Thetis Island Local Trust Committee regular meeting, February 28, 2023

[0:00:00] Voice 9: Okay,

[0:00:00] Voice 8: good

[0:00:12] Voice 9: morning everyone. Are

[0:00:14] Voice 6: we live streaming Robin? Yes. Thank you. Good morning and thank you

[0:00:19] Voice 6: for joining us today for the electronic meeting of the Thetis Island Local Trust Committee.

[0:00:25] Voice 6: I want to begin this meeting by acknowledging that we are grateful to be able to live, work,

[0:00:32] Voice 6: play in the snow and gather in locations across the traditional territory of the Coast Salish

[0:00:38] Voice 6: peoples. Nations with interests in this local trust area include Penelakut tribe, Liyaksin

[0:00:46] Voice 6: First Nation, Cowichan tribes, Halalt First Nation, Cowichan First Nation, Snenemek First Nation,

[0:00:54] Voice 6: Stamenis First Nations, and Semi'amu First Nation. And we are so grateful to those nations for their

[0:01:01] Voice 6: continued stewardship and relationship to the lands and waters. I'm Toby Elliott. I'm elected

[0:01:07] Voice 6: here on Gabriola Island, and I'm chair of the Thetis Island Local Trust Committee. This is our

[0:01:12] Voice 6: first meeting of the year, so grateful to meet you all. It's unfortunate that we had to switch

[0:01:18] Voice 6: to an electronic meeting today, and I couldn't physically be on Thetis Island, but due to the

[0:01:23] Voice 6: snow, we thought it would be best to be safer than sorry. And of course, your two local trustees were

[0:01:30] Voice 6: We're joined by Thetis Island trustees, Peter Uckham and Ken Hunter.

[0:01:36] Voice 6: Thank you.

[0:01:37] Voice 6: And together we make up the Thetis Island Local Trust Committee.

[0:01:42] Voice 6: Do we have the director for the CVRD online?

[0:01:47] Voice 6: I don't think Lynn's joining us today.

[0:01:51] Voice 6: And this meeting is being live streamed and recorded for those who are unable to attend in person.

[0:01:57] Voice 6: The recording will be available on the Islands Trust website within the next few days.

[0:02:01] Voice 6: We have staff members joining us today.

[0:02:04] Voice 6: Hello, Vicky Bachman, our new minute taker.

[0:02:08] Voice 6: Did I pronounce your name okay?

[0:02:10] Voice 6: Thank you.

[0:02:12] Voice 6: And Renee Jamarat is our new regional planning manager.

[0:02:16] Voice 6: She might be joining us a little bit later.

[0:02:18] Voice 6: And Marlis McCargar, our island planner, who's been with us for the last three months, I believe.

[0:02:25] Voice 6: Six months.

[0:02:28] Voice 6: Awesome. So this meeting is an official forum for your local trust committee to make decisions

[0:02:33] Voice 6: about land use planning matters and discuss relevant business. And we always like to add

[0:02:38] Voice 6: and remind ourselves that it is a place of employment. So despite the fact that many

[0:02:44] Voice 6: staff are in their own homes, staff and your trustees have the right to a safe and respectful

[0:02:49] Voice 6: full workplace so calling this meeting to order um do we have any items to be added to the agenda

[0:02:59] Voice 6: or anything to be amended if not i'll take it by oh we have trustee luckham yeah

[0:03:07] Trustee Luckham (probable): good morning i um

[0:03:09] Trustee Luckham (probable): i'm just reflecting on the fact that we've changed to an electronic meeting and i was anticipating

[0:03:16] Trustee Luckham (probable): anticipating that we might get a public statement from bylaw enforcement regarding the status of

[0:03:25] Trustee Luckham (probable): open files on fetus. And of course, the rise in report is at the very end of the meeting,

[0:03:32] Trustee Luckham (probable): and not all members of the public might hang around for that. So I didn't sort of plan on

[0:03:38] Trustee Luckham (probable): this being not in person and where there might have been the ability to engage with the bylaw

[0:03:43] Trustee Luckham (probable): enforcement officer uh manager um so he's joining us apparently later and if it was convenient it

[0:03:50] Trustee Luckham (probable): i would like to have something perhaps prior to the in-camera session where he just provides a

[0:03:56] Trustee Luckham (probable): status a non-in-camera status report on by law enforcement for those uh folks that would be

[0:04:02] Trustee Luckham (probable): joining us uh uh as um as uh just as participants in our meeting just watching um and so if that's

[0:04:12] Trustee Luckham (probable): possible i'd like to place that on the agenda in the event that that comes to pass otherwise we'll

[0:04:17] Trustee Luckham (probable): simply get it at the end of the right of the bylaw enforcement in camera section great thank you

[0:04:25] Voice 6: trustee luckham i think at the break we can check if manager dingman is here and if he could give

[0:04:31] Voice 6: that report maybe just before new business or maybe during the new business section thank you

[0:04:37] Voice 8: um

[0:04:38] Voice 6: so if there's nothing else we'll take it by general consent that we've approved the agenda

[0:04:43] Voice 6: and move to trustee reports do we have any reports from our two local trustees

[0:04:48] Voice 6: no i'm just

[0:04:53] Voice 5: happy to be here again

[0:04:56] Voice 9: and

[0:04:59] Voice 5: uh looking forward to working with all you fine folks for the

[0:05:02] Voice 5: term um it's uh you know brand new to it again i was in for four years back in the 14 to 18 and i

[0:05:13] Voice 5: I probably didn't pay as much attention to it as I should have.

[0:05:16] Voice 5: So hopefully this time around, we'll be a little more attentive to all the details.

[0:05:24] Voice 5: Thank you.

[0:05:26] Voice 9: Thank you, Trustee.

[0:05:29] Trustee Luckham (probable): So certainly, I want to, well, I'll start kind of, this is sort of the first meeting of this LTC for this term.

[0:05:37] Trustee Luckham (probable): And it's great to be here, even though we're meeting electronically today.

[0:05:42] Trustee Luckham (probable): day but um i want to acknowledge the work of doug fenton and uh thanks him for his four years of

[0:05:49] Trustee Luckham (probable): service on the ltc and i know he'll be busy doing other uh things and then at the same time i want

[0:05:55] Trustee Luckham (probable): to welcome ken hunter back i'm glad to have you here and uh and look forward to working with you

[0:06:01] Trustee Luckham (probable): through this term we've got a few interesting things to do i'm sure you've got some things

[0:06:05] Trustee Luckham (probable): on your mind and when we get to the projects list today i'm sure we'll have an opportunity

[0:06:09] Trustee Luckham (probable): to to discuss those and toby elliott so very pleased to have you as the chair of our

[0:06:15] Trustee Luckham (probable): ltc and um we got advice yesterday about shuffling of uh planners uh for this ltc so marlis uh

[0:06:23] Trustee Luckham (probable): welcome pleased to have you uh working with us also um with respect to what's happened since

[0:06:30] Trustee Luckham (probable): our last ltc meeting um you know this is a quiet place um and uh there's certainly some activities

[0:06:37] Trustee Luckham (probable): There's a lot of interest in a particular file on the PEG property, the bylaw enforcement

[0:06:44] Trustee Luckham (probable): that's going on there.

[0:06:47] Trustee Luckham (probable): There was some conversations earlier in the year with BC Ferries and Penelakut Nation

[0:06:53] Trustee Luckham (probable): regarding the ferry terminal.

[0:06:54] Trustee Luckham (probable): There's ongoing conversations with respect to the government dock or the gubby dock called

[0:06:59] Trustee Luckham (probable): locally here, which is our emergency egress point for our first responders teams to get patients

[0:07:07] Trustee Luckham (probable): off the island. And that's in the hands of the Cowichan Valley Regional District

[0:07:15] Trustee Luckham (probable): and is going incredibly slowly. But I can't not emphasize that every time we have a call out,

[0:07:22] Trustee Luckham (probable): which is pretty regular, two or three already this week, our first responders are placed at risk

[0:07:29] Trustee Luckham (probable): by putting them on the roadway which is an inappropriate place for them to be in order

[0:07:33] Trustee Luckham (probable): to transfer patients as well as risk associated with the patient so that's uh ongoing activities

[0:07:40] Trustee Luckham (probable): that i'm involved in the final activity that was involved in is uh is a resurrection of a group

[0:07:45] Trustee Luckham (probable): that they call themselves the theta silent forum um trying to pull together all of the different

[0:07:50] Trustee Luckham (probable): different bodies, rate payers association, community associations, Islands Trust, I don't know, there's at least 10 different parties, it's hard to imagine on an island of less than 400 people that there's 10 different bodies that do things on the island, but there we go.

[0:08:11] Trustee Luckham (probable): So, and so I've attended a couple of those meetings it's hard to say how that will progress, but trying to share ideas and work together for the betterment of Theta so happy to been engaged in that.

[0:08:29] Trustee Luckham (probable): that. So that's it for my report. Nothing else. Although obviously, through the through the

[0:08:38] Trustee Luckham (probable): election, we've got Mr. McClinton is our new regional director, not seeing him here today,

[0:08:44] Trustee Luckham (probable): he does know that there's a standing invitation, I believe. And yeah, electoral area directors

[0:08:52] Trustee Luckham (probable): report on our agenda here. So there was a couple of referenda that happened through that election

[0:09:02] Trustee Luckham (probable): that involved Theta Silent contributing to recreational centers throughout the Cowichan

[0:09:09] Trustee Luckham (probable): Valley, which generally the population felt didn't represent Theta Silent's interests because we're

[0:09:16] Trustee Luckham (probable): very little, we have very little use of those facilities, although there's certainly some,

[0:09:21] Trustee Luckham (probable): um and that that uh there's some hope that that might be revisited in some way in order to uh

[0:09:28] Trustee Luckham (probable): make that more equitable not only the fetus but to some of the other

[0:09:32] Trustee Luckham (probable): smaller areas within the regional district which includes salter

[0:09:40] Trustee Luckham (probable): way out lake lake college in there those very small communities that also have very limited

[0:09:48] Trustee Luckham (probable): access to the recreational facilities, although certainly recreation is a benefit to everyone

[0:09:52] Trustee Luckham (probable): and active communities is a benefit to everyone. So it needs to, the perception is it should be

[0:09:58] Trustee Luckham (probable): more equitable. So I just wanted to mention that in passing and that will conclude my report. Thank

[0:10:03] Trustee Luckham (probable): you.

[0:10:05] Voice 6: Thank you so much, Trustee Luckham. I'm very glad to be here with you all virtually. I was

[0:10:13] Voice 6: looking forward to being on Thetis. I must admit I have only ever sailed past Thetis Island. I have

[0:10:20] Voice 6: not in fact set foot um every couple of years there's a barefoot raid that leaves from silva

[0:10:28] Voice 6: bay and it's all sail or uh or powered boats and one year we we did go south and tried to

[0:10:36] Voice 6: get all the way down to tumbo and cabbage didn't quite make it made it as far as south pender but

[0:10:43] Voice 6: um we did get to pass thetis and then so yeah i'm looking forward to being on your island at

[0:10:50] Voice 6: some point um yeah i could fill you in on gabriela's doings but uh i think it's a little

[0:10:56] Voice 6: much for this meeting i'm also the liaison for the islands trust conservancy so if anyone has

[0:11:02] Voice 6: any questions about uh conservancy work i've been really um happy to be engaged with that and um

[0:11:09] Voice 6: i see that as one of the most important um conservation foci of of the islands trust

[0:11:18] Voice 6: us. That's where the real planning and management of our ecosystems protection sort of meets

[0:11:28] Voice 6: the mandate. And so I'm very excited about the next couple of years. So

[0:11:33] Voice 6: I don't really have anything else to report. We don't have an electoral area director here,

[0:11:38] Voice 6: do we in the meeting room nope okay so i noted that oh did somebody send me a note about

[0:11:51] Voice 6: warren being in the i do see that we have um warren dingman in the attendees list so perhaps

[0:12:00] Voice 6: i'll promote him and after the public comment we could uh ask him for that sort of general

[0:12:07] Voice 6: report that you were speaking of trustee luckham what do you think

[0:12:10] Trustee Luckham (probable): that would be very excellent

[0:12:12] Trustee Luckham (probable): thank you appreciate that

[0:12:13] Voice 6: okay great so if there's no further comments from trustees or the chair

[0:12:19] Voice 6: we'll move into the public comment part of our meeting so if anybody who is attending would like

[0:12:27] Voice 6: to speak um if you could please lower or raise your digital hand and we'll recognize you and

[0:12:34] Voice 6: promote you to panelists if we have anyone uh wanting to speak to your trustees today

[0:12:45] Voice 9: do not see anyone robin is there any indication no all right

[0:12:54] Voice 9: i don't see anyone raising their hat

[0:12:56] Voice 9: yeah

[0:12:57] Voice 6: we've got trustee luckham yeah

[0:13:01] Trustee Luckham (probable): just i'm noting that um todd russell with what looks

[0:13:06] Trustee Luckham (probable): like abrupt uh shellfish um in the

[0:13:09] Trustee Luckham (probable): audience there and they should know that they might they have an

[0:13:14] Trustee Luckham (probable): opportunity to speak during the application discussion rather than in the public comment

[0:13:19] Trustee Luckham (probable): section

[0:13:19] Voice 6: right thank you for that i do see one hand if we can promote that person to panelists

[0:13:26] Voice 6: mr duncan

[0:13:27] Voice 9: and i'll ask him to unmute can you hear me

[0:13:42] Voice 9: now oh

[0:13:43] Voice 6: yes we can thank you mr

[0:13:46] Voice 3: Yeah. Hi, Peter and Ken. Peter, we've talked in the past about the ship's anchorage.

[0:13:53] Voice 3: I tried to raise it at the December meeting. That wasn't allowed, I guess, because of timing.

[0:14:01] Voice 3: From what I'm hearing is the number of ships are increasing over time and the length of stay

[0:14:09] Voice 3: is also increasing.

[0:14:12] Voice 3: There seems to be some people

[0:14:15] Voice 3: that have worked on this for quite a while

[0:14:17] Voice 3: who are getting frustrated

[0:14:20] Voice 3: and feeling we're not going anywhere.

[0:14:24] Voice 3: I know that in the past,

[0:14:28] Voice 3: there's been a lot of activity,

[0:14:30] Voice 3: even discussing this with the Minister of Transport.

[0:14:34] Voice 3: But I guess my question is,

[0:14:36] Voice 3: what are we going to do now

[0:14:38] Voice 3: in the light of the Port of Vancouver continuing to use their public relations to suggest that the

[0:14:48] Voice 3: ships are not causing a major problem. So the question is, where are we going with this? Not

[0:14:57] Voice 3: so much what have we done, but what are we going

[0:14:59] Voice 9: to be doing in the future?

