Gabriola Island Local Trust Committee regular meeting, May 23, 2024
Gabriola Island Local Trust Committee · 2024-05-23 · 4:55:38 · recording 240523B on the Islands Trust's video service. Every timestamp below plays the recording from that moment.
Source
- Recording: Islands Trust, Gabriola Island Local Trust Committee, meeting of 2024-05-23, video recording ID
240523B(4:55:38) — 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, Gabriola 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.
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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
- Trustee Elliott (trustee) — 1432 lines
- Trustee Luckham (trustee) — 709 lines
Transcript
[0:03:12] Voice 11: I didn't go full screen.
[0:03:14] Voice 11: Sweet.
[0:03:29] Voice 10: Oh, there's a lot of.
[0:03:36] Voice 10: Oh, it's not the O.P.F.
[0:03:38] Voice 10: It's a lot to pick me up, you know?
[0:03:39] Voice 10: Oh, I don't think so.
[0:03:42] Voice 10: I don't think we're going to live.
[0:03:44] Voice 10: Yeah, no, but it might have to switch the state.
[0:04:02] Voice 22: if
[0:04:03] Trustee Elliott: um lisa wants to switch us to
[0:04:06] Trustee Elliott: just rename this
[0:04:09] Voice 10: the meeting
[0:04:15] Voice 23: is live streaming
[0:04:23] Voice 10: I think so.
[0:04:44] Voice 10: Lisa
[0:04:45] Voice 22: wants to switch us to.
[0:04:59] Trustee Luckham (probable): So good
[0:05:00] Trustee Luckham (probable): morning everyone,
[0:05:02] Trustee Luckham (probable): sorry about the delay, we did a little software upgrade.
[0:05:07] Trustee Luckham (probable): So welcome to the Gabriella and Local Trust Committee meeting.
[0:05:13] Trustee Luckham (probable): My name is Peter Ruffin, I'm the chair of the committee, I'm elected on Cedis Island
[0:05:17] Trustee Luckham (probable): in the Penelaguan Latch and Territory.
[0:05:20] Trustee Luckham (probable): And it's been a start of introductions today
[0:05:22] Trustee Luckham (probable): with we have some guests from the name of First Nation.
[0:05:27] Trustee Luckham (probable): We've got Elder Geraldine Manson.
[0:05:29] Trustee Luckham (probable): Thank you for joining us today.
[0:05:31] Trustee Luckham (probable): And Elder Max Settler.
[0:05:33] Trustee Luckham (probable): And thank you very much for joining us today.
[0:05:36] Trustee Luckham (probable): And we have Staff Member Hannah Holstein here as well.
[0:05:39] Trustee Luckham (probable): So really appreciate you being here with us today.
[0:05:42] Trustee Luckham (probable): And we have a place on the agenda
[0:05:45] Trustee Luckham (probable): agenda for you to address the local trust committee as local government to local government
[0:05:51] Trustee Luckham (probable): and and then we have application on the agenda day today that I know you're interested in
[0:05:57] Trustee Luckham (probable): and we are going to advance it up the schedule because I know you're committed to have some
[0:06:02] Trustee Luckham (probable): other commitments today and so we'll go advance that up to immediately after the public comment
[0:06:07] Trustee Luckham (probable): period so if that's all right I'll go to introductions here we've got Toby Elliott
[0:06:13] Trustee Luckham (probable): good morning toby good morning everyone toby elliott
[0:06:16] Trustee Luckham (probable): and we got uh susan yates good morning
[0:06:19] Trustee Elliott: everyone um just want to say how grateful i am to be living and working in the new york territory
[0:06:28] Trustee Luckham (probable): okay and now on the staff side we've got renee jamara our regional planning manager and stephen
[0:06:33] Trustee Luckham (probable): bauer part of the planner and joining us online also elected sorry vanessa is uh vanessa craig
[0:06:39] Trustee Luckham (probable): I'm Director of the Nanaimo Regional District and Electoral Area Director for Gabriola.
[0:06:47] Trustee Luckham (probable): And so thank you for joining us today.
[0:06:49] Trustee Luckham (probable): I know that you're also short of time today, but I'm glad you can be here to start the meeting.
[0:06:58] Trustee Luckham (probable): All right.
[0:06:58] Trustee Luckham (probable): So I have an agenda before us, and I'll just ask if there's any amendments or deletions from the agenda.
[0:07:05] Trustee Elliott: We want to switch around the applications.
[0:07:09] Trustee Luckham (probable): Yeah, we're just going to proceed with that.
[0:07:11] Trustee Luckham (probable): don't need to amend the agenda we can adjust the agenda as seen fit and so immediately after public
[0:07:17] Trustee Luckham (probable): comment period we will go directly to applications and we'll go to 8.2 um and then we'll return to
[0:07:24] Trustee Luckham (probable): our regular um scheduled um events that's all right okay so um then i'm going to adopt the
[0:07:34] Trustee Luckham (probable): agenda as uh presented by general consent and again acknowledging that we're meeting here on
[0:07:40] Trustee Luckham (probable): Coast Salish Territory broadly across the Alamance Trust but specifically here it's the name of
[0:07:45] Trustee Luckham (probable): territory and really honoured and humbled to be here. So trustee reports is the first item and
[0:07:51] Trustee Luckham (probable): I'll turn to the trustees to let us know what's going on.
[0:07:54] Trustee Elliott: Thank you Trustee Elliott, thank you
[0:07:56] Trustee Elliott: Chair Leckert. I'll try to be as quick as possible going from the more general to the local.
[0:08:03] Trustee Elliott: On Saturday March 4th we attended a really interesting forum on Salt Spring Island on
[0:08:10] Trustee Elliott: collaborative politics and the title was collaborative politics are possible and
[0:08:16] Trustee Elliott: the two guest speakers were Adam Olson MLA for Saanich North and the islands
[0:08:22] Trustee Elliott: and Christine Boyle a Vancouver City Councillor since 2018 and I've been
[0:08:28] Trustee Elliott: following Christine's work for a number of years I know who she is through other
[0:08:32] Trustee Elliott: avenues and I love how she reaches across party lines to get things done I
[0:08:38] Trustee Elliott: I also really appreciate how Adam Olson does the same thing.
[0:08:41] Trustee Elliott: So listening to the two of them for about 45 minutes
[0:08:45] Trustee Elliott: and then listening to the audience's questions
[0:08:48] Trustee Elliott: on how do we get more collaborative politics
[0:08:51] Trustee Elliott: as we currently spiral downwards in a polarized society
[0:08:56] Trustee Elliott: was really helpful.
[0:08:58] Trustee Elliott: And so
[0:08:59] Trustee Elliott: I left that meeting feeling quite uplifted.
[0:09:04] Trustee Elliott: Next thing to report on was
[0:09:07] Trustee Elliott: It was April 24th meeting between the Executive Committee of the Islands Trust and the Islands Trust Conservancy, and both Trustee Elliott and I are board members.
[0:09:20] Trustee Elliott: I thought it was a great meeting, and we were addressing the climate change and what Trust Council and what the Conservancy can do to always keep climate change at the forefront of our deliberations.
[0:09:36] Trustee Elliott: and that's really important to me that was a great meeting um to briefly mention and i'm sure my
[0:09:45] Trustee Elliott: fellow trustees will too that our next trust council meeting june 18th to 20th is on salt
[0:09:51] Trustee Elliott: spring and that will be the 50th anniversary of the island's trust there will be a transport
[0:09:58] Trustee Elliott: canada presentation on abandoned vessels i'm sure that will be interesting
[0:10:02] Trustee Elliott: And there'll be delegations and public comments at that meeting.
[0:10:07] Trustee Elliott: I do believe some pretty influential people have been invited from those nations and other
[0:10:16] Trustee Elliott: government agencies, and I hope they're able to come to that meeting.
[0:10:21] Trustee Elliott: I have fond memories of the 20th anniversary of the Edmunds Trust when I was a trustee
[0:10:28] Trustee Elliott: at that time.
[0:10:30] Trustee Elliott: So I'm sometimes amazed but very glad that Ireland's Trust has survived all these years.
[0:10:39] Trustee Elliott: Let's see, oh next thing I should mention is our May 30th, the update and draft policy statement
[0:10:46] Trustee Elliott: that is the guiding bylaw for the whole Ireland's Trust area. It guides our official community plans.
[0:10:52] Trustee Elliott: We will have an online discussion, an all-day online discussion of that. It is of course the
[0:10:57] Trustee Elliott: This is the policy statement that has not been updated in 30 years and so he's sorely lacking in topics like reconciliation and climate change and affordable housing. So I'm looking forward to that.
[0:11:14] Trustee Elliott: Now down to the more local. I'm looking forward to May 31st visit of some Islands Trust Conservancy
[0:11:26] Trustee Elliott: staff who will be monitoring the three covenants that they are a part of on Ile d'Ivoire Island.
[0:11:33] Trustee Elliott: That would be Bruins Acres, Cokes Marsh and Siouxeen Spey Nature Reserve and I'll be joining
[0:11:41] Trustee Elliott: and I'll be meeting Emily McLean who's a third-year biology student and a co-op student
[0:11:47] Trustee Elliott: who's working with the Islands Trust Conservancy. I'm always so glad we meet when the budget approves
[0:11:53] Trustee Elliott: a co-op student because we get more than we get more more than our worth when we
[0:12:01] Trustee Elliott: Lastly, I
[0:12:05] Trustee Elliott: am on a fairy advisory committee, and we have been struggling with BC Fairies to, since they decided that they're not going ahead with the terminal upgrades until at least 2028,
[0:12:24] Trustee Elliott: eight we have been struggling with them to just get them to do some safety upgrades on the
[0:12:31] Trustee Elliott: neighborhood terminal side some lines painted a crosswalk better lighting um and it seems to me
[0:12:39] Trustee Elliott: that the only thing that's happened to date i could be wrong is that they they painted the new
[0:12:45] Trustee Elliott: motorcycle staging lines but we did ask for that as well we do have a meeting a public meeting
[0:12:51] Trustee Elliott: scheduled for this location on June 25th where apparently we are going to be
[0:12:58] Trustee Elliott: discussing immediate changes to terminal safety. So after almost a year and a half
[0:13:05] Trustee Elliott: we think this could be happening. I'm looking forward to that. I expect that
[0:13:12] Trustee Elliott: Regional District Chair Vanessa Craig will talk about the parks and open
[0:13:17] Trustee Elliott: in the spaces advisory committee meeting that we had a couple of weeks ago it was a great meeting
[0:13:23] Trustee Elliott: it's a really good team of staff and gabriel community representatives i'm not going to those
[0:13:29] Trustee Elliott: meetings and i was um very happy to hear about the discussion on the field access options for
[0:13:38] Trustee Elliott: all sorts of people young people old people everybody to play more field sports on gabriela
[0:13:45] Trustee Elliott: less so it's it's looking like everyone's working towards um an all-weather practice field to be
[0:13:53] Trustee Elliott: developed at Willamal Clay and that was a unanimous vote and we're part of the LOSAC
[0:13:59] Trustee Elliott: committee so that was great I'm looking forward to that and it looks like perhaps there will be
[0:14:04] Trustee Elliott: other possibilities for an improved play space area as we go through the Master of Arts plan
[0:14:11] Trustee Elliott: And as we go through the Gabriel official community climate as well, and my my happiness, I think my happiest news of that meeting was that the planned 707 community park wildfire mitigation demonstration will be discontinued.
[0:14:29] Trustee Elliott: To because there's apparently other much more effective wildfire mitigation strategies to implement.
[0:14:35] Trustee Elliott: from it. So I'm really glad. I was not happy about that. And the new village way path needs
[0:14:45] Trustee Elliott: signage to discourage adult cyclists to stay off the path, because it's really meant for
[0:14:54] Trustee Elliott: pedestrians and scooters. So I'm sure that will happen. And lastly, I did write a letter
[0:15:04] Trustee Elliott: with regard to the veritory multi-property on Gabriel Island,
[0:15:10] Trustee Elliott: but I will address that later when this is also on the agenda.
[0:15:13] Trustee Luckham (probable): Thank you.
[0:15:14] Trustee Luckham (probable): Thank you very much, Trustee Yates.
[0:15:17] Trustee Luckham (probable): Trustee Elliott, over to you.
[0:15:19] Trustee Elliott: Sure. Thank you, Chair.
[0:15:21] Trustee Elliott: It's a very short report.
[0:15:24] Trustee Elliott: I continue to participate in our CAO hiring committee,
[0:15:27] Trustee Elliott: as all members of the executive are.
[0:15:32] Trustee Elliott: The draft policy statement, thank you for mentioning that, it's a phenomenal document,
[0:15:40] Trustee Elliott: so I was grateful to be sent a full, or the works with all the supporting materials, which,
[0:15:49] Trustee Elliott: so this is on the public agenda for May 30th, the really significant part is that it, to
[0:15:57] Trustee Elliott: to my view, centers the perspectives and the voices of Indigenous people who have given us
[0:16:04] Trustee Elliott: their input and comment. And so, as Susan said, this hasn't been updated in 30 years.
[0:16:11] Trustee Elliott: Most of the bylaws that we have, OCPs, do not sufficiently reference the rights of Indigenous
[0:16:18] Trustee Elliott: peoples. And so this is a significant rewrite. It is only the first draft. But again, it was put
[0:16:26] Trustee Elliott: put together with input from members of First Nations who chose to comment, to participate,
[0:16:34] Trustee Elliott: and then trustees will have a look at it. And then it's going to go for public comment. This
[0:16:38] Trustee Elliott: is going to be a very long process. So this is not a first. Nobody needs to get jumping up and
[0:16:44] Trustee Elliott: down. But it's the first iteration. We have to have something to look at to be able to debate.
[0:16:51] Trustee Elliott: And so that's happening May 30th. So I encourage you to go to the website, look under meetings, and then you'll find it in the agenda there.
[0:17:03] Trustee Elliott: Locally, as we've had last month's LTC meeting, we really focused on the much community issues.
[0:17:14] Trustee Elliott: I was pleased to listen to a much whole town hall meeting April 27th and I just want to report out that it was excellently facilitated.
[0:17:24] Trustee Elliott: They have some really great representation from a community group that's formed through an election process.
[0:17:31] Trustee Elliott: And so I'm looking forward to working with them as we move through sort of the bylaw amendment policy process with staff.
[0:17:42] Trustee Elliott: so they're advancing that and they're very keen to work with trustees so it was a very positive
[0:17:48] Trustee Elliott: meeting um and then we have coming up for our community a very significant event oceans day
[0:17:57] Trustee Elliott: on june 8th will be hosted on this the name of the first nation loser number five
[0:18:05] Trustee Elliott: ocean day is on june 8th um and that will be on uh the sfn reserve number five and that's jointly
[0:18:15] Trustee Elliott: organized by cinema first nation and dfo and so there will be cooked fish i believe and bannock
[0:18:23] Trustee Elliott: and presentation even demonstrations lots for the kids to do i went last year and they
[0:18:29] Trustee Elliott: They demonstrate a remote-operated robot vehicle that went underwater and does baseline mapping.
[0:18:38] Trustee Elliott: And then the FFN Marine Division will be there and sharing what they do in their projects.
[0:18:45] Trustee Elliott: So I was going to ask if staff, perhaps we could have any of our staff present.
[0:18:52] Trustee Elliott: It is a Saturday to sort of make connections.
[0:18:55] Trustee Elliott: and as we go into our OCP review this might be the opportunity to build some relationship
[0:19:01] Trustee Elliott: and learn about SFN's priorities with marine and foreshore work so that's sort of just flagging
[0:19:09] Trustee Elliott: that for the future and another event later in the month I've been asked by the name of Elder
[0:19:18] Trustee Elliott: or Gary Manson if I'd be if the Gabriela community would be willing to um host a fundraiser for
[0:19:26] Trustee Elliott: the tribal journeys that um close every year and so I said yes of course and so I'll be helping to
[0:19:34] Trustee Elliott: organize that uh and the date is set now for June 28th and so that's a Friday before the long weekend
[0:19:43] Trustee Elliott: before everybody well hopefully um the beach won't be too crowded um and the plan is to have shifts
[0:19:51] Trustee Elliott: of um families and youth go out in the canoe uh skippered by um adam's son uh i believe adam
[0:20:01] Trustee Elliott: sorry gary's son adam and really to share some stories on the land and stories about this place
[0:20:08] Trustee Elliott: and what tribal journeys is all about and what that is it's it's it's a they provide this cultural
[0:20:15] Trustee Elliott: practice of coastal indigenous nations um that travel from community to community and going south
[0:20:22] Trustee Elliott: and they have um families and teams in canoes going to different communities in that over 10
[0:20:30] Trustee Elliott: days and this year they're landing in pullay up washington so they're looking to raise about
[0:20:35] Trustee Elliott: ten thousand dollars and so the gabriel community we're going to do an event and um we'll do our
[0:20:41] Trustee Elliott: part to uh to support this important youth initiative it's going to be at twin beaches
[0:20:48] Trustee Elliott: 28 yeah so it'll be fun um putting together yeah so lots happening and i think that's it for my
[0:21:01] Trustee Luckham (probable): So I actually have very little to add to what the local trust committees have provided with respect to what's going on in the Allens Trust area as well as here, of course.
[0:21:10] Trustee Luckham (probable): And certainly the policy statement is exciting work and the recruitment of a new CAO for the Allens Trust is a big challenge for us, a time for opportunity for change.
[0:21:20] Trustee Luckham (probable): we're looking forward to that um and so that's uh concludes really anything that i have to offer
[0:21:26] Trustee Luckham (probable): really uh a pleasure and honor for me to be here i'm going to go to electoral area director vanessa
[0:21:32] Trustee Luckham (probable): craig who's joined us online here so you might want to speak up and to make sure everybody in
[0:21:37] Trustee Luckham (probable): the room can hear you um
[0:21:40] Voice 5: thank you chair luckham and uh thank you for letting me join in i'm
[0:21:44] Voice 5: joining you from the shared traditional territories of the sunni namak and snanaas first nation um
[0:21:50] Voice 5: So I did provide a written report, which Trustee Yates, actually, a lot of it was just focused on the POZAC discussions.
[0:22:00] Voice 5: And so Trustee Yates covered the top two issues that I identified.
[0:22:08] Voice 5: Also, I neglected to put in there just that we're looking to move forward with taking over management of all of our points.
[0:22:18] Voice 5: Moti got a jump on us and has unfortunately removed the picnic tables, but we'll be trying
[0:22:24] Voice 5: to get those replaced as soon as possible. But because of ordering timelines, it might be up to
[0:22:31] Voice 5: a couple of months, unfortunately. The last thing I just wanted to flag for you was just that we're
[0:22:37] Voice 5: entering into a phase with the potential. We're going to be looking for community input over the
[0:22:43] Voice 5: next few months about the or adding yard waste to the organic waste cart so um as you as you know
[0:22:51] Voice 5: when we have the green waste organic cart um the rdn is allowed now that you can top it top it up
[0:22:57] Voice 5: with yard waste and we've actually been hearing quite a bit of feedback even from people on
[0:23:01] Voice 5: gabriola that are interested in potentially being able to expand that so um we're going to be doing
[0:23:09] Voice 5: analyses. And it's actually interesting because they track all of the quantities of green waste
[0:23:16] Voice 5: that go to the depot in Nanaimo. And it's a significant increase. So people seem to be
[0:23:23] Voice 5: taking advantage of that, which has all sorts of fire smart benefits. And so over the next few
[0:23:30] Voice 5: months and with community input, there'll be a survey done later in the year. We'll be assessing
[0:23:35] Voice 5: whether or not people would be interested in the option to have larger carts where they could put
[0:23:39] Voice 5: but even more yard waste in them.
[0:23:41] Voice 5: And I know that it's not universal.
[0:23:43] Voice 5: Some people really like to keep their yard materials
[0:23:47] Voice 5: and compost it and develop that on island,
[0:23:50] Voice 5: but there's a significant amount of interest,
[0:23:54] Voice 5: not just elsewhere in the RDN,
[0:23:56] Voice 5: which is, but also on Gabriola of people
[0:24:00] Voice 5: who are interested in being able to do that as well.
[0:24:03] Voice 5: So again, thank you for allowing me to join you
[0:24:06] Voice 5: and sorry i'm having to join in remotely today well
[0:24:11] Trustee Luckham (probable): thank you very much for um taking the time
[0:24:14] Trustee Luckham (probable): to join us today um so we have a standing item on our agenda um for first nations reports and
[0:24:20] Trustee Luckham (probable): nations to speak to the local trust committee about issues that are important to them and
[0:24:25] Trustee Luckham (probable): very pleased and honored to have elders general dean manson and elder max settler and staff member
[0:24:33] Trustee Luckham (probable): member Hannah Poulsen joining us today and so this is your opportunity on the agenda to address the
[0:24:38] Trustee Luckham (probable): local trust committee of issues of importance to you and also the application that is on our agenda
[0:24:46] Trustee Luckham (probable): today associated with Center Stage Holdings subdivision and this would be your opportunity
[0:24:52] Trustee Luckham (probable): to speak to that so I'll turn the floor over to you if you want to introduce yourself or just
[0:24:56] Trustee Luckham (probable): speak to issues that would be fantastic so I'll let you determine who wants to go first
[0:25:02] Trustee Luckham (probable): My
[0:25:04] Voice 1: name is Max Settler. I'm a member of the Elders Advisory Group and I'm with First Nations
[0:25:11] Voice 1: here for observation and interpretation. I used to deal with this matter a long time ago,
[0:25:19] Voice 1: 20-25 years ago. I assume the problem is still the same. The developer that wants to go ahead
[0:25:27] Voice 1: had with these projects and First Nations group
[0:25:30] Voice 1: was cultural concerns, styling these procedures.
[0:25:35] Voice 1: So I assume that's the matter we're discussing today,
[0:25:40] Voice 1: same as it was 20 years ago,
[0:25:42] Voice 1: and probably not progressed anymore as 20 years ago.
[0:25:47] Voice 1: Hopefully today we'll bring about some resolve
[0:25:50] Voice 1: or a point towards resolve.
[0:25:53] Voice 1: Thank you.
[0:25:54] Voice 1: Thank you.
[0:26:03] Voice 8: My traditional name is Satasya. As you know, Geraldine Manson, I too am here to represent
[0:26:15] Voice 8: Sunaimo Advisory Council. As Max mentioned, he is an elder that sits on this advisory group for
[0:26:27] Voice 8: person, Emo, as I, who hold the importance of this advisory group is to hold knowledge,
[0:26:35] Voice 8: history, within our traditional territory.
[0:26:40] Voice 8: And yes, we are here with our landsperson, Hannah.
[0:26:47] Voice 8: And through all the documents, like my elder, Max, has mentioned, 20 years, 20 years plus,
[0:26:56] Voice 8: us, that this issue is still at the forefront of us, like a thorn in your side, or no resolution
[0:27:07] Voice 8: of coming together as one, not smote. This land that we are discussing is very important
[0:27:17] Voice 8: important to us. It is land that it had inland, it had burials at the block, where one still
[0:27:30] Voice 8: is in the crevice of the rock. I only know the history of this because I was part of
[0:27:36] Voice 8: that repatriation of those remains and how we were called there to take them, but also
[0:27:47] Voice 8: and also the spirituality of the land and the bluffs below the land and above.
[0:27:55] Voice 8: This land base, yes, it now has the ownership of an individual who owns a land.
[0:28:07] Voice 8: And at times we felt that they're taking the land and taking it as their land.
[0:28:15] Voice 8: land. However, we as Indigenous people, the Soliquin tribe, who goes back in time, they
[0:28:26] Voice 8: chose this space for burial. They chose this space because of the spirituality and significance
[0:28:34] Voice 8: of the land, which we believe is still with us. We believe everything our Soliquin ancestors
[0:28:46] Voice 8: has just left us the evidence of what takes place in this space it is disheartening to know that
[0:28:58] Voice 8: this whole conversation's been at the forefront and nothing's been dealt with what covenants is
[0:29:06] Voice 8: on the mountain what is it what is it protecting i don't know but i know what a covenant is
[0:29:17] Voice 8: and to hear why I'm here because to hear the more development has been taking place on this land
[0:29:25] Voice 8: without being consulted through our leadership to our lands department where no one came together
[0:29:31] Voice 8: yes maybe a letter was sent but the protocol of something as important as this
[0:29:39] Voice 8: needs to come in person knocking on that door of our leadership we really would like to sit down
[0:29:47] Voice 8: only meet with you. And it not only goes to the ownership of the man but through the trustees
[0:29:54] Voice 8: because there has been vehicle.
[0:30:00] Voice 8: cracks where Cova Coa happens. First and second readings taking place. Was the nation involved?
[0:30:11] Voice 8: Were they part of that discussion? No. We, the Salaquan ancestors, who we are the descendants of,
[0:30:23] Voice 8: stay out. False Narrows, a village claim, includes this area. But it shows me the disrespect
[0:30:38] Voice 8: that is not acknowledged. So name of unceded territory of this island. Because it's not
[0:30:48] Voice 8: only this space, but right around the island is evidence of the journey of the Soliquin
[0:30:54] Voice 8: people, our ancestors. So we would like to come at the forefront to be in discussion as always.
[0:31:08] Voice 8: We do have a strong team working in this area and we want to be acknowledged in that.
[0:31:19] Voice 8: I could go further, but I'll leave it up there.
[0:31:27] Trustee Luckham (probable): Thank you for joining us today,
[0:31:30] Voice 10: bringing
[0:31:31] Trustee Luckham (probable): us this important message in your care for the
[0:31:35] Trustee Luckham (probable): loved ones that are on the land here.
[0:31:43] Trustee Luckham (probable): Okay, so I want to move into a public comment period now.
[0:31:48] Trustee Luckham (probable): Pardon me.
[0:31:49] Voice 19: Excuse me.
[0:31:50] Voice 19: Sorry to interrupt.
[0:31:52] Voice 19: My name is Conchatsia.
[0:31:54] Voice 19: I just wanted to point out that our guests have modestly explained to us the work that
[0:32:04] Voice 19: they do, but we do have in our presence a former chief and an honored representative
[0:32:11] Voice 19: from Snuneymo, who is a published author, and I think that that brings into high relief
[0:32:17] Voice 19: the significance of the words, and I just didn't want to miss the opportunity by passing
[0:32:23] Voice 19: that over.
[0:32:26] Trustee Luckham (probable): Thank you for that. Yeah, appreciate you reminding us of that and the significance of
[0:32:35] Trustee Luckham (probable): this moment where Max will join us today. So, and I don't know if Hannah Olson, if you want to say
[0:32:43] Trustee Luckham (probable): anything at this time or not.
[0:32:44] Trustee Elliott: Yeah, I can't hear. My apologies,
[0:32:51] Voice 3: I'm pretty soft spoken.
[0:32:52] Voice 3: perhaps if you stood up not to put you on the spot
[0:32:57] Voice 22: um
[0:32:59] Voice 3: yeah my name is Hannah Paulson apologies
[0:33:01] Voice 3: um some lights off spoken at times um I just wanted to echo what um Geraldine and Max shared
[0:33:08] Voice 3: with us um we have responded to this uh referral this application and um it's the nation's position
[0:33:16] Voice 3: that do not consent to this subdivision being approved by Islands Trust and yeah like there
[0:33:28] Voice 3: has been a very long history with this property in this place and you know the ties to the land
[0:33:41] Voice 3: predate the establishment of Islands Trust. The presence of settlers on this island
[0:33:53] Voice 3: dates back thousands of years since time immemorial. So I'm looking forward to hearing
[0:34:01] Voice 3: what will be presented by Islands Trust and I just again echo what Geraldine and Max shared with us.
[0:34:13] Trustee Luckham (probable): Thank you, Hannah. Thank you for you and your colleagues work on this file. It's important for us that this is being undertaken. We certainly have received it in kind and looking at it very closely. And we'll be discussing it further today.
[0:34:29] Trustee Luckham (probable): Shall I proceed to the public comment period?
[0:34:34] Trustee Luckham (probable): so we're going to go to public comment period here now and um if there's uh our process for
[0:34:40] Trustee Luckham (probable): the honest justice if you want to speak to items that are on our agenda today um that usually has
[0:34:45] Trustee Luckham (probable): a precedent and then if there's uh items that you wish to speak to us that are in uh stream uh with
[0:34:51] Trustee Luckham (probable): us that may not be on today's agenda we're happy to hear about that and then other matters that may
[0:34:56] Trustee Luckham (probable): not be on any agenda but are within the jurisdiction of the island's trust we would like to hear from
[0:35:01] Trustee Luckham (probable): me on those subjects and always in our public meetings we ask you to respect everybody that's
[0:35:06] Trustee Luckham (probable): in the room and those that are joining us online and choose your words carefully and with
[0:35:11] Trustee Luckham (probable): consideration and kindness and um i'm going to turn to the floor and i see one gentleman's hand
[0:35:16] Trustee Luckham (probable): up is there anybody else at the moment that wishes to address the ltc in the first row here
[0:35:21] Trustee Luckham (probable): and over on the side there all right sir i'm over to you your name speaks to the record uh scott
[0:35:27] Trustee Luckham (probable): over. So Islands Trust up
[0:35:32] Voice 17: until a couple of years ago.
[0:35:33] Voice 17: Yes, past trustee looking a little different today.
[0:35:36] Voice 17: And I'm honored to be here with our guests and I'm humbled by
[0:35:40] Voice 17: their words. I want to speak to four big picture items directed
[0:35:44] Voice 17: at the LTC and the approvals officer on the problem. Number
[0:35:48] Voice 17: one, we don't need more single user exclusive housing on this
[0:35:52] Voice 17: island housing needs assessments have shown a complete
[0:35:56] Voice 17: complete discrepancy and imbalance in the types of housing we have. We do not have affordable
[0:35:59] Voice 17: housing. Please do not. For the health of this island and the current residents and
[0:36:08] Voice 17: future residents and seniors of one age in place, this type of housing must be balanced.
[0:36:13] Voice 17: Second of all, any time pre-existing development takes place without permission, where it's
[0:36:22] Voice 17: in contradiction of the local bylaws and the provincial regulations applications to then expand
[0:36:28] Voice 17: that development should not be seen until the land is returned to its prior state and those
[0:36:33] Voice 17: vital considerations and and all that intensive destructive work has been rectified or dealt with
[0:36:41] Voice 17: that's not the case uh third third of all uh as a
[0:36:46] Voice 1: member of the
[0:36:46] Voice 17: former ltc uh we sent a letter
[0:36:49] Voice 17: It's on the public record saying there are conditions that must be met, including the
[0:36:53] Voice 17: consent of the nation.
[0:36:54] Voice 17: Those conditions have not been met.
[0:36:56] Voice 17: You must live up to that letter, as must the developers and the Google officer.
[0:37:00] Voice 17: That's not the case.
[0:37:03] Voice 17: And then the big one is the 2005 decision to trade this land, all of the pressure that
[0:37:10] Voice 17: we feel as decision makers with, here's the checklist that you must do, and then everything
[0:37:15] Voice 17: must proceed.
[0:37:16] Voice 17: see, it's all layered on top of a disrespect going back to 1874,
[0:37:23] Voice 12: right,
[0:37:25] Voice 17: that we've got
[0:37:27] Voice 17: all these regulations that we feel that we must live up to, we haven't lived up to our
[0:37:32] Voice 17: initial word and treat. So it's disingenuous and disrespectful in the extreme to now come
[0:37:38] Voice 17: and say, we have to do this because they've met these pieces of what we haven't met, we
[0:37:44] Voice 17: in the doctoral room and if this goes forward and this is a message for trusts and the province
[0:37:52] Voice 17: and everything i will spend every dollar of my personal money in this court because
[0:38:01] Voice 17: and i've heard from first-hand provincial lawyers has rights entitled and i would not be
[0:38:17] Voice 17: acting on behalf of Sinebog, they have the capacity and the care to speak for themselves.
[0:38:27] Voice 17: I want to speak for Canadians and taxpayers whose word has not been kept.
[0:38:32] Voice 17: And we've been placing this position for generation upon generation. It's kind of that stuff.
[0:38:37] Voice 17: Thank you,
[0:38:38] Trustee Luckham (probable): Scott. Thank you for joining us today. In the front row here.
[0:38:44] Trustee Luckham (probable): here.
[0:38:45] Voice 21: Thank you. My name's Nancy Hetherington-Pierce. I have two comments on two separate agenda
[0:38:56] Voice 21: items. So first of all, the center stage holdings one. I'd just like to say that I strongly
[0:39:06] Voice 21: support the second recommendation of sending your comments to the provincial approving
[0:39:16] Voice 21: officer, and specifically, I would encourage you to state to that officer that they recognize
[0:39:26] Voice 21: the same impersonation's right to free, prior, and informed consent, and that their consent-based
[0:39:34] Voice 21: decision-making framework be followed before any permission for subdivision is granted.
[0:39:43] Voice 21: So that's my comment on that one.
[0:39:45] Voice 21: The other one is the Wildrose Nursery application, starting on page 38.
[0:39:53] Voice 21: And on page 42, it mentions that the applicant would establish one of the residences for affordable housing via affordable housing agreement.
[0:40:06] Voice 21: And so basically, because it says would and not perhaps or might be interested in,
[0:40:14] Voice 21: And I'm just wondering the reasons that in your proposed,
[0:40:18] Voice 21: in staff's proposed draft OCP amendment,
[0:40:23] Voice 21: there is not also included a stipulation
[0:40:27] Voice 21: that a housing agreement between the LTC
[0:40:32] Voice 21: and the owner of the property is required
[0:40:37] Voice 21: for one of the, at least or whatever,
[0:40:39] Voice 21: one of the two dwellings.
[0:40:40] Voice 21: um uh speaking as a member of the gabriel housing society that stipulation is in the
[0:40:49] Voice 21: uh ocp amendments for the paisley place property it's right in the ocp so that's a i'm using that
[0:41:00] Voice 21: as a uh a comparison so that's my question that maybe you could consider i mean i recognize this
[0:41:10] Voice 21: is just the first draft but i wanted to speak up now about it thank you okay thank you very much
[0:41:17] Voice 2: and over on the side here yeah i'm just not my name is don gallerian but the legend is my wife
[0:41:26] Voice 2: um senator told me i'm not sure if i should just make my comments at the time of the application
[0:41:34] Voice 2: you can prefer them now well
[0:41:36] Trustee Luckham (probable): we will um provide you uh of course there's two items that we're
[0:41:41] Trustee Luckham (probable): be discussing today on that section, the agenda one is your development permit, and you would
[0:41:46] Trustee Luckham (probable): have an opportunity to speak to the development permit. The referral is to us to provide our
[0:41:53] Trustee Luckham (probable): comments to the ministry, the approving officer. And so I think if you have some remarks about
[0:42:01] Trustee Luckham (probable): that, this would be the time to do that piece. All right. In
[0:42:06] Voice 2: that case, first of all, to
[0:42:08] Voice 2: to Geraldine and Elder Settler, I'm very pleased you are here today, and I respect everything you said.
