Denman Island Local Trust Committee regular meeting, June 4, 2024
Denman Island Local Trust Committee · 2024-06-04 · 2:08:00 · recording 240604D on the Islands Trust's video service. Every timestamp below plays the recording from that moment.
Source
- Recording: Islands Trust, Denman Island Local Trust Committee, meeting of 2024-06-04, video recording ID
240604D(2:08:00) — 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, Denman 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 Graham (trustee) — 328 lines
- Trustee Borthwick (trustee) — 309 lines
- Manager of Bylaw Compliance and Enforcement (staff) — 103 lines
Transcript
[0:00:04] Voice 3: and live stream. Perfect. Thank you. We're on our way. All right. Good morning. Thank
[0:00:14] Voice 3: you for joining us today for this regular meeting of the Denman Island Local Trust Committee.
[0:00:20] Voice 3: I want to begin the meeting by acknowledging that we're fortunate to be able to gather
[0:00:24] Voice 3: today in locations across Ontario for the Coast Salish people. I'm David Maud, elected
[0:00:28] Voice 3: on Main Island, the chair of the Denman Island Local Trust Committee. I'm joined by your
[0:00:34] Voice 3: two trustees, Trustee Borthwick and Trustee Graham, and together we make up the Denman
[0:00:43] Voice 3: Island Local Trust Committee. The meeting is being live-screened and recorded for those
[0:00:47] Voice 3: who are unable to attend in person today. The recording will be posted on the Islands
[0:00:50] Voice 3: Trust website for future viewing. We have some staff members joining us today. We have
[0:00:59] Voice 3: lots of staff joining us
[0:01:00] Voice 3: today. I guess I want to start off by introducing Lisa Millard.
[0:01:05] Voice 3: who is our minute takers and is managing the meeting
[0:01:08] Voice 3: electronically for us, which is our great appreciation.
[0:01:11] Voice 3: We will be having Warren Dingman,
[0:01:14] Voice 3: the manager of bio-enforcement will be joining us.
[0:01:17] Voice 3: I believe just in the in-camera component.
[0:01:21] Voice 3: We also have a planning director, Stefan Cermak,
[0:01:27] Voice 3: director Claire Freider.
[0:01:29] Voice 3: We also have, is Joe a director?
[0:01:37] Voice 3: Joe Elliott is joining us, who's our senior indigenous advisor.
[0:01:42] Voice 3: He'll be joining us both for the in-camera and the public portion of the meeting today.
[0:01:46] Voice 3: And then we have here, we have our regional planning manager, Renee Chamart, who I always
[0:01:53] Voice 3: ruin her.
[0:01:53] Voice 3: I'm really bad at names.
[0:01:55] Voice 3: I really apologize for that.
[0:01:57] Voice 3: Oh, well that I appreciate, but now we're going to move on to our next, our planner,
[0:02:02] Voice 3: matter. Margo, the mom is the Midas. Well, I got close. And then we have miles per car here. So
[0:02:10] Voice 3: the easy one, we appreciate that. So we have, we have quite a few people joining us today. Thank
[0:02:16] Voice 3: you very much. So just to let you know, the meeting's official forum for your local trust
[0:02:22] Voice 3: committee to make decisions about land use planning matters and discuss relevant business.
[0:02:26] Voice 3: I want to add to this a place employment, despite the fact many staff are at their own home,
[0:02:30] Voice 3: our staff have the right to a safe and respectful workplace.
[0:02:33] Voice 3: So we have an agenda before us,
[0:02:36] Voice 3: and there's a modified agenda has been put forward.
[0:02:43] Voice 3: So we're going to go through items one through seven.
[0:02:48] Voice 3: Then we're going to go to a closed meeting
[0:02:51] Voice 3: for approximately half an hour,
[0:02:53] Voice 3: and then we're going to come back to deal with the applications.
[0:02:56] Voice 3: It's just a logistical thing that we had to do
[0:02:59] Voice 3: to switch things up a little bit so um we will be closing the meeting as i say for approximately
[0:03:05] Voice 3: half an hour in about we're what about 30 minutes into this meeting something like that yeah all
[0:03:12] Voice 3: right so if if that's okay if we can adopt the agenda does anybody have any additions
[0:03:16] Voice 3: or anything else so by consent we will adopt that slightly modified agenda um
[0:03:24] Voice 8: So we were on 8.1 and 8.2.
[0:03:28] Voice 8: Okay,
[0:03:29] Voice 3: yeah, so that's the other part of it is after we come in camera,
[0:03:34] Voice 3: we're flipping the two applications.
[0:03:38] Voice 3: So just to keep you kids on your toes.
[0:03:40] Voice 3: Thank you very much.
[0:03:44] Voice 3: All right, so we'll just boot right into it.
[0:03:48] Voice 3: We have trustee reports.
[0:03:49] Voice 3: Who wishes to be the first trustee to enlighten us?
[0:03:53] Voice 3: Trustee Graham.
[0:03:54] Trustee Graham (probable): Thank you very much.
[0:03:55] Trustee Graham (probable): Well, as all of us attended the first Committee of the Whole, which was an interesting exercise,
[0:04:02] Trustee Graham (probable): online with 26, almost 26, trustees and a number of staff, and it was a specific meeting
[0:04:08] Trustee Graham (probable): to discuss the policy statement review, which, though the meeting, I think, was to take a
[0:04:16] Trustee Graham (probable): number of hours, I think we had about 45 minutes to actually talk.
[0:04:19] Trustee Graham (probable): But it was good because we had the Director of Trust Area Services explain the process
[0:04:24] Trustee Graham (probable): this where we were, what it proceeded at.
[0:04:26] Trustee Graham (probable): So I thought it was an interesting meeting.
[0:04:28] Trustee Graham (probable): And we will be meeting again on the policy statement
[0:04:31] Trustee Graham (probable): to continue steering it through to its conclusion.
[0:04:35] Trustee Graham (probable): I also sit on the Financial Planning Committee.
[0:04:38] Trustee Graham (probable): And we review the budget timelines
[0:04:41] Trustee Graham (probable): because we just finish a budget, and we almost immediately
[0:04:45] Trustee Graham (probable): start looking at the next year because it takes so long
[0:04:48] Trustee Graham (probable): for various departments to say, well, this is great,
[0:04:52] Trustee Graham (probable): but we really should be doing this and that that requires a budget line that
[0:04:56] Trustee Graham (probable): has to go through the committee and then approved by Trust Council and and we
[0:05:00] Trustee Graham (probable): also review of the quarterly expenses each time so that they know that we're
[0:05:04] Trustee Graham (probable): on track and we're doing a good job and then yesterday we had an opportunity to
[0:05:09] Trustee Graham (probable): sit down with the regional district Hornby local trust committee and
[0:05:13] Trustee Graham (probable): our committee and we just looked at a whole bunch of things that that touch
[0:05:17] Trustee Graham (probable): the various islands and the one the one topic that I found interesting was the
[0:05:21] Trustee Graham (probable): the trails work, which are cross island trail.
[0:05:24] Trustee Graham (probable): And as I arrived for the meeting today,
[0:05:26] Trustee Graham (probable): I could see them working on the downtown portion,
[0:05:28] Trustee Graham (probable): which is very exciting.
[0:05:29] Trustee Graham (probable): And they hope to have the link going to Gravely Bay
[0:05:33] Trustee Graham (probable): done this year.
[0:05:34] Trustee Graham (probable): And when I asked them, what about the big hill?
[0:05:36] Trustee Graham (probable): They said, wow, the big hill is a problem.
[0:05:38] Trustee Graham (probable): The minister of transport says it's too narrow
[0:05:41] Trustee Graham (probable): to actually add a trail at the time.
[0:05:44] Trustee Graham (probable): So I have no idea, nor does the regional district,
[0:05:47] Trustee Graham (probable): probably nor does the minister of transport,
[0:05:49] Trustee Graham (probable): for how we're going to accomplish making that section of our trail safe for pedestrians,
[0:05:53] Trustee Graham (probable): bicycles, and baby carriages, etc. And that concludes my report. Thank you.
[0:05:57] Voice 3: Thank you.
[0:05:58] Trustee Borthwick (probable): Obviously, I was also at the Committee of the Whole and yeah, looking forward to sort
[0:06:06] Trustee Borthwick (probable): of getting to grips with the policy statement. It's been a bit of a weird cloud for me because
[0:06:14] Trustee Borthwick (probable): I knew that the old policy statement was going out. So I was like, I mean, I read it, but
[0:06:19] Trustee Borthwick (probable): but I didn't go into like depth with it because I knew it was all about to
[0:06:22] Trustee Borthwick (probable): change. And so I've been sort of waiting because we weren't,
[0:06:24] Trustee Borthwick (probable): we didn't see the draft quality statement until not too long ago.
[0:06:29] Trustee Borthwick (probable): It's been one of those things where it's, you know,
[0:06:30] Trustee Borthwick (probable): I know it's a very important,
[0:06:31] Trustee Borthwick (probable): but I haven't been able to actually get my teeth into it.
[0:06:34] Trustee Borthwick (probable): So it was really good to finally get to start to see that stuff. And yeah,
[0:06:38] Trustee Borthwick (probable): I'm looking forward to sort of getting into that process. And yeah, the,
[0:06:43] Trustee Borthwick (probable): the protocol meeting with CBRD yesterday was very good. It's was,
[0:06:48] Trustee Borthwick (probable): I was surprised. I thought I was going to be the only person who was in person because I happened to be in town anyways.
[0:06:52] Trustee Borthwick (probable): And then it was almost everybody in person. I think Alex Allen from Hornby was the only one of the trustees who wasn't there, which was nice.
[0:06:59] Trustee Borthwick (probable): It's nice to all be in the same room. In addition, the previous week, we had a meeting with the Comox First Nation Chiefing Council, which was really, really great.
[0:07:14] Trustee Borthwick (probable): It was really good to finally get to have that meeting, it was really good to put faces
[0:07:20] Trustee Borthwick (probable): to names in the flesh and have some discussions about what's happening and what's going on
[0:07:29] Trustee Borthwick (probable): and how we want to do things.
[0:07:34] Trustee Borthwick (probable): Unfortunately, David Graham was not well and Chairman was chairing another meeting, so
[0:07:39] Trustee Borthwick (probable): was the only genman trustee who was able to be there but um it was really good um and and the
[0:07:45] Trustee Borthwick (probable): the whole of the hornby ltc were able to be there happily so yeah
[0:07:49] Manager of Bylaw Compliance and Enforcement: we had a
[0:07:49] Trustee Borthwick (probable): really good discussion
[0:07:50] Trustee Borthwick (probable): director freighter was there joe elliott was there um from from the trust and yeah that was
[0:07:55] Trustee Borthwick (probable): really good and i'm looking forward to having more dialogue with them as we sort of move into
[0:08:01] Trustee Borthwick (probable): what's coming next most excellent thank you well
[0:08:05] Voice 3: you guys stole my good stuff so um i get but i
[0:08:08] Voice 3: guess the the first thing is it's appropriate for for myself is is tomorrow actually is the
[0:08:14] Voice 3: 50th anniversary of violence trust um so 50 years on we have survived and hopefully some
[0:08:23] Voice 3: would think we've prospered as an organization we have some cake at the back at an appropriate time
[0:08:29] Voice 3: to to share with with everybody um so the i think the the main things coming forward is we have the
[0:08:38] Voice 3: local um we have trust council um on salt spring coming up in two weeks which are three very very
[0:08:46] Voice 3: full days you'll be happy to know of agenda stuff there um one of the the good things which
[0:08:53] Voice 3: hopefully people will be able to tune in for um is we're having a presentation um by um transfer
[0:09:00] Voice 3: canada's coast guard about abandoned boats and such um a gentleman made a presentation recently
[0:09:08] Voice 3: at a meeting that we were at this is like you know this needs to be a trust council so because he's
[0:09:13] Voice 3: very very knowledgeable and uh i think for trustees it's probably going to be the highlight
[0:09:18] Voice 3: of the meeting besides the 50th but uh um the other thing i guess is that the whole thing with
[0:09:27] Voice 3: the policy statement is it now has been rolled out i know that many members of the public as trustees
[0:09:34] Voice 3: were looking forward to seeing the draft um it's what i was pleased from my own personal
[0:09:41] Voice 3: perspective is main island we had two fairly substantial public meetings about the previous
[0:09:46] Voice 3: draft policy statement and we had i believe 16 recommendations that came out of the community
[0:09:54] Voice 3: that once went forward and I was very pleased to note that every one of those
[0:09:59] Voice 3: 16 recommendations were adopted into the new policy statement so when people say
[0:10:06] Voice 3: well they don't listen and and you know is why am I making an effort to attend
[0:10:11] Voice 3: these meetings and all that I can say from a personal perspective I was very
[0:10:16] Voice 3: pleased to see that all of us the stuff that came up my particular land was
[0:10:21] Voice 3: was incorporated. So the new document, it's, I think, a substantial move forward in the
[0:10:31] Voice 3: goal of getting an adopted new policy statement. I'm optimistic that we're going to be able
[0:10:37] Voice 3: to reach a conclusion within a reasonable period of time, but there's still, there's
[0:10:41] Voice 3: a lot to wade through and there are many, many meetings ahead, but we're doing the business
[0:10:49] Voice 3: of the trust and and it's it's good stuff so I'll leave it at that thank you
[0:10:55] Voice 3: very much I don't I don't believe that Daniel I was going to be able to attend
[0:11:01] Voice 3: today
[0:11:01] Trustee Graham (probable): yes
[0:11:05] Voice 3: our CRD director he said yesterday he had a conflict he thought
[0:11:09] Voice 3: he might be able to dial in but it doesn't look like he made it so well we
[0:11:13] Voice 3: We don't have enough for director support.
[0:11:15] Voice 3: So we have town hall.
[0:11:20] Voice 3: I think you know the rules, but if you want to speak,
[0:11:23] Voice 3: raise your hand and we'll give you all the time you need to.
[0:11:27] Voice 3: I
[0:11:28] Voice 10: don't see you have anything to say,
[0:11:31] Voice 10: but I'll put something else here right now.
[0:11:37] Voice 10: Is that I heard the grapevine of my fellow denizens
[0:11:43] Voice 10: that when I'm here today,
[0:11:45] Voice 10: I wanted to address the directors and all the staff.
[0:11:55] Voice 10: So I heard around two, something that happened last week, that directors aren't allowed to
[0:12:03] Voice 10: say anything negative about the island's trust overall or their personal experiences and
[0:12:10] Voice 10: that kind of thing.
[0:12:11] Voice 10: But I kind of thought that was assumed or something, but then I actually saw that it's
[0:12:17] Voice 10: not.
[0:12:18] Voice 10: It's a policy.
[0:12:21] Voice 10: And it reminds me of political parties that have whip to make sure everybody toes the
[0:12:30] Voice 10: party line and doesn't say anything about the party.
[0:12:34] Voice 10: I didn't learn that until about 2015 and I was kind of sweatshopped that Green Party
[0:12:40] Voice 10: doesn't have it.
[0:12:40] Voice 10: But that's how I found out about being involved with it.
[0:12:44] Voice 10: And it looks like that's what we have here.
[0:12:46] Voice 10: or a political party that it's a political level a governmental level so not really a good question
[0:12:56] Voice 10: it's just like and that you don't have to tell the total no
[0:13:05] Voice 3: i i think in in fairness
[0:13:08] Voice 3: probably speaking about the the new draft code of conduct which is only a draft not adopted
[0:13:16] Voice 3: um i think if you went to any trust council meeting you you would see that not all trustees
[0:13:21] Voice 3: trustees who are towing the corporate line. And certainly, have you ever been told as
[0:13:27] Voice 3: trustees that you can or cannot say anything? We're free. This is a free society. But I
[0:13:34] Voice 3: think that perhaps part of it is, you know, when an organization makes a decision, typically
[0:13:41] Voice 3: speaking, the expectation is that those members then carry that decision forward, because
[0:13:46] Voice 3: because that becomes the decision of the organization.
[0:13:48] Voice 3: But as individuals, we are not tied one way or the other.
[0:13:53] Voice 10: What else was said in that?
[0:13:55] Trustee Borthwick (probable): So I think I saw that this is a discussion
[0:13:58] Trustee Borthwick (probable): that was had on Facebook.
[0:14:00] Voice 11: Yeah. Yeah.
[0:14:01] Trustee Borthwick (probable): So what they were referring to there
[0:14:04] Trustee Borthwick (probable): is the draft code of conduct,
[0:14:06] Trustee Borthwick (probable): strapped, stopped and adopted.
[0:14:08] Trustee Borthwick (probable): That's just words that's out there to be workshopped.
[0:14:13] Trustee Borthwick (probable): When I was, and I didn't wade into it there,
[0:14:15] Trustee Borthwick (probable): I'm barely on Facebook, apart from the administrative stuff for the
[0:14:18] Trustee Borthwick (probable): bus, but I noted there that
[0:14:22] Trustee Borthwick (probable): it was provided without that bit of context, that this is a draft and not something that's
[0:14:26] Trustee Borthwick (probable): already in place,
[0:14:26] Manager of Bylaw Compliance and Enforcement: which I think
[0:14:27] Trustee Borthwick (probable): was not, and I don't think that was deliberately misleading,
[0:14:29] Trustee Borthwick (probable): I think it's just the way that it came out, that's fine.
[0:14:33] Trustee Borthwick (probable): The interest, the reason, so there's, in Robert's Rules, is where that part about once a motion
[0:14:43] Trustee Borthwick (probable): motion has been adopted once a motion has been made by a governing body that um that whether
[0:14:50] Trustee Borthwick (probable): whether you voted against it or voted for it you represent that as this was the this was the motion
[0:14:56] Trustee Borthwick (probable): carried forward by the body uh in terms of like speaking about specific individuals or or or the
[0:15:02] Trustee Borthwick (probable): nature of the body as a whole i don't think that we're bound to say that we think that that the
[0:15:06] Trustee Borthwick (probable): island's trust is is a shining paradigm of everything wonderful and great i don't think
[0:15:11] Trustee Borthwick (probable): that's the intent um and the there's there are specific protections that are in there for to stop
[0:15:18] Trustee Borthwick (probable): uh stop trustees from uh targeting or calling out uh individual staff which is just kind of
[0:15:26] Trustee Borthwick (probable): workplace decency stuff uh
[0:15:28] Voice 10: and and yeah yeah
[0:15:30] Trustee Borthwick (probable): and it's not appropriate like it's that's just
[0:15:35] Trustee Borthwick (probable): not an appropriate behavior so but it's not it's not intended to muzzle us that's not the intent
[0:15:39] Trustee Borthwick (probable): at all and I totally saw where that discussion was going and I like I can I can see and I totally
[0:15:45] Trustee Borthwick (probable): would share those concerns absolutely I want and need to be able to speak freely if I'm a member
[0:15:53] Trustee Borthwick (probable): of this community I have that right as does everyone else the the important thing in all
[0:15:58] Trustee Borthwick (probable): of these discussions around you know freedom freedom of expression is that we have freedom
[0:16:03] Trustee Borthwick (probable): of expression and there's not freedom of from consequences and uh the consequences sometimes
[0:16:09] Trustee Borthwick (probable): of speaking ill of specific individual or or a body can be really bad for that person who is
[0:16:14] Trustee Borthwick (probable): usually just doing their job that's that's the intent it's intended to protect you know those
[0:16:20] Trustee Borthwick (probable): people's well-being
[0:16:20] Voice 10: yeah
[0:16:23] Trustee Borthwick (probable): and i don't think we're bound to say that it's perfect no but i think a
[0:16:26] Voice 3: good example is that say if there was a bylaw going forward today and i was absolutely opposed
[0:16:32] Voice 3: to it, and your two trustees were in favor of it, I have to
[0:16:36] Voice 3: carry that pilot forward to executive. And I am
[0:16:40] Voice 3: ethically bound to represent what the decision of the
[0:16:44] Voice 3: trust committee. So I wouldn't go to the executive and say, well, they voted for it, but
[0:16:48] Voice 3: I don't support it. I would be going forward for executive saying
[0:16:52] Voice 3: Dem and local trust committee has voted for this, and I would speak for
[0:16:56] Voice 3: even though I was against it. Once the body's made the decision,
[0:17:00] Voice 3: we like we carry it forward as a body so we that's it that's the protocol thing
[0:17:07] Voice 3: that's to the expectations because it would be disingenuous basically not to
[0:17:12] Voice 3: carry that forward so we have our racial planning manager it's gonna like tie
[0:17:16] Voice 3: this all into a beautiful bow
[0:17:30] Voice 10: and this is found on the island's trust website as well 2.1.2 standards of conduct which capture
[0:17:38] Voice 10: what the trustees and the chair have talked about and there's also a policy called 2.1.1
[0:17:46] Voice 10: statutory rules of conduct that's about the legal legislative side that the island's trust
[0:17:53] Voice 10: to act as an organization needs to keep in mind in terms of compliance and ethical conduct
[0:18:00] Voice 10: 2.1.2 standards of conduct is for trustees um and their duties in the office the almost
[0:18:08] Voice 10: transformation so that's the one that's the so those existing qualities are all the same
[0:18:16] Voice 10: yeah just my thoughts um i think that uh it makes the populace who really don't understand what's
[0:18:26] Voice 10: going on here wonder what what's a big secret you know what i mean what can't what can't be said
[0:18:36] Voice 10: about the scenario not the people the body that's you know a lot of people are just
[0:18:45] Voice 10: beyond that yeah
[0:18:48] Trustee Borthwick (probable): i don't i don't think that there's a big secret no
[0:18:53] Voice 10: no yeah no but i i
[0:18:56] Trustee Borthwick (probable): I totally get that 100%.