[0:15:08] Voice 6: Thank you, Mr. Duncan, for that comment. Trustee Luckham?

[0:15:12] Trustee Luckham (probable): Would, Chair, would you like me to just respond?

[0:15:15] Trustee Luckham (probable): Sure.

[0:15:15] Voice 6: Yeah, and I could give some notes from Gabriela's perspective,

[0:15:18] Voice 6: where there's a very active advocacy group here, too, as well.

[0:15:22] Trustee Luckham (probable): Yeah. So thank you, Paul, for joining us today. Indeed, I'm one of those people that's

[0:15:29] Trustee Luckham (probable): very frustrated with what all of that, what has not happened in terms of the federal government

[0:15:37] Trustee Luckham (probable): engagement engaging with us on this topic. And indeed, the vessel traffic just continues to

[0:15:45] Trustee Luckham (probable): grow and become more and more less and less appetizing, I think. It's hard to say what

[0:15:54] Trustee Luckham (probable): you want to call it. But anyway, it's definitely frustrating. Unfortunately, we've had little

[0:16:00] Trustee Luckham (probable): little uptake with the new minister since the minister changed years ago now and since the

[0:16:08] Trustee Luckham (probable): election. And certainly it's a file that, as you know, I'm very personally interested in

[0:16:15] Trustee Luckham (probable): promoting it across the Island Trust area to try and get better response from the government on

[0:16:22] Trustee Luckham (probable): this i can only say that uh we will continue to um try to re-engage the new government in this

[0:16:31] Trustee Luckham (probable): process um certainly the ports handing it over to the port to resolve vessel efficiencies is not in

[0:16:41] Trustee Luckham (probable): the best interest of the islands trust area or the residents of the islands um and i've raised that

[0:16:48] Trustee Luckham (probable): that point. And so there's more discussion to be had there. It's certainly not going to go away

[0:16:53] Trustee Luckham (probable): from anybody that's actively interested in it. And I can only say we're going to continue

[0:17:01] Trustee Luckham (probable): working on that file to try and raise the profile to get what has never happened is

[0:17:08] Trustee Luckham (probable): serious engagement with community on this. So thank you, Paul. And thank you to everybody

[0:17:13] Trustee Luckham (probable): I was

[0:17:17] Voice 6: going to echo what you said, Trustee Luck, engagement with the community, I think, is one of the key strategies that can promote this beyond our local concerns to the provincial government, which is where we need to be advocating.

[0:17:34] Voice 6: kidding um i wonder if there's been any uh i know there was warren dingman there was there

[0:17:43] Voice 6: someone on thetis who was speaking about a noise a nuisance a noise infraction and looking into that

[0:17:50] Voice 6: as um mr

[0:17:53] Trustee Luckham (probable): stewart has uh opened up a file with warren and and indeed perhaps when we do get to

[0:17:59] Trustee Luckham (probable): to hear from warren um he might want to say what he can in a public forum and i

[0:18:06] Trustee Luckham (probable): also noticed that

[0:18:07] Trustee Luckham (probable): paul duncan's hand is still up

[0:18:08] Voice 6: mr duncan were you um finished and uh if we can move on to

[0:18:16] Voice 6: anybody else who'd like to speak although

[0:18:21] Trustee Luckham (probable): warren's hand is up so perhaps he might

[0:18:23] Voice 6: warren did you want

[0:18:24] Voice 6: to respond to that or or just go into a general discussion on um bylaw situation on thetis right

[0:18:30] Voice 6: now we can promote oh

[0:18:36] Voice 9: there he is oran

[0:18:46] Voice 6: uh did did you want to go ahead morning trustees

[0:18:48] Manager of Bylaw Compliance and Enforcement (probable): i can

[0:18:50] Manager of Bylaw Compliance and Enforcement (probable): weigh in on the anchorage issue um we did receive a complaint about the anchorages

[0:18:57] Manager of Bylaw Compliance and Enforcement (probable): i've now actually closed that file i investigated what i could and replied to the complainant

[0:19:05] Manager of Bylaw Compliance and Enforcement (probable): The actual anchorage sites from the evidence that I have are actually outside of the current marine or water zones under any land use bylaw.

[0:19:18] Manager of Bylaw Compliance and Enforcement (probable): So as such, as the water hasn't been zoned by Island Trust at all, we have no jurisdiction there.

[0:19:25] Manager of Bylaw Compliance and Enforcement (probable): there. And from the maps that I've been shown by the water taxi captains, these sites pre-exist

[0:19:36] Manager of Bylaw Compliance and Enforcement (probable): Islands Trust by, you know, maybe 20 years or more. So they would be lawful non-conforming

[0:19:41] Manager of Bylaw Compliance and Enforcement (probable): anyway, if there was some contravention of a land use bylaw. So as far as that complaint and

[0:19:48] Manager of Bylaw Compliance and Enforcement (probable): the issues that we can take up uh now i informed the complainant that we have no jurisdiction

[0:19:57] Manager of Bylaw Compliance and Enforcement (probable): and i've now closed that file um

[0:20:02] Voice 6: and as terms of noise um we don't have jurisdiction over noise

[0:20:06] Voice 6: sort of pollution reaching residents no

[0:20:09] Manager of Bylaw Compliance and Enforcement (probable): the highlands trust can't has no authority to adopt

[0:20:13] Manager of Bylaw Compliance and Enforcement (probable): a nuisance noise bylaw that's entirely up to regional districts uh to adopt those uh bylaws

[0:20:22] Manager of Bylaw Compliance and Enforcement (probable): I mean, there are some issues in other parts of the Gulf Islands with, I think, with what the freighters are doing, and that has to do primarily with the planning authority that the port has.

[0:20:36] Manager of Bylaw Compliance and Enforcement (probable): The Gulf Islands aren't within their planning area.

[0:20:39] Manager of Bylaw Compliance and Enforcement (probable): So just like Islands Trust creates a plan and zones where they can engage in certain activities, there are some activities in the southern Gulf Islands, which I would say are of concern.

[0:20:51] Manager of Bylaw Compliance and Enforcement (probable): and you know it'd be good to get I need to get some further information from the port authority

[0:20:57] Manager of Bylaw Compliance and Enforcement (probable): and their stance on why they believe they can have that activity in the southern gulf islands

[0:21:00] Manager of Bylaw Compliance and Enforcement (probable): but as far as these areas in the north they're either totally outside of any island stress zone

[0:21:08] Manager of Bylaw Compliance and Enforcement (probable): which typically goes out a thousand meters or they're off a first nations reserve so again we

[0:21:14] Manager of Bylaw Compliance and Enforcement (probable): don't have land use zoning authority there and we can't do anything about light and noise pollution

[0:21:20] Manager of Bylaw Compliance and Enforcement (probable): unfortunately thank

[0:21:23] Voice 6: you manager dangman so this appears to be an advocacy issue that we need to

[0:21:27] Voice 6: keep raising if we can't go after through bylaw i know that there's one more person who wishes to

[0:21:32] Voice 6: speak um but trustee luckham did you want to say anything on this issue well

[0:21:38] Trustee Luckham (probable): yeah just to fill in

[0:21:40] Trustee Luckham (probable): a little bit more information there uh for the public mostly warn and i'm sure you're aware of

[0:21:46] Trustee Luckham (probable): it but the no jurisdiction um issue is certainly of interest because of course it's the island

[0:21:54] Trustee Luckham (probable): trust area for which we have overall uh the mandate to preserve and protect from with respect

[0:22:01] Trustee Luckham (probable): to working as an agency at the crown um but the interesting thing is that uh i've never heard

[0:22:07] Trustee Luckham (probable): somebody say before that those uh anchorages were designated prior to the island's trust

[0:22:13] Trustee Luckham (probable): um certainly there's always been the um i forget the phrase that's used now but the oceans the

[0:22:23] Trustee Luckham (probable): right to anchor uh in uh in times of uh emergency etc has existed uh forever it would seem or not

[0:22:31] Trustee Luckham (probable): forever but since colonial times and um and um the interesting thing is is when you dig into this

[0:22:40] Trustee Luckham (probable): deeper what you find is that there's no documentation that supports that those

[0:22:45] Trustee Luckham (probable): locations were ever actually designated and so they're just simply being used and there has

[0:22:53] Trustee Luckham (probable): never been consultation and that's an important point I think for us is that ships are just

[0:23:00] Trustee Luckham (probable): simply using it without although they call them designated anchorages when you ask somebody to

[0:23:05] Trustee Luckham (probable): to actually find the documentation that demonstrates that when where and how it doesn't exist and I've

[0:23:12] Trustee Luckham (probable): had federal government employees admit that they can't find it which is interesting because that

[0:23:17] Trustee Luckham (probable): means it's lost or never happened and I don't know if you have any confirmation on that and then

[0:23:24] Trustee Luckham (probable): indeed I will stop using up the airtime and allow I think it was Linda and Paul Duncan they wanted

[0:23:29] Trustee Luckham (probable): to add something to the conversation.

[0:23:35] Voice 6: Thank you for that, Trustee Lockhams.

[0:23:38] Voice 6: Linda, you had your hand up earlier. Would you like to speak?

[0:23:46] Voice 6: May have to turn on your microphone. There you are. Oh,

[0:23:55] Voice 6: okay. Linda's saying I have no mic.

[0:23:58] Voice 6: Would you like me to ask the question that you asked in the chat?

[0:24:02] Voice 6: that. Okay. So her question to the trustees, what is the status of lot 88? Did the trust receive

[0:24:13] Voice 6: approval for Buddy to start cleanup? Lot 88. Does anybody have any clarity on that?

[0:24:21] Trustee Luckham (probable): That's in fact the lot that I asked that if Warren could provide after public comment period,

[0:24:28] Trustee Luckham (probable): period, something that he can provide to the community with regard to the status that is

[0:24:35] Trustee Luckham (probable): of a non-in-camera nature, because obviously there's some solicitor client privilege information

[0:24:42] Trustee Luckham (probable): that he's going to provide us later, but perhaps he could provide an update so that members

[0:24:47] Trustee Luckham (probable): of the community can be aware of what's going on there.

[0:24:50] Voice 6: Great idea.

[0:24:51] Voice 6: Thank you.

[0:24:53] Voice 6: Paul Duncan, you still have your hand up.

[0:24:56] Voice 6: did you want to respond to anything that you heard or further questions uh

[0:25:07] Voice 3: yes please i i guess when

[0:25:09] Voice 3: i hear us talk about engaging with the community i'm wondering if there's a role here for islands

[0:25:18] Voice 3: trust to facilitate the different uh groups across the islands who are interested in the ship's

[0:25:26] Voice 3: anchorage as a way of us sharing information collaborating and coming up with some firm

[0:25:34] Voice 3: actions as opposed to what appears to be right now each island is kind of doing its own thing

[0:25:40] Voice 3: thank

[0:25:47] Voice 6: you for that um in in fact in the southern gulf islands they have what's called the southern

[0:25:54] Voice 6: gulf islands forum and i've just been joining in some of those discussions and they do discuss

[0:26:00] Voice 6: us a broad range of topics that are of interest to the collection of islands in the south so that

[0:26:08] Voice 6: personally it's something that i would love to explore we do need sort of a champion and a

[0:26:12] Voice 6: cheerleader to bring that together um does anybody have an advice about how to carry this forward

[0:26:19] Voice 6: because i do think it's a yeah more collected voices would be better trustee luckham yeah thank

[0:26:25] Trustee Luckham (probable): thank you for raising the southern gulf island forum there because indeed the anchorages has

[0:26:30] Trustee Luckham (probable): been a topic of discussion there and the southern gulf island forum is actually a body that's

[0:26:37] Trustee Luckham (probable): hosted by the islands trust and uh mla olson's office and um he has brought together people on

[0:26:47] Trustee Luckham (probable): the anchorages it has been a topic of discussion where uh our mmp alistair mcgregor and elizabeth

[0:26:54] Trustee Luckham (probable): May and the Southern Gulf Islands have all been to to discuss certainly his and so I've attended

[0:27:02] Trustee Luckham (probable): those more broadly as the Salt Spring representative in the Gulf Island and the

[0:27:07] Trustee Luckham (probable): Islands Trust representative but also expressing the interest in the Anchorage file in this region

[0:27:13] Trustee Luckham (probable): and I would say that actually the Anchorage's groups themselves have actually are reasonably

[0:27:19] Trustee Luckham (probable): well organized and do have some conversations and a consolidated front articulating a common

[0:27:31] Trustee Luckham (probable): message. And I think we certainly need to continue to encourage that. And so this opportunity to have

[0:27:39] Trustee Luckham (probable): some conversations there with those individual bodies and think about where the Anchorage's

[0:27:47] Trustee Luckham (probable): file sits as a priority on the Island Trust agenda to determine how much energy and resources

[0:27:52] Trustee Luckham (probable): can be applied to it.

[0:27:53] Trustee Luckham (probable): But that's a good suggestion, Paul, and I certainly personally would take that into

[0:27:57] Trustee Luckham (probable): consideration and see what can be done.

[0:28:02] Voice 6: And I will note that just the information that I have from Gabriela constituents is

[0:28:07] Voice 6: that there was, is it application for 20 new anchor sites or the investigation into

[0:28:16] Voice 6: to 20 new anchor sites nearby and so I think this is a file that's definitely um we need to be on it

[0:28:25] Voice 6: so thank you for that reminder sir anything else uh Paul and if not we'll turn to um uh manager

[0:28:33] Voice 6: Warren Dingman before

[0:28:36] Trustee Luckham (probable): we move off of this uh chair if that's all right

[0:28:39] Voice 8: you've

[0:28:40] Trustee Luckham (probable): just said something

[0:28:41] Trustee Luckham (probable): very alarming yes and I would want to be sure that that's factual because I have not heard

[0:28:47] Trustee Luckham (probable): anything about 20 anchorage sites that would be appalling to tell you

[0:28:51] Voice 8: there's

[0:28:52] Trustee Luckham (probable): certainly the four

[0:28:53] Trustee Luckham (probable): outside of gabriola have been an issue for five years of which there's been no advancement and

[0:28:59] Trustee Luckham (probable): certainly i've not heard anything about that expanding so i would appreciate that information

[0:29:04] Trustee Luckham (probable): being shared because of course we need to be sure that we have the facts and 20 anchorage sites

[0:29:13] Trustee Luckham (probable): would be there isn't 20 places to anchor vessels absolutely

[0:29:18] Voice 6: and i apologize for um alarming i had

[0:29:22] Voice 6: asked the person who presented this to me to present as a delegation to islands trust council

[0:29:28] Voice 6: because there is a lot of information that's floating around and this was part of an email

[0:29:37] Voice 6: informing trustee Yates and I.

[0:29:39] Voice 6: And so, but I have not verified it.

[0:29:41] Voice 6: So thank you for that caution

[0:29:43] Voice 6: that I shouldn't be putting information

[0:29:44] Voice 6: like that out there.

