North Pender Island Local Trust Committee regular meeting, January 26, 2024

[0:00:05] Voice 7: All right,

[0:00:07] Voice 8: call the meeting to the boarder, please.

[0:00:17] Voice 8: Good morning. Thank you all for joining us today for the regular meeting of North Pender Island

[0:00:24] Voice 8: Local Trust Committee. I want to begin the meeting by acknowledging that we're fortunate to be able

[0:00:30] Voice 8: to gather today a location to cross the territory of the forbes village people i'm david vaughn

[0:00:35] Voice 8: the chair of the north pender island local trust committee i'm joined today by north

[0:00:41] Voice 8: pender island trustees aaron campbell online and morrison who's here today

[0:00:47] Voice 8: uh together we make up the local north pender local trust committee this meeting is being

[0:00:53] Voice 8: live screened and recorded for those who are unable to attend in person today the recording

[0:00:59] Voice 8: that will be posted to the Dallas Trust website for future viewing. We have some staff members

[0:01:03] Voice 8: joining us today. We have Robert Kijina, who's the Regional Planning Manager for Dallas Trust's

[0:01:08] Voice 8: Southern Office. Brad Smith, the Island Planner. I don't think we have, do we have Warren joining

[0:01:14] Voice 8: us today? Okay, so we have Warren Diekmann for Mile-On Enforcement who'll be joining us. We also

[0:01:22] Voice 8: We also have Jennifer Isaac, who is our new meeting coordinator, who's sitting in today just to sort of learn how we run things.

[0:01:32] Voice 8: And of course we have Emily Bryant, who's the wonderful puppet master looking after things for us.

[0:01:40] Voice 8: Bruce Belcher

[0:01:41] Voice 7: will also be chiming in to speak to his tech group.

[0:01:46] Voice 7: Okay,

[0:01:47] Voice 8: perfect. And then we have Paul Brent, our CRD directors here.

[0:01:51] Voice 8: year. So we have a wonderful contingent of people. Just want

[0:01:56] Voice 8: to remind you this meeting is a potential form for your trust

[0:01:59] Voice 8: committee to make decisions about managers planning

[0:02:01] Voice 8: matters and discuss relevant business. I want to have this

[0:02:04] Voice 8: as a place of employment, despite the fact that many

[0:02:06] Voice 8: staff are in their own homes are staffed with the right to a

[0:02:09] Voice 8: safe and respectful workplace. Our meeting. So we have an

[0:02:14] Voice 8: agenda for us. Does anybody have any additions or questions or

[0:02:19] Voice 8: anything being nothing by consent we'll adopt an agenda circulated um and we'll move into trustee

[0:02:28] Voice 8: reports who wants to be the first so head over to you aaron all

[0:02:34] Voice 13: right um i think as probably

[0:02:37] Voice 13: most people know uh i've been away for a little bit uh traveling and um had a i've had a lot lots

[0:02:46] Voice 13: Lots of emails. And it's interesting to me to communicate with people through different different forms rather than being able to do it face to face, because you can't always get emotion out of an email or a or a text message.

[0:03:03] Voice 13: And so I've probably spent more time on my phone down here and actually ended up having to change my phone plan and data package to be able to accommodate doing that because without being able to speak to people, it's been an interesting challenge.

[0:03:23] Voice 13: But I think we had our big trust council meeting in December.

[0:03:36] Voice 13: And one of the things that I learned was being online and listening to what people have to say gave a totally different perspective to some of the issues that arise when you're in the emotional moment of what's going on.

[0:03:58] Voice 13: and so um where i was probably more leaning towards in-person type things um i can see the

[0:04:09] Voice 13: value of just being in a position where you just have to listen to people you don't get to interact

[0:04:14] Voice 13: quite the same way um so that uh that was a was it for me was an interesting thing to go through

[0:04:22] Voice 13: while being on the road and I am looking forward to getting back to Canada and being in a position

[0:04:30] Voice 13: to see everybody but this will be an interesting challenge today to to try to pull off and

[0:04:37] Voice 13: communicate with everybody being 4,000 kilometers away that's

[0:04:45] Voice 8: it. Thank you Trustee Kapp, Trustee

[0:04:49] Voice 8: Morrison.

[0:04:49] Trustee Morrison (probable): Thank you so maybe I'll start since Aaron's out there I'll start a little bit with

[0:04:54] Trustee Morrison (probable): the trust council um it's funny i i think i was more for some of the virtual meetings before but

[0:05:01] Trustee Morrison (probable): um given trust council this year i find it's helpful to have some of the in-person meetings

[0:05:07] Trustee Morrison (probable): just to get to have those informal conversations with individual islands about what they're doing

[0:05:13] Trustee Morrison (probable): and get a little deeper into that i do hope that that becomes part of the regular meeting

[0:05:18] Trustee Morrison (probable): more um so that it can be picked up in virtual spaces and i think the trust council executive

[0:05:23] Trustee Morrison (probable): have heard that kind of feedback that we want more time for being able to learn island to island

[0:05:28] Trustee Morrison (probable): um and benefit from that for what we can do here and what we can learn from others

[0:05:33] Trustee Morrison (probable): um so yeah i mixed feelings about the in-person versus virtual at those meetings um i received

[0:05:41] Trustee Morrison (probable): a letter which uh was anonymous from community members who knows who it was from really um

[0:05:47] Trustee Morrison (probable): saying that I speak too much at trust council

[0:05:49] Trustee Morrison (probable): and that I should be more quiet.

[0:05:54] Trustee Morrison (probable): And I respectfully disagree

[0:05:57] Trustee Morrison (probable): that that's the job of the chair,

[0:05:59] Trustee Morrison (probable): to shut me up if I'm talking too much.

[0:06:00] Trustee Morrison (probable): And that my job in those positions

[0:06:03] Trustee Morrison (probable): is to advocate for what we think is important,

[0:06:06] Trustee Morrison (probable): to ask questions and to speak my mind.

[0:06:12] Trustee Morrison (probable): And so is the responsibility of other trustees

[0:06:15] Trustee Morrison (probable): to speak up and be heard.

[0:06:16] Trustee Morrison (probable): i will always defer to somebody if i've spoken already um and but at the same time i won't let

[0:06:23] Trustee Morrison (probable): issues run by that i think so please do feel free to email me at deb morrison at islandstrust.bc.ca

[0:06:30] Trustee Morrison (probable): if you disagree with me on that and be direct i found it funny that it can't be a mail so that

[0:06:36] Trustee Morrison (probable): it could be anonymous um in um there was an issue in fall that i got a note about and i thank very

[0:06:44] Trustee Morrison (probable): much that i responded to the person about it and thank them about it then um so on pender for

[0:06:50] Trustee Morrison (probable): remembrance day um we were asked to have a representative um for the um islands trust

[0:06:57] Trustee Morrison (probable): and so there are four trustees between north and south pender and i was the trustee who showed up

[0:07:03] Trustee Morrison (probable): um and given just complications in my life which many of you know on a personal level um my puppy

[0:07:10] Trustee Morrison (probable): puppy had to come with me and I had all the arrangements for my puppy to be held by somebody

[0:07:14] Trustee Morrison (probable): else but for whatever reason the first time ever he just wouldn't go with another person

[0:07:21] Trustee Morrison (probable): and just kept whining and yet screeching and so I asked the chair of ceremonies if it was

[0:07:27] Trustee Morrison (probable): okay if he walked with me and anyway somebody did not appreciate that they felt it was disrespectful

[0:07:35] Trustee Morrison (probable): even though the dog was well behaved when he walked they felt it was disrespectful.

[0:07:38] Trustee Morrison (probable): respectful. I feel the need to say that now because I do

[0:07:41] Trustee Morrison (probable): apologize if that felt disrespectful for anyone. And I

[0:07:45] Trustee Morrison (probable): did reply to that speaker about it. My own son is in the

[0:07:49] Trustee Morrison (probable): military, like I do not disrespect the military. So that

[0:07:54] Trustee Morrison (probable): was just a combination of issues. Sorry about that. And I

[0:07:58] Trustee Morrison (probable): do encourage other trustees to reach out to the Legion and

[0:08:02] Trustee Morrison (probable): attend and be present for that because it is an important part

[0:08:05] Trustee Morrison (probable): of our community um and then um thanks very much to all of those who have reached out and just

[0:08:11] Trustee Morrison (probable): asked about the situation that caused me to move off island and um actually asked for clarification

[0:08:16] Trustee Morrison (probable): my brother is out of the hospital and he's doing well um so that's that's a relief for me it was

[0:08:23] Trustee Morrison (probable): very stressful wow it's gonna make me emotional because uh life threatening so thank you very much

[0:08:30] Trustee Morrison (probable): one more thing um so thanks for all the emails and calls generally about various issues um i know that

[0:08:37] Trustee Morrison (probable): the council meeting in november was surprising it was surprising to me too and um maybe if the

[0:08:43] Trustee Morrison (probable): chair could just speak to that when you talk about like why the meeting ended up being canceled so

[0:08:46] Trustee Morrison (probable): for my

[0:08:47] Trustee Morrison (probable): part i was ill um so i was going to attend virtually and i just wasn't aware sort of forgot

[0:08:54] Trustee Morrison (probable): about the issue of our bylaws so if you can speak to that when you talk so thank you thank you

[0:08:59] Voice 8: trustee morrison yeah indeed are we at the last minute had to cancel the november meeting um

[0:09:06] Voice 8: basically because the meeting procedure by law um states that either meeting is live

[0:09:13] Voice 8: or it's electronic as far as the way that we advertise it um so at any time to have a live

[0:09:20] Voice 8: meeting we have to have two trustees in the room um and in this case trustee campbell was away

[0:09:26] Voice 8: way uh planning on zooming in and then trustee morrison unfortunately could not attend in person

[0:09:32] Voice 8: so that became an electronic meeting which was not permitted under our dialogue so we we had to make

[0:09:38] Voice 8: the last minute decision to cancel the meeting so yeah

[0:09:41] Trustee Morrison (probable): so sorry about that

[0:09:42] Voice 8: it's uh but we all survived

[0:09:46] Voice 8: um otherwise i can follow up with what's your comments on trust counsel is yes we've made a

[0:09:52] Voice 8: lot of changes to the format of trust council the way that needs to administrate um all i've heard

[0:09:59] Voice 8: back is fairly positive uh feedback um it's we're an evolving organization and um a lot of people

[0:10:07] Voice 8: gave feedback um from the previous meeting and uh from the ec level we took it all in and tried to

[0:10:14] Voice 8: sort of pivot and work towards everybody and i think it went very well um our other big piece

[0:10:20] Voice 8: of news within the organization is our cao has announced its retirement effective um june 30th

[0:10:28] Voice 8: so that's a fairly big deal for the organization um and so we're just in the process of um we had

[0:10:37] Voice 8: our committee meeting last week we're having another one this afternoon um putting together

[0:10:42] Voice 8: all the little bits and pieces it's going to take to go up and find a new cao so that is taking a

[0:10:49] Voice 8: lot of time and a lot of energy of course we're just hovering up to the budget time

[0:10:55] Voice 8: i went on a financial planning committee meeting yesterday um we in march we adopt the budget

[0:11:02] Voice 8: um which will be um i don't know where we're landing right now i think we're at a slight

[0:11:08] Voice 8: increase um it's it's frustrating at times because it is costing so much for all of us to do

[0:11:18] Voice 8: everything on a day-to-day basis and that includes the trust and there's a

[0:11:23] Voice 8: lot of pressure basically for a net zero tax increase or a very small tax

[0:11:27] Voice 8: increase and it's hard because when everything's going up that basically

[0:11:33] Voice 8: means that we have to pull back and we were kind of a fairly lean and mean

[0:11:40] Voice 8: machine right now so it's hard because there's a lot of pressure to do things

[0:11:46] Voice 8: things but there's also a lot of pressure on us not to raise taxes and you can't do both um and

[0:11:53] Voice 8: as i say status quo actually means less so i know that everybody in the pension planning committee

[0:11:58] Voice 8: is really struggling with that trying to basically figure out where is the middle ground um how we're

[0:12:05] Voice 8: going to be able to do things um and so we'll see what happens in march thank you so leave it at that

[0:12:12] Voice 8: um i now see the natural electoral area directors recordings here and we do have our crd director

[0:12:20] Voice 8: here so mr brent would you like to share i'll start with

[0:12:26] Voice 8: apologizing to deb right away i did

[0:12:28] Voice 8: i meant to sign

[0:12:29] Voice 7: that anonymous letter okay

[0:12:30] Trustee Morrison (probable): nice thanks um can probably hear it on the speaker

[0:12:34] Trustee Morrison (probable): yeah

[0:12:34] Voice 8: is there is everybody able to hear it

[0:12:36] Trustee Morrison (probable): no on the online yeah i'll

[0:12:39] Voice 13: speak loudly

[0:12:42] Voice 13: I was going to say he's got a bigger voice.

[0:12:47] Voice 7: Okay, so I go, what have I been doing?

[0:12:51] Voice 7: Well, my principal focus has been on housing.

[0:12:55] Voice 7: So UCRD has not really done a great job, to say the least, at delivering housing to our islands.

[0:13:03] Voice 7: And so that's been pretty much my number one focus.

[0:13:08] Voice 7: And so, yeah, we managed to actually get a little bit of growing community funds that

[0:13:12] Voice 7: was directed towards the CRD over to some housing on Galliano, $2.75 million.

[0:13:20] Voice 7: You guys are probably thinking, why didn't we go to Plum Creek Court?

[0:13:24] Voice 7: It's not doing well right now.

[0:13:26] Voice 7: It's only got six accessible houses, and I think that two of those are already gone by

[0:13:31] Voice 7: market rates.

[0:13:32] Voice 7: and bc housing is reportedly going to pull the rest of their funding we are doing more in respect

[0:13:41] Voice 7: of housing in my little sphere so in a couple of weeks we'll be bringing the rural housing program

[0:13:49] Voice 7: to the board for endorsement what does that mean like what big deal it is a big deal because for

[0:13:54] Voice 7: the balance of the tournament which is about just under three years uh crd is going to have three

[0:14:00] Voice 7: focus is one is on housing one is acquiring land for housing for accessible housing uh the other

[0:14:08] Voice 7: one is complex care so mental issues and other issues housing them and third they've never had

[0:14:14] Voice 7: so rural so i'm pretty excited there um we've got a little bit of on the ground stuff two things

[0:14:22] Voice 7: really we're supporting a housing now program with dollars through crd's community economic

[0:14:29] Voice 7: Economic Sustainability Commission which has commissioners from all the islands and we also

[0:14:38] Voice 7: uh focused a little bit on trying to get the CRD not to enforce on trailers that are appropriately

[0:14:45] Voice 7: situated so I believe North Bender has a non-enforcement anything resolution yeah until

[0:14:51] Voice 7: we finish our house yeah and a couple other islands like Maine and Saturna allow trailers

[0:14:57] Voice 7: as residents as long as they're properly hooked to septics.

[0:15:01] Voice 7: And so we've aligned CRD with that.

[0:15:04] Voice 7: So CRD will not be enforcing

[0:15:06] Voice 7: as long as the drillers are mobile, legal.

[0:15:09] Voice 7: They're not permanent structures

[0:15:12] Voice 7: and as long as they're hooked to septic.

[0:15:14] Voice 7: And the last thing is,

[0:15:16] Voice 7: and this is upset a lot of people,

[0:15:19] Voice 7: CRD has gone out to the public and said,

[0:15:22] Voice 7: look, we want to borrow $85 million for housing.

[0:15:27] Voice 7: and we're going to use a process rather than a referendum which would cost half a million bucks

[0:15:31] Voice 7: or more they use this process called the alternative approval process whereby they let

[0:15:36] Voice 7: people know that they're going to do this and if 10 percent of the electorate say no you're not

[0:15:43] Voice 7: we're supposed we're going to send in a form and say we don't like it then the bylaw or in the

[0:15:47] Voice 7: bylaw it doesn't doesn't pass but we got 330 000 uh elected elected electors in our area so we'd

[0:15:57] Voice 7: have to 30 odd thousand uh write in and do these forms so people are a bit p p they're upset they

[0:16:05] Voice 7: think it's sneaky and yeah we probably could have done a much better job than explaining

[0:16:10] Voice 7: why we're doing this you'll be two minutes and i'll try to do my best to explain uh one

[0:16:18] Voice 7: everyone thinks that housing is pretty important on the on the region two why 85 million dollars

[0:16:24] Voice 7: we wanted a big splash we wanted to say we're really going to put a lot of money potentially

[0:16:29] Voice 7: towards this because the province has somewhere in the order of four billion dollars going out

[0:16:34] Voice 7: for housing and the province and the feds have not a dissimilar amount and across the country

[0:16:41] Voice 7: it's much larger so the feds and the province like to do is say look we'll participate in this

[0:16:47] Voice 7: housing thing as long as you other guys do it and so we're competing with other regional districts

[0:16:52] Voice 7: and municipalities for those scarce provincial and federal funds so big splash we've got it

[0:16:59] Voice 7: available to us that's the key thing if we can't attract that kind of funding for a specific

[0:17:04] Voice 7: project it's not going to go forward we're not going to borrow the money there will be no tax

[0:17:09] Voice 7: impact worst case scenario we would do the entire 85 million dollars today at the high interest

[0:17:17] Voice 7: rates we have and it would be that's a 30-year curve so we'd be doing on the average household

[0:17:22] Voice 7: 26 bucks in taxes years each and every year people go hey we're retiring we don't have big incomes

[0:17:30] Voice 7: and i say that's fine you can defer your property taxes if you're 55 years or older you can defer

[0:17:36] Voice 7: your property taxes at super low interest rates which is what i'm doing and i'm getting a higher

[0:17:41] Voice 7: rate of return on guaranteed investment certificates so it's a win-win for me

[0:17:48] Voice 7: But also, I guess we'll talk protocol agreements later on, but essentially we're deficient on protocol agreements between the regional district and the Islands Trust.

[0:17:58] Voice 7: I don't think it's as much of a deal now because I do attend quite a few meetings.

[0:18:03] Voice 7: I'm conversing with trustees a lot because we're all in this together trying to make our islands function as well as they can.

[0:18:12] Voice 7: And I'm particularly lucky because I have a senior staff member, Justine Stark, who was 11 years with the trust.

[0:18:20] Voice 7: So she's got a great relationship with the trust. They're talking all the time.

[0:18:24] Voice 7: So we've got a pretty good connection right now. But you never know what kind of a flaky trust or what flaky director you might get.

[0:18:30] Voice 7: Right. You're thinking you're pretty flaky yourself. And I've been involved in a bunch of other things.

[0:18:38] Voice 7: the region involved in parks making them more efficient trying to acquire more park land

[0:18:45] Voice 7: through the regional park water infrastructure across our islands people haven't invested

[0:18:51] Voice 7: the water improvement districts the crd uh some of the crd uh servant water services haven't invested

[0:18:59] Voice 7: like they should so that's a challenge i'm working on student sustainability we're providing grants

[0:19:04] Voice 7: and aid to various groups across the island um on environmental issues and like i'm going to stop

[0:19:10] Voice 7: talking about this i think i'm boring you based upon the blank look at me i don't blame you for

[0:19:16] Voice 7: feeling that way thank you very much if you have any questions i'll be around of course i have a

[0:19:23] Trustee Morrison (probable): couple questions um and you don't have to answer these now but these are just questions i've been

[0:19:27] Trustee Morrison (probable): hearing in the community so one is about um concrete pads in disc golf park that we hear

[0:19:32] Trustee Morrison (probable): that the parks commission is has crd funding for that we just wanted to like ensure that crd

[0:19:37] Trustee Morrison (probable): funding holds since the work hasn't been done yet um so i don't know what the timeline is on whether

[0:19:43] Trustee Morrison (probable): that funding disappears i

[0:19:44] Voice 7: can follow up on that but i think i'd like to have an environmental

[0:19:47] Voice 7: assessment on concrete paths first so i had a couple questions about that too yeah i understand

[0:19:52] Voice 7: there's trustees and right now they don't like concrete so i need to i need to liaise with them

[0:19:57] Voice 7: okay

[0:19:57] Trustee Morrison (probable): um and then um trails the trail work do you have any updates on what's happening with

[0:20:05] Trustee Morrison (probable): any of the crd funding related to trails work on the islands um

[0:20:10] Voice 7: i don't think there's a constraint

[0:20:11] Voice 7: there from what i understand there's uh we're going into 2024 with a 35 000 surplus on parks

[0:20:18] Voice 7: um so there's certainly ample funding for trails and it's it's a focus i'm looking at

[0:20:26] Voice 7: uh trying to get regional parks to acquire some parkland here on on north bender they said no i

[0:20:32] Voice 7: said i don't like that and so please look at it again and they're actually listening to me which

[0:20:37] Voice 7: is amazing the difference between the trust staff and the crd said okay i'm just joking

[0:20:45] Voice 7: but it is true they are re-looking at it so it's a focus uh one of the challenges that we all know

[0:20:51] Voice 7: is that as we work on trails we now have to involve first nations which is appropriate

[0:20:57] Voice 7: but that slows things down a little bit and it costs a little bit more but hey that's life we're

[0:21:02] Voice 7: living on land that was theirs and so we have that he respects on that so it's it's it's moving ahead

[0:21:09] Trustee Morrison (probable): okay and then i had one question about the vote you said the rural housing work that you're doing

[0:21:13] Trustee Morrison (probable): is that the next brd meeting

[0:21:16] Voice 7: it is it doesn't help

[0:21:18] Trustee Morrison (probable): you to have our class weigh in at all

[0:21:20] Trustee Morrison (probable): or like

[0:21:20] Trustee Morrison (probable): come talk i

[0:21:21] Voice 7: would hope not i mean it's always helpful but we've done a lot of socializing

[0:21:28] Voice 7: of the crd board and so staff is all staff right across the board are having they got it we've

[0:21:36] Voice 7: ignored rural housing too long and they're embarrassed you know look at it we've got

[0:21:43] Voice 7: pump tree court we're down to four four units yeah we're gonna talk about virtually no other

[0:21:48] Voice 7: affordable housing really on the southern gulf islands it's a disgrace and crd has spent it has

[0:21:55] Voice 7: 2 000 has put 2 000 units of accessible and affordable housing in place where the electrolers

[0:22:03] Voice 7: are seven and a half percent where whenever we are about two percent two percent of two thousand

[0:22:08] Voice 7: still 40 houses that we're deficient on so we're paying into it and so i might be small but i'm

[0:22:14] Voice 7: noisy and i talk too much um

[0:22:19] Voice 16: that those the taxes the 26 dollars a year um is that and you said

[0:22:27] Voice 16: that's for 30 years it

[0:22:29] Voice 7: would be for you know they modeled it on a worst case scenario so they said

[0:22:34] Voice 7: we have to go out and borrow all 20 all 85 million dollars right now at current interest rates we get

[0:22:41] Voice 7: the lowest interest rates in the province through the municipal finance and our way down on that

[0:22:46] Voice 7: it would be $26 a year on the average household and the term would be for 30 years so it would

[0:22:53] Voice 7: be $26 each and every year well interest rates they tell us everyone tells us are going down

[0:23:00] Voice 7: so the $26 is probably high will we get matching funds for all 85 million I should hope so

[0:23:07] Voice 7: and as I say we have a situation whereby the impact on at least people over 55 to their to

[0:23:17] Voice 7: their income is minimized and most people that own a home on our southern gulf islands have done so

[0:23:24] Voice 7: for a period of time and so we've seen market values rise incredibly so some people like young

[0:23:33] Voice 7: people that don't have a home or are renting say homeowners have won a lottery in effect

[0:23:39] Voice 7: so there's this i'm

[0:23:40] Voice 16: not asking you to justify just i just have questions okay so yeah so and then

[0:23:47] Voice 16: i presume from the housing that's built there's some rent that comes in there is but

[0:23:54] Voice 16: it's not gonna it doesn't yeah okay so yeah the more um communication about something like this

[0:24:01] Voice 16: the better because i guess i have my head in the sand but i didn't know about it and it's like oh

[0:24:07] Voice 16: that's interesting it's not that i want a referendum that's a terrible waste of money

[0:24:13] Voice 16: just something in the mailbox we

[0:24:16] Voice 7: did a lovely job we did a lousy

[0:24:17] Voice 16: job we just got with me

[0:24:20] Voice 7: speaking personally so fixated on housing this seems like a really good deal it makes sense

[0:24:26] Voice 7: you know if we are able to get those matching funds we built a lot of houses for relatively

[0:24:31] Voice 7: low costs and we lost we lost sight of communicating it properly to our constituents

[0:24:39] Voice 7: which is done right and

[0:24:42] Voice 16: we're hearing about it you can learn from that and go forward in a good way

[0:24:45] Voice 16: I'm trying okay

[0:24:47] Voice 16: so

[0:24:48] Voice 8: it's interesting I was

[0:24:51] Voice 13: just curious um I know that uh in in some communities

[0:24:58] Voice 13: they've found ways to funnel um the hotel tax back into use for for affordable housing and I

[0:25:16] Voice 13: applying that to short-term vacation rental housing

[0:25:21] Voice 13: and B&Bs and whatnot.

[0:25:25] Voice 13: But is that something that the CRD looks at

[0:25:28] Voice 13: as far as could our communities benefit

[0:25:32] Voice 13: from use for affordable housing?

[0:25:42] Voice 7: Thank you for that question, Trustee Campbell.

