Gabriola Island Local Trust Committee regular meeting, June 8, 2023

[0:00:14] Voice 13: All right, good morning, everybody.

[0:00:15] Trustee Luckham (probable): Welcome to the Gabrielle Island Local Trust Committee

[0:00:21] Trustee Luckham (probable): regular meeting for June the 8th. Here we are, month six of the year. Anybody believe that's

[0:00:28] Trustee Luckham (probable): possible? It's certainly not for me. Anyway, my name is Peter Luckham. I'm elected here on

[0:00:33] Trustee Luckham (probable): Thetis Island, and that's, of course, in the Lackshan and Penelope territory. And

[0:00:38] Trustee Luckham (probable): And I'm privileged to be able to live in a Gary Oak ecosystem here.

[0:00:44] Trustee Luckham (probable): And just note that I was at Fire Chiefs Conference in the last few days.

[0:00:51] Trustee Luckham (probable): And one of the sessions that I attended yesterday was about cultural burning, which was something that I am not very familiar with, is really a new concept for me.

[0:01:03] Trustee Luckham (probable): But we had a couple of Little Wat First Nations fire chief and another cultural worker,

[0:01:12] Trustee Luckham (probable): Ministry of Forests employee that spoke to us at length about cultural burning and prescribed burning.

[0:01:20] Trustee Luckham (probable): We called it in the fire industry for a very long time.

[0:01:23] Trustee Luckham (probable): But certainly looking at this as a method of managing fuel on the ground in what is obviously wildfire season.

[0:01:31] Trustee Luckham (probable): And I don't know if everybody's seen those photographs in New York, but they're experiencing the same smoke in New York City from Quebec that we experienced here about five years ago from the interior of B.C.

[0:01:43] Trustee Luckham (probable): So I just want to acknowledge that Coast Salish people have been here for thousands of years and indeed practiced all sorts of environmental, cultural work to sustain themselves in the environment.

[0:02:05] Trustee Luckham (probable): environment, and we're relearning that. They wouldn't have called it science, they called it

[0:02:10] Trustee Luckham (probable): knowledge and knowing, handed down orally from generation to generation, and we're trying to

[0:02:17] Trustee Luckham (probable): embrace that in our science, and that's a good thing. And so that's my acknowledgement of

[0:02:22] Trustee Luckham (probable): the fact that the people of the Coast Salish people have been here for thousands of years,

[0:02:26] Trustee Luckham (probable): and I'm grateful to be here. So I'm going to continue on with that introductions here.

[0:02:31] Trustee Luckham (probable): I'm just going to start at the top of my screen here, I see Susan Elliott, or sorry, Susan Yates, sorry about that. Susan Yates in the boardroom in Gabriela Island. Good morning, Susan.

[0:02:42] Trustee Luckham (probable): Good

[0:02:43] Voice 8: morning, Chair Luckham and everyone else. I'm very pleased to be here. I am on the traditional

[0:02:48] Voice 8: territory of the Seneimo First Nation, and I think about that every day. I really welcome

[0:02:56] Voice 8: opportunities where I can learn better ways to tread less heavily on the land and the surrounding

[0:03:02] Voice 8: waters of the Salish Sea, and to think about caring for this place where I live, and that I

[0:03:09] Voice 8: i call home thank you thank

[0:03:13] Trustee Luckham (probable): you susan appreciate that uh now trustee toby elliott good morning

[0:03:17] Trustee Luckham (probable): good

[0:03:18] Trustee Elliott (probable): morning everybody good morning chair luckham and staff um greeting you today underneath uh

[0:03:24] Trustee Elliott (probable): three beautiful healthy cedars and i'm still so amazed that these um these giants are sustaining

[0:03:32] Trustee Elliott (probable): us and retaining water and um yeah I'm I'm a little I'm sad uh always going into summer

[0:03:42] Trustee Elliott (probable): actually the season is hard for me because when it gets dry and dusty and this doesn't feel like

[0:03:48] Trustee Elliott (probable): the wet um rain coast wet wet wet west coast that I moved to this island uh 10 years ago so

[0:03:55] Trustee Elliott (probable): So I'll note that there's been a big donation of red cedar,

[0:04:03] Trustee Elliott (probable): western red cedar seedlings donated to the plant nursery that GALT manages.

[0:04:09] Trustee Elliott (probable): And so I'm hoping that people are taking them out and planting them

[0:04:13] Trustee Elliott (probable): and watering them, caring for them.

[0:04:15] Trustee Elliott (probable): So grateful to be here, grateful to be among the cedars that remain

[0:04:19] Trustee Elliott (probable): and hopeful we can sustain this ecosystem and steward it

[0:04:23] Trustee Elliott (probable): at the way that Seneca and the Coast Salish people

[0:04:26] Trustee Elliott (probable): have been doing.

[0:04:27] Trustee Elliott (probable): Thank you.

[0:04:29] Voice 8: Toby, I'm happy to let you know

[0:04:31] Voice 8: that those Cedars have already found homes.

[0:04:34] Voice 8: Yeah.

[0:04:37] Trustee Luckham (probable): Okay, thank you.

[0:04:38] Trustee Luckham (probable): So with us online here, we have RPM Renee Jemrak.

[0:04:42] Trustee Luckham (probable): Good morning, Renee.

[0:04:45] Trustee Luckham (probable): And we have Lisa Millard, our recorder and minute taker.

[0:04:48] Trustee Luckham (probable): Thank you for being here

[0:04:49] Trustee Luckham (probable): and helping us up with that important role.

[0:04:52] Trustee Luckham (probable): roll. And I see Taryn Platter on

[0:04:56] Voice 4: the line here. Thank you for joining us. And there you go. And

[0:05:06] Trustee Luckham (probable): whoever else might be hanging around in the background, I don't see any other participants

[0:05:11] Trustee Luckham (probable): on video. Okay, so that I think makes us a complete unit of the local trust committee.

[0:05:18] Trustee Luckham (probable): So I'm really glad we're here today and a little bit of a variation on the theme of meeting having our first electronic meeting as a new LTC.

[0:05:28] Trustee Luckham (probable): So, glad to have that opportunity. So we have an agenda before us.

[0:05:35] Trustee Luckham (probable): I'm not really lengthy but there's some good material to discuss here today. And so I'll just ask if there's any additional business to be added to the agenda today from staff or trustees.

[0:05:47] Voice 8: Yes. Yes, Chair Luckom. I do have one addition to the agenda.

[0:05:52] Voice 8: Okay.

[0:05:53] Voice 13: And

[0:05:54] Voice 8: I do apologize for a last-minute addition, but it's something that I've been dealing with all week.

[0:05:59] Voice 8: So I just thought, well, maybe we can add it to the agenda.

[0:06:03] Voice 8: And it's just, it's a request that I have for our local trust committee to send a request for decision to council for discussion in September.

[0:06:15] Voice 8: on aggregate and gravel extraction on Gabriola,

[0:06:20] Voice 8: but on the islands in general.

[0:06:22] Voice 8: So I'll talk more about that

[0:06:24] Voice 8: if we can add that to the agenda.

[0:06:26] Trustee Luckham (probable): Okay, I'm going to add that at 12.4.

[0:06:29] Trustee Luckham (probable): I'm going to call it gravel and aggregate extraction.

[0:06:32] Trustee Luckham (probable): And I know you've done some work

[0:06:34] Trustee Luckham (probable): and had conversations with staff to prepare for this.

[0:06:36] Trustee Luckham (probable): So I appreciate that work

[0:06:38] Trustee Luckham (probable): and we'll let you take the lead on that when we get there.

[0:06:43] Trustee Luckham (probable): So thank you for that.

[0:06:43] Trustee Luckham (probable): anything else i saw renee's hand up and but trustee elliott you have something um not really

[0:06:49] Trustee Elliott (probable): something but um just i there's no report in first nations reports but there is something i'd like to

[0:06:58] Trustee Elliott (probable): share and an opportunity for exploration and collaboration with sun amok first nation so

[0:07:05] Trustee Elliott (probable): that's it 4.4 but um i could speak to

[0:07:08] Trustee Luckham (probable): that well let's put 4.4.1 um and i'll just say

[0:07:15] Trustee Luckham (probable): comments

[0:07:15] Voice 13: from Trustee Elliott. Is that all right? Okay. Rene, you have something?

[0:07:29] Voice 9: Yes. Thank you, Chair. Good morning, everyone. We received a report electronically this morning

[0:07:36] Voice 9: from RDN Director Area B, Vanessa Craig. So I do have it up on my screen, but if anybody wanted

[0:07:46] Voice 9: to speak to that um and the updates um let me know or you can prompt me and i can do that as well

[0:07:54] Voice 9: we can also add it to the agenda afterwards as part of the minutes uh

[0:07:58] Trustee Luckham (probable): yeah probably that would

[0:08:00] Trustee Luckham (probable): be the best thing to do is add it to the agenda minutes at the end of uh in order that it's uh

[0:08:07] Trustee Luckham (probable): out there for the public uh i did i did see it this morning i quite honestly have not had the

[0:08:12] Trustee Luckham (probable): opportunity to read it already because there was so much of other stuff i had to figure out this

[0:08:16] Trustee Luckham (probable): morning and um so yeah it would be thank you vanessa if you're listening it would be helpful

[0:08:23] Trustee Luckham (probable): to get it a little bit sooner than um on on the meeting day and i understand completely that you

[0:08:30] Trustee Luckham (probable): also have lots on the go and i very much appreciate your willingness and preparedness to

[0:08:35] Trustee Luckham (probable): participate in our meetings so don't take that negatively at all but that would be helpful and

[0:08:41] Voice 9: And I do have one other quick item.

[0:08:43] Voice 9: It could

[0:08:44] Voice 9: go under maybe not necessarily new business,

[0:08:48] Voice 9: but a note that we are coordinating a meeting.

[0:08:52] Voice 9: So an update on the annual protocol meeting with the Regional District of Nanaimo

[0:08:57] Voice 9: and topics for discussion.

[0:08:59] Voice 9: So we can do that as well.

[0:09:02] Trustee Luckham (probable): Okay.

[0:09:02] Trustee Luckham (probable): Well, let's put that under new business.

[0:09:04] Trustee Luckham (probable): I think that sounds like a new business item to me.

[0:09:06] Trustee Luckham (probable): So I'll put that at 12.5.

[0:09:09] Trustee Luckham (probable): We'll call it RDN meeting.

[0:09:11] Trustee Luckham (probable): Is that all right?

[0:09:12] Trustee Luckham (probable): Protocol meeting?

[0:09:13] Trustee Luckham (probable): Yeah, protocol.

[0:09:13] Voice 9: Annual protocol meeting.

[0:09:15] Voice 9: That would be great.

[0:09:15] Voice 9: Thank you.

[0:09:16] Trustee Luckham (probable): And thank you, Renée, for organizing that.

[0:09:19] Trustee Luckham (probable): That's another important item in our working with others mandate.

[0:09:25] Trustee Luckham (probable): So that's terrific.

[0:09:27] Trustee Luckham (probable): Anything else?

[0:09:30] Trustee Luckham (probable): Okay.

[0:09:31] Trustee Luckham (probable): So, Lisa, you managed to capture those items, a new item of 4.4.1, two items in new business

[0:09:39] Trustee Luckham (probable): so 12.4 and 12.5 i did thank you excellent all right then so uh with that let us begin um

[0:09:52] Trustee Luckham (probable): just thinking about ryzen report from our previous meeting where we made some appointments to a

[0:09:57] Trustee Luckham (probable): apc we've got that actually as an item here today with a with a new motion which i think

[0:10:02] Trustee Luckham (probable): is intended to capture that ryzen report from the last meeting and i'm seeing renee

[0:10:07] Trustee Luckham (probable): nodding so thank you very much renee for that um so then let us move directly into trustee reports

[0:10:14] Trustee Luckham (probable): at 4.1 and um trustees who wants to begin today jump in i

[0:10:23] Voice 8: don't mind beginning um go ahead go

[0:10:26] Voice 3: ahead susan

[0:10:27] Voice 8: okay um i would i would like to very happily uh let people anyone who might be listening

[0:10:35] Voice 8: know that we now have um we've hired a new senior indigenous relations advisor for the islands trust

[0:10:44] Voice 8: and this is kind of a replacement for the former senior intergovernmental policy advisor although

[0:10:52] Voice 8: i think this title really fits the job better and her name is robin keffy and she will be starting

[0:11:00] Voice 8: on July 17th. And I am so grateful that we have hired someone full-time permanently for that

[0:11:07] Voice 8: position. I really appreciate that. So the other thing I thought I would mention

[0:11:14] Voice 8: is that I have been appointed to Gabriel Recreation and Electoral Area B Parks and

[0:11:22] Voice 8: Trails Master Plan Advisory Committee. And Elaine McCullough at RDN is trying to arrange

[0:11:29] Voice 8: our first meeting. We haven't quite set that date yet. The other thing I would like to report is that

[0:11:37] Voice 8: I had a really, really fulsome, informative, and really interesting day with Islands Trust

[0:11:45] Voice 8: Conservancy staff on June 2nd. And we went around and they were monitoring the three nature reserves

[0:11:53] Voice 8: on Gabriela, so Burns Acres, Coats Millstone,

[0:11:58] Voice 8: and Elder Cedar, Silk, Ween, Shpay.

[0:12:01] Voice 8: And we spent the whole day at those three nature reserves.

[0:12:06] Voice 8: I learned a lot.

[0:12:07] Voice 8: I enjoyed their company so much.

[0:12:10] Voice 8: And once again, I can't say enough about the integrity

[0:12:15] Voice 8: and the dedication of Islands Trust Conservancy staff.

[0:12:19] Voice 8: I, in all my 50 years of doing environmental work,

[0:12:22] Voice 8: don't think i've ever met um people who are just so dedicated to their job so it was a wonderful

[0:12:29] Voice 8: day so i'll leave it at that for now thank you okay

[0:12:36] Voice 4: thank you very much um uh susan um so toby

[0:12:42] Voice 4: yes

[0:12:44] Trustee Elliott (probable): um good morning everyone i'll work backwards from today through my calendar it's the only way

[0:12:50] Trustee Elliott (probable): I can compile the events that have happened in the last month. World Oceans Day was June 7th,

[0:13:00] Trustee Elliott (probable): and it was celebrated in quite a landmark event here on Gabriela Island.

[0:13:06] Trustee Elliott (probable): and um synonymic first nation um organized with the um with dfo and support from um

[0:13:17] Trustee Elliott (probable): marine biologists a big community event on the reserve number five and to my knowledge and many

[0:13:27] Trustee Elliott (probable): people spoke to spoke to this there has never been an event like this for the two communities

[0:13:34] Trustee Elliott (probable): to come together on that reserve area so this was such it was such a beautiful

[0:13:41] Trustee Elliott (probable): I mean science and traditional knowledge and technology and elk burgers and feasting and

[0:13:53] Trustee Elliott (probable): Zenimic First Nation was there just in full leadership force and hosting us on their land

[0:14:02] Trustee Elliott (probable): and so it was it was a magnificent day um some of the well what I learned from that was that they

[0:14:12] Trustee Elliott (probable): they have a marine division I believe has been operating since 2018 and I'll speak to this a

[0:14:19] Trustee Elliott (probable): little bit more in the First Nation reports because I think there's some opportunity for

[0:14:23] Trustee Elliott (probable): collaboration um they did a demonstration with an ROV remote operated vehicle um that goes

[0:14:31] Trustee Elliott (probable): underwater and and maps the sea life and so they were showing kids the video that was coming up on

[0:14:39] Trustee Elliott (probable): the screen that was really cool and so yeah it just it was such a wonderful day and I want to

[0:14:46] Trustee Elliott (probable): credit Christy Wilson she's a marine biologist who works with DFO and has really strong has really

[0:14:53] Trustee Elliott (probable): built up strong relationships with First Nations that she works with and she co-organized this

[0:15:00] Trustee Elliott (probable): event i believe with them in her capacity um and yeah there's lots of kids out there was just great

[0:15:09] Trustee Elliott (probable): feelings and and lots of sharing and and it was just i'm so grateful to to have been there um

[0:15:17] Trustee Elliott (probable): going back a little bit yeah my life has been a little bit preoccupied with

[0:15:24] Trustee Elliott (probable): personal events my uh a documentary that i've been working on for 10 years the oldest functioning

[0:15:29] Trustee Elliott (probable): sailboat in Canada relaunched on May 27th so I was there to document it um it was also the canoe

[0:15:38] Trustee Elliott (probable): launching of um Bo Wagner who some of us on Gabriela Island will remember well many of us

[0:15:45] Trustee Elliott (probable): will remember who carved two traditional or a traditional dugout canoe here with

[0:15:49] Trustee Elliott (probable): the Gabriela kids and he launched a canoe I wasn't able to be there but he's been working

[0:15:54] Trustee Elliott (probable): working out of Wildwood Forest. I've held office hours almost every Tuesday and Thursday,

[0:16:02] Trustee Elliott (probable): so if anybody wants to come see me, it has varying success. The office hours in the Gabriel

[0:16:09] Trustee Elliott (probable): offices on Thursday mornings are somewhat attended. People do come to see me and talk

[0:16:17] Trustee Elliott (probable): about community issues. I had someone come from Mudge Island and she's exploring developing

[0:16:23] Trustee Elliott (probable): developing a community association to better interact with the Islands Trust

[0:16:29] Trustee Elliott (probable): and advocate for their interests and priorities.

[0:16:34] Trustee Elliott (probable): I'm exploring having a meeting there.

[0:16:36] Trustee Elliott (probable): Susan, I sent you an email, whether we can go there and just host an informal gathering

[0:16:43] Trustee Elliott (probable): to meet with community members, not a business meeting.

[0:16:47] Trustee Elliott (probable): And

[0:16:47] Voice 13: I did reply. Thank you, Toby.

[0:16:49] Voice 13: So

[0:16:50] Trustee Elliott (probable): I think that would be good.

[0:16:51] Trustee Elliott (probable): and oh there's other things that have happened but oh and then the chair training um that our

[0:17:00] Trustee Elliott (probable): cao organized on may 19th in victoria was excellent and i just wanted to thank staff

[0:17:08] Trustee Elliott (probable): for putting that together uh it was a full day there was lots of learning with lisa's warn and

[0:17:14] Trustee Elliott (probable): And the parts that I particularly enjoyed was how to facilitate decision making processes, especially with a council as large as ours.

[0:17:25] Trustee Elliott (probable): So I'm hoping that will turn into future learning opportunities for the rest of council members, because I think there's there's a lot there and there's some stuff that we could dig into for the benefit of everyone.

[0:17:38] Trustee Elliott (probable): That's about it for me. Oh, yes.

[0:17:41] Trustee Elliott (probable): and i moved 4 000 pounds of hay yesterday so i'm a little tired that's this is the hay season

[0:17:49] Trustee Luckham (probable): wow okay from oceans to hay there we go so uh thank you also toby and uh especially thank you

[0:17:58] Trustee Luckham (probable): for reporting on the activities um on uh gabriola with uh the name of first nations with respect to

[0:18:05] Trustee Luckham (probable): World Ocean Day. And of course, Gabriela and the Namo Nation are ahead of us on that, because

[0:18:13] Trustee Luckham (probable): actually today is World Ocean Day, officially. But that's okay, because things happen according

[0:18:20] Trustee Luckham (probable): to capacity and timing. And that is fantastic. And, you know, I sort of have always celebrated

[0:18:28] Trustee Luckham (probable): World Ocean Day in the hopes that on one of these World Ocean Days, we're going to announce

[0:18:36] Trustee Luckham (probable): a National Marine Conservation Area Reserve for the inland seas of the Coast Salish peoples here

[0:18:44] Trustee Luckham (probable): amongst the Gulf Islands and the Islands Trust area. That has always been the hope that that

[0:18:50] Trustee Luckham (probable): would come to pass one day at either on a world ocean day or on a on a salish sea um uh celebration

[0:18:59] Trustee Luckham (probable): day and indeed that work continues and i know it's complex and there's lots of engagement that's

[0:19:05] Trustee Luckham (probable): ongoing but certainly look forward to us recognizing that in the commitment that

[0:19:10] Trustee Luckham (probable): world is making to protect 30 of the oceans certainly the national marine conservation

[0:19:15] Trustee Luckham (probable): conservation area reserve in this area will contribute significantly to that protection and

[0:19:20] Trustee Luckham (probable): it's something that our our federal government Canada can do and so look forward to that so the

[0:19:26] Trustee Luckham (probable): key words are which is joyful really on World Ocean Day is one ocean one climate one future

[0:19:31] Trustee Luckham (probable): together that's and that's all of us all globally

[0:19:35] Voice 13: so

[0:19:36] Trustee Luckham (probable): thank you for raising that there was actually

[0:19:40] Trustee Luckham (probable): a publication that came out this morning even from from the ocean protection plan which is

[0:19:46] Trustee Luckham (probable): sort of the the the big initiative was trying to do ocean protection here and one of the things

[0:19:57] Trustee Luckham (probable): that was celebrated in that publication and I encourage you to try and find it if you can

[0:20:02] Trustee Luckham (probable): ocean protection plan report celebrating women in the marine ecology and marine work

[0:20:11] Trustee Luckham (probable): and of course that's also something that is important for us to acknowledge and continue

[0:20:16] Trustee Luckham (probable): to do we've come a long way since the 30s 1930s post-depression in the 50s and 60s and 70s

[0:20:24] Trustee Luckham (probable): where women's rights were virtually non-existent and certainly they've come some way but there's

[0:20:30] Trustee Luckham (probable): a lot further way to go and acknowledging the contribution on that work is incredibly important

[0:20:38] Trustee Luckham (probable): so um of course uh trustee elliott sits on executive committee with me and you've touched

[0:20:43] Trustee Luckham (probable): on a number of the things that we've been doing together um the workshop training which was really

[0:20:50] Trustee Luckham (probable): rewarding to see all of the chairs together to uh come to a common understanding of how we can

[0:20:57] Trustee Luckham (probable): and assist in leadership.