[0:18:57] Voice 10: Totally.
[0:18:59] Trustee Borthwick (probable): I get the impression, and I sympathize because I feel
[0:19:04] Trustee Borthwick (probable): similarly. But I think
[0:19:06] Voice 10: there's so much influence over everything that there should be always
[0:19:13] Voice 10: showed part of it, including with the staff who runs it. So
[0:19:21] Voice 3: maybe a topic for your newspaper
[0:19:25] Voice 3: people articles yeah
[0:19:26] Trustee Borthwick (probable): well and again like and as i i you know i want to stress always like if there
[0:19:31] Trustee Borthwick (probable): are concerns about anything like i'm around and i'm happy
[0:19:35] Trustee Borthwick (probable): to talk about stuff too like you know
[0:19:37] Trustee Borthwick (probable): if there is confusion or if there's if there's concern i'm i'm uh i'm a pretty open book right
[0:19:42] Voice 10: and i'm
[0:19:43] Voice 10: just talking the other day and
[0:19:45] Voice 10: that's another kind of personal guy as long as you
[0:19:47] Voice 10: talk to you guys well but
[0:19:52] Trustee Borthwick (probable): that's our role too is our we're we're we're the we're the public
[0:19:55] Trustee Borthwick (probable): interface you know and we're the community because we live here too yeah you know so we know what's
[0:20:00] Trustee Borthwick (probable): kind of going on
[0:20:01] Voice 3: they are not nice thank you all right i'm
[0:20:07] Trustee Graham (probable): just going to have one more general
[0:20:09] Trustee Graham (probable): comment that and I know a lot of our residents that they they like that
[0:20:13] Trustee Graham (probable): Edmund Facebook page and and I look at it too I find it interesting but then
[0:20:18] Trustee Graham (probable): every now and then someone will say something and and I know it's not true
[0:20:22] Trustee Graham (probable): in fact last week somebody said that the trustees are going to get a pension
[0:20:26] Trustee Graham (probable): after one term and I smiled I thought great knowing full well we are not
[0:20:32] Trustee Graham (probable): getting a pension after one term
[0:20:34] Manager of Bylaw Compliance and Enforcement: we don't get a
[0:20:35] Trustee Graham (probable): pension period but because
[0:20:37] Trustee Graham (probable): Because someone said that.
[0:20:38] Trustee Graham (probable): Then I start following the thread of all the people.
[0:20:41] Trustee Graham (probable): And of course, it's, how dare they?
[0:20:44] Trustee Graham (probable): Oh, that's just terrible.
[0:20:45] Trustee Graham (probable): Blah, blah, blah, blah, blah, blah, blah.
[0:20:47] Trustee Graham (probable): But nobody actually posed the question, is this real?
[0:20:50] Voice 9: Yes.
[0:20:51] Voice 9: But someone did.
[0:20:52] Voice 9: Well, eventually.
[0:20:54] Trustee Graham (probable): Yes.
[0:20:55] Voice 9: How many
[0:20:56] Trustee Graham (probable): people didn't get to that post, but now they're living with the reality, their reality, that we're about to get this massive pension, and they're really mad at us.
[0:21:07] Trustee Graham (probable): and I just think you know Facebook has its place but being able to talk to your
[0:21:12] Trustee Graham (probable): own trustee and ask those questions it's a lot more valuable yeah yeah
[0:21:17] Trustee Graham (probable): anyway I
[0:21:19] Trustee Graham (probable): just thought that was an interesting example of how Facebook could not be
[0:21:23] Trustee Graham (probable): used particularly well by no i couldn't help yeah i
[0:21:29] Voice 10: do for myself it's a way that word one
[0:21:33] it's not just us right
[0:21:36] Voice 10: it feels these same things so and uh truthfully i can't read all my stuff
[0:21:44] Voice 10: I'm retired now, so I'm kick-ass.
[0:21:50] Voice 3: Thank you very much.
[0:21:53] Voice 3: Anybody else for Town Hall?
[0:21:56] Voice 3: If not, we'll move on.
[0:21:58] Voice 3: We had a
[0:21:59] Trustee Graham (probable): bunch of people arrive, and I'd love to know who they are.
[0:22:01] Voice 3: Okay, well, welcome.
[0:22:04] Voice 3: Our guests.
[0:22:06] Voice 3: Thanks for coming.
[0:22:06] Voice 3: Yeah, so it's Comox
[0:22:10] Voice 3: Forest Nation, so we thank you for attending.
[0:22:13] Voice 3: Yeah.
[0:22:14] Voice 3: All right.
[0:22:15] Voice 3: So we have local trust committee special minutes, so they're dated February 20th for adoption.
[0:22:20] Voice 3: Does anybody have any comments or concerns?
[0:22:24] Voice 3: The
[0:22:24] Trustee Graham (probable): only one I saw is on page nine, and it's at the top of page nine, and that's
[0:22:32] Trustee Graham (probable): the page nine of our agenda, and it's labeled Staff Work Team, and it says, Revise OCP and
[0:22:40] Trustee Graham (probable): LUB, that's the official committee plan and land use by-law formats to support readability and the
[0:22:46] Trustee Graham (probable): comment is no need to just consider it at this time but I recall the conversation with Narissa
[0:22:51] Trustee Graham (probable): saying oh we got to make the land use by-law way more readable and and we should do that right away
[0:22:57] Trustee Graham (probable): so I was just curious to know why this ended up being recorded the way it's reported I thought it
[0:23:06] Trustee Graham (probable): was a done deal that we were going to with our housing regulation and policy amendment rejig the
[0:23:12] Trustee Graham (probable): land use pilot so that people can read it and understand it and i thought yeah good idea
[0:23:18] Voice 8: i'm under that impression as well so perhaps this is a typo okay thank you great
[0:23:25] Voice 3: okay so otherwise
[0:23:28] Voice 3: by consent we can adopt those and and and we'll just follow up on that one issue to make sure
[0:23:36] Voice 3: all right so we have local trust committee minutes dated april 9th 2024 for adoptions
[0:23:42] Voice 3: and they're they're good for so by consent we will adopt those uh we have local trust committee
[0:23:47] Voice 3: special meeting minutes dated may 7th for adoption i'm assuming that they're all right so by consent
[0:23:55] Voice 3: we will adopt those we don't have resolution without meetings report we do not have advisory
[0:24:00] Voice 3: planning commission minutes so we have um this is arising from the minutes with the follow-up action
[0:24:09] Voice 3: list. So anything to be highlighted by trustees or staff on that?
[0:24:18] Trustee Graham (probable): Page 25, which
[0:24:21] Trustee Graham (probable): has the report from February 13th, which talks about the suitable land analysis, if I got
[0:24:31] Trustee Graham (probable): the right page 25. There it is. Complete suitable land analysis draft, schedule
[0:24:39] Trustee Graham (probable): meeting with trustees and then the status is completed I don't remember
[0:24:43] Trustee Graham (probable): seeing the suitable land analysis as it exists so I don't think it's completed
[0:24:50] Trustee Graham (probable): because unless I missed it through
[0:24:54] Voice 8: the chair that is correct and I think it
[0:24:58] Voice 8: might have just gotten it so the draft housing action plan yep was what was
[0:25:02] Voice 8: discussed on the 27th yeah that was
[0:25:04] Voice 8: completed and so i'll just swap those two great
[0:25:07] Trustee Graham (probable): okay thank you
[0:25:08] Trustee Graham (probable): perfect otherwise i'm worried that i'm missing something
[0:25:12] Trustee Graham (probable): that's really important and i didn't
[0:25:15] Trustee Graham (probable): i didn't see it okay
[0:25:18] Voice 3: so anything else um on the action list all right
[0:25:26] Voice 3: so now um we're going to go into our first in-camera component so it's going to be
[0:25:33] Voice 3: approximately 30 minutes so um we have a motion here if you would like to read that out
[0:25:45] Trustee Borthwick (probable): um i move that the meeting be closed to the public importance with the community charter part four
[0:25:50] Trustee Borthwick (probable): division three section 90 brackets two brackets k for the purpose of considering uh negotiations
[0:25:58] Trustee Borthwick (probable): and related discussions respecting the proposed provision of a municipal service that are their
[0:26:03] Trustee Borthwick (probable): preliminary stages and that in the view of the council could reasonably be expected to harm the
[0:26:07] Trustee Borthwick (probable): interests of the municipality if they were held in public and the recorder and staff attend the
[0:26:12] Trustee Borthwick (probable): meeting and
[0:26:12] Voice 3: representatives come
[0:26:14] Trustee Borthwick (probable): on first nation yeah
[0:26:15] Voice 3: all right so secondary second call the
[0:26:19] Voice 3: question all in favor that carries so we're just we'll ask the two in the back if you could we'll
[0:26:28] Voice 3: be part right
[0:26:29] Voice 3: we'll be back after these
[0:26:30] Trustee Borthwick (probable): messages so
[0:26:33] Voice 3: we'll be approximately 30 minutes in camera
[0:26:35] Voice 3: session um we've we've done a slight um change in the order um so we're um dealing right now
[0:26:45] Voice 3: with the application to amend the ocp and luv comas ranch land use contract termination
[0:26:52] Voice 3: um so who wants to be the staff member that guides us through the process go ahead
[0:27:01] Voice 8: Have 1 minute and I'll bring the presentation up.
[0:27:05] Voice 3: Excellent. Thank you.
[0:27:15] Voice 3: Yes,
[0:27:23] Voice 8: Lisa, can you just confirm that you can see the presentation screen?
[0:27:29] Voice 7: Sure, I confirm I can see the presentation stuff.
[0:27:59] Voice 10: This application proposes to increase the number of single-family dwellings permitted
[0:28:06] Voice 10: in the Western parcel from 6 to 17 units and to decrease the number of dwellings permitted
[0:28:12] Voice 10: out a portion of the northern parcel from five to three units it also proposes to permit each
[0:28:18] Voice 10: of these single-family buildings to have one accessory less growing no larger than 400 square
[0:28:24] Voice 10: feet in addition the application proposes to redesignate and rezone a portion of the northern
[0:28:31] Voice 10: and eastern parcels from rural to conservation and recreation ocp land use designation and
[0:28:39] Voice 10: and conservation zoning.
[0:28:41] Voice 10: Staff recommends the LTC request the additional information
[0:28:45] Voice 10: that's specified in Adam's Trust Policy Statement
[0:28:47] Voice 10: and Official Community Plan policies,
[0:28:49] Voice 10: and also recommends that draft by-law amendments
[0:28:52] Voice 10: be prepared for LTC consideration.
[0:28:56] Voice 10: Colmage's branch is divided into 20 shares,
[0:28:59] Voice 10: and that's 20 or more owners on property title.
[0:29:02] Voice 10: The land use contract permits a total
[0:29:04] Voice 10: of 20 single-family dwelling units
[0:29:06] Voice 10: and one accessory guest dwelling
[0:29:08] Voice 10: dwelling for each single-family dwelling, plus any accessory buildings and structures.
[0:29:15] For a bit of background, land use contracts were used for a very short period in BCC's
[0:29:22] Voice 10: history, only from about 1971 to 1978.
[0:29:26] Voice 10: They are contractual arrangements between local governments and landowners that allow
[0:29:30] Voice 10: for more flexibility as traditional bylaws have been.
[0:29:34] Voice 10: In 2014, the Provincial Government enacted legislation that would terminate all LUCs
[0:29:40] in the province, automatically as of June 30th, 2024.
[0:29:45] Voice 10: Once the LUC is terminated, the underlying zoning for the parcels will apply.
[0:29:51] Voice 10: So after June 30th, 2024, any buildings and structures that were lawfully used under the
[0:29:57] Voice 10: LUC and are not permitted by the Provincial Government will be terminated.
[0:30:00] Voice 10: current zoning may continue to be used as the non-conformative use under part 14 division 14
[0:30:06] Voice 10: of the local government act the rationale for this application is that the owners would like
[0:30:13] Voice 10: to be able to continue their residential use and density on each of the parcels as permitted by the
[0:30:19] Voice 10: luc they are proactively applying for and also beginning to address the discrepancies between
[0:30:25] Voice 10: between the land use contract and the underlying file laws before the LTC is terminated,
[0:30:31] Voice 10: applying well before the June 30th deadline, and this is the preferred approach.
[0:30:38] Voice 10: This is an opportunity to update what might be considered outdated zoning for the LTC,
[0:30:43] Voice 10: and also an opportunity for the LTC to identify and implement additional planning tools
[0:30:50] Voice 10: to better protect the existing sensitive environments and cultural heritage sites on each of the parcels.
[0:30:54] Voice 10: So based on the preliminary OCP and Island Trust Policy Statement review of the application,
[0:31:03] Voice 10: staff have identified a number of key issues and opportunities and suggested specific recommendations
[0:31:08] Voice 10: to the LTC to address any gaps in information and address each of these issues.
[0:31:15] Voice 10: Staff are recommending that the LTC request staff prepare draft bylaws to amend the Ladies'
[0:31:21] Voice 10: bylaw and a particular plan in order to receive the application specifically this means drafting
[0:31:28] Voice 10: site-specific rural residential zones in the land use bylaw to permit the existing residential
[0:31:33] Voice 10: density on each of the subject properties up to a maximum of 21 single family dwellings and 20
[0:31:40] Voice 10: accessory guest dwellings this also means staff recommend the draft bylaws should include
[0:31:45] Voice 10: the designation of a part of the northern parcel and eastern parcels from rural to conservation
[0:31:51] Voice 10: and also rural residential to conservation zoning these areas of the loss on the northern and
[0:31:59] Voice 10: eastern parcels are currently undeveloped and have been historically conserved through the existing
[0:32:04] Voice 10: preventions in the land use contract that's why staff are recommending the led address to reflect
[0:32:11] Voice 10: reflect this conservation and sensitive environment protection going forward.
[0:32:17] Voice 10: Staff are also recommending that the applicant confirm whether or not they will pursue a
[0:32:23] Voice 10: natural area protection tax exemption program through the Islands Trust Conservancy.
[0:32:28] Voice 10: This would be a covenant to protect the same environmentally sensitive portion of just
[0:32:33] Voice 10: the northern parcel, which has a large older forest sensitive ecosystem throughout most
[0:32:39] Voice 10: of it.
[0:32:39] Voice 10: Staff are also recommending that the Denman LTC request the applicant to submit some additional
[0:32:51] Voice 10: information about water and sewage disposal, water management on the residential parcels
[0:32:57] Voice 10: as their initial application has information, so it's difficult for staff to determine if
[0:33:04] Voice 10: they're actually in compliance with water and waste management policies, but it's a
[0:33:09] Voice 10: standard procedure for rezoning applications.
[0:33:11] Voice 10: Due to the MAPS sensitive shoreline ecosystem along most of the Comox Ranch properties,
[0:33:20] Voice 10: as you can see in this slide, staff recommend as well that the Denman-Iron River Trust Committee
[0:33:26] Voice 10: request staff to report back on the options and implications of establishing a shoreline
[0:33:31] Voice 10: protection development permit area for all three subject properties.
[0:33:35] Voice 10: The OCP and zoning application process provide an opportunity for Comox jurisdiction consideration
[0:33:46] Voice 10: as well. Early consultation is already underway with Comox, including a site visit with Highlands
[0:33:53] Voice 10: Trust staff, the applicant, some owners and Comox staff members in March of 2024. Comox
[0:34:00] Voice 10: has identified their strong interest in this application and their desire to continue to
[0:34:04] Voice 10: be consulted at this early stage. A post-impact preliminary field reconnaissance, or PFR,
[0:34:12] Voice 10: are is recommended and included consultation with the nation to determine the extent of cultural
[0:34:17] Voice 10: heritage on the subject properties the tools available to the ltc for first nations cultural
[0:34:24] Voice 10: heritage protection on private land in addition to the heritage conservation act are detailed
[0:34:32] Voice 10: generally in attachment to the staff report on page eight and they include
[0:34:38] Voice 10: include heritage conservation areas, section 219 covenants,
[0:34:43] Voice 10: and possibly section 218 statutory rights of way.
[0:34:48] Voice 10: It's important to note that it's at this rezoning stage
[0:34:52] Voice 10: that the LTC has some of the greatest discretion
[0:34:54] Voice 10: to require protections through all of these tools.
[0:34:58] Voice 10: And the LTC has asked the direct staff
[0:35:00] Voice 10: to provide more information on all of these options
[0:35:05] Voice 10: before deciding which options to pursue.
