To send correspondence to Mayor and members of Council in relation to this Council agenda, please use the following email address: [email protected]
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 regular meeting of Bowen Island Municipal Council will be held at Municipal Hall, 981 Artisan Lane on Monday, December 10, 2018 at 6:15 PM for the transaction of business listed below.
Hope Dallas-Kerr, Corporate Officer
REVISED AGENDA Regular Council Meeting Monday, December 10, 2018
(REVISED TO INCLUDE LATE & ON-TABLE ITEMS)
Page Timing OPENING OF COUNCIL MEETING 6:15 PM 1 APPROVAL OF AGENDA (5 min)
1.1 Introduction of Late Items
Recommendation: That Council approve the agenda and Late Items agenda (if applicable) for the December 10, 2018 regular Council meeting.
2 PUBLIC COMMENTS 6:20 PM (15 min) Public Comment is an opportunity for members of the Public to comment regarding items on the agenda or any other comments or issues they may wish to bring to Council’s attention. If you wish to submit any written material to accompany your comments, please ensure it is provided to the Minute-Taker at the same time as you sign up to address Council. All written documentation will then be provided to each Member of Council and will form part of the formal record.
Bowen Island Municipality December 10, 2018 Regular Council Meeting Page 1 of 227
3 CONSENT AGENDA 6:35 PM (5 min) Note: Council members may adopt in one motion all recommendations appearing on the Consent Agenda, or prior to the vote, request an item be removed from the Consent Agenda for debate or discussion, voting in opposition to a recommendation, or declaring a conflict with an item.
Recommendation: That Council approve the items as outlined in the December 10, 2018 Consent Agenda.
START OF CONSENT AGENDA
ADOPTION OF MINUTES
3.1 Minutes of the regular Council meeting held November 26, 2018. 8 - 15
Recommendation: That the minutes of the regular Council meeting held November 26, 2018 be adopted.
STAFF REPORTS
3.2 Sara Huber, Planner 1 re: Environment and Climate Action Advisory 16 - 22 Committee 2019 Work Plan, dated November 30, 2018
Recommendation: That Council approve the Environment and Climate Action Advisory Committee 2019 Work Plan, as attached to the Planner 1’s staff report, dated November 30, 2018; and That Council refer the Environment and Climate Action Advisory Committee 2019 Work Plan to the 2019 Strategic Planning process.
a. Minutes of the Environment and Climate Action Advisory Committee 23 - 24 meeting held November 7, 2018 (recommendation contained in Planner 1's staff report, dated November 30, 2018)
3.3 Kathy Lalonde, Chief Administrative Officer re: Community Child Care 25 - 27 Program Grant Application, dated December 7, 2018
Recommendation: That Bowen Island Municipal Council support the Community Child Care Planning Program grant application to engage in child care planning activities in order to develop a community child care space creation action plan; That Bowen Island Municipality is willing to provide overall grant management if successful; and That staff be directed to work with the Executive Director, Bowen Children Centre to prepare and submit the grant application by January 18, 2019.
Bowen Island Municipality December 10, 2018 Regular Council Meeting Page 2 of 227
REPORTS OF COMMITTEES, COW, COMMISSIONS
3.4 Minutes of the Economic Development Committee meeting held 28 - 32 November 16, 2018 (no recommendations for Council's consideration)
INFORMATION ITEMS
Recommendation: That Council receive the information as outlined in section 13 of the December 10, 2018 regular Council meeting agenda.
NEW BUSINESS
3.5 Hope Dallas, Corporate Officer re: Acting Mayor Schedule 2019
Recommendation: That Council set the Acting Mayor schedule for 2019 as follows: • Councillor Sue Ellen Fast - January & July • Councillor David Hocking - February & August • Councillor Michael Kaile - March & September • Councillor Alison Morse - June & October • Councillor Maureen Nicholson - May & November • Councillor Wynen - April & December.
END OF CONSENT AGENDA
4 DELEGATIONS NIL. 5 BUSINESS ARISING FROM MINUTES
5.1 Emma Chow, Island Community Planner re: Development Variance 33 - 40 6:40 PM Permit (DVP-03-2018): 1325 Catalina Road, dated November 30, 2018 (5 min)
Recommendation: That Council issue Development Variance Permit DVP-03-2018 for the variance of side setback for 1325 Catalina Road, legally described as Lot D of 2, Plan 12746, Block A, DL 1553, PID 008-830-100.
Bowen Island Municipality December 10, 2018 Regular Council Meeting Page 3 of 227
6 BYLAWS
6.1 Emma Chow, Island Community Planner re: Veterans Park (RZ-04- 41 - 56 6:45 PM 2018/OCP-01-2018), dated November 2, 2018 (15 min) (see revised version of Bylaw No.474, 2018)
Recommendation: That Bylaw No. 474, 2018 cited as “Bowen Island Municipality Official Community Plan Bylaw 282, 2010 Amendment Bylaw No. 474, 2018” be read a first time; That Bylaw No. 473, 2017 cited as “Bowen Island Municipality Land Use Bylaw No. 57, 2002 Amendment Bylaw No. 473, 2018” be read a first time as; That Council refer Bylaw Nos. 473, 2018 & 474, 2018 to the Advisory Planning Commission, West Vancouver Schools and the Islands Trust; and That Council direct staff to report back with the results of the referral of the application.
a. PowerPoint Presentation re: OCP-01-2018 & RZ-04-2018 Veterans Park, 57 - 66 dated December 10, 2018
6.2 Daniel Martin, Manager of Planning & Development re: Business 67 - 73 7:00 PM Licensing Bylaw Enforcement Fee Schedule, dated November 16, 2018 (10 min)
Recommendation: That Bylaw No. 471, 2018 cited as “Bowen Island Municipality Bylaw Notice Enforcement Bylaw No. 196, 2008, Amendment Bylaw No. 471, 2018” be read a first, second, and third time; and That Bylaw No. 472, 2018 cited as “Bowen Island Municipality Business Licence Bylaw No. 465, 2018, Amendment Bylaw No. 472, 2018” be read a first, second, and third time.
a. PowerPoint Presentation re: Business Licensing Bylaw Enforcement Fee 74 - 79 Schedule, Amendment Bylaw Nos. 471 and 472, 2018, dated December 10, 2018
Bowen Island Municipality December 10, 2018 Regular Council Meeting Page 4 of 227
7 STAFF REPORTS
7.1 Daniel Martin, Manager of Planning & Development re: 345 Robinson 80 - 113 7:10 PM Road (TUP-03-2018), dated November 16, 2018 (30 min)
Recommendation: That Council direct staff to develop a work plan for a community consultation process to develop a short-term vacation rental policy; That Council defer consideration of TUP-0X-2018 until such time as a short-term vacation rental policy has been adopted and potential amendments to the Land Use Bylaw have been adopted; That Council direct staff to not pursue enforcement for non Land Use Bylaw compliance on 345 Robinson Road until a short term vacation rental policy has been considered; and That Council refer the development of a work plan to the Economic Development Committee and the Housing Advisory Committee for recommendations.
a. PowerPoint Presentation re: TUP-03-2018: 345 Robinson Road, dated 114 - 122 December 10, 2018
8 CORRESPONDENCE
8.1 Chief Byrce Williams, Tsawwassen First Nation re: Invitation to 123 7:40 PM Tsawwassen First Nation Final Agreement 10th Anniversary, dated (5 min) November 20, 2018
Recommendation: That Council appoint Mayor Ander and Councillor XXX to represent Bowen Island at the Treaty Day 2019 events taking place on April 3, 2019.
9 REPORTS OF COMMITTEES, COW, COMMISSIONS (dealt with under the Consent Agenda) 10 NEW BUSINESS
10.1 Councillor and Islands Trust Trustee Sue Ellen Fast re: Public Square Role 124 - 126 7:45 PM of Cardena Corner, dated November 13, 2018 (10 min)
Recommendation: That Council direct staff to prepare a report with recommendations for how to protect the "public square" role of the outdoor space used for community gatherings such as annual Remembrance Day ceremonies, and other gatherings, including Women's March in 2014, Green Man, May Day, Bowfest Parade and other, when planning improvements to the larger Cardena corner/library/cenotaph area.
10.2 Metro Vancouver Director, Councillor Hocking re: Update to Council on 7:55 PM Metro Vancouver business (verbal report) (5 min)
10.3 Islands Trust Municipal Trustees Fast and Kaile re: Update to Council on 8:00 PM Islands Trust business (verbal report) (5 min)
Bowen Island Municipality December 10, 2018 Regular Council Meeting Page 5 of 227
10.4 Any other new business 8:05 PM (5 min)
11 ITEMS REMOVED FROM THE CONSENT AGENDA 8:10 PM (10 min)
12 INFORMATION ITEMS 8:20 PM (5 min) Note to members of the Public: if your correspondence is referenced in this section below and you wish to speak to Council regarding such, you are welcome to appear during our "Public Comment" section near the beginning of this agenda
12.1 BIM Correspondence:
a. Mayor Ander re: Bowen Island Resilient Community Housing Letter of 127 - 128 Intent, dated November 19, 2018
b. Media Relese re: Building permit marks another milestone on the path to 129 our Community Centre, dated December 4, 2018
12.2 Councillor Michael Kaile re: Internet Connectivity Yea-end Update, dated 130 December 2, 2018
12.3 Islands Trust re:
a. Peter Luckham, Chair, Islands Trust Council re: Islands Trust November 6, 131 - 134 2018 Election Results and Committees, dated November 27, 2018
b. Trust Council Updates: November Advocacy: Pipelines, Hazardous 135 - 136 Substances, and Abandoned Vessels, dated November 23, 2018
12.4 Don Youngson re: Business Licences and Non Conforming Zoning, dated 137 November 28, 2018
a. Response from Business Licence Inspector, dated November 29, 2018 138 - 139
12.5 Cathy Peters re: Human Sex Trafficking/Child Sex Trafficking Public 140 - 202 Awareness Campaign, dated November 30, 2018
12.6 D. Malcolm Johnson re: Fifteen important questions to be asked of 203 - 208 TransLink, dated December 3, 2018
12.7 Peter King re: Bowen Island Express Bus - use of TransLink stops, dated 209 - 210 December 3, 2018
12.8 Peter Frinton re: Steep Slope DPA/ Site Alteration Permits, dated 211 November 30, 2018
12.9 Anton van Walraven re: Termpol review of navigational risks of LNG 212 - 219 tankers in Atl"Kitsem/Howe Sound, B.C., dated December 4, 2018
12.10 BC Assessment re: December Media Campaign - Preview of the 2019 220 - 221 Assessment Roll, dated December 4, 2018
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12.11 James Glave re: Opportunity to electrify the MV Queen of Capilano, 222 - 227 dated December 7, 2018
13 QUESTION PERIOD 8:25 PM (10 min) 14 ADJOURNMENT 8:35 PM
Bowen Island Municipality December 10, 2018 Regular Council Meeting Page 7 of 227 Regular Council Meeting November 26, 2018
DRAFT
A video recording of this meeting may be viewed at the following link: November 26, 2018 Regular Council Meeting
Minutes of the Regular Meeting of Bowen Island Municipal Council held Monday, November 26, 2018 at 6:15 PM at Municipal Hall, 981 Artisan Lane, Bowen Island, BC
COUNCIL IN ATTENDANCE Mayor Gary Ander Councillor Sue Ellen Fast Councillor David Hocking* via Skype Councillor Michael Kaile Councillor Alison Morse Councillor Maureen Nicholson Councillor Rob Wynen
STAFF IN ATTENDANCE Kathy Lalonde, Chief Administrative Officer Hope Dallas, Corporate Officer (minute-taker)
Raj Hayre, Chief Financial Officer Sara Huber, Planner 1
OTHERS IN ATTENDANCE 13 Members of the Public* (* denotes partial attendance)
OPENING OF COUNCIL Mayor Ander called the meeting to order at 6:15 PM. MEETING
APPROVAL OF AGENDA
RES#18-470 That Council approve the agenda and Late Items agenda for the November 26, 2018 regular Council meeting with the following amendments: • Deferral of Item 7.1 to December 10, 2018 regular Council meeting; • Deferral of Item 10.1 to January 14, 2019 regular Council meeting; and • Addition of Item to Section 10: Corporate Officer re: Council Interest in Metro Vancouver Standing Committee s (verbal report). CARRIED UNANIMOUSLY
Page 8 of 227 Regular Council Meeting November 26, 2018
PUBLIC COMMENTS Carol Reece re: Item 5.2: CLR- Mrs. Reece spoke in support her application for private moorage 05-2018 facility to access her property located on the northwest side of Bowen Island.
Murray Atherton re: Short Mr. Atherton spoke in support of Short Term Vacation Rentals Term Vacation Rentals (STVR’s) on Bowen Island. Mr. Atherton noted that when a STVR policy is brought forward Tourism Bowen Island would like to be involved in the discussion to help legalize accommodation rentals on Bowen Island.
CONSENT AGENDA RES#18-471 It was Moved and Seconded That Council approve the items as outlined in the November 26, 2018 Consent Agenda with the removal of the following items: • Item 3.2: BIM Traffic and Use of Streets Bylaw No.469, 2018, moved to Item 5.5; • Item 3.4: Major Road Network Expansion Update, moved to Item 11.1; • Item 3.5: Noise Exemption Application, moved to Item 11.2; • Item 3.7: Minutes of the Advisory Planning Commission meeting held October 22, 2018, moved to Item 11.3. CARRIED UNANIMOUSLY
START OF CONSENT AGENDA
ADOPTION OF MINUTES
Minutes of the regular That the minutes of the regular Council meeting held November 13, Council meeting held 2018 be adopted. November 13, 2018. RES#18-472
BYLAWS Item 3.2: BIM Traffic and Use of Streets Bylaw No.469, 2018, moved to Item 5.5 of the agenda.
STAFF REPORTS
Emma Chow, Island Council received a staff report from the Island Community Planner Community Planner re: requesting a letter be sent to North Shore Municipalities and the Bowen Island Spirit Trail, Squamish First Nation to request formal inclusion in the North Shore dated November 16, 2018 Spirit Trail.
RES#18-473 That a letter be sent under the Mayor’s signature to City of North Vancouver, District of North Vancouver, District of West Vancouver and Squamish First Nation requesting formal inclusion in the North Shore Spirit Trail.
Page 9 of 227 Regular Council Meeting November 26, 2018
Jennifer McGowan, Council received a staff report from the Emergency Program Emergency Program Coordinator relating to a grant opportunity through the Union of Coordinator re: Union of BC British Columbia Municipalities for $25,000 to carry out FireSmart Municipalities Community activities and education initiatives on Bowen Island. Resiliency Investment Application, dated November 19, 2018
RES#18-474 That Council support staff applying for the UBCM Community Resiliency Investment program grant and are willing to provide overall grant management in order to receive this funding; and That, pending grant approval, Council direct staff to include a provision in the 2019 budget for grant revenue and expenditures.
REPORTS OF COMMITTEES, COW, COMMISSIONS
Minutes of the Recreation Council received the minutes of the Recreation and Community and Community Services Services Commission meeting held November 7, 2018 for Commission meeting held information. There were no recommendations for Council’s November 7, 2018 consideration.
Minutes of the Housing Council received the minutes of the Housing Advisory Committee Advisory Committee meeting meeting held November 9, 2018 for information. There were no held November 9, 2018 recommendations for Council’s consideration.
INFORMATION ITEMS That Council receive the information as outlined in section 12 of the RES#18-475 November 26, 2018 regular Council meeting agenda.
END OF CONSENT AGENDA
DELEGATIONS Nil.
STAFF REPORTS Sara Huber, Planner 1 re: #203-992 Dorman Road: Happy Isle Cannabis & D.K. Harris Properties Ltd.
1. Temporary Use Permit The Planner 1 presented a staff report and PowerPoint Presentation (TUP-02-2018): 203-992 relating to an application for a Temporary Use Permit to allow for a Dorman Road (D.K. Harris non-medical cannabis retail store in Village Square. Discussion Properties Ltd.), dated ensued. November 16, 2018
RES#18-476 It was Moved and Seconded That Council issue Temporary Use Permit TUP-02-2018 to D.K. Harris Properties Ltd. for 203 – 992 Dorman Road, legally described as Strata Lot 9, District Lots 490 And 489, Group 1, New Westminster District, Strata Plan LMS3935. CARRIED UNANIMOUSLY
Page 10 of 227 Regular Council Meeting November 26, 2018
2. Provincial Referral (CLR- The Planner 1 presented a staff report and PowerPoint Presentation 04-2018): 203- 992 relating to a Provincial Referral for a non-medical cannabis retail store Dorman Road (Happy Isle on Bowen Island, and to present feedback received from the public. Cannabis Corporation), Discussion ensued. dated November 16, 2018
RES#18-477 It was Moved and Seconded Whereas Bowen Island Municipality has received a referral from the Liquor and Cannabis Regulation Branch (LCRB) for Non-Medical Cannabis Retail Store Application No. 000836 located at Strata Lot 9, District Lots 490 And 489, Group 1, New Westminster District, Strata Plan LMS3935; Therefore be it resolved that Council direct staff to indicate that Bowen Island Municipality has considered the general impact on the community and the views of residents, and recommends that the application be issued by the Liquor and Cannabis Regulation Branch (LCRB) with the conditions noted by the Planner 1’s staff report, dated November 16, 2018. CARRIED UNANIMOUSLY
Sara Huber, Planner 1 re: The Planner 1 presented a staff report and PowerPoint Presentation Crown Land Referral (CLR-05- relating to a proposed tenure for a private moorage facility located on 2018): Block C Reece (Private the northwest side of Bowen. Discussion ensued. Moorage Facility), dated November 19, 2018
RES#18-478 It was Moved and Seconded Whereas Bowen Island Municipality has received a referral from MFLNRORD for Crown Land Application File No. 2412085 located at Block C, District Lot 295, Group 1, New Westminster District, in relation to a proposed private moorage facility; Therefore be it resolved that Council direct staff to indicate that Bowen Island Municipality has no objection to the tenure application. CARRIED UNANIMOUSLY
Sara Huber, Planner 1 re: The Planner 1 presented a staff report and PowerPoint Presentation Crown Land Referral (CLR-07- relating to an application for renewal of a Licence of Occupation for 2018): 1107 Senator Road an existing private moorage facility located at 1107 Senator Road. (Hurlburt), dated November 16, 2018
RES#18-479 It was Moved and Seconded Whereas Bowen Island Municipality has received a referral from MFLNRORD for Crown Land Application File No. 2409255 located at 1107 Senator Road in relation to an existing private moorage facility; and Whereas the application is to replace an existing Licence of Occupation with a Specific Permission; Therefore be it resolved that Council has no objection to the application for the private moorage facility, as no further changes are being proposed. CARRIED UNANIMOUSLY
Page 11 of 227 Regular Council Meeting November 26, 2018
Sara Huber, Planner 1 re: The Planner 1 presented a staff report and PowerPoint Presentation Crown Land Referral (CLR-07- relating to an application for renewal of a Licence of Occupation for 2017): 1099 Senator Road an existing private moorage facility located at 1099 Senator Road. (Woodall), dated November 16, 2018 The CAO requested that staff contact the MFLNRORD requesting clarification on the varying periods for specific permission applications, and an update on any upcoming applications. The Planner 1 will follow-up with MFLNRORD and report back to Council.
RES#18-480 It was Moved and Seconded Whereas Bowen Island Municipality has received a referral from MFLNRORD for Crown Land Application File No. 2406480 located at 1099 Senator Road in relation to an existing private moorage facility; and Whereas the application is to replace an existing Licence of Occupation with a Specific Permission; Therefore be it resolved that Council has no objection to the application for the private moorage facility, as no further changes are being proposed. CARRIED UNANIMOUSLY
Sara Huber, Planner 1 re: The Planner 1 presented a staff report to Council outlining Bowen Island Municipality recommended changes to the Traffic and Use of Streets Bylaw to Traffic and Use of Streets address ferry-line up issues, and other amendments. Discussion Bylaw No.133, 2005, Ferry ensued. Line-Up Amendment Bylaw No.469, 2018, dated By consensus, Council agreed a separate bylaw specifically to address November 16, 2018 the issues of heavy trucks would be beneficial.
RES#18-481 It was Moved and Seconded That Council defer consideration of the following recommendation until the January 14, 2018 regular Council meeting: “That Bylaw No. 469, 2018, cited as “Bowen Island Municipality Traffic and Use of Streets Bylaw No. 133, 2005, Amendment Bylaw No. 469, 2018".”; and That Council direct staff to report back at a future meeting with a draft bylaw to address the need for updates to truck-related definitions. CARRIED UNANIMOUSLY
Page 12 of 227 Regular Council Meeting November 26, 2018
BYLAWS Judy McLeod, Planning The Planning Consultant presented a staff report and PowerPoint Consultant re: Bylaw No.468, Presentation regarding a text amendment to the Land Use Bylaw to 2018 (Medical Clinic Text include “Medical Clinic” as a permitted use in the Village Commercial Amendment), dated 1 (VC1) zone and in the Village Commercial (VC) zone. Discussion November 7, 2018 ensued.
RES#18-482 It was Moved and Seconded That Council defer consideration of the following recommendation until the January 14, 2018 regular Council meeting: “That Council rescind first reading of Bylaw No. 468, 2018 cited as “Bowen Island Municipality Land Use Bylaw No 57, 2002, Amendment Bylaw No. 468, 2018”; That Bylaw No. 468, 2018 cited as “Bowen Island Municipality Land Use Bylaw No 57, 2002, Amendment Bylaw No. 468, 2018” be read a first time as amended; That Bylaw No. 468, 2018 cited as “Bowen Island Municipality Land Use Bylaw No 57, 2002, Amendment Bylaw No. 468, 2018” be read a second time; and That Council refer proposed Bylaw No. 468, 2018 to a public hearing.” CARRIED UNANIMOUSLY
CORRESPONDENCE Sarah Haxby re: Complaint Council received a letter from Sarah Haxby regarding a complaint relating to invasive animal relating to invasive animal species on Bowen Island. Discussion species on Bowen Island, ensued. dated November 14, 2018
RES#18-484 It was Moved and Seconded That Council direct staff to research and report to Council on any regulatory authority the municipality may have and any potential strategies for managing invasive animal species on Bowen Island and alternatives individuals may use to help manage invasive animal species. CARRIED UNANIMOUSLY
REPORTS OF COMMITTEES, Reports of Committees, CoW and Commissions dealt with under the COW, COMMISSIONS Consent Agenda and section 11 Items Removed from the Consent Agenda.
Page 13 of 227 Regular Council Meeting November 26, 2018
NEW BUSINESS Hope Dallas, Corporate The Corporate Officer noted that Metro Vancouver Chair Dhaliwal has Officer re: Council interest in requested that members of Council interest in serving on the Metro serving on Metro Vancouver Vancouver Standing Committees put their names forward for Standing Committees consideration. Discussion ensued.
RES#18-485 It was Moved and Seconded That Council support Councillors Hocking, Nicholson and Wynen to be considered as members of the Metro Vancouver Standing Committees, and that the Corporate Officer indicate their interest as follows: • Councillor David Hocking: Climate Change, Housing and Planning; • Councillor Maureen Nicholson: Parks and Culture; and • Councillor Rob Wynen: general interest. CARRIED UNANIMOUSLY
Metro Vancouver Director, Director Hocking reported on Metro Vancouver business, specifically David Hocking re: Update to noting the Metro Vancouver Board in Brief from the meeting held Council on Metro Vancouver November 16, 2018. business
Islands Trust Municipal Trustees Fast and Kaile provided an update on Islands Trust business. Trustees Fast and Kaile re: Key points included: Update to Council on Islands • Finance Committee plans to review the financial calculation Trust business used for Bowen’s contribution to the Islands Trust. • Opportunity for a sea level rise workshop through the Living Oceans Society. • Announcement of the Islands Trust Annual Report at the legislature by Minister Robinson.
RES#18-486 It was Moved and Seconded That Council direct staff to contact Islands Trust staff indicating Bowen Islands interest in hosting a Sea Level Rise workshop. CARRIED UNANIMOUSLY
ITEMS REMOVED FROM THE
CONSENT AGENDA Emma Chow, Island Council received a staff report from the Island Community Planner Community Planner re: Major regarding an update on Bowen’s status in the Mayor Road Network Road Network Expansion (MRN) expansion. Discussion ensued. Update, dated November 19, 2018 The Chief Financial Officer noted that inclusion in the MRN is a much needed and welcomed funding source for the maintenance and rehabilitation of a section of road from Snug Cove to Mt. Gardner.
RES#18-487 It was Moved and Seconded That Council receive for information the Major Road Network Expansion Update Report from the Island Community Planner, dated November 19, 2018. CARRIED UNANIMOUSLY
Page 14 of 227 Regular Council Meeting November 26, 2018
Donna Bottay, Bylaw Services Council received a staff report from the Bylaw Services Officer Officer re: Noise Exemption regarding a noise exemption application from Bowen Island Application: Community Municipality for a Community Centre Fundraiser to be held at the Centre Fundraiser, December Bowen Island Community School on December 15, 2018. 15, 2018 Clarification was requested relating to neighbours not being canvased for the event. The CAO noted that the school does not have any neighbours within the required 100 metres.
RES#18-488 It was Moved and Seconded That Council approve the application made by Bowen Island Municipality for an exemption to Noise Control Bylaw No.108, 2004 for an event to be held at Bowen Island Community School, 1041 Mt. Gardener Rd. from 7:00 p.m. until 12:00 a.m. on December 15, 2018. CARRIED UNANIMOUSLY
Minutes of the Advisory Council received the minutes of the Advisory Planning Commission Planning Commission meeting held October 22, 2018 for information. meeting held October 22, 2018 Council members noted that the concerns raised by the APC relating to the subdivision for Lot 3 have not been addressed.
RES#18-489 It was Moved and Seconded That Council refer the recommendation from the Advisory Planning Commission meeting held October 22, 2018 relating to the draft subdivision plan to staff for review and to report back at January 14, 2019 Council meeting. CARRIED UNANIMOUSLY
QUESTIONS FROM THE Nil. MEDIA
ADJOURNMENT By unanimous consent, the meeting adjourned at 8:14 PM.
Certified Correct:
Gary Ander Hope Dallas
Mayor Corporate Officer
Page 15 of 227
To: Mayor Ander and Council
From: Sara Huber, Planner 1, Planning
Date: November 30, 2018 Meeting Date: December 10, 2018
Subject: Environment and Climate Action Advisory Committee 2019 Work Plan
RECOMMENDATION That Council approve the Environment and Climate Action Advisory Committee 2019 Work Plan, as attached to the Planner 1’s staff report, dated November 30, 2018; and That Council refer the Environment and Climate Action Advisory Committee 2019 Work Plan to the 2019 Strategic Planning process.
PURPOSE The purpose of this report is to submit the Environment and Climate Action Advisory Committee’s 2019 Work Plan for Council’s consideration.
BACKGROUND The Environment and Climate Action Advisory Committee (ECAAC) was established in February 2018 to provide Council with advice and recommendations on environmental issues that will improve the quality of life, the livability, and the working environment for the residents, visitors and businesses of Bowen Island Municipality through the integration of the principles of sustainability and sound environmental practice into all municipal functions, operations and policies.
Since ECAAC’s inception, the Committee has met five times to review and discuss various issues, including the BC Energy Step Code, invasive species management, anaerobic digesters, and composting. The Committee has also discussed priorities and initiatives it would like to undertake in 2019, as summarized in Attachment 2 – ECAAC 2019 Work Plan.
DISCUSSION The 2019 Work Plan initiatives are reflective of the ECAAC’s mandate and focus on the implementation of the strategic pillars and priorities identified in the Island Plan and on community-based needs and demands.
FINANCIAL IMPLICATIONS There are no identified financial implications.
COMMUNICATION STRATEGY The Work Plan will be posted on the Municipal website. Any comments made by Council will be communicated to the public through the Council Meeting Minutes, which are available on the Municipal website and at the Municipal Office.
Page 16 of 227
ALTERNATIVES 1. That Council approve the ECAAC 2019 Work Plan as proposed 2. That Council approve the ECAAC 2019 Work Plan subject to stated revisions 3. Other implications as identified by Council
Attachments and References: Attachment 1 – ECAAC Terms of Reference Attachment 2 – ECAAC 2019 Work Plan
SUBMITTED BY: ______Sara Huber Planner 1
REVIEWED/APPROVED BY: ______Kathy Lalonde Chief Administrative Officer
Page 17 of 227
Environment and Climate Action Advisory Committee (ECAAC) 2019 Work Plan
Table 1 – Committee Workplan 2019
STRATEGIC ACTION METHODS TASK / MEMBER ASSIGNED PARTNERSHIPS
WATER CONSERVATION Overall Objective: To ensure that there is adequate water supply for nature, consumption, and fire protection.
Increase the use of non-potable water • Research – size, cost, types, options, materials, • Sara to reach out to Sunshine • Emergency Management cisterns for fire protection and outdoor set-ups, aesthetics, etc. Coast Regional District British Columbia water use • Create an initiative to increase uptake of water programmer cisterns based on research findings (to be • Will to research Islands Trust completed for 2020) programs
Collect rainfall and aquifer data for the • Adopt a network of groundwater monitoring • Alan to confirm existing and • Grafton Lake Lands purpose of sustainable water resource wells potential sources with Public Project management • Review the water level data as available Works and Local Developers • Public Works Department
Increase irrigation efficiency and decrease • Acquire and provide information to the • David to check with the Garden • Bowen Island Garden Club water use amongst gardeners community regarding outdoor water use Club about setting up a • Implement advertisements, signs, to promote communication program outdoor water use consciousness
Provide education to the public on water • Research concept of water school • Laura to speak to BICS school • Bowen Island Community consciousness • Link with BICS and other schools coordinator and Metro School Vancouver • Island Pacific School • Denise to explore concept of • Island Discovery School Page 18 of 227 Water School
STRATEGIC ACTION METHODS TASK / MEMBER ASSIGNED PARTNERSHIPS
WASTE MANAGEMENT Overall Objectives: To make substantial steps towards zero waste.
Reduce off-Island transportation of waste • Continue to research organic waste diversion • Alan to follow up on nutrient • Bowen Waste Service and use this waste as a renewable • Work with Municipality to assess the content of digester biomass • Island Businesses resource feasibility of integrating the digester into the • Mark to assist with feasibility • Knick Knack Nook Bowen Waste contract of digester • Contribute to the discussion regarding uses of digester by-product Demonstrate feasibility of biochar from • Create a demonstration biochar project • Alan to demonstrate for ECAAC • Bowen in Transition local wood waste Reduce plastic and waste and increase • Encourage businesses to switch to • Denise to connect with the • Island Businesses recycling of alternative materials compostable take out containers through a Ruddy to assist in public • Economic Development public education program awareness Committee • Research Best Practices for managing waste • Mark to research best practices STRATEGIC ACTION METHODS TASK / MEMBER ASSIGNED PARTNERSHIPS
BUILDING EFFICIENCY Overall Objective: To improve the energy efficiency of new and existing building stock.
Find implementation pathway for BC • Research policy options for the integration of • Sara to provide other local • Building Department Energy Step Code for re-zoning Step Code in re-zonings government examples • Community Energy applications • Recommend policy for Council’s review • ECAAC to consider options to Association recommend to Council Recommend an education program to • Research possible skills training required • ECAAC • Building Department prepare local builders for Step Code • Identify Provincial courses/seminars available • Community Energy Page 19 of 227 implementation • Research opportunity for on-Island Association education/training
Create pathway to meet Step 3 of the BC • Assist in the establishment of a consultation • ECAAC • Building Department Energy Step Code by Fall 2021 program/schedule • Economic Development Committee • Bowen in Transition
Review Land Use Bylaw and Official • Review the OCP and LUB and make • ECAAC • Planning Department Community Plan for opportunities to suggestions/recommendations on sections encourage energy performance that may limit energy performance potential • Provide suggestions to Council for consideration Establish Fee Rebate to encourage Step • Link rebates to BC Energy Step Code • Sara to provide other local • Building Department Code uptake performance requirement government examples • Determine funding source for rebate (higher • ECAAC to consider fees for other permits, operating budget, internal fund, tax increase, etc.) STRATEGIC ACTION METHODS TASK / MEMBER ASSIGNED PARTNERSHIPS
TRANSPORTATION Overall Objective: To encourage implementation of the BIM Transportation Plan
Support ongoing transportation initiatives • Communicate with BIMTAC as appropriate • ECAAC • BIMTAC
STRATEGIC ACTION METHODS TASK / MEMBER ASSIGNED PARTNERSHIPS ENVIRONMENTAL PROTECTION Overall Objective: To preserve natural capital from stresses from development and climate change
Support Conservation Development • David • Advisory Planning Commission Assess options for shoreline protection • Review existing research • Sue Ellen feasibility and mechanisms Assist in the establishment of a Site • Review existing research regarding feasibility • Sara to provide previous Alteration Bylaw of adopting a Site Alteration Bylaw research for ECAAC’s review
Page 20 of 227 Review the Hazard, Risk and Vulnerability • ECAAC • Emergency Management Assessment (2018) British Columbia
Assess opportunity for Bowen to • Research the program costs and whether • Mark • MNAI participate in the Municipal Natural Assets external agency is required to participate Initiative (MNAI) Support implementation of the Parks Plan • Review Parks Plan • ECAAC • ECAAC
STRATEGIC ACTION METHODS TASK / MEMBER ASSIGNED PARTNERSHIPS
CLIMATE ACTION Overall Objective: To measure and report on substantial actions to address climate change
To report out to the Climate Action • Summarize initiatives that have been • ECAAC to assist with • Chief Financial Officer Revenue Incentive Program (CARIP) undertaken that support climate action summarizing initiatives • Community groups • Follow Provincial reporting guidelines • Maureen and Sue Ellen to create report TO ensure Community Energy and • Review initiatives and inventory completed • Sara to summarize status of Emissions Plan (CEEP) Implementation items initiatives and bring to ECAAC meeting for discussion Continue Climate Conversations • Organize events as opportunities arise (e.g. • ECAAC to assist with topics for CARIP) Climate Conversations • Consider possible topics for event • Maureen to organize events
Purpose: Provide Council with advice and recommendations on environmental issues that will improve the quality of life, the livability, and the working environment for the residents, visitors and businesses of Bowen Island Municipality through the integration of the principles of sustainability and sound environmental practice into all municipal functions, operations and policies.
Mandate: The duties and responsibilities of the Committee include the following: a. Provide advice and recommendations to Council on a wide range of existing and emerging environmental issues and trends including strategic planning initiatives, bylaws, and policy development; b. Provide a local perspective on the environment while giving due consideration to the balance between social, environmental and economic aspects; c. Identify and advise on ways to build local environmental awareness, to enhance environmental programs, and promote strong environmental stewardship within the Municipality; Page 21 of 227 d. Review environmental requirements for new development or redevelopment within the Municipality when referred by Council; e. Continue work on meeting targets for corporate carbon neutrality and report on progress through the provincial Climate Action Revenue Incentive Program*; f. Provide leadership in implementing and public education on environmental strategies and actions as directed by Bowen Island Municipality; g. Encourage and support community-based initiatives, as appropriate, related to climate action; and h. Pursue any other matters referred to the Committee by Council and report back to the Council expeditiously, as required.
* the Climate Action Revenue Incentive Program (CARIP) is a conditional grant program that provides funding to local governments that have signed the BC Climate Action Charter equal to 100 percent of the carbon taxes they pay directly to support municipal operations. The program encourages investment in climate action, including: policy development, OCP updates, area plans, sustainability plans, age friendly planning, GHG reduction strategies, replacing trees, etc.
Page 22 of 227 Environment and Climate Action Advisory Committee November 7, 2018 Meeting
DRAFT
Environment and Climate Action Advisory Committee Meeting View the Video
Minutes of the Environment and Climate Action Advisory Committee Meeting held Wednesday, November 7, 2018 at 7:00 PM at Municipal Hall, 981 Artisan Lane, Bowen Island, B.C.
COMMITTEE IN ATTENDANCE David Hocking, Chair Laura Kastrup, Vice Chair Mark Edmonds Denise Richard Alan Whitehead Councillor Maureen Nicholson (arrived at 7:15 PM) Sara Huber, Island Community Planner 1
STAFF IN ATTENDANCE Stefania Shortt, Committee Clerk
REGRETS Councillor Sue Ellen Fast Will Husby
OPENING OF MEETING The Chair called the meeting to order at 7:02 PM.
APPROVAL OF AGENDA
Introduction of Late Items It was Moved and Seconded That the Environment and Climate Action Advisory Committee approve the agenda for the November 7, 2018 meeting as amended. CARRIED UNANIMOUSLY
ADOPTION OF MINUTES
Minutes of the October 17, It was Moved and Seconded 2018 Environment and That the minutes of the Environment and Climate Action Advisory Climate Action Advisory Committee meeting held October 17, 2018 be adopted. Committee Meeting CARRIED UNANIMOUSLY
PUBLIC COMMENTS There were no public comments.
ACTION ITEMS
Review of Action Items from The Committee reviewed the action items from previous meetings. the October 17, 2018 Status was noted. meeting
Page 23 of 227 Environment and Climate Action Advisory Committee November 7, 2018 Meeting
BUSINESS ARISING FROM
THE MINUTES
Development of the 2019 The Committee workshopped the 2019 ECAAC Work Plan. Next steps: ECAAC Work Plan 1. Staff to finalize work plan 2. Staff to distribute by email for comment by Wednesday, November 16, 2018 3. Committee to approve or provide comments by Friday, November 18, 2018 4. Work plan to the November 26, 2018 Regular Council meeting
Related discussion included:
• Composting digestor: Ruddy Potato had expressed interest in supporting the purchase of the digester. • Municipal Natural Assets Initiative (MNAI): Discussed inviting a speaker to present and possible pilot partner opportunity in Gibsons.
Action Items
Alan Whitehead: Follow-up on nutrient content of digestor by-product. David Hocking: Call Ellen MacIntosh regarding the composting digester. Sara Huber: Review 2018 CEEP Work Plan, create an inventory of completed actions, and include remaining actions in 2019 ECAAC Work Plan.
It was Moved and Seconded That Environment and Climate Action Advisory Committee recommend that Council approve the 2019 Work Plan as amended. CARRIED UNANIMOUSLY
NEXT MEETING Wednesday, December 5, 2018 at 7:00 PM
ADJOURNMENT By unanimous consent, the meeting adjourned at 9:02 PM.
Certified Correct:
David Hocking Stefania Shortt Chair Committee Clerk
Page 24 of 227
To: Mayor Ander and Members of Council
From: Kathy Lalonde, Chief Administrative Officer
Date: December 7, 2018 Meeting Date: December 10, 2018
Subject: Community Child Care Planning Program Grant Opportunity
RECOMMENDATION That Bowen Island Municipal Council support the Community Child Care Planning Program grant application to develop a community child care space creation action plan; That Bowen Island Municipality is willing to provide overall grant management if successful; and That staff be directed to work with the Executive Director, Bowen Children’s Centre to prepare and submit grant application by January 18, 2019.
PURPOSE To provide Council with information regarding the opportunity to apply for a Community Child Care Planning Program Grant.
BACKGROUND On December 5, 2018, the Executive Director of the Bowen Children’s Centre contacted the Mayor and CAO regarding the above-noted granting opportunity. See attached correspondence formally requesting the Municipality’s involvement.
The BC Ministry of Children and Family Development is earmarking $2.85 million for the Community Child Care Planning Program. Under the program, eligible projects can receive up to $25,000. The program is administered by the Union of BC Municipalities.
COMMUNITY CHILD CARE PLANNING PROGRAM The Community Child Care Planning Program will provide funding for local governments to engage in child care planning activities in order to develop a community child care space creation action plan. Through partnerships and engagement, all funded projects will collect information regarding the child care needs of the community; create an inventory of existing child care spaces; identify space creation targets over the next 10 years; and identify actions that can be taken to meet those space creation targets.
The information gathered through these plans will be shared with the BC Ministry of Children and Family Development, and may inform future investments in child care space creation that the
Community Child Care Planning Program Grant Application Page 1 of 2 December 10, 2018 Page 25 of 227 Government of British Columbia may provide to Bowen Island through programs such as the Child Care BC New Spaces Fund.
FINANCIAL IMPLICATIONS The Community Child Care Planning Program can contribute a maximum of 100% of the cost of eligible activities – to a maximum of $25,000. Eligible costs include consultant costs; incremental applicant staff and administration costs; and public information costs.
COMMUNICATION STRATEGY At this time, communications are limited to this report. If the Municipality receives the grant funding, a plan will be developed to identify community stakeholders and public consultation strategies.
CONCLUSION Mayor Ander and staff feel this is a worthwhile use of staff time and could help create much need child care space in the future. The application deadline is January 18, 2019. Applicants will be advised of the status of their application within 90 days of the application deadline.
