North Pender Island Local Trust Committee community information meeting, February 23, 2024

North Pender Island Local Trust Committee · 2024-02-23 · 2:26:57 · recording 240223D on the Islands Trust's video service. Every timestamp below plays the recording from that moment.

Source

  • Recording: Islands Trust, North Pender Island Local Trust Committee, meeting of 2024-02-23, video recording ID 240223D (2:26:57) — Islands Trust player · stream file (.m3u8). The recording is streamed from the Islands Trust's own server; nothing is re-hosted here.
  • Minutes: Islands Trust, North Pender LTC Regular Meeting Minutes (the official record, reproduced below).
  • Transcript: produced by Abolish the Islands Trust from the recording above using open-source speech recognition (Whisper, large-v3), reviewed pass, 2026-09-02. Timestamps are seconds from the start of the Trust's recording; speaker labels come from voice matching and hand review and carry a confidence mark.
  • Cite a line as: Islands Trust recording 240223D at h:mm:ss, with this page's address plus ?t=<seconds>.

Accuracy. Machine transcript, reviewed. Produced by speech-recognition software from the Islands Trust's own recording; speaker labels were added by hand and carry a confidence mark. It is not an official record. The Islands Trust's minutes are the official record, and they are shown beside the transcript so you can compare the two. Check any line against the recording at the timestamp before relying on it.

Who speaks in this meeting

Transcript

[0:00:01] Voice 4: All righty. Good morning, everybody. Thank you for joining us today for this meeting of the North Pender Local Trust Committee.

[0:00:10] Voice 4: This is an electronic meeting. It's basically to consider five applications. Fairly straightforward.

[0:00:18] Voice 4: I want to begin today by acknowledging that we are fortunate to be able to gather today in locations across the territory of the Coastal Nation of the Salish people.

[0:00:25] Voice 4: I'm David Vaughn, elected to the main island and chair of the North Pender Island Local Trust Committee.

[0:00:30] Voice 4: I'm joined today by North Pender Island trustees,

[0:00:33] Voice 4: Aaron Campbell and Deb Morrison.

[0:00:36] Voice 4: Today, together we make up the North Pender Island

[0:00:39] Voice 4: Local Trust Committee.

[0:00:40] Voice 4: This meeting is being live screened and recorded

[0:00:42] Voice 4: for those who are unable to attend.

[0:00:45] Voice 4: The recording will be posted

[0:00:47] Voice 4: at the Islands Trust website for future viewing.

[0:00:50] Voice 4: We have some staff members joining us today.

[0:00:53] Voice 4: We have Planner Testimony, Planner Smith,

[0:00:56] Voice 4: And we have Mr. Dingman from Biola Enforcement.

[0:01:05] Voice 4: I'm not sure.

[0:01:06] Voice 4: Emily, are you acting as being the recording secretary also?

[0:01:10] Voice 6: No, we've got Lisa here.

[0:01:12] Voice 4: Oh, Lisa.

[0:01:13] Voice 4: Lisa is our recording secretary.

[0:01:14] Voice 4: Welcome, Lisa.

[0:01:15] Voice 4: It's nice to have you.

[0:01:17] Voice 4: This meeting is official forum for your local trust committee

[0:01:20] Voice 4: and to make decisions about land use planning matters

[0:01:24] Voice 4: and discuss relevant business.

[0:01:26] Voice 4: business. So we have an agenda before us, five applications. Does anybody have any additions

[0:01:33] Voice 4: to the agenda?

[0:01:35] Voice 5: I was curious about the correspondence that came through regarding the APC and if we needed

[0:01:48] Voice 5: to have an in-camera chat at the end of it, because I don't think it's actually on the

[0:01:55] Voice 5: agenda.

[0:01:57] Voice 5: Okay, Platter-Smith.

[0:01:58] Voice 10: Yes, so there's been three things that have been brought to my attention

[0:02:03] Voice 10: to potentially add to the agenda.

[0:02:05] Voice 10: One is Trustee Morrison's request to consider funding

[0:02:10] Voice 10: for registration of the AVIC conference.

[0:02:13] Voice 10: You can add that to the end of your agenda.

[0:02:16] Voice 10: There is the consideration of your APC appointment,

[0:02:20] Voice 10: which you can go in camera for.

[0:02:22] Voice 10: There's an agenda package in your email for that.

[0:02:27] Voice 10: and if you want to briefly talk about a fire management CIM we can do that and it might be

[0:02:33] Voice 10: useful to talk about your meeting after April is a Saturday meeting so it might be useful maybe just

[0:02:41] Voice 10: to think about a topic for that if we're going to talk about housing would probably make the

[0:02:47] Voice 10: most sense but perhaps we can talk about what the structure of that might look like.

[0:02:51] Voice 4: Okay so I guess

[0:02:53] Voice 4: well we'll knock these things one at a time um uh trustees do you want to do the apc um issues

[0:03:01] Voice 4: in camera um you want to defer to the next meeting in

[0:03:04] Trustee Morrison (probable): camera there's already an in-camera thing on

[0:03:07] Trustee Morrison (probable): the in-camera agenda so we'll just do it there i think yeah

[0:03:09] Voice 4: so you're comfortable doing that today

[0:03:12] Voice 4: okay um and then trustee morris and you have your uh discussion about um attending conference um i

[0:03:20] Voice 4: I think that's no problem.

[0:03:21] Voice 4: We can add that at the end, and then we'll pop into the final discussion.

[0:03:25] Voice 4: So if we want to add those things to the, I guess, we don't have a new business, so

[0:03:32] Voice 4: let's make a new business, and we'll just add it after we do the applications, if that

[0:03:41] Voice 4: works okay.

[0:03:41] Voice 4: So by consent, we'll adopt the agenda as amended.

[0:03:46] Voice 4: That's great.

[0:03:48] Voice 4: Minutes.

[0:03:48] Voice 4: I don't know if anybody has anything my only comment was on page pages the end of three

[0:03:56] Voice 4: moving into page four with the town hall and questions a little bit of a formatting

[0:04:04] Voice 4: thing there it starts off and it it pops in comments from regional planning manager Kojima

[0:04:12] Voice 4: and just for for clarity I thought maybe there should just be like a bullet there or something

[0:04:18] Voice 4: because it just looks like a formatting error so to somebody reading it doesn't

[0:04:24] Voice 4: make sense why that promise to Kajima's stuff is indented but then when we go

[0:04:31] Voice 4: down to the next part after mr. Kajima's on page four it said a speaker noted

[0:04:38] Voice 4: that if a community members blah blah blah and it seems like it's a

[0:04:41] Voice 4: continuation of the previous question and so just formatting wise it to me

[0:04:48] Voice 4: there needs to be sort of a bit of a break or or or explaining that it's not the top

[0:04:53] Voice 4: diplomatic court it's another application on schooner away um so i don't know if that's enough

[0:05:00] Voice 4: for the recording secretary to sort of make a couple of formatting changes um but i just i

[0:05:08] Voice 4: thought for clarity it just it it all seemed a little bit blurry and confusing to me

[0:05:14] Voice 4: admittedly i'm easily confused but uh it uh it just it didn't look right to me

[0:05:20] Voice 4: yeah

[0:05:21] Voice 10: so i think we could just uh move all of those paragraphs to the to the margin

[0:05:30] Voice 10: yeah um

[0:05:33] Voice 4: but but um do you do you think or agree that um that that part of speaker noted that if

[0:05:39] Voice 4: you mean i would pass down trees that the context that it should say in in regards to seconder way

[0:05:46] Voice 4: because it seems to roll over

[0:05:49] Voice 4: that it's a plum tree court conversation.

[0:06:03] Voice 4: Anyhow, I'll leave it time to...

[0:06:05] Voice 10: I'm not sure if the speaker...

[0:06:09] Voice 10: Yeah, I think if they were separate paragraphs,

[0:06:11] Voice 10: you could see that then it's moving

[0:06:13] Voice 10: into another town hall topic

[0:06:15] Voice 10: because I don't think that that person referenced

[0:06:18] Voice 10: that property in particular.

[0:06:21] Voice 4: Okay, fair enough.

[0:06:23] Voice 4: I'll leave it to you guys to sort of figure it out.

[0:06:26] Voice 4: It just seemed a little bit confusing to me.

[0:06:31] Voice 4: Does anybody else have any other comments on those minutes?

[0:06:34] Voice 7: No.

[0:06:37] Voice 4: So you're

[0:06:38] Voice 10: okay if we just fix the margins, Chair?

[0:06:41] Voice 4: Yeah.

[0:06:42] Voice 4: So I don't know if we can just adopt them by consent,

[0:06:46] Voice 4: because we're not really making any changes to the minutes,

[0:06:49] Voice 4: just the formatting a little bit, perhaps.

[0:06:51] Voice 4: I'm

[0:06:52] Voice 10: going to guess Emily's probably made the change already.

[0:06:54] Voice 4: Yeah.

[0:06:55] Voice 10: That's good.

[0:06:57] Voice 4: that's what we like

[0:06:58] Voice 4: people who are two steps ahead of us

[0:07:02] Voice 4: alright so

[0:07:03] Voice 4: we'll move on if we're

[0:07:04] Voice 4: consent to our applications

[0:07:06] Voice 4: the first one is

[0:07:08] Voice 4: NPTUP 2024.1

[0:07:11] Voice 4: Landale

[0:07:12] Voice 4: staff report is attached

[0:07:15] Voice 4: so who wants

[0:07:17] Voice 4: to start off on that

[0:07:19] Voice 16: trustee modouts my application

[0:07:22] Voice 16: excellent

[0:07:23] Voice 16: we will let you launch into it

[0:07:26] Voice 16: Okay, thank you. So this is for 4753 Boson Way. And the application is for the renewal of a temporary use permit for short term vacation rental within a 26 meter squared accessory building, and the renewal allow for the STD use to continue in compliance with the land use bylaw.

[0:07:45] Voice 16: So the current TUP was issued in 2021 for three years. Prior to that, a permit was issued in 2016, which was also renewed in 2019.

[0:07:56] Voice 16: So this application is unique, where an accessory building or cabin, as it's being called, is being rented as an STVR, where the property size otherwise would not permit a cottage under zoning.

[0:08:08] Voice 16: The building was originally constructed with a building permit as a temporary dwelling for the owners while they constructed their principal dwelling.

[0:08:17] Voice 16: So the property is 0.32 hectares in size, and the total floor area of all buildings, including the principal, is 135 meters squared.

[0:08:28] Voice 16: The rationale for the renewal is that the STVR use provides an important source of income for the owner.

[0:08:36] Voice 16: and as a renewal there is no notification required to neighbors and the LTC can opt to renew or deny

[0:08:43] Voice 16: the permit but they cannot change any conditions. The only option that they have is to change the

[0:08:49] Voice 16: length of time that the permit would be valid for instance one year two years or three which

[0:08:55] Voice 16: is recommended. So the recommendation on page one from staff is to approve issuance of the

[0:09:00] Voice 16: renewal TUP, 2024.1 Landale for a period of three years. And staff's rationale is that there have

[0:09:07] Voice 16: been no complaints about the STVR since the original TUP was issued in 2016. The accessory

[0:09:14] Voice 16: building and guest capacity of two guests is reasonable. The application meets the TUP guidelines

[0:09:21] Voice 16: for STVRs, with one exception that there's no limit on the number of days of rental in the

[0:09:27] Voice 16: summer months and the permit provides conditions to ensure that the use does not have an unreasonable

[0:09:33] Voice 16: impact on the local area and in the event that it does there is the ability to enforce compliance

[0:09:38] Voice 16: with the tup there's alternative recommendations on the report and i do believe zoe landell

[0:09:46] Voice 16: is here at the meeting um and that's the my summary all

[0:09:52] Voice 4: right um trustees do you have any

[0:09:55] Voice 4: Any questions for the planner or for the applicant?

[0:10:01] Voice 5: I think the only question I had really when looking at this was,

[0:10:12] Voice 5: this is sort of an interesting or unique short-term vacation rental

[0:10:23] Voice 5: in that it would also possibly be really good as a long-term rental

[0:10:29] Voice 5: for somebody that was in the community and if that wasn't was an option in trying to get

[0:10:42] Voice 5: more housing on pender um it i understand uh the like the difference in income that that can

[0:10:54] Voice 5: that can create but with only 30 days in the summer i'm curious if they've looked at what

[0:11:02] Voice 5: what sort of a cost analysis would be to rent it out long-term.

[0:11:08] Voice 5: That'd be the only real question I have about it.

[0:11:10] Voice 5: So that's

[0:11:11] Voice 4: just a question for the applicant.

[0:11:13] Voice 16: Or can I just make one comment, Chair Maude?

[0:11:17] Voice 16: Trustee Campbell, actually, they don't, as it stands,

[0:11:20] Voice 16: they don't have a limitation on the number of days

[0:11:24] Voice 16: because the original application was made prior to

[0:11:29] Voice 16: or in the midst of the TUP review,

[0:11:30] Voice 16: the previous guidelines did not have any limitations on the number of days in the summer.

[0:11:39] Voice 16: Subsequently, through the TUP review process, the trustees put the guideline in for 30 days.

[0:11:44] Voice 16: So what you're doing with this one is it's, as I made my comments and the staff in my summary,

[0:11:50] Voice 16: is that it's just a renewal of the existing permit.

[0:11:53] Voice 16: So there is no limitation on the number of days as it stands.

[0:11:56] Voice 16: Presumably, when they make a new application,

[0:12:00] Voice 16: whenever the new if this is passed whenever that expires that they would be under that condition

[0:12:06] Voice 16: okay and

[0:12:07] Trustee Morrison (probable): phil can you also clarify the restriction of days in the summer even if it does exist it

[0:12:12] Trustee Morrison (probable): doesn't actually impact how many days people can rent during the rest of the year no

[0:12:17] Voice 16: it doesn't um

[0:12:18] Voice 16: there is a actual guideline which states that you can we've never actually i don't think in my

[0:12:24] Voice 16: memory we haven't used that but there's a second guideline which says you can limit the number of

[0:12:29] Voice 16: days generally or the the time frames but um we've i've never seen a tup where that's happened

[0:12:36] Voice 16: because you know in the tup review program or process it was always made clear that it was

[0:12:42] Voice 16: the summer months that were were of concern so that's where that limit was put yeah so the

[0:12:48] Trustee Morrison (probable): question i had for zoe related to that was zoe are you actually getting rentals throughout the

[0:12:53] Trustee Morrison (probable): the year and like how how much just out of curiosity just like how much and when are you

[0:13:01] Trustee Morrison (probable): renting and you're on mute miss zoe just so you know this

[0:13:14] Voice 1: has been a really bad year deb i um i

[0:13:17] Voice 1: have never had as as few rentals as you know i'm getting a few per month and trustee campbell in

[0:13:23] Voice 1: in response to your question about you know rental for the community i my my own house is very small

[0:13:30] Voice 1: it's 830 square feet and when i have family and friends come to stay um sometimes i go to the

[0:13:38] Voice 1: cottage and they have the house you know it's um this is the way that i can i can keep family

[0:13:44] Voice 1: coming here and so it's it's really important to me to to have that okay

[0:13:50] Voice 6: and i

[0:13:53] Trustee Morrison (probable): i will say that this

[0:13:54] Trustee Morrison (probable): this particular property always fascinates me we have to sit down and have tea around this

[0:13:58] Trustee Morrison (probable): sometime because I just have no idea how you manage the zoning the way you did so it's a

[0:14:03] Trustee Morrison (probable): fascinating situation where you actually have zoning for the second residence which is unusual

[0:14:08] Trustee Morrison (probable): in that space yeah I know

[0:14:10] Voice 16: sorry can I I need to clarify that trustee Morrison they she actually

[0:14:16] Voice 16: doesn't or the property doesn't have the appropriate zoning for the second for a cottage

[0:14:22] Voice 16: it it's a technicality but so for instance if they if you denied the permit for tup there's no

[0:14:30] Voice 16: the the enforcement would be um that she would have to render the cottage uninhabitable so it's

[0:14:37] Voice 16: the tup which is actually allowing the use to continue but there's the

[0:14:42] Voice 16: zoning does not allow

[0:14:43] Voice 16: for for that second unit so we so this was initially staff had difficulties with this one

[0:14:49] Voice 16: because well of course there's the individual circumstances um but primarily because it was

[0:14:55] Voice 16: contrary to zoning so

[0:14:57] Trustee Morrison (probable): okay because i thought this one was the one that um had originally gotten crd

[0:15:02] Trustee Morrison (probable): approval for building code it

[0:15:05] Voice 16: does but it does not it they were as i said um it was approved as

[0:15:11] Voice 16: a temporary dwelling which is common so essentially someone can build a temporary building or build a

[0:15:18] Voice 16: building and temporarily occupy it but the condition of the building permit when they come

[0:15:23] Voice 16: to apply for their principal residence is that that has a final inspection it has to be rendered

[0:15:28] Voice 16: uninhabitable

[0:15:28] Trustee Morrison (probable): okay that's different than i understood but so i don't actually have concerns

[0:15:33] Trustee Morrison (probable): with this being a tup like the use is a tup for stvr and it's been

[0:15:37] Trustee Morrison (probable): well managed it's off the road

[0:15:39] Trustee Morrison (probable): it's small it's well organized so i i don't have a problem with it

[0:15:44] Voice 4: okay are there any further

[0:15:46] Voice 4: further questions um if not does somebody want to make the motion sure

[0:15:51] Trustee Morrison (probable): i don't know if i can read it

[0:15:52] Trustee Morrison (probable): here okay that the north pender island local trust committee um approve issuance and renew

[0:15:59] Trustee Morrison (probable): of renewal temporary use permit np tup 2024.1 landale uh for a period of three years

[0:16:08] Trustee Morrison (probable): all

[0:16:09] Voice 4: right secondary trustee campbell all right any further discussion maybe

[0:16:14] Trustee Morrison (probable): just a one comment

[0:16:15] Trustee Morrison (probable): I did have a conversation we'll talk about this later in the meeting but you might not be here

[0:16:18] Trustee Morrison (probable): Zoe so just I would encourage you to get it fire inspected by the fire department they're interested

[0:16:24] Trustee Morrison (probable): in having these to you all the STBRs fire inspected and we may make that more mandatory in the future

[0:16:31] Trustee Morrison (probable): but it would be lovely if you just voluntarily got a fire inspection walkthrough it would be

[0:16:35] Trustee Morrison (probable): helpful for you and safety for you too so

[0:16:37] Voice 1: absolutely yeah

[0:16:39] Trustee Morrison (probable): sounds good thank you all right

[0:16:43] Voice 4: all right um we'll call the question all in favor and that carries congratulations you have three

[0:16:50] Voice 4: more years of thank

[0:16:53] Voice 1: you i really appreciate it

[0:16:55] Voice 4: all right well thank you very much enjoy your morning

[0:16:58] Voice 4: thank you

[0:16:59] Voice 4: all right so we move on uh to our next application um which is mr croker on 2602 harpoon

[0:17:08] Voice 4: Harpoon Road, North Ender, and I believe Phil's back up on deck again.

