Public Hearing Re: Bylaw 445, 2017

Home , Bowen Island

Mission Statement In carrying out its mandate, Bowen Island Municipality will work towards conducting operations in a way that: • Improves the economic, environmental and social well-being for present and future generations; • Encourages and fosters community involvement; • Enhances the small, friendly, caring character of the community; • Maintains an open, accountable and effective operation; and • Preserves and enhances the unique mix of natural ecosystems and green spaces that Bowen Island possesses.

NOTICE: That a Public Hearing will be held at Municipal Hall, 981 Artisan Lane on Monday, March 12, 2018 at 6:30 PM for the transaction of business listed below.

Tyler Ruggles, Council Clerk

REVISED AGENDA Public Hearing Monday, March 12, 2018

(REVISED TO INLCUDE ON-TABLE ITEMS)

Page Timing OPENING OF PUBLIC HEARING 6:30 PM 1. PUBLIC HEARING PROCEDURE

1.1 Mayor Skeels will describe the procedure for the Public Hearing. 9

2. PURPOSE OF BYLAW

2.1 The purpose of Bowen Island Municipality Land Use Bylaw No. 57, 2002, 10 - 11 Amendment Bylaw No. 445, 2017 is to clarify the prohibition in the Land Use Bylaw for docks or other structures in the WG1b Zone, the shoreline of Cape Roger Curtis. The amended zone would prohibit the following structures, facilities, and uses: • Dock, pier, wharf, piling or other structures; and • Moorage, other than moorage necessary for navigational or emergency situation.

Bowen Island Municipality March 12, 2018 Public Hearing Meeting Page 1 of 224

3. PRESENTATION

3.1 Daniel Martin, Manager of Planning & Development re: Overview of (RZ- 12 - 18 04-2017) Water General 1(b) Amendments.

a. PowerPoint Presentation re: (RZ-04-2017) Water General 1(b) 19 - 32 Amendments.

4. PUBLIC HEARING BACKGROUND INFORMATION

4.1 Notice of Public Hearing 33 - 34

4.2 Additional Background Information re: Bylaw No.445, 2017 can be viewed on the Municipal website.

4.3 Daniel Martin, Manager of Planning & Development re: First Reading 35 - 45 Water General 1b Zone Amendment, dated Sept 11, 2017.

4.4 Daniel Martin, Manager of Planning & Development re: Second Reading 46 - 52 Water General 1b Zone Amendment, dated November 27, 2017.

5. PUBLIC HEARING SUBMISSSIONS/INPUT For verbal submissions, please add your name and address to the speakers list. For written submissions, please provide a copy to the note-taker* *Written submissions received after the opening of the hearing up until the close of the hearing will be received by Council and included in the Minutes of the Public Hearing. Council may not receive further submissions, written or verbal, after the close of this hearing.

5.1 Call for Public Input:

Mayor Skeels will call for public input (verbal and written submissions).

Mayor Skeels will call a second time for any further submissions.

Mayor Skeels will call a third and final time for any further submissions regarding Bowen Island Municipality Land Use Bylaw No. 57, 2002, Amendment Bylaw No. 445, 2017.

5.2 Written submissions received up to March 9, 2018:

a. Murray Atherton, dated January 18, 2018 53

b. Bruce Russell, dated January 19, 2018 54 - 56

c. Cro Lucas, dated January 19, 2018 57

d. Haig Farris re CRC Water Zone Amendment, dated January 19, 2018 58

e. Jim Wright re CRC Water Zone Amendment, dated January 19, 2018 59

f. Alan M. Hetherington re CRC Water Zone Amendment, dated January 20. 60 2018

g. Erwen & Patricia Smith re CRC Water Zone Amendment, dated January 61 21, 2018

Bowen Island Municipality March 12, 2018 Public Hearing Meeting Page 2 of 224 h. Don Ho, The Cape on Bowen Ltd., CEO re CRC Water Zone Amendment, 62 dated January 21. 2018 i. Don Ho re CRC Water Zone Amendment, dated January 21. 2018 63 j. Don MacLean re CRC Water Zone Amendment, dated January 22. 2018 64 k. Oydis Nickle, Union Steamship Co Ltd., Genl Mgr re CRC Water Zone 65 Amendment, dated January 22. 2018 l. Tanis Layzell re CRC Water Zone Amendment, dated January 22. 2018 66 m. Michael and Claire Rushton re CRC Water Zone Amendment, dated 67 January 22, 2018 n. John Dowler re CRC Water Zone Amendment, dated January 22, 2018 68 - 69 o. Heather Woodall re CRC Water Zone Amendment, dated March 3, 2018 70 p. Paul Zysman re CRC Water Zone Amendment, dated March 6, 2018 71 q. Bill Brown re CRC Water Zone Amendment, dated March 6, 2018 72 r. James Lafferty re: CRC Water Zone Amendment, dated March 6, 2018 73 - 74

s. Don Ho re CRC Water Zone Amendment, dated March 8, 2018 75 - 76

t. Zhao Song re CRC Water Zone Amendment, dated March 8, 2018 77

u. Janet Weld re CRC Water Zone Amendment, dated March 8, 2018 78

v. Janey Cruice re CRC Water Zone Amendment, dated March 8, 2018 79

w. Ron & Gael Booth re CRC Water Zone Amendment, dated March 8, 2018 80

x. Steve Hoffar re CRC Water Zone Amendment, dated March 8, 2018 81

y. Robert & Isabel Sangster re CRC Water Zone Amendment, dated March 82 9, 2018 z. Yunxia Zhao re CRC Water Zone Amendment, dated March 7, 2018 83

aa. Ainslie Manson, dated March 11, 2018 84

ab. Amrita Sondhi, dated March 12, 2018 85

Bowen Island Municipality March 12, 2018 Public Hearing Meeting Page 3 of 224 ac. Anita Bleick, dated March 12, 2018 86

ad. Ann Silberman, dated March 12, 2018 87

ae. Beverley Lindsey, dated March 11, 2018 88

af. Bob McCaskill, dated March 10, 2018 89 - 90

ag. Bruce Russell - Wilmot reply, dated March 12, 2018 91 - 92

ah. Buff Allen, dated March 12, 2018 93

ai. Deb Thomson, dated March 11, 2018 94

aj. Deborah Bramm, dated March 11, 2018 95

ak. Denis Lynn, dated March 11, 2018 96 - 98

al. Dennis Vetter, dated March 11, 2018 99

am. Don Ho, dated March 9, 2018 100

an. Doug Hooper, dated March 12, 2018 101 - 102

ao. Eagle Tree Strata, dated March 12, 2018 103

ap. Edna Thomson, dated March 11, 2018 104

aq. Edwin Lee, dated March 10, 2018 105

ar. Ellen Coburn, March 12, 2018 106

as. Eric Sherlock, dated March 10, 2018 107

at. Haig Farris, dated March 12, 2018 108

Bowen Island Municipality March 12, 2018 Public Hearing Meeting Page 4 of 224 au. Heather Woodall, dated March 12, 2018 109

av. Holly Cleator, dated March 11, 2018 110

aw. Ian Thomson, dated March 12, 2018 111

ax. Jack Little, dated March 12, 2018 112

ay. Jack Silberman, dated March 11, 2018 113

az. Jacquie Mani, dated March 12, 2018 114

ba. Jake, Judy, Tim C and Tim B Kerr, dated March 10, 2018 115

bb. James Hickling, dated March 9, 2018 116 - 117

bc. James Topham, dated March 11, 2018 118

bd. John Adams, dated March 12, 2018 119

be. John H Wilmot, dated March 12, 2018 120

bf John Sbragia, dated March 11, 2018 121 - 182

bg. Judy Balko, dated March 11, 2018 183

bh. Ken Hallett, dated March 10, 2018 184

bi Larry Oliver and Alison Downie, dated March 9, 2018 185

bj. Len Gilday, dated March 10, 2018 186

bk. Lesley Gaunt, dated March 11, 2018 187

bl. Louise Escallier, dated March 12, 2018 188

Bowen Island Municipality March 12, 2018 Public Hearing Meeting Page 5 of 224 bm. Nerys Poole, dated March 11, 2018 189

bn. Owen Plowman, dated March 12, 2018 190

bo. Peter Williamson, dated March 11, 2018 191

bp. Peter Wing, dated March 11, 2018 192 - 193

bq. Richard Anderson, dated March 10, 2018 194

br. Richard Wiefelspuett, dated March 11, 2018 195

bs. Rondy Dike, dated March 12, 2018 196

bt. Rosemary J. Knight, dated March 11, 2018 197

bu. Ruta Yawney, dated March 12, 2018 198

bv. Susan Alexander, dated March 12, 2018 199

bw. Tamsin Miley, dated March 11, 2018 200

bx. Tanis Layzell, dated March 12, 2018 201

by. Tarla Curran, dated March 12, 2018 202

bz. Tarrnie Williams, dated March 11, 2018 203

ca. Tim Rhodes, dated March 12, 2018 204

cb. Wendy Seale-Bakes, dated March 12, 2018 205

cc. Will Husby, dated March 12, 2018 206

cd. Zhao Song, dated March 9, 2018 207

Bowen Island Municipality March 12, 2018 Public Hearing Meeting Page 6 of 224 ce. Allene Drake, dated March 12, 2018 208

cf. Bud Long, dated March 12, 2018 209

cg. Caroline Orr, dated March 6, 2018 210

ch. Denis Lynn, dated March 12, 2018 211 - 213

ci. Ian Henley, dated March 12, 2018 214 - 215

cj. John Dowler image submission, dated March 12, 2018 216

ck. Judi Gedye, dated March 12, 2018 217

cl. Louise Loik, dated March 12, 2018 218

cm. Marty Levenson, dated March 12, 2018 219

cn. Peter Rankin, dated March 12, 2018 220

co. Teresa Plowright, dated March 12, 2018 221

5.3 Minutes from the Public Hearing held January 22, 2018 222 - 224

Bowen Island Municipality March 12, 2018 Public Hearing Meeting Page 7 of 224

6. CLOSURE/ADJOURNMENT OF THE PUBLIC HEARING

6.1 If there is no further public input and Council does not wish to have a further staff report, then:

Recommendation: Recommendation: That all written and verbal submissions regarding Bowen Island Municipality Land Use Bylaw No. 57, 2002, Amendment Bylaw No. 445, 2017 up to and including March 12, 2018 be received and that the Public Hearing be adjourned.

OR if Council wishes to have a further staff report then:

Recommendation: That staff report back to Council regarding the March 12, 2018 Public Hearing regarding Bowen Island Municipality Land Use Bylaw No. 57, 2002, Amendment Bylaw No. 445, 2017 and that the Public Hearing be adjourned to ______in the Municipal Hall Council Chambers.

Bowen Island Municipality March 12, 2018 Public Hearing Meeting Page 8 of 224

MAYOR’S OPENING STATEMENT – PUBLIC HEARING Cape Roger Curtis Water Zone Amendments Land Use Bylaw No.57, 2002, Amendment Bylaw No.445, 2017

This Public Hearing is being convened in order to receive submissions from the public regarding proposed Land Use Bylaw No.57, 2002, Amendment Bylaw No.445, 2017.

Anyone who believes that their interest in property is affected by the proposed bylaw will be given a reasonable opportunity to be heard or to present written submissions respecting matters contained in the proposed bylaws.

Any person who wishes to present a written submission to Council may do so and all written submissions must be received by Council before the close of this hearing and presented to the minute-taker.

If a member of the public wishes to address Council, they will be asked to sign the speakers list and should begin by clearly stating their name and address for the record. Comments should be related to the subject bylaw and be directed to Council.

Members of Council may ask questions to seek clarification following your presentation on points raised. However, the main function of the Council members is to listen to the views of the public. It is not the function of Council members to debate the merits of the proposed bylaw with individual citizens.

In considering the proposed bylaw, Council has received documents, which may influence its decision. Those documents are available for review during this hearing.

Your only opportunity to comment on the proposed bylaws is during this hearing, as members of Council may not receive further submission, verbal or in writing, after the close of this hearing. Council can determine when the proposed bylaws will be scheduled for consideration and Council may either adopt or defeat the bylaws, or alter and then adopt the bylaws provided that the alteration does not alter the use; increase the density; or without the owner’s consent, decrease the density, of any area from that originally specified in the bylaw.

Page 9 of 224 BOWEN ISLAND MUNICIPALITY BYLAW No. 445, 2017

A Bylaw to amend Bowen Island Municipality Land Use Bylaw No. 57, 2002

WHEREAS Bowen Island Land Use Bylaw No. 57, 2002 establishes zoning classifications and regulations for land and water within the Bowen Island Municipality;

AND WHEREAS the Council of the Municipality wishes to minimize negative impacts from development in the Cape Roger Curtis area and to protect the natural and scenic values of the coastline of that area;

AND WHEREAS the Council of Bowen Island Municipality deems it necessary to amend “Bowen Island Municipality Land Use Bylaw No. 57, 2002”;

THEREFORE, Council, in open meeting assembled, enacts as follows:

1. This Bylaw may be cited for all purposes as “Bowen Island Municipality Land Use Bylaw No. 57, 2002, Amendment Bylaw No. 445, 2017”.

2. “Bowen Island Land Use Bylaw No. 57, 2002” is hereby amended at Section 4.13.3 [Exceptions in Particular Locations], by deleting subsection (4) and substituting the following:

(4) Zone Variation – WG 1 (b)

Despite any other provision in this Bylaw, the following structures, facilities and uses are not permitted in the marine coastal area that extends 300 metres seaward from the natural boundary, sea, fronting the lands known as Cape Roger Curtis, legally described as Lots 1 – 59, District Lot 1548, Group 1, New Westminster District, Plan 43265A:

(a) a dock, pier, wharf, piling or other structure or facility connected or affixed to the seabed or connected or affixed to the shoreline or an upland lot by any means, whether or not i. consisting of or including one or more floats, ramps or gangways on or over the surface of the water; ii. consisting of or including a vessel lifting device; iii. allowing for pedestrian access to and from the shore or an upland lot; iv. a community dock, group moorage facility or private moorage facility as defined in this Bylaw; v. as a principal use or structure; or vi. as an accessory use or structure.

Page 1 of 2 Bowen Island Municipality Land Use Bylaw No. 57, 2002, Amendment Bylaw No. 445, 2017.

Page 10 of 224 but not including a buoy, anchor or other navigational aid that is normally carried in the vessel to be moored; or

(b) moorage, other than moorage that is necessary or incidental to a navigational purpose or to deal with a life safety incident or other emergency situation.

READ A FIRST TIME this 11th day of September, 2017;

READ A SECOND TIME this 27th day of November, 2017;

Public Hearing held this ____ day of ______, 2017;

READ A THIRD TIME this ____ day of ______, 2017; AND

FINALLY ADOPTED this ____ day of ______, 2017

______Murray Skeels Sophie Idsinga Mayor Interim Deputy Corporate Officer

Page 2 of 2 Bowen Island Municipality Land Use Bylaw No. 57, 2002, Amendment Bylaw No. 445, 2017.

Page 11 of 224

To: Mayor Skeels and Council

From: Daniel Martin, Island Community Planner

Date: November 17, 2017 Meeting Date: November 27, 2017

Subject: Water General 1 (b) Zone Amendments File No. RZ-04-2017

RECOMMENDATION

That Bylaw No. 445, 2017 cited as “Bowen Island Municipality Land Use Bylaw No. 57, 2002, Amendment Bylaw No. 445, 2017 be read a second time; and

That Council direct staff to schedule a Public Hearing for this bylaw.

PURPOSE To provide Council with information on a rezoning application to amend the Water General 1 (b) zone in the Land Use Bylaw to clarify prohibited uses in this zone for consideration of second reading and discussion.

BACKGROUND In May 2015 Council adopted Bylaw No. 381 which created the zone variation WG1(b) for the foreshore and water area surrounding Cape Roger Curtis. This bylaw was intended to prohibit the construction of private moorage facilities in the area. Council Reports at the time spoke to the Official Community Plan vision for Cape Roger Curtis, and the unique coastal ecology to be preserved.

To clarify the prohibition in Bylaw No. 381 on October 31st, 2016 Council made the following motion: That staff be directed to commence preparation of an amendment to the Land Use Bylaw, consistent with Council’s intention that Bylaw No.381, 2015 stop all further docks at Cape Roger Curtis, to provide, for greater certainty, that the Land Use Bylaw prohibits the construction or placement of any form of private dock, pier, wharf, raft or boat lift facilities at the lands known as Cape Roger Curtis, District Lot 1548, and that prohibits docking, launching from affixed equipment or structures, or moorage in the sea bed adjacent to that area other than temporary moorage for a navigational or emergency purpose.

Staff accordingly drafted Bylaw No. 445. On September 11, 2017 Council gave first reading to the bylaw, and referred it to the Advisory Planning Commission, the Parks and Trails Greenways Committee, and the Islands Trust for comment. All comment received is included in this report.

DETAILS OF THE APPLICATION Land Use Bylaw The Water General 1 (b) zone variation lists the following uses as not permitted:

Page 12 of 224 i. Community Dock, ii. Group Moorage Facility iii. Private Moorage Facility iv. Permanent Moorage

Bylaw No. 445 would remove this zone variation and replace it with a more expansive list of prohibited uses and structures. This would include a dock, pier, wharf, piling or other structure or facility connected or affixed to the seabed or connected or affixed to the shoreline or an upland lot by any means, and moorage, other than moorage that is necessary or incidental to a navigational purpose or to deal with a life safety incident or other emergency situation.

COMMENT RECEIVED Islands Trust The Islands Trust Council met on November 1, 2017 to consider this Bylaw. The Executive Committee resolved as follows: THAT the Islands Trust Executive Committee advise Bowen Island Municipality that Bylaw No. 445, cited as “Bowen Island Municipality Land Use Bylaw No. 57, 2002, Amendment Bylaw No. 445, 2017” is not contrary or at variance to the Islands Trust Policy Statement.

Advisory Planning Commission At their September 18, 2017 meeting the APC discussed this bylaw, and made the following motion:

That the Advisory Planning Commission support Section 4 (a) of the proposed amendment to "Bowen Island Municipality Land Use Bylaw No. 57, 2002, Amendment Bylaw No. 445, 2017", with the following amendments:

1. The addition of the term "structure" to subsection 4 (a) (iii) before "allowing for pedestrian access", and; 2. The deletion of the final section of Section 4 (a) which begins with "but not including...."; and,

That whereas, the Advisory Planning Commission supports the universal opportunity to moor in any location around Bowen Island, Therefore, it be resolved that the Advisory Planning Commission does not support Section 4 (b) of the proposed amendment.

Parks, Trails, and Greenway Advisory Committee (PTGAC) The PTGAC discussed the proposed bylaw at the October 17, 2017 meeting. At the meeting, the committee made the following motion: That the Parks, Trails and Greenways Advisory Committee support the proposed amendment to draft Bylaw No. 445, 2017 cited as "Bowen Island Municipality Land Use Bylaw No. 57, 2002, Amendment Bylaw No. 445, 2017" to clarify prohibited uses.

STAFF DISCUSSION Mooring Buoys At the initial Council Meeting, and at subsequent meetings of the APC and PTGAC, discussion centered around the question of whether the bylaw did or did not allow moorage buoys.

The question regarding permanent moorage buoys in accordance with the draft bylaw actually quite a complicated one and the short answer is that it is not addressed directly in the bylaw either way.

Page 13 of 224

In Bylaw 57, as amended by Bylaw No. 381, there was some confusion over the distinction between uses and structures and so for that reason, when staff drafted Bylaw 451, the prohibition was drafted with respect to “structures, facilities and uses”.

What the bylaw left open was a “buoy, anchor or a navigational aid that is normally carried on the vessel” and temporary/emergency moorage (the latter being the concept of the use and not the structure). There is no restriction on permanent mooring buoys because these are a matter that cannot be regulated by Bowen Island. Under the Constitution Act, 1867, section 91(9) expressly mentions: “beacons, buoys, light houses and Sable Island” as being under exclusive federal jurisdiction. In cases such as a Court of Appeal decision involving West Kelowna, local governments have regulated the permanency of boats mooring within a zone at a buoy (use), but not the buoy itself (structure).

FINANCIAL IMPLICATIONS This application is not anticipated to have financial impacts for the municipality.

COMMUNICATION STRATEGY Following granting of Second Reading, in accordance with the Local Government Act, a public hearing will take place before third reading. Staff will advertise in the Undercurrent and on the municipal website, and send notice to all adjacent property owners.

SUMMARY / CONCLUSION The proposed amendment will clarify prohibited uses in the Water General 1 (b) zone. Staff recommend Council give second reading to Bylaw No. 445 and refer the Bylaw to a Public Hearing.

ALTERNATIVES Council has the following options available: 1. Give second reading to Bylaw No. 445 2017; 2. Refer the proposal back to staff for further information; or 3. Other options as determined by Council.

Attachments and References: Attachment 1 – Amendment Bylaw No. 445, 2017 Attachment 2 – Island Trust Letter

SUBMITTED BY: ______Daniel Martin Island Community Planner

REVIEWED/APPROVED BY: ______Kathy Lalonde Chief Administrative Officer

Bylaw Services ☐

Page 14 of 224 Fire & Emergency ☐

Planning ☒

Public Library ☐

Public Works ☐

Recreation & Community Services ☐

Finance ☐

Corporate Services ☐

Page 15 of 224 BOWEN ISLAND MUNICIPALITY BYLAW No. 445, 2017

A Bylaw to amend Bowen Island Municipality Land Use Bylaw No. 57, 2002

WHEREAS Bowen Island Land Use Bylaw No. 57, 2002 establishes zoning classifications and regulations for land and water within the Bowen Island Municipality;

AND WHEREAS the Council of Bowen Island Municipality deems it necessary to amend “Bowen Island Municipality Land Use Bylaw No. 57, 2002”;

THEREFORE, Council, in open meeting assembled, enacts as follows:

1. This Bylaw may be cited for all purposes as “Bowen Island Municipality Land Use Bylaw No. 57, 2002, Amendment Bylaw No. 445, 2017”.

2. “Bowen Island Land Use Bylaw No. 57, 2002” is hereby amended at Section 4.13.3 [Exceptions in Particular Locations], by deleting subsection (4) and substituting the following:

(4) Zone Variation – WG 1 (b)

Page 1 of 2 Bowen Island Municipality Land Use Bylaw No. 57, 2002, Amendment Bylaw No. 445, 2017.

Page 16 of 224 but not including a buoy, anchor or other navigational aid that is normally carried in the vessel to be moored; or

(b) moorage, other than moorage that is necessary or incidental to a navigational purpose or to deal with a life safety incident or other emergency situation.

READ A FIRST TIME this 11th day of September, 2017;

READ A SECOND TIME this ____ day of ______, 2017;

Public Hearing held this ____ day of ______, 2017;

READ A THIRD TIME this ____ day of ______, 2017; AND

FINALLY ADOPTED this ____ day of ______, 2017

______Murray Skeels Sophie Idsinga Mayor Interim Deputy Corporate Officer

Page 2 of 2 Bowen Island Municipality Land Use Bylaw No. 57, 2002, Amendment Bylaw No. 445, 2017.

Page 17 of 224

200-1627 Fort Street, Victoria, BC V8R 1H8 Telephone (250) 405-5151 Fax (250) 405-5155 Toll Free via Enquiry BC in Vancouver 604.660-2421. Elsewhere in BC 1.800.663.7867 Email [email protected] Web www.islandstrust.bc.ca

November 14, 2017 Bylaw Amendment No.: 445

Hope Dallas Bowen Island Municipality 981 Artisan Lane Bowen Island BC V0N 1G0 Email: [email protected]

Dear Hope Dallas:

Re: BIM – LUB Amendment Bylaw No. 445

The Executive Committee of the Islands Trust Council met on November 1, 2017 to consider the Request for Decision regarding Bowen Island Municipality Land Use Bylaw No. 57, 2002, Amendment Bylaw No. 445, 2017.

The Executive Committee resolved as follows:

THAT the Islands Trust Executive Committee advise Bowen Island Municipality that Bylaw No. 445, cited as “Bowen Island Municipality Land Use Bylaw No. 57, 2002, Amendment Bylaw No. 445, 2017” is not contrary or at variance to the Islands Trust Policy Statement.

Yours truly,

David Marlor, RPP, MCIP Director of Local Planning Services [email protected] 250-405-5169 cc: Emma Restall, Islands Trust Executive Coordinator, by email Daniel Martin, Bowen Island Planner, by email Emma Chow, Bowen Island Planner, by email

Attch: Islands Trust Request for Decision – Nov 1, 2017

Page 18 of 224 Public Hearing RZ-04-2017 Water General 1 (b) Amendment March 12, 2018 Page 19 of 224 LOCATION Page 20 of 224 Zoning

The Water General 1 (b) zone variation lists the following uses as not permitted: i. Community Dock, ii. Group Moorage Facility iii. Private Moorage Facility iv. Permanent Moorage Page 21 of 224 Official Community Plan

Objective 40 To encourage the retention of portions of Cape Roger Curtis in a natural state accessible to the public, including ecologically sensitive coastal bluffs, other sensitive ecosystems such as Arbutus and Douglas Fir Woodland, portions of the shoreline, archaeological features, viewpoints, and significant marine shorelines.

Policy 152 Notwithstanding that Cape Roger Curtis has an approved subdivision plan, the Municipality continues to promote the public interest at Cape Roger Curtis by encouraging the development of the site to: • conserve the majority of the coastline for eco-system protection, but especially the south facing ecologically sensitive and unique coastal bluff; • where there are no adverse ecological impacts, develop public, waterfront, walking trails along the majority of the coastline, connecting to the cross-island greenway; • protect environmentally sensitive areas and rare species; • cluster homes and any other structures in any new development to reduce land disturbance, maximize green space and the opportunity for trails, and facilitate transportation alternatives; and

Page 22 of 224 • minimize and mitigate any negative impacts from Cape Roger Curtis development on the adjacent neighbourhoods and on the island community as a whole. Council Direction

October 31, 2016 That staff be directed to commence preparation of an amendment to the Land Use Bylaw, consistent with Council’s intention that Bylaw No.381, 2015 stop all further docks at Cape Roger Curtis, to provide, for greater certainty, that the Land Use Bylaw prohibits the construction or placement of any form of private dock, pier, wharf, raft or boat lift facilities at the lands known as Cape Roger Curtis, District Lot 1548, and that prohibits docking, launching from affixed equipment or structures, or moorage in the sea bed adjacent to that area other Page 23 of 224 than temporary moorage for a navigational or emergency purpose. Bylaw No. 445

Despite any other provision in this Bylaw, the following structures, facilities and uses are not permitted …: a) a dock, pier, wharf, piling or other structure or facility connected or affixed to the seabed or connected or affixed to the shoreline or an upland lot by any means, whether or not i. consisting of or including one or more floats, ramps or gangways on or over the surface of the water; ii. consisting of or including a vessel lifting device; Page 24 of 224 Bylaw No. 445

iii. allowing for pedestrian access to and from the shore or an upland lot; iv. a community dock, group moorage facility or private moorage facility as defined in this Bylaw; v. as a principal use or structure; or vi. as an accessory use or structure.

but not including a buoy, anchor or other navigational aid that is normally carried in the vessel to be moored; or

Page 25 of 224 b) moorage, other than moorage that is necessary or incidental to a navigational purpose or to deal with a life safety incident or other emergency situation. Council Direction

September 21, 2017 •That Bylaw No. 445, 2017 cited as “Bowen Island Municipality Land Use Bylaw No. 57, 2002, Amendment Bylaw No. 445, 2017 be read a first time; •That Council refer Bylaw No. 445, 2017 to the Advisory Planning Commission, Parks, Trails and Greenways Advisory Committee and the Islands Trust; and •That Council direct staff to report back with the results of the referral

Page 26 of 224 of the application. CARRIED Council Direction

November 27, 2017 •That Bylaw No. 445, 2017 cited as “Bowen Island Municipality Land Use Bylaw No. 57, 2002, Amendment Bylaw No. 445, 2017 be read a second time; and •That Council direct staff to schedule a Public Hearing for this bylaw. CARRIED Page 27 of 224 APC

September 18, 2017 That the Advisory Planning Commission support Section 4 (a) of the proposed amendment to "Bowen Island Municipality Land Use Bylaw No. 57, 2002, Amendment Bylaw No. 445, 2017", with the following amendments: • The addition of the term "structure" to subsection 4 (a) (iii) before "allowing for pedestrian access", and; • The deletion of the final section of Section 4 (a) which begins with "but not including...."; and, That whereas, the Advisory Planning Commission supports the universal opportunity to moor in any location around Bowen Island, Therefore, it be resolved that the Advisory Planning Commission does not Page 28 of 224 support Section 4 (b) of the proposed amendment. PGTAC

October 17, 2017 •That the Parks, Trails and Greenways Advisory Committee support the proposed amendment to draft Bylaw No. 445, 2017 cited as "Bowen Island Municipality Land Use Bylaw No. 57, 2002, Amendment Bylaw No. 445, 2017" to clarify prohibited uses. Page 29 of 224 Islands Trust

The Islands Trust Council met on November 1, 2017 to consider this Bylaw. The Executive Committee resolved as follows: •THAT the Islands Trust Executive Committee advise Bowen Island Municipality that Bylaw No. 445, cited as “Bowen Island Municipality Land Use Bylaw No. 57, 2002, Amendment Bylaw No. 445, 2017” is not contrary or at variance to the Islands Trust Policy Statement. Page 30 of 224 Public Hearing

Public Hearing held January 22, 2018 •4 speakers(2 in favour, 2 opposed) •14 written submissions (1 in favour, 13 opposed) Page 31 of 224 Public Comment

Following initial Public Hearing: Two letters received (1 in favour, 1 opposed) As of March 6, 2018 Page 32 of 224

NOTICE OF PUBLIC HEARING 6:30 PM on Monday March 12, 2018 in Council Chambers Municipal Hall, 981 Artisan Lane, Bowen Island

Bowen Island Municipality Land Use Bylaw No. 57, 2002, Amendment Bylaw No. 445, 2017

PROJECT DESCRIPTION: Bowen Island Council is considering changes to Water General 1(b) (WG1b) Zone (shown on map) to clarify the prohibition in the Land Use Bylaw for docks or other structures in the WG1b Zone. The amended zone would prohibit the following structures, facilities, and uses: • Dock, pier, wharf, piling or other structures; and • Moorage, other than moorage necessary for navigational or emergency situations

Council has decided to hold another public hearing on Bylaw No. 445 as set out in this Notice in order to provide a further opportunity for public input. All materials from the public hearing held on January 22, 2018 shall be brought forward and form part of the record and so there is no requirement for representations or submissions from the first public hearing to be re-submitted

MORE INFORMATION AT MUNICIPAL HALL: Starting Monday, March 5, 2018 the proposed bylaw and background material may be viewed at Municipal Hall between 8:30 AM and 4:30 PM, Monday through Friday (excluding statutory holidays) or on the Municipal website at www.bowenislandmunicipality.ca/planning.

Page 33 of 224

TIMELINE: PUBLIC COUNCIL INTERNAL EXTERNAL FINAL 1ST READING 2nd READING HEARING 3rd READING DIRECTION REVIEW REFERRALS DECISION

October September 11 (Estimated) March March 2016 2017 2018 2018

YOUR COMMENTS ARE WELCOME: Written submissions may be delivered to Municipal Hall (contact information below): • In person • By mail • By fax • By email to [email protected] Submissions may also be made to Mayor and Council at the public hearing. To ensure a fair process, submissions cannot be accepted once the public hearing has ended.

Questions? Please contact Daniel Martin at 604-947-4255 or by email at [email protected].

Page 34 of 224

To: Mayor Skeels and Council

From: Daniel Martin, Island Community Planner

Date: September 1, 2017 Meeting Date: September 11, 2017

Subject: Water General 1 (b) Zone Amendments File No. RZ-04-2017

RECOMMENDATION That Bylaw No. 445, 2017 cited as “Bowen Island Municipality Land Use Bylaw No. 57, 2002, Amendment Bylaw No. 445, 2017 be read a first time; That Council refer Bylaw No. 445, 2017 to the Advisory Planning Commission and the Islands Trust; and That Council direct staff to report back with the results of the referral of the application.

PURPOSE To provide Council with information on an application to amend the Water General 1 (b) zone in the Land Use Bylaw to clarify prohibited uses in this zone. A draft bylaw is presented for consideration of first reading and discussion.

Following adoption of this bylaw owners of properties in Cape Roger Curtis challenged the validity of the bylaw, and the Courts determined that Bylaw No. 381 was a valid use of the municipality’s zoning power.

In July, the Court of Appeal recognized that Council’s intention to prohibit all docks in the zone was clear. However, the Court found that the wording in Bylaw No. 381 was not sufficiently broad to capture all potential docks. Following this decision and Council direction staff have brought a bylaw to amend the WG1(b) zone to capture all potential docks. Figure 1 – Zoning Map

Page 35 of 224

DETAILS OF THE APPLICATION Land Use Bylaw The Water General 1 (b) zone variation lists the following uses as not permitted: i. Community Dock, ii. Group Moorage Facility iii. Private Moorage Facility iv. Permanent Moorage

Official Community Plan: Bowen’s Official Community Plan recognizes the unique ecology of Cape Roger Curtis, and seeks to conserve the significant marine shoreline. This is outlined in, among others, the following Objective and Policy.

Page 36 of 224 • where there are no adverse ecological impacts, develop public, waterfront, walking trails along the majority of the coastline, connecting to the cross-island greenway; • protect environmentally sensitive areas and rare species;

• cluster homes and any other structures in any new development to reduce land disturbance, maximize green space and the opportunity for trails, and facilitate transportation alternatives; and • minimize and mitigate any negative impacts from Cape Roger Curtis development on the adjacent neighbourhoods and on the island community as a whole.

PROPOSED AMENDMENT The proposed amendment would clarify the prohibited uses to better address Council’s direction and Official Community Plan objectives. Bylaw 445 would amend the zone variation WG 1 (b) zone to read as follows:

but not including a buoy, anchor or other navigational aid that is normally carried in the vessel to be moored; or

(b) moorage, other than moorage that is necessary or incidental to a navigational purpose or to deal with a life safety incident or other emergency situation.

FINANCIAL IMPLICATIONS This application is not anticipated to have financial impacts for the municipality.

COMMUNICATION STRATEGY Following granting of First Reading, the next review of this application will include referral to Islands Trust and the Advisory Planning Commission. In accordance with the Local Government Act, a public hearing will take place before third reading.

Page 37 of 224 SUMMARY / CONCLUSION The proposed amendment will clarify prohibited uses in the Water General 1 (b) zone. Staff recommend Council give first reading to Bylaw No. 445 and start the referral process.

ALTERNATIVES Council has the following options available: 1. Give first reading to Bylaw No. 445 2017 and direct staff to conduct external referrals; 2. That Council refer the proposal back to staff for further information; 3. That Council direct staff to not pursue the proposal any further; or 4. Other options as determined by Council.

Attachments and References: Attachment 1 - Draft Amendment Bylaw No. 445, 2017 Attachment 2 – Island Trust Policy Checklist

SUBMITTED BY: ______Daniel Martin Island Community Planner

REVIEWED/APPROVED BY: ______Kathy Lalonde Chief Administrative Officer

Bylaw Services ☐

Fire & Emergency ☐

Planning ☒

Public Library ☐

Public Works ☐

Recreation & Community Services ☐

Finance ☐

Corporate Services ☒

Page 38 of 224 BOWEN ISLAND MUNICIPALITY BYLAW No. 445, 2017

A Bylaw to amend Bowen Island Municipality Land Use Bylaw No. 57, 2002

WHEREAS Bowen Island Land Use Bylaw No. 57, 2002 establishes zoning classifications and regulations for land and water within the Bowen Island Municipality;

AND WHEREAS the Council of Bowen Island Municipality deems it necessary to amend “Bowen Island Municipality Land Use Bylaw No. 57, 2002”;

THEREFORE, Council, in open meeting assembled, enacts as follows:

1. This Bylaw may be cited for all purposes as “Bowen Island Municipality Land Use Bylaw No. 57, 2002, Amendment Bylaw No. 445, 2017”.

2. “Bowen Island Land Use Bylaw No. 57, 2002” is hereby amended at Section 4.13.3 [Exceptions in Particular Locations], by deleting subsection (4) and substituting the following:

(4) Zone Variation – WG 1 (b)

Page 1 of 2 Bowen Island Municipality Land Use Bylaw No. 57, 2002, Amendment Bylaw No. 445, 2017.

Page 39 of 224 but not including a buoy, anchor or other navigational aid that is normally carried in the vessel to be moored; or

(b) moorage, other than moorage that is necessary or incidental to a navigational purpose or to deal with a life safety incident or other emergency situation.