[0:25:49] Voice 7: the southern gulf islands tourism partnership they participated uh with diverting some of those

[0:25:56] Voice 7: tax funds to our housing now initiative so they they gave us fifty thousand dollars last year

[0:26:02] Voice 7: they're going to continue that fifty thousand dollars this coming year they're adding another

[0:26:08] Voice 7: hundred thousand dollars they've committed two hundred thousand dollars uh to support our rural

[0:26:13] Voice 7: roll housing program that the crd has and we're in discussions right now um with respect to

[0:26:21] Voice 7: uh them allocating or at least committing to allocate a certain portion of their reserve

[0:26:29] Voice 7: they've got a couple hundred thousand dollars in reserve to housing um and and in what way we don't

[0:26:36] Voice 7: quite know because we don't know what the future is going to hold but they're we've asked and they've

[0:26:41] Voice 7: come to the table uh with an additional hundred thousand and they are certainly

[0:26:48] Voice 7: themed to support housing where it makes sense and i and i agree with them some of the funds

[0:26:54] Voice 7: that they they do collect they use for for marketing and their marketing is aimed at

[0:27:00] Voice 7: attracting visitors who are sensitive to our islands as well as visitors that are coming here

[0:27:07] Voice 7: are shifting them to the shoulder season so we're actually seeing some shift in that regard so yeah

[0:27:14] Voice 7: we're on it to the extent we can be and that's going to be uh passed at the electoral areas

[0:27:20] Voice 7: committee on february 7th so that's what that was almost a setup aaron so thank you very much

[0:27:27] Voice 7: and i just want you to know that people are asking me how to contact you so i'm giving them

[0:27:32] Voice 7: and your email, encouraging them to send as many emails as possible to you.

[0:27:38] Voice 12: Thanks.

[0:27:40] Voice 12: No problem.

[0:27:41] Voice 6: I believe to follow up on a question, and this would be concerning to SPID,

[0:27:47] Voice 6: which relates to trails and access.

[0:27:50] Voice 6: I know there are rumors that SPID is going to be very close to traffic,

[0:27:57] and perhaps you can put traffic at the rest of St. Peter Island,

[0:28:01] And there's

[0:28:02] Voice 6: also the problem that by refusing to grade the road to the beach, it's becoming

[0:28:11] Voice 6: very difficult to access it if you don't want to ruin the springs on your car constantly.

[0:28:19] Voice 6: Now, if I recall correctly from a previous communication, you indicated that this is

[0:28:27] Voice 6: the right of the First Nations to refuse raiding of that area, and that you won't do it because

[0:28:33] Voice 6: they've refused permission, is all that correct? Pretty much.

[0:28:40] Voice 7: Yeah, that's a tougher question.

[0:28:43] Voice 7: We are working on it. But yeah, there's some archaeological sensitivities there, because

[0:28:50] Voice 7: that's where a lot of their past is you know on our shorelines on the water and it's a it's a known

[0:28:57] Voice 7: archaeological site but we are working with first nations crd is really really lucky we have a

[0:29:05] Voice 7: resident archaeologist online and uh they are they have a very very good relationship with

[0:29:11] Voice 7: first nations and so they are talking to with the nations to see if there's stuff we could do

[0:29:19] Voice 7: The Nathans are concerned about some of their things that they deem as important to their culture

[0:29:29] Voice 7: washing away and being disturbed by a lot of traffic.

[0:29:34] Voice 7: And so we're looking at, I'm not sure, I can't say whether it's going to be successful,

[0:29:39] Voice 7: but they are considering a possibility whereby we put a protective cover.

[0:29:43] Voice 7: um it might be uh gravel rock whatever and then substrate sealant to at least stabilize their

[0:29:52] Voice 7: the site and so their concern around their archaeological artifacts washing away would be

[0:30:00] Voice 7: and that would still allow residents to access it.

[0:30:05] Voice 7: But it's kind of, it's up in the air right now,

[0:30:07] Voice 7: but what I thought was going to be just a no-go

[0:30:11] Voice 7: looks like it's got some possibility

[0:30:13] Voice 7: and there's been a lot of progress

[0:30:15] Voice 7: in what is a very difficult area.

[0:30:20] Voice 7: This whole thing we're protecting various aspects

[0:30:24] Voice 7: of the shoreline, we made some progress on that.

[0:30:37] Voice 10: if you're trying to launch a boat on

[0:30:39] Voice 6: brownie it's obviously uh the beach is very crowded in the

[0:30:45] Voice 6: summertime during the day if you go there early in the morning to avoid that you find there are

[0:30:53] Voice 6: people living in their cars down there um imperative for the island to have a couple of

[0:31:02] decent places where you

[0:31:03] Voice 6: can launch a small boat or a decent sized boat and get it into the water

[0:31:08] Voice 6: serving other people i totally agree with you and we're gonna have to work through it and but

[0:31:16] Voice 7: it's important it's important for emergency purposes as well so um yeah it's it's on my

[0:31:23] Voice 7: radar screen each bay has the same type of thing they've got a ramp there that needs work to be

[0:31:30] Voice 7: done and again it might be considered a site of concern and so we've got our field of archaeological

[0:31:37] Voice 7: expert there working on it and discussing the presentation so we're really focused on trying

[0:31:46] Voice 7: to find a solution i'm a voter i came here by boat if i did i would have been up at five o'clock on

[0:31:54] Voice 7: the ferry and getting home at 10 30 at night so i'm very focused anybody else all right maybe

[0:32:04] Voice 4: just one follow-up on that is

[0:32:05] Trustee Morrison (probable): there is there a way for us to like think collectively about

[0:32:09] Trustee Morrison (probable): what possible sites could be identified that are vote launch like possibilities like just uh and

[0:32:16] Trustee Morrison (probable): maybe that's something we can just ask different community members about because it would be good

[0:32:21] Trustee Morrison (probable): to know where the possible potentials are as i think about different sites across the island

[0:32:27] Trustee Morrison (probable): there could be a few but yeah sure

[0:32:30] Trustee Morrison (probable): and then that that could be something that we add to

[0:32:32] Trustee Morrison (probable): the conversation so we can have a more holistic conversation

[0:32:36] Voice 7: unfortunately it's effective limited

[0:32:37] Voice 7: private land or administrative transport but yeah for sure particularly if we're going to

[0:32:45] Voice 7: lose access to one it would be good to see about another i know that where the dip is going to

[0:32:52] Voice 7: receive some materials was identified as a potential site by a south pender person so

[0:33:01] Voice 7: we investigated it and it's a no-go too steep and yeah

[0:33:06] Voice 8: but it's a good idea thank you so we'll move

[0:33:10] Voice 8: on to the town hall um so if anybody wants to speak just put your hands up please um when you

[0:33:17] Voice 8: are called upon if you just give your name for the recording secretary would be great and we'd

[0:33:23] Voice 8: like to keep it two or three minutes if possible but we're kind of flexible so sir it's uh dr

[0:33:30] Voice 6: morgan i just had a few simple questions really about the procedure that were motivated by the

[0:33:37] Voice 6: club three court application and the first one and concerns the backgrounders staff produced

[0:33:46] Voice 6: they indicated that they initiated a consultation in as required by statute to a number of the

[0:33:55] Voice 6: ministries and then they went on under a separate heading to indicate they engage with first nations

[0:34:02] Voice 6: My question simply is, is the engagement with First Nations required under statute or required

[0:34:12] Voice 6: under some other trust administrative procedure?

[0:34:22] Voice 9: One of you two want to tackle that?

[0:34:24] Voice 9: For just the rezoning, it's not a statutory requirement.

[0:34:26] Voice 9: It's both best practice and it's stressed as policies adopted, reconciliation policies

[0:34:38] that

[0:34:39] Voice 7: essentially give us guidance to consult with First Nations on these kinds of issues.

[0:34:44] Voice 6: David, so are you suggesting that if they were not consulted that that might be a violation

[0:34:50] Voice 6: of the UNDRIP provisions?

[0:34:53] Voice 9: What do you refer to, Jim, when you mean UNDRIP?

[0:34:56] Voice 6: The United Nations Indigenous Rights document that was referenced in the Islands Trust revisions

[0:35:12] Voice 6: to the Islands Trust Policy Statement.

[0:35:15] Voice 6: The Islands Trust Council is the worst reconciliation

[0:35:17] Voice 7: policy that was referenced under the IMAGREP

[0:35:20] Voice 7: and the IMAGREPA, which is a great issue as well.

[0:35:24] Voice 6: so would that be a violation of uh if they were not consulted with that so

[0:35:29] Voice 9: the local trust committee

[0:35:30] Voice 9: uh decided not that we should not be sending um referrals to first nations uh that's something a

[0:35:40] Voice 9: local trust committee could do in this circumstance but it would be contrary to the reconciliation

[0:35:45] Voice 9: policies that the local trust committee has adopted and the trust council can

[0:35:50] Trustee Morrison (probable): i can i just

[0:35:51] Trustee Morrison (probable): to add one thing of my understanding to that and a question actually so has the sorry don i just

[0:35:58] Trustee Morrison (probable): want a clarification on this too so um has the um province clarified yet any more about drippa

[0:36:05] Trustee Morrison (probable): because drippa is like what 2020 2019 somewhere in there and like they they don't have any more

[0:36:14] Trustee Morrison (probable): guidance necessarily for us about what that means for us right because so

[0:36:18] Voice 9: there's been no

[0:36:19] Voice 9: no amendments to legislation or regulations pretending to have local government practices

[0:36:25] Voice 9: so they

[0:36:26] Trustee Morrison (probable): were still in a little bit of limbo on like how drippa applies to local government

[0:36:31] Trustee Morrison (probable): and in that limbo the trust council basically went ahead and endorsed those principles

[0:36:36] Trustee Morrison (probable): but like and is trying to work through best practices for what to do so i guess my

[0:36:43] Voice 6: My final question related to this is, do the governments of First Nations now have effectively

[0:36:55] Voice 6: a veto right on by-law changes that are under consideration by local trust committees?

[0:37:04] In other words, if a by-law is proposed and it

[0:37:08] Voice 6: was opposed substantially by the governments

[0:37:13] Voice 6: of First Nations that are contacted,

[0:37:15] Voice 6: would it be possible to go ahead

[0:37:18] Voice 6: or do they have an effective political veto

[0:37:21] Voice 6: on this situation?

[0:37:26] Voice 9: You're asking about a hypothetical situation,

[0:37:28] Voice 9: first of all?

[0:37:29] Voice 9: And second of all, to date,

[0:37:31] Voice 7: the courts have been pretty clear

[0:37:32] Voice 7: that First Nations do not have an absolute veto.

[0:37:36] Voice 6: Well, the trust is proposing a set of procedures

[0:37:41] Voice 6: procedures, if you're involved in a situation where there are rules, even though this is

[0:37:50] Voice 6: a hypothetical situation, it could arise, I would expect that there would be an answer

[0:37:56] Voice 6: to what did the rules say.

[0:37:59] Voice 7: So it wouldn't be a veto, but the LTC would presumably take that information from the

[0:38:04] Voice 7: First Nation and consider it wholesomely in their deliberation as to whether to proceed

[0:38:11] Voice 7: whatever bylaw approval uh they're considering i think you also need to separate in cases where

[0:38:18] Voice 7: there is an ocp amendment required versus cases where there's not an ocp amendment required

[0:38:23] Voice 7: in all cases where there's an ocp amendment required in the islands trust

[0:38:29] Voice 7: minister approval the minister of municipal affairs must approve that ocp amendment

[0:38:34] Voice 7: so there is another filter of provincial oversight and review of the efforts that

[0:38:40] Voice 7: the trust is made to engage with agencies and in particular first stations as the

[0:38:48] Voice 7: consultative duty rests with the province and the federal government and uh further to that

[0:38:53] Voice 7: what i would add with respect to that duty to consult is that the island's trust is a local

[0:38:58] Voice 7: government island's trust is actually probably more bolted on to uh the provincial uh framework

[0:39:08] Voice 7: work and so uh while there's not an official duty to consult there's certainly an obligation

[0:39:13] Voice 7: of local governments to consult with first nations on matters and

[0:39:18] Trustee Morrison (probable): then the executive

[0:39:18] Trustee Morrison (probable): committee sort of rolled from that too yeah

[0:39:21] Voice 8: so and last was last year south pender um had

[0:39:26] Voice 8: violence kicked back from the province because they they did not feel that there was enough

[0:39:30] Voice 8: consultation so there there is a duty to consult and

[0:39:34] Trustee Morrison (probable): we did that on north pender we had we didn't

[0:39:36] Trustee Morrison (probable): get it kicked back, but we have the EC take a closer look and ask for staff to give more

[0:39:40] Trustee Morrison (probable): information about the consultation process.

[0:39:43] Voice 6: Regarding the duty to consult, I guess I was surprised by the interest

[0:39:50] Voice 6: in this particular bylaw

[0:39:53] Voice 6: given that it seems to be a relatively technical issue

[0:39:56] Voice 6: and as to why it would be covered

[0:40:01] Voice 6: under a duty to consult. So we don't make

[0:40:04] Voice 9: make the assumption that the First Nation, whether they have an interest or not, we send

[0:40:08] Voice 9: a referral out and it's up to them.

[0:40:10] Voice 9: So

[0:40:10] Voice 6: you would send a referral out on everything?

[0:40:13] Voice 6: Could

[0:40:13] Voice 9: you give me a second?

[0:40:13] Voice 9: It's up to them to

[0:40:14] Voice 7: determine whether or not they have an interest or not.

[0:40:17] Voice 6: So you

[0:40:18] Voice 7: would send out a referral on

[0:40:19] Voice 6: everything regardless?

[0:40:21] Voice 7: Virtually every file.

[0:40:22] Voice 6: Okay.

[0:40:23] Voice 6: And if I can ask just one final question, I'll follow up from a question I asked a couple

[0:40:28] Voice 6: of years ago which trustee Morrison may remember I asked in the document concerning the revision

[0:40:37] Voice 6: to the honest trust policy statement I asked what was the meaning of in indigenous ways of knowing

[0:40:46] Voice 6: now I understand that's been that phrase has been removed and is being changed to include

[0:40:52] Voice 6: knowledge and I was wondering if you could uh could enlighten me on exactly what

[0:40:58] Voice 6: is considered by the term indigenous knowledge I'm

[0:41:03] Trustee Morrison (probable): currently not on the trust programs committee

[0:41:05] Trustee Morrison (probable): I have no involvement in that project right now um because of what happened in July 8th of 2000

[0:41:13] Trustee Morrison (probable): whenever the it went out for public consultation before I felt trustees had enough time to look at

[0:41:19] Trustee Morrison (probable): out of themselves and so I was very unhappy about that practice of how it went through because I

[0:41:27] Trustee Morrison (probable): didn't feel the document that went public was actually 26 trustees got to even think about it

[0:41:32] Trustee Morrison (probable): before it went out so um I did not ask to be and when when I was asked actually if I would consider

[0:41:40] Trustee Morrison (probable): being in trust programs committee this term I said no because I felt that the process was

[0:41:45] Trustee Morrison (probable): not something that i was happy with of how it went forward so you would have to ask um

[0:41:49] Trustee Morrison (probable): south pender trustee um wow thank you christina evans who is currently the chair of trust book

[0:41:57] Trustee Morrison (probable): chair

[0:41:58] Voice 8: well unfortunately the the way that the the new draft is being rolled out

[0:42:07] Voice 8: none no trustee has seen it at all so not i can't really speak to what wording has or has not been

[0:42:14] Voice 8: changed um until we see the document but really it's a void for us because we have not been

[0:42:23] Voice 8: permitted to see the document at all yet i

[0:42:26] Trustee Morrison (probable): would encourage you though john to come and or to write

[0:42:29] Trustee Morrison (probable): in and ask that question to trust council because i think that that question needs to be asked at

[0:42:33] Trustee Morrison (probable): trust council so that all 26 trustees can kind of weigh in and that the trust council chair has to

[0:42:38] Trustee Morrison (probable): weigh in now and

[0:42:41] Voice 7: to that point i'm just wondering i it's my understanding that first nations has

[0:42:46] Voice 7: been shown that is being shown that draft again

[0:42:49] Trustee Morrison (probable): i don't really want to have that conversation here

[0:42:51] Trustee Morrison (probable): i'm

[0:42:52] Voice 7: just confirming yeah since september of 2023 that's what it

[0:42:56] Voice 7: is again so duplicating

[0:42:59] Voice 7: essentially what happened last time thank you yeah

[0:43:03] Trustee Morrison (probable): and i it wasn't duplicating what happened

[0:43:05] Trustee Morrison (probable): last time just to be clear because it just yeah it's a little bit a different process from my

[0:43:11] Trustee Morrison (probable): understanding of what's happened but again i think this is a trust council conversation that all of

[0:43:15] Trustee Morrison (probable): those folks should weigh in on and we should hear the chair and like the committee who's actually

[0:43:20] Trustee Morrison (probable): been working on it because they know what's going on hi

[0:43:25] Voice 16: mary rare um and deciding to come to this

[0:43:31] Voice 16: meeting or part of it i'm going to have to leave um i thought well you know i've got one agenda

[0:43:39] Voice 16: item on my mind but i looked through because i wanted to see and it's like holy crow you guys

[0:43:47] Voice 16: do a lot of work now you you're called the staff right yeah for all these um applications

[0:43:55] Voice 16: applications for rezoning or a dpa someone wants to do something in a dpa you've got maps you've

[0:44:05] Voice 16: got uh rationale for it and it's incredibly detailed i was really impressed i want to thank

[0:44:14] Voice 16: you for your work and the part that confuses me is when somebody comes in and whether it's

[0:44:24] Voice 16: because they don't care or they're they're not aware about dpas or whatever that they come in

[0:44:34] Voice 16: and just cut a raptor tree down and and all the trees in the the area that's supposed to be left

[0:44:42] Voice 16: and everything is violated um that in this context i'm not saying you're doing nothing but

[0:44:54] Voice 16: But it's like, shouldn't there be another estimate for the restoration of that area?

[0:45:02] Voice 16: So those people have to, you know, or some, you know, you would be the ones to get another estimate from another company or from a company, what the actual costs are.

[0:45:18] Voice 16: And then the, it's not a fine, it's a, what do you call it?

[0:45:23] Voice 16: security deposit would reflect that and some kind of action i'm really feeling like there's

[0:45:33] Voice 16: like whereas you do so much when people honor the letter of our trust policy

[0:45:42] Voice 16: yet in this case there's not enough being done to hold to account the people who've just gone in

[0:45:50] Voice 16: and done what they wanted and it's game over it's terrible but there could be some restitution

[0:45:57] Voice 16: and um what was my last thing

[0:46:05] Voice 4: uh

[0:46:05] Voice 16: i can't remember but it's it's uh oh to me this seems like it's incentivizing because

[0:46:20] Voice 16: the people who who notice the dpas and try and go through the process god knows how long it took you

[0:46:28] Voice 16: to to get all that material together and the maps and everything your diligence is incredible

[0:46:34] Voice 16: yet if somebody knows about that well this is going to make a really long delay before i can

[0:46:39] Voice 16: do anything on this property we've got like an example of incentivizing it seems going the back

[0:46:47] Voice 16: through the back door route so that's how it appears to the observers i understand that's

[0:46:54] Voice 9: how it appears it can appear but i can assure you there's a lot of staff time you probably don't

[0:47:02] Voice 9: see in the agenda this particular agenda package including violence still enforcement staff time

[0:47:08] Voice 7: spent on enforcement of that particular situation you're talking about and enforcement generally

[0:47:14] Voice 7: like we have all we have enforced officers um and planner time is involved in that

[0:47:25] Voice 7: two or three now three staff reports because they're the ones on today's agenda

[0:47:38] Voice 7: whereas the other reports you see on today's agenda it's on one agenda and

[0:47:46] Voice 7: largely it appears on one agenda and permits approved or it's offered

[0:47:54] Voice 7: And I would just add that with respect to due diligence, staff take the same level of

[0:47:59] Voice 7: effort and due diligence in these situations that they do in a situation where a property

[0:48:04] Voice 7: owner comes proactively to us.

[0:48:06] Voice 7: The difference here being that in those cases, the property owner is a willing player.

[0:48:13] Voice 7: So they're willing to work with us to get those quotes.

[0:48:16] Voice 7: I've reached out many times to this particular property owner to get updated better quotes from them and they've refused.

[0:48:23] Voice 7: I don't have the right to access their property or send contractors onto their property to get those estimates myself.

[0:48:30] Voice 7: So, you know, the ability for staff to do that work is really limited without a engaged player on the other side.

[0:48:40] Voice 7: time. So I think there needs to be that consideration. It's much more difficult in these cases where

[0:48:46] Voice 7: you have someone who's already

[0:48:47] Voice 7: done something and they're asking for forgiveness rather

[0:48:50] Voice 7: than just, well, thank you. Mr. Sketch.

[0:49:00] Voice 7: Let's move closer to this.

[0:49:09] Voice 11: My name is Michael Sketch, North Bender Island. I would like

[0:49:15] Voice 11: to ask the ltc to make an amendment to the um ocp relevant to james island uh that's that's the

[0:49:22] Voice 11: topic of what i'm on about but i'd like first to speak to what was spoken to the last the last

[0:49:32] Voice 11: speaker but one and that's the duty to consult and that came up um when the james island bylaws in

[0:49:38] Voice 11: in 2007 or odd, came before intense public

[0:49:43] Voice 11: and trust executive committee scrutiny.

[0:49:46] Voice 11: And the duty to consult is a positive obligation

[0:49:49] Voice 11: in the Local Government Act for First Nations

[0:49:53] Voice 11: where their interests are affected, that is a law.

[0:49:57] Voice 11: And in the case of James Island,

[0:49:59] Voice 11: obviously their interests were affected.

[0:50:02] Voice 11: And although there's a difference of opinion on this,

[0:50:06] Voice 11: meaningful and that's required in that section of the local government act consultation was not

[0:50:11] Voice 11: undertaken and the the mess that's accrued since is we're dealing with today so it is a positive

[0:50:20] Voice 11: obligation and staff is quite correct uh are their interests affected does staff determine that no

[0:50:27] Voice 11: first nations do so it's quite correct or should be quite correct when there's an ocp review

[0:50:31] Voice 11: that there's a referral sent to presentations.

[0:50:39] Voice 11: And on to James Island, one of the,

[0:50:43] Voice 11: I don't think I have heard an executive committee battle,

[0:50:47] Voice 11: and it really was a battle,

[0:50:49] Voice 11: two executive committee members against the other,

[0:50:53] Voice 11: and it went on for months over the James Island bylaws.

[0:50:56] Voice 11: And the James Island bylaws,

[0:51:00] Voice 11: This is an island 800 meters from the First Nation land and is a traditional inhabitants and everything else site for First Nations.

[0:51:15] Voice 11: The bylaws, in effect, created a private island after subdivision, which doesn't click in one's head correctly.

[0:51:27] Voice 11: but that is the case and the the whereas the previous bylaws that the 2007 north

[0:51:36] Voice 11: standard violence overturn uh allowed um about 20 percent of the island to be owned by honest

[0:51:45] Voice 11: trust conservancy and the five percent parkland dedication after the bottles there was none there

[0:51:51] Voice 11: was no public access whatsoever and indeed after the wilds were adopted newspapers reported that

[0:51:58] Voice 11: security boats from james island properties were getting rid of boats that approached the island

[0:52:05] Voice 11: that caused a storm and um uh the the the issue should have been the private island status it

[0:52:15] Voice 11: It was created, or rather the private island was guaranteed by a covenant, the very first

[0:52:23] Voice 11: covenant in the bylaws, which combines a conservancy covenant with a covenant which offers a minimum

[0:52:32] Voice 11: of 1.5 million cash in new instead of parkland.

[0:52:39] Voice 11: and uh at the time i raised repeatedly the objection that um the local government act

[0:52:48] Voice 11: does allow cash indeed that is quite correct but it does not allow cash in lieu in in those cases

[0:52:56] Voice 11: where there is no parks commission and i think the provincial intention of that section i think it's

[0:53:01] Voice 11: 548 or something local government is to guarantee when there's a new piece of land to be subdivided

[0:53:07] Voice 11: there will be initially parkland there after the Parks Commission can say we don't need any more

[0:53:13] Voice 11: parkland no more parkland but this was done at the outset and obviously the landowner put an

[0:53:19] Voice 11: enormous pressure on to have it private after subdivision and the cash in the new accomplished

[0:53:25] Voice 11: that unfortunately the Pender public swallowed the one and a half million and said that's coming to

[0:53:32] Voice 11: us we're going to buy a watershed protection property the whole thing was in my view an

[0:53:40] Voice 11: embarrassment for the islands trust and should these bylaws proceed they probably won't probably

[0:53:47] Voice 11: the province will defer to an application for the islands trust for outright ownership

[0:53:52] Voice 11: for outright ownership of james allen but if if they do get carry on the least that the the

[0:54:01] Voice 11: honest trust can do is to revoke

[0:54:04] Voice 11: that particular

[0:54:06] Voice 11: section, that

[0:54:07] Voice 11: passionate new section of the First

[0:54:09] Voice 11: Covenant in the Bibles.

[0:54:11] Voice 11: And I ask you to do so

[0:54:13] Voice 11: for no other reason to show

[0:54:15] Voice 11: good faith. Thank you.

[0:54:17] Voice 8: Thank you, Danny.

[0:54:19] Voice 8: Anybody else want to have a call?

