North Pender Island Local Trust Committee community information meeting, September 1, 2022

[0:00:14] Voice 7: just joining us i'm just gonna let the meeting get

[0:00:16] Trustee Patrick (probable): up and running before we start looks like it's

[0:00:22] Trustee Patrick (probable): settling in all right trustees are you ready to go all right well good afternoon um i'd like to

[0:00:32] Trustee Patrick (probable): call this special meeting of the north pender local trust committee to order this meeting is

[0:00:37] Trustee Patrick (probable): being recorded and live streamed i always begin with acknowledging how fortunate we are to be

[0:00:42] Trustee Patrick (probable): be able to gather in the traditional territories of the Coast Salish people. Last night, I had the

[0:00:47] Trustee Patrick (probable): honor of hearing Dr. John Elliott from the Wasanich Leadership Council talk here on Salt Spring,

[0:00:54] Trustee Patrick (probable): kicking off an art exhibit that's here. But he shared creation stories, but he really ended with

[0:01:02] Trustee Patrick (probable): his heartfelt hope for the future, especially a hope for the future where both settlers and

[0:01:12] Trustee Patrick (probable): indigenous people work together to care for this special place and it was a very deep deep moment

[0:01:18] Trustee Patrick (probable): i'm laura patrick i'm elected here on salt spring and i'm chair of this local trust committee

[0:01:23] Trustee Patrick (probable): i'm joined today by trustee deb morrison and trustee ben mcconkey and together we make up

[0:01:28] Trustee Patrick (probable): your north pender island local trust committee this meeting is an official forum for your local

[0:01:33] Trustee Patrick (probable): trust committee to make decisions about land use planning matters and discuss relevant business

[0:01:37] Trustee Patrick (probable): business it's also a place of employment despite the fact that our some of our staff may be coming

[0:01:42] Trustee Patrick (probable): from their home homes they have a safe to a right to a safe and respectful workplace

[0:01:49] Trustee Patrick (probable): with that we have some staff that are joining us today we have Robin Elchuk administrative

[0:01:56] Trustee Patrick (probable): assistant and a minute minute taker who's going to help us make this minute meeting run smoothly

[0:02:01] Trustee Patrick (probable): thank you very much Robin we have Robert Kojima regional planning manager hello Robert

[0:02:06] Trustee Patrick (probable): and Kim Stockdell, our Island Planner.

[0:02:09] Trustee Patrick (probable): So trustees, we have an agenda before us.

[0:02:15] Trustee Patrick (probable): You have expressed an interest in having a town hall.

[0:02:18] Trustee Patrick (probable): Yes, Trustee McConkie.

[0:02:21] Trustee McConchie (probable): Yeah, I understand we're on a bit of a time crunch

[0:02:23] Trustee McConchie (probable): just to respect the staff's time up until 4.30,

[0:02:26] Trustee McConchie (probable): but I do want to give people the opportunity

[0:02:28] Trustee McConchie (probable): for folks to express their opinion

[0:02:31] Trustee McConchie (probable): on the agenda item today.

[0:02:34] Trustee McConchie (probable): So maybe if we can encourage folks,

[0:02:35] Trustee McConchie (probable): if they want to discuss the agenda item today which is um basically about scheduling the

[0:02:41] Trustee McConchie (probable): public hearing or anything any brief uh considerations the ltc should take into account

[0:02:46] Trustee McConchie (probable): in this meeting um okay i'm just wondering what uh trustee morrison and chair patrick if you think

[0:02:52] Trustee McConchie (probable): that's an okay idea yeah

[0:02:55] Voice 3: i'm i would like to hear from folks but again just like specifically what's

[0:03:00] Voice 3: the point we don't need a ton of rationale necessarily behind it if we've heard it before

[0:03:04] Voice 3: course. So just key points would be great. Thank you.

[0:03:08] Trustee Patrick (probable): And a number of people have provided written

[0:03:10] Trustee Patrick (probable): submissions. We've received them. We've read them. So you don't need to read your submissions,

[0:03:16] Trustee Patrick (probable): just any point that you wish to make. I am going to run a stopwatch here and try to encourage you

[0:03:24] Trustee Patrick (probable): to wrap up at two minutes. Oh, let me finish the agenda first. So were there any other changes that

[0:03:30] Trustee Patrick (probable): we needed to make to the agenda can we approve the agenda as amended through general consent

[0:03:35] Trustee Patrick (probable): excellent now we'll get back if we're going to do a town hall as a first item

[0:03:39] Trustee Patrick (probable): i'm going to run a a stop clock i know you will be respectful you'll speak about issues not people

[0:03:46] Trustee Patrick (probable): and you'll direct your comments to us trustees and i am really encouraging you to be brief yes

[0:03:53] Trustee Patrick (probable): Trustee McConkey? A quick note

[0:03:55] Trustee McConchie (probable): here. Is our Zoom working? I just want to double check because I've

[0:04:03] Trustee McConchie (probable): just got a couple messages that it might not be working. I'm not sure that we're up and running.

[0:04:08] Trustee McConchie (probable): Just want to confirm with staff that everything on their end is working.

[0:04:12] Voice 13: Let me check. I'll just

[0:04:14] Voice 13: check right now. I've

[0:04:18] Trustee Patrick (probable): got a couple

[0:04:18] Trustee McConchie (probable): messages from diehards that come to these meetings all the time.

[0:04:21] Trustee McConchie (probable): There should

[0:04:22] Trustee Patrick (probable): be two options. One says to watch, the other says to attend. You do need to choose the attend button so that you can be in the webinar portion of the meeting. I was just double checking to make sure that it truly does say that at the bottom.

[0:04:43] Trustee McConchie (probable): We've got attendees here.

[0:04:44] Trustee Patrick (probable): So some people are getting in. Yes, there is an attend button and a

[0:04:48] Voice 13: watch live stream.

[0:04:49] Voice 13: Yes, Ben.

[0:04:50] Voice 13: Yes, Ben. The livestream is working.

[0:04:55] Voice 13: Great.

[0:04:55] Voice 13: So the livestream is working as well as the recording, so.

[0:04:59] Trustee McConchie (probable): Great. Excellent.

[0:05:00] Trustee Patrick (probable): Okay. All

[0:05:02] Trustee Patrick (probable): right. So hopefully, just make sure you choose the attend button.

[0:05:05] Trustee Patrick (probable): Okay. With that, if you raise your hand, Robin will give you the opportunity to be able to speak.

[0:05:14] Trustee Patrick (probable): We have a Susan Bennett's

[0:05:17] Voice 7: hand up. Robin?

[0:05:22] Voice 7: Yes, please. Can you hear?

[0:05:23] Voice 7: Yes,

[0:05:24] Voice 4: we can, Susan.

[0:05:25] Voice 4: Oh, thank you.

[0:05:26] Voice 4: Yeah, I did submit to ask whether I could have a question relating to NP202285 of why the proposed reduction of units for McKinnon Road, why that was rescinded.

[0:05:41] Voice 4: And it looks like in what you say that even attending the public meeting wouldn't have any input because it can't be changed in terms of density after a public meeting.

[0:05:53] Voice 4: So that's why I'm urgently wanting to ask that and attend today.

[0:05:59] Trustee Patrick (probable): Okay. All right. So I take it you're encouraging, you are looking for a reduction in that area.

[0:06:05] Voice 4: Yes, that's what was proposed in the original plan, and I'm worried about environmental sustainability and water, not just a not in my backyard development issue.

[0:06:16] Voice 4: And I was curious to know, there must have been reasons why it was in the first proposed draft, and I don't understand why that was rescinded at the August 13th meeting.

[0:06:27] Voice 4: All right, thank you very much, Susan.

[0:06:30] Trustee Patrick (probable): Can I address that?

[0:06:32] Trustee McConchie (probable): Yes, you can.

[0:06:33] Trustee McConchie (probable): So thanks, Susan, for bringing that up.

[0:06:36] Trustee McConchie (probable): Just to kind of quickly, briefly update the process of that, the Local Trust Committee and staff have worked with the property owners to reduce the density there.

[0:06:46] Trustee McConchie (probable): Now, the property owners have also submitted to the trust a proposal for what their development would potentially look like.

[0:06:55] Trustee McConchie (probable): So this is a conversation that we need to continue to have.

[0:06:59] Trustee McConchie (probable): and certainly a major concern for this local trust committee has been concerns over water

[0:07:05] Trustee McConchie (probable): and the lack thereof in that particular region and this is being discussed

[0:07:10] Trustee McConchie (probable): at great length so

[0:07:11] Trustee McConchie (probable): I definitely think we should take your comments under consideration however this is the density

[0:07:17] Trustee McConchie (probable): that we have that is currently being proposed for the for the current bylaw structure

[0:07:21] Trustee McConchie (probable): structure is my understanding yeah

[0:07:24] Trustee Patrick (probable): and and Susan if we'll be discussing later today and deciding

[0:07:28] Trustee Patrick (probable): paths forward but eventually this bylaw will receive a public hearing where you'll be able

[0:07:33] Trustee Patrick (probable): to also go on record with um your thoughts okay so can I

[0:07:39] Voice 7: hold on one second

[0:07:39] Trustee Patrick (probable): wait a minute oh

[0:07:42] Trustee Patrick (probable): Susan let me let the uh trustee um sorry sorry um so yeah

[0:07:49] Voice 3: so my clarification that I heard Susan

[0:07:53] Voice 3: and asked for is, and I would like that clarified too. So if we get to the public hearing and

[0:07:58] Voice 3: there's a whole ton of people on McKinney Road that don't want that density, can we reduce that

[0:08:02] Voice 3: density is what I heard is the question.

[0:08:05] Trustee Patrick (probable): Not without going back to public hearing is my

[0:08:08] Trustee Patrick (probable): understanding. So if you make a change of that nature, it goes back to public hearing. I see

[0:08:13] Trustee Patrick (probable): Kim shaking her head. Yes.

[0:08:15] Voice 3: Okay. So, and if we pulled it out, if we pulled that component out,

[0:08:19] Voice 3: then it would just maintain at the higher density right you

[0:08:23] Voice 15: can't change user density after the

[0:08:25] Voice 15: close of a public hearing so even if

[0:08:28] Voice 15: you're pulling it out that's that would be a change

[0:08:31] Voice 15: at

[0:08:32] Voice 3: the close of a public hearing can you do it during the public hearing

[0:08:38] Voice 15: yep

[0:08:38] Voice 3: okay thank you but

[0:08:40] Voice 15: it's always we always advise that when you are presenting a bylaw when

[0:08:46] Voice 15: you're sending it out on notice for public hearing that that shouldn't change specifically with dense

[0:08:52] Voice 15: and density and use because that is the bylaw that most that the community members are reviewing and

[0:08:57] Voice 15: if you start making amendments to density and use at the public hearing there may be community

[0:09:03] Voice 15: members that are not in attendance at the public hearing and then would have made comments if they

[0:09:09] Voice 15: had known that you were proposing further amendments to use and density okay oh you're on

[0:09:16] Voice 15: mute i

[0:09:17] Voice 3: do think we should encourage everyone on mckinnon road involved in this to come out because

[0:09:21] Voice 3: i do think this is a bit of a complicated issue yeah

[0:09:28] Voice 7: robert did you have something

[0:09:30] Trustee Patrick (probable): you wanted to

[0:09:30] Trustee Patrick (probable): no he's gone off there okay all right thank you susan so next person next person

[0:09:36] Voice 7: is uh kathy

[0:09:37] Voice 7: oops where did Kathy go oh there

[0:09:46] Trustee Patrick (probable): she is Kathy was next in line there um Robin Kathy D there we go

[0:09:52] Trustee Patrick (probable): can you hear me yes

[0:09:54] Voice 14: oh good um yes I was just uh a little um concerned or I was talking I think with

[0:10:02] Voice 14: Trustee Morrison at the last meeting and it was with regard to basement usage as square footage

[0:10:09] Voice 14: height etc etc and you had mentioned that possibly you'd be looking at what South Pender has done

[0:10:17] Voice 14: now I did look at the South Pender one and I still have some concerns there because of the sort of

[0:10:23] Voice 14: five foot question so you know looking at that so is there going to be any more discussion about

[0:10:29] Voice 14: that or should I send in some more emails about that I was looking at a lot of different areas

[0:10:35] Voice 14: that, you know, have a ceiling height that constitutes their square footage, and it's not

[0:10:41] Voice 14: five feet. Now, five feet was understandably if you've got a sloped ceiling, so an area you might

[0:10:47] Voice 14: have a five foot part of your room, but you certainly can't sleep in a five foot ceiling

[0:10:53] Voice 14: area or any of that. So I did have concerns with what Southpender has proposed. So I thought there

[0:10:59] Voice 14: should be some more discussion around that. Anyway, that's about it.