[0:42:17] Voice 2: I do wonder, I know that Geraldine was on our site, I'm not sure what year, 2002 maybe, I think Geraldine,
[0:42:28] Voice 2: with a group of dollars. I wonder, Elder Settler, if you were there, for that was, it was back a long time,
[0:42:36] Voice 2: was a great memory of my own.
[0:42:39] Voice 1: I may have been there then, four years ago again.
[0:42:44] Voice 2: You were there, I think we had you over on the last visit with several other fellows.
[0:42:50] Voice 1: Yes, Bill White.
[0:42:52] Voice 2: Well, I enjoyed the visit then, I just didn't remember the face, but I remember the visit.
[0:42:58] Voice 2: So I'm so pleased you are here, so we can hear directly from you, so we can hear from you directly.
[0:43:05] Voice 2: Yes.
[0:43:05] Voice 1: That's
[0:43:05] Voice 2: my problem with this entire issue.
[0:43:12] Voice 2: Yeah, so you'll focus your attention to us.
[0:43:15] Voice 2: I will.
[0:43:15] Voice 2: My problem with this issue is not the issues of the elders and race.
[0:43:22] Voice 2: I've been here several times and raised with all of you
[0:43:25] our
[0:43:26] Voice 2: effort for 20 years to try to understand the problem,
[0:43:30] Voice 2: to invite elders from other First Nations
[0:43:33] Voice 2: from other First Nations to have ceremonies,
[0:43:37] Voice 2: invite some animals to those ceremonies.
[0:43:41] Voice 2: I think I've had at least three visits
[0:43:43] Voice 2: with numerous elders to the site.
[0:43:46] Voice 2: We've gone through a process of discussing
[0:43:49] Voice 2: the First Nations wish to buy all or part of the land
[0:43:52] Voice 2: on three occasions.
[0:43:53] Voice 2: They have not been successful for reasons
[0:43:56] Voice 2: which I don't really understand other than
[0:43:58] Voice 2: we couldn't get to the end of the process.
[0:43:59] Voice 2: us. I think we appreciate the value of this property. I think as much as anyone can. I
[0:44:10] Voice 2: don't want to say we value it as much as the First Nation, but we understand the value
[0:44:16] Voice 2: of this property in part because of all the First Nations members who've had to share
[0:44:20] Voice 2: their understanding and melody with us. And in terms of covenants and in terms of consultation
[0:44:28] Voice 2: patient and coming together, no one wishes more that somehow this would not have come together
[0:44:36] Voice 2: with all of this process that really divides us unnecessarily. And the inability to communicate
[0:44:45] Voice 2: directly with the First Nation over the last year really makes it complicated because our
[0:44:51] Voice 2: consultant communicates with Ministry of Transportation and the MoCHA communicates
[0:44:56] Voice 2: this First Nation and it gets in the hands of people who have no real direct connection
[0:45:01] Voice 2: to what I think a common goal of ours with the First Nation is, is how to protect this
[0:45:07] Voice 2: land.
[0:45:09] Voice 2: So I don't criticize the First Nation, I criticize the system because it puts us in a position
[0:45:16] Voice 2: where we're distant from each other and not able to sit down and really solve the problems.
[0:45:23] Voice 2: In terms of communication, the First Nation met with MOTR quite some time ago.
[0:45:33] Trustee Luckham (probable): You know, Donna, I think you need to focus on the Development Permit.
[0:45:38] Trustee Luckham (probable): Well, I am.
[0:45:38] Trustee Luckham (probable): Okay, I'm sort of giving you some latitude to paraphrase
[0:45:43] Trustee Luckham (probable): situationally, but just remind you to focus on the Development Permit.
[0:45:47] Trustee Luckham (probable): Well, I guess I can be more concise.
[0:45:50] Trustee Luckham (probable): I'm sorry. No, I'm mistaken here, actually. I apologize, because you will have a chance
[0:45:57] Trustee Luckham (probable): if it's in the development permit in the other session. So please go ahead. My apologies.
[0:46:02] Trustee Luckham (probable): Thank you.
[0:46:04] Voice 2: I just want to say this. I'm only addressing the public comments that I've heard.
[0:46:09] Voice 2: That's what I'm doing right now, I think.
[0:46:12] Trustee Elliott: Yeah,
[0:46:12] Trustee Luckham (probable): I think we actually need to address.
[0:46:15] Trustee Luckham (probable): it's
[0:46:16] Trustee Elliott: your perspective that we're looking for not speaking to others of members of the public yeah we
[0:46:20] Trustee Luckham (probable): will make our own interpretation of public
[0:46:22] Voice 2: comment yeah okay i think what i'm trying to do
[0:46:27] Voice 2: is address myself yeah to the committee yeah some of the comments i've heard here earlier
[0:46:34] Voice 2: to give our perspective of the issues as they relate to our property so go ahead i think what
[0:46:44] Voice 2: the two points that I just heard that there's no covenant on the property and that there's
[0:46:52] Voice 2: been no consultation and the note has come together. So I just want to address those
[0:46:58] Voice 2: three things by saying there is a covenant on the title already in favor of the Islands
[0:47:05] Voice 2: Trust that sets out certain criteria, one of which is that we, before subdivision, enter
[0:47:12] Voice 2: a covenant with the Heritage Branch. The Heritage Branch is supposed to do their work with the
[0:47:18] Voice 2: First Nation. We did that work. We entered the draft covenant. The First Nation was involved
[0:47:28] Voice 2: in the consultation process of this project. From the very beginning of the rezoning application,
[0:47:36] Voice 2: They insisted on having direct government-to-government consultation.
[0:47:43] Voice 2: They had that with trust, and the result of that was the covenant we entered into.
[0:47:48] Voice 2: And I'm not saying that there's consultation today, but to say there wasn't consultation
[0:47:54] Voice 2: is a huge understatement.
[0:47:59] Voice 2: the the coming together and i thought we had a pretty good relationship with senegal
[0:48:12] Voice 2: for many years and it's only been recently maybe in the last year where this relationship had
[0:48:20] Voice 2: become so difficult because we were talking about the approval of some division and their
[0:48:26] Voice 2: interest in buying the land that's where this conversation has gotten complex
[0:48:32] Voice 2: We haven't made progress on that issue, and we got into this environment where the First
[0:48:38] Voice 2: Nation has refused to communicate with us.
[0:48:41] Voice 2: They want everything to go through MOTI, and I think that has complicated this even more.
[0:48:46] Voice 2: So I appreciate what's been said, and I understand from that point of view.
[0:48:52] Voice 2: From our point of view, we wish there was open communication and we could sit down at
[0:48:58] Voice 2: the table and understand what issues have not yet been addressed.
[0:49:01] Voice 2: and all I can say is
[0:49:05] Voice 2: Sonoma representatives met with
[0:49:07] Voice 2: MOTF within the last
[0:49:09] Voice 2: seven, eight months, submitted a letter
[0:49:11] Voice 2: confirming all of their concerns.
[0:49:13] Voice 2: That came to us and our consultants.
[0:49:16] Voice 2: We responded to
[0:49:17] Voice 2: every single issue
[0:49:20] Voice 2: and we had no response.
[0:49:24] So it's
[0:49:25] time
[0:49:26] Voice 2: for us
[0:49:28] Voice 2: to sit down directly with these people
[0:49:29] Voice 2: and really understand if there's anything
[0:49:32] Voice 2: we've missed, what they don't
[0:49:34] Voice 2: accept what we've responded but we're in the dark and we'd like to have some light so um you know i
[0:49:51] Voice 2: think um i think all i can say is i think it's a it's a time where and the first nations have
[0:49:57] Voice 2: responded to the trust with respect to their concerns about the dp and my view is what i
[0:50:05] Voice 2: hope is that this DP would be approved, that these referrals go to MLTI. With all of the
[0:50:14] Voice 2: issues that you're aware of with the First Nation, go to MLTI and let's get them solved
[0:50:20] Voice 2: there because that's what's holding us up. We can't meet with the First Nation because
[0:50:27] Voice 2: they insist on only dealing with MLTI and we have responded to MLTI, they've responded
[0:50:35] Voice 2: the first nation and we've had no response and yet what's being said here that we have not
[0:50:42] Voice 2: communicated and not responded and i think we've addressed every single issue we've been aware of
[0:50:47] Voice 2: sorry so i don't know what more we can do other than someone saying they don't want to be developed
[0:50:54] Voice 2: and if we don't want it developed at all which i think is what i'm hearing
[0:50:59] Voice 2: then everyone's going to have to make a decision and let's let them make it
[0:51:03] Voice 2: I think if that happens, I think maybe that will enable the First Nation and us and MOTI to sit down and see what issues we need.
[0:51:18] Voice 2: My own sense is it doesn't matter what the issue is.
[0:51:21] Voice 2: I think the First Nation doesn't want to develop.
[0:51:25] Voice 2: I think that's the bottom line.
[0:51:27] Voice 2: And if it is, we should just say it and put it on the table.
[0:51:32] Voice 2: and and and if we can't work on a solution which it appears we can't because the mansion wasn't
[0:51:37] Voice 2: fortunate to come to us the only way now is to sit down and get it and see what we missed
[0:51:43] Voice 2: yeah i think the way that this time maybe a little force that's all that about conversation
[0:51:52] Voice 2: thank you okay
[0:51:56] Trustee Luckham (probable): um other public comment yes
[0:51:59] Voice 6: thank you uh a couple of comments of
[0:52:04] Voice 7: my personal reaction, there was a comment made about development that's taken place
[0:52:17] Voice 7: on the land and
[0:52:18] Trustee Elliott: having to restore it, et cetera. Unfortunately, you know, unfortunately for
[0:52:26] Trustee Elliott: the person that said that, the bulk of that took place when we had the L.A.s on this property
[0:52:33] Trustee Elliott: and were done legally and under the supervision of engineers and MOTI and the approvals of the same.
[0:52:44] Trustee Elliott: It was never completed and the time period lapsed. But this has happened more than once.
[0:52:51] Trustee Elliott: So, you know, all these hysterical things get stated all the time that are inaccurate and untrue.
[0:52:57] Trustee Elliott: and uh just to evoke emotion or some sense of righteousness or vengeance or whatever it is
[0:53:06] Trustee Elliott: um extremely inaccurate and the other thing is i find it extremely hypocritical and extremely
[0:53:14] Trustee Elliott: amusing to sit in the same room with people that live like right in alvarado right on a small lot
[0:53:25] Trustee Elliott: lot, and have bought and sold property there, and the people they sold property there to,
[0:53:34] Trustee Elliott: the land is covered with cisterns and trailers and shacks, and just covered, like the percentage
[0:53:45] Trustee Elliott: percentage of coverage is amazing and yet I'm being criticized for wanting to do 60 acres and
[0:53:55] Trustee Elliott: five acres and two and a half acres
[0:53:57] Voice 8: with great respect to
[0:54:02] Trustee Elliott: what's on our property and take making
[0:54:06] Trustee Elliott: that all into mind but there's there's several people here that are in this this audience alone
[0:54:12] Trustee Elliott: own that are in exactly the opposite situation and i i just find it the height of hypocrisy sure
[0:54:21] Trustee Luckham (probable): okay is that it yes okay thank you um all right anybody else wish to address the local trust
[0:54:29] Trustee Luckham (probable): committee today all right and let us continue with our business then and we've re-scheduled
[0:54:37] Trustee Luckham (probable): the agenda a little bit here and we'll come back to pick up with the minutes and business
[0:54:41] Trustee Luckham (probable): business arising later, but I am going to go directly to item 8.2 in our agenda, applications
[0:54:48] Trustee Luckham (probable): and referrals. That's page 111 of the package. And that's the Gabriela Development Permit 2021.1.
[0:54:58] Trustee Luckham (probable): And there's a staff report that we've all read. And I know that both trustees have done an awful
[0:55:05] Trustee Luckham (probable): lot of work in preparation for this meeting, reading material that goes back many, many,
[0:55:10] Trustee Luckham (probable): many years and we appreciate and we just want to acknowledge and appreciate that work i'm going to
[0:55:14] Trustee Luckham (probable): turn to staff to introduce the report and probably summarize it we've all read it and uh and then
[0:55:22] Trustee Luckham (probable): that'll set the stage for the conversation here um for the development permit and i guess we'll
[0:55:27] Trustee Luckham (probable): address the development permit first and then i'll provide the opportunity to the applicant
[0:55:31] Trustee Luckham (probable): to speak to the development permit and then we'll uh opportunity then we'll
[0:55:35] Trustee Luckham (probable): exist. But she used to see an applicant for staff. You're
[0:55:45] Trustee Luckham (probable): going to carry this one.
[0:55:47] Voice 7: So regrets to the island planner, Simon Zupanich. She's
[0:55:52] Voice 7: unable
[0:55:52] Trustee Elliott: to attend this meeting today. So I'll be speaking when
[0:55:56] Trustee Elliott: we have the staff report. So the staff report before the
[0:56:00] Trustee Elliott: request committee is
[0:56:02] Voice 7: for this development permit application.
[0:56:09] Voice 7: For the development permit application for Center Stage 1,
[0:56:12] Trustee Elliott: staff have provided a summary of the application for the development permit in addition to capturing
[0:56:22] Voice 7: updated subdivision land.
[0:56:25] Voice 7: out part of that to also recommend a referral response for the subdivision staff completed
[0:56:36] Voice 7: for the recommendation a technical review of the development from area guidelines as well as the
[0:56:43] Voice 7: regulations for the subdivision review and have provided a recommendation on the staff report
[0:56:49] Voice 7: report to prove issuance of the development permit and due to the significant concerns
[0:56:57] Voice 7: heard from SNAP First Nation about cultural and heritage values on the property. It also
[0:57:04] Voice 7: included comments through a subdivision referral response. Which is both, both items are attached
[0:57:13] Voice 7: in information
[0:57:14] Trustee Elliott: to the staff report and also included in the staff
[0:57:18] Voice 7: report are
[0:57:20] Voice 7: additional factors for the LBC to consider if you wish to add additional comments to the technical reviews
[0:57:27] Voice 7: or recommendations from staff
[0:57:29] Voice 7: to supplement the subdivision referral results going to the
[0:57:36] Voice 7: administrative, administrative application. Happy to go through
[0:57:47] Voice 7: more information.
[0:57:55] Trustee Luckham (probable): Thank you.
[0:57:57] Trustee Luckham (probable): I'll turn to the applicant, Don Gatley. Do you have any remarks
[0:58:04] Trustee Luckham (probable): with respect to the recommendation that's contained
[0:58:08] Trustee Luckham (probable): in our report regarding the development?
[0:58:13] Trustee Luckham (probable): Okay, so thank you very much. So, trustees, how would you like to proceed today?
[0:58:22] Trustee Elliott: I have a question for staff, and I've sent to you a proposed motion, but I would ask the chair if we can actually consider the referral comments to the subdivision first,
[0:58:37] Trustee Elliott: first because my position is that the DP application we might be able to reach a compromise
[0:58:45] Trustee Elliott: well I'll say at the outset I'm not going to vote in favor of issuing the DP absolutely not
[0:58:54] Trustee Elliott: and I would ask staff why you recommend issuance of the DP that recommendation has been consistent
[0:59:00] Trustee Elliott: from the very beginning and we've questioned this from every single side we understand that the DP
[0:59:07] Trustee Elliott: It has no criteria that is informed by cultural heritage.
[0:59:13] Trustee Elliott: It's technical in nature, but it is a condition of subdivision.
[0:59:20] Trustee Elliott: Would it not make sense to consider issuing the permit only if the PAO approves a subdivision
[0:59:32] Trustee Elliott: and the First Nation,
[0:59:36] Trustee Elliott: Senehook First Nation is satisfied
[0:59:38] Trustee Elliott: with the consultation
[0:59:42] Trustee Elliott: and consents to the project.
[0:59:46] Trustee Elliott: Can the LTC at that point
[0:59:49] Trustee Elliott: issue a DP on those conditions?
[0:59:56] Voice 7: So through the chair, the question is...
[1:00:00] Voice 7: and is it is a possible option to consider issuing an ep with condition with a condition
[1:00:08] Voice 7: that the approving officer is satisfied not
[1:00:13] Trustee Elliott: the approving officer well on condition that a
[1:00:16] Trustee Elliott: the approving officer approves a subdivision so that's actually the question that i would
[1:00:23] Trustee Elliott: argue we should debate first our comments on the subdivision referral
[1:00:26] Trustee Elliott: And B, that's the New York First Nation is satisfied with the consultation and has given consent to the proposed development.
[1:00:36] Trustee Elliott: So at the conclusion of that process, the LTC withholds issuance of the permit.
[1:00:46] Trustee Elliott: And the precedence for this is the North Pender LTC that put a condition on the covenant that they were required to sign with the North Pender LTC.
[1:00:56] Trustee Elliott: in the James Island subdivision, but they did not sign it until and unless the subdivision
[1:01:05] Trustee Elliott: or the PAO approved the subdivision and the SAO First Nation consented.
[1:01:11] Trustee Elliott: So it was a condition of subdivision approval, which did not get approved.
[1:01:18] Voice 7: Through the Chair, the rationale for the recommendation through the staff report,
[1:01:24] Voice 7: report. Trustee Elliott summarized that well. It's regarding specific guidelines for the
[1:01:33] Voice 7: development permit area. Previous staff reports have also flagged our technical nature. There's
[1:01:41] Voice 7: a thought that they don't capture enough of what's needed to address concerns for this
[1:01:48] Voice 7: development permit area and for the concerns what's happening on the site on this particular
[1:01:53] Voice 7: your property in the land. So what I can provide for information and advice is based on the
[1:02:02] Voice 7: legislation and not development permit process. That the conditions to be set for the development
[1:02:09] Voice 7: permit would have to be related to the condition itself. Conditions set that would require
[1:02:17] Voice 7: require approval of a subdivision may not be able to be upheld through the development
[1:02:25] Voice 7: of the program. Requiring a condition of subdivision approval for a development permit process-wise,
[1:02:36] Voice 7: the approving officer needs a clear decision from the LPC about their development permit.
[1:02:48] Voice 10: Can
[1:02:50] Trustee Luckham (probable): I ask a further question on that because Trustee Elliott raises the point about the
[1:02:56] Trustee Luckham (probable): And I think you used the language precedent set in the North Pender situation where a covenant signature was withheld.
[1:03:04] Trustee Luckham (probable): And so can you clarify for me the difference between a covenant and a development variance permit and why that may or may not be significant in this case?
[1:03:18] Voice 7: through the chair i'm also reflecting on we're pulling in another example
[1:03:24] Voice 7: that we haven't addressed right in the stock performance through this application
[1:03:28] Voice 7: as that's a potential approach option so i may not be able to give you that alternative
[1:03:35] Voice 7: information at this time um the difference and second the difference between a covenant
[1:03:41] Voice 7: and a development variance is a covenant is a legal document that's registered on the title
[1:03:50] Voice 7: of a legal title of a feasible piece of land so that that could be a restrictive covenant
[1:03:56] Voice 7: section 219 the development variance permit is a legislative process so that's to
[1:04:03] Voice 7: to vary a zoning regulation or a subdivision regulation in the local trust's land use file, for example.
[1:04:14] Voice 7: That would be where you would, an instance where you would apply for a development variance to vary a zoning regulation.
[1:04:27] Voice 7: So two totally different
[1:04:28] Voice 7: tools or instruments. One is they're both legal in the legislation.
[1:04:36] Voice 7: Covenants are used for a different purpose than a variance permit application.
[1:04:43] Trustee Luckham (probable): Okay. There's lots to think about on this and unwrap here. And so Toby, you may have
[1:04:52] Trustee Luckham (probable): some, want to evolve that question, but I'll turn to Susan Yates to see if you have any
[1:04:57] Trustee Luckham (probable): questions.
[1:04:57] Trustee Luckham (probable): each time
[1:04:59] Trustee Elliott: i too was thinking of the james island example but i realized that the difference is that
[1:05:04] Trustee Elliott: this particular development permit relates to steep slopes that's what we're dealing with
[1:05:11] Trustee Elliott: and as unhappy as we may be that it that the permit itself may be inadequate that is what
[1:05:18] Trustee Elliott: exists and that's what we're dealing with i um like trustee elliott i would really like to deal
[1:05:28] Trustee Elliott: with number two before we deal with the development permit but they're not they're not really related
[1:05:37] Trustee Elliott: in that way I mean they are related because they both relate to the entire application
[1:05:42] Trustee Elliott: but the purpose of each of them is quite different recognize that I know we could
[1:05:51] Trustee Elliott: probably get an extension on the subdivision referral response which might be helpful so
[1:05:58] Trustee Elliott: So I'm having a really difficult time with this, I have had for a long time, because
[1:06:04] Trustee Elliott: this report meets the technical requirements of the development permit, but it doesn't
[1:06:11] Trustee Elliott: meet the moral obligations of our job, and I can't reconcile that,
[1:06:20] Voice 12: I just can't.
[1:06:26] Trustee Elliott: and we we've made a reconciliation declaration in 2019 trust council made that declaration
[1:06:33] Trustee Elliott: the gabriel island local trust committee made it the islands trust conservancy made it
[1:06:38] Trustee Elliott: and all of these bodies are committed to the principles of reconciliation and we are falling
[1:06:49] Trustee Elliott: falling short of that. Because we are constrained by these legislative requirements. And so
[1:07:02] Trustee Elliott: I totally acknowledge that the applicant deserves to have the development permit issued according
[1:07:13] Trustee Elliott: to the technicalities of the conditions that they have met. I cannot allow myself to make
[1:07:26] Trustee Elliott: that decision at this meeting it will be morally and ethically wrong and i do i do appreciate the
[1:07:37] Trustee Elliott: staff report it's very complete it's it's detailed it explains exactly what we should be doing
[1:07:46] Trustee Elliott: technically and legally but
[1:07:51] Voice 8: yeah so let me carry on my thoughts or just
[1:07:59] Trustee Luckham (probable): want to
[1:08:02] Trustee Luckham (probable): acknowledge the applicant who's raised his hand however you were provided an
[1:08:07] Trustee Luckham (probable): opportunity to speak to the development permit earlier as our normal process and
[1:08:12] Trustee Luckham (probable): unless I have a question for you I'm not soliciting a response from you but I so
[1:08:18] Trustee Luckham (probable): So I'm not sure how to handle that,
[1:08:20] Trustee Luckham (probable): but I'd like to continue to evolve this conversation
[1:08:23] Trustee Luckham (probable): amongst ourselves here as the appropriate mechanism.
[1:08:27] Trustee Luckham (probable): And if a question comes up, we can ask a question of you
[1:08:29] Trustee Luckham (probable): and we'd be grateful for an answer.
[1:08:34] Voice 6: I
[1:08:35] Trustee Luckham (probable): just want to say...
[1:08:35] Voice 7: Before we deal with it, we're dealing with moral and ethical
[1:08:38] Voice 7: in an administration process.
[1:08:43] Trustee Elliott: And we're trying to follow your rules and regulations.
[1:08:48] Trustee Elliott: and spend a great deal of time and money on this
[1:08:51] Trustee Elliott: and have been greatly misled.
[1:08:54] Trustee Elliott: So I think
[1:08:55] Voice 19: there's a moral and ethical duty to us too,
[1:08:57] Voice 19: because we're people too,
[1:08:59] Voice 19: and we deserve respect for moral and ethical treatment.
[1:09:04] Voice 19: So we're following your process, so.
[1:09:09] Trustee Luckham (probable): Okay, so I thank you for your comments
[1:09:11] Trustee Luckham (probable): and I understand that and I'm respecting
[1:09:14] Trustee Luckham (probable): your immediate comments here.
[1:09:15] Trustee Luckham (probable): here. However, I think it's not news to you that this is a difficult decision for us for reasons
[1:09:24] Trustee Luckham (probable): beyond the guidelines that has been articulated in previous meetings. Sure. So
[1:09:31] Voice 2: if I do get a chance
[1:09:33] Voice 2: to go, what I want to address is the long difficulty, because I think the answers are,
[1:09:38] Voice 2: I think I can help resolve that
[1:09:41] Voice 2: more in a different way.
[1:09:43] Trustee Luckham (probable): So fair enough.
[1:09:45] Trustee Luckham (probable): However, I'm not sure that you can resolve that,
[1:09:49] Trustee Luckham (probable): but because that belongs to each individual differently.
[1:09:56] Trustee Luckham (probable): So I just want to say,
[1:09:58] Trustee Luckham (probable): and then I'll come back to you, Toby,
[1:10:00] Trustee Luckham (probable): just to try and help the conversation along.
[1:10:02] Trustee Luckham (probable): There is a difficulty,
[1:10:03] Trustee Luckham (probable): and whether you call it a moral or ethical difficulty,
[1:10:06] Trustee Luckham (probable): I don't know.
[1:10:06] Trustee Luckham (probable): I think of it as a legislative and governance encumbrance in that, as was mentioned by Scott Colbert, we are being constrained by governance that has evolved since 1874 and of which the legislation requires certain that.
[1:10:31] Trustee Luckham (probable): That, in fact, the inadequacy here, I would suggest, is not associated with the applicant or the application specific,
[1:10:38] Trustee Luckham (probable): but is associated with our very own guidelines associated with the approval of a development permit.
[1:10:43] Trustee Luckham (probable): They did not embrace some of these values that are being considered here today by the LTC.
[1:10:53] Trustee Luckham (probable): And there's not a mechanism for us to bring those values to the table as part of the guidance that we take through regulation that is
[1:11:04] Voice 10: now clearly outdated.
[1:11:06] Trustee Luckham (probable): And certainly our opportunity exists for us somewhere in the future, today or tomorrow, to change the rezoning and change the guidelines in order to make better decisions in the future.
[1:11:16] Trustee Luckham (probable): But today we're here with this decision.
[1:11:18] Trustee Luckham (probable): And so that's sort of an introduction to that. Indeed, the subdivision regulation approving officer has the authority to approve this subdivision layout and the development permit is a requirement of the approval of that subdivision layout.
[1:11:36] Trustee Luckham (probable): I have asked the same question that Toby has asked, but similarly, is can that ultimate decision about the approval of the development permit be finally signed off and approved post-approval of the subdivision?
[1:11:49] Trustee Luckham (probable): That seems like a reasonable thing because, of course, what I'm hearing from the name of First Nation is do not alter the land.
[1:11:57] Trustee Luckham (probable): Do not make any further spiritual, physical changes to the land.
[1:12:02] Trustee Luckham (probable): And the development permit offers the opportunity for you with or without subdivision approval to make alterations to the land.
[1:12:11] Trustee Luckham (probable): And that's a conundrum that just exists from the way the regulations are designed and had not taken into consideration the values which Jeff Elder Manson has expressed to us about the nature of the land and the place and who the covenant is for and how is any covenant that exists protecting the interests of the nations.
[1:12:37] Trustee Luckham (probable): And I would suggest that it doesn't protect the interests of the nations, it protects the interests of the Adams Trust.
[1:12:43] Trustee Luckham (probable): And those are the problems that we're grappling with at this table.
[1:12:46] Trustee Luckham (probable): And it's very difficult, and we need to find a way to get through this.
[1:12:52] Trustee Luckham (probable): I also, I concur with the recommendations from staff that we should approve the development permit.
[1:12:59] Trustee Luckham (probable): Whether we do or not is another question, because it does require a majority vote to facilitate that.
[1:13:05] Trustee Luckham (probable): that. The bigger question in our mind is approval of the subdivision itself. And certainly we have
[1:13:12] Trustee Luckham (probable): some remarks that we want to make about that. And Trustee Elliott, you suggested that we should
[1:13:17] Trustee Luckham (probable): have those remarks out in the open prior to looking at the development permit. But let's
[1:13:23] Trustee Luckham (probable): maybe wrap up this conversation about the development permit. We can certainly defer
[1:13:27] Trustee Luckham (probable): that till we've had the conversation about the subdivision approval and then pick that up and
[1:13:31] Trustee Luckham (probable): and then make a determination one way or the other.
[1:13:34] Trustee Luckham (probable): I don't have any troubles with that process
[1:13:36] Trustee Luckham (probable): and I think that's adequate as far as staff is concerned.
[1:13:40] Voice 12: So
[1:13:40] Trustee Luckham (probable): let's go back to you, Toby.
[1:13:43] Trustee Luckham (probable): Thank you for enduring my thoughts.
[1:13:48] Trustee Luckham (probable): It's one of those difficult process
[1:13:51] Trustee Luckham (probable): and we wanna do the right thing.
[1:13:54] Trustee Luckham (probable): And we've heard today continuously since 2005,
[1:13:59] Trustee Luckham (probable): very strongly from the nation.
[1:14:01] Trustee Luckham (probable): and it's time to respect that, in my opinion, in whatever way that is.
[1:14:09] Trustee Elliott: So I have spent a lot of time digging into the history that we have on record,
[1:14:17] Trustee Elliott: and I proposed to my colleagues that we respond to the MOTI file
[1:14:26] Trustee Elliott: and deeming the subdivision application as not being in the public interest
[1:14:31] Trustee Elliott: and that the LTC would not support it.
[1:14:34] Trustee Luckham (probable): So maybe
[1:14:35] Trustee Luckham (probable): as a part of the process, just to be more formal, right,
[1:14:37] Trustee Luckham (probable): so that everybody's clear what we're doing.
[1:14:39] Trustee Luckham (probable): So what we're asking, what we're suggesting is that we defer the development permit
[1:14:42] Trustee Luckham (probable): until we've had
[1:14:45] Voice 13: a discussion about the...
[1:14:46] Voice 13: Yeah, oh, I thought
[1:14:47] Trustee Elliott: we were moving to that, right?
[1:14:48] Voice 13: No, I was giving you that opportunity to ask
[1:14:51] Voice 13: for that, not the LTC.
[1:14:53] Trustee Elliott: Could we consider the development permit after we've considered...
[1:14:59] Trustee Luckham (probable): So let's proceed then to the sub-division approval.
[1:15:03] Trustee Elliott: Great, okay. So I did send you nine points, and it's quite a long document. Five of them relate to the history of the file that has to do with the passing of the by-law that allowed or allocated 49 lots to the subject properties in 2005.
[1:15:24] Trustee Elliott: 2005, and the lack of consultation, which I put squarely on the shoulders of the Islands Trust
[1:15:32] Trustee Elliott: in that process. The fifth point, I'll read it out loud, is that the local trust committee
[1:15:39] Trustee Elliott: acknowledges, I would ask that we acknowledge today, there was inadequate, deeply inadequate
[1:15:47] Trustee Elliott: adequate consultation with the first nation in 2005 in the development and adoption of bylaws
[1:15:54] Trustee Elliott: that allowed a density swap and a covenant to be negotiated between center stage holdings
[1:15:59] Trustee Elliott: and islands trust in the absence of comment or consultation with these dynamic first nation
[1:16:06] Trustee Elliott: and in spite of their request for more time to consider the matter with more than a 30-day
[1:16:13] Trustee Elliott: referral. And I just want to reiterate that this was a very speedy consideration for an incredibly
[1:16:22] Trustee Elliott: significant density transfer. 40 days from first to third reading. This is not ever heard of. I've
[1:16:33] Trustee Elliott: never experienced something that fast. And the nation was first alerted to this on April 11th
[1:16:41] Trustee Elliott: with a letter from Elder Geraldine Matson, who was a councillor then,
[1:16:45] Trustee Elliott: saying, we've heard that you are undertaking this process
[1:16:49] Trustee Elliott: and we've had no referral, we've had no comments from the Islands Trust.
[1:16:54] Trustee Elliott: What is going on?
[1:16:56] Trustee Elliott: And the bylaws went through third reading
[1:17:00] Trustee Elliott: with all the community consultation here on Gabriola.
[1:17:04] Trustee Elliott: And after that, Chief John Wesley issued a press statement
[1:17:09] Trustee Elliott: statement saying, what is happening? Have you given first and second readings to a bylaw that
[1:17:17] Trustee Elliott: gives away our most sacred lands? So the lack of meaningful consultative process by the local
[1:17:23] Trustee Elliott: trust committee and decision makers of the day included a failure to communicate information
[1:17:30] Trustee Elliott: in a timely way that allowed the nation to actually be part of the process and be developing
[1:17:37] Trustee Elliott: those bylaws together or have any comment so that's all in the history um but that's what
[1:17:45] Trustee Elliott: trust former trustee scott colburn was reflecting on that we have predicated everything on a
[1:17:52] Trustee Elliott: framework of non-consent absolutely and that continues to this day and if we make a decision
[1:18:01] Trustee Elliott: and say well it conforms to our bylaws today it's conforming to a fundamental non-consent
[1:18:08] Trustee Elliott: and the nation has been clear when we talk about archaeological sites we're talking about
[1:18:15] Trustee Elliott: ancestors these are not sites that can be separated out like pinpricks on a map and
[1:18:22] Trustee Elliott: distinguished with 30 meters or 50 meters or 100 meters the whole area is sacred it is all connected
[1:18:31] Trustee Elliott: connected to their culture to their sense of well-being today so i go into that to say that
[1:18:40] Trustee Elliott: we recognize that it reconciliation is a learning journey and i don't want to pinpoint any one person
[1:18:49] Trustee Elliott: and say you did wrong in the day we didn't know as much then there was not the appreciation of
[1:18:55] Trustee Elliott: aboriginal rights and title and how central it is there has been a sea change in our understanding
[1:19:01] Trustee Elliott: now. It's much more central, but there was no acknowledgement of how important Sinema's voice
[1:19:08] Trustee Elliott: must, should have been in that day. So I do say that that lack of consultation in that process
[1:19:16] Trustee Elliott: to allow those 49 lots to be allocated to the subject properties was wrong. And that should
[1:19:22] Trustee Elliott: be rectified with this local trust committee today. So that's the number one reason. I have
[1:19:28] Trustee Elliott: many others about the prioritization of parkland and green space over sacred areas. The conversation
[1:19:36] Trustee Elliott: in our community was all about how much parkland we would get. And the one quote that I would say
[1:19:44] Trustee Elliott: from Chief John Wesley at the time, it just is so accurate and it is a question that we are still
[1:19:52] Trustee Elliott: having to circle today he said in 2005 it appears that the developers are
[1:19:59] Trustee Elliott: proposing to create a new park in the middle of the island in return for a
[1:20:03] Trustee Elliott: higher density development around our sacred sites we appreciate the public
[1:20:08] Trustee Elliott: interest in parks but sacred sites should be protected first otherwise it
[1:20:14] Trustee Elliott: will be hard to avoid the conclusion that our sacred sites and the graves of
[1:20:19] Trustee Elliott: of ancestors are being sacrificed
[1:20:22] Trustee Elliott: to meet the public interest in green space
[1:20:24] Trustee Elliott: and the developer's interest in profit.
[1:20:28] Trustee Elliott: And later in our agenda, we have a petition circling
[1:20:32] Trustee Elliott: in this community wanting to create a green burial
[1:20:35] Trustee Elliott: ground for our people on what is unceded lands, land that
[1:20:41] Trustee Elliott: is not ceded by the name of First Nation.