[0:54:24] Voice 3: Thank you, Mike.

[0:54:26] Voice 3: My name is Julia Nichols

[0:54:28] Voice 3: and I'm here to address you on behalf

[0:54:30] Voice 3: of the tenure-core stewards

[0:54:31] Voice 3: and people who are alarmed about the clear-cutting happening on the islands.

[0:54:36] Voice 3: I have to say, I'm grateful for the work attributed by Erin O'Brien.

[0:54:40] Voice 3: Her research is the basis of this presentation.

[0:54:44] Voice 3: I have sent to the trustee and spellbound information this presentation, so you can see it there.

[0:55:01] Voice 3: The first thing I'd like to talk about is making sure DPAs are enforceable.

[0:55:07] Voice 3: At the September 29th meeting, all the trustees assured me that they were concerned about

[0:55:14] Voice 3: clear-cutting, but that the LTC must ensure that they legally have the level of authority

[0:55:20] Voice 3: to deal with logging practices.

[0:55:23] Voice 3: They stated that more analysis is needed or else the trust will lose its credibility.

[0:55:27] Voice 3: now galliano has an island-wide dpa which is legal and enforceable are you planning to follow

[0:55:36] Voice 3: their lead and what actions have you taken and is there a timeline the other thing uh that i would

[0:55:44] Voice 3: like to talk about is the submission to the crown council first i'm so thankful uh that the trust

[0:55:54] Voice 3: I just bought it to Crown Council, the 4815 to Crown Council.

[0:56:03] Voice 3: I asked in September if he saw the submission.

[0:56:07] Voice 3: The bylaw enforcement officer informed us that the submission to the court was confidential.

[0:56:13] Voice 3: Later, I heard

[0:56:14] Voice 1: this is not the case.

[0:56:16] Voice 3: It is not confidential that the trustees should have been able to see it and perhaps even the public.

[0:56:23] Voice 3: public. So this needs some attention. I believe a trustee asked to see the submission and

[0:56:31] Voice 3: I don't know yet have you seen the submission, the trustees, and what exactly did the staff

[0:56:37] Voice 3: communicate to Crown Council and does it include Elizabeth Miles' report and does it accurately

[0:56:43] Voice 3: depict the violator's non-compliance? And now that Crown Council has made the decision,

[0:56:49] Voice 3: can the submission be made public so now we're december 6th crown council decision

[0:57:01] Voice 3: so it's december 6 crown council said that we have no case and they gave a detailed set of

[0:57:09] Voice 3: reasons why which i haven't seen is this because our bylaw practices are not enforceable or we have

[0:57:17] Voice 3: procedural errors or um are bylaw practices full of flaws have they been corrected i understand

[0:57:25] Voice 3: that the chief administrative officer is responsible for our bylaws being enforceable

[0:57:31] Voice 3: and so i'd like to know what that person has done if that's the problem uh and then i'd like to be

[0:57:38] Voice 3: updated on that so with the limited information i have i can think of four things that could have

[0:57:45] Voice 3: have gone wrong crown council could be wrong our bylaw enforcement procedures could have errors

[0:57:51] Voice 3: our lawyers advice to crown council could be wrong or the information given to crown council

[0:57:57] Voice 3: could be wrong these are you know this was an expensive thing and i think it's it's incumbent

[0:58:06] Voice 3: on all of us to get to the bottom of it and figure this out because uh well um we just talked about

[0:58:16] Voice 3: um the staff was requested to get uh three um quotes from local people and

[0:58:28] Voice 3: warren you just said that uh you can't go on the property to do that sorry

[0:58:34] Voice 3: okay

[0:58:35] Voice 4: you

[0:58:38] Voice 3: just said you couldn't do that uh uh because it's trespassing and i'm a violent

[0:58:46] Voice 3: actually I think if somebody's doing something illegal somebody and we know

[0:58:53] Voice 3: this we've seen new logs that there is some way of accessing and I think we

[0:58:58] Voice 3: need to go to get legal advice and figure out how this can be dealt with

[0:59:06] Voice 3: because this is making a joke a real joke of our DPAs and our trees are

[0:59:12] Voice 3: following and the message out there that he's not the one that any of us wants to to have.

[0:59:20] Voice 3: I would like you to look into this and let us know what's going on.

[0:59:27] Voice 3: The trust enforcement staff really messed up with obtaining basic evidence about the blatant

[0:59:36] Voice 3: DPA violations. They measured 15 meters instead of 50 meters. This is really poor. The situation

[0:59:46] Voice 3: that stands provides a great precedence for every landowner to ignore all future DPA protections.

[0:59:54] Voice 3: So I'm asking for the following. One, that staff be accountable.

[1:00:00] Voice 3: for following directives and giving deadlines for following through also being accountable for

[1:00:07] Voice 3: telling the truth that violators be required to pay for having to done the damage and pay for the

[1:00:16] Voice 3: work for restoration that there's a follow-up on the count crown council ruling make the submission

[1:00:26] Voice 3: public as well as the decision from council if the fault is with the trust we have to start

[1:00:34] Voice 3: making corrections then there has to be follow-up with an appeal or to follow up with other levels

[1:00:41] Voice 3: of justice it feels like every time something happens we hit a wall it's not okay nothing can

[1:00:48] Voice 3: be done and i just don't believe it and we have to make it so that something can be done and the

[1:00:55] Voice 3: final thing is that we have to put in place that pender island has some enforceable island-wide

[1:01:02] Voice 3: dpas just like galliano has if they can do it why can't we thank you thank you

[1:01:10] Voice 12: justin morrison

[1:01:11] Trustee Morrison (probable): yeah sorry aaron did you want to respond as well yeah

[1:01:14] Voice 12: yeah i i mean go go ahead and i'll chime in

[1:01:19] Trustee Morrison (probable): yeah so

[1:01:20] Voice 1: we did bring this

[1:01:20] Trustee Morrison (probable): up at trust council related to some of your points um

[1:01:24] Trustee Morrison (probable): Um, and we're, we're going to talk about this later when we actually have the briefing report

[1:01:28] Trustee Morrison (probable): in more detail, but just a couple of quick points on it.

[1:01:31] Trustee Morrison (probable): Um, one is, it is something that is being discussed in trust counsel related to bylaw

[1:01:37] Trustee Morrison (probable): practices and just making sure that those are, we have a bylaw procedures that it's

[1:01:42] Trustee Morrison (probable): clear and trans like transparent and accurate.

[1:01:45] Trustee Morrison (probable): So the ombudsperson and VC has looked over the bylaw and given some feedback and that's

[1:01:51] Trustee Morrison (probable): currently being dealt with at the trust counsel level.

[1:01:54] Trustee Morrison (probable): because that's a trust-wide issue um we got the crown council decision while we were sitting in

[1:02:00] Trustee Morrison (probable): trust council in december um and so it did flavor the conversation let's say of um how both i think

[1:02:09] Trustee Morrison (probable): trustee camel and myself were feeling about what's going on at trust council around enforcement and

[1:02:15] Trustee Morrison (probable): this is not disparaging staff in particular but it just like why is it that there is a difference

[1:02:22] Trustee Morrison (probable): between what our lawyers said and what the crown council lawyers are saying like we need that

[1:02:27] Trustee Morrison (probable): rectified so we'll talk about that a little bit later when we have the the briefing report around

[1:02:33] Trustee Morrison (probable): it and um yeah so i think you know those and just to be clear with folks i did after after the

[1:02:43] Trustee Morrison (probable): various emails in the fall i did actually see the report and yes the letter from the concerns we

[1:02:48] Trustee Morrison (probable): went into the crown council so like i know that was a concern for people yes the letter from the

[1:02:52] Trustee Morrison (probable): conservancy went in with the crown council

[1:02:55] Voice 13: i think oh i just i think it's it's important too

[1:03:01] Voice 13: for people to understand where it was some of this where the burden of proof lands also with

[1:03:09] Voice 13: um the people that are making the application and there's been this i've seen it i think three

[1:03:17] Voice 13: three or four times in communication from folks

[1:03:21] Voice 13: that the trustees directed staff to go and get three quotes.

[1:03:27] Voice 13: That's not actually what the minutes reflect in the meeting.

[1:03:33] Voice 13: It was to ask them and put the burden of proof on them

[1:03:37] Voice 13: to come back with three quotes

[1:03:41] Voice 13: quotes on um on how on on on what a reasonable cost estimate would be because i don't think any

[1:03:50] Voice 13: of us disagree that five thousand dollars isn't going to fix um what what's been done and and it's

[1:04:00] Voice 13: and it is uh sort of an easy out if five thousand dollars is all it was to be able to sort of

[1:04:09] Voice 13: in air quotes rectify a situation a wrong that's already been done um we have options available to

[1:04:20] Voice 13: us moving forward and that's something that that deb and i and and and david and and staff will

[1:04:26] Voice 13: have to discuss how we get there but there's there seems to be this negativity towards

[1:04:35] Voice 13: towards what the staff is doing about stuff and i don't think that that's fair

[1:04:40] Voice 13: um we are the ones that that get to request that stuff uh from them and and it and it is right

[1:04:51] Voice 13: that we can't go out on the into their property and go and look at things and that was some of

[1:04:57] Voice 13: of the concerns in the crown council's report back was even potentially that there was even

[1:05:09] Voice 13: less that we could do and we have to figure out how we can navigate these situations

[1:05:17] Voice 13: to be able to do it right so that there is the possibility of crown council taking it

[1:05:24] Voice 13: more seriously down the road um so it's it it yeah it's a it's an ongoing conversation as deb said it

[1:05:32] Voice 13: it definitely flavored uh i think both of our our attitudes and psyches during the december

[1:05:41] Voice 13: um trust council meeting and and even since you know i know i sent out an email within all of us

[1:05:52] Voice 13: uh just frustrated and and trying to find out how we do what we're supposed to be doing better

[1:06:01] Voice 13: and

[1:06:04] Trustee Morrison (probable): maybe one addition to what aaron just said is um crown and and i i am a little unclear on what

[1:06:12] Trustee Morrison (probable): we can really see yet based on the fact that we're going to continue to pursue pathways um but

[1:06:18] Trustee Morrison (probable): my interpretation of what information we got back was not that there wasn't a case it's that there

[1:06:25] Trustee Morrison (probable): were enough challenges inside the difference of the legal opinion from crown council and the

[1:06:31] Trustee Morrison (probable): difference of legal opinion from our staff that they didn't think they could win a case

[1:06:36] Trustee Morrison (probable): right there is a rule broken but they don't know that they can win the case and so to me that's

[1:06:43] Trustee Morrison (probable): a slightly different issue and we have to solve that problem like why don't they think that they

[1:06:48] Trustee Morrison (probable): can win the case is that true is that not true should we try it like so we have to figure out

[1:06:53] Trustee Morrison (probable): today what's the next step that we can take um and there are a number of legal actions still that we

[1:06:59] Trustee Morrison (probable): can't take so we'll have to discuss that i

[1:07:04] Voice 7: don't

[1:07:06] Voice 4: know that i can say anything

[1:07:07] Voice 7: um yeah crown council

[1:07:10] Voice 7: also considers the probability of success right that's it's not that they can't win the case

[1:07:15] Voice 7: the probability of success and they're weighing hundreds of other cases in

[1:07:21] Voice 9: this balance so if you

[1:07:22] Voice 9: said there were four things there's a fifth one the fifth one is is this something that

[1:07:28] Voice 9: crown council has the resources and

[1:07:32] Voice 7: i heard you say it through the south wide and that's not

[1:07:38] Voice 7: not correct and that's what did staff

[1:07:43] Voice 3: want to see sorry we

[1:07:46] Voice 3: were it's there it wasn't confidential

[1:07:52] Voice 8: anybody else have anything else for town hall okay thank you very much um but

[1:07:59] Voice 16: i just want to

[1:08:01] Voice 16: say thank you this has been really informative for me and um i think it was a good discussion

[1:08:08] Voice 16: session personally and I'm

[1:08:11] Trustee Morrison (probable): glad I was here for it and we will talk more about this in the agenda

[1:08:16] Trustee Morrison (probable): related to that property because it's on the agenda so I know that everybody won't necessarily

[1:08:20] Trustee Morrison (probable): be here for all that but it is videoed and do watch it because we will touch base and we have

[1:08:26] Trustee Morrison (probable): a bunch of decisions we have to take next steps and

[1:08:28] Voice 8: we do try to be a little bit more flexible

[1:08:30] Voice 8: with the time it's because it's your opportunity so appreciate that all right so going forward

[1:08:38] Voice 8: There's no community information meeting, there's no public hearing today.

[1:08:42] Voice 8: We have minutes, we have several to look at.

[1:08:45] Voice 8: We have local trust committee minutes dated September 29, 2023.

[1:08:50] Voice 8: There's one correction.

[1:08:51] Trustee Morrison (probable): There's one correction.

[1:08:52] Trustee Morrison (probable): I sent the correction to staff.

[1:08:55] Trustee Morrison (probable): It noted that I, somewhere near the front, it noted that I was reportedly feeling saturated with some of the politics.

[1:09:02] Trustee Morrison (probable): That was not the gist of the statement.

[1:09:05] Trustee Morrison (probable): The gist was that it spoke about the challenges

[1:09:06] Trustee Morrison (probable): of finding effective ways to move forward

[1:09:09] Trustee Morrison (probable): on trust council governance issues.

[1:09:11] Trustee Morrison (probable): So that's what really needs to be in the notes.

[1:09:13] Trustee Morrison (probable): And I sent that over to staff

[1:09:14] Trustee Morrison (probable): so if we can make that amendment.

[1:09:16] Voice 8: Yes.

[1:09:18] Voice 8: Otherwise it is okay with that.

[1:09:20] Voice 8: So we can adopt them by consent as amended.

[1:09:24] Voice 8: Yeah.

[1:09:25] Voice 8: So next one, we have a trust committee special meeting

[1:09:28] Voice 8: minutes dated October 21st for adoption.

[1:09:30] Voice 8: option uh

[1:09:31] Trustee Morrison (probable): one on that one too if it's okay i would like and this is up to you aaron and david

[1:09:36] Trustee Morrison (probable): but i would like to add it just noted that i i entered the meeting at 106 and just to add a

[1:09:44] Trustee Morrison (probable): sentence that said apologizing that i thought the meeting was scheduled for the community hall

[1:09:48] Trustee Morrison (probable): because it looks like i was disrespectful to come in late and that was no not the intention i just

[1:09:52] Trustee Morrison (probable): was in the wrong place so um if we can just add that and i sent that note over as well

[1:09:58] Voice 8: all right so if there's something else but you said we will adopt those as event um section

[1:10:07] Voice 8: six resolution level meeting report um starts from on page 21 we have a series of

[1:10:18] Voice 8: resolution level meetings um do we need to adopt those

[1:10:24] Voice 8: or that's good for per se um right so that's there and there's the advisory planning commission

[1:10:35] Voice 8: meeting minutes and

[1:10:36] Trustee Morrison (probable): maybe just just to can i add a note about the resolutions about the meeting

[1:10:40] Trustee Morrison (probable): so we

[1:10:41] Trustee Morrison (probable): did that largely because of the november meeting being missed we didn't have our

[1:10:45] Trustee Morrison (probable): our agenda our scheduled meetings for this year so we couldn't hold this meeting until we adopted

[1:10:50] Trustee Morrison (probable): our meeting calendar so we had to do that without me so it wasn't any nefarious thing it was just

[1:10:54] Trustee Morrison (probable): to get that done so that we can go on with business so all

[1:10:58] Voice 8: right thank you so this is rising

[1:11:02] Voice 8: from the minutes we have follow-up action list on page 22 24. any highlights any questions

[1:11:10] Voice 8: i

[1:11:12] Voice 7: think to uh report to you unless you have any questions from each other

[1:11:16] Voice 8: anybody it seems that

[1:11:20] Voice 8: we're very very satisfied um all right so we will move on to correspondence we have five pieces of

[1:11:27] Voice 8: correspondence for us. How do you want to deal with this? One

[1:11:34] Voice 8: by one?

[1:11:35] Voice 8: I would

[1:11:38] Trustee Morrison (probable): like any of the housing related which there's a number

[1:11:42] Trustee Morrison (probable): of them. The second one from Michael Simons, the one from

[1:11:46] Trustee Morrison (probable): Julia, the one not so much the one from Karen. And I think those

[1:11:56] Trustee Morrison (probable): two, if we can have them added to the housing project would be

[1:12:00] Trustee Morrison (probable): helpful, because they had useful information in them. So the one

[1:12:03] Trustee Morrison (probable): from Michael Simons and the one from Julian, just have them

[1:12:06] Trustee Morrison (probable): added to the housing project file.

[1:12:13] Voice 8: So I just received them.

[1:12:14] Trustee Morrison (probable): And then the lighting issues we kind of talked about, I don't

[1:12:17] Trustee Morrison (probable): know if Paul wanted to add anything else about that at this

[1:12:20] Trustee Morrison (probable): time. Because you also have a note in here. Do you want to say

[1:12:25] Trustee Morrison (probable): anything that's

[1:12:26] Voice 7: the one regarding lighting installed certainly bring it up with our

[1:12:30] Voice 7: by a lot of people obviously regulating lighting outdoor lighting in particular

[1:12:35] Voice 7: it's not going to be particularly easy the potential for i i understand from the letter that

[1:12:42] Voice 7: it's uh that most of the issue is arisen because of one particular structure on what that is

[1:12:51] Voice 7: so it's tough to try to encompass new regulation that's going to deal with one particular structure

[1:12:59] Voice 7: in order to bottle impact the infrastructure the second thing that the letter the first two is the

[1:13:05] Voice 7: fact that the regulations to be retroactive that would be important and i think it's very very

[1:13:12] Voice 7: difficult for the province to remove grand modeling classes so yeah it might be a great thing

[1:13:19] Voice 7: to one but if we start removing the grandfathering clauses grandfathering clauses on mass it's just

[1:13:29] Voice 7: not workable so i understand the intent of what it is i'll bring it up with our byline people but

[1:13:36] Voice 7: i have very very little hope that there will be anything any substance given there at least the

[1:13:42] Voice 7: asks might be something we can do but it's not going to be able to cover it's just not totally

[1:13:48] Voice 7: unreasonable to cover everything else um

[1:13:50] Trustee Morrison (probable): on the firework one i'm wondering like that doesn't

[1:13:54] Trustee Morrison (probable): i don't think we have any jurisdiction to do anything about

[1:13:57] Voice 7: we've covered that i've talked

[1:13:58] Voice 7: to the constituent extensively and they now realize that it's effectively in the hands of

[1:14:04] Voice 7: the north pender fire department our department okay okay so

[1:14:09] Trustee Morrison (probable): we can think we can do should we

[1:14:11] Trustee Morrison (probable): refer this note to the fire department then just send it over to them or

[1:14:14] Voice 7: are they talking we could

[1:14:16] Voice 7: could I'm quite sure they're well aware of okay okay

[1:14:19] Trustee Morrison (probable): um I think I wouldn't mind just forwarding

[1:14:23] Trustee Morrison (probable): that letter to the motion well

[1:14:27] Voice 7: you could just refer it yourself uh

[1:14:29] Voice 4: yeah so who is it okay I

[1:14:34] Voice 4: will do that yeah

[1:14:37] Voice 8: trustee Campbell anything on correspondence or you know

[1:14:43] Voice 13: I'm good I was I was

[1:14:45] Voice 13: curious about the jurisdiction aspect on the uh fireworks thing but that sort of just got answered

[1:14:50] Voice 13: thank you

[1:14:54] Voice 8: all right and we'll move on to applications and referrals um first one of

[1:15:00] Voice 8: course is uh nprz 2023.1 pennywell and house of society um and we have a staff report starting

[1:15:08] Voice 8: from page 34.

[1:15:10] Voice 7: hey chair so bringing back uh bylaw number 24 for the consideration of the trust

[1:15:16] Voice 7: trust committee, staff are recommending that the local trust committee consider giving

[1:15:21] Voice 7: a second and third reading of the draft bylaw today. Staff have reviewed the item of trust

[1:15:27] Voice 7: policy statement during this checklist and determined that it is not contrary when the

[1:15:34] Voice 7: application is not contrary with those statements. The local trust committee can also review

[1:15:39] Voice 7: that. The door sign is recommended by staff. If you follow through with those four items,

[1:15:45] Voice 7: And then the next action would be for staff to direct the proposed by-law to executive committee for approval.

[1:15:55] Voice 7: There's no OCP amendment in this case, there's no requirement for ministerial approval, so you could then adopt it following that.

[1:16:04] Voice 7: There was some referral responses, both Thailand Health and the Ministry of Environment, Water and Natural Resources

[1:16:14] Voice 7: search of the water branch uh make some comments around our water supply uh it's they would appear

[1:16:20] Voice 7: not completely understanding that those properties would be built out uh so they would change the

[1:16:27] Voice 7: density for future use and there were some first nations responses as well relax and didn't uh

[1:16:37] Voice 7: respond with a number of overarching concerns but there were no uh concerns specific to the actual

[1:16:43] Voice 7: change and as the change is really just uh tied more to form and character rather than density

[1:16:50] Voice 7: staff would agree that it would be appropriate to proceed with consideration of reasons

[1:16:56] Voice 7: i will come back to the chair anybody have any questions or emotions

[1:17:08] Voice 7: So on page

[1:17:14] Voice 8: 34, we have five regulated motions.

[1:17:19] Trustee Morrison (probable): I have one clarification.

[1:17:21] Trustee Morrison (probable): I'm just trying to find it here.

[1:17:22] Trustee Morrison (probable): I just had a clarification on the letter from,

[1:17:28] Trustee Morrison (probable): maybe it's just because I'm not seeing it right here,

[1:17:31] Trustee Morrison (probable): but it's on page 50, the letter on page 50.

[1:17:34] Trustee Morrison (probable): new package um and i guess it i was unclear about the implication of that letter like

[1:17:44] Trustee Morrison (probable): it didn't say that it was it didn't say anything to me in terms of was yes or no it just like

[1:17:52] Trustee Morrison (probable): reserving rights for the future to say anything about that and so i i don't really know what to

[1:17:59] Trustee Morrison (probable): do with that in terms of consultation i

[1:18:02] Voice 7: would say in that case they don't have comment but they're

[1:18:05] Voice 7: reserving their right to comment and this would be a standard response to every referral

[1:18:13] Voice 7: they just want to reserve their right to comment and we see that a lot

[1:18:19] Voice 7: okay yeah

[1:18:20] Trustee Morrison (probable): it was good to see the letter because that's that's what i read into it but i just

[1:18:23] Trustee Morrison (probable): wanted to so i just wanted uh a quick question to the ec related sort of because i know that

[1:18:29] Trustee Morrison (probable): that one of the things that we had bounced back at us before

[1:18:31] Trustee Morrison (probable): was about that we didn't have kind of consultation.

[1:18:34] Trustee Morrison (probable): So is this appropriate?

[1:18:36] Trustee Morrison (probable): I believe so.

[1:18:38] Voice 8: And I lean heavily on staff

[1:18:41] Voice 8: to ensure that things are appropriate.

[1:18:43] Voice 8: We're going to EC, so.

[1:18:45] Voice 8: Yeah, I

[1:18:46] Voice 8: mean, in this case,

[1:18:47] Voice 8: if you step back and look at the impact of the bylaw

[1:18:50] Voice 7: on the First Nations interests,

[1:18:53] Voice 7: I think you could then infer the response from them.

[1:18:59] Voice 7: that they were concerned okay

[1:19:03] Voice 8: thank you trustee campbell do you have any questions no i'm just

[1:19:07] Voice 3: looking at policy yeah yeah yeah

[1:19:12] Voice 13: i i think when when i read i read through the referral letters

[1:19:16] Voice 13: i just read that one as saying a very it just said the same thing that the other letters were

[1:19:24] Voice 13: saying only differently it seems like they just seemed to put a few more words into it

[1:19:29] Voice 13: that made it sound a bit more confusing but my understanding of it was what

[1:19:34] Voice 13: David has just just said is that it was a there they want to be able to you to

[1:19:42] Voice 13: continue to have send them referrals but that they didn't have anything specific

[1:19:48] Voice 13: to this one to say okay

[1:19:52] Voice 4: thank you timing

[1:19:54] Voice 8: wise if we go through these five

[1:19:57] Voice 8: today. Is it shovel ready for EC? Can I get popped over for next week's agenda?

[1:20:05] Voice 7: It's not that shovel ready. Next week's agenda.

[1:20:13] Voice 7: Probably

[1:20:13] Voice 8: end of today.

[1:20:19] Voice 7: So what I would suggest is that they would be on EC agenda after that because you don't have

[1:20:25] Voice 7: another meeting after february 23rd until april you might want to consider uh passing a resolution

[1:20:32] Voice 7: that staff seek adoption by rwf while they're acceptable if you want to do this a little faster

[1:20:39] Voice 7: so

[1:20:40] Voice 8: is somebody prepared to start

[1:20:48] Voice 8: um it's 34 there i

[1:20:54] Trustee Morrison (probable): moved that the north pender local island trust committee um by law number

[1:20:58] Trustee Morrison (probable): number 234, cited as North Pender Island use number, sorry, bylaw number 244,

[1:21:04] Voice 8: sorry,

[1:21:07] Trustee Morrison (probable): 224,

[1:21:08] Trustee Morrison (probable): 2022, amendment number 1, 2023, be read a first time.

