Islands Trust Executive Committee

- Islands Trust Executive Committee

- Bowen Island Municipal Council September 10, 2012 1:00 p.m. – 5:00 p.m. Bowen Island

Agenda

The Islands Trust Area History The Islands Trust today • The act • The object • Political structure • Islands Trust Policy Statement The Islands Trust Area

• 5200 square kilometers • 13 major islands • over 450 smaller islands • 25,000 people • Originally established in 1974 History of the Islands Trust Area

• Area inhabited for 2000-3000 years by the Coast Salish people • First visited by Spanish explorers in late 17th century • Settlement in the mid 1800s by farmers, loggers and fishermen Why was the Islands Trust created?

1960s: • Booming Canadian economy • BC Ferries was created • Improved access • Growing concerns on the islands about unregulated development A Tipping Point • Magic Lake Estates subdivision was created on North Pender • Small lot subdivisions are created on many other islands around this time • Chambers of Commerce on several islands request land use regulation • 1969 – province adopts a ‘ten acre freeze’ •In the 4-month window before the freeze was in force, 2500 additional lots were created in the Islands Trust Area

The Islands Trust is created and evolves... • 1974 – Islands Trust Act enacted • Mandate to preserve and protect… • 1977 – The province amends the Islands Trust Act to make structural changes and increase local decision- making powers • 1982 – Municipal Affairs Minister Bill Vanderzalm introduces Land Use Act • It would have eliminated the Islands Trust. • Withdrawn after widespread public protest. 1989 – the next milestone

• The Province amends the Islands Trust Act to create the current structure. • The boundaries of the Islands Trust Area are maintained • The provincial ‘object’ (mandate) is maintained. • Governance structure and 16 corporate bodies are established, along with specific powers and duties • Islands Trust Fund is enabled • Potential for municipalities is created • A Policy Statement is required and all LTC and municipal bylaws must comply with it

The Island Trust today Enabling Legislation

Community Charter

Local Other Government provincial Act legislation

Islands Trust Act The Islands Trust ‘Object’

“The object of the Trust is to preserve and protect the Trust Area and its unique amenities and environment for the benefit of the residents of the Trust Area and of British Columbia generally, in cooperation with municipalities, regional districts, improvement districts, other persons and organizations and the government of British Columbia.” The Islands Trust Act The Islands Trust object

The object provides the ‘purpose’ for all Islands Trust corporate bodies For example (s. 24): “For the purpose of carrying out the object of the trust, each local trust committee may…”

Islands Trust Governance Structure

• The Islands Trust Act creates 16 autonomous corporate bodies and gives specific duties and powers to each: • Trust Council • Executive Committee • 13 Local Trust Committees • Trust Fund Board • The Islands Trust Act also gives specific duties to Island Municipalities Islands Trust Functions Trust Wide Local

Trust Council (and Executive Committee) Islands Trust policies Provincial advocacy and Local Trust Committees cooperation Community land use planning Administrative and support Land use regulation functions Development management …in cooperation with others Trust Fund Board Acquires and manages land The Islands Trust Council

Typical Trust Council work

• Adopt the Islands Trust’s annual budget • Adopt and implement a Strategic Plan • Establish policies for the Islands Trust Area • Influence provincial policies and decisions • Participate in an on-going exchange about island issues

More Trust Council activities

• Hearing from islanders • Developing tool kits and model bylaws to help local trust committees and island municipalities address common issues 3 standing committees of Council Some examples of their work…

Financial Local Trust Planning Planning Programs

Affordable Marine Recommends housing and food advocacy annual budget security toolkits Mapping Indicators Oversees programs audit study Bylaw Financial enforcement Encouraging policies Riparian Areas community Regulation stewardship

Executive Committee’s Role

• ‘Day to day’ management of the Islands Trust • Considers approval of bylaws of LTCs and Island Municipalities • Facilitates strategic planning • Communications • Intergovernmental liaison and advocacy • Liaison with management

More about the Executive Committee

• Members chair each Local Trust Committee • Act as a Local Trust Committee for the Ballenas/Winchelsea islands • Prepare for Council meetings • Other duties assigned by Trust Council

Local Trust Committees (LTCs)

• The Islands Trust area is divided into: • 13 local trust areas • 1 island municipality • Each local trust area has a local trust committee with responsibility for land use planning and regulation • Islands Trust Act transfers jurisdiction from regional districts • Much of the work of the Islands Trust is undertaken by local trust committees LTC Structure

Local Trustee

Executive Committee Local Trustee Member (Chair)

Local Trust Committee What do LTCs do?