[0:17:13] Voice 16: Thanks, Chair Ahmad.

[0:17:16] Voice 16: So this application is for 2602 Harpoon Road.

[0:17:20] Voice 16: I think you may have just said that.

[0:17:21] Voice 16: The purpose of the report is to consider a temporary use permit for a short-term vacation rental within a dwelling unit.

[0:17:28] Voice 16: So the application is for a use or that use within an existing eight bedroom, four bathroom, 409 meter square home with a maximum number of guests of 10 and for a maximum of 150 days in the summer months.

[0:17:45] Voice 16: So the STVR use has been permitted since 2018 with a TUP that was renewed in 2021.

[0:17:53] Voice 16: 2021. Under the Local Government Act, TUPs can be issued once for a maximum of three

[0:17:59] Voice 16: years and renewed once for up to three years. Therefore, at this point, the applicants were

[0:18:04] Voice 16: required to make a new application to have that use continue in compliance with the Land

[0:18:09] Voice 16: Use By-law. The initial application in October of last year substantively complied with the

[0:18:15] Voice 16: current TUP guidelines, proposing to limit the number of guests to six, and the number

[0:18:21] Voice 16: of rental days in the summer months to 30. the proposed number of bedrooms was eight the

[0:18:29] Voice 16: application was subsequently amended in january of this year to increase guests to 10 and 150 days

[0:18:35] Voice 16: and eight bedrooms respectively so the applicants have stated that they are requesting the use to

[0:18:41] Voice 16: be grandfathered to allow the same conditions of the use that was permitted with our previous tup

[0:18:47] Voice 16: They have provided the rationale in two letters, one that was attached to the staff report and one that was also received yesterday, and that was forwarded to the LTC.

[0:18:56] Voice 16: The staff report includes a checklist that analyzes the application for consistency with the TUP guidelines and notes that it does not meet those in terms of limiting the number of guests and the number of rental days in the summer.

[0:19:10] Voice 16: and there is a guideline that states that the number of rooms uh sorry of bedrooms can be

[0:19:17] Voice 16: limited and that's presumably to allow a reasonable number relative to the guest capacity and there's

[0:19:23] Voice 16: also some doubt as to whether they meet the guideline for regular owner occupancy particularly

[0:19:28] Voice 16: during the summer months so staff notes that as opposed to being arbitrary the current guidelines

[0:19:34] Voice 16: were arrived at through the ltc's tup project which i spoke to over the previous application

[0:19:39] Voice 16: and they were substantively complete at the time of the previous renewal in 2021 when that was approved.

[0:19:47] Voice 16: The staff report and the meeting record included discussion directed to the applicant on adapting to the guidelines or pursuing a rezoning.

[0:19:56] Voice 16: Further, staff has been consistently of the opinion that if the applicant is not able or willing to meet the guidelines

[0:20:03] Voice 16: and the objectives of the SDVR guidelines in terms of size and intensity of use then they

[0:20:09] Voice 16: should be encouraged to make a rezoning application and be given a reasonable time frame of a year to

[0:20:14] Voice 16: do so. So notification to neighbors was undertaken we received no responses staff recommendations

[0:20:21] Voice 16: on page one of the report are to amend the TUP 2023.6 croaker as shown in attachment nine by

[0:20:31] Voice 16: by amending condition 3G for the maximum number of bedrooms

[0:20:34] Voice 16: that can be used from eight to four,

[0:20:38] Voice 16: amending condition H for the maximum number of guests

[0:20:41] Voice 16: from 10 to six and amending condition I

[0:20:45] Voice 16: for the maximum number of days,

[0:20:47] Voice 16: rental days in any calendar year

[0:20:49] Voice 16: from the period of May 1st to September 30th

[0:20:52] Voice 16: from 150 days to 60 days.

[0:20:55] Voice 16: And that the North Kendra Island Local Trust Committee

[0:20:58] Voice 16: committee approve draft TUP 2023.6 as amended. So that recommendation is based on the rationale

[0:21:06] Voice 16: that the application as amended and proposed does not conform to the TUP guidelines for

[0:21:13] Voice 16: STVRs. The rationale does not acknowledge the overall objectives, sorry, the rationale

[0:21:18] Voice 16: provided by the applicant does not acknowledge the overall objectives of the TUP guidelines

[0:21:27] Voice 16: The proposed amendments would place reasonable limits on the STVR in accordance with other recent TUP applications and allow the use to continue as one that's secondary to a residential use.

[0:21:40] Voice 16: And further, the amended number of bedrooms would provide a reasonable number relative to guests, the number of guests.

[0:21:48] Voice 16: comment on the cumulative impacts of the STR VR from the use from approval of the TVP or that

[0:21:56] Voice 16: they would be reduced given that the ST VR has been in operation for the past six years and as

[0:22:02] Voice 16: with the previous the permit would as amended would provide conditions to ensure that use does

[0:22:07] Voice 16: not have an unreasonable impact so again alternatives have been provided for different

[0:22:12] Voice 16: resolutions at the end of the report and I believe Mark is here Mr. Croker I

[0:22:17] Voice 16: should say and that's my summary okay

[0:22:21] Voice 4: trustees do you have questions for the

[0:22:23] Voice 4: applicant or for the planner on this

[0:22:27] Voice 5: I'm curious about the for my conversation

[0:22:36] Voice 5: I've spoken with Mr. Croker what the possibilities of a rezoning would be

[0:22:46] Voice 5: And it's a fairly unique property. And when you look at the map of where it is and the type of structure that it is, it doesn't really fit. I mean, it was a B&B at one point.

[0:23:06] Voice 5: It doesn't really fit into the ideas where we have tried to limit STVRs based on the idea that it's taking housing out of our potential rental market and monetizing it.

[0:23:22] Voice 5: So it's unique in that it maybe should be considered for a rezoning to allow it to be more of an accommodation type destination.

[0:23:37] Voice 5: I'm not sure. So I would be curious to hear if Mr. Croker was amicable to that idea, but also what sort of challenges off the top might exist.

[0:23:54] Voice 16: uh do you want me to speak to the challenges or sure

[0:23:58] Voice 5: yeah if you know

[0:23:59] Voice 5: already sort of well

[0:24:01] Voice 16: i mean part of the problem is well or the circumstance with this application is that it

[0:24:08] Voice 16: it doesn't it clearly doesn't fit um the guidelines as they've been derived and and

[0:24:15] Voice 16: endorsed by the community so it from staff's perspective it doesn't it doesn't work as an

[0:24:22] Voice 16: stvr with the limitations that have been proposed or or that are guided when it comes to rezoning

[0:24:28] Voice 16: i mean so that's so then you you have to move to the next alternative and if to legalize the use

[0:24:34] Voice 16: as um and mr croker can speak to to his priorities and and the the history of this um and but what

[0:24:44] Voice 16: happens here is is that the use is transformed presumably over the course of 10 20 years um but

[0:24:52] Voice 16: It's become a use that really, as I said, it doesn't meet the guidelines and it doesn't work as an STVR.

[0:25:00] Voice 16: So the next step is to, if they can't limit it or if they're unwilling to limit it, is then the only other legal regorts they have is to go to a rezoning.

[0:25:12] Voice 16: And a rezoning is a lot more, I don't want to say intense, but it's a more involved process.

[0:25:18] Voice 16: of course it's a costly process but what it does is it would presumably the outcome would be that

[0:25:24] Voice 16: they would the land itself not having a temporary use it would have a permanent use on it and that

[0:25:31] Voice 16: may well be what it is now it could well be reduced and that comes through you know the the

[0:25:37] Voice 16: process agency referrals all the things that come into it rezoning so yes it would be challenging

[0:25:43] Voice 16: and I'm not sure how successful it would be.

[0:25:46] Voice 16: That would be speculative of me to say,

[0:25:48] Voice 16: but again, it's a question of how do you legalize this use

[0:25:53] Voice 16: if the uses or if the applicant or the owners

[0:25:57] Voice 16: are not willing to abide by the guidelines

[0:26:00] Voice 16: and have a temporary use carry on.

[0:26:04] Voice 4: Right.

[0:26:04] Voice 4: Okay, I think it's appropriate

[0:26:05] Voice 4: to maybe to have Mr. Croker sort of jump in here

[0:26:08] Voice 4: and sort of bring his perspective to the table.

[0:26:11] Voice 4: uh am

[0:26:13] Voice 8: i am i being heard you're being heard sir okay and is a video camera on i'm not sure

[0:26:20] Voice 8: because i'm we don't

[0:26:21] Voice 4: have video but it's not necessary okay

[0:26:24] Voice 8: um i i do have a video camera so

[0:26:26] Voice 8: not sure why it's not being shared with you but anyway um so if i could maybe uh

[0:26:36] Voice 8: be permitted to speak a bit rambling and I haven't formed an opinion in response to the question

[0:26:44] Voice 8: other than to say I feel that the problem that's being exposed through conversation is that the

[0:26:56] Voice 8: the guidelines were not properly drafted and considered and to say that they had public input

[0:27:02] Voice 8: is maybe an overstatement because certainly we were, as operators, we were never consulted or

[0:27:11] Voice 8: given an opportunity to respond in any formal or informal way to the change in the guidelines.

[0:27:17] Voice 8: I only learned of the change when I made the application. So I think it's unfair to suggest

[0:27:25] Voice 8: that the community has had wide input into the changing guidelines. The effect of the change

[0:27:32] Voice 8: Change in guidelines has meant that short-term

[0:27:36] Voice 8: vacation rental operators like ourselves,

[0:27:39] Voice 8: we are not resident in the dwelling on a permanent basis.

[0:27:43] Voice 8: I live in White Rock.

[0:27:44] Voice 8: We have a property manager.

[0:27:47] Voice 8: I'll use that term loosely.

[0:27:49] Voice 8: They are neighbors of ours.

[0:27:51] Voice 8: They lived five minutes walk away.

[0:27:53] Voice 8: And they've been our property managers for over five years now,

[0:27:57] Voice 8: around five years.

[0:27:58] Voice 8: is very reliable and they they do all the meet and greet and clean up and do whatever is necessary

[0:28:07] Voice 8: to look after our guests but it is still very much a short-term and temporary vacation rental

[0:28:16] Voice 8: this is a this is a family legacy home and if any of you have ever been there perhaps for a

[0:28:23] Voice 8: a tea or some other occasion when when my folks still live there it was a meeting place a gathering

[0:28:31] Voice 8: place for all kinds of social events on the island my parents were active in the farmer's market in

[0:28:39] Voice 8: the church and walking groups and all all kinds of activities and the b&b was an informal

[0:28:47] Voice 8: formal historical use but it was done with a permit because they needed the extra income to

[0:28:54] Voice 8: supplement their ability to live on the island well the reason we initiated short-term vacation

[0:29:01] Voice 8: rentals was due to the fact that mom and dad moved off the island weren't able to stay there because

[0:29:08] Voice 8: of health reasons and and that continues to be the case the income generated is used to support

[0:29:15] Voice 8: the nine thousand dollars a month it costs to take care of mom in a senior's home uh she didn't have

[0:29:22] Voice 8: the ability to access a care facility on a short-term basis and her her needs are such that

[0:29:29] Voice 8: we we need to fund that privately uh family used the home literally every month of the year

[0:29:38] Voice 8: so we're there all the time not physically all the time but we're there every month every few weeks

[0:29:46] Voice 8: and we supplement the the operation of the home by making it available available on vrbo which

[0:29:54] Voice 8: has been a just a an outstanding experience for us and for the guest

[0:30:00] Voice 8: and to suggest in a guideline that you can restrict the number of bedrooms if you've ever

[0:30:07] Voice 8: been in this house there's no way of locking off bedrooms it's it's absurd the house the house was

[0:30:14] Voice 8: built with eight bedrooms it can sleep 16 people in separate beds it has four bathrooms it has a

[0:30:21] Voice 8: septic field that is operated uh 100 percent perfectly for the years it's been there

[0:30:28] Voice 8: I pump it out twice a year and it continues to operate as it should.

[0:30:36] Voice 8: And frankly, if we were denied the permit, the house would be consuming more power, more water.

[0:30:43] Voice 8: The roads would be just as busy as if it weren't because, you know, there's more family than we ever have guests.

[0:30:52] Voice 8: Yes. So it seems like there was a blunt instrument used to draft guidelines that don't reflect the needs or the requirements to be able to operate a short-term vacation rental.

[0:31:07] Voice 8: If you've understood how the VRBO system works, which is the platform we use, we have the ability to block off dates, which means that they're not available for a renter to use.

[0:31:22] Voice 8: But our calendar books up literally a year in advance.

[0:31:25] Voice 8: So most of this coming summer, at which point we'll be operating illegally, is full.

[0:31:33] Voice 8: So we didn't know these guidelines were changed and would be changed in the period of time that would commence with the expiry of our permit, which we currently have that expires at the end of March.

[0:31:49] Voice 8: So I guess I'm claiming hardship, but I'm also suggesting that the guidelines weren't drafted in a way that these are not one-size-fits-all operators.

[0:32:06] Voice 8: If you look at them all, there's a range from 11 bedrooms down to two.

[0:32:11] Voice 8: This home has literally got no neighbors.

[0:32:14] Voice 8: The impact on the neighborhood is not measurable.

[0:32:19] Voice 8: I'm not sure what measure you would use to interpret data that would suggest that this has an impact on the neighborhood.

[0:32:28] Voice 8: The only impact is a beneficial one.

[0:32:31] Voice 8: Our guests go to the golf course, they go to the restaurants, they book kayaks, they go frisbee golfing.

[0:32:40] Voice 8: they become contributors to the community because all the merchants that live on the

[0:32:49] Voice 8: income that they make during the summer benefit from our guests being there so

[0:32:55] Voice 8: I guess my rationale is to plead for understanding of the trustees and recognize that

[0:33:03] Voice 8: we've been responsible property owners for over 30 years we don't show up in police reports

[0:33:10] Voice 8: courts. We don't have complaints from the neighbors. And we've demonstrated, and you can

[0:33:17] Voice 8: read if you take the time, there's 90 reviews on our website, our VRBO platform. People rave about

[0:33:26] Voice 8: it because it's a place where they can come with their families. And to restrict this to six

[0:33:32] Voice 8: persons really doesn't make sense. I guess that's all I have to say.

[0:33:38] Voice 8: okay

[0:33:41] Voice 4: thank you very much um trustees can

[0:33:43] Trustee Morrison (probable): i ask a couple quick questions um and might be of the

[0:33:46] Trustee Morrison (probable): planner and or mr croker i'm not sure who can answer this clearly but um so a couple quick

[0:33:52] Trustee Morrison (probable): questions one um i know that the area down there on harpoon road we had had another one recently

[0:34:00] Trustee Morrison (probable): sometime in the last year where there was a lot of letters that came i think that was on harpoon road

[0:34:05] Trustee Morrison (probable): And I'm surprised that there's no notifications for this one.

[0:34:10] Trustee Morrison (probable): Is it because it's a renewal?

[0:34:13] Voice 16: Sorry, Trustee Morrison, we sent out notification.

[0:34:17] Voice 16: We didn't receive any response.

[0:34:19] Trustee Morrison (probable): So that sort of weighs in favor of this application from the perspective of neighbors are not concerned about this one.

[0:34:26] Trustee Morrison (probable): Because there was one down on Harpoon Road that was very complicated from the neighbor's perspective.

[0:34:31] Trustee Morrison (probable): perspective um and so that's one of the considerations in the guidelines um just to

[0:34:36] Trustee Morrison (probable): make sure that neighbors are sort of aware and then like you know in line with this um is there

[0:34:42] Trustee Morrison (probable): still two other i i know it's in the package sorry but off the top of my head i can't remember is it

[0:34:47] Trustee Morrison (probable): was there three at the end of harpoon road it's

[0:34:50] Voice 16: not there's one other one on harpoon road which

[0:34:53] Voice 16: is uh closer to the intersection um and then it's one over which i believe is the extension of

[0:34:59] Voice 16: schooner road sorry i'm just going to look at the um the there is a map the tup map excuse me

[0:35:08] Voice 16: um two seconds okay

[0:35:11] Trustee Morrison (probable): and i can i'll hunt that oh i see it i see it here yeah

[0:35:14] Voice 16: so yeah there's three

[0:35:16] Voice 16: at the end of um sorry yeah

[0:35:19] Trustee Morrison (probable): two in that area i think

[0:35:21] Voice 16: okay

[0:35:22] Trustee Morrison (probable): so that's helpful to understand um

[0:35:24] Trustee Morrison (probable): so and just maybe to to share a little bit of the background since i was involved in the revision

[0:35:29] Trustee Morrison (probable): of the stvr guidelines um so they there was quite a bit of community input and one of the reasons

[0:35:37] Trustee Morrison (probable): for shifting the guidelines slightly was around water conservation and fire safety which were

[0:35:41] Trustee Morrison (probable): named as issues of concern for neighbors because there had been um not yours per se but other stvrs

[0:35:49] Trustee Morrison (probable): that there were some concerns around those issues so we one of the things we changed was um asking

[0:35:54] Trustee Morrison (probable): for water monitoring data so we could understand what the as you renew to collect your just water

[0:36:01] Trustee Morrison (probable): usage data so we understand if there really is an impact or not because we basically are operating

[0:36:06] Trustee Morrison (probable): in a lack of information so that was one of the issues that we asked people just to collect

[0:36:11] Trustee Morrison (probable): information on their water usage in stvrs the reduction on the number of folks in the summer

[0:36:19] Trustee Morrison (probable): was a concern that we were sort of starting to lose the neighborhoodly feel in certain places

[0:36:26] Trustee Morrison (probable): because of so many visitor transitions and we weren't having residents come in the summer

[0:36:31] Trustee Morrison (probable): necessarily as much so limiting the days was also to just to improve the relationship with

[0:36:36] Trustee Morrison (probable): neighbors by having people present uh who live there that was part of the issue too

[0:36:41] Trustee Morrison (probable): um because people don't want to live in a hotel zone and magic lake is you know like if there's

[0:36:48] Trustee Morrison (probable): too many stvrs in high density that was the concern so just to understand what some of those

[0:36:53] Trustee Morrison (probable): concerns were for people um i understand what you're saying and thank you for your letter

[0:36:59] Trustee Morrison (probable): like in terms of your booking ahead challenge that you're facing um so i guess i haven't heard yet

[0:37:07] Trustee Morrison (probable): if you're booked that heavily that is operating more as an investment property related to

[0:37:13] Trustee Morrison (probable): income generation which you know you're you're naming to some degree to offset your mom's

[0:37:17] Trustee Morrison (probable): concerns can you just speak directly to the question around rezoning consideration of

[0:37:23] Trustee Morrison (probable): rezoning um would you consider rezoning like if we give you a year on a permit to kind of

[0:37:28] Trustee Morrison (probable): get your house in order um would you consider rezoning the property i

[0:37:33] Voice 8: feel badly that you

[0:37:34] Voice 8: can't see me because i always feel i used to

[0:37:38] Voice 8: business so i i appreciate the the voice the

[0:37:42] Voice 8: The audio and I also appreciate the visual ability to communicate with people.