[1:21:13] Voice 8: Seconder? Mr. Campbell? Any discussion?

[1:21:18] Voice 8: Call question on favor? And that carries.

[1:21:22] Trustee Morrison (probable): The North Pender Island Local Trust Committee

[1:21:24] Trustee Morrison (probable): bylaw number 234 said it is north pender island land use bylaw number 224 2022 amendment number

[1:21:31] Trustee Morrison (probable): 1 2023 be read a second time

[1:21:33] Voice 8: seconded seconded get to gamble any discussion call a question all

[1:21:39] Voice 8: in favor that carries that

[1:21:41] Trustee Morrison (probable): the north pender island local trust committee bylaw number 234

[1:21:44] Trustee Morrison (probable): said it is north pender island land use bylaw number 224 2022 amendment number one gosh all

[1:21:54] Trustee Morrison (probable): these numbers 2023 be read a third time

[1:21:56] Voice 8: all in favor okay

[1:22:03] Trustee Morrison (probable): that the north pender island local

[1:22:07] Trustee Morrison (probable): trust committee has reviewed the island's trust policy statement directly directives only checklist

[1:22:12] Trustee Morrison (probable): and determined that bylaw number two three four cited as the north pender island land use byron

[1:22:17] Trustee Morrison (probable): number 224 2022 amendment number one 2023 is not contrary to or at variance with the island's trust

[1:22:25] Trustee Morrison (probable): policy statement.

[1:22:27] Voice 12: Seconded. Seconded. Discussion?

[1:22:30] Trustee Morrison (probable): Yeah, one discussion on that. We're still operating

[1:22:33] Trustee Morrison (probable): under a trust policy statement that is like 20-something years old. I just have to say that.

[1:22:38] Trustee Morrison (probable): Okay.

[1:22:39] Voice 8: Okay, call the question. All in favor? That carries.

[1:22:44] Trustee Morrison (probable): Beth, the North Pender Island Local Trust

[1:22:46] Trustee Morrison (probable): Committee proposed bylaw number 234 be forwarded to the Secretary of the Islands Trust for Executive

[1:22:52] Trustee Morrison (probable): And

[1:22:52] Voice 8: do we tag something on there about RWN or is there a second motion?

[1:22:56] Voice 8: Okay, so seconded.

[1:22:59] Voice 8: Seconded.

[1:23:00] Voice 8: Discussion? All questions all in favour? And then a final on the fly motion.

[1:23:06] Voice 8: I can give it to you.

[1:23:07] Voice 7: That the, sorry, the Buckeye-Pender Island Local Trust Committee directs staff to adopt bylaw number 234 by RWN.

[1:23:29] Voice 7: And you can

[1:23:32] Voice 8: send that to our recording.

[1:23:34] Voice 7: Yeah. All

[1:23:36] Voice 8: right. That's that's fairly straightforward

[1:23:37] Voice 8: for repair. Trustee Campbell seconded that. Yes. No discussion. No. Call the question

[1:23:45] Voice 8: in favor that carries and

[1:23:48] Trustee Morrison (probable): maybe can i just ask um like as you talk to them about that um because you

[1:23:54] Trustee Morrison (probable): so will will they need to be able to do that requested out motion like is that going to

[1:24:00] Trustee Morrison (probable): cause issues at the trust council or at the executive council level on something like that

[1:24:04] Voice 4: yeah

[1:24:05] Voice 8: i

[1:24:08] Voice 4: know i know but

[1:24:09] Voice 8: so but you see those things yes you wouldn't even know

[1:24:12] Trustee Morrison (probable): Oh, so it's going to, okay, I understand what you mean.

[1:24:15] Voice 8: Yeah, no,

[1:24:16] Trustee Morrison (probable): I get it, yeah, thank you.

[1:24:17] Voice 8: Yes, very funny, it's nice, it's easy, that's honest.

[1:24:21] Voice 4: Some of these procedural things still mind-boggling.

[1:24:24] Voice 8: But rest assured, we're moving forward

[1:24:28] Voice 8: in the lightning speed, or at least our-

[1:24:32] Voice 8: Yeah, this test version

[1:24:33] Trustee Morrison (probable): of lightning speed is fine.

[1:24:34] Voice 8: Not lightning speed, so we're going, this is amazing.

[1:24:37] Voice 8: So, thank you very much.

[1:24:40] Voice 8: so okay so we're done with that yep excellent really appreciate that good luck thank you for

[1:24:47] Voice 4: answering all our questions and providing what we needed all

[1:24:50] Voice 8: right so next up we have um npsub

[1:24:54] Voice 8: 2023.2 jayton properties staff memo attached so

[1:25:00] Voice 9: uh this is a memo primarily

[1:25:01] Voice 9: dot big local bus committee um there's a new subdivision application from jayton

[1:25:06] Voice 9: by J. Don Properties, rightly. There's a bit of background in the memo. Last term,

[1:25:14] Voice 7: there was a subdivision application that was ultimately refused by

[1:25:19] Voice 7: the Provincial Proving Officer last

[1:25:21] Voice 9: year, like last year, a new technically new subdivision application was submitted by J. Don Properties. However, the layout is identical to the subdivision

[1:25:33] Voice 7: that was considered over the last several years.

[1:25:37] Voice 7: um that was referred to us for review through the normal uh process industry transportation

[1:25:44] Voice 7: and infrastructure uh confirmed with ministry staff that they're treating it as a brand new

[1:25:50] Voice 7: application it's not a uh applied application or anything like that and so consequently we

[1:25:57] Voice 7: are treating this for all the same patient um so

[1:26:02] Voice 9: through the normal course of reviewing that

[1:26:04] Voice 9: staff will be responding to the Ministry of Transportation with any

[1:26:10] Voice 7: conditions of subdivision based on the by-law.

[1:26:15] Voice 7: At this point, there's no decision required from the local trust committee.

[1:26:24] Voice 7: However, if the trust wishes, it could consider a resolution similar to the resolution of the last time.

[1:26:36] Voice 7: that forming the approving officer that the LTC would not consider it in the public interest

[1:26:43] Voice 9: until the duty to

[1:26:44] Voice 7: consult with First Nations has been fully satisfied and necessary nations

[1:26:48] Voice 7: interests accommodated. Communicate that to the First Nations.

[1:26:55] Voice 9: Attached to the memo is

[1:26:57] Voice 9: is a submission from the representatives

[1:26:59] Voice 9: of James Allen Properties

[1:27:01] Voice 7: outlining

[1:27:05] Voice 7: differences in the approach to the subdivision application

[1:27:09] Voice 7: that is currently being proposed by James Allen Properties.

[1:27:14] Voice 7: Like I said, the layout is identical

[1:27:17] Voice 7: as representative of James Allen Properties.

[1:27:25] Voice 4: Any questions?

[1:27:28] Voice 4: Do we want to hear from them all?

[1:27:32] Voice 5: yeah greg atkins with uh law corporation staff uh trustees chair thanks for having us here

[1:27:39] Voice 5: uh we're legal counsel for uh for the landlord jai properties um here just to lend support to

[1:27:46] Voice 5: the application be here present to answer any questions that might happen uh i wanted to say

[1:27:50] Voice 5: we're uh in support of everything that was in staff's memo we agree with what was there

[1:27:55] Voice 5: we provided uh additional information supplementary to the application to

[1:27:59] Voice 5: explain what the differences are between this application and the prior application

[1:28:04] Voice 5: um that's all for you and on the record and uh we're here again thank you for having us and uh

[1:28:10] Voice 5: to support the application with these questions we're here thank you very much

[1:28:15] Voice 5: but you

[1:28:16] Voice 13: can't have any questions

[1:28:17] Voice 5: i'm

[1:28:18] Voice 13: just wondering if um this might be not specific to

[1:28:22] Voice 13: this very moment but if i could maybe get some sort of a background history on what

[1:28:31] Voice 13: kind of happened with the last one especially if this is a fairly um cookie cutter uh copy of what

[1:28:41] Voice 13: what the first application was just to get maybe a summary from brad or or robert or whoever was

[1:28:50] Voice 13: was the planner on that uh just as to what the challenges were and why the decision was made

[1:28:56] Voice 13: the first time just so i can educate myself better yeah not

[1:29:01] Voice 13: necessarily in this moment but just

[1:29:03] Voice 13: you know over the next little bit yeah

[1:29:07] Voice 9: i can send you some background information for the last time

[1:29:12] Voice 9: okay and

[1:29:13] Trustee Morrison (probable): i think um maybe i'll speak to a few things since i can't talk to trustee campbell

[1:29:18] Trustee Morrison (probable): directly about this application i'll speak to

[1:29:21] Trustee Morrison (probable): a few things on record around it just so you

[1:29:23] Trustee Morrison (probable): care of my take since i was sitting on that council last term yeah um

[1:29:27] Trustee Morrison (probable): so what when it came

[1:29:30] Trustee Morrison (probable): to us it was actually quite far down the path i think um i remember all the details correctly

[1:29:34] Trustee Morrison (probable): because um yeah anyway there and robert can tell you in on all that detail but we got a signing for

[1:29:43] Trustee Morrison (probable): the covenant is what i first noticed it and flagged it around and my question given our

[1:29:51] Trustee Morrison (probable): reconciliation declaration was have First Nations been consulted. And so that, you know, keeping in

[1:30:00] Trustee Morrison (probable): with DRIPA which I believe was enacted by then um you know it's all it was a very muddy time because

[1:30:06] Trustee Morrison (probable): nobody really knew how that comes down um and so I just asked that question like has First Nations

[1:30:13] Trustee Morrison (probable): been consulted and so we actually had multiple conversations with the landowners with um and our

[1:30:18] Trustee Morrison (probable): chair went and met with the um subdivision officer and just like we thought about it quite a bit

[1:30:24] Trustee Morrison (probable): about like what to do because it seems like a really really good thing to sign a

[1:30:28] Trustee Morrison (probable): a conservation covenant right it's really hard not to sign a conservation covenant

[1:30:32] Trustee Morrison (probable): but the concern was that our signature on the conservation covenant say it's basically

[1:30:39] Trustee Morrison (probable): tacit approval that we're okay with the subdivision and we're not really okay with

[1:30:43] Trustee Morrison (probable): the subdivision if first nations consultation hasn't been done so that was the issue um and

[1:30:50] Trustee Morrison (probable): so i noticed in the letter thanks very much for the letter from the um applicant that they have

[1:30:57] Trustee Morrison (probable): have actually addressed that specific issue in their letter um saying that and it's actually

[1:31:04] Trustee Morrison (probable): right at the beginning consultation with the sale um really trying to understand how to make that

[1:31:10] Trustee Morrison (probable): effective and the issue and again this is somewhat my limited understanding from that particular

[1:31:16] Trustee Morrison (probable): situation and like trying to become informed about it but um in the 40s or 50s i guess it was

[1:31:25] Trustee Morrison (probable): or maybe even in the 20s in the first world war um james island uh reverted to the crown for some

[1:31:31] Trustee Morrison (probable): and you can i mean robert probably knows his background it did revert to the crown but the

[1:31:36] Trustee Morrison (probable): crown there was a ammunitions people based on

[1:31:39] Voice 9: the ammunitions um plant yeah yeah uh it was a

[1:31:44] Voice 9: private company

[1:31:44] Voice 7: yeah producing emissions for the first yeah

[1:31:47] Trustee Morrison (probable): and but the the stay out are disputing

[1:31:51] Trustee Morrison (probable): that it's um theirs under the one of the douglas treaties i think it is and so that's the question

[1:31:57] Trustee Morrison (probable): that exists right now and i think it is given the letter from the um applicant here it is the

[1:32:02] Trustee Morrison (probable): dilemma that the seo even face in coming into consultation with the applicant because they're

[1:32:08] Trustee Morrison (probable): in a dispute with the federal government and so it's a complicated situation and so the applicant

[1:32:15] Trustee Morrison (probable): is willing to engage in consultation with the seeking the crown to engage the consultation

[1:32:22] Trustee Morrison (probable): process which is appropriate and that's not the province that's the federal crown because of how

[1:32:27] Trustee Morrison (probable): everything came down here so and um then through the province and that is appropriate like the

[1:32:34] Trustee Morrison (probable): crown needs to get in and to that and like navigate that issue because there's a treaty

[1:32:39] Trustee Morrison (probable): the situation there so that's the issue so i would i'm happy to see all this documentation

[1:32:48] Trustee Morrison (probable): and i would i i don't know what the next step for us would be and whether

[1:32:54] Trustee Morrison (probable): we actually actually

[1:32:55] Trustee Morrison (probable): write a letter at the ltc thing we request the crown you know on board

[1:32:59] Trustee Morrison (probable): so it's

[1:33:02] Voice 7: fairly preliminary right now we're doing a review of the zoning double checking that

[1:33:08] Voice 7: then we send a response to the Ministry of Transportation and they get responses from

[1:33:13] Voice 7: other agencies and they put that together in what is called the Preliminary Layout Relief Letter

[1:33:18] Voice 7: which has all the conditions listed on the Chair of the First Nations Consultation

[1:33:22] Voice 7: front and centre and that. So we can report back and that's going to be a while for the

[1:33:28] Voice 7: Ministry to go through that

[1:33:29] Voice 7: process. So one option is we can report back when there is a

[1:33:36] Voice 7: letter issued by

[1:33:39] Voice 7: the improving officer

[1:33:40] Voice 7: because that kind of starts the

[1:33:43] Voice 7: clock on getting

[1:33:45] Voice 7: those conditions. Okay.

[1:33:48] Trustee Morrison (probable): I would love it if we could make sure that

[1:33:50] Trustee Morrison (probable): whenever we send with them, is this sort of

[1:33:52] Trustee Morrison (probable): that information on this with our concern before

[1:33:54] Trustee Morrison (probable): it's our concern, we make sure consultation

[1:33:56] Trustee Morrison (probable): is part of this. So

[1:33:58] Voice 7: that could be something provoked across

[1:34:00] Voice 7: the community as part of a solution

[1:34:03] Voice 7: that

[1:34:05] Voice 7: then we can include that

[1:34:06] Voice 7: with our preliminary response.

[1:34:08] Trustee Morrison (probable): that would be good so i don't know exactly how that sounds but i'm happy to try and make that

[1:34:15] Trustee Morrison (probable): um would it sound something like um that we the local trust committee request staff to provide

[1:34:22] Trustee Morrison (probable): the provincial authorizing whatever provincial approving officer with information regarding our

[1:34:29] Trustee Morrison (probable): concerns about consultation okay do i need to say that again um

[1:34:36] Voice 8: whoever is doing the recording

[1:34:38] Voice 8: according to the Secretary's report.

[1:34:39] Voice 8: Did you get enough of that to get it for the minutes?

[1:34:54] Voice 15: Yes, through the Chair, I got that motion.

[1:34:57] Voice 15: Thank you.

[1:34:57] Trustee Morrison (probable): Can you just read it back for me?

[1:35:01] Voice 15: It was moved that the North Pender Island

[1:35:03] Voice 15: Local Trust Committee request staff

[1:35:05] Voice 15: to provide provincial approving officer

[1:35:08] Voice 15: with information regarding our concerns.

[1:35:12] Voice 15: Oh, sorry, I stopped typing when you asked me.

[1:35:15] Voice 15: Regarding our- That's okay.

[1:35:16] Trustee Morrison (probable): Our concerns about First Nations consultation.

[1:35:19] Trustee Morrison (probable): consultation. First

[1:35:20] Voice 15: Nations consultation. Yeah, thank you.

[1:35:22] Voice 15: Thank you very much. And again, my

[1:35:24] Trustee Morrison (probable): my issue here is not yay or nay on the it's provincial jurisdiction to deal with the

[1:35:30] Trustee Morrison (probable): subdivision. My concern here is that we make sure we do our our duty under DRIPA. And so

[1:35:38] Trustee Morrison (probable): and that duty applies to whatever we sign. So I don't, right. So I just want to make sure that

[1:35:43] Trustee Morrison (probable): first nations um and i also don't want to waste the applicant's time going through a bunch of

[1:35:51] Trustee Morrison (probable): stuff if they haven't like put that into the ground floor so okay

[1:35:56] Voice 8: so second trustee campbell

[1:35:59] Voice 8: okay into the discussion call question that carries so nothing more on that

[1:36:10] Voice 4: do you need anything else from us on that no okay

[1:36:12] Voice 8: all right excellent thank you very much

[1:36:14] Voice 8: much um next up we have an npdp 2023 three shave staff report attached that's page 17. thank you

[1:36:27] Voice 7: chair so we'll just have some discussions already today regarding the uh the last piece of the

[1:36:34] Voice 7: development permit uh discussion for the shade property 4815 screen away the staff have made

[1:36:44] Voice 7: an extensive effort to try to seek a more robust set of quotes as requested by the local trust

[1:36:52] Voice 7: committee. We contacted them several times with no response. At this point, it was reported by

[1:37:03] Voice 7: professional biologists with a lot of expertise in this kind of restoration work. I believe that

[1:37:14] Voice 7: an estimate with 100%

[1:37:16] Voice 7: competency may be reasonable as a

[1:37:18] Voice 7: security deposit.

[1:37:20] Voice 7: So the local trust

[1:37:22] Voice 7: will be on that back today.

[1:37:25] Voice 7: All right.

[1:37:28] Voice 7: Let's start out.

[1:37:32] Voice 8: Trustee Campbell,

[1:37:33] Voice 8: do you want to lead off the discussion?

[1:37:36] Voice 13: Sure. Just reading

[1:37:39] Voice 13: through

[1:37:41] Voice 13: kind of what, the way I

[1:37:43] Voice 13: understand

[1:37:44] Voice 13: what our requirements

[1:37:46] Voice 13: for

[1:37:47] Voice 13: or what needs to happen when they do the remediation work on the property.

[1:38:00] Voice 13: I don't see that reflected in what that quote is.

[1:38:04] Voice 13: When you start talking about bringing in machinery to remove the compaction of the soil

[1:38:16] Voice 13: and bring in uh spreading chips and stuff around like i just don't i don't get that i've worked in

[1:38:27] Voice 13: construction most of my life uh have a farm and and machinery and i understand what a lot of those

[1:38:39] Voice 13: costs are and i just i i i wouldn't take a job like this on for five thousand dollars and so

[1:38:48] Voice 13: So when I look at that quote, I don't think that that is at all accurate.

[1:38:54] Voice 13: I think it's probably about five times that amount of money, looking at about a $25,000 restoration bill.

[1:39:03] Voice 13: And I don't see how we, what are our, like, what realistically are our options for dealing with something like this with a quote like that?

[1:39:19] Voice 13: i i yeah i i don't see how i could accept that even a hundred percent on top of what that quote

[1:39:28] Voice 13: is being realistic for the amount of the number of trees that were cut down and the amount of

[1:39:34] Voice 13: space that was cut out of the dpa i just i don't get it so i yeah i don't know how we proceed with

[1:39:41] Voice 13: this okay

[1:39:43] Voice 8: so the question to staff would be is how arbitrary can the local trust could be in

[1:39:48] Voice 8: in establishing that dollar amount well

[1:39:50] Voice 9: it's not particularly clear like there's no definition in

[1:39:54] Voice 9: the procedures by law or anything so staff has suggested agree that it's you know it seems low

[1:40:01] um so we suggest 100 i

[1:40:04] Voice 7: think the ltc could

[1:40:06] Voice 9: include a higher could go higher

[1:40:11] Voice 8: So, so, so if this LTC said $20,000 as an arbitrary figure, I

[1:40:18] Voice 7: don't think you want to

[1:40:18] Voice 7: use the word arbitrary, but

[1:40:20] Voice 9: it seems like a reasonable amount and just keep in mind,

[1:40:24] Voice 9: this is a

[1:40:24] Voice 7: deposit bond to ensure the work is done.

[1:40:29] Voice 7: We've never actually cashed any of these bonds to be get occasionally the restoration landscape,

[1:40:35] Voice 7: the work's done and then we fund it.

[1:40:40] Voice 7: So yeah,

[1:40:41] Voice 12: it just seems, oh, sorry, go ahead Deb.

[1:40:45] Trustee Morrison (probable): No, I mean, I just have a question about that too,

[1:40:48] Trustee Morrison (probable): because like, are we allowed to hold this bond

[1:40:51] Trustee Morrison (probable): for free to grow status because like free to grow status

[1:40:55] Trustee Morrison (probable): in terms of like, you're going to plant these trees

[1:40:56] Trustee Morrison (probable): and walk away and they're going to die

[1:40:58] Trustee Morrison (probable): or like, are we going to actually monitor

[1:41:00] Trustee Morrison (probable): if I plant 15 years?

[1:41:02] Voice 7: Program requires that they should survive

[1:41:05] Voice 7: to go into the streets or some dishes okay requires all of them

[1:41:09] Trustee Morrison (probable): sorry do you know off the

[1:41:11] Trustee Morrison (probable): top of your head what the time frame is on that just because like like when we you know i worked

[1:41:18] Trustee Morrison (probable): in forestry for like 10 years and you know one of the things that we had to do is get free to

[1:41:24] Trustee Morrison (probable): grow status for to reduce liability on a space and i'm like that's

[1:41:28] Voice 4: i want to see free to grow

[1:41:29] Voice 4: status here so i want to hold off the money until we know that space is actually regenerating

[1:41:34] Voice 4: and it will never be exactly as it was because of course a raptor tree is very specific the tree is

[1:41:48] Voice 7: still there

[1:41:49] Voice 4: yes i know but it's compromised with monitoring

[1:41:56] Voice 7: and guidance is to be conducted by a

[1:41:59] Voice 7: registered professional biologist to ensure that all restoration conditions here have been met to

[1:42:04] Voice 7: the satisfaction.

[1:42:09] Voice 4: Okay, but no timeline. Is it

[1:42:15] Voice 13: something that comes back to us, like say,

[1:42:22] Voice 13: like releasing the deposit? Does that come back to the LTC to approve the releasing of the

[1:42:30] Voice 13: deposit at the time when it's claimed the remediation has been done?

[1:42:36] Voice 7: The permit requires that

[1:42:38] Voice 5: within two years they complete all of the conditions.

[1:42:41] Voice 13: But to Deb's point, if free to grow takes longer to establish than the two years and say the term is five, would that come back to the LTC of the time, I guess, then to say we believe that the conditions have been covered and can we release the deposit now?

[1:43:10] Voice 13: is that are like are we still involved in that conversation at that time

[1:43:14] Voice 9: typically the ltc is

[1:43:17] Voice 9: not like the

[1:43:17] Voice 7: issue of the permit

[1:43:18] Voice 7: security deposit like we have a

[1:43:21] Voice 7: letter of credit at the driftwood

[1:43:22] Voice 7: center right the

[1:43:24] Voice 7: work was never finished um it worked and so the um landscaping associated with

[1:43:32] Voice 7: that work is never done um so we're still holding a letter of credit here since eight years later

[1:43:37] Voice 7: later. So to answer your question, the deposit's not released until the applicant comes to

[1:43:49] Voice 7: us and says the permit's finished, and then we look at the conditions in the permit to

[1:43:55] Voice 7: make sure that they've been met. So if the LTC wants to include a longer term time period

[1:44:04] or different language that is longer period

[1:44:10] Voice 7: for being established then you come back with a

[1:44:14] Voice 7: modified permit. There is language in the permit under condition O that speaks to all replanting

[1:44:22] Voice 7: shall be maintained by the property owner including necessary irrigation for a period of

[1:44:27] Voice 7: three years from the completion of the planting or until they have reached the suitable free to

[1:44:32] Voice 7: growth stage of one to survive so they would have two years to complete the conditions of planting

[1:44:39] Voice 7: they would once those are planted they have a requirement for another three years

[1:44:46] Voice 7: to maintain and monitor those troops

[1:44:49] Voice 10: okay and

[1:44:49] Voice 4: so the the brain is not holding

[1:44:53] Trustee Morrison (probable): on to all this legal

[1:44:54] Trustee Morrison (probable): language today um the letter of credit would be maintained until that condition was also met well

[1:45:05] Voice 7: Right now it's not worded that way. Right now it's worded that it shall be returned when the

[1:45:16] Voice 7: when we're where the development authorized

[1:45:19] Voice 7: by this permit has been completed the security

[1:45:21] Voice 7: shall be returned to the permit holder providing so I guess you could wait the five years.

[1:45:26] Trustee Morrison (probable): Yeah so maybe yeah I think for me I would like it to be that all conditions of the permit are met.

[1:45:32] Trustee Morrison (probable): So

[1:45:33] Voice 7: that's what it says, provided the conditions. So you would have the authority to keep that until those trees are either three years past plant days and still alive or have reached their free-to-grow stage at 1.5 weeks.

[1:45:48] Voice 7: that's what that condition achieved and so you could conceivably keep that money in your pocket

[1:45:57] Voice 7: until those trees are at free growth stage or if they died you could pick some of that money

[1:46:05] Voice 7: so i

[1:46:07] Trustee Morrison (probable): think a couple things here we're talking on a couple different tangents here one is

[1:46:10] Trustee Morrison (probable): is there enough money in the pot already and is it adequate what they're proposing to do

[1:46:35] Voice 7: I can't direct a contractor to go and a contractor have to go look at the site. I can't do that

[1:46:41] Voice 7: in the complete absence of any communication from the property owner, let alone, I'm sure

[1:46:46] Voice 7: Yeah.

