94 TALCOTT RD TEMPORARY USE PERMIT – PUBLIC HEARING

RECOMMENDATION:

THAT Council by resolution approve Temporary Use Permit 2017/01 to permit the use of the facility at 94 Talcott Rd for Transient Residential uses until March 31, 2018;

AND THAT Temporary Use Permit 2017/01 include the following conditions:

• If monthly member responses by the RCMP increase at a rate deemed to be unacceptable by Council (currently at approximately 6 calls per month based on 2016 figures), the permit may be revoked.
• If Council perceives that there is an unacceptable risk to the neighbourhood residents, to Town staff, to RCMP members, facility staff or residents, the permit may be revoked
• The total number of residents at the facility is not to exceed 50, and all residents shall be accommodated indoors
• Facility does not accept new residents after September 15, 2017
• Facility must be vacant of residents on December 31, 2017. A performance bond in the amount of $25,000 is to be provided by April 10th to ensure that the site is decommissioned on the date specified. In the event that the site is not decommissioned, the bond is forfeit.
• Security personnel must be available on and off site between the hours of 7:00am and 11:00p.m seven days a week. Foot and bicycle patrols shall be used
• Monthly meetings with Town residents, Choices staff, RCMP and Town staff (as necessary) must take place
• The Choices Director of Housing Provide a monthly report to Council outlining the resident intake, discharge, and staff training undertaken, patrol status, and a monthly meeting summary
• That the Town take security in the amount of $25,000 to pay for overtime calls taken by Westshore RCMP and the Town of View Royal Protective Services.

CHIEF ADMINISTRATIVE OFFICER’S COMMENTS:

I concur with the recommendation.

DIRECTOR OF PROTECTIVE SERVICE’S COMMENTS:

I concur with the recommendation.

DIRECTOR OF DEVELOPMENT SERVICE’S COMMENTS:

I concur with the recommendation.

PURPOSE OF REPORT:

To present the application for a Temporary Use Permit for 94 Talcott Road. The application, if approved after public notice at a Council meeting, would facilitate the use of the site for transit residential use for up to one additional year by Choices Transitional Housing.

BACKGROUND DISCUSSION:

The site is currently zoned for a youth correctional facility and had been used for that purpose for several years, with a purpose-built facility on site. The site was deemed surplus for that use recently and the province has made inquiries about potential future use of the site over the past few years.

In the interim, the housing and shelter situation reached a crisis point in the Capital Regional District in 2016. A downtown site adjacent to the Courthouse became a temporary tent city. The province, with their responsibilities for housing acquired several sites to address the issue of homelessness, those who are precariously housed, and housing with low barriers. In the meantime, a few sites were identified and are being used or operated as transitional housing sites while the other sites are undergoing renovation. The site at 94 Talcott Road is one of the sites that is being used for this purpose on a temporary basis.

The Town’s Official Community Plan allows consideration of Temporary Use Permits anywhere in the Town. The Local Government Act speaks to municipalities having the ability to authorize a temporary use permits. Temporary Use Permits are a flexible tool for local governments that allow a Council to consider the temporary use of a site, and to include conditions of use and what, if any securities are required (and in what form security should be provided) to ensure that the conditions are met. Temporary Use Permits may be issued for a period of up to three years, with the potential to renew the permit for up to an additional three years. Any renewal of a permit would need to be considered before the original permit expires, and Council has absolute discretion with respect to the length of any renewal.

That said, local government has the authority to refuse a permit, or to allow it for a lesser time. One of the unique features of Temporary Use Permits is the ability of Council to incorporate conditions of use into the permit.

ISSUES FOR DISCUSSION:

The application from the Provincial Rental Housing Corporation requests consideration of a Temporary Use Permit for a one year period, to conclude on March 31, 2018. The facility is operated by Our Place Society, and the facility currently houses 50 people at a time. The letter from the applicant (Attachment 3) outlines the services that are offered on site and outlines the rationale for extending the use for an additional one year period. Comments from the RCMP and The Director of Protective Services are also attached to this report (Attachments 1 and 2). These reports highlight some of the challenges that have been encountered with respect to this use along with some of the progress that has been made.