READ A FIRST TIME this ____ day of ______, 2017;

READ A SECOND TIME this ____ day of ______, 2017;

Public Hearing held this ____ day of ______, 2017;

READ A THIRD TIME this ____ day of ______, 2017; AND

FINALLY ADOPTED this ____ day of ______, 2017

______Murray Skeels Hope Dallas Mayor Deputy Corporate Officer

Page 2 of 2 Bowen Island Municipality Land Use Bylaw No. 57, 2002, Amendment Bylaw No. 445, 2017.

Page 40 of 224 1

POLICY STATEMENT DIRECTIVES ONLY CHECK LIST

Bylaw No. 445, 2017 – File: WG1(b) Amendment RZ-04-2017 PURPOSE To provide staff with the Directives Only Checklist to highlight issues addressed in staff reports and as a means to ensure Local Trust Committee address certain matters in their official community plans and regulatory bylaws and Island Municipalities address certain matters in their official community plans and to reference any relevant sections of the Policy Statement.

POLICY STATEMENT The Policy Statement is comprised of several parts. Parts I and II outline the purpose, the Islands Trust object, and Council’s guiding principles. Parts III, IV and V contain the goals and policies relevant to ecosystem preservation and protection, stewardship of resources and sustainable communities.

There are three different kinds of policies within the Policy Statement as follows: • Commitments of Trust Council which are statements about Council’s position or philosophy on various matters; • Recommendations of Council to other government agencies, non-government organizations, property owners, residents and visitors; and • Directive Policies which direct Local Trust Committees and Island Municipalities to address certain matters.

DIRECTIVES ONLY CHECK LIST The Policy Statement Directives Only Checklist is based on the directive policies from the Policy Statement (Consolidated April 2003) which require Local Trust Committees to address certain matters in their official community plans and regulatory bylaws and Island Municipalities to address certain a matters in their official community plans in a way that implements the policy of Trust Council.

Staff will use the Policy Statement Checklist (Directives Only) to review Local Trust Committee and Island Municipality bylaw amendment applications and proposals to ensure consistency with the Policy Statement. Staff will add the appropriate symbol to the table as follows:  if the bylaw is consistent with the policy from the Policy Statement, or Page 41 of 224  if the bylaw is inconsistent (contrary or at variance) with a policy from the Policy Statement, or N/A if the policy is not applicable.

Part III Policies for Ecosystem Preservation and Protection

CONSISTENT NO. DIRECTIVE POLICY 3.1 Ecosystems Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address the  3.1.3 identification and protection of the environmentally sensitive areas and significant natural sites, features and landforms in their planning area. Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address the N/A 3.1.4 planning, establishment, and maintenance of a network of protected areas that preserve the representative ecosystems of their planning area and maintain their ecological integrity. Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address the  3.1.5 regulation of land use and development to restrict emissions to land, air and water to levels not harmful to humans or other species. 3.2 Forest Ecosystems Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address N/A 3.2.2 the protection of unfragmented forest ecosystems within their local planning areas from potentially adverse impacts of growth, development, and land-use. 3.3 Freshwater and Wetland Ecosystems and Riparian Zones Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address  3.3.2 means to prevent further loss or degradation of freshwater bodies or watercourses, wetlands and riparian zones and to protect aquatic wildlife. 3.4 Coastal and Marine Ecosystems Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address the 3.4.4  protection of sensitive coastal areas. Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address the 3.4.5  planning for and regulation of development in coastal regions to protect natural coastal processes.

PART IV: Policies for the Stewardship of Resources

CONSISTENT NO. DIRECTIVE POLICY 4.1 Agricultural Land Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address the 4.1.4 N/A identification and preservation of agricultural land for current and future use. Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address the Page 42 of 224 N/A 4.1.5 preservation, protection, and encouragement of farming, the sustainability of farming, and the relationship of farming to other land uses. Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address the 4.1.6 N/A use of adjacent properties to minimize any adverse affects on agricultural land. 3

CONSISTENT NO. DIRECTIVE POLICY Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address the N/A 4.1.7 design of road systems and servicing corridors to avoid agricultural lands unless the need for roads outweighs agricultural considerations, in which case appropriate mitigation measures shall be required to derive a net benefit to agriculture Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address 4.1.8 land uses and activities that support the economic viability of farms without compromising the agriculture capability of N/A agricultural land. Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address the 4.1.9 N/A use of Crown lands for agricultural leases. 4.2 Forests Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address the 4.2.6 N/A need to protect the ecological integrity on a scale of forest stands and landscapes. Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address the N/A 4.2.7 retention of large land holdings and parcel sizes for sustainable forestry use, and the location and construction of roads, and utility and communication corridors to minimize the fragmentation of forests. Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address the N/A 4.2.8 designation of forest ecosystem reserves where no extraction will take place to ensure the preservation of native biological diversity. 4.3 Wildlife and Vegetation 4.4 Freshwater Resources Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address measures that ensure neither the density nor intensity of land use is increased in areas which are known to have a problem 4.4.2 N/A with the quality or quantity of the supply of freshwater, water quality is maintained, and existing, anticipated and seasonal demands for water are considered and allowed for. Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address 4.4.3 N/A measures that ensure water use is not to the detriment of in-stream uses 4.5 Coastal Areas and Marine Shorelands Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address the 4.5.8 N/A needs and locations for marine dependent land uses. Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address the 4.5.9 N/A compatibility of the location, size and nature of marinas with the ecosystems and character of their local planning areas. Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address the  4.5.10 location of buildings and structures so as to protect public access to, from and along the marine shoreline and minimize impacts on sensitive coastal environments.

Page 43 of 224 Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address 4.5.11 N/A opportunities for the sharing of facilities such as docks, wharves, floats, jetties, boat houses, board walks and causeways. 4.6 Soils and Other Resources N/A 4.6.3 Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address the 4

protection of productive soils.

PART V: Policies for Sustainable Communities

CONSISTENT NO. DIRECTIVE POLICY 5.1 Aesthetic Qualities Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address  5.1 3 the protection of views, scenic areas and distinctive features contributing to the overall visual quality and scenic value of the Trust Area. 5.2 Growth and Development Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address 5.2.3 N/A policies related to the aesthetic, environmental and social impacts of development. Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address N/A 5.2.4 any potential growth rate and strategies for growth management that ensure that land use is compatible with preservation and protection of the environment, natural amenities, resources and community character. Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address N/A 5.2.5 means for achieving efficient use of the land base without exceeding any density limits defined in their official community plans. Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address N/A 5.2.6 the identification of areas hazardous to development, including areas subject to flooding, erosion or slope instability, and strategies to direct development away from such hazards. 5.3 Transportation and Utilities Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address N/A 5.3.4 the development of a classification system of rural roadways, including scenic or heritage road designations, in recognition of the object of the Islands Trust. Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address 5.3.5 N/A the impacts of road location, design, construction and systems. Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address 5.3.6 N/A the designation of areas for the landing of emergency helicopters. Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address N/A 5.3.7 the development of land use patterns that encourage establishment of bicycle paths and other local and inter-community transportation systems that reduce dependency on private automobile use. 5.4 Disposal of Waste Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address N/A 5.4.4 the identification of acceptable locations for the disposal of solid waste. Page 44 of 224

CONSISTENT NO. DIRECTIVE POLICY 5.5 Recreation 5

Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address 5.5.3 N/A the prohibition of destination gaming facilities such as casinos and commercial bingo halls. Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address  5.5.4 the location and type of recreational facilities so as not to degrade environmentally sensitive areas, and the designation of locations for marinas, boat launches, docks and anchorages so as not to degrade sensitive marine or coastal areas. Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address the identification of sites providing safe public access to beaches, the identification and designation of areas of 5.5.5 N/A recreational significance, and the designation of locations for community and public boat launches, docks and anchorages. Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address N/A 5.5.6 the identification and designation of areas for low impact recreational activities and discourage facilities and opportunities for high impact recreational activities. Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address 5.5.7 N/A the planning for bicycle, pedestrian and equestrian trail systems. 5.6 Cultural and Natural Heritage Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address 5.6.2 N/A the identification, protection, preservation and enhancement of local heritage. Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address 5.6.3 N/A the preservation and protection of the heritage value and character of historic coastal settlement patterns and remains. 5.7 Economic Opportunities Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address 5.7.2 N/A economic opportunities that are compatible with conservation of resources and protection of community character. 5.8 Health and Well-being Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address N/A 5.8.6 their community’s current and projected housing requirements and the long-term needs for educational, institutional, community and health-related facilities and services, as well as the cultural and recreational facilities and services.

POLICY STATEMENT COMPLIANCE  COMPLIANCE WITH TRUST POLICY NOT IN COMPLIANCE WITH TRUST POLICY for the following reasons:

Page 45 of 224

To: Mayor Skeels and Council

From: Daniel Martin, Island Community Planner

Date: November 17, 2017 Meeting Date: November 27, 2017

Subject: Water General 1 (b) Zone Amendments File No. RZ-04-2017

RECOMMENDATION

That Bylaw No. 445, 2017 cited as “Bowen Island Municipality Land Use Bylaw No. 57, 2002, Amendment Bylaw No. 445, 2017 be read a second time; and

That Council direct staff to schedule a Public Hearing for this bylaw.

DETAILS OF THE APPLICATION Land Use Bylaw The Water General 1 (b) zone variation lists the following uses as not permitted:

Page 46 of 224 i. Community Dock, ii. Group Moorage Facility iii. Private Moorage Facility iv. Permanent Moorage

Advisory Planning Commission At their September 18, 2017 meeting the APC discussed this bylaw, and made the following motion:

The question regarding permanent moorage buoys in accordance with the draft bylaw actually quite a complicated one and the short answer is that it is not addressed directly in the bylaw either way.

Page 47 of 224

FINANCIAL IMPLICATIONS This application is not anticipated to have financial impacts for the municipality.

Attachments and References: Attachment 1 – Amendment Bylaw No. 445, 2017 Attachment 2 – Island Trust Letter

SUBMITTED BY: ______Daniel Martin Island Community Planner

REVIEWED/APPROVED BY: ______Kathy Lalonde Chief Administrative Officer

Bylaw Services ☐

Page 48 of 224 Fire & Emergency ☐

Planning ☒

Public Library ☐

Public Works ☐

Recreation & Community Services ☐

Finance ☐

Corporate Services ☐

Page 49 of 224 BOWEN ISLAND MUNICIPALITY BYLAW No. 445, 2017

A Bylaw to amend Bowen Island Municipality Land Use Bylaw No. 57, 2002

WHEREAS Bowen Island Land Use Bylaw No. 57, 2002 establishes zoning classifications and regulations for land and water within the Bowen Island Municipality;

AND WHEREAS the Council of Bowen Island Municipality deems it necessary to amend “Bowen Island Municipality Land Use Bylaw No. 57, 2002”;

THEREFORE, Council, in open meeting assembled, enacts as follows:

1. This Bylaw may be cited for all purposes as “Bowen Island Municipality Land Use Bylaw No. 57, 2002, Amendment Bylaw No. 445, 2017”.

2. “Bowen Island Land Use Bylaw No. 57, 2002” is hereby amended at Section 4.13.3 [Exceptions in Particular Locations], by deleting subsection (4) and substituting the following:

(4) Zone Variation – WG 1 (b)

Page 1 of 2 Bowen Island Municipality Land Use Bylaw No. 57, 2002, Amendment Bylaw No. 445, 2017.

Page 50 of 224 but not including a buoy, anchor or other navigational aid that is normally carried in the vessel to be moored; or

(b) moorage, other than moorage that is necessary or incidental to a navigational purpose or to deal with a life safety incident or other emergency situation.

READ A FIRST TIME this 11th day of September, 2017;

READ A SECOND TIME this ____ day of ______, 2017;

Public Hearing held this ____ day of ______, 2017;

READ A THIRD TIME this ____ day of ______, 2017; AND

FINALLY ADOPTED this ____ day of ______, 2017

______Murray Skeels Sophie Idsinga Mayor Interim Deputy Corporate Officer

Page 2 of 2 Bowen Island Municipality Land Use Bylaw No. 57, 2002, Amendment Bylaw No. 445, 2017.

Page 51 of 224

November 14, 2017 Bylaw Amendment No.: 445

Hope Dallas Bowen Island Municipality 981 Artisan Lane Bowen Island BC V0N 1G0 Email: [email protected]

Dear Hope Dallas:

Re: BIM – LUB Amendment Bylaw No. 445

The Executive Committee resolved as follows:

Yours truly,

Attch: Islands Trust Request for Decision – Nov 1, 2017

Page 52 of 224 Page 53 of 224 Tyler Ruggles

From: Daniel Martin Sent: January 19, 2018 12:43 PM To: Tyler Ruggles Subject: FW: Letter of OPPOSITION Attachments: Cape Roger Curtis Water Zone Amendment Public Hearing_-01192018120653.pdf

Follow Up Flag: Follow up Flag Status: Flagged

Hi Tyler, Could you include this letter as a on table item for the public hearing? The email and the attached letter. Thank you,

-----Original Message----- From: Bruce Russell [mailto: ] Sent: January 19, 2018 12:14 PM To: Daniel Martin Cc: Kathy Lalonde Subject: Letter of OPPOSITION

Daniel, my attached letter is self-explanatory as to my strong opposition to the proposed Bylaw change. For something that could have far reaching implications to all waterfront properties and property owners, and indirectly upland owners, I have grave reservations as to whether this matter was openly and sufficiently discussed with stakeholders prior to what I consider a surprise announcement of the January 22nd Public Hearing. The Russell family have been diligent taxpayers since about 1927 and to the best of my recollection have never been late in payment of same. I know there are many families who make our family look like newcomers who have likely paid their taxes in the same timely manner, while there are scores of property owners that followed the foregoing, all of which deserve better treatment by a more open and transparent process. Bruce Russell

-----Original Message----- From: Gulf Pacific Investments (1982) Ltd [mailto: ] Sent: Friday, January 19, 2018 12:07 PM To: Bruce Russell < > Subject: Send data from e3555c 01/19/2018 12:06

Scanned from e3555c Date:01/19/2018 12:06 Pages:2 Resolution:200x200 DPI ------

Page 54 of 224 Page 55 of 224 Page 56 of 224 Page 57 of 224 Tyler Ruggles

From: Haig Farris > Sent: January 19, 2018 8:54 PM To: BIMBC - Mayor And Council Subject: Dock bylaw amendments

Follow Up Flag: Follow up Flag Status: Flagged

To whom it may concern

I am in favour of residents being able to have docks and mooring buoys in front of their properties to access their boats and the water. People live on Bowen because they want access to the water as do residents all over the province.

The proposed bylaw is Trumpian-like in that it is punitive and discriminatory to a specific island group. It is also most likely constitutionally illegal and will result in costly unsuccessful litigation by the municipality defending an indefensible position . Enactment would depress waterfront real estate values which will add to the municipality’s existing financial weakness.

It is clear that this is a first step by the bureaucrats and some members of council to ban any private docks or buoys anywhere around the island: existing and proposed. Maybe they should build a waterfront wall around the island to keep residents from enjoying any access and get Gambier Island residents to pay for it.

This proposed Trumpian-like bylaw amendment should find its way into the nearest wastebasket along with its proponents. It will not make Bowen great again!

Haig Farris

Page 58 of 224 Tyler Ruggles

From: Jim Wright < > Sent: January 19, 2018 5:22 PM To: BIMBC - Mayor And Council Cc: Daniel Martin Subject: Bylaw 445 public hearing ‹ in favour of empathy

Follow Up Flag: Follow up Flag Status: Flagged

Dear Mayor and Councillors,

I’m trying to grasp the recommended Bylaw 445 in order to add something useful to the Jan 22 public hearing input. I find the proposal troubling as the implications dawn on me.

Comparing the replacement wording (Bylaw 445) with the existing wording of WG1(b), I find that the changes seem intended to eliminate anything “allowing for pedestrian access to and from the shore and an upland dock.” I don’t see how that can be a fair way to treat the Bowen Islanders with property in the Cape Roger Curtis area, and I don’t think that what I and other visitors to the area happen to find aesthetically pleasing should supersede people’s freedom to enjoy their own area in a basically normal way.

I have walked the trail in that area through the properties of quite a few Islanders who have waterfront lots. I think that the dock facilities extending so far out don’t enhance the scenery. Actually, they bother me, and I’ve wished the docks weren’t there. Perhaps most people who walk there would experience a similar wish. However, forcing the Cape Roger Curtis Islanders to destroy their docks and bring back the original condition of the waterfront (the seeming intent of the bylaw) is not the way any of us would wish to be treated. Can we treat those human beings of Cape Roger Curtis with the same level of consideration we would like to receive?

If the seemingly extreme proposed action gives way to something kinder and more inclusively harmonious, that scenic Bowen shore will be less scenic than it could be, but the spirit of Bowen will be more wonderful.

With best wishes, Jim Wright Robert Road, Bowen Island In my 60th year as a part-time Islander

Page 59 of 224 January 20, 2018

Bowen Island Municipality 981 Artisan Lane Bowen Island, B.C. V0N 1G0

Attn: Daniel Martin – Community Planner

Dear Sir:

In reference: Proposed Bylaw LUB No 57.2002/ Amendment Bylaw No 445 2017 Cape Roger Curtis Water Zone Amendment.

I am writing this letter to voice my very strong opposition to the Proposed Amendment to this Bylaw.

Bowen Island is a natural maritime community. Part of living surrounded by water is the ability to access our properties, and to access the ocean we love. I believe it would be an unfair and completely irresponsible decision to limit this access with the proposed amendment mentioned above.

Many property owners and their neighbours commute from their docks. Our ferry is already overloaded, and if we limit foreshore access from our existing and future docks, we will only be adding to the significant ferry issues that plague our residents.

I truly hope you will rethink your attitude to our waterfront property owners’ legitimate right to build docks in front of their properties to access the ocean.

Sincerely

Alan M Hetherington Bowen Island Property Owner

Page 60 of 224 Tyler Ruggles

From: Erwen Smith Sent: January 21, 2018 4:49 PM To: Bowen Island Municipality Subject: Atten: Community Planner Daniel Martin

In referene: LUB No 57 2002 Amendment No 445 2017 Cape Roger Curtis Water Zone Amendment…

Dear Daniel Martin, I have just been advised of a meeting taking place this week of January 22nd to 26th..Not sure what day... My wife & I are water front property owners, & have never been advised of any such meeting… We are unable to attend this meeting, due to health restrictions… We believe more public input is required… We were informed Sunday at 4:30 Jan 21st… Regards, Erwen & Patricia Smith

Page 61 of 224

Mayor and Council Bowen Island Municipality, Bowen Island, BC V0N 1G0

January 21, 2018

Attn: Daniel Martin, Community Planner

Dear Sir,

Re: LUB No. 57.2002/Amendment Bylaw No. 445 2017 Roger Curtis Water Zone Amendment

It was recently brought to our attention that a Public Hearing will be held tomorrow January 22, 2018 without having been notified of the first and second Readings although our Corporation is currently the developer and owner of 11 Waterfront properties as well as 24 upland Lots and has been annually paying over $160,000 property taxes to the Municipality.

The proposed amendments to the LUB No. 57.2002/Amendment BYLAW NO. 445 2017 if passed will drastically diminish the value of our property holdings, which according to the 2018 BC Assessment is at $54,328,000. It will eliminate the unique feature of waterfront properties and hence make our development products unattractive to our potential purchasers. Such a negative impact on the value of our assets will likely result in our claim for damages arising out of the irresponsible action of the Mayor and Council as well as our willingness to continue paying the substantial property taxes for the future years.

We sincerely urge the Mayor and Council give serious considering in moving forward with this secretive process without due public consultation. Our position is we strongly oppose this subject matter amendment.

Sincerely,

Don Ho, President and CEO, The Cape on Bowen Community Development Ltd.

1147 Homer Street | Vancouver BC V6B 5T5 | Sales Enquiries 1-866-710-0003 Office 604-488-0988 Fax. 604-488-0982 [email protected] www.thecapeonbowen.ca

Page 62 of 224 /5/‘0/zz /mu; A/97%/M6-» 5/V-’146L£ /75714 5..7_r:. D011H0 .- i>(H|—l :3 Ht-mm 5lxt't'|. \'.u.ttun.-..t5t . \ tits ’L'.m.t

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Rc: LUB N0. 57.20t)2/Amcmlxucm liyluw No. /14.32017 Cape Roger Curtis Water Zone Amendment

It has rerently been hruugght to nw altuntmn that st l’uhht~ Heating will he hultl t4untm'u\\'J:uutaxy 22, 2018 willtoul having

hccn lI0llllC(l nl the pussnug 01'lluclust zuul s(<‘t1tptopcrty being Lhe $lll.)jE:('lofa Bylaw Chzmgc Il17tl(l1';I.

in pr0posiu1,;such 2: rluamzc,and also slI‘ot\glyoppose lo the pmpuscd amendment to the existtng “)‘l}IW.

\’Vhcn I bought the propenv, lllc beam) olthc watcr|‘rr>nt and the duct-I a('('Cs.? to watm zttuactcrl mc, lltmn: I “as willmg 10

pay wlwvlmltiallylti,/;l1t:t’pricclb: umpItrt‘l12I€c.Ihavc also been mlling ln]I:«1y vclyltigltpxt)])t‘Ilylaxcs:Iuuually.

I urge Counril give lions mmtc.-mio.. mo.-cmoving Ionuutl mu.um anI('u(lxnL:ltl. llv puslliug it llx<)I|gl1\‘\‘iU|t)I|ldue puhlil‘ mnsultzttinu uill :tl'l't'rtthe upt'tnu~.s< and r'zl|XHL‘SSas an cl:-ctuzl (;t>\'m1nm-ut. It will have an in1pa('l on the integrity of the L ed olhr

Sinrctcly,

Don Ho, Ouncu ul‘ 1831) Capt: Drive. llnucu I.sl;mtl

Page 63 of 224 Tyler Ruggles

From: Daniel Martin Sent: January 22, 2018 8:34 AM To: Tyler Ruggles Subject: FW: Cape Roger Curtis Docks

From: Don MacLean [mailto:d ] Sent: January 21, 2018 10:39 PM To: Daniel Martin Subject: Cape Roger Curtis Docks

I am not in favour of the 'considered changes' to the Water General 1(b)(WG 1b) Zone at Roger Curtis. The prevailing regulations are sufficient to prevent further dock construction beyond the allotted four. Considerable amounts of tax money was spent 'losing' a court battle. We need to learn to live with the legislation that we create. We don't want to become a community that creates bylaws, fights in court to retain them (and loses) at enormous cost and then attempts to still 'get our own way' by the time wasting amendment process which could easily become another expensive court battle.

Don MacLean

Page 64 of 224 Tyler Ruggles

From: Daniel Martin Sent: January 22, 2018 8:33 AM To: Tyler Ruggles Subject: FW: OPPOSITION to LUB No. 57.2002/ Amendment Bylaw No. 445 2017

From: USSC Admin [mailto: ] Sent: January 21, 2018 11:43 AM To: Daniel Martin ; Kathy Lalonde Subject: OPPOSITION to LUB No. 57.2002/ Amendment Bylaw No. 445 2017

Please record that I am OPPOSED to LUB No. 57.2002/ Amendment Bylaw No. 445 2017 these being some of the reasons listed below: - Possible legal actions taken by land owners if this proposed bylaw is retroactive, we have already had one costly legal battle - There are already restrictive bylaws for Cape Roger Curtis development pertaining to more docks - Could set precedent for future restrictions around island to docks and structures

Thank you, Oydis Nickle

778-

General Manager Union Steamship Marina Ltd Doc’s Restaurant & Pub Ltd

Page 65 of 224 Tyler Ruggles

From: Daniel Martin Sent: January 22, 2018 8:33 AM To: Tyler Ruggles Subject: FW: Opposed to Cape Roger Curtis Water Zone Amendment

From: tanis layzell [mailto: ] Sent: January 20, 2018 11:15 AM To: Daniel Martin Cc: Bruce Russell < > Subject: Opposed to Cape Roger Curtis Water Zone Amendment

Dear Daniel,

Please register me as opposed to Cape Roger Curtis Water Zone Amendment.

Bruce Russell stated my feelings eloquently.

Thank you.

Get Outlook for iOS

Page 66 of 224 Tyler Ruggles

From: Daniel Martin Sent: January 22, 2018 9:59 AM To: BIMBC - Mayor And Council Cc: Tyler Ruggles Subject: FW: Bylaw re Docks

Hi Tyler, I just received one more comment for the public hearing

From: Michael Rushton [mailto: .com] Sent: January 22, 2018 9:57 AM To: Daniel Martin Cc: Claire Rushton Subject: Bylaw re Docks

To Bowen Island Council

As owners of property on Bowen Island we wish to register our strong opposition to the bylaw amendment currently being considered by Council to ban docks and mooring buoys on the island and its foreshore. We believe that when properly constructed with due consideration to environmental impacts, docks serve a useful purpose for waterfront property owners and other islanders allowing access to the ocean for recreation and in emergencies. We see no valid reasons for their outright exclusion from the rights and freedoms of owners to develop their properties as they wish and we believe that the current level of scrutiny of potential projects by the various levels of government and first nations interests provides sufficient protection to ensure environmentally sensitive areas are not negatively impacted. There are already many docks along the shores of the island so it would be hard to argue that there our coastline is pristine and undeveloped. A ban on future docks will not change the look and feel of the island. Banning docks will have a negative impact on the island's economy through reduced construction opportunities and tax base reduction, and will tend to portray Bowen Island as a place where the diverse interests of islanders are constrained rather than encouraged. The past malpractice by some landowners in building non-compliant docks points to the need for better enforcement of existing regulations, not imposition of an outright ban. We ask the council to consider these views in their deliberations.

-- Sincerely,

Michael and Claire Rushton Captains Way, Bowen Island

Cell: 604

Page 67 of 224 Tyler Ruggles

From: Daniel Martin Sent: January 22, 2018 9:59 AM To: BIMBC - Mayor And Council Cc: Tyler Ruggles Subject: FW: Bylaw re Docks

Hi Tyler, I just received one more comment for the public hearing

From: Michael Rushton [mailto: .com] Sent: January 22, 2018 9:57 AM To: Daniel Martin Cc: Claire Rushton Subject: Bylaw re Docks

To Bowen Island Council

-- Sincerely,

Michael and Claire Rushton Captains Way, Bowen Island

Cell: 604

Page 68 of 224 Tyler Ruggles

From: John Dowler < > Sent: January 22, 2018 11:05 AM To: BIMBC - Mayor And Council Subject: support for docks bylaw

Dear Mayor and Council

I appreciate the fact that Council has continued to work on the issue of docks, especially at Cape Roger Curtis, and support your latest initiative to address it. This is the work that may not get the attention it deserves, but which serves the long term quality of life on Bowen Island.

Thanks!

John Dowler Melmore Road Bowen Island, BC

Page 69 of 224 Tyler Ruggles

From: Bowen Island Municipality Sent: March 5, 2018 8:52 AM To: BIMBC - Mayor And Council Subject: FW: Docks

Follow Up Flag: Follow up Flag Status: Flagged

From: Heather Woodall [mailto: ] Sent: Saturday, March 3, 2018 12:04 PM To: Bowen Island Municipality Subject: Docks

To Mayor Skeeis and Council

I am strongly opposed to any further docks at Cape Roger Curtis. The weather in that area is such that any structure built I’d likely to be severely damaged causing destruction to the sensitive under water ecosystems. Furthermore the building of docks in that particular area will mar the aesthetics of the public foreshore. Heather Woodall Senator Road Bowen Island BC

Page 70 of 224 Tyler Ruggles

From: Kathy Lalonde Sent: March 6, 2018 10:56 AM To: BIMBC - Mayor And Council Cc: Daniel Martin Subject: FW: proposed bylaw amendment

Kathy Lalonde Chief Administrative Officer Bowen Island Municipality

From: Paul Zysman < > Sent: March 6, 2018 9:36 AM To: Kathy Lalonde Subject: proposed bylaw amendment

Mayor and Council Bowen Island Municipality Bowen Island, BC V0N 1G0

Dear Mayor and Council:

RE: Land Use Bylaw No. 57, 2002, Amendment Bylaw No. 445, 2017

As property owners on Bowen Island, we are strongly opposed to the proposed bylaw amendment.

Restricting the construction of docks on one small part of the island, when there are many elsewhere, is unfair and discriminatory.

We believe that recreational infrastructure such as docks and piers can coexist with a healthy environment, as they have for years on Bowen Island.

I urge Mayor and Council to reject the proposed by-law-amendment.

Sincerely, Paul Zysman

Sent from my iPhone

Page 71 of 224 Tyler Ruggles

From: Sent: March 6, 2018 4:55 PM To: BIMBC - Mayor And Council Subject: March 12,2018 Public Hearing

Follow Up Flag: Follow up Flag Status: Flagged

I am absolutely opposed to Council revisiting the dock bylaw amendment. One small group of Bowen Island taxpayers being singled out for such draconian treatment suggests nothing other than vindictiveness on the part of those who are trying to impose these restrictions. Surely Councils time, and my tax dollars, can be spent in more ethical and beneficial pursuits. W C Brown

Sent from my iPad

Page 72 of 224 James Lafferty

1605 Whitesails Dr

Bowen Island, BC

V0N 1G2

March 6, 2018

Bowen Island Municipality

Bowen Island, BC

RE: DOCKS AT CAPE ROGER CURTIS

As a resident, taxpayer and concerned citizen, I am opposed to the proposed changes to Amendment Bylaw 445 that specifically targets one specific development on Bowen Island and its ability to build docks of any sort.

As a resident, I live on Whitesails drive which used to be a dead end road, now it’s the main access to Cape on Bowen. My back yard which used to be a forest was blasted for two years to make Deecee road. This is the secondary access to the Cape on Bowen. I would say I’m rather in tune with the developments at the Cape and directly affected by them. That being said, I don’t own Whitesails dr, nor do I own the land that the Cape on Bowen is on, nor the land that DeeCee road was built on. My feelings don’t and shouldn’t affect land owners rights to legally develop their land.

As a concerned citizen, I’m concerned about equality. I believe all genders should be treated equally, I believe all races should be treated equally and I believe laws or bylaws should affect everyone equally. I believe it is unfair to target one area or group of people on the island. If any bylaws regarding docks or buoys are to be considered, I would urge you to make them the same across the whole island because if they are not, this will open Bowen Island up to discriminatory lawsuits that will be indefensible in court and we will end up wasting more money than we’ve already wasted on this matter. Its not right, its not fair and its not equality.

As a taxpayer, I’m upset that there are a few counsellors that have openly made this their personal crusade to “Stop the Docks” but have done so, not on their own dime or private funds, they’ve done so with public funds from the tax payers which is unacceptable. I, the taxpayer have already had to foot the bill of somewhere between 100 and 200 thousand dollars relating to this matter and what do we

Page 73 of 224 have to show for it. TWO courtroom losses and if these changes go ahead, we’ll be on the hook for a third legal defense cost and we will lose as its obvious discrimination. Anywhere else in Canada, this would have human rights groups all over it but there are a few vocal people on Bowen that have strong feelings toward this and think their FEELINGS trump another person or groups rights to equality.

ONE PERSONS RIGHTS TO EQUALITY DON’T END WHERE SOMEONE ELSE’S FEELINGS BEGIN.

Let’s call this openly what it is. It’s a witch hunt, its unfair, its discriminatory, and its disgusting. There’s part of me that feels it prejudicially motivated as well.

At the end of the day, Bowen Island is a great place to live and all land owners should be treated the same and fairly. No one should be unfairly targeted. If counsel thinks that all the ocean front property owners on Bowen Island should not be able to have boat access and there should be no docks allowed anywhere and no buoys allowed anywhere then amend the bylaw to read that and see how it goes. If counsel wants to pursue a fairer, more equitable approach, they might consider putting a maximum length on all docks on any location on Bowen Island. This would achieve much of the same they’re trying to achieve by passing this amendment while not exposing us, the residents, concerned citizens and taxpayers to more liability, court costs and general discourse.

The Cape, has been, and continues to be a dividing conversation for Bowen Islanders. We need to accept that there may have been mistakes made by previous administrations in regards to the development of the Cape. We need to accept that this is where we are at today and it’s never going back to a privately owned public parkland. Let’s not keep reopening this wound and continually try to punish the Cape. Let’s drop the vendetta that some continue to hold against the Cape owners and finally get some closure on this matter. Only then can the citizens of Bowen finally unite and move on.

Sincerely,

James Lafferty

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Dear Mayor and Council:

RE:Land Use Bylaw No. 57, 2002, Amendment Bylaw No. 445, 2017

As property owners on Bowen Island, we are strongly opposed to the proposed bylaw amendment.

Restricting the construction of docks on one small part of the island, when there are many elsewhere, is unfair and discriminatory.

We believe that recreational infrastructure such as docks and piers can coexist with a healthy environment, as they have for years on Bowen Island. l urge Mayor and Council to reject the proposed bylaw amendment.

Sincerely, 2xix5LJ

ZHAO SONG, CFO

ZONGSHEN (CANADA)ENVIRONTECHLTD.

Suite 404 - 999 Canada Place, Vancouver, BC Canada VGC3E2

Page 77 of 224 March 8, 2018

Daniel Martin, Manager of Planning & Development Bowen Island Municipal Hall 981 Artisan Lane Bowen Island, B.C., V0N 1G2

Dear Mayor and Council Members,

As waterfront property owners, my husband and I would also oppose Land Use Bylaw No.57, 2002, Amendment Bylaw No.445, 2017 that prevents docks or water access to the new owners of CRC Properties. If I was in a position to purchase a 10 Acre Waterfront lot, only to be told after the fact, that the municipality planned to prevent me from water access, I would be livid to say the least. Especially after the developer was already forced to provide a beautiful public walkway across the 10 private lots and also expected to jump through other hoops to appease the Municipality. As a property owner who will forever resent an irresponsible and selfish neighbour along with the Municipality for destroying the value of our property, I cannot sit by and ignore what I feel is but another complete injustice to the owners of CRC. We are all drawn to Bowen Island primarily for our appreciation of the sea, and of course it’s natural beauty. And although I don’t think many of us would embrace monster docks, I fail to see what possible motive there is to take away water access from waterfront owners now or in the future as this is the epitome of island life. If the mess of Mannion Bay is the precedence of this proposal, then clearly the Municipality’s interest and the taxpayer’s money would be better served by registering the existing buoys to the property owners as I understand Bowen has some jurisdiction to the near shores that would enable them to do so. It would seem that whoever were responsible for proposing this Amendment are clearly vindictive as one other opponent mentioned or are they land locked individuals that should never have considered running for a municipal seat on a freaking island in the first place ! This amendment should be blocked immediately or it will certainly lead to future lawsuits from one hell of a lot of angry waterfront owners who have established themselves here for many years. I say drop this ludicrous amendment or expect to see many tarred and lit torches at a Municipality near you !!!

Janet Weld XX Eagle Tree rd. Bowen Island, B.C.

Page 78 of 224 Tyler Ruggles

From: Janey Cruise < > Sent: March 8, 2018 7:47 PM To: BIMBC - Mayor And Council Subject: By-law 445

Follow Up Flag: Follow up Flag Status: Flagged

To Mayor and Council,

I find it unacceptable that you continue to consider draconian by-laws for waterfront property owners. I strongly oppose by-law 445.

Many Thanks, Janey Cruise

Page 79 of 224 Tyler Ruggles

From: Ron > Sent: March 8, 2018 7:43 PM To: BIMBC - Mayor And Council Subject: Fwd: By law amendment 445

Follow Up Flag: Follow up Flag Status: Flagged

Begin forwarded message:

From: Ron < > Date: March 8, 2018 at 6:23:54 PM PST To: GAEL BOOTH > Subject: By law amendment 445

We wish to register our opposition to this by law. We believe our feelings on this matter have been adequately expressed by other islanders of like mind. Draconian Vindictive Harassment Discriminatory Punitive Our submission: We are embarrassed by the actions of some of our council members toward a small group of our neighbours.

Ron & Gael Booth Captians Way

Page 80 of 224 Tyler Ruggles

From: Steve Hoffar < > Sent: March 8, 2018 5:13 PM To: BIMBC - Mayor And Council Subject: March 12, 2018 Public Hearing LUB No. 57.2002/ Amendment Bylaw No. 445 2017 Cape Roger Curtis Water Zone Admendment

Follow Up Flag: Follow up Flag Status: Flagged

To Mayor, Council and BIM Staff,

As a long time property owner and tax payer I strongly oppose the creation of the above referenced bylaw for the following reasons:

The people who purchased the properties that fall within this specific targeted zone would have held the reasonable expectation that they would have been able to build a private dock attached to their property or locate a mooring buoy directly in front of it. To retroactively change the water front zoning for a very specific number of properties based on some group of peoples opinion on what is "asthetically pleasing" is very punitive and seemingly vindictive as a community. This matter should have been dealt with prior the property being developed.