[1:46:48] Trustee Morrison (probable): Okay. So I guess, I guess, so Aaron, I'm reluctant to issue any kind of permit without

[1:46:56] Trustee Morrison (probable): like a couple of quotes and we're in a dilemma right now where we can't get them because that's

[1:47:02] Trustee Morrison (probable): what Brad's talking about. And so then it's the lack of information is, I laugh because I'm

[1:47:11] Trustee Morrison (probable): frustrated by the system and it's not from staff or anything. It's just literally the system.

[1:47:15] Trustee Morrison (probable): basically we're in a situation where our ability to not act because we want more information

[1:47:21] Trustee Morrison (probable): is being hindered by the applicant who is not helping us in this situation and it's a

[1:47:27] Trustee Morrison (probable): bylaw enforcement situation that we're trying to repair and so all of that basically favors

[1:47:33] Trustee Morrison (probable): the applicant in not doing anything if we don't make a move

[1:47:36] Trustee Morrison (probable): right and so

[1:47:38] Trustee Morrison (probable): like it is it's frustrating

[1:47:44] Voice 9: So, like I said earlier, concerns

[1:47:48] Voice 7: about the amount, the bond, as long as the LTC is reasonably

[1:47:55] Voice 7: and you think it's too low, it's too low.

[1:47:59] Voice 7: Reasonable amount, and they approve the permit for issuance once the bond is received.

[1:48:05] Voice 7: if we now have something kind of a permit that as a condition

[1:48:09] Voice 9: we can enforce right now

[1:48:14] Voice 9: the uh we have no conditions to enforce something we can't require and perversely if they start

[1:48:24] Voice 9: doing the restoration themselves in the absence of a permit we would be in a position where we

[1:48:28] Voice 9: could enforce them on the work without a permit the whole local government enforcement system

[1:48:35] Voice 7: is geared originally it's geared towards compliance coming to compliance the way they

[1:48:41] Voice 7: come into compliance is to get a permit for restoration and we can hold them to those

[1:48:46] Voice 9: conditions if something we have another right now we are enforcing on the fact they don't have a

[1:48:53] Voice 9: permit

[1:48:54] Trustee Morrison (probable): okay so i yeah and i totally get it so there's and and i think i need just to be really

[1:48:59] Trustee Morrison (probable): clear issuing this permit or not issuing this permit we have held off up until now to issue

[1:49:04] Trustee Morrison (probable): this permit because we want the provincial government to enforce on this and given the

[1:49:09] Trustee Morrison (probable): crown decision some conversations like we want them to take responsibility for the things they

[1:49:14] Trustee Morrison (probable): need to do first so we can understand where we think the problems are and what we think the

[1:49:18] Trustee Morrison (probable): costs really are we felt like that could be uncovered more deeply if there was the crown

[1:49:22] Trustee Morrison (probable): council actually did so without that information and correct me if i'm wrong about that but that

[1:49:28] Trustee Morrison (probable): was part of the reason for waiting for the crown council to make a decision yes

[1:49:32] Voice 12: yeah yeah okay

[1:49:33] Trustee Morrison (probable): Okay, so because we have a decision that's a non-decision, like it's like we don't want to go forward with the legal thing.

[1:49:41] Trustee Morrison (probable): I think we have two options right now.

[1:49:44] Trustee Morrison (probable): One, if I understand this correctly, and rather I think you and Warren can correct my straying ideas on this.

[1:49:50] Trustee Morrison (probable): We can issue the permit with some version of what we think is an estimate, which we are frankly going to pick out of the air, to some degree.

[1:49:59] Trustee Morrison (probable): you know like there's some information we have informed but we're just going to make a critical

[1:50:04] Trustee Morrison (probable): decision to have people about that um and or we can um i my understanding is there's some ability

[1:50:12] Trustee Morrison (probable): for us to pursue an alternative legal pathway as the trust and maybe warren can help me with that

[1:50:19] Trustee Morrison (probable): so

[1:50:22] Manager of Bylaw Compliance and Enforcement: through the chair if you're talking about prosecution right now you don't have any

[1:50:26] Manager of Bylaw Compliance and Enforcement: avenue to prosecute an offense you can pursue legally the requirement to get the required

[1:50:33] Manager of Bylaw Compliance and Enforcement: permit and really that's it and once the permit's been issued is pursued legally that they comply

[1:50:41] Manager of Bylaw Compliance and Enforcement: with the permit conditions okay

[1:50:46] Trustee Morrison (probable): and so because we are in a situation where bylaw and i don't

[1:50:50] Trustee Morrison (probable): disagree that what we need to do with bylaw is have enforcement but because this is also a dilemma

[1:50:56] Trustee Morrison (probable): and this is what we raised at trust council in december this is a dilemma for the trust

[1:51:00] Trustee Morrison (probable): because it's a dilemma in which we're saying that we have dpas in force which are good dpas

[1:51:09] Trustee Morrison (probable): to protect raptors and we and we can't get crown prosecution to say if you violate that you should

[1:51:15] Trustee Morrison (probable): have like significant financial repercussions which which should in my belief be the case

[1:51:24] Trustee Morrison (probable): like they took wood off that property and sold it and they disrupted an area around the raptors in

[1:51:30] Trustee Morrison (probable): ways that i just i think are so disrespectful anyway um if we can't pursue ourselves legally

[1:51:39] Trustee Morrison (probable): any recourse for that um this is a bylaw enforcement permit like to bring people into

[1:51:48] Trustee Morrison (probable): compliance they've broken trust with the community already so i feel like the amount into your

[1:51:55] Trustee Morrison (probable): reasonable comment like what's reasonable if they've already broken trust because they've

[1:51:58] Trustee Morrison (probable): cut in a raptor dpa i feel like we should hold them to a slightly like like i don't know what

[1:52:07] Trustee Morrison (probable): they're going to do or what they're not going to do and i don't know what it's going to cost

[1:52:10] Trustee Morrison (probable): or not they're not doing anything from that

[1:52:12] Trustee Morrison (probable): yes i

[1:52:14] Voice 7: personally wouldn't i would i would be wary of

[1:52:17] Voice 7: basing your reason around how they have acted i would base more your recent on the quote they

[1:52:25] Voice 7: provided is deemed though we've made several efforts for them to provide a school that we

[1:52:30] Voice 7: view is reasonable they have they've not done that staff have the evidence of that

[1:52:36] Voice 7: out so that would be irrational in my view is that so you've done your best efforts to get a

[1:52:45] Voice 7: reasonable quote and they're not providing that information so now you're making your best efforts

[1:52:50] Voice 7: despite that and so i think like if you were ever pressed it would be the court decision right as to

[1:52:56] Voice 7: whether this condition is reasonable so

[1:53:00] Voice 9: be very clear that this is not fine no

[1:53:03] Trustee Morrison (probable): i get that this

[1:53:04] Voice 9: This is a bond, hopefully this will never happen,

[1:53:08] Voice 9: but we've got a layer of credit and cash security

[1:53:10] Voice 7: that if we don't finish the work, we can hire a contractor.

[1:53:16] Voice 4: I guess I just

[1:53:17] Voice 4: really don't have a video to now.

[1:53:18] Voice 8: Yeah,

[1:53:20] Voice 13: so my understanding was originally,

[1:53:28] Voice 13: there's the infraction that it's happened,

[1:53:32] Voice 13: then this permit comes forward to us,

[1:53:35] Voice 13: And that we are in a position where we have to, regardless of what was going on with the prosecution, a properly produced application has to be considered on its own merits,

[1:53:55] Voice 13: regardless of there being a prosecution or future enforcement possibility that that we would open

[1:54:06] Voice 13: ourselves up to some sort of legal action if we didn't approve a proper application is that true

[1:54:15] Voice 13: or sort of the cole's notes of how it goes yeah

[1:54:18] Manager of Bylaw Compliance and Enforcement: so through the chair that is true

[1:54:19] Voice 13: okay okay so but

[1:54:21] Voice 13: But if we've asked, if we've come back and said,

[1:54:27] Voice 13: okay, we're going to consider this application,

[1:54:32] Voice 13: but we feel that this estimate is wrong,

[1:54:34] Voice 13: please provide us with three quotes.

[1:54:37] Voice 13: And they refuse.

[1:54:38] Voice 13: Is it not then on them that they aren't coming forward

[1:54:43] Voice 13: with the information for us to move forward with the permit?

[1:54:47] Voice 13: And therefore, we just don't approve it.

[1:54:51] Voice 9: Yeah, so you could wait, right?

[1:54:52] Voice 9: And then we could go back to them again, maybe get our legal counsel to send them a letter or something like that.

[1:54:58] Voice 9: Meanwhile, it's sitting there. There's no restoration requirements or conditions in place.

[1:55:03] Voice 9: So the LTC is, do you want to get these permanent in place with these restoration conditions?

[1:55:08] Voice 9: Now it's something you can follow up on with them.

[1:55:13] Voice 9: Or do we want us to go back again and try harder to get better quality?

[1:55:19] Voice 13: I guess my thing is, why do we have to try harder?

[1:55:23] Voice 13: I feel like it's, it's supposed to be on them, right?

[1:55:26] Voice 13: Like if

[1:55:27] Voice 13: it's the conditions for them to, to, to satisfy those conditions,

[1:55:31] Voice 13: then it's sort of, you want to dick around, then dick around. That's fine.

[1:55:37] Trustee Morrison (probable): Yeah. But the problem, Aaron, is that like,

[1:55:40] Trustee Morrison (probable): there's no consequence for them the way that the current local,

[1:55:43] Trustee Morrison (probable): local government situation works for us.

[1:55:46] Trustee Morrison (probable): There's no consequence for them if they mess around. Right.

[1:55:49] Voice 13: totally but but it I guess it doesn't feel like there's a consequence for them

[1:55:54] Voice 13: if either way if we approve this other than then enforcing a quote that we

[1:56:02] Voice 13: don't actually know is sufficient I

[1:56:07] Voice 8: think that's the resolution though it

[1:56:09] Voice 8: isn't in the absence of the providing us with an alternate quote if we're not

[1:56:16] not satisfied with the code that has been provided that we pick a number

[1:56:23] Voice 8: that we feel

[1:56:24] Voice 8: that we're comfortable with that will allow this to proceed also

[1:56:28] Voice 7: through the chair also just to the

[1:56:30] Voice 7: chair just another reminder that this is a bond it's not we're not going to take this money and

[1:56:35] Voice 7: do the work we're going to hold on to this money and measure their efforts to do the work and fix

[1:56:42] Voice 7: anything or finish anything that they leave behind which is very

[1:56:46] Voice 7: seldom the case no

[1:56:48] Voice 13: and i and i and i

[1:56:50] Voice 13: yeah i i totally understand i i totally understand that part of it i i that that part i'm not

[1:56:57] Voice 13: struggling with it at all it's it's just yeah i

[1:57:03] Voice 13: i i just still think my

[1:57:06] Voice 7: point yeah my point there

[1:57:08] Voice 13: is that I

[1:57:08] Voice 7: think it lessens your risk a little bit in terms of not picking up like making an

[1:57:15] Voice 7: estimate that's higher than maybe otherwise reasonable like a 300 or 400 percent contingency

[1:57:22] Voice 7: seems exceptionally high and maybe deemed unreasonable but with all these other mitigating

[1:57:27] Voice 7: factors it seems more reasonable so that would be mine that's helpful and

[1:57:34] Trustee Morrison (probable): thank you Brad because

[1:57:36] Trustee Morrison (probable): you are always the voice of reason when I feel like secretly annoyed. Thank you for that. But

[1:57:41] Trustee Morrison (probable): I just, yeah, no, you're right. We have to approach this. So I guess related to what you're

[1:57:47] Trustee Morrison (probable): saying, Aaron, the question I have is, it feels like approving, and this is always the way I've

[1:57:54] Trustee Morrison (probable): felt about this process. And I just don't know how to handle it, frankly, is whenever there's

[1:58:00] Trustee Morrison (probable): a violation of a bylaw, our job is to actually approve a permit to remedy the violation.

[1:58:04] Trustee Morrison (probable): and

[1:58:05] Voice 10: it always feels

[1:58:06] Trustee Morrison (probable): like i know it always feels like it's just this like gritty icky taste to be

[1:58:14] Trustee Morrison (probable): able to to have to issue a permit to somebody who you know willfully or not i'm not going to get

[1:58:19] Trustee Morrison (probable): into that right now but um violated something in the community but they're like and so i do

[1:58:26] Trustee Morrison (probable): want to pursue and we'll talk about that i think in a closed session i think has to be with warren

[1:58:31] Trustee Morrison (probable): about like what other options we have to go back to crown council about that arm of the work but

[1:58:36] Trustee Morrison (probable): i do think we have to move along with the restoration work because i'm a little bit

[1:58:41] Trustee Morrison (probable): concerned i think you make a good point robert about like we just need to move along and get

[1:58:45] Trustee Morrison (probable): something in the ground and get get moving on the restoration work so but i don't want my concern is

[1:58:51] Trustee Morrison (probable): that i don't want the restoration work the issuing a permit to cause a situation where we are then

[1:58:58] Trustee Morrison (probable): and saying oh it was okay for you to do that and that's always what it feels like and it is not okay

[1:59:04] Trustee Morrison (probable): what it

[1:59:05] Voice 13: feels like you're by approving it we're rewarding bad behavior right

[1:59:09] Trustee Morrison (probable): but the problem is

[1:59:10] Trustee Morrison (probable): literally the way the law is written that's our solution otherwise we do nothing in which nothing

[1:59:15] Trustee Morrison (probable): happens because so it's a really like sorry to swear it's an ass backwards problem like i just

[1:59:23] Trustee Morrison (probable): don't understand how this is the situation and i yet yet i do i do understand why it has come this

[1:59:29] Trustee Morrison (probable): way so i am just having a look back at the conservancy letter because i don't know what

[1:59:34] Trustee Morrison (probable): else to base this number on frankly um because i thought that it was a very thoughtful and well

[1:59:42] Trustee Morrison (probable): um thought out but i don't think they gave a number

[1:59:49] Trustee Morrison (probable): so yeah i i would not approve anything under twenty thousand dollars and i'm trying to figure

[1:59:55] Trustee Morrison (probable): out

[1:59:55] Trustee Morrison (probable): oh

[1:59:56] Voice 13: and i agree

[2:00:00] Voice 13: I mean, that's why, like, I honestly, obviously, I'm not a professional at remediation work or anything like that.

[2:00:09] Voice 13: I just, you know, applying my own practical knowledge to the situation, I don't actually think that $25,000 is unreasonable in any way to do something like that.

[2:00:22] Voice 13: And I wouldn't want to set it any lower than that.

[2:00:28] Voice 13: Okay,

[2:00:28] Trustee Morrison (probable): so here's a question.

[2:00:30] Trustee Morrison (probable): and maybe this is a question for warren or robert or somebody in the space what if we actually

[2:00:38] Trustee Morrison (probable): create so just what potentially could be seen as an unreasonable amount like a hundred thousand

[2:00:44] Trustee Morrison (probable): dollar bond and the then it pushes it back on the applicant to say that it is reasonable or

[2:00:52] Trustee Morrison (probable): unreasonable and they have to argue

[2:00:55] Voice 10: i'm

[2:01:02] Trustee Morrison (probable): just saying that like in this situation from all

[2:01:05] Trustee Morrison (probable): that documentation i've seen they knew what they were doing and it seems like is it and i don't

[2:01:10] Trustee Morrison (probable): want to be punitive with them but i want to make a hundred percent sure that this work gets done

[2:01:15] Trustee Morrison (probable): and that we can move forward with it i don't know and i'm sure that somebody disagrees with me in

[2:01:20] Trustee Morrison (probable): this room but probably right

[2:01:23] Voice 7: again it's it's the chair it's about resource yeah it was a

[2:01:30] Voice 7: estimate for five thousand dollars that it seems to agree is too low what would be a reasonable

[2:01:36] Voice 7: amount to cover at the end of the work to be done give it twenty five thousand dollars

[2:01:45] Voice 7: trustee campbell has experience um construction costs and estimating um that would be my

[2:01:53] Voice 7: recommendations where there's something to back it up and that could be found recently yeah

[2:02:01] Voice 7: rather than going the

[2:02:04] Voice 7: unreasonable way. Them accepting

[2:02:05] Voice 7: that and taking you to court

[2:02:07] Voice 7: and just refusing to pay.

[2:02:13] Voice 13: Is that

[2:02:14] Voice 13: an option

[2:02:16] Voice 13: in this for them?

[2:02:18] Voice 13: That they somehow

[2:02:19] Voice 13: continue forward with the work

[2:02:22] Voice 13: and refuse to pay

[2:02:24] Voice 13: the deposit?

[2:02:27] Voice 13: Yeah, sure.

[2:02:30] Voice 9: Then we're enforcing on them

[2:02:31] Voice 9: that they have

[2:02:33] Voice 9: without a permit so

[2:02:37] Voice 8: without the deposit the permit's not valid yeah it's part of the permit

[2:02:42] Voice 8: so if they do anything to proceed without the deposit it's enforceable yeah

[2:02:48] Voice 7: my recommendation

[2:02:50] Voice 7: if you're going to land at 20 or 25 000 is to increase it to ten thousand dollars with a hundred

[2:02:57] Voice 7: percent potential still spots

[2:03:08] Voice 12: i'm i'm i don't know okay

[2:03:16] Trustee Morrison (probable): i yeah i need i need more information

[2:03:20] Trustee Morrison (probable): like i need more information on what it's really going to cost and i don't know what to do about

[2:03:25] Trustee Morrison (probable): that i understand that legally this is not a punitive pathway that we have some other pathways

[2:03:30] Trustee Morrison (probable): potentially that we can i don't know warrant it sounds like we don't have other pathways but i

[2:03:34] Trustee Morrison (probable): I know that we can push back.

[2:03:36] Trustee Morrison (probable): I've talked with several trustees who are lawyers,

[2:03:42] Trustee Morrison (probable): and I know that we can push back

[2:03:43] Trustee Morrison (probable): on the Crown counsel decision.

[2:03:45] Trustee Morrison (probable): So we will be doing that, as far as I will be doing that.

[2:03:48] Trustee Morrison (probable): Hopefully we'll be doing it as a trust counsel.

[2:03:51] Trustee Morrison (probable): But, so I guess this is the other question.

[2:03:53] Trustee Morrison (probable): If we issue a permit,

[2:03:56] Trustee Morrison (probable): if we get the Crown counsel to still do something

[2:03:58] Trustee Morrison (probable): or reconsider something,

[2:03:59] Trustee Morrison (probable): can they still go ahead with their prosecution,

[2:04:03] Trustee Morrison (probable): even if we have a permanent place?

[2:04:06] Manager of Bylaw Compliance and Enforcement: So, I would say here's part of the message from Crown Council is, well, here's what I believe what their message is from what they stated.

[2:04:20] Manager of Bylaw Compliance and Enforcement: Their reply is that Islands Trust pursue the permit process and forget about trying to prosecute these folks.

[2:04:29] Manager of Bylaw Compliance and Enforcement: That's the straight up message.

[2:04:31] Manager of Bylaw Compliance and Enforcement: You have a process where they need to get a permit.

[2:04:34] Manager of Bylaw Compliance and Enforcement: if they don't get their permit you can take them to court and force them to get their permit

[2:04:39] Manager of Bylaw Compliance and Enforcement: and do the mitigation work that's your path to compliance prosecuting them trying to do these

[2:04:46] Manager of Bylaw Compliance and Enforcement: two separate paths it's not possible it's not reasonable and should not be pursued

[2:04:55] Trustee Morrison (probable): that's the crown council response yes

[2:04:58] Manager of Bylaw Compliance and Enforcement: you have a path here you're negotiating with these folks

[2:05:01] Manager of Bylaw Compliance and Enforcement: folks on one level here to get this permit this is the legal process that you should be following

[2:05:09] Manager of Bylaw Compliance and Enforcement: and if you if they don't get their permit you take them to court through bc supreme court

[2:05:17] Manager of Bylaw Compliance and Enforcement: file the notice of claim and then enforce the dpa regulations through that notice of claim

[2:05:23] Manager of Bylaw Compliance and Enforcement: i

[2:05:28] Trustee Morrison (probable): have a lot of things to say that do you want to add anything karen no

[2:05:32] Voice 12: uh i yeah no no i've

[2:05:38] Voice 12: I've said it I've said okay

[2:05:42] Trustee Morrison (probable): so not having a punitive path in and this is beyond an LTC issue

[2:05:49] Trustee Morrison (probable): at a trust council level not having a punitive path in cases like this is extremely problematic

[2:05:57] Trustee Morrison (probable): because it favors the and we've had it on like four permits last term where people cut big trees

[2:06:05] Trustee Morrison (probable): and the the remediation pathway plants little trees that they can then see over in like view

[2:06:11] Trustee Morrison (probable): situations and um it favors the do whatever you want and then ask for forgiveness pathway and

[2:06:20] Trustee Morrison (probable): that's basically makes a joke of dpas so i will be and this is to answer a question that was done

[2:06:27] Trustee Morrison (probable): earlier i am completely unwilling to do a dpa to put any energy into dpas if i don't see them

[2:06:35] Trustee Morrison (probable): enforced so whether whether they say they're legally enforceable or not this was supposed

[2:06:40] Trustee Morrison (probable): to be a legally enforceable dpa too so if i don't see like like deep enforcement and like

[2:06:46] Trustee Morrison (probable): some kind of punitive remediation to the community about that i am unwilling to put effort into new

[2:06:53] Trustee Morrison (probable): dpas even though i think i agree that galliano's dpa might be enforceable we could end up with the

[2:06:58] Trustee Morrison (probable): same situation, as far as I'm concerned, so.

[2:07:00] Trustee Morrison (probable): Sorry

[2:07:01] Voice 7: to give your voice to reason, again, but I'm going to be, this is one situation

[2:07:06] Voice 7: where you have a property that's acted outside of the regulations.

[2:07:11] Voice 7: In most cases, you have property owners acting within the regulations, seeking those development

[2:07:18] Voice 7: permits and protecting whatever those features, habitat, ecosystem features are.

[2:07:24] Voice 7: are secondly the presence of dpas also you don't see it but it also would push development outside

[2:07:34] Voice 7: of those sensitive areas where permits aren't required so a property owner will decide to put

[2:07:39] Voice 7: their development outside of that area so they don't have to deal with the development so in my

[2:07:44] Voice 7: view the best way to strengthen your tree protection

[2:07:47] Voice 1: on the island

[2:07:48] Voice 7: here would be to

[2:07:50] Voice 7: more robust dps do not pull away from that because we have one situation where

[2:07:56] Voice 7: it's unique that's a good voice of reason thank you

[2:07:59] Voice 8: that's what i do

[2:08:02] Voice 8: where we plan is staff's best advice is to issue dpa and so it sounds to me that the

[2:08:10] Voice 8: line of contention is the value yeah and i think that as a local trust committee we have to pick

[2:08:19] Voice 8: a value that we are comfortable with well

[2:08:23] Trustee Morrison (probable): no i still think we have two pathways there like i

[2:08:26] Trustee Morrison (probable): still think we have two pathways here because like in my conversation with joe and judith about joe

[2:08:32] Trustee Morrison (probable): primarily um bernardo who's at fdn keats i asked a bit more about like what are the possibilities

[2:08:39] Trustee Morrison (probable): to be able to go and actually question crowns council's decision on this about going forward

[2:08:45] Trustee Morrison (probable): because it's in conflict with our own legal advice and so or not in conflict but there's just

[2:08:52] Trustee Morrison (probable): there was different takes on what we could do and what we could do and so I feel that we do

[2:08:59] Trustee Morrison (probable): need to do that if Warren is saying that it's one of the other kind of pathways I think that we

[2:09:05] Trustee Morrison (probable): should at least pursue that pathway a little bit more deeply before we issue a DPA if we're going

[2:09:10] Trustee Morrison (probable): going to cut ourselves off from a particular potential legal pathway with crown council

[2:09:14] Trustee Morrison (probable): i don't want to do that yet i i feel like there's a little bit more work that could be done in that

[2:09:19] Trustee Morrison (probable): direction and warren like counteract me if you think so but i am willing to do like the political

[2:09:24] Trustee Morrison (probable): move that we need to do to try and instigate crime like whatever that is i will sit on the phone and

[2:09:30] Trustee Morrison (probable): like you know nag people to death about that but i do feel like there may be but i'd like to do that

[2:09:37] Trustee Morrison (probable): as the ltc versus just like that i didn't know about the council so um i don't know thoughts on

[2:09:43] Trustee Morrison (probable): that yeah

[2:09:45] Voice 13: i mean i i think too you know there there's some this is one this is one instance

[2:09:52] Voice 13: with the dpa where it feels like there is there isn't really the the backing for the rules

[2:10:06] Voice 13: until after somebody has already contravened them like it i don't know it it feels like we

[2:10:12] Voice 13: don't have the strength that we should have in making something like a dpa stick and so

[2:10:19] Voice 13: i i understand in this one issue that it may seem like there's a lot of frustration about this one

[2:10:26] Voice 13: but it also feels like we see it in other areas where there isn't support from the province or

[2:10:34] Voice 13: Or another level of government for what it is that the mandate appears to be for the trust on the islands and from the local level, trying to preserve and protect.

[2:10:47] Voice 13: And so it gets really difficult to narrow the view down to this one file when you feel like there's stuff outside of it that hasn't gone well, it hasn't functioned properly.