[0:35:07] Voice 10: and that is built in as a recommendation as well
[0:35:10] Voice 11: there's
[0:35:11] Voice 10: also an identified informal private
[0:35:14] Voice 10: pedestrian trail providing access to long beaten plates from the northern parcel
[0:35:19] Voice 10: which staff recommend discussing further with the applicant on the comblox first nation
[0:35:24] Voice 10: to explore whether a formalized trail is something that's preferred and something that could be
[0:35:30] Voice 10: confirmed or formalized through this application process as well
[0:35:34] Voice 10: as well. Early referrals are recommended to all of the following groups as well. I'll
[0:35:45] Voice 10: note the BC Archaeology Branch, the Advisory Planning Commission, Islands Trust Conservancy
[0:35:50] Voice 10: regarding the NAPTEP and the Senior Intergovernmental Policy Advisor. In summary, staff recommends
[0:36:04] Voice 10: the LTC request additional information as specified in the applicable policies and also
[0:36:09] Voice 10: recommends that draft file amendments be in consideration. Staff also recommends that early
[0:36:15] Voice 10: engagement with the Clomox First Nation continue and that early withdrawal of the preliminary staff
[0:36:19] Voice 10: report is sent to other First Nations as outlined in the recommendation. Staff starts lending a
[0:36:27] Voice 10: number of key information and consultation pieces generally to support advancement of the application
[0:36:32] Voice 10: and to inform the development and timing of draft bylaws. Thank you so much for your time and
[0:36:39] Voice 10: and consideration we look forward to any questions you might have and i will note that the applicant
[0:36:45] Voice 10: john andrew and one of the owners chris wright are also present electronically to speak to this
[0:36:52] Voice 10: application thank
[0:36:54] Voice 3: you very much so trustees questions of the applicant or of planners
[0:37:00] Voice 3: just
[0:37:01] Trustee Graham (probable): a couple of questions on your report um marco and your recommendations number five i was
[0:37:08] Trustee Graham (probable): curious to know what the difference between those sewerage distribution
[0:37:12] Trustee Graham (probable): filing and a sewerage plan I didn't really know what the difference between
[0:37:18] Trustee Graham (probable): those two things were and I was curious so I'm asking you that's your
[0:37:23] Trustee Graham (probable): recommendation
[0:37:48] Voice 10: system. And then a comprehensive
[0:37:52] Voice 10: sewage disposal plan would be understanding
[0:37:55] Voice 10: how many buildings are served by any sewage system. It's more of a
[0:38:04] Voice 10: high level view for each building site. How many septic fields
[0:38:09] Voice 10: there are, what buildings are serviced, if that building has
[0:38:13] Voice 10: residential use or not, etc. So the actual filings
[0:38:17] Voice 10: are that Island Health issued filing.
[0:38:20] Voice 9: is
[0:38:21] Trustee Graham (probable): that likely to have happened in 1970 on
[0:38:25] Voice 9: number
[0:38:36] Trustee Graham (probable): six number seven shoreline
[0:38:44] Trustee Graham (probable): protection I love the idea of shoreline protection I'm just curious to know how
[0:38:47] Trustee Graham (probable): that would oh sorry how that would be well there's that whole area is heavily
[0:38:56] Trustee Graham (probable): used for aquaculture activities so I'm wondering how those two uses which are
[0:39:06] Trustee Graham (probable): incompatible in my mind would be viewed how would we how would we have a
[0:39:12] Trustee Graham (probable): shoreline protection DPA at the same time industrialization of the beach for
[0:39:18] Trustee Graham (probable): for aquaculture, back to you.
[0:39:22] Voice 10: That's something that I would definitely
[0:39:24] Voice 10: want to explore more, if you direct staff
[0:39:27] Voice 10: to look into that.
[0:39:30] Voice 10: My understanding is that the aquaculture leases
[0:39:33] Voice 10: are further out and foreshore shoreline.
[0:39:38] Voice 10: It would be an area closer to the natural boundary
[0:39:41] Voice 10: on either side of the natural boundary,
[0:39:43] Voice 10: protected under a development permit area
[0:39:45] for shoreline protection.
[0:39:47] Voice 10: it would go out so far as to place additional
[0:39:50] Voice 10: requirements on aquaculture lease activities, for example.
[0:39:56] Voice 10: And through the chair, through this motion,
[0:40:00] Voice 10: option of implications could play that example
[0:40:04] Voice 10: and anything else that came up
[0:40:06] Voice 10: for the office
[0:40:08] Voice 10: if this is an appropriate tool
[0:40:11] Trustee Graham (probable): to follow.
[0:40:13] Trustee Graham (probable): And you answered my follow-up question was,
[0:40:16] Trustee Graham (probable): does it start at the natural boundary of the sea or is there an overlap so you're
[0:40:21] Trustee Graham (probable): gonna you're gonna bring all that information back to us
[0:40:23] Voice 10: number nine you
[0:40:45] Trustee Graham (probable): talk about a public trail i'm does that start immediately north of lot number one at the moment
[0:40:55] Voice 10: because
[0:40:55] Trustee Graham (probable): i tried to look at the drawings it's really vague the original luc talks about this
[0:41:01] Trustee Graham (probable): trail which would start north of lot one but it doesn't actually say does it start immediately
[0:41:07] Trustee Graham (probable): at the edge of plot one or does it do you know
[0:41:10] Voice 10: how many legends contract provides information
[0:41:16] Voice 10: information on is is actually at the very south end of the western parcel and if you want to bring
[0:41:23] Voice 10: up the map but um
[0:41:24] Trustee Graham (probable): i missed that completely it's
[0:41:26] Voice 10: a public beach access along chronicle road
[0:41:29] Voice 10: that's the only um public access populated by the land use contract this this other um potential
[0:41:42] Voice 10: pedestrian trail um yeah i think staff want to know more about it it was
[0:41:49] Voice 10: mentioned during this
[0:41:50] Voice 10: site visit we didn't actually have time to walk it we really stuck to the shoreline
[0:41:56] Voice 10: that's what we can accomplish in the day but it was something that was mentioned
[0:42:00] Voice 10: and i flagged it as something to follow up on um to learn more about i don't actually know exactly
[0:42:07] Voice 10: where we go to town i'm not sure maybe i mean the applicants are are weird they know about that
[0:42:13] Voice 2: I can address that if you wish go forward please so I'm John Andrew owner
[0:42:22] Voice 2: and Comus ranch and Chris Wright is also here as indicated um there in the
[0:42:28] Voice 2: original land use contract there was no trail there is no public trail to Long
[0:42:35] Voice 2: Beach Point Long Beach Point was established and Comus ranch agreed in
[0:42:39] Voice 2: 1977 who allowed day use for the public and the idea of it was because there's an adjacent marine
[0:42:48] Voice 2: park and it's a very popular boating area so people could um access it from boats there's also
[0:42:56] Voice 2: a public access at morningside or morning beach park which is at the more or less at the southern
[0:43:04] Voice 2: end of Comus Ranch, at least it's parallel to it, and people can walk up the beach to Long Beach
[0:43:09] Voice 2: Point for daytime use, no overnight camping, no fires, and Comus Ranch is extremely concerned about
[0:43:17] Voice 2: fire issues. We almost had a forest fire last summer. We are afraid. So
[0:43:25] Voice 2: So originally in the LUC, there was no trail
[0:43:31] Voice 2: and any trail that is established
[0:43:35] Voice 2: would be right across our entire private property.
[0:43:40] Voice 2: So I hope that answers your question.
[0:43:42] Voice 2: If I may
[0:43:45] Voice 5: speak.
[0:43:46] Voice 5: Go ahead, Mr. Wright.
[0:43:49] Voice 3: Hello?
[0:43:50] Voice 3: Yeah, go ahead, Mr. Wright.
[0:43:53] Voice 5: Basically, access to Long Beach Point is very easy
[0:43:57] Voice 5: seen from uh either uh runco road or from morning beach park uh it's accessed by all kinds of people
[0:44:06] Voice 5: either on their boats or on foot and there's no reason for a public trail this is we do not
[0:44:13] Voice 5: have parkland we have three of our 190 acres 40 or 40 acres used for home sites and we agreed
[0:44:22] Voice 5: in an agree
[0:44:23] Voice 5: in a contract with strathcona regional district that 150 acres would be undisturbed for
[0:44:30] Voice 5: us we intend to continue to have that 150 acres stay as undisturbed for us but there's no reason
[0:44:39] Voice 5: this is not parkland this is private land and we have no intention of allowing a public trail
[0:44:47] Voice 5: all through our private land and if somebody wants to go to long beach point it's very easy
[0:44:52] Voice 5: on either side of uh the beach on the east side or the west side of of the point to get to long
[0:45:00] Voice 5: bay point and there's in fact a a public park with parking that allows people to park at morning
[0:45:07] Voice 5: beach and go down and along the beach to long beach okay
[0:45:14] Voice 3: thank you very much for that yes if i
[0:45:17] Trustee Graham (probable): make i i'm thank you for that i'm just looking at your uh land use contract page three of the
[0:45:23] Trustee Graham (probable): contract under the number four parkland and and section b it's a short paragraph i'll read it if
[0:45:31] Trustee Graham (probable): i may the untreated area of long beak point is shown in red on the plan attached in formal
[0:45:36] Trustee Graham (probable): schedule a shall remain unoccupied and the owners and company undertake to hold and maintain the
[0:45:42] Trustee Graham (probable): said untreated area of long beak park solely for the use benefit and enjoyment of the public right
[0:45:51] Trustee Graham (probable): right we
[0:45:51] Voice 5: agree with that
[0:45:52] Trustee Graham (probable): okay and
[0:45:54] Voice 5: that and that was part of a negotiation uh that we got the
[0:45:59] Voice 5: density that we got in exchange for giving public access to long big point and uh but we have no
[0:46:08] Voice 5: problem with anybody doing accessing Long Beach Point but what we do not want is people going
[0:46:15] Voice 5: through our private lands to get to Long Beach Point there's plenty of access to Long Beach Point
[0:46:21] Voice 5: along the beaches on either side thank
[0:46:25] Voice 3: you thank you
[0:46:27] Trustee Graham (probable): so that answers that question and I was curious
[0:46:33] Trustee Graham (probable): to know the applicant's interest in entering into a natural area protection tax exemption
[0:46:40] Trustee Graham (probable): plan the nap cap for for that area is that something that that your discussion with staff
[0:46:46] Trustee Graham (probable): or is this a new idea um
[0:46:48] Voice 2: could i address that certainly we only heard about this entire plan
[0:46:54] Voice 2: that has been put forward on last thursday so this meeting is a very short notice we have not
[0:47:03] Voice 2: had time to confer with the other owners of which there's 20 families and comprising 60 or 80 people
[0:47:10] Voice 2: we've not had time to confer with our lawyers um so i tried to look up on the islands trust
[0:47:19] Voice 2: website exactly what the um the protection tax exempt thing in in sales and it's not
[0:47:27] Voice 2: it's very vague so we need to get some specific answers for example does it continue in perpetuity
[0:47:35] Voice 2: we have no problems with covenants to protect that area much as a land use contract
[0:47:43] Voice 2: outlined it but i i'm not familiar enough with the proposed tax exemption thing to make a comment
[0:47:53] Voice 2: but um so but we are totally amenable to protecting as much land as possible for your
[0:48:02] Voice 2: your information we own another parcel of land that encompasses Danes Creek and it was bought
[0:48:08] Voice 2: by the owners about I think in the 1980s and the sole reason for purchasing it was to protect the
[0:48:16] Voice 2: watershed of Danes Creek again in perpetuity and that piece of parcel is not in the application
[0:48:24] Voice 2: for rezoning because it's just vacant forest land and will never be developed yeah
[0:48:30] Voice 5: let's be clear
[0:48:32] Voice 5: that in 1977 there were 190 acres that were owned in fee simple and in exchange
[0:48:41] Voice 5: for the density that was granted in 1977 the owners of really gave up 150 acres
[0:48:48] Voice 5: and agreed that that land would become undisturbed forest and we have stuck
[0:48:55] Voice 5: with that and we just wish that it remains that way but it is not a park it is undisturbed forest
[0:49:06] Voice 5: land but at no time uh would be interested except long big point in in having public access through
[0:49:16] Voice 5: our private lands no
[0:49:18] Trustee Graham (probable): i appreciate that and a further conversation between the applicant and
[0:49:22] Trustee Graham (probable): the trust area services who um or the conservation uh brand of the island's trust will give you some
[0:49:30] Trustee Graham (probable): more depth as to some of the advantages for you from a tax perspective and obviously the
[0:49:35] Trustee Graham (probable): advantages for the trust in in protecting uh undisturbed natural environment so you know
[0:49:41] Trustee Graham (probable): i was just curious to know where you are but i appreciate it's early days and you need more
[0:49:45] Trustee Graham (probable): information and that's perfectly fine but that's great and i don't think my only other question is
[0:49:52] Trustee Graham (probable): to staff. I don't know if we have a sitting APC at the moment. I don't think we do. I
[0:49:59] Trustee Graham (probable): think they may have
[0:50:00] Trustee Graham (probable): expired, but
[0:50:01] Manager of Bylaw Compliance and Enforcement: I could be
[0:50:01] Trustee Graham (probable): wrong. So that's a question, you know, you
[0:50:05] Trustee Graham (probable): suggest that we have an early referral to the APC. It's a great idea. We've had a tough
[0:50:10] Trustee Graham (probable): time populating APCs in the past, so we may not be able to comply to that one. We have
[0:50:17] Trustee Graham (probable): to discuss that yeah yeah
[0:50:19] Voice 9: i
[0:50:20] Trustee Graham (probable): know my question to uh marlis is to find out if we have a sitting apc
[0:50:25] Voice 8: yeah we'll find that out i
[0:50:26] Trustee Graham (probable): think because they haven't expired already i think it's in july
[0:50:29] Trustee Graham (probable): perhaps oh it's close okay yeah
[0:50:31] Trustee Graham (probable): and the only the final question is um the land use contract
[0:50:35] Trustee Graham (probable): allows 20 densities but but you've you've talked about 21. what's that extra one is that the one
[0:50:41] Trustee Graham (probable): on the alr and we've just recently uh changed our bylaws with 228 229 so that's potentially
[0:50:49] Trustee Graham (probable): two extra densities right okay okay thank you
[0:50:56] Voice 10: the portion of that is proposed to remain untouched
[0:51:07] Voice 10: no no proposed changes to zoning no proposed changes to the ocp land use designation
[0:51:14] nation that farm plan was
[0:51:19] Voice 10: just recently updated that parcel was included in that update i don't
[0:51:23] Voice 10: think that the consolidated bylaws have even been published on our website yet showing that
[0:51:27] Voice 9: i really had
[0:51:28] Voice 10: to find it from the very very recently adopted bylaws so that that particular
[0:51:34] Voice 10: part of the parcel will remain as is my understanding is that it's providing housing
[0:51:40] Voice 10: housing to an elder right now, and the applicants have indicated that they would not like to
[0:51:47] Voice 10: change anything about that lot.
[0:51:49] Voice 10: Okay.
[0:51:50] Voice 2: Thank you.
[0:51:51] Voice 2: No further questions.
[0:51:52] Voice 2: Do you want me to address that issue about what we call the farmhouse?
[0:51:57] Voice 3: Yes, go ahead, Mr. Andrew.
[0:51:59] Voice 2: Comus Ranch was originally an operating farm and ranch, and it dates back over 100 years.
[0:52:05] Voice 2: so there was always residences on it for farm owners and staff most of those residences
[0:52:14] Voice 2: have long gone but that is what is sort of the original farmhouse and it was built
[0:52:22] Voice 2: not a hundred years ago we think it was built in the 60s and it's remained it was a caretaker's
[0:52:29] Voice 2: cottage for a while and for the last many many years it has been rented out
[0:52:35] Voice 2: or basically low-cost housing and we continue to operate it is that we don't
[0:52:43] Voice 2: know increase in density just want to leave the way they are on that property
[0:52:49] Voice 2: I
[0:52:50] Voice 3: appreciate that thank you thank you very much all
[0:52:56] Voice 10: right
[0:53:04] Voice 3: so are there any
[0:53:05] Voice 3: further questions trustees yeah
[0:53:08] Voice 8: but
[0:53:20] Trustee Borthwick (probable): they wouldn't be an appropriate body for this
[0:53:22] Trustee Borthwick (probable): referral yeah okay thank you all
[0:53:27] Voice 3: right so page 63 we have a series of recommended motions well i was
[0:53:34] Trustee Borthwick (probable): going to say chair you can decide that do we i don't know if the applicant have anything they
[0:53:42] Trustee Borthwick (probable): want to say in addition i don't know i know we've had you specific you've been back on specific
[0:53:47] Trustee Borthwick (probable): questions but if there is there anything in particular uh that you guys want to add or
[0:53:52] Voice 5: Yes, there is one thing, and I think it goes back to the history in that this is being treated almost as a rezoning of the piece of land.
[0:54:06] Voice 5: This is not really what's happening here.
[0:54:09] Voice 5: This is a handover from one level of government, i.e. the Strathcona-Colmox Regional District, to the Islands Trust.
[0:54:19] Voice 5: And we seek neither more density nor less density.
[0:54:25] Voice 5: All that we are seeking is a continuation of the zoning that's been in place for us for the past 47 years.
[0:54:36] Voice 5: During that 47 years, we've been no burden on either Strathcona Regional District, Comox Regional District or the Islands Trust.
[0:54:45] Voice 5: But suddenly now, as we get passed from one level of government to the other, we're being asked to make additional concessions, concessions that exceed the concessions that were made by the original owners who owned it in fee simple when they transferred and got the right to build 20 acres, 20 residences.
[0:55:09] Voice 5: And in particular, we were asked to do a survey of all the lands.
[0:55:18] Voice 5: We weren't really sure why it was our obligation to do the survey, but we've done that.
[0:55:23] Voice 5: That cost us $40,000.
[0:55:25] Voice 5: And now, additionally, we're being asked to categorize our water and do that kind of work
[0:55:32] Voice 5: and do the sewer studies, the septic field studies.
[0:55:39] Voice 5: and um our feeling is that um what we have uh one would expect might be grandfathered as we
[0:55:49] Voice 5: go forward and anybody who who proposes to do any future work should prove up their water and prove
[0:55:56] Voice 5: up their sewage system but for us to have to do a study on all 20 properties for each of those things
[0:56:06] Voice 5: seems to us owners, and we're not really, yeah, that concerns us.
[0:56:14] Voice 5: We exist as we exist, and, you know, we are more than willing to confirm
[0:56:20] Voice 5: that each of the 20 homes has a septic field in place,
[0:56:25] Voice 5: a functioning septic field in place.
[0:56:31] Voice 5: Thank
[0:56:34] Voice 3: you very much.
[0:56:37] Voice 3: any other questions the
[0:56:40] Trustee Graham (probable): only comment we'll make is uh rezonings are the purview of the ministry
[0:56:43] Trustee Graham (probable): of transportation and and uh the island's trust is is beholden to follow the regulations of the
[0:56:49] Trustee Graham (probable): rezonings for every applicant so i can appreciate uh your perspective but we have to treat this
[0:56:56] Trustee Graham (probable): as a rezoning and i see the regional planning managers that i don't know
[0:57:08] Trustee Graham (probable): I thought rezonings were also no I'm correct I must trust as rezonings my mistake I stand corrected
[0:57:18] Trustee Graham (probable): so
[0:57:18] Voice 10: perhaps through the chair and since our family of jam rats meeting
[0:57:22] Voice 10: ministry of transportation approved subdivision
[0:57:25] Voice 11: and
[0:57:26] Voice 10: rezoning bylaws are the local trust committee
[0:57:30] Voice 10: thank you
[0:57:31] Voice 10: I stand
[0:57:47] Trustee Graham (probable): correct that's why I should stick to my job let you do your
[0:57:51] Trustee Graham (probable): job professionals versus political decisions all right
[0:57:59] Trustee Borthwick (probable): and I think I saw
[0:58:00] Trustee Borthwick (probable): mr. Andrews interested in speaking our Oh
[0:58:03] Voice 3: mr. Andrew you were interested
[0:58:05] Voice 3: and something else yeah
[0:58:07] Voice 2: there's one point i would like to raise and it's got to do with the local
[0:58:10] Voice 2: government act so the province in its wisdom um dealt with the expiry of the land use contracts
[0:58:17] Voice 2: in 2014 and they put in place legislation provincial legislation that said that the
[0:58:27] Voice 2: local government who would take over the administration of the land use contracts was
[0:58:33] Voice 2: was to put in place new rezoning or whatever it took
[0:58:38] Voice 2: by June of 2022.
