Hope for Housing

By Tony Law

On Saturday there was a meeting, advertised through a Grapevine flyer, about Homelessness on Hornby. Only five of us turned up. This is fewer people than turned out for the first meeting about cat homelessness on Hornby .

At first I felt really discouraged about our community. Then, being a generally positive person, I began to think about why we have never managed to get together a critical mass of Hornby Islanders to begin to address this issue in a substantive and on-going way.

I realize that some people don't care about this issue; they managed to establish their own homes here, so why should they help folks who should be helping themselves. Of course, gone are the days of $7,000 lots which enabled many long-term residents to get set up and continue living modestly.

However, I like to believe that most people are caring people and I think for them it is a combination of denial and powerlessness (and of course, many of us tend to go into denial when we feel powerless).

So my thinking is that we need to spread the seeds of hope to overcome powerlessness and unleash the kind of community energy and resourcefulness that lead to the saving of the Link-Parsons land and the acquisition of The Thatch.

The work of the Local Trust Committee and its Advisory Housing Committee has lead to possibilities for those willing to pursue them. (Land use planning cannot create housing, but it can open the door to possibilities).

Here is a summary of provisions in the Official Community Plan (OCP) a proposal for the Land Use Bylaw and other products of the Advisory Housing Committee process:

Land Co-operatives

The OCP provides for the creation of land co-operatives. People could propose that a parcel 10 acres or larger be redesignated and zoned as a "Land Co-operative". They would have to present a development plan that would address the impacts on the land. The density (number of houses permitted) could be increased over what is currently permitted by looking at the actual envi ron mental "footprint" of the proposed development (such as size of buildings, how water will be provided and waste treated and ecological features that would be protected). There are two existing examples of land co-operatives on Hornby: Syzygy and The Shire.

Amenity Zoning

The OCP provides for considering granting a landowner a rezoning benefit in exchange for providing an amenity to the community such as donation of land to a community land trust for housing purposes. For example, someone may own 30 acres which under present zoning could be subdivided into three ten -acre lots, each with two houses. The landowner may consider that he could make as much money selling four two-and-a-half-acre lots each with one house. The Local Trust Committee could consider granting the ability to do this if the landowner donates the remaining twenty acres to a community land trust. (Such a process would require a Public Hearing and thus community support.)

Land trust

The Advisory Housing Committee recommends that the OCP be amended to more clearly reflect the role of a Community Land Trust - especially now that such an organization has been formed. ISLA (Islanders' Secure Land Association) is a non-profit society and is able to hold land on Hornby or Denman. The land could be one residential lot or it could be a large parcel on which a number of homes are created. With the land being owned by the Community Land Trust it is taken out of the upward-spiraling property market. Homes could be rented or owned (such as through a 99-year lease) and a formula would ensure that owners get back what they have put into their homes if they sell, but not the increase in market value. That would keep the homes at a more affordable level to subsequent buyers.

Houses on land owned by a land trust could be created in a number of ways - including using labour equity as is the case with Habitat for Humanity.

Community housing

The Official Community Plan enables affordable, seniors or special needs housing to be developed within the public use area at the centre of the island. (Private lots can be rezoned for this purpose.)

Temporary housing for displaced residents

The OCP allows facilities for displaced year-round residents on the public use land. Such a facility could also be permitted on private land through a Temporary Use Permit. Such a set up could involve anything from tent platforms or yurts to caravans or small cabins, but there would have to be adequate provision for water and waste.

Housing agreements

I am proposing that the land Use Bylaw include an innovative provision for using housing agreements to allow otherwise-unpermitted secondary dwelling units to be used for affordable housing, special needs housing or housing for a care-giver. This could involve a secondary suite, yurt, caravan, cabin, etc. Housing agreements are usually used for institutional housing (such as seniors' homes) but there is no reason why they cannot be used for private housing. The agreements would ensure that the unit is used for the specified purpose and not for, say, tourist accommodation.

This would enable seniors to stay in their homes, while also allowing younger people to have an affordable roof over their head. The average household size on Hornby is less than two people (in BC it is 2.6 people) which indicates that many lots could accommodate additional residents without stressing the environment.

Of course, many people are doing this already illegally, but the resulting housing is often sub-standard and does not provide continuing security.