[2:11:01] Voice 13: and so trying to find a way to strengthen some of these things and actually get some backing

[2:11:12] Voice 13: does seem like it's worthwhile like i do agree with with pushing back on the province and i

[2:11:19] Voice 13: think that that was the original our original discussion was that if the if we refer this to

[2:11:27] Voice 13: the province and the province picks up the ball and runs with it that's a that bolsters our

[2:11:32] Voice 13: our position for the next time that we have to that we have to go up against something like this

[2:11:37] Voice 13: and that if the province isn't going to isn't going to support stuff like this or pick up the

[2:11:42] Voice 13: ball and run with it and we need to have the conversation back the other way saying well hold

[2:11:48] Voice 13: on a second you've mandated us to do these things but you're

[2:11:52] Voice 13: not you're not really here to give us

[2:11:53] Voice 13: any support so what gives yeah and this

[2:11:58] Trustee Morrison (probable): is this is the this is literally the type of issue that

[2:12:03] Trustee Morrison (probable): sits in that dead space between who has tree cutting authority and who doesn't and province

[2:12:10] Trustee Morrison (probable): is the one who has it but they're not enforcing so we need to ask them to give it to us if we're

[2:12:14] Trustee Morrison (probable): if they're not enforcing so we can enforce or something in between but it i i just and i totally

[2:12:21] Trustee Morrison (probable): hear what robert said but i just don't want to cut off our potential to still like find a

[2:12:27] Trustee Morrison (probable): provincial-led solution or just clarify the jurisdiction frankly like this is the case

[2:12:33] Trustee Morrison (probable): that could clarify the jurisdiction around forestry i don't know so and i know like i

[2:12:41] Trustee Morrison (probable): think warren and maybe robert were cc'd on the emails back and forth about like what can we do

[2:12:47] Trustee Morrison (probable): like with the crown council decision so we can't go to the lawyer and say hey we disagree with

[2:12:52] Trustee Morrison (probable): your decision that doesn't work that way um but what we could do is we could go to the ministers

[2:12:57] Trustee Morrison (probable): potentially like the political like pathway of like having a conversation with rltc and the

[2:13:03] Trustee Morrison (probable): ministers of like what the hell so i think that would be the pathway i would like to pursue right

[2:13:07] Trustee Morrison (probable): now i

[2:13:10] Voice 14: have to speak up because i can't listen to this any longer i know i'm out of order but it

[2:13:16] Voice 14: seems like we're still feeling sorry for these people to have cut all these trees down and we're

[2:13:21] Voice 14: worrying about whether it's $5,000, $10,000, or $25,000, just a bond, not even a fine or anything.

[2:13:29] Voice 14: And I hear you're wanting to go political and feeling geeky about this. I totally agree.

[2:13:36] Voice 14: But if you go the political way, we'll be sitting here 20 years from now talking about the same

[2:13:41] Voice 14: thing, because we're not going to get any action. Thank you.

[2:13:45] Trustee Morrison (probable): Just to clarify, yeah.

[2:13:47] Voice 14: Well, we don't need this intervention.

[2:13:48] Trustee Morrison (probable): yeah no i understand that but i

[2:13:50] Trustee Morrison (probable): don't know if it's clear or not that right now this governing body

[2:13:54] Trustee Morrison (probable): has zero ability to issue a fine zero you have zero legal ability to issue a fine so

[2:14:02] Trustee Morrison (probable): the province potentially had the ability but they're not pursuing it so our recourse right

[2:14:09] Trustee Morrison (probable): now to go in that route which i think is the right route frankly is to issue a fine okay

[2:14:14] Trustee Morrison (probable): Okay, that pathway is it right now it's a political pathway we can't question the lawyers decision, that's not something that happens I've asked all those questions, since I got the decision in December, I've done work since December to understand

[2:14:31] Trustee Morrison (probable): this. So right now, there are two pathways we issue a DPA, which is our job here.

[2:14:37] Trustee Morrison (probable): that seems not okay with me okay or we go and we try and find a conversation with that

[2:14:45] Trustee Morrison (probable): let the people do have the power like elected officials who have the power to do that and we

[2:14:52] Trustee Morrison (probable): sit down with them and ask them what the hell like why aren't you exercising your authority

[2:14:56] Trustee Morrison (probable): to do this right because they have the ability to decide yes or no for what the crown council did

[2:15:03] Trustee Morrison (probable): And so that's the only pathway that I see to be able to get a punitive fine in this situation.

[2:15:10] Trustee Morrison (probable): That's literally, unless somebody can tell me differently, that's the only way that I see.

[2:15:18] Voice 8: To ask a question of the planning manager, does one prevent the other?

[2:15:26] Voice 8: Because the enforcement action that you were talking about was prior acts versus issuing the development permit is moving forward.

[2:15:38] Voice 8: so it doesn't doesn't extinguish what happened in the past that's

[2:15:41] Trustee Morrison (probable): so gorgeous yeah

[2:15:42] Voice 8: so mr dingman

[2:15:44] Voice 8: do you have any advice as to i know you're not a lawyer you deal with them all the time is is is

[2:15:53] Voice 8: is by the issue the dp does that prevent the discussion with the province to to go forward

[2:16:01] Voice 8: with the previous stuff no

[2:16:06] Manager of Bylaw Compliance and Enforcement: i don't believe so um again we're getting into a very complicated

[2:16:12] Manager of Bylaw Compliance and Enforcement: scenario where there's elected officials want to agree on policy and you know how to pursue

[2:16:20] Manager of Bylaw Compliance and Enforcement: future enforcement i think i don't think it's going to be fruitful to try and to pursue

[2:16:28] Manager of Bylaw Compliance and Enforcement: any prosecution of the property owners in this case once you've issued a permit you've issued

[2:16:35] Manager of Bylaw Compliance and Enforcement: you to permit and you want them to follow the permit conditions your legal recourse is to

[2:16:40] Manager of Bylaw Compliance and Enforcement: follow your notice of claim in bc supreme court and enforce those conditions through that

[2:16:48] Manager of Bylaw Compliance and Enforcement: approach whatever that legal action doing other things may be considered unreasonable

[2:16:56] Manager of Bylaw Compliance and Enforcement: and i mean i i don't i truly don't believe any prosecution is now possible because the crown

[2:17:02] Manager of Bylaw Compliance and Enforcement: has stayed the charges so

[2:17:07] Trustee Morrison (probable): i totally hear what you're saying about the idea of a permit and

[2:17:12] Trustee Morrison (probable): a legal act i get all that i disagree that we should think we're fully exhausted on the crown

[2:17:20] Trustee Morrison (probable): council space right now and it's not because i didn't read the all the documents i do get what

[2:17:26] Trustee Morrison (probable): they said and i see the differences in what our legal decision said versus what their legal

[2:17:31] Trustee Morrison (probable): decision set but i cannot ethically do this permit i just can't i can't vote for this permit

[2:17:42] Trustee Morrison (probable): without trying to be totally choked so

[2:17:49] Manager of Bylaw Compliance and Enforcement: through the chair i would say you're putting yourself

[2:17:53] Manager of Bylaw Compliance and Enforcement: in legal jeopardy by not approving the permit you're opening yourself up to judicial review

[2:17:58] Manager of Bylaw Compliance and Enforcement: view if they have met all the permit conditions and uh you know mr kojima can expand on this

[2:18:07] Manager of Bylaw Compliance and Enforcement: you open yourself for legal action from the property owners because you refuse to issue a

[2:18:14] Manager of Bylaw Compliance and Enforcement: permit where they've met all the requirements that are in the official community plan

[2:18:20] Voice 7: so warren's right

[2:18:22] Voice 9: but the one thing they haven't done is provided what the ltc has asked

[2:18:25] Voice 7: So if the LTC doesn't issue the permit today, then we would continue to follow the LTC's instructions to try and pass the additional form.

[2:18:38] Voice 7: Now, we might escalate that rather than just asking.

[2:18:44] Voice 7: It

[2:18:47] Voice 9: leaves the permit still open.

[2:18:50] Voice 7: But I wouldn't

[2:18:52] Voice 7: advise the LTC to refuse.

[2:18:53] Voice 7: refuse so

[2:18:55] Voice 12: so

[2:18:57] Voice 13: we could just say we don't we haven't received the three estimates that we've asked them

[2:19:04] Voice 13: for so we'll we're going to defer this permit until a later time when they provide the information

[2:19:13] Voice 13: that we've requested we

[2:19:15] Voice 7: must have to pursue options to obtain yeah

[2:19:20] Voice 13: so but but in that in the

[2:19:23] Voice 13: in term of that is there anything stopping us from contacting the province and requesting

[2:19:32] Voice 13: more information regarding this case while we wait for them to come through with the conditions

[2:19:46] Voice 9: well i'm not sure what you'd ask when you say the broad ones is that

[2:19:51] Voice 7: the crown process

[2:20:08] Voice 13: I'm just thinking to Deb's point of wanting to be able to pursue the possibility of there

[2:20:18] Voice 13: There's still being another avenue.

[2:20:20] Voice 13: There'd be nothing that was stopping us from doing that

[2:20:23] Voice 13: while we continue to wait for three reasonable quotes.

[2:20:32] Voice 9: Yeah, it depends what you're asking, I guess,

[2:20:35] Voice 9: or what you'd be asking going back to the Crown Prosecution branch.

[2:20:41] Voice 9: I

[2:20:41] Voice 7: don't think that generally politicians, elected officials,

[2:20:45] Voice 7: don't involve themselves in the decisions of the Crown Prosecution branch.

[2:20:51] Voice 7: pretty basic separation of powers there so

[2:20:55] Voice 9: i don't i'm not clear on what you'd be asking

[2:20:57] Voice 9: but yeah i mean we could if you wanted us to continue to pursue the quotes

[2:21:06] Voice 13: that's

[2:21:06] Voice 7: all we can pursue right now we don't have

[2:21:08] Voice 13: a permit right no no no and that and that and that's

[2:21:11] Voice 13: that that yeah that's what i'm asking if if we just are we within our rights to just say

[2:21:19] Voice 13: we we haven't received the information that we asked to consider in this permit

[2:21:26] Voice 13: and so we're not going to approve it right now

[2:21:31] Voice 7: yes okay

[2:21:33] Trustee Morrison (probable): so that motion would be alternative number

[2:21:35] Trustee Morrison (probable): one and it would be we can specify in there that we need three quotes from pender based

[2:21:43] Trustee Morrison (probable): because that was part of the intent last time we've had pender based quotes because

[2:21:48] Trustee Morrison (probable): they even said in the quote that it

[2:21:50] Trustee Morrison (probable): was not they have not normalized this to pender based prices

[2:21:53] Trustee Morrison (probable): it's like okay that's what we asked for so um so aaron if you want to make a motion it's on page

[2:22:03] Trustee Morrison (probable): yeah

[2:22:04] Voice 13: i think

[2:22:05] Voice 13: i think i got the right one uh alternate one request further information

[2:22:12] Voice 13: so the lt ltc may request further information prior to making the decision if selecting this

[2:22:18] Voice 13: alternative the ltc should describe the specific information needed in the rationale for this

[2:22:23] Voice 13: request recommended wording for the resolution is as follows that the north bender island local

[2:22:29] Voice 13: trust committee requests that the applicant submit to the islands trust and it would be the three

[2:22:36] Voice 13: three three estimates adjusted to pender based pricing for

[2:22:44] Trustee Morrison (probable): the restoration work for the

[2:22:46] Voice 13: restoration work do you have to say at 48 15 schooner way and

[2:22:52] Trustee Morrison (probable): and i think aaron um if i can

[2:22:57] Trustee Morrison (probable): suggest before we put that fully on the table that um part of my concern when i looked through

[2:23:03] Trustee Morrison (probable): the estimate is there was nothing in there that i could see that was for getting you to a free

[2:23:08] Trustee Morrison (probable): to grow that's why one of the reasons why the estimate's so wildly under the amount it should

[2:23:12] Trustee Morrison (probable): be is because there was no

[2:23:13] Trustee Morrison (probable): annual monitoring or checking for um things over time make sure

[2:23:18] Trustee Morrison (probable): or replanting if there was replanting costs that none of that money was no

[2:23:23] Voice 13: and and and in my mind

[2:23:25] Voice 13: reading through it i i i thought there was a lot of stuff that wasn't in there that it was is going

[2:23:31] Voice 13: to add up quickly in a nickel and dime sort of a of an effort and that's why to me that it just

[2:23:38] Voice 13: that's actually not even what i would consider to be a reasonable quote so yeah so

[2:23:45] Voice 7: the reality is

[2:23:47] Voice 7: as the property owner continues to do stuff on their land as well including the remediation

[2:23:52] Voice 7: i just emailed you an email from her this morning yeah so the longer you hold off that's your guess

[2:24:02] Voice 7: so but it's and that's my messy question is

[2:24:05] Voice 8: so right now the the landowners indicated they're

[2:24:09] Voice 8: doing the remediation work at this time yeah without a problem which we could do so that

[2:24:15] Voice 8: have to cancel the enforcement potentially so this

[2:24:22] Voice 4: becomes very confusing yeah yeah

[2:24:24] Voice 12: i i if

[2:24:27] Voice 12: if

[2:24:29] Voice 13: they're doing the work without a permit are we not supposed to be able to enforce on that

[2:24:37] Voice 13: if we approve the permit that's supposed to give us another avenue to enforce on

[2:24:46] Voice 13: but we've already got one and the work is already going on in that area so if we can't like i'm

[2:24:55] Voice 13: i'm

[2:24:59] Voice 12: sorry pardon okay

[2:25:03] Trustee Morrison (probable): so i'm sorry

[2:25:04] Trustee Morrison (probable): so

[2:25:06] Manager of Bylaw Compliance and Enforcement: yeah um here's what i'm going to do in fact i've now done it i'm going to send the

[2:25:18] Manager of Bylaw Compliance and Enforcement: message back to our legal counsel uh just to go over what we've already talked about

[2:25:24] Manager of Bylaw Compliance and Enforcement: they i will ask them i've asked them the question about whether or not there can be a reconsideration

[2:25:30] Manager of Bylaw Compliance and Enforcement: of the staying of these charges the second question that i have asked of our legal counsel

[2:25:36] Manager of Bylaw Compliance and Enforcement: is it possible for crown counsel to give our legal counsel the permission or authority to

[2:25:44] Manager of Bylaw Compliance and Enforcement: pursue the prosecution at our cost because one of the issues here is covering the cost

[2:25:53] Manager of Bylaw Compliance and Enforcement: Now, initially, Crown counsel did say, honest trustee, yes, pursue this.

[2:25:57] Manager of Bylaw Compliance and Enforcement: You can pursue this at your own cost.

[2:26:00] Manager of Bylaw Compliance and Enforcement: But it's a little more complicated that because it's a contravention or offense of the Local Government Act and not actually a local government bylaw.

[2:26:09] Voice 10: So

[2:26:10] Manager of Bylaw Compliance and Enforcement: those are the first two questions that I've asked of our legal counsel to try and get more information on.

[2:26:16] Manager of Bylaw Compliance and Enforcement: I do have a legal opinion from young Anderson that you can review in camera regarding the

[2:26:25] Manager of Bylaw Compliance and Enforcement: consideration of this DP and you may wish to consider that today but I would still I believe

[2:26:34] Manager of Bylaw Compliance and Enforcement: the recommendation is still approve the permit and then pursue enforcement of the conditions

[2:26:42] Manager of Bylaw Compliance and Enforcement: of that permit if they are not complied with so

[2:26:47] Trustee Morrison (probable): aaron my leaning right now and i understand all

[2:26:51] Trustee Morrison (probable): the advice i totally appreciate all that advice and i think those are good questions to ask lauren

[2:26:55] Trustee Morrison (probable): i am leaning given that we have a virtual meeting in february i am leaning to pushing back on the

[2:27:03] Trustee Morrison (probable): property owners asking them for three permits like you just suggested and putting that motion

[2:27:08] Trustee Morrison (probable): on the table and then um understanding that they like their choice to go ahead and do remediation

[2:27:16] Trustee Morrison (probable): work well that's great but that doesn't necessarily mean it's what we want it's not our permit it's

[2:27:21] Voice 1: not

[2:27:21] Trustee Morrison (probable): what we've laid out so i i'm just going to have to just not think

[2:27:26] Trustee Morrison (probable): about that and like

[2:27:27] Trustee Morrison (probable): worry about that right now like they can stop they can start we can i don't know if it's worth

[2:27:32] Trustee Morrison (probable): an enforcement to like stop remediation work i don't really understand that but i need us to

[2:27:37] Trustee Morrison (probable): pursue thoughtfully and carefully on what we are willing to put in our permit and like what we're

[2:27:42] Trustee Morrison (probable): basing that on and so i don't want to feel rushed by them i feel like they're making moves to rush

[2:27:47] Trustee Morrison (probable): us and i don't like it and so i like the motion the alternative motion one and then we can talk

[2:27:54] Trustee Morrison (probable): about the other enforcement issues in camera um and making it three quotes that like you said are

[2:28:01] Trustee Morrison (probable): normalized for north pender pricing and that include the up to the like include the issues

[2:28:08] Trustee Morrison (probable): of the permit like redheading the free to grow is in the permit so they should have to meet the

[2:28:12] Trustee Morrison (probable): conditions of the permit okay

[2:28:15] Voice 8: okay so we have motion on yeah

[2:28:18] Voice 3: can we see can we get it read back

[2:28:21] Voice 3: so

[2:28:21] Voice 8: lisa can you just confirm you have the motion and read it back

[2:28:25] Voice 15: yes uh it was moved that the

[2:28:28] Voice 15: the North Pender Island Local Trust Committee

[2:28:31] Voice 15: request that the applicant submit to the Islands Trust

[2:28:35] Voice 15: three estimates adjusted to Pender-based pricing

[2:28:39] Voice 15: for the restoration work.

[2:28:42] Trustee Morrison (probable): To meet the conditions of the permit.

[2:28:46] Voice 15: To meet the conditions of the permit.

[2:28:49] Trustee Morrison (probable): Yeah, then that'll make sure

[2:28:50] Trustee Morrison (probable): that we get that free grow component in there

[2:28:52] Trustee Morrison (probable): because that was not even in the estimate.

[2:28:58] Voice 15: Shall I read it again?

[2:28:59] Trustee Morrison (probable): No, no, that's good.

[2:29:00] Trustee Morrison (probable): Thank you so much.

[2:29:01] Trustee Morrison (probable): You're rocking at this, by the way.

[2:29:02] Trustee Morrison (probable): Okay.

[2:29:03] Voice 8: Okay. So seconded? Yep.

[2:29:05] Voice 8: Okay. Any further discussion? All questions, all in favor? That carries.

[2:29:11] Trustee Morrison (probable): Okay. Okay. And then, Warren, thank you for sending those questions, and we'll talk about that a little bit more on camera. We can pursue on that.

[2:29:23] Voice 8: Okay, so we have a conclusion of that. All right, so next up, we have John Pender, DT, 253.4, Balmer, staff report, and that's page 88.

[2:29:36] Voice 8: Yes,

[2:29:38] Voice 1: I'm here. Good afternoon. Yeah, so I'm talking about the new application for a development permit to construct a boardwalk and staircase within development permit area five cliff ecosystems and development permit area one woodland ecosystems.

[2:30:00] Voice 1: The applicant is proposing the stairs and boardwalk to increase access to the lower half of the property and manage invasive species.

[2:30:09] Voice 1: About 60% of the property is within the two DPAs, and the development permit is required for construction and land alteration within the two development permit areas.

[2:30:22] Voice 1: is. The proposed plans for construction comply with the land use bylaw, but they will require

[2:30:28] Voice 1: a building permit prior to construction commencing. And the applicant has submitted an extensive

[2:30:34] Voice 1: environmental assessment of the property and the proposed construction, which was completed by

[2:30:39] Voice 1: Swell Environmental Consulting. The environmental assessment established construction methods to

[2:30:46] Voice 1: reduce soil erosion vegetation trampling and overall habitat destruction the established

[2:30:52] Voice 1: protection measures or they've established protection measures to protect and enhance

[2:30:58] Voice 1: the remaining sensitive ecosystems and they've set monitoring objectives to ensure construction

[2:31:05] Voice 1: meets the environmental assessments for recommendations and the application so the

[2:31:12] Voice 1: application is based on a professional biologist assessment which meets all the relevant objectives

[2:31:17] Voice 1: and guidelines of the development permit area in the ocp and therefore is supported by staff

[2:31:23] Voice 1: all recommendations of that assessment have been incorporated into the proposed

[2:31:29] Voice 1: development permit and so it is recommended that the north pender ltc approve issuance of

[2:31:36] Voice 1: Development Permit, NPDP 2023.4. And I believe Kevin Balmer, the applicant, I don't know if he's

[2:31:48] Voice 1: in, but his wife, Bree, might be in person to answer questions.

[2:31:53] Voice 1: Yeah, we

[2:31:54] Voice 8: have his wife in person. Thank you.

[2:31:55] Voice 1: Okay.

[2:31:57] Voice 8: All right. So any questions as to the planner or the applicant on this?

[2:32:02] Voice 8: can

[2:32:03] Trustee Morrison (probable): I just make especially after our last application can I just say that I am almost

[2:32:07] Trustee Morrison (probable): going to cry because there's a complete application before anything's been done

[2:32:10] Trustee Morrison (probable): thank you very much for this and there for the thoughtful report and the detail we greatly

[2:32:16] Trustee Morrison (probable): appreciate people being proactive in the situation um no Aaron do you have any questions no

[2:32:23] Voice 13: no um I

[2:32:24] Voice 13: had met with Kevin a while back and and gone over what their plans were and stuff like that so I was

[2:32:32] Voice 13: i was privy privy to this before it even came forward and uh and i'm i'm good you know any

[2:32:40] Trustee Morrison (probable): other things you want to add i'm like good with this it looks actually good to me no but i

[2:32:45] Trustee Morrison (probable): appreciate it you

[2:32:46] Voice 4: want to be proactive yeah care about the impact on the environment want to keep

[2:32:50] Voice 4: property safe for the kids to be able to navigate so thank you yeah

[2:32:56] Voice 8: can i just see

[2:32:57] Voice 8: Mr. Ballmer has popped up on our screen, too, so he's available.

[2:33:03] Voice 4: He's that work.

[2:33:04] Voice 4: He's working for.

[2:33:05] Trustee Morrison (probable): Why don't we just make this a short and sweet situation?

[2:33:09] Voice 4: And

[2:33:09] Trustee Morrison (probable): I can say that I move that the North

[2:33:12] Trustee Morrison (probable): Petra Island Local Trust Committee approve issuance of Development

[2:33:15] Trustee Morrison (probable): Permit NPDP 2023.4.

[2:33:19] Voice 8: Seconded.

[2:33:20] Voice 8: Trustee Campbell, you've been in discussion.

[2:33:22] Voice 8: Call the question. All in favor?

[2:33:24] Voice 8: That carries.

[2:33:25] Trustee Morrison (probable): and i just want to say like this is exactly what you're talking about like these are the 95 99

[2:33:31] Trustee Morrison (probable): of folks that just follow the guidelines and do a great job and thank you right

[2:33:35] Voice 4: i can't imagine

[2:33:37] Voice 4: now being understood so you don't want it so

[2:33:42] Voice 8: yeah thank you very much all right um next up we have

[2:33:47] Voice 8: north tennessee dp 20.3.6 staff report this is page 138.

[2:33:55] Voice 7: so this is a development permit

[2:33:58] Voice 7: amendments coming back to the local trust committee for a permit that you already approved

[2:34:02] Voice 7: the last term for the developments uh at the second property at 1346 for cannon road

[2:34:08] Voice 7: so the applicant has asked for a minor amendment to their permit to allow for a slight adjustment

[2:34:17] Voice 7: the setting of the proposed house and proposed garage. The proposed house is being moved

[2:34:23] Voice 7: to be better situated for solar power access and use. And the proposed garage is being

[2:34:33] Voice 7: relocated to improve access and to reduce the impact on two trees that might have needed

[2:34:43] Voice 7: to be where it was to allow for access. So the applicant has provided a biologist report

[2:34:55] Voice 7: addendum that assesses the impact of the development. No specific recommendations for

[2:35:01] Voice 7: new remediation as the property owner has already planted way more trees than they were required to.

[2:35:10] Voice 7: part of the um kojima and i visited the property and observed those plantings

[2:35:29] Voice 7: thank you

[2:35:30] Voice 8: thank you is a representative of bucks here

[2:35:37] Voice 7: thank you anything you wanted

[2:35:43] Voice 7: They were going a moment beyond

[2:35:44] Voice 4: what they were using.

[2:35:45] Voice 4: Yeah, it looks great.

[2:35:46] Voice 4: Yeah, it looks great.

[2:35:47] Voice 4: Yeah.

[2:35:48] Voice 8: Trustee Campbell, anything from you?

[2:35:53] Voice 8: You're muted.

[2:35:55] Voice 8: That's muted.

[2:36:02] Voice 13: Sorry.

[2:36:03] Voice 13: No, I've read through it, and, I mean, it was an earlier permit that I had a request that I hadn't seen,

[2:36:13] Voice 13: but it appears that it has addressed what the concerns were the first time.

[2:36:18] Voice 13: So, yeah.

[2:36:20] Voice 13: Yeah, I

[2:36:22] Trustee Morrison (probable): guess the only question that's up in that area where there was one of the other houses along that bridge had a lot of strikes on the roof, like from trees falling like when the wind came from a particular direction.

