South Pender Island Local Trust Committee regular meeting, September 13, 2024

[0:00:00] Trustee Elliott: Excellent. Well, iskwechel, am I saying it right?

[0:00:06] Trustee Elliott: Iskwechel is the whole Kameenah, but iskwechel, I believe, is Simchatlin for good days.

[0:00:12] Trustee Elliott: So welcome everyone to the regular business meeting of the South Pender Local Trust Committee.

[0:00:18] Trustee Elliott: My name is Toby Elliott. I'm elected on Gabriela Island in Sinegah territory and here to chair this meeting with my lovely colleagues.

[0:00:27] Trustee Elliott: I just want to begin by acknowledging, as always, that we are grateful to be able to

[0:00:32] Trustee Elliott: gather today in the traditional territories of the Coast Salish peoples, and in particular

[0:00:38] Trustee Elliott: the Wasi'ip'nitch people and Tsid'chot'in speaking peoples who have been stewarding

[0:00:44] Trustee Elliott: and caring for these lands and waters since time immemorial, so we are grateful for their

[0:00:49] Trustee Elliott: leadership and want to have that knowledge informing our decision making today.

[0:00:54] Trustee Elliott: So I'll introduce my colleagues, Trustee Dag Fonk, give me words of hello and welcome.

[0:01:01] Voice 7: Hello. No words of wisdom.

[0:01:04] Trustee Elliott: Wonderful. Christina Evans.

[0:01:07] Trustee Elliott: Hello.

[0:01:08] Trustee Elliott: And our planner, Kim Stockdale.

[0:01:10] Trustee Elliott: Good morning, everyone.

[0:01:11] Trustee Elliott: And we're joined in the background, Sarah Aguilar is our recorder, and Emily Bryant, thank you, in the self-office for hosting our meeting.

[0:01:19] Trustee Elliott: Okay, so we have an agenda before us, and I guess I'll ask if there's any amendments or changes to our agenda.

[0:01:35] Trustee Elliott: Okay, we'll take it by general consent, the agenda be approved, and move into our trustee reports, my favorite time.

[0:01:43] Trustee Elliott: So who would like to go first?

[0:01:46] Voice 7: I really don't have any update, so I'm good.

[0:01:52] Trustee Evans (probable): Since our last meeting I have actually been quite busy. We've had our Trust Council meeting in June

[0:01:59] Trustee Evans (probable): and then we've had a couple of Committee of the Whole meetings that have been dealing with

[0:02:10] Trustee Evans (probable): the, what's it called? Policy statement? Thank you, amendment.

[0:02:16] Trustee Evans (probable): And those have all been in camera, because we've been dealing with legal counsel.

[0:02:28] Trustee Evans (probable): And I do apologize, like I have mentioned, I'm very, very tired right now, so I may just

[0:02:32] Trustee Evans (probable): be stumbling around on my words a bit today.

[0:02:35] Trustee Evans (probable): we've had also eight ceo hiring committee meetings since we last met and so what i've said

[0:02:45] Trustee Evans (probable): is i know that everyone's interested in the progress so we've had the assistance of leaders

[0:02:51] Trustee Evans (probable): international which is a recruiting agency with offices across canada to process and fill the

[0:02:56] Trustee Evans (probable): ceo position that's making along well we've had significant interest from qualified individuals

[0:03:01] Trustee Evans (probable): across the country from a very diverse group of applicants and we're narrowing in on some

[0:03:07] Trustee Evans (probable): potential candidates and we hope to be able to make a recommendation to trust council this fall

[0:03:11] Trustee Evans (probable): with the culturally committed meetings i've attended three of them and so one of them was

[0:03:20] Trustee Evans (probable): by fancy c for trust and this was on the august 21st and she discussed the complicated and

[0:03:26] Trustee Evans (probable): discriminatory history of defining Indigenous identity in Canada. It was a really eye-opening

[0:03:32] Trustee Evans (probable): discussion about Canadian history and some of the very recent changes to legal discrimination

[0:03:37] Trustee Evans (probable): that was very difficult to hear, let alone comprehend living under. It was a very emotional

[0:03:42] Trustee Evans (probable): meeting. Wissanik matriarch Tracey Underwood very generously held a second session on August 30th

[0:03:50] Trustee Evans (probable): for those of us who missed her original talk because she doesn't permit her talks to be

[0:03:54] Trustee Evans (probable): recorded, and she shared about the history of what can only be described as effective genocide of the

[0:04:00] Trustee Evans (probable): Masonic peoples. It was also a very moving and heartbreaking discussion, so I was very grateful

[0:04:06] Trustee Evans (probable): to be in on those meetings and to hear that. We have not had any corporate planning meetings

[0:04:14] Trustee Evans (probable): since we last got together here. With trust programs we've had two, and so we've discussed

[0:04:23] Trustee Evans (probable): the stewardship education secretariat services programs business cases as well as the talk of

[0:04:30] Trustee Evans (probable): four future webinar topics including living with fire for the northern area salt water intrusion

[0:04:36] Trustee Evans (probable): and groundwater conservation removing invasive species and native plant gardening so those are

[0:04:43] Trustee Evans (probable): four potential future upcoming webinars since we've also had two finance committee meetings

[0:04:51] Trustee Evans (probable): and those are moving the budgets along we've had a lot of discussion around the budget assumptions

[0:04:56] Trustee Evans (probable): and principles and guidelines which are going to be sent to trust council for discussion and

[0:05:01] Trustee Evans (probable): hopefully approval on June 4th I had a meeting regarding the dip and that was held with Moti

[0:05:09] Trustee Evans (probable): McElhaney Adam Olson's office and CRD and between Adam Olson's office myself and CRD we came up

[0:05:17] Trustee Evans (probable): the questions that were sent off to MOTI and that's where the Q&A came from that was sent

[0:05:22] Trustee Evans (probable): out to everybody. And I've just had a request to follow up and find out about the bridge repair

[0:05:29] Trustee Evans (probable): schedule so when I follow up with MOTI again I'll ask that question and see if I can get some

[0:05:33] Trustee Evans (probable): information. So that's what I've been involved in since the last year.

[0:05:42] Trustee Elliott: um for the chair's report uh we just came out of executive committee on wednesday

[0:05:47] Trustee Elliott: and approved all the documents to go into the trust council agenda um there is going to be

[0:05:56] Trustee Elliott: a lot of significant uh conversations so one of the items um the trustee put forward was to

[0:06:05] Trustee Elliott: to re-discuss the interpretation of Section 3 of the Adam's Trust Act,

[0:06:15] Trustee Elliott: which is the, or of the object, sorry.

[0:06:18] Trustee Elliott: And so most of that discussion had happened on Pender, September last year.

[0:06:25] Trustee Elliott: And because we were considering legal opinions over the last 20 years,

[0:06:29] Trustee Elliott: a lot of it was in camera.

[0:06:31] Trustee Elliott: And we've gotten a lot of feedback from the public that it wasn't acceptable.

[0:06:34] Trustee Elliott: They really wanted to hear the debate from the trustees and weren't satisfied with the

[0:06:39] Trustee Elliott: consensus statement.

[0:06:40] Trustee Elliott: And so we decided to re-examine it, most of it in open meeting, we may have to go on camera,

[0:06:47] Trustee Elliott: but the intention is to do that in a transparent way so everyone can hear the debate.

[0:06:51] Trustee Elliott: So that's really the question of the preserve and protect mandate and interpretation of

[0:06:56] Trustee Elliott: unique amenities.

[0:06:57] Trustee Elliott: So that's going to be coming up in trust council.

[0:06:59] Trustee Elliott: Another big piece is the policy statement amendment project.

[0:07:04] Trustee Elliott: So, again, I guess a little bit of review last term, Trust Council debated a lot of the ideas and then they put forward what was it 38 recommendations or 32 recommendations, which staff then incorporated, but it never went for legal review.

[0:07:21] Trustee Elliott: you and so there was some um there's had to be a lot of work to sort of say where are we um where

[0:07:29] Voice 4: is this

[0:07:29] Trustee Elliott: sitting with our legislation and so we had to get advice from our legal counsel and had

[0:07:34] Trustee Elliott: basically two meetings in camera and committee of the whole to hear that and it was extremely

[0:07:40] Trustee Elliott: instructive and i

[0:07:42] Trustee Elliott: learned a lot but now we've got to come back out and say okay now there's a new

[0:07:46] Trustee Elliott: draft so it'll be on trust council's agenda should be published today and i have the honor

[0:07:54] Trustee Elliott: and the precarity i guess of chairing a committee a live committee the whole session

[0:08:01] Trustee Elliott: so i'm up

[0:08:03] Trustee Elliott: next so we're going to be debating uh objective three which is the ecosystem protection

[0:08:08] Trustee Elliott: section so um that's going to be a good lively debate um i'm really proud of the work that's

[0:08:16] Trustee Elliott: gone into the policy statement today and committee of the whole is the we're still learning how it

[0:08:22] Trustee Elliott: works so it's really a chance to be more relaxed i don't have to do so much active chairing and

[0:08:28] Trustee Elliott: hopefully we can dispense with some of the formalities and just let people discuss um so

[0:08:34] Trustee Elliott: i'm looking forward to

[0:08:35] Trustee Elliott: that and um and then trust yeah committee the whole can then make a

[0:08:39] Trustee Elliott: recommendation to trust council which if we're organized enough we can you know have a resolution

[0:08:45] Trustee Elliott: in that meeting to say a mental draft.

[0:08:47] Trustee Elliott: And so you'll see that coming up

[0:08:49] Trustee Elliott: and that's going to be a Nanaimo.

[0:08:51] Trustee Elliott: I'm forgetting the other significant piece,

[0:08:53] Trustee Elliott: interpretation of section three, policy statement.

[0:08:57] Trustee Elliott: It's going to come back to me, these meetings.

[0:09:03] Trustee Elliott: And I would say the other one, big one is the policies,

[0:09:07] Trustee Elliott: sorry, the bylaw compliance

[0:09:10] Trustee Elliott: and enforcement review project is coming back before us.

[0:09:14] Trustee Elliott: So for sort of a phase two,

[0:09:16] Trustee Elliott: too. I've had a lot of learning on this front, particularly because on Gabriel Island, we've

[0:09:26] Trustee Elliott: got a non-ferry serviced island that has had a rash of complaints. It's basically like

[0:09:34] Trustee Elliott: an eighth of the island all of a sudden had files opened on like an eighth of the island

[0:09:40] Trustee Elliott: properties. And we've never seen this in the Islands Trust area before. It was just all

[0:09:45] Trustee Elliott: of a sudden it's all this non-compliance and a bunch of complaints. What actually happened

[0:09:50] Trustee Elliott: because of this and I think it's going to be super beneficial is staff came back and said

[0:09:55] Trustee Elliott: we need to do specific bylaw compliance policies for each LTC. It's actually standard for other

[0:10:04] Trustee Elliott: local governments but you know each LTC is a standalone local government but we've only got

[0:10:09] Trustee Elliott: this one overarching policy on bylaw enforcement compliance that is trust council health policy

[0:10:15] Trustee Elliott: sorry if I'm getting into the weeds here but each LTC has sometimes standing resolutions

[0:10:20] Trustee Elliott: that well we're going to debate one potential one of deferral of enforcement on

[0:10:28] Trustee Elliott: short-term vacation rentals so some LTCs have proactive enforcement like my community on

[0:10:37] Trustee Elliott: enforcement rentals so that should be in a policy not just in a standing resolution

[0:10:41] Trustee Elliott: and kind of all over the place so we're looking at tailor-made compliance

[0:10:48] Trustee Elliott: enforcement policies for each LTC and so Trust Council is going to be able to

[0:10:54] Trustee Elliott: debate this but also the larger bylaw enforcement amendment project and

[0:10:58] Trustee Elliott: there's a lot of really good changes coming it's been it's basically you have

[0:11:04] Trustee Elliott: to look at all the problems and all the ways that our residents and community

[0:11:10] Trustee Elliott: members are not being served by the bylaws and then where are the problems okay is it the lub

[0:11:16] Trustee Elliott: is it insufficient is it how we're coming across is it lack of understanding our education so a lot

[0:11:24] Trustee Elliott: of those things can be in play and that's very individual for ltc so very excited about that

[0:11:29] Trustee Elliott: project i will stop talking i can go on and on so it's regional planning committee um also has met

[0:11:38] Trustee Elliott: just September 4th, actually I should update you on this, the Islands Trust has

[0:11:45] Trustee Elliott: a housing strategic action plan and one of the actions identified was to advance

[0:11:53] Trustee Elliott: or seek support from the province to allow tiny homes on wheels in the Islands Trust

[0:11:59] Trustee Elliott: area. What could that look like? But there wasn't really a specific strategy attached

[0:12:04] Trustee Elliott: actually that so trustees decide to form a working group we did a lot of work over the summer

[0:12:10] Trustee Elliott: mapped out the whole as much as we could find the regulatory um framework and why do tiny homes on

[0:12:17] Trustee Elliott: wheels fall in the gap well first of all they're movable like a vehicle but they don't typically

[0:12:23] Trustee Elliott: fit under the vehicle standards but they don't fit under housing csa's or sorry um bc building

[0:12:31] Trustee Elliott: building code standards so there's always been this gap right how do you regulate them safely

[0:12:35] Trustee Elliott: i think we finally defined the problems and um i'm ready to go to upcm which is the union of

[0:12:44] Trustee Elliott: bc municipalities next week held in vancouver we've got a meeting with um ministry of housing

[0:12:51] Trustee Elliott: staff to talk about three different issues and one of them is how can we develop a framework

[0:12:57] Trustee Elliott: work for tiny homes on wheels in the trust area that I think is really exciting because each LTC

[0:13:05] Trustee Elliott: could approach it slightly differently. If you can identify what, who in your community is not

[0:13:12] Trustee Elliott: being served by a single family dwelling on a lot, right? Is it farm workers who need seasonal

[0:13:19] Trustee Elliott: housing? Is it healthcare workers who might need a place to live for two years? So if we're moving

[0:13:27] Trustee Elliott: away from built foundation but we want to safely house people an option is

[0:13:33] Trustee Elliott: these movable safe houses I think if our different LTC's trial it in different

[0:13:41] Trustee Elliott: ways we could see which approach works so I'm actually talking with some North

[0:13:46] Trustee Elliott: Pender trustees today on on that topic so I'll stop there but we're hopeful

[0:13:54] Trustee Elliott: hopeful that we'll be at least starting a conversation with the building standards and

[0:13:59] Trustee Elliott: safety professionals. So it's one of my goals at UBCM. Okay, taking a lot of time. So back

[0:14:09] Trustee Elliott: to our agenda. Is there anything else I can fill you in on? Any questions? On other trust

[0:14:15] Trustee Elliott: council related things? Okay,

[0:14:18] Trustee Elliott: so we have no electoral area directors report. And so open

[0:14:24] Trustee Elliott: in the meeting for town hall and questions um i'm just before we do that i'm going to read out a new

[0:14:30] Trustee Elliott: policy that we it's not a policy it's about a personal recording of public meetings

[0:14:39] Trustee Elliott: and so this has come to our attention from some other ltcs um members of the public wanting to

[0:14:45] Trustee Elliott: record meetings and we don't have a policy on it every local government sort of struggling with

[0:14:51] Trustee Elliott: this in different ways right um we had to come up with a sort of a practice standard practice

[0:14:57] Trustee Elliott: and that's really everyone has a right to record of course this meeting is recorded and

[0:15:03] Trustee Elliott: posted for posterity but um and you as members of the public have the right to record the meeting

[0:15:10] Trustee Elliott: however we ask that you identify that to the chair so that we can check that everybody else

[0:15:16] Trustee Elliott: else in the room is all right with somebody personally recording and if you're not okay

[0:15:21] Trustee Elliott: with that then we would ask the person to stop recording while that person's speaking because

[0:15:26] Trustee Elliott: just as you all have a right to record the meeting everyone else has the right to address the local

[0:15:32] Trustee Elliott: trust committee without having that recorded on somebody's personal device so that's sort of the

[0:15:37] Trustee Elliott: practice um and there is

[0:15:40] Trustee Elliott: a yeah so that's yeah what

[0:15:44] Voice 7: i had to read who um who came up with this

[0:15:47] Voice 7: non-policy director

[0:15:49] Trustee Elliott: marler did some research and um so according to you know the charter of rights

[0:15:58] Trustee Elliott: you you have the right to record any conversation that you are engaged in

[0:16:06] Trustee Elliott: the limit is if a member of the public is engaged in a conversation with the LTC

[0:16:13] Trustee Elliott: that's you can't really have a third party person recording that because what's subject

[0:16:19] Trustee Elliott: to freedom of information act is the other thing we're in a public meeting everything we say is

[0:16:24] Trustee Elliott: subject to act but that's it's complicated I'm not explaining it well but it

[0:16:31] Trustee Elliott: had to be

[0:16:32] Trustee Elliott: checked against all the different pieces

[0:16:35] Voice 7: this is the first time I'm hearing on this

[0:16:38] Voice 7: so I can't make a lot

[0:16:40] Voice 7: of comment except my first

[0:16:42] Voice 7: reaction is

[0:16:42] Voice 7: it doesn't make a lot of sense because

[0:16:45] Voice 7: the recording is happening right now

[0:16:47] Voice 4: which

[0:16:48] Voice 7: is posted on the website

[0:16:49] Voice 7: anybody can go take their phone

[0:16:51] Voice 7: and record the website playing it

[0:16:55] Voice 4: how

[0:16:56] Voice 7: is that different

[0:16:56] Voice 7: than recording the meeting here

[0:16:58] Voice 7: I don't like to get

[0:17:00] Voice 7: bogged down

[0:17:01] Trustee Evans (probable): and so one difference would be they can turn the camera around and show the person's face

[0:17:05] Trustee Evans (probable): where that doesn't happen now we are the only face in here so what that protects is that person's

[0:17:11] Trustee Evans (probable): freedom of communicating with us without having their physical face body

[0:17:20] Trustee Evans (probable): in that recording they have the right to say i do not wish to be reported by a third party i've

[0:17:26] Trustee Evans (probable): stepped willingly into this meeting knowing that it's being reported and you're the only face is

[0:17:29] Trustee Evans (probable): but I do not willingly subject myself to a member of the

[0:17:33] Trustee Evans (probable): public recording me while I'm speaking to

[0:17:35] Trustee Evans (probable): you.

[0:17:38] Trustee Elliott: It's not a perfect approach and like I say lots of most local governments are struggling

[0:17:45] Trustee Elliott: with different approaches and they're being challenged in different ways by constituents

[0:17:49] Trustee Elliott: who want to record for their own reasons so sometimes it's a matter of conflict and you

[0:17:55] Trustee Elliott: You then see that played out, not here, but anyway, we're just, for your information, of course, this meeting is live streamed and recorded.

[0:18:04] Trustee Elliott: But we just ask that if you're going to record it for your own use, you identify that to the chair.

[0:18:08] Trustee Elliott: So everyone else has a choice.

[0:18:11] Trustee Elliott: With that long-winded introduction, let's open the town hall.

[0:18:16] Trustee Elliott: Please raise your hand if you'd like to address the local trust committee.

[0:18:20] Trustee Elliott: If we have a question for staff, we'll ask staff.

[0:18:22] Trustee Elliott: Thank you, sir.

[0:18:28] Voice 11: I thought there was an interesting opportunity to consider that came out of a recent controversy

[0:18:32] Voice 11: about a large house being approved on North Ender.

[0:18:37] Voice 11: So the 12,400 square foot house on 26th and what was approved.

[0:18:42] Voice 11: And I followed quite closely the conversation that was going on in social media and people's

[0:18:47] Voice 11: backlash, if you will, and support and divisiveness around.

[0:18:52] Voice 11: and one of the things I came away with was an annual consideration of house size and so forth

[0:18:59] Voice 11: is coming up so there was a pre-established square footage I don't know what it is on North

[0:19:04] Voice 11: Ender but this far exceeded it and and so I thought that there was an interesting opportunity

[0:19:10] Voice 11: to consider and that is there there was an opportunity I believe to extract certain

[0:19:19] Voice 11: So for example, what I heard was the trade off that this property could have been subdivided and by the virtue of the fact they weren't subdividing it, that was a ring for the community, which to me, it seems like a very low bar.

[0:19:37] Voice 11: So what I've experienced in other places and perhaps one might consider and put this forward to you guys.

[0:19:47] Voice 11: extracting other benefits like for example so if environmental stewardship is a key consideration

[0:19:55] Voice 11: talking about requiring certain building practices for example if you followed or

[0:20:03] Voice 11: here's an example there are things like lead leadership and environmental and

[0:20:11] Voice 11: and I don't even know what it all stands for.

[0:20:13] Voice 11: It's kind of a con word now,

[0:20:15] Voice 11: but it establishes a criteria of building standards

[0:20:19] Voice 11: that is points-based,

[0:20:21] Voice 11: and depending on the types of materials that you use

[0:20:25] Voice 11: or the design, you can gain more points.

[0:20:30] Voice 11: So some communities, for example,

[0:20:33] Voice 11: in Vancouver, major rezoning is required

[0:20:35] Voice 11: to meet the goal as a standard

[0:20:37] Voice 11: to achieve by new development.

[0:20:39] Voice 11: And so in that case, you can see where there's a big trade-off.

[0:20:43] Voice 11: You're getting zoning rights that we didn't have before and having something conferred in return.

[0:20:49] Voice 11: So if the standard is, let's say, it's 5,500 square feet and you're applying for 12,000 square feet, what can we as a community extract that supports our values?

[0:21:00] Voice 11: So rainwater capture would require, instead of putting further burden on the aquifer or risking affecting other properties,

[0:21:09] Voice 11: potable water required that they go to 100% rainwater capture for potable water, imposing

[0:21:15] Voice 11: something like a LEED standard.

[0:21:19] Voice 11: Another example might be having bird strike proof glazing using high fly ash carbon concrete

[0:21:31] Voice 11: or something, but just consider another way to be able to get something back rather than

[0:21:38] Voice 11: just saying, okay, well,

[0:21:40] Voice 4: you

[0:21:41] Voice 11: know, we established a maximum of 7,500. We're going to give you

[0:21:46] Voice 11: another 4,000 square feet just because it would actually make it measurable, put some

[0:21:51] Voice 11: criteria on it that would have broader benefits. So I just bring that forward as an opportunity.

[0:21:58] Voice 4: Thank you, John. Anyone else?

[0:22:04] Voice 13: Well, I guess just, yeah, I'm familiar with the B-standard, but I'm just wondering,

[0:22:11] Voice 13: At what point could it be enforced, you know, so that property is 12,000 square houses 12,000 square feet on 25 acres and I remember listening to the owner and well I don't think he put anything on paper because he wanted to get things done.

[0:22:33] Voice 13: I think that I just don't know how enforceable that would be and then he's already following

[0:22:40] Voice 13: the building code which has some of these changes already I would assume and at what

[0:22:48] Voice 13: point do you say like the 2,000 square feet above for a ratio of property of it it'd be

[0:22:54] Voice 13: kind of hard to enforce I think that's my opinion I

[0:22:58] Trustee Evans (probable): think this would require us looking

[0:23:00] Trustee Evans (probable): into um what effect because what you're discussing is when somebody goes for a variance um so in that

[0:23:07] Trustee Evans (probable): case then you have to take a look at the variance how the variances uh policies are written versus

[0:23:15] Trustee Evans (probable): um putting it into our current file because our current file will say this maximum count size

[0:23:19] Trustee Evans (probable): that you're going to end up if you if you want to go above and beyond that then you're going to go

[0:23:24] Trustee Evans (probable): for a variance so it's the variance would have to be looked at and

[0:23:26] Voice 1: it's worth variance no that's

[0:23:28] Voice 1: what

[0:23:28] Trustee Evans (probable): I mean. What you're asking us to do at this point is, is to take a look at if somebody would

[0:23:34] Trustee Evans (probable): come to us for a variance of a greater than average request, that there'd be something

[0:23:39] Trustee Evans (probable): captured to get something back in return for a really large ask. So

[0:23:47] Trustee Evans (probable): that I think is outside of

[0:23:48] Trustee Evans (probable): what we're doing with the bylaw, that would have to then be a different project looking at how we

[0:23:53] Trustee Evans (probable): We run on variances.

[0:23:55] Voice 11: Countless communities have figured out how to make it work.

[0:23:57] Voice 11: So countless communities have found a way to establish that if you're getting some right conferred on you, that there's a way to police that.

[0:24:05] Voice 11: I have worked in communities where people built more than what they got approved, and they had to tear down their homes.

[0:24:13] Voice 11: So the mechanism does exist if you want to go that way.

[0:24:17] Voice 11: So I'm just saying there's an opportunity here.

[0:24:19] Voice 11: We're setting a maximum.