I am also wondering if this bylaw could soon be expanded to include all private docks and mooring buoys around the island which would be totally out of context for an island municipality surrounded by water and is how many people access their properties by boats.

In addition to the above comments, my immediate concern as a BIM taxpayer, is the potential exposure to ongoing extensive legal costs which will take municipal funds away from other far more pressing issues and create and increased burden on a limited taxpayer base.

Hopefully this bylaw will be rescinded before it creates more divisiveness and bad faith feelings among the community of Bowen Island.

Steve Hoffar

Steve Hoffar Cove Road North Bowen Island, B.C. Canada V0N 1G1 Home: 604-947- Cell: 604-250- email:

Page 81 of 224 Tyler Ruggles

From: Bob Sangster < > Sent: March 9, 2018 6:54 AM To: BIMBC - Mayor And Council Subject: Mar12/18 Public Hearing LUB No. 57.2002/Amendment Bylaw No. 445 2017 Cape Roger Curtis Water Zone Amendment

Follow Up Flag: Follow up Flag Status: Flagged

To Mayor, Council and BIM Staff,

As a long time property owner and tax payer on Bowen Island we strongly oppose the creation of the above referenced bylaw for the following reasons:

The individuals who purchased the properties that fall within this specific targeted zone would have held the reasonable expectation that they would have been able to build a private dock attached to their property or locate a mooring buoy directly in front of it. To retroactively change the water front zoning for a very specific number of properties based on some group of peoples opinion on what is "aesthetically pleasing" is very punitive and seemingly vindictive as a community. This matter should have been dealt with prior to the property being developed.

We are also wondering if it is the long term intention of this Council to expand this bylaw to include all private docks and mooring buoys around the island which would be totally out of context for an island municipality. Many Bowen homeowners access their properties by boat.

In addition to the above comments, our immediate concern as Bowen taxpayers, is the potential exposure to ongoing expensive legal costs which will take municipal funds away from other far more pressing issues and create an increased burden on a limited tax base.

Hopefully this bylaw will be rescinded before it creates more divisiveness and adverse feelings among the Bowen Island community.

Yours sincerely,

Robert and Isabel Sangster Poca Road Bowen Island, BC, V0N 1G1

Page 82 of 224 March 7, 2018

Mayor and Council Bowen Island Municipality Bowen Island, BC V0N 1G0

Mayor Skeels and Council:

RE: Prohibition of Docks at Cape Roger Curtis

I am opposed to the changes to Amendment Bylaw No. 445, which restricts building of docks at Cape Roger Curtis. We are the owner of Lot at The Cape on Bowen. Our intention has always been to become an integral member of the Bowen community. While our livelihood keeps us in the city day to day, we very much appreciate and need rural life for balance, in the same way that many Bowen residents choose island life for this reason. We have always had a vision to build a property with a dock in order to actively enjoy this wonderful aspect of island lifestyle in quietude and privacy. . The decision to buy and settle on Bowen Island was done with full understanding of the rights we had under the zoning of our property, and trusted that the local government would not change their laws discriminatorily and without consideration for fairness or justice.

Allowing owners of properties to construct docks at great expense, only to turn around later and rescind their usage is a grossly unfair and unjust. Not only does this ruin the future plans of the land owner, it drastically reduces the land value and places us and many families that wished to settle here in a legal bind.

Thus if the government wishes to impose and curtail the use of private docks causing great financial loss to us and others, it must know that financial compensation will be undoubtedly be vigorously sought through the legal system.

We wish to settle this in a way that does not damage the community financially and maintains the good relationship between us and the local government.

Respectfully,

Yunxia Zhao Director Skytrust Holding Inc.

Page 83 of 224 Tyler Ruggles

From: Ainslie Manson < > Sent: March 11, 2018 11:37 PM To: BIMBC - Mayor And Council Subject: amendment to the docks bylaw

Follow Up Flag: Follow up Flag Status: Flagged

Mayor and Council:

We support the proposed amendment for the following reasons:

• the amendment does not change the intent of the bylaw, it merely clarifies the interpretation of the bylaw;

• the bylaw and amendment are limited in its application;

• the bylaw and amendment are in the public interest, especially given the public parks, the foreshore covenant, the public sea walk, and the environmentally sensitive foreshore lands and waters in the area;

• the construction of docks in the area is folly: standing as witnesses to that fact are the several half-built, abandoned, damaged, unused docks in the area;

• experienced boaters know that the open water in the area makes for poor moorage; and

• there are other options available for moorage.

I urge the Municipal Council to enact the amendment.

Regards,

Ainslie and David Manson

Page 84 of 224 Tyler Ruggles

From: Amrita Sondhi < > Sent: March 12, 2018 9:08 AM To: BIMBC - Mayor And Council Subject: Letter to council

Follow Up Flag: Follow up Flag Status: Flagged

I support the proposed amendment for the following reasons:

• the amendment does not change the intent of the bylaw, it merely clarifies the interpretation of the bylaw;

• the bylaw and amendment are limited in its application;

• the construction of docks in the area is folly: standing as witnesses to that fact are the several half-built, abandoned, damaged, unused docks in the area;

• experienced boaters know that the open water in the area makes for poor moorage; and

• there are other options available for moorage.

I urge the Municipal Council to enact the amendment.

Regards, Amrita Sondhi

Page 85 of 224 Tyler Ruggles

From: Anita Bleick < > Sent: March 12, 2018 10:22 AM To: BIMBC - Mayor And Council Subject: Cape Roger Curtis, Water Zone Amendment

Follow Up Flag: Follow up Flag Status: Flagged

Dear Mayor and Council:

I am unable to attend the public hearing; please accept the following as my written submission with regard to the proposed amendment to the Cape Roger Curtis docks bylaw,

I am strongly in favour of the proposed amendment as I believe it is in the public interest, and clarifies the interpretation of the current bylaw. The area in question has both recreational aspects and environmental concerns that must be taken into account. This exposed area makes no sense as a place for docks or moorage and building them there degrades the beauty and environment/habitat of the CRC area.

I look forward to hearing that Council has decided to enact this sensible amendment.

Yours truly, Anita Bleick

Salal Rd, Bowen Island, BC V0N 1G2

604-3

Page 86 of 224 Tyler Ruggles

From: Ann Silberman > Sent: March 12, 2018 7:39 AM To: BIMBC - Mayor And Council Subject: Docks at Roger Curtis

Follow Up Flag: Follow up Flag Status: Flagged

Dear Mayor and Council,

As I cannot attend the public hearing on Monday, March 12, so I would like to respond to this is important decision about the docks at Roger Curtis.

Please accept this email as my written submission on the subject.

I have been a Bowen resident for 28 years and I strongly support the proposed CRC Water Zone Amendment.

• the amendment clarifies the interpretation of the bylaw;

• the bylaw and amendment are limited in its application;

• the construction of docks in the area is unwanted and has over the past few years proven to be a stupid idea: standing as witnesses to that fact are the several half- built, abandoned, damaged, unused docks;

• experienced boaters know that the open water in the area makes for poor moorage; and

• there are other options available for moorage.

I believe that a large majority of Bowen Islanders support the amendment and urge Municipal Council to enact it. I also point out that in West Vancouver - private docks are not allowed. The docks are generally unsightly and redundant where there are other options.

Sincerely,

Ann Silberman

Page 87 of 224 Tyler Ruggles

From: beverley lindsey Sent: March 11, 2018 9:00 PM To: BIMBC - Mayor And Council Subject: Docks Bylaw Amendment

Follow Up Flag: Follow up Flag Status: Flagged

This is to confirm that I support the proposed amendment of the Docks bylaw for the following reasons:

1. The bylaw & amendment are in the public interest in terms of public parks, the foreshore covenant , the public walkway access, plus the protection of environmentally sensitive foreshore lands, as well as waterways in the area.

2. The amendment does not change the intent of the bylaw, it simply clarifies the interpretation of the bylaw.

3. The construction of docks in the area is a high risk proposition given the open waters & potential for storm damage to docks (as is evidenced currently by a number of half built, unused & or damaged docks in the area). Experienced boaters know that the open water in the area make for very poor moorage options.

4. The bylaw and amendment are limited in its application.

I implore the Municipal Council to proceed with the enactment of the amendment.

B. Lindsey, Cardena. Bowen Island, B.C.

Page 88 of 224 Tyler Ruggles

From: Bob McCaskill Sent: March 10, 2018 11:30 AM To: BIMBC - Mayor And Council Cc: Bob McCaskill Subject: Docks Bylaw 554

Follow Up Flag: Flag for follow up Flag Status: Flagged

I am a strong supporter of democratic processes on Bowen Island and applaud the initiative of fellow citizens who stand for public office. I respect the offices which they hold and I am grateful to the office holders for their commitment of time and talent to our community.

However, in the time-honoured words of Junius, “ the subject who is truly loyal to the Chief Magistrate will neither advise nor submit to arbitrary measures”. So I consider it essential to good citizenship that I question the actions of our council on this issue.

Bylaw 554 is arbitrary in the extreme in at least three ways: a.) it singles out one neighbourhood for regulatory attention; b.) it does not purport to “regulate" docks and buoys but presumes to ban them altogether, simply as a matter of subjective esthetics, with no other serious rationale, notwithstanding substantive approvals from senior governments; and c.) it asserts these initiatives retroactively.

What has led to the particular focus on Cape Roger Curtis and the scorched-earth approach to the regulation of the kinds of marine facilities which exist by the dozens elsewhere around our island, and have done so for generations to the apparent satisfaction of the community and several levels of government, on Bowen, across the province and across the country?

CRC is a special place, but so are many other parts of our island, and there is no credible justification for subjecting CRC and only CRC to its own draconian set of rules. Our neighbours at CRC appear to be victims of its particular history: the halcyon days of full public access to private property, its woods, and trails, and beaches, unfettered by any objection from its owners; the laudable but failed attempt to fund a community-based purchase of the property when it was offered for sale; the protracted but unsuccessful negotiations with the developer for concessions and amenities in return for substantial changes in permitted density; the failed national park initiative; and the on-going Stop the Docks campaign. CRC became a preoccupation, especially for many islanders who believed in those initiatives and worked hard on them but were unsuccessful.

Has any other single neighbourhood on Bowen ever been subjected to as much interference and hostility?

Our courts have long recognized the proposition that, even when municipalities have the legal authority to make regulation, they must not do so “arbitrarily and without good faith”. It should not come as a surprise then, that if and when this latest bylaw is challenged, and a court looks at the history of CRC, it could conclude that our council is not acting in good faith, but is instead attempting to appease a consortium of sore-losers, and dogs-in-the-manger, all at the

Page 89 of 224 expense of our law-abiding fellow citizens at CRC who purchased homes on Bowen in good faith, built nothing without all required permits, and whose neighbourhood welcomes all comers to enjoy their trails and beaches.

Given the nature of the decisions taken with respect to CRC, a court could well come to the conclusion that our municipality is liable not only for costs, but for damages as well. A claim to a human rights tribunal could reach similar conclusions.

The Bylaw Recommendation document contains, under the heading “Financial Implications”, the assertion that “this application is not anticipated to have financial impacts for the municipality”.

Really? On the heels of the substantial legal costs already incurred by the municipality in its last failed bylaw attempt, which ended in defeat at the Court of Appeal?

Council’s initiatives on this file may have been ill-timed, ineffective, and time-consuming, and they have certainly been expensive. Surely council must “anticipate" the risk of substantial costs arising from additional litigation, as well as possible damage awards, both of which could impact municipal programs and budgets, as well as island rate-payers. Council members may be assuming no "Financial Implications" for themselves, personally, but they may wish to avail themselves of some legal advice on that assumption as well. There is simply no reason to assume that the legal costs will not continue, and there is a real possibility that substantial damages could result.

So what should happen next?

Why not step back, and consider what role, if any, the municipality should have in dock regulation on Bowen, working on the premise that all of our citizens should be treated equally, and fairly, in accordance with one set of sensible, defensible rules, and keeping in mind that we are on an island. And in the process, maybe consider whether there are not more pressing issues deserving of the limited resources available to our community.

All of which is respectfully submitted,

Bob McCaskill

Page 90 of 224 Tyler Ruggles

From: Bowen Island Municipality Sent: March 12, 2018 8:55 AM To: BIMBC - Mayor And Council Cc: Tyler Ruggles Subject: FW: Cape Roger Curtis Bylaw amendment

From: Bruce Russell < > Sent: Sunday, March 11, 2018 9:27 AM To: John Wilmot < >; Bowen Island Municipality ; Daniel Martin Subject: RE: Cape Roger Curtis Bylaw amendment

Thank you John, well said. As your roots to Bowen date back to the late 1800s, when your great grandfather Joseph Craddock Mannion was a substantial and well recognized member of the community, your comments are most appropriate and appreciated. It is interesting to note, the property on which great grandfather Mannion had his home has a dock in an equally iconic and more populated area on the island, Mannion Bay. This dock enjoys all the privileges and benefits of use that all other docks on the island enjoy which will not be the case for the five (5) Cape lot owners if the Cape anti dock Bylaw 445-2017 amendment is passed. It is outrageous that so much time, effort and taxpayer’s money can be wastefully and vindictively spent on this matter which targets but a handful of property owners. This is a very slippery slope on which the proposed amendment has the community precariously perched, both because of the incredible unfairness of it and the ongoing costs to which us taxpayers are being subjected, a cost which the municipality cannot afford but somehow pays at the sacrifice of so many other meaningful initiatives in the community, that I need not roll call. The aforementioned “costs” include both staff time and legal costs in the preparation/presentation of this ill-fated amendment as well as the cost of once again the municipality of having to defend itself against a guaranteed legal challenge. At some point the municipality will hopefully fully disclose the full cost, including staff time, that the restrictive Cape “dock issue” has cost us taxpayers. Daniel, I would appreciate my response to John Wilmot’s email of OPPOSITION being included in the list of submissions for the public hearing. Bruce Russell

From: John Wilmot Sent: March 11, 2018 9:05 AM To: [email protected]; [email protected] Subject: Cape Roger Curtis Bylaw amendment

I would encourage all the proponents of the entire Cape Roger Curtis debacle, whether on Council or not, to reflect on what has happened, what is happening and what may potentially happen with this issue.

It seems to most objective observers that the council is at serious risk of becoming the mouthpiece and political instrument of a small but vested-interest and overly vocal minority of selfish citizens.

The un-intended (or not) consequences of the proposed amending legislation, on other islanders with waterfront properties, are far-reaching in terms of not only restricting the development and use of waterfront amenities, but exposing the municipality to needless further legal expenses.

It’s time to close the chapter and the book on this sad story of NIMBYism, vindictiveness and prejudice. Few, if any true islanders can take pride in this assault on property rights. 1

Page 91 of 224

John H Wilmot Exeter Development Inc 602

Page 92 of 224 Tyler Ruggles

From: Buff Allen < > Sent: March 12, 2018 10:52 AM To: BIMBC - Mayor And Council Subject: The Cape's Docks

Follow Up Flag: Follow up Flag Status: Flagged

Hello Dear Mayor and Council,

I support the proposed amendment for the following reasons: the amendment does not change the intent of the bylaw, it merely clarifies the interpretation of the bylaw;

• the bylaw and amendment are limited in its application; • the bylaw and amendment are in the public interest, especially given the public parks, the foreshore covenant, the public sea walk, and the environmentally sensitive foreshore lands and waters in the area; • the construction of docks in the area is folly: standing as witnesses to that fact are the several half- built, abandoned, damaged, unused docks in the area; • experienced boaters know that the open water in the area makes for poor moorage; and • there are other options available for moorage.

I urge the Municipal Council to enact the amendment.

Sincerely, Buff Allen

Page 93 of 224 Tyler Ruggles

From: Deb Thomson Sent: March 11, 2018 7:03 PM To: BIMBC - Mayor And Council Subject: In support of the docks bylaw amendment

Follow Up Flag: Follow up Flag Status: Flagged

Dear Mayor Skeels and Council:

I support the proposed amendment to the docks bylaw for the following reasons:

• the amendment does not change the intent of the bylaw; rather it clarifies the interpretation of the bylaw; • the bylaw and amendment are limited in its application; • the bylaw and amendment are in the public interest, especially given the public parks, the foreshore covenant, the public sea walk, and the environmentally sensitive foreshore lands and waters in the area; • the construction of docks in the area is inappropriate for many reasons, one being the fact that several damaged, unused docks have already scarred the shore; • there are other options available for moorage.

I urge the Municipal Council to enact the amendment.

Thank you, Deborah Thomson

Page 94 of 224 Tyler Ruggles

From: Deborah Bramm

Follow Up Flag: Follow up Flag Status: Flagged

To Mayor Skeels and all our esteemed Bowen Island Councillors:

First, thank you for all your ongoing efforts toward social justice on behalf of Bowen community members and the care and protection of our unique natural environment.

I offer the following in support of your upcoming hearing regarding the proposed bylaw amendment. Your consideration of this message is appreciated.

I support the proposed amendment for the following reasons:

• the amendment does not change the intent of the bylaw, it merely clarifies the interpretation of the bylaw;

• the bylaw and amendment are limited in its application;

• the construction of docks in the area is folly: standing as witnesses to that fact are the several half- built, abandoned, damaged, unused docks in the area;

• experienced boaters know that the open water in the area makes for poor moorage; and

• there are other options available for moorage.

I urge the Municipal Council to enact the amendment.

Sincerely, Deborah Bramm

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Page 98 of 224 Tyler Ruggles

From: Dennis Vetter Sent: March 11, 2018 6:13 PM To: BIMBC - Mayor And Council Cc: [email protected] Subject: Amendment to Bylaw No. 445, 2017

Follow Up Flag: Follow up Flag Status: Flagged

Dear Mayor and Council,

I just wanted to voice my full support for the proposed Amendment to Bylaw No. 445, 2017.

To counter some of the comments against the proposed changes I would offer that the docks that have been installed thus far have proven that it's a very bad location for a dock. The dock on lot 13 has been put out of commission by Westerly winds several times and has been unusable since June, 2014. Any mariner worth his salt will tell you that it's an unsafe place to anchor or dock when a Westerly kicks up. If more docks are allowed there it will only be a matter of time before a boat is sunk creating a costly environmental event. Moreover, as you well know, the ability to build a dock is a privilege, not a right. The foreshore belongs to everyone, not to the upland property owner. Some (i.e. the upland property owners) seem to still believe that it is a right of the upland property owner. Further, with the precious few accessible beaches and shallow foreshore on the island preserving what's left for "the rest of us" is of paramount important. As such, I would argue that we need to take this a step further and enact bylaws to protect the remaining beaches on the island so that they are not degraded for public use by a plethora of docks.

Finally, I would like to remind those of you who took a strong stand during the last election to please follow through on your election promises. Over 1300 people petitioned for protection of our beaches. Four of you stated you did not support private docks on public beaches or on Cape Roger Curtis. Here are the comments you made at that time:

"I love public beaches and have worked to protect and open access to them over 15 years on Bowen. The new Phase 1 Dock Bylaw is far more permissive than the process in place earlier."

"I believe that public access and enjoyment of public beaches is a very important amenity to our island community. I believe it should be protected not only for our enjoyment now but also for the future generations. I also firmly believe that fragile ecosystems and habitats such as eelgrass beds should be fully protected."

"Private docks do not belong on public beaches. If elected to council, I would consider the second phase of the dock bylaw as unfinished, essential policy work. I look forward to Stop The Docks becoming unnecessary because we have adequate bylaw protection in place to protect our public beaches."

So I respectfully urge you to follow through on your promise and not only enact this amendment but to also work toward the "phase 2" of the bylaw and protect our public beaches as well. Please preserve the rights of the many over the privilege of the few!

Thank you for your consideration,

Dennis Vetter Arbutus Place

Right-click or tap and hold here to download pictures. To help protect your privacy, Outlook prevented au tomatic download of this picture from the Internet. Virus-free. www.avg.com

Page 99 of 224 Tyler Ruggles

From: Bowen Island Municipality Sent: March 9, 2018 2:03 PM To: BIMBC - Mayor And Council Cc: Tyler Ruggles Subject: FW: Land Use Bylaw No.57, 2002, Amendment Bylaw No.445,2017

Follow Up Flag: Follow up Flag Status: Flagged

From: don@ < Sent: Thursday, March 8, 2018 9:24 PM To: Bowen Island Municipality Cc: Daniel Martin ; Don Ho ; Candy cell Ho < > Subject: Land Use Bylaw No.57, 2002, Amendment Bylaw No.445,2017

Dear Mayor and Council,

As an owner of property on Bowen Island, I am opposed to the proposed bylaw amendment.

Restricting the construction of docks on only Cape Rogers Curtis lands while there are many docks elsewhere on the island is unfair and discriminatory.

I believe docks form an essential component of recreational amenity that can co-exist within a healthy environment, as they have been for years on Bowen Island.

I strongly urge Mayor and Council to reject the proposed bylaw amendment.

Best wishes,

(Signed) Don Ho,

Owner of Cape Drive, Bowen Island

Page 100 of 224 Tyler Ruggles

From: Doug Hooper < > Sent: March 12, 2018 10:49 AM To: BIMBC - Mayor And Council Cc: Doug Hooper Subject: Land Use Bylaw No.57, 20002, Amendment Bylaw No.445, 2017

Importance: High

Follow Up Flag: Follow up Flag Status: Flagged

Dear Mayor and Council,

I am writing to express my strong support for Council adopting the subject bylaw. As a councillor from 2008-2011 and a member of the ‘Stop the Docks’ campaign to prevent the construction of private docks at Cape Roger Curtis, I am very familiar with the history and rationale/need for the proposed bylaw amendment.

It is clear from the letters and comments submitted in consideration of this bylaw that some people have misconstrued the issues of public interest and private property rights with respect to the Cape lands. To better understand these, and to elaborate on the reasons why I support the subject bylaw, I offer the following comments:

1. A comprehensive development plan for Cape Roger Curtis was the subject of intense debate in the time leading up to and following the November 2008 municipal election. The public interest was a core consideration, including protection of public access/use amenities and environmental protection. Ultimately, in 2009, Council unanimously opposed the Cape owner’s comprehensive development plan and directed BIM staff to work with the owners to consider an alternative plan that better reflected the OCP and LUB zoning. 2. The Cape owners elected to develop the property within the existing 59 lot subdivision zoning. BIM staff stipulated a number of conditions for granting the subdivision, including a foreshore covenant to prevent disturbance of the foreshore and allow public access, a waterfront trial, numerous other trails and the set aside of various pockets of environmentally sensitive lands. To be clear, as a condition of the subdivision approval, the ‘private property rights’ to develop the Cape lands were nested within the ‘public interest rights’ that were protected by the covenant, land dedications, and subdivision terms. 3. Ultimately, in 2012-13, several owners of lots at the Cape (including the principal owners of the development) chose to manipulate the interpretation of the covenant by applying to build docks that they claimed would not physically rest on the covenant lands. To clarify, they claimed these docks would be built below the highest high tide demarcation (which defines the covenant land boundary). They also asserted the docks would not impede public use of the foreshore, nor impair environmental values. These claims were vigorously challenged by Stop the Docks in 2013, a grass roots public campaign opposing the docks (petition support totaled 1385 signatures – all at http://stopthedocks.ca/who-cares/). The BC government and the BIM Council of 2011-2014 turned a blind eye to the OCP, LUB and covenant and allowed the granting of water licences to build 4 docks in the fall 2012. As a result, we now have: a. Three docks in various stages of disrepair (lot 11, lot 13 – broken; lot 6 - incomplete). The docks were not built to withstand the environment in which they were placed. All are unused. These docks are a folly – but, one that is a dangerous to humans and other animals that use the waters/lands in the vicinity of the structures; b. Three docks are in direct violation of the covenant by being placed above the highest high-water mark (see email to Council with photographic evidence – Dec.7-17). The footings for docks at lots 11, 13, 15

Page 101 of 224 are on dry land at the highest high water during king tides (16.4’ tide) – the footing for the dock at lot 14 may be as well; c. Three docks, at lots 11 and 13 and the one under construction at lot 14, directly impair public access and use of the highly valued public foreshore lands; and d. Four docks, at lots 11, 13, 14, and 15, are placed directly upon and within environmentally sensitive foreshore and marine habitat – there is no basis to support the placement of docks in these sensitive habitats. 4. The subject of Cape Roger Curtis docks was a key element of the 2014 municipal election, and all incumbent council members clearly articulated their position on the issues. The BIM Council of 2014-2018 has taken direct action to reinstate the protections that should have been accorded by the covenant, OCP and LUB. Court actions were brought by Cape land owners, seeking to assert private property rights over the spirit and intent of the laws that were meant to protect the public interests in these lands, and that underpinned the subdivision approval terms. As a result of these actions, one additional dock is now under construction on lot 14, directly beside the high-use area around the Cape Lighthouse.

The intent of the subject bylaw is clear: to close all loopholes through which private property owners at the Cape have manipulated the laws to build docks on lands that were – as a condition of subdivision – to have remained in their natural state. It’s time to take firm and clear action to re-instate the spirit and intent of the original covenant, and our OCP and LUB; for this reason, I firmly support Amendment Bylaw No.445.

Further, I request that BIM Council formally ask the BC government to terminate the expiring water licences at Cape Roger Curtis, and that all appropriate actions be taken to remove the broken, unused (and unusable) docks to reinstate the full public interest, protect the health and safety of residents and visitors using the Cape recreational areas, and restore the necessary environmental protection of this valuable habitat.

Respectfully,

Doug Hooper Bowen Island, BC 778-

Page 102 of 224 Tyler Ruggles

From: Bowen Island Municipality Sent: March 12, 2018 9:40 AM To: Daniel Martin; BIMBC - Mayor And Council Cc: Tyler Ruggles Subject: FW: Bylaw 445, 2017 (Water General 1 (b) Zone Amendments, Cape Roger Curtis)

Follow Up Flag: Follow up Flag Status: Flagged

March 12, 2018

Daniel Martin, Manager of Planning & Development Bowen Island Municipal Hall 981 Artisan Lane Bowen Island, B.C., V0N 1G2

Dear Mayor and Council Members,

On behalf of five of the seven members of EAGLE TREE STRATA , we agree to oppose Bylaw 445, 2017 (Water General 1 (b) Zone Amendments, Cape Roger Curtis).

We also consider this bylaw to be unfair and prejudicial toward the CRC development. We have also heard on good authority that this bylaw could affect all of us down the road. As a waterfront property, we appreciate the advantage of our buoys and have enjoyed our access to the water for boating pleasure, fishing and transportation since the seventies and some of our families have enjoyed these privileges since the late 1890's. My family in particular prior to becoming property owners had rented all over Bowen since the 1940's and always with priority to the access to the sea. To consider life on an island without the surrounding ocean seems ridiculous.

We six are against the proposed new amended Bylaw 445. In our Strata's opinion it is overkill and has many potential unintended consequences. If Bylaw 445 were to be extended to the entire Island, it would be ruinous for all Bowen property owners, not only waterfront property owners who will all most certainly join another costly legal challenge.

Robin & Janet Weld Eagle Tree Rd

Doug & Carolyn Knight Eagle Tree Rd

Sue & Bill Malkin Eagle Tree Rd

Stuart Bristowe & Deidre Farah Eagle Tree Rd.

Page 103 of 224 Tyler Ruggles

From: Edna Thomson Sent: March 11, 2018 12:21 PM To: BIMBC - Mayor And Council Subject: Amendment to Docks Bylaw

Follow Up Flag: Follow up Flag Status: Flagged

To Bowen Island Mayor and Council,

I support the proposed amendment for the following reasons:

- the amendment does not change the intent of the bylaw, it merely clarifies the interpretation of the bylaw;

- the bylaw and amendment are limited in its application;

- the bylaw and amendment are in the public interest, especially given the public parks, the foreshore covenant, the public sea walk, and the environmentally sensitive foreshore lands and waters in the area;

- the construction of docks in the area is folly: standing as witnesses to that fact are the several half built, abandoned, damaged unused docks in the area;

- experienced boaters know that the open water in the area makes for poor moorage; and

- there are other options for moorage.

I urge the Municipal Council to enact the amendment.

Regards,

Edna Thomson

Page 104 of 224 March10, 2018

Mayor and Council

Bowen Island Municipality

Bowen island,BC

VON1G0

Mayor Skeelsand Council:

RE:Proh on of Docksat Cape Roger Curtis Amendment Bylaw No. 445

I am strongly against to the proposed changes to Amendment Bylaw No. 445, whichwould restrict the building of ducks at Cape Roger Curtis.

There are more than 60 docks on Bowen Islandalready. it is discriminatory to prevent the property owners in this area from being able to builddocks. Thisis unfair.

This campaign waged by members of council over the past few years has already forced the Bowen Island Municipality to defend two court cases, fought on the backsof taxpayers of Bowen Island.I believe it is only fair that we taxpayers get to knowwhat this campaign has cost us since this council was elected four years ago. In the interest of transparency, prior to the public hearing on March 12, I would ask that you disclosethe legal expenses incurred in drafting and advisingon the bylaw, defending the bylaw through two court cases, and court costs paid to others for your loss.

Should councilamend this bylaw, you would most likely once again find yourself defending yourselves in court, and I personally have no interest in footing the billfor a third court case.

I note that your staff report on this issue indicates that "thisapplication is not anticipated to have financial impacts for the municipality". Iwould urge you to think carefully about that. Perhaps it is time for those councillors who wish to continue to wage this personal crusade to do so on their own dime.

Respectfull ,

Edwin Lee I Roger Curtis Lane Bowen island, BC.

Page 105 of 224 Tyler Ruggles

From: Ellen Coburn < > Sent: March 12, 2018 8:46 AM To: BIMBC - Mayor And Council Subject: dock amendment

Dear Mayor and Council

I support the proposed amendment for several reasons

The amendment is a clarification of the existing bylaw which I support

This area of the shoreline is totally inappropriate for docks due to the weather and water conditions on the south west tip of Bowen Island. We will be picking up dock debris all along Bowen’s coastline

Land owner should be expected to build a home before they construct a dock in front of a vacant lot destroying our sensitive foreshore

there are other points that could be made but this seems to be enough for most reasonable people

Yours truly

Ellen Coburn Lenora Rd

Page 106 of 224 Tyler Ruggles

From: Claire Trepanier Sent: March 10, 2018 3:32 PM To: BIMBC - Mayor And Council Subject: upcoming CRC bylaw amendment public hearing

Follow Up Flag: Flag for follow up Flag Status: Flagged

Dear Mayor and Council

I support the bylaw amendment that would prohibit any more docks at CRC. The amendment is consistent with the original bylaw and I urge you to approve it.

Sincerely,

Eric Sherlock

Aerie Tree Lane

Bowen Island

Page 107 of 224 Tyler Ruggles

From: Haig Farris > Sent: March 12, 2018 8:28 AM To: BIMBC - Mayor And Council Subject: Dock by law

The Bowen Council several years ago made a monumental mess of the development at Roger Curtis. Now the same group of incompetents is engaging in a vindictive attempt to settle the score with the owners of lots at Roger Curtis by passing an bylaw singling them out from all other dock owners on Bowen. This is a step along the way to ban all docks and buoys around the island. This Trump-like attempt to punish a particular group is anti-democratic and only leads to ill feeling and negative community relations and sets neighbour against neighbour. A secondary issue is of course the cost of the inevitable lawsuit which the municipality the cost of which will have to foot. The council should publicly disclose what the last lawsuit cost. The money would be better spent on crucial civic needs such as health care, transportation, housing, and education.

I hope common sense prevails and this proposed by-law amendment finds its way into the ashcan of the council.

Yours truly

Haig Farris Sent from my iPhone

Page 108 of 224 Tyler Ruggles

From: Bowen Island Municipality Sent: March 12, 2018 1:18 PM To: BIMBC - Mayor And Council Cc: Daniel Martin; Tyler Ruggles Subject: FW: Docks and logging

From: Heather Woodall < > Sent: Monday, March 12, 2018 12:42 PM To: Bowen Island Municipality Subject: Docks and logging

We are in Mexico and will not be able to attend these two meetings. I would like to express my views on both subjects. That I oppose any further docks on Cape Roger Curtis shores public shoreline. Or do I support any type of logging on Bowen. I do think that this new attempt is simply another attempt like the previous one only under a different guise to have areas logged for profit and has no place in a small community whose future is dependent on tourism. Years ago when cutting might have been an option there were very few residents on the Island. Since that time our community has grown considerably and the concept of logging any area does not make sense. Enough trees are lost in development. We cannot afford to lose any more. Heather Woodall Senator Road Bowen Island, BC

Page 109 of 224 Tyler Ruggles

From: Holly Cleator < > Sent: March 11, 2018 3:27 PM To: BIMBC - Mayor And Council Subject: Amendment to the Docks Bylaw

Follow Up Flag: Follow up Flag Status: Flagged

Mayor and Council,

I am writing to express my support for the amendment to the docks bylaw.

The bylaw and amendment are in the public interest, especially with respect to environmentally-sensitive foreshore lands and waters in the area. Construction of docks there doesn’t make sense due to its exposure to the open waters of – and prevailing winds in – Georgia Strait. It’s also worth noting that the bylaw and amendment are limited in their application, and that the amendment simply clarifies the interpretation of the bylaw not change its intent.

For these reasons, I urge Municipal Council to enact the amendment to the docks bylaw.

Holly Cleator Eaglecliff Road, Bowen Island, BC V0N 1G1 Tel/text: 778

Page 110 of 224 Tyler Ruggles

From: Ian Thomson < > Sent: March 12, 2018 7:07 AM To: BIMBC - Mayor And Council Subject: comments Bylaw 445, 2017

Follow Up Flag: Follow up Flag Status: Flagged

Dear Mayor and Council,

I am writing in support of the proposed Bylaw 445, 2017 (Water General 1 (b) Zone Amendments, Cape Roger Curtis).

Further clarity to the prohibitions regarding private works on what are essentially public lands, and prohibition on private land whose development would unreasonably impair public lands, is warranted.

Thank you,

Ian Thomson (o) 604 (m) 778

Page 111 of 224 Tyler Ruggles

From: Jack Little > Sent: March 12, 2018 10:01 AM To: BIMBC - Mayor And Council Subject: docks

Follow Up Flag: Follow up Flag Status: Flagged

Having been involved in the effort to Stop the Docks in Cape Roger Curtis, I support the council's Docks bylaw. Waterfront property ownership does not mean ownership of a piece of the ocean.

Jack Little Vancouver

Page 112 of 224 Tyler Ruggles

From: Jack Silberman ~~Sent: March 11, 2018 7:25 PM To: BIMBC - Mayor And Council Subject: CRC WATER ZONE AMENDMENT~~

~~Follow Up Flag: Follow up Flag Status: Flagged~~

~~Dear Mayor and Council,~~

~~I have to be at work during the public hearing on Monday, March 12, otherwise I would attend your meeting. This is an important issue.~~

~~Please accept this email as my written submission on the subject.~~

~~I have been a Bowen resident for 28 years and I strongly support the proposed CRC Water Zone Amendment amendment.~~

~~• the amendment clarifies the interpretation of the bylaw;~~

~~• the bylaw and amendment are limited in its application;~~

~~• the construction of docks in the area is folly: standing as witnesses to that fact are the several half- built, abandoned, damaged, unused docks;~~

~~• experienced boaters know that the open water in the area makes for poor moorage; and~~

~~• there are other options available for moorage.~~

~~I believe that a large majority of Bowen Islanders support the amendment and urge Municipal Council to enact it.~~

~~Best Regards,~~

~~Jack Silberman~~

~~Page 113 of 224 Tyler Ruggles~~

~~From: Jacquie Mani < > Sent: March 12, 2018 10:25 AM To: BIMBC - Mayor And Council Subject: Docks again?~~

~~Follow Up Flag: Follow up Flag Status: Flagged~~

~~Dear Mayor and Council,~~

~~As I am unable to attend tomorrow's public hearing on the proposed amendment to the Cape Roger Curtis no-docks bylaw, please accept this email as my written submission on this topic.~~

~~I am in favour of the proposed amendment on the following grounds:~~

* the amendment does not change the intent of the bylaw; it merely clarifies the interpretation of the bylaw;

* the bylaw and its proposed amendment are limited in application;

* the bylaw and amendment are in the public interest, especially given the public parks, the foreshore covenant, the public sea walk, and the environmentally sensitive foreshore lands and waters in the area;

* the notion of constructing docks in the area was never sound - as evidenced by the several half-built, abandoned, damaged, unused docks along the coast of the Cape;

* experienced boaters know that the open water in the area makes for poor moorage; and

* there are other options available for moorage.

