Gambier Island Local Trust Committee regular meeting, August 29, 2023

[0:00:02] Yeah,

[0:00:02] Trustee Stamford (probable): we're just

[0:00:09] Voice 3: about to start up the live streaming and started recording already.

[0:00:13] Voice 3: So if we get the live streaming going, folks at home

[0:00:17] Voice 11: will be able to see what's going on.

[0:00:32] Trustee Stamford (probable): Everybody knows there is coffee and I put a few cookies out and they're all getting the rest.

[0:00:39] Voice 10: I hope they weren't chocolate chip.

[0:00:41] Voice 10: then there should not be

[0:00:42] Trustee Stamford (probable): oh no okay yes okay

[0:00:48] Voice 3: everybody um thank you for coming out today

[0:00:51] Voice 3: um my name is peter lockham i'm elected on uh adidas island which is in the latin

[0:00:57] Voice 3: penelope territory with me

[0:01:00] Voice 11: okay so um i'm

[0:01:12] Voice 3: elected on titus uh in the last output territory and i'm

[0:01:16] Voice 3: I'm grateful to be here today on Gantrier Island in Scotch territory.

[0:01:22] Voice 3: And, of course, it's an amazing, wonderful place that we live in, in the Coast Salish Sea.

[0:01:26] Voice 3: I like to refer to it as broadly an amazing opportunity for us to learn about the history of this place from the first people.

[0:01:35] Voice 3: Isn't the weather a shock?

[0:01:36] Voice 3: I asked Kate when I got here, is the weather always like this?

[0:01:42] Voice 3: I think it was the reason I came for it today at home.

[0:01:46] Voice 3: anyway i'm glad to be here we have a we have an agenda before us and we uh we do occasionally

[0:01:55] Voice 3: reaching the agenda to facilitate people coming and going from the staff side otherwise and so

[0:02:00] Voice 3: we're going to just uh change the agenda up a little bit we're going to go uh we're going to

[0:02:05] Voice 3: skip over 7.2 until probably 12 and then we'll pick that up later we'll probably have a break

[0:02:12] Voice 3: at some time after 12 and continue on.

[0:02:16] Voice 3: There's an anticipation that we would conclude

[0:02:20] Voice 3: in adequate time for those of us

[0:02:22] Voice 3: who have come to travel here today

[0:02:23] Voice 3: after 3.10, that's what we're leaving here at that time.

[0:02:28] Voice 3: So we'll probably hopefully wrap up by then.

[0:02:30] Voice 3: But there's a public comment period

[0:02:31] Voice 3: that we'll lead you to after we're done

[0:02:34] Voice 3: to us reporting out.

[0:02:36] Voice 3: And I'll mention that again when we get there,

[0:02:39] Voice 3: but let's just be respectful

[0:02:40] Voice 3: and keep your comments succinct so i'm just going to ask staff and trustees if there's anything to

[0:02:47] Voice 3: add or remove from the agenda today can

[0:02:50] Trustee Stamford (probable): i just clarify what you meant by being 7.2 where exactly

[0:02:54] Voice 3: uh we'll go after 7.3 or something if june is apparently when david mahler can join us he's

[0:03:01] Voice 3: going to speak to that topic so i don't so we'll just defer that till later on okay okay

[0:03:07] Trustee Stamford (probable): i have no

[0:03:08] Trustee Stamford (probable): other changes

[0:03:09] Voice 3: okay anybody else nothing from me no so then what we'll do is by general consent adopt

[0:03:14] Voice 3: the agenda as presented and thank the staff for that opportunity so i just want to do some

[0:03:20] Voice 3: introduction round table and i'll start off with the trustees who i'm sure you know and i'll start

[0:03:25] Voice 3: at the far end if you want to introduce yourself hey

[0:03:27] Trustee Stamford (probable): louise stafford um you're representative for

[0:03:31] Trustee Stamford (probable): gambier island but i also represent across on this trust area as far north as tourniquin island

[0:03:37] Trustee Stamford (probable): on the Sunshine Coast.

[0:03:39] Trustee Stamford (probable): There's 30 islands in our

[0:03:41] Trustee Stamford (probable): trust area.

[0:03:43] Voice 5: I'm Joe Bernardo. I'm your second

[0:03:45] Voice 5: trustee in this area.

[0:03:48] Voice 5: I'm from Keats Island.

[0:03:50] Voice 5: Glad to be here

[0:03:51] Voice 5: at Gambier.

[0:03:54] Voice 5: Looking forward to the productive meeting.

[0:03:57] Trustee Stamford (probable): And

[0:03:58] Voice 3: now we have Diane Corbett.

[0:03:59] Voice 3: We must get you all know.

[0:04:00] Voice 3: Thank you for joining us.

[0:04:03] Voice 3: Yes, I've recorded.

[0:04:04] Voice 3: And we have

[0:04:07] Voice 3: Simon McArliss

[0:04:08] Voice 3: with us here today, our new planner

[0:04:11] Voice 3: and regional planning

[0:04:13] Voice 3: manager, Renee Gemara,

[0:04:15] Voice 3: here to help assist us

[0:04:17] Voice 3: today. So thank you, everybody. And there'll

[0:04:19] Voice 3: be a couple of staff members, Warren Dingman,

[0:04:21] Voice 3: by law enforcement, and

[0:04:23] Voice 3: David Marler,

[0:04:25] Voice 3: legislative services manager, will be coming

[0:04:27] Voice 3: in online. You won't be able to see

[0:04:29] Voice 3: them, but you'll be able to hear them through the

[0:04:31] Voice 3: audio system. And, of course,

[0:04:33] Voice 3: we'll be on the live stream if you want

[0:04:35] Voice 3: to check back on it later.

[0:04:38] Voice 3: That's clear.

[0:04:39] Voice 3: would like so with that said we've approved the agenda let's go to trustee reports and uh why

[0:04:45] Voice 3: don't we just start out at the far end there and we'll come back to you at the end to do your

[0:04:51] Voice 3: elective yeah thank you

[0:04:54] Trustee Stamford (probable): everyone um for islands trust uh it hasn't been as busy as it often is

[0:05:00] Trustee Stamford (probable): in the summers uh but i have been attending meetings i attended a eastbourne community

[0:05:06] Trustee Stamford (probable): association meeting uh agm uh about three weeks ago and really enjoyed the level of community

[0:05:15] Trustee Stamford (probable): that exists in the eastbourne area if you haven't been to that part of keats it's a very tight small

[0:05:23] Trustee Stamford (probable): lot community uh they had greek days when i was there and a lot of fire support work that they do

[0:05:32] Trustee Stamford (probable): it's it's a great little community but uh very active and uh loud because there's the lots are

[0:05:41] Trustee Stamford (probable): very tiny there but anyway it was a good experience um i also attended the gambier

[0:05:46] Trustee Stamford (probable): island community association meeting about a month ago uh the what i've noticed on gambier

[0:05:53] Trustee Stamford (probable): the biggest thing to date up until this morning definitely was concerns around fire um there's

[0:06:00] Trustee Stamford (probable): been issues on the health at bay area where the provincial park is um where there's been

[0:06:07] Trustee Stamford (probable): unauthorized uh beaches on the campfires on the beaches um so we're working with the province to

[0:06:15] Trustee Stamford (probable): see what we can do with that area so really it has been questions and concerns around fire um

[0:06:23] Trustee Stamford (probable): um and i i'm looking forward to following up you know at the end of september things really start

[0:06:30] Trustee Stamford (probable): to get moving with the islands trust again the trust council's and on the penders and we'll be

[0:06:36] Trustee Stamford (probable): looking at strategic planning which really helps us vision forward to uh for the other

[0:06:43] Trustee Stamford (probable): the local trustee lease as well so that i'll just leave it at that thank you i

[0:06:48] Voice 5: don't have uh

[0:06:50] Voice 5: really anything meaningful to add uh what kate has said you know we've got a lot to do today so

[0:06:56] Voice 5: i'll keep it brief i do have some comments uh regarding a matter of great interest to the

[0:07:03] Voice 5: people in keats and we didn't have a july 21st community information meeting about that and i'm

[0:07:08] Voice 5: referring to some proposed bylaws uh that are in the works over at our end over there in keats

[0:07:14] Voice 5: uh but those comments i'll reserve those uh for later when we uh receive the staff report on it

[0:07:19] Voice 5: and that's the time to chat about that stuff.

[0:07:24] Voice 11: That's it.

[0:07:25] Voice 3: Thanks, John.

[0:07:26] Voice 3: So yeah, chair of support,

[0:07:27] Voice 3: I don't have anything local to report on,

[0:07:31] Voice 3: but I will just give you a first impression

[0:07:34] Voice 3: in a while that I've been on Gambier

[0:07:36] Voice 3: and I've enjoyed coming over in the storm away

[0:07:39] Voice 1: and seeing the new Brighton dock,

[0:07:41] Voice 3: which I know is a great concern to many of you.

[0:07:43] Voice 3: Kate has been a real champion with trying to make sure

[0:07:46] Voice 3: that that continues to provide service to the island.

[0:07:48] Voice 3: it looks like a good dock clearly it's got some maintenance issues and stuff and actually there's

[0:07:53] Voice 3: more maintenance issues on the other side i think than there is on this side but anyway those are my

[0:07:59] Voice 3: observations but also i was i'm impressed with the fire prevention brigade brigade or whatever

[0:08:05] Voice 3: it is that you call it here with your little storage area here and the water supply you've got

[0:08:09] Voice 3: and thank thank those brave souls for being on call for looking after that those are the biggest

[0:08:15] Voice 3: it's common challenges we have throughout the Alstross area. I'm deputy chief on my fire

[0:08:19] Voice 3: department and we're lucky we've got a hall and we've got engines and we've got water supplies

[0:08:22] Voice 3: around the island. But we too are concerned about fire as everybody is. And so being vigilant is

[0:08:31] Voice 3: actually, I think, the key in all of this. I tell you, if there's something going on, you small smoke,

[0:08:37] Voice 3: figure out what it is, make or break the day. So we are getting ready for Trust Council at the end

[0:08:44] Voice 3: of September on North Penders, North and South Pender. And just prior to that is UBCM where

[0:08:50] Voice 3: the Alliance Trust attends to meet with ministers and other provincial and regional district

[0:08:56] Voice 3: elected and staff. And it's a good cooking pot of exchange and looking forward to that as well.

[0:09:04] Voice 3: But it's hard to imagine that I'm already talking about September, but here we are at the end of

[0:09:09] Voice 3: August. So that's all I have to say. I'm really grateful to be here. And so let's go to the

[0:09:14] Voice 3: Electoral Area Director, Kate

[0:09:15] Voice 3: Winnie-Snapper. Thank you.

[0:09:18] Trustee Stamford (probable): The Regional District has been

[0:09:19] Trustee Stamford (probable): more busy. How they

[0:09:21] Trustee Stamford (probable): structure their meetings

[0:09:24] Trustee Stamford (probable): is there's meetings all year and

[0:09:25] Trustee Stamford (probable): they try and leave August

[0:09:28] Trustee Stamford (probable): empty, but

[0:09:29] Trustee Stamford (probable): that's when you have your community events

[0:09:32] Trustee Stamford (probable): and you meet with your communities.

[0:09:34] Trustee Stamford (probable): So I haven't had any official meetings

[0:09:36] Trustee Stamford (probable): this month, but they jam

[0:09:38] Trustee Stamford (probable): it into July and they jam it into

[0:09:40] Trustee Stamford (probable): September. So the focus

[0:09:42] Trustee Stamford (probable): definitely with the Regional District

[0:09:43] Trustee Stamford (probable): Although it doesn't impact people on Ganyer so much, it has been water.

[0:09:49] Trustee Stamford (probable): It's an issue on Peens where there is a regional water system,

[0:09:53] Trustee Stamford (probable): but we're heading towards level four, which is extreme on the mainland.

[0:09:59] Trustee Stamford (probable): That impacts how everyone does business.

[0:10:03] Trustee Stamford (probable): It impacts farmers.

[0:10:05] Trustee Stamford (probable): They also are restricted in their water.

[0:10:07] Trustee Stamford (probable): It impacts industry like concrete, like the breweries.

[0:10:13] Trustee Stamford (probable): This is a serious business. So the whole structure of the regional district is moving towards how to better service a variety of water options for the mainland.

[0:10:26] Trustee Stamford (probable): And that's what we're working towards.

[0:10:28] Trustee Stamford (probable): It's one of the things we've been doing is developing a joint application to the federal government with the Sechelt Nation for reservoir above this district of Sechelt and possibly other large projects like that.

[0:10:44] Trustee Stamford (probable): So we'll be hearing more about that.

[0:10:46] Trustee Stamford (probable): Even though I do recognize for most of us here, it's about individual wells and making sure your aquifers are maintained.

[0:10:56] Trustee Stamford (probable): retained. Hopefully, as far as you get from the Islands Trust side, our next local trust

[0:11:02] Trustee Stamford (probable): community meeting will be getting some more data on the state of recharge aquifers on

[0:11:09] Trustee Stamford (probable): Gambier, Keats, and Bolton areas. We'll have some more detail for you to look at so you

[0:11:14] Trustee Stamford (probable): get a sense of that. Docks are an issue across the Sunshine Coast. Hawkins Landing, many

[0:11:24] Trustee Stamford (probable): of you know has been closed i i really pressed the board on how important hawkins landing is

[0:11:33] Trustee Stamford (probable): to islanders uh there's no date for opening but it is on the docket for there is a budget

[0:11:42] Trustee Stamford (probable): you may expect to see it fixed hopefully within a year which really gives you a sense of how long

[0:11:48] Trustee Stamford (probable): these projects can take with the engineering reports finding the right um work companies to

[0:11:56] Trustee Stamford (probable): to make this happen there's all of the same supply issues and employment issues that we're having

[0:12:03] Trustee Stamford (probable): other industries definitely in the marine engineering area as well so it is a big challenge

[0:12:09] Trustee Stamford (probable): which only made the situation in new brighton even more clear to me understanding that even

[0:12:17] Trustee Stamford (probable): if there is money even if there is a plan to fix it it can take a long time to actually get that

[0:12:23] Trustee Stamford (probable): first yeah so it's another reason i've been pushing to get that back on um it still seems to

[0:12:30] Trustee Stamford (probable): be waiting on the water license and to when that comes through from the province which seems to be

[0:12:37] Trustee Stamford (probable): a comment i hear a lot from all different levels this is the water lease and the results of that

[0:12:46] Trustee Stamford (probable): that decision i have no date on that i thought it was supposed to be last year but that's that's as

[0:12:53] Trustee Stamford (probable): far as it's at emergency service planning has obviously become an issue all across area f not

[0:13:01] Trustee Stamford (probable): just the islands but the mainland i've asked that specific areas in area f be brought forward as

[0:13:10] Trustee Stamford (probable): priorities, including the Berkham Guantanamo, which is very vulnerable in its high location,

[0:13:18] Trustee Stamford (probable): close to a lot of public access, and with only one way in, one way out. And I think you'll be

[0:13:25] Trustee Stamford (probable): getting a lot more information from me about this, but the bottom line is going to be

[0:13:30] Trustee Stamford (probable): individual responsibility. It really is the answer. We've seen that in several situations,

[0:13:36] Trustee Stamford (probable): provincially and globally that you need to be prepared the governments can only do so much

[0:13:44] Trustee Stamford (probable): for the preparation side it ends up being your individual situation but i will provide as much

[0:13:51] Trustee Stamford (probable): resources i can and finally just a an indication of like area f we're not trying to expand the fire

[0:14:00] Trustee Stamford (probable): service beyond the YMCA camp which is basically just across from New Brighton

[0:14:06] Trustee Stamford (probable): further towards Williamson's Landing and that will provide better service to them

[0:14:12] Trustee Stamford (probable): it's not an option that's provided to the islands unfortunately but it is

[0:14:17] Trustee Stamford (probable): something that those communities are looking at paying into and that they

[0:14:23] Trustee Stamford (probable): would get service from Gibson's fire service but that's not a for sure thing

[0:14:28] Trustee Stamford (probable): that's a process like everything else so i just thought those would be the things you'd be

[0:14:33] Trustee Stamford (probable): interested in from a regional desk thank you okay

[0:14:36] Voice 3: um so that's it for our reporting out um

[0:14:42] Voice 3: the agenda we don't have any delegations formal delegations today so we're going to go directly

[0:14:48] Voice 3: to public comment which is your opportunity to tell us um what's going on what you're thinking

[0:14:52] Voice 3: public comment is typically as a sort of a little bit of an ordering of things as a provide an opportunity to be to speak to issues that are items that are on our agenda today as a part of that we'll hear from you on that.

[0:15:07] Voice 3: And then, secondly, if there are other issues within the jurisdiction of the trust or other applications or permits that are in stream that are not on our agenda today, you can certainly provide us any thoughts you have.

[0:15:20] Voice 3: out. I'll just acknowledge there was a temporary use permit on today's agenda, which I think

[0:15:26] Voice 3: that many of you are here and have been in. Temporary use permits are an interesting tool

[0:15:31] Voice 3: available to local government that allows a use to be undertaken without rezoning the

[0:15:37] Voice 3: property. It always was traditionally an avenue towards rezoning to get a feel for whether

[0:15:43] Voice 3: or not that change is appropriate. So today's is a temporary use permit. The trouble or

[0:15:48] Voice 3: the benefit of a temporary use permit is it doesn't have the formal structure associated

[0:15:52] Voice 3: with resilience, which is community information meetings and public hearings and all those sorts

[0:15:57] Voice 3: of things. The notification for a temporary use permit is more directly aimed at immediately

[0:16:04] Voice 3: adjacent properties. And then more broadly in the community, you can get an idea of what's going on.

[0:16:09] Voice 3: And so during our public comment period here, ideally, we just want to hear, you've read the

[0:16:17] Voice 3: the temporary use permit you understand what it's about,

[0:16:19] Voice 3: and you just want to tell us what you're thinking there

[0:16:22] Voice 3: and raise any concerns you might have,

[0:16:23] Voice 3: it's critically important that you speak to the issues,

[0:16:26] Voice 3: not individuals and personalities,

[0:16:30] Voice 3: and be respectful of everybody in the room,

[0:16:33] Voice 3: friends and neighbors, people online, everything.

[0:16:36] Voice 3: And so we just keep that in that respectful fashion.

[0:16:40] Voice 3: And I'll ask those that do speak to keep your comments succinct,

[0:16:44] Voice 3: be a little bit more generous with those that are immediate neighbors to the property because

[0:16:49] Voice 3: the impact is more pertinent to you and um and so i don't think i have anything else to offer at

[0:16:55] Voice 3: this time unless staff have any advice but if there are some burning questions i suspect we

[0:17:00] Voice 3: might be able to answer those but we may not either that's not the intention to the public

[0:17:05] Voice 3: comment period to go into questions because it's not a community information piece so hopefully

[0:17:10] Voice 3: you read it through. And then the applicant is here. I think him is the name. Okay, great. So

[0:17:17] Voice 3: you will have an opportunity to speak when we get to that section on the agenda, section eight,

[0:17:23] Voice 3: and you'll have an opportunity to speak to the permit you're requesting. And this portion of

[0:17:29] Voice 3: the agenda is not an opportunity for a dialogue between the applicant and yourselves. It's for

[0:17:35] Voice 3: you to tell us what you think about the temporary use permit, because we're likely to make a

[0:17:39] Voice 3: decision with respect to this today. And we'll see what that decision looks like. I can't guess

[0:17:45] Voice 3: going in. But one of the knowledge we received a lot of correspondence, and we certainly are

[0:17:50] Voice 3: informed on what some of the points of view are. And we don't necessarily need to repeat the same

[0:17:56] Voice 3: message. So, you know, but you obviously want your opportunity to speak to your elected.

[0:18:01] Voice 3: So what I'll do is just maybe get a show of hands, initially, of those that are immediately

[0:18:07] Voice 3: immediately adjacent to the property you wish to speak. So one, two, three, four, five people here.

[0:18:12] Voice 3: So maybe I'll go with them first, if that's okay. And then we'll go to people more broadly and hear

[0:18:18] Voice 3: what you have to say. So I'm going to just make this really simple on me, mostly because I don't

[0:18:21] Voice 3: know many of you, but please introduce yourself and tell us where it is you live. And I'll stop

[0:18:25] Voice 3: at the far right-hand side and go across the room. Hey,

[0:18:28] Voice 15: my name is Nick Watson. I'm probably

[0:18:32] Voice 15: probably the person most affected by this living right on the easement that they're using to

[0:18:37] Voice 15: service it. It's been hell. It's been absolute hell. We've got so many people coming. I've had

[0:18:43] Voice 15: sewage ruined on my lane. The people are using the laneway as an ashtray because I figured they

[0:18:49] Voice 15: probably are not allowed to smoke on the resort, so I'm concerned about fire. I've been sworn at

[0:18:54] Voice 15: because my dog's barking at people. I've had people looking in my windows. I had somebody

[0:19:00] Voice 15: come and ask me where the cooler was he was on my property at this time um i think that uh temporary

[0:19:06] Voice 15: use is is the road to resigning and that's kind of the cameras but we're a little community where

[0:19:12] Voice 15: people still wave at each other you know and um i think that you guys have been gathered by promises

[0:19:19] Voice 15: and it's coming across to the neighbors and um uh holding your site um starting a bit nervous

[0:19:30] Voice 15: um uh the island structure is committed to acting in a non-discriminatory and reasonably prompt

[0:19:36] Voice 15: manner we will ensure decisions are lawful not negligent and for a proper purpose and conduct

[0:19:41] Voice 15: decision-making processes that are reasonably fair and prompt so uh i don't feel like you've

[0:19:47] Voice 15: been fair to the rest of the island at the expense of the applicants i feel um that we it's not been

[0:19:54] Voice 15: fair at all in fact and i don't think it's been prompt to allow them to operate all summer it's

[0:19:59] Voice 15: just absurd, I think. And I had one other thing that I wanted to do. Yeah, anyways,

[0:20:12] Voice 15: everything I've said, you've read in my letters, but it was, I'm strongly opposed to it.

[0:20:17] Voice 3: Okay, well,

[0:20:18] Voice 15: thank you very much.

[0:20:18] Voice 3: I appreciate your succinctness in your message. Thank you.

[0:20:23] Voice 3: Sir, your name, please.

[0:20:24] Voice 8: Yes, my name is Jim Quayle. And I live at 700 Andes Bay Road. We're the immediate neighbors

[0:20:29] Voice 8: alongside the property where this unlawful business has been underway for the better part

[0:20:34] Voice 8: of the year. In the 34 years we've been on Gambier, we've never seen the community as united

[0:20:39] Voice 8: on any issue as it is today in its opposition to this development. And the overwhelming sentiment

[0:20:45] Voice 8: is it's well past time for it to be shut down. People are appalled at the way the developers

[0:20:51] Voice 8: have used and exploited the grace and benefit of the doubt extended to them by the trust through

[0:20:56] Voice 8: all these months developers have never demonstrated good faith toward the neighbors the broader

[0:21:01] Voice 8: community or the trust and we're depending on you to protect us our community and our island

[0:21:08] Voice 8: the staff report lists four alternatives for the trust committee and we ask the committee to adopt

[0:21:14] Voice 8: alternative to proceed no further which reads the ltc may choose to proceed no further with

[0:21:20] Voice 8: the application based on considerations in this staff report this alternative is selected the

[0:21:26] Voice 8: LTC should state the reasons for denial. The record includes more than 60 submissions from

[0:21:31] Voice 8: the community based on considerations in, I'm sorry, the community that give you dozens of

[0:21:38] Voice 8: reasons to deny the application, and I suggest the reasons include the following. The infrastructures

[0:21:44] Voice 8: and services available in the community are insufficient to support the additional burden

[0:21:49] Voice 8: of the proposed commercial accommodation facility, including ferry transportation on and off the

[0:21:55] Voice 8: island waste disposal sewage disposal drinking water fire suppression and emergency medical

[0:22:01] Voice 8: assistance the proposed development does not offer compensating benefits to the community in return

[0:22:08] Voice 8: its impact is contrary to the special rule nature of gambier island it has attracted strong

[0:22:13] Voice 8: opposition from the neighbors and the island community the question before you is whether

[0:22:18] Voice 8: the proponent has demonstrated that they deserve the privilege of being exempted from the land use

[0:22:25] Voice 8: rules that apply to everyone else, which were put in place to protect Gambier, its natural

[0:22:30] Voice 8: environment, its community, and to preserve its unique rural character. I submit there are two

[0:22:35] Voice 8: parts to this question. First, does the development provide benefits that clearly outweigh the burdens

[0:22:42] Voice 8: that it imposes on us? Second, has the developer's course of conduct justified granting them the

[0:22:49] Voice 8: exemption? And here I'm not talking personalities, I'm talking about the way the business has been

[0:22:55] Voice 8: conducted i want to make it clear and we're all here to be polite and respectful the first issue

[0:23:01] Voice 8: the net balance of burden and benefit has been extensively addressed by the public comments

[0:23:05] Voice 8: you have received the community has identified the longest of reasons why they are opposed to

[0:23:10] Voice 8: the development and virtually none has identified any redeeming benefit the project has been

[0:23:16] Voice 8: operating parasitically on the goodwill and patience of the community for the better part

[0:23:20] Voice 8: part of a year now. And the proponents have taken no significant steps in all that time

[0:23:25] Voice 8: to mitigate the negative impacts. For example, even to the simple extent of putting up proper

[0:23:30] Voice 8: signage so their customers can find their way on the property. And that has happened to us

[0:23:36] Voice 8: on Saturday, finding people sitting on the gravel of the side of the road lost, trying to figure

[0:23:41] Voice 8: out where they're supposed to go. We all experienced this. People wandering onto their

[0:23:45] Voice 8: properties looking for the so-called resort all it takes is a sign they've been operating for the

[0:23:51] Voice 8: better part of a year without even a sign to

[0:23:53] Voice 11: tell people where to go the letter of intent promised

[0:24:05] Voice 8: to redirect customers to a route along island roadways here are pennies bay road and then

[0:24:11] Voice 8: there's a track along the back called majestically called bayview roads but it is a it is a drivable

[0:24:18] Voice 8: of that. Instead of cutting across a neighboring property on personal right-of-way within feet of

[0:24:25] Voice 8: Nick's deck, I will say. But they have not taken any steps to actually implement this in all the

[0:24:31] Voice 8: months of escalating operation. They still do not meet customers at the dock or maintain a

[0:24:37] Voice 8: consistent presence on the property while it is in use. They have not participated in the

[0:24:42] Voice 8: periodic training sessions organized by our volunteers that the chair spoke about earlier

[0:24:47] Voice 8: here today organized by our volunteers to help put out house fires on the island

[0:24:51] Voice 8: through this dangerously hot and dry summer they've not installed any fire suppression

[0:24:55] Voice 8: capacity if the activity on this site sets the woods ablaze our home will be among the

[0:25:01] Voice 8: first that will burn down we are puzzled by the report's suggestion that the developer has

[0:25:06] Voice 8: indicated a maximum load of 14 customers at a time this number is hardly comforting but we

[0:25:12] Voice 8: do not see that commitment anywhere in the application the original letter of intent

[0:25:17] Voice 8: said, we aim to bring in around 20 visitors per day,

[0:25:20] Voice 8: and this is in a proposed development at that time,

[0:25:23] Voice 8: to add 16 more four-person units to what was already in place, 20 visitors.