[0:21:01] Trustee Luckham (probable): And that was really great work

[0:21:03] Trustee Luckham (probable): and indeed grateful to Russ Hopson-Piller.

[0:21:05] Trustee Luckham (probable): The other important meeting that I participated in

[0:21:08] Trustee Luckham (probable): in the last little bit was our governance.

[0:21:11] Trustee Luckham (probable): Well, there's many meetings,

[0:21:12] Trustee Luckham (probable): but ones that stand out for me

[0:21:14] Trustee Luckham (probable): are a governance committee meeting just last week

[0:21:18] Trustee Luckham (probable): where we're grappling with the work

[0:21:20] Trustee Luckham (probable): that was presented to us as necessary

[0:21:24] Trustee Luckham (probable): from the governance review

[0:21:26] Trustee Luckham (probable): review and of course council's interest in the past term and of course council's interest in

[0:21:31] Trustee Luckham (probable): this term to look at how we're achieving our preserve and protect mandate and how we can do

[0:21:39] Trustee Luckham (probable): that better. And this work ably managed by Chair Getty on the governance committee is indeed

[0:21:46] Trustee Luckham (probable): progressing in a really great way. Some really good conversations going on there and I look

[0:21:51] Trustee Luckham (probable): forward to hearing more about that and being able to report about that of course we are also getting

[0:21:57] Trustee Luckham (probable): ready for uh for trust council on gabriella island at the haven and really grateful to have that

[0:22:02] Trustee Luckham (probable): opportunity to be in that community again and um that's at the end of the month here coming up and

[0:22:09] Trustee Luckham (probable): um i think oh one uh final thing that i'd uh i would like to report on late i'm tardy and i

[0:22:16] Trustee Luckham (probable): apologize for that i have written a letter to uh nav canada uh the cao and the and the president of

[0:22:24] Trustee Luckham (probable): nav canada and others there um and that i have finished that and i've handed that off to staff

[0:22:30] Trustee Luckham (probable): to uh format and send out i see renee nodding so she must have seen it so that's great if not um

[0:22:37] Trustee Luckham (probable): it's certainly in the works and so i it took me a while i was getting writer's block you know i'm

[0:22:42] Trustee Luckham (probable): sure that you all appreciate that and that i managed to get to a place where i could say

[0:22:49] Trustee Luckham (probable): uh genuinely and in a very supportive way what the problem is and i've essentially asked uh nav

[0:22:55] Trustee Luckham (probable): canada to restart this consultation process uh engaging with communities in a meaningful way

[0:23:00] Trustee Luckham (probable): because they did not do that so um uh we'll see what comes of that but that is in the works and

[0:23:06] Trustee Luckham (probable): we'll hopefully get out very shortly um that's it for me so electoral area director report is next

[0:23:15] Trustee Luckham (probable): unless there's any questions okay that's good um and i'm just gonna check that i don't see vanessa

[0:23:21] Trustee Luckham (probable): coming online here no so um i think we got regrets um with her report so grateful for it and um so

[0:23:31] Trustee Luckham (probable): that will be uh received uh on the agenda and become part of the minutes so the public can

[0:23:35] Trustee Luckham (probable): can see it, and thankful for that. So the next item is First Nations report. There's nothing

[0:23:42] Trustee Luckham (probable): formal here, although Trustee Elliott has something to advise us with respect to

[0:23:48] Trustee Luckham (probable): First Nations relationship building, I guess. Go ahead, Toby.

[0:23:53] Trustee Elliott (probable): Thank you, Chair. It's an opportunity, I believe, to explore with Sonoma Coast Marine Division,

[0:24:03] Trustee Elliott (probable): and i'm still trying to find out more information i believe this marine division

[0:24:08] Trustee Elliott (probable): was struck to intervene with oil spills or emergencies and sort of be activated

[0:24:16] Trustee Elliott (probable): but what they're looking at in the future now and to the future is how to deal with the anchorages

[0:24:23] Trustee Elliott (probable): um that are um well being anchored off our coast so um and in their territory and they're looking

[0:24:34] Trustee Elliott (probable): at um i spoke to the one of the directors and he said they're wanting to do research

[0:24:40] Trustee Elliott (probable): and collect data to sort of map a baseline inventory of the sea life um where the anchor

[0:24:51] Trustee Elliott (probable): where the ships are currently being anchored and be able to speak to the impacts of the anchor

[0:25:00] Trustee Elliott (probable): dragging that's happening on the sea. And I don't want to speak too much about their plans because I

[0:25:07] Trustee Elliott (probable): don't know enough right now, but I wondered if there's an opportunity to collaborate. They're

[0:25:14] Trustee Elliott (probable): getting the science and they have the knowledge and technology and the will, it sounds like,

[0:25:20] Trustee Elliott (probable): to investigate the impacts of of the anchorages on the seafloor in their territories so how might we

[0:25:29] Trustee Elliott (probable): support and collaborate and work with them in in this capacity so just looking for some

[0:25:37] Trustee Elliott (probable): input there i i would i'd be so happy to hear that cinemac is taking the lead in in advocacy

[0:25:44] Trustee Elliott (probable): and i know they've they've written letters and they're in connection or they've connected to

[0:25:49] Trustee Elliott (probable): MP. I'm sorry, I've forgotten her name. Lisa, who's her? Marie Barrett. Yeah. And they have a

[0:25:58] Trustee Elliott (probable): voice federally, of course. And so, you know, just at the local government level, how can we support

[0:26:04] Trustee Elliott (probable): an initiative to address and gather research on the impacts of anchorages here? So that was about

[0:26:13] Trustee Elliott (probable): it for me so we

[0:26:16] Trustee Elliott (probable): just have a quick question

[0:26:17] Voice 8: um do you know whether they've already connected with

[0:26:20] Voice 8: the south coast shipwatch alliance or with any gaffa members i

[0:26:26] Trustee Elliott (probable): don't believe i i don't know

[0:26:28] Trustee Elliott (probable): enough yet um i'll i'll connect the gentleman i spoke to i've got his card um john i've forgotten

[0:26:36] Trustee Elliott (probable): gotten his last name but he seems to be heading up um any intergovernmental and interagency

[0:26:42] Trustee Elliott (probable): relationship building and and so i'll follow up with him if if you folks think that's a good idea

[0:26:50] Trustee Elliott (probable): and see if i can get more information on what their strategy is or who they're connected to

[0:26:58] Voice 13: yeah

[0:27:01] Voice 4: maybe i'll

[0:27:02] Trustee Luckham (probable): um contribute here um i see a hand up well that's renee okay so i'll just

[0:27:07] Trustee Luckham (probable): add to this and then i'll turn to renee um thank you for that this information that's good that's

[0:27:15] Trustee Luckham (probable): it's actually exciting and it's especially appropriate on world ocean day and especially

[0:27:21] Trustee Luckham (probable): appropriate when the ocean protection program people are celebrating um world ocean day because

[0:27:29] Trustee Luckham (probable): i'm going to be blunt the ocean protection plan has failed us in this respect

[0:27:34] Trustee Luckham (probable): act. One of the criteria that has been asked for and there were commitments that it would be done

[0:27:42] Trustee Luckham (probable): was exactly what you're talking about, doing the seafloor analysis on what the benthic values are

[0:27:50] Trustee Luckham (probable): there and what the impacts of anchor dragging are. And to the best of my knowledge, that has not been

[0:27:57] Trustee Luckham (probable): been done. And so we're missing that baseline information. So I'm glad to hear that SNANEMO

[0:28:03] Trustee Luckham (probable): First Nation is wanting to advance that because perhaps they'll have more success than we have had.

[0:28:10] Trustee Luckham (probable): It's also exciting that in, you know, what you reported earlier about Fisheries and Oceans

[0:28:17] Trustee Luckham (probable): having the ROV there that can do that kind of benthic survey work is all part and parcel of that.

[0:28:24] Trustee Luckham (probable): that. And so it would be great if that can happen. And I'll just share with you a little observation,

[0:28:30] Trustee Luckham (probable): you know, every once in a while, and I do feel a little guilty about it, I get to fly places.

[0:28:34] Trustee Luckham (probable): And I did go to Penticton by air. And of course, that gives me the opportunity to fly out into

[0:28:40] Trustee Luckham (probable): Nanaimo Airport and go across when I'm exiting out to go to that area across the Salish Sea and

[0:28:48] Trustee Luckham (probable): observe what's happening out there. And indeed, there's lots of vessels that anchor throughout

[0:28:52] Trustee Luckham (probable): out to say with the sea big ones freighters and of course what was surprising to me actually is

[0:28:57] Trustee Luckham (probable): when i came back in yesterday and we did kind of a big loop around and i know that that's probably

[0:29:03] Trustee Luckham (probable): troublesome for the gabrielians um with respect to low-flying aircraft but nonetheless it there

[0:29:09] Trustee Luckham (probable): was an opportunity i hadn't had before to observe the vessel anchorages between the um the mill

[0:29:16] Trustee Luckham (probable): and Gabriela Island. Normally, I've observed the ones closer to Dodge Narrows and Duke Point,

[0:29:23] Trustee Luckham (probable): and so these ones were further north there, and the log booming is another aspect of that,

[0:29:30] Trustee Luckham (probable): that the detritus and debris that sits on the bottom. I've actually witnessed that firsthand

[0:29:33] Trustee Luckham (probable): in my diving work that I've done, and it's deeper than you can push your arm into it

[0:29:40] Trustee Luckham (probable): because it's been collected for so long and is indeed something else to be considered,

[0:29:44] Trustee Luckham (probable): But the number of vessels that are at anchor in there, accessing Duke Point and the Mill site there, is quite significant.

[0:29:54] Trustee Luckham (probable): And, of course, that's in the Nanaimo Port Authority jurisdiction.

[0:30:00] Trustee Luckham (probable): which is different than the rest of the gulf islands which of course we're struggling with

[0:30:04] Trustee Luckham (probable): the concept that that may fall into the port of metro vancouver's uh jurisdiction but nonetheless

[0:30:09] Trustee Luckham (probable): um um that's something that needs to be addressed i'm glad to hear toby that you brought that to us

[0:30:16] Trustee Luckham (probable): and i'm certainly would be supportive of any you know not that there's much we can do but certainly

[0:30:21] Trustee Luckham (probable): would what would like to voice that we're in support of doing this work i've talked for too

[0:30:26] Trustee Luckham (probable): long now i apologize um if there's nothing further i'll just move on renee you had something just a

[0:30:33] Voice 9: quick um thought um sharing ideas here um connecting with the islands trust conservancy

[0:30:40] Voice 9: maybe they might also have some thoughts and ideas trustee elliott um so

[0:30:47] Voice 4: trustee elliott's

[0:30:48] Voice 4: on the conservancy and

[0:30:49] Voice 9: it sounds like you're you're connected there but with maybe with staff

[0:30:52] Voice 9: they might also have some information absolutely

[0:30:54] Trustee Elliott (probable): and mapping the kelp beds and the nursery areas

[0:30:58] Trustee Elliott (probable): this is this is work that synonymic one is undertaking and so and just a correction share

[0:31:04] Trustee Elliott (probable): luckum the rov is actually owned and operated by the synonymic coast marine division i think it

[0:31:11] Trustee Elliott (probable): might be partially funded through fisheries and oceans i'm not sure but they have their own marine

[0:31:16] Trustee Elliott (probable): division and their own technology. And so they're really taking the lead on mapping

[0:31:23] Trustee Elliott (probable): the kelp beds and everything else. So if I have everyone's support, I'll start making inquiries

[0:31:31] Trustee Elliott (probable): and then report back with what we're learning, I guess, opportunities for partnership.

[0:31:37] Trustee Luckham (probable): We would certainly like to be on the receiving end of information. Great. And of course,

[0:31:43] Trustee Luckham (probable): as you know, we have eelgrass mapping and some kelp bed mapping that exists already. And there's

[0:31:48] Trustee Luckham (probable): actually kelp restoration work going on even here on Thetis. There's a team of people that are

[0:31:53] Trustee Luckham (probable): working to do kelp restoration. And so those are all important things. So that's great. And thank

[0:31:57] Trustee Luckham (probable): you, Renee. If there's nothing further on this topic, I'll move on. Just checking the attendees

[0:32:04] Trustee Luckham (probable): in our meeting. We have one staff person there, but nobody from the public is in the attendees

[0:32:09] Trustee Luckham (probable): section. So just advise people that are watching the live streaming, if you had hoped to address

[0:32:15] Trustee Luckham (probable): the local trust committee today, what you need to do is log out of that and come back in.

[0:32:22] Trustee Luckham (probable): I don't even know if that's possible, actually, with our technology today. But anyway, nonetheless,

[0:32:27] Trustee Luckham (probable): I'm going to continue on. If it seems that there's a necessity for somebody to speak to us, then

[0:32:31] Trustee Luckham (probable): um we can possibly try to achieve that um and i i'm guessing that we must have as potentially a

[0:32:40] Trustee Luckham (probable): couple of attendees is those that have the applications before us today and um i'm not

[0:32:45] Trustee Luckham (probable): sure how we're managing that but let us

[0:32:47] Voice 9: keep an eye on that chair okay any members from the public

[0:32:51] Voice 9: and applications coming through

[0:32:52] Trustee Luckham (probable): okay perfect thank you very much for that so i'm going to continue on

[0:32:56] Trustee Luckham (probable): then uh if that's all right not seeing any other hands up 6.1 local trust committee uh minutes

[0:33:02] Trustee Luckham (probable): dated april 11th they're here for adoption are there any concerns with those minutes then i'm

[0:33:09] Trustee Luckham (probable): going to take it if i go too fast just tell me to slow down i'm going to adopt the minutes of april

[0:33:15] Trustee Luckham (probable): the 11th by uh general consent and uh thank staff for uh the work that you do there um next item uh

[0:33:23] Trustee Luckham (probable): next two items is nothing to report with respect to resolutions at meetings or planning advice

[0:33:29] Trustee Luckham (probable): from commission minutes. And the next final item is, next item is at 7.1, the follow-up action list

[0:33:36] Trustee Luckham (probable): dated May the 31st. And I'll just ask briefly staff, if you have any last minute updates to

[0:33:44] Trustee Luckham (probable): that follow-up action list, otherwise we'll just go to questions from the trustees. Do you have

[0:33:48] Trustee Luckham (probable): anything to add renee through

[0:33:51] Voice 9: the chair i don't have anything to add what i what gets added here

[0:33:57] Voice 9: you'll see some are completed some get completed quite quickly so we just leave them on

[0:34:03] Voice 9: so everybody can see that they're done before they get removed from the list so there's nothing new

[0:34:10] Voice 9: to add here but you might notice some actions that are noted in progress are in the process

[0:34:16] Voice 9: as it being completed so they're still technically in progress until the next meeting okay i see a

[0:34:24] Voice 9: question from the recorder i do yeah

[0:34:26] Voice 8: through the chair um the minutes that were adopted were

[0:34:30] Voice 8: actually dated may 11th not april 11th i

[0:34:34] Trustee Luckham (probable): was wondering about that that's um that's uh fine

[0:34:38] Trustee Luckham (probable): so then i'll just repeat that then well you can just adjust the uh minutes accordingly that the

[0:34:43] Trustee Luckham (probable): the minutes of May the 11th, 2023

[0:34:46] Trustee Luckham (probable): be adopted by General Consent.

[0:34:48] Voice 13: Thank you.

[0:34:49] Voice 13: Thanks Lisa.

[0:34:51] Trustee Luckham (probable): So over to trustees now,

[0:34:53] Trustee Luckham (probable): do you have any questions for staff

[0:34:55] Trustee Luckham (probable): with respect to the follow-up action list?

[0:34:57] Trustee Luckham (probable): And I see Trustee Elliot, you've got your hand up.

[0:35:00] Trustee Elliott (probable): Thank you, Chair.

[0:35:02] Trustee Elliott (probable): My question is sort of with number two,

[0:35:05] Trustee Elliott (probable): this heritage register,

[0:35:08] Trustee Elliott (probable): which I believe was initiated by community members

[0:35:13] Trustee Elliott (probable): who were interested in, you know,

[0:35:18] Trustee Elliott (probable): how do we protect these heritage sites?

[0:35:20] Trustee Elliott (probable): And I think this was spurred on by Silva Bay

[0:35:24] Trustee Elliott (probable): and the dismantling of the ways there.

[0:35:30] Trustee Elliott (probable): Do we have in the terms of reference

[0:35:33] Trustee Elliott (probable): or in this task sort of how First Nations heritage

[0:35:37] Trustee Elliott (probable): is considered and related under the Heritage Act?

[0:35:43] Trustee Elliott (probable): and how you know what that relationship is between what we designate as settler heritage sites

[0:35:50] Trustee Elliott (probable): first nation heritage sites i'm just like i'm not really sure what i'm asking other than

[0:35:58] Trustee Elliott (probable): um is this an encompassing project to to investigate heritage as a whole

[0:36:04] Trustee Elliott (probable): or just specifically sort of settler heritage and what we have developed in terms of community

[0:36:14] Trustee Elliott (probable): history, this community's history. All

[0:36:19] Trustee Luckham (probable): right. RPM, Gemma, you have an answer for us there.

[0:36:23] Voice 9: Thank you through the chair. My quick answer is I assigned this because it didn't to me,

[0:36:28] Voice 9: because I'm the LTC planner right now. This hasn't been initiated just yet.

[0:36:35] Voice 9: So what would need to be required is Stephanie to look into the minutes from the details and provide some sort of overview of what the work would be, just to make sure we've captured that scope and intent.

[0:36:50] Voice 9: Because I'm not clear what's been captured and how First Nation context or perspective is also part of that.

[0:36:59] Voice 9: So that would need to be confirmed.

[0:37:02] Voice 9: and as we engage and bring up that report or that information to pursue um i think that's when we

[0:37:09] Voice 9: can also talk about what other information needs to be a part of that so no work has yet been

[0:37:14] Voice 9: started on that one that's from december 2022 which was before it started so i'll have to look

[0:37:20] Voice 9: into it but the opportunity is there to also include that i

[0:37:26] Trustee Elliott (probable): i think it's a big project actually

[0:37:28] Trustee Elliott (probable): and that's why we wanted to scope it out first

[0:37:31] Trustee Elliott (probable): because there was a request from the public

[0:37:33] Trustee Elliott (probable): to we need a heritage register

[0:37:36] Trustee Elliott (probable): and we're like well what does that entail

[0:37:39] Trustee Elliott (probable): and how best to do that

[0:37:41] Trustee Elliott (probable): and is it possible to also consider the work

[0:37:45] Trustee Elliott (probable): of the heritage overlay mapping

[0:37:46] Trustee Elliott (probable): the phase one that was undertaken by trust council

[0:37:50] Trustee Elliott (probable): I think two or three years ago

[0:37:53] Trustee Elliott (probable): we might see some of the problems

[0:37:59] Trustee Elliott (probable): or opportunities that that project presented

[0:38:01] Trustee Elliott (probable): because it was left at phase one,

[0:38:03] Trustee Elliott (probable): we didn't engage in phase two,

[0:38:05] Trustee Elliott (probable): but perhaps there's something we can learn,

[0:38:07] Trustee Elliott (probable): I don't know, that would inform this work.

[0:38:11] Voice 9: Through the chair, I think that's all great discussion.

[0:38:15] Voice 9: And my sense was this looked like a project

[0:38:20] Voice 9: instead of a follow-up action item.

[0:38:24] Voice 9: So my thought was to treat this

[0:38:27] Voice 9: this as a sort of a memo to introduce that as a project and then we can have the opportunity to

[0:38:33] Voice 9: scope that out and discuss that and put it in the future projects list but I think just before that

[0:38:40] Voice 9: happens maybe a little bit of research I suspect is what this is being asked for okay thanks for

[0:38:46] Trustee Elliott (probable): that update yeah

[0:38:48] Trustee Luckham (probable): I might suggest the work that I'm familiar with in the Islands Trust area on

[0:38:54] Trustee Luckham (probable): on that heritage registry piece of that puzzle,

[0:38:59] Trustee Luckham (probable): which is, I believe is much bigger than colonial heritage.

[0:39:06] Trustee Luckham (probable): However, I also recognize

[0:39:08] Trustee Luckham (probable): that First Nations heritage is also different.

[0:39:13] Trustee Luckham (probable): And that's not for us to determine

[0:39:16] Trustee Luckham (probable): what may or may not be said or done

[0:39:18] Trustee Luckham (probable): with respect to some of those sites,

[0:39:20] Trustee Luckham (probable): But South Pender Island has a site on their island that was added to the registry, and I think maybe more than one.

[0:39:29] Trustee Luckham (probable): But there is other work throughout the trust area that has been done with that registry process.

[0:39:34] Trustee Luckham (probable): And I would just suggest, Rene, that you maybe follow up with Robert Kojima, your colleague in Victoria.

[0:39:43] Trustee Luckham (probable): He may be able to help contribute to the knowledge there.