~~I urge the Municipal Council to enact the amendment.~~

~~Thank you,~~

~~Jacquie~~

~~Jacquie Mani Windjammer Rd 604.~~

~~Page 114 of 224 Tyler Ruggles~~

~~From: Jake Kerr < > Sent: March 10, 2018 6:01 PM To: BIMBC - Mayor And Council Subject: Dock bylaw~~

~~Follow Up Flag: Follow up Flag Status: Flagged~~

~~As long time islanders we oppose this initiative as discriminatory and unnecessary expense Jake and Judy Kerr Tim C Kerr Tim B Kerr~~

~~Sent from my iPhone~~

~~Page 115 of 224 Tyler Ruggles~~

~~From: James Hickling Sent: March 9, 2018 8:44 PM To: BIMBC - Mayor And Council Subject: CRC Water Zone - Amendment~~

~~Follow Up Flag: Flag for follow up Flag Status: Flagged~~

~~RE: CRC Water Zone Amendment~~

~~Dear Mayor and Council,~~

~~I will be away on business during the public hearing on Monday, March 12. Please accept this email as my written submission on the subject.~~

~~I support the proposed amendment for the following reasons:~~

~~• the amendment does not change the intent of the bylaw, it merely clarifies the interpretation of the bylaw;~~

~~• the amendment is limited in its application;~~

~~• the amendment is in the public interest, especially given the public parks, the foreshore covenant, the public sea walk, and the environmentally sensitive foreshore lands and waters in the area;~~

~~• the construction of docks in the area is folly: standing as witnesses to that fact are the several half-built, abandoned, damaged, unused docks in the area;~~

~~• experienced boaters know that the open water in the area makes for poor moorage; and~~

~~• there are other options available for moorage.~~

~~I urge the Municipal Council to enact the amendment.~~

~~Regards,~~

~~James Hickling~~

~~Page 116 of 224 Lenora Rd~~

~~Page 117 of 224 Tyler Ruggles~~

~~From: James Topham > Sent: March 11, 2018 3:30 PM To: BIMBC - Mayor And Council Subject: Bylaw 445~~

~~Follow Up Flag: Follow up Flag Status: Flagged~~

~~Dear Council,~~

I am opposed to Bylaw 445 which I understand would give retroactive ability to have existing docks, piers, moorage etc. removed from the Roger Curtis Point Area. I believe this is wrong and a dangerous precedent for Bowen Island.

~~James Topham~~

~~Captains Way 604~~

~~Page 118 of 224 Tyler Ruggles~~

~~From: John Adams Sent: March 12, 2018 12:34 PM To: BIMBC - Mayor And Council Subject: I SUPPORT THE DOCKS BYLAW~~

~~Public land for public use -- without the pilings and gangplanks of entitled landowners destroying it.~~

~~Do the right thing and enforce the Docks Bylaw.~~

~~John Adams Film & Broadcast Editor eml. t web. j~~

~~Page 119 of 224 Tyler Ruggles~~

~~From: Janet Esseiva Sent: March 12, 2018 8:56 AM To: Tyler Ruggles Subject: FW: Cape Roger Curtis Bylaw amendment~~

~~Follow Up Flag: Follow up Flag Status: Flagged~~

~~From: John Wilmot > Sent: Sunday, March 11, 2018 9:05 AM To: Bowen Island Municipality ; Daniel Martin Subject: Cape Roger Curtis Bylaw amendment~~

~~It’s time to close the chapter and the book on this sad story of NIMBYism, vindictiveness and prejudice. Few, if any true islanders can take pride in this assault on property rights.~~

~~John H Wilmot Exeter Development Inc 602~~

~~Page 120 of 224 Tyler Ruggles~~

From: John Sbragia Sent: March 11, 2018 5:37 PM To: BIMBC - Mayor And Council; Kathy Lalonde Subject: Written submission Re: CRC Water Zone amendment - March 12 Public Hearing Attachments: StopTheDocks BIM Public Hearing Bylaw 381-2015 May 14 2015.pdf

~~Importance: High~~

~~Follow Up Flag: Follow up Flag Status: Flagged~~

~~Re: CRC Water Zone amendment~~

~~Dear Mayor and Council,~~

~~The following is my written submission with regard to the above amendment.~~

~~I support the proposed amendment for the following reasons:~~

~~• It reflects the fundamental policy of the Official Community Plan with regard to the overall, sensitive foreshore environment at Cape Rogers Curtis.~~

~~• The particular marine environment at CRC is not conducive to the practical or sustainable erection of docks, piers and other structures (including boat lifts).~~

~~• The erection of docks and the other above structures would substantially degrade one of the the most beautiful eco tourist park and sea walk areas on the island.~~

• The public record already shows that the people of Bowen Island have expressed their strong opposition to the erection of docks at CRC, through previous written submissions and a petition containing over 1300 signatures. As our elected representatives, it is incumbent upon the municipal council to keep reflecting the will of the majority of islanders as expressed at the previous public hearing regarding this issue. Many of the written submissions and the petition presented at that time are attached for your reference.

~~Page 121 of 224 Submission to Public Hearing: Bylaw No. 381, 2015 Thursday, May 14, 2015~~

Stop The Docks Thank you for bringing forward the issue of private docks at Cape Roger Curtis and proposing a straightforward and clear resolution to the matter by way of Bowen Island Municipality Land Use Bylaw No.57, 2002 Amendment Bylaw No. 381-2015 (Bylaw 381-2015). Stop The Docks has, for over two years, actively represented a group of concerned citizens opposed to the environmental, recreational, and aesthetic impacts of private docks at Cape Roger Curtis.

Our website, www.stopthedocks.ca , provides a compilation of information, news and a chronology of events concerning the approval and construction of private docks at the Cape. We encourage Council and staff to review our website for more information.

Provided below, for Mayor and Council, is a compilation of petition supporters and their comments that we have received – all of these are on our website under the tab “Who Cares?” These people and their voices must not be forgotten – the names and comments are submitted to Bowen Island Municipal Council for re-consideration at the Public Hearing review of Bylaw No. 381, 2015.

As you will note, over 1,385 people support Council taking action to keep the Cape in its natural state. Bylaw 381, 2015 will restore the integrity of existing public land and trail dedications and the environmental legal covenant meant to protect the Cape Roger Curtis shoreline.

We fully support Bylaw 381-2015, and pledge to work with Council and staff to assist in its implementation. We also offer our assistance and expertise, as Council seeks to define measures to protect Bowen Island’s other environmentally sensitive and high-use recreational shorelines.

~~Stop The Docks – The Petition In May 2013, we asked people to endorse the following statement:~~

We oppose the construction of docks on the shores of Cape Roger Curtis. We urgently ask Bowen Council, the BC Government & the Cape landowners to take immediate action to keep the Cape waterfront in its natural state.

~~These are some of the over 1,385 residents, visitors, parents, children, friends and neighbours who signed the petition:~~

Brenda Addison-Jones • Cheryl Ackerman • Deanna Adams • John Adams • Mike Adams • Patricia Adams • Robert Adams • Guenter Adolphs • Helga Adolphs • Susan Alexander • Wendy Alexander • BJ Allan • Danielle Allan • Lissy Allan • Sheila Allan • Suzanne Allan • Buff Allen • Claire Allen • Mike Amouie • Joan Anastasiou • Kip Anastasiou • Dee Anderson • Doreen Anderson • Gord Anderson • Maurice Anderson • Anonymous • Anonymous • Jenny Anstey • Ira Applebaum • Trish Arnes • Michael William Arthur • Lorraine Ashdown • Sheena Ashdown • Helen Ashmore • Anonymous • Blair Atkinson • Chris Atkinson • Christine Atkinson • Hinda Avery • Lisa Avery • Juliet Aviles • Anne Ayre • John Ayre • Surinda Bacon • Alison Baker • Anita Baldwin • Bruce Baldwin • Huck Baldwin • Judy Balko • Jeff Ballou • Anonymous • Jeremy Bally • Marcel Bally • Jlonka Bally Brown • Marian Bantjes • Tony Bar • Gillian Barker • June Barnwell • John Barr • Sue Barr • Chet Barrett • Lisa Barrett • Andrea Bastin • William Bates • Hannah Bauer • Marc Bauer • C Bawden • Warwick Bay • Catherine Bayly • Jeb Beach • Anonymous • Alison Beale • Carolyn Beaty • Fiona Beaty • Ian Beaty • Joan Beaty • Karen Beaty • Len Beaty • Mark Beaty • Ross Beaty • Trisha Beaty • Pierre Beaudry • Libby

~~Stop The Docks at Cape Roger Curtis www.stopthedocks.ca 1~~

~~Page 122 of 224 Submission to Public Hearing: Bylaw No. 381, 2015 Thursday, May 14, 2015~~

Beck • Lisa Beck • Lucy Beck • Martin Beck • Quentin Beck • Anonymous • Tony Beck • Shayla Beedie • Steph Begg • Summerly Begg • Hans Behm • Hans-C Behm • Jonathan Bell • Liz Belluk • Reed Bement • Gillian Bennett • Guy Bennett • Anonymous • Jonothan Bennett • Sara Bennett Fox • Debbie Benson • Ted Benson • Barbara Best • Zoe Bezpalko • Lisa Marie Bhattacharya • Shabir Bhimji • Barb Bingham • Anonymous • Birch • M. Blackwall • R Blackwell • Alan Blair • Dorothy Blair • E Booth • Tony Bosley • April Bosshard • Gabriel Bouthead • David Bowen • Jennifer Bowie • Jackie Bradley • Ted Bradley • Gord Braener • Anonymous • Ross Bragg • Debra Bramm • Susanna Braund • Dawn Brett • Michael Brewer • Marla Brillinger • Anonymous • D Bristow • Stuart Bristowe • Anonymous • N Broderick • Janine Brossard • Jasmine Brossard • John Brossard • Rose Brossard • Court Brousson • Adelle Brown • Amber Brown • Bill Brown • Christian Brown • Cindy Brown • Anonymous • P Brownsey • Roger Brownsey • Ian Bruce • Shirley Brunke • Larry Bruton • Damien Bryan • Cathy Buchanan • Diane Buchanan • Carol Buckner • Luz Budzinski • Anonymous • Adeline Bueckert • Magi Bullock • Gale Burdock • Liz Burdock • Trevor Burdock • Juliee Burrows • Anonymous • Don Bury • Felicity Buskard • Jim Bydak • N Cagalese • Rob Cairns • Phil Calder • Rebecca Calder • Ed Callaghan • Ann Cameron • David Cameron • Owen Cameron • Anonymous • Bawn Campbell • Keith Campden • S Campden • Rick Cannell • Dennis Cannon • Leanne Caradeen • Anonymous • Michelle Carchrae • Tom Carchrae • Phil Carlington • Bill Carr • Iris Carr • Jani Carroll • Richard Carroll • Brenda Carson • Jazzmin Carson • Sherri Carson • Anonymous • Susan Carson • Tim Carson • Bill Carter • Suzy Casilio • Wendy Cellick • Joy Celline • Roy Celline • Abe Chaiton • Rob Champoux • Joe Charles • Jan Chilvers • Trish Chinnery • Andre Chollat • Gerry Chow • Ruth Christie • Anonymous • Bronwyn Churcher • Dale Churcher • Martin Clarke • Sue Clarke • Jean Cleator • Leah Cline • Barabar Clow • E Coburn • Marco Coda • Lise Cole • Shawn Cole • Anonymous • Mary Coleman • Joan Collins • Marian Coope • R. Cooper • Jen Cormack • Mark Cormack • Sean Corney • Lauren Cornwell • Chris Corrigan • Julia Courtnay • Margaret Coutts • Dan Cowan • Daniel Cowper • Karen Cowper • Anonymous • Al Cox • Nancy Cox • Peter Cox • Carol Cram • Brian Creswick • Pamela Creswick • Sara J. Crossen • Jane Cruz • Robyn Culter • Sarah Cumming • Tarla Curran • Joy Currnan • Sarah Curry • Michael Curtis • Safron Cy • Gurston Dacks • Gurston Dacks • F Dale • John Dale • Judith Dale • Viire Daniels • Ian Davidson • Cara Davies • Eric Davies • Jeffrey Davies • Jill Davies • Jonathan Davies • Nancy Davies • Shawn Davies • Tim Davies • Ronald Davis • Kenlp Daw • Neil Daw • Sandra Dawson • Liesl De Beer • Robin De Zwart • Ella de Meester • Cindy DeConnick • Donnita Deen • Meribeth Deen • Babette Deggan • MaryEllen Degrace • Daniel Dekker • Sean Delaney • Andrew Delong • David Demner • Chelsea Denholm • Alex Denis- Lay • Jeff Derbyshire • Kim Desante • Terri Dewar • Sum Dhillon • Elizabeth Dhont • Betty Dhont Tigs • Pam Dicer • Marian Dill-Jones • Jens Diricks • Jo Anne Docker • Heather Doherty • Richard Dohmeier • Pam Dominelli • Jamie K Donaldson • Heather Dorman • Jim Dorman • Nancy Dorman • Stephan Dorman • Bob Doucet • Steve Dougherty • Anonymous • Brett Dowler • John Dowler • Lenya Dowler • Wolf Draegestein • Allene Drake • Erinne Drake • Gillian Drake • C Drew • Georgiana Drew • Rick Drew • Tom Drews • Karen Drexel • Peter Drummond • Scott Ducharme • Harvey Dueck • Madeleine Duff • Merlissa Dundas • Jane Dunfield • Elizabeth Dunlop • Bridget Dunne • Fraser Durrant • Pat Durrant • Lisa Duval • S Dworlan • Jane Dyson • Rogers Eaman • Judi Eden • Anonymous • Mich Eden • Mark Edmonds • Janet Effan • Brent Ehrl • Kim Eifler • Dr. Guenter Eigendorf • Frazer Elliott • Paul Epp • Mike Epps • Mayran Erfani • Ginger Erskine • Sarah L Estrange • Liz Evans • Ted Evans • Karla Everitt • Nathan Evetts • Alice Ewart • Danny Ewart • Keith Ewart • Theresa Ewat • M Exiffitys • Benjamin Faber • Joanne Fallow • Nick Faragher • Anonymous • Deidre Farah • Georgina Farah • Josie Farrell • Paul Fast • SueEllen Fast • Patricia Fentie • Bob Ferguson • Gayle Ferguson • Jim Ferguson • Louise Ferguson • Stephen Fisk • Tatin Flad • Doug Fleetham • Anonymous • Mariah Fleetham • Ralph Fleming • Ruben Fleming • Hanna Ford • Gwen Forrest • Kit Fortune • Stephen Foster • Isaac Fox • Anne Franc de Ferriere • Steve Frazer • Tracey Frazer • Keren Freed • Neve Freed • Rina Freed • Ursula Freed • Debby Freima • Dallas Fresman • J Fretwurst • Alejandro Frid • Leonardo Frid • Peter Frinton • Nicholas Bradford Fritz • Caitlin Frost • Peggy Frulling • Soian Fry • Lynn Fuhr • Britt Fuller • Valerie Fuller • Donna Fullerton (nee Sbragia) • Kathy Gagner • Gail Gallander • Gabrielle Garcia • Lesley Gaunt • Elizabeth Gautschi • Paul Geddes • Val Geddes • River Gedland • Dorothy Geisler • Ted Geisler • Susan Geist • Jerry George • Fred

~~Stop The Docks at Cape Roger Curtis www.stopthedocks.ca 2~~

~~Page 123 of 224 Submission to Public Hearing: Bylaw No. 381, 2015 Thursday, May 14, 2015~~

Ghatala • Wade Gibbons • D Gifford • Dirk Gigling • Len Gilday • Matthew Gildersteene • Katherine Gish • John Givins • Jerome Godboo • Shawna Goodrich • Kelley Goodwin • Saskia Gould • Billi Gowans • David Graff • Bill Graham • Elaine Graham • Paul Grant • Lynette Grants • Adrien Gratton • Jane Gray • Matt Gray • Moira Greaven • Gloria Green • Lachie Green • Susan Green • Samuel Greenspoon • Alison Greig • Audrey Grescoe • Paul Grescoe • Anonymous • Dorothy Griesbrecht • Frank Griffiths • Ronnie Grigg • Darla Grohne • Raef Grohne • Myah Grundy • Payton Grundy • M GRVFT • Paul Guencette • Morris Guerney • Anonymous • Andrew Gurlay • Natalie H • Russell Hackney • Wendy Hackney • David Hadrill • J Hadrill • Joan Hadrill • Sarah Haggerstone • Sheila Haggerstone • Sharon Haggerty • Davina Haisell • Heather Haley • Linda Halischuk • Bill Hall • Jennifer Hall • Susan Hall • Andy Hall-Patch • Vanessa Hall-Patch • Graham Hallat • Robert Hamel • Anonymous • Dale Hamilton • Keona Hammond • Neil Hammond • Jenny Hanen • James Hangarey • Alicia Hansen • Ron Hansen • F Harder • Roberta Hardie • Gary Harman • Michele Harrigan • Michelle Harrigan • David Harrington • Melissa Harrison • Glenn Harse • Brian Hartwick • Tim Hausch • Patrick Hawkes • Sarah Haxby • Anonymous • Ellen Hayakaura • Cam Hayduk • Kat Hayduk • J Hayes • Miles Hayes • Will Hayes • Hayward • John Hazell • C Headley • Corrina Headley • Jack Headley • Anonymous • Daniel Heald • Elsa Heath • Jon Heath • Kann Heath • Margaret Hecker • S. Hecker • Charmain Heffelfinger • Teresa Hefti • Matthew Helm • Richard Helm • Jason Hendyrson • Freja Henrichsen • Lotte Henrichsen • Anonymous • Per Henrichsen • Jen Henrickson • Carlos Henriques • Rick Herding • Dan Heringa • Donald Heth • Susan Heth • J Hickling • Laura Higgins • Colburn Hobrook • Brian Hodgins • Heather Hodson • Susan Hogan • Matt Hogg • Anonymous • Adam Holbrook • Jane Holland • Rory Holland • D Hollinger • Hector Holsman • Nedenie Hom • Bob Hooper • Doug Hooper • John Hooper • Mary Hooper • River Hooper • Robyn Hooper • Paul Hooson • Alica Hoppenrath • Anonymous • Andy Hoppenrath • Irmi Hoppenrath • Mal Hoskin • Rick Hovey • Kim Howden • Susan Howe • Howl • Tim Hoynihan • Thomas Hubbal • Dai Hughes • Karen Hughes • Hughes • Caroline Hurd • Andrea Hurlburt • Anonymous • Tracy Hurst • Will Husby • Cheryl Hutton • Trent Hutton • Charly Huxford • Ingela Hyatt • Tomoyo Ihaya • Cat Immen • Todd Ingram • Corinne Ives • Shantel Ivits • Dana Izdebski • Eryn Jackson • Marc Jalbert • B James • Anonymous • Elaine James • Kevin James • Lisa James • Oli James • Ryland James • Jean Jamieson • Laura Jamieson • Boysen Jay • Earl Jenkins • John Jensen • Julie Jensen • Yvonne Jensen • Caro Johnson • D. Johnson • Sheree Johnson • Anonymous • Amanda Jones • Carol Jones • Elaine Jones • Trevor Jones • Jay Jubenvill • Kim Juneja • Conrad Jurushka • Ture Kallstrom • Kami Kanetsuka • Kim Kassasian • Mary Kastle • Mitsumi Kawai • Sue Kay • A Keane • Anonymous • Peter Kearney • Trish Keating • Rick Keen • Cindy Keep • Corbin Keep • Carole Kemble • Francis Kemble • Roberta Kennard • Gail S Kenner • Vera Keogh • Anonymous • Eva Kepesora • Bob Kerr • Heather Kerr • Michael Kerr • Ian Kewnard • James Keyton • Virginia Keyton • Poong Kil Chung • Kari Killy • Tannis Killy • Tanya Kim • Anri Kimura • Jonas Kinakin • Marilynn King • Anonymous • Stephen Kirdy • Andrea Klann • EA Klann • G A Klann • James Klearrar • Louise Klein • Dominique Kluyskens • Adam Knight • Bev Knight • Rob Knight • Rosemary Knight • Samantha Knowles • Linda Koch • Jane Kokolakis • Anonymous • M Konzicka • John Kotz • Gillian Darling Kovanic • Rudi Kovanic • Magdalena Kozicka • C Krahn • Anonymous • Kristine Krinitzky • J Kristinsson • Avril Kulbida • HT Kulbida • Heidi Kurt • Nancy Kyle • Edward L Flupy • Richard Labonté • Erica Ladner • Alexa Laidlaw • Jeanie Lamb • Cheryl Landry • Mike Lang • Carolyn Langley • Anonymous • Christopher Langlois • Jean Lapointe • Marcel Laroche • Natasha LaRoche • Mike Lasdrum • Rebecca Laursen • Rita Laursen • Denise Lawson • Jay Laycell • Tanis Layzell • Pauline LeBel • Anonymous • Peggy Lee • Rosalind Leggatt • Sally Lehman • Curtis Leigh • Bill Leithead • Susan Leithead • J Lellner • Glenn Leonard • Anonymous • Shari Leonard • Natalie Leunar • Marty Levenson • Toni Leverett • Mo Levi • Anonymous • Randy Levine • Asa Liles • Jeff Lind • Beverley Lindsay • Morley Lipsatt • Andrea Little • Erin Little • Jack Little • Sandy Logan • L Loik • Anonymous • Nicholas Long • Elaine Loree • Jen Loree • Escher Lorenz • Jody Lorenz • Gail Lotenberg • Twyla Lotenberg • Coral Louie • Bo Lunguist • Brita Lunguist • Eddie Lunn • Maureen Lunn • Suzy Blown Lunn • Rika Lyne • Deirdre MacCarthy • Craig MacDonald • S. Macfarlane • Christian MacInnis • Rory MacIntosh • Diane Mackie • Iain Mackie • Mark MacLeod • Kirstie Maclise • Anonymous • Rhonda MacWilliams • Sandra Madden • Lauren Magner • Chelsea Mainwaring • Tony Mainwaring •

~~Stop The Docks at Cape Roger Curtis www.stopthedocks.ca 3~~

~~Page 124 of 224 Submission to Public Hearing: Bylaw No. 381, 2015 Thursday, May 14, 2015~~

LW Mair • Oon Malton • Rene Mandigo • Gary Mangel • Jacqui Mani • M. Manifold • Annemarie Mann • Jennifer Manning • Ainslie Manson • David Manson • Olive Marison • Kate Markham- Zantvoort • Jennifer Marsden • Jess Marshall • Stewart Marshall • Isabel Martin • Janice Martin • Marie Martinez • Melanie Mason • A Massender • Ava Massey • Jacqueline Massey • Galit Mastai • Jeff Matheson • Ally Matthews • Anonymous • Dwayne Matthews • Joyce Matthews • Pam Matthews • Patti Matthews • Ryan Matthews • Susan Matthews • Jewal Maxwell • Matt Maxwell • Cindy May • Jary May • Jane McBride • Keith Mccall • Pam McCall • Sheila McCall • Ben McCallum • Anonymous • Emily McCallum • Norma McCarthy • Stu McCormack • Genevieve McCorquodale • Andrew McCracken • Julia McCulloch • Mary McDonagh • Ross McDonald • Anonymous • Shelley McDonald • Kendra Mceown • Doug McGilivray • Marysia McGilvray • Karen McGregor • Mary McGregor • Dave McIntosh • Ellen McIntosh • Harry McKay • Terence McKeown • Monica McKinley • Carol McKinnon • Anonymous • Sheilagh McKinnon • Bob McKnight • Will McKnight • Phil McKracken • Tracey McLachlan • Judith McLaren • Ian McLennan • Brenda McLuhan • Muriel McMillan • Suzanne McNeil • Catherine McTaggart • Anonymous • Beth McTavish • Stella Meal • Hans Merkelbach • Corinnee Metcalf • Barb Metcalfe • Connie Metcalfe • Tania Michniewicz • Janina Micko • Janette Miguel • Tamsin Miley • Alex Millar • Heather Miller • Jackson Miller • John Miller • Anonymous • Kelly Miller • Margaret Miller • Pam Miller • Terry Mills • Jesse Milsted • Bob Milward • Elizabeth Milward • Jackie Minns • Alison Mitchell • Betty Mitchell • Anonymous • Heather Mitchell • Heike Mitchell • Robert Mitchell • J Mogridge • Wade Moisette • Kim Molinski • Rosie Montgomery • Leanne Moore • Marion Moore • Jeff Morales • Paul Morgan • Anonymous • Geo Morrow • Larry Morse • Adam Morton • Betty Morton • Mike Mountain • Bonnie Muiller • Anonymous • Karen Munro • Susan Munro • Barbara Murphy • Kathy Murphy • Nicola Murray • Erin Naismith • Kim Nattress • Roger Neal • Jude Neale • Anonymous • Dorothy Nelson • Deborah Neville • Heather Neville • John Neville • Maureen Nicholson • Mary Nicoll • Georgia Nicols • Anonymous • Francis Nielsen • Pernilla Nielsen • Tina Nielsen • Wynn Nielsen • Ben Nixon • Mike Nolan • Tallis Norlund • Chantal Norrgard • Derek Norris • Murray Nosek • Adriana Novirov • Anonymous • Andriy Novirov • Svitlana Novirov • Annie O’Dea • Chris Oben • Joseph Ocana • Amanda Ockeloen • David Ogden • Elsie Ogden • James Ogden • Cherylyne Olson • Michael Ondaatje • Quintin Ondaatje • Anonymous • Garlon Orlikiov • Margo Osinski • Carmen Otero • Tina Overbury • John Overbye • Nick Page • Joanna Pakendorf • Igor Palkocre • Peter Palmer-Hunt • Sharon Palmer-Hunt • Anonymous • Singne Palmquist • Daniele Parent • Daniel Parke • Caroline Parker • Dan Parker • John Parker • Daniel Parkin • David Parkin • Peter Parkin • Aery Parle • Linda Patriasz • Ross Patterson • Kevin Payne • Vivian Pearce • Tamara Pearl • Craig Pearman • Leo Pedersen • Kate Peer • M Penn • Muriel Penn • Virginia Penny • Graham Perkins • Anonymous • Dominique Perronii • Allan Peter • Carolyn Peters • Jodi Peters • Carol Peterson • Ivan Petresack • Linda Pfeiff • Wiefels Phett • David Phillips • Picard • Terry Pike • Dave Pinner • Malcolm Pitches • Cindy Platt • Owen Plowman • Teresa Plowright • Dave Pollard • Greg Pollard • Terry Pook • John C Poole • Nerys Poole • Anonymous • Sharon Poske • Shea Powell • Robert Pratt • Susan Pratt • Wilma Pretorius • Hannah Price • Lissa Price • Susan Price • Anita Priest • Donna Pringle • Peggy Proudlock • Rob Purdy • Gordon Purser • Annabelle Pycalo • Martin Pykalo • Ben Rader • Jeffery Radke • Anonymous • Christine Radley • Ian Radley • Jason Rahara • Alfred Rahn • Laura Rahn • Lisa Rainbird • Andrew Rainsley • Finn Rainsley-Ray • Annie Rainslyey- Ray • Karen Ramage • Anonymous • Ann Ramsey • Ethelyn Rankin • Bev Rapley • Zoe Rappard • Diana Ray • Aryana Rayne • Matthew Reddekopp • Jeni Redekopp • Donovan Reeves • Anya Reid • Gordon Reid • Dawn Reily • Jack Resels • Ray Resels • Emma Reynolds • Neil Reynolds • John Rich • Kim Rich • Anonymous • Denise Richad • Paul Rickett • Su Rickett • J Riley • Graham Ritchie • Jonathan Ritchie • Juian Ritchie • Matt Ritchie • Rupert Ritchie • Sue Ritchie • Dai Roberts • Wendy Roberts • Ashli Robertson • Carli Robertson • Cathy Robertson • Peter Robinson • Milena Robledo • Gail Roddan • German Rodgriguez • Markus Roemer • Beverley Rogan • Julie Rogers • Anonymous • Lea Roghon • Ron Roghon • Leanne Romak • Gregory Ronczewski • Ariel Rose • SM Rose • Rose • Anonymous • J Rosenberg • Jeffrey Rosenfeld • Peter Ross • Tobyn Ross • Jay Routledge • C. Charles Rudd • Isabel Ruedigo • Oliver Ruse • Julie Rush • Peter Ryan • Sigurd Sabathil • Ed Sanders • Anonymous • Kalindi Sani • Santosha • C Saria • Jeanne Sarich • Donaleen Saul • Julia Saunders • Julie Saxton • Anonymous • John Sbragia • Meredith Sbragia • Mariane Schedler •

~~Stop The Docks at Cape Roger Curtis www.stopthedocks.ca 4~~

~~Page 125 of 224 Submission to Public Hearing: Bylaw No. 381, 2015 Thursday, May 14, 2015~~

James Scherer • Sue Schloegl • Suzanne Schloegl • Robi Schuber • Teun Schut • David Schwartz • M Schwartzel • Jason Schwetzer • Anonymous • Tiffanee Scorer • Wendy Seale-Bakes • Finn Segal • Michael Segal • Mary Selman • Richard Selman • Bob Semeniak • Brad Senn • Monika Senn • Leah Serna • Ron Serna • Aynsley Severide • Brian Seward • Anonymous • D. Shadbolt • Claudia Shaefer • Chris Shank • Lisa Shatzkey • Jamie Shaw • Jim Shaw • Anne Shaw • Karen Shea • Robert Shea • Megan Sheffer • Michael Shelt • Eric Sherlock • A. Shields • Jasper Shore • Anonymous • Stef Shortt • Kevin Sidette • Elin Sigurdson • Ben Silberman • Jack Silberman • Ann Silbermann • Christiane Silva • Mario Silva • Richard Sim • Fraser Simmons • Jen Simms • Barbara Simons • Jeffrey Simons • Christina Simpson • Donna Sinclair • Linda Sirvano • Owen Sitnam • Janice Skeels • Anonymous • Murray Skeels • Mrs.K.C. Skillen • Jane Skipey • Sara Skuce • M Slade • Heather Sloat • Sharon Slugget • Amelia Smith • Brian Smith • Anonymous • Christine Smith • George A M Smith • Graham Smith • Griffin Smith • Kelly Smith • Matthew Smith • Merran Smith • Patti Smith • Rosie Smith • Russell Smith • Thomas Smith • Gal Smoer • Anonymous • Vicki Smye • Martha Snodgrass • Amrita Sondhi • Gail Soones • Anonymous • Gary Sparks • Sheailagh Sparks • Lawrence Sparling • Dyan Spear • Kailey Spear • Sam Spear • Ted Spear • Andree Srelias • Jane Srivastava • Anonymous • Joern Staege • Ute Staege • Katharine Steig • Heather Stephens • Kim A Stephens • Claire Stewart • Jean Stewart • Anonymous • Pam Stimpson • John Stiver • Anonymous • Elizabeth Storry • Mike Strain • Lorinda Strang • Deb Stringfellow • Joanna Strubin • Daryl Sturdy • Brian Sturley • Tim Sulhar • Mary Sullivan • Margaret Swain • Anonymous • Kim Syer • Amanda Szaho • Caelan T. • Saskia Tait • Neil H. Talbot • Starla Talbot • Bob Tanner • Jean Tassen • Wayne Tatlow • Anonymous • John Tavares • Elaine Taylor • Gary Taylor • Jamie Taylor • Jim Taylor • Judy Taylor • Sophie Taylor • Tess Taylor • Paul Tenant • Susan Tennant • Anonymous • James Thangarey • Steph Thatcher • Carrie Thiel • A Thomas • Betty Anne Thomas • Kate Thomas-Peter • Anelie Thomes • B Thompson • E Thompson • Eric Thompson • Ivan Thompson • Beverly Thomson • David Thomson • Deb Thomson • Anonymous • Devon Thomson • Edna Thomson • Ian Thomson • Kathryn Thomson • W Tilly • Andrew Todd • Richard Tom • Rick Tomkins • Don Toungsan • Alan Trejillo • Richard Tremblane • Teresa Triska • Janis Trleavan • Avril Trudeau • Rebecca Tunnacliffe • Maria Turnbull • Bob Turner • Anonymous • Scott Turner • P. Turratt • J P Tweten • Chris Tyldesley • Tristan Tyldesley • Shari Ulrich • Richard Underdown • Dee Vallee • Aubin Van Berckel • David Van Berckel • R Van Kenel • Adrian Van Lidth de Jeude • Emily Van Lidth de Jeude • Everhard Van Lidth de Jeude • Anonymous • Lyn Van Lidth de Jeude • Victoria Van Sdowen • Anton Van Walraven • Mark Vanderbyl • Mike Vandergugten • Rob Veades • Jacqui Verkley • Andrea Verwey • Pieter Verwey • Dennis Vetter • Sheila Vetter • Julie Vik • Tanya Voormeij De Zwart • Kelley Voyer • Anonymous • Iokimi Vunturaga • Melissa Vunturaga • Edward Wachtman • Lindsay Walker • Kate Wall • R Wall • Janice Wallace • Karen Wallace • Kelcie Walther • Irene Wanless • Kim Wanless • Wendy Wanvig • Lorne Warr • Ian Watson • Jilly Watson • Liz Watson • Michael Watson • Mike Watson • Millie Watson • Sheila Webster • Anonymous • Kim Weedmark • Claire Weeks • Joel Weise • Eddie Weismiller • Elise West • James West • Richard West • Alastair Westcott • Sam Westgard • Jennifer Wheatley • Hans When • Natasha When • Emma Whilte • Chris White • E White • Jason White • Kit White • Maria Whitehead • Lily Whitehead-Delong • Anonymous • Thomas Whiteur • C Dianne Whitmore • Todd Whitworth • Wolf Wickman • Richard Wiefelspuett • Patti-Jo Wiese • Alex Wild • Sheila Wild • Linda Wilke • Judy Emily Williams • Lynn Williams • Penny Williams • Anonymous • Renate Williams • T. Williams • Peter Williamson • Arla Willis • Jocelyn Willis • John A. Willis • Peter Willis • Anne Wilson • Dennis Wilson • Sarah Wilson • Barbara Wiltshire • Aaron Windel • Peter Wing • Richard Wing • Chantel Wingheld • Anonymous • Peter Winton • Sandra Winton • Maureen Witney • Dave Witty • Marg Witty • Jayne & Kornel Wolters • Katherine Wolters • Tony Wood • Heather Woodall • Anonymous • Ron Woodall • Melanie Worobec • Bonnie Wrenshall • Jeanette Wrenshall • Bruce Wright • C Wright • Fiona Wright • Jeremy Wright • Robert Wright • S Wriley • Anonymous • Karen Wristen • Cordell Wynne • Gil Yaron • Mai Yasue • Elisa York • Pere Youngson • Mary Ann Zakreska • Adriana Zamparoni • Imke Zimmermann • Anonymous • Oliver Zimmermann • Silvaine Zimmermann • Hayes Zirnhelt • Joanne Zutter • Andrea • Anonyomous • Daphne • Jeffray • John • Kamile • Kanatiio • Laurisse • Rob • Tim • Viggo •

~~Stop The Docks at Cape Roger Curtis www.stopthedocks.ca 5~~

~~Page 126 of 224 Submission to Public Hearing: Bylaw No. 381, 2015 Thursday, May 14, 2015~~

~~Stop The Docks - Comments Here are comments submitted to Stop The Docks from May 2013 to date.~~

Eric Steffensen : I visit Cape Roger Curtis often and do enjoy the natural state of the point and the land around it. I am surprised that a private dock would be allowed by the government along this shoreline.

Picard : I’ve been living on Bowen for 4 years and I love Cape Roger Curtis, in fact it’s my favorite spot on the island. I can’t believe what Mr Ho said in the Vancouver Sun newspaper , it will of course affect the environment.

Mark Vanderbyl : As a private yacht captain I have cruised past Cape Roger Curtis many times and appreciated the natural beauty, as have my guests. Large docks and private piers of this nature are clearly not in the interest of the environment nor the general public’s interest. They are only in the interest of a very select, small handful of people. I find it interesting that it appears that these foreshore leases were granted with very little, if any, public discussions.

Tanis Layzell : Please do not ruin the last pristine beaches with docks that will be an eyesore and boats will bring noise, oil slicks, fumes, and holding tanks with no seals or close by pump out station. I swim far out in these secluded beautiful beaches and want my grandson to be able to enjoy the same years from now.