[0:25:29] Voice 8: This is nonsensical.

[0:25:31] Voice 11: It

[0:25:31] Voice 8: is a bit insulting that they would expect anyone to believe it.

[0:25:34] Voice 8: In reality, they've had at least 31 customers at a time

[0:25:37] Voice 8: with the present configuration.

[0:25:40] Voice 8: The amended letter says, page 50 of your agenda,

[0:25:43] Voice 8: we aim to bring in around 5 to 10 visitors per day.

[0:25:46] Voice 8: All of the neighbours have a hard time not finding this rather amusing.

[0:25:49] Voice 8: First, there is no commitment here to any hard cap on the total number of customers on site at any time, but only an aspiration.

[0:25:58] Voice 8: Second, we have seen the way that numbers have been thrown around all the while, intensifying promotional efforts on Instagram, Airbnb, VRBO and Expedia,

[0:26:07] Voice 8: hosting large numbers of customers while shielded by trust policy

[0:26:12] Voice 8: that has let them continue to operate illegally

[0:26:15] Voice 8: while this application has been pending.

[0:26:18] Voice 8: If you are considering permitting any level of commercial activity,

[0:26:21] Voice 8: we ask that you take them at their word

[0:26:23] Voice 8: and limit them to the range they have claimed to have in mind.

[0:26:27] Voice 8: They have said 5 to 10.

[0:26:28] Voice 8: We say if you grant a TUP, you should oppose a hard cap of 5 customers

[0:26:32] Voice 8: at any one time, a number that they claim they can live with

[0:26:36] Voice 8: or are they just saying whatever they think the trust wants to hear?

[0:26:39] Voice 8: The second issue, the course of conduct of the applicants, is important for two reasons.

[0:26:44] Voice 8: First, you should ask whether they have proceeded in sufficient good faith

[0:26:47] Voice 8: and with sufficient regard to neighbours and the trust

[0:26:50] Voice 8: who have earned the right to be exempted from the land use bylaw.

[0:26:55] Voice 8: Second, you should properly conclude from their conduct to date

[0:26:58] Voice 8: that the trust should not rely on their future conduct to stay within the rules

[0:27:03] Voice 8: as they grow their business,

[0:27:04] Voice 8: or that they are committed to transforming the business into a good neighbor.

[0:27:09] Voice 8: As for the course of conduct, the only reason they are not close to completion

[0:27:13] Voice 8: of a huge original escape development right now was a complaint to the Trust.

[0:27:18] Voice 8: The original letter of intent discloses that they planned on having

[0:27:22] Voice 8: the full-scale development completed by September.

[0:27:26] Voice 8: They proceeded by stealth without seeking permission from the Trust

[0:27:29] Voice 8: and only applied for a TUP when they were caught in the act.

[0:27:32] Voice 8: if you allow this to go further you should consider the signal that this conveys break the

[0:27:38] Voice 8: rules ignore the trust thumb your nose at the community and if you're lucky you will get a prize

[0:27:44] Voice 8: this has been a harrowing time for us I know that it has been a very very difficult time for the

[0:27:50] Voice 8: trustees my heart goes out to Kate who has been valiantly maintaining her uh her independence and

[0:27:56] Voice 8: so on while all of this has been going on around her and it must feel like a thankless job a lot

[0:28:01] Voice 8: the time but really we thank all of you really from the bottom of our hearts feelings are very

[0:28:06] Voice 8: intense on gambier it would not do the developer any favors in the long run to and now ask them

[0:28:12] Voice 8: to throw more good money after bad and commission a series of expensive studies before formally

[0:28:18] Voice 8: determining the fate of this ill-considered ill-designed incompetently executed venture

[0:28:25] Voice 8: hard words but in my submission accurate please reject the application here and now for our sake

[0:28:32] Voice 8: for the community's sake for the credibility of the trust and even ultimately for the proponents

[0:28:38] Voice 8: they can operate within the law like the rest of us the rules are there for good reason they

[0:28:44] Voice 8: should be enforced with no reward for breaking the law and most of my comments i have

[0:28:59] Trustee Stamford (probable): So thank

[0:29:01] Voice 3: you.

[0:29:03] Voice 3: Before I go to the next speaker, you know, public comment can be a slippery slope.

[0:29:10] Voice 3: So just say, I haven't heard anything that I find personally offensive.

[0:29:14] Voice 3: But depending upon whether you're the listener, the recipient of criticism, or otherwise, you may, you know.

[0:29:20] Voice 3: So let's just be cautious, I would say, about making assumptions about future behavior or opinions that others might have and sort of narrow that down to the issues at hand that we can determine concretely.

[0:29:36] Voice 3: Like I said, I haven't found anything offensive, just such a slippery slope sometimes, and I just get caught up and go, oh, how did we end up there?

[0:29:44] Voice 3: And so let's just continue

[0:29:45] Voice 10: on. Over to you.

[0:29:46] Voice 10: My name is Carmela Olivato. Can you hear me or should I stand?

[0:29:50] Voice 10: um so thank you for pointing that out um you know the comment about not making assumption

[0:29:58] Voice 10: about future conduct

[0:30:00] Voice 10: Well, unfortunately, we live it.

[0:30:04] Voice 10: And so the assumption that I made, because I also, you know, I'm Jim's partner, and our house would burn down.

[0:30:13] Voice 10: the assumption we made when the trust uh heard about the what was going on and came in and

[0:30:24] Voice 10: and gave them the opportunity to continue with their operation the operation contrary to the

[0:30:31] Voice 10: bylaw while they filed an application was that what would now happen would be a calming down of

[0:30:41] Voice 10: the situation instead what we saw is a ramping up of the marketing so i while i appreciate the

[0:30:49] Voice 10: comment you know you're you're what you're trying to tell us what you need to understand or what we

[0:30:54] Voice 10: hope you'll understand is that we have been living this for the past eight months and it's been it

[0:31:01] Voice 10: has not been easy so i am like the rest of the community i do not agree with the recommendation

[0:31:09] Voice 10: recommendation that's before you from the staff today. I completely appreciate that they are

[0:31:14] Voice 10: professionals, that

[0:31:15] Voice 10: they're giving you their best opinion based on their experience and expertise.

[0:31:21] Voice 10: But as Jim has pointed out, there are some, and as the community has pointed out, there's some

[0:31:28] Voice 10: fundamental flaws with what is being recommended to you. Because what I understand you're being

[0:31:34] Voice 10: asked to do is to give the applicants more time to provide you plans for septic water and waste

[0:31:45] Voice 10: and these are issues that in my respectful view should have been figured out before the project

[0:31:51] Voice 10: even began before they started clearing and adding all of that additional additional certain

[0:32:01] Voice 10: facilities. At the very latest, those should have been figured out and in place when they applied

[0:32:10] Voice 10: for this permit in April. And let's not be, you know, let's not kid ourselves. From the time that

[0:32:17] Voice 10: the trust heard about the process, which would be end of January, beginning of February,

[0:32:24] Voice 10: they had 90 days to put together their application and during those 90 days they they had

[0:32:32] Voice 10: communications with trust staff so they knew what was expected and I did the FOI so I've seen the

[0:32:40] Voice 10: the the the documents so it should not come to as a surprise to them that they needed to address

[0:32:48] Voice 10: these issues. And then even after that, these are issues that the community has been raising

[0:32:54] Voice 10: time and time again. So what I understand, as I said, is that they're going to be given more time

[0:33:04] Voice 10: to get their tackle in order. And in the meantime, and I would, you know, I want to be generous to

[0:33:12] Voice 10: to the trust, as a gesture to the community,

[0:33:17] Voice 10: the trust is going to ask them to comply with the current law.

[0:33:23] Voice 10: And then if they don't comply, staff is directed to take enforcement action.

[0:33:30] Voice 10: And that's good.

[0:33:31] Voice 10: That's something that should have happened at the beginning.

[0:33:35] Voice 10: I appreciate that you're changing the policy, which is great.

[0:33:39] Voice 10: And so hopefully in the future to other applicants, if other applicants come forward, we won't be in the same situation.

[0:33:47] Voice 10: However, the other point I want to make is that if you decide that the application will not go forward, as Jim has suggested, and as I believe, you know, I believe the community, I believe strongly the community wants to do, which is the application ends now.

[0:34:07] Voice 10: It stops now. My assumption is that the grace period they've had to operate illegally comes to an end, and they will be required to operate under the law.

[0:34:21] Voice 10: So what you should do is also add the second part of the recommendation that was put before you by staff and direct staff to inform the applicants that they must cease immediately operating outside of the law.

[0:34:43] Voice 10: And if they don't, then staff, you should direct staff to take the enforcement procedures.

[0:34:51] Voice 10: that were being recommended to you under option one i think that was the one they were recommending

[0:34:57] Voice 10: so you are not you're not without authority or power to deal with shut it down say no to the

[0:35:07] Voice 10: application and proceed to enforcement because my assumption is that when you're given these

[0:35:14] Voice 10: recommendations they're vetted legal and you have that authority um i want to uh make one last

[0:35:24] Voice 10: brief point and i think um it may already and i hesitate to do this because i don't want you to

[0:35:31] Voice 10: even consider allowing the application to go forward my my deeply held view is that you must

[0:35:39] Voice 10: stop it now put an end to all of this take us out of this misery but if you're going to somehow

[0:35:47] Voice 10: do that you should impose five at any one time but in addition 24 7 on-site supervision

[0:35:59] Voice 10: by persons trained in first aid because that's another issue you've heard from the community

[0:36:08] Voice 10: and i should tell you um a couple of weeks ago there was a baby crying in um and we could hear

[0:36:16] Voice 10: it and the people who were there had no idea there's no medical help here in on the island

[0:36:23] Voice 10: what if something had happened so there should be someone on site uh with um trained with first

[0:36:30] Voice 10: aid and fire suppression we can't stress enough the concern about fire uh the other point is that

[0:36:37] Voice 10: that customers should be redirected off neighbor's property.

[0:36:43] Voice 10: You know, that has not occurred and that's just not right.

[0:36:47] Voice 10: And that they construct perimeter facing, you know, fancy.

[0:36:51] Voice 10: We've had to put up signs on our trees

[0:36:55] Voice 10: right next to the property because we had people coming in

[0:36:58] Voice 10: and you've read in our letter

[0:37:01] Voice 10: that our woods are full of dead hemlocks.

[0:37:05] Voice 10: It's a tinderbox.

[0:37:07] Voice 10: So thank you for your patience, and we are looking forward to a fair decision, a decision that is fair to all of us.

[0:37:19] Voice 10: Thank you.

[0:37:29] Voice 11: My name is Irina Iguodas, and

[0:37:31] Trustee Stamford (probable): I live just beside Cameroon.

[0:37:34] Trustee Stamford (probable): I am the grantor of the easement that the Gambia Resort is using.

[0:37:41] Trustee Stamford (probable): Oh,

[0:37:42] Voice 3: excuse me. I was thinking of that.

[0:37:46] Voice 3: Actually, I need to address the local quality.

[0:37:49] Trustee Stamford (probable): Using as access and exit to and from their property.

[0:37:58] Trustee Stamford (probable): So it has been, it's going to be two years in the fall since the Gambia resort is in operation.

[0:38:07] Trustee Stamford (probable): and we feel like hostages of the whole enterprise.

[0:38:17] Trustee Stamford (probable): So I just compiled a little statistics so you can see the amount of people

[0:38:25] Trustee Stamford (probable): we have to deal with every day.

[0:38:27] Trustee Stamford (probable): So let's say there is five visitors at the resort

[0:38:35] Trustee Stamford (probable): and they do seven trips back and forth a day each of them they go from the ferry it's one

[0:38:45] Trustee Stamford (probable): trip then they go to the beach the second trip and from the beach park it's third trip

[0:38:54] Trustee Stamford (probable): then they go for a hike it's fourth trip then go back from the hike it's fifth trip and in the

[0:39:02] Trustee Stamford (probable): evening they go to see the sunset or they look for ATM machine or church.

[0:39:11] Trustee Stamford (probable): So during the weekends it's 70 trips beside Nick's property, beside my property. Nick's property is

[0:39:22] Trustee Stamford (probable): just 15 feet away from the from the easement. So let's say that this is the proposed number of

[0:39:34] Trustee Stamford (probable): of visitors, 14.

[0:39:40] Trustee Stamford (probable): During the weekend, two days,

[0:39:43] Trustee Stamford (probable): it would be 190 strips beside our properties.

[0:39:48] Trustee Stamford (probable): They look at our windows, they know it would be for lunch.

[0:39:52] Voice 11: And

[0:39:57] Trustee Stamford (probable): I'm not counting the employees

[0:40:00] Trustee Stamford (probable): and legal residents of the property.

[0:40:05] Trustee Stamford (probable): And I'm not counting the island residents

[0:40:09] Trustee Stamford (probable): who might go to the proposed store to buy a toothpaste or a cup of coffee.

[0:40:17] Trustee Stamford (probable): Now we had over 30 visitors once, maybe more times, I don't know.

[0:40:25] Trustee Stamford (probable): So it will be 420

[0:40:27] Voice 11: trips during the weekend.

[0:40:34] Voice 11: Thank you for your attention and good luck during

[0:40:38] Trustee Stamford (probable): your negotiations and decision making.

[0:40:41] Trustee Stamford (probable): him. I hope you're able to make that decision.

[0:40:44] Voice 11: Thank you for the presentation and the numbers.

[0:40:55] Voice 11: Your voice is on the wire and it's going to disconnect.

[0:41:02] Voice 3: I wondered what the sign language was. I was trying

[0:41:06] Voice 11: not to take offense.

[0:41:09] Voice 11: Everything's battery

[0:41:10] Voice 3: powered. Your default speaker has changed.

[0:41:21] Voice 11: Can you just check that streaming has audio?

[0:41:36] Voice 11: Understood.

[0:41:37] Voice 3: Thank you very much.

[0:41:38] Voice 3: So the final, I think, immediately adjacent property is, no, yourself. Go ahead. Yes.

[0:41:50] Voice 11: I want to say, for the

[0:41:57] Trustee Stamford (probable): whole area, it was like everyone down here was so beautiful.

[0:42:08] Voice 6: And now all the trees are trying so hard to make all the floors, all the

[0:42:21] Voice 6: areas are cut down.

[0:42:28] Voice 6: Right.

[0:42:29] Voice 3: So you're talking about the property that the TUP is on?

[0:42:32] Voice 6: Well, yeah, like on that.

[0:42:38] Voice 11: Right.

[0:42:38] Voice 11: Right.

[0:42:40] Voice 11: I'll wait for that.

[0:42:41] Voice 11: How many people are going to bring up

[0:42:41] Voice 6: with old rules, too

[0:42:43] Voice 6: bad, and so it's like so sad, right?

[0:42:47] Voice 6: So, a lot of it is going to be trying to tell

[0:42:52] Voice 6: what's going to happen, how long it's going to take

[0:42:53] Voice 6: for that people to force their rule back,

[0:42:56] Voice 6: their old rule, whatever we told them.

[0:42:58] Voice 6: So, we're just breaking the point about that,

[0:43:00] Voice 6: and it's very sad, and there's nothing we can do about that.

[0:43:03] Voice 6: And it's a massive area to walk out there

[0:43:05] Voice 6: with a bad history, right?

[0:43:06] Voice 6: And then, having

[0:43:10] Trustee Stamford (probable): a lot of islands,

[0:43:13] Trustee Stamford (probable): you know, not just reverting to the environment,

[0:43:18] Trustee Stamford (probable): are the peaceful peace department and also people

[0:43:21] Voice 6: that are coming to the

[0:43:22] Voice 6: island as visitors

[0:43:23] Voice 6: to take care of those environments but you know we're trying to come here and

[0:43:28] Voice 6: honor the land and you know it's um trying to be able to share that

[0:43:34] Voice 6: timing where they you know by clear cutting that area that you don't honor

[0:43:40] Voice 6: um around the people that live all the time here and all the time here but just

[0:43:55] Voice 6: land,

[0:43:58] Trustee Stamford (probable): we don't have a fire and don't know where they're going, they're watching on everybody's

[0:44:05] Trustee Stamford (probable): land,

[0:44:06] Voice 6: you know, and so it's like some islanders at home,

[0:44:12] Trustee Stamford (probable): we're worried about, you know, people

[0:44:14] Trustee Stamford (probable): are going to be broken into a couple of times, you know, and that's not even for that, but,

[0:44:17] Trustee Stamford (probable): you know so it's

[0:44:18] Voice 6: just that so kind of that and you can see on the infrastructure to have all

[0:44:25] Voice 6: and just that focus going down

[0:44:42] Voice 11: okay so thank you very much

[0:44:46] okay

[0:44:58] Voice 11: so in digging those lines

[0:45:13] Voice 11: business okay we're now

[0:45:18] Voice 11: back it was your point

[0:45:44] Voice 3: okay so thank you so i think we've heard the immediate uh

[0:45:50] Voice 3: sorry

[0:45:51] Trustee Stamford (probable): go ahead sir

[0:45:53] Voice 11: Oh, we

[0:45:54] Trustee Stamford (probable): are. My name is Terry Hall. My property is not as correctly protected by

[0:46:02] Voice 4: the other people who have spoken, but it does actually

[0:46:05] Voice 3: touch our property.

[0:46:07] Voice 3: Go ahead. You may as well start us off with those that have other things to share with us. So please go ahead.

[0:46:13] Voice 3: Yeah, I

[0:46:13] Voice 11: just wanted to mention

[0:46:14] Voice 3: a

[0:46:18] Voice 4: couple of things quickly.

[0:46:19] Voice 4: First of all, we are sort of more impacted because that's the only home we own.

[0:46:27] Trustee Stamford (probable): So if anything happens to that home, it's the home of us.

[0:46:30] Trustee Stamford (probable): So that's a big

[0:46:33] Voice 5: concern of us.

[0:46:33] Voice 5: The other concern was I was a little bit ignorant of the bylaws stuff.

[0:46:39] Voice 5: So, unless

[0:46:41] Trustee Stamford (probable): you can turn for the temporary use permit that exists in the form that it exists.

[0:46:50] Trustee Stamford (probable): So, I don't think it's fair to us on the island, I don't think it's fair to the Alkaloons.

[0:46:59] Trustee Stamford (probable): So, I

[0:47:00] Voice 5: was surprised by that.

[0:47:03] Voice 5: Just the fact that that's the only place we have before

[0:47:07] Voice 4: it makes it a little more...

[0:47:10] Voice 4: We don't have to deal with the kinds of things

[0:47:12] Voice 4: that the other people haven't brought up.

[0:47:16] Voice 5: Access doesn't affect us directly at all.

[0:47:20] Voice 5: We haven't had any...

[0:47:23] Voice 5: We haven't had the same sort of complaints

[0:47:26] Voice 5: other than the fact that they are all our neighbors

[0:47:28] Voice 5: and we're worried about them.

[0:47:31] Voice 5: And we don't want them to have to deal with that on their own.

[0:47:35] Voice 5: But that's the

[0:47:36] Voice 11: only comment I wanted to make.

[0:47:39] Voice 11: Okay. Thank you, sir.

[0:47:48] Voice 11: i'm told

[0:47:48] Trustee Stamford (probable): the video and audio is back yes my daughters are watching

[0:47:54] Voice 3: i pause a little bit you know because um one of the things that um i feel is my responsibility

[0:48:01] Voice 3: and i didn't address it at the beginning is that the meeting place this space be a safe place

[0:48:08] Voice 3: for all diversity of opinion.

[0:48:12] Voice 3: And generally, in a situation like that,

[0:48:16] Voice 3: if everybody applauds one point of view,

[0:48:20] Voice 3: it potentially has the intention

[0:48:23] Voice 3: of restricting those

[0:48:25] Voice 3: that may have a contrary point of view.

[0:48:27] Voice 3: So, you know, I just want to say that,

[0:48:31] Voice 3: that let's provide a safe place

[0:48:34] Voice 3: where everybody can speak,

[0:48:35] Voice 3: because there may be other points of view.

[0:48:37] Voice 3: and i think we should entertain that um so that said uh maybe just a show of hands give me an

[0:48:44] Voice 3: idea of how many other people would like to speak to us in the comments period this is your

[0:48:49] Voice 3: opportunity to speak about the tup or any other item and i'm recognizing two three other people

[0:48:54] Voice 3: so i'm just going

[0:48:55] Voice 1: to start at the

[0:48:56] Voice 3: opposite side of the room and go this way rather than going that

[0:49:03] Trustee Stamford (probable): I think what

[0:49:07] Voice 15: I want to convey to the trustees is, and Kate and I have talked about it a little bit,

[0:49:12] Voice 15: the whole policy and process that's led us to the

[0:49:15] Trustee Stamford (probable): application here and that is the temporary

[0:49:19] Trustee Stamford (probable): use permit and I see it as basically

[0:49:24] Voice 15: a de facto zoning change because it's three years

[0:49:28] Voice 15: long if it's granted and then it's renewable for three years that's six years and you yourself

[0:49:34] Voice 15: said that it's kind of like

[0:49:36] Voice 11: try

[0:49:37] Voice 15: something out and see how it fits kind of situation

[0:49:40] Voice 15: i think where the rub comes for me is the inference from the board trustees that

[0:49:48] Voice 15: they couldn't do anything to stop this before so for instance in the city if there was a

[0:49:54] Voice 15: vagrant land use infraction it would have been dealt with with bylaw enforcement right away

[0:50:02] Voice 15: immediately no further work would have happened and i watched my video the meeting i think was

[0:50:10] Voice 15: two months ago where your own bylaw enforcement said you trustees had the authority to stop this

[0:50:17] Voice 15: right away and

[0:50:18] Voice 11: i'm just wondering if that's true um not

[0:50:26] Voice 3: really maybe staff might be able to answer

[0:50:29] Voice 3: that better than i would but um typically policies in place allow if an individual and policy that

[0:50:38] Voice 3: we would have to overwrite policy right

[0:50:40] Trustee Stamford (probable): because i understand can

[0:50:42] Voice 3: continue if the application is

[0:50:44] Voice 3: going to fly in the order of something and we're

[0:50:48] Trustee Stamford (probable): going to address

[0:50:48] Voice 3: that a little later today here

[0:50:50] Voice 3: because it's up to individual local trust community communities to make those choices.

[0:50:53] Voice 3: Does staff have any further advice on that? So it's sort of a gray area, but it's a yes or no.

[0:50:58] Voice 3: We would have to go immediately and go and stop policy. Just carry on. But well, public health

[0:51:06] Voice 3: and safety should be done. Let's just say health and safety. A bylaw enforcement can act. Yes.

[0:51:16] Voice 3: Yes. I don't know how much would we know.

[0:51:19] Voice 3: Peter, is that?

[0:51:21] Voice 3: Because,

[0:51:22] Voice 15: like I said, your own bylaw enforcement manager said these fine people had the authority to deal with this way back when.

[0:51:32] Voice 15: And I'm just wondering if that was true.

[0:51:35] Voice 15: Do they have the authority based on, let's say, a health safety issue or environmental issue?

[0:51:41] Voice 15: Could have been.

[0:51:42] Voice 11: Yes.

[0:51:43] Voice 3: Okay. Thank you. That's what I'm looking at.

[0:51:44] Voice 3: And so, Joe, you would like to add anything?

[0:51:47] Voice 5: Yes, just briefly, in fairness to Peter, he's not from this area.

[0:51:56] Voice 5: He was elected in Venus.

[0:51:58] Voice 5: Right.

[0:51:58] Voice 5: And every local trust area has its own bylaws.

[0:52:03] Voice 5: So, no, Peter is not going to know what every bylaw in every local trust area said.

[0:52:11] Voice 5: uh and that's the way that just for your information that's how the island's trust

[0:52:15] Voice 5: is constructed uh there is no one-size-fits-all rule that applies to the whole trust here

[0:52:19] Voice 5: gap year has its own um uh official community plan uh it has its own bylaws and that's what

[0:52:27] Voice 5: we're working with and those are the circumstances thank you

[0:52:31] Voice 5: just so you know yeah thank you

[0:52:34] Voice 5: Thank you. So the next person.

[0:53:04] Voice 4: because you should talk to the ltc okay so home occupation is not a good point here

[0:53:09] Trustee Stamford (probable): this is not

[0:53:10] Voice 4: an application under home occupation that's why the tup is being applied under the tup um section

[0:53:16] Voice 4: 10 there's there's two areas of consideration one is public or public or private road building

[0:53:24] Voice 4: under 10a which is not what this is and b this isn't the gambier bylaws so you may be more

[0:53:33] Voice 4: familiar than yourself peter but it says for the benefit of the gambier island community

[0:53:39] Voice 4: so at this point it

[0:53:43] Voice 11: does

[0:53:44] Voice 4: not pass the bar on 10a because it's not a road so the question is even

[0:53:50] Voice 4: before it goes past the application stage does it pass the bar of 10b which is for the benefit

[0:53:57] Voice 4: of the gambier island community and i would say that consideration has to be looked upon from the

[0:54:05] Voice 4: input from the letters that have come in that aren't um that the argument was to write letters

[0:54:12] Voice 4: in support of or contrary to the applicant

[0:54:14] Voice 11: but

[0:54:16] Voice 4: that is that's the that's like the first bar to

[0:54:19] Voice 4: to pass for a tup does it meet paneo 10b

[0:54:23] Voice 11: to

[0:54:24] Voice 4: me everything else doesn't really matter right

[0:54:27] Voice 4: you know sewage is concerned everything else but does it pass that immediate bar

[0:54:33] Voice 4: and i think that's consideration for for us as residents who look at this as pros cons benefits

[0:54:40] Voice 4: costs risk reward um but as well for the trustees so that was more about the process

[0:54:47] Voice 4: My comments still stand that have already been submitted,

[0:54:50] Voice 4: but I just had that point slash comment

[0:54:53] Voice 4: about the process for TUP.

[0:54:55] Voice 4: Thank you.

[0:54:57] Voice 4: Thank you.

[0:54:59] Voice 3: I just might note that an applicant has the right

[0:55:03] Voice 3: to make an application for anything, understood.

[0:55:06] Voice 3: And staff can provide advice one way or the other,

[0:55:09] Voice 3: and maybe it's a hurdle that they think,

[0:55:12] Voice 3: they might think that it's going to be hard to jump over.

