July 16 Local Islands Trust Meeting Summary

Hello Mudgekins,

Note there is a section below that you should read if you have a complaint against your property and there is an open file.

On July 16 we hosted the Gabriola Local Trust Committee for a meeting at the MICS Hall, which we consider to be a resounding success.  A huge thank you, both to Tobi Elliott and Susan Yates of the Local Trust Committee, for coming to the Island and hearing our concerns. Unfortunately the Chair Peter Luckman was not able to attend due to travel challenges.   We also wanted to thank the near 50 Mudgekins who attended and did a fantastic job sharing their experiences and articulating the effect that the rash of complaints has had on our community.  Lastly we would like to thank all the community for their unwavering support of MICA.

We believe that the community came across very positively as articulate, thoughtful and concerned and that the LTC clearly heard the message that the bylaw investigation and enforcement process is highly intrusive, unnecessarily divisive and is being conducted in the wrong order. There was a clear message to the trustees. that investigation and enforcement of complaints that do not relate to imminent threats to health, safety and the environment should be delayed until the enforcement policies and the bylaws themselves can be reviewed and adjusted as needed to properly reflect the community's wants and needs. 

The Trustees were not able to pass any resolutions as they did not have quorum but did take away some action items.

• There was some discussion on the question of why are we investigating when the policies and bylaws will change? There was some discussion about some confusion because the policy used the permissive language  "may" in regards to conducting investigations. Enforcement staff have taken the position that they "must" investigate.   Trustee Elliott agreed to consult with Islands Trust as to the correctness of the staff position that the Islands Trust policy requires every complaint to be investigated.

• Currently the LTC has adopted a policy not to enforce complaints that do not relate to threats to health, safety and the environment until the new enforcement policy is adopted.  Trustee Eliott said she would bring up at the next Local Trust Council (LTC) meeting a discussion to consider extending the pause on enforcement until the bylaws are reviewed and changed.

• Trustee Elliott is preparing a response to the initial letter from MICA and that will be forthcoming.

• The LTC will direct enforcement and planning staff to engage with MICA as the representatives of Mudge Island in the review of the draft enforcement policy.

• The LTC will provide MICA with a process to engage with IT staff on Policy and later Bylaws and Community Plan changes once that project is started. There were a couple of other points that residents should be made aware of.   Please read this if you have a complaint against your property.
  

• Bylaw enforcement will be doing the first round of investigations and is contacting residents to schedule inspections in late July. They expect that they will need to come to the island an additional three or four times to complete all investigations.

• They will be conducting investigations initially with those people who are cooperative and open to working with them based on the existing Policies and Bylaws.  Enforcement officers do have the right to go on your property without a warrant to conduct investigations where there is unlocked access to the property.  At this time they are working with those who are cooperating and trying to schedule mutually agreeable times with lots of advance notice.

• Because the policies are likely to change,  Bylaw Enforcement Manager Dingman has also offered that residents could, at their option, defer having a site inspection as part of the investigation process until the enforcement policy is adopted by the LTC, which is expected in October.  If you want to defer the investigation until then you merely have to tell them.  

Sincerely

Mudge Island Community Association