[0:24:20] Voice 11: we're considering setting a maximum lookout but that may be very clear this is the tool that we're

[0:24:25] Voice 11: going to use to get there then you can extract the benefit through doings you want to build the

[0:24:30] Voice 11: maximum it's this if you want to get your variance you have to do this simple okay i'm

[0:24:36] Trustee Evans (probable): just going to

[0:24:36] Trustee Evans (probable): go to you this will be outside of this project for now for me um looking at how variances are

[0:24:42] Trustee Evans (probable): relevant outside of this project well

[0:24:44] Voice 16: we're looking at reviewing our changing or keeping

[0:24:47] Voice 16: keeping a floor area in the land use bylaw and the outcome of that you know would impact

[0:24:53] Voice 16: development variance permits so you could look at certain aspects of that but what I should say is

[0:24:59] Voice 16: that in a DVP application there can be no conditions attached to it so the LTC either

[0:25:05] Voice 16: approves the variance or does not approve it you can't say yes we're going to approve it but you

[0:25:10] Voice 16: you must build a fence

[0:25:11] Voice 4: so

[0:25:12] Voice 16: you can't do something like that um the north pender ltc what they did do

[0:25:18] Voice 16: is they made an amendment to their ocp and i'll just quickly read what it states and this is

[0:25:25] Voice 16: section 2.1 l on page 17 of their ocp it says if the local trust committee considers development

[0:25:33] Voice 16: variance permit applications to very maximum floor area of residential dwellings the following

[0:25:40] Voice 16: should be incorporated into the building proposal where feasible so what it does is encourage the

[0:25:47] Voice 16: property owner to adopt some of those principles um but again even though they may that doesn't

[0:25:55] Voice 16: mean the ltc must approve it so that's something the ltc could look at as part of as part of this

[0:26:01] Voice 16: application as well um

[0:26:03] Trustee Evans (probable): so then that would be an ocp amendment so that changes the process as well

[0:26:08] Trustee Evans (probable): okay yeah so what it would extend yeah yeah

[0:26:11] Trustee Evans (probable): so this could be looked at separately yeah it could

[0:26:14] Trustee Evans (probable): be yeah so i think that would have to go that route at this point but i think that's a good idea

[0:26:19] Trustee Evans (probable): i like having our community

[0:26:27] Voice 7: I appreciate your bringing it up because I think it's important to keep the local trust

[0:26:34] Voice 7: committee aware that there are opportunities that perhaps could be taken that if we were

[0:26:43] Voice 7: looking the other way we could just approve something and let that opportunity go.

[0:26:48] Voice 7: goal. And I appreciate that. And I've also watched the whole thing on North Pender just

[0:26:54] Voice 7: to learn from it.

[0:26:56] Voice 8: And I have approved that. And so

[0:27:10] Voice 7: what they didn't do there is discuss

[0:27:12] Voice 7: it outside of one meeting. Here, if I'm trustee, we will discuss it a lot more than that. And

[0:27:20] Voice 7: then, you know, that would be the opportunity to bring up these kinds of opportunities that

[0:27:25] Voice 7: That may or may not exist, but you can use it as well.

[0:27:28] Voice 7: And also for the options to turn down.

[0:27:33] Trustee Elliott: So I just want to note that there is a zoning options to address housing needs

[0:27:38] Trustee Elliott: that has some creative approaches on our website.

[0:27:42] Trustee Elliott: It's part of the housing options toolkit that staff have been developing,

[0:27:46] Trustee Elliott: the regional planning team.

[0:27:48] Trustee Elliott: And so they are OCP policy options.

[0:27:51] Trustee Elliott: There's a few LEB options, but I just wanted to read one of them.

[0:27:56] Trustee Elliott: um because it talks about the conservation um bonus density bonus there it is conservation

[0:28:03] Trustee Elliott: density bonus or a home plate zoning model so uh the policies so the the description of that

[0:28:13] Trustee Elliott: um so that was that policy was in your ocp and could be applied to a property so we're talking

[0:28:18] Trustee Elliott: about not at the time or it was rezoned for this so the expectation would be that portions of a

[0:28:25] Trustee Elliott: property developed under a home plate zoning model would set aside land for conservation

[0:28:30] Trustee Elliott: forestry or farming use of such a zoning provision would likely come only by a rezoning application

[0:28:36] Trustee Elliott: but the terms of a corresponding covenant would be negotiated so you could negotiate these areas

[0:28:44] Trustee Elliott: would be set aside for conservation and in return you can have this extra density or larger house

[0:28:52] Trustee Elliott: or something so we're working on these policy potential supports but they'd have to be in your

[0:28:59] Trustee Elliott: ocp i think before um that

[0:29:02] Voice 16: came forward and yes sorry trustee and it's just completely correct

[0:29:05] Voice 16: that any type of ocp amendments is out of scope for this project yeah but

[0:29:10] Voice 16: yeah we've got it but

[0:29:11] Voice 16: it could

[0:29:12] Trustee Evans (probable): be we should put that as a future project because it's a great idea when we get to that

[0:29:17] Trustee Evans (probable): point would like to actually get that on there okay

[0:29:20] Trustee Elliott: anything else other questions comments yes

[0:29:23] Trustee Elliott: yeah

[0:29:23] Voice 9: i just want to support what this gentleman said there um my understanding because i've lived

[0:29:29] Voice 9: in the city most of my life is um that cities municipalities do extract things from developers

[0:29:37] Voice 9: we're creating including a neighborhood that i was recently involved in um saying if you're going to

[0:29:45] Voice 9: get this you're going to give us that so it's it's nothing new in my way of thinking of it

[0:29:52] Voice 9: and makes a lot of sense um and a question because i'm a little bit deaf unfortunately

[0:29:56] Voice 9: so i may have missed something here you were talking about a house

[0:30:00] Voice 9: some of this 12,000 square foot through it's on north pender north pender at the end of uh

[0:30:05] Voice 9: okay i wasn't aware of that one at all but i'm thinking of the one that was on south pender

[0:30:11] Voice 9: a year or two that got approved for oversize that the people said they needed it for their family

[0:30:18] Voice 9: don't in a way temporary because of a mother that needed wheelchair access all sorts of reasons and

[0:30:25] Voice 9: an extended family that I did get approved and I my my feeling in my ignorance was that

[0:30:31] Voice 9: somehow this went through a little too easily there was a lot of feel-good talk about well

[0:30:38] Voice 9: they're good people yada yada yada but my concern is and that may be true is down the road when they

[0:30:44] Voice 9: go to sell the place now those people have expanded um for and they may decide well I'd

[0:30:52] Voice 9: I'd like to do some more or I'd like to reuse this size of a building for other purposes

[0:30:59] Voice 9: that then creates a challenge for the community.

[0:31:03] Voice 9: It's easy to agree to someone doing something at this point,

[0:31:08] Voice 9: but if 10, 20 years down the road there becomes a problem with that building

[0:31:13] Voice 9: because of what the new people want to do with it,

[0:31:17] Voice 9: then we as a community hopefully get involved and do something about it.

[0:31:22] Voice 9: but then it creates a problem that's already existing.

[0:31:25] Voice 9: Now that we've approved to something that's,

[0:31:29] Voice 9: there were bylaws set in place to say there's a limit on what you can build.

[0:31:33] Voice 9: To me, it seems kind of.

[0:31:36] Trustee Evans (probable): I can actually help clarify some of that.

[0:31:38] Trustee Evans (probable): So this approval came to us once we got into term,

[0:31:42] Trustee Evans (probable): the reduced house sizes had just been passed a few months prior.

[0:31:47] Trustee Evans (probable): Their house plans had been designed to the previous house size limits.

[0:31:52] Trustee Evans (probable): so they were under the house size so they had everything done and they'd gone for that building

[0:31:58] Trustee Evans (probable): permit the building permit was held up for approval so when it came to us they had to go

[0:32:04] Trustee Evans (probable): for a variance even though they'd done all the work under the previous ones so this was a crossover

[0:32:10] Trustee Evans (probable): so it was within the house size prior and when they came to us and they explained why they had

[0:32:15] Trustee Evans (probable): made it to the size that they had even though it was under the house size limits before

[0:32:20] Trustee Evans (probable): we had a whole discussion and there wasn't really any community um uh uh opposing this

[0:32:29] Trustee Evans (probable): so it went it went through the process here so does that help answer so it's sort of yeah

[0:32:36] Voice 9: unfortunately i'm operating in somewhat ignorance of all the details obviously but

[0:32:42] Voice 9: But my sense is the overall concern for me is when we, the government, whoever organization

[0:32:52] Voice 9: sets bylaws in place saying this is what the maximum building size is, now, well, we've

[0:33:00] Voice 9: got a loophole.

[0:33:01] Voice 9: You can go for a variance.

[0:33:03] Voice 9: And sometimes that might be quite understandable or make sense.

[0:33:08] Voice 9: But the trouble is once you let one person do it, then other people are going to go for

[0:33:12] Voice 9: for it that and if they can be more persuasive than somebody else then they can get their

[0:33:18] Voice 9: variance which they may perhaps shouldn't have done for the benefit of the community

[0:33:24] Voice 9: it's again it's to me it's like you're opening a back door for people so either make the rules

[0:33:33] Voice 9: bigger or or just you know the rules

[0:33:37] Trustee Evans (probable): can't be changed so we have to be still we still

[0:33:41] Trustee Evans (probable): legislated to have an allowance for variances so we have to have an allowance for variances now

[0:33:46] Trustee Evans (probable): it's up to the people that are sitting here whether or not they permitted or not and there's

[0:33:51] Trustee Evans (probable): a done on a case-by-case basis but it is illegal for us to say you cannot have no variances but

[0:33:57] Trustee Evans (probable): we're also sitting up here saying we have to have bylaws that are livable to reduce the number of

[0:34:03] Trustee Evans (probable): variances that are requested so that it would have to find a balance so what's happened since

[0:34:10] Trustee Evans (probable): since the new by-laws came in,

[0:34:11] Trustee Evans (probable): because the house reduction was quite significant

[0:34:14] Trustee Evans (probable): on the previous house size,

[0:34:16] Trustee Evans (probable): I'm not saying it's right nor wrong,

[0:34:19] Trustee Evans (probable): it's resulted in a lot more variance applications

[0:34:22] Trustee Evans (probable): than we would normally have seen.

[0:34:25] Trustee Evans (probable): So I'm just trying to remember.

[0:34:27] Trustee Evans (probable): I just want to

[0:34:27] Trustee Elliott: take your point, sir,

[0:34:28] Trustee Elliott: that I believe you're trying to say,

[0:34:30] Trustee Elliott: think into the future,

[0:34:32] Trustee Elliott: that we're not just making decisions for today,

[0:34:34] Trustee Elliott: but there are future implications.

[0:34:36] Trustee Elliott: And so I do-

[0:34:38] Trustee Elliott: No, and thank you for interrupting,

[0:34:39] Trustee Evans (probable): but that's kind of where I was getting at.

[0:34:41] Trustee Evans (probable): Okay.

[0:34:41] Trustee Evans (probable): I don't want to argue with the constituents.

[0:34:44] Trustee Evans (probable): It's their town hall.

[0:34:45] Trustee Evans (probable): I know it's their town hall.

[0:34:46] Trustee Evans (probable): I'm explaining, but thank you.

[0:34:49] Trustee Evans (probable): So what we're actually trying to do here is, like I said,

[0:34:53] Trustee Evans (probable): find something that's livable to reduce the number of variances

[0:34:55] Trustee Evans (probable): that are requested.

[0:34:56] Trustee Evans (probable): But we cannot legally say you cannot,

[0:35:00] Trustee Evans (probable): we're striking all variance applications.

[0:35:02] Trustee Evans (probable): You're not permitted.

[0:35:03] Trustee Evans (probable): That's not something we can legally do.

[0:35:06] Voice 9: I get that.

[0:35:07] Voice 9: Forgive me for running on with it.

[0:35:10] Voice 9: And you're correct.

[0:35:12] Voice 9: Toby sorry I'm thinking in future so I made it at the last meeting that I attended which was in

[0:35:19] Voice 9: April I think and it concerned about water water issues that development should be tied

[0:35:27] Voice 9: very strongly to water the capability of the community to support whatever's being built on

[0:35:36] Voice 9: on the land and it was mentioned that there was that was going to get organized at the water

[0:35:41] Voice 9: specialist for the um freshwater

[0:35:45] Trustee Elliott: specialist yeah

[0:35:46] Voice 9: i was gonna come and do a info meeting with us

[0:35:49] Voice 9: and i haven't heard any more about that so i'm curious where that is but it's a similar idea

[0:35:55] Voice 9: for me is that doing the variance thing we're living in the present time obviously with

[0:36:02] Voice 9: legislation or rules that we have, but I would like to think that all of us are thinking

[0:36:08] Voice 9: 10, 20, 30, 50, 100 years down the road, because this is supposedly about islands' trust and

[0:36:15] Voice 9: preserve and protect, not just for us as individuals in this space and time, but it's for

[0:36:21] Voice 9: future people to have the benefit. And my personal concern from growing up in the city is

[0:36:30] Voice 9: Because when it becomes overdevelopment, which is always a push, always a push, and never will stop for developers to want to develop because they can make money out of it.

[0:36:41] Voice 9: Everyone's got to live.

[0:36:43] Voice 9: But when it comes to that, and then down the road, gosh, we don't have enough water anymore with the aquifers, with climate change increasingly being of concern.

[0:36:55] Voice 9: So all of it, to me, is like it becomes, the property becomes more value, less value for the whole island when we don't have enough water, we don't have enough fire protection.

[0:37:13] Voice 9: Those two are prime concerns for me, but the water in particular is.

[0:37:17] Trustee Elliott: Thank you, sir.

[0:37:18] Trustee Elliott: We do take your point, and I do want to limit a little bit the back and forth.

[0:37:23] Trustee Elliott: We want to hear you. This is your time. And so we do hear you.

[0:37:28] Trustee Elliott: So Freshwater is absolutely a project and I neglected to do an update on the Freshwater Sustainability Project.

[0:37:39] Trustee Elliott: If you check the agenda for the Regional Planning Committee of September 4th,

[0:37:44] Trustee Elliott: there is an update with all of the different elements of the Freshwater Sustainability Project over the last five or six years.

[0:37:53] Trustee Elliott: and what is projected for the next couple of years and so the fresh water specialist is working on

[0:37:58] Trustee Elliott: that but i don't want to take up our time to drill too

[0:38:02] Trustee Evans (probable): deeply because i've got two thank you like i

[0:38:05] Trustee Evans (probable): said we've also got the webinar on ground there's a webinar on it as well yeah okay but

[0:38:11] Trustee Elliott: can we can

[0:38:12] Trustee Elliott: we we have heard your point sir there's

[0:38:14] Voice 9: no idea different i just last because i didn't hear an

[0:38:17] Voice 9: answer to my question of what's

[0:38:18] Trustee Elliott: the question is

[0:38:19] Voice 9: there a specialist going to come and do an

[0:38:21] Voice 9: info meeting for south pender i

[0:38:24] Trustee Evans (probable): hadn't heard coming to south pender we could talk about it at

[0:38:28] Trustee Evans (probable): um this is when this was when um uh david maude was sitting in for you that was at the community

[0:38:34] Trustee Evans (probable): information meeting um in north pender at the anglican church and we had said that

[0:38:42] Voice 16: okay um you're

[0:38:44] Trustee Evans (probable): going to look into it

[0:38:44] Voice 16: i have so um we should do i should get a a motion just so that

[0:38:50] Voice 16: we could get staff to do that. I know William is quite busy so if it's in regards to something

[0:38:57] Voice 16: specific for South Bender absolutely it sounds like there's a webinar though that would be not

[0:39:02] Voice 16: South Bender specific so I wonder if we should wait for that first or once we get once

[0:39:10] Voice 16: if the LTC is thinking in a year's time if this current product is starting to wrap up and you're

[0:39:16] Voice 16: thinking about groundwater it's the next project that would be certainly a time for William to come.

[0:39:21] Trustee Elliott: yeah yeah that's yeah it's not it's not directly related to the work that we're doing right now

[0:39:25] Trustee Elliott: yeah but again check that agenda and the webinar on fresh water would be the best sorry explanation

[0:39:32] Trustee Elliott: of how the groundwater um science is informing the land suitability analysis project talk to you

[0:39:41] Trustee Elliott: maybe more at the break because cabrillo island is the first pilot project to figure out the

[0:39:48] Trustee Elliott: methodology of the water balance. So how much water has the island got to support any additions

[0:39:55] Trustee Elliott: to the island? So it is being trialed specifically island by island. That's why we can't just say

[0:40:03] Trustee Elliott: William Schulbach come to South Pender. There is

[0:40:05] Trustee Elliott: no project right now in South Pender,

[0:40:08] Trustee Elliott: but they have done the mapping. So I think that's the best I can answer right now.

[0:40:12] Trustee Elliott: i

[0:40:13] Voice 13: i'd like to support what this gentleman said about um thinking about the future i'm very much

[0:40:20] Voice 13: against approving a larger building based on how many general people might be living in that home

[0:40:30] Voice 13: how many generations or whatever might be living in that home for exactly the same reason that

[0:40:35] Voice 13: it could be sold two years down the road it you know so to me it means nothing i think you have

[0:40:41] Voice 13: to think of the future that way i think that the variance permits should be more based on

[0:40:47] Voice 13: you know whether there's adequate screening and the house that was in question this was way up

[0:40:54] Voice 13: when i felt nobody was ever going to see it um those kinds of things should be making more of

[0:40:59] Voice 13: a difference and obviously within the building code and such such i also have a little bit of

[0:41:06] Voice 13: of a concern um not personally but why somebody why everything has to go out to all of the

[0:41:14] Voice 13: neighbors to approve i think this is very provocative i think it's something that causes

[0:41:19] Voice 13: dissension in a neighborhood because well one you know four or five people might say oh this is fine

[0:41:25] Voice 13: another person says it's not and it's going to cause bad feelings all around um there's always

[0:41:32] Voice 13: is going to be somebody who feels

[0:41:33] Voice 13: sadly about it. I think

[0:41:35] Voice 13: things again should be sticking to

[0:41:37] Voice 13: the building code, how

[0:41:39] Voice 13: you know adequate screening

[0:41:41] Voice 13: whether there's enough

[0:41:44] Voice 13: space and I'm not saying

[0:41:45] Voice 13: that I'm in favour

[0:41:47] Voice 13: of going back to the

[0:41:48] Voice 13: previous

[0:41:51] Voice 13: setbacks but perhaps that

[0:41:53] Voice 13: there's not another building for

[0:41:56] Voice 13: so many feet or something like that

[0:41:58] Voice 13: but I just don't like the idea

[0:42:00] Voice 13: of saying well yeah i'm going to have this many people in this house so yes you should approve it

[0:42:04] Voice 13: based on on that i strongly agree with him because we don't know what's going to happen to him anyway

[0:42:12] Voice 13: that's my so

[0:42:13] Trustee Elliott: is there a question um are you about um the requirement to inform all the neighbors

[0:42:21] Trustee Elliott: um kim uh it's a legislative requirement for

[0:42:25] Voice 16: development permits to notify neighbors just here

[0:42:28] Voice 13: here or no

[0:42:29] Voice 16: it's in the local government act for all development variance permits yeah but even

[0:42:34] Voice 13: even so um i was told by a former trustee that really doesn't matter what happens because he's

[0:42:41] Voice 13: going to make the decision anyway so you know

[0:42:44] Voice 13: but that's it just

[0:42:46] Voice 16: seems to trustee should walk into

[0:42:48] Voice 16: a meeting with an open mind and once a

[0:42:50] Voice 16: decision made and again it's a notice for the neighboring

[0:42:55] Voice 16: bring property owners to be aware of what's going on and then they can write to the ltc to voice

[0:43:00] Voice 16: their opinion

[0:43:01] Voice 4: i

[0:43:02] Trustee Evans (probable): would say one difference with south and i think we're the only island that has

[0:43:06] Trustee Evans (probable): a 300 meter um so south is the only island that has 300 meters to notify every other island is

[0:43:13] Trustee Evans (probable): 100 meters yeah that's that's important i think that should be changed

[0:43:18] Trustee Elliott: so okay interesting other

[0:43:21] Trustee Elliott: Other comments? Yes, sir.

[0:43:22] Voice 12: Yeah, first I heard that number of variances is being used as a measure

[0:43:30] Voice 12: in which we determine how effective our zoning is.

[0:43:35] Voice 12: Is that, did I misunderstand?

[0:43:38] Voice 12: So where did you get that from?

[0:43:40] Voice 12: In relation to Christina's comment about what's happening with these variations

[0:43:47] variations that are being requested

[0:43:48] Voice 12: to zoning. And that then is used by who to determine whether

[0:43:54] Voice 12: the zoning is effective and should be adjusted.

[0:43:57] Trustee Elliott: I'll give you an example from my community.

[0:44:00] Trustee Evans (probable): No, I wasn't saying that that's being used as a tool to measure how effective it is. I'm just

[0:44:05] Trustee Evans (probable): saying that change came through. So we're seeing more variances as a result of it because the

[0:44:10] Trustee Evans (probable): house size were reduced a significant amount. So projects that were already underway had to go for

[0:44:17] Trustee Evans (probable): variances to get their building permit. They were already in works when it changed.

[0:44:22] Trustee Evans (probable): No, no, I'm not disputing

[0:44:23] Voice 12: that. I perfectly understand that point.

[0:44:25] Voice 12: Yeah.

[0:44:25] Voice 12: The question

[0:44:26] Voice 12: was, I think, in relation to your saying something about we're getting a lot of

[0:44:32] Voice 12: variances because the zoning doesn't reflect what society is requesting.

[0:44:38] Voice 12: No,

[0:44:39] Trustee Evans (probable): I think he misunderstood. I got I had two points there. One was the bylaw had recently

[0:44:45] Trustee Evans (probable): changed resulting in smaller house sizes. Let me just finish. And so that resulted in

[0:44:51] Trustee Evans (probable): more more variances coming through. My second point is, which is what Doug and I have been

[0:44:56] Trustee Evans (probable): saying all along,

[0:44:57] Voice 8: is we shouldn't use variances.

[0:45:09] Trustee Evans (probable): So we should look at making the bylaw more

[0:45:12] Trustee Evans (probable): effective rather than using variances as the tool to address issues that are arising.

[0:45:17] Trustee Evans (probable): But

[0:45:17] Voice 12: that's my point, is who is using that strategy? Is it the LTC or is it the developers?

[0:45:25] Trustee Evans (probable): There are no developers here, it's individual owners.

[0:45:29] Voice 12: So the goal is to reduce the number of variances, is that correct? Because you're

[0:45:34] Voice 12: feeling overwhelmed, there's too many variances coming in?

[0:45:37] Voice 12: no

[0:45:39] Trustee Evans (probable): what we're saying is if and this is this is something that is done by a lot of governments if

[0:45:46] Trustee Evans (probable): if you have a bylaw and it's not being effective you can tell it's not being effective because of

[0:45:51] Trustee Evans (probable): the number of

[0:45:52] Trustee Evans (probable): variances that are coming in against that my point so if that's happening

[0:45:56] Trustee Evans (probable): but my community to take it out of

[0:45:58] Trustee Elliott: this community's context

[0:45:59] Voice 8: so a munch land use

[0:46:02] Voice 8: was approved in

[0:46:08] Trustee Elliott: 2018 it still considers driveways and structures garden beds are not allowed in the

[0:46:14] Trustee Elliott: setback and it has a 30 meter setback see every single property on much is non-compliant and so

[0:46:22] Trustee Elliott: if somebody's going to go around and complain about all of those we see a rash of non-compliances

[0:46:27] Trustee Elliott: and then to bring those into compliance sometimes you'd have to do a dvp a development or variation

[0:46:32] Trustee Elliott: variance permit that's ineffective change the land use bylaw so that actually conforms to the

[0:46:38] Trustee Elliott: proper use so there's there's problems in the bylaw which is evidenced by the number

[0:46:44] Trustee Elliott: of a complaints coming in lack of compliance and then

[0:46:50] Voice 12: variances that would need it it's not

[0:46:54] Voice 12: grandfathering in an accepted practice to mitigate the number sometimes

[0:46:58] Trustee Elliott: not but if every driveway is

[0:47:01] Trustee Elliott: a structure and is in the setback and every driveway is out of compliance that means it's

[0:47:07] Trustee Elliott: just it's a mistake somebody did something that was going to have this ridiculous impact so either

[0:47:13] Trustee Elliott: we bypass it or you change the bylaws that it actually is effective so

[0:47:18] Voice 12: what you're talking

[0:47:19] Voice 12: about is small tweaks we're not talking about gross inflations of property side um square

[0:47:27] Voice 12: footage you're talking about

[0:47:28] Voice 12: tweaking irritants such as uh setbacks not being within a certain

[0:47:34] Voice 12: quite

[0:47:35] Trustee Elliott: considerable um issues another example is they have 10 percent lot coverage allowance

[0:47:42] Trustee Elliott: some of the lots are so small and with the setbacks from the screening they can literally

[0:47:47] Trustee Elliott: only place their cistern house and shop in a certain area and it's more than 10 percent of

[0:47:54] Trustee Elliott: the lot and that is a lot of the properties so there there can be very significant issues that

[0:47:59] Trustee Elliott: whoever was drafting the bylaws in the beginning did not foresee or it was too broadly applied to

[0:48:06] Trustee Elliott: all the lots no matter what size right so we have to look at that again and go maybe lots of us

[0:48:11] Trustee Elliott: under a certain size they they needed 20 lot coverage for instance so there can be some

[0:48:17] Trustee Elliott: significant impacts and you need to address that through your land use by law it's not appropriate

[0:48:22] Trustee Elliott: to have just a series of variances as a tool to remedy it.

[0:48:27] Voice 2: Okay, good answer.

[0:48:29] Trustee Elliott: Thank you.

[0:48:30] Trustee Elliott: Sir?