[0:58:41] Voice 2: That was over two years ago.
[0:58:45] Voice 2: Also, the provincial legislation said
[0:58:47] Voice 2: we were to be notified in writing
[0:58:49] Voice 2: of the expiry of the land use contracts.
[0:58:55] Voice 2: Neither of those things happened.
[0:58:57] Voice 2: I found out about the land use contract expiry
[0:59:01] Voice 2: um anecdotally and had to follow up to find out what was going on no legislate the act is quite
[0:59:10] Voice 2: clear it said that the local government is to put in place the rezoning islands trust has put the
[0:59:18] Voice 2: onus on to us so so far we're into forty eight thousand dollars with an eight thousand dollar
[0:59:24] Voice 2: our application fee legal fees and survey and reading the act it's quite clear ions trust was
[0:59:34] Voice 2: supposed to do this not us and we've been cooperative and we've been conciliatory and we
[0:59:41] Voice 2: are not um but some of the things in the staff report could suggest hundreds of thousands of
[0:59:53] Voice 2: dollars of more expenses um and
[1:00:00] Voice 2: Anyhow, I would like to point that out, that Islands Trust is legally offside from the
[1:00:07] Voice 2: provincial legislation.
[1:00:12] Voice 3: Okay.
[1:00:12] Voice 3: Thank you.
[1:00:13] Voice 2: Yeah.
[1:00:14] Voice 2: I don't know what Islands Trust feel about it, but I brought it up with the local planner
[1:00:20] Voice 2: and it's never been addressed, but that is actually what the law says.
[1:00:30] Voice 3: Okay.
[1:00:31] Voice 3: Okay, so planning staff.
[1:00:34] There's
[1:00:45] Voice 10: no requirement to apply a confirmation to describe exactly what the language contract
[1:00:57] Voice 10: termination is.
[1:01:00] Voice 10: The Denman Local Trust Committee adopted zoning.
[1:01:03] Voice 10: Zoning has been in place for these lots since at least 2008, if not earlier.
[1:01:10] Voice 10: So it's not that there was no zoning, but the language in the Local Government Act about
[1:01:15] Voice 10: language contract termination is referring to the fact that there needs to be some zoning
[1:01:20] Voice 10: in place by the time of the end-use contract expiry, whether it's a voluntary expiry back
[1:01:26] Voice 10: in 2022 or automatic expiry termination in our understanding of legislation or grant?
[1:01:40] And
[1:01:43] Voice 10: that's the answer that I've also provided to John.
[1:01:46] Trustee Borthwick (probable): Okay, thank you.
[1:01:48] Trustee Borthwick (probable): I mean, yeah, it'd certainly be, I think it would be good for us to get some clarity as
[1:01:52] Trustee Borthwick (probable): to that that um june 2022 it precedes uh david and my uh times as trustees so i i can't speak
[1:02:02] Trustee Borthwick (probable): to that directly but i'm yeah i would certainly i think that would be really good to get some
[1:02:05] Trustee Borthwick (probable): clarity about um just just so that we know um and and yeah um i think certainly my my impression
[1:02:12] Trustee Borthwick (probable): from staff is that there's some there's there's appreciation in the proactive approach that that
[1:02:17] Trustee Borthwick (probable): comas ranch has taken to this this application and yeah i think we are uh also required to do
[1:02:26] Trustee Borthwick (probable): our diligence in terms of as we as we approve these decisions as these come these come to us
[1:02:31] Trustee Borthwick (probable): as an ltc we are required to to approach all of these decisions with our the highest level
[1:02:37] Trustee Borthwick (probable): of due diligence that that to which we're called to do um that is that is our duty as trustees um
[1:02:44] Trustee Borthwick (probable): yeah and
[1:02:46] Voice 3: i think to be clear is that the the reference uh motions um these are all requests
[1:02:52] Voice 3: these are not conclusions yeah so this this is trying to get the wheels in motion
[1:02:59] Trustee Borthwick (probable): and i think i maybe already actually know this but um obviously this the the line use contract
[1:03:07] Trustee Borthwick (probable): expires at the end of this month um we're not all of this work whatever whatever winds up coming
[1:03:15] Trustee Borthwick (probable): from these things obviously it's not going to happen before that expiry um so you will there
[1:03:20] Trustee Borthwick (probable): will be a a window of grandfathered space uh or not grandfathered but after the expiry the
[1:03:27] Trustee Borthwick (probable): zonings will the legal non-conforming is that kind of status
[1:03:31] Voice 9: non-conforming non-conforming
[1:03:33] Trustee Borthwick (probable): pardon me yeah okay all right so david asked all the questions that i had
[1:03:42] Trustee Borthwick (probable): I think so and
[1:03:44] Trustee Graham (probable): then so so just again just to reiterate so there there there is there was
[1:03:51] Trustee Graham (probable): zoning on the property and we wouldn't be having you wouldn't be having this conversation and we
[1:03:57] Trustee Graham (probable): wouldn't be involved with the rezoning if the number of lots if the number of residences
[1:04:03] Trustee Graham (probable): complied with the zoning that exists so what we're actually looking at is a is a special zone
[1:04:13] Trustee Graham (probable): zone to accommodate the fact that you've got 17 houses on a piece of property that is currently
[1:04:18] Trustee Graham (probable): zoned for?
[1:04:19] Trustee Graham (probable): Six.
[1:04:20] Trustee Graham (probable): Six.
[1:04:22] Trustee Graham (probable): Something like that.
[1:04:23] Voice 10: Correct.
[1:04:23] Voice 10: It's 20 building sites spread across two lots.
[1:04:29] Trustee Graham (probable): Two lots, correct.
[1:04:29] Voice 10: One lot permits five, another lot permits six.
[1:04:33] Trustee Graham (probable): Yeah.
[1:04:33] Trustee Graham (probable): So if
[1:04:33] Voice 10: the underlying zoning had reflected that density the same as the land use contract,
[1:04:39] then
[1:04:40] Voice 10: this wouldn't be necessary, but it would be done.
[1:04:43] Trustee Graham (probable): And I know that we often ask residents for their sewage plans and things like that.
[1:04:50] Trustee Graham (probable): Nowhere in the motion does it ask for that plan to be stamped by an engineer.
[1:04:57] Trustee Graham (probable): So I don't think you're looking at hundreds of thousands of dollars to get that information.
[1:05:01] Trustee Graham (probable): I would feel bad if that was the case.
[1:05:03] Trustee Graham (probable): No.
[1:05:05] Trustee Graham (probable): Anecdotally, just provide that information to the local trust committee, you know, so that we can see.
[1:05:11] Trustee Graham (probable): That's all.
[1:05:12] Voice 2: Mr. Andrew.
[1:05:13] Voice 2: Yes.
[1:05:14] Voice 2: No, we're totally happy to do that.
[1:05:17] Voice 2: As far as we know, though, the staff report suggests a number of sites, housing sites don't have septic fields.
[1:05:25] Voice 2: To our knowledge, everyone has a septic field and a septic tank.
[1:05:30] Voice 2: And they have for when you originally built a house, you had to get a permit from the B.C. Ministry of Health regarding your septic plants.
[1:05:40] Voice 2: And it had to be approved by the province.
[1:05:43] Voice 2: So as far as I know, everyone did, but we can verify that, no problem.
[1:05:48] Voice 2: Where we're worried about the expense has to do with some of the archaeological requirements.
[1:05:56] Voice 2: That's what is of concern.
[1:06:01] Voice 2: The water thing, the septic thing, no problem.
[1:06:04] Voice 2: Covenants that need to be put in place, we're totally open to that to protect the land.
[1:06:10] Voice 2: um the waterfront one that you raised is interesting because the clam leases go right
[1:06:16] Voice 2: up in front of our property there are many times clam diggers down there and they are just below
[1:06:23] Voice 2: the high tide mark yes i
[1:06:25] Voice 2: don't know where their leases end they have cement blocks along the
[1:06:30] Voice 2: foreshore and they seem to be around the high tide mark um so if you want to put in some kind of
[1:06:39] Voice 2: foreshore protection thing, we don't have any problem, but you are going to be running up against
[1:06:45] Voice 2: the provincial government who administers the shellfish tenures.
[1:06:53] Trustee Graham (probable): It's even worse. I hear you, and I stood on the beach with Pat McLaughlin,
[1:06:58] Trustee Graham (probable): and she looked at that, and she said, David, from a trust perspective, can you help us? And we tried
[1:07:02] Trustee Graham (probable): very, very hard, and we realized we don't have the cards to battle the federal government. So
[1:07:09] Trustee Graham (probable): will will not remove the agriculture activity in emory bay unfortunately yeah
[1:07:15] Voice 2: it would be
[1:07:16] Voice 2: great if it did i believe okay
[1:07:19] Trustee Graham (probable): um and your concern about the heritage aspect i mean
[1:07:24] Trustee Graham (probable): this is a brand new day in 2024 versus 1977 and um this is this is the this is our reality so um
[1:07:35] Trustee Graham (probable): on, you know, just all I can say is be prepared.
[1:07:38] Voice 2: Well, we are certainly willing to comply
[1:07:41] Voice 2: with the BC Heritage Act, no problem.
[1:07:44] Voice 2: And we have, and anybody who has applied
[1:07:49] Voice 2: for a setting and use permit has followed
[1:07:51] Voice 2: all of the prescribed measures,
[1:07:53] Voice 2: and we will continue to do so.
[1:07:58] Voice 2: Thank you.
[1:07:59] Voice 3: Thank you very much.
[1:08:01] Mr. Chair, I would just add,
[1:08:06] Voice 10: the staff report recommends referrals
[1:08:08] Voice 10: the archaeology bridge and some conversations with staff there who potentially have uh supported or
[1:08:18] Voice 10: reviewed or received referrals for similar situations and perhaps okay
[1:08:31] Trustee Graham (probable): excellent great
[1:08:32] Trustee Graham (probable): no further questions from me okay
[1:08:36] Trustee Graham (probable): africans happy so
[1:08:38] Voice 3: we want to do some motions uh
[1:08:41] Trustee Graham (probable): i'll move that
[1:08:42] Trustee Graham (probable): the dem and outlook address committee request staff to prepare a draft bylaw to amend the
[1:08:46] Trustee Graham (probable): them and on the official community plan 2008 cp to proceed with application d e r z 2023.1
[1:08:53] Trustee Graham (probable): comas ranch for limited
[1:08:55] Voice 3: accepted any further discussion call the question all in favor
[1:09:00] Voice 3: that carries should
[1:09:03] Trustee Borthwick (probable): we tennis it i'm sorry tennis rally back and forth sounds good
[1:09:09] Trustee Borthwick (probable): uh i move that the denman island local trust committee requests staff to prepare a draft
[1:09:13] Trustee Borthwick (probable): draft by-law to amend the Denman Islands Land Use By-law 2008-Land Use By-law to proceed
[1:09:19] Trustee Borthwick (probable): with the application DE-RZ-2023.1, Comasper Ranch Limited.
[1:09:25] Trustee Borthwick (probable): Second.
[1:09:26] Voice 3: Seconded.
[1:09:26] Voice 3: For discussion, call the question.
[1:09:28] Voice 3: All in favor, carries.
[1:09:29] Trustee Graham (probable): I move that the Denman Islands Local Trust Committee confirm that the draft by-law to
[1:09:34] Trustee Graham (probable): its designation of part of the northern parcel and part of the eastern parcel, parcel identification
[1:09:39] Trustee Graham (probable): Identification numbers 000211338 and 023096-438 as conservation slash recreation in the OCP and conservation bracket CN in the land use by-law.
[1:09:53] Voice 3: Seconded?
[1:09:54] Voice 3: Seconded.
[1:09:54] Voice 3: For discussion, a question or a favor?
[1:09:56] Voice 3: That carries.
[1:09:59] Trustee Borthwick (probable): I move that the Denman Island Local Trust Committee confirm that the draft by-law includes
[1:10:04] Trustee Borthwick (probable): designation of site-specific rural residential zones in the land use by-law to permit the
[1:10:08] Trustee Borthwick (probable): existing residential density on each of the subject properties.
[1:10:11] Trustee Borthwick (probable): Second.
[1:10:12] Trustee Borthwick (probable): All in favor?
[1:10:15] Trustee Graham (probable): I move that the Denman Island Local Trust Committee request the applicant for DE RZ
[1:10:21] Trustee Graham (probable): 2023.1, Colmoss Ratch Committee, to submit the following information to the Local Trust
[1:10:25] Trustee Graham (probable): committee regarding sewerage waste disposal on the northern and western parcels pivs triple zero
[1:10:31] Trustee Graham (probable): two one one three three eight and triple zero two one one two two zero again
[1:10:36] Voice 3: you're gonna do abc all
[1:10:38] Voice 3: right oh
[1:10:38] Trustee Graham (probable): a sewage disposal filings for each sewage disposal system on the subject properties if they
[1:10:44] Trustee Graham (probable): exist and be a comprehensive sewage disposal plan for each dwelling building site on the
[1:10:50] Trustee Graham (probable): that we keep on each of the subject properties.
[1:10:53] Voice 3: Thank you.
[1:10:53] Voice 3: Any discussion or question or favor?
[1:10:56] Voice 3: That carries.
[1:10:59] Trustee Borthwick (probable): All right.
[1:11:00] Trustee Borthwick (probable): I move that the Denman Island Local Trust Committee
[1:11:02] Trustee Borthwick (probable): request the applicant for DE-RZ-2023.1,
[1:11:07] Trustee Borthwick (probable): it's Comass Ranch Limited,
[1:11:10] Trustee Borthwick (probable): to submit the following information
[1:11:12] Trustee Borthwick (probable): to the Local Trust Committee
[1:11:13] Trustee Borthwick (probable): regarding the existing water quality and quantity
[1:11:16] Trustee Borthwick (probable): on the Northern Western Parcels.
[1:11:18] Trustee Borthwick (probable): Parcel identification is 000-2023.
[1:11:22] Trustee Borthwick (probable): 211-338 and 000-211-320 being A, source of potable water for each building site, B, distribution
[1:11:33] Trustee Borthwick (probable): of potable water for each building site, C, any historic or current water quality tests
[1:11:39] Trustee Borthwick (probable): for existing potable water sources supplying the building sites, and D, any additional
[1:11:45] Trustee Borthwick (probable): sources of water for irrigation brackets non-potable, and that this information be forwarded to
[1:11:50] Trustee Borthwick (probable): the island's trust freshwater specialist for common second
[1:11:52] Voice 3: okay for the discussion call the
[1:11:54] Voice 3: question all in favor that carries i
[1:11:57] Trustee Graham (probable): move the fedema and our local trust committee request
[1:12:00] Trustee Graham (probable): staff to report back on the options and implications of establishing a shoreline
[1:12:04] Trustee Graham (probable): protection development permit area for the subject properties
[1:12:08] Voice 3: seconded second discussion call the
[1:12:11] Trustee Borthwick (probable): question all favor that carries uh and so we know uh john that you you're sort of just getting to
[1:12:20] Trustee Borthwick (probable): grips with the the nap tap um but we'll make the motion just to sort of forward this question to
[1:12:25] Trustee Borthwick (probable): you and give you that this is about giving you guys some time to look into it more and talk
[1:12:30] Trustee Borthwick (probable): with planners great uh so i move that the denman island local trust committee requests the applicant
[1:12:36] Trustee Borthwick (probable): of de-rz-2023.1 brackets comments ranch limited to confirm whether or not they will pursue a
[1:12:44] Trustee Borthwick (probable): national area protective protection tax exemption program brackets nap tap covenant to protect an
[1:12:51] Trustee Borthwick (probable): environmentally sensitive portion of the northern parcel second call question
[1:12:55] Voice 3: all in favor that
[1:12:56] Voice 3: carries i
[1:12:57] Trustee Graham (probable): move that the edmonton local trust committee request staff to engage with comox
[1:13:01] Trustee Graham (probable): first nations regarding their interest in formalizing access to long beach
[1:13:05] Trustee Graham (probable): peak point through a pedestrian trail on the western and northern parcels
[1:13:11] Voice 3: Seconded.
[1:13:11] Voice 3: Seconded.
[1:13:12] Voice 3: Discussion?
[1:13:13] Voice 3: Call the question.
[1:13:14] Voice 3: All in favor?
[1:13:14] Voice 3: That carries.
[1:13:19] Trustee Borthwick (probable): I move that the Denman Island Local Trust Committee request staff to report back on
[1:13:24] Trustee Borthwick (probable): the options to formally protect cultural heritage of the subject properties using all available
[1:13:28] Trustee Borthwick (probable): local government tools in addition to the Heritage Conservation Act.
[1:13:32] Trustee Graham (probable): Seconded.
[1:13:33] Trustee Borthwick (probable): I'll second to that.
[1:13:35] Trustee Graham (probable): Discussion?
[1:13:35] Trustee Graham (probable): As long as this…does this also include the options as far as zonings that we talked about
[1:13:44] Trustee Graham (probable): So all the options that are available to us.
[1:13:48] Trustee Graham (probable): Thank you.
[1:13:49] Voice 10: Do you want to share?
[1:13:50] Voice 10: Yes.
[1:13:50] Voice 10: Okay.
[1:13:51] Voice 10: Every nod
[1:13:52] Trustee Graham (probable): and I realize this.
[1:13:54] Trustee Graham (probable): For the record, yes.
[1:13:57] Exploring all those options, the
[1:13:59] Voice 10: three main ones that we went there, exploring those further
[1:14:04] Voice 10: and also looking at...
[1:14:07] Voice 3: Okay.
[1:14:08] Voice 3: Good.
[1:14:08] Voice 3: Thank you.
[1:14:09] Voice 3: So the seconded discussion.
[1:14:11] Voice 3: All right.
[1:14:12] Voice 3: All questions, all in favor?
[1:14:14] Voice 3: That carries.
[1:14:15] Trustee Graham (probable): I move that the Gemini Local Trust Act be approved.
[1:14:17] Trustee Graham (probable): committee request the applicant terz 2023.1 commons ranch limited to submit a post-impact
[1:14:24] Trustee Graham (probable): preliminary field reconnaissance prepared by a qualified professional in consultation with
[1:14:29] Trustee Graham (probable): kovacs first nation second
[1:14:30] Voice 3: any discussion follow question that carries
[1:14:33] Trustee Borthwick (probable): all right uh and then that
[1:14:38] Trustee Borthwick (probable): i move that the demin island local trust committee direct staff to send an early referral of the
[1:14:42] Trustee Borthwick (probable): preliminary staff report an application of de dash rz dash two zero two three point one brackets
[1:14:48] Trustee Borthwick (probable): comas ranch limited close brackets uh to the following groups do you want me to go through the
[1:14:55] Trustee Borthwick (probable): following group sir okay all right yeah i'm gonna probably butcher
[1:15:02] Voice 11: some of these
[1:15:03] Trustee Borthwick (probable): these pronunciations
[1:15:04] Trustee Borthwick (probable): and i apologize in advance uh uh to the following groups for comment uh comox first nation qualcomm
[1:15:11] Trustee Borthwick (probable): First Nation, Laman First Nation, Ahmalko First Nation, Wewakam Nation, Wewakai Nation, Nanwakolos
[1:15:22] Trustee Borthwick (probable): Council, Temeth, I don't know, Temeth, I'm not sure, the treaty association, Sonalas Nation,
[1:15:32] Trustee Borthwick (probable): First Nation, Sinemaq, First Nation, Halat, First Nation, Semenis, First Nation, I apologize,
[1:15:44] Trustee Borthwick (probable): I don't know the pronunciation of this nation, Laiaksin, First Nation, Manalakit Tribe, Cowichan
[1:15:51] Trustee Borthwick (probable): Tribes, Comox Valley Regional District, BC Archaeology Branch, the Denman Island Advisory
[1:15:58] Trustee Borthwick (probable): Advisory Planning Commission,
[1:15:59] Trustee Borthwick (probable): which I guess I won't include them
[1:16:02] Trustee Borthwick (probable): because we don't have one.