• Regulate the development and use of land • Develop, adopt and implement Official Community Plans through community consultation • Develop, adopt and implement land use bylaws • Zoning, subdivision servicing • Other land use regulations (parking, signage) • Respond to land use applications

What does the Islands Trust Act say about Island Municipalities ? THEY MUST: • Have regard for the object of the Trust in adopting a bylaw or issuing a permit or license • Submit Official Community Plan bylaws for approval • Have bylaws consistent with Islands Trust Policy Statement • Have Municipal Trustees on Trust Council • Contribute to financial requisitions for the operations of Trust Council

Significance of the Policy Statement

Islands Trust Act

Islands Trust Policy Statement Official Community Plans

Land use bylaws Somewhat similar to a Regional Growth Strategy in other parts of BC An RGS doesn’t apply within the Trust Area Islands Trust Policy Statement

• The Islands Trust Act requires Trust Council to adopt a policy statement • The current policy statement was adopted in 1994 after extensive public process and ministerial approval • All island land use bylaws must be consistent with the Islands Trust Policy Statement • Includes policies to achieve the Islands Trust object • Three main goals identified • Ecosystem protection • Stewardship of resources • Healthy and sustainable communities

Goal 1: To foster the preservation and protection of ecosystems

• Identify and protect environmentally sensitive ecosystems • Plan for a network of protected areas • Protect unfragmented forest ecosystems • Freshwater bodies • Coastal and marine ecosystems

Goal 2: To ensure that human activity and the scale, rate and type of development are compatible with the maintenance of integrity of ecosystems

• Preserving and protecting agricultural land and farming • Sustainable forestry • Fish and wildlife • Freshwater resources • Marine and coastal areas • Soils and other resources Goal 3: To sustain island character and healthy communities • Aesthetic qualities • Growth and development • Transportation and utilities • Disposal of waste • Recreation • Cultural and natural heritage • Economic opportunities • Health and well-being Examples of policies

• Islands Trust Policy Bowen Island Statement Official Community Plan

4.4.2 Local trust committees and • Objective 121 - To protect and island municipalities shall, in their maintain the quantity and official community quality of water used for plans and regulatory bylaws, domestic purposes. address measures that ensure: • neither the density nor intensity of land use is increased in areas which are known to have a problem 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. A few clear prohibitions

• No development within 300 m of Crown islets • No artificial reefs • No finfish farms • No bridges • No destination casinos

Questions so far? Agenda

• Islands Trust – Bowen Island Municipality • Required by Bowen Island Municipality letters patent • Adopted in July 2000, revised in 2010 • Approved by Minister of Community Sport and Cultural Dev. • Recognizes shared responsibility to carry out the object of the Islands Trust Act • Agreed upon principles • Notice period for Policy Statement amendments • Financial arrangements (based on Islands Trust Act) • Administrative arrangements • Initiatives with others • Communications • Reviewed annually at a joint meeting

Agenda

Typical BC Process Islands Trust Area Process

Draft Bylaw Draft Bylaw 1st Reading Public Public Hearing Hearing (before 3rd (before 3rd reading) reading)

2nd Reading 2nd Reading

3rd Reading 3rd Reading

Regional District Approval Islands Trust Approval (re Regional Context Statement) (re Islands Trust Policy Statement)

Adoption Adoption Bowen Island Municipality OCP Bylaw Approval Process

When a bylaw is in BIM gives 1st Reading to a IT Executive Committee development, IT and BIM proposed OCP bylaw and determines proposed staff may have informal sends it to IT Executive bylaw is consistent with discussions to identify and Committee for comment the Islands Trust Policy resolve potential concerns before Public Hearing Statement (ITPS)

BIM holds Public Hearing BIM sends bylaw to Islands IT Executive Committee regarding the OCP bylaw Trust Executive Committee approves bylaw and BIM and gives 2nd and 3rd for approval adopts it reading Review of other bylaws