ALTERNATIVES 1. That Council not pursue the Community Child Care Planning Program grant application
Attachments and References: • Correspondence from Ann Silberman, Executive Director, Bowen Children’s Centre, dated December 7, 2018 • 2019 Community Child Care Planning Program & Application Guide [PDF - 587 KB]
Page 26 of 227
Bowen Children’s Centre
650 Carter Road, Bowen Island, BC V0N 1G2 (604)947-9626 [email protected] l
December 7, 2018
Dear Mayor and Council,
Congratulations on your recent election.
I am writing this letter to bring to your attention a new grant application for local governments in BC – the Community Child Care Planning Program Grant:
The Community Child Care Planning Program will provide funding for local governments to engage in child care planning activities in order to develop a community child care space creation action plan https://www.ubcm.ca/assets/Funding~Programs/LGPS/Childcare/childcare-2019-planning-program-guide.pdf
I would like to help the Muni apply for this money so that, if successful, Bowen Island will have a child care plan for the next 10 years. Both “Before and After School Care” as well as “Infant Toddler” care are still huge needs on Bowen Island and, due to our population stats, this need is only going to increase:
464 children between the ages of birth and four years old (2016 Census) 3rd largest elementary school in the West Van district - over 300 children
The application is due on January 18th so time is of the essence. The grant is the first step in looking in depth at Bowen’s child care needs in a planned, organized, collaborative, and cooperative process. If successful, I believe a municipal child care plan would benefit not only Bowen families, but also the Municipality as a whole, letting families know we are aware of the issues and are striving to resolve them, together.
Sincerely, Ann Silberman, Executive Director Bowen Children’s Centre
PS link to an article about Victoria’s application: https://www.timescolonist.com/news/local/victoria-mayor-councillor-call-for-city-wide-daycare-action-plan-1.23516367
Page 27 of 227 Economic Development Committee Meeting November 16, 2018
DRAFT
Economic Development Committee Meeting View the Video
Minutes of the Economic Development Committee Meeting held Friday, November 16, 2018 at 9:30 AM at Municipal Hall, 981 Artisan Lane, Bowen Island, B.C.
COMMITTEE IN ATTENDANCE John Parker, Chair Rod Marsh, Co-Vice Chair Ed Wachtman, Co-Vice Chair Robyn Fenton Vaune Kolber Maureen Sawasy
STAFF IN ATTENDANCE Daniel Martin, Manager of Planning and Development Tess Taylor, Business License Inspector Stefania Shortt, Committee Clerk
OTHERS IN ATTENDANCE One member of the public (Cameron Rolfe)
REGRETS Jacqueline Massey Barry Pynn Councillor Maureen Nicholson
OPENING OF MEETING The Chair called the meeting to order at 9:33 PM.
APPROVAL OF AGENDA
Introduction of Late Items It was Moved and Seconded That the Economic Development Committee approve the agenda for the November 16, 2018 meeting as amended. CARRIED UNANIMOUSLY
ADOPTION OF MINUTES
Minutes of the October 12, It was Moved and Seconded 2018 Economic Development That the minutes of the Economic Development Committee meeting Committee Meeting held November 16, 2018 be adopted. CARRIED UNANIMOUSLY
There were no public comments. PUBLIC COMMENTS
Page 28 of 227 Economic Development Committee Meeting November 16, 2018
ACTION ITEMS
Review of Action Items from The Committee reviewed the action items from previous meetings. the October 12, 2018 Status was noted. meeting
BUSINESS ARISING FROM
THE MINUTES
Building Trades Business The Committee discussed the notes from the Building Trades Business Breakfast (Wednesday, Breakfast held on Wednesday, October 24, 2018, and agreed that: October 24, 2018) • Follow up with participants of the three breakfasts by an EDC subcommittee was advisable • Future events would be more time effective were there less breakfast and more coffee • EDC could support the formation of business associations by providing information
Action Items
Distribute breakfast notes to attendees (Stef Shortt). Schedule inaugural Business Engagement Working Group meeting (Robyn Fenton, Vaune Kolber, Rod Marsh, Ed Wachtman). Research how Building Trades Associations are formed and operated in comparator communities (Rod Marsh and Robyn Fenton).
It was Moved and Seconded That the Economic Development Committee approve the notes from the three engagement sessions of 2018: Food (April 11, 2018), Retail (June 27, 2018) and Building Trades (October 24, 2018) Business Breakfasts; and, recommend that the notes be included in the Economic Development Committee 2018 Annual Report to Council. CARRIED UNANIMOUSLY
It was Moved and Seconded That the Economic Development Committee strike a Business Engagement Working Group comprising Robyn Fenton, Vaune Kolber, Rod Marsh and Ed Wachtman. CARRIED UNANIMOUSLY
Business Licensing (Tess Daniel Martin, Manager of Planning and Development, and Tess Taylor, Business License Taylor, Business License Inspector, provided information regarding Inspector and Daniel Martin, business licensing including: Manager of Planning and • Bylaw No. 465, 2018 Development) • Draft Bylaw to amend Bylaw No. 196, 2008 • Business License Communications Plan Page 29 of 227 Economic Development Committee Meeting November 16, 2018
Discussion ensued and the following points were highlighted:
• Fee schedule is not automatic: A business will not have to pay 90 fines if it received a letter 90 days prior, rather there would be one fine per violation notice. • Inspections will not be automatic for applications. Instead, application forms will include a checklist of regulations that the applicant will agree they are complying with. Inspections will be triggered by complaints. • Off-Island businesses: Information will be provided when they go to the building department to get their permits. Work not requiring a permit will be more challenging to track. • Staff will be recommending to Council that an island-wide work plan regarding Temporary Use Permits for non- compliant Short-Term Vacation Rentals be developed which would include a limit of the number permitted.
Buy Local Robyn Fenton and Stef Shortt, EDC Staff Liaison, advised that BC Buy Local Week would be December 3 – 9, 2018, and provided:
• Loco BC Partnership Opportunities Information • Thank You for Shopping Local Bowen Undercurrent Ad • Ad Campaign Timeline
They proposed that, in collaboration with Loco BC, the EDC run a weekly ad promoting the Buy Local campaign and run daily digital ads during the week of December 3 – 9. Discussion ensued.
It was Moved and Seconded That the Economic Development Committee resolve to pay for a half page Buy Local ad in the Bowen Undercurrent to run until the end of December 2018 and a quarter page until end of March 2019; and, to purchase a Loco BC Champion Level membership. CARRIED UNANIMOUSLY
UPDATES
Tourism Bowen Island: AGM Maureen Sawasy, Tourism Bowen Island Board Member, provided an Tues. Nov. 20 at 5pm update regarding Tourism Bowen Island which included: • Annual General Meeting on November 20, 2018 at 5:00pm • Three directors would be stepping down and new members were needed • Light Up Bowen was seeking volunteers
Discussion ensued regarding the importance of TBI and BIM collaboration, particularly regarding the development of an up to date tourism strategy.
Page 30 of 227 Economic Development Committee Meeting November 16, 2018
Bowen Island Arts Council Ed Wachtman, Co-Vice Chair, advised that the new BIAC visual identify would be unveiled at its AGM on Sunday, November 18 from 3:00pm.
Council No report.
Staff No report.
Province No report.
NEW BUSINESS
2019 Work Plan and Budget The Committee reviewed the 2018 Work Plan and Budget costs to date and it was noted that upcoming expenses would include funding for the Shop Local campaign. Discussion ensued and it was agreed that the 2019 Work Plan and budget request would be an agenda item for the December 14, 2018 EDC meeting and that the development of a Tourism Master Plan would be included.
Action Item
Update 2018 costs and budget and include on next agenda for discussion and development of 2019 Work Plan (Stef Shortt).
It was Moved and Seconded That the Economic Development Committee resolve to sponsor food for the Tourism Bowen Island Annual General Meeting to engage with local businesses for $250 subject to authorization from Chief Administrative Officer. CARRIED UNANIMOUSLY
2019 Business Summit The Committee discussed the 2019 EDC Business Summit and decided 1. Date to hold it on Tuesday, February 19, 2018, venue depending. 2. Agenda Members agreed to hire a keynote speaker and discussion on topics for such included ideas such as land-use planning, business community visioning, community economic development and BC Loco.
It was Moved and Seconded That the EDC Staff Liaison research a venue and keynote speaker for the Annual Business Summit to be held on February 19, 2019. CARRIED UNANIMOUSLY
Community Story Ed Wachtman, Co-Vice Chair, advised that the Community Story Working Group had met and decided to publish a series of stories and videos regarding our “being better for being here”. He further advised that the Bowen Conservancy would be hosting four hikes into the areas identified as potential logging sites and that an invitation to the Page 31 of 227 Economic Development Committee Meeting November 16, 2018
Ministry of Forests, Lands and Natural Resource Operations had been extended.
Check In Discussed. Action Item
Add “please attend” to the EDC meeting announcements in the newspapaer and expand the scope of the agenda email distribution group (Stef Shortt).
INFORMATION ITEMS
Letter of Support for the Provided. Community Centre dated October 12, 2018
NEXT MEETING Friday, December 14, 2018 at 9:30 AM
ADJOURNMENT By unanimous consent, the meeting adjourned at 11:04 AM.
Certified Correct:
John Pakrer Stefania Shortt Chair Committee Clerk
Page 32 of 227
To: Mayor Ander and Council
From: Emma Chow, Island Community Planner, Planning & Development
Date: November 30, 2018 Meeting Date: December 10, 2018
Subject: 1325 Catalina Rd Stephen Campbell Lot D of 2, Plan 12746, Block A, DL 1553 File No. DVP-03-2018
RECOMMENDATION That Council issue Development Variance Permit DVP-03-2018 for the variance of side setback for 1325 Catalina Rd, legally described as Lot D of 2, Plan 12746, Block A, DL 1553, PID 008-830-100.
PURPOSE The purpose of this report is to provide results of public notice for application DVP-03-2018, and to present the permit for Council’s consideration.
BACKGROUND Details of this application are set out in the staff report dated November 2, 2018 (see Attachment 2). At the November 13th meeting, Council passed a resolution authorizing staff to provide notice to all properties within 100 metres of the subject property, advising that Council would be considering issuance of DVP-03-2018 at the December 10th Council meeting. Notice advised that written comments regarding the proposal could be submitted to the Planning Department for Council’s consideration up until December 7th.
Notice was mailed to all property owners within 100 metres of the property with information that the draft Development Variance Permit could be inspected at Bowen Island Municipal Hall, and that staff were available to answer questions or relay comment to Council. 8
ALTERNATIVES TO VARIANCE Alternative siting of proposed development may be possible outside of required setbacks. However, variance will enable to the use of existing concrete foundations. To use this site without the requested variance will require costly removal and rebuild of the existing foundations.
RESPONSES TO NOTICE One written response was received in support of the application (Attachment 3). Any further written comments received prior to the Council meeting will be presented on table for Council’s consideration.
FINANCIAL IMPLICATIONS This application is not anticipated to have financial implications for the Municipality. Page 33 of 227 COMMUNICATION STRATEGY Should the Development Variance Permit be issued by Council, notice will be included in the Council Highlights and in Council minutes of the meeting.
ALTERNATIVES Council has the following options available: 1. That Council issue Development Variance Permit DVP-03-2018 as drafted; 2. That Council not issue Development Variance Permit DVP-03-2018 for reasons stated in a resolution of Council; 3. Other options as determined by Council.
SUMMARY / CONCLUSION The variance is minimal and for the purpose of retaining existing concrete foundations. Staff recommend that Council issue Development Variance Permit DVP-03-2018 as drafted.
Attachments and References: Attachment 1 – Draft Development Variance Permit DVP-03-2018 Attachment 2 – Introduction Council Report DVP-03-2018, November 2, 2018 Attachment 3 – Public submission
SUBMITTED BY: ______Emma Chow Island Community Planner
REVIEWED/APPROVED BY: ______Kathy Lalonde Chief Administrative Officer
Page 34 of 227
DEVELOPMENT VARIANCE PERMIT
Permit No. DVP-03-2018 Folio No. ###.#####.### Issued to: Stephen Campbell Site Addresses: 1325 Catalina Rd The lands affected by and subject to this permit are shown on Schedule "A", Location Map, attached hereto, which forms an integral part of this permit, and are legally described as:
Lot D of 2, Plan 12746, Block A, DL 1553 PID: 008-830-100
LIST OF ATTACHMENTS
Schedule “A”: Location Map Schedule “B”: Site Plan Appendix I: Notice of Permit
AUTHORITY TO ISSUE This Development Variance Permit is issued pursuant to Section 498 of the Local Government Act.
BYLAWS SUPPLEMENTED OR VARIED
“Bowen Island Municipal Land Use Bylaw No. 57, 2002” is varied as follows:
1. Section 4.5.2(1) Setbacks is varied by reducing the minimum setback from the side (north) lot line from 3.0 metres to the following in accordance with the Site Plan attached hereto as Schedule “B”:
a. 2.5 metres, clear-to-sky for the wall of the house
SPECIAL TERMS AND CONDITIONS
1. No variances other than those specifically set out in this permit are implied or to be construed.
2. If a holder of this permit does not commence the construction with respect to which the Permit was issued within two (2) years after the date of the permit, this permit shall lapse.
3. Development of the lots shall be undertaken only on the land to which this permit is issued in strict accordance with the Site Plan attached hereto as Schedule “B”.
4. All new construction shall be substantially in compliance with Schedule “B”.
Page 35 of 227 Development Variance Permit DVP-03-2018 page 2
GENERAL TERMS AND CONDITIONS
1. This Development Variance Permit is issued pursuant to Section 498 of the Local Government Act.
2. This Development Variance Permit shall not vary the permitted uses or densities of land use in the applicable zoning bylaw nor a flood plain specification designated under Section 524(2) of the Local Government Act.
3. Nothing in this permit shall in any way relieve the developer’s obligation to ensure that the development proposal complies in every way with the statutes, regulations, requirements, covenants, easements, right-of-ways, and licences applicable to the undertaking.
4. Nothing in this permit shall in any way relieve the developer’s obligation to comply with all regulations for construction of structures (including the BC Building Code, BC Plumbing Code and the BC Fire Code) and requirements regarding the provision of on-site services pursuant to the Public Health Act, the Fire Services Act, the Safety Standards Act, and any other provincial statutes.
SECURITY DEPOSIT
1. As a condition of the issuance of this Permit, and pursuant to Section 502 of the Local Government Act, the Municipality is holding the security set out below to ensure that development is carried out in accordance with the terms and conditions of this Permit.
2. Should the holder of this permit:
a) fail to complete the works required to satisfy the conditions contained herein, and/or b) contravene a condition of the permit in such a way as to create an unsafe condition,
3. The Municipality may undertake and complete the works required to satisfy the landscaping conditions, or carry out any construction required to correct an unsafe condition at the cost of the holder of the permit and may apply the security in payment of the costs of the works, with any excess to be returned to the holder of the permit.
4. Security Posted: (a) an irrevocable letter of credit in the amount of: $ N/A . (b) the deposit of the following specified security: $ N/A .
Note: Bowen Island Municipality shall file a notice of this permit in the Land Title Office stating that the land described in the notice is subject to Development Variance Permit Number DVP-03-2018. The notice shall take the form of Appendix I attached hereto. ______
AUTHORIZING RESOLUTION PASSED BY THE COUNCIL OF BOWEN ISLAND MUNICIPALITY ON THE ## DAY OF month, year.
Page 36 of 227 Development Variance Permit DVP-03-2018 page 3
______Chief Administrative Officer
THIS IS NOT A BUILDING PERMIT
Page 37 of 227 Development Variance Permit DVP-03-2018 page 4
SCHEDULE "A" Location Map
1325 Catalina Rd, legally described as Lot D of 2, Plan 12746, Block A, DL 1553, PID: 008-830-100
Page 38 of 227 Development Variance Permit DVP-03-2018 page 5
SCHEDULE "B" Site Plan
CATALINA RD
N
Page 39 of 227 Page 40 of 227
To: Mayor Ander and Council
From: Emma Chow, Island Community Planner, Planning & Development
Date: December 6, 2018 Meeting Date: December 10, 2018
Subject: Veterans Park Bowen Island Municipality Lot A, Broup 1, BCP 16183 except EPP73590, DL 1546 & 1547 File No. RZ-04-2018/OCP-01-2018
RECOMMENDATION
1. That Bylaw No. 474, 2018 cited as “Bowen Island Municipality Official Community Plan Bylaw 282, 2010 Amendment Bylaw No. 474, 2018” be read a first time; 2. That Bylaw No. 473, 2017 cited as “Bowen Island Municipality Land Use Bylaw No. 57, 2002 Amendment Bylaw No. 473, 2018” be read a first time as; 3. That Council refer Bylaw Nos. 473, 2018 & 474, 2018 to the Advisory Planning Commission, West Vancouver Schools and the Islands Trust; and 4. That Council direct staff to report back with the results of the referral of the application.
PURPOSE The purpose of this report is to provide information to Council for an application to amend the Official Community Plan (OCP) and Land Use Bylaw (LUB) for Veterans Park, for consideration of first reading and discussion.
BACKGROUND In June of 2016, Council issued a Temporary Use Permit (TUP) for Veterans Park to permit recreational uses and a public works yard:
RES#16-188 It was Moved and Seconded That Council issue Temporary Use Permit TUP-01-2016 to the Bowen Island Municipality for Athletic Park Field, legally described as Lot A, DL 1546 & 1547, Group 1, NWD PLAN BCP 16183 PID: 026-260-077 as amended: - Point 6, remove April 15th to October 15th ; and - Point 10: Hours of Operation, change to Sept 6- May 30th. CARRIED UNANIMOUSLY
At the June 25th, 2018 Council meeting, a resolution was passed directing staff to bring back a rezoning for Veterans Park (also known as the Athletic Field site)
Page 1 of 6 Veterans Park RZ-04-2018/OCP-01-2018 December 10, 2018 Regular Council Meeting Page 41 of 227 RES#18-279 It was Moved and Seconded That staff be directed to undertake the rezoning of the Athletic Field site to be brought forward at a future date to accommodate current uses. CARRIED UNANIMOUSLY
At the September 4th, 2018 Council meeting, the application was referred to the Advisory Planning Commission and the Parks, Trails & Greenways Advisory Committee.
RES#18-378 It was Moved and Seconded That Council refer rezoning application RZ-04-2018/OCP-01-2018 (Veteran's Park) to the Advisory Planning Commission and the Parks, Trails & Greenways Advisory Committee; and That staff return with results of this referral. CARRIED UNANIMOUSLY
Figure 1 – Location and Zoning Map
Subject Property
Page 2 of 6 Veterans Park RZ-04-2018/OCP-01-2018 December 10, 2018 Regular Council Meeting Page 42 of 227 Figure 2 –Site Plan
Outdoor Assembly Use
Public Works Yard Use
Page 3 of 6 Veterans Park RZ-04-2018/OCP-01-2018 December 10, 2018 Regular Council Meeting Page 43 of 227 Figure 3 – Aerial Photo of Property
DETAILS OF APPLICATION Owner/Applicant: Bowen Island Municipality
Subject Property: The property is approximately 8.2 hectares in size, located mid-island near Josephine Lake. It currently contains Veterans Park and a public works yard. The public works yard covers approximately 1.0 hectares.
OCP Designation: Land is in the Cowan Point CDA-1 designation. Envisioned for the site is playing fields and a future school.
Zoning: Property is located in the Rural Residential 3 zone, allowing the following Principal Uses of Land, Buildings and Structures: Dwelling; Agriculture; Horticulture; Domestic Agriculture; Stable; and Kennel
DPA: The property is located in a WASP Development Permit area. A Development Permit to clear land has been issued.
PROPOSED AMENDMENTS The proposed OCP amendment is to include ‘auxillary public works yard’ in Policy 148 regarding uses for the subject property.
The proposed LUB amendment is to change the land use zone of the subject property from Rural Residential 3 (RR3) to Multi-Use Activity2 Park (P2) and Industrial Medium (IM) as shown in Attachment 2. These are existing zones in the Land Use Bylaw with the following permitted principal uses:
Page 4 of 6 Veterans Park RZ-04-2018/OCP-01-2018 December 10, 2018 Regular Council Meeting Page 44 of 227 MULTI-USE ACTIVITY PARK (P2) INDUSTRIAL MEDIUM (IM) • Open space • Public Works Yard • Interpretative/information centre • Transfer Station • Athletic park • Recycling Depot • Hard surface courts • Compost Facility • Outdoor assembly • Cottage Industry • Play fields • Playgrounds • Other outdoor recreation facilities • Nature protection
INTERNAL REFERRALS The application was referred to the Advisory Planning Commission (APC) and the Parks, Trails & Greenways Advisory Committee (PTGAC). Both the APC and PTGAC support the proposal with the following comments:
• Area for the public works yard should be defined and limited • Public works yard should be sufficiently distanced and properly fenced from recreational uses • Uses should be wary of environmentally sensitive areas within parcel
FINANCIAL IMPLICATIONS This application is not anticipated to have significant financial implications for the Municipality. If the application were not successful, however, the public works yard may need to relocate, which would have significant associated costs.
COMMUNICATION STRATEGY Following granting of First Reading, the next review of this application will include referral to West Vancouver Schools, Islands Trust and the APC. In accordance with the Local Government Act, a public hearing will take place before third reading.
OTHER IMPLICATIONS In further support of the proposed rezoning, the Parks Plan identifies Veterans Park for classification as a “Community Park”, which has the following description:
These are parks that serve the entire community and provide opportunities for special events and active recreation. Community parks are generally larger parks, greater than 1 hectare in size but they may be smaller if they provide a destination amenity, such as a sports field or bike park.
Also, a Temporary Use Permit (TUP) was issued in June 2017 to permit recreational uses and a public works yard. The TUP expires in June of 2019 with an option to renew for up to one additional year.
Page 5 of 6 Veterans Park RZ-04-2018/OCP-01-2018 December 10, 2018 Regular Council Meeting Page 45 of 227 SUMMARY / CONCLUSION A TUP has provided the community with valuable outdoor recreational space and municipal operations space. This rezoning and OCP amendment application would secure those uses and also be an opportunity to establish the most appropriate uses for the site. Staff recommend that the application be given first reading.
ALTERNATIVES Council has the following options available: 1. Give first reading to Bylaw No. 474, 2018 and Bylaw No. 473, 2018, 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 Attachment 1 – Draft Bylaw No. 474, 2018 Attachment 2 – Draft Bylaw No. 473, 2018 Attachment 3 – Islands Trust Policy Checklist
Page 6 of 6 Veterans Park RZ-04-2018/OCP-01-2018 December 10, 2018 Regular Council Meeting Page 46 of 227
BOWEN ISLAND MUNICIPALITY Bylaw No. 474, 2018
A Bylaw to amend Bowen Island Municipality Official Community Plan Bylaw No. 282, 2010
WHEREAS, “Bowen Island Municipality Official Community Plan Bylaw No. 282, 2010” establishes Present and Proposed Land Use Designations
WHEREAS, Council wishes to amend “Bowen Island Municipality Official Community Plan Bylaw No. 282, 2010” to enable park and industrial use designations on municipally owned property legally described as:
Lot A, Group 1, BCP 16183 except EPP73590, DL 1546 & 1547
THEREFORE be it resolved that the Council for Bowen Island Municipality in open meeting assembled enacts as follows:
1.0 CITATION
1.1 This bylaw may be cited for all purposes as “Bowen Island Municipality Official Community Plan Amendment Bylaw No. 474, 2018”.
2.0 AMENDMENT
2.1 “Bowen Island Municipality Official Community Plan Bylaw No. 282, 2010” is amended by replacing Policy 148, Block 1 with the following:
Block 1:
Residential: A maximum of 15 lots with an average density of 1 lot per ha; and
Parks & Other Uses: A trail network, an environmental protection area, and a site that would accommodate both an athletic park, an elementary school and an auxiliary public works yard.
Page 1 of 2 Bowen Island Municipality Official Community Plan Amendment Bylaw No. 474, 2018 Page 47 of 227
READ A FIRST TIME this ___ day of ____, 2018;
READ A SECOND TIME this ___ day of ___, 2018;
PUBLIC HEARING this ___ day of ___, 2018;
READ A THIRD TIME this ___ day of ___, 2018;
FINALLY ADOPTED this ____ day of ____, 2018.
______Gary Ander Hope Dallas- Kerr Mayor Corporate Officer
Page 2 of 2 Bowen Island Municipality Official Community Plan Amendment Bylaw No. 474, 2018 Page 48 of 227
BOWEN ISLAND MUNICIPALITY BYLAW NO. 473, 2018
A Bylaw to amend Land Use Bylaw No. 57, 2002
WHEREAS, “Bowen Island Land Use Bylaw No. 57, 2002” establishes zoning classifications and regulations for land within the municipality, and minimum and average lot size areas for the purpose of new subdivisions; and
WHEREAS, Council wishes to amend “Bowen Island Land Use Bylaw No. 57, 2002” to enable park and industrial uses on municipally owned property legally described as:
Lot A, Group 1, BCP 16183 except EPP73590, DL 1546 & 1547
THEREFORE be it resolved that the Council for Bowen Island Municipality in open meeting assembled enacts as follows:
1.0 Citation
1.1 This bylaw may be cited for all purposes as “Bowen Island Municipality Land Use Bylaw No. 57, 2002, Amendment Bylaw No. 473, 2018”.
2.0 Amendment
2.1 “Bowen Island Municipality Land Use Bylaw No. 57, 2002” is amended by amending “Schedule B- Land Use Map” to rezone the lands outlined in heavy black outline on “Bowen Island Municipality Land Use Bylaw No. 57, 2002, Amendment Bylaw No. 473, 2018 - Schedule A” as follows:
(1) Area labelled ‘A’ to “Multi-Use Activity Park (P2)”; and (2) Area labelled ‘B’ to “Industrial Medium (IM)”.
2.2 That the map schedule appended hereto designated as “Bowen Island Municipality Land Use Bylaw No. 57, 2002, Amendment Bylaw No. 473, 2018 - Schedule A” showing such amendment is an integral part of this Bylaw.
Page 1 Land Use Bylaw No.57, 2002, Amendment Bylaw No.473, 2018 Page 49 of 227
READ A FIRST TIME this ___day of ___, 2018;
READ A SECOND TIME this ___ day of ___, 2018;
PUBLIC HEARING this ___ day of ___, 2018;
READ A THIRD TIME this ___ day of ___, 2018;
FINALLY ADOPTED this ____ day of ____, 2018.
______Gary Ander Hope Dallas-Kerr Mayor Corporate Officer
Page 2 Land Use Bylaw No.57, 2002, Amendment Bylaw No.473, 2018 Page 50 of 227
Bowen Island Municipality Land Use Bylaw No. 57, 2002 Amendment Bylaw No. 473, 2018 - Schedule A
A
B
Land Use Zone from Rural Residential 3 (RR3) to Multi-Use A Activity Park (P2)
Land Use Zone from Rural Residential 3 (RR3) to Industrial B Medium (IM)
Page 3 Land Use Bylaw No.57, 2002, Amendment Bylaw No.473, 2018 Page 51 of 227 1
POLICY STATEMENT DIRECTIVES ONLY CHECK LIST
Bylaw Nos. 473, 2018 & 474, 2018 – File: Veterans Park OCP-01-2018/RZ-04-2018 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 Page 52 of 227 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 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.
2
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 N/A 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 N/A 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 N/A 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 N/A 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 N/A 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 Page 53 of 227 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 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 Page 54 of 227 N/A 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. 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 N/A 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.
Page 55 of 227 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.
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 N/A 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 56 of 227
MAYOR & COUNCIL Planning Department OCP-01-2018 & RZ-04-2018 Veterans Park
Page 57 of 227 December 10, 2018 LOCATION Page 58 of 227 OCP DESIGNATION
Cowan Point Comprehensive Development Area CDA-1, Block 1: • 2 ha residential Page 59 of 227 • Athletic park • School LUB ZONING
Rural Residential 3 RR3: • Dwelling • Agriculture • Horticulture Page 60 of 227 • Domestic agriculture • Stable • Kennel COUNCIL DIRECTION Page 61 of 227 BYLAW NO 474, 2018
Cowan Point Comprehensive Development Area CDA-1, Block 1: • 2 ha residential • Athletic park • School • Public works yard Page 62 of 227 BYLAW NO 473, 2018
LUB ZONE Multi-Use Activity Park P2: • Open space • Interpretative/infor mation centre LUB ZONE • Athletic park Industrial Medium • Hard surface courts IM: • Outdoor assembly • Public Works Yard • Play fields • Transfer Station •Page 63 of 227 Playgrounds • Recycling Depot • Other outdoor • Compost Facility recreation facilities • Cottage Industry • Nature protection OFFICIAL COMMUNITY PLAN
•Objective 66: Support land for community/institutional uses responding to needs of broader Bowen community
•Objective 140: Secure and maintain supply, type and geographic distribution of parkland to meet needs of community. •Policy 335: Parks Plan identifies park types •Policy 336: Support multipurpose playing fields on east and west sides of island Page 64 of 227 •Objective 77: Encourage light industry serving community and with minimal impact on nearby use REFERRALS
•Advisory Planning Commission • Support park and industrial uses • Limit area of public works yard
•Parks, Trails & Greenways Advisory Committee • Wary of environmentally sensitive areas
•West Vancouver Schools Page 65 of 227 • Retain future school use RECOMMENDATION
That Council grant first reading to Bylaw 473 & 474 and refer to APC, West Vancouver Schools and the Islands Trust Page 66 of 227
To: Mayor Ander and Council
From: Daniel Martin, Manager of Planning & Development, Planning
Date: November 16, 2018 Meeting Date: December 10, 2018
Subject: Business Licensing Bylaw Enforcement Fee Schedule
RECOMMENDATION 1. That Bylaw No. 471, 2018 cited as “Bowen Island Municipality Bylaw Notice Enforcement Bylaw No. 196, 2008, Amendment Bylaw No. 471, 2018” be read a first, second, and third time; and
2. That Bylaw No. 472, 2018 cited as “Bowen Island Municipality Business Licence Bylaw No. 465, 2018, Amendment Bylaw No. 472, 2018” be read a first, second, and third time.
PURPOSE The purpose of this report is to present Bylaw Nos. 471, 2018 and 472, 2018 which establish a bylaw enforcement fee schedule for business licensing.
BACKGROUND At its September 24, 2018 meeting, Council passed Resolution No. 18-404 directing staff to report on the value and feasibility of an enforcement policy for business licensing.
Staff prepared draft amendments to the “Bowen Island Municipality Bylaw Notice Enforcement Bylaw No. 196, 2008” and “Bowen Island Municipality Business Licence Bylaw No. 465, 2018” to establish an enforcement fee schedule for business licensing. The draft amendments were referred to the Economic Development Committee. Concerns were raised regarding the low fees and future enforcement/implementation challenges.
At its October 9, 2018 meeting, by Resolution No. 18-432 Council adopted “Bowen Island Municipality Business License Bylaw No. 465, 2018” and directed staff to include an enforcement fee schedule for business licensing. Staff have prepared draft amendments which establish an enforcement fee schedule for business licensing.
OTHER COMMUNITIES Among the 16 Comparator Communities polled as part of the Economic Development Committee’s 2017 Business Licensing Feasibility Report, the majority included municipal fines, ranging from $100 to $10,000 CAD and/or the ability for enforcement officers to suspend business licenses for non-compliance.
Page 67 of 227
PROPOSED AMENDMENTS Staff have prepared draft amendments to “Bowen Island Municipality Bylaw Notice Enforcement Bylaw No. 196, 2008” in accordance with existing fees schedules for other bylaw infractions included in this Bylaw. Proposed fine amounts are set to be similar to other fine amounts in this Bylaw. Fines are proposed to start with low amounts, and in keeping with current Bylaw policies, non-compliance enforcement would start with a notice letter, followed by an initial fine if action is not corrected.
In keeping with comparable communities, Staff have also prepared draft amendments to “Bowen Island Municipality Business Licence Bylaw No. 465, 2018” to clarify that each day that an offence continues is a separate offence.
Making these amendments give staff additional tools to enforce the Business Licence Bylaw. However, as with all Bowen Island Bylaws, to focus is always on compliance and not enforcement. With the Business Licence Bylaw, it comes into effect in January 2019. However, Council has already approved a transition period before any enforcement would take place, and any change to the enforcement approach would be considered by Council and widely advertised before a change took place.
FINANCIAL IMPLICATIONS The Business Licence scheme is mandated to be revenue neutral, and it is anticipated that the 0.5 FTE position will be covered by business licence revenue.
The potential fines could provide revenue to the Municipality which would be used to offset the cost of the 0.5 FTE position. The focus of the enforcement would be to gain compliance, rather than penalize.
COMMUNICATION STRATEGY Staff have developed a communications plan for the business licence program. Communication of Bylaw No. 465, 2018 will also include discussion of potential fines for non-compliance.
ALTERNATIVES 1. That Council authorize staff to draft amendments to Bylaw Nos. 196, 2008 and 465, 2018 2. That Council request additional information from staff; 3. Other option as identified by Council
SUMMARY Council has identified the need to report on the value and feasibility of an enforcement policy for business licensing. Staff have prepared draft amendments to the Bylaw Nos. 196, 2008 and 465, 2018 which would establish an enforcement fee schedule for business licensing. Staff recommend that Amendment Bylaw Nos. 471, 2018 and 472, 2018 be read a first time.
Page 68 of 227 Attachments and References:
Attachment 1 – Bylaw Notice Enforcement Bylaw No. 196, 2008 Draft Amendment Bylaw No. 472, 2018 Attachment 2 – Business Licence Bylaw No. 465, 2018 Draft Amendment Bylaw No. 471, 2018
SUBMITTED BY: ______Daniel Martin Manager of Planning & Development
REVIEWED/APPROVED BY: ______Kathy Lalonde Chief Administrative Officer
DEPARTMENTAL REVIEW:
Bylaw Services ☐
Fire & Emergency ☐
Planning ☒
Public Library ☐
Public Works ☒
Recreation & Community Services ☐
Finance ☐
Corporate Services ☒
Page 69 of 227
BOWEN ISLAND MUNICIPALITY BYLAW NO. 472, 2018
A Bylaw to amend Bowen Island Municipality Business Licence Bylaw No. 465, 2018
WHEREAS, “Bowen Island Municipality Business Licence Bylaw No. 465, 2018” regulates business licences on Bowen Island. WHEREAS, Council wishes to amend “Bowen Island Municipality Business Licence Bylaw No. 465, 2018” to include provisions for the enforcement of the Bylaw. THEREFORE be it resolved that the Council for Bowen Island Municipality in open meeting assembled enact as follows: 1. This bylaw may be cited for all purposes as “Bowen Island Municipality Business Licence Bylaw No. 465, 2018”, Amendment Bylaw No. 472, 2018”. 2. “Bowen Island Municipality Business Licence Bylaw No. 465, 2018” is amended by adding the following under the Penalties section: 26. Each day that an offence continues shall constitute a separate offence.
READ A FIRST TIME this __ day of ____, 2018;
READ A SECOND TIME this ___ day of ___, 2018;
READ A THIRD TIME this ___ day of ___, 2018;
ADOPTED this ___ day of ___, 2018;
______Gary Ander Hope Dallas Mayor Corporate Officer
Page 1 of 1 Bowen Island Municipality Business Licence Bylaw No.465, 2018, Amendment Bylaw No.472, 2018 Page 70 of 227
BOWEN ISLAND MUNICIPALITY BYLAW NO. 471, 2018
A Bylaw to amend Bowen Island Municipality Bylaw Notice Enforcement Bylaw No. 196, 2008
WHEREAS, “Bowen Island Municipality Bylaw Notice Enforcement Bylaw No. 196, 2008” regulates the enforcement of bylaw notices WHEREAS, Council wishes to amend “Bowen Island Municipality Bylaw Notice Enforcement Bylaw No. 196, 2008” to include provisions for the enforcement of the “Bowen Island Municipality Business Licence Bylaw No. 465, 2018” THEREFORE be it resolved that the Council for Bowen Island Municipality in open meeting assembled enact as follows: 1. This bylaw may be cited for all purposes as “Bowen Island Municipality Bylaw Notice Enforcement Bylaw No. 196, 2008”, Amendment Bylaw No. 471, 2018”. 2. “Bowen Island Municipality Bylaw Notice Enforcement Bylaw No. 196, 2008” is amended by: (a) Amending all reference to “Schedules AA through AH” to include “Schedules AA through AI” within the following sections: 4, 5a, 5b, 5c, 5d, 6a, 6b, 6c, 6d, 9a iii, 9 a iv, 9b
(b) Deleting Section 13 Schedules and replacing it with the following:
13 Schedules The following schedules are attached to sand form part of this bylaw:
a) Schedule A – Bylaws that may be dealt with by compliance notice; b) Schedules AA through AI – Designated Bylaw Contraventions and Penalties; c) Schedule B – North Shore Bylaw Notice Dispute Adjudication Registry Agreement; and d) Schedule C – Compliance Agreement.
(c) Deleting Schedule A – Bylaws that may be dealt with by compliance notice and replacing it with the following:
Schedule Bylaw
Page 1 of 3 Bowen Island Municipality Bylaw Notice Enforcement Bylaw No. 196, 2008, Amendment Bylaw No.471, 2018 Page 71 of 227
AA Bowen Island Municipality Regulation for the Use of Bows Bylaw No. 21, 2000 AB Bowen Island Municipality Building Numbering Regulatory Bylaw No. 25, 2000 AC Bowen Island Municipality Dog Control Bylaw No. 30, 2001 AD Bowen Island Municipality Wharf Services Bylaw No. 59, 2002 AE Bowen Island Municipality Noise Control Bylaw No. 108, 2004 AF Bowen Island Municipality Street and Traffic Bylaw No. 133, 2005 AG Bowen Island Municipality Real Property Maintenance Bylaw No. 174, 2006 AH Bowen Island Municipality Use of Public Beaches and Water Areas Bylaw No. 196, 2016 AI Bowen Island Municipality Business Licence Bylaw No. 465, 2018
(d) Adding Schedule AI – Bowen Island Municipality Business Licence Bylaw No. 465, 2018 Designated Bylaw Contraventions and Penalties:
BOWEN ISLAND MUNICIPALITY
BYLAW NOTICE ENFORCEMENT BYLAW NO. 196, 2008
SCHEDULE AI
Bowen Island Municipality Business Licence Bylaw No. 465, 2018
DESIGNATED BYLAW CONTRAVENTIONS AND PENALTIES
Bylaw Description A1 A2 A3 A4 Section No. The following fines apply to Penalty Early Late Compliance Agreement the contraventions below: Payment Payment Available Penalty Penalty Maximum 50% reduction $ $ $ in penalty amount where Compliance Agreement Available is shown as “Yes” 3 - 4. Operating without a licence $25.00 $15.00 $35.00 NO – first offence
Page 2 of 3 Bowen Island Municipality Bylaw Notice Enforcement Bylaw No. 196, 2008, Amendment Bylaw No.471, 2018 Page 72 of 227
3 - 4. Operating without a licence $50.00 $25.00 $75.00 NO – second offence 3 - 4. Operating without a licence $150.00 $125.00 $175.00 NO – further offences 13. Licence carried out by a $25.00 $15.00 $35.00 NO non-licence holder and/or at a location not permitted by licence – first offence 13. Licence carried out by a $50.00 $25.00 $75.00 NO non-licence holder and/or at a location not permitted by licence – second offence 13. Licence carried out by a $150.00 $125.00 $175.00 NO non-licence holder and/or at a location not permitted by licence – further offences 15. No display of licence – first $25.00 $15.00 $35.00 NO offence 15. No display of licence – $50.00 $25.00 $75.00 NO second offence 15. No display of licence – $150.00 $125.00 $175.00 NO further offences 18 - 20. Non-compliance with terms $25.00 $15.00 $35.00 NO of licence – first offence 18 - 20. Non-compliance with terms $50.00 $25.00 $75.00 NO of licence – second offence 18 - 20. Non-compliance with terms $150.00 $125.00 $175.00 NO of licence – further offences
READ A FIRST TIME this __ day of ____, 2018;
READ A SECOND TIME this ___ day of ___, 2018;
READ A THIRD TIME this ___ day of ___, 2018;
ADOPTED this ___ day of ___, 2018;
______Gary Ander Hope Dallas Mayor Corporate Officer
Page 3 of 3 Bowen Island Municipality Bylaw Notice Enforcement Bylaw No. 196, 2008, Amendment Bylaw No.471, 2018 Page 73 of 227 MAYOR & COUNCIL Planning Department Business Licensing Bylaw Enforcement Fee Schedule Amendment Bylaw Nos. 471 and 472
Page 74 of 227 December 10, 2018 BACKGROUND
• September 24, 2018: Council directed staff to report on the value and feasibility of an enforcement policy for business licensing (Resolution No. 18-404)
• October 9, 2018: Council adopted Business License Bylaw No. 465, 2018 and directed staff to include an enforcement fee schedule for business licensing (Resolution No. 18-432) Page 75 of 227 PROPOSED AMENDMENTS
Bylaw Notice Enforcement Bylaw No. 196, 2008: • Includes a fee schedule for Business Licensing with fines for non- compliance (e.g. operating without a licence or outside of the terms of the licence, etc.) ranging from $25.00 to $175.00 per offence
Business Licence Bylaw No. 465, 2018: Clarifies that each day that an offence continues is a separate offence
Page 76 of 227 • REFERRALS
•Economic Development Committee: concerns raised regarding the low fees and future enforcement/implementation challenges. Page 77 of 227 Bylaw Description A1 A2 A3 Section No. The following fines apply to the contraventions below: Penalty Early Payment Late Payment Penalty Penalty $ $ $
3 - 4. Operating without a licence – first offence $25.00 $15.00 $35.00 3 - 4. Operating without a licence – second offence $50.00 $25.00 $75.00 3 - 4. Operating without a licence – further offences $150.00 $125.00 $175.00 13. Licence carried out by a non-licence holder and/or at a $25.00 $15.00 $35.00 location not permitted by licence – first offence 13. Licence carried out by a non-licence holder and/or at a location $50.00 $25.00 $75.00 not permitted by licence – second offence 13. Licence carried out by a non-licence holder and/or at a location $150.00 $125.00 $175.00 not permitted by licence – further offences 15. No display of licence – first offence $25.00 $15.00 $35.00
15.Page 78 of 227 No display of licence – second offence $50.00 $25.00 $75.00 15. No display of licence – further offences $150.00 $125.00 $175.00 18 - 20. Non-compliance with terms of licence – first offence $25.00 $15.00 $35.00 18 - 20. Non-compliance with terms of licence – second offence $50.00 $25.00 $75.00 18 - 20. Non-compliance with terms of licence – further offences $150.00 $125.00 $175.00 RECOMMENDATION
That Bylaw No. 471, 2018 cited as “Bowen Island Municipality Bylaw Notice Enforcement Bylaw No. 196, 2008, Amendment Bylaw No. 471, 2018” be read a first, second, and third time; and
That Bylaw No. 472, 2018 cited as “Bowen Island Municipality Business Licence Bylaw No. 465, 2018, Amendment Bylaw No. 472, 2018” be read a first, second, and third time Page 79 of 227
To: Mayor Ander and Council
From: Daniel Martin, Manager of Planning and Development
Date: November 16, 2018 Meeting Date: December 10, 2018
Subject: 345 Robinson Road Mallory Glustein and Lori Janzen File No. TUP-03-2018
RECOMMENDATION 1. That Council defer consideration of TUP-03-2018 until such time as a short-term vacation rental policy has been adopted and potential amendments to the Land Use Bylaw have been adopted;
2. That Council direct staff to develop a work plan for a community consultation process to develop a short-term vacation rental policy;
3. That Council direct staff to not pursue enforcement for non Land Use Bylaw compliance on 345 Robinson Road until a short term vacation rental policy has been considered; and
4. That Council refer the development of a work plan to the Economic Development Committee and the Housing Advisory Committee for recommendations. PURPOSE The purpose of this report is to provide details regarding a Temporary Use Permit application to allow commercial guest accommodation as a permitted use on 345 Robinson Road, and a staff overview of short term vacation rental policies. This report is broken into (1) Temporary Use Permit Application and (2) an overview of Short Term Rental policies.
