patrick: information. I think this is one of the examples where a positive is that a bed and breakfast can

[0:43:19] Trustee Patrick: get clarity as to if a business is legal by using a business permit process. But we'll see where

[0:43:25] Trustee Patrick: this all goes.

[0:43:30] Trustee Grove: Indeed. Peter Grove. I think the basic question we must always ask ourselves in

[0:43:35] Trustee Grove: these situations is, could the property, whether it's a cottage or a suite, be used for long-term

[0:43:41] Trustee Grove: occupation, because that's what we're trying to deal with here. And so we can't, we must never

[0:43:48] Trustee Grove: lose sight of that.

[0:43:54] Trustee Luckham: Right, as opposed to being used as a commercial operation.

[0:44:00] Trustee Grove: Yeah, I mean,

[0:44:01] Trustee Grove: if we're going after somebody who's got a cottage, which if it could be used for long term,

[0:44:09] Trustee Grove: then I think we should pursue it and encourage or require the owner to only use it for long term

[0:44:16] Trustee Grove: residents um rather than short term but that's what this is all about and we mustn't forget that

[0:44:22] Trustee Grove: fair

[0:44:24] Trustee Luckham: enough thank you so there's no action required on this one um so trustee patrick

[0:44:29] Trustee Luckham: you have another remark well

[0:44:30] Trustee Patrick: i just want to say the complexities of the situation is our

[0:44:33] Trustee Patrick: our our bylaws say you can't use a seasonal cottage legally for um for permanent so i mean

[0:44:38] Trustee Patrick: we and that's what i'm hoping the housing action program should be mining all of our rules to look

[0:44:43] Trustee Patrick: for uh you know where where and how we can um make sure we are encouraging affordable housing

[0:44:49] Trustee Patrick: if

[0:44:50] Trustee Grove: i may um but in but they with a temporary use permit um we they we should be able to turn

[0:44:58] Trustee Grove: that into a long-term residence although we don't have temporary use permits

[0:45:03] Trustee Grove: for residential which is something i have been pushing for for some time without success

[0:45:07] Trustee Grove: Okay.

[0:45:14] Trustee Grove: And

[0:45:14] Trustee Luckham: Stefan Cermak

[0:45:15] Trustee Grove: has his hand up, Joe.

[0:45:18] Trustee Grove: Oh,

[0:45:18] Trustee Luckham: I missed that.

[0:45:19] Trustee Luckham: Stefan.

[0:45:20] Trustee Luckham: Sure.

[0:45:21] Voice 6: My apologies.

[0:45:21] Voice 6: The temporary use permits we have don't have any policies regarding residential use, but that doesn't mean you can't use them for that.

[0:45:29] Voice 6: It's just you have zero guidelines.

[0:45:31] Voice 6: So when you did the industrial land use bylaw amendments, you removed the terms commercial and industrial and the strict adherence to commercial industrial.

[0:45:42] Voice 6: industrial you didn't put in any residential policies which would be you know which you have

[0:45:46] Voice 6: a draft bylaw for but uh for clarity you you can consider them for residential you'll just have a

[0:45:51] Voice 6: blank um tup if you know what i mean you have no guidelines sorry

[0:45:57] Trustee Grove: thank you um and if i may

[0:45:59] Trustee Grove: jump in again um that's i had not realized that or i had forgotten that but that's hugely important

[0:46:05] Trustee Grove: and uh it would be helpful for people to know that they can actually apply for a tup in such

[0:46:11] Trustee Grove: cases. Okay. And

[0:46:21] Trustee Grove: that may be helpful for Warren Dingman to be able to pass on to people who are

[0:46:28] Trustee Grove: apparently breaking the rules.

[0:46:37] Trustee Luckham: Okay. So this is an information piece, no decision here.

[0:46:42] Trustee Luckham: And an opportunity to indeed provide local reflections to Warren Dingman. And so if

[0:46:54] Trustee Luckham: there's nothing further we'll receive this for information and i want to thank warren for

[0:46:58] Trustee Luckham: that work okay so the next item then is by law enforcement policy on portable sawmills

[0:47:07] Trustee Luckham: this is an interesting discussion we've certainly heard lots about this just recently

[0:47:12] Trustee Luckham: and so i'll turn it over to warren dingman to uh brief us on this report and i'm sure there'll be

[0:47:19] Trustee Luckham: a few questions over to you sir thank

[0:47:22] Manager of Bylaw Compliance and Enforcement (probable): you chair so the purpose of this part is to provide

[0:47:24] Manager of Bylaw Compliance and Enforcement (probable): information on portable sawmills and policies for the use of portable sawmills on may 25th

[0:47:30] Manager of Bylaw Compliance and Enforcement (probable): the ltc passed a resolution asking for clarification and a report on this matter

[0:47:35] Manager of Bylaw Compliance and Enforcement (probable): so currently we have no complaints or enforcement files for sawmills or portable

[0:47:41] Manager of Bylaw Compliance and Enforcement (probable): sawmills on the island there's nothing specific to a sawmill but yes there has been some

[0:47:47] Manager of Bylaw Compliance and Enforcement (probable): public concern about whether or not sawmills are a lawful use

[0:47:52] Manager of Bylaw Compliance and Enforcement (probable): on a property where they're going to mill their own timber for construction sites on the property

[0:48:00] Manager of Bylaw Compliance and Enforcement (probable): and what RPM CIRMAC and myself have tried to accomplish with this report is to make a

[0:48:07] Manager of Bylaw Compliance and Enforcement (probable): distinction between an industrial sawmill that would only be permitted in a general employment

[0:48:12] Manager of Bylaw Compliance and Enforcement (probable): zone and a portable sawmill that may be considered a tool for personal use and thus considered a

[0:48:20] Manager of Bylaw Compliance and Enforcement (probable): irregular accessory use in rural zone areas similar to chainsaw compressors and other portable tools

[0:48:26] Manager of Bylaw Compliance and Enforcement (probable): what i've done in the report is given you examples that sort of would distinguish the

[0:48:32] Manager of Bylaw Compliance and Enforcement (probable): industrial use and the temporary sawmilling and the portable sawmilling use on north pender

[0:48:39] Manager of Bylaw Compliance and Enforcement (probable): they limit the use to an industrial a home industry is permitted on large lots

[0:48:46] Manager of Bylaw Compliance and Enforcement (probable): On other islands like Saturna and Galliano, they have specific, really by definition, specific definitions for temporary or temporary sawmilling to allow the portable sawmill use to mill your own timber on the lot for construction purposes.

[0:49:06] Manager of Bylaw Compliance and Enforcement (probable): services so the rationale for the recommendation is that the use of the portable sawmills it's very

[0:49:13] Manager of Bylaw Compliance and Enforcement (probable): common we receive few complaints as they are really just being used for local building projects

[0:49:21] Manager of Bylaw Compliance and Enforcement (probable): and their use does allow you know great reduction and not just building costs but

[0:49:27] Manager of Bylaw Compliance and Enforcement (probable): you know a much less carbon footprint which I think is obvious because it's not you're not

[0:49:32] Manager of Bylaw Compliance and Enforcement (probable): having the timber trucked out and then the lumber trucked back to the construction site which

[0:49:40] Manager of Bylaw Compliance and Enforcement (probable): obviously is really unnecessary if people are if there's explicit regulation that allows the

[0:49:47] Manager of Bylaw Compliance and Enforcement (probable): portable sawmill use so the recommendation that is before the local trust committee is that

[0:49:54] Manager of Bylaw Compliance and Enforcement (probable): enforcement of portable sawmills would be deferred for the milling of lumber harvested on the same

[0:49:58] Manager of Bylaw Compliance and Enforcement (probable): property while the local trust committee considers amendments to the land use by law

[0:50:04] Manager of Bylaw Compliance and Enforcement (probable): are there any questions uh

[0:50:07] Trustee Luckham: trustees trustee patrick over to you as

[0:50:10] Trustee Patrick: i say there's some other

[0:50:11] Trustee Patrick: um i thought i think it's wanda fuka and there's another area that has a home-based

[0:50:19] Trustee Patrick: occupation that's pretty nicely described for different sizes of lots and things of that nature

[0:50:24] Trustee Patrick: that are good sources too um but no thank you for this um

[0:50:32] Trustee Grove: i'm major and thank you um also from me

[0:50:36] Trustee Grove: i'm warren um can we press on with coming up with a policy and who would um would that come from

[0:50:43] Trustee Grove: warren or other staff staff

[0:50:50] Trustee Luckham: who would like to address that question i

[0:50:54] Voice 6: guess i'll jump in there

[0:50:55] Voice 6: uh thank you mr chair so policies it it kind of depends if you're talking about what you have

[0:51:00] Voice 6: before you is a policy recommendation and an enforcement policy so of course any bylaw

[0:51:05] Voice 6: enforcement policies go through warren and as you note that this one is a enforcement on portable

[0:51:12] Voice 6: sawmills will be deferred until it's considered in the land use bylaw amendment you have that

[0:51:20] Voice 6: already as a noted item in your land use bylaw for your projects so when the ltc opens up the

[0:51:26] Voice 6: the land use bylaw for amendments it'll be included as that project in the meantime it's

[0:51:31] Voice 6: not on any of the immediate projects that you're doing so if you want a different bylaw enforcement

[0:51:38] Voice 6: policy you can ask warren to draft one if you're thinking something else let me know otherwise

[0:51:44] Voice 6: it'll become part of your land use bylaw amendment project when and if that happens

[0:51:50] Trustee Luckham: thank you for that advice laura patrick i

[0:51:53] Trustee Patrick: think there's an opportunity to consider adding it to

[0:51:56] Trustee Patrick: the housing action program as they develop land use bylaw recommendations because it is about

[0:52:01] Trustee Patrick: how where and you know the environmental and social impacts of our housing too so

[0:52:07] Trustee Patrick: to me this is right there as a potential either uh environmental and a positive way if we're not

[0:52:15] Trustee Patrick: moving timber around but um something like i said it wouldn't be a far stretch yeah

[0:52:25] Trustee Luckham: um i have a

[0:52:28] Trustee Luckham: a couple of remarks about this is that I think there's more to this than is presently contained

[0:52:36] Trustee Luckham: in either the policies that exist on the other islands or the conversation in general and indeed

[0:52:45] Trustee Luckham: activities that are typically undertaken with saw milling having milled virtually all of the

[0:52:55] Trustee Luckham: the timber in my house with a portable sawmill, not one that I own, but one that I contracted.

[0:53:02] Trustee Luckham: And that sawmill came to my property and milled lumber that came from somewhere else

[0:53:11] Trustee Luckham: out of convenience. A truckload of lumber was brought to my property. It was milled here.

[0:53:16] Trustee Luckham: Very difficult on undeveloped properties to do that anywhere away from a lot line.

[0:53:23] Trustee Luckham: buying. And so certainly there may be concerns. But my primary thoughts here is that

[0:53:33] Trustee Luckham: portable sawmills are portable sawmills so that somebody can tow them behind their vehicle

[0:53:37] Trustee Luckham: and plop them down anywhere and mill a bunch of lumber. It's not practical for, in most cases,

[0:53:43] Trustee Luckham: for somebody to actually buy a mill and mill the lumber and then sell the mill when they're

[0:53:47] Trustee Luckham: finished. And I don't know actually in reality how many people run a, I'm sure there are,

[0:53:54] Trustee Luckham: many people run sawmills on their property without ever moving them anywhere else because it's easier

[0:54:00] Trustee Luckham: to move the sawmill to the logs than it is to move the logs to the sawmill. And so I think that we

[0:54:07] Trustee Luckham: need to reflect upon that kind of use which is not indicated here and yeah so bottom line is that

[0:54:18] Trustee Luckham: I think there's more to this. I sort of like the notion of not sawmilling for more than 45 days

[0:54:24] Trustee Luckham: and a calendar year on any given property because that's certainly perfectly reasonable somebody's

[0:54:29] Trustee Luckham: building a house they mill a bunch of lumber and then it's over and that's the most important part

[0:54:34] Trustee Luckham: is this is a very short term I think both three four of the occasions when we had the sawmill here

[0:54:39] Trustee Luckham: he was only here for three or four days and sure he ran from morning till evening outside of fire

[0:54:45] Trustee Luckham: season and these days actually I was quite excited when that electric sawmill showed up on

[0:54:51] Trustee Luckham: salt spring that's a whole new noise level um that is very different from the ones that i used

[0:54:57] Trustee Luckham: so um i am satisfied with the notion that uh we will uh the the recommendation is defer

[0:55:06] Trustee Luckham: uh milling of timber harvested uh harvested see i have a little trouble with that because i think

[0:55:13] Trustee Luckham: that that would limit those people that are milling lumber

[0:55:22] Trustee Luckham: that may be trucked to their property.

[0:55:23] Trustee Luckham: But I would suggest that we certainly would be safe

[0:55:26] Trustee Luckham: in deferring milling of timber

[0:55:30] Trustee Luckham: while the local trust committee considers amendments.

[0:55:33] Trustee Luckham: But it's up to the LTC.

[0:55:35] Trustee Luckham: I just wanted to share that with you

[0:55:36] Trustee Luckham: and my own real experience in milling lumber

[0:55:38] Trustee Luckham: and a number of people that I know that mill lumber,

[0:55:41] Trustee Luckham: the lumber, not so much as a home occupation, but certainly that's how they occupy themselves

[0:55:48] Trustee Luckham: when they transport their mill to somebody else's property.

[0:55:52] Trustee Luckham: And maybe Warren might have some remarks on that broader concept.

[0:55:58] Manager of Bylaw Compliance and Enforcement (probable): Chair, it is actually, you're correct.

[0:56:02] Manager of Bylaw Compliance and Enforcement (probable): In fact, we're more likely to get a complaint about a commercial operating moving his saw

[0:56:07] Manager of Bylaw Compliance and Enforcement (probable): mill from property to property to mill the lumber.

[0:56:11] Manager of Bylaw Compliance and Enforcement (probable): uh but for the most part those operations you know they're given time to comply then they can

[0:56:19] Manager of Bylaw Compliance and Enforcement (probable): mill the lumber in a couple of days and then the situation has resolved itself

[0:56:25] Manager of Bylaw Compliance and Enforcement (probable): but the term the concern long term would be someone setting up and there are people

[0:56:33] Manager of Bylaw Compliance and Enforcement (probable): remarkably in my mind who do buy their own portable sawmills and they have projects on

[0:56:38] Manager of Bylaw Compliance and Enforcement (probable): a regular basis on their property but there's always the temptation and they do use it for

[0:56:45] Manager of Bylaw Compliance and Enforcement (probable): commercial or industrial use they're they're milling other people's lumber and they're selling

[0:56:50] Manager of Bylaw Compliance and Enforcement (probable): it or milling it and doing that as a as a service and that's where there's an increase in the

[0:56:56] Manager of Bylaw Compliance and Enforcement (probable): complaints and concerns is where we're not just doing the temporary saw milling it becomes a

[0:57:02] Manager of Bylaw Compliance and Enforcement (probable): permanent operation that of course creates noise and there's certain people have allergies to

[0:57:07] Manager of Bylaw Compliance and Enforcement (probable): certain types of trees when they're milled and that escalates the uh the enforcement file

[0:57:13] Manager of Bylaw Compliance and Enforcement (probable): and and we have to you know try to stop the use in those cases because it's moved well beyond the uh

[0:57:20] Manager of Bylaw Compliance and Enforcement (probable): the milling on the same lot uh trustee patrick had a question well i'm wondering if that

[0:57:27] Trustee Patrick: might help

[0:57:28] Trustee Patrick: resolve this temp you know this policy while we wait to replace it that we say the enforcement

[0:57:34] Trustee Patrick: on the temporary use of portable sawmills.

[0:57:37] Trustee Patrick: I know that now it just says what's temporary and so forth,

[0:57:40] Trustee Patrick: but you've got Galliano and other as references.

[0:57:48] Trustee Luckham: Yeah, I don't know whether or not we,

[0:57:54] Trustee Luckham: it's wise even that if we want to make a recommendation

[0:57:59] Trustee Luckham: on the fly here, it would certainly provide

[0:58:01] Trustee Luckham: some satisfaction to members of the community

[0:58:04] Trustee Luckham: to know what the apportionment policy is,

[0:58:08] Trustee Luckham: we could either make an amendment today

[0:58:10] Trustee Luckham: or defer it to our next meeting

[0:58:12] Trustee Luckham: if amendment seems more complex.

[0:58:16] Trustee Luckham: What's the desire of the trustees?

[0:58:20] Trustee Grove: Sorry, and the amendment is for the temporary

[0:58:24] Trustee Grove: use of portable sawmills.

[0:58:26] Trustee Grove: I assume that's what we're talking about.

[0:58:28] Trustee Grove: And I'd just like Warren's opinion on that.

[0:58:35] Manager of Bylaw Compliance and Enforcement (probable): I don't know that it's really required at this time.

[0:58:39] Manager of Bylaw Compliance and Enforcement (probable): Most of these issues can be sorted out with time to comply in dealing with each individual case.

[0:58:48] Manager of Bylaw Compliance and Enforcement (probable): And really, as I say, we just don't get a lot of complaints about the sawmill use.

[0:58:52] Manager of Bylaw Compliance and Enforcement (probable): Even though there's widespread sawmill use, the complaints are really infrequent.

[0:59:00] Manager of Bylaw Compliance and Enforcement (probable): And one year, you know, it's like a different island each year.

[0:59:03] Manager of Bylaw Compliance and Enforcement (probable): It's very rarely that the complaints come in on the same island over the years.

[0:59:07] Manager of Bylaw Compliance and Enforcement (probable): so but you could add the word temporary uh to the enforcement policy to add some clarification so

[0:59:14] Manager of Bylaw Compliance and Enforcement (probable): that you know someone isn't trying to set up a full-scale uh industrial sawmill on a residential

[0:59:20] Manager of Bylaw Compliance and Enforcement (probable): property yeah

[0:59:25] Trustee Luckham: i'm not so sure about the word temporary good idea but it may be the simplest

[0:59:30] Trustee Luckham: thing is and i'll just say that if the policy read enforcement on portable sawmills will be deferred

[0:59:37] Trustee Luckham: while the local trust committee considers amendments and admittedly that might be broader

[0:59:42] Trustee Luckham: than what you want to do but um that would be maybe a suggestion or simply just defer

[0:59:50] Trustee Luckham: this decision until a later date over to trustees um

[1:00:00] Trustee Grove: Yeah, for me, simple is better.

[1:00:02] Trustee Grove: I mean, I'm happy with the recommendation as it is,

[1:00:05] Trustee Grove: but we could adopt Peter Luckin's suggestion

[1:00:08] Trustee Grove: if Laura agrees.

[1:00:13] Trustee Grove: Laura?

[1:00:15] Trustee Patrick: Yeah, I mean, we can always modify this if we need to.

[1:00:20] Trustee Patrick: So I think that's the thing to recognize

[1:00:23] Trustee Patrick: that it is a policy.

[1:00:24] Trustee Patrick: So if we want to keep it simple at the moment,

[1:00:26] Trustee Patrick: I'm fine with that.

[1:00:27] Trustee Patrick: and then you know to monitor closely and make sure we amend if necessary okay

[1:00:36] Trustee Grove: so I'll give that a go

[1:00:39] Trustee Grove: if I may I move the Salt Spring Island Local Trust Committee adopt the following enforcement

[1:00:44] Trustee Grove: policy colon enforcement on portable salt sawmills will be deferred while the local

[1:00:50] Trustee Grove: trust committee considers amendments to the land use by law right

[1:00:55] Trustee Luckham: moved and seconded any discussion

[1:00:58] Trustee Luckham: No. I'll just note that, you know, a gas-powered sawmill in fire season is probably not a permitted use according to fire code.

[1:01:07] Trustee Luckham: In fact, huge restrictions coming in this year on anything that isn't a CSA-approved appliance that has a flame.

[1:01:16] Trustee Luckham: So this may be all mute. Anyway, so if there's no discussion, I'll call for the vote.

[1:01:21] Trustee Luckham: all those in favor that carries and thank you Warren for bringing this to us

[1:01:28] Trustee Luckham: and and indeed I think it does help provide clarity in the community about

[1:01:32] Trustee Luckham: the intent of the LTC any further

[1:01:35] Trustee Luckham: direction that you would like to

[1:01:37] Trustee Luckham: consider with respect to future development of local trust committee

[1:01:42] Trustee Luckham: policy on this and I realize that's not part of our package here but it seems

[1:01:47] Trustee Luckham: obvious that if we're deferring it until such time that we might want to have

[1:01:51] Trustee Luckham: that on the projects list if it's not already and i apologize for not knowing the answer to

[1:01:55] Trustee Luckham: that question it is on the projects list perfect and so we're set okay so if that's all right then

[1:02:02] Trustee Luckham: i'll move on um actually you know what i would like to do at 10 30 how about we have a five

[1:02:07] Trustee Luckham: minute break get some water splash it on your face turn the fans on full bore and we'll come

[1:02:14] Trustee Luckham: back in five minutes and um and we'll continue with what's going to be an in-camera meeting at

[1:02:21] Trustee Luckham: this point and so for the members of the public we will be going in camera i don't know how long

[1:02:26] Trustee Luckham: that meeting will take it's not extensive but there are a few uh things that will come up

[1:02:31] Trustee Luckham: and then we'll come back into the public meeting but immediately after that we are planned to go

[1:02:37] Trustee Luckham: to a break and until we go into the more public facing portion of the agenda i might consider

[1:02:44] Trustee Luckham: consider that if that break seems early to trustees that if there are any other items that

[1:02:51] Trustee Luckham: we might be able to advance that the public doesn't necessarily need to be fully abreast Bob

[1:02:58] Trustee Luckham: because I don't want to do things outside of a public purview we might consider that but just

[1:03:04] Trustee Luckham: think about that while you're on the break so it's Peter Grove I'm

[1:03:08] Trustee Grove: sorry I'd if possible it'd be nice

[1:03:10] Trustee Grove: to have a bit of a longer break i'd suggest we close the meeting now and uh all return at 11 30.

[1:03:16] Trustee Grove: yes 11 30.

[1:03:19] Trustee Luckham: oh i see um sorry

[1:03:22] Trustee Grove: i was oh we should all return at 12 o'clock i

[1:03:27] Trustee Luckham: see i don't know that

[1:03:29] Trustee Luckham: i want to uh i'm trying to get stuff done while it's a little cooler on the in-camera meeting

[1:03:34] Trustee Luckham: there's no reason for the public participation in that i would rather do that while it is cooler

[1:03:39] Trustee Luckham: so um we can certainly go into in-camera come back and go to our break and then return at 12

[1:03:46] Trustee Luckham: o'clock i think is when we're intended to return is that um so is that okay let's see what happens

[1:03:52] Trustee Luckham: when we come out of the in-camera a

[1:03:54] Trustee Patrick: five minute break before we go into camera i think would be

[1:03:58] Trustee Patrick: appreciated for

[1:03:59] Trustee Luckham: me oh that definitely yeah i want to do five minutes right now and then come back

[1:04:04] Trustee Luckham: and do in camera so let's reconvene at 10 let's call it 10 40. um um and uh uh staff if you put

[1:04:12] Trustee Luckham: a little notice up on the screen that we've recessed and we'll be we'll be returning after

[1:04:18] Trustee Luckham: an in-camera session thank you thank you thanks

[1:04:24] Voice 18: everybody good start a technical note

[1:05:16] Voice 15: to our a

[1:05:17] Voice 15: attendees when we move in camera

[1:05:21] Voice 18: it's appreciated if

[1:05:22] Voice 15: you exit once the motion is made if you do not

[1:05:26] Voice 15: exit you will be removed and then there is a technical process of getting you back into the

[1:05:32] Voice 15: meeting but it's a little bit tricky so if you exit on your own accord and then return at noon

[1:05:38] Voice 18: that would be greatly appreciated thank you sorry

[1:14:41] Trustee Luckham: trustees you're getting distracted

[1:14:43] Trustee Luckham: and I stepped outside and actually the climate is perfect right now. It's just warm enough that

[1:14:51] Trustee Luckham: it's pleasant, but in an hour it will be unbearable. So let us get a motion to go in camera

[1:15:01] Trustee Luckham: and we will make it so.

[1:15:04] Trustee Grove: So I'll move that the Salt Spring Island Local Trust Committee close

[1:15:07] Trustee Grove: this meeting to the public subject to community charter section 91A, personal information about

[1:15:12] Trustee Grove: an identifiable individual who holds or is being considered for a position as an officer employee

[1:15:19] Trustee Grove: or agent of the municipality or another position appointed by the municipality and litigation or

[1:15:26] Trustee Grove: potential litigation affecting the municipality and that staff be invited to remain all right

[1:15:33] Trustee Luckham: moved seconded trustee Patrick thank you very much I'll just call for the vote all those in favor

[1:15:41] Trustee Luckham: that carries so we are now in camera and I'll just give Rob a chance to disconnect the live

[1:15:52] Trustee Luckham: streaming and recording the streaming and all that good stuff again all right so we're back

[1:16:00] Trustee Luckham: to live streaming and recording we have recessed and when we return I will be rising reporting on

[1:16:08] Trustee Luckham: a decision in camera session so thank you everybody for joining us this morning

[1:16:13] Trustee Luckham: and we will be returning at 12 o'clock sharp if I'm not mistaken. That's correct.

[1:16:24] Trustee Luckham: 12 o'clock noon. Thank you.

[2:07:02] Trustee Grove: hey gary how are you

[2:07:03] Voice 3: yeah hi peter um yeah it seems to be a little bit we're

[2:07:09] Trustee Patrick: we're recorded

[2:07:10] Trustee Patrick: in live stream just so everyone remembers okay so

[2:07:13] Trustee Grove: no swearing so are we are we are we live streaming

[2:07:17] Trustee Grove: now yes

[2:07:20] Voice 15: that's correct we've left the we've left recording and live streaming on during the break

[2:07:24] Voice 15: so that people know that we were coming back at noon that's

[2:07:29] Trustee Grove: a scary thought anyway um we'll have

[2:07:32] Trustee Grove: to behave now. Don't we always? Always, Gary, no matter what. Our chair is pretending he's a pirate

[2:07:49] Trustee Grove: with a bandana around his neck.

[2:07:52] Trustee Luckham: Well, I'm glad you mentioned that, Peter, because this is a cooling

[2:07:56] Trustee Luckham: mechanism that is some kind of thing that's in there that you soak it in water, it absorbs water,

[2:08:03] Trustee Luckham: You put it in the fridge and you put it around your neck and it keeps the blood circulating to your brain cool.

[2:08:11] Trustee Luckham: You could probably use this in the winter, too, if you were getting caught

[2:08:16] Trustee Grove: up with things.

[2:08:17] Trustee Grove: Provided you don't tie it too tightly, Chair, that won't help the blood to your head.

[2:08:22] Trustee Luckham: But it helps significantly in cooling the body. So that's what that's about.

[2:08:27] Trustee Grove: And the same with your wrists for some reason.

[2:08:31] Trustee Grove: uh

[2:08:32] Trustee Luckham: no anyway everybody welcome back uh from uh lunch and thank you for the morning's activities

[2:08:41] Trustee Luckham: and welcome gary holman uh regional director for joining us um of course this is for the members

[2:08:48] Trustee Luckham: of the public and the recording um this is the local trust committee meeting for salt spring

[2:08:53] Trustee Luckham: island and we've conducted some administrative work this morning and had an in-camera session

[2:09:01] Trustee Luckham: We are, of course, meeting widely across the Coalish-Salish Territory here on Thedas Island.

[2:09:06] Trustee Luckham: I live in Waxham, and it is a great pleasure, opportunity to be able to live in this amazing

[2:09:16] Trustee Luckham: place with rich history that goes back to the beginning of time. And it's an honor in our time

[2:09:24] Trustee Luckham: time here through reconciliation to work with nations to try and reflect what we have not

[2:09:31] Trustee Luckham: recognized since for the last couple hundred years. And so overjoyed that we are paddling

[2:09:41] Trustee Luckham: together on this journey to reconciliation. I did recognize earlier and I want to do it

[2:09:49] Trustee Luckham: again now because some members of the public will have only just joined us now. This is

[2:09:53] Trustee Luckham: the first opportunity on salt spring island for a public meeting of this magnitude and just want to

[2:09:59] Trustee Luckham: say that we are um mourning also for the uh the lost uh children of so long ago that have now

[2:10:11] Trustee Luckham: been discovered and um the uh the pain and the anguish must be significant is significant um

[2:10:20] Trustee Luckham: and our thoughts and hearts are with everybody

[2:10:23] Trustee Luckham: that is impacted by these discoveries,

[2:10:28] Trustee Luckham: and the journey has just begun.

[2:10:33] Trustee Luckham: I want to now say that we have adopted an agenda before.

[2:10:38] Trustee Luckham: We're now at the more public-facing section

[2:10:40] Trustee Luckham: of the agenda, chair reports,

[2:10:43] Trustee Luckham: and then correspondence, delegations, and applications.

[2:10:46] Trustee Luckham: Just want to mention that in the in-camera session

[2:10:48] Trustee Luckham: before we came on a break,

[2:10:50] Trustee Luckham: we appointed another member trying to fill out the space that's available on that committee to

[2:10:58] Trustee Luckham: the Ganges Village Planning Task Force and that person is Jesse Brown I think is what I have

[2:11:07] Trustee Luckham: written down here and I hope I got that correct and thank you to Jesse for stepping up and all

[2:11:14] Trustee Luckham: of the other members on all of our task force for the work that you are doing for us and volunteering

[2:11:20] Trustee Luckham: and helping us and guiding us in the decisions that are ahead of us on behalf of the community.

[2:11:28] Trustee Luckham: So without further ado, well I'm just going to actually, sorry, I'm just going to introduce

[2:11:36] Trustee Luckham: everybody. Trustee Patrick, your locally elected representative. Peter Grove, your locally elected

[2:11:42] Trustee Luckham: representative for the Islands Trust both of them and of course Gary Holman

[2:11:46] Trustee Luckham: elected regional director for Salt Spring thank you Gary for joining us we

[2:11:51] Trustee Luckham: have a number of staff with us I'm just going to go quickly through them they

[2:11:57] Trustee Luckham: will be presenting reports to you later Stefan Cermak regional planning manager

[2:12:02] Trustee Luckham: planner Jordy Gordon planner Christine Mays planner Louisa Garbo planner Jason

[2:12:13] Trustee Luckham: and yeomans staff member William show bar freshwater specialist Sarah sugar a

[2:12:20] Trustee Luckham: minute taker Daniela hmm sorry about that Daniela I'm used to using your

[2:12:28] Trustee Luckham: first name not recalling your last name apologies for that staff support their

[2:12:35] Trustee Luckham: staff Rob Pringle also for his technology support that he provides to

[2:12:41] Trustee Luckham: to the local trust committee.

[2:12:43] Trustee Luckham: I think that captures everybody.

[2:12:44] Trustee Luckham: Welcome everybody.

[2:12:45] Trustee Luckham: Thank you for all of the work.

[2:12:47] Trustee Luckham: Let us begin now with the trustee reports

[2:12:52] Trustee Luckham: and who's going first today?

[2:12:56] Trustee Patrick: I think it's me.

[2:12:58] Trustee Luckham: Okay, me.

[2:12:59] Trustee Patrick: Me, yes, Laura, good afternoon.