[2:36:34] Trustee Morrison (probable): I don't know if you remember that. It was a remedial or what did we call it, enforcement DPA

[2:36:39] Voice 4: permit that we got?

[2:36:41] Voice 4: That was further down

[2:36:43] Trustee Morrison (probable): the road, not

[2:36:43] Voice 4: quite close, but on the same stretch, same

[2:36:46] Trustee Morrison (probable): bridge, I guess.

[2:36:47] Trustee Morrison (probable): yeah just with the way that and i you know you're you've seen it up there and you guys have seen it

[2:36:53] Trustee Morrison (probable): so i trust your judgment on that but that was the only concern with having houses so close to the

[2:36:57] Trustee Morrison (probable): edge of that woodland dpa is that trees were falling in the dpa sometimes and hitting the house

[2:37:03] Trustee Morrison (probable): so further along yes just later okay i don't have any concerns about this it looks really

[2:37:10] Trustee Morrison (probable): really good you heard what it was okay

[2:37:13] Voice 8: all right

[2:37:14] Voice 12: so we want to make the motion yeah

[2:37:17] Trustee Morrison (probable): oh i gotta

[2:37:19] Voice 13: back up okay

[2:37:21] Trustee Morrison (probable): hold on a second here i got a paper um that the north pender island

[2:37:24] Trustee Morrison (probable): local trust committee approved issuance of amending development permit npdp 2023.6 fund

[2:37:32] Voice 8: seconded any further discussion follow question all the favorites that carries

[2:37:37] Voice 8: is all righty um so we'll move on to 13.6 to turn out i don't know just any referral um page 159.

[2:37:47] Voice 8: thanks thanks dan i understand you want to walk it through the yeah

[2:38:06] Voice 4: yeah uh

[2:38:07] Voice 7: david as you were chair as you're aware uh there's a rezoning proposal on

[2:38:17] Voice 7: uh pain road on saturn island i don't see that it was sort of affected by this uh rezoning application

[2:38:28] Voice 7: yeah approval is right there's

[2:38:31] Trustee Morrison (probable): no sight line issues really inserting under island

[2:38:35] Voice 7: and

[2:38:36] Trustee Morrison (probable): that's the only time i am like i think we could potentially have our

[2:38:40] Trustee Morrison (probable): investors see the beach yeah

[2:38:42] Voice 7: oh this is england and it would have come back

[2:38:47] Trustee Morrison (probable): i'm good with our interests are not affected on that all

[2:38:51] Voice 8: right exactly trust you can

[2:38:53] Voice 8: that carries i'm waiting for the day that somebody actually finds something that is

[2:39:05] Voice 8: um so now we move to salt spring i will just be referral draft file number five three six page

[2:39:12] Voice 8: 162. it

[2:39:27] Voice 7: looks like it's an ocp amendment to or proposed rezoning to reduce the overall density

[2:39:38] Voice 7: on a property and the restriction on future subdivisions i don't see you know that's better

[2:39:44] Voice 4: no

[2:39:45] Voice 7: so interesting would we probably be the same

[2:39:47] Voice 7: so this is

[2:39:51] Voice 4: down zoning just not the downside honestly

[2:39:54] Voice 7: like so yeah it's the salt spring

[2:39:56] Voice 7: Yeah,

[2:39:57] Trustee Morrison (probable): but this says to allow for single family dwelling in one seasonal cottage on subject property where it would have been allowed seven lots potentially with a family.

[2:40:09] Trustee Morrison (probable): Definitely.

[2:40:10] Voice 4: Yeah, no, that's good.

[2:40:12] Voice 8: So both his interests are unaffected.

[2:40:15] Voice 4: All

[2:40:15] Voice 8: right. Second, Trustee Campbell.

[2:40:18] Second. Call question. All in favor? That carries.

[2:40:22] All righty. So now

[2:40:24] Voice 8: we go on to the fees problem.

[2:40:45] Voice 13: was basically that we had been instructed to um capture the full cost of the fees back

[2:40:55] Voice 13: in a trust council motion but that we haven't actually gotten to that point and she had taken

[2:41:04] Voice 13: some issue with the fact that this was maybe not in not aligned with what the trust council motion

[2:41:15] Voice 13: had been from a term ago yeah

[2:41:18] Trustee Morrison (probable): so and i'll add up so that is generally my concern with the

[2:41:22] Trustee Morrison (probable): and you know we're one of the holdouts are we the only one uh

[2:41:28] Voice 9: saturn has given direction to

[2:41:30] Voice 9: come back

[2:41:31] Voice 7: with a bylaw and for consideration it seems like they were ready

[2:41:36] Voice 7: this

[2:41:38] Voice 4: bylaw or the

[2:41:40] Voice 7: model model based frames for them but uh the indication in the last

[2:41:45] Voice 7: meeting was that they were ready to consider and adopt okay we did have some discussion

[2:41:53] Trustee Morrison (probable): Okay, so a couple. So what the other issue that I was concerned about, and I feel like we're getting closer, and I'm not 100% until the March meeting, but is just, we have all these governance issues and all this like work going on, and none of it's fully resolved.

[2:42:12] Trustee Morrison (probable): and are we actually increasing our fees this is actually a really small amount of money relative

[2:42:19] Trustee Morrison (probable): to the total budget that we're spending and our taxes i just don't see the whole system of like

[2:42:25] Trustee Morrison (probable): how it sits yet so that was also part of my issue um i know this is probably not popular but

[2:42:32] Trustee Morrison (probable): i just really want to see like where all this work is going on governance transformation and

[2:42:39] Trustee Morrison (probable): And, like, I just want to see it before I say that people here on the island have to pay more.

[2:42:45] Trustee Morrison (probable): Like, I don't know.

[2:42:46] Trustee Morrison (probable): I just, I'm not, and I'm a big believer in trust, don't get me wrong.

[2:42:51] Trustee Morrison (probable): And I'm a big believer that we should, that the cost should be transferred on to the applicants for development.

[2:42:58] Trustee Morrison (probable): But I just am not convinced about, I just am not convinced about it.

[2:43:04] Trustee Morrison (probable): So I just don't, I don't know, argue with me.

[2:43:07] Trustee Morrison (probable): tell me why we should should do this other than just everybody else did it because

[2:43:13] Voice 7: so now i'm looking at other local trust areas or subsidizing applications

[2:43:19] Voice 7: that's true your fees for 48 or for their way is 200 dollars

[2:43:25] Voice 7: 30 hours right and the proposed fee by line would be

[2:43:34] Voice 9: 900 or something but in the case where

[2:43:38] Voice 9: work had been done they were used there

[2:43:42] Trustee Morrison (probable): would be under the new piece by law

[2:43:44] Voice 7: we

[2:43:45] Trustee Morrison (probable): don't have that under our current one i thought we had an ability to get into agreement oh that's

[2:43:49] Trustee Morrison (probable): just on

[2:43:49] Voice 7: industrial applications cost recovery so that's how built into the fees by law when

[2:43:53] Voice 7: work is done prior to applying for the permit this higher theme okay

[2:43:59] Trustee Morrison (probable): so that's a good argument

[2:44:04] Voice 13: it feels like this might have been set up just like start out with the the file earlier and get

[2:44:11] Voice 13: get everybody worked up and then throw the slide a little solution in here uh later on um and i

[2:44:22] Trustee Morrison (probable): guess the other concern that i had and i i think this got resolved was if there is permits coming

[2:44:30] Trustee Morrison (probable): coming forward for any type of permit whatever it is um that are related to community efforts

[2:44:39] Trustee Morrison (probable): we get to determine if they are community benefit and then they would be under that exemption

[2:44:46] Trustee Morrison (probable): and then it has to get approved by the executives yes

[2:44:48] Voice 7: still the same it's executive oh

[2:44:50] Trustee Morrison (probable): it's a form

[2:44:51] Trustee Morrison (probable): that goes to the executive you

[2:44:53] Voice 7: don't have a role we

[2:44:54] Trustee Morrison (probable): don't have a role it's just goes straight

[2:44:57] Trustee Morrison (probable): So, but don't we get to, I mean, how does the executive know it's for our community then?

[2:45:01] Voice 7: I think that you could divorce the resolution, but also, like we would, there's a council policy that outlines, doesn't it falls into a gray area, typically, a

[2:45:16] Voice 9: local trustee could speak for it.

[2:45:18] Voice 7: advocate executive committee it's okay okay i don't know what to say people are trying to point

[2:45:24] Voice 7: down most of the ones i've dealt with have been for the results well yeah we had one

[2:45:30] Voice 7: okay um and so what happens if that form is submitted then staffs submit a staff report

[2:45:47] Trustee Morrison (probable): Okay. So Aaron, based on the fact that everybody else has done this, there is one, and I do think

[2:45:52] Trustee Morrison (probable): those are good arguments. I think this continues to be something that we have to advocate for at

[2:45:58] Trustee Morrison (probable): council around like the resolution of the timely, maybe I should say that way, the timely resolution

[2:46:05] Trustee Morrison (probable): of any of the government's report recommendations are things that need to kind of come down from

[2:46:10] Trustee Morrison (probable): that um i don't particularly think it's a fair situation now where the other islands have you

[2:46:18] Trustee Morrison (probable): know endorsed it therefore it's a minor amount of money frankly um in the big pot of the island's

[2:46:24] Trustee Morrison (probable): trust budget but it's still an inequity yeah

[2:46:28] Voice 9: um

[2:46:29] Voice 7: just

[2:46:30] Voice 9: before i forget uh one of the recommendations

[2:46:36] Trustee Morrison (probable): Yes, but it's more of a reason to increase in fees, like in terms of like data based

[2:46:41] Trustee Morrison (probable): reason.

[2:46:42] Trustee Morrison (probable): It says fees, if I

[2:46:44] Voice 7: recall, the annex

[2:46:46] Voice 7: one, which is the planning section of the governance

[2:46:49] Voice 7: review, fees should reflect more of the costs.

[2:46:54] Trustee Morrison (probable): Yes, exactly.

[2:46:55] Trustee Morrison (probable): And so my issue with the whole process is just that I am not convinced that these fees

[2:47:01] Trustee Morrison (probable): reflect the costs because I followed all of that reporting and data that went through the last four

[2:47:06] Trustee Morrison (probable): years and I am still not convinced that these fees will be

[2:47:10] Voice 7: done yeah that was our PCs or it

[2:47:12] Voice 7: was at the time local planning services compromise yeah was that the models be by

[2:47:19] Voice 7: the law will capture more of the costs but it can't cover the whole it's not going to come

[2:47:24] Voice 4: all right

[2:47:27] Trustee Morrison (probable): what do you want to do there i think

[2:47:30] Voice 13: i i mean it looking through it it they aren't

[2:47:34] Voice 13: large increases i think that they're you know hearing what robert just said like making strides

[2:47:41] Voice 13: towards addressing some of these things that we can address through uh the governance committee

[2:47:47] Voice 13: to start you know maybe pushing pushing some of these things forward sorry the governance review

[2:47:54] Voice 13: stuff I'm I'm okay with passing them and and just sort of making a making a move forward with it

[2:48:07] Voice 13: so

[2:48:09] Trustee Morrison (probable): I think the only one that I'm not that happy about and this is just because of the history of

[2:48:13] Trustee Morrison (probable): the last four years is the board of variance application I actually feel like the board of

[2:48:18] Trustee Morrison (probable): variance application should be more because we've had some people bypass the LTC and go to board

[2:48:23] Trustee Morrison (probable): of variance um and if they're going to do that i understand why people are choosing to do that but

[2:48:30] Trustee Morrison (probable): there's a couple cases that um i just feel like it's been it should i just feel like it should

[2:48:37] Trustee Morrison (probable): cost you if you're going to the board of variance instead of coming to a public forum for it like

[2:48:42] Trustee Morrison (probable): in this space i don't know and i so if if somebody can explain why it's okay to be this way in a

[2:48:48] Trustee Morrison (probable): really reasonable way

[2:48:49] Voice 4: like the

[2:48:51] Trustee Morrison (probable): 2288 or whatever it is for the fee for board of variance like we don't

[2:48:57] Trustee Morrison (probable): know really what the cost of those things are anywhere and the board of variance like by the

[2:49:04] Trustee Morrison (probable): time some people get to the board of variance they've been through our land use fees do they

[2:49:07] Trustee Morrison (probable): have to pay them both then okay well that's better

[2:49:09] Voice 7: so the board of variance the fees are both supposed

[2:49:17] Voice 7: So the notification for board of variants is actually less if your properties get notified,

[2:49:23] Voice 7: so there's a slightly smaller process in terms of notification.

[2:49:37] Voice 4: You had some thought on that?

[2:49:40] Voice 7: I would just

[2:49:40] Voice 7: add that, I guess, like the Local Government Act is not set up to be a

[2:49:56] Voice 7: to, like, a person should be able to choose Board of

[2:50:00] Voice 7: Parents for, like, they're both public processes.

[2:50:05] Voice 7: A Board of Parents meeting is a public meeting. It's appointees

[2:50:08] Voice 7: from the elected officials. I think there would be

[2:50:12] Voice 7: some risk if you have hugely different fees

[2:50:16] Voice 7: because you're trying to stream them down one pathway or another versus

[2:50:21] Voice 7: your fees more or less aligned and

[2:50:25] Voice 7: it's up to them it really is true up to that and if one fails they can choose to go down

[2:50:31] Voice 7: to the other side with no repercussion of this process affecting this but can

[2:50:37] Trustee Morrison (probable): they choose to

[2:50:37] Trustee Morrison (probable): go to the board of grants first yeah yeah see that's my yeah and i yeah but that's

[2:50:44] Voice 7: border variants also to be clear really limited by being adequately able to demonstrate um

[2:50:57] Voice 9: yeah so the board of variance fee is higher no

[2:51:00] Trustee Morrison (probable): no i get that but i i can tell you a situation

[2:51:03] Trustee Morrison (probable): where there wasn't a financial hardship and they got approved any

[2:51:06] Voice 7: financial hardship

[2:51:08] Voice 7: they haven't demonstrated for example that property

[2:51:15] Voice 7: spyglass floors

[2:51:16] Voice 4: anyways

[2:51:17] Voice 7: there's a property recently here that with the board of variance where they're

[2:51:22] Voice 7: a steep slope small lot so they were granted yeah hardship variance because of the challenges

[2:51:30] Voice 7: right

[2:51:31] Voice 4: that's entirely

[2:51:31] Voice 7: reasonable if it's

[2:51:33] Voice 7: going to cost them more that's not for sure yeah it's

[2:51:36] Voice 7: that they physically can't construct their reasonably sized home in that yeah no i understand

[2:51:42] Voice 4: that okay and

[2:51:45] Voice 7: then i would say just in terms of broader approval what this also does is start to

[2:51:51] Voice 7: to move you towards corporate consistency on your fees,

[2:51:54] Voice 7: which right before this fee bylaw,

[2:51:56] Voice 7: you had

[2:51:56] Voice 4: 13

[2:51:58] Voice 7: different fee structures.

[2:52:01] Voice 7: So corporate consistency is something

[2:52:03] Voice 7: that's right across the trust.

[2:52:06] Voice 4: So

[2:52:06] Voice 7: we're here in governance review.

[2:52:08] Trustee Morrison (probable): No, I get that.

[2:52:09] Voice 7: Those ones are good.

[2:52:10] Voice 7: Towards corporate consistency.

[2:52:12] Trustee Morrison (probable): Yeah.

[2:52:12] Trustee Morrison (probable): And that's why I'm a little bit more like now

[2:52:15] Trustee Morrison (probable): that I see some of the governance work moving

[2:52:17] Trustee Morrison (probable): in a particular direction, I'm

[2:52:19] Voice 4: more apt

[2:52:20] Trustee Morrison (probable): to go for that.

[2:52:21] Trustee Morrison (probable): and also that I see the budget is not like radically out of line with where we're hoping

[2:52:27] Trustee Morrison (probable): it comes in. I feel it's very difficult to approve a fees increase and a five percent or ten percent

[2:52:33] Trustee Morrison (probable): increase in budget at the same time. I find that very very difficult but anyway so go ahead and

[2:52:41] Trustee Morrison (probable): to make a motion. Okay.

[2:52:45] Voice 13: That the North. Oh, crap. Hold on.

[2:52:49] Voice 13: Technical technical difficulties. But the North

[2:52:52] Voice 13: Pender Island Local Trust Committee bylaw number 226

[2:52:55] Voice 13: cited as the North Pender Island. Local Trust

[2:52:58] Voice 13: Committee fees bylaw 2021 be given first reading.

[2:53:04] Voice 13: Discussion. Call the question all in favor? That

[2:53:08] Voice 8: that carries.

[2:53:09] Voice 13: Are we doing all four of these? Apparently yes, please.

[2:53:13] Voice 13: Recommendation. Okay,

[2:53:16] Voice 13: I just wasn't sure where to stop. That the North Pender Island Local Trust Committee

[2:53:20] Voice 13: bylaw number 226 cited as the North Pender Island Local Trust Committee

[2:53:24] Voice 13: fees bylaw 2021 be given second reading. Seconded. Discussion? All questions in favor?

[2:53:32] Voice 8: That carries.

[2:53:34] Voice 13: That the North Pender Island Local Trust Committee bylaw number 226 cited as the

[2:53:38] Voice 13: the North Pender Island Local Trust Committee's

[2:53:40] Voice 13: Committee Fees By-law 2021 be given third reading.

[2:53:45] Voice 8: Secondary discussion,

[2:53:46] Voice 8: call question on favor?

[2:53:47] Voice 13: That carries.

[2:53:49] Voice 13: That the North Pender Island Local Trust Committee

[2:53:51] Voice 13: By-law number 226 cited as North Pender Island

[2:53:55] Voice 13: Local Trust Committee Fees By-law 2021

[2:53:58] Voice 13: be forwarded to the Secretary of the Islands Trust

[2:54:00] Voice 13: for approval by the Executive Committee.

[2:54:03] Voice 8: Seconded discussion, call question on favor?

[2:54:06] Voice 8: Carries.

[2:54:06] Voice 8: So,

[2:54:07] Trustee Morrison (probable): Aaron, I think just as a note for us as an LTC, I really want us all to be arguing, like to really think carefully about this and argue when we get into March about the just as we're starting to unpack the governance work and the different pieces, we can be monitoring the cost of permits.

[2:54:29] Trustee Morrison (probable): like it is something that can be done um inside the financial system and to really understand

[2:54:38] Trustee Morrison (probable): going forward if these fees are still in line or not like we need to be monitoring the cost of

[2:54:43] Trustee Morrison (probable): permits um and so i think and i think to what you just said brad actually like there are some

[2:54:50] Trustee Morrison (probable): permits because people are not compliant that are costing us a lot more and they weigh into the

[2:54:54] Trustee Morrison (probable): average and we just need to know that that's going to be covered so yeah so i think that's

[2:55:00] Trustee Morrison (probable): it'll come up for sure at trust council and we just need to voice it because apparently

[2:55:05] Trustee Morrison (probable): i thought too much way

[2:55:07] Voice 8: too much okay moving forward we have the raptor desk mapping bpa

[2:55:13] Voice 8: project thank you for

[2:55:15] Trustee Morrison (probable): this thank you for that update

[2:55:17] Voice 7: on the project but we're just proceeding

[2:55:20] Voice 7: mr baxter's been fired and so the contract is in place the data is my understanding uh complete i

[2:55:30] Voice 7: need to set up a touch base with dan this week just to talk about kind of timelines

[2:55:38] Voice 4: yeah uh but

[2:55:41] Voice 7: So we expect to bring in detail the report back to the agenda for the committee and the

[2:55:50] Voice 7: steps would be consideration of those

[2:55:53] Voice 7: areas and what people actually would like to protest

[2:56:00] Voice 8: about.

[2:56:00] Voice 4: So we're excited about that.

[2:56:02] Voice 4: It's been a long time coming.

[2:56:03] Voice 4: Thank you for that.

[2:56:03] Voice 8: Anything for you, Trustee Campbell?

[2:56:05] Voice 8: Nope.

[2:56:06] Voice 8: I'm good.

[2:56:07] Voice 8: I feel happy, Trustee.

[2:56:09] Voice 8: You're doing good.

[2:56:09] Voice 8: Let's

[2:56:10] Trustee Morrison (probable): make sure we can enforce those BPs.

[2:56:12] Voice 8: all right so we're moving forward 50.1 we have active projects report uh date of january 2024

[2:56:30] Voice 4: um so does that mean we get another one

[2:56:37] Trustee Morrison (probable): because i want to

[2:56:40] Voice 9: to maintain and do the uh oh

[2:56:49] Trustee Morrison (probable): right because we had to

[2:56:52] Voice 9: start to start the

[2:56:53] Trustee Morrison (probable): yeah yeah i think i'd talk

[2:56:58] Trustee Morrison (probable): to that at trust council too okay okay so

[2:57:01] Voice 8: nothing there future projects same thing everybody's pretty

[2:57:04] Voice 8: happy um

[2:57:04] Trustee Morrison (probable): the future projects thing i would actually love it to be listed i don't know that

[2:57:08] Trustee Morrison (probable): oh they're just somewhere on here now that we know that the galliano dp was enforceable the

[2:57:14] Trustee Morrison (probable): way it was like the review came back for that i would really like it to be somewhere in our

[2:57:18] Trustee Morrison (probable): consideration so we don't forget it um but i think it's probably under number five and maybe if we

[2:57:23] Trustee Morrison (probable): can just somehow tag a description into number five remember of like um development permit areas

[2:57:31] Trustee Morrison (probable): including forestry like in there somewhere because i was i read through the galliano one

[2:57:37] Trustee Morrison (probable): And it was so simple, really.

[2:57:40] Trustee Morrison (probable): I mean, granted mapping was probably really complicated,

[2:57:42] Trustee Morrison (probable): but it was just really interesting.

[2:57:47] Voice 9: So specificity in number five about-

[2:57:50] Trustee Morrison (probable): It would be on forest cover?

[2:57:51] Trustee Morrison (probable): Forest management, kind of.

[2:57:54] Trustee Morrison (probable): I don't know what, it's not forest,

[2:57:55] Trustee Morrison (probable): I don't know what comes first.

[2:57:57] Trustee Morrison (probable): Yeah, protecting forest.

[2:57:58] Trustee Morrison (probable): Cover, yeah.

[2:57:59] Trustee Morrison (probable): I'll take that out of the way.

[2:58:00] Trustee Morrison (probable): Thank you.

[2:58:01] Trustee Morrison (probable): Yeah, the way it was worded in Galliana was cover up.

[2:58:04] Voice 8: Dr. Campbell, anything to add?

[2:58:10] Voice 8: Okay. So we will then move down 15.2 application report. Anything exciting there?

[2:58:21] Trustee Morrison (probable): I'm wondering if it's not on this list. Somewhere we have, sorry, this is a really long list. I

[2:58:28] Trustee Morrison (probable): should have marked it. Have we heard any more about the ALR, like response from the ALR about

[2:58:39] Trustee Morrison (probable): their decision on the waterfront because they were supposed to give some kind of decision letter

[2:58:43] Trustee Morrison (probable): about the inclusion exclusion aren't they for that yeah isn't it they've

[2:58:48] Voice 9: made their decision

[2:58:50] Voice 9: there's a condition no not

[2:58:55] Trustee Morrison (probable): the not for death i'm talking about the alr actually because didn't the

[2:58:59] Trustee Morrison (probable): wasn't the alr supposed to give us a actual letter on a decision related to

[2:59:04] Voice 7: the predictor yeah

[2:59:07] Voice 7: Yeah, I don't know between the ALC and the burdettes to finalize the conditions.

[2:59:15] Trustee Morrison (probable): Okay, but we, they, oh, okay, so it's, so they haven't responded back to you, okay.

[2:59:24] Trustee Morrison (probable): Yeah, so is there anything that we can do to, like, just, like, be, like, what is going on?

[2:59:29] Trustee Morrison (probable): Like, are you going to respond ever? Okay, all right, yeah.

[2:59:33] Voice 7: That's with the burdettes, I think, as well. I'm just trying to dig through the events,

[2:59:36] Voice 7: because i do the pictures and the pictures of the fencing and the trees were sent over a year ago

[2:59:45] Voice 7: so i'm just waiting for them to look at the pictures actually one of your planners was

[2:59:51] Voice 7: one of the guys that sat there with it on his desk uh well he said that he's on his desk but

[2:59:57] Voice 7: ian

[2:59:58] Voice 9: is back with the honest trust

[3:00:00] Voice 7: yeah. So yeah, he confirmed when he came back that yes, it's

[3:00:07] Voice 7: there.

[3:00:12] Voice 7: It is. Yeah.

[3:00:14] Trustee Morrison (probable): Okay. Okay. I just was curious where that was at.

[3:00:18] Voice 8: Trustee Campbell, you're happy. He's happy. So next up, we have

[3:00:25] Voice 8: trustee and local expense report. Very straightforward, I

[3:00:28] Voice 8: believe the

[3:00:31] Voice 7: report let's see if you have any questions this is

[3:00:36] Trustee Morrison (probable): march right when it comes

[3:00:37] Trustee Morrison (probable): around and it refreshes like our budget changes

[3:00:41] Voice 7: so we

[3:00:44] Trustee Morrison (probable): spent um so

[3:00:48] Voice 8: then we move down to our top

[3:00:50] Voice 8: policy sustainability resolution they're capturing information um and i guess we just roll down to

[3:00:59] Voice 8: get a new business which we don't have

[3:01:02] Voice 4: any sorry sorry but

[3:01:04] Trustee Morrison (probable): so i'm just processing this mentally so

[3:01:08] Trustee Morrison (probable): we have nine thousand dollars left over in our projects budget does that mean that we just get

[3:01:13] Trustee Morrison (probable): ten thousand dollars in march or do we get that nine thousand dollars plus any additional

[3:01:26] Voice 7: Yeah, technically, you can request trust counsel to be the same amount.