1. TEMPORARY USE PERMIT APPLICATION a. Background 345 Robinson Road has been operating as a commercial guest accommodation. Bowen Island Municipality received a complaint regarding the noncompliant land use on the property. The owners, after being notified, have submitted an application for a temporary use permit to permit the use on their property for a period of three years. After reviewing the application, staff are recommending that Council not proceed with the application and instead consider an island wide approach to short term vacation rentals, discussed in Part 2 of this report.
b. Details of Application Owner/Applicant: Mallory Glustein and Lori Janzen Subject Property: 345 Robinson Road OCP Designation: RS(e) - Rural Residential (0.4 ha)
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To allow for rural residential use and maintain the unique amenities and environment of the island.
Zoning: Settlement Residential 2 (SR2) The zone permits dwelling as a principal use and allows Home Occupation (including Bed and Breakfast) as an accessory use.
c. Proposed Temporary Use Applicants have applied to include commercial guest accommodation as a permitted principal use for their property. The Land Use Bylaw defines commercial guest accommodation as “overnight guest sleeping accommodation for transient paying guests, which is not a bed and breakfast and may include a washroom and kitchen within the individual unit.
d. Proposed Conditions Should a Temporary Use Permit be considered, staff would recommend conditions on the permit. As discussed elsewhere in this report, staff recommend that a policy be considered such that, should a Temporary Use Permit be considered, standard conditions could be applied to other similar potential applications.
e. Community Comment Staff have received a number of letters regarding this application, speaking in general support of short term rentals on Bowen Island. These letters are attached to this report.
1. SHORT TERM VACATION RENTALS a. Background Currently the Land Use Bylaw permits commercial guest accommodation in the Village Commercial Zone. In residential zones this is not a permitted use. Instead, the Land Use Bylaw permits Bed & Breakfast use as a Home Occupation. Among other regulations, this use requires that the operator be a resident of the property and does not permit the Bed and Breakfast bedrooms to be equipped with a kitchen.
Staff have periodically reviewed online listings for Bowen Island. While it is not always possible to determine which listings would be permitted as Bed & Breakfasts based on our definitions, staff estimate that there are many listings on Bowen Island that do not comply with current regulations. For example, at time of writing staff searched for Airbnb for bookings that contain a kitchen for a mid-week date in January and produced 23 results.
b. Comparable Communities With the advent of online vacation booking platforms such as AirBnb, the use of properties as short term rentals, meaning the renting of a complete dwelling unit on a short-term basis, has risen in popularity. Consequently, many BC municipalities have recently or are in the process of, revising their bylaws to regulate short term rentals.
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A fuller overview of community approaches is attached as Appendix 3. In general, communities have taken the following approaches:
1. Permit through zoning, subject to Business Licence Conditions (Sechlet) o Sechelt permits Short Term Rental in most residential zones, subject to business licence conditions which require notifying neighbours and provide a local contact 2. Permit through Temporary Use Permit (Lantzville, Lions Bay) o Policy can be in place to lay out total number of TUPs to be issued, and standard conditions to be required 3. Permit within a dwelling on a temporary basis (Nelson, Victoria) o Victoria requires that it be permitted only within a principal residence, in other words where the operator lives full-time and is offering as a short-term rental when they are away from home. o Nelson has different categories of short-term rentals, but for a complete dwelling allows a maximum of 182 days of use per year. Nelson also only allows 3 short-term rentals per city block. 4. Permit on a dwelling on a lot, but requires a second dwelling with a permanent resident (Tofino, Saltspring) o Saltspring allows for seasonal cottages up to 600 sq. ft. in size on lots larger than 3 acres o Tofino requires that a person be a resident of a property to offer a dwelling or a room on the property as a short-term rental 5. Permitted through rezoning of property (Rossland) o Rossland has a policy that not more than 5% of dwellings in the municipality, and not more than one per block, may be rezoned to allow short term rentals. 6. Not permitted, but under review (Gibsons, Golden, Peachland, Squamish) o Squamish has just conducted an online survey as the first step on their policy development. Their background review document is attached to this report. 7. Not permitted (Denman Island, Anmore)
This list is not intended to be exhaustive, but rather to illustrate the wide range of options municipalities have taken based on their community’s desires. Any of these approaches would be possible under current Legislative, especially with the option of requirements layered into the Business Licence Bylaw. Following a community wide consultation to establish guiding principles, staff would be able to recommend an approach for Bowen.
c. Financial Implications Consultation on short term vacation rentals would involve costs including publications and meetings. Costs would be determined as a part of the work plan.
d. Communication Strategy As part of a work plan, staff will recommend appropriate consultation for policy development. Likely tools include an island wide online survey, island wide mail out, open houses, and stakeholder engagement including Bowen Tourism.
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ALTERNATIVES Council has the following options available: 1. That Council authorize staff being work on a work plan to consider short term rentals; 2. That Council refer the application back to staff for further information; 3. Other options as determined by Council.
Attachments and References: Attachment 1 – Applicant Letter Attachment 2 – Letters of Support Attachment 3 – Comparable Communities Overview Attachment 4 – Squamish Backgrounded
SUBMITTED BY: ______Daniel Martin Manger of Planning and Development
REVIEWED/APPROVED BY: ______Kathy Lalonde Chief Administrative Officer
DEPARTMENTAL REVIEW:
Bylaw Services ☐
Fire & Emergency ☐
Planning ☒
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Recreation & Community Services ☐
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Page 83 of 227
October 28, 2018
Bowen Island Municipality 981 Artisan Lane Bowen Island, BC V0N 1G2 [email protected]
To Whom It May Concern:
We are writing this letter in response to our receipt of a letter dated August 22, 2018 from Bowen Island Municipality (BIM), requesting that we discontinue renting our home as a guest accommodation because a complaint had been received that it was being used as such.
As with any complex issue there is important history that will help to clarify how we came to this point. The following is a detailed summary to review the history of the ownership and use of our property and how this property came to be singled out as a non-compliant guest accommodation.
1. We purchased the property at 345 Robinson Road on Bowen Island 6 years ago as a future retirement home. Our original plan was to rent the property unfurnished for a time then use the property intermittently for vacation and as a business base. Ultimately, our goal is to live full time on Bowen and be contributing community members.
2. When we bought the property it was advertised as a “Bed and Breakfast” and being used as a commercial guest accommodation (CGA). The owners lived off island and rented it out for short term rentals.
3. We rented it out, unfurnished, to several long-term tenants with leases that ranged from 1- 2.5 years). The most recent tenant signed a fixed-term lease with an end date of mid- March 2018; we provided five months written notice (to remind her of the lease end date) and told the tenant we wanted to use our place for March break and that we would be using it periodically after that.
4. She immediately became resistant to vacating our property and started quoting the Residential Tenancy Act (RTA), stating it was her right to have the rental agreement switch to an ongoing month to month lease. She, in fact, sent us an email claiming that the lease she signed was not a valid lease. We received the email just after midnight on the day that there was an amendment to the RTA to disallow “date-to-vacate” clauses; she implied that since the legislation changed her lease was not valid. Legal counsel clarified that not to be P a g e 1 | 6
Page 84 of 227 true as the lease was signed in good faith when the date to vacate clause WAS valid and legal.
Of note she had also been threatening, at that time, to report us to the RTA for what she saw as non-compliance with the act. We received legal assurance that her accusations were unfounded therefore she was unable to follow through with her threats. We have always been in compliance with the act.
5. We had several previous tenants who were wonderful but the end of this tenancy was altogether a negative experience. Of note, we have been renting many commercial and residential properties for over 20 years and have never had a single problem, ever. We have always maintained amicable relationships with all of our tenants.
6. After she vacated the property we used our home for 3.5 months. We considered our rental options and plans to use our home more in the future for vacation, business, visiting family and friends and using health care services for our family which are not available where we live. Based on our plans to spend more time in our home, the changes to the RTA disallowing end of tenancy clauses, as well as our negative experience with our previous tenant, we decided to do short term rentals so that we could furnish it how we wanted and so that we could use it as needed.
7. We assumed that since the previous owner was using it as a CGA and that there were many other CGA’s advertised on Bowen Island Tourism website (and other sites) that this type of accommodation was, in fact, allowed on the island. We performed online searches and found numerous CGA’s on Bowen. They appeared to be in various locations, many of which were and still are in the same zones as our home.
While living in our home, the last tenant booked out our home on Airbnb as a guest accommodation while she was away on vacation. This was one more reason that we assumed that it was in compliance.
8. Since we purchased the property we have poured tens of thousands of dollars directly into the local economy. We utilized the skills of people on the island to put a new roof on, insulate the floor, perform electrical, fireplace, septic, roof, plumbing and general property maintenance and upgrades. We have maintained the property to a high standard.
Since reclaiming our home for our own use we have infused the local economy with close to $30,000.00 to bring it to the standard of a higher end short term rental. We have supported the local economy by purchasing the following:
• Local building supplies; Interior/exterior paint, tools, safety items, hardware, house supplies. • Local artwork. P a g e 2 | 6
Page 85 of 227 • Trades people employed; electrical, plumbing, carpentry, appliance purchase and installation. • Local Restaurants and grocers; many meals at all the restaurants. • Firewood.
This significant infusion into the local economy would not have occurred if we had not planned to do short term rentals. Currently we continue to support the local economy directly paying for local property maintenance, cleaning services and trades services. Indirectly, our short term rental attracts people to Bowen to stay and spend tourism dollars on the island. With the positive experience of staying in a well-maintained, private home, visitors will tell others and this will support and foster local tourism.
This brings us to our current situation. Our short-term bookings have been going well and we are not aware of any issues regarding these bookings. We have been able to stay in our home as we need to.
We have received on-going emails from the previous tenant, threatening then (apparently) carrying out the threat of reporting us to BIM for zoning non-compliance. We were shocked at this as she, herself, had rented our property as a CGA while she was living there. Many of the emails we have received from the previous tenant have put the blame on us for the current housing/rental crisis and lack of affordable housing on Bowen Island. She has also recently posted negative comments on Facebook regarding her “eviction” from our property. She was not “evicted”; she had signed a fixed-term lease.
We should also note that when we chose her as a tenant, there was a bidding war on renting our property. We specifically chose her as a tenant because she claimed that if we did not choose her, she and her children would be forced to leave the island, their school and friends and that they would not be able to afford to live in Vancouver. In choosing her we accepted a significant decrease in potential rental income so that she and her children could stay on Bowen. We made an ethical choice. Ironically, in making that ethical choice and choosing less rental income, it was the worst choice we could have made as we have experienced significant stress and now we face an uncertain future about whether we can keep our retirement home. We will not be able to meet the mortgage and other costs without some form of rental revenue. We intend to keep using our home intermittently and more and more in the future.
On August 22, 2018 BIM sent a letter asking us to shut down the rental based on the fact that there had been a complaint of “non-compliance”. We received a response that BIM operates on a “complaints based basis”. We assume that their letter to us was a direct result of a complaint from our disgruntled previous tenant (she had sent us an email stating that she had done that).
In response to the BIM letter we have done the following: • Performed online searches to evaluate other CGA’s on Bowen; their zoning and compliance. P a g e 3 | 6
Page 86 of 227 • Responded to the BIM letter with questions to evaluate our position and options. • Reviewed the BIM mission statement, community and strategic plans to better understand the current community position about tourism, accommodations and the issues around affordable housing. • Obtained two legal opinions regarding this action by the complainant and BIM. • We continue to communicate with BIM via email to evaluate/consider our position and options.
Given our situation and the response from the BIM bylaw officer thus far, the following is a summary of our perception of our position and options:
1. We have had two legal opinions and both lawyers were very confident that municipal bylaws cannot be applied arbitrarily with a knowing blind eye to numerous other, well-advertised, non-compliant CGAs (as per the legal principle of “estoppel”). Laws are meant to be applied in an open and fair process for their intended purpose.
2. With the information we have so far from our previous tenant’s threatening emails and BIM, it appears that the complaint about our property is from a disgruntled previous tenant NOT from neighbours regarding its current use as a guest accommodation. We understand that the bylaw is there to prevent neighbourhood disruptions but also to prevent losing long term rental properties to the short-term market. Given that we are using our home, it is no longer feasible to utilize it within the long-term housing market.
3. It appears that the tenant has placed the blame on us for lack of affordable housing on Bowen. Her emails to us (and recent facebook post) have implied that our decision to start using our home and switch to short-term rentals is the reason for the lack of long-term rentals on Bowen. In fact, it appears that many, if not most of the homes being used currently as short-term rentals (or CGA’s) are, in fact, second homes that are being used intermittently by owners, or primary homes being rented out by owners during absences.
Disallowing short-term rentals on these properties would not solve the affordable housing problem. It would force owners to sell and by selling these properties they would not then become affordable housing for long-term tenants. Given the costs of purchasing and maintaining these types of properties, “affordable” rent would not cover the costs of the mortgage, taxes and maintenance for most owners. It is not our responsibility to provide affordable long-term housing on Bowen.
4. As per the BIM Mission Statement; the first point on the statement is “BIM will work towards conducting operations in a way that: improves the economic, environmental and social well-being for present and future generations.”
The current use of our property, along with many others, has already and will continue to contribute significantly to the “economic well-being” and growth on Bowen. There are no hotels on Bowen and as far as we know there are no plans for hotels. There are currently P a g e 4 | 6
Page 87 of 227 not enough compliant, licenced CGA’s to even come close to supplying mid-higher end accommodation for tourists and visitors. Clearly there is a strong need and market for CGAs because there is a strong on-line presence and they are all booked consistently. It appears that the bylaws and licencing regulations have not been updated to meet the actual and potential needs on Bowen as per a home owner’s chosen use for their home. If the only available accommodation on Bowen were the licenced Bed and Breakfast accommodations, they would not meet the tourism/accommodation needs.
5. Our situation is such that without some form of rental income we will not be able to maintain monthly costs and will be forced to sell our home. That would, in no way, help to solve the affordable housing issue.
6. Thus far our actions and behaviours as responsible, community members and land owners have been nothing but ethical and above board. We incurred financial loss by taking on a tenant whose personal needs we put above our own financial gain. We feel that we have been unfairly singled out and vilified by our previous tenant, when the facts support anything but that.
7. It appears that BIM needs to update its bylaws and licencing regulations to allow for CGA’s. We would be happy to contribute to licencing fees and hold hope that BIM could come up with the means to move revenue from such licencing fees to support affordable housing in the community. The licencing process for much needed CGAs should be open, fair and accessible to all community members who could meet licencing regulations.
Summary
We never had any intention of doing anything that was in contradiction of municipal bylaws. We based our decisions and choices on the history of the property at the time of sale to us, and the actions of said tenant to rent out our property in exactly the same way, before she made the complaint to BIM regarding our current use. We also based it on multiple previous and recent online searches that have and still show numerous CGA listings that appear to be in the same zones as our property.
We are small business owners but we are first and foremost registered, licenced Health Care Professionals and ethical, responsible, upstanding community members from a small town in rural BC and Bowen. We have no intentions of contravening any laws. We also feel that we have been unfairly singled out, vilified by our previous tenant and that the bylaws are being arbitrarily used in a unique situation to appease a disgruntled tenant and not used for their original intent. We have already experienced significant stress and financial loss in dealing with this tenant, with the background of sacrificing our potential rental income to support her in a housing crisis situation which is not our fault.
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Page 88 of 227 We ask that the BIM suspends the request to cease our short-term rental until the larger issues are resolved. We feel this is a fair request in that we should not have to shoulder the larger issues of affordable housing and CGA licencing issues on our own at the risk of losing our retirement home.
We believe there is a way forward. We have applied for a variance to allow us to continue with our short-term rental situation and we would be happy to apply for a licence should that be required of all CGA’s. It seems that BIM needs to determine a fair, open system to allow for and monitor CGA’s given the current demand from tourists and home owners. We are happy to provide input and to be part of the discussions around these issues. We assume that we are not the only law-abiding people in this situation, where we cannot continue to sustain and use our home on Bowen without the ability to rent it out. We are sure that other property owners would also be interested in creating a working solution.
We look forward to working towards a resolution to this situation.
Sincerely,
Mallory Glustien and Lori Janzen Bowen Island Home Owners PO Box 457 Terrace, B.C. V8G 4B5 [email protected]
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TUP-03-2018 (Short Term Vacation Rental) Public Comment Submissions (as of November 26, 2018)
Name Submission Date 1. Bob Knott November 2, 2018 2. Matt Landu November 4, 2018 3. Ronnie Botkin November 5, 2018 4. Laura Sandve November 5, 2018 5. Marc & Terry Fellis November 5, 2018 6. Jan Stevens November 23, 2018 7. Jennifer Brash November 26, 2018 8. Abraham Chaiton and Janet November 26, 2018 RosenbergDLitt
Page 90 of 227
Page 91 of 227 From: Bowen Island Municipality To: BIMBC - Mayor And Council Cc: Daniel Martin Subject: FW: Short Term Vacation Rentals on Bowen Island Date: November 5, 2018 11:10:46 AM
From: Bob Knott
To: Bowen Island Mayor and Council
Recently I learned that the Mayor and Council are considering a revision to short term vacation rentals on Bowen Island.
This is distressing to me as my "go-to" vacation getaway is Bowen Island and a few day's stay is the perfect place to re-charge from Vancouver city life. The ease of access and short travel time from our West End home make Bowen an ideal destination. Normally, my family stays at least twice per year on Bowen and have made it our preferred destination for many years now.
We prefer the comfort of renting an entire dwelling as opposed to the B&B scenario which we do not enjoy. Having our own self-contained dwelling is a necessity. Of course, while we stay on the island we are patronizing local shops, restaurants, grocery stores and recreational offerings - making it a plus to the local economy.
For the past few years we have been using Bowen Island Accommodations and have been thoroughly pleased with the professionalism, customer service and quality properties offered by the company. We have no need to search elsewhere for accommodations, as Jan and her team have the best of everything we require.
Please consider in your review of Bowen Island short term vacation rentals that many of us depend on these services and would hate to have to take our business elsewhere.
Kind regards,
Bob Knott Vancouver, BC 604.800
Page 92 of 227 From: Bowen Island Municipality To: Alison Morse; David Hocking; Gary Ander; Hope Dallas; Kathy Lalonde; Maureen Nicholson; Michael Kaile; Raj Hayre; Rob Wynen; Sophie Idsinga; Sue Ellen Fast Cc: Daniel Martin Subject: FW: Letter from a supporter Date: November 5, 2018 10:53:55 AM
From: Matt Landau Sent: Sunday, November 4, 2018 7:24 AM To: Bowen Island Municipality
To Bowen Island Mayor and Council,
My name is Matt Landau and only recently did I have the chance to visit Bowen Island for the first time. To say that my visit was impactful would be an understatement: the natural beauty of Bowen was surpassed only by the people I met. There is a magnetic pull that seems to attract good people to Bowen Island: it is truly a magical place. And I think everyone knows that.
But when I heard that the council was considering banning short term rentals, I was perplexed because short term rentals appeared to me to represent the only real viable accommodations on the island. If an island is to continue to fuel businesses like the Ruddy Potato (be sure to get the organic samosas!) or Cocoa West (the vegan hot chocolate!), where will those visitors --the people who are ready and willing to form meaningful connections, not just one-off transactions -- where else will those visitors stay? Surely not a big chain hotel or a large-scale resort. If I learned anything in my week vacation, I learned that Bowen Island is all about independent voices: doing things properly and with conscience for the environment around us. I heard a quote recently: that "hospitality is the first step to dismantling the barriers of the world." If this is true, and if vacation rentals represent a new form of hospitality, then I believe Bowen Island's short term rental professionals have a real opportunity to change the world...should they be given the fair chance.
Sincerely, Matt Landau
Page 93 of 227 Page 94 of 227 From: Bowen Island Municipality To: Daniel Martin Subject: FW: Short-term vacation rentals on Bowen Island Date: November 5, 2018 10:43:09 AM
From: Laura Sandve Sent: Monday, November 5, 2018 9:36 AM To: BIMBC - Mayor And Council
Dear Bowen Island Mayor and Council,
We are writing to express our concern regarding the upcoming debate about the legality of vacation rentals on Bowen Island. We have been visiting Bowen Island as a vacation destination for over 20 years. We regularly stay at a short-term vacation rental once or twice a year. We prefer vacation rentals for the privacy, often the preferred location and sense of home. If B&B's were all that was offered on Bowen we would most likely find another destination to vacation, which would be a shame. B&B's just don't offer the same experience as a vacation rental. They don't offer the same space, comfort and sense of privacy. Bowen Island is a lovely spot to go for a vacation without having to travel far. We spend tourist dollars at the grocery stores, gift shops, restaurants, etc.during our stay. Bowen Island Accommodations provide lovely, clean, comfortable accommodations situated in very scenic locations on the Island. They are attentive to every detail and ensure that the properties and surrounding areas are treated respectfully.
People who own vacation homes should have the right to rent their homes out when they are not using them. This helps them with the cost of the home. They should be able to do what they want with their own property. These homes would never be available as affordable long- term rental housing, and it is ridiculous to punish those who have worked hard to purchase their dream vacation homes. This is no place for government meddling.
We do hope that you will consider our opinion and vote in favour of the legality of short-term vacation rentals on Bowen Island. To do so will respect the rights of property owners, support the tourism industry of Bowen Island and allow others, such as ourselves, to continue to enjoy this beautiful island.
Thank you.
Respectfully, Robert and Laura Sandve
Page 95 of 227 From: Bowen Island Municipality To: BIMBC - Mayor And Council Cc: Daniel Martin Subject: FW: Vacation Rentals on Bowen Island Date: November 6, 2018 9:08:39 AM
From: Marc & Terry Sent: Monday, November 5, 2018 5:46 PM To: BIMBC - Mayor And Council
To Bowen Island Municipality Mayor and Council.
It has come to my attention that the municipality is planning to debate the legality of short term vacation rentals on Bowen Island.
This is of great concern to me as my wife and I, along with our two dogs, have enjoyed staying at vacation rental homes on Bowen Island for the past two years, visiting multiple times per year, and staying at Eastman Waterfront Cottage, Evergreen Cottage and most recently Weaver Waterfront Cottage. We choose to book with Bowen Island Accommodations as their properties are well maintained, well appointed, clean and private. They are very professional and have an excellent set of good neighbor rules.
The proximity of Bowen Island to our home in West Vancouver makes it so easy to get away for some island life without having to spend much time travelling. Pet friendly vacation rentals allow for us to bring our dogs along which is very important to us.
While on Bowen, we dine in the restaurants, shop at the Ruddy Potato, the General Store, and the various gift shops and clothing stores.
If short term vacation rentals are deemed illegal, we would not continue to visit Bowen. Bed and Breakfast accommodations do not appeal to us because of our dogs and the lack of privacy. We prefer to have a house to ourselves. So really there would be no reason to continue to visit.
I am curious as to why the municipality is considering this issue. In my mind short term vacations rentals, managed properly, are a win-win-win situation. It is a win for the property owner, a win for Bowen Island businesses and a win for the surrounding neighborhood in that the properties aren’t left empty and neglected.
I respectfully request that you legalize short term vacation rentals on Bowen Island. We absolutely love the island and would be very disappointed if this vacation option was no longer available to us.
Sincerely,
Page 96 of 227 Marc Fellis Marine Drive West Vancouver BC V7T 1B7
604-921- marcandterry
Page 97 of 227 From: Jan Stevens To: BIMBC - Mayor And Council Subject: In support of Short Term Vacation Rentals on Bowen Island Date: Friday, November 23, 2018 2:31:53 PM Attachments: image001.png
November 23, 2018
Dear Mayor and Bowen Island Council,
On Monday, November 26th council will be hearing from Daniel Martin regarding the TUP application for Mallory Glustien and Lori Janzen and their retirement home located at 342 Robinson Road. I manage this STVR property for Mallory and Lori as a means for them to use their property personally and to pay the mortgage, utilities, and maintenance required of owning a home on Bowen Island. Their long-term plan is to retire to their Bowen home several years from now.
This review of the TUP is the initial conversation about finding a better and hopefully legal solution for the Short Term Vacation Rentals. I am proud to professionally manage and offer quality homes similar to a Fairmont Hotel experience for Bowen visitors; the Weaver Waterfront Cottage included. We have our guests sign a strict rental agreement that manages occupancy, respect for the Bowen neighbourhoods, and delivering a “good neighbour” promise of peace and quiet.
As the owner and manager of Bowen Island Accommodations I am proud to deliver a win-win- win to the Bowen Island economy: BI businesses, local workers, and 2nd homeowners:
• Our guests contribute to the BI economy. They buy gifts in our shops, dine in our restaurants, and support kayaking and other organized BI outdoor adventures plus more.
• With the support from our guests, BI small businesses can sustain themselves not only in the summer but through the winter months. Ultimately keeping the stores and restaurants open for the BI locals to continue to use as well.
• Our wages paid out to housekeepers, maintenance, and other Bowen Island suppliers recirculates through the BI economy in many directions.
• Our owners can maintain their 2nd homes/their vacation homes keeping the BI neighbourhoods beautiful which supports the values of the surrounding houses.
• Short Term Vacation rentals provide a diversity of homeownership. The ability of a
Page 98 of 227 vacation property owner to create income to supplement the costs of owning a 2nd home, their vacation home, allowing a broader range of property owners on Bowen, not just the super wealthy. This is why I started renting our family vacation home after I inherited it in 2004. I was not wealthy enough to own and maintain a 2nd home but if I could vacation rent it sufficient to cover the overhead I could keep our family vacation home. Thirteen years later we have not only maintained but improved our property and proudly support the BI economy in many ways.
Last month I reached out to our regular Bowen Island guests that frequently stay in our Bowen Island Accommodations asking them to communicate why they love staying on Bowen Island and how their visits benefit the BI economy. BI guest voices need to be heard and I hope you will consider their feedback valuable to the discussion. Their letters have been previously received in the BI Municipality inbox.
For more specific details in support of STVRs, please read Short Term, Not Short Sighted: Vacation Rentals on Bowen, written by me, Jan Stevens. The article is below:
In the past I represented the accommodations sector on the branding committee and was thrilled to contribute to the developing Tourist economy on Bowen. Going forward please consider me as a resource and valuable contributor when Council is establishing regulations of the STVR industry.
Regards,
Jan Stevens
Owner and manager Bowen Island Accommodations 604 800 office 888 604 cell
Short-Term, Not Short Sighted: Vacation Rentals on Bowen
Restrictions on short-term vacation rentals (STVR) are becoming more common in municipalities across BC. While there are some concerns many of these municipalities have in common, such as housing and regulatory issues, it’s important to consider the many factors around this complicated issue before assuming that restricting vacation rentals will have the same effect in all locales, let alone a beneficial effect. Bowen Island is a unique case, and it’s likely that restricting short-term rentals here won’t solve the housing problem, but certainly will limit tourist dollars and employment opportunities.
Page 99 of 227 Vancouver Restricts Short-Term Rentals Our city neighbour, Vancouver, has seen the recent restriction of short-term vacation rentals. The belief is that this action will return 1000 real units to the long-term rental market. Vancouver has a variety of units available on Airbnb and other rental sites, such as suites in houses, rooms, and whole apartments.
On April 1, 2018, Vancouver implemented its ban on short-term rentals of secondary suites and restrictions on renting primary residences as short-term rentals. It is part of a set of initiatives to free up potential long-term rental units, be they suites, or homes bought as investments and never used otherwise.
UPDATE AND A PERSONAL STORY A friend named Sandra and fellow short-term vacation rental owner was forced to sell her home of 35 years located along Dunbar Street in Vancouver because of the STVR ban. Her yearly taxes were $13,000, and the maintenance costs had become unaffordable without generating income from her suite in her home. Her home was purchased by a developer who has already applied for the demolition permit. It is uncertain, but likely the new property built will be another mega-mansion sitting empty in the neighbourhood. In this case, no additional affordable housing will be provided which was the purpose of restricting STVRs in Vancouver.
Sandra did not choose to long-term rent because of her past and last rental experience. After incurring over $10,000 in costs to repair the damage caused by the long-term renters that cleaned their motorcycles in the living room and sold and partook in drugs from the rental suite. After the costs to evict the renters and repair the damage she chose STVRs for income.
Would an STVR Ban on Bowen Affect Housing? We sometimes hear the call on Bowen to ban short-term vacation rentals as well, the main reason being that there is a need for long-term rental housing. These two issues aren’t necessarily linked, however, because, on Bowen Island, the shape of rentals is a little different than in other municipalities like Vancouver.
For instance, there are whole houses here that owners use for their vacations, left empty part of the year. There are also suites in homes that the owners want to keep available for family and friends to use when they visit. In many of these situations, the owners have never rented these units out long-term, and never intend to, as this would restrict their ability to use it themselves. Banning short-term vacation rentals in these cases would leave these homes mostly empty, and would no longer serve the community by providing places to stay for visitors who spend their tourist dollars here.
Housing is indeed needed on Bowen for the valuable workers and citizens who make our economy and community run, but its affordable housing that’s required. Many of the vacation
Page 100 of 227 rentals we see, if rented long-term, would NOT be affordable to those who need housing the most on Bowen. These second homes are often high-end and would rent for more than the average service worker can afford.
If homeowners were forced to rent out their secondary properties long-term, not short-term, to keep and enjoy the property themselves, this could lead to situations where renters are asked to leave for whole months or seasons. We’ve seen this happen on Bowen Island already, where homeowners choose to rent long-term instead of short-term but still want to use the property themselves. On other popular vacationing islands like Hornby Island, this is common, and many year-round residents have to move out for two or three months in the summer and find temporary housing. If they can’t find it on-island, they seek elsewhere, away from their home community and places of work.
It’s true that there isn’t enough housing for summer employees for restaurants and other businesses, kept busy by the fair-weather tourists. Having unstable long-term rentals where renters must agree to move off-island in the summer isn’t a viable solution. Instead, it further limits the summer employee pool when it’s needed the most.
The diversity of ownership is also beneficial to Bowen Island. The ability to Vacation Rent a private vacation home or even a primary residence allows less affluent homeowners to own a BI property while supporting the Tourism economy. Otherwise, more affluent homeowners without the need for additional income would leave their secondary vacation homes empty and used only during their holidays, minimizing their ongoing contribution to the Bowen economy.
Case in point: When I inherited my Aunt Jerry’s property in 2004 I had no idea how as a divorced self-employed Mom I would pay for owning this longtime family vacation home. The property was purchased in 1954 and was a significant part of our family history. I too wanted to be able to use the property for our family vacations. Having a long-term renter would have eliminated our option to use it as our vacation property, so we began short-term vacation renting the property occasionally to help pay for the overhead. Fourteen years later we are proud to report that not only have we covered our cost but we have contributed to the Bowen economy through wages paid, improvements required and providing Tourists to help sustain BI businesses.
Short-term vacation rentals and long-term rental housing are not mutually exclusive concepts. Banning the former won’t solve the latter here on Bowen Island. A ban would, however, make a sizeable negative impact on the economy.
Alternative Solutions
Page 101 of 227 PST on Airbnb and other listing sites Bowen Island Accommodations is proud to pay into the British Columbia coffers by charging the 8% hotel provincial sales tax plus 5% GST. Bowen Island has a handful of businesses that currently pay this hotel PST. However, that will soon change with the new agreement between BC and Airbnb; all short-term rentals booked through Airbnb will be collecting the 8% Provincial Sales Tax. It is the first of its kind in Canada. Once these legislative and regulatory changes are made, Airbnb will begin collecting the 8% provincial sales tax (PST) and an up-to-3% municipal and regional district tax (MRDT) on short-term accommodations provided in BC through its platform.
We are pleased to learn that the revenue raised from the new tax agreement will be used to fund affordable housing projects in our province and hopefully help to address the Bowen Island affordable housing dilemma.
Review of Long-Term Rental Regulations The BC long-term rental regulations provide necessary protections against unfair landlords. We are also aware of cases where these protections have had undue impacts on landlords, where property owners renting to long-term tenants have incurred extensive unreimbursed damages, and have had to deal with long eviction times with limited owner protections.
Based on these challenging and expensive experiences, short-term renting can appear more desirable for owners. We believe it may be beneficial to the long-term rental inventory for the province to take another look at the regulations to negotiate new equity between the owner and renter.
The Benefits of STVR on Bowen Island Short-term vacation rentals provide places to stay for visitors. Unlike other municipalities, we don’t have hotels here, and there is a high demand from tourists for places to stay, more so than is provided by conventional bed and breakfasts. Many people want their own space or a large space to bring a whole family, and short-term vacation rental homes and suites can provide this.
Tourists are spending money on their rental, food, gas, culture, and experiences on Bowen Island, and are integral to our local economy. The promotion that other vacation rental owners and we do in the off-season means that we all benefit from tourist dollars not just in the summer, but throughout the year, which helps keep businesses (restaurants, shops, services) open for locals to enjoy as well.
Some of those who benefit from these year-round tourist dollars are workers involved directly in the vacation rental economy. One Bowen Island Accommodations property made $250,000
Page 102 of 227 in improvements in the last four years, all reliant on local contractors, architect, and casual labourers. Vacation rental offerings must stay well-maintained and aesthetically up-to-date, and local workers help us to this end. The regular employment provided to our valuable cleaning staff and trades professionals are dollars we as business owners spend that also circulate in the local economy. If these short-term rentals were banned and left empty for occasional owner use, as they likely would be, these employment opportunities would be gone or heavily reduced.
Bowen Island Accommodations operates five vacation rentals on Bowen. In 2017, we spent: • $35,500 on housekeepers • $4,993 on gardeners • $31,970 on contractors and handymen. That equals close to $72,500 spent on Bowen Island and throughout the local economy.
Neighbouring properties to our vacation rentals benefit from the regular maintenance and improvements, adding value to the entire neighbourhood.
Keeping Profiles Low and Standards High
Having a culture of well-managed short-term rentals on Bowen is essential if short-term rentals are to be accepted by the community.
At Bowen Island Accommodations, we are on-call to address any noise complaints, and we strive to have our vacation rentals fit in quietly with the surrounding neighbourhoods. Long- term tenants who are noisy or a disturbance to the neighbourhood can be reported but difficult to evict if that is the preferred outcome for the neighbours or home-owners. Short- term renters are there temporarily, and in our experience, most are here to enjoy the quiet and peace of our island. At BIA, we strive to connect with other vacation rental managers through the Bowen Island Accommodations Association and Tourism Bowen Island to share best practices and communicate about the importance of noise management and neighbourhood integrity.
Through our communications, we also aim to provide visitors with value-added information about Bowen Island. We have been building our website up to be a resource for all information tourists could want and need while on Bowen, including lists of activities, restaurants, events to go to, and services to enjoy, and featuring these on our blog and newsletters as well. We encourage our guests to sample all that Bowen Island has to offer, and by doing so, direct their tourist dollars to the community.
With Airbnb, VRBO, and other online platforms, anyone can manage their vacation rental. Those who are new to this income stream may not know the importance of considering
Page 103 of 227 neighbours or promoting Bowen businesses. By staying connected as a community of vacation rental providers, we can share our combined knowledge so that short-term rentals continue to be a real benefit to Bowen Island.
The issue of affordable housing and people using short-term vacation renting as a means of income is a greater issue than just Bowen Island’s, but Bowen Island has its own context to consider as well. Affordable housing projects and policies are needed, and solutions are out there, but banning short-term rentals here isn’t one of them. A more in-depth look at the issues involved will show that the loss of short-term rentals will have unintended effects and that the real-time benefits to the community and economy are many.
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Page 104 of 227 From: jennifer brash To: BIMBC - Mayor And Council Cc: Jan Stevens; Bowen Island Municipality Subject: Importance of Allowing Short Term Vacation Rentals on Bowen Island Date: Monday, November 26, 2018 9:10:12 AM
Dear Mayor Ander & Council,
I am writing today to implore you to continue allowing short term rental accommodation to remain operating on Bowen Island.
I have been renting the Eastman cabin via reputable Bowen Island Accommodations for the past four years, multiple times each year. I prefer the privacy of this type of vacation rental and the ability to prepare meals and enjoy the property like a home away from home. I would never consider BnB rentals as this type of stay would not meet my accommodation needs. BnB rentals are best for one / two night stays only.
This Eastman Cabin vacation rental has provided me with countless wonderful holiday memories and reminds of how truly precious and unique Bowen Island is. During each stay I have contributed $1500 + to the local Bowen business community; enjoying kayak rentals, many meals at the restaurants / cafes and pub, daily groceries, pharmacy, pet shop, rounds of golf, yoga and even buying art and clothing at Artisan Square.
My aim is to buy a home on Bowen Island and extended stays on the island has given me an opportunity to have relaxing vacation in close proximity to my home in Vancouver, better understand the living and community life on the Island, and all the amenities available. I feel short term vacation rentals on Bowen Island are an important aspect in supporting tourism on the Island and they bring much need tourist dollars to support local business community and their employees.
Bowen Island Accommodation is an excellent operator and a proud representative of Bowen Island. They are always professional and ensure their guests / visitors are aware and respectful of the unique aspects of the Island and its residents.
Please keep allowing short-term rental accommodations on the island they help the community in so many ways.
Sincerely,
Jennifer brash Vancouver, BC jenbrash 604.781.
Page 105 of 227 ABRAHAM CHAITON, M.D., M.Sc., F.R.C.P. (C) RHEUMATOLOGY & INTERNAL MEDICINE
East 13th Street Phone: (604) 986- North Vancouver, BC Fax: (604) 986 V7L 2L4 Email: achaiton
Dear Mayor and Council:
Re: Short-term rentals on Bowen Island
We have been part-time residents on Bowen Island for 20 years. We live and work in both Toronto and Vancouver, as a Doctor and Landscape Architect respectively.