[0:48:32] Voice 2: Just for clarification,

[0:48:34] Voice 2: I'm not aware that there have been variances requested

[0:48:39] Voice 2: on self-pandered since the new bylaws came in

[0:48:43] Voice 2: and people from beforehand had to deal with that.

[0:48:49] Voice 2: So I'm just going to ask if there have been, because at the meetings we've been at, I haven't

[0:48:56] Voice 2: seen those come up.

[0:48:59] Trustee Evans (probable): There

[0:48:59] Trustee Elliott: were definitely in the beginning.

[0:49:00] Trustee Elliott: Just two, I believe.

[0:49:03] Trustee Elliott: Yeah.

[0:49:03] Trustee Elliott: Right at the start.

[0:49:04] Trustee Elliott: Yeah.

[0:49:07] Voice 15: Isabel?

[0:49:07] Voice 15: I just want to clarify just about variances, because I think it needs to be clear that

[0:49:12] Voice 15: if the variance is being approved by the trust committee, the requirements for notification

[0:49:17] Voice 15: are different than if it's going to the Board of Variants, which is a separate process and

[0:49:21] Voice 15: very limited as to who. It's only immediate neighbours, I think, who have contact with

[0:49:25] Voice 15: I would like to double-check.

[0:49:26] Voice 15: I'm pretty sure, but there is a difference. So there are two types of variances which

[0:49:31] Voice 15: also confuses the whole situation.

[0:49:36] Trustee Evans (probable): And we don't get to see the Board of Variants.

[0:49:39] Voice 15: We only get

[0:49:40] Trustee Evans (probable): to see one side of the variances.

[0:49:43] Trustee Evans (probable): Okay.

[0:49:47] Voice 11: For transparency, I've been watching the LTC or the APC listen to the meetings and I know the recommendations that have been put forward and I know what our zoning is, there was some discussion about, specifically with regard to siderate setbacks, there was some discussion about screening and one of the panel members,

[0:50:12] Voice 11: maybe panel members talked about maybe implementing a requirement for landscape screening and that

[0:50:17] Voice 11: could be as little as three feet and that there was a concern about potentially privacy and noise

[0:50:22] Voice 11: and so I thought it would be interesting to know from a from an actual basis if there's

[0:50:29] Voice 11: broad implications of a setback depth of width so I pose a question to Kim and to Robert

[0:50:37] Voice 11: Robert, and potentially to if there's an arborist on staff, what I'm aware of is when you clear

[0:50:45] Voice 11: forest and you leave an edge, obviously, that that edge is quite susceptible to blow down.

[0:50:53] Voice 11: The trees are much more at risk.

[0:50:55] Voice 11: And wind is certainly, on the south side of the island, we deal with wind for six months

[0:51:01] Voice 11: a year.

[0:51:01] Voice 11: year and what I wondered was if there was any benefit of having you know so instead of or I

[0:51:09] Voice 11: think the recommendation is 10 feet on either like a 10 foot side yard setback that's the

[0:51:14] Voice 11: recommendation of the ABC and so my question was so if that's 10 feet and 10 feet of adjacent

[0:51:20] Voice 11: property is there any potential benefit that can be gained from having a you know 20 and 20 is 40

[0:51:27] Voice 11: more likely to improve the viability of the trees that are being retained. And I

[0:51:34] Voice 11: know in speaking with someone who does a lot of site work that you can often

[0:51:41] Voice 11: identify certain trees as being protective or barrier trees where they

[0:51:47] Voice 11: seem to shield other trees. And so if you do your clearing to give

[0:51:55] Voice 11: better protection to those trees making sure the roots aren't impaired and everything else it can

[0:52:00] Voice 11: they can improve the sustainability of the other trees and so i just wondered if there's some

[0:52:06] Voice 11: evidence in there so i did find some studies on balsam forests and other

[0:52:13] Voice 11: conscious forests that talked about blow down and how topography can really impact so they

[0:52:19] Voice 11: We talked about riparian subs and how valleys where there's

[0:52:27] Voice 11: prominent wind, that width can really impact the sustainability

[0:52:32] Voice 11: of forest areas.

[0:52:34] Voice 11: So it was a question I thought the ABC might be interested in

[0:52:37] Voice 11: knowing the information on it, but also as part of your

[0:52:39] Voice 11: consideration, because I don't know what the answer is.

[0:52:41] Trustee Evans (probable): I've sent that question to

[0:52:42] Voice 11: Ken and Robert.

[0:52:44] Trustee Evans (probable): So maybe that can be bolded into us once the answer is found.

[0:52:46] Voice 16: Robert and I are not arborists so we can't we don't have the scientific rationale but if that's

[0:52:52] Voice 16: something the LTC would like you could give the board a motion to that information but we don't

[0:52:57] Voice 16: have it on hand.

[0:52:58] Trustee Elliott: Trustee Falk had a comment. Yeah I

[0:53:01] Voice 7: think I'm correct we don't have any authority

[0:53:05] Voice 7: over tree cutting right so a setback has no relationship to trees standing or not standing

[0:53:12] Voice 7: So I'm not sure, but

[0:53:15] Voice 11: the one that came up was about eventually mandating one of the recommendations being looking at landscape buffers and trying to to improve and to improve their privacy.

[0:53:27] Voice 11: And so you mean to allow landscape buffers versus, well actually I think the discussion was about mandating potentially.

[0:53:34] Voice 11: potentially and then there was an audience speak to it but like there was some discussion around

[0:53:39] Voice 11: also I know um uh there were Donna and Donna raised about the next next door neighbor's lot

[0:53:47] Voice 11: being completely clear and they're keeping the trees on their lot and it impacts their trees

[0:53:51] Voice 11: and so forth so so

[0:53:53] Trustee Elliott: I just want to know in in our minutes from one of the APC meetings on page 15

[0:53:58] Trustee Elliott: which was news to me right in the middle I think of that discussion on landscape screening

[0:54:03] Trustee Elliott: And perhaps we could talk about that when we get to our discussion that the Local Government

[0:54:08] Trustee Elliott: Act permits a local trust committee to include screening and landscaping for three reasons,

[0:54:13] Trustee Elliott: masking or separating uses, preserving, protecting, restoring and enhancing the natural environment

[0:54:20] Trustee Elliott: and preventing hazardous conditions.

[0:54:22] Trustee Elliott: So I think there already is, it looks like there is the permitted function for that,

[0:54:33] Trustee Elliott: whether that is in our land use by-law or we're considering those is another

[0:54:40] Trustee Elliott: question perhaps that's something we do need to think about good point thank you

[0:54:47] Trustee Elliott: sorry a few others it's

[0:54:53] Voice 6: kind of in response to John I think Kim did some

[0:55:01] Voice 6: some research on the effectiveness of putting a screen,

[0:55:06] Voice 6: landscape screen, potential between them

[0:55:09] Voice 6: and it was determined that it's not really feasible

[0:55:13] Voice 6: to mandate a certain type of screen

[0:55:18] Voice 6: or screening of any.

[0:55:22] Voice 6: So I don't think that's why we spent a lot more time on it.

[0:55:28] Voice 6: and Kim might be able to address a little bit better than me but

[0:55:33] Voice 6: there was thought put into it when the request put forward as a matter of fact we

[0:55:39] Voice 6: ended the meeting to allow this research to be done and to hear a report back on the next

[0:55:47] Voice 6: next meeting which is the second.

[0:55:52] Trustee Elliott: So yeah noting that the advisory planning commission agreed to

[0:55:56] Trustee Elliott: request hunter stockdale provide more information to the commission to go to chair lot screening

[0:56:00] Trustee Elliott: options discussed today and discussion relevant information so yes we'll have to bring some

[0:56:07] Trustee Elliott: of that to go back it's great thank you i'd

[0:56:10] Voice 13: just like to i'm not sure um john purchased his property

[0:56:15] Voice 13: but i just wanted to remind you that we just went to 25 setbacks we've always had 10 setbacks here

[0:56:25] Voice 13: as it has every other island with RR1 and RR2 properties.

[0:56:32] Voice 13: They're all the same except for Galliano,

[0:56:34] Voice 13: but their RR1 and RR2 properties are different than ours.

[0:56:38] Voice 13: They require larger lands.

[0:56:45] It's like, I think it's 1.2

[0:56:46] Voice 13: hectares

[0:56:48] Voice 13: for subdivisions and something else as well.

[0:56:51] Voice 13: So they're different.

[0:56:52] Voice 13: their village residential is the same as ours so of the six major southern gulf islands we're the

[0:56:59] Voice 13: only ones who have recently gone to 20 foot setbacks nobody else has them and trying to

[0:57:05] Voice 13: i think that if you're required to put landscape screening in and say you've got a building that's

[0:57:13] Voice 13: well any size building are you then going to be required to go out and buy 20 foot trees with

[0:57:20] Voice 13: How would that be possible? I just don't understand how that could happen.

[0:57:25] Voice 13: Fencing, yes, I understand fencing, and we just built an accessory building that's fairly...

[0:57:32] Voice 13: that could be looking over our neighbours from our stairs, and we put a fence downstairs so that we, you know, not doing that.

[0:57:42] Voice 13: And I think there are many ways that this can be handled otherwise.

[0:57:46] Voice 13: ways I don't understand the point about noise because well I don't know about anybody else

[0:57:54] Voice 13: but I can hear a lot in my surrounding neighborhood an extra 20 feet 10 you know

[0:58:01] Voice 13: I'm not going to make much difference I don't think

[0:58:09] Trustee Elliott: so um in our comments try to make your comments to the local trust committee and not with one

[0:58:16] Trustee Elliott: another that's that is something so we can take that in and try to inform

[0:58:21] Trustee Elliott: our decision thank you

[0:58:23] Trustee Elliott: that's all good just a reminder yes thank

[0:58:28] Voice 10: you um two things one i'd like to thank trustees for your

[0:58:35] early reports um both were

[0:58:38] Voice 10: informative and really helpful to give the community a sense of what

[0:58:42] Voice 10: Trust Council is doing. Christina, I especially appreciated your report about the First Nations

[0:58:48] Voice 10: and also sharing the impact on you for that. I think that that's helpful for us to see things

[0:58:55] like

[0:58:55] Voice 10: that in the community. And Toby, your report about the issues that Trust Council is wrestling

[0:59:01] Voice 10: with encourages me to sign up to view some of those things online. So that's helpful.

[0:59:10] Voice 10: On the issue of variances, and I think that was a very important discussion and I hope it's one that

[0:59:16] continues because it's a very important issue with a

[0:59:20] Voice 10: spectrum of views on it that

[0:59:23] Voice 10: all have to be heard. One view that I didn't hear was the importance of the

[0:59:31] Voice 10: OCP and the goals and objectives in the OCP in determining whether to vary what the

[0:59:37] Voice 10: the land use bylaw calls for and I would just add that thought to the mix because that really

[0:59:44] Voice 10: is the guidance that the Islands Trust Act provides for trustees as a starting point

[0:59:52] Voice 10: for considering and certainly you want to consider what people's wishes are in the community

[0:59:57] Voice 10: in the broad sense but those

[1:00:00] Voice 10: those views within the community are within the context of the ocp which is our community

[1:00:08] Voice 10: constitution so i i think those discussions should be starting with ocp goals and objectives and then

[1:00:16] Voice 10: talking about broader things that's just one perspective that's my opinion thank you

[1:00:22] Trustee Elliott: reminder okay any other comments yes sir

[1:00:27] Voice 2: i i don't know if this is the right place to talk

[1:00:30] Voice 2: about this or not but um the advisory planning commission recommendation for setbacks uh to

[1:00:37] Voice 2: women from 20 feet to 10 feet i just wanted to express my disappointment in that i think a 10

[1:00:45] Voice 2: foot setback side setback is is really not very conducive to our rural lifestyle it's much more

[1:00:56] Voice 2: more of a city setback constraint and to be within,

[1:01:06] Voice 2: if you have two houses that are 20 feet apart

[1:01:09] Voice 2: from each other, the privacy is very difficult to arrange.

[1:01:15] Voice 2: It'd be like a dag and I this far apart from each other.

[1:01:22] Voice 2: If I have the window open,

[1:01:23] Voice 2: he's gonna hear everything I say.

[1:01:25] Voice 2: and so I was a bit disappointed with that and and I mean even to do the

[1:01:33] Voice 2: pump of mine the 15 feet I think would be helpful but my sense is that that's

[1:01:39] Voice 2: not really very conducive to their real lifestyle that the official community

[1:01:45] Voice 2: plan is trying to

[1:01:46] Voice 2: sure. Yeah. And I

[1:01:48] Voice 14: just want to completely agree with

[1:01:52] Voice 14: Barbara. I mean, it's just, you're looking in each other's

[1:01:55] Voice 14: windows. It was just, you know, privacy. I mean, and that's what

[1:01:59] Voice 14: we most of us have come here for peace, a little bit of distance

[1:02:04] Voice 14: from really enjoying like,

[1:02:12] Voice 1: I just

[1:02:14] Voice 6: want to make a comment here for maybe folks that don't know the APC makes recommendations

[1:02:20] Voice 6: only they're not anything that the trustees have to accept or or follow so just to be clear

[1:02:31] Voice 6: that that's what happens if

[1:02:37] Voice 16: I made sure yeah okay sorry I just want to go back to what

[1:02:41] Voice 16: we first discussed was inviting William Shulbaugh and thank you for picking that up I did go through

[1:02:48] Voice 16: previous minutes and it was regarding the definition of freshwater so I've made a note

[1:02:53] Voice 16: of that here and I'll work with him to provide more information on that definition and then if

[1:03:00] Voice 16: the ltc requests it we can ask william to attend a future cim but it's noted so thank you great

[1:03:07] Voice 4: thank you for that definition of fresh water did you

[1:03:10] Voice 12: um just for my benefit tell me what the

[1:03:14] purpose of the ocp is then if if it can be disregarded

[1:03:19] Voice 12: according to this gentleman's

[1:03:21] Voice 12: comment did i misunderstand acp acp apc the official

[1:03:27] Trustee Elliott: community plan is your guided document

[1:03:29] Trustee Elliott: document.

[1:03:39] Trustee Evans (probable): The OCP is the Official Community Plan, the APC is the Advisory Planning Commission.

[1:03:45] Trustee Evans (probable): Very different functions.

[1:03:47] Trustee Evans (probable): The OCP is a document, the Advisory Planning Commission is made up of members of the community.

[1:03:51] Trustee Evans (probable): All right.

[1:03:52] Trustee Evans (probable): Thank you.

[1:03:53] Voice 7: Excellent.

[1:03:54] Voice 7: And don't worry, I'm still struggling.

[1:03:55] Voice 7: winter by

[1:03:56] Trustee Elliott: the time four years is over i think

[1:04:01] Trustee Elliott: i got to jk

[1:04:04] Trustee Elliott: all right um so there's no further comments uh we do have another opportunity for uh comments

[1:04:15] Trustee Elliott: at the end of the meeting once you've heard us deliberating but uh i think we'll consider

[1:04:20] Trustee Elliott: are all closed for now and move on to our minutes so there are just one set of LTC minutes already

[1:04:31] Trustee Elliott: adopted so they're there for information from May 10th 2024 and of course we've got the APC

[1:04:39] Trustee Elliott: those are related to the LUB project and

[1:04:44] Trustee Evans (probable): some resolutions

[1:04:45] Trustee Elliott: for them meeting as well

[1:04:46] Trustee Elliott: We did have resolutions, is that what you mean?

[1:04:49] Trustee Elliott: Yeah.

[1:04:49] Trustee Elliott: I missed that.

[1:04:52] Trustee Elliott: Right.

[1:04:52] Trustee Elliott: To appoint the APC secretary.

[1:04:54] Trustee Elliott: Right.

[1:04:54] Trustee Elliott: So that's just noted for...

[1:04:56] Trustee Elliott: Thank you for these excellent minutes.

[1:04:59] Trustee Elliott: Or did them?

[1:05:00] Trustee Elliott: Who was the minute taker there?

[1:05:01] Trustee Elliott: Carly.

[1:05:03] Trustee Elliott: They are really good.

[1:05:05] Trustee Elliott: I liked a lot.

[1:05:07] Trustee Elliott: Okay.

[1:05:11] Trustee Elliott: So follow-up action list on page 22, our opportunity to ask our excellent planner questions or

[1:05:17] Trustee Elliott: or get updates.

[1:05:19] Trustee Elliott: You'll note there is a progress bar, which is new.

[1:05:22] Trustee Elliott: Some trustees had asked for more of a refinement on status

[1:05:28] Trustee Elliott: than just in progress or complete.

[1:05:31] Trustee Elliott: So it's still being filled out with varying success.

[1:05:37] Trustee Elliott: So 51% complete, how did that happen?

[1:05:42] Trustee Elliott: I did not

[1:05:43] Trustee Evans (probable): touch the list, it looks done.

[1:05:45] Trustee Evans (probable): Yeah, I'd have to say completed, but there's 0% in progress.

[1:05:49] Trustee Evans (probable): I

[1:05:49] Voice 16: don't think the system's quite talking to each other.

[1:05:52] Voice 16: It's just added to our follow-up action list with no notice to staff whatsoever.

[1:05:56] Voice 16: So I didn't even realize they were there.

[1:05:59] Voice 16: Well, the tech

[1:06:00] Trustee Elliott: staff was saying, what are the metrics for this progress bar?

[1:06:03] Trustee Elliott: Like, what are we...

[1:06:04] Trustee Elliott: Anyway, so still ongoing.

[1:06:08] Trustee Elliott: Is there anything...

[1:06:10] Trustee Elliott: Do you have any questions on that or updates, yes?

[1:06:14] Voice 16: Yes, so I did contact the applicants in regards to the subdivision

[1:06:20] Voice 16: that requires the covenants to be signed by chair,

[1:06:24] Voice 16: and they're still in progress.

[1:06:28] Voice 16: So they're still working on it.

[1:06:31] Voice 16: It's taken a long time.

[1:06:33] Voice 16: They had confusion who the CRD was versus Ida's Trust,

[1:06:37] Voice 16: so there are some bumps in the road, unfortunately.

[1:06:39] Voice 16: but they've figured it out. So hopefully we'll receive that covenant or the Chair will be receiving it soon for some signature.

[1:06:46] Voice 16: Ready to sign.

[1:06:47] Voice 16: Yep.

[1:06:47] Trustee Elliott: Okay.

[1:06:48] Trustee Elliott: Okay.

[1:06:50] Trustee Elliott: All right. Well, nothing further there. Then we'll move into the staff report on our minor LUB amendments project.

[1:07:00] Trustee Elliott: Candace, would you like to introduce the project?

[1:07:03] Trustee Elliott: Thanks.

[1:07:03] Voice 16: Thank you.

[1:07:04] Voice 16: of the board. So this staff report is to provide an update to the LTC in regards to the two sets

[1:07:12] Voice 16: of minutes we've received from the APC. To refresh the LTC's memory, the LTC gave direction to staff

[1:07:21] Voice 16: at the last meeting to send a referral to the APC, specifically commenting on three topics,

[1:07:28] Voice 16: setback from the natural boundary of the seat,

[1:07:31] Voice 16: the interior or the setbacks from the interior

[1:07:35] Voice 16: and exterior side lot lines for rural residential zone

[1:07:39] Voice 16: dwellings and cottages and the total floor area

[1:07:42] Voice 16: and maximum floor area for dwellings.

[1:07:46] Voice 16: So included in the staff report,

[1:07:48] Voice 16: I've pulled out the resolutions from the APC minutes.

[1:07:53] Voice 16: They're also attached to the staff report.

[1:07:56] Voice 16: The APC is still planning to meet over the next couple months, so they have talked about the setback to the natural boundary of the sea and the setback from the A3 lot line.

[1:08:08] Voice 16: To be still discussed is maximum 4 area and some other minor technical amendments like height to a dwelling.

[1:08:16] Voice 16: So those will be coming together in the next couple months. The next meeting is on October 4th.

[1:08:22] Voice 16: So I'm just going to highlight the APC recommendations to date.

[1:08:27] Voice 16: The first is in regards to the setback to the natural boundary of the sea.

[1:08:33] Voice 16: So the South Pender APC in their minutes recommend to the LTC to retain that 15-meter setback

[1:08:41] Voice 16: as it's currently regulated in the South Pender Land Use Bylaw.

[1:08:45] Voice 16: The one suggested change the LTC may wish to consider is to amend that clause by removing the term an appropriate qualified person and changing that to substantive evidence to establish.

[1:09:05] Voice 16: establish. So that gives the property owner, that's the clause that I think to rebuild

[1:09:12] Voice 16: within the setback to the natural boundary and see they have to provide some proof. And so this

[1:09:17] Voice 16: gives a little bit more wiggle room for the property owner that's a substantive evidence

[1:09:21] Voice 16: to establish the siting. So that could be an old site plan, pictures, or an affidavit from a

[1:09:27] Voice 16: previous property owner or or neighbor. So if the LTC wishes to pursue that EPC recommendation

[1:09:37] Voice 16: that would involve a amendment to the land use bylaw. The next topic is the interior and exterior

[1:09:46] Voice 16: line setback for rural residential zoned dwellings and cottages and the current land use bylaw

[1:09:54] Voice 16: requires a setback of six meters for new buildings and structures and the APC has

[1:10:01] Voice 16: put forward a recommendation to the LTC to refer to that setback to the 10 feet

[1:10:07] Voice 16: that was previously stated in the land use by law prior to the

[1:10:12] Voice 16: adoption of 122. So in order to achieve this the LTC would

[1:10:19] Voice 16: have to amend the lub to delete two of those subsections so i provided uh the project charter

[1:10:27] Voice 16: that the timeline for the project charter or kind of the project charter and there are some tweaks

[1:10:31] Voice 16: that need to be made um so we're the apc is still are reviewing those three or the topics and so

[1:10:40] Voice 16: they'll provide their final comments for the december meeting so that moves back the drafting

[1:10:47] Voice 16: potential drafting of the bylaws and first reading to probably early to late spring but that doesn't

[1:10:53] Voice 16: change the goal of bylaw adoption for the fall of 2025 so staff have put forward a recommendation

[1:11:00] Voice 16: to change the project charter timeline based on what you see in the staff report

[1:11:07] Voice 16: the ltc there's also other alternatives there the ltc could request further information from the

[1:11:14] Voice 16: the APC or from staff or to receive this for information as I mentioned the APC minutes

[1:11:21] Voice 16: are attached to the staff report as well as correspondence from one of the APC members

[1:11:27] Voice 16: that's attached as well for the LTC's consideration so the next steps would be for

[1:11:33] Voice 16: the resolution resolutions put forward for staff to amend the project charter and to continue to

[1:11:40] Voice 16: work with the south pender apc over the next few months and then provide a final recommendation

[1:11:46] Voice 16: for the december south pender ltc meeting and i'm happy to answer any questions the ltc may have and

[1:11:53] Voice 16: we have three numbers of apc here as well right there's

[1:11:59] Voice 11: an error yes um the six meters does that

[1:12:04] Voice 11: not just apply to dwellings is not the strike buildings and structures so accessory buildings

[1:12:09] Voice 11: and so forth oh

[1:12:10] Voice 16: pardon me yes uh so for setback for dwellings or a cottage yes thank you

[1:12:15] Voice 7: um

[1:12:18] Voice 7: i'm wondering do you kim do you feel like we are risking running over our term

[1:12:26] Voice 7: before we uh complete this this uh minor project

[1:12:31] Voice 7: i'm just wanting to ask you to warn us if you think we're in danger of running over because

[1:12:39] Voice 7: because I think it would be important to actually complete this.

[1:12:42] Voice 16: I agree, and I think that's a really important question,

[1:12:45] Voice 16: something to discuss.

[1:12:46] Voice 16: I think what the LTC has done well

[1:12:49] Voice 16: is done a lot of community engagement

[1:12:51] Voice 16: at the very beginning of the project

[1:12:53] Voice 16: and also engaging the APC.

[1:12:56] Voice 16: So the next meeting, you'll have a lot of information

[1:12:58] Voice 16: on what you've heard from the community and APC members.

[1:13:02] Voice 16: So I'm hoping that the LTC at that point

[1:13:04] Voice 16: would be ready to draft bylaws.

[1:13:06] Voice 16: And at that point, the project does actually

[1:13:09] Voice 16: move a lot quicker and there will still be room for a public engagement um perhaps as another

[1:13:15] Voice 16: community information meeting but i think that if the ltc sticks with the timeline as presented in

[1:13:22] Voice 16: the project charter there is high hopes for getting this done we

[1:13:25] Voice 7: haven't stuck to it very

[1:13:26] Voice 7: well so far we've done free

[1:13:30] Trustee Elliott: work yeah that is the real key is you get if you get bogged down

[1:13:35] Trustee Elliott: at public hearing and suddenly oh this is not okay then you really got to go back to the drawing

[1:13:42] Trustee Elliott: board and the

[1:13:42] Voice 7: project wouldn't have success part of my question is to remind us all yes we have to

[1:13:48] Voice 7: pay attention to this to watch the timing yeah and

[1:13:51] Voice 7: there might be times when we make decisions

[1:13:56] Voice 4: based

[1:13:57] Voice 7: on needing to complete it you know

[1:13:59] Voice 7: like we may we may have to cut something short or

[1:14:02] Voice 7: or truncate something or something else and not adding new and keeping discussion focused

[1:14:08] Voice 7: as we go forward because we don't want to last minute get kind of big new topics coming

[1:14:14] Voice 7: up

[1:14:14] Voice 1: that could

[1:14:15] Voice 7: sort of derail our timeline or open discussion and transparency and all

[1:14:20] Voice 7: that but we also have to keep this in mind

[1:14:22] Trustee Elliott: yes we want to finish the project

[1:14:24] Voice 7: that's it

[1:14:25] Voice 7: so

[1:14:26] Trustee Elliott: on that point um so public hearing a note it says if necessary and i thought maybe we

[1:14:32] Trustee Elliott: We can have a little discussion after we discuss the content or anything else in your report.