~~Earl Jenkins : Pro-development but against the docks.~~

~~Hinda Avery : In the public interest, please stop the construction of the docks on Bowen Island.~~

~~John Allan Davies : Sheer horror. Is nothing sacred.~~

~~Neil H. Talbot : As a visitor to Bowen Island I cherish its rugged pristine landscape in the grand setting of Howe Sound, and deplore the construction of industrial-scale docks there.~~

~~Katharine Steig : All of Cape Roger Curtis should have been protected decades ago. Its waterfront should at least be protected to the greatest degree possible.~~

Gordon Reid : Cape Roger Curtis was the last unsubdivided piece of property of this size, with this length of coastline, on the east side of Georgia Strait from the U. S. border to Lund. It was unfortunate that a large section of it couldn’t be saved for park. Now that it has been subdivided and

~~Stop The Docks at Cape Roger Curtis www.stopthedocks.ca 6~~

~~Page 127 of 224 Submission to Public Hearing: Bylaw No. 381, 2015 Thursday, May 14, 2015~~

will be developed – the very least we can do is to keep the publicly owned foreshore clear of docks and maintained in a pristine and natural condition as is the policy in other high valued and more progressive communities.

~~Sue Hetherington: I think that these docks are going to spoil an extremely beautiful coastline that has no match on our island.~~

Sarah Bennett Fox : This is a very special piece of coastline. Let’s not wreck it with long docks. It would be amazing if Edwin Lee and Don Ho voluntarily choose to keep this coastline as it is now. They will be heroes of the community! Thank you Edwin Lee and Don Ho for thinking carefully about this.

~~Georgina Farah : This particular coastline is very unique and must be preserved. The docks are enormous and completely out of proportion for such a sensitive habitat.~~

~~Jim Taylor : No no no. We are not a cruise ship destination, for heavens sake.~~

Richard Helm: These docks are massive – totally out of scale of other private docks built on Bowen over the years. These approvals by all levels of government do not reflect the public interest in this unique landscape – the Northern entrance way to Vancouver Harbour. This is a very rugged coastline of tidal pools and heavy seas – not appropriate for private docks.

Tony Bosely : If only 4 rich guys can make a decision that will forever mar the landscape, without any requirement for approval from the Bowen Island community itself, then something is terribly wrong with our system. That alone is reason enough to halt this project immediately.

~~Rob Knight : Can we appeal the BC foreshore lease to he BC Environmental Appeal Board? (A: we are looking into that)~~

~~Lisa James : Surely the docks can’t be necessary… their length and location are very questionable.~~

~~Peter Kearney : Perhaps one communal dock for the Cape would be a workable compromise?~~

~~Jan Srivastava: Surely it is not necessary to build so many, and so large docks. I wonder why people who want to sell the beauty of this location would begin by changing it so drastically????~~

Carolyn Peters : I visit this area once per week and am surprised that the plans for the docks (I can see the footings being installed in the beach) cut each beach literally in half and will definitely restrict

~~Stop The Docks at Cape Roger Curtis www.stopthedocks.ca 7~~

~~Page 128 of 224 Submission to Public Hearing: Bylaw No. 381, 2015 Thursday, May 14, 2015~~

us visiting the tide pools and rock areas. We feel personally offended by the “private” signs everywhere as we have paid taxes on this Island for 14 years. The shore line and beaches as far as I know, are supposed to be for all to enjoy. Why doesn’t the municipality pick one dock area and make it private on one side and public on the other. Do not allow any other docks to be built. Also install a free boat launch for all of us as Bowen is lacking this. If one dock were build it would serve all of Bowen and leave the rest of the shore line undisturbed. Please also remove the “Private”signs right away. Also when the trees that were planted along the path grow larger it will stop the view in some areas. Please remove these trees as well. I also noticed that there are 2 dead baby deer on the shorline bluff. I realize that every year this happens due to the cold, but this winter was not cold. Did the mother abandon their babies due to all the construction?

~~Ryland James : Amazingly beautiful spot with a great community.~~

~~Elizabeth Storry : Strongly object to construction of private docks on the shoreline at Cape Roger Curtis, Bowen Island.~~

~~Judy Taylor : we are a very small, rural island~~

~~David Demner : It’s unbelievable that this would be allowed. We need to stop it.~~

Mike Adams : I grew up around Roger Curtis in Tunstall bay. As a kid we would venture out onto teh beaches and explore the tidal pools and the light house. The dock project will undoubtedly spoil this opportunity for others to enjoy. By creating this exclusive enclave we are limiting access and the enjoyment of the environment for others. These structures will create an eyesore on a beautiful coastline. Stop the docks!

~~Greg Pollard : Good Luck… The government has left us “hanging” !~~

Samantha Knowles : How can we have a connection or relationship to our natural world and environment if we are constantly trying to change, dominate or manipulate it. Some areas need to stay wild and free… this is definitely one of them.

Issac Fox : I’ve grown up visiting my grandparents on Bowen Island. I’d like, for their sake and for the sake of all the islanders, to keep Bowen as peaceful as it has always been. It would be a shame to ruin the tranquility of the island and I vehemently oppose the construction of docks that will endanger coastal habitats.

~~Stop The Docks at Cape Roger Curtis www.stopthedocks.ca 8~~

~~Page 129 of 224 Submission to Public Hearing: Bylaw No. 381, 2015 Thursday, May 14, 2015~~

Jane Kokolakis : I spent my summers on Bowen Island and my sister lives there permanently.Roger Curtis is one of the most beautiful place to walk,picnic,and camp. It would be terrible to destroy that beauty.

~~Jeremy Bally : I grew up here. I camped here. I love this place. This is not an appropriate way to use this space, nor is any way aside from leaving it in its pristine natural state. Leave it alone.~~

~~Stewart Marshall : As a relatively new Bowen Islander I find (about 2 years) the Cape Roger Curtis story astounding. Astounding and appalling.~~

Jess Marshall : This is a totally unnecessary development, which will only serve to benefit the owners in selling the lots in a suppressed market. We are beginning to think council want Bowen Island to become just another generic suburb of Vancouver – think Port Moody. Housing developments with trees, and little else to sustain the soul. The poor folks on Whitesails, who have to endure all the trucks ruining what was once a peaceful street. We’re fearful for Bowen’s future, this development will only benefit the owners of CRC and their clients and do severe damage to the environment. Sad times for Bowen.

~~Andrea Klann : Stop the docks AND the clearcutting NOW!!!~~

~~Jean Stewart : Stop the huge docks at Cape Roger Curtis. Bowen Island should be preserved for the peoples’ enjoyment, not for commercial use.~~

~~Beverly Thomson : I fully agree that public areas need to be protected for the public good. It’s a principle BCers share.~~

~~Kim DeSante : don’t spoil a beautiful place~~

Chris Oben : Edwin Lee and Don Ho, Please help preserve the natural state of the marine environment at Cape Roger Curtis by stopping construction of private docks on public waterfront immediately. Sincerely, Chris Oben

Val Geddes : The planned docks are for the benefit of a few individual families, to the marked detriment of the beauty and biology of this magnificent area. Council should act immediately to halt work on the docks. It should then reassess its position and find a solution. In my opinion, Council inaction so far in preventing this degradation of the shoreline is deplorable. Stop The Docks at Cape Roger Curtis www.stopthedocks.ca 9

~~Page 130 of 224 Submission to Public Hearing: Bylaw No. 381, 2015 Thursday, May 14, 2015~~

Anonymous : Me and my family LOVE this area. My grandparents live here and love it and now my three year old, Maxwell has fallen in love with it. This property will be in our family for generations. Please don’t build a dock here!!!

~~Adam Morton : the docks are so unpopular they will make it hard for people buying properties in CRC to have friendly relations with others on the island.~~

June Banwell: Have led many hikes for the North Shore Hikers on Bowen Island along the coast to the lighthouse area. It is so beautiful – it would be a travesty to even think of docks being placed there. It was bad enough to have a concrete road put there. Please leave this area as it is now, so that we may still enjoy its natural beauty.

~~Court Brousson : too large, too many~~

Claire Stewart : As someone who has enjoyed hiking around the shores of Roger Curtis for more than 20 years, I am horrified to think that this piece of Bowen could all become private and off limits to the public. And, the whole thing was done in such a sneaky and sleazy manner. I rather thought, judging by the size of the project, that BCF was opening a west side terminal. It’s appalling.

~~Brent Ehrl : Cape Roger Curtis Waterfront should be left in it’s natural state!~~

Wynn Nielsen : These giant docks, if they go ahead, will set an unwelcome precedent for CRC and for the island. They compromise a vulnerable marine “nursery” for Howe Sound, they will obliterate the Natural Beauty of the small bays and area, make it difficult, if not impossible, for the public to access and enjoy the public beaches. If even more property owners want private moorage over time the proliferation of docks in that small point of land will likely create, in practical terms, a large private marina. Not the vision and certainly not the promise given by the developers to respect the unique and sensitive environment and islanders feelings and long standing relationship with the Cape.

~~Philip Carlington : The title of the petition says it all for me!~~

Richard Wiefelspuett : “Stop the docks” makes sense, i.e. common sense! Why should the common interest of the greater public be sacrificed over the interest of four private owners? Why should irreplaceable and unique nature be allowed to be destroyed? Which council would be blunt and mad enough to disenchant the population it was elected to represent and support the interests of four

~~Stop The Docks at Cape Roger Curtis www.stopthedocks.ca 10~~

~~Page 131 of 224 Submission to Public Hearing: Bylaw No. 381, 2015 Thursday, May 14, 2015~~

private investors instead? Which council would sit back and do nothing but to declare the case closed? This has “Conflict of Interest” written all over it and deserves the toughest of public scrutiny!

~~Jason White : This should not be allowed. Lets show some leadership and foresight, not greediness and mismanagement.~~

~~Amanda Ockeloen : Don’t ruin our shared beautiful coastline!~~

Betty Morton : I think that both the docks and the hedgerow are infringements on the intention of agreements made for public amenities at Cape Roger Curtis. These amenities were to protect the ecosystem and aesthetic beauty of the Cape as well as to provide public access. The structures and plantings need to be removed.

~~Anon : We are rural for heaven’s sakes Let’s consider just how fortunate we are. Please do not spoil our wonderful little island.~~

~~Sue Barr : I would like to have our current Municipal government looked into by a governing body as I have lost all confidence in its competency.~~

~~Andrew Delong : This is beautiful land which has incredible untouched views and lands. Keep it for our future generations to enjoy.~~

~~Kami Kanetsuka : Cape Roger Curtis is for everyone and although much of it has been developed, it is still necessary to at least save the shoreline for the benefit of all.~~

~~Lily Whitehead-Delong : I grew up on Bowen and always enjoyed walking along the beautiful shoreline of Cape Roger Curtis. I would like my future children to be able to experience the same.~~

~~Eric Davies: Bowen Island’s current pro-development-at-any-cost Municipal Council must be stopped.~~

~~Gillian Darling Kovanic : When the Lees and the Hos recognize the natural beauty and ecological values of Cape Roger Curtis on Bowen Island this will truly be a day to celebrate.~~

~~Sheila Roote aka Haggerstone : As a former Bowen Islander and frequent visitor I oppose these dock for several reasons: desecration of sensitive intertidal zone; visually disruptive to a beautiful~~

~~Stop The Docks at Cape Roger Curtis www.stopthedocks.ca 11~~

~~Page 132 of 224 Submission to Public Hearing: Bylaw No. 381, 2015 Thursday, May 14, 2015~~

landscape; incredibly impractical. This shoreline is subject to the full force of storms throughout the whole year. How on earth will these docks survive a storm of the magnitude that destroyed the forests of Stanley Park a few years ago? Bowen has wonderful protected docks in Snug Cove available for everyone, please use them.

Sarah Haggerstone : As a Bowener from childhood until the end of university I know how special this place is, and I know how the presence of docks (and the associated boats, chemicals and traffic) can change the character of a place forever.

Elizabeth Milward : I have family on Bowen and have visited the Cape a number of times. It is a beautiful spot, with somewhat different ecology from the rest of Bowen Island. I think it is worth preserving.

~~Norma McCarthy : Please, Bowen Council, at least TRY to turn this around. You may think it’s too late now, but maybe it’s not. Please, put aside the past and just try.~~

~~Carol Cram : Please don’t let a few destroy what the many so enjoy.~~

~~David Van Berckel : The Mayor and Council should be held responsible for dereliction of duty, for not expressing their professed opposition to the construction of the docks the the province of BC.~~

~~Malcolm Pitches : Keep our waterfront in its natural state strongly object to docks being built.~~

~~Doug Fleetham : These are docks that were being constructed prior to municipal review. The land has been a public beach and is being conscripted fro private use. The construction needs to stop.~~

~~Jayeson Hendyrsan : Seems like some kind of fishy happenings have been going on…… has there been proper due process?~~

~~Dennis Vetter : Please keep this iconic place in it’s pristine condition … it is simply a travesty to defile it with docks.~~

~~Irmi Hoppenrath : Yes, keep the waterfront in its natural state!~~

~~James West : Let’s have a referendum on encumbering public beach access with incompatible private marine facilities!!~~

~~Neil Dawe : We are totally against the docks at Cape Roger Curtis.~~

~~Stop The Docks at Cape Roger Curtis www.stopthedocks.ca 12~~

~~Page 133 of 224 Submission to Public Hearing: Bylaw No. 381, 2015 Thursday, May 14, 2015~~

David Thomson : I sailed past Cape Roger Curtis last weekend, along with many other boats, and had an opportunity to imagine what this large infrastructure would look like. Visualizing four large docks sticking out up to 300 feet from shore was a deeply disturbing experience. It is one thing for a private land owner to build on their land – it is entirely another, and completely unacceptable, to take a highly visible and valuable public asset – the foreshore and the coastline – and destroy it for all future generations. What is even more troubling is the relative value of these docks. Anyone who knows this area knows it is buffeted by large winds and waves much of the time and will make using the dock a risky and unlikely proposition. If these docks are built they will be unusable much of the year but will be an awful visual blight, not to mention an ecological one, every day from now on. This inane project must not be allowed to proceed.

~~John C Poole : What is good for West Van – no shoreline docks – should be good for Bowen in its pristine environment.~~

~~Robert Semeniuk : Such ignorance Such mindlessness Such insensitivity Such narrow perspectives These are Bowen Island Taliban~~

Chris Oben : This area is pristine waterfront that attracts both people and wildlife supporting and enhancing the quality of our lives. There are many other established options for docking vessels in Bowen Island waters. Cape Roger Curtis does not require additional infrastructure to accommodate personal vessels.

Mary Selman : Please do NOT pass the bylaw regarding the docks. Rather send it back to the municipal planners to add protection for public beaches and ensure that they are there in their natural beauty for the great majority of Bowen Islanders who do not have waterfront property.

Sandra Campden: I strongly opposed the building of any docks on this coastline and feel there should be a moratorium on docks along this coast. We must preserve undeveloped coastlines for future generations to enjoy not just one or two weathly property owners, please think wisely and stop development of these docks!

~~Stop The Docks at Cape Roger Curtis www.stopthedocks.ca 13~~

~~Page 134 of 224 Submission to Public Hearing: Bylaw No. 381, 2015 Thursday, May 14, 2015~~

Jack Little: I strongly support the following statement: The Dock Bylaws must be re-worked to Stop Private Docks at Cape Roger Curtis. Protect the public beaches and trails and keep the Cape in its natural state!

~~November 08, 2013~~

~~Mayor & Council members, Bowen Island Municipality, Bowen Island, B.C.~~

~~Subject: proposed Docks Bylaw for Bowen Island.~~

The proposed Dock Bylaw for Bowen Island must be re-worked to stop private docks at Cape Roger Curtis, plus provide adequate protection for our public beaches/access, sensitive marine habitat & shoreline trails. The CRC shoreline/foreshore must be protected & kept in its natural state for the greater good of the B.I. community now & for future generations.

The proposed Dock Bylaw does not provide an adequate buffer between public beaches & private docks/dock access. The size of allowable docks proposed is excessive. I urge Council to amend the proposed bylaw to include STRICT limitations on dock size, location, their impact & proximity to public beaches, plus sensitive & important marine life ecosystems.

Over 1350 people have voiced their concern to Council in a public petition asking Council to do the right thing, to protect our public beaches/shoreline & stop the CRC docks. This petition represents a large part of our community, that wants adequate protection for our public beaches/shoreline from docks that are oversized & inappropriate to be placed in our prized natural state of shoreline/beaches.

I urge Council to do the right thing & implement the most stringent dock bylaw controls to forever protect our irreplaceable, beautiful shoreline/beaches/viewscapes from the eyesore of private docks at CRC & other equally valuable shoreline areas on Bowen Island.

~~B. Lindsey, Bowen Island, B.C.~~

~~Stop The Docks at Cape Roger Curtis www.stopthedocks.ca 14~~

~~Page 135 of 224 Submission to Public Hearing: Bylaw No. 381, 2015 Thursday, May 14, 2015~~

~~I cannot be at the meeting on Tuesday evening, but want to clearly state that I am entirely opposed to the private docks at Cape Roger Curtis.~~

I fully understand from the Mayor’s statements about it being fine that there were more docks than people in the Swedish islands where he was sailing earlier in the summer, that these words are falling on deaf ears as far as he is concerned.

However, I truly hope the rest of the council will listen. There are reasons why some areas are more heavily protected than others. In the words of the developer this area is “pristine, untouched and wild”. So little remains on our island and we have a chance to save this. This is a legacy you would be leaving for many generations. Cape Roger Curtis is iconic, stunningly beautiful, and full of wildife and should be left for future generations to enjoy.

I have no grievance against the houses. They are on private land and as such the owners have the right to do what they want within Island regulations. However, the docks cross public beach and waterfront. They are our concern. It also does not matter to me whether there was more or less density. It is private land and the owners have the right to make that decision too.

~~However:~~

1. The current dock is dangerous. People are walking down it daily as it has no gated access and only one very tiny “private” sign, not very visible. It has no gate on the far end either. If a couple of drunken teens, an elderly person, a child or anyone who can’t swim falls off the end, they are out of luck and will, in all likelihood, drown. They will fall from a height of six to twelve feet and will have no way to climb back up in an area of strong tides and powerful waves. This is just the first problem

2. If you inspect the dock, the deck is made of untreated lumber and the welds are very poor – even an untrained eye can see that. It was erected so quickly to get in before the opposition started. In one season, this dock will start to look shabby, and not long after that it will start to become structurally unsound. It is a liability.

3. Lastly. It encroaches so substantially across the view and is a total eyesore. The future proposed docks, even more so. I have hiked the trails to Cape Roger Curtiss for over 25 years, and still go there once or twice a week. I am so frustrated and angry that this area would be just thrown away. It is special . In more densely more populated areas we acknowledge that more “conveniences” such

~~Stop The Docks at Cape Roger Curtis www.stopthedocks.ca 15~~

~~Page 136 of 224 Submission to Public Hearing: Bylaw No. 381, 2015 Thursday, May 14, 2015~~

~~as docks, shops, roads, bus services etc. will be part of the landscape, but in more remote areas we need to preserve the balance and leave some things untouched. It should be treated differently.~~

~~Please revisit this bylaw to protect the Cape shoreline from such a blatant show of power and greed on the part of a few powerful individuals.~~

~~Julia Courtenay Long term island resident (28 years) Bowen Island~~

~~Dear Council,~~

I am writing to express my deepest concern on the proposed dock development at Cape Roger Curtis as well as the unseemly conduct of the mayor when a concerned citizen tried to raise legitimate concerns about the dock development. We are new residents to the island and I was shocked and dismayed at the Mayor’s rude and dismissive behavior at the council meeting last month. We have moved here to raise a young family and found that type of behavior unacceptable in a modern democracy. It was behavior that was both embarrassing and disappointing. Mayors should be members of the public that children and the community can look up to for exemplary good conduct and I am afraid I will not be voting for that type of public behavior.

We have moved to the island so that our children can enjoy and learn from the beautiful natural environment of the island. We will never be able to afford a million dollar property on the island but what we will be able to enjoy and savor is the access to the water’s edge, combing the beaches for “mermaid treasure”, re-homing stranded star fish, enjoying humpback whales playing on Thanksgiving, climbing over driftwood, being engulfed by fog early in the morning and simply enjoying being a family together out in nature.

We are against large private docks that only service a few individuals and spoil an area for many. We are against large docks that potentially endanger and harm the undersea environment. We are against large unsightly docks that ruin the natural beauty of the shore line. We are completely in favor of legislation that protects and strengthens protection of public beaches and access to public beaches/foreshore. We are against rude and boorish behavior by an elected mayor and a council that seemed in whole completely oblivious/unmoved by the Mayor’s rude and bullying behavior.

~~Stop The Docks at Cape Roger Curtis www.stopthedocks.ca 16~~

~~Page 137 of 224 Submission to Public Hearing: Bylaw No. 381, 2015 Thursday, May 14, 2015~~

~~Sincerely,~~

~~Melanie Surtees Mason Bowen Island~~

To: Bowen Mayor and Council The Dock Bylaw must be re-worked to stop private docks at Cape Roger Curtis. Please listen to the voices of the people who elected you…it is your duty to protect our public beaches and trails, not only for those now living, but for all those generations yet to come. Please listen, please act, please do the right thing and keep the Cape in its natural state!

~~Carol MacKinnon Bowen Island~~

~~My husband and I are distressed about the abuses to the CRC coastline that are taking place.~~

~~We urge the council to implement the most stringent controls to maintain the quality of this most irreplaceable and spectacular area.~~

~~Regards,~~

~~Ron and Lea Ann Rochon Bowen Island~~

~~Hello Bowen Island Mayor and Councillors;~~

As a member of SKABC (Sea Kayak Association of British Columbia), I have concerns about dock bylaws…mostly that they are not regulated enough to protect the marine habitat that we so enjoy as British Columbians.

~~Please do not balk at talking the dock talk, and walking the walk (in lock step), that you are elected to do regarding this important subject. Better yet, hop in a kayak and have a gawk y’rselves!~~

~~Stop The Docks at Cape Roger Curtis www.stopthedocks.ca 17~~

~~Page 138 of 224 Submission to Public Hearing: Bylaw No. 381, 2015 Thursday, May 14, 2015~~

~~Sincerely, Joan Boxall~~

~~November 7, 2013 Dear Mayor and Council Re Proposed Docks Bylaws~~

~~I have been closely watching the docks issue since last year. It has been very painful for islanders in general, especially for members of Council, and certainly for myself and those close to me.~~

I’ve witnessed the ongoing story of missed opportunities and vague government intent that has led to the construction of a giant eyesore at Cape Roger, and the imminent construction of another one to placed right in front of two public beaches. I have heard agreement from councilors – some very sincere and some not so – that seemed to point in a direction of protecting our shared heritage, and so was very surprised and disappointed in the results we see with the bylaw on the table.

My hope going in to this lengthy and frustrating process was that government would hear and understand the issue clearly, and weigh in to help the community protect its resources. Indeed some provisions are helpful, such as preventing breakwaters and the damage they and their attachments would likely bring. But I also see that nothing has been done to prevent further docks at the Cape, nothing will protect viewscapes on beaches in general. Nothing will prevent giant docks, the likes of which have only three or so precedents on the island and none in so controversial a location.

In fact, as far as I can tell, putting in the bylaw may make matters worse – places like Bowen Bay – where there was a general understanding that it would be un-neighborly to build a dock over the beach – would be fair game if minimal standards were obeyed.

Ideas that councilors put genuine effort into, such as identifying beaches that should remain dock- free for the enjoyment of all, disappeared in a cloud of smoke. I don’t know why those good councilors’ ideas were shot down.

There may be details I don’t understand, limitations to the power council has in this situation, or a climate of derision that prevents decisive action – if so that should be clearly and publicly communicated. But I am also aware that jurisdiction and legal arguments have been provided from reputable sources that show we can indeed decide as a community – if council is engaged with our community – about how our shorelines should look.

~~Stop The Docks at Cape Roger Curtis www.stopthedocks.ca 18~~

~~Page 139 of 224 Submission to Public Hearing: Bylaw No. 381, 2015 Thursday, May 14, 2015~~

~~Please, please take another look at this legislation and take to heart our concerns with appropriate action. This is the opportunity to show that public consultation is not dead on Bowen Island.~~

~~Sincerely,~~

~~John Dowler Bowen Island, BC~~

~~Dear Councillors,~~

As a long time islander now living in Vancouver I have been constantly disappointed with the direction of Cape Roger Curtis for a number of years. I spoke at one of the early hearings with the developers and would like to see Municipal Council protect the access to public beaches and prevent development in sensitive marine habitat, as well as prevent the foolish development of boathouses or similar structures in areas exposed to strong winds, waves and currents such as Cape Roger Curtis. I believe the currently proposed bylaw regarding private docks lacks adequate protection of sensitive marine ecosystems and habitat and does not adequately protect public access to public beaches either by recognizing public use areas such as Cape Roger Curtis, or by setting a reasonable buffer between public beaches and docks/dock access. The size of allowable docks is excessive and I ask you to consider amending the proposed bylaw to include limitations on dock size and their impact and proximity to public beaches and sensitive or important marine ecosystems.

Being part of a family that owns a cabin with a float I can speak from personal experience regarding how monstrously oversized 60 meter docks are (my grandparents owned a yacht and could easily moor at our 30 foot float), and how private docks impact usage of a public beach when located on or immediately adjacent to the beach or access. The presence of a private dock/pier/path adjacent to public beaches/access paths creates the perception amongst members of the public that they are intruding on the landowners, effectively decreasing the usable shoreline. There can also be conflicts between landowners and beachgoers regarding the public space below the high tide line, and the inevitable disagreement as to the ‘personal space bubble’ that should be respected around the docks. As seen in Deep Bay and Tunstall Bay private floats are often used by members of the public who do not realize that docks on a public beach are in fact private, resulting in disgruntled landowners and sometimes public and unpleasant confrontations or festering ‘us vs them’ mentalities. I am also concerned that public beaches, and swimmers, waders, or paddlers, will be

~~Stop The Docks at Cape Roger Curtis www.stopthedocks.ca 19~~

~~Page 140 of 224 Submission to Public Hearing: Bylaw No. 381, 2015 Thursday, May 14, 2015~~

~~intimidated or harmed by the movement of the vessels moored at proposed docks located close to public access points to the shoreline or beaches.~~

Ultimately we can look at many places on the island, within the province, and beyond where docks and access to the shoreline create conflict and negatively impact our sensitive marine areas. Please consider amending your docks bylaw in such a way that we can create as pleasant a shoreline as possible; the foreshore and land below the high tide line are not private lands and so to allow docks and other shoreline structures to effectively claim ownership of that space seems short-sighted and against the public interest.

~~Thank-you for taking the time to consider my input,~~

~~Sarah Haggerstone~~

~~To the Mayor and Councilors~~

~~November 5, 2013~~

~~Dear Bowen Island Council,~~

~~“The Docks Versus The Natural Environment”~~

This was a comment I made originally at the regular council meeting held on September 9, 2013 and it was with regard to, specifically, negative environmental impact on the marine environment at Cape Roger Curtis. I have revised now to include my extreme concern regarding the proposed Bylaw Amendment No. 335, 2013, to be brought forth at the Public Hearing on November 12, 2013. This amendment, as it reads in draft form, will not protect any beaches on Bowen Island!

WG1 zoning criteria for a dock states, “Moorage shall be located such that it will not limit use of, or physically divide a beach, or negatively impact eelgrass meadows, kelp beds, clam beds or mussel beds.” I don’t believe this is an ambiguous bylaw at all. And, for CRC I would add that it should be tweaked to also include, “Or never negatively affect magical tide pools, or interfere, in any way, with the return of the whales and dolphins to the Howe Sound Area.”

The Future of Howe Sound Society will surely eventually bring to light how sounds carried by drilling, hammering, electrically driven bolting, chain scraping, etcetera, all intensified by multiple dock

~~Stop The Docks at Cape Roger Curtis www.stopthedocks.ca 20~~

~~Page 141 of 224 Submission to Public Hearing: Bylaw No. 381, 2015 Thursday, May 14, 2015~~

constructions, and ensuing docking and maintaining activities will disturb such marine life. Additionally, all on-going sounds of concentrated boating activities will, without doubt acerbate damage to this “pristine environment” (as described in The Cape’s sales promotional material by the owner/developers), as will heavy chains scraping along the sea floor anchoring floating platforms destroy sea beds.

Therefore, please prevent any further docks from being erected, or any further divisions on iconic Cape Roger Curtis beaches from being established. The dock fronting Lot 13 is a GLARING example of a divided beach. If the dock fronting Lot 11 proceeds, it will intensify the devastation in progress, both in terms of the aesthetic interference and the health of the sea life and other marine life habitat. All will be ill affected – the birds, the fish and mammals, and us, the citizens of British Columbia.

I ask that you work to have Lot 11’s license to build that dock revoked now, and ensure the denial of the two pending applications as, really, there is nothing like the grandeur at Cape Roger Curtis anywhere else on Bowen! It is a uniquely exotic stretch of shoreline majestically enhanced by the open vista of the ocean and islands of the British Columbia coast. This is a place to be forever protected and unmarred by private docks.

Yet, this is not to lessen the importance of all of Bowen’s beaches. Please do not forsake this obligation to steward well the treasures that are our island shorelines, and amend with ironclad protection for these, our most important island assets.

~~Thank you.~~

~~Edna Thomson Bowen Island~~

~~8 November, 2013~~

~~Dear Mayor and Council,~~

It appears to me that under the new dock bylaw you are proposing that I could apply and get a permit to build a private pier and dock from my waterfront property right across Bowen Bay beach. I think you would agree that is not a good thing for me or anyone in the community to do on any of our public beaches – including those at Cape Roger Curtis.

~~Stop The Docks at Cape Roger Curtis www.stopthedocks.ca 21~~

~~Page 142 of 224 Submission to Public Hearing: Bylaw No. 381, 2015 Thursday, May 14, 2015~~

This bylaw does not provide adequate protection for public beaches nor does it stop large scale docks from being built on Bowen. It is worse than having no bylaw – it should not be passed in its current form.

~~I am away for the public hearing on the Bylaw and respectfully submit this letter in lieu of my attendance. Thank you.~~

~~Yours truly,~~

~~Susan Alexander Bowen Island~~

~~To: Mayor and Council~~

While I appreciate your efforts to grapple with the issue of foreshore protection, I don’t think much of your bylaw. It does not adequately protect Bowen’s beaches, nor does it prevent large scale docks from being built on Bowen. In fact, it facilitates the building of megadocks such as those erected and planned at Cape Roger Curtis. I have heard, including from some Councillors, the good suggestion of naming certain beaches that are highly prized by the community as “no-private-dock-zones”. I am disappointed that this idea was not built into the draft bylaw. The argument that such protection can be added at a later stage is meaningless when (a) this bylaw offers a template to upland owners to build large scale docks right now, and (b) I fear that Council possesses neither the time nor the will to follow through with a second step to add protection for Bowen’s beaches.

Please resist the artificial deadline imposed on you by the Province in connection with the pending dock applications at the Cape, and re-work the bylaw so that it genuinely enhances the enjoyment of Bowen’s foreshore by those of us (80% of lots on Bowen) not fortunate enough to enjoy waterfront. Adopting this permissive bylaw will be worse than having no bylaw.

~~Tamsin Miley Bowen Island~~

~~I am in full agreement with Tamsin Miley. Please work with us on this.~~

~~Stop The Docks at Cape Roger Curtis www.stopthedocks.ca 22~~

~~Page 143 of 224 Submission to Public Hearing: Bylaw No. 381, 2015 Thursday, May 14, 2015~~

~~Jacquie Mani Bowen Island~~

~~Dear Mayor and Councillors,~~

Please instead pass a docks bylaw that will protect our beaches. Specifically, I believe that individual beaches need to be named as dock-free zones. If your intention is really to protect our fragile environment, then immediate action is needed.

~~Respectfully, Marty Levenson~~

~~To Elected Members:~~

Please respect the beauty of our shore lines, especially our beaches. Do not destroy them for the special interests of a few. This elitist approach is shortsighted and fails to protect the beauty of Bowen for current and future generations.

~~Be responsible to the needs and wishes of the greater number.~~

~~Sincerely, Georgia Nicols Bowen Island~~

~~Mayor & Council,~~

I will be brief, as you know my position with respect to protection of public lands at Cape Roger Curtis. As Councillors Lucas and Morse will recall from our Council term, I know it is often challenging to coherently tackle a long list of issues in a single new bylaw amendment. (For instance, witness the challenges with the noise bylaw and environmental bylaws.) As public debate escalates, Council and staff can sometimes lose sight of the core objectives and complexity becomes the enemy of the good. In the case of the proposed dock bylaws, I fear such a failure is near at hand. The two-stage regulation process and prescriptive nature of the bylaws will both fail to

~~Stop The Docks at Cape Roger Curtis www.stopthedocks.ca 23~~

~~Page 144 of 224 Submission to Public Hearing: Bylaw No. 381, 2015 Thursday, May 14, 2015~~

~~address the core concerns and, more likely than not, will exacerbate the problems of the current private dock approval system.~~

The core objective, catalyzed by the unwanted construction of private docks at Cape Roger Curtis, is very clear – protect our public beaches and special shorelines. In that regard, the docks bylaw could simply state that “private docks must not impair the public use and enjoyment of any beach, foreshore, coastal trail or park.” The review and approval process for the Cape Roger Curtis docks has established that environmental protection is lacking at both the provincial and federal review and approval stage. Therefore, a second objective should be clearly defined, that “private docks must not harm sensitive foreshore or marine environment.”

Both of these objectives could be left in what regulators call ‘permissive form’ – that is, conditions to define words like ‘impair’ or ‘enjoyment’ or ‘harm’ are left to be determined by staff and Council, with considered public input and scientific expertise, as the case warrants. By taking a ‘prescriptive’ approach to dock regulation (e.g. defining appropriate lengths, setbacks, materials, etc.), Council is creating certainty for conditions under which any dock application must be approved. This will most assuredly harm our public beaches and precious shorelines. It will absolutely fail to protect our three municipal parks, coastal trail, and covenanted foreshore at Cape Roger Curtis.

The public has done its part – Council knows the public’s concerns, and it knows that over 1,350 resident and visitors especially care about conservation of the Cape Roger Curtis shoreline. In addition, the Stop the Docks campaign laid out clear legal options that are available to responsibly protect our shorelines. All attention turns to Council – the two primary objectives will not be achieved without substantial re-working of the dock bylaws. Generations to follow will celebrate your success, or mourn your failure.

~~Respectfully, Doug Hooper Bowen Island~~

~~Hello Councillors and Mayor,~~

I wish to express my profound disappointment in your handling of the Cape Roger Curtis Docks issue. The current bylaw governing dock construction at Cape Roger Curtis and elsewhere around the island is wholly inadequate and fails to provide even close to a sufficient level of ecological

~~Stop The Docks at Cape Roger Curtis www.stopthedocks.ca 24~~

~~Page 145 of 224 Submission to Public Hearing: Bylaw No. 381, 2015 Thursday, May 14, 2015~~

protections. The scale of the docks under construction at CRC is completely inconsistent with the protection of public lands and access that is the responsibility of this council as representatives of the public interest of all Bowen citizens.

~~You have an opportunity to protect the foreshore of Bowen Island from private structures that encumber public access to public lands.~~

~~Please halt construction immediately and open the development of the bylaw governing foreshore construction to a public consultative process.~~

~~James West Alan Trujillo Bowen Island~~

~~Hi everyone,~~

I like and understand the concept of a “Net Benefit” test; such as what Canada has in the Investment Canada Act. While this act obviously doesn’t apply, their explanation of a “Net Benefit” test is helpful to me. From http://www.ic.gc.ca/eic/site/ica-lic.nsf/eng/h_lk00007.html.

~~What does “net benefit” mean?~~

In determining whether an investment is of “net benefit”, the Minister will consider the following factors: a. the effect on the level of economic activity in Canada, on employment; on resource processing; on the utilization of parts and services produced in Canada and on exports from Canada; b. the degree and significance of participation by Canadians in the Canadian business or new Canadian business and in any industry or industries in Canada; c. the effect of the investment on productivity, industrial efficiency, technological development, product innovation and product variety in Canada; d. the effect of the investment on competition within any industry in Canada; e. the compatibility of the investment with national industrial, economic and cultural policies; and Stop The Docks at Cape Roger Curtis www.stopthedocks.ca 25

~~Page 146 of 224 Submission to Public Hearing: Bylaw No. 381, 2015 Thursday, May 14, 2015~~

~~f. the contribution of the investment to Canada’s ability to compete in world markets.~~

I have tried and cannot see the “Net Benefit” to Bowen Island of allowing private docks on our shoreline. Going through the above criteria: a. Economic activity could be reduced because fewer tourists will think our beaches beautiful and want to visit the island b. Residents with a private dock may be less inclined to participate within the community c. Doesn’t apply positively or negatively d. The competition is with two companies: English Bay Launch & BC Ferries; both could become less viable. e. Doesn’t really apply, except for point (b) f. Doesn’t apply positively or negatively

~~I cannot see the rationale for allowing private docks.~~

~~Regards,~~

~~David Demner Bowen Island~~

As elected officials, I respectfully remind you of your duty to act on behalf of the population that you serve. The docks bylaw has serious shortcomings and does not respect either the OCP or the wishes of the 1000+ people who signed the petition against the CRC docks.