[0:11:03] Trustee Patrick (probable): All right. Thank you,

[0:11:04] Trustee Patrick (probable): Kathy so you're go ahead um the

[0:11:08] Voice 3: so um I'm not sure if I remember the entire conversation around

[0:11:13] Voice 3: this was it are you talking about square footage like what's the counts under the total square

[0:11:18] Voice 3: footage um yeah

[0:11:20] Voice 3: that

[0:11:21] Voice 14: well if you have the 2500 square feet but you might have even a seven foot

[0:11:27] Voice 14: high um ceiling in your basement but you've got a slope because your concrete covers rocks so

[0:11:34] Voice 14: so you can't use it. So, and for instance, I have all of my sections separated by technically a wall

[0:11:42] Voice 14: that is two by fours with plywood as support beams and concrete, but it would be considered

[0:11:48] Voice 14: probably a wall under what Southpender has said, but you couldn't use any of that. So if there's

[0:11:54] Voice 14: 800 square feet, I mean, you're not getting 2,500 square feet of livable space. So

[0:12:00] Voice 3: let me just

[0:12:00] Voice 3: clarify then because I think there was some confusion so my my understanding is not to go

[0:12:05] Voice 3: for self-penders rules I don't remember saying that mine is to go by the CRD's rules of how

[0:12:11] Voice 3: they're calculating square feet so because the CRD has like livable height building requirements

[0:12:17] Voice 3: and that's what the default would be is my understanding given our current so if we set

[0:12:23] Voice 3: the livable square areas 2500 square feet CRD sets what is livable square area and that's what we

[0:12:30] Voice 3: we would go by but

[0:12:31] Trustee Patrick (probable): i think i think kat i think that's a good question is right now in the the

[0:12:36] Trustee Patrick (probable): floor area of this draft bylaw the unfinished basement space included and i guess that would

[0:12:45] Trustee Patrick (probable): be a question for staff

[0:12:46] Voice 3: yes an unfinished basement space is only included if it meets the crd livable

[0:12:53] Voice 3: requirements and everything that kathy just said doesn't meet the livable requirements

[0:12:56] Voice 3: requirements for, for, you can't have a sloped floor in a CRD livable space. You can't like,

[0:13:02] Voice 3: so, so there's a number of things that, that shift that off the 2,500 square feet rule.

[0:13:08] Voice 14: Okay. So in the CRD, what, what is the height? Cause I know with a building code is five feet

[0:13:15] Voice 14: or something like that. So is that the CRD?

[0:13:19] Trustee Patrick (probable): Let's let the, I was going to let the planner

[0:13:21] Trustee Patrick (probable): or Stockdale answer?

[0:13:22] Voice 15: Yeah, so in terms of when we're calculating floor area in the North Pender

[0:13:27] Voice 15: Land Use Bylaw, there's a definition of floor area at the very beginning of the LUB, and it

[0:13:34] Voice 15: states that it's the total area of all stories in a building measured to the inner surface of

[0:13:41] Voice 15: of the exterior walls, exclusive of any areas occupied

[0:13:45] Voice 15: by a cistern, but includes all areas of the building

[0:13:52] Voice 15: having a floor and ceiling of at least 1.5 meters apart

[0:13:57] Voice 15: that constitutes a story.

[0:14:01] Voice 15: So if it's fully, if it's greater than a 1.5, sorry,

[0:14:07] Voice 15: if it's greater than 1.5 meters in height

[0:14:10] Voice 15: and is fully enclosed then it would be considered part of the floor floor

[0:14:15] Voice 14: area calculation so i

[0:14:18] Voice 14: guess that's what i'm saying that would not be livable at five feet if i'm understanding that

[0:14:24] Voice 14: correctly yeah

[0:14:27] Voice 3: that's i have a question about that too then kim because 1.5 feet is not what

[0:14:33] Voice 3: but 1.5 meters,

[0:14:35] Voice 3: sorry, 1.5 meters, which is roughly five feet, is not what my understanding

[0:14:41] Voice 3: of the CRD livable areas. So how did we come up with that definition?

[0:14:46] Voice 15: The 1.5 meters has been a

[0:14:48] Voice 15: standard in the land use bylaws, from my understanding, for quite some time. It's

[0:14:53] Voice 15: always been five feet. I don't know of any other land use bylaws that have increased that. I'm not

[0:15:00] Voice 15: sure robert since you're here if you have any um more knowledge behind what the crd uh constitutes

[0:15:09] Voice 15: a story in the bc building code wouldn't

[0:15:13] Voice 12: be the crd making that decision they would be basing it

[0:15:15] Voice 12: on bc building code and that's for the purposes of establishing safety standards for building

[0:15:22] Voice 12: so the calculation of floor like kim said has been in the bylaw for a long time at 1.5 meters

[0:15:26] Voice 12: so it applies currently to uses like cottages and commercial guest accommodation when establishing

[0:15:33] Voice 12: what the maximum floor area for that is so the same definition is proposed to be applied to the

[0:15:38] Voice 12: floor area for um floor area for dwellings okay

[0:15:44] Voice 3: uh can we flag that for conversation please because

[0:15:47] Voice 3: that's a problematic issue for me that somehow we haven't caught till now so if we can just

[0:15:53] Voice 3: by it for discussion. Thank you. Thank you.

[0:15:56] Trustee Patrick (probable): Thank you, Kathy. Thanks. Okay, I see Peter

[0:16:00] Trustee Patrick (probable): Parry. Sorry, I apologize. Doctor. Doctor, yes.

[0:16:06] Trustee McConchie (probable): Professor Emeritus.

[0:16:10] Trustee Patrick (probable): All right,

[0:16:11] Voice 7: Peter, you can take yourself off mute. Oh, Peter, it should be on your lower,

[0:16:21] Voice 7: there we go. Hello? Yeah, so Professor

[0:16:27] Voice 10: Emeritus just means you're old, Ben, that's all.

[0:16:31] Voice 10: So I'd just like to say a few things about the siting and setback regulations.

[0:16:36] Voice 10: I applaud them.

[0:16:38] Voice 10: It's good that the idea of setting back buildings and septic fields from the natural boundaries, including the ocean and streams or wetlands, is a good one.

[0:16:51] Voice 10: I just puzzled why the 15-meter setback from the national boundary of the ocean

[0:16:58] Voice 10: doesn't also apply to wetlands and streams for buildings.

[0:17:02] Voice 10: So that's just one question.

[0:17:04] Voice 10: And then if I could ask another one,

[0:17:06] Voice 10: I note that there's a proposed setback of 60 and 30 meters of septic fields

[0:17:12] Voice 10: that are for agriculture, commercial, or industrial purposes

[0:17:18] Voice 10: from natural boundaries but it doesn't include residential septic fields and it that doesn't

[0:17:25] Voice 10: make sense to me i mean the health and environmental impacts of septic fields are irrespective of

[0:17:32] Voice 10: whether it's industrial or residential so i just wondered why that uh there's a difference there

[0:17:41] Voice 10: so those are my first two questions anyway thank you thank

[0:17:45] Trustee Patrick (probable): you very much peter uh

[0:17:48] Trustee Patrick (probable): who could answer that question so this is i'm

[0:17:54] Trustee McConchie (probable): wondering if staff has any quick response to that

[0:17:57] Voice 15: um i can't mention anything about the first one um it just wasn't an item that was brought up

[0:18:06] Voice 15: as being further regulated and that is pretty much a standard in our land use bylaws

[0:18:15] Voice 15: We also have further protection of streams that have been designated under the riparian area protection regulation that anything within 30 meters is flagged for a development permit.

[0:18:32] Voice 15: So, speaking of that, and the second item in terms of this regulation of having a setback of 60 meters in terms of agriculture, commercial, industrial.

[0:18:43] Voice 15: So they have, there's more rigorous setback requirements because they have more of an intense use.

[0:18:49] Voice 15: And there's a general setback of 30 meters from the natural boundary of the sea for residential septic disposal units.

[0:19:00] Voice 15: And that's based, Island Health regulates that.

[0:19:04] Voice 10: Okay, so that's not in the bylaws.

[0:19:06] Voice 10: It's just, but it's, that's what the regulation is for residential septic?

[0:19:11] Voice 10: That's right.

[0:19:13] Voice 10: Okay.

[0:19:15] Voice 10: Okay, so that answers that question.

[0:19:16] Voice 10: I mean, I don't know why the difference between the ocean and fresh water,

[0:19:21] Voice 10: but it's something to think about because the health implications would be the same.

[0:19:25] Voice 10: In fact, more so for fresh water sources because contamination for groundwaters.

[0:19:33] Voice 3: And I had one quick thing to add as a question to that, Kim.

[0:19:38] Voice 3: And maybe this isn't the time, maybe we should do it later.

[0:19:40] Voice 3: But I know that there has been a situation with fresh water

[0:19:44] Voice 3: where there was an outhouse put very like essentially almost adjacent um to something and

[0:19:50] Voice 3: when we went to talk about bylaw enforcement there were either our bylaws were silent about it or it

[0:19:55] Voice 3: was outside our robert you might remember it was outside our um ability to regulate it was under

[0:20:00] Voice 3: viha and so i'm just wondering about that too because it's not a septic system it's now house

[0:20:06] Voice 3: but it had a similar kind of impact yeah

[0:20:11] Voice 15: i can't speak further to that um our land use bylaw is

[0:20:14] Voice 15: still silent on outhouses so we'd be relying on reliant on island health to step in in those

[0:20:20] Voice 15: circumstances i

[0:20:24] Voice 10: could just have one brief supplementary a number of citizens have

[0:20:28] Voice 10: suggested that a fence within that boundary especially if you have a high bank would be

[0:20:34] Voice 10: reasonable and i would go along with that i mean speaking of public health falling from high

[0:20:40] Voice 10: High distances is not good.

[0:20:42] Voice 10: So I think that should be exempted.

[0:20:46] Voice 15: Yes, and the LTC at the last special meeting on August 30th, pardon me, August 13th, did add that exemption to the setbacks to natural boundary of the sea and natural boundary of lake, wetlands and streams that fences can be exempt from that setback.

[0:21:05] Voice 15: So they'd be permitted in terms of the LTC address, because they had also concerns with safety along those areas, along the sea that could have a high bank.

[0:21:22] Voice 10: Okay, thank you. I hadn't noticed that.

[0:21:24] Trustee Patrick (probable): Thank you very much. All right, I see Michael

[0:21:30] Voice 7: Sketch next.

[0:21:38] Voice 2: Can you hear me?

[0:21:39] Voice 2: Yes.

[0:21:40] Voice 2: I'd like to address once more, with a slightly different rationale, the setback from the natural boundary to a sewage percolation field.

[0:21:49] Voice 2: Yes, of course, it is regulated by VHA, but the average Pender Islander who may do a bit of work on his own sewage disposal field or would like to check whether it's compliant or not, or just have a thought about it, he'd read the land use bylaw, and the land use bylaw is utterly unnecessarily silent.

[0:22:07] Voice 2: It's an easy clause to put in, and the same setback from a well to a sewage disposal field

[0:22:14] Voice 2: should be applied from the natural boundary to a sewage disposal field, and that should

[0:22:19] Voice 2: be in the land use bylaw.

[0:22:20] Voice 2: There are lots of regulation that other jurisdictions deal with, but this is a very important one,

[0:22:26] Voice 2: and particularly so from the First Nations' interest.

[0:22:29] Voice 2: Thanks.

[0:22:30] Voice 7: Thank you very much.

[0:22:35] Voice 7: Okay, I see Rob.

[0:22:38] Voice 7: Botterill?

[0:22:38] Voice 7: Botterill, yes.

[0:22:43] Voice 7: jeez bob colson i don't

[0:22:46] Trustee McConchie (probable): know if bob had his hand up but rob did rob

[0:22:49] Trustee Patrick (probable): did yeah i think you got it

[0:22:50] Trustee Patrick (probable): was rob yeah that's what i thought rob there we go there you go rob if you take yourself off mute

[0:22:56] Trustee Patrick (probable): hello great

[0:22:58] Voice 9: can you hear me okay yes

[0:22:59] Trustee Patrick (probable): we can great

[0:23:00] Voice 9: thanks um uh i haven't been involved in this until

[0:23:05] Voice 9: today and uh my name is rob botterill and i'll be extraordinarily brief um i'm a lawyer that

[0:23:13] Voice 9: that represents First Nations.