[2:13:02] Trustee Patrick: And I just wanted to start,

[2:13:04] Trustee Patrick: I know there's an awful lot of conversations

[2:13:06] Trustee Patrick: about the Federation work and the policy statement,

[2:13:08] Trustee Patrick: but before I go to that,

[2:13:09] Trustee Patrick: I just want to remind everyone that we are a Federation

[2:13:11] Trustee Patrick: and we are a local organization as we are meeting today and I just want to remind everyone to keep

[2:13:19] Trustee Patrick: focused on some of the very good work that we have going on on Salt Spring with the Ganges

[2:13:23] Trustee Patrick: Village Planning and the Housing Action Task Force and our ecosystem protection work and that

[2:13:27] Trustee Patrick: there's going to be lots of opportunities for community dialogue going forward. In response to

[2:13:35] Trustee Patrick: sort of the community discussions and conversations that are happening about the

[2:13:40] Trustee Patrick: the island stress policy statement i want to start with really being so grateful for the

[2:13:45] Trustee Patrick: salt spring agricultural alliance and all of its member agencies for preparing um a very thoughtful

[2:13:51] Trustee Patrick: considerate and a letter that they put together on making some recommendations on the direction

[2:13:57] Trustee Patrick: of the policy statement updating process and i'm very grateful for for them um for for for sort of

[2:14:05] Trustee Patrick: setting a standard that is very much appreciated. Also, just in the last week or so here, I've had

[2:14:15] Trustee Patrick: many wonderful conversations with Islanders who are all eager to work toward having respectful

[2:14:23] Trustee Patrick: conversations and how we can address reconciliation and responding to our needs for climate change

[2:14:31] Trustee Patrick: change and housing and feeding our community. That's going to be so critical to our future

[2:14:41] Trustee Patrick: sustainability. But with that, I have a statement that I've prepared that I was going to read

[2:14:47] Trustee Patrick: in regard to the policy statement. And I know Peter Grove joins me in this, and I think it'll

[2:14:52] Trustee Patrick: be reflected in the statement. We are concerned about the level of tension that has arisen in

[2:14:58] Trustee Patrick: this community regarding the upcoming July 8th Trust Council meeting. At that meeting,

[2:15:02] Trustee Patrick: consideration will be given for a first reading of a bylaw that is introducing a draft of the

[2:15:07] Trustee Patrick: Islands Trust Policy Statement, which is undergoing an update to address reconciliation, climate

[2:15:11] Trustee Patrick: change, and affordable housing. Islands Trust staff have done what trustees asked them to do,

[2:15:16] Trustee Patrick: with the limited resources allocated to them, and even in COVID times, to provide an update

[2:15:22] Trustee Patrick: date to the policy statement. Any criticism of staff is unwarranted. We have heard from some

[2:15:28] Trustee Patrick: members of the public loud and clear that they have deep concerns and do not feel they were

[2:15:33] Trustee Patrick: appropriately consulted. As well, people want to understand the implications of proposed changes

[2:15:38] Trustee Patrick: and how a federation level policy gets translated to the local level in the official community plan

[2:15:43] Trustee Patrick: and land use bylaws. At this juncture, faith in the process is diminished and there is no way we

[2:15:49] Trustee Patrick: we can just put our heads down and forge ahead.

[2:15:51] Trustee Patrick: At the July Trust Council meeting

[2:15:53] Trustee Patrick: to restore faith in the process and in Islands Trust,

[2:15:57] Trustee Patrick: your locally elected Salt Spring trustees

[2:15:59] Trustee Patrick: will propose that the current process be paused

[2:16:03] Trustee Patrick: with the receipt of the draft

[2:16:05] Trustee Patrick: while Trust Council reevaluates

[2:16:07] Trustee Patrick: its public consultation plans.

[2:16:09] Trustee Patrick: We believe an additional phase of consultation

[2:16:11] Trustee Patrick: should be added to develop a draft policy statement

[2:16:13] Trustee Patrick: that both honors the Trust Council's

[2:16:15] Trustee Patrick: reconciliation declaration

[2:16:16] Trustee Patrick: and can be supported by Island residents.

[2:16:20] Trustee Patrick: This additional phase of consultation

[2:16:21] Trustee Patrick: needs to be appropriately resourced

[2:16:23] Trustee Patrick: to facilitate a deliberative dialogue

[2:16:25] Trustee Patrick: at both the Federation and local Island levels.

[2:16:29] Trustee Patrick: And that was prepared by myself and Peter Grove.

[2:16:33] Trustee Patrick: We're not asking Chair Luckum has a role

[2:16:36] Trustee Patrick: as chair of our trust as well as well as trust council.

[2:16:39] Trustee Patrick: And we were speaking as our local trustees.

[2:16:43] Trustee Patrick: So thank you.

[2:16:44] Trustee Patrick: Thank

[2:16:48] Trustee Luckham: you Laura. Do you want to continue with a local report?

[2:16:53] Trustee Patrick: At this time that's I'm going to leave it there.

[2:16:56] Trustee Luckham: Okay thank you very much Laura appreciate that and the message that you're conveying. Trustee Grove.

[2:17:02] Trustee Grove: Thank you very much and thank you Laura for expressing that so well and I

[2:17:06] Trustee Grove: absolutely agree with what you have to say and support you. Since we last met

[2:17:16] Trustee Grove: if um meeting is what we're actually doing but it doesn't feel like it sometimes um we've had

[2:17:23] Trustee Grove: a number of happenings on the island um the windsor the windsor plywood file uh it was was

[2:17:31] Trustee Grove: devastating to the community and to the to the windsor plywood of course but it's so they

[2:17:37] Trustee Grove: brilliant what they are doing how they have um re re they are rebuilding themselves and i'm

[2:17:44] Trustee Grove: very proud of them as are so many of us but exemplary work and I'm hoping I haven't seen

[2:17:50] Trustee Grove: any plans but I'm hoping very much that um we will see some innovative and new ideas coming from

[2:17:58] Trustee Grove: from that fallow and empty field or parking lot which it is right now um great opportunity for

[2:18:06] Trustee Grove: some innovative work. And then of course yesterday we had a fire on the North Beach Road, the resort,

[2:18:15] Trustee Grove: and I'm yet to know just how damaging it was, but it was a blow. We all need to be super,

[2:18:22] Trustee Grove: super vigilant with regard to fire, particularly in these dry seasons.

[2:18:28] Trustee Grove: Trust Council took place, of course, from June the 8th to the 10th, and that was useful, although, again, I find it very frustrating trying to communicate with my fellow trustees by way of Zoom.

[2:18:43] Trustee Grove: I've attended a number of meetings, and Laura mentioned them. There's some really excellent work going on in the island right now.

[2:18:52] Trustee Grove: the Ecosystems Protection Group and the AAPC meetings, Housing Action Plan meetings,

[2:19:00] Trustee Grove: and the Ganges Village Planning meetings. There's a lot going on, and I appreciate

[2:19:07] Trustee Grove: everybody's efforts in that regard. So that is my report, Chair. Thank you.

[2:19:14] Trustee Luckham: All right. Thank you very much, Peter Grove, for your message.

[2:19:18] Trustee Luckham: Yeah, so from your chair's reporting here, indeed, these are very busy times with policy statement work, climate change considerations, housing considerations, and, of course, the reconciliation work that we're undertaking.

[2:19:41] Trustee Luckham: taking. As many know, there is going to be a meeting next week and how it is the council

[2:19:49] Trustee Luckham: decides to proceed based upon the significant correspondence we have received will be decided

[2:19:55] Trustee Luckham: at that meeting. And certainly the position that your local trustees have put forward

[2:20:03] Trustee Luckham: is something that is shared amongst other trustees as well so I don't have

[2:20:11] Trustee Luckham: anything other significant anything else significant to report at this time with

[2:20:20] Trustee Luckham: respect to activities that affect Salt Spring Island directly and so that's my

[2:20:26] Trustee Luckham: report grateful to be here indeed if you I'll just comment on fire if you smell

[2:20:32] Trustee Luckham: fire or sea fire or anything that even remotely looks like a fire. I can't certainly speak for

[2:20:38] Trustee Luckham: your Salt Spring Island Fire Department, but we would like to know earlier and be stood down from

[2:20:44] Trustee Luckham: a call if it's not a fire, then we would coming late to a fire. And I say that as in my role on

[2:20:50] Trustee Luckham: the fire department here on Thetis. We've had a couple of wildfire situations and some other

[2:20:55] Trustee Luckham: situations that we're grateful to be able to attend to and stand down when it's not actually

[2:21:01] Trustee Luckham: something that's threatening our community so as peter has said let's be vigilant on that front

[2:21:07] Trustee Luckham: in this heat wave which is going to last for some time all right so that's it for me

[2:21:15] Trustee Luckham: capital regional district director gary holman over to you thanks

[2:21:22] Voice 3: chair and as always thanks

[2:21:23] Voice 3: for allowing me to participate in the salt spring town hall um yeah the uh there there was

[2:21:33] Voice 3: There was also a fire reported last night at Mineral Hot Springs that our local fire department attended and were able to contain.

[2:21:46] Voice 3: The concern, of course, with structure fires in an area like that is that they may spread into the surrounding forest.

[2:21:54] Voice 3: So those are two major structure fires on Salt Spring that our local fire department has had to respond to.

[2:22:02] Voice 3: And just, of course, you know, I share Peter's congratulations to Windsor for its remarkable adaptation and resilience and starting up business again.

[2:22:23] Voice 3: and one of the most important local businesses

[2:22:26] Voice 3: on Salt Spring crucial to so many residents and builders.

[2:22:33] Voice 3: I would like to take the opportunity to remind the public

[2:22:38] Voice 3: that the fire trustees have indicated recently

[2:22:42] Voice 3: that they intend to go to the public with a referendum

[2:22:48] Voice 3: to build a new fire hall on Salt Spring.

[2:22:50] Voice 3: This has been attempted and rejected by voters several times, and I would urge, so they're talking about either late fall or early new year, but I would urge the community to support this initiative.

[2:23:08] Voice 3: We need a new fire hall that's earthquake-proof, that could have a co-located emergency operations center, and the CRD continues to discuss that possibility with them.

[2:23:21] Voice 3: But we absolutely need a new earthquake-proof fire hall, and this community really needs to support this initiative.

[2:23:32] Voice 3: And these recent fires just point out the importance of that agency to our community, to the safety of our community.

[2:23:41] Voice 3: On a couple of other safety related issues, I'm not sure that Crest has been or is being discussed today by the local trust committee.

[2:23:52] Voice 3: But as you know, there's an application for a tower in the Channel Ridge area.

[2:23:57] Voice 3: It's a Rogers application with the co-location of the Crest.

[2:24:02] Voice 3: uh regional uh emergency communications uh system on the tower and um again i'm i'm really hoping

[2:24:12] Voice 3: the the public uh will support this important initiatives all of our first responders on

[2:24:18] Voice 3: salt spring have uh communicated with the trust indicating their importance uh the the safety

[2:24:25] Voice 3: concerns. The facility exceeds the Health Canada guidelines. Our Vancouver Island Chief Medical

[2:24:37] Voice 3: Officer Richard Stanwyck has written the Local Trust Committee before with respect to another

[2:24:42] Voice 3: proposal in the Ganges area indicating that in his view the safety benefits far away any health

[2:24:52] Voice 3: health risk perceived or otherwise from such facilities.

[2:24:56] Voice 3: So I would really urge the community and the local trust committee who are land use authority

[2:25:04] Voice 3: to indicate concurrence with the project so we can make an improvement to that system.

[2:25:09] Voice 3: On another front, our call 911 service, which on Salt Spring and in the other electoral

[2:25:19] Voice 3: areas of the CRD and several municipalities currently delivered by Lankford. Lankford

[2:25:25] Voice 3: has indicated it no longer wishes to continue that service. So the CRD has issued an RFP,

[2:25:35] Voice 3: and the only respondent to that RFP was Saanich, in fact, who are planning on,

[2:25:44] Voice 3: Well, in fact, have made the investments to upgrade their call nine one equipment, a very expensive undertaking that Lankford was unwilling to do.

[2:25:56] Voice 3: So as a result of that, it looks like the three electoral areas, including Salt Spring, will be contracting with Saanich to deliver that service.

[2:26:07] Voice 3: And I might add at a significant cost reduction.

[2:26:11] Voice 3: They were able to be much more cost competitive than our current contract with Lankford.

[2:26:19] Voice 3: So, in fact, it probably will be better service, service consolidated within the CRD at a lower cost to Salt Spring taxpayers.

[2:26:27] Voice 3: So that's very good news.

[2:26:29] Voice 3: uh just i guess one other one other um uh area uh that that um has been publicly reported but i i

[2:26:40] Voice 3: wanted to mention again today is our our local parks and rec commission um which is doing

[2:26:45] Voice 3: outstanding work as people know deliver a whole range of services the swimming pool recreation

[2:26:52] Voice 3: programs playing fields so the Park Commission has now recommended to staff

[2:27:00] Voice 3: to enter into negotiations with school district 64 for a five-year lease on the

[2:27:06] Voice 3: middle school building and this is a really exciting opportunity it can

[2:27:11] Voice 3: provide space for a number of nonprofit groups arts related groups and other

[2:27:16] Voice 3: groups. We're talking about 17,000 square feet, and it's a very large facility, and that doesn't

[2:27:25] Voice 3: include the gymnasium. So under the auspices of Parks and Rec, it would be subletted to various

[2:27:32] Voice 3: groups for community purposes at a bigger scale, but analogous to what Parks and Rec already does.

[2:27:39] Voice 3: If delivering a number of recreation programs, the Saturday markets and Centennial Park,

[2:27:46] Voice 3: So this is a really exciting development would not be, we would not start utilizing the facility

[2:27:53] Voice 3: until early 2002. In order to keep rental rates low, there will likely be a requisition increase

[2:28:02] Voice 3: required for the Parks and Rec Commission as a result of this and I am prepared to support this

[2:28:08] Voice 3: or a provisional budget for CRD will be coming up in the fall and fair warning that will be an

[2:28:14] Voice 3: increase for parks and rec uh in related to the the sims management if the school district

[2:28:21] Voice 3: currently is only willing to entertain a five-year lease in the event or or in anticipation of the

[2:28:30] Voice 3: possibility of school populations coming back at the current time given current projections

[2:28:36] Voice 3: that seems unlikely but the school district still wants to keep its options open so at this point

[2:28:43] Voice 3: is only willing to commit to a relatively short-term five-year lease if we can uh you know

[2:28:50] Voice 3: depending on how their projections pan out over the next couple of years in the longer term if we

[2:28:58] Voice 3: can secure longer tenure over the building or parts of the building there is a possibility here

[2:29:05] Voice 3: for location co-location of local government offices uh the crd rents two commercial spaces

[2:29:13] Voice 3: right now to the tune of eighty two thousand dollars a year uh in commercial buildings for

[2:29:19] Voice 3: its building inspection and local administration office the islands trust of course pays rent to

[2:29:24] Voice 3: bc hydro there is even the possibility of co-locating all of our local government

[2:29:30] Voice 3: uh offices within the school district uh building uh this would require a longer term tenure but

[2:29:37] Voice 3: there is that possibility there and in my view it's quite an exciting one it's it's something

[2:29:42] Voice 3: that local locally elected officials and the agencies have discussed for years and years but

[2:29:47] Voice 3: they haven't hasn't really been a a cost-effective opportunity um that that's um that that's uh

[2:29:55] Voice 3: that's been available to co-locate our offices, the middle school.

[2:30:00] Voice 3: building may potentially longer term uh offer that um that opportunity and just one other parks and

[2:30:07] Voice 3: rec uh matter again a very significant uh issue for the community uh a a local group um has been

[2:30:17] Voice 3: uh fundraising and and has um submitted a proposal to parks and rec for the acquisition of about 115

[2:30:25] Voice 3: 15 acres in the maxwell mountain area adjacent to the provincial park adjacent to the north

[2:30:31] Voice 3: salt spring uh protected uh water shed um so this is a significant opportunity there have been

[2:30:40] Voice 3: significant pledges made already this has been put to the the parks commission and the parks

[2:30:45] Voice 3: commission is now and again this is being made public has authorized staff and provided staff

[2:30:50] Voice 3: the resources to undertake the due diligence around market appraisals, identifying areas of

[2:30:57] Voice 3: interest. There's even a possibility that the landowner may donate back some funding.

[2:31:07] Voice 3: But there is an opportunity to acquire 115 acres, which would not only protect the forest adjacent

[2:31:15] Voice 3: adjacent to the provincial park

[2:31:18] Voice 3: and the North Salt Spring lands,

[2:31:20] Voice 3: but would offer a significant opportunity

[2:31:22] Voice 3: for more intensive recreation,

[2:31:24] Voice 3: for example, mountain biking and hiking

[2:31:26] Voice 3: and trails and activities of that nature.

[2:31:30] Voice 3: So we'll see what comes of the due diligence,

[2:31:33] Voice 3: but this is an opportunity

[2:31:34] Voice 3: that the commission has decided to pursue

[2:31:38] Voice 3: and may result in a call for additional fundraising,

[2:31:42] Voice 3: raising, but I'm hopeful that we can take advantage of this unique opportunity. That's my

[2:31:49] Voice 3: report for today. Chair Luckham, thanks.

[2:31:54] Trustee Luckham: Thank you very much, Gary. All right. So thank you,

[2:31:59] Trustee Luckham: Trustees and Gary, for your reports. We'll continue on here, if that's all right,

[2:32:06] Trustee Luckham: to correspondence. We have four pieces of correspondence on today's agenda. There may

[2:32:13] Trustee Luckham: may be other correspondence that has been received by the

[2:32:15] Trustee Luckham: Allen's Trust that is attached to applications and projects

[2:32:19] Trustee Luckham: that are underway. And that correspondence is normally

[2:32:23] Trustee Luckham: received in those locations. So normally, we receive

[2:32:31] Trustee Luckham: correspondence, unless there's some consideration for some

[2:32:37] Trustee Luckham: action. And so I'm just going to go through these sequentially,

[2:32:40] Trustee Luckham: if that's all right and the first one being uh uh trustee patrick do you have anything more to add

[2:32:45] Trustee Luckham: or you want to speak to 14.1 yeah

[2:32:47] Trustee Patrick: no i was going to speak to the correspondence okay

[2:32:50] Trustee Luckham: over to you

[2:32:50] Trustee Luckham: then

[2:32:50] Trustee Patrick: um yeah i think there were the two regarding liveaboard situations in our harbors and it's a

[2:32:57] Trustee Patrick: good point because we had put forward that ubcm resolution asking for a regional approach to

[2:33:03] Trustee Patrick: the liveaboard situation which kind of got a lackluster response from the province so um

[2:33:10] Trustee Patrick: I'm not sure I'm sorry it's probably the heat and I'm not thinking but I think we do need to put

[2:33:15] Trustee Patrick: our brains onto this and really figure out is this back to trust council do the salt spring

[2:33:21] Trustee Patrick: local trust committee where do we lead you know push for some of this work to be done on

[2:33:29] Trustee Patrick: you know at least advancing resolutions for these areas okay

[2:33:39] Trustee Luckham: so is Peter Grove go ahead

[2:33:41] Trustee Luckham: ahead.

[2:33:43] Trustee Grove: Thank you. And I suspect, Chair Luckham, you have an answer to that if staff doesn't.

[2:33:48] Trustee Grove: But I don't quite understand how this gentleman deces his boy out to others.

[2:33:56] Trustee Grove: Can somebody explain that to me?

[2:34:00] Trustee Luckham: I think technically, you're right, that is not

[2:34:03] Trustee Luckham: permitted use under the Transport Canada regulations. It's for personal use, not for

[2:34:11] Trustee Luckham: not for profit so to speak unless the waters that are in are owned by municipality and the

[2:34:19] Trustee Luckham: municipality chooses to do that as part of a water lease situation does anybody on staff

[2:34:26] Trustee Luckham: do you have any obviously you may not be prepared but you're correct I think you're correct Peter

[2:34:35] Trustee Luckham: go ahead thank

[2:34:36] Voice 6: you Mr. Chair my understanding is the same as yours Chair Luckham about

[2:34:40] Voice 6: mooring employees there for personal use not for commercial use or for you know renting out or

[2:34:46] Voice 6: stuff like that I'd like to maybe comment on the liveaboards staff pardon me staff the LTC has it

[2:34:53] Voice 6: in their Ganges village task or Ganges village plan to consider the marine environment surrounding

[2:34:59] Voice 6: Ganges village not that it was a harbor management plan but the zoning certainly was part of the

[2:35:05] Voice 6: deliberately included in there so whether it's the heart the zoning surrounded or the lease of the

[2:35:11] Voice 6: area that there might be a prelude to the issues indeed for for the kanji's area and liverboards

[2:35:19] Trustee Grove: if i may but you can't you can't permanently take over an anchorage spot um as in this world i don't

[2:35:29] Trustee Grove: think um so it seems a bit odd to me and somebody maybe should point that out to him uh well that's

[2:35:39] Trustee Luckham: I guess that's up to the LTC to respond to this correspondence if you if you wish and indeed this

[2:35:46] Trustee Luckham: the next piece of correspondence is on a similar topic this is a problem not only within the

[2:35:52] Trustee Luckham: Islands Trust area it's in Saanich it's in Vancouver it's up the coast it's anywhere where

[2:35:58] Trustee Luckham: there's a safe harbour people anchor their boats and indeed as is noted in the next piece of

[2:36:04] Trustee Luckham: correspondence this has increased dramatically in the last number of years and that is a function

[2:36:09] Trustee Luckham: of the fact that cost of mortgages have gone up and the cost of boat maintenance has gone up and

[2:36:15] Trustee Luckham: so people abandon boats. There's lots of issues that we have really tried hard with Transport

[2:36:21] Trustee Luckham: Canada to get a better management plan in place. What else can I say? Anyway, there's some

[2:36:31] Trustee Luckham: correspondence if you wish to craft a response to Mr Pettigrew we could although I think probably

[2:36:40] Trustee Luckham: we just thank him for his correspondence and yes we're concerned too yeah

[2:36:46] Trustee Grove: his his concern is about

[2:36:47] Trustee Grove: the state of the of the of the of the inlet and the waters really the lease of his boy is

[2:36:54] Trustee Grove: irrelevant I think

[2:36:55] Trustee Luckham: yeah so I think then and not hearing anything I'm going to receive that for

[2:37:03] Trustee Luckham: information and thank the writer um uh the next item is from summers um and it's concerning

[2:37:08] Trustee Luckham: burgoyne bay a similar issue with 30 permanently more vessels there uh certainly creating a marine

[2:37:16] Trustee Luckham: park uh what may or may not solve the problem um but again it needs an agency that is prepared to

[2:37:26] Trustee Luckham: to take that on.

[2:37:30] Trustee Luckham: So trustees, for the item at 14.2 from Summers,

[2:37:34] Trustee Luckham: any consideration, Trustee Patrick?

[2:37:36] Trustee Patrick: Well, I know, and I'll look since Gary turned his camera on,

[2:37:39] Trustee Patrick: I'll bring him into the conversation.

[2:37:41] Trustee Patrick: Before the pandemic, which seems like 10 years ago,

[2:37:45] Trustee Patrick: we'd had a meeting with all levels, CRD, ourselves,

[2:37:52] Trustee Patrick: Elizabeth and Adam's offices on the issue.

[2:37:56] Trustee Patrick: So I think we should try to rekindle that conversation when we can get their attention on moving forward, I think is where we could probably leave it for now.

[2:38:07] Trustee Patrick: Unless Gary says no.

[2:38:10] Trustee Luckham: Gary, that's your chance to weigh in. Go ahead.

[2:38:14] Voice 3: Yes, what an opportunity. Thank you, Chair.

[2:38:17] Voice 3: I mean, you've noted that the foreshore is an area where senior governments basically, you know, have essentially created a vacuum and they're not addressing their regulatory responsibilities.

[2:38:38] Voice 3: responsibilities. And so in desperation, local governments, or at least some local governments

[2:38:45] Voice 3: are stepping into that void. That is a void that we could decide to step into. Central Saanich,

[2:38:52] Voice 3: for example, in the Saanich Inlet was considering establishing a license of occupation,

[2:39:00] Voice 3: which then they could manage and they could determine the number of boys,

[2:39:04] Voice 3: boys, levy a fee for boys, ensure that, you know, waste disposal, other issues were addressed,

[2:39:13] Voice 3: you know, that kind of thing. I think they backed off, but I've told, I believe, Laura and

[2:39:21] Voice 3: Peter that, in fact, Central Saanich came to the CRD board with a proposal around a regional

[2:39:28] Voice 3: approach uh you know kind of echoing trustee patrick's uh comments about the ubcm uh resolution

[2:39:36] Voice 3: about the possibility of a regional approach within the crd um being caught up in a whole

[2:39:42] Voice 3: number of other issues i haven't had a chance to uh pursue that but but will having said that

[2:39:48] Voice 3: uh i mean this is an area where where angels and local government should definitely fear to tread

[2:39:54] Voice 3: we're potentially stepping into an area that should be managed better by senior governments

[2:40:00] Voice 3: but you know do do you wait forever for them to come to the table they eventually came to the

[2:40:06] Voice 3: table around derelict vessels so maybe they'll come to the table around this i'm not optimistic

[2:40:11] Voice 3: so um i i will get more information about that regional proposal and i agree and would be happy

[2:40:18] Voice 3: happy to sit down again with the trustees and our MP and MLA to discuss a possible way forward. But

[2:40:24] Voice 3: it is a huge undertaking, you know, if we step into that void. Chair, could I just make one

[2:40:34] Voice 3: comment, my apology, just to change the topic, just briefly, I forgot to mention the issue of

[2:40:40] Voice 3: business licenses. And there has been

[2:40:43] Trustee Luckham: a request. Can I just come back to you on that? Sure. Maybe

[2:40:46] Trustee Luckham: Maybe I'll just finish this piece of court and then we can kind of close that door and then I'll give you the opportunity to address that extra item because I know the community will be very interested in that also.

[2:40:56] Trustee Luckham: So just whether or not there's any consideration of any action here, you know, I must add that, you know, I've been active on this file for some time lobbying continuously or as possible that indeed, as you pointed out, Gary,

[2:41:12] Trustee Luckham: Other agencies have abandoned that responsibility that lies with them to do, essentially, enforcement.

[2:41:20] Trustee Luckham: And I think there is a model for collaborative work between the RCMP and the Coast Guard and others to actually, and boat licensing, to actually bring this into something more manageable than what it presently is.

[2:41:36] Trustee Luckham: is um and um so yeah so just happy to be engaged with you and work with you gary if you have some

[2:41:44] Trustee Luckham: avenue of pursuit it does strike me that maybe this is something also the southern gulf islands

[2:41:48] Trustee Luckham: forum wants to pick up as well but don't want to put too much on their plate either um so i'm going

[2:41:57] Trustee Luckham: to receive that correspondence from mr summers um unless there's any other direction so let's

[2:42:03] Trustee Luckham: received that and then before i go to 14.3 gary uh indeed your and your uh crd director's report you

[2:42:11] Trustee Luckham: missed out on our item so go ahead yeah

[2:42:16] Voice 3: thanks peter and apologies for backtracking so there

[2:42:20] Voice 3: there has been a request um by the trust the local trust committee uh well anyway by the trust

[2:42:30] Voice 3: and uh just i've informed the trustees of this but just so the public knows um

[2:42:38] Voice 3: uh alternate seerty director paul brent who is david howe's alternate in the southern gulf islands

[2:42:46] Voice 3: has put a yes trustee brent um wearing two hats you you must talk to him about that um

[2:42:54] Voice 3: But he's put forward a notice of motion to be considered at the next electoral area committee meeting, which is the three electoral area directors.

[2:43:05] Voice 3: And that's, I believe, on July 14th.

[2:43:08] Voice 3: And the notice of motion is to request staff to provide a report to the committee on the implications of instituting business licenses within electoral areas.

[2:43:22] Voice 3: is in particular business licenses for the accommodation sector so um i i know that uh

[2:43:30] Voice 3: director hicks for the wanda fuca electoral area has little or no interest in in the issue i've

[2:43:36] Voice 3: i've already made a public comment and told the trustees that um i'll support the motion at the

[2:43:43] Voice 3: very least we should get a a report from staff to understand what the cost of legal other

[2:43:49] Voice 3: other implications are.

[2:43:50] Voice 3: I would expect and hope that Islands Trust staff

[2:43:55] Voice 3: could assist CRD staff in, you know,

[2:44:00] Voice 3: putting together that report about implications.

[2:44:04] Voice 3: So, but just to let the Local Trust Committee

[2:44:08] Voice 3: formally know and the public know

[2:44:09] Voice 3: that there will likely be a staff report

[2:44:14] Voice 3: requested at the EAC meeting on July 14th

[2:44:17] Voice 3: to outline the implications, pro and con,

[2:44:21] Voice 3: of instituting business licenses for the accommodation sector.

[2:44:25] Voice 3: Thanks, Peter.

[2:44:28] Trustee Luckham: Thank you for that update, Gary.

[2:44:29] Trustee Luckham: That's important.

[2:44:31] Trustee Luckham: I will move along back to the correspondence at 14.3.

[2:44:37] Trustee Luckham: We have a letter from A&C Hickman

[2:44:44] Trustee Luckham: with a reply from Trustee Patrick

[2:44:47] Trustee Luckham: concerning portable sawmills.

[2:44:50] Trustee Luckham: um so maybe i'll just turn that to trustee patrick if you have any additional remarks or

[2:44:55] Trustee Luckham: any thoughts about no

[2:44:57] Trustee Patrick: i think we had to address that earlier this morning we passed a standing

[2:45:01] Trustee Patrick: resolution to not enforce against uh portable sawmills while we evaluate bylaw work right yeah

[2:45:12] Trustee Luckham: thank you uh trustee patrick indeed for members of the public that were not with us this morning

[2:45:17] Trustee Luckham: a policy was adopted to defer bylaw enforcement on portable sawmills until further work and

[2:45:26] Trustee Luckham: understanding is done. So thank you for that letter to the writer and trustee Patrick.

[2:45:33] Trustee Luckham: Peter Grove, I didn't see a hand waving there so I'm going to continue to 14.4 and another

[2:45:38] Trustee Luckham: letter from Hewson to the LTC concerning eco glamping for consideration. So trustees,

[2:45:45] Trustee Luckham: Is there any action you'd like to take or just receive this information this time?

[2:45:50] Trustee Luckham: Trustee Groh.

[2:45:52] Trustee Grove: Yes.

[2:45:53] Trustee Grove: I've been in touch with this person.

[2:45:55] Trustee Grove: Bryce Chapman has, I gather, has submitted an application, a rezoning application for

[2:46:01] Trustee Grove: his property to allow that sort of thing.

[2:46:04] Trustee Grove: So we don't know anything about it officially yet, but there's more coming and we will learn

[2:46:10] Trustee Grove: in due course.

[2:46:11] Trustee Grove: Thank you.

[2:46:12] Trustee Luckham: All right.

[2:46:13] Trustee Luckham: Thank you.

[2:46:13] Trustee Luckham: Trustee Patrick, anything?

[2:46:14] Trustee Luckham: anything? Go ahead.

[2:46:15] Trustee Patrick: Well, I know this individual had been making contact and looking for ways

[2:46:19] Trustee Patrick: forward. And I think it's very well documented that said there wasn't a path forward for this

[2:46:24] Trustee Patrick: summer. So that's it. Okay.

[2:46:32] Trustee Luckham: So then we will just receive that for information and thank the writer.

[2:46:36] Trustee Luckham: And indeed, it's a topic of interest and there's some other activities. So let us now go to

[2:46:44] Trustee Luckham: to delegations and I'll look to staff there.

[2:46:47] Trustee Luckham: We have two delegates, Ms. McLean and R. Keith,

[2:46:54] Trustee Luckham: concerning a couple of topics.

[2:46:57] Trustee Luckham: And so if we can promote the first individual

[2:47:01] Trustee Luckham: to have access to the audio and video.

[2:47:04] Trustee Luckham: Ms. McLean, you would like to speak

[2:47:07] Trustee Luckham: to the local trust committee

[2:47:08] Trustee Luckham: concerning the use of propane tanks on Salt Spring Island.

[2:47:19] Voice 15: I'm in the process of switching her over and waiting for her arrival in the world of zoom

[2:47:27] Voice 15: technology there

[2:47:29] Voice 17: we have her

[2:47:31] Trustee Luckham: there we have you looking like a saxophonist so Jenny McLean

[2:47:39] Trustee Luckham: you have the floor if you unmute your microphone okay hi

[2:47:45] Voice 1: Hi. Just briefly, before I start speaking about petroleum tanks, I heard my name earlier in the meeting because Stefan Kermack completed the report on affordable covenants.

[2:48:00] Voice 1: And I wonder, Stefan, how I can access your report because I wouldn't have known if I weren't in this meeting this morning that the report was completed.

[2:48:11] Voice 1: So we can maybe deal with that through email, but I am very interested to read your report. So that's what I wanted to say. And then in terms of propane tanks, there is a large commercial size propane tank that's been there for a long time at 121 Atkins Road.

[2:48:35] Voice 1: road and it is within uh it's by the fence line of 141 atkins and it is filled regularly there

[2:48:45] Voice 1: we took video of it being filled june 2nd june 1st or june 2nd 2021 the tank doesn't appear to have

[2:48:55] Voice 1: any certification and there seems to be no way to find out if it's been inspected regularly

[2:49:03] Voice 1: regularly and it is now a concern that the Salt Spring Fire Department has put out they put out

[2:49:12] Voice 1: something that's on social media which I took a screenshot of and sent so I don't know the success

[2:49:20] Voice 1: in the emails that I sent I reformatted the photos of the propane tank as well and re-sent that out

[2:49:28] Voice 1: during the lunch break so hopefully the trustees here peter lockham peter grove laura patrick

[2:49:35] Voice 1: can look into the images i sent the salt spring fire department has this on their post if you're

[2:49:44] Voice 1: hot they're hot full overheated pressure tanks may vent fuel during these high temperatures

[2:49:49] Voice 1: call 9-1-1 if you smell gas or hear a hissing sound around propane tanks be mindful about where

[2:49:56] Voice 1: where you store portable propane and fuel tanks.