• Outlined in s. 15.0 to 15.1 of Bowen Island Municipality Letters Patent • If a non-OCP bylaw refers to a matter addressed in the Islands Trust Policy Statement, bylaw must be referred to Islands Trust prior to third reading • Islands Trust must advise of any objections within 45 days • If objections are identified, BIM must notify Minister • Minister may provide advice or direction, or may require BIM and IT to resolve issue through dispute resolution Ensuring bylaw compliance with Islands Trust Policy Statement

• Review Islands Trust Policy Statement (ITPS) early in OCP review process • Ensure all parties to OCP process are familiar with ITPS • Review directive policies • Consider how each ITPS policy has been addressed in existing OCP • Consider carefully before removing or amending OCP policies that correspond to ITPS policies • Ensure each ITPS directive policy is clearly addressed in OCP before submission to Executive Committee, or otherwise explained Questions about bylaw referral? Agenda

• Islands Trust Act specifies municipal contribution to Islands Trust services. • Islands Trust Council Policy 7.2.vi was adopted in 2004 to provide more clarity about calculation of the requisition. • Policy 7.2.vi is attached to Islands Trust – BIM protocol agreement. • Requires a 30-day notice period for any intended amendments. • Since development of the policy, Islands Trust accounting software has changed and no longer reflects the policy. • For the past several years, an updated process has been used to calculate the municipal tax requisition. • Policy 7.2.vi no longer reflects current practice and is in the process of amendment.

Policy 7.2.i – Amendment Process

• Process to date: • May 2012 – Discussions with BIM staff and municipal trustees (and former municipal trustee Alison Morse) • May – Aug 2012 – Islands Trust staff develop proposed amendments, based on discussions • Aug 2012 – Draft amendments approved by Financial Planning Committee and Islands Trust Executive Committee • Planned process: • Sept 2012 – Discussions with BIM Council • Sept – Oct 2012 – Further development of draft amendments • Oct – Nov 2012 – Formal referral to BIM Council for comment • Nov 2012 – Final draft prepared for Trust Council consideration • Dec 2012 – Trust Council considers adoption of amended policy • Dec 2012 – Notice to BIM of amended policy – to be appended to protocol agreement

Agenda

Available to Bowen Island Municipality • Existing • Potential Islands Trust Mapping Services - currently provided

• Crown land mapping • Terrestrial Ecosystem Mapping • Sensitive Ecosystem Mapping Islands Trust Mapping Services - currently provided • Orthophoto Acquisitions • 4 year renewal cycle • Monthly BC Assessment data updates • Nightly Land Title Office data updates

2002 2005 Islands Trust Mapping Services - currently provided • MapIT • Publicly accessible • http://www.islandstrust.bc.ca/lup/map/default.cfm

Islands Trust Mapping Services - available, but not used Unlimited ESRI licensing Unlimited access to ESRI software products for GIS Significant potential savings Trust Area Property Information System – Web GIS Available for implementation by BIM staff Islands Trust Mapping Services - also available (cost recovery or contract) • Property boundary realignment • Mapping dataset maintenance (boundaries and zoning) • Special mapping products • Maps for development application reports

Islands Trust Mapping Services - also available (cost recovery or contract) Update and maintain property boundaries Other software - eSCRIBE

• Meeting management software to enhance • Meeting preparation efficiency • Transparency • Accessibility • Islands Trust license can be extended to Bowen Island for minimal cost Questions about mapping/software products? Agenda

Working to protect special places on Bowen Island Introduction to the Islands Trust Fund Overview • Regional Land Trust

• Establishment

• Governance - Trust Fund Board

• Core Operating Funds

• Acquisition and Project Funding

Introduction to the Islands Trust Fund Legislated Mandate • Acquire holdings to support Object of the Trust

The vision of the Islands Trust Fund is that the islands and waters of the Strait of Georgia and Howe Sound will be a vibrant tapestry of culture and ecology where humans live and work in harmony with the natural world. This special place will have a network of protected areas that preserve in perpetuity the native species and natural systems of the islands. Engaged residents and conservation partners will work together to protect large natural areas and key wildlife habitat. Viable ecosystems will flourish alongside healthy island communities. Introduction to the Islands Trust Fund Core Functions • Land Protection • Land Stewardship • Stewardship Education Islands Trust Fund on Bowen Island