[0:23:16] Voice 9: And a long, long time ago, I was an Islands trustee

[0:23:20] Voice 9: when Mike Humphreys and Carol Martin

[0:23:23] Voice 9: were chairs of the trust.

[0:23:26] Voice 9: I've circulated an email, which is self-explanatory.

[0:23:31] Voice 9: And the main point I'd like to make is

[0:23:37] Voice 9: as you consider how to proceed with these bylaws,

[0:23:43] Voice 9: It seems to me that it would be feasible to proceed to the point where you've voted on them, but not to a point where they're finally adopted or can't be amended until after the election.

[0:24:02] Voice 9: So the substance of my email submission was that if you have strong community support, that's great. Put it to the test at the election.

[0:24:17] Voice 9: election and um after the election uh you know the new the new trust committee can deal with

[0:24:26] Voice 9: the bylaw and the only concern i'd have is that you don't proceed to the point where the new

[0:24:32] Voice 9: trust committee does not have the ability to amend the bylaws based on um you know input

[0:24:41] Voice 9: and I just want to emphasize I don't I I'm not raising this to in any way question the huge

[0:24:48] Voice 9: amount of work that's been done and Ben's been really kind in bringing me up to speed on all

[0:24:53] Voice 9: that work but I just feel that the best approach here is to proceed as far as you can but not to

[0:25:00] Voice 9: the point where it's written in stone and that that final steps can happen after the election

[0:25:06] Voice 9: so thanks for hearing me out. Thank you.

[0:25:10] Voice 7: I see Joyce.

[0:25:18] Trustee McConchie (probable): Joyce was finally able to get in it seems

[0:25:20] Trustee McConchie (probable): some folks are not able to get into the meeting still I'm not quite sure really sorry about that

[0:25:25] Trustee McConchie (probable): folks who are trying to get in.

[0:25:27] Voice 7: Hi Joyce go ahead. Sorry can you hear

[0:25:32] Voice 16: me now? Yes we can. Okay it is

[0:25:36] Voice 16: difficult to get in if you go to the to the meeting website on the trust page and click attend you

[0:25:42] Voice 16: you can't get in. I finally got in by going to the email link in the notice that went out

[0:25:49] Voice 16: previously. So some people are having trouble getting in. Sorry, just quickly, I put some

[0:25:57] Voice 16: proposed suggestions for further amendments to the bylaw to clarify the agricultural use.

[0:26:03] Voice 16: It's important. There's inconsistencies now. And there's confusion about the distinction between

[0:26:10] Voice 16: between a farm for tax purposes

[0:26:12] Voice 16: and a farm for zoning purposes.

[0:26:14] Voice 16: So these need to be made clear

[0:26:17] Voice 16: and it's quite a simple matter to do so.

[0:26:21] Voice 16: So I'm hoping that you can manage to do that today.

[0:26:25] Voice 16: And if you've got any questions, I'd be happy to respond.

[0:26:30] Trustee Patrick (probable): Right, thank you, Joyce.

[0:26:32] Trustee Patrick (probable): So go ahead, Trustee McConkie.

[0:26:34] Trustee McConchie (probable): Yeah, just while I'm thinking of it,

[0:26:35] Trustee McConchie (probable): I'm wondering, can you guys put the Zoom link

[0:26:38] Trustee McConchie (probable): in the chat box, and then I'll just quickly load it onto Facebook for people, and then they can

[0:26:43] Trustee McConchie (probable): just click on it. Is that possible?

[0:26:45] Voice 13: Yeah, I'll do that right now.

[0:26:47] Trustee McConchie (probable): Thanks, and I'll do that while

[0:26:48] Trustee McConchie (probable): we're listening to deliberation, but I hear what Joyce is saying, and I'm wondering if staff have

[0:26:55] Trustee McConchie (probable): any comments on needing more clarification for that in the bylaw.

[0:27:01] Voice 15: I guess my question goes

[0:27:03] Voice 15: back to Joyce as the the term farm doesn't actually come up I believe in the in the land

[0:27:12] Voice 15: use bylaw unless it's referred to a farm operation so is there a specific section in the land the

[0:27:20] Voice 15: current land use bylaw with all those amendments that have been made on August 11th and August 13th

[0:27:25] Voice 15: that there you still have concerns with oh is Joyce still Robin

[0:27:33] Trustee Patrick (probable): no I think Robin you have to

[0:27:34] Trustee Patrick (probable): just let Joyce speak again. There we go. Sorry about that, Joyce. Hello, Joyce. If you take

[0:27:43] Trustee Patrick (probable): yourself off mute, we'll be able to talk to you.

[0:27:45] Voice 15: And also, was the concern around the height

[0:27:49] Voice 15: of these agricultural buildings or horticultural buildings?

[0:27:54] Voice 16: So, Kim, thank you for that question.

[0:27:56] Voice 16: No, the concern is not about height. That has been made clear. The concern is about

[0:28:01] Voice 16: agricultural operations on land in RR1 and RR2. Because farm operation is defined, but as you've

[0:28:10] Voice 16: noted, farm is not, it's been confusing to people, the difference between farm for tax purposes and

[0:28:21] Voice 16: farm for zoning purposes. So a farm operation is defined in the agricultural, but it doesn't say

[0:28:29] Voice 16: that it's on land that's zoned for principal agriculture and that's the confusion because it's

[0:28:36] Voice 16: you can have farm status in rr or rr1 lands but that doesn't mean that you're a farm for zoning

[0:28:44] Voice 16: purposes they're two different things and so that's why i've suggested those clarifications

[0:28:50] Voice 16: be made. So

[0:28:52] Voice 15: the RR1 and RR2 zone now as drafted do not permit agriculture as a primary principal

[0:28:59] Voice 15: use?

[0:29:00] Voice 16: They do not and

[0:29:02] Voice 15: they do not

[0:29:02] Voice 16: they do not and they do not in the current bylaw but there still

[0:29:07] Voice 16: seems to be confusion about what is a farm on RR land so that this including that definition just

[0:29:17] Voice 16: just makes it completely simple and clear it's it's not confusing anything it's just clarifying

[0:29:24] Voice 16: and so i would ask that you add that and and then the other um clarification that i related was

[0:29:31] Voice 16: relating to agriculture agritourism on our lands because again it relates to farm status being

[0:29:41] Voice 16: being allowed. If you have farm status, it's contradictory, and it just needs to be cleaned

[0:29:48] Voice 16: up. And I understand why it was there because agriculture was previously allowed on RR1 and

[0:29:55] Voice 16: RR land. So again, it's just a cleanup.

[0:30:00] Voice 16: Yeah. So, again, I understand that the height issue has been dealt with, but there's other

[0:30:07] Voice 16: issues with respect to farm operations as they're defined in the Agricultural ALR Act and in the

[0:30:15] Voice 16: Assessment Act. And we don't want those types of operations to be taking place on our land. So

[0:30:22] Voice 16: it's that simple. And it's a very clean and easy way of making it clear.

[0:30:28] Voice 16: there thank

[0:30:32] Trustee Patrick (probable): you very much joyce is

[0:30:34] Voice 7: there anyone else that have questions i see karen bell hi can

[0:30:44] Voice 7: you hear me yes

[0:30:45] Voice 1: hi karen hi good afternoon um at the august 31st meeting i had uh stood up and

[0:30:52] Voice 1: asked the trustees to consider regulation around external lighting uh on properties and um i see

[0:31:01] Voice 1: that my suggestion through a motion was not included in the amendments and that there was no

[0:31:08] Voice 1: appetite to basically adopt what we currently impose for home industry and home businesses

[0:31:16] Voice 1: regulation around lighting to other rural residential situations. I do note that

[0:31:26] Voice 1: that certainly we regulate around noise

[0:31:31] Voice 1: and we regulate around health and safety,

[0:31:34] Voice 1: but nothing around lighting.

[0:31:37] Voice 1: And it's proven to be an issue

[0:31:38] Voice 1: in our area of North Pender.

[0:31:44] Voice 1: And so I encourage the trustees and planners

[0:31:48] Voice 1: to consider some kind of regulation.

[0:31:52] Voice 1: Trustee McConkie indicated some concern

[0:31:55] Voice 1: about how would that be regulated well we do have some provisions already and it really is about

[0:32:02] Voice 1: avoiding disturbing and annoying and invasive projected lighting as opposed to helpful

[0:32:10] Voice 1: safety downward projected lighting so that was the issue i was raising so i do reiterate

[0:32:18] Voice 1: reiterate the request that we do look at some kind of lighting regulation.

[0:32:24] Voice 1: And I'm not going to argue about it further because you've heard me and I've presented

[0:32:29] Voice 1: the arguments. But I did want to ask that in the event that you don't have the interest of

[0:32:36] Voice 1: incorporating something, I have a question about how does one then proceed to adopt a site-specific

[0:32:44] Voice 1: regulation. I've reviewed the most current draft of 20 of By-law 224 and note there's all sorts of

[0:32:53] Voice 1: site-specific regulations imposed on properties and just want to understand that if there's an

[0:33:01] Voice 1: interest in site-specific regulation, how does that move forward? Is that something that can

[0:33:06] Voice 1: be dealt with outside of this large process? Is that something that is applied for time to time?

[0:33:15] Voice 1: because that may be as i said if you're not interested in regulating it generally the way

[0:33:20] Voice 1: to regulate it more specifically no

[0:33:23] Trustee Patrick (probable): thank you karen and i was go ahead trustee morrison

[0:33:25] Trustee Patrick (probable): i

[0:33:26] Voice 3: think that um so the the conversation um didn't say that we don't support it just that inside this

[0:33:34] Voice 3: at this point in the process it's hard to get that regulation in in a timely way so that and

[0:33:41] Voice 3: my understanding is that it did get put on to the list of things that should go into the next

[0:33:46] Voice 3: round of edits or that it could be as like on the project list we could add it to the project list

[0:33:51] Voice 3: for people to consider um so it wasn't that it wasn't important it was that it's it's late

[0:33:58] Voice 3: in the game to add it into this round of bylaws fair

[0:34:02] Voice 1: enough yeah well and

[0:34:04] Trustee Patrick (probable): thank you for raising

[0:34:04] Trustee Patrick (probable): say it karen thank

[0:34:06] Trustee McConchie (probable): you uh the night's night sky is important to our uh you know our ecosystem

[0:34:12] Voice 1: well exactly ben uh not just uh people but um ecosystem for sure and

[0:34:19] Trustee McConchie (probable): and definitely uh you know

[0:34:20] Trustee McConchie (probable): i definitely think the community would have uh i mean we need to ask the community about this is a

[0:34:25] Trustee McConchie (probable): great initiative karen and uh uh i certainly think that it's something that needs to be pursued

[0:34:30] Trustee McConchie (probable): further thank you all

[0:34:33] Voice 7: right i say kathy krung hi um

[0:34:42] Voice 5: hi kathy hi i just want to get some clarity um

[0:34:45] Voice 5: there was a statement about mckinnon road how there's no point voicing your concern at this

[0:34:51] Voice 5: point or not so i can or or is this just a place to ask questions no

[0:34:59] Trustee Patrick (probable): you can absolutely uh ask

[0:35:01] Trustee Patrick (probable): questions or you're concerned but this uh you know whatever decisions we make today you know

[0:35:06] Trustee Patrick (probable): public hearing isn't is still yet to come right our point okay

[0:35:11] Voice 5: so um i just wanted to to let you

[0:35:14] Voice 5: know that um i was involved with the the family that opened the salmonberry in on south pender

[0:35:21] Voice 5: and uh after they opened that property they you know they put signs up on their in their bathrooms

[0:35:28] Voice 5: rooms you know don't put weird things down the toilets like tampons or condoms or um please be

[0:35:34] Voice 5: careful about the amount of water you use because you know we have a limited resource and yet even

[0:35:39] Voice 5: with all those signs going up they still continue to have issues with the septic system being plugged

[0:35:46] Voice 5: up because those things went down um and having to ship water in because they just didn't have

[0:35:53] Voice 5: have enough. And so I'm really concerned about the change to the amount of cabins that are going to

[0:36:02] Voice 5: go on 1349 and 1329 McKinnon Road. I was on one of the property's websites today, and although

[0:36:12] Voice 5: they only have three actual structures, they also advertise a bowler trailer and a bell tent

[0:36:21] Voice 5: is something that can be rented to use as well so when you have those kind of

[0:36:28] Voice 5: structures on your property that means that you can have more people on the property using up

[0:36:34] Voice 5: that water and I'll give you an example of Gabriel Island they regularly go to Nanaimo

[0:36:42] Voice 5: to get their water because they run out and Nanaimo has said to them when we need water

[0:36:49] Voice 5: and we're running low we're going to say no so when we here on pender approve more of these type

[0:36:56] Voice 5: of buildings on um these properties we put at risk everyone's water because if mine runs out even

[0:37:04] Voice 5: though i'm not even in the neighborhood and i try to go to victoria to fill up my cistern who

[0:37:10] Voice 5: you know i need it every month of the year water and i can't get it that drops my property values

[0:37:17] Voice 5: And it really concerns me. So I would really like you to reconsider this decision. And as well, I don't understand why only site specific properties that are zone commercial are being considered, you know, Driftwood and McKinnon Road.