[1:14:37] Trustee Elliott: But there is new legislation that allows local governments to waive public hearing if the drafted amendments comply with your OCP.

[1:14:52] Trustee Elliott: So it's going back to that point of your OCP is the guiding document.

[1:14:56] Trustee Elliott: and because I'm on executive committee we see this all the time our only job really is to confirm

[1:15:04] Trustee Elliott: that the bylaw amendments coming you know meet the conditions of the policy statement or don't

[1:15:12] Trustee Elliott: do not contravene and that staff have done their job checking that it complies with the OCP so

[1:15:16] Trustee Elliott: actually we could waive public hearing and maybe Kim you could explain what that process would be

[1:15:23] Trustee Elliott: if the LTC chose you don't have to but it allows us to expedite the process a bit

[1:15:28] Voice 7: maybe in the next

[1:15:30] Voice 7: question period we can get some feedback from you for

[1:15:33] Trustee Evans (probable): sure and again I think it will also be

[1:15:37] Trustee Evans (probable): a feeling from us as to whether or not this is a good move for the community for us to leave it

[1:15:44] Voice 4: so

[1:15:45] Trustee Evans (probable): I would rather keep the option open yeah it's just

[1:15:50] Trustee Evans (probable): to know that that

[1:15:50] Trustee Elliott: is an option

[1:15:51] Trustee Elliott: yeah yeah

[1:15:52] Trustee Elliott: yeah okay so any questions on the report the progress so far what you've heard trustees

[1:15:59] Trustee Elliott: just not further from me

[1:16:02] Trustee Evans (probable): really questions or anything um so it's nice to see that the abc

[1:16:08] Trustee Evans (probable): came back and said that they're in support of keeping the the c setbacks as they currently are

[1:16:14] Trustee Evans (probable): are so um i'm quite happy to hear that um i don't know how you feel that but if we if we both feel

[1:16:23] Trustee Evans (probable): and then got the response back that people are happy with it the way that it is do we then remove

[1:16:29] Trustee Evans (probable): this item from our discussion

[1:16:32] Voice 4: because

[1:16:34] Trustee Evans (probable): if we're not making any changes why would we keep it on here

[1:16:38] Trustee Evans (probable): well

[1:16:38] Trustee Elliott: you'd have to make a decision whether still you um go with this recommendation as we've said

[1:16:44] Trustee Elliott: it is just a recommendation. Exactly.

[1:16:47] Voice 7: Well my feeling is we should wait until we got it all.

[1:16:50] Trustee Elliott: We

[1:16:51] Voice 7: get everything. Because one thing might affect another and so on.

[1:16:56] Trustee Evans (probable): Okay.

[1:16:57] Voice 7: Instead of piecemeal doing one thing, one thing.

[1:17:00] Trustee Evans (probable): Yeah I just worry about having

[1:17:04] Trustee Evans (probable): the whole discussion as a whole because that's a lot of information and then that can get sidetracked

[1:17:10] Trustee Evans (probable): is

[1:17:10] Voice 7: derailed. Well we're going to do one line at a time type of thing right so I mean that's the

[1:17:16] Voice 7: task it's in my mind for sure but that's what we're tasked with.

[1:17:23] Trustee Evans (probable): So yeah I was reading over

[1:17:25] Trustee Evans (probable): there with regards to so I guess I guess I do have one question with regards to the

[1:17:34] Trustee Evans (probable): setback from the sea and this comes from I just want to ask the APC or Kim or whomever whether

[1:17:43] Trustee Evans (probable): or not the workshops were discussed because one of the workshop requests that seemed to sit well

[1:17:50] Trustee Evans (probable): with the community at the time was coming up with zoning areas for like boundary pass area where

[1:17:56] Trustee Evans (probable): they're very narrow from the road to the sea and that caused a lot of issues having that set 50

[1:18:03] Trustee Evans (probable): feet um and if that i don't know if this if this was discussed or not um so if that was done as a

[1:18:12] Trustee Evans (probable): different zone area then that's that section went back to 25 feet or if that was discussed it was

[1:18:17] Trustee Evans (probable): determined that that wasn't wasn't needed or required because we did have some people from

[1:18:22] Trustee Evans (probable): that community expressing concerns um so i just want to know if that that was discussed or not

[1:18:28] Trustee Evans (probable): so whether it's a walkway or no um so with the setback from the sea going from 25 feet to 50

[1:18:36] Trustee Evans (probable): feet a long boundary pass they're very narrow from the road to the sea so a lot of the houses there

[1:18:42] Trustee Evans (probable): are already within that 50 feet area so the question is if that became if that got if that

[1:18:48] Trustee Evans (probable): section was had a different zoning so that it could remain at the 25 feet because the house

[1:18:54] Trustee Evans (probable): is already built and within that zoning area gotcha i started asking something i was asking

[1:19:01] Trustee Evans (probable): the abc if that would be discussed all right

[1:19:04] Voice 7: and who's on the agency are you asking let's ask the

[1:19:06] Trustee Elliott: chair maybe

[1:19:08] Trustee Evans (probable): and then no no

[1:19:09] Voice 6: it wasn't discussed as a separate item okay

[1:19:14] Trustee Evans (probable): so it wasn't part of

[1:19:15] Trustee Evans (probable): the discussion not

[1:19:17] Voice 6: really not in any detail special zoning didn't seem to be fitting into

[1:19:25] Voice 6: to that for specific areas seem to be a whole new or beyond the scope of what we were looking at.

[1:19:37] Trustee Evans (probable): Okay, so part of the scope was to take into account all of the all of the suggestions from

[1:19:42] Trustee Evans (probable): the community. Well,

[1:19:45] Trustee Evans (probable): okay, that was that was that was that was one of the top things that

[1:19:50] Trustee Evans (probable): have been brought forward.

[1:19:50] Trustee Elliott: Okay. I will recognize that we're gonna try to limit conversation from

[1:19:54] Trustee Elliott: the floor but i'll recognize you since you're on the apc just

[1:19:56] Voice 10: just not um uh agree with

[1:20:00] of course general grip but we did discuss and one of the members of the apc um raised that issue and

[1:20:08] said that what we need is more information about this and we actually had a motion to

[1:20:16] have staff study this issue that is look at facts on the ground to see what what effect

[1:20:23] would happen. We discussed that at some length in terms of the resources, the timing, how this all might be useful and that motion did not succeed. So the thing that I would add to that is that all of the current houses that are built in those lots and they're pretty much built are now protected as legally conforming and can be

[1:20:51] Voice 10: rebuilt where they are.

[1:20:53] Voice 10: So the protection is there. So this would be a big effort for a potentially small solution, and we decided that LTC resources could be better spent. I think that was the...

[1:21:06] Voice 10: That's correct.

[1:21:07] Voice 10: Okay, yeah.

[1:21:08] Voice 13: I believe that's what we came up with.

[1:21:10] Trustee Evans (probable): I

[1:21:10] Voice 6: was referring to boundary pass. You said specifically boundary pass, so that's...

[1:21:15] Trustee Evans (probable): Yes, that

[1:21:16] Trustee Evans (probable): was a suggestion that had come out of the workshop for, as an example, Boundary Pass being a separate zoning for that.

[1:21:25] Trustee Evans (probable): But I'm just glad that it was part of the discussion.

[1:21:27] Voice 14: Thank you very

[1:21:27] Trustee Evans (probable): much for clarifying.

[1:21:31] Voice 7: I just want to say thank you to the APC for the minutes I'm reading.

[1:21:37] Voice 7: Seems like you're systematically going through this and having good discussions.

[1:21:42] Voice 7: I appreciate that.

[1:21:43] Trustee Evans (probable): Yeah, that was good minutes.

[1:21:45] Trustee Elliott: Excellent.

[1:21:46] Trustee Elliott: Yeah, and so I do want to recognize that I think the process is really good.

[1:21:52] Trustee Elliott: We move from very specific, you know, sort of the workshop, all these different issues

[1:21:56] Trustee Elliott: and then we're narrowing it down into, you know, in research we call them recommendations

[1:22:01] Trustee Elliott: or you're finding, you know, what are we finding and then we're

[1:22:05] Trustee Elliott: going to be able to make that

[1:22:06] Trustee Elliott: decision.

[1:22:06] Trustee Elliott: So I'm pretty happy with the process.

[1:22:10] Trustee Elliott: Anybody want to move the recommended motion that we have on the Charter or do you want

[1:22:15] Trustee Elliott: question back

[1:22:17] Voice 13: on

[1:22:19] Trustee Elliott: 23 here so we're just looking at revising the timeline in order to have a

[1:22:27] Trustee Elliott: discussion on another

[1:22:29] Trustee Evans (probable): question before we before we close the section then so are we going to

[1:22:33] Trustee Evans (probable): have discussions as these come up as to how we feel about them or are we going to hold off on

[1:22:40] Trustee Evans (probable): all of that until the december meeting and have the conversation as a whole because then we have

[1:22:45] Trustee Evans (probable): have to bring up each of these individual minutes again and read through that's going to be a very

[1:22:51] Trustee Evans (probable): intensive meeting and it might

[1:22:54] Trustee Evans (probable): spread over multiple meetings if we

[1:22:55] Trustee Elliott: do it that way I mean I'll I agree

[1:22:58] Trustee Elliott: it's going to be challenging but I think back to your point but trustees do you have to have an

[1:23:02] Trustee Elliott: open mind I think it would be difficult to make a partial decision on the whole project

[1:23:09] Trustee Elliott: um you really want to come in and see all the information and then make your decision but

[1:23:14] Trustee Elliott: But if it is too much, is there a way that we can make it?

[1:23:19] Voice 14: I'm

[1:23:20] Trustee Evans (probable): just going to ask or suggest that we are looking at individual sections.

[1:23:27] Trustee Evans (probable): And then when we get to the December meeting, we'll have, or whichever meeting, we'll have

[1:23:33] Trustee Evans (probable): a direction for the individual sections, because we still have to do that work.

[1:23:40] Trustee Evans (probable): and then we'll have the meeting for the entire project but if we don't have the individual

[1:23:47] Trustee Evans (probable): section meeting discussion first we still have to have that that's going to make for a very

[1:23:53] Trustee Evans (probable): it's still going to be spread out so that's understanding

[1:23:57] Voice 1: so

[1:23:58] Trustee Evans (probable): we're looking at two sections

[1:23:59] Trustee Evans (probable): right now so we're looking at the setbacks density and the interior and exterior setbacks

[1:24:05] Trustee Evans (probable): So this is all setbacks, changes.

[1:24:08] Trustee Evans (probable): The next one will be house height.

[1:24:10] Trustee Evans (probable): We've got house size.

[1:24:12] Trustee Evans (probable): We've got all the other items that were sort of

[1:24:17] Trustee Evans (probable): part of that motion, which was,

[1:24:19] Trustee Evans (probable): and the other items that were discussed in there.

[1:24:22] Trustee Evans (probable): So we'll have to have that,

[1:24:23] Trustee Evans (probable): which is a completely different section,

[1:24:25] Trustee Evans (probable): different type of conversation.

[1:24:27] Trustee Evans (probable): And then there's all the other smaller pieces

[1:24:29] Trustee Evans (probable): that we have to have a discussion on as well.

[1:24:31] Trustee Evans (probable): Which pieces?

[1:24:33] Trustee Evans (probable): I'd have to look them up again.

[1:24:34] Trustee Evans (probable): so then we're going to hold off on our discussions on these individual sections and have it as an

[1:24:41] Trustee Evans (probable): overarching conversation because i'm going to find that very very difficult to switch

[1:24:47] Trustee Evans (probable): from one thing to another and not deal with them individually when you say overarching

[1:24:54] Trustee Evans (probable): well what she's suggesting is that we wait until december and we talk about everything all at once

[1:24:59] Trustee Evans (probable): as a project as a whole versus the individual elements that are making up the project I would

[1:25:05] Trustee Evans (probable): rather deal with the individual elements as we're in that headspace right now

[1:25:09] Voice 4: than

[1:25:10] Trustee Evans (probable): go into a meeting

[1:25:12] Trustee Evans (probable): where we've got to deal with everything and or everything that's on the table and all the

[1:25:16] Trustee Evans (probable): different variables that are part of each individual section is going to be very difficult

[1:25:22] Trustee Evans (probable): for me to keep things straight it

[1:25:24] Voice 7: might have to be more than one meeting but

[1:25:26] Trustee Evans (probable): well that's what I'm

[1:25:26] Trustee Evans (probable): saying if it's going to be multiple meetings why don't we have when we have a conversation

[1:25:31] Trustee Evans (probable): on this now so it's come to us we're not necessarily making decisions on it but we're

[1:25:37] Trustee Evans (probable): having a conversation on it be cautious about having a

[1:25:41] Trustee Elliott: conversation not making decisions

[1:25:42] Trustee Elliott: because then you're just going to have to rehash it again

[1:25:44] Voice 4: because

[1:25:46] Trustee Elliott: once you once you decide you

[1:25:48] Trustee Elliott: give direction to staff and then she's going to draft the bylaw yeah i don't know if we

[1:25:58] Trustee Evans (probable): But again, and that's the other part is if we wait until December and we've had all of

[1:26:02] Trustee Evans (probable): the information coming from the agencies, like house height and house size is different

[1:26:09] Trustee Evans (probable): to the setbacks, right?

[1:26:13] Trustee Evans (probable): So if we wait for everything to come in, plus we've got our own meetings to have on the

[1:26:18] Trustee Evans (probable): other smaller elements.

[1:26:20] Trustee Evans (probable): so if and like doug said if we've got to be careful that we don't keep pushing this project

[1:26:26] Trustee Evans (probable): out and out so if we've got an opportunity today to talk about the setbacks why don't we talk about

[1:26:32] Trustee Evans (probable): the setbacks kim do you see any um

[1:26:35] Trustee Elliott: problem with even if if the rtc were to indicate where they

[1:26:42] Trustee Elliott: are sitting whether it's do we need information are we content with the amount of information

[1:26:49] Trustee Elliott: that's come forward. My only caution is we didn't come into this meeting sort of

[1:26:57] Trustee Elliott: prep to make a decision. That's the challenge is I would be asking the

[1:27:05] Trustee Elliott: question do we have all the information and are we can we

[1:27:09] Trustee Elliott: then say we're gonna

[1:27:10] Trustee Elliott: make that decision in December but here's what we know to date and we're

[1:27:16] Trustee Elliott: I

[1:27:16] Voice 7: mean, there's a crunching, right, so there's going to be a pile, for sure, that's the reality.

[1:27:26] Voice 7: But I think that it's maybe not ideal in my view, but you and I, all three of us, all

[1:27:35] Voice 7: three of us have to individually make our decisions.

[1:27:39] Voice 7: And nothing's stopping us from individually saying, well, on this setback, here's the

[1:27:44] Voice 7: arguments that i'm you know persuaded by and here's ones that aren't persuasive to me and we

[1:27:50] Voice 7: can write that down or we have a mental note or whatever but it stays with each of our trustees

[1:27:55] Voice 7: and then at some point we have when when the decision plan comes then we sit down and say

[1:28:02] Voice 7: what's your concerns or what's your thinking and then we share that and then and if i need

[1:28:07] Voice 7: more information in order to reach my decision before then then i need to tell you and ask the

[1:28:13] Voice 7: question and so you show us right

[1:28:15] Trustee Evans (probable): so

[1:28:16] Voice 7: that's the way I see the process but

[1:28:20] Trustee Evans (probable): I kind of feel like

[1:28:20] Trustee Evans (probable): we need to have a conversation so we know if there is more information that we need to get

[1:28:24] Trustee Evans (probable): before we get to the December meeting well absolutely do

[1:28:27] Voice 7: that if you want if you feel

[1:28:29] Voice 7: like there's more information that you want then ask for it and all of

[1:28:33] Voice 7: us can do that that's that's

[1:28:34] Trustee Evans (probable): kind of why I want to have a conversation to see if there is more information that is is felt because

[1:28:38] Trustee Evans (probable): i know how i feel i don't know how you feel or how you feel like if there is more information

[1:28:43] Trustee Evans (probable): needed so if it's brought up in a conversation then at least it's something that can be considered

[1:28:47] Trustee Evans (probable): before we get to december so um like i said uh with regards to the fact that people are happy

[1:28:55] Trustee Evans (probable): with the setback from the seat remaining at 50 feet i'm happy with that i'd like to have more

[1:29:00] Trustee Evans (probable): conversation around the tempo because there is there is it seems like there's more things that

[1:29:08] Trustee Evans (probable): need to be looked at and thought about here so i'd like to start that process before we get to

[1:29:15] Trustee Evans (probable): december and then have to move our schedule again so

[1:29:18] Trustee Elliott: that that's what this conversation is for i

[1:29:21] Trustee Elliott: agree with you that if we need more information um we're considering right now what's come back

[1:29:28] Trustee Elliott: from the apc to date um if there is are other uh considerations that you don't think the apc

[1:29:40] Trustee Elliott: has addressed in their conversation or um we want to do a survey for instance is there another tool

[1:29:48] Trustee Elliott: that would satisfy um your need to sort of get understand the nuance of what we're considering

[1:29:56] Trustee Elliott: so that by December we could make a decision.

[1:30:00] Trustee Elliott: and I think that's we're talking about process today I wouldn't be

[1:30:04] Trustee Elliott: ready to make a decision on any of these because I'd say yeah

[1:30:11] Trustee Evans (probable): I'm not saying that we're going to

[1:30:12] Trustee Evans (probable): make a merger in our decision what I'm saying is I'm just voicing yeah and having a conversation

[1:30:17] Trustee Evans (probable): and I'd like to have that conversation before you move on to this that's why I asked yeah let's go

[1:30:23] Trustee Evans (probable): for it so um so that that's why I said like I'm happy with the first part the second part I think

[1:30:30] Trustee Evans (probable): needs more work whether that's by us or if we go back to the agency or whatever that looks like

[1:30:35] Trustee Evans (probable): um i don't feel that this is out of place yet where the community will again it's going to

[1:30:45] Trustee Evans (probable): have to do with at the end of the day what can the community live with it's it's not necessarily

[1:30:51] Trustee Evans (probable): it's the static over but it's that and there's a lot of things that have to be taken into account

[1:30:57] Trustee Evans (probable): out in consideration um so I would like to understand yeah and again this is kind of why

[1:31:09] Trustee Evans (probable): I want to have like do you want to take a little break and

[1:31:12] Trustee Elliott: yeah sure yeah let's take a 15 minute

[1:31:16] Trustee Elliott: break we're just about at lunch anyways and I think it's a good time to pause and think about

[1:31:22] Trustee Elliott: what is the what's what's your desire for for this part of the conversation a little bit yes

[1:31:31] Trustee Elliott: all right so cookies are gonna help

[1:31:36] Trustee Elliott: so i'm really my only goal is just to get the cookies passed

[1:31:39] Trustee Elliott: all right uh we're gonna

[1:31:44] Trustee Elliott: put it have

[1:31:45] Voice 16: a break now

[1:31:45] Trustee Elliott: and thank

[1:31:47] Voice 16: you for

[1:31:48] Voice 16: I don't have a quick chat

[1:31:49] Voice 16: or do

[1:31:50] Voice 16: you want to just

[1:31:51] Trustee Elliott: just next step

[1:31:53] Trustee Elliott: I'm trying to think through what

[1:31:55] Trustee Elliott: she's asking

[1:31:56] Trustee Elliott: thank you

[1:32:00] Voice 14: yeah I get it

[1:32:01] Voice 14: yeah

[1:48:16] Trustee Elliott: great conversation

[1:48:19] Trustee Elliott: Just looking at the, there we are back online and yeah, so we just had a pause as we're

[1:48:26] Trustee Elliott: discussing our LUB amendment project and how much information we need at this point in

[1:48:32] Trustee Elliott: time.

[1:48:33] Trustee Elliott: Sheena, are you?

[1:48:35] Trustee Evans (probable): Yeah, so I had a quick side conversation with Kim, like I said, I am tired today and I do

[1:48:45] Trustee Evans (probable): do get to feel overwhelmed absolutely so and and I'm I'm getting overwhelmed thinking about

[1:48:51] Trustee Evans (probable): becoming overwhelmed in the future yeah so

[1:48:54] Trustee Evans (probable): um uh she very kindly said just relax take a breath

[1:48:59] Trustee Evans (probable): I will put it all in writing and um like there's nothing wrong with us having a conversation now

[1:49:06] Trustee Evans (probable): um but uh yeah so um i can't remember where i was going with this and i can't remember where we are

[1:49:18] Trustee Evans (probable): in here well

[1:49:20] Trustee Elliott: we were wanting to see if there's enough information on interior side lots lines

[1:49:26] Trustee Elliott: setbacks yeah

[1:49:29] Trustee Evans (probable): so yeah i think i think it's just going to be a pros and cons conversation between

[1:49:37] Trustee Evans (probable): between us I guess in the future when we maybe like you said you're going to need time to prepare

[1:49:43] Trustee Evans (probable): and and understand your position and likewise with you Toby so I think that that's fair I think

[1:49:52] Trustee Elliott: just for our future discussion and I don't know Dr Stockdale if this is what you'd I would like

[1:49:59] Trustee Elliott: see a map if possible um um which undeveloped properties this would um this would affect

[1:50:13] Trustee Elliott: so which ones are currently non-conforming with the current bylaw one two two

[1:50:19] Trustee Elliott: of the set of interior side lock would that be a lot of work might be a lot of work yeah

[1:50:24] Trustee Elliott: absolutely okay that could be a huge mess maybe not because I was talking to someone about

[1:50:32] Trustee Elliott: making these decisions in the abstract versus actually understanding what is the impact

[1:50:39] Trustee Elliott: in reality and I was trying to get some sense because I'm not in this community of what

[1:50:46] Trustee Elliott: you know what would a 10 foot versus 20 foot distance look like and feel like at least we've

[1:50:56] Trustee Elliott: got a lot of input we've got people saying for and against I like the privacy I don't think it's

[1:51:02] Trustee Elliott: necessary the legal non-conforming status I completely understand but the point was made

[1:51:09] Trustee Elliott: we need to be thinking about the future and so buildings will be turned you know renovated

[1:51:16] Trustee Elliott: new buildings built the community will change so I'm trying to think of a way to understand

[1:51:22] Trustee Elliott: the actual impact of 10 meters versus 20 meters

[1:51:27] Voice 16: what i could do for the next ltc meeting for the

[1:51:32] Voice 16: setback um discussions i have visual i can do pictures of where you know a property where the

[1:51:43] Voice 16: 15 meter is the 30 meter i can do it by ortho as well for the interior side lot line i can do a

[1:51:51] Voice 16: aspect of a 10 foot versus 20 foot do a visually you know orthophoto as well we can map those out

[1:51:58] Voice 16: that's relatively easy to do and then i can provide a map of all undeveloped properties

[1:52:03] Voice 16: on south pender and we the way we get that information is by looking at the bc assessment

[1:52:08] Voice 16: where there's been no improvements on the property so it's not exact but it will give it give the

[1:52:14] Voice 16: to see an idea of all the undeveloped properties and what properties may currently be if they would

[1:52:23] Voice 16: be impacted yeah by these regulations that might give a better idea of what visually it looks like

[1:52:29] Voice 16: and then by math i think

[1:52:31] Trustee Elliott: yeah even if you took a section or a neighborhood that's quite

[1:52:36] Trustee Elliott: you know smaller lots or the ones you were talking about where they only have yeah absolutely um so

[1:52:42] Trustee Elliott: that's one thought that I had that could help. Anything else that you need for decision making?

[1:52:52] Voice 7: I think I think that was good. Yeah that'll be helpful.

[1:53:00] Voice 7: I mean in that context

[1:53:02] Voice 7: sort of the first I knew a little bit that's when somebody brought up thinking forward in

[1:53:08] Voice 7: 30 years from now what could happen as a result of decision making. Yeah

[1:53:12] Voice 4: and

[1:53:13] Voice 7: so that's kind of

[1:53:14] Voice 7: lens that I want to at least consider as one piece of it.