[0:29:46] Voice 6: But I really would appreciate

[0:29:48] Voice 6: if somebody would make a delegation,

[0:29:49] Voice 6: a presentation to trust council

[0:29:52] Voice 6: to update this new council

[0:29:54] Voice 6: on strategies and tactics

[0:29:57] Voice 6: and what you're experiencing.

[0:30:00] Voice 6: off the um off the islands and in

[0:30:03] Voice 9: the water manager

[0:30:10] Voice 6: dingman um would you be willing to

[0:30:13] Voice 6: offer a report or an update on uh the file and anything that's uh we can comment on publicly

[0:30:20] Voice 6: at this point that was asked uh about lots yes

[0:30:25] Manager of Bylaw Compliance and Enforcement (probable): yes so i can uh brief you that so on friday uh

[0:30:29] Manager of Bylaw Compliance and Enforcement (probable): our legal counsel was in court again on the matter for Mr. Pegg.

[0:30:35] Manager of Bylaw Compliance and Enforcement (probable): We have a new injunction order that will need to be served upon Mr. Pegg,

[0:30:44] Manager of Bylaw Compliance and Enforcement (probable): and he will be given another 90 days to comply to clean up his property.

[0:30:50] Manager of Bylaw Compliance and Enforcement (probable): And if he fails to do so after 90 days,

[0:30:53] Manager of Bylaw Compliance and Enforcement (probable): we will then have to pursue go back to court and pursue possible contempt to possibly get

[0:31:01] Manager of Bylaw Compliance and Enforcement (probable): a contempt order if he continues to refuse to clean up that property and next steps i can

[0:31:07] Manager of Bylaw Compliance and Enforcement (probable): brief the trustees uh in camera okay

[0:31:14] Voice 9: thank

[0:31:16] Voice 6: you warren um is there anything else trustees that

[0:31:20] Voice 6: that you'd like to hear, Trustee Lethem.

[0:31:23] Trustee Luckham (probable): Yeah, just for the public record

[0:31:25] Trustee Luckham (probable): and appreciate all the work that you do, Warren.

[0:31:28] Trustee Luckham (probable): And I know that these legal processes

[0:31:31] Trustee Luckham (probable): are very time consuming and often it seems

[0:31:34] Trustee Luckham (probable): that the whim and mercy of the courts.

[0:31:36] Trustee Luckham (probable): However, for the years that this has been going on,

[0:31:40] Trustee Luckham (probable): let's call it five years, just to throw out a number.

[0:31:43] Trustee Luckham (probable): I think it might be longer than that.

[0:31:45] Trustee Luckham (probable): This community continues to run serious risk

[0:31:48] Trustee Luckham (probable): risk of health and safety, continued diminishment of saleability or property value of adjacent

[0:31:58] Trustee Luckham (probable): properties. We can't get this sorted out soon enough. And, you know, I continue to recommend

[0:32:07] Trustee Luckham (probable): to the property, those involved in the property, that it's in their best interest to get that site

[0:32:14] Trustee Luckham (probable): cleaned up but no work happens and um when we we've had information um but it's all too little

[0:32:24] Trustee Luckham (probable): too late and this community is uh feeling a significant amount of risk associated with that

[0:32:30] Trustee Luckham (probable): property thank you may

[0:32:35] Voice 6: i ask just for my own information how long has this file been open

[0:32:39] Voice 6: and the issue been sort of in front of the public just the file

[0:32:45] Manager of Bylaw Compliance and Enforcement (probable): was opened in uh 2019

[0:32:47] Manager of Bylaw Compliance and Enforcement (probable): 2019.

[0:32:47] Voice 6: Okay. I

[0:32:49] Manager of Bylaw Compliance and Enforcement (probable): think there were some inquiries about it before that date, but the file was open

[0:32:53] Manager of Bylaw Compliance and Enforcement (probable): in 2019. Violation notices have been issued, gone unpaid, but placed on title. So that was

[0:33:02] Manager of Bylaw Compliance and Enforcement (probable): ineffective. And then finally legal action was approved by the local trust committee.

[0:33:06] Manager of Bylaw Compliance and Enforcement (probable): And since that time, we've been going through these different notices, court orders being

[0:33:14] Manager of Bylaw Compliance and Enforcement (probable): delivered to the property owner and then unfortunately no action being taken so we've

[0:33:21] Manager of Bylaw Compliance and Enforcement (probable): had to continue with site visits documenting what's on the property uh going going back to

[0:33:27] Manager of Bylaw Compliance and Enforcement (probable): court and moving this forward step by step um but hopefully this year we'll have some

[0:33:34] Manager of Bylaw Compliance and Enforcement (probable): uh a concrete decision on you know when we can try and move in and actually clean up the property

[0:33:42] Manager of Bylaw Compliance and Enforcement (probable): at the owner's expense

[0:33:43] Manager of Bylaw Compliance and Enforcement (probable): and then it would be charged back to his property.

[0:33:47] Manager of Bylaw Compliance and Enforcement (probable): It has unfortunately been very time consuming.

[0:33:52] Voice 6: Thank you.

[0:33:53] Voice 6: Trustee Hunter.

[0:33:55] Voice 5: Yes, there's something in the,

[0:33:57] Voice 5: where it says a trustee is not allowed to help a person

[0:34:01] Voice 5: that has a bylaw infraction against them.

[0:34:06] Voice 5: Now, does that mean we as trustees

[0:34:09] Voice 5: would not be able to offer assistance to the person

[0:34:13] Voice 5: or I mean if they're a friend of ours how does that work exactly you know we're trying to find

[0:34:19] Voice 5: a resolution to it so if someone could please speak to that.

[0:34:27] Manager of Bylaw Compliance and Enforcement (probable): So chair the policy is that

[0:34:29] Manager of Bylaw Compliance and Enforcement (probable): trustees and it may even reference local trust committee should not be involved in investigations

[0:34:33] Manager of Bylaw Compliance and Enforcement (probable): the investigation into this is actually complete and that's why violation notices were issued

[0:34:40] Manager of Bylaw Compliance and Enforcement (probable): and ultimately court action taken.

[0:34:43] Manager of Bylaw Compliance and Enforcement (probable): So that's something we can discuss further in camera

[0:34:47] Manager of Bylaw Compliance and Enforcement (probable): as far as what the trustees,

[0:34:50] Manager of Bylaw Compliance and Enforcement (probable): what a strategy might be in trying to deal with Mr. Pegg's property

[0:34:54] Manager of Bylaw Compliance and Enforcement (probable): and what trustees can do.

[0:34:58] Manager of Bylaw Compliance and Enforcement (probable): But that policy was speaking directly,

[0:35:02] Manager of Bylaw Compliance and Enforcement (probable): in my interpretation, to actual ongoing investigations.

[0:35:05] Manager of Bylaw Compliance and Enforcement (probable): investigations we've moved on from that for several years now after you know the investigation

[0:35:13] Manager of Bylaw Compliance and Enforcement (probable): was really complete and determined there's the contraventions and legal action was taken

[0:35:17] Manager of Bylaw Compliance and Enforcement (probable): great

[0:35:20] Voice 6: question and thank you for the response um any

[0:35:25] Voice 9: further questions or comments for the

[0:35:27] Voice 9: public comment period okay i

[0:35:35] Voice 6: think we can move on now um so we'll close this meeting to public

[0:35:39] Voice 6: public comments and move on to approving local trust committee minutes which I don't believe

[0:35:45] Voice 6: there is any um resolutions without meeting reports we have on page four dated February 21st

[0:35:54] Voice 6: I just noted there might have been one error in the uh time of the not a big deal but it was

[0:36:05] Voice 6: it said that this meeting was scheduled for 10 30 a.m and not 9 30 in that last resolution without

[0:36:11] Voice 6: without meeting so just might want to change that for the record if it's important um and there's

[0:36:19] Voice 6: no Advisory Planning Commission minutes and so we'll move on to follow-up action list and turn to

[0:36:26] Voice 6: uh planner mcargar if you can take us through that please yes

[0:36:35] Voice 7: thank you um

[0:36:36] Planner McCargar: so there's a number

[0:36:38] Planner McCargar: of completed items that have just been left on this list for this meeting just so that there's

[0:36:44] Planner McCargar: little bit of continuity. There was a meeting that was held with BC Ferries, MODY, and the

[0:36:53] Planner McCargar: Local Ferry Advisory Committee and the Cowichan Valley Regional District to discuss issues

[0:37:00] Planner McCargar: regarding ferry access and parking and wharf congestion. So that meeting was held on October

[0:37:08] Planner McCargar: And I don't know if any trustees want to provide a little update on that or what the further action will be regarding that.

[0:37:19] Planner McCargar: And then moving down the list, I do note that there's a activity that is staff to prepare a discussion paper for Shoreline and Coastal Protection Project.

[0:37:34] Planner McCargar: This has been sitting on the list for quite some time, and I'm wondering if we can wrap this into the discussion around the active and future projects list that will come a little later.

[0:37:48] Planner McCargar: Because I just note I wasn't here when this got put on the follow-up action list, but this is really not an item that we would typically see on a follow-up action list.

[0:37:58] Planner McCargar: it's more of a project or part piece of a project so I just kind of wanted to flag that that there's

[0:38:06] Planner McCargar: no staff assigned and that it might not be the appropriate place for this item and and then yeah

[0:38:14] Planner McCargar: if there's any other questions or any clarifications I'm happy to answer those I

[0:38:22] Planner McCargar: don't know if we need to walk through every item on the list but I'm happy to answer questions

[0:38:27] Planner McCargar: thank

[0:38:30] Voice 6: you marlis um trustee hunter did you have a question no

[0:38:34] Voice 5: well i'm on the ferry advisory

[0:38:35] Voice 5: committee for cedis and of course there's been a huge staff change over at bc ferries and we are

[0:38:41] Voice 5: having a meeting in march coming up so i will have more information after that time and trustee

[0:38:51] Voice 6: were you at that meeting um do you want to give just a brief summary um just for my interest if

[0:38:59] Voice 6: at all sure

[0:39:01] Trustee Luckham (probable): um yeah unfortunately the the recording of that uh didn't have any audio

[0:39:08] Trustee Luckham (probable): and uh that's what happens when you leave a trustee in charge of the technology anyway my

[0:39:14] Trustee Luckham (probable): fault but anyway the audio wasn't adequate and so we don't have a recording of that meeting but um

[0:39:19] Trustee Luckham (probable): all of the bodies uh fairies somebody from highways came online although they weren't

[0:39:25] Trustee Luckham (probable): able to hear so they ended up bailing out but and we had uh representation from uh

[0:39:30] Trustee Luckham (probable): penelica chief brown and um and um brothers joined us and we did a site visit over there at the ferry

[0:39:39] Trustee Luckham (probable): to look at um all of the aspects of that uh being uh congestion um safety um and then public safety

[0:39:50] Trustee Luckham (probable): with respect to traversing from the ferry company property

[0:39:56] Trustee Luckham (probable): down to the beach where it's a bit of a goat trail,

[0:40:00] Trustee Luckham (probable): which transitions a burial site

[0:40:03] Trustee Luckham (probable): of the Penelakut nation people that's ancient,

[0:40:08] Trustee Luckham (probable): long time ago anyway.

[0:40:11] Trustee Luckham (probable): And so that conversation did end up leaving Penelakut

[0:40:18] Trustee Luckham (probable): and BC Ferries to figure out how to manage that, provide some fencing for public safety protection,

[0:40:27] Trustee Luckham (probable): provide some signage there, as advised by the Penelope Nation about the historic

[0:40:33] Trustee Luckham (probable): nature of that site. And then, of course, looking also into ways and methods of continuing to

[0:40:41] Trustee Luckham (probable): provide access to the public to the waterfront there, which is, of course, something that

[0:40:45] Trustee Luckham (probable): that the public has enjoyed for such a very long time.

[0:40:50] Trustee Luckham (probable): That also involved long range planning for BC ferries

[0:40:55] Trustee Luckham (probable): with respect to basically complete rebuild

[0:40:59] Trustee Luckham (probable): of the dock there for the ferry.

[0:41:04] Trustee Luckham (probable): And of course that raised the question

[0:41:06] Trustee Luckham (probable): about whether or not there wasn't an opportunity

[0:41:08] Trustee Luckham (probable): to merge the emergency egress for the first responders

[0:41:13] Trustee Luckham (probable): responders in some kind of a common facility rather than having to spend millions of dollars

[0:41:18] Trustee Luckham (probable): on two docks that serve the purpose of getting people off the island. So I expect at some point

[0:41:26] Trustee Luckham (probable): there'll be more information coming to the LTC through Ken through the ferry advisory committees

[0:41:30] Trustee Luckham (probable): and Keith Rush is also one of our representatives on the ferry advisory committee along with Sharon

[0:41:36] Trustee Luckham (probable): Aaron Cross from Peneliket sits on that committee as well.

[0:41:39] Trustee Luckham (probable): And I anticipate there'll be more on that

[0:41:43] Trustee Luckham (probable): and there'll be more in due course

[0:41:46] Trustee Luckham (probable): with respect to the conversations

[0:41:47] Trustee Luckham (probable): between the ferry company and the Peneliket Nation.

[0:41:50] Trustee Luckham (probable): So that's all I have to offer.

[0:41:53] Trustee Luckham (probable): Actually, we have sort of asked that Doug Fenton

[0:41:57] Trustee Luckham (probable): in his capacity with very good connections

[0:41:59] Trustee Luckham (probable): with the Peneliket Nation

[0:42:02] Trustee Luckham (probable): that he continue to liaise for us

[0:42:06] Trustee Luckham (probable): in the way that he does and if that's acceptable to the LTC we would continue to do that there's

[0:42:12] Trustee Luckham (probable): definitely some value in the uh the relationships he has with the nation members thank you thank

[0:42:20] Voice 6: you trustee Luckham I thought was really helpful and yes indeed it would be great to have uh former

[0:42:25] Voice 6: trustee Doug Fenton continue the relationship and uh trust building okay so if there's nothing else

[0:42:33] Voice 6: on the follow-up action list uh we can move to applications referrals and bylaws we are right on

[0:42:42] Voice 6: time uh so we've got a referral for response from the galliano island local trust committee

[0:42:47] Voice 6: regarding bylaw number 283 and 284 that's on page 8 to 10 in your agendas and so

[0:42:56] Voice 6: So I guess it's typical to, unless there's critical issues that affect this trust, local

[0:43:05] Voice 6: trust committee, that we might, do we have any critical issues, I should ask, that affect

[0:43:11] Voice 6: this local trust committee?

[0:43:13] Voice 6: And if not, can we have a mover and a seconder?

[0:43:16] Voice 6: Thank you, Trustee Luckum.

[0:43:18] Trustee Luckham (probable): Thank you.