[0:39:46] Trustee Luckham (probable): all right uh not seeing any other hands up on the follow-up action list i'm watching you carefully

[0:39:56] Trustee Luckham (probable): there susan and so just you can raise electronically or raise your physical hand i'll try to or shout

[0:40:01] Trustee Luckham (probable): if i don't see you yeah i

[0:40:03] Trustee Luckham (probable): will okay so let us move on then to applications and referrals and

[0:40:08] Trustee Luckham (probable): that's on page 16 of our agenda the first item here today is a development variance permit

[0:40:15] Trustee Luckham (probable): permit application uh GBDBB 2016.3 Pacman and then hair Warden um and we have a staff report

[0:40:25] Trustee Luckham (probable): and I think uh we have uh Margot Tomage uh it's just come on screen so I'm assuming that you're

[0:40:32] Trustee Luckham (probable): going to take us through this one thanks

[0:40:34] Voice 7: yeah I'm Margo Thomaidis and uh yeah good morning

[0:40:38] Voice 7: trustee yates and trustee elliott um and i'm gonna try and share my screen because i think

[0:40:45] Voice 7: some visuals will help with this perfect

[0:40:47] Voice 13: just

[0:40:50] Voice 7: tell me if you can see that we

[0:40:53] Voice 13: can see that you can see

[0:40:54] Voice 7: the map

[0:40:54] Voice 7: yeah very

[0:40:55] Trustee Luckham (probable): good beautiful map is

[0:40:57] Voice 7: it in presentation mode or is it uh

[0:40:59] Trustee Luckham (probable): no it's in uh it's

[0:41:02] Trustee Luckham (probable): in x in uh whatever you call that now powerpoint mode how

[0:41:06] Voice 7: about now you

[0:41:07] Trustee Luckham (probable): want to go full screen

[0:41:08] Trustee Luckham (probable): screen somehow no it's still there but it's very

[0:41:10] Trustee Luckham (probable): it's very readable yeah okay

[0:41:13] Trustee Elliott (probable): now I've just if you

[0:41:14] Trustee Elliott (probable): go to slideshow in the tab yeah

[0:41:17] Voice 7: to the right it'll show up as presentation mode can you see my

[0:41:20] Voice 7: speaking notes now or is it no

[0:41:22] Voice 13: just the list

[0:41:23] Voice 7: okay um I'm just yeah double making sure all right

[0:41:31] Voice 7: so this report is to reintroduce a development variance permit for consideration by the LTC

[0:41:37] Voice 7: The application is for a variance to the requirement for any structure to be sited a minimum of 15 meters from and 1.5 meters above the natural boundary of any lake, stream, or wetland, and it concerns the property at 539 Wildwood Crescent.

[0:41:56] Voice 7: So the DVP seeks to address outstanding bylaw contraventions for existing concrete structures, which were built on the property in and around Goodhue Creek without permits in 2010.

[0:42:08] Voice 7: These structures include two bridges and approximately four concrete abutment structures, as well as some concrete channel hardening.

[0:42:17] Voice 7: And I have some visuals there as well. Can everyone see that?

[0:42:23] Voice 3: Yeah.

[0:42:25] Voice 7: Due to the proximity of the unlawful development to the creek, staff have been asking the owners since about 2020 to provide a qualified environmental professional report

[0:42:36] Voice 7: containing a post-development conditions and impacts assessment assessing the existing development and the surrounding riparian area.

[0:42:45] Voice 7: The owners were also asked to provide a proper site plan that includes the location of the concrete structures,

[0:42:51] Voice 7: as their latest survey that was prepared in 2019 does not include this information.

[0:42:55] Voice 7: The applicant was then asked by the LTC to provide a QEP report and updated site plan by resolution at the LTC meeting held September 29, 2022.

[0:43:08] Voice 7: And they were also given a deadline to provide that information by December 31st last year in 2022.

[0:43:15] Voice 7: So now an additional five months has passed since that deadline and the applicant has not provided the requested information or responded to staff's letters or communication.

[0:43:24] Voice 7: without the required information staff have been unable to properly assess the existing structures

[0:43:31] Voice 7: and determine whether it's best to leave them in the stream as is or require that the owners remove

[0:43:37] Voice 7: them to better support the health of the creek which is now considered a wrapper applicable

[0:43:43] Voice 7: water course repairing area protection regulations applicable so staff are recommending denying

[0:43:49] Voice 7: issuance of the variance and then forwarding the file to bylaw enforcement bylaw enforcement

[0:43:54] Voice 7: officer warren dingman is also um on this call uh present to answer questions as well and yeah

[0:44:01] Voice 7: let me know if you have any questions thank you

[0:44:05] Voice 4: okay um thank you um i'll

[0:44:09] Trustee Luckham (probable): go to trustees for

[0:44:11] Trustee Luckham (probable): questions i just want to ask something for clarity on that photograph is that first photograph there

[0:44:18] Trustee Luckham (probable): is that a culvert a big culvert and then a road elevated road above it

[0:44:23] Voice 7: yes yeah that's facing the

[0:44:26] Voice 7: road okay

[0:44:27] Trustee Luckham (probable): sorry administrative highways and infrastructure are they engaged in this at all

[0:44:35] Voice 7: they haven't been like they should yeah to be notified that the the structures were built that

[0:44:40] Voice 7: close um yeah i've noted in the staff report that there are structures located within the moti set

[0:44:48] Voice 7: back uh so the applicant would have to apply for permits for those structures as well

[0:44:56] Trustee Luckham (probable): Right. Okay. So, Trustees, I see the boardroom. Susan Yates, you've got your hand up.

[0:45:01] Voice 8: Yes, thank you, Chair Luckum. A couple of comments. First of all, thank you, Planner

[0:45:07] Voice 8: Saumetis, for this really comprehensive report. I appreciate it so much. And secondly, I was

[0:45:14] Voice 8: contacted two weeks ago by neighbors who were very, very concerned about some really unusual

[0:45:21] Voice 8: discoloration not natural not like tannins or anything like that um a very unusual discoloration

[0:45:29] Voice 8: uh in in goodhue creek so i so i suggested they contact someone from stream keepers on

[0:45:37] Voice 8: to go have a look which they did and i have not heard back from them yet but i do know that

[0:45:46] Voice 8: the neighbors are really concerned about what's happening in this portion of the creek so I'm

[0:45:53] Voice 8: really glad this is coming before us today

[0:45:55] Voice 4: okay thank you for that um trustee Elliot do you have

[0:46:03] Voice 4: any questions I

[0:46:04] Trustee Elliott (probable): have no questions or comments I'm definitely in favor of well the the recommended

[0:46:10] Trustee Elliott (probable): recommended action and yeah, really support protection of the riparian areas that we have.

[0:46:17] Trustee Elliott (probable): That's why our bylaws exist, to protect the areas.

[0:46:22] Voice 4: Right. So thank you

[0:46:27] Trustee Luckham (probable): then. So I

[0:46:28] Trustee Luckham (probable): do have a question and if indeed Warren Dingman is online, perhaps he might be able to answer that

[0:46:34] Trustee Luckham (probable): that, so somebody could provide an answer. If the LTC here

[0:46:39] Trustee Luckham (probable): follows through with the denial of the issuance of this permit,

[0:46:43] Trustee Luckham (probable): does that now exempt them from applying for another permit for

[0:46:47] Trustee Luckham (probable): a year? I know that that exists on rezonings and LUB amendments.

[0:46:53] Trustee Luckham (probable): And then, and so that leads to my question about through, if we

[0:46:58] Trustee Luckham (probable): hand this over to you as a bylaw enforcement issue, will you be

[0:47:03] Trustee Luckham (probable): be pursuing the requests that we've had in order to seek compliance. Or in the worst case scenario,

[0:47:11] Trustee Luckham (probable): if you're seeking removal of these materials, you obviously will need those QEP reports.

[0:47:17] Trustee Luckham (probable): And if that's not forthcoming, is it likely that the LTC could acquire those reports and pay for

[0:47:25] Trustee Luckham (probable): them and then do some kind of uh uh cost uh expense back with the uh property owner um of

[0:47:34] Trustee Luckham (probable): course in some situations we always do these shared cost things with applicants on things but

[0:47:40] Trustee Luckham (probable): if we're not so not communicating with us which is what i'm being told then um how do we achieve

[0:47:47] Trustee Luckham (probable): that so that's sort of a big uh question there so if uh warren or staff could assist with that

[0:47:53] Trustee Luckham (probable): answer i'd be grateful so

[0:47:56] Voice 2: chair i think at this stage i mean this file was originally opened in

[0:48:01] Voice 2: 2010. um we've tried to obtain uh compliance and cooperation for the property owners but

[0:48:09] Voice 2: it's been very limited as this report indicates we can't get to the final stage and what we need

[0:48:16] Voice 2: so from my position um it's proceed with if this if the dbp can't be uh approved today we're going

[0:48:26] Voice 2: to have to proceed with enforcement and i believe ultimately some type of legal action in order to

[0:48:33] Voice 2: gain compliance okay

[0:48:37] Trustee Luckham (probable): um in the boardroom now your hand's still up susan do you have something else

[0:48:42] Trustee Luckham (probable): to add uh

[0:48:43] Voice 8: well yes i and just to follow up to um what um um what warren dingman has just said it

[0:48:50] Voice 8: it appears to me that we will have two motions coming out of this um so i i was just gonna

[0:48:59] Voice 8: actually make i was gonna make the first motion okay thank you excellent so i move that the

[0:49:06] Voice 8: gabriel island local trust committee deny issuance of gb dvp 2016.3 due to insufficient information

[0:49:15] Voice 8: being provided by the applicant all

[0:49:18] Trustee Luckham (probable): right so moved and i see seconded by trustee elliott thank you

[0:49:21] Trustee Luckham (probable): any further discussion then all those in favor please raise your hands and that carries

[0:49:28] Trustee Luckham (probable): unanimously so there we go and so you have a second motion uh that you're considering there

[0:49:33] Voice 8: yes i do i'm i move that the gabriel island local trust committee forward this file to bylaw

[0:49:40] Voice 8: enforcement staff to continue by law enforcement action for this property very

[0:49:47] Trustee Luckham (probable): good thank you very

[0:49:48] Trustee Luckham (probable): much you have a seconder

[0:49:49] Voice 3: a second by trustee elliott any discussion all those in favor

[0:49:55] Trustee Luckham (probable): that carries unanimously and um and just turn to staff do you need anything further from the ltc

[0:50:02] Trustee Luckham (probable): today no and uh trustees you're uh satisfied with what we've accomplished with respect to this at

[0:50:08] Trustee Luckham (probable): this time excellent all right so let's move on to the next application that um at page 34 of our

[0:50:15] Trustee Luckham (probable): agenda and this is 8.2 it's a temporary use permit also reasonably complex um and so um who's going

[0:50:24] Trustee Luckham (probable): to take us on this it's marlis mccargar i'm assuming so over to you marlis hi good morning

[0:50:31] Planner McCargar (probable): everyone. So this report is recommending that the LTC approve issuance of TUP 2022.1. It's a renewal

[0:50:42] Planner McCargar (probable): of a previously issued TUP from 2019. Because the applicant submitted their TUP application back in

[0:50:51] Planner McCargar (probable): January of 2022 prior to the expiry of their previous TUP, this application is considered a

[0:50:59] Planner McCargar (probable): renewal, not a new application, even though it will have been

[0:51:03] Planner McCargar (probable): expired for 16 months at this time. That was due to the fact

[0:51:09] Planner McCargar (probable): that the applicant was unable to pass fire code compliance

[0:51:13] Planner McCargar (probable): inspection without addressing certain fire code compliance

[0:51:16] Planner McCargar (probable): issues and staff wasn't able to process the application renewal

[0:51:20] Planner McCargar (probable): until now. So the applicant did submit a letter from the fire

[0:51:25] Planner McCargar (probable): chief indicating that the residence does meet the

[0:51:28] Planner McCargar (probable): requirements of the bc fire code staff are recommending that because this is a renewal

[0:51:34] Planner McCargar (probable): of a previously issued tup that this renewal be issued with the expiry date january 30th 2025

[0:51:44] Planner McCargar (probable): which would be a three-year renewal extension from the previous tup expiry date instead of three years

[0:51:51] Planner McCargar (probable): from the new issuance date.

[0:51:55] Planner McCargar (probable): Staff are not aware of any complaints regarding the commercial vacation rental use on this property,

[0:52:01] Planner McCargar (probable): and it's understood that the conditions outlined in the original TUP have been adhered to

[0:52:05] Planner McCargar (probable): and are considered acceptable to the community.

[0:52:09] Planner McCargar (probable): Neighbors were notified of the TUP application.

[0:52:14] Planner McCargar (probable): Notice was sent out on May 24th to all property owners and occupants of properties

[0:52:20] Planner McCargar (probable): within 100 meters of the subject property and then a notice was also published in the

[0:52:25] Planner McCargar (probable): Gabriela Sounder newspaper. No correspondence has been received at this time. On the previous TUP,

[0:52:35] Planner McCargar (probable): the LTC specified that the applicants are required to obtain any necessary approvals

[0:52:41] Planner McCargar (probable): for groundwater use under the Water Sustainability Act. So at that time the permit was not withheld

[0:52:48] Planner McCargar (probable): until the applicant secured a required water license I think at that time it

[0:52:54] Planner McCargar (probable): was understood that the water license could take up to a year processing time

[0:53:02] Planner McCargar (probable): however at the time of writing this report the applicant still had not

[0:53:05] Planner McCargar (probable): applied for a groundwater license and staff will continue to recommend that as

[0:53:10] Planner McCargar (probable): a condition of this TUP so for next steps if the LTC concurs with the

[0:53:17] Planner McCargar (probable): the recommendations in the staff report,

[0:53:19] Planner McCargar (probable): then staff will issue the renewal

[0:53:21] Planner McCargar (probable): as drafted in attachment eight.

[0:53:23] Planner McCargar (probable): No further TUP renewals will be considered

[0:53:26] Planner McCargar (probable): for this temporary use.

[0:53:28] Planner McCargar (probable): Future rezoning would be required

[0:53:30] Planner McCargar (probable): to permit the use permanently on the property

[0:53:33] Planner McCargar (probable): or they would be required a new TUP application.

[0:53:38] Planner McCargar (probable): And that's it for me.

[0:53:39] Planner McCargar (probable): If you have any questions, let me know.

[0:53:42] Voice 4: Okay, well, it looks like we have a couple of questions.

[0:53:44] Voice 4: So let's go with Toby Elliott

[0:53:45] Voice 4: Elliott and then we'll go with Susan Hayes uh

[0:53:48] Trustee Elliott (probable): thank you chair and thank you Marlis um yeah my

[0:53:52] Trustee Elliott (probable): question two questions really around the last point about the groundwater license I'm actually

[0:53:59] Trustee Elliott (probable): not in favor of issuing this um renewal of the permit until the groundwater license has been

[0:54:06] Trustee Elliott (probable): been obtained um from what i can read the owners live in vancouver and don't live here and basically

[0:54:15] Trustee Elliott (probable): we're operating a vacation rental from the time they bought the house illegally until an enforcement

[0:54:21] Trustee Elliott (probable): file was open and then we 2018 the the tup was issued so if the intent was always to have a

[0:54:29] Trustee Elliott (probable): commercial vacation rental property um and staff had recommended that a groundwater for commercial

[0:54:37] Trustee Elliott (probable): i'm assuming for commercial use of groundwater should have been obtained and it hasn't been

[0:54:43] Trustee Elliott (probable): until now i would say rather than making it a commit a condition of this reissuance of the

[0:54:49] Trustee Elliott (probable): permit that they don't get a tup until or they have to apply for a new top after they get a

[0:54:57] Trustee Elliott (probable): groundwater license i so i do see that you know their cisterns um they're careful with the water

[0:55:03] Trustee Elliott (probable): collection and they do inform their guests about um being careful with water but even a 1600 gallon

[0:55:10] Trustee Elliott (probable): cistern is is not a lot for the increasingly dry summers that we have and if the so so a couple of

[0:55:18] Trustee Elliott (probable): questions how many guests do they have and is there do we know um sort of what the water use

[0:55:29] Trustee Elliott (probable): is the trends for that um and is there a property manager on site or are the owners

[0:55:36] Trustee Elliott (probable): um living there and able to monitor the water use in the property sure

[0:55:44] Planner McCargar (probable): so i was hoping that

[0:55:45] Planner McCargar (probable): the applicant would be on the call um i don't know if maybe will can see if they are on the call they

[0:55:54] Planner McCargar (probable): might be able to respond but um it's my understanding that they do live in vancouver

[0:55:59] Planner McCargar (probable): and operate the airbnb uh the vacation rental remotely there is a property manager they have

[0:56:07] Planner McCargar (probable): listed it in their guest guest book and so they live there are property managers that live on

[0:56:13] Planner McCargar (probable): gabriela not on site um it's my understanding that they can have a maximum of four guests at one time

[0:56:24] Planner McCargar (probable): and in terms of i i haven't done a calculation of what a typical water usage would be for four

[0:56:34] Planner McCargar (probable): guests in a vacation rental i just have that table in the report on page 37 which looks at

[0:56:42] Planner McCargar (probable): at the requirements and then whether they meet

[0:56:46] Planner McCargar (probable): that requirement or not.

[0:56:51] Voice 4: Okay, let me go to Trustee Yates

[0:56:53] Voice 4: and then I have a question related to that.

[0:56:55] Voice 4: Go ahead, Trustee Yates.

[0:56:57] Voice 8: Oh, thank you, Chair Latham.

[0:56:58] Voice 8: Basically, I just echo what Toby's concerns were,

[0:57:02] Voice 8: Trustee Elliott.

[0:57:04] Voice 8: I know that the staff says that a condition

[0:57:09] Voice 8: of reissuing this temporary use permit is,

[0:57:14] Voice 8: is that they have to have to have a groundwater license.

[0:57:17] Voice 8: So I'm assuming that subject to the conditions

[0:57:22] Voice 8: imposed by the permit means that they have to have

[0:57:25] Voice 8: that groundwater license before they get this renewed.

[0:57:29] Voice 8: But if they don't have to have it before it's renewed,

[0:57:34] Voice 8: then like Trustee Elliott, I would like to see that,

[0:57:38] Voice 8: that groundwater license before this is renewed.

[0:57:42] Voice 8: A 1,600-gallon cistern is not very much, and we also know that, as pointed out in this very good staff report, that commercial vacation rentals result in an increased use of water for laundry and cleaning between visits.

[0:58:05] Voice 4: Okay.

[0:58:08] Voice 4: RPM,

[0:58:09] Trustee Luckham (probable): Gemma, do you have something to add before I ask my question?

[0:58:15] Voice 9: I could wait until after, Chair Luckum.

[0:58:18] Voice 9: I just don't want to interrupt the discussion.

[0:58:20] Voice 9: It's a thought for Steve,

[0:58:23] Trustee Luckham (probable): Marlison, and Kyle.

[0:58:27] Trustee Luckham (probable): So sort of in the broader picture, this is a reasonably good example of certainly some good communications

[0:58:35] Trustee Luckham (probable): and practices associated with this kind of use, which indeed we struggle with,

[0:58:40] Trustee Luckham (probable): especially in the short in the housing rental market that exists for just residents

[0:58:46] Trustee Luckham (probable): and certainly we've had lots of conversations with respect to on-site management of these

[0:58:54] Trustee Luckham (probable): throughout the gulf islands as a good practice and certainly that's not necessarily possible

[0:59:01] Trustee Luckham (probable): in all situations as i am pleased to see that there is an on-island manager which presumably

[0:59:06] Trustee Luckham (probable): we can be contacted. It would be interesting to know what monitoring is conducted in that respect.

[0:59:13] Trustee Luckham (probable): With respect to the water, I'm presuming that they, in that most recent go-round of the Water

[0:59:21] Trustee Luckham (probable): Act amendments, where you had to register your water usage on your property as personal use

[0:59:28] Trustee Luckham (probable): of water and or commercial use of water, and this is obviously commercial use of water,

[0:59:33] Trustee Luckham (probable): and so have they completed that process and that property has registered uh their first right of

[0:59:42] Trustee Luckham (probable): access to the water for commercial use do we know that i

[0:59:47] Planner McCargar (probable): haven't had confirmation of that no okay

[0:59:50] Trustee Luckham (probable): so then i think the answer becomes clear in uh trustee yates's question there in well it's more

[0:59:59] Trustee Luckham (probable): more complex.

[1:00:00] Trustee Luckham (probable): than that. I guess, in the last 16 months, as this temporary use permit, or has this vacation

[1:00:07] Trustee Luckham (probable): rental business ceased operation until the new temporary use permit is put into place. And so

[1:00:15] Trustee Luckham (probable): then that's that part of it. And then the second part of that is presumably that the vacation

[1:00:21] Trustee Luckham (probable): Vacation rental would also not start up again

[1:00:24] Trustee Luckham (probable): if it hasn't been operating

[1:00:28] Trustee Luckham (probable): until the requirement for the water license is obtained.

[1:00:33] Trustee Luckham (probable): So can you, and I hope that's clear enough

[1:00:36] Trustee Luckham (probable): that you can interpret what I'm asking.

[1:00:38] Trustee Luckham (probable): And so do you have some remarks on that?

[1:00:42] Planner McCargar (probable): They have not ceased operation in the 16 months

[1:00:45] Planner McCargar (probable): since their permit expired.

[1:00:48] Planner McCargar (probable): Right.

[1:00:49] Planner McCargar (probable): And then, yeah, the second part was, I guess, would they?

[1:00:53] Planner McCargar (probable): And that would be if the permit is not issued today, then that would be up to staff and bylaw enforcement to ensure that they cease operation in the future if they don't have an active permit.

[1:01:06] Trustee Luckham (probable): Right. So let me just paint a little scenario, and I'm not trying to influence the trustees at all.

[1:01:13] Trustee Luckham (probable): If the LTC approved this TUP permit requiring that the water license be received, presumably that information would be conveyed to the applicant that indeed the operation of that business should not be being conducted until that water license is in hand.