[0:37:42] Voice 5: but what about uh the other ones on the island and that's all i had to say thank you all right

[0:37:49] Trustee Patrick (probable): thank you kathy okay i think that's kathy

[0:37:54] Trustee Patrick (probable): joyce and karen your your were your hands up again or

[0:37:59] Trustee Patrick (probable): did you not take those down before

[0:38:02] Trustee McConchie (probable): we go on i just wanted there's some people that are uh like

[0:38:05] Trustee McConchie (probable): amber debt you know she's not able to attend she wanted just some clarification from him on

[0:38:11] Trustee McConchie (probable): something um so i'm wondering if i can read that she gave me permission to read it and it's just

[0:38:17] Trustee McConchie (probable): to do with site

[0:38:17] Trustee McConchie (probable): specific i'll just read it here um so i've read through the draft bylaws this is

[0:38:24] Trustee McConchie (probable): anne saying she wanted me to read it just to reiterate uh and listen to the august 13th kim

[0:38:29] Trustee McConchie (probable): has gone through the industrial land uses site specifics and added accessory building

[0:38:33] Trustee McConchie (probable): and structures what concerns me is that there are no accessory uses in any of the site specifics

[0:38:39] Trustee McConchie (probable): So, for example, with us, burdettes, we would be allowed to have a boat with a cover and, say, a shipping container for the storage of life jackets and cushions, but we wouldn't be allowed to have a vehicle parked on the property while someone is unloading, loading the boats.

[0:38:53] Trustee McConchie (probable): No boat maintenance would be allowed.

[0:38:55] Trustee McConchie (probable): Even simple things like charging batteries, painting the bottom, doing outboard maintenance.

[0:38:59] Trustee McConchie (probable): All these things can be done outside the industrial zone if someone takes their boat home and stores it on their property.

[0:39:05] Trustee McConchie (probable): um so just wanted to clarify a clarification on this issue i wonder if you have a response or

[0:39:12] Trustee McConchie (probable): maybe that's something that you want to um uh put off later or on her own but i wanted to make sure

[0:39:19] Trustee McConchie (probable): she had her all

[0:39:22] Trustee Patrick (probable): right kim did you have any um

[0:39:26] Voice 15: i mean the the historical zoning has always been

[0:39:29] Voice 15: boat storage so if the property owner wants to include boat maintenance that's either a request

[0:39:35] Voice 15: to the LTC through this process but we're pretty late in the game or the applicant could apply for

[0:39:41] Voice 15: a temporary use permit or go through a rezoning application.

[0:39:46] Trustee McConchie (probable): Okay just going on the way the draft

[0:39:49] Trustee McConchie (probable): bylaw would be written without accessory uses maintenance is a requirement for every business

[0:39:53] Trustee McConchie (probable): owner for example any of the trucks requires maintenance boats in the boatyard will require

[0:39:57] Trustee McConchie (probable): maintenance. If an excavator company needs to call a mechanic to work on a truck parked in

[0:40:05] Trustee McConchie (probable): their industrial law like referring to other people uh with industrial land uh this would

[0:40:10] Trustee McConchie (probable): all be accessory to the use of course is is her argument um would this be allowed as a question

[0:40:18] Trustee McConchie (probable): would she be allowed to have a mechanic come and work on that with i

[0:40:23] Voice 15: mean if you have your car

[0:40:24] Voice 15: breaks down on your property anybody can have a mechanic come to your property to fix your vehicle

[0:40:29] Voice 15: but the issue is does is it becoming a business are you um are you are you do you have a business

[0:40:36] Voice 15: on the property where you're fixing people's vehicles or trucks that use no is not permitted

[0:40:42] Voice 15: on her on that site specific property okay

[0:40:47] Trustee McConchie (probable): so i'll let uh and mike if they want to follow up with

[0:40:51] Trustee McConchie (probable): that uh they can contact staff and trustees for further clarification thanks

[0:40:57] Trustee Patrick (probable): well i think uh thank

[0:40:59] Trustee Patrick (probable): you everyone for your questions today I think it's important that the trustees now take the time to

[0:41:07] Trustee Patrick (probable): discuss because first time we've seen it after a number of amendments that were made in the last

[0:41:12] Trustee Patrick (probable): meeting so we have a staff report on page two here and so I guess I'll turn the floor back over to

[0:41:19] Trustee Patrick (probable): you Kim thank

[0:41:21] Voice 15: you I'm just going to spend a few minutes here because although the staff report

[0:41:27] Voice 15: I think is six or seven pages. It's mostly resolutions made at the August 11th and 13th

[0:41:34] Voice 15: regular meeting and special meeting and I wanted to include those resolutions in the staff report

[0:41:39] Voice 15: because as we know the draft minutes are not attached to this meeting because it's a special

[0:41:45] Voice 15: meeting. Those draft minutes will be attached to the September 29th meeting so I just wanted to

[0:41:51] Voice 15: bring those resolutions forward not only to the LTC but also to the community members who have

[0:41:56] Voice 15: have been following along so all the amendments made at the August 11th regular meeting and the

[0:42:03] Voice 15: August 13th special meeting have been made to the three bylaws bylaw 223 bylaw 224 and bylaw 229

[0:42:11] Voice 15: and those amended bylaws are now on the the project web page one item that we should at the

[0:42:22] Voice 15: the LTC with making these substantive amendments to the bylaws, at the end of the August 13th

[0:42:32] Voice 15: meeting, the LTC should have given second reading to these bylaws. So I just want to flag that to

[0:42:38] Voice 15: the LTC that that's something that should be done today. I'll quickly speak about the public hearing

[0:42:45] Voice 15: in just a bit, but I just want to note one item to flag it for the LTC's decision. And that's

[0:42:52] Voice 15: regarding the Port Washington Road property 1200 and 1201. So at the last special meeting on August

[0:43:00] Voice 15: 13, the LTC put a motion forward or approved a resolution that states that the LTC would like to

[0:43:11] Voice 15: retain that site specific commercial zoning, rather than rezoning it to a rural residential

[0:43:19] Voice 15: So a motion was put forward and the Land Use By-law 224 reflects that in the map, so it still has that site-specific commercial zoning.

[0:43:31] Voice 15: One item is that the OCP Amending By-law 223 still shows the OCP designation as changing from commercial to residential.

[0:43:46] Voice 15: And just a reminder to the LTC, what OCP designations mean is what is the future use for that property? What does the community, what does the LTC think a property's use should be?

[0:44:01] Voice 15: So the LTC has an option to keep the bylaw 223 as is, which means that the OCP designation would change from commercial to residential, and that would signify that the LTC would like to see down the road those properties to be rezoned to a rural residential use, but the property owner would have to go through a rezoning application.

[0:44:30] Voice 15: Or there's a draft motion on page six of the agenda where the LTC can amend bylaw number 223 by deleting plan number two.

[0:44:44] Voice 15: And what that would mean is then those sites or those properties would retain that commercial OCP designation.

[0:44:53] Voice 15: So if a rezoning application does come to the LTC, the applicant would have to apply for amending the land use in the land use bylaw, and also the OCP designation in the OCP.

[0:45:10] Voice 15: So that was just one item that I wanted to flag for a potential decision by the LTC.

[0:45:16] Voice 15: And the last thing I just want to mention is about around scheduling the public hearing.

[0:45:22] Voice 15: The LTC gave direction to staff to schedule the public hearing, but now we are getting to the end of the term.

[0:45:29] Voice 15: The LTC may want to make a decision if you want to hold that public hearing prior to elections of a possible date of Saturday, October 1st, or if the LTC wants to defer that public hearing until after the elections.

[0:45:47] Voice 3: Can I ask a question about that last thing?

[0:45:49] Voice 15: Absolutely.

[0:45:50] Voice 3: So if we have the public hearing on October 1st, and there are things that the public

[0:45:57] Voice 3: doesn't like in these bylaws, and we want them changed, then can we compile that feedback

[0:46:06] Voice 3: for the LTC, and then they would just have to take these bylaws back out to public hearing

[0:46:14] Voice 3: again?

[0:46:16] Voice 15: Yep.

[0:46:16] Voice 15: there's a cost

[0:46:18] Voice 15: with that a cost associated with holding a second public hearing so the hope would

[0:46:23] Voice 15: be is when an ltc brings forward proposed bylaws that they are in their final final format but

[0:46:30] Voice 15: you could do that you could hold a second public hearing but there are yeah as financial costs

[0:46:37] Voice 15: associated with that administrative costs getting the new ltc up to speed and so forth and i guess

[0:46:44] Voice 3: my question is slightly different what is the point of the public hearing if there can't be

[0:46:49] Voice 3: changes after just and then this is not a critique of you this is literally a process question

[0:46:57] Voice 15: robert did you want to step into

[0:46:58] Voice 12: so you can make changes after the public hearing and like as kim

[0:47:03] Voice 12: said before what you can't do without holding a new hearing is make changes to use or density

[0:47:11] Voice 12: so lots of there's lots of little regulations you know setbacks or some general regulations

[0:47:16] Voice 12: or a definition or something that you might hear something

[0:47:19] Voice 12: at the public hearing up to and including at the public hearing

[0:47:22] Voice 12: and then right after the public hearing or in the meeting

[0:47:26] Voice 12: a few days later, you have some series of amendments

[0:47:29] Voice 12: you want to make and what you can't change after the hearing

[0:47:32] Voice 12: without holding a new hearing is use or density.

[0:47:35] Voice 12: That's provincial legislation.

[0:47:38] Voice 7: Thank you.

[0:47:44] Trustee Patrick (probable): Okay.

[0:47:46] Trustee Patrick (probable): Did you want to consider the Port Washington issue

[0:47:50] Trustee Patrick (probable): issue before we um well

[0:47:54] Trustee McConchie (probable): if i

[0:47:54] Trustee Patrick (probable): can make it yeah yeah i

[0:47:57] Trustee McConchie (probable): mean the big part of the conversation

[0:47:59] Trustee McConchie (probable): actually has to do with when we're scheduling the public hearings in my opinion and what whether or

[0:48:04] Trustee McConchie (probable): not we're going to hold the public hearings before or after the election that hasn't that is kind of

[0:48:08] Trustee McConchie (probable): the you know before we kind of move ahead it's probably something we need to have a substantive

[0:48:13] Trustee McConchie (probable): conversation about which don't you think sure

[0:48:17] Trustee Patrick (probable): happy to do that okay

[0:48:18] Trustee McConchie (probable): um i've been thinking a

[0:48:22] Trustee McConchie (probable): lot about this this has been such a great fascinating term uh in office not just with

[0:48:27] Trustee McConchie (probable): the pandemic but with i feel like with this land use bylaw review it's almost the equivalent of uh

[0:48:34] Trustee McConchie (probable): when you go into a family dinner and then all of a sudden there's someone at the table it's like

[0:48:39] Trustee McConchie (probable): Like, well, you, you know, like brings up all these issues and then the whole conversation explodes.

[0:48:45] Trustee McConchie (probable): And then now we're kind of we're going like this.

[0:48:49] Trustee McConchie (probable): We're kind of bringing it back in to the conversation.

[0:48:51] Trustee McConchie (probable): And it happens to coincide with this election.

[0:48:57] Trustee McConchie (probable): Like, I really want the community to buy in what we're doing.

[0:49:01] Trustee McConchie (probable): I really want everyone to feel as though what the work we've been doing is for the benefit and only for the well-being of the sustainability of our community.

[0:49:15] Trustee McConchie (probable): And I'm feeling like now that the winter of 2022 is over and we've had a summer now and we have an election coming up, it's something for us to really consider maybe putting this to the electorate and then the folks present their case.