[0:43:19] Trustee Luckham (probable): Indeed, I don't believe there's any concerns here.

[0:43:22] Trustee Luckham (probable): so i and and trustee hunter in his past trustee experience is familiar with these referrals so

[0:43:29] Trustee Luckham (probable): don't want to disrespect your interest and certainly you can speak to it if you wish

[0:43:33] Trustee Luckham (probable): but i'm going to move that thetis island local trust committee um do not consider that their

[0:43:39] Trustee Luckham (probable): interests are affected by a galliano island bylaws number 283 and 284.

[0:43:48] Voice 6: thank you and we have a

[0:43:49] Voice 6: seconder trustee hunter second okay

[0:43:52] Voice 6: and all those in favor raise your hands and that carries thank

[0:43:57] Voice 6: you and so moving on to the fetus island local trust committee ocp bylaw number 108 and land

[0:44:08] Voice 6: use bylaw number 109 um for adoption we need to move and second this in order to discuss

[0:44:18] Voice 6: us all right just a procedural question i'm so glad we have a chair with so much experience

[0:44:23] Voice 6: the recommendation is that this ocp amendment be adopted and the land use bylaw

[0:44:38] Voice 6: be adopted uh oh trustee luckham and hunter sorry i missed your hands go ahead

[0:44:43] Voice 6: um

[0:44:44] Trustee Luckham (probable): yeah just i'm thinking uh i don't know uh how um and how well uh informed

[0:44:52] Trustee Luckham (probable): planner mccarger is however it might be helpful for her to just provide us um an explanation of

[0:45:00] Trustee Luckham (probable): why this is here so many years later um because of course from what i know um all this work was

[0:45:07] Trustee Luckham (probable): done. In fact, even when Trustee Hunter was a trustee, and here we are again, it must seem like

[0:45:14] Trustee Luckham (probable): deja vu, Ken. But of course, the ministry hung on to this and did their own consultation with

[0:45:21] Trustee Luckham (probable): First Nations because so much time had passed since the original efforts were made in that

[0:45:27] Trustee Luckham (probable): direction. And so now it's just a formality here for amendment. But I think probably Ken might need

[0:45:34] Trustee Luckham (probable): to know some of the background here um and i'm happy to support this thank

[0:45:41] Voice 6: you trustee hunter

[0:45:42] Voice 6: anything thank

[0:45:43] Voice 5: you um i have a bit of a problem because uh it does state in the in the text here

[0:45:50] Voice 5: that this happened between 2019 and the present the bulk of it which of course i was not a trustee

[0:45:56] Voice 5: So I'm going to ask your patients, the trustees and staff that we can defer this to perhaps the next meeting because I don't feel comfortable voting on it until I have a chance to look at it.

[0:46:14] Voice 5: I know that it's been in the works forever, but I haven't personally really looked at it. So

[0:46:21] Voice 5: I will not be voting for it at the present. Thank you.

[0:46:27] Voice 5: Thank

[0:46:30] Voice 6: you, Trustee Hunter. I do note that one of the alternatives is to request more information. Do you think, well, let's ask Planner McArgar, do we have everything on file that might be needed, or do we think we need more information to satisfy Trustee Hunter about this process?

[0:46:52] Voice 6: us thanks

[0:46:55] Planner McCargar: chair Elliott I think it would be helpful for staff to have some direction

[0:47:00] Planner McCargar: trustee hunter if there's specific information that you feel like you need or if you just wanted

[0:47:05] Planner McCargar: to have perhaps a meeting with staff to to bring you up to speed just on the work that's been done

[0:47:12] Planner McCargar: and yeah if you could just maybe give us some specific guidance around that would be helpful

[0:47:19] Voice 6: trustee hunter yes

[0:47:21] Voice 5: thank you just some of the wording in the bylaw was concerning and i would

[0:47:27] Voice 5: love to have a meeting with staff and just to discuss that if that's possible and uh another

[0:47:35] Voice 5: three months perhaps isn't going to be the end of the world for such a long drawn-out process

[0:47:40] Voice 5: thank you true

[0:47:42] Voice 6: words um would you like to make a motion of that effect that we defer

[0:47:46] Voice 6: defer adoption of these two until the next meeting certainly well

[0:47:55] Voice 6: you could just read

[0:47:56] Voice 6: the recommendation there maybe change it to defer uh to the next meeting of the local trust committee

[0:48:03] Voice 5: yeah what page was that on again it's 11.

[0:48:07] Voice 5: 11 here we go at

[0:48:09] Voice 9: the top so

[0:48:17] Voice 6: could we change that

[0:48:18] Voice 6: to that consideration of this data be deferred until the next meeting I think you'll have to

[0:48:23] Voice 6: to read the whole thing out sorry I don't mean to give you direction well

[0:48:29] Voice 5: I'll move that the

[0:48:30] Voice 5: fetus on local trust committee bylaw number 108 and 109 be deferred to a subsequent meeting

[0:48:39] Voice 5: or an option great

[0:48:43] Voice 6: and you have a seconder and trustee Luckham seconds all those in favor

[0:48:49] Voice 5: where's my hand you

[0:48:51] Voice 6: can raise your physical hand thank

[0:48:53] Voice 5: you that

[0:48:55] Voice 6: carries all right thank you sir

[0:48:58] Voice 6: uh great um so moving on

[0:49:02] Trustee Luckham (probable): before you move on chair yes sir

[0:49:05] Trustee Luckham (probable): unless uh and you'll and this may be uh

[0:49:09] Trustee Luckham (probable): there could be a trustee hunter could have a conversation with staff on this

[0:49:13] Trustee Luckham (probable): that may require some digging back to uh uh perhaps david marler even um i'm not sure where

[0:49:21] Trustee Luckham (probable): the history will lie on this but if i'm not mistaken um there has been no discussion on

[0:49:27] Trustee Luckham (probable): the riparian areas in the entire last term because this has been sitting with the province since

[0:49:33] Trustee Luckham (probable): trustee hunter um uh was a trustee in the past but i might not be completely accurate on that

[0:49:40] Trustee Luckham (probable): But for the most part, that work hasn't progressed amazingly in the last four years.

[0:49:47] Trustee Luckham (probable): So let's get that sorted out and we can advance this hopefully at the next meeting.

[0:49:53] Trustee Luckham (probable): So happy to support Trustee Hunter in making sure that he's doing his appropriate due diligence to make sure that it's all according to Hoyle, so to speak.

[0:50:05] Voice 6: Excellent. Having more information is good.

[0:50:08] Voice 6: Good. Doesn't look like this process will be harmed in any way by another three-month period.

[0:50:16] Voice 6: So the only active application we have is file number RZ2022.1, Abrupt Shellfish Inc. at Preeti Harbor.

[0:50:29] Voice 6: And so we have a staff report on page 20 through 61.

[0:50:33] Voice 6: So I'm just going to flip to that for a second.

[0:50:37] Voice 6: Okay. So we have a few recommendations, and perhaps, Marlis, would you take us through,

[0:50:46] Voice 6: because I understand this is a bit of an unusual set of recommendations, and I did have some

[0:50:51] Voice 6: questions, but I'll defer to the local trustees after your report.

[0:50:55] Planner McCargar: Yeah, thanks, Chair Elliott.

[0:50:56] Planner McCargar: I'll just kind of briefly walk you through my report, and then we can open it up for questions.

[0:51:03] Planner McCargar: So the application was pre or the applicant previously applied for rezoning in April of 2020, and that was denied. At that time there were over 50 public comments received by the LTC in opposition, and the public concerns at that time were outlined in the resolution that was was passed and I did include that in my report.

[0:51:29] Planner McCargar: However, this is a new application. This will be the first time that the LTC has seen this application.

[0:51:38] Planner McCargar: The applicant is proposing to rezone approximately 14 hectares of marine area near Pariti Harbor to allow subtidal geoduck aquaculture.

[0:51:49] Planner McCargar: If rezoned, it would require amendments to the Thetis Island Land Use Bylaw and the Thetis Island OCP, Official Community Plan.

[0:52:00] Planner McCargar: I did note in the report that they're not applying to rezone a portion of the Thetis Islands Associated Islands planning area, so there is a portion of the area that is located in the Thetis Islands Associated Islands planning area, so that would require another rezoning application if that were going to be included.

[0:52:27] Planner McCargar: So staff has received some information from the Ministry of Forests, and the Ministry of Forest is the agency that's responsible for approving the license of occupation, so the tenure area.

[0:52:45] Planner McCargar: So I did have some correspondence with staff at the Ministry of Forest regarding the applicant's ability to amend their license of occupation.

[0:52:53] Planner McCargar: application. They let me know that it could be possible if the applicant submitted a revised

[0:53:00] Planner McCargar: management plan. The Ministry of Forest does harmonize their application process with Transport

[0:53:05] Planner McCargar: Canada and DFO, and they're unsure whether a 10-year boundary change would impact those

[0:53:12] Planner McCargar: approvals that have already been given, but I just wanted to note that since my report was written

[0:53:17] Planner McCargar: that there has been information that it would be possible to amend that application if the

[0:53:24] Planner McCargar: applicant is choosing not to go forward with a second rezoning. I'm actually

[0:53:32] Planner McCargar: wondering if it would be helpful, I might just bring up the map quickly just to

[0:53:37] Planner McCargar: kind of illustrate what I mean. I'll just do

[0:53:41] Voice 9: a quick share screen here.

[0:53:49] Planner McCargar: So this

[0:53:50] Planner McCargar: current, if everyone can see that map, this current application that's before

[0:53:55] Planner McCargar: for you is to rezone this 14 hectare area here.

[0:54:01] Planner McCargar: Then there's a portion of the tenure area that is unzoned.

[0:54:09] Planner McCargar: And that is the gray area here.

[0:54:12] Planner McCargar: So in this unzoned area,

[0:54:14] Planner McCargar: only the Islands Trust Policy Statement would apply.

[0:54:18] Planner McCargar: And so one suggestion would be that the LTC could forward

[0:54:22] Planner McCargar: the pertinent policies the pertinent pertinent islands trust policies to front counter bc for

[0:54:29] Planner McCargar: consideration as they process the license of occupation and then there's this small area

[0:54:36] Planner McCargar: down here at the bottom near damon and scott island and that is in the separate planning area

[0:54:45] Planner McCargar: so it would require a separate rezoning that was the

[0:54:48] Voice 7: area i was referring to

[0:54:49] Voice 7: And I'll just

[0:54:56] Planner McCargar: give a, you know, just a brief bit of background. So the applicant held a community information meeting via Zoom and I did include the chat transcript from that Zoom meeting attached to the report.

[0:55:13] Planner McCargar: And then I just have a brief summary of some of the public comments that were received at that community information meeting.

[0:55:20] Planner McCargar: and some of the community concerns were around the nylon predator netting that would be used

[0:55:28] Planner McCargar: placed on the bottom of the ocean floor so there was concerns around potential entanglement of

[0:55:34] Planner McCargar: species in the nets potential of microplastics from the netting being released into the ocean

[0:55:43] Planner McCargar: there was concerns around the close proximity of the operation to Thetis Island

[0:55:50] Planner McCargar: upland, potential light pollution from the navigation buoys, potential noise pollution

[0:55:56] Planner McCargar: during the planting, the monthly inspections in the harvest season, lack of notification to the

[0:56:04] Planner McCargar: upland property owners, potential disruption and conflict for summer moorage and recreational

[0:56:09] Planner McCargar: boaters, potential marine debris, and the potential negative impacts it may have on a sensitive

[0:56:15] Planner McCargar: ecosystem. There was also discussion around that this is not creating a local food source. It's

[0:56:23] Planner McCargar: estimated that 90% of the geoduck catch will be exported to an international market. And then the

[0:56:29] Planner McCargar: lack of consultation and potential impacts on the local First Nations were some of the concerns that

[0:56:36] Planner McCargar: were highlighted in that community information meeting. So based on the content of this staff

[0:56:42] Planner McCargar: report the LTC has the option to deny this application if the rezoning is denied it's

[0:56:49] Planner McCargar: unknown whether the province would issue their license of occupation as mentioned in the report

[0:56:56] Planner McCargar: the shellfish aquaculture license from DFO has already been issued and Transport Canada

[0:57:02] Planner McCargar: has also issued their approvals so the provincial license of occupation has been

[0:57:10] Planner McCargar: approved in principle, but it has not, they have not been granted official approvals

[0:57:19] Planner McCargar: yet. The final decision has not occurred. And I did ask for some clarity if the province was

[0:57:28] Planner McCargar: waiting on the outcome of this rezoning before they issue the license of occupation. And I wasn't

[0:57:37] Planner McCargar: I wasn't clear on that yeah they they were they weren't they weren't clear on that and they also

[0:57:48] Planner McCargar: weren't weren't clear if they wouldn't issue their license of occupation if the rezoning is not

[0:57:57] Planner McCargar: granted so staff do note that the DFO aquaculture license and the license of occupation from the

[0:58:05] Planner McCargar: the province would require the license holder to abide by local bylaws. So it puts sort of this

[0:58:13] Planner McCargar: awkward position in that if the licenses are granted and the rezoning is not granted, then

[0:58:21] Planner McCargar: the license holder would be not abiding by local bylaws.

[0:58:28] Planner McCargar: can

[0:58:31] Voice 6: we pause on that and and can i ask you to explain um the yeah the jurisdiction issue

[0:58:39] Voice 6: um so on 25 i was a little bit confused uh because it's state or you state in your report

[0:58:48] Voice 6: that we may be pushing the limits of the ltc's authority um just in terms of defining

[0:58:56] Voice 6: defining mariculture. And so, yeah, I guess that's away from the zoning bylaw infraction

[0:59:03] Voice 6: potential, but actually defining mariculture, how is that pushing the limits of the LTC's authority?

[0:59:08] Planner McCargar: Yeah, so the LTC is within their authority to approve the land use specifically. It was just

[0:59:16] Planner McCargar: if we start to get into prescribing how the operation may be conducted, then that is

[0:59:26] Planner McCargar: outside of our our the LTC's jurisdiction so well within the jurisdiction is to permit this use or

[0:59:33] Planner McCargar: not permit this use but when we get into the specifics of I was talking specifically in that

[0:59:43] Planner McCargar: section was about the the definition that is currently in the land use bylaw for mariculture

[0:59:50] Planner McCargar: and that definition talks about the installation of devices and that that just that piece

[1:00:00] Planner McCargar: is is pushing the boundaries of our of our jurisdiction to we can allow mariculture or

[1:00:06] Planner McCargar: not allow mariculture but to specifically allow it or not allow it with um i guess with devices

[1:00:17] Voice 6: like how the mariculture is performed is

[1:00:20] Planner McCargar: yes thank

[1:00:20] Voice 6: you we can't that would

[1:00:22] Planner McCargar: be within dfo

[1:00:23] Planner McCargar: that's

[1:00:24] Voice 6: the fed's jurisdiction okay thank you i understand that um i interrupted you there

[1:00:29] Voice 6: is there anything else you wanted to go through

[1:00:31] Planner McCargar: um so yeah just i guess also at this stage the

[1:00:34] Planner McCargar: ltc could request additional information from the applicant uh my recommendation staff recommendations

[1:00:43] Planner McCargar: at this time and if the ltc should wish to proceed with the rezoning that an early referral

[1:00:52] Planner McCargar: be sent out to first nations with interests in the area um so that would be an early an early referral

[1:01:02] Planner McCargar: for comment by First Nations to get a general sense of whether they support or do not support

[1:01:08] Planner McCargar: this application. And then I was also recommending some clarification on the license of

[1:01:16] Planner McCargar: occupation and the aquaculture license and whether there is the ability to be, those to be amended.