[1:01:39] Trustee Luckham (probable): and that if I'm not mistaken that's what we're asking for is that water license and that the

[1:01:45] Trustee Luckham (probable): permit would not be issued until we have that license is

[1:01:48] Voice 13: that correct I'm hearing two things

[1:01:58] Trustee Elliott (probable): chair Luckham and I'm not sure so if we approve issuance of the permit on condition that a water

[1:02:07] Trustee Elliott (probable): license is obtained we're assuming that the applicant will comply if we deny

[1:02:16] Trustee Elliott (probable): issuance of

[1:02:17] Trustee Elliott (probable): the permit until the water licenses come is obtained they will have to apply for a new

[1:02:23] Trustee Elliott (probable): tup this is not going to be a renewal it's going to be a new application because it will have

[1:02:29] Trustee Elliott (probable): expired i think is that right

[1:02:31] Trustee Luckham (probable): yeah so i don't know that we would want to deny it if we were

[1:02:36] Trustee Luckham (probable): inclined to permit it if we had the um the water license so rather than deny it we might defer it

[1:02:45] Trustee Luckham (probable): until we've received a water license.

[1:02:47] Trustee Luckham (probable): But I would seek staff's advice

[1:02:50] Trustee Luckham (probable): on the right way to proceed with that.

[1:02:53] Voice 13: Right.

[1:02:56] Voice 3: So staff?

[1:02:59] Planner McCargar (probable): Renee, do you have any,

[1:03:01] Planner McCargar (probable): this is kind of an unusual situation

[1:03:02] Planner McCargar (probable): just in terms of that it's already expired for six months.

[1:03:06] Planner McCargar (probable): We wouldn't typically see this in a renewal.

[1:03:09] Planner McCargar (probable): And so I'm wondering, Renee,

[1:03:11] Planner McCargar (probable): if you have any guidance here.

[1:03:13] Planner McCargar (probable): um

[1:03:14] Voice 9: if it's through the chair if it's the trustees wish to um i guess there's a couple things to

[1:03:24] Voice 9: consider um if the renewal is allowed to continue lapsing um there's a question about enforcement

[1:03:37] Voice 9: because the understanding is when your temporary use permit lapses you cease the use

[1:03:44] Voice 12: So

[1:03:45] Voice 9: then what happens? And some direction from the LTC in that scenario, if it follows the recommendation of approving the permit subject to the conditions, that's one scenario where the permit doesn't lapse with the understanding of the approval will be granted subject to that water license coming in.

[1:04:12] Voice 9: and they can continue, that's allowing a continue of the use in that sort of scenario.

[1:04:19] Voice 9: So I think those are the two main ones I'm flagging, or if the LTC decides to not approve

[1:04:30] Voice 9: the permit today, what happens in between? So this would be a new permit they would have to

[1:04:38] Voice 9: apply for and enforcement might come in does the ltc want to provide some guidance for staff to say

[1:04:46] Voice 9: we won't actively enforce until that new permit comes in give them a certain time the applicant

[1:04:51] Voice 9: a certain time to do that to get that water license to come in and then apply for a new permit

[1:05:00] Voice 9: it's how to deal with the in-between phase so and isn't is enforcement um part of that

[1:05:09] Voice 3: okay uh trustee elliott my

[1:05:14] Trustee Elliott (probable): thoughts on that are um i look at the trend of how the applicant has

[1:05:20] Trustee Elliott (probable): um behaved in in the past and so if there's been no indication that you know they've had a year

[1:05:29] Trustee Elliott (probable): to so so i'm just looking at this paragraph the previous tup 2018 the applicants are required to

[1:05:37] Trustee Elliott (probable): obtain any necessary approvals for groundwater use under the WSA or any subsequent legislation

[1:05:43] Trustee Elliott (probable): the permit was not withheld until the applicant secured any required water license

[1:05:48] Trustee Elliott (probable): and they haven't like applied for it in a year or since 2018 and they're still continuing the use

[1:05:58] Trustee Elliott (probable): they're not here today to speak to this and to me that indicates that they're just going to

[1:06:04] Trustee Elliott (probable): to continue you know status quo um with operating the their commercial Airbnb and and I don't think

[1:06:17] Trustee Elliott (probable): that's very responsible honestly and I would so my personal inclination is to deny issuance of this

[1:06:25] Trustee Elliott (probable): um indicate to the applicant that they should follow what's been laid out and apply for a

[1:06:32] Trustee Elliott (probable): groundwater license and reapply for a new tup because this one has expired if we don't approve

[1:06:40] Trustee Elliott (probable): it today this pup will expire through

[1:06:47] Voice 9: the chair i see julia susan garner as an attendee with her

[1:06:51] Voice 9: hand raised so i believe um steph mccarger if that's the applicant the chair um just to bring

[1:06:59] Voice 9: that awareness to the chair yeah

[1:07:01] Trustee Luckham (probable): i was just sliding that myself and just checking that the

[1:07:04] Trustee Luckham (probable): name corresponded with the name on the application so indeed um that we do need to provide an

[1:07:10] Trustee Luckham (probable): opportunity for the applicant to address some of these concerns i believe so if that's okay

[1:07:15] Trustee Luckham (probable): with the trustees we'll uh promote her to a speaker uh a panelist and provide the opportunity

[1:07:21] Trustee Luckham (probable): and hopefully you've heard the conversation julia and that um you can answer some of these questions

[1:07:26] Trustee Luckham (probable): things for us so

[1:07:28] Voice 4: julia over to you if you get

[1:07:30] Voice 13: promoted there i think they'll look after that

[1:07:40] Trustee Luckham (probable): okay we can see a picture of you on the screen and we can hear you faintly oh

[1:07:46] Voice 6: there there there

[1:07:46] Voice 6: there it goes okay sorry i'm technology challenged with this particular zoom i didn't realize that i

[1:07:53] Voice 6: was uh my zoom's out of date it's been a while since i've used it and i was going to try to log

[1:07:58] Voice 6: again for the last 15 minutes honestly well

[1:08:01] Trustee Luckham (probable): i've been caught i've been caught in that same scenario

[1:08:03] Trustee Luckham (probable): so um yeah

[1:08:04] Voice 6: hearing you guys talk like oh i want to talk to you guys yeah okay sorry about that

[1:08:10] Voice 6: um yes so um i i i guess maybe it's my lack of understanding of the import of the application

[1:08:17] Voice 6: for the water license um i didn't realize that it's like that particular because we had the we

[1:08:26] Voice 6: We had we received the license without the original permit, without getting the water license.

[1:08:31] Voice 6: And I thought I didn't realize it was a must have. I thought it was a, you know, we recommend that you get this, which is why I mean, I know you guys think I haven't been responsive, but it was maybe just a lack of understanding of the import of it.

[1:08:46] Voice 6: Because when you look at it, it looks like, oh, this is agricultural stuff. This is if it's a hotel.

[1:08:51] Voice 6: tell and I'm like well we're not we're actually you know we're we're seasonal residents and and

[1:08:59] Voice 6: it's basically the same use as a residential household so I didn't realize the the you know

[1:09:06] Voice 6: like this is a must have and forgive me if I have been you know you know I'm not a very legal type

[1:09:15] Voice 6: of person so you know like these things that you know people that or you know lawyers or whatever

[1:09:19] Voice 6: it has to you know you have to cross the t's dot the i's everything has to be perfect you know i

[1:09:24] Voice 6: was struggling just with getting the the place up to snuff uh you know to meet the standards i had

[1:09:30] Voice 6: to meet you know we had to get you know the the cost of it's very hard to get labor coming into

[1:09:36] Voice 6: gabe to do anything you know to get the the fireplace replaced to get the propane done

[1:09:40] Voice 6: just struggling the last year just to get anyone to come to do anything when it's small jobs like

[1:09:44] Voice 6: that uh from nanaimo wherever you know so we were we were working i was working on that more than

[1:09:50] Voice 6: anything else was the actual safety and meeting the the fire regulation standards that was my

[1:09:55] Voice 6: highest priority uh and then and then um you know the previous before marlis um uh looked at the

[1:10:05] Voice 6: application the previous person didn't even mention it didn't even

[1:10:10] Voice 6: mention it as a requirement

[1:10:11] Voice 6: So, so then, then she reviews my application and says, oh, you didn't do this.

[1:10:17] Voice 6: And I was like, oh, okay. And then, and then, and then, you know, I didn't realize that it's, it's a must have, honestly.

[1:10:26] Trustee Luckham (probable): Well, so thank you for the summary. So I think you've heard the conversation from the LTC.

[1:10:32] Trustee Luckham (probable): So have you applied for the permit? And if not, are you going to apply for the permit?

[1:10:38] Trustee Luckham (probable): And I

[1:10:39] Voice 6: think now that I know it's a must have, I will apply, you know, you know, I'm not very good at this admin stuff and filling out forms and everything, honestly, you know, and trying to understand what's needed for that work.

[1:10:52] Voice 6: I'll work my head around it and apply and, you know, pay the fees and things that I'm supposed to pay.

[1:10:57] Voice 6: But I just didn't realize it was a must have because I haven't had it for the last four years.

[1:11:02] Voice 6: The previous previous fellow that was looking at this didn't even mention it.

[1:11:08] Voice 4: yeah like like

[1:11:10] Voice 6: you know so i i mean i didn't know that it's a must-have

[1:11:14] Voice 6: now i'm hearing that because i'm not being conscientious uh uh you know there you know

[1:11:20] Voice 6: how there's tons of airbnb folks on the island that haven't even applied for a permit and they

[1:11:24] Voice 6: just keep on operating without regard to and respect for the island's trust you know as far

[1:11:31] Voice 6: as i'm concerned you know i respect the need to have some jurisdiction over this type of thing

[1:11:36] Voice 6: but you know like people aren't perfect you know i've just been trying to get things our place up

[1:11:41] Voice 6: to snuff which was hard enough if you knew how hard it was to get somebody to fix the propane

[1:11:46] Voice 6: how many people i called people that said would show up didn't come up you know people that say

[1:11:52] Voice 6: they're going to come and do things and then we we can make a special trip from vancouver

[1:11:55] Voice 6: you don't even bother coming up showing up you know

[1:11:59] Trustee Luckham (probable): i i can't apologize for for that but i

[1:12:03] Trustee Luckham (probable): understand your anxiety around that and certainly that you are running a business there and there

[1:12:08] Trustee Luckham (probable): are complications associated with running your business remotely and so that's fine so I think

[1:12:14] Trustee Luckham (probable): what the LTC is very much interested in is having this permit in order to ensure that the water

[1:12:22] Trustee Luckham (probable): needs of a B&B are addressed and indeed as was mentioned by one of the trustees there's certainly

[1:12:28] Trustee Luckham (probable): sufficient data on vacation rentals that indeed the laundry expenses are greater than what it

[1:12:35] Trustee Luckham (probable): would be with the residents and showering and those sorts of things. So I think it is important.

[1:12:44] Trustee Luckham (probable): And so we need you to do that. So we need that commitment from you to get that permit.

[1:12:48] Trustee Luckham (probable): And I think actually at this juncture, it would be appropriate for that business to cease until

[1:12:53] Trustee Luckham (probable): you have that permit. Because if you don't get the permit, then that adds a whole different

[1:12:58] Trustee Luckham (probable): uh dilemma in this situation and i think i said earlier i hope you heard it is that indeed what

[1:13:04] Trustee Luckham (probable): you're doing there seems like a very good model for a vacation rental tup situation and in and

[1:13:11] Trustee Luckham (probable): sure there may be others that have not applied but that's a different uh sort story and every single

[1:13:17] Trustee Luckham (probable): one of these is based upon complaints and applications and so we're glad to have your

[1:13:22] Trustee Luckham (probable): application but we want to see that it's fulfilled in the right way so um uh i think that maybe if

[1:13:31] Trustee Luckham (probable): there are any other questions from the trustees specifically for the applicant we might uh

[1:13:37] Trustee Luckham (probable): give you the opportunity to ask those now um but uh i do want to hear that you're going to apply

[1:13:42] Trustee Luckham (probable): for the permit and cease operation in the short term i think is an appropriate thing to do so

[1:13:47] Trustee Luckham (probable): trustees do you have any further questions no

[1:13:51] Trustee Elliott (probable): thank you chair i concur with that um

[1:13:54] Trustee Elliott (probable): groundwater is incredibly important the groundwater or the water sustainability act

[1:13:59] Trustee Elliott (probable): is very clear it applies to commercial use not livestock and agriculture and this has been in

[1:14:06] Trustee Elliott (probable): place for some time so i do think it's the duty of the applicant if they're running a business

[1:14:10] Trustee Elliott (probable): to find out what's entailed and there is nothing more important in the age of climate change and

[1:14:17] Trustee Elliott (probable): on dry gulf islands than to consider your water use so um i concur with everything you said chair

[1:14:23] Trustee Elliott (probable): i i

[1:14:25] Voice 8: do as well chair lucum thank you okay

[1:14:29] Voice 6: so basically i apply for the water license

[1:14:32] Voice 6: but i don't have to apply for a brand new permit correct like i don't have to go through this whole

[1:14:37] Voice 6: whole apply for a permit again uh well that's a

[1:14:42] Trustee Luckham (probable): great question and thank you for asking that

[1:14:44] Trustee Luckham (probable): i think what the if i'm not mistaken my sense here is and of course i can't speak necessarily

[1:14:49] Trustee Luckham (probable): for decision of the ltc that haven't made i think they uh are prepared to entertain advancing this

[1:14:55] Trustee Luckham (probable): as a renewal but certainly if we don't see some uh uh uh effort to meet the requirements then

[1:15:05] Trustee Luckham (probable): indeed we could easily deny it and then you would have to start again from zero but we're

[1:15:12] Trustee Luckham (probable): I think there is some flexibility here, and I'll look to the trustees to get a nod that maybe some advice from staff as to whether or not deferring this for a period of time to give the applicant the opportunity to get that water permit is possible or not.

[1:15:30] Trustee Luckham (probable): not so let me just go to regional planning manager jamarat um in that scenario uh because the applicant

[1:15:37] Trustee Luckham (probable): appears to is recognizing the mistake I will say um and um a misunderstanding and has indicated that

[1:15:45] Trustee Luckham (probable): um they'll attempt to get the permit so uh RPM Gemara thank

[1:15:51] Voice 9: you through the chair I'd also like

[1:15:53] Voice 9: I would like to defer to Staff Morales-McCarger for a recommended motion.

[1:16:01] Voice 9: A couple of things.

[1:16:03] Voice 9: I think the recommendation may also need to contemplate a commitment from the applicant,

[1:16:10] Voice 9: maybe through a letter to state that the use will cease until the water license comes in.

[1:16:16] Voice 9: I think something to that effect that's acceptable, and that's where I would defer to

[1:16:21] Voice 9: staff mcarger to say what could work for in that instance based on the trustees conversation here

[1:16:31] Voice 9: so i'm suggesting maybe an addition to the motion or an amendment to that

[1:16:36] Voice 9: recommendation happen to get the applicant's commitment through some sort of written

[1:16:43] Voice 9: written letter and a time frame for that so it may look different also

[1:16:52] Voice 9: The intent of a temporary use permit is to allow a use that could be compatible where it's not currently allowed.

[1:17:04] Voice 9: So just to clarify that understanding and that conversation, that this commercial vacation rental is not currently allowed, permitted outright in this zone.

[1:17:18] Voice 9: You have to ask permission for a temporary use from the LTC in order to pursue that.

[1:17:25] Voice 9: So that's where this temporary use permit purpose sits and the renewal for that sits.

[1:17:31] Voice 9: Thank you.

[1:17:32] Voice 9: So I defer to Staff McArger with any suggestions to amend the recommendation.

[1:17:38] Trustee Luckham (probable): Right.

[1:17:38] Trustee Luckham (probable): And so maybe I'll just jump in here for clarity before Marlis McArger gives us her advice.

[1:17:45] Trustee Luckham (probable): is the subject to a clause associated with approving this permit at this time subject to

[1:17:52] Trustee Luckham (probable): getting that and how could

[1:17:55] Voice 13: that be achieved i

[1:18:02] Planner McCargar (probable): do wonder if just deferring this until the next ltc

[1:18:06] Planner McCargar (probable): meeting would be an option and then reconsidering there i've had a number of back and forth with

[1:18:13] Planner McCargar (probable): Julia over the last couple of months where I have numerous times suggested that they apply

[1:18:20] Planner McCargar (probable): for the permit and just to show the LTC that they are making steps towards getting this water

[1:18:27] Planner McCargar (probable): license. It's my understanding that to have the water license in place, the process can be lengthy.

[1:18:34] Planner McCargar (probable): So I don't know if an option would be defer consideration until the next meeting. And at

[1:18:40] Planner McCargar (probable): that meeting you would like to see that the applicant has at least applied for the water

[1:18:45] Planner McCargar (probable): license well

[1:18:47] Trustee Luckham (probable): that's a good uh suggestion and i think that would move us along is uh deferring

[1:18:52] Trustee Luckham (probable): this until our next meeting and then we can see what happens so uh julia i can only uh say that

[1:18:59] Trustee Luckham (probable): it's in your best interest to make that application and work with staff um uh to uh facilitate that

[1:19:05] Trustee Luckham (probable): Yeah.

[1:19:06] Voice 6: So if I have any questions on on on look, I'm going to start applying.

[1:19:11] Voice 6: I'll start today now that I know

[1:19:13] Voice 6: the report and, you know, they have certain, you know, I'll do my best to fill out the various details that they want.

[1:19:21] Voice 6: If I have any questions and I can I call you more list like on what I need to do to expedite or because, you know, you put in your application and like you said, it might be six months to a year.

[1:19:34] Voice 6: i don't know how long it takes to get these things uh and and uh you know it's uh yeah because of the

[1:19:41] Voice 6: way and then of course because probably staff shortages who knows like i don't know what

[1:19:44] Voice 6: what goes on in that whole world in in that department so you know i'll apply but uh

[1:19:51] Voice 6: uh you know i don't know what

[1:19:53] Trustee Luckham (probable): happened let's you apply and see what happens you know we have lost

[1:19:58] Trustee Luckham (probable): 18 months here since the lapse of the permit and so we just need to get on it and I think that the

[1:20:07] Trustee Luckham (probable): staff would be available by email is probably more preferable than phoning but and I think

[1:20:12] Trustee Luckham (probable): you must have that information yeah

[1:20:14] Voice 6: no I do no I do she sent me the

[1:20:16] Voice 6: information the the site and

[1:20:17] Voice 6: everything and I'll move ahead now that I understand the importance of of having that

[1:20:23] Voice 6: license okay

[1:20:24] Trustee Luckham (probable): thank you uh julia for understanding and working forward and thank you trustees for

[1:20:29] Trustee Luckham (probable): um that but of course now i need to see a motion to take some direction and of course the choice

[1:20:34] Trustee Luckham (probable): is yours about what that motion looks like uh trustee yates i see your hand up i move that

[1:20:40] Voice 8: the gabriel island local trust committee defer the issuance of temporary use permit gbtup 2022.1

[1:20:48] Voice 8: a renewal of previously issued temporary use permit GBTUP 2018.1 subject to the applicant

[1:20:57] Voice 8: applying for the recommended groundwater license okay

[1:21:03] Voice 3: um does that seem okay on the fly there

[1:21:06] Voice 3: staff with

[1:21:08] Trustee Luckham (probable): respect to the motion yeah okay so then I'll look for a seconder

[1:21:13] Voice 13: a second second

[1:21:15] Trustee Luckham (probable): by Toby Elliott thank you Toby any further discussion uh trustee Yates do you wish to

[1:21:20] Trustee Luckham (probable): speak to your motion uh

[1:21:22] Voice 8: no thank you very much uh uh renee for your uh clarification of what a

[1:21:27] Voice 8: temporary use permit means and thank you so much uh planner mccarvis for the excellent uh staff

[1:21:33] Voice 8: report okay

[1:21:36] Trustee Luckham (probable): very good then so i'll call the vote all those in favor so that carries unanimously

[1:21:41] Trustee Luckham (probable): so uh julia we've given you a stick i guess we call it and um uh please uh expedite this uh work

[1:21:48] Trustee Luckham (probable): to work with staff and we'll look forward to seeing you at our next ltc meeting okay thanks

[1:21:54] Voice 6: for your understanding yep

[1:21:55] Trustee Luckham (probable): thank you so i'm going to move on if that's all right it's uh it's 10 22

[1:22:00] Trustee Luckham (probable): does anybody need a break we're almost an hour and a half into this you want to fill up your

[1:22:05] Trustee Luckham (probable): teacups or should we just continue trustee elliott you want five minutes ten minute break i'm

[1:22:12] Trustee Elliott (probable): suggesting a five or ten minute break would be great so

[1:22:15] Trustee Luckham (probable): let me go to staff and hey do you need

[1:22:17] Trustee Luckham (probable): 10 minutes you want to get the kettle on or whatever five

[1:22:20] Voice 9: minutes is is fine chair okay

[1:22:22] Trustee Luckham (probable): so let's recess for five minutes and if you don't mind um lisa getting us a screen up that says

[1:22:32] Trustee Luckham (probable): reconvening i'll

[1:22:34] Voice 9: do that chair at

[1:22:35] Trustee Luckham (probable): 10 28 i'll

[1:22:39] Voice 9: do that chair right now thank you i

[1:22:51] Voice 11: don't know why

[1:22:52] Voice 11: but the gabriola boardroom has shifted to be an attendee instead of a panelist and it and it won't

[1:23:02] Voice 11: yeah but it just happened and it won't move back um

[1:23:11] Voice 13: i can hear you will i'm just going to go on

[1:23:13] Voice 13: mute and take a bio break okay team see susan there i'm coming i'm coming just getting my tea

[1:28:43] Voice 13: Okay,

[1:28:43] Trustee Luckham (probable): that's good. Thank you. So

[1:28:47] Trustee Luckham (probable): I think that concludes the applications and referrals section, and we'll move through to correspondence. We have a letter here from Ken Gerb regarding Elder Cedar trees cut.