[2:49:59] Voice 1: So they have a photo of a propane tank and it is kind of a concern.

[2:50:07] Voice 1: The propane tank that's being used at 121 Atkins is 22 feet,

[2:50:17] Voice 1: five inches long and it's nine feet,

[2:50:20] Voice 1: five inches from the property line of 141 Atkins.

[2:50:25] Voice 1: Atkins. And that is to try to serve, I guess, 37 residences if the power goes out. Meanwhile,

[2:50:34] Voice 1: Atkins Common, which has over 37 residences, has a propane tank about half the size that's got

[2:50:43] Voice 1: quite a bit of setback and isn't very easily accessible. Whereas the one at 121 Atkins is

[2:50:49] Voice 1: sandwiched between a very busy parking lot and our property so um i didn't research any more

[2:50:58] Voice 1: about that because i'm not sure even what level of government handles these issues but i do want

[2:51:06] Voice 1: to bring it to the attention of the local trust committee because it is considered a danger and

[2:51:13] Voice 1: And it is a danger to my family property, and I wanted to put more attention in the public eye to this matter and see where it will go from there.

[2:51:23] Voice 1: So that, and aside from that, the only other part of my presentation is if you're able to see the images that I emailed, then I would be interested to know if you saw those, because it's showing how big the tank is, and it is like a small nuclear warhead.

[2:51:38] Voice 1: It looks that big, and it is very close to our property line.

[2:51:42] Voice 1: Thank you.

[2:51:44] Trustee Luckham: Well, thank you, Ms. MacLean. I'll just let you know I did actually look at the original set of pictures that you sent and the video, and thank you for bringing your concerns to this forum.

[2:51:57] Trustee Luckham: It is, however, within the jurisdiction of other agencies,

[2:52:01] Voice 18: hazardous

[2:52:02] Trustee Luckham: storage and transportation of hazardous materials.

[2:52:06] Trustee Luckham: And I would expect that the propane company doesn't fill a tank that is not been inspected.

[2:52:13] Trustee Luckham: But you might direct your query to I think it was Superior Propane.

[2:52:19] Trustee Luckham: Anyway, trustees, do you have any remarks or questions for the delegate?

[2:52:24] Trustee Luckham: Trustee Patrick.

[2:52:24] Trustee Luckham: I

[2:52:25] Trustee Patrick: don't have I guess my question more or less is I guess propane tanks so that I guess they're

[2:52:32] Trustee Patrick: allowed they're not a structure so they're allowed to be in the setback

[2:52:35] Trustee Luckham: do you have a

[2:52:39] Trustee Luckham: remark on that considered a structure or not uh

[2:52:42] Voice 6: sorry chair Dr. Mann and uh you know honestly at

[2:52:45] Voice 6: this moment I can't answer that I'd have to open up the bylaw to be sure but I'm happy to follow

[2:52:50] Voice 6: up jenny if you want about to answer that question yeah i will do so

[2:52:55] Trustee Luckham: um no other questions from

[2:52:58] Trustee Luckham: trustees for the delegate then i'll thank you for coming today and bringing that to our attention

[2:53:03] Trustee Luckham: and i'll now ask staff to uh promote uh our keith concerning the covenant at 265 furnace road

[2:53:12] Trustee Luckham: we're

[2:53:17] Voice 15: working on that right now thank

[2:53:20] Trustee Luckham: you sir oh it's kellen i apologize we're keln

[2:53:43] Voice 8: There you go. Hello? Can you hear me?

[2:53:46] Trustee Luckham: Yes, we can hear you, Robin Kelm. Thank you for joining us today.

[2:53:50] Voice 8: Hi there. Can you see me up in that little left-hand corner?

[2:53:53] Trustee Luckham: Well, it all depends upon your screen format, but I can see you.

[2:53:56] Voice 8: Okay, because you guys all look pretty small, but that's okay. It's kind of like a postage stamp,

[2:54:00] Voice 8: and we can go from there. Thank you very

[2:54:03] Voice 8: much for allowing me to speak to the trustees,

[2:54:07] Voice 8: because that's who I'd like to speak to. I just wanted to ask, are the trustees aware,

[2:54:12] Voice 8: where and in receipt of the letter that I sent to them.

[2:54:21] Trustee Luckham: I see one nod, but you know,

[2:54:23] Trustee Luckham: the amount of mail that we get is phenomenal.

[2:54:30] Voice 8: Okay, well,

[2:54:30] Trustee Luckham: continue with

[2:54:31] Voice 8: your presentation.

[2:54:33] Voice 8: Okay, thank you.

[2:54:34] Voice 8: What I'm writing to you about is the property at,

[2:54:37] Voice 8: or what I want to talk to you about

[2:54:39] Voice 8: is the property at 265 Furness.

[2:54:42] Voice 8: I think we're all familiar with this.

[2:54:44] Voice 8: It is a log cabin.

[2:54:45] Voice 8: Robin it's on a property that we subdivided last year and we went through the process of

[2:54:52] Voice 8: the subdivision the 219 covenant on the title I spoke to you at the time the property was

[2:55:01] Voice 8: subdivided and lo and behold we get a letter from your bylaw officer saying we may be in

[2:55:09] Voice 8: in contravention. We then write back and say, no, here's why not. And then we get a letter from your

[2:55:16] Voice 8: lawyer saying that the trustees have instructed the lawyers to rattle us really good and tell us

[2:55:22] Voice 8: we are going to be paying legal fees and that we're in contravention. And our lawyer writes

[2:55:27] Voice 8: back and says, no, we're not. And let's go through the steps one by one. And then radio silence. We

[2:55:35] Voice 8: We hear absolutely nothing.

[2:55:37] Voice 8: We hear nothing back from this Warren Dingman, who's your bylaw officer.

[2:55:41] Voice 8: We hear nothing back from Stephan.

[2:55:43] Voice 8: We try and talk to people.

[2:55:44] Voice 8: We don't get anywhere.

[2:55:45] Voice 8: So let me begin with my letter, and maybe we can make something out of this.

[2:55:51] Voice 8: We're hoping with this letter to-

[2:55:53] Trustee Luckham: So, sir, I'm really glad to hear from you today.

[2:55:58] Trustee Luckham: And I'm looking at an email here now with respect to this.

[2:56:04] Trustee Luckham: By-law enforcement typically is arm's length from the LTC.

[2:56:11] Trustee Luckham: And I don't know why by-law enforcement wouldn't be responding to you.

[2:56:16] Trustee Luckham: They normally do.

[2:56:19] Trustee Luckham: We're happy to hear from you today, but want you to know that by-law enforcement is arm's

[2:56:24] Trustee Luckham: length for us for decision-making purposes.

[2:56:26] Trustee Luckham: and that if you have concerns with that correspondence received or sent by us to you,

[2:56:35] Trustee Luckham: that it be better taken up with bylaw enforcement directly rather than through us.

[2:56:41] Trustee Luckham: So go ahead.

[2:56:44] Voice 8: Thank you very much, Peter.

[2:56:46] Voice 8: I mean, I do understand that.

[2:56:49] Voice 8: However, we're getting nowhere.

[2:56:51] Voice 8: OK, we're frustrated.

[2:56:53] Voice 8: We're not getting answers back.

[2:56:55] Voice 8: act we've tried the legal channels we've tried to reach the bylaw enforcement officers we've tried

[2:57:00] Voice 8: to go through uh steppen and all we get is stonewalled so that's why i want to ask the

[2:57:06] Voice 8: trustees who in essence can have this power to set this down and and correct it once and for all or

[2:57:14] Voice 8: we can spin around and you know it could end up going to court and what a hell of a waste of money

[2:57:18] Voice 8: for everybody to do that when it's not necessary so i think if i read through my letter to you

[2:57:24] Voice 8: maybe at this point after the trustees can offer me some advice where to go from there so

[2:57:28] Voice 8: well

[2:57:30] Trustee Luckham: i think we have your letter um i don't know that's necessary to read it at this time but

[2:57:36] Trustee Luckham: and i i do notice that warren dingman has come on board here and i'm reluctant to debate anything

[2:57:47] Trustee Luckham: with you naturally um in this uh forum but uh miss okay management manager dingman do you have

[2:57:55] Trustee Luckham: Have you received the correspondence from Mr. Kelm, and can you provide him in this form, which is highly unusual, a status report or comment?

[2:58:09] Manager of Bylaw Compliance and Enforcement (probable): So I've been waiting for Mr. Kelm to contact me.

[2:58:12] Manager of Bylaw Compliance and Enforcement (probable): He said he was going to do that, but I have not received an email directly to myself or a phone call regarding this matter, and I'm free to discuss it, Mr. Kelm, at any time.

[2:58:24] Manager of Bylaw Compliance and Enforcement (probable): okay

[2:58:25] Trustee Luckham: so that i would suggest would be the best avenue mr kelm but if you wish to make some other

[2:58:36] Trustee Luckham: final remark um to the trustees um that is uh certainly i don't want to say

[2:58:41] Voice 8: yeah yeah no i

[2:58:43] Voice 8: absolutely do take away that

[2:58:46] Trustee Luckham: right pardon

[2:58:47] Voice 8: me hello so please go ahead thank you yes okay um

[2:58:54] Voice 8: you know we've always played by the rules had the highest regard for it um the rules are the rules

[2:59:00] Voice 8: okay and we have a covenant read it read the covenant read what it says not what you think

[2:59:08] Voice 8: it says read what it says and what it says is if you follow the bouncing ball we are in complete

[2:59:15] Voice 8: compliance now if you turn around and say hey well we disagree then we have an argument then

[2:59:21] Voice 8: we go to court that's what happens but i think common sense should prevail and you know i don't

[2:59:27] Voice 8: understand why or where the arguments lay we laid them out for the trustees lawyer who according

[2:59:33] Voice 8: i don't even know if it's your lawyer or staff took it upon themselves to do this

[2:59:37] Voice 8: but it's a complete

[2:59:39] Trustee Luckham: um sir i think um you know you've crossed a line there about implicating

[2:59:47] Trustee Luckham: staff making decisions um they have interpreted it one way you have interpreted the other

[2:59:53] Trustee Luckham: I suggest you continue to work with bylaw enforcement and I just have to

[3:00:00] Trustee Luckham: uh maintain uh the civility of this uh meeting and maintain uh best practices with respect to um

[3:00:11] Trustee Luckham: uh by law

[3:00:12] Voice 8: peter peter i understand that i get that but why why now when i have in my letter

[3:00:20] Voice 8: pointed out to you the flaws that staff have come back to us why would you take offense when i use

[3:00:26] Voice 8: use the word staff okay it like you this is a covenant prepared

[3:00:32] Voice 8: it's a covenant theater prepared

[3:00:33] Voice 8: by staff i didn't prepare it and when you read the wording and you go to the schedules and where it

[3:00:39] Voice 8: identifies common property it's not there so why are we why who else can i talk to when when when

[3:00:48] Voice 8: i say okay well i called stephan or emailed stephan and said i'd like to talk to you about

[3:00:52] Voice 8: this and have an intelligent conversation and stephan says no you got to go through the bylaw

[3:00:57] Voice 8: officer so

[3:00:59] Trustee Luckham: and that and that's what i'm telling you as well and the bylaw enforcement officer

[3:01:03] Trustee Luckham: has just indicated he's waiting for a call from you so very good may

[3:01:07] Voice 8: i have his phone number and

[3:01:08] Voice 8: i'll call him right away uh

[3:01:10] Trustee Luckham: you can access it off the internet i don't have it in front of me

[3:01:14] Trustee Luckham: what is he still

[3:01:14] Manager of Bylaw Compliance and Enforcement (probable): on the line uh

[3:01:17] Trustee Luckham: mr

[3:01:19] Manager of Bylaw Compliance and Enforcement (probable): kell my phone number is

[3:01:32] Manager of Bylaw Compliance and Enforcement (probable): is 250-405-5196

[3:01:39] Voice 8: great I'll call

[3:01:42] Manager of Bylaw Compliance and Enforcement (probable): you right away

[3:01:43] Voice 8: thank you thank you okay

[3:01:45] Trustee Luckham: thank you for joining

[3:01:46] Trustee Luckham: us today I'm sorry to be um having to be uh assertive about uh policy and process but it's

[3:01:56] Trustee Luckham: necessary for you to sort this out with bylaw enforcement and they will bring it to us if as

[3:02:02] Trustee Luckham: a decision is necessary thank you okay

[3:02:06] Trustee Luckham: um i'm gonna now go to town hall uh opportunity for

[3:02:12] Trustee Luckham: questions and uh just remind the public of a couple of things um post public hearing primarily

[3:02:19] Trustee Luckham: primarily bylaws 474, 475 are closed for comment. And I'm just

[3:02:30] Trustee Luckham: asking you to respect that. I also want to ask you to respect

[3:02:37] Trustee Luckham: everybody in the room members of the public, staff, trustees, and

[3:02:42] Trustee Luckham: speak to the issues, not directly to staff or criticize

[3:02:47] Trustee Luckham: staff. They do what they're told to do according to policy and direction from LTCs. And it's

[3:02:56] Trustee Luckham: important to respect that. And generally, just watch your language and that sort of thing. I

[3:03:05] Trustee Luckham: don't want to be heavy handed. But these days, I find I'm pressed into that. And I think that

[3:03:13] Trustee Luckham: Absolutely, it's about electronic meetings and we're not maybe as connected as we once were.

[3:03:18] Trustee Luckham: So thank you all for being here. I see one hand raised at this time. And so if you can raise your

[3:03:24] Trustee Luckham: hand electronically, which is if you scroll, if you move your mouse down to the bottom of the

[3:03:29] Trustee Luckham: screen, you'll see a button down there that says raise hand. If you're phoning in, and I don't see

[3:03:34] Trustee Luckham: any numbers there at the moment today, you can phone in and you can raise your hand digitally

[3:03:39] Trustee Luckham: digitally by pound six, I think it is, or pound nine, one of the two. And if you're watching us

[3:03:48] Trustee Luckham: live streaming, you do not have the opportunity to participate in the meeting. But you can log

[3:03:53] Trustee Luckham: out of the live streaming and go back to the web page and log out and log back in to be a

[3:03:59] Trustee Luckham: participant in the meeting. And that will give you the opportunity to be promoted to a speaker.

[3:04:04] Trustee Luckham: speaker. So for the next few minutes here, we're going to hear from members of the public.

[3:04:11] Trustee Luckham: And I think Maxine, I always struggle. Maxine, I apologize. Leichter?

[3:04:18] Trustee Luckham: You got it.

[3:04:20] Trustee Luckham: Perfect. I'm improving. There's hope. So Maxine Leichter, you have the floor and two minutes

[3:04:26] Trustee Luckham: is the normal allotment.

[3:04:28] Voice 21: Okay. Thank you, especially all of you for holding the meeting in the terrible heat today.

[3:04:33] Voice 21: I know it's hard on all of us.

[3:04:35] Voice 21: And I also want to thank Chair Luckham.

[3:04:38] Voice 21: You know, you do a fabulous job of chairing these meetings.

[3:04:41] Voice 21: And I've only recently come to appreciate what a good job you do.

[3:04:45] Voice 21: Thank you.

[3:04:46] Voice 21: I hope you were able to read the email I sent about the zone change on Mountain Road, Musgrave

[3:04:52] Voice 21: area.

[3:04:53] Voice 21: If you haven't, I would ask you to defer making a decision until you can read it.

[3:04:58] Voice 21: I, you know, I was really shocked to learn that the directives in the trust policy statement

[3:05:04] Voice 21: are not required and can be disregarded if there is a good reason. So now I find that sections of

[3:05:11] Voice 21: our Salt Spring Island OSUP can also be disregarded. For example, the limit on 40

[3:05:17] Voice 21: densities to be given in exchange for amenities. These should be accounted for in every staff

[3:05:23] Voice 21: report with an amenity request. My letter cites other OCP sections, which I think the proposal

[3:05:30] Voice 21: may violate. Now, I just want to make another point. When the local trust committee responds

[3:05:36] Voice 21: to a request for a zone change or development permit or TUP, and the local trust committee

[3:05:42] Voice 21: tells the applicant to provide more information, do a report, this essentially means that the local

[3:05:50] Voice 21: trust committee will give the exception. And the reason I say that is because of the cost to do

[3:05:59] Voice 21: reports. Applicants are justified in expecting that if the report is okay, the request will be

[3:06:06] Voice 21: granted. In the 19 years that I've been here, I cannot remember a single report that clearly said

[3:06:14] Voice 21: the proposal didn't meet criteria. Consultants don't do that. So the report will always provide

[3:06:21] Voice 21: a reason to say yes, and the request for a report results in permission to proceed.

[3:06:26] Voice 21: I know it's hard to say no at the beginning, but if something is questionable, the precautionary

[3:06:33] Voice 21: principle, another item in our OCP that is ignored, allows the local trust committee to

[3:06:39] Voice 21: to reject questionable proposals at the outset.

[3:06:43] Voice 21: The island's trust is supposed to be a protected area.

[3:06:46] Voice 21: This means we don't give out densities willy-nilly

[3:06:50] Voice 21: like they can do in a municipality

[3:06:52] Voice 21: because we're supposed to be different.

[3:06:55] Voice 21: The environmental impact is supposed to be considered

[3:06:57] Voice 21: for every request.

[3:06:59] Voice 21: If you are to restore confidence in our OCP,

[3:07:02] Voice 21: this proposal to increase density on Mountain Road

[3:07:05] Voice 21: should be rejected at the outset.

[3:07:07] Voice 21: I implore you to take this seriously.

[3:07:08] Voice 21: obviously. I'd be glad to answer questions.

[3:07:15] Trustee Luckham: Thank you, Maxine, for your presentation today.

[3:07:22] Trustee Luckham: Trustees, do you have any questions for the speaker? We don't normally do questions

[3:07:26] Trustee Luckham: at town hall sessions. So thank you. Let us go to see if there's another speaker

[3:07:35] Trustee Luckham: at this time. Anybody wish to address the local trust committee today?

[3:07:42] Trustee Luckham: All right. I'm not seeing any hands raised, so I think I will proceed with the rest of our agenda

[3:07:57] Trustee Luckham: and thank all of you that have joined us electronically to observe the meeting.

[3:08:03] Trustee Luckham: We do appreciate that. And I'll just say we miss you. I miss you being in your community and

[3:08:10] Trustee Luckham: seeing you face to face. So we're going to go to applications and referrals next.

[3:08:16] Trustee Luckham: and the first one today is Salt Spring rezoning 2013.6 proposed by law 474 and 475 at 2850

[3:08:29] Trustee Luckham: Beaufort Ganges Road, Salt Spring Island and I've just got that's on page 111 of the package

[3:08:37] Trustee Luckham: there so is it let me just pull this out of here I think it's Jason Yeoman's it's on this one

[3:08:52] Trustee Luckham: Jason, it looks like your screen is on,

[3:08:54] Trustee Luckham: so it must be you.

[3:08:55] Trustee Luckham: Plan a yeoman.

[3:08:56] Voice 25: Thank you, Chair Luckham.

[3:08:58] Voice 25: Are you able to hear me?

[3:08:59] Voice 25: I didn't log in early enough for my audio check,

[3:09:01] Voice 25: but we're good.

[3:09:02] Voice 25: We hear you.

[3:09:03] Voice 25: Okay, thanks.

[3:09:04] Voice 25: I'm freshly returned from a short vacation

[3:09:06] Voice 25: on one of our other islands.

[3:09:07] Voice 25: So my apologies if this presentation is not as polished

[3:09:10] Voice 25: as we would all hope,

[3:09:12] Voice 25: but I think we can get through it together.

[3:09:15] Voice 25: So this is a longstanding rezoning application

[3:09:18] Voice 25: to rezone a portion of the water area in Fulford Harbor

[3:09:22] Voice 25: to allow for the expansion of an existing marina uh if you'll just bear with me here i'll share my

[3:09:27] Voice 25: screen all right are you able to indicate that you're seeing the large image subject area there

[3:09:35] Voice 25: okay fantastic

[3:09:36] Trustee Luckham: indeed all

[3:09:38] Voice 25: right uh there are two bylaws at play uh the first is bylaw number 474

[3:09:43] Voice 25: which is an ocp amending bylaw and this would amend the land use designation of a portion of

[3:09:48] Voice 25: the marine area from marine other to shoreline development uh to allow the subsequent land use

[3:09:53] Voice 25: by-law that would zone that area for a marina expansion. Additionally, by-law 474 will amend

[3:09:58] Voice 25: the OCP to include this marine area in development permit area 1 so that there can be some check on

[3:10:04] Voice 25: the form and character of future development in that marine area if they should decide to build

[3:10:09] Voice 25: up in such a way that triggers the requirement for a development permit under DPA 1. By-law 475

[3:10:16] Voice 25: will amend that portion of the water area from its existing shoreline 6 and shoreline 3 zones

[3:10:22] Voice 25: to a shoreline 2A zone, where you derive all the benefits of the shoreline 2 zone,

[3:10:29] Voice 25: which effectively is a zone that allows for marina-type uses. In addition, the A variant

[3:10:39] Voice 25: indicates that you're required to provide at least 87 linear meters of wharfage for transient

[3:10:44] Voice 25: vessels. Basically, there's a zone requirement that a portion of the marina space be reserved

[3:10:49] Voice 25: for visitors as opposed to just being used for local moorage. And the reason that this application

[3:10:56] Voice 25: is before you today is in part for consideration of bylaw adoption, but before that, it's for the

[3:11:02] Voice 25: LTC's consideration of a Section 2.9 covenant related to archaeological protection on the

[3:11:08] Voice 25: shoreline of the subject property. At the LTC's November 10, 2020 meeting, the LTC asked staff

[3:11:14] Voice 25: to enter into a cost recovery agreement with the applicant and with the proceeds of that cost

[3:11:21] Voice 25: recovery agreement to work with our legal counsel and the applicant to develop an archaeological

[3:11:25] Voice 25: protection covenant that restricts upland development in the parking lot area of the

[3:11:30] Voice 25: subject property unless the works are consistent with the recommendations of an archaeological

[3:11:35] Voice 25: impact assessment from a registered archaeologist. Staff have provided you with such a covenant. It

[3:11:45] Voice 25: between Islands Trust Legal Council and the applicant and his legal counsel. And everybody

[3:11:51] Voice 25: agrees that the covenant as proposed fulfills the LTC's resolution as it was made in November.

[3:11:57] Voice 25: The covenant breaks the covenant area into two discrete parts, one being covenant area one,

[3:12:04] Voice 25: which recognizes that there is a registered archaeological site on the property already.

[3:12:09] Voice 25: And so within that registered archaeological site, there's obviously provincial requirements around how development is allowed to happen.

[3:12:18] Voice 25: And then Covenant Area 2 is not within the registered archaeological area, but was recognized by the local trust committee, who in turn were responding to some of the comments that were received from consulted First Nations during the rezoning application, that they were concerned, of course, that as could potentially be expected,

[3:12:37] Voice 25: the registered archaeological site may be larger than it in fact is in the registry and so they

[3:12:44] Voice 25: wanted to ensure that if development happens in the area around the registered archaeological site

[3:12:50] Voice 25: that there's some sort of check and balance on how that development might proceed as far as the

[3:12:56] Voice 25: actual terms of the covenant itself in covenant area one the covenant essentially says that the

[3:13:05] Voice 25: applicant can't do anything really without both the permission of the archaeological branch of

[3:13:14] Voice 25: the province as well as the permission of the local trust committee and in covenant area two

[3:13:20] Voice 25: it says that the applicant can't do much in the way of soil you know any sort of soil excavation

[3:13:29] Voice 25: or soil movement requires a report either from a registered archaeologist or from a recognized

[3:13:36] Voice 25: Indigenous cultural knowledge holder. And on the basis of that, the LTC can determine whether it

[3:13:43] Voice 25: wishes to approve those works to proceed. So for works in Covenant Area 2, the applicant doesn't

[3:13:48] Voice 25: need provincial approval, at least not initially. If the applicant receives the LTC's approval

[3:13:56] Voice 25: for works and then begins to undertake those works and discovers that there is in fact contrary to

[3:14:01] Voice 25: whatever the archaeologist or the cultural uh knowledge holder might have acknowledged

[3:14:05] Voice 25: um if they begin to excavate and come upon culturally significant materials then of course

[3:14:12] Voice 25: the province through the archaeological branch will get involved in that um the covenant does

[3:14:19] Voice 25: allow for the applicant to maintain some of the existing buildings and structures that are within

[3:14:27] Voice 25: Covenant Area 2 already, there's a few sheds, there's a change room and washroom building as

[3:14:32] Voice 25: well as a deck and walkway structure, and so the applicant did request allowances to ensure

[3:14:37] Voice 25: that he can maintain or indeed replace those, provided that there's no soil disturbance

[3:14:41] Voice 25: associated with the maintenance or replacement of those existing structures. On that basis,

[3:14:49] Voice 25: staff are recommending that the LTC accept the Covenant that has been provided here for you

[3:14:54] Voice 25: today and indeed should the LTC wish to do so approve bylaws number 475 or adopt bylaws number

[3:15:03] Voice 25: 474 and 475 conditional upon confirmation of registration of this archaeological protection

[3:15:10] Voice 25: covenant and we also recommend that the local trust committee direct staff to advise First

[3:15:17] Voice 25: Nations if and when these bylaws are adopted as we know that they've had significant interest in

[3:15:21] Voice 25: the file up to this point. Further to the bylaws that the LTC has the opportunity to consider today,

[3:15:31] Voice 25: there is also a concurrent development permit application, which will guide the character of

[3:15:43] Voice 25: the development that takes place in the newly zoned foreshore area. The LTC has actually

[3:15:48] Voice 25: approved this development permit once already, but we were awaiting the applicant to provide

[3:15:53] Voice 25: a lighting plan. He actually did so a couple years ago but has been waiting for his bylaw

[3:15:58] Voice 25: amendments to be adopted before being able to proceed with the development permit.

[3:16:02] Voice 25: All this to say that there are some resolutions included in the staff report that the LTC rescinded

[3:16:07] Voice 25: a previous resolution which was to issue the development permit while awaiting the lighting

[3:16:12] Voice 25: plan. We recommend you rescind that resolution. We've now incorporated the lighting plan into the

[3:16:17] Voice 25: development permit so if the LTC wishes it can issue the development permit with a new resolution.

[3:16:25] Voice 25: I will leave it there and take any questions that you might have.

[3:16:28] Trustee Luckham: All right. Thank you. Thank you, Planner Yeomans.

[3:16:30] Trustee Luckham: So is the applicant with us today?

[3:16:36] Voice 25: The applicant was provided an invitation and login information,

[3:16:42] Voice 25: but I don't believe that I...

[3:16:44] Voice 15: I promoted

[3:16:44] Voice 15: Kelly.

[3:16:46] Voice 15: Ah.

[3:16:47] Voice 15: So Kelly Keene.

[3:16:48] Voice 15: Hey, fantastic.

[3:16:49] Voice 15: Hopefully I've done the right promotion and that it's not a different Kelly.

[3:16:53] Trustee Luckham: Sounds like you have.

[3:16:53] Trustee Luckham: Yeah. Kelly Keene, you're here regarding the 2850 Fulford Ganges Road, and you'll have to

[3:17:03] Trustee Luckham: turn your microphone on.

[3:17:06] Voice 16: I am trying. How's that?

[3:17:08] Trustee Luckham: Perfect.

[3:17:10] Voice 16: Can I have the question again, please?

[3:17:13] Trustee Luckham: Oh, you're here to speak to 2850 Fulford Ganges Road as the applicant, Island Marine Construction?

[3:17:21] Voice 16: Well, I'm not Island Marine. I'm the owner of the property.

[3:17:24] Trustee Luckham: Okay, great. That's fine. And so, yeah, so you've just heard the staff report that's been presented

[3:17:30] Trustee Luckham: with the recommendations. And ostensibly, this is your opportunity to speak to it, whether or not

[3:17:36] Trustee Luckham: you're in concurrence with the recommendations or have any other new information you'd like to give

[3:17:42] Trustee Luckham: to us.

[3:17:43] Voice 16: I'm fine with what JC presented. Thank you.

[3:17:48] Trustee Luckham: Okay, very good. Thank you then, sir.

[3:17:50] Trustee Luckham: um so now let's go to trustees and um they may have questions for staff and and or the applicant

[3:17:57] Trustee Luckham: but uh trustees uh anybody does either of you have any questions or clarity on this trustee patrick

[3:18:05] Trustee Patrick: mine's more uh i appreciate the applicant's patience as we address archaeological or

[3:18:13] Trustee Patrick: cultural heritage issues um and recognize that we are kind of in a changing i call it a new

[3:18:20] Trustee Patrick: chapter and how we develop shorelines moving forward here so I guess my my comments are more

[3:18:28] Trustee Patrick: directed to staff I know there's a number of questions that are raised by the covenant and

[3:18:32] Trustee Patrick: I think that's that's okay we're going to have questions as we as we embark on this on this

[3:18:39] Trustee Patrick: process and I and I want to kind of encourage staff as well as we head into a kind of our

[3:18:46] Trustee Patrick: budget prepping stage for next year um um you know are there opportunities to to help um

[3:18:58] Trustee Patrick: i i hate the pilots not the right word but lead maybe is a better word on some of the cultural

[3:19:04] Trustee Patrick: heritage um work that's being considered at the uh regional planning committee level for the

[3:19:11] Trustee Patrick: trust council so i'm just kind of planting that seed as as we do we do we move on that

[3:19:16] Trustee Patrick: because I think it's going to be important and as we learn going forward so I think with this

[3:19:23] Trustee Patrick: one it's just I I'm I'm comfortable with proceeding but I put that with the with

[3:19:31] Trustee Patrick: I'm not I at the same time I'm not comfortable with proceeding you know we're we're stuck in this

[3:19:36] Trustee Patrick: between two worlds place and and I you know as we go forward so I mean I'll proceed as as

[3:19:47] Trustee Patrick: as recommended at this stage,

[3:19:49] Trustee Patrick: but I'm really looking forward to getting the more clarity

[3:19:52] Trustee Patrick: and working with a variety of interests

[3:19:57] Trustee Patrick: to make a process that's nice

[3:19:59] Trustee Patrick: and understandable going forward.

[3:20:06] Trustee Luckham: Okay, thank you.

[3:20:08] Trustee Luckham: Did you have any immediate questions for staff?

[3:20:10] Trustee Patrick: No, it was more just flying

[3:20:12] Trustee Patrick: because they asked questions of us.

[3:20:13] Trustee Patrick: So that's, I was addressing the kind of the questions

[3:20:15] Trustee Patrick: that were presented to us in the staff report.

[3:20:17] Trustee Patrick: Okay, great.

[3:20:18] Trustee Patrick: And Trustee Grove.

[3:20:19] Trustee Grove: I have no questions and I'm very happy to see this proceeding. It's been

[3:20:24] Trustee Grove: 2013 is when it first came to us and we've been debating this one for a long time so I'm happy

[3:20:34] Trustee Grove: to move it forward.