[0:55:15] Voice 3: work. The applicant still has a right to do that. And

[0:55:17] Voice 3: so that's why we're here. And so thank you for

[0:55:20] Voice 3: raising the point that is critical, actually, is that if the particular uses have not enabled

[0:55:25] Voice 3: the OCP to allow some kind of activity to happen, then that's not recommended to do an application

[0:55:31] Voice 3: to us. But here we are, and the applicant feels, perhaps, that it does meet that criteria, and

[0:55:37] Voice 3: that's for this body to decide. So really, thank you for that. But I just want to note something

[0:55:42] Voice 3: else that's interesting, TUPs only ever used to do a very limited narrow thing years ago,

[0:55:47] Voice 3: and it was about five years ago, the province decided to go, no, you can do anything.

[0:55:52] Voice 3: And some of our bylaws play that supporting role, haven't caught up to that activity. And so this

[0:56:00] Voice 3: is a result of that. And it's not meant to be an excuse for your information. Temporary use

[0:56:06] Voice 3: permits are a tool that the province has offered us to be able to, the public to be able to use.

[0:56:11] Voice 3: so I've got last right here

[0:56:13] Voice 3: and then I'll come back to you

[0:56:14] Voice 3: my

[0:56:15] Voice 14: name is Judy Weiser

[0:56:17] Voice 14: I'm going to be as brief as possible

[0:56:19] Voice 14: you have a long letter from me

[0:56:21] Voice 14: that came in at the very last minute

[0:56:23] Voice 14: organized by topic

[0:56:24] Voice 14: I'm not going to repeat those

[0:56:25] Voice 14: I am going to say

[0:56:28] Voice 14: there's someone who does not live there

[0:56:30] Voice 14: I'm still horrified

[0:56:32] Voice 14: at what is being promised

[0:56:34] Voice 14: by the applicants

[0:56:37] Voice 14: to satisfy your expectations

[0:56:39] Voice 14: and what is really going on

[0:56:41] Voice 14: you know they say five people ten people there's proof with videos and and the storm away uh ferry

[0:56:49] Voice 14: records that several times there's been 24 to 30 at one time i don't know i'm saying for how many

[0:56:56] Voice 14: days and how many it overlaps um that has been in the letters those people are hauling heavy duty

[0:57:05] Voice 14: stuff including a propane stove which the stormy isn't supposed to carry this is up to their

[0:57:10] Voice 14: their enforcers, their staff to make clearer. And

[0:57:14] Voice 14: we hear that they've now finally done a plan

[0:57:18] Voice 14: because there were complaints in April. And now they have a new plan that they're going to submit

[0:57:22] Voice 14: or have already submitted saying we're going to limit it to this and that. But it's pretty obvious

[0:57:27] Voice 14: to me. First of all, if this was, I'm upset because if this was happening next door to me,

[0:57:33] Voice 14: I would be furious. It's not. Why am I concerned? Because I love my neighbors.

[0:57:38] Voice 14: Okay. So if they're going to keep making false promises on paper, what appear to me to be false promises on paper, and getting away with doing whatever they want, which has been the pattern, it appears to me, all this time, A, how can you believe the latest plan that is being done to satisfy you folks?

[0:58:00] Voice 14: B, Darren Mulder, the health inspector, has already issued requirements to upgrade the sewage and water by the end of September or, and all of this is relevant to what you people decide to do with someone who isn't, who's advertising rental of watercraft, which is illegal,

[0:58:24] Voice 14: legal, who's advertising setting up a store when the last three attempts to have a store have failed

[0:58:29] Voice 14: because there's no way to get the stuff back and forth, making promises about how wonderful

[0:58:34] Voice 14: it might be, but it can't

[0:58:38] Trustee Stamford (probable): be. That was my statement. Okay, thank you. I think we've got one more person

[0:58:45] Trustee Stamford (probable): back here. Hi, my name is Sarah Hanna. I live in Kentucky, Harvard, and I just wanted to, as the

[0:58:53] Trustee Stamford (probable): the non-adjacent representative i'm pointing myself as a representative of the non-adjacent

[0:59:00] Trustee Stamford (probable): daughters or residents and just point out one more thing too as a consideration for you guys

[0:59:10] Trustee Stamford (probable): and it's that there's a concept in law about who is my neighbor and in a small community and this

[0:59:18] Trustee Stamford (probable): is a small community the census says normal 425 it might be a little bit bigger in the summer

[0:59:23] Trustee Stamford (probable): hard time but in a small community the neighborhood is all of us and we are all uniquely impacted by

[0:59:33] Trustee Stamford (probable): this development whether we're close enough to have our posts burned down if there's fire

[0:59:39] Trustee Stamford (probable): or we're just trying to get on and off the island because getting on and off the island is through

[0:59:46] Trustee Stamford (probable): the grace of the storm away which you came over on today and it's not a very big boat and it doesn't

[0:59:52] Trustee Stamford (probable): run very often and if you have 24 people coming on the boat or the resort

[1:00:00] Trustee Stamford (probable): as happened in the second weekend of August.

[1:00:05] Trustee Stamford (probable): Everybody else gets left behind

[1:00:07] Trustee Stamford (probable): and they don't necessarily have the ability

[1:00:11] Trustee Stamford (probable): to run and actually run.

[1:00:13] Trustee Stamford (probable): So you get left behind

[1:00:14] Trustee Stamford (probable): and can be standing there waiting for hours

[1:00:17] Trustee Stamford (probable): for the next vote.

[1:00:19] Trustee Stamford (probable): So I just want to point that out

[1:00:21] Trustee Stamford (probable): that we are all impacted

[1:00:23] Trustee Stamford (probable): and sadly, I'm sorry,

[1:00:27] Trustee Stamford (probable): but sadly in a negative way.

[1:00:30] Trustee Stamford (probable): Okay, thank you very much.

[1:00:33] Trustee Stamford (probable): Is there

[1:00:34] Trustee Stamford (probable): anybody on this side that I didn't pick up?

[1:00:36] Trustee Stamford (probable): Otherwise, I can take it.

[1:00:38] Trustee Stamford (probable): Can you speak

[1:00:39] Trustee Stamford (probable): on the email?

[1:00:40] Trustee Stamford (probable): Go ahead.

[1:00:41] Trustee Stamford (probable): So my name is Alex Filber.

[1:00:44] Trustee Stamford (probable): I'm from Shawan, and I'm not directly affected as a neighbor.

[1:00:49] Trustee Stamford (probable): There is a serious consideration, I think, that the Trust Committee is faced with here.

[1:00:57] Trustee Stamford (probable): And it's a broader teaching moment.

[1:01:01] Trustee Stamford (probable): The bylaws matter.

[1:01:04] Trustee Stamford (probable): or they don't.

[1:01:06] Trustee Stamford (probable): The way the bylaws are written

[1:01:08] Trustee Stamford (probable): and the regulations that are put forward in the bylaws

[1:01:12] Trustee Stamford (probable): matter or they don't.

[1:01:14] Trustee Stamford (probable): Whatever you decide here,

[1:01:17] Trustee Stamford (probable): you'll be teaching the community

[1:01:19] Voice 11: what

[1:01:20] Trustee Stamford (probable): you think about that.

[1:01:24] Trustee Stamford (probable): And, you know,

[1:01:26] Trustee Stamford (probable): the community plan is another topic

[1:01:32] Trustee Stamford (probable): that bears consideration.

[1:01:35] Trustee Stamford (probable): Does it matter?

[1:01:36] Trustee Stamford (probable): Does any

[1:01:37] Voice 15: future consideration matter, or is the trust committee's governance through violence?

[1:01:48] Voice 15: Is it all just a hoax?

[1:01:51] Voice 15: Oh, really?

[1:01:52] Voice 15: This is a teaching

[1:01:56] Trustee Stamford (probable): moment for you guys, period.

[1:01:58] Trustee Stamford (probable): Whatever you decide, you're teaching everybody what's

[1:02:02] Voice 3: going to happen next.

[1:02:03] Trustee Stamford (probable): Thank you.

[1:02:05] Voice 3: I see we're running a little over time.

[1:02:07] Voice 3: one more person in the back and then i think we'll move on

[1:02:10] Trustee Stamford (probable): it's very quick but my name is

[1:02:14] Trustee Stamford (probable): in a real estate on an island and so i do know that everyone buying the property

[1:02:23] Trustee Stamford (probable): is introduced to get rid of violence so everything will well no that's not like this

[1:02:30] Trustee Stamford (probable): I can ask Kate here who is also going to say that she communicates the bylaws and if she's asked

[1:02:37] Trustee Stamford (probable): questions can I put a year in my property and what we have to say is you know here are the bylaws,

[1:02:43] Trustee Stamford (probable): you make the choice. So this is a slap in the face to everyone who plays by the rules here

[1:02:50] Voice 15: and they knew it before they started

[1:02:52] Trustee Stamford (probable): doing it. When they

[1:02:54] Voice 3: get caught they go for application.

[1:02:55] Voice 3: patient it's like getting caught under influence by the cop

[1:02:59] Trustee Stamford (probable): and they pat you on the back and say

[1:03:01] Trustee Stamford (probable): well finish your you know run today and then come to the station and you can talk

[1:03:06] Trustee Stamford (probable): you know island trust really dropped the ball because the enforcement should have come first

[1:03:14] Trustee Stamford (probable): and we would not be in this situation right now if they would have stopped doing what they're doing

[1:03:19] Trustee Stamford (probable): follow the rules apply and so on and on top of that i don't see

[1:03:26] Trustee Stamford (probable): any zoning in existing zoning which would be applicable to that location the only one closed

[1:03:34] Trustee Stamford (probable): by would be s3 and that requires minimum of four hectares you do not have the assembly

[1:03:41] Trustee Stamford (probable): commercial zone for the store and so on so what's the point taking an application when you know you

[1:03:48] Trustee Stamford (probable): cannot comply with all of the requirements okay

[1:03:52] Voice 3: thank

[1:03:53] Voice 11: you sir so

[1:03:55] Voice 3: um let us continue then thank

[1:03:57] Voice 3: everybody for taking time out of your day to help us with this decision um i'm just gonna go uh

[1:04:04] Voice 3: i think we'll just follow through with the agenda as presented to us so this brings us to minutes

[1:04:10] Voice 3: of uh june the 20th for adoption are there any changes to those minutes

[1:04:21] Voice 11: just checking yeah no i don't have anything so okay so

[1:04:46] Voice 3: then i'll take it by general

[1:04:47] Voice 3: consent that the minutes of june 20th be adopted as presented thank you and the next item is a

[1:04:55] Voice 3: special meeting which was held on july 21st those minutes of that meeting and are there any changes

[1:05:01] Voice 3: to those no

[1:05:03] Trustee Stamford (probable): comments from you no

[1:05:04] Voice 3: i was fine with those ones then i will then take it by

[1:05:07] Voice 3: general consent that the meeting minutes of july 21st special uh meeting be adopted as presented

[1:05:13] Voice 3: representatives. In this minute section is the resolution of the meeting report dated August 22nd. That says for information on those resolutions of the meeting that were conducted. It's for the public's benefit. It's decisions that are made that are not held in public. And that's usually administrative.

[1:05:31] Voice 3: straight away so advisory planning commission minutes we don't have any today and um so this

[1:05:37] Voice 3: now will take us to section seven business following uh up from the minutes and uh we

[1:05:43] Voice 3: have a follow-up action list the list decisions have been made by the ltc and there

[1:05:48] Voice 3: is the august

[1:05:48] Voice 3: 22nd report i'll ask staff if there's any additions to that uh or changes to that since we received it

[1:05:54] Voice 3: all right so then i'll ask trustees if they have any questions for staff with respect to the

[1:05:59] Voice 3: follow-up yes okay okay go ahead i'm

[1:06:06] Trustee Stamford (probable): i'm just wondering for um activity for june 20th 23

[1:06:14] Trustee Stamford (probable): 3 and 4. um that's on page 23. um we've got planning staff to follow up with srd

[1:06:24] Trustee Stamford (probable): regarding the status of applying for the development permit for the the well

[1:06:30] Trustee Stamford (probable): um this will be coming to the ltc at some point is that correct um

[1:06:37] Planner (probable): as a in the form of a dp

[1:06:39] Planner (probable): um and

[1:06:43] Trustee Stamford (probable): then there was um i think this has taken on a life of its own a number before

[1:06:50] Trustee Stamford (probable): um clarity around the statement from the 14th minutes about um the road down to cotton bay

[1:07:00] Trustee Stamford (probable): um because we'd had a discussion about clarity on another part of that in the minutes but this

[1:07:10] Trustee Stamford (probable): seems to be a different question and i don't know where that came from so um i was not aware we were

[1:07:16] Trustee Stamford (probable): looking into whether or not that was going to be a usable surface but that it would be constructed

[1:07:22] Trustee Stamford (probable): so i'm confused as to where this came from

[1:07:26] Planner (probable): perhaps it's a misrepresentation then of what

[1:07:29] Planner (probable): it might be yeah so it was

[1:07:31] Trustee Stamford (probable): more about whether or not there was public access to that community dock

[1:07:35] Trustee Stamford (probable): that's being built in cotton bay and we got clarity from the developer that the community

[1:07:41] Trustee Stamford (probable): dock itself is not open to public access that is for the subdivision but that there would be a

[1:07:50] Trustee Stamford (probable): a road right-of-way cleared for access down to Clive.

[1:08:01] Trustee Stamford (probable): I think that was the intent of that comment.

[1:08:03] Trustee Stamford (probable): So I just want to clarify.

[1:08:06] Trustee Stamford (probable): It's not a big deal, but it could be a big deal

[1:08:08] Trustee Stamford (probable): if it continues to be unclear.

[1:08:12] Trustee Stamford (probable): So those are the only two comments I have on that.

[1:08:15] Trustee Stamford (probable): Thank you.

[1:08:16] Trustee Stamford (probable): Mayor Bernardo, do you have anything else?

[1:08:19] Voice 5: Well, I do have comments,

[1:08:21] Voice 5: but again, as I mentioned at the beginning,

[1:08:23] Voice 5: comments on the proposed bylaws and handling where I'm actually on the page, the follow-up

[1:08:28] Voice 5: action list, where that item is, is item 5 on page 23. It references proposed bylaws

[1:08:36] Voice 5: 153 and 154. I do have comments about that, but we have a staff report coming up on that. And

[1:08:43] Voice 5: again, I'm going to defer my comments to that point.

[1:08:47] Voice 3: Okay, very good. Thank you. So then that

[1:08:50] Voice 3: concludes the follow-up action list um David Marler is not available until 12 15 I think

[1:08:56] Voice 3: that's what I understood so we'll and so we are also at what was defined as a break and um just

[1:09:04] Voice 3: wondering from the trustee's perspective and your community's perspective as should we just continue

[1:09:09] Voice 3: on through the Warren Dingman will come uh online with us to do the uh policy options for bylaw

[1:09:16] Voice 3: enforcement and then perhaps by then uh it might be 12 15 and they might get uh david mauler on

[1:09:22] Voice 3: board and then maybe we would have a break uh and then

[1:09:26] Voice 3: continue with the dissent give us an

[1:09:27] Voice 3: opportunity to digest what we've heard today and then we can move into the temporary right okay

[1:09:33] Voice 3: excellent so then uh more uh there you are thank you very much and so i apologize

[1:09:42] Voice 3: you'll be able to hear him and he's our bylaw enforcement and compliance uh manager and item

[1:09:48] Voice 3: 7.3 warren policy options for bylaw enforcement compliance of unlawful uses i'll turn it over to

[1:09:54] Voice 3: you to provide your report morning

[1:09:57] Voice 2: chair morning trustees uh so they have a staff report before

[1:10:02] Voice 2: you regarding the policy options for bylaw enforcement uh compliance on unlawful uses

[1:10:07] Voice 2: The background on this is in the June Local Trust Committee meeting, there was a resolution adopted requesting that such a policy be brought before you, and with some of the specifics being around stop work options to come back at this future meeting.

[1:10:29] Voice 2: The report summary is that the recommendation is that enforcement continue whether unlawful land uses on property subject to complaint, even if an application has been made, unless the use ceases or an applicant has received permission from the local trust committee to continue operating.

[1:10:48] Voice 2: rating. This policy has been adopted on Salisbury, North Pender and Galliano and provides clear

[1:10:55] Voice 2: direction to staff and applicant on how these applications are to be processed and when not

[1:11:01] Voice 2: permitted uses can continue. You have a set of recommendations for you that are actually crafted

[1:11:10] Voice 2: by myself and regional planning manager Kojima who does the South Island regional planning.

[1:11:16] Voice 2: uh what these policies set out is it's it's clear direction that uh in the end if a owner operator

[1:11:27] Voice 2: of a property has some unlawful use on their property that they're going to try and legalize

[1:11:33] Voice 2: through some form of application uh they either must cease that use or they must present themselves

[1:11:39] Voice 2: to the local trust committee and make their case uh for community need and then the local trust

[1:11:46] Voice 2: committee would permit them to continue operating uh until they hear the application let the

[1:11:54] Voice 2: application process be completed or in the end they would say no and then uh they would have

[1:12:00] Voice 2: to cease the use and if they did not follow those conditions then enforcement would continue

[1:12:05] Voice 2: and they could be issued violation notices with penalties and in part b in the recommendation

[1:12:13] Voice 2: recommendation 1D. This is messaging to the applicants that there can be consequences

[1:12:21] Voice 2: if they don't suspend the prohibited land use pending a decision on application.

[1:12:28] Voice 2: So the LTC can take into account their actions and their consequences regarding unlawful land

[1:12:36] Voice 2: uses and any planning applications that they're prepared to submit to the local trust committee.

[1:12:41] Voice 2: so the and this policy came about after requests from other islands like salt spring and north

[1:12:52] Voice 2: pender when there were long-standing uh planning applications before the local trust committee

[1:12:57] Voice 2: and in fact there's really no movement on those applications property owners weren't complying

[1:13:04] Voice 2: and in the end those local trust committees said we have to make a decision here

[1:13:08] Voice 2: uh either the applicants are going to get permission from the local trust committee to

[1:13:14] Voice 2: continue and they're going to complete their applications or they must cease the use

[1:13:19] Voice 2: so this was the the solution and the policy that above already reference has been adopted by three

[1:13:24] Voice 2: different local trust committees and i believe it works to the desired effect in that you know

[1:13:32] Voice 2: those uh applicants uh who wish to you know present themselves to local trust committee do so

[1:13:39] Voice 2: they make their case and then the local trust committee exercises their authority

[1:13:44] Voice 2: on whether or not that use uh can cease will cease or whether the uh the use can continue

[1:13:51] Voice 2: while the planning application is being considered i think that provides the basics of the report

[1:14:02] Voice 2: and then I'll take any questions from the trustees

[1:14:05] Voice 2: if you have them.

[1:14:07] Voice 3: All right, thank you, Warren.

[1:14:08] Voice 3: And so there is a recommendation

[1:14:10] Voice 3: with a number of clauses associated with it

[1:14:14] Voice 3: for your consideration, trustees.

[1:14:16] Voice 3: And so do you have any questions for the by-law clerk?

[1:14:18] Voice 3: How would you like to proceed?

[1:14:19] Voice 3: I have

[1:14:21] Trustee Stamford (probable): a couple of questions for clarity, Warren.

[1:14:26] Trustee Stamford (probable): I mean, overall, I think this does fill a need

[1:14:31] Trustee Stamford (probable): that we obviously have in the local trust area

[1:14:35] Trustee Stamford (probable): that we didn't feel like we had the correct tools earlier.

[1:14:40] Trustee Stamford (probable): One of the questions I have, though,

[1:14:42] Trustee Stamford (probable): because it is actually a more common issue,

[1:14:44] Trustee Stamford (probable): is how does this impact DPAs?

[1:14:47] Trustee Stamford (probable): So we have a number of scenarios where land is being cleared

[1:14:52] Trustee Stamford (probable): that is within a DPA.

[1:14:55] Trustee Stamford (probable): And by the time enforcement comes through

[1:14:58] Trustee Stamford (probable): and um and anything is is moved forward through an application um the land's already cleared the

[1:15:07] Trustee Stamford (probable): the sensitive ecosystem is gone so i'm wondering can this be applied as well to that so with so

[1:15:14] Voice 2: this refers to land uses and development in a development permit area isn't necessarily a land

[1:15:19] Voice 2: use so if there is a threat to the environment the most common uh step is to say is to make the

[1:15:27] Voice 2: immediate demand that you cease it doesn't always work but uh we do make the demand that the work

[1:15:34] Voice 2: cease until the permits are in place so before

[1:15:38] Trustee Stamford (probable): you have that to be clear we are that's something

[1:15:42] Trustee Stamford (probable): we already do yes

[1:15:44] Voice 2: we do that already right now unfortunately we can't issue tickets for dpa

[1:15:50] Voice 2: contraventions that's something we're still trying to work on with the provincial government so that

[1:15:54] Voice 2: that we can do that so the option is to as fast as possible if necessary present a request for

[1:16:01] Voice 2: legal action to the local trust committee to stop some type of unlawful development at a dpa

[1:16:06] Voice 2: but the practice now is to say yes this is this must stop you don't have a permit you're doing

[1:16:12] Voice 2: environmental damage

[1:16:14] Trustee Stamford (probable): yeah

[1:16:18] Voice 5: i think this is a step in the right direction one thing we've discovered

[1:16:22] Voice 5: coverage that in our bylaws that there's uh there's an operational gap in our process uh

[1:16:30] Voice 5: so I understand the idea and I I think that we are you know it makes sense to try to fill that

[1:16:36] Voice 5: gap but I do have some reservations about the mechanics that are contemplated by this uh and

[1:16:42] Voice 5: uh I'm going to go on a little bit here but I'd like a staff's feedback on what I'm about to say

[1:16:48] Voice 5: here the suggestion here as i understand it is that the lpc would if asked and only if asked

[1:16:56] Voice 5: by an applicant would make an interim ruling on um on continuing non-compliant use uh pending a

[1:17:04] Voice 5: consideration and final decision on an application so as i understand the mechanism uh an infraction

[1:17:13] Voice 5: was discovered it's then on the resident to make an application if they want enforcement to cease

[1:17:23] Voice 5: for a period of time and then the lgc would make an improvement pending a final decision

[1:17:29] Voice 5: on the application uh i just asked warren here have i got that right can

[1:17:36] Voice 2: you say that one more

[1:17:37] Voice 2: more time all right

[1:17:41] Voice 5: my understanding is uh if there's an infraction the default position is

[1:17:50] Voice 5: it has to stop no continuing activity but

[1:17:54] Voice 2: so just i'll answer that for so yeah if this policy is

[1:17:58] Voice 2: adopted yes that's the default position you must stop or there will be enforcement unless you go

[1:18:06] Voice 2: to the local trust committee to ask permission to continue and

[1:18:09] Voice 5: in that process the asking unlike now

[1:18:12] Voice 5: we're asking the permission uh kicks off a grace period the making of the application under this

[1:18:19] Voice 5: policy wouldn't contemplate a grace period is actually throwing the question directly

[1:18:24] Voice 5: into the lap of the ltc to make an interim ruling pending decision on the final application an

[1:18:31] Voice 5: interim ruling to say whether or not the continuing infraction should be permitted or not

[1:18:37] Voice 5: have i got that right there's

[1:18:39] Voice 2: no grace period with this once you adopt this policy if they

[1:18:43] Voice 2: have an

[1:18:44] Voice 2: unlawful land use they will be enforced upon and that enforcement will continue unless

[1:18:50] Voice 5: they make an application and unless the lpc grants no no no

[1:18:55] Voice 2: they they have to cease the use

[1:19:00] Voice 2: unless they come before the local trust committee and ask for your permission sir they must present

[1:19:06] Voice 2: themselves to you either in writing or in person and say i wish to continue this unlawful land use

[1:19:13] Voice 2: if they do not do that we will continue enforcing on them until such time either that they ask for

[1:19:21] Voice 2: that continuance from you or they get their application approved so they could face multiple

[1:19:28] Voice 2: Okay,

[1:19:30] Voice 5: but what I'm trying to clarify here, Warren, is in that process that you're describing, the way I've read it, it's like when I read paragraph B, it sounds to me, the way I read it is that the local press committee, if a person makes an application,

[1:19:46] Voice 3: the

[1:19:47] Voice 5: press committee then has to decide whether or not it's going to grant some kind of grace period.

[1:19:54] Voice 2: So when you're saying application, what are you referencing?

[1:19:59] Voice 5: Well, that's a good question. I'm referencing your memo. Let's go through that paragraph

[1:20:03] Voice 5: B. It says the applicant may request that the local trust committee proceed with consideration

[1:20:07] Voice 5: of the application while the use is continuing. I read that as like an applicant can ask

[1:20:13] Voice 5: permission to file and proceed with an application and continue with the non-compliant use.

[1:20:22] Voice 2: Yes, they can.

[1:20:23] Voice 2: so

[1:20:24] Voice 5: to right so the question there then is and that's pending a final decision on an application

[1:20:31] Voice 5: is that right yes

[1:20:35] Voice 2: if they establish the community need and the ltc says you've established the

[1:20:40] Voice 2: community need then they can proceed with the unlawful land use while their tup application

[1:20:47] Voice 2: as an example is being considered all

[1:20:50] Voice 5: right well that gets to the heart of my concern here which is

[1:20:53] Voice 5: first of all this interim ruling depends on whatever community need is i don't know what

[1:20:58] Voice 5: that means uh and i'm concerned about uh first of all that's just ambiguous to me because i don't

[1:21:06] Voice 5: understand it but more to the point i'm concerned about the ltc being asked to make an interim

[1:21:12] Voice 5: ruling uh that arguably anticipates the merit of an application before we've actually received the

[1:21:18] Voice 5: staff report on it we're kind of in a situation like this when you're being asked to make an

[1:21:24] Voice 5: interim ruling based on this memo the local trust committee would be basically flying blind in terms

[1:21:31] Voice 5: of the available evidence it would be we would have what the representations of the applicant

[1:21:36] Voice 5: that continuing use is fine what else are we hearing from staff about whether that interim

[1:21:43] Voice 5: from grace should be granted or not.

[1:21:46] Voice 5: I also don't understand what paragraph B says.

[1:21:49] Voice 5: It says the LTC may consider

[1:21:54] Voice 5: whether the applicant has suspended

[1:21:56] Voice 5: the prohibited land use pending a decision.

[1:21:58] Voice 5: Like that's very vague.