[1:53:20] Trustee Evans (probable): Yeah and like sort of again that's just a

[1:53:24] Trustee Evans (probable): little insight into my thinking process so far with regards to the interior exterior setbacks

[1:53:31] Trustee Evans (probable): is there are like there are areas where there are narrow from side to side yeah so that those ones

[1:53:40] Trustee Evans (probable): will be impacted then there are others that are wider

[1:53:42] Voice 4: um

[1:53:42] Trustee Evans (probable): and most generally speaking using this

[1:53:48] Trustee Evans (probable): very very loosely and please don't please don't quote me on this um if most homeowners are going

[1:53:54] Trustee Evans (probable): to want to be sort of central to their property they're not going to want to be a buggered out

[1:53:57] Trustee Evans (probable): on the side lot line because they want their own privacy too um so as much as possible i think

[1:54:04] Trustee Evans (probable): people try to position their

[1:54:06] Voice 4: dwelling

[1:54:07] Trustee Evans (probable): you know with as much privacy as possible now sometimes

[1:54:12] Trustee Evans (probable): topography gets in the way yeah so in those instances it may be that and and with these side

[1:54:18] Trustee Evans (probable): uh the change of the side plot lines it's only for dwellings and cottages it is not for the

[1:54:24] Trustee Evans (probable): accessory buildings or anything else so those accessory buildings can still be 10 feet away

[1:54:28] Trustee Evans (probable): from the property line it's just the houses so now in those areas where topography becomes a

[1:54:34] Trustee Evans (probable): challenge and should a house need to be up against the 10 foot setback then they'd have to go for a

[1:54:42] Trustee Evans (probable): variance to move there so i'm just i'm just sort of like trying to but i don't think anyone really

[1:54:48] Trustee Evans (probable): wants to be 10 feet away from the property line for the exact same reason oh christina's gone

[1:54:52] Trustee Evans (probable): uh that christina and the other gentleman was saying they don't want to reach out and shake

[1:54:57] Trustee Evans (probable): hands with their neighbors yeah so i i know i

[1:55:00] Voice 7: don't i think i think the exception to that is

[1:55:03] Voice 7: when there's waterfront view and a lot

[1:55:06] Voice 4: you're

[1:55:08] Voice 7: going to want to choose the view yeah over your

[1:55:12] Voice 7: proximity to neighbors right i think we see that oh you

[1:55:15] Trustee Evans (probable): mean like swing it over one way

[1:55:16] Trustee Evans (probable): for a better view

[1:55:17] Voice 7: no no i'm saying the lot is narrow all of them are the houses that are on

[1:55:24] Voice 7: are all facing the shore right there's way closer than if you had five acres

[1:55:29] Voice 7: in the valley anywhere you can put it in the middle probably you know somewhere no

[1:55:35] Trustee Evans (probable): no i get

[1:55:35] Trustee Evans (probable): that but

[1:55:36] Voice 7: if there's a review involved then some people will definitely choose or a lot of the

[1:55:41] Voice 7: times you will disregard the privacy issue over the favoring

[1:55:46] Trustee Evans (probable): favoring the right but again that

[1:55:49] Trustee Evans (probable): would be sort of like everyone would sort of be sort of down at the water and i'm talking like

[1:55:53] Trustee Evans (probable): side to side like you're going to try and position yourself as much

[1:55:56] Trustee Evans (probable): as possible as much as possible

[1:55:58] Trustee Evans (probable): versus a butted up against one side um so i'm i'm i'm trying to like yeah take everything in

[1:56:07] Trustee Evans (probable): sort it out filter it um and the fact is like how many problems are at the top of the game

[1:56:15] Trustee Evans (probable): i

[1:56:15] Voice 16: actually just found the map but this is the this is from oh this is all sorry this is at

[1:56:20] Voice 16: least 15 so

[1:56:22] Trustee Evans (probable): the numbers would have changed slightly yes so i'm just so i'd be safe to

[1:56:27] Trustee Evans (probable): say the majority of of these already have their houses on them yes so they're already going they're

[1:56:33] Trustee Evans (probable): already where they're going to be so changing the side lot line isn't going to change the position

[1:56:36] Trustee Evans (probable): of that house oh but they can rebuild again if they're rebuilding if they're if they're further

[1:56:43] Trustee Evans (probable): forward if they're then they can actually rebuild on that site in

[1:56:47] Voice 7: that case but otherwise they can

[1:56:48] Voice 7: more yeah

[1:56:49] Trustee Evans (probable): so

[1:56:51] Trustee Elliott: again this

[1:56:53] Trustee Elliott: is this is something to think about is it's a it's challenging um it's

[1:56:57] Trustee Elliott: not easy to create not just the one size fits all measurement it's not you know it's

[1:57:03] Trustee Elliott: not going to

[1:57:04] Trustee Elliott: satisfy all the needs i guess what i wanted to talk about is has there been any enough

[1:57:11] Trustee Elliott: consideration of the natural like protection of the natural environment so we talked a lot about

[1:57:17] Trustee Elliott: privacy and real character. So just one of the notes at the end of page 20 there, considering

[1:57:25] Trustee Elliott: options to protect the natural area within setback is a big task for the local trust committee.

[1:57:34] Trustee Elliott: I don't know quite what that means or what kind of protection could be. It would have to be a DDP.

[1:57:42] Trustee Elliott: No, can you use, I'm not sure if that means using size of locked setbacks to ensure there's

[1:57:57] Trustee Elliott: also protection for the natural environment, right? If you've got a bigger setback, does that

[1:58:03] Trustee Elliott: naturally say, well, there's more protection or is there? Exactly. It's

[1:58:08] Trustee Evans (probable): a problem being is you can

[1:58:09] Trustee Evans (probable): put an accessory building right there so it's not really you can put your woodshed in there and cut

[1:58:16] Trustee Evans (probable): down the trees you can um put you know you know a garden in there and cut down the trees it's so

[1:58:25] Trustee Evans (probable): it's not really adding more protection unless you were to put a dvp on it to prevent a dpa dpa there

[1:58:36] Trustee Elliott: But does the LTC want to consider more protection for the natural area?

[1:58:45] Voice 7: I think it's always part of the consideration, but as we're saying...

[1:58:50] Voice 7: How do we do it?

[1:58:52] Voice 7: We don't have a lot of opportunity to affect it with that particular step.

[1:58:57] Voice 7: You

[1:58:57] Trustee Elliott: could say that

[1:58:58] Trustee Evans (probable): you're not allowing woodchips in there, but that's not...

[1:59:02] Trustee Evans (probable): yes I mean then we'd have to change it and say but no accessory building but they're already in there

[1:59:07] Trustee Evans (probable): that's that's kind of the other part too is already established

[1:59:11] Trustee Evans (probable): because if you changed

[1:59:12] Trustee Elliott: at this point I don't know if they're existing no no no I mean you could

[1:59:18] Trustee Elliott: change the LUB so that you don't allow accessory buildings or wood sheds in the setbacks this is

[1:59:25] Trustee Elliott: your

[1:59:25] Trustee Evans (probable): opportunity right but they're already in this they're already in the setback because it just got

[1:59:30] Trustee Evans (probable): changed from 10 feet to 20 feet so they're already in the setbacks i'm just talking about future

[1:59:35] Trustee Evans (probable): construction but then how do you monitor for future construction how do you we're going to

[1:59:39] Trustee Evans (probable): go around to every property and and review it no

[1:59:43] Trustee Elliott: people are must they should be reviewing the

[1:59:46] Trustee Elliott: lines by law before they build them and there's education you can put out to say you know you know

[1:59:54] Trustee Elliott: tc has changed its position we're no longer allowing structures in the setback in the

[1:59:58] Trustee Elliott: the sidelines.

[2:00:00] Trustee Elliott: I'm just saying, is there other things to consider? Does this go far enough? We don't have to increase the scope. I'm just

[2:00:06] Voice 4: throwing

[2:00:07] Trustee Elliott: it out there.

[2:00:08] Trustee Evans (probable): I think that that's going to cause more problems.

[2:00:11] Trustee Evans (probable): Almost does.

[2:00:14] Trustee Elliott: It's called

[2:00:14] Voice 11: the creation of dialogues.

[2:00:17] Trustee Elliott: It's

[2:00:17] Voice 11: larger than 10 square meters.

[2:00:20] Voice 11: So

[2:00:20] Trustee Elliott: yeah, 10 square meters, right.

[2:00:25] Trustee Elliott: but if it's an accessory dwelling if it's a dwelling

[2:00:28] Trustee Evans (probable): you can't put your dwelling in the

[2:00:30] Trustee Evans (probable): in the setback but

[2:00:32] Trustee Elliott: it sounds like an accessory building that's bigger than that's

[2:00:34] Trustee Evans (probable): where i mean

[2:00:35] Trustee Evans (probable): yeah you can you can have it as big you can have a 1500 square foot accessory building in there

[2:00:40] Trustee Evans (probable): you

[2:00:41] Trustee Elliott: can have a monkey without a kitchen it's not a drawing but it still could

[2:00:47] Trustee Elliott: but a guess that's overlooking the neighbor i

[2:00:52] Trustee Evans (probable): guess so i mean like that i guess that's what

[2:00:58] Trustee Evans (probable): we're coming into is how effective yes but what what is this actually achieving

[2:01:02] Trustee Evans (probable): and

[2:01:03] Voice 4: i'm

[2:01:05] Trustee Evans (probable): struggling with what is actually achieved apart from creating problems a lot of conversation

[2:01:11] Trustee Evans (probable): so i i get the principle but effectively how is it working is it and if it's not working

[2:01:22] Trustee Evans (probable): effectively in this manner is there a different way we could do it

[2:01:25] Voice 14: and

[2:01:27] Trustee Evans (probable): and if there isn't going

[2:01:29] Trustee Evans (probable): to be an effective way to do it does it just go back to how it how it was two years ago

[2:01:35] Trustee Evans (probable): and how it currently is in other like the rest of the islands or for similar zonings

[2:01:47] Voice 4: yeah

[2:01:47] Trustee Evans (probable): and this is where i get overwhelmed sure

[2:01:53] Trustee Evans (probable): and i need conversation because i just keep spinning around and around and around

[2:01:59] Trustee Evans (probable): well

[2:02:00] Trustee Elliott: we can only do our best you know we're not experts and planners you're community members

[2:02:05] Trustee Elliott: who are elected to make your best judgment based on professional advice and the APC's advice and so

[2:02:12] Trustee Elliott: yeah we have both of those at our disposal I think seeing some visual of what we're actually

[2:02:22] Trustee Elliott: talking about 10 10 meters versus 15 versus 20 um could help because I do

[2:02:29] Trustee Evans (probable): struggle with the

[2:02:30] Trustee Evans (probable): I have

[2:02:31] Trustee Evans (probable): a question and I'm going

[2:02:33] Voice 14: to ask Kim.

[2:02:34] Trustee Evans (probable): Now seeing as though you are a planner and you do deal

[2:02:37] Trustee Evans (probable): with this and you do see it in different communities have you come across something

[2:02:41] Trustee Evans (probable): that could work for this community that might be different to what we have seen and are currently

[2:02:51] Trustee Evans (probable): seeing? Yeah I mean the main tool

[2:02:55] Trustee Elliott: that the LTC would have at its disposal to achieve more than

[2:03:00] Trustee Elliott: what a 10 foot or 20 foot setback would achieve as a development permit area because that is the

[2:03:06] Trustee Elliott: way that you can control development it doesn't restrict development but it controls the placement

[2:03:11] Trustee Elliott: you can add conditions to ensure planting but

[2:03:16] Voice 16: within the local government act there are certain

[2:03:19] Voice 16: parameters of what development permits can achieve one of those is you know for the protection of

[2:03:24] Voice 16: sensitive ecosystems and and so forth so you can't regulate all residential development but you

[2:03:30] Voice 16: you can regulate sensitive ecosystems.

[2:03:33] Voice 16: It wouldn't say regulates or protect setbacks,

[2:03:36] Voice 16: but some properties could.

[2:03:39] Trustee Evans (probable): So it's not necessarily the best solution here.

[2:03:42] Trustee Evans (probable): There's no perfect

[2:03:44] Voice 14: solution.

[2:03:46] Voice 14: Well,

[2:03:46] Voice 7: I think for the next term,

[2:03:49] Voice 7: that might be something that could be considered

[2:03:52] Voice 7: to develop those protected areas.

[2:03:59] Voice 7: You know, take on the whole island and do a minor project on it.

[2:04:04] Trustee Elliott: Yeah, it might be

[2:04:04] Voice 7: a major project.

[2:04:06] Voice 7: This one's major and that's called Miners.

[2:04:08] Voice 7: So

[2:04:09] Trustee Elliott: on our future projects list, there is a minor project, Kim, we were just talking

[2:04:14] Trustee Elliott: about this earlier, of the raptor's nest, one that could be a good potential one,

[2:04:22] Trustee Elliott: because I think there's work being undertaken in North Pender.

[2:04:26] Trustee Evans (probable): So we were just talking about that as well.

[2:04:31] Trustee Evans (probable): So I think that that would be great to get on to for our next minor, when we go into

[2:04:39] Trustee Evans (probable): the new year.

[2:04:40] Trustee Evans (probable): But I was also saying we could also start one, a major one, which is number three, First

[2:04:47] Trustee Evans (probable): Nations language.

[2:04:48] Trustee Evans (probable): Consider OCP amendment to include a more fulsome history accounting of First Nations in the

[2:04:53] Trustee Evans (probable): OCP.

[2:04:54] Trustee Evans (probable): be so that could be started as a major because it's going to require a lot of first nations

[2:04:59] Trustee Evans (probable): engagement early and then this would flow into the next term to continue but we'd have had the

[2:05:06] Trustee Evans (probable): first nations engagement started

[2:05:09] Voice 4: yeah

[2:05:12] Trustee Evans (probable): absolutely

[2:05:13] Trustee Elliott: so we're talking about environmental protection

[2:05:18] Trustee Elliott: and actually can it be supported through setbacks from

[2:05:26] Voice 14: the low line?

[2:05:27] Voice 14: I think what we're talking about here is, do we think,

[2:05:34] Trustee Evans (probable): is there a solution to the problem?

[2:05:40] Trustee Evans (probable): And what exactly is the problem? Because the problem was never established.

[2:05:44] Trustee Evans (probable): The problem was never established at this point.

[2:05:47] Trustee Evans (probable): when this got changed in the previous term there was there wasn't really a problem

[2:05:54] Trustee Evans (probable): brought forward it was we are going to do this because it's better but better how because it

[2:06:02] Trustee Evans (probable): obviously there was a lot of problems that came about um and it didn't it looks like what problem

[2:06:08] Trustee Evans (probable): are you addressing and that was never made clear

[2:06:10] Voice 4: um

[2:06:12] Trustee Evans (probable): so when it comes to privacy and noise

[2:06:15] Trustee Evans (probable): we understand that but this is a very quiet island and you know you're gonna hear your

[2:06:20] Trustee Evans (probable): neighbors talking whether you're 10 feet or 20 feet or 40 feet away you're gonna

[2:06:24] Trustee Evans (probable): you are going to hear the noise you might not be able to understand the words but you'll still

[2:06:28] Trustee Evans (probable): hear the noise like again like how and i'm not saying that there isn't a problem i'm just saying

[2:06:37] Trustee Evans (probable): what is the problem because if we know what the problem is then we'll know what we're addressing

[2:06:43] Voice 7: But we've gone through the process of inviting all the comments that still stand, to the

[2:06:49] Voice 7: home stage.

[2:06:51] Voice 7: That's what I call it, you know.

[2:06:52] Voice 7: Yeah, true.

[2:06:53] Voice 7: And so I trust that we have gotten everything that's out there, given every opportunity

[2:06:59] Voice 7: for that to happen.

[2:07:00] Voice 7: Yeah.

[2:07:00] Voice 7: We've talked about this up and down kind of thing.

[2:07:04] Voice 7: If we have missed a major piece, then shame on us, but I don't think that we have.

[2:07:09] Trustee Elliott: People are free to write in and tell us.

[2:07:11] Voice 7: So, I mean, yeah, please, if somebody sees something new that hasn't come up before, please bring it up.

[2:07:19] Voice 7: But otherwise, we have what we have and we do the best that we can with it.

[2:07:23] Voice 7: And I think my frustration with being a trustee after taking this on is that the tools that are given to the trust to do the things that they're mandated to do are a complete mismatch.

[2:07:39] Voice 7: we're supposed to protect trees we're supposed to protect environment and that's mostly trees

[2:07:44] Voice 7: and waterways and so on we have little to no tools to do that and so what we sit here discussing

[2:07:53] Voice 7: it doesn't achieve it doesn't achieve the things that we're keep saying that we're trying to

[2:08:00] Voice 7: achieve so to me it's a structural organizational issue

[2:08:06] Voice 4: that

[2:08:07] Voice 7: i feel actually needs to be addressed

[2:08:09] Voice 7: but that's not what we're doing here today obviously. That's more trust council level.

[2:08:14] Voice 7: And

[2:08:15] Trustee Elliott: I think you're right, that is helpful because clarifying what the project is about

[2:08:23] Trustee Elliott: and does it fulfill the purpose of trying to accomplish the object which is preserve and

[2:08:29] Trustee Elliott: protect the unique amenities. I would argue that unique amenities, you still have things in your

[2:08:38] Trustee Elliott: ocp that are like quiet role character and that's you know whatever is unique to south penders

[2:08:43] Trustee Elliott: but is also to be protected so that's why i ask if this can if we can change anything at this point

[2:08:54] Trustee Elliott: to actually ensure some level of environmental protection i was

[2:09:00] Trustee Elliott: really interested in this uh

[2:09:01] Trustee Elliott: the screening issue and I just was looking for that that note about those

[2:09:08] Trustee Elliott: three different functions of screening. It's also in the Local Government Act as well.

[2:09:14] Trustee Elliott: Yeah. That's where it comes from. But there wasn't, the Commission might consider the

[2:09:20] Trustee Elliott: type of buffering used between lots and do we want to, support was expressed to

[2:09:26] Trustee Elliott: use a landscape create screening clause to limit clear cutting a lot is that an option that we want

[2:09:35] Trustee Elliott: yeah i can speak to some of

[2:09:36] Voice 16: the considerations for that so um there's no pre-existing non-conforming

[2:09:42] Voice 16: um protection for that so if the ltc does uh and then the land use by law to require landscape

[2:09:51] Voice 16: screening in the

[2:09:52] Voice 16: setbacks that applies to all properties everybody also what happens when

[2:09:57] Voice 16: there it's rocky right and there's no landscaping what are you going to ask your

[2:10:03] Voice 16: property owners to do put the planters out who regulates that

[2:10:08] Voice 4: you

[2:10:08] Voice 16: know there's it's

[2:10:10] Voice 16: it's almost impossible to enforce and track and then the terms um needs a complete visual screen

[2:10:18] Voice 16: well does that mean 10 trees or 20 trees are you able to trim a tree or there's just a lot of

[2:10:25] Voice 16: different factors that could make it really it's not necessarily the right tool gotcha or a blanket

[2:10:31] Voice 16: wide on the entire entirety of the island i did speak to a strongly used for uh commercial or

[2:10:40] Voice 16: industrial zone lands that's because there's not many of them on the southern gulf islands

[2:10:44] Voice 16: they're easier to regulate and they're um when it when a commercial or industrial

[2:10:51] Voice 16: property is to be developed generally there's a development permit involved in that as well

[2:10:57] Voice 16: so it's more of a mechanism in terms of um those episodes and buffering it from residential yeah

[2:11:04] Voice 16: okay so yeah i was led into a little bit of a rabbit yeah

[2:11:08] Voice 16: i know it looks really good

[2:11:09] Voice 16: it sounds good but the feasibility of actually you know yeah and they went to this pressure

[2:11:16] Trustee Evans (probable): put on yeah it's it's um it's that's not going to be thing and

[2:11:23] Voice 16: even if you say just retain what

[2:11:25] Voice 16: you have well yeah again what happens if there is a little bit of land disturbance or they do just

[2:11:29] Voice 16: decide to take out a shrub do they have to replace the replace the shrub who's monitoring that

[2:11:34] Voice 16: It has to deal with it's yeah.

[2:11:38] Trustee Elliott: Okay. Um, so is there anything else to, I do think trustee,

[2:11:46] Trustee Elliott: we should take our own notes of sort of where you sit. I liked your idea of, you know, where you'd

[2:11:52] Trustee Elliott: sit, you know, where you sit, but especially it's not very good. Put your notes in and then we'll

[2:11:58] Trustee Elliott: come back in December and

[2:11:59] Voice 7: we'll try to convince each other of our perspectives. And when we fail,

[2:12:05] Voice 7: If we fail, we vote, and then the majority wins.

[2:12:10] Voice 4: There we go.

[2:12:11] Trustee Elliott: We're all going to think the same, because I'm going to be on that, and

[2:12:16] Trustee Elliott: it'll be very

[2:12:16] Trustee Elliott: clear then.

[2:12:20] Voice 16: If I may just make a comment, so I was speaking with Trustee Evans earlier, and I did mention

[2:12:26] Voice 16: that if the LTC feels as though they're overwhelmed with the staff report presented at the December

[2:12:33] Voice 16: December meeting or if the LTC runs at a time we could schedule one or two electronic special

[2:12:38] Voice 16: meetings perhaps in early January that could be done and also there is a recommendation for the

[2:12:45] Voice 16: LTC to consider to amend the timeline in the project charter and if there's anything else

[2:12:50] Voice 16: the LTC may want to change about the charter as well so

[2:12:55] Trustee Evans (probable): I was going to say I'm happy with

[2:12:57] Trustee Evans (probable): the recommendation at the bottom page 23 now that i know that we can add in these

[2:13:02] Trustee Evans (probable): sections that make me feel a lot more comfortable this we

[2:13:06] Trustee Evans (probable): are not intangible

[2:13:08] Trustee Evans (probable): oh okay

[2:13:13] Voice 14: sorry oh abandoning that so

[2:13:17] Trustee Evans (probable): i knew that that kind of local island island local trust committee

[2:13:22] Trustee Evans (probable): requires that staff revise the minor lub amendments project charter timeline as shown in

[2:13:28] Trustee Evans (probable): And the staff report dated September 13th, 2024.

[2:13:32] Voice 14: Do I have a seconder?

[2:13:33] Voice 14: Yes, I'll second that.

[2:13:35] Trustee Elliott: Seconded by Trustee Phil.

[2:13:36] Trustee Elliott: Any further discussion?

[2:13:39] Trustee Elliott: All those in favor?

[2:13:41] Trustee Elliott: That is carried.

[2:13:43] Trustee Elliott: Thank you.

[2:13:44] Trustee Elliott: Thanks for your excellent work, APC, Hunter Stockville.

[2:13:48] Trustee Elliott: This was really good, and I'm looking forward to hearing the next round of conversations.

[2:13:55] Trustee Elliott: Oh, could we also do an example of the total floor area?

[2:14:04] Trustee Elliott: I know C.E.A. and C.C. will discuss that next.

[2:14:10] Trustee Elliott: I need to see something.

[2:14:13] Trustee Elliott: I'm sure we could put something together.

[2:14:15] Trustee Elliott: versus yeah um you know somebody could offer their 1000 square foot home as an example

[2:14:24] Trustee Elliott: big little i could

[2:14:27] Voice 16: find previous building permit examples but take out any type of detail that may

[2:14:32] Voice 16: yeah any type of private information that'd be great and

[2:14:41] Trustee Elliott: creative here okay so we've got our

[2:14:45] Trustee Elliott: work program reports um the active project and futures project future projects report if you

[2:14:53] Trustee Elliott: want to amend these how is the time if you want to say we actually did a prioritization exercise on

[2:14:59] Trustee Elliott: gabriela for our next minor projects we threw some out that have been on the list for a long time and

[2:15:06] Trustee Elliott: moved others to the top so that we could sort of give ourselves and the community a little

[2:15:12] Trustee Elliott: indication of where we're interested in going next.

[2:15:14] Trustee Elliott: So

[2:15:15] Trustee Evans (probable): I'd like to ask if we can move the raptor's nest mapping up to number one

[2:15:19] Trustee Evans (probable): and possibly the First Nations language three to number two as sort of like the

[2:15:25] Trustee Evans (probable): next ones that we consider.

[2:15:29] Voice 7: Good, so that's a good suggestion.

[2:15:32] Voice 7: And what about the Groundwater Sustainability Project?

[2:15:36] Voice 7: Yeah, I would

[2:15:38] Trustee Evans (probable): say that maybe a plate for

[2:15:43] Trustee Evans (probable): Gabrielle is and who else is working on it like wait for them to get through their work first

[2:15:48] Trustee Evans (probable): because then we'll have lessons learned to apply uh i'll i'm just going to quickly check

[2:15:57] Trustee Evans (probable): number three the

[2:16:00] Voice 7: numbering is a prioritization no

[2:16:02] Voice 16: it's only by the date that it was put on the

[2:16:05] Voice 16: list so it's not by prioritization and i'm not sure

[2:16:08] Voice 16: if i could necessarily change it unless i

[2:16:09] Voice 16: change the date it was put on the

[2:16:12] Trustee Elliott: list. Oh, we just removed a bunch that, you know,

[2:16:16] Trustee Elliott: of course he hadn't asked for an OCP review. So we

[2:16:20] Voice 7: can decide on prioritization at any time.

[2:16:23] Voice 16: At any time.

[2:16:24] Voice 16: Generally what happens is when LTC nears an end of a project, generally after public

[2:16:30] Voice 16: hearing, staff brings forward this list, this future projects list, and provides a little bit

[2:16:35] Voice 16: of information about why it was put on the list and what it would entail and then at that point

[2:16:40] Voice 16: the LTC has some discussion about what it may want to focus on.

[2:16:45] Trustee Elliott: So I'll just show you guys briefly

[2:16:48] Trustee Elliott: because we're back on the groundwater so this is the report that Willem Schoebe has prepared and so

[2:16:55] Trustee Elliott: it's got broken down into different projects the groundwater sustainability science and I just

[2:16:59] Trustee Elliott: encourage you to go to the agenda and read it so South Pender it'll show in green what is

[2:17:06] Trustee Elliott: is completed, yellow is on the pilot or methodology phase.