[3:20:36] Trustee Luckham: Okay so I would just like to speak to it for a moment and I want to acknowledge

[3:20:42] Trustee Luckham: acknowledge the trip you know absolutely the cooperation with the applicant here to advance

[3:20:50] Trustee Luckham: us in the right way and we're certainly in a good place and I too am in support of advancing this

[3:20:57] Trustee Luckham: but I feel necessary to make a few remarks and and there are some questions and mostly I think

[3:21:04] Trustee Luckham: I know the answers but questions of clarity so that we as an LTC can be certain about what it

[3:21:09] Trustee Luckham: it is that we're actually the journey that we're embarking on because it is a kind of a journey and

[3:21:14] Trustee Luckham: a commitment that goes above and beyond any covenants and I realize that no other future

[3:21:18] Trustee Luckham: LTC or yourselves are bound by anything in your decision making but to Jason I want to again thank

[3:21:26] Trustee Luckham: you for the work thank you for the conversation with with Couch and Tribes and I also want to

[3:21:31] Trustee Luckham: thank Couch and Tribes if anybody's listening for working with us on this and we are committed to do

[3:21:37] Trustee Luckham: the right thing and I think that in the future we are committed to continue to do the right thing

[3:21:42] Trustee Luckham: and indeed this is the walk the talk kind of a moment where we want to absolutely respect

[3:21:48] Trustee Luckham: First Nations interests here and we've come some distance from where we were many months ago

[3:21:55] Trustee Luckham: which was kind of an impasse that we wanted to do the right thing we weren't sure how to do it and

[3:22:00] Trustee Luckham: this is maybe we've ended up in the right place so the questions Jason are you have the first one

[3:22:06] Trustee Luckham: here about the LTC may find itself asking when a covenant is triggered, questions that we may

[3:22:13] Trustee Luckham: be asking ourselves. And you've got four bullets there. And I'm prepared to believe that all four

[3:22:19] Trustee Luckham: of those questions, the answer is that we can make a decision in favor or against it based upon

[3:22:28] Trustee Luckham: upon our commitments to reconciliation,

[3:22:33] Trustee Luckham: taken into consideration,

[3:22:35] Trustee Luckham: we can decide one way or the other.

[3:22:37] Trustee Luckham: And in an ideal situation,

[3:22:39] Trustee Luckham: we vote in favor of doing the right thing.

[3:22:42] Trustee Luckham: Is that correct?

[3:22:44] Trustee Luckham: Yeah, you're nodding your head.

[3:22:46] Trustee Luckham: So.

[3:22:47] Voice 25: Oh yeah.

[3:22:51] Voice 25: Certainly this is set up in such a way

[3:22:55] Voice 25: that the LTC uh holds the cards of of decision making uh I guess I I flag I flag these questions

[3:23:05] Voice 25: only to emphasize that and you know this better than even you know better than I do but we're

[3:23:11] Voice 25: we're all on this journey together that holding those cards confers a degree of responsibility

[3:23:18] Voice 25: right on on the local trust committee to make a decision that's consistent with the

[3:23:22] Voice 25: the resolutions that they've made and in in trying to be consistent with that

[3:23:28] Voice 25: it it sometimes won't be as easy as a simple yes or no but i don't i don't need to explain that to

[3:23:35] Voice 25: you yeah

[3:23:36] Trustee Luckham: and you know so obviously the is permission they are called sufficient grounds

[3:23:40] Trustee Luckham: for the cc approval works it you know i would suggest it maybe is not and we would need to

[3:23:45] Trustee Luckham: consider all the factors um and so we would try to do the right thing um and then the next one

[3:23:51] Trustee Luckham: about a decision. Again, if we needed to, and in fact, Laura Patrick, thank you, has said, yes,

[3:23:58] Trustee Luckham: we need to look at our budgets in order to determine how it is that we can support informed

[3:24:04] Trustee Luckham: decision making. And indeed, we would engage with nations if there was some disagreement on

[3:24:12] Trustee Luckham: a professional that would be included. And hopefully, we would never end up in the situation

[3:24:21] Trustee Luckham: of the last bullet, where we were to prove something

[3:24:23] Trustee Luckham: the locations were not, the nations were not happy with.

[3:24:26] Trustee Luckham: Our intention is to do the right thing.

[3:24:30] Trustee Luckham: And I just wanna, I'm sort of saying that out loud

[3:24:34] Trustee Luckham: and looking for concurrence from staff

[3:24:37] Trustee Luckham: that that is indeed what we're doing here.

[3:24:40] Trustee Luckham: And I'm seeing nodding of heads, so that's terrific.

[3:24:42] Trustee Luckham: So the next obvious thing, Jason,

[3:24:44] Trustee Luckham: is the three, four questions from Cowichan Tribes.

[3:24:50] Trustee Luckham: staff um um they seem to be uh with the great questions right and i think you provided uh

[3:25:00] Trustee Luckham: suitable answers um and indeed again this is our commitment to reconciliation we are committed and

[3:25:07] Trustee Luckham: we've got this far because of it that we are committed to uh do the right thing and so you

[3:25:14] Trustee Luckham: know i i believe we will endeavor to do the right thing and i i know that the two trustees are also

[3:25:19] Trustee Luckham: in concurrence with that and my screen's now gone blank which oh and in fact it's just rebooted

[3:25:24] Trustee Luckham: so now i don't even have it in front of me but anyway um i just wanted to bring that out into

[3:25:31] Trustee Luckham: the open so that it's clear that i personally believe that we want to stand up to our commitment

[3:25:37] Trustee Luckham: of reconciliation and this is part of that work and having not received a no don't do this um

[3:25:45] Trustee Luckham: I don't necessarily expect that, yeah, go ahead, this is great, because I think it's actually in the doing, not in us approving this covenant, but in what happens next and that we work with the property owner in the event that there's something that comes up and that we collaborate with Source Nations to do the right thing.

[3:26:06] Trustee Luckham: And in fact, I would fully expect us to be called on something if we didn't follow through with that commitment.

[3:26:12] Trustee Luckham: So I just wanted to voice that.

[3:26:15] Trustee Luckham: But if the trustees are in agreement tacitly with that dialogue and that discussion,

[3:26:21] Trustee Luckham: I would welcome the motions that are presented in the recommendations.

[3:26:28] Trustee Grove: Happy to do that, unless you want to, Laura.

[3:26:31] Trustee Grove: I move that the Salt Spring Island Local Trust Committee accept from the registered owner of the land

[3:26:36] Trustee Grove: legally described as lot one section 15 ranges one and two south salt spring salt spring island

[3:26:41] Trustee Grove: college and district plan one two two four eight the archaeological protection covenant attached

[3:26:46] Trustee Grove: as appendix one to the staff report dated june 29 2021 and assign any member of the local trust

[3:26:53] Trustee Grove: community to sign it

[3:26:57] Trustee Luckham: seconded by trustee patrick thank you is there any discussion

[3:27:00] Trustee Luckham: then i'm going to call for the vote all those in favor and

[3:27:08] Trustee Patrick: i'll move and that carries

[3:27:10] Trustee Luckham: you know

[3:27:10] Trustee Patrick: sorry it's getting hot okay i'm i moved that the salt spring island local trust committee

[3:27:16] Trustee Patrick: bylaw number 474 cited the salt spring island official community plan bylaw 2008 amendment

[3:27:22] Trustee Patrick: number 2 2013 be adopted subject to confirmation of the registration of the archaeological

[3:27:28] Trustee Patrick: protection covenant attached as appendix 1 to the staff report dated june 29 2021

[3:27:35] Trustee Patrick: 21.

[3:27:36] Trustee Grove: And I second that.

[3:27:39] Trustee Luckham: So that's moved and seconded. Is there any discussion? Call for the

[3:27:44] Trustee Luckham: vote. All those in favor? Any opposed? None opposed? That carries.

[3:27:51] Trustee Grove: And I move that the

[3:27:52] Trustee Grove: Salt Spring Island Local Trust Committee bylaw number 475 cited as the Salt Spring Island land

[3:27:56] Trustee Grove: use bylaw 1999 amendment number 6 2013 be adopted subject to confirmation of a registration of the

[3:28:03] Trustee Grove: the Archaeological Protection Covenant

[3:28:05] Trustee Grove: attached as Appendix One to the staff report

[3:28:07] Trustee Grove: dated June 29th, 2021.

[3:28:12] Trustee Luckham: Moved and seconded.

[3:28:14] Trustee Luckham: Laura Patrick, any discussion?

[3:28:17] Trustee Luckham: All those in favor?

[3:28:21] Trustee Luckham: None opposed, that carries.

[3:28:24] Trustee Patrick: I move that the Salt Spring Island

[3:28:28] Trustee Patrick: Local Trust Committee direct staff to advise First Nations

[3:28:31] Trustee Patrick: that bylaws numbers 474 and 475 have been adopted

[3:28:35] Trustee Patrick: upon confirmation of registration

[3:28:37] Trustee Patrick: of the Archaeological Protection Covenant.

[3:28:40] Trustee Grove: Seconded.

[3:28:42] Trustee Luckham: Moved and seconded.

[3:28:44] Trustee Luckham: Any discussion?

[3:28:48] Trustee Luckham: The only question I have in respect to this,

[3:28:52] Trustee Luckham: and I'm asking the LTC and Jason,

[3:28:54] Trustee Luckham: is at that time that we're confirming with Couch and Tribes

[3:29:00] Trustee Luckham: that this has been done,

[3:29:02] Trustee Luckham: should we also reconfirm our commitment to reconciliation

[3:29:06] Trustee Luckham: and that we will attempt to honor

[3:29:11] Trustee Luckham: what um we've said we're going to do um and we don't need that decision today i think i think

[3:29:17] Trustee Luckham: when that finally comes back to us that may be a question that's posed to us but i just ask that

[3:29:22] Trustee Luckham: question trustee patrick um

[3:29:24] Trustee Patrick: i think i i would recommend or ask that we probably be even more

[3:29:29] Trustee Patrick: specific and you know that we want to work with them you know with first nations moving forward

[3:29:35] Trustee Patrick: it on a respectable uh you know process together um if necessary like you know if we've got to

[3:29:44] Trustee Patrick: seek capacity funding or something else to help uh help involve and and co-create something that

[3:29:50] Trustee Patrick: will work uh into the future but right

[3:29:55] Trustee Luckham: and i agree with you completely i'm trying to be brief so uh

[3:29:59] Trustee Luckham: planner yeoman

[3:30:00] Trustee Luckham: with respect to advising couch and tribes when this is complete what opportunity would the ltc

[3:30:06] Trustee Luckham: have to embellish such advice and uh over to you yeah

[3:30:11] Voice 25: if if uh the ltc wishes to review

[3:30:15] Voice 25: such correspondence before it goes out i think you could add something to that effect simply

[3:30:20] Voice 25: to the end of this resolution um um you could just add and that trustees request review of

[3:30:31] Voice 25: the letter before it um before it is distributed and you know i think we would take whatever

[3:30:38] Voice 25: feedback we hear from you and incorporate that into such a letter i mean i'll look to

[3:30:44] Voice 25: regional planning manager sir mac in the event that i've i'm doing something that is not not

[3:30:49] Voice 25: appropriate process but but i'd be happy to share a draft of the letter with the ltc and can uh

[3:30:55] Voice 25: request addition of of whatever you so choose sound

[3:31:00] Voice 6: advice all

[3:31:03] Trustee Luckham: right so you're nodding your

[3:31:04] Trustee Luckham: your head I didn't really hear so um perhaps a trustee could uh I don't

[3:31:12] Trustee Patrick: think it changes the

[3:31:13] Trustee Luckham: intent go ahead

[3:31:14] Trustee Patrick: you want me to amend it is that yeah

[3:31:17] Trustee Luckham: I'm thinking let's amend it um and then

[3:31:20] Trustee Luckham: that's a thoughtful process and then we can move ahead right

[3:31:24] Trustee Patrick: I'll move to amend the motion to add

[3:31:26] Trustee Patrick: to the end of the motion that staff provide trustees

[3:31:35] Trustee Patrick: what is it?

[3:31:39] Trustee Patrick: Opportunity to review the

[3:31:40] Trustee Patrick: draft response,

[3:31:42] Trustee Patrick: the draft response or draft letter.

[3:31:46] Trustee Luckham: Yeah, draft letter.

[3:31:48] Trustee Luckham: Yeah, yeah, that's good.

[3:31:53] Trustee Luckham: So that's moved to amend the motion.

[3:31:55] Trustee Luckham: Do you have a seconder, Peter?

[3:31:57] Trustee Luckham: Peter yes seconded to move to amend and I'm just going to trust that Sarah you'll pick that up in

[3:32:03] Trustee Luckham: the audio recording and so therefore I call for the vote on the amendment all those in favor

[3:32:10] Trustee Luckham: so that carries so now the motion is amended and the new motion now is on the table for a vote

[3:32:20] Trustee Luckham: and so I'll call the vote on the amended motion all those in favor and that too carries

[3:32:26] Trustee Luckham: um i'm trying to still get caught up by getting my documents back online after my computer

[3:32:33] Trustee Luckham: spontaneously rebooted probably something to do with the temperature um i think that concludes

[3:32:39] Trustee Luckham: the uh uh all the decision items on that no

[3:32:43] Trustee Patrick: there's two more two more motions

[3:32:45] Trustee Patrick: i'm sorry

[3:32:46] Trustee Patrick: two more resolutions peter go

[3:32:48] Trustee Luckham: ahead then i don't have it in front of me right okay i

[3:32:51] Trustee Patrick: moved at the

[3:32:52] Trustee Patrick: the Salt Spring Island Local Trust Committee

[3:32:53] Trustee Patrick: rescind resolution SS 2016-118.

[3:32:58] Trustee Luckham: Second that.

[3:33:00] Trustee Luckham: Okay, moved and seconded.

[3:33:02] Trustee Luckham: Thank you for keeping me on track.

[3:33:04] Trustee Luckham: Any discussion?

[3:33:05] Trustee Luckham: All those in favor?

[3:33:09] Trustee Luckham: That carries, none opposed.

[3:33:11] Trustee Luckham: And the final one?

[3:33:13] Trustee Grove: I move the Salt Spring Island Local Trust Committee

[3:33:15] Trustee Grove: issue development permit SSDP 2014.3.

[3:33:23] Trustee Luckham: Seconded.

[3:33:23] Trustee Luckham: Any discussion?

[3:33:25] Trustee Luckham: All those in favor?

[3:33:26] Trustee Luckham: any opposed that carries unanimously thank you very much so okay so then that let me scroll back

[3:33:37] Trustee Luckham: up now I think that concludes that item and so thank you and thank you to the applicant and for

[3:33:45] Trustee Luckham: your working with us on this and thank you Jason for all the work that you've done on this and and

[3:33:51] Trustee Luckham: and working with couch and tribes this is this is actually a significant piece of work and I'm

[3:33:56] Trustee Luckham: really glad that we've got this far in this way so thank you sir um i'm going to go to seven oh yes

[3:34:03] Trustee Luckham: you have a hand up no okay you're going away is what you're telling us thank you okay glad to see

[3:34:11] Trustee Luckham: you 17.2 is salt spring development variant permit uh 2021.6 and 2020.10 uh and um this is from litka

[3:34:28] Trustee Luckham: uh Polaris Surveying Limited for 445 Blackburn Road on a page 159 of our package um and there

[3:34:39] Trustee Luckham: we are and um I believe this is uh Planner Gordon who's going to take us through this one so Planner

[3:34:45] Trustee Luckham: Gordon over to you and I'll just ask you to comment if the applicant is online with us today

[3:34:51] Trustee Luckham: uh

[3:34:52] Voice 20: yes I believe I saw Jordan Litke attending online there okay

[3:34:57] Trustee Luckham: thank you over to everyone

[3:34:59] Voice 20: everyone can thank you chair um everyone can see the presentation i've got here i can um

[3:35:05] Voice 20: okay great

[3:35:06] Voice 20: um yeah so this is a uh application that brings forward a number of requests requirements related

[3:35:13] Voice 20: to a subdivision application there's a development variance permit development permit frontage

[3:35:19] Voice 20: exemption and a water treatment covenant and this is all for a three lot subdivision in the

[3:35:25] Voice 20: the forestry zone. The variance required is due to the lot layout that results in frontages

[3:35:32] Voice 20: on more than one highway, which is not permitted under subdivision regulations and the land

[3:35:37] Voice 20: use by-law. So that's the remainder lot. It's more clearly identified on the draft permit,

[3:35:42] Voice 20: if you'd like to refer to that. A fairly straightforward ask of fairly minor significance in this case.

[3:35:53] Voice 20: The requirement for the development permit is due to the presence of DPA-7 riparian area

[3:36:00] Voice 20: on the subject property as shown on the map here.

[3:36:02] Voice 20: There was some issue with this development permit as there was some disturbance within

[3:36:09] Voice 20: the RAR that was noted by staff and so the applicant has been required to obtain an impact

[3:36:17] Voice 20: assessment and restoration report from the QEP which they have done and that's the included in

[3:36:24] Voice 20: the proposed permit and that's also why there's a requirement for security and for the work to

[3:36:30] Voice 20: be done. Also associated with this application is the issue of the dedication of a trail.

[3:36:40] Voice 20: and this is mostly being handled by CRD Park and their request is identified in

[3:36:48] Voice 20: the their gap analysis you can see highlighted there that there is a gap

[3:36:53] Voice 20: there that they would like to secure through the subdivision process and as I

[3:36:59] Voice 20: say this is has mostly been handled by by CRD Park staff and the park manager

[3:37:04] Voice 20: there and just as an update subsequent to the staff report and this might

[3:37:10] Voice 20: change the wording of the resolution as proposed um the ministry of transportation infrastructure

[3:37:16] Voice 20: did provide confirmation that they will be requiring this trail access um as presented

[3:37:22] Voice 20: in the staff report from the crd diagram of a perimeter trail and so the ministry of transportation

[3:37:29] Voice 20: did provide an updated uh layout review letter which requires the applicant to provide this five

[3:37:35] Voice 20: near right-of-way. And also just to update the LTC, as I'm sure you've received two pieces of

[3:37:45] Voice 20: correspondence. One came in this morning. I'm not sure if you've had a chance to review that one or

[3:37:50] Voice 20: not. It was mostly related to concerns with the trail access that is to be provided. The other

[3:37:56] Voice 20: was more related to previous issues with the variance permit that was previously considered

[3:38:01] Voice 20: on this file but still raised some concerns around access across the property. The other

[3:38:08] Voice 20: two issues, the covenant and the frontage exemption, are fairly minor routine aspects

[3:38:15] Voice 20: of subdivision. So staff have recommended issuance of all permits subject to some conditions.

[3:38:22] Voice 20: As I say, this condition that was in the report might be unnecessary at this point as the

[3:38:28] Voice 20: ministry has provided that confirmation that they will require that public access so I'm happy to

[3:38:38] Voice 20: take any questions that you might have on the application there are four recommendations there

[3:38:43] Voice 20: in front of you okay

[3:38:46] Trustee Luckham: thank you very much planner Gordon the applicant perhaps if they're promoted

[3:38:53] Trustee Luckham: do they concur with the recommendations or have any new information they would like to share with

[3:38:59] Trustee Luckham: that uh

[3:39:01] Voice 12: good afternoon uh jordan litke here from polaris uh yeah i appreciate the the recommendations

[3:39:09] Voice 12: that jordy has put forward um i think the only thing i would add to this is just around the

[3:39:16] Voice 12: development permit for uh development permit area 7 and the disturbance that was caused

[3:39:22] Voice 12: i think the general public sometimes doesn't understand development permit areas as well

[3:39:29] Voice 12: well as they're intended to. So that disturbance, while minor, was completely unintentional. I just

[3:39:37] Voice 12: wanted to pass that note on on behalf of the owners. So they have had the biologist report

[3:39:45] Voice 12: updated and are happy to carry on with the remediation recommendations made within that

[3:39:53] Voice 12: report to restore it back to as best as possible the natural condition. Otherwise, I appreciate

[3:40:02] Voice 12: the recommendations and the only other thing I would add is that as already alluded to I

[3:40:08] Voice 12: think would make sense to remove the condition for recommendation one because the five meter

[3:40:17] Voice 12: right-of-way for the CRD has now been made a requirement by the Ministry of Transportation

[3:40:22] Voice 12: and infrastructure so I think it'd be probably just simply a cleaner DBP if that was left

[3:40:30] Voice 12: in the MOTI department instead of being tied in here as well but otherwise I'm happy to answer

[3:40:36] Voice 12: any questions regarding this application.

[3:40:40] Trustee Luckham: Okay very good thank you very much sir so we'll see

[3:40:43] Trustee Luckham: what the trustees want to do and so trustees any questions for staff or the applicant?

[3:40:49] Trustee Luckham: Trustee Patrick.

[3:40:50] Trustee Patrick: I just in regard to understand the making resolutions clean

[3:40:56] Trustee Patrick: but are we competent that the requirement

[3:41:00] Trustee Patrick: for the trail is secure is the document

[3:41:04] Trustee Patrick: that the proof of from Moti

[3:41:06] Trustee Patrick: is that a legal binding document that they have received?

[3:41:13] Voice 12: Is that or

[3:41:15] Trustee Patrick: Jordy, whoever can answer the question.

[3:41:18] Trustee Patrick: I

[3:41:18] Voice 20: don't I don't I don't know about the the legal binding nature certainly it is as it stands a

[3:41:23] Voice 20: requirement that the applicant has to meet in order to have the subdivision approved I suppose

[3:41:28] Voice 20: there is the possibility that Modi could revise the layout review letter again to remove that and

[3:41:36] Voice 20: seems a little bit unlikely but I suppose it is theoretically possible yes that they

[3:41:42] Voice 20: could remove that requirement so

[3:41:45] Trustee Patrick: I would no I'm sorry oh

[3:41:48] Voice 12: I would generally concur with that

[3:41:50] Voice 12: nothing is set in stone in a preliminary approval I mean as we saw with the addition of this

[3:41:56] Voice 12: requirement you know six months into the process so I guess there's no certainty but it is I think

[3:42:06] Voice 12: very likely is as likely as any other requirement that they make within their PLA letters

[3:42:13] Voice 12: um

[3:42:14] Trustee Patrick: but i mean because the i assume it's the owner that has said that they're not they're

[3:42:22] Trustee Patrick: they were not happy about the the access across their property i would prefer to then

[3:42:27] Trustee Patrick: leave that we have that as a a condition um you know i think building trails we need to we need

[3:42:34] Trustee Patrick: to build confidence that trails are there you know we can always be fearful of what people

[3:42:39] Trustee Patrick: people do that are bad but I live adjacent to a five meter linear park and it's it's respected

[3:42:48] Trustee Patrick: it's so you know I think we can't always plan for the the one problematic person I think in

[3:42:55] Trustee Patrick: general people are you know thrive and enjoy the trails that we have on the island and that

[3:43:00] Trustee Patrick: I much prefer to see the trail across the property than a 25 meter wide road with ditches and all of

[3:43:08] Trustee Patrick: those things so i think at the long run and it's a much better way forward okay thank you

[3:43:19] Trustee Luckham: trustee grove do you have any questions or remarks

[3:43:22] Trustee Grove: just uh like clarification as to

[3:43:26] Trustee Grove: recommendation one are we living with that or we not i

[3:43:34] Voice 20: i just um make a comment if i may chair

[3:43:37] Voice 20: on that one yes

[3:43:38] Voice 16: please um

[3:43:39] Voice 20: that that as worded i mean likely that that recommendation resolution

[3:43:44] Voice 20: is already satisfied by receipt of that and letter from Modi so and I would say

[3:43:51] Voice 20: that if the LTC is not satisfied with the idea of securing the trail that they

[3:43:57] Voice 20: might want to consider different wording altogether just because the way it reads

[3:44:02] Voice 20: and we have received that confirmation subsequent to the publishing the staff

[3:44:07] Voice 20: report and it was sort of the day after we got this update so is effectively

[3:44:12] Voice 20: effectively satisfied as written.

[3:44:16] Trustee Grove: Sorry, what was the last statement you made?

[3:44:18] Voice 20: Oh, just that it's effectively satisfied as it's written,

[3:44:22] Voice 20: that we would consider that the DVP could be issued

[3:44:27] Voice 20: without any further need for anything to be provided

[3:44:31] Voice 20: as the resolution's worded.

[3:44:35] Trustee Grove: So, sorry, I need to be told what you recommend.

[3:44:39] Trustee Grove: So should we, do we stick with one or should we not?

[3:44:42] Trustee Grove: uh we didn't uh

[3:44:45] Voice 20: if if i may chair make a recommendation i i would either just leave it at

[3:44:51] Voice 20: um ending it at uh the south maryland trust committee approve issuance of ssdbp 2021.6

[3:44:59] Voice 20: or if the ltc is not satisfied that there's enough sort of security or certainty that that

[3:45:07] Voice 20: is going to be provided that there would be some other mechanism used which you

[3:45:13] Voice 20: know I would be reluctant to sort of try to devise off the top here

[3:45:17] Voice 19: but

[3:45:18] Voice 20: effectively

[3:45:20] Voice 20: the rest of that resolution does has no real real value at this point.

[3:45:25] Voice 18: So what is your recommendation?

[3:45:29] Voice 20: Just that that you issued a permit without condition.

[3:45:32] Voice 20: yeah

[3:45:33] Trustee Luckham: so delete everything past the subject two including subject two so

[3:45:41] Trustee Grove: i'm happy to make that

[3:45:42] Trustee Grove: motion so i move that the salt spring on a local trust committee before

[3:45:46] Trustee Luckham: you do that trustee patrick

[3:45:47] Trustee Luckham: has something to ask well

[3:45:49] Trustee Patrick: we just had that conversation and said that the ministry that

[3:45:51] Trustee Patrick: the letter could be changed so if we want to secure that we know that the linear park is going

[3:45:59] Trustee Patrick: to occur or the or whatever it's called the right of right of whatever i'm sorry i don't have the

[3:46:05] Trustee Patrick: right language here in front of me uh easement in

[3:46:07] Trustee Patrick: favor of the capital regional district um

[3:46:12] Trustee Patrick: how do we retain that require you know that we know that that happens so yeah

[3:46:22] Trustee Luckham: so it doesn't i

[3:46:22] Trustee Luckham: think trustee patrick it doesn't hurt to retain that language because we're going to get that

[3:46:27] Trustee Luckham: document is that correct uh planner gordon yes

[3:46:32] Voice 20: well we do we do have that confirmation from

[3:46:34] Voice 20: that they are currently requiring it of the applicant i think the issue is that

[3:46:38] Voice 20: But, you know, theoretically, that could be revised and that that requirement dropped with, you know,

[3:46:43] Voice 20: without any much further discussion.

[3:46:47] Voice 20: I would say, too, that really, I mean, at this point, the process is being managed by the CRD and by the manager there.

[3:46:57] Voice 20: And I'm not sure if Regional Planning Manager Stephen Tremack has any comment on what might be used to secure this.

[3:47:05] Voice 20: I would hesitate to require anything too much of substance

[3:47:08] Voice 20: like a letter of undertaking because that sort of puts the applicant in an awkward

[3:47:13] Voice 20: position of having to fulfill something that might no longer

[3:47:17] Voice 20: be required.

[3:47:21] Trustee Luckham: So Region Planning Manager Cermak.

[3:47:24] Trustee Luckham: Mr.

[3:47:25] Voice 6: Chair. Thank you, Mr. Chair.

[3:47:28] Voice 6: I just want to remind everybody that the approving officer has full authority

[3:47:32] Voice 6: when it comes to approving the subdivision, including the PLA.

[3:47:36] Voice 6: and the fact that they've now included it after months of discussion with the applicant

[3:47:41] Voice 6: and the owner and they're putting it as a condition it is very rare once they get to

[3:47:47] Voice 6: that point to remove the condition it was a bit of a struggle to put it in and I don't think

[3:47:52] Voice 6: they're going to take it out so I think the hard work has been done here and and I think you know

[3:47:58] Voice 6: Jordan has been very cooperative and helpful both to his you know who he's representing and to the

[3:48:05] Voice 6: CRD and everybody else. And I think we got to a place of negotiation that now MOTI has put it on

[3:48:11] Voice 6: as a condition. And I would say that this is kind of as far as the LTC can go. It's really up to the

[3:48:17] Voice 6: CRD to work with the approving officer to ensure this condition is met. I think this becomes a bit

[3:48:24] Voice 6: too far removed now from the matter at hand. So I think, I guess what I'm saying is have faith that

[3:48:29] Voice 6: once the approving officer puts it in, she very rarely takes it out. And this has happened once

[3:48:35] Voice 6: before, but it was also a kind of a Hail Mary attempt to put something in. So, and Jordan knows

[3:48:40] Voice 6: all about that process. So, I'd say have faith that the approving officer, once she's put it in,

[3:48:46] Voice 6: it's there. And that the approving, that the manager at Parks is on top of this issue. And I

[3:48:52] Voice 6: think we've all cooperatively got to this point. So, personally, from my experience here, that

[3:48:57] Voice 6: removing all conditions is um would be staff's recommendation all

[3:49:03] Trustee Luckham: right so trustees i'd like to

[3:49:07] Trustee Grove: proceed with these recommendations if i may please i move the source from now the local trust

[3:49:13] Trustee Grove: committee approve issuance of ssdvp 2021.6 period that's

[3:49:21] Trustee Luckham: removed and seconded and um any discussion

[3:49:25] Trustee Luckham: uh trustee patrick i

[3:49:27] Trustee Patrick: mean i'll i'll agree with this but i mean there was a road in there last

[3:49:30] Trustee Patrick: time and that was removed so um it happened on this application so um that's why i'm being

[3:49:36] Trustee Patrick: hesitant i know i'm kind of kind of new to this planning gig here so i'm i'm trying to um

[3:49:42] Trustee Patrick: to understand and as long as there's confidence that the crd has some

[3:49:46] Trustee Patrick: sway with the uh proving officer i i hope that's the case okay so

[3:49:54] Trustee Luckham: moved and seconded

[3:49:55] Trustee Luckham: any further discussion all those in favor so that carries and the next motion uh

[3:50:04] Trustee Patrick: I move that the South Spring Island Local Trust Committee approve issuance of SSTP 2020.10,

[3:50:09] Trustee Patrick: subject to receipt of a security in the amount of $3,000.

[3:50:16] Trustee Luckham: So move to have a seconder, seconder, Trustee Grove.

[3:50:19] Trustee Luckham: Any discussion?

[3:50:21] Trustee Luckham: Yes, Trustee Patrick.

[3:50:22] Trustee Patrick: I'm just being annoying today.

[3:50:24] Trustee Patrick: It's not 100% relevant.

[3:50:26] Trustee Patrick: It's relevant to what Jordan said.

[3:50:28] Trustee Patrick: Jordan, please reach out and make recommendations to us as to how we could help.

[3:50:36] Trustee Patrick: make the development permit areas on the island understandable you know to people so that you

[3:50:42] Trustee Patrick: know they aren't surprised i you know i can completely understand that person you know

[3:50:46] Trustee Patrick: people don't wake up and go yeah i'm going to just do this it's just it's easy to understand

[3:50:51] Trustee Patrick: how this happens so any suggestions please please make them to us because uh i really want to hear

[3:50:56] Trustee Patrick: them okay

[3:50:59] Trustee Luckham: thank you shall i call the vote all those in favor any opposed none opposed and the

[3:51:06] Trustee Luckham: the next one i

[3:51:07] Trustee Grove: move the salt spring island local trust committee exempt proposed lot a proposed

[3:51:12] Trustee Grove: lot b and proposed remainder southwest one quarter section 85 of the northwest one quarter of section

[3:51:19] Trustee Grove: 85 south salt spring island cowichan district subdivision ss suv 2020.1 that's 445 blackburn

[3:51:27] Trustee Grove: road from the 10 minimum lot frontage requirement of section 512 of the local government act

[3:51:33] Trustee Grove: in subsection 5.3.1 of the salt spring island land use by door number 355 moved

[3:51:41] Trustee Luckham: and seconded

[3:51:42] Trustee Luckham: any discussion all those in favor any opposed that carries and

[3:51:49] Trustee Patrick: i move that the salt spring

[3:51:50] Trustee Patrick: island local trust committee accept in principle a covenant under section 219 of the land title

[3:51:55] Trustee Patrick: act requiring treatment of water from the registered owner of the northwest quarter of

[3:52:01] Trustee Patrick: of section 85 South Salt Spring Island Cowichan District

[3:52:05] Trustee Patrick: and designate any member of the local trust committee

[3:52:08] Trustee Patrick: to sign the covenant conditional upon receipt

[3:52:12] Trustee Patrick: of a letter of undertaking to the satisfaction of staff.

[3:52:18] Trustee Luckham: Very good, seconded, Trustee Grove, any discussion?

[3:52:24] Trustee Luckham: All those, oh, Trustee Patrick.

[3:52:26] Trustee Patrick: It says me again, being annoying.