A Group to Address Tenancy Issues??

Those of us who have been looking at housing issues see a need for a group to address tenancy issues. In some cases landowners are not meeting their responsibilities. In other cases, tenants are falling down on theirs (often with the consequence that landlords take their house out of the residential tenancy market because they don't want to get burned again). Landlord-tenant communication can be difficult at the best of times because of the emotional issues surrounding a person's home or property. It would be great to have a local group that could help resolve such issues.

Relative homelessness is defined as situations where 30% or more of income is spent on housing as well as those that do not meet minimum health and safety standards or afford security of tenure. Many Hornby Islanders fall into this category.

I know there are no easy solutions, but I think we should at least keep talking about them - and maybe action will follow. The alternative is to lose our community. Already the school is vulnerable. The Fire Dept is having trouble recruiting. The Co-op lost staff this spring because of lack of housing. Some of our home support workers do not have stable housing (and we are going to need them as we all get older!). And what about the trades and services we need and the people to carry on  Hornby's arts and crafts traditions?

This community is capable of great things when we put our creativity and commitment to an issue. I have hope that housing will soon be such an issue! If we at least begin to work together on some modest solutions we will be in a good position to take on a more challenging project.

Tony Law

Voting Information

Hi Folks:

The Local Government Elections are coming up next month.

Below is information on:

- the candidates for Hornby Island Local Trustee,
- the all-candidates meeting,
- voting opportunities,
- voter eligibility,
- sources of more information

(Note: please confirm this information with official sources.)

Candidates:

• Emerson , Ron
• Kneffel , Eleanor
• Law , Tony
• St.Pierre, Cari

All-candidates meeting

Saturday 5 November
New Horizons
2:00pm

- organized by the Hornby Island Residents and Ratepayers Assoc.

Voting opportunities

• Wed 9 November
• Regional District Board Room, 550B Comox Rd , Courtenay
• 8:00am to 8:00pm
• Thur 10 November
• New Horizons, Sollans Road , Hornby Island
• 2:00pm to 5:00pm
• Tue 15 November (staff and patients only)
• St Joseph 's Hospital, Comox
• 1:00pm to 3:00pm
• Wed 16 November
• Regional District Board Room, 550B Comox Rd , Courtenay
• 8:00am to 8:00pm
• Sat 19 November
• New Horizons, Sollans Road , Hornby Island
• 8:00am to 8:00pm
• Sat 19 November
• Regional District Board Room, 550B Comox Rd , Courtenay
• 8:00am to 8:00pm

Voter Eligibility

Resident electors

• must be 18 years of age or older on or before General Voting Day ;
• must be a Canadian citizen;
• must have been a resident of British Columbia for at least 6 months immediately before the day of registration;
• must be a resident of the jurisdiction for at least 30 days immediately before the day of registration;  and
• not disqualified by the Local Government Act or any other Act from voting in an election or be otherwise disqualified by law.

Non-Resident Electors

If an Elector owns property in another jurisdiction other than the one they reside in, they may be eligible to register as a non-resident elector.  The Applicant must meet the following qualifications:

• must be 18 years of age or older on or before general voting day;
• must be a Canadian citizen;
• must have been a resident of B.C. for at least 6 months immediately before the day of registration;
• must be a registered owner of real property in the jurisdiction for at least 30 days immediately before the day of registration;
• must not be eligible to register as a resident elector in the jurisdiction;
• must only register in relation to one piece of property;  and
• if more than one person owns the property, only one owner may register and that person must have the written consent of a majority of the other owners.

To register, the property owner must apply to the Regional District for a Non-Resident Property Elector Certificate.  To apply for a Certificate, the Elector must provide proof to the Regional District by way of a recent title search, State of Title Certificate or a Property Tax Notice showing the names of all the registered owners of the subject property.

Only one person may vote for the property.  If there are more than one registered owner, a form must be signed by a majority of the owners consenting to the applicant registering on behalf of the property.

Please contact the Regional District offices for registration forms to apply for a Non-Resident Property Elector Certificate.

Proof of Identity

To register as a Resident Elector or a Non-Resident Elector, two pieces of identification must be provided.  The documents must indicate the residential address of the applicant and a signature.