[2:17:09] Trustee Elliott: So you can go down and see the freshwater sustainability

[2:17:13] Trustee Elliott: reporting.

[2:17:14] Trustee Elliott: We asked for basically an idea of all the past projects

[2:17:19] Trustee Elliott: because they're all at different stages,

[2:17:21] Trustee Elliott: and then the different actions that are kind of linked

[2:17:26] Trustee Elliott: to the whole strategy.

[2:17:28] Trustee Elliott: So this is the Regional Planning Committee agenda

[2:17:33] Trustee Elliott: from September 4.

[2:17:36] Trustee Elliott: so it's a report um and yeah i'll just

[2:17:39] Trustee Elliott: say that he's

[2:17:40] Voice 14: yeah

[2:17:43] Trustee Elliott: so gabriella is

[2:17:49] Trustee Elliott: trialing the methodology that would be then ruled out

[2:17:57] Trustee Elliott: so it's it seems to be a very evolving thing and it's over many fiscals so it is hard to understand

[2:18:05] Trustee Elliott: exactly what's happening where and what has been done.

[2:18:08] Trustee Elliott: Galliano's got some work that we're still waiting to see

[2:18:12] Trustee Elliott: how that affects other planning areas, I think, right?

[2:18:16] Trustee Elliott: Yeah.

[2:18:17] Trustee Elliott: Anyway, it's there.

[2:18:20] Trustee Elliott: There is a lot.

[2:18:23] Trustee Elliott: Go ahead.

[2:18:25] Voice 16: And I apologize to the LTC and community members.

[2:18:28] Voice 16: I wish I had mentioned this earlier,

[2:18:30] Voice 16: but North Pender is going through a housing project right now.

[2:18:34] Voice 16: and my understanding is that they have a online survey open that's open to North Pender and South

[2:18:44] Voice 16: Pender residents I was for me yeah so

[2:18:49] Voice 16: I can write down the link I know I was just told yesterday

[2:18:52] Voice 16: about it so write down the link and then I can ask Brad Brad Smith who's the planner for North

[2:18:58] Voice 16: Pender to perhaps circulate that through a South Pender LTC email and that would be

[2:19:02] Voice 16: great and my

[2:19:03] Voice 16: understanding is when you open the survey you can actually select that you're from south pender

[2:19:08] Voice 16: and then they can determine results so i'm gonna write that out but it's surveymonkey.com

[2:19:18] Voice 16: backslash r backslash pender housing so i'll put that up oh good great

[2:19:51] Trustee Elliott: I like

[2:19:52] Trustee Elliott: these light agenda meetings, much less, much less cheering, conversation. And I just,

[2:20:08] Trustee Elliott: as we're moving through the rest of the agenda there is a mistake the um expense report is

[2:20:14] Trustee Elliott: actually galliano that's what i was going to ask expense report it doesn't look right

[2:20:19] Trustee Evans (probable): so

[2:20:20] Trustee Elliott: it is the south pender report that is forwarded to all just well so kind of prestige

[2:20:27] Trustee Elliott: of that email for the public's information it's being correct in our agenda right and kim you had

[2:20:37] Trustee Elliott: a verbal update on the applications report uh

[2:20:40] Voice 16: i provided that earlier because the only application

[2:20:42] Voice 16: the ltc has right now is that open subdivision okay perfect just

[2:20:48] Trustee Elliott: the web page all right

[2:20:51] Trustee Elliott: 18.6 reconciliation impersonation relationship building okay thank

[2:20:59] Trustee Elliott: you um

[2:21:00] Voice 10: so uh thanks i'm i'm

[2:21:03] Voice 10: I've got some notes for the minute, I'm not going to go through all of that, but I'm just going to cover a couple of the highlights.

[2:21:11] Voice 10: At the May LTC meeting, we talked about the addition to the installation down at Post Cove Resort, and that is now complete.

[2:21:22] Voice 10: August 8th, we had a big event with First Nations there that was quite amazing.

[2:21:26] Voice 10: I've made some notes about what happened there.

[2:21:29] Voice 10: I won't go into that. But it was a huge opportunity for the Wissanich First Nation

[2:21:36] Voice 10: to come in force with their elders, with their music, with their dancers, with their songs,

[2:21:43] Voice 10: and with their ceremony to acknowledge and honor the ancient village of Prenadu, which

[2:21:49] Voice 10: Poets Cove Resort is built on top of. That village is still alive in their culture. And also the

[2:21:57] Voice 10: reef net site, the original reef net site,

[2:22:00] Voice 10: I can't say it properly but I'm working on it,

[2:22:08] Voice 10: which was the first reef net site. So it set their technology which

[2:22:15] Voice 10: for thousands of years sustained them. So I just say quickly that that was a really important step

[2:22:23] Voice 10: in the building of our community-to-community relationship

[2:22:28] Voice 10: between Steyas, the people of the Pender Islands,

[2:22:31] and the Wissanich First Nation people,

[2:22:36] that has widened and deepened that relationship both.

[2:22:41] Voice 10: So what's happening now,

[2:22:47] Voice 10: the ReconciliAction team from Steyas Pender

[2:22:52] Voice 10: received that lands award the provincial lands award for our previous project on the four videos

[2:22:59] Voice 10: that we did with elders so that's awarded once every two years so that was a huge honor

[2:23:04] Voice 10: more importantly perhaps is the sixty thousand dollar grant that we got from the real estate

[2:23:10] Voice 10: foundation to carry on with the signage project so the next signs will be at uh the community hall

[2:23:18] Voice 10: working with the Community Hall Society on that.

[2:23:23] Voice 10: There's also some preliminary discussions

[2:23:25] Voice 10: about First Nations signage

[2:23:28] Voice 10: related to Brooks Point Regional Park.

[2:23:30] Voice 10: So that would be a self-pendered piece.

[2:23:32] Voice 10: So I just wanted to flag that.

[2:23:33] Voice 10: And the last thing Monica said,

[2:23:36] Voice 10: make sure you mention Kevin Brownlee's presentation

[2:23:40] Voice 10: on September 30th at the Anglican Hall.

[2:23:45] Voice 10: Kevin is the Curator of Indigenous Collections and Repatriation at the Royal BC Museum.

[2:23:52] Voice 10: And he also sometimes works at the Pender Museum, but he has a strong Pender connection.

[2:23:58] Voice 10: So this is going to be an opportunity for someone with Indigenous and European heritage to speak about his experience of having been an adoptee

[2:24:08] Voice 10: and having reclaimed his Indigenous cultural heritage.

[2:24:13] Voice 10: So that's September 30th at the Anglican Hall.

[2:24:17] Voice 10: So I'll leave it there.

[2:24:19] Trustee Elliott: Thank you so much, Paul.

[2:24:20] Trustee Elliott: And we'll make sure the minute taker

[2:24:22] Trustee Elliott: gets the notes that you made.

[2:24:25] Trustee Elliott: Thank you so much for providing that update.

[2:24:27] Trustee Elliott: It really gives us a view of how that's adapted.

[2:24:31] Trustee Elliott: So please, go ahead.

[2:24:34] Voice 7: Great, thank you for taking the initiative

[2:24:35] Voice 7: and being a leader in our community.

[2:24:38] Voice 10: huge team involved I tend to be the talker sometimes but there's uh Robert and many other

[2:24:45] Voice 10: people are very intimately involved and and just say that the trustees should be commended for

[2:24:52] Voice 10: putting this as a standing item on the agenda that is also recognized and appreciated and with

[2:24:59] Voice 10: with Chief Pelkey speaking to you earlier this year.

[2:25:03] Voice 10: He remembers you and you're, no,

[2:25:06] Voice 10: he was very involved in that signage project

[2:25:11] Voice 10: and there were a lot of discussions

[2:25:12] Voice 10: about recognition on South Pender.

[2:25:15] Voice 10: So that's helpful.

[2:25:17] Trustee Elliott: That's how we're starting to bring these threads together.

[2:25:20] Trustee Elliott: So I'm very pleased to hear that.

[2:25:23] Trustee Elliott: Okay, well, I think we're almost through.

[2:25:26] Trustee Elliott: True. There is an Islands Trust Conservancy report on pages 48 to 51, so it's a bit of a catch-up.

[2:25:36] Trustee Elliott: I think I did announce at the last meeting, so our manager, Kate Emmings, has stepped away and is working at the BC Data Conservation Center.

[2:25:49] Trustee Elliott: She's been gone since February, though, so that's been quite a...

[2:25:53] Trustee Elliott: and Carolyn Stewart who used to work with the Islands Trust and has worked with BC Parks most

[2:25:57] Trustee Elliott: recently came out of retirement to take on that acting manager role so I'm working with her.

[2:26:05] Trustee Elliott: So new business, we've got two items. There's a briefing on dark sky principles that was brought

[2:26:12] Trustee Elliott: forward in June at our trust council meeting and basically Trustee Morrison asked to have

[2:26:20] Trustee Elliott: it circulated to all the local trust committees to see who's interested in being on that team and

[2:26:28] Trustee Elliott: advocating for it at trust council um to support dark sky principles that's i guess an advocacy

[2:26:38] Trustee Elliott: position well

[2:26:41] Voice 7: i would be interested in hearing more from residents of south pender what you know

[2:26:47] Voice 7: how strongly they feel one way or the other.

[2:26:49] Trustee Evans (probable): So just as a background Dark Skies is about

[2:26:55] Trustee Evans (probable): limiting or reducing light pollution such as having houses with lots of exterior lights

[2:27:04] Trustee Evans (probable): on all night or having spotlights on or like having lights all along the driveway that are

[2:27:13] Trustee Evans (probable): are on all night so it's reducing light pollution and on south panda there is very little light

[2:27:20] Trustee Evans (probable): pollution there is some starting to creep in

[2:27:22] Voice 4: so

[2:27:23] Trustee Evans (probable): um i would be definitely in favor of

[2:27:27] Trustee Evans (probable): hearing more about this um i'm overloaded at the moment i can't get involved with the advocacy but

[2:27:35] Trustee Evans (probable): i want to learn more and i want this i want to see this move forward um so

[2:27:41] Voice 4: right

[2:27:43] Trustee Evans (probable): now we're sort

[2:27:43] Trustee Evans (probable): in a learning position versus a feeling position. I

[2:27:47] Voice 7: just wonder I mean the various places where

[2:27:51] Voice 7: neighbours have some turn their lights off as soon as possible and others have a light show.

[2:27:57] Voice 1: Yeah.

[2:27:58] Voice 7: And they leave it on all night and they feel very good and positive about that. Yeah.

[2:28:05] Voice 7: Right and I'm not judging them for that I guess but

[2:28:08] Voice 4: it's

[2:28:09] Voice 7: understanding what the values are of

[2:28:11] Voice 7: doing that versus the values of having a

[2:28:14] Voice 4: darker

[2:28:14] Voice 7: sky so we can start or whatever. So, you know,

[2:28:18] Voice 7: where do the residents of South Pender kind of fit with that? That's what I'm interested in.

[2:28:24] Trustee Evans (probable): Yeah, we can definitely pose that question.

[2:28:27] Trustee Evans (probable): I'd

[2:28:27] Voice 11: turn the lights off.

[2:28:28] Voice 11: I'd very much like to.

[2:28:29] Voice 11: Can we get Victoria to turn the lights off?

[2:28:31] Voice 11: Yeah, I'm sorry.

[2:28:33] Voice 11: And also

[2:28:34] Voice 7: there is a law that I believe is still in the books,

[2:28:39] Voice 7: I don't know if it's provincial law or federal law, but that from back in the days when there

[2:28:45] Voice 7: was little transportation, you have to keep a light on at your house, that travelers from

[2:28:52] Voice 7: a distance can see you to navigate to a U.N. storm or whatever for safety.

[2:28:57] Voice 7: And so that may be something to look into, you know, I don't know if there's anything

[2:29:02] Voice 7: that can be done about that, but I'm sure that's not the situation necessarily anymore

[2:29:06] Voice 7: in most situations.

[2:29:07] Voice 7: well

[2:29:08] Trustee Elliott: and it does look like it's in our power to regulate i mean just looking

[2:29:12] Trustee Elliott: at this um so

[2:29:15] Trustee Elliott: gabriel was going into our ocp review and actually before that even started i had a resident come to

[2:29:20] Trustee Elliott: me saying he was almost terrorized because the property next door had been rented to people who

[2:29:28] Trustee Elliott: just put floodlights everywhere and then when he complained to them they aggressively turned the

[2:29:33] Trustee Elliott: lights on David's property and he'd like to close his blind and so we have no way of regulating that

[2:29:39] Trustee Elliott: so of course if it's a complaint and it's in your bylaw that you cannot you know shine light sort of

[2:29:46] Trustee Elliott: certain strength past whatever

[2:29:48] Voice 7: it would be great to be proactive on that yeah but like in the lower

[2:29:51] Voice 7: mainland too greenhouse operations like commercial greenhouses yeah yeah

[2:29:55] Voice 7: i

[2:29:56] Trustee Evans (probable): didn't yeah but that's

[2:30:00] Trustee Evans (probable): a good point too it's like um how many lumens do you have like this is a very very dark island

[2:30:06] Trustee Evans (probable): so you don't need very very very bright lights right

[2:30:09] Trustee Evans (probable): you can have a low light and it will still

[2:30:13] Trustee Evans (probable): come across as bright yeah so

[2:30:15] Trustee Evans (probable): but it won't necessarily like impact neighbors as harshly

[2:30:20] Trustee Evans (probable): so like and i think this is part of the conversation that would get started yeah um

[2:30:26] Trustee Evans (probable): But it's whether or not this conversation can start or not. So if there's no interest, it won't start, but I am interested.

[2:30:33] Trustee Evans (probable): So

[2:30:33] Trustee Elliott: yeah, we're not even sure if it's an advocacy issue, because the outstanding

[2:30:37] Trustee Elliott: question is, how can non-municipal jurisdictions of the trust area provide protection for night skies?

[2:30:43] Trustee Elliott: We're not actually sure yet if we're able to regulate it, but Bowen Island has a bylaw, and it's coming in more and more frequently.

[2:30:52] Trustee Elliott: So the LTC wants to say, not interested this time, or you could, if it's right, if you're interested in being involved, but I think we'll be reporting back to Trust Council.

[2:31:05] Trustee Elliott: We

[2:31:05] Voice 7: can do like a skidding, easy hydro off, and nobody can afford it.

[2:31:09] Voice 7: yeah

[2:31:10] Trustee Evans (probable): so i mean i'm just looking at the um the example resolution so it's like south pender

[2:31:22] Trustee Evans (probable): direct staff to notify trustee morrison that south pender's ltc is interested in further

[2:31:29] Trustee Evans (probable): exploration of policy and advocacy options relating to dark skies so it's yeah

[2:31:35] Voice 4: um

[2:31:37] Trustee Evans (probable): i i like

[2:31:38] Trustee Evans (probable): I would like to to have a little bit more there.

[2:31:43] Voice 7: Is that a motion then? That

[2:31:45] Trustee Evans (probable): would be at the bottom of page

[2:31:47] Trustee Elliott: 52. There's sort of a W resolution. I'm not sure if she's done from a working group or what

[2:31:56] Trustee Evans (probable): the intention is. Exactly. I'm not sure either, but I would at least get the conversation started.

[2:32:05] Trustee Elliott: at i know there's two other lgcs that i've been part of that indicated they're interested so it's

[2:32:10] Trustee Elliott: not going to die yeah

[2:32:12] Trustee Evans (probable): but yeah i'd like to i'd like to receive the information yeah so i think

[2:32:18] Trustee Evans (probable): maybe if we don't say that we're interested in receiving it we won't receive it

[2:32:21] Voice 4: potentially

[2:32:23] Trustee Evans (probable): it asks us to pass our resolution

[2:32:24] Voice 7: so let's do that

[2:32:26] Trustee Evans (probable): okay so then i move that south pender

[2:32:31] Trustee Evans (probable): Local Trust Committee directs staff to notify Trustee Morrison of South Pender Local Trust

[2:32:39] Trustee Evans (probable): Committee's interest in pursuing further exploration of policy and advocacy options

[2:32:45] Trustee Evans (probable): relating to dark sky principles.

[2:32:51] Trustee Elliott: Seconded by Trustee Falk. Any further discussion?

[2:32:54] Trustee Elliott: All those in favor? That is carried. Good. We don't have to do anything more. You're just in.

[2:33:02] Trustee Elliott: Okay, so for the final piece of work, our new business, we have a staff report by Regional

[2:33:09] Trustee Elliott: Planning Manager Robert Kojima, and this was a request at the last LTC meeting to bring

[2:33:16] Trustee Elliott: forward some options on potential deferral of enforcement on short-term vacation rentals.

[2:33:22] Trustee Elliott: So, Kim, are you presenting this?

[2:33:25] Trustee Elliott: Or is there a question in the back?

[2:33:27] Trustee Elliott: No,

[2:33:27] Voice 16: Robert is away today, so I can quickly go over this.

[2:33:31] Voice 16: So we can ask all the hard questions.

[2:33:32] Voice 15: All the hard questions.

[2:33:33] Voice 15: And

[2:33:34] Voice 16: Warren isn't here today either.

[2:33:35] Voice 16: So the purpose of the report is to provide the LTC with proposed wording on a enforcement policy

[2:33:43] Voice 16: in regards to addressing the changes to the Local Government Act

[2:33:48] Voice 16: to end the non-conforming protection for short-term vacation rentals.

[2:33:54] Voice 16: Grandfathering.

[2:33:54] Voice 16: Pardon me?

[2:33:55] Voice 16: Yes, a grandfathering.

[2:33:56] Voice 16: Yep. So the LTC requested staff to come back with some draft wording.

[2:34:02] Voice 16: And so there is a recommendation there, and it states that the South Pender Island Local Trust Committee directs bylaw enforcement staff to defer enforcement on those short-term vacation rentals validly operating as of April 30th, 2024,

[2:34:20] Voice 16: and that enforcement on all short-term vacation rentals be by written complaint only.

[2:34:26] Voice 16: And so if the LTC does adopt this wording, the outcome would be that bylaw enforcement staff would cease any proactive enforcement resulting from advertising and only accepting written complaints.

[2:34:44] Voice 16: And the second is that ensure that if a written complaint is received for an operation that was validly operating prior to April 30th, that enforcement would not proceed.

[2:34:56] Voice 16: And the alternatives is to request further information or to receive this for information.

[2:35:05] Voice 16: Oh, I should mention, if adopted, then this would be part of the standing of resolutions for the ITC that's attached to each agenda.

[2:35:15] Trustee Elliott: And that non-conforming use protection ends in November, I guess?

[2:35:24] Trustee Elliott: Or it ended non-conforming protection as of May 1st.

[2:35:28] Trustee Elliott: Yes, that's correct.

[2:35:29] Trustee Evans (probable): sorry so anyone who is validly operating yeah all

[2:35:34] Trustee Evans (probable): of a sudden like um like may 1st was yes

[2:35:38] Trustee Evans (probable): yeah this was open to enforcement that's right and i

[2:35:44] Trustee Evans (probable): think when the stbr bylaw was written it

[2:35:47] Trustee Evans (probable): was written in such a way that anyone who was legally operating prior to that date could continue

[2:35:52] Trustee Evans (probable): without um without running into sort of enforcement issue but of course when the legislation changed

[2:35:59] Trustee Evans (probable): that overwrote the protections that were written into our into our bible

[2:36:06] Trustee Evans (probable): a

[2:36:08] Voice 7: couple of questions the word to defer enforcement i'm not i'm wondering if that's

[2:36:17] Voice 7: the right word there isn't suspend maybe is but i'm not sure maybe that's the same meaning

[2:36:25] Voice 7: um defer to me means

[2:36:33] Voice 7: Suspend, I guess it means the same thing. Well, suspend means perhaps suspend indefinitely, right? It includes that possibility more strongly, I feel.

[2:36:46] Voice 7: So I'm wondering if we should change that, if we're going to go through with it. And then it's a little, I'm not sure if it's clearly enough written here.

[2:36:58] Voice 7: are all it says where does it say all here um

[2:37:06] Voice 4: no

[2:37:09] Voice 7: that was somewhere else that it said that but

[2:37:10] Voice 7: anyway so so this there's different types of um stvrs right there's ones that are were legally

[2:37:19] Voice 7: operating and then the problem said we're going to end that and then there's the ones that are

[2:37:26] have been operating

[2:37:28] Voice 7: outside of that legal framework and then there's the ones that

[2:37:32] Voice 7: that could start doing that.

[2:37:36] Voice 7: And so enforcement is to be applied

[2:37:39] Voice 7: in all those scenarios, potentially, right?

[2:37:42] Voice 7: So we're deferring to the one that was legally operating,

[2:37:47] Voice 7: now is not legally operating due to the provincial,

[2:37:52] Voice 7: and we can't stop the province from telling us what to do,

[2:37:54] Voice 7: so we're gonna just tell them

[2:37:55] Voice 7: that we're not gonna enforce on it, correct?

[2:37:59] Voice 7: But the rest of it, what are we saying about that?

[2:38:03] Voice 7: so

[2:38:04] Trustee Evans (probable): if let's say for example somebody decided to illegally start an stvr operation in june of this

[2:38:13] Trustee Evans (probable): year

[2:38:13] Voice 4: uh

[2:38:14] Trustee Evans (probable): right um then those that that can only be enforced if a written complaint is put in

[2:38:24] Trustee Evans (probable): so it um so that they're not going to be looking for advertisements anymore that's correct

[2:38:32] Trustee Evans (probable): and yeah so i am

[2:38:33] Trustee Elliott: curious as to why that was suggested because do you not want proactive

[2:38:39] Trustee Elliott: enforcement on stvrs that don't have non-conforming protection that's a decision for the ltc yeah so

[2:38:48] Trustee Elliott: it is an option that you don't have to consider that second one and i was just wondering why the

[2:38:54] Trustee Elliott: written complaint um codicil was

[2:38:58] Voice 16: added generally you know so it wouldn't be the enforcement officer

[2:39:03] Voice 16: officer wouldn't be online looking for these operating STDRs. It would only be those STDRs

[2:39:08] Voice 16: that are bothering a neighbor, right? That's when

[2:39:11] Voice 16: the enforcement would start, but that's only on

[2:39:14] Voice 16: those, yeah, those new operations. And I should mention that there were no legal STD operations

[2:39:21] Voice 16: prior to April 30th because the Laptree Spinal did not permit it.

[2:39:25] Voice 16: So all those operating prior

[2:39:27] Voice 16: Prior to April 30, it had the legal, pre-existing legal, or pre-existing legal non-conforming protection.

[2:39:36] Voice 16: Right.

[2:39:38] Voice 7: So it's up to the LTC whether you want that to be written.

[2:39:41] Voice 7: So with written complaints, what I've learned is that the bylaw enforcement staff can write their own complaint?

[2:39:54] Voice 7: so

[2:39:56] Voice 16: no it would only be ready complaints from community members it wouldn't be from

[2:39:59] Voice 16: bylaw enforcement officers okay should we

[2:40:01] Voice 7: spell that out i mean should

[2:40:03] Voice 7: we spell that out

[2:40:05] Trustee Elliott: no because the policy on bylaw investigation which is a trust council policy because i've

[2:40:11] Trustee Elliott: studied it endlessly 5.5.1 bylaw enforcement can only initiate investigation in very specific

[2:40:19] Trustee Elliott: circumstances and that's like if there's a if there's a structure that appears to be in the

[2:40:25] Trustee Elliott: setback c nothing to do with sdbrs they leave that to the local trust committee to say we want

[2:40:33] Trustee Elliott: proactive enforcement or we want written complaints but bylaw would only do proactive

[2:40:40] Trustee Elliott: enforcement if we also see directly into so at this point i don't think you have

[2:40:46] Trustee Elliott: proactive enforcement. No. So it's just further clarifying that it would only be if the operation

[2:40:57] Trustee Elliott: is bothering someone and they write in and complain. And

[2:41:01] Trustee Evans (probable): then investigations would initiate

[2:41:03] Trustee Evans (probable): and then it'll be no case. So we did our investigation and this has been proven that

[2:41:09] Trustee Evans (probable): this operation was validly operating prior to the state, therefore close it down. Or it is

[2:41:14] Trustee Evans (probable): is now being proven that it was not developing operating price for the state. So, um, compliance

[2:41:22] Trustee Evans (probable): or yeah, that's correct.

[2:41:25] Voice 7: So, so the first part says that, um, staff to defer enforcement

[2:41:32] Voice 7: for those short-term rentals validly operating as of April 30th, 2024. And then, and that

[2:41:38] Voice 7: enforcement on all on all short-term vacation rentals be by written complaint only so we're

[2:41:46] Voice 7: switching from a select group to all i'm confused where's the line there so aren't those sentences

[2:41:56] Voice 7: casting each other out not really no any

[2:41:59] Trustee Evans (probable): enforcement that gets initiated has to be

[2:42:02] Trustee Evans (probable): initiated by a written complaint somebody can initiate a written complaint not realizing that

[2:42:08] Trustee Evans (probable): a short-term vacation medical was operating prior to that date so it can still be initiated but then

[2:42:13] Trustee Evans (probable): that one would get shut down except

[2:42:15] Voice 7: it says it doesn't say that and enforcement on short-term

[2:42:19] Voice 7: rental on all short-term rentals so it leads to me that it's the possibility that those short-term

[2:42:28] Voice 7: rental occasion homes of that are validly operating as of april 30th they could be enforced

[2:42:36] Voice 7: No, they wouldn't

[2:42:38] Voice 7: be enforced on, but the written complaint could be written against them.