[1:01:23] Planner McCargar: And I did get some clarity from the Ministry of Forests on that, which I mentioned.

[1:01:27] Planner McCargar: and and that piece is just around the complexities of this provincial tenure area spanning through

[1:01:36] Planner McCargar: different local bylaws great

[1:01:43] Voice 6: thank you trustees i'll defer to you do you have any questions or

[1:01:47] Voice 6: want to have some discussion on this you are muted

[1:02:01] Voice 6: chair luckham i

[1:02:02] Trustee Luckham (probable): do have some comments

[1:02:04] Trustee Luckham (probable): but i would however be interested to hear from trustee hunter rather than taking up all the air

[1:02:10] Trustee Luckham (probable): time today okay

[1:02:14] Voice 5: well it seems to me that it's a bit of a difficult one because if we do we're

[1:02:20] Voice 5: in trouble and if we don't we're in trouble so um i i don't think we can allow something that

[1:02:28] Voice 5: we we don't have the the authority to unless we change the uh official community plan so which

[1:02:35] Voice 5: way are we going to go on this that's my question and i thought there was a there was a sentence in

[1:02:43] Voice 5: here somewhere where it said that if we if we deny it then we're going against the feds in the

[1:02:49] Voice 5: province so i mean uh does that make us uh subject to legal action or blah blah blah peter um okay

[1:03:02] Voice 9: thank you uh ken um

[1:03:04] Trustee Luckham (probable): you know this is the the typical mouse and the lion is uh how i probably

[1:03:12] Trustee Luckham (probable): probably want to put it in this situation. I do want to note, however, that in the previous go

[1:03:21] Trustee Luckham (probable): round, the government, the province did, by not issuing the permits, did support the LTC's

[1:03:31] Trustee Luckham (probable): decision to not rezone. And so that's why this is back here. And so although we always say that

[1:03:39] Trustee Luckham (probable): every decision is is decided and it's under its own merits um i would suggest that that is a precedent

[1:03:48] Trustee Luckham (probable): and so moving from that concept i don't think anything has of substance has changed in the

[1:03:57] Trustee Luckham (probable): application and so i also believe that the community's interest and concerns in this matter

[1:04:04] Trustee Luckham (probable): matter, have not changed. And I think that that is more than apparent in the transcription of that

[1:04:10] Trustee Luckham (probable): meeting. And thank everybody that was involved in doing that. Quite honestly, I'm inclined to

[1:04:18] Trustee Luckham (probable): proceed no further on this one. And we might want to state our reasons. And so I'll just say that

[1:04:28] Trustee Luckham (probable): first off the second thing is no matter how small the piece is that's in the associated islands

[1:04:37] Trustee Luckham (probable): jurisdiction for the zoning if this application is going forward as presented that zoning also

[1:04:44] Trustee Luckham (probable): needs to come forward and so this is incomplete not having captured that the thing that i raised

[1:04:53] Trustee Luckham (probable): in the last go-round here, and now it's coming back to bite us, and there's no fault here. Let

[1:05:00] Trustee Luckham (probable): me just be clear about that. We need to change the OCP and or the LUB zoning to include the piece of

[1:05:11] Trustee Luckham (probable): water that is not in either the Associated Island or the Thetis Island jurisdiction. That, I believe,

[1:05:21] Trustee Luckham (probable): is an oversight that was created when the associated islands was um ocp lev was created

[1:05:29] Trustee Luckham (probable): and that simply needs to be fixed and i'm going to speak to that when we get to our projects later

[1:05:34] Trustee Luckham (probable): that should be a priority because this is not going away and um so i am and and that said i

[1:05:44] Trustee Luckham (probable): think that reducing the site to the area of the where it isn't zoned and so therefore they could

[1:05:51] Trustee Luckham (probable): go ahead and do the harvesting um is so small uh with respect to the whole thing that it's not

[1:05:58] Trustee Luckham (probable): commercially viable and so um i don't think there's a i can't speak for the applicant of

[1:06:05] Trustee Luckham (probable): course but i think their interest is in the 14 hectares which is a huge amount of area

[1:06:11] Trustee Luckham (probable): that i just want to say in echoing the community's concerns is that protected waterway between

[1:06:19] Trustee Luckham (probable): between uh damon and thetis is a recreational uh site for islanders and travelers that not only

[1:06:30] Trustee Luckham (probable): the in fact the round thetis island yacht race begins right at that location every year and has

[1:06:37] Trustee Luckham (probable): been and has been done so for i don't know ken 30 years let's just say um and um vessels anchor

[1:06:46] Trustee Luckham (probable): are there all the time through the summer months. Swimmers are there all through the summer months.

[1:06:53] Trustee Luckham (probable): Boaters are traversing that area continuously. And then I would be completely remiss by not saying

[1:07:02] Trustee Luckham (probable): that this is on Coast Salish Territory, on the areas of greatest interest to the Penelakut Nation.

[1:07:08] Trustee Luckham (probable): And they have had little or no consultation. And in fact, there's been disregard shown to them with respect to private industrial for export process being conducted within their territory.

[1:07:25] Trustee Luckham (probable): um you know if i was to not suggest if i was to open up my mind a bit and say yeah there's reasons

[1:07:35] Trustee Luckham (probable): to continue a fair reasonable process and not advance continuing no further then indeed this

[1:07:44] Trustee Luckham (probable): needs to be referred to first nations and indeed needs to be referred to the advisory planning

[1:07:49] Trustee Luckham (probable): commission in order to solicit solicit more public input the last public input that the

[1:07:55] Trustee Luckham (probable): Abrupt Shellfish conducted was very poor, like very poor. It took, I think, almost a half an

[1:08:01] Trustee Luckham (probable): hour for some of us, myself included, to get into the Zoom meeting. That process, if we want to

[1:08:08] Trustee Luckham (probable): entertain advancing this at all, needs to have another public process that Abrupt Shellfish

[1:08:15] Trustee Luckham (probable): conducts. And indeed, Abrupt Shellfish needs to consult with the Penelope Nation directly.

[1:08:21] Trustee Luckham (probable): incorrectly, I think it's a little offensive for us to go, oh, Penelope, what do you think about

[1:08:29] Trustee Luckham (probable): this, right, because that's sort of handing it over to them rather than taking responsibility

[1:08:35] Trustee Luckham (probable): for protecting the interests of the Penelope Nation, and I think advancing it no further

[1:08:40] Trustee Luckham (probable): would do that, although I obviously do not speak on behalf of the Penelope Nation,

[1:08:44] Trustee Luckham (probable): although certainly I have it on good advice from members of the nation that they have no interest

[1:08:49] Trustee Luckham (probable): in this. Just, well, I won't say that. Anyway, I am very concerned. I don't believe the application

[1:09:01] Trustee Luckham (probable): has changed. I think that Thetis Islanders are not interested in this. It does not support any

[1:09:08] Trustee Luckham (probable): kind of local employment or any kind of food sustainability. It's for an export market,

[1:09:13] Trustee Luckham (probable): for an industrial operation from off island. And quite honestly, it's a big ocean out there.

[1:09:19] Trustee Luckham (probable): There's lots of other places to do geoduck harvesting, even though it might be designated by fisheries and oceans as a potential area.

[1:09:27] Trustee Luckham (probable): But all that means is the habitat is suitable for that kind of work.

[1:09:33] Trustee Luckham (probable): It doesn't reflect on the values and interests of the island's trust or its communities.

[1:09:38] Trustee Luckham (probable): So I think you get the notion.

[1:09:41] Trustee Luckham (probable): I'm not interested in pursuing this because I think it's disingenuous.

[1:09:45] Trustee Luckham (probable): us. And actually, it's going to consume time and energy of the Islands Trust and the time and energy

[1:09:52] Trustee Luckham (probable): of our community members, which I don't believe there's really a legitimate interest in. And I

[1:09:57] Trustee Luckham (probable): do want to advance changing the zoning on that little piece that is not presently zoned. And

[1:10:04] Trustee Luckham (probable): I'd be happy to answer any questions, but I think it's pretty obvious.

[1:10:07] Voice 6: Thank you, Chair. Thank you,

[1:10:09] Voice 6: trustee luckum that was uh well said um i note that the applicant is in the um the waiting room

[1:10:18] Voice 6: and so perhaps we'd like to promote them to panelists norman casting are you an applicant

[1:10:27] Voice 6: as well you've got your hand up and todd russell todd russell listed as abrupt norm

[1:10:34] Trustee Luckham (probable): casting as a

[1:10:35] Trustee Luckham (probable): resident is

[1:10:36] Voice 6: a resident okay so at this time we can't receive comment from residents appreciate

[1:10:41] Voice 6: your attendance but we're going to give the floor to the applicant if you wish to speak

[1:10:46] Voice 6: could you put your hand up todd russell if you want to respond to anything

[1:10:57] Voice 9: or yvonne tomlinson who

[1:10:59] Voice 6: i understand is also associated with the application

[1:11:04] Voice 6: okay so i don't see um the applicant wishing to speak to this um so perhaps

[1:11:14] Trustee Luckham (probable): Perhaps I'll just mention, just for the records, because indeed Norm missed the opportunity for public comment where it would have been the opportunity for him to speak to this application.

[1:11:26] Trustee Luckham (probable): Perhaps that wasn't clear at the time, but Norm is probably one of three and possibly the most significantly impacted by this activity.

[1:11:40] Trustee Luckham (probable): and so I just want to flag that and Norm thank you for being here today but the process is the

[1:11:46] Trustee Luckham (probable): process yes

[1:11:48] Voice 6: unfortunately thank you uh trustee hunter um do you have any thoughts on how you'd

[1:11:59] Voice 6: like to proceed this is a this is something where I I'm not going to weigh in my my main concern

[1:12:06] Voice 6: is food security uh and the rights of first nations and so I think you've covered that

[1:12:12] Voice 6: quite adequately um trustee luckham but whether the fact that this lease almost certainly would

[1:12:20] Voice 6: impact the ability of first nations to harvest and gather food um now and into the future

[1:12:27] Voice 6: i don't think that's a decision that we can make um and so just from my perspective uh that's my

[1:12:35] Voice 6: main concern so perhaps

[1:12:40] Trustee Luckham (probable): i might suggest just as a topic for discussion um is that is that i think

[1:12:46] Trustee Luckham (probable): it would be most appropriate for the applicant to hold another public event on thetis and quite

[1:12:55] Trustee Luckham (probable): honestly not a zoom one um and that the applicant engage with the penelicate nation and come back to

[1:13:04] Trustee Luckham (probable): us.

[1:13:06] Voice 5: I agree with that wholeheartedly.

[1:13:09] Voice 6: Okay, that sounds reasonable. I do know there was just a

[1:13:13] Voice 6: comment from staff that Yvonne is promoted to panelist, and she is here on behalf of the

[1:13:20] Voice 6: applicant. So I'm just going to give the applicant one more chance to speak. Could you please raise

[1:13:24] Voice 6: your hand if you would like to address your local trustees?

[1:13:29] Voice 9: Oh, there we go. So I'll ask you to

[1:13:37] Voice 9: unmute hi Yvonne hi there

[1:13:43] Voice 10: hi can you hear me hi I can hear you go ahead well I just I just don't

[1:13:50] Voice 10: want to let things go by without having said anything I understand the community's concerns

[1:13:57] Voice 10: and I will agree that the meeting was a bit of a debacle as far as getting people in it was

[1:14:05] Voice 10: you know it was our first time running a zoom meeting so we had some technical issues

[1:14:09] Voice 10: But I just, I can't stress enough that we don't pose a threat to any use of the waterway there.

[1:14:27] Voice 10: where the netting is on the bottom of the ocean and the only thing that's visible on the surface

[1:14:34] Voice 10: will be four buoys, which are easy to navigate around. They're about the size of a small mooring

[1:14:44] Voice 10: buoy. They're not going to interfere with any recreational or other uses in the area. And

[1:14:54] Voice 10: And there's only going to be the maximum that at any one time that will have any infrastructure on the bottom will be 1.5 hectares at a time for about a year for each section.

[1:15:10] Voice 10: So at no time will the entire area, I mean, I know it looks big.

[1:15:15] Voice 10: The reason it's big is so that it gives us flexibility, but we're not going to be ever doing anything all at once on the whole area.

[1:15:28] Voice 10: Even 1.5 hectares is larger than we would likely be seeding at a time because it's largely dependent on how much seed is available.

[1:15:39] Voice 10: available. So most likely it would be around the one hectare mark. So there'd be four buoys around

[1:15:46] Voice 10: a one hectare section for about a year in one area. And then the next year, the next time there's

[1:15:54] Voice 10: then then all the infrastructure would be removed. And then we would seed another area and it would

[1:16:00] Voice 10: be another like say one or 1.5 hectare area that we would plant the next year. And then it takes

[1:16:09] Voice 10: the geoducks about 12 years to grow so in the interceding time between planting and harvest

[1:16:16] Voice 10: there'd be you know 10 or 11 years while the geoducks are just there in their natural state

[1:16:24] Voice 10: growing. I get the sense that that people think that this is going to be some sort of large

[1:16:30] Voice 10: industrial scale thing and I just want to impress that it's really not it's just we're a small

[1:16:38] Voice 10: operation. We're not going to come in there and tear up anything or have unsightly things floating

[1:16:47] Voice 10: around on the surface, shedding floats and netting and fishing gear into the ocean or onto the

[1:16:58] Voice 10: beaches, certainly.

[1:17:01] Voice 6: Thank you for that. I do have a question, but I'll go to Trustee Hunter.