[1:22:00] Voice 5: I mean, if the policy means

[1:22:05] Voice 5: that the LTC may view continuing use negatively

[1:22:09] Voice 5: and draw adverse inferences from that,

[1:22:13] Voice 5: i think we should just say so like when you say just may consider i mean it i'm sorry but i don't

[1:22:19] Voice 5: know what it means it's like it's kind of is it up is it down which how does it go and i think if we

[1:22:27] Voice 5: did proceed with something like this we we need to be clearer about that so that people know exactly

[1:22:32] Voice 5: what they're facing if it turns out that you were found in violation and you continued and you made

[1:22:39] Voice 5: an application but the the use was still prohibited and you still kept going well what does

[1:22:46] Voice 5: consider you know if if by consider we mean there may be negative consequences for doing that then

[1:22:51] Voice 5: i think we should say that and i i also have a a concern here that um the reason we've had this

[1:22:58] Voice 5: grace period in this bylaw and other bylaws is uh not to uh create two owners of situation

[1:23:06] Voice 5: in most of these infraction situations.

[1:23:12] Voice 5: And I'm thinking, I like the direction this is going,

[1:23:19] Voice 5: but I'm thinking we need a mechanism that's a little clearer

[1:23:21] Voice 5: and frankly more prescriptive that gives bylaw enforcement

[1:23:25] Voice 5: real clear direction and also the public.

[1:23:28] Voice 5: And I'm thinking, and I confess I haven't thought it through

[1:23:32] Voice 5: in great detail, but I'm thinking we could keep

[1:23:34] Voice 5: the current grace period uh on enforcement for people who uh apply for any sort of variance or

[1:23:42] Voice 5: any certain purpose except uh that the bylaw be amended to specify the grace period does not apply

[1:23:52] Voice 5: to continuing active non-compliance again let me explain this distinction i'm drawing i'm drawing

[1:23:58] Voice 5: a distinction between non-compliant activities that uh carry with them the positive possibility

[1:24:04] Voice 5: possibility of aggravating the harm the bylaws intended to prevent and those that don't but give

[1:24:10] Voice 5: you an example i mean there's no problem in granting a grace period suspending enforcement

[1:24:15] Voice 5: action for example for 90 days or whatever against a person who's already say built a tool shed

[1:24:22] Voice 5: someplace that they weren't supposed to well we don't and that person if that person is going to

[1:24:29] Voice 5: make an application there's no reason why that person with that tool shed ought to have to make

[1:24:35] Voice 5: a sort of in a sense a secondary application in order i mean the way i'm reading this bylaw is

[1:24:42] Voice 5: that person is going to be under pressure to take that thing down and is in continuing violation

[1:24:47] Voice 5: even while they have their application pending before the ltc so

[1:24:52] Voice 2: chair so through the chair

[1:24:53] Voice 2: this wouldn't apply to a dvp permit yeah that's not

[1:24:57] Voice 2: a land use yeah

[1:24:59] Voice 5: oh okay and all right well

[1:25:05] Voice 5: thank you for that my concern here is i don't want um we don't want situations where people are

[1:25:12] Voice 5: doing continuing active uh misconduct if we're going to put it that way versus those who just

[1:25:19] Voice 5: have a problem they've got to bring to the lpc for correction and i'm wondering if we could uh

[1:25:27] Voice 5: make it easier for most you know most residents who who have a land use that it's more or less

[1:25:32] Voice 5: harmless to give them that grace period which is why it exists in the first place

[1:25:36] Voice 5: it's it's kind of like i don't want to throw out the baby of the bath water type situation

[1:25:39] Voice 5: and i'm thinking active aggravating continuing non-compliance if we could simply change the

[1:25:47] Voice 5: bylaw to say that there's no grace period for that there's only for you know the other type

[1:25:52] Voice 5: of example it's giving but those are my thoughts on that i

[1:25:58] Trustee Stamford (probable): find that the approach that you're

[1:26:01] Trustee Stamford (probable): considering makes it more confusing but i think by maintaining uh be the way it's written

[1:26:08] Trustee Stamford (probable): is we are looking at um uses not locations only it's it's uses and that those uses generally

[1:26:18] Trustee Stamford (probable): come to us through a complaint anyway and that complaint means something's not working the

[1:26:25] Trustee Stamford (probable): community or the neighbors haven't been able to work this out so there's an issue so rather than

[1:26:31] Trustee Stamford (probable): having the onus on um us proving that it should be shut down it's the other way around that there's

[1:26:40] Trustee Stamford (probable): already a problem i'd like to see it shut down until then we can demonstrate and we can see

[1:26:46] Trustee Stamford (probable): that there is an initial reason for it to be uh opened up temporarily until a permanent solution

[1:26:55] Trustee Stamford (probable): can be found but that that option comes to us first rather than the other way around that's

[1:27:02] Trustee Stamford (probable): how i'm reading this and it's not for things like setbacks it's for uh uses so it's active

[1:27:09] Trustee Stamford (probable): to it's for instance like a um a sawmill you know so things like that where the use is causing

[1:27:17] Trustee Stamford (probable): concern in the community and then the community has the option to say okay yeah we can keep this

[1:27:22] Trustee Stamford (probable): going for a little bit longer is it that bad until permanent solution is found or no this this is a

[1:27:28] Trustee Stamford (probable): problem and i'd rather see it shut down first given the experiences that we've been having

[1:27:34] Trustee Stamford (probable): and that it then comes to us for that further option and it just flips the decision around

[1:27:41] Trustee Stamford (probable): and i just find this far more clear than what where we're sitting right now all right well

[1:27:46] Voice 5: that's helpful but how do we how do we clarify you know what's being discussed and again i'm

[1:27:51] Voice 5: talking about the mechanics here but when we look at paragraph b here about the determination

[1:27:57] Voice 5: in a scenario where the local trust committee is being asked basically to permit on an interim

[1:28:02] Voice 5: basis the prohibitive use to continue that turns on a determination that does a community need

[1:28:10] Voice 5: potentially where on what basis are we relying on is there going to be you know we're going to get

[1:28:16] Voice 5: evidence and submissions from the applicant but would we also be getting submissions from staff

[1:28:23] Voice 5: that would address the application that interim application not the final application but the

[1:28:28] Voice 5: interim one to to allow the prohibited use to continue while the application is in process

[1:28:32] Voice 5: this it seems to me we i would like to see some assurance that the ltc will not be flying blind

[1:28:39] Voice 5: with that that will actually be getting submissions from staff that address the question of community

[1:28:43] Voice 5: so

[1:28:44] Voice 2: through the chair it's really up to the local trust committee on what they want to receive

[1:28:49] Voice 2: they can request any receive receive any information they want they can ask staff to

[1:28:54] Voice 2: attend provide evidence from bylaw staff advice from planning staff they can ask the applicants

[1:29:01] Voice 2: for whatever information they feel they need to make that decision and

[1:29:06] Trustee Stamford (probable): also we can ask community

[1:29:08] Trustee Stamford (probable): input and this is where our expertise as members of our community is part of the process so we

[1:29:15] Trustee Stamford (probable): have a better sense and we bring that aspect to what is needed so

[1:29:21] Voice 5: is the idea of the local trust

[1:29:23] Voice 5: community is asked is being asked for one of these interim rulings that at that point the

[1:29:28] Voice 5: local project committee will have to decide in those specific circumstances what kind of

[1:29:33] Voice 5: information it wants and they will have to convey that to staff and that's not necessarily something

[1:29:42] Voice 5: that we would work into the policy i

[1:29:45] Trustee Stamford (probable): i don't see it happening in a very specific prescribed

[1:29:49] Trustee Stamford (probable): way because we're not sure what we're going to see the way it would for instance temporary use

[1:29:56] Trustee Stamford (probable): permits. This is new for our area.

[1:30:00] Trustee Stamford (probable): how it would convey itself so fair

[1:30:03] Voice 5: enough okay well thank you for clarifying all that so maybe

[1:30:06] Voice 3: i'll chime in here as well i think that you know i think the first point you've raised actually

[1:30:12] Voice 3: about feathering our discussion discussion with the ultimate application that might come forward

[1:30:16] Voice 3: is problematic we have to be cognizant of that i think but the community need piece of it i bet

[1:30:23] Voice 3: when i was the chair on sulking island we actually had this mechanism in place if i'm not mistaken

[1:30:29] Voice 3: can work and indeed we struggled with community need and the one application that i remember

[1:30:34] Voice 3: remember particularly was a contractor that had a bunch of machinery and equipment

[1:30:38] Voice 3: on his property store which was not uh compliant with the residential use of the property

[1:30:45] Voice 3: and he was applying for some rezoning or permit or something and and that was in process but

[1:30:52] Voice 3: indeed that person argued that there was a community i'm a builder on the end there's a

[1:30:57] Voice 3: a need for people to build. And the only way I can store the equipment to provide the building,

[1:31:02] Voice 3: and he was a significant contractor, had a significant community interest contracts.

[1:31:06] Voice 3: But that question and the definition of the community was really challenging. And I don't

[1:31:12] Voice 3: even remember, I think we ended up permitting that, but I don't remember for sure. But the

[1:31:18] Voice 3: other side of the coin is he defined that community need, then you end up in a conundrum

[1:31:22] Voice 3: where you've restricted more things than you want to allow and the intention is to provide that local

[1:31:27] Voice 3: flexibility with the trustees to make that decision based upon community feedback yeah i

[1:31:33] Voice 3: think it's a

[1:31:34] Voice 3: good bylaw it's a good tool and just remember that we can amend this tool if we find it's not

[1:31:41] Trustee Stamford (probable): it's certainly it's better than what we have right now

[1:31:44] Voice 3: this is to fix the situation

[1:31:47] Trustee Stamford (probable): So I would, if it's okay with you, I'd like to move the recommendation as presented.

[1:31:55] Trustee Stamford (probable): Number one, that the Gambier Island Local Trust Committee adopt the following policy on unlawful land uses and finding applications.

[1:32:03] Trustee Stamford (probable): Do I have to read that?

[1:32:04] Voice 3: Yeah, well, it's a public benefit to me.

[1:32:07] Voice 3: a

[1:32:07] Trustee Stamford (probable): where an application received and a use is continuing contravention of a land use bylaw

[1:32:13] Trustee Stamford (probable): staff are directed to request that the applicant cease the use prior to processing the application

[1:32:17] Trustee Stamford (probable): and staff are directed to continue with enforcement until the use is ceased b the applicant may

[1:32:23] Trustee Stamford (probable): request that the local trust committee proceed with consideration of the application while the

[1:32:27] Trustee Stamford (probable): use is continuing and where the local trust committee considers there is a community need

[1:32:32] Trustee Stamford (probable): to process the application while the prohibited use

[1:32:35] Trustee Stamford (probable): is continuing, the local trust community may direct

[1:32:37] Trustee Stamford (probable): the bylaw enforcement actions, including the issuing

[1:32:40] Trustee Stamford (probable): of notices cease.

[1:32:42] Trustee Stamford (probable): C, where the local trust community does not consider

[1:32:44] Trustee Stamford (probable): there is a community need or the applicant has not made

[1:32:47] Trustee Stamford (probable): such a request, the local trust community bylaw enforcement

[1:32:50] Trustee Stamford (probable): actions, including the issuing of notices, will continue.

[1:32:54] Trustee Stamford (probable): And D, in deciding whether to grant land use approval

[1:32:57] Trustee Stamford (probable): for use that was commenced in the land use bylaw,

[1:33:01] Trustee Stamford (probable): the local trust committee may consider when the applicant has suspended the right of land use

[1:33:06] Trustee Stamford (probable): pending a decision on the application.

[1:33:10] Trustee Stamford (probable): Thank you very much.

[1:33:12] Voice 3: Do you have a second?

[1:33:12] Voice 3: I'll second.

[1:33:13] Voice 5: Do you have a second?

[1:33:14] Voice 3: Is

[1:33:14] Voice 5: there any further discussion?

[1:33:16] Voice 5: Well, I'm just going to return to the point I made before about paragraph D.

[1:33:24] Voice 5: Do we have, you know, I mentioned before I've got some reservation about what the

[1:33:31] Voice 5: may consider me are we trying to say with may consider that the lpc may draw adverse inferences

[1:33:39] Voice 5: from continuing on compliance based

[1:33:42] Trustee Stamford (probable): on our expertise yes shouldn't

[1:33:44] Voice 11: we just say that

[1:33:47] Trustee Stamford (probable): i don't know well

[1:33:48] Voice 11: i think in may consider it's broad i think

[1:33:53] Trustee Stamford (probable): that's what you're saying

[1:33:54] Trustee Stamford (probable): i

[1:33:55] Voice 5: like broad i like i like sending the signal that people are non-compliant

[1:34:02] Voice 5: non-compliant to better stop because if they keep doing it while their application is underway

[1:34:07] Voice 5: we won't be happy you know instead we're kind of dancing around the point here

[1:34:12] Voice 5: you know uh i'm thinking about offering an amendment to that but you know it's your right

[1:34:27] Voice 3: if you

[1:34:28] Voice 10: want to see raised hands yeah

[1:34:30] Voice 3: so let's just see what bylaw would say about how this

[1:34:33] Voice 3: would actually roll out because clearly uh something's going on this complaint somebody's

[1:34:39] Voice 3: applied for an application to reach compliance um then they've said oh we want to continue what

[1:34:45] Voice 3: we're doing so they come back to the LTC and said we want to continue what we're doing um

[1:34:50] Voice 3: and then that's just and so in that process staff I'm sure communicating the seriousness of the

[1:34:57] Voice 3: events that unfold and that they are being advised that they need to come that yes or no

[1:35:04] Voice 3: the use is continuing or not and that you need to proceed with your application accordingly

[1:35:08] Voice 3: and so i'm assuming that the seriousness of that is implicit and so don't mess with us

[1:35:18] Voice 3: right i think really because it does does kind of say that that we will include

[1:35:22] Voice 3: and continuing the issuing notices will continue.

[1:35:25] Voice 5: Well, I'm showing my bias in favor of more direct language,

[1:35:30] Voice 5: which is, you know, but well,

[1:35:33] Voice 5: let's hear from Warren about that.

[1:35:35] Voice 5: What could be heard, you know,

[1:35:37] Voice 2: other

[1:35:37] Voice 5: areas have a similar bylaw, this language.

[1:35:43] Voice 5: So Warren.

[1:35:44] Voice 2: So that specific issue hasn't arisen yet,

[1:35:48] Voice 2: but I would caution that the local trust committee

[1:35:52] Voice 2: must be reasonable or appear to be reasonable in their decisions if you make it too prescriptive

[1:35:58] Voice 2: and you lay this out so no we are going to have some punitive measure and it may affect your

[1:36:05] Voice 2: application before you've completely considered the application then perhaps that could be

[1:36:10] Voice 2: considered unreasonable and then someone seeks a judicial review and they say my lord the LTC was

[1:36:19] Voice 2: was unreasonable here when they made this too prescriptive and laid down punishment before I

[1:36:25] Voice 2: was given an opportunity to have my application fully considered well

[1:36:30] Voice 5: we could quibble about

[1:36:31] Voice 5: about administrative law but let's not let's not okay

[1:36:36] Voice 3: so I'm not hearing any amendments at this

[1:36:39] Voice 3: juncture so then if there's no further discussion I'll call the vote all those in favor

[1:36:46] Voice 3: so thank you warren for bringing this to us today it is definitely helpful and we'll see how it

[1:36:52] Voice 3: unfolds

[1:36:53] Voice 5: you're welcome chair um

[1:36:56] Voice 3: i think that concludes your uh participation in our meeting

[1:37:00] Voice 3: today thank you so i think we committed that we would continue this section finishing section

[1:37:06] Voice 3: seven and then we'll have a break so i did see david marler uh come online there earlier and

[1:37:11] Voice 3: and there he is again.

[1:37:12] Voice 3: So we're now at 7.2, David,

[1:37:14] Voice 3: the Gambier Freedom of Information and Protection

[1:37:16] Voice 3: of Privacy Procedure By-law 147,

[1:37:19] Voice 3: the press for decision, the decision is in the package.

[1:37:22] Voice 3: Do you want to introduce this to us now?

[1:37:27] Voice 3: And then we can have a conversation.

[1:37:30] Voice 1: Certainly, yes.

[1:37:32] Voice 1: The Freedom of Information and Protection of Privacy By-law

[1:37:35] Voice 1: is a required administrative by-law

[1:37:37] Voice 1: for all local governments.

[1:37:39] Voice 1: and the intent of the bylaw is a couple things one is to appoint the head which

[1:37:47] Voice 1: is the secretary of the islands trust that's that's in your bylaw and then the second

[1:37:55] Voice 1: i'm sorry perhaps

[1:37:59] Voice 3: you could perhaps you could turn off your video we lost the audio and the

[1:38:04] Voice 3: the video froze so i'm the only one to see you anyway and uh try that again okay

[1:38:13] Voice 1: can you hear me

[1:38:14] Voice 1: okay now

[1:38:16] Voice 11: yes

[1:38:17] Voice 1: okay i'll talk slowly the the purpose of the note is the

[1:38:25] Voice 1: answer i'm sorry

[1:38:28] Voice 3: it's not hearing you very well and we you just turned off your videos want to start try speaking

[1:38:33] Voice 3: speaking again yes

[1:38:35] Voice 1: can you hear me yes okay the the purpose of the freedom of information

[1:38:42] Voice 1: protection of privacy bylaw is to establish the head which is a requirement under the FOI act

[1:38:54] Voice 1: and also to establish a schedule of fees another requirement under the FOI act

[1:39:02] Voice 1: Your current FOI bylaw was adopted in 1994 and is now out of date.

[1:39:14] Voice 1: The FOI Act sets a table of fees that you're allowed to charge, but you cannot go over them.

[1:39:23] Voice 1: And when the Act was updated, they actually reduced some fees, probably because of changing technology.

[1:39:35] Voice 1: So some of your current fees are actually higher than are permitted under the new FOI Act.

[1:39:43] Voice 1: So you'll notice that some of the fees have been reduced, and also the fee categories have slightly changed to reflect modern technology.

[1:39:55] Voice 1: There's also the addition of a $10 non-refundable fee.

[1:40:02] Voice 1: So the purpose of the fees is not to capture all the cost of doing FOI.

[1:40:08] Voice 1: In fact, the Act requires that the first three hours of our time is given away at no charge, with the exception of the $10 application fee, and that any time that we take redacting, that is reading through the document and making sure that anything that needs to be removed has been removed under the Act, we cannot charge for doing that.

[1:40:36] Voice 1: so we can only charge for retrieval of documents and then reviewing the documents

[1:40:44] Voice 1: the the other piece is if we feel an individual cannot pay for any reason we can waive the fees

[1:40:52] Voice 1: so that the intent of the act is not to recover the cost it is however to ensure that there is

[1:41:00] Voice 1: some cost if an application becomes so big it's going to cost us quite a bit of money.

[1:41:09] Voice 1: And your fee bylaw does recognize that there could be commercial requests for records.

[1:41:18] Voice 1: So this could be an agency that would like the records to help them in their business

[1:41:25] Voice 1: and for those we can recover our full cost.

[1:41:28] Voice 1: In the Islands Trust, we rarely get those kinds. Mostly it's people on the islands just searching for records to just find out what's going on.

[1:41:41] Voice 1: And these are records that are not routinely available to the public.

[1:41:45] Voice 1: So they're not records that are on your agenda or that we post on our website, things like that.

[1:41:53] Voice 1: Those we would just give to people.

[1:41:55] Voice 1: For example, if we get an FOI request for something that's routine, we will just provide it to them and not charge them or make them go through the process.

[1:42:04] Voice 1: So this is for more like documents such as emails between staff, emails between trustees and staff, or some records that maybe we wouldn't release but we can if we redact them, things like that.

[1:42:18] Voice 1: Anyway, so the reason it's before you is simply to update it from the 1994 version to the current one, and to make sure it's compliant with the Freedom of Information Protection and Privacy Act.

[1:42:32] Voice 1: So, unless you've got any concerns, I would recommend that you give it three readings today.

[1:42:39] Voice 1: It's an administrative bylaw, so you can give it first, second and third reading.

[1:42:45] Voice 1: and even though the recommendation has all three readings in one part there, I recommend that you

[1:42:53] Voice 1: do each reading independently because it has to be three readings and then the last one is to

[1:42:58] Voice 1: forward it to the secretary to go to the executive committee. But I'll answer any questions you have

[1:43:04] Voice 1: before you do that if you wish for the chair. Thank you, back to the chair.

[1:43:08] Voice 3: Okay thank you David.

[1:43:09] Voice 3: any questions not for me no no okay so then just for clarity david what you're saying is the

[1:43:16] Voice 3: recommendation that is in our package which says give me given first second and third reading

[1:43:20] Voice 3: you

[1:43:21] Voice 1: want us to give three independent readings correct you can read that for first then read

[1:43:25] Voice 1: it again for second and read it again for third that will keep it separate and then make sure

[1:43:30] Voice 1: you've met the your obligation to give it three readings okay

[1:43:34] Voice 3: thank you so then uh i'll turn to

[1:43:36] Voice 3: Okay.

[1:43:38] Trustee Stamford (probable): I move that the Gambier Island Local Trust Committee, bylaw number 157, cited as Gambier Island Local Trust Committee, Freedom of Information Protection and Privacy, bylaw number 157, 2023, be given first reading.

[1:43:51] Voice 3: So do I have a seconder? Is there any discussion? All those in favor? That carries unanimously. Thank you.

[1:43:58] Trustee Stamford (probable): I move that the Gambier Autonomical Trust Committee, bylaw number 157, site is Gambier Autonomical Trust Committee, Freedom of Information Protection of Privacy, bylaw number 157, 2023, be read a second.

[1:44:11] Voice 3: Moved and seconded.

[1:44:16] Voice 3: Any further discussion? All those in favor? Okay, that is unanimously. Thank you. Third reading.

[1:44:21] Trustee Stamford (probable): I move that the Gambier Island Local Trust Committee bylaw number 157 cited as Gambier Island Local Trust Committee Freedom of Information Protection of Privacy bylaw number 157-2023 be read third time.

[1:44:34] Trustee Stamford (probable): Seconded.

[1:44:35] Voice 3: Steve DiNardo, thank you.

[1:44:37] Voice 3: All those in favor?

[1:44:38] Voice 3: That carries unanimously.

[1:44:40] Voice 3: And the final motion.

[1:44:41] Voice 3: that the Gambier Island Local Trust Committee

[1:44:44] Trustee Stamford (probable): bylaw number 157,

[1:44:46] Trustee Stamford (probable): say it's Gambier Island Local Trust Committee

[1:44:48] Trustee Stamford (probable): Freedom of Information Protection Privacy

[1:44:50] Trustee Stamford (probable): bylaw number 157-2023

[1:44:52] Trustee Stamford (probable): be forwarded to the Secretary of the Island's Trust

[1:44:54] Trustee Stamford (probable): for approval by the Executive Committee.

[1:44:57] Trustee Stamford (probable): Thank you, Ms. John-Marco.

[1:44:59] Voice 3: All those in favor?

[1:45:02] Voice 3: That carries unanimously.

[1:45:04] Voice 3: Thank you for your patience.

[1:45:05] Trustee Stamford (probable): That's so you know we don't have to do that

[1:45:07] Trustee Stamford (probable): at the regional desk.

[1:45:09] Voice 3: Well, that's why I asked the question.

[1:45:11] Voice 3: I was told we have to do that.

[1:45:12] Voice 3: So that concludes our morning's agenda.

[1:45:17] Voice 3: We did suggest we were going to have a break for just half an hour.

[1:45:21] Voice 3: It's now 1245.

[1:45:23] Voice 3: That would bring us back at 115.

[1:45:24] Voice 3: Is that satisfactory to everybody?

[1:45:26] Voice 3: That's what we'll do.

[1:45:27] Voice 3: I'll ask Marlis if you can post something on the screen.

[1:45:30] Voice 3: I will turn the audio on here.

[1:45:33] Voice 3: Thank you very much for joining us.

[1:45:35] Voice 3: We're going to be back at 1215.

[1:45:38] Voice 3: Briefly,

[1:45:38] Voice 14: I have videotaped all the presenters.

[1:45:41] Voice 14: and if they don't want me to keep it, just tell them.

[1:45:44] Voice 14: That's not complete.

[1:45:45] Voice 14: Well, it was the only way to get it in there.

[1:45:47] Voice 3: Actually, only a person who is a member of the committee

[1:45:49] Voice 3: can qualify for it.

[1:45:51] Voice 3: So that's fine.

[1:45:52] Trustee Stamford (probable): All right, what should I have done?

[1:45:54] Voice 14: That's fine.

[1:45:55] Voice 14: Maybe you should have

[1:45:56] Trustee Stamford (probable): mentioned it before you started.

[1:45:57] Voice 14: I know, but I didn't think of it

[1:45:59] Voice 14: until someone asked me to film two of them.

[1:46:02] Voice 14: I teach a course on ethics and photos and so on,

[1:46:05] Voice 14: so I'm trying to be ethical.

[1:46:06] Voice 14: Please conduct the event last then.

[1:46:08] Voice 11: That's what I just did.

[1:46:10] Voice 11: Okay, yeah.

[1:46:11] Voice 11: Thank you.

[2:19:21] Voice 3: Right. Apologies

[2:19:23] Voice 3: to those that are viewing. We didn't have the microphone turned on.

[2:19:27] Voice 3: We've just received a summary of the staff report, and I'll just ask Simon Carter to continue.

[2:19:34] Planner (probable): So the owner-operator continued the use over the summer months and has made this TUP application seeking approval to continue the short-term vacation rental legally.

[2:19:44] Planner (probable): a temporary use permit or tup is a short-term and temporary rezoning for a limited time time frame

[2:19:51] Planner (probable): the tup may be issued for any term up to a maximum of three years so it's at the discretion of the

[2:19:58] Planner (probable): ltc it could be for one year for two year for three years and may be extended once for a maximum

[2:20:03] Planner (probable): of an additional three years a tup allows the applicant and the ltc and the community the

[2:20:10] Planner (probable): ability to monitor the impact of a use before committing to a permanent rezoning process uh it

[2:20:16] Planner (probable): is not a first step in a rezoning process the rezoning process would still if that were to

[2:20:23] Planner (probable): proceed would still follow the due course a tup can give the ltc a lot of control over the proposed

[2:20:30] Planner (probable): use on the site as it can impose very specific conditions in the permit the ltc would also be

[2:20:36] Planner (probable): be able to collect the security to ensure that the land is restored to its original condition

[2:20:40] Planner (probable): once the TUP expires. For example, some specific conditions could include the maximum number of

[2:20:49] Planner (probable): guests, a requirement for an on-site operations manager, providing a detailed guest information,

[2:20:57] Planner (probable): fire safety and wildlife, wildfire management plan, landscape screening. The LTC could include

[2:21:04] Planner (probable): include conditions on rental or prohibition of renting motorized personal watercraft.