[0:37:47] Voice 8: So you can't see me, but I can see you asking the question.

[0:37:50] Voice 8: So in a past life, I spent a lot of time involved in understanding the rezoning process because I was involved in extensively in rezoning projects in the district of Surrey in a past life.

[0:38:06] Voice 8: So I can tell you with great conviction that I can't imagine a planning rationale that would justify a commercial use as an individual home that was designed and built as a legacy property.

[0:38:26] Voice 8: To consider this a commercial use just makes no sense to me at all.

[0:38:32] Voice 8: And I think it would be a great offense to the neighborhood, and I can't imagine approaching my neighbors with a straight face and saying that this is a good idea.

[0:38:43] Voice 8: You folks as trustees have the ultimate ability to regulate and control with the temporary use permit you currently have.

[0:38:52] Voice 8: Just work with the guidelines in such a way that you can use them to facilitate all of the applicants that are being put forward for temporary use and design the guidelines so that you can adapt.

[0:39:08] Voice 8: because clearly a 16 bedroom house that was built as a 16 bedroom house 16 bed house I'm sorry eight

[0:39:18] Voice 8: bedrooms and 16 beds it was designed for multi multi-generational families who can live on both

[0:39:27] Voice 8: floors there's one kitchen there's six bedrooms downstairs and two bedrooms upstairs so the

[0:39:34] Voice 8: The grandparents are upstairs.

[0:39:35] Voice 8: The kids and grandkids are downstairs.

[0:39:38] Voice 8: And if you saw the home, you would understand this is not a commercial establishment.

[0:39:43] Voice 8: It's a house.

[0:39:44] Voice 8: Just happens to have enough bedrooms so that you can have a multi-generational family come and stay there.

[0:39:50] Voice 8: We have no neighbors.

[0:39:52] Voice 8: There are literally no neighbors within eyesight of this house or within audible connection with the house.

[0:40:01] Voice 8: it you don't even know it exists because there's a 300 foot driveway when you come to the end of

[0:40:07] Voice 8: harpoon road there's a small sign but

[0:40:10] Voice 15: you

[0:40:11] Voice 8: would have no idea that there's a house there yeah so

[0:40:15] Voice 8: i i just i just wish you would have had the time to come and see the home and understand

[0:40:22] Voice 8: what i'm talking about because i

[0:40:25] Trustee Morrison (probable): am actually familiar with the house so um so it's not that

[0:40:29] Trustee Morrison (probable): The issue is that the STVR guidelines are really meant not to be as a full-on commercial

[0:40:36] Trustee Morrison (probable): operation because STVRs don't have to pay the accommodation tax.

[0:40:40] Trustee Morrison (probable): And there is a bit of an issue with if you're having a high level of use that you're getting

[0:40:46] Trustee Morrison (probable): essentially a commercial advantage to anybody else who has a commercial business on the

[0:40:50] Trustee Morrison (probable): island as well.

[0:40:51] Trustee Morrison (probable): So commercial businesses also weighed in on the STVR guidelines.

[0:40:55] Trustee Morrison (probable): lines and part of that is also to make sure that we're you know accommodating multiple dynamics

[0:41:03] Trustee Morrison (probable): across the island um so and the accommodations tax um does actually contribute to things like

[0:41:12] Trustee Morrison (probable): you know tourism sort of resources and trails we

[0:41:16] Voice 8: are paying the accommodation tax

[0:41:18] Voice 8: charges it to the to the clients when they book so we're paying a fair share

[0:41:24] Voice 8: I know

[0:41:25] Voice 8: Leslie Kerfoot really well.

[0:41:28] Voice 8: She thinks

[0:41:29] Voice 8: she's been at our house.

[0:41:30] Voice 8: I've been at her house.

[0:41:31] Voice 8: She thinks we're doing a great job.

[0:41:33] Voice 8: It's a mutually beneficial.

[0:41:35] Voice 8: There aren't enough opportunities for people to visit Pender Island.

[0:41:41] Voice 8: It's in no stretch of the imagination are we oversupplied.

[0:41:46] Voice 8: And no, we're not operating commercial use because we use it every month as a family.

[0:41:53] Voice 8: i i really strongly disagree that this is a commercial operation it's it's nothing of the

[0:42:00] Voice 8: kind and and the costs are considerable and they include uh full-time staff that clean it

[0:42:07] Voice 8: and the income goes to support my mother's ongoing care needs so um it's not a it's not

[0:42:17] Voice 8: a commercial enterprise and whoever buys it at some point in the future will will undoubtedly

[0:42:24] Voice 8: appreciate it for what it is probably one of the most unique properties on pender island

[0:42:36] Voice 4: okay thank you um trustee camel anything to sort of jump in on no

[0:42:41] Voice 5: uh no i got i guess i'm

[0:42:42] Voice 5: i mean i under stand the reasoning uh for the guidelines and and a lot of the community

[0:42:52] Voice 5: community um feedback that was given i wasn't involved in um in draft crafting what the stvr

[0:43:03] Voice 5: guidelines became but i do know um that i've heard a lot about stvrs and how residents on the island

[0:43:13] Voice 5: feel about them and i guess that was where my brain goes when you start to consider a temporary

[0:43:20] Voice 5: use permit that needs to be renewed in three years or shorter. And the idea behind property

[0:43:30] Voice 5: like this that requires sort of a consideration that so far in any of the applications that I've

[0:43:42] Voice 5: seen is very unique to what this property is it it sort of is the the yeah it's the unit the

[0:43:52] Voice 5: unicorn of of stvr applications that we've seen come forward so to this point and and i i don't

[0:44:00] Voice 5: agree that it needs to be the stvr regulations need to be changed um because there was very

[0:44:09] Voice 5: very specific reasoning for, especially in Magic Lake and the average residence that was having an

[0:44:20] Voice 5: STVR application. And that is where those guidelines have come from. I guess the challenge

[0:44:28] Voice 5: is how do we deal with something that is like this, that is so unique, but also could not be

[0:44:39] Voice 5: be renewed in three years from now under another another term of trustees so the idea the idea of

[0:44:49] Voice 5: pursuing some sort of of uh of solid change for this particular property is interesting but i

[0:44:59] Voice 5: don't know that it can be done by changing what the guidelines are broadly uh yeah i don't know

[0:45:07] Voice 5: know how so

[0:45:08] Voice 8: if i could chime in here i'm respectfully suggesting that um that's why i

[0:45:15] Voice 8: used the word grandfathering um i'm happy to i would be grateful if i was uh granted

[0:45:22] Voice 8: the privilege of a three-year renewal and that i face this uh group of trustees or another group

[0:45:31] Voice 8: three years from now because you're going to hold my feet to the fire whether we whether we've

[0:45:36] Voice 8: deviated from the past 25 years of how we've taken care of and operated the home and there's nothing

[0:45:46] Voice 8: we've done to suggest that we that we should be penalized or punished by your guidelines

[0:45:53] Voice 8: thank

[0:45:54] Trustee Morrison (probable): you um so i think there there is some interesting situations here i'm really happy

[0:46:00] Trustee Morrison (probable): to hear you're paying the accommodations tax because that was an issue raised across the

[0:46:04] Trustee Morrison (probable): island um so that's really good to hear um the fact that you have no letters against you speaks

[0:46:12] Trustee Morrison (probable): for volumes because we usually get like negative letters um if people are upset about things in

[0:46:19] Trustee Morrison (probable): the community so that's really like beneficial to you well there's a reason

[0:46:24] Voice 8: for it we're friends

[0:46:27] Trustee Morrison (probable): mr croker if i can just finish i just want to make sure that i can just have the conversation

[0:46:32] Trustee Morrison (probable): also with trustee campbell so i did he read all your letters and your details and really am

[0:46:37] Trustee Morrison (probable): considering it all so um so i like from that point of view aaron i do think that like it could be as

[0:46:45] Trustee Morrison (probable): a unique situation and trustee um or sorry planner testimony like i know that we can deviate from our

[0:46:53] Trustee Morrison (probable): own guidelines if we want to um and there's reasons why we don't generally want to do that

[0:46:58] Trustee Morrison (probable): because we want the rules to be clear as people come into the the effort and are doing this type

[0:47:03] Trustee Morrison (probable): of work um but we the the issue of zoning or rezoning it's an interesting thing because

[0:47:10] Trustee Morrison (probable): you know i don't know if a rezoning would be successful in this area because of the nature

[0:47:16] Trustee Morrison (probable): of magic lake and um if that's even something that you know folks in that region want to consider

[0:47:22] Trustee Morrison (probable): litter um and it's also you know the tup program is really meant to do these sort of temporary uses

[0:47:29] Trustee Morrison (probable): and capture that kind of activity and you know monitor it in a way that makes everybody like

[0:47:34] Trustee Morrison (probable): aware and like okay with it um but at the same time you know uh not change permanent use right

[0:47:44] Trustee Morrison (probable): like that's the goal of it um so yeah like i i'm a mixed minds about this because i hate to like

[0:47:51] Trustee Morrison (probable): go against the regulations that we've worked to establish for the community but i do always think

[0:47:56] Trustee Morrison (probable): that there is like the wise move to like adjust as needed in a specific situation can

[0:48:02] Voice 16: i speak to

[0:48:02] Voice 16: that i think that was directed at me so you have complete discretion here um with a temporary use

[0:48:09] Voice 16: permit so and you can put any conditions into a temporary use permit you want what you have is a

[0:48:15] Voice 16: set of guidelines again that we've all spoken to that they were derived through uh community

[0:48:21] Voice 16: process um and those are the measures that we use when we talk to the applicant with mr croker

[0:48:28] Voice 16: what i did was encourage a reasonable compromise um i didn't receive any feedback on that so

[0:48:37] Voice 16: um what i was suggesting to him was that maybe there was an in-between place i don't know so

[0:48:43] Voice 16: So where we're at with this is we're left with, yes, you're right, there has been no responses to the notification.

[0:48:53] Voice 16: I'm not questioning anything Mr. Croker says in terms of, you know, how good the use is or how they've been good stewards or good neighbors.

[0:49:01] Voice 16: But, you know, as staff, we use the guidelines and we use past applications, relative applications to make our recommendations.

[0:49:11] Voice 16: And that's how those have been arrived at.

[0:49:13] Voice 16: So, yeah, but to the point of whether the rezoning would be successful or not, of course, that's, that's completely contingent upon all of the inputs that come with the rezoning. And, you know, again, it's, there's a lot of what ifs with that. And it does sound like legitimately, maybe that's not the law, you know, this property may not be in with this family for long term. And that's where TUP is very suitable.

[0:49:39] Voice 16: So the next owner, as Mr. Croker pointed out, may just want to adopt it as a home and use it from that moving forward.

[0:49:47] Voice 16: So, again, the staff report is structured to provide a reasonable compromise.

[0:49:53] Voice 16: It's relative

[0:49:54] Voice 16: to another use, which was the O'Malley use, which was actually for more guests, but they came back and they made a proposal for more restricted days of use, et cetera.

[0:50:07] Voice 16: So, that's one example that we gave in the report.

[0:50:10] Voice 16: Thank

[0:50:11] Voice 5: you for that.

[0:50:12] Voice 16: Just,

[0:50:13] Voice 5: yeah, just to, I'm not, I'm actually, I'm for granting this as a grandfathered thing.

[0:50:23] Voice 5: I don't want it to seem like I'm against there being a temporary use permit.

[0:50:28] Voice 5: I just, I dislike the idea of putting residents in the position where they continually have to come back with the possibility of losing the ability to do what they have built a business around if that's the direction that it's going.

[0:50:46] Voice 5: So to hear that that's not necessarily a desirable thing, that's fine.

[0:50:53] Voice 5: I just wanted to know what the, like, sort of what are the options?

[0:50:56] Voice 5: How do we make this something where Mr. Croker doesn't have to come back to us again and again and again if this is going to be something that operates this way for long term?

[0:51:08] Voice 5: To Planner Testimony's point, maybe it doesn't, and so just using the temporary use permit is fine, and I'm okay with that.

[0:51:18] Voice 5: I just wanted to know kind of what the options and is this an amicable idea, and it doesn't sound like it is.

[0:51:24] Voice 5: i

[0:51:25] Voice 8: hope we're not talking across purposes i i really believe that temporary use permit is the

[0:51:32] Voice 8: right tool and i'm happy and i'm grateful if you consider a renewal but not a renewal in this case

[0:51:40] Voice 8: a new permit however with careful consideration being given to the to leaving the conditions as

[0:51:52] Voice 8: as they were, which is the 10 guests

[0:51:55] Voice 8: and the unrestricted number of days.

[0:51:58] Voice 8: Because honestly, most of our bookings occur

[0:52:02] Voice 8: during the months of June, July, August, and September.

[0:52:07] Voice 8: And we have families that have been coming

[0:52:09] Voice 8: literally 10 years, and they buy plane tickets,

[0:52:13] Voice 8: they make holiday plans based around the family

[0:52:17] Voice 8: getting together in one place at one time.

[0:52:20] Voice 8: And if we had to cancel all those bookings, it would really be a shame and it would be disruptive for us in terms of our income because it doesn't work with the 30-day restriction on the summer months.

[0:52:39] Voice 8: and and honestly you know if we had if we had 10 guests there and they each arrived

[0:52:45] Voice 8: three in a car you know the traffic impact is is not measurable even if we had the place fully

[0:52:53] Voice 8: booked for the entire duration and um respectfully deb you commented about water usage and and

[0:53:03] Voice 8: And hydro usage. So we have an electric heat pump.

[0:53:06] Voice 8: So the electric usage is the same whether there's 12 people in the house or two people in the house in the summertime.

[0:53:16] Voice 8: In the wintertime, of course, we're consuming electricity to heat the home.

[0:53:22] Voice 8: But we heat the home whether there's people in it or not, just because we don't want the pipes to freeze.

[0:53:28] Voice 8: and the water usage is a fair question but I would respectfully submit that when the family's there

[0:53:38] Voice 8: we use more water than when there are guests there because literally the house is full so

[0:53:44] Voice 8: I don't feel like it's a big impact and probably a positive one in the sense that

[0:53:53] Voice 8: guests are are not there in the same numbers as we are when we're there with family

[0:53:58] Voice 8: all

[0:54:01] Trustee Morrison (probable): right so if it would be okay trustee mod i think we just need to have a discussion between

[0:54:06] Trustee Morrison (probable): trustee campbell and i and just figure out which way we want to go absolutely

[0:54:10] Voice 7: and

[0:54:11] Trustee Morrison (probable): uh thank you very

[0:54:12] Trustee Morrison (probable): much mr croker for your comments and your discussion it's super helpful just to understand

[0:54:16] Trustee Morrison (probable): the situation um so trustee thoughts on what you want to do well

[0:54:24] Voice 7: i've

[0:54:25] Voice 5: i don't really i guess i don't

[0:54:32] Voice 5: really understand the other options aspect of it um so

[0:54:38] Trustee Morrison (probable): we have a recommendation at the top which

[0:54:41] Trustee Morrison (probable): is the limiting recommendation we could choose to reissue the permit as it has been before

[0:54:46] Trustee Morrison (probable): that would be an alternative uh recommendation right so instead of altering the permit as the

[0:54:52] Trustee Morrison (probable): existing recommendation is we could say we um go ahead and approve the issuance of the permit as

[0:54:58] Trustee Morrison (probable): it stood before uh or some between well

[0:55:02] Voice 5: i guess in in my in my mind and and i um hearing from

[0:55:09] Voice 5: mr croker about like not not knowing the the changes i don't know how we go about making

[0:55:19] Voice 5: sure that people understand that rules have rules have changed and adjust then adjust out

[0:55:26] Voice 5: uh what their bookings and and whatnot are yeah that's a tricky um it that so that i would lean

[0:55:33] Voice 5: and and knowing that how a business like this works um from my own experiences i would lean

[0:55:40] Voice 5: towards reissuing it with the same conditions that it had before but i feel like um at at some

[0:55:50] Voice 5: some point in the future there is the need to um move some of these things away from being

[0:55:59] Voice 5: run essentially as a commercial entity whether it is that whether that's the idea or not when

[0:56:07] Voice 5: you have that many bookings in a year you are running a commercial entity and you are paying

[0:56:14] Voice 5: the the tax on that as a commercial entity being run in a residential area so at some point it has

[0:56:24] Voice 5: to be addressed i just i don't know how we get there without it deeply affecting uh their ability

[0:56:34] Voice 5: to run it and or without it basically being so unique that it that it is it is its own thing

[0:56:43] Voice 5: all on its own

[0:56:44] Voice 7: um

[0:56:45] Voice 5: yeah um

[0:56:48] Voice 16: could i just sorry make one comment with regards to one of the things

[0:56:51] Voice 16: trustee campbell made um the notion uh mr croker stated that he was unaware of any changes to the

[0:56:58] Voice 16: guidelines when he made this application he may want to clarify this but i could read from the 2021

[0:57:04] Voice 16: application which completely lays out the stvr program and that it actually states that he was

[0:57:11] Voice 16: made aware of the changes that were coming and the the minutes read that this whole discussion

[0:57:17] Voice 16: that we're having right now about the changing guidelines or the change guidelines is part of

[0:57:21] Voice 16: that meeting minutes those meeting minutes so i'm sorry but to say that he was unaware of the

[0:57:27] Voice 16: changing guidelines when the direction to him and the the information that was given to him was that

[0:57:32] Voice 16: they were changing and that um actually i believe the discussion was that this gives you a lot of

[0:57:37] Voice 16: time to adjust to the guidelines um when the when this the last permit was renewed i i have to make

[0:57:43] Voice 16: that statement sorry and he may want to speak to that but um

[0:57:48] Trustee Morrison (probable): so so just one other thing to throw

[0:57:51] Trustee Morrison (probable): on the table one of the ways to adjust for this year is to issue a one-year permit with a renewal

[0:57:56] Trustee Morrison (probable): to come back or just to redo a permit in a year come back and say you have a year to because it's

[0:58:03] Trustee Morrison (probable): a year booking ahead. So give them the permit as it stood for a year, and then you'd have to

[0:58:08] Trustee Morrison (probable): reapply for a new permit under the existing guidelines, if that's what we think. I think

[0:58:14] Trustee Morrison (probable): what we need to make a decision about today, which would provide some certainty for Mr. Cooper, is

[0:58:18] Trustee Morrison (probable): are we actually, like as our LTC anyway, he can only get certainty from us, right? But as our LTC,

[0:58:25] Trustee Morrison (probable): are we actually thinking of this property as different than the guidelines? Or are we actually

[0:58:30] Trustee Morrison (probable): thinking of this property as it needs to be brought into the existing guidelines right and

[0:58:35] Trustee Morrison (probable): i think we need clarity for ourselves on that before mr croker adds anything to the conversation

[0:58:40] Trustee Morrison (probable): because that's kind of the crux of the issue i think to some degree yeah

[0:58:45] Voice 5: and and from what i see

[0:58:48] Voice 5: of it i i do i do think that it is unique in what in in what it is um so i would lean i would lean

[0:58:59] Voice 5: towards it it being uh being unique and an extension of what of how it has been operated

[0:59:07] Voice 5: to your point there has been no complaints there has been no um letters of opposition

[0:59:14] Voice 5: um it doesn't seem to be negatively impacting anybody um so you know i'm i'm okay with that

[0:59:23] Voice 5: I just don't want to put ourselves in a position where we're having to reconsider every SDVR

[0:59:34] Voice 5: application that comes forward no and

[0:59:37] Trustee Morrison (probable): a couple clarifications sorry sorry Aaron no

[0:59:40] Voice 5: no that that's

[0:59:41] Voice 5: all I have

[0:59:41] Trustee Morrison (probable): yeah and a couple clarifications about some of the language so one TUPs are discretionary

[0:59:47] Trustee Morrison (probable): like we we can make decisions based on what we think is like there is so much variation in the

[0:59:52] Trustee Morrison (probable): the housing that was built in magic lake so we do have to be a little bit flexible um also there

[0:59:58] Trustee Morrison (probable): isn't really anything

[1:00:00] Trustee Morrison (probable): the grandfathering idea, I understand why it's coming up as language, but it's not actually a

[1:00:04] Trustee Morrison (probable): thing when it comes to TUPs. TUPs are, each time a TUP is renewed, the decision can be made. And

[1:00:10] Trustee Morrison (probable): so the history is helpful to understand it because it helps us understand if it's been

[1:00:14] Trustee Morrison (probable): operating without conflict, which is kind of core from my perspective for the community.