[0:49:38] Trustee McConchie (probable): case, it would create a strong, what's the word I'm looking for, template or a conversation piece

[0:49:48] Trustee McConchie (probable): for our community to have. Then the trustees that are then elected would have to have a heck of a

[0:49:55] Trustee McConchie (probable): job if they're going to argue against some of these proposed changes. And then the trustees,

[0:50:01] Trustee McConchie (probable): if they're elected based on supporting these bylaws, can continue to work as far as I'm

[0:50:06] Trustee McConchie (probable): I'm concerned. So the number one thing I want to, I want to, I feel is important is that we are

[0:50:13] Trustee McConchie (probable): being, we are ensuring that the community is bought into that. And I'm curious to know what

[0:50:19] Trustee McConchie (probable): you think, because I certainly, it is a risk in the sense of, I would be extremely disappointed

[0:50:27] Trustee McConchie (probable): if these, some of these bylaws were not adopted after the election. But I have faith in the

[0:50:34] Trustee McConchie (probable): community and i have faith in the idea that we are uh we're a very intelligent and involved and

[0:50:41] Trustee McConchie (probable): engaged community uh and that the electorate will will determine that and uh so we potentially have

[0:50:48] Trustee McConchie (probable): an have an opportunity for our land use bylaw to review uh to be put to a kind of an informal

[0:50:55] Trustee McConchie (probable): referendum uh and i was curious to know what your guys's thoughts were on that uh i do realize it's

[0:51:03] Trustee McConchie (probable): a cautious approach but given the tumultuousness of our nature of our term um i want to ensure

[0:51:10] Trustee McConchie (probable): that everyone it doesn't create a strong counter reaction and i want to ensure that that folks

[0:51:17] Trustee McConchie (probable): understand the implications of what we're doing right now because they are substantive changes

[0:51:21] Trustee McConchie (probable): so i'm i'm open to having this conversation i i haven't made up my mind one way or the other

[0:51:27] Trustee McConchie (probable): uh but it's something that i i wanted to take into consideration when we discussed

[0:51:30] Trustee McConchie (probable): Yes. So thanks. Thanks for hearing me out.

[0:51:34] Voice 7: Tracy Morrison, your thoughts?

[0:51:36] Voice 3: Yeah, so I have mixed feelings about it.

[0:51:41] Voice 3: And I guess I need a couple things clarified, because my understanding is that we are too tied up against the term changeover to actually complete this project.

[0:51:53] Voice 3: And I think, Kim, I need some clarification on that.

[0:51:57] Voice 3: maybe robert because my understanding is even if we did all the pieces that we need to do we get

[0:52:03] Voice 3: to public hearing we can't give it third reading necessarily or even if we can give a third reading

[0:52:08] Voice 3: it would have to go to the executive and something has to happen there and then it would have to come

[0:52:12] Voice 3: back to us for final and that's we're out of meetings at that point for this term so if i

[0:52:18] Voice 12: can get a clarification for the land use bylaw so it's tight right it's kind of pushed it right to

[0:52:24] Voice 12: the limit but if you had the public hearing on October 1st and that sub fault just immediately

[0:52:31] Voice 12: following that public hearing you gave second or third reading to the bylaw and sent it to

[0:52:36] Voice 12: executive committee executive committee meets on October 5th so it could go to executive on

[0:52:42] Voice 12: October 5th and then it because it could come back to the local trust committee for consideration of

[0:52:47] Voice 12: adoption.

[0:52:49] Voice 15: And adoption can also be done by RWM or you could schedule a special meeting if you

[0:52:56] Voice 15: want to by Zoom and do it like that as well. So there is a possibility of adopting bylaw 224 by

[0:53:02] Voice 15: the end of the term. Yeah

[0:53:03] Voice 12: if you remember that's why we separated out the elements of the land

[0:53:08] Voice 12: use bylaw that required OCP amendments into those two

[0:53:12] Voice 12: other sets.

[0:53:13] Voice 3: Right right I remember.

[0:53:14] Voice 3: member okay so i guess the the things that are of concern to me is i am hearing not in any way a

[0:53:24] Voice 3: solid consensus in our community or even really an approach to it around the density on mckinnon

[0:53:30] Voice 3: and so i think what's going to happen is if it's included in our bylaw right now

[0:53:34] Voice 3: that we're going to have a problem on the at the hearing about including it or not including it

[0:53:40] Voice 3: And then what, and I'm not, I'm not a hundred percent clear at what is the next step at that

[0:53:47] Voice 3: point. If we get like an out, you know, a huge number of people saying that they really want

[0:53:53] Voice 3: to see that density reduced and that people have to come back with a rezoning there to increase the

[0:53:59] Voice 3: density, like, you know, what is the next step for that? Because there's a lot of people in play

[0:54:05] Voice 3: here you know and it's it's essentially going to be a it's not going to be an issue we're going to

[0:54:12] Voice 3: get pure consensus on so we have to make a decision at some point around that right and i agree with

[0:54:18] Voice 3: trustee mcconaghy that in some ways that's great to push to an election because then hopefully we

[0:54:23] Voice 3: get people out into vote and really clear my concern about pushing things into an election

[0:54:28] Voice 3: with a complicated set of bylaws like this is that we see particular people oversimplify things

[0:54:39] Voice 3: into messages that become incorrect and I have had to clarify many times incorrect assumptions

[0:54:48] Voice 3: about what some aspect of the bylaw means and going into election we could end up having

[0:54:56] Voice 3: having candidates push forward and get elected just on the misunderstandings of

[0:55:02] Voice 3: what's happening. That concerns me very deeply. And, you know,

[0:55:08] Voice 3: I do agree that lots of people are really engaged and, and, you know,

[0:55:12] Voice 3: thoughtful and informed about this effort and the more, the better.

[0:55:16] Voice 3: I am a little worried that those who intentionally misrepresent will go to

[0:55:22] Voice 3: town on it. So that's my concerns.

[0:55:25] Voice 3: maybe

[0:55:27] Trustee McConchie (probable): i can ask it before i i kind of get into that i'm wondering can i ask you just a process

[0:55:31] Trustee McConchie (probable): question just let's call them trustee x okay and trustee random trustee is mainly supposed to go

[0:55:41] Trustee McConchie (probable): into a public hearing not having made up their mind correct i guess planner stock dealer

[0:55:46] Trustee McConchie (probable): they have to have an

[0:55:48] Voice 12: open open mind their mind should be open to being changed by what they hear

[0:55:52] Voice 12: at the hearing so

[0:55:54] Trustee McConchie (probable): my point is in the time frame i mean how much time should you then as a trustee

[0:56:00] Trustee McConchie (probable): be given to think after the public hearing it's really so

[0:56:04] Trustee McConchie (probable): it's yeah so it's not perceived as

[0:56:07] Trustee McConchie (probable): you'd already made up your mind yeah

[0:56:09] Voice 12: so i mean you've received you're gonna you know you have

[0:56:13] Voice 12: the public hearing binder all the correspondence and submissions that you get will be there before

[0:56:16] Voice 12: the hearings everything received before the hearing is there for you to read and then you

[0:56:22] Voice 12: hear you listen to what's being said at the hearing there might be some written submissions

[0:56:26] Voice 12: at the hearing so often what happens is once the hearing's closed there's a break trustees read

[0:56:32] Voice 12: through all the written submissions that they haven't read yet and then uh can reconvene in

[0:56:38] Voice 12: the meeting and deliberate and either make further make amendments and further readings or not as the

[0:56:45] Voice 12: case may be i'm

[0:56:49] Trustee McConchie (probable): concerned uh okay thanks for explaining that robert i'm concerned that the

[0:56:53] Trustee McConchie (probable): the September 29th public hearing meeting will turn into a, I mean,

[0:56:57] Trustee McConchie (probable): a pretty wild west situation as opposed to,

[0:57:04] Trustee McConchie (probable): I mean, let's, let's say there's an election and the candidates are elected,

[0:57:07] Trustee McConchie (probable): and then they have to,

[0:57:09] Trustee McConchie (probable): they have to make a decision on how to proceed after this with all this and to

[0:57:13] Trustee McConchie (probable): scrap it all together and start from scratch. I mean,

[0:57:18] Trustee McConchie (probable): if the entire Island votes for a candidate that suggests that I,

[0:57:23] Trustee McConchie (probable): I would be, I don't understand my community then. Then I was wrong. You know, that's kind of how I feel. And certainly, and I've just kind of noticed on the Facebook chat, you know, there's some people that want to run but not campaign.

[0:57:39] Trustee McConchie (probable): And these are really important questions that have to be answered by trustees. What is your position on the land use bylaw? What is your position on house sizes? What is your position on having the local government have a say in their shoreline sustainability?

[0:57:58] Trustee McConchie (probable): Sustainability. What is your, what is the, what is your position, et cetera, et cetera. What is your position on the McKinnon road and density in the future? Now, uh, I'm, I'm aware that there are some folks that want to have answers right away, um, and have this all shored up.

[0:58:18] Trustee McConchie (probable): uh but because of the timing of this we've there there's and because of all the covid we've been

[0:58:23] Trustee McConchie (probable): dealing with i mean that is a reality it's been been a really challenging time for our community

[0:58:29] Trustee McConchie (probable): uh we're in a bit of a a challenging position right now uh if we do proceed with the public

[0:58:36] Trustee McConchie (probable): hearing so i'm not sure what you think chair Patrick

[0:58:41] Trustee Patrick (probable): it's everything you've said this is

[0:58:45] Trustee Patrick (probable): both of you is it's it's all correct um it it will be regardless uh it will be an election issue

[0:58:56] Trustee Patrick (probable): um and which makes it i mean there is some challenge so if you have the public hearing

[0:59:04] Trustee Patrick (probable): uh you can't discuss it further and after the hearing so there would be you know potential

[0:59:13] Trustee Patrick (probable): campaign conversations and things of that nature that you would not or should not participate in

[0:59:19] Trustee Patrick (probable): those conversations so it makes things a bit tricky um and you know the the these things are

[0:59:29] Trustee Patrick (probable): so complex i mean it seems simple i mean we sit here and read them and think they're

[0:59:35] Trustee Patrick (probable): you know sometimes simple but they're complex to understand and they are easily um misunderstood

[0:59:42] Trustee Patrick (probable): understood or what that is. So I think you have to sort of gauge that decision. I think

[0:59:50] Trustee Patrick (probable): the issues are well defined. The work that's been done to support them has been fantastic.

[1:00:00] Trustee Patrick (probable): um and is there to help help guide the decision going forward so i think you just have to weigh

[1:00:05] Trustee Patrick (probable): how you feel and you know you are close to the island i i you know i'm not and um

[1:00:11] Trustee Patrick (probable): um how how you want to proceed maybe

[1:00:16] Voice 3: i can throw one other thought into this

[1:00:19] Voice 3: and um i i'm not sure i have the answer which way to go either to be clear um but one other

[1:00:28] Voice 3: thing to think about in this is um i think we either intend it to go to an election issue

[1:00:38] Voice 3: or we don't um like we'll make a decision on it in this term if we intend it to go to an election

[1:00:45] Voice 3: issue we need to not hold a public hearing before the election because a public hearing before the

[1:00:51] Voice 3: election causes all sorts of problems as laura just named and it makes the density issue more

[1:00:57] Voice 3: more rigid which is a really big problem if that's an issue that we want to go forward to the

[1:01:02] Voice 3: electorate so I think it's a little bit bigger question than just when to hold like you know

[1:01:08] Voice 3: we're going to hold this public hearing right now it's like do we intend to make a decision on this

[1:01:13] Voice 3: on this bylaw this term or not and I think that's a question you are asking Ben and so in in terms

[1:01:22] Voice 3: of how I feel about that I mean I do feel like there has been an incredible amount of work put

[1:01:28] Voice 3: in by the community over the last you know three and a half years three years of this work and i

[1:01:34] Voice 3: feel a little bit disappointed if we can't conclude that work that it has to be an election to sort of

[1:01:42] Voice 3: confirm it because there have been a lot of voices and thoughts put into it um at the same time i feel

[1:01:51] Voice 3: feel like I you know like if if the worst case happened that somehow like we pushed it off to

[1:01:58] Voice 3: the election and like two people who just wanted to like trash it got in well I washed my hands

[1:02:05] Voice 3: of folks in the community who didn't come out to vote at that point because like to me the people

[1:02:10] Voice 3: who put in the effort really also need to come out to vote and like name that they support that

[1:02:15] Voice 3: that kind of process so um so i have mixed feelings about it maybe one last clarification

[1:02:21] Voice 3: question if it goes forward to the election um then there's a couple things we can do we can

[1:02:28] Voice 3: like at our next meeting we can actually address some of these things a little bit more slowly

[1:02:32] Voice 3: there's a question whether we can get the outdoor lighting into it um if we have like two more

[1:02:36] Voice 3: meetings and it goes forward to election i would argue kieran's point that maybe we should consider

[1:02:41] Voice 3: putting the outdoor lighting piece in there um and so like there is a couple things that we could do