[2:21:14] Planner (probable): So staff have received, I think to date, the latest count is 71 pieces of correspondence

[2:21:19] Planner (probable): regarding this TPP application request. This includes 70 pieces of correspondence in opposition

[2:21:25] Planner (probable): and one piece of correspondence in support, provided the proposal has sufficient water

[2:21:31] Planner (probable): and septic capacity. Just a few of the issues that have been outlined in the staff report

[2:21:37] Planner (probable): include sewage disposal capacity, groundwater management, and waste disposal. And as a result,

[2:21:44] Planner (probable): as a result, staff are requesting specific report to be able to analyze whether the proposed need

[2:21:48] Planner (probable): can be supported on the lot. At this time, staff are seeking direction from the LTC on whether to

[2:21:55] Planner (probable): proceed further with processing the application. If the LTC decides to proceed further, staff are

[2:22:00] Planner (probable): recommending that the further reports are needed to accurately assess the impact of the proposed

[2:22:05] Planner (probable): use and staff are also recommending that if the ltc decides to proceed further the short-term

[2:22:11] Planner (probable): vacation rental will cease operation on the site until the lpc has made a final decision on the

[2:22:16] Planner (probable): issuance of the tup and the recommendations are all listed there on the page 35 that's correct

[2:22:25] Voice 3: Correct. Page 35. Yep.

[2:22:28] Voice 3: Okay. Thank you.

[2:22:30] Voice 3: So I'll just turn to the applicant to ask you if you have any additional information you'd like to provide the LTC

[2:22:36] Voice 3: and you concur with the recommendation that's presented in here or not.

[2:22:41] Voice 3: And so over to you for your...

[2:22:44] Voice 5: All right. So I'm going to just say we're talking to the LTC later.

[2:22:48] Voice 5: You're talking to the LTC.

[2:22:49] Voice 5: Gotcha. So,

[2:22:50] Voice 4: yeah, we understand that we had some mistake on the communication part

[2:22:55] Voice 4: Part of that, we haven't done this earlier.

[2:22:57] Voice 5: We thought that UP would be the best methodology

[2:23:00] Voice 5: to communicate with the islanders,

[2:23:02] Voice 5: but it was not, clearly not the way.

[2:23:04] Voice 5: And we were trying to do as compliant as possible.

[2:23:08] Voice 5: So for example, that we have contact with an engineer,

[2:23:12] Voice 5: scheduled all changes

[2:23:15] Voice 4: on there, as well as the water.

[2:23:17] Voice 4: Also for the fire, we are also aware of that too.

[2:23:23] Voice 4: and we have prohibited all the guests who's smoking.

[2:23:27] Voice 4: So we have, we're not receiving,

[2:23:30] Voice 4: I think

[2:23:30] Voice 3: any guests who smokes on the property

[2:23:33] Voice 3: for the amount that comes to buy.

[2:23:35] Voice 3: So we

[2:23:36] Voice 4: are planning to have another steps on site there.

[2:23:42] Voice 4: So we already have one

[2:23:43] Voice 5: that they're on site 24 seven

[2:23:45] Voice 5: and we're planning to have another one.

[2:23:48] Voice 5: It's allowed to operate further

[2:23:51] Voice 5: to support the additional fire safety and also manage the noise and privacy issues.

[2:24:03] Voice 5: But we understand that Islanders have a lot of concerns here,

[2:24:08] Voice 5: and we would like to stop taking additional booking via Airbnb until we are completely compliant.

[2:24:20] Voice 5: For example, affecting the septic tank and also water issues and other issues are remediated.

[2:24:26] Voice 5: So thanks for all the comments and feedback.

[2:24:29] Voice 5: So we definitely want to get more feedback from you.

[2:24:33] Voice 5: So we're not like the ones who ignore people or ignore the comments or feedback.

[2:24:38] Voice 5: But we are happy to take all the additional comments or something we can improve on or something we can remediate additionally.

[2:24:45] Voice 5: So, we're happy to start taking additional bookings from RUVB and PRVO, and we're actually

[2:24:53] Voice 5: not taking any bookings via our website.

[2:24:55] Voice 5: So, and also we want to work on the tactics, orders, until, I mean, yeah, and also we can

[2:25:04] Voice 5: talk more about the

[2:25:05] Trustee Stamford (probable): PC in the pursuit.

[2:25:09] Trustee Stamford (probable): Okay.

[2:25:09] Trustee Stamford (probable): And Sarah, or do you have any comments?

[2:25:12] Voice 6: Hi.

[2:25:12] Voice 6: My name is Sarah.

[2:25:13] Voice 6: Sarah. I am Jay's partner, business partner, and as well as life partner. And I just want to tell

[2:25:22] Voice 6: LTC that there could have been much better when it comes to communicating peace and talking to

[2:25:29] Voice 6: our neighbors directly. However, we definitely missed that, and that is not our fault. And I

[2:25:36] Voice 6: read the recommendation from our leads, and it does seem quite reasonable when it comes to meeting

[2:25:43] Voice 6: meeting all those standards before coming up to a TUP permit and as well as if needed the seizing

[2:25:51] Voice 6: will be one of the options as well hence we won't take any more further bookings until until we get

[2:26:00] Voice 6: an approval yeah thank you yeah thank you so much

[2:26:04] Voice 11: so does the

[2:26:07] Voice 3: LTC have any questions for staff or

[2:26:08] Voice 3: the

[2:26:08] Trustee Stamford (probable): applicant kate

[2:26:12] Voice 3: louis stanford or joe who wants to go first i

[2:26:15] Trustee Stamford (probable): have two questions of the applicant

[2:26:18] Trustee Stamford (probable): and then i have some questions for the planner um i'm not sure what your connection is to the owner

[2:26:26] Trustee Stamford (probable): could somebody just describe oh

[2:26:29] Voice 4: that's great uh young kim is my mother okay

[2:26:32] Voice 5: Okay, one

[2:26:33] Trustee Stamford (probable): of the the comments that you make in your proposal is a benefit to the community is supporting young people's employment.

[2:26:45] Trustee Stamford (probable): I'm just wondering how many young people have you employed to date?

[2:26:48] Trustee Stamford (probable): from Gambier.

[2:26:50] Voice 5: So we're going to talk to you about

[2:26:52] Voice 5: the on-site manager. We currently

[2:26:54] Voice 5: have one on-site manager and

[2:26:56] Voice 5: also a contractor who helped

[2:26:59] Voice 5: moving and

[2:27:00] Voice 5: helping us on the labor

[2:27:01] Voice 5: tasks.

[2:27:03] Trustee Stamford (probable): So that was a young person from

[2:27:04] Trustee Stamford (probable): Gambier?

[2:27:06] Voice 5: No, it was

[2:27:07] Voice 5: not from Gambier. Okay.

[2:27:09] Trustee Stamford (probable): Okay. So maybe I misunderstood that.

[2:27:12] Trustee Stamford (probable): Thanks.

[2:27:13] Trustee Stamford (probable): Those are good questions. So

[2:27:14] Trustee Stamford (probable): do you want to ask a question?

[2:27:16] Trustee Stamford (probable): yeah

[2:27:17] Voice 5: i do have some questions for you um actually just one question uh you've made a temporary uh

[2:27:25] Voice 5: an application for a temporary use permit and you've read the report and the staff is unable to

[2:27:33] Voice 5: provide a firm recommendation with respect to the permit application because it doesn't have

[2:27:39] Voice 5: out information that it needs from you so this meeting was originally scheduled to decide

[2:27:48] Voice 5: your application you haven't provided that first question is why haven't you provided the

[2:27:54] Voice 5: information dealing with the geohydrological engineer and you know to examine the water

[2:28:00] Voice 5: table issues and also the sewage issues we don't have those staff doesn't have those professional

[2:28:07] Voice 5: That's really the whole grace period when a person makes an application.

[2:28:15] Voice 5: Part of the reason for that period is to get the information together that the staff needs so it can make a recommendation to the local trust committee.

[2:28:22] Voice 5: Why haven't you provided those reports yet?

[2:28:25] Voice 5: Okay, thank you for bringing it up. So we had contact with the septic engineers and there was some miscommunication as they had measured different measurements.

[2:28:36] Voice 5: So, yeah, there was the enforcement officer and also the engineer had a long communication and we finalized that thing last week, a couple of weeks ago.

[2:28:48] Voice 5: And so we have scheduled as soon as possible to really get that risk or concern right away.

[2:28:55] Voice 5: So I have attached that information about the communication and what they have planned with and what we're scheduling.

[2:29:02] Voice 5: If you need reports that finalize our results that we have fixed it,

[2:29:10] Voice 5: my call is that they're also relayed on it,

[2:29:13] Voice 5: but we're actually making progress and working as best as possible.

[2:29:18] Voice 5: Well, you haven't asked for it or you haven't explicitly asked for it,

[2:29:23] Voice 5: but it seems to me that I think you're asking for an extension

[2:29:28] Voice 5: for the period of time to provide the information

[2:29:32] Voice 5: for the temporary use permit application?

[2:29:36] Voice 5: Okay, sorry.

[2:29:36] Voice 5: So we were informed that we need to remediate that concern

[2:29:41] Voice 5: before September 30th.

[2:29:44] Voice 5: So we are actually really hard to contact.

[2:29:47] Voice 5: It's a going body group, and we're actually contacting

[2:29:51] Voice 5: with them to remediate that before September 30th.

[2:29:55] Voice 5: I actually didn't know that we need to remediate that

[2:29:58] Voice 5: that people were just feeding.

[2:30:00] Voice 5: because it's not important yet well let's just set aside the remediation issue for now okay

[2:30:04] Voice 5: i i'm just trying to understand you know or deal with the application process um

[2:30:13] Voice 5: you haven't said it but it's implicit in what you're saying that you don't want the local trust

[2:30:19] Voice 5: committee to make a decision on the application today you want an extension to do all these other

[2:30:26] Voice 5: things and later come back to us so that we can make an application or so we can decide on the

[2:30:31] Voice 5: application have i got that right uh are you talking that we're intentionally delaying this

[2:30:36] Voice 5: no i'm just asking you a question like do you want an extension for your application or not

[2:30:41] Voice 5: oh

[2:30:42] Voice 4: so we're not gonna we're so from today we're not gonna uh additionally take any additional

[2:30:48] Voice 5: booking so no no we're talking about the application you've made an application for

[2:30:53] Voice 5: temporary use from a district today we scheduled to make that decision yes that is right we could

[2:30:59] Voice 5: say yes we could say no but staff doesn't have the information it needs to give us a recommendation

[2:31:07] Voice 5: you're telling us you're in the process of getting it yes that suggests to me you don't want the

[2:31:15] Voice 5: local trust committee to make a decision today you want to defer the decision you want an extension

[2:31:20] Voice 5: so you can complete your temporary use permit application.

[2:31:24] Voice 5: Have I got that right?

[2:31:25] Voice 4: So it

[2:31:26] Voice 4: can be extended and we can

[2:31:28] Voice 5: fix all the issues

[2:31:29] Voice 5: that you just mentioned that we really have completed.

[2:31:32] Voice 5: Well, what do you ask?

[2:31:34] Voice 5: I need to know what you're asking for.

[2:31:37] Voice 6: We are definitely asking for some time

[2:31:43] Voice 6: to get this report from our engineers.

[2:31:46] Voice 6: They did come back to us saying that the report

[2:31:49] Voice 6: report wasn't correct so they had to redo it again um henceforth we didn't expect this delay

[2:31:58] Voice 6: um of not being able to provide the report to the staff on time um but if it's possible we would

[2:32:07] Voice 6: love to get the extension for it for getting a final um in the meantime we do also agree with

[2:32:15] Voice 6: our staff's recommendations okay thank

[2:32:23] Voice 11: you for my questions um okay

[2:32:29] Voice 3: just for for clarity um under

[2:32:32] Voice 3: the recommendations under item four it clearly lays out those things that staff are recommending

[2:32:38] Voice 3: that the ltc request before any further consideration of this application and that's

[2:32:45] Voice 3: a copy of an assessment report and design recommendation a copy of assessment report

[2:32:50] Voice 3: and recommendations by a hydrologist and a professional engineer,

[2:32:54] Voice 3: a personal professional engineer, a psychosychologist,

[2:32:57] Voice 3: a copy of a water quality test and a waste disposal plan.

[2:33:02] Voice 3: I suspect there might be other things that the LTC would require

[2:33:06] Voice 3: if we were to entertain issuing such a permit.

[2:33:10] Voice 3: And I might just add from my own perspective

[2:33:12] Voice 3: that I would want to see some significant quantity of water

[2:33:15] Voice 3: stored on site for firefighting purposes.

[2:33:17] Voice 3: And there may be other things.

[2:33:19] Voice 3: So do you understand that?

[2:33:22] Voice 3: Okay.

[2:33:23] Voice 3: So then do you have anything else

[2:33:26] Voice 3: that you'd like to offer to the LTC?

[2:33:29] Voice 3: Otherwise, they might have more questions.

[2:33:30] Voice 3: I think Stanford has another question.

[2:33:32] Trustee Stamford (probable): I have a question.

[2:33:34] Trustee Stamford (probable): Well, I have one question for you,

[2:33:35] Trustee Stamford (probable): but then I'll like to have questions on it.

[2:33:38] Trustee Stamford (probable): On page 53, you mentioned that you have rainwater

[2:33:43] Trustee Stamford (probable): and they will be collected to be used in wells.

[2:33:45] Trustee Stamford (probable): else how do you consider using that like what do you mean by that so

[2:33:51] Voice 6: we have um for our source of

[2:33:55] Voice 6: water um we use our dump well for that and that's when when jay's mom came out and purchased the

[2:34:03] Voice 6: property that was in place so

[2:34:06] Trustee Stamford (probable): the rainwater would then become drinking water okay that's been

[2:34:12] Voice 6: that's how she's writing

[2:34:14] Trustee Stamford (probable): years okay um so um there's a comment on page 39 and i just want

[2:34:24] Trustee Stamford (probable): clarification on this is um it's a standalone sentence that says there are no legal stbrs

[2:34:36] Trustee Stamford (probable): on here and so short-term vacation rentals on gambier um i'm just not sure why that's in there

[2:34:45] Trustee Stamford (probable): is we do have temporary use accommodation on what and just a clarity what's the difference

[2:34:52] Planner (probable): sorry

[2:34:52] Trustee Stamford (probable): i'm on page 39

[2:34:54] Trustee Stamford (probable): looking for that as well it just sort of is it's just standing alone so i just wondered what the

[2:35:05] Trustee Stamford (probable): The purpose here, I'll try and get down to it.

[2:35:07] Trustee Stamford (probable): 7, 39.

[2:35:10] Trustee Stamford (probable): So it's just below temporary use permit A and B.

[2:35:13] Trustee Stamford (probable): The subject property is located within a settlement residential zone,

[2:35:16] Trustee Stamford (probable): which does not permit short-term vacation rental.

[2:35:20] Trustee Stamford (probable): Thus, a temporary use permit is being sought to allow use.

[2:35:24] Trustee Stamford (probable): We allow STBRs in rural zones or other zones?

[2:35:28] Trustee Stamford (probable): I didn't think we did.

[2:35:29] Planner (probable): No, I was just commenting that this property,

[2:35:33] Planner (probable): the zoning of the property, it does not.

[2:35:35] Trustee Stamford (probable): and we don't have STPRs anywhere on Canada.

[2:35:38] Planner (probable): Yes, I just want to clarify that. Okay,

[2:35:41] Trustee Stamford (probable): that's all I needed

[2:35:42] Voice 11: from there. Any further questions?

[2:35:47] Voice 11: What direction would you like to take today?

[2:35:50] Trustee Stamford (probable): If you have no other questions of clarification,

[2:35:55] Trustee Stamford (probable): I have a prepared statement. I have a couple of alternate motions that I would like to speak to

[2:36:02] Trustee Stamford (probable): and then consider okay go ahead i just want to acknowledge how difficult this situation has been

[2:36:10] Trustee Stamford (probable): for everyone how for a variety of reasons there hasn't been a clarity of process for public

[2:36:16] Trustee Stamford (probable): engagement and action on behalf of the islands trust i hope that the motions we've had the

[2:36:22] Trustee Stamford (probable): motion we passed earlier in the

[2:36:24] Trustee Stamford (probable): meeting will go some way to helping to mitigate some of these

[2:36:27] Trustee Stamford (probable): issues in the future and understanding this is the first temporary use permit i have seen and

[2:36:33] Trustee Stamford (probable): I've been doing this for in various capacity for 18 years now.

[2:36:39] Trustee Stamford (probable): I really want to thank everyone who took the time to speak today and respectfully and write the information.

[2:36:47] Trustee Stamford (probable): For the most part, correspondence was well informed and respectful and brought up a variety of important points.

[2:36:55] Trustee Stamford (probable): I appreciate the proponents did scale the proposal down and have plans to manage the health and safety concerns around septic and water.

[2:37:07] Trustee Stamford (probable): While I was reviewing the official community plan, I see support for some growth and change is a healthy part of any community.

[2:37:15] Trustee Stamford (probable): Being able to welcome non-residents is an essential part of our island.

[2:37:20] Trustee Stamford (probable): We're not private. We are a public entity.

[2:37:23] Trustee Stamford (probable): and in general alternate alternate accommodations could be a part of our future the home-based

[2:37:32] Trustee Stamford (probable): business land use bylaws were developed separately from the rest of the land use bylaws almost 20

[2:37:37] Trustee Stamford (probable): years ago and the advisory planning commission at the time deliberated long and hard about how

[2:37:42] Trustee Stamford (probable): to manage temporary overnight accommodation there was no doubt some type of accommodation was needed

[2:37:47] Trustee Stamford (probable): on the island not just for vacationers but for workers and other temporary guests of other

[2:37:53] Trustee Stamford (probable): residents as well. The recommendations that were eventually passed by the local trust committee at

[2:37:58] Trustee Stamford (probable): the time were deliberately wide to encourage a realistic home-based business despite our remote

[2:38:05] Trustee Stamford (probable): location. I've looked at other short-term vacation rental regulations, which is temporary accommodation

[2:38:12] Trustee Stamford (probable): on Gambier, and Gambiers are generous. For instance, on Keats, there's no commercial

[2:38:19] Trustee Stamford (probable): commercial short-term rentals are not permitted at all. Sunshine Coast rural area regulations

[2:38:26] Trustee Stamford (probable): permit two bedrooms per operation, so a maximum of four people in the operation as part of the

[2:38:33] Trustee Stamford (probable): commercial operation. Hornby, Salt Spring, Pender Islands all have more restrictive regulations in

[2:38:40] Trustee Stamford (probable): Campier. Within the current bylaws, there's an opportunity to support a reasonable temporary

[2:38:46] Trustee Stamford (probable): per accommodation business for resident wanting to commercially benefit from their property as a

[2:38:52] Trustee Stamford (probable): secondary use. What restrictions there are protects nations and the community from noise and safety

[2:38:58] Trustee Stamford (probable): concerns. Even the explosion of the Airbnbs from the online world, Gambier's accommodation

[2:39:03] Trustee Stamford (probable): opportunities have mostly stayed at a scale that works for the small community. Because the current

[2:39:11] Trustee Stamford (probable): bylaws are more than adequate for a home-based accommodation business, I'm proposing alternate

[2:39:18] Trustee Stamford (probable): That the Gambier, I move that the Gambier Local Trust Committee proceed no further with application TUP 2023.1, and that the Islands Trust by-law staff proceed to enforcing the current Gambier land use.

[2:39:36] Trustee Stamford (probable): I have reasons for that recommendation, but I'm wondering.

[2:39:41] Trustee Stamford (probable): Right, so you have...

[2:39:44] Trustee Stamford (probable): And I've got this in writing, Diane.

[2:39:45] Trustee Stamford (probable): Yeah.

[2:39:46] Voice 3: Okay. So we understand the motion that's been proposed, Joe? Yes.

[2:39:52] Voice 3: Okay. Is there a seconder for the motion?

[2:39:55] Voice 5: I'm going to second the motion, but that's not necessarily, you know, prejudging the outcome of it so that we can have the motion on the floor and we can discuss it.

[2:40:03] Voice 3: Okay. Thank you, John. So then do you wish to speak further to your motion?

[2:40:08] Voice 3: So

[2:40:09] Trustee Stamford (probable): I'm making this recommendation because the proposal does not demonstrate a benefit to the community to warrant an expanded operation beyond what the violence currently.

[2:40:20] Trustee Stamford (probable): Also, at this time, the New Brighton area does not have the appropriate infrastructure in terms of public access and emergency services, including fire suppression, to support a significant business other than the current business, which is the store.

[2:40:38] Trustee Stamford (probable): It's the first time I've mentioned the store, but that is a zoned commercial business that could theoretically open tomorrow.

[2:40:49] Trustee Stamford (probable): And that that caters to off-island visitors beyond what is considered a home-based business within current guidelines.

[2:40:56] Trustee Stamford (probable): So that's stating that there would be even more activity coming in through New Brighton.

[2:41:03] Trustee Stamford (probable): to date the proponents have not conducted the operation with adequate consultation

[2:41:07] Trustee Stamford (probable): and consideration of neighboring properties or the local community

[2:41:13] Trustee Stamford (probable): so those are the reasonings i do and i have those in writing okay um

[2:41:19] Voice 3: i just have a couple

[2:41:21] Voice 3: of process questions i'd like to ask staff but i want to provide jill bernardo the opportunity to

[2:41:24] Voice 3: speak to it um ahead of me asking you don't go ahead

[2:41:27] Voice 3: okay so then the questions are for our

[2:41:32] Voice 3: Our interest, and also for the applicant's interest, in

[2:41:36] Voice 3: that you did not bring this to UP for a decision today, yes or no.

[2:41:41] Voice 3: You brought it to us to ask us if you should continue to work on it, and do we support the recommendations associated with getting more information to indeed process this through to bringing it back to us for a decision?

[2:41:56] Voice 3: and so um proceeding no further is not a decision it's simply that the trustees and

[2:42:07] Voice 3: trustee stanford in her opinion has heard public feedback and is obviously intimate with the

[2:42:15] Voice 3: community's feelings and environment and feels that this is not supported by the community and

[2:42:21] Voice 3: And so, therefore, he's recommending that you not proceed on processing this application further.

[2:42:26] Voice 3: So the key to the question is, is that we're not turning down the permit, which tells you not to process it further.

[2:42:33] Voice 3: So, therefore, presumably, this may be, and I'm not making any assumptions here, there may be a refund of a portion of the cost of the permit to the applicant.

[2:42:43] Voice 3: And the door may or may not remain open for that person to come with another application in the future.

[2:42:51] Voice 3: if it was turned down and denied there would be I think a year 12 month advance to making a new

[2:42:58] Voice 3: application but presumably the individual could if they felt that they could make some significant

[2:43:04] Voice 3: gains in community opinion and meet the minimum requirements that have been sort of spelled out

[2:43:10] Voice 3: in this request

[2:43:11] Planner (probable): that you've given to us is that true yes I

[2:43:14] Planner (probable): was just going to have a quick look

[2:43:16] Planner (probable): development procedures bylaw but um so through

[2:43:21] Trustee Stamford (probable): the chair um the gambier's development procedures

[2:43:24] Trustee Stamford (probable): bylaw does offer a regulation of provision that says the trust committee may after receiving an

[2:43:32] Trustee Stamford (probable): application decide to proceed or not proceed so that to your question that that is a motion

[2:43:39] Trustee Stamford (probable): through resolution um and plan number targets will pull up to the time frame should the

[2:43:46] Trustee Stamford (probable): side make a decision on the application there is a time frame that an applicant or owner must leave

[2:43:56] Voice 3: so mostly i raise that so that the applicant is aware that the application will be closed

[2:44:03] Voice 3: and that if they wish to pursue this further they will have to come back to you and have

[2:44:06] Voice 3: conversation about the details facts okay is that um satisfactory bit of theory there

[2:44:14] Voice 3: so then um i'll ask you to speak to the motion yes

[2:44:19] Trustee Stamford (probable): um i think you

[2:44:24] Voice 5: know i'm in the

[2:44:26] Voice 5: uncomfortable position of having to register a disagreement with the staff report

[2:44:32] Voice 5: Let me go check for that at some point, I'm sure, but returns to page 36 of the staff report, the second paragraph, well,

[2:44:44] Trustee Stamford (probable): it's actually page two, I think, of the staff report.

[2:44:51] Voice 5: It's 36 of the agenda materials.

[2:44:53] Voice 5: paragraph says the application has the potential to meet the general conditions for short-term

[2:44:58] Voice 5: commercial tupf patients from gambier island land use byline visitor accommodation policies

[2:45:06] Voice 5: in the official community plan pending sewage disposal groundwater feasibility and specific

[2:45:12] Voice 5: tupf conditions my first observation is those are enormous

[2:45:18] Voice 5: enormous um uh questions and outstanding issues when you're talking about groundwater feasibility

[2:45:27] Voice 5: sewage disposal and as and i won't repeat them and the many other conditions that staff is

[2:45:35] Voice 5: referring to as potential conditions that might be desirable if a tup was granted uh i don't agree

[2:45:44] Voice 5: actually that this application actually has that potential to meet those conditions and the reason

[2:45:48] Voice 5: I say that it's pretty straightforward is that and it's not because I mean we've heard from the

[2:45:53] Voice 5: community and there's a lot of people in the community I don't know if it's necessarily

[2:45:57] Voice 5: representative but it's suggestive of that given the scale of what we heard from the community in

[2:46:02] Voice 5: opposition but I'm not saying that I'm not saying that I don't see it has the potential to meet

[2:46:08] Voice 5: those requirements because of what we've heard from the community what we hear from the community

[2:46:13] Voice 5: is important but it's not evidence the evidence that we have to rely on is is the objective

[2:46:17] Voice 5: of evidence that we get from the staff and although the staff says it doesn't have enough

[2:46:22] Voice 5: information i think there's enough in the staff report for for this committee to look at decision

[2:46:28] Voice 5: about whether or not the tup application ought to either be granted or it an extension ought to be

[2:46:36] Voice 5: granted i don't think it ought to the tup ought to be either granted or an extended granted for

[2:46:43] Voice 5: for the applicants to fill out the application.

[2:46:46] Voice 5: And that's because the scale of the improvements

[2:46:48] Voice 5: that would be necessary

[2:46:50] Voice 5: to make the business even theoretically viable

[2:46:54] Voice 5: in a way that's consistent with the OCP are enormous.

[2:47:00] Voice 5: And when you look at the scale of those,

[2:47:02] Voice 5: it's pretty clear that the scale of what's required

[2:47:06] Voice 5: is in a sense inconsistent with the OCP.

[2:47:09] Voice 5: The OCP, I mean, if you look at the requirement,

[2:47:15] Voice 5: For this zone, bear with

[2:47:18] Voice 11: me here while I try to find it.