10 years ago, we built a three-bedroom oceanfront home on the west side of this island.
We occupy the home for short stays each month, but for the remaining time, rather than leaving it empty, we have been renting out our home through VRBO or Boutique-Homes Vacation Rentals as an exclusive high-end self-contained home.
We personally interview all of our potential houseguests prior to confirming a rental. We have a local Bowen Island house manager who greets them when they arrive at the ferry dock and escorts them to the home. We cater to couples or small families up to 6 persons. Our clients are international, many visitors from Europe, Africa, United States, and South America. Local residents from Vancouver and other locations in BC, Alberta, and Ontario are also frequent clients. Contracted stays range for 3 days to up to 3 weeks.
Our home is serviced by local residents. We employ gardeners, carpenters, painters, irrigation system specialists, electricians, hot tub maintenance, recycling services, florists and cleaners, in order to maintain a level of excellence in our property.
Our guests also use local services that include grocery stores, liquor stores, restaurants, kayak and boat rentals, motorcycle rentals, and other local establishments. Many also secure fitness instructors, massage therapists, and hair stylists, and catering services.
Our home is a first class self-contained three-bedroom residence on the oceanfront. We personally use our home each month and would never rent for long-term rentals. If we are not renting this home it would sit idle and not contribute to the financial and economic benefits to Bowen Island. We believe that the tourists who utilize our property are bringing significant financial benefits and support to the Bowen Island community.
We are supportive of any measures designed to organize, supervise or regulate this type of operation on Bowen Island by the municipality. However, we are not in favor of legislative procedures designed to suppress this type of business practice as it would not accomplish any improvement in the availability of affordable residential properties on the Island, and result in a loss of substantial economic benefits to many persons and businesses on the island. Furthermore, we service the significant shortage of tourist accommodation on the Island as there is a paucity of similar properties and a substantial demand. We are available to discuss this further and remain Respectfully Yours.
Abraham Chaiton MD,MSc, FRCPC, RhMSUS Janet L. Rosenberg DLitt (Hon.), OALA, FCSLA, ASLA, IFLA, RCA Page 106 of 227
SHORT TERM VACATION RENTALS
Local Government Bylaw, Policy Bowen Island Municipality Bed and Breakfast Use: permitted as a home occupation by the resident of the dwelling on the lot within the primary dwelling and/or an accessory building, provided: there is no separate kitchen facility for guests; the accessory building is less than 93 m2 (1000 square feet); there are a maximum of 4 bedrooms on a lot less than 2 ha and 5 bedrooms on a lot larger than 2 ha; and there is no accessory residential use on the lot; permitted in Rural Residential Zones, Settlement Residential Zones, Village Residential Zones, Village Commercial Zones (except VC 1(b), VC 2(a)), Village Institutional and Village Civic Zones, Comprehensive Development Zones 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 12, 15, 16, 17, and 20
Commercial Guest Accommodation Use: overnight guest accommodation that may include kitchen and washroom facilities within unit; permitted in VC 1 Zone and P1(a) Zone
Other Considerations: business license, parking, signage, and potable water supply Denman Island Home-Based Guest Accommodation: permitted as a home occupation provided it is contained within the principal dwelling unit and be no more than 3 bedrooms with a maximum of two beds each; separate kitchen facility for guests is permitted Salt Spring Island Bed and Breakfast Use: permitted as a home occupation providing there is only one home-based business on the property, must be located within principal dwelling unit or seasonal cottage, no more than 3 bedrooms on a lot less than 1.2 ha and 4 bedrooms on a lot larger than 1.2 ha, and cannot exceed 50% of the principal dwelling unit’s floor area and seasonal cottage on the lot, up to a maximum of 100m2
Seasonal Cottage Use: cannot be constructed on lots less than 1.2 ha, maximum floor area is 56 m2, cannot be located within 6 metres of any other building on the lot, cannot have a basement, garage or carport, not for long-term rental
In 2017, Local Trust Committee planned to investigate Short Term Vacation Rental policy. Housing Needs Assessment completed in 2018 Gambier Island Commercial Visitor Accommodation: permitted as a home occupation provided no more than 4 guests at one time, not more than 2 bedrooms are used, is contained within the principal dwelling and must be a minimum of 30 or more
Page 107 of 227 continuous days
Village of Lions Bay Short-term rentals prohibited in all zones except where authorized by Temporary Use Permit
Temporary Use Permit for Short Term Rentals Policy - 1702: provides guidance for reviewing TUP’s, including preference given to residents, maximum number of guests, parking, additional requirements if in Natural Hazard Assessment Area (e.g. indemnity), safety, water supply, impact on neighbours, quiet hours, signage, securities required, proof of insurance, maximum length of initial TUP (1 year) Village of Anmore Bed and Breakfast Use: permitted provided it is not more than 2 bedrooms, in either the principal dwelling or accessory building, meets the parking space requirement, must be owned and operated by the resident of the principal dwelling, no cooking or other facilities for the keeping of food shall be provided, must have approved water and sewage disposal, business license, and patron’s cannot stay more than 20 days in a 12 month period
Town of Gibsons Bed and Breakfast Use: permitted as a home occupation “boarding use” provided it is conducted by the resident or members of a family resident and each unit is less than 19m2 in floor area and does not include cooking facilities
Undertook public consultation in 2017 and will be establishing a Short-Term Rental Policy in 2018 (Town of Gibsons Staff recommend including definition of STR, business license requirement including conditions of license, enforcement and ticketing systems, similar to District of Sechelt) Sunshine Coast Regional District Bed and Breakfast Use: permitted as an auxiliary use provided there is a maximum of two bedrooms per dwelling, any bedroom shall not exceed 28m2, signage is a maximum of 3500cm2, must be operated by the principal resident, employees may only be members of the principal residents’ family plus one other person and must have sewage disposal
Bed and Breakfast Inn: permitted up to 5 bedrooms and 10 guests, on a minimum parcel size (determined by zone), operated by resident of lot,
Undertook public consultation in 2017 and will be establishing a Short-Term Rental Policy in 2018 (SCRD Staff recommend including definition of STR, consideration of TUPs, and proposed fines for non-compliance) Town of Golden Bed and Breakfast Use: permitted provided it is accessory to residential use, operated by owner of the property who lives in the dwelling on the lot, up to 3 sleeping units with a maximum of 2 guests per unit in a residential zone, up to 8 sleeping units with a maximum of 2 guests per unit in a commercial zone, not permitted in conjunction with other accessory use
Undertook focus groups to gather input which will lead to a regulatory framework for 2018 implementation District of Lantzville Bed and Breakfast Use: permitted as a home occupation provided it is contained within the principal dwelling, up to a maximum of between 2 and 4 bedrooms, is conducted by the permanent residents of the lot, have a business license
Permission for “vacation rentals” issued via Temporary Use Permit.
Page 108 of 227 District of Peachland Bed and Breakfast Use: permitted so long as the use is contained within the principal dwelling, does not have a secondary or garden suite, the occupant of the principal dwelling is running it, no more than 4 bedrooms and 8 patrons, bedrooms shall not contain a kitchen, parking is provided on the lot, and patrons shall not stay more than 30 days in a 12 month period
Looking at undertaking a Regional Housing Needs Assessment in 2018 which would address the impact of AirBnB City of Rossland Short Term Rental Accommodation (guess room, suite, or home): permitted when rezoned to short term rental zone, up to 2 guests per guest room, 4 guests per guest suite, and 8 guests per guest home, subject to license, parking, sign requirements.
Short Term Rental Accommodation Policy No. 07-04: sets out licensing requirements, maximum number of dwellings in City that can be used for short term rentals (5%), considers maximum density of rentals (e.g. one per block), road/parking issues, impact on neighbours, proximity to commercial/recreation etc., impact on housing
Business Licenses for Short Term Rental: establishes license fee based on number of bedrooms, sets out mandatory information requirements, good neighbour policy, pre-inspection list
District of Sechelt Bed and Breakfast Use: permitted provided it is contained to the principal dwelling, has up to 3 bedrooms, not more than 6 guests, one parking space for each bedroom which must be buffered from abutting lots, cannot exceed 40% of gross floor area of the residence, lot must not have a secondary suite, and must have business license
Short Term Residential Rental: rental of a dwelling unit on a daily, weekly, or other short-term basis for less than four consecutive weeks; permitted in specific zones subject to obtaining a business license.
Business License Bylaw No. 520, 2012: must adhere to terms and conditions including: having a local contact who can immediately respond to issues, notification of neighbours within 100 metres, written record of names of tenants, local contact must be there to meet all tenants, local contact cannot operate more than two properties unless registered owner.
District of Sparwood Bed and Breakfast Use: permitted as a home occupation provided there are a maximum of 3 bedrooms accommodating up to 6 people with one onsite parking stall per bedroom and no cooking facilities or other facilities for the keeping of food within the bedrooms District of Tofino Short Term Rental Operations: permitted as a secondary use in specific zones when no more than 6 guests per rental, not more than 3 sleeping units, no separate cooking facilities, not more than one secondary suite is used for the short term rental, a business license is required, one parking space is provided for each sleeping unit, only one short term rental per lot, can be conducted in a secondary suite, caretaker cottage or principal dwelling
Page 109 of 227 NOT permitted: in a dwelling in a commercial or industrial zone, multi-family buildings, commercial/industrial/ institutional zoned lands, an accessory building, guest house, caretaker’s cottage, or dwelling containing a bed and breakfast, a lot that is not occupied by a permanent resident City of Victoria Short-Term Rentals: permitted as a home occupation within a principal residence subject to a business license and compliance with operating requirements, including a maximum of two bedrooms with shared kitchen and living spaces (however the whole residence may be rented on some occasions, e.g. when the owner goes on vacation), no liquor is provided to customers, parking is provided onsite, no signage for STR, if food is provided, it must be provided prior to 12:00 pm OR within a lot with a legally non-conforming unit where transient accommodation was a permitted use.
Short Term Rental Regulation Bylaw: regulation of short-term rentals where permitted under the Zoning Bylaw, including the requirement to have a business license.
City of Vancouver Short-Term Rentals: permitted within a principal residence OR in a secondary home/basement suite if the operator lives there fulltime, subject to obtaining a business license ($49.00/year). Business license sets out additional requirements, including the requirement to have a fire safety plan, smoke alarms, carbon monoxide detectors, compliance with occupancy limits set out in fire bylaw, automated sprinkler system by 2023. Fines for non-compliance can be up to $1000 per offence, for infractions such as operating without a business license, advertising without display of business license, operating in home that is not the principal residence, commercial short-term rentals, unsafe or nuisance issues.
Responsible Short-Term Rental Operator Handbook: sets out information needed to operate a short-term rental in Vancouver
Page 110 of 227 SHORT-TERM RENTAL Share your
The District of Squamish is reviewing and developing options for short-term rentals (STRs) Perspective which include rentals listed onREVIEW Airbnb, VRBO and other similar platforms. STR regulation is one of many initiatives to improve affordable housing as outlined in the Squamish2040 Official Community Plan. Designing an approach for Squamish will involve extensive engagement with VISIT the community to determine how best to address the opportunities and challenges presented by squamish.ca/short-term-rentals STRs. to complete the survey This backgrounder provides information to support informed discussions about STRs – the current housing situation and STR context for Squamish; different perspectives, considerations and common approaches to regulating and managing STRs; and potential options going forward. SURVEY
WHAT ARE SHORT TERM RENTALS? An STR is the use of a dwelling unit, or any portion of it, as a rental unit for a Individuals’ needs and period of less than 30 days and includes vacation rentals and bed and breakfasts aspirations, as well as (District of Squamish Zoning Bylaw 2200, 2011). collective community A Bed and Breakfast is a dwelling used for temporary lodging of paying guests, limited to 2 bedrooms and common areas, including a dining room. needs such as affordable housing, are all part ARE THEY PERMITTED? of the community Short-term rentals are currently permitted in commercial zones as tourist conversation. accommodation (Hotels, Hostels, Motels) and on parcels zoned to permit licensed Bed and Breakfasts, with a valid Bed and Breakfast Business Licence. The STR survey aims Residential zones do not currently permit short-term rentals in residential ? dwellings (single family, duplex, townhouse units, etc) or accessory dwellings to better understand (secondary suites, coach houses, etc). Some stratas in Squamish have begun to the community’s put short-term rental strata bylaws in place, and can further regulate rentals and impose fines for non-compliance. perceptions, concerns and preferences for PROJECT STAGES + ONGOING ENGAGEMENT OPPORTUNITIES short-term rental approaches and their implications. 1 2 3 4 Survey results will be October 2018 November-January February-May June 2019 summarized and shared 2018 - 2019 2019 Onwards with the community
Research + Early Options, Approaches + Preferred Option Implementation + and Council. They will Engagement Implications Selection + Drafting Monitoring inform next steps for Regulations • Collect and synthesize • Initiate formal bylaw community consultation data to support • Develop alternative • Develop a preferred approvals then informed discussions options for STR approach for STRs implement, monitor on regulatory options + identify stakeholder regulation + and draft associated and enforce new STR to find a preferred perspectives and enforcement; consult regulations for regulations; review preferences on STRs on the approaches and community + Council after Year 1 to refine as approach for Squamish. their implications review needed
• Council touchpoint - • Stakeholder focus • Community open • Public information Engagement Strategy sessions house meetings • Early Engagement + • Pop-ups • Council workshop • Public hearing for Outreach • Engagement bylaws • STR Backgrounder summary • Ongoing stakeholder • Initial public survey focus sessions (Future, monitor STRs) Page 111 of 227 ACCOMMODATION STR RENTAL UNITS UNIQUE LOCAL 429 Listed in August 2018 | Listings grew by 140 units in last 12 months (August 2017 to August 2018) IMPACTS 2018 M A N Y SNAPSHOT PERSPECTIVES The rise in short term vacation rentals in tourism regions and popular towns is connected to global growth in online rental platforms like Airbnb. PROPERTY PERCENTAGE MINIMUM STRs allow residents to leverage assets and earn TYPE OF PROPERTY NIGHTS 19,893 supplemental income, and as a ‘stay in’ strategy in POPULATION 17,479 increasingly unaffordable markets like Squamish. 14,435 15,256 STRs bring a variety of opportunities and challenges, GROWTH as outlined below. Growth in STRs and their resulting avg 2.5% / yr UNKNOWN: community impacts need to be carefully considered 2001 2006 2011 2016 66% Single Family 75% Entire Home 97% 1 to 7 Nights how many % Partial Home and managed. secondary suites, 33% Multi Family 25 1% 30+ Nights Unknown or accessory 1% Unknown 0% 1% Not specifi ed SQUAMISH CENSUS CA (2016) dwellings (e.g. by host carriage homes) 7,375 OCCUPIED PRIVATE DWELLINGS are used as STRs HOME SHARE / 60% HOMES DECLARED AS A PRINCIPAL RESIDENCE STR ANNUAL RENTAL FREQUENCY SUPPLEMENTAL INCOME (Squamish Home Owner Grants 2018 YTD) Short term rentals 90 84 • STRs provide income for owners and businesses span the entire 80 77 27% RENTER-OCCUPIED community and 70 # of days entire • Allow for utilization of existing accommodation space 60 homes are rented when not in use 37% OF all Squamish 50 43 in the year RENTERS SPEND MORE THAN 30% neighbourhoods 40 • Offer cultural exchange for residents + visitors INCOME ON RENT # of units 30 24 • May be subject to strata bylaw prohibitions, restrictions 20 10 9 and/or fines 0.3% RENTAL VACANCY RATE since 2015 10 5 1 0 0 1-3031-60 61-90 91-120 120-150 151-180 181+ HOUSING AVAILABILITY # of days / year + AFFORDABILITY 632 SECONDARY SUITES ESTIMATED STR REVENUE TOURISM • There is a strong financial incentive to rent STRs 40 CARRIAGE HOMES • STRs provide increased visitor RENTAL LISTINGS accommodation options • STRs contribute to loss of long-term 334 SECONDARY SUITE BUILDING PERMITS 35% $0 (especially for peak tourist rental housing supply and increased issued (average of 59/year) and 42 LEGEND 41% $0 TO $5,000 periods) rental rates over time ESTIMATED accessory dwelling BPs since 2014 Trip Advisor 15% $5,000 to $10,000 • Increased visitation brings local • A vacancy rate of less than 1% persists YEARLY in Squamish To encourage aff ordable housing options, Priceline REVENUE 8% $10,000 to $25,000 economic benefits + spending • More than a third of renter households in 2016 the District began waiving Other 1% $25,000 to $50,000 • STRs may also compete with building permit fees for secondary suites 0% $50,000 + commercial hotel tax revenues spend more than 30% of their income Expedia on rent and utilities which is considered and accessory dwelling units as well as Airbnb unaffordable exempting them from development cost • More than 500 new affordable rental charges. NIGHTLY RATES NEIGHBOURHOOD units are needed to meet core housing 0 to $50 9% needs over the next 8 years $50 to $100 35% LIVEABILITY $100 to $200 37% • Rotating visitors and STR turnover $200 to $400 16% increase potential for noise/nuisance TAXATION + BUSINESS LICENSING 488 ESTIMATED NEW $400 + 2% in residential areas AFFORDABLE RENTAL Not provided 2% • Security concerns exist in shared • Currently Squamish STRs are not licensed nor taxed Page 112of 227 UNITS NEEDED IN THE STR Data Source: accommodation buildings as commercial enterprises (unless licensed as Bed NEXT 8 YEARS Host Compliance LLC: a private company that provides short-term rental compliance monitoring services to local governments • Increased parking and pressure on & Breakfasts) creating an unfair playing field for shared resources (utilities, garbage/ accommodation providers represents an additional 7% TOURIST ACCOMMODATION recycling facilities) • Accommodation Providers >4 units pay 8% PST plus of total housing stock 1000 • Potential changes to neighbourhood a 2% municipal regional district tax (MRDT) for local (Source: Squamish Community Hotel Occupancy 2017 to 2018 feel tourism promotion Housing Needs Assessment July 2018) 755 Comparing year to date numbers Hotel/Motel rooms • Illegal STRs are not subject to building/fire 519 (January to June) over the same 500 inspections, creating potential safety concerns period in 2017, Squamish continues to Bed & Breakfast 255 • Municipal regulation and licensing may provide 13 (licenced in 2018) maintain growth in overnight visitations with a 9.7% increase in occupancy. 0 revenue through taxes and fees to fund STR 508 Camping Sites JAN FEB MAR APR MAY JUNE monitoring, enforcement, inspections etc (includes BC Parks, Municipal + private campgrounds in Squamish boundary) APPROACHES & OPTIONS SPECTRUM Permissive Restrictive STAY No Business Business Business Residencey Rezoning Highly Prohibit WITH Regulations Licence Licence plus licence plus Requirement Requirement Restrict US only Caps Conditions
New Orleans Cumberland Nelson Tofino Vancouver Revelstoke Whistler Richmond Austin Sechelt Pemberton Victoria Golden North Vancouver *Squamish Denver Chicago Fernie Rossland New York current state* Sign-up to receive updates by email. DIFFICULT VISIT TRADE-OFFS Neighbourhood squamish.ca/short-term rentals fit Safety Regulation and CONTACTS Compliance tax equity and Long Aja | [email protected] Enforcement term rental Sarah | [email protected] Tourism supply and affordability 604.815.5002 Housing speculation Supplemental HELPFUL LINKS income OCP Housing Policies Zoning Bylaw Business Licence Bylaw
POTENTIAL TOOLS • Business licence and licence conditions (Building code and fire inspections, health and safety checks, infraction deposits, parking)
• Good neighbour requirements (Host operator contact information availability, onsite management)
• Bylaw enforcement (Audits, tickets, legal review)
• Host platform agreements (not listed without display of licence)
Please complete the survey before SURVEY October 31, 2018 squamish.ca/short-term-rentals Page 113 of 227 MAYOR & COUNCIL Planning Department TUP-03-2018 345 Robinson Road
Page 114 of 227 December 10, 2018 LOCATION
345 Robinson Road Page 115 of 227 TUP APPLICATION
345 Robinson Road is operated as a short term rental. Following a complaint and Bylaw investigation, the applicant is pursuing a Temporary Use Permit to allow commercial guest accommodation as a permitted use Page 116 of 227 TUP RECOMMENDATION
That Council defer consideration of TUP-03-2018; and instead direct staff to consider short term vacation rentals on a island wide approach Page 117 of 227 Land Use Bylaw
The Land Use Bylaw permits Commercial Guest Accommodation in some parts of Snug Cove
Commercial Guest Accommodation means overnight guest sleeping accommodation for transient paying guests, which is not a bed and breakfast and may include a washroom and kitchen within the individual unit. Page 118 of 227 Land Use Bylaw The Land Use Bylaw permits Bed and Breakfast in practically all residential areas as a Home Occupation, subject to, among other things, •The operator be a resident of the property; •The Bed and Breakfast not have a separate kitchen or cooking facility for use by the guests; •Provide guests with a breakfast; •MaximumPage 119 of 227 number of bedrooms (4 or 5 depending on lot size) •Provide 1 parking space per guest Short Term Vacation Rentals
Unknown how many non-compliant short term rentals are on Bowen. •Listings on short-term vacation rental websites include both permitted Bed & Breakfasts, and non-permitted rental •Staff searches on AirBnb.ca reliably find 20+ places with kitchen available to rent Page 120 of 227 Other Communities More Permissive More Restrictive
No Business Permit through Permit in a Permit in a Permit through Don’t Restrictions Licence Only, a TUP, maybe dwelling for a dwelling, but a rezoning, permit maybe with a with a cap limited time require a maybe with a cap second dwelling cap
• Sechelt • Lions Bay • Nelson • Saltspring • Rossland • Bowen Is. • Nelson • Lantzville • Victoria • Tofino • (Many others) Page 121 of 227 RECOMMENDATION
•Direct staff to develop a work plan for a community consultation process to develop a short-term vacation rental policy Page 122 of 227 scavi/aean masteyaxw
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November 20, 2018
Bowen Island Muncipality 981 Artisan Lane Bowen Island B.C. VON IG2
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Re: Invitation to Tsnwwasscn First Nation Final Agreement 10"‘Anniversary
On April 3. 20l9. Tsawwassen First Nation will be celebrating the l0-year anniversary ofthc Tsawwassen First Nation Final Agreement (Treaty). As fellow Members ofMetro Vancouver. two representatives from your government are warmly invited to attend the Treaty Day 2019 events taking place on Wednesday, April 3, 20 I9. on Tsawwassen Lands.
Tsawwassen First Nation achieved an historic milestone when its Final Agreement became effective on April 3, 2009. The Tsatwvassen First Nation Final Agreement, a comprehensive lanclclaim and self-government agreement. was the ?rst to be successfully negotiated through the British Columbia Treaty Process. It made Tsawwassen First Nation the ?rst urban modern treaty Nation in B.C.
Ifymir government plans to have one or two representatives attend, please advise Ben Bisset. Manager of Policy and Intergovernmental Affairs. no later than December 3|‘ ZOI 8. The preferred method for RSVP is e-mail to: bh stnation CUITI. hay EX" £19‘
Yaahl liwaans / tax “ilem Chief Bryce Williams
Administration Dl?ce: 1925 Tsawwassen Drive, Tsawwassen, British Columbia 4GZ V4M Page 123 of 227 Tel: [604] 943-2112 I Fax: [604] 943-9225 Website: tsawwassenlirstnationmnm
To: Mayor Ander and Council
From: Sue Ellen Fast, Councillor and Islands Trust Trustee
Date: November 13, 2018 Meeting Date: November 13, 2018
Subject: Public Square Role of Cardena Corner
RECOMMENDATION That Council direct staff to prepare a report with recommendations for how to protect the “public square” role of the outdoor space used for community gatherings such as annual Remembrance Day ceremonies and other gatherings, including Women’s March in 2014, Green Man, May Day, Bowfest Parade and others, when planning improvements to the larger Cardena corner/library/cenotaph area.
PURPOSE This public space has various uses, including transportation, walkability, aesthetic, ceremonial and democratic gathering uses. The last two are significant for resilient, tight, caring small communities as reflected in community planning movements such as Strong Towns. The principle of multiple-use is recognized and embraced in practice on Bowen Island, including in the planning of indoor public spaces such as the community centre. A method for considering multiple uses when planning individual improvements to outdoor public spaces would benefit community well-being and resiliency over the long term.
BACKGROUND Sunday’s Remembrance Day ceremony was a moving event attended by a significant number of Bowen citizens, as every year. Changes recently proposed have included a large bus shelter with no specified considerations of this space‘s important “public square” role. The proposed building, while well-intentioned and since withdrawn, could have blocked views, restricted movement around and visibility of the fire trucks and other ceremony-related vehicles, and taken up valuable open public space while being unused during the ceremony. This is just one example of potential unintended consequences when individual improvements are undertaken without consideration of the broader multi-purpose community planning context.
FINANCIAL IMPLICATION Multi-use public areas are cost-effective.
Page 124Page of 227 1 of 2
ALTERNATIVES 1. That Council request no report. 2. Other options determined by Council.
Attachments: • Four photos taken Sunday November 11 2018 of the Remembrance Day ceremony. (Higher panorama view photo posted by Phil Kemp to Facebook BIEE, other photos by Sue Ellen Fast.)
SUBMITTED BY:
______Sue Ellen Fast Councillor and Islands Trust Trustee
Page 125 of 227
Page 126 of 227
November 19, 2018 Canada Mortgage and Housing Corporation 2000-1111 West Georgia Street Vancouver, BC V6E 4M3
To Whom it May Concern,
Re: Bowen Island Resilient Community Housing (BIRCH)
I am writing to confirm that Bowen Island Municipality strongly supports the efforts of Bowen Island Resilient Community Housing (BIRCH) to build affordable housing on Miller Road of Bowen Island. Council has committed to providing approximately 0.480 hectares of land on “Lot 3 of the Community Lands” for this project. In addition to Council’s commitment to providing this land, a subdivision is currently underway. Site plan attached for reference.
At its regular Council meeting held November 13, 2018, Bowen Island Municipal Council adopted the following resolution # 18-467, and authorized that it be forwarded to the Canada Mortgage and Housing Corporation:
“That Council authorize staff to enter into an "Agreement to Lease" with Bowen Island Resilient Community Housing (BIRCH) to provide approximately a 0.480 hectare area of "Lot 3 of the Community Lands"; and
That Council provide a letter of intent to be included in BIRCH's funding application to the Canada Mortgage and Housing Corporation, due November 30, 2018, outlining BIM's commitment to providing a portion of its Community Lands for a housing project.”
If you require any further information, please do not hesitate to contact me.
Sincerely,
Gary Ander Mayor
Page 127 of 227
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110'-2" [33 .58m 85'-10" ] 1:1000 @ 8.5x11 NOV 08, 2018 Page 128 of 227 BOWEN ISLAND TRUNK RD
Media Release Bowen Island Municipality For Immediate Release 981 Artisan Lane December 4, 2018 Bowen Island, BC, V0N 1G2
Building permit marks another milestone on the path to our Community Centre
BOWEN ISLAND - Bowen Island Municipality has obtained a building permit for the Community Centre, bringing the project one step closer to its realization. Having a building permit strengthens the application to the Investing in Canada Infrastructure Program by demonstrating that the project is “shovel ready”.
Access to grant funding is a key component of the estimated capital budget of $14.5 million, and could pay up to 73% of the eligible costs of building the Community Centre.
The grant application must also demonstrate community support, such as donations, pledges and letters of support.
With a building permit in hand, fulfilling the capital budget remains the last requirement before building can begin. If the grant funding is confirmed (anticipated summer 2019), a tendering process would take place in the fall of 2019, followed by site preparation and construction. The Community Centre grand opening celebration could happen as early as fall 2021.
Come together, Bowen Island! Bowen Island needs a place for residents of all ages to gather, access facilities and amenities, create health and wellness benefits, and enhance the experience of living on the island. For decades, Islanders have envisioned a place where community can better flourish, and lives are enriched in multiple and profound ways. Now, we are within reach of realizing that vision.
For more information, or to pledge or donate, please visit: www.ourislandplace.com
Contacts
Shauna Jennings Sophie Idsinga Manager of Recreation and Community Services Communications Coordinator [email protected] [email protected]
Page 129 of 227 From: Michael Kaile To: Andrew Brownsword; David Verlee; Barry Pynn; BIMBC - Mayor And Council Cc: Stef Shortt Subject: Internet Connectivity year-end update. Date: Sunday, December 2, 2018 3:58:57 PM
Having received a call from Shaw:
Firstly to emphasise all is proceeding ahead. The inevitable question that follows is when, given this has been a long and somewhat tortuous journey.
As you will be aware the cable has been laid - work in hand to have product ready.
The focus now moves to the customer base and offerings to be made, with the “roll-out” bringing technical and marketing together.
Based on what I am told - which I have to trust having got this far - 2019 will see us with a standard of connectivity equal to Vancouver in the early spring.
Michael.
Michael Kaile Municipal Councillor Municipal Trustee, Islands Trust www.bowenislandmunicipality.ca [email protected] +1 604 765 3052
Page 130 of 227
200-1627 Fort Street, Victoria BC V8R 1H8 Telephone (250) 405-5151 Fax (250) 405-5155 Toll Free via Enquiry BC in Vancouver 660-2421. Elsewhere in BC 1.800.663.7867 Email [email protected] Web www.islandstrust.bc.ca
November 27, 2018 File No.: 0400-70
Cowichan Tribes SXIMEȽEȽ (Esquimalt) Nation Halalt First Nation Homalco First Nation K’ómoks First Nation Klahoose First Nation Lake Cowichan First Nation Lyackson First Nation MÁLEXEȽ (Malahat) Nation xʷməθkʷəyəm̓ Musqueam BOḰEĆEN (Pauquachin) First Nation Penelakut Tribe Qualicum First Nation Scia’new (Beecher Bay) First Nation SEMYOME (Semiahmoo) First Nation shíshálh First Nation Snaw-naw-as (Nanoose) First Nation Snuneymuxw First Nation Lekwungen (Songhees) Nation Sḵwxwú7mesẖ (Squamish) Nation Stz’uminus First Nation Tla’amin (Sliammon) Nation T’Sou-ke Nation W̱ JOȽEȽP (Tsartlip) First Nation SȾÁUTW̱ (Tsawout) First Nation Tsawwassen First Nation Tsleil-Waututh Nation W̱ SIḴEM (Tseycum) First Nation We Wai Kai (Cape Mudge) First Nation Wei Wai Kum (Campbell River) First Nation
Dear Chiefs and Councils:
Re: Islands Trust November 6, 2018 Election Results and Committees
On November 6th, 2018 the Islands Trust held elections for the 2018-2022 term. I wanted to write to provide you with the results of our election and committee appointments because I look forward to working with each of your Chiefs and Councils in the coming years.
The Islands Trust is committed to focusing its approach for improved relations with First Nations with interests in the lands and waters of the Trust Area. We seek to move beyond formality to have meaningful interactions with First Nations that are rooted in a sincere and genuine relationship of respect; this is our commitment to advance Reconciliation over the coming years.
On November 8th, 2018, I was reappointed as Chair of the Islands Trust Council from the Thetis Island Local Trust Area, and will begin my second term as Chair. The three new vice-chairs are: Trustee Sue Ellen Fast of the Bowen Island Municipality, Trustee Laura Patrick of the Salt Spring Island Local Trust Area, and Trustee Dan Rogers of the Gambier Island Local Trust Area.
As well, the Islands Trust Council also elected Trustee Doug Fenton of the Thetis Island Local Trust Area and Trustee Kate-Louise Stamford of the Gambier Island Local Trust Area to serve on the Islands Trust Conservancy Board, a land conservancy for the islands in the Salish Sea. In the afternoon, the Executive Committee elected Trustee Sue Ellen Fast of the Bowen Island Municipality as its representative to the Islands Trust Conservancy.
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Page 131 of 227 Bowen Denman Hornby Gabriola Galiano Gambier Lasqueti Mayne North Pender Salt Spring Saturna South Pender Thetis
First Nations in Trust Area November 27, 2018 Page 2
The elected trustees are:
Bowen Island Municipality Denman Island Trust Area Gabriola Island Trust Area Sue Ellen Fast+ Laura Busheikin+* Scott Colbourne Michael Kaile David Critchley+* Kees Langereis Galiano Island Trust Area Gambier Island Trust Area Hornby Island Trust Area Tahirih Rockafella Dan Rogers+* Alex Allen+ Jane Wolverton Kate-Louise Stamford+* Bi-election in January Lasqueti Island Trust Area Mayne Island Trust Area North Pender Island Trust Area Peter Johnston* Jeanine Dodds+ Benjamin McConchie* Timothy Peterson+* David Maude Deb Morrison* Salt Spring Island Trust Area Saturna Island Trust Area South Pender Island Trust Area Peter Grove+ Paul Brent+* Cameron Thorn Laura Patrick Lee Middleton+* Steve Wright Thetis Island Trust Area Doug Fenton Peter Luckham+ + incumbent * candidates elected by acclamation
On November 14, 2018, at the second meeting of the 2018-2022 Islands Trust’s Executive Committee, I appointed the chairs for each of the 12 local trust committees in the Islands Trust Area (see list below). As guided by the Islands Trust Act, the Islands Trust Chair appoints local trust committee chairs from the four members of the Executive Committee. The appointed chairs will now join two local trustees, elected during October’s general local elections, to form the local trust committee for each group of islands designated as a local trust area.
Local trust committees are responsible for land use planning and regulation for their respective area of jurisdiction (see attached map). Their responsibilities include preparation and adoption of official community plans, land use bylaws, zoning and subdivision bylaws, regulation of soil removal and deposit, and authorization of permits under Part 14 of the Local Government Act.
The four-member Islands Trust Executive Committee is comprised of the Chair and the three Vice-Chairs. It oversees the daily business of the Islands Trust between quarterly meetings of the entire Council. It has legislated responsibilities to consider approval of bylaws developed by local trust committees and Bowen Island Municipality. In addition, the Executive Committee acts as a local trust committee for the Ballenas- Winchelsea Islands Local Trust Area. For Bowen Island Municipality, the two municipal trustees are part of a seven-member council that is responsible for all functions of a local government, including land use decisions.
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Page 132 of 227 First Nations in Trust Area November 27, 2018 Page 3
Over the coming term the Islands Trust Council, local trust committees, the Islands Trust Conservancy and trustees hope to advance the mandate to preserve and protect this beautiful part of the Salish Sea. We would like to work closely with you by building meaningful relationships and sharing knowledge as we face many issues and decisions that affect the lands and waters of the region. It is our desire that by working together on concerns that affect us all we can ensure that this region becomes a model for sustainability for our children’s children and that culturally and spiritually important places are protected for your communities. Please feel free to contact me or our Chief Administrative Officer Russ Hotsenpiller ([email protected]) if you have any concerns over the coming term.
With great respect,
Peter Luckham Chair, Islands Trust Council 250-210-2553 [email protected] cc. Islands Trust Council Islands Trust website
LOCAL TRUST COMMITTEE CHAIR ASSIGNMENTS
Denman Island Local Trust Committee North Pender Island Local Trust Committee Sue Ellen Fast Laura Patrick
Gabriola Island Local Trust Committee Salt Spring Island Local Trust Committee Dan Rogers Peter Luckham
Galiano Island Local Trust Committee Saturna Island Local Trust Committee Dan Rogers Laura Patrick
Gambier Island Local Trust Committee South Pender Island Local Trust Committee Sue Ellen Fast Laura Patrick
Hornby Island Local Trust Committee Thetis Island Local Trust Committee Sue Ellen Fast Laura Patrick
Lasqueti Island Local Trust Committee Executive Islands Local Trust Committee Peter Luckham Peter Luckham
Mayne Island Local Trust Committee Dan Rogers
Page 133 of 227
Page 134 of 227 From: Islands Trust To: Hope Dallas Subject: November Advocacy: Pipelines, Hazardous Substances, and Abandoned Vessels Date: Friday, November 23, 2018 4:47:12 PM
Can't read this email? Click here to view it online. Send to a Friend 23 - November -
2018 Trust Council Updates Preserving Island Communities, Culture and Environment it_masthead2.jpg
November Advocacy: Pipelines, Hazardous Substances, and Abandoned Vessels
The Islands Trust remains active in voicing concern about the proposed expansion of the Trans Mountain pipeline. On Tuesday, written comments were submitted to the reconsideration hearing being held by the National Energy Board (NEB). This November 20 deadline follows just seven weeks after the NEB’s October 3rd deadline for contributions to help define the terms of reference for the hearing itself, to which the Islands Trust also contributed. The reconsideration hearing was set up in the wake of the Federal Court of Appeal decision that quashed the Order in Council approving the Trans Mountain Expansion Project.
The Island Trust Council has been vocally opposed to the proposed expansion project. This opposition is rooted in concern that an oil spill resulting from the project or an oil tanker collision or malfunction into the Salish Sea could have a devastating impact. As outlined in this week’s submission, the core issues remain the same as the ones the Islands Trust Council expressed in 2011 when it requested that the NEB consider the consequences of marine shipping and also facilitate full and meaningful involvement by coastal communities and First Nations.
On November 5, the Trust Council Chair wrote to a Transport Canada consultation about how Canada prepares for and responds to the release of hazardous and noxious substances from ships into the marine environment. Because of the local elections, which had been only recently completed, the letter references earlier advocacy work.
Also this month, the Honourable Selina Robinson, Minister for Municipal Affairs and Housing, presented the Islands Trust’s 2017-2018 annual report during the November 19th afternoon sitting of the B.C. Legislative Assembly. In her comments, the Minister acknowledged the work of the Islands Trust and the Islands Trust Conservancy in managing development, sustaining communities and protecting ecosystems in this unique and special part of British Columbia. She also referenced the important milestone that the Conservancy has reached in protecting 103 places
Page 135 of 227 (totaling 1270 hectares) and highlighted the Trust’s commitment to improving relations with the many First Nations with interests in the lands and waters of the Trust Area to help advance reconciliation.
HOT OFF THE PRESS: The Islands Trust has printed up a new leaflet: Abandoned Boats, Barges, Buoys & Docks in the Islands Trust Area: Frequently Asked Questions. The title pretty much says it all: the leaflet answers the most common questions received by Islands Trust trustees and staff on the topic of this, sadly, too common form of water- based debris. The leaflet is available online and at the front desk of all three of our main offices. If you would like a copy mailed to you, please send an e-mail to [email protected].
Employment Opportunities
The Islands Trust is currently seeking applications for a Property Management Specialist to work with the Islands Trust Conservancy in Victoria (deadline November 24, so don’t delay) and an Island Planner to work on Gabriola (deadline November 28). Information about both these positions is available on our Employment Opportunities page.
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Page 136 of 227 From: Don Youngson To: BIMBC - Mayor And Council; Tess Taylor Subject: BUSINESS LICENCES AND NON CONFORMING ZONING Date: Wednesday, November 28, 2018 2:50:07 PM
Good afternoon:
Having just read the pamphlet from MUNI regarding the commencement of the Business Licence Program for Bowen, I wondered about existing businesses that are non conforming with respect to zoning. For example, situations such as short stay accommodation, B&B’s with full kitchens or storage of heavy equipment that are not permitted uses under the property zoning, will a business licence be granted regardless of zoning contravention?
Will it be part of business licencing process to inforce zoning compliance?
Best regards,
Don Youngson
Sent from Yahoo Mail for iPad
Page 137 of 227 From: Tess Taylor To: Don Youngson; BIMBC - Mayor And Council Subject: RE: BUSINESS LICENCES AND NON CONFORMING ZONING Date: Thursday, November 29, 2018 9:02:02 AM
Hi Don,
Business will need to comply with Bowen Island Muncipality Land Use Bylaw No. 57, 2002 (LUB) in order to be issued a Business Licence.
In the case of home-based business, the application will include a place for business owners to state and sign that they comply with the LUB. Enforcement on this section will occur on a complaint basis, as with enforcement of other bylaws.
I hope this helps, please let me know if you have further questions or concerns.
Regards, Tess Taylor Business Licence Inspector & Planning Technician Bowen Island Municipality
981 Artisan Lane, Bowen Island, BC V0N 1G2 [email protected] 604-947-4255
The information transmitted herein is confidential and may contain privileged information. It is intended solely for the person or entity to which it is addressed. Any review, retransmission, dissemination, taking of any action in reliance upon, or other use of this information by persons or entities other than the intended recipient is prohibited. If you received this in error, please notify me and delete or destroy all copies.
From: Don Youngson
Good afternoon:
Having just read the pamphlet from MUNI regarding the commencement of the Business Licence Page 138 of 227 Program for Bowen, I wondered about existing businesses that are non conforming with respect to zoning. For example, situations such as short stay accommodation, B&B’s with full kitchens or storage of heavy equipment that are not permitted uses under the property zoning, will a business licence be granted regardless of zoning contravention?