Singing Woods Nature Reserve Islands Trust Fund on Bowen Island

David Otter Nature Reserve Islands Trust Fund on Bowen Island

Fairy Fen Nature Reserve Islands Trust Fund on Bowen Island Covenanted Properties • McIntyre • Terminal Creek North • Terminal Creek South Islands Trust Fund Projects Natural Area Protection Tax Exemption Program (NAPTEP) • Available in all areas of the Trust except Bowen, Passage and Bowyer. Islands Trust Fund Projects

2011-2015 Regional Conservation Plan • Developed using sensitive ecosystem mapping and extensive community consultation • Endorsed by Trust Council in December 2010, with recommendation “that local trust committees and island municipalities consider the goals and objectives of the Regional Conservation Plan when making land-use decisions”.

Islands Trust Fund Projects

Property management and restoration – recent activities

In coordination with the Bowen Island Conservancy, the Islands Trust Fund: • is actively monitoring and discouraging ATV use of Fairy Fen Nature Reserve • planted and protected 100 trees at Singing Woods Nature Reserve Islands Trust Fund – Questions? BREAK

Agenda

 1) Who we are  2) Services provided federation-wide  3) Services provided to Bowen Island Municipality and local trust committees (existing)  4) Services provided to local trust committees that Bowen Island Municipality could request (potential)  5) How to request services  6) Accountability

Director: Lisa Gordon

 Communications Specialist: Laura Stringer  Grants Administrator: Marion Grau (Sonya Sundberg) (½ time)  Policy Analyst: Clare Frater  Secretary: Jas Chonk (½ time)

Islands Trust Fund Staff:  Manager: Jennifer Eliason  Ecosystem Protection: Kate Emmings  Communications/Fundraising: Christine Rikley  Property Management Specialist: Jeff Ralph (Nuala Murphy)  Secretary: Emily Kozak Supports:  Trust Council (federation-wide services) (~80%)  Island municipalities/local trust committees (~20%)

 $1.2 million budget  18% of Islands Trust $6.8 million budget (2012-13)  90% to staff  10% to operation / programs  ½ TAS budget to Islands Trust Fund (Conservancy)

• Islands Trust Fund (P. Luckham) • Policy Statement implementation • Communications on federation-wide issues • Public engagement on federation-wide issues • Community stewardship awards • Policy Statement amendments (on-hold) • Inter-governmental relations and advocacy • Liaison with other agencies and First Nations • Protocol and cooperative agreement management

Trust Area Services supports implementation of the Policy Statement: • Review of Bowen Island Municipality bylaw referrals • Answer questions about the Policy Statement • Advocacy to federal and provincial governments and others

Education about the role and importance of the Policy Statement

Review of Bowen Island Municipality bylaws

• Official Community Plan bylaws • Bylaws that refers to a matter in the Policy Statement or are regulatory bylaws pursuant to Part 26 of the Local Government Act

Advocacy or “working in cooperation” The Islands Trust advances the Policy Statement by encouraging government agencies and businesses to help preserve and protect the Trust Area.

Advocacy success: Reduced dust from gypsum transfer operations in Plumper Sound

 Annual local government conventions ◦ resolutions ◦ position papers ◦ presentations ◦ workshops ◦ meetings with ministers

Islands Trust “Finding Solutions for Management of Derelict Vessels” session at UBCM in 2010.  Chair correspondence, speeches, presentations  e.g. Ferry fares Public consultation on

legislation Trust Council session with BC Ferry  e.g. Coastal Ferries Act Commissioner on the impact of ferry fares on island communities - September 2011.  e.g. Water Sustainability Act Example: Marine Protection

◦ Transport Canada ◦ Derelict vessels ◦ Oil spill prevention and response

◦ Parks Canada ◦ Southern Strait of Georgia National Marine

Conservation Area In June 2010 Trust Council hosted a Marine Shipping Safety information session.