The following documents are acceptable for proof of identity when registering to vote:

• B.C. Driver’s licence
• B.C. ID card is sue d by the Motor Vehicle Branch
• B.C. CareCard or Gold CareCard
• Social Insurance Card ( Canada )
• Citizenship Card ( Canada )
• Real property tax notice
• Credit card or debit card is sue d by a savings institution
• Utility bill.

For more information :

www.islandstrust.bc.ca

www.rdcs.bc.ca

Chief Election Officer: Barbra Randall

- home: 250-334-4510,

- at the Regional District: 250-334-4510 or toll free: ( 1-800-331-6007 )

- by e-mail: elections@rdcs.bc.ca

Land Use Bylaw Review

Hi Folks:

This is to keep you informed about the Land Use Bylaw review process.

On Monday 17 October, the Local Trust Committee met with planner David Marlor to begin working through his report on proposed amendments to the current Land Use Bylaw (Bylaw 86). The Local Trust Committee resolved to proceed with the review process by retaining the basic format and regulatory framework of Bylaw 86 rather than creating a bylaw in a new format. The object of the current exercise is to produce a document showing suggested deletions and additions to Bylaw 86 (in the light of the new OCP and community input). It will be made available to the public and referred to the Hornby Island Advisory Planning Commission for its comments and recommendations. We completed Sections 1-8 and will be meeting on the evening of Tuesday Nov 1 and all day Wednesday Nov 2 to complete the rest of the review (zoning and subdivision regulations). Time and place will be announced.

Here is an outline of some of the more significant changes that we worked on for the next draft:

• a new section added permitting short term rentals as a residential use;
• a new section added enabling the use of housing agreements to allow a secondary dwelling unit on a site-specific basis for affordable or special needs housing;
• an increased range of permitted home occupations, particularly on larger lots;
• a definition of dwelling units that allows building portions to be connected by decks (not just walkways);
• a definition that allows detached sleeping units;
• allowing water tanks to be excluded from lot coverage or floor area calculations and to be located in set back areas (if screened);
• elimination of most regulations for home occupation (retaining only those that address impacts on neighbouring properties); most existing regulations are intrusive and/or unenforceable.;
• removing most regulations for residential parking;
• deleting the "prohibited uses" sections from the general regulations and home occupations sections in keeping with the interest in having a document with a more permissive tone (only uses that are permitted are permitted!);
• allowing agricultural buildings to be higher;
• clarifying screening, height and set back regulations;
• including a new section on covenants;
• stating that accessory uses apply to ALL permitted uses, not just the principal use (as in Bylaw 86 at present);
• reducing the maximum fine under provisions of the Offences Act from $5,000 to $2,000 the basic provincial amount (this provision has never been used by the Islands Trust);
• requiring that bylaw investigation inspections only be carried out during normal working hours;
• no reference to Siting and Use Permits has been included as there will be separate discussion about whether to continue using this permitting system and, if so, how.

These are some of the main changes. It will be a while before staff can incorporate the changes into a new document (and we still have the zones to go through).

I hope this very informal report provides a sense of how the Local Trust Committee is moving forward towards  creating a revised Bylaw that is more "friendly" and less onerous than Bylaw 86.

Of course, the draft amendments will once again only be a "Draft for Comment" and will not be a proposed bylaw. Community input will continue. Once key issues are identified, there will likely be a need to have focussed discussion on these. But I expect that the new draft will take us closer to arriving at a final document most of us can embrace as being fair and reasonable.

Give Eleanor or me a call if you have any questions.

Tony Law

See Dean Ellis' and Tony Law's discussion on this subject, excerpted (with permission) from a group email exchange

You are invited to attend an exciting workshop for Hornby and Denman Islanders

"Building Social and Economic Security in Our Communities"

Friday November 18
Denman Senior 's Lounge
10am to 5pm

Presented by the Social Planning Action and Research Council of BC (SPARC BC)
and the Hornby Island Community Economic Enhancement Corporation (HICEEC)

Attendance is free, but registration is required. Registration deadline is Nov 15. Space is limited.

Please RSVP to HICEEC at ceec@uniserve.com or call Darlene at 334-3795 .

WHO IS THIS WORKSHOP FOR?