Will it be part of business licencing process to inforce zoning compliance?
Best regards,
Don Youngson
Sent from Yahoo Mail for iPad
Page 139 of 227 From: Bowen Island Municipality To: BIMBC - Mayor And Council Subject: FW: Human Sex trafficking/Child Sex Trafficking public awareness campaign Date: Friday, November 30, 2018 9:57:02 AM Attachments: Untitled attachment 00031.pdf Farley M_Prostitution Vancouver.pdf German Brothel Menu Example.docx 2018_06_25_13_30_40.pdf Cathy"s bio.docx Importance: High
From: Cathy Peters
Dear Mayor Gary Ander and Bowen Island Municipal Council, My name is Mrs. Cathy Peters and I am a BC anti-human trafficking educator, speaker, advocate. I have been raising awareness to the growing pandemic of “Child Sex Trafficking in BC and How to Stop it”, for the last 5 years. I am in touch with every City Council, MLA, MP and police agency in BC.
It is important that the public, police and politicians understand that BC has become a global sex tourism destination, with our port cities and an entry point into Canada. Our youth/children/the vulnerable are not safe in BC because an aggressive sex industry is targeting them to increase “supply” for the growing “demand”.
I have attached a biography and a newspaper article on my work.
4 short videos (links below) have been developed by the “anti-human trafficking initiative” in Vancouver to raise public awareness of human sex trafficking in BC and Canada. This Initiative wants to stop full decriminalization of prostitution in Canada (specifically the decriminalization of sex buyers).
It is important Canadians understand the implications to our culture/society if the government fully decriminalized prostitution/sex buyers. Full decriminalization would be a fatal blow to our Canadian democracy, ideals, values and identity while undermining any concept of gender equality or human rights in our country.
I have included a German brothel menu as an example of typical brothel activity, which is what we could end up with in every community in Canada.
See the Vimeo link, website link and facebook link below (choose which application works best for you to send out). Please send these to police contacts, frontline stakeholders, civic leaders, victim services, MLA’s and MP’s.
Page 140 of 227 “Education is our greatest weapon”. (quote from HT expert/activist former MP Joy Smith- Manitoba).
Vimeo: https://vimeo.com/album/5483715 Website: http://buyingsexisacrime.org https://www.facebook.com/buyingsexisacrime/
In terms of research papers on this issue I have included the 2 papers that I send to the public, politicians and police. The first is research on the Rhode Island experience with full decriminalization from 1980-2009 for 29 years. Because of the increase in underage prostitution (trafficking) and violence, the law was repealed and prostitution made illegal.
The 2nd paper is by Dr. Melissa Farley who visited the DTES and summarized her findings.
I will be presenting at Missionsfest at the Vancouver Convention Centre on January 20th, 2019 at 2 pm along with Dr. Melanie Ryper, an Emergency Room Physician who is seeing human trafficking in the emergency room. Dr. Ryper is also educating physicians regarding this growing pandemic. Our topic: “Child Sex Trafficking in BC and How to stop it”.
If you know of any setting or group (police, schools, victim services, service groups, churches) I could present to, please let me know. I am booking for March, April and May 2019.
If a presentation is wanted in the Lower Mainland, I simply need my travel costs covered (gas). If a presentation anywhere in BC is wanted, I would need my travel, accommodation, honorarium costs covered.
Please give me your feedback on the videos. I look forward to hear from you, especially from new Mayors and new Councillors.
Most Sincerely, Cathy Peters BC anti-human trafficking educator, speaker, advocate. #302-150 W. 15th St., North Vancouver, BC V7M 0C4 phone: 604-828-2689
Page 141 of 227 Mrs. Cathy Peters: biography
Mrs. Cathy Peters has been “raising awareness” to the new pandemic of CST or Child Sex Trafficking (the buying and selling of children for sex) in British Columbia for the last 5 years; to the Federal government level and now to the Municipal and Provincial levels of government. Cathy is a former inner city high school teacher (Southern Okanagan and Delta School districts), and has done volunteer work for 2 Members of Parliament (John Weston/BC, Joy Smith/Manitoba) for 5 years. She has been public speaking (200 presentations) on this specific issue in BC for 3 years since the “Protection of Communities and Exploited Persons Act” became Federal Law; to City Councils, School Boards, Police Boards, high schools, colleges, universities, seniors, church, business, leadership, women’s, men’s, youth, provincial leadership groups and law enforcement agencies. Cathy has contacted all BC police agencies including RCMP HQ Provincially and Federally and has been awarded 5 RCMP Challenge Coins for her work/advocacy from Coquitlam, Richmond, Surrey, RCMP Headquarters Child Exploitation Unit and the Chilliwack RCMP detachments and 1 Coin from the New Westminster Police Department after presenting at the Justice Institute in New Westminster, and coins from the Delta Police Department and Vancouver Police Department. Cathy’s work/advocacy has been introduced in the BC Legislature in spring 2018, and she has participated in 2 Federal Justice Committee Human Trafficking Roundtables (2017, 2018) in Vancouver. At their request, Cathy has submitted specific recommendations to the Federal Public Safety Department on “How to Stop Human Sex Trafficking and Child Sex Trafficking in Canada”.
“Education is our greatest weapon” in addressing this egregious crime. Cathy has written to every City Council (190), MLA (87), MP (41) and Police Agency in British Columbia, to every Premier and Attorney General in Canada and to every MP in Canada (338). In her presentations Cathy describes the problem we have locally, and the strategies/tools/resources we can use to stop this crime. She is hopeful and positive in her presentation, so that the audience can do something in their area of influence. Cathy is married to Allan, an architect and they have 3 amazing (grown) children: 1 boy, 2 girls, ages 33, 30, 28.
Some Facts about Human sex trafficking/youth and child exploitation: It is the fastest growing crime in Canada and the world. It is a form of “modern day slavery”. Today’s slavery has low costs and huge profits; a trafficker can make $280,000 per victim, per year. Average age of entry into prostitution is 12-14 years of age in Canada, although traffickers are targeting children as young as 9 years of age. There is a dramatic increase in child exploitation and child pornography (production and consumption). Unchecked pornography on the internet fuels the sex trade creating an increasing demand for paid sex. The biggest problem we have in Canada: people do not know we have a problem here; therefore the traffickers are developing the sex industry exponentially. Every woman and child, the marginalized and vulnerable will become a potential target and victim, unless we do something to stop it.
MISSION STATEMENT: A MODERN EQUAL SOCIETY DOES NOT BUY AND SELL WOMEN AND CHILDREN. Page 142 of 227 Page 143 of 227 Page 144 of 227 04_farley_052667 (jk-t) 26/5/05 10:13 am Page 242
transcultural psychiatry
June 2005
ARTICLE
Prostitution in Vancouver: Violence and the Colonization of First Nations Women
MELISSA FARLEY Prostitution Research and Education, San Francisco
JACQUELINE LYNNE Vancouver, British Colombia
ANN J. COTTON University of Washington, Seattle
Abstract We interviewed 100 women prostituting in Vancouver, Canada. We found an extremely high prevalence of lifetime violence and post- traumatic stress disorder (PTSD). Fifty-two percent of our interviewees were women from Canada’s First Nations, a significant overrepresentation in prostitution compared with their representation in Vancouver generally (1.7–7%). Eighty-two percent reported a history of childhood sexual abuse, by an average of four perpetrators.Seventy-two percent reported childhood physical abuse, 90% had been physically assaulted in prostitution, 78% had been raped in prostitution. Seventy-two percent met DSM-IV criteria for PTSD. Ninety-five percent said that they wanted to leave prostitution. Eighty-six percent reported current or past homelessness with housing as one of their most urgent needs. Eighty-two percent expressed a need for treatment for drug or alcohol addictions. Findings are discussed in terms of the legacy of colonialism, the intrinsically traumatizing nature of prosti- tution and prostitution’s violations of basic human rights.
Vol 42(2): 242–271 DOI: 10.1177/1363461505052667 www.sagepublications.com Copyright © 2005 McGill University
242 Page 145 of 227 04_farley_052667 (jk-t) 26/5/05 10:13 am Page 243
Farley et al.: Prostitution in Vancouver
Key words colonization • First Nations • post-traumatic stress disorder • prostitution • sexual assault
Prostitution is a gendered survival strategy that involves the assumption of unreasonable risks by the person in it. A number of authors have docu- mented and analyzed the sexual and physical violence that is the norma- tive experience for women in prostitution (Baldwin, 1993, 1999; Barry, 1979, 1995; Boyer, Chapman, & Marshall, 1993; Dworkin, 1981, 1997; Farley, Baral, Kiremire, & Sezgin, 1998; Giobbe, 1991, 1993; Hoigard & Finstad, 1986; Leidholdt, 1993; MacKinnon, 1993, 2001; McKeganey & Barnard, 1996; Miller, 1995; Silbert & Pines, 1982; Silbert, Pines & Lynch, 1982; Vanwesenbeeck, 1994; Weisberg, 1985). For example, Silbert and Pines (1981, 1982) reported that 70% of women suffered rape in prosti- tution, with 65% having been physically assaulted by customers, and 66% assaulted by pimps. The foregoing authors include data from Burma, Germany, Mexico, Philippines, the Netherlands, Norway, Scotland, South Africa, Thailand, Turkey, USA and Zambia. Most of those in prostitution began prostituting as adolescents. Nadon, Koverola, and Schludermann (1998) found that 89% had begun prosti- tution before the age of 16. Of 60 women prostituting in escort, street, strip club, phone sex,1 and massage parlors in Seattle, all began prostituting between the ages of 12 and 14 (Boyer et al., 1993). In Canada, as elsewhere, most women and men enter prostitution as adolescents (Lowman, 1993).2 Fifty-two percent of 183 Vancouver women were first prostituted when they were younger than 16 years, and 70% first prostituted before age 18 (Cunningham & Christensen, 2001). Children typically enter prostitution subsequent to abusive treatment by caregivers (Lowman, 1993) and subsequent to running away from dangerous home environments (Federal/Provincial Territorial Working Group on Prostitution, 1998). Most people in prostitution were sexually abused as children, usually by several perpetrators. Farley and colleagues (2003) found an average of four perpetrators of childhood sexual abuse against those in prostitution in nine countries. Those in prostitution are often still children (Youth Dele- gates of Out of the Shadows, 1998). Across nine countries on five conti- nents, 47% of the people in prostitution entered it when they were less than 18 years of age (Farley et al., 2003). One girl prostituting in Seattle said:
We’ve all been molested. Over and over, and raped. We were all molested and sexually abused as children, don’t you know that? We ran to get away. They didn’t want us in the house anymore. We were thrown out, thrown away. We’ve been on the street since we were 12, 13, 14. (Boyer et al., 1993, p. 16)
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Transcultural Psychiatry 42(2)
The most relevant paradigm currently available for understanding the harm of prostitution is that of domestic violence. Physical coercion, rape and violence by husband/partner/pimp and john are perpetrated against women in prostitution (Currie, 1994; Lowman, 1993; Lowman & Fraser, 1995; Miller, 1995). Of 854 people in prostitution, 73% reported that they had been physically assaulted in prostitution (Farley et al., 2003). In most instances, women in prostitution are battered women. Giobbe (1993) compared pimps and batterers and found similarities in their use of enforced social isolation, minimization and denial, threats, intimidation, verbal and sexual abuse, attitude of ownership, and extreme physical violence to control women. One survivor described prostitution as a ‘harrowing metamorphosis’ that included frequent physical assaults and which ultimately resulted in a ‘neutralization of the body’ (Jaget, 1980, p. 188) or somatic dissociation. The physical and emotional violence of prostitution leads to somatic dissociation which itself has been regularly associated with chronic health problems (Kirkingen, 2001). In 1858, Sanger asked 2000 prostitutes in New York about their health and concluded that ‘premature old age’ was the invariable result of prostitution (cited in Benjamin & Masters, 1964). Today we view the chronic ill health of those in prostitution as resulting from physical abuse and neglect in childhood (Radomsky, 1995), sexual assault (Golding, 1994), battering (Crowell & Burgess, 1996), untreated health problems, and overwhelming stress and violence (Friedman & Yehuda, 1995; Koss & Heslet, 1992; Southwick, Yehuda, & Morgan, 1995). Sanger described conditions of despair, degradation, decline, and early death among women in prostitution who survived, on average only 4 years from entry into prostitution (Benjamin & Masters, 1964). Making the same observation in the parlance of today’s global marketplace, an anony- mous pimp commented on the ‘brief shelf life’ of a girl in prostitution. Pheterson (1996) summarized the health problems of women in prosti- tution: exhaustion, frequent viral illness, sexually transmitted diseases, vaginal infections, backaches, sleeplessness, depression, headaches, stomach- aches, and eating disorders. The longer women were in prostitution, the more sexually transmitted diseases they reported (Parriott, 1994). Women who were used by more customers in prostitution reported a range of more severe physical symptoms (Vanwesenbeeck, 1994). Prostitution can be lethal (Potterat et al., 2004). A Canadian commission found that the death rate of women in prostitution was 40 times higher than that of the general population (Special Committee on Pornography and Prostitution, 1985). A study of Vancouver prostitution reported a 36% incidence of attempted murder (Cler-Cunningham & Christenson, 2001). Vancouver agencies serving women in prostitution have observed many
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First Nations women in prostitution. We use the words First Nations as a term of respect for people whose ancestors were the first nations of people in North America. We use the term Aboriginal interchangeably with First Nations.3 In a number of communities across Canada, Aboriginal youth comprise ‘90% of the visible sex trade’ (Save the Children Canada, 2000, p. 7), suggesting the importance of placing prostitution in historical context. Acknowledging the adverse effects of colonialism, Cler-Cunning- ham and Christenson (2001) observed the ‘immense overrepresentation’ of Aboriginal women in Vancouver’s street-level sex trade. The Royal Commission on Aboriginal Peoples (RCAP) documented the perilous state of Aboriginal housing: 84% of Aboriginal households on reserves did not have sufficient income to cover housing (RCAP, 1996). Housing instability results in reserve-to-urban migration, leaving young women vulnerable to prostitution, in that homelessness has been established as a primary risk factor for prostitution (Boyer et al., 1993; Louie, Luu, & Tong, 1991; Silbert & Pines, 1983). When women in prosti- tution are asked what they need, first on their list is housing (Farley et al, 1998). Colonization and racism result in extensive and insidious trauma that wears away its victims’ mental and physical health (Kelm, 1998; Root, 1996). Colonization of First Nations in Canada by the British and the French resulted in well-documented health problems (Waldram, Herring & Young, 2000). The combined effects of poverty, race discrimination and cultural losses profoundly affect First Nations and are likely contributing factors to high rates of interpersonal violence, depression, suicide and substance abuse (Kirmayer, 1994).4 Canada’s Royal Commission on Abor- iginal Peoples referred to premature death as one of the consequences of colonization: Aboriginal people are more likely [than non-Aboriginal people] to face inadequate nutrition, substandard housing and sanitation, unemployment and poverty, discrimination and racism, violence, inappropriate or absent services, and subsequent high rates of physical, social and emotional illness, injury, disability and premature death. (RCAP, 1996, p. 107) The suicide rate among First Nations people across Canada was three times that of other Canadians and six times higher for those aged 15–24 years (Bobet, 1990). The prevalence of violence against Aboriginal women is extremely high. The death rate of First Nations women from homicide is more than four times greater than that of all Canadian women (Health Canada, Medical Services Branch, unpublished tables, 1995, cited in RCAP, 1996, p 153). Nahanee (1993) wrote of ‘the almost total victimization of [Aboriginal] women and children’ and concluded ‘violence against Aboriginal women
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has reached epidemic proportions according to most studies conducted over the past few years. This violence includes the victimization of women and their children, both of whom are seen as property of their men (husbands, lovers, fathers), or of the community in which they live’ (Nahanee, 1993, pp. 360–361). Similarly in the United States, 80% of indigenous women seeking health care at one clinic reported having been raped (Old Dog Cross, 1982). First Nations gay men like First Nations women, are in double jeopardy. Comparing Canadian Aboriginal and non-Aboriginal gay men, researchers found that Aboriginal gay men were significantly more likely to be poor, unstably housed, more depressed, to have been sexually abused as children, to have been raped, and to have been prostituted (Heath et al., 1999). The diagnosis of post-traumatic stress disorder (PTSD) describes psychological symptoms resulting from overwhelmingly traumatic events such as rape, war, and prostitution. PTSD can result when people have experienced ‘extreme traumatic stressors involving direct personal experi- ence of an event that involves actual or threatened death or serious injury; or other threat to one’s personal integrity; or witnessing an event that involves death, injury, or a threat to the physical integrity of another person; or learning about unexpected or violent death, serious harm, or threat of death or injury experienced by a family member or other close associate’ (American Psychiatric Association, 1994). PTSD is characterized by anxiety, depression, insomnia, irritability, flashbacks, emotional numbing, and hyperalertness. Symptoms are more severe and long lasting when the stressor is of human design. PTSD is common among prostituted women. Farley and colleagues (1998) found a PTSD prevalence rate of 67% among those in prostitution in five countries. Cultural and social factors are known to have a causal role in PTSD symptoms (U.S. Department of Health and Human Services, 2001). Trauma history and PTSD vary by race/ethnicity and national origin with, for example, refugees from South Asian countries experiencing high rates of war-related traumatic events (Mollica et al., 1990) and indigenous peoples in the United States suffering multiple and cumulative trauma when compared with other groups (Robin, Chester, & Goldman, 1996). In a study that included a majority of Alaska Native women, 70% of a sample of pregnant women in substance abuse treatment had experienced child- hood physical and sexual abuse (Brems & Namyniuk, 2002). There are many anecdotal accounts and case studies of prostitution (Farley & Kelly, 2000). We noted the need for quantitative data. This work was an attempt to expand a quantitative database on prostitution, history of violence and PTSD that now includes nine countries (Farley et al., 2003). An analysis of the intersections of race, class and gender is crucial
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to an understanding of prostitution. In reviewing the literature regarding colonialism, cultural alienation, and violence against First Nations, we predicted that First Nations women, compared with non-First Nations women in prostitution, would report increased rates of violence both during prostitution and in their lives prior to prostitution. Given the previous findings of extremely high rates of PTSD among those prosti- tuted, we did not anticipate finding differences in PTSD between First Nations women and white European-Canadian women in prostitution.
Method Brief structured interviews of 100 prostituting women and children were conducted in Vancouver, Canada. We contacted agencies working with prostitutes and set up collaborative efforts where possible. The second author was a board member of a Vancouver agency that provided services to prostitutes and was familiar with locations where prostitution commonly occurred in Vancouver. She was known to some of our inter- viewees in her capacity as a social worker. Interviewers were screened for the ability to establish an easygoing rapport on the street and in occasion- ally dangerous locations. The women we interviewed were from the Downtown Eastside, Franklin, and Broadway/Fraser prostitution strolls in Vancouver, BC. We attempted to contact any woman known to be prostituting, whether indoor or outdoors. Using a snowball recruitment technique, we asked women to let their friends who were prostituting elsewhere (e.g. in other areas or indoors) know that we would return to a specific location at a specific time the next day. Usually we had access only to people prostitut- ing on the street. Only four women refused to participate; several appeared to be in the process of approaching customers. Informed consent included a summary of research goals and partici- pants’ rights. Respondents’ copies of the consent form included names and phone numbers of local agencies that could be contacted for support and assistance and included the authors’ phone numbers and email addresses. In all cases we offered to read the items to respondents. Most were able to complete the questionnaire without assistance; however, a few were illiter- ate. If respondents indicated that they were prostituting we asked them to fill out three questionnaires. We paid a small stipend ($10 Canadian) to those who responded to the three questionnaires. The Prostitution Ques- tionnaire (PQ), used in similar research in South Africa, Thailand, Turkey, the USA and Zambia, consists of 32 items asking about physical and sexual assault in prostitution, lifetime history of physical and sexual violence, and the use of or making of pornography during prostitution (Farley et al.,
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1998). The questionnaire asked whether respondents wished to leave prostitution and what they needed in order to leave. We asked if they had been homeless, if they had physical health problems, and if they used drugs or alcohol or both. Because of item heterogeneity, psychometrics on the PQ are not available. Sample items include: 2. Since you’ve been in prostitution, have you been physically assaulted? 14a. When you were a child, were you ever hit or beaten by a parent or caregiver until you had bruises on your body or were injured in some other way by them? 16. Did you ever have pictures taken of you while you were working in prostitution? 19. Have you ever been homeless? Respondents also completed the PTSD Checklist (PCL), a 17-item scale that assesses DSM-IV symptoms of PTSD (Weathers, Litz, Herman, Huska, & Keane, 1993). Respondents were asked to rate the 17 symptoms of PTSD (see Table 1) on a 5-point scale with 1 = not at all;2=a little bit; 3=moderately;4=quite a bit;and 5=extremely.Weathers and colleagues (1993) report PCL test–retest reliability of .96. Internal consistency as measured by Cronbach’s alpha was .97 for all 17 items. Validity of the scale is reflected in its strong correlations with the Mississippi PTSD Scale (.93), the PK scale of the MMPI-2 (.77) and the Impact of Event Scale (.90). The PCL has functioned comparably across ethnic subcultures in the USA (Keane, Kaloupek, & Weathers, 1996). Based on previous responses to open-ended questions about health problems among prostituted women, we constructed a Chronic Health Problems Questionnaire (CHPQ; Farley et al., 1998). The CHPQ is a symptom checklist with dichotomous items. Interviewees were asked whether or not they had symptoms or experienced events commonly reported by women in prostitution. Sample items included joint pain, jaw pain, loss of feeling on skin, pain in breasts and head injury. Scale mean was 17.6, with SD =8.6.Internal consistency as measured by Cronbach’s alpha was .92 for 36 items. Once it was apparent that we were interested in hearing about women’s experiences during prostitution, many volunteered information regarding what prostitution was like for them. Some of their observations are included here. Whenever an interviewee wanted to talk with us, we welcomed that and took notes. During this process, referrals were made to substance abuse treatment centers, First Nations community centers and medical clinics.
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Participants We describe all of the 100 interviewees in this study as women, although one respondent identified as transgendered. This person was included as a woman with the rest of our respondents. Ages ranged from 13 to 49 years, with a mean age of 28 years (SD =7.8 years). The youngest age at recruitment into prostitution was 10 years. Respon- dents spent an average of 10 years in escort, massage, and street prostitution (SD =7 years).A few respondents had been in prostitution less than a year, with 4 months being the least amount of time any of our interviewees spent in prostitution. One woman had been prostituted for 31 years. With respect to race/ethnicity, 52% were First Nations, 38% were white European-Canadian, 5% were African-Canadian, and 5% left the question unanswered. Ethnicity was self-reported. The majority of the 52 First Nations women described themselves as Native (n =24),First Nations (n =2) or Native Indian (n =2).Next most often,they described them- selves as Metis (n =10),a French word that translates to English as ‘mixed blood’ and is used to describe people who are of both First Nations and European ancestries. Historically, the two major colonizers of First Nations of Canada were the British and the French; therefore most of those called Metis were First Nations/French or First Nations/British. In current use in the Downtown Eastside of Vancouver, the word Metis refers to anyone who is biracial or multiracial. We use the term Metis in its broadest sense and not as a term that refers to legal status. The First Nations women also categorized themselves as Cree or Cree Native (n =3),Cree/French (n =2), Ojibwa (n =2),Aboriginal (n =2),Native/El Salvador (n =2), Blackfoot/Cree (n =1),Cree/Metis/Mexican (n =1),and Interior Salish (n =1).In order to make statistical comparisons, we collapsed all the fore- going groups into the category ‘First Nations.’ Fewer than 10 women identified themselves by nation, so we were unable to compare nations in our analyses.
Results Childhood Violence Eighty-two percent of our respondents reported a history of childhood sexual abuse, by an average of four perpetrators. This statistic (those assaulted by an average of four perpetrators) did not include those who responded to the question ‘If there was unwanted sexual touching or sexual contact between you and an adult, how many people in all?’ with ‘tons’ or ‘I can’t count that high’ or ‘I was too young to remember.’ Seventy-two percent reported that as children, they had been hit or beaten by a care- giver until they had bruises or were injured.
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Eighty-six percent of these women in Vancouver prostitution reported current or past homelessness.
Physical and Sexual Violence in Prostitution Ninety percent of these women had been physically assaulted in prosti- tution. Of those who reported physical assault, 82% of the perpetrators were their customers. Eighty-nine percent had been physically threatened while in prostitution and 67% had been physically threatened with a weapon. Seventy-eight percent had been raped in prostitution, with 67% of those raped having been raped more than five times. Seventy-six percent of those who had been raped had been raped by customers. Sixty-seven percent of our interviewees reported that pornography was made of them in prostitution; and 64% had been upset by an attempt to force them to perform an act that customers had seen in pornography.
Verbal and Emotional Abuse in Prostitution Eighty-eight percent of the women responding to our questionnaires reported that they had been verbally abused. One woman commented,‘lots of [customers] are super-nice at first. Then when the sex act starts, they get real verbally abusive.’ Another told us that while legal prostitution might make her feel safer from physical assaults, it would not change the verbal abuse and harassment that she knew was intrinsic to prostitution.
Physical Health Problems Sixty-three percent of these women in prostitution reported health problems. Common symptoms were memory problems (66%), trouble concentrating (66%), headaches (56%), dizziness (44%), vision problems (45%), hearing problems (40%), balance problems (41%), aching muscles (78%), joint pain (60%), jaw pain (38%), and swelling of limbs (33%). Cardiovascular symptoms included chest pain (43%), pain/numbness in hands/feet (49%), irregular heartbeat (33%) and shortness of breath (60%). Sixty-one percent of these respondents had cold/flu symptoms. In addition, 35% reported allergies and 32% reported asthma. Twenty four percent reported both painful menstruation and vaginal pain. Twenty three percent had breast pain. In response to a general query about health, 30% of the women we interviewed reported hepatitis C. Some of the cardiovascular, neurological and joint complaints may have been symptoms of drug withdrawal. Seventy-five percent of the women reported physical injuries from violence in prostitution. Many reported stabbings and beatings,
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concussions and broken bones (broken jaws, ribs, collar bones, fingers, spinal injuries, and a fractured skull), as well as cuts, black eyes, and ‘fat lips.’5 Fifty percent of these women had head injuries resulting from violent assaults with, for example, baseball bats and crowbars. Many had their heads slammed against walls and against car dashboards. Customers and pimps regularly subjected then to extreme violence when they refused to perform a specific sex act.
Post-Traumatic Stress Disorder PTSD consists of three types of symptoms: (1) persistent, intrusive re- experiencing of trauma; (2) numbing of responsiveness and persistent avoidance of stimuli associated with trauma; and (3) persistent autonomic hyperarousal. A diagnosis of PTSD requires at least one intrusive symptom, three numbing/avoidance symptoms, and two hyperarousal symptoms, as well as having experienced a traumatic stressor (criterion A). Criterion A requires having experienced or witnessed an event or events involving actual or threatened death or serious injury, or a threat to the physical integrity of self or others, and reacting with intense fear, helpless- ness, or horror to these events (American Psychiatric Association, 1994). Attempted rape is commonly accepted as meeting criterion A for diagnosis of PTSD (Avina & O’Donohue, 2002). Ninety percent of our respondents had themselves been physically assaulted in prostitution. Based on previous findings we concluded that all of our respondents met criterion A by having experienced or witnessed serious injury. We summed respondents’ ratings across the 17 items of the PCL, gener- ating an overall measure of PTSD symptom severity that was previously used by the scale’s authors. Mean PCL score for our respondents was 55.7 (SD = 15.6). Using Weathers et al.’s (1993) formulation we considered a score of 3 (moderately), 4 (quite a bit) or 5 (extremely) on a PCL item to be a symptom of PTSD. Eighty-nine percent of our respondents endorsed at least one intrusive symptom of PTSD, 81% endorsed at least three numbing and avoidance symptoms of PTSD, and 85% endorsed at least two of the physiologic hyperarousal symptoms of PTSD. The mean scores for these 100 women in prostitution were within the clinically symptom- atic range (3 or greater) on two of the five intrusive symptoms, for all seven of the numbing/avoidance symptoms, and all five of the hyperarousal symptoms of PTSD. See Table 1 for mean scores of each of the 17 PCL items. Seventy-two percent of our respondents met criteria for a PTSD diagnosis.
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TABLE 1 PTSD symptoms of 100 Vancouver women in prostitution
Percent responding at PTSD symptom PTSD symptom Mean SD level (%)
Intrusive re-experiencing (B symptoms) Memories oftrauma from the past 3.1 1.3 64 Dreams of trauma from the past 2.8 1.4 54 Act/feel as iftraumatic event were happening again 2.8 1.3 53 Very upset when reminded oftrauma from past 3.5 1.2 76 Physical reactions to memories of past trauma 2.6 1.4 52
Numbing and avoidance (C symptoms) Avoid thinking or feeling about past trauma 3.5 1.4 76 Avoid activities which remind you of past trauma 3.4 1.4 68 Trouble remembering parts of trauma from past 3.1 1.5 65 Loss of interest in activities you used to enjoy 3.8 1.3 78 Feeling distant or cut offfrom people 3.7 1.4 72 Emotionally numb; unable to have loving feelings 3.4 1.5 70 Feel as if future will be cut short 3.4 1.5 68
Hyperarousal (D symptoms) Trouble falling or staying asleep 3.1 1.4 67 Feeling irritable or having angry outbursts 3.3 1.5 64 Difficulty concentrating 3.3 1.3 72 ‘Superalert’ or watchful or on guard 3.6 1.3 81 Feeling jumpy or easily startled 3.3 1.5 66
History of Violence and PTSD We investigated four types of lifetime violence experienced by these inter- viewees: childhood sexual assault, childhood physical assault, rape in adult prostitution, and physical assault in adult prostitution. Eighty-nine percent reported childhood sexual assault, 72% reported childhood physical assault, 92% reported rape in adult prostitution, and 90% reported physical assault in adult prostitution. Four percent of the sample had experienced only one type of lifetime violence, 11% reported two types, 23% reported three types, and 62% reported experiencing all four types of lifetime violence. PTSD diagnosis and severity were not related to number of types of lifetime violence as would normally be expected. These respondents’ extremely high incidence of lifetime violence created a ceiling effect. Because 85% of the sample experienced three or four types of lifetime violence, there were not enough people in the group who experienced only
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one or two forms of lifetime violence (15%) to determine whether there was a relationship between PTSD severity and number of different types of lifetime violence.
Current Needs of Interviewees Ninety-five percent of these respondents stated that they wanted to leave prostitution. Eighty-two percent expressed a need for drug or alcohol addiction treatment. They voiced a need for job training (67%), a home or safe place (66%), individual counseling (58%), self-defense training (49%), health care (41%) and peer support (41%). Thirty-three percent needed legal assistance, 32% wanted legalized prostitution, 12% needed childcare, and 4% wanted physical protection from pimps.
Differences with Respect to Race/Ethnicity We compared First Nations women with European-Canadian women in a number of analyses. Table 2 summarizes these comparisons. Childhood sexual abuse was reported significantly more often by interviewees identi- fying as First Nations than by those describing themselves as European Canadian (χ2 (1) = 5.2, p = .02). Of those First Nations women reporting sexual abuse, relatives were specified as perpetrators 41% of the time, adult friends or community members were specified as perpetrators 34% of the time, and an older child was specified as perpetrator 25% of the time. Significantly more First Nations women than European-Canadian women reported childhood physical abuse (χ2 (1) = 5.6, p = .02). TABLE 2 Comparison of First Nations and European-Canadian women: Childhood physical and sexual abuse, homelessness, and violence in prostitution
First Nations European-Canadian
% (n = 52) % (n = 38) χ2 p
Childhood physical abuse* 81 (42) 58 (22) 5.6 .02 Childhood sexual abuse* 96 (50) 82 (31) 5.2 .02 Verbal abuse in prostitution 88 (45) 92 (35) 1.0 .30 Physical abuse in prostitution 88 (46) 89 (34) .02 .88 Raped in prostitution 92 (48) 92 (35) .00 .97 Threatened with a weapon 63 (33) 66 (25) .16 .69 Homelessness 83 (43) 87 (33) .43 .51 Upset by being forced to 69 (36) 58 (22) 1.2 .28 imitate pornography Had pornography made of them 65 (34) 60 (23) .49 .48
*p < .05.
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TABLE 3 Responses to ‘What do you need?’ asked of women in prostitution
First Nations European-Canadian
Need % (n = 49) % (n = 36) χ2 p
Drug or alcohol treatment 88 (43) 75 (27) 2.3 .13 Job training* 78 (38) 56 (20) 4.6 .03 Individual counseling* 67 (33) 44 (16) 3.9 .05 Self-defense training** 63 (31) 33 (12) 7.4 .006 Home or safe place 61 (30) 75 (27) 1.3 .25 Peer support* 53 (26) 25 (9) 6.3 .01 Medical or health care 41 (20) 36 (13) .2 .66 Legal assistance 33 (16) 28 (10) .2 .63 Legalized prostitution 24 (12) 36 (13) 1.3 .24 Childcare 16 (8) 8 (3) 1.2 .28 Physical protection from pimp 4 (2) 3 (1) .1 .75
Note.Five participants did not respond to these questions. *p < .05; **p < .01.
There were ethnic differences in response to a needs assessment. See Table 3. First Nations women indicated a significantly greater need for self- defense training (χ2 (1) = 7.4, p =.006),a greater need for peer support (χ2 (1) = 6.3, p = .01), a greater need for job training (χ2 (1) = 4.6, p = .03), and for individual counseling (χ2 (1) = 3.9, p = .05). We found no race/ethnic differences in the frequency of health problems endorsed on the Chronic Health Problems Questionnaire (F(1,82) = .06, p = .81). First Nations women in the sample were not more likely than European Canadians to qualify for a diagnosis of PTSD (χ2 (1) = .01, p =.92) nor was there a significant statistical relationship between PTSD severity, as measured by the mean PCL sum score and First Nations heritage (Pearson r = –.02, p = .86).
Discussion The clinical expression ‘hypervigilance’ does not adequately describe the physical terror and despair we witnessed in many of these women. Violence seemed to be in the very air they breathed. Our findings document this extreme level of sexual violence. One woman told us that she was continu- ally raped in prostitution, explaining ‘what rape is to others, is normal to us.’ Another woman, aged 36, described a rape as the ‘defining experience’ of her life. At age 16 she was raped at knifepoint after which the rapist gave her a gold chain in effect paying her for the rape and defining her as a prostitute.