[1:20:43] Trustee Elliott: And the irony cannot be missed.
[1:20:45] Trustee Elliott: We are still having the same conversation today
[1:20:48] Trustee Elliott: that our community asks for green space and a place to bury our dead while we traded it's the
[1:20:55] Trustee Elliott: name of burial place for a park that is wrong unjust and we must undo this so i will not
[1:21:05] Trustee Elliott: support any further development on those lands and i will submit my comments if my colleagues agree
[1:21:12] Trustee Elliott: it is backed by the words of chiefs going back to 2005 there is strong evidence
[1:21:18] Trustee Elliott: evidence. The nation has never consented, and that will be held up in courts. We know that.
[1:21:24] Trustee Elliott: 200 court cases to date. We really want to test this. I don't.
[1:21:32] Voice 22: We're going to.
[1:21:34] Voice 8: How do you say?
[1:21:36] Trustee Luckham (probable): Thank you. That's your choice.
[1:21:42] Voice 2: It's very difficult when someone from the chair makes a legal statement.
[1:21:49] Voice 2: How do I not challenge that?
[1:21:53] Voice 2: You have. Thank you.
[1:21:55] Voice 2: I just don't like the comments being left out there. There's a whole bunch of things here that I find very offensive. How do I address that?
[1:22:03] Trustee Elliott: Sorry, but it is our discussion right now about the referral response, and I think you have had your say.
[1:22:09] Voice 2: I had to say before anyone, you made your comments. How do I address your comments in this process? That's what I'd like to know.
[1:22:16] Trustee Luckham (probable): Because they're out there.
[1:22:17] Trustee Luckham (probable): there. And I think you've seen the documentation and the letters from 2005. We're not, Trustee
[1:22:26] Trustee Luckham (probable): Elliott is just articulating messaging that we've received.
[1:22:30] Voice 2: I understand. She's eliminating hundreds of documents that say other things than that. That
[1:22:38] Voice 2: was 2005.
[1:22:42] Voice 12: And I believe
[1:22:43] Voice 2: in the process.
[1:22:44] Voice 2: I'm going to keep the conversation at this table. Yeah.
[1:22:47] Voice 2: But it's just this selective picking the document to support a position without us being able to respond, it makes it very difficult for us.
[1:22:56] Trustee Luckham (probable): That's all. We're making a referral to the approving officer and you can respond to the approving officer.
[1:23:01] Trustee Luckham (probable): And I think my comment to all of this is really this.
[1:23:05] Voice 2: I think all those comments should go to Imhotep. I respect all of that.
[1:23:10] Voice 2: But let me say this, MLKI is responsible to approve a subdivision, but they have to follow
[1:23:22] Voice 2: the legal principles of consultation.
[1:23:25] Voice 2: So the moral argument isn't even here, because the same obligation, you don't have the same
[1:23:31] Voice 2: legal obligation, but MLKI has a legal obligation to consult and accommodate and
[1:23:38] Voice 20: all the issues
[1:23:39] Voice 2: of reconciliation.
[1:23:40] Voice 2: affiliation. That's where this should take place. Yes.
[1:23:43] Voice 2: Where they have all the facts and all the
[1:23:45] Trustee Luckham (probable): history. Right. And we want,
[1:23:47] Trustee Luckham (probable): all we want to do is make sure that they have what we know. Yes. And
[1:23:50] Trustee Luckham (probable): I'm good with that. Right. But let's get it there. Well, that's the plan, I think. And so, you know,
[1:23:56] Trustee Luckham (probable): I will, I will comment and I thank you for it, that you said that if, if Moti turns this
[1:24:01] Trustee Luckham (probable): application down, that that'll put us into a new place to have another conversation. And that's
[1:24:06] Trustee Luckham (probable): That's ultimately where we need to go.
[1:24:08] Voice 19: So while you're addressing
[1:24:11] Trustee Elliott: this issue and making it sound like something was rushed
[1:24:17] Trustee Elliott: through that people in the audience here participated in and they know it was well over the years
[1:24:25] Trustee Elliott: so far and lots of public consultation and
[1:24:29] Voice 7: lots of outreach to the First Nations.
[1:24:31] Trustee Elliott: that that that gets missed but and so i would like to know what your respect and morals to us
[1:24:43] Trustee Elliott: who have now been put in this position of the uh the trust now being extremely woke or whatever
[1:24:53] Trustee Elliott: they are um so do we get part of the park back or how do we how do we resolve this fairly for
[1:25:01] Trustee Elliott: all the parties included, because this has taken 20 years of our life, all of our money,
[1:25:10] Trustee Elliott: all of our family's money, and all this abuse.
[1:25:15] Trustee Elliott: And so how do we get considered in this?
[1:25:20] Trustee Elliott: That's not a small matter.
[1:25:22] Trustee Elliott: Fair question.
[1:25:23] Trustee Luckham (probable): That is not a small matter, and all of it absolutely doesn't need to be resolved.
[1:25:28] Trustee Luckham (probable): all. Yeah, I just want to add to her
[1:25:29] Voice 2: comment. I think it's really critical and it's important
[1:25:32] Voice 2: for the First Nation here too. We didn't do this as a developer to make money. That's
[1:25:38] Voice 2: the misconception. We did this to protect 700 acres of land that we felt was critically
[1:25:45] Voice 2: environmentally sensitive land. And we paid an awful lot of money for that land and the
[1:25:51] Voice 2: community, First Nations and the trust all approved. We would never have paid for that
[1:25:57] Voice 2: park and dedicated it had we not thought consultation had been fully done right and
[1:26:03] Trustee Luckham (probable): trustee elliott said right at the beginning that the burden of this falls on the shoulders of the
[1:26:08] Trustee Luckham (probable): honest trust doesn't fall upon and so let's resolve this and so you know we can uh um
[1:26:18] we we're being asked by modi to comment on the referral of the subdivision and
[1:26:25] Trustee Luckham (probable): um we will do
[1:26:27] Trustee Luckham (probable): that with a pretty clear conscience so um on the subdivision approval and comments to the approving
[1:26:38] Trustee Luckham (probable): officer um you presented a document uh characterized that i think probably needs to be
[1:26:46] Trustee Luckham (probable): flushed out a little bit more and maybe working with staff to uh frame it um with respect to that
[1:26:56] Trustee Luckham (probable): if what you're saying is this is not in um you know we use the language which is always a
[1:27:03] Trustee Luckham (probable): cumbersome thing for me we use the language not in the public interest but i think what we're saying
[1:27:08] Trustee Luckham (probable): is that this is not in the first nations uh it's the name of first nations interest um because they
[1:27:13] Trustee Luckham (probable): have not been to be consulted on the most sacred place on gabriel um and um i think the approving
[1:27:24] Trustee Luckham (probable): officer may be very critical of the islands trust and its process and how it ended up being here
[1:27:31] Trustee Luckham (probable): and then we will have to deal with that accordingly but that's another story yet to unfold
[1:27:37] Trustee Luckham (probable): if the approving officer agrees with us that's in the name of first nation was inadequately
[1:27:41] Trustee Luckham (probable): consulted through this entire development process and if we owe an apology to the applicant for
[1:27:47] Trustee Luckham (probable): leading them astray then that maybe is also something that comes into course so what would
[1:27:54] Trustee Luckham (probable): you like to do?
[1:27:54] Trustee Elliott: Just a quick comment before we make that decision. I just wanted to assure the applicant
[1:28:01] Trustee Elliott: and also to assure SNMU attendees here today that all three of us have
[1:28:10] Trustee Elliott: thoroughly read every document going even further back than 2005 and considered them
[1:28:20] Trustee Elliott: I at great length really and truly the one thing I can say that I was shocked at was the 40-day
[1:28:30] Trustee Elliott: referral we asked for 60 days for a gravel cut referral those 30 days for the three readings
[1:28:37] Trustee Elliott: it was a 30-day referral yeah a 30-day referral that is
[1:28:41] Trustee Elliott: unacceptable there's lots of and that's on
[1:28:45] Trustee Elliott: us for sure but that was one that just jumped out at me he's like you know you can't it takes
[1:28:51] Trustee Elliott: me 30 days to read through this agenda so there were so many so many errors made um and a lot of
[1:29:03] Trustee Elliott: them most of them were due just to the constrictions of governance that we were tied to
[1:29:11] Trustee Elliott: but we make land use decisions differently now we said that we are going to make them different we
[1:29:19] Trustee Elliott: We are going to make them do that because we have committed to reconciliation.
[1:29:26] Trustee Elliott: Now, there's a number of things, even in the agenda, that I might not agree with as far as First Nations consultation.
[1:29:34] Trustee Elliott: But this is really important to me, looking back from history.
[1:29:43] Trustee Elliott: And I clearly understand the difference between the development permit for steep slopes.
[1:29:52] Trustee Elliott: at that and
[1:29:54] Voice 3: the subdivision application and I'm sorry that there's so
[1:30:00] Voice 3: tied to each other. Yeah.
[1:30:05] Trustee Elliott: That's all I'm going to say right now. I
[1:30:08] Trustee Elliott: like your motion, Trustee
[1:30:11] Trustee Elliott: Elliott. I think maybe we can work on it for lunch break. So would you like me to read
[1:30:18] Trustee Elliott: out the...
[1:30:18] Trustee Luckham (probable): If you want to articulate that, it's our motion, and then we can see if there's
[1:30:22] Trustee Luckham (probable): a move or a seconder.
[1:30:23] Trustee Elliott: So I'll go to, I have three resolutions prepared.
[1:30:27] Voice 7: Yes, sir. We can
[1:30:28] Voice 7: can get that on the screen i did
[1:30:32] Trustee Elliott: send them to you lisa yes
[1:30:37] Voice 23: one moment i will get them on the screen
[1:30:39] Voice 23: through the chair document
[1:30:41] Trustee Elliott: draft resolutions and comments demotee so if you could go to resolution
[1:30:45] Trustee Elliott: three um and for each one of these points um there is a rationale that's coming from the
[1:30:54] Trustee Elliott: documentation and with respect to your comments that um were cherry picking uh because the central
[1:31:02] Trustee Elliott: and core concern remains the name of first nations um the fact that they had never consented to this
[1:31:10] Trustee Elliott: uh the documents do rest on the words of these chiefs and elders who have stated unequivocally
[1:31:17] Trustee Elliott: over the years that they don't consent so the pao will have all the other documents that you refer
[1:31:23] Trustee Elliott: refer to in the technical reports. It was the words of
[1:31:27] Trustee Elliott: Santa Monica elders and chiefs that are the supportive
[1:31:34] Trustee Elliott: references or
[1:31:36] Trustee Elliott: the rationale that we might consider today. And it's, of course,
[1:31:40] Trustee Elliott: it's not exhaustive. It is just my best attempt
[1:31:44] Trustee Elliott: to frame this in a way that
[1:31:48] Trustee Elliott: will honor what we've been hearing all along.
[1:31:51] Trustee Elliott: And,
[1:31:53] Trustee Luckham (probable): you know, I think the thing that has the most significance to me is that what we've heard today is just exactly the same thing that has been heard in the past.
[1:32:10] Trustee Luckham (probable): And admittedly, those decisions are in the past, but the fact of the matter is, is the
[1:32:17] Trustee Luckham (probable): name of First Nation with the current application for subdivision, the current layout of that
[1:32:26] property, they
[1:32:29] Trustee Luckham (probable): are not in support of it.
[1:32:30] Trustee Luckham (probable): And so regardless of previous decisions, a future subdivision may meet some requirements and meet approval.
[1:32:45] Trustee Luckham (probable): But at this juncture, it appears to need more work.
[1:32:51] Trustee Luckham (probable): And so I think that's how I look at this, is that this is the same message under a different circumstance, and we need to listen.
[1:33:02] Trustee Luckham (probable): yeah over to you so the third time get us on the screen lisa do we need to share
[1:33:09] Trustee Luckham (probable): sorry i
[1:33:14] Trustee Elliott: didn't have copies printed out for you but i can give them out to the meeting
[1:33:22] Trustee Luckham (probable): why don't you read the motion so
[1:33:24] Trustee Elliott: resolution three due to the significant first nations
[1:33:27] Trustee Elliott: cultural heritage values present on the subject property i move that the gabriel island local
[1:33:33] Trustee Elliott: trust committee request staff to forward the following comments from the ltc to the provincial
[1:33:38] Trustee Elliott: approving officer in consideration of subdivision referrals gb sub 2024.1 and gb stb 2024.2 center
[1:33:48] Trustee Elliott: stage holdings moti file 2020 dash zero two seven eight nine slash zero two two one four
[1:33:59] Trustee Elliott: The GB LTC does not support the subdivision application for the following reasons.
[1:34:04] Trustee Elliott: One, that there is a clear record from 2005 that establishes the name of First Nation consistently and unequivocally have never consented to any development on these sacred lands.
[1:34:15] Trustee Elliott: And two, that this Nanaymik First Nation have longstanding concerns and strong objections to any development of this parcel of land due to the presence of several significant cultural heritage and archaeological sites, comma, and claim the sole right to determine how to care for, access, and protect their own burial, cultural, and sacred sites.
[1:34:41] Trustee Elliott: and that these sacred areas are considered critical to the health and well-being and
[1:34:47] Trustee Elliott: connectivity for Snonimic First Nation since time immemorial and to today and should not be held in
[1:34:54] Trustee Elliott: private lots that would exclude Snonimic from access to their cultural heritage areas and the
[1:35:00] Trustee Elliott: sacred resting places of their ancestors.
[1:35:02] Voice 6: Snonimic First Nation have long-standing concerns and strong
[1:35:08] Voice 6: Oh,
[1:35:09] Trustee Elliott: that's somebody's laptop.
[1:35:12] Voice 18: I'm sorry, I believe you're unmuted.
[1:35:19] Trustee Elliott: Five.
[1:35:21] Trustee Elliott: The Senebic First Nation has consistently asserted their rights and title on Gabriola Island,
[1:35:25] Trustee Elliott: their Douglas Treaty rights, and the constitutional rights to determine how their cultural heritage areas should be protected,
[1:35:31] Trustee Elliott: and those rights have not been respected
[1:35:33] Trustee Elliott: in the development of the bylaws
[1:35:35] Trustee Elliott: that allocated densities to the parcel in 2005.
[1:35:39] Trustee Elliott: And five, that the local trust committee acknowledges
[1:35:42] Trustee Elliott: there was inadequate consultation
[1:35:44] Trustee Elliott: with the Snanamik First Nation in 2005
[1:35:47] Trustee Elliott: in the development and adoption of bylaws
[1:35:49] Trustee Elliott: that allowed a density swap and covenant
[1:35:52] Trustee Elliott: to be negotiated between Center Stage Holdings
[1:35:54] Trustee Elliott: and Islands Trust in the absence of comment
[1:35:57] Trustee Elliott: or consultation with the Snanamik First Nation
[1:35:59] Trustee Elliott: and in spite of their request for more time to consider the matter with more than a 30-day
[1:36:05] Trustee Elliott: referral. Six, that the Synonymic First Nations' interests and concerns over the protection of
[1:36:11] Trustee Elliott: their most sacred sites were not adequately considered in the density swap, and while the
[1:36:16] Trustee Elliott: parkland and green space achieved through the density transfer achieved large benefits for
[1:36:21] Trustee Elliott: the Gabriela community, there was no corresponding benefit to the nation. Seven, that regarding the
[1:36:29] Trustee Elliott: protection of cultural heritage generally and Indigenous cultural heritage specifically,
[1:36:33] Trustee Elliott: the Gabriela OCP and LUB policies and bylaws and the Islands Trust Policy Statement insufficiently
[1:36:41] Trustee Elliott: protect cultural heritage resources and do not reflect the principles of the Declaration Act
[1:36:47] Trustee Elliott: nor UNDRIP nor the Islands Trust Reconciliation Declaration. And eight, that there exists an
[1:36:55] Trustee Elliott: active protocol agreement between Sonamik First Nation and Islands Trust since 2008 that establishes
[1:37:01] Trustee Elliott: the agreement between two governments with how to proceed with development proposed in sensitive
[1:37:06] Trustee Elliott: cultural areas. Which agreement has not been followed to address the nation's critical concern
[1:37:12] Trustee Elliott: over development on this parcel? And nine, that there are insufficient buffers for the extensive
[1:37:18] Trustee Elliott: archaeological and cultural heritage sites with the proposed covenant and no assurances that the
[1:37:23] Trustee Elliott: name impersonation will be able to exercise their rights to access those sacred sites in perpetuity
[1:37:30] Trustee Elliott: it's a very long statement i will second that okay
[1:37:35] Trustee Luckham (probable): so you've made that motion and seconded by
[1:37:39] Trustee Luckham (probable): susan yates and um so let's have a discussion about the motion do you want to speak to it um
[1:37:48] Trustee Elliott: i have provided my colleagues with rationale uh and there is public hearing files for any member
[1:37:55] Trustee Elliott: the public that wishes to go and verify anything it's sitting in the islands trust offices so
[1:38:00] Trustee Elliott: all of this process that we went through uh or the community went through is documented
[1:38:06] Trustee Elliott: uh there is nothing that i'm trying to make up or blow up with any emotion it's it's directly
[1:38:14] Trustee Elliott: derived from those documents so i do encourage you to go check out our history if we do not
[1:38:20] Trustee Elliott: learned from our history we're going to repeat it and that is not just a common saying it is a truth
[1:38:26] Trustee Elliott: and so if we are to walk forward in reconciliation and live together with the name of members here
[1:38:33] Trustee Elliott: on capriola island as we've been talking about we cannot reach out with one hand and say reconcile
[1:38:40] Trustee Elliott: let's work on goodwill and trust and we continue to not listen to you it just doesn't work you
[1:38:47] Trustee Elliott: cannot have a relationship on those foundations so we want to set a new foundation and we're going to
[1:38:53] Trustee Elliott: have to rectify what was done back then somehow and to the proponent um i will say property owners
[1:39:04] Trustee Elliott: do have rights that we must honor and subject properties have been rezoned for a density of
[1:39:11] Trustee Elliott: development that the proponent wants to exercise however the local trust committee is also obligated
[1:39:17] Trustee Elliott: to consider this application based on reconciliation principles
[1:39:21] Trustee Elliott: and the rights of Indigenous peoples,
[1:39:24] Trustee Elliott: which have been ratified through the Declaration Act.
[1:39:27] Trustee Elliott: These two principles have come into conflict with this application,
[1:39:32] Trustee Elliott: as they were bound to do at some point,
[1:39:34] Trustee Elliott: and we must try to reconcile the principles of administrative fairness,
[1:39:38] Trustee Elliott: which we are well acquainted with,
[1:39:41] Trustee Elliott: towards the applicant and Indigenous rights in their territory.
[1:39:45] Trustee Elliott: as a local government constituted under the islands trust act the gabriella local trust
[1:39:51] Trustee Elliott: committee is a creature of the province when our bylaws collide with the principles of free
[1:39:56] Trustee Elliott: fire and informed consent of a nation in their territory it is our view that our bylaws do not
[1:40:02] Trustee Elliott: supersede the declaration act and so therefore unless and until synonymic first nation consents
[1:40:09] Trustee Elliott: to development in this area if they consider sacred it must proceed no further thank you
[1:40:19] Trustee Elliott: I have no additional comments. Well-spoken, Trustee Elliott.
[1:40:30] Voice 7: I think I should have been a librarian.
[1:40:33] Trustee Elliott: I was a journalist.
[1:40:37] Trustee Luckham (probable): You know, it may very well be that Moti will choose not to consider some of the elements
[1:40:43] Trustee Luckham (probable): of the vision because of the historical nature of them. But I think that the primary principles
[1:40:49] Trustee Luckham (probable): both outlined at the beginning of an earlier number of statements that you have um are valid
[1:40:55] Trustee Luckham (probable): and um the recruitment officer needs to hear that from this committee and i think we all we all
[1:41:04] Trustee Luckham (probable): agree with it and they're not going to run i will support the motion
[1:41:09] Voice 10: um
[1:41:10] Trustee Luckham (probable): is what we have in this
[1:41:13] Trustee Luckham (probable): motion adequate uh for you to support us in our uh referral to the approving officer through the
[1:41:22] Voice 7: chair the motion on the floor uh stated that leads into the the nine points yeah i i don't have
[1:41:31] Voice 7: further comment on that or suggestion then i'm going to call that's clear um and after the motion
[1:41:37] Voice 7: and I can explain any next steps in terms of the referrals.
[1:41:41] Trustee Luckham (probable): Great. So then I'll call the vote on the motion to respond to the approving officer as tabled.
[1:41:50] Trustee Luckham (probable): All those in favour? All right. So that carries unanimously.
[1:41:55] Trustee Luckham (probable): So now I want to return back to the development permit.
[1:42:01] Trustee Elliott: I did have a second motion on the referral.
[1:42:04] Trustee Elliott: I see, okay.
[1:42:04] Trustee Elliott: And I don't know if it's necessary,
[1:42:06] Trustee Elliott: but it's about advising the lieutenant governor about the positives of the plan so this was
[1:42:13] Trustee Elliott: modeled on the north pender ltc response which was based on legal counsel's advice
[1:42:20] Trustee Elliott: uh to their subdivision application so it's it's
[1:42:24] Trustee Luckham (probable): in my second resolution different
[1:42:26] Trustee Luckham (probable): application but fair enough um regional planning manager jemma do you have a remark
[1:42:33] Trustee Luckham (probable): Mark, we'll...
[1:42:35] Trustee Elliott: Through the Chair, while we're talking about
[1:42:37] Trustee Elliott: the subdivision referral response,
[1:42:40] Voice 7: it may make sense
[1:42:41] Voice 7: to want to bring that up in the discussion.
[1:42:43] Voice 7: We've been talking about... The second motion.
[1:42:45] Voice 7: The second motion.
[1:42:47] Trustee Luckham (probable): So then, over to you.
[1:42:50] Trustee Elliott: So, there's a few
[1:42:51] Trustee Elliott: whereas clauses, which may not be necessary,
[1:42:53] Trustee Elliott: but I'll read them into the
[1:42:54] Trustee Luckham (probable): record.
[1:42:56] Trustee Luckham (probable): Not the best practice.
[1:42:57] Trustee Elliott: No?
[1:42:57] Trustee Luckham (probable): No. Whereas is not
[1:42:59] Trustee Luckham (probable): something that we've...
[1:43:01] Trustee Luckham (probable): Okay, then.
[1:43:02] Trustee Luckham (probable): Better to
[1:43:03] Trustee Luckham (probable): get to the motion.
[1:43:04] Trustee Elliott: The Gabriela Island Local Trust Committee resolves to, one, advise the Provincial Approving Officer that the Gabriela Island Local Trust Committee considers, we've already done that, as not being in public interest, never mind.
[1:43:15] Trustee Elliott: But the second one is to advise the Lieutenant Governor and Council that the Gabriela Island Local Trust Committee considers the deposit of the subdivision plan of MOTI file 2020-02789-02214 as being against the public interest.
[1:43:34] Trustee Elliott: And two, and request staff to forward this resolution to the Provincial Approving Officer and the Lieutenant Governor and Council.
[1:43:43] Trustee Luckham (probable): Okay. And that's the one that's on the screen there. Looks like there's a slight amendment
[1:43:48] Trustee Luckham (probable): to it.
[1:43:48] Trustee Luckham (probable): I just cut out number one.
[1:43:50] Trustee Luckham (probable): Okay. So then that motion is moved. Is it understood? And do you want to second it?
[1:43:57] Trustee Elliott: I'll second it and then I'd like to pass for an amendment.
[1:44:00] Trustee Luckham (probable): Okay. So the motion moved and seconded. Do you wish to speak to it further?
[1:44:06] Trustee Elliott: so we have not sought legal counsel on this referral so there is i know the james island
[1:44:13] Trustee Elliott: subdivision is different but the islands trust has legal advice from that um file and this
[1:44:22] Trustee Elliott: advising lieutenant governor and counsel is part of that so there is if we want to go on camera to
[1:44:30] Trustee Elliott: talk about the legal advice i do have the documents but um and if staff deems this not
[1:44:36] Trustee Elliott: necessary then maybe we can turn to staff for advice well
[1:44:39] Trustee Luckham (probable): let's turn to staff for advice um
[1:44:44] Trustee Luckham (probable): can this motion stand on its own merits without consideration of legal advice
[1:44:51] Trustee Luckham (probable): um ultimately it will be somebody else to determine whether or not it has
[1:44:55] Trustee Luckham (probable): merit for them to consider would that be the case
[1:45:01] Voice 7: I believe I need a moment to contemplating legal advice for this particular resolution
[1:45:14] Voice 7: if possible, if the LDC wishes, but I'd like to go back to you
[1:45:21] Voice 12: in
[1:45:23] Voice 7: terms of any legal advice
[1:45:27] Voice 7: that may.
[1:45:27] Trustee Luckham (probable): Okay.
[1:45:28] Trustee Luckham (probable): Okay, so let's develop then the motion a little further, and Susan Yates, you suggested you would like to make an amendment to the motion.
[1:45:37] Trustee Elliott: Yes, I think towards the end of it, where you talk about in the public interest, I'm not sure whether we should say in the interest of the First Nation rather than the public interest.
[1:45:52] Trustee Elliott: Personally,
[1:45:53] Voice 10: I
[1:45:55] Trustee Elliott: am a member of the public.
[1:45:57] Voice 10: I
[1:45:57] Trustee Elliott: do feel like this is big.
[1:46:01] Trustee Elliott: I would be happy if I was a member of the public that we would be
[1:46:05] Trustee Elliott: looking at this.
[1:46:06] Trustee Elliott: But I think we should change that to the best interest of the person.
[1:46:12] Trustee Elliott: Right. So can you speak up a little bit please?
[1:46:17] Trustee Elliott: For the end of the trustee audience motion, it's not in the best interest of the public,
[1:46:24] Trustee Elliott: which is what you're saying when you're sending a referral into the Ministry of Transportation.
[1:46:29] Trustee Elliott: It doesn't meet the public interest.
[1:46:31] Trustee Elliott: Right.
[1:46:33] Trustee Elliott: I think it doesn't meet the public interest, but I think more specifically, it does not
[1:46:37] Trustee Elliott: meet our interest in reconciliation, and specifically, it does not meet First Nations interest.
[1:46:46] Trustee Elliott: That was in the whereas clause that I didn't publish. So if we wanted to amend it to include as being against the public interest, comma, and notes the sustained, considerable sustained objections to the subdivision continue to be expressed by the systemic First Nation, I don't think we can speak for the nation.
[1:47:08] Trustee Elliott: they will speak to their own interests on the file to MOTI directly, but the LTC can
[1:47:15] Trustee Elliott: say we know there is all of this objection to it and that it's part of our rationale
[1:47:24] Trustee Elliott: for it in the public interest.
[1:47:27] Trustee Elliott: So I would amend that if you want.
[1:47:30] Trustee Elliott: So
[1:47:31] Trustee Luckham (probable): let me just add some thoughts, and I'm happy to see an amendment of some sort.
[1:47:39] Trustee Luckham (probable): I've struggled with this myself in using the word community, because respectfully, right, we acknowledge that First Nations are rights and title holders.
[1:47:51] Trustee Luckham (probable): and we don't tend to include them as stakeholders
[1:47:58] Trustee Luckham (probable): because they're not stakeholders, they're rights entitlement.
[1:48:02] Trustee Luckham (probable): Certainly in the broad aspect of the community,
[1:48:05] Trustee Luckham (probable): with no disrespect intended,
[1:48:08] Trustee Luckham (probable): we want to embrace nations as part of the community.
[1:48:14] Trustee Luckham (probable): So the language is challenging.
[1:48:17] Trustee Luckham (probable): And so I would perhaps suggest that it needs to say in the public interest or in the nation
[1:48:28] Trustee Luckham (probable): whose rights and title and or territory who have rights and rights on that title or, you
[1:48:37] Trustee Luckham (probable): know, something around would be more specific about it, because
[1:48:41] Voice 12: to
[1:48:42] Trustee Luckham (probable): some extent, I want to
[1:48:43] Trustee Luckham (probable): to acknowledge that government-to-government responsibility to acknowledge, simply acknowledge
[1:48:51] Trustee Luckham (probable): the rights and titles.
[1:48:52] Trustee Elliott: As rights and title holders, okay.
[1:48:55] Trustee Elliott: So what I would...
[1:48:57] Trustee Luckham (probable): And hopefully that, to our guests here today, that is received respectfully, and in a situation
[1:49:07] Trustee Luckham (probable): when we're trying to come to understand our relationship together okay so
[1:49:15] Voice 22: this is simpler than
[1:49:26] Voice 12: regional planning manager jim ron through
[1:49:29] Voice 7: the chair um once this discussion um is
[1:49:34] Voice 7: okay thank you
[1:49:42] Voice 10: breaking news
[1:49:43] Voice 10: so then
[1:49:51] Trustee Elliott: I would amend the motion
[1:49:55] Trustee Elliott: can we vote on it
[1:49:57] Trustee Elliott: and defeat it and start fresh
[1:49:58] Trustee Luckham (probable): make it
[1:49:59] Trustee Luckham (probable): yeah
[1:50:00] Trustee Elliott: it seems
[1:50:02] Trustee Luckham (probable): to amend the motion
[1:50:06] Trustee Luckham (probable): so
[1:50:06] Trustee Elliott: and
[1:50:07] Trustee Luckham (probable): it can be simply a full sale
[1:50:09] Trustee Luckham (probable): well I can't change the intent
[1:50:10] Trustee Luckham (probable): I
[1:50:11] Trustee Elliott: move to amend the motion
[1:50:13] Trustee Elliott: by adding
[1:50:15] Trustee Elliott: after the Guerrilla Island
[1:50:17] Trustee Elliott: and local trust committee the words notes that considerable sustained objections to the
[1:50:24] Trustee Elliott: subdivision continue to be expressed by this dynamic first nation and therefore resolves to
[1:50:31] Trustee Elliott: so that's the first amendment the second amendment comes at the end of as not being in the public
[1:50:38] Trustee Elliott: interest comma and does not have the consent of the rights and title holders of the area of the
[1:50:44] Trustee Elliott: territory that's not named First Nation.
[1:50:49] Trustee Luckham (probable): Okay so and perhaps so let's um do we understand the
[1:50:55] Trustee Luckham (probable): amendment?
[1:50:57] Trustee Elliott: I think so um I'm still not sure we should have public that's in the public interest
[1:51:02] Trustee Elliott: although I well
[1:51:04] Trustee Luckham (probable): let me speak to that because in the last several weeks we have received
[1:51:10] Trustee Luckham (probable): expressions from the public to say that they are not in support of it yeah and so
[1:51:17] Trustee Luckham (probable): So there's enough, we've received enough remarks to know that there are certainly community members, and being the public, that share some concerns.
[1:51:31] Trustee Luckham (probable): Definitely, I'm okay with it, yeah.
[1:51:34] Trustee Luckham (probable): So then I'm just going to maybe pause for a moment and ask that we understand it, and then I'll ask for a vote on the amendment.
[1:51:42] Trustee Luckham (probable): And then I'm going to ask for the amended motion to be read out in its entirety.
[1:51:46] Trustee Luckham (probable): That would be a challenge if we got it there.
[1:51:49] Trustee Luckham (probable): And then it would be clear to Lisa, who's keeping the minutes for us,
[1:51:53] Trustee Luckham (probable): and to the members of the public what it is that we've done.
[1:51:57] Trustee Luckham (probable): So you understand the amendment?
[1:51:59] Trustee Luckham (probable): Then I'm going to call the vote on the amendment.
[1:52:01] Trustee Luckham (probable): All those in favor?
[1:52:02] Trustee Luckham (probable): So that carries.
[1:52:04] Trustee Luckham (probable): And so now we're going to return to the amended motion on the table,
[1:52:08] Trustee Luckham (probable): and I'm going to ask you to read that one more time.
[1:52:10] Trustee Elliott: Okay.
[1:52:11] Trustee Elliott: The Gabriela Island Local Trust Committee
[1:52:13] Trustee Elliott: notes that considerable sustained objections to the subdivision continue to be expressed by the
[1:52:20] Trustee Elliott: first nation and therefore resolves to one advise the provincial approving officer that the gabriella
[1:52:27] Trustee Elliott: island local trust committee considers approval of the subdivision referrals gb sub 2024.1 and gb
[1:52:36] Trustee Elliott: SUB 2024.2 Center Stage Holdings
[1:52:39] Trustee Elliott: Motifile 2020-02789
[1:52:43] Trustee Elliott: slash 02214 as not being
[1:52:47] Trustee Elliott: in the public interest and does not have the consent of the rights
[1:52:52] Trustee Elliott: and title holders of the territory that's the name of First Nation.
[1:52:56] Trustee Elliott: I'll second that.
[1:52:59] Voice 16: Should we drop that one?
[1:53:02] Voice 22: Well, maybe we can vote on that one first.
[1:53:12] Trustee Elliott: I think we should get staff advices to the necessity of advising the Lieutenant Governor
[1:53:19] Trustee Elliott: and Council.
[1:53:21] Trustee Luckham (probable): Okay.
[1:53:22] Trustee Luckham (probable): So it's just the original motion had all of that and the amendment didn't include the
[1:53:27] Trustee Luckham (probable): leading.
[1:53:27] Trustee Luckham (probable): Then
[1:53:27] Trustee Elliott: I'll include it then.
[1:53:29] Trustee Luckham (probable): Yeah.
[1:53:29] Trustee Luckham (probable): So we
[1:53:30] Trustee Luckham (probable): either have to-
[1:53:31] Trustee Luckham (probable): Sure.
[1:53:31] Trustee Luckham (probable): You're right.
[1:53:31] Trustee Luckham (probable): Yeah.
[1:53:32] Trustee Luckham (probable): Thanks, John.
[1:53:36] Trustee Luckham (probable): So then if you're including anything, I think for clarity, right, for everybody's clarity,
[1:53:40] Trustee Luckham (probable): to read the motion as amended.
[1:53:43] Trustee Luckham (probable): Yeah.
[1:53:45] Trustee Elliott: You want me to do it?
[1:53:46] Trustee Luckham (probable): Yeah, sure.