[1:00:21] Trustee Morrison (probable): But it isn't actually a situation where it's really a thing. Like a shed can be grandfathered

[1:00:28] Trustee Morrison (probable): potentially but not a tup so um so from my perspective the things that i'm thinking about

[1:00:34] Trustee Morrison (probable): and like how to decide what to do are is it a conflict for the community would it be alternative

[1:00:39] Trustee Morrison (probable): housing like is it is it like alter you know pulling out housing stock that we need this is

[1:00:44] Trustee Morrison (probable): actually a situation where families using it they have a long history with the island they're part

[1:00:48] Trustee Morrison (probable): of the community to some degree so that's not really applying it's not really in conflict is

[1:00:53] Trustee Morrison (probable): Is it a massive water sock in a way that's different than if it was being used normally?

[1:00:58] Trustee Morrison (probable): You know, we just don't have data yet because we haven't collected it on this property.

[1:01:02] Trustee Morrison (probable): So part of the TUP, it can't be the same TUP can't be issued as before because we do need them to collect water information.

[1:01:09] Trustee Morrison (probable): We're just doing it on all TUPs so we actually can answer that question next time it comes through.

[1:01:14] Trustee Morrison (probable): So we need that information.

[1:01:16] Trustee Morrison (probable): And then, and not energy, we just need water.

[1:01:20] Trustee Morrison (probable): Water is the issue.

[1:01:21] Trustee Morrison (probable): issue and so that's the care and then um yeah those and is it a fire risk like is there good

[1:01:29] Trustee Morrison (probable): fire information provided with it so that people are like appropriate and the way that they're

[1:01:33] Trustee Morrison (probable): doing it sounds like it seems reasonable so i don't have any concerns about that i do think

[1:01:39] Trustee Morrison (probable): that we can't just approve the tup as it was because i don't know and phil you could clarify

[1:01:46] Trustee Morrison (probable): this but I don't think it it included the the um the prior thing wouldn't have included the

[1:01:53] Trustee Morrison (probable): stuff about you have to provide water measurement so

[1:01:55] Voice 16: so what you have in front of you is um so you

[1:01:59] Voice 16: have the the TUP draft TUP that was attached was as it was applied for so that is yeah it does have

[1:02:07] Voice 16: all of the conditions

[1:02:07] Voice 1: that are

[1:02:08] Voice 16: in the new conditions so it's essentially a new permit

[1:02:11] Voice 16: it but it does it does it includes like so the number of bedrooms that was requested the number

[1:02:19] Voice 16: of guests that was requested and the number of days that was requested so yeah it that's what

[1:02:24] Voice 16: you'd be approving if you didn't want to change anything in it yeah so so

[1:02:30] Trustee Morrison (probable): I'm actually somewhat

[1:02:31] Trustee Morrison (probable): for approving it in the way it was requested in this situation and I know that seems very

[1:02:37] Trustee Morrison (probable): contrary to our guidelines but it's a unique situation and it is a bit of a unique property

[1:02:43] Trustee Morrison (probable): and you know when it comes up for renewal in three years if we have a bunch of letters that

[1:02:47] Trustee Morrison (probable): go with it with people choked about it well then that's fair and it has to be considered differently

[1:02:52] Trustee Morrison (probable): then if

[1:02:54] Voice 8: i could chime in on the topics you've raised uh deb i am happy to comply with the

[1:03:01] Voice 8: water usage question that's been raised and it was raised by Phil in the process so to be fair

[1:03:09] Voice 8: I wasn't able to determine whether I could get historical information from the water utility

[1:03:16] Voice 8: and I will endeavor to do that and I'll provide I'm happy to provide as much historical water

[1:03:22] Voice 8: usage data as would be available to me through the online system so I can forward that to Phil

[1:03:29] Voice 8: as just as a follow-up and secondly to say that i've i've spent 27 years in the fire protection

[1:03:37] Voice 8: business uh operating a helicopter company that fights forest fires all across canada

[1:03:43] Voice 8: and if there was anybody concerned about fire risk on this property it's me and we every year

[1:03:51] Voice 8: we spend hours and hours um walking the property and making sure that all the deadfall is removed

[1:03:58] Voice 8: moved and we we reduce the fire risk to the extent that it's humanly possible to do

[1:04:07] Voice 8: and so and we post notices and we have fire extinguishers all over the property so that

[1:04:14] Voice 8: people know where they are and can use them the last thing we would ever want to see is a fire

[1:04:19] Voice 8: on pender island

[1:04:20] Trustee Morrison (probable): and see this is the difference for me um and one of the reasons why i feel okay

[1:04:27] Trustee Morrison (probable): about altering our sort of guideline norms in this situation is we're talking here about a

[1:04:33] Trustee Morrison (probable): family that has history with the community and is like very much part of the community and the

[1:04:38] Trustee Morrison (probable): reason that the guidelines are drafted and i would not want to open up that can of worms again

[1:04:42] Trustee Morrison (probable): so the reason the guidelines are drafted the way they are is to help us reduce risk of investment

[1:04:47] Trustee Morrison (probable): people coming into the island new buying up properties taking them out of housing stock

[1:04:52] Trustee Morrison (probable): and doing this with them that's not what we're seeing here really what we're so i'm feeling fine

[1:04:59] Trustee Morrison (probable): about going ahead with the permit and so uh phil would have to help me with the wording around that

[1:05:05] Trustee Morrison (probable): maybe it's i

[1:05:05] Voice 5: was just trying to look and see if that was in the yep it's

[1:05:10] Voice 16: it's there it you just

[1:05:11] Voice 16: um approve the permit as draft as as a drafted so

[1:05:15] Trustee Morrison (probable): requested or as drafted no

[1:05:17] Voice 16: as drafted or

[1:05:18] Voice 16: or yeah

[1:05:19] Trustee Morrison (probable): actually

[1:05:22] Voice 16: it's just a very straightforward resolution so that you'd be approving

[1:05:27] Voice 16: just approve the tup that's all i mean okay yeah yeah sorry if you don't even say you don't even

[1:05:35] Voice 16: have to say it's drafted so okay

[1:05:36] Trustee Morrison (probable): so trustee campbell if do you have any other concerns or

[1:05:41] Trustee Morrison (probable): or do you want to move ahead oh

[1:05:43] Voice 7: yeah and

[1:05:45] Voice 5: okay

[1:05:47] Trustee Morrison (probable): i was

[1:05:48] Voice 5: gonna try and read it but i didn't i couldn't

[1:05:51] Voice 5: find where just um i can find it for you i think

[1:05:55] Trustee Morrison (probable): i can get it off the top of my head i can see a

[1:05:58] Trustee Morrison (probable): version of it but

[1:05:59] Voice 5: recommendation two oh no that's as amended as well no

[1:06:03] Trustee Morrison (probable): there so do we just stop

[1:06:04] Trustee Morrison (probable): after the croaker that's all we do so um that the north pender island local trust committee

[1:06:11] Trustee Morrison (probable): approved draft temporary use permit nptup 2023.6 croaker period that's right yeah

[1:06:18] Voice 4: so okay

[1:06:19] Voice 4: secretary trustee campbell any further discussion i

[1:06:24] Trustee Morrison (probable): would just like it on record that the reason

[1:06:26] Trustee Morrison (probable): that we're approving this is because of the sort of long-standing relationship of the family with

[1:06:31] Trustee Morrison (probable): community because people are going to wonder why we're going against the guidelines and that

[1:06:37] Trustee Morrison (probable): all of our concerns have been met related to you know no concerns in the

[1:06:43] Trustee Morrison (probable): community and what

[1:06:46] Voice 4: it is yeah

[1:06:47] Trustee Morrison (probable): I

[1:06:48] Voice 4: think that should be no problem for the

[1:06:50] Voice 4: minute taker to put something in there about that and of course appreciating

[1:06:55] Voice 4: the concept that guidelines are guidelines so so you know it is they're

[1:07:01] Voice 4: not hard and fast rules or their structure for us to work towards but you

[1:07:05] Voice 4: you know, deviation is allowed.

[1:07:08] Voice 4: And I think that the reasoning that you've given

[1:07:11] Voice 4: are very solid and very sound.

[1:07:13] Voice 4: So I certainly agree with that.

[1:07:15] Trustee Morrison (probable): And maybe just one other comment.

[1:07:16] Trustee Morrison (probable): I do just want to like thank the planners

[1:07:19] Trustee Morrison (probable): because you are doing what we need you to do.

[1:07:22] Trustee Morrison (probable): So thank you for the work on the report.

[1:07:23] Trustee Morrison (probable): It was great.

[1:07:24] Trustee Morrison (probable): And it really helped me focus in on

[1:07:26] Trustee Morrison (probable): why we're doing what we're doing with the guidance.

[1:07:28] Trustee Morrison (probable): So thank you very much.

[1:07:30] Voice 4: Yeah, thank you.

[1:07:31] Voice 4: Okay, so call the question.

[1:07:32] Voice 4: All in favor?

[1:07:34] Voice 4: That carries.

[1:07:36] Voice 4: All right, Mr. Croker, you're off to the races for another three years.

[1:07:39] Voice 6: Thank you for being here.

[1:07:41] Voice 4: Appreciate the discussion, all of you.

[1:07:44] Voice 4: Thanks.

[1:07:45] Voice 4: Bye-bye.

[1:07:45] Voice 4: And I just ask you to lower your hand because it becomes a little distracting for us.

[1:07:50] Voice 4: Sorry.

[1:07:50] Voice 4: Okay.

[1:07:52] Voice 4: Thank you.

[1:07:52] Voice 4: It doesn't take much.

[1:07:54] Voice 4: Bye-bye.

[1:07:56] Voice 4: Thank you very much.

[1:07:57] Voice 4: All right.

[1:07:57] Voice 4: So we're moving down again with Phil with 5589 Hooson Road.

[1:08:05] Voice 16: Thanks.

[1:08:06] Voice 16: Thanks, Chairman Maud. So this is, I'm not muted. Okay, sorry. This is a development permit application to provide measures for the protection of sensitive ecosystem and construction management for a proposed dwelling within development permit area seven, which is Raptor Ness.

[1:08:22] Voice 16: And more specifically, there are two designated trees on the property, one of which remains viable.

[1:08:29] Voice 16: So the DP provides protection for that viable tree and two subsequently identified perching trees, as well as the interlocking forest canopy and supporting understory and soils.

[1:08:42] Voice 16: So the extent of the proposed development within the DPA is for a site preparation and construction of a 201.8 square meter dwelling within a DPA where approximately 26 square meters would be within the 30 meter zone from one of the two DPA trees on the property.

[1:09:05] Voice 16: and for a portion of a 58.5 meter squared accessory building or three meters squared

[1:09:13] Voice 16: of that which would be within 50 meters of the DPA. It also provides for the removal of 10 trees

[1:09:21] Voice 16: required for the dwelling siting and the removal of dead dying or suppressed Douglas fir up to a

[1:09:27] Voice 16: certain diameter to meet potential fire risk objectives within the DPA. The siting rationale

[1:09:35] Voice 16: was provided by the applicant, and that speaks to the criteria of providing a modest-sized

[1:09:40] Voice 16: dwelling while affording some views, which is constrained by the topography, as well

[1:09:46] Voice 16: as by the need to minimize potential impacts to the sensitive ecosystem, and impacts as

[1:09:55] Voice 16: well from the construction and temporary and ongoing access and servicing of the dwelling.

[1:10:00] Voice 16: So that site or the particular site was selected as it was the least impactful of two flatter bench areas on the property, noting that the property is quite complex and has lots of different topography on it.

[1:10:14] Voice 16: So the application is supported by a comprehensive professional report that was prepared by Keith Erickson, who I believe is with us today to answer questions.

[1:10:25] Voice 16: and it includes a guideline checklist and the report did confirm that there are no currently

[1:10:32] Voice 16: no active or inactive nest sites on the property um but it uh speaking to prior what i said prior

[1:10:40] Voice 16: um that the upper dpa tree one is of reasonable health and remains a viable potential nesting site

[1:10:46] Voice 16: and um lower the lower one uh dpa was identified as dpa tree two is now dead a dead standing

[1:10:56] Voice 16: douglas first snag uh which was blown the top was blown off approximately three to four years ago

[1:11:01] Voice 16: and has no viability uh as for perching for habitat i'm sorry perching habitat for eagles

[1:11:09] Voice 16: ospreys or herons and then as i said two perch trees were identified with one having potential

[1:11:16] Voice 16: as a recruitment tree as using the terminology for a future nest site with given growth of the upper

[1:11:23] Voice 16: limbs. So the impact assessment confirms that there would be no impact to nesting sites and

[1:11:29] Voice 16: that's merely by the absence of any active or inactive nesting sites within the two designated

[1:11:36] Voice 16: DPAs and further that the health of the remaining viable tree and two perching trees will not be

[1:11:42] Voice 16: directly impacted by the development if the recommendations of the biologist report which

[1:11:48] Voice 16: were all included as conditions in the development permit area or development permit as drafted

[1:11:54] Voice 16: were followed so a dpa guideline checklist prepared by staff was is part of the staff report

[1:12:03] Voice 16: and that confirms that all guidelines have been met so staff's recommendation is to approve

[1:12:09] Voice 16: issuance of development permit DP, sorry, North Pender DP 2023.5 Lansdowne, and that is supported

[1:12:18] Voice 16: as the objectives and specific guidelines of the DPA have been met, and all relevant recommendations

[1:12:23] Voice 16: of the biologist's report have been incorporated as conditions, and that implementing and monitoring

[1:12:30] Voice 16: conditions in the DP will ensure the protection of the potential sensitive raptor nest habitat.

[1:12:39] Voice 16: that's my summary thank

[1:12:41] Voice 4: you so trustees we have both the biologists and the applicants um available

[1:12:46] Voice 4: um so do you have any questions about this i

[1:12:52] Voice 5: think i think for myself the only two questions i really

[1:12:57] Voice 5: had uh after reading through the report was to confirm that um the tree the 10 trees that were

[1:13:05] Voice 5: were tagged for removal, won't negatively impact the raptor tree that is potentially

[1:13:19] Voice 5: still there or the ones that could become viable trees.

[1:13:24] Voice 5: And the second question was about the root systems within the excavation site also wouldn't

[1:13:34] Voice 5: be affecting those uh those trees that are set in the dpa so those would be questions for mr erickson

[1:13:43] Voice 4: the biologist and

[1:13:45] Trustee Morrison (probable): i had one other question maybe that they could answer at the same time

[1:13:49] Trustee Morrison (probable): um looking at the topography it's unclear to me why the house couldn't be pulled back out of the

[1:13:55] Trustee Morrison (probable): raptor zone so i would love to understand that okay

[1:14:01] Voice 4: if we could speak to that yes please uh

[1:14:05] Voice 11: Uh, basically, uh, I don't know if, if you had been to the site and seen it, but it's

[1:14:14] Voice 11: the side of a hill, um, with a lot of rock outcroppings and, uh, technically you're absolutely

[1:14:21] Voice 11: right.

[1:14:21] Voice 11: The house could easily be pulled back.

[1:14:23] Voice 11: There are other areas on the lot that the house could be built.

[1:14:26] Voice 11: We're building a garage and a carport.

[1:14:29] Voice 11: Um, but the fundamental nature of it is it's, it's a lot on the side of a hill facing the

[1:14:37] Voice 11: ocean and when you buy a lot like that you have some hopes that you can capitalize a bit on that

[1:14:44] Voice 11: view and because of the shape this uh this particular location i don't know if you can

[1:14:51] Voice 11: see in the biologist report there's a line just to the northeast of the house and that's actually

[1:14:58] Voice 11: to the edge of the of the cliff basically so uh trustee can't um what i asked the question about

[1:15:08] Voice 11: the roots for both trees and keith will speak to this obviously they're way down they're about 12

[1:15:13] Voice 11: meters down below the construction site so there's absolutely no chance of any damage to the critical

[1:15:19] Voice 11: roots onto those trees but also if we pull back from that location any chance of the minor view

[1:15:27] Voice 11: that there is is diminished basically exponentially and even if we slide the house to the southeast

[1:15:34] Voice 11: uh and just pull it out of that critical root zone what you can't see and what isn't apparent

[1:15:39] Voice 11: by the drawings there is there's another rock berm on the southeast corner that would obliterate

[1:15:44] Voice 11: any chance of a view at all from about half the house so it's um you know uh

[1:15:53] Voice 11: I am a huge proponent of the island's trust.

[1:15:56] Voice 11: I believe in the trust itself and I believe in the mandate.

[1:15:59] Voice 11: And I personally don't think there's enough restrictions or teeth,

[1:16:02] Voice 11: but that's another conversation for another time.