[1:02:47] Voice 3: to like you know make the last few tweaks and make it even better um and then hand it forward

[1:02:53] Voice 3: to the next term if it gets handed forward to the next term can somebody in the staff please

[1:02:57] Voice 3: give me the timeline of what that looks like for it getting to public hearing at that point

[1:03:07] Voice 12: um so the new ltc is sworn in november early november beginning of november

[1:03:13] Voice 12: um and then it's up to that ltc about what's sort of how they want to proceed with the project or

[1:03:21] Voice 12: not um you know if they're happy let's

[1:03:24] Voice 3: make yeah let's make the assumption they want to do it what

[1:03:26] Voice 3: would

[1:03:26] Voice 12: they want to proceed they don't have major changes that they're wanting to consider then they

[1:03:32] Voice 12: would undertake the same steps they would say it's at second reading um they would schedule the

[1:03:39] Voice 12: public hearing um and there would be the you know the required period of time for the notice usually

[1:03:44] Voice 12: about a month um to hold the public hearing third reading send it to executive if

[1:03:51] Trustee McConchie (probable): i recall from the

[1:03:53] Trustee McConchie (probable): beginning of our term uh derek massling diane barber uh you know we approved their the we had

[1:04:01] Trustee McConchie (probable): the final vote on their uh the adoption of the short-term vacation rental bylaw which was a

[1:04:07] Trustee McConchie (probable): continuity thing we just didn't happen to have an election you know um yeah it's like

[1:04:15] Trustee McConchie (probable): i i really believe in our community and the the intelligence of our community um and i certainly

[1:04:21] Trustee McConchie (probable): don't want to ever have a perception uh from community members that we've we've we're trying

[1:04:27] Trustee McConchie (probable): to push this through a rush it through in some last-ditch effort to uh you know to get it in

[1:04:32] Trustee McConchie (probable): because somebody else is coming in. If this is sound policy, if it's sound for our island,

[1:04:40] Trustee McConchie (probable): it will withstand the difficulties and challenges of an election. And there's a nomination period

[1:04:48] Trustee McConchie (probable): happening right now. And I know Trustee Morrison has offered to stand for re-election.

[1:04:55] Trustee McConchie (probable): I've offered to put my name forward to be the CRD director. And I'll continue to support the

[1:05:01] Trustee McConchie (probable): work of the trustees if I'm elected. And if I'm not, I will continue to be a voice,

[1:05:08] Trustee McConchie (probable): an irritating voice in the background to ensure that the bylaws, if they're not adopted,

[1:05:15] Trustee McConchie (probable): there certainly should be a logical and sound reason why. And it should be explicated by the

[1:05:21] Trustee McConchie (probable): trustees of the next term. So it's politics and it's risky, you know, Trustee Morrison.

[1:05:27] Trustee McConchie (probable): arson uh but but here we are you know um i i just uh i find myself wanting to just make sure we're

[1:05:37] Trustee McConchie (probable): doing the right thing here right

[1:05:40] Voice 3: so one i guess i have lots of questions about this so then um

[1:05:45] Voice 3: if that happened then we wouldn't do a special meeting or a public hearing we went to the public

[1:05:51] Voice 3: hearing in october we have an ltc meeting in september and one in october is that right

[1:05:56] Voice 3: i think we have one in october

[1:05:59] Voice 11: and so

[1:06:00] Voice 3: yeah so then the question that i would have is um can

[1:06:05] Voice 3: we appropriately use one of those meetings or does there is there some kind of encumbrance we have

[1:06:09] Voice 3: i wouldn't think we do um can we appropriately use one of those meetings um as a community

[1:06:15] Voice 3: information meeting on uh like any revisions or finalizations so

[1:06:20] Voice 12: october 29th is your next

[1:06:22] Voice 12: regular scheduled regular meeting there are already a few things on the agenda um so that's

[1:06:28] Voice 12: september 29th thursday so and it's it's a thursday there's october the first which was

[1:06:37] Voice 12: already set aside as a potential date for public hearing so if you wanted to hold another community

[1:06:43] Voice 12: information meeting that might be an appropriate uh date time the place is already booked i

[1:06:50] Voice 12: I understand me, Kim. Yeah, yeah. Yeah. And then the October 27 meeting, it's after the election, but you're still the LTC. So you're legally entitled to make all the decisions you want, but there might be

[1:07:04] Voice 3: political,

[1:07:06] Voice 12: moral implications.

[1:07:07] Voice 12: no

[1:07:08] Voice 3: understandable yeah um

[1:07:10] Voice 3: so i i personally would encourage us to hold the community a community

[1:07:15] Voice 3: information meeting if we don't hold a public hearing just because i think there are a couple

[1:07:20] Voice 3: little things that i we may want to put this on the agenda because i don't think we're getting

[1:07:24] Voice 3: anywhere today on any changes or edits i maybe i'm wrong but we can do the one on the ocp because

[1:07:30] Voice 3: i have a thought about that but there's a couple other things that i had on the list here around

[1:07:34] Voice 3: around outhouses, around those setbacks for wetlands that were raised, around the residential

[1:07:39] Voice 3: application of the septic field, to be explicit about it, that maybe we could just bring those

[1:07:45] Voice 3: as potentials, Kim, the comments from today's open house, into the September meeting, address

[1:07:53] Voice 3: them there in a more reasoned and measured way, and then we could go to a community information

[1:07:59] Voice 3: permission meeting on the what I could do

[1:08:01] Voice 15: is bring forward a staff report for the special

[1:08:03] Voice 15: meeting on October 1st and have the discussion then rather than on the

[1:08:08] Voice 15: 29th but it would be

[1:08:10] Voice 15: great to have um either um by motion just those specific points so I can make sure that I address

[1:08:18] Voice 15: those yeah

[1:08:19] Voice 3: I can do that or

[1:08:21] Voice 15: just we can make it explicitly clear for Robin to include in the

[1:08:24] Voice 15: minutes doesn't have to be a motion just so they're clear in the minutes that those items

[1:08:28] Voice 15: need to be addressed okay

[1:08:30] Voice 3: so i can totally do that i have a list of them here um so which way

[1:08:37] Voice 3: shall we go right this minute because it sounds like we need a motion related to the special

[1:08:41] Voice 3: hearing versus a community information meeting and then we need some other things that potentially

[1:08:46] Voice 3: can get done today and we have 20 minutes yep

[1:08:49] Voice 15: so the ltc can put forward a motion to hold a special

[1:08:53] Voice 15: special meeting for the land use bylaw on October 1st. Land use bylaw project, sorry,

[1:09:00] Voice 15: land use bylaw review project for October 1st.

[1:09:07] Trustee McConchie (probable): I'd like to make a motion to the North Canada

[1:09:11] Trustee McConchie (probable): Local Trust Committee to have a community information meeting on October 1st regarding

[1:09:14] Trustee McConchie (probable): the land use bylaw review. Is that

[1:09:18] Voice 3: okay, Kim, or does it have to say special meeting?

[1:09:21] Voice 3: So

[1:09:21] Voice 12: is it a community information meeting you want to hold, or do you want to hold

[1:09:24] Voice 12: to like a special meeting where you get right into these other the specifics of these other

[1:09:29] Voice 12: amendments i

[1:09:32] Voice 3: think it's a special meeting that is it it will like have the impact so i think it's a

[1:09:39] Voice 3: special meeting i think there's a community information meeting component inside the special

[1:09:42] Voice 3: meeting okay right

[1:09:44] Voice 15: so we'll start with a community information meeting and then we'll lead into the

[1:09:49] Voice 15: ltc's discussion with staff on the staff report that outlines those extra points that you want

[1:09:55] Voice 15: clarified so it'll be a two-part yes

[1:09:59] Voice 3: i would do it the other way around but okay so is that motion

[1:10:06] Voice 3: adequate is what i'm asking yeah

[1:10:10] Trustee McConchie (probable): sure oh you're asking me oh

[1:10:12] Voice 3: i think we lost him no i was asking

[1:10:14] Voice 3: him but i think we lost him oh she's

[1:10:16] Trustee Patrick (probable): there i was gonna say before you say let me let robin read it

[1:10:19] Trustee Patrick (probable): back so that we're certain that so when you're ready

[1:10:23] Voice 13: robin that the north pender ltc um would

[1:10:26] Voice 13: like to schedule a special meeting and cim meeting on october 1st is that correct for

[1:10:32] Voice 15: the land use

[1:10:33] Voice 15: bylaw review project on

[1:10:35] Voice 13: october 1st for the land use

[1:10:37] Voice 15: bylaw

[1:10:38] Voice 13: review

[1:10:39] Voice 15: project okay

[1:10:41] Voice 3: and just to be clear

[1:10:43] Voice 3: the motion shouldn't say that we would like to it that we direct staff to schedule that the north

[1:10:49] Voice 13: vendor to direct staff to schedule all

[1:10:55] Trustee Patrick (probable): right do you second that motion okay so trustee morrison

[1:10:58] Trustee Patrick (probable): second sound any discussion all right i will call the vote then all those in favor that's carried

[1:11:10] Voice 3: all right i would like to make the motion about the i'm just going to move it we can talk about

[1:11:17] Voice 3: it we can even vote it down i brought it up um that the so on page six i'm taking the motion

[1:11:21] Voice 3: off at the bottom of page six that the north pender island local trust committee proposed

[1:11:25] Voice 3: bylaw number 223 cited as north pender island official community plan bylaw number 171 207

[1:11:31] Voice 3: amendment number one 2021 be amended by deleting plan number two is

[1:11:38] Trustee Patrick (probable): there a second that's and this

[1:11:39] Trustee Patrick (probable): is the we answer it

[1:11:41] Trustee Patrick (probable): it's

[1:11:42] Trustee McConchie (probable): on page six

[1:11:42] Trustee Patrick (probable): so this is back to the um and i

[1:11:49] Trustee Patrick (probable): can i can talk

[1:11:50] Voice 3: to it in a

[1:11:50] Voice 3: minute but i just wanted to get on that yes

[1:11:52] Trustee Patrick (probable): a second sure so your second trustee okay any

[1:11:54] Trustee Patrick (probable): discussion yeah

[1:11:56] Voice 3: so for me this motion makes it more consistent that we're currently um upholding

[1:12:04] Voice 3: the idea of the community plan that that is commercial land that we're not telegraphing

[1:12:10] Voice 3: anything one way or the other that if the landowner wants it to go to residential that

[1:12:13] Voice 3: they need to apply for rezoning and it has to go through the whole review process i felt it was

[1:12:19] Voice 3: inconsistent between the land use file saying one thing and the ocp saying another so this

[1:12:24] Voice 3: makes it more consistent i'm

[1:12:27] Trustee McConchie (probable): wondering if staff have any comments on that no yeah

[1:12:32] Voice 15: provided the

[1:12:33] Voice 15: comments and the staff report it's up to the ltc to make the decision um

[1:12:38] Trustee McConchie (probable): yeah no i mean the big

[1:12:40] Trustee McConchie (probable): concern is that there's the shed and you know concerned about the shed so i mean you're fair

[1:12:46] Trustee McConchie (probable): enough i i do i do believe this provides clarity so yeah that's important all

[1:12:52] Trustee Patrick (probable): right any further

[1:12:53] Trustee Patrick (probable): discussion i'll call the vote then all those in favor and that's carried um

[1:13:01] Voice 3: can i provide a list

[1:13:02] Voice 3: of the things that I know potentially should be recorded in the notes as things to discuss at the

[1:13:07] Voice 3: special meeting would that be appropriate right now

[1:13:10] Trustee Patrick (probable): yes Robin just uh if you could try to capture

[1:13:15] Trustee Patrick (probable): this list go ahead I'm

[1:13:21] Voice 3: gonna help her out just here um okay so my understanding is it's related

[1:13:27] Voice 3: to wetlands and streams for setbacks we should discuss why uh how setbacks are or are not

[1:13:33] Voice 3: applying to wetlands and streams and i stuck this in the chat for you robin um and then with

[1:13:43] Voice 3: residential septic fields that we should say something about them as we have related to

[1:13:48] Voice 3: industrial and residential or sorry industrial and commercial lands and that we may also need

[1:13:55] Voice 3: to include not just septic fields but well setback in that i know we have well setback on industrial

[1:14:01] Voice 3: lands but i'm surprised we didn't have anything related to setback from wells for septic systems

[1:14:06] Voice 3: systems on residential. And then we should discuss the 1.5 meter height per story calculations.