 Annual report  Islands Trust website  News releases  Media monitoring  E-clipping service for trustees  Trust-wide public engagement/consultation programs  Subscription services: meeting notices, project updates, news

Winner: ◦ 2008 National Award of Excellence (Canadian Public Relations Society) ◦ 2007 BC Communications Leadership Award (Canadian Public Relations Society) ◦ 2007 Honourable Mention Community Excellence Award (Union of BC Municipalities)  Many copies still available for distribution throughout the Islands Trust Area

 Trustees replenish supplies to Welcome Wagon, Newcomer’s Clubs and other useful distribution points

 Staff routinely distribute to newly elected officials in other jurisdictions

• Website redesign • Distribution of visitor information posters • Distribution of “Place in the Islands” • Planned: Guidelines for local government use of social media

 Public engagement (e.g. strategic plan)

 Community events

 Displays

 Publications ◦ Brochures ◦ Fact sheets ◦ Posters

 Encouraging actions that support Islands Trust mandate

 Nominations open each March

 Trust Council decides each June

 Local trust committees and island municipalities may present awards

Photo courtesy of Bowen Island Undercurrent

• Maintain inventory of topics to review/add

• Recommend changes

 First Nations Relations – draft strategy

June 2012 Trust Council presentation on First Nations relations 2008 Protocol signing with Snuneymuxw First Nation  Types of Islands Trust Agreements, Protocols and Letters of Understanding:  Federal  First Nations  Provincial  Regional districts  San Juan County  Bowen Island Municipality  Internal (Trust Fund Board/Local Trust Committees)

 Where to find them: www.islandstrust.bc.ca/tc/agreements.cfm

Attracting federal, provincial and other funding Amount Raised to support Council’s Strategic Priorities $300,000

$250,000 o 2009: part-time Grants

Administrator position established $200,000

$150,000 o 2010: Council passed Grants

Administration Policy to ensure an $100,000 integrated and cohesive approach $50,000

Grant revenue has increased ten-fold $0 o 2008/09 2009/10 2010/11 2011/12

Grants Administrator acts as resource to staff and trustees: o researches new opportunities and maintains current information o liaises with funders on behalf of LTCs, island municipalities, planners, and all other staff and partners o coordinates application and reporting processes

LTCs and island municipalities approve grant applications for their area and are responsible for implementation of funded programs. (See grants administration policy.)

Seniors Affordable UBCM Housing Strategy – $19,700

Salt Spring Community Affordable Real Estate Foundation Housing Strategy $10,000

Denman Island Agriculture Investment Agriculture Foundation Strategy and Plan - $21,000

Lasqueti & Salt Spring SolarBC Emission Reductions - $10,000

Stewardship Council for BC, Real Estate Foundation of BC, Shoreline Mapping and Pacific Climate Impacts Consortium Education/Outreach $90,700

 Staff to staff communication re derelict vessels  Sharing research and options ◦ Sponsored presentation to UBCM by Washington State Derelict Vessel Removal Program  Advocacy ◦ Ongoing participation in Derelict Vessel Working Group ◦ Ongoing advocacy to provincial Sandy Beach, Bowen Island 2011 and federal ministers Coordination outlined in 2003 Letter of Understanding between  BC Hydro  Islands Trust Council  Bowen Island Municipal Council

BC Hydro treats wooden poles with preservatives and pesticides

Islands Trust Chair and Bowen Mayor signing protocol agreement 2010  Advise and/or assist Bowen staff with media relations  Assist with producing brochures, reports or other special communications projects  Share graphics or images from our image bank

1. Provincial and federal legislative changes 2. Court rulings 3. Legislation under development 4. Senior government policies and consultation processes 5. Environmental assessments % Protected Area by Local Trust Area/Island Bowen Island Municipality 2003/04 - 2011/12 Municipality 50.0 45.0 Protected Area % 40.0 35.0 14.4 30.0 14.2 25.0 20.0 14.0 15.0 10.0 03/04 % 13.8 5.0 07/08 13.6 0.0 11/12 13.4

Sample graph from Indicator Program Total Gross Farm Receipts. Bowen Island Parks and Protected Areas -14.3%

0.42%

31.19% Covenant Conservancy Ecological Reserve Nature Reserve Nature Sanctuary Park - Municipal Park Community 54.72% Park Provincial Park Recreation 0.23% Park Regional 1.31% 7.12% 0.79%