~~Please leave a legacy on Bowen that your children, and their children, can be proud of. Please stop the personal feuds and keep Bowen beautiful.~~

~~Tom Carchrae Bowen Island~~

~~Stop The Docks at Cape Roger Curtis www.stopthedocks.ca 26~~

~~Page 147 of 224 Submission to Public Hearing: Bylaw No. 381, 2015 Thursday, May 14, 2015~~

Dear councillors and Mayor, just for a moment imagine Bowen island if every waterfront owner decided to go ahead and accept your invitation to build a dock in accordance with your new bylaw. Beaches and foreshores presently, and blessedly, clear of private docks would be bristling with them. You speak of private rights: what about public rights? It appears this proposed bylaw will strengthen in writing the private owners right to use and have personal enjoyment of the public foreshore, while weakening the inherent rights of the public to enjoy one of the island’s greatest assets, its uncluttered beaches and coastline, in their natural state.

As with CRC, dock owners can simply point to weak, ineffective, enabling government processes and boast that they have followed the letter of the law while ignoring the spirit of them. If a written bylaw is to replace or weaken council’s rigorous assessment of very specific context, consideration of public/neighborhood rights and and yes, sometimes arbitrary, discernment of “reasonableness” on a case by case basis — then this document needs to be a Rottweiler not a lapdog.

Now, do I think every waterfront owner is going to want to build such a dock? No. Or I certainly hope not. But this bylaw needs sufficient teeth to also protect the public interest and acknowledged inherent rights to use and enjoyment of Bowen’s coast. I would argue that private docks of the scale and locations you are allowing with this bylaw would dramatically diminish and interfere with that right for the many, for the benefit of a few. Vague statements that the document will improved at some later date will only provide time and incentive for those wishing to sidestep the public interest requirement.

I would also encourage a shift from private docks (attached to land) for each owner to, instead, using existing Marinas or a single dock for shared use of owners in the same vicinity. Given the impacts and cost of docks, that just makes sense to me.

As I cannot make it to the public meeting, this is my contribution to the discussion around this issue which is important to anyone to appreciates the natural coastal beauty of our island, and doesn’t want to have to use photoshop to get a decent photograph. Thank you for your time.

~~Wynn Nielsen Bowen Island~~

~~To the Mayor and Council,~~

~~Stop The Docks at Cape Roger Curtis www.stopthedocks.ca 27~~

~~Page 148 of 224 Submission to Public Hearing: Bylaw No. 381, 2015 Thursday, May 14, 2015~~

I am unable to attend the public hearing on Tuesday, Nov. 12 and therefore, I am writing to speak against the amendments to Bylaws 335 and 336. I do not feel that these bylaws will protect our beaches on Bowen Island. I am asking that you reconsider the wording and bring in stronger bylaws that will really protect our beaches so that they can be enjoyed by all. I believe that as Mayor and Council, you should do more to protect the natural assets of Bowen Island; our beautiful beaches are for everyone to enjoy. The proposed bylaw amendments would still allow developers and the owners of large lots on the waterfront at Cape Roger Curtis to build docks that will destroy the views and the natural beauty of the beaches. Please, have a second look, re-work bylaws 335 and 336 and show that you really want to protect our beaches.

~~Elizabeth Gautschi Bowen Island~~

~~Dear Mayor and Council.~~

~~While I appreciate the need for a bylaw for docks on Bowen, I am very concerned about the current draft bylaw.~~

The current Draft Bylaw does not provide an appropriate level of protection for the public foreshore of our Island. The wording in earlier drafts of this Bylaw that more fully addressed the public interest has either been removed or watered down, so that the draft currently under consideration does not properly take into account the interests of the approximately 80% of Island households that are not located on the waterfront or the interests in the important marine environment around BowenIsland.

~~The deficiencies in the current draft include:~~

~~The allowed 60M (almost 200 feet) length is too extreme and should be reduced considerably (any need for a dock of such length should be considered as a variance to the Bylaw default).~~

The original wording in an earlier version of the Draft Bylaw prevented any dock from dividing a public beach (and, therefore, effectively prevented a dock from being located on a beach): this has been removed and replaced with wording that only prevents a dock from impeding pedestrian access along a beach (so that a dock may now traverse a beach as long as people can make their way over or under it). Such wording does not properly provide for public enjoyment of a beach at all.

~~Stop The Docks at Cape Roger Curtis www.stopthedocks.ca 28~~

~~Page 149 of 224 Submission to Public Hearing: Bylaw No. 381, 2015 Thursday, May 14, 2015~~

•Environmental impact assessment is left in the hands of the party wishing to construct a dock: this party should not be in a position to hire their own environmental consultant to study the impact of a dock: they should be required to pay for one commissioned by the Municipality.

•The failure to define/recognize an inventory of public beaches (such an inventory is, in fact, currently available) essentially removes all protection for our beaches until such time as an inventory is defined by some other process, which could be months/years away.

~~Please consider my concerns and those of my fellow islanders before you pass a bylaw that will have such a negative effect on the well being of this island community.~~

~~Sincerely,~~

~~Pam Matthews Bowen Island~~

~~Please protect the beauty of our beaches by stopping the docks.~~

~~C. McTaggart~~

~~Dear Council and Mayor,~~

I urge you to amend the docks bylaw to include greater protections for Bowen’s shoreline. The size, number and placement of docks on our beaches affects sensitive marine habitat and the aesthetic value of public land for all Bowen residents and visitors. You must take the necessary measures to ensure that what is happening on the shores of Cape Roger Curtis – essentially the privatization of public land – is not allowed to continue there or elsewhere on Bowen. You are responsible for protecting more important community and natural interests than the visions of private land holders – especially with respect to impact on public lands. The proposed bylaw is insufficient, allowing for large docks in very close proximity to public access points, and with too few construction restrictions relative to habitat protection.

~~The process of crafting a truly useful dock bylaw will take more time, and shouldn’t be rushed. As this process is underway, please ensure that no new docks are approved until the bylaw is in place.~~

~~Stop The Docks at Cape Roger Curtis www.stopthedocks.ca 29~~

~~Page 150 of 224 Submission to Public Hearing: Bylaw No. 381, 2015 Thursday, May 14, 2015~~

~~Respectfully,~~

~~Deborah Thomson Tunstall Bay Bowen Island~~

~~Dear Mayor Adelaar and Councillors:~~

~~Re: Proposed Amendments Nos. 335 & 336 to the Land Use and Building Bylaws~~

~~I am pleased that this work is being undertaken but concerned that the proposed amendments regarding docks are too permissive and not comprehensive enough. They need to include:~~

~~1. greater protection of public interest in public beaches – beaches are the essence of island life and should be for everyone’s enjoyment;~~

2. greater protection of the environment – other creatures need to live here too. As a result of many years of effort to bring Howe Sound back to life, various creatures are returning and we must be mindful of their needs.

3. greater protection of the viewscape not only for all islanders and visitors but also for those who have coastal lots without docks who do not want a neighbour’s giant dock ruining their view or reducing their real estate value;

~~4. a much shorter maximum length of dock;~~

~~5. a list of specific stretches of shoreline that are unsuitable for docks;~~

6. a statement that an applications for a docks will only be entertained after a house has been built on the property – this prevents a developer from installing docks to increase real restate value.

7. a statement banning the use of Styrofoam, or similar, in the construction of docks – this eventually breaks down and escapes to the open sea or washes up on beaches. [Thank you for including a statement banning creosote.]

~~Stop The Docks at Cape Roger Curtis www.stopthedocks.ca 30~~

~~Page 151 of 224 Submission to Public Hearing: Bylaw No. 381, 2015 Thursday, May 14, 2015~~

All protections need to be included now and not at some future (perhaps mythical?) date. If this takes a little longer, so be it; the Province will have to wait. We need this bylaw to be sophisticated and sensitive, so that it doesn’t need revisiting, except perhaps for minor tweaking.

~~Yours sincerely, Pamela R. Dicer Bowen Island~~

~~Dear Mayor and Council,~~

~~Please do the right thing. The beaches on Bowen should be for the enjoyment of everyone. The bylaw under consideration does not do not do enough to protect our beaches.~~

It’s time to go back to the drawing board and address the following: the current length stated in the bylaw – 60 metres – is too long; the bylaw must not be passed until the inventory of beaches has been considered, and protected areas designated; and dock builders should pay for an environmental assessment commissioned by the municipality.

~~Thank you.~~

~~Pauline Le Bel Bowen Island~~

~~To Mayor and Council of Bowen Island~~

~~Thank you for your efforts to draft a by-law governing docks on Bowen Island. Please do not pass the draft by-law as presently written for the following reasons.~~

*The allowed size of the docks (60 meters) is way too long and should be reduced to something less than 100 feet and anything longer should be dealt with as a variance.

*No dock should be allowed to cross a beach

~~Stop The Docks at Cape Roger Curtis www.stopthedocks.ca 31~~

~~Page 152 of 224 Submission to Public Hearing: Bylaw No. 381, 2015 Thursday, May 14, 2015~~

*Environmental impact assessment must not be left to the person wishing to build the dock but should be done by a competent consultant hired by BIM and payed for by the person wishing to build the dock.

*Public beaches and covenanted waterfront as well as particularly high value non-beach waterfront need to be identified in the by-law and declared to be free of docks.

~~Paul Fast Bowen Island~~

~~Hello~~

~~We are writing to add our voices to the discussion to be held November 12 re the proposed docks bylaw.~~

~~We strongly ask you to go back to the drawing board and draft something that stops the construction of private docks across public beaches on Bowen.~~

~~Specifically we ask you to protect the coastline from the Roger Curtis lighthouse around to Tunstall Bay, as this stretch is particularly spectacular and dear to the hearts of Bowen residents.~~

~~We believe that you have every right and authority, including the moral authority to stop the construction of the private docks.~~

Along with the Bowen Islanders represented by the one thousand plus signatures on the Stop The Docks petition, we respectfully ask you to listen to your community and protect our coastline and public spaces.

~~Thank you for your consideration,~~

~~Ellen and Rory MacIntosh Bowen Island~~

~~To Bowen Island Mayor & Council~~

~~Stop The Docks at Cape Roger Curtis www.stopthedocks.ca 32~~

~~Page 153 of 224 Submission to Public Hearing: Bylaw No. 381, 2015 Thursday, May 14, 2015~~

The proposed dock bylaws are near useless in helping to limit and control private docks across Bowen Island’s public beaches. They are more an invitation to build them. Please increase and improve these bylaws to give Bowen’s beaches some protection. Surveys of public opinion on the Island prove this is what the public here wants to see from their elected officials.

~~Thank you, Dee MacCarthy Bowen Island~~

One of the widely accepted insights of the 21 century is that while we are living in a world of great diversity we are also interconnected. Everything we do has impact, above and beyond the intended outcome and the short-term reality of strategic plans. This holds true for all disciplines and is of particular concern when we start meddling with things we do not fully understand.

With more specific reference to the docks at Cape Roger Curtis: When we permit the construction of the planned dock at lot #11 of the Cape on Bowen we will permit the destruction of the eelgrass beds in front of Pebble Beach. Eelgrass is simply not equipped to deal with the destructive impact of spud barges, pilings, anchors and anchor chains. The destruction of these eelgrass beds will upset the existing natural balance and will have a consequence not only for this location. No one knows with authority just how much of the coastline and regions beyond Bowen Island will be impacted by this change. Once we acknowledge this fact and our inability to predict reliably what will happen next we will conclude that any productive discussion on the protection of the complex ocean environment requires a diverse and multidisciplinary approach. It is neither helpful nor constructive to inform this discussion with subjective experiences and casual observations on the surface of things.

~~The issue is about accepting responsibility and accountability for our related decisions and the consequences these will have for Bowen Island and Howe Sound.~~

The argument that these docks and chains will improve the biodiversity is contrived and does not warrant any further discussion. In fact, the only tangible argument for the docks that has been brought forward has been the principled defense of the right of private property owners. And while it is debatable if such an argument will be supported in the limited confines and narrow interpretations of the local laws it is clear that the significance of the perceived rights of private property owners is quickly dwarfed when pitched against the public interest in defending the value of the public good of Cape Roger Curtis and other public beaches on Bowen Island.

~~Stop The Docks at Cape Roger Curtis www.stopthedocks.ca 33~~

~~Page 154 of 224 Submission to Public Hearing: Bylaw No. 381, 2015 Thursday, May 14, 2015~~

At this Public Hearing of the dock bylaw people of Bowen Island have an important opportunity to decide the future of Cape Roger Curtis and Bowen Island’s unique coastline and to challenge their elected representatives to fully engage in the process.

The dock bylaw determines the future of the Bowen Island shoreline and the integrity of the environmental balance. There are two ways to go at such a significant crossroads in the young history of Bowen Island Municipality: There is the familiar way, which sort of complies with the prevailing mainstream thinking based in convenient ignorance and safety in the status quo, and then there is a more forward looking way that requires thorough research and full consideration of all aspects brought forward by an intelligent, informed and sensitive public. Only this latter approach will ensure that this bylaw will be an improvement and a first step in the right direction.

It is disappointing that the current Council has demonstrated little interest in the public comments presented so far and has shown virtually no inclination for the research required to formulate a well- informed and responsible bylaw. A walk on the beach and a reference to the Swedish archipelago simply don’t cut it. Further, there is no evidence of any meaningful consultation with other communities in the region that have come to approve more forward thinking and protective regulations when it comes to private docks on their shores. Without a full-hearted engagement of our Council it is no surprise that the proposed draft of Bowen Island’s dock bylaw is nothing more but a first kick at the can. The current draft is overly simplistic. It is especially troublesome that the proposed regulation bypasses current legislation such as provided in the OCP, which provides for protection of the environment and public beaches.

It is important that the new bylaw get’s it right the first time. This matter is too important to justify a one-dimensional approach and a hasty conclusion. Provincially imposed deadlines are not an acceptable reason to rush this bylaw. Once in place this bylaw will be the law. Promises made today to fix what’s wrong and to add what’s missing later may quickly be forgotten and in any case are not legally binding. As it stands, this draft bylaw is inadequate and requires more work by the planners.

~~Richard Wiefelspuett Bowen Island~~

During the last six months I have followed the developments leading to the current draft of the dock bylaw with increasing concern. In this period I have heard about illegal closed Council meetings in relation to the dock approvals of Cape Roger Curtis. I have observed a Council that has displayed at

~~Stop The Docks at Cape Roger Curtis www.stopthedocks.ca 34~~

~~Page 155 of 224 Submission to Public Hearing: Bylaw No. 381, 2015 Thursday, May 14, 2015~~

times a shocking level of ignorance about docks and related issues. I have watched repeatedly – life and on video – a Council confused about jurisdiction and its own powers. I have noted delayed and hesitant responses to obvious violations of the specially protected covenant zone at CRC. I have listened to irritated comments by Council members and I have witnessed rude behavior by the Mayor in response to well prepared and presented public comments and concerns related to the docks at CRC and the dock bylaw.

All of this despite the significance of the dock issue for Bowen Island, evidenced in the nearly 1400 signatures on the Stop-the-Docks petition and the active participation of the public and the substantial input and expression of concerns during public comment periods and related hearings.

I would have expected an open dialogue and full-hearted engagement with the public and a genuine display and demonstration of a sincere interest in making this bylaw count in protecting what is dear to Bowen Islanders. But maybe I was aiming high.

I have come to wonder about the true intentions of this Council as the current bylaw draft provides little proof that there is a genuine interest in the well–researched and justified concerns brought forward by the people of Bowen Island. On the contrary the bylaw draft does not provide improved protection of public beaches or the marine habitat. It appears designed to fast-track dock applications and does in fact enable dock construction on public beaches such as Bowen Bay.

~~The presentation of this bylaw draft at the public hearing on 12 November comes as a further embarrassment of the current Council.~~

~~This draft document clearly that the Council is going through the motions of the bylaw approval process and is insincere in accommodating public input.~~

This impression is further underlined by the inadequacy of the assigned venue. Holding this public hearing in the confines of the Council meeting chamber hinders the effective participation of the public in this crucial event. The failure of providing a meeting place representative of the magnitude of the dock issue can be seen as a further attempt to marginalize the issues and to diminish the importance of this public input.

This meeting is a call for action to provide a bylaw that is adequate and serves with integrity what we have in common – protecting the public interests and the public good. Remember our beaches and our coastline are not for sale.

~~Stop The Docks at Cape Roger Curtis www.stopthedocks.ca 35~~

~~Page 156 of 224 Submission to Public Hearing: Bylaw No. 381, 2015 Thursday, May 14, 2015~~

It is the work of the Councilors to differentiate and to consider carefully a response that reflects concern for all. If this undeveloped bylaw stands and is pushed through carelessly it will ignore the public’s grave concerns with the preservation of public beaches and a sensitive ecosystem that protects our environment and creatures great and small.

May the Councilors: - work to create a bylaw that supports the community and reflects the will of the people; - know that they can make a difference; - have the courage to act in an open, honest and direct way and send this bylaw draft back to the planners.

~~Lesley Gaunt Bowen Island~~

~~Dear Mayor and Council,~~

~~I am writing to express my views about the Public Hearing tomorrow concerning docks, as I am travelling and unable to attend the Public Hearing in person.~~

I very much welcome the fact that you are working with the Municipal Planners to draft a bylaw to regulate the construction of private and group docks on Bowen Island. I regard this as an important opportunity to get the wording right so that it will not be controversial or have to be revisited later. I also regard it as an opportunity to truly reflect public opinion and to implement the wishes of Bowen Islanders.

I have read the draft bylaw and in my opinion in its current form the draft bylaw does not provide an appropriate level of protection for the public foreshore of our Island. I have followed the process and the debate over the past few months and I am very concerned that the wording in this draft has watered down or removed entirely proposed wording in earlier drafts that more fully addressed the public interest.

~~Below are particular points that I strongly believe should be included in the bylaw.~~

1. The maximum permitted length should be much less than the proposed 60 metres. I would like to see the maximum permitted length set at 30 metres. This would of course not prevent anyone applying for a variance to the bylaw. That would require them to make the case for a longer dock.

~~Stop The Docks at Cape Roger Curtis www.stopthedocks.ca 36~~

~~Page 157 of 224 Submission to Public Hearing: Bylaw No. 381, 2015 Thursday, May 14, 2015~~

2. The bylaw should explicitly prevent any dock from dividing a public beach. This would effectively prevent a dock from being located on a beach. I find the current proposed wording, which would only prevent a dock from impeding pedestrian access along a beach, far too weak. The idea of privileging the occasional use of a dock by a handful of private individuals over the common good of 3500+ residents to enjoy the beaches of Bowen without climbing under docks is mind-bogglingly undemocratic.

3. In fact I would request that the bylaw go further than prevent any dock from transecting a beach. I would like the new bylaw to prohibit docks being constructed within the sightlines of any of our major beaches (as per the inventory of beaches already drawn up and available), at least without application for a variance. It is a matter of great regret that some large docks have already been constructed around beaches such as Bowen Bay. They really spoil the view for the rest of us.

4. To that end, I believe it would be helpful to include the existing inventory of beaches in this piece of legislation so that Council’s intent in protecting Bowen’s beaches is clear and remains clear from the outset.

5. Environmental impact assessment must be carried out by an independent consultant hired by the Municipality and not by the applicants wishing to construct a dock themselves. It would be very easy to require applicants to pay the Municipality to hire an independent environmental consultant.

~~6. There should be an explicit ban on the use of certain environmentally destructive materials in dock construction, such as styrofoam and creosote.~~

I strongly urge you not to pass the Bylaw in its current state but to get it right first time around: you need to make revisions that provide a much tighter degree of regulation and control, reflecting the strong and consistent expressions of opinions by a large number of Bowen residents.

~~Sincerely,~~

~~Susanna Braund Bowen Island~~

~~Mayor & Council members, Bowen Island Municipality~~

~~Stop The Docks at Cape Roger Curtis www.stopthedocks.ca 37~~

~~Page 158 of 224 Submission to Public Hearing: Bylaw No. 381, 2015 Thursday, May 14, 2015~~

The first dock at CRC is completed. I think if you were to query, most members of the community agree, that the scale of this construction is all out of proportion to its benefit. In other words its utility (for one man) does not come close to justifying it’s visual impact (on the community). Because of its location, directly on the Strait of Georgia, it will require continuous, intrusive maintenance in order to be used at all. The proposed bylaw amendments referenced above would appear to do nothing to prevent the construction of other similar structures. I strongly encourage you to rework the bylaws so that constructions of these structure are not automatically approved.

~~Respectfully, Reed Bement Bowen Island~~

~~To the Mayor and Council Bowen Island Municipality November 11, 2013~~

~~RE: Proposed Bylaw #335~~

~~Thank you for this opportunity to provide comment on the proposed Dock Bylaw #335.~~

~~The proposed Bylaw does very little to protect the public interest in Bowen’s shoreline and, as such, I am opposed to its adoption.~~

The largest oversight – and this is huge – is the complete lack of protection for Bowen’s foreshore and public beaches. The Bylaw, as written, says in essence that a dock can be placed adjacent to any lot anywhere along our shoreline. While the proposed Bylaw does place limits to size of docks, it does not restrict areas on the island where a dock cannot be built, apart from Snug Cove. This is a major oversight and has significant consequences.

~~Our dock bylaw should include “no dock zones” that protect:~~

· All beaches that people commonly use · All of the Cape Roger Curtis coastline for its iconic and sensitive shores · All shorelines with scenic value · All environmentally sensitive shorelines that provide critical habitat such as eelgrass beds and areas that support forage fish (vital to salmon survival).

~~Stop The Docks at Cape Roger Curtis www.stopthedocks.ca 38~~

~~Page 159 of 224 Submission to Public Hearing: Bylaw No. 381, 2015 Thursday, May 14, 2015~~

~~Further, all proposed docks should be subject to a full environmental study that indicates the dock would have no adverse effects on sensitive marine habitat.~~

I urge you to remember that once a dock is installed it instantly changes coastal processes – in terms of habitat, scenic values, coastal sediment transport, and the way the public can use our beautiful shoreline.

However, there are other options. There are numerous BC municipalities who have suitable bylaws and shoreline protection plans that do protect both the environment and public interest. I am sure they would be happy to share some of their bylaw language with you so that we can get an appropriate bylaw in place quickly.

~~Please consider your fellow islanders, your children’s children, and future generations and do NOT pass the proposed bylaw as written.~~

~~Sincerely, DG Blair, M.Sc.~~

~~To all members of Bowen Municipal Council,~~

~~I strongly urge you NOT to pass the bylaw regarding docks on the island.~~

The proposed bylaw does not protect sensitive marine habitat, nor does it aim to establish and protect special public beach areas, including Pebble Beach, Lighthouse Point and Arbutus Point at the Cape. It is within your powers and capacity to create a much more detailed, thoughtful and rigorous piece of work that will have a lasting positive impact on the preservation of shoreline. PLease allow for further public and professional input, and delay the passing of this incomplete proposal until we have effectively included comprehensive, long-term protection and preservation details for all of our precious, irreplaceable marine environment. Thank you.

~~Sincerely, Deborah Bramm~~

~~Stop The Docks at Cape Roger Curtis www.stopthedocks.ca 39~~

~~Page 160 of 224 Submission to Public Hearing: Bylaw No. 381, 2015 Thursday, May 14, 2015~~

~~Dear Mayor and Council~~

Council is in a challenging position. It has spent considerable time crafting a bylaw regarding docks on Bowen Island. Private dock applications to the Province are on hold pending completion of the bylaw and the Province has set the end of November as a deadline. However, there is strong opposition from the community to parts of the proposed bylaw and Council is under pressure to amend it.

I urge you to stay focused on the reason for developing this bylaw. There was a failed attempt to stop the first docks at Cape Roger Curtis and council vowed to do better. The community gave council a clear mandate to act. But will the proposed bylaw stop further docks at Cape Roger Curtis? Unfortunately, the answer is no.

It is also unfortunate that the bylaw would have unintended consequences. It changes language in the existing legislation such that docks would be allowed across public beaches anywhere on Bowen, and existing environmental protections would be removed. There is overwhelming opposition from the community to such changes and Council has no mandate to do this. The suggestion has been made that there will be, at some point in the future, a second bylaw that provides environmental and beach protection; it is not wise to pass flawed legislation on a promise that it will be corrected.

Another unintended consequence would be the promotion of larger docks everywhere on Bowen. While most private docks on Bowen are less than 35 m and only a few more than 50 m, this bylaw allows any private dock up to 60 m.

What Council needs is to do is to direct staff to expedite the necessary changes to the proposed bylaw so as to accomplish three outcomes: 1) prevent docks at Cape Roger Curtis, 2) prevent docks across public beaches on Bowen, and 3) reduce the allowable length of docks to 35 m. It is the job of Council to give clear direction; all that is needed is one councillor to bring forward a motion to direct staff to amend the bylaw, and 3 other councillors to support the motion. It is the job of staff to find a way; our planner working with our CAO and legal help should be able to quickly figure out the right few words and bring them to Council. Time is tight, but if given priority, these amendments could be quickly made. If a short extension is needed, it is highly unlikely that a Minister would turn down a request from a local government making an earnest effort to complete an important piece of legislation.

~~Stop The Docks at Cape Roger Curtis www.stopthedocks.ca 40~~

~~Page 161 of 224 Submission to Public Hearing: Bylaw No. 381, 2015 Thursday, May 14, 2015~~

There is another way to deal with the deadline if time is too short to complete a revised bylaw. The Municipality could respond to the Ministry’s request for comment on the pending CRC dock applications with a reasoned rejection.

~~When this Council came to office it presented itself as the Council who would get things done. The community is behind you on this and saying – get it done.~~

~~Bob Turner Bowen Island~~

~~To: Bowen Mayor and Council,~~

I have long been concerned about what is happening to our island and its beautiful shorelines. Time and time again, Bowen Islanders have expressed our passionate interest and desires to protect the natural and scenic coastline of our island and as stated in the OCP to encourage the retention of portions of Cape Roger Curtis in a natural state accessible to the public, including ecologically sensitive bluffs…..and significant marine shorelines. We want these areas protected not only for the marine life and wildlife but as an essential legacy for our children and grandchildren.

In other countries with far less financial means and education than ours eg. Ecuador – nature including rivers have been given legally enshrined rights. If we were as conscious and progressive as they are, we would be doing that here. Its interesting to note that for thousands of years, indigenous people including those who once used this island were able to leave it natural and beautiful with no ugly scars of their civilization. They made decisions by listening to nature (they would have taken the message when the footings were destroyed in the storm last year as a message for no more construction). They recognized that nature sustains us and they made decisions for the good of the whole, what we would now call the public good.

As our elected officials, I ask of each of you, that you listen to the wisdom of the public and do what is for the public good. Keep not only the Cape but this jewel of an island in the Salish Sea in its natural, beautiful state. There’s now only a small portion of the Cape that is publicly accessible and to me it is blatantly obvious for many reasons – ecological, aesthetic, recreation (swimming, kayaking), nature for nature’s sake…that it has to be preserved for the public good without artificial human created structures like private docks.

~~Stop The Docks at Cape Roger Curtis www.stopthedocks.ca 41~~

~~Page 162 of 224 Submission to Public Hearing: Bylaw No. 381, 2015 Thursday, May 14, 2015~~

Please as elected officials inspire us with peaceful, progressive, transparent and open leadership. Please make the obvious ethical decisions that are in integrity with living and working in a place that is a gift in all our lives. Please listen to the wisdom and the voices all around you…the voice of the land and water, the voice of the people, the voice of your children and your grandchildren and those not yet born. Work with all of us and please make the responsible decisions so that you and all of us will leave a legacy of respect for nature and for the will of the people that we can all be proud of. Thank you.

~~In Spirit and Peace, Ellen Hayakawa Bowen Island~~

~~To Bowen Island Council,~~

~~Please DO NOT pass this bylaw. It provides inadequate protection to the foreshore and the erodes the value of public beaches.~~

~~Shasta Martinuk & Brian Hoover Bowen Island~~

~~To whom it may concern:~~

Please preserve our shoreline for future generations. The existing new dock at Cape Roger Curtis is a travesty. Any future docks would further ruin one of our most beautiful sections of coastline. It is also the most accessible one of its extraordinary beauty to Vancouver and In that way, is one that we should preserve for ourselves, our children and people from afar.

~~Sincerely, Sue Hetherington Bowen Island~~

~~Dear Mayor Adelaar & Councillors:~~

~~Stop The Docks at Cape Roger Curtis www.stopthedocks.ca 42~~

~~Page 163 of 224 Submission to Public Hearing: Bylaw No. 381, 2015 Thursday, May 14, 2015~~

~~Re: “The Docks Bylaw revision”: Proposed Amendments Nos. 335 & 336 to the Land Use and Building Bylaws~~

~~I object strongly to the present form of the proposed revisions. I support revision but the proposed changes are deficient in the following areas:~~

~~1. Permitting docks as close as 10m. each side of a public beach access, potentially limiting the usable width of every public beach on the island to 20m.~~

~~2. 60m. length is unacceptably long for a private dock. 40m. is a much more realistic figure in keeping with the scale of private residential property.~~

3. There is no ban on private docks on public beaches or on areas of outstanding natural coastline enjoyed by Islanders, property owners and visitors alike. (Such as is called for by the 1350 signatory petition calling for dock-free preservation of Cape Roger Curtis.)

4. There are no provisions at all for considerations of preservation of special marine habitat or wildlife areas, both the in-water ecology and the winter sea-bird colonies which depend on the Cape Roger Curtis area for winter feed.

~~I urge you not to enact this bylaw until the above points have been addressed: to recap:-~~

1. Greater protection of public beaches – beaches are for everyone. 2. Dock length limited to approx 40m. 3. Definition of areas of coast (such as Cape Roger Curtis) where foreshore conditions or public interest require dock bans. 4. Definition of areas requiring protection of important marine ecology where docks should be prohibited.

~~All protections need to be included now and not at some future date. We need this bylaw to be effective and to reflect fully the serious concerns of Bowen’s residents.~~

~~Yours sincerely, Robert E. Milward Bowen Island~~

~~Stop The Docks at Cape Roger Curtis www.stopthedocks.ca 43~~

~~Page 164 of 224 Submission to Public Hearing: Bylaw No. 381, 2015 Thursday, May 14, 2015~~

“What do you want when you act like that?!”. This is what a university friend of mine would ask me whenever I was acting in a counterproductive manner. So I ask that of council. What do you think you’re going to accomplish with this watered down bylaw? This matter is far too important for a large segment of the community that has repeatedly, stridently, and consistently spoken for stronger protection of the foreshore. “Beach, beach access & waterfront park access” was even a close second (to trails) at 53.9% in areas of importance in the 2012 survey commissioned by the municipality.

You are adding fuel to the controversy instead of resolving the issue. These ineffective bylaws with the promise of a more restrictive second bylaw in the future will stimulate more dock applications. Do you think the community will not rise up again at your doorstep to protest new dock applications which put the privilege of a few over the rights of many? Moreover, your have failed to communicate your rationale to the community so we are left to assume the worst.

I urge you, once again, to take a different approach with this matter and “do it right the first time” …. or, at least, make specific beaches and areas of foreshore “off limits” until the second phase of bylaws can be formulated. You have the opportunity to unite rather than divide the community by your actions and tone. So far you’ve been going the “wrong way” but it’s not too late.

~~Dennis Vetter Bowen Island~~

~~Dear Mayor and Council,~~

~~For your deliberations and discussion tonight, please accept this email from me as input from one of Bowen residents since the late 1980s.~~

To this day, my family, friends and I, love and appreciate access to our shores and beaches. Please, do your utmost to prevent further private docks to be built across ANY Bowen public shoreline or beach. We must protect them and also protect marine habitat, we must ensure that people of all ages may continue to enjoy the beaches and ocean, at all times of the year.

~~Sincerely, (Ms.) Renate Williams Bowen Island~~

~~Stop The Docks at Cape Roger Curtis www.stopthedocks.ca 44~~

~~Page 165 of 224 Submission to Public Hearing: Bylaw No. 381, 2015 Thursday, May 14, 2015~~

~~Dear Municipality, Councillors and Mayor of Bowen Island,~~

~~From our four months of living on Bowen Island we would like to put forth our opinion of the current docks controversy that is occurring right now with regards to Cape Roger Curtis.~~

My husband and I moved to Bowen in July 2013 from Kitsilano with our two daughters aged 6 and 12. We are here to spend a year in order to decide whether we would like to make Bowen our permanent home. We are actively looking at properties and locations on Bowen to determine whether it would be a wise decision to purchase property here or instead keep our investment in Vancouver.

We are determined to support the local economy while here. This means we shop at the local grocery stores for all that we can get (without packaging), we buy our teas, coffee, chocolates, baked goods and deli items from the local specialty shops and our children are involved in on-island dance and music lessons. We enjoy eating regularly at local restaurants and pubs and have enjoyed some great live music here. We have taken all our visitors from Vancouver for lunch or dinner at Doc Martins. We have rented kayaks at Snug Cove and taken a week long sailing course in Tunstall Bay. I volunteer my time at the school, regularly clean up garbage from the streets, trails, ditches and beaches and have volunteered to work at BIRD in December. We support living the zero waste lifestyle and create very little garbage or recycling. My husband commutes to Vancouver with rideshare and bikes home, I do not drive our car and instead choose to walk or take transit.

We understand the ecological importance and aesthetic values at Cape Roger Curtis. This place was incredibly beautiful and has the best sun exposure on Bowen Island. We all like to spend as much time at the beach as possible. After visiting CRC last year it was one of the factors in our decision to move here. This was untouched wilderness and beauty that is rarely found this close to Vancouver. It was sacred. It was a place where we would have liked to visit frequently with our children during our stay on Bowen. It was a place to pray, to meditate, to picnic and wonder at the beauty surrounding us.

We understand that approximately 20% of Bowen Islanders own waterfront property and therefore have the privilege to apply for a lease to install a dock over OUR common land known as foreshore. We also understand that in many jurisdictions in BC the municipalities have decided not to allow any more docks to be constructed due to public opposition for either aesthetic or ecological reasons.

~~Stop The Docks at Cape Roger Curtis www.stopthedocks.ca 45~~

~~Page 166 of 224 Submission to Public Hearing: Bylaw No. 381, 2015 Thursday, May 14, 2015~~

We all ventured out to CRC on a sunny November afternoon for the first time since moving here. We had already heard about the one dock that had ruined the sacredness of this place but thought it prudent to go see for ourselves before making too many assumptions. We saw the homes that have already been built or under construction and thought how lucky the owners are to live in such a location. We were very grateful for the wonderful public trail along the ocean front.

Then we saw the massive dock extending out into the ocean, standing out like a sore thumb across OUR pristine public lands and waters. This vision made our stomachs turn. It was a monstrosity. We hated it. We resented it. We wondered how the municipality could have allowed this after so many of their own constituents had opposed it and given them plenty of time to prevent it?

We also saw the footings where the next dock was waiting to cross the beach where our children had played last year. This visual pollution invoked very negative feelings for us. We noticed that a couple of ‘private property’ posts had been ripped out of the ground and left strewn nearby. We carried on towards the lighthouse. There was garbage along the trail that I could not be bothered to pick up. I chose to leave it there to blend in with the other eyesores that now are part of this waterfront landscape. I doubt we will be visiting this place in our future recreational activities on Bowen.

~~Properties for sale or rent in this area (Cape, Whitesails, Tunstall) are not as desirable to us as they were this time last year.~~

We have met many kind and interesting people on Bowen. It is still a beautiful place with a great community. We will be paying a lot of attention over the next few months as to how Bowen Island Municipality handles this controversy and what type of culture they support. This will be a big factor in our future investment decisions.

~~Regards John, Janine, Jasmine and Rose Brossard Bowen Island~~

~~To Bowen Island Mayor and Council:~~

~~As far as I am concerned you failed to represent the interest of Bowen islanders in regards to the docks at Cape Roger Curtis. The proposed Docks bylaw is your opportunity to undue some of the~~

~~Stop The Docks at Cape Roger Curtis www.stopthedocks.ca 46~~

~~Page 167 of 224 Submission to Public Hearing: Bylaw No. 381, 2015 Thursday, May 14, 2015~~

~~damage done, during the twists and turns and general mishandling of that situation. In other words it is an opportunity to make amends.~~

Bowen Islanders have expressed our passionate interest and desire to protect the natural and scenic coastline of our island. We want the coastline protected not only for the marine life and ecology, but as an essential legacy for our children and grandchildren.