[2:42:44] Voice 7: But that's not to what this wording reflects.

[2:42:46] Trustee Elliott: Maybe it's the ordering that is a problem, because if you have a written complaint, bylaw enforcement can then launch an investigation.

[2:42:58] Trustee Elliott: They don't start enforcement.

[2:42:59] Trustee Elliott: yeah so the investing what triggers investigation into what are the what are the grounds of this

[2:43:06] Trustee Elliott: complaint is it true is it false is it does it align with the lub bylaw has to investigate all

[2:43:13] Trustee Elliott: these things but what triggers that investigation has to be what this is specifying has to be a

[2:43:18] Trustee Elliott: written complaint as opposed to they're scanning the ads on airbnb and going going after

[2:43:24] Trustee Elliott: advertisements but then once investigation launches then bylaw enforcement goes okay

[2:43:32] Trustee Elliott: this one was operating before april 30th we're going to defer enforcement there are two so i

[2:43:38] Trustee Elliott: think i mean the word should actually read or investigation on all short-term vacation rentals

[2:43:45] Trustee Elliott: be triggered by written complaint only

[2:43:47] Trustee Evans (probable): because yeah and it could and it could be in that

[2:43:51] Trustee Evans (probable): investigation on any if you don't like the word all yeah yeah yeah

[2:43:58] Voice 7: that would be good yeah because

[2:43:59] Voice 7: it sounds like it's lumping it together and after separating it

[2:44:03] Trustee Evans (probable): for sure okay so are we able to make

[2:44:05] Trustee Evans (probable): that change if you can just come back to us and let us know if that materially changes the intent

[2:44:12] Trustee Elliott: oh i think you can just we can do it now

[2:44:15] Trustee Evans (probable): i know the

[2:44:16] Trustee Elliott: resolution that if it's it's not going to

[2:44:18] Trustee Elliott: your challenge. I think it does provide more clarity.

[2:44:22] Voice 7: Can you read it?

[2:44:24] Trustee Evans (probable): I'll read it out and

[2:44:25] Trustee Evans (probable): then you hear it. So that South Canada Island Local Trust Committee directs bylaw enforcement

[2:44:30] Trustee Evans (probable): staff to defer enforcement for their short-term vacation rentals validly operating as of April

[2:44:37] Trustee Evans (probable): 30th, 2024, and that investigation on any short-term vacation rental be by written complaint only.

[2:44:45] Trustee Evans (probable): okay

[2:44:48] Voice 7: um do

[2:44:49] Voice 4: you want any or

[2:44:50] Voice 7: all any any

[2:44:53] Trustee Elliott: and

[2:44:54] Voice 7: then to defer let's change it to suspend well the

[2:44:57] Trustee Elliott: deferral is the recommended that's pretty standard yeah and i do think by law enforcement

[2:45:03] Trustee Elliott: um they gave the suggestion for this i mean because suspending i think it implies that

[2:45:13] Trustee Elliott: it'll

[2:45:13] Voice 13: come back i'm gonna

[2:45:14] Trustee Elliott: take enforcement but you decide to suspend it but what you do is you

[2:45:18] Trustee Elliott: defer decision on enforcement until that standing resolution is lifted so you're actually deferring

[2:45:26] Trustee Elliott: the action as opposed to kind of taking action but suspending it yeah i think the deferral is

[2:45:32] Trustee Elliott: is what we actually want and it's very standard in all the standing resolutions that i've seen

[2:45:44] Trustee Elliott: sure many multiples all right

[2:45:50] Trustee Evans (probable): we're happy with that we

[2:45:51] Voice 7: have one more time

[2:45:52] Voice 7: that south

[2:45:54] Trustee Evans (probable): panda island local trust committee direct bylaw enforcement of the staff to defer

[2:45:59] Trustee Evans (probable): enforcement for those short-term vacation rentals validly operating as of april 30th 2024

[2:46:04] Trustee Evans (probable): and that investigation on any short-term vacation rentals be by written complaint only

[2:46:10] Trustee Evans (probable): thing.

[2:46:11] Voice 4: Okay. I'll move it.

[2:46:14] Trustee Evans (probable): Okay. Should we say investigation and or enforcement? Because

[2:46:24] Trustee Evans (probable): what I want to make sure is that by changing this to investigation, have we removed the

[2:46:29] Trustee Evans (probable): ability to enforce?

[2:46:30] Trustee Elliott: No, because you're only deferring enforcement on that subset. You

[2:46:37] Trustee Elliott: you still have to enforce on new ones i think do you have any

[2:46:44] Voice 14: the difference

[2:46:46] Voice 16: between investigation and enforcement i mean again this is the intent

[2:46:51] Voice 16: is there and i think it's

[2:46:52] Voice 16: pretty clear for a bio-enforcement officer that they would yeah

[2:46:55] Voice 16: open it up and if they determine it was prior to april 30th

[2:46:58] Trustee Elliott: they would close it perfect yeah

[2:47:00] Trustee Elliott: actually wait sorry before we move this i as you were speaking i just realized because it's a trust

[2:47:06] Trustee Elliott: Council-held policy, you can't direct how investigations are launched. LTCs are the

[2:47:12] Trustee Elliott: only ones that can direct how enforcement happens. That's what I was going to make

[2:47:16] Trustee Evans (probable): about that. So it does have to be enforcement. It does have to be enforcement.

[2:47:19] Trustee Evans (probable): Right, so we can't, we can't impact the investigation. We can't direct the

[2:47:24] Trustee Evans (probable): investigation but we can, we can direct the enforcement. Perfect.

[2:47:29] Trustee Evans (probable): So that's the

[2:47:30] Trustee Elliott: enforcement. We've got to go back too.

[2:47:32] Trustee Evans (probable): yeah yeah so

[2:47:33] Trustee Evans (probable): that's why I'm like I don't yeah couldn't we can't amend the trust council policy

[2:47:37] Trustee Evans (probable): that's right so we can we what we can say is uh and that enforcement enforcement on any

[2:47:43] Trustee Evans (probable): short-term vacationment will be very written complaint only

[2:47:49] Voice 14: no

[2:47:50] Voice 7: that's good I can actually bring that up a bit even though it's very simple

[2:47:54] Voice 7: changes words

[2:47:56] Trustee Elliott: are important okay moved by just a call and we're back to investigation

[2:48:02] Trustee Elliott: investigation no or

[2:48:03] Trustee Elliott: no enforcement on the motion yeah clearly getting tired tired uh moved and

[2:48:09] Trustee Elliott: seconded by trustee evans any further discussion i'll call the vote all those in favor and that

[2:48:17] Trustee Elliott: is carried you have your protections back in place at least deferral of enforcement um

[2:48:27] Trustee Elliott: it's just like actually someone from much said it's like an ax hanging over our head

[2:48:32] Trustee Elliott: And, you know,

[2:48:32] Voice 12: it's a bit up

[2:48:33] Trustee Elliott: there because it is just a deferral of

[2:48:36] Trustee Elliott: the decision if it's stressful.

[2:48:39] Trustee Elliott: So we are going to announce our next scheduled meeting.

[2:48:43] Voice 7: Okay.

[2:48:44] Voice 7: Yeah.

[2:48:45] Voice 7: Sorry.

[2:48:45] Voice 7: Maybe I should have had this discussion already on the same topic or similar on someone's page.

[2:48:54] Voice 7: Last page, actually.

[2:48:55] Voice 14: 57.

[2:48:56] Voice 7: Yeah.

[2:48:58] Voice 7: One and two there.

[2:48:59] Voice 7: Bullets.

[2:49:00] Voice 7: C.

[2:49:01] Voice 7: C, seize any proactive enforcement resulting from advertisement by only accepting written complaints.

[2:49:09] Voice 7: So what that is...

[2:49:11] Voice 7: And then number two is ensure that if a written complaint is received in an operation where a valid document was written before, that's clear.

[2:49:18] Voice 7: But I'm wondering, is it saying the same as seizing the proactive enforcement resulting from advertisement?

[2:49:26] Voice 7: enforcement so

[2:49:27] Trustee Evans (probable): the way that it's currently set up um vital enforcement goes onto and onto the

[2:49:33] Trustee Evans (probable): advertisement sites and they actively search all the stvrs and if they find any stvrs and they

[2:49:39] Trustee Evans (probable): start an investigation on it themselves because they found an advertisement what we're saying

[2:49:43] Trustee Evans (probable): for south panda is we would rather that they didn't do that that it just be a bad written

[2:49:48] Trustee Evans (probable): complaint only because um yeah so that we had this conversation earlier um where people were

[2:49:58] Trustee Evans (probable): saying that they weren't happy with um that methodology of enforcement okay so i agree

[2:50:06] Trustee Elliott: it's a bit confusing because it's kind of a double negative ceases the

[2:50:09] Trustee Elliott: proactive enforcement

[2:50:10] Trustee Elliott: spent what we're just saying is we're we're asking

[2:50:17] Trustee Evans (probable): them to provide a written it has to be by written

[2:50:21] Trustee Evans (probable): not by them actively searching out anyone who might be um operating this vr and investigating

[2:50:30] Trustee Evans (probable): all of them

[2:50:31] Voice 4: they

[2:50:32] Trustee Evans (probable): can just keep doing it and

[2:50:36] Trustee Elliott: you can always amend this in the next exactly

[2:50:38] Voice 8: Exactly.

[2:50:39] Trustee Elliott: If it's not working, it can be rescinded at any time.

[2:50:42] Trustee Elliott: Exactly.

[2:50:43] Trustee Elliott: And

[2:50:44] Voice 7: this is just a standing rescission.

[2:50:45] Voice 7: It is a little confusing, the part of the bio

[2:50:48] Voice 7: only accepting written complaints.

[2:50:49] Trustee Elliott: That's right.

[2:50:50] Trustee Elliott: Yeah.

[2:50:51] Voice 7: Anyway.

[2:50:51] Trustee Elliott: It's a very passive sentence.

[2:50:53] Voice 7: Yeah.

[2:50:54] Trustee Elliott: All right.

[2:50:54] Trustee Elliott: Good.

[2:50:55] Voice 4: OK.

[2:50:58] Trustee Elliott: Written complaints only now.

[2:50:59] Trustee Elliott: You have a problem.

[2:51:01] Trustee Elliott: Now we know what to do.

[2:51:02] Voice 7: We're going to have to stretch this out till the dip opens.

[2:51:06] Trustee Elliott: Well,

[2:51:06] Voice 7: maybe not for anything.

[2:51:08] Trustee Evans (probable): I could show you know why don't you come down I'll show you the house build okay I could do

[2:51:13] Trustee Elliott: a little bit of work whatever happens so our next regular scheduled meeting unless we have

[2:51:19] Trustee Elliott: special electronic meeting in the meantime is scheduled for December 6 2024 um do we want to

[2:51:26] Trustee Elliott: have this in person at the fire hall still yes because at

[2:51:30] Trustee Elliott: that time of year our

[2:51:32] Trustee Evans (probable): internet is

[2:51:32] Trustee Elliott: oh okay good

[2:51:34] Trustee Evans (probable): good so yeah for the sake of the community i recommend that all

[2:51:41] Trustee Elliott: snowstorm i'm not coming over the mountain yeah unless you want to fly me

[2:51:49] Trustee Elliott: i'd rather

[2:51:50] Trustee Elliott: have four wheels on the ground it feels safer voting me i'll come over on a boat

[2:51:56] Trustee Elliott: in a snowstorm um it's fine as long as somebody is here to have the electric the interesting meeting

[2:52:03] Trustee Elliott: okay so we'll open for town hall only 25 minutes late yes okay

[2:52:09] Voice 11: three things though three things

[2:52:11] Trustee Elliott: okay uh

[2:52:11] Voice 11: one's just for information a lot of municipalities now uh ban upward facing lights

[2:52:16] Voice 11: in the exterior so you can only do downcast lights

[2:52:19] Voice 1: so

[2:52:20] Voice 11: it's a really simple simple fix

[2:52:22] Voice 11: with regard to stvrs what i think i just heard you say is that we're turning a blind eye

[2:52:30] Voice 11: unless someone's doing something that that caught their tenants precipitate a complaint

[2:52:38] Voice 11: from the neighbors we're just going to ignore it so active enforcement means we respect that

[2:52:46] Voice 11: that there are no STDs, unless they are approved.

[2:52:49] Voice 11: Yeah.

[2:52:51] Voice 11: You know, to say we're going to wait for a complaint

[2:52:54] Voice 11: is just turning the line down.

[2:52:57] Voice 4: Yeah, good enough.

[2:52:59] Voice 11: The last point is with regard to the discussion

[2:53:02] Voice 11: about the major project.

[2:53:07] Voice 11: And so for the trustee's consideration,

[2:53:12] Voice 11: my understanding of the objective of this process

[2:53:15] Voice 11: that we've just gone through over the last number of months was for there to be wholesome community

[2:53:19] Voice 11: engagement and you know receiving more information from giving everybody their opportunity to see

[2:53:25] Voice 11: more information direct from experts etc. ABC the referral to ABC is just one aspect of that

[2:53:33] Voice 11: and so I would be concerned that making a decision just based on receiving ABC information and

[2:53:38] Voice 11: and making your decision now,

[2:53:41] Voice 11: doesn't really necessarily reflect

[2:53:44] Voice 11: all that other information during the window.

[2:53:47] Voice 11: I think the way I understood the objective

[2:53:52] Voice 11: being set up at the beginning was,

[2:53:54] Voice 11: all of this was gonna be taken into advisement by you.

[2:53:58] Voice 11: We were gonna have another public meeting

[2:53:59] Voice 11: and you were gonna talk about what you decided

[2:54:02] Voice 11: you were going to accept or not accept

[2:54:04] Voice 11: or change or keep the same.

[2:54:06] Voice 11: so what I was hearing in the discussion was well why don't you know we can decide on this now we

[2:54:12] Voice 11: can decide on that but it really kind of flies in the face of that other objective which was to

[2:54:17] Voice 11: bring it all together make your recommendations based on all the input you've had how you've

[2:54:22] Voice 11: synthesized that information and then right forward so just just an observation on the

[2:54:27] Voice 11: discussion yeah

[2:54:28] Trustee Evans (probable): no and I think we've had that that conversation here it wasn't so much making

[2:54:32] Trustee Evans (probable): a decision today, but having a conversation about the decision. And I was just saying,

[2:54:38] Trustee Evans (probable): I was giving my position. After hearing everything with regards to the 50 foot setback, it seems

[2:54:44] Trustee Evans (probable): like everyone's happy with that. So I'm happy with that. And whether or not we needed to

[2:54:49] Trustee Evans (probable): keep discussing that, if we're happy with it remaining at 50 feet, is the question that

[2:54:54] Trustee Evans (probable): I was posing.

[2:54:55] Trustee Evans (probable): Okay,

[2:54:56] Voice 11: so just a thought experiment. So ABC made a recommendation 50 feet, leave it. That's you're saying, okay, let's accept that. They made a recommendation about 10 feet, yet there's still lots of controversy in the community about whether that's appropriate. So where do you decide which is appropriate to complete versus to complete?

[2:55:17] Voice 11: happened but you didn't decide on any any of them we

[2:55:21] Trustee Evans (probable): didn't decide on any of

[2:55:22] Trustee Evans (probable): them i was having a

[2:55:23] Trustee Evans (probable): conversation as to what i was personally saying so my personal position with the 50 feet it sounds

[2:55:29] Trustee Evans (probable): to me like the community is happy to keep it at 50 feet i'm happy to keep it at 50 feet do we need

[2:55:34] Trustee Evans (probable): to keep this conversation on 50 feet going forward or do we remove this if it's not because if we're

[2:55:41] Trustee Evans (probable): not going to make a change then it's then it's there's there's really not much more to do with

[2:55:47] Trustee Evans (probable): it however with regards to the setback it sounds like there's still a lot of controversy

[2:55:52] Trustee Evans (probable): i'm overloaded with information i'm spinning around in circles i'm struggling with this

[2:55:58] Trustee Evans (probable): i haven't made my mind or position on this i haven't got an idea

[2:56:02] Voice 15: i'm

[2:56:03] Trustee Evans (probable): struggling there's a lot

[2:56:05] Trustee Evans (probable): there's a lot to take into account and that's why i wanted to have this conversation here today to

[2:56:10] Trustee Evans (probable): see if i could you know get some direction like does anybody else have a position does anybody

[2:56:15] Trustee Evans (probable): else have something that can help me out with this and

[2:56:20] Voice 11: I was responding to that

[2:56:21] Voice 11: imagine I'm just saying arriving at a conclusion until you have all the

[2:56:26] Voice 11: information and you're presenting it back in a public forum may not serve the

[2:56:31] Voice 11: objective of what you set out to do unfortunately

[2:56:33] Trustee Evans (probable): the only time I can have

[2:56:35] Trustee Evans (probable): that conversation is in a public meeting right

[2:56:38] Voice 11: the objective was you're gonna

[2:56:39] Voice 11: have a public meeting with all that so no

[2:56:41] Trustee Evans (probable): I mean the only way that we can have

[2:56:43] Trustee Evans (probable): a discussion is in a public setting like this but

[2:56:45] Voice 11: so to talk about let's say that just about 50 feet

[2:56:50] Voice 11: is it's okay they agree we seem to think that's great but that wasn't on the agenda to the

[2:56:57] Voice 11: community so there may be people that really oppose that that didn't have the opportunity

[2:57:01] Voice 11: we haven't

[2:57:03] Trustee Evans (probable): made a decision i'm just saying i was giving my position what

[2:57:07] Voice 11: i was hearing was that

[2:57:08] Voice 11: there was a motivation to get to a decision that's what i'm saying no

[2:57:13] Trustee Evans (probable): i'm i was posing a question

[2:57:15] Trustee Evans (probable): and i was and like i said i'm very tired and i'm and i and that's why i was saying at the beginning

[2:57:22] Trustee Evans (probable): i'm very very tired today and i'm not going to be able to use my words very well today

[2:57:27] Trustee Evans (probable): so please like and that's why i'm like please don't quote me on on things today i'm very tired

[2:57:32] Trustee Evans (probable): so and i'm struggling so that's why i'm saying like i'm struggling here today

[2:57:36] Trustee Elliott: so can we think

[2:57:37] Trustee Elliott: about imparting that issue or on the

[2:57:39] Trustee Elliott: decision on that issue because it sounds like the process has

[2:57:42] Trustee Elliott: got us to a good place but we haven't made a decision on it right that's our fact

[2:57:47] Voice 7: i think

[2:57:48] Voice 7: i maybe heard something different from you john i'm going to ask you again if i got it right or

[2:57:53] Voice 7: wrong but is there a question are we going to make a decision based on the apc's recommendation or are

[2:58:00] Voice 7: we going to make a decision based on apc's uh recommendation and all previously collected

[2:58:06] Voice 7: I'm assuming the latter, the

[2:58:08] Voice 11: way it was evolving, to be honest I was concerned that you were

[2:58:15] Voice 11: making a decision based on the ABC's recommendation because it

[2:58:18] Voice 11: validated a position, so that it's

[2:58:21] Voice 11: just you know.

[2:58:22] Voice 7: To me the ABC reflection is just another pair of eyes or group of eyes looking at the issue

[2:58:30] Voice 7: hopefully even because they're focusing on it, that's their task, we're making sure that

[2:58:34] Voice 7: we've got it all, we've had our own meetings and so on, right, I made my spreadsheet and all that

[2:58:39] Voice 7: stuff, so we have all the information, and we have, now we have, you know, another group looking at it

[2:58:45] Voice 7: to see if they're seeing something that we are not, didn't see, or whatever, to analyze it,

[2:58:49] Voice 7: and then we're going to take all of that, all together, that's what I'm going to do, and

[2:58:55] Voice 7: make decisions based on that, and it's not going to be, in my view, it's not going to be,

[2:59:00] Voice 7: you know 50 people wrote letters on this topic and wanted it that way and only 10 people or

[2:59:07] Voice 7: five people wrote it to the opposite so they're going to go with 50 that is not the way i'm going

[2:59:12] Voice 7: to be operating it's going to be what's the rationale what's the objective what's the

[2:59:16] Voice 7: problem that's being solved if it if you if if a single person comes up with a very solid

[2:59:25] rationale

[2:59:25] Voice 7: for for having you know pointing out what the problem is and what the solution should

[2:59:29] Voice 7: be and if that makes sense to me I don't care if nobody else makes that recommendation I may go

[2:59:34] Voice 7: with that if that makes more sense to me so numbers it's not a numbers game right right yeah I mean

[2:59:41] Voice 7: it's gonna it's gonna have more you know have impact in a way if there's like a huge outcry

[2:59:46] Voice 7: kind of thing on one particular issue but it is to be continued I will take that into consideration

[2:59:52] Voice 7: but maybe not by changing my decision or maybe but you know it's not yeah anyway yeah

[3:00:00] Voice 4: Does

[3:00:00] Voice 7: that make sense?

[3:00:01] Voice 7: It's a fluid thing, right?

[3:00:04] Voice 7: But yeah, I just feel like there has been some confusion, perhaps, by questions that I've gotten, that we will make this or I will make decisions based on the numbers of letters or the numbers of comments.

[3:00:19] Voice 7: That's to me that if I get 100 letters saying the same thing, that's like one point.

[3:00:27] Trustee Elliott: Yeah, we're not wanting to respond to pressure.

[3:00:30] Trustee Elliott: tactics it's about the professional advice it's the context it's your own view of what's

[3:00:36] Trustee Elliott: appropriate it's impact and it's community input and it's apc input so i think all those together

[3:00:42] Trustee Elliott: inform your decision and i appreciate that well can i

[3:00:46] Trustee Evans (probable): just go away for me like it's it was like

[3:00:49] Trustee Evans (probable): the apc piece coming back just was an additional layer of validation from what i've been hearing

[3:00:56] Trustee Evans (probable): and seeing that's that's that's why but

[3:01:00] Voice 4: yes

[3:01:02] Trustee Elliott: let's agree we didn't walk into this meeting to make a

[3:01:04] Trustee Elliott: decision no nobody's made a decision no no no decisions made with

[3:01:08] Voice 12: regard to the side setbacks

[3:01:10] Voice 12: there was a um discussion about screening is that correct that was the screening was part of the

[3:01:18] Voice 12: side setback

[3:01:19] Trustee Elliott: discussion it was brought in but i don't think that's in your lub right now there

[3:01:26] Trustee Elliott: was some consideration of the function of screening and how it could be used by

[3:01:33] Trustee Elliott: through the local government act but i think under stock bill you clarified that

[3:01:39] Trustee Elliott: enforcement on that if we added that into the function of the setback would be really really

[3:01:45] Trustee Elliott: difficult yeah and the

[3:01:46] Voice 12: possible bird sitter fire smart regulation sort of thing so it becomes a

[3:01:51] very difficult um thing that you have

[3:01:56] Voice 12: to administer okay what what are people planting

[3:01:58] Voice 12: yeah um with regards to the stbr what was the reason for um having that april 30th cutoff

[3:02:07] up legally um allowed up until that point but then i'm sort of hazy on that what was the point of

[3:02:17] that

[3:02:19] Trustee Evans (probable): new legislation was brought in by the provincial government that overwrote um like

[3:02:25] Trustee Evans (probable): if we had anything in our bylaws regarding stvrs they removed the ability uh to have any

[3:02:32] Trustee Evans (probable): grandfathered um legally operating stvrs from that date forward so anyone so when we wrote

[3:02:40] Trustee Evans (probable): the bylaws to cover off the stvrs we purposefully worded it so that anyone who was operating prior

[3:02:47] Trustee Evans (probable): to that date could continue operating without the need to come and get a temporary use permit

[3:02:51] Trustee Evans (probable): at their cost and expense and public scrutiny. So they were they were permitted to continue

[3:02:57] Trustee Evans (probable): operating. The provincial government then said no we are removing that from all communities.