2.51% 1.71% Bowen Island: Ownership Status of Bowen Island Converted Natural, Unprotected Land Land

3.29% 5.12%

Crown 48.46% 21.79% Agricultural First Nations 51.54% Residential/Urban Private Roads Other 69.80% 1. Used to support advocacy with Crown agencies and for acquisition program. 2. Contain detailed maps, descriptions and interests 3. Six profiles now on-line 4. Bowen draft on hold  Island municipality passes a resolution to request support from Executive Committee and forwards it in writing. OR  An island trustee makes a request (ideally supported by a resolution) at a meeting of Trust Council or one of its committees  Trust Council usually sends requests to a committee for further evaluation of options, available staff time, budget and implications for other priorities on strategic plan  A decision to proceed, delegate, defer or add resources comes from a formal resolution of Council or one of its committees  A single trustee or staff member may ask the Grants Administrator to research grant opportunities on specific topics.

 The research must be in support of Trust Council’s strategic plan, the Policy Statement or the legislated responsibilities of the Islands Trust body.

 Significant research requests are subject to a review of work program implications by the Trust Area Services Director.

 (See grants administration policy for more detail.)

 Updates at each Executive Committee meeting  Quarterly reports to Trust Programs Committee  Quarterly reports to Trust Council  Follow-up action lists  Briefings  Requests for Decision  Strategic plan status updates  Program evaluation  Budget process

1. Introductions and Welcome 2. History and Introduction 3. Review of IT-BIM Protocol Agreement 4. Bylaw Referral Process 5. Trust Council Policy re Municipal Tax Requisition Calculation 6. Mapping Services to BIM – existing and potential 7. Islands Trust Fund – introduction and update 8. Trust Area Services to BIM – existing and potential 9. Natural Area Protection Tax Exemption Program 10. Islands Trust Protocol with Province re Crown lands 11. Other discussion topics  Islands Trust Act amended in 2000 and NAPTEP launches in 2005.  Available on all Trust Area islands except Bowen, Bowyer See handout with this cover picture: and Passage.  Previous BIM Council approved in principle, but the regulations did not allow for municipalities.  With Bowen’s support, staff would ask GVRD to allow the program. Eligible properties:  are relatively undisturbed by human activity  Are good examples of important ecosystems (forests over 80 years old, woodlands, water features, sparsely vegetated natural areas, coastal bluffs, etc.)  Are key habitat for rare native plant species or plant communities.  Are critical habitat for native animal species in relation to breeding, rearing, feeding or staging.  Have special geological features.  No minimum or maximum lot size (now 2.7-24 hectares)  20 covenants registered in 7 years, protecting 70 hectares of land.

 NAPTEP participants pay

$450 fee + legal costs Little D’Arcy NAPTEP covenant  65% tax incentive to property owners who register a conservation covenant on their land title.  Typical reductions are $1,300 to $3,700 on annual property taxes.

 See handout for tax shift assumptions  Greater financial implications of NAPTEP on Bowen Island than in other Islands Trust areas  $1400 annual tax property savings per average NAPTEP applicant on Bowen  $1.66 average annual property tax increase for remaining residential property owners (per covenant)  A Memorandum of Agreement between Bowen Municipal Council and Trust Council could provide local veto power or other levels of influence over each application.

1. Introductions and Welcome 2. History and Introduction 3. Review of IT-BIM Protocol Agreement 4. Bylaw Referral Process 5. Trust Council Policy re Municipal Tax Requisition Calculation 6. Mapping Services to BIM – existing and potential 7. Islands Trust Fund – introduction and update 8. Trust Area Services to BIM – existing and potential 9. Natural Area Protection Tax Exemption Program 10. Islands Trust Protocol with Province re Crown lands 11. Other discussion topics  Signed in 1999 – predates Bowen Island Municipality  Establishes agreements about communications between province and Islands Trust during: ◦ Crown land applications and sales ◦ Replacement tenures ◦ Trespass concerns ◦ Official Community Plan reviews and amendments ◦ Amendment of regulatory bylaws ◦ Policy Statement amendments  Agreement is now under review – delayed several times  Could be amended to include Bowen Island Municipality  Need an assigned staff contact to participate in review