[1:53:47] Trustee Luckham (probable): The
[1:53:48] Trustee Elliott: Gabriel Island Local Trust Committee notes
[1:53:50] Trustee Elliott: that considerable sustained objections to the subdivision
[1:53:52] Trustee Elliott: continue to be expressed by the Synonym First Nation
[1:53:55] Trustee Elliott: and therefore resolves to advise the Provincial Approving Officer
[1:53:58] Trustee Elliott: that the Gabriel Island Local Trust Committee
[1:54:00] Trustee Elliott: considers approval of subdivision referrals
[1:54:04] Trustee Elliott: GBSUV 2024.1 and GBSUV 2024.2
[1:54:08] Trustee Elliott: Center Stage Holdings, MOTI file 2020-02789-02214 is not being in the public interest and does not
[1:54:17] Trustee Elliott: have the consent of the rights and title holders of the territory. This is in the name of First
[1:54:23] Trustee Elliott: Nation. Two, advise the Lieutenant Governor and Council that the Gabriel Island Local Trust
[1:54:28] Trustee Elliott: Committee considers the deposit of the subdivision plan of MOTI file 2020-02789-02214 as being
[1:54:36] Trustee Elliott: against the public interest three and request staff for this resolution to the provincial
[1:54:41] Trustee Elliott: approving officer and the lieutenant governor and council so
[1:54:46] Trustee Luckham (probable): well no that is the motion oh
[1:54:50] Trustee Luckham (probable): that's the original motion now we don't need to second it because it was seconded earlier we've
[1:54:54] Trustee Luckham (probable): amended it now that's the amended motion so now i'm going to turn to staff and we can certainly
[1:54:59] Trustee Luckham (probable): have another amendment if there's a recommendation to amend it in some fashion um what is your
[1:55:05] Trustee Luckham (probable): recommendation on the question about the legal merits of the motion that we're about to pass
[1:55:12] Trustee Luckham (probable): so
[1:55:13] Trustee Elliott: through the chair looking
[1:55:16] Voice 7: at the three motions that are sitting on the floor
[1:55:21] Voice 7: there's one motion on the floor the other has been passed one motion
[1:55:25] Voice 7: the others the other one has passed so make a point of clarification yeah i would like to ask
[1:55:32] Voice 7: the first part of that motion advising the provincial approving officer has
[1:55:38] Voice 7: a resolution that has been carried yes so that may benefit this first part may benefit
[1:55:46] Voice 7: to refer to a referral response that will an additional response that would be provided
[1:55:53] Voice 7: so one clarification from myself to the ltc is if you wish to include that motion in
[1:56:03] Voice 7: that part of it in this entire motion or amend or leave it with the previously approved resolution.
[1:56:14] Voice 7: The second point of clarification regarding the second and third pieces of the motion on the floor, those can be advocacy letters provided to the lieutenant governor and council.
[1:56:30] Voice 7: Council. What I would like to add as consideration is if it's being sent to the Lieutenant Governor
[1:56:38] Voice 7: Council, it may need some other endorsements through EC. So I'm not saying that's why I
[1:56:47] Voice 7: would need to clarify.
[1:56:49] Trustee Luckham (probable): Well, so certainly as a letter of advocacy, right, that would
[1:56:54] Trustee Luckham (probable): go through to Trust Area Services Director. Correct. And so further endorsement would
[1:57:00] Trustee Luckham (probable): be recommended if necessary so
[1:57:03] Voice 7: that's that's pretty sure that's what i'm clarifying i would
[1:57:06] Voice 7: like to confirm that so it's clear that the lcc could prepare for the letter the advocacy letter
[1:57:13] Voice 7: with those that that information contained in this motion and if it needs support for
[1:57:20] Trustee Luckham (probable): the executive
[1:57:21] Trustee Luckham (probable): so it sounds to me like there's two things that i've heard um reflecting that for everything
[1:57:26] Trustee Luckham (probable): expensive one is to in the at the beginning of this motion that's on the floor make a reference
[1:57:35] Trustee Luckham (probable): to the subdivision referral and that the second part of it should probably be removed deleting
[1:57:44] Trustee Luckham (probable): from this motion and be a separate motion that is to write letters of advocacy that would be more
[1:57:51] Trustee Luckham (probable): more clear. Okay. Do we understand
[1:57:53] Trustee Elliott: that? Yeah. Yeah. That's why I thought two separate motions
[1:57:57] Trustee Elliott: would be good.
[1:57:58] Voice 16: Yeah. So
[1:57:59] Trustee Elliott: we could defeat that. So then
[1:58:01] Trustee Luckham (probable): let's defeat it.
[1:58:04] Trustee Elliott: Yes. Now
[1:58:05] Trustee Luckham (probable): it's gotten
[1:58:07] Trustee Luckham (probable): too messy. Yeah.
[1:58:08] Trustee Luckham (probable): Okay. So I'll call the vote. All those in favor? No. And then Chris Hollers.
[1:58:13] Trustee Luckham (probable): All opposed? And so now I'll leave it to you, Trustee Elliott, for the much more precise
[1:58:21] Trustee Luckham (probable): first motion and then we'll look for another motion to send letters of
[1:58:25] Trustee Luckham (probable): advocacy so
[1:58:26] Trustee Elliott: thank you chair so then the first part thank you for the comments
[1:58:32] Trustee Elliott: that I would add the statement the Gabriel local trust committee considered
[1:58:38] Trustee Elliott: this dynamic first nation referral response to the development permit
[1:58:42] Trustee Elliott: application in reference the number and requested that these comments in
[1:58:50] Trustee Elliott: resolution GB 2024 whatever the resolution was that we just passed with the comments
[1:58:59] Trustee Elliott: those comments before it into the room officer can you refer to another resolution is that messy
[1:59:09] Voice 7: you're the chair you can you can reference the response provided by the LTC
[1:59:18] Voice 7: Because we have that resolution already passed.
[1:59:22] Voice 7: Okay.
[1:59:24] Trustee Elliott: And the response provided by the LTC.
[1:59:34] Trustee Elliott: Okay. Do we want the section of, that we considered the name of First Nations referral response to the DP application?
[1:59:44] Trustee Elliott: it's it informs the nation's position on the overall topic but maybe it's not necessary
[2:00:00] Trustee Luckham (probable): we should focus on the referral okay and the development
[2:00:04] Trustee Luckham (probable): permit is a separate
[2:00:06] Trustee Elliott: thing um requests okay so then the sentence would just read the gabriella local trust
[2:00:16] Trustee Elliott: committee requests that the response provided by the local trust committee be forwarded to
[2:00:21] Trustee Elliott: the provincial approving officer in consideration of this subdivision application is that it
[2:00:29] Trustee Elliott: would be
[2:00:30] Voice 7: appended to that first section
[2:00:32] Voice 7: and that allowed the opportunity for the lbc to provide all of your comments related to the
[2:00:42] Voice 7: subject vision referral response in addition to the staff technical comment okay thank you
[2:00:49] Voice 7: okay yeah so
[2:00:51] Voice 16: that's moved yeah we're clear do i
[2:00:54] Trustee Elliott: need to read the whole thing again no not for me
[2:00:56] Trustee Elliott: So we're just adding,
[2:00:58] Trustee Elliott: so we're adding, Lisa, the,
[2:01:01] Voice 20: okay, the Gabriel
[2:01:06] Trustee Elliott: Island Local Trust Committee notes that considerable sustained objections to the subdivision continue to be expressed by the Synonymic First Nation and therefore resolves to advise the Provincial Approving Officer that the Gabriel Island Local Trust Committee considers approval of the subdivision referrals GBSUB 2024.1 and GBSUB 2024.2
[2:01:26] Trustee Elliott: center stage holdings multi-file 2020 point dash 02789 slash 02214 as not being in the public
[2:01:35] Trustee Elliott: interest comma and does not have the consent to the rights and title holders of the territory
[2:01:40] Trustee Elliott: this name of first nation the gb ltc the gabriel local trust committee requests that the response
[2:01:48] Trustee Elliott: provided by the local trust committee be forwarded to the provincial approving officer
[2:01:54] Trustee Elliott: officer in consideration of this subdivision application.
[2:01:59] Trustee Luckham (probable): Okay, moved and seconded.
[2:02:01] Trustee Luckham (probable): Then, any further discussion?
[2:02:04] Trustee Luckham (probable): All those in favor?
[2:02:06] Trustee Luckham (probable): We'll have two carries.
[2:02:07] Trustee Luckham (probable): Thank you.
[2:02:08] Trustee Luckham (probable): So now, the suggestion was that if we want to send this to the Lieutenant Governor and Council,
[2:02:15] Trustee Luckham (probable): that this should be an advocacy item.
[2:02:18] Trustee Luckham (probable): so
[2:02:19] Trustee Elliott: is this requesting executive committee to write to the lieutenant governor's council
[2:02:25] Voice 10: the
[2:02:26] Trustee Elliott: chair that's what
[2:02:28] Voice 7: i would like to confirm because i i'm unable to confirm that today
[2:02:33] Voice 7: with you but i would suspect being an advocacy letter sent to the lieutenant governor council
[2:02:40] Voice 7: so may require another level of
[2:02:43] Trustee Luckham (probable): endorsing so perhaps what we would do then is um motion to
[2:02:49] Trustee Luckham (probable): ask staff to provide us advice on
[2:02:52] Voice 14: sending
[2:02:53] Trustee Luckham (probable): an advocacy letter with respect to this application
[2:02:56] Trustee Luckham (probable): to the lieutenant you're
[2:03:00] Voice 7: the chair that would be clear to direct staff to and
[2:03:04] Trustee Luckham (probable): then you could craft
[2:03:05] Trustee Luckham (probable): after and we can approve it by RWF.
[2:03:08] Voice 7: And through the chair to direct staff to craft the letter
[2:03:12] Voice 7: with your information,
[2:03:13] Voice 7: we can clarify that information.
[2:03:15] Trustee Elliott: I would like to say.
[2:03:16] Trustee Elliott: Yeah.
[2:03:17] Trustee Elliott: And then that we don't have to meet again.
[2:03:20] Trustee Elliott: We can just open letter
[2:03:21] Voice 18: by
[2:03:23] Trustee Elliott: office through the chair.
[2:03:24] Voice 18: Yes.
[2:03:25] Voice 18: Chair, you could not have any discussion with your RWF.
[2:03:31] Voice 18: So it may come to a future, your next meeting.
[2:03:34] Voice 18: so you can receive that advice.
[2:03:40] Trustee Elliott: So we're asking staff to provide
[2:03:41] Trustee Elliott: advice and draft a letter
[2:03:43] Trustee Elliott: to
[2:03:45] Voice 7: the chair
[2:03:47] Voice 7: if that is
[2:03:49] Voice 7: the direction you would like
[2:03:51] Voice 16: to get it.
[2:03:56] Voice 16: So how do we
[2:03:58] Voice 16: execute that?
[2:04:00] Voice 7: The
[2:04:02] Voice 7: direction to draft the letter
[2:04:04] Voice 7: is ultimately what the LTC
[2:04:06] Voice 7: would like. How that gets done
[2:04:08] Voice 7: may require an additional endorsement so i would like to confirm that a trust area service okay
[2:04:13] Voice 7: and then send so whether it's the ltc to be able to send that out to endorse it or with
[2:04:21] Voice 7: we can get that advice confirm that and pursue that okay so
[2:04:27] Voice 16: it'll get done yeah so
[2:04:29] Trustee Elliott: is it okay
[2:04:29] Trustee Elliott: to have provided advice and draft a letter in the same motion yeah i
[2:04:33] Trustee Elliott: believe so because we will
[2:04:34] Trustee Elliott: staff will check in with you
[2:04:36] Trustee Elliott: if we all can see
[2:04:37] Voice 7: when the next
[2:04:40] Voice 7: local trust committee meeting.
[2:04:42] Voice 7: I think we have the ability to be able to
[2:04:45] Voice 7: draft information.
[2:04:46] Voice 7: So that will be the next trust committee meeting.
[2:04:49] Trustee Elliott: Okay.
[2:04:52] Trustee Elliott: So if I may move
[2:04:53] Trustee Elliott: that the Gabriel Island Local Trust
[2:04:56] Trustee Elliott: Committee request staff provide
[2:04:57] Trustee Elliott: advice and draft a letter
[2:05:00] Trustee Elliott: advising the Lieutenant Governor and
[2:05:02] Trustee Elliott: Council that the Gabriel Island Local Trust
[2:05:04] Trustee Elliott: Committee considers the deposit
[2:05:06] Trustee Elliott: positive the subdivision plan of multi-file 2020-02789-02214 is being against the public
[2:05:15] Trustee Elliott: interest.
[2:05:17] Trustee Luckham (probable): Moved. Do I have a seconder? I can't second the motion. I just
[2:05:24] Voice 18: I was listening to the
[2:05:26] Voice 18: motion. I said provide advice and draft the letter. I don't believe it specifies what the advice is.
[2:05:31] Voice 18: I think we've had a discussion, but I think the motion should specify what advice you're looking for.
[2:05:39] Voice 18: Advocacy?
[2:05:40] Trustee Luckham (probable): Is that sufficient?
[2:05:42] Trustee Luckham (probable): The process for? To advocate for?
[2:05:46] Voice 7: To send the letter to?
[2:05:48] Trustee Luckham (probable): Yeah. Okay.
[2:05:50] Trustee Luckham (probable): Okay,
[2:05:51] Voice 7: sorry. One more time.
[2:05:54] Voice 22: Advice, letter to?
[2:06:03] Trustee Elliott: Okay, so advice on process in advising the lieutenant governor.
[2:06:22] Trustee Elliott: Actually, appropriate.
[2:06:25] Trustee Elliott: Yeah, I am. This is not a motion. Provide advice on the appropriate process to advise. That's it. Okay.
[2:06:32] Trustee Elliott: Okay. So the motion, potentially, request staff provide advice on the appropriate process to advise the lieutenant governor and council, it's been about against the public interest, comma, and draft a letter to that effect.
[2:06:53] Voice 7: Through the chair, you could, you could say provide advice on the process to send a letter to the lieutenant governor.
[2:07:08] Voice 7: And to drop the letter.
[2:07:12] Voice 7: My fallback is always,
[2:07:14] Voice 16: as discussed.
[2:07:17] Voice 22: Drop the letter,
[2:07:19] Voice 16: as discussed.
[2:07:22] Trustee Elliott: To provide advice on the process to send a letter to the Lieutenant Governor and Council
[2:07:25] Trustee Elliott: and then drop the letter, as discussed.
[2:07:33] Trustee Elliott: I
[2:07:34] Voice 18: didn't think you'd just like that.
[2:07:37] Voice 18: I would prefer you just specify
[2:07:42] Voice 18: what the letter is meant to be about.
[2:07:44] Voice 18: Okay. And
[2:07:49] Voice 16: so that was in the preamble of the original motion.
[2:07:51] Voice 16: Do you have anything to convey to the Lieutenant Governor
[2:07:53] Voice 16: regarding the process?
[2:08:02] Voice 7: Through the Chair, I have a suggestion.
[2:08:05] Voice 7: Thank you.
[2:08:05] Voice 7: I think I'll probably, I'll be working on something to do this.
[2:08:13] Voice 7: Clarity to provide advice on the process and to send a letter to the Lieutenant Governor,
[2:08:21] Voice 7: drafts that letter regarding the real and ltc's consideration or the ltc's referral response
[2:08:33] Voice 7: letter to file as being against the public interest in referring to the subdivision
[2:08:45] Voice 7: referral response we can move that information exactly what you want me to do and give the
[2:08:54] Voice 7: lieutenant council to the head of what's going
[2:09:02] Voice 10: on i
[2:09:06] Trustee Luckham (probable): always find it challenging to have a motion
[2:09:08] Trustee Luckham (probable): and paraphrasing but promotion is all the same time because it just makes it up
[2:09:13] Trustee Elliott: we have enough i believe in chair we have enough
[2:09:15] Voice 7: background information that you i don't believe
[2:09:19] Voice 7: it's necessary to explain in detail the advice right advice on the process yeah so the shorter
[2:09:30] Voice 7: and then keeping the rest of your desired motion or wording right
[2:09:35] Trustee Luckham (probable): because ultimately
[2:09:38] Trustee Luckham (probable): you're going to be seeking endorsement
[2:09:39] Voice 7: anyway if i have it through the chair
[2:09:50] Voice 7: okay
[2:09:51] Voice 16: so amongst us what do we have
[2:09:56] Trustee Elliott: okay so request staff provide clarity on the process of sending a letter to the lieutenant
[2:10:01] Trustee Elliott: governor and council that the gabriel island local trust committee considers the deposit
[2:10:06] Trustee Elliott: of subdivision plan as being against the public interest comma and draft the letter accordingly
[2:10:14] Trustee Elliott: thank you chair that's
[2:10:16] Voice 7: understood you can work
[2:10:17] Voice 7: that accomplishes what you don't see
[2:10:20] Voice 7: but to you
[2:10:20] Voice 16: okay yeah moved second yeah any further discussions all those in
[2:10:26] Trustee Luckham (probable): favor Lisa
[2:10:27] Trustee Elliott: I'll email you
[2:10:28] Trustee Elliott: the motion if you didn't get that and
[2:10:30] Trustee Luckham (probable): so is there anything further to do with the referral because
[2:10:34] Trustee Luckham (probable): now despite the fact that that clock is wrong I would like to come back to the development permit
[2:10:42] Trustee Luckham (probable): permit so we can conclude this application 8.2 and go have a lunch break and uh um so
[2:10:51] Trustee Luckham (probable): are we concluded with the referral to the approving officer yes yes so the development
[2:10:57] Trustee Luckham (probable): permit area we deferred that from earlier and um you know quite honestly against probably
[2:11:05] Trustee Luckham (probable): best staff advice i am implied to defer this until we hear a response back from the approving
[2:11:10] Trustee Luckham (probable): enough.
[2:11:12] Voice 7: Chair? Yes. We can put that motion in the sub-division application. Okay.
[2:11:21] Trustee Elliott: It is simple that
[2:11:23] Trustee Elliott: consideration of the development permit until response from the provincial approving officer
[2:11:28] Trustee Elliott: on sub-division application is received.
[2:11:32] Trustee Luckham (probable): So I will move that the LTC defer the development
[2:11:38] Trustee Luckham (probable): the development permit approval until we have received a response from the approving officer
[2:11:43] Trustee Luckham (probable): regarding our referral.
[2:11:47] Trustee Luckham (probable): Good?
[2:11:50] Voice 7: Through the Chair, I would like to share some considerations for the LDC in order of requesting
[2:12:00] Voice 7: a condition for the development permit, or sorry if you're asking for deferment, to consider
[2:12:07] Voice 7: a time a time frame as part of the deferment consideration and in terms of the process
[2:12:18] Voice 7: of the technical aspect the process of the development permit a development permit would
[2:12:24] Voice 7: need to be approved before the approving officer approves the subdivision so that may cause a bit
[2:12:30] Voice 7: of a hitch for lack of a better word where the approving officer may not be able to progress
[2:12:38] Voice 7: to a point may come back to the LTC so through the chair I haven't investigated I
[2:12:44] Voice 7: would like to
[2:12:46] Voice 7: get more information than that but that's a
[2:12:48] Voice 7: potential comparison that
[2:12:49] Trustee Elliott: makes sense because
[2:12:51] Trustee Elliott: we're asking to hear back from the provincial approving officer if the provincial approving
[2:12:56] Trustee Elliott: officer indeed confirms this box has to be checked and need to move forward in the process we can
[2:13:02] Trustee Elliott: reconsider uh the permit at that time yes
[2:13:07] Voice 7: did the chair that's that's the considerations i would
[2:13:13] Voice 7: like you to just share them for your discussion i
[2:13:20] Trustee Elliott: it's um you moved the motion do
[2:13:24] Trustee Luckham (probable): you want to speak
[2:13:24] Trustee Elliott: to it chair i
[2:13:27] Trustee Luckham (probable): understand you know i so i spoke with renee about this earlier actually and i don't
[2:13:33] Trustee Luckham (probable): have a full answer for it. What it says in what I've read is the final approval of the subdivision
[2:13:41] Trustee Luckham (probable): is contingent on having any development permits in place. And so I presume that somewhere along
[2:13:48] Trustee Luckham (probable): in there, I don't know how they run their business, but I presume that they would look at it
[2:13:52] Trustee Luckham (probable): and they go, oh yeah, this is okay. We're going to approve this, but we need the development
[2:13:56] Trustee Luckham (probable): permit. So we get a communication that would say, hey, we need that development permit. Can you get
[2:14:00] Trustee Luckham (probable): that to us and then the applicant would receive their subdivision approval that's sort of how i
[2:14:07] Trustee Luckham (probable): see it um that might be wrong but i think let's advance it and see what happens
[2:14:14] Voice 18: did you just share the some of the process that these subdivisions go through after we island's
[2:14:21] Voice 18: trust sends a referral to uh the premier officer to the district technician um for modi as we do
[2:14:27] Voice 18: to typically receive a response back with what's called a preliminary layout approval
[2:14:33] Voice 18: that lays out the different conditions that might be required for some division to be
[2:14:39] Voice 18: approved by the Ministry of Transportation and Infrastructure.
[2:14:42] Trustee Luckham (probable): So is what you're saying then rejected at the front desk when it comes in because we
[2:14:49] Voice 18: haven't approved the development?
[2:14:52] Voice 18: what i'm saying is that this referral that islands that you you've seen the attachment there
[2:14:58] Voice 18: it identifies requirements from islands trust regulations when you're able to land use
[2:15:03] Voice 18: for approval and so that that goes to the ministry so they're aware
[2:15:08] Voice 18: and they compile that with any other referrals they may send
[2:15:13] Voice 18: to each other agencies or governments for and they send it back to typically to the applicant
[2:15:20] Voice 18: And usually we are included as well to see that, yes, one of the conditions is usually
[2:15:27] Voice 18: something along the lines of violence stress regulations being met.
[2:15:30] Voice 18: And then at that point is often when applicants seek a development permit or whatever other
[2:15:37] Voice 18: conditions may be included in a referral response to Moody.
[2:15:42] Voice 18: So that tends to be the process.
[2:15:45] Voice 18: In this case, the development permit has been applied for already before the subdivision
[2:15:51] Voice 18: referral has been sent to the Ministry of Transportation and Infrastructure.
[2:16:01] Voice 14: So are you recommending that we advance this motion or not?
[2:16:06] Voice 18: I was not
[2:16:08] Trustee Luckham (probable): making a recommendation, I was just providing that information.
[2:16:13] Trustee Luckham (probable): Well then, so it's up to the local trust committee to determine based upon the information we've
[2:16:17] Trustee Luckham (probable): received from staff the advice in the in the report and the advice we just received now
[2:16:23] Trustee Luckham (probable): you want to advance this motion that i does somebody want to second that motion
[2:16:26] Trustee Elliott: go ahead through
[2:16:29] Voice 7: the chair one other consideration um as planner brown brought that forward
[2:16:35] Voice 7: is as part of the motion to perhaps add that this resolution included in the referral response
[2:16:46] Voice 7: Oh,
[2:16:46] Trustee Luckham (probable): yeah. Fair enough.
[2:16:48] Voice 7: Just so they have all of the information.
[2:16:51] Voice 7: Okay.
[2:16:52] Voice 7: And are aware that this development permit has been offered.
[2:16:55] Trustee Luckham (probable): Right.
[2:16:56] Trustee Luckham (probable): So given that this is all in the same single application item, you can just include that. We don't need to give you a specific direction.
[2:17:05] Voice 7: I would.
[2:17:07] Voice 7: Okay, if you want specific direction.
[2:17:08] Voice 7: But I think specific direction to say and be included.
[2:17:12] Trustee Luckham (probable): So the motion should then be amended to say and include this motion in the referral.
[2:17:21] Trustee Luckham (probable): That would be critical.
[2:17:24] Voice 22: So
[2:17:26] Voice 7: that was your motion.
[2:17:28] Voice 7: Pardon?
[2:17:29] Voice 7: That was your motion.
[2:17:30] Voice 7: It hasn't been seconded.
[2:17:32] Voice 7: It won't suit in the top of the menu here.
[2:17:34] Trustee Luckham (probable): Yeah, I'm going to acknowledge the applicant.
[2:17:38] Trustee Luckham (probable): The applicant has their hand up.
[2:17:40] Trustee Luckham (probable): Do you want to say something?
[2:17:41] Trustee Luckham (probable): This motion is...
[2:17:43] Trustee Luckham (probable): i yeah
[2:17:43] Voice 7: i need some clarity myself i thought that after we met all the requirements which we did
[2:17:54] Voice 7: for the dp you're right
[2:17:56] Voice 7: and then we were delayed one month and we
[2:18:01] Trustee Elliott: were delayed two months
[2:18:02] Voice 7: and then
[2:18:03] Voice 7: we were delayed we were delayed for the referral to the first nations and the first nations
[2:18:07] Voice 7: responded
[2:18:11] Voice 7: that that would be
[2:18:12] Voice 7: that we've met the requirements
[2:18:14] Trustee Elliott: this is an administration
[2:18:16] Trustee Elliott: which I spent
[2:18:18] Trustee Elliott: a lot of time and money
[2:18:20] Trustee Elliott: meeting the requirements
[2:18:22] Trustee Elliott: for if I would
[2:18:25] Trustee Elliott: have known that it was
[2:18:27] Trustee Elliott: all really just smoke
[2:18:29] Trustee Elliott: and mirrors and
[2:18:30] Trustee Elliott: someone else's new agenda
[2:18:32] Trustee Elliott: and there was a new
[2:18:35] Trustee Elliott: requirement placed upon me
[2:18:37] Trustee Elliott: i would have made totally different decisions and i did what i was supposed to do
[2:18:45] Trustee Elliott: asked by the i trust once again foolishly i trusted the trust now i've trusted the trust
[2:18:54] Trustee Elliott: as i think a pretty good citizen of gabriola and now i'm getting told again oh
[2:19:00] Trustee Elliott: fooled you we've got something else that we can and then i'll meet that requirement
[2:19:07] Trustee Elliott: and then the goalposts will change again.
[2:19:11] Trustee Elliott: This is not just about this or me or this VP.
[2:19:17] Trustee Elliott: This is about the public needing consistent, accurate guidelines.
[2:19:26] Trustee Elliott: This is about treating the public also with respect and fairness.
[2:19:33] Trustee Elliott: And I have way better things to do with my money.
[2:19:37] Trustee Elliott: than to update a geological report and to get a forestry report and to get the engineers.
[2:19:44] Trustee Elliott: You know, I would have never, ever done it.
[2:19:49] Trustee Luckham (probable): Understood, and I do.
[2:19:51] Trustee Luckham (probable): And I think ultimately it will all become clear in the end, I think.
[2:19:57] Trustee Luckham (probable): But Trustee Elliott?
[2:19:59] Trustee Elliott: If you want a subdivision, it is a condition of subdivision that you would get the development permit.
[2:20:04] Trustee Elliott: You would have to do the work anyways.
[2:20:06] Trustee Elliott: So it's not for nothing.
[2:20:07] Trustee Elliott: thing it's just that we are requesting that there is an indication this subdivision would even move
[2:20:14] Trustee Elliott: ahead before this ltc will issue a development permit that the nation has expressly said they
[2:20:22] Trustee Elliott: do not consent to so the work would have to be done i'm sure your money has not been spent in
[2:20:29] Trustee Elliott: vain if his subdivision has approved we would need the development permit anyways it's just
[2:20:35] Trustee Elliott: an order of consequence no i started my development permit before the publication after
[2:20:42] Trustee Elliott: this this
[2:20:43] Voice 6: subdivision application went infinite and i i thought okay you know
[2:20:48] Voice 16: i have a lot of
[2:20:49] Voice 16: patience but and
[2:20:50] Voice 6: and
[2:20:51] Voice 7: so i need the requirements and now you're saying the rules are different
[2:21:00] Voice 7: requirements. You know, the rules have to be the rules. And what do we depend on? Just start
[2:21:11] Voice 7: driving on the other side of the road? Or what do we do here?
[2:21:14] Trustee Luckham (probable): Anything's possible, I guess. But you
[2:21:16] Trustee Luckham (probable): know, quite frankly, the options before me as the chair is I move the motion to approve the
[2:21:23] Trustee Luckham (probable): development permit, and two trustees are going to vote against it. You still don't have your
[2:21:27] Trustee Luckham (probable): permit well
[2:21:28] Voice 7: that that's up to them no
[2:21:30] Trustee Luckham (probable): that's up to you you're right and so what i'm offering
[2:21:32] Trustee Luckham (probable): is just defer this and see what comes to the com the referral back to the approving officer
[2:21:38] Trustee Luckham (probable): and maybe there's some variation on a theme that comes out of it and maybe we can improve
[2:21:42] Trustee Luckham (probable): a development permit at some point i
[2:21:44] Trustee Elliott: i you see i have okay that's
[2:21:48] Trustee Luckham (probable): all i have
[2:21:53] Trustee Luckham (probable): I have nothing further to add.
[2:21:55] Trustee Luckham (probable): It's just over.
[2:21:56] Trustee Elliott: You know, I just can't take your word for anything
[2:21:58] Trustee Elliott: because I've been here so many times.
[2:22:01] Trustee Elliott: Okay.
[2:22:01] Trustee Elliott: I've been personally attacked, been abused, been bullied.
[2:22:04] Trustee Elliott: And, you know, it's...
[2:22:08] Trustee Luckham (probable): And I want to continue the conversation at this table.
[2:22:10] Voice 6: Okay.
[2:22:14] Trustee Luckham (probable): There's a motion on the floor.
[2:22:16] Trustee Luckham (probable): If you don't agree with it,
[2:22:17] Trustee Luckham (probable): then we can simply vote on it to advance it or not.
[2:22:21] Trustee Luckham (probable): Do you understand what the motion is?
[2:22:22] Trustee Elliott: I'm a little lost to defer.
[2:22:25] Trustee Elliott: And then what was the...
[2:22:27] Trustee Elliott: Lisa, do you have that motion?
[2:22:29] Voice 23: Through the chair, yes, I do.
[2:22:32] Voice 23: Move that the Gabriel Island Local Trust Committee
[2:22:35] Voice 23: defer the development permit approval
[2:22:38] Voice 23: until they have received response
[2:22:40] Voice 23: from the approving officer regarding the referral
[2:22:43] Voice 23: and include this motion in the referral.
[2:22:49] Voice 10: Thank you.
[2:22:51] Voice 10: I'll second that.
[2:22:52] Trustee Luckham (probable): Okay. So moved and seconded. Any further discussion? All those in favor? Okay. So then, if I'm not mistaken, that concludes 8.2. Let's break for lunch, and we'll come back at 1.30.
[2:23:09] Voice 12: All right. Thank
[2:23:11] Trustee Luckham (probable): you, everybody, for being here today. I just got to see you. We're coming in joining us today.
[2:23:48] Voice 10: Thank you for watching.
[2:25:25] Voice 11: I'm sending text.
[2:53:55] Voice 11: lisa are you with us yes i'm
[2:54:01] Voice 22: here thank
[2:54:02] Trustee Luckham (probable): you very much um thank you for sticking with us through
[2:54:05] Trustee Luckham (probable): that um thank
[2:54:07] Voice 4: you for everything lisa you're amazing i
[2:54:10] Voice 23: need i need toby's notes thanks
[2:54:14] Voice 7: oh yes
[2:54:15] Voice 23: so
[2:54:18] Voice 7: i think we are at 1 30.
[2:54:22] Trustee Luckham (probable): close um so welcome back to the local trust committee
[2:54:28] Trustee Luckham (probable): committee meeting of May the 23rd, we certainly had an active and productive morning. We
[2:54:40] Trustee Luckham (probable): concluded, we jumped around the agenda a bit, we concluded item 8.2, and I'm going to stick to
[2:54:48] Trustee Luckham (probable): applications and referrals and go to item 8.1, Gabriela rezoning 2022.1, Moen, and the applicant
[2:54:57] Trustee Luckham (probable): is in the room with us here today.
[2:54:58] Trustee Luckham (probable): And so the process is we hear this summary
[2:55:02] Trustee Luckham (probable): of the staff report,
[2:55:03] Trustee Luckham (probable): and then I'll give you the opportunity
[2:55:06] Trustee Luckham (probable): to speak to the application if you agree
[2:55:09] Trustee Luckham (probable): or concur with the recommendations that staff have,
[2:55:12] Trustee Luckham (probable): or if you have any new information you'd like to offer us.
[2:55:14] Trustee Luckham (probable): And then we'll have a conversation at this table
[2:55:16] Trustee Luckham (probable): and we may ask you questions as we may ask staff questions,
[2:55:19] Trustee Luckham (probable): and then we'll make a decision here.
[2:55:22] Trustee Luckham (probable): So with that said, Gabrielle is zoning 2022.1.
[2:55:26] Trustee Luckham (probable): over to you okay thank you thank you plan about this
[2:55:31] Voice 18: report introduces
[2:55:33] Voice 18: proposed bylaws for 750 Tin Can Alley to change the land use designation in the
[2:55:39] Voice 18: OCP from local commercial to village commercial and the zoning from local
[2:55:44] Voice 18: commercial 3 to a new site specific zone called village commercial 3 the village
[2:55:51] Voice 18: center development permit area is also proposed to be extended off this
[2:55:54] Voice 18: this property. And the new Village Commercial 3 zone would expand the uses that are currently
[2:56:00] Voice 18: permitted on the lot to allow flexibility for future development of the property. The
[2:56:06] Voice 18: new proposed uses are retail sales and rentals, personal services, restaurant, bakeries, limited
[2:56:14] Voice 18: public market, and offices. And in addition, the bylaw proposes two dwelling units to be
[2:56:20] Voice 18: permitted on the lot with one of those units being secured as a portable housing through a housing
[2:56:25] Voice 18: agreement. The zone also requires that buildings and structures for principal uses be connected to
[2:56:31] Voice 18: a rainwater harvesting and collection system. So the bylaws are there for you and the recommendations
[2:56:40] Voice 18: to give for treating and to send referrals to First Nations agencies or other governments.
[2:56:48] Trustee Luckham (probable): Very good. Okay, thank you, Planner Bough. So I'll turn to the applicant, Kent, is it?
[2:56:53] Trustee Luckham (probable): Yeah.
[2:56:54] Trustee Luckham (probable): Do you have any remarks? Do you concur with the recommendations from staff?
[2:56:59] Trustee Luckham (probable): Yeah,
[2:57:00] Voice 20: I read through it, and it's pretty much what we've been talking about, and we had some discussions between Stephen and I.
[2:57:10] Voice 20: Okay,
[2:57:11] Trustee Luckham (probable): excellent. Thank you. So, trustees, what would you like to do with this? Do you have any questions for staff or the applicant?
[2:57:16] Trustee Luckham (probable): Okay. Yep.
[2:57:18] Trustee Luckham (probable): Trustee Elliott.
[2:57:19] Trustee Elliott: Thank you, sir.
[2:57:22] Trustee Elliott: So just in reviewing the report, I'm more concerned mostly about water and the extent of the uses
[2:57:35] Trustee Elliott: and whether that's been adequately calculated, you know, for a 60-seat restaurant, bakery, and all the other uses.