[1:16:05] Voice 11: But when you consider the size of the lot and examine what restrictions we

[1:16:12] Voice 11: have with the DPA,

[1:16:14] Voice 11: there is a restrictive covenant because of a steep cliff setbacks,

[1:16:20] Voice 11: contracts other development options required for things like the garage and so forth the amount of

[1:16:25] Voice 11: buildable space on the lot is is actually quite small and in fact we have as indicated there

[1:16:32] Voice 11: where the disposal field is due to the rocky ground some existing decommissioned old logging

[1:16:40] Voice 11: roads and things that's the only place that we found that we could put a septic field on the

[1:16:46] Voice 11: entire property so we're we're just we're really shoehorned in where we can even try and get

[1:16:54] Voice 11: what is literally a sliver of a view basically that's why that's there and and just practical

[1:17:02] Voice 11: concerns of building uh on the topography that we have okay

[1:17:09] Voice 4: thank you um trustees is that enough um

[1:17:11] Voice 4: depth or would you like to hear from mr erickson um

[1:17:19] Trustee Morrison (probable): so that's i totally understand the

[1:17:21] Trustee Morrison (probable): the needs of of home builders in those spaces um there's a another property that's almost

[1:17:29] Trustee Morrison (probable): identical to this with raptor trees up on um the ridge on uh it's down by trincomalee going

[1:17:38] Trustee Morrison (probable): down toward trincomalee can't think of what the road name is right now anyway um yeah two properties

[1:17:43] Trustee Morrison (probable): side by side with this type of raptor zones sitting on the boundary between them and it's

[1:17:50] Trustee Morrison (probable): like one of these dilemmas like anybody who buys that property needs to be well aware that like

[1:17:55] Trustee Morrison (probable): building on that essentially means you're you know back from the raptor trees those are active

[1:18:00] Trustee Morrison (probable): raptor trees so i guess my question for um uh keith is around so the the regulation really

[1:18:10] Trustee Morrison (probable): says that any potential um and it's in the actual report but it's it's about potential

[1:18:18] Trustee Morrison (probable): potential um raptor nests and so not having it active is different from it not being possibly

[1:18:26] Trustee Morrison (probable): active at some point can you speak to that like really specifically and i i read the report i

[1:18:31] Trustee Morrison (probable): understand what you're saying there but it's important just to be really clear on that

[1:18:35] Trustee Morrison (probable): difference and like is it actually a possible raptor's tree and how protected is it from drying

[1:18:43] Trustee Morrison (probable): from everything else if that house is put in there.

[1:18:46] Trustee Morrison (probable): I

[1:18:48] Voice 13: can speak to that.

[1:18:49] Voice 13: Can you guys can hear me?

[1:18:51] Voice 13: We got you.

[1:18:52] Voice 13: Okay.

[1:18:54] Voice 13: So in my opinion, the DPA tree one is a potential raptor nest tree.

[1:19:05] Voice 13: It is an old growth Douglas fir with a large diameter.

[1:19:08] Voice 13: It has a broken top, a blown off top, but still retains large diameter radial branching at the top that could potentially support a large nest like an eagle nest.

[1:19:26] Voice 13: So I feel that it does still retain potential for some future, as a future nesting site.

[1:19:34] Voice 13: I can confirm that there is no nest or remains of a nest in that tree.

[1:19:41] Voice 13: I don't know if there ever was.

[1:19:42] Voice 13: I'm not sure if it has ever been active.

[1:19:47] Voice 13: I do know that, you know, trees can be inactive for decades.

[1:19:53] Voice 13: You can have an eagle nest in a tree and it can be in and then become inactive for decades.

[1:19:57] Voice 13: And then, you know, they can come back many, many years later and reestablish a nest.

[1:20:04] Voice 13: So that is definitely my opinion.

[1:20:06] Voice 13: So in my report, my highest concern was to protect the health of that particular tree.

[1:20:20] Voice 13: And the biggest threat to the health of that tree, I think, is active and ongoing use of the existing driveway that's there.

[1:20:30] Voice 13: um which uh as you can see on the map sort of wraps around um around that tree uh at the property

[1:20:40] Voice 13: line um and so uh my preference which was expressed in an early time to the landowner was to

[1:20:49] Voice 13: to abandon the possibility of building a house at the end of that driveway

[1:21:00] Voice 13: where I would say the natural kind of view site on that property

[1:21:06] Voice 13: is where that existing driveway terminates.

[1:21:09] Voice 13: And so they followed that recommendation and they have a new proposed site.

[1:21:16] Voice 13: and on that site it is on the top of a of a rock outcrop and it that site poses no threat to the

[1:21:28] Voice 13: you know no direct threat threat to the to the health of that dpa tree there's no rooting

[1:21:35] Voice 13: structure of that tree that would you know can go up the bare rock face up to that site so

[1:21:42] Voice 13: So that tree is fully protected and there's a good buffer of forest between the tree and

[1:21:49] Voice 13: the house site as proposed.

[1:21:52] Voice 13: So I feel that the health of that tree is fully protected with this plan or protected

[1:22:02] Voice 13: as much as possible with this proposed plan.

[1:22:08] Trustee Morrison (probable): So thank you very much for that.

[1:22:09] Trustee Morrison (probable): And then I guess the other question I had related to if it does become occupied again

[1:22:13] Trustee Morrison (probable): end which would be awesome actually i had

[1:22:15] Voice 7: uh that'd

[1:22:16] Trustee Morrison (probable): be amazing um but if it does become occupied

[1:22:18] Trustee Morrison (probable): again is the proximity of a house with people in living activity around it a threat to the

[1:22:24] Trustee Morrison (probable): activity in a tree like that yeah

[1:22:27] Voice 13: that that's that's a difficult um that's difficult to answer

[1:22:34] Voice 13: with any kind of certainty whatsoever um what i do know is that um well there's a couple different

[1:22:42] Voice 13: different pieces what i do know is that eagle eagles can establish nests in areas that have

[1:22:48] Voice 13: human activity associated with them um here on galliano island where i reside there's an eagle

[1:22:56] Voice 13: nest at bell house park which is about 25 30 meters away from a a house and a residential

[1:23:02] Voice 13: property and is also surrounded by a public uh you know very very well used public park and that

[1:23:09] Voice 13: nest has been there for decades and has had successful rearing of new eagles year after

[1:23:19] Voice 13: year after year. There's another nest here that's, you know, probably 10 meters away from

[1:23:26] Voice 13: Sturdy's Bay Road where, you know, with ferry traffic moving by every day and that nest has

[1:23:32] Voice 13: also been successful for years and years and years and years. So the primary concern is where you

[1:23:40] Voice 13: have an active nest and then you come in and you create a disturbance

[1:23:47] Voice 13: around that nest and so something changes and then the eagles will often abandon that nest

[1:23:53] Voice 13: as a result of that. So they are adept at nesting in and around human use but they are quite

[1:24:01] Voice 13: sensitive to change in use. So I can't say definitively whether they would pick that nest

[1:24:09] Voice 13: or not with a house there versus without a house there, but I can, you know, share that

[1:24:17] Voice 13: there is certainly a possibility of use of that tree if there is a house there and human activity

[1:24:26] Voice 13: on that property there's also human activity you know within 50 60 meters away from that nest tree

[1:24:32] Voice 13: already um on adjacent lots so that's something else to to consider that it's not um a wild site

[1:24:39] Voice 13: so to speak that's um with a with a brand new use um uh coming in there's sort of existing

[1:24:48] Voice 13: established uh residential use around that site already so those are some those are the

[1:24:54] Voice 13: the considerations I had when I was thinking about that very same question and what to recommend in

[1:25:01] Voice 13: this report.

[1:25:02] Voice 11: Thank you. May I ask Keith if just while we're on that subject if the house was

[1:25:09] Voice 11: moved out of that 30 meter DPA zone for the five meters or so it's obviously not likely to have

[1:25:17] Voice 11: much of an impact in um you know for the sake of that five meters whether or not uh eagles would

[1:25:24] Voice 11: choose or not choose to use that that nesting tree i would i would suppose you know it's not

[1:25:32] Voice 11: a question of whether or not there's a house on the lot at all but if we moved it that five meters

[1:25:36] Voice 11: would it make a would it make any meaningful difference at all to whether or not that nest

[1:25:40] Voice 11: ever became or that tree ever became a nesting tree like is what i'm suggesting

[1:25:43] Voice 13: right i mean

[1:25:44] Voice 13: that that that is a question as i say that i wrestled with when completing this report and

[1:25:49] Voice 13: i i can't give a definitive answer of that it's just no way um however what i did consider was

[1:25:57] Voice 13: um can we retain uh an interlocking forest canopy that provides a buffer from the uh uh human

[1:26:08] Voice 13: human activity that would be associated with that house structure and the net potential nest tree.

[1:26:15] Voice 13: And that is what I focus my recommendations on was ensuring that there was a healthy and intact

[1:26:22] Voice 13: forest canopy, essentially buffering the nest tree from the house. And that is achieved with the

[1:26:30] Voice 13: with the recommendations that I've made.

[1:26:33] Trustee Morrison (probable): Okay, so it does mean that the homeowners will just have

[1:26:37] Trustee Morrison (probable): to maintain that um buff that continuous canopy to maintain the integrity of the raptor zone

[1:26:43] Voice 13: that's my recommendation yeah okay

[1:26:46] Trustee Morrison (probable): thank you trustee campbell any other questions nope that

[1:26:51] Voice 4: was it all right so does somebody want to make a motion that

[1:26:59] Voice 5: the north pender island

[1:27:00] Voice 5: local trust committee approved issuance of development permit npdp 2023.5 lands down

[1:27:07] Voice 5: does

[1:27:08] Voice 4: the morrison seconded okay seconded any further discussion i

[1:27:14] Trustee Morrison (probable): think i i just want to

[1:27:15] Trustee Morrison (probable): have it noted again these are all it's always tricky right because i'm really happy to see

[1:27:19] Trustee Morrison (probable): this permit come forward um and not be like a retroactive issue not be a you know a problem of

[1:27:26] Trustee Morrison (probable): not thinking it through so thank you for the thoughtful accommodations and shifting of

[1:27:31] Trustee Morrison (probable): how you're planning on this property um it is a little bit of attention for me just like i

[1:27:38] Trustee Morrison (probable): I totally get everyone wants to have their views.

[1:27:40] Trustee Morrison (probable): It is a little bit of a tension for me that, you know,

[1:27:43] Trustee Morrison (probable): wildlife comes into this kind of mix in certain ways,

[1:27:47] Trustee Morrison (probable): but I feel like this is a good plan as long as the homeowner keeps the

[1:27:53] Trustee Morrison (probable): integrity of the permit. So yeah, just to keep an eye on that.

[1:27:57] Trustee Morrison (probable): And thank you for working with the biologist to make this work.

[1:28:01] Trustee Morrison (probable): Okay.

[1:28:02] Voice 4: So if there's nothing for the discussion,

[1:28:04] Voice 4: we'll call the question all in favor and that carries. Thank you very much.

[1:28:10] Voice 11: Thank you, ladies and gentlemen.

[1:28:11] Voice 4: Thank you.

[1:28:12] Voice 4: Thank you.

[1:28:13] Voice 4: All right, then we now move on to 377 Evergreen Lane on Sydney Island.

[1:28:20] Voice 4: And it looks like it's the Phil show again.

[1:28:24] Voice 15: Sorry, it's what?

[1:28:25] Voice 15: It's the Phil show.

[1:28:27] Voice 15: Oh, the Phil show.

[1:28:28] Voice 15: Sorry, I thought you said a no show.

[1:28:29] Voice 16: No, and actually, we've just had communication from the applicant, and he's trying to reach the meeting.

[1:28:35] Voice 16: He's just driving right now.

[1:28:38] Voice 16: So he's hopefully going to join us.

[1:28:40] Voice 16: But anyway, it's just to continue. So this is a development permit for 377 Evergreen Lane on Sydney Island, and it's to permit development and land alteration within the Sydney Island geotechnical development permit area, which is on the property.

[1:28:56] Voice 16: and specifically it would allow construction of a dwelling up to 10 meters into the geotechnical

[1:29:03] Voice 16: hazard area B and allow for minimal tree removal based on a submitted geotechnical hazard assessment

[1:29:10] Voice 16: of the site. The application has been made in advance of building permit review and the

[1:29:17] Voice 16: applicants have stated the rationale for the dwelling location is to preserve mature second

[1:29:23] Voice 16: and growth trees on the property, including Arbutus, Douglas fir, and Western cedar on the

[1:29:29] Voice 16: rear of the property to remove some of the over-planted trees to reduce fire hazard and

[1:29:35] Voice 16: promote natural understory growth, and to locate the home in an area conducive to the use of solar

[1:29:41] Voice 16: panels, which is their sole source of, sorry, sole power source, given that there's no electricity

[1:29:48] Voice 16: to see on the island.

[1:29:49] Voice 16: So as I said, that geotechnical hazard assessment

[1:29:52] Voice 16: by RISIC geotechnical was submitted

[1:29:56] Voice 16: and that includes a guidelines checklist.

[1:30:00] Voice 16: which is signed and sealed and a site plan.

[1:30:02] Voice 16: And the report and its recommendations comply

[1:30:05] Voice 16: with all DPA guidelines.

[1:30:07] Voice 16: And that concludes that a single family residence

[1:30:10] Voice 16: can be constructed near the center of the site

[1:30:12] Voice 16: up to 10 meters Southwest

[1:30:14] Voice 16: of the existing geotechnical covenant line

[1:30:18] Voice 16: without being at risk of seismic

[1:30:20] Voice 16: or erosion based slope progression.

[1:30:22] Voice 16: And that they expect the removal of select trees

[1:30:26] Voice 16: within DPA area one sorry B would not result in any significant change to the

[1:30:33] Voice 16: existing slope stability conditions and that's provided that their guidelines

[1:30:37] Voice 16: are followed and again all guidelines of that report with some other guidelines

[1:30:44] Voice 16: were included in the draft DPA and staffs recommendation is to approve

[1:30:51] Voice 16: to approve issuance of the development permit,

[1:30:53] Voice 16: DP 2024.1, Barden, and that is based

[1:30:57] Voice 16: on the professional geotechnical assessment,

[1:31:00] Voice 16: which meets all the relevant objectives

[1:31:02] Voice 16: and guidelines for the DPA,

[1:31:04] Voice 16: and that all recommendations of the assessment

[1:31:06] Voice 16: have been incorporated into the proposed DPA.

[1:31:09] Voice 16: Again, alternatives were provided at the end of the report.

[1:31:12] Voice 16: And that's my short summary.

[1:31:15] Voice 4: Thank you.

[1:31:15] Voice 4: Trustees, any questions?

[1:31:18] Trustee Morrison (probable): No questions.

[1:31:20] Trustee Morrison (probable): This seems very straightforward to me.

[1:31:21] Trustee Morrison (probable): I was deeply interested to see the amount of erosion that's expected in the report.

[1:31:26] Trustee Morrison (probable): It was kind of terrifying.

[1:31:29] Trustee Morrison (probable): But this seems well placed back of that.

[1:31:32] Trustee Morrison (probable): And that's what these geotechnical zones are for, is to get that assessment site specific.

[1:31:35] Trustee Morrison (probable): So I feel fine with that.

[1:31:37] Trustee Morrison (probable): And also, I appreciate the recommendation for leaving the stumps in the ground, because

[1:31:43] Trustee Morrison (probable): that helps stabilize slope too.

[1:31:45] Trustee Morrison (probable): So I have no concerns about this.

[1:31:47] Voice 5: Trustee Campbell?

[1:31:49] Trustee Morrison (probable): I

[1:31:49] Voice 5: have no concerns.

[1:31:50] Voice 5: I do think it at some point would maybe be advantageous to go and have a look

[1:31:54] Voice 5: at what this is. It's the, the,

[1:31:57] Voice 5: we've had Sydney Island pop up a few times now in,

[1:32:01] Voice 5: in sort of my first year of this and different things to consider and,

[1:32:06] Voice 5: and to have a better understanding of what you're actually looking at,

[1:32:09] Voice 5: as opposed to a picture might be, might be advantageous,

[1:32:15] Voice 5: but I have no read the report and I have no real concerns over what this

[1:32:20] Voice 5: specific one is all right

[1:32:22] Voice 4: so somebody want to make a motion yeah

[1:32:24] Trustee Morrison (probable): and actually just can we tag

[1:32:25] Trustee Morrison (probable): that for note maybe um phil or brad just i was thinking about that earlier too with just general

[1:32:31] Trustee Morrison (probable): things across some of the islands because aaron hasn't seen those things to do

[1:32:36] Trustee Morrison (probable): maybe a boat visit this summer at some point um to see if we can just meet with the sydney island

[1:32:41] Trustee Morrison (probable): homeowners association and folks like that that would be helpful well

[1:32:46] Voice 4: i think certainly if staff

[1:32:47] Voice 4: staff could sort of flag that,

[1:32:50] Voice 4: maybe perhaps working with Mr. Dingman if, you know,

[1:32:55] Voice 4: if he's going over to do an investigation

[1:32:57] Voice 4: on a bylaw complaint or something,

[1:33:00] Voice 4: that we might be able to tag along

[1:33:02] Voice 4: on one of his journeys, because his-

[1:33:06] Voice 10: I can speak to that as well, Chairman.

[1:33:08] Voice 10: Excellent, go ahead.

[1:33:09] Voice 10: I have spoken to RPM Kojima about us potentially,

[1:33:15] Voice 10: there would be some funding available.

[1:33:17] Voice 10: You could use your funding to hire a water taxi to go do a tour with trustees, potentially with bylaw enforcement staff, planning staff could attend to do, you know, maybe one or two different trips to go around some of these associated islands.

[1:33:37] Voice 10: uh the geographical context for everyone would be super helpful to understand of course myself

[1:33:43] Voice 10: included enormously to get out there and always once you see a place it's way easier to to plan

[1:33:51] Voice 10: for it so uh i can certainly that's on my radar to do and uh we can go ahead and do that probably

[1:33:58] Voice 10: anytime really i would say uh and if you want to squeeze a trip in before the end of march you

[1:34:05] Voice 10: You might have some.

[1:34:06] Voice 10: Well, I think you've spent most of your money this year anyway.

[1:34:09] Voice 10: But I'll see with Robert where that money comes from.

[1:34:12] Voice 4: Yeah.

[1:34:13] Voice 4: Certainly, I would suggest between Sydney and James Island.

[1:34:17] Voice 4: Those are the two predominant ones.

[1:34:19] Voice 10: We could

[1:34:20] Voice 10: arrange that for a day.

[1:34:21] Voice 10: We could also arrange a day where we go out to see some of the other islands that continue to come up on our radar anyways in terms of islands that are for sale or that have some kind of development scheme that's being proposed.