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Most of our respondents had been physically assaulted (90%) or raped (78%) in prostitution. A fear of men was pervasive. One woman told us that being hit and bruised were ‘just your common aggressiveness from men.’ In a separate study of Vancouver prostitution, 68% of women had been recently raped, 72% had been kidnapped, and 89% had had customers refuse condoms in the previous year (Cunningham & Christen- son, 2001). For many of our interviewees, accommodation to violence began in childhood. Most women in this study (82%) reported sexual abuse as children, usually with multiple perpetrators. Currie (1994) found a comparable prevalence of childhood sexual abuse (73%) among 600 women prostituting in Vancouver. Benoit and Millar (2001) noted a 55% incidence of childhood sexual abuse among 201 women prostituting in Victoria, BC. A Toronto study noted that many women who were prosti- tuting cited ‘persistent abuse’ as precipitating their drug use (Butters & Erickson, 2003). Cler-Cunningham and Christenson (2001) reported that 85% of 183 women in Vancouver prostitution had been verbally or physically harassed more than once in the past year. The verbal abuse in prostitution is socially invisible just as other sexual harassment in prostitution is normalized and invisible. Yet it is pervasive: 88% of our respondents described verbal abuse as intrinsic to prostitution. Customers’ verbal assaults in all types of prosti- tution are likely to cause acute and long-term psychological symptoms. A woman in another study explained this: ‘It is internally damaging. You become in your own mind what these people do and say with you. You wonder how could you let yourself do this and why do these people want to do this to you?’ (Farley, 2003b). The verbal abuse against prostituted women is reflected in the names that all women are called by violent men during sexual assaults. The epithets seem intended ‘to humiliate, to eroti- cize, and to satisfy an urge for self-justification.’ (Baldwin, 1992, p. 60). The 72% incidence of current PTSD in these women in prostitution is among the highest reported in populations where PTSD has been studied, including battered women, combat veterans, childhood trauma survivors, rape survivors, and torture survivors (Bownes, O’Gorman, & Sayers, 1991; Farley et al., 1998; Feeney, Zoellner, & Foa, 2000; Houskamp & Foy, 1991; Kemp, Rawlings, & Green, 1991; Ramsay, Gorst-Unsworth, & Turner, 1993; Weathers et al., 1993). Rates of PTSD among these prostituted women from Canada did not differ significantly from prostituted women in other countries including South Africa, Thailand, Turkey, the USA and Zambia (F(5,575) = .95, p =.45).The mean PCL score (56) ofthese prostituted women was in the same range (51–56) as that of people in prostitution in South Africa, Thailand, Turkey, the USA and Zambia (Farley et al., 1998) and similar to the mean PTSD score (51) of treatment-seeking Vietnam
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veterans (Weathers et al., 1993) and much higher than means in studies of Persian Gulf War veterans (35, Weathers et al., 1993), and women HMO members with and without childhood physical and sexual abuse (24–37, Farley & Patsalides, 2001). When we compared European-Canadian women with First Nations women we did not find differences in PTSD. The pervasiveness and severity of trauma exposure experienced by these women in prostitution may have obscured differences in PTSD that would otherwise be expected on the basis of race/ethnicity. Our findings are consistent with two studies that failed to find race differences in PTSD symptoms among combat veterans (Beals et al., 2002; Monnier, Elhai, Frueh, Sauvageot, & Magruder, 2002). In these studies, combat (like prostitution) was the overwhelmingly traumatic event that mitigated differences in PTSD based on race. Our respondents appeared to be in a state of almost constant revictim- ization. The assaults against these women in prostitution were part of a lifetime surround of exploitation and abuse. Because of this pervasive violence we cannot separate the effects of childhood and adult violence on current PTSD symptoms. It is likely that experiences of violence over the course of one’s lifetime have a cumulative effect on PTSD symptoms (Follette, Polusny, Bechtle, & Naugle, 1996). Other research found that a history of sexual assaults is a common precursor to prostitution. West, Williams, and Siegel (2000) found that women were most likely to prosti- tute if they had experienced both sexual abuse as children and were later revictimized by rape as adults. One young woman told Silbert and Pines (1982, p. 488), ‘I started turning tricks to show my father what he made me.’ Dworkin (1997, p. 143) described incest as ‘boot camp’ for prosti- tution. Fifty-two percent of our respondents were First Nations women, a lower percentage than the 70% of First Nations women in street prostitution in another Vancouver study (Currie, 1994, reported in Federal/Provincial Territorial Working Group, 1998). In population census estimates, 7% of Vancouver’s people are First Nations (Vancouver/Richmond Health Board, 1999). The overrepresentation of First Nations women in prostitution, and prostitution’s prevalence in an area of Vancouver with a high proportion of First Nations residents reflects not only their poverty, but also their marginalized and devalued status as Canadians. Others report similar findings. For example 15% of women in escort prostitution in Victoria, BC were First Nations although the First Nations population of Victoria has been estimated at 2% (Benoit & Millar, 2001 p. 18). In New Zealand, Plumridge and Abel (2001) observed that 7% of the Christchurch population were Maori women but 19% of those in Christchurch prostitution were Maori women. Maori in prostitution were significantly more likely than European-ancestry New Zealanders to have
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experienced homelessness and to have entered prostitution as children (Farley, 2003a). As we did in Vancouver, New Zealand researchers sampled from the poorest community in Auckland and reported that twice as many Maori there were in prostitution (40%) compared with their represen- tation in northern New Zealand generally (21%) (Saphira & Herbert, 2003). In the early 1990s, Atayal and other Aboriginal girls comprised 70% of those in Taiwanese debt-bondage prostitution although they were only 1.8% of the total population (Hwang & Bedford, 2003). The researchers noted that pathways into prostitution for Aboriginal Taiwanese adoles- cents were similar to those pathways elsewhere: globalization of the economy, social and cultural disruption, race/ethnic discrimination, and extremely high levels of family violence. For women, prostitution is intimately associated with poverty. Its First Nations residents refer to Vancouver’s Downtown Eastside, one of the poorest areas in North America, as the ‘urban reserve.’ Colonization left many First Nations people in extreme poverty that has endured for gener- ations (LaFramboise, Choney, James, & Running Wolf, 1995). Eighty-six percent of our respondents were currently or previously homeless. First Nations youth who leave their home communities for urban areas are particularly vulnerable to sexual exploitation in that they are both homeless and in an unfamiliar cultural environment (Federal/Provincial Working Group, 1998). Although we do not yet have data to confirm this, we suspect that First Nations women are more likely to be overrepresented in the poorest types of prostitution – street and massage – than in strip club, phone sex, and Internet prostitution. The first author observed that in Mexico City, Mayan women were often sold in prostitution for the lowest price and were made available for more violent sex acts, such as anal rapes, that other women refused to perform. Analyzing the effects of racism is central to an understanding of prosti- tution. Racism has a profound effect on health (Williams, Lavizzo-Mourey, & Warren, 1994; Turner & Kramer, 1995). For example a U.S. report located more than 175 studies documenting race/ethnic disparities in diagnosis and treatment of medical conditions (Institute of Medicine, 2002). Reflecting poverty, malnutrition, chronic stress and inadequate health care, premature aging is commonplace in the Downtown Eastside where one neighborhood center categorizes anyone over age 40 as a senior. The vulnerabilities of race, class and gender have been recognized as multi- plicative risk factors for HIV (Osmond et al., 1993), and we think that they are also multiplicative risk factors for prostitution. In Canada, the triple force of race, class and sex discrimination disparately impacts First Nations women. Prostitution of Aboriginal women occurs globally in epidemic numbers with indigenous women at the bottom of a racialized sexual hier- archy in prostitution itself. This phenomenon has been observed by others
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(Grant, Grabosky, & David, 1999; Ministry of Foreign Affairs and Trade, 2001; UNICEF, 2004). For many, the experience of prostitution stems from the historical trauma of colonization. Imposing a sexist and racist regime on First Nations women, colonization simultaneously elevated male power within the colonized community (Fiske, 1995). Today, many First Nations women are dominated by a ‘newly evolved state of traditional governance’ that replaced more egalitarian systems (Brunen, 2000). The cultural destruc- tion of positive roles for First Nations men and their subsequent identifi- cation with supremacist attitudes have had disastrous consequences for First Nations women, with astronomical rates of incest, rape and husband violence. Freire (1994) described the colonial destruction of positive roles for men as resulting in ‘adhesion to the oppressor’ (p. 27). Dworkin also discussed the harm inflicted on women by colonized men: The stigma of the prostitute allows the violent, the angry, the socially and politically impoverished male to nurse a grudge against all women, includ- ing prostituted women; this is aggressive bias, made rawer and more danger- ous by the need to counter one’s own presumed inferiority. (Dworkin, 2000, p. 325) Sexual violence and other family violence are major social problems in First Nations communities. A Dene woman described communities in which the entire female population had been sexually assaulted by men. She had been threatened with further violence if she spoke out against this (Lynne, 1998, p. 43). Consistent with others’ reports, First Nations women in our study were significantly more likely than non-First Nations to report childhood physical and sexual abuse. There is an urgent need for further exploration of these connections between gender, race/ethnicity, and class in prostitution not only in Canada but elsewhere (Bourgeault, 1989). Prostitution is one specific legacy of colonization although it is infrequently analyzed as such (Lynne, 1998; Scully, 2001). A perspective that understands prostitution to be colonization of First Nations women by both First Nations and non-First Nations men may be helpful in addressing the problem. The RCAP report suggested that a general health strategy for First Nations should involve equitable access to health services, holistic approaches to treatment, Aboriginal control of services, and diverse approaches that respond to cultural priorities and community needs (RCAP,1996). These four strategies are applicable to the healing of women escaping prostitution. Models for healing of First Nations women in prostitution would include a decolonizing perspective that analyzes historical trauma, violent crimes, family violence, child abuse and neglect,
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discrimination, unresolved grief and mourning. Cultural moderators of these traumatic experiences that would promote healing include family/community support, traditional spiritual practices and medicine, and a positive indigenous identity (Walters, Simoni, & Evans-Campbell, 2002). A study of the needs of Vancouver prostituted women underscores these recommendations (Benoit, Carroll, & Chaudhry, 2002). A Toronto study of 30 prostituting women emphasized their need for mental health services, including drop-in crisis centers open at night as well as hotlines staffed by peers (Butters & Erickson, 2003). Access to alternative employ- ment that would generate sustainable income is necessary in order to remove the economic motivation for prostitution. In our opinion, western medical treatment of PTSD is best combined with traditional healing for First Nations women who want to escape prostitution. The Peguis First Nation community in Manitoba found that a combination of traditional and western healing approaches was especially effective for those who suffer from emotional problems, includ- ing those related to alcohol and drug abuse, violence and suicide (Cohen, cited in RCAP, 1996). Women in prostitution self-medicate for depression and PTSD with drugs and alcohol.6 An urgent need for treatment of drug and alcohol addiction was voiced by 82% of those we interviewed. An approach that simultaneously treats substance abuse and PTSD has proven more effec- tive than treatment that only treats substance abuse and fails to address PTSD (Epstein, Saunders, Kilpatrick, & Resnick, 1998; Najavits, Weiss, Shaw, & Muenz, 1998; Ouimette, Kimerling, Shaw, & Moos, 2000). Women in prostitution who are dealing with addictions are not likely to benefit from treatment in mixed-gender groups. It is unsafe for them to discuss prostitution in the traditional 12-step setting, because men regularly proposition them as soon as the women are known to have prostituted. Furthermore, confidentiality is a concern in communities where everyone is either related or knows one another (Rees, 2001). Any intervention for those in prostitution must first acknowledge prosti- tution as a form of violence. As with battered women, physical safety is a critical concern. In order to address the harm of prostitution it is necessary to use education, prevention and intervention strategies similar to those dedicated to other forms of gender-based abuse such as rape and intimate partner violence. This understanding of prostitution as violence against women must then become a part of public policy and it must be struc- turally implemented in public health care, mental health services, homeless shelters, rape crisis centers and battered women’s shelters (Stark & Hodgson, 2003). The healthcare provider must become not only culturally competent regarding differences between nations in culture and language but also acquainted with community services and anti-violence resources
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(Polacca, 2003). In the United States there is the additional complexity of jurisdictional confusion. Tribal courts may lack the means and the will for strong prosecution of perpetrators of violence. Tribal jurisdiction some- times conflicts with federal law enforcement, and perpetrators may be aware that there are minimal consequences for violence against women (National Sexual Violence Resource Center, 2000; Polacca, 2003). Caution is warranted in interpreting these results because we ran multiple post-hoc analyses on this data, which has not been statistically corrected for the increased probability of finding significant results when multiple analyses are performed. Nonetheless, we are confident that the trends we have described are accurate and that they warrant further investigation. Because of the ongoing trauma of prostitution and homelessness it is likely that some of these women minimized childhood violence. To review a history of trauma while in the midst of ongoing abuse was likely to have been too painful for some. Some of these women did not categorize juvenile prostitution as childhood sexual abuse.7 Others minimized violence they had experienced by comparing it with that suffered by friends. One woman told us that since she had no broken bones and had not been assaulted with a weapon, therefore her rape and strangulation by a john did not count as much. Thus we assume that the reporting of trauma history among our respondents is conservative and that the actual prevalence of traumatic events, health symptoms, and PTSD symptoms is likely to be higher than reported here. Some women we interviewed were obviously intoxicated. This does not decrease our confidence in the accuracy of these results. Along with others we have noted that addicts report life events with as much accuracy as non-addicts do (Bonito, Nurco, & Shaffer, 1976). No study of prostitution can claim a representative or random sample, given the illegality of prostitution in most locations. ‘There is quite simply no such thing as a representative sample of women selling sex’ (McKeganey & Barnard, 1996). We interviewed those people to whom we had access. In most cases we and other researchers have access only to people prostitut- ing on the street. That said, we made every attempt to contact any woman known to be prostituting, indoors or outdoors. We did this by asking women to tell friends who were prostituting elsewhere (e.g. in other areas or from their homes or clubs) that we would return to a certain location at a specific time the next day. Interviewees often reported involvement in prostitution across multiple locations, for example, strip club, escort and massage parlors as well as street prostitution.8 As shown in these findings, prostitution is a sexually exploitive often- violent economic option most often entered into by those with a lengthy history of sexual, racial and economic victimization. Prostitution is only
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now beginning to be understood as violence against women and children. It has rarely been included in discussions of sexual violence against First Nations.9 It is crucial to understand the sexual exploitation of First Nations women in prostitution today in a historical context of colonial violence against nations (Frideres, 1993; Ryser, 1995; Waldram, 1997). Today, the continued displacement of women who are poor, rural and indigenous may be understood as trafficking in which women are moved from the reserve to the city for the purpose of prostitution (Lynne, 1998). Just as wife beating was historically viewed as having been provoked by the victim, prostitution is still viewed by some as a job choice to which the victim ‘consents.’ Ninety-five percent of our interviewees said that they wanted to escape prostitution, while also telling us that they did not feel that they had other options for survival. Another report found that 90% of women in prostitution wanted to leave prostitution but could not (Elizabeth Fry Society of Toronto, 1987). Social scientists have begun to address the harms of incest, rape and family violence. We hope to see more research that examines prostitution as part of the surround of violence against women, specifically including First Nations women. We also hope to see investigations of interventions that promote healing from prosti- tution.
Acknowledgements Thanks to Rudolph Ryser, PhD, Center for World Indigenous Studies, Olympia, Washington, for invaluable information about colonization and geopolitics.
Notes 1. In phone sex, a person verbally provides explicit sex talk for pay for a customer who typically masturbates during the call. It can include what in other settings would be verbal sexual harassment, as well as sexist and racist epithets and other verbal abuse. Commonly, women who engage in phone sex, like women in strip clubs, also prostitute in other ways. 2. British Colombia surveys found the average age of entry into prostitution to be 14–15.5 years, and a Vancouver survey found average age of entry into prostitution to be 16.3 for girls and 15.6 for boys (Lowman & Fraser, 1989). 3. Aboriginal and First Nations, are words used to refer to indigenous peoples of Canada. No doubt some will disagree with our choice of terms. We are not using terminology that refers to a person’s legal status. Instead, we are attempting to use respectful words as spoken by both insiders and outsiders in the Downtown Eastside community of Vancouver. When an author in a cited work uses the term Aboriginal, we use the word Aboriginal in connec- tion with their work. However, we prefer not to use the term Aboriginal because the Oxford Dictionary currently lists a second descriptor for the word
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Aboriginal as ‘primitive.’ We use the term First Nations interchangeably with Aboriginal throughout the article, as Brunen does in her 2000 article on the marginalization of Aboriginal women with addictions in the Canadian healthcare system. 4. Similar health consequences of colonialism on indigenous people are seen in health data from the United States. American Indians and Alaska Natives have the second highest infant mortality rate in USA, and the suicide rate of American Indians is 50% higher than the national rate (U.S. Dept of Health and Human Services, 2001, p. 82; U.S. Dept of Health and Human Services, 2001a, p. 17). 5. Other descriptions of violence included: [I have a] long history of physical abuse. I was beaten by my mother’s boyfriend, ran away from home to a pimp who beat me, I left him for a man who beat me up, and so on.... A 13-year-old told us she had: ‘disalignment in my neck, cuts, and scratches, bruises caused by bad dates. Also deafness.’ A stalker hit me with his car on purpose. Date tried to assault me with steel-toed boots because I wouldn’t do something he wanted. A bad date hit my head on a wall. I was beaten with stones by a couple of women. [A pimp] locked me in a room and beat me 30 times with baseball bat. My boyfriend pushed me downstairs and broke my arm, [I’ve had] multiple beatings by various boyfriends, broken kneecaps, broken limbs. I’m scared of men. Two years ago, I was beat and raped for 45 minutes. 6. Wayne Christian, Director of the First Nations Round Lake Treatment Centre in Armstrong noted that most of his clients have used drugs and alcohol to ‘deaden’ the pain of emotional and physical trauma. ‘Up to 95% of clients at Round Lake reported a history of some kind of trauma, personal trauma, whether it was residential school, sexual abuse, physical violence, abandon- ment – those types of issues . . .’ (Rees, 2001). 7. One woman at first answered ‘no’ to the question, ‘before you were 18 years old, did you experience any unwanted sexual touching or any sexual contact between you and a grown up?’ Then she thought about it briefly and asked (without interviewer prompt): ‘does this question mean for when I was prostituting underage?’ After the interviewer said yes, the young woman said ‘every time a john touches me, it’s unwanted.’ She started prostituting at age 12. 8. Although there is a common misconception that street prostitution is the most harmful type of prostitution, there is no research evidence for this. In
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fact, women have told us that they felt safer in street prostitution compared with legal brothels or massage parlors where they were not permitted to reject customers for any reason. Others commented that on the street they could refuse dangerous-appearing or intoxicated customers. Some told us that they considered it a deterrent to violence when a friend made a show of writing down the john’s car license plate number. Raphael and Shapiro (2002) noted that women in Chicago reported the same frequency of rape in escort and in street prostitution. Although more physical violence was reported in street compared with brothel prostitution in South Africa – there was no difference in the incidence of PTSD in these two types of prostitution, suggesting that the experience of prostitution is intrinsically traumatizing (Farley et al., 1998). A Canadian study comparing strip club and street prostitution found that women prostituting in strip clubs had significantly higher rates of disso- ciative and other psychiatric symptoms than those in street prostitution (Ross, Anderson, Heber, & Norton, 1990). Strip club/massage, brothel and street prostitution were compared in Mexico. There were no differences in the incidence of physical assault and rape in prostitution, childhood sexual abuse or symptoms of PTSD, and no differences in the percentages of women in brothel, street, or strip club/massage prostitution who wanted to escape prostitution (Farley et al., 2003). We have begun inquiry about different locations where prostitution occurs. A checklist rather than open-ended questions about location of prostitution is recommended. In a 2003 study, Farley used the following list of categories of prostitution, asking each participant regardless of the location of the current interview, to check off each kind of prostitution she had previ- ously been in. Types of prostitution included: escort, massage, phone sex, street, Internet, brothel, prostitution as a child under age 18, strip club, bar, table dance club, peep show, prostitution associated with a military base, trafficked (moved) from another country to New Zealand for prostitution, trafficked (moved) from one part of New Zealand to another for prostitution, and other. Kramer (2003) found a range of street, escort and strip club prosti- tution experiences among interviewees in southwestern USA. Across these three types of prostitution, 90% of Kramer’s respondents described the experience of prostitution as negative or traumatic. We suggest that any study of prostitution report the length of time in prostitution and the number of customers seen by respondents. These factors, more than the physical location of the prostitution, are correlated with harm (Parriott, 1994; Vanwesenbeeck, 1994). 9. Not only has there been a lack of attention to prostitution as a form of violence against First Nations women, but the RCAP report has been generally criticized for its failure to take into account the viewpoint of Abor- iginal women (Frideres, 1996). Frideres in the same article also comments that two-thirds of the presenters at the RCAP hearings were male (Note 18, p. 264).
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McKeganey, N., & Barnard, M. (1996). Sex work on the streets: Prostitutes and their clients. Buckingham, Scotland: Milton Keynes Open University Press. Miller, J. (1995). Rape myths and violence against street prostitutes. Deviant Behavior, 16, 1–23. Ministry of Foreign Affairs and Trade. (2001). An address to United Nations. Wellington, New Zealand: MFAT. Mollica, R. F., Wyshak, G., Lavelle, J., Truong, T., Tor, S., & Yang, T. (1990). Assessing symptom change in Southeast Asia refugee survivors of mass violence and torture.American Journal ofPsychiatry, 147, 83–88. Monnier, J., Elhai, D., Frueh, B. C., Sauvageot, J. A., & Magruder, K. M. (2002). Replication and expansion of findings related to racial differences in veterans with combat-related PTSD. Depression and Anxiety, 16(2), 64–70. Nadon, S. M., Koverola, C., & Schludermann, E. H. (1998). Antecedents to prosti- tution: Childhood victimization. Journal of Interpersonal Violence, 13,206–221. Nahanee, T. (1993). Dancing with a gorilla: Aboriginal women, justice and the charter. In Aboriginal peoples and the justice system: Report of the National Round Table on Aboriginal Justice Issues, Royal Commission on Aboriginal Peoples (pp. 360–361). Ottawa, ON: Minister of Supply and Services. Najavits, L. M., Weiss, R. D., Shaw, S. R., & Muenz, L. R. (1998). ‘Seeking safety’: Outcome of a new cognitive-behavioral psychotherapy for women with post- traumatic stress disorder and substance dependence. Journal of Traumatic Stress, 11, 437–456. National Sexual Violence Resource Center. (2000). Sexual assault in Indian country: Confronting sexual violence.Available [accessed 7 June 2001]: www.nsvrc.org. Ouimette, P. C., Kimerling, R., Shaw, J., & Moos, R. H. (2000). Physical and sexual abuse among women and men with substance use disorders. Alcoholism Treatment Quarterly, 18(3), 7–17. Old Dog Cross, P. (1982). Sexual abuse: A new threat to the Native American woman: An overview. Listening Post, 6(2), 18. Osmond, M. W., Wambach, K. G., Harrison, D. E., Byers, J., Levin, P., Imershein, A., et al. (1993). The multiple jeopardy of race, class and gender for AIDS risk among women. Gender and Society, 7(1), 99–120. Parriott R. (1994). Health experiences of Twin Cities women used in prostitution. Unpublished survey initiated by WHISPER, Minneapolis. Pheterson, G. (1996). The prostitution prism.Amsterdam:Amsterdam University Press. Plumridge, L., & Abel, G. (2001). A ‘segmented’ sex industry in New Zealand: Sexual and personal safety of female sex workers. Australian and New Zealand Journal of Public Health, 25, 78–83. Polacca, M. (2003). Domestic violence in an American Indian tribe. In J. M. Leibschutz, S. M. Frayne, & G. N. Saxe (Eds,), Violence against women: A physician’s guide to identification and management (pp. 274–282). Philadel- phia: American College of Physicians. Population Reference Bureau. (2000). 2000 United States population data. Washington, DC: Population Reference Bureau.
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Potterat, J. J., Brewer, D. D., Muth, S. Q., Rothenberg, R. B., Woodhouse, D. E., Muth, J. B. et al. (2004). Mortality in a long-term open cohort of prostitute women. American Journal of Epidemiology, 159, 778–785. Radomsky, N. A. (1995). Lost voices: Women, chronic pain, and abuse. New York: Harrington Park Press. Ramsay, R., Gorst-Unsworth, C., & Turner, S. (1993). Psychiatric morbidity in survivors of organised state violence including torture: A retrospective series. British Journal of Psychiatry, 162, 55–59. Raphael, J., & Shapiro, D. L. (2002). Sisters speak out: The lives and needs of prosti- tuted women in Chicago.Chicago:Center for Impact Research. Rees, A. (2001). Sedating poverty. The Province. Available [accessed 31 December 2001]: http://www.canada.com/vancouver/news/story.asp. Robin, R. W., Chester, B., & Goldman, D. (1996). Cumulative trauma and PTSD in American Indian communities. In A. J. Marsella, M. J. Friedman, E. T. Gerrity, & R. M. Scurfield (Eds.), Ethnocultural aspects of posttraumatic stress disorder: Issues, research, and clinical applications (pp. 239–253). Washington, DC: American Psychological Association. Root, M. P.P.(1996). Women of color and traumatic stress in ‘domestic captivity:’ Gender and race as disempowering statuses. In A. J. Marsella, M. J. Friedman, E. T. Gerrity, & R. M. Scurfield (Eds.), Ethnocultural aspects of posttraumatic stress disorder: Issues, research, and clinical applications (pp. 363–387). Washington, DC: American Psychological Association. Ross, C. A., Anderson, G., Heber, S., & Norton, G. R. (1990). Dissociation and abuse among multiple personality patients, prostitutes, and exotic dancers. Hospital and Community Psychiatry, 41, 328–330. Ross, C., Farley, M., & Schwartz, H. (2003). Dissociation among women in prosti- tution. In M. Farley (Ed.), Prostitution, trafficking, and traumatic stress (pp. 199–212). Binghamton, NY: Haworth. Royal Commission on Aboriginal Peoples. (1996). Report of the Royal Commission on Aboriginal Peoples. Ottawa, ON: Minister of Supply and Services Canada. Ryser, R. (1995). Collapsing states and re-emerging nations: The rise of state terror, terrorism, and crime as politics. In R. C. Ryser & R. A. Griggs (Eds.), Fourth world geopolitical reader I: International relations and political geography between nations and states (pp. 1–8). Olympia, WA: DayKeeper Press. Saphira, M., & Herbert, A. (2003). The involvement of children in commercial sexual activity. Auckland: ECPAT. Save the Children Canada. (2000). Year one: 1999–2000 Out of the shadows and into the light: A project to address the commercial sexual exploitation of girls and boys in Canada first year end report.Vancouver,BC:Save the Children Canada. Scully, E. (2001). Pre-cold war traffic in sexual labor and its foes: Some contem- porary lessons. In D. Kyle & R. Koslowski (Eds.), Global human smuggling: Comparative perspectives (pp. 74–106). Baltimore: Johns Hopkins University Press. Silbert, M. H., & Pines, A. M. (1981). Sexual child abuse as an antecedent to prostitution. Child Abuse & Neglect, 5, 407–411.
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Silbert, M. H., & Pines, A. M. (1982). Entrance into prostitution. Youth and Society, 13, 471–500. Silbert, M. H., & Pines, A. M. (1983). Early sexual exploitation as an influence in prostitution. Social Work, 28, 285–289. Silbert, M. H., Pines, A. M., & Lynch, T. (1982). Sexual assault of prostitutes. San Francisco: National Center for the Prevention and Control of Rape, National Institute of Mental Health, Delancey Street Foundation. Southwick, S., Yehuda, R., & Morgan, C. (1995). Clinical studies of neurotrans- mitter alterations in post-traumatic stress disorder. In J. Friedman, D. Charney, & A. Deutch (Eds.), Neurobiological and clinical consequences of stress: From normal adaptation to posttraumatic stress disorder (pp. 335–349). Philadelphia: Lippincott-Raven. Special Committee on Pornography and Prostitution. (1985).2 Pornography and Prostitution in Canada,p. 350. Stark, C., & Hodgson, C. (2003). Sister oppressions: A comparison of wife battering and prostitution. In M. Farley (Ed.), Prostitution, trafficking and traumatic stress (pp. 17–32). Binghamton, NY: Haworth. Turner, C. B., & Kramer, B. M. (1995). Connections between racism and mental health. In C. V. Willie, P. P. Rieker, B. M. Kramer, & B. S. Brown (Eds.) Mental health, racism, and sexism (pp. 3–25). Pittsburgh, PA: University of Pittsburgh Press. UNICEF. (2004). Indigenous children face greater threats to survival. Available [accessed 25 February 2004]: http://www.unicef.org/media/media_19429.html U.S. Department of Health and Human Services. (2001a). Mental health: Culture, race, and ethnicity: A supplement to mental health: A report of the Surgeon General: Executive summary. Rockville, MD: U.S. Department of Health and Human Services, Public Health Service, Office of the Surgeon General. Vancouver/Richmond Health Board. (1999). Healing ways Aboriginal health and service review. Vancouver, BC: Vancouver Richmond Health Board. Vanwesenbeeck I. (1994). Prostitutes’ well-being and risk. Amsterdam: VU University Press. Waldram, J. B. (1997). The Aboriginal peoples of Canada: Colonialism and mental health. In I. Al-Issa & M. Tousignant (Eds.), Ethnicity, immigration, and psychopathology (pp. 169–187). New York: Plenum Press. Waldram, J. B., Herring, D.A., & Young, T. K. (2000). Aboriginal health in Canada: Historical, cultural, and epidemiological perspectives.Toronto,ON:University of Toronto Press. Walters, K. L., Simoni, J. M., & Evans-Campbell, T. (2002). Substance use among American Indians and Alaska Natives: Incorporating culture in an ‘indigenist’ stress-coping paradigm. Public Health Reports, 117(S1), S104–S117. Weathers, F. W., Litz, B. T., Herman, D. S., Huska, J. A., & Keane, T. M. (1993). The PTSD Checklist (PCL): Reliability, validity, and diagnostic utility. Paper presented at the 9th annual meeting of the International Society for Traumatic Stress Studies, San Antonio Texas, October. Weisberg, D. K. (1985). Children of the night: A study of adolescent prostitution. Lexington: Lexington Books.
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West, C. M., Williams, L. M., & Siegel, J. A. (2000). Adult sexual revictimization among Black women sexually abused in childhood: A prospective examin- ation of serious consequences of abuse. Child Maltreatment, 5(1), 49–57. Williams, D. R., Lavizzo-Mourey, R., & Warren, R. C. (1994). The concept of race and health status in America. Public Health Reports, 109(1), 26–41. Youth Delegates of Out of the Shadows: International Summit of Sexually Exploited Youth. (1998). Declaration and agenda for action of sexually exploited children and youth,12–17 March,1998.Victoria,British Columbia.
MELISSA FARLEY,PhD completed the edited volume Prostitution, Trafficking, and Traumatic Stress in 2003. She is a clinical and research psychologist whose research on prostitution has been used by states’ governments, advocates and organizations providing services to prostituted and trafficked women. Address:Prostitution Research and Education, P.O. Box 16254, San Francisco CA 94116–0254, USA. [E-mail: [email protected]]
JACQUELINE LYNNE, MSW is a social worker in the field of addictions.
ANN COTTON,PsyD is a clinical psychologist at the Addiction Treatment Center, VA Puget Sound Health Care System, Seattle, Washington. She is also acting instructor for the Department of Psychiatry and Behavioral Sciences, University of Washington School of Medicine.
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DECRIMINALIZED PROSTITUTION: IMPUNITY FOR VIOLENCE AND EXPLOITATION
Melanie Shapiro, Esq.* and Donna M. Hughes, Ph.D.**
INTRODUCTION From 1980 to 2009, prostitution in Rhode Island was decriminalized.1 Prostitution was not prohibited or regulated by law if it was performed indoors.2 The lack of laws or regulations created a unique and permissive legal, economic, and cultural environment for the growth of sex businesses.3 Although a few counties in Nevada have legalized prostitution,4 no other state or county has decriminalized prostitution in recent decades.5 During the twenty- nine year period from 1980 to 2009, sexual exploitation and violence against women and girls were integrated into the economic development of Rhode Island’s urban areas.6 The growth of sex
* Melanie Shapiro is an immigration attorney based in Dedham, Massachusetts. She is licensed to practice in Massachusetts, the First Circuit Court of Appeals, the District Court for the Federal District of Massachusetts, and the Board of Immigration Appeals. She is the co-founder of Citizens Against Trafficking. Shapiro received her Juris Doctorate from Roger Williams University School of Law, where she was a Public Interest Scholar. Email: [email protected]. ** Donna M. Hughes holds the Eleanor M. and Oscar M. Carlson Endowed Chair in Women’s Studies. She is a Professor in Gender and Women’s Studies with an Affiliation with Sociology and Anthropology (Criminology and Criminal Justice) at the University of Rhode Island. Email: [email protected]. This Article is dedicated to Representative Joanne Giannini, without whose leadership and perseverance, Rhode Island would not have the laws needed to end the violence and sexual exploitation described in this Article. The authors of this Article thank Colonel Stephen M. McCartney, Chief of Warwick Police, for giving the authors access to police records relating to Philip Markoff’s assault and robbery attempt in 2009. 1. Edward Achorn, New Landscape of the Sex Biz, PROVIDENCE J., Dec. 22, 2009, at B7. 2. Id. 3. See W. Zachary Malinowski, The Sex Business in Providence: “Why Here,” PROVIDENCE J., Apr. 21, 2002, at A1. 4. Michael Martinez, What to Know About Nevada’s Legal Brothels, CNN (Oct. 19, 2016, 6:50 AM), http://www.cnn.com/2015/10/14/us/lamar-odom -nevada-brothels/. 5. See id. 6. Donna M. Hughes, Top U.S. Official on Trafficking Says Lack of Prostitution Law Creates a “Zone of Impunity” for Traffickers, DIGITALCOMMONS@URI 1 (Aug. 14, 2009), https://works.bepress.com/donna _hughes/56/.
533
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534 WAKE FOREST LAW REVIEW [Vol. 52 businesses led to the capital city of Providence being called the “red light district” of New England.7 The lack of laws controlling prostitution impeded police from investigating and stopping serious crimes and prevented officials from arresting pimps, traffickers, and sex buyers.8 According to Luis CdeBaca, former Ambassador at Large to Combat Human Trafficking and Director of the Office to Monitor and Combat Trafficking in Persons in the U.S. State Department, decriminalized prostitution created a “zone of impunity in which police [could not] go, and where traffickers [could] exploit their prey.”9 This Article describes the growth of sex businesses in Rhode Island from 1980 to 2009 and the harmful activities—particularly violence against women, sexual exploitation, and slavery—that were endemic to it. It describes how individual criminals, organized crime groups, and mainstream business people, such as landlords and lawyers, exploited women and girls for profit and pleasure. For over a decade, from 1998 to 2009, the violent nature of these businesses became increasingly known to law enforcement, other government officials, and the public.10 With increased awareness, momentum grew for legal reform to prohibit prostitution, sex trafficking, and the employment of underage teens in sex businesses.11 In 2009, the Rhode Island General Assembly passed three unprecedented laws to end these practices.12 This Article on decriminalized prostitution is important for contemporary debate. Around the world, there are both small groups and large agencies, such as UN Women13 and Amnesty International, that advocate for the decriminalization of prostitution.14 One such group is suing the state of California to decriminalize prostitution using the same legal argument and strategy that created decriminalized prostitution in Rhode Island in 1980.15 The authors of this Article believe the findings reported
7. W. Zachary Malinowski, Sex Industry Expands at Startling Pace, PROVIDENCE J., Apr. 23, 2002, at A1. 8. Hughes, supra note 6, at 1. 9. Id. 10. See infra Subparts I.C–I.D. 11. See infra Subpart I.G. 12. 11 R.I. GEN. LAWS §§ 11-34.1-1 to -14, 11-67-1 to -18 (2009); 28 R.I. GEN. LAWS § 28-3-9.1 (2009); 2009 R.I. Pub. Laws 185 (repealing provisions that decriminalized prostitution). 13. UN Women, Note on Sex Work, Sexual Exploitation, and Trafficking, NSWP (Oct. 9, 2013), http://www.nswp.org/sites/nswp.org/files/UN%20Women %27s%20note%20on%20sex%20work%20sexual%20exploitation%20and %20trafficking.pdf. 14. Darren Geist, Amnesty International’s Empty Promises: Decriminalization, Prostituted Women, and Sex Trafficking, 1 DIGNITY: J. ON SEXUAL EXPLOITATION & VIOLENCE 1, 1 (2016). 15. Brief for Plaintiffs-Appellants at 13–14, Erotic Serv. Provider Legal, Educ. & Res. Project v. Gascón, No. 16-15927 (9th Cir. Sept. 30, 2016).
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2017] DECRIMINALIZED PROSTITUTION 535 herein on Rhode Island’s twenty-nine year experience with decriminalization are an important contribution to the debate.
Methods This Article is a descriptive case study—its historical analysis of three decades of decriminalized prostitution is based on court records, police records, interviews, and media reports on crimes and other activities in Rhode Island’s sex businesses. Information was collected about spa-brothels from print and online advertisements, publicly available corporate records from the Office of the Secretary of State, and municipal tax assessment records. Shapiro conducted extensive research on the brothels and developed a database to analyze patterns of activities. During the twenty-nine-year history of decriminalization, there were no empirical studies of prostitution or the sex businesses. The most comprehensive and analytical stories on the subject were written by local investigative reporters for the Providence Journal, the largest newspaper in Rhode Island.16 This case study includes exhaustive research into local newspaper stories on prostitution- related reporting. There is no other comparable legal model of complete decriminalization of indoor prostitution in contemporary western countries. Therefore, this Article only focuses on the decriminalization of indoor prostitution in Rhode Island.
I. DECRIMINALIZATION OF INDOOR PROSTITUTION In Rhode Island, from 1980 until 2009, engaging in prostitution in an indoor location was decriminalized and unregulated.17 This unusual legal status resulted from two converging actions in the 1970s. In the late 1970s, residents in some areas of Providence (the capital city of Rhode Island) were calling for the city to act on the problem of street prostitution.18 Residents complained about the harassment of female residents and the impact on their community.19 At the time, prostitution was a felony that resulted in complicated and drawn out prosecutions and appeals.20 While
16. See, e.g., Malinowski, supra note 7, at A1. 17. Achorn, supra note 1. 18. Matthew J. Smith, How I Advanced the Cause, PROVIDENCE J., June 20, 2009, at Commentary 6. 19. Michael A. Hiltzik, Prostitution Not a Victimless Crime in West End, PROVIDENCE J., Sept. 30, 1979. 20. The applicable statutory section at the time read as follows: It shall be unlawful for any person to secure, direct or transport, or offer to secure, direct or transport another for the purpose of prostitution, or for any other lewd or indecent act; or to loiter in or near any thoroughfare or public or private place for the purpose of
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536 WAKE FOREST LAW REVIEW [Vol. 52 awaiting trials, prostitutes returned to soliciting on the streets.21 A member of the West Broadway Council on Crime commented that the law was “as useful as a screen door in a submarine.”22 To more effectively curb street prostitution, law enforcement, judges, and residents advocated for the penalty to be reduced from a felony to a misdemeanor to streamline the judicial process.23 In 1976, Margo St. James, founder of COYOTE (“Call Off Your Old Tired Ethics”), a prostitutes’ rights organization, began a legal campaign to decriminalize prostitution.24 COYOTE, COYOTE Rhode Island, and Jane Doe (an anonymous prostitute) sued the Providence Police Chief and the Rhode Island Attorney General on behalf of all Rhode Island prostitutes.25 The plaintiffs claimed that the prostitution law was unconstitutional on a number of grounds but primarily based their claim on sex discrimination.26 Jane Doe testified on behalf of female prostitutes.27 She claimed they were discriminated against because the Providence Police arrested more women than men for prostitution violations.28 The arrest records showed that COYOTE’s claim that more women were being arrested than men was accurate.29 In May 1980, the Rhode Island General Assembly amended the state prostitution law.30 The publicly stated intent was to decrease the penalty for soliciting for prostitution from a felony to a misdemeanor in order to make the court process faster and easier.31
inducing, enticing, soliciting, or procuring another to commit lewdness, fornication, unlawful sexual intercourse or any other indecent act; or to commit or in any manner induce, entice, or solicit, or procure a person in any thoroughfare, or public or private place or conveyance to commit any such act; or to receive or offer or agree to receive any person into any place, structure, house, building, room, or conveyance for the purpose of committing any such acts, or knowingly permit any person to remain therein for any such purposes, or to, in any way, aid or abet or participate in any of the acts or things enumerated herein. Any person found guilty under this section, shall be subject to imprisonment in the adult correctional institutions not to exceed five (5) years. 11 R.I. GEN. LAWS § 11-34-5 (1956) (amended 1980 and repealed 2009). 21. Thomas E. Walsh, Smith Bill Would Speed Decisions on Prostitutes, PROVIDENCE J., Mar. 19, 1980, at B1. 22. Thomas E. Walsh, Legislators Get Message from West Enders and ‘Yea’ Bill to Change Prostitution Laws, PROVIDENCE J., Mar. 22, 1980, at A8. 23. Hiltzik, supra note 19. 24. See COYOTE v. Roberts, 502 F. Supp. 1342, 1344 (D.R.I. 1980). 25. Id. 26. Id. at 1344–45. 27. See Transcript at 14–46, COYOTE, 502 F. Supp. 1342. 28. See COYOTE, 502 F. Supp. at 1344–45. 29. Id. at 1352–53. 30. 11 R.I. GEN. LAWS § 11-34-8(a) (1980) (repealed 2009). 31. See Walsh, supra note 21, at B1.
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The resulting new law banned loitering for prostitution, which was defined as standing or wandering “in or near any public street,” or stopping or attempting “to stop motor vehicles, for the purpose of prostitution.”32 The new law made the offense—loitering for indecent purposes—a misdemeanor instead of a felony.33 In addition, apparently without the full awareness of many of the legislators, the same bill repealed the laws pertaining to soliciting or engaging in prostitution.34 In fact, the legislation removed all reference to soliciting to engage in prostitution, except for loitering along a street.35 This deletion effectively decriminalized prostitution as long as it was performed indoors. The new prostitution law legally separated indoor and outdoor prostitution: loitering for prostitution became known as “outdoor prostitution,” and prostitution off the street or inside a building became known as “indoor prostitution.”36 Following the revision of the prostitution law, if a commercial sex act took place indoors, no laws or regulations—including zoning regulations—applied to it. As a result, from 1980 to 2009, indoor commercial sex acts were legal and unregulated.
A. Growth of Prostitution in Rhode Island The lack of law criminalizing or regulating commercial sex acts allowed for the growth of sex businesses in Rhode Island. By 2002, Providence was known as “New England’s red-light district.”37 There were “strip clubs, gay bathhouses, an under-21 strip club, a private swinger’s club, massage parlors and sex video stores,” and a club for bondage and other fetishes.38 Commercial sex was a form of economic development for the city of Providence.39 An investigative reporter described it this way: “In recent years, the sex industry has exploded in [Providence], and a dreary industrial strip along Allens Avenue has become the most densely concentrated red-light district in New England.”40
32. 11 R.I. GEN. LAWS § 11-34-8(a). 33. Id. 34. COYOTE v. Roberts, 523 F. Supp. 352, 357–58 (D.R.I. 1981). 35. See 11 R.I. GEN. LAWS § 11-34-8; COYOTE v. Roberts, 502 F. Supp. 1342, 1348 (D.R.I. 1980) (noting the new legislation added the phrase “for pecuniary gain” to section 11-34-5 but seemed “to have decriminalized the sexual act [of prostitution] itself,” and thus it appeared “to the Court that § 11- 34-5 now outlaw[ed] only certain preliminary or preparatory activities . . . and then only when pecuniary gain [was] somehow involved”). 36. R.I. Looks to Close Prostitution Loophole, CBS NEWS (June 18, 2009, 1:37 PM), http://www.cbsnews.com/news/ri-looks-to-close-prostitution-loophole/. 37. See Malinowski, supra note 3, at A1. 38. Id. 39. Id. 40. Id.
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538 WAKE FOREST LAW REVIEW [Vol. 52
With the growth of sex businesses, Rhode Island cities, and particularly Providence, became sex tourist destinations.41 Although it is a small state, three interstate highways—Interstates 95, 195, and 295—run through Rhode Island.42 In 2002, a Providence Journal investigative report on the growth of the sex industry described a typical night at a local strip club named Cheaters:
Chartered buses pull up to the curb outside the gaudy pink building on Allens Avenue with the flashing police light on the roof. Hundreds of cars pack the lots and side streets. Next door, dozens of pedestrians, almost all men, venture into a windowless brick warehouse. The visitors, many from Massachusetts and Connecticut, are in pursuit of a common goal: sex.43 After it was decriminalized, indoor prostitution became well known. Rhode Island saw a proliferation of brothels that advertised as “spas,” or “health centers” and offered “acupressure,” “body work,” “table showers,” or “body rubs,” performed, for the most part, by Asian women.44 For example, some of these ads, found online or in the Providence Phoenix’s “Adult Entertainment” section, featured photos of scantily clad, young Asian women and suggestive phrases, such as “Top Class Orient Beauty,” “New Young Asian Girls,” “Have a tantalizing Asian woman will ease your stress” and “Hot Asian Girls.”45 A senior Providence Police officer from the Investigative Division commented on the number of men visiting the Asian spa- brothels, “[W]hen we sent a detective [to an Asian brothel] to go in and get propositioned, it’s eleven o’clock in the morning and he’s waiting in line. They’re packed at 11 am.”46 The prostitution industry became so normalized that on one occasion when Providence Police raided a Korean spa-brothel, they found an ATM inside that allowed men to get cash on site.47
41. Id. 42. Travel Information, R.I. DEP’T TRANSP., www.dot.ri.gov/travel/ (last visited Mar. 28, 2017). 43. Malinowski, supra note 3, at A1 (emphasis omitted). 44. See Amanda Milkovits, Crackdown Leads to Closing of Providence ‘Spas,’ PROVIDENCE J. (Feb. 28, 2015), http://www.providencejournal.com/article /20150228/NEWS/150229286. 45. Advertisements on file with authors. 46. Rebecca Johnson, Sex Trafficking and Prostitution in Rhode Island: Brothels Busted 21 (Fall 2005) (unpublished student course paper, University of Rhode Island) (on file with author). 47. Id. at 24.