[2:57:45] Trustee Elliott: is so um and noting that the well test although i think 0.005 is that liters per second yeah
[2:57:59] Trustee Luckham (probable): lots of different numbers 0
[2:58:01] Trustee Elliott: .006 and 0.005 liters per second um it does seem to be in the
[2:58:07] Trustee Elliott: lower range of all the other wells in the um in the area so i know that there's consideration of
[2:58:15] Trustee Elliott: rainwater harvesting and cisterns cistern collection for a lot of the water use um
[2:58:25] Trustee Elliott: my my thought on this is whether it actually could be fleshed out a bit more as to the
[2:58:31] Trustee Elliott: clarity of how much you know a 60 seat restaurant is going to pull
[2:58:37] Trustee Elliott: plus a nursery plus two family dwellings and accessory dwellings
[2:58:43] Trustee Elliott: i didn't really see that calculated anywhere um unless i'm missing it so i've got the
[2:58:53] Trustee Elliott: and so my thought was would this be something that our um freshwater specialist william
[2:58:59] Trustee Elliott: schulbach would be able to look at the report and sort of assess this against other similar
[2:59:07] Trustee Elliott: similar proposals and their water usage in the Islands Trust area, looking at the well
[2:59:13] Trustee Elliott: test and all of that before it's sent for referral. I just, I don't know if he'd be
[2:59:19] Trustee Elliott: able to provide that expertise.
[2:59:23] Voice 18: So we could certainly refer this to the senior freshwater specialist William Chobha and as
[2:59:33] Voice 18: far as what he would, exactly what he could provide us. I'm not, I'm not sure, but we
[2:59:39] Voice 18: can certainly make a request for the particular information you're seeking and if he weren't
[2:59:44] Voice 18: wasn't able to then you could make a request for additional information from the applicant as well
[2:59:49] Voice 12: yeah so
[2:59:51] Trustee Luckham (probable): were you suggesting we send it simultaneously to William or beforehand
[2:59:56] Trustee Luckham (probable): I
[2:59:56] Trustee Elliott: would want to see so the water usage
[3:00:00] Trustee Elliott: requirements I'm looking at page 62 this is a very small analysis I would say and
[3:00:09] Trustee Elliott: we're talking about you know a lot more development capacity and so the you have
[3:00:19] Trustee Elliott: indicated that most of the water for garden coat watering could be sourced
[3:00:22] Trustee Elliott: from way rain water estimated current usage but to me this is kind of a
[3:00:27] Trustee Elliott: critical piece and it's what i and i think lots of um residents want to know is how much water
[3:00:36] Trustee Elliott: would be drawn from the aquifer how much would be sourced from rain rainwater and if it can't
[3:00:42] Trustee Elliott: be collected and not water collected you know how many trucks of refill would you be expecting
[3:00:49] Trustee Elliott: So I just find the report and the plan a little insufficient to be able to make a decision
[3:00:58] Trustee Elliott: right now about the number of uses that the zoning is proposing to put on the site.
[3:01:14] Trustee Elliott: That's the end of my comments.
[3:01:15] Trustee Elliott: So I want to have this report reviewed by William Shulva as to whether the permitted
[3:01:22] Trustee Elliott: principal uses and accessory uses um and the water supply information is adequate
[3:01:35] Trustee Elliott: and what are the potential implications it's just for me it was the 60 seat restaurant i've worked
[3:01:46] Trustee Elliott: in restaurants i've worked for your nursery just to be clear or i don't know if that's a conflict
[3:01:51] Trustee Elliott: of interest um but i've worked for pretty much most of the servants um organizations on the on
[3:01:58] Trustee Elliott: on the island so you're not working for them i'm not
[3:02:00] Trustee Elliott: working for anybody at the moment let's worry
[3:02:03] Trustee Elliott: unless you are but i know that you know a lot of these um commercial uses use a lot of water
[3:02:11] Trustee Elliott: so i don't really see a clear calculation of that because the permitted principal uses isn't really
[3:02:18] Trustee Elliott: fleshed out there isn't which i understand you don't want to do the i won't do all the drawings
[3:02:25] Trustee Elliott: and all the preliminary work if you don't have the zoning.
[3:02:27] Trustee Elliott: So I'm not looking for a site plan, so to speak,
[3:02:33] Trustee Elliott: but a little more analysis of the water use
[3:02:36] Trustee Elliott: and then how much would be expected to be collected
[3:02:40] Trustee Elliott: from rainwater realistically.
[3:02:42] Trustee Elliott: That's, I think that's a conversation before this.
[3:02:46] Trustee Elliott: I'm ready to do first reading on this and refer it out.
[3:02:54] Voice 8: So Chair Luck, I might have a similar comment.
[3:02:57] Voice 8: My
[3:02:58] Voice 7: first thought was water. I'm having a pretty good idea of the amount of water that's required
[3:03:07] Voice 7: for
[3:03:08] Trustee Elliott: most commercial uses. And my biggest concern is that there are no development plans provided
[3:03:16] Trustee Elliott: with this application. So we're not really sure what the actual water needs are going
[3:03:22] Trustee Elliott: to be and I too would like to see this referred to William Showa, the freshwater specialist,
[3:03:28] Trustee Elliott: but I don't know if he would be able to add any more information that this already we've got
[3:03:34] Trustee Elliott: something from the hydrogeologist already without knowing a little bit more detail about what the
[3:03:41] Trustee Elliott: plans are for this development.
[3:03:48] Trustee Luckham (probable): Well I'm sure that he would be able to offer us advice and that may
[3:03:52] Trustee Luckham (probable): i mean that you know i'm sure it would be helpful i hope so
[3:03:56] Trustee Elliott: i mean it doesn't it certainly doesn't
[3:03:59] Trustee Elliott: hurt to ask my other comments
[3:04:02] Trustee Luckham (probable): uh the report doesn't indicate it does indicate that there
[3:04:08] Trustee Luckham (probable): there were no concerns yeah
[3:04:10] Trustee Elliott: i i know that notes also that a lot of the current water use
[3:04:15] Trustee Elliott: could be provided by rainwater
[3:04:17] Voice 12: whether
[3:04:18] Trustee Elliott: it will be or not is another thing but if an additional
[3:04:22] Trustee Elliott: Well, it's real like to me. Yeah, I
[3:04:28] Voice 20: mean on the rezoning the stuff it's requiring any buildings to come with rainwater harvesting.
[3:04:40] Voice 20: So that's built into the application or rezoning.
[3:04:46] Voice 20: and currently we're probably the highest water use of anything on the island right now due to
[3:04:55] Voice 20: watering plants every day during the summer from May till September every year for the last 20
[3:05:02] Voice 20: years and that can easily be done with rainwater there's no legal regulations that say I can't
[3:05:11] Voice 20: water so all of the water that we're currently using could easily support any of this development
[3:05:20] Voice 20: and the 60 seat restaurant i just picked that up and i don't know i have no idea
[3:05:28] Trustee Elliott: it's a big difference between a cafe bakery and a 60 seat restaurant
[3:05:32] Trustee Elliott: it indicates
[3:05:35] Trustee Luckham (probable): actually that the water usage is relatively small but what you're saying is
[3:05:40] Trustee Luckham (probable): and by comparison to adjacent lots it's significant yeah
[3:05:46] Voice 20: i mean we're we we seriously water the holes
[3:05:50] Voice 20: are going all day every day or something
[3:05:53] Voice 20: until september and that's coming
[3:05:57] Trustee Luckham (probable): out of cisterns that's
[3:05:58] Trustee Luckham (probable): why yes i don't have any way of mentioning so
[3:06:01] Trustee Elliott: what
[3:06:02] Trustee Luckham (probable): would you like to do oh
[3:06:04] Trustee Elliott: there's a comment from
[3:06:05] Trustee Elliott: I
[3:06:06] Voice 18: can write a couple of comments. One is noted in the report that a groundwater license would
[3:06:12] Voice 18: be required for further commercial development on the property and part of that process would
[3:06:19] Voice 18: be to ensure there's sufficient water for the uses and it's further down the line so
[3:06:27] Voice 18: it would be specific to the actual development. Currently there's no development plans associated
[3:06:32] Voice 18: associated with the application, and so it's really seeking to add flexibility to what's permitted on the lot without a specific plan for exactly which uses, if all of the uses or some of those uses are built out.
[3:06:49] Trustee Elliott: Yeah, I get that. So my other comment is because this now becomes part of the village area type, like specific village commercial zone,
[3:06:59] Trustee Elliott: in many of the discussions i attended with the village visioning we talked about affordable
[3:07:09] Trustee Elliott: housing affordable rental housing above the commercial units similar to what madrona has
[3:07:18] Trustee Elliott: over there but instead of office or could be office too you would have affordable rental
[3:07:24] Trustee Elliott: that is really important to me that is way more important to me than having two extra dwellings
[3:07:31] Trustee Elliott: on that property that one could be affordable and one not that take up a lot of space
[3:07:41] Trustee Elliott: infrastructure that kind of thing you are in an ideal location to provide rental space above your
[3:07:49] Trustee Elliott: commercial operation and as far as i'm concerned that's kind of part of the village visioning which
[3:07:54] Trustee Elliott: which allows you to now be included in the village commission.
[3:08:01] Trustee Elliott: I'm looking back 30 years when that was the only place where we had a nursery,
[3:08:09] Trustee Elliott: and the community was adamantly against any commercial operation at all.
[3:08:14] Trustee Elliott: They had to really work hard to get just a nursery.
[3:08:17] Trustee Elliott: They donated that entire property for Y-Lo.
[3:08:20] Trustee Elliott: you know so times are changing but i personally still would like to see
[3:08:29] Trustee Elliott: someone who's doing a development and expanding their ability to make more money in a good way
[3:08:35] Trustee Elliott: in the community to offer something like affordable housing and the cheapest way to do it
[3:08:44] Trustee Elliott: and the most efficient is to have it on the second in fact even the even the little roundup
[3:08:50] Trustee Elliott: cafe has affordable housing of the restaurant only one but you know it seems like it would
[3:08:57] Trustee Elliott: be an ideal thing to offer this community so those are my only comments okay
[3:09:05] Trustee Luckham (probable): so we'll need
[3:09:06] Trustee Luckham (probable): a motion if we want to redirect this and um i don't know what other emotions we really
[3:09:16] Voice 7: So that's, yeah, so I
[3:09:18] Trustee Elliott: concur with the sentiments, I guess I would ask the applicant, are you
[3:09:27] Trustee Elliott: open to having both residences be affordable housing or some combination of the accessory
[3:09:36] Trustee Elliott: dwellings because there's potentially four units right that would be allocated
[3:09:43] Trustee Elliott: is that right no there's
[3:09:45] Voice 18: maximum two units per minute one of which is proposed
[3:09:51] Voice 18: at this point one of which is proposed to be affordable what
[3:09:56] Trustee Elliott: about this with
[3:09:57] Trustee Elliott: two accessory dwellings with each
[3:09:59] Voice 18: oh I'm not sure there's two accessory
[3:10:05] Voice 18: dwelling units permitted and there's accessory buildings permitted to not
[3:10:10] Trustee Elliott: accessory dwellings
[3:10:13] Trustee Elliott: so thank you because i was unclear because i thought the zoning was going to go from three
[3:10:18] Trustee Elliott: to four because three was an uneven number i read that somewhere
[3:10:23] Trustee Elliott: let me just i need to ask some questions about that so what i envision is not more large
[3:10:32] Trustee Elliott: in residential homes unless of
[3:10:34] Trustee Elliott: course it's for you to live in which makes perfect
[3:10:36] Trustee Elliott: i envision
[3:10:38] Trustee Elliott: because of community concerns over the last 20 years that have been stated at the village
[3:10:44] Trustee Elliott: visioning events we want our commercial enterprises now to have dwellings on the
[3:10:51] Trustee Elliott: second level it's efficient it's it's a pleasant way to live you know it's a great combination of
[3:10:58] Trustee Elliott: residential and commercial and i really believe that you're in an ideal location
[3:11:03] Trustee Elliott: so what i envision is that we move this forward but then when this comes to public hearing
[3:11:11] Trustee Elliott: you'll have a little bit more to offer to the community in what they really need i mean we
[3:11:19] Trustee Elliott: might need more retail and all that too i'm i'm not the one to determine that but i know we need
[3:11:26] Trustee Elliott: okay withdraw my questions about the permanent buildings and structures i see it there thank you
[3:11:37] Voice 10: um
[3:11:42] Trustee Elliott: well it's it is tricky for commercial operators to offer residential housing
[3:11:49] Trustee Elliott: i don't know what your thoughts are on that um but yeah what would you say well
[3:11:57] Trustee Elliott: Well,
[3:11:57] Voice 20: when I first approached Planner Dupenik with this idea, I had no intent of adding residential at all.
[3:12:11] Voice 20: It was a recommendation from her to add because the property could do it and having at least a affordable unit would be a good thing.
[3:12:24] Voice 20: So that's where that came from.
[3:12:26] Voice 6: And I
[3:12:28] Voice 20: thought, well, you
[3:12:29] Voice 6: know,
[3:12:30] Voice 20: one could be designated affordable, the other one could be available, but it may down the road be an owner's suite or a manager's suite or something like that.
[3:12:41] Voice 20: You know, eventually I'll want to retire.
[3:12:46] Voice 20: So that's where it's like one could be designated affordable, maybe we should designate both.
[3:12:52] Voice 8: Right.
[3:12:55] Voice 20: That's where I came from. It never was in my head at the beginning to have residential on there.
[3:13:03] Voice 20: And you know two is the maximum we can have.
[3:13:06] Voice 20: But
[3:13:06] Trustee Elliott: I think we need to be looking at that because when we're talking about floor space and about how much occupancy space.
[3:13:15] Trustee Elliott: Well two may be the maximum you can have with our current, you know,
[3:13:18] Trustee Elliott: the way we build individual homes taking up lots of space and infrastructure we need to be creative
[3:13:27] Trustee Elliott: and as we go forward i would envision four or six small nice units depending on how big your bottom
[3:13:36] Trustee Elliott: you know how much you have on the bottom all to the benefit of your business actually when you
[3:13:43] Trustee Elliott: have people living above. I don't see just two. That is, to me, archaic in this day and age.
[3:13:50] Trustee Elliott: I see smaller, nice units for rental. I live in 830 square feet, quite happily.
[3:14:01] Trustee Elliott: Should we say apartments? Is the word apartments allowed to be said on Gabriel?
[3:14:09] Voice 20: in my head i'm i'm moving the entire garden center to the back okay so
[3:14:16] Voice 20: there's two existing
[3:14:17] Voice 20: buildings there so the building at the back would then become probably another greenhouse
[3:14:21] Voice 20: and a retail space with a unit above it um there's two existing buildings there that would
[3:14:30] Voice 20: would be as is one might become a cafe the other one might become a um this restaurant or something
[3:14:37] Voice 20: um the other buildings that could possibly happen would be smaller and little shops sort of thing
[3:14:47] Voice 20: i'm told that there's something like what i had in my head on um oh what's the island uh you have
[3:14:54] Voice 20: to take a cable ferry over and then
[3:14:57] Trustee Elliott: hornby hornby has
[3:14:59] Trustee Elliott: what
[3:15:00] Voice 20: i had in my head
[3:15:01] Voice 20: that i can't describe
[3:15:02] Trustee Elliott: circle yeah
[3:15:04] Voice 20: i've seen some photos online and it sort of looks close yeah
[3:15:08] Voice 22: so
[3:15:09] Voice 20: this is what's in my
[3:15:11] Voice 20: head i'm not thinking of big huge buildings and you know lots of apartments that
[3:15:19] Voice 7: sort of thing
[3:15:20] Voice 7: just
[3:15:21] Voice 20: so we're you know where i'm coming from um yeah that's what's in my head and the whole
[3:15:29] Voice 20: point of this is i think if i can't diversify this business is going to disappear um so we've
[3:15:39] Voice 20: seen what's happened at twin beaches and that's that's direct attack at 50 of my business yeah
[3:15:45] Voice 20: so that's just the realities of the world
[3:15:50] Trustee Elliott: totally i completely get that and
[3:15:54] Trustee Elliott: really you're ideally
[3:15:55] Trustee Elliott: located to create a little village hub absolutely and mixed use um site would be nice um i agree
[3:16:04] Trustee Elliott: with trustee yates that when you're building infrastructure anyways the cheapest way to build
[3:16:10] Trustee Elliott: and affordable housing is to use existing infrastructure or go above um i guess that's
[3:16:16] Trustee Elliott: why i wanted to know your appetite for that because if there's no desire you could get the
[3:16:21] Trustee Elliott: zoning for it but never build it right and that's kind of a are we making a social contract with the
[3:16:26] Trustee Elliott: community as this will go through lots of process and readings and consultation so we're at the
[3:16:33] Trustee Elliott: beginning. But I guess to be aware of that, by putting
[3:16:38] Trustee Elliott: housing in there, there does really need to be a willingness
[3:16:41] Trustee Elliott: that that's what you want to do. Otherwise, you just won't use it
[3:16:46] Trustee Elliott: in the zone. Right. And then you can get all those other uses,
[3:16:50] Trustee Elliott: but the community wouldn't necessarily achieve a benefit of
[3:16:54] Trustee Elliott: housing. So it's, but I would love to see a more fleshed out
[3:16:59] Trustee Elliott: a plan and they just it's kind of feels like guesswork right now um and it feels too early
[3:17:07] Trustee Elliott: to refer it but to refer it to the agency because i just don't think there's i think what kind of
[3:17:18] Trustee Elliott: comment will we get back
[3:17:19] Voice 10: so
[3:17:24] Trustee Luckham (probable): obviously the applicant's applications is what we've conceived
[3:17:28] Trustee Luckham (probable): Can
[3:17:29] Trustee Elliott: we ask Planner Bell, is it too early to refer it at this stage?
[3:17:37] Voice 18: So, to ensure the LTC is not at a point where they wish to give by-law readings, then it would not recommend referring the by-law at this stage.
[3:17:50] Voice 18: because it's just a draft bylaw it's not been given any the LTC hasn't decided that that's
[3:18:00] Voice 18: something they're interested in proceeding with and so I would not recommend referring of the
[3:18:06] Voice 18: bylaw if you don't decide that you do not wish to give a first reading today but you could seek
[3:18:11] Voice 18: additional information in the form of referring to the senior fresh water specialist for information
[3:18:18] Voice 18: on water or you could see you know ask for development plans or additional information
[3:18:26] Voice 18: from the applicant as well.
[3:18:28] Trustee Elliott: Yeah I mean there's some of these I'd be happy to kind of move along
[3:18:33] Trustee Elliott: but it's probably better if they all move along at the same time you know and I do want to see
[3:18:39] Trustee Elliott: it move along I you know but as I say we're in a different era now than we were 30 more than 30
[3:18:48] Trustee Elliott: years ago actually when the wild rose nursery first came into being and we now know that the
[3:18:54] Trustee Elliott: the best way for the public to at a public hearing when this goes to public hearing your best options
[3:19:02] Trustee Elliott: for approval from the community is i really believe just to offer housing and i'm sorry that
[3:19:09] Trustee Elliott: this limits it to two because i don't i don't think it should limit it to two i think it should
[3:19:17] Trustee Elliott: be based on
[3:19:18] Voice 12: availability
[3:19:20] Trustee Elliott: of water and availability to what you know enormous houses like we're used
[3:19:27] Trustee Elliott: to seeing built or well
[3:19:30] Voice 16: it all depends on the scope of the project and
[3:19:33] Trustee Elliott: as you say you know you
[3:19:34] Trustee Elliott: don't know how many commercial buildings you want right now either and it will depend on that and
[3:19:40] Trustee Elliott: what their layout is yeah you know maybe you can only offer two and if you can only do that then
[3:19:48] Trustee Elliott: that's okay too but two is better than none um but i'd like to see like four or six
[3:19:56] Trustee Elliott: that's just my personal wishes knowing what the community has been saying for the last 20 years
[3:20:03] Trustee Elliott: at village vision events where every commercial development now should have residential above
[3:20:11] Trustee Luckham (probable): of.
[3:20:12] Trustee Elliott: Yeah, it's been consistent. So
[3:20:14] Trustee Luckham (probable): in all the scenarios that talk about the water seems to be
[3:20:19] Trustee Luckham (probable): the question that needs to be answered here. Is that correct?
[3:20:22] Trustee Elliott: I'd say two questions. Is the
[3:20:25] Trustee Elliott: applicant wanting to consider more dwellings, whatever size, whatever configuration of affordable
[3:20:32] Trustee Elliott: housing? And then is there enough information in the report that freshwater specialist William
[3:20:38] Trustee Elliott: in Shulba could take a look and assess, you know, if there were two dwelling units and
[3:20:44] Trustee Elliott: this is the draw, this is the use. I just think this needs more work. You need to actually
[3:20:50] Trustee Elliott: define what you want to do, because it's really hard to say we should approve this zoning
[3:20:56] Trustee Elliott: when we don't, there's such a range of uses in here, but you actually don't know what
[3:21:01] Trustee Elliott: you want to do. So it's like, how do we, how do we get that information?
[3:21:08] Trustee Elliott: Is
[3:21:11] Voice 18: it sure that information would normally be provided in the form of a development plan
[3:21:14] Voice 18: of building elevations, floor plans, uh, uh, uh, location and buildings, um, uses.
[3:21:27] Voice 10: So
[3:21:28] Trustee Luckham (probable): you're saying we should be asking for a development plan?
[3:21:31] Trustee Luckham (probable): Through the
[3:21:34] Trustee Elliott: chair, another consideration, this is for permitting land uses. So
[3:21:37] Voice 7: a
[3:21:38] Trustee Elliott: landowner may not know what is what the plan could be at this current time so the contemplation
[3:21:47] Trustee Elliott: is what
[3:21:48] Voice 7: permitted use is to what extent the LTC is wishing to consider and then a future
[3:21:56] Voice 7: development permit building permit would come forth to actually specify what exactly is getting
[3:22:04] Voice 7: built. So it is a bit of what degree of flexibility for that information you wish to consider
[3:22:12] Voice 7: for the rezone for the zoning application. So
[3:22:18] Voice 7: that you may not always have all of the
[3:22:21] Voice 7: development information up front, but to what extent you can.
[3:22:29] Trustee Elliott: And I mean, I think it's good to give you our ideas right now and our sentiments. But
[3:22:35] Trustee Elliott: that
[3:22:36] Voice 3: the public will, at some point, chime in to when it goes to public hearing.
[3:22:46] Voice 12: The
[3:22:47] Trustee Elliott: good parts, I commend you on, you know, the willingness to transfer everything over to rainwater supply.
[3:22:56] Trustee Elliott: I do encourage you to exercise the OCP policy 7.4,
[3:23:01] Trustee Elliott: low water use, extra retention of rainwater, runoff in cisterns and ponds.
[3:23:06] Trustee Elliott: you know as much as we can do to make things not gravel and cement and just water evaporating but
[3:23:15] Trustee Elliott: actually getting recycled into the whole system
[3:23:18] Voice 6: it'll
[3:23:20] Trustee Elliott: be great to see some kind of model of that
[3:23:23] Trustee Elliott: um and i'm glad that you got the sewerage and the water use report thank you
[3:23:38] Trustee Elliott: it's just hard to decide i have a question um might help us a little bit here um platter bow
[3:23:45] Trustee Elliott: i'll ask you this question in the um in the draft bylaw 319 the land use bylaw um it's to create a
[3:23:54] Trustee Elliott: new site-specific village commercial zone that's great um and to allow a broader range of commercial
[3:24:02] Trustee Elliott: And up to two dwelling units. Is that totally constrained to two? Like, where does that number two come from?
[3:24:11] Voice 18: So, yes, it is restricted. The proposed zone is restricted to a maximum of two dwelling units.
[3:24:21] Voice 18: And that is essentially, I mean, there's a couple of things. There's an OTP policy about increasing density.
[3:24:31] Voice 18: city yeah um there's also currently the lot has subdivision potential and is permitted one dwelling
[3:24:42] Voice 18: unit per lot so which is two dwelling units for the the current size lot this proposed zone
[3:24:47] Voice 18: removes the subdivision potential but would permit up to two volume units on the lot right
[3:24:55] Voice 18: And so that's a way of maintaining that same density.
[3:25:00] Voice 18: Yeah, I get that.
[3:25:04] Trustee Elliott: Yeah, I'm just finding that I totally get maintaining the density, but it
[3:25:12] Trustee Elliott: doesn't relate at all to the actual effect on the environment. We could have two enormous homes,
[3:25:20] Trustee Elliott: right? Just huge. Or we could have six really nice affordable housing units using way less
[3:25:27] Trustee Elliott: infrastructure way less resources way less water and we've got to start thinking differently
[3:25:34] Trustee Elliott: you know we have to start looking at land use coverage and square foot per ratios and that
[3:25:40] Trustee Elliott: kind of thing um but we'll never get out of this crazy syndrome we have where we cover a lot with
[3:25:50] Trustee Elliott: ability so yeah so do you have an answer to that
[3:25:55] Voice 18: just just i know this doesn't i'm not aware of
[3:26:01] Voice 18: zoning like this on gabriola but i believe other local trust areas do have zoning that
[3:26:06] Voice 18: looks at the floor area of a
[3:26:10] Voice 18: dwelling as opposed to the number of flooring events or
[3:26:13] Voice 18: some combination perhaps but um that's another way of looking at density i
[3:26:18] Trustee Elliott: know we have some
[3:26:19] Trustee Elliott: my wish list for the overview unfortunately yes i mean that is how we should be looking at it
[3:26:26] Trustee Elliott: really and truly if we're actually concerned about environmental protection and stewardship
[3:26:31] Trustee Elliott: we should be concerned about floor area ratio that's yeah
[3:26:36] Trustee Elliott: so
[3:26:37] Voice 10: could
[3:26:40] Trustee Elliott: we request staff explore options about the total floor square total square footage ratio
[3:26:48] Trustee Elliott: um being applied to dwellings instead of number of units in respect to this but we've got lots of
[3:26:57] Trustee Elliott: documentation on this the housing um baseline report that's been done there's been a lot of
[3:27:05] Trustee Elliott: analysis on the little square area footage it's not in our end use bylaw as a defining
[3:27:12] Trustee Elliott: characteristic but is that a lot of work to see how that might be applied here
[3:27:20] Trustee Elliott: to allow even more flexibility for the future and the other thing is our OEP it's not set in stone
[3:27:26] Trustee Elliott: we have had in the past I know because I was a trustee and we have had applications come to us
[3:27:32] Trustee Elliott: that actually changed the OCP and the OEP and then you know later on that's incorporated in the new
[3:27:39] Trustee Elliott: because that happens I mean applications come for it that can't wait for whenever our OCP
[3:27:47] Trustee Elliott: maybe it might be done who knows as i always say i'll be dead by then so you know now is when we
[3:27:54] Trustee Elliott: should start thinking creatively and and that's not to hold you to anything at all it's just some
[3:28:00] Trustee Elliott: ideas that might give you a better response from the public when it does grow to public hearing
[3:28:11] Trustee Luckham (probable): and i don't know it seems to me like these are much bigger broader
[3:28:15] Trustee Luckham (probable): concepts and projects and can be contained within what is essentially a spot zoning
[3:28:20] Trustee Luckham (probable): project this is a spot zoning right
[3:28:22] Trustee Elliott: well we're extending myself
[3:28:25] Trustee Elliott: well i guess it's a spot zoning but we're actually adding this property to the village
[3:28:32] Trustee Elliott: kind of area in the sense of the map you know and what we consider village so there's a catchment
[3:28:39] Trustee Elliott: area is that right so the village zoning but this is an amended version like the village s3 or
[3:28:46] Trustee Elliott: something
[3:28:46] Voice 7: so this
[3:28:47] Voice 18: is a site-specific zone that would only apply to this property but it is also
[3:28:51] Voice 18: included within your ocp designation that village commercial area is the village center development
[3:28:57] Voice 18: permit
[3:28:57] Voice 22: area yeah
[3:28:58] Voice 18: so that's that's where it is related to this um village commercial village
[3:29:03] Voice 18: center um but it is a site-specific zone yeah so it only applied to this one property
[3:29:10] Trustee Luckham (probable): And
[3:29:11] Voice 14: ideally it has to be dealt with in context to the other properties in that
[3:29:17] Voice 12: area.
[3:29:19] Voice 18: Well, the LTC can direct amendments and it is possible that we look at other ways of
[3:29:34] Voice 18: So for this zone, regulating the density of housing units.
[3:29:41] Voice 18: We would need direction to explore that
[3:29:44] Voice 18: and to come back to you with some information about that
[3:29:47] Voice 18: and then direction on that.
[3:29:48] Voice 18: If you're looking for a particular density,
[3:29:51] Voice 18: if it's a particular floor area number
[3:29:54] Voice 18: or a particular number of units,
[3:29:55] Voice 18: then you need to provide that direction as well.
[3:29:58] Voice 18: Touched you, Elliot.
[3:30:00] Trustee Elliott: So what I was looking at was tool three in the housing options toolkit.
[3:30:06] Trustee Elliott: This is zoning and policy options.
[3:30:10] Trustee Elliott: And what we've been working towards in the regional planning team is defining the different types of policy options you want to have in your OCP to apply, to have that flexibility to apply.
[3:30:23] Trustee Elliott: So rather than a site-specific zoning, for instance, does the applicant want to consider requiring workforce housing as a condition of this amended zoning or a, not multifamily, but zone per unit numbers or not housing types?
[3:30:45] Trustee Elliott: Like there's a lot of options in there that potentially you could explore and perhaps we could ask you to work through that with a planner and see if there's a type of housing or policy on the type of housing.
[3:31:01] Trustee Elliott: can it be applied to that site specific zone but we separate the residential element from the
[3:31:09] Trustee Elliott: commercial so that i'd like to have more conversation about the zoning i think we can
[3:31:17] Trustee Elliott: be more creative there's a ton of policy options in that table and i think if you're going to get
[3:31:22] Trustee Elliott: a lot more commercial development area there should be some kind of housing worked into that
[3:31:30] Trustee Elliott: but it doesn't have to be two units and
[3:31:35] Trustee Luckham (probable): then you get them back to the water question yeah for sure
[3:31:37] Trustee Elliott: yeah you're
[3:31:38] Trustee Luckham (probable): still coming back to the water yeah but
[3:31:41] Trustee Elliott: you know two residential units that are
[3:31:43] Trustee Elliott: currently allowed um they could use way more water than six apartments or whatever you want
[3:31:51] Trustee Elliott: to call them condos whatever um i know that because i lived in a place where we were very
[3:31:57] Trustee Elliott: careful with water because there are 24 of us to look after the water
[3:32:01] Voice 10: so
[3:32:03] Trustee Elliott: um yeah we have six
[3:32:05] Trustee Elliott: cisterns so i i don't want to you know i don't want to delay this getting going on this i just
[3:32:14] Trustee Elliott: want to have some creative ideas out there to not be stuck in the same old oh yeah it's commercial
[3:32:20] Trustee Elliott: so we should just let this happen and only this and you know we've had conversations at village
[3:32:25] Trustee Elliott: visioning events for 20 years now on gabriola where people are begging us to find a different
[3:32:32] Trustee Elliott: way to measure housing footprints and measure human footprints and mix commercial and residential and
[3:32:39] Trustee Elliott: those those things don't fail they always work you
[3:32:44] Voice 12: know
[3:32:45] Trustee Elliott: so we're going into an ocp review so
[3:32:49] Trustee Elliott: this is this is kind of a parallel process i do see it complementary to our ocp review
[3:32:56] Trustee Elliott: view where we can actually undertake some community input. I don't think it's ready to go
[3:33:01] Trustee Elliott: for referral. I'll say that. I think this should be considered and highlighted. How do we develop
[3:33:10] Trustee Elliott: this as a mixed use, commercial primarily, but how could housing be worked into the plan
[3:33:17] Trustee Elliott: plan taking using the tool three and all the policy options there and we've foregrounded
[3:33:28] Trustee Elliott: housing as a as a priority for ocq review so we could actually could we work this through
[3:33:34] Trustee Elliott: that project as well
[3:33:40] Trustee Elliott: he's always trying to make things work together play together now
[3:33:47] Trustee Elliott: If I may, through the chair, a thought I wanted to share is it would maybe benefit from some
[3:33:56] Trustee Elliott: direction for both staff and I think the applicant here if, for example, you'd like the applicant
[3:34:05] Voice 7: and staff to look at the housing toolkit, yeah, and then propose some
[3:34:12] Voice 7: community needs with the applicant and the housing toolkit.
[3:34:18] Voice 7: That way it may not need to be inserted.
[3:34:22] Voice 7: The application doesn't need to be inserted into the efficient green project.
[3:34:27] Voice 7: No, it's still looking at achieving some of the options that are important for the trust.
[3:34:33] Voice 11: um
[3:34:34] Voice 7: another consideration is the permitted uses allow a variety of uses within that zone
[3:34:41] Voice 10: so
[3:34:43] Voice 7: where you'll see it actually being built is at the next stage so this allows a variety of uses
[3:34:49] Voice 7: what may actually come through is for example up to six units may only be four until
[3:34:58] Voice 7: to water. That's what I was thinking. Subject to servicing of water. So
[3:35:04] Voice 7: just throwing the
[3:35:07] Voice 7: consideration out there that the permitted uses can be a variety of things. Ideally,
[3:35:12] Voice 7: you want to get close to the mark that makes sense. So putting that
[3:35:21] Trustee Elliott: out there in some direction
[3:35:23] Trustee Elliott: direction to to suffer from the past to what to explore would be helpful I have
[3:35:29] Trustee Elliott: one question and
[3:35:30] Trustee Elliott: then I actually would like to make that motion I think that would would not slow things down I
[3:35:35] Trustee Elliott: think would be helpful and my one question is there are a number of recommendations here that
[3:35:41] Trustee Elliott: we could get through today because like number four and five for example um would it be helpful
[3:35:48] Trustee Elliott: to move those today and then or or do they really need to all go in the same package i think they
[3:35:57] Voice 14: all need to go in the same
[3:35:58] Trustee Luckham (probable): package because some elements of those four or five for instance could
[3:36:02] Trustee Luckham (probable): change with respect to what yeah yeah
[3:36:06] Trustee Luckham (probable): so and those are not big deals yeah
[3:36:09] Trustee Elliott: so i'm in agreement with
[3:36:10] Trustee Elliott: you and and i would suggest if you want to make the motion that we direct the applicant to explore
[3:36:16] Trustee Elliott: with the planner the tools provided in housing options housing option tool three um and really
[3:36:24] Trustee Elliott: refine the housing idea a bit more i don't think it's it's not about dwelling unit numbers maybe
[3:36:33] Trustee Elliott: it's types and forms but i think there's some options in there that you might be able to land
[3:36:38] Trustee Elliott: on and that could provide more clarity to your plan so that would be the first suggestion if
[3:36:43] Trustee Elliott: If you want to do that idea, I'd support it.
[3:36:45] Trustee Elliott: And the second is to refer it as is to Senior Freshwater Specialist William Schultz for comment.
[3:36:54] Trustee Elliott: And if there's any gaps or further analysis that's needed, because he'll be working with us on the freshwater water balance plan.
[3:37:08] Trustee Elliott: And this could be sort of the top of the list.
[3:37:12] Trustee Elliott: So the Freshwater Specialist works for the Islands Trust and we have a project to calculate
[3:37:19] Trustee Elliott: water balance and water usage on the island so that we can do our OCP review.