[3:52:28] Trustee Patrick: I did not, as I do my research with water and groundwater,

[3:52:32] Trustee Patrick: water I noticed there are some districts that just it's a standard requirement if you have a

[3:52:36] Trustee Patrick: groundwater well you have to have a water treatment covenant to protect the region I just guess I'm

[3:52:43] Trustee Patrick: saying it out loud but something that we might want to think about is we're you know getting

[3:52:49] Trustee Patrick: involved in some of these reviews of are looking at our land use bylaws but okay

[3:52:57] Trustee Luckham: shall I call the

[3:52:59] Trustee Luckham: vote all those in favor that carries um is that concluded at this point okay um and trustee

[3:53:14] Trustee Luckham: patrick you're not annoying i appreciate the uh attention to detail it's too easy to breeze

[3:53:21] Trustee Luckham: through things so that well it's just

[3:53:24] Trustee Patrick: it's great when we have you know jordan sees things from the

[3:53:27] Trustee Patrick: other other side and i've really enjoyed the uh the partner brent's uh feedback on the freshwater

[3:53:32] Trustee Patrick: water strategy it's it's really important to get the feedback from both sides of our processes

[3:53:40] Voice 16: exactly yep

[3:53:41] Trustee Luckham: all right so we are now at 17.3 should we take a five minute break it's certainly the

[3:53:46] Trustee Luckham: temperature has risen in my house significantly in the last half an hour so let's take a five

[3:53:51] Trustee Luckham: minute break refresh our water glasses and then come back and we'll we'll continue on with 17.3

[3:53:57] Trustee Luckham: We're doing very well and appreciate everybody's thoughtfulness here.

[3:54:02] Trustee Luckham: So we'll recess for five minutes, 151, and we'll reconvene.

[4:00:55] Trustee Luckham: Okay, do we have people in the background they're waiting to join us is Gordon right this way for trustee Patrick.

[4:01:16] Trustee Luckham: In

[4:01:16] Trustee Grove: her air conditioned house and this can you see that.

[4:01:22] Trustee Luckham: That I have 89.

[4:01:27] Trustee Grove: We're at 90.7.

[4:01:31] Trustee Patrick: um i'm i am uh no in the second floor of my house which is there is no air condition it's 29 in my

[4:01:36] Trustee Patrick: office so you can't see all my glasses of ice water here yeah

[4:01:42] Trustee Luckham: me too anyway um let us uh move

[4:01:46] Trustee Luckham: along uh i'll admit i should never answer the phone when i'm on a break because then i lose my

[4:01:51] Trustee Luckham: break but that was uh uh work on uh derelict vessels and abandoned vessels uh is continuing

[4:01:58] Trustee Luckham: continuing apace. That was what that phone call was about down in Saanich with the Dead Boat Society and the First Nations owned corporation that's doing the retrievals and stuff. And so that's good news. That'll be proceeding according to plan.

[4:02:16] Trustee Luckham: land. So let's go to 17.3. Salt Spring development permit 2015.15. That's Bookbinder at 106 Lower

[4:02:25] Trustee Luckham: Ganges Road, Salt Spring Island. This is the El Loco Taco location. Development permit amendment

[4:02:31] Trustee Luckham: for development permit area one. And we have a staff report from Planner Gordon. Over to you,

[4:02:38] Trustee Luckham: answer today

[4:02:40] Voice 20: uh i believe uh the applicant uh dr tom bookbinder is not online yet but the property

[4:02:50] Voice 20: owner debbie holmgren i believe is in the audience and i i think is prepared to speak to the

[4:02:57] Voice 20: application as needed okay

[4:03:00] Trustee Luckham: as long as they're speaking on

[4:03:02] Trustee Luckham: behalf of the applicant or whoever

[4:03:04] Trustee Luckham: the applicant is um so uh i'll let you i'll turn it over to you and we'll see how that all goes

[4:03:09] Voice 20: Thank you, Chair. Hopefully everyone can still see my PowerPoint presentation here.

[4:03:14] Voice 20: This is essentially sort of a status update for the LTC on the development permit application

[4:03:20] Voice 20: that they had previously considered for 106 Laura Ganges Road, El Loco Taco restaurant.

[4:03:28] Voice 20: This is a development permit amendment for some aspects of landscaping and general site layout.

[4:03:34] Voice 20: out. Just as a reminder, the proposed plan looks something like this and that the covered patio

[4:03:44] Voice 20: with the, well, I think mine is hanging baskets, but perhaps they are there, but the covered patio

[4:03:49] Voice 20: has been constructed. So at the last, the last time the LTC considered this, they referred it

[4:03:57] Voice 20: to the Salton Island Transportation Commission, who took up this at their meeting at the end of

[4:04:03] Voice 20: May and made a couple of recommendations that are on screen here. So staff have found these to be

[4:04:12] Voice 20: reasonable recommendations for the LTC to take up, so I've sort of worked the intent of these

[4:04:17] Voice 20: recommendations into new recommendations for the LTC that we consider to be doable by the applicant

[4:04:24] Voice 20: and really that's to sort of build on the recommendations that were given by the LTC

[4:04:31] Voice 20: see at the last meeting as well which is to essentially make it a bit more of a pedestrian

[4:04:36] Voice 20: friendly area and that's one is to present a plan to delineate a walkway on the entire perimeter

[4:04:44] Voice 20: of the subject property for pedestrians and that's consistent with the resolutions passed

[4:04:51] Voice 20: by the transportation commission and that they may need to consult with the ministry of

[4:04:56] Voice 20: transportation in preparing that plan sort of depends i think a little bit on exactly where

[4:05:00] Voice 20: that would happen on the property. And then the other one is to submit a parking plan

[4:05:08] Voice 20: that would perhaps better delineate the parking that occurs off the subject property.

[4:05:17] Voice 20: There might be some challenges in doing that. And then finally, and this is based on some

[4:05:25] Voice 20: correspondence that the LTC received, just to ensure, just to take a second look really and

[4:05:31] Voice 20: and review the proposal to ensure that it's consistent

[4:05:35] Voice 20: with the OCP policy guidelines

[4:05:37] Voice 20: to ensure a barrier-free access

[4:05:40] Voice 20: for those with mobility issues.

[4:05:41] Voice 20: So I'll leave it there,

[4:05:44] Voice 20: but essentially it's sort of furthering

[4:05:47] Voice 20: the recommendations made in the previous staff report

[4:05:49] Voice 20: that the area better address pedestrian issues.

[4:05:54] Voice 20: So I'm happy to take any questions that you might have.

[4:05:57] Voice 20: And I see that Debbie is also on screen now

[4:06:00] Voice 20: of uh for any comment okay

[4:06:03] Trustee Luckham: thank you uh planner gordon for your report um so uh debbie uh sorry

[4:06:08] Trustee Luckham: for being so informal um but um do you concur with the staff report or have any other information

[4:06:20] Trustee Luckham: you'd like to provide us um i'd just

[4:06:23] Voice 23: like to say that we're very happy with the recommendations

[4:06:26] Voice 23: that have been put forth through the Transportation Committee,

[4:06:30] Voice 23: our trust, and we look forward to coming up

[4:06:35] Voice 23: with something that's going to enhance

[4:06:37] Voice 23: not only the property, but the downtown area.

[4:06:39] Voice 23: I think that what they've provided us with

[4:06:42] Voice 23: is a good working model,

[4:06:44] Voice 23: and we hope that we can move through this smoothly.

[4:06:50] Trustee Luckham: Excellent. Well, thank you very much then, Debbie.

[4:06:52] Trustee Luckham: So, trustees, do you have any questions

[4:06:55] Trustee Luckham: for staff or the applicant here?

[4:06:57] Trustee Luckham: or trustee patrick and trustee girl

[4:07:02] Trustee Patrick: my question on plan number one that's on page 277 of our

[4:07:09] Trustee Patrick: agenda package and it shows five parking spots and i've seen in the report it talks about four

[4:07:14] Trustee Patrick: parking spots but um when i walk by that property i think it's only there's there's absolutely no

[4:07:21] Trustee Patrick: physical way even three cars can park in that in that it's tiny there's other other infrastructure

[4:07:29] Trustee Patrick: coming off of where the bathroom area is it's fenced and other stuff so i'm just curious as

[4:07:34] Trustee Patrick: to the plan layout and the number of cars and all of that being feasible i

[4:07:46] Trustee Grove: just add to that

[4:07:47] Trustee Grove: that question i'd like to add to that same question if i may i'm

[4:07:54] Trustee Luckham: sure if it helps for

[4:07:54] Trustee Luckham: to seek an answer for some clarity?

[4:07:57] Trustee Luckham: Thank

[4:07:57] Trustee Grove: you, because this has been an issue

[4:07:59] Trustee Grove: right from the beginning,

[4:08:00] Trustee Grove: particularly with some of the local businesses.

[4:08:03] Trustee Grove: And so they were meant to have seven parking slots

[4:08:07] Trustee Grove: within their area.

[4:08:13] Trustee Grove: And the plans that we've seen in the past

[4:08:16] Trustee Grove: had five or six,

[4:08:18] Trustee Grove: but also indicated that there was indeed parking on the street,

[4:08:21] Trustee Grove: where now it says no parking very clearly.

[4:08:24] Trustee Grove: um and um so i'm a bit confused about the whole parking issue overall um there's a significant

[4:08:33] Trustee Grove: reduction i think in parking uh in downtown ganges as a consequence of this plan is that right

[4:08:39] Trustee Grove: i'm

[4:08:43] Trustee Luckham: planning gordon thanks

[4:08:44] Voice 20: chair um yeah so there was the variance granted uh 2017 to reduce the

[4:08:50] Voice 20: number of required parking down to seven i believe it was um this plan puts forward uh six on the

[4:08:56] Voice 20: the property so there is a reduction of one over I believe what was permitted through the variance

[4:09:04] Voice 20: there there does perhaps it's not super overly legible on on that plan but it does still provide

[4:09:11] Voice 20: for some parking along McPhillips just sort of not right in front of that bicycle parking area

[4:09:17] Voice 20: I would say too that despite some of the work being done I believe the applicant and owner do

[4:09:25] Voice 20: have some further plans uh if the dp was issued to sort of make the parking along the northern

[4:09:31] Voice 20: boundary um yes the northern boundary along the wall boarding pharmacy to allow for more parking

[4:09:39] Voice 20: there but doing that work would be contingent upon um sort of the final permissions through the ddp

[4:09:46] Voice 20: or sorry pardon me through the dp amendment okay

[4:09:51] Trustee Luckham: um do you have any comments with respect to the

[4:09:55] Trustee Luckham: notion that and perhaps it's uh parking space number five on the map is maybe compromised by

[4:10:01] Trustee Luckham: some uh attachments to the building and then maybe uh debbie would like to comment on that as well

[4:10:07] Trustee Luckham: but planner gordon thank

[4:10:10] Voice 20: you chair um yes i believe that um there's going to be um a reworking

[4:10:18] Voice 20: of that area i mean i think the applicant has been fairly adamant that they've done the measurements

[4:10:24] Voice 20: and the plan has been prepared by a landscape architect to say that there is enough space

[4:10:30] Voice 20: if they can sort of rework the area that they can fit that parking but that that is a valid

[4:10:38] Voice 20: point that there could still be some issues conflict arising as a result of of the use of

[4:10:44] Voice 20: that corner of the building for for bin storage and and what have you okay

[4:10:50] Trustee Luckham: so then i can take it

[4:10:51] Trustee Luckham: that as it is today is not how it will be in the future correct

[4:10:55] Voice 20: yes there is the intention to

[4:10:57] Voice 20: provide more parking along that wall than there exists currently right

[4:11:03] Trustee Luckham: and so did the applicant

[4:11:04] Trustee Luckham: want to address that just kind of generally and then i see trustee grove is waving again

[4:11:15] Voice 23: debbie i'm sorry um you wanted clarification with respect to the parking spots and the new plan

[4:11:21] Voice 23: plan well

[4:11:23] Trustee Luckham: just over what you've heard now um over what's there now what will be there in the future

[4:11:27] Trustee Luckham: will be different and uh just the concerns about the getting five or five cars in that spot um

[4:11:36] Voice 23: okay if i could just say i my understanding was that there would be four parking and and

[4:11:43] Voice 23: please note i'm not um working with the architect so and i expected dr tom to be online uh so i

[4:11:50] Voice 23: I can't speak on behalf of him, but I can speak on behalf of what I discussed with the transportation people.

[4:11:59] Voice 23: And what I my understanding was that there would be four parking spaces along pharmacy wall with an additional three out on the on McPhillips Avenue, one being a handicap.

[4:12:10] Voice 23: cap so that would in in fact provide seven parking spots um and that those three out on the

[4:12:19] Voice 23: mcphillips was actually never there before when the gas station used to be there because of the

[4:12:25] Voice 23: the bays they had to be accessed to the the two bays when it was a working gas station

[4:12:30] Voice 23: so um with respect to that um it was felt that those were actually newly created spaces um

[4:12:37] Voice 23: With respect to the development permit that was approved, it was my understanding that it was six spaces that was approved in the development variance originally.

[4:12:50] Voice 23: So this would actually be an increase of one parking space.

[4:12:57] Trustee Luckham: Okay. So, Trustee Grove.

[4:13:01] Trustee Grove: Yeah, I don't really want to get into a big debate. On the other hand, it's sort of tempting to do so.

[4:13:05] Trustee Grove: So number five, there are washrooms there,

[4:13:10] Trustee Grove: which are not included in the plan, as far as I can see.

[4:13:13] Trustee Grove: So you're not going to get five parking spots there.

[4:13:17] Trustee Grove: I think, as Debbie just mentioned,

[4:13:19] Trustee Grove: her understanding was that it was four.

[4:13:23] Trustee Grove: There is another parking spot,

[4:13:27] Trustee Grove: I think, in the six that were referred to,

[4:13:31] Trustee Grove: and I don't see that it's on the plan there,

[4:13:33] Trustee Grove: but it was it was a handicapped parking spot which seems to have disappeared and

[4:13:39] Trustee Grove: in terms of the required parking the you're simply not really meant to be

[4:13:48] Trustee Grove: including the parking which is on the street that's a separate issue altogether I mean having

[4:13:54] Trustee Grove: said all of that I do want this to go ahead but I don't like the way it's been done by the way on a

[4:14:02] Trustee Grove: separate issue is it not the landlord who would be making this application rather than

[4:14:09] Trustee Grove: the person who's renting it i'd just like that clarification please thank you

[4:14:14] Trustee Luckham: staff

[4:14:17] Voice 20: yes i mean certainly the um the owner has to consent to to the the application being made

[4:14:24] Voice 20: but there's no requirement that they're the ones making it and i think that's up to um landlord

[4:14:30] Voice 20: landlord-tenant discussions and arrangements.

[4:14:37] Trustee Grove: My other points with regard to parking,

[4:14:39] Trustee Grove: I'd appreciate you addressing.

[4:14:40] Trustee Grove: Number five, there's washrooms there.

[4:14:42] Trustee Grove: You can't possibly include number five

[4:14:44] Trustee Grove: as part of this exercise.

[4:14:53] Voice 20: Chair, if I may, perhaps the LCC might want to add

[4:14:58] Voice 20: an additional resolution that that should be further

[4:15:02] Voice 20: examined as this proposal is refined,

[4:15:06] Voice 20: mind, as it sounds like it's perhaps going to be, that that might be a way to ensure that

[4:15:13] Voice 20: the minimum requirements are adhered to.

[4:15:18] Trustee Grove: I'm so sorry. So what are actually the minimum

[4:15:21] Trustee Grove: requirements on paper, at least? I don't think you'll ever manage to achieve them, but what are

[4:15:26] Trustee Grove: they?

[4:15:27] Voice 20: I believe it was seven that was issued at the time of the initial variance permit.

[4:15:32] Voice 20: it uh this and i'm looking at the plan on page 277 of the uh agenda package here which shows

[4:15:40] Voice 20: one through five across the pharmacy wall and then a six uh handicap spot so that would be

[4:15:46] Voice 20: a reduction a loss of one over what was permitted through the variance um through this plan i really

[4:15:57] Trustee Grove: my recollection is different in terms of the variance we um it was i think it was seven and

[4:16:03] Trustee Grove: and there were four across the top,

[4:16:04] Trustee Grove: then there was a couple in the middle.

[4:16:06] Trustee Grove: Anyway, I don't want to drag it out,

[4:16:08] Trustee Grove: but things have been shuffled around a bit.

[4:16:11] Voice 20: Yes, sorry, Chair.

[4:16:14] Voice 20: Yes, certainly this is a reconfiguration of the parking

[4:16:18] Voice 20: in an attempt, I think,

[4:16:20] Voice 20: to better achieve the landscaping guidelines

[4:16:23] Voice 20: in an effort to receive the security

[4:16:26] Voice 20: that's on hold with the trust.

[4:16:29] Voice 20: So this was sort of an attempt

[4:16:30] Voice 20: to satisfy the requirements of that and as such has resulted in some reconfiguration of

[4:16:36] Voice 20: the parking which is you know an appropriate way to do it through an amendment to the

[4:16:44] Voice 20: to the development permit so

[4:16:48] Trustee Grove: the development permit then would require four parking slots

[4:16:54] Trustee Grove: because we've i think we agreed fifth is unlikely i don't know where this uh handicap parking spot

[4:17:01] Trustee Grove: but is on this map.

[4:17:02] Trustee Grove: I don't see it anywhere.

[4:17:05] Voice 20: It's just sort of-

[4:17:06] Voice 20: It's on the

[4:17:06] Trustee Luckham: front of the property line.

[4:17:09] Voice 20: It's close to the covered patio area.

[4:17:11] Voice 20: It's sort of in a yellow color there.

[4:17:18] Trustee Luckham: Is it yellow?

[4:17:19] Trustee Luckham: On page 277?

[4:17:23] Voice 20: That's what I have, site option F.

[4:17:25] Trustee Luckham: Oh, it's a very faint yellow.

[4:17:27] Trustee Luckham: I see that now.

[4:17:28] Voice 20: Right.

[4:17:29] Trustee Luckham: Yeah, but it's got an upside down wheelchair on it.

[4:17:31] Trustee Grove: Yes.

[4:17:32] Trustee Luckham: Oh,

[4:17:33] Trustee Grove: oh, oh, I see.

[4:17:34] Trustee Grove: I thought that was some peculiar table.

[4:17:35] Trustee Grove: table okay um yeah i uh yeah uh anyhow i think the next time we look at it it should be forthright

[4:17:43] Trustee Grove: with regard to the number of parking slots um and uh but um i don't want to drive and there's

[4:17:49] Trustee Grove: some and you've got to get the washrooms in there somewhere well

[4:17:55] Trustee Luckham: the washrooms are depicted on the

[4:17:56] Trustee Luckham: diagram that i can see and you know if they can squeeze those parking spots in there that's a

[4:18:02] Trustee Luckham: of regulation sized parking lot, so to speak.

[4:18:07] Trustee Luckham: I'm

[4:18:07] Voice 17: sorry, I have

[4:18:07] Trustee Luckham: to come through with,

[4:18:09] Trustee Luckham: I think that this drawing, correct me if I'm wrong,

[4:18:12] Trustee Luckham: Planet Garden is what they're aiming to achieve.

[4:18:14] Trustee Luckham: And this is what we're being asked to make a decision on.

[4:18:16] Trustee Luckham: And it's up to them to determine

[4:18:18] Trustee Luckham: how they're actually gonna physically do that.

[4:18:22] Voice 20: Yes, sure, thank you.

[4:18:24] Voice 20: That is correct that if approved

[4:18:26] Voice 20: that they would be held to this amended development permit.

[4:18:32] Trustee Luckham: Thank you.

[4:18:32] Trustee Luckham: uh trustee patrick we're

[4:18:38] Trustee Patrick: not approving the development permit today is that my understanding

[4:18:41] Trustee Patrick: we're just saying go do the parking work and move forward so i think i mean uh trustee groves

[4:18:49] Trustee Patrick: question is extremely relevant uh what is the moving target what is the target here what is

[4:18:55] Trustee Patrick: what are the number of car spots that are required um because that to me is not clear um

[4:19:03] Trustee Patrick: Um, in here, when I see that, you know, you know, four cars are being described as being

[4:19:09] Trustee Patrick: in this place and two are being here, but I think there should be a total or something

[4:19:14] Trustee Patrick: so that we, we have a, uh, some level of success that they come back and meet.

[4:19:23] Voice 16: Yeah.

[4:19:25] Trustee Patrick: And, and it can't just be, you know, I think it's got to be demonstrated that it works.

[4:19:35] Trustee Grove: Anyway, if I may, I mean, let's agree on that.

[4:19:38] Trustee Grove: These recommendations actually just asked them to come back with their revised plan.

[4:19:44] Trustee Grove: So I'm happy to move in that regard.

[4:19:50] Voice 18: Okay.

[4:19:55] Trustee Luckham: So, trustees, what would you like to do?

[4:19:57] Trustee Luckham: There are some recommendations there.

[4:20:00] Trustee Luckham: If there's further information required, then we need to capture that.

[4:20:08] Trustee Patrick: Well, I guess my question is, do we, and I think, is the number six,

[4:20:15] Trustee Patrick: and is it is it they must be counted on the property and not on mcphillips road you know

[4:20:22] Trustee Patrick: i think that i think it'd be nice to know what the the bar is that they're being you know because

[4:20:27] Trustee Patrick: if they're expecting to count their spots on mcphillips road but we're expecting that they

[4:20:31] Trustee Patrick: be within the property boundary then we need to know that they can achieve what they're setting

[4:20:36] Trustee Patrick: out to do right

[4:20:38] Trustee Luckham: and um i think debbie indicated that uh the the actual restaurant owner um

[4:20:46] Trustee Luckham: bookbinder is not with us today and so debbie are you able to uh i think you said that you

[4:20:54] Trustee Luckham: weren't able to commit to whatever that number is

[4:20:57] Voice 23: well i can only speak to what was discussed

[4:21:01] Voice 23: and the recommendation that i was told was being brought forth for your consideration

[4:21:08] Voice 23: and that was and my understanding of that is as it is written four parking spots along

[4:21:16] Voice 23: pharmacy wall yeah

[4:21:19] Voice 16: oh

[4:21:20] Voice 23: it looks like your staff i'm sorry is it gordy would like to say something

[4:21:24] Voice 20: sure gordy

[4:21:25] Voice 20: sorry sorry uh just wanted to make the comment that uh i did i did uh and apologies for

[4:21:32] Voice 20: not having this information on hand i did just look quickly at the variance permit that was

[4:21:35] Voice 20: issued 2017.13 and it does reduce the number required from 15 down to six so if essentially

[4:21:45] Voice 20: if if the ltc accepts that that this is a feasible parking plan which perhaps they would like some

[4:21:51] Voice 20: further clarification that you can fit five along that wall it would satisfy the requirements of the

[4:21:55] Voice 20: variance permit that was issued in 2017.

[4:22:01] Trustee Luckham: okay so therein lies the dilemma because debbie has just

[4:22:05] Trustee Luckham: told us four parking spots along that wall and the thing says five that

[4:22:10] Voice 20: was the initial variance um

[4:22:13] Voice 20: was showed four across and then some other distributed throughout the the lot i mean

[4:22:17] Voice 20: the variance only ties them to the reduction in the parking stalls it doesn't tie them to

[4:22:22] Voice 20: any particular configuration and so it sounds like trustee grove would like some further

[4:22:28] Voice 20: clarification that you can in fact fit five on that wall would that be a fair assessment

[4:22:34] Voice 20: You

[4:22:35] Trustee Grove: know, I suggest we just move ahead. They have they have heard our concerns and our expectations.

[4:22:44] Trustee Grove: And so I would assume that when it comes back to us, it will do everything they can to meet the meet our requirements.

[4:22:54] Trustee Grove: I don't believe that they can actually fit six cars on that lot.

[4:23:00] Trustee Grove: So I'd be interested to see what what they do with it.

[4:23:07] Trustee Grove: I'm not a designer.

[4:23:10] Trustee Luckham: No.

[4:23:11] Trustee Luckham: Okay.

[4:23:12] Trustee Luckham: So then, trustees, it comes down to you've got some recommendations there.

[4:23:17] Trustee Luckham: What do you want to do with those?

[4:23:18] Trustee Grove: So I'll move that the Salt Spring Island Local Trust Committee requests that the applicant submit to the Local Trust Committee a pedestrian circulation plan consistent with official community plan policy E145 that clearly delineates a pedestrian walkway on the entire perimeter of the subject property.

[4:23:35] Trustee Grove: as per the resolutions of the Salt Spring Island Transportation Commission made at their May 31,

[4:23:40] Trustee Grove: 2021 meeting. The applicant shall consult with the Ministry of Transportation and Infrastructure

[4:23:45] Trustee Grove: if required in preparing the plan.

[4:23:49] Trustee Luckham: Okay, moved and seconded by Trustee Patrick.

[4:23:52] Trustee Luckham: Any further discussion? I'll call the vote. All those in favor? None opposed? That carries.

[4:24:03] Trustee Patrick: I'll make the second, then we can discuss it. Moved that the Salt Spring Island Local Trust

[4:24:08] Trustee Patrick: trust committee requests the applicant submit to the local trust committee a parking plan that

[4:24:12] Trustee Patrick: includes clearly delineating the parking that presently occurs adjacent to this subject property

[4:24:18] Trustee Patrick: and within the highway right away on mcphillips avenue as per the resolutions of this actually

[4:24:26] Trustee Patrick: i'm going to stop right there um no i'm concerned and i guess before i don't want to make this

[4:24:33] Trustee Patrick: resolution yet i mean have staff evaluated the recommendations of the transportation committee

[4:24:42] Trustee Patrick: because it sounds like they're satisfied in counting cars out on mcphillips avenue and that

[4:24:47] Trustee Patrick: we're going to be potentially making a fundamental change here of allowing them to count parking

[4:24:52] Trustee Patrick: spots on public road and um and i'm concerned about that yeah

[4:25:01] Voice 16: staff

[4:25:03] Voice 20: um yeah i think that the

[4:25:05] Voice 20: The intent here was to be consistent, and if I'm reading the resolution from the Transportation Commission,

[4:25:13] Voice 20: is that the intent to sort of reorganize the parking on McPhillips was not to achieve the parking requirements as in counting the spots,

[4:25:23] Voice 20: but to address the angle of the parking so that the pedestrian walkway could be clearly provided for.

[4:25:30] Voice 20: I think there was potentially some concern about conflict. So it's not so much about the number of the stalls as it is so much about the angle and the orientation of the parking to allow pedestrians.

[4:25:41] Voice 20: Because if you look, if you look at, and you might have to click back, but there is a photograph of that area in the previous staff report where the cars are essentially up against the fence there, which creates sort of a pinch point for pedestrians.

[4:25:54] Voice 20: and so I think the intent there is not so much number of stalls but just how they're configured

[4:25:59] Voice 20: and there is potentially some concern in that that is the ministry right-of-way and that the

[4:26:05] Voice 20: ministry may not be interested in having that discussion or making that those markings so I

[4:26:12] Voice 20: think there's it might be a discussion worth having but I don't know that it's going to be

[4:26:17] Voice 20: achievable from the applicant's perspective because they have to get ministry's permission

[4:26:22] Voice 20: for that right

[4:26:24] Trustee Luckham: okay so does that help

[4:26:31] Trustee Grove: trustee grove yeah we can only um work with what's uh

[4:26:37] Trustee Grove: within our uh within our limits so it's on the property so i think we don't talk about mcphillips

[4:26:43] Trustee Grove: that's actually irrelevant we want to see parking as per the the development variance permit if

[4:26:52] Trustee Grove: that's um that was the right one so in other words we're looking at six slots on on the property

[4:26:56] Trustee Grove: yep so

[4:27:03] Trustee Luckham: how does that position us for the second motion here so

[4:27:19] Trustee Grove: if I may so you'd submit to the

[4:27:22] Trustee Grove: local trust committee a parking plan to reflect to reflect is it the development variance permit

[4:27:29] Trustee Grove: in places or was it development permit I can't remember so

[4:27:35] Trustee Luckham: is what we want to say in this motion

[4:27:37] Trustee Luckham: here on the third line that clearly delineates six parking the six parking spaces that presently

[4:27:45] Trustee Luckham: occur adjacent to the subject property or no that's a complete mess that needs to be reworded

[4:27:51] Trustee Luckham: completely so

[4:27:56] Trustee Grove: basically the local trust committee we want a parking plan that reflects the current

[4:28:03] Trustee Grove: development variance yeah

[4:28:06] Voice 18: well

[4:28:08] Trustee Patrick: the number of spots i think it's they're gonna they're trying

[4:28:12] Trustee Patrick: to move them around i understand that and and i do understand how the adjacent parking plays a role

[4:28:18] Trustee Patrick: and what they're having to design so that we have safety of people on the property because it's a

[4:28:23] Trustee Patrick: bit of a a problematic situation there i'm i'm just concerned that we're not setting that we

[4:28:32] Trustee Patrick: we were, you know, I want to set this up for success.

[4:28:35] Trustee Patrick: And I'm just concerned that they go away, do a plan.

[4:28:39] Trustee Patrick: Then maybe, maybe it makes the transportation committee happy, but it,

[4:28:43] Trustee Patrick: it, it reduces the number of parking spots that were required.

[4:28:48] Trustee Patrick: I know it's a complicated property for this and I'm,

[4:28:51] Trustee Patrick: it's very difficult.

[4:28:56] Trustee Luckham: Well, that's true.

[4:28:57] Trustee Luckham: It's a gas station that's being redesigned into a restaurant and there in

[4:29:03] Trustee Luckham: Mr. Chair, I do remember the concerns about the pinch point on that street, and I would continue to be concerned about that if that wasn't clearly identified. So, the Region Planning Manager, Sir Mac.

[4:29:18] Voice 6: Thank you, Chair Duncan. I would just like to point out that the development variance permit was for six stalls, one of which is handicapped. If it's going to be reduced, they would need to amend the development variance permit.

[4:29:31] Voice 6: it. So I think the development permit plan has to lock into place the landscaping aspect of that.

[4:29:38] Voice 6: But if they want to change the number, we would have to alter the DVP. So I think my reason that

[4:29:45] Voice 6: I bring that up, I think any resolutions sort of requiring otherwise would be sort of redundant.

[4:29:51] Voice 6: The nature of the DVP locks it in place as it is.

[4:29:56] Trustee Luckham: So is what you're saying, we don't need to specify

[4:29:59] Trustee Luckham: If I that.

[4:30:00] Trustee Luckham: because that's locked in already i'm

[4:30:02] Voice 6: saying that it's already required that they need six parking

[4:30:04] Voice 6: spaces on the on the lot okay

[4:30:08] Trustee Patrick: yeah all right then i'll make the motion and as long as it's very clear

[4:30:13] Trustee Patrick: because it's uh like i don't come away from that and it could be because it's uh 29 degrees in my

[4:30:19] Trustee Patrick: office here and i'm starting to melt um so i'll move that the salt spring island local trust

[4:30:23] Trustee Patrick: committee request that the applicant submit to the local trust committee a parking plan that

[4:30:28] Trustee Patrick: That includes clearly delineating the parking

[4:30:30] Trustee Patrick: that presently occurs adjacent to the subject property

[4:30:33] Trustee Patrick: and within the highway right away on McPhillips Avenue

[4:30:37] Trustee Patrick: as per the resolution

[4:30:39] Trustee Patrick: of the Salt Spring Island Transportation Commission

[4:30:41] Trustee Patrick: made at their May 31st, 2021 meeting.

[4:30:47] Trustee Luckham: Moved.

[4:30:47] Trustee Luckham: And is that seconded by Trustee Grove?

[4:30:50] Trustee Luckham: No.

[4:30:51] Trustee Luckham: You have a question.

[4:30:53] Trustee Grove: Yeah, I do.

[4:30:54] Trustee Grove: For clarification, sorry.

[4:30:56] Trustee Grove: I thought we were going to cut all of that

[4:30:59] Trustee Grove: Brook Phillips business out of the motion and that the motion was merely to say that the

[4:31:07] Trustee Grove: submit to the local trust committee a parking plan that meets the current development variance permit

[4:31:16] Trustee Grove: allowance period.

[4:31:22] Trustee Luckham: No that's not what I heard from Stefan is that the development variance permit

[4:31:27] Trustee Luckham: from it already has that commitment.

[4:31:30] Trustee Luckham: This is to do with delineating parking,

[4:31:33] Trustee Luckham: which is not different than requiring parking anyway.

[4:31:38] Trustee Grove: Okay, but I would keep out of McPhillips.

[4:31:41] Trustee Grove: That's not our business, that's Moody

[4:31:42] Trustee Grove: and we have no jurisdiction over McPhillips.

[4:31:50] Trustee Luckham: Go ahead Trustee Patrick.

[4:31:52] Trustee Patrick: Well, I mean, while I agree,

[4:31:53] Trustee Patrick: what we have is a situation where McPhillips

[4:31:56] Trustee Patrick: was never addressed appropriately.

[4:31:59] Trustee Patrick: There aren't even paint lines.