In other countries with far less financial means and education, waterways and coastlines have been given legally enshrined rights. If we were as conscious and progressive as they are, we would be doing the same here on Bowen Island. As our elected officials, I urge each of you to listen to the public will and do what is for the public good. Put some teeth back into the proposed Docks bylaw.

~~Sincerely,~~

~~Gail Lotenberg Bowen Island~~

~~To: Mayor and Council, Bowen Island Municipality~~

~~Re: my comments on Amendment Bylaw no.335 – 2013~~

I am one of the 80% of property owners on Bowen who do not reside on the waterfront. I moved to Bowen because I love the easy access to the water and the natural beauty that surrounds us. My children, my grandchildren and I swim at many of the beaches and bays around Bowen. We appreciate especially those beaches that are free of unsightly docks that impose a blot on one’s enjoyment of the natural surroundings. I took my seven year old grandson to Cape Roger Curtis a week ago and had great difficulty in explaining to him why the monstrous metal structure that will only be used at most two to three months a year, was allowed to ruin the panorama that we used to so enjoy.

~~Like many other island residents, I place a high value on maintaining the rural atmosphere of this island and protecting its beauty for future generations.~~

~~I therefore ask you not to pass the above bylaw amendment as is presently constructed. If you are going to do a job, do it right. This bylaw does not meet the concerns of the many residents who have~~

~~Stop The Docks at Cape Roger Curtis www.stopthedocks.ca 47~~

~~Page 168 of 224 Submission to Public Hearing: Bylaw No. 381, 2015 Thursday, May 14, 2015~~

~~been advocating for protection of the Cape Roger Curtis shoreline and for protection of all our public beaches.~~

Please send this bylaw back to the municipal planner and instruct her to draft something that incorporates the protection we are asking for, i.e. protection of our public beaches for our recreational enjoyment and protection of our ecologically sensitive areas in places like Cape Roger Curtis. This is consistent with the objectives expressed in our Official Community Plan.

If you are concerned about the artificial deadline imposed by the Province with respect to the two pending dock applications at Cape Roger Curtis, tell the Province that the municipality does not support approval of these two applications for the following reasons:

1) the residents of Bowen Island are overwhelmingly opposed to any docks at Cape Roger Curtis and that, because of this, the muni is working on a bylaw that will ensure this area is protected from any further dock construction; 2) staff has been instructed to work on adding sections to the current draft bylaw amendment (send the Province a copy) to address the public’s concerns and to better incorporate the objectives expressed in the Official Community Plan, with respect to protection of Cape Roger Curtis coastline and of all public beaches 3) 1400 plus island residents and visitors have signed a petition opposing docks at Cape Roger Curtis (send the Province a copy of the petition and all submissions received to date opposing docks at CRC and on public beaches)

I urge you to send this bylaw back to your planning staff to incorporate protection of the Cape Roger Curtis coastline and protection of our public beaches on Bowen. I urge you to tell the Province that Bowen Island does not support any further docks at Cape Roger Curtis. Do not allow an artificially imposed deadline to rush this process.

~~Yours truly, Nerys Poole Bowen Island~~

~~Dear Mr Mayor and Council members,~~

~~Stop The Docks at Cape Roger Curtis www.stopthedocks.ca 48~~

~~Page 169 of 224 Submission to Public Hearing: Bylaw No. 381, 2015 Thursday, May 14, 2015~~

~~I would like to add my voice to the discussion regarding large docks on public beaches on Bowen Island.~~

When we moved here nearly 23 years ago, Bowen was a respite from the commerce and development of the greater Vancouver area. A place, close to the city that was a refuge for city dwellers. It was also a community close to the metropolitan area where we could live in a rural atmosphere while continuing to work in the city.

Beaches have been an important part of that area of respite. Places where we can be close to the elements – and of course especially water. It is sad and tragic that one of the beaches that has most been frequented by those wanting a place for reflection and renewal has been desecrated by a metal structure that has destroyed the atmosphere of a space that was remarkable for many. A few months ago my family and friends had a memorial for a special person who had died. It was held on the rocky shore of Pebbly Beach. It was a time of spiritual reflection and solace. It is appalling that this space is lost for future moments such as ours.

I urge Council not to let this happen to other public beaches on Bowen. If we do not respect these spaces we will no longer be the resource we have been to the population of Bowen and the larger population of Metro Vancouver!

~~Respectfully Mary Ellen deGrace Bowen Island~~

~~The Bowen Island Mayor and Council:~~

~~Re: Bylaw No. 335-2013 cited as “Bowen Island Municipal Land Use Bylaw No. 57, 2002 Amendment Bylaw No.335, 2013”~~

~~I am writing as I am not able to attend the public hearing regarding the above-mentioned bylaw and I ask you to please take my comments into consideration.~~

The ongoing process surrounding the Cape Roger docks applications has demonstrated the level of concern that the Bowen Public has for the Bowen coastline and foreshore. Bowen Islanders consistently state that beaches are top priority for consideration in municipal planning. Yet, the bylaw

~~Stop The Docks at Cape Roger Curtis www.stopthedocks.ca 49~~

~~Page 170 of 224 Submission to Public Hearing: Bylaw No. 381, 2015 Thursday, May 14, 2015~~

~~as currently written will not adequately protect the Bowen foreshore and marine environment, nor will it protect the use and enjoyment of public beaches and the shoreline.~~

The bylaw, as currently worded, only prevents docks from restricting pedestrian access on public beaches. This is not sufficient. A dock located on a beach, especially one of the magnitude allowed by the bylaw, will destroy the character of a beach. View will be impeded and the environment affected. A private dock should not be allowed to bisect a popular public beach.

The bylaw as written is weak with respect to the requirements of an Environmental Impact Assessment. The level and quality of such a study should not be left in the hands of the ones making the dock application.

Previously, under the Official Community Plan and with the discretion of the municipal government, a dock application could be turned down completely. Under the current wording of the proposed Bylaw, a private dock application will not be turned down if it meets the specific requirements detailed in the bylaw. The current wording almost welcomes dock applications. There are places where and circumstances under which no dock should be allowed to be built.

~~The “BIMLand Use Bylaw No. 57, 2002 Amendment Bylaw No.335, 2013” should not be passed as currently written,~~

~~Yours truly, Katherine Wolters and Gordon Rose Bowen Island~~

~~As Alison Morse said in another bylaw amendment context, “This one doesn’t cut the mustard.”~~

~~Please send the dock-related amendments back to the planner to:~~

• Decrease the maximum dock length to 30m • Identify no dock zones, including Cape Roger Curtis • Require independent environmental assessments paid for by the dock applicant • Respect the requirement to conserve sensitive marine habitat

~~Stop The Docks at Cape Roger Curtis www.stopthedocks.ca 50~~

~~Page 171 of 224 Submission to Public Hearing: Bylaw No. 381, 2015 Thursday, May 14, 2015~~

~~• Protect public beaches • Ensure clear provisions for environmental monitoring~~

Despite a whole lot of noise around “jurisdiction,” you have both the jurisdiction and the responsibility to protect the public interest, as clearly stated by Keith Anderson, Manager, Resource Authorizations, Province of BC: “The Ministry’s position continues to be that if the residents of Bowen Island want to prohibit the construction of docks at Cape Roger Curtis, then the local government must implement the appropriate zoning bylaws, which they have the power to do, to reflect those community goals.”

~~Almost 1,400 people are directly asking you to do that.~~

~~Sincerely, Maureen Nicholson Bowen Island~~

To the Mayor and Council: Please do NOT pass this dock bylaw. I respectfully request that it be amended so that public beaches on Bowen Island will be protected from construction of private docks and that the coastline at Cape Roger Curtis be designated a “no private dock zone.” Thank you. S. Proske Bowen Island

Please reconsider the By-Law concerning the building of docks at Cape Roger Curtis. The docks should not be built where they inhibit the use of public beaches or are the main feature to look at when sitting on the beach. Some will also prohibit the use of the beaches by other boaters.

~~Regards Malcolm Pitches Bowen Island~~

~~Stop The Docks at Cape Roger Curtis www.stopthedocks.ca 51~~

~~Page 172 of 224 Submission to Public Hearing: Bylaw No. 381, 2015 Thursday, May 14, 2015~~

~~Dear Councilors,~~

I am very much opposed to allowing any more docks on Bowen. We live right on the point you see on the right from the ferry, the house with the big sloping metal roof. We would benefit tremendously if we put in a dock. But, I care more about the free seashore, since we also have a boat dock in Snug Cove.

The values for the whole island should matter to us more than the private needs of a few wealthy people. Since I am one of the fortunate ones and also have more important values than just my own benefit, can’t you also consider the greater good. Please vote against the dock bylaw today.

~~Sincerely, Barbara Clow Bowen Island~~

I need to voice my grave concern that above bylaws do not protect our shoreline and beaches from negative visual impacts, i.e. the destruction of the beauty of nature. Can we agree that the beauty of landscape and seascape is the single most important asset of Bowen Island which attracts new residents and tourist/visitors alike, supporting our fragile local economy? To actively support the local economy is written right into our Mission Statement and I hope that council will give serious thought to this aspect of the matter.

My early experience regarding natural beauty and economics was formed in the countries of Bavaria, Switzerland and Austria where the protection of shorelines of lakes for the benefit of residents and tourists is a matter of course and these countries have very strong economies. The same is now true of course in our neighbouring communities right here in B.C.

~~May I recommend relevant reading material, to google “methodology of visual impact assessment of shoreline development”.~~

~~Thank you to staff and council for your public service – and may The Wisdom be with you.~~

~~Sincerely Sigurd Sabathil Bowen Island~~

~~Stop The Docks at Cape Roger Curtis www.stopthedocks.ca 52~~

~~Page 173 of 224 Submission to Public Hearing: Bylaw No. 381, 2015 Thursday, May 14, 2015~~

~~Dear Bowen Island Municipal Councillors and staff,~~

~~I write in advance of the Public Hearing Regarding Proposed Bylaw No. 335, 2013~~

~~I hope to address Council at the Hearing but want my strenuous objections to this Bylaw included in the record.~~

In my experience, regulatory bylaws are meant to be protective in nature, not enabling of environmental destruction and the infringement on public access to public places. This is an enabling bylaw that will only serve to protect the private interests of a very small number of owners of already high-value property. They may expect their property values to rise through this enablement of private purpose structures in public areas. This amounts to a form of public subsidy to private interests.

~~This bylaw does not conform with either the Bowen Island Municipality Mission Statement:~~

Mission Statement: In carrying out its mandate, Bowen Island Municipality will work towards conducting operations in a way that: 1.Improves the economic, environmental and social well-being for present and future generations; 2.Encourages and fosters community involvement; 3.Enhances the small, friendly, caring character of the community; 4.Maintains an open, accountable and effective operation; and 5.Preserves and enhances the unique mix of natural ecosystems and green spaces that Bowen Island possesses. nor does it conform to the provisions of the Community Charter, Section 7 of which states:

7 The purposes of a municipality include (a) providing for good government of its community, (b) providing for services, laws and other matters for community benefit, (c) providing for stewardship of the public assets of its community, and (d) fostering the economic, social and environmental well-being of its community.

~~I submit that an enabling bylaw such as Bylaw No 335, 2013 falls far short of the purposes enumerated in the Charter and, in enabling only a very few to build massive docks, floats and other~~

~~Stop The Docks at Cape Roger Curtis www.stopthedocks.ca 53~~

~~Page 174 of 224 Submission to Public Hearing: Bylaw No. 381, 2015 Thursday, May 14, 2015~~

~~associated infrastructure fails to recognize the general interests of the community at large, including the ecological communities under our stewardship.~~

~~Yours sincerely,~~

~~Lisa Barrett, Former Mayor and Councillor, Bowen Island Municipality~~

It does appear that the concerns and desires of the people of Bowen Island with regard to the private dock issue are falling on deaf ears when it comes to this council. I have no idea why this is the case but it has to change now. All of you were elected to represent Bowen Island as a whole….not to cater to the wishes of a select few with deep pockets.

Short of storming into the chambers carrying torches, we have done everything we can to let you know that massive docks on public beach areas are not wanted by Bowen Islanders. To continue to dismiss this large majority is unacceptable.

~~As written, the bylaw will allow more massive docks to be built. With no breakwaters, these docks will most likely destroyed by storms and this contentious issue will become yet even more complicated.~~

~~You do not work for the developers of Cape Roger Curtis. You work for us! The bylaw must be rewritten to protect our public beaches and maintain the beauty of Bowen Island for generations to come.~~

~~Kelley Voyer Bowen Island~~

The following submission was deemed out of order as it did not address the substance of the bylaw. Mr. Rahn therefore did not have an opportunity to speak at the public hearing. He has given permission for his letter to be posted here.

~~Re: Public Meeting November 12th, 2013~~

~~Mr. Mayor, Counselors:~~

~~Stop The Docks at Cape Roger Curtis www.stopthedocks.ca 54~~

~~Page 175 of 224 Submission to Public Hearing: Bylaw No. 381, 2015 Thursday, May 14, 2015~~

~~I am writing to comment on the choice of time and venue for the Public Meeting concerning Bylaw 335 at 6:15 p.m. on November 12th at Municipal Hall.~~

In the past, meetings of particular importance have been held on weekend days starting around 9:00 a.m. either at Cates Hill Chapel or the Gym at BICS in order to allow the maximum number of interested people to attend.

This meeting scheduled for Nov. 12th is dealing with an issue which is surely very important to a great number of Bowen Islanders. The Bylaw to be commented on is dealing with private moorages on Bowen Island’s shores, but with specific aim at the monstrous structures proposed to be built or having already been built at The Cape on Bowen, formerly known as Cape Roger Curtis under the unwatchful eyes of the present Council.

The meeting is to take place on a weekday, in the early evening at 6:15 p.m. For people commuting to town for work this is at best an awkward time to attend a public meeting or at worst impossible. For most people who are at home this is dinner time and therefore also a most awkward time to leave home. I suspect, Mr. Mayor and Counselors, that at this very hour you yourself would prefer to be at home with your families and have dinner instead of sitting through what may turn out to be an uncomfortable meeting for you.

The meeting is to take place in the Council Chamber at Municipal Hall. This is a most unsuitable venue for an event that will very likely draw a considerable audience, despite the awkward time for which it is called. There is sitting room for maybe 50 to 60 people. After that it is standing room only, in the doorway, on stairs across from the door and in the hallway. People without seating inside the room don’t see anything of the proceedings and can barely hear what is being said.

I cannot help thinking that at best this is a case of very poor planning or at worst that Council has made a calculated effort to keep the maximum number of Bowen residents away from this meeting in order to get it over and done with as quickly as possible.

~~Respectfully, Alfred Rahn~~

~~Stop The Docks at Cape Roger Curtis www.stopthedocks.ca 55~~

~~Page 176 of 224 Submission to Public Hearing: Bylaw No. 381, 2015 Thursday, May 14, 2015~~

~~Response to Lots 1 and 14 Dock Applications from André Chollat~~

~~Senior Land Officer # 200, 10428 153rd Street SURREY, BC, V3R 1E1~~

Re: Application for Crown Land Tenures by ZONGSHEN (Canada) Environtech Ltd of 1500-885 West Georgia St, Vancouver, B.C. V6C 3E8, for private moorages covering Lot 1 (DL 1548, Group 1, NWD, BCP 43260) and Lot 14 (DL 1548, Group 1, NWD, BCP 43260) situated on Provincial Crown Land located at Bowen Island. Land file # 2410880 & 241 0881.

~~July 22nd, 2013~~

~~Dear Sir or Madam,~~

My wife and I firmly oppose the present applications for Crown Land tenures for private moorages at Cape Roger Curtis on Bowen Island by ZONGSHEN (Canada) Environtech Ltd for the multiple reasons presented hereafter and we ask the Honorable Minister of Forests, Lands and Natural Resources operations to reject all such applications.

To the surprise and consternation of most islanders applications for several moorages at Cape Roger Curtis on Bowen Island were granted in the past year with total disregard for our letters of opposition in March 2012 (to all parties involved) with the reason for our opposition. The work for the moorage is now in the process with all the damage to the seashore, public beach and the destruction of the environmental integrity of the foreshore of Cape Roger Curtis. Covenants and repeated guarantees have not been respected and no environmental control is being provided to prevent such destruction (see letter to read and delivered to BIM mayor and Council by Tamsin Miley 22 July 2013).

~~Here are our four main reasons to oppose the disposition of Crown Land for private moorage:~~

1. A functional reason: Any moorage on the open seashore of Cape Roger Curtis is contrary to sanity and logic, given the destructive power of the sea elements during the winter storms. It is the reason that there was no such construction in the past on all that side of Bowen Island (see letter of Richard Wiefelspuett, Naval architect with relevant experience in offshore and structural engineering, here attached). 2. A legal controversy: to allow private use of public land and access to public beaches for the construction of moorage structures which disrupt public activities by land and by sea is against the expressed desire of most Bowen Island residents entitled by law to the use of foreshore and beaches. 3. Good governance: in the past private moorage were allowed where no access to property was possible by land. The property owners at Cape Roger Curtis have ample access by land and no imperious reason for a private moorage for access by sea as many moorage facilities are provided on Bowen Island for all boat owners. Why should there be a precedence created by such applications. 4. There is a moral duty for the government and agencies responsible to maintain and protect the public domain and the environment for the citizen at large against the encroachments by any entity for private interest without substantial return for all. Here a corporation with foreign interest is preempting the interest of Bowen Islanders and all British Columbians to satisfy the pleasure of private individuals without consideration for the damage being done to the environment, the well being of wildlife at sea and on the land. This is being done with your ascent without any compensation now and in the future. This is morally wrong from the

~~Stop The Docks at Cape Roger Curtis www.stopthedocks.ca 56~~

~~Page 177 of 224 Submission to Public Hearing: Bylaw No. 381, 2015 Thursday, May 14, 2015~~

~~ministry of Forests, Lands and Natural Resources operations to allow such development to happen. We are to protect Cape Roger Curtis for the next generation, it is our duty.~~

We ask you to reconsider any application for such demand within the parameters of the reasons above. We shall do anything in our power to stop any development, this is our reason to oppose any moorage application.

~~Sincerely yours,~~

~~André H CHOLLAT Anne FRANC DE FERRIERE CHOLLAT~~

~~CC: STEVE THOMPSON, Minister of Forests, Lands and Natural Resources operations Jordan STURDY MLA BIM mayor and council~~

~~Leo Frid: A scar on the landscape~~

~~Dear Minister Thompson,~~

I am writing to express my great concern over the development of 4 very large private docks currently underway at Cape Roger Curtis on Bowen Island. Cape Roger Curtis is a unique place on Bowen Island and Howe Sound which has great value to both residents and visitors from around the province. My understanding is that under Canadian law, the intertidal zone is to be accessible for all the public to enjoy. If these docks go ahead there will be a great loss of a public asset that will only benefit a very small number of individuals. Moneygram fees The proposed docks, if developed will infringe upon this public asset in a number of ways:

1. The docks will be an eye sore greatly changing the nature of the view scape from one of pristine natural beauty to one dominated by large developments and marine vessels. 2. The docks and associated breakwaters will change the nature of the currents and wave action, therefore impacting many of the natural processes that create such a unique ecosystem 3. The docks will cross the intertidal at a number of places creating obstructions for the public to explore this unique intertidal zone as they have a right to do so under Canadian law.

These impacts should not be considered on an individual project by project basis but in the context of an already highly developed coastline in the region and the uniqueness of the location where the developments are proposed.

I was quite surprized to hear that these docks were granted approval given that other much smaller applications have been denied by the ILMB under a similar public outcry as there was for these proposed docks; and would like to understand why the docks were approved. I urge you do all that is within your power to prevent this development from continuing.

I am cc’ing the mayor and council of Bowen Island because it is my understanding that they have all expressed their opposition to this development; I would like them to understand the level of concern within the community about the nature of this development.

~~Stop The Docks at Cape Roger Curtis www.stopthedocks.ca 57~~

~~Page 178 of 224 Submission to Public Hearing: Bylaw No. 381, 2015 Thursday, May 14, 2015~~

I am also cc’ing the developers as I feel they need to hear and understand that the community is very concerned. To be perfectly frank, I feel that ultimately creating such a scar on the landscape will in the long run create a loss in value for their land. They themselves claim on their website that: “This is an impossibly beautiful coastal site. Its untouched shores, whispering brooks, and deep woods are a Pacific Northwestern gem. We are determined to tread upon this land lightly.” I urge them to live up to their own standards.

~~Thank you for your consideration,~~

~~Leonardo Frid Bowen Island, BC~~

~~Katherine Wolters: Dock construction on this part of the Bowen coastline does not make sense~~

~~May 22, 2013~~

~~To the Bowen Island Municipal Council:~~

I am extremely concerned about docks that the Cape on Bowen developers have been given permission to build. I am not normally against the idea of private citizens being allowed to build reasonable docks and arrange for personal moorage, but the docks to be located at Cape Roger Curtis are of such an extent that they will impinge upon the public’s right and ability to enjoy this natural area and its recreational features. Dock construction on this part of the Bowen coastline does not make sense due to the extremes of weather and currents. The breakwaters and pier-sized docks and increase in concentrated boat traffic will negatively impact the foreshore environment by altering current and wave patterns and introducing local pollutants. I believe that it is not right that structures to benefit a few people should impact the three public beach parks, the magnificent view and the shoreline that is enjoyed by many Bowen Islanders and by visitors on land and on the water.

I don’t believe that the Bowen Island Council has properly explored all mechanisms to halt the construction of the docks. I don’t think that our Council has stood up for the public it represents on this Island. I am asking for the Mayor and Council to put a stop to the construction of the docks.

~~Yours Sincerely,~~

~~Katherine Wolters, R.P.F. Bowen Island, B.C.~~

~~Brenda McLuhan: a number of reasons~~

I am opposed to these docks for a number of reasons, but I am not opposed to all docks. These particular docks are in an area that has been used by the public since the 1920s (perhaps earlier) for hiking, swimming, kayaking and more. While the lots themselves are private, the foreshore is not. It is public.

~~Stop The Docks at Cape Roger Curtis www.stopthedocks.ca 58~~

~~Page 179 of 224 Submission to Public Hearing: Bylaw No. 381, 2015 Thursday, May 14, 2015~~

Aside from the public enjoyment aspect of the foreshore area, it is important as a feeding area for waterbirds. I have been out at CRC when wave after wave of Golden-eyes flew in, literally thousands! It was a magical sight to see them swimming into shore in an organized manner to feed on the aquatic life that is there. And the fact that the shallows extend out for quite a ways seems to encourage the growth of eelgrass, kelp, clams and mussels along the shoreline.

I cannot help but think that having a dock that is as long as the Wall Centre is high, extending out into the foreshore, will act as a barrier to the many waterfowl that use this area. These private docks are of a scale previously unseen in Howe Sound (except perhaps at a commercial marina) and there are 4 of them! Having such large private facilities located so close to the well-used beach areas will impede our ability to enjoy the wildness of this landscape, and make it seem like we are using someone else’s backyard, when in fact these are public areas.

And aside from all of that, this part of Bowen’s coast is subject to the most extreme winds and weather conditions that we get. It is unprotected and I cannot imagine these docks being able to withstand some of the storms that are a regular occurrence. In fact some of the concrete forms were washed away just recently, before the cement was poured, as if to underscore this point. If the waves happen to sink one of the boats that will be moored there, or dash it against the rocks, there is also the high possibility of damage to the aquatic life that lives here (mussels and clams aren’t exactly mobile).

~~Finally, owning private land doesn’t mean you should be entitled to use the public land that is adjacent to it.~~

Many people I know sent in a letter of opposition to these docks, and still the necessary water licenses were granted. Could it be that the reason had to do with the developers meeting with and lobbying the Deputy minister? And why didn’t our Council send a clear message to the ILMB saying they didn’t support the docks, when 5 of our Councillors are now saying they are opposed? Something sure smells fishy to me, and it isn’t the mussels…

~~John Dowler: CapeOnBowen’s values don’t jive with docks~~

~~To TheCapeOnBowen~~

~~I admire the spirit of your website, thecapeonbowen.ca , and the environmentally sensitive aspiration that it expresses.~~

Our group is trying to prevent the installation of four industrial sized docks across the intertidal zone at Cape Roger Curtis. We feel that the docks will collide with the values expressed on your website. Meanwhile we’ve built a site as well that describes our views on what is going on. http://stopthedocks.ca

While this may feel provocative, I sincerely believe that leaving the Cape shoreline free from the large built structures will also help you fulfil the vision described so eloquently on your website and in your promotional materials. It will also create a much more rare and higher valued property.

~~Please let me know that you’re aware of the site, and how the construction of the docks would fit into your vision statement.~~

~~Stop The Docks at Cape Roger Curtis www.stopthedocks.ca 59~~

~~Page 180 of 224 Submission to Public Hearing: Bylaw No. 381, 2015 Thursday, May 14, 2015~~

~~Thanks very much!~~

~~John~~

~~Letter from Rosemary Knight~~

~~This letter was sent by Ms. Knight to regulatory officials during the dock application approval process~~

~~March 31, 2012 To Whom It May Concern,~~

I write to express my strongest opposition to this (and any other) application for private moorage along the western shoreline of the property known as Cape Roger Curtis on Bowen Island. Currently there are five applications submitted to your ministry.

The public interest in this property, as legally documented in Bowen Island’s Official Community Plan, has as its highest priority access to a wild coast. During the subdivision approval process for the property, the owners did not provide the required coastal access every 200 m, but instead gave the community a coastal walking trail and access to a beach area. If this private moorage is approved, the coastal walking trail and the beach will be looking out, not on a wild coast, but on a bay filled with floating wharfs, docks, and boats. In addition, these structures would significantly impede public access to the shoreline both from land and from the water. The development of this private moorage would be so unfair to the community given that the developer “traded” the trail and beach access for required coastal access points. The marine Crown Lands, that would be taken over by the moorage, are a treasured part of Bowen Island, and should be preserved in their natural state for all islanders.

~~Thank you for your careful consideration of this application.~~

~~Sincerely, Rosemary Knight Bowen Island B.C.~~

~~Doug Hooper: Open letter to Bowen Islanders and concerned citizens Re: Docks at Cape Roger Curtis~~

~~April 30, 2013~~

The desecration of Cape Roger Curtis continued apace this past weekend. The high winds in the Strait of Georgia, while neither uncommon nor extreme, were sufficient to dislodge the temporary concrete forms and cast wood debris along the shoreline. It was not at all surprising that the northwest winds and four foot waves would present a challenge to constructing (or using) a dock facility at Bowen’s land’s end. (see photos here)

~~Stop The Docks at Cape Roger Curtis www.stopthedocks.ca 60~~

~~Page 181 of 224 Submission to Public Hearing: Bylaw No. 381, 2015 Thursday, May 14, 2015~~

It is very surprising, however, given the scale and raw impact of the marina-sized docks that they have been granted approval by Bowen Council and senior governments. Now that the works have begun, you can see that the first wharf at the Cape will cover an expanse of over 100 meters, before it evens finds the low tide waterline. From there, the breakwaters, ramp and docks will obstruct and destroy the natural aesthetic looking out to the Strait and Vancouver Island (not to mention impacts on the wintering bird habitat). The footings and wharf structure will bisect Bowen’s only accessible tidal pool shoreline, cutting thoughtlessly through deep mussel beds and sensitive marine habitat. While these are public lands, belonging to all British Columbians, these docks will permanently impair traditional public use and enjoyment of the foreshore.

It is time to take action to preserve the recreational access and foreshore environment at Cape Roger Curtis. Promises made by Bowen Council that it would protect our beaches and sensitive marine habitats have yielded no results. Bowen Council has failed to properly zone and control unfettered destruction Western union money transfer of this precious shoreline. The governments of British Columbia and Canada have failed to properly assess the impacts in allowing these docks to proceed. How did DFO uphold one rigourous study and approval process for the municipal Tunstall Bay boat ramp, then turn a blind eye to the far greater impacts of the docks at the Cape? The Islands Trust Council has failed to uphold its fundamental object – these lands and waters are precisely what they are charged to ‘preserve and protect.’ Our governments have the power to reverse these failures, stop the work and prevent the dock insanity from destroying the Cape Roger Curtis shoreline.

It comes to this – we need to speak out and call on the next government of British Columbia to save Cape Roger Curtis. Bowen Islanders should demand that Bowen Council oppose and stop dock construction at the Cape, and enforce the existing land covenants. Ask your elected representatives to act now – use the contact links below.

~~Let’s leave a different legacy at the Cape – keep it natural.~~

~~Doug Hooper Bowen Island, BC~~

~~Respectfully submitted, this 8 th day of May, 2015.~~

~~StopTheDocks~~

~~Doug Hooper Representative~~

~~Stop The Docks at Cape Roger Curtis www.stopthedocks.ca 61~~

~~Page 182 of 224 Tyler Ruggles~~

~~From: Mal Hoskin < > Sent: March 11, 2018 12:56 PM To: BIMBC - Mayor And Council Cc: J Subject: CRC Water Zone Amendment~~

~~Follow Up Flag: Follow up Flag Status: Flagged~~

~~There is absolutely no need for more docks or other structures in the Cape Roger Curtis area. Please continue in the direction you are going and enact the Amendment to the CRC Water Zone bylaw.~~

~~Mal Hoskin Judy Balko~~

~~Page 183 of 224 Tyler Ruggles~~

~~From: Ken Hallat Sent: March 10, 2018 4:31 PM To: Daniel Martin Cc: Bruce Russell; Barbara Hallat; Rich Anderson Subject: Against~~

~~I am against the Cape Roger Curtis dock bylaw amendment Not necessary No more lawsuits Too expensive Ken Hallat~~

~~Sent from my iPhone~~

~~Page 184 of 224 Tyler Ruggles~~

~~From: Kathy Lalonde Sent: March 9, 2018 11:01 AM To: BIMBC - Mayor And Council; Daniel Martin Subject: FW: Bylaw 445 amendment~~

~~Follow Up Flag: Follow up Flag Status: Flagged~~

~~Kathy Lalonde Chief Administrative Officer Bowen Island Municipality~~

~~From: Larry Oliver Sent: March 9, 2018 11:00 AM To: Kathy Lalonde Subject: Bylaw 445 amendment~~

~~Attention: Kathy Lalonde, CAO of BIM~~

As 30 plus years residents of Bowen Island and for the record this will confirm our strong opposition to the proposed changes to Amendment Bylaw 445 that specifically targets one specific development on Bowen Island and its ability to build docks of any sort.

~~Larry Oliver and Alison Downie Eccelstone Rd.~~

~~Page 185 of 224 Tyler Ruggles~~

~~From: Leonard Gilday Sent: March 10, 2018 9:11 AM To: BIMBC - Mayor And Council Subject: CRC no-docks amendment bylaw~~

~~Follow Up Flag: Flag for follow up Flag Status: Flagged~~

~~Dear mayor and council,~~

~~I am writing to support the proposed amendment to the CRC no-docks bylaw. I support this initiative because:~~

It supports the public’s enjoyment of public parks and sea walk. It protects environmentally sensitive shores and coastal waters CRC’s shoreline is exposed to the Salish Sea’s wind and waves and is the wrong place to moor a boat without the protection of a massive rock berm. The docks which have been built are not practical — they are awash and unstable in any wind or wave so they are never used and are, in fact, being torn apart. This is not where any experienced boater would consider mooring.

~~For all these reasons I support Mayor and Council in their initiative.~~

~~Many thanks, Len~~

~~L e n Gilday ------604.947. Petersen Rd. Bowen Island, BC V0N1G1~~

~~L e n Gilday ------604.947.~~

~~Page 186 of 224 Tyler Ruggles~~

~~From: lesley patricia < > Sent: March 11, 2018 6:35 PM To: BIMBC - Mayor And Council Subject: CRC Dock Bylaw Amendment - Hearing 12 March 2018~~

~~Follow Up Flag: Follow up Flag Status: Flagged~~

~~Dear Mayor and Council,~~

~~I support the proposed amendment.~~

~~Docks at CRC are a nonsensical idea and the last years have demonstrated that the location is not suitable for any such installations.~~

~~None of the docks are functional and have not been able to hold up against the battering by winds and seas.~~

~~The land- and seascape have been negatively impacted and the enjoyment of the coastal trail has been seriously diminished by these contraptions.~~

~~The proposed amendment will discourage any future attempts to seek for loopholes in the bylaw and clarifies the intent of the current bylaw..~~

~~I urge the Municipal Council to enact the amendment.~~

~~Cheers,~~

~~Lesley Gaunt Emily Lane Bowen Island, BC, V0N 1G2~~

~~Page 187 of 224 Tyler Ruggles~~

~~From: Louise Escallier < > Sent: March 12, 2018 9:50 AM To: BIMBC - Mayor And Council Subject: The Cape's docks~~

~~Follow Up Flag: Follow up Flag Status: Flagged~~

~~Hello Dear Mayor and Council,~~

~~I support the proposed amendment for the following reasons: the amendment does not change the intent of the bylaw, it merely clarifies the interpretation of the bylaw;~~

~~I urge the Municipal Council to enact the amendment.~~

~~Sincerely, Louise Escallier~~

~~Page 188 of 224 Tyler Ruggles~~

~~From: NERYS POOLE < > Sent: March 11, 2018 10:27 AM To: BIMBC - Mayor And Council Subject: amendment to docks bylaw~~

~~Follow Up Flag: Follow up Flag Status: Flagged~~

~~Dear Mayor and Council~~

I am writing to encourage you to do the right thing, i.e. finish the job you started because of the overwhelming public support to prevent docks from marring the beautiful coastline at Cape Roger Curtis. Yes, the bylaw was too late for a few of the docks that are there - although none of those are ever used and a few are broken and unusable. The recent court case identified a flaw in the bylaw that you are now proposing to correct with this amendment to the docks bylaw.

It is sad to see the docks that are currently there - in full view of what is supposed to be a public swimming beach at the end of CRC lane. They are never used and frankly their only purpose has been for the developer/owner to increase the price by advertising that waterfront properties will be able to dock their boats in front of their homes. As everyone who has lived on Bowen for any length of time knows, this coastline is wide open to high winds and tides that, even in the summer months, make it extremely dangerous to leave a boat moored overnight. Unsuspecting buyers unfamiliar with Bowen do not know that.

This amendment is a response to the court decision that interpreted the current bylaw in a way that was never the intent of the drafters of the bylaw. Clarifying the interpretation to ensure that courts in future will interpret the bylaw in the way it was intended is only good government.

~~Please pass this amendment and finish the job. thank you sincerely~~

~~Nerys Poole Bannister Road~~

~~Page 189 of 224 Tyler Ruggles~~

~~From: Owen Plowman > Sent: March 12, 2018 5:16 AM To: BIMBC - Mayor And Council Subject: Bylaw 445, 2017 (Water General 1 (b) Zone Amendments, Cape Roger Curtis)~~

~~Follow Up Flag: Follow up Flag Status: Flagged~~

~~Dear Mayor and Council,~~

~~I support the above-proposed amendment for the following reasons:~~

• It does not change the intent of the bylaw, but merely clarifies the interpretation of the bylaw; • The bylaw and amendment are in the public interest, especially given the public parks, the foreshore covenant, the public sea walk, and the environmentally sensitive foreshore lands and waters in the area; • The bylaw and amendment are limited in application; • Construction of docks in the area is a ridiculous "Potemkin" exercise and a blight: several are half-built, abandoned, damaged, and unused; • Experienced boaters know that the open water in the area makes for poor moorage; and • There are other options available for moorage.

~~I urge the Municipal Council to enact the amendment.~~

~~Kind regards,~~

~~Owen Plowman Minnows Lane Bowen Island, BC~~

~~Page 190 of 224 Tyler Ruggles~~

~~From: Peter Williamson < > Sent: March 11, 2018 11:20 PM To: BIMBC - Mayor And Council Subject: Comments on Bylaw No. 57, 2002, Amendment Bylaw No. 445, 2017 (Docks)~~

~~Follow Up Flag: Follow up Flag Status: Flagged~~

~~Dear Mayor and Council,~~

~~Please note my comments on Bylaw No. 57, 2002, Amendment Bylaw No. 445, 2017.~~

~~I am very much in support of the proposed bylaw.~~

The Cape Roger Curtis coastline is very dear to the people of Bowen Island and they have, on many occasions, expressed a wish to see it protected. There was tremendous support for the previous docks bylaw when enacted, and the amendments merely clarify the intention of Council at that time and the wish of Bowen Islanders.