[3:37:25] Trustee Elliott: So it's complimentary and this could be almost a test case where he gets to look at some
[3:37:32] Trustee Elliott: real data and a scenario that you want to develop.
[3:37:38] Trustee Elliott: What do we need to consider?
[3:37:40] Trustee Elliott: consider, he may be able to provide those, that lens. I think that would be really helpful.
[3:37:46] Trustee Elliott: And then we can move forward with, let's make, I would suggest two separate options. So I
[3:37:52] Trustee Elliott: wrote that the Gabriel Island Local Trust Committee requests the applicant to work with
[3:37:58] Trustee Elliott: the planner to review options in the housing options toolkit. Tool three. Tool number three.
[3:38:08] Trustee Elliott: for possible dwelling units
[3:38:15] Voice 7: for this proposal okay
[3:38:22] Voice 16: so moved did you get that lisa yes
[3:38:28] Voice 23: i got that
[3:38:30] Voice 16: seconded yeah
[3:38:31] Trustee Elliott: um well possible dwelling units i'm not sure if that really well just for for
[3:38:39] Trustee Elliott: dwelling unit possibilities i just wanted to remain as open as possible just to look at
[3:38:45] Trustee Elliott: options not constraining you to anything just to look at those options let's just explore options
[3:38:51] Trustee Elliott: in the in the tool three of the zoning and pharmacy yeah options because it is all about
[3:38:58] Trustee Elliott: having an option right that's all it is okay so i move that gabriel i'm a local test committee
[3:39:04] Trustee Elliott: request applicant to work with planning staff and explore and explore options in the housing option
[3:39:15] Trustee Elliott: Okay. Before
[3:39:22] Voice 7: I second it, I see Steven then.
[3:39:25] Voice 18: I'm not. Yeah, I'm sure. So we can explore options, the applicant and like staff.
[3:39:34] Voice 18: And you would like to, I guess I'm unsure what next then. You'd like to see a revised bylaw, a proposed bylaw with what?
[3:39:44] Voice 18: More
[3:39:45] Trustee Elliott: clarity on the housing type and form that is desired by the applicant.
[3:39:51] Trustee Elliott: Okay.
[3:39:54] Voice 10: Yeah, maybe we'd better hear from you.
[3:39:58] Voice 10: As
[3:39:58] Voice 20: I mentioned earlier, I had no housing in my hand when I started this.
[3:40:03] Voice 20: Currently, there's a restrictive covenant on the property that allows no residents.
[3:40:09] Voice 20: And I'm more than happy to keep that.
[3:40:12] Voice 20: that. And I really don't necessarily want to be a landlord. Okay. I said, okay, that
[3:40:23] Voice 20: sounds like a good idea. When it was recommended to me, that was the proposal that would get
[3:40:28] Voice 20: more public support. Yeah, to
[3:40:34] Voice 20: have a couple of units. So we're going to be going from
[3:40:38] Voice 20: zero to two. That's pretty good. And what's in my head isn't a bunch of big
[3:40:47] Voice 20: building apartments on top. I'm thinking funky little shops and little things. So
[3:40:54] Voice 20: I'm not sure if this site is the right test subject for what we're talking
[3:41:03] Voice 20: I
[3:41:04] Trustee Elliott: think it is, but I'm only talking about possibility.
[3:41:08] Trustee Elliott: I don't mean
[3:41:09] Trustee Elliott: making you start
[3:41:11] Voice 7: the ball rolling.
[3:41:12] Voice 7: You
[3:41:12] Trustee Elliott: are in the right area as far as village visioning discussion over the last 20 years.
[3:41:21] Trustee Elliott: We've been talking about that. So just explore the options.
[3:41:25] Trustee Elliott: And the zoning goes with the site, not with you.
[3:41:29] Trustee Elliott: yeah so if something happens to you halfway through this process it's sold or after you know
[3:41:36] Trustee Elliott: we're talking about zoning and use for the site and your your preferences might be i don't want
[3:41:42] Trustee Elliott: housing right now but we're talking 20 years into the future what is appropriate for this community
[3:41:48] Trustee Elliott: and it is to mix commercial development and to add on to infrastructure that exists so that we
[3:41:56] Trustee Elliott: can have housing where it's appropriate and it is in our ocp that the village core that housing
[3:42:02] Trustee Elliott: should be clustered here so i i recognize that you you don't want to be a landlord but we're
[3:42:07] Trustee Elliott: talking about zoning for the site yeah so
[3:42:09] Trustee Elliott: i think exploring some flexibility is um that's what the
[3:42:14] Trustee Elliott: local trust committee is asking you to do um because it is a priority for this community so
[3:42:20] Trustee Elliott: I do support the motion to explore options in the toolkit and there might be something that you can
[3:42:29] Trustee Elliott: envision who knows certainly something less expensive than building two dwelling units
[3:42:36] Trustee Elliott: yeah
[3:42:36] Voice 20: no that's not even in my head like I'm thinking a couple little apartments above
[3:42:42] Voice 20: a garden center above whatever it is
[3:42:45] Trustee Elliott: better than that yeah well and and I'll just as an example
[3:42:49] Trustee Elliott: If you
[3:42:49] Voice 20: want to say no houses on the property, I'm okay with that.
[3:42:53] Trustee Elliott: But as an example, there is to permit the conversion of commercial accommodation to residential use.
[3:42:59] Trustee Elliott: So what if in five years, one of your commercial use buildings, you're like, that's no longer viable.
[3:43:05] Trustee Elliott: Nobody's buying this. Gee, I wish I could convert it to a house.
[3:43:08] Trustee Elliott: But that's not in the zoning. There's not a policy option.
[3:43:11] Trustee Elliott: You don't have that flexibility.
[3:43:14] Trustee Elliott: So all I'm suggesting is you look at the table, think 20 years into the future,
[3:43:18] Trustee Elliott: term and go what types might be a benefit to the community right it's not about right here and now
[3:43:27] Trustee Elliott: you're playing but you we want to build flexibility into the zoning as much as possible i know you can
[3:43:34] Trustee Elliott: do it okay so with that motion you seconded yeah did we even open um
[3:43:40] Trustee Luckham (probable): what's it seconded
[3:43:41] Trustee Elliott: i now second the motion okay
[3:43:43] Trustee Luckham (probable): so and you got the motion lisa i
[3:43:52] Voice 23: think yes i have the motion
[3:43:55] Trustee Luckham (probable): okay um any further discussion all those in favor not opposed that carries yeah
[3:44:01] Trustee Elliott: yeah do we want to
[3:44:02] Trustee Elliott: make a motion to forward this to going to show that so yes i'll you know do that one yeah so
[3:44:07] Trustee Elliott: i move that the real local trust committee requests uh staff forward the report what's
[3:44:18] Voice 10: staff
[3:44:20] Trustee Elliott: report gbrz 2022.1 luv and ocp amendment to freshwater specialist william shova
[3:44:30] Trustee Elliott: and request comment and gap analysis review and request comment as a gaps analysis
[3:44:47] Voice 18: Is it specific to the water?
[3:44:50] Trustee Elliott: Yes, with respect to the water use and potential, you know, any other considerations we need to think about.
[3:45:05] Trustee Elliott: I mean, a gap analysis is what's missing with respect to the water use.
[3:45:12] Voice 22: I can't make it simpler if it doesn't work.
[3:45:20] Trustee Elliott: I think that's okay. I'll second that.
[3:45:24] Trustee Luckham (probable): Yeah, well, you'll end up getting whatever Will and Truba thinks a gaps analysis is, and so
[3:45:30] Trustee Luckham (probable): that may or may not line up with your thoughts, but
[3:45:34] Trustee Luckham (probable): because we have a bunch of proposed uses, right, which was clearly defined,
[3:45:43] Trustee Luckham (probable): yeah, what, you know, what else comes of the conversations external to this about other
[3:45:48] Trustee Luckham (probable): potential uses may change. Yep. Is
[3:45:53] Trustee Elliott: it too soon?
[3:45:53] Trustee Elliott: and we
[3:45:54] Trustee Luckham (probable): don't want to be unfair administratively by having to redo things should
[3:46:00] Trustee Elliott: we wait until we get
[3:46:01] Trustee Elliott: a more concrete well
[3:46:02] Trustee Luckham (probable): it does seem to me like proceeding on that would be helpful because it
[3:46:07] Trustee Luckham (probable): may be the applicant comes back says no this is what i want to do and then we just go to his
[3:46:13] Trustee Luckham (probable): application so
[3:46:16] Trustee Elliott: are you you're suggesting here that we hold on no
[3:46:19] Trustee Luckham (probable): no do
[3:46:20] Trustee Luckham (probable): the water yeah it's just
[3:46:23] Trustee Luckham (probable): at defining it
[3:46:24] Trustee Elliott: sorry so take out the green gaps let's just do an analysis on the water um
[3:46:30] Trustee Elliott: proposed water uses i don't keeps it simple
[3:46:37] Trustee Elliott: does that
[3:46:39] Trustee Luckham (probable): sound right yeah
[3:46:41] Voice 23: it does yeah
[3:46:42] Trustee Luckham (probable): yeah so lisa you got that about the motion
[3:46:47] Voice 23: yes i do okay
[3:46:48] Trustee Luckham (probable): so we're clear and seconded yeah any discussion all those in favor okay
[3:46:55] Trustee Luckham (probable): So we came full circle.
[3:46:58] Trustee Elliott: Is
[3:46:59] Trustee Luckham (probable): there anything further on this application?
[3:47:01] Trustee Elliott: Apologies that it takes
[3:47:02] Trustee Elliott: too much time.
[3:47:05] Voice 14: So then
[3:47:06] Voice 14: that concludes that item. I'm going to return
[3:47:08] Voice 14: to section six of our agenda,
[3:47:11] Voice 14: which is the minutes
[3:47:12] Voice 14: on page four.
[3:47:14] Voice 14: The minutes dated April 18th.
[3:47:17] Voice 14: Are there any changes?
[3:47:20] Voice 10: I
[3:47:25] Trustee Elliott: got a question.
[3:47:27] Trustee Elliott: I do have a question.
[3:47:29] Trustee Elliott: It's on page 13 of the Draft Minutes, under a motion that we, that I requested.
[3:47:40] Trustee Elliott: On page 13, you said?
[3:47:42] Trustee Elliott: Of the Draft Minutes, yeah, on page 16 of our agenda.
[3:47:47] Trustee Elliott: Oh, 16, sorry.
[3:47:50] Trustee Elliott: And it's just a question. We were asked on staff to inform the Local Trust Committee regarding options for opting into the speculation and vacancy tax regulation
[3:48:00] Trustee Elliott: for the Gabriela local trust area. And I can't remember whether that had to go, whether staff
[3:48:10] Trustee Elliott: just was going to do that or whether it had to go somewhere else.
[3:48:14] Voice 18: I will provide you a memo with reporting back on this motion.
[3:48:21] Trustee Elliott: Okay.
[3:48:22] Voice 18: On the
[3:48:23] Voice 14: follow-up action list?
[3:48:24] Voice 18: Yes.
[3:48:24] Voice 18: Yeah.
[3:48:25] Trustee Luckham (probable): Great. Thank you, Stephen.
[3:48:26] Trustee Luckham (probable): So then with respect to the actual minutes, are they okay?
[3:48:35] Trustee Elliott: I'm just so grateful for Lisa Millard for taking, well actually it was someone else last time, wasn't it, who took our minutes I think.
[3:48:43] Trustee Elliott: But anyway, the minute taker not being present in this room is a miracle worker.
[3:48:49] Trustee Elliott: So
[3:48:49] Trustee Luckham (probable): I'm going to then by general consent adopt the minutes as presented.
[3:48:54] Trustee Luckham (probable): Okay, so then that now takes us to the follow-up action list on page 19 to 25.
[3:49:02] Trustee Luckham (probable): I'll just ask the trustees, do you have any questions about any of the items on the follow-up action list?
[3:49:07] Trustee Luckham (probable): One of your answers, yeah.
[3:49:08] Trustee Luckham (probable): Two answers.
[3:49:09] Trustee Elliott: Well, this has been on since October, and I think it goes back way further than that.
[3:49:15] Trustee Elliott: and it's it's stopped to procure a request to EC on behalf of this LTC to approve funds for the
[3:49:23] Trustee Elliott: screening of dust and bones and the funds have been confirmed and then I guess director Freider
[3:49:31] Trustee Elliott: is a little more information about the event you know
[3:49:34] Trustee Elliott: I can clarify that so it was I did seek
[3:49:39] Trustee Elliott: interest here, we said yes, let's pursue this, and then I approached Elder Geraldine, the
[3:49:48] Trustee Elliott: question and the concern is whether having a couch in the tribe's knowledge holder come
[3:49:55] Trustee Elliott: and present on cultural heritage, since the name of territory would be appropriate, and
[3:50:01] Trustee Elliott: And so it was felt that Elder Geraldine,
[3:50:05] Trustee Elliott: who this is her, a lot of her work is cultural heritage reclamation
[3:50:13] Trustee Elliott: and care, that she would lead a panel.
[3:50:19] Trustee Elliott: And so we're still working out potentially with the museum
[3:50:25] Trustee Elliott: how that might be held.
[3:50:27] Trustee Elliott: So whether the museum might host it, Elder Geraldine lead it,
[3:50:30] Trustee Elliott: and whether dust and bones would be screened but it's about the protocol of having someone from
[3:50:35] Trustee Elliott: another nation coming to present on cultural heritage so that's still sort of a it's in
[3:50:41] Trustee Elliott: progress i just wondered who was sort of in charge of keeping it in that's kind of sort of me i'm not
[3:50:47] Trustee Elliott: right in charge of that right now but that's sort of sitting on my to-do list yeah okay i just
[3:50:53] Trustee Elliott: wasn't sure if we should remove it
[3:50:54] Trustee Luckham (probable): so perhaps we should add trustee elliott's name to the
[3:51:08] Trustee Elliott: I just did. Get it done, Toby. I'll make it a note.
[3:51:12] Voice 14: Anything else on the follow-up?
[3:51:17] Trustee Elliott: The
[3:51:18] Trustee Luckham (probable): local trust committee budget accounts is a briefing there.
[3:51:22] Trustee Luckham (probable): That's for our information.
[3:51:24] Trustee Luckham (probable): Did we get anything on that one?
[3:51:27] Trustee Luckham (probable): What do you see more complicated?
[3:51:28] Trustee Luckham (probable): through the
[3:51:29] Trustee Elliott: chair that is 7.2 on the agenda page 26. i'm
[3:51:34] Trustee Luckham (probable): happy to communication is the one that was
[3:51:36] Trustee Luckham (probable): i was thinking about that go ahead sorry that's
[3:51:39] Voice 7: all right i'm happy to give an overview this um
[3:51:43] Trustee Elliott: report is about ltc budget accounts for information there was a resolution um to request
[3:51:51] Trustee Elliott: staff provide some information on the communication budget um so i i would like to use this opportunity
[3:51:58] Trustee Elliott: to clarify how we use the budget, how the LTC can use the budget to expense funds for things like
[3:52:07] Trustee Elliott: posting trustee hours in the newspaper and how to request more budget if that's needed. So
[3:52:14] Trustee Elliott: for information advertising expenses such as posting trustee hours in the newspaper
[3:52:19] Trustee Elliott: can indeed be allocated from the LTC's account and the LTC can choose how funds are spent
[3:52:26] Trustee Elliott: for a variety in a variety of ways could be hours in the newspaper or editorial columns
[3:52:31] Trustee Elliott: posting trustee contact information directories or newspapers so i just wanted to capture that
[3:52:37] Trustee Elliott: direction um with the previous resolution from march 21st to authorize a release of 210 dollars
[3:52:46] Trustee Elliott: from the communications budget staff can do that now and the information in the following
[3:52:52] Trustee Elliott: page of the report is more of information for trustees. It's citing where the
[3:52:58] Trustee Elliott: policy identifies in section 7 of the local trust committee expenses and what
[3:53:07] Trustee Elliott: I wanted to highlight for the LTC for information is that specifically for the
[3:53:12] Trustee Elliott: communications budget that's your budget to use how you would like. So there may
[3:53:18] Trustee Elliott: be some thought as part of the spending on what you would like to use it for if you want to
[3:53:23] Trustee Elliott: consider that annually or throughout the year that would be beneficial to give staff direction
[3:53:30] Trustee Elliott: if you wanted to to identify what the types of expenses you'd like to spend on it and if you
[3:53:37] Trustee Elliott: would ideally if you think there's anything more budget to make that request with staff earlier so
[3:53:43] Trustee Elliott: So we
[3:53:43] Voice 7: can seek that from the executive committee, the budget adjustment.
[3:53:50] Voice 22: Okay.
[3:53:51] Trustee Elliott: So under on page 27, 28 of the agenda under the communication expenses,
[3:53:59] Trustee Elliott: what I've included, there were a few considerations for the LTC,
[3:54:05] Trustee Elliott: nothing necessarily to take action on now, just to contemplate,
[3:54:09] Trustee Elliott: should the LTC want any cost expense from this account?
[3:54:14] Trustee Elliott: more automatic or ongoing that would be great to give some direction on for staff so we can
[3:54:19] Trustee Elliott: make that happen for you um and just thinking about the budget also recognizing if the budget
[3:54:28] Trustee Elliott: is out
[3:54:30] Voice 7: fully allocated and you ask for something additional we may not be able to expense from it
[3:54:36] Voice 7: we may have to seek that from
[3:54:38] Voice 7: the executive committee when we have our budget
[3:54:39] Voice 7: but that's length
[3:54:42] Voice 10: so
[3:54:46] Trustee Elliott: I'd just like to bring back
[3:54:47] Trustee Elliott: something that we had talked about
[3:54:50] Trustee Elliott: last year in
[3:54:51] Trustee Elliott: October about elected
[3:54:53] Trustee Elliott: official coffee chats
[3:54:55] Trustee Elliott: with director Craig
[3:54:57] Trustee Elliott: and I spoke to her recently
[3:54:59] Trustee Elliott: at the Gabriel
[3:55:02] Trustee Elliott: neighborhoods event and she said
[3:55:03] Trustee Elliott: oh I wanted to get back to you
[3:55:06] Trustee Elliott: she is
[3:55:06] Trustee Elliott: is really I was encouraged she wants to have sort of a drop-in session that could be on a theme
[3:55:15] Trustee Elliott: and I think in our OCP review project I think it's a really good opportunity to host a drop-in
[3:55:24] Trustee Elliott: session with all three of us present whether it's a surf lodge maybe restaurant or you can
[3:55:30] Trustee Elliott: can advertise those in the sounder so i know we dropped that it was sort of left um but this ltc
[3:55:36] Trustee Elliott: did indicate that that would be a good um thing talk about governance talk about what's what's
[3:55:43] Trustee Elliott: island's trust what's the rdn what's moti and then those intersectional things that oh maybe we can
[3:55:49] Trustee Elliott: address this collaboratively so um she did indicate she's got budget for community engagement
[3:55:55] Trustee Elliott: and be able to contribute um and she has the ability to have staff attend meetings if we
[3:56:02] Trustee Elliott: wanted a theme so we could prep it with we want to talk about roads and transportation
[3:56:09] Trustee Elliott: and if it was a month in advance she could have staff there or we could do that so i would like
[3:56:16] Trustee Elliott: to direct communications budget towards that i don't think it would cost a lot it's mostly
[3:56:24] Trustee Elliott: the advertising in the paper i mean we just maybe a little honey pot for some muffins if we were
[3:56:32] Trustee Elliott: um i think our video has suggested oh you do good through the chair so that's a great example of
[3:56:40] Trustee Elliott: what could come out of this communications budget and in that example identifying
[3:56:45] Voice 7: the kinds of
[3:56:47] Voice 7: pieces you'd like to direct staff to look into maybe come back push across estimate
[3:56:53] Voice 7: it confirm that we have room in the budget or we need to ask for
[3:56:57] Trustee Elliott: an adjustment we don't have a
[3:56:59] Trustee Elliott: potential date for that do we no this was dropped in october last year we started talking about it
[3:57:05] Trustee Elliott: and then um there was a resolution informal community discussions and we did decide to
[3:57:13] Trustee Elliott: allocate funding of up to three hundred dollars per meeting to cover refreshments and advertising
[3:57:17] Trustee Elliott: advertising but we never um and it might need to cover the cost of a venue but we don't know
[3:57:23] Trustee Elliott: probably not but my thought my thought was to tag it on to events that are already happening like
[3:57:29] Trustee Elliott: after sustainable behavioral and meaning or at them we can't do politicians if the market doesn't
[3:57:36] Trustee Elliott: work but um perhaps the chamber of commerce could be an interesting collaborative um sorry
[3:57:44] Trustee Elliott: of recognizing aaron here who's executive director of uh chamber of commerce so i actually have a
[3:57:52] Trustee Elliott: comment i don't know if that's useful or at this point it could be helpful to be recognized by the
[3:57:59] Trustee Elliott: chair i
[3:58:00] Voice 14: don't know this is my public comment period
[3:58:02] Trustee Elliott: that's
[3:58:05] Voice 14: messing me around
[3:58:05] Voice 4: what would you
[3:58:06] Voice 14: like to share with us um
[3:58:08] Voice 4: i just we've had two recent events one was a kind of jobs and skill
[3:58:16] Voice 4: development event at the school and we recently had a trades event um that was looking at what
[3:58:22] Voice 4: kinds of um things that the trades needs um on gabriela and at both of those events they had
[3:58:29] Voice 4: people come up to me and say i wish that i was dressed this year and they were invited to both
[3:58:33] Voice 4: for those sessions and i don't know if it's staff or not communicating that to you guys but
[3:58:39] Voice 4: they yeah it was interesting i mean that they wanted you guys there cool yeah so i think there
[3:58:46] Voice 4: is room for that thank
[3:58:47] Trustee Elliott: you for that erin i actually got those invitations but i was
[3:58:51] Trustee Elliott: i can't remember if i responded but i was away for both of them i actually thought i had to be
[3:58:56] Trustee Elliott: a trades like representative or an art and there was a limited number of seats so i didn't subscribe
[3:59:03] Trustee Elliott: because I'm not an artist or a person in trades, but.
[3:59:06] Voice 16: It's such an untouchable association.
[3:59:09] Trustee Elliott: Politician, is that a trade?
[3:59:11] Voice 16: All those future politicians.
[3:59:13] Trustee Elliott: Okay, exactly.
[3:59:14] Trustee Elliott: But just that there is room for like engagement
[3:59:17] Trustee Elliott: and discussion and dialogue that we don't remember paid for.
[3:59:20] Trustee Elliott: Yeah, that you guys don't need.
[3:59:22] Trustee Elliott: Great.
[3:59:22] Trustee Elliott: Can we get a quick plan?
[3:59:24] Trustee Elliott: Thank you.
[3:59:25] Trustee Elliott: Perfect.
[3:59:25] Trustee Elliott: Thank you.
[3:59:27] Trustee Luckham (probable): Okay, do you want to continue on this report?
[3:59:30] Trustee Luckham (probable): I've got a big question coming up.
[3:59:32] Trustee Elliott: through the chair only to add for your current fiscal year's budget for this communications you
[3:59:38] Trustee Elliott: have $1,000 and if you pull $210 from that
[3:59:42] Voice 7: from the previous resolution you would have less
[3:59:45] Voice 7: so we can we can if you anticipate um with the resolution for some direction
[3:59:51] Voice 7: also request more budget that's what
[3:59:55] Trustee Elliott: we'd like to do about our proposed
[4:00:00] Trustee Elliott: I think
[4:00:00] Trustee Elliott: $1,000 is fine because that can carry advertising for these meetings,
[4:00:07] Trustee Elliott: but also the review budget can carry some public engagement.
[4:00:12] Trustee Elliott: And Director Craig said she also can do some budget.
[4:00:16] Trustee Elliott: So I don't see a need to amend it.
[4:00:18] Trustee Elliott: I think we're just going to have to start setting some dates and using it.
[4:00:23] Trustee Elliott: I don't think I need to advertise in the sounder anymore that my trustee hours.
[4:00:28] Trustee Elliott: hours. People have gotten used to them. Well, I've been kicked out. The office is for staff.
[4:00:36] Trustee Elliott: I get it now. I'm at the library if the members of the public want to find me or now to serve
[4:00:42] Trustee Elliott: potentially. But yeah, I think the budget as is is great. And I don't know, what do
[4:00:51] Trustee Elliott: you think?
[4:00:52] Trustee Elliott: I think it's fine too. Yeah. And one thing I did note in that procurement policy is that
[4:00:57] Trustee Elliott: they try to get local as much as possible which i very much appreciate okay so i'll follow that up
[4:01:03] Trustee Elliott: with director craig because through the chair this report is for information so if there are any um
[4:01:14] Trustee Elliott: motions for staff direction you could make them
[4:01:17] Voice 7: that that appropriate place
[4:01:24] Voice 7: so i'm not i'm not suggesting i'm just leaving an opportunity because i did have a
[4:01:29] Voice 7: follow-up in case that was something so my
[4:01:35] Trustee Luckham (probable): question is um it's it's good that we were
[4:01:38] Trustee Luckham (probable): underspent in some areas how come we're overspent five thousand dollars in ltc
[4:01:47] Voice 7: LCC and APC meetings are, the
[4:01:52] Trustee Elliott: wording I use is required expenses. So when a meeting happens,
[4:01:56] Trustee Elliott: we have to expense to
[4:01:58] Voice 7: book a room. That's a requirement as part of that cost. I don't
[4:02:06] Voice 7: really have too much info over that.
[4:02:09] Voice 7: But obviously you need to budget.
[4:02:11] Trustee Luckham (probable): Yeah.
[4:02:12] Voice 7: That's
[4:02:12] Trustee Luckham (probable): the bottom line.
[4:02:13] Trustee Luckham (probable): And that would be something that will go into
[4:02:15] Trustee Luckham (probable): another year of OCP.
[4:02:17] Trustee Luckham (probable): I asked
[4:02:17] Trustee Elliott: this question of Director of Ministry of Services back in a year ago, and it was due to the meeting facilitator position that was taken out of operational budget.
[4:02:30] Trustee Elliott: And so they calculated all the, this isn't done by RLTC, Finance Department calculates the meeting expenses for each LTC, and they did an average.
[4:02:40] Trustee Elliott: bridge but it didn't calculate so
[4:02:43] Voice 16: we're going to see this
[4:02:45] Trustee Elliott: different totally different budget
[4:02:47] Trustee Elliott: because now we've got our meeting facilitator and that comes out of operation but we had to
[4:02:53] Trustee Elliott: staff it with contract minute takers and that's why the budgets for all the ltcs are out of whack
[4:02:59] Trustee Luckham (probable): okay so you see i'm out of touch with all ltc budgets so i'm going to start seeing this in
[4:03:03] Trustee Luckham (probable): the year-end budgets of all they're
[4:03:05] Trustee Elliott: all i
[4:03:07] Trustee Luckham (probable): just need an answer for that because somebody
[4:03:10] Trustee Luckham (probable): yeah
[4:03:10] Trustee Elliott: that's good
[4:03:11] Trustee Luckham (probable): okay so that it then for the expenses thing great yes so uh next item then
[4:03:20] Trustee Luckham (probable): is choosing a location for the next august 8th meeting i also know in the wind is a question
[4:03:26] Trustee Luckham (probable): about um when are we meeting out in life is that the august 8th meeting or what
[4:03:31] Voice 18: are we what do you
[4:03:33] Voice 18: HAB
[4:03:33] Trustee Luckham (probable): -Jacques Juilland-
[4:03:33] Voice 18: got in my attention.
[4:03:34] Trustee Luckham (probable): HAB-Jacques Juilland-
[4:03:34] Voice 18: So this this agenda items that is because when the LTC said it's meeting scheduled for the year, I think they were contemplating. I mean, imagine all I guess.
[4:03:44] Voice 18: HAB-Jacques Juilland- And so there's no location set. So that's, that's just a cue LTC to select a location for that August 8 meeting. There is
[4:03:53] Voice 18: is a qualified action list item regarding a special meeting on Mudge Island and staff have
[4:04:01] Voice 18: been working to set a date for that and try to reach out to the venue. At this point it looks
[4:04:10] Voice 18: unlikely that staff will be able to attend in person because my understanding is that the water
[4:04:14] Voice 18: taxi does not have the appropriate insurance for it. Trustees could attend and staff could attend
[4:04:21] Voice 18: remotely uh however that means that the venue needs to have internet so that staff can and
[4:04:28] Voice 8: a
[4:04:28] Voice 18: minute taker can be there so um we have not received response yet from that venue so
[4:04:33] Voice 18: really that's where that is sitting at right now okay
[4:04:36] Trustee Elliott: at least we kind of see how it works
[4:04:38] Trustee Elliott: i'd be happy to negotiate this because they're asking me when are you going to have the special
[4:04:46] Trustee Elliott: meeting here so i don't know if maybe staff's not talking to the right person i did connect
[4:04:52] Trustee Elliott: Michelle, with a board member of MIX, which is the only venue that has Wi-Fi and we could
[4:04:58] Trustee Elliott: actually be at.
[4:04:59] Trustee Elliott: So I'm not sure what the holdup is, but I'm happy to help
[4:05:02] Voice 10: with
[4:05:03] Trustee Elliott: facilitating that.
[4:05:05] Trustee Elliott: And I think they do want it in early summer.
[4:05:08] Trustee Luckham (probable): So do we need to do anything about the August 8th meeting, or is it likely this is what
[4:05:11] Trustee Luckham (probable): this would be?
[4:05:13] Voice 18: You do need to do something about the August 8th meeting, if you'd like, because this
[4:05:17] Voice 18: meeting is a special meeting in addition to your regular meetings.
[4:05:20] Voice 18: It's not urgent. If you could, you have a June meeting, you could make a decision.
[4:05:25] Voice 18: And I believe that we have this venue is available August 8th.
[4:05:32] Voice 18: So
[4:05:32] Trustee Elliott: we can just meet here. Can we make it electronic? It's August.
[4:05:38] Trustee Elliott: There's not going to be a lot on the agenda.
[4:05:40] Trustee Elliott: That's the other option.
[4:05:42] Trustee Elliott: Just to make the meeting.
[4:05:43] Trustee Elliott: I'm happy about that.
[4:05:44] Trustee Elliott: Yeah. So I move that the August 8th meeting, August 8th, 2024, Gabriel Local Trust Committee
[4:05:54] Trustee Elliott: regular business meeting, be electronic.
[4:05:59] Voice 16: Moved. Seconded. Reluctantly. Ah,
[4:06:03] Trustee Elliott: one out of the year.
[4:06:04] Trustee Elliott: Come on. I think about the public. That's not my fault.
[4:06:08] Trustee Luckham (probable): Well, it's a 14-hour day for me, so.
[4:06:14] Trustee Elliott: But you know what you signed up for.
[4:06:17] Trustee Elliott: You know what you signed up for.
[4:06:18] Trustee Luckham (probable): Well, I do. I'm not complaining.
[4:06:21] Trustee Elliott: I'm just saying I
[4:06:22] Trustee Luckham (probable): wouldn't be unhappy.
[4:06:23] Trustee Luckham (probable): I know.
[4:06:24] Trustee Elliott: But we do get the public come to us.
[4:06:26] Trustee Elliott: Not in August.
[4:06:27] Trustee Luckham (probable): Okay, so moved and seconded. All those in favor?
[4:06:31] Trustee Luckham (probable): Reluctantly, Susan's hat goes up.
[4:06:33] Trustee Luckham (probable): Thank you very much for that.
[4:06:36] Trustee Luckham (probable): That's August 8th.
[4:06:37] Voice 14: Then I'm going to skip now all the way through noting that we did
[4:06:43] Trustee Luckham (probable): have a little conversation
[4:06:43] Trustee Luckham (probable): about correspondence that came in, and most often it's appended to project files on the
[4:06:51] Trustee Luckham (probable): website.
[4:06:51] Trustee Luckham (probable): There may be a couple of pieces of correspondence that have come in that need to be on the website
[4:06:57] Trustee Luckham (probable): somewhere, and I'm not sure what we're doing about trusting comments that were circulated
[4:07:03] Trustee Luckham (probable): that should also probably be public is some kind of correspondence or something but do you want
[4:07:07] Trustee Elliott: those to be appended to the minutes uh
[4:07:12] Trustee Luckham (probable): how does the public know what you were referring to it's
[4:07:17] Trustee Elliott: in the motion but
[4:07:20] Trustee Luckham (probable): not the entirety of it no yeah i
[4:07:23] Trustee Elliott: mean yeah if i won't forward them to them
[4:07:26] Trustee Luckham (probable): what do
[4:07:27] Trustee Luckham (probable): you think if you want
[4:07:29] Voice 6: them i won't be down well i just think that the public
[4:07:31] Voice 6: might want to know
[4:07:32] Voice 6: Absolutely.
[4:07:34] Trustee Luckham (probable): Moving along to invite to a full meeting with the NAMO First Nation regarding
[4:07:41] Trustee Luckham (probable): official committee plan project verbal update from Trump D. Elliott, 11.1.
[4:07:46] Trustee Elliott: So it's again to explore, well, just to keep the conversation going, I guess. In our last
[4:07:56] Trustee Elliott: leadership meeting was the name of did manage to bring forward which I captured
[4:08:04] Trustee Elliott: in some notes which are not public but the fact that we are in entering our OCP
[4:08:10] Trustee Elliott: review and they'll be giving us feedback on how they want to be engaged in that
[4:08:18] Trustee Elliott: that um so my thought was to start planning for a government to government either a celebration
[4:08:28] Trustee Elliott: or relationship building event sometime in the fall um not necessarily tied to the ocp review
[4:08:37] Trustee Elliott: and actually after today's meeting i just had a chat with elder geraldine and she said we need
[4:08:44] Trustee Elliott: to update the protocol agreement and that is definitely on the list but if things were finished
[4:08:50] Trustee Elliott: by if both if we do update the protocol agreement or get to a place where it's it's in a new form
[4:08:59] Trustee Elliott: or we want to celebrate uh working on an agreement together we could have that as a focal point for
[4:09:05] Trustee Elliott: or either a discussion, some food together.
[4:09:15] Trustee Elliott: So this is a very open process.
[4:09:20] Trustee Elliott: But I'm looking for support, basically,
[4:09:23] Trustee Elliott: to potentially apply for a community-to-community grant
[4:09:28] Trustee Elliott: if we want to do something big.
[4:09:30] Trustee Elliott: And that would happen October to December,
[4:09:32] Trustee Elliott: because that's the grant window.