[4:32:00] Trustee Patrick: It's just a free for all situation there.

[4:32:03] Trustee Patrick: So it is not safe in the current way it's there.

[4:32:09] Trustee Patrick: And I do understand that they need to take into account

[4:32:12] Trustee Patrick: that entire area and MOTI is going to have to be consulted

[4:32:17] Trustee Patrick: and involved to figure out how to get pedestrians,

[4:32:20] Trustee Patrick: cars and all of that along that stretch safely.

[4:32:23] Trustee Patrick: So it is even though the you know it's the above one dealt with pedestrians that the two are interlinked.

[4:32:30] Trustee Grove: Sorry if I may.

[4:32:32] Trustee Luckham: We're debating

[4:32:33] Trustee Luckham: a motion here at this point that hasn't been seconded.

[4:32:37] Trustee Luckham: So I would suggest we second the motion and then debate it.

[4:32:41] Trustee Luckham: And I'll second the motion just to get it going.

[4:32:46] Trustee Luckham: And so let's now discuss the motion. So go ahead Peter Grove.

[4:32:51] Trustee Luckham: um

[4:32:53] Trustee Grove: i think the recommendation number one actually meets uh trustee patrick's concern with which i

[4:33:01] Trustee Grove: agree i don't think we need to talk about rick phillips parking it should be part of the

[4:33:06] Trustee Grove: pedestrian um circulation plan how they deal with those cars but i mean having said that you know i

[4:33:14] Trustee Grove: can live with this i just um it just seems to complicate matters and involving the transportation

[4:33:21] Trustee Grove: Commission sorry the Moti no it's actually that's all right anyhow um I'll live with it and I don't

[4:33:28] Trustee Grove: want to drag it out any longer it's uh 40 degrees um in my office yeah

[4:33:33] Trustee Luckham: okay so I think that I think

[4:33:38] Trustee Luckham: it's reasonable to advance this motion um there is the safety issue there and delineating that

[4:33:43] Trustee Luckham: parking um is the message I think so is there any further discussion all those in favor

[4:33:50] Trustee Luckham: and that carries. Okay, super. What else do we have here? Is there a third one? Yeah.

[4:34:00] Trustee Luckham: So there's a third motion if somebody's inclined. I'll

[4:34:10] Trustee Grove: move that the Salisbury Local Trust Committee

[4:34:12] Trustee Grove: requests that the applicant review the proposal for SSDP 2020.15 to ensure that the proposed

[4:34:19] Trustee Grove: amendment is consistent with the official community plan E1620 to ensure areas of the

[4:34:25] Trustee Grove: property provide barrier-free access for those with mobility issues all

[4:34:31] Trustee Luckham: right moved seconded

[4:34:33] Trustee Luckham: by trustee patrick any discussion all those

[4:34:36] Trustee Patrick: in favor i was going to say i just fully it's uh

[4:34:39] Trustee Patrick: you know the whole town has issues but this property has been very you know it's got some

[4:34:45] Trustee Patrick: significant mobility issues right

[4:34:49] Trustee Luckham: so thank you moved seconded any discussion all those in favor

[4:34:54] Trustee Luckham: that carries okay um that then concludes uh this ssdp 20 20.15 brings us to 20 21.1 alr

[4:35:17] Trustee Luckham: on meadow drive do you want to have a break or you want to continue see how far we're going to

[4:35:25] Trustee Luckham: get here the option does exist to uh recess and reconvene on a different date if it's getting

[4:35:32] Trustee Luckham: unbearably hot for people to make effective decisions.

[4:35:36] Trustee Luckham: So I'm just gonna keep going unless you tell me to stop.

[4:35:43] Trustee Luckham: So we have this application before us

[4:35:47] Trustee Luckham: and Planner Gordon, are you also presenting that one to us?

[4:35:51] Voice 20: I am, Chair, yes.

[4:35:53] Trustee Luckham: Okay, so over to you, sir, thank you.

[4:35:56] Voice 20: Thank you, Chair.

[4:35:57] Voice 20: This is a non-adhering residential use application

[4:36:02] Voice 20: that was made to the ALR by the applicant

[4:36:06] Voice 20: and then consistent with the processing policies

[4:36:08] Voice 20: it's referred to a local government

[4:36:10] Voice 20: for our consideration first

[4:36:11] Voice 20: and decision about whether or not

[4:36:14] Voice 20: to advance the application.

[4:36:19] Voice 20: So the application is for expansion

[4:36:24] Voice 20: of an existing previously approved residential use

[4:36:27] Voice 20: that was approved through the same process

[4:36:28] Voice 20: a couple of years ago.

[4:36:31] Voice 20: So essentially what the applicant is looking to do

[4:36:33] Voice 20: is to increase the area of the non-adhering residential use that was previously approved

[4:36:40] Voice 20: by about 275 square feet for a total of, I believe, just over 600.

[4:36:49] Voice 20: There are a couple of things, I think, to consider, particularly with this application.

[4:36:58] Voice 20: One is that the applications like this typically are referred to the AAPC.

[4:37:04] Voice 20: for comment on supportive agricultural activities when this was approved uh previously was not

[4:37:12] Voice 20: referred to the apc sorry pardon me the double apc and instead was referred back to the alc with

[4:37:18] Voice 20: strong support um so perhaps uh the ltc might want to consider whether or not referral to the apc

[4:37:26] Voice 20: double apc is relevant this time around um given the strong support previously um staff have not

[4:37:34] Voice 20: recommended the AAPC referral at this time. The other consideration is that there's a covenant

[4:37:44] Voice 20: that was required by the ALC in approving the previous application for the initial residence.

[4:37:52] Voice 20: Despite being required by the ALC, that covenant is currently held with the local trust committee

[4:37:58] Voice 20: and some discussion with planning staff, the ALC has indicated that they might wish to hold

[4:38:03] Voice 20: that covenant. Exploring options on amending a covenant if the application is successful.

[4:38:09] Voice 20: It appears that just amending the terms of a covenant is much more straightforward than

[4:38:13] Voice 20: discharging and registering a new covenant. The LCC might want to consider whether or not they

[4:38:20] Voice 20: would like to recommend to the ALC continuing to hold that covenant just for ease of administration.

[4:38:28] Voice 20: I'm happy to take any questions on that, but the long and short of it is that staff do

[4:38:34] Voice 20: recommend approval of this just based on previous approvals and the fact that it's a minor extension

[4:38:40] Voice 20: and it does support, but not necessarily increase, the continued agricultural use of the property.

[4:38:49] Voice 20: And so in doing so, in indicating their approval to the ALC staff, I'd also recommend that

[4:38:58] Voice 20: indicate a desire to continue to hold the covenant and then enter into a cost recovery agreement with

[4:39:05] Voice 20: the applicant to cover any legal review of that. That was maybe a bit of information, but I'm happy

[4:39:11] Voice 20: to take any questions of clarification on that process there if the LTC have any. And I believe

[4:39:16] Voice 20: the applicant is online.

[4:39:20] Voice 19: That is Kristin, I believe. Yes, she has her hand up there.

[4:39:31] Voice 19: Okay,

[4:39:34] Trustee Luckham: thank you, Planner Gordon. So, I'll just ask if the applicant concurs with the

[4:39:40] Trustee Luckham: recommendations or has any other new information to help us in our decision.

[4:39:45] Voice 15: Chair, we're just waiting for her to join as a panelist.

[4:39:49] Trustee Luckham: I see that. Thank you. Hello, we can hear you.

[4:40:03] Voice 10: Oh, there we go. No, I definitely concur with what was said, I think,

[4:40:09] Voice 10: unless you have any questions for me.

[4:40:11] Voice 10: okay

[4:40:12] Trustee Luckham: well we might um but let's go to the trustees then now and trustee patrick or grove

[4:40:17] Trustee Luckham: do you have any questions for the applicant or the planner i'm seeing one no and

[4:40:24] Voice 4: one

[4:40:26] Trustee Luckham: question from trustee patrick or more maybe more than one

[4:40:31] Trustee Patrick: no she's getting tired um i

[4:40:36] Trustee Patrick: i mean because that this is just a just changing and and i understand it with that i went through

[4:40:45] Trustee Patrick: before i mean typically i'd say yes i'd like to see this go to the aapc i think they've been

[4:40:51] Trustee Patrick: getting involved but i i guess i'm willing to let it pass i think i

[4:40:58] Voice 10: thought it actually had

[4:40:59] Voice 10: gone to the apc but i'm not sure maybe it didn't i

[4:41:07] Trustee Grove: thought it had also uh

[4:41:10] Trustee Luckham: planner gordon can you

[4:41:11] Trustee Luckham: confirm one way or the other yeah

[4:41:13] Voice 20: it had been my understanding previously that um it had been

[4:41:16] Voice 20: approved by the LCC with a strong letter of support from former trustee grams at

[4:41:24] Voice 20: the time okay but it could be taken on that does

[4:41:33] Trustee Luckham: that give you some comfort

[4:41:34] Trustee Luckham: trustee Patrick um

[4:41:37] Trustee Patrick: I think well it's also the very the minor nature of it

[4:41:43] Trustee Patrick: that I'm okay okay

[4:41:47] Trustee Luckham: so there's a couple of number of recommendations there if

[4:41:51] Trustee Luckham: if you'd like to advance them.

[4:41:56] Trustee Grove: I move that the Salt Spring Island Local Trust Committee

[4:41:59] Trustee Grove: request staff to forward application SSALR 2021.1

[4:42:03] Trustee Grove: to the Agricultural Land Commission

[4:42:04] Trustee Grove: with support for the following reasons, colon.

[4:42:06] Trustee Grove: A, the residential use has previously been approved

[4:42:09] Trustee Grove: by the Salt Spring Island Local Trust Committee

[4:42:11] Trustee Grove: and the Agricultural Land Commission.

[4:42:13] Trustee Grove: B, the application is a minor expansion of living space.

[4:42:16] Trustee Grove: C, the application supports the continued agricultural use

[4:42:21] Trustee Grove: of the subject property.

[4:42:22] Trustee Grove: moved

[4:42:23] Trustee Luckham: seconded by trustee patrick any discussion all those in favor that carries unanimously thank

[4:42:32] Trustee Luckham: you and the next one i

[4:42:34] Trustee Patrick: move that the salt spring island local trust committee request staff to

[4:42:37] Trustee Patrick: indicate in the response to the agricultural land commission that the local trust committee would

[4:42:42] Trustee Patrick: be willing to continue to hold the existing covenant ca 6008958 and amend the existing

[4:42:49] Trustee Patrick: covenant to the agricultural land commission satisfaction if the current application is

[4:42:54] Trustee Patrick: is approved by the Agricultural Land Commission.

[4:42:59] Trustee Luckham: Moved and seconded.

[4:43:00] Trustee Luckham: Any discussion?

[4:43:03] Trustee Luckham: All those in favor?

[4:43:06] Trustee Luckham: That also carries, thank you.

[4:43:08] Trustee Luckham: And

[4:43:08] Trustee Grove: I move that the Salt Spring Island Local Trust Committee

[4:43:10] Trustee Grove: endorse staff entering into a cost recovery agreement

[4:43:13] Trustee Grove: with the applicant for file SSALR 2021.1,

[4:43:16] Trustee Grove: pursuant to the trust council policy

[4:43:18] Trustee Grove: and Salt Spring Island Local Trust Committee

[4:43:20] Trustee Grove: bylaw number 428,

[4:43:21] Trustee Grove: if required for the island's trust legal review

[4:43:23] Trustee Grove: and of all covenants related to the subject application.

[4:43:27] Trustee Grove: Okay,

[4:43:31] Trustee Luckham: thank you. Seconded by Trustee Patrick. Any further discussion? All those in favor? Any opposed? That carries. All right.

[4:43:39] Trustee Patrick: Mr. Chair, I was wondering, I mean, I'm out of respect, I think because our Agricultural Planning Commission is getting more involved and we have a good relationship.

[4:43:52] Trustee Patrick: I was wondering if we could make a motion to basically bring them aware of what we did with this application in a future scheduled meeting when we have something referred to them, just because I think it helps them to be consistent of what we did so that they're aware.

[4:44:14] Trustee Patrick: But I just thought just to keep them informed, I think it would be respectful.

[4:44:20] Trustee Luckham: so you're suggesting that this be sent to them as an information item yes

[4:44:24] Trustee Patrick: at a future scheduled

[4:44:26] Trustee Patrick: meeting we don't need to have a special scheduled meeting for information pieces

[4:44:30] Trustee Luckham: that is that does

[4:44:31] Trustee Luckham: that motion

[4:44:32] Trustee Patrick: sure i can try one on the flight is i hope that sounds okay to staff but i i moved

[4:44:36] Trustee Patrick: that the salt spring island local trust committee requests staff to forward uh this uh staff report

[4:44:43] Trustee Patrick: report and care and carried motions, I guess you could say, to a future scheduled AAPC meeting

[4:44:54] Trustee Patrick: for information. For

[4:44:55] Trustee Luckham: information. Yeah, perfect. Are you okay with that, Trustee Grove?

[4:44:59] Trustee Luckham: Do you want to second it? He

[4:45:02] Voice 18: disappeared. I

[4:45:03] Trustee Luckham: lost you. No, I don't know. Well, I'm going to second

[4:45:13] Trustee Luckham: on that and we'll give uh well we could recess for a few minutes if we wanted to see if he

[4:45:21] Trustee Luckham: magically reappeared uh

[4:45:23] Trustee Patrick: stephan sir max trying to get your attention yes

[4:45:26] Trustee Luckham: stephan i can't hear you

[4:45:33] Voice 6: classic the in the absence of peter grove uh our trustee grove i can repeat this i just want to

[4:45:38] Voice 6: remind the ltc that you have a meeting scheduled with the aapc on july 15th coming up quite quickly

[4:45:44] Voice 6: and this could be easily added to that agenda oh

[4:45:47] Trustee Luckham: well bless you thank you um okay so in the absence

[4:45:53] Trustee Luckham: of peter grove at this time i'm going to call the vote i don't think it's harmful i don't imagine

[4:46:03] Trustee Luckham: he would object but of course i don't speak for him does he come back there he is thank goodness

[4:46:09] Trustee Luckham: this. You saved us, Peter. We were about to make it. I've never been.

[4:46:15] Trustee Grove: Sorry, I just shut down. I

[4:46:17] Trustee Grove: didn't run away, honest.

[4:46:21] Trustee Luckham: Well, I had the same thing happen, so it's hot. Computers don't like

[4:46:25] Trustee Luckham: anything above 30 degrees.

[4:46:27] Trustee Grove: So where are we at?

[4:46:29] Trustee Luckham: So we've got a motion to advance SSALR 2021.1

[4:46:34] Trustee Luckham: to the AL, to the APC as an information item only, not a decision item. And I presume that

[4:46:47] Trustee Luckham: you would be in favor of that. I've already seconded the motion. And do you have any

[4:46:51] Trustee Luckham: objections?

[4:46:52] Trustee Grove: None at all. I must say, I don't want them to feel that they're second-class

[4:46:55] Trustee Grove: citizens in any way, because we value their input so much. So it worries me a little sending it to

[4:47:02] Trustee Grove: them as it were after the fact but on the other hand um i think

[4:47:07] Trustee Luckham: it's just the information because

[4:47:08] Trustee Luckham: i did see it before and stefan is recommended we can raise it at the alc meeting that we're having

[4:47:13] Trustee Luckham: on july 15th good okay that's fine patrick yeah no

[4:47:17] Trustee Patrick: i just you didn't get to hear it was more out

[4:47:19] Trustee Patrick: of respect so that they can see the decisions you know to be transparent and that you know that so

[4:47:24] Trustee Patrick: that that's the reason well

[4:47:27] Trustee Grove: they certainly have my respect so um that's that's fine okay

[4:47:31] Trustee Luckham: so then

[4:47:32] Trustee Luckham: I'll call the vote all those in favor and that carries I'm so glad you came back Peter um and

[4:47:37] Trustee Grove: I'm glad I came back too

[4:47:39] Trustee Luckham: yeah okay 17.5 are we gonna keep going here all right until somebody

[4:47:47] Voice 18: yeah

[4:47:47] Trustee Luckham: that might happen draft bylaw number 523 and 524 for consideration of first reading

[4:47:55] Trustee Luckham: a rezoning to permit commercial use and it looks to me like it's a planner maze is going to take

[4:48:02] Trustee Luckham: us on this journey and i'll ask if the applicant is uh with us today hunt and car i

[4:48:14] Planner Mayes: could see them

[4:48:14] Planner Mayes: in the participants list but maybe rob can confirm yeah

[4:48:19] Voice 15: i will promote when uh the presentation is

[4:48:23] Voice 15: concluded okay

[4:48:25] Trustee Luckham: go ahead christine excellent

[4:48:27] Planner Mayes: so hopefully you

[4:48:28] Planner Mayes: guys can see our uh that powerpoint

[4:48:31] Planner Mayes: in front of you great all right uh so the purpose of this uh staff report is to propose amendments

[4:48:37] Planner Mayes: amendments to the Saltsburg Island land use bylaw,

[4:48:39] Planner Mayes: as well as the Saltsburg Island official community plan

[4:48:42] Planner Mayes: number 434, and that's to make lawful a restaurant

[4:48:44] Planner Mayes: and two commercial guest accommodation units.

[4:48:47] Planner Mayes: And just a reminder, that is the location of the property

[4:48:50] Planner Mayes: that's being considered in this report.

[4:48:54] Planner Mayes: This report is following a preliminary staff report,

[4:48:57] Planner Mayes: which was presented to the LTC for their consideration

[4:48:59] Planner Mayes: at their February 16th, 2021 meeting,

[4:49:04] Planner Mayes: where staff were directed to draft amendments

[4:49:06] Planner Mayes: amendments to the land use bylaw, amendments to the official community plan, and report back

[4:49:11] Planner Mayes: regarding alternative definitions for restaurants. Since this application was last considered,

[4:49:16] Planner Mayes: the applicant has provided a parking and septic report. Let's see if this will work. There we go.

[4:49:24] Planner Mayes: All right, so this report explores various issues and opportunities, so that includes the parking

[4:49:29] Planner Mayes: and septic report, the proposed expansion to the bakery building, alternative definitions

[4:49:34] Planner Mayes: for a restaurant, implications of the rezoning, and the Ganges Village planning project.

[4:49:41] Planner Mayes: To summarize, the applicant has advised that the subject properties undergone works to provide

[4:49:45] Planner Mayes: the required volume of parking in accordance with the land use bylaw

[4:49:48] Planner Mayes: per the submitted parking plan, and that is shown there on the PowerPoint. Notwithstanding,

[4:49:56] Planner Mayes: parking along the Moti right-of-way continues to be a common occurrence. Land use bylaw does

[4:50:01] Planner Mayes: not require parking spaces for outdoor seating and as such in consideration of the septic report

[4:50:06] Planner Mayes: which designs a septic system for 38 seats the draft land use by law for consideration

[4:50:11] Planner Mayes: by the ltc stipulates a maximum number of indoor and outdoor seats in accordance with that report

[4:50:17] Planner Mayes: it should be noted that use of the modi right-of-way to supplement parking for

[4:50:22] Planner Mayes: commercial use may require a highway use permit or license of occupation

[4:50:26] Planner Mayes: patient. The LTC directed staff to draft a land use bylaw amendment to permit one restaurant not

[4:50:33] Planner Mayes: to exceed the size of the current restaurant. The applicant has advised they're seeking to expand

[4:50:37] Planner Mayes: the current building as part of this rezoning application which approximately measures 75

[4:50:42] Planner Mayes: square meters at the current at present moment to include additional storage space and an accessible

[4:50:47] Planner Mayes: washroom at the rear of the building. Staff have included that proposed addition measuring

[4:50:53] Planner Mayes: measuring approximately 30 square meters in the total calculation of floor area.

[4:50:58] Planner Mayes: It's about 110 square meters within that draft bylaw, land use bylaw amendment.

[4:51:04] Planner Mayes: The LTC has also directed staff to research alternative definitions for restaurants.

[4:51:10] Planner Mayes: Staff reviewed land use regulations within the island's trust area, British Columbia and Alberta, and the west coast of the United States.

[4:51:18] Planner Mayes: Staff note that creating a new definition to address the use occurring at the subject property may have unintended consequences, as adding definitions which are narrow in scope may require future by-law amendments if any component of the business were to change.

[4:51:31] Planner Mayes: As such, staff are recommending that the designation of the use remain a restaurant.

[4:51:37] Planner Mayes: As well, and in consideration of a broader discussion in the community for the Ganges

[4:51:42] Planner Mayes: Village Area Plan project, staff have declined to recommend an amendment to the land use

[4:51:48] Planner Mayes: designation of the subject property, only recommending inclusion of the subject property

[4:51:52] Planner Mayes: within development permit area 2.

[4:51:55] Planner Mayes: As such, staff are recommending the Salt Spring and Local Trust Committee consider first readings

[4:52:00] Planner Mayes: of these draft bylaws, as well as to draft a direct staff to refer them to agencies and

[4:52:06] Planner Mayes: First Nations.

[4:52:06] Planner Mayes: and this will include our advisory planning commissions and the recommendations are there

[4:52:11] Planner Mayes: and happy to answer any questions excellent

[4:52:15] Trustee Luckham: uh thank you planner maze um just ask that the

[4:52:18] Trustee Luckham: applicant be promoted i see megan carr i think it is yep and do you concur with the planner's

[4:52:26] Trustee Luckham: recommendations and have any additional information to help us with our decision today

[4:52:31] Trustee Luckham: hi

[4:52:32] Voice 2: thank you for being here in the hot weather with us um we don't have anything to add and we

[4:52:38] Voice 2: do concur okay

[4:52:41] Trustee Luckham: thank you very much then so trustees do you have any questions for staff

[4:52:45] Trustee Luckham: or the applicant here i see laura patrick i

[4:52:49] Trustee Patrick: was just asking for clarity on page 330 of the

[4:52:55] Trustee Patrick: application of the agenda package the staff recommend that neighbors be informed now is that

[4:53:04] Trustee Patrick: as at the pre at the at this at this stage or i wasn't quite sure as to when

[4:53:13] Trustee Patrick: neighbors would be made aware that's

[4:53:18] Planner Mayes: for public hearing so so when that notification will come

[4:53:23] Planner Mayes: out uh those letters that will will go out so this this particular consultation is is just for

[4:53:28] Planner Mayes: agencies organizations in the first nations okay

[4:53:31] Trustee Patrick: um i mean i i'm like i said before when we were

[4:53:35] Trustee Patrick: you know very cognizant to to the applicant that of their choice to go through the rezoning package

[4:53:41] Trustee Patrick: rather than a temporary use permit i really just encourage that you'd be reaching out to all

[4:53:46] Trustee Patrick: neighbors whether they're currently living there or not to you know bring them along on this

[4:53:51] Trustee Patrick: journey so that, um, um, I keep, I keep referring to wild ciders, uh, licensing process they went

[4:53:57] Trustee Patrick: through and, uh, and they, if you're friends with them, I would really encourage you to reach out

[4:54:03] Trustee Patrick: to them. The, the, the way that they worked with their neighbors and had them along on the journey

[4:54:09] Trustee Patrick: really, really, really helped. And I'm, I'm sure you're doing that, but I've just, I'm going to

[4:54:12] Trustee Patrick: keep distressing that because it's, um, um, you know, I know you don't want any surprises down

[4:54:19] Trustee Patrick: the road either um and and i guess my question would be more to staff if i mean i know that

[4:54:28] Trustee Patrick: the ganges village area plan is you know it's it's it's often time as we go through it but

[4:54:35] Trustee Patrick: um at the present time this property is outside the boundary i guess the how how would that

[4:54:43] Trustee Patrick: affect in the future if the boundary of ganges village were to you know incorporate this this

[4:54:50] Trustee Patrick: this property does that is that just dealt with at the time that happens or yeah

[4:54:55] Planner Mayes: so uh you know

[4:54:57] Planner Mayes: presently speaking uh you know the ocp policies and objectives that are relating to this particular

[4:55:05] Planner Mayes: property you know you can note that we identified four policies and objectives where the proposed

[4:55:12] Planner Mayes: was at variance with and so what will occur is is that should a future land use bylaw amendment

[4:55:20] Planner Mayes: meant to come in you know it'll have a different set of policies potentially that may be applicable

[4:55:24] Planner Mayes: to it okay

[4:55:29] Trustee Patrick: those are my questions at the moment

[4:55:30] Trustee Luckham: okay and peter grove i think you were saying you

[4:55:33] Trustee Luckham: had no questions so would one of you like to make a motion if you're inclined i'm

[4:55:40] Trustee Grove: happy to move that

[4:55:40] Trustee Grove: the salt spring and local trust committee bylaw number 523 cited the salt spring island official

[4:55:45] Trustee Grove: community plan bylaw number 434 2008 amendment number 1 2021 be read a first time moved and

[4:55:54] Trustee Luckham: seconded by trustee patrick any discussion all those in favor that carries the next one please

[4:56:03] Trustee Luckham: uh

[4:56:04] Trustee Patrick: i move that the salt span local trust committee bylaw number five two four cited

[4:56:08] Trustee Patrick: as salt spring island land use bylaw number three five five 1999 amendment number one

[4:56:13] Trustee Patrick: 2021 you read a first time i second it

[4:56:18] Trustee Luckham: seconded thank you any discussion all those in favor

[4:56:23] Trustee Luckham: and that carries also thank you next one i

[4:56:35] Trustee Grove: move that the salt spring island local trust committee

[4:56:37] Trustee Grove: request staff refer proposed bylaw numbers 523 and 5244 to agencies organizations and first

[4:56:44] Trustee Grove: nations as identified in this staff report dated june 15 2021 so

[4:56:51] Trustee Luckham: moved and seconded any discussion

[4:56:55] Trustee Luckham: all those in favor that two carries so that's the three motions i believe

[4:57:06] Trustee Luckham: that concludes this item. I do wonder if this is a 30-day referral period and then presumably

[4:57:13] Trustee Luckham: there's public hearing and do you need direction at this time to schedule that or you'll be coming

[4:57:19] Trustee Luckham: back to us after the 30 days?

[4:57:21] Planner Mayes: After the referral period is concluded we'll come back for a second

[4:57:25] Planner Mayes: reading and then uh further direction all

[4:57:28] Trustee Luckham: right thank you then um okay so anybody need a uh so

[4:57:35] Trustee Luckham: thank you megan for joining us today that uh gets your application advanced to the next level

[4:57:41] Trustee Luckham: um does anybody want to have a break otherwise we'll continue all right so salt spring development

[4:57:50] Trustee Luckham: development permit 2020.8 D&L McAlpine,

[4:57:53] Trustee Luckham: 1351 Mountain Road,

[4:57:57] Trustee Luckham: construction of shoreline stabilization work.

[4:58:01] Trustee Luckham: For some reason I've lost that page.

[4:58:05] Trustee Luckham: So, Flannery Mays, I believe this is yours also.

[4:58:12] Planner Mayes: Great, and I believe that's 348 of your agenda,

[4:58:17] Planner Mayes: page 348.

[4:58:18] Planner Mayes: All right,

[4:58:19] Planner Mayes: so the purpose of this application

[4:58:22] Planner Mayes: is for shoreline stabilization works

[4:58:24] Planner Mayes: in an area designated Development Permodary 3

[4:58:27] Planner Mayes: and that shoreline and Development Permodary 6,

[4:58:30] Planner Mayes: which is unstable slopes and soil erosion hazards.

[4:58:33] Planner Mayes: The subject property is located in southwest Salt Spring Island

[4:58:36] Planner Mayes: on the edge of Satellite Channel at the foot of Mount Tuam

[4:58:39] Planner Mayes: and at the terminus of Mountain Road.

[4:58:41] Planner Mayes: The 27.18 hectare lot is zoned rural and shoreline 6 along the foreshore,

[4:58:46] Planner Mayes: but also encompasses a section of foreshore,

[4:58:50] Planner Mayes: which is zoned shoreline 6 variant B. The property is accessible by water and by an

[4:58:55] Planner Mayes: undedicated highway and easement agreements with adjacent properties. The development permit and

[4:59:02] Planner Mayes: concurrent land authorizations license of occupation application is the subject is the

[4:59:07] Planner Mayes: result of observations during a site visit for an associated rezoning application which is

[4:59:12] Planner Mayes: potentially to be considered next. Pre-development of a building site removal of trees and vegetation

[4:59:18] Planner Mayes: alteration to existing drainage quarters as well as works within proximity to an unnamed water body

[4:59:23] Planner Mayes: which is located in development permit area 6 were observed as well as recent reconstruction

[4:59:27] Planner Mayes: of a shoreline stabilization works which is a riprap revertment along the foreshore of the

[4:59:33] Planner Mayes: property which was located in development permit area 3. A geotechnical report and revised

[4:59:38] Planner Mayes: geotechnical report were supplied in support of a development permit area 6 exemption as well as a

[4:59:43] Planner Mayes: restoration assessment which was required in accordance with the development approval

[4:59:46] Planner Mayes: approval information bylaw number 175.

[4:59:50] Planner Mayes: So this is the site plan that's associated

[4:59:52] Planner Mayes: with the subject property,

[4:59:54] Planner Mayes: which also forms part of the permit.

[4:59:56] Planner Mayes: The area identified in the blue shows

[5:00:00] Planner Mayes: that revertment with the recent reconstruction works occurring along the dock, just past the

[5:00:06] Planner Mayes: dock area between the dwelling site. These are some photos that are associated with that site

[5:00:14] Planner Mayes: visit from February 2020. And that's that seawall there, the original or the dwelling that's

[5:00:23] Planner Mayes: currently on the property as well as the boathouse and dock structure. That's the works up at the top

[5:00:31] Planner Mayes: within an proximity to an unnamed stream as well as blow and the bottom photo to the right shows

[5:00:39] Planner Mayes: the tree removal and development permit area beside the stream and boathouse that was referenced in

[5:00:44] Planner Mayes: one of the geotechnical reports. The report explores several issues and opportunities

[5:00:52] Planner Mayes: including the Development Permit Area 6 exemption, the Archaeological Site and Potential,

[5:00:57] Planner Mayes: the surf smelt and Pacific Sandlands habitat, as well as cross-jurisdiction.

[5:01:04] Planner Mayes: A restoration assessment that was prepared by a consulting professional and the recommendations

[5:01:08] Planner Mayes: within have been incorporated as conditions in the proposed retroactive permit and forms

[5:01:13] Planner Mayes: part of that development permit. The applicant provided two geotechnical reports in accordance

[5:01:18] Planner Mayes: with exemption E.6.1.3E, which exempts those works within development permit area 6 from the requirement to obtain a permit.

[5:01:27] Planner Mayes: Staff are recommending issuance of the development permit as the development meets the DPA-3 guidelines,

[5:01:32] Planner Mayes: and that recommendation is in front of you, and I'm happy to take any questions.

[5:01:37] Trustee Luckham: Very good. Thank you, Planner May. Is this the applicant with us today?

[5:01:42] Trustee Luckham: I

[5:01:48] Voice 15: promoted a Doug to the panelist. I hope that's the correct Doug.

[5:01:52] Voice 15: Doug?

[5:01:53] Trustee Luckham: So Doug, are you here to speak to us or potentially speak to us about 1351 Mountain Road?

[5:02:07] Voice 7: Hello, can you hear me?

[5:02:08] Trustee Luckham: We can, yes.

[5:02:10] Voice 7: Yes, I'm here.

[5:02:11] Trustee Luckham: Okay, and do you concur with the

[5:02:15] Trustee Luckham: recommendation or have any other additional information you'd like to provide us today

[5:02:18] Trustee Luckham: to help us with the decision?

[5:02:20] Voice 7: Not on this particular thing. I may have more to say on

[5:02:24] Voice 7: on the next stage of things, but I concur.

[5:02:27] Trustee Luckham: Okay, very good then.

[5:02:28] Trustee Luckham: So let's go to trustees and ask if you have any questions

[5:02:32] Trustee Luckham: of clarity of the planner or the applicant.

[5:02:36] Trustee Luckham: Trustees?

[5:02:42] Trustee Patrick: Was the archeological permit

[5:02:45] Trustee Patrick: or was there an archeological permit?

[5:02:49] Trustee Patrick: Was it received or work done before or after the disturbance?