[1:16:05] Trustee Borthwick (probable): Island's Trust Conservancy
[1:16:06] Trustee Borthwick (probable): and the Island's Trust Senior Intergovernmental Policy.
[1:16:11] Voice 3: I'll second that.
[1:16:12] Voice 3: Second that, any discussion?
[1:16:13] Trustee Borthwick (probable): As amended.
[1:16:14] Voice 3: As amended.
[1:16:15] Voice 3: As amended.
[1:16:16] Voice 3: All right, call the question, all in favor?
[1:16:18] Voice 3: Okay, so that concludes the staff recommendations.
[1:16:22] Voice 3: Were there any other motions?
[1:16:24] Voice 3: No, there's not a lot.
[1:16:25] Voice 3: Through
[1:16:26] Voice 8: the chair, I just wanted to,
[1:16:28] Voice 8: to let you know that if you were interested
[1:16:30] Voice 8: in forming the Denman Island Advisory Planning Commission,
[1:16:33] Voice 8: we would need direction to send out expressions of interest.
[1:16:37] Voice 8: And there are a couple of rezoning applications
[1:16:40] Voice 8: on the table.
[1:16:41] Voice 8: So whether that's of interest to the LTC or not,
[1:16:44] Voice 8: we just need direction to move forward.
[1:16:46] Trustee Borthwick (probable): I think that, I mean, we should certainly.
[1:16:49] Trustee Borthwick (probable): Go for it.
[1:16:50] Trustee Borthwick (probable): I think we should make that direction, yeah.
[1:16:53] Trustee Borthwick (probable): So I move that the Denman Island Local Trust Committee
[1:17:02] Trustee Borthwick (probable): direct staff to solicit uh initiate the creation of an initiate the creation of an of an advisory
[1:17:14] Trustee Borthwick (probable): planning commission for the denman island local trust area does that work
[1:17:22] Trustee Graham (probable): for you marles
[1:17:25] Voice 10: sure
[1:17:27] Trustee Graham (probable): yeah yeah
[1:17:28] Trustee Borthwick (probable): you guys know how the process works
[1:17:31] Trustee Borthwick (probable): yeah we're just asking you to initiate
[1:17:33] Trustee Borthwick (probable): the process yeah expressions of interest is the term i was blanked from my brain
[1:17:41] Voice 8: The Denman Islands Local Trust Committee requests staff to initiate the creation of an ATC through expressions of interest for Denman Islands Local Trust.
[1:17:50] Voice 8: Perfect.
[1:17:52] Trustee Borthwick (probable): And seek expressions of interest?
[1:17:55] Trustee Borthwick (probable): I don't know. I think initiate an ATC sort of requires that.
[1:17:59] Trustee Borthwick (probable): So I'd be happy to leave the expressions of interest.
[1:18:03] Trustee Borthwick (probable): trust i think initiating an
[1:18:05] Trustee Borthwick (probable): apc test but hopefully you guys know what that means so thank you okay so
[1:18:11] Voice 3: second i'll say okay
[1:18:13] Voice 3: for the discussion can
[1:18:16] Voice 2: i ask a question well
[1:18:18] Voice 3: we're just the middle of a motion
[1:18:19] Voice 3: um so
[1:18:20] Voice 2: what we're doing
[1:18:20] Voice 3: we're creating apc so just two seconds so call the question all in favor
[1:18:25] Voice 3: mr andrew go ahead what is an apc advisory planning commission so that's a group of residents
[1:18:32] Voice 3: that basically advises us on land use issues.
[1:18:36] Trustee Borthwick (probable): This is not specific to your application.
[1:18:39] Voice 2: Is this pertinent to our application or just in general?
[1:18:42] Voice 2: In general.
[1:18:43] Voice 2: It's a general
[1:18:43] Voice 2: thing, yeah.
[1:18:44] Voice 2: So is the Comus Ranch portion over?
[1:18:48] Voice 2: Should we retire, Chris and I?
[1:18:51] Voice 2: I believe so.
[1:18:52] Voice 3: I believe that we've reached a conclusion
[1:18:54] Voice 3: and we're gonna be taking a 30 minute break
[1:18:56] Voice 3: for lunch right now.
[1:18:58] Voice 2: Okay.
[1:18:59] Voice 2: Okay. So I thank you very much for your consideration. Hopefully we can resolve this
[1:19:08] Voice 2: and come to an amicable solution.
[1:19:11] Voice 3: That is the goal. Thank you very much.
[1:19:14] Voice 2: Thanks, John. Thank you. Thank you.
[1:19:16] Voice 2: Chris, do you want to add anything?
[1:19:19] Voice 3: I think he left. Oh, okay.
[1:19:22] Voice 3: Okay. So we will recess for 30 minutes just for lunch break.
[1:19:27] Voice 3: and we will reconvene approximately let's say 1245
[1:19:32] Voice 10: find
[1:19:39] Trustee Graham (probable): yourself you'll be
[1:19:49] Trustee Borthwick (probable): it'll be like 30 40 years later and you'd be like hey somebody's toilets
[1:19:53] Trustee Borthwick (probable): backed up and you do know how to fix it and that means I have to all righty we
[1:20:04] Voice 3: will reconvene um just confirm um with lisa we're recording and streaming okay
[1:20:14] Voice 7: i'll just get it going now one moment please so
[1:20:17] Voice 3: thank you very much remote
[1:20:22] Voice 3: oh yes
[1:20:24] Trustee Borthwick (probable): was the the front row was a little bit too close to the trustee seat laura was it oh it wasn't
[1:20:39] Voice 10: we
[1:20:44] Voice 3: see you in the second row too so
[1:20:46] Voice 9: all right
[1:20:47] Voice 9: so we will
[1:20:48] Voice 9: recording and
[1:20:53] Voice 3: streaming okay yes we
[1:20:55] Trustee Borthwick (probable): are you are you are the back row and also the front row
[1:20:59] Voice 3: all right so we have um 8.2 derz 2024.1 triple rockland cooperative staff report
[1:21:09] Voice 3: for it so who's going to wade into this
[1:21:15] Voice 3: good
[1:21:16] Voice 8: afternoon so today i'll be presenting a staff report which provides the denman ltc
[1:21:21] Voice 8: with the preliminary overview of this proposal the report identifies the land use planning
[1:21:27] Voice 8: issues associated with the application and seeks direction from the otp on the next steps
[1:21:32] Voice 8: the application proposes uh amendments to the denman island land use bylaw specifically it
[1:21:37] Voice 8: seeks to increase the number of units on the subject property by floor permit secondary seats
[1:21:43] Voice 8: in all units so to put this in perspective the current zoning allows for 15 dwelling units
[1:21:48] Voice 8: the applicants requesting an increase to a total of 19 units with up to a maximum of 19 secondary
[1:21:54] Voice 8: suites permitted in all dwellings in addition to these changes there are a couple of other proposed
[1:21:59] Voice 8: amendments the maximum gross floor area of the single family dwelling is proposed to be increased
[1:22:05] Voice 8: So that change would be from 139 square meters to 286 square meters and there's a proposed
[1:22:14] Voice 8: increase in the maximum floor for outbuildings to meet the ongoing needs and support for
[1:22:20] Voice 8: new units.
[1:22:21] Voice 8: This would change from 1,275 square meters to 2,174 square meters and at this stage we're
[1:22:33] Voice 8: speaking direction from the LTC on how to proceed. I'll just do a little bit of background so in
[1:22:39] Voice 8: October of 2008 this property was rezoned from forestry to co-housing R3 zone permitting 15
[1:22:47] Voice 8: affordable units regulated by a housing agreement. A portion of the property is in the ALR and at
[1:22:54] Voice 8: the time of rezoning in 2008 it was rezoned to agriculture 5 zone which does not permit any
[1:23:00] Voice 8: at all so staff will provide an island's trust policy statement checklist when the draft bylaws
[1:23:11] Voice 8: are presented to dlpp but attachment two in the package outlines relevant policy statement
[1:23:19] Voice 8: directives for early consideration attachment three provides an overview of ocp policies
[1:23:27] Voice 8: relevant to this application the subject property is designated as sustainable resources
[1:23:32] Voice 8: and agriculture in the OCP, they've had a split designation and does not require an OCP amendment.
[1:23:40] Voice 8: Several OCP policies supporting this proposal in principle, addressing climate change, transportation,
[1:23:46] Voice 8: water management, waste management and housing needs.
[1:23:49] Voice 8: And staff are recommending that additional information be required in some cases.
[1:23:58] Voice 8: So there is a concurrent minor project going on.
[1:24:02] Voice 8: So staff are working on a minor project to remove the density bank and housing policy 12 from the OCP
[1:24:07] Voice 8: So if successful there will be no need for an OCP amendment for this application
[1:24:13] Voice 8: to withdraw four densities from the density bank, so
[1:24:18] Voice 8: It's the timeline kind of looks like these two applications going forward together
[1:24:24] Voice 8: So that it's not
[1:24:26] Voice 8: Here radically we're not moving this application forward to withdraw densities from a density bank that is then getting removed
[1:24:32] Voice 8: um so i think that the timing should should work that these people currently and then the
[1:24:37] Voice 8: application would not require another amendment so for the land use bylaw specific amendments
[1:24:45] Voice 8: are required with site specific regulations to address the density the increase in density
[1:24:49] Voice 8: the accessory and instrument floor area there's also currently a housing agreement so there would
[1:24:57] Voice 8: be amendments required to the housing agreement to ensure affordability of the secondary suites
[1:25:02] Voice 8: and possible the eligibility of who is able to rent the secondary suites so the
[1:25:12] Voice 8: applicant is proposing to increase the suites however like I said into the minor project the OCP staff are not
[1:25:21] Voice 8: considering the OCP policies as relevant at this time if the minor project does not move
[1:25:26] Voice 8: forward then those OCP policies fit in with the project so for the wastewater systems the
[1:25:36] Voice 8: The applicant provided a report from an ROWP
[1:25:40] Voice 8: that confirms the adequate space and suitable soil
[1:25:43] Voice 8: for up to five additional wastewater systems.
[1:25:46] Voice 8: Staff are recommending more information is needed
[1:25:49] Voice 8: to determine if each dwelling site can accommodate
[1:25:52] Voice 8: also a secondary suite wastewater system.
[1:25:55] Voice 8: For groundwater management,
[1:25:58] Voice 8: the OCP policies encourage conserving water
[1:26:02] Voice 8: and protecting groundwater resources.
[1:26:04] Voice 8: The groundwater supply status in the area
[1:26:07] Voice 8: is unknown. Current dwellings rely on weight rainwater catchment only. At the time of rezoning
[1:26:14] Voice 8: back in 2008, a groundwater report was provided and at that time it was deemed enough water
[1:26:21] Voice 8: to support the 15 densities. However,
[1:26:24] Voice 11: those dwellings
[1:26:26] Voice 8: have never been hooked up to the
[1:26:27] Voice 8: groundwater supply. They're all on rainwater catchment only and the groundwater is currently
[1:26:32] Voice 8: only used to water the garden so there's no report for the current status so LTC is
[1:26:41] Voice 8: the direction it
[1:26:42] Voice 8: needed to determine if they would want hydro geological assessment so rainwater collection
[1:26:51] Voice 8: and harvesting the applicant plans to use rainwater harvesting for
[1:26:55] Voice 8: draft zoning regulations or a covenant may include specific requirements for minimum
[1:27:01] Voice 8: on sister capacity water treatment maintenance plans more information again more information
[1:27:08] Voice 8: is needed on the applicant's potable water plan for each unit and how they'll accommodate the
[1:27:12] Voice 8: secondary suites great thank you
[1:27:19] Voice 8: there's a number of
[1:27:20] Voice 8: recommendations that are outlined on page 29.
[1:27:32] Voice 3: so trustees if you have questions for the planner for the applicant
[1:27:35] Trustee Graham (probable): it's a question for the planner
[1:27:38] Trustee Graham (probable): um with the concurrent minor project to remove the density bank how can we
[1:27:42] Trustee Graham (probable): can we even go to second reading uh without knowing that we are success i'm going to say
[1:27:49] Trustee Graham (probable): successful with removal of the density bank uh can we go to third reading go all the way except
[1:27:56] Trustee Graham (probable): uh adopting it's
[1:27:59] Voice 8: with its staff's recommendation that take it as far as second reading um just to
[1:28:06] Voice 8: make sure that we're not moving too far ahead in the process yeah
[1:28:14] Trustee Graham (probable): but we can go we can go as
[1:28:16] Trustee Graham (probable): far as secondary the
[1:28:19] Voice 3: timelines seem to be working fairly well yeah
[1:28:22] Voice 8: it would be the intention that
[1:28:24] Voice 8: it would be a project and
[1:28:32] Trustee Graham (probable): we think so too okay and the advantage for the applicant is it doesn't
[1:28:36] Trustee Graham (probable): trigger an ocp i don't have to worry about a public hearing um having having been involved
[1:28:42] Trustee Graham (probable): with the original application that the triple rock uh coho group were heavily scrutinized by
[1:28:48] Trustee Graham (probable): the community than the initial neighbors and have been a kind
[1:28:53] Manager of Bylaw Compliance and Enforcement: of a model
[1:28:53] Trustee Graham (probable): community for sustainability
[1:28:55] Trustee Graham (probable): and low low impact i mean yeah as a neighbor i can speak to that and as a trustee at the time
[1:29:03] Trustee Graham (probable): i can speak to that so i didn't have any other questions i've got some comments but i'll let
[1:29:10] Trustee Graham (probable): my coaches do that um
[1:29:11] Trustee Borthwick (probable): yeah i mean i i was very glad to see uh i mean especially you know talking
[1:29:18] Trustee Borthwick (probable): about secondary suites that that there's plans around affordability for those rentals and that
[1:29:23] Trustee Borthwick (probable): they're not going to be market rental things that that would see a serious could be a serious
[1:29:29] Trustee Borthwick (probable): conflict but but i think also just i mean also it's what i want to see for the community so um
[1:29:33] Trustee Borthwick (probable): but i but i could see that being an issue and i'm glad to see you guys have a plan in that regard um
[1:29:39] Trustee Borthwick (probable): the one thing that i know and i yeah it was a couple bits and pieces so the the i mean i'm
[1:29:46] Trustee Borthwick (probable): seeing from the report the water the water management report and sewage uh report um
[1:29:54] Trustee Borthwick (probable): and we've got we've got a recommendation here that's that uh called
[1:30:00] Trustee Borthwick (probable): for confirmation from a qualified professional that they've got adequate conditions to support
[1:30:04] Trustee Borthwick (probable): the wastewater systems my sense from the letter that we have is that we sort of have that um and
[1:30:10] Trustee Borthwick (probable): i'm just wondering i want to just double check with with staff is there's some higher level of
[1:30:15] Trustee Borthwick (probable): confirmation that we're seeking or so
[1:30:17] Voice 8: through the chair there's confirmation that it supports
[1:30:20] Voice 8: five five additional yeah units but because they're actually right the secondary
[1:30:24] Voice 8: Up to 19 secondary suites, so confirmation that, and this could be potentially at the time, because not everyone is going to automatically build 19 suites, so one idea could be that this, at the time of the sitemate use permit, it's required.
[1:30:43] Trustee Borthwick (probable): Okay, sure. But that needn't happen as a component of this, we could do this down the line, theoretically.
[1:30:51] Voice 8: They could do this down the line, but it would probably be a good idea.
[1:30:55] Trustee Borthwick (probable): might be convenient to
[1:30:56] Voice 8: not have to do that at
[1:30:56] Trustee Borthwick (probable): that point i get i get that um the similarly i mean the
[1:31:02] Trustee Borthwick (probable): fire suppression uh plan um i mean i i know the fire department are are pleased or are comfortable
[1:31:12] Trustee Borthwick (probable): with with with what's going on there the other thing that did occur to me and i know you guys
[1:31:17] Trustee Borthwick (probable): have got roads throughout the property and that they would service these new sites um i know it
[1:31:22] Trustee Borthwick (probable): but also does get kind of congested on those places sometimes.
[1:31:25] Trustee Borthwick (probable): So I was curious if there is any,
[1:31:28] Trustee Borthwick (probable): and I'm loathe to put in more roads or empty parking spaces,
[1:31:33] Trustee Borthwick (probable): but I know that it does get kind of congested in there.
[1:31:36] Trustee Borthwick (probable): And certainly with increased density,
[1:31:38] Trustee Borthwick (probable): I mean, it's not a huge growth from where you are already,
[1:31:41] Trustee Borthwick (probable): but I would want to make sure that it's easy to get around
[1:31:45] Trustee Borthwick (probable): and that there's emergency access,
[1:31:48] Trustee Borthwick (probable): especially as populations age and that sort of stuff.
[1:31:51] Trustee Borthwick (probable): so i'd i'd be you know yeah there's a request in here to get a uh no there was a there was
[1:32:07] Trustee Borthwick (probable): a oh it's for it's not one of the top recommendations it's a further recommendation
[1:32:12] Trustee Borthwick (probable): somewhere else here um it was talking about the alternative request further information
[1:32:21] Trustee Borthwick (probable): um was that that we might um uh that the applicant submit to the down stress and
[1:32:28] Trustee Borthwick (probable): assessment report completed by a professional engineer which identifies the potential impacts
[1:32:33] Trustee Borthwick (probable): of proposed development on local pedestrian and vehicular transportation routes and patterns
[1:32:36] Trustee Borthwick (probable): and my concern with this like i've moved around coho i don't think it's a huge problem i'm not
[1:32:41] Trustee Borthwick (probable): this is not me being like run a red run i'm a huge concern but emergency access i've tried to
[1:32:47] Trustee Borthwick (probable): get into micah's place a couple times and it's a little little pokey in there sometimes and i can
[1:32:51] Trustee Borthwick (probable): imagine with a big vehicle especially like a fire truck you there could be issues so i'm just that's
[1:32:56] Trustee Borthwick (probable): That's in my mind about that sort of stuff.
[1:32:58] Trustee Borthwick (probable): But I was digging pretty deep to find stuff that I didn't like.
[1:33:01] Trustee Borthwick (probable): So don't take this as a stinging indictment.
[1:33:05] Trustee Borthwick (probable): Just it's on my mind.
[1:33:07] Trustee Borthwick (probable): And I don't necessarily know, and I'd be interested to hear from staff,
[1:33:12] Trustee Borthwick (probable): if there might be another standard of sort of reassurance that we could get
[1:33:16] Trustee Borthwick (probable): or just sort of assessment that we could get from the applicant.
[1:33:20] Trustee Borthwick (probable): Or if it's, yeah.
[1:33:21] Voice 8: Well, that is why I put in the referrals to the fire department.
[1:33:24] Voice 8: and then we could see what comes with that.
[1:33:26] Voice 8: Sure,
[1:33:27] Trustee Borthwick (probable): yeah, I'd be happy to.
[1:33:28] Trustee Borthwick (probable): I wouldn't hate having a little bit more clarity around that,
[1:33:32] Trustee Borthwick (probable): and I'm sure you guys have got points,
[1:33:34] Trustee Borthwick (probable): but I think that's trying to do the due diligence.
[1:33:39] Trustee Borthwick (probable): But yeah, otherwise, I think I'm pretty happy.