[2:47:24] Voice 11: Yeah, you know, paragraph 10.2 of the report, reuse permit area number two.

[2:47:35] Trustee Stamford (probable): You know, what

[2:47:37] Voice 5: is a temporary use permit?

[2:47:38] Voice 5: You know, what should it be granted for?

[2:47:42] Voice 5: It's a use that's, you know, we've heard this before, related to a public road or public building construction.

[2:47:48] Voice 5: Well, it's not that.

[2:47:49] Voice 5: Or exceeds the regulations for home occupations.

[2:47:52] Voice 5: it's that, definitely exceeds it and is for the benefit of the Gambier Island community.

[2:47:59] Voice 5: Separate from the community comments, the scale of what's contemplated

[2:48:03] Voice 5: seems to me to be inconsistent with what was contemplated generally for having

[2:48:11] Voice 5: commercial operations on Gambier to whatever extent that that's permitted.

[2:48:15] Voice 5: It's too much to put it as boldly as I can. It's too much given if you look at the tenor of all

[2:48:23] Voice 5: policies that are already in place and on that basis uh i'm going to be supporting the motion

[2:48:29] Voice 5: from uh trustee stanford okay

[2:48:33] Voice 11: very good um and i support and

[2:48:38] Voice 3: appreciate the stanford effort to

[2:48:41] Voice 3: clarify this and bring this forward and then appreciate joe's uh respectful review of this

[2:48:48] Voice 3: the recommendation related just like that um i agree so um therefore if there's no further

[2:48:55] Voice 3: discussion i'll call for the vote on the motion which is to proceed no further and that means

[2:49:01] Voice 3: that the application will be uh closed all those in favor that carried unanimously

[2:49:13] Voice 3: we're not done

[2:49:14] Voice 5: we're

[2:49:16] Voice 3: not done oh i say okay so i just want to be clear then to

[2:49:19] Voice 3: the applicant specifically that that application will be closed and that will continue to cease

[2:49:26] Voice 3: that operation but perhaps we have another motion with respect to that so

[2:49:30] Trustee Stamford (probable): i have a few comments and

[2:49:32] Trustee Stamford (probable): recommendations for the proponents and then i have a second motion that has nothing to do with your

[2:49:39] Trustee Stamford (probable): particular application so as a recommendation um if they plan to provide temporary overnight

[2:49:47] Trustee Stamford (probable): accommodation within the current bylaws consider strongly not having any paying guests until the

[2:49:54] Trustee Stamford (probable): septic has been repaired to the standard outline by vancouver goes for their safety as well as the

[2:50:00] Trustee Stamford (probable): safety of your neighbors constructing an alternate access point to the property for gas that is not

[2:50:07] Trustee Stamford (probable): so destructive to neighbors and number three connecting with community and work with fire

[2:50:12] Trustee Stamford (probable): equipment groups to develop and implement fire protection plan for a home-based this home-based

[2:50:18] Trustee Stamford (probable): business those are my recommendations they're not something i can motion but that's a recommendation

[2:50:25] Trustee Stamford (probable): to the performance but i do have a second motion as through all this work and going through this

[2:50:33] Trustee Stamford (probable): i've noticed there's there's still some holes um i move that the gambier local trust committee

[2:50:39] Trustee Stamford (probable): at temporary overnight accommodation bylaw review to the future projects list with regards to short

[2:50:45] Trustee Stamford (probable): term vacation rentals in particular consideration to guests per room limits and fire prevention

[2:50:53] Trustee Stamford (probable): protocols.

[2:50:55] Voice 11: Very good. So have you got that motion?

[2:51:00] Trustee Stamford (probable): Yeah. Do

[2:51:01] Voice 3: we understand the motion?

[2:51:02] Trustee Stamford (probable): Joe? Yes, I do. Are you prepared

[2:51:05] Voice 5: to second the motion? Yes, I will second the motion.

[2:51:09] Voice 3: You wish to speak to the motion, Phyllis? No, that's pretty clear.

[2:51:12] Voice 3: and you just have to put it on the top.

[2:51:16] Voice 3: All right, very good.

[2:51:19] Voice 6: Thank you, everyone.

[2:51:20] Trustee Stamford (probable): So thank you again.

[2:51:28] Voice 5: I'm sorry, I'm going to speak at a turn.

[2:51:31] Voice 5: That's not appropriate.

[2:51:32] Voice 5: You may have got the result that you want,

[2:51:34] Voice 5: but it's not an occasion for congratulating anybody.

[2:51:37] Voice 5: It's unfortunate for the applicants.

[2:51:38] Voice 5: They're in a difficult position.

[2:51:40] Voice 5: It's been a difficult situation for everybody,

[2:51:43] Voice 5: But it was Peter was saying before, let's be respectful of the applicants and be satisfied with the results for yourselves here.

[2:51:53] Voice 5: But you have neighbors now who've got a big challenge on their hands.

[2:51:56] Voice 5: They've got to deal with it. So let's respect that.

[2:52:00] Voice 11: Thank you.

[2:52:13] Trustee Stamford (probable): you

[2:52:13] Voice 3: know actually in all

[2:52:16] Voice 3: seriousness this it is not fine no no it's a hard thing that has

[2:52:21] Voice 3: continued i want to thank the applicant and you uh you've heard the decision and you need to

[2:52:26] Voice 3: consider your actions going forward carefully um because there are lots of applications so i'm

[2:52:33] Voice 3: going to continue on um

[2:52:35] Trustee Stamford (probable): we have a question don't you she asked a very quick question are the

[2:52:38] Trustee Stamford (probable): bookings that are already granted until november season they're

[2:52:42] Voice 5: not permanent okay

[2:52:43] Trustee Stamford (probable): so it'll all be

[2:52:44] Trustee Stamford (probable): counted it's

[2:52:46] Voice 5: you know what those are questions that we can't answer it's now between yeah

[2:52:51] Voice 5: it's between bylaw enforcement and the applicants about how they're going to resolve the current

[2:52:55] Voice 5: situation yeah right

[2:52:57] Voice 5: but but the grace period is over

[2:52:59] Trustee Stamford (probable): so that means it returns home to a single

[2:53:05] Trustee Stamford (probable): residential yes there's all of the rules following that but that has not changed and it will continue

[2:53:12] Trustee Stamford (probable): to be so okay so that means the only short-term accommodation would be in the house yes as a

[2:53:21] Trustee Stamford (probable): home on vacation

[2:53:21] Trustee Stamford (probable): yes i just want to make sure that they understand yeah we'll

[2:53:26] Voice 3: work with them

[2:53:27] Voice 3: they should have a conversation with staff and you'll be advising formally

[2:53:31] Trustee Stamford (probable): about the

[2:53:33] Trustee Stamford (probable): permit closure okay all right everybody so you're welcome to

[2:53:40] Trustee Stamford (probable): stay yeah

[2:53:41] Trustee Stamford (probable): right but more interesting material here to cover

[2:53:55] Voice 3: I will ask you to take your conversations outside because we do need to continue this.

[2:54:02] Trustee Stamford (probable): No, don't worry about it.

[2:54:07] Voice 11: I'm going

[2:54:08] Trustee Stamford (probable): to get the staff

[2:54:08] Voice 11: on a call.

[2:54:15] Voice 11: Don't worry about the chairs.

[2:54:17] Voice 11: Somebody will figure it out.

[2:54:19] Voice 11: Okay.

[2:54:37] Trustee Stamford (probable): Yeah, I just don't, I don't want you to be doing it all on the road.

[2:54:42] Trustee Stamford (probable): So

[2:54:42] Voice 3: I'm going to continue here.

[2:54:44] Voice 3: Please take your conversations online. Thank you.

[2:54:50] Trustee Stamford (probable): so we

[2:54:51] Voice 3: are now at a major project

[2:54:54] Voice 3: we

[2:54:56] Trustee Stamford (probable): don't have my

[2:55:21] Voice 6: I think we're starting to get a little bit of time.

[2:55:25] Voice 6: I think that's what we thought.

[2:55:26] Trustee Stamford (probable): Oh, sure.

[2:55:28] Trustee Stamford (probable): Oh, that's right.

[2:55:33] Trustee Stamford (probable): Right.

[2:55:35] Trustee Stamford (probable): So I thought the right approach.

[2:55:37] Trustee Stamford (probable): Yes.

[2:55:38] Trustee Stamford (probable): It's like this is to get me in some of the

[2:55:40] Voice 11: schedule.

[2:55:47] Voice 11: But one of the reasons we

[2:55:49] Trustee Stamford (probable): don't get to the story.

[2:55:51] Trustee Stamford (probable): But the way it was, it was just a year.

[2:55:53] Trustee Stamford (probable): So that would be to be a subject.

[2:56:23] Voice 9: Yeah, that's why I'm joining you.

[2:56:24] Voice 9: thank you just to see if you have any questions because there are no further updates to provide

[2:56:29] Voice 9: you other than what's in the memorandum. This is the status of the updates that I'll be providing

[2:56:34] Voice 9: to you regularly throughout the project so you can expect to see these types of memorandums with

[2:56:41] Voice 9: updates and status results and so I have no further information to add to what's already there.

[2:56:49] Voice 3: Okay. Thank you very much, Sonia. Trustee, do you have any questions?

[2:56:52] Voice 3: Yeah.

[2:56:53] Trustee Stamford (probable): Thank you, Sonia. It's really encouraging to see that we're getting some agreements

[2:57:02] Trustee Stamford (probable): in place for the Squamish Nation. I have to apologize to you because I realized as I was

[2:57:09] Trustee Stamford (probable): going through my emails late last night, you had reached out a couple of times and I have not

[2:57:13] Trustee Stamford (probable): responded um it was unintentional but also realizing that the community was only going

[2:57:22] Trustee Stamford (probable): to be able to take so much from the local trust committee at this point um so i will be able to

[2:57:31] Trustee Stamford (probable): respond more fully and get the advisory planning committee i hadn't reached out to a few people i

[2:57:37] Trustee Stamford (probable): I haven't had any interest, but I will now put it on the email so that we can get that going.

[2:57:43] Trustee Stamford (probable): Another reason I was stalling on that was because the community association has a rural economic development project going,

[2:57:53] Trustee Stamford (probable): and I could see it getting quite confused, but I will follow up on that.

[2:57:58] Trustee Stamford (probable): Is there anything as a local trust committee or as a trustee that I can do to continue encouragement with the Slavish Nation?

[2:58:06] Trustee Stamford (probable): or are we good

[2:58:08] Trustee Stamford (probable): no

[2:58:09] Voice 9: as far as i know we will be um yeah we're good we've got a relationship with the

[2:58:16] Voice 9: staff around the funding transfer next week it should be happening and then we're set to begin

[2:58:23] Voice 9: our scheduling of the first meetings for september october november and i can provide you with

[2:58:29] Voice 9: another update in october and

[2:58:31] Trustee Stamford (probable): is is there is it enough money for a reasonable engagement

[2:58:35] Trustee Stamford (probable): Yes,

[2:58:36] Voice 9: so we've worked out in our letter of agreement, the approximate hours for the work with us. And that includes one potential community information type meeting that they can participate in on with staff.

[2:58:52] Voice 9: staff if you choose to go that route but before the end of the fiscal so we expect that by that

[2:59:00] Voice 9: point in March we should have sufficient updates to provide where it might warrant

[2:59:05] Voice 9: a digital electronic community information meeting to provide that update to the community

[2:59:10] Voice 9: of where we're at and the justification for the types of recommendations that the LTC is considering

[2:59:14] Voice 9: and yeah a bit of a Q&A at that point okay

[2:59:19] Trustee Stamford (probable): great thanks that was great good news right

[2:59:22] Trustee Stamford (probable): Joe, any questions?

[2:59:23] Voice 3: No.

[2:59:23] Voice 3: Okay.

[2:59:24] Voice 3: Well, thank you very much, Sonia, for the work you've done advancing it.

[2:59:28] Voice 3: It was quite exciting.

[2:59:30] Voice 3: It is.

[2:59:31] Voice 9: Yeah.

[2:59:31] Voice 9: Thanks so much.

[2:59:32] Voice 9: And

[2:59:33] Trustee Stamford (probable): I promise I will reach out and we can talk.

[2:59:36] Trustee Stamford (probable): No worries.

[2:59:37] Voice 9: Okay.

[2:59:37] Voice 9: Thank you.

[2:59:38] Voice 9: Bye-bye.

[2:59:39] Voice 3: Okay.

[2:59:41] Voice 3: So 9.2, then, minor project, heat storyline protection project,

[2:59:46] Voice 3: and staff report package.

[2:59:48] Voice 3: And who's going to speak to that?

[2:59:50] Voice 3: That'll be me.

[2:59:51] Planner (probable): Mayor

[2:59:51] Voice 3: Mrakas, So

[2:59:53] Planner (probable): this report summarizes the comments that were heard at the recent community information meeting and then.

[3:00:00] Planner (probable): recommending that a community information meeting a public hearing be scheduled for the proposed

[3:00:04] Planner (probable): bylaws number 153 and 154. um i won't go into the details we were all at the meeting so we know

[3:00:12] Planner (probable): the conversation but it's all in the report uh prior to third reading the ltc is required to

[3:00:18] Planner (probable): hold a public hearing between first and third reading staff are recommending that the ltc

[3:00:24] Planner (probable): request staff to schedule the public hearing date to be determined the proposed bylaws are

[3:00:28] Planner (probable): are a result of several years of review and discussion.

[3:00:31] Planner (probable): The community's had several opportunities

[3:00:33] Planner (probable): to comment on this project

[3:00:35] Planner (probable): and the proposed bylaws throughout the project.

[3:00:38] Planner (probable): So it's the next step.

[3:00:42] Voice 11: Okay, thank you.

[3:00:44] Voice 11: Trustees?

[3:00:45] Voice 11: Yes.

[3:00:46] Voice 5: Well, it comes as a surprise

[3:00:48] Voice 5: that the guy from Keech Island has some comments about it.

[3:00:53] Voice 5: We do need to move the project along here,

[3:00:56] Voice 5: but we have an outstanding question, I think,

[3:01:00] Voice 5: before we schedule public hearing and i don't want i don't want to unduly delay the process but

[3:01:06] Voice 5: we have to decide what we're going to do with the most recent comments that we had received

[3:01:12] Voice 5: and the staff report did a good job of summarizing what was the various items that came up

[3:01:20] Voice 5: but that's my recollection in terms of the sufficiency of the proposed bylaws the

[3:01:27] Voice 5: the questions and concerns that were dominant

[3:01:32] Voice 5: that came at that meeting from the community.

[3:01:35] Voice 5: They were predominantly concerned with how the effect

[3:01:38] Voice 5: of the proposed bylaws would be on the use of docks,

[3:01:43] Voice 5: the construction and use of docks.

[3:01:47] Voice 5: In particular, it was a couple of items,

[3:01:49] Voice 5: and the reason I'm going to go through these items

[3:01:51] Voice 5: is that it seems to me these are issues that need to be,

[3:01:56] Voice 5: I was going to say addressed,

[3:01:58] Voice 5: that's actually the wrong word they need to be examined and possibly addressed in terms of

[3:02:04] Voice 5: tweaking the bylaws uh one issue and it was expressed i think uh most of the folks over

[3:02:10] Voice 5: at keeps count with who have some fairly small lots uh relative to some of the other properties

[3:02:16] Voice 5: on the island uh and they have a concern that the proposed changes to the dock size requirements

[3:02:22] Voice 5: could make it difficult to construct appropriate docks when necessary there in that area

[3:02:30] Voice 5: in order to provide them with suitable access to properties.

[3:02:34] Voice 5: Realistically, there may be a structural problem given the sheer volume of properties over there

[3:02:42] Voice 5: and how they're all so close to each other. That may present challenges to the people there,

[3:02:52] Voice 5: But I think the sizing of the docks should be re-examined.

[3:02:57] Voice 5: Another general issue, more general issue that was expressed at the meeting was, and I think this is quite an important point here,

[3:03:05] Voice 5: over continued uncertainty over the distinction between what would constitute a dock repair versus a replacement.

[3:03:12] Voice 5: There's some concern, and I've heard it not just at the community information meeting, but from other residents.

[3:03:19] Voice 5: there's concern over what the threshold of work actually is that would push a repair

[3:03:24] Voice 5: of what is now a legally non-conforming doc into a category of being replaced and the concern there

[3:03:31] Voice 5: is if people do fairly extensive repairs they're worried that they're going to get hit basically by

[3:03:40] Voice 5: either by law enforcement officer or somebody else is going to come along and say well you know

[3:03:44] Voice 5: this is actually a replacement and you know if you're going to replace it you're going to have

[3:03:47] Voice 5: have all these professional reports and you have to bring everything up to what was formerly legally

[3:03:53] Voice 5: non-performing has to conform to current sense standards the trouble and of course the phenomenal

[3:03:59] Voice 5: expense that would involve people are spooked by that and that's why they're very uncomfortable

[3:04:05] Voice 5: with the continued uncertainty of that about what that distinction is we need more clarity

[3:04:11] Voice 5: ideally we would actually have a formula in there that would say a scale of repair within

[3:04:17] Voice 5: a certain period of time that gets to sort of x percentage that counts as a replacement versus

[3:04:24] Voice 5: just a repair something along those lines and the sizing and um um the the sizing of new or

[3:04:34] Voice 5: replacement docks is also provokes another issue for some residents uh that raises an interesting

[3:04:41] Voice 5: question that i think needs to be examined which is um if one of the reasons for resizing the

[3:04:49] Voice 5: the dogs to smaller scale is to permit increased amount of light or sorry a better way of putting

[3:04:56] Voice 5: that is to minimize the shade that's created by dogs so that eelgrass populations aren't

[3:05:07] Voice 5: adversely affected if that's the main reason for the sizing of the dogs or a major reason for the

[3:05:13] Voice 5: side of reducing the size of the dogs then that raises a question as to well why is there also

[3:05:20] Voice 5: the requirement being built in that the surface area of new or replacement dogs is also going to

[3:05:26] Voice 5: have a certain amount of transparency to light why is it both why is it why do we not have a

[3:05:33] Voice 5: formula that allows us to contemplate we might actually have a slightly larger dock that's more

[3:05:38] Voice 5: transparent but if you have a dock that's not particularly transparent it's going to have to

[3:05:43] Voice 5: to be smaller. What I'm talking about here is having greater flexibility built into the

[3:05:50] Voice 5: bylaw to allow flexibility on the part of people when they're building the docks to

[3:05:56] Voice 11: make choices. And I think, you know, I'm

[3:06:14] Voice 5: talking about potentially tweaking that aspect of

[3:06:16] Voice 5: the bylaws, but I think most people in Keats recognize that it's neither environmentally

[3:06:21] Voice 5: feasible or desirable for every waterfront lot like Keats to have its own dock.

[3:06:27] Voice 5: I mean, there have to be some limitations.

[3:06:31] Voice 5: We've had some comments about the challenges of sharing docks.

[3:06:37] Voice 5: And I think that's something we want to encourage as much as possible.

[3:06:43] Voice 5: And it's not clear to me that we've worked in enough positive incentives to encourage

[3:06:49] Voice 5: dock sharing.

[3:06:50] Voice 5: I'm very interested in exploring the possibility of sort of putting some really positive encouragements.

[3:06:57] Voice 5: Right now, the incentives that we have are more along the lines of, well, they're kind of mild, put it that way.

[3:07:05] Voice 5: They're not like they're not encouraging necessarily people to sort of, you know, rush into the idea of sharing dogs.

[3:07:13] Voice 5: dogs and you know i wish i could provide you with some like positive financial sort of incentives

[3:07:20] Voice 5: that would be encouraging i don't really have them at hand but i i do think that uh sharing dogs

[3:07:28] Voice 5: is really the way to go in terms of increasing or in terms of you know people who are boat access

[3:07:34] Voice 5: only they need to have dogs you know very few places on keats have are close to well it's not

[3:07:41] Voice 5: not true I mean like Keats Camp the main dock there the public dock there allows folks over

[3:07:48] Voice 5: Keats Camp to build bring in building supplies and things like that but there are many residents

[3:07:54] Voice 5: and I think most residents aren't close enough to one of the big docks and aren't connected to a road

[3:08:00] Voice 5: that allows them to bring in supplies for repairs and the usual sort of things home maintenance

[3:08:05] Voice 5: appliances whatever you want to call it so boat access is pretty critical for many residents

[3:08:12] Voice 5: So, we have this dilemma where we need docks, we actually need to have a process that allows

[3:08:18] Voice 5: people to build docks, but we don't want to over, you know, we don't want to over dock

[3:08:22] Voice 5: the island.

[3:08:23] Voice 5: So again, I'm repeating myself, basically saying, like, I really want to explore the

[3:08:28] Voice 5: possibility of, of creating some really creative encouragement in the form of incentives into

[3:08:33] Voice 5: the bylaws.

[3:08:35] Voice 5: That's the way it looks like to me right now, after we've heard those comments from the

[3:08:41] Voice 5: Now, I'd like to work with staff to explore some of those things so that we don't have to just debate this at every one of these meetings that we have, and so that we can actually bring this to a conclusion.

[3:08:51] Voice 5: But I think, from my perspective, this is the last piece of the puzzle.

[3:08:55] Voice 5: so i'm not sure whether like if we're going to have a public hearing i and you know i'm so new

[3:09:04] Voice 5: to this i'm anticipating the public hearing ought to be about the final version that we as

[3:09:13] Voice 5: trustees are comfortable with like this is it like this is like all of us are standing behind

[3:09:18] Voice 5: this this is it what

[3:09:20] Trustee Stamford (probable): can i speak okay

[3:09:21] Voice 5: yes because

[3:09:23] Trustee Stamford (probable): i'm having trouble with this from the office

[3:09:26] Trustee Stamford (probable): it seems like first of all everything's being focused on the property owners that have dogs

[3:09:35] Trustee Stamford (probable): there's lots of other property owners on gates and they all have interests in

[3:09:42] Trustee Stamford (probable): how the ocean is protected we are bending over backwards we've made lots of adjustments

[3:09:48] Trustee Stamford (probable): to help people that are living on the waterfront, small properties, with docks.

[3:09:56] Trustee Stamford (probable): I understand that, you know, I think we can be more clear on where docks should be built.

[3:10:04] Trustee Stamford (probable): I think there is some percentages out there.

[3:10:06] Trustee Stamford (probable): But in terms of encouraging people to do basic environmental protection,

[3:10:16] Trustee Stamford (probable): I'm not sure I can follow through with that.

[3:10:18] Trustee Stamford (probable): I feel that we are doing everything we can so they can have a bigger dock, they have more transparent

[3:10:25] Trustee Stamford (probable): walkways. Why not have a small dock and transparent walkways to protect the fore door,

[3:10:32] Trustee Stamford (probable): which is what we're trying to do. We're trying to give the land members all these, you know,

[3:10:38] Trustee Stamford (probable): reasons to be good. I'm like, enough. There is a point in our standards as Islands Trust

[3:10:48] Trustee Stamford (probable): trust and for sure being a priority that we have to take the step and say it is important to protect

[3:10:55] Trustee Stamford (probable): these the best way you can regardless if the dock is a little bit smaller or more transparent

[3:11:01] Trustee Stamford (probable): not one or the other let's be the best environmental stewards that we possibly can

[3:11:07] Trustee Stamford (probable): and I that is the angle I'm starting to go because I do feel that we are we have taken a number of

[3:11:16] Trustee Stamford (probable): adjustments to try and support it's understanding that there are some unique aspects to

[3:11:24] Trustee Stamford (probable): all the the waterfront and the water access law but at some point you have to say this is why we

[3:11:31] Trustee Stamford (probable): did this was for um for short protection and honestly in the end this is being so watered down

[3:11:39] Trustee Stamford (probable): i'm worried there's no point to it at all

[3:11:44] Voice 11: well i i find where i speak to these comments sure

[3:11:50] Voice 5: yeah i i find these comments uh intriguing i'm not entirely sure i know how to deal with it because

[3:11:56] Voice 5: when i look at the section 3 mandate the island's trust is not an ecological preserve

[3:12:03] Voice 11: it's

[3:12:04] Voice 5: not an environment protection agency what i'm hearing from you is watering down by less no

[3:12:11] Voice 5: it's not about watering anything down it's about designing bylaws that are fitting

[3:12:16] Voice 5: fitting for that island.

[3:12:19] Voice 5: Our mandate isn't just to protect the environment.

[3:12:22] Voice 5: It is to protect the natural environment,

[3:12:24] Voice 5: but within a context where the steps that we take,

[3:12:28] Voice 5: recognizing respect and quality of life of the people who live on the islands

[3:12:33] Voice 5: is also a factor.

[3:12:34] Voice 5: It's a balancing act.

[3:12:36] Voice 5: And what I'm struggling with here is trying to get to the right balance.

[3:12:39] Voice 5: What I'm hearing from you is,

[3:12:41] Voice 5: and I know you've been working on this project a lot longer than I have,

[3:12:44] Voice 5: is a certain amount of impatience and let's be honest exasperation with the residents of

[3:12:50] Voice 5: who want to see these bylaws to be as best the best type of bylaws they can be

[3:12:57] Voice 5: for their needs it's worth taking the time i don't agree that these have been watered down

[3:13:03] Voice 5: they've been shaped to fit the environment and

[3:13:08] Trustee Stamford (probable): the community what

[3:13:10] Voice 5: i mean the environment

[3:13:10] Voice 5: environment includes the community. It's the island. It's the way those people live. And

[3:13:18] Voice 5: it's not about placating existing dock owners. The question of clarifying the difference

[3:13:25] Voice 5: between replacement and repair is certainly relevant to people who have a condition of

[3:13:30] Voice 5: dock owners. But we're at the main issue that we're talking about. I'm talking about sharing

[3:13:33] Voice 5: docks and exploring the question of dock sizing. That's to address the needs of people

[3:13:41] Voice 5: who don't already have dogs who may need them. We've heard from the folks at Cheese Camp that

[3:13:48] Voice 5: they have some real challenges over there amongst themselves in terms of being able to have dogs.

[3:13:56] Voice 5: They have a situation where they had a share of dogs and now they're having disagreements.

[3:14:02] Voice 5: We've got to find a balance between giving people the access they need and protecting the

[3:14:09] Voice 5: environment that's what we're trying to do here but

[3:14:12] Trustee Stamford (probable): in keats camp you keep bringing out keats

[3:14:14] Trustee Stamford (probable): camp people they have access through the road they are not water access only

[3:14:19] Voice 5: to some extent

[3:14:21] Voice 5: that's true but i'm going to respect when they tell me you know that's not a complete answer

[3:14:27] Voice 5: to all of their needs i hear my

[3:14:29] Trustee Stamford (probable): concern is that this is going to be rejected by squash nation

[3:14:37] Trustee Stamford (probable): and that that will give them impetus to look at their own

[3:14:45] Trustee Stamford (probable): dock laws regulations so

[3:14:47] Trustee Stamford (probable): i mean and i think they would

[3:14:49] Voice 5: be well i'm not sure i don't know why you

[3:14:52] Voice 5: bring up the squamish nation it's not clear to me they have any squamish nation as it's to be

[3:14:57] Voice 5: consultant but it's not clear to me that it has the jurisdiction to sort of uh dictate what the

[3:15:03] Voice 5: the DOC requirements are at Keats Island.