[3:03:03] Trustee Evans (probable): You are no longer permitted to be grandfathered in if you have anything in your bylaws. So in

[3:03:09] Trustee Evans (probable): order to continue protecting our community for those that had legally operating STTRs

[3:03:16] Trustee Evans (probable): prior to that date and it's also in it helps support the mandate to make these islands

[3:03:21] Trustee Evans (probable): accessible to all of british colombians because if all those stvrs went away there's nowhere for

[3:03:26] Trustee Evans (probable): them to stay there's and you can't come to the island but we're

[3:03:29] Voice 12: going against the intent of

[3:03:31] Voice 12: virtual legislation no

[3:03:33] Trustee Evans (probable): not no not really um because the provincial legislation is premised

[3:03:40] Trustee Evans (probable): on what is in your bylaw if you don't have it in your bylaw it doesn't apply but the way the

[3:03:45] Trustee Evans (probable): the purpose of the bylaw was meant to continue to protect the people that were operating legally

[3:03:50] Trustee Evans (probable): prior to that but it's just how it was worded now meant that they could no longer legally operate

[3:03:56] Trustee Evans (probable): so we're just putting it back to how it was so

[3:03:59] Trustee Elliott: it's even more nuanced than that i learned just

[3:04:02] Trustee Elliott: in a meeting yesterday with our bylaw enforcement that actually legal non-conforming use when

[3:04:09] Trustee Elliott: when when a local government says we say this is legal law conforming it's not like a permit it

[3:04:16] Trustee Elliott: doesn't confer a special status it actually doesn't hold up in court yeah so it is your

[3:04:23] Trustee Elliott: you're directing your resources your bylaw enforcement to say you're not going to uphold

[3:04:29] Trustee Elliott: that aspect of our um bylaws uh you're not going to enforce on that that's pretty much the powers

[3:04:37] Trustee Elliott: that we're limited to so it's it's not like a judge saying that's now legal so that's why the

[3:04:44] Trustee Elliott: provincial legislation overrides our legal non-conforming use all we're saying is we're

[3:04:52] Trustee Elliott: not going to direct bylaw enforcement to uphold that bylaw to those people so that we have to

[3:04:58] Trustee Elliott: further do this double negative we direct you not to enforce against who have whoever had legal

[3:05:03] Trustee Elliott: non-conforming protection it's a it's a weird workaround it

[3:05:08] Voice 4: really

[3:05:09] Trustee Evans (probable): is and the only way to

[3:05:10] Trustee Evans (probable): really address it would be to go back and rewrite that bylaw what

[3:05:15] Voice 8: do you mean um

[3:05:17] Trustee Evans (probable): because this is uh

[3:05:21] Trustee Evans (probable): because what we've just done is a standing resolution that is sort of like a band-aid

[3:05:26] Trustee Evans (probable): if we really want to address it we'd have to go back in and look at the wording in the bylaw

[3:05:32] Trustee Evans (probable): because the legislation only applies because we have that bylaw.

[3:05:36] Voice 7: So what changes could we possibly take?

[3:05:39] Trustee Evans (probable): That's something that

[3:05:39] Voice 7: we'd have to look into.

[3:05:41] Voice 7: That would address it?

[3:05:43] Trustee Evans (probable): We'd

[3:05:43] Voice 7: have to put

[3:05:44] Trustee Evans (probable): the wording into the bylaw.

[3:05:47] Voice 7: No, but what wording could we put in the bylaw?

[3:05:49] Trustee Evans (probable): Very similar to what we just had here,

[3:05:51] Trustee Evans (probable): but it would actually be part of the bylaw instead of a standing resolution.

[3:05:53] Trustee Evans (probable): solution I

[3:05:54] Trustee Elliott: imagine you could do a function like all currently operating short-term vacation rentals

[3:06:03] Trustee Elliott: if you meet these conditions you don't have to apply for a temporary use permit you are

[3:06:09] Trustee Elliott: operating legally we recognize that as a home occupation like they're allowed as a home

[3:06:15] Trustee Elliott: occupation uses a bed and breakfast so it's yeah

[3:06:21] Trustee Evans (probable): so I mean that that that would require like

[3:06:23] Trustee Evans (probable): Like what we're doing right now, looking at the bylaws,

[3:06:26] Trustee Evans (probable): that would require that level of effort.

[3:06:28] Trustee Evans (probable): That's why it's actually sitting as a future project.

[3:06:31] Trustee Evans (probable): But between now and that future project occurring,

[3:06:33] Trustee Evans (probable): we have a band-aid in place.

[3:06:35] Trustee Evans (probable): And I think it's only because

[3:06:36] Trustee Elliott: South Pender was the only local trust

[3:06:39] Trustee Elliott: and committee that didn't have any way for people to legalize

[3:06:44] Trustee Elliott: their short-term vacation rentals.

[3:06:46] Trustee Elliott: All the other LTCs had something like a TUP.

[3:06:51] Trustee Elliott: South Pender brought it in quite late.

[3:06:53] Trustee Elliott: events there's all these um vacation rentals operating which is why up to a certain date

[3:06:59] Trustee Elliott: they became that

[3:07:00] Voice 7: that that date i'm just you will apply that doesn't affect the other islands

[3:07:06] Trustee Elliott: no it affects all the other islands but you're the one you're when your ltc has a lot all of

[3:07:13] Trustee Elliott: your stvrs are legal non-conforming because you didn't have a way none of them have a tup

[3:07:18] Trustee Elliott: None of them have a TUP because it came in so late into your LUB.

[3:07:23] Trustee Elliott: It just came in the last term, like the last year of the last term.

[3:07:26] Trustee Elliott: So it made all the ones that have been operating now became legal non-conforming.

[3:07:30] Trustee Elliott: You used the term grandfather, it is technically legal non-conforming.

[3:07:34] Trustee Elliott: So then those would have been wiped out by this provincial legislation.

[3:07:38] Trustee Evans (probable): There

[3:07:38] Trustee Elliott: is no legal STDR myself.

[3:07:43] Voice 9: I'm not sure you have a TUP.

[3:07:44] Voice 9: Yeah.

[3:07:45] Trustee Elliott: Yeah. Which we had one application last year, I remember. Yeah. So that whole, very confusing.

[3:07:52] Voice 11: Very, very confusing.

[3:07:55] Voice 11: My objective was get rid of short-term vacation rentals because of the housing crisis.

[3:08:00] Voice 11: No. To

[3:08:01] Voice 11: require

[3:08:03] Trustee Elliott: them all to be registered in the provincial registry.

[3:08:06] Trustee Elliott: stream um and so gabriola ltc opted into the legislation but the only part that applies the

[3:08:15] Trustee Elliott: island's trust area is this removal of legal non-conforming use and the principal residency

[3:08:21] Trustee Elliott: requirement and

[3:08:23] Voice 12: so that actually has to live on the property

[3:08:24] Trustee Elliott: you have to live on the property

[3:08:26] Trustee Evans (probable): which unfortunately for south panda is rather big issue because a lot of people here they've um

[3:08:32] Trustee Evans (probable): that's been in the family for generations, and they don't live here full-time, or they're not

[3:08:37] Trustee Evans (probable): living here full-time yet. I'll

[3:08:38] Voice 11: speak to my own experience. The only reason I, one of the

[3:08:42] Voice 11: nominal reasons I'm actually on South Bend is because I got to stay in short-term vacation

[3:08:45] Voice 11: rental, and I stayed there a few times before I made the decision to move here, and having recently

[3:08:52] Voice 11: had an event at our property where 32 people came from off the island, thank you, and had to

[3:08:59] Voice 11: accommodate them uh at the end of july without there were some people that stayed in short-term

[3:09:06] Voice 11: vacation rental airbnbs that without that we wouldn't have been able to accommodate them except

[3:09:10] Voice 11: uh it was 780 dollars a night which no one can

[3:09:16] Trustee Evans (probable): right well okay i shouldn't say that i cannot

[3:09:19] Trustee Evans (probable): afford that yeah so people on my street they're gonna afford that just

[3:09:23] Voice 12: to clarify that based on

[3:09:26] Voice 12: the provincial legislation on south pender are all stvr's then either legally non-conforming or

[3:09:35] Voice 12: they're illegal is that because there's only those two categories currently illegal they're illegal

[3:09:45] Voice 12: if they were operating without a license after may

[3:09:49] Trustee Evans (probable): 30 as of like half an hour up to half an

[3:09:54] Trustee Evans (probable): hour ago they were all operating illegally. Now they are legal non-conforming.

[3:10:03] Trustee Evans (probable): So they

[3:10:03] Trustee Evans (probable): are now legally legal non-conforming whereas before they were just

[3:10:08] Trustee Evans (probable): legal. Okay I'm going to shut this very

[3:10:10] Trustee Evans (probable): heated conversation. Oh come

[3:10:11] Trustee Evans (probable): on we can get this like

[3:10:12] Trustee Evans (probable): That's still available, but I thought you all made it.

[3:10:15] Trustee Evans (probable): Motion to adjourn.

[3:10:17] Trustee Evans (probable): Adjourn.

[3:10:18] Trustee Evans (probable): Adjourn.

[3:10:18] Trustee Evans (probable): Okay.

[3:10:19] Trustee Elliott: Bye, everyone.

[3:10:20] Trustee Elliott: Thank you.

[3:10:21] Trustee Elliott: Thank you.

[3:10:23] Trustee Elliott: I can't even.

[3:10:24] Trustee Elliott: I'm tired.

South Pender Local Trust Committee 
Regular Business Meeting 
September 13, 2024 ADOPTED Page 1 of 8 
 
South Pender Island Local Trust Committee 
Minutes of Regular Meeting 
 
Date:  
Location:  
September 13, 2024 
South Pender Fire Hall 
8961 Gowlland Point Road, South Pender Island, BC 
 
Members Present: Tobi Elliott, Chair 
 Dag Falck, Local Trustee 
 Kristina Evans, Local Trustee 
  
Staff Present: Kim Stockdill, Island Planner 
 Sarah Shugar, Recorder (electronic) 
  
Others Present: There were eleven (11) members of the public present 
  
 
1. CALL TO ORDER 
Chair Elliott called the meeting to order at 10:30 a.m. She acknowledged that the meeting was 
held on the territory of the Coast Salish First Nations. 
2. APPROVAL OF AGENDA 
 By general consent the agenda was approved as presented. 
3. TRUSTEE REPORT 
 Trustee Evans reported the following: 
 Attended Trust Council in June 2024 
 Attended Trust Council Committee of the Whole meetings regarding the draft Islands 
Trust Policy Statement 
 Attended eight Chief Administrative Officer Hiring Committee meetings and it is 
expected that the committee will make a recommendation to Trust Council in the Fall 
 Attended three Culturally Committed meetings 
 Attended two Trust Programs Committee meetings and noted upcoming webinar topics 
including living with fire, saltwater intrusion and groundwater conservation, removing 
invasive species and native plant gardening 
 Attended two Finance Committee meetings 
 Attended a meeting regarding the dip with the Ministry of Transportation and 
Infrastructure, McElhanney, Member of Legislative Assembly Olsen’s staff, and the 
Capital Regional District and noted she will follow up regarding the schedule for the 
bridge repair 
 
A D O P T E D 

 
South Pender Local Trust Committee 
Regular Business Meeting 
September 13, 2024 ADOPTED Page 2 of 8 
4. CHAIR'S REPORT 
 Chair Elliott reported the following: 
 Executive Committee has been preparing for the next Trust Council meetings and noted the 
following items on the agenda:  
o Reconsider the interpretation of Section 3 of the Islands Trust Act 
o The Islands Trust Policy Statement Amendment project 
o The Bylaw Compliance and Enforcement Review 
 Chair Elliott will Chair a Committee of the Whole meeting at Trust Council regarding 
interpretation of objective 3 – the ecosystem protection system 
 There has been a significant increase in bylaw enforcement activity on Mudge Island within 
the Gabriola Island Local Trust Area and staff have identified a need for bylaw enforcement 
regulations that are specific to each Local Trust Area 
 Chair Elliott will attend the 2024 Union of BC Municipalities convention and participate in 
meetings with Ministry staff on housing, First Nations engagement, the request for 
legislative review and wildfire management 
 Chair Elliott reported on advancing work through the Regional Planning Committee toward 
developing a framework for legalizing tiny homes on wheels, that could be adopted by Local 
Trust Areas, and which would be brought to Trust Council for decision 
5. ELECTORAL AREA DIRECTOR'S REPORT - None 
6. TOWN HALL AND QUESTIONS 
 A member of the public spoke to a 12,400 square feet house on a 26-acre lot that was approved 
by the North Pender Island Local Trust Committee. They stated there was a missed opportunity 
to require benefits such as Leadership in Energy and Environmental Design (LEED) green building 
practices, rainwater catchment and bird safe window glass. The member of the public stated 
there is an opportunity to set a maximum house size and determine what would be required if 
someone wants to build above the allowed maximum house size. 
 A member of the public stated it would be difficult to enforce LEED green building standards. 
Trustee Evans advised there could be a review for the Development Variance Permit 
(DVP) process that would include requirements for variances and expressed support 
that it could be added the future projects list. 
Island Planner Stockdill reported that the Local Trust Committee (LTC) cannot attach 
conditions to a DVP and advised that the North Pender Island LTC made an amendment 
to the Official Community Plan (OCP) that states “If the LTC considers DVP applications 
to vary maximum floor area of residential dwellings, the following should be 
incorporated into the building proposal where feasible”, which encourages the property 
owner to adopt the principles. 
Chair Elliott added that the Housing Options Toolkit and Zoning Options to Address 
Housing Needs is available on the Islands Trust website. 
A member of the public expressed support for requiring amenities from developers in exchange 
for variances. They expressed concern that a Development Variance Permit (DVP) was approved 
for a large house on South Pender Island to provide space for extended family and variances are 
subjective. The member of the public encouraged the LTC to have regulations that will protect 

 
South Pender Local Trust Committee 
Regular Business Meeting 
September 13, 2024 ADOPTED Page 3 of 8 
from over-development, prioritize protection of water supply and asked whether the water 
specialist presentation is being planned. 
 Trustee Evans reported the DVP was submitted during a time when house size limits 
were updated and there was no community opposition to the application. Trustee Evans 
reported the LTC is required to have a variance process and the LTC considers each 
variance on its own merits. 
Chair Elliott reported that the September 24, 2024 Regional Planning Committee agenda 
package includes an update on the Freshwater Sustainability project and recommended 
the webinar regarding groundwater sustainability. 
Island Planner Stockdill will ask Freshwater Specialist William Shulba to provide the 
definition of freshwater and the LTC could invite him to attend the Community 
Information Meeting. 
A member of the public expressed concern that variances to increase square footage should not 
be approved for more people to live in a house because the house can be sold. They stated that 
variances should be used for adequate vegetative screening. The member of the public 
expressed concern regarding notifications to neighbours for DVP’s, as it can be inflammatory.  
Island Planner Stockdill reported regulations regarding notification of neighbours for 
DVP’s is a legislative requirement in the Local Government Act. 
Trustee Evans reported that South Pender LTC requires notifications to be send out to 
properties within 300 meters and other LTC’s require notifications to properties within 
100 meters. 
A member of the public asked for more information regarding variances. 
Trustee Evans reported housing projects in process were required to get variances at 
the time the bylaw changed. Trustee Evans advised effective bylaws do not result in 
variances and continually using variances means the bylaw does not reflect community 
needs. 
Chair Elliott spoke to problems in the bylaw that are resulting in a significantly high 
number of bylaw enforcement activity on Mudge Island and that the bylaws need to be 
updated to reflect the community needs. 
A member of the public asked if variance applications have been considered by the LTC since the 
new bylaws were adopted. 
 Chair Elliott reported two DVP’s have been received by the LTC since the new bylaws 
were adopted. 
A member of the public stated there is a difference between DVP’s and the Board of Variance. 
A member of the public spoke to the Advisory Planning Commission (APC) discussions regarding 
side lot setbacks and asked if there is benefit to increase side lot setbacks to improve the 
viability of trees, especially in areas such as valleys with significant wind.  
Island Planner Stockdill reported the LTC could ask staff to provide an arborist report. 
Trustee Falck reported the LTC does not have authority over tree cutting. 

 
South Pender Local Trust Committee 
Regular Business Meeting 
September 13, 2024 ADOPTED Page 4 of 8 
Chair Elliott read the following statements from the APC minutes “The Local 
Government Act permits a Local Trust Committee to include screening and landscaping 
for three reasons: masking or separating uses; preserving, protecting, restoring and 
enhancing the natural environment; and preventing hazardous conditions.” and “the 
APC agreed to request that Island Planner Stockdill provide more information to the 
Commission about interior lot screening options discussed today, taking into account 
related provisions in the Local Government Act, and to continue discussion with relevant 
information before making a recommendation to the Local Trust Committee.” 
 
A member of the public commented that the South Pender LTC is the only LTC to require 20-foot 
setbacks and that landscape screening would be difficult to enforce. The member of the public 
stated vegetative screening does not make much impact to reducing noise. 
A member of the public thanked the Trustees for their Trustee reports, specifically the issues 
that Trust Council is discussing and the impacts of the Culturally Committed sessions. The 
member of the public expressed support for discussions regarding the OCP goals and objectives. 
A member of the public expressed disappointment that the APC has recommended reducing lot 
setbacks from 20-feet to 10-feet, as it does not support the rural lifestyle of the island. 
A member of the public expressed support for 20-foot side lot setbacks. 
7. COMMUNITY INFORMATION MEETING - None 
8. PUBLIC HEARING - None 
9. MINUTES 
9.1 Adopted South Pender Island Local Trust Committee Minutes Dated May 10, 2024 (for 
Information) 
Received for information. 
9.2 Section 26 Resolutions-without-meeting Dated September 2024 
Received for information. 
9.3 South Pender Island Advisory Planning Commission Minutes Dated August 9, 2024 and 
August 23, 2024 (for Receipt) 
Received for information. 
10. BUSINESS ARISING FROM THE MINUTES 
10.1 Follow-up Action List Dated Sept 2024 
Island Planner Stockdill reported the covenant for 8970 Gowlland Point Road is expected 
to be received soon. 
Received for information. 
11. DELEGATIONS - None 
12. CORRESPONDENCE - None 

 
South Pender Local Trust Committee 
Regular Business Meeting 
September 13, 2024 ADOPTED Page 5 of 8 
Correspondence received concerning current applications or projects is posted on the LTC 
webpage 
13. APPLICATIONS AND REFERRALS - None 
14. LOCAL TRUST COMMITTEE PROJECTS 
14.1 Minor Land Use Bylaw Amendment Project - Staff Report 
  Island Planner Stockdill summarized the staff report and highlighted the following: 
 The Advisory Planning Commission (APC) made the following recommendations to 
the Local Trust Committee: 
o To retain the 50-meter setback to the natural boundary of the sea 
o To revert the interior and side lot setbacks to 10-feet 
o To retain the current setback of 6.0 meters for a dwelling or cottage from 
any interior or exterior side lot line 
o To amend subsection 5.1(10) by deleting “to submit a certification from an 
appropriately qualified person” and replacing it with “substantive evidence 
to establish.” 
 The APC will meet in October to discuss maximum floor area and other minor 
technical amendments 
 The APC will provide their final comments at the December 2024 meeting 
   
  Discussion ensued and the following comments were noted: 
 A Trustee asked whether there a risk to the project taking longer than the current 
Trustee terms. Island Planner Stockdill advised there is time to complete the project 
within the current Trustee terms 
 A Trustee asked whether the APC discussed separate zoning for areas with more 
density. APC members advised the APC discussed separate zoning for specific areas 
 A Trustee suggested having meetings to discuss individual sections of the project 
such as setbacks to the sea and interior/side lot setbacks 
 
The meeting recessed at 12:03 p.m. for a break and reconvened at 12:20 p.m. 
 
 Chair Elliott requested staff to provide a map and examples of impacts to floor area 
to help with decision-making. Island Planner Stockdill will provide the materials 
requested 
 A Trustee expressed concern that the Islands Trust tools are not effective in 
protecting the environment 
 There was a question regarding vegetative screening. Island Planner Stockdill spoke 
to factors and limitations related to vegetative screening 
 
SP-2024-011 
It was Moved and Seconded, 
that South Pender Island Local Trust Committee request that staff to revise the 
Minor LUB Amendments Project Charter timeline as shown in the staff report 
dated September 13, 2024. 
CARRIED 

 
South Pender Local Trust Committee 
Regular Business Meeting 
September 13, 2024 ADOPTED Page 6 of 8 
15. REPORTS 
15.1 Work Program Reports 
15.1.1 Active Projects Report Dated Sept 2024 
 Island Planner Stockdill reported there is a North Pender Island Local Trust 
Committee online housing survey that is open to North and South Pender Island 
residents and Island Planner Stockdill will ask Planner Smith to send the survey 
link out to the subscriber mailing list. 
Received for information. 
15.1.2 Future Projects Report Dated Sept 2024 
 Received for information. 
15.2 Applications Report - None 
15.3 Trustee and Local Expense Report Dated July 2024 
 It was noted the expense report in the agenda package is the Galiano Island Local Trust 
Committee expense report. 
15.4 Adopted Policies and Standing Resolutions 
  Received for information. 
15.5 Local Trust Committee Webpage 
  No updates at this time. 
15.6 Reconciliation and First Nation Relationship Building 
  Paul Petrie reported the following: 
 An event was held on August 8, 2024 to acknowledge and honour the ancient village 
of QENEN,IW
̱
 which was located where Poet’s Cove resort now sits 
o The W
̱
SÁNEĆ signage project includes a panel that describes and 
honours the original reef net site at SXIXŦE where the culturally 
important reef net technology was developed 
o This was a very important event/initiative by the W
̱
SÁNEĆ Leadership 
Council and the W
̱
SÁNEĆ School Board in partnership with the Sothern 
Gulf Islands Community Resources Centre and the S,DÁYES Reconcili-
Action team 
o The W
̱
SÁNEĆ shared a sacred blessing song, presented a traditional 
dance with the W
̱
SÁNEĆ dancers, and Elders shared stories and song to 
honour the event 
o Hereditary Chief Eric Pelkey (W
̱
IĆKINEM) led the event sharing the story 
of how the village of QENEN,IW
̱
 was named and to honour the 
important recognition of their cultural heritage 
o The event concluded with a salmon feast at the reserve land 
o This event is an important step in strengthening our community to 
community relationship with our W
̱
SÁNEĆ friends and neighbours 
whose traditional Homeland we are privileged to share 

 
South Pender Local Trust Committee 
Regular Business Meeting 
September 13, 2024 ADOPTED Page 7 of 8 
 The ṮEṮÁĆES Revitalization Project was awarded the prestigious BC Lands Award, 
for the four videos that provided the perspective of W
̱
SÁNEĆ Elders on their 
historical and cultural connection with the Southern Gulf Islands, their “relatives of 
the deep” 
 The Real Estate Foundation has recently approved a $60,000 grant to provide 
additional cultural signage and the next installation will be at the community hall 
 Kevin Brownlee will be speaking at St. Peter’s Anglican Hall on September 30, 2024 
at 7:00 p.m. 
o Kevin Brownlee has Indigenous and European heritage and will be 
sharing his life experiences as an adoptee who is reclaiming his cultural 
heritage 
o Kevin is the curator of Indigenous Collections and Repatriation at the 
Royal BC Museum 
 Acknowledged the Local Trust Committee for including Reconciliation and First 
Nation Relationship Building as a standing agenda item 
15.7 Islands Trust Conservancy Report Dated May and July 2024 
  Received for information. 
16. NEW BUSINESS 
16.1 Dark Sky Principles Adoption Advocacy Briefing 
   SP-2024-012 
It was Moved and Seconded, 
that South Pender Island Local Trust Committee direct staff to notify Trustee 
Morrison of South Pender Island Local Trust Committee’s interest in pursuing 
further exploration of policy and advocacy options relating to Dark Sky 
Principles. 
CARRIED 
16.2 Short Term Vacation Rental (STVR) Enforcement Policy - Staff Report 
Island Planner Stockdill summarized the staff report and highlighted the following: Bylaw 
enforcement staff have confirmed that adoption of the proposed motion would cease 
any proactive enforcement resulting from advertisement by only accepting written 
complaints and ensure that if a written complaint is received and an operation was 
validly operating as of April 30, 2024, enforcement would not proceed. 
 
SP-2024-013 
It was Moved and Seconded, 
that South Pender Island Local Trust Committee directs Bylaw Enforcement staff 
to defer enforcement for those short-term vacation rentals validly operating as 
of April 30, 2024 and that enforcement on any short term vacation rentals be by 
written complaint only. 
CARRIED 
17. UPCOMING MEETINGS 
17.1 Next Regular Meeting Scheduled for December 6, 2024 at the Fire Hall, Pender Island 

 
South Pender Local Trust Committee 
Regular Business Meeting 
September 13, 2024 ADOPTED Page 8 of 8 
18. TOWN HALL  
A member of the public recommended banning upper facing lights to reduce light pollution. 
They stated that the change to short term vacation rental (STVR) bylaw enforcement policy is 
turning a blind eye unless a written complaint is received. They added that it is important for the 
community engagement to be complete prior to making any decisions regarding the Land Use 
Bylaw Amendment Project. 
 
Trustees spoke to their decision-making process related to the Land Use Bylaw 
Amendment Project. 
 
A member of the public asked for clarification regarding vegetative screening related to side lot 
setbacks and stated it is important to consider FireSmart principles. The member of the public 
asked for clarification regarding the April 30, 2024 date related to STVR’s. 
 Trustee Evans reported Provincial legislation removed legal, non-conforming use for 
STVR’s. Trustee Evans advised the Local Trust Committee’s (LTC) resolution to “direct 
Bylaw Enforcement staff to defer enforcement for those short-term vacation rentals 
validly operating as of April 30, 2024 and that enforcement on any short term vacation 
rentals be by written complaint only” is a temporary solution as the LTC recognizes that 
STVR’s support the Islands Trust mandate for the Islands Trust Area to be accessible to 
visitors.  
 Chair Elliott reported that legal, non-conforming use is not like a permit and does not 
hold up in court and one option could include that current operating STVR’s could be 
recognized as a home based occupation. 
A member of the public commented that bylaw enforcement against STVR’s was intended to 
increase long-term housing.  
 Chair Elliott reported the Gabriola Island LTC opted in to the Provincial legislation and 
the sections that apply to the Islands Trust Area are the removal of legal, non-
conforming use and the principal residency requirement. 
19. CLOSED MEETING - None 
20. ADJOURNMENT 
By general consent the meeting was adjourned at 1:42 p.m. 
 
_________________________ 
Tobi Elliott, Chair 
 
Certified Correct: 
 
_________________________ 
Sarah Shugar, Recorder