[5:02:54] Trustee Patrick: are

[5:03:00] Voice 7: you going to answer that christine or would you like me to this

[5:03:04] Planner Mayes: is probably a better question

[5:03:06] Planner Mayes: for you doug

[5:03:06] Voice 7: okay um it was during the process once it became apparent that we needed to involve

[5:03:15] Voice 7: them in the process there was uh archaeological studies or sort of mapping done back in the early

[5:03:24] Voice 7: early 70s and they came to the conclusion that works that may have happened prior to that

[5:03:32] Voice 7: could have had some impact on some archaeological sites but as it turns out in the report

[5:03:40] Voice 7: the sites that were designated in the early 70s were very inaccurate as to where they actually are

[5:03:49] Voice 7: so the report now shows where they are has outlined how to stay away from them and work

[5:03:56] Voice 7: around them thank

[5:04:01] Trustee Luckham: you does that answer your question trustee patrick i

[5:04:05] Trustee Patrick: think so and then

[5:04:08] Trustee Patrick: tree cutting i'm just sorry i apologize i'm getting slow here in the heat um

[5:04:14] Trustee Patrick: um so the restoration there is some restoration that will be done is that my understanding there's

[5:04:23] Trustee Patrick: two areas that will be planted that's

[5:04:25] Planner Mayes: right so there's areas proposed for um the section

[5:04:28] Planner Mayes: along the unnamed stream and then there is a section along the riprap and that is also in

[5:04:35] Planner Mayes: support of providing some uh more or better habitat for the pacific sandlands which despite

[5:04:44] Planner Mayes: that revertment being installed on that property for for many decades still is a sand lance a

[5:04:53] Planner Mayes: pacific sand lance location and those are important in the the ecosystem of things in the Salish Sea

[5:05:00] Trustee Patrick: and I guess there's no I keep I think I ask this every time and I'm sorry because my I forget every

[5:05:07] Trustee Patrick: time but there's no assurances so the planting occurs but there's no assurances that you know

[5:05:14] Trustee Patrick: if it dies that it dies is that or how do we know that the planting is successful absolutely so

[5:05:23] Planner Mayes: there is a process in the office to check on these permits so in this case we do have the

[5:05:32] Planner Mayes: requirements for the planting and as well let's see 3.2.1 does reference the native vegetation

[5:05:44] Planner Mayes: trees to be retained and replanted and maintained to control erosion protect banks protect fish and

[5:05:50] Planner Mayes: wildlife habitat okay

[5:05:52] Trustee Patrick: then okay i'm

[5:05:58] Trustee Patrick: satisfied nope right

[5:06:00] Trustee Luckham: so uh would one of you like to make

[5:06:02] Trustee Luckham: a motion i

[5:06:06] Trustee Grove: move that the salt serenade local trust committee approve issuance of development

[5:06:09] Trustee Grove: permit ssdp 2020.8 so

[5:06:15] Trustee Luckham: moved and seconded by trustee patrick any discussion all those in favor

[5:06:22] Trustee Luckham: that carries all right so this then takes us to the next related item yeah at south spring

[5:06:32] Trustee Luckham: rezoning 2020.1 alpine at 1351 rezoning to make lawful an oversized boathouse and permit a second

[5:06:39] Trustee Luckham: dwelling so planner mays over to you and uh doug will um look for your comments when planner may

[5:06:46] Trustee Luckham: has finished her report thank

[5:06:48] Voice 7: you all

[5:06:50] Planner Mayes: right uh so this preliminary report introduces an

[5:06:54] Planner Mayes: application to rezone the subject property from rural to rural variant to make lawful

[5:06:58] Planner Mayes: an existing 60 square meter boathouse and permit one additional single family dwelling

[5:07:04] Planner Mayes: uh the application is sorry the applicant is seeking to make lawful boathouse that has

[5:07:09] Planner Mayes: existed on the property for nearly three decades as part of the rezoning application the applicant

[5:07:15] Planner Mayes: Kent has also requested a second single family dwelling to be

[5:07:19] Planner Mayes: sited on the subject property, which currently permits a single

[5:07:22] Planner Mayes: family dwelling in seasonal cottage. Some some key issues

[5:07:27] Planner Mayes: that this particular staff report looks at are amenity

[5:07:31] Planner Mayes: zoning, density, ecosystem protection, geotechnical

[5:07:35] Planner Mayes: instability, soil erosion hazard areas, water quality and

[5:07:39] Planner Mayes: quantity, evacuation of the evacuation station, as well as

[5:07:42] Planner Mayes: First Nations. Staff will note that one piece of correspondence in opposition to the application

[5:07:47] Planner Mayes: has been received as well as you heard as well during the town hall. So here are some photos

[5:07:55] Planner Mayes: of the subject property. That is the exterior and interior of the boathouse as well as its location

[5:08:00] Planner Mayes: and proximity to the sea. It is adjacent to a boat ramp which has a crown lease. That is the

[5:08:10] Planner Mayes: existing single family dwelling on the subject property as well

[5:08:12] Planner Mayes: as associated accessory buildings that are part of the

[5:08:17] Planner Mayes: homestead that's on the far side of the property. And then as

[5:08:22] Planner Mayes: well, there's some photos sort of for context, you know,

[5:08:25] Planner Mayes: there's a forest area that's in the center of the property, as

[5:08:29] Planner Mayes: well as a view of the subject property from the beach, which

[5:08:32] Planner Mayes: you can see down at the bottom. At the top, you'll see the

[5:08:37] Planner Mayes: proposed single family dwelling build site there is an existing septic field that's located beside

[5:08:44] Planner Mayes: the single family dwelling build site and as well you can sort of see that approximate area of the

[5:08:51] Planner Mayes: build site where the orange pylons are. So just to discuss some of those items that were referenced

[5:08:59] Planner Mayes: in the staff report this particular property you know just by nature of its size has some

[5:09:07] Planner Mayes: subdivision potential there are some opportunities for the ltc to consider amenity zoning for for

[5:09:15] Planner Mayes: this rezoning application staff have identified the following community amenities a c j and l

[5:09:22] Planner Mayes: which could be of interest one of those recommendations within the staff report is

[5:09:28] Planner Mayes: to direct staff to work with the applicant on an amenity zoning proposal in accordance with

[5:09:32] Planner Mayes: this particular section and those paragraphs. There's also an opportunity here for ecosystem

[5:09:38] Planner Mayes: protection. The Islands Trust Conservancy Regional Conservation Plan identifies the subject areas

[5:09:45] Planner Mayes: containing a high relative value for important natural areas. Subject property is also physically

[5:09:50] Planner Mayes: connected to a large network of protected areas, which includes coastal Douglas fir management

[5:09:54] Planner Mayes: areas, conservancy land and covenanted areas. Mapping also shows that the property contains

[5:10:01] Planner Mayes: Douglas fern dull Oregon grape ecological community which is on the BC provincial red list

[5:10:07] Planner Mayes: and that's an indicator of species or ecosystems that are at risk of being lost

[5:10:12] Planner Mayes: extricated endangered or threatened and it is also of course part of the rare endangered

[5:10:17] Planner Mayes: Douglas fern associated ecosystems for which the local trust committee currently has a project

[5:10:22] Planner Mayes: on on the books for this was noted previously subdivision potential the property is 27.18

[5:10:30] Planner Mayes: hectares in size minimum average lot size at time of subdivision sorry that's the average area of a

[5:10:37] Planner Mayes: lot of lot sizes is two hectares and so without considering areas that may be excluded from such

[5:10:43] Planner Mayes: calculations the subject property could potentially be subdivided into 13 separate lots

[5:10:48] Planner Mayes: as well first nations was a pretty significant consideration as noted in the staff report

[5:10:55] Planner Mayes: this particular staff report was referred to the islands trust senior government intergovernmental

[5:11:00] Planner Mayes: policy advisor or the SEPA who noted concern regarding the siting of the proposed future

[5:11:04] Planner Mayes: development in proximity to a map archaeological site as well as the difficulty in ensuring the

[5:11:10] Planner Mayes: preservation of cultural heritage due to the remoteness of the location.

[5:11:14] Planner Mayes: The SEPA advised the applicant should contact the BC Archaeological Branch to obtain a site

[5:11:19] Planner Mayes: alteration permit where required and staff also note that the LTC could address the protection

[5:11:25] Planner Mayes: of cultural heritage as part of an amenity zoning proposal.

[5:11:29] Planner Mayes: So there are a few recommendations in front of you.

[5:11:35] Planner Mayes: You know, the application as submitted is not consistent with OCP policies

[5:11:38] Planner Mayes: without consideration of a community amenity in exchange for that one

[5:11:43] Planner Mayes: additional density that is proposed.

[5:11:45] Planner Mayes: There's an opportunity for the LTC to utilize various regulatory tools to

[5:11:50] Planner Mayes: address the issues and opportunities described in the staff report.

[5:11:52] Planner Mayes: And staff recommend that the application proceed with direction to work with the applicant and relevant agencies to optimize the opportunity to protect the most applicable amenities, the protection of a high-value sensitive ecosystem, and the permanent formal protection of an archaeological site or other site of significance to First Nations peoples, while further managing future development in a low-impact manner.

[5:12:16] Planner Mayes: So those four recommendations are in front of you, and I'm happy to take any questions.

[5:12:23] Trustee Luckham: very good that's an awful lot for us to consider so thank you for that work

[5:12:28] Trustee Luckham: planner may so uh uh doug um mcalpine i guess it is um do you have been do you concur with

[5:12:37] Trustee Luckham: the recommendations or have any remarks that would help us with our decision making here

[5:12:43] Trustee Luckham: yeah

[5:12:43] Voice 7: yes i want to thank christine for all her work on this and yes i do have some comments

[5:12:49] Voice 7: I'm going to start with the the lady that called in during the town hall earlier Maxine I didn't

[5:12:57] Voice 7: catch her last name because I I was caught off guard the yeah

[5:13:01] Trustee Luckham: maybe just maybe just address the

[5:13:03] Trustee Luckham: issue and not the individual just yeah

[5:13:05] Voice 7: okay no problem at all um what's happened in in this

[5:13:11] Voice 7: application is I was asking to build a second dwelling on the 61 acres it's not 67 but that's

[5:13:20] Voice 7: neither here nor there the intent of the application was to be able to reside on the

[5:13:28] Voice 7: property and have my parents live on the property in their own dwelling now the the added density

[5:13:37] Voice 7: is a a byproduct of what i was asking for and totally unintentional we were asking to have

[5:13:46] Voice 7: two dwellings on a 61 acre property with no thought to future subdivision and increased

[5:13:53] Voice 7: density so at this time and and actually you know it's unfair to christine after all her work

[5:14:01] Voice 7: I would like to move this application forward only dealing with the oversized boathouse and withdraw the portion of the application that talks about a second dwelling.

[5:14:17] Voice 7: As time goes on and the health of my parents is failing, it's apparent that I'm going to have to be living in the same dwelling.

[5:14:24] Voice 7: The need for a second dwelling will be unnecessary, and I'll just leave that part of the zoning alone and just move forward with the oversized boathouse, if that's a possibility, or if it's a new application.

[5:14:41] Voice 7: well

[5:14:44] Trustee Luckham: certainly a substantial variation on the application but let's go to i think we need to

[5:14:50] Trustee Luckham: ask planner maize there given what we've just heard um is it possible for us to deal with that

[5:14:56] Trustee Luckham: in the context of the report before us or do you need to rewrite that uh

[5:15:03] Planner Mayes: nope we should just be

[5:15:04] Planner Mayes: able to amend number four just to do a makes lawful an existing square uh 60 square meter

[5:15:12] Planner Mayes: boathouse that could also include d in accordance with the archaeological overview assessment

[5:15:20] Planner Mayes: which denotes a setback for buildings and structures for 15 meters okay

[5:15:26] Trustee Luckham: so then we wouldn't

[5:15:28] Trustee Luckham: uh be advancing recommendations one two and three we would only be dealing with recommendation

[5:15:34] Trustee Luckham: number four that's

[5:15:36] Planner Mayes: right four and a and then d if the uh local trust committee wishes to

[5:15:42] Planner Mayes: go that route right

[5:15:43] Trustee Luckham: understood okay so thank you then um so uh maybe before i go to trustees now

[5:15:50] Trustee Luckham: um doug do you want to address specifically the uh boathouse uh request that you've got

[5:15:57] Trustee Luckham: as

[5:15:59] Voice 7: to why it needs to be bigger no

[5:16:02] Trustee Luckham: no just the recommendation and any other information that

[5:16:05] Trustee Luckham: that you might have for us?

[5:16:08] Voice 7: Well, I bought the property in 2017

[5:16:12] Voice 7: and I believe the existing boathouse

[5:16:15] Voice 7: was constructed around 1990.

[5:16:18] Voice 7: So the fact that it's oversized

[5:16:22] Voice 7: was a bit out of my control.

[5:16:24] Voice 7: And Christine and I are just trying

[5:16:27] Voice 7: to sort of make everything conform.

[5:16:31] Voice 7: The other thing is that if you have a 25 foot boat,

[5:16:34] Voice 7: You need a basically close to a 40 foot long boat host to put a trailer and boat in it

[5:16:41] Voice 7: So the 60 square meters is actually not very big

[5:16:48] Trustee Luckham: Okay, that's a good comment. So thank you, sir. So let's go to trustees then are you

[5:16:55] Trustee Luckham: Do you understand what we're doing here? Not advancing one two three looking at four only and do you have any questions or remarks?

[5:17:02] Trustee Luckham: Marks uh trustee Patrick um

[5:17:06] Trustee Patrick: well just because uh sorry Doug they got my curiosities up as a

[5:17:10] Trustee Patrick: preparing for this application I mean what it's a beautiful property that you have and

[5:17:17] Trustee Patrick: what is your future hope or desire with the property and the ecological archaeological

[5:17:25] Trustee Patrick: significance that it has well

[5:17:28] Voice 7: uh to begin with I've had some beginning discussions with parks

[5:17:33] Voice 7: as to them taking half of the 61 acres and incorporating it into a park whether it be

[5:17:41] Voice 7: through an eco gifting or a purchase has not yet been determined which of course would throw the

[5:17:48] Voice 7: density back down again but that's again we won't deal with that the property has been in my family

[5:17:55] Voice 7: since 1965 so we've owned it for 56 years we've been stewards of the property all that time

[5:18:03] Voice 7: never logged it never planned to subdivide it never do plan to so it's uh it's just something

[5:18:12] Voice 7: that that i i now own and hope that my son will own it in the future and and continue down that

[5:18:19] Voice 7: that path. We've had interaction with the Cowichan band over all the years with them hunting on the

[5:18:29] Voice 7: property, collecting shellfish and basically having no problems. And we'd like to just continue with

[5:18:38] Voice 7: doing what we're doing.

[5:18:39] Trustee Patrick: Oh, well, thank you so much for sharing that, Doug, and you're

[5:18:44] Trustee Patrick: highly respect that and I just want you to you know I know staff prepare these reports and they

[5:18:53] Trustee Patrick: do strict interpretations of what's written there but as the elected a lot of this on like

[5:18:58] Trustee Patrick: amenity zoning all this that's you use words like could and should and so forth so it gives us some

[5:19:03] Trustee Patrick: you know some leeway as the elected to be creative and I hope with your property of

[5:19:08] Trustee Patrick: of trying to preserve it as you have

[5:19:11] Trustee Patrick: and anything that we can do to help preserve that land

[5:19:17] Trustee Patrick: for the future is important.

[5:19:21] Trustee Patrick: So I'm open to being creative in finding solutions.

[5:19:27] Voice 7: Well, I appreciate that.

[5:19:30] Trustee Luckham: Okay, Peter Grove.

[5:19:35] Trustee Grove: Doug, so it was your family

[5:19:36] Trustee Grove: who built the oversized boathouse

[5:19:38] Trustee Grove: and I'm wondering how they got away with that.

[5:19:41] Voice 7: Well, I guess back in the late 80s, Google was not such a big feature. So I think in those days, I'm not aware whether the boathouse, I think Christine has researched it and it wasn't permitted.

[5:19:58] Voice 7: But when I speak to my father about it, he doesn't have any recollection of it not being permitted.

[5:20:06] Voice 7: And in his vague memory, thought that the builder had done all those processes for him.

[5:20:13] Voice 7: So it's a question I can't really answer because I was quite a bit younger and not really involved in what was going on over there at the time.

[5:20:26] Trustee Grove: Well, that's fair enough.

[5:20:27] Trustee Grove: So, I mean, I don't really have a problem with this. Having said that, it would be nice to receive some sort of amenity for it. And under recommendation number four, there's no direct amenity that I can see.

[5:20:45] Voice 7: What is it that you're proposing or what is it you'd like to see?

[5:20:50] Voice 7: I

[5:20:52] Trustee Grove: don't know, but it would be nice to have some kind of quid pro quo, I would have thought, so I would look to staff. Christine, what do you think?

[5:21:03] Planner Mayes: I'd say perhaps Stephan might have, or Regional Planning Manager Stephan Sturmach, if I should give him his proper title, he might have some insight as to that.

[5:21:15] Voice 6: sure thanks for that um so for for any amenity uh sort of bonus saying it's 75 of the value of

[5:21:25] Voice 6: the increase of the lift of the property and what i'm hearing is a small increase in the size of a

[5:21:31] Voice 6: boathouse and i think that the value would be negligible so much so that 75 might be challenging

[5:21:39] Voice 6: to do i'm not saying it's not possible to do but we'd have to get an assessment to figure that out

[5:21:44] Voice 6: but I'd also remind the LTCU just to prove it to DP where the applicant did do a lot of work

[5:21:49] Voice 6: proactively to try to write the property and stuff like that and has demonstrated being a good

[5:21:54] Voice 6: steward so that's just staff's opinion but going right to your question 75 percent of the lift of

[5:22:00] Voice 6: the value of the property cost from a bigger boathouse is well that that's the answer to

[5:22:04] Voice 6: your question

[5:22:05] Trustee Grove: it's not worth fussing about so I'm happy to leave it as is written for 4a and I don't

[5:22:13] Trustee Grove: actually know if we need 4D, but look to staff's advice.

[5:22:18] Planner Mayes: Sure. So that D was sort of taken out

[5:22:23] Planner Mayes: from the recommendations of the archaeological overview assessment. Unfortunately, a copy of

[5:22:28] Planner Mayes: that cannot be appended to these staff reports as they form part of an open meeting. And they

[5:22:35] Planner Mayes: contain sensitive archaeological information, which we wouldn't make available to the public.

[5:22:41] Planner Mayes: So one of those, and I'll take that out from the staff report.

[5:22:51] Planner Mayes: So the AOA contained multiple recommendations.

[5:22:55] Planner Mayes: So that was one, which was obtaining an archaeological impact assessment for any subsurface works in proximity to the existing cabin, as well as a permit under the Heritage Conservation Act.

[5:23:05] Planner Mayes: act two retaining a 15 meter buffer to the shoreline for uh for works for the proposed

[5:23:11] Planner Mayes: second dwelling to avoid impact to the revised location of derv4 and subs and three subsurface

[5:23:18] Planner Mayes: impacts the revised boundaries of derv4 must be avoided or a permit under heritage conservation

[5:23:24] Planner Mayes: act obtained

[5:23:25] Trustee Grove: um sorry but that was all relating to a building a new building we're just talking

[5:23:31] Trustee Grove: about an expansion of the boathouse. We need that.

[5:23:35] Planner Mayes: That's right. So I guess where this sort

[5:23:38] Planner Mayes: of heralds from is that currently for oceanfront properties there is a 15-meter setback to the

[5:23:46] Planner Mayes: natural boundary of the sea, but there's also an exemption that can be granted with obtaining a

[5:23:53] Planner Mayes: geotechnical assessment. So in this case here, such an amendment would negate that exemption

[5:24:00] Planner Mayes: assumption or reduction from 15 meters to 10 meters.

[5:24:04] Trustee Grove: And what is the setback at present?

[5:24:06] Planner Mayes: The setback at present would be 15 meters but could be reduced to 10 with a geotechnical

[5:24:11] Planner Mayes: assessment.

[5:24:12] Trustee Grove: What is the setback of the existing building at this point?

[5:24:16] Planner Mayes: This isn't for the

[5:24:17] Planner Mayes: boathouse. This would be for the property as a whole. So the current boathouse is allowed to

[5:24:21] Planner Mayes: be within the zero to 10 meter setback to the natural boundary of the sea or a boathouse. So

[5:24:26] Planner Mayes: So they aren't subject to citing requirements for setbacks to water bodies.

[5:24:32] Trustee Grove: Sorry, I'm losing it.

[5:24:34] Trustee Grove: Then why are we fussing about it?

[5:24:37] Planner Mayes: This is just pulled from the archaeological impact assessment.

[5:24:42] Planner Mayes: So this would be sort of addressing a potential recommendation or it does address a recommendation from documents that we've received, reports that we've received in respect to archaeological sites and potential.

[5:24:54] Planner Mayes: So, it would be up to the local trust committee whether or not they choose to go for D, but as the applicant has requested, they're going for A. So, just to make lawful the existing 60 square meter boathouse.

[5:25:09] Trustee Grove: So, you are thinking of adding D just to manage things in the future, but they can't build within the setback as it is today without going through the proper permitting?

[5:25:24] Planner Mayes: Yep, so they could build within the 10 to 15 meter setback for any future development.

[5:25:31] Planner Mayes: And so this would sort of provide some protection for that 10 to 15 meters, especially for any works near archaeological sites or potential.

[5:25:42] Trustee Grove: Okay, well, that sounds worthwhile.

[5:25:45] Trustee Grove: So I'd go for 4A and D. I'd be curious to know what my fellow trustees would think.

[5:25:50] Trustee Luckham: Trustee Patrick?

[5:25:55] Trustee Patrick: We're getting past the thinking stage of this heat now.

[5:25:59] Trustee Patrick: I mean, if staff are recommending D to be included, then that's fine with me.

[5:26:07] Trustee Luckham: And perhaps I'll just chime in.

[5:26:09] Trustee Luckham: It certainly seems like a proactive measure to indeed stand up to our commitment of wanting

[5:26:17] Trustee Luckham: to be sure that impacts to archaeological sites become fewer and fewer over time. And this seems

[5:26:25] Trustee Luckham: like a proactive measure. Five meters isn't a lot of additional room there. I would be interested

[5:26:33] Trustee Luckham: to know if the applicant has any objection to that. I have a good feeling about the applicant

[5:26:41] Trustee Luckham: and this piece of property with respect to the things that he said about the future of this

[5:26:45] Trustee Luckham: property um this kind of thing zoning and all the rest of it i always sort of tie that into estate

[5:26:52] Trustee Luckham: planning and what the future holds for the lot which may be a different owner and this would

[5:26:58] Trustee Luckham: provide a level of protection to the archaeological sites ostensibly that is i would think is worthwhile

[5:27:04] Trustee Luckham: considering so i just want to i do want to ask the applicant does he have any objections to

[5:27:09] Trustee Luckham: to that setback being increased to 15 meters?

[5:27:12] Trustee Luckham: I

[5:27:13] Voice 7: have no objection.

[5:27:15] Voice 7: Now, Christine was alluding to earlier,

[5:27:19] Voice 7: the D doesn't really necessarily have to accompany

[5:27:23] Voice 7: the rezoning proposal because that 15 meters

[5:27:28] Voice 7: is in the bylaw, it's in the archeological report,

[5:27:33] Voice 7: it's in the geotechnical report.

[5:27:35] Voice 7: there would be no way to apply or do any work on the property any closer than the 15 meters

[5:27:44] Voice 7: anyway but if if you guys feel good about having it in there i absolutely have no objection

[5:27:52] Trustee Luckham: well thank you very much so that's very kind of you so uh trustees i'm looking for you to

[5:27:59] Trustee Luckham: for a motion if you're ready so

[5:28:03] Trustee Grove: i'm happy to move that the salt spring island local trust committee

[5:28:05] Trustee Grove: Committee directs staff to draft a rural zone variant for lot five of sections 33 and 37

[5:28:11] Trustee Grove: South Salisbury Island Cowichan District Plan 1812 that a makes lawful an existing 60 square

[5:28:19] Trustee Grove: meter boathouse and b makes the setback for buildings and structures to the natural boundary

[5:28:25] Trustee Grove: of the sea 15 meters moved

[5:28:29] Trustee Luckham: and seconded by trustee Patrick thank you any further discussion

[5:28:32] Trustee Luckham: all those in favor and that carries all right so despite your fortitude to continue on i i'm

[5:28:45] Trustee Luckham: going to suggest we have a break and and maybe let's go for uh 10 or 15 minutes you tell me

[5:28:52] Trustee Luckham: how much you want but 10 minutes would be good give staff a break as well and maybe we can just

[5:28:57] Trustee Luckham: get this wrapped up today that would be terrific if we could is that okay with everybody and tell

[5:29:01] Trustee Luckham: me 10 or 15. 10 okay i heard 10 minutes 10 minutes thumbs up okay so let's reconvene at uh 3 31 okay

[5:29:14] Trustee Luckham: awesome work and thank you sir for attending today and good luck with your project

[5:39:21] Voice 18: okay are we ready

[5:39:23] Trustee Luckham: for the uh maybe the final push to the end here so welcome back um here we go with

[5:39:34] Trustee Luckham: salt spring development variance permit 2021.1 travel b at 377 langs road development variance

[5:39:43] Trustee Luckham: permit to make lawful siting and replacement of the deck and stairs and planner maze it looks

[5:39:49] Trustee Luckham: like you're on deck again thank you very much for all your work now i'll turn it over to you

[5:39:55] Trustee Luckham: and ask you if the applicant is also with us.

[5:39:59] Planner Mayes: I did see them earlier, but maybe that's a question for Rob.

[5:40:04] Voice 15: Yeah, they are with us,

[5:40:05] Voice 15: and I will promote them to panelists at the end of the presentation.

[5:40:09] Trustee Luckham: Thank you, Rob.

[5:40:10] Trustee Luckham: Oh, you know what?

[5:40:11] Trustee Luckham: Just before I move on, I just want to note Sarah Sugar

[5:40:15] Trustee Luckham: has been with us in the background there all the time.

[5:40:17] Trustee Luckham: Usually we interact,

[5:40:18] Trustee Luckham: so I'm hoping that you haven't passed out from the heat,

[5:40:22] Trustee Luckham: but just thinking of you out there.

[5:40:24] Trustee Luckham: Thanks, Chair. I'm here.

[5:40:26] Trustee Luckham: Okay, very good, Ben.

[5:40:28] Trustee Luckham: Over to you, Planner Mayes.

[5:40:31] Planner Mayes: Thank you, Chair Leckham.

[5:40:32] Planner Mayes: All right, so this development variance permit application

[5:40:35] Planner Mayes: is seeking to vary Seltzer Brown land use bylaw number 355

[5:40:38] Planner Mayes: to make lawful the siting of a single family.

[5:40:41] Planner Mayes: Oh, no, that's not the correct one.

[5:40:43] Planner Mayes: But anyway, so what it is, you're right,

[5:40:45] Planner Mayes: it is for the deck to the natural boundary of the sea.

[5:40:48] Planner Mayes: That's also where you start melting with the heat

[5:40:50] Planner Mayes: when you start putting together PowerPoints.

[5:40:54] Planner Mayes: So a note for the trustees,

[5:40:56] Planner Mayes: that is the location of the subject property.

[5:40:59] Planner Mayes: You can see it's up at the north side of St. Mary's Lake and there's an ortho photo as well.

[5:41:07] Planner Mayes: All right, so the subject property is located in North Salt Spring Island. It's 0.35 hectares and

[5:41:15] Planner Mayes: it's zoned Rural Watershed 1 and Shoreline 6 along the foreshore of St. Mary Lake. The applicant is

[5:41:21] Planner Mayes: seeking a variance to make lawful deciding the deck and stair structure reconstruction, which

[5:41:25] Planner Mayes: is 10.9 meters from the natural boundary of a water body, which is St. Mary Lake. The original

[5:41:30] Planner Mayes: original deck was removed and replaced by a previous contractor without a building permit

[5:41:34] Planner Mayes: and was not constructed to code. The structure was deemed unsafe and as such a stop work order was

[5:41:38] Planner Mayes: issued by the Capital Regional District Building Inspector. This DVP application is also a result

[5:41:44] Planner Mayes: of a separate bylaw enforcement file on the Island's Trust side which determined the total

[5:41:49] Planner Mayes: removal and subsequent reconstruction of the original undated deck and stair structure from

[5:41:54] Planner Mayes: the single family dwelling invalidated its potential non-conforming status. And in front

[5:42:01] Planner Mayes: of you is a site plan and also an extracted portion of the site plan showing the location

[5:42:05] Planner Mayes: of that deck and stairs. So this report explores the issues and opportunities of forfeiture of

[5:42:11] Planner Mayes: non-conforming status, development permit area 7 exemption, and environmental impacts of the

[5:42:16] Planner Mayes: reconstruction of the deck and stair structure. In front of you are some photos. That is the

[5:42:22] Planner Mayes: the dwelling and then the new deck and its proximity to the natural boundary of St. Mary's Lake.

[5:42:29] Planner Mayes: These are just some photos of the deck and then you'll note on the top right hand side

[5:42:35] Planner Mayes: there will be an area that is to be rebuilt to the original footprint.

[5:42:40] Planner Mayes: As well down below there's a historic photo of the deck structure which was supplied by

[5:42:45] Planner Mayes: the applicant that's prior to it being removed and reconstructed and you can see the reconstructed

[5:42:50] Planner Mayes: photo on the bottom right. Statutory notice of the proposed variance was mailed out on June 10,

[5:42:59] Planner Mayes: 2021. No correspondence was received in respect to the Development Variance Permit application.

[5:43:05] Planner Mayes: Staff are recommending issuance of the DVP as the request is not contrary to or at variance

[5:43:10] Planner Mayes: with the Salt Spring Island Official Community Plan policies and objectives and is relatively

[5:43:14] Planner Mayes: minor in nature. That recommendation is there in front of you and I'm happy to take any questions.

[5:43:19] Planner Mayes: Thank

[5:43:22] Trustee Luckham: you very much, Planner Mayes. Does the applicant wish to address the LTC with Spectre concurring and any additional information to help us?

[5:43:34] Voice 15: Just waiting for them to rejoin as a panelist.

[5:43:51] Voice 4: Can you hear us?

[5:43:53] Trustee Luckham: Yes, we can.

[5:43:54] Voice 4: Hi, we're just getting off the ferry. Thank you so much for taking the time to hear our request.

[5:44:02] Voice 4: request um i um and i cannot thank christine enough for all the work she's done for us uh

[5:44:09] Voice 4: you can see by the application that my husband brian and i are the um we're going to be doing

[5:44:16] Voice 4: the construction for the homeowner jess ball and um again um we're probably going to lose

[5:44:26] Voice 4: connection because we're just getting off the ferry but uh christine has done an amazing job

[5:44:32] Voice 4: and yeah, and we're following her lead on what is required.

[5:44:41] Trustee Luckham: Okay, so thank you very much.

[5:44:43] Trustee Luckham: And so we'll just see trustees,

[5:44:46] Trustee Luckham: do you have any questions for the applicant

[5:44:48] Trustee Luckham: in the event that they maybe get disconnected here?

[5:44:50] Trustee Luckham: Trustee Patrick.

[5:44:51] Trustee Patrick: I know this is about the deck,

[5:44:53] Trustee Patrick: but I'm looking at that dock going,

[5:44:55] Trustee Patrick: man, that looks like it needs a rehabilitation.

[5:44:58] Trustee Patrick: So I'm just wondering if that's a permitted dock

[5:45:01] Trustee Patrick: and if that was part of the next phase of plans

[5:45:04] Trustee Patrick: is to do some rehabilitation of that dock.

[5:45:07] Voice 4: We don't have any information regarding that.

[5:45:10] Voice 4: That would be a question for the homeowner.

[5:45:16] Trustee Luckham: Okay, so trustees, anything else?

[5:45:19] Trustee Patrick: I guess does Christine know if that dock

[5:45:22] Trustee Patrick: is a permitted dock?

[5:45:25] Planner Mayes: No, it wasn't considered as part of this application,

[5:45:28] Planner Mayes: but they would either require a permit

[5:45:31] Planner Mayes: or an exemption to reconstruct.

[5:45:37] Voice 4: um just for history i i we haven't driven off yet the homeowner inherited that uh dwelling

[5:45:44] Voice 4: um from her father-in-law and her father-in-law has passed away as has her husband so um that

[5:45:53] Voice 4: that's all the only history i know about that work okay

[5:46:02] Trustee Luckham: thank you very much i will know

[5:46:08] Trustee Luckham: we'll know what oh

[5:46:10] Planner Mayes: i said i was i was just going to note that it is shoreline 6 so it does permit

[5:46:14] Planner Mayes: a doc. Okay.