[3:15:05] Trustee Stamford (probable): Other First Nations have dictated requirements in their areas.

[3:15:10] Voice 5: And I would like to...

[3:15:13] Voice 5: Thank you.

[3:15:14] Voice 5: That's the point I was going to make,

[3:15:15] Voice 5: because I don't know what the requirements are

[3:15:17] Voice 5: or specifically what jurisdictions you're referring to.

[3:15:20] Voice 5: But when you say you're afraid that the Swamish nation may turn it down,

[3:15:24] Voice 5: I mean, we have no control over that.

[3:15:27] Voice 5: It's not a question of simply passing these things

[3:15:29] Voice 5: for the sake of passing them.

[3:15:31] Voice 5: they have to be the right rules that work for the people who live there and if it turns out that we

[3:15:37] Voice 5: shape the rules and i'm not under any illusion that we'll be able to come up with bylaws and

[3:15:43] Voice 5: make everybody happy that's not how the real world works i'm not expecting it and this isn't some

[3:15:49] Voice 5: kind of ruse in order to sort of you know uh drive this into the crown and sort of dies

[3:15:56] Voice 5: death a thousand cuts it's really about respecting what we hear from the community

[3:16:01] Voice 5: addressing their needs in a balanced way this i'm confident these bylaws are going to pass

[3:16:08] Voice 5: and i you know i my remarks i was trying to be clear that i i think the outstanding issue here

[3:16:13] Voice 5: i don't have any other outstanding issues i'm hearing from the community that need to be

[3:16:18] Voice 5: addressed there were before they were addressed by the previous term by you and dad

[3:16:25] Voice 5: it's the dog kitchen that's outstanding these things need to be clarified now it may be that

[3:16:29] Voice 5: some of the points i brought up that what we have now may well be as good as we can have it

[3:16:35] Voice 5: but what i was hearing is a community wants us to look at that more carefully and you know again

[3:16:43] Voice 5: i'll bring back to my favorite example the distinction between repair and replace there's

[3:16:49] Voice 5: an ambiguity there that puts people at the mercy of fast interpretation and you know staff may be

[3:16:56] Voice 5: be great this year but i don't know what it's going to be like in 10 years and it's like things

[3:17:00] Voice 5: that are that important are not to be subject to staff discretion you need to have really clear

[3:17:06] Voice 5: guidance so that the people the public knows exactly what they're they're in for now it's

[3:17:12] Voice 5: just one issue and i think if that was the only issue that would be worth exploring and dealing

[3:17:17] Voice 5: with you don't just sweep it under the carpet now there may be other things uh some of the

[3:17:21] Voice 5: others that I brought up. I'm realistic

[3:17:23] Voice 5: about this. It may be that we've got

[3:17:25] Voice 5: as good as we can get with

[3:17:27] Voice 5: those bylaws in terms of striking the balance.

[3:17:29] Voice 5: I'm just not sure.

[3:17:30] Voice 5: But I do know there are a few things that we can

[3:17:33] Voice 5: improve. Incentives, as I mentioned

[3:17:35] Voice 5: before, and also clarifying this

[3:17:37] Voice 5: distinction. Those are important. At a

[3:17:39] Voice 5: minimum, we've got to address this.

[3:17:41] Voice 5: And I'm not saying this to delay the

[3:17:43] Voice 5: process. I mean, if we want to

[3:17:45] Voice 5: schedule a public hearing, I'm

[3:17:47] Voice 5: fine with that. I just want to make sure that

[3:17:49] Voice 5: what goes between now

[3:17:51] Voice 5: Now and then, we fine-tune these bylaws so that they are basically something I'm satisfied is suitable for the population.

[3:18:03] Voice 5: And then we'll have a public hearing, and people will come, and I'm sure some people won't like those either.

[3:18:09] Voice 5: But I'm not satisfied that we have got as good as we can at this moment.

[3:18:16] Trustee Stamford (probable): in a way of moving this forward is there um a percentage that can be used for replace versus

[3:18:26] Trustee Stamford (probable): repair is that i would have to to look into that so it would yeah

[3:18:33] Planner (probable): i would need a resolution from

[3:18:34] Planner (probable): the ltc around specifically what they would like from staff and then i would come back to the

[3:18:40] Planner (probable): next ltc meeting with a report and proposed amendments

[3:18:47] Voice 5: so that may speak on that point i i don't want us to get into a time-consuming exercise

[3:18:54] Voice 5: where we tweak things by resolution what i would like to do is work with wireless

[3:19:00] Voice 5: about these different issues and come back to the local trust committee

[3:19:04] Voice 5: with some proposed changes if they're necessary and just deal with them all

[3:19:10] Voice 5: works and that the resolution would be like something i've come up with um it'd be my

[3:19:16] Voice 5: resolution but i will i would have worked on some of the technical stuff with marvis

[3:19:21] Voice 5: and i still i don't want to propose things that aren't feasible okay

[3:19:25] Trustee Stamford (probable): i'm okay with that but i

[3:19:27] Trustee Stamford (probable): want to i want to be able to see what the process is in how we got there and where we were at

[3:19:33] Trustee Stamford (probable): because I do feel that we have been adjusting dock size and composition in order to mitigate

[3:19:42] Trustee Stamford (probable): people's concerns. And I'm just not sure how much more we can keep going in that direction.

[3:19:49] Voice 5: I'm not sure either. But I'm viewing this as it's still an outstanding concern.

[3:19:56] Voice 5: I want to double check on the dock size issue. Okay. So there's no...

[3:20:02] Voice 5: so so the issue before us now is the public hearing aspect of it how do we get to the process

[3:20:12] Voice 5: requires to move this along the next step in the process of public hearing do

[3:20:17] Voice 5: we defer the

[3:20:17] Voice 5: scheduling of public hearing to another meeting or do we schedule a public hearing for a particular

[3:20:23] Voice 5: date and then work our way back to how the resolution i'm contemplating is happens at some

[3:20:31] Voice 5: others you know happens before that public hearing so that we actually have the final

[3:20:37] Voice 5: bridge in the bylaws ready to go in front of um uh you know at the public hearing stage

[3:20:43] Voice 5: you

[3:20:44] Voice 11: know i i i actually i genuinely don't know how to negotiate um and more

[3:20:53] Voice 3: or less or uh renee

[3:20:54] Voice 3: you can try more our next meeting is scheduled for october second um i'm not sure when the

[3:21:01] Voice 3: And the following meeting is, it must be December or January.

[3:21:03] Voice 3: I think it's November.

[3:21:04] Voice 3: I think it's end of November.

[3:21:06] Voice 3: Well, that's better.

[3:21:08] Voice 3: That's better than I anticipated.

[3:21:10] Voice 3: So I'll just wind all the way back here.

[3:21:12] Voice 3: You've raised a really important point right at the beginning,

[3:21:15] Voice 3: which is this discussion happened at the CIM.

[3:21:18] Voice 3: And I think it would be not our best day

[3:21:23] Voice 3: to go from community information, not making the amendments,

[3:21:26] Voice 3: and going to public hearing.

[3:21:27] Voice 3: What we want to do is actually have a draft bylaw

[3:21:30] Voice 3: that we've agreed upon ideally come to the October meeting and schedule public hearing for the

[3:21:37] Voice 3: November meeting where we've said in the October meeting this is the draft we're happy with then

[3:21:42] Voice 3: you go to public hearing we hear whether or not what level of the standard we've met right um and

[3:21:48] Voice 3: then uh indeed it flows on from there so you with me that

[3:21:54] Planner (probable): that would be my suggestion I think that's

[3:21:56] Planner (probable): something that's going to do it so

[3:21:57] Voice 3: i you know looking at this list there's a number that are

[3:22:00] Voice 3: just

[3:22:01] Planner (probable): uh

[3:22:02] Voice 3: you know interesting things um and clarifications and things and then there's a

[3:22:09] Voice 3: little bit more detail that needs to be added or removed as you indicated but i think it would be

[3:22:15] Voice 3: appropriate today for a motion to come forward to and i think it's a a good offer for um trustee

[3:22:23] Voice 3: to work with staff to resolve a final draft for us to potentially endorse at the October 17th meeting

[3:22:32] Voice 3: and what we should you know I don't know whether you want real detail here but I and I'll just

[3:22:39] Voice 3: toss out just to answer the whole question about repair and replace the existing policy associated

[3:22:45] Voice 3: associated with a building on the shoreline that doesn't meet a current bylaw is that if 75% of

[3:22:54] Voice 3: the building is replaced, then that's a new construction. If it's less than 75%, then it's

[3:23:00] Voice 3: a repair. I would imagine that we could apply something like that. And so if in year one,

[3:23:05] Voice 3: they did 50% of the dock, and in year two, they did the other 50% of the dock, we're not going

[3:23:10] Voice 3: going to split hairs right so i would say there's a mechanism and using that which is a well

[3:23:16] Voice 3: established model about replacement for the fire or or otherwise and then um i think the questions

[3:23:23] Voice 3: about water access only sure let's get a definition whatever it is but i think use that list have that

[3:23:30] Voice 3: conversation and ideally work towards a draft for october yeah and we couldn't we could to get

[3:23:36] Voice 3: everybody's attention which is a good idea too is we could schedule the public hearing for november

[3:23:41] Voice 3: now and then and that draft bylaw will be available in october i'm glad okay over to you guys

[3:23:51] Voice 11: i

[3:23:52] Voice 5: move that uh trustee bernardo works with plan mccarver to review

[3:23:59] Voice 5: review the information obtained from the public at the community information meeting and

[3:24:09] Voice 11: propose

[3:24:12] Voice 11: such amendments to the draft

[3:24:16] Voice 5: bylaws as may be required for the October 17th and to bring back

[3:24:25] Voice 5: agri-frized draft of the bylaws to the LPC for consideration at the October 17,

[3:24:34] Voice 11: 2023 meeting.

[3:24:40] Voice 11: Sounds pretty good.

[3:24:48] Trustee Stamford (probable): Did you get that?

[3:24:50] Voice 13: I did.

[3:24:50] Voice 13: You're awesome.

[3:24:51] Voice 13: Do you want me to read it out loud?

[3:24:52] Voice 3: That would be fantastic.

[3:24:53] Voice 13: That Trustee Bernardo worked with item planner McCarver to review the information obtained

[3:25:00] Voice 13: from the public information meeting

[3:25:02] Voice 13: and propose such amendments to the draft bylaws

[3:25:05] Voice 13: as may be required and to bring that devised draft

[3:25:08] Voice 13: of the bylaws to the local trust committee

[3:25:12] Voice 13: for consideration at the October 17th, 2023 meeting.

[3:25:17] Voice 3: Is that what you intended?

[3:25:18] Voice 3: Yes.

[3:25:19] Voice 3: I just want to turn to staff.

[3:25:20] Planner (probable): Well, I just wanted to ask,

[3:25:22] Planner (probable): so when the LTC wants to get support from staff,

[3:25:28] Planner (probable): you know, if we're looking at certain recommendations

[3:25:30] Planner (probable): and why things are decided, typically it's not going to be staff working directly with one

[3:25:36] Planner (probable): trustee. It would be staff giving the direction to then provide the whole LTC with the information

[3:25:42] Planner (probable): that informed those changes. That's my concern is that you're going to see changes. You're not

[3:25:47] Planner (probable): going to know what led to those changes.

[3:25:50] Voice 5: My suggestion is this. I'm not contemplating

[3:25:53] Voice 5: that there's going to be a lot of changes. There's going to be, if there are any, there'll be few

[3:26:00] Voice 5: they can be prominent i don't think we need a staff report what i'm contemplating is basically

[3:26:07] Voice 5: i want to be in a position to propose some amendments if they're necessary at october

[3:26:14] Voice 5: and i can explain them you can orally sort of throw in your two bits worth in terms of where

[3:26:19] Voice 5: the staff's coming from we don't necessarily have to have a written report just because we

[3:26:23] Voice 5: do we traditionally do things that way it doesn't mean we're bound to do it it seems to me this is

[3:26:28] Voice 5: lot more efficient now if uh i'm not anticipating that the proposals i put in there would be

[3:26:36] Voice 5: something that planner mccarter would disagree with but if there are disagreements then we have

[3:26:42] Voice 5: to hear from her the local trust committee is going to have to do the work well

[3:26:46] Trustee Stamford (probable): i don't think

[3:26:47] Trustee Stamford (probable): i want to put uh staff in a position where they are disagreeing with the the trustees um

[3:26:54] Voice 11: But

[3:26:55] Trustee Stamford (probable): I do, anything that you're coming up with, I would like to see, like, where we started from.

[3:27:03] Trustee Stamford (probable): Specifically around the size of DOPS, because I can see us adjusting, adjusting, adjusting.

[3:27:09] Trustee Stamford (probable): I've forgotten where we started with the original.

[3:27:13] Voice 3: So is this a separation where we can see together something that's like what it's often done,

[3:27:18] Voice 3: to a red line document where you'd have the one,

[3:27:21] Voice 3: then you'd have the proposed amendments,

[3:27:23] Voice 3: which would be collaboratively worked on

[3:27:26] Voice 3: that would seem in everybody's,

[3:27:29] Voice 3: both of your opinion would be acceptable

[3:27:31] Voice 3: to the remainder of the ELSA fleet.

[3:27:33] Voice 3: And then that red

[3:27:33] Voice 3: line version would be brought to us

[3:27:35] Voice 3: and we would go, yes, we like this one,

[3:27:36] Voice 3: no, we don't like this one.

[3:27:37] Voice 3: And then we would, at the end of the day say,

[3:27:41] Voice 3: we are, we're gonna

[3:27:42] Voice 3: give this second reading

[3:27:44] Voice 3: or whatever it is that's necessary

[3:27:45] Voice 3: in order to get it to

[3:27:47] Planner (probable): the public hearing stage.

[3:27:48] Planner (probable): you're not when you say you're not suggesting that there would be options brought to the LTC no no

[3:27:53] Planner (probable): yeah typically it would just be staff will make a recommendation based on the professional analysis

[3:27:59] Planner (probable): and you would bring forward those amendments and we can do a track changes document so that you

[3:28:04] Planner (probable): could could see the changes but typically there would be some you know backgrounds and justification

[3:28:10] Planner (probable): behind those so you could provide a

[3:28:12] Voice 3: summary yeah right not too much detail probably um so does that

[3:28:17] Voice 3: that sound like the objective it

[3:28:20] Voice 5: does i mean if uh marlis is i don't know but i don't want to put

[3:28:25] Voice 5: marlis unnecessary work in terms of the formality of some of these briefing reports it

[3:28:31] Voice 5: you know regurgitating all the past history all that kind of stuff let's just cut to the chase

[3:28:34] Voice 5: make some propose some amendments have the rationale ready to explain them consign it to

[3:28:40] Voice 5: writing if it's easy enough bring them forward the ltc as a whole could consider them work through

[3:28:45] Voice 5: them and then we're done so

[3:28:48] Planner (probable): just like is there you want that entire list that's in the staff

[3:28:52] Planner (probable): report considered one two three four five six seven nine ten

[3:28:55] Voice 3: items there the

[3:28:56] Voice 5: way i'm looking

[3:28:56] Voice 5: at it is that's i think the staff report at that page fairly summarizes what was commented on at

[3:29:05] Voice 5: the community information meeting it doesn't necessarily mean that we have to address each

[3:29:10] Voice 5: each and every point with amendments

[3:29:12] Voice 5: or proposed amendments or a discussion.

[3:29:15] Voice 5: I'm contemplating that you and I will work informally,

[3:29:18] Voice 5: focus on the doc issues,

[3:29:19] Voice 5: because that's my understanding

[3:29:20] Voice 5: what the community is most concerned about,

[3:29:25] Voice 5: and work through those various issues

[3:29:29] Voice 5: and we come back to the local trust committee

[3:29:32] Voice 5: with whatever the proposed changes, if any, are gonna be.

[3:29:36] Voice 5: But I'm not contemplating that we're gonna have to just

[3:29:38] Voice 5: like grind to each one of those bullet points

[3:29:40] Voice 5: with some kind no there's some specific things that need to be addressed once to case distress

[3:29:46] Voice 5: it's the doc issue but you know as

[3:29:49] Trustee Stamford (probable): long as we're focusing in and we'll just keep going

[3:29:52] Trustee Stamford (probable): and we

[3:29:54] Voice 3: want to be respectful of the community information process because otherwise it's just

[3:30:00] Voice 3: just representing yeah exactly so let me just ask so marlas you're okay with the conversation you

[3:30:06] Voice 3: heard and then i want to turn to your boss uh renee uh jamara um are you comfortable with

[3:30:14] Voice 3: um this as a scope of work for your staff through

[3:30:18] Trustee Stamford (probable): the chair i think um making a motion to identify

[3:30:22] Trustee Stamford (probable): I heard the two concerns of that summary about the DOC, looking at the proposed DOC regulations,

[3:30:33] Trustee Stamford (probable): clarifying the regulations on the legal non-conforming status for the DOCs.

[3:30:37] Trustee Stamford (probable): Those are the two big areas.

[3:30:39] Voice 3: But I think we asked for that list.

[3:30:41] Voice 3: Didn't we not?

[3:30:41] Voice 3: Let me

[3:30:42] Voice 3: hear the motion again.

[3:30:43] Trustee Stamford (probable): I think if you could be more, give some focus to the kinds of changes that would be discussed

[3:30:51] Trustee Stamford (probable): and then the process that you described about bringing forward a red line document

[3:30:56] Trustee Stamford (probable): with a little bit of explanation to that makes sense for the October meeting to proceed with

[3:31:03] Trustee Stamford (probable): okay

[3:31:04] Voice 3: can we hear the motion and then confirm to me that you want that expanded in some way

[3:31:14] Voice 13: trustee bernardo worked with island planning recorder to review the information obtained

[3:31:18] Voice 13: from the public information meeting and propose such amendments to the draft bylaws as may be

[3:31:24] Voice 13: required and to bring that revised draft to the bylaws to the local trust committee for

[3:31:28] Voice 13: consideration at the October 17, 2023 meeting.

[3:31:33] Voice 3: So perhaps you might add and just help me out

[3:31:36] Voice 3: that in that where it says go over the information from the CIN as itemized on page two of the staff

[3:31:43] Voice 3: before that's what i would contain that too i think that

[3:31:47] Trustee Stamford (probable): would give some direction better

[3:31:49] Trustee Stamford (probable): direction okay

[3:31:50] Voice 11: yeah that's fine yeah all right

[3:31:53] Trustee Stamford (probable): and then going through that process it's a little bit

[3:31:56] Trustee Stamford (probable): um conventional for trustees to work directly with staff um on amendments yeah i i think it

[3:32:04] Trustee Stamford (probable): would be managed as long as it comes back through with the red line that all of the trustees would

[3:32:09] Trustee Stamford (probable): would see with the description of the changes would be good.

[3:32:16] Trustee Stamford (probable): I

[3:32:16] Voice 3: think we're on the right track.

[3:32:17] Voice 3: So

[3:32:17] Trustee Stamford (probable): you'd be on the right track.

[3:32:18] Voice 5: And you mentioned, Renee, as being unconventional.

[3:32:22] Voice 5: It seems to me a matter of I suspect trustees

[3:32:32] Voice 5: ought to be doing more of that in the sense

[3:32:34] Voice 5: that if we're passing bylaws on behalf of our communities,

[3:32:38] Voice 5: we ought to be drafting them with staff,

[3:32:40] Voice 5: not just simply being passive recipients of whatever the staff comes up with I mean the

[3:32:46] Voice 4: dialogue with the community

[3:32:47] Voice 5: you know but the guy I mean an act I think trustees actively being

[3:32:52] Voice 5: involved in working with staff is going to be more efficient in the long run a lot less wasted work

[3:32:57] Voice 5: through

[3:32:58] Trustee Stamford (probable): the chair that's um I agree with that um maybe not one-on-one it's usually

[3:33:04] Trustee Stamford (probable): within the global workshop yeah so i want to move this along

[3:33:14] Voice 3: so we have the resolution yeah so that's moved and seconded i believe and we've had the discussion

[3:33:21] Voice 3: i'll call the vote all those in favor that can that's beautiful thank

[3:33:25] Voice 5: you okay

[3:33:26] Voice 3: so we're going

[3:33:27] Voice 3: to really move through the rest of this correspondence we received tons of it with

[3:33:31] Voice 3: respect to the temporary use permit and that goes with the file we have a piece of correspondence

[3:33:37] Voice 3: circulated to by executive committee which is just for information uh regarding species at risk

[3:33:43] Voice 3: check in promotions canada assuming we receive that information i

[3:33:48] Trustee Stamford (probable): learned all sorts of things

[3:33:49] Trustee Stamford (probable): so therefore

[3:33:50] Voice 3: we'll just receive that information so the next item is two new business items here

[3:33:57] Voice 3: Sunshine Coast Regional District

[3:33:59] Voice 3: Growth Framework Baseline Research.

[3:34:03] Trustee Stamford (probable): I put that on.

[3:34:05] Trustee Stamford (probable): Yeah, go ahead.

[3:34:06] Trustee Stamford (probable): Okay, so I just want to comment to this.

[3:34:08] Trustee Stamford (probable): I'm not sure how far to go with it.

[3:34:11] Trustee Stamford (probable): Keep it brief.

[3:34:12] Trustee Stamford (probable): This is an initiative from the regional district.

[3:34:14] Trustee Stamford (probable): They asked for a regional growth framework

[3:34:18] Trustee Stamford (probable): to move forward on their regional growth strategy.

[3:34:22] Trustee Stamford (probable): And looking at this report,

[3:34:24] Trustee Stamford (probable): I was kind of surprised.

[3:34:26] Trustee Stamford (probable): it was very high level for the um the amount of time and effort and money that went into it

[3:34:33] Trustee Stamford (probable): it was pretty uh you know straightforward um but there was an inconsistency on how they

[3:34:40] Trustee Stamford (probable): approached the island's trust so i did ask that this be sent here as a referral i what i wish i'd

[3:34:48] Trustee Stamford (probable): done is gone through line by line to say where the island's trust should be mentioned but specific

[3:34:55] Trustee Stamford (probable): what I could do is provide a more general statement for consideration by the local trust committee

[3:35:04] Trustee Stamford (probable): that asks that the regional growth plan include a statement about the analyst trust

[3:35:13] Trustee Stamford (probable): in further reports because unfortunately this report is done there's no massaging this but

[3:35:21] Trustee Stamford (probable): But in future, that any further work done on regional growth

[3:35:27] Trustee Stamford (probable): in the Sunshine Coast region have a specific statement

[3:35:30] Trustee Stamford (probable): that clarifies the role for Islands Trust

[3:35:33] Trustee Stamford (probable): and where it fits and doesn't fit in further reports.

[3:35:39] Trustee Stamford (probable): And an example is they included,

[3:35:43] Trustee Stamford (probable): islands should be seen as having some growth

[3:35:47] Trustee Stamford (probable): in certain areas.

[3:35:48] Trustee Stamford (probable): Well, they can include the islands in that.

[3:35:52] Trustee Stamford (probable): because we're not we're not covered by them so I was eventually looking for a basic statement so

[3:35:58] Trustee Stamford (probable): I'm happy to put a basic statement together I didn't have it ready um but I could put that

[3:36:05] Trustee Stamford (probable): together for the next local trust committee so

[3:36:09] Voice 3: we should bring this subject back to our next

[3:36:12] Voice 3: because there's

[3:36:14] Trustee Stamford (probable): nothing we can do about this report that's the problem I have and it's done

[3:36:20] Trustee Stamford (probable): There's no there's no going back on it. But I do think we need to be clear in the future, the regional district, how the local trust community specifically fits into their world.

[3:36:31] Trustee Stamford (probable): be so

[3:36:33] Voice 3: is that satisfactory that my general consent will ask for this item to come back to our next

[3:36:36] Voice 3: meeting and trustee stack will provide it or

[3:36:40] Trustee Stamford (probable): okay okay

[3:36:43] Trustee Stamford (probable): and i'll i'll have something put together i

[3:36:45] Trustee Stamford (probable): can send it to renee for the chair um the regional district in the 90 and their regional growth

[3:36:53] Trustee Stamford (probable): strategy update has a statement that refer to how the jurisdiction of the honest trust works so

[3:36:58] Trustee Stamford (probable): So take a look at that, because that was recently done this year.

[3:37:02] Trustee Stamford (probable): Okay.

[3:37:03] Trustee Stamford (probable): And we can be great.

[3:37:05] Trustee Stamford (probable): Okay.

[3:37:06] Trustee Stamford (probable): Great.

[3:37:06] Trustee Stamford (probable): Thanks.

[3:37:07] Trustee Stamford (probable): That really helps me.

[3:37:08] Trustee Stamford (probable): We'll

[3:37:09] Voice 3: move on to census infographics briefing.

[3:37:12] Trustee Stamford (probable): Yeah, that was cute.

[3:37:13] Trustee Stamford (probable): It was me?

[3:37:15] Trustee Stamford (probable): No, that was cute.

[3:37:17] Trustee Stamford (probable): How Gambier does not fit into any.

[3:37:20] Voice 3: Oh, wow.

[3:37:20] Voice 3: It's the same, yeah.

[3:37:22] Voice 3: Yeah.

[3:37:23] Voice 3: I think that's for information that came.

[3:37:25] Voice 3: No, I didn't.

[3:37:26] Trustee Stamford (probable): in

[3:37:26] Voice 3: dc but yeah it's sort of useful yeah so let's just receive that okay so going to report your

[3:37:35] Voice 3: trust conservancy report dated june 2023 again i'd like to provide greater justice to us conservancy

[3:37:43] Voice 3: works but while we're free that's it just really

[3:37:46] Trustee Stamford (probable): quick i'm just really glad after all these years

[3:37:49] Trustee Stamford (probable): that the hot word uh proposal did come through because

[3:37:53] Trustee Stamford (probable): that's many many years of

[3:37:55] Trustee Stamford (probable): back and forth back and forth and their commitment to um conservation is is tremendous yeah

[3:38:03] Voice 3: so next

[3:38:04] Voice 3: item is application report dated august 22nd what page

[3:38:09] Trustee Stamford (probable): is that one again that's

[3:38:10] Voice 3: on page 102

[3:38:13] only

[3:38:14] Voice 11: 11 more to go

[3:38:19] Voice 3: that's but from other trustees trust committees that's small so it's all doable yeah

[3:38:26] Trustee Stamford (probable): um any

[3:38:27] Voice 3: Any questions for staff?