[1:29:03] Trustee Luckham (probable): cut. I think we've got some reporting out here a little later on our agenda with respect to that

[1:29:11] Trustee Luckham (probable): Trustee Elliott and Trustee Yates actually are both on the Conservancy. So we can receive this

[1:29:18] Trustee Luckham (probable): information at this time. Thank you Mr. Gur for his correspondence. Otherwise is there anything

[1:29:24] Trustee Luckham (probable): else we need to do with this piece of correspondence? Nope. Okay so we'll receive it for

[1:29:31] Trustee Luckham (probable): information thank you again to the writer um our first new business item here is the freedom of

[1:29:37] Trustee Luckham (probable): information protection of privacy bylaw for adoption um this is the first one i've seen

[1:29:41] Trustee Luckham (probable): come back for adoption so this is good news and um it's pretty straightforward so unless their staff

[1:29:48] Trustee Luckham (probable): have anything to offer i'll just seek a motion from one of the trustees i

[1:29:52] Voice 8: moved at the gabriel

[1:29:53] Voice 8: island local trust committee bylaw number 315 cited as gabriel island local trust committee

[1:30:00] Voice 8: of information and protection of privacy bylaw number 315 2023 be adopted okay

[1:30:08] Voice 3: moved and seconded

[1:30:09] Voice 3: by trustee elliott thank you and any further discussion

[1:30:12] Trustee Luckham (probable): all those in favor aye

[1:30:15] Trustee Elliott (probable): that carries

[1:30:16] Trustee Luckham (probable): unanimously aye done

[1:30:18] Trustee Elliott (probable): finally well

[1:30:20] Trustee Luckham (probable): that's good that's the administrative it's necessary and

[1:30:24] Trustee Luckham (probable): i'm glad that we've managed to achieve that here um okay where am i now shoreline structure

[1:30:31] Trustee Luckham (probable): and setbacks for a discussion um so who brought this

[1:30:37] Voice 3: to us and what do you want to think trustee

[1:30:41] Voice 3: elliott uh

[1:30:43] Trustee Elliott (probable): thank you chair luckum um it so this was spurred by um one of the bylaw enforcement

[1:30:55] Trustee Elliott (probable): enforcement files that we have that we've discussed in camera. And as I was sitting on a beach and

[1:31:02] Trustee Elliott (probable): looking out at some structures that had been built to protect a landowner's property,

[1:31:12] Trustee Elliott (probable): it occurs to me that this might be a trend that we're going to be seeing more of in the future.

[1:31:18] Trustee Elliott (probable): And so, I really want to understand what is our responsibility as the Local Trust Committee with regard to enforcement on water zones?

[1:31:37] Trustee Elliott (probable): How do we work with DFO and other agencies in protecting the shorelines?

[1:31:46] Trustee Elliott (probable): And how might we better work on education and stewardship and proactively working with landowners who want to protect their properties from the effects of climate change, storm surges, and the kinds of weather changes that we've been seeing?

[1:32:10] Trustee Elliott (probable): I don't think this problem is going away, and I'd like to see how we can proactively address it rather than dealing with enforcement or dealing with non-compliance as they come up and as people just act in their own best interests,

[1:32:30] Trustee Elliott (probable): sort of without regard for the environmental protection that we we we are charged with

[1:32:39] Trustee Elliott (probable): making sure that that's looked after I don't know how else to say it but this is a big project and

[1:32:46] Trustee Elliott (probable): I'd like to know more and so requesting that we have some sort of reporting out staff have helped

[1:32:53] Trustee Elliott (probable): with a resolution to that effect so I'm not looking for anything today it's just maybe

[1:32:59] Trustee Elliott (probable): maybe starting a conversation about where we can go

[1:33:03] Trustee Elliott (probable): and what are the limits of our jurisdiction.

[1:33:09] Voice 3: Okay. And I see Trustee

[1:33:11] Trustee Luckham (probable): Yates, you've got your hand up as well.

[1:33:13] Trustee Luckham (probable): So do you want to add to this?

[1:33:14] Voice 8: I do. Thank you, Chair Lacombe.

[1:33:18] Voice 8: I'm extremely concerned about the trend to do hard shorelining

[1:33:25] Voice 8: because people think that they can protect their property from erosion.

[1:33:31] Voice 8: And the Islands Trust has worked with agencies like, for example, the Habitat Acquisition Trust, who give us really good information on being soft on shores and using natural processes and telling us why hard seawalls are not a good thing to install,

[1:33:56] Voice 8: especially if you're installing them in an illegal zone in the first place.

[1:34:02] Voice 8: The information that we get from HAT and from other environmental organizations

[1:34:08] Voice 8: clearly explains why soft shoring is so much better for protecting the environment

[1:34:15] Voice 8: and even for protecting your own private property.

[1:34:18] Voice 8: And I'm concerned because there are two other items on file in our development variance permit file that I'm particularly concerned about.

[1:34:34] Voice 8: So, yeah, I'll just leave it at that for now.

[1:34:41] Voice 3: Yeah, you know, this is particularly

[1:34:46] Trustee Luckham (probable): difficult for me because, as you know, I've been a trustee for a long time.

[1:34:52] Voice 13: And

[1:34:52] Trustee Luckham (probable): this issue, quite frankly, is not an emerging or new issue.

[1:34:58] Trustee Luckham (probable): It's been going on since before the Islands Trust.

[1:35:02] Trustee Luckham (probable): And in fact, across the Islands Trust area, there are some very complex situations where

[1:35:09] Trustee Luckham (probable): property owners are exercising what they believe to be their right to protect their property.

[1:35:14] Trustee Luckham (probable): And that right, as far as I know, Warren, doesn't actually exist.

[1:35:19] Trustee Luckham (probable): If the shoreline erodes, the shoreline erodes. There's some ability to protect a home or a house that was built in a poor location.

[1:35:30] Trustee Luckham (probable): But in terms of stopping the shoreline erosion, that's a different story.

[1:35:37] Trustee Luckham (probable): Years ago, and it's maybe as much as 10 years ago, I'm just going to say it might be that long,

[1:35:44] Trustee Luckham (probable): You know, there was the Green Shores Initiative, which I'll say, if there is a trend in the southern Gulf Islands, including San Juan Islands, it's to remove hard armoring.

[1:35:58] Trustee Luckham (probable): They call it armoring down there. And

[1:36:01] Trustee Luckham (probable): in Washington state, they are removing it.

[1:36:05] Trustee Luckham (probable): Admittedly, they have different incentive programs and different regulatory tools available to them.

[1:36:10] Trustee Luckham (probable): And we don't. But we did enter into the Green Shores program. Thetis Island, in fact, was a test pilot project.

[1:36:16] Trustee Luckham (probable): And at the time when that and in fact, there was also an interest in pursuing shoreline protection years ago.

[1:36:23] Trustee Luckham (probable): And very few LTCs actually stepped up. Thetis did. And we had a

[1:36:28] Trustee Luckham (probable): pilot project here and we did an example thing.

[1:36:30] Trustee Luckham (probable): And that said, that was good. It was successful. Have we continued that? No.

[1:36:33] Trustee Luckham (probable): No, because it's something that folks are probably less interested in actually engaging in because they don't understand it.

[1:36:42] Trustee Luckham (probable): They think it's regulatory. They think it's expensive.

[1:36:44] Trustee Luckham (probable): But the facts are that doing it properly saves you money in the long run and protects the marine environment.

[1:36:52] Trustee Luckham (probable): I think that there's certainly a need for shoreline structures and setbacks discussion to determine how to do it.

[1:37:00] Trustee Luckham (probable): but I don't think we can continue to do this on a one-off basis when somebody comes to us

[1:37:05] Trustee Luckham (probable): asking for a development permit like you know and I think of a location on Gabriola where there's

[1:37:12] Trustee Luckham (probable): not just one property but many that for years have had this issue going on and we need to find a way

[1:37:19] Trustee Luckham (probable): to address that more broadly so and we need to get firm about enforcement because otherwise

[1:37:30] Trustee Luckham (probable): Otherwise, people will continue to do this.

[1:37:31] Trustee Luckham (probable): They don't see anything else other than ask for forgiveness later.

[1:37:35] Trustee Luckham (probable): People will continue to do that.

[1:37:38] Trustee Luckham (probable): So, but that said, you know, in the 20, 30, 40, 50 years that some of these egregious things have happened, I'll say, there's multiple generations of owners.

[1:37:50] Trustee Luckham (probable): And so people that own the properties now are not necessarily the ones that instigated the original infractions.

[1:37:57] Trustee Luckham (probable): But nonetheless, we need to find ways to resolve that.

[1:37:59] Trustee Luckham (probable): that. So I think, unfortunately, and I'll turn to staff here now, potentially, but I'll go to

[1:38:05] Trustee Luckham (probable): Trustee Elliott as well, your hands up. This needs to become a project and needs to go on a list.

[1:38:10] Trustee Luckham (probable): And we need to determine how we're going to address it in conjunction with those the other

[1:38:14] Trustee Luckham (probable): important work that's here. And indeed, that's how it has not been acted. That's why it has not

[1:38:20] Trustee Luckham (probable): been an active part across the LTCs broadly, because all the LTCs have other important

[1:38:28] Trustee Luckham (probable): important priorities to address in the meantime so that's my two cents and I see I've stimulated

[1:38:33] Trustee Luckham (probable): lots of conversation here so trustee Elliott and trustee Yates and um add it

[1:38:40] Trustee Luckham (probable): to the project list

[1:38:41] Trustee Luckham (probable): well

[1:38:42] Trustee Elliott (probable): I I see more this is not as you said a local trust committee um I don't think it's on us as to

[1:38:51] Trustee Elliott (probable): do as a project I think this is part of perhaps it can be brought back into the Vick Cliff the

[1:38:58] Trustee Elliott (probable): the Vancouver Island Climate Change Steering Committee,

[1:39:03] Trustee Elliott (probable): where they're working with other stakeholders

[1:39:07] Trustee Elliott (probable): and they're leveraging local governments

[1:39:10] Trustee Elliott (probable): in all the coastal communities and the Gulf Islands

[1:39:15] Trustee Elliott (probable): to address and mitigate the effects of climate change.

[1:39:20] Trustee Elliott (probable): And I think this is a program that we should look at broadly

[1:39:24] Trustee Elliott (probable): in the islands trust um and use um so stewardship center bc seems to be the agency that supports

[1:39:35] Trustee Elliott (probable): green shores for local government and they've got technical help technical support capacity

[1:39:42] Trustee Elliott (probable): building they do research community education local action planning and evaluation and so

[1:39:49] Trustee Elliott (probable): So they work with partners to, I think, develop these plans.

[1:39:54] Trustee Elliott (probable): This is bigger than us.

[1:39:55] Trustee Elliott (probable): This is definitely, I think, where we need to network with a lot of coastal communities

[1:40:00] Trustee Elliott (probable): and see what they're doing and leverage many stakeholders to develop local tools and resources.

[1:40:08] Trustee Elliott (probable): I just wanted to flag this, that there's stuff that's already happening that we're having

[1:40:14] Trustee Elliott (probable): to deal with on an enforcement issue.

[1:40:16] Trustee Elliott (probable): you but the biggest piece that the islands trust i think needs to do is education and engaging with

[1:40:22] Trustee Elliott (probable): landowners on what are the options that green shores is not just a nice um potential but it is

[1:40:31] Trustee Elliott (probable): the only it should be the only option for protecting your property and you're right the

[1:40:37] Trustee Elliott (probable): there's there's documentation about how cost effective it is versus hard armoring which

[1:40:44] Trustee Elliott (probable): which, okay, so people who can afford, let's say waterfront property at this time and age

[1:40:49] Trustee Elliott (probable): can just afford to dump a bunch of rocks and, and armor their property. And it's not acceptable. So

[1:40:57] Trustee Elliott (probable): when that happens, I'd like to see greater enforcement. Um, but what can we do on an

[1:41:02] Trustee Elliott (probable): education and stewardship level? How can we network? I'm on the steering committee for

[1:41:06] Trustee Elliott (probable): so I'll be looking for opportunities to, uh, work with them on that. And how can we promote

[1:41:12] Trustee Elliott (probable): and work with the state stewardship center and the green shores local government group

[1:41:18] Trustee Elliott (probable): to do a lot of education advocacy here so there's lots of opportunities this is not just our issue

[1:41:26] Trustee Elliott (probable): is is i think what i'm trying to point out you're

[1:41:31] Trustee Luckham (probable): absolutely right uh susan yates

[1:41:33] Trustee Luckham (probable): thank

[1:41:35] Voice 8: you chair luck um um so i hope that you um i hope you both remember that at our previous

[1:41:41] Voice 8: local trust committee meeting i asked to have a motion to the regional planning committee of

[1:41:49] Voice 8: islands trust council on exactly this topic on shoreline zoning because i agree it is not just

[1:41:57] Voice 8: a local gabriel issue it's a really important issue across the trust area and i'm not sure

[1:42:03] Voice 8: if you remember i had also talked about having a discussion with um planner sonja zupanet to

[1:42:11] Voice 8: a few years ago, even before I was a trustee on the importance of having shoreline zoning

[1:42:18] Voice 8: as a regional initiative. So I really hope that that motion that we made to send it to council

[1:42:25] Voice 8: to have the regional planning committee prioritize it. I hope that goes somewhere

[1:42:31] Voice 8: because, you know, as you, as you both said, it's, it's larger than just Gabriela.

[1:42:37] Voice 8: And the other thing I wanted to mention is that the items we have on file that we keep coming up at each of these meetings, some of which is dealt with in camera, almost always involve a property owner that is going against the advice of various agencies, of DFO, for example.

[1:43:01] Voice 8: example um and i understand how that happens but as chelsea elliott pointed out we need to

[1:43:09] Voice 8: really educate people on what they do when they have shoreline properties even if they inherit it

[1:43:16] Voice 8: after many generations we are now in a climate emergency and there are going to be always king

[1:43:24] Voice 8: tides and huge storms and all of these hard armoring structures are not going to save

[1:43:31] Voice 8: their properties and they are certainly not going to help the environment yeah

[1:43:40] Trustee Luckham (probable): i agree and so let's

[1:43:42] Trustee Luckham (probable): we'll have to wait and see what happens with regional planning committee i suppose um i haven't

[1:43:48] Trustee Luckham (probable): looked ahead to see what our projects list looks like but even as a conversation item if this was

[1:43:54] Trustee Luckham (probable): on our project list, I think it would be beneficial to remind us. But I can't help but think that

[1:44:01] Trustee Luckham (probable): part of education is enforcement. And indeed, when seatbelt regulations came in, nobody wore

[1:44:08] Trustee Luckham (probable): seatbelts. As soon as they started getting tickets, they did. I don't know what you think

[1:44:14] Trustee Luckham (probable): about that, Warren Dingman, but part of the education is that we will enforce if you don't

[1:44:20] Trustee Luckham (probable): comply and um admittedly that'll be a lot more work for you but uh there we have it so is there

[1:44:29] Trustee Luckham (probable): any further direction we need to take at this time given that uh as susan yate has indicated

[1:44:33] Trustee Luckham (probable): that there was this was directed towards regional planning committee trustee elliott

[1:44:40] Trustee Elliott (probable): um thank you

[1:44:41] Trustee Elliott (probable): chair i think just from my knowledge of the the workload of regional planning committee um i'm

[1:44:48] Trustee Elliott (probable): going to hazard a guess that this would not they don't have capacity to take this on as a major

[1:44:53] Trustee Elliott (probable): project what i would like to see and i'd like to explore is the becoming part of the green shores

[1:45:04] Trustee Elliott (probable): working group local government working group and i'm just reading about this now but it includes

[1:45:11] Trustee Elliott (probable): includes workshops regional workshops peer-to-peer learning technical assistance free green home

[1:45:18] Trustee Elliott (probable): shores there's a cost but i could perhaps work with staff to see if this would be something that

[1:45:27] Trustee Elliott (probable): we could become members of or whether vick cliff we're through vick cliff we are already members

[1:45:32] Trustee Elliott (probable): of this but use the um the stewardship group that's already out there promoting green shores

[1:45:40] Trustee Elliott (probable): as a way of getting tools and education for landowners here

[1:45:46] Trustee Elliott (probable): so that we're not just trying to do everything in-house in the Islands Trust.

[1:45:50] Trustee Elliott (probable): This is just, this is bigger than us.

[1:45:54] Trustee Elliott (probable): So yeah, the cost for that looks like a sliding scale, $2,500 to $5,000.

[1:45:59] Trustee Elliott (probable): Ask for a minimum of two-year commitment to the working group.

[1:46:03] Trustee Elliott (probable): And that's with the Stewardship Centre for BC.

[1:46:06] Trustee Elliott (probable): So, we could look into that perhaps as another option if regional planning committee isn't able to take this on at this time.

[1:46:17] Trustee Luckham (probable): Yeah, thank you for that very specific sort of direction. I appreciate that and it makes me reflect that, you know, we have been involved in the past.

[1:46:28] Trustee Luckham (probable): And in fact, one of the documents that we have, Green Shores for the Southern Gulf Islands or something it's called, it's on our website, I believe, was a document that we created out of a collaborative process with San Juan Islands to do that.

[1:46:44] Trustee Luckham (probable): And indeed, that's dovetailed into the BC Center for whatever it's called.

[1:46:50] Trustee Luckham (probable): um and so it strikes me that indeed perhaps and i'll just leave that with you rather than it being

[1:46:55] Trustee Luckham (probable): a specific direction is engaging with director freighter trust area services um i think her

[1:47:03] Trustee Luckham (probable): footprint is on that uh from the past and um would be able to uh probably in fairly a brief

[1:47:12] Trustee Luckham (probable): brief conversation, be able to determine what the right actions might be. And so, yeah, I'd say

[1:47:19] Trustee Luckham (probable): pursue that. I don't know that we need to provide you direction to do that, because if you pursued

[1:47:24] Trustee Luckham (probable): that, got some answers back, maybe that could come back to us at our next meeting, and we'll

[1:47:27] Trustee Luckham (probable): continue this discussion. Does that seem reasonable?

[1:47:32] Trustee Elliott (probable): Thank you, Chair. Yeah, I'm happy to do that.

[1:47:35] Trustee Luckham (probable): Trustee Yates, do you have more to add there? Your hand is up.

[1:47:38] Voice 8: Yeah, I do. But I agree with

[1:47:40] Voice 8: with that as well. I really don't want to lose. However, I know, I know the capacity may not be

[1:47:47] Voice 8: there. I don't want to lose this as a really important regional planning issue, because

[1:47:52] Voice 8: it overall, it will affect the trust policy statement, it will affect our official community

[1:47:58] Voice 8: plans. And if we have regional shoreline planning, we would have our own, you know, we'd have our

[1:48:06] Voice 8: our own, I don't know how to say it,

[1:48:09] Voice 8: but our own regulations, I guess,

[1:48:12] Voice 8: to support what we really need to do

[1:48:15] Voice 8: when it comes to local shorelines

[1:48:19] Voice 8: and local property owners.

[1:48:21] Voice 8: So, but I certainly agree with, you know,

[1:48:24] Voice 8: asking Director Frater for that information.

[1:48:27] Voice 8: And just to point out, we get free information

[1:48:30] Voice 8: on shoreline protection and stewardship

[1:48:33] Voice 8: from the Habitat Acquisition Trust.

[1:48:35] Voice 8: trust and we can pick those brochures up in any of our islands trust offices and it's very good

[1:48:45] Trustee Elliott (probable): um trustee Yates if I could just respond I'm not suggesting um regional planning wouldn't take this

[1:48:51] Trustee Elliott (probable): on but the research and like you said the education materials and the resources that we need we don't

[1:49:00] Voice 13: necessarily

[1:49:00] Trustee Elliott (probable): need to develop in-house it's just how is that deployed that could be done at the local

[1:49:05] Trustee Elliott (probable): trust committee level regional planning committee but i think there's a lot of education already out

[1:49:11] Trustee Elliott (probable): there that we just need to access and plug ourselves in in a better way so that's kind

[1:49:17] Trustee Elliott (probable): of the direction i'm hoping we can take

[1:49:18] Voice 8: absolutely

[1:49:19] Trustee Elliott (probable): and as i mentioned the hat

[1:49:21] Voice 8: um information on uh

[1:49:24] Voice 8: charlotte goes right along with that so i i totally agree thank you yeah

[1:49:31] Trustee Luckham (probable): so thanks for this

[1:49:32] Trustee Luckham (probable): conversation and and perhaps we'll just move on um but i am thinking here collecting my thoughts

[1:49:40] Trustee Luckham (probable): right at this moment that um this you know this is a strategic planning item right and is a budget

[1:49:50] Trustee Luckham (probable): item no matter how small it is and that conversation is coming up uh in the next few months

[1:49:56] Trustee Luckham (probable): here and so i think it's necessary that each of us bring our voice to that table in that conversation

[1:50:02] Trustee Luckham (probable): to say how important this is i know that you'll get support from other local trust committee areas

[1:50:07] Trustee Luckham (probable): not all necessarily but certainly you'll get it from some and that will help uh bring the budget

[1:50:14] Trustee Luckham (probable): and make it a strategic item we've uh been on again off again with varying levels of support

[1:50:20] Trustee Luckham (probable): and enthusiasms around the islands trust becoming a leader in shoreline protection like it is just

[1:50:27] Trustee Luckham (probable): just so obvious that um with our coast our coastline i don't even

[1:50:33] Trustee Luckham (probable): know how many miles it is

[1:50:34] Trustee Luckham (probable): but it's lots that we need to do better and i would say that in it in its own way the province

[1:50:40] Trustee Luckham (probable): has stepped into this space uh tactfully or less tactfully depending upon which end of the stick

[1:50:47] Trustee Luckham (probable): you're on um by instituting a moratorium on new docks in the island's trust area they didn't do

[1:50:53] Trustee Luckham (probable): that just willy-nilly they uh they're hearing some of the concerns that are going on they're

[1:50:58] Trustee Luckham (probable): recognizing the issues of docks and they're recognizing the issues of impacts on um on

[1:51:04] Trustee Luckham (probable): traditional uses fish harvesting and clams and eelgrass and all these kinds of things and that

[1:51:12] Trustee Luckham (probable): moratorium on new docks um is part of that theme until we sort out what it is that that means in

[1:51:20] Trustee Luckham (probable): the in the inland sea here i like to refer to the island's just area as um um about how to pursue

[1:51:27] Trustee Luckham (probable): this so uh each of you bring this to council when we're talking strategic uh trustee elliott over

[1:51:33] Trustee Luckham (probable): to you to have that conversation with director fader and certainly i may end up having that

[1:51:37] Trustee Luckham (probable): conversation as well just to refresh myself but she um over over was overworked and under-resourced

[1:51:45] Trustee Luckham (probable): but is a wealth of knowledge and will be able to at least advise, provide some advice about where

[1:51:52] Trustee Luckham (probable): we're at on that. So is there anything further on this topic? Then let us move on to municipal

[1:52:02] Trustee Luckham (probable): regional district tax, MRDT. So who has brought this and what's there? Trustee Elliott, man.