Council’s intention to see the Cape Roger Curtis foreshore protected has long been clear to the developers of the land and to those who bought waterfront lots after subdivision. The owners of these lots have no reason to assume that they have any right to docks in the water in front of their properties. To build a dock is not a right, and it is entirely appropriate that Council should regulate development in accordance with the wishes of the people. Furthermore, this coastline is exposed to storms from the West and South, and the existing docks have suffered damage from quite regular weather events. In fact, the damaged docks have been left unrepaired, the floats have been removed, and they are left unusable. Even so, the damage notwithstanding, tying up a vessel alongside any dock at Cape Roger Curtis would be dangerous, to both the docks and the vessel, in anything but calm weather. The existing docks at Cape Roger Curtis, and any proposed docks, serve little purpose other than to inflate the value of the waterfront lots for those future buyers who believe that the docks in this area are usable infrastructure.

~~Arguments that this bylaw somehow threatens the interests of waterfront property owners, in other parts of the island, are spurious. The effect of the bylaw is very clearly limited.~~

~~I urge you to continue your work to protect the coastline and not to be swayed by those urging you to stop. You have the backing of the great majority of Bowen Islanders.~~

~~Yours,~~

~~Peter Williamson.~~

~~Tunstall Boulevard Bowen Island, BC V0N 1G2~~

~~604.947.~~

~~Page 191 of 224 Tyler Ruggles~~

~~From: Peter Wing < > Sent: March 11, 2018 11:12 PM To: BIMBC - Mayor And Council Cc: Claire Weeks; Peter C Wing Subject: Public hearing submission March 12 2018~~

~~Follow Up Flag: Follow up Flag Status: Flagged~~

~~Bowen Bay Road Bowen Island, V0N 1G2~~

~~Dear Mayor Skeels and Bowen Island Council,~~

~~We write in support of Bowen Island Municipality Land Use Bylaw No. 57, 2002, clarifying Amendment Bylaw No. 445, 2017. We are unable to attend the public hearing because we are in Australia.~~

~~As long-term owner and residents on Bowen Island, we are distressed to see that this issue has arisen yet again, because:~~

• The previous bylaw restricting development along the waterfront of the Cape Roger Curtis area of Bowen Island reflected my wishes and those of the majority of established residents on Bowen Island; • the amendment clarifies the interpretation of the bylaw and is needed to avoid ambiguity in its application; • the bylaw (and hence this clarifying amendment) are undoubtedly in the public interest, especially given the public parks, the foreshore covenant, the public sea walk, and the environmentally sensitive nature of the foreshore lands and waters in the area;

Page 192 of 224 • the construction to this date of docks in the area attests to the fact that these are oversized, impractical, unused eyesores which we (as frequent kayakers) know cannot provide effective sheltered moorage; and • there are other options available for moorage and access to the beach and the high-shore properties.

~~Most importantly we feel that these docks are ugly intrusions on an otherwise previously pristine foreshore which should be preserved in perpetuity for the enjoyment of all not a few.~~

~~It is the responsibility of Council to act as stewards of this rare resource by passing this amendment.~~

~~Yours sincerely,~~

~~Claire Weeks Peter Wing~~

~~Sent from my iPhone +1(604~~

~~Page 193 of 224 Tyler Ruggles~~

~~From: Richard Anderson < > Sent: March 12, 2018 10:06 AM To: 'Ken Hallat'; Daniel Martin Cc: 'Bruce Russell'; 'Barbara Hallat' Subject: RE: Against~~

~~I too am against the Cape Roger Curtis dock bylaw amendment and any resulting further lawsuits. Richard Anderson~~

~~-----Original Message----- From: Ken Hallat [mailto: ] Sent: Saturday, March 10, 2018 4:31 PM To: [email protected] Cc: Bruce Russell < >; Barbara Hallat < >; Rich Anderson < > Subject: Against~~

~~I am against the Cape Roger Curtis dock bylaw amendment Not necessary No more lawsuits Too expensive Ken Hallat~~

~~Sent from my iPhone~~

~~Page 194 of 224 Tyler Ruggles~~

~~From: Richard Wiefelspuett < > Sent: March 11, 2018 6:20 PM To: BIMBC - Mayor And Council Subject: Cape Roger Curtis - https://bowenisland.civicweb.net/document/153312~~

~~Follow Up Flag: Follow up Flag Status: Flagged~~

~~Dear Mayor and Council,~~

~~With reference to the meeting on the CRC Dock Bylaw amendment on Momday, 12 March 2018:~~

~~- I support the proposed amendment.~~

~~- The amendment provides further clarification to the interpretation of the bylaw;~~

~~- The bylaw and amendment are in the public interest, especially given the foreshore covenant, the public sea walk and the sensitive eel grass meadows in the waters in the area.~~

~~- Docks at CRC have proven to be a non-sensical idea. The current state of the completey unutilized docks that have been falling apart over the years prove my point.~~

~~I urge the Municipal Council to enact the amendment.~~

~~With kind regards,~~

~~Richard Wiefelspuett Emily Lane Bowen Island, BC, V0N 1G2~~

~~Page 195 of 224 Tyler Ruggles~~

~~From: Bowen Island Municipality Sent: March 12, 2018 9:07 AM To: BIMBC - Mayor And Council Cc: Tyler Ruggles; Daniel Martin Subject: FW: Cape Rogers - Bylaw No. 57, 2002 Amendment Bylaw No.445, 2017~~

~~Follow Up Flag: Follow up Flag Status: Flagged~~

~~From: Rondy Dike < > Sent: Saturday, March 10, 2018 5:07 PM To: Bowen Island Municipality Subject: Cape Rogers - Bylaw No. 57, 2002 Amendment Bylaw No.445, 2017~~

~~RE: Bowen Island Municipality Land Use Bylaw No. 57, 2002 Amendment Bylaw No.445, 2017~~

~~Dear Mayor and Council, I am writing to oppose the exclusions listed in the proposed Amendment to Bylaw No. 57, 2002.~~

~~WE ARE ON AN ISLAND AND NEED DOCKS.~~

~~Rondy Dike PO box Bowen Island~~

~~Page 196 of 224 Tyler Ruggles~~

~~From: Rosemary J. Knight < > Sent: March 11, 2018 9:09 PM To: BIMBC - Mayor And Council Subject: CRC Water Zone amendment~~

~~Follow Up Flag: Follow up Flag Status: Flagged~~

~~Dear Mayor and Council~~

I am writing to express my strongest possible support for the proposed CRC Water Zone amendment. The landowners along the CRC coast own spectacular properties, allowing them to enjoy the views from our island, and giving them easy access to a beautiful coastline. But they do not have a right to build in the beach and marine areas below high tide. In fact it is I, along with all residents of Bowen Island, and the residents of British Columbia who have a right here - the right to access and enjoy this coastline unencumbered by docks and other structures. The proposed amendment is completely in line with our OCP; I urge you to honour this document that describes the shared vision for our island.

~~Sincerely,~~

~~Rosemary Knight Millows Lane Bowen Island~~

~~Page 197 of 224 Tyler Ruggles~~

~~From: Sent: March 12, 2018 1:31 PM To: BIMBC - Mayor And Council Subject: Stop the Docks - Again!~~

~~Follow Up Flag: Follow up Flag Status: Completed~~

Dear Mayor and Council, As I am unable to attend tomorrow’s public hearing on the proposed amendment to the Cape Roger Curtis no-docks bylaw, please accept this email as my written submission on this topic.

~~I am in favour of the proposed amended on the following grounds:~~

- the amendment does not change the intent of the below; it merely clarifies the interpretation of the bylaw; - the bylaw and its proposed amendment are limited in application; - the bylaw and amendment are in the public interest, especially given the public parks, the foreshore covenant, the public sea walk, and the environmentally sensitive foreshore lands and waters in the area; - the notion of constructing docks in the area was never sound - as evidenced by the several half-built, abandoned, damaged, unused docks along the coast of the Cape; - there are other options available for moorage.

~~I urge the Municipal Council to enact the amendment.~~

~~Thank you! Ruta~~

~~RUTA YAWNEY, MA, RCC, FAMI Psychotherapist Registered Clinical Counsellor Orchard Recovery Centre and~~

~~West Vancouver, BC, V7V 3R8 cell: 604. skype:~~

~~"Your vision will become clear only when you look into your heart. Who looks outside dreams. Who looks inside, awakens"...C. Jung~~

~~Page 198 of 224 Re. CRC Water Zone Amendment~~

~~Dear Mayor and Council,~~

I am away in Toronto and cannot attend today’s meeting, March 12 but please accept this letter as my written submission. It has just come to my attention that there is some push back against the proposed amendment to the CRC Water Zone Bylaw – which is hard to fathom after all the work that has been done.

I wish to say that I support the bylaw and this amendment which I believe are in the public interest for CRC foreshore. For several reasons, environmental and commonsense and aesthetic, this is NOT a place for docks. They never should have been built here. I walk here often and watch these oversized docks regularly get pounded and broken by bad weather.

~~I ask that you enact the amendment.~~

~~Thank you,~~

~~Susan Alexander Whitesails Drive, Bowen Island, BC V0N 1G2~~

~~Page 199 of 224 Tyler Ruggles~~

~~From: Tamsin Miley > Sent: March 11, 2018 10:15 PM To: BIMBC - Mayor And Council Subject: Re CRC Water Zone Amendment~~

~~Follow Up Flag: Follow up Flag Status: Flagged~~

~~Dear Mayor and Council,~~

~~As I am unable to attend tomorrow’s public hearing on the proposed amendment to the Cape Roger Curtis no-docks bylaw, please accept this email as my written submission on this topic.~~

~~I am in favour of the proposed amendment on the following grounds:~~

~~• the amendment does not change the intent of the bylaw; it merely clarifies the interpretation of the bylaw;~~

~~• the bylaw and its proposed amendment are limited in application;~~

~~• the notion of constructing docks in the area was never sound – as evidenced by the several half-built, abandoned, damaged, unused docks along the coast of the Cape;~~

~~• experienced boaters know that the open water in the area makes for poor moorage; and~~

~~• there are other options available for moorage.~~

~~I urge the Municipal Council to enact the amendment.~~

~~Many thanks,~~

~~Tamsin~~

~~Tamsin Miley unstall Boulevard Bowen Island, BC V0N 1G2 Tel: 604~~

~~Page 200 of 224 Tyler Ruggles~~

~~From: Bowen Island Municipality Sent: March 12, 2018 8:49 AM To: BIMBC - Mayor And Council Cc: Tyler Ruggles Subject: FW: Opposed to Bylaw 445-2017 at Cape Roger Curtis~~

~~-----Original Message----- From: tanis layzell < > Sent: Sunday, March 11, 2018 9:37 AM To: Bowen Island Municipality Subject: Opposed to Bylaw 445-2017 at Cape Roger Curtis~~

~~Dear Mayor and Council,~~

~~I am against the proposed Bylaw 445-2017 at Cape Roger Curtis.~~

~~There is a limit of only 5 docks and CRC will win again a costly legal case.~~

~~Thank you.~~

~~Tanis~~

~~Page 201 of 224 Tyler Ruggles~~

~~From: Tarla Curran > Sent: March 12, 2018 10:12 AM To: BIMBC - Mayor And Council Subject: Docks Bylaw~~

~~Follow Up Flag: Follow up Flag Status: Flagged~~

I support the amendment to the Bylaw to strengthen it. The arguments by owners of waterfront property for maintaining their right to build docks to enhance their property values, is transparently self-serving, and ignores the public interest, as well as the aesthetic features of a natural shoreline. The current docks at Cape Roger Curtis stick out like sore thumbs insults to the beauty of the natural shoreline. Let’s protect our shoreline for current and future generations.

~~Tarla Curran Adams Road~~

~~Page 202 of 224 Tyler Ruggles~~

~~From: Tarrnie Williams Sent: March 11, 2018 11:37 AM To: BIMBC - Mayor And Council Cc: Bowen Island Municipality Subject: Cape Roger Curtis Bylaw 445-2017 amendment~~

~~Follow Up Flag: Follow up Flag Status: Flagged~~

~~Dear Bowen Island Mayor and Council,~~

~~I am a resident and am fortunate enough to have owned a property on Bowen Island for close to 20 years.~~

~~I am strongly opposed to the proposed amendment as it is unnecessary, discriminatory, and if passed will likely subject the municipality to excessive legal expenses.~~

I am copying, below, the summary from Bob McCaskills brilliantly worded email of March 10, to yourselves, (which fortuitously found its way to my in-basket). I urge you to read his missive again and again and hopefully agree with his conclusions, as there is no way I could express my thoughts, or many of my friends and neighbours thoughts, better (emphasis below is mine). Bob does not know I am doing this and I hope he will forgive me for plagiarizing his words.

~~The Bylaw Recommendation document contains, under the heading “Financial Implications”, the assertion that “this application is not anticipated to have financial impacts for the municipality”.~~

~~Really? On the heels of the substantial legal costs already incurred by the municipality in its last failed bylaw attempt, which ended in defeat at the Court of Appeal?~~

~~So what should happen next?~~

~~Council has many worthwhile initiatives on it’s plate - this is not one of them.~~

~~Please defeat this bylaw.~~

~~Your’s truly,~~

~~Tarrnie Williams~~

Page 203 of 224 !"#$%&'(#")!*# # +,-./#012%/3#$4/5'56%2578# 9*!#:&751%/#;%/.# +,-./#012%/3<#+=###>)?#!@"# # :77/A# $%8,&#%/3#=,4/'52# B.A## +,-./#012%/3#$4/5'56%2578#;%/3#C1.#+82%-#?,D#EF<#"))"<#:G./3G./7#+82%-#?,D#HHE<#")!F# # # 0#%G#-&575/I#5/#,66,1575,/#7,#7(.#6&,6,1.3#+,-./#012%/3#$4/5'56%2578#;%/3#C1.#+82%-#?,D#EF<#"))"<# :G./3G./7#+82%-#?,D#HHE<#")!FD# # 0J#=,4/'52#J..21#7(.#',GG4/578#51#522#1.&K.3#L8#7(.#'4&&./7#&.I42%75,/1#&.I%&35/I#41.#,J#%/3#%''.11#7,#7(.# 1(,&.25/.#,J#+,-./#012%/3<#%#65.'.G.%2#%66&,%'(#7,#%/8#/.-#&.I42%75,/1#-,423#1..G#7,#L.<#%7#L.17<# 1(,&715I(7.3#%/3<#%7#-,&17<#351'&5G5/%7,&8D#M(,423#/,7#%#&.K5.-#,J#7(.#-(,2.#,J#7(.#512%/3N1#1(,&.25/.#L.# 4/3.&7%O./#L.J,&.#6&,6,15/I#%/8#/.-#L82%-<#.16.'5%228#,/.#1,#',/7&%&8#7,#7(.#&.I42%7,&8#(517,&8#%/3# (517,&5'#41.#,J#,4(,&.25/.P# # Q4&7(.&<#I5K./#7(.#14''.11#,J#7(.#2.I%2#'(%22./I.#7,#=,4/'52N1#6&.K5,41#L82%-<#0#(%K.#1.&5,41#',/'.&/1# %L,47#7&.%75/I#=%6.#B,I.&#=4&751#%1#351'&.7.#R#%6%&7#%/3#3.7%'(.3#J&,G#7(.#&.17#,J#7(.#512%/3#R#.K./# 7(,4I(#57#G%8#L.#-57(5/#7(.#S4&5135'75,/#,J#=,4/'52#7,#3,#1,D#07#,6./1#=,4/'52#7,#7(.#6.&'.675,/#%/3# 6.&(%61#7,#%#2.I%2#'(%22./I.#7(%7#57#51#%'75/I#5/#%#351'&5G5/%7,&8#%/3#.K./#64/575K.#J%1(5,/D# # 0#4&I.#=,4/'52#/,7#7,#6&,'..3#-57(#7(51#6&,6,1.3#L82%-D# # M5/'.&.28<# # T5G#B(,3.1# #>522%I.#U&5K.# +,-./#012%/3<#+=###>)?#!@!#

~~Page 204 of 224 Tyler Ruggles~~

~~From: Bowen Island Municipality Sent: March 12, 2018 8:43 AM To: BIMBC - Mayor And Council Cc: Tyler Ruggles Subject: FW: Bylaw 445, 2017 (Water General 1 (b) Zone Amendments, Cape Roger Curtis)~~

~~From: Wendy Seale-Bakes < > Sent: Monday, March 12, 2018 7:04 AM To: Bowen Island Municipality Subject: Bylaw 445, 2017 (Water General 1 (b) Zone Amendments, Cape Roger Curtis)~~

~~Dear Mayor and Council,~~

I support the proposed amendment (Bylaw 445, 2017 - Water General 1 (b) Zone Amendments, Cape Roger Curtis). The amendment does not change the intent of the bylaw, it merely clarifies the interpretation of the bylaw;

• the bylaw and amendment are limited in its application; • the bylaw and amendment are in the public interest, especially given the public parks, the foreshore covenant, the public sea walk, and the environmentally sensitive foreshore lands and waters in the area; • the construction of docks in the area is folly: standing as witnesses to that fact are the several half-built, abandoned, damaged, unused docks in the area; • experienced boaters know that the open water in the area makes for poor moorage; and • there are other options available for moorage.

~~I strongly urge the Municipal Council to enact the amendment.~~

~~Best regards,~~

~~Wendy Seale-Bakes Eves Road~~

~~Page 205 of 224 Tyler Ruggles~~

~~From: Will Husby < > Sent: March 12, 2018 11:39 AM To: BIMBC - Mayor And Council Subject: Cape Roger Curtis Water Zone Amendment~~

~~Dear Mayor and Council~~

Thank you for bringing forward the issue of private docks at Cape Roger Curtis and proposing a straightforward and clear resolution to the matter by way of Bowen Island Municipality Land Use Bylaw No.57, 2002 Amendment Bylaw No. 381-2015 (Bylaw 381-2015).

I support the proposed amendment: • it is in the public interest: protecting access by all and works to protect delicate ecological values such as ecologically sensitive foreshore intertidal and subtidal environments • it clarifies the interpretation of the bylaw

~~Thanks so much for continuing to work for the long term public good of our community of Bowen Island.~~

~~Will Husby~~

~~Page 206 of 224 Mayor and Council Bowen Island Municipality Bowen Island, BC V0N 1G0~~

~~Dear Mayor and Council:~~

~~RE: Land Use Bylaw No. 57, 2002, Amendment Bylaw No. 445, 2017~~

~~As property owners on Bowen Island, we are strongly opposed to the proposed bylaw amendment.~~

~~Restricting the construction of docks on one small part of the island, when there are many elsewhere, is unfair and discriminatory.~~

~~We believe that recreational infrastructure such as docks and piers can coexist with a healthy environment, as they have for years on Bowen Island.~~

~~I urge Mayor and Council to reject the proposed bylaw amendment.~~

~~Sincerely,~~

~~______~~

~~ZHAO SONG, CFO~~

~~ZONGSHEN (CANADA) ENVIRONTECH LTD. Suite Canada Place, Vancouver, BC Canada V6C 3E2~~

~~Page 207 of 224 Tyler Ruggles~~

~~From: ALLENE DRAKE < > Sent: March 12, 2018 5:21 PM To: BIMBC - Mayor And Council Subject: Council meeting tonight~~

~~Follow Up Flag: Follow up Flag Status: Flagged~~

~~To the Bowen Island Mayor and Council~~

~~Along with a large proportion of the residents of this island, I am writing in support of proposed amendment Bylaw 445, 2017.~~

Construction of docks is a danger to the foreshore and the environmentally sensitive grasses and sea life inhabiting the area. Even with the strongest construction they are liable to break down under the strong forces of wind and rain and the strength of waves and currents. I am a waterfront homeowner and have watched two docks on adjoining properties disintegrate with time, lack of use and and maintenance. A recently constructed deck nearby has blown out to sea during winter storms this year.

The beaches of Bowen deserve to be protected for the enjoyment of the population. We already know that the allure of Bowen for tourism is the beauty of its natural surroundings. We should work to keep our beaches safe and accessible for local residents and visitors to enjoy.

~~Thank you for your attention Allene Drake~~

~~Page 208 of 224 Tyler Ruggles~~

~~From: Bowen Island Municipality Sent: March 12, 2018 3:40 PM To: BIMBC - Mayor And Council; Daniel Martin Cc: Tyler Ruggles Subject: FW: AMENDMENT BYLAW 445, 2017~~

~~Follow Up Flag: Follow up Flag Status: Flagged~~

~~-----Original Message----- From: Bud Long < > Sent: Monday, March 12, 2018 3:36 PM To: Bowen Island Municipality Subject: AMENDMENT BYLAW 445, 2017~~

~~BOWEN ISLAND MUNICIPALITY:~~

~~ATTENTION MAYOR AND COUNCIL~~

The draft bylaw explains that “...the Council of the Municipality wishes to minimize the impacts from development in the Cape Roger Curtis area and to protect the scenic values of that area”. That sounds rather curious: compared to huge swathes of the rest of the Island, the Cape’s development looks pretty damned good. If Council is to be in the business of “minimizing impacts from development”, there are many, many more obvious places to start.

Further, If there are many Bowen residents who would actually take offence at things like wharfs and mooring buoys that are next to a private property like the Cape, then I respectfully suggest they do their walking on the large public spaces on the island that include substantial stretches of shoreline. And if they need more trails in those areas, then let the municipality make them or at least give volunteers the authority to make them.

In any case, the proposed bylaw will make it illegal in the Cape to have the very “structures, facilities and uses” that elsewhere on Bowen - and for that matter in much of the rest of the world - have long been a common, unchallenged part of living close to the water. Thus, there has been every good reason for the Cape developer and lot owners to expect that the things that are now to be prohibited would in fact remain perfectly legal. But no, that won’t happen if this bizarre bylaw is approved. This could well lead to many legal challenges - ones that might impose, on Bowen taxpayers, costs that are far in excess of the mere $150,000 or so of legal fees that a self-confident council majority recently laid at our feet.

~~But even if legality were not an issue, I believe very strongly that common morality and a sense of fair play would preclude this proposed bylaw.~~

~~Bud Long~~

~~Page 209 of 224 Caroline M.M. Orr~~

~~March 6, 2018~~

~~To Mayor and Council Bowen Island Municipality Bowen Island, BC VONIGI~~

~~Dear Mayor and Council:~~

~~Rc: Bvlaw 445 2017 ( Water General I (bl Zone Amendments Cane Roger Curtis)~~

~~I am writing to register my opposition to the above Amendment.~~

My disagreement to this Amendment borders on embarrassment for the continual harassment some on Bowen Island have shown toward the owners of Cape Roger Curtis. These owners have complied with constantly moving conditions set by Council and now, trying to impose further restrictions on their property to my mind, seems a vindictive assault on their rights.

They have created a magni?cent and safe sea walk along their coastline. Prior to the paths and bridges built by them, making your way down to the lighthouse over fallen trees was seldom undertaken by any but the very young and agile. Now it is enjoyed by Bowen Islanders of all ages, as well as visitors from the Lower Mainland. How can we. as neighbours, not be grateful and happy about this.

Docks and mooring buoys have a positive effect on the return of the herring to Howe Sound, which, in turn, has brought the dolphin and orca back to our area in greater numbers. To quote Dr. Denis Lynn, Marine Biologist, Bowen Island, “. . . these pilings, properly covered, are appropriate habitat on which herring can lay their eggs —— docks are partly enabling us to help in the recovery of the species to Howe Sound”.

~~All of us here choose to live surrounded by water ~ let’s allow our neighbours to enjoy their property.~~

~~'ncerely,~~

~~Caroline Orr~~

~~- Capt. Cakes Walk, Bowen Island, BC VON IG1~~

~~Page 210 of 224 Denis Lynn~~

~~Page 211 of 224 Page 212 of 224 Page 213 of 224 Tyler Ruggles~~

~~From: Ian Henley < > Sent: March 12, 2018 4:33 PM To: BIMBC - Mayor And Council Subject: Dccks Bylay 554~~

~~Follow Up Flag: Follow up Flag Status: Flagged~~

~~To the Mayor , Council and particularly the Councillors referred to herein.~~

Joan and I have had the privilege of residing on waterfront property in Tunstall Bay for almost 50 years and we have a mooring buoy. We have enjoyed the CRC lands many times, frequently with guests, but, always aware that we were privileged to enjoy that wonderful place. I n the early 80;s I was chair of the Advisory Planning Committee. One of the concerns we has what to do with CRC. It was decided that Bowen should put CRC in a 10 acre zone. We expected that owners of the land would develop it pursuant to a Comprehensive Development Plan. Our recommendations. were adopted by the GVRD – Bowen was not a municipality at that time.

There is a 4/3 split on Council. Among the four proponent I believe that two of them may read the material and listen to the submissions at this meeting and possibly decide not to support the proposed bylaw. So, I ask you both to listen or read what I have to say as follows:

When I first heard of this activity by Council I was very angry But after I chanced to listen to Ann Mort fee sing about anger I decided to change my approach and say “I am sorry”. Yes, indeed, I AM SORRY so many friends and others are forced to battle one another.

~~I AM SORRY That so many otherwise reasonable people think they have a right to use property just because they had been allowed to trespass for many years.~~

I AM SORRY That after asking the Owners to submit a Neighbourhood Plan that incurred many millions of cost to the Owners, and, was approved by the Islands Trust, staff, many consultants and created park on half the land on virtually all the waterfront including the areas in question. Council dismissed the application.

~~I AM SORRY the owners did not start an action against The Muni for damages because of unfairness.~~

~~I AM SORRY because if this bylaw is passed, how many other docks and buoys will be at risk?~~

~~I AM SORRY my taxes are being used to pay legal costs costs of over $150,000 in previous lawsuit.~~

~~Page 214 of 224 I AM SORRY that if this bylaw is passed there will be another lawsuit where the costs will easily exceed the previous amount. One way or another the Muni will not win.~~

~~I hope you will reconsider your position and vote against the bylaw,to avoid being SORRY~~

~~Thank you~~

~~Ian Henley Adams Road Bowen Island, BC V0N1G2 604 947~~

~~Right-click or tap and hold here to download pictures. To help protect your privacy, Outlook prevented au tomatic download of this picture from the Internet. Virus-free. www.avast.com~~

~~Page 215 of 224~~

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~~Page 216 of 224 To: Mayor & Council March 12, 2018. Bowen Island, B.C.~~

I have not voiced an opinion on the Cape Roger Curtis docks to date. I have read the Court of Appeal decision concerning the previous bylaw, and understand the reasons for overturning the Supreme Court decision.

I agree with the premise that local governments can and should govern matters concerning docks in intertidal zones, in particular for the protection of the seabed, with aesthetics of considerable concern but more dif?cult to regulate. Similarly, regulations need to be unambiguous, reasonable and fairto all parties, including the community, and not necessarily with private land owners having supremacy.

The location, size, damage (starting with installation but ongoing) and the overall vulnerability of the existing docks at the Cape, considered separately and together, are serious and valid concerns for the community, and Iwould think for the owners although that seems to get lost in the debate. I would ask this Council to put themselves in the position of protecting the wider community concerns over those of the private owner.

~~Similarly, the amenities provided in the area (parks, walkways, foreshore covenants) would bene?t from an enforceable bylaw which I believe is what this amendment will achieve.~~

~~This amendment helps clarify the intent of the original bylaw and answers the issues raised in the Court of Appeal decision concerning this matter.~~

~~I support the proposed amendment and urge Council to enact the amendment.~~

~~._VON 1G0~~

~~Page 217 of 224 Tyler Ruggles~~

~~From: Louise Loik Sent: March 12, 2018 1:39 PM To: BIMBC - Mayor And Council Subject: Stop the docks!~~

~~Follow Up Flag: Follow up Flag Status: Flagged~~

~~Dear Mayor and council,~~

I am writing to express my full support for the proposed Amendment to Bylaw No. 445, 2017. In terms of ecosystems, marinelife and the local community, the island's greater good is well served with bylaws such as this one being tabled today. Thank you,

~~Louise Loik~~

~~Sent from my Phone~~

~~Page 218 of 224 Tyler Ruggles~~

~~From: Marty Levenson < > Sent: March 12, 2018 3:15 PM To: BIMBC - Mayor And Council Subject: Re CRC Water Zone Amendment~~

~~Follow Up Flag: Follow up Flag Status: Flagged~~

~~Dear Mayor and Council,~~

~~As I am unable to attend tomorrow's public hearing on the proposed amendment to the Cape Roger Curtis no-docks bylaw, please accept this email as my written submission on this topic.~~

~~I am in favour of the proposed amendment on the following grounds:~~

* the amendment does not change the intent of the bylaw; it merely clarifies the interpretation of the bylaw;

* the bylaw and its proposed amendment are limited in application;

* the notion of constructing docks in the area was never sound - as evidenced by the several half-built, abandoned, damaged, unused docks along the coast of the Cape;

* experienced boaters know that the open water in the area makes for poor moorage; and

* there are other options available for moorage.

~~I urge the Municipal Council to enact the amendment.~~

~~Many thanks,~~

~~Marty~~

~~Marty Levenson registered art therapist~~

~~604.9 ______~~

~~Page 219 of 224 Tyler Ruggles~~

~~From: Peter Rankin < > Sent: March 12, 2018 5:21 PM To: BIMBC - Mayor And Council Subject: Roger Curtis~~

~~Follow Up Flag: Follow up Flag Status: Flagged~~

Bowen Island Council I would like to take this time to give my formal objection to the proposed BIM land use bylaw regarding the Roger Curtis waterfront. I feel that it discriminates against the owners of those lots ,and is very questionable. Why does this council continue to try to go forward with this amendment ? I believe this would lower their property value ,and I would be very surprised if the owners of these properties would accept this amendment without seeking legal action.Why is Roger Curtis being continually single out and not the rest of the island. Meaning why is it ok for everyone else to own a dock or mooring, isn't this a double standard.?This is the second time that those docks have been questioned. I believe it has already cost Bowen Island tax payer's too much!

~~Please rescind ,~~

~~Sincerely ,~~

~~Peter Rankin~~

~~WhiteSails Drive~~

~~Page 220 of 224 Tyler Ruggles~~

~~From: Teresa Plowright < > Sent: March 12, 2018 2:52 PM To: BIMBC - Mayor And Council Subject: FW: Docks at Cape Roger Curtis~~

~~Follow Up Flag: Follow up Flag Status: Flagged~~

Dear Mayor and Council: Thank you for taking measures to protect against additional docks being built at Cape Roger Curtis. As I understand it, there’s been a loophole and some initial mis-steps that have led us to the current situation, and I support any remedial actions that would prevent additional docks.

I would also support actions that lead to the removal of existing docks (for example, by asking the BC government not to renew water licenses when they expired.) My recollection is that these water licenses were given by the government in the first place because of error by the Bowen Island Council of the day…? In any case, some of the docks have been built where they shouldn’t be: either they are above the high-water mark, or they are in environmentally sensitive marine habitats. Also, several of the docks are damaged, and will continue to be damaged because of the rough sea conditions. (Not to mention that all of them are docks without ever a boat to be seen.)

Finally, just to repeat a point… There’s always been a “public interest” in the enjoyment of the foreshore, in the current development of the 59 lots. It pains me to think back to the time when the long – and costly for the developers — process of seeking approval for a plan that included a large park abruptly cratered. Yet that’s what happened... And what public access we’re left with is immensely important and cherished. But the docks were built with little consideration of their effects on the natural beauty meant to be enjoyed by all. I also well remember when, along one part of the public trail, two stretches of double-sided chainlink fencing were erected, plus a very long section of cedar hedging right beside the trail which blocked the enjoyment of the view.

I honestly believe that – even for the landowners at Cape Roger Curtis – it isn’t in anyone’s interest to have this series of unused and frequently damaged docks diminishing the wild beauty of Cape Roger Curtis. The true public interest – to be enjoyed by owners and others alike – is to protect the unfettered views of nature that made the Cape the jewel of the island.

~~Best wishes,~~

~~Teresa Plowright~~

~~Page 221 of 224 Public Hearing Meeting January 22, 2018~~

~~DRAFT BOWEN ISLAND MUNICIPALITY A video recording of this meeting may be viewed at the following link: View Video~~

~~Minutes of the Public Hearing of Bowen Island Municipal Council held January 22, 2018 at Municipal Hall, 981 Artisan Lane, Bowen Island, B.C.~~

~~COUNCIL IN ATTENDANCE Acting Mayor Gary Ander Councillor Sue Ellen Fast Councillor Melanie Mason Councillor Alison Morse Councillor Maureen Nicholson~~

STAFF IN ATTENDANCE Kathy Lalonde, Chief Administrative Officer Tyler Ruggles, Council Clerk (Minute Taker) Bonny Brokenshire, Manager of Parks & Environment, Senior Bylaw Officer Daniel Martin, Island Community Planner

~~OTHERS IN ATTENDANCE 11 Members of the Public* (* denotes partial attendance) REGRETS Mayor Murray Skeels Councillor Michael Kaile~~

~~OPENING OF PUBLIC The Acting Mayor called the meeting to order at 11:30 AM. HEARING~~

~~PUBLIC HEARING Acting Mayor Ander described the procedure for the Public Hearing.~~

~~PROCEDURE~~

PRESENTATION Daniel Martin, Manager of The Island Community Planner presented via PowerPoint Planning and Development presentation an overview of the proposed zone amendment, Water re: Overview of Land Use General 1 (b), Land Use Bylaw No.57, 2002, Amendment Bylaw Bylaw No.57, 2002, No.445, 2017, for Cape Roger Curtis. Amendment Bylaw No.445, 2017.

~~Page 1 of 3~~

~~Page 222 of 224 Public Hearing Meeting January 22, 2018~~

~~PUBLIC HEARING Acting Mayor Ander called for public input (verbal and written SUBMISSSIONS/INPUT submissions). Call for Public Input:~~

~~Mr. Cro Lucas Mr. Lucas spoke in opposition to the proposed Cape Roger Curtis Water Zone Bylaw amendment.~~

~~Mr. Rondy Dyke Mr. Dyke spoke in opposition to the proposed Cape Roger Curtis Water Zone Bylaw amendment.~~

~~Mr. Murray Atherton Mr. Atherton spoke in opposition to the proposed Cape Roger Curtis Water Zone Bylaw amendment.~~

~~Mr. Peter Williamson Mr. Williamson spoke in favour of the proposed Cape Roger Curtis Water Zone Bylaw amendment.~~

Acting Mayor Ander called a second time for any further submissions. Acting Mayor Ander called a third and final time for any further submissions regarding Land Use Bylaw No.57, 2002, Amendment Bylaw No.445, 2017.

~~Written submissions received a. Bruce Russell re Cape Roger Curtis Water Zone Amendment, as of 11:46 AM, January 22, dated January 19, 2018 2018~~

~~b. Cro Lucas re Cape Roger Curtis Water Zone Amendment, dated January 19, 2018~~

~~c. Haig Farris re Cape Roger Curtis Water Zone Amendment, dated January 19, 2018~~

~~d. Jim Wright re Cape Roger Curtis Water Zone Amendment, dated January 19, 2018~~

~~e. Murray G. Atherton re Cape Roger Curtis Water Zone Amendment, dated January 18. 2018~~

~~f. Erwen & Patricia Smith re Cape Roger Curtis Water Zone Amendment, dated January 21, 2018~~

~~g. Don Ho, The Cape on Bowen Community Development Ltd., CEO re Cape Roger Curtis Water Zone Amendment, dated January 21. 2018~~

~~h. Alan M. Hetherington re Cape Roger Curtis Water Zone Amendment, dated January 20. 2018~~

~~i. Don MacLean re Cape Roger Curtis Water Zone Amendment, dated January 22. 2018~~

~~j. Oydis Nickle, Union Steamshipo Company Ltd., General Manager re Cape Roger Curtis Water Zone Amendment, dated January 22. 2018~~

~~Page 2 of 3~~

~~Page 223 of 224 Public Hearing Meeting January 22, 2018~~

~~k. Tanis Layzell re Cape Roger Curtis Water Zone Amendment, dated January 22. 2018~~

~~l. Michael and Claire Rushton re Cape Roger Curtis Water Zone Amendment, dated January 22, 2018~~

~~m. John Dowler re Cape Roger Curtis Water Zone Amendment, dated January 22, 2018~~

~~n. Don Ho re Cape Roger Curtis Water Zone Amendment, dated January 21. 2018~~

CLOSURE/ADJOURNMENT It was Moved and Seconded OF THE PUBLIC HEARING That all written and verbal submissions regarding Land Use Bylaw RES#18-26 No.57, 2002, Amendment Bylaw No.445, 2017 up to and including January 22, 2018 be received and that the Public Hearing be adjourned. CARRIED UNANIMOUSLY

~~The meeting adjourned at 11:46 AM.~~

~~PUBLIC HEARING Background Information re: Land Use Bylaw No.57, 2002, BACKGROUND Amendment Bylaw No.445, 2017 can be viewed HERE.~~

~~INFORMATION~~

~~Certified Correct:~~

~~______Gary Ander, Acting Mayor Tyler Ruggles, Council Clerk~~

~~Page 3 of 3~~

~~Page 224 of 224~~