[1:33:45] Trustee Graham (probable): Go ahead.
[1:33:45] Trustee Graham (probable): Comments, yeah.
[1:33:47] Trustee Graham (probable): So the applicant is asked to increase the ability
[1:33:52] Trustee Graham (probable): to increase the size of their residence.
[1:33:54] Trustee Graham (probable): I presume that would trigger an amendment
[1:33:57] Trustee Graham (probable): to their existing sighting and use permit yeah
[1:34:01] Voice 8: well they would need to
[1:34:02] Voice 8: apply for a sighting and use permit if they were to increase right if
[1:34:06] Trustee Graham (probable): they were to put
[1:34:07] Trustee Graham (probable): the suite into the existing floor area of their existing sighting and use permit
[1:34:13] Trustee Graham (probable): they I don't think they would need a sighting and use permit so the
[1:34:25] Trustee Graham (probable): amendment to the sighting and use permit would be triggered by anybody that wants to
[1:34:29] Trustee Graham (probable): to increase the footprint of the house.
[1:34:32] Trustee Graham (probable): But to put a suite in, the definition of the suite
[1:34:35] Trustee Graham (probable): is actually it falls within the floor plan
[1:34:37] Trustee Graham (probable): of the existing residence.
[1:34:38] Trustee Graham (probable): That wouldn't trigger sightings.
[1:34:42] Trustee Graham (probable): I'm happy with the first recommendation,
[1:34:44] Trustee Graham (probable): which basically requests staff to prepare a draft by-law
[1:34:48] Trustee Graham (probable): for the land use by-law.
[1:34:54] Trustee Graham (probable): And the second one is to go for a second reading
[1:34:58] Trustee Graham (probable): to be considered after certain qualifications.
[1:35:02] Trustee Graham (probable): The only qualification that I would require
[1:35:05] Trustee Graham (probable): is a letter from someone that knows
[1:35:08] Trustee Graham (probable): to say that the wastewater system
[1:35:12] Trustee Graham (probable): is adequate for the suites.
[1:35:16] Trustee Graham (probable): The requirement for a minimum onsite storage capacity
[1:35:19] Trustee Graham (probable): and all of those regulations,
[1:35:22] Trustee Graham (probable): I do not see the need for that.
[1:35:23] Trustee Graham (probable): that Coho has managed their rainwater distribution system
[1:35:29] Trustee Graham (probable): at the highest level.
[1:35:32] Trustee Graham (probable): They're in fact groundbreaking in this particular case.
[1:35:35] Trustee Graham (probable): I can't think of any other multi-unit residential developments
[1:35:43] Trustee Graham (probable): in the Gulf Islands that use rainwater.
[1:35:45] Trustee Graham (probable): This is unique and it should be applauded
[1:35:49] Trustee Graham (probable): and patterned and copied.
[1:35:52] Trustee Graham (probable): So, as well as treatment, maintenance, plan and delivery systems for potable water, they're already doing this.
[1:35:58] Trustee Graham (probable): They have more intimate knowledge in those systems and no more information would I require to move this application forward.
[1:36:10] Trustee Graham (probable): I like the idea of referring it to the Dem and Fire Department to get their concerns.
[1:36:13] Trustee Graham (probable): I don't need to know what their emergency considerations for temporary water are.
[1:36:19] Trustee Graham (probable): I don't need what storage they're already accommodated that the land use
[1:36:26] Trustee Graham (probable): agreement does need to be amended they they volunteer to take that on with
[1:36:31] Trustee Graham (probable): their lawyer and then bring that I'm more than happy that's gonna work these
[1:36:36] Trustee Graham (probable): are minor amendments to that that agreement document just to it's a
[1:36:43] Trustee Graham (probable): popular place when you have cake i'm sorry
[1:36:46] Trustee Graham (probable): um and so in other words this this application
[1:36:54] Trustee Graham (probable): is the most successful affordable housing land development that we have it's in fact
[1:37:01] Trustee Graham (probable): the only one that we have other than one single residence on denman island i want to make
[1:37:08] Trustee Graham (probable): their interest in adding four not five four more densities and and the ability to have suites as
[1:37:15] Trustee Graham (probable): as easy and as affordable as we possibly can
[1:37:18] Trustee Graham (probable): because they've not gone,
[1:37:19] Trustee Graham (probable): they haven't asked BC Housing for any money.
[1:37:22] Trustee Graham (probable): They supported this with their own loans.
[1:37:27] Trustee Graham (probable): They've been an exemplary member of our community
[1:37:31] Trustee Graham (probable): and a neighbor for over 12 years.
[1:37:34] Trustee Graham (probable): And I want to thank them for their diligence
[1:37:38] Trustee Graham (probable): and their concern on the way they run their operation
[1:37:40] Trustee Graham (probable): by making this request as easy as possible.
[1:37:44] Trustee Graham (probable): so um those are my comments i just
[1:37:51] Voice 8: have one a comment just about the housing agreement
[1:37:53] Voice 8: um so islands trust lawyers will have to bet the housing agreement whether their lawyer
[1:37:59] Voice 8: does the drafting of it and makes the amendments it will still get that
[1:38:02] Voice 8: just for
[1:38:07] Trustee Graham (probable): the vetting yeah
[1:38:08] Voice 8: yeah typically our lawyers will draft the housing agreement but if
[1:38:13] Voice 8: I appreciate
[1:38:17] Trustee Graham (probable): that I'm just thinking that the cost it would be much less cost if
[1:38:23] Trustee Graham (probable): they're simply just looking at and going yeah that works I can't imagine it it's
[1:38:28] Trustee Graham (probable): not a very complicated document and they're not changing very much they're
[1:38:32] Trustee Graham (probable): simply adding so that would be my suggestion I can appreciate staff is
[1:38:39] Trustee Graham (probable): always looking at the highest level of concern i get that um and i appreciate that uh what i'm
[1:38:46] Manager of Bylaw Compliance and Enforcement: trying
[1:38:47] Trustee Graham (probable): to do is speak for the integrity of the development the integrity of the people involved
[1:38:51] Trustee Graham (probable): with it the history of the development and and their ethos their their how they they fit in the
[1:38:56] Trustee Graham (probable): scheme of things so um i'm not saying your what you're recommending works but i also think this
[1:39:03] Trustee Graham (probable): is a way to go that will it won't involve as much money which is important when you don't have much
[1:39:09] Trustee Graham (probable): money i know they don't yeah so
[1:39:15] Voice 3: are we ready for some motions yeah
[1:39:18] Trustee Graham (probable): i think the first one
[1:39:18] Trustee Graham (probable): tell them that the government local trust committee requests that to prepare the draft
[1:39:22] Trustee Graham (probable): bylaw to amend them in the land use bylaw of 2008 to rezone law a section 17 of the island
[1:39:28] Trustee Graham (probable): the nine world district plan the id 87456
[1:39:32] Voice 3: seconded second any discussion call the question then all
[1:39:37] Voice 3: in favor that carries
[1:39:38] Trustee Borthwick (probable): i see that i've david's managed to stick me with the long one again
[1:39:44] Voice 3: so you and you want to do a b and
[1:39:47] Trustee Borthwick (probable): c or do you want to well that's the i think that's the part
[1:39:49] Trustee Borthwick (probable): we should discuss but all right
[1:39:51] Trustee Borthwick (probable): let's discuss that so
[1:39:52] Trustee Graham (probable): that that motion includes two a b and
[1:39:56] Trustee Graham (probable): c i'm happy with a i would be voting against b and c yeah
[1:40:00] Trustee Borthwick (probable): i think i'd be the same i feel pretty
[1:40:11] Trustee Borthwick (probable): I
[1:40:12] Trustee Graham (probable): move that
[1:40:24] Trustee Borthwick (probable): the Devon Island Local Trust Committee request the applicant for DE-RZ-2024.1 to submit
[1:40:36] Trustee Borthwick (probable): confirmation from a qualified professional that the subject property has adequate conditions
[1:40:40] Trustee Borthwick (probable): to support the wastewater systems
[1:40:42] Trustee Borthwick (probable): compliant with the BC sewerage system regulation
[1:40:44] Trustee Borthwick (probable): under the Health Act for the proposed increase in density
[1:40:49] Trustee Borthwick (probable): to the local trust committee
[1:40:51] Trustee Borthwick (probable): prior to second reading being considered.
[1:40:54] Trustee Borthwick (probable): Informatically, that still works.
[1:40:55] Trustee Borthwick (probable): Okay.
[1:40:56] Trustee Graham (probable): Yeah, that's good.
[1:40:58] Voice 3: Rewarding on the fly.
[1:41:01] Trustee Graham (probable): I'm going to second that,
[1:41:02] Trustee Graham (probable): but I want to make sure that our note takers
[1:41:05] Trustee Graham (probable): captured that change.
[1:41:07] Trustee Graham (probable): change.
[1:41:11] Voice 7: Chair Maud, yes, I did. If you could just repeat, did the motion end at the end of point A
[1:41:20] Voice 7: with the word increase in density?
[1:41:23] Trustee Borthwick (probable): No. So to request the applicant to submit, I left out some
[1:41:32] Trustee Borthwick (probable): the member and then to submit confirmation from and then going to increase in density
[1:41:41] Trustee Borthwick (probable): and then returning to to the local trust committee prior to second reading being considered
[1:41:46] Trustee Borthwick (probable): does that make sense yes
[1:41:50] Voice 7: i've got it okay
[1:41:51] Voice 3: cool excellent okay good thank you
[1:41:53] Voice 7: so
[1:41:55] Voice 3: call the question
[1:41:56] Voice 3: all in favor that carries and
[1:42:00] Trustee Graham (probable): uh i'll make i'll make the other one i move that the deminano local
[1:42:05] Trustee Graham (probable): Local Trust Committee request the applicant for DERC 2021.1
[1:42:10] Trustee Graham (probable): Triple Rock Land Cooperative to enter into a cost recovery
[1:42:14] Trustee Graham (probable): agreement with the Islands Trust for the purposes of vetting
[1:42:18] Trustee Graham (probable): an amended housing agreement, which they will provide.
[1:42:29] Voice 3: OK, so once again, Lisa, we've done a slight modification
[1:42:31] Voice 3: on that.
[1:42:32] Voice 3: You've got those?
[1:42:34] Voice 7: Yes, Tremont, I've got that.
[1:42:36] Voice 7: Thank you.
[1:42:36] Voice 7: The
[1:42:38] Voice 8: applicant will provide.
[1:42:39] Voice 3: The applicant will provide.
[1:42:40] Voice 3: yeah so instead of drafting it's betting okay seconded second call the question all in favor
[1:42:48] Voice 3: that carries uh
[1:42:52] Trustee Borthwick (probable): and i move that the demon island local trust committee requests staff to send an
[1:42:56] Trustee Borthwick (probable): early referral of de-rz-2024.1 open brackets triple rock plan cooperative close brackets
[1:43:04] Trustee Borthwick (probable): to the demon island to the fire department uh yeah and i think we were to the to the
[1:43:11] Trustee Borthwick (probable): them in our entire party let's leave William alone
[1:43:15] Voice 3: that's got enough today
[1:43:16] Voice 3: all right second any further discussion call the question okay that carries
[1:43:23] Voice 3: cool
[1:43:24] Trustee Graham (probable): thank you on
[1:43:27] Voice 3: your way thank you very much you are leading the way once
[1:43:31] Voice 3: once again was there a member
[1:43:33] Voice 3: of the public people
[1:43:34] Voice 10: follow because it is a great way of living and um
[1:43:40] Voice 10: i mean we have statistics that does feel like a lower impact lighter on the land way of living
[1:43:48] Trustee Borthwick (probable): i mean you have the water statistics the water usage statistics are stark
[1:43:54] Voice 10: they're they're subjective of
[1:43:56] Trustee Borthwick (probable): course but but we
[1:43:57] Trustee Borthwick (probable): still i mean
[1:43:58] Voice 10: we've talked about getting monitors
[1:43:59] Voice 10: and we may do that.
[1:44:01] Voice 10: No, and I just wanted to mention like the fire department,
[1:44:04] Voice 10: like I'd actually already asked the fire department
[1:44:06] Voice 10: in the last few days because I read the staff report,
[1:44:08] Voice 10: they're like, no problem.
[1:44:10] Voice 10: Like they have a file in their office
[1:44:14] Voice 10: because they come and they study our land
[1:44:16] Voice 10: and they talk to us about trim this back here
[1:44:19] Voice 10: and that, that, and that.
[1:44:21] Voice 10: You know, having potentially fixings on the sisters,
[1:44:25] Voice 10: like they actually have a plan for our project
[1:44:27] Voice 10: And we did ask them about if they had comments or concerns about it.
[1:44:37] Voice 10: They had a few comments, but yeah.
[1:44:39] Voice 10: No,
[1:44:40] Trustee Borthwick (probable): they're very good.
[1:44:41] Voice 10: So, yeah.
[1:44:42] Voice 10: And with the emergency access, it would be actually good to know the details of the issue,
[1:44:46] Voice 10: because we really, really don't want that.
[1:44:48] Voice 10: And as you know, we have a few first responders and athletes in our project,
[1:44:53] Voice 10: so they would be highly motivated.
[1:44:56] Trustee Borthwick (probable): Totally.
[1:44:57] Trustee Borthwick (probable): So, yeah.
[1:44:58] Voice 10: And also, I just wanted to mention that the sewage –
[1:45:03] Voice 10: yeah i think
[1:45:03] Voice 10: that wasn't really a mistake on our part not to have everything in that letter
[1:45:08] Voice 10: um but you know we shifted back and forth from five main units to four main units and we were
[1:45:13] Voice 10: gonna have three standing cottages at one point like we had like a year of intense discussions
[1:45:20] Voice 10: just internally where we were like what is the brand thing for our project and our that will
[1:45:27] Voice 10: keep our values and the way we were able to work together um and it ended up with what it is and i
[1:45:33] Voice 10: I think that he's kind of the piece of getting the confirmation of the septic it verbally happened
[1:45:38] Voice 10: in conversations with um Steve uh Carballera and just to get into paper but now he is fully
[1:45:45] Voice 10: retired so but he's available as a so I'm yeah I thank you for understanding and grasping what our
[1:45:58] Voice 10: project is supporting in and allowing us to go sustainable and community-minded house I'm
[1:46:08] Voice 10: gentlemen that you know our community members and friends thank you and we'll see you uh in august
[1:46:18] Trustee Borthwick (probable): well yeah i mean i'd say to like affordable obviously means a lot of things to different
[1:46:22] Trustee Borthwick (probable): people uh and and and you know buying into to coho is not necessarily within everybody's grasp but i
[1:46:29] Trustee Borthwick (probable): i you know i applaud the the the second secondary suite component not least because it allows for
[1:46:36] Trustee Borthwick (probable): people to age in place and and all that sort of stuff and allow for for those people to sort of
[1:46:40] Trustee Borthwick (probable): be a part of that um and i you know it's not going to solve the problems and it's not going
[1:46:44] Trustee Borthwick (probable): to fix things and i don't think it's you know probably not everyone's going to adopt it but
[1:46:50] Voice 10: over the years and that's
[1:46:53] Trustee Borthwick (probable): yeah and i think the
[1:46:54] Trustee Borthwick (probable): foresight is valuable and also it does
[1:46:56] Trustee Borthwick (probable): pretend you know open some potential i know there's there's people you know who need a
[1:47:01] Trustee Borthwick (probable): secondary suite already on coho yes
[1:47:03] Voice 10: you know it's very helpful and i'm
[1:47:05] Trustee Borthwick (probable): glad to see that provision
[1:47:07] Trustee Borthwick (probable): Yeah,
[1:47:07] Voice 10: and ad hoc, under the table solutions are what we want.
[1:47:14] Trustee Borthwick (probable): It's not in line with the way the rest
[1:47:16] Voice 10: of what you've done, you know.
[1:47:17] Voice 10: So, yeah, yeah, yeah, that's right.
[1:47:22] Voice 10: So, yeah, and the ease with which this seems to be moving forward is really helpful.
[1:47:30] Voice 10: Also, in terms of affordability, because the more any process costs, it is us and, you know, future residents.
[1:47:39] Voice 10: will cover that so i
[1:47:40] Voice 10: thank you and in terms of affordability like that is something we will need
[1:47:44] Voice 10: to have some back and forth with our staff around what goes in the housing agreement because the
[1:47:49] Voice 10: affordability of the suites is really key for our group also like our biggest issue when we talked
[1:47:55] Voice 10: about it as well eventually it'll just be a bunch of strangers living here because people want to
[1:47:59] Voice 10: make extra money and that's yeah we don't want that so yeah
[1:48:02] Trustee Borthwick (probable): and i'll be that that's a component
[1:48:04] Trustee Borthwick (probable): that i'm very keen to i'm glad that you guys have thought about it it was the first night i started
[1:48:08] Trustee Borthwick (probable): reading everything and i immediately wrote that down and then i went a little further and i was
[1:48:11] Trustee Borthwick (probable): like oh it's
[1:48:11] Trustee Borthwick (probable): there good excellent there's
[1:48:13] Voice 10: like 24 of us yeah it's going to
[1:48:15] Voice 10: bring up the topics
[1:48:18] Voice 10: well
[1:48:19] Trustee Borthwick (probable): you are all you know very milquetoast individuals too so there's that
[1:48:29] Voice 10: thank
[1:48:29] Voice 3: you so much
[1:48:32] Trustee Graham (probable): one one one final comment if i may on your on
[1:48:36] Trustee Graham (probable): your report page 30
[1:48:38] Voice 10: the second
[1:48:42] Trustee Graham (probable): paragraph the third sentence talks about increase in maximum flow
[1:48:46] Trustee Graham (probable): to allow secondary dwellings it should say suites
[1:48:50] Voice 8: just
[1:48:51] Trustee Graham (probable): to avoid the confusion
[1:48:53] Trustee Graham (probable): Thanks for coming.
[1:48:57] Voice 8: It's easy, Tim.
[1:48:58] Voice 3: There's a lot
[1:49:00] Voice 5: in here.
[1:49:02] Voice 3: Okay, moving on. So we have
[1:49:03] Voice 3: local trust committee projects.
[1:49:06] Voice 3: Do we
[1:49:07] Voice 3: have an RFP?
[1:49:11] Trustee Borthwick (probable): Oh.
[1:49:13] Trustee Borthwick (probable): I'm just going in there. Never mind.
[1:49:15] Trustee Borthwick (probable): Just regarding.
[1:49:18] Trustee Borthwick (probable): I was skipping ahead. I was just going by the
[1:49:20] Trustee Borthwick (probable): chapter headings in the email, which is
[1:49:22] Trustee Borthwick (probable): not helpful.
[1:49:23] Trustee Borthwick (probable): This
[1:49:24] Voice 8: will be a two-second update.
[1:49:27] Voice 8: We're currently working on this
[1:49:29] Voice 8: project it's in the early stages the project charter was just uh endorsed at the last meeting
[1:49:38] Voice 8: thank
[1:49:40] Voice 3: you very much we don't have any correspondence um new business um annual reporting
[1:49:49] Voice 3: excerpt um i it seems to be my job as chair at every one of these i tend to find things
[1:50:00] Voice 10: I
[1:50:01] Voice 3: found some stuff
[1:50:02] Voice 10: but
[1:50:03] Voice 3: now I have to find it
[1:50:04] Voice 10: okay
[1:50:07] Voice 3: see I went past it I'm not
[1:50:09] Voice 3: a keener all
[1:50:11] Voice 10: right
[1:50:18] Voice 3: so 124 so what is the first line of the Demmon Island local
[1:50:26] Voice 3: trust area includes Demmon and chrome island and seal and sandy islets it
[1:50:31] Voice 3: It seems to me that we're lacking some commas,
[1:50:34] Voice 3: so we have too many Ns.