[4:09:34] Trustee Elliott: window we'd have to apply by September for that
[4:09:38] Voice 22: well
[4:09:46] Trustee Luckham (probable): certainly you could apply for the grant it
[4:09:48] Trustee Luckham (probable): doesn't need to be a you know using the language a big thing it needs to be an opportunity where
[4:09:56] Trustee Luckham (probable): you're bringing communities together that in the long run will develop protocols or
[4:10:04] Trustee Luckham (probable): understandings or something because it might
[4:10:06] Trustee Luckham (probable): be a little early to think about celebrating
[4:10:09] Trustee Luckham (probable): in protocol in September,
[4:10:11] Voice 12: but
[4:10:12] Trustee Luckham (probable): certainly bringing community together to discuss protocol revision
[4:10:19] Trustee Luckham (probable): is a terrific idea.
[4:10:20] Trustee Elliott: Okay, and that came up in the last online meeting that I was in.
[4:10:26] Trustee Luckham (probable): Yeah, and even in the last meeting that was still is a priority, but the time mark is on without us
[4:10:40] Trustee Luckham (probable): of a protocol agreement that may come in the
[4:10:42] Trustee Luckham (probable): future that's what that funding is for okay
[4:10:46] Voice 10: it's
[4:10:47] Trustee Luckham (probable): not really a solid commitment that has to come out of it it's funding to support the dialogue
[4:10:53] Trustee Luckham (probable): and we've you know we did a vote for um with uh liaqson and canada nations independently uh
[4:11:00] Trustee Luckham (probable): looking at the territory from the water and the shoreline protection and uh at this point
[4:11:06] Trustee Luckham (probable): because that's still a work in progress but it certainly helps develop understanding about
[4:11:11] Trustee Luckham (probable): mutual interest right right yeah
[4:11:14] Voice 5: so i
[4:11:18] Trustee Elliott: i have further just for information um
[4:11:22] Trustee Elliott: the gabriel arts council has been working to it's very early well
[4:11:31] Trustee Elliott: Well, basically, they're looking to invite Doug White III,
[4:11:35] Trustee Elliott: who's the counsel to the premier on reconciliation.
[4:11:40] Trustee Elliott: He is the name of and has extensive, a lawyer, he's written a lot on treaty.
[4:11:49] Trustee Elliott: And what I wondered is what would be the appetite in partnering on bringing him here for a talk
[4:11:56] Trustee Elliott: on the Sarlaccan Treaty of 1854, because grounding us in the understanding of
[4:12:07] Trustee Elliott: the name of this treaty and our responsibilities could be, it just would
[4:12:15] Trustee Elliott: go so far to clarify what our emerging roles and responsibilities are as a
[4:12:21] Trustee Elliott: government, as a community. So that's a big piece that the Arts Council has it,
[4:12:26] Trustee Elliott: but they are this is very early days i'm just sort of letting you
[4:12:31] Trustee Elliott: know that this could emerge
[4:12:33] Trustee Elliott: and perhaps we could partner and this would there be a you know a talk on governance coming from
[4:12:39] Trustee Elliott: doug white the third which would be amazing he's spoken on gabriel the once before in 2018 and
[4:12:44] Trustee Elliott: everyone still references that like it was transformative it was profoundly it's an anchor
[4:12:51] Trustee Elliott: for our community so having kind of those um references and someone of his authority come
[4:13:00] Trustee Elliott: to speak would be amazing so these are just things that i'm thinking of and we've also been talking
[4:13:04] Trustee Elliott: about communities sharing our vision for living together on gabriola so sharing ideas with renee
[4:13:10] Trustee Elliott: and just wanted to bring you up to date that nothing is we
[4:13:14] Trustee Luckham (probable): don't need to do anything here
[4:13:15] Trustee Luckham (probable): I
[4:13:15] Trustee Elliott: don't think so, no.
[4:13:17] Trustee Luckham (probable): Okay, so can I move on to level one too?
[4:13:20] Voice 10: Yeah, yep.
[4:13:20] Trustee Luckham (probable): Okay, what about this one?
[4:13:23] Trustee Luckham (probable): What is it?
[4:13:25] Trustee Luckham (probable): I was just trying to pull this out here now.
[4:13:28] Trustee Luckham (probable): This is a letter to Administrator Fleming.
[4:13:31] Trustee Luckham (probable): Oh, right.
[4:13:32] Trustee Luckham (probable): Yeah, regarding this thing being presented by Doug Rowley.
[4:13:37] Trustee Luckham (probable): Yeah.
[4:13:40] Trustee Luckham (probable): Oh, yeah.
[4:13:41] Trustee Luckham (probable): I was
[4:13:41] Trustee Luckham (probable): curious, just for some background,
[4:13:43] Trustee Luckham (probable): on. Why is it Doug Rowley is
[4:13:45] Trustee Luckham (probable): carrying this petition forward from
[4:13:46] Trustee Luckham (probable): Gabriel? He's our MLA. He's not
[4:13:49] Trustee Luckham (probable): the MLA? He is our
[4:13:50] Trustee Luckham (probable): current
[4:13:51] Trustee Luckham (probable): MLA. Oh, so that changed?
[4:13:53] Trustee Elliott: No, he has been for a long time.
[4:13:55] Trustee Elliott: It will
[4:13:55] Trustee Elliott: change in October. We had weird
[4:13:57] Trustee Elliott: electoral area boundaries.
[4:13:58] Trustee Elliott: We were clumped with Lady Smith
[4:14:02] Trustee Elliott: and Sheila
[4:14:03] Trustee Elliott: had North
[4:14:05] Trustee Elliott: Hanoi.
[4:14:07] Trustee Elliott: So we have been in his
[4:14:09] Trustee Elliott: it changed and we have new electoral
[4:14:11] Trustee Elliott: boundaries. I see. Okay.
[4:14:13] Trustee Luckham (probable): Okay, so I failed to understand that.
[4:14:15] Trustee Elliott: Yeah.
[4:14:16] Trustee Luckham (probable): And it
[4:14:17] Trustee Elliott: was actually he who suggested the potato cake.
[4:14:19] Trustee Elliott: Okay,
[4:14:19] Trustee Luckham (probable): well, then that's good.
[4:14:20] Trustee Luckham (probable): So that answers that question.
[4:14:21] Trustee Luckham (probable): So what do you want to do about this letter?
[4:14:26] Trustee Elliott: You sent it.
[4:14:28] Trustee Elliott: No, I have not.
[4:14:29] Trustee Elliott: I'm seeking, I'm asking the LTC whether you want to sign on to this as a position,
[4:14:36] Trustee Elliott: or I will send it on my own accord.
[4:14:39] Trustee Elliott: Trustee Yates has already sent the letter.
[4:14:42] Trustee Elliott: Well, and I
[4:14:43] Trustee Elliott: grabbed this earlier in our meeting that there might be some point where I don't quite agree on First Nations protocol.
[4:14:52] Trustee Elliott: Anyway, this is, I have, yeah, I can address it. It's very simple.
[4:14:58] Trustee Elliott: There's only one thing that I don't agree with in your letter.
[4:15:02] Trustee Elliott: Yeah.
[4:15:02] Trustee Elliott: And that is, which paragraph?
[4:15:07] Trustee Elliott: It will be at the bottom of the page.
[4:15:08] Trustee Elliott: um where you say i encourage the minister that would be minister fleming not to accept this
[4:15:18] Trustee Elliott: position petition until there is demonstration that the name of first nation is fully involved
[4:15:24] Trustee Elliott: and supportive in the development of a petition and the proposed projects as outlined i i do not
[4:15:34] Trustee Elliott: agree that they need they have to be they have to be involved in the development of this petition
[4:15:40] Trustee Elliott: this petition has already developed
[4:15:42] Voice 10: any
[4:15:43] Trustee Elliott: citizen any citizen has the right to petition their
[4:15:47] Trustee Elliott: government on any issue what the government does with that petition subsequently that's a different
[4:15:56] Trustee Elliott: matter altogether and certainly the letter i wrote copies chief mike wise it's super important that
[4:16:02] Trustee Elliott: that all parties be involved.
[4:16:05] Trustee Elliott: And I know for a fact that the two petitioners, Galt
[4:16:09] Trustee Elliott: and the Gabriel Island Memorial Society have no intention
[4:16:13] Trustee Elliott: of evading or ignoring or circumventing
[4:16:22] Trustee Elliott: government to government relations.
[4:16:24] Trustee Elliott: They would never do that.
[4:16:25] Trustee Elliott: Their petition, this petition specifically focuses
[4:16:29] Trustee Elliott: on asking MOTI to relinquish control of that 40-acre property from gravel pit designation
[4:16:38] Trustee Elliott: so that the British, so that the government, the BP government can then work with First
[4:16:47] Trustee Elliott: Nations and communities, everybody, government to government, whatever it takes to find something
[4:16:55] Trustee Elliott: other than a gravel pit for that incredibly beautiful piece of land so that's where I don't
[4:17:04] Trustee Elliott: agree I know for a fact that if this is taken if the government decides if Modi relinquishes
[4:17:11] Trustee Elliott: control of this and it goes back just to crown land then absolutely the our government will
[4:17:17] Trustee Elliott: will be negotiating with First Nations, no question about it, and you know, whether,
[4:17:26] Trustee Elliott: I mean, I wrote the letter because we are so lacking in protected space, so I don't,
[4:17:33] Trustee Elliott: that's not the intent of my letter, it's that we should not be commenting on a matter that is
[4:17:40] Trustee Elliott: is not it is up to the Crown to decide how that is is disposed of and and I'm not going to put
[4:17:50] Trustee Elliott: myself or the LTC in a position of advocating for that essentially you're asking for unceded lands
[4:17:57] Trustee Elliott: to be turned over for this use when the synonym of First Nation has not been involved in the
[4:18:02] Trustee Elliott: development of the proposed plan or project so the fact that they've not given comment does not
[4:18:08] Trustee Elliott: meaning good consent it means that it's probably inappropriate and so i think it's inappropriate
[4:18:15] Trustee Elliott: for the ltc to to advocate for any side of this it's it's first nation is this is land that is
[4:18:26] Trustee Elliott: subject to treaty negotiations that that is full stop it's not about pulling it out of moti's hands
[4:18:32] Trustee Elliott: or changing the gravel pit to another use it's not our negotiation and so i was just saying
[4:18:39] Trustee Elliott: we don't support the petition because you're essentially asking for First Nations land
[4:18:45] Trustee Elliott: for community use and that's not the purpose of petition. Petition is only to wrest it from
[4:18:54] Trustee Elliott: the Moti's hands. That's the only purpose but I think the perception is you're asking for Indigenous
[4:19:02] Trustee Elliott: land for community use. It's a very different lens when you look at it from Aboriginal rights
[4:19:09] Trustee Elliott: It's a treaty lens, and I don't think the petitioners or the community members actually understand what they are asking for.
[4:19:18] Trustee Elliott: So I sought staff advice on this, and anyway, I wrote my own letter.
[4:19:28] Trustee Elliott: I understand, and it caused quite...
[4:19:31] Trustee Elliott: So
[4:19:35] Voice 14: is the statement in that first paragraph of this letter that
[4:19:38] Trustee Luckham (probable): means to transfer or turn over the 40-acre barrack property known as for community use?
[4:19:46] Trustee Luckham (probable): Is that the quote?
[4:19:47] Voice 22: That's what they're asking for,
[4:19:49] Voice 22: yes.
[4:19:51] Trustee Luckham (probable): Because, of course, if you're changing the zoning of it, that would be different than transferring or turning over the property.
[4:20:01] Trustee Luckham (probable): They
[4:20:01] Trustee Elliott: are asking it to be turned over to community use.
[4:20:04] Trustee Elliott: that are asking for Crown land.
[4:20:07] Trustee Luckham (probable): Yeah, and we, and I think it still stands today,
[4:20:11] Trustee Luckham (probable): we have stopped requesting Crown land
[4:20:14] Trustee Luckham (probable): for Island Trust Conservancy projects
[4:20:16] Trustee Luckham (probable): because nations seem to be involved
[4:20:19] Trustee Luckham (probable): in that decision-making process.
[4:20:22] Trustee Luckham (probable): And in recent history,
[4:20:24] Trustee Luckham (probable): those lands are often where their surplus
[4:20:29] Trustee Luckham (probable): are potential treaty settlement lands.
[4:20:32] Trustee Luckham (probable): The only piece of crown land that I think that even the lease, I don't even think of the land was transferred, I think the lease on the land, it was leased crown lands, and that lease was turned over at no charge or something to Rockston Island for fire protection purposes.
[4:20:55] Trustee Luckham (probable): There we go, that's my phone.
[4:20:56] Trustee Luckham (probable): Somebody wants to know where I am.
[4:20:58] Trustee Elliott: Anyway.
[4:20:58] Trustee Luckham (probable): anyway um i
[4:21:01] Trustee Elliott: didn't read your letter susan as as you endorsed the petition yeah yeah and and that
[4:21:07] Trustee Elliott: was a i think it was a mistake and i don't support that position so i was basically bringing this
[4:21:15] Trustee Elliott: forward to ask the ltc what do you think um this is my position i don't support the petition because
[4:21:22] Trustee Elliott: synonym has not been involved in the development of this project they didn't stop to wait what is
[4:21:28] Trustee Elliott: the urgency like and i again say the irony of asking for a burial site for our people
[4:21:37] Trustee Elliott: when you're essentially asking for indigenous land so that we can bury our dead when we've just heard
[4:21:42] Trustee Elliott: an application then it's inappropriate and for the ltc to advocate for this is not um it's not a good
[4:21:50] Trustee Elliott: i am not advocating as an ldc i totally sent my letter as just a trustee just a private person
[4:21:58] Trustee Elliott: i would not write on behalf of the ldc and i still believe very firmly that anyone has the
[4:22:06] Trustee Elliott: right to develop a petition anywhere any person and what the government then does with that
[4:22:14] Trustee Elliott: petition that of course they're going to be working with first nations i can't imagine
[4:22:21] Trustee Elliott: yes but as a trustee you've aligned yourself with the petitioners and to me i think that puts our
[4:22:30] Trustee Elliott: our relationship was the name of it at a very strange place they look at that and of course
[4:22:36] Trustee Elliott: they know what that means it means that the sign that says it's a gravel pit there's you know like
[4:22:43] Trustee Elliott: that's no it's asking
[4:22:45] Trustee Elliott: for transfer of ownership they're asking for land they're not saying remove
[4:22:50] Trustee Elliott: move the gravel pit designation they were asking to transfer that to the societies to the community
[4:22:59] Trustee Elliott: that takes it out of the first nation's hand that means it's not able to be a treaty i don't see
[4:23:08] Trustee Elliott: that at all well
[4:23:09] Trustee Luckham (probable): um and i don't know that either of these languages is necessarily there's no such
[4:23:15] Trustee Luckham (probable): the LTC. You guys can debate it as much as you want. I don't know that I would support a letter
[4:23:22] Trustee Luckham (probable): of endorsement from the LTC one way or the
[4:23:25] Trustee Luckham (probable): other. I don't
[4:23:27] Trustee Elliott: think I would.
[4:23:27] Trustee Luckham (probable): Because I don't want to
[4:23:28] Trustee Luckham (probable): step between the LTC to step between the two of you either, right?
[4:23:32] Trustee Elliott: Yeah, I just. So you're free
[4:23:34] Trustee Luckham (probable): to write.
[4:23:35] Trustee Elliott: I'll send this letter. I'm not in support of the petition. Sorry, I shouldn't say
[4:23:42] Trustee Elliott: the petition i'm not in support of the approach that they took which is to not consider how this
[4:23:49] Trustee Elliott: would impact our relationship building the setting because the perception on that side is how how
[4:23:55] Trustee Elliott: could you petition for indigenous land it's so inappropriate so i will send
[4:24:00] Trustee Elliott: the letter to have
[4:24:01] Trustee Luckham (probable): a celebration in the fall to think about things
[4:24:05] Trustee Elliott: we'll agree to disagree on that and yeah have a
[4:24:09] Trustee Elliott: discussion sure okay
[4:24:12] Trustee Luckham (probable): um is that all right yeah i just don't know that we can necessarily we're
[4:24:18] Trustee Luckham (probable): not necessarily going to find agreement no
[4:24:20] Trustee Elliott: i was just offering for the ltc to endorse it but if
[4:24:23] Trustee Elliott: it's not appropriate it's totally fine okay so
[4:24:25] Trustee Luckham (probable): we'll just receive that for information and move
[4:24:27] Trustee Luckham (probable): on yeah so staff reports here conservancy report for means of review i think
[4:24:37] Trustee Elliott: we've got a meeting
[4:24:39] Trustee Elliott: meeting coming up spring
[4:24:40] Trustee Luckham (probable): edition is there for our information I'm going to go to the applications
[4:24:47] Trustee Luckham (probable): report yeah you guys tell me to stop we're going to stop is there anything on the application
[4:24:52] Trustee Luckham (probable): support you want to talk about page 260 the agenda oh
[4:24:56] Trustee Elliott: yes on page 262 um oh Gabriel RZ 2023.1 BC
[4:25:08] Trustee Elliott: ferries. Now applicant confirms they're working with the name of First Nation in
[4:25:15] Trustee Elliott: April and will update the planner when a response has been received, but as far as
[4:25:21] Trustee Elliott: I understand from being on the ferry advisory committee, they're not doing
[4:25:25] Trustee Elliott: anything until 2028. Yeah, so am I missing something here?
[4:25:30] Voice 18: Well, if you could
[4:25:32] Voice 18: Jeric and yes please relay what I know um I've contacted the applicants since that announcement
[4:25:38] Voice 18: that that funding was not okay I
[4:25:41] Voice 18: didn't they confirmed that they would like to proceed with
[4:25:44] Voice 18: the application to rezone um and and this is the the latest update on that application is that they
[4:25:54] Voice 18: are just a nation and then that they'll reach out so I I believe my understanding at least is that
[4:26:00] Voice 18: they um they do want to proceed with the rezoning so that the land is zoned for the terminal upgrade
[4:26:08] Voice 18: um and and then I guess that the funding part is settled but that's that's where it's sitting okay
[4:26:16] Trustee Elliott: well that good good amount to to start doing it now because it'll be well
[4:26:27] Voice 19: We're
[4:26:31] Voice 14: good. We'll move on to Trustee Local Expense Reports. They're for information.
[4:26:38] Voice 14: Adopted Policies
[4:26:40] Trustee Luckham (probable): and Standing Resolutions, also for information. Climate Action Update.
[4:26:48] Trustee Elliott: Where is that? 12
[4:26:50] Voice 14: .7. There was a letter circulated recently, not to the CELTA CEA.
[4:26:57] Voice 14: Well,
[4:26:58] Trustee Elliott: that meeting I reported on at the beginning between the EC and the Honest Trust Conservancy,
[4:27:03] Trustee Elliott: that one meeting we focused specifically on that.
[4:27:06] Trustee Luckham (probable): That's correct, about looking for direction on that.
[4:27:11] Trustee Elliott: Yeah, how we can work together on that.
[4:27:12] Trustee Elliott: So I'm not going to forget about that.
[4:27:14] Trustee Elliott: I have some more ideas to add to that.
[4:27:17] Voice 14: Okay.
[4:27:17] Voice 14: I'm going to go to the Local Trust Committee webpage.
[4:27:21] Trustee Luckham (probable): I think that that's in order.
[4:27:23] Trustee Luckham (probable): Nothing to change there.
[4:27:25] Trustee Luckham (probable): Work program.
[4:27:26] Trustee Luckham (probable): We've got our active projects and our future projects and not necessarily advocating for
[4:27:34] Trustee Luckham (probable): any change.
[4:27:35] Trustee Luckham (probable): I am.
[4:27:36] Trustee Luckham (probable): Oh, good.
[4:27:36] Trustee Luckham (probable): Okay.
[4:27:37] Trustee Elliott: I'm advocating for change.
[4:27:38] Trustee Luckham (probable): Maybe that's the conversation I was going to open up.
[4:27:41] Trustee Luckham (probable): Go ahead.
[4:27:42] Trustee Elliott: I'm interested in an update in the ecological protection zone.
[4:27:46] Trustee Elliott: It's been a year and a bit.
[4:27:47] Trustee Elliott: I don't understand what's the name because it's not taking us up on capacity funding.
[4:27:52] Trustee Elliott: And I'd like to move that from the active projects report.
[4:27:56] Trustee Elliott: But perhaps this is a consideration for the next meeting, so maybe a notice of motion.
[4:28:03] Trustee Elliott: Secondly, the Future Projects Report, I want to consolidate and reorganize these.
[4:28:10] Trustee Elliott: DeCoursey Island OCP and LUB review, I don't see any reason why it's there, never had a call for that.
[4:28:15] Trustee Elliott: I think the Mudge Island LUB review is far more pertinent and should be at the top of the list
[4:28:25] Trustee Elliott: for future projects. The DAI by-law, we've had lots of back and forth. This can only be done
[4:28:31] Trustee Elliott: after the OCP review and we create new development permit areas. And the Heritage Register, I don't.
[4:28:40] Trustee Elliott: yeah so much island official community plan and land use bylaw review i'd like to add that
[4:28:47] Trustee Elliott: to the top of the list and can we consider the dai as part of our ocp review project
[4:28:54] Trustee Elliott: because i don't think it's a separate minor project i think it comes as a consequence as
[4:28:59] Trustee Elliott: ocp review and the ecological zone i just think it's if it's not happening can we do another
[4:29:07] Trustee Elliott: minor project just move it down the feature projects list if there's feedback from CINAHLG then
[4:29:16] Trustee Elliott: great we can reactivate it again but what is where is it at?
[4:29:22] Voice 18: So I think you're right it's
[4:29:25] Voice 18: been referred to CINAHLG First Nation we've not received any response so if it's up to the LTC
[4:29:33] Voice 18: if they don't want to proceed with the project at this point then they can shelve it for a time
[4:29:39] Voice 18: um and potentially come back to it in the future um the and they could take on a
[4:29:50] Voice 18: different minor project in its place the funding learning a little bit about how that
[4:30:00] Voice 18: for these minor projects and so you would need to once that you decide on the next priority for a
[4:30:06] Voice 18: minor project then you need to ensure that the funding is available in fact for you to take on
[4:30:12] Voice 18: that minor project because there's not a guarantee that there is that funding available for every
[4:30:18] Voice 18: single LTC to have a minor project okay so that that would just be the next step and you could
[4:30:24] Voice 18: identify a different minor project to take on in place of the existing. And it would,
[4:30:32] Voice 18: you know, if you did receive a response, of course then don't rename it with regards to the
[4:30:38] Voice 18: ecological protection zone, and you had an ongoing minor project, it would put you in a position
[4:30:43] Voice 18: where you need to decide which, you know, which you're going to prioritize, because you can only
[4:30:49] Voice 18: have one minor congen.
[4:30:51] Voice 2: Yeah.
[4:30:55] Voice 10: So
[4:30:55] Trustee Elliott: the reason I think much would be
[4:31:00] Trustee Elliott: a, it's not a quick thing, but it
[4:31:02] Trustee Elliott: probably would be a six to eight month
[4:31:04] Trustee Elliott: thing is
[4:31:05] Trustee Elliott: there's three elements
[4:31:08] Trustee Elliott: to their LUV that
[4:31:10] Trustee Elliott: seem to be causing a
[4:31:12] Trustee Elliott: huge amount of file on the
[4:31:13] Trustee Elliott: person's body. So
[4:31:16] Trustee Elliott: not for today's meeting,
[4:31:17] Trustee Elliott: but I'd like to flag this
[4:31:20] Trustee Elliott: as a discussion for
[4:31:21] Trustee Elliott: our next LTC meeting to bring this up to the top of the list following our
[4:31:27] Trustee Elliott: community information meeting with Mudge. We're going to work with Warren
[4:31:33] Trustee Elliott: Dingman on the development of a policy and procedures manual for Mudge and
[4:31:36] Trustee Elliott: that's a part of the regional planning piece that he's undertaking. So there's
[4:31:40] Trustee Elliott: going to be some cleanup in the policy procedures for bylaw enforcement but the
[4:31:47] Trustee Elliott: The LUB review needs to be on the list because it's causing serious issues.
[4:31:54] Trustee Elliott: For instance, driveways are considered a structure and literally every single lot would have to get a DVP to be in compliance.
[4:32:02] Trustee Elliott: So there's some just small things with their LUB that do need to be amended.
[4:32:08] Trustee Elliott: um i don't want to abandon the ecological protection zone but nor do i want to have
[4:32:14] Trustee Elliott: another year of waiting if the nation is not interested in offering feedback
[4:32:22] Trustee Elliott: um it's why isn't it just part of the lcp review well i mean this is this has been going for seven
[4:32:34] Trustee Elliott: years now thank you ecological protection i think it's really important to have that zone
[4:32:41] Trustee Elliott: available on Gabriela for some areas and it I mean it was almost finished at one point so have
[4:32:51] Trustee Elliott: um has the name impersonation given us a reason that they're not responding or do
[4:33:00] Trustee Elliott: like I don't it's a big blank that doesn't it probably well it may not be important to them
[4:33:10] Trustee Elliott: but it's it's our minor project and i feel really responsible for seeing this through it's you know
[4:33:19] Trustee Elliott: um i was the one who lobbied for it six years ago along with former trustee deborah barron
[4:33:25] Trustee Elliott: at that time it's been really important to in order to protect parts of coats marsh like it
[4:33:31] Trustee Elliott: seemed really important then but just finishing it for the sake of finishing if you can't finish
[4:33:37] Trustee Elliott: the project right now all i'm saying is can we shelve it and bring it back when there is a
[4:33:44] Trustee Elliott: response and turn our minds to something that can actually get done comment from planning staff well
[4:33:58] Voice 18: you you can you could request i mean an idea is just to request the staff come back with
[4:34:04] Voice 18: um a report on the status of the ecological protection zone project
[4:34:09] Voice 18: it and um yeah and and then and then you could have that at your next meeting to have a discussion
[4:34:19] Voice 18: about your future projects um and as an lgc decide what you would like to do um if that would
[4:34:27] Voice 18: i could provide a report presenting please the options for receiving or not proceeding
[4:34:35] Voice 18: Does
[4:34:35] Voice 4: that mean that
[4:34:36] Trustee Elliott: you would, in the meantime, contact the First Nation and inquire?
[4:34:43] Trustee Elliott: Maybe they don't want to look at it ever, and that's okay, but we should know that.
[4:34:51] Voice 18: I can. Staff have contacted the Nation multiple times, and so I can do that in turn.
[4:35:02] Trustee Elliott: i just think this rolls in with our ocp review and as our conversations with
[4:35:07] Trustee Elliott: the name of evolve the approach that we're discussing is what areas are you interested
[4:35:13] Trustee Elliott: in giving input in if they're not interested in giving input in ecological protection zone
[4:35:19] Trustee Elliott: we have our answer so i think folding this into our conversations as it evolves about the ocp
[4:35:27] Trustee Elliott: review it's it's part of a an amendment to our ocp um perhaps the referral could be approached
[4:35:35] Trustee Elliott: less formally yes
[4:35:37] Voice 7: do you care for me clarify so this is for a zoning lb amendment for the
[4:35:45] Voice 7: land use by the way so the conversations that happen at the official community plan level
[4:35:50] Voice 7: by all means i think the um the thought and the approach i think will is great would happen
[4:35:57] Voice 12: if
[4:35:57] Voice 7: um if the approach makes sense to move this minor project to the future project list
[4:36:06] Voice 7: the next step after an official the official community plan project
[4:36:11] Voice 7: is to update the lane yeah so at that point in time the local trust can make sure
[4:36:21] Voice 7: look at your project list it would be it would be a suggestion for the
[4:36:24] Voice 7: the local trust committee planner to say hey what else can we have as part of the scope as we begin
[4:36:30] Voice 7: to complete a land file review we're talking a couple
[4:36:35] Trustee Elliott: years down the road here so keeping it
[4:36:38] Trustee Elliott: as a minor project a future project list item so we don't lose it to capture our own trustees
[4:36:45] Trustee Elliott: trustees of thought and then
[4:36:47] Voice 7: the opportunity will still be there if needed and it makes
[4:36:51] Voice 7: that's the quality too when you spell overview yeah and
[4:36:54] Voice 7: work's been done
[4:36:56] Voice 12: so
[4:36:59] Trustee Elliott: to the chair yes
[4:37:00] Trustee Elliott: i mean
[4:37:01] Trustee Elliott: i feel responsible to the not to myself and to a number of people who are wondering what's
[4:37:07] Trustee Elliott: happening with that ecological protection zone so um maybe maybe i would really appreciate a
[4:37:14] Trustee Elliott: formal comment from planner bow at our next meeting as to where what we should do with this
[4:37:21] Trustee Elliott: where it's at and then we can make that decision and that does make sense you know if we're going
[4:37:27] Trustee Elliott: to be updating the land use bylaw anyway it's just that
[4:37:30] Voice 10: seven
[4:37:31] Trustee Elliott: years right
[4:37:36] Trustee Elliott: so could i could i then move that the item number five the mud island official committee
[4:37:41] Trustee Elliott: plan land use bylaw be moved up to number one replace the decoracy before
[4:37:46] Trustee Luckham (probable): you go there i have
[4:37:48] Trustee Luckham (probable): If
[4:37:48] Trustee Elliott: we
[4:37:54] Trustee Luckham (probable): don't like the bylaws, for whatever reason, quoting Miles Drew, we should change the bylaws, certainly, but in the short term, if we can't, if we don't like the bylaws and the enforcement that's happening with bylaws, you can ask bylaw enforcement for some kind of standing resolution to stop that activity.
[4:38:17] Trustee Luckham (probable): And
[4:38:18] Trustee Elliott: so
[4:38:20] Trustee Luckham (probable): that's a short-term sort of gap-filling thing that you might want to consider because
[4:38:27] Trustee Luckham (probable): my next comment is we really have to decide what we can do, what we can't do, and what
[4:38:33] Trustee Luckham (probable): we shouldn't be doing.
[4:38:34] Trustee Luckham (probable): And on my shouldn't be doing list is we've just come out of an in-depth conversation
[4:38:40] Trustee Luckham (probable): about inadequate guidelines for development permit areas, and we've got problems with
[4:38:47] Trustee Luckham (probable): the rezoning those are things that we probably should be doing because we're vulnerable and
[4:38:54] Trustee Luckham (probable): quite honestly i don't really want to be in this situation where we're stuck between a rock and a
[4:39:00] Trustee Luckham (probable): hard place trying to make these kinds of decisions that are really important and so how do we fit
[4:39:06] Trustee Luckham (probable): those things onto the work programming projects
[4:39:08] Trustee Elliott: rezoning the the property that we just talked
[4:39:13] Trustee Elliott: I agree. We should actually fix that, and it should be an urgent priority matter, and I don't know why we haven't addressed it before now.
[4:39:20] Trustee Luckham (probable): Well, that's why I'm raising it, because when we send a referral to the approving officer to say, we don't want to approve this, and we
[4:39:30] Voice 21: haven't
[4:39:31] Trustee Luckham (probable): done the work, and rectified the work that you have cited over the last 20 years.
[4:39:37] Trustee Elliott: That's been inappropriate. You're absolutely right.
[4:39:39] Trustee Luckham (probable): So I'm just tossing it out.
[4:39:41] Trustee Luckham (probable): So
[4:39:42] Trustee Elliott: my comment is similar on the DAI bylaw.
[4:39:46] Trustee Elliott: When I ran for this job, you know, two and a half years ago, two years ago,
[4:39:52] Trustee Elliott: that was one of the things I talked about is this incredibly updated
[4:39:56] Trustee Elliott: development approval information bylaw.
[4:39:59] Trustee Elliott: And I don't believe it can wait until we finish the OCP.
[4:40:02] Trustee Elliott: I think that we have applications coming to us all the time,
[4:40:06] Trustee Elliott: and we need an updated DAI bylaw.
[4:40:10] Trustee Elliott: It'll need to be updated again, I'm sure, after the OCP review and the land use bylaw
[4:40:15] Trustee Elliott: review.
[4:40:15] Trustee Elliott: But it is so horribly out of date that we can't even ask applicants to do the simplest
[4:40:23] Trustee Elliott: things because it's not in the DEAI bylaw.
[4:40:25] Trustee Elliott: And we've already come across things, oh my god, we should be asking them for this, oh
[4:40:30] Trustee Elliott: but it's not in.
[4:40:31] Trustee Elliott: But we've had this conversation multiple times that we can't do it until you update
[4:40:39] Trustee Elliott: the DPAs. You can. We can have an updated EMAI bylaw right now that we present in use
[4:40:48] Trustee Elliott: for when applications happen.
[4:40:51] Trustee Elliott: It's not that simple.
[4:40:52] Trustee Elliott: So
[4:40:53] Voice 14: do you have any remarks about the DIs?
[4:40:55] Voice 7: Senator Brown and I were recollecting, and this item was passed by the LLC. I think
[4:41:07] Trustee Elliott: I
[4:41:07] Voice 7: think it could have been the end of last year, 2023.
[4:41:11] Voice 7: When staff looked into it, to my recollection was that
[4:41:16] Trustee Elliott: there's a very narrow portion that
[4:41:21] Trustee Elliott: would need to be updated, but perhaps it was timely to look at the DAI by-law in a more
[4:41:27] Trustee Elliott: wholesome way, and the sequence of which this
[4:41:31] Voice 7: by-law would happen, knowing that there's
[4:41:34] Voice 7: an OCP review happening and a land use by-law happening. So
[4:41:38] Voice 7: there's some other items that might
[4:41:42] Voice 7: come up sooner
[4:41:43] Trustee Elliott: than this and it was another factor I think when we were looking into this,
[4:41:48] Trustee Elliott: the staff looking into this was not very
[4:41:52] Voice 7: clear on the initial intent of what this
[4:41:57] Voice 7: review would be to include. So that indicates potentially that
[4:42:07] Voice 7: perhaps timeliness has sort of made this a little
[4:42:11] Trustee Elliott: bit more blurry.
[4:42:15] Voice 7: Okay
[4:42:15] Trustee Elliott: so in my mind I remember a couple of years ago Robert Kojima updated the North
[4:42:21] Trustee Elliott: Pender DAI bylaw. And it was a really good one. And talking to David Marler and
[4:42:28] Trustee Elliott: Stephen Cermak, it seemed like that would be a good model to follow. It had everything in there
[4:42:35] Trustee Elliott: that I would want to see. And we talked about that
[4:42:39] Voice 10: about
[4:42:40] Trustee Elliott: a year ago or so. So that's why it's
[4:42:44] Trustee Elliott: a minor project, because there's already a good one out there, sort of a copy. And we've had
[4:42:51] Trustee Elliott: applications come to us between then and now that oh we had a DIY that was more up to date
[4:42:58] Trustee Elliott: we could ask for this in fact we can't ask for this it has to be you know the applicant has to
[4:43:05] Trustee Elliott: offer it yeah
[4:43:06] Voice 12: so
[4:43:07] Trustee Elliott: you know the more the more we don't have this that the more stuff goes through
[4:43:12] Trustee Elliott: the cracks then we should be
[4:43:15] Trustee Luckham (probable): catching so one of the things that we could do at this juncture or
[4:43:18] Trustee Luckham (probable): and maybe halfway through the term,
[4:43:19] Trustee Luckham (probable): which is realistically where we're at,
[4:43:21] Trustee Luckham (probable): is we could ask staff to review on options
[4:43:24] Trustee Luckham (probable): for implementing what appears to be high priorities
[4:43:30] Trustee Luckham (probable): for the remainder of the term.