[1:52:10] Trustee Luckham (probable): All this in your spare time, right? Over to you.

[1:52:16] Trustee Elliott (probable): i'm starting to get the hang of this whole thing of when an issue becomes an issue and when you

[1:52:22] Trustee Elliott (probable): can bring it to forward for discussion and when it's an action item so everything is for discussion

[1:52:27] Trustee Elliott (probable): now until i learn what we're going to do with things so um this came about as a result of a

[1:52:33] Trustee Elliott (probable): conversation i had um with some somebody working as the housing and housing strategic coordinator

[1:52:41] Trustee Elliott (probable): coordinator for the Sunshine Coast at the UBCM housing Summit and so they are in a paid position

[1:52:49] Trustee Elliott (probable): to coordinate all a lot of different approaches to their housing challenges in the Sunshine Coast

[1:52:56] Trustee Elliott (probable): and I said well how is this funded and she said oh through the municipal regional district tax

[1:53:02] Trustee Elliott (probable): the hotel tax and I said oh what is that I've never heard of this tax yeah um

[1:53:07] Trustee Elliott (probable): in subsequent

[1:53:08] Trustee Elliott (probable): conversations with our staff and planners, it was suggested that this kind of tax would be

[1:53:18] Trustee Elliott (probable): the most appropriate source of revenue to pay for a sort of a housing plan or a housing position.

[1:53:28] Trustee Elliott (probable): and I think it's cropping up in a few different areas.

[1:53:35] Trustee Elliott (probable): The CVRD now, their MRDT does go towards tourism.

[1:53:41] Trustee Elliott (probable): So a lot of regional districts,

[1:53:44] Trustee Elliott (probable): it just goes to promoting more tourism.

[1:53:46] Trustee Elliott (probable): This is not the direction that I think we would want to go.

[1:53:51] Trustee Elliott (probable): So what I'm looking at is how can we explore this

[1:53:55] Trustee Elliott (probable): in partnership with the RDN?

[1:53:57] Trustee Elliott (probable): The information, so I asked Vanessa Craig, and she's always so great, Director Craig, at getting back with resources.

[1:54:07] Trustee Elliott (probable): And she said that the RDN didn't opt out of this so much as they didn't opt in.

[1:54:17] Trustee Elliott (probable): She had asked staff whether we could do it in Area B or South.

[1:54:23] Trustee Elliott (probable): and the answer she got was that it was very costly in terms of reporting requirements

[1:54:28] Trustee Elliott (probable): and it might not be worth it however she recently spoke with the Cortez director because I think

[1:54:36] Trustee Elliott (probable): there's been like Cortez Island has partnered with Quadra in a separate electoral area and they

[1:54:44] Trustee Elliott (probable): formed a service with the two of them and they've supplied their housing society through this fund

[1:54:51] Trustee Elliott (probable): And the RDN just needed to provide a letter of support.

[1:54:55] Trustee Elliott (probable): So I think this is an evolving conversation.

[1:54:59] Trustee Elliott (probable): Different regional district electoral areas are trying different things.

[1:55:03] Trustee Elliott (probable): But there is some precedence being set with getting, you know, existing hotels and motels on side and signing letters of support saying, yes, we want to do this.

[1:55:17] Trustee Elliott (probable): So it's kind of offsetting, you know, using a tax on services or taxing services that are bringing in tourism to your area and then using that revenue to support housing initiatives or affordable housing initiatives.

[1:55:36] Trustee Elliott (probable): So, different electoral areas are doing it in different ways, and when I looked at the map of who's covered by this tax, the RDN was not in it, out of almost everybody in BC.

[1:55:50] Trustee Elliott (probable): So, everybody else is collecting this tax, the RDN is not, there doesn't seem to be any reason why not, and I think it might be time for that conversation, and could we bring that up in an upcoming protocol meeting with Director Craig?

[1:56:06] Trustee Elliott (probable): So, I've got some background

[1:56:08] Trustee Elliott (probable): information on that, but that's sort of where this all came

[1:56:13] Trustee Elliott (probable): from.

[1:56:15] Trustee Luckham (probable): Well, that's a good idea, because one of the next items on our agenda is an RDN meeting,

[1:56:20] Trustee Luckham (probable): so that seems to dovetail into that nicely.

[1:56:23] Trustee Luckham (probable): I'm not sure how that, well, I am aware of this tax and it's potentially a minefield

[1:56:30] Trustee Luckham (probable): of issues, but it's certainly absolutely worth determining whether or not we could pursue

[1:56:34] Trustee Luckham (probable): to within the regions or not.

[1:56:39] Trustee Luckham (probable): So do you wanna take any specific direction here

[1:56:42] Trustee Luckham (probable): or are you thinking we should just add this

[1:56:44] Trustee Luckham (probable): as one of the agenda items for the regional district?

[1:56:47] Trustee Elliott (probable): You have a resolution.

[1:56:51] Trustee Elliott (probable): We've worked with staff.

[1:56:54] Trustee Elliott (probable): I'm just trying to do many emails.

[1:56:57] Trustee Luckham (probable): Can we get it on the screen?

[1:56:59] Trustee Luckham (probable): Try.

[1:57:02] Trustee Luckham (probable): Whomever.

[1:57:05] Voice 9: Through the chair, I can send that draft resolution

[1:57:09] Voice 9: to our recorder if she doesn't have it.

[1:57:13] Voice 9: Lisa, would you like it?

[1:57:15] Trustee Elliott (probable): Literally just looking for it.

[1:57:17] Trustee Elliott (probable): Oh, there it is.

[1:57:18] Trustee Elliott (probable): I have it already.

[1:57:19] Trustee Elliott (probable): You do?

[1:57:20] Trustee Elliott (probable): Okay.

[1:57:21] Trustee Luckham (probable): We get it on the screen for clarity?

[1:57:24] Trustee Elliott (probable): I can read it out.

[1:57:25] Trustee Elliott (probable): The Gabriela Island Local Trust Committee requests staff

[1:57:29] Trustee Elliott (probable): to inquire with the Regional District of Nanaimo

[1:57:33] Trustee Elliott (probable): regarding the municipal regional district tax and the feasibility of a joint project

[1:57:41] Trustee Elliott (probable): with the regional district of Nanaimo to collect funds for future affordable housing strategic

[1:57:48] Trustee Elliott (probable): planning and coordination um if it's up on the screen at some point we could all look at it

[1:58:00] Trustee Luckham (probable): yeah you lost me about halfway through it but um it would be good to see it on the screen if we can

[1:58:06] Trustee Luckham (probable): here we come can

[1:58:16] Voice 9: you through the chair can you see that resolution yes

[1:58:19] Trustee Luckham (probable): i can see that and i've

[1:58:20] Trustee Luckham (probable): just read it and i'm satisfied with that that looks very good um and then perhaps you might

[1:58:25] Trustee Luckham (probable): just want to add on that as well um that it would be discussed at an upcoming protocol meeting

[1:58:32] Voice 3: sure

[1:58:34] Voice 13: and

[1:58:37] Trustee Elliott (probable): it'd be an item for discussion at a future protocol meeting whichever

[1:58:43] Trustee Elliott (probable): basically awesome

[1:58:46] Voice 13: uh

[1:58:49] Voice 3: trustee yates um

[1:58:52] Voice 8: well you said exactly what i was going to say could could

[1:58:55] Voice 8: we add the protocol meeting bit to this so that's

[1:58:58] Voice 8: great thank you okay

[1:59:00] Trustee Luckham (probable): so then uh let's move trustee

[1:59:02] Trustee Luckham (probable): elliott and trustee yates you're seconding that yeah right

[1:59:07] Trustee Luckham (probable): yeah so any further discussion

[1:59:09] Trustee Luckham (probable): through

[1:59:10] Voice 9: the chair i just want to go

[1:59:12] Trustee Luckham (probable): ahead i

[1:59:14] Voice 9: just wanted to confirm with the minute taker

[1:59:16] Voice 9: that makes sense oh

[1:59:18] Trustee Luckham (probable): i've seen it up on the screen here i'm assuming she was doing the typing

[1:59:21] Voice 9: that that was me because i just threw it up

[1:59:25] Voice 9: i'm through the chair i have it yes

[1:59:27] Trustee Luckham (probable): okay so we're good thanks

[1:59:30] Voice 13: lisa all

[1:59:32] Trustee Luckham (probable): those in favor

[1:59:34] Trustee Luckham (probable): that carries unanimously awesome thank you for bringing that to us

[1:59:37] Trustee Elliott (probable): um i do there is there was

[1:59:41] Trustee Elliott (probable): a resolution out of the first the the earlier discussion item i didn't bring that forward

[1:59:46] Trustee Elliott (probable): because i sort of said i'll go look for more information um but could i bring that back

[1:59:54] Trustee Elliott (probable): again just for consideration i'm not sure if we're ready to on the shoreline

[2:00:00] Trustee Elliott (probable): Shoreline one. Yeah, I just, I'm sorry, a bit scrambled with my note taking today.

[2:00:05] Trustee Elliott (probable): So the, we discussed a resolution with staff potentially out of that discussion and the, so that the Gabriela LTC would request a report from bylaw enforcement on shoreline structures and setbacks, bylaw contraventions in the Gabriela Trust area.

[2:00:30] Trustee Elliott (probable): as well as references to any relevant legal opinions and court decisions on the jurisdiction

[2:00:38] Trustee Elliott (probable): of the islands trust with regard to shoreline structures and setbacks in the trust area

[2:00:42] Trustee Elliott (probable): and this is sort of more responding to the enforcement side of things i i'm going to go

[2:00:51] Trustee Elliott (probable): do some work on education advocacy and stewardship and what are the opportunities there but i'm just

[2:00:58] Trustee Elliott (probable): putting this out perhaps we do need to get a bit more of a global picture on the current status of

[2:01:07] Trustee Elliott (probable): enforcement on shoreline structures and it's my understanding uh i know uh warren dingman is back

[2:01:16] Trustee Elliott (probable): online and perhaps he was going to respond to this i thought we that you were possibly collecting

[2:01:22] Trustee Elliott (probable): or getting a current legal opinion on this issue?

[2:01:29] Trustee Elliott (probable): What was the status of that?

[2:01:31] Trustee Elliott (probable): Sorry to bring us back, I'm jumping around a bit.

[2:01:36] Voice 2: So Chair, the current legal opinion that I'm requesting

[2:01:40] Voice 2: is really in regards to structures in the water zones.

[2:01:45] Voice 2: And those structures are more specific

[2:01:47] Voice 2: to floats and mooring buoys.

[2:01:53] Voice 2: that's uh mostly what that would cover i can you know i guess ask for a little bit more

[2:02:00] Voice 2: clarification on our authority on other structures uh in the water zones but i think

[2:02:06] Voice 2: um especially with with this local trust area you know the legal case for mudge island and that

[2:02:13] Voice 2: property that was subject to enforcement and we took the property under the court about their

[2:02:20] Voice 2: shoreline structures and the bc court of appeal decision i think that's provided you know some

[2:02:26] Voice 2: very clear uh direction on local government's authority uh regarding those type of structures

[2:02:35] Voice 2: but uh yes we can get you know the upcoming legal opinion to provide more clarification

[2:02:42] Voice 2: and you know i could ask uh legal counsel to address uh maybe a little bit broader issues

[2:02:48] Voice 2: as far as our jurisdiction and water zones.

[2:02:54] Voice 13: I

[2:02:55] Trustee Elliott (probable): think it would be handy to have

[2:02:56] Trustee Elliott (probable): as sort of a bit of a summary.

[2:02:59] Trustee Elliott (probable): I've read through the Fonseca decisions and all of that.

[2:03:05] Trustee Elliott (probable): But I think if this is going to be a larger project,

[2:03:09] Trustee Elliott (probable): it would be great to have more of an updated legal opinion

[2:03:14] Trustee Elliott (probable): on what's it going to look like going forward.

[2:03:18] Trustee Elliott (probable): how so if that's possible to to do a report um warren i i'd love to see that i know you're busy

[2:03:28] Trustee Elliott (probable): but um do you think we could see that say for end of august uh

[2:03:35] Voice 13: yes i believe so chair that's

[2:03:37] Voice 13: possible you're a brave man warren um it

[2:03:45] Trustee Luckham (probable): occurs to me that if we're asking other bodies within

[2:03:49] Trustee Luckham (probable): the island's trust to undertake this as a regional project it might be

[2:03:54] Voice 13: um more helpful in the long

[2:03:59] Voice 13: run

[2:03:59] Trustee Luckham (probable): for that ask to be articulated by the body that's going to undertake the work but because

[2:04:06] Trustee Luckham (probable): i wouldn't want to ask for two legal opinions because it's just i see the dollar signs just

[2:04:13] Trustee Luckham (probable): racking up here not to mention warrenstein but i'd be interested in more dingman's thoughts on

[2:04:20] Trustee Luckham (probable): on that in terms of efficiencies

[2:04:22] Voice 3: um yeah

[2:04:26] Voice 2: so chair I don't believe other than the the current one

[2:04:30] Voice 2: that's been requested and maybe adding some more information to for clarification on our

[2:04:36] Voice 2: jurisdiction I think we have solid legal advice on what our jurisdictions are for the water zones

[2:04:46] Voice 2: It can be put into a staff report and with a new opinion, make it as detailed as possible

[2:04:52] Voice 2: with the different files that have come up in this.

[2:04:57] Voice 2: Of course, I would note that really the de Fonseca case on Mudge was a precedent-setting

[2:05:04] Voice 2: case, I think even for Canada, as far as describing and determining what local government's authority

[2:05:11] Voice 2: authority are in regulating structures especially within on on the foreshore and setback from the

[2:05:18] Voice 2: sea and I don't know that we would need another legal opinion I think this one should complete

[2:05:24] Voice 2: the process and give us the information that uh that we need right

[2:05:31] Trustee Luckham (probable): and of course the legal opinion

[2:05:32] Trustee Luckham (probable): is different from a court decision and that was a court decision so that ultimately outweighs

[2:05:36] Trustee Luckham (probable): anybody's opinion correct

[2:05:38] Voice 2: yeah

[2:05:39] Trustee Luckham (probable): okay um so trustee ellie do you want to pursue your motion there or a

[2:05:45] Trustee Luckham (probable): motion at this time um you know and i see jim h's hand is up there as well maybe let's just

[2:05:52] Trustee Luckham (probable): wrap up this part of the conversation trustee h do you have anything more to add uh

[2:05:56] Voice 8: well i was

[2:05:57] Voice 8: just concerned that this would add an enormous amount of work to um to the vital enforcement

[2:06:05] Voice 8: directors to his workload.

[2:06:10] Voice 8: So I just wanted to ask about that.

[2:06:15] Voice 2: I'll be able to produce this report by the end of August or early September.

[2:06:20] Voice 2: That's lots of time to get this completed.

[2:06:24] Trustee Elliott (probable): And yeah, I think,

[2:06:25] Trustee Elliott (probable): I think it would be helpful is just a contextual report of the what's already

[2:06:32] Trustee Elliott (probable): been decided. So we don't,

[2:06:33] Trustee Elliott (probable): So I guess I don't need to ask for more legal opinion if you're saying that the court decisions lay out the jurisdiction pretty clearly.

[2:06:43] Trustee Elliott (probable): So I would just change it to, as well as references to current, well, to court decisions on the jurisdiction of the Islands Trust with regard to shoreline.

[2:06:53] Trustee Elliott (probable): And then I'll leave it to you if you want to seek more advice, if there's anything unclear.

[2:07:01] Trustee Elliott (probable): clear um so i've put that up in the chat and renee it's very similar to the resolution that

[2:07:08] Trustee Elliott (probable): we had discussed so it should be in your email if you could put it on the screen for us

[2:07:15] Trustee Luckham (probable): yeah and then i'll get you to read it out because the trend the chat is great for sending stuff to

[2:07:20] Trustee Luckham (probable): staff but it doesn't become a public so

[2:07:23] Trustee Elliott (probable): i move that the gabriela island local trust committee

[2:07:26] Trustee Elliott (probable): request a report from bylaw enforcement on shoreline structures and setbacks bylaw

[2:07:33] Trustee Elliott (probable): contraventions in the gabriola trust area as well as references to any court decisions

[2:07:39] Trustee Elliott (probable): that well yeah on the jurisdiction or that inform the jurisdiction of the islands trust

[2:07:50] Trustee Elliott (probable): with regard to shoreline structures and setbacks in the trust area okay

[2:07:57] Trustee Luckham (probable): let's wait for lisa to

[2:07:58] Trustee Luckham (probable): to capture that up on the screen.

[2:08:00] Trustee Luckham (probable): I see it there.

[2:08:03] Trustee Elliott (probable): Yeah.

[2:08:03] Trustee Elliott (probable): It's any relevant court decisions.

[2:08:05] Trustee Elliott (probable): Yeah.

[2:08:06] Trustee Luckham (probable): So that's what you're expecting, Trustee Elliot?

[2:08:09] Trustee Elliott (probable): That would be great.

[2:08:10] Trustee Elliott (probable): Yep.

[2:08:11] Trustee Luckham (probable): Do I have a seconder for the motion?

[2:08:13] Trustee Luckham (probable): Trustee Yates? I'll second.

[2:08:14] Trustee Luckham (probable): Thank you.

[2:08:15] Trustee Luckham (probable): Any further discussion?

[2:08:17] Trustee Luckham (probable): All those in favor?

[2:08:19] Trustee Luckham (probable): It carries unanimously.

[2:08:20] Trustee Luckham (probable): Thank you, Warren, for assisting us with this.

[2:08:24] Voice 11: Thanks, Warren. You're welcome, Chair.

[2:08:26] Trustee Luckham (probable): So if it's all right now,

[2:08:27] Trustee Luckham (probable): i'll move to new business item 12.4 which is aggregates um and gravel extraction on gabriel

[2:08:35] Trustee Luckham (probable): island and trustee yates i believe you brought that to us i

[2:08:40] Voice 8: did thank you chair luckham um and

[2:08:42] Voice 8: it's come as a result of quite a bit of community concern and correspondence to me and discussions

[2:08:50] Voice 8: with people on Gabriola about gravel and sand and rock and aggregate extraction generally

[2:09:01] Voice 8: on the islands. And lately there's been a lot of activity in that arena and it's distressing

[2:09:10] Voice 8: to neighbors because it's noisy. The trucks that haul the gravel and stuff, they're really hard on

[2:09:18] Voice 8: the roads. They take up a lot of room on the ferries. And so even though I know perfectly well

[2:09:27] Voice 8: that no local government can ever override the Ministry of Mines, which when I read the Mines

[2:09:34] Voice 8: Acts and all the regulations, I think these are the most archaic regulations I have ever read.

[2:09:41] Voice 8: It's like they date back 200 years or something based on, you know, kind of frontier resource extraction, things like, you know, subsurface rights and all that stuff.

[2:09:52] Voice 8: That aside, I know that we are unlikely to have any effect on Ministry of Mines or even Forestlands Natural Resources operations or on Crownland or even on MOTI, who controls the access permits to the sites.

[2:10:11] Voice 8: I would like to make some kind of a statement from our local trust committee to send a request for decision to Islands Trust Council for discussion in September.

[2:10:27] Voice 8: And if you don't agree, well, then it'll just die on the order paper.

[2:10:32] Voice 8: paper. But here's what I'm going to suggest, that the Fabiola Local Trust Committee send a request

[2:10:41] Voice 8: for decision to Council for discussion in September on a motion to request staff to look

[2:10:50] Voice 8: at options and report back to Council on asking Moti, Flynn Rowe, and Minister of Mines to limit

[2:11:00] Voice 8: limit sand, gravel, aggregate, and related road building materials extraction to the use of such

[2:11:08] Voice 8: materials on the island to which an extraction permit applies. And Renee, I think you have all

[2:11:17] Voice 8: of that wording, right? From yesterday. I'd like to just confirm that with

[2:11:25] Voice 9: the recorder, please.