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Businesses or individuals could openly advertise their services, although many still used euphemisms and code terms.48 Although many of the sex businesses were located in Providence, there were many others in cities and towns throughout the state.49 In suburban Middletown, Rhode Island, where two spa- brothels advertised services and sex buyers wrote online reviews about whether the women had performed to their satisfaction, a town official tried to maintain a normalized view of the brothels.50 He told a city employee not to call them “brothels.”51 Other than a few investigative journalism articles, there was no research on the burgeoning sex industry at the time. One recent, unpublished study documented the increase in the size of the sex industry in Rhode Island while prostitution was decriminalized.52 The study used two sources to measure the increase in prostitution.53 The researchers counted the number of advertisements for “massage parlors” in a local weekly newspaper, the Providence Phoenix, from January 1, 2000, to December 31, 2008.54 The “Adult Entertainment” section was the main venue for Asian brothel advertisements.55 There were also advertisements for strip clubs, “modeling agencies,” dominatrices, and other types of prostitution, but the researchers did not count these commercial sex services in their study.56 The study found that the number of advertisements for “massage parlors” doubled during a six-year period.57 The researchers also counted the number of reviews by men for female prostitutes on the Erotic Review.58 They collected 90,000 records from this online site from 1998 to 2008.59 They found that the number of reviews increased twelve-fold during the
48. Melanie Shapiro, Sex Trafficking and Decriminalized Prostitution in Rhode Island 54 (Apr. 2009) (unpublished Senior Honors thesis, University of Rhode Island), http://digitalcommons.uri.edu/srhonorsprog/135. 49. Id. at 51. 50. Melanie Shapiro, Media Attention Gets Inspections at Middletown Spa- Brothel, DIGITALCOMMONS@URI (July 27, 2009), https://works.bepress.com /donna_hughes/65/. 51. Id. 52. See generally Scott Cunningham & Manisha Shah, Decriminalizing Indoor Prostitution: Surprising Implications for Sexual Violence and Public Health (Nat’l Bureau of Econ. Research, Working Paper No. 20281, 2014), http://papers.nber.org/tmp/10223-w20281.pdf (finding that the decriminalization of indoor prostitution increased the size of the indoor prostitution market). 53. Id. at 11. 54. Id. 55. Shapiro, supra note 48, at 54. 56. Cunningham & Shah, supra note 52, at 34. 57. Id. at 11. 58. Id. 59. Id. at 12.
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540 WAKE FOREST LAW REVIEW [Vol. 52 measurement period—from an average of 3.6 to 44.8 per week.60 The number of unique prostitutes reviewed increased from an average of 2.6 to 37.4 per week.61 Between 2003 and 2007, there was a 200% increase in the number of prostitutes being reviewed on this site.62 In 2009, the Providence Police estimated that there were about forty brothels in Providence.63 It is not clear if they counted strip clubs and “gentlemen’s clubs.” Based on Shapiro’s own findings, most brothels counted by police were spa-brothels advertising Asian women.64 And even though indoor prostitution was not illegal, many other brothels operated underground.65 Men on the sex buyer forums reported that they traveled from other states to Rhode Island because they did not fear being arrested for buying sex in Rhode Island. For example, one sex buyer from a town in Massachusetts close to the Rhode Island border wrote, “No reason to visit [a brothel in Massachusetts] when you are just 5 miles away from the safety of the RI border.”66 Another sex buyer referred to Rhode Island as “a buyer’s paradise.”67 A sex buyer from New York wrote, “I decided to take the 3 hour trip yesterday . . . . Very nice.”68 One man from China, who had a layover at the local airport, wrote that he took the time to come to Providence to buy sex.69 Shapiro observed many sex buyers arriving at the brothels in cars with out-of-state license plates.70 As the number of sex businesses increased, they sometimes impinged on the safe operation of other businesses around them. In 2008, owners of a children’s toy store in Middletown, Rhode Island,
60. Id. 61. Id. 62. See id. An earlier version of this study notes the 200% increase specifically. See Scott Cunningham & Manisha Shah, Decriminalizing Prostitution: Surprising Implications for Sexual Violence and Public Health 15 (Aug. 2013) (unpublished manuscript), http://frihetspartiet.net/dokumenter /decriminalizing-surprising.pdf. 63. Simmi Aujla & Jennifer Levitz, Legal Prostitution Under Pressure in Rhode Island, WALL ST. J., Sept. 5, 2009, at A5. 64. See Shapiro, supra note 48, at 51. 65. Id. at 52–54. 66. Guest123, Massage Parlor Reports: Rte 1A Wellness AMP in Plainville, USA SEX GUIDE (Oct. 23. 2008, 10:22 PM), http://www.usasexguide.info/forum /showthread.php?4067-MassageParlorReports&p=718491&viewfull=1#post7184 91. 67. DaddysLookin, Massage Parlor Reports: A New One?, USA SEX GUIDE (Oct. 24, 2008, 8:32 AM), http://www.usasexguide.info/forum/printthread.php ?t=4067&pp=15&page=137. 68. Torq465, Massage Parlor Reports: Dt, USA SEX GUIDE (May 29, 2006, 11:45 AM), http://www.usasexguide.info/forum/showthread.php?4067-Massage -Parlor-Reports/page887. 69. See Lao Ma, Massage Parlor Reports: Asian Fantasies, USA SEX GUIDE (Feb. 1, 2009, 09:01 AM), http://www.usasexguide.info/forum/showthread.php ?4067-Massage-Parlor-Reports&p=762696&viewfull=1#post762696. 70. Shapiro, supra note 48, at 136.
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2017] DECRIMINALIZED PROSTITUTION 541 were driven out of their retail location because of a spa-brothel next door.71 Middletown is a medium-sized, suburban town in Rhode Island, distant from the dense sex-industry area of Providence.72 The police were unable to shut down the brothel that was operating next to the toy store, and the landlord was unwilling to evict it.73 The toy store owners, who found drug paraphernalia in the parking lot, were worried about the reputation of their child-centered business.74 Additionally, one of the store owners, an Asian woman, was often mistaken for a prostitute by men seeking to buy sex.75 In one frightening incident, an Asian woman fled the brothel and came into their store looking for help.76 She could only speak a few words of English, but indicated through hand gestures and use of the word “fuck” that she was being forced to engage in prostitution.77 She warned the store owners about the danger the spa-brothel posed to their little girl, who often was with them in the store.78 The owners had her wait in a back room while they called the police, but when they went to check on her, she had disappeared.79 Most of the Asian brothels advertised as mainstream businesses, such as health clubs, spas, or massage parlors.80 Shapiro noted many connections between the brothels and other, more mainstream, business people, such as lawyers, property owners, landlords, and public officials.81 During the political discussion about ending decriminalized prostitution, the authors often heard comments that business people in the state liked the large number of commercial sex venues because they enhanced the convention business for Providence.82 Men liked coming to meetings and conventions in Rhode Island because they could buy sex legally while they were in the state.83 One Providence Journal columnist
71. Aujla & Levitz, supra note 63, at A5. 72. See R.I. HISTORICAL PRES. COMM’N, HISTORIC AND ARCHITECTURAL RESOURCES OF MIDDLETOWN, RHODE ISLAND: A PRELIMINARY REPORT 1 (1979). 73. Melanie Shapiro & Donna M. Hughes, Middletown Loses Children’s Science Center Due to Inaction Against Brothel, DIGITALCOMMONS@URI (July 17, 2009), https://works.bepress.com/donna_hughes/66/. 74. Id. 75. Id. 76. Melanie Shapiro & Donna M. Hughes, Asian Woman Fled Brothel in Middletown Last Year, DIGITALCOMMONS@URI (July 16, 2009), https://works.bepress.com/donna_hughes/58/. 77. Id. 78. Id. 79. Id. 80. Shapiro, supra note 48, at 52. 81. See id. at 120–46 (discussing a variety of information regarding various brothels, including ownership, registration, and history). 82. See Johnson, supra note 46, at 25. 83. Melanie Shapiro & Donna M. Hughes, Behavior and Attitudes of Johns, DIGITALCOMMONS@URI (Sept. 12, 2009), https://works.bepress.com/donna _hughes/59/.
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542 WAKE FOREST LAW REVIEW [Vol. 52 referred to prostitution as the “under-the-table sector of the state economy.”84 These interconnections showed the sex businesses were sources of money for more mainstream, even well-known, business people and public officials. Many of the brothels retained the same lawyers to serve as their registered agents and to defend them against licensing, building, or health code violations.85 One of the lawyers had real estate dealings with the owner of one of the brothels.86 A former Providence mayor owned at least one building with space leased to a brothel—a brothel that was part of a major federal smuggling and sex trafficking investigation.87 Although many people may have viewed the Asian spas as separate from the mainstream community, in fact, local business people worked with and derived profit from the sex businesses.88 The open commercial environment for prostitution attracted sex industry businesses, pimps, madams, traffickers, and organized crime.89 Asian spa-brothels were the focus of the limited amount of research done on decriminalized prostitution.90 There has been no contemporary or historic research done on other types of prostitution, such as the prostitution occurring at strip clubs, private clubs, hotels, and residential brothels. After the new prostitution and human trafficking laws were passed, sex traffickers who were arrested told police they came from out-of-state and brought victims with them because indoor prostitution was legal in Rhode Island.91
B. Increase in Asian Spa-Brothels New brothels opened at an increasing pace as brothel operators learned that Rhode Island lacked laws prohibiting or regulating indoor prostitution.92 Concurrently, sex buyers learned about decriminalized prostitution, and the demand for sex businesses
84. Edward Fitzpatrick, Prostitution Has No Place in R.I. Economy, PROVIDENCE J. (Jan. 15, 2009, 9:06 AM), http://archive.li/KQJ9T. 85. See Shapiro, supra note 48, at 120–46 (listing the registered agents for the brothel business). 86. Id. at 66. 87. See Lynn Arditi, Providence Journal: “Paolino Versus the Spa,” KELLY & MANCINI, P.C. (Dec. 2, 2009), http://kellymancini.com/paolino-versus-the-spa/; see also Affidavit of Won Yoon at 12–13, United States v. Kim, No. 1:06-cr- 00605-CBA-RLM (E.D.N.Y. Aug. 14, 2006). 88. See Shapiro, supra note 48, at 55–56. 89. See Amanda Milkovits, Two Men Indicted for Trafficking in Providence, N. Providence, PROVIDENCE J., Dec. 11, 2010, at A4. 90. See Shapiro, supra note 48, at 51. 91. See Milkovits, supra note 89, at A4. 92. W. Zachary Malinowski, Busloads Come to Providence for New England’s ‘XXX’ Haven. (The Providence Journal), HIGHBEAM RES. (May 2, 2002), https://www.highbeam.com/doc/1G1-85599917.html.
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2017] DECRIMINALIZED PROSTITUTION 543 increased.93 The most visible expansion was in Asian spa-brothels.94 The commanding officer of the investigative division of the Providence Police commented on the increase of Asian brothels from 1999 to 2005 and the nature of their business:
In Providence, . . . there has been a number of what we call “oriental spas” that have popped up. [Also in] Johnston, [and] Cranston, but mainly in Providence. All of them, in my experience, have women who are Korean who are in these so- called massage parlors that are not actually massage parlors. They are houses of prostitution, brothels . . . . [T]hey are performing sex acts for money, so its [sic] prostitution.95 Shapiro documented the increase in the number of Asian brothels from 1998 until 2009.96 She found that in 1998, there were two or three Asian spa-brothels.97 Eight years later, in 2006, there were ten to twelve.98 By the end of 2008, there were twenty-two.99 Then over just a five-month period from January 2009 until April 2009, ten new spa-brothels opened, bringing the total to thirty- one.100 This rapid and accelerating growth occurred during a period when decriminalized prostitution was being discussed in the media.
C. Organized Crime and the Sex Businesses Crimes ranging from assault, sexual slavery, and murder, to extortion and racketeering occurred in connection with the decriminalized sex business in Rhode Island. The perpetrators ranged from individual criminals to regional mafia groups and international, organized crime networks. Even before the passage of the Trafficking Victims Protection Act in 2000, and the awareness raising campaigns about human trafficking that followed,101 Rhode Island police officers, who had
93. Id. 94. Shapiro, supra note 48, at 51. 95. Johnson, supra note 46, at 18–19. 96. Shapiro, supra note 48, at 51. 97. Id. 98. Id. 99. Id. 100. Id.; Melanie Shapiro & Donna M. Hughes, Brothel List by Senate District, Rhode Island, May 2009, DIGITALCOMMONS@URI (May 31, 2009), https://works.bepress.com/donna_hughes/61/. 101. Trafficking Victims Protection Act, FIGHT SLAVERY NOW! (Nov. 29, 2009), https://fightslaverynow.org/why-fight-there-are-27-million-reasons/the -law-and-trafficking/trafficking-victims-protection-act/trafficking-victims- protection-act/.
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544 WAKE FOREST LAW REVIEW [Vol. 52 contact with the prostitution businesses, recognized the slavery-like conditions in which the women lived and worked.102 In 1998, Providence Police raided an Asian brothel disguised as a health club.103 Police exposed the fraudulent nature of the business when they found that the exercise machines in the club were not plugged in.104 During the raid, officers seized $14,000 and a bag of pink condoms.105 The commander of the Providence Police Special Services Division said, “This was like slavery . . . . [The women] worked 16- to 18-hour days. They didn’t get paid. They just got tips.”106 The investigation found that the traffickers brought victims from Southeast Asia to Flushing, New York, and then transported them to Providence.107 The traffickers forced the women to pay their travel and living expenses and only permitted them to keep cash tips.108 The police noted that one of the women had cigarette burn marks on her forearm, a possible sign of torture.109 In 2005, the head of the investigative division of the Providence Police commented on what he had observed in the Asian brothels:
The Koreans have limited [English] language [skills] and no support from family and friends. They are isolated; they live and eat in these places. Everything is provided for them. They just don’t walk out the door . . . . [I]t seems to me that they are more restrained and less free to leave. Although they do leave to go to the store, walk a dog. They usually go in pairs. But where are they going to go? . . . They don’t take their ID’s [sic] with them. They only take small amounts of money . . . . When I see girls that are watched over, transported, told what to do, provided for, I think there is some restraint there.110 As awareness of the likely trafficking of women in the Asian spa-brothels grew, the Providence Police wanted to be able to speak to the women and offer them services instead of arresting them.111 The head of the investigative division explained, “We went to the International Institute and we got a Korean woman who could translate for us [during the raid]. [The translator] was visibly upset
102. Jonathan D. Rockoff, Police Allege Club Was a Brothel; the Providence Police Say That Women from Southeast Asia Were Brought to Club Osaka to Work as Prostitutes to Pay Off Their Passage to the United States, PROVIDENCE J., Nov. 24, 1998, at B1. 103. Id. 104. Id. 105. Id. 106. Id. 107. Id. 108. Id. 109. Id. 110. Johnson, supra note 46, at 19–20. 111. Id. at 25–26, 29.
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2017] DECRIMINALIZED PROSTITUTION 545 to see [women from her country] trapped in this situation.”112 The translator also explained the many challenges to assisting women in the Asian brothels. She told the police, “[The Asian women in the brothels are] not going to readily and willingly speak to you because the women in my country are not as valued as the men. They are subservient and they have a different role . . . .”113 Shapiro found that women in the Asian brothels were often moved from state to state, as part of a larger network.114 They were usually at one location for a couple of weeks to a few months.115 The head of the investigative division of the Providence Police made the same observation about one spa-brothel they raided, which was “probably the biggest massage parlor in the state.”116 Following a raid on the brothel, he said,
“We went in yesterday . . . . There were six girls, three of them I knew from past encounters there. Three of them I didn’t, and I learned they had only been there for three days. One was from Georgia; others were from NY, New Jersey. One had no ID; one had Korean currency mixed in with her American, U.S. currency. They all have their bags packed—they’re always ready to go. They don’t set up residence or stay for a long time. So they move from place to place. Is that trafficking? It seems to me [it is].”117 During the raid, the police found an Asian woman on a couch with a serious untreated foot infection.118 They took her to the hospital for treatment.119 Several Asian spa-brothels were also part of a regional, organized crime network with international connections.120 In 2006, two spa-brothels in Rhode Island were included in a federal investigation regarding women being smuggled from Korea into the Northeast United States.121 The regional network of brothels, which stretched from Massachusetts to Georgia, was managed from a base in New York.122 Using a wiretap, investigators caught a Rhode
112. Id. at 22. 113. Id. 114. Shapiro, supra note 48, at 60, 74–75. 115. Id. at 59. 116. Johnson, supra note 46, at 19. 117. Id. at 19–20. 118. Phillip Gara, Managers of Spa Prostitution Fronts Arrested for Unlicensed Massage, BROWN DAILY HERALD (Nov. 28, 2005), http://www.browndailyherald.com/2005/11/28/managers-of-spa-prostitution -fronts-arrested-for-unlicensed-massages/. 119. Id. 120. See Rockoff, supra note 102, at B1. 121. See Affidavit of Won Yoon, supra note 87, at 3, 6, 12–13. 122. Id. at 6–7.
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Island brothel manager ordering women with green cards for her spa-brothel.123 Traffickers in this network coerced women into prostitution.124 The traffickers targeted women in Korea who wanted to come to the United States to work and support their families.125 The traffickers used legal or fraudulent documents to get the women into the United States through immigration.126 In some cases, the traffickers smuggled the women into the country.127 The traffickers charged inflated fees for travel, food, and rent for women staying at the brothels.128 The women usually had to live in squalid conditions.129 The U.S. Attorney’s Office stated, “In some instances, the women were threatened or led to believe that if they left the prostitution business before paying off their debts, they would be turned over to United States law enforcement or immigration authorities, or that their families in Korea would be harmed.”130 In the regional investigation, federal agents arrested thirty-one people, closed twenty brothels, and freed seventy women.131 This case demonstrated that spa-brothels in Rhode Island were involved in large-scale smuggling and trafficking organized crime networks. As awareness about the sex trafficking of Asian women grew, the Providence Journal became a strong, consistent voice against decriminalized prostitution.132 The Journal’s editorials frequently condemned the exploitation of women in the brothels and advocated for new prostitution laws.133 The deputy editorial pages’ editor wrote about the condition of the women in the Asian spa-brothels:
[They are] trapped in dirty brothels, day and night, fearful of being beaten or killed if they try to leave . . . . [T]hey serve men with their bodies from the time they get up until they go
123. Id. at 12. 124. See id. at 7; Press Release, U.S. Attorney’s Office, E. Dist. of N.Y., 31 Korean Nationals Arrested Throughout the Northeastern United States in Federal Human Trafficking Case (Aug. 16, 2006), https://www.justice.gov /archive/usao/nye/pr/2006/2006Aug16.html. 125. See Press Release, U.S. Attorney’s Office, E. Dist. of N.Y., supra note 124. 126. See id.; Affidavit of Won Yoon, supra note 87, at 6. 127. See Press Release, U.S. Attorney’s Office, E. Dist. of N.Y., supra note 124. 128. See Shapiro, supra note 48, at 60–61. 129. See id. at 61. 130. See Press Release, U.S. Attorney’s Office, E. Dist. of N.Y., supra note 124. 131. Amanda Milkovits, Federal Sweep Shutters City Spa, PROVIDENCE J., Aug. 18, 2006, at B1. 132. See, e.g., Edward Achorn, One Business R.I. Can Do Without, PROVIDENCE J., Apr. 10, 2007, at B5. 133. See, e.g., id.
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to sleep. They sleep on filthy mattresses and cook from Sterno cans in a back room. They are essentially slaves.134 The high-profit sex businesses were also targets for extortion by organized crime groups.135 Rhode Island is the home of the largest Italian organized crime group in New England—La Cosa Nostra.136 This mafia network has a long history of criminal involvement with Providence strip clubs going back decades.137 The strip clubs in Providence were known hangouts for mafia figures.138 In the mid-1990s, members of the Patriarca crime family of the La Cosa Nostra, including a known violent enforcer, targeted a local businessman and a restaurant owner for extortion.139 They used the basement of the Satin Doll, a Providence strip club, to threaten and beat up the businessman.140 In 1995, the Rhode Island U.S. Attorney’s Office charged three men with extortion.141 Three dancers from the club witnessed the incident.142 The enforcer was called “one of the most ruthless mobsters ever to run the streets of Rhode Island.”143 At the enforcer’s trial, the dancers testified.144 Two of them were so frightened they wept and refused to point him out in the courtroom. The third woman misidentified the enforcer when asked.145 The enforcer was sentenced to life imprisonment.146 In 2011 and 2012, a multi-state federal investigation of organized crime resulted in charges against 127 people from seven crime families in four northeastern states.147 According to U.S. Attorney General Eric Holder, the law enforcement sweep was “the
134. Id. 135. Press Release, U.S. Attorney’s Office, Dist. of R.I., Longtime Rhode Island Mob Boss, Associate Among 91 Leaders, Members, and Associates of La Cosa Nostra Families in Four Districts Charged with Racketeering and Related Federal Crimes, Including Murder and Extortion: 127 Individuals Charged in Providence; Brooklyn, N.Y.; Manhattan, N.Y.; and Newark, N.J. (Jan. 20, 2011), https://archives.fbi.gov/archives/boston/press-releases/2011/bs012011a.htm. 136. Id. 137. Malinowski, supra note 3, at A1. 138. Id. 139. Tom Mooney, Ouimette Accused of Shakedowns; The Mobster and Two Others Are Charged with Demanding Cash from Two Businessmen, PROVIDENCE J., Mar. 21, 1995, at A1. 140. Id. 141. United States v. DeLuca, 137 F.3d 24, 30 (1st Cir. 1998); United States v. DeLuca, 945 F. Supp. 409, 411 (D.R.I. 1996). 142. W. Zachary Malinowski, Mobsters Ouimette, DeLuca Are Convicted of Extortion Facing Life in Prison, Ouimette Tells Reporters: ‘Just Another Day,’ PROVIDENCE J., Oct. 27, 1995, at A1. 143. W. Zachary Malinowski, Three Strikes and He’s in, PROVIDENCE J., Feb. 2, 1996, at A1. 144. Id. 145. Id. 146. Id. 147. WPRI, Mafia Bust Charged 127 People - 6pm Version, YOUTUBE (Jan. 20, 2011), https://www.youtube.com/watch?v=mCH8eAb8CoA.
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548 WAKE FOREST LAW REVIEW [Vol. 52 largest single day operation against the mafia in the FBI’s history, both in terms of the number of defendants arrested and charged and the scope of the criminal activity.”148 Law enforcement charged leaders and members of the La Cosa Nostra, including the New England Patriarca crime family, with racketeering and extortion for coercing Providence strip clubs to pay $2000 to $6000 per month for “protection.”149 Federal investigators estimated that the organized crime groups extorted between $800,000 and $1.5 million from Providence strip clubs, including the Satin Doll, the Cadillac Lounge, Cheaters, Club Desire, and The Foxy Lady.150 According to the federal indictment, the racketeering conspiracy in Rhode Island dated back to the mid-1980s.151 The New York- based Gambino crime family conspired with the Patriarca crime family to extort protection money from the strip clubs in Rhode Island.152 U.S. Attorney General Eric Holder called members of La Cosa Nostra “among the most dangerous criminals in our country.”153 In Rhode Island, the former and acting heads of the New England La Cosa Nostra crime families were convicted and imprisoned.154 In total, nine leaders, underbosses, or members of this Rhode Island organized crime group were convicted of offenses related to extortion of adult entertainment businesses in Rhode Island.155 These cases demonstrate that brothels were often run by organized crime networks,156 and strip clubs, where there was
148. Id. 149. See Press Release, Office of Pub. Affairs, U.S. Dep’t of Justice, New England Crime Boss Sentenced to 78 Months in Federal Prison (Nov. 14, 2012), https://www.justice.gov/opa/pr/new-england-crime-boss-sentenced-78-months -federal-prison; Press Release, U.S. Attorney’s Office, Dist. of R.I., supra note 135; see also W. Zachary Malinowski, Mobster Enters Plea in Racketeering Conspiracy, PROVIDENCE J., Feb. 23, 2012, at A5. 150. Laura Crimaldi, Ex-NE Mob Boss Gets 5 1/2 Years in RI Strip Club Plot, MASS LIVE (May 11, 2012), http://www.masslive.com/news/index.ssf/2012 /05/ex-ne_mob_boss_luigi_baby_shac_1.html. 151. Third Superseding Indictment at 5–6, United States v. Dinunzio, No. 11-004-02S (D.R.I. Sept. 22, 2011). 152. See Press Release, Office of Pub. Affairs, U.S. Dep’t of Justice, Alleged Acting New England Crime Boss Anthony Dinunzio Charged in Racketeering and Extortion Conspiracy (Apr. 25, 2012), https://www.justice.gov/opa/pr /alleged-acting-new-england-crime-boss-anthony-dinunzio-charged-racketeering -and-extortion; see also Jess Bidgood, Man Said to Be Acting Head of New England Mob is Held, N.Y. TIMES, Apr. 26, 2012, at A14. 153. WPRI, supra note 147. 154. Press Release, Office of Pub. Affairs, U.S. Dep’t of Justice, supra note 149. 155. Id. 156. See, e.g., Sentencing Memorandum at 2, United States v. Kim, No. 1:06- cr-00605-CBA-RLM (E.D.N.Y. Mar. 3, 2007) (No. 141) (noting the defendant
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2017] DECRIMINALIZED PROSTITUTION 549 prostitution,157 were often targeted by organized crime groups for extortion. Decriminalized prostitution facilitated the operation of crime networks and made sex businesses a soft target for traditional organized crime groups.
D. Murders, Assaults, and Armed Robberies Women in prostitution are often victims of violent crimes by men other than pimps and traffickers.158 They are targeted for robberies because they often have cash and are not likely to make police reports.159 Serial killers often target women in prostitution because they are vulnerable, and some men have a particular hatred of prostitutes.160 In Rhode Island, between 2003 and 2004, Jeffrey S. Mailhot killed three prostitutes.161 Though Mailhot visited a local strip club regularly, he picked up his victims on the street in an area known for prostitution in the city of Woonsocket.162 He strangled the three women at his apartment, dismembered them with a handsaw, and disposed of their bodies in garbage bags thrown into trash bins around the city.163 Searchers found body parts from one of the victims in the local landfill.164 Mailhot also assaulted and choked two other women who escaped.165 One of the surviving victims said Mailhot did nothing to frighten her “until [they] got to the house.”166 She added,
It doesn’t justify whether [sic] I am a prostitute or I am walking the streets . . . . There are three women who were my friends who are dead right now . . . . And one of them could’ve
“was a member of a wide-ranging conspiracy that operated brothels along the East Coast” for two years). 157. Melanie Shapiro, Prostitution at the Strip-Clubs in Providence, DIGITALCOMMONS@URI (Aug. 7, 2009), https://works.bepress.com/donna_hughes /101/. 158. See WARWICK POLICE DEP’T, NARRATIVE FOR SERGEANT ROBERT E AVIZINIS NO. 09-10479, at 2–3 (2009). 159. Id. 160. Kenna Quinet, Prostitutes as Victims of Serial Homicide: Trends and Case Characteristics, 1970-2009, 15 HOMICIDE STUD. 74, 81–82 (2011). 161. Cynthia Needham, Guilty Pleas End Ordeal - Court Hears How Mailhot Dismembered 3 Women, PROVIDENCE J., Feb. 16, 2006, at A1. 162. Cynthia Needham, Woonsocket Man Indicted on 3 Counts of Murder, PROVIDENCE J., Dec. 11, 2004, at A3. 163. Needham, supra note 161, at A1. 164. Cynthia Needham, An Awful Search: Digging in the Dump for Body Parts, PROVIDENCE J., Sept. 19, 2004, at A1. 165. See Cynthia Needham, On Tape, Mailhot Describes Killings, PROVIDENCE J., Feb. 23, 2006, at B1. 166. Tom Mooney, She Survived Encounter with Suspect, PROVIDENCE J., July 21, 2004, at A1.
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been me . . . . Just because we have a drug problem doesn’t mean we are bad people.167 The body of one woman was found in a local landfill.168 The bodies of two of the women were never found.169 When arrested in 2004, Mailhot confessed to murdering three women. He was sentenced to life in prison. Mailhot was not the only individual to violently attack prostitutes in Woonsocket—prostitutes in the area were targeted by multiple perpetrators.170 For example, one of the women Mailhot murdered had previously been kidnapped and beaten by another man.171 In the spring of 2009, there were two well-publicized, serious attacks and robbery attempts on women engaged in prostitution.172 The first was a robbery attempt in a Warwick hotel by Philip Markoff—known as the “Craigslist Killer.”173 In Boston, Markoff had robbed prostitutes to pay off gambling debts.174 He murdered one woman and assaulted at least one other one, although there was evidence that he had robbed other victims.175 In Rhode Island, Markoff attempted to rob a woman at gunpoint in a hotel room in Warwick.176 The victim and her husband, who was previously arrested for pandering (pimping), traveled to Rhode Island from Nevada each month to work the strip clubs.177 The
167. Id. 168. Cynthia Needham, The Mailhot Chronology, PROVIDENCE J., Feb. 16, 2006, at C1. 169. Cynthia Needham, supra note 161, at A1. 170. See Cynthia Needham, Victim’s Slaying Forces State to Drop Charges, PROVIDENCE J., July 20, 2005, at D4 (describing an instance where one prostitute was victimized in two high-profile violent crimes, the latter of which was her murder at the hands of Jeffrey S. Mailhot). 171. Id. 172. See Accused Craigslist Killer Faces Charges in Rhode Island, CNN (May 4, 2009), http://www.cnn.com/2009/CRIME/05/04/craigslist.hotel.assault/; Debra Cassens Weiss, Lawyer Tells Police She Was Assaulted While Working as an Escort, ABA J.: DAILY NEWS (May 6, 2009, 11:22 AM), http://www.abajournal.com/news/article/lawyer_tells_police_she_was_assaulted _while_working_as_an_escort. 173. Karen Lee Ziner, A Close Call with Craigslist Killer, PROVIDENCE J., Apr. 1, 2011, at A1. 174. Michele McPhee et al., Police Say Craigslist Killer Owed Gambling Debts, ABC NEWS (Apr. 21, 2009), http://abcnews.go.com/GMA/story?id =7387628&page=1. 175. Beverly Ford & Helen Kennedy, Suspected ‘Craigslist Killer’ Phillip Markoff Charged with Assault of a Stripper in Rhode Island, N.Y. DAILY NEWS (May 4, 2009), http://www.nydailynews.com/news/suspected-craigslist-killer -phillip-markoff-charged-assault-stripper-rhode-island-article-1.377718. 176. WARWICK POLICE DEP’T, SUPPLEMENTAL NARRATIVE FOR OFFICER JEDIDIAH D PINEAU NO. 09-10479, at 1–2 (2009); Ziner, supra note 173, at A1. 177. See Ziner, supra note 173, at A1; see also WARWICK POLICE DEP’T, SUPPLEMENTAL NARRATIVE FOR DETECTIVE JAMES M. MEDEIROS NO. 09-10479, at 1 (2009).
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178. See Ziner, supra note 173, at A1; Maureen Orth, Killer@Craigslist, VANITY FAIR (Aug. 31, 2009, 12:00 AM), http://www.vanityfair.com/culture/2009 /10/craigslist-murder200910. 179. See Orth, supra note 178 (noting that the Warwick robbery attempt occurred six days after April 10—i.e., April 16—and that the arrest occurred on April 20). 180. Tom Mooney, R.I. Brings Charges Against Craigslist Suspect, PROVIDENCE J., May 5, 2009, at A1. 181. Stephen Singer, Craigslist Killer Suspect Philip Markoff Found Dead, CHRISTIAN SCI. MONITOR (Aug. 16, 2010), http://www.csmonitor.com/From-the -news-wires/2010/0816/Craigslist-killer-suspect-Philip-Markoff-found-dead. 182. Amanda Milkovits, Providence Man Threatened Escort with Knife, Police Say, PROVIDENCE J., May 5, 2006, at A10. 183. Weiss, supra note 172. 184. See Milkovits, supra note 182, at A10. 185. See id. (noting that the perpetrator’s criminal record dated back more than twenty years at the time of the offense). 186. See Press Release, Peter F. Neronha, U.S. Attorney’s Office, Dist. of R.I., Convicted Felon Who Armed Himself Because of His “Lifestyle” Sentenced to 70 Months in Prison on Firearm Charge (Nov. 30, 2010), https://www.justice.gov/archive/usao/ri/news/2010/nov2010/lombardi _sentence.html. 187. Id. 188. Id.
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The burgeoning sex industry in Rhode Island and unregulated nature of indoor prostitution attracted predators who targeted women in the sex industry. The cases of attempted robberies and assaults against women engaged in prostitution increasingly alarmed law enforcement officials and the general public in Rhode Island.189 With prostitution as an unregulated activity, police and officials had no authority to take proactive steps to stop the increase in prostitution and the violence surrounding it. They could only respond to such violence after the acts had occurred.
E. Teenage Girls Legally Employed in Strip Clubs While people in Rhode Island were learning about the crimes that were hidden by decriminalized prostitution and how the flourishing sex trade was attracting violent criminals, another type of commercial sexual entertainment was found to be operating without regulation: underage teens dancing in strip clubs. In June 2009, Providence Police responded to a domestic violence call and found a sixteen-year-old runaway girl with injuries on her face and head.190 Her forty-year-old boyfriend, who was likely her pimp, had assaulted her.191 He was later identified as a fugitive from justice in Massachusetts.192 The victim had fake identification and was working as a dancer at a popular strip club.193 A Providence emergency medical technician who responded to the call wrote this about the victim:
A young girl got punched in the face a few nights ago. She stood outside of her [three-story residence], bleeding from her bottom lip. She offered me money because she didn’t have insurance. She told me she was a “dancer” at Cheaters, a notorious adult entertainment club down the road from my station. She opened her purse, a stack of twenties and a bunch of condoms lay inside. The girl was high, confused and needed help. I helped her. We put her in our truck, dressed her
189. See Accused ‘Craigslist Killer’ Faces New Charges in Rhode Island, FOXNEWS (May 5, 2009), http://www.foxnews.com/story/2009/05/05/accused -craigslist-killer-faces-new-charges-in-rhode-island.html (reporting statements by Rhode Island Attorney General Patrick Lynch that “it may take some time to bring [Markoff] to court in Rhode Island” but that charges would be brought “because a community cries out for justice”). 190. See PROVIDENCE POLICE DEP’T, PROVIDENCE INCIDENT REPORT DETAIL CASE NO. 2009-00058160, at 2 (2009); Amanda Milkovits, Missing Boston Teen Found in Providence, PROVIDENCE J., June 10, 2009, at B2. 191. See Milkovits, supra note 190, at B2 (noting that the girl told police that the forty-year-old man was her boyfriend and “had punched her in the face”). 192. Id. 193. See id.; Michael Morse, Circle the Wagons, RESCUING PROVIDENCE (June 10, 2009), https://mmorsepfd.wordpress.com/2009/06/10/circle-the-wagons/.
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wound and had her put her money and condoms away. Her ID said she was twenty and lived in Connecticut. Her face said she was sixteen and lived on the streets. Her face was right; her ID a lie.194 The victim was a teen missing from Boston for six months who was being held against her will by an escaped convict.195 When the police and medical technicians found her, she was suicidal.196 Since the girl had a large quantity of condoms in her purse,197 the convict was likely forcing her to engage in prostitution in the private booths in the strip club in addition to her dancing. When police attempted to hold someone accountable for the girl’s exploitation, they discovered that there was no state law or city ordinance prohibiting teens from working or stripping in clubs.198 The only laws that applied were federal child labor laws that restricted the number of hours a child could work and prohibited certain kinds of dangerous work.199 Under Rhode Island employment laws, it was not illegal to employ sixteen- and seventeen-year-old individuals in strip clubs or other sex businesses because sixteen was the minimum employment age in Rhode Island.200 Because sixteen is also the age of legal consent for sex in Rhode Island, the girl could legally be involved in prostitution at the strip club.201 One police officer commented on the violence and exploitation by saying, “It leads to societal breakdown . . . . These are just little girls.”202 The lack of a law prohibiting this level of sexual exploitation drew national media attention.203 State Representative Joanne Gianinni appeared on national news to say that she was going to introduce another bill into the Rhode Island General Assembly that would ban minors from working in adult entertainment establishments.204 Although there was no law against hiring teens
194. Id. 195. See Press Release, F.B.I. Bos., Innocence Lost Task Force and Providence Police Recover Missing Juvenile (June 9, 2009), https://archives.fbi.gov/archives/boston/press-releases/2009/bs060909.htm. 196. PROVIDENCE POLICE DEP’T, PROVIDENCE INCIDENT REPORT DETAIL CASE NO. 2009-00060104, at 1 (2009). 197. See Morse, supra note 193. 198. Amanda Milkovits, Minors in R.I. Can Be Strippers, PROVIDENCE J., July 21, 2009, at A1. 199. Id. 200. Id. 201. Id. 202. Id. 203. See Legal Loophole Allows Rhode Island Minors to Strip, CNN: AM. MORNING BLOG (July 24, 2009, 09:24 AM), http://am.blogs.cnn.com/2009/07/24 /legal-loophole-allows-rhode-island-minors-to-strip/. 204. Id.
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554 WAKE FOREST LAW REVIEW [Vol. 52 to strip in clubs, the Providence Board of Licenses asked ten clubs to voluntarily sign a pledge not to hire teens younger than eighteen.205 During the debate about decriminalized prostitution in Rhode Island, the focus had been on the Asian brothels, but this case highlighted that sexual exploitation was also happening in the strip clubs. Media stories started appearing that described the open sexual exploitation in the clubs.206 Providence’s seven strip clubs were said to have a notorious reputation throughout New England.207 One male customer said, “You get more contact here talking to a woman at the bar than you do in most clubs during a lap dance, and in the private rooms, anything goes for probably half the women working there, and the others will still make sure you leave happy.”208 Without laws or regulations for adult entertainment businesses, an “anything goes” culture existed in the clubs and other sex businesses in Rhode Island.
F. Cat and Mouse Games: Attempts to Close Asian Brothels Without laws prohibiting or regulating indoor prostitution, Rhode Island and federal law enforcement agencies’ authority to investigate and prosecute suspected pimps and traffickers was stifled. Because there were no laws against prostitution, property owners were free to rent to prostitution businesses. According to a senior Providence Police officer,
The problem . . . [in Rhode Island] is the prostitution laws are very narrowly defined . . . . They are really designed for street- walkers. They do not address, or make [prostitution] a crime, any sex for money if it’s done indoors. So we have a lot of this going on. It’s done easily and it’s tough to disrupt it because we really don’t have the law on our side. 209 Since there were no laws or regulations concerning indoor prostitution, city officials looked for other ways to close the Asian
205. Gregory Smith, Clubs Asked to Sign Pledge on Hiring of Strippers, PROVIDENCE J., July 25, 2009, at A4. 206. Donna M. Hughes, Donna M. Hughes: Hold R.I. Strip Club Owners Accountable, PROVIDENCE J. (Mar. 30, 2014), http://www.providencejournal.com /opinion/commentary/20140330-donna-m.-hughes-hold-r.i.-strip-club-owners- accountable.ece. 207. Susan Donaldson James, Rhode Island Clubs Ban Teen Strippers, ABC NEWS (Aug. 5, 2009), http://abcnews.go.com/Business/story?id=8257359 &page=1. 208. Susan Donaldson James, Teen Strippers, Old Enough to Be Indoor Hookers but Too Young to Drive, ABC NEWS (July 23, 2009), http://abcnews.go.com/Business/story?id=8149969. 209. Johnson, supra note 46, at 19.
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[T]here’s a huge amount of money that’s generated from [prostitution in Asian brothels] . . . . [t]he Spa owners have good lawyers. Highly skilled, highly paid, high profile attorneys who are very creative in trying to get around the law . . . . [t]he attorneys play cute and we have to go back and forth. So we’re really not getting anywhere on that front.219 After not being able to use the massage regulations to close the brothels, the Providence authorities tried to close the brothels using fire, building, and health code violations.220
210. Associated Press, R.I. Tries to Outlaw Indoor Prostitution – Again, NBC NEWS (June 18, 2009, 1:42 PM), http://www.nbcnews.com/id/31428425/ns /us_news-crime_and_courts/t/ri-tries-outlaw-indoor-prostitution-again/#.WII _lmQrLfY. 211. See, e.g., Neil Remiesiewicz, Police Close Massage Parlor, Arrest Masseuse, WPRI NEWS (July 17, 2015, 10:39 PM), http://wpri.com/2015/07/17 /police-close-massage-parlor-arrest-masseuse/. 212. See, e.g., Bill Tomison, 3 Spa Workers Face Prostitution-Related Charges, WPRI NEWS (July 10, 2015, 1:27 PM), http://wpri.com/2015/07/10/3 -spa-workers-face-prostitution-related-charges/. 213. See 23 R.I. GEN. LAWS § 23-20.8-3 (2008). 214. Milkovits, supra note 44. 215. See Johnson, supra note 46, at 20–21. 216. Lynn Arditi, How R.I. Opened the Door to Prostitution, PROVIDENCE J. (Nov. 14, 2014), http://www.providencejournal.com/news/content/20141114-5-31 -2009-how-r.i.-opened-the-door-to-prostitution---broken-legal-barriers-made -public-nuisance-a-private-act.ece. 217. Id. 218. Johnson, supra note 46, at 21. 219. Id. at 20–21. 220. Id. at 21.