[1:34:34] Voice 10: opposed or a first nation interest there's a few things as

[1:34:38] Voice 10: well that that uh uh we could talk about

[1:34:42] Voice 10: so okay

[1:34:43] Trustee Morrison (probable): that'd be great because i would love to um you know if we can't even work it in with uh

[1:34:48] Trustee Morrison (probable): the say out chief at some point yeah shell island visit because of the site that's there that would

[1:34:53] Trustee Morrison (probable): like there's a few things like that would be helpful to just have a conversation around

[1:34:57] Trustee Morrison (probable): yeah i

[1:34:57] Voice 10: even have the the water taxi guys card right here so we could contact him anytime

[1:35:01] Voice 10: time just

[1:35:02] Voice 16: a just a quick comment i think deb might remember when we did that before and i think

[1:35:06] Voice 16: two trips is probably wise because we did just spending time on sydney island itself took a lot

[1:35:12] Voice 16: of time it was very useful i think to both the trustees and um and the chair but um yeah so i

[1:35:18] Voice 16: think yeah

[1:35:19] Voice 2: sydney island is like one day yeah and other islands maybe

[1:35:23] Voice 10: i'll put that in the follow-up

[1:35:24] Voice 10: action so that's actually something that we really get on to doing because i've talked with robert a

[1:35:28] Voice 10: couple times about it in the past yeah

[1:35:30] Voice 4: i'm fortunate i've had a lot of involvement in all

[1:35:34] Voice 4: these islands so i'm fairly familiar with with the lay of the land but um they're they are very

[1:35:40] Voice 4: much different than the islands we're used to so there's a lot of value i think i'm being on on the

[1:35:46] Voice 4: land all right

[1:35:48] Voice 4: so somebody have a motion i

[1:35:49] Trustee Morrison (probable): do um one last thought on that though brad um it would

[1:35:52] Trustee Morrison (probable): be nice to we've never met the landowners on morrisby on the land trust there and it would

[1:35:58] Trustee Morrison (probable): would be nice if we could at all ever figure that out to have a conversation with them because they

[1:36:02] Trustee Morrison (probable): have a whole it's a land trust foundation that bought horsby so it'd be helpful okay ready um

[1:36:10] Trustee Morrison (probable): where are we here that the okay the north pender island local trust committee approve issuance of

[1:36:18] Trustee Morrison (probable): development permit npdp 2024.1 barden okay

[1:36:23] Voice 4: second trustee campbell any further discussion

[1:36:25] Voice 4: not call the question all in favor that

[1:36:29] Voice 3: carries thank

[1:36:30] Voice 4: you so we now move on to 5709 and 5727 canal

[1:36:37] Voice 4: road and we have a breath of fresh air we have mr splatter smith on board yeah for sure indeed

[1:36:49] Voice 10: sorry

[1:36:50] Trustee Morrison (probable): can we take like three minute break we've been okay

[1:36:53] Voice 4: let's let's uh break maybe for five

[1:36:56] Voice 4: minutes yep that

[1:36:58] Voice 4: sounds good all

[1:36:59] Voice 16: right step back and say thank you to everybody i'm i'll be leaving

[1:37:03] Voice 16: the meeting now great job phil

[1:37:05] Voice 10: thank you very

[1:37:05] Voice 4: much so let's uh come back at 11 45 does that

[1:37:10] Voice 4: work for everybody yep okay

[1:37:12] Voice 4: thank you all right we've reached the opponent moment we're at 11 45

[1:44:03] Voice 4: so we'll return back to the canal road application and planner smith uh

[1:44:08] Voice 10: thank you chair and we have

[1:44:10] Voice 10: have nigel in the uh waiting room emily perhaps you can move him into the uh and is uh nigel you

[1:44:21] Voice 10: said dave is there but i don't see him on the as an attendee so he

[1:44:26] Voice 14: he did say that he would like

[1:44:28] Voice 14: to watch i'm not sure if he's joined in

[1:44:31] Voice 10: maybe he's just watching that's a different all right

[1:44:35] Voice 10: broadcast okay so uh thank you chair uh so this is bringing two development variance permit

[1:44:43] Voice 10: applications forward to the local trust committee uh mr watson's here representing the property

[1:44:49] Voice 10: owner uh these are for 5709 and 5727 canal road uh they are uh two docks that were

[1:44:59] Voice 10: existing there since the 50s 60s that were previously legal non-conforming with respect

[1:45:08] Voice 10: to siting and size were contracted to be maintained and repaired as is allowed under the

[1:45:19] Voice 10: statute for non-conforming the docks were completely removed for a period of greater

[1:45:27] Voice 10: than six months and thus they lost their legal non-conforming use status and so

[1:45:36] Voice 10: the the docks are rebuilt now and the docks that have replaced them

[1:45:43] Voice 10: the floats are greater than the allowable size of 37 meters squared as per the land use bylaw

[1:45:52] Voice 10: for the Water 2 zone, and

[1:45:56] Voice 10: they are smaller than what the floats were there before, the legal non-conforming

[1:46:00] Voice 10: floats, but because they lost that legal non-conforming status, they're now at this place

[1:46:04] Voice 10: where they're needing to conform to the new bylaws,

[1:46:12] Voice 10: and there's also

[1:46:13] Voice 10: a cross of the dock at

[1:46:19] Voice 10: 5727

[1:46:22] Voice 10: 5727 where the projection of the three meter projection

[1:46:26] Voice 10: of the side lot across the water zone

[1:46:30] Voice 10: because of the topography of the land

[1:46:32] Voice 10: and how the dock crosses through

[1:46:37] Voice 10: that three meter projection line.

[1:46:41] Voice 10: They also require variants for the siting

[1:46:43] Voice 10: of the structure crossing through that.

[1:46:46] Voice 10: that. So I think I will. There was DB notices were sent out, we've received no responses,

[1:46:56] Voice 10: we still received no responses. And now the docs were there for a long time. And, and

[1:47:08] Voice 10: so the applicant is looking for variants to allow the floats to be too big. And the projection

[1:47:18] Voice 10: across the three meter line for the one property I'll pass it back to the local

[1:47:24] Voice 10: trust committee and we can discuss any specific questions you may have about my

[1:47:28] Voice 10: report and the applicant is here also to speak to the application thank you so

[1:47:35] Voice 4: trustees questions trustee

[1:47:38] Trustee Morrison (probable): Morris yeah my primary question is around First

[1:47:41] Trustee Morrison (probable): Nations given this is a for sure ish permit related yeah turn

[1:47:47] Trustee Morrison (probable): and I read this

[1:47:48] Trustee Morrison (probable): section in your report about that um can i just understand related to both us and the applicant

[1:47:55] Trustee Morrison (probable): if there's been any direct communication other than just referring the permit over to them has

[1:48:01] Trustee Morrison (probable): there been any active attempt to um and i don't that's not quite the right phrase it brad i know

[1:48:06] Trustee Morrison (probable): but you know what i mean like has there been any phone calls or effort to reach out to the um would

[1:48:15] Trustee Morrison (probable): Would it be the stay out in this case, or is it the WSANH Leadership Council, around any concerns they have?

[1:48:20] Trustee Morrison (probable): Just to flag it, because I know some of the First Nations offices get inundated with referrals, and this seems to be one that should be.

[1:48:28] Trustee Morrison (probable): So

[1:48:29] Voice 10: we wouldn't refer this to them normally as a development variances application?

[1:48:34] Trustee Morrison (probable): We would or wouldn't?

[1:48:35] Voice 10: We would not. We do not send these out to agency referrals or First

[1:48:42] Voice 10: Nation referrals.

[1:48:43] Voice 10: else so the

[1:48:44] Voice 10: docks have provincial tenure they have tenure issued by the province and the docks

[1:48:52] Voice 10: are permitted use uh it's the uh the two siting issues that are in question and

[1:49:01] Voice 14: if i may the part

[1:49:03] Voice 14: of the reason i don't think we've reached out is because they are on existing floats or on the

[1:49:10] Voice 14: existing uh concrete pads so it's there's been no damage or alteration to any of the foreshore

[1:49:16] Voice 14: there's been nothing on the ground nothing on the bank there's been no uh additional changes

[1:49:21] Voice 14: from original so that was one of the reasons we were comfortable

[1:49:24] Voice 10: and there was there was quite a

[1:49:27] Voice 10: bit of back and forth there are two biologists reports in the uh in the uh staff report which

[1:49:33] Voice 10: are detailed uh uh there has been there was quite a bit of back and forth to determine if

[1:49:38] Voice 10: variance and a development permit was required and it was determined that because there is no real

[1:49:45] Voice 10: impact or change in ecological footprint in putting the new dock structures there

[1:49:56] Voice 10: that they don't need a development permit they're exempt from that development permit requirement

[1:50:01] Voice 10: and so that's why you're just considering the variance today versus it would be different if

[1:50:07] Voice 10: for example uh uh they had connected to the the the to the islet and uh had you know put a new

[1:50:16] Voice 10: piling there uh when you go out on the dock in particular there there are uh archaeological

[1:50:22] Voice 10: the islet itself is an archaeological uh known site um but when you go out on the dock

[1:50:30] Voice 10: uh it's built in a way that there's really no access to the islet it is a a firm corner there

[1:50:40] Voice 10: uh with a separation of of kind of you know a little bit of waterway and so there's uh staff

[1:50:49] Voice 10: were also uh uh ensured that it wasn't creating just uh you know also a nice access to your patio

[1:50:57] Voice 10: out on the islet so and the pictures show that in the staff yeah

[1:51:03] Voice 12: so

[1:51:04] Voice 10: um yeah there are

[1:51:08] Voice 10: i guess broader uh known first nation uses there uh the decision around tenure is the

[1:51:16] Voice 10: provincial one and they do have tenure so i think that is uh where that bigger consultative

[1:51:25] Voice 10: question may rest okay

[1:51:28] Trustee Morrison (probable): and then the other question i have is just to be clear the ecological impact

[1:51:32] Trustee Morrison (probable): like no um significant ecological impact that is largely because there's no shift in footing or

[1:51:41] Trustee Morrison (probable): shift in structure in the land-based component of this but i i still am a little bit unclear on why

[1:51:48] Trustee Morrison (probable): allowing a bigger dock is is okay i guess is and and i under i've read the data i've read the

[1:51:55] Trustee Morrison (probable): report but i and this is not necessarily for you brad i think it's for the applicant is like

[1:52:02] Trustee Morrison (probable): like why can't you stay inside the rules of the existing dock rules and trustee

[1:52:07] Trustee Morrison (probable): campbell i think

[1:52:08] Trustee Morrison (probable): wants to weigh in on that too i know the history of the site don't get me wrong

[1:52:11] Voice 5: and and now that

[1:52:13] Voice 5: That was what I was just going to point out is we had this discussion in camera as well as to why the docks got built to the size that they were built.

[1:52:29] Voice 5: They were actually built smaller with the belief that they had legal non-conforming.

[1:52:34] Voice 5: And then I've spent quite a bit of conversation time going over what it was.

[1:52:41] Voice 5: And so I know that that was, that's why we had even got a legal opinion at the one point as to when legal non-conforming actually is eliminated.

[1:52:53] Voice 5: So I know that the intention of the build wasn't to build them larger than what it is now.

[1:53:00] Voice 5: They believed that they had legal non-conforming when they built them.

[1:53:03] Voice 5: so

[1:53:04] Voice 14: if i can speak to that some of the reasons we did believe that were because

[1:53:09] Voice 14: under the label non-conforming bylaws they state the 25 which is for buildings but it was the only

[1:53:16] Voice 14: thing we could find and we assumed that the entire concrete structure was far more than 25 of the

[1:53:23] Voice 14: structure itself so building up here on top of existing concrete is very minimal in comparison

[1:53:29] Voice 14: to the amount of concrete that was already there as well as the intent was to finish the project

[1:53:35] Voice 14: a lot faster and there was old debris from potting foam floats that was every winter storm was

[1:53:43] Voice 14: blowing into the bay so part of removing everything so quickly was to prevent that and then part of

[1:53:49] Voice 14: why it didn't get replaced was it COVID it was the first year of COVID it was 2020 and there was no

[1:53:58] Voice 14: no supplies all of a sudden as the removal process had already been completed.

[1:54:03] Voice 14: So there was a huge setback for us in that regard as well.

[1:54:08] Voice 14: So those are some of the reasons I think we lost legal non-conforming or assumed that

[1:54:13] Voice 14: we hadn't originally.

[1:54:20] Voice 4: Any more questions, trustees?

[1:54:23] Trustee Morrison (probable): Yeah, I think I was also a little bit confused.

[1:54:28] Trustee Morrison (probable): And Brad, maybe this is for you.

[1:54:30] Trustee Morrison (probable): I was a little bit confused because there's these two properties.

[1:54:33] Trustee Morrison (probable): so we are the provincial tenure is related like there's provincial tenure on both properties

[1:54:41] Trustee Morrison (probable): or they're

[1:54:42] Voice 10: both both property both docs would have uh uh the zones and i think they're shown

[1:54:50] Voice 10: in the

[1:54:50] Voice 2: in the red there's the

[1:54:52] Voice 10: red that is the that is snipped from the provincial

[1:54:56] Voice 10: tenure authorization so each doc has uh a provincial authority basically like a lease

[1:55:05] Voice 10: to put their structure anywhere in that red spot and then and then what they've done is they've

[1:55:11] Voice 10: replaced the yeah and so the previous structure uh it was authorized and the it continues to be

[1:55:19] Voice 10: authorized the structure itself uh it's the legal non-conforming part that you're dealing with

[1:55:25] Voice 10: respect to in respect of the variance so

[1:55:29] Voice 5: the the legal non-conforming they're

[1:55:32] Voice 10: allowed to have a

[1:55:33] Voice 10: dock according to zoning and they are have have provincial tenure they didn't lose their tenure

[1:55:39] Voice 10: like you can take your dock out and still keep your tenure and then put a different structure

[1:55:44] Voice 10: in as long as it's conforming to what you're approved to do uh but in this case because they

[1:55:50] Voice 10: They took it out or, you know, as Mr. Watson just described, the rationale, the owner of how and why that non-conforming.

[1:55:58] Voice 10: If they had repaired and maintained in accordance with statute, they could have kept their bigger platform because it would have been not subject to your bylaw because it's legal non-conforming.

[1:56:12] Trustee Morrison (probable): Yeah, so the only thing really not conforming here from what we're deciding is the platform.

[1:56:18] Trustee Morrison (probable): Just

[1:56:18] Voice 10: the platforms being slightly larger for both of them, and the projection which there's no way to get around based on the topography but it is required as it is by lot requirement.

[1:56:34] Voice 10: most docks or most lots it's considering where two lots would have you know a fairly parallel

[1:56:41] Voice 10: upland and so you can't have your dock then jutting over into your neighbors kind of use

[1:56:47] Voice 10: an enjoyment of their of their foreshore waterfront area to put their dock or or even just use that

[1:56:54] Voice 10: area for for view or whatever so that's the purpose intent of that bylaw regulation so in

[1:57:02] Voice 10: in this case to vary that intent is reasonable given so

[1:57:06] Trustee Morrison (probable): and then i guess the other question i

[1:57:08] Trustee Morrison (probable): have which we always have whenever there's a dock related issue is um the report i believe said that

[1:57:14] Trustee Morrison (probable): there was no eelgrass or no bull kelp or eelgrass were observed in the area but that there were

[1:57:21] Trustee Morrison (probable): several stalks of um of eelgrass were observed settled in the sand and shell that it could

[1:57:29] Trustee Morrison (probable): so it could have eelgrass i guess is what i read from that so if i could get clarity on that

[1:57:38] Voice 10: uh having been there i haven't observed any observable actual really uh active like kelp

[1:57:45] Voice 10: forest but uh certainly it's would have at one time i'm sure and it has it would have been a

[1:57:51] Voice 10: really rich ecological spot at one time so it certainly has some potential to be restored but

[1:57:58] Voice 14: i've uh i can speak on this a little bit i've swam in the bay many times and before any of

[1:58:05] Voice 14: the work was done there was never any eelgrass or bull kelp growing in the bay itself there's

[1:58:10] Voice 14: a small eelgrass patch that grows up along the side of the sandbar next to the dock or next to

[1:58:17] Voice 14: the pier sorry towards the house

[1:58:18] Voice 7: inside

[1:58:20] Voice 14: of the bay and that remains that hasn't been uh tampered

[1:58:23] Voice 14: with at all because the pier was built on top of the original concrete so um as far as i'm able to

[1:58:32] Voice 14: observe there's been no damage or um no impact on that so

[1:58:38] Trustee Morrison (probable): so so my my thinking on this basically is

[1:58:42] Trustee Morrison (probable): i really like the fact that using existing pierce like kudos to you on that because that was a

[1:58:47] Trustee Morrison (probable): massive problem before if there was like any issue about like having new piers because it is a pretty

[1:58:53] Trustee Morrison (probable): sensitive area in a number of different dimensions so happy to see that um i guess the the challenge

[1:59:01] Trustee Morrison (probable): i'm having in in saying yes to a variance permit is um i understand that even the like

[1:59:11] Trustee Morrison (probable): issues about like losing um grandfathering on the i

[1:59:17] Voice 7: get

[1:59:17] Trustee Morrison (probable): all that too and that's the dilemma

[1:59:19] Trustee Morrison (probable): dilemma frankly that you're in um I still have to be able to justify why I'm okay to vary like

[1:59:27] Trustee Morrison (probable): and make it a bigger job like for the community so so that's that's the dilemma I'm having frankly

[1:59:32] Trustee Morrison (probable): is like um it's great that it's smaller than it was but that doesn't help me because it's still

[1:59:38] Trustee Morrison (probable): bigger than it should be um and so that's the dilemma I don't know trustee Campbell if you

[1:59:43] Trustee Morrison (probable): have any reasoning to help me with that one or and the grandfathering piece is like I understand

[1:59:48] Trustee Morrison (probable): that that's that's a reasonable sort of yeah

[1:59:51] Voice 14: angle to think about we were making it smaller

[1:59:53] Voice 14: than before which we thought was an

[1:59:55] Voice 14: improvement also um adjusting it now it's a concrete

[2:00:00] Voice 14: molded dock so it's all one piece it wouldn't be able to just be shortened um it would be

[2:00:05] Voice 14: wonderful it could if it could have been but it's much more environmentally friendly to have a

[2:00:10] Voice 14: concrete molded dock um because there will be no foam that could ever escape from it um so we're

[2:00:16] Voice 14: kind of stuck with that at this point assuming we had any legal non-conforming it wouldn't have

[2:00:22] Voice 14: been an issue now it's over but it's actually it's about a six foot wide dock which makes it

[2:00:28] Voice 14: it about two and a half feet too long so if you're if you're standing on a pier and there's an extra

[2:00:33] Voice 14: two and a half feet it's um it's very minimal in um within the bay for difference of ocean coverage

[2:00:43] Voice 14: i understand that it's still over so making an exception is definitely a difficult uh point but

[2:00:49] Voice 14: that would be my reasoning at least or my my explanation for it yeah

[2:00:56] Trustee Morrison (probable): and then and then the

[2:00:57] Trustee Morrison (probable): the only other thing that i have and i totally get this in terms of our variance permits and

[2:01:00] Trustee Morrison (probable): it's not a development permit all that i am actually super reluctant to approve a permit

[2:01:06] Trustee Morrison (probable): of any kind without on a waterfront issue without some kind of awareness at least of the first

[2:01:13] Trustee Morrison (probable): nations about the permit so i and i totally understand our policies around that i'm just

[2:01:19] Trustee Morrison (probable): there has been some burns in the islands trust area related to that and i think it's just

[2:01:24] Trustee Morrison (probable): bad reciprocity or sorry reconciliation practice to not at least make aware so I I actually feel

[2:01:34] Trustee Morrison (probable): okay about this variance like the way for the reasons that are set out I would prefer to delay

[2:01:42] Trustee Morrison (probable): the variance approval until the next meeting and ask the applicant to just reach out and have a

[2:01:46] Trustee Morrison (probable): conversation with the First Nation personally that would be like uh you know and it could be a simple

[2:01:54] Trustee Morrison (probable): saying that they that's how we build good relationships in our community and like the

[2:02:00] Trustee Morrison (probable): applicants who've done that in other locations have had nothing but positive like um relations

[2:02:05] Trustee Morrison (probable): with the first nations and i can bet that one of the things that they would want is just at the end

[2:02:10] Trustee Morrison (probable): of the dock to put a sign like no access due to archaeological things or something like that so

[2:02:15] Trustee Morrison (probable): that people don't climb over the barrier and go on to the island so but like that is in everyone's

[2:02:21] Trustee Morrison (probable): best interest to do that. So I just would love to know what your thinking is of that. Other than

[2:02:26] Trustee Morrison (probable): that, I don't actually think I have a problem with any of this permit.