On Wednesday, March 29 Town staff met with Malcolm McNaughton, the Director of Regional Development for Vancouver Island Development and Asset Strategies at BC Housing. He supplied Town staff with the attached summary (Attachment 4) addressing current issues and concerns and a timeline for transitioning the site away from the transient residential use proposed in the Temporary Use Permit. The key issues are addressed here:

Safety and Security

Current neighbourhood concerns are mainly focused on facility resident and associated activity away from the facility; particularly along the Galloping Goose and around nearby residences where drug deals, drug use and theft occur. BC Housing proposes the following changes:

• In addition to the current single external security patrol person on duty from 7am to 7pm, there will be an additional external security person on duty from 3pm to 11pm
• The pattern of security patrols will be randomized to reduce the predictability of security presence around the facility
• BC Housing has indicated that there will be an addition of bicycle patrols, but no indication of the number frequency

Police Response

Westshore RCMP have noted that, when the facility operated as the Victoria Youth Custody Centre (YCC), one member was sufficient to respond to the facility. At the Choices facility, three members are now required to respond to what the RCMP describes as "...an insecure facility, numerous instances of weapons, and staff with minimal training in mental health."

• In 2012 as the YCC there were 26 files, 29 members were engaged and 10 hours and 7 minutes of member time was involved.
• In 2013 as the YCC there were 18 files, 23 members were engaged and 5 hours and 37 minutes of member time was involved.

Since the opening of the Choices Facility in February 23, 2016 until February 16, 2017 there have been 76 files involving 104 hours and 33 minutes of member time. As the three-member response requirement was not in effect until December 2016, the member hours moving forward will be significantly more per year.

Comments from the RCMP suggest that security being available to address issues within the facility may lead to a reduction in police calls for non-emergency situations (such as evictions of a resident). Many of the calls relate to intoxication and could be dealt with at a staff level where staff have proper training. The intent of the condition relating to security is that security staff be available to assist both inside and outside the facility.

Training of Choices Staff

Our Place requires the following training of Choices staff:

• Non-violent Crisis Intervention Training (2-day course)
• Occupational Health and Safety Training
• First Aid

BC Housing notes that some of the Choices staff are social workers and many have diplomas in Mental Health and Addictions, and the Director of Housing has “extensive experience working with agencies caring for people with substance use issues, mental health challenges, poverty and homelessness”.

It may be useful to consider requiring that all staff working at the facility be required to have training in mental health and addictions issues as well as de-escalation training.

Facility Policies

Weapons The Our Place Society has a policy for weapons:

No weapons, knives, pepper spray, guns, mallets or objects determined by staff to be weapons, are not allowed onsite. Locked storage is available for these items (excluding guns). Weapons violations will result in a minimum 24 ban (Level 2). RCMP will be contacted if any guns are believed to be onsite.

Drug Use Choices is a ‘wet’ facility, meaning that substance use is permitted at the facility. Our understanding is that drug use is permitted in residents rooms, and can occasionally be found in common areas. Facility policies with respect to alcohol are unclear and it appears that many police calls are related to intoxication. One overdose death occurred at the facility in January of 2017.

Resident Intake and Discharge At intake, BC Housing has indicated that every resident undergoes a Violence Risk Assessment, and at discharge they undergo a Vulnerability Assessment to determine the best housing for their needs. BC Housing has no objective outcome measures for success in place.

Pets CRD Animal Control is involved in managing dogs on the site. Dogs must be under control and on leash when in any common areas. They are permitted to be off leash in residents rooms.

Communications BC Housing has indicated that a ‘work around’ has been developed to address the CREST Radio system challenges within the facility at Choices. The radios would not work in the facility, but apparently are working now. In light of ongoing officer safety concerns with respect to the radio system, the RCMP detachment sends three members to calls at the facility, and this issue is unlikely to be resolved permanently during the period of the Temporary Use Permit.