[4:43:33] Trustee Luckham (probable): Put all these things into the basket and analyze it.
[4:43:35] Trustee Luckham (probable): And where's the greatest gains?
[4:43:39] Trustee Luckham (probable): Realistically, right?
[4:43:40] Trustee Luckham (probable): Let's set the next LTC up for more success
[4:43:43] Trustee Luckham (probable): than maybe we've had starting off.
[4:43:45] Trustee Luckham (probable): Not that we haven't been successful,
[4:43:46] Trustee Luckham (probable): but you know
[4:43:47] Trustee Luckham (probable): we've had some struggles and it
[4:43:49] Trustee Luckham (probable): would be better to improve the overall not that I don't
[4:43:53] Trustee Luckham (probable): want to advance ecological reserves and not that I don't want to advance DAIs and all these other
[4:43:59] Trustee Luckham (probable): things but it would be kind of what really struck me is if we're writing to somebody complaining
[4:44:06] Trustee Luckham (probable): about our own regulation then we should fix our regulation
[4:44:10] Trustee Elliott: yeah okay I totally agree and I would
[4:44:15] Trustee Elliott: add the down zoning if that subject property is that has a potential for
[4:44:21] Trustee Luckham (probable): you to do it
[4:44:22] Trustee Elliott: well it
[4:44:23] Trustee Elliott: doesn't
[4:44:24] Trustee Luckham (probable): change anything right now but we could change it for the next owner and that could be
[4:44:28] Trustee Luckham (probable): the one and
[4:44:29] Trustee Elliott: i think it would signal intent to address what's been a long-standing issue
[4:44:37] Trustee Elliott: you
[4:44:37] Trustee Luckham (probable): have to continue to support right but that's a good thing to go do so how that messes up your
[4:44:45] Trustee Luckham (probable): RCP is a reality check
[4:44:47] Trustee Luckham (probable): too, right? So I'm just saying, I'm just
[4:44:49] Trustee Luckham (probable): a property.
[4:44:50] Trustee Elliott: I like the idea
[4:44:51] Trustee Elliott: of almost project managing and
[4:44:53] Trustee Elliott: assessment towards the end of term,
[4:44:56] Trustee Elliott: what projects are
[4:44:57] Trustee Elliott: achievable, and
[4:44:59] Trustee Elliott: doing some analysis. I think
[4:45:01] Trustee Elliott: that's a really good approach.
[4:45:05] Trustee Elliott: Yes.
[4:45:06] Voice 19: Through
[4:45:06] Trustee Elliott: the chair, that
[4:45:07] Trustee Elliott: is your strategic planning for the
[4:45:09] Trustee Elliott: term. Yes.
[4:45:11] Trustee Elliott: Can we put our heads together on that?
[4:45:15] Trustee Elliott: Yes.
[4:45:15] Trustee Elliott: So, can
[4:45:16] Trustee Elliott: we get a
[4:45:17] Voice 14: motion to ask you for that?
[4:45:18] Trustee Elliott: Yeah.
[4:45:20] Trustee Luckham (probable): What?
[4:45:21] Trustee Luckham (probable): Let's not make a motion.
[4:45:23] Trustee Elliott: Oh.
[4:45:24] Trustee Elliott: My staff doing analysis of the current and future projects list and feasibility and scope of the projects listed to report back to the next LTC meeting.
[4:45:42] Trustee Luckham (probable): Yeah.
[4:45:43] Trustee Luckham (probable): Maybe identify.
[4:45:45] Trustee Elliott: And identify priorities.
[4:45:47] Trustee Luckham (probable): Problems.
[4:45:49] Trustee Luckham (probable): Experiences.
[4:45:50] Trustee Luckham (probable): All right,
[4:45:52] Trustee Elliott: and identify opportunities and issues.
[4:45:54] Trustee Elliott: Yeah, perfect.
[4:45:55] Trustee Elliott: That's
[4:45:56] Voice 16: what I'm looking for.
[4:45:57] Voice 10: That's what I'm looking for.
[4:46:00] You like that?
[4:46:04] Voice 1: Yeah.
[4:46:05] Voice 1: That's good.
[4:46:06] Voice 10: I
[4:46:06] Voice 18: think I need the motion to be read or something.
[4:46:12] Trustee Elliott: Okay.
[4:46:12] Trustee Elliott: Okay, that was just many motions today.
[4:46:17] Trustee Elliott: Request staff review prior to,
[4:46:26] Trustee Elliott: no, not prior to this, that's our job.
[4:46:28] Trustee Elliott: Review the current and future projects.
[4:46:35] Trustee Elliott: Well, that's fine, it's all there.
[4:46:37] Trustee Elliott: Projects list and back
[4:46:44] Voice 22: with issues
[4:46:48] Voice 22: opportunities for prioritization for the LTC so in order to prioritize prioritize
[4:47:12] Trustee Elliott: major of the term no
[4:47:14] Voice 10: just
[4:47:15] Trustee Elliott: LTC work or prioritize LTC work that's great
[4:47:19] Trustee Elliott: perfect but staff review the current future projects list to report back with issues and
[4:47:24] Trustee Elliott: opportunities in order to prioritize in order to help prioritize ltc's
[4:47:31] Trustee Luckham (probable): work yeah
[4:47:33] Trustee Elliott: i'll second that
[4:47:34] Trustee Elliott: perfect you
[4:47:35] Trustee Luckham (probable): gotta understand you got that you too lisa i'm
[4:47:39] Trustee Elliott: writing it in my list
[4:47:41] Trustee Elliott: okay
[4:47:42] Trustee Luckham (probable): you're so on it um so moved and seconded all those in favor
[4:47:52] Trustee Elliott: I do have one more question with regard to the future projects list because this is a question
[4:48:00] Trustee Elliott: that came to me from an ABC member but they haven't met I guess which one advisory planning
[4:48:07] Trustee Elliott: commission bylaw number three oh um to request that they set a regular monthly meeting date and
[4:48:14] Trustee Elliott: time. So we just need them to do that. I know they haven't had any referrals yet,
[4:48:20] Trustee Elliott: but they will be getting referrals. And they still, as far as I understand, don't
[4:48:24] Trustee Elliott: have a regular meeting date and time. And if they have one, they can either not
[4:48:31] Trustee Elliott: meet if there's nothing before them, or meet if there's something before them. But they
[4:48:35] Trustee Elliott: don't have that yet. They lost their chair, we haven't sent them a referral.
[4:48:39] Trustee Elliott: girl yeah do we need to task them with work does that meaning dates yes because
[4:48:44] Voice 16: yes we
[4:48:47] Trustee Elliott: we almost could have so i i think we just need to remind them amongst themselves
[4:48:51] Trustee Elliott: to find a meeting date and time otherwise staff will be doing doodle polls and waiting for answers
[4:48:59] Trustee Elliott: and it's really inefficient to do that and that's one person who asked me said i just wish we had
[4:49:06] Trustee Elliott: had a set meeting you know day of the month in time so i could think of it sounds like a susan
[4:49:14] Trustee Elliott: job why don't you talk to them and let me do it send them an email yes jeff doesn't want their
[4:49:20] Trustee Elliott: chair exactly take it off staff's list that's not fair i mean i
[4:49:24] Trustee Elliott: do it i just don't i don't have
[4:49:26] Trustee Elliott: the money to do that do i you
[4:49:30] Trustee Luckham (probable): can talk to them do you have any suggestions and if you come back
[4:49:35] Trustee Luckham (probable): with some strong indication of consensus that we can just say yeah make it the 15th of every month
[4:49:42] Trustee Luckham (probable): and actually if
[4:49:43] Trustee Elliott: you don't need it
[4:49:43] Trustee Luckham (probable): yeah
[4:49:45] Trustee Elliott: an idea could be in conversation happen behind the scenes
[4:49:49] Trustee Elliott: with the members and
[4:49:51] Trustee Elliott: tell them when it's ready to go out they can respond with let's start with
[4:49:59] Trustee Elliott: So I'm going to make a request for staff to do this, and I move that the Gabriel Island
[4:50:11] Trustee Elliott: Local Trust Committee request staff to contact the current APC members and ask them to number
[4:50:29] Trustee Elliott: Number one, pick a chair, choose a chair.
[4:50:32] Trustee Elliott: They've lost their chair.
[4:50:33] Trustee Elliott: And number two, set a regular monthly meeting date and time.
[4:50:38] Trustee Elliott: I'm
[4:50:46] Voice 16: sorry, got distracted.
[4:50:47] Trustee Elliott: That's okay.
[4:50:48] Trustee Elliott: I'm just asking staff, probably Stephen, I'm not sure who,
[4:50:52] Trustee Elliott: to contact the APC, all of them, the current members,
[4:50:55] Trustee Elliott: and first to pick a chair, they need to choose a chair.
[4:51:00] Trustee Elliott: And then secondly, to choose a monthly meeting date and time.
[4:51:03] Voice 22: They haven't picked a chair.
[4:51:04] Trustee Elliott: No, they lost their chair.
[4:51:08] Voice 18: To be sure, the APC would, they have not met since they lost their chair, so that would be something that is on their agenda the next time they meet is to elect a new chairperson.
[4:51:24] Voice 18: This regular meeting time, date and time, has been on their agenda as well, I believe the past two meetings, and
[4:51:33] Voice 18: they're not at this point.
[4:51:35] Voice 18: we there's not a nothing in the apc bylaw that compels them i
[4:51:40] Voice 23: know so
[4:51:41] Voice 18: that that request has
[4:51:42] Voice 18: been made to them and at this point that hasn't happened
[4:51:46] Voice 5: can we remind them we can compel them
[4:51:49] Trustee Luckham (probable): about changing the apc bylaw i'm kidding well
[4:51:54] Trustee Elliott: it says here an amendment to the bylaw and i think
[4:51:58] Trustee Elliott: we should change i think we should make that amendment i think it just makes it easier for
[4:52:02] Trustee Elliott: every incoming APC and all staff for the APC to have a regular and whether or not they actually
[4:52:10] Trustee Elliott: meet I think you just need
[4:52:12] Trustee Elliott: to do this you've already asked staff to do it they've already
[4:52:14] Trustee Elliott: asked them you're in communication with the APC just email them and say please do this
[4:52:19] Trustee Elliott: you're a trustee yeah you can do it I'm happy to do it I just don't want to you know do it okay
[4:52:25] Voice 14: so that's it no motion um
[4:52:29] Trustee Elliott: yeah we'll leave we'll leave it and we'll see what happens
[4:52:32] Trustee Elliott: are you okay with that steven okay we'll
[4:52:37] Voice 12: take your direction to
[4:52:40] Trustee Elliott: share i didn't hear an emotion
[4:52:42] Trustee Elliott: no
[4:52:42] Voice 16: there is no no no no no
[4:52:45] Trustee Elliott: you already did the thing now i'm going to apply the heavy weight
[4:52:52] Trustee Elliott: of
[4:52:52] Trustee Luckham (probable): the trusteeship but you did get a motion about the reviewing the projects yes yeah yes
[4:52:58] Trustee Luckham (probable): we've done our work program we've done everything else unless
[4:53:02] Trustee Elliott: you want to add the rezoning to the
[4:53:04] Trustee Elliott: the
[4:53:04] Trustee Luckham (probable): Future Projects List.
[4:53:07] Trustee Elliott: I
[4:53:07] Trustee Luckham (probable): think we looked at opportunities.
[4:53:10] Trustee Elliott: Well, through the Chair, that specific item to add,
[4:53:15] Voice 7: to identify for the Future Projects List,
[4:53:19] Voice 7: and then staff can go away with that previous resolution
[4:53:22] Voice 7: and include that and bring that back, report that back.
[4:53:25] Trustee Luckham (probable): Oh, actually, so you want to do this,
[4:53:26] Trustee Luckham (probable): amend the Future Projects List to have this amend the zone.
[4:53:30] Trustee Luckham (probable): Okay, sure, go for it.
[4:53:31] Trustee Luckham (probable): So
[4:53:32] Trustee Elliott: that staff amend the future projects list to include review and explore options to rezone parcels.
[4:53:48] Trustee Elliott: Do I have to say the whole thing?
[4:53:52] Voice 7: Oh my gosh.
[4:53:54] Voice 7: Okay,
[4:53:55] Trustee Elliott: I move that staff amend the future projects list to include a review and to review and explore options of rezoning PID 003-134-806,
[4:54:20] Trustee Elliott: Northeast quarter of section 3
[4:54:22] Trustee Elliott: Gabriel Island Nanaimo District
[4:54:24] Trustee Elliott: except parcel A
[4:54:27] Trustee Elliott: DD773261
[4:54:28] Trustee Elliott: and except plans
[4:54:32] Trustee Elliott: EPP19453
[4:54:33] Trustee Elliott: and EPP66666
[4:54:43] Voice 8: EPP66666
[4:54:44] Voice 8: EPP66666
[4:54:44] Voice 8: EPP66666
[4:54:47] Trustee Luckham (probable): Moved. You got it
[4:54:49] Trustee Luckham (probable): everybody? Yep. Seconded? Yep.
[4:54:52] Trustee Luckham (probable): All those in favor?
[4:54:54] Voice 10: That carries unanimously.
[4:54:56] Trustee Luckham (probable): There you go. That's on the list. Add it to that. Perfect. Anything else? Word programs?
[4:55:03] Trustee Elliott: That's all.
[4:55:04] Trustee Luckham (probable): Well, our next scheduled meeting is June 27th, 10.30.
[4:55:07] Trustee Elliott: Brilliant.
[4:55:08] Trustee Luckham (probable): You'll be well into summer by then.
[4:55:10] Trustee Elliott: June. We'll go sailing. Plan to stay overnight. You go sailing.
[4:55:16] Trustee Luckham (probable): Oh, I see. Okay.
[4:55:18] Trustee Elliott: I have to go. I need to go.
[4:55:20] Trustee Luckham (probable): Bye, everybody.
[4:55:22] Trustee Elliott: You
[4:55:22] Trustee Luckham (probable): might be convinced of that. Okay.
[4:55:33] Voice 12: Thank
[4:55:34] Trustee Luckham (probable): you for joining us and please come back on June 27th.
The minutes
Official minutes as published by the Islands Trust (source), text extracted automatically.
ADOPTED
Gabriola Island ADOPTED 1
Local Trust Committee Minutes
May 23, 2024
Gabriola Island Local Trust Committee
Minutes of Regular Meeting
Date:
Location:
May 23, 2024
Gabriola Arts & Heritage Centre
476 South Road, Gabriola Island, BC
Members Present: Peter Luckham, Chair
Tobi Elliott, Trustee
Susan Yates, Trustee
Staff Present: Renée Jamurat, Regional Planning Manager
Stephen Baugh, Island Planner
Lisa Millard, Recorder (via Zoom)
Others Present: There were approximately 12 members of the public in attendance.
Vanessa Craig, Electoral Area Director (via Zoom)
1. CALL TO ORDER
“Please note, the order of agenda items may be modified during the meeting. Times are provided
for convenience only and are subject to change.”
Chair Luckham called the meeting to order at 10:40 am. He acknowledged that the meeting was
held on the territory of the Coast Salish First Nations. He introduced Snuneymuxw Elders
Geraldine Manson and Max Settler and welcomed them.
2. APPROVAL OF AGENDA
By general consent, the agenda was approved as presented.
3. REPORTS
3.1 Trustee Reports
Trustee Yates reported the following:
Attended a forum on collaborative politics featuring guest speakers MLA Adam
Olsen and Vancouver City Councillor Christine Boyle;
Attended a joint Executive Committee and Trust Conservancy meeting that
addressed climate change;
The June Trust Council meeting will be held on Salt Spring Island;
ADOPTED
Gabriola Island ADOPTED 2
Local Trust Committee Minutes
May 23, 2024
There will be a committee of the whole meeting at the end of May to discuss the
Islands Trust Draft Policy Statement;
will be joining Trust Conservancy staff during an upcoming visit to Gabriola to
monitor three covenanted properties;
Ferry Advisory Committee anticipates that terminal safety upgrades will be
addressed at their next meeting; and
Attended a Regional District of Nanaimo Parks and Open Spaces Advisory Planning
Committee meeting to discuss sports field access options and the discontinuation of
the planned wildfire mitigation in the 707 Community Park.
Trustee Elliott reported the following:
Continues to participate in the Chief Administrative Officer (CAO) Hiring Committee;
Listened to a Mudge Island Town Hall meeting during which a community group was
formed;
Announced the Ocean Day event on June 8 at Reserve No. 5 which is being hosted
by the Snuneymuxw First Nation and the Department of Fisheries and Oceans; and
Will be helping to organize a Munu Canoe Journey fundraising event to take place at
Twin Beaches at the end of June.
3.2 Chair's Report
Chair Luckham reported that he continues to do work with CAO Hiring Committee and is
looking forward to the forthcoming Trust Policy Statement work.
3.3 Electoral Area Director's Report
Electoral Area Director Vanessa Craig reported the following:
Regional District of Nanaimo (RDN) Parks and Open Spaces Advisory Planning
Committee met to discuss sports field access and the decision to discontinue the
707 Community Park wildfire mitigation plan;
RDN is working on taking over the management of Orlebar Point and hopes to
replace the picnic tables in the coming months; and
RDN is discussing the potential to increase the size of the green bin carts to allow
more yard waste.
3.4 First Nations Reports
Chair Luckham welcomed Snuneymuxw Elder Max Settler, Snuneymuxw Elder Geraldine
Manson, and Snuneymuxw Lands Referrals Officer Hannah Paulson.
Elder Max Settler, a Member of the Elders Advisory Group, Snuneymuxw First Nation,
stated that he was in attendance for the purpose of observation and interpretation. He
said that he was present twenty (20) years ago when a developer wanted to move
forward with plans in an area where First Nations have cultural concerns, that the same
concerns remain now, and that he hopes that today the issue might be resolved.
ADOPTED
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Elder Geraldine Manson introduced herself by her traditional name C’tasi:a. She is a
Member of the Snuneymuxw Elders Advisory Group and noted that the importance of
this group is to hold knowledge within their traditional territory. She stated that the
land being discussed is very important to the Snuneymuxw and that the Hul’q’umi’num
tribe chose this space for burial and for the spiritual significance of the land which is still
with them. She said that the additional development that has occurred is disheartening,
that the Snuneymuxw leadership was not consulted, and the proper protocols for
discussion did not occur. She concluded by saying that the land is part of False Narrows,
which forms part of their unceded territory, and they would like to come to the
forefront of the discussion.
Snuneymuxw Lands Referrals Officer Hannah Paulson introduced herself and stated that
they have responded to the referral for this application and do not consent to the
subdivision being approved by Islands Trust. She acknowledged, and agreed with, the
Elders’ statements.
4. PUBLIC COMMENTS
A member of the public commented on the following:
Supports additional single user housing and the Housing Needs Assessment shows that
affordable housing is needed;
When development has taken place without permission, and it is in contradiction to local
bylaws and Provincial regulations, applications to expand the development should not be
considered until the land is returned to its prior state;
Understands there is a letter on public record, sent by a former Local Trust Committee,
specifying that development conditions must be met, including consent of the Nation and
these conditions have not been met; and
Does not support approval of the development permit application.
A member of the public stated the following:
Support the recommendation that the Local Trust Committee send their comments about
the Centre Stage Holdings application to the Provincial Approving Officer, encouraged that it
be stated that they recognize the Snuneymuxw First Nation’s right to free, prior and
informed consent, and that the Nation’s consent-based decision-making framework be
followed before any permission for subdivision is granted; and
The Wild Rose Garden Center application shows it might establish one of the residential
dwellings as affordable housing via an affordable housing agreement. Supported a
requirement for a Housing Agreement.
A member of the public made the following comments:
He and his wife are the Centre Stage Holdings development permit applicants;
Expressed gratitude that the Snuneymuxw Elders were in attendance and appreciated the
opportunity for communication;
Previously, there have been at least three (3) visits with First Nations Elders at the site;
Understood the value of the property, due in part, to members of the First Nation that have
shared their knowledge with them;
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Common goal is to protect the land;
There is a requirement to enter into a covenant with the Heritage Branch prior to
subdivision and the Heritage Branch involves First Nations in the consultation process;
Conversations with the First Nation became more complicated when talks began about
Snuneymuxw’s interest in buying the land;
His understanding is First Nations would like all communication to go through the Ministry
of Transportation and Infrastructure (MOTI) for subdivision referrals;
Interested in further communications with First Nations as understood all their previous
concerns had been addressed; and
Thinks that the First Nation does not support the property being developed and, if that is
the case, it needs to be said so a solution can be worked out; and
Work that has been done on the property has been done under the supervision of engineers
and Ministry of Transportation and Infrastructure.
Item 8.2 and Item 8.1 were moved up on the agenda to follow Public Comments.
5. DELEGATIONS - none
6. MINUTES
6.1 Local Trust Committee Minutes dated April 18, 2024 – for adoption
By general consent, the Local Trust Committee meeting minutes of April 18, 2024 were
adopted.
6.2 Section 26 Resolutions-Without-Meeting Report - none
6.3 Advisory Planning Commission Minutes - none
7. BUSINESS ARISING FROM MINUTES
7.1 Follow-up Action List dated May 15, 2024
It was noted that, while funds had been allocated to screen the film Dust and Bones,
plans had not been finalized yet.
7.2 Local Trust Committee Budget Accounts – Brief
The Regional Planning Manager summarized the brief and provided suggestions for
appropriate expenditures within the communication budget.
Discussion ensued and Trustees received the brief for information.
7.3 Choose Location for Local Trust Committee Meeting August 8, 2024 - Verbal Discussion
GB-2024-039
It was MOVED and SECONDED
that the Gabriola Island Local Trust Committee Regular Business Meeting be held
electronically on August 8, 2024.
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CARRIED
8. APPLICATIONS AND REFERRALS
8.1 GB-RZ-2022.1 (Moen) - Staff Report
The Planner summarized the staff report and highlighted the following:
The land use designation on the subject property will be changed to Village
Commercial and it will become part of the Village Centre Development Permit Area;
and
A site-specific Village Commercial zone will maintain the existing uses and will
expand the principal uses to include retail sales and rentals; personal services; a
restaurant; a limited public market; a bakery; offices, and up to two residential
dwellings.
The applicant was present and spoke to the application.
Discussion ensued and Trustees made the following comments:
Concern about water availability based on the extent of potential uses;
There are no development plans provided with the application, so there is
uncertainty about what the water needs will be;
There has been significant discussion within the community about providing
affordable rental housing above commercial buildings;
It is difficult to approve rezoning and send the application out for referral without
having more specific development details; and
As this is site-specific zoning, there is an opportunity to include a housing
component for flexibility for future use even if the current owner does not build
housing.
GB-2024-040
It was MOVED and SECONDED
that the Gabriola Island Local Trust Committee request the applicant of GB-RZ-2022.1 –
Land Use Bylaw and Official Community Plan Amendment for commercial and
residential development of Wild Rose Garden Centre to work with staff to explore
options in the Housing Options Tool Kit #3.
CARRIED
GB-2024-041
It was MOVED and SECONDED
that the Gabriola Island Local Trust Committee request staff forward the Staff Report
GB-RZ-2022.1 – Land Use Bylaw and Official Community Plan Amendment for
commercial and residential development of Wild Rose Garden Centre to Freshwater
Specialist William Shulba and request comment and analysis on proposed water uses.
CARRIED
ADOPTED
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8.2 GB-DP-2021.1 Centre Stage Holdings - Staff Report
The Regional Planning Manager summarized the staff report.
It was noted that the applicants are present.
It was determined that the Trustees would consider the referral comments to the
Provincial Approving Officer prior to the consideration of the approval of the
development permit application.
Discussion ensued and Trustees asked questions and commented on the following:
Why do staff continue to recommend approval of the development permit
application and, based on precedents set on North Pender and James Islands, is it
possible to consider issuing the permit only if the Provincial Approving Officer
approves the subdivision and the Snuneymuxw are satisfied with the consultation
and consent to the project?
o The Regional Planning Manager indicated that the rationale for the
recommendation is due to the specific guidelines for the development permit
area, that requiring a condition of subdivision approval might not be legislatively
correct, and that the Provincial Approving Officer needs a clear decision from
the Local Trust Committee about the development.
The North Pender Island Local Trust Committee withheld a signature on a covenant.
Can staff clarify the difference between a covenant and a development variance
permit?
o The Regional Planning Manager stated that a restrictive covenant is a legal
document that is registered on the property title and a development variance
permit is a legislative process.
The development permit relates to steep slopes and, while the application meets
the technical requirements of the permit, it does not meet the moral obligations of
the Reconciliation Declaration made by Trust Council, the Local Trust Committee,
and the Islands Trust Conservancy;
The staff report explains the process from a technical and legal standpoint, but
approving the application seems morally and ethically wrong;
The inadequacy is not associated with the applicant but within the guidelines for
application approval which are outdated and do not stand up to the Declaration of
Reconciliation;
The Provincial Approving Officer has the authority to approve the subdivision layout
and the development permit is a requirement of that approval, but perhaps the
permit application can occur post subdivision approval;
The Snuneymuxw referral response, and the Elders who have spoken today, have
made it clear that they do not support any further spiritual or physical changes to
the land;
The development permit discussion should be deferred until the discussion about
the subdivision referral response is concluded;
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The lack of consultation related to the adoption of the 2005 bylaws that allowed for
the creation of forty-nine (49) lots in the absence of comment or consultation with
the Snuneymuxw First Nation, and in spite of the Nation’s request for more than
thirty (30) days to consider the matter, needs to be considered and should be
rectified by the current Local Trust Committee;
The First Nation has been clear that the entire area is sacred and connected to their
culture and their sense of well being; and
A prioritization of parkland and green space over sacred sites has occurred and the
Nation has never consented.
The applicants made the following comments:
The process has taken twenty (20) years of their life;
They did not do this for money, but to protect seven hundred (700) acres of land
that they paid for; and
They would have never dedicated the parkland had they thought consultation had
not been done correctly.
Discussion ensued and Trustee Elliott noted the following:
She has provided the Local Trust Committee with rationale behind each of the
points in the motion;
There are public hearing files available for reference;
Reconciliation is necessary in order to establish a new foundation from which to
move forward;
Property owners have rights, but the principles of reconciliation and rights of
Indigenous Peoples, which have been ratified through the Declaration Act, are in
conflict with this application; and
The bylaws do not supersede the Declaration Act.
GB-2024-042
It was MOVED and SECONDED
that due to the significant First Nations cultural heritage values present on the subject
property, that the Gabriola Island Local Trust Committee request staff to forward the
following comments from the Local Trust Committee to the Provincial Approving Officer
in consideration of subdivision referrals GB-SUB-2024.1 and GB-SUB- 2024.2 (Centre
Stage Holdings) [MOTI FILE 2020-02789/02214].
The Gabriola Island Local Trust Committee does not support this subdivision application
for the following reasons:
1) That there is a clear record from 2005 that establishes Snuneymuxw First Nation
consistently and unequivocally have never consented to any development on these
sacred lands;
2) That the Snuneymuxw First Nation have long standing concerns and strong
objections to any development of this parcel of land, due to the presence of several
significant cultural heritage and archaeological sites, and claim the sole right to
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determine how to care for, access and protect their own burial, cultural and sacred
sites;
3) That these sacred areas are considered critical to the health and wellbeing and
connectivity for Snuneymuxw First Nation, since time immemorial, and should not
be held in private lots that would exclude Snuneymuxw from access to their cultural
heritage areas, and the sacred resting places of their ancestors;
4) That Snuneymuxw First Nation has consistently asserted their rights and title on
Gabriola Island, Douglas Treaty rights, and the Constitutional rights to determine
how their cultural heritage areas should be protected, and those rights have not
been respected in the development of the bylaws that allocated densities to the
parcel in 2005;
5) That the Local Trust Committee acknowledges there was inadequate consultation
with the Snuneymuxw First Nation in 2005 in the development and adoption of
bylaws that allowed a density swap and covenant to be negotiated between Centre
Stage Holdings and Islands Trust, in the absence of comment or consultation with
the Snuneymuxw First Nation, and in spite of their request for more time to
consider the matter with than a 30-day referral;
6) That the Snuneymuxw First Nation’s interests and concerns over the protection of
their most sacred sites were not adequately considered in the density swap, and
while the parkland and green space achieved through the density transfer achieved
large benefits for the Gabriola community, there was no corresponding benefit to
the Nation;
7) That regarding the protection of cultural heritage generally, and Indigenous cultural
heritage specifically, the Gabriola OCP and LUB policies and bylaws and the Islands
Trust Policy Statement insufficiently protect cultural heritage resources, and do not
reflect the principles of the Declaration Act, nor UNDRIP, nor the Islands Trust’s
Reconciliation Declaration;
8) That there exists an active protocol agreement between Snuneymuxw First Nation
and Islands Trust (2008) that establishes the agreement between two governments
with how to proceed with development proposed in sensitive cultural areas, which
agreement has not been followed to address the Nation’s critical concern over
development on this parcel; and
9) That there are insufficient buffers for the extensive archaeological and cultural
heritage sites with the proposed covenant, and no assurances that the Snuneymuxw
First Nation will be able to exercise their rights to access those sacred areas in
perpetuity.
CARRIED
Discussion ensued about advising the Provincial Approving Officer and the Lieutenant-
Governor-in-Council that the Local Trust Committee considers the approval of the
subdivision plan of MOTI-FILE 2020-02789/02214 as being against the public interest. A
motion was moved, seconded, discussed, and amended. The amended motions reads as
follows:
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GB-2024-043
It was MOVED and SECONDED
that the Gabriola Island Local Trust Committee
1. Notes that considerable sustained objections to the subdivision continue to be
expressed by the Snuneymuxw First Nation and therefore resolves to advise the
Provincial Approving Officer that the Gabriola Island Local Trust Committee
considers approval of subdivision referral of GB-SUB-2024.1 and GB-SUB-2024.2
(Centre Stage Holdings) {MOTI FILE 2020-02789/02214] as being against the public
interest, and does not have the consent of the rights and title holders of the area of
the territory of the Snuneymuxw First Nation.
2. Advise the Lieutenant-Governor-in-Council that the Gabriola Island Local Trust
Committee considers the deposit of the subdivision plan of MOTI FILE 2020-
02789/02214 as being against the public interest; and
3. Requests staff forward this resolution to the Provincial Approving Officer and the
Lieutenant-Governor-in-Council.
DEFEATED
GB-2024-044
It was MOVED and SECONDED
that the Gabriola Island Local Trust Committee notes that considerable sustained
objections to the subdivision continue to be expressed by the Snuneymuxw First Nation
and therefore resolves to advise the Provincial Approving Officer that the Gabriola
Island Local Trust Committee considers approval of the subdivision referrals of GB-SUB-
2024.1 and GB-SUB-2024.2 (Centre Stage Holdings) [MOTI FILE 2020-02789/02214] as
not being in the public interest, and does not have the consent of the rights and title
holders of the territory, the Snuneymuxw First Nation. The Gabriola Island Local Trust
Committee requests that the response provided by the LTC be forwarded to the
Provincial Approving Officer in consideration of the subdivision application.
CARRIED
There was a discussion regarding the Local Trust Committee writing a letter to the
Lieutenant-Governor-in Council or if a request should be made for the Executive
Committee to write an advocacy letter.
GB-2024-045
It was MOVED and SECONDED
that the Gabriola Island Local Trust Committee request staff provide clarity on the process
of sending a letter to the Lieutenant-Governor-in-Council that the Gabriola Island Local
Trust Committee considers the deposit of the subdivision plan of MOTI FILE 2020-
02789/02214 as being against the public interest, and draft the letter accordingly.
CARRIED
GB-2024-046
It was MOVED and SECONDED
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that the Gabriola Island Local Trust Committee defer approval of Development Permit
GB-DP-2021.1 (Centre Stage Holdings) until we have received the response from the
approving officer regarding the referral, and include this motion in the referral.
CARRIED
The applicants reiterated the statements they had made prior to the Local Trust
Committee discussing the subdivision referral from the Ministry of Transportation and
Infrastructure and the development permit deferral.
9. LOCAL TRUST COMMITTEE PROJECTS - none
10. CORRESPONDENCE - none
(Correspondence received concerning current applications or projects is posted to the LTC
webpage)
11. NEW BUSINESS
11.1 Invite to a Fall Meeting with Snuneymuxw First Nation regarding Official Community
Plan Project - Verbal Update from Trustee Elliott
Trustee Elliott suggested, and it was agreed, that she explore the possibility of applying
for a Community-to-Community grant for the purpose of holding a government-to-
government relationship-building event between the Local Trust Committee and the
Snuneymuxw First Nation.
11.2 Draft Letter from Trustees to Ministers Fleming and Rankin and Member of Legislative
Assembly Doug Routley regarding Community Petition on Turn Over of "Crown Land" -
Trustee Elliott
Trustee Elliott summarized the draft letter. Discussion ensued and it was determined
that Trustee Elliott would send the letter on her own behalf and not in her capacity as a
Trustee.
12. STAFF REPORTS
12.1 Trust Conservancy Report
Received for information.
12.2 Trust Conservancy Heron - Spring Edition
Received for information.
12.3 Applications Report dated May 15, 2024
Received for information.
12.4 Trustee and Local Expense Report dated March, 2024
Received for information.
12.5 Adopted Policies and Standing Resolutions
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Received for information.
12.6 First Nations Relationship Building Update
No update was provided.
12.7 Climate Change Action Update
No update was provided.
12.8 Local Trust Committee Webpage
No changes or additions at this time.
13. WORK PROGRAM
13.1 Active Projects Report dated May 15, 2024
Received for information.
13.2 Future Projects Report dated May 15, 2024
Discussion ensued regarding the status of active and future projects and the current
priorities of the Local Trust Committee.
GB-2024-047
It was MOVED and SECONDED
that the Gabriola Island Local Trust Committee request staff review the current and
future projects list and report back with issues, and opportunities, in order to help
prioritize the Local Trust Committee’s work.
CARRIED
GB-2024-048
It was MOVED and SECONDED
that the Gabriola Island Local Trust Committee request staff amend the future projects
list to review and explore options of rezoning PID: 003-134-806 northeast 1/4 of Section
3 Gabriola Island Nanaimo District except Parcel A (DD 77326I) and except Plans
EPP19453 and EPP66666.
CARRIED
4. UPCOMING MEETINGS
14.1 Next Regular Meeting Scheduled for Thursday, June 27, 2024 at 10:30 am at the
Gabriola Arts and Heritage Centre.
15. ADJOURNMENT
By general consent, the meeting was adjourned at 3:30 p.m.
_________________________
Peter Luckham, Chair
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Certified Correct:
_________________________
Lisa Millard, Recorder