[1:50:37] Voice 11: Yeah,
[1:50:38] Voice 3: so we have three Ns,
[1:50:40] Voice 3: or maybe we should have a couple of commas, N and N.
[1:50:44] Voice 3: So, yeah.
[1:50:47] Voice 3: The second line, Demini and local trust area
[1:50:51] Voice 3: is located within the territory of First Nations.
[1:50:55] Voice 3: On other LTCs, what I've suggested is several or many.
[1:50:59] Voice 3: Sure.
[1:51:00] Voice 3: Because it seems it's a little bit more singular
[1:51:01] Voice 3: than what maybe is appropriate.
[1:51:05] Trustee Graham (probable): The Coast Salish people, does that capture all of the various nations, or does that not?
[1:51:12] Trustee Graham (probable): It does.
[1:51:14] Trustee Graham (probable): Not enough?
[1:51:15] Trustee Graham (probable): I don't know.
[1:51:16] Voice 3: No, I don't think it does.
[1:51:19] Trustee Graham (probable): There's quite a list
[1:51:20] Trustee Graham (probable): in the referrals for the rezoning application.
[1:51:24] Trustee Graham (probable): Why don't we just grab that, because that's been well-researched, correct?
[1:51:28] Voice 3: Yeah, but I think for this purpose, I think
[1:51:31] Trustee Graham (probable): several or many
[1:51:32] Voice 3: kind of makes the wording
[1:51:34] Voice 3: more easier than to have that laundry list.
[1:51:37] Voice 3: and i think the rest of it i think makes straightforward unless you guys have some
[1:51:41] Manager of Bylaw Compliance and Enforcement: editorial content
[1:51:42] Voice 3: like i know on like on on main island we we put in a thing about the evil
[1:51:47] Voice 3: fallow deer um pander they put in something about the minister the ministry not supporting
[1:51:52] Voice 3: prosecution of a dpa um so sometimes there's some some local island things that maybe got
[1:52:00] Voice 3: missed out but it's reads fine to me i don't
[1:52:07] Trustee Graham (probable): keep track of the various applications
[1:52:09] Voice 3: so i just
[1:52:10] Voice 3: assumed it was a good
[1:52:11] Voice 3: so we need to make a motion as amended
[1:52:16] Voice 3: um so if morris if you caught enough
[1:52:21] Voice 3: of that so we can just say amended or should we word it out okay all right so i'll move to
[1:52:28] Trustee Graham (probable): to be a
[1:52:28] Trustee Graham (probable): demo local trust committee approved the attached amended text for inclusion in the 2023
[1:52:35] Trustee Graham (probable): 2024 annual report for approval by trust council and submission for the minister of municipal
[1:52:40] Trustee Graham (probable): affairs excellent
[1:52:41] Voice 3: second any further discussion call the question all in favor that carries
[1:52:47] Voice 3: all right so now we have bylaw enforcement uh compliance and enforcement policy staff report
[1:52:54] Voice 3: and I see that Mr. Dingman has come to light.
[1:53:00] Voice 3: So we will hand it over to you, Mr. Dingman.
[1:53:06] Manager of Bylaw Compliance and Enforcement: Good afternoon, Chair and Trustees.
[1:53:11] Manager of Bylaw Compliance and Enforcement: This report, there was a resolution from the Local Trust Committee.
[1:53:17] Manager of Bylaw Compliance and Enforcement: Initially, they wanted background on some staff contacts,
[1:53:24] Manager of Bylaw Compliance and Enforcement: some inspections that happened in January.
[1:53:26] Manager of Bylaw Compliance and Enforcement: And working from that resolution, I thought it would be appropriate to forward to the Local Trust Committee, one, not just to explain what happened on that day in January 30th, 2024, regarding some site visits, but also to put forward a proposal for a bylaw compliance and enforcement policy for review by the Local Trust Committee.
[1:53:57] Manager of Bylaw Compliance and Enforcement: currently what this local trust committee does and really all the local trust committees do
[1:54:01] Manager of Bylaw Compliance and Enforcement: is by standing resolution they establish policies for their local trust areas my proposal is that we
[1:54:09] Manager of Bylaw Compliance and Enforcement: put this into a document one document that would cover a number of policies
[1:54:16] Manager of Bylaw Compliance and Enforcement: that would direct staff on how to go through issues like notice of inspection time to comply
[1:54:25] Manager of Bylaw Compliance and Enforcement: apply, have policies regarding frivolous or vexatious complaints, definitions of minor
[1:54:31] Manager of Bylaw Compliance and Enforcement: contraventions and the use of discretion.
[1:54:34] Manager of Bylaw Compliance and Enforcement: So to provide some background on these issues, currently we use trust council policies.
[1:54:43] Manager of Bylaw Compliance and Enforcement: Those are our guiding policies that we have been using, and they provide an overview on
[1:54:49] Manager of Bylaw Compliance and Enforcement: how staff are to conduct business, when to open files, close files, but what we don't
[1:54:56] Manager of Bylaw Compliance and Enforcement: have from local trust committees is a combined forward-facing document as i described it that
[1:55:04] Manager of Bylaw Compliance and Enforcement: can be accessed by residents and staff and i believe the lack of this document leads to a
[1:55:11] Manager of Bylaw Compliance and Enforcement: certain amount of understanding about the policies and procedures that are followed by staff so in
[1:55:17] Manager of Bylaw Compliance and Enforcement: reference to the background towards the visits that were conducted in january on january 18th
[1:55:26] Manager of Bylaw Compliance and Enforcement: we received a written complaint regarding some tree
[1:55:28] Manager of Bylaw Compliance and Enforcement: cutting on the edge of Graham Lake
[1:55:29] Manager of Bylaw Compliance and Enforcement: and the operation of an excavator at the lake's
[1:55:32] Manager of Bylaw Compliance and Enforcement: edge and there was
[1:55:34] Manager of Bylaw Compliance and Enforcement: a reference to soil removal occurring
[1:55:37] Manager of Bylaw Compliance and Enforcement: but unfortunately the
[1:55:38] Manager of Bylaw Compliance and Enforcement: complainant could not identify the property
[1:55:40] Manager of Bylaw Compliance and Enforcement: address or location. So this
[1:55:43] Manager of Bylaw Compliance and Enforcement: meant that a bylaw officer had to go
[1:55:45] Manager of Bylaw Compliance and Enforcement: out to try and
[1:55:46] Manager of Bylaw Compliance and Enforcement: determine the exact location of the work.
[1:55:49] Manager of Bylaw Compliance and Enforcement: Now Graham Lake is
[1:55:51] Manager of Bylaw Compliance and Enforcement: of importance because there's a development
[1:55:52] Manager of Bylaw Compliance and Enforcement: a repairing development permit area
[1:55:55] Manager of Bylaw Compliance and Enforcement: around the lake and those investigations are priority through Trust Council
[1:56:02] Manager of Bylaw Compliance and Enforcement: policies I've referenced the policy here for priority of investigation section
[1:56:07] Manager of Bylaw Compliance and Enforcement: five one three adverse environmental impact that could result in universal
[1:56:11] Manager of Bylaw Compliance and Enforcement: damage if not prevented in a timely fashion so following those policies the
[1:56:17] Manager of Bylaw Compliance and Enforcement: bylaws are attended the area and around area around the lake to try and find
[1:56:22] Manager of Bylaw Compliance and Enforcement: where this tree cutting was occurring so he did have what I would call incidental
[1:56:28] Manager of Bylaw Compliance and Enforcement: contact with property owners in the area as he tried to find the tree cutting and
[1:56:33] Manager of Bylaw Compliance and Enforcement: ultimately was determined that one hazard tree may have been cut down and
[1:56:39] Manager of Bylaw Compliance and Enforcement: the file was closed it was termed that there's no development permit required
[1:56:45] Manager of Bylaw Compliance and Enforcement: but as this work was necessary as there especially in riparian areas and other
[1:56:50] Manager of Bylaw Compliance and Enforcement: other environmentally sensitive areas, it's considered urgent, and we try and determine
[1:56:55] Manager of Bylaw Compliance and Enforcement: where such work is happening as quickly as possible.
[1:56:59] Manager of Bylaw Compliance and Enforcement: It's not always easy, because in some of these rural areas, properties are not well
[1:57:04] Manager of Bylaw Compliance and Enforcement: identified, and we have to go the extra steps of going out and trying to find this work
[1:57:12] Manager of Bylaw Compliance and Enforcement: in an effort, one, to identify the correct property that it's on, and two, try to stop
[1:57:18] Manager of Bylaw Compliance and Enforcement: any further damage if people are doing work without permits so as i've already mentioned
[1:57:24] Manager of Bylaw Compliance and Enforcement: our guiding policies right now are in trust council policies 551 they provide the direction
[1:57:31] Manager of Bylaw Compliance and Enforcement: that we need to do most of our work but as i've already referenced there's certain things they
[1:57:37] Manager of Bylaw Compliance and Enforcement: don't provide direction on and i believe though that direction should come from local trust
[1:57:43] Manager of Bylaw Compliance and Enforcement: committees and i'll go through them again notice of site inspections how we do the business there
[1:57:49] Manager of Bylaw Compliance and Enforcement: time to comply, fixations complaints, definition of what minor contraventions are and whether or
[1:57:55] Manager of Bylaw Compliance and Enforcement: not the LTCs want to pursue them, and use of discretion. So what I've prepared for consideration
[1:58:03] Manager of Bylaw Compliance and Enforcement: for this Local Trust Committee, and this has also been forwarded to the Regional Planning
[1:58:09] Manager of Bylaw Compliance and Enforcement: Committee for consideration, is let's do a document, use a template so that a policy
[1:58:18] Manager of Bylaw Compliance and Enforcement: document could be created for each local trust committee and that they can
[1:58:23] Manager of Bylaw Compliance and Enforcement: establish you know the policies on how staff are to conduct themselves our to
[1:58:30] Manager of Bylaw Compliance and Enforcement: close files when we find certain things you know establish policies where you
[1:58:37] Manager of Bylaw Compliance and Enforcement: know if the LTC has said we're not going there's deferred enforcement on an issue
[1:58:42] Manager of Bylaw Compliance and Enforcement: that those files will be closed so an attached to the report is a and that the
[1:58:51] Manager of Bylaw Compliance and Enforcement: actual proposed policy document that we can either review now or in the end it
[1:59:01] Manager of Bylaw Compliance and Enforcement: will be at the discretion of the local trust meeting whether or not they wish
[1:59:06] Manager of Bylaw Compliance and Enforcement: wish to pursue this type of a policy right the LTC could decide just to rely
[1:59:16] Manager of Bylaw Compliance and Enforcement: on Trust Council policies and not proceed with further consideration or
[1:59:21] Manager of Bylaw Compliance and Enforcement: amendments to this proposed policy but I would recommend that you do adopt such a
[1:59:28] Manager of Bylaw Compliance and Enforcement: policy and make amendments where you believe there should be amendments and
[1:59:34] Manager of Bylaw Compliance and Enforcement: provide direction to staff and i'll note that there's two parts to the policy document
[1:59:40] Manager of Bylaw Compliance and Enforcement: part a for the general policies regarding definitions and inspections and enforcement
[1:59:46] Manager of Bylaw Compliance and Enforcement: procedures closing files reporting and there's a part b uh bottle enforcement
[1:59:52] Manager of Bylaw Compliance and Enforcement: notice bylaws screening officers powers and duties which you may also want to
[2:00:00] Manager of Bylaw Compliance and Enforcement: have some input on and make some revisions to that current policy i'd like to note that because you
[2:00:08] Manager of Bylaw Compliance and Enforcement: have citing and use permits on denman denman and hornby are unique in having that i added that
[2:00:13] Manager of Bylaw Compliance and Enforcement: section to this proposed document you may also wish i imagine in the end the decision will be
[2:00:22] Manager of Bylaw Compliance and Enforcement: even from the regional planning committee is that there be some type of section here on vexatious
[2:00:30] Manager of Bylaw Compliance and Enforcement: complainants establishing just what those are and establishing policies
[2:00:36] Manager of Bylaw Compliance and Enforcement: around vexatious complainants right now I've incorporated it into the document I
[2:00:42] Manager of Bylaw Compliance and Enforcement: think that works but we could also add the extra section regarding vexatious
[2:00:46] Manager of Bylaw Compliance and Enforcement: complaints what they are and how we're going to deal with and so I believe not
[2:00:53] Manager of Bylaw Compliance and Enforcement: are there any questions at this point
[2:00:55] Voice 3: trustees
[2:00:56] Trustee Borthwick (probable): i mean i would comment uh on mainly mainly uh
[2:01:02] Trustee Borthwick (probable): i really appreciate the report uh and i really i think this policy is really great i really
[2:01:10] Trustee Borthwick (probable): appreciate the the sort of the thought that's gone into it and i i think it's really valuable
[2:01:15] Trustee Borthwick (probable): for us as an organization to have that clarity for for constituents um and you know yeah i think
[2:01:24] Trustee Borthwick (probable): this is really great work i'm really excited to i really like what you've got in here absolutely
[2:01:30] Trustee Borthwick (probable): supported and i look forward to being able to to speak to it a little bit at uh uh regional planning
[2:01:36] Trustee Borthwick (probable): committee as well um i think it's really good work that's too great
[2:01:40] Trustee Graham (probable): yeah thank you warren i
[2:01:42] Trustee Graham (probable): agree with my my fellow trustee the only thing i would add is would you would you please call it the
[2:01:49] Trustee Graham (probable): deminano local trust committee compliance and bylaw enforcement or compliance enforcement it's
[2:01:55] Trustee Graham (probable): it's how it compliance and enforcement always go together uh generally but i think they should
[2:02:01] Trustee Graham (probable): always go together uh rather than just rate enforcement and it's just a pet project of
[2:02:07] Trustee Graham (probable): mine to always achieve compliance before we're back in the enforcement world i'm not sure you
[2:02:12] Trustee Graham (probable): prefer to be in compliance with your various files also yes
[2:02:17] Manager of Bylaw Compliance and Enforcement: i've noted that uh trustee graham
[2:02:19] Manager of Bylaw Compliance and Enforcement: previously from the uh discussions at uh regional planning committee so i can certainly add that
[2:02:24] Manager of Bylaw Compliance and Enforcement: Thank
[2:02:25] Voice 3: you. Okay. So is there anything else that needs to be touched upon or modifications or anything? All right. So, yeah,
[2:02:39] Trustee Borthwick (probable): I mean, I, I've had a pretty close read of this and I'm Warren.
[2:02:46] Trustee Borthwick (probable): And if you feel like you want to do some further tinkering, I'm certainly open to sort of pushing this down the line.
[2:02:52] Trustee Borthwick (probable): But I'm I'm pretty happy with what I see in this this policy at this point.
[2:02:56] Trustee Borthwick (probable): So unless you have anything or if you feel that there needs to be some further revision, I'm part of me that's inclined to say, why wait?
[2:03:04] Trustee Borthwick (probable): But I'm but I'm open to hearing if you've got any thoughts on that.
[2:03:08] Manager of Bylaw Compliance and Enforcement: So here's there's actually no need to wait.
[2:03:11] Manager of Bylaw Compliance and Enforcement: You can adopt these policies as is. And then it's a simple process here.
[2:03:17] Manager of Bylaw Compliance and Enforcement: the regional planning committee says okay here's how these can be improved or the additions that
[2:03:22] Manager of Bylaw Compliance and Enforcement: need to be made then it can be brought back to the local trust committee uh with those amendments
[2:03:28] Manager of Bylaw Compliance and Enforcement: right this is just a policy document it's not an amendment by law so it's a very straightforward
[2:03:35] Manager of Bylaw Compliance and Enforcement: any concerns that come up or additions that we believe either from ltc need to be made or from
[2:03:40] Manager of Bylaw Compliance and Enforcement: staff we can again present it to the ltc and then we can make the edits and adopt it as required
[2:03:48] Trustee Borthwick (probable): yeah i'd
[2:03:49] Manager of Bylaw Compliance and Enforcement: love to be able to
[2:03:49] Trustee Borthwick (probable): walk into the next rpc meeting and say hey look what we did
[2:03:52] Trustee Borthwick (probable): or look what warren did and we
[2:03:55] Voice 11: can take it
[2:03:55] Trustee Borthwick (probable): for but i'd love to be able to go into that and say
[2:03:59] Trustee Borthwick (probable): hey here's what we think we're doing is right and i'd like to yeah i'd be very happy to move
[2:04:04] Trustee Borthwick (probable): move on that but i don't know if david wants to go ahead
[2:04:06] Trustee Borthwick (probable): um so that's not the
[2:04:11] Trustee Borthwick (probable): yeah i know i've got the but it's we don't need to bring it back um so
[2:04:18] Voice 3: is there preferred
[2:04:19] Voice 3: wording on this motion other than the rest
[2:04:21] Manager of Bylaw Compliance and Enforcement: so i think i think that it could just state that the
[2:04:23] Manager of Bylaw Compliance and Enforcement: denman island local trust committee uh adopts the current bylaw compliance and enforcement policy
[2:04:29] Trustee Borthwick (probable): yeah okay
[2:04:30] Manager of Bylaw Compliance and Enforcement: that's presented uh
[2:04:33] Trustee Borthwick (probable): yeah i moved that the denman island local trust committee
[2:04:36] Trustee Borthwick (probable): adopt the proposed by-law compliance and enforcement policy as presented.
[2:04:45] Voice 3: Okay. I'll second it.
[2:04:47] Voice 3: Seconded. Call the question. All in favor? That carries.
[2:04:51] Voice 3: Great. Thanks, Warren.
[2:04:52] Voice 3: Thank
[2:04:53] Manager of Bylaw Compliance and Enforcement: you very much.
[2:04:54] Manager of Bylaw Compliance and Enforcement: You're welcome.
[2:04:56] Voice 3: All right. So we're quickly going to come back to Mr. Dingman,
[2:05:02] Voice 3: but the Trust Conservancy Report is there for information.
[2:05:06] Voice 3: information, the Trust Conservancy Newsletter, the Huron, again, for our information, applications
[2:05:14] Voice 3: report.
[2:05:15] Voice 3: I don't know if there's anything staff wants to touch on that, if trustees have any questions.
[2:05:21] Voice 3: We have trusting in local expense report for your information, adopt a policy of sustaining
[2:05:31] Voice 3: resolutions for your information First Nation relationship building update who
[2:05:40] Voice 3: was to touch on that through
[2:05:43] Voice 10: the chair I can provide a general update to say
[2:05:49] Voice 10: there's been leadership meetings occurring with the NCC and nation
[2:05:56] Voice 10: conversation, talking about relationship aspects. I couldn't go into detail of those. There's
[2:06:03] some conversations happening with staff
[2:06:05] Voice 10: about processes that are ongoing as well. And that
[2:06:12] Voice 10: would be the conclusion. Thank
[2:06:16] Voice 3: you very much. Not too
[2:06:17] Voice 10: much detail, but there was also a
[2:06:19] Voice 10: section in earlier commandments agenda trustees also provided
[2:06:25] Voice 3: okay thank you very much um so
[2:06:29] Voice 3: local trust committee webpage nobody has any thoughts towards that that's all cool um work
[2:06:36] Voice 3: program active projects and future projects any infilling needed all makes sense all makes sense
[2:06:44] Voice 5: um
[2:06:45] Voice 3: so upcoming meetings um next regular meeting scheduled for tuesday august 13th 10 a.m
[2:06:52] Voice 3: here is that workable for everybody so that's okay that's fine so then we are
[2:07:00] Voice 3: going to move back into a second closed session which shouldn't take too long so
[2:07:10] Voice 3: if we somebody wants to make the motion I
[2:07:15] Trustee Borthwick (probable): can do that I move that the meeting be
[2:07:19] Trustee Borthwick (probable): closed to the public in accordance with the community charter part 4 division 3
[2:07:22] Trustee Borthwick (probable): section 90 brackets 2 brackets B and F for the purpose of considering F law
[2:07:31] Trustee Borthwick (probable): enforcement and if the council considers the disclosure could reasonably expect
[2:07:35] Trustee Borthwick (probable): to harm the conduct of an investigation under order enforcement of an enactment
[2:07:39] Trustee Borthwick (probable): and that the reporter and
[2:07:40] Trustee Borthwick (probable): staff attend the meeting
[2:07:41] Voice 3: seconded second okay any
[2:07:43] Voice 3: questions all question all in favor that carries so we are going in camera so
[2:07:54] Voice 3: So, Lisa, we'll need you to stop the recording.