Transition Plan

BC Housing has indicated that no new residents will be accepted at the facility after September 30, 2017 and that the facility would be vacant by December 31, 2017. The transition of residents will be as follows:

• Residents of Choices will undergo a VAT (Vulnerability Assessment Tool) to assist in their individual case planning and determine the best type of housing based on their needs. For many residents the VAT is already done.
• A date will be determined when vacancies at Choices will no longer be filled. We anticipate this will be 3-4 months prior to Choices winding down.
• Weekly meetings with Victoria Housing providers will be initiated to identify Choices residents for housing vacancies that come available.
• Many of the residents from Choices will move directly to new housing resources when renovations are complete.

ANALYSIS:

In making a decision whether to extend the use of the facility until March 31, 2018, Council must weigh the balance of the necessary regional public health response, in the midst of a regional housing and drug crisis, with the reasonable expectations of the safety and security of View Royal residents, staff, first responders, and facility residents.

The short timeline for resident discharge is a strong reason for extending the use of the facility. Equally, there is the question as to whether the Town and the RCMP should bear the costs associated with a facility with inadequate security and staff training. Under the current zoning the Town and its residents have an expectation that the negative external impacts of the site are minimal.

Staff recommends that performance measures be established as conditions of the permit, and that they be largely subjective in scope:

• If monthly member responses by the RCMP increase at a rate deemed to be unacceptable by Council (currently at approximately 6 calls per month based on 2016 figures), the permit may be revoked.
• If Council perceives that there is an unacceptable risk to the neighbourhood residents, to Town staff, to RCMP members, facility staff or residents, the permit may be revoked.

Additional conditions attached to the permit are recommended as follows:

• The total number of residents at the facility is not to exceed 50, and all residents shall be accommodated indoors
• Facility does not accept new residents after September 15, 2017
• Facility must be vacant of residents on December 31, 2017. A performance bond in the amount of $25,000 is to be provided by April 10th to ensure that the site is decommissioned on the date specified. In the event that the site is not decommissioned, the bond is forfeit.
• Security personnel must be available on and off site between the hours of 7:00am and 11:00p.m seven days a week. Foot and bicycle patrols shall be used
• Monthly meetings with Town residents, Choices staff, RCMP and Town staff (as necessary) must take place
• The Choices Director of Housing Provide a monthly report to Council outlining the resident intake, discharge, and staff training undertaken, patrol status, and a monthly meeting summary
• That the Town take security in the amount of $25,000 to pay for overtime calls taken by Westshore RCMP and the Town of View Royal Protective Services.

RECOMMENDATION:

THAT Council by resolution approve Temporary Use Permit 2017/01 to permit the use of the facility at 94 Talcott Rd for Transient Residential uses until March 31, 2018;

AND THAT Temporary Use Permit 2017/01 include the following conditions:

• If monthly member responses by the RCMP increase at a rate deemed to be unacceptable by Council (currently at approximately 6 calls per month based on 2016 figures), the permit may be revoked.
• If Council perceives that there is an unacceptable risk to the neighbourhood residents, to Town staff, to RCMP members, facility staff or residents, the permit may be revoked
• The total number of residents at the facility is not to exceed 50, and all residents shall be accommodated indoors
• Facility does not accept new residents after September 15, 2017
• Facility must be vacant of residents on December 31, 2017. A performance bond in the amount of $25,000 is to be provided by April 10th to ensure that the site is decommissioned on the date specified. In the event that the site is not decommissioned, the bond is forfeit.
• Security personnel must be available on and off site between the hours of 7:00am and 11:00p.m seven days a week. Foot and bicycle patrols shall be used
• Monthly meetings with Town residents, Choices staff, RCMP and Town staff (as necessary) must take place
• The Choices Director of Housing Provide a monthly report to Council outlining the resident intake, discharge, and staff training undertaken, patrol status, and a monthly meeting summary
• That the Town take security in the amount of $25,000 to pay for overtime calls taken by Westshore RCMP and the Town of View Royal Protective Services.

SUBMITTED BY: J. Davison, Planner

REVIEWED BY: L. Chase, Director of Development Services

ATTACHMENTS:

1. Comments from the Director of Protective Services
2. Comments from the RCMP
3. Letter from CitySpaces Consulting on behalf of BC Housing
4. BC Housing Issues Summary