This workshop is for people and communities who want to explore the links between social and economic development and to understand the roles that various actors can play in building links between these important is sue s. The workshop will be particularly interesting for people who would like to be involved in continuing the work on "community economic development" issues on Denman and Hornby Islands .

EXPECTED OUTCOMES

1. Awareness about the benefits of connecting social and economic development.
2. Information about social and economic development and the strategies that have been used to build links between organizations involved with these two issues.
3. Understanding of how these tools can be applied to current Denman and Hornby issues and together plan some of the next steps needed to make change.

"A culture shift is beginning to emerge that recognizes that social problems have economic implications. A hungry child has difficulty learning, which will affect the person they become, the income they make and their contribution to society and their community".  
- Rural Secretariat, Government of Newfoundland and Labrador

Darlene Gage ( 334-3795 ) and Gerald Hodge ( 335-1792 )
Hornby Island Community Economic Enhancement Corp.

Trust strengthening bylaw enforcement
From Island Tides, September 22 2005 edition

Island residents concerned about blatant infractions of Island bylaws, particularly with regard to permitted uses, setbacks, building sizes, and preservation of the environment, have recently called for stronger bylaw enforcement.

The Islands Trust responded at the June Trust Council meeting with resolutions that authorized the Trust’s bylaw enforcement officers to implement a more ‘proactive’ policy on infractions. Previously, bylaw officers only investigated possible infractions if a complaint was received from a member of the public. Under the new policy, officers may proceed on the basis of their own observations, information from Regional District building inspectors, or on the basis of advertisements for nonconforming land uses.

In addition, under ticketing bylaws now being discussed on several Islands , fines of up to $1,000 a day could be levied by the Islands Trust for bylaw infractions. The new powers are contained in Section 265 of the recently proclaimed Community Charter legislation, with the $1,000 limit included in the regulations (which means it could be increased in the future by Order-in-Council).

Cost of Enforcement

Bylaw enforcement, unfortunately, costs money, and the Trust presently has only three part-time enforcement officers to deal with all the Islands . With rising development pressures accompanied by rapidly increasing real estate values, the temptation to ignore Trust bylaws has been increasing.

A recent resolution by the Salt Spring Island Local Trust Committee (LTC) to divert funds from the OCP review to bylaw enforcement was defeated on a tied vote by LTC Chair David Essig on the grounds that such a budget transfer was beyond the powers of the LTC. Essig later made it clear that he fully supported the provision of funds for increased bylaw enforcement; it was just that this type of budget transfer was not permitted.

This clearly throws the problem of funding increased enforcement into the lap of Islands Trust Council. At its September meeting on Keats and Gambier Islands , Council voted to create one more day per week of bylaw enforcement time in both the Northern Islands and Salt Spring offices. Funds to do this can be assigned from other budgets.

Komass Bluff

The Trust’s recent victory in the Komass Bluff ( Denman Island ) case clearly established that LTC bylaws are enforceable in court. But this case was only won after a lengthy and expensive court fight; the Trust will get some of its legal costs back, but for most infractions this is not a practical way to proceed. However, in the past, it has been the only way to proceed if the individual accused of breaking a bylaw chooses not to change his behaviour.

The Trust reports that 90% of potential bylaw infractions are corrected following discussions with the bylaw officer. But the remaining 10% are often difficult to prosecute and, in the case of nonconforming land uses, can drag on for a long time.

Hence the ticketing bylaw proposal. A scale of fines could be set by the LTC, and the bylaw officer could is sue a ticket for a clear offence against an Islands Trust bylaw. Municipalities that are currently using such a procedure have emphasized that it is most suitable for offences that can be easily proved, by, say, measurement, documentation, or incontrovertible evidence. These would include offences against a Land Use Bylaw. And the fines could be substantial, particularly those for continuing offences, and could be set to cover increased enforcement costs.

No More Excuses

Traditionally, many Island residents have operated on the basis that bylaw infractions don’t matter because ‘there really isn’t any effect on the rest of the Island’ or ‘the Islands Trust will never know’ or ‘I didn’t know there was a bylaw about that,’ and if they get caught, they can always ask for permission (by variance notice or a bylaw change) afterwards. This approach is no longer acceptable, as individuals investing larger sums of money in their Island properties require assurance that their property values will not be damaged by irresponsible or illegal neighbouring developments; Islanders become increasingly sensitized to environmental damage from new developments or construction; and other individuals find that there is increased money to be made by ignoring Islands Trust bylaws.