[2:11:26] Voice 8: Sure. And I'm happy for any suggestions on wording, or if you just think this is completely

[2:11:33] Voice 8: completely nuts that's fine too and I have checked with staff I actually um had a email conversation

[2:11:41] Voice 8: I was going to talk to Stefan Chermak director of planning but he's away so I had a conversation

[2:11:47] Voice 8: with David Marler who's working in his capacity and who has many years experience in this and um

[2:11:55] Voice 8: you know what he did say is yes we have no jurisdiction or but we also have no protocols

[2:12:01] Voice 8: protocols that cover gravel extraction, kind of like we have no protocols for forestry, for

[2:12:08] Voice 8: example. But he did mention the fact that the trust policy statement, the object of the trust,

[2:12:16] Voice 8: our official community plans, would all support the environmental ethic of this.

[2:12:22] Voice 13: yeah okay um trustee

[2:12:30] Trustee Luckham (probable): elliott um you want to add actually clarify something here have you made a

[2:12:37] Trustee Luckham (probable): motion there trustee yates yes

[2:12:40] Voice 8: my motion is to ask to move that our gabriola island local trust

[2:12:46] Voice 8: committee send a request for decision to council for discussion in september okay

[2:12:53] Trustee Luckham (probable): so then let's

[2:12:56] Trustee Luckham (probable): just stay on that stream for a minute and just say is there a seconder for the motion

[2:13:00] Trustee Luckham (probable): there you go you got a seconder so there's at least two of us it's

[2:13:04] Voice 11: not that dead um

[2:13:06] Trustee Luckham (probable): so then

[2:13:07] Trustee Luckham (probable): now let's go to uh so i'm presuming you don't need to speak further to your motion trustee yates no

[2:13:15] Voice 8: i other than just i'm really trying to respond to public concerns and sentiment and we are in

[2:13:21] Voice 8: a climate emergency you know and we're not addressing it in the really big ways that we

[2:13:28] Voice 8: need to address it with resource extraction on all of the trust islands and i'm not no one is

[2:13:35] Voice 8: saying that you shouldn't be you know taking this material and using it for road building on the

[2:13:40] Voice 8: islands you know where you are that's that's great but um i can tell you Nanaimo and Vancouver Island

[2:13:47] Voice 8: and has lots of its own aggregate pits and gravel pits and all those sorts of things.

[2:13:53] Voice 8: They probably don't need stuff scraped bare from properties on Gabriela Island.

[2:14:03] Trustee Luckham (probable): Well, that's a curiosity in itself.

[2:14:05] Trustee Luckham (probable): And clearly there's somebody's bottom line makes it worthwhile getting it from Gabriela.

[2:14:09] Voice 8: Absolutely.

[2:14:10] Voice 8: That's exactly what I'm referring to.

[2:14:13] Trustee Luckham (probable): Okay.

[2:14:14] Trustee Luckham (probable): So, Trustee Elliott, did you wish to contribute to the discussion?

[2:14:17] Trustee Luckham (probable): Yeah,

[2:14:18] Trustee Elliott (probable): I just wanted to commend Trustee Yates, because it's a really difficult scenario to figure out how to creatively respond with an environmental ethic when we do need sand and road materials and everything to house people, and that's not going away.

[2:14:43] Trustee Elliott (probable): way

[2:14:43] Voice 12: so

[2:14:45] Trustee Elliott (probable): to address it by putting limitations that they be used locally only is yeah i think it's an

[2:14:54] Trustee Elliott (probable): interesting creative option um i don't know if it's going to be possible and and i wonder is

[2:15:00] Trustee Elliott (probable): there any yeah so anyway i support the motions intent and i commend you for your creativity and

[2:15:07] Trustee Elliott (probable): and coming up with something

[2:15:09] Trustee Elliott (probable): that we could at least take some action on, potentially.

[2:15:16] Trustee Luckham (probable): Okay, great.

[2:15:19] Trustee Luckham (probable): So I'm gonna join my colleagues in this request.

[2:15:23] Trustee Luckham (probable): I certainly support it.

[2:15:27] Trustee Luckham (probable): However, as you pointed out,

[2:15:29] Trustee Luckham (probable): the archaic nature of the Ministry of Mines

[2:15:32] Trustee Luckham (probable): is probably the biggest stumbling block,

[2:15:37] Trustee Luckham (probable): and probably they would be offended

[2:15:38] Trustee Luckham (probable): if they heard me say that, and I apologize.

[2:15:41] Trustee Luckham (probable): would be offensive if i don't understand the rationale i

[2:15:45] Voice 8: i do not apologize for saying that

[2:15:47] Voice 8: and i had a good conversation with the previous cao of the islands trust who also agreed with me

[2:15:54] Voice 8: that it is one of the most archaic acts that you could come

[2:15:57] Trustee Luckham (probable): across yeah no i don't disagree um

[2:16:01] Trustee Luckham (probable): um and so um what i wonder in this particular circumstance is that the only in that arcade

[2:16:11] Trustee Luckham (probable): okay, in that system, the only opportunity the public and the local government have

[2:16:20] Trustee Luckham (probable): is in the application of a mining permit and the renewal of a mining permit.

[2:16:26] Trustee Luckham (probable): And so I do wonder, the present permit, when is that set to expire?

[2:16:31] Trustee Luckham (probable): Do we know?

[2:16:36] Trustee Luckham (probable): So certainly we want to make sure that our voice is heard loud and clear

[2:16:40] Trustee Luckham (probable): at any of those two opportunities.

[2:16:42] Trustee Luckham (probable): But I am going to support the motion. I think I commend you, Trustee Yates, for bringing it forward also. So, is there any further discussion?

[2:16:52] Voice 3: All those in favor? And that carries

[2:16:56] Trustee Luckham (probable): unanimously. Awesome. Okay.

[2:16:59] Trustee Luckham (probable): Thank you,

[2:16:59] Voice 8: oh brave local trust committee.

[2:17:01] Voice 8: committee oh

[2:17:02] Trustee Luckham (probable): brave trustee thank you for leading us forward um i'm going to move on 12.5 is the

[2:17:10] Trustee Luckham (probable): regional district of Nanaimo meeting protocol meeting and uh uh regional planning manager

[2:17:16] Trustee Luckham (probable): you have some advice here for us thank

[2:17:19] Voice 9: you chair um more of a reminder um to the trustees

[2:17:25] Voice 9: no motion is needed every year there's an annual protocol meeting between the ltc islands trust

[2:17:33] Voice 9: staff and the regional district of Nanaimo so if there's any topics that you would like to

[2:17:40] Voice 9: raise for discussion i've heard some today to please let me know and let our administrative

[2:17:48] Voice 9: assistant will conningham know so that we can add it to the draft agenda with the regional district

[2:17:55] Voice 9: Just a reminder to do that as we sort of get more formalized and I learned my way as our PM for these regional district annual protocol meetings.

[2:18:07] Voice 9: So if it's your preference you can provide a motion if you know there's something very clear you would like, but I'm not asking for a motion today.

[2:18:14] Trustee Luckham (probable): Right. Well I think you understood that we would like to pick up the MRDT as a topic of discussion.

[2:18:21] Trustee Luckham (probable): discussion and so by email you could solicit other topics of discussion I think that's right thank

[2:18:26] Voice 9: you

[2:18:26] Trustee Luckham (probable): so is that all right with trustees yeah yeah okay so um I'm suggesting um as I'm looking at

[2:18:33] Trustee Luckham (probable): the remainder of the agenda here not too much before we get to an in-camera um let's press

[2:18:38] Trustee Luckham (probable): on we're a quarter after 11 roughly and maybe we can wrap this up in fairly short order without

[2:18:42] Trustee Luckham (probable): having to go for a lunch break in between so is that all right with everybody staff especially

[2:18:47] Trustee Luckham (probable): especially yeah okay so let's uh move on then so the next item of business at 13.3.1

[2:18:55] Trustee Luckham (probable): is as was referenced in some correspondence from uh ken ger um is the um i'm sorry i'm not going

[2:19:04] Trustee Luckham (probable): to be able to pronounce that but the elder cedar management plan danger trees for discussion i

[2:19:09] Trustee Luckham (probable): could try doing that but i've messed it up for sure somebody else has the ability to articulate

[2:19:14] Trustee Luckham (probable): articulate the proper pronunciation of that I would be grateful and um so

[2:19:20] Trustee Elliott (probable): queen spay I believe

[2:19:22] Trustee Elliott (probable): spay is cedar and it's like the it's back here yeah so queen spay is the best that I can do

[2:19:31] Trustee Elliott (probable): um we did skip I I know there's no report for relationship building chair um 13.2

[2:19:38] Trustee Elliott (probable): But may I just ask a quick question about that?

[2:19:41] Voice 13: Sure.

[2:19:43] Trustee Elliott (probable): Seeing as we've got a protocol meeting with the RDN, is there any intent to set up a protocol meeting with Sonamik First Nation?

[2:19:57] Trustee Elliott (probable): We do have a standing resolution. There is a protocol between Sonamik First Nation and the Gabriela LTC.

[2:20:05] Trustee Elliott (probable): see i haven't checked it recently but i'm thinking an annual protocol meeting might be in there is

[2:20:14] Trustee Elliott (probable): there a possibility of trying to set one of those up yeah

[2:20:18] Trustee Luckham (probable): let's go to renee i'm sure that she's well

[2:20:20] Trustee Luckham (probable): aware of that through

[2:20:22] Voice 9: the chair um i would suggest um i'll need to just take a look at the protocol

[2:20:27] Voice 9: protocol agreement because I believe that would be identified to have an annual meeting

[2:20:34] Voice 9: and, you know, for the purpose of relationship building and talking about any

[2:20:38] Voice 9: mutual topics of discussion. So, I can follow up with you on that, Trustee Elliott.

[2:20:44] Voice 9: Do you need a resolution? We'll just sort of pursue that.

[2:20:47] Voice 9: If it's already in the protocol agreement, I don't believe there'd be a need for a resolution.

[2:20:53] Voice 9: It would just, it's just for me to note that and follow up with you to have a look at the agreement.

[2:20:59] Voice 9: I also want to make sure that with the other, with our Islands Trust staff involved and with our new Indigenous advisor that they're not already on it.

[2:21:12] Voice 9: And I'm just, I just need to touch base with them on that.

[2:21:15] Voice 9: Right.

[2:21:16] Trustee Luckham (probable): I believe it's in the protocol agreement.

[2:21:18] Trustee Luckham (probable): And so, and indeed, identifying, bringing in the new liaison person would be a priority.

[2:21:27] Trustee Luckham (probable): So can we leave that with RPM Gemara?

[2:21:31] Voice 13: Yes.

[2:21:32] Voice 13: Okay.

[2:21:35] Trustee Luckham (probable): So then back to, I wasn't paying enough attention, Slowene Spey.

[2:21:43] Voice 13: Slowene Spey.

[2:21:44] Voice 13: Slowene Spey.

[2:21:45] Voice 13: We're all trying.

[2:21:47] Voice 13: Good job.

[2:21:51] Voice 3: so over to you trustee elliott

[2:21:56] Voice 13: i

[2:21:57] Trustee Elliott (probable): was going to let trustee yates um take the lead

[2:21:59] Trustee Elliott (probable): i've already worked

[2:22:00] Trustee Elliott (probable): out as much as i can

[2:22:03] Trustee Elliott (probable): from my walk with the manager kate emmings and we've all had a lot of correspondence on this so

[2:22:08] Trustee Elliott (probable): okay

[2:22:08] Trustee Luckham (probable): fantastic so then trustee yates over to you sorry for that yeah

[2:22:13] Voice 8: no thank you chair

[2:22:14] Voice 8: like um and um like my fellow trustee toby elliott we've all had lots of correspondence

[2:22:20] Voice 8: about this we've all been through the nature reserve with staff and without staff and um

[2:22:29] Voice 8: i'm very pleased with the um the resolution that was that we came to on may 30th when we had our

[2:22:36] Voice 8: islands trust conservancy board meeting and i'm just going to read it out just for the benefit

[2:22:43] Voice 8: of it if any public is listening.

[2:22:46] Voice 8: And it was that the Honest Trust Conservancy Board

[2:22:49] Voice 8: direct staff to consider discussion of the board

[2:22:54] Voice 8: regarding Sho'Ween Kshpe Nature Reserve

[2:22:56] Voice 8: and returned to the board with recommendations,

[2:22:59] Voice 8: including legal opinion about options

[2:23:02] Voice 8: related to ITC liability and risk management

[2:23:06] Voice 8: for property management,

[2:23:07] Voice 8: and that staff develop communications

[2:23:09] Voice 8: to the gabriela community in conversation with both local trustees so that was good

[2:23:17] Voice 8: one thing for sure after talking to the public and to the itc staff and and my fellow board

[2:23:26] Voice 8: members on on the itc board one thing for sure is that we we found gaps in the policy

[2:23:35] Voice 8: policy and I believe we also probably have gaps in funding because it seems to me that the very

[2:23:44] Voice 8: gaps that happened the mistakes that happened when the whole um the whole situation was considered

[2:23:52] Voice 8: for what we call elder seed or nature reserve I think the the actual idea that it's a nature

[2:23:59] Voice 8: reserve was kind of lost in the real concern for public safety and liability and so we need to talk

[2:24:08] Voice 8: about that more we need to maybe think about a stronger management plan for um showing bay

[2:24:16] Voice 8: nature reserve and we need to always be aware that if we had stronger funding for the island's

[2:24:25] Voice 8: trust conservancy i don't think those gaps would have happened we would have had staff up here

[2:24:32] Voice 8: to do um you know for supervision for example we were depending on local galt volunteers

[2:24:40] Voice 8: for actual supervision of the cutting the tree cutting that was going to happen

[2:24:46] Voice 8: and they weren't available so the cutting went ahead anyway and um we probably should have had

[2:24:53] Voice 8: staff from the islands trust conservancy well we should have at that time so um i'm really pleased

[2:25:01] Voice 8: with the follow-up that the conservancy staff has done they were really on it right away realizing

[2:25:08] Voice 8: how upset the public was to see some of these really large douglas first and cedars

[2:25:16] Voice 8: come down and certainly many of them were definitely danger trees the bigger question is

[2:25:23] Voice 8: do you do that in a nature reserve so that's the question we need to think more about I'd also like

[2:25:31] Voice 8: to command the honours trust staff for their diligence in following up on this and I mentioned

[2:25:42] Voice 8: mentioned earlier that in my 50 years working on environmental issues, I have probably never

[2:25:48] Voice 8: come across staff who are so dedicated to conservation. I really haven't. So I really

[2:25:57] Voice 8: appreciate that. So I'll leave it at that. And I think we'll move forward in a really positive way.

[2:26:06] Voice 8: And I will always defend the Islands Trust Conservancy budget. I will always be asking for

[2:26:11] Voice 8: for more money for that budget,

[2:26:13] Voice 8: because that is where the best work the Islands Trust does

[2:26:19] Voice 8: is in those conservancy projects, in those nature reserves,

[2:26:23] Voice 8: in those covenants, in protecting property

[2:26:27] Voice 8: that people entrust us with.

[2:26:30] Voice 8: That is where our best work is visible to everyone.

[2:26:35] Voice 8: And I think also where we get

[2:26:37] Voice 8: the most strong public support,

[2:26:40] Voice 8: which is why people were so upset when they saw those trees come down is because they really

[2:26:46] Voice 8: support that kind of conservation and preservation so that's all i have to say thank you well thank

[2:26:56] Trustee Luckham (probable): you for um the significance all of all that you've had to say that is important and i appreciate that

[2:27:02] Trustee Luckham (probable): uh i'm gonna go to trustee elliott and then trustee and then rpm jamra thank

[2:27:10] Trustee Elliott (probable): you for that

[2:27:11] Trustee Elliott (probable): trustee um i would echo my um my support for the work that the conservancy does and that staff

[2:27:17] Trustee Elliott (probable): have really been responsive to the public concern over this and answering emails personally and

[2:27:25] Trustee Elliott (probable): following up with phone calls and it's it's yes mistakes were made because management

[2:27:31] Trustee Elliott (probable): plans are imperfect especially when they're being undertaken remotely what i would suggest

[2:27:37] Trustee Elliott (probable): looking forward is can we explore having a forest ecologist on staff just like the need for the

[2:27:46] Trustee Elliott (probable): freshwater specialist position to specifically identify how to protect freshwater groundwater

[2:27:55] Trustee Elliott (probable): on the in the gulf islands many people have spoke to me during the camp during the campaign before

[2:28:01] Trustee Elliott (probable): we were elected of why is there no ecologists or forest biologists on staff if this is so important

[2:28:08] Trustee Elliott (probable): we need our own staffed position to be able to direct action so i think um yeah delegating

[2:28:18] Trustee Elliott (probable): decision making to a local tree cutter whose business is you know commercial in nature

[2:28:24] Trustee Elliott (probable): nature is not an acceptable way to manage nature reserves at all so I would say that yes we need

[2:28:33] Trustee Elliott (probable): to beef up the Conservancy and we need some expertise on staff they

[2:28:40] Voice 13: don't strategic plan

[2:28:43] Voice 13: budget that's

[2:28:46] Trustee Luckham (probable): what we need to have okay let us move on if that's all right um applications report

[2:28:52] Trustee Luckham (probable): report dated May the 31st. I'm assuming that's up to date, RPM, Gemara, nothing new to add?

[2:28:58] Voice 9: Through the chair, nothing new to add for that item. If you'll allow me just a very quick 10

[2:29:06] Voice 9: second update, just to echo the work that the Island's Trust Conservancy staff are doing.

[2:29:14] Voice 9: They are currently working on an article for the Gabriel LaSounder. So that's something that

[2:29:20] Voice 9: community members can look out for just in response to making sure the information is

[2:29:25] Voice 9: shared out and in updates provided and of course any questions or comments or concerns

[2:29:31] Voice 9: members of the community can reach out to the islands trust conservancy staff

[2:29:36] Voice 9: by phone call and can contact the manager kate emmings with any questions they may have okay

[2:29:44] Trustee Luckham (probable): thank you for that sorry to have skipped over you that's

[2:29:47] Voice 9: quite all right and no updates for the

[2:29:49] Voice 9: active projects. All

[2:29:51] Trustee Luckham (probable): right. So then I'll just go to the trustees. Do you have any

[2:29:53] Trustee Luckham (probable): questions about any of the applications on the applications log? Nope.

[2:30:00] Trustee Luckham (probable): Okay, then I'll continue. Local expense report dated April 2023. That's there for your information. And if there are any concerns, it's best to raise it with the finance staff.

[2:30:15] Trustee Luckham (probable): So I'll continue on. No adopted policies, adopted and policies and standing resolutions are there for our information unless we're prepared to change them at this time.

[2:30:25] Trustee Luckham (probable): and then the local trust committee web pages if there's anything unusual it needs to be changed

[2:30:29] Trustee Luckham (probable): there or identified this is the chance to raise that and i see trustee yates i think your hand

[2:30:34] Trustee Luckham (probable): was up

[2:30:34] Voice 8: i'm just going back to the adopted policies and standing resolutions i just want

[2:30:40] Voice 8: to draw our

[2:30:41] Voice 8: attention to the last one on page 101 we have the standing resolution um regarding deferring

[2:30:50] Voice 8: enforcement on all existing non-compliant dwellings being used for residential purposes

[2:30:55] Voice 8: and we do need to review that once a year and we did say at one point that we were going to

[2:31:02] Voice 8: review it in October of this year so just just a heads up on that I'm sure everybody will remember

[2:31:08] Voice 8: that um and the second part of that um and we have talked about this before that that we recommend

[2:31:16] Voice 8: Well, the previous LTC recommended to us, the incoming LTC, that it conduct a community consultation regarding this.

[2:31:26] Voice 8: And I would like to see that come off of our standing resolutions that little bit, because I am assuming, but tell me if I'm wrong, that that will happen when we do our OCP review.

[2:31:39] Voice 8: review do we want to do that before we do the OCP review because I'm happy if we just get a report

[2:31:48] Voice 8: in October regarding regarding how this is working um I

[2:31:55] Voice 13: agree like

[2:31:58] Voice 8: I don't know what do

[2:31:59] Voice 8: you think uh Trustee Elliott do we want to conduct a community consultation I

[2:32:03] Trustee Elliott (probable): don't think separately

[2:32:04] Trustee Elliott (probable): I think in the context of the housing discussions um absolutely it's going to be part of that

[2:32:11] Trustee Elliott (probable): community constitution so the intent is there that we would check back in but I don't I agree

[2:32:18] Trustee Elliott (probable): I don't think it needs to be a separate action from the OCP review.

[2:32:22] Voice 8: Can we remove D then from

[2:32:25] Voice 8: that?

[2:32:29] Trustee Elliott (probable): I'm fine with that I do you need a resolution?

[2:32:32] Trustee Luckham (probable): We should have a resolution if you're

[2:32:34] Voice 8: I move that the Gabriel on a local trust committee remove, um, under GB 2022 dash 0 8 9 standing

[2:32:48] Voice 8: resolution. Um, the last point D that the Gabriel, a local trust committee. Well, no, they, sorry

[2:32:58] Voice 8: that, that we, uh, how do we do this? I just want to remove D.

[2:33:04] Voice 8: Well,

[2:33:05] Trustee Luckham (probable): you know, it's more complicated than that, actually, I realize, and I'm sure Renee is bristling a little bit there, but probably you want would want to rescind that particular standing resolution and create a new one that encompasses what you intend.

[2:33:21] Trustee Luckham (probable): 10. So perhaps. No, I don't

[2:33:23] Voice 8: want to do that.

[2:33:24] Trustee Luckham (probable): Yeah. So I

[2:33:25] Voice 8: don't want to rescind the standing

[2:33:26] Voice 8: resolution. I just think that that very last section on D that was recommended for us to do

[2:33:34] Voice 8: is probably redundant because it will happen when we do the OCP review.