[2:07:56] Voice 11: The recording has stopped.
[2:07:58] Voice 3: Ooh, that's very impressive.
The minutes
Official minutes as published by the Islands Trust (source), text extracted automatically.
ADOPTED Denman Island ADOPTED 1 Local Trust Committee Minutes June 4, 2024 Denman Island Local Trust Committee Minutes of Regular Meeting Date: Location: June 4, 2024 Denman Activity Centre 1111 Northwest Rd, Denman Island, BC Members Present: David Maude, Chair David Graham, Trustee Sam Borthwick, Trustee Staff Present: Renée Jamurat, Regional Planning Manager Marlis McCargar, Island Planner Margot Thomaidis, Planner 2 Warren Dingman, Bylaw Compliance & Enforcement Manager (electronic) Daniel Schneider, Bylaw Enforcement Officer (electronic) Lisa Millard, Recorder (electronic) Others Present: There were approximately 6 (six) members of the public and 1 (one) member of the media in attendance. 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 Maude called the meeting to order at 10:00 a.m. He acknowledged that the meeting was held on the territory of the Coast Salish First Nations. 2. APPROVAL OF AGENDA The following additions and changes to the agenda were presented for consideration: The regular meeting will close to the public and go in-camera following Item 7.1; and The order of Items 8.1 and 8.2 will be reversed so that: Item 8.1 will now be DE-RZ-2023.1 - Komas Ranch Ltd. - Staff Report Item 8.2 will now be DE-RZ-2024.1 - Triple Rock Land Cooperative - Staff Report By general consent, the agenda was approved as amended. 3. REPORTS ADOPTED Denman Island ADOPTED 2 Local Trust Committee Minutes June 4, 2024 3.1 Trustee Reports Trustee Graham reported the following: Attended the committee of the whole meeting for discussion on the Islands Trust Draft Policy Statement; and Attended a meeting with Comox Valley Regional District, the Denman Island Local Trust Committee, and the Hornby Island Local Trust Committee to discuss topics of mutual interest and concern. Trustee Borthwick reported the following: Attended the committee of the whole meeting for discussion on the Islands Trust Draft Policy Statement; Attended the protocol meeting with the Comox Valley Regional District; and Attended a meeting with representatives of the K’omoks First Nation. 3.2 Chair's Report Chair Maude reported the following: Noted that June 5, 2024 is the 50 th Anniversary of Islands Trust; There will be a Trust Council meeting June 18-20, 2024 being held on Salt Spring Island; and Attended the committee of the whole meeting for discussion on the Islands Trust Draft Policy Statement and a period of public engagement is being planned. 3.3 Electoral Area Director's Report - none 4. PUBLIC COMMENTS A member of the public stated that they heard that there is a policy that Trustees are not allowed to say anything negative about Islands Trust, in general, including their personal experiences. o Trustee Borthwick referred to a recent Denman Island community Facebook discussion about the draft code of conduct and he clarified that it was a draft policy and not finalized yet. He noted that the intent of the policy is not to silence Trustees and they have freedom to express their views. He referred to Roberts Rules of Order that states once a motion has been made by a government body, regardless of one’s personal vote for or against, the individual is required to represent it, as the motion carried by the body. o Chair Maude stated that if a motion was carried forward and agreed on by the Trustees, but he did not support it, he would be obligated to carry the motion forward with Trust Council. o Trustee Graham noted that, at times, the Denman Island Facebook group perpetuates inaccurate information. 5. DELEGATIONS - none 6. MINUTES ADOPTED Denman Island ADOPTED 3 Local Trust Committee Minutes June 4, 2024 6.1 Local Trust Committee Special Minutes dated February 20, 2024 - for adoption By general consent, the Local Trust Committee meeting minutes of February 20, 2024 were adopted. 6.2 Local Trust Committee Minutes dated April 9, 2024 - for adoption By general consent, the Local Trust Committee meeting minutes of April 9, 2024 were adopted. 6.3 Local Trust Committee Special Meeting Minutes dated May 7, 2024 - for adoption By general consent, the Local Trust Committee special meeting minutes of May 7, 2024 were adopted. 6.4 Section 26 Resolutions-Without-Meeting Report - none 6.5 Advisory Planning Commission Minutes - none 7. BUSINESS ARISING FROM MINUTES 7.1 Follow-up Action List dated May 24, 2024 A Trustee questioned why the status of February 20, 2024 Activity 1 ‘preparation of a suitable land analysis draft’ was marked as complete. The Planner stated that the status should be “in progress.” DE-2024-034 It was MOVED and SECONDED that the meeting be closed to the public in accordance with the Community Charter, Part 4, Division 3, s.90(2)(k) for the purpose of considering: (k)negotiations and related discussions respecting the proposed provision of a municipal service that are at their preliminary stages and that, in the view of the council, could reasonably be expected to harm the interests of the municipality if they were held in public; and that the Recorder, Staff and representatives of the K’omoks First Nation attend the meeting. CARRIED The regular meeting was recessed at 10:27 a.m. and recalled to order at 11:20 a.m. 8. APPLICATIONS AND REFERRALS 8.1 DE-RZ-2023.1 - Komas Ranch Ltd. - Staff Report The Planner summarized the staff report and highlighted the following: A Land Use Contract (LUC) was entered into in 1977 and it terminates on June 30, 2024; ADOPTED Denman Island ADOPTED 4 Local Trust Committee Minutes June 4, 2024 The application proposes to increase the number of allowable single family dwellings on two lots from 9 units up to 20 units with each of the permitted dwellings allowed one accessory guest dwelling no larger than 400 square feet; The application also requests a portion of one of the lots be rezoned from Rural to Conservation/Recreation; and There is an opportunity for the Local Trust Committee to update zoning as required and to protect cultural heritage sites and areas of sensitive environmental concern. The Applicant and one of the property owners were present and made the following comments during discussion with the Trustees: The original Land Use Contract (LUC) did not have a public trail; however, Komas Ranch has allowed day use public access to the adjacent marine park and boating areas, Morning Beach Park, and Longbeak Point; If a trail is established, it would cross private property; There is a public park with vehicle parking at Morning Beach Park and access to Longbeak Point is provided from the same public area; The Komas Ranch property does not have parkland because the LUC specified that 150 acres remain as undisturbed forest; They have not had an opportunity to explore the Natural Area Protection Tax Exemption Program (NAPTEC) as they have just heard about it and do not have sufficient information to comment; Komas Ranch was originally an operating farm and the building on the Agricultural Land Reserve portion of the property was housing used for the farm owner and staff and it is currently being used as a low-cost rental housing unit; This is being treated as rezoning a piece of land, but it is a hand over from one level of government to another level of government and the owners are seeking a continuation of the use that has already been in place; They have complied with the request to do a survey of the land; They are being asked to categorize water and septic field capacity and, while they are willing to confirm that each of the properties has a functioning septic system, doing studies on existing properties seems onerous; The Province put legislation into place that specified that local governments would take over the administration of LUCs and put rezoning into place by June, 2022 and that property owners were to be notified in writing of the expiry of the contract; however, neither of these requirements have been met; and The Local Government Act is clear that the local government was to put rezoning in place, but Islands Trust has put the onus on the property owners to do this; o The Planner noted that zoning has been in place on these lots since 2008 and that the language in the local Government Act states that zoning has to be in place by the expiry of the Land Use Contract. Discussion ensued. ADOPTED Denman Island ADOPTED 5 Local Trust Committee Minutes June 4, 2024 DE-2024-035 It was MOVED and SECONDED that the Denman Island Local Trust Committee request staff to prepare a draft bylaw to amend the Denman Island Official Community Plan, 2008 (OCP), to proceed with application DE-RZ-2023.1 (Komas Ranch Ltd.). CARRIED DE-2024-036 It was MOVED and SECONDED That the Denman Island Local Trust Committee request staff to prepare a draft bylaw to amend the Denman Island Land Use Bylaw, 2008 (LUB), to proceed with application DE- RZ-2023.1 (Komas Ranch Ltd.). CARRIED DE-2024-037 It was MOVED and SECONDED that the Denman Island Local Trust Committee confirm that the draft bylaw includes designation of part of the Northern parcel and part of the Eastern parcel (PIDs 000-211- 338 and 023-096-438) as ‘Conservation/Recreation’ in the OCP and ‘Conservation (CN)’ in the LUB. CARRIED DE-2024-038 It was MOVED and SECONDED that the Denman Island Local Trust Committee confirm that the draft bylaw includes designation of Site Specific Rural Residential zones in the LUB to permit the existing residential density on each of the subject properties. CARRIED DE-2024-039 It was MOVED and SECONDED that the Denman Island Local Trust Committee request the applicant for DE-RZ-2023.1 (Komas Ranch Ltd.) to submit the following information to the Local Trust Committee regarding sewerage waste disposal on the Northern and Western parcels (PIDs 000-211- 338 and 000-211-320): a) Sewage disposal filings for each sewage disposal system on the subject properties; and b) A comprehensive sewage disposal plan for each dwelling/building site on each of the subject properties. CARRIED ADOPTED Denman Island ADOPTED 6 Local Trust Committee Minutes June 4, 2024 DE-2024-040 It was MOVED and SECONDED that the Denman Island Local Trust Committee request the applicant for DE-RZ-2023.1 (Komas Ranch Ltd.) to submit the following information to the Local Trust Committee regarding the existing water quality and quantity on the Northern and Western parcels (PIDs 000-211-338 and 000-211-320): a) Source of potable water for each building site; b) Distribution of potable water to each building site; c) Any historic or current water quality tests for existing potable water sources supplying the building sites; d) Any additional sources of water for irrigation (non-potable); and that this information be forwarded to the Islands Trust Freshwater Specialist for comment. CARRIED DE-2024-041 It was MOVED and SECONDED that the Denman Island Local Trust Committee request staff to report back on the options and implications of establishing a shoreline protection Development Permit Area for the subject properties. CARRIED DE-2024-042 It was MOVED and SECONDED that the Denman Island Local Trust Committee request the applicant of DE-RZ-2023.1 (Komas Ranch Ltd.) to confirm whether or not they will pursue a Natural Area Protection Tax Exemption Program (NAPTEP) covenant to protect an environmentally sensitive portion of the Northern parcel. CARRIED DE-2024-043 It was MOVED and SECONDED that the Denman Island Local Trust Committee request staff to engage with K’ómoks First Nation regarding their interest in formalizing access to Longbeak Point through a pedestrian trail on the Western and Northern parcels. CARRIED DE-2024-044 It was MOVED and SECONDED that the Denman Island Local Trust Committee request staff to report back on the options to formally protect the cultural heritage of the subject properties using all available local government tools, in addition to the Heritage Conservation Act. ADOPTED Denman Island ADOPTED 7 Local Trust Committee Minutes June 4, 2024 CARRIED DE-2024-045 It was MOVED and SECONDED That the Denman Island Local Trust Committee request the applicant of DE-RZ-2023.1 (Komas Ranch Ltd.) submit a post-impact Preliminary Field Reconnaissance prepared by a qualified professional, in consultation with K’ómoks First Nation. CARRIED DE-2024-046 It was MOVED and SECONDED that the Denman Island Local Trust Committee direct staff to send an early referral of the preliminary staff report and application DE-RZ-2023.1 (Komas Ranch Ltd.) to the following groups for comment: K’ómoks First Nation; Qualicum First Nation; Tla’amin Nation; Homalco First Nation (Xwemalhkwu); Wei Wai Kum Nation; We Wai Kai Nation; Nanwakolas Council; Te'Mexw Treaty Association; Snaw'Naw'As Nation; Snuneymuxw First Nation; Halalt First Nation; Stz'uminus First Nation; Tsu'uubaa-asatx First Nation; Lyackson First Nation; Penelakut Tribe; Cowichan Tribes; Comox Valley Regional District; BC Archaeology Branch; Islands Trust Conservancy; and the Islands Trust Senior Intergovernmental Policy Advisor. CARRIED DE-2024-047 It was MOVED and SECONDED that the Denman Island Local Trust Committee request staff to initiate the creation of an Advisory Planning Commission through expressions of interest for the Denman Island Local Trust Committee. CARRIED The meeting recessed for a break at 12:15 p.m. and reconvened at 12:45 p.m. 8.2 DE-RZ-2024.1 - Triple Rock Land Cooperative - Staff Report The Planner summarized the staff report and highlighted the following: The current zoning allows for fifteen units and the application seeks to increase the number of units to nineteen and allow secondary suites in all units; In 2008, the property was rezoned from Forestry to a new site-specific zone, Co- housing (R3), which permitted 15 (fifteen) affordable units regulated by a housing agreement; In 2008, the portion of the property which is in the Agricultural Land Reserve (ALR) was rezoned to a site specific Agriculture (5) zone, which does not permit any dwellings; This application would create four new units of affordable housing, as well as potential for up to nineteen affordable secondary suites; ADOPTED Denman Island ADOPTED 8 Local Trust Committee Minutes June 4, 2024 The applicant plans to use rainwater harvesting; There is confirmation the property will support septic use for five additional residences, but information is required regarding septic suitability and capacity for the secondary suites if all were built out; and The current minor project is to remove the density bank so this application will not affect density bank calculations. Discussion ensued and Trustees made the following comments; Affordable secondary suites are needed by the community; The existing development is already successfully using rainwater catchment and onsite potable water storage; and The integrity and history of the development is exemplary. DE-2024-048 It was MOVED and SECONDED that the Denman Island Local Trust Committee request staff to prepare a draft bylaw to amend Denman Island Land Use Bylaw, 2008 to rezone Lot A, Section 17, Denman Island, Nanaimo District, Plan VIP87456. CARRIED DE-2024-049 It was MOVED and SECONDED that the Denman Island Local Trust Committee request the applicant for DE-RZ-2024.1 (Triple Rock Land Cooperative) to submit Confirmation from a qualified professional that the subject property has adequate conditions to support wastewater systems, compliant with the BC Sewerage System Regulation under the Health Act for the proposed increase in density to the local trust committee prior to second reading being considered. CARRIED DE-2024-050 It was MOVED and SECONDED that the Denman Island Local Trust Committee request the applicant for DE-RZ-2021.1 (Triple Rock Land Cooperative) enter into a cost recovery agreement with the Islands Trust for the purposes of vetting an amended housing agreement, which the applicant will provide. CARRIED DE-2024-051 It was MOVED and SECONDED that the Denman Island Local Trust Committee request staff to send an early referral of DE-RZ-2024.1 (Triple Rock Land Cooperative) to the Denman Island Fire Department. ADOPTED Denman Island ADOPTED 9 Local Trust Committee Minutes June 4, 2024 CARRIED 9. LOCAL TRUST COMMITTEE PROJECTS 9.1 Minor Project - Housing Related Temporary Use Permit Review- verbal update The Planner noted further information will be available at the next meeting. 10. CORRESPONDENCE - none (Correspondence received concerning current applications or projects is posted to the LTC webpage) 11. NEW BUSINESS 11.1 Annual Reporting Excerpt for Denman Local Trust Area – Memorandum Add the word “many” before First Nations in the second sentence. DE-2024-052 It was MOVED and SECONDED that the Denman Island Local Trust Committee approves the attached amended text for inclusion in the 2023/24 Annual Report for approval by Trust Council and submission to the Minister of Municipal Affairs. CARRIED 12. STAFF REPORTS 12.1 Bylaw Compliance and Enforcement Policy - Staff Report The Bylaw Compliance and Enforcement Manager summarized the staff report as follows: The report provides details of site visits that occurred in January 2024; A complaint was received about tree cutting and soil removal within the riparian area around Graham Lake; however, a specific address was not provided; The Bylaw Officer attended a few properties and had contact with some residents; It was determined that one compromised tree was removed, that there was not a bylaw infraction, and the file was closed; Bylaw staff currently follow adopted Trust Council policies for compliance and enforcement, and they receive direction from Local Trust Committees in the form of standing resolutions regarding specific bylaw contraventions; The report proposed that a policy document be created for the Denman Local Trust Committee that would direct bylaw staff on specific issues not addressed within the Trust Council policies, including notice of site inspections, time to comply, frivolous complaints, definition of minor contraventions, and the use of discretion; and Through the policy document, each Local Trust Committee will be able to establish policy on how bylaw staff are to conduct themselves and when files are to be closed. ADOPTED Denman Island ADOPTED 10 Local Trust Committee Minutes June 4, 2024 Discussion ensued. DE-2024-053 It was MOVED and SECONDED that the Denman Island Local Trust Committee adopt the proposed bylaw compliance and enforcement policy as presented. CARRIED 12.2 Trust Conservancy Report March, 2024 Received for information. 12.3 Trust Conservancy The Heron - Spring Edition Received for information. 12.4 Applications Report dated May 24, 2024 Received for information. 12.5 Trustee and Local Expense Report dated March, 2024 Received for information. 12.6 Adopted Policies and Standing Resolutions Received for information. 12.7 First Nations Relationship Building Update The Regional Planning Manager provided a general update and noted that a leadership meeting occurred between the Denman Island Local Trust Committee and Komoks First Nation and that staff-to-staff conservations are ongoing. 12.8 Local Trust Committee Webpage No updates at this time. 13. WORK PROGRAM 13.1 Active Projects Report dated May 24, 2024 Received for information. 13.2 Future Projects Report dated May 24, 2024 Received for information. 14. UPCOMING MEETINGS 14.1 Next Regular Meeting Scheduled for Tuesday, August 13, 2024 at 10:00 am at Denman Activity Centre, 1111 Northwest Road, Denman Island, BC 15. CLOSED MEETING 15.1 Motion to Close the Meeting ADOPTED Denman Island ADOPTED 11 Local Trust Committee Minutes June 4, 2024 DE-2024-54 It was MOVED and SECONDED that the meeting be closed to the public in accordance with the Community Charter, Part 4, Division 3, s.90(2)(b)&(f) for the purpose of considering: (b)the consideration of information received and held in confidence relating to negotiations between the municipality and a provincial government or the federal government or both, or between a provincial government or the federal government or both and a third party; (f)law enforcement, if the council considers that disclosure could reasonably be expected to harm the conduct of an investigation under or enforcement of an enactment; and that the Recorder and Staff attend the meeting. CARRIED The regular meeting recessed at 1:35 p.m. 15.2 Recall to Order The meeting was recalled to order at 2:01 p.m. 16. ADJOURNMENT By general consent, the meeting was adjourned at 2:02 p.m. _________________________ David Maude, Chair Certified Correct: _________________________ Lisa Millard, Meeting Administrator/Recorder