[5:46:17] Trustee Grove: I'm happy with this and I'm happy to make the recommendation unless people have got

[5:46:22] Trustee Grove: more to say before we do that. So I move the Salt Spring Island Local Trust Committee approve

[5:46:28] Trustee Grove: issuance of development variance permit SSTVP 2021.1.

[5:46:36] Trustee Luckham: Okay. Seconded by Trustee Patrick. Any

[5:46:38] Trustee Luckham: further discussion? I'll call for the vote then. All those in favor? So that carries unanimously.

[5:46:45] Trustee Luckham: Okay, so Laura, I guess it is there on the phone.

[5:46:50] Trustee Luckham: Looks like that's been carried, so you'll get your permit there.

[5:46:54] Trustee Luckham: So thank you very much.

[5:46:57] Trustee Luckham: And now I'm going to go to the second to last item here, I believe, which is Salt Spring

[5:47:10] Trustee Luckham: spring development permit 2021.1.8 Fisher at 1645 North Beach Road, a development variance

[5:47:22] Trustee Luckham: permit. So, Leonard Mays, you're still with us. And so, please present the report. And

[5:47:30] Trustee Luckham: Rob, is Fisher in the audience there?

[5:47:35] Voice 15: Yes, and I'll promote them at the end of the report.

[5:47:38] Voice 15: Thank

[5:47:39] Trustee Luckham: you, sir. Over to you, Planner Mayes.

[5:47:41] Planner Mayes: All right, thank you. So this Development Variance Permit application is seeking to

[5:47:46] Planner Mayes: vary the Salt Spring Island Land Use By-law number 355, and that's to make lawful the

[5:47:50] Planner Mayes: siting with single-family dwelling constructed within a rear lot line setback, as well as to

[5:47:54] Planner Mayes: make lawful the siting between two buildings. That's a single-family dwelling in an accessory

[5:47:58] Planner Mayes: building. Those two images, you'll see the zoning map as well as an ortho photo from 2017

[5:48:04] Planner Mayes: 17, showing those structures. And this would be the site plan for the subject property.

[5:48:12] Planner Mayes: So that subject property is located in North Salt Spring Island. It's 0.3 hectares in its

[5:48:18] Planner Mayes: own rule. And the applicant is seeking a variance to make lawful the siting of an existing single

[5:48:25] Planner Mayes: family dwelling within the rear lot line setback. The encroachment came to the attention of staff

[5:48:30] Planner Mayes: upon receipt of a surveyed site plan submitted as part of a separate building permit review

[5:48:34] Planner Mayes: submission for the replacement in addition to a deck. Upon review of that development variance

[5:48:41] Planner Mayes: permit application, a shed sited within three meters of the single-family dwelling was found

[5:48:46] Planner Mayes: to be in contravention of subsection 4.1.1. As such, this application was amended to include

[5:48:53] Planner Mayes: that variance request. So this report explores just one issue and opportunity, and that's the

[5:49:00] Planner Mayes: establishment of rear lot line setbacks in the rural zone. Here are some photos. You can see

[5:49:06] Planner Mayes: the property line marker with that shed, as well as the accessory building single family dwelling

[5:49:12] Planner Mayes: and its proximity to the house. Because those two eaves cross over, that setback between those two

[5:49:19] Planner Mayes: buildings is considered zero meters. Statutory notice of that proposed variance was mailed on

[5:49:28] Planner Mayes: June 10th 2021 and no correspondence was received in respect to the variance permit application.

[5:49:35] Planner Mayes: Staff are recommending issuance of the DBP as the requests are not contrary to or a variance with

[5:49:40] Planner Mayes: Salt Spring Island official community plan policies and objectives and are minor in nature

[5:49:44] Planner Mayes: and that recommendation is there and happy to answer any questions.

[5:49:48] Planner Mayes: Okay

[5:49:51] Trustee Luckham: thank you so I see Errol Fisher on the line there as soon as you're from oh there you go that

[5:49:57] Trustee Luckham: That was quick.

[5:49:58] Trustee Luckham: Do you have any, do you concur with the recommendation

[5:50:01] Trustee Luckham: and do you have any remarks to help us

[5:50:04] Trustee Luckham: with our decision today?

[5:50:05] Voice 5: We would just like to thank the Local Trust Committee

[5:50:08] Voice 5: for considering our application.

[5:50:10] Voice 5: And we'd like to thank Planner Mays for her diligent

[5:50:13] Voice 5: and very helpful assistance on this file.

[5:50:16] Voice 5: And we would just like to note that we would concur

[5:50:18] Voice 5: with the staff recommendation.

[5:50:20] Trustee Luckham: Okay, thank you, sir.

[5:50:22] Trustee Luckham: Trustees, any questions for the applicant or planning staff?

[5:50:26] Trustee Luckham: No, from trustee Grove.

[5:50:29] Trustee Grove: I have none and I'm happy to make the motion,

[5:50:32] Trustee Grove: but Laura, are you up for anything?

[5:50:35] Trustee Patrick: No, I think I'm running out of questions.

[5:50:39] Trustee Patrick: All right, thank you.

[5:50:40] Trustee Grove: Okay, I will move that the Salt Spring Island

[5:50:42] Trustee Grove: Local Trust Committee approve issuance

[5:50:44] Trustee Grove: of development variance permit, SSTDP 2021.8.

[5:50:48] Trustee Grove: So

[5:50:50] Trustee Luckham: moved and seconded by trustee Patrick.

[5:50:53] Trustee Luckham: And if there's no discussion, I'll call for the vote.

[5:50:57] Trustee Luckham: All those in favor?

[5:50:59] Trustee Luckham: and that carries unanimously excellent so thank you planner maize and thank you mr fisher for

[5:51:04] Trustee Luckham: joining us today so you've got your you know staff will advise you about your permit

[5:51:09] Trustee Luckham: we will continue on here so uh finally now at 17.10 is south spring alr 20 20.4 miller

[5:51:21] Trustee Luckham: 2101 full for ganges road non-farm use and subdivision in agriculture land reserve we

[5:51:27] Trustee Luckham: We have a staff report with us, going up to page 477.

[5:51:36] Trustee Luckham: And Planner Mayes, looks like you get the last word today.

[5:51:40] Trustee Luckham: Over to you.

[5:51:41] Planner Mayes: Thank you so much, Chair Leckham.

[5:51:44] Planner Mayes: So the purpose of the staff report,

[5:51:47] Planner Mayes: it's in reference to agricultural land reserve,

[5:51:49] Planner Mayes: non-farm use and subdivision application,

[5:51:52] Planner Mayes: which addresses the proposed creation of three lots.

[5:51:54] Planner Mayes: One is, which is proposed to be in the ALR.

[5:51:57] Planner Mayes: so it was a common property access road across the ailer thus requiring a subdivision application

[5:52:01] Planner Mayes: and non-farm use application for the proposed common property access road and placement to fill

[5:52:06] Planner Mayes: at the agricultural advisory planning commission meeting of may 13th 2021 the apc passed the

[5:52:14] Planner Mayes: following resolution which recommended that the salisbury and local trust committee not forward

[5:52:18] Planner Mayes: the application to the agricultural land commission for the following reasons and those reasons are

[5:52:23] Planner Mayes: are there in front of you.

[5:52:28] Voice 16: Okay.

[5:52:29] Planner Mayes: And, oops, sorry.

[5:52:31] Planner Mayes: Didn't mean for that long pause.

[5:52:33] Planner Mayes: So the report considers recommendations of the AAPC

[5:52:37] Planner Mayes: and reviews the island stress policy statement

[5:52:39] Planner Mayes: directive policies,

[5:52:40] Planner Mayes: as well as the official community plan policies

[5:52:42] Planner Mayes: and objectives the application is at variance with.

[5:52:45] Planner Mayes: And so those are in front of you for consideration.

[5:52:49] Planner Mayes: So that's 4.1.7,

[5:52:52] Planner Mayes: as well as the following policies and objectives.

[5:52:56] Planner Mayes: So in consideration of the APC's recommendations,

[5:52:58] Planner Mayes: as well as the proposals at variance

[5:53:00] Planner Mayes: or potentially at variance

[5:53:01] Planner Mayes: with several OCP policies and objectives

[5:53:04] Planner Mayes: and an island policy directive,

[5:53:06] Planner Mayes: Island Trust Policy Statement Directive Policy,

[5:53:09] Planner Mayes: staff are recommending that the LTC decline

[5:53:11] Planner Mayes: forwarding the application

[5:53:12] Planner Mayes: to the Agricultural Land Commission.

[5:53:14] Planner Mayes: And those recommendations are there for consideration

[5:53:18] Planner Mayes: and I'm happy to answer any questions.

[5:53:22] Trustee Luckham: Okay, very good.

[5:53:23] Trustee Luckham: Good. And is Dennis Miller the applicant here?

[5:53:28] Trustee Luckham: And so, Mr. Miller, do you want to address the Local Trust Committee today with respect to the recommendation?

[5:53:37] Trustee Luckham: You'll have to unmute yourself.

[5:53:59] Voice 18: Okay.

[5:53:59] Voice 22: Hello.

[5:54:02] Voice 17: Sorry about that.

[5:54:04] Voice 22: I want to thank you for allowing me to speak to this.

[5:54:06] Voice 22: I did write a letter to the Local Trust Committee in response to the Agricultural Advisory Committee's response, which unfortunately, I was unable to attend and I could not directly respond to them.

[5:54:24] Voice 22: So I directed my response to your committee.

[5:54:27] Voice 22: Um, I, I find the application, um, as in terms of the issues that were raised by the Agricultural

[5:54:39] Voice 22: Planning Commission, um, specifically, uh, strategy for maintaining and expanding the

[5:54:45] Voice 22: agriculture, uh, on this property, there's no impact either positive or negative of the

[5:54:53] Voice 22: proposed application. So to the extent that it's right, it's not expanding, but it is certainly

[5:54:59] Voice 22: maintaining the agricultural nature of the property. In fact, the roadway that is proposed

[5:55:08] Voice 22: to be used for the two newly created lots exists already. It exists in complement of the existing

[5:55:15] Voice 22: existing agricultural use of the property. It is of sufficient size and scope to service the

[5:55:22] Voice 22: two lots. It currently serves one of them, in fact, which is where the existing residence is.

[5:55:28] Voice 22: So it would actually just service one other, plus continue to serve all of the agricultural needs

[5:55:35] Voice 22: of the farm. So that while it is true, the subdivision would require removing a small

[5:55:43] Voice 22: portion of the property to provide the roadway, the use of the roadway would continue to be there

[5:55:49] Voice 22: for agricultural purposes in exactly the same manner as it has been for decades, without any

[5:55:55] Voice 22: expansion or further development of the roadway being necessary. The second issue that was raised

[5:56:05] Voice 22: by the committee was the width of the proposed roadway in the original plan. They were concerned

[5:56:10] Voice 22: that it could impact the agricultural potential of the property. And to this, I would concur,

[5:56:19] Voice 22: and I have proposed in my letter that we reduce the size, the width of that roadway from 20 to

[5:56:27] Voice 22: 10 meters. That would still provide more than adequate size of roadway to service what in

[5:56:33] Voice 22: in essence, would be the two strata lots and continue to serve the agricultural needs of

[5:56:40] Voice 22: the property. If these are issues that you wish me to readdress directly to the Agricultural

[5:56:46] Voice 22: Advisory Planning Commission, I would be glad to do so. But as I say, I was unfortunately unable

[5:56:52] Voice 22: to attend the meeting which they held and considered this application. My letter also

[5:56:58] Voice 22: deals with most if not all of the other issues that are covered by the Islands

[5:57:06] Voice 22: Trust policies and official community plan they're noted in Christine's report.

[5:57:15] Voice 22: I believe that the application maintains and in fact enhances the agricultural

[5:57:21] Voice 22: agricultural potential of the farm by pulling off non-agricultural lands and retaining the farm

[5:57:30] Voice 22: as it is, all of the ALC lands with the singular exception of the roadway, which would continue to

[5:57:39] Voice 22: serve the agricultural lands as it would the two newly created residential lots.

[5:57:49] Trustee Luckham: Okay, thank you, Mr. Miller. Now, I'm at a bit of a loss for a moment to recall a letter from you.

[5:57:56] Trustee Luckham: Did you include all of these concerns in that letter, what you've just advised us?

[5:58:02] Voice 22: I did, and it's attached to your agenda.

[5:58:06] Trustee Luckham: Oh, right. That's correct. Yeah, now I remember. Okay, very good, then. Thank you. So,

[5:58:11] Trustee Luckham: trustees, do you have questions for the applicant or staff? Trustee Grove?

[5:58:14] Trustee Luckham: I

[5:58:16] Trustee Grove: don't have questions, but I do have a comment and I like to have Mr. Miller came up with

[5:58:23] Trustee Grove: the solution I was anticipating reaching. I have a lot of time for the AAPC. They have a

[5:58:33] Trustee Grove: big job to do and they take it very seriously. And so it was unfortunate that Mr. Miller couldn't be

[5:58:40] Trustee Grove: be there in order when he made his application. So I would suggest with the additional information

[5:58:46] Trustee Grove: that he's got, that he seek a hearing with the AAPC again, and see if he can convince them that

[5:58:54] Trustee Grove: his plans are reasonable within the ALC requirements. So I'd suggest he goes back to the AAPC.

[5:59:06] Trustee Luckham: Trustee Patrick?

[5:59:07] Trustee Patrick: I think the term would be that we re-refer it to the AAPC with the additional

[5:59:12] Trustee Patrick: information is that uh that

[5:59:15] Trustee Luckham: would be what i would agree with yeah and

[5:59:19] Trustee Grove: i i would agree with that also

[5:59:20] Trustee Grove: and

[5:59:21] Trustee Luckham: so then we would re-refer it with the new information and ask staff to bring it back to

[5:59:28] Trustee Luckham: future meeting precisely does that sound correct uh planner mays yep

[5:59:34] Planner Mayes: you can certainly do that so

[5:59:35] Planner Mayes: that wasn't one of the um alternatives which were to either request a farm plan to address some of

[5:59:43] Planner Mayes: those concerns or request a reduced access road width. So if you're wishing to go back without

[5:59:49] Planner Mayes: doing either of those items, you would do so similar with the same resolution. Just to note,

[6:00:00] Planner Mayes: that you know it's not consistent with those policies and objectives and yeah I mean re-refer

[6:00:08] Planner Mayes: the staff report.

[6:00:11] Trustee Luckham: Yeah you know you raise an interesting point and I sort of want to be

[6:00:15] Trustee Luckham: administratively fair in that to the applicant as well as to everybody else involved but a farm plan

[6:00:22] Trustee Luckham: was indeed one of the other opportunities for us to explore and whether or not it wouldn't be

[6:00:30] Trustee Luckham: reasonable to request the applicant to provide that farm plan and then that could also go back

[6:00:35] Trustee Luckham: to the AAPC rather than us coming around full circle and having to ask the question again

[6:00:44] Trustee Luckham: and I just ask the planner I'm presuming that was the intent that if we were considering

[6:00:51] Trustee Luckham: something other than the recommendation that we should get more information

[6:00:56] Trustee Luckham: with respect to the farm itself.

[6:00:59] Trustee Luckham: So I'm

[6:01:00] Voice 17: going to ask

[6:01:00] Trustee Luckham: trustees what you think about that.

[6:01:02] Trustee Luckham: Thank you, Planner Mays.

[6:01:04] Trustee Luckham: And then simply ask the applicant

[6:01:06] Trustee Luckham: if he's prepared to prepare a farm plan

[6:01:09] Trustee Luckham: in order to support his request

[6:01:13] Trustee Luckham: with a more favorable decision at the AAPC.

[6:01:20] Trustee Luckham: Trustees, are you in concurrence with that

[6:01:25] Trustee Luckham: to some extent that

[6:01:28] Trustee Grove: makes good sense so they could go back to the AAPC with a

[6:01:32] Trustee Grove: farm plan and a reduced access road width in their pockets well that would

[6:01:39] Trustee Luckham: be a good thing to do yeah trustee Patrick um

[6:01:44] Trustee Patrick: I sure I guess that's a okay

[6:01:50] Trustee Luckham: so let's ask mr. Miller does that sound like at least a opportunity for the

[6:01:58] Trustee Luckham: the AAPC to hear your request here.

[6:02:04] Voice 22: Yes, it does.

[6:02:06] Voice 22: I just wonder, Trustee Patrick,

[6:02:09] Voice 22: did you have something further you wanted to say though,

[6:02:11] Voice 22: with respect to the moving forward of the applicant

[6:02:13] Voice 22: or the application?

[6:02:16] Trustee Patrick: No, it was more just the information

[6:02:18] Trustee Patrick: that needs to go to the AAPC was all I was trying to work

[6:02:23] Trustee Patrick: through my getting hot mind here.

[6:02:26] Trustee Patrick: Yeah.

[6:02:27] Trustee Luckham: So it strikes me that it's a farm plan and the material that Mr. Miller has already

[6:02:32] Trustee Luckham: submitted to us.

[6:02:34] Trustee Grove: And the road width issue, I guess.

[6:02:36] Trustee Luckham: Thank you. I missed that. Yeah, the road width issue. So if trustees were comfortable making a

[6:02:46] Trustee Luckham: motion on the sort of around what the alternatives are there, and maybe some advice from staff on

[6:02:55] Trustee Luckham: that

[6:02:57] Planner Mayes: sure so the the first one um in in the italics over here uh hopefully that that won't

[6:03:05] Planner Mayes: work the first one the italics is specific to a farm plan um in this case uh it can be completed

[6:03:11] Planner Mayes: by a professional agrologist um which identifies you know how that will meet the relevant islands

[6:03:19] Planner Mayes: trust policy statement uh directives as well as the policies and objectives so that's specific to

[6:03:25] Planner Mayes: the first recommendation of the AAPC the second being a reduced road with access further up in

[6:03:32] Planner Mayes: the staff report under the issues and opportunities we I sort of explored what that sort of means

[6:03:37] Planner Mayes: there was a recent subdivision that was approved by the approving officer that included a 16 meter

[6:03:44] Planner Mayes: width and that's up on Cranberry Road so you know the applicant has stated 10 meters

[6:03:51] Planner Mayes: 20 meters is a pretty standard uh dedication for road width uh in in British Columbia uh

[6:03:58] Planner Mayes: legislation um it looks like they've taken a reduced width to 16 meters um so I'm not quite

[6:04:05] Planner Mayes: sure what that value is that you'd like to address all

[6:04:11] Trustee Luckham: right and then of course um tagged

[6:04:16] Trustee Luckham: on the end would be that it would be referred to the AAPC.

[6:04:23] Trustee Luckham: Anybody, okay, Laura, you go ahead

[6:04:25] Trustee Luckham: cause I have a question as well.

[6:04:27] Trustee Luckham: Well,

[6:04:27] Trustee Patrick: I'm always cognizant of, you know,

[6:04:29] Trustee Patrick: asking an applicant to spend money if there's a potential,

[6:04:32] Trustee Patrick: you know, so if the issue is a narrower road,

[6:04:37] Trustee Patrick: cause that's been proposed,

[6:04:39] Trustee Patrick: does that satisfy the AAPC's concerns

[6:04:43] Trustee Patrick: or issues regarding the farm use?

[6:04:47] Trustee Patrick: Do they need the ag plan to inform that?

[6:04:51] Trustee Patrick: So I'm just being clear what our

[6:04:57] Trustee Patrick: question is to the AAPC.

[6:05:00] Trustee Luckham: Maybe I'll

[6:05:01] Trustee Luckham: go ahead, Peter.

[6:05:03] Trustee Grove: You go ahead.

[6:05:05] Trustee Luckham: Yeah, I just

[6:05:06] Trustee Grove: want to add

[6:05:06] Trustee Luckham: to Laura's remark there

[6:05:08] Trustee Luckham: because, Planner Mays, you used the phrase

[6:05:12] Trustee Luckham: that they can be completed by a professional agrologist,

[6:05:18] Trustee Luckham: which implies that it doesn't necessarily, for me anyway, doesn't necessarily imply that it needs to

[6:05:24] Trustee Luckham: be a professional agrologist that's hired. Certainly on other LTCs, and I'm not sure what

[6:05:31] Trustee Luckham: the guidelines would say on Salt Spring exactly, but on other LTCs, a farm plan created by the

[6:05:39] Trustee Luckham: farmer, by the applicant, has been adequate. And we've even submitted those farm plans to

[6:05:44] Trustee Luckham: to the Agricultural Land Commission in the past.

[6:05:48] Trustee Luckham: And they've been successful or not successful

[6:05:51] Trustee Luckham: based upon the caliber of the plan.

[6:05:56] Trustee Luckham: Certainly a professional plan would be better

[6:05:59] Trustee Luckham: than one by a homeowner,

[6:06:00] Trustee Luckham: but maybe a homeowner can also do that.

[6:06:03] Trustee Luckham: Would that be correct technically, Planner Mays?

[6:06:06] Planner Mayes: Yep, so you

[6:06:07] Trustee Luckham: can certainly remove

[6:06:08] Planner Mayes: that sentence

[6:06:10] Planner Mayes: that's highlighted there if the LTC so desires.

[6:06:13] Planner Mayes: Okay.

[6:06:14] Trustee Luckham: So trustee Patrick, over to you.

[6:06:17] Trustee Luckham: I

[6:06:17] Trustee Patrick: think we're back. Basically it's, you know, refer this, you know,

[6:06:22] Trustee Patrick: the staff report and the added information back and the applicant can,

[6:06:27] Trustee Patrick: you know, have that conversation.

[6:06:28] Trustee Patrick: The AAPC may come back with recommendations that they,

[6:06:32] Trustee Patrick: that they would recommend the full,

[6:06:33] Trustee Patrick: I don't know what they're going to recommend.

[6:06:35] Trustee Patrick: But I think to me,

[6:06:37] Trustee Patrick: the path is just get this added information to back to the,

[6:06:42] Trustee Patrick: and the staff report back sorry

[6:06:44] Trustee Grove: if i may for clarity what's the additional we've got the farm

[6:06:48] Trustee Grove: plan the reduced road matter what is the additional information on top of

[6:06:51] Trustee Patrick: that his letter which is

[6:06:53] Trustee Patrick: already appended to the um staff report so it's basically the staff report so

[6:07:00] Trustee Luckham: trustee patrick i

[6:07:02] Trustee Luckham: think if i'm not mistaken you're inclined to not ask the applicant to do the farm plan i'm just

[6:07:10] Trustee Patrick: just cognizant to expenses and perhaps the AAPC may want that. I just, I don't know

[6:07:19] Trustee Patrick: to help them.

[6:07:21] Trustee Luckham: Yeah. And I'm just trying to be administratively fair that we don't want them

[6:07:26] Trustee Luckham: to come back to us the next go round and go, we want you to do a farm plan.

[6:07:31] Trustee Grove: All right. If I may.

[6:07:32] Trustee Grove: I like the risk of the risk, the idea of a farm plan. It shows Mr. Miller's intentions. And if

[6:07:42] Trustee Grove: you can come up with a farm plan, that certainly would help me. So I'd like to re-refer this to

[6:07:49] Trustee Grove: the AAPC, if I may. So I would like to move that the LTC re-refer this file to the AAPC together

[6:07:57] Trustee Grove: together with Mr. Miller's letter setting out

[6:08:01] Trustee Grove: additional information, comma, a farm plan prepared

[6:08:06] Trustee Grove: by himself or somebody of his choice,

[6:08:11] Trustee Grove: and a plan to reduce the road width that has been proposed.

[6:08:18] Trustee Grove: Well,

[6:08:21] Trustee Luckham: that seems reasonable.

[6:08:22] Trustee Luckham: Planner Mayes, do you see any complication

[6:08:24] Trustee Luckham: with the wording of that motion?

[6:08:25] Trustee Luckham: yeah

[6:08:26] Planner Mayes: i just i would probably suggest removing anything after the farm plan about who can create

[6:08:32] Planner Mayes: it we can just say farm plan make it

[6:08:35] Planner Mayes: make it a bit more clear and then i

[6:08:37] Trustee Grove: agree i agree with that

[6:08:38] Planner Mayes: plan to reduce road width did you want to specify what that is or potentially

[6:08:47] Planner Mayes: request the applicant speak with modi maybe less more conversationally regarding what what limits

[6:08:54] Planner Mayes: they would have on that side because i suppose the challenge is if if the aapc suggests a 10

[6:09:01] Planner Mayes: meter road width but um that's not amenable to the approving officer we're we're going to have

[6:09:08] Planner Mayes: to come back and do this again potentially in the future good point so

[6:09:11] Trustee Grove: it would be a reduced

[6:09:12] Trustee Grove: road width acceptable to modi yeah

[6:09:17] Planner Mayes: we can just say reduce uh road width and then

[6:09:21] Planner Mayes: maybe conversationally with the applicant to to have a discussion with uh ministry of transportation

[6:09:27] Planner Mayes: yeah and and myself i'll also take a look at that thank you and i'm not sure this will

[6:09:33] Trustee Grove: be a test to

[6:09:34] Trustee Grove: see if sarah is still with us won't it

[6:09:37] Trustee Luckham: she is still with us um yeah well uh

[6:09:45] Planner Mayes: i can i can stop

[6:09:46] Planner Mayes: my sharing so she can share her screen yeah so let's give

[6:09:48] Trustee Luckham: you a moment sarah if you've got that

[6:09:50] Trustee Luckham: I actually have high confidence that you do, and then just make sure for clarity.

[6:09:58] Trustee Luckham: You

[6:09:59] Trustee Grove: always have high confidence.

[6:10:01] Trustee Grove: Would

[6:10:01] Voice 18: you like me to share my screen or would you like me

[6:10:04] Trustee Grove: to just read

[6:10:04] Voice 18: that out loud?

[6:10:11] Trustee Grove: While we're waiting for that, I would like to reflect the fact that

[6:10:14] Trustee Grove: Christine Mays has received at least a dozen compliments today.

[6:10:21] Trustee Luckham: Excellent. All right, so.

[6:10:26] Trustee Luckham: What's this one?

[6:10:27] Trustee Luckham: Oh, thank you very much.

[6:10:30] Trustee Luckham: So, Trustee Grove, is that what you had in mind?

[6:10:39] Trustee Grove: Sorry, what am I, highlight where you are.

[6:10:43] Trustee Grove: Sorry, highlight where you are, Sarah.

[6:10:45] Trustee Grove: There we are.

[6:10:46] Trustee Grove: Re-refer application with a farm plan and a plan to reduce.

[6:10:51] Trustee Grove: Yeah, I think so.

[6:10:52] Trustee Grove: Yeah, I thought it was going to be longer than that, but it's not.

[6:10:57] Trustee Grove: i

[6:11:00] Planner Mayes: guess okay one note is is i'm not sure whether or not you may wish to include

[6:11:05] Planner Mayes: the staff reports instead of mr miller's letter the staff report um that does have some information

[6:11:11] Planner Mayes: there about a potential for a 16 meter road width uh and will include mr miller's letter as well

[6:11:18] Trustee Luckham: okay that's uh good yeah lovely sarah perfect that's

[6:11:24] Trustee Grove: exactly what i meant to say

[6:11:26] Trustee Luckham: I knew that that's what you wanted.

[6:11:28] Trustee Patrick: Must have been corresponding together.

[6:11:30] Trustee Patrick: I have to nitpick.

[6:11:31] Trustee Patrick: Just take the D off of reduced.

[6:11:33] Trustee Patrick: Or is it a plan to reduced road width?

[6:11:36] Planner Mayes: There we go.

[6:11:37] Planner Mayes: Thank you.

[6:11:38] Planner Mayes: Reduce the road width perhaps too.

[6:11:41] Planner Mayes: Yeah.

[6:11:41] Trustee Luckham: Okay.

[6:11:42] Trustee Luckham: So, Peter, that is your motion?

[6:11:45] Trustee Grove: It certainly is.

[6:11:46] Trustee Grove: It certainly is.

[6:11:47] Trustee Luckham: And it's seconded by Trustee Patrick.

[6:11:49] Trustee Luckham: Excellent.

[6:11:50] Trustee Luckham: Any further discussion?

[6:11:52] Trustee Luckham: All those in favor?

[6:11:55] Trustee Luckham: Any opposed?

[6:11:56] Trustee Luckham: none opposed that carries so that concludes that application i believe unless there's any further

[6:12:02] Trustee Luckham: work so thank

[6:12:04] Voice 17: you very much

[6:12:04] Trustee Luckham: good luck with your application and um and we'll uh we'll see you

[6:12:09] Trustee Luckham: again thank

[6:12:10] Trustee Grove: you and make sure

[6:12:12] Trustee Grove: you make sure you attend the aapc meeting this time yeah

[6:12:17] Trustee Luckham: okay

[6:12:19] Trustee Luckham: everybody well done um you've really managed to get us through this so i'm not going to keep you

[6:12:24] Trustee Luckham: prisoner here any longer oh

[6:12:26] Voice 6: mr chair can i keep you prisoner for one more minute

[6:12:29] Trustee Luckham: okay go ahead

[6:12:31] Voice 6: thank you mr chair uh first on behalf of the salt spring team i'd like to thank the uh salt spring

[6:12:36] Voice 6: ltc and especially you chair luckham for your outspoken support in ensuring a bullying and

[6:12:41] Voice 6: harassment free workplace we we we hear you we appreciate it and thank you good uh two more

[6:12:48] Voice 6: things the next agenda preparation is going to be delayed by a day you guys are just simply too

[6:12:53] Voice 6: too busy for us to be able to keep up. The next agenda would be usually released Thursday, July

[6:12:59] Voice 6: 15th, but because you have two task force meetings and a special advisory planning commission

[6:13:04] Voice 6: meeting, we've run out of people to do the work in the office. So we're going to release it to you

[6:13:08] Voice 6: Friday, July 16th, and that means to the public on Monday, July 19th. So just advising you of

[6:13:15] Voice 6: that administrative change. And finally, at that next LTC meeting in July, I'm not going to be

[6:13:20] Voice 6: be here i should be in the birdwood group uh which is just beyond the broughtons doing a a 14 trek

[6:13:28] Voice 6: 14 day trek in my kayak with some friends so that's great and uh island planner louisa garbo

[6:13:34] Voice 6: is going to be acting rpm her first crack at it so i think it's time to give jason a break for

[6:13:38] Voice 6: acting in my step so thank you for letting me take that minute okay

[6:13:43] Trustee Luckham: well thank you very much

[6:13:44] Trustee Luckham: stefan and uh actually indeed just a heads up to the ltc i will be on the road for the meeting on

[6:13:50] Trustee Luckham: on the ALC meeting, but I will be attending.

[6:13:56] Trustee Luckham: And I'll make sure I have a connection for that.

[6:13:59] Trustee Luckham: It's in the late afternoon, early evening,

[6:14:01] Trustee Luckham: if I remember rightly, and we'll be there for you.

[6:14:05] Trustee Luckham: But just be aware, there may be some connection issues.

[6:14:09] Trustee Luckham: Anything else from anybody?

[6:14:11] Trustee Luckham: Otherwise I'll ask for adjournment.

[6:14:13] Trustee Luckham: Oh, our next meeting

[6:14:14] Trustee Luckham: is July 27th.

[6:14:16] Trustee Luckham: And so that's just notification.

[6:14:17] Trustee Luckham: and Trustee

[6:14:19] Trustee Luckham: Grover's move that we adjourn,

[6:14:20] Trustee Luckham: and Trustee Patrick, I'm sure that you want to second that.

[6:14:23] Trustee Luckham: And all those in favor?

[6:14:25] Trustee Luckham: That carries.

[6:14:27] Trustee Luckham: Thank you, everybody.

[6:14:28] Trustee Luckham: Thank you, Stefan.

[6:14:29] Trustee Luckham: Thanks for hanging in there.

[6:14:30] Trustee Luckham: And cool down, and we'll hopefully,

[6:14:33] Trustee Luckham: our next meeting will be a lot cooler.

[6:14:35] Trustee Luckham: I really appreciate you working through this whole agenda.

[6:14:38] Trustee Luckham: I wasn't sure we'd make it.

[6:14:40] Trustee Luckham: Anyway, thank you.

[6:14:41] Trustee Luckham: Have a good afternoon.

[6:14:42] Trustee Grove: Thank you, Chair Luckin.

[6:14:45] Trustee Grove: Bye-bye.

[6:14:45] Trustee Grove: And Laura.

[6:14:49] Trustee Luckham: we'll see you guys