To put it briefly, more profit = more conflict = less cooperation = more need for effective enforcement. And bylaws that are not enforced are often ignored.

Bylaws Carry Legislative Authority

Islands Trust bylaws must be consistent with each Island’s Official Community Plan, which in turn must be consistent with the Islands Trust Policy Statement, which is a detailed exposition of the Islands Trust purpose as contained in the Islands Trust Act . Thus all Trust bylaws carry the full legal authority of the ‘preserve and protect’ mandate in this provincial legislation, and are not merely guidelines or suggestions.

Trustees are accountable for enacting effective bylaws, and making sure that they are enforced without favouritism or bias. The new ticketing powers provide an important new tool that trustees can use to ensure that the legislated purpose of the Trust is carried out on their Island .

no authorname submitted

Dealing With Government: PDF files for download

These are a number of short, quick read, one page articles by Patrick Brown, editor of Island Tides. He is a political commentator with tremendous insight and a great deal of wisdom and depth of political savvy. No matter what I thought I might already understand, I found I could still learn much about how politics tends to really work, after digesting his unique snapshot island perspective. Have a fun read. - Care Leah

1. February 24, 2000: Damage Control
2. August 12, 2004: The Mission Statement
3. October 7, 2004: Representative Government and the Islands Trust
4. September 22, 2005: Passing the Buck

Phee note: For more articles in this series, check out http://www.islandtides.com/html/govt.htm#top

Water
Response to Larry Pierce's Flyer

It is most unfortunate that Larry Pierce does not take a moment to call one of his local trustees to clarify situations before going to the expense of putting out his yellow flyers. As a result, he is providing incomplete information that provides an inaccurate and misleading picture.

This is not helpful to our community and does not contribute helpfully to resolving a long-standing and challenging issue.

The truth of the matter is that under our present Land Use Bylaw the commercial extraction and sale of groundwater as it is being carried out is NOT permitted.

I and others have been looking at this issue over several years in an effort  to find an outcome that:

a) addresses concerns of those who have wells in the vicinity of a commercial operation;
b)  addresses the interests of those who are currently dependent upon such a water supply;
c) addresses the need for an operator to have certainty about the legality of the business.

In addressing this issue we are limited by provisions of provincial legislation, including regulatory options available under the Local Government Act.

The use of a well for the extraction and commercial distribution of groundwater is a commercial land use.

There are three ways such a commercial activity can be permitted and regulated:

1) by allowing the use as a home occupation;
2) by issuing a Temporary Commercial and Industrial Use Permit that would allow the use;
3) by amending the zoning of the property to allow the use.

Presently, none of these apply. The lots being used are zoned for residential use. While home occupations are permitted on these lots, they must be conducted wholly within a building and on a property where the operator resides - which is not the case with the current purveying situation.

Under the present Land Use Bylaw, a purveyor would have to apply for a Temporary Use Permit for the operation to be permitted.

The "Draft for Comment" (made available for community discussion in the spring)  merely made explicit what is implicit in the current Land Use Bylaw - that the activity is not permitted unless through a Temporary Use Permit. Larry fails to mention that the draft contained an Information Note to this effect.

Larry also fails to mention that we have been engaged in on-going discussions with the purveyor to explore ways to address this situation. I specifically invited him to a Local Trust Committee in the spring so that we could explore options with our staff and since then I have been encouraging him to put forward a proposal.

With respect to background that Larry might not be aware of, there has been on-going community discussion about this issue for several years - as well as discussions with relevant agencies. Last year I organized a community Water Supply Forum which Eleanor Kneffel chaired. This allowed for a constructive exploration of bulk water sales and other issues.

With respect to the three options for permitting bulk water sales, the following are some relevant considerations:

1) Allowing as a home occupation

If an activity is permitted as a home occupation, it is permitted on all lots unless limited to a certain class of lots (e.g. lots above a specified size or lots within specified zones). This would provide no way to ensure that water extraction and purveyance takes place in locations that are hydrologically appropriate or that monitoring is occurring. Regulation applicable to home occupations is limited. I believe that the Advisory Planning Commission was reflecting the concerns of the community when it recommended that the commercial extraction and purveyance of groundwater should not be allowed as a home occupation.