[3:38:29] Trustee Stamford (probable): I did have some questions about the Delaney coming,

[3:38:33] Trustee Stamford (probable): but I think it's further down where they get,

[3:38:38] Trustee Stamford (probable): they're getting money back.

[3:38:41] Voice 11: Yes.

[3:38:41] Trustee Stamford (probable): Further through the,

[3:38:42] Trustee Stamford (probable): here, let's see if it's highlighted.

[3:38:47] Trustee Stamford (probable): It's in the DBP's refund memo,

[3:38:50] Trustee Stamford (probable): the finance forwarded to RPM on page 105.

[3:38:58] Trustee Stamford (probable): Yep. So what's that?

[3:38:59] Planner (probable): They just, they had an application in for a EVP, I believe, and then it was decided that they actually needed an EVP, and they were trying to be, well, they didn't do

[3:39:12] Planner (probable): much, but it's

[3:39:13] Trustee Stamford (probable): still going to come through to us, because that's quite an issue.

[3:39:16] Trustee Stamford (probable): Yeah, it's going to be next year.

[3:39:20] Trustee Stamford (probable): And I think, let me just see if there's any further ones.

[3:39:25] Trustee Stamford (probable): I like it, you know, that was the only one that I liked.

[3:39:27] Trustee Stamford (probable): like it thanks

[3:39:28] Voice 3: so then trustee expense and budget reporters there you had a question associated with

[3:39:35] Voice 3: that um and that's for information and um the finance staff can answer any more detailed

[3:39:41] Voice 3: questions so we'll just receive it for information still in the black adopted policies and standing

[3:39:48] Voice 3: resolutions that's there for information unless you plan to change anything first nation's

[3:39:53] Voice 3: activities anything to report work with the squamish nation is amazing it's coming we'll

[3:39:59] Voice 3: We'll see more on that section.

[3:40:00] Voice 3: Talk to somebody about the dog.

[3:40:02] Voice 3: This may open up more.

[3:40:03] Voice 3: Local Trust Committee webpage, unless there's something other than the ordinary, do you want to change?

[3:40:08] Voice 3: No, that's fine.

[3:40:09] Trustee Stamford (probable): But that was something I should have highlighted in the report.

[3:40:11] Trustee Stamford (probable): I found that meeting that we had with the education staff was very good.

[3:40:17] Trustee Stamford (probable): Yeah, that was great.

[3:40:18] Trustee Stamford (probable): And I hope something comes out of that that we can work with.

[3:40:22] Voice 3: Now here we have active projects report dated August 22nd and future project report dated August 22nd, and I believe, Justin Stanford, you added a new item to future projects list, correct?

[3:40:36] Voice 3: Okay, so are there any questions with respect to the current project on the way?

[3:40:41] Trustee Stamford (probable): Okay,

[3:40:42] Voice 3: and then is there any further work associated with future projects?

[3:40:46] Okay.

[3:40:49] Voice 3: Look at that.

[3:40:50] Voice 3: Our next meeting is October 17th.

[3:40:52] Voice 3: We seem to have passed over the notion about whether or not we actually want to schedule a public hearing in November.

[3:41:01] Voice 3: If not, it seems to me that would be proactive. It

[3:41:06] Trustee Stamford (probable): would put people on notice.

[3:41:08] Trustee Stamford (probable): What do you think? It puts us on notice to be ready too.

[3:41:11] Trustee Stamford (probable): Yes,

[3:41:14] Voice 5: I don't object to that.

[3:41:17] Voice 5: i think it's fine if we passed if we had a resolution scheduling a public hearing of them

[3:41:22] Voice 5: for the at the november meeting i don't know if that is if we have regular business at that

[3:41:31] Voice 5: meeting and the public hearing i don't

[3:41:34] Voice 5: know if the two could work together and i noticed that

[3:41:38] Voice 5: marla's opening remarks was talking about scheduling another community information

[3:41:42] Voice 5: community information meeting and public hearing is the theory behind that that it would be like

[3:41:48] Voice 5: a dual meeting where it's it's not just a public hearing but also we do a community information

[3:41:54] Voice 5: part of it before the meeting

[3:41:56] Planner (probable): yeah just typically we'll do just a really short you know just be a

[3:42:00] Planner (probable): little presentation about the bylaw and we call out the community information portion

[3:42:03] Planner (probable): public hearing um you can do it two ways which is scheduled standalone cim public hearing or tack it

[3:42:11] Planner (probable): on to a ldc meeting it's done always yeah

[3:42:15] Voice 5: my only question is whether or not uh the regular business

[3:42:21] Voice 5: and the cim slash public hearing part is going to be too much for one meeting i don't know but

[3:42:27] Voice 5: i mean

[3:42:28] Voice 11: well

[3:42:30] Voice 3: it wouldn't be any more lengthy than what we've just gone through for temporary use

[3:42:35] Voice 3: permanent or was not a public hearing.

[3:42:36] Voice 3: That's probably the best way to do it.

[3:42:39] Voice 3: In that case, if we've done good work,

[3:42:42] Voice 3: it should be

[3:42:44] Voice 3: relatively up.

[3:42:45] Voice 5: We could schedule that public hearing

[3:42:48] Voice 5: for November, but that's an act of faith

[3:42:50] Voice 5: counting that in October we will

[3:42:52] Voice 5: actually get it done.

[3:42:53] Voice 3: Let's do

[3:42:53] Voice 5: it.

[3:42:56] Voice 5: Is this all doable?

[3:42:59] Voice 5: It

[3:42:59] Planner (probable): would be November

[3:43:01] Planner (probable): 21st would be the next

[3:43:02] Planner (probable): LTC meeting after the October

[3:43:04] Planner (probable): meeting.

[3:43:05] Planner (probable): So

[3:43:05] Voice 3: we'll just say the next, the November LTC meeting.

[3:43:09] Voice 5: So somebody has to make that motion.

[3:43:10] Voice 5: Yes, please.

[3:43:11] Voice 5: Over to you, Peter.

[3:43:14] Voice 3: The Gambier Island Local Trust Committee scheduled public hearing for bylaw XYZ.

[3:43:21] Voice 3: 153, 154.

[3:43:22] Voice 3: 153, 154 for the November LTC meeting.

[3:43:27] Voice 3: Seconded.

[3:43:28] Voice 3: Seconded.

[3:43:28] Voice 5: Oh my God, hang on.

[3:43:29] Voice 5: Seconded.

[3:43:30] Voice 5: Seconded.

[3:43:31] Voice 5: Seconded.

[3:43:32] Voice 5: Seconded by the Chief Probable Manager.

[3:43:34] Voice 5: to

[3:43:34] Planner (probable): ask uh clarification would that be electronic or in person the meeting is currently scheduled

[3:43:39] Planner (probable): i'm assuming that's

[3:43:40] Voice 3: the

[3:43:55] Trustee Stamford (probable): way to change it in person uh on the north shore all right

[3:44:01] Voice 3: Thank you.

[3:44:02] Voice 3: That carries.

[3:44:05] Voice 3: Is there any further business today?

[3:44:06] Voice 3: Otherwise, I'll call for adjournment.

[3:44:08] Voice 3: All those in favor?

[3:44:10] Voice 3: Thank you.

[3:44:10] Voice 3: Well done.

[3:44:11] Voice 3: Thank you, everybody, members of the public, for joining us.

[3:44:13] Voice 3: I hope that we've done good today.

[3:44:18] Voice 3: And thanks, staff, for helping us to make these great decisions.

[3:44:23] Voice 3: So that's it for this health-efficient meeting today.

[3:44:26] Trustee Stamford (probable): Not only have we done good, we've done well.

[3:44:34] Voice 11: so when's the storm are we turning on 3 10

ADOPTED 
 
 
 
 
Gambier Island ADOPTED 1 
Local Trust Committee Minutes 
August 29, 2023 
 
Gambier Island Local Trust Committee 
Minutes of Regular Meeting 
 
Date:  
Location:  
August 29, 2023 
Gambier Island Community Centre 
Andy's Bay Road, Gambier Island, BC 
 
Members Present: Peter Luckham, Chair 
 Kate-Louise Stamford, Trustee 
 Joe Bernardo, Trustee 
  
Staff Present: Renée Jamurat, Regional Planning Manager 
 Marlis McCargar, Island Planner 
 Sonja Zupanec, Island Planner (attended electronically) 
 Warren Dingman, Manager, Compliance & Enforcement (attended 
electronically) 
 David Marlor, Director, Legislative Services (attended electronically) 
 Diane Corbett, Recorder 
  
Others Present: There were approximately thirty-five (35) members of the public in 
attendance during the morning session, and thirty-one (31) members of 
the public in attendance during the afternoon session. 
1. CALL TO ORDER 
“Please note, the order of agenda items may be modified during the meeting. Times are provided 
for convenience only and are subject to change.” 
Chair Luckham called the meeting to order at 11:03 am. He acknowledged that the meeting was 
being held on the territory of the Coast Salish First Nations. Trustees and staff were introduced. 
2. APPROVAL OF AGENDA 
By general consent the agenda was approved as presented. 
3. REPORTS 
3.1 Trustee Reports 
Trustee Stamford reported on the following activities: 
 Eastbourne Community Association Annual General Meeting. 
 Gambier Community Association concerns regarding wildfires, especially in Halkett 
Bay Provincial Park and unauthorized beach fires. 

ADOPTED 
 
 
 
 
Gambier Island ADOPTED 2 
Local Trust Committee Minutes 
August 29, 2023 
 Trust Council meeting on Pender Islands in September will focus on strategic 
planning. 
Trustee Bernardo remarked that he would reserve his comments to the discussion of 
the agenda item on the proposed bylaws for the Keats Island Shoreline Protection 
Project. 
3.2 Chair's Report 
Chair Luckham indicated he was impressed with the Gambier Island Fire Equipment 
Group, fire storage area and water supply, and expressed thanks to Gambier Island Fire 
Equipment Group participants for being on-call. 
 
Getting ready for Trust Council at the end of September on North and South Pender. 
Prior to that, staff and elected officials will meet at the annual Union of BC 
Municipalities (UBCM) Conference. 
3.3 Electoral Area Director's Report 
Electoral Area F (West Howe Sound) Director Stamford reported on the following: 
 SCRD focus has been on water issues. Joint application to the federal government 
with Sechelt Nation for a reservoir above the District of Sechelt.  
 Docks: Hopkins Landing dock is closed; there is a budget to have it fixed, hopefully 
within a year. New Brighton dock situation is awaiting the water lease from the 
province. 
 Emergency services planning is an issue across Area F. Trustee had asked that 
specific areas be brought forward as priorities, including Fircom plateau near public 
access. It will be an individual responsibility. 
 Looking to expand fire service beyond YMCA camp and Williamsons Landing. If this 
goes through, service would be provided by Gibsons fire service. Not an option 
provided for the islands. 
4. DELEGATIONS – none  
5. PUBLIC COMMENTS 
Chair Luckham described this section of the agenda and invited those in attendance to 
comment. 
 
The Chair noted there was a Temporary Use Permit (TUP) on the agenda, and that lot of 
correspondence regarding the TUP application had been received. People adjacent to the 
property were invited to comment, followed by others located further away from the property. 
A resident from a neighbouring property noted he was most affected, living beside a shared 
easement the applicant was using to access their lot. His observations included: many people 
coming and going; sewage coming down the lane; people smoking, looking into windows and 
acting disrespectfully. Islands Trust was not acting promptly in allowing the operation to 
continue all summer. He is strongly opposed. 

ADOPTED 
 
 
 
 
Gambier Island ADOPTED 3 
Local Trust Committee Minutes 
August 29, 2023 
Another immediate neighbour, remarked the applicant had operated an unlawful business for 
almost a year and that it was past time to shut it down. He requested that the LTC pass a 
resolution that the applicant proceed no further. Issues included: opposition from the 
community; insufficient infrastructure to support the operation in terms of waste, fire 
suppression, and medical services; the proposal does not offer benefits to the community; the 
proponents have not taken steps to mitigate issues, such as the installation of signage to 
redirect customers up another route instead of the neighbouring property; the proponent did 
not meet customers on the dock; proponent had not participated in training sessions to help 
with house fires on the island, nor installed any fire suppression capacity. There was no cap on 
the number of customers on the site at one time.  
A third immediate neighbour commented that Islands Trust, once it heard about what was going 
on at the site, had given the proponent the opportunity to continue their operation while they 
filed an application and developed plans for septic water and waste; this should have been 
figured out before the project began. A ramping up of marketing was observed, and had been 
going on for the past eight months. The neighbour requests that the LTC direct staff to inform 
the applicant they must cease to operate outside the law immediately. Shut it down, say no to 
the application, and enforce the regulations. However, if the operation were to continue, 
impose five customers at any one time, and 24/7 site supervision with persons trained in first 
aid and fire suppression. Customers should be redirected off neighbours’ property, and 
perimeter fencing should be constructed. 
Another adjacent resident commented on feeling “like hostages of the enterprise,” and outlined 
calculations of the number of trips by customers who go by the resident’s property on a daily 
basis, looking into their windows.  
A long-time resident noted she was disappointed the area was now clear-cut. Concerned about 
having a lot of people coming to the island, about the environment and safety, with people 
coming in and out and trespassing, and no fire service. 
Another resident questioned the policy and process that led to the TUP application and 
wondered if the LTC could have stopped this right away. 
Other concerns expressed included: 
 the operation isn’t a home occupation and does not comply with the Land Use Bylaw 
(LUB). 
 the applicant is advertising watercraft rental which is not permitted in the LUB. 
6. MINUTES 
6.1 Local Trust Committee Meeting dated June 20, 2023 - for adoption 
By general consent the Local Trust Committee meeting minutes of June 20, 2023 were 
adopted. 

ADOPTED 
 
 
 
 
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6.2 Local Trust Committee Special Meeting dated July 21, 2023 - for adoption 
By general consent the Local Trust Committee Special meeting minutes of July 21, 2023 
were adopted as presented. 
By general consent the minutes were adopted as amended. 
6.3 Section 26 Resolutions-Without-Meeting Report dated August 22, 2023 
Received. 
6.4 Advisory Planning Commission Minutes – none  
7. BUSINESS ARISING FROM MINUTES 
7.1 Follow-up Action List dated August 22, 2023 
Received. 
 
Regarding GM-SUB-2022.2, it was confirmed that the community dock at Cotton Bay 
was not open to the public, but there would be a right of way cleared for access to 
Cotton Bay. 
7.2 Gambier Freedom of Information and Protection of Privacy Procedure Bylaw No. 157 - 
Request for Decision 
Director of Legislative Services Marlor gave an overview on the Gambier Freedom of 
Information and Protection of Privacy Procedure Bylaw No. 157. The current FOI bylaw, 
adopted in 1994, required updating to ensure compliance with current legislation. 
 
GM-2023-023 
It was MOVED and SECONDED 
that the Gambier Island Local Trust Committee Bylaw No. 157, cited as “Gambier Island 
Local Trust Committee Freedom of Information and Protection of Privacy Bylaw No. 157, 
2023” be given first reading.  
CARRIED 
GM-2023-024 
It was MOVED and SECONDED 
that Gambier Island Local Trust Committee Bylaw No. 157, cited as “Gambier Island 
Local Trust Committee Freedom of Information and Protection of Privacy Bylaw No. 157, 
2023” be read a second time.  
CARRIED 

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GM-2023-025 
It was MOVED and SECONDED 
that Gambier Island Local Trust Committee Bylaw No. 157, cited as “Gambier Island 
Local Trust Committee Freedom of Information and Protection of Privacy Bylaw No. 157, 
2023” be read a third time.  
CARRIED 
GM-2023-026 
It was MOVED and SECONDED 
that the Gambier Island Local Trust Committee Bylaw No. 157, cited as “Gambier Island 
Local Trust Committee Freedom of Information and Protection of Privacy Bylaw No. 157, 
2023” be forwarded to the Secretary of the Islands Trust for approval by the Executive 
Committee.  
CARRIED 
7.3 Policy Options for Bylaw Enforcement Compliance on Unlawful Uses  
Manager of Compliance & Enforcement Dingman reviewed the staff report on policy 
options for bylaw enforcement on unlawful uses, and recommended that “enforcement 
continue where there are unlawful land uses on properties subject to complaint, even if 
an application has been made, unless the use ceases or an applicant has received 
permission from the Local Trust Committee to continue operating.”  
The Manager responded to Trustee inquiries for clarification. Discussion ensued. 
GM-2023-027 
It was MOVED and SECONDED 
that Gambier Island Local Trust Committee adopt the following policy on unlawful land 
uses and planning applications:  
a) Where an application is received and a use is continuing in contravention of a land 
use bylaw, staff are directed to request that the applicant cease the use prior to 
processing the application, and staff are directed to continue with enforcement 
until the use is ceased.  
b) The applicant may request that the Local Trust Committee proceed with 
consideration of the application while the use is continuing; and, where the Local 
Trust Committee considers there is a community need to process the application 
while the prohibited use is continuing, the Local Trust Committee may direct that 
bylaw enforcement actions, including the issuing of notices, cease.  
c) Where the Local Trust Committee does not consider that there is a community 
need, or the applicant has not made such a request of the Local Trust Committee, 
bylaw enforcement actions, including the issuing of notices will continue.  
d) In deciding whether to grant land use approval for a use that was commenced in 
contravention of a land use bylaw, the Local Trust Committee may consider whether 

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the applicant has suspended the prohibited land use pending a decision on the 
application.  
CARRIED 
Chair Luckham recessed the meeting at 12:15 pm and reconvened the meeting at 12:45 pm. 
8. APPLICATIONS AND REFERRALS 
8.1 Temporary Use Permit Short Term Vacation Rental - GM-TUP-2023.1 (Kim) 
Island Planner McCargar provided an overview of the staff report on an application for a 
Temporary Use Permit (TUP) that would allow short-term vacation rentals within a 
single family dwelling, an accessory dwelling, two tent sites and a Recreational Vehicle 
(RV) on a 7.5 acre property. The applicant had also proposed a small concession and the 
rental of non-motorized watercrafts at 670 Andy’s Bay Road.  
Staff noted that seventy (70) items of correspondence received were opposed, and one 
(1) was in support of the application.  
Agents for the applicant were invited to comment, and made the following points: 
 Acknowledged communication issues which could have been much better, and 
could have included talking to neighbours directly 
 Have been trying to be as compliant as possible 
 Scheduled an engineer to repair the sewerage system 
 Prohibited guests from smoking on the property 
 Plan to have another staff on site; already have one staff on site 24/7 
 Stopped taking additional bookings via Airbnb and VRBO until completely compliant  
 Acknowledged islanders’ concerns of fire safety, noise and privacy issues 
 Happy to take additional comments from islanders 
 Agree with staff recommendation as outlined in the staff report 
Trustees queried the applicant and raised the following points: 
 Claim of benefit to community in supporting young peoples’ employment 
o Youth working as manager on site, from off island 
 Lack of information at this meeting needed by staff and the LTC for TUP application 
to move forward ; concerns around granting an extension for the applicant  
o The applicant responded there have been some unexpected delays in 
getting the required information to the planner. Requested an extension 
before the LTC makes the final decision on the application. 
 The LTC would want to see significant quantity of water stored on site for fire 
fighting purposes 
Trustee Stamford acknowledged how difficult the situation had been for everyone and 
how there had not been clarity of process for public engagement and action on behalf of 
the Islands Trust. The Trustee hoped the motions passed in item 7.3 would help mitigate 
these issues in the future. Thanks were extended to those who submitted 

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correspondence on the application. The Trustee acknowledged that the proponents did 
scale down the proposal and had plans to manage the health and safety concerns 
around septic and water.  
The Trustee noted that Gambier’s home-based business Land Use bylaws were 
developed separately from the rest of the LUB almost 20 years ago and the Advisory 
Planning Commission at the time deliberated earnestly about how to manage 
temporary overnight accommodation. It was seen that some type of accommodation 
was needed on the island – not just for vacationers, but also for workers and temporary 
guests of residents. Recommendations eventually passed by the LTC at the time were 
deliberately wide to encourage a realistic home-based business despite the remote 
location. Gambier’s short-term vacation rental regulations are generous in comparison 
to regulations of other jurisdictions in the region. 
Within the current bylaws, there is opportunity to support a reasonable temporary 
accommodation business for a resident wanting to benefit commercially from their 
property. As a result, Gambier’s accommodation opportunities have mostly stayed at a 
scale that works for the small community.  
It was further noted that: 
 The proposal does not demonstrate a benefit to the community to warrant an 
expanded operation beyond what the bylaws currently permit; 
 The New Brighton area currently does not have the appropriate infrastructure in 
terms of public access and emergency services, including fire suppression, to 
support another commercial business (other than the store) that caters to off-island 
visitors beyond what is considered a home-based business within the current 
bylaws; 
 To date, the proponents had not conducted the operation with adequate 
consultation and consideration of neighbouring properties or the local community 
as a whole; 
 Based on feedback received, the proposal is not supported by the community. 
GM-2023-028 
It was MOVED and SECONDED 
that Gambier Island Local Trust Committee proceed no further with application TUP-
2023.1 and that Islands Trust bylaw staff proceed to enforce the Gambier Land Use 
Bylaws. 
CARRIED 
Chair Luckham announced that the application would be closed. The applicant could re-
apply after a twelve-month period. 
It was recommended to the proponents, if they planned to continue to provide 
temporary overnight accommodation within the current bylaws, to consider: not having 
paying guests until the septic has been repaired to the standard of Vancouver Coastal 

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Health; constructing an alternate access point to the property for guests that is not 
disruptive to neighbours; and connecting with the community and working with the Fire 
Equipment Group to develop and implement a fire protection plan for the home-based 
business. 
Trustee Bernardo registered disagreement with the staff report comment indicating the 
application had the potential to meet the general conditions for short-term commercial 
use TUP applications, in light of opposition from the community and because the scale 
of what would be required was inconsistent with the OCP. 
GM-2023-029 
It was MOVED and SECONDED 
that Gambier Island Local Trust Committee add Temporary Overnight Accommodation 
bylaw review to the future projects list with regards to short-term vacation rentals with 
particular consideration to guests per-room limits and fire prevention protocols. 
CARRIED 
Members of the Public left the meeting at 1:55pm. 
9. LOCAL TRUST COMMITTEE PROJECTS 
9.1 Major Project: Gambier Island Official Community Plan and Land Use Bylaw Review 
Project 
Island Planner Zupanec provided the Gambier Island Local Trust Committee (LTC) with a 
status update for the Gambier Island Official Community Plan (OCP) and Land Use Bylaw 
(LUB) Targeted Review Project. The planner indicated that these were the types of 
updates that would be provided throughout the project. 
9.2 Minor Project: Keats Shoreline Protection Project 
Island Planner McCargar discussed the staff report on the Keats Shoreline Protection 
Project that summarized the comments heard at the community information meeting of 
July 21, 2023. Staff recommended that a community information meeting (CIM) and 
Public Hearing be scheduled for Proposed Bylaw Nos. 153 and 154. 
Discussion on the proposed bylaws ensued. Points included: 
 Staff did good job of summarizing public comments. 
 Most CIM questions concerned how bylaws would affect construction, use, and 
sizing of docks. These are issues that need to be examined. 
 Ideally, have a formula regarding scale of repair that counts as a replacement versus 
repair for nonconforming docks.  
 Clarify “legal nonconforming”. 
 For new or replacement docks, to minimize the shade created so that eelgrass 
populations are not adversely affected, require smaller surface area if docks are not 
transparent than if they are transparent, to allow greater flexibility in the bylaw. 

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 Encourage sharing docks; need to build in more incentives to build those.  
 Issue: everything is being focused on the property owners who have docks. There 
are other people concerned about how the ocean is protected. Foreshore is a 
priority. It is important to protect it the best way you can. Docks should be 
transparent and smaller.  
 Concern about rejection of the bylaws by Squamish First Nation. 
 Concern about watering down the bylaws. 
 Define “water access only.” 
GM-2023-030 
It was MOVED and SECONDED 
that Trustee Bernardo work with Island Planner McCargar to review the information 
obtained from the public information meeting, as itemized on page 2 of the staff report, 
and propose such amendments to the draft bylaws as may be required, and to bring 
that revised draft of the bylaws to the Local Trust Committee for consideration at the 
October 17, 2023 meeting. 
CARRIED 
GM-2023-031 
It was MOVED and SECONDED 
that the Gambier Island Local Trust Committee schedule a Public Hearing for Proposed 
Bylaw Nos. 153 (OCP) and 154 (LUB) for the November Local Trust Committee meeting. 
CARRIED 
10. CORRESPONDENCE 
(Correspondence received concerning current applications or projects is posted to the LTC 
webpage) 
10.1 Department of Fisheries and Oceans Canada Consultation check-in – Schedule 1 of the 
Species at Risk Act 
Received for information. 
11. NEW BUSINESS 
11.1 Sunshine Coast Regional District Regional Growth Framework Baseline Research 
Trustee Stamford clarified that there was an inconsistency in the approach to Islands 
Trust in this SCRD research framework, and that she had asked that this be a referral. 
The Trustee indicated she could provide a more general statement for consideration by 
the LTC at the next LTC meeting that asks that the Regional Growth Plan include a 
specific statement that clarifies the role of Islands Trust. 
 
By general consent, the Local Trust Committee asked that the report be brought back to 
next LTC meeting. 

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11.2 Census Infographics – Briefing 
The briefing on Census Infographics was provided to Local Trust Committees to provide 
information regarding trends in Local Trust Areas and the Islands Trust Area.  
Received for information. 
12. REPORTS 
12.1 Trust Conservancy Report dated June, 2023 
The Trust Conservancy news release dated June 20, 2023 was received for information 
regarding a new Conservation Area on Lasqueti Island that protects mature forest for 
Species at Risk. It was noted this came through after many years of consideration. 
12.2 Applications Report dated August 22, 2023 
Received. 
12.3 Trustee and Local Expense Report dated June, 2023 
Received. 
12.4 Adopted Policies and Standing Resolutions 
Received. 
12.5 First Nations Activities 
No update. 
12.6 Local Trust Committee Webpage 
No update. 
13. WORK PROGRAM 
13.1 Active Projects Report dated August 22, 2023 
Received. 
13.2 Future Projects Report dated August 22, 2023 
Received. 
14. UPCOMING MEETINGS 
14.1 Next Regular Meeting Scheduled for Tuesday, October 17, 2023 at 10:00 am and will 
be held electronically 
15. ADJOURNMENT 
By general consent the meeting was adjourned at 2:45 pm. 
 
 
_________________________ 
Peter Luckham, Chair 
 

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Certified Correct: 
 
_________________________ 
Diane Corbett, Recorder