[3:01:37] Trustee Morrison (probable): Okay, because I'm just wondering as we move into our as we finish up with our, like our housing project is coming up and we still have to keep the money for the rafter project in there so that we can make sure that's paid out.

[3:01:49] Trustee Morrison (probable): are we but i think we put in a request for yeah

[3:01:53] Voice 7: so you've got a business case

[3:01:57] Voice 7: okay

[3:02:00] Voice 7: for five thousand for the rapid best um is to cost the contract and um or put in for a minor

[3:02:10] Voice 7: project um to finish the bulk of it like public hearing costs and so on for next fiscal year

[3:02:17] Voice 4: sounds good right um

[3:02:21] Voice 8: so we're up to the next regular meeting it's going to be electronic

[3:02:27] Voice 8: and that's February 23rd uh

[3:02:30] Trustee Morrison (probable): any new business no there was no new business okay um

[3:02:35] Voice 8: and then we

[3:02:36] Voice 8: will conclude the town hall if there's anything more to be said Mr. Sketch I'd

[3:02:44] Voice 11: like to go back

[3:02:45] Voice 11: Back to the duty to consult regarding the James Island

[3:02:50] Voice 11: bylaws, when those bylaws were up for consideration

[3:02:58] Voice 11: of adoption, a letter was received

[3:03:02] Voice 11: from the chief of the First Nation of the Tseo

[3:03:06] Voice 11: and from the treaty manager, separate letters,

[3:03:10] Voice 11: both very strenuously objected to the james island bylaws and the advice from staff

[3:03:24] Voice 11: a new public hearing would be required and the two-thirds of the local trust committee of the day

[3:03:33] Voice 11: voted to not receive letters the the objections to the bylaws today

[3:03:40] Voice 11: the duty to consult is, it looks like, being put upon the Crown.

[3:03:46] Voice 11: The Crown is supposed to consult with the First Nation on the North Ender bylaws.

[3:03:56] Voice 11: In fact, it makes common sense, or it would make sense to the public,

[3:04:00] Voice 11: that it was the LTC's responsibility to consult with the Seyed on their own bylaw,

[3:04:06] Voice 11: which is is up for consideration the ltc of today is very different from the ltc of 2007

[3:04:13] Voice 11: which was very contentious and the attitude may be quite different particularly with regards to

[3:04:24] Voice 11: parkland and public access it's unlikely because whenever i approached the nation at the time

[3:04:35] Voice 11: their attitude was very hard line this is we own this land the uh uninstructed violence

[3:04:42] Voice 11: are absolutely irrelevant there may be resistance to uh respond to consultation

[3:04:50] Voice 11: but it is a repeat under the local government act for an ocp change a positive duty of your body to

[3:04:59] Voice 11: consult with the sale if you fail you fail but it's never been done and these bottles are the

[3:05:06] Voice 11: very ones that are before the province now and i don't think it is that crown's job to clean

[3:05:11] Voice 11: up that mess those bottles were put in place by the north pander ltc and um education and

[3:05:20] Voice 11: And I repeat, it would show good .

[3:05:28] Voice 8: All right.

[3:05:29] Voice 8: So now, I guess, we will go on camera.

[3:05:38] Voice 4: There is no language related to that.

[3:05:41] Voice 8: Yeah.

[3:05:44] Voice 8: OK, so I'll take a mic.

[3:05:46] Voice 8: Thank you.

[3:05:47] Voice 8: I can jump in and just say that I

[3:05:50] Voice 8: believe that the meetings folks in public,

[3:05:52] Voice 8: according to community charter, it's

[3:05:54] Voice 8: Part 4, Division 3, Section 91A,

[3:05:57] Voice 8: considering personal information about an identifiable individual

[3:06:01] Voice 8: who votes or is being considered for a position

[3:06:04] Voice 8: as an officer in the corporation of the municipality

[3:06:06] Voice 8: or another position appointed by the municipality

[3:06:08] Voice 8: and reporter and staff attend the meeting.

[3:06:13] Voice 4: Second.

[3:06:15] Voice 8: Okay.

[3:06:16] Voice 8: Call question.

[3:06:17] Voice 8: All in favor?

[3:06:18] Voice 8: That carries.

[3:06:20] Voice 8: All righty.

[3:06:21] Voice 8: So if you...

[3:06:22] Voice 8: Yes, thank you.

North Pender Island Local Trust Committee 
Regular Meeting 
January 26, 2024 ADOPTED Page 1 of 11 
 
North Pender Island Local Trust Committee 
Minutes of Regular Meeting 
 
Date:  
Location:  
January 26, 2024 
Anglican Parish Hall 
4703 Canal Road, RR#1, North Pender Island, BC 
 
Members Present: David Maude, Chair 
 Aaron Campbell, Local Trustee (electronic) 
 Deb Morrison, Local Trustee 
  
Staff Present: Robert Kojima, Regional Planning Manager 
 Brad Smith, Island Planner 
 Bruce Belcher, Planner 1 (electronic) 
 Warren Dingman, Bylaw Compliance and Enforcement Manager 
(electronic) 
 Jennifer Isaac, Meeting Coordinator (electronic) 
 Lisa Millard, Recorder (electronic) 
  
Others Present: Paul Brent, Capital Regional District Electoral Area Director for the 
Southern Gulf Islands 
 There were fifteen (15) members of the public present. 
 
1. CALL TO ORDER 
Chair Maude called the meeting to order at 10:01 a.m. He acknowledged that the meeting was 
held on the territory of the Coast Salish First Nations. 
2. APPROVAL OF AGENDA 
By general consent, the agenda was approved as presented. 
3. TRUSTEE REPORT 
Trustee Campbell reported the following: 
 He is away and mainly communicating via email 
 He attended the Trust Council meeting in December 
 He noted that attending meeting electronically provide a different perspective to issues 
being discussed 
 Trustee Morrison reported the following: 
 She attended Trust Council and found the informal discussions with other attendees helpful 
 She received an anonymous letter from a community member stating that she speaks too 
much at meetings and she indicated that it is her responsibility to advocate on issues 
A D O P T E D 

 
North Pender Island Local Trust Committee 
Regular Meeting 
January 26, 2024 ADOPTED Page 2 of 11 
 She attended the Remembrance Day ceremonies as a representative of Islands Trust and 
due to unforeseen circumstances had to bring her pet. She was given permission by the 
Chair of Ceremonies to have her pet walk with her to keep it calm. A member of the 
community felt this was disrespectful, for which Trustee Morrison apologized 
4. CHAIR'S REPORT 
 Chair Maude reported that: 
 The November Local Trust Committee meeting was cancelled because the Bylaw states in 
person meetings require at least two Trustees to be present, and an electronic meeting 
could not be conducted because advance notice is required to hold a meeting in a different 
manner than what was advertised 
 The Islands Trust Chief Administrative Officer is retiring effective June 30, 2024 
 The annual budget will be approved in March and there are competing pressures to not 
increase taxes combined with expectations to get projects completed. It is important to find 
a compromise when considering rising costs 
5. ELECTORAL AREA DIRECTOR'S REPORT 
Electoral Area Director Paul Brent was in attendance and reported the following: 
 Housing continues to be the primary area of concern with focus on acquiring land for 
housing, complex care housing, and rural housing. The Capital Regional District is supporting 
the Housing Now program through funds attained from the Economic Sustainability 
Commission. The Capital Regional District is undertaking an alternative approval process to 
gain support for borrowing $85,000,000 for housing while also seeking matching funds from 
both the provincial and federal governments 
 There is a deficiency on protocol agreements between the Capital Regional District and 
Islands Trust but noted he communicates with Trustees frequently and attends Local Trust 
Committee meetings 
 He has been involved in parkland acquisitions, water infrastructure improvements, food 
sustainability, and providing grants-in-aid to various environmental issue groups 
 In response to a Trustee’s inquiry about using the hotel tax for affordable housing Director 
Brent noted that the southern Gulf Islands tourism partnership participated with diverting 
some of the tax funds to housing and has committed to supporting the Capital Regional 
District’s rural housing program 
 When asked if the Mortimer Spit trail will be closed off to traffic Director Brent replied that 
the area contains archaeological sensitive sites and that the Capital Regional District is 
working with First Nations about the possibility of a protective cover that will stabilize the 
site and minimize artifacts from being washed away while still allowing residents access to 
the area 
6. TOWN HALL AND QUESTIONS 
 Don Korbin referenced the Plum Tree Court application and asked if the requirement to 
consult with First Nations is mandated by statute or if it is an Islands Trust administrative 
procedure, if Islands Trust believed failure to consult would be a violation of the United 
Nations Declaration on the Rights of Indigenous Peoples, and if a referral effectively gives 
First Nations a veto right on bylaw changes 
 

 
North Pender Island Local Trust Committee 
Regular Meeting 
January 26, 2024 ADOPTED Page 3 of 11 
o Regional Planning Manager Robert Kojima replied that Islands Trust considers 
engagement a best practice, that there are internal policies that give guidance to 
consult with First Nations, that a Local Trust Committee could decide to not send 
referrals to First Nations however that decision would be contrary to reconciliation 
policies that both the Local Trust Committee and Trust Council have adopted, that 
the courts have determined that First Nations do not have veto rights, and that the 
Local Trust Committee would consider any information provided by First Nations 
due to their duty to consult 
 
 A speaker noted that if a community member cuts down trees without a development 
permit the estimate for remediation work should reflect actual costs and the security 
deposit should reflect those costs. The speaker believed that not enough is being done to 
hold an individual accountable to bylaw requirements and that staff should be allowed to 
get a quote themselves 
 
o Regional Planning Manager Robert Kojima replied that a lot of time has been spent 
attempting to get adequate quotes from the property owner and that staff are not 
able to go onto private property to gather information for the purpose of seeking 
their own estimate 
 
Michael Sketch stated the following: 
 He requested that the Local Trust Committee make an amendment to the Official 
Community Plan relevant to James Island 
 The James Island bylaws have the effect of creating a private island after subdivision 
 The pre 2007 bylaws allowed for 20% of James Island to be owned by Islands Trust 
Conservancy plus a 5% parkland dedication and following the adoption of the bylaws there 
was no longer public access to the island 
 A covenant in the revised bylaw allowed for a $1,500,000 cash payment in lieu of parkland 
however he believes that the Local Government Act does not allow cash in lieu when there 
is not a parks commission 
 The cash in lieu payment would have went towards the purchase of a watershed property 
 He requested that should the bylaws proceed that the Local Trust Committee revoke that 
cash in lieu section of the first covenant for the purpose of showing good faith 
 
Julia Nicholls made the following comments: 
 The Local Trust Committee needs to ensure development permit area regulations are 
enforceable 
 The Local Trust Committee had previously questioned its authority over logging practices 
however Galiano has an island-wide development permit area that is legal and enforceable 
 A submission was made to Crown Council and the Bylaw Enforcement Officer informed her 
the submission was confidential to which she disagrees 
 Trustees and the public should be able to see the submission now that Crown Council’s 
decision not to prosecute has been made public 
 The Islands Trust Chief Administrative Officer is responsible to ensure bylaws are 
enforceable and she asks what they are doing regarding this case 

 
North Pender Island Local Trust Committee 
Regular Meeting 
January 26, 2024 ADOPTED Page 4 of 11 
 Either Crown Council is wrong, bylaw enforcement procedures had errors, Islands Trust 
Lawyers’ advice to Crown Council was wrong, or information given to Crown Council could 
be wrong 
 She requests that staff be accountable, that violators be required to pay for restoration 
work, that there is follow up on Crown Council rules, that the  submission be made public, 
and that Islands Trust follow up with an appeal or other levels of justice 
 
In response Trustees noted the following: 
 The issue was brought up with Trust Council 
 The Ombudsperson is looking over the Bylaw and will provide feedback 
 They are questioning why there is a difference between what Islands Trust Lawyers have 
said and what Crown Council as said 
 The letter of concerns did go to Crown Council 
 Trustees asked that the property owners get quotes on remediation costs not that staff get 
quotes and negatively towards staff regarding this is not correct 
 Next steps to be taken need to be discussed and determined 
7. COMMUNITY INFORMATION MEETING - None 
8. PUBLIC HEARING - None 
9. MINUTES 
9.1 Local Trust Committee Minutes Dated September 29, 2023 (for Adoption) 
The following amendments to the minutes were presented for consideration: 
 On page 1 of the minutes Trustee Morrison’s Report stated that she was feeling 
saturated with the politics of Trust Council and should have stated she was 
feeling challenged with effective ways to move forward with governance issues 
By general consent the North Pender Island Local Trust committee meeting minutes of 
September 29, 2023 were adopted as amended. 
9.2 Local Trust Committee Special Meeting Minutes Dated October 21, 2023 (for 
Adoption) 
The following amendments to the minutes were presented for consideration: 
 On page 1 of the minutes add Trustee Morrison arrived at 1:06 pm and 
apologized as she thought the meeting was being held at the Community Hall 
By general consent the North Pender Island Local Trust committee meeting minutes of 
October 21, 2023 were adopted as amended. 
9.3 Section 26 Resolutions-without-meeting Report Dated Jan 2024 
  Received for information. 
9.4 Advisory Planning Commission Minutes - None 
10. BUSINESS ARISING FROM THE MINUTES 
  

 
North Pender Island Local Trust Committee 
Regular Meeting 
January 26, 2024 ADOPTED Page 5 of 11 
10.1 Follow-up Action List Dated Jan 2024 
  Received for information. 
11. DELEGATIONS – None 
12. CORRESPONDENCE 
Correspondence received concerning current applications or projects is posted to the Local Trust 
Committee webpage 
12.1 Michelle Marsden re Proposing a Ban on Fireworks 
The correspondence was received for information. It was noted that the use of 
fireworks is an issue for Fire Department consideration and the letter will be forwarded. 
12.2 Michael Symons re Housing on North Pender Island 
  The correspondence will be added to the housing project file. 
12.3 Julia Nicholls re Short Term Vacation Rentals 
The correspondence will be added to the housing project file. 
12.4 Karen Bell re Lighting Issues on Pender Islands 
The correspondence was received for information. Paul Brent, Capital Regional District 
Electoral Area Director for the Southern Gulf Islands, noted that it is challenging to 
create new regulations based on an issue that appears to be related to one specific 
structure; however, they can bring up the issue with bylaw enforcement. 
12.5 Letter of Support for BC Housing Funding Applications for Affordable Housing Projects 
Received for information. 
13. APPLICATIONS AND REFERRALS 
13.1 NP-RZ-2023.1 (Pender Islands Housing Society) - Staff Report 
Island Planner Brad Smith summarized the staff report and discussion ensued. 
 
NP-2024-001 
It was Moved and Seconded, 
that North Pender Island Local Trust Committee Bylaw No. 234, cited as “North 
Pender Island Land Use Bylaw No. 224, 2022, Amendment No. 1, 2023” be read 
a first time. 
CARRIED 
 
NP-2024-002 
It was Moved and Seconded, 
that North Pender Island Local Trust Committee Bylaw No. 234, cited as “North 
Pender Island Land Use Bylaw No. 224, 2022, Amendment No. 1, 2023” be read 
a second time. 
CARRIED 
 

 
North Pender Island Local Trust Committee 
Regular Meeting 
January 26, 2024 ADOPTED Page 6 of 11 
NP-2024-003 
It was Moved and Seconded, 
that North Pender Island Local Trust Committee Bylaw No. 234, cited as “North 
Pender Island Land Use Bylaw No. 224, 2022, Amendment No. 1, 2023” be read 
a third time. 
CARRIED 
 
NP-2024-004 
It was Moved and Seconded, 
that North Pender Island Local Trust Committee has reviewed the Islands Trust 
Policy Statement Directives Only Checklist and determined that Bylaw No. 234, 
cited as “North Pender Island Land Use Bylaw No. 224, 2022, Amendment No. 1, 
2023” is not contrary to or at variance with the Islands Trust Policy Statement. 
CARRIED 
 
NP-2024-005 
It was Moved and Seconded, 
that North Pender Island Local Trust Committee proposed Bylaw No. 234 be 
forwarded to the Secretary of the Islands Trust for Executive Committee 
Approval. 
CARRIED 
 
NP-2024-006 
It was Moved and Seconded, 
that North Pender Island Local Trust Committee directs staff to initiate a 
resolution without meeting for adoption of proposed Bylaw No. 234 following 
Executive Committee approval. 
CARRIED 
 
13.2 NP-SUB-2023.2 (James Island Properties) - Staff Memo 
Regional Planning Manager Robert Kojima reviewed the staff memo and indicated that 
in a previous term the application was refused by the provincial approving officer. The 
proposed layout application is identical to the previous one, and it is being treated as a 
new application. 
 
Legal counsel for the landowner was in attendance and stated the applicant is in 
support of the staff memo. 
 
Staff will send a background summary regarding the previous application to Trustees. 
 
Discussion ensued and it was noted that signing a conservation covenant is a positive 
step but that it should not be confused with agreement with the subdivision application. 
There are challenges for the Tsawout First Nation to consult with the applicant because 
the Tsawout is in dispute with the federal government regarding treaty rights on James 
Island. 
  
  

 
North Pender Island Local Trust Committee 
Regular Meeting 
January 26, 2024 ADOPTED Page 7 of 11 
NP-2024-007 
It was Moved and Seconded, 
that North Pender Island Local Trust Committee request staff to provide the 
provincial approving officer with information regarding LTC’s concerns with First 
Nations consultation.  
CARRIED 
 
13.3 NP-DP-2023.3 (Shave) - Staff Report 
In response to questions from the Trustees, Island Planner Brad Smith clarified the 
following: 
 Staff have made an extensive effort to get further quotes from the applicant and 
have had no response 
 The security deposit is considered a bond to ensure that the work is completed 
 The deposit is not released until the conditions of a development permit have been 
satisfied including the requirement that replanted trees have survived for three 
years or reached a height of 1.5 metres 
 The only legal avenue to pursue is the requirement to get the development permit 
and once a permit is issued to comply with the permit conditions 
 
The Trustees made the following points: 
 The remediation quote received from the applicant seems inadequate based on the 
amount of work that needs to be done and the type of equipment required to 
perform required work 
 There is reluctance to issue a development permit without receiving the additional 
quotes previously requested, it is important for the restoration work to begin but 
without a permit that work is delayed 
 Jurisdiction regarding forestry practices needs to be defined as the province has the 
ability to issue a fine while the Local Trust Committee does not 
 
Bylaw Compliance and Enforcement Manager Warren Dingman stated that he would ask 
Islands Trust legal counsel if there can be a reconsideration of the staying of the 
charges, and if it is possible for Crown counsel to give Islands Trust legal counsel the 
authority to proceed at Islands Trust cost. 
 
NP-2004-008 
It was Moved and Seconded, 
that North Pender Island Local Trust Committee request that the applicant 
submit three Pender Island based quotes to the Islands Trust. 
CARRIED 
 
13.4 NP-DP-2023.4 (Balmer) - Staff Report 
Planner Bruce Belcher summarized the staff report and Trustees thanked the applicant 
for their environmentally sensitive approach to the application. 
 
  

 
North Pender Island Local Trust Committee 
Regular Meeting 
January 26, 2024 ADOPTED Page 8 of 11 
NP-2024-009 
It was Moved and Seconded, 
that North Pender Island Local Trust Committee approve issuance of 
Development Permit NP-DP-2023.4 (Balmer). 
CARRIED 
 
13.5 NP-DP-2023.6 (Funk) - Staff Report 
Island Planner Brad Smith noted that this was a development permit area amendment 
for a permit that had previously been approved and that the applicant wished to adjust 
the siting of the proposed house for solar power access and the siting for the garage to 
improve access and reduce impact on two trees. The Trustees had no questions. 
 
NP-2024-010 
It was Moved and Seconded, 
that North Pender Island Local Trust Committee approve issuance of amending 
Development Permit NP-DP-2023.6 (Funk). 
CARRIED 
 
13.6 Saturna Island Local Trust Committee Referral for Proposed Bylaws 140 and 141 (for 
Response) 
 
NP-2024-011 
It was Moved and Seconded, 
that North Pender Island Local Trust Committee interests are unaffected by the 
Saturna Island Local Trust Committee Draft Bylaws No. 140 and 141. 
CARRIED 
 
13.7 Salt Spring Island Local Trust Committee Referral for Draft Bylaw No. 536 (for 
Response) 
NP-2024-012 
It was Moved and Seconded, 
that North Pender Island Local Trust Committee interests are unaffected by the 
Salt Spring Island Local Trust Committee Draft Bylaw No. 536. 
CARRIED 
 
The meeting was recessed for a break at 12:40 pm and reconvened at 12:48 pm. 
14. LOCAL TRUST COMMITTEE PROJECTS 
14.1 North Pender Island Local Trust Committee Draft Fees Bylaw No. 226 - Staff Report 
Discussion ensued and the Local Trust Committee indicated concern that governance 
issues had not been resolved prior to increasing fees and that advocacy is needed at 
Trust Council for the timely resolution of governance report recommendations. It was 

 
North Pender Island Local Trust Committee 
Regular Meeting 
January 26, 2024 ADOPTED Page 9 of 11 
noted that while the fees might not adequately reflect actual costs the increases are not 
large.  
 
NP-2024-013 
It was Moved and Seconded, 
that North Pender Island Local Trust Committee Bylaw No. 226, cited as “North 
Pender Island Local Trust Committee Fees Bylaw, 2021”, be given First Reading. 
CARRIED 
 
NP-2024-014 
It was Moved and Seconded, 
that North Pender Island Local Trust Committee Bylaw No. 226, cited as “North 
Pender Island Local Trust Committee Fees Bylaw, 2021”, be given Second 
Reading. 
CARRIED 
 
NP-2024-015 
It was Moved and Seconded, 
that North Pender Island Local Trust Committee Bylaw No. 226, cited as “North 
Pender Island Local Trust Committee Fees Bylaw, 2021”, be given Third Reading. 
CARRIED 
 
NP-2024-016 
It was Moved and Seconded, 
that North Pender Island Local Trust Committee Bylaw No. 226, cited as “North 
Pender Island Local Trust Committee Fees Bylaw, 2021”, be forwarded to the 
Secretary of the Islands Trust for approval by the Executive Committee. 
CARRIED 
 
14.2 Raptor Nest Mapping Development Permit Area Project – Staff Memo 
Received for information. 
15. REPORTS 
15.1 Work Program Report 
15.1.1 Active Projects Report Dated Jan 2024 
   Received for information. 
15.1.2 Future Projects Report Dated Jan 2024 
Trustee Morrison would like a note included in Item No. 5 “Review 
Development Permit Areas” referencing the Galiano forest cover protection 
bylaw. 
15.2 Applications Report Dated Jan 2024 
  Received for information. 

 
North Pender Island Local Trust Committee 
Regular Meeting 
January 26, 2024 ADOPTED Page 10 of 11 
15.3 Trustee and Local Expense Report Dated Nov 2023 
  Received for information. 
15.4 Adopted Policies and Standing Resolutions 
  Received for information. 
15.5 Local Trust Committee Webpage – No updates 
15.6 Islands Trust Conservancy Report - None 
16. NEW BUSINESS - None 
17. UPCOMING MEETINGS 
17.1 Next Regular Electronic Meeting Scheduled for February 23, 2023 
18. TOWN HALL 
Michael Sketch stated that when the James Island bylaws were up for consideration of adoption 
a letter was received from a Chief of the Tsawout First Nation and the Treaty Manager objecting 
to the James Island bylaws and at that time the Local Trust Committee decided not to receive 
the letters of objection. Today it looks like the duty to consult is being put upon the crown 
however it should be the Local Trust Committees duty to consult on their own bylaw, and the 
local government act requires that duty when considering a change to the Official Community 
Plan. 
19. CLOSED MEETING (Distributed Under Separate Cover) 
19.1 Motion to Close Meeting 
NP-2024-017 
It was Moved and Seconded, 
That the meeting be closed to the public in accordance with the Community 
Charter, Part 4, Division 3, s. 90(1)(a) for the purpose of considering: 
 personal information about an identifiable individual who holds or is being 
considered for a position as an officer, employee or agent of the 
municipality or another position appointed by the municipality; 
AND that the recorder and staff attend the meeting. 
CARRIED 
 
The regular meeting was closed to the public to go in-camera at 1:15 pm. 
19.2 Recall to Order 
  The meeting was recalled to order at 1:55 pm 
19.3 Rise and Report 
  Chair Maude will rise and report at the next Local Trust Committee that  
 The in-camera minutes of the Local Trust Committee meeting of July 28, 2023 were 
adopted 
 An appointment to the Board of Variance was made 

 
North Pender Island Local Trust Committee 
Regular Meeting 
January 26, 2024 ADOPTED Page 11 of 11 
 Appointments were made to the Advisory Planning Commission 
20. ADJOURNMENT 
By general consent the meeting was adjourned at 1:56 pm. 
 
 
_________________________ 
David Maude, Chair 
 
Certified Correct: 
 
_________________________ 
Lisa Millard, Recorder