[1:14:19] Voice 3: It seems like it's a carryover for some reason that's not very clear to me and it doesn't seem

[1:14:24] Voice 3: practical. So we may want to, and Kim, just to give you a heads up on that. My thought on that

[1:14:29] Voice 3: was, is there a way for us to tag that to the building code so that we don't need to adjust

[1:14:34] Voice 3: just for it we just reference the building code because that's my intent anyway um and

[1:14:44] Voice 3: then there was something about joyce's definition of farm and just the notes from joyce related to

[1:14:49] Voice 3: clarification on farm and outdoor lighting if we want to tackle that or not it seems like that

[1:15:00] Voice 3: still might be too late but maybe not if we're going into the next term so it should be considered

[1:15:04] Voice 3: and um i think that was it was it sounds

[1:15:24] Trustee Patrick (probable): good and i do know um salt spring does have a um

[1:15:32] Trustee Patrick (probable): setbacks for septic systems in our by our land use bylaw for residential for resident for yeah

[1:15:41] Trustee Patrick (probable): and for water for

[1:15:43] Voice 3: water okay that's great all right so that was my list of things i heard i

[1:15:48] Voice 3: I don't know if there was other things

[1:15:50] Voice 3: that other people had heard.

[1:15:52] Trustee Patrick (probable): As well as setbacks from drinking.

[1:15:54] Trustee Patrick (probable): The difference between drinking wells

[1:15:56] Trustee Patrick (probable): and septic fields is also repeated in ours.

[1:16:01] Trustee Patrick (probable): Anything else?

[1:16:03] Trustee Patrick (probable): Trustee McConkie, anything you want to add?

[1:16:06] Trustee McConchie (probable): We keep getting requests

[1:16:07] Trustee McConchie (probable): from all the just the beauty technocrats

[1:16:10] Trustee McConchie (probable): that love reading bylaws.

[1:16:11] Trustee McConchie (probable): And we brought this up with you, Planner Stockdale.

[1:16:13] Trustee McConchie (probable): And maybe for the next set of trustees,

[1:16:16] Trustee McConchie (probable): you know, to have those comparison maybe

[1:16:19] Trustee McConchie (probable): maybe, and give you allocate the time to do that.

[1:16:22] Trustee McConchie (probable): Seems like that's critical. Like the,

[1:16:25] Trustee McConchie (probable): it's really important to note even for future trustees,

[1:16:27] Trustee McConchie (probable): like there's a group of folks there's like, I don't know,

[1:16:30] Trustee McConchie (probable): a dozen of them that are like,

[1:16:32] Trustee McConchie (probable): they don't really like going out and making big speeches at the trust

[1:16:36] Trustee McConchie (probable): meetings. And they, they don't really, but they love the policy. Right.

[1:16:40] Trustee McConchie (probable): And you know, I, we need buy-in from these guys to,

[1:16:46] Trustee McConchie (probable): to really adopt these changes to the amendments,

[1:16:49] Trustee McConchie (probable): I feel like that would help.

[1:16:51] Trustee McConchie (probable): So I just want to make sure that that's flagged

[1:16:54] Trustee McConchie (probable): for the next trustees, federal trustees.

[1:16:58] Voice 3: And maybe one last thing too, that on that list,

[1:17:03] Voice 3: we may want to have a conversation

[1:17:04] Voice 3: and I don't know if it's even possible

[1:17:06] Voice 3: at this point or not,

[1:17:07] Voice 3: but it might be something worthwhile

[1:17:08] Voice 3: to keep to forward to the next trust council

[1:17:11] Voice 3: is what are the pros and cons

[1:17:13] Voice 3: of pulling the density out of the bylaw?

[1:17:15] Voice 3: if that's an issue like the mckinnon road density making a separate issue there's pros and cons to

[1:17:22] Voice 3: that it's so there's a lot of uncertainty but we can have that as a discussion item a very specific

[1:17:26] Voice 3: discussion item at the special meeting just that density on mckinnon road i really want to flag

[1:17:33] Voice 3: that in the communications so that people on mckinnon road come out talk to us about it

[1:17:44] Voice 13: deb did you also want to discuss lighting at the next meeting yes

[1:17:48] Voice 3: please okay yeah

[1:17:55] Trustee McConchie (probable): i i mean the

[1:17:56] Trustee McConchie (probable): other thing i just guess well there's this pregnant pause here um i mean if you think about

[1:18:00] Trustee McConchie (probable): it the next trustee say they say you get elected so the end you oppose some of these bylaws for

[1:18:08] Trustee McConchie (probable): sure you know you can have that opinion but that means you'd be against um you're the local

[1:18:15] Trustee McConchie (probable): government having a say over the a large size of a home you'd be against the local government having

[1:18:22] Trustee McConchie (probable): a say in how to manage the foreshore you'd be against um so many other issues uh so there really

[1:18:32] Trustee McConchie (probable): needs to be a rationale or justification uh really given and given considerable thought and you need

[1:18:39] Trustee McConchie (probable): to articulate that to the community in a in an appropriate manner uh because the staff have done

[1:18:44] Trustee McConchie (probable): an exceptional job of uh under the circumstances of the past few years of trying to communicate to

[1:18:51] Trustee McConchie (probable): the island you know here are some bylaws that we should look at and should should make make

[1:18:57] Trustee McConchie (probable): amendments and changes to uh so i i feel like we're setting ourselves up uh for a very good

[1:19:05] Trustee McConchie (probable): and substantive conversation in the community and uh i'm looking forward to it i'm looking forward

[1:19:09] Trustee McConchie (probable): to hearing uh trustee morrison uh and supporting trustee morrison uh while she goes around the

[1:19:16] Trustee McConchie (probable): community and uh engages with folks um because i know trustee morrison your travel schedule becomes

[1:19:23] Trustee McConchie (probable): a lot lighter uh and that you're able to to get out there and and really uh explain explain uh

[1:19:30] Trustee McConchie (probable): the rationale and uh certainly i'll be there to uh to assist with that in any way possible

[1:19:36] Trustee McConchie (probable): yeah

[1:19:37] Voice 3: i'll be on island most of september and october and

[1:19:44] Voice 7: uh just a quick clarification

[1:19:45] Trustee McConchie (probable): question

[1:19:46] Trustee McConchie (probable): you know robert you've been with the trust for a little while um a couple years yeah i'm wondering

[1:19:54] Trustee McConchie (probable): have you ever seen any trust committee in this particular circumstance where they worked on a

[1:19:58] Trustee McConchie (probable): project for this long and then it comes down to the election and then they adopt it right before

[1:20:04] Trustee McConchie (probable): before the election?

[1:20:06] Voice 12: Well, when I started here, the Islands Trust,

[1:20:09] Voice 12: there had been a previous term

[1:20:12] Voice 12: where the current land use bylaw, bylaw 103,

[1:20:15] Voice 12: had been adopted right at the end of the term

[1:20:19] Voice 12: by an outgoing local trust committee.

[1:20:21] Voice 12: And the new local trust committee

[1:20:26] Voice 12: didn't overturn the whole new bylaw,

[1:20:28] Voice 12: but they made some amendments to it over a couple of years,

[1:20:31] Voice 12: some some issues that they'd run on and was

[1:20:36] Trustee McConchie (probable): there in that circumstance did they make substantive

[1:20:40] Trustee McConchie (probable): changes did they all just scrap everything has that ever happened

[1:20:43] Voice 12: not not the whole bylaws no

[1:20:45] Voice 12: no okay

[1:20:46] Voice 12: because i mean the bulk of the bylaw if you parse a bylaw apart most of it's been the same

[1:20:51] Voice 12: for 50 years now really most things don't change in a substantial way so it's usually okay there's

[1:20:59] Voice 12: one or two things that the incoming local trust committee disagrees with what the outgoing local

[1:21:06] Voice 12: trust committee did and so they'll just make further amendments to it yeah

[1:21:10] Trustee McConchie (probable): so then you know

[1:21:12] Trustee McConchie (probable): in hindsight this term as our local trust committee well i think will be remembered as the term where

[1:21:18] Trustee McConchie (probable): we worked extraordinarily hard to address some of the long-standing issues to present it to the

[1:21:23] Trustee McConchie (probable): community in as transparent a possible way and to ask the community for support for it i think i

[1:21:32] Trustee McConchie (probable): think i think this is a sound uh public policy and political uh approach uh that that will assist

[1:21:41] Trustee McConchie (probable): greatly in having the community buy-in i just wanted to reiterate that uh i don't really have

[1:21:45] Trustee McConchie (probable): anything else to mention about the uh

[1:21:47] Voice 7: the staff report or anything all right then is there anything

[1:21:57] Trustee Patrick (probable): else we need to do today?

[1:22:00] Voice 15: I would recommend giving second reading to the bylaws and what that would

[1:22:05] Voice 15: mean is if this LTC or the next LTC needs to make further amendments, now correct me if I'm wrong

[1:22:12] Voice 15: Robert, that what they would do is rescind second reading, make those amendments and then give

[1:22:19] Voice 15: second reading again.

[1:22:20] Voice 12: Yeah and just logically if you look at the bylaw now that's on the website

[1:22:25] Voice 12: site it's got first reading may 24th and then you made some amendments to it in august and so

[1:22:31] Voice 12: someone looking at it will think oh this was the bylaws of may 24th but it's not actually you've

[1:22:36] Voice 12: made further amendments to it okay

[1:22:39] Trustee McConchie (probable): um i'm sorry trustee morrison i was just going to read what

[1:22:42] Trustee McConchie (probable): uh yeah

[1:22:43] Voice 3: no i'm good i'm good to go ahead and do it yeah yeah

[1:22:46] Trustee McConchie (probable): so i moved that the north pender

[1:22:48] Trustee McConchie (probable): island local trust committee draft bylaw number 223 said it is north pender island official

[1:22:52] Trustee McConchie (probable): official community plan bylaw number 171, 2007,

[1:22:54] Trustee McConchie (probable): amendment number 1, 2021,

[1:22:56] Trustee McConchie (probable): be read a second time as amended.

[1:22:59] Trustee Patrick (probable): Is there a second?

[1:23:00] Trustee Patrick (probable): Seconded.

[1:23:01] Trustee Patrick (probable): Seconded by Trustee Morrison.

[1:23:02] Trustee Patrick (probable): Any discussion?

[1:23:04] Trustee Patrick (probable): I'll call the vote.

[1:23:05] Trustee Patrick (probable): All those in favor?

[1:23:07] Trustee Patrick (probable): And that's carried.

[1:23:09] Trustee McConchie (probable): But the North Pender Island Local Trust Committee

[1:23:11] Trustee McConchie (probable): proposed bylaw number 224,

[1:23:13] Trustee McConchie (probable): set it as North Pender Island land use,

[1:23:14] Trustee McConchie (probable): bylaw number 224, 2022,

[1:23:16] Trustee McConchie (probable): be read a second time as amended.

[1:23:19] Trustee Patrick (probable): Second.

[1:23:19] Trustee Patrick (probable): Seconded by Trustee Morrison.

[1:23:20] Trustee Patrick (probable): Any discussion?

[1:23:25] Trustee Patrick (probable): I'll call the vote.

[1:23:26] Trustee Patrick (probable): All those in favor?

[1:23:29] Trustee McConchie (probable): I move that the North Pender Island-

[1:23:31] Trustee McConchie (probable): Carried.

[1:23:32] Trustee McConchie (probable): Carried, thank you.

[1:23:33] Trustee McConchie (probable): I move that the North Pender Island Local Trust Committee

[1:23:35] Trustee McConchie (probable): draft bylaw number 229,

[1:23:36] Trustee McConchie (probable): set it as North Pender Island land use bylaw number 24,

[1:23:39] Trustee McConchie (probable): 2022, amendment number 1, 2022,

[1:23:41] Trustee McConchie (probable): be read a second time as amended.

[1:23:45] Trustee Patrick (probable): Seconded by Trustee Morrison.

[1:23:46] Trustee Patrick (probable): Any discussion?

[1:23:49] Trustee Patrick (probable): Call the vote.

[1:23:50] Trustee Patrick (probable): All those in favor?

[1:23:52] Trustee Patrick (probable): And that's carried.

[1:23:54] Trustee McConchie (probable): And we've clarified the meeting date of October 1st.