[1:17:05] Voice 6: yes

[1:17:05] Voice 5: what will be the uh depth over the netting at the lowest tide um

[1:17:13] Voice 10: the lowest tide i don't i

[1:17:15] Voice 10: certainly don't think it would be anything above 30 feet okay

[1:17:19] Voice 5: thank you and

[1:17:22] Voice 6: that's related to my

[1:17:23] Voice 6: question um i think in the report it does say that nobody would be able to anchor um is that a popular

[1:17:32] Voice 6: anchoring spot and would that be so in the period between seeding and harvesting you're saying 12

[1:17:39] Voice 6: years yes um that netting would be over time

[1:17:43] Voice 10: no no no the netting is in place for one year and

[1:17:47] Voice 10: then it's removed and the buoys are just there to mark the netting to warn people against anchorage

[1:17:53] Voice 10: so it can be traversed people can swim and water ski and and go across with boats and and whatever

[1:18:01] Voice 10: diving whatever they like but but only for that small section and only for a

[1:18:08] Voice 10: year and then

[1:18:11] Voice 10: once the nets are removed it just goes back to normal so people

[1:18:15] Voice 10: will be able to anchor it's just so we don't want people catching on the nets

[1:18:19] Voice 10: and dislodging it creating the potential for debris okay

[1:18:24] Voice 6: thank you for that any

[1:18:28] Voice 6: Any other questions or comments from the applicant or questions from trustees?

[1:18:33] Voice 9: I have to say,

[1:18:39] Voice 6: I think I tend to agree with you just in terms of the time that it takes to navigate.

[1:18:48] Voice 6: And this seems like a very complex application with the many different ministries involved and levels of government.

[1:18:59] Voice 6: And so I have to say, just looking at it from the outside, something like this really needs community support and in order to go forward.

[1:19:11] Voice 6: And I don't know if that's demonstrated here. So, trustees, do you have anybody want to make a

[1:19:18] Voice 9: motion on this?

[1:19:26] Voice 9: Trustee Luckham?

[1:19:29] Voice 9: Yeah.

[1:19:32] Trustee Luckham (probable): Reluctantly, I'm going to make a motion.

[1:19:34] Trustee Luckham (probable): motion. I do, however, want to note that over, let's call it a six-year period, the netting that

[1:19:42] Trustee Luckham (probable): is proposed to protect the juvenile geoducks is moving from one placement to another, to another,

[1:19:49] Trustee Luckham (probable): to another. And the impact that will happen is boaters will be restricted from anchoring on that

[1:20:01] Trustee Luckham (probable): that location, and in fact, is a safety hazard. If a boat gets in a storm, drops its anchor in

[1:20:09] Trustee Luckham (probable): that area, and gets caught up in the netting, and then tries to relieve themselves of that netting,

[1:20:16] Trustee Luckham (probable): the potential risk for having the net caught up in their props and their boat in a fashion that

[1:20:23] Trustee Luckham (probable): would jeopardize the health and welfare of the boat and the individuals is significant. It happens.

[1:20:30] Trustee Luckham (probable): It happens on other sites, and I've seen it. I've actually been involved in rescuing vessels that have been in that very situation.

[1:20:38] Trustee Luckham (probable): So I don't want to be perceived as administratively unfair.

[1:20:44] Trustee Luckham (probable): I want to demonstrate to other levels of government that we do not have a closed mind on this as a local government,

[1:20:53] Trustee Luckham (probable): although I certainly will say that there are many in this community that are opposed to this.

[1:20:59] Trustee Luckham (probable): and so i think it's in the best interest of all of us and particularly the applicant

[1:21:05] Trustee Luckham (probable): to undertake some additional consultation and for them to do it not us and come to us with

[1:21:12] Trustee Luckham (probable): an argument about for why this is a good idea um and so the motion that i would be prepared to

[1:21:20] Trustee Luckham (probable): entertain and i'd seek a seconder if trustee hunter is interested is that the ltc advise

[1:21:26] Trustee Luckham (probable): advise the applicant that they should have engage in meaningful consultation with the

[1:21:37] Trustee Luckham (probable): Penelakut tribes and

[1:21:40] Voice 9: after that

[1:21:45] Trustee Luckham (probable): event, hold a public information session in person on

[1:21:50] Trustee Luckham (probable): Thetis Island and then return to this LTC with their application.

[1:21:59] Voice 9: Thank you.

[1:22:00] Voice 6: And I see, Trustee Hunter, you look like you're seconding that.

[1:22:03] Voice 6: second

[1:22:04] Voice 5: all

[1:22:05] Voice 6: right so we've got a motion on the floor any discussion on it okay all those in favor

[1:22:13] Voice 6: and that is carried thank you trustee luckham and thank you yvonne for uh coming here today i know

[1:22:22] Voice 6: it's difficult these issues are not easy to navigate but i appreciate your forthrightness

[1:22:27] Voice 6: and

[1:22:28] Trustee Luckham (probable): thank you for your support trustees okay

[1:22:32] Voice 6: so moving on um this is the closest to an

[1:22:37] Voice 6: an actual agenda on time that I have ever been.

[1:22:40] Voice 6: Local Trust Committee projects on page 62.

[1:22:45] Voice 6: We have a list of our active and future projects summary

[1:22:49] Voice 6: and a staff report.

[1:22:51] Voice 6: So this is the opportunity to discuss any projects

[1:22:55] Voice 6: that might need to be removed from the list or added.

[1:23:00] Voice 6: And so I'll just give everyone time to get there.

[1:23:08] Voice 6: Marlis, did you have anything you want to bring to our attention?

[1:23:13] Planner McCargar: Yeah, thanks, Chair Elliott. I just wanted to note that the active projects list as listed, I don't know if that's really an accurate way of capturing this.

[1:23:28] Planner McCargar: So this whole discussion is around what the work program will look like for this term.

[1:23:33] Planner McCargar: term and currently the only active project would be the bylaws that were before you today for

[1:23:43] Planner McCargar: adoption. That's been sort of the active project ongoing but and these I think maybe more accurately

[1:23:49] Planner McCargar: would have been categorized as future projects. It just yeah I just didn't want to give the

[1:23:56] Planner McCargar: impression that these are active projects that staff are currently working on.

[1:24:01] Voice 6: So what's included

[1:24:02] Voice 6: in this list of, or the summary of OCP and LUB amendments is not already been worked on?

[1:24:12] Planner McCargar: No, this, this is basically a list of all future projects. Okay. There hasn't been a

[1:24:21] Planner McCargar: priority set to a major project or a minor project. Um, these, this was captured from,

[1:24:30] Planner McCargar: I think, some discussion at the end of last term, and it's kind of a catch-all of all that is,

[1:24:40] Planner McCargar: it just encompasses all the discussions around the priorities from last term, but there isn't a

[1:24:47] Planner McCargar: concrete project that has been decided on.

[1:24:51] Voice 6: Okay, and sorry, just again for clarity, because on

[1:24:54] Voice 6: page 62, it does say active project, so you're saying that OCP and LUB amendment project is not

[1:25:00] Voice 6: active or that the listing of activities is not captured in the bylaws that were to be adopted

[1:25:10] Voice 6: today. So those should be moved to a future project potential list.

[1:25:17] Planner McCargar: Basically, there's no

[1:25:18] Planner McCargar: active projects that staff are currently working on.

[1:25:22] Voice 6: Thank you. So we'll just change the wording

[1:25:24] Voice 6: in there in our minds to future potential projects yeah um trustees do you have any thoughts on um

[1:25:32] Voice 6: what you'd like to consider in your term in terms of projects minor or major trustee luckham you

[1:25:41] Voice 6: mentioned uh ocp uh zoning amendments there's a lot under ocp and lub amendments that could be

[1:25:51] Voice 6: be done.

[1:25:52] Trustee Luckham (probable): Yeah, I would be really happy to hear from Trustee Hunter with respect to what's in

[1:26:02] Trustee Luckham (probable): this report broadly, because obviously this is the first time we've had an opportunity to have

[1:26:10] Trustee Luckham (probable): a conversation. It would be great to have a more wide-ranging conversation, and as you put it,

[1:26:16] Trustee Luckham (probable): um what it is that we might anticipate for this term but um certainly the prod where we came from

[1:26:25] Trustee Luckham (probable): this last term was a process of engagement and education um with respect to shoreline protection

[1:26:33] Trustee Luckham (probable): and coming to understand what first nations interests were in shoreline protection what

[1:26:39] Trustee Luckham (probable): that meant to them um and then indeed and we did have consultation with both penelope and i actually

[1:26:46] Trustee Luckham (probable): And we did a couple of boat trips out into their areas of interest and around Thetis and discussed what the short what were important values on the shorelines and how it is we might support their interests.

[1:26:57] Trustee Luckham (probable): And so that part happened. We have yet to embark upon a community conversation in that respect.

[1:27:03] Trustee Luckham (probable): And I think that that's something that does need to be done in reflection of First Nations

[1:27:12] Trustee Luckham (probable): engagement throughout the Islands Trust area, which is a significant piece of work in itself.

[1:27:17] Trustee Luckham (probable): And individual LTCs, I don't think are well served by working in isolation.

[1:27:22] Trustee Luckham (probable): It needs to be a coordinated effort.

[1:27:25] Trustee Luckham (probable): We've had that conversation on Gabriola last week, and Toby will know how far ranging that

[1:27:31] Trustee Luckham (probable): was.

[1:27:32] Trustee Luckham (probable): and so um i i want to be careful and methodical and and approach this in a in a in a slow paced

[1:27:44] Trustee Luckham (probable): way to get to that place so that we understand what it is that's important about shoreline

[1:27:49] Trustee Luckham (probable): protection ultimately so that said that's if there was an active project that was it but it was

[1:27:56] Trustee Luckham (probable): was really on the trustees to do that work, because indeed, staff develop policy and bylaws

[1:28:04] Trustee Luckham (probable): and OCPs and take input from the trustees to craft those. And so I understand that. So we

[1:28:10] Trustee Luckham (probable): were taking on that responsibility to engage more with our community. And Ken and I now need to have

[1:28:16] Trustee Luckham (probable): a discussion and determine whether or not there's interest in pursuing that. But all of that, and

[1:28:23] Trustee Luckham (probable): And there's other interesting things here.

[1:28:25] Trustee Luckham (probable): But I just want to say that all of this stuff in the report and on the projects list interests me and I think is reasonable to consider pursuing.

[1:28:34] Trustee Luckham (probable): However, I think I'm not terribly in favor.

[1:28:40] Trustee Luckham (probable): This might be a shock, Toby and staff.

[1:28:44] Trustee Luckham (probable): I'm not terribly in favor of actually updating OCPs just because we want to update them because they're old.

[1:28:50] Trustee Luckham (probable): If they're broken, let's fix them.

[1:28:53] Trustee Luckham (probable): If they're not causing a problem or an identified issue in a community, let's leave it well

[1:29:00] Trustee Luckham (probable): enough alone and think about targeting things that need to be changed.

[1:29:04] Trustee Luckham (probable): And two things that need to be targeted, the one which I think actually needs to be a priority

[1:29:10] Trustee Luckham (probable): because I think we are vulnerable and we've just seen that in the application ahead of

[1:29:16] Trustee Luckham (probable): us is that rezoning of the water surrounding that area that is an unzoned area a little postage stamp

[1:29:25] Trustee Luckham (probable): unzoned area within the island's trust jurisdiction needs to be fixed and i would say that needs to be

[1:29:31] Trustee Luckham (probable): a priority let's make an ocp amendment to fix that and move on the other item which i know ken you're

[1:29:38] Trustee Luckham (probable): familiar with as well is composting on the island and and supporting sustainable agriculture and

[1:29:45] Trustee Luckham (probable): farmers and farming and the necessity to do waste management in a different way and i'm led to

[1:29:51] Trustee Luckham (probable): believe that the way to do that is with a soil removal and deposit bylaw in order to facilitate

[1:29:58] Trustee Luckham (probable): facilitate that commercial.

[1:30:00] Trustee Luckham (probable): production opportunity for compost creation. And so those are two things that are broken in our

[1:30:07] Trustee Luckham (probable): community. Right now, the farming community on the island here can't do a significant scale

[1:30:13] Trustee Luckham (probable): of composting to facilitate the farming and produce production that the island needs.

[1:30:19] Trustee Luckham (probable): So that's something that's broken. Let's fix that. That postage stamp of unzoned area is broken.

[1:30:25] Trustee Luckham (probable): spoken, let's fix that. You know, if we put all of our energy into that, we can get something

[1:30:29] Trustee Luckham (probable): positive done, and I'd be happy with that.

[1:30:34] Voice 6: Great. Trustee Hunter.

[1:30:36] Voice 5: That sounds good,

[1:30:37] Voice 5: Trustee Lockham. Shoreland protection is very high on my list because I lived at North Cove,

[1:30:46] Voice 5: feed us out for these 72 long years and the shoreline has receded probably 15 feet in my

[1:30:56] Voice 5: lifetime so and it's not stopping so um i'm kind of almost at the point of well should i do

[1:31:07] Voice 5: something about it and pay later or or you know we need to do something about shoreline protection

[1:31:13] Voice 5: section, please. So, let's get that as one of our top priorities. Thank you.

[1:31:24] Voice 6: Planner McCargar, thank you.

[1:31:28] Planner McCargar: Yeah, I just wanted to remind trustees that of the Trust Council

[1:31:32] Planner McCargar: policy that the LTC can have one minor project at a time in addition to one major project if

[1:31:40] Planner McCargar: that project is funded through a business case approved by Trust Council. So, it would be helpful

[1:31:46] Planner McCargar: in this discussion if you identify the minor projects and then place priority

[1:31:52] Planner McCargar: so that staff has direction on what to start with and just keeping in mind that

[1:31:56] Planner McCargar: you're allowed one minor project at a time and if there is a and a minor

[1:32:01] Planner McCargar: project is defined as having a budget below $5,000 and if there are any major

[1:32:08] Planner McCargar: projects that are anticipated to require a budget of over $5,000 then it would be

[1:32:15] Planner McCargar: a good idea to start developing the business case uh now would be the time that we would start

[1:32:19] Planner McCargar: developing a business case to finalize and endorse by the summer um in order to kind of get it

[1:32:27] Planner McCargar: through through the process that way so just that would be helpful if as we're having this

[1:32:31] Planner McCargar: conversation just looking at you know major if anything needs a business case and then minor and

[1:32:37] Planner McCargar: what the priority one and two and three would be there so

[1:32:44] Voice 9: yes trustee let them yeah thank you

[1:32:46] Trustee Luckham (probable): thank you chair so uh planis kargar planner kargar um would it be reasonable for the ltc

[1:32:57] Trustee Luckham (probable): to ask at this time to have um a report of options and associated costs and whether something is

[1:33:10] Trustee Luckham (probable): minor or major i i think on the three things that have come up here which is fixing the water zoning

[1:33:18] Trustee Luckham (probable): we'll call it uh soil deposit and removal bylaw which i believe there is a template that exists

[1:33:25] Trustee Luckham (probable): and shoreline protection and maybe the shoreline protection is a major and maybe the other two are

[1:33:31] Trustee Luckham (probable): minor don't know um and so i would like to have that information so that then we can get behind

[1:33:39] Trustee Luckham (probable): in whatever way is necessary to get those done because i think if there's the ability to do the

[1:33:45] Trustee Luckham (probable): minor ones and get them done and dusted and out of the way and then move into the major project

[1:33:50] Trustee Luckham (probable): i would like to entertain that because i think there's also opportunity for us to engage with

[1:33:55] Trustee Luckham (probable): our community and uh ken and i to have conversations around that as well um to

[1:34:01] Trustee Luckham (probable): advance the shoreline protection is a much bigger broader scope project but um is that a reasonable

[1:34:08] Trustee Luckham (probable): thing to ask you to do between now and the next meeting yeah

[1:34:14] Planner McCargar: through the chair i think that that

[1:34:16] Planner McCargar: is a reasonable request um staff are also we're still kind of wrapping our heads around this major

[1:34:21] Planner McCargar: minor idea so it would be helpful for me to just spend a little bit of time and look at what the

[1:34:27] Planner McCargar: priorities are that you've outlined and then i could come back with a report my sense is that

[1:34:33] Planner McCargar: you're probably correct in thinking that uh the shoreline and coastal protection strategy is more

[1:34:39] Planner McCargar: of a major and then the other two would be more of a minor um but if i had a bit of time to dive

[1:34:45] Planner McCargar: into that more then i could come back with a more fulsome report at the next meeting and

[1:34:49] Planner McCargar: we could move forward from there so

[1:34:53] Trustee Luckham (probable): does that sound good to you ken yes thank you

[1:34:58] Voice 6: do you want to make a make a motion on that about directing staff i

[1:35:04] Trustee Luckham (probable): do but before i leap into that

[1:35:07] Trustee Luckham (probable): i i think in the back of my mind is advocacy and particularly around anchorages

[1:35:18] Voice 8: And

[1:35:18] Trustee Luckham (probable): in fact, it's interesting that we had a conversation about vessel anchorages and the designations that exist having morphed from the necessity for vessels to anchor and to find shelter in one place, right, in one type of vessel.