2) Allowing through a Temporary Use Permit

This is the currently available option. It amounts to a temporary commercial zoning and provides for the inclusion of conditions such as requirements for monitoring. It provides a high level of accountability because when an application is received to renew or re-apply for a permit consideration can be given to whether the conditions of the permit have been adhered to. However, the permit process does not provide complete certainty to an operator that the business can continue (though the same is the case with a Business Permit).

After much community consultation over several years, the Gabriola Local Trust Committee has just given third reading to a bylaw that specifies how Temporary Use Permits will be used to allow bulk water extraction and purveyance on that island.

3) Amending the zoning of the properties

The zoning for properties that are being used for water extraction could be amended to allow this use. A covenant could be required to provide some assurance that the use would be carried out responsibly. This would provide some level of accountability and would provide greater certainty to the operator. However, there might be more community resistance to a rezoning than to a Temporary Use Permit. I have suggested to the current purveyor that he discuss with our planning staff what he should include in a rezoning proposal if he wants to pursue this option.

As far as I am aware, these are the only three regulatory options available to address this issue.

I have no reason to believe that the current purveyor is conducting his operation other than with a very responsible approach. I have talked with him many times and have put him in touch with knowledgeable hydrologists and it is my understanding that he has followed up on their expert advice.

However, regulating land use is not about the qualities of particular individuals because these can change. Someone else could set up an operation carried out in a way that has real impacts upon aquifers and other wells. The purpose of regulation is to prevent harm, which often means that responsible parties do have to go through a few hoops. For example, there is a high degree of accountability with respect to water quality; it is my sense that the community also wishes to see some degree of accountability with respect to water quantity when a common recourse is being utilized for commercial distribution.

This is a rather long message - but it is about a complex issue. I am committed to finding a resolution that is fair, reasonable and effective and that is broadly supported by the community. Please give Eleanor or I a call if you wish to discuss this further.

Tony Law, Islands Trustee

Housing on Hornby

Hi, folks

At yesterday's HIRRA meeting there was discussion about having the issue of Homelessness and Housing as an agenda item at an upcoming HIRRA meeting - thanks to Tim for bringing this up..

In advance of this, I would encourage everyone to read the report of the Advisory Committee on Housing which is on the Islands Trust web site (www.islandstrust.bc.ca - go to "local governments", then "Hornby", then "Current Issues"). The Local Trust Committee has resolved to initiate amendments to the Official Community Plan to implement recommendations of this report.

For folks particularly interested in this issue, I would be glad to provide electronically a report on Affordable Housing prepared for the Islands Trust, the section on Housing from the Hornby Island Quality of Life survey and other information.

It is my perception that unless we collectively come to grips with this issue we are going to lose the character, balance and quality of our community. Our school enrollment is dropping to perilously low levels. Local businesses are having staffing challenges. Services required by an aging population (such as home support and home maintenance) could become less available and/or more expensive. Our rich cultural heritage based on arts and crafts could be lost as younger artists and craftspeople are unable to establish themselves here because of housing costs. And - on a more personal level - each year we are losing loved community members - some who are bringing forth a new generation of Islanders, who leave because the housing challenge is just too overwhelming. At the same time, aging citizens are finding it more challenging to continue living in their homes on Hornby .

At Salt Spring, workers are having to commute from Croften because they can no longer afford to live on the island. On Saturna, homeowners have to bring in people from Vancouver Island to work on their houses. In Tofino, businesses can only get summer staff if they provide accommodation or pay high wages. Already I know of two long-term Hornby residents who have moved off-island and are now travelling back to work here because they cannot find stable housing.

After studying this issue for several years I know that there are immense challenges and no easy answers.

In, fact there is no one single solution; we need to look at a variety of approaches. And any options need to be compatible with the environment and island character. But if we don't come up wih solutions, some people are going to continue to pusrue there own, which can often be illegal, unsafe or unhealthy.

However, we all know that the creativity and determination of this community can bring about wonders once we get stuck into an issue. I would like to see us give the same kind of commitment to addressing housing as we did to achieving the protection of the Link-Parsons land.

I believe the future of our community is at stake.

Tony Law, Islands Trustee