[1:23:58] Trustee McConchie (probable): um and that's about it and

[1:24:01] Voice 3: so just to just to emphasize that reading it into second reading

[1:24:05] Voice 3: right now is just to update the files on the website to make sure that we have a clean version

[1:24:11] Voice 3: that we're working from that's sort of most of what we we mean to to go forward into the next

[1:24:17] Voice 3: term we'll likely make some changes at that october 1st meeting and then reread it into

[1:24:23] Voice 3: second reading so that it can go forward um to the next term all right please get your friends out

[1:24:31] Voice 3: to the community information meeting on the first will be very helpful thank you yeah

[1:24:36] Trustee McConchie (probable): and uh i just

[1:24:37] Trustee McConchie (probable): want to thank um thank the staff for for working so hard this term on on all of these initiatives

[1:24:44] Trustee McConchie (probable): uh it has not been easy i would i think i think it should it might be not a very big market but

[1:24:50] Trustee McConchie (probable): a book should be written about this term because it was a wild term for trust for trust council

[1:24:55] Trustee McConchie (probable): and trustees uh but uh like my analogy about a family conversation at the beginning of the

[1:25:02] Trustee McConchie (probable): you know i i think we're at the part where we're now sitting down and everyone's calm

[1:25:06] Trustee McConchie (probable): calm down and we're we're ready to really get into now we've aired everything we're ready to get

[1:25:12] Trustee McConchie (probable): to the substantive part of our our uh our protection and preserve which is the mandate

[1:25:17] Trustee McConchie (probable): of the islands trust so uh thank you very much guys thank

[1:25:22] Voice 7: you and

[1:25:24] Voice 3: okay go ahead sorry what i i

[1:25:28] Voice 3: just i have a couple texts from community members so while we're not going to have a like end town

[1:25:34] Voice 3: hall at this meeting just really do realize that bring your conversation and your comments anything

[1:25:39] Voice 3: that you want to the october 1st meeting so that we can add in um any detail to that do let us know

[1:25:47] Voice 3: in advance and ccm on any of those correspondencies so we can all keep in the loop about any other

[1:25:52] Voice 3: suggestions so that we can put the best version of this forward thank you yes

[1:25:57] Trustee Patrick (probable): if you send your

[1:25:58] Trustee Patrick (probable): emails to your to the trustees and you copy south info at islandstress.bc.ca that one makes sure

[1:26:04] Trustee Patrick (probable): everybody gets uh gets the email thank you

[1:26:08] Trustee McConchie (probable): and i can just add uh also there will be an all candidates

[1:26:11] Trustee McConchie (probable): uh meeting i've talked to one of the editors of the pender post so for those running for north

[1:26:16] Trustee McConchie (probable): pender trustee south pender trustee and crd uh directorship which has not been established yet

[1:26:21] Trustee McConchie (probable): until the september 9th end of the nomination period there will be an all candidates debate

[1:26:24] Trustee McConchie (probable): i'm not exactly sure exactly when the date they're hosting but they usually host it in the

[1:26:28] Trustee McConchie (probable): late september early october uh range so that's also a great opportunity for folks to ask questions

[1:26:35] Trustee McConchie (probable): of candidates uh and i hope that the line use bylaw review that we've put into will be part

[1:26:40] Trustee McConchie (probable): of substantive part of the conversation all

[1:26:44] Trustee Patrick (probable): right there's no other business i guess we need a motion

[1:26:50] Trustee Patrick (probable): to adjourn i'd

[1:26:51] Voice 10: like to make a motion to adjourn

[1:26:52] Trustee Patrick (probable): is there a second second by jesse morrison i'll

[1:26:55] Trustee Patrick (probable): just call the vote all those in favor and we are adjourned all right well thank you everyone for

[1:27:01] Trustee Patrick (probable): being here thank you all thanks and

[1:27:03] Trustee Patrick (probable): we'll see you on the 29th will be our next regular meeting and

[1:27:07] Trustee Patrick (probable): and then this community information slash special meeting

[1:27:10] Trustee Patrick (probable): on October 1st.

[1:27:12] Trustee McConchie (probable): Thanks, Judge Patrick.

[1:27:13] Trustee McConchie (probable): Thanks, Trustee Morrison.

[1:27:14] Trustee Patrick (probable): Thank you, everybody.

[1:27:15] Trustee Patrick (probable): Bye-bye.

North Pender Local Trust Committee 
Special Meeting 
September 1, 2022 ADOPTED Page 1 of 5 
 
 
North Pender Island Local Trust Committee 
Minutes of Special Meeting 
 
Date:  
Location:  
September 1, 2022 
Electronic Meeting 
 
Members Present: Laura Patrick, Chair 
 Ben McConchie, Local Trustee 
 Deb Morrison, Local Trustee 
  
Staff Present: Kim Stockdill, Island Planner 
Robert Kojima, Regional Planning Manager 
 Robin Ellchuk, Recorder 
  
 
1. CALL TO ORDER 
Chair Patrick called the meeting to order at 3pm.  She acknowledged that the meeting was being 
held in traditional territory of the Coast Salish First Nations. 
2. APPROVAL OF AGENDA 
The following additions to the agenda were presented for consideration: addition of a Town Hall 
under 3. Business Items. 
By general consent the agenda was approved as amended. 
3. BUSINESS ITEMS 
 3.1.  TOWN HALL 
The below comments were made during the Town Hall. 
Susan Bennett: asked why the reduction of units was rescinded on the McKinnon Rd properties 
at the August 13, 2022 meeting.  Susan expressed concern about water availability and the 
environmental impact of the proposed density for McKinnon Rd.   
Trustee McConchie: the Local Trust Committee (LTC) and staff have worked with the property 
owners to reduce the density on the McKinnon Rd properties.   The owners have submitted a 
proposal to the LTC of what their development plans will be.   
Discussion regarding the Public Hearing and the protocols regarding when the density can be 
changed.  After the close of the Public Hearing the use or density cannot be changed. 
A D O P T E D 

 
North Pender Local Trust Committee 
Special Meeting 
September 1, 2022 ADOPTED Page 2 of 5 
 
Kathie D: expressed concerns regarding basement ceiling height and what is included in the 
floor area calculation of the dwelling.   
Discussion regarding floor area of basements and ceiling heights.  Capital Regional District’s 
calculation of square footage of livable space should be reviewed.  More discussion is needed 
regarding the basement ceiling heights as it relates to livable space. 
Dr. Peter Pare: questioned why the 15 metre setback from the natural boundary of the sea for 
buildings are not the same for streams and wetlands. 
Dr. Peter Pare: questioned why the setback for septic fields for industrial and commercial 
purposes do not include residential septic fields.  
Planner Stockdill:  the 15 metre setback is standard for buildings with regards to boundary of 
the sea.  Any setback that is within 30 metres of a stream would be flagged for a Development 
Permit (DP). 
Planner Stockdill:  There is a setback of 30 metre from the natural boundary of the sea and 
wells for residential dwelling’s septic fields and this is regulated by Island Health. 
Dr. Peter Pare:  questioned further why there would be a setback of 30 metre from the sea and 
not for freshwater sources as the fresh water sources would be a health concern as well. 
Dr. Peter Pare:  has a suggestion of a fence within the setbacks for safety concerns.  This was 
addressed and added to the bylaw amendments at the August 13, 2022 North Pender (NP) LTC 
Special Meeting that a fence can be within the setback for the natural boundary of the sea. 
Michael Sketch:  discussion regarding the setback from the natural boundary of the sea in 
regards to septic fields.  The Land Use Bylaw (LUB) is silent on this and it would be easy to put a 
clause into the bylaw.  A setback from a well should also should be included in the LUB. 
Rob Botterell:  requested the LTC not to pass the bylaws before the election.   
Joyce:  concerned with the confusion regarding the definition of a farm for tax purposes and a 
farm for zoning purposes.  Also the definition of agriculture use in Rural Residential 1 (RR1) & 
Rural Residential 2 (RR2) zoned land.   
Further discussion of clarification of farm and agricultural as principle use on the RR1 & RR2 
zoned land and clarification. 
Planner Stockdill:  the amendments in the bylaw do not permit agriculture as a principle use in 
RR1 & RR2 zoned land.  
Karen Bell:  outdoor lighting regulation was discussed and asked to be put on the agenda to 
possibly be in the amendments for the LUB.  The question was asked of how to proceed to have 
this issue included in the LUB bylaw amendments. 

 
North Pender Local Trust Committee 
Special Meeting 
September 1, 2022 ADOPTED Page 3 of 5 
 
Trustee Morrison:  answered that the lighting regulations would be put on the projects list for 
the next LTC because it is too late to put on the projects list in this term. 
Kathy Cronk:  addressed concerns regarding the density for McKinnon Rd due to septic systems 
issue and water shortages. Would like Trustees to reconsider the density of the McKinnon Rd 
property to a lower density. 
Trustee McConchie:  read a letter from Anne Burdett regarding site specific uses for her 
property.  Anne’s concern that there aren’t any site specific accessory uses allowed on the 
property.  Boat storage would be allowed but not uses regarding any other part of a business. 
Planner Stockdill: The property is allowed boat storage, if the owner wants to have boat 
maintenance or run a business as a use then they need to apply for a TUP or submit a rezoning 
application. 
 
3.2 Land Use Bylaw Review Project - Staff Report 
Planner Stockdill gave an overview of the bylaw amendments for bylaw Nos. 223, 224 & 229 
with regards to the motions that were carried in the August 11, 2022 & August 13, 2022 NP LTC 
meetings. 
Discussion regarding the public hearing whether to hold the public hearing before the end of 
this term or to wait until after the elections.  Further discussion regarding communications not 
allowed after a public hearing before an election could be an issue if the Trustees are running in 
the election they would be unable to discuss any further the amendments to the bylaws that 
were considered at the Public Hearing.  Holding a Community Information Meeting (CIM) at the 
next LTC regular meeting on September 29, 2022 instead of a public hearing to allow the 
community to further speak to their concerns might be an option. 
NP-2022-109 
It was Moved and Seconded, 
that the North Pender Island Local Trust Committee direct staff to schedule a 
special meeting and a community information meeting on October 1, 2022 
regarding the LUB Review Project. 
 CARRIED 
Discussion regarding the motion: 
The LTC will hold a CIM and within the meeting bring to discussion to include the following: 
 setbacks with regards to wetlands and streams;  
 residential septic field setbacks in the LUB Review as there are setbacks for industrial and 
commercial septic;  
 setbacks for septic systems from residential wells;  
 discussion regarding 1.5m heights for basements to calculate livable floor area (to possibly add 
to the building code);  

 
North Pender Local Trust Committee 
Special Meeting 
September 1, 2022 ADOPTED Page 4 of 5 
 
 outhouses;  
 definition of ‘farm’;  
 residential lighting; and  
 discussion of the pros and cons of the density for the McKinnon Rd property. 
NP-2022-110 
It was Moved and Seconded, 
that the North Pender Island Local Trust Committee proposed Bylaw No. 223, 
cited as “North Pender Island Official Community Plan Bylaw No. 171, 2007, 
Amendment No. 1, 2021” be amended by deleting Plan No. 2. 
CARRIED 
Discussion: 
Trustee Morrison addressed that this motion will be more consistent for the OCP to have the property 
as commercial zoned land. The motion will make the OCP & LUB review project more consistent. If the 
land owner would like to have the land use as residential they would need to apply for rezoning.   
 
NP-2022-111 
It was Moved and Seconded, 
that the North Pender Island Local Trust Committee Draft Bylaw No. 223, cited 
as “North Pender Island Official Community Plan Bylaw No. 171, 2007, 
Amendment No. 1, 2021”, be read a second time as amended. 
CARRIED  
NP-2022-112 
It was Moved and Seconded, 
that the North Pender Island Local Trust Committee proposed Bylaw No. 224, 
cited as “North Pender Island Land Use Bylaw No. 224, 2022”, be read a second 
time as amended.  
CARRIED 
NP-2022-113 
It was Moved and Seconded, 
that the North Pender Island Local Trust Committee draft Bylaw No. 229, cited 
as “North Pender Island Land Use Bylaw No. 224, 2022, Amendment No. 1, 
2022”, be read a second time as amended. 
CARRIED 
These motions have been carried to update the bylaws so that the version on the website is the 
current. 
Trustee Morrison encouraged community members to attend the NP LTC Special meeting and 
CIM on October 1, 2022 and to address their concerns, give suggestions and ask questions. 

 
North Pender Local Trust Committee 
Special Meeting 
September 1, 2022 ADOPTED Page 5 of 5 
 
Trustee McConchie mentioned that there will be an ‘all candidates’ debate to be hosted in late 
September or early October held on North Pender Island. 
 
4. ADJOURNMENT 
NP-2022-114 
It was Moved and Seconded, 
that the North Pender island Local Trust Committee adjourn the meeting. 
 
CARRIED 
This meeting was adjourned at 4:27pm. 
 
 
_____________________________ 
Laura Patrick, Chair 
 
___________________________ 
Certified Correct: 
Robin Ellchuk, Recorder