Neighbours say this home at 5 Bayview Cres. continues to operate as a supportive recovery centre, even though there has been no rezoning or business license approved. (Richard McGuire photo)

Neighbours of an unlicensed supportive recovery facility for recovering drug addicts in the Goodman Park area are taking a wait-and-see approach on what happens next.

Council is currently considering comments made by some of the more than 40 town residents who attended a public hearing on April 16. Most opposed a change to the town’s zoning bylaw to allow unlicensed recovery facilities to operate in residential neighbourhoods.

Council is expected to discuss the matter next at its May 7 regular council meeting.

The Brandon Jansen Foundation has informed the Town of Osoyoos that it plans to abandon efforts to operate its facility at 5 Bayview Crescent, opposite Goodman Park.

The statement followed a town inquiry as to whether the facility was already operating before zoning and a business license were in place. The town received at least two formal complaints from neighbours about the facility already operating.

The foundation maintains that the house was only being used for residential purposes.

Lyle Warmington, who lives with his wife Margaret next to the facility, said he’s pleased with the number of people who attended the hearing and he believes council gave the residents a fair hearing.

Nonetheless, he maintains the facility is continuing to operate and he believes it currently has two clients.

“We’re willing to give them the benefit of the doubt and say that they will leave at the end of the month,” he said. “We don’t want to get overly zealous on things. If they stay until the end of the month and then they pack up and leave – well terrific.”

Warmington said he kept a log of the comings and goings of the facility’s staff and their departures and returns with the two clients on outings. He also photographed some of those incidents and provided this information to the town.

He noted that staff makes a point of parking at Goodman Park across the street rather than at the house.

“There are two cars that stay overnight across the street at the park, so they’re obviously trying to hide the fact that they are occupying the house,” he said.

The Osoyoos Times has interviewed several confidential sources, including two who have been inside the house, who also confirm there have been clients staying in the house.

Warmington said the Brandon Jansen Foundation’s claim that the house is only being used for residential purposes is untrue.

“If they were renting out rooms, why would they need to rotate staff on eight-hour intervals and have guys stay overnight to look after the residents?” he asks.

Warmington said he was disappointed that the town chose only to write to the foundation rather than to send a bylaw officer to investigate.

The Warmingtons maintain that they are not simply being NIMBYs (not in my back yard) and that they understand the need for properly licensed supportive recovery facilities in appropriate locations.

Their own family has faced tragedy as the result of drug addiction.

Warmington said he feels special sympathy for the two clients, both males, who he estimates to be in their 20s.

“I feel so bad for these guys because of what is going to happen to them if they’re halfway to recovery and all this turmoil comes about,” he said. “I just can’t imagine.”

The town’s proposed bylaw would only cover facilities that are not licensed by the province under the Residential Care Regulation of the B.C. Community Care and Assisted Living Act.

That act trumps any municipal zoning meaning that the town can’t regulate the location of provincially licensed facilities.

Town administration was not aware when the bylaw was drafted that the provincial regulations were amended in 2016 to add residential care for those dealing with substance dependence.

Interior Health says the Brandon Jansen Foundation was turned down for a license because it didn’t meet requirements.

“In November 2017, we received an application for a residential care facility from the Brandon Jansen Foundation,” said Aaron Miller, corporate director, population health, with Interior Health in a written statement.

“The application was assessed and it was determined the proposed services did not meet the threshold for a residential care license. The applicant was encouraged to consult with the Assisted Living Registry.”

At the time, the Brandon Jansen Foundation was attempting unsuccessfully to establish a facility in Penticton.

RICHARD McGUIRE

Osoyoos Times