[1:35:41] Trustee Luckham (probable): And in another type of application before us, where we're talking about vessels having a need to anchor, we're restricting it by putting netting on the bottom.

[1:35:52] Trustee Luckham (probable): And so advocacy, I'm presuming, can happen in some other way, particularly around that, that isn't necessarily a major or minor project.

[1:36:02] Trustee Luckham (probable): And would like to get, Marlis, your idea of how that might

[1:36:08] Voice 9: weave into that.

[1:36:19] Voice 9: Yeah, through the chair, I think that

[1:36:21] Planner McCargar: advocacy is something that could kind of sit in the

[1:36:25] Planner McCargar: background and is something that we continue to work on. I don't know, I guess, was your question

[1:36:29] Planner McCargar: whether that has to be identified as a minor project or not?

[1:36:33] Trustee Luckham (probable): I think that probably that's

[1:36:34] Trustee Luckham (probable): where I'm going because I've been around long enough to know that we don't want to

[1:36:38] Trustee Luckham (probable): task above and beyond our ability to carry the weight both financially and with the resources

[1:36:46] Trustee Luckham (probable): is available. So yeah, so I think you've answered the question. So then I'm going to make a motion

[1:36:53] Trustee Luckham (probable): then that the Thieves Island LTC request staff to bring a report to the LTC regarding

[1:37:05] Trustee Luckham (probable): three potential projects, those being

[1:37:09] Voice 9: omissions

[1:37:16] Trustee Luckham (probable): in the water zoning, that might be a better word

[1:37:18] Trustee Luckham (probable): for it but i think that captures it emissions in the water zoning two soil removal and deposit

[1:37:26] Trustee Luckham (probable): bylaw and three shoreline protection yeah and i'll just leave it at that shoreline protection

[1:37:37] Trustee Luckham (probable): and that report provide information regarding minor or major project

[1:37:46] Voice 9: status um and options

[1:37:54] Voice 9: associated with advancing those this term second perfect seconded

[1:38:05] Voice 6: by trustee hunter

[1:38:06] Voice 6: any discussion on this we'll

[1:38:09] Trustee Luckham (probable): just check in with flannery mccarver does that seem to fit this

[1:38:13] Trustee Luckham (probable): no the idea yeah

[1:38:17] Planner McCargar: i think that gives us enough um clarity to move forward okay

[1:38:21] Trustee Luckham (probable): thank you um so

[1:38:23] Trustee Luckham (probable): did you call the vote there i

[1:38:25] Voice 6: didn't i was just going to so i just called for discussion

[1:38:29] Voice 6: question so would we also be moving what's on the active projects list to the future projects list

[1:38:34] Voice 6: that just looks like an administrative piece just for clarity

[1:38:40] Trustee Luckham (probable): let's leave it for now

[1:38:43] Trustee Luckham (probable): and unless there's some strategic reason to do that well

[1:38:49] Voice 6: they're not active projects at the

[1:38:50] Voice 6: moment is what she's saying so on page 62 there's a list of like this this ocp and luv amendment

[1:39:00] Voice 6: amendment project should not be listed as an active project is what I understood right it should be

[1:39:06] Trustee Luckham (probable): yeah and on page 89 of course is the active project on future projects list

[1:39:11] Voice 6: okay yeah and

[1:39:14] Trustee Luckham (probable): so I'm thinking of this particular report as a discussion piece and the actual projects the the

[1:39:22] Trustee Luckham (probable): the top three priorities are listed on 89 and 90 and then the others are captured there and perhaps

[1:39:31] Trustee Luckham (probable): planner marlis would like to be able to clarify that for all of us yeah

[1:39:37] Planner McCargar: through the chair when

[1:39:38] Planner McCargar: i come back at the next meeting with a report i can clean up this projects list and come back with

[1:39:46] Planner McCargar: um i think that that it would make sense at that time to bring back a cleaned up version

[1:39:50] Planner McCargar: of active and future projects and I'll make sure that we keep everything here but just that we move

[1:39:59] Planner McCargar: it to the appropriate spot and then I guess I'll just at that at that meeting would you then be

[1:40:06] Planner McCargar: once you have the report and understand sort of the options with advancing would you then

[1:40:13] Planner McCargar: decide on what is getting first priority second priority I think that's the idea

[1:40:20] Voice 6: yeah yeah because they can advance a minor project then once they know and and so you're

[1:40:27] Voice 6: scoping out what would be entailed for made those three areas and then we can decide yes we want to

[1:40:34] Voice 6: go for this is a major project and we'll have to apply um for the funding okay um that's great so

[1:40:43] Voice 6: i'll call for the vote all those in favor and that carries thank you everyone thank you

[1:40:53] Voice 9: Great.

[1:40:54] Voice 6: Very efficient team. So we do, we are scheduled for a break and I'll just check in

[1:41:04] Voice 6: with trustees and staff. Do you want to keep going and sort of power through this or do we

[1:41:09] Voice 6: want to take a break now? I see there's no delegations and there's no correspondence to

[1:41:12] Voice 6: receive. So we could take a recess for half an hour if everyone's in agreement.

[1:41:22] Voice 6: you meant um

[1:41:23] Trustee Luckham (probable): well i'll um defer to staff and yourself chair um it seems to me that there's

[1:41:30] Trustee Luckham (probable): opportunity for us maybe to take a 10 minute a break to refill our coffee cups and then perhaps

[1:41:37] Trustee Luckham (probable): there's not a lot i i think there's not a lot to discuss um in the open meeting and the in-camera

[1:41:44] Trustee Luckham (probable): meeting is maybe just an update of information i'm not sure that that will be too lengthy but

[1:41:50] Trustee Luckham (probable): maybe we could wrap this up before we went for a lunch break. But I don't want to push

[1:41:55] Trustee Luckham (probable): my luck here either. So I'm happy to do whatever the chair decides.

[1:42:00] Voice 6: I will defer to people who are in a lot of meetings, who have a way of moving us through

[1:42:06] Voice 6: expeditiously. That's a good idea. So that's a great suggestion. Let's take a 10 minute

[1:42:11] Voice 6: break until 11 25 let's say and uh come back and we'll finish the rest of the business

[1:42:21] Voice 6: thank you everyone

[1:42:22] Voice 6: while trustees and staff are ready i think we'll resume

[1:42:26] Voice 6: and uh we're starting in with new business and our first item is the 2023 regular business

[1:42:34] Voice 6: meeting schedule for adoption i actually have a potential conflict for our next meeting

[1:42:42] Voice 6: So I was wondering if we could discuss any options around the April 25th scheduling.

[1:42:52] Voice 6: And I know I can get somebody else to step in to chair.

[1:42:57] Voice 6: And you can even hold the meeting without me, since there's no drama in theaters.

[1:43:02] Voice 6: But April 25th, there's the Rural Economic Islands REIP partnership.

[1:43:11] Voice 6: partnership their forum is happening on gabriela island and there's going to be a housing focus

[1:43:17] Voice 6: and uh so that's a two-day event and happening the 25th and 26th so i was just wondering if we

[1:43:26] Voice 6: there's any flexibility around that date rei riep forum 25th and 26th well

[1:43:36] Trustee Luckham (probable): i'm certainly flexible

[1:43:36] Trustee Luckham (probable): but i think it's whether or not staff can flex accordingly i think it would be valuable

[1:43:42] Trustee Luckham (probable): It's always valuable to have a chair, but I think it would also be valuable as part of this new term for you to be part of the conversation we're likely to have next meeting about our project.

[1:44:01] Voice 6: Yes. Could we ask, are you both amenable to asking staff if we could canvas for another date around that time?

[1:44:10] Voice 6: and we could set.

[1:44:12] Voice 6: The

[1:44:12] Trustee Luckham (probable): 18th seems obvious, but

[1:44:13] Trustee Luckham (probable): I was

[1:44:15] Voice 6: looking at that as well because there wasn't

[1:44:18] Voice 6: anything scheduled.

[1:44:27] Voice 5: I'm good with any changes

[1:44:28] Voice 5: whatever you come up with. Okay.

[1:44:31] Trustee Luckham (probable): So perhaps

[1:44:32] Trustee Luckham (probable): then, Chair, maybe I might suggest that we make a motion

[1:44:36] Trustee Luckham (probable): to adopt July 4th, September 5th, November 7th and ask staff to return

[1:44:41] Trustee Luckham (probable): with an alternate date in April. That would

[1:44:45] Voice 6: would be great thank you consider that a motion so i'll

[1:44:50] Trustee Luckham (probable): move i'll move then that uh the thetas

[1:44:54] Trustee Luckham (probable): on local trust committee schedule its regular business meetings on the following dates uh july

[1:45:00] Trustee Luckham (probable): july 4th september 5th and november 7th and that staff um uh advise the ltc for an alternate date

[1:45:12] Trustee Luckham (probable): for the April 25th meeting.

[1:45:15] Voice 8: Great.

[1:45:16] Trustee Luckham (probable): Perhaps that would have to be done by RWM.

[1:45:20] Voice 6: I'll second the motion.

[1:45:21] Voice 6: And then Marlis, did you have something?

[1:45:25] Planner McCargar: Yeah, through the chair,

[1:45:26] Planner McCargar: I just wanted to clarify

[1:45:29] Planner McCargar: if there will be any electronic versus in-person

[1:45:32] Planner McCargar: and if that's the case,

[1:45:34] Planner McCargar: if you could just make that clear in the motion.

[1:45:38] Voice 6: Thank you for that reminder.

[1:45:41] Voice 6: Trustees, do you have any preference?

[1:45:42] Voice 6: reference. I'm happy to meet in person whenever possible, but really

[1:45:50] Voice 7: it's up to whatever

[1:45:53] Voice 7: you would typically do.

[1:45:56] Trustee Luckham (probable): Yeah, I don't know that typical is the way anything is done anymore, but

[1:46:01] Trustee Luckham (probable): out of fiscal responsibility, Ken, I might suggest that we make the April meeting and the September

[1:46:11] Trustee Luckham (probable): meeting in person and the July and the November person's meetings electronic.

[1:46:17] Voice 5: I'm agreeable to that.

[1:46:19] Voice 9: That sounds reasonable, yeah.

[1:46:21] Trustee Luckham (probable): Can you take that as discussed or do you want that amended with the motion?

[1:46:28] Voice 6: We'll amend the motion to read that July 4th and November 7th be electronic meetings,

[1:46:40] Voice 6: September 5th be in-person and a date to be determined in April be in-person.

[1:46:48] Voice 5: Correct.

[1:46:49] Voice 6: Okay.

[1:46:51] Voice 6: All right. Marlis, is that clear enough? Great. All those in favor? And thank you so much. That carries.

[1:47:01] Voice 6: So thank you so much for your flexibility on that.

[1:47:06] Voice 6: We have this letter from the WSINAC Leadership Council staff, which I know some of us have seen before.

[1:47:18] Voice 6: Grateful for the thoughtfulness and the really

[1:47:22] Voice 7: wonderful, thorough feedback

[1:47:29] Voice 6: that we've gotten.

[1:47:29] Voice 6: button is there any uh comments or discussion on this letter regarding the 2021 uh draft policy

[1:47:37] Voice 6: statement um

[1:47:40] Trustee Luckham (probable): well I would just um echo what you just said there and it's it's kind of a little

[1:47:45] Trustee Luckham (probable): dated now although it looks like it's only was uh forwarded from trust programs committee in

[1:47:50] Trustee Luckham (probable): in October no September um

[1:47:56] Voice 8: um

[1:47:58] Trustee Luckham (probable): certainly uh what we learned from that uh letter and indeed the work

[1:48:03] Trustee Luckham (probable): that was done there um is certainly important for us to reflect upon in all of our future working

[1:48:09] Trustee Luckham (probable): but particularly in the trust programs policy statement or the trust policy statement work so

[1:48:15] Trustee Luckham (probable): I would just say that at this point we just received that for information because of course

[1:48:19] Trustee Luckham (probable): the story is evolving um with trying to figure out how we're going to engage in a meaningful way

[1:48:26] Trustee Luckham (probable): going forward on all of our work thank

[1:48:32] Voice 9: you for that excellent

[1:48:36] Voice 6: um great so we've got a series

[1:48:39] Voice 6: of reports uh the trust conservancy report from october and october 2022 and february 2023

[1:48:48] Voice 6: 2023. Applications report, date of February 21, which is the only single application that we've

[1:48:57] Voice 6: just heard from. So I'd like to move that we, by general consent, receive reports 12.1 to 12.5

[1:49:08] Voice 6: for information. And thank you for staff to putting those together. Great. Work program.