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Officials were successful in forcing one spa-brothel to close, but law enforcement and city officials realized that they were running out of enforcement tools.221 Next, they decided to pressure the building owners to evict the brothels.222 By 2009, there was a lot of public discussion about the problems created by decriminalized prostitution, and attention shifted to some well-known business people who were known to be renting buildings to Asian spa- brothels.223 The city of Providence sent letters to the owners of buildings where brothels were located, asking them to evict the brothel.224 At least one property owner pressured a brothel to leave, while others resisted the pressure from the city and replied that they would not change their practices until the law changed.225 Property owners hesitated to evict brothels because they could charge brothels premium rent rates.226 Pressuring property owners to evict brothels also had a limited effect because the brothels moved to another location and opened again, sometimes under another name.227 For example, following negative publicity, a former Providence mayor evicted a brothel that subsequently relocated to the same address as another brothel in Providence.228 The brothel advertised that it was “under new management,” but continued to advertise that it offered “full service,” a euphemism for sexual intercourse with “beautiful, charming, sex[y] Asian girls.”229 Often, the old and new brothels seemed to be connected.230 For example, the same photos, descriptions, and formatting would be used in advertisements, the same registered agents were used to incorporate the new location, and the same managers’ vehicles were seen at the new location.231
221. Amanda Milkovitz, Brothels Survive on Weak R.I. Law, PROVIDENCE J. (Aug. 21, 2006) (on file with author). 222. Gregory Smith, City Pressures Building Owners to Evict Spas, PROVIDENCE J., Dec. 2, 2005, at D1. 223. See Arditi, supra 87. 224. See Johnson, supra note 46, at 29. 225. See Smith, supra note 222, at D1. 226. Donna M. Hughes, Donna M. Hughes: Another Prostitution Loophole in R.I., PROVIDENCE J. (May 9, 2015), http://www.providencejournal.com/article /20150509/OPINION/150509309; see also Milkovitz, supra note 221; Arditi, supra note 87. 227. See Sarah Schweitzer, Many Seek Ban as Prostitution Thrives in R.I., BOS. GLOBE (Aug. 13, 2009), http://archive.boston.com/news/local/rhode_island /articles/2009/08/13/in_rhode_island_battle_over_legal_prostitution_rages_on /?page=full. 228. See Melanie Shapiro, Evicted Brothel Relocates, Bali Day Spa Moves to ABC Spa: Still Located in Providence, DIGITALCOMMONS@URI (Aug. 12, 2009), https://works.bepress.com/donna_hughes/62/. 229. Id. 230. See, e.g., Shapiro, supra note 48, at 120–46. 231. See, e.g., id.
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The cat and mouse game between the Providence city authorities and the Asian brothels reinforced the need for new laws that ended decriminalized prostitution.
G. Decriminalized Prostitution and the Consequences for Investigating Sex Trafficking Awareness of sex-industry-related human trafficking was growing, but the lack of laws prohibiting prostitution hindered law enforcement investigations. Cases of sex trafficking are often identified while police are investigating prostitution, and sex trafficking investigations are often initiated by police setting up a sting or acting as a sex buyer to contact a potential victim.232 Police were unable to investigate suspected sex trafficking because indoor prostitution was a private act. Therefore, police could not meet the necessary legal requirements of probable cause to investigate what was not a crime. Numerous law enforcement officers and officials wrote letters supporting prostitution related legislation.233 They described their frustration in not being able to act to stop pimping and trafficking because of the lack of legal authority.234 One Pawtucket police officer, who was also a representative in the Rhode Island House of Representatives, wrote,
Pimps are transporting their victims to Rhode Island where they know they can operate with near impunity. They have no fear of a police sting nabbing them in the act since there are no laws against indoor prostitution. The police have their hands tied and need the loophole closed in order to combat the pimps and traffickers. All the human trafficking legislation in the world won’t help as long as the loophole that allows indoor prostitution exists.235 Decriminalized prostitution excluded Rhode Island from participating in a national partnership with the FBI, the
232. See Donna M. Hughes, Analysis of the Arrest of a Cambridge Pimp and the Identification of a Victim, DIGITALCOMMONS@URI 1 (July 3, 2009) https://works.bepress.com/donna_hughes/57/. 233. See Donna M. Hughes, Senators Prostitution Bill is a Sham, PROVIDENCE J., Sept. 4, 2009, at Commentary 6 (describing widespread support for a House bill that would have been a traditional law against prostitution). 234. See, e.g., Letter from Col. Stephen M. McCartney, Chief of Police, City of Warwick, to Chairman Lally & Honorable Members of the House Judiciary Committee (May 6, 2009), https://web.archive.org /web/20101016122332/http://citizensagainsttrafficking.org/uploads/McCartney -Chief_of_Police-Warwick.pdf. 235. Press Release, Rep. Roberto DaSilva, Statement on the Harm of Decriminalized Prostitution in Rhode Island (June 18, 2009), http://www.rilin.state.ri.us/pressrelease/_layouts/RIL.PressRelease.ListStructur e/Forms/DisplayForm.aspx?List=c8baae31-3c10-431c-8dcd-9dbbe21ce3e9&ID =5391.
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Department of Justice Child Exploitation and Obscenity Section, and the National Center for Missing and Exploited Children to investigate the domestic sex trafficking of children in the United States.236 The program, called the Innocence Lost National Initiative, required coordination with state and local law enforcement agencies.237 Because Rhode Island had no law on indoor prostitution, local and state police had no authority to investigate prostitution.238 A letter to Rhode Island Governor Donald Carcieri from the National Center for Missing and Exploited Children stated,
Under current Rhode Island law, commercial sex between adults inside a building is considered a private activity and is thus protected. This deprives Rhode Island law enforcement of the ability to detect whether children are being victimized in this commercial sex trade, to rescue these child victims, and to provide them with the services they so desperately need. Your state’s efforts in the fight against child prostitution would be greatly enhanced if law enforcement were empowered to fully investigate the commercial sex trade.239 Since prostitution was not an illegal activity in Rhode Island, federal agents could not arrest pimps or traffickers for transporting victims into Rhode Island using the Mann Act, which is an important federal law used to prosecute the transportation of someone across state lines for the purpose of “illegal sexual activity.”240 The inability to use this simple but powerful federal law stymied federal investigations and prosecutions of sex trafficking in Rhode Island. The violence, exploitation, and lawlessness in the state led the mayor of Providence to call Rhode Island a “true wild west.”241 As the push for an end to decriminalized prostitution intensified during the summer of 2009, Luis CdeBaca, Ambassador at Large to Combat Human Trafficking and Director of the Office to Monitor and Combat Trafficking in Persons in the U.S. State Department, called for legal reform:
There is a need for both a legal and a cultural message that does not tolerate prostitution. I was surprised to learn that in Rhode Island . . . prostitution is legal so long as it happens
236. Letter from Ernie Allen, former CEO & President of the Nat’l Ctr. for Missing & Exploited Children, to Gov. Donald Carcieri (July 23, 2009) (on file with the authors). 237. Id. 238. Id. 239. Id. 240. 18 U.S.C. §§ 2421–2424 (2012). 241. David N. Cicilline, Time to End Legalized Prostitution in R.I, PROVIDENCE J., May 19, 2009, at Commentary 6.
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indoors, and girls as young as 16 years of age can legally dance in strip clubs . . . . It is a legitimate concern that such a hands-off approach towards the so-called “sex industry” can result in a zone of impunity in which police can’t go, and where traffickers can exploit their prey. State legislators are trying to close these prostitution loopholes in Rhode Island so that the state does not become a magnet for commercial sexual exploitation.242 The knowledge that police were impeded from investigating serious crimes like domestic minor sex trafficking and transportation of victims into Rhode Island helped build momentum for the passage of a law to end decriminalized prostitution.
CONCLUSION In October 2009, the Rhode Island General Assembly passed several laws aimed at ending decriminalized prostitution, sexual exploitation, and human trafficking.243 These included a law criminalizing prostitution, a comprehensive human trafficking law, and a law prohibiting minors from working in the adult entertainment industry.244 These three new laws marked the end of a legal and commercial era in which the sexual exploitation of women and girls through prostitution was a legitimate form of economic development and a high-profit enterprise for business owners. These laws also marked the end of a cultural era in which buying sex was a legal form of entertainment for men. An added benefit of the public discussion about prostitution and sex trafficking was that awareness about the subordinate status of women in prostitution grew within police departments.245 Officers’ attitudes toward women in prostitution shifted, and they started to see the women and girls as likely victims instead of criminals.246 By 2005, when Providence Police raided the Midori Spa, they
242. Hughes, supra note 6, at 1. 243. 11 R.I. GEN. LAWS § 11-34-5 (2002); 11 R.I. GEN. LAWS §§ 11-67-1 to -8 (Supp. 2016); 28 R.I. GEN. LAWS § 28-3-9.1 (Supp. 2016). 244. 11 R.I. GEN. LAWS §§ 11-34-5, 11-67-1 to -8; 28 R.I. GEN. LAWS § 28-3-9.1; see also H.R. 5044 Substitute B., 2009 Gen. Assemb., Jan. Sess. (R.I. 2009) (House bill criminalizing prostitution); S. 0596 Substitute B., 2009 Gen. Assemb., Jan. Sess. (R.I. 2009) (Senate bill criminalizing prostitution); H.R. 5661 Substitute B., 2009 Gen. Assemb., Jan. Sess. (R.I. 2009) (House bill on trafficking of persons); S. 0605 Substitute B., 2009 Gen. Assemb., Jan. Sess. (R.I. 2009) (Senate bill on trafficking of persons); H.R. 6441, 2009 Gen. Assemb., Jan. Sess. (R.I. 2009) (House bill on minors working in the adult industry); S. 1059, 2009 Gen. Assemb., Jan. Sess. (R.I. 2009) (Senate bill on minors working in the adult industry). 245. See, e.g., W. Zachary Malinowski, Officials Decry Trafficking of Women for Sex, PROVIDENCE J., Nov. 29, 2006, at A1. 246. See, e.g., Amanda Milkovits, Hunting Houses of Ill Repute; Law Enforcement Sex Trafficking, PROVIDENCE J., May 27, 2014, at A1.
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560 WAKE FOREST LAW REVIEW [Vol. 52 announced a new strategy to crack down on brothels.247 They said they would arrest only the managers of the spa and not the women, who were likely victims of human trafficking.248 The police went into the brothel with translators and counselors for the women.249 Today, sex worker rights groups and international organizations, such as UN Women (the United Nations organization dedicated to equality and empowerment of women) and Amnesty International (the largest human rights group in the world), are advocating for the decriminalization of prostitution.250 This Article describes what happened over a period of twenty-nine years of decriminalized prostitution in Rhode Island. The authors think this research documents the lawlessness, violence, and exploitation that accompanies decriminalized prostitution. When prostitution is decriminalized, it is women’s and girls’ bodies that become legal sexual entertainment for men and the legal basis of profit and economic development for pimps, traffickers, business people, and public officials.
247. See Gara, supra note 118. 248. Id. 249. Smith, supra note 222, at D1. 250. See, e.g., AMNESTY INT’L, 32ND INTERNATIONAL COUNCIL MEETING CIRCULAR NO. 18 2015 ICM CIRCULAR: DRAFT POLICY ON SEX WORK 4–5 (2015), http://files.ctctcdn.com/54482ed6201/46da8bac-36d7-4a59-b9e0-fd79b1aec 409.pdf.
Page 202 of 227 From: Bowen Island Municipality To: BIMBC - Mayor And Council Subject: FW: Please deliver to Mayor and Council - Fifteen Important questions to be asked of TransLink. Date: Monday, December 3, 2018 9:17:22 AM
From: D. Malcolm Johnston
The next Mayor's Council on Transit meeting is on December 13 and a very important meeting indeed.
At this meeting the Mayor's Council on Transit will decide on the fate of Surrey's LRT project.
The SkyTrain Lobby has been demonstrating a disturbing tendency in releasing misleading information to both the public and politicians about the proprietary light-metro system. A litany of man-of-straw arguments and Trumpian style fake news and alternative claims have been about light rail, while at the same time no hard questions have been asked of SkyTrain and/or light metro and Metro Vancouver's use of light-metro.
This has lead to a dichotomy with the rest of the world, where LRT has become the preferred (almost 600 systems in use) method of urban transport in cities of all sizes and populations, while Vancouver now remains the only city in the world planning to extend the out dated proprietary SkyTrain light metro system.
The following are 15 questions the regional mayors should ask and have answer before any SkyTrain/light rail decision is made.
1. The Expo and Millennium Lines are a proprietary railway, which the technical patents are owned by Bombardier Inc. and the engineering patents owned by SNC Lavalin. Are not employees of Bombardier Inc and SNC Lavalin in conflict of interest being involved in regional planning, especially rapid transit planning? 2. The Expo and Millennium lines are unconventional, proprietary railways, now called Innovia ART, which patents are owned by Bombardier Inc. and SNC Lavalin. Only seven (7) lines have been built in almost 40 years, with only 3 seriously used for urban transport. Why is Metro Vancouver now the only region in the world that continues to build with SkyTrain? 3. Metro Vancouver, now the only region in the world continuing to plan for the proprietary Innova ART system (SkyTrain) for future transit projects. How secure is Page 203 of 227 TransLink getting affordable replacement parts and new vehicles, etc. for the aging rapid transit system? 4. Surrey's new mayor and council have rejected a $1.65 fully funded LRT system, in favour of an unfunded $2.95 billion SkyTrain line to Langley. Where is the additional $1.3 billion in funding coming from? 5. Both the IBI and ART studies done for the Toronto Transit Commission in the early 1980's found that ICTS SkyTrain (an earlier name for Vancouver's SkyTrain) cost up to ten times more to install for about the same capacity than LRT. Why then does Translink's costs for LRT much higher than other city's costs for LRT and at the same time claims that SkyTrain has a higher cpacity? 6. Innovia ART (SkyTrain) capacity is legally limited to 15,000 pphpd as per Transport Canada's Operating Certificate, until an extensive and expensive rehab of the Expo and Millennium lines takes place. This is said to cost around $3 billion and must be done before any increase in capacity can be achieved. Has TransLink planned for this $3 billion rehab and if so, how will be the funding be sourced? 7. Still on the subject of the $3 billion rehab of the existing Innovia ART lines. As capacity on the Expo Line is now near SkyTrain's legal maximum limit, will not extending SkyTrain to Langley cause major operational issues in Burnaby and Vancouver transit customers, as full trains will cause major inconvenience and congestion at stations, as they pass customers by? 8. TransLink now claims that the Surrey LRT is not being planned as a "fully dedicated system". What is and isn't a "fully dedicated LRT system? 9. TransLink's planners seem to think that grade separation equals greater capacity, yet it is well known that simple at-grade light rail can handle traffic flows up to and over 20,000 pphpd. The Expo and Millennium Lines currently have a maximum legal capacity of only 15,000 pphpd and the Canada line with platforms have half the length of the Expo & Millennium Lines, effectively gives the Canada line slightly more than half the capacity of the ART Innovia lines. Has TransLink deliberately reduced the planning capacity of LRT in order to not cause embarrassing comparisons with the SkyTrain light-metro lines? 10. Much is said about the speed of SkyTrain, but this is because SkyTrain has many fewer stations than LRT. Though SkyTrain may offer a higher commercial speed, because the much greater distances transit customers must travel to reach a SkyTrain stations, means door to door travel times tend to favour light rail. Why does TransLink persist using this unprofessional "speed question" with their transit planning? 11. Still on the subject of light rail, TransLink only planned for 40 metre long platforms for trams 40 metres or under. Today most modern trams are longer than 40 metres and have station or tram stop platforms of 60 metres or more. Has TransLink deliberately reduced the capacity of LRT to make it look like a second rate transit system? 12. In North America, the industry standard for building a subway, is a transit line with traffic flows that surpass 15,000 pphpd, yet traffic flows on Broadway in the peak hour, are less than 5,000 pphpd. Why is TransLink and the City of Vancouver even considering a subway under Broadway, when traffic flows are so weak? 13. In 2015, TransLink fired their two top planners, Tamin Raad and Brian Mills, rumored because of their opposition to the Broadway subway. Who ordered the firings and why? 14. The city of Ottawa sent a delegation to Vancouver to inspect SkyTrain as there was pressure by the federal government for Ottawa to build with Innovia ART (SkyTrain). The delegation found that SkyTrain was not only much more expensive to build than light rail, SkyTrain cost more to operate and maintain, had less capacity and lacked the
Page 204 of 227 operational flexibility. Ottawa's new LRT system is now nearing completion. Has the findings of the Ottawa delegation ever been conveyed to Metro mayor's and councils or the Mayors Council on Transit? 15. In 1993, a report from the GVRD's Costs of Transporting People in the BC Lower Mainland, found that the subsidy in 1991, for just the Expo Line from Waterfront Station. to New Westminster was $157.6 million or put another way, the subsidy for SkyTrain was more than the diesel and electric buses combined! What is the current annual subsidy for the entire SkyTrain light metro system and how is it funded? A question from Rail for the Valley:
In 2009, Rail for the Valley engaged Leewood Projects (UK) to do a study on the feasibility of a rail service from Vancouver to Chilliwack, using the the former and still existing and in use BC Electric interurban railway. Not only did the Leewood study, released in 2010, found that a passenger rail service was viable; it was affordable using TramTrain, which is a variant of light rail. The cost of a Vancouver to Chilliwack TramTrain was just under $1 billion.
Confirmed information from the master agreement covering section of track through Langley, now owned by the CPR, can be upgraded for passenger operation at no cost to the taxpayer and allocated a 33% wheelage for passenger service.
Today, a two train an hour Vancouver to Chilliwack TramTrain service could be operated through the densely populated central Surrey/Cloverdale area; Langley, Abbotsford; Sardis and Chilliwack for $1.5 billion. Such a servcie could provide a 50 minute commute time for Langley residents (faster than SkyTrain) and provide redundancy for the now at capacity Expo Line. Why then does TransLink refuse to consider this option and not informing regional mayors to consider a much cheaper and faster transit route to Vancouver from the Fraser Valley?
Who is in charge of the clattering SkyTrain? The axles creak and the couplings strain, and the pace is hot and the points are near, and costs hath deadened the Metro Vancouver's ear, and the stop signals flash through the night in vain, for TransLink is in charge of the clattering SkyTrain.
Malcolm Johnston
Rail for the Valley
604-889-4484
Addendum:
The following illustration compares all of Canada's tram, light rail and metro operations with both maximum length of Train and length of platform. The smallest platform for LRT is 60 metres, yet TransLink plans Surrey's LRT with 40 metre tram platforms? Please note, Ottawa's O-Train is not light rail at all, rather it is a diesel multiple unit, using existing rail tracks.
Page 205 of 227
The Expo Line's operating subsidy and source of funding, from 1991. TransLink must provide the same information for 2018! From e GVRD's Costs of Transporting People in the BC Lower Mainland
Page 206 of 227
The modern modular tram can have its capacity increased cost effectively by adding another module. This means modern LRT can cost effectively increase capacity to meet demand.
Page 207 of 227
Virus-free. www.avg.com
Page 208 of 227 From: PETER KING To: Biggs, Allie Cc: BIMBC - Mayor And Council; David Hocking; Rob Wynen Subject: Re: Bowen Island Express Bus - using TransLink stops Date: Monday, December 3, 2018 8:12:05 AM
Hi Allie, I'm pleased to know that you have some video footage of my bus in front of a West Van Blue Bus at my designated stop at Georgia and Granville because it will demonstrate a situation I am faced every time I come to my designated pick up point. When West Vancouver separated the #257 from the rest of the West Van service at the Georgia and Seymour stop they moved their pickup point quite a bit closer to Granville Street with no regards to maintaining my ability to enter my pickup spot at the passenger zone. Depending on the situation with the traffic light my options are to move ahead and enter the passenger zone on a red light and load leaving on the green which does not impact the Blue Bus or wait behind the Blue Bus which in many cases has my passengers walking to the bus and loading in the expanded West Van bus zone.Either option is subject to calls from West Van operators. Perhaps a solution to this would be to have the West Vancouver bus zone moved a bit towards Seymour Street so that I can enter and exit my designated bus zone without them impacting on my ability to do so. The spot has been in place for four years and the change with West Vancouver Blue Bus was done without any thought how it would impact my service.
This is the same situation at my designated terminus at Georgia and Cambie. North Van Transit buses have now taken over that spot which was my designated terminus for the past four years when they moved from their former location on Hamilton Street next to the post office building due to construction. I now have moved to their former location on Hamilton Street as it is the only location available in the area.
As for the inbound designated stops a different set of circumstances occur that impact on my ability to access those stops. In order to not mix with the Translink buses at Burrard and Georgia where access to the passenger zone in front of their bus zone is often occupied with charter buses or the BC Ferries bus operated by Wilsons,I now time it such that I drop customer off west of Burrard on the red light. This works well as I move into lane two and drive right by the Translink bus zone. Granville is a different situation as my designated bus drop off spot is regularly occupied by document shredding trucks, multiple cabs, armored trucks for the bank and the mall and other delivery trucks. When this occurs I am forced to discharge passengers in front of the Translink bus zone on the west side of Granville.
As you can see this is far from an ideal situation.Adjusting the placement of the West Van stop at Granville street on the outbound trip would solve the issue by providing access to the designated stop thus removing any conflict with the West Van Blue Buses. As for the problems with the inbound trips can we all come to the same conclusion that the best solution would be to treat this bus as just one of many who operate on Georgia Street and have it discharge passenger on the three inbound trips in the am rush hour at regular bus stops. If there is a perceived issue with Unifor, I will be more than happy to address the issue with them. I was a member of the union for twenty year as a former CMBC operator. The Bowen Island Express Bus has operated for four years this January and will continue to be an ongoing service for the community. It is in effect public transit for Bowen Island as it provides the same service to the community as the |Blue Bus does for West Vancouver residents.
Please consider suggesting some corrective measures to Translink so that any conflicts can be eliminated.
Sincerely'
Peter King Bowen Island Express Bus
From: "Biggs, Allie"
Page 209 of 227 Sent: Saturday, December 1, 2018 9:29:47 AM Subject: Bowen Island Express Bus - using TransLink stops
Hi Peter,
We have again been receiving complaints from WVT bus drivers about the Bowen Island Express Bus using TransLink bus stops along Georgia Street, and stopping in a way that blocks our buses from departing the stop, causing delays to our routes. In particular, we have video footage of your bus blocking one of WVT's buses on November 14 at 16:56, at the bus stop on Georgia at Granville.
We must remind you that this is against the ITS terms and conditions, and you should take steps to ensure you are not stopping at TransLink operated stops. We will continue to monitor this and may have to reach out to the City of Vancouver bylaw officers if the situation doesn’t improve.
Please let me know if there is anything further you wish to discuss, and I hope you can find a solution to this problem.
Kind regards,
Allie Biggs Planner, Transit Network Management 778.375.6740 | [email protected]
TransLink 400 – 287 Nelson’s Court New Westminster, BC V3L 0E7
This e-mail and any attachments may contain confidential and privileged information. If you are not the intended recipient, please notify the sender immediately by return e-mail, delete this e-mail and destroy any copies. Any dissemination or use of this information by a person other than the intended recipient is unauthorized and may be illegal.
Page 210 of 227 From: [email protected] To: BIMBC - Mayor And Council Cc: Kathy Lalonde Subject: Steep Slope DPA/ Site alteration permits Date: Friday, November 30, 2018 3:01:23 PM
High on the list of early Council tasks should be passage of an effective development permit area bylaw for Hazardous/Steep slopes. Ancillary to that should be inclusion of policies to address major ‘alterations to land’.
It is my understanding that updated LIDAR mapping is now in hand, which was an earlier impediment to passage of this DPA bylaw.
Of immediate concern is the current phase of the Cates Hill development. Drilling and blasting has been going on for approximately six months. It is outrageous to me that such major land alteration continues without controls on the extent and duration of the disruption and upheaval to ‘quiet enjoyment of property’- both for immediate neighbours and even for us, located some distance away.
If a DP bylaw were in place, strict terms could be imposed to reduce impacts on the land and on neighbours alike.
Meanwhile, I would like to know for how long we must endure the drilling and blasting which is very loud and intrusive.
Peter Frinton
Tel: (604) 947 pfrinton@s
Page 211 of 227 From: Anton van Walraven To: BIMBC - Mayor And Council Cc: Marc Garneau; Raplh Goodale Subject: TERMPOL review of navigational risks of LNG tankers in Atl"Kitsem / Howe Sound, B.C. Date: Tuesday, December 4, 2018 11:40:35 AM Attachments: FedGov-Garneau-response-to-CCBowen-letter-Aug272018.pdf FedGov-Goodale-response-to-CCBowen-letter-Sep072018.pdf Re-re-Letter-Garneau-TERMPOL-AVW-July11-2018-final.pdf
Dear Mayor and Council,
For good order I am sending you the response letters I received from Mr. Garneau, Canadian Minister of Transport, and Mr. goodale, Canadian Minister of Public Safety, as both letters were only CCed to each other and to MP Ms. Goldsmith-Jones, although our letters to both Ministers were CCed to all the people included in this list on our letter from July 11, 2018.
From Ministers Garneau's letter, it again becomes clear that, when it comes to public safety in relation to LNG supertankers, the current Canadian legislation that would apply seems inadequate as it does not contain specific regulations for LNG supertankers. It was definitely inadequate at the time the approvals for Woodfibre LNG proposal were granted.
As in earlier responses, Minister Garneau can only the TERMPOL review, which is a voluntary and non-binding review.
Again we are reminded that a public safety review that should have been appropriate an a pre-start phase of a project before deciding on an environmental assessment and before a proponent starts to invest serious money, was not done.
As you are well aware, as communities we still have no insight into what public safety and emergency measures are appropriate with the prospect of LNG supertankers passing by our communities.
Earlier correspondence with the Minister is available upon request.
Respectfully yours,
Anton van Walraven
--
Concerned Citizens Bowen.ca for the Protection of Atl’ka7tsem / Howe Sound Eagles Nest Rd n island BC V0N 1G1
Page 212 of 227 Page 213 of 227 Page 214 of 227 Page 215 of 227 Page 216 of 227 Bowen Island, July 11, 2018
The Honourable Marc Garneau Minister of Transport House of Commons Ottawa, ON K1A 0A6
Re: Response - Public safety and LNG Super tankers in Átl’ḵa7tsem / Howe Sound, B.C.
Dear Minister:
I am sorry I wasn't able to meet you at the 'Democracy Talks' session organized by your colleague Ms. Goldsmith - Jones in West Vancouver recently. Although it was mentioned in Dr. Finn’s I was present, family obligations made it impossible for me to be there: my wife had bought two tickets to a concert months earlier, and since no volunteer had come forward, the honour fell on me to chaperone my fourteen year old son to this event. I was glad to be able to do so. He had a great time.
Luckily my friends Thomas Rafael, Eoin Finn and Ruth Simons were able to attend the Democracy Talks session. All three informed me afterwards that you had not responded to their letters regarding LNG tanker safety in Átl’ḵa7tsem / Howe Sound and that you have made a promise at the meeting to respond ASAP.
I did sent you a letter too, dated September 9, 2016, and I did receive your response a few months later. Both letter and response are attached.
In this response you mention that 'TERMPOL does not replace any of the existing legislative mechanisms that govern safe and secure shipping in Canada.' However when checking the existing legislation: Canada oil and gas act 1985, Canada shipping act 2001, Marine transportation security act 1994, Marine liability act 2001 (in case of accident) none mentions the shipping of LNG, and the act that comes closest to doing so, the Transportation of dangerous goods Act 1992, does not apply as it ‘does not apply to dangerous goods confined only by the permanent structure of a vessel. (Section (4) (c)).’
Woodfibre LNG, in its letter-to-the-Editor1 published in the Bowen Island Undercurrent on August 12, 2016, mentions these acts as well, but stops short from pointing which sections apply as it seems such sections do not exist or do not apply to LNG tanker shipments.
1 http://www.bowenislandundercurrent.com/opinion/letters/letter-woodfibre-is-transparent-1.2322448 Page 217 of 227 1 Curiously, this letter-to-the-editor also states that 'In addition, we are participating in Transport Canada’s voluntary TERMPOL Review Process. The recommendations of the TERMPOL Review Committee are made public, and Woodfibre LNG is committed to incorporating the review panel’s recommendations into the Woodfibre LNG Project.'
When I was writing my letter dated Sept. 9, 2016, I assumed that we would see the results of this TERMPOL review. As it stands now, understanding from Thomas Rafael's email addressed to you, we won't.
As residents of Bowen Island, West Vancouver and Lions Bay, we are left in the dark when it comes to public safety and the risks LNG tankers pose to our communities, just because the project proponent has decided not to deliver on its TERMPOL promise: an assessment, we, as the public, would most certainly consider to be a minimum, although not independent, LNG tanker and public safety risk assessment by a Canadian Government agency.
For me, as an engineer and a member of the public, I find it most troubling to see that a test to determine the suitability of the LNG tanker routes, similar to the assessment used by the US Coastguard for proposed LNG tanker routes, are simply not available in Canada, and the Canadian test that comes closest – a TERMPOL review - is a voluntary test, a choice for the project proponent can choose not to do.
Troubling too is that such a test is not demanded at the very beginning when suitability of a project is considered. Compare it to the planning of a new sub-division: One checks for existing underground infrastructure - gas lines, water mains etc. - before any line is drawn, not at the very end when the design is finalized and construction is about to start.
Two years after government approvals were given, we, as communities, are still no step closer to clarity what risks LNG tankers pose to the Atl'Kistem / Howe Sound communities of Bowen Island, West Vancouver and Lions Bay. How we are supposed to organize our emergency responses in case of LNG tanker accidents? What communication and shelter infrastructure needs to be in place to protect the public to large methane cloud exposure?
As it stands, the only rudimentary risk assessment for the proposed LNG tanker route in Átl’ḵa7tsem / Howe Sound was done by Dr. Eoin Finn using the LNG Zones of Concern as defined by Sandia National Laboratories for the US Ministry of Energy, followed by a more detailed assessment using the same LNG Zones of Concern zones by Thomas E. Rafael and Peter Williamson (binder delivered to former MP Mr. John Weston). Both assessments formed the bases for a Google Map http://ccbowen.ca/interactive/ that includes locations of schools, critical infrastructure (ferry terminals, Fire halls, Health facilities) and Governments buildings. The map has been viewed over 4,000 times.
As with the earlier concern for Herring spawn around the Woodfibre site and the risks the Woodfibre LNG proposed sea water cooling system would pose to it, we see the same pattern occurring when it comes to the risks LNG tankers navigating the waters of Átl’ḵa7tsem / Howe Sound could pose to public safety: The work, the research and bringing
Page 218 of 227 2 this to the attention of decision makers was done by members of the community who stepped in, when government agencies and politicians dismissed the concerns all together.
So we ask again: Minister, is a risk assessment of LNG tankers associated with the Woodfibre LNG project as they could navigate through Átl’ḵa7tsem / Howe Sound too much of an ask?
Isn’t it about time, now we know that Woodfibre LNG is unwilling to foot the bill of hiring a consultant to do the large cloud methane gas dispersion modeling, for the Government of Canada to pick up the tap and commit to what needs to be done?
I hope you will take this issue seriously, as we most certainly do. This is about the safety of our families and communities for which we will continue to advocate.
Looking forward to your timely reply, I remain.
Sincerely,
Anton van Walraven
Concerned Citizens Bowen 351 Eagles Nest Rd Bowen Island BC V0N 1G1
CC mail and email: -The Honourable Ralph Goodale, Federal Minister of Public Safety and Emergency Preparedness -The Honourable Mike Farnworth, B.C. Minister of Public Safety and Solicitor General CC by email: -Chief Syetáxtn, Chris Lewis, Squamish Nation -Chief K’ána, Deborah baker, Squamish Nation -Chief SxwChálten Iy Xelsilem, Dustin Rivers, Squamish Nation -Ms. Pamela Goldsmith-Jones, MP - West Vancouver- Sunshine Coast - Sea to Sky Country -Mr. Jordan Sturdy, MLA - West Vancouver- Sea to Sky -Mayor and Council of Bowen Island -Mayor and Council of West Vancouver -Mayor and Council of Lions Bay -Mayor and Council of Squamish -Dr. Eoin Finn, Director My Sea to Sky -Mr. Thomas E. Rafael, Barristor & Solicitor (retired) -Ms. Ruth Simons, Executive Director Future of Howe Sound Society
Page 219 of 227 3 From: Bowen Island Municipality To: Hope Dallas Subject: FW: BC Assessment: December Media Campaign - Preview of the 2019 Assessment Roll Date: Wednesday, December 5, 2018 1:41:48 PM Attachments: image015.png image002.png
From: BCA Local Government, BCA:EX
Toll Free: 1-866-valueBC (825-8322) Fax: 1-855-995-6209 Click “Contact us” at bcassessment.ca
December Media Campaign - Preview of the 2019 Assessment Roll
On Thursday, December 6, BC Assessment will be issuing a news release to provide a preview of what property owners in various communities can expect to happen with their 2019 property assessments.
The news release provides 2019 preliminary highlights of changing property assessment values for various areas.
Please share this information in advance with members of your Municipal Council or Regional District Board, and note, the information can not be shared with the media until after December 6.
Details include: · In contrast to previous years, some areas of the province are experiencing a softer real estate market. · The market can best be summed up as showing signs of stability across most areas of the province, with changes in property assessments depending on location and property type. · Assessed values for detached single family homes in many areas of Metro Vancouver may see a decline, while other markets and areas of the province will see increases over last year’s values. · Overall sale volumes are down with higher end markets seeing a general softening in value in many communities. · In contrast, commercial and industrial properties are generally continuing to rise. · Some Metro Vancouver detached single family homes are showing decreases in value of -5% to -10% over last year, including in areas of Vancouver, the North Shore, South Surrey, White Rock, South Delta and Richmond. Other areas are relatively stable or even showing modest increases. · The balance of the province can expect increases of +5 to +15% for single family home assessed values. This includes the Fraser Valley, Vancouver Island, Okanagan and the North. In many parts of central and northern Vancouver Island, values are increasing closer to +20%. In Kitimat, the increases are even greater in response to activity within the resource sector. · The residential strata market (i.e. condominiums) remains strong this year with typical increases of +10 to+20% across most areas of the province. Vancouver, the North Shore and Burnaby increases are slightly less than this range while the eastern Fraser Valley increases may be higher. · Commercial and industrial properties will typically experience continued increases across most of the province in the +10 to +20% range, with some markets around Metro Vancouver up +30%.
The soon to be released 2019 property assessments are based on what was happening in the real estate market as of July 1, 2018.
Again, please note that the above information is not to be shared publicly until December 6.
Page 220 of 227 Early Notification Letters
During December, BC Assessment is providing notification letters to property owners whose assessments are increasing significantly more than the average change within your jurisdiction where applicable.
· We follow this process each December. · Concerned property owners are advised to contact BC Assessment with any questions or clarifications.
Official Release of the 2019 Property Assessments
A reminder that all property owners will receive their annual property assessment notices in early January 2019.
· A more extensive media campaign will occur on January 2, 2019 with more specific details for each community.
· On January 2, BC Assessment’s website will be updated with a variety of 2019 property assessment information including the ability to access, search and compare 2019 property assessments.
· It is important to remember that 2019 property assessments will be based on market activity and property values as of the uniform date of July 1, 2018. To make sure property assessments are fair, they are all calculated based on the same date of July 1st every year. Contacts for any Assistance with 2019 Property Assessments
For more information or any assistance with any media or public queries that you receive regarding 2019 property assessments, please feel welcome to contact your local Assessor for your region:
· Ed Shum, Greater Vancouver Acting Assessor · Laura Schwagele, Fraser Valley Assessor · Tina Ireland, Vancouver Island Assessor · Katrina LeNoury, Thompson Okanagan Assessor · Scott Sitter, Northern BC Assessor · Rod Ravenstein, Kootenay Columbia Assessor
Sincerely,
Michael Spatharakis BA, AACI, P.App Manager, Local Government Customers [email protected] T 1-866-valueBC (825-8322) x 00498 | C 250-208-3508 400 – 3450 Uptown Blvd. | Victoria, BC V8Z 0B9 | bcassessment.ca
Check out the latest posts & share your feedback with us on Community Corner @ https://forum.bcassessment.ca
Page 221 of 227 James Glave Seaview Place Bowen Island BC V0N 1G1
Mayor Gary Anders Councilors Fast, Hocking, Kaile, Morse, Nicholson, and Wynen Bowen Island Municipality Via Email
December 7, 2018
Your Worship and Members of Council,
I am writing to invite you to take action on Bowen Island’s second-largest source of greenhouse-gas emissions: the MV Queen of Capilano.
As an island community that is increasingly in the media spotlight, we are in an unique position to encourage and inspire BC Ferries to join the growing global movement to act on climate change, and begin a fleet electrification program with the vessel that many of us rely on every day.
Our existing ferry could be converted into a fully-electric vessel using safe, cost-effective, and field-proven industrial marine batteries. Doing so would permanently eliminate fuel surcharges, along with roughly the same amount of heat-trapping carbon pollution produced by 1,653 vehicles.
A “Clean Queen” ferry would quickly replenish its batteries during the course of ordinary loading and unloading in Horseshoe Bay, using BC Hydro’s 93+ per cent renewable grid electricity. (Charging infrastructure in Snug Cove would not be needed.)
Our community would not be taking a risk on unproven technology; Norway has already done that for us. In 2001, that nation launched a competition to develop the most environmentally friendly ferry in the world. The result was the Ampere, the first electric car and passenger ferry, which began service in 2015. It was a cooperative effort between the Fjellstrand shipyard,
Page 222 of 227 Norled (one of Norway’s ferry operators), Siemens Gamesa, and Corvus Energy, headquartered in Richmond, B.C.
After three years of service, the 120-vehicle Ampere has reduced operating costs 80% and cut emissions on its route 95%, while lowering operational noise and maintenance. According to Allan Grant, Executive VP at Corvus Energy, its annual return on investment is 26% to 45%, and its payback period is between 2.2 and 3.9 years. (Based on this pilot, the Norwegian Government has ordered an additional 53 fully-electric vessels.)
BC Ferries has dismissed marine-battery technology as not feasible; the company says it needs the flexibility of moving its vessels around various routes; it says only bunker diesel fuel, or perhaps LNG, offers such flexibility. I have undertaken a back-of-the envelope calculation of the total days in the past decade that the company has deployed the Queen of Capilano to another route. The answer? Zero.
As for charging infrastructure, in 2022, BC Ferries will embark on a $250 million Horseshoe Bay terminal redevelopment. This would be a ideal time to incorporate the required associated charging dock. Based on conversations with experts, I’ve learned that the power requirements would likely be less than those for the new condo tower currently under construction in Horseshoe Bay village.
There are other good reasons to act now. The global scientific community recently concluded that we have 12 years or fewer take ambitious action on climate change, or humanity will face truly devastating consequences.
Every level of government must use its influence and levers to act. In the most recent Bowen Island Official Community Plan Update, our municipality established a goal to minimize Bowen Island’s contribution to global climate change. With “Clean the Queen,” we have a rare opportunity to champion a project that will make a significant difference, and ultimately create a lasting legacy in a province that has just renewed its commitment to climate action.
BC Ferries does not have a plan to reduce its contribution to climate change, and does not disclose its fleet’s greenhouse gas emissions. In October, I filed a request for the data under the Freedom of Information and Protection of Privacy Act; I attach the results of that query as Appendix A. We now know that the Queen of Capilano produces 7,719 tonnes carbon dioxide equivalent per year, or more than one-third (36%) of Bowen Island’s annual emissions.
Page 223 of 227 I have also included a chart placing this in the context of our other emissions sources, and for your reference a per capita comparison with a selection of other similar-sized B.C. communities.
Will you please ask BC Ferries to explain why it is not considering electrifying Route 8 to cut costs and help fight the biggest challenge the world has ever faced.
Thank you for your time,
James Glave Seaview Place 604-833- james
Cc: Bronwyn Beairsto, Bowen Island Undercurrent
Page 224 of 227 Appendix 1 - Freedom of Information and Protection of Privacy Act Response
Page 225 of 227 Appendix 2 - Bowen Island Greenhouse Gas Emissions, by Source Category
Sources: Province of British Columbia, Community Energy and Emissions Inventory (CEEI) 2012, BC Ferries
Page 226 of 227 Appendix 3 - British Columbia Smaller and Rural Communities Emissions, Per Capita
Sources: Province of British Columbia, Community Energy and Emissions Inventory (CEEI) 2012, BC Ferries
Page 227 of 227