[2:02:29] Voice 14: I think honestly, that

[2:02:30] Voice 14: wouldn't be an issue. I would be totally happy to discuss with the owner and make sure that that

[2:02:35] Voice 14: happens. And I think he would be totally welcome to it as well. So moving forward, if you do approve

[2:02:43] Voice 14: the variance, I think we can do that either way. I agree with you. I think that makes a lot of

[2:02:48] Voice 14: sense and I think it would be actually incentive to the owner to have some kind of signage on the

[2:02:55] Voice 14: bay and on the docks to inform people not to be tampering with the sensitive ecosystems because

[2:03:00] Voice 14: he's well aware of it he totally loves and appreciates it and he wants to do

[2:03:04] Voice 14: the best he can to make sure it's preserved so having that kind of signage and connection with

[2:03:10] Voice 14: our indigenous community I think would be very beneficial for him yeah

[2:03:16] Trustee Morrison (probable): so we can do it one of

[2:03:17] Trustee Morrison (probable): of two ways like for us as a government agency it's best if we wait until our april whatever it

[2:03:24] Trustee Morrison (probable): is when's our next meeting brett april 5th or something like that so

[2:03:29] Voice 7: it's best for

[2:03:29] Trustee Morrison (probable): us to wait

[2:03:30] Trustee Morrison (probable): till april 5th to approve the permit and have you do that in between because then we're not

[2:03:36] Trustee Morrison (probable): preemptively like getting ahead of first nations um or put it as part of the permit that we ask

[2:03:43] Trustee Morrison (probable): you to reach out and have a conversation with first nations one or the other so that we're

[2:03:47] Trustee Morrison (probable): naming that we're doing that as part of our work um so brad i don't know how it's a variance permit

[2:03:55] Voice 10: so you can approve the variance or not you can't set other conditions of approval upon it

[2:04:01] Voice 10: in this case yeah i think that yeah i mean it'd

[2:04:06] Voice 14: be held in the meeting minutes that it's been

[2:04:09] Voice 14: requested is that something that could be a note instead because i think it would be beneficial for

[2:04:14] Voice 14: us to be

[2:04:15] Voice 10: honest with you what you're talking about i think is a little bit outside the variance

[2:04:19] Voice 10: itself in that the the structure really doesn't provide access to that islet so no one's jumping

[2:04:25] Voice 10: over i don't think that's or if they are they're gonna anyways um there's a whole bunch of first

[2:04:35] Voice 10: First Nations might have an interest in those archaeological, that archaeological spot, not just to say out.

[2:04:41] Voice 10: If we drilled down in our First Nations consultative record, it would touch on like all 15 or 16 that you consult with.

[2:04:50] Voice 10: And they may not be comfortable with an explicit acknowledgement.

[2:05:00] Voice 10: By putting a sign there, they may view that more people will go there.

[2:05:04] Voice 10: And so I would, I think you're probably just best, the provincial consideration of that has been issued.

[2:05:13] Voice 10: They have their provincial tenure.

[2:05:17] Trustee Morrison (probable): Yeah, to be fair, Brad, the provincial tenure, depending when it was granted, didn't necessarily incorporate DRIPA.

[2:05:24] Voice 10: I'm just suggesting that you're talking about the sighting of the docks that have been there for a long, long time

[2:05:30] Voice 10: uh through some you know if you're talking about if you're the conversation talking about is is are

[2:05:38] Voice 10: you going to talk about like should the docs be there at all uh and that conversation is yes yeah

[2:05:45] Voice 10: anyways i caution you to just try to get to a decision hey

[2:05:50] Voice 4: trustee cam will you have anything

[2:05:51] Voice 4: anything to add on this uh

[2:05:54] Voice 5: i just i think i i under i understand uh what deb is is uh is asking

[2:06:03] Voice 5: about i'm i'm not sure when i hear from brad that it applies to what the situation is and how

[2:06:12] Voice 5: it doesn't sound like we can make that a condition of the variance application

[2:06:20] Voice 5: um so i'm just wondering like we can pass the develop development variance permits

[2:06:30] Voice 5: um and then do we have an option to request sort of feedback from i think

[2:06:40] Voice 5: you need to just

[2:06:41] Voice 10: i think in my view to be like not to be flippant but in my view i think you need to consider

[2:06:48] Voice 10: whether you want to wade into a First Nation interest

[2:06:53] Voice 10: with respect to the siting of these docks or not.

[2:06:57] Voice 10: If you do, then we can go down that road

[2:06:59] Voice 10: and you can hold off.

[2:07:01] Voice 10: But they might say that we don't think

[2:07:03] Voice 10: the docks should be there at all.

[2:07:04] Voice 10: And that opens up a whole bigger question

[2:07:08] Voice 10: and a reasonable one potentially

[2:07:10] Voice 10: with the known archaeological sites there.

[2:07:13] Voice 10: there uh is that something that the ltc wants to go down given the given circumstance of this they

[2:07:24] Voice 10: haven't punched in a new dock and put in new pilings and done a bunch of digging they've

[2:07:30] Voice 10: really replaced what they were allowed to but they didn't do it fast enough and so they're kind of

[2:07:35] Voice 10: left in this place now it's i guess it's the way in those circumstances in my mind

[2:07:41] Voice 5: i think my

[2:07:42] Voice 5: My experience with it has with a previous job that I had and dealing with both rebuilding

[2:07:52] Voice 5: docks, existing docks, but also creating new access.

[2:07:56] Voice 5: And we definitely had to go through the referral process and have people on site while we were

[2:08:03] Voice 5: doing that work and stuff.

[2:08:06] Voice 5: And so I understand the importance of it in those instances.

[2:08:09] Voice 5: but I for myself I feel like this is totally separate to what that is and and we by pushing

[2:08:18] Voice 5: for that we could open ourselves up to a whole different discussion um if that's what the

[2:08:26] Voice 5: development variance permits are we end up trying to base them on so I'm not sure that I would be

[2:08:33] Voice 5: comfortable with that kind of a referral out for something that's already been done and i would

[2:08:40] Voice 14: also say that i think if we made alterations to attachment points where it actually connects with

[2:08:47] Voice 14: the ground if we put new concrete columns or stuff in that regard it would absolutely make

[2:08:53] Voice 14: sense that we would need to work with an archaeologist and refer with the indigenous

[2:08:59] Voice 14: community locally um but we haven't and i think that somehow what gives us

[2:09:06] Voice 14: more acceptance for what it is now um okay

[2:09:15] Voice 4: so the way we're landing right now is trustee campbell's

[2:09:18] Voice 4: sounds like you're interested in just pursuing proceeding as for the staff recommendation

[2:09:24] Voice 4: trustee morrison are you leaning towards deferring or are you okay with going forward today

[2:09:30] Voice 4: i

[2:09:33] Trustee Morrison (probable): so i'm not opposed put it that way that's not i'm not like gung-ho for because i feel like

[2:09:46] Trustee Morrison (probable): like if this had come with a letter from the seo or a letter from um you know and i understand

[2:09:51] Trustee Morrison (probable): there's like 15 layers of first nations interest in this area but like we've had that happen where

[2:09:57] Trustee Morrison (probable): we had applications come with a letter from the first nation it was like okay done right like

[2:10:03] Trustee Morrison (probable): Like, because I know that you're building those relationships that we need, because

[2:10:06] Trustee Morrison (probable): just to be clear, like, you know, I get it that this is a replacement and everything

[2:10:10] Trustee Morrison (probable): else.

[2:10:11] Trustee Morrison (probable): The challenge we're facing is that if anyone takes issue with this at any point, we approved

[2:10:18] Trustee Morrison (probable): of, you know, variants of some kind.

[2:10:22] Trustee Morrison (probable): The variance is only the two and a half feet.

[2:10:24] Trustee Morrison (probable): So from that point of view, I feel like it's a minor approval, right?

[2:10:29] Trustee Morrison (probable): Like it's a minor, minor variation.

[2:10:31] Trustee Morrison (probable): so we basically and i think brad's right about this like we don't have authority really to say

[2:10:41] Trustee Morrison (probable): go and consult with first nations on this because the variation is not really in the realm of the

[2:10:49] Trustee Morrison (probable): things that we can say the variation is changing something right so from that point of view i'm okay

[2:10:55] Trustee Morrison (probable): to go ahead and approve this but it puts us in an awkward position nigel because like basically

[2:11:02] Trustee Morrison (probable): we're the government saying it's okay and if a first nation takes issue that you haven't actually

[2:11:07] Trustee Morrison (probable): talked with them we're the ones who take the flack for it

[2:11:09] Voice 7: yeah i totally understand that yeah so

[2:11:14] Trustee Morrison (probable): i'm okay with approving the variance right now do the reconciliation work you need to on such

[2:11:19] Trustee Morrison (probable): such an important site okay

[2:11:20] Voice 7: yeah

[2:11:21] Trustee Morrison (probable): okay and that's like

[2:11:23] Trustee Morrison (probable): love and kindness because i want i appreciate

[2:11:26] Trustee Morrison (probable): but do it and

[2:11:28] Voice 14: and deb i would i would be happy to have a conversation with you further

[2:11:32] Voice 14: that'd

[2:11:33] Trustee Morrison (probable): be great on

[2:11:33] Voice 14: about it and see what your recommendations are moving forward because that

[2:11:37] Voice 14: would be good for me as

[2:11:38] Trustee Morrison (probable): well for sure and there are great relationships with pender community

[2:11:41] Trustee Morrison (probable): with first nations in the region that you can really lean on to make that work for you

[2:11:45] Trustee Morrison (probable): that

[2:11:46] Voice 4: would be wonderful so i appreciate that yeah

[2:11:49] Voice 4: Does somebody want to make a motion?

[2:11:52] Trustee Morrison (probable): Do you have

[2:11:52] Voice 4: it in front of you?

[2:11:53] Voice 4: Yeah.

[2:11:54] Voice 5: That the North Pender Island Local Trust Committee approve issuance of development variance permit application, NPDVP 2023.1, McCarroll.

[2:12:05] Voice 4: All right.

[2:12:05] Voice 5: Seconded.

[2:12:06] Voice 5: Second.

[2:12:07] Voice 5: Trustee Morrison, call the question all in favor.

[2:12:10] Voice 3: That carries.

[2:12:12] Voice 5: that the north pender island local trust committee approve issuance of development

[2:12:16] Voice 5: variance permit application npdvp 2023.5 mccarroll seconded second

[2:12:25] Voice 5: uh

[2:12:26] Voice 4: any further discussion

[2:12:27] Voice 4: call the question all in favor and that carries all right thank you very much really appreciate

[2:12:35] Voice 4: it thank you

[2:12:36] Trustee Morrison (probable): thank you very much and nigel just reach out in the book just text and we can sort

[2:12:42] Trustee Morrison (probable): sorted out great

[2:12:43] Voice 14: thank you okay

[2:12:44] Trustee Morrison (probable): all

[2:12:45] Voice 4: right um moving on we had a couple piece of new business

[2:12:48] Voice 4: um trustee morrison um you had something about attending conference yes

[2:12:56] Trustee Morrison (probable): so um i'm going to i

[2:12:58] Trustee Morrison (probable): have actually i think sent in a note to the executive committee around asking for avic

[2:13:04] Trustee Morrison (probable): uh registration approval i don't need travel expenses because i can cover that on my own

[2:13:08] Trustee Morrison (probable): like with staying with family um but so there's two things at the aviac conference that i want to

[2:13:15] Trustee Morrison (probable): be present for um one is there's a huge discussion of housing which is more in relation to our work

[2:13:21] Trustee Morrison (probable): on north pender i would just be really like to be involved in that and the second aspect of it is

[2:13:26] Trustee Morrison (probable): that um i'm the trust council's representative on the um vancouver island coastal community climate

[2:13:33] Trustee Morrison (probable): leadership program which is a mouthful um and so they're meeting as part of the AVIC they're

[2:13:39] Trustee Morrison (probable): having a sub-meeting there so I also want to be present for that role so um I kind of I think the

[2:13:45] Trustee Morrison (probable): the ask that's appropriate is it would be nice if half of my registration fees could be covered for

[2:13:52] Trustee Morrison (probable): the AVIC conference by the North Pender LTC travel expenses and then I can request the other half

[2:13:57] Trustee Morrison (probable): from the executive committee okay

[2:13:59] Voice 4: um i don't planter smith are you sort of able to give some

[2:14:05] Voice 4: guidance if we have some money in hand we can accommodate

[2:14:09] Voice 4: that so

[2:14:11] Voice 10: in speaking with or hearing

[2:14:13] Voice 10: from director freighter uh she forwarded me back and forth you had with her trustee morrison about

[2:14:21] Voice 10: you could email the executive committee asking them to sponsor i don't know did you say you did

[2:14:26] Voice 10: that I

[2:14:26] Trustee Morrison (probable): think I did that I there's

[2:14:28] Voice 10: a lot if you did

[2:14:28] Trustee Morrison (probable): my understanding

[2:14:30] Voice 10: that if they if they could

[2:14:32] Voice 10: approve that then you can then that's outside the LTC's budget the other option would be for

[2:14:38] Voice 10: for you to use your next year's special project budget yeah

[2:14:49] Trustee Morrison (probable): so I would prefer personally I would

[2:14:51] Trustee Morrison (probable): prefer that the registration fee is paid for by the executive committee of course that that's

[2:14:58] Trustee Morrison (probable): easier but i

[2:14:59] Trustee Morrison (probable): just don't know where they sit with that ability um and we won't know until after

[2:15:05] Trustee Morrison (probable): like i made this approval from ltc in case because the deadline's too late then so

[2:15:10] Voice 10: what i would

[2:15:11] Voice 10: suggest is that you could if the ltc agrees to use your special budget for next fiscal

[2:15:18] Voice 10: goal uh on that registration or a portion of it uh i think the registration is around 400 or 480

[2:15:29] Voice 10: if you're a non-member uh and your special projects budget this year is 280 or something

[2:15:34] Voice 10: like that and i assume it would be something like that for next fiscal when the budget comes so

[2:15:40] Voice 10: uh you'd be spending all of your special project budget uh but you have other money that you could

[2:15:45] Voice 10: move around um but you have it you've overspent on your regular spending this year um to note um

[2:15:54] Voice 10: but that's just all detail so so

[2:15:57] Voice 1: what i

[2:15:58] Voice 10: where i was heading is you could pass a racial resolution

[2:16:00] Voice 10: saying that uh uh that the ltc uh requests that either one the executive committee uh

[2:16:09] Voice 10: approved funding for trustee morrison to attend avic and if denied then too that the ltc

[2:16:17] Voice 10: used their 2023 or 2024 special project budget to an amount of or whatever so make it

[2:16:27] Voice 10: dependent on executive committee approval and then you could go ahead and register deb with the

[2:16:32] Voice 10: uh uh comfort that whatever you agree on will be covered at least one way or another yeah that's a

[2:16:39] Trustee Morrison (probable): good option yeah and

[2:16:41] Voice 10: then i encourage you to follow up directly with claire it seemed like

[2:16:45] Voice 10: uh with the she's i think it was wednesday the 23rd was her deadline in her email so i don't

[2:16:51] Voice 10: know if you got back to her with details as she asked but i would encourage you to do that yeah

[2:16:57] Trustee Morrison (probable): Yeah, I did send an email to exec committee.

[2:17:00] Trustee Morrison (probable): Yeah, okay.

[2:17:01] Trustee Morrison (probable): Yeah, I did.

[2:17:02] Voice 10: Perfect.

[2:17:03] Voice 10: So that's the recommendation I would make for if you want to support Trustee Morrison.

[2:17:10] Voice 5: Hey, Trustee Campbell.

[2:17:12] Voice 5: Yeah, Deb, can you just give me like a quick Coles notes of what, like, what's your thought process behind what it would, what we would accomplish for our LTC?

[2:17:25] Voice 5: Yeah.

[2:17:26] Voice 5: That's all I'm.

[2:17:27] Trustee Morrison (probable): Yeah, for sure.

[2:17:28] Trustee Morrison (probable): So I'm excited actually because, so I went to the housing summit last spring, I think

[2:17:35] Trustee Morrison (probable): it was, for the trust and I found it really helpful to talk to other rural districts about

[2:17:41] Trustee Morrison (probable): like what they're doing around housing that's not kind of the standard just build a 24-plex

[2:17:46] Trustee Morrison (probable): kind of thing.

[2:17:47] Trustee Morrison (probable): And that's what I'm excited about because there's quite a focus on housing for this

[2:17:51] Trustee Morrison (probable): meeting that I actually get a chance to talk with some of the coastal community folks around

[2:17:56] Trustee Morrison (probable): like what are they doing?

[2:17:57] Trustee Morrison (probable): like the smaller communities up and down that are more similar in some ways to us than victoria

[2:18:03] Trustee Morrison (probable): or vancouver or nanaimo um and so that's one aspect of the work that i think i'm i just want

[2:18:10] Trustee Morrison (probable): to have those side conversations with with people in local areas about what are they doing like the

[2:18:14] Trustee Morrison (probable): details of what they're doing um yeah so that's the big win i think for us locally can

[2:18:20] Voice 5: we do a

[2:18:20] Voice 5: little is it is there a way for us to have a little discussion after the fact about like

[2:18:28] Voice 5: like i don't i still never understand how we're supposed to be able to have conversation about

[2:18:34] Voice 5: some of this stuff um with the with the way that the kind of the rules go with with communicating

[2:18:40] Voice 5: but you know like i i would love to hear the feedback and stuff that you've got after the

[2:18:45] Voice 5: fact otherwise i have no no issue with it at all well

[2:18:49] Voice 4: i think clearly the line in the sand is that

[2:18:51] Voice 4: if decisions are being made um and so like two trustees can can meet and have a conversation

[2:19:00] Voice 4: and certainly if if uh trustee morrison goes and and is basically having a like debriefing as to

[2:19:06] Voice 4: what happened at this and and sort of roads forward so you're not making decisions you're

[2:19:11] Voice 4: You're basically informing each other.