[1:49:15] Voice 6: we've already discussed the active projects that list is going to be revised and brought back for

[1:49:22] Voice 6: information and further discussion at our next trust committee meeting as well as the future

[1:49:26] Voice 6: projects report so we'll just receive that work program for information and now do i have a mover

[1:49:33] Voice 6: and a seconder to close the meeting so for the in-camera discussion and we'll that'll be followed

[1:49:39] Voice 6: by a rise in report for those of the public that are watching uh

[1:49:47] Trustee Luckham (probable): ken you want to take that

[1:49:48] Trustee Luckham (probable): bottom page

[1:49:53] Voice 6: two there i'll

[1:49:54] Trustee Luckham (probable): move that the meeting be close to the public in accordance with the

[1:49:57] Trustee Luckham (probable): community charter part four division three section ninety subsection one and f for the

[1:50:02] Trustee Luckham (probable): purpose of considering bylaw enforcement and that the recorder and staff attend the meeting

[1:50:07] Trustee Luckham (probable): Do

[1:50:08] Voice 6: I have a seconder? I'll second that. And all those in favor? That carries. Thank you. And so we'll now close the meeting and turn off the recording. But for the public that are watching, we'll rise and report afterwards. Thank you.

[1:50:23] Voice 9: all

[1:50:31] Voice 6: right um well thank you trustees there is nothing to report from our in-camera discussion

[1:50:39] Voice 6: for the public uh so the next meeting date is yet to be set for the local trust committee

[1:50:47] Voice 6: uh was regularly scheduled for april 25th but we're going to try to find another date around

[1:50:53] Voice 6: that time and we'll post that of course as usual so if there's no further business

[1:51:00] Voice 6: this I will declare this meeting adjourned exactly noon well done thank you thank

[1:51:08] Voice 6: you trustees thank

[1:51:09] Voice 6: you staff thank

[1:51:10] Trustee Luckham (probable): you everybody it

[1:51:12] Voice 6: was great to meet with you today yeah it was

ADOPTED 
 
Thetis Island  ADOPTED 1 
Local Trust Committee Meeting Minutes 
February 28, 2023 
  
 
Thetis Island Local Trust Committee 
Minutes of Regular Meeting 
 
Date:  
Location:  
February 28, 2023 
Electronic Meeting 
 
Members Present: Tobi Elliott, Chair 
 Peter Luckham, Local Trustee 
 Ken Hunter, Local Trustee 
  
Staff Present: Marlis McCargar, Island Planner 
 Warren Dingman, Bylaw Compliance & Enforcement Manager 
Vicky Bockman, Recorder 
 
Others Present: Approximately six (6) members of the public  
 
1. CALL TO ORDER 
"Please note, the order of agenda items may be modified during the meeting. Times are provided 
for convenience only and are subject to change." 
Chair Elliott called the meeting to order at 9:30 am. She acknowledged with gratitude that the 
meeting was being held in territory of the Coast Salish First Nations. She introduced Trustees, 
staff and recorder; and noted that this meeting is being live-streamed and recorded for viewing 
on the Islands Trust website. 
2. APPROVAL OF AGENDA 
By general consent the agenda was approved as presented. 
3. REPORTS 
3.1 Trustee Reports 
Trustee Hunter commented that he is pleased to be serving as a Local Trustee once 
again and is looking forward to working with everyone this term. 
Trustee Luckham’s report included the following: 
 He acknowledged the work of previous Trustee Doug Fenton and thanked him 
for his four years of service on the Local Trust Committee (LTC). He welcomed 
Trustee Hunter and commented that he is looking forward to working with him, 
Chair Elliott and staff this term. 
 He reported on activities since the last LTC meeting that include: 
o an ongoing bylaw enforcement file; 

 ADOPTED 
 
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o BC Ferries and Penelakut Tribe conversation regarding the ferry 
terminal; 
o Conversations with Cowichan Valley Regional District regarding the 
government dock, which is the emergency egress point for First 
Responder teams. 
 He attended meetings of the Thetis Island Forum, a group with many local 
stakeholders sharing ideas and working together to consider matters of interest to 
Thetis Islanders. 
 He noted that the LTC meetings include a standing agenda item for the newly 
elected Electoral Area Director McClinton to provide a report.  
 A recently passed Cowichan-wide referendum for funding of a recreational planning 
project involved Thetis Island contributing to recreational centres throughout the 
Cowichan Valley. It is hoped that this can be revisited in some manner as many feel 
it is not equitable for Thetis Island as well as other smaller areas that do not 
generally have access to these recreational facilities. 
3.2 Chair's Report 
Chair Elliott reported that she is looking forward to attending future Thetis Island LTC 
meetings on the island. She mentioned that she also serves on the Islands Trust 
Conservancy and is a Local Trustee for Gabriola Island. 
3.3 Electoral Area Director's Report - none 
4. PUBLIC COMMENTS 
 A member of the public expressed concern with the increasing number and length of stay of 
ship anchorages; and asked what the Islands Trust be doing about this given that the Port of 
Vancouver is continuing to suggest that ships are not causing a major problem? Is there a way 
for Islands Trust to facilitate the different groups across the islands who are interested in ship 
anchorages as a way to share information and solicit actions? 
Trustees and staff comments in response included the following: 
 Serious engagement with the Federal Government on this issue will continue to be 
requested; promoting the consideration of a Trust-wide response might be encouraged to 
improve government response. 
 The Islands Trust currently has no jurisdiction over anchorage sites and does not have 
authority to adopt a nuisance noise bylaw. 
 Engagement with the community is a key strategy for advocacy. 
 The Southern Gulf Islands Forum is a body where anchorages have been a topic of 
discussion. Encouragement of organized anchorage groups was supported and thought 
might be given to what Islands Trust resources can be applied to the issue.  
A member of the public asked for a status report on Lot 88 and whether the Islands Trust has 
received approval for cleanup. 

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 Bylaw Compliance and Enforcement Manager Dingman provided an update, noting that the 
matter continues to be pursued in court with an injunction order that will give another 90 
days to comply with clean up of the property, and he outlined possible action should that 
not occur. 
 Trustee Luckham spoke to the significant risk to community health and safety associated 
with that property, as well as the diminished saleability of adjacent properties.  
5. MINUTES 
5.1 Local Trust Committee Minutes - none 
5.2 Section 26 Resolutions-Without-Meeting Report dated February 21, 2023 
Chair Elliott requested that the time for entry 2022-008 be changed from 10:30 am to 
9:30 am to reflect the correct time that this meeting was scheduled to commence. 
5.3 Advisory Planning Commission Minutes - none 
6. BUSINESS ARISING FROM MINUTES 
6.1 Follow-up Action List dated February 21, 2023 
Planner McCargar provided an overview of the List.  
Discussion included the following: 
 Planner McCargar suggested that the Aug 03, 2021 activity: “staff to prepare a 
discussion paper for the Shoreline and Coastal Protection project” might be 
considered for discussion with the Active and Future Project Lists. 
 Trustee Hunter advised that he is the Thetis Island representative on the Ferry 
Advisory Committee and that he will have more information after the March 
meeting. 
 Trustee Luckham provided a summary of the October 3, 2022 meeting held with 
multiple bodies including representatives from the Penelakut Tribe and BC Ferries 
where issues discussed included ferry access, public safety, fencing, signage 
regarding the historic nature of that site, ways of providing public access to the 
waterfront there, planning for the rebuilding of the ferry dock and the possible 
combining of emergency egress for First Responders. LTC members supported Doug 
Fenton continuing to liaise with Penelakut Tribe members on this initiative. 
7. APPLICATIONS, REFERRALS AND BYLAWS 
7.1 Galiano Island Local Trust Committee Referral Request for Response regarding Bylaw 
Nos. 283 and 284 - for decision  
TH-2023-001 
It was MOVED and SECONDED, 

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February 28, 2023 
  
that the Thetis Island Local Trust Committee does not consider that its interests are 
affected by Galiano Island Bylaw Nos. 283 and 284. 
CARRIED 
7.2 Thetis Island Local Trust Committee Official Community Plan Bylaw No. 108 (OCP) and 
Land Use Bylaw No. 109 (LUB) - Staff Report - for adoption 
Trustee Luckham provided an explanation of the lengthy process involved with these 
amendments which have been a Top Priority since 2019. 
Trustee Hunter asked that the matter of adoption of these amendments be deferred to 
a future meeting to allow for his review of the proposed bylaws which were considered 
prior to his incoming as a Trustee. He proposed that a meeting with staff to discuss his 
questions would be helpful. 
TH-2023-002 
It was MOVED and SECONDED, 
that the Thetis Island Local Trust Committee Bylaw Nos. 108 and 109 be deferred to a 
subsequent meeting for adoption. 
CARRIED 
Trustee Luckham expressed his hope that this might be advanced at the next LTC 
meeting as discussion of Riparian Areas Protection has not progressed in the last four 
years. 
7.3 TH-RZ-2022.1 (Abrupt Shellfish Inc. - Preedy Harbour near Crescent Point) - 
Preliminary Staff Report 
Planner McCargar presented the Staff Report that outlines the background and a 
preliminary overview of the proposal to rezone approximately 14 ha of the marine area 
in Preedy Harbour to allow subtidal geoduck aquaculture. The rezoning would require 
amendments to the Thetis Island Official Community Plan (OCP) and the Land Use Bylaw 
(LUB).  
She identified land use planning issues with this rezoning proposal and the applicant’s 
consideration of some of the reasons for the denial of the previous application in 2020. 
She reported that a portion of the proposed mariculture operation lies within the 
unzoned Thetis Local Trust Area and a portion of the proposed operation extends into 
Thetis Associated Islands planning area which is zoned Marine General (W1). 
Discussion ensued and included the following points: 
 Concerns were expressed that the community’s concerns and interests have not 
changed from those expressed in 2020.  
 If this proposal advances, the rezoning of the piece in the Associated Islands area 
should also move forward. 
 The OCP and LUB zoning should be changed to include the piece that is not in either 
the Associated Islands or Thetis Island jurisdiction areas. 

 ADOPTED 
 
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 Concerns were expressed that the protected waterway between Dayman Island and 
Thetis Island is a recreational site for travellers and community; vessels anchor 
there; the area is used by swimmers throughout the summer months; and this is an 
area of interest to the Penelakut Tribe that has received little or no consultation; 
there is no local employment or food sustainability associated as the product will be 
exported to an international market. 
 If this application moves forward, referrals should be made to the Advisory Planning 
Commission and Penelakut Tribe with another community information meeting 
held. 
 
Chair Elliott invited Yvonne Tomlinson on behalf of the applicant to speak to the 
application with the following comments noted: 
 The proposed operation does not pose a threat to any use of the waterway there, 
and will not interfere with recreational or other uses of the area. 
 The netting will be on the ocean floor with only four buoys visible and will be easy to 
navigate around. 
 Infrastructure will be installed in one small area of maximum 1.5 ha at a time, in 
place for approximately a year then completely removed before another area is 
planted and infrastructure deployed there. 
 Time between seeding and harvest of the entire area would be approximately 12 
years. 
Trustees continued discussion of the proposal and next steps: 
 Concern was expressed that the netting being moved over time will restrict boaters 
from anchoring in that area and it will pose significant safety hazards and potential 
risk to boaters as nets can get caught in boats. 
 This is a complex application that would benefit from the applicant undertaking 
additional consultation with community and the Penelakut Tribe before 
consideration of next steps. 
 
TH-2023-003 
It was MOVED and SECONDED, 
that the Thetis Island Local Trust Committee advise the applicant that they should 
engage in meaningful consultation with Penelakut Tribe and, after that event, hold a 
public community information session in person on Thetis Island and then return to the 
Thetis Island Local Trust Committee with this application. 
CARRIED 
 
8. LOCAL TRUST COMMITTEE PROJECTS 
8.1 Local Trust Committee Active and Future Projects Summary - Staff Report 
Planner McCargar advised that this report was created from discussion at the end of last 
term and that there are no active projects on the work program at this time. She 

 ADOPTED 
 
Thetis Island  ADOPTED 6 
Local Trust Committee Meeting Minutes 
February 28, 2023 
  
reported that Trust Council policy allows for each LTC to have one minor project at a 
time in addition to a major project funded through a business case. 
Trustees reviewed the list and suggested that a report of options and associated costs 
might help to inform a decision on potential projects.TH-2023-004 
It was MOVED and SECONDED, 
that the Thetis Island Local Trust Committee request staff to bring a report to the Local 
Trust Committee regarding three potential projects, those being: 
1. Omissions in the water zoning 
2. Soil Removal and Deposit Bylaw 
3. Shoreline Protection  
and that the report provide information regarding minor or major project status and 
options associated with advancing those this term. 
CARRIED 
9. DELEGATIONS - none 
10. CORRESPONDENCE - none 
(Correspondence received concerning current applications or projects is posted to the LTC 
webpage) 
By general consent the meeting recessed at 11:13 am and reconvened at 11:25 am. 
11. NEW BUSINESS 
11.1 2023 Regular Business Meeting Schedule for Adoption - Staff Report 
Chair Elliott advised of a scheduling conflict for the proposed April 25 meeting and 
suggested that an alternate date might be considered. 
TH-2023-005 
It was MOVED and SECONDED, 
that the Thetis Island Local Trust Committee schedule its regular business meetings on 
the following dates:  
July 4 – held electronically 
September 5 – held in person 
November 7 – held electronically 
and that staff advise the Local Trust Committee of an alternate date for the April 25 
meeting, to be held in person. 
CARRIED 
11.2 2022-09-02 Trust Programs Committee - Briefing regarding Letter from W
̱
SÁNEĆ 
Leadership Council Staff regarding Draft 2021 Islands Trust Policy Statement 
Amendments 
Received.  
 

 ADOPTED 
 
Thetis Island  ADOPTED 7 
Local Trust Committee Meeting Minutes 
February 28, 2023 
  
12. REPORTS 
12.1 Trust Conservancy Report dated October, 2022 - Received. 
12.2 Applications Report dated February 21, 2023 - Received. 
12.3 Trustee and Local Expense Report dated December, 2022 - Received. 
12.4 Adopted Policies and Standing Resolutions - Received. 
12.5 Local Trust Committee Webpage -Received. 
13. WORK PROGRAM 
13.1 Active Projects Report dated February 21, 2023 -Received. 
13.2 Future Projects Report dated February 21, 2023-Received. 
14. CLOSED MEETING 
14.1 Motion to Close Meeting 
TH-2023-006 
It was MOVED and SECONDED, 
that the meeting be closed to the public in accordance with the Community Charter, 
Part 4, Division 3, s90(1)(f) for the purpose of considering Bylaw Enforcement and that 
the recorder and staff attend the meeting. 
CARRIED 
The meeting closed to the public at 11:33 am. 
15. RISE AND REPORT - none 
16. UPCOMING MEETINGS 
16.1 Next Regular Meeting  
The next regular meeting date to be determined. 
16. ADJOURNMENT 
By general consent the meeting was adjourned at 12:00 pm. 
 
_________________________ 
Tobi Elliott, Chair 
 
Certified Correct: 
 
 
_________________________ 
Vicky Bockman, Recorder