[2:33:39] Voice 8: Through the

[2:33:40] Trustee Luckham (probable): chair. Unless the regional planning manager has some advice, I would just leave it

[2:33:44] Trustee Luckham (probable): along okay rpm okay

[2:33:47] Voice 9: i believe we can amend this resolution um if there's no further um need to

[2:33:58] Voice 9: investigate uh d more or um we can amend that resolution is my understanding

[2:34:06] Voice 9: um i could we could also bring this back for new business at the next meeting and i can have some

[2:34:13] Voice 9: more information well

[2:34:14] Trustee Luckham (probable): so let's have a motion to bring back that um with a new with a recommended

[2:34:19] Trustee Luckham (probable): motion for the next meeting i

[2:34:20] Trustee Elliott (probable): don't think it's necessary chair uh to be honest the the previous

[2:34:25] Trustee Elliott (probable): ltc knew that they couldn't task the incoming ltc with any work and so this is just their

[2:34:31] Trustee Elliott (probable): recommendation that we do this and all we do is just not do the recommended

[2:34:36] Voice 11: action so

[2:34:37] Trustee Elliott (probable): i don't i

[2:34:38] Trustee Elliott (probable): I see no action needs to be taken.

[2:34:41] Trustee Elliott (probable): This is the intent of that resolution

[2:34:44] Trustee Elliott (probable): or that part of the resolution

[2:34:45] Trustee Elliott (probable): was to do consultation with the community,

[2:34:48] Trustee Elliott (probable): which will be done with the OCP review.

[2:34:50] Trustee Elliott (probable): So I don't see any need to remove it.

[2:34:52] Voice 8: Okay. Yeah.

[2:34:54] Voice 8: Yeah, you're right, Trustee Elliott.

[2:34:56] Voice 8: It's gonna come anyway.

[2:34:57] Voice 8: I just keep thinking,

[2:34:58] Voice 8: I keep seeing it as a separate thing

[2:35:00] Voice 8: that we need to do soon at some or something,

[2:35:03] Voice 8: but yeah, that's a good point.

[2:35:06] Trustee Luckham (probable): Okay, so let's move on from this then.

[2:35:08] Trustee Luckham (probable): I'm happy with that thank

[2:35:09] Voice 8: you me too all

[2:35:11] Trustee Luckham (probable): right so then this brings us then to active projects

[2:35:14] Trustee Luckham (probable): and future projects and really unless you want to amend them or change them in some fashion

[2:35:19] Trustee Luckham (probable): that's there for our information at this time so is there any wishes of the LTC with respect to

[2:35:25] Trustee Luckham (probable): those two items I

[2:35:26] Voice 8: have one chair luckham go

[2:35:28] Trustee Luckham (probable): ahead um

[2:35:29] Voice 8: on page 102 because we discussed this at our

[2:35:33] Voice 8: last LTC meeting. Under the comprehensive OCP and LEB review, do about, I don't know, eight

[2:35:42] Voice 8: dashes down, review amenity zoning and housing agreements, density bank policies, opportunities

[2:35:50] Voice 8: for rental zoning. I think we decided to get rid of the density bank investigation. But do we want

[2:35:59] Voice 8: to just leave it in here generally it's

[2:36:03] Trustee Elliott (probable): in our ocp i don't think we can yeah move

[2:36:07] Trustee Elliott (probable): it as a put

[2:36:08] Trustee Elliott (probable): as a future project but the density bank exists in our ocp and so right so we will just have to

[2:36:17] Voice 8: deal with

[2:36:17] Trustee Elliott (probable): it then i think so yeah

[2:36:20] Trustee Luckham (probable): okay that's good okay great so then i'll move on to um the

[2:36:25] Trustee Luckham (probable): The final item being that our next regular scheduled meeting

[2:36:29] Trustee Luckham (probable): is Thursday, July the 20th, 10.30

[2:36:31] Trustee Luckham (probable): at the Gabriella Arts and Heritage Center.

[2:36:35] Trustee Luckham (probable): And so now the last item on our agenda

[2:36:39] Trustee Luckham (probable): is going to be the in-camera session.

[2:36:42] Trustee Luckham (probable): And so I'll look for a motion from one of the trustees

[2:36:46] Trustee Luckham (probable): to go in camera that's on your agenda.

[2:36:47] Trustee Luckham (probable): And thanks public for joining us.

[2:36:50] Trustee Luckham (probable): We'll only be returning to the public venue

[2:36:52] Trustee Luckham (probable): you for um reporting out from that meeting and adjourning and that will become apparent in the

[2:37:00] Trustee Luckham (probable): minutes um so let's have a motion to go in camera i

[2:37:06] Voice 8: moved that the gabriel island local trust

[2:37:07] Voice 8: committee go in camera oh

[2:37:12] Trustee Luckham (probable): uh it's a little bit more it has to be subject to and pursuant

[2:37:16] Trustee Luckham (probable): rob and if i'm not mistaken that motion there on page three of our agenda okay

[2:37:22] Trustee Elliott (probable): right sorry

[2:37:26] Trustee Elliott (probable): I

[2:37:27] Voice 8: move that the meeting be closed to the public in accordance with the community charter part

[2:37:33] Voice 8: four division three section 91 a part of a council meeting may be closed to the public

[2:37:38] Voice 8: if the subject matter being considered relates to or is one of or more of the following personal

[2:37:45] Voice 8: information about an identifiable individual who holds or is being considered for a position as

[2:37:50] Voice 8: an officer employee or agent of the municipality or another position appointed by the municipality

[2:37:56] Voice 8: and law enforcement if the council considers that disclosure could reasonably be expected

[2:38:02] Voice 8: to harm the conduct of an investigation under or enforcement of an enactment and that the recorder

[2:38:10] Voice 8: and staff attend the meeting that's

[2:38:13] Trustee Luckham (probable): one of the longer emotions i've seen to go on camera for

[2:38:16] Trustee Luckham (probable): a while so thank you very much for carrying that off you have a secondary

[2:38:20] Voice 11: one and

[2:38:23] Trustee Luckham (probable): um that seconded

[2:38:24] Trustee Luckham (probable): and so uh no discussion so call for the vote all those in favor is that my hand up there and there's

[2:38:32] Trustee Luckham (probable): okay so then that carries so we'll give uh staff a moment to turn off the streaming and the live

[2:38:38] Trustee Luckham (probable): recording and once again i'll just thank everybody that's joined us this morning uh for our ltc

[2:38:44] Trustee Luckham (probable): meeting okay so uh this is the the gabriella ltc having uh just returned from an in-camera

[2:38:57] Trustee Luckham (probable): session and um we have one thing from that uh in-camera meeting to rise and report and i'd

[2:39:05] Trustee Luckham (probable): like to uh report that the gabriella island local trust committee has appointed jenny uh

[2:39:12] Trustee Luckham (probable): Delbrecht, Dylan Wallinger, Angela Pounds, John Woods, Ardith Cooper, Emily Carson-Apstein,

[2:39:23] Trustee Luckham (probable): Stephen Earle, and Felix Addison to the Gabriola Island Housing Advisory Planning Commission,

[2:39:31] Trustee Luckham (probable): commencing immediately for term ending May the 11th, 2025.

[2:39:37] Trustee Luckham (probable): And so that concludes our business today with the Gabriola Local Trust Committee.

[2:39:42] Trustee Luckham (probable): i want to thank you trustees and staff for your uh full uh participation and and and meaningful

[2:39:48] Trustee Luckham (probable): conversations we've had today and i look forward to seeing you all in the future so i'll call for

[2:39:53] Trustee Luckham (probable): adjournment those in favor all in favor and so thank you again everybody um and we are adjourned

[2:40:02] Trustee Luckham (probable): Thank you. Take care.

[2:40:05] Trustee Elliott (probable): Bye everyone. Bye.

ADOPTED  
Gabriola Island ADOPTED 1 
Local Trust Committee Minutes 
June 8, 2023 
 
 
Gabriola Island Local Trust Committee 
Minutes of Regular Meeting 
 
Date:  
Location:  
June 8, 2023 
Electronic Meeting 
 
Members Present: Peter Luckham, Chair 
 Tobi Elliott, Trustee 
 Susan Yates, Trustee 
  
Staff Present: Renée Jamurat, Regional Planning Manager 
 Margot Thomaidis, Planner 2 
 Marlis McCargar, Island Planner 
Warren Dingman, Bylaw Enforcement Officer 
Taryn Plater, Co-op Student Planner 
 Lisa Millard, Recorder 
  
Others Present: There was approximately 1 member of the public in attendance. 
  
 
1. CALL TO ORDER 
The Chair called the meeting to order at 9:02 am. He acknowledged that the meeting was being 
held in territory of the Coast Salish First Nations. 
 
2. APPROVAL OF AGENDA 
The following additions to the agenda were presented for consideration: 
 4.4.1    Comments from Trustee Elliott 
 11.2     Late correspondence from Vanessa Craig, RDN Director for Area B 
 12.4     Gravel and Aggregate Extraction  
 12.5     Regional District of Nanaimo (RDN) Annual Protocol Meeting 
By general consent the agenda was approved as amended. 
 
3. RISE AND REPORT  
 Chair Luckham will rise and report on the Advisory Planning Commission appointments following 
the In-Camera Meeting. 
 
4. REPORTS 
4.1 Trustee Reports 
 Trustee Yates reported the following: 
 She acknowledged the recent hiring of the new Senior Indigenous Relations Advisor 
for Islands Trust; 

ADOPTED  
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 She has been appointed to the Gabriola Recreation and Electoral Area B Parks and 
Trails Master Plan Advisory Committee; and 
 She visited three nature reserves on Gabriola Island on June 2, 2023, with Islands 
Trust Conservancy Staff who are monitoring the Burren’s Acres, Coats Millstone, 
and S’ul-hween X’pey (Elder Cedar) Nature Reserves. 
 
Trustee Elliott reported the following: 
 On June 7, 2023 she attended the World Oceans Day event held on Snuneymuxw 
Reserve #5 on Gabriola, which was co-organized by Snuneymuxw First Nation and 
the Department of Fisheries and Oceans (DFO). A highlight of the event was a 
demonstration with a remote operated vehicle that maps sea life underwater; 
 She held office hours on most Tuesdays and Thursdays for the month of May; and 
 She attended a training session for Islands Trust Chairs on May 19, 2023 in Victoria. 
 
4.2 Chair's Report 
 Chair Luckham reported the following: 
 He acknowledged Worlds Oceans Day and the importance of marine conservation 
and protection; 
 He attended the Chair training workshop; 
 He participated in a Governance Committee meeting which is reviewing current 
governance on the Islands Trust’s preserve and protect mandate; and 
 He has written a letter to the Chief Administrative Officer and the President of Nav 
Canada outlining concerns about proposed flight path changes over Gabriola. 
 
4.3 Electoral Area Director's Report 
Received. 
 
4.4 First Nation Reports – none 
 
4.4.1 Comments from Trustee Elliott 
The Trustee noted that the Snuneymuxw Marine Division is considering 
conducting research for the purpose of mapping a baseline inventory of sea life 
in the areas where ships are currently being anchored in coastal waters within 
their territories. The data collected could be used to study the impacts of anchor 
dragging on the seabed. The Trustee will make inquires to explore opportunity 
for project collaboration at the local government level and will provide an 
update. 
 
5. PUBLIC COMMENTS – none 
 
6. MINUTES 
6.1 Local Trust Committee Minutes dated May 11, 2023 – for adoption 
 
By general consent the Local Trust Committee meeting minutes of May 11, 2023 were 
adopted. 
 
6.2 Section 26 Resolutions-Without-Meeting Report - none 

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June 8, 2023 
 
6.3 Advisory Planning Commission Minutes – none 
 
7. BUSINESS ARISING FROM MINUTES 
 
7.1 Follow-up Action List dated May 31, 2023 
 
8. APPLICATIONS AND REFERRALS 
8.1 Development Variance Permit Application GB-DVP-2016.3 Packham & Van 
Herwaarden - Staff Report 
 A Planner summarized the staff report and noted that ongoing requests to the applicant 
to submit information and reports were not forthcoming, and the deadline for 
submission had passed five months ago. Discussion ensued and Trustees noted the 
following:  
 Concerns about the health of Goodhue Creek, and reports from neighbours of 
unusual discolouration 
 The need to assess impacts on the Riparian Area. 
A Trustee asked Bylaw Enforcement staff about next steps after denial of the 
application. Staff confirmed that they will proceed with enforcement and, ultimately, 
legal action if they cannot receive compliance.  
 
GB-2023-037 
It was MOVED and SECONDED  
that the Gabriola Island Local Trust Committee deny issuance of GB-DVP-2016.3 due to 
insufficient information being provided by the applicant.  
    
CARRIED 
  
GB-2023-038 
  It was MOVED and SECONDED  
that the Gabriola Island Local Trust Committee forward file GB-DVP-2016.3 to bylaw 
enforcement staff to continue action for bylaw enforcement for this property. 
 
CARRIED 
 
8.2 Temporary Use Permit 2022.1 Garner (Renewal of GB-TUP-2018.1) for a Commercial 
Vacation Rental - Staff Report 
 A Planner summarized the staff report and highlighted the following: 
 The permit is considered a renewal even though the initial permit expired sixteen 
months ago. The applicant applied for the renewal before the expiration of the 
original permit; the delay was related to work required to comply with the B.C. Fire 
Code. 
 There have not been any complaints received regarding the short-term vacation 
rental (STVR). 

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 Neighbours were notified of the Temporary Use Permit (TUP) renewal application 
and details were published in the local newspaper, and there has been no 
correspondence received regarding the application. 
 A condition of the original permit required the applicant to apply for a provincial 
Water License under the Water Sustainability Act as the groundwater is being used 
for a non-domestic purpose. The applicant has not applied for a Water Licence. 
 
 Discussion ensued and Trustees noted the following: 
 There is concern that a groundwater license has not been applied for even though it 
was a condition of the original permit. 
 The information supplied to guests regarding water conservation practices is 
positive. 
 The Water Sustainability Act is clear in that it applies to non-domestic use, and it is 
the duty of the business operator to ensure compliance. 
The applicant was in attendance via electronic meeting, and made the following 
comments: 
 She did not realize the importance of having a water license because the original 
permit was issued without it. 
 She thought having the water license was a recommendation and not a 
requirement. 
 She will apply for the ground water license. 
 
GB-2023-039 
It was MOVED and SECONDED 
that the Gabriola Island Local Trust Committee defer the issuance of Temporary Use 
Permit GB-TUP-2022.1 (a renewal of previously issued Temporary Use Permit GB-TUP-
2018-1), subject to the applicant applying for the recommended ground water license.  
 
CARRIED 
 
The meeting was recessed at 10:23 am and reconvened at 10:29 am. 
 
9. LOCAL TRUST COMMITTEE PROJECTS – none 
 
10. DELEGATIONS - none 
 
11. CORRESPONDENCE 
(Correspondence received concerning current applications or projects is posted to the LTC 
webpage) 
 
11.1 Email dated May 12, 2023 from Ken Gurr regarding Elder Cedar Trees Cut 
 Received. 
 
11.2 Late correspondence from Vanessa Craig, RDN Director for Area B 
 Received. 
 

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12. NEW BUSINESS 
12.1 Freedom of Information and Protection of Privacy Bylaw - for adoption 
 
GB-2023-040 
It was MOVED and SECONDED 
that Gabriola Island Local Trust Committee Bylaw No. 315, cited as “Gabriola Island 
Local Trust Committee Freedom of Information and Protection of Privacy Bylaw No. 315, 
2023” be adopted. 
 
CARRIED 
12.2 Shoreline Structures and Setbacks – for discussion 
Discussion ensued and Trustees noted the following: 
 There is growing concern about the ongoing trend of property owners using hard 
shoreline protections (armouring) in attempts to prevent shoreline erosion. 
 There is an opportunity to explore collaboration with existing groups like Habitat 
Acquisition Trust to educate property owners about shoreline stewardship and best 
practices using natural processes versus hard sea walls, and that this is a cost 
effective approach. 
 There is a need for further discussion about shoreline structures and setbacks and 
enforcement must be firm or the trend will continue. 
 It was suggested that this issue could be brought to the Vancouver Island Climate 
Change Steering Committee that is working with local governments in coastal 
communities to mitigate the affects of climate change. In particular, Stewardship 
Centre BC supports offers a Green Shores for Local Government program. 
 It is an Islands Trust wide issue that has been brought to the attention of the 
Regional Planning Committee. 
 
The Bylaw Enforcement Manager noted that there is currently a request for legal 
opinion regarding structures located within the water zones, and that there are already 
legal opinions, and court judgements, that can be referenced regarding shoreline 
structures. 
 
GB-2023-041  
It was MOVED and SECONDED  
that the Gabriola Island Local Trust Committee request a report from Bylaw 
Enforcement on Shoreline Structures and Setbacks bylaw contraventions in the Gabriola 
Trust Area, as well as references to any relevant court decisions on the jurisdiction of 
the Islands Trust with regard to Shoreline Structures and Setbacks in the Trust Area. 
 
CARRIED 
 
12.3 Municipal Regional District Tax (MRDT) - for discussion 
 A Trustee summarized the tax and indicated that it might be considered as an 
appropriate source of revenue to fund a housing plan. It was noted that the RDN does 
not collect this tax and there is opportunity to discuss this with the RDN at the upcoming 
protocol meeting. 
 

ADOPTED  
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June 8, 2023 
 
GB-2023-042 
It was MOVED and SECONDED  
that the Gabriola Island Local Trust Committee request Staff to enquire with the 
Regional District of Nanaimo regarding the Municipal Regional District Tax and the 
feasibility of a joint project with the Regional District of Nanaimo to collect funds for 
future affordable housing strategic planning and coordination, and be an item for 
discussion for a future protocol meeting.  
CARRIED 
  
12.4 Gravel and Aggregate Extraction – for discussion 
A Trustee stated that there is community concern about the impact of gravel, sand, and 
rock extraction, including noise and dust from trucks, impacts on roads, and the amount 
of space the transport vehicles take up on the ferries. Discussion ensued. 
 
GB-2023-043 
It was MOVED and SECONDED 
that the Gabriola Island Local Trust Committee send a request for decision to Islands 
Trust Council for discussion in September on: a motion to request Staff to look at 
options and report back to Council on asking the Ministry of Transportation and 
Infrastructure, the Ministry of Forests, Lands and Natural Resource Operations, and the 
Ministry of Mines, to limit sand, gravel, aggregate and related road-building materials 
extraction to the use of such materials on the island to which an extraction permit 
applies.   
CARRIED 
 
12.5 RDN Protocol Meeting 
Trustees were reminded that the Annual Protocol Meeting between the LTC and RDN is 
upcoming and to submit any topics for discussion to be added to the draft agenda. 
 
13. REPORTS 
13.1 Climate Change Action Update - none 
 
13.2 First Nations Relationship Building – none 
 
13.3 Trust Conservancy Report - none 
 
13.3.1 S'ul-hween X'pey (Elder Cedar) Management Plan - Danger Tree - for discussion 
 Discussion ensued and Trustees summarized the following: 
 A significant amount of correspondence was received. 
 They are pleased with the resolution that was made at the May 30, 2023 
Islands Trust Conservancy Board Meeting which seeks further opinion and 
recommendations on the matter. 
 The Island Trust Conservancy staff will be publishing an article in the local 
newspaper for follow up to community concerns. 
  
13.4 Applications Report dated May 31, 2023 
 Received. 
 
13.5 Trustee and Local Expense Report dated April 2023 
Received. 

ADOPTED  
Gabriola Island ADOPTED 7 
Local Trust Committee Minutes 
June 8, 2023 
 
 
13.6 Adopted Policies and Standing Resolutions 
  
13.7 Local Trust Committee Webpage – no updates 
 
14. WORK PROGRAM 
14.1 Active Projects Report dated May 31, 2023  
 Received. 
 
14.2 Future Projects Report dated May 31, 2023  
 Received. 
 
15. UPCOMING MEETINGS 
15.1 Next Regular Meeting Scheduled for Thursday, July 20, 2023 at 10:30 am at the 
Gabriola Arts and Heritage Centre. 
 
16. CLOSED MEETING closed at 11:39 am. 
16.1 Motion to Close the Meeting 
 
GB-2023-044 
It was MOVED AND SECONDED  
that the meeting be closed to the public in accordance with the Community Charter, 
Part 4, Division 3, s.90 (1) A part of a council meeting may be closed to the public if the 
subject matter being considered relates to or is one or more of the following: 
● (a) personal information about an identifiable individual who holds or is being 
considered for a position as an officer, employee or agent of the municipality or 
another position appointed by the municipality; and 
● (f) law enforcement, if the council considers that disclosure could reasonably be 
expected to harm the conduct of an investigation under or enforcement of an 
enactment;  
and that the Recorder and Staff attend the meeting. 
CARRIED 
16.2 Recall to Order 
 The meeting was recalled to order at 12:30 pm. 
 
16.3 Rise and Report  
The Chair reported that the Gabriola Island Local Trust Committee appointed Jenni 
Gehlbach, Dylan Wallinger, Angela Pounds, John Woods, Ardyth Cooper, Emily Carson-
Apstein, Steven Earle, and Felix Addison to the Gabriola Island Housing Advisory 
Planning Commission, commencing immediately for a term ending May 11, 2025. 
 
17. ADJOURNMENT 
 By general consent the meeting was adjourned at 12:30 pm 
 
_________________________ 
Peter Luckham, Chair 
Certified Correct: 
_________________________ 
Lisa Millard, Recorder