[2:19:13] Voice 4: So sometimes there's a misconception as to what you're allowed to do and not to do.

[2:19:20] Voice 4: You can have all the talk you want, but as long as it doesn't lead to a decision.

[2:19:24] Voice 4: Because that's where, you know, people say, well, you're doing things behind people's back and without the public and all that.

[2:19:32] Voice 4: But no, you guys can have all the conversations you want, but as long as it's not about making decisions.

[2:19:40] Voice 10: can i just add that your next meeting is saturday may 25th so maybe uh the the part of that deb could

[2:19:49] Voice 10: be uh you presenting to your community what you learned at that and uh at that point uh you will

[2:19:57] Voice 10: have your budget approved for your major project on housing and i'll be turning my mind soon to

[2:20:03] Voice 10: working on the first uh action plan and some of the other templates that are in the toolkit

[2:20:11] Voice 10: uh in preparation for launching that project so my suggestion for that may meeting would be to focus

[2:20:17] Voice 10: on your housing project and one of the topics could be uh uh deb presenting on what she learned

[2:20:26] Voice 10: and there delegation from trustee morrison yeah

[2:20:29] Trustee Morrison (probable): that'd be great um i would rather not make this

[2:20:32] Trustee Morrison (probable): motion because it actually has i think it's a direct conflict of interest because i'm the one

[2:20:36] Trustee Morrison (probable): going so i don't

[2:20:38] Voice 10: think you would vote even i think you might even want to abstain from voting

[2:20:42] Voice 10: yeah

[2:20:43] Trustee Morrison (probable): yeah that's

[2:20:45] Voice 4: wise yeah do we have a idea

[2:20:51] Trustee Morrison (probable): though of like ask it that we ask the executive

[2:20:55] Trustee Morrison (probable): committee and if they don't find it then we draw it out of our special projects

[2:20:59] Trustee Morrison (probable): because I would prefer the executive committee so

[2:21:05] Voice 4: do we have a suggested

[2:21:06] Voice 4: motion I see our recording secretary has her hand up so maybe she has a good

[2:21:13] Voice 4: wording for us

[2:21:14] Voice 12: through the chair what I have so far is that request that the

[2:21:20] Voice 12: executive committee approved funding for trustee Morrison to attend a Vic and if

[2:21:25] Voice 12: denied that that the local trust committee approved spending a portion of the 2024 special

[2:21:32] Voice 12: project budget and the amount of so

[2:21:36] Trustee Morrison (probable): the registration just so we're clear the registration

[2:21:38] Trustee Morrison (probable): for avic is 400 for a member that's fine um we are a member i already clarified that with claire

[2:21:44] Trustee Morrison (probable): um so the ltc doesn't have to be a member because the allen's trust is a member that that's

[2:21:48] Trustee Morrison (probable): sufficient for me to register um and so it's 400 for the registration so that's what i'd be

[2:21:55] Trustee Morrison (probable): looking for from the executive committee um and it'd be nice if that was redeemable lord knows

[2:22:01] Trustee Morrison (probable): my time is pretty much free at that point okay

[2:22:05] Voice 4: so you wish to move that as read trustee campbell

[2:22:12] Voice 4: yep okay i'll second that um i'm assuming there's no further discussion so we'll call the question

[2:22:19] Voice 4: all in favor and we will record the trustee morrison abstain from that vote thank you

[2:22:27] Voice 4: all right um what was it what was the second issue i thought

[2:22:32] Voice 10: we had i think uh i think we agree

[2:22:35] Voice 10: that your may

[2:22:36] Voice 10: meeting will be uh focused on housing and we'll work on uh advertising for

[2:22:43] Voice 10: that uh you talked about wanting to have a cim at your next meeting yeah

[2:22:48] Voice 2: fire so

[2:22:50] Voice 10: we can do that

[2:22:52] Voice 10: we've put that on the agenda for your next meeting and i would leave it to you trustee morrison to

[2:22:57] Voice 10: to arrange who you think should be attending for that on your end,

[2:23:01] Voice 10: if you're okay with that.

[2:23:03] Trustee Morrison (probable): Actually, just Trustee Campbell,

[2:23:06] Trustee Morrison (probable): if we can have a brief conversation about that.

[2:23:09] Trustee Morrison (probable): So I talked with Mike and Brent at the fire department

[2:23:14] Trustee Morrison (probable): and about a couple of things they have related to an application.

[2:23:17] Trustee Morrison (probable): But then we also talked about like fire related things around STBRs,

[2:23:22] Trustee Morrison (probable): water, a bunch of other kinds of like fire management issues.

[2:23:25] Trustee Morrison (probable): issues so it'd be great to have a CIM piece of our meeting and what did we say April or May April

[2:23:32] Trustee Morrison (probable): April meeting as like a fire management kind of sharing around that if that's cool with you

[2:23:39] Trustee Morrison (probable): and then it would be nice if I guess I could do that but it would be nice if somebody else did

[2:23:46] Trustee Morrison (probable): it this time just reached out to Mike and said hey can you be there I think I mentioned it to

[2:23:51] Trustee Morrison (probable): him yesterday to ask him to hold it on his calendar but if somebody could do the official

[2:23:54] Trustee Morrison (probable): invite for the May meeting or for the April meeting for him to come so

[2:23:59] Voice 4: this would be similar

[2:24:00] Voice 4: to the VHAW presentation that we had yeah but

[2:24:02] Trustee Morrison (probable): more of a conversation not so much a presentation more

[2:24:05] Trustee Morrison (probable): of a conversation around a couple questions just to see how we could work together because there's

[2:24:09] Trustee Morrison (probable): a number of collective things we could start to work together on um to do with fire suppression

[2:24:14] Trustee Morrison (probable): water and some other related things so

[2:24:17] Voice 4: just for planning would you anticipate that's like a half

[2:24:20] Voice 4: hour conversation or a one hour conversation like when they lay out the agenda what sort of

[2:24:24] Voice 4: time frame do you think should be laid out for that i

[2:24:28] Trustee Morrison (probable): think it's 45 minutes at least okay

[2:24:30] Voice 4: all

[2:24:32] Trustee Morrison (probable): right so

[2:24:33] Voice 4: that's duly noted um you don't need any motions or anything planter smith i

[2:24:38] Voice 10: don't think so

[2:24:39] Voice 10: no it's on your agenda and i'll leave it to you to uh make arrangements on your end for

[2:24:45] Voice 10: attendees if that works all

[2:24:48] Voice 4: right

[2:24:49] Voice 10: and then your last your last item is to uh go into cam

[2:24:54] Voice 10: in camera okay so we would stop the recording and uh and you have an agenda uh before you

[2:25:01] Voice 10: for that all

[2:25:03] Voice 4: righty so just confirming there's no more new business um if not um if nobody has

[2:25:09] Voice 4: in front of them i can read out the motion um and that is that the meeting be closed

[2:25:17] Voice 4: to the public in accordance with the community charter part four division three section 91

[2:25:24] Voice 4: for the purpose of considering personal information about identifiable information

[2:25:29] Voice 4: individual who holds or is being considered for a position as an officer employee or agent of the

[2:25:35] Voice 4: municipality or another position appointed by the municipality and the recorder and staff attend the

[2:25:42] Voice 4: meeting um trustee somebody want to second that trustee morrison call the question all in favor

[2:25:51] Voice 4: and that carries so we will be shutting the meeting down during camera just

[2:25:59] Voice 4: uh thank you

[2:26:00] Voice 4: very much for coming out of in camera um our just our one piece of business that we discussed

[2:26:06] Voice 4: was advisory planning commission appointments and we have appointed an additional member

[2:26:11] Voice 4: member of Kathy Kronk to the advisory planning commission and the advisory will be going out

[2:26:17] Voice 4: shortly formally. Otherwise, thank you very much, everybody. Just a motion to adjourn and

[2:26:23] Voice 4: we will get on with our Friday afternoon. So Trustee Campbell wants to make a motion to adjourn.

[2:26:33] Voice 5: Yeah.

[2:26:36] Voice 4: I move that

[2:26:39] Voice 7: we

[2:26:40] Voice 4: end our meeting.

[2:26:42] Voice 4: All right. Secretary Trustee Morrison, all in favor? That carries. Thank you very much, everybody, for a smooth electronic meeting, and look forward to seeing you shortly at TrustGalveston.

[2:26:52] Voice 2: Thank you. Bye.

[2:26:54] Voice 2: Have a good weekend. Thanks. Bye.

[2:26:55] Voice 2: All right.

The minutes

Official minutes as published by the Islands Trust (source), text extracted automatically.

North Pender Island Local Trust Committee 
Regular Meeting 
February 23, 2024 ADOPTED Page 1 of 6 
North Pender Island Local Trust Committee 
Minutes of Regular Meeting 
 
Date:  
Location:  
February 23, 2024 
Electronic Meeting 
 
Members Present: David Maude, Chair (electronic) 
 Aaron Campbell, Local Trustee (electronic) 
 Deb Morrison, Local Trustee (electronic) 
  
Staff Present: Brad Smith, Island Planner (electronic) 
 Phil Testemale, Planner 2 (electronic) 
Warren Dingman, Bylaw Enforcement & Compliance Manager (electronic) 
 Lisa Millard, Recorder (electronic) 
  
Others Present: There were ten (10) members of the public present. 
 
1. CALL TO ORDER 
Chair Maude called the meeting to order at 10:00 a.m. He acknowledged that the meeting was 
held on the territory of the Coast Salish First Nations. 
2. APPROVAL OF AGENDA 
The following additions and changes to the agenda were presented for consideration: 
 
Add Item 5 New Business 
 5.1 Request to Consider Funding for the Association of Vancouver Island Coastal 
Communities Conference Registration 
 5.2 Fire Management Information Session 
 
Change Item 8 to Rise and Report 
Renumber subsequent agenda items as follows: 
 6. Upcoming Meetings 
 7. Closed Meeting 
 9. Adjournment 
 
By general consent the agenda was adopted as amended. 
 
3. MINUTES 
3.1 Local Trust Committee Minutes Dated January 26, 2024 (for Adoption) 
 
By general consent the North Pender Local Trust Committee meeting minutes of 
January 26, 2024 were adopted as presented. 
A D O P T E D 

 
North Pender Island Local Trust Committee 
Regular Meeting 
February 23, 2024 ADOPTED Page 2 of 6 
4. APPLICATIONS AND REFERRALS 
4.1 NP-TUP-2024.1 (Landale) – Staff Report 
 
Planner Testemale summarized the staff report and made the following points for 
clarification: 
 The application is for a renewal of an existing temporary use permit 
 As a renewal application, there is no ability for the LTC to amend the permit to 
include or alter restrictions on the number of rental days allowed in the summer 
 The property did not have zoning for a cottage so if the temporary use permit was 
denied the cottage would not be an allowed use 
 
The applicant indicated that the property had only been receiving a few rentals per 
month and that she had not considered it for long term use as her family uses the 
cottage when visiting because the primary residence is small. 
 
It was noted that the rental had been well organized and there was a request that the 
applicant have the cottage fire-safety inspected. 
 
NP-2024-018 
It was Moved and Seconded, 
that North Pender Island Local Trust Committee approve issuance of renewal 
Temporary Use Permit NP-TUP-2024.1 (Landale) for a period of three (3) years. 
CARRIED 
 
4.2 NP-TUP-2023.6 (Kroeker) – Staff Report 
 
Planner Testemale summarized the staff report and highlighted the following: 
 A temporary use permit was issued in 2018 and renewed once, therefore this is 
considered a new application 
 The applicant is requesting that the number of bedrooms and number of guests 
allowed be kept the same as previous 
 The current use does not meet the new guidelines for the number of guests allowed 
and there is some doubt if it meets the guidelines for owner occupancy 
 If the application can not meet current guidelines the applicant should be 
encouraged to make a rezoning application 
 There had been no response from neighbors regarding the application 
 
The applicant was in attendance and made the following comments: 
 While the family does not live on site they are there every few weeks and the 
property managers live a few minutes away 
 The property is a family legacy home and the reason a short-term vacation rental 
was initiated was because the parents needed to move off island and the rental 
income generated is used, in part, for the care of his elderly mother 
 They had been paying accommodation taxes through the Vacation Rentals by Owner 
(VRBO) rental booking site 

 
North Pender Island Local Trust Committee 
Regular Meeting 
February 23, 2024 ADOPTED Page 3 of 6 
 The home has 8 (eight) bedrooms with 16 (sixteen) beds and one kitchen, and the 
current temporary use permit guidelines requiring that the number of bedrooms be 
restricted is not feasible within the layout of the home 
 The home has no neighbours and there is no impact on the neighbourhood 
 They have been responsible property owners for over 30 (thirty) years 
 They are not considering rezoning as they do not think designating a private home 
as commercial use would be accepted by the community 
 
Discussion ensued and the Local Trust Committee noted the following: 
 There was a lot of community input when the guidelines were changed, and a 
primary concern was water use and fire safety 
 There is a challenge when dealing with unique situations such as this property 
 The guidelines are for reference and temporary use permits are discretionary 
 Water monitoring and appropriate fire prevention information is required 
 
NP-2024-019 
It was Moved and Seconded 
that North Pender Island Local Trust Committee approve the draft Temporary 
Use Permit NP-TUP-2023.6 (Kroeker) for a period of three (3) years. 
CARRIED 
 
Trustee Morrison stated on record that the reason she is approving this application is 
due to the long-standing relationship of the family in the community and that all 
concerns have been met related to no concerns from the neighbours.  
 
4.3 NP-DP-2023.5 (Lansdowne) - Staff Report 
Planner Testemale summarized the staff report and highlighted the following: 
 The Development Permit Application provides protection of a raptor tree, perching 
trees, and interlocking forest canopy as well as for removal of dead, dying, or 
suppressed Douglas Fir trees 
 The siting rationale provided by the applicant minimizes the impacts to the raptor 
DPA 
 The application is supported by a professional report, which states in part that there 
are no active, or inactive, nest sites on the property, that upper Development 
Permit Application Tree (1) one is of good health and remains a viable nesting site, 
but Tree (2) two has no viability for perching habitat 
 
Discussion ensued and the Local Trust Committee clarified the following points with the 
biologist that submitted the QEP report: 
 The 10 (ten) trees tagged for removal will not negatively impact the raptor tree, the 
potential viable trees, or the root systems 
 The site is on the side of a hill with many rock outcroppings and while the siting of 
the house could be pulled back slightly doing so would lose the opportunity for a 
view and would not impact the raptor zone differently 
 There is a good buffer of trees and forest between the house and the raptor zone  
 
  

 
North Pender Island Local Trust Committee 
Regular Meeting 
February 23, 2024 ADOPTED Page 4 of 6 
NP-2024-020 
It was Moved and Seconded, 
that North Pender Island Local Trust Committee approve issuance of 
Development Permit NP-DP-2023.5 (Lansdowne). 
CARRIED 
 
Trustee Morrison stated on record that she feels this is a good plan provided the 
homeowner keeps the integrity of the recommendations of protection. 
 
4.4 NP-DP-2024.2 (Bardon) - Staff Report 
Planner Testemale summarized the staff report and the Local Trust Committee indicated 
that they had no concerns or questions regarding the development permit application. 
NP-2024-021 
It was Moved and Seconded, 
that North Pender Island Local Trust Committee approve issuance of 
Development Permit NP-DP-2024.1 (Bardon). 
CARRIED 
 
The meeting was recessed for a break 11:35 a.m. and reconvened at 11:38 a.m. 
4.5 NP-DVP-2023.1 and NP-DVP-2023.5 (McKerrell) - Staff Report 
 
Island Planner Smith summarized the staff report and noted the following: 
 There were two legal non-conforming docks built in the 1950’s that required repair 
and replacement 
 The docks were removed but not replaced within six months and therefore they lost 
legal non-confirming status 
 The new platforms were installed on the previous existing concrete piers 
 The new dock floats are smaller than the previous docks but they are slightly larger 
than the current Bylaw allows (i.e. 37 m
2
) 
 
Concerns were raised regarding the proximity of the docks to known archaeological 
sites. The applicant was urged to have a discussion with First Nations, as the Local Trust 
Committee was not able to make a referral to First Nations a condition of a 
development variance application. Discussion ensued. 
 
NP-2024-022 
It was Moved and Seconded, 
that North Pender Island Local Trust Committee approve issuance of 
Development Variance Permit application NP-DVP-2023.1 (McKerrell). 
CARRIED 
 
NP-2024-023 
It was Moved and Seconded, 
that North Pender Island Local Trust Committee approve issuance of 
Development Variance Permit application NP-DVP-2023.5 (McKerrell). 
CARRIED 

 
North Pender Island Local Trust Committee 
Regular Meeting 
February 23, 2024 ADOPTED Page 5 of 6 
5. NEW BUSINESS 
  
5.1 Request to Consider Funding for the Association of Vancouver Island Coastal   
  Communities Conference Registration 
 
Trustee Morrison would like to attend the Association of Vancouver Island Coastal 
Communities conference in part to attend the discussion on housing. Island Planner 
Smith outlined options regarding budget. Discussion ensued. 
 
NP-2024-024 
It was Moved and Seconded  
that North Pender Island Local Trust Committee request that the Executive 
Committee approve funding for Trustee Morrison to attend the Association of 
Vancouver Island Coastal Communities conference and if denied that the Local 
Trust Committee approve spending a portion of the 2024 Special Project budget 
in the amount of $400 (four hundred dollars). 
CARRIED 
 
It is noted that Resolution NP-2024-024 was moved by Trustee Campbell, 
seconded by Chair Maude, and that Trustee Morrison abstained from the vote. 
 
5.2  Fire Management Information Session 
 
Trustee Morrison stated that she has spoken with fire department members about fire 
management, and she would like a fire management information session to be added to 
the April, 2024 Local Trust Committee meeting. Staff agreed to add to April 5 agenda. 
 
6. UPCOMING MEETINGS 
6.1 Next Regular Meeting Scheduled for April 5, 2024 at the Anglican Church Hall, Pender 
Island 
7. CLOSED MEETING (Distributed Under Separate Cover) 
7.1 Motion to Close Meeting 
NP-2024-025 
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 go in camera at 12:26 pm and reconvened at 12:37 pm. 

 
North Pender Island Local Trust Committee 
Regular Meeting 
February 23, 2024 ADOPTED Page 6 of 6 
 
8. RISE AND REPORT 
 
Chair Maude rose and reported that the Local Trust Committee appointed an additional 
member, Kathy Cronk, to the Advisory Planning Commission. 
 
9. ADJOURNMENT 
 
By general consent the meeting was adjourned at 12:39 p.m. 
 
 
_________________________ 
David Maude, Chair 
 
Certified Correct: 
 
_________________________ 
Lisa Millard, Recorder