— by Matthew Gilbert, Orcas Issues reporter —

Nearly 40 people packed the County Council chambers and an adjacent room for the Commissioner’s regularly scheduled meeting on November 5. Most hailed from Orcas, their purpose to advocate for a vacation rental (VR) moratorium that was the culminating takeaway of three public meetings on Orcas Island.

As VR Working Group Chair Yonatan Aldort noted before the meeting, “To date, the county supervisors have done very little to address the moratorium requests that have already come from the community, especially from the county’s own advisory committees (both the Eastsound and the Deer Harbor Planning Review Commissions). Perhaps it’s inertia. Perhaps it’s reluctance to try something new. In any case, the time is right to change the trajectory of vacation rental permit approvals, and the best vehicle to start that process is a county-wide moratorium.”

In describing the run-up to attending the meeting en masse, Toby Cooper of the VR group added that, “Our message to the council is clear. We are here to demonstrate widespread public support for positive change. This is not about taking away property rights or punishing honest property owners. Rather, it’s about the future. It’s about deciding what kind of island home we want San Juan County to be. And it is not too late to start.”

And given that Commissioner Rick Hughes of Orcas has made clear his resistance to such an action, the mountain went to Moses.

A Litany of Concerns

After a few brief formalities, Commissioner Jamie Stephens opened the Public Comment period by stating that, “We won’t be engaging in discussion but may have questions.” Nearly 20 people took advantage of the opportunity to speak about their concerns regarding VRs, along with a few who opposed the idea of a moratorium.

Jennifer Barcelos, staff attorney for Friends of the San Juans, began by announcing that a week-old petition asking the Council to immediately suspend the issuance of new VR permits had already gathered over 800 signatures (now closing in on 1,000) along with 50+ comments. “We need new regulations that meet the public need,” she said. “Yes, there are economic benefits, but over half of all VR ownership is off-island, and it’s causing numerous problems.”

“The Council is in a key position,” said Cooper. “We’ve done a lot of work for you on this issue and there’s a kind of rainbow coalition behind us. Let’s work together on this.” Pierrette Guimond, a candidate for Port Commissioner, said it was “time for the Council to listen to the people.”

Michael Riordan reminded the Council thatyou ignored public input resisting a sidewalk on Haven Rd. even though each of these townhouses has accessory space for a possible VR permit. I also know of an instance where nine people were staying in a two-bedroom VR home. Realtors are marketing to clients with misleading claims of legal unit capacities. A moratorium is a moderate, imminently reasonable solution to sort all this out.”

Carl Butke, a retired consulting engineer, noted that, “current septic regulations allow for two people per bedroom, but when a house converts to a VR, you can add three more people! We need some control over this. Use a moratorium to develop new regulations to bring VRs into compliance with county health standards.”

While Penny Bucky acknowledged that, “Tourism is the price we pay to live is such a beautiful place,” she challenged the notion that VRs are “pro-business.” “I talked to some business owners,” she said, “and discovered that some local hotels have lost 20 – 25% of their business. Rosario hasn’t had sufficient staff to provide full services and are turning people away. Ship Bay may not serve Thanksgiving dinner because they are short on staff. Rose’s has an ongoing need for help.”

Craig Carpenter is one of those local innkeepers (owner of Deer Harbor Inn since 1982) losing business to the proliferation of short-term VRs. “In all the years I’ve been here,” he said, “VRs have been my biggest challenge. Just in the last few years, my occupancy has dropped from 61% to 55% to 49% to 44%. It’s worse than during the recession.

“At the same time, I have to comply with state regulations, standards, and inspections while VRs have no such operating costs or requirements.”

Among the few who challenged to need for a moratorium, one woman shared that, “I own a guest cottage that’s in full compliance. Without it, I could not live on Orcas. One of the proposals being floated is to prevent the transfer of a permit upon sale of a VR. This is my health care plan. I likely couldn’t sell it without such a permit.

“I feel that the current discussions have been biased by the VR working group. We need to take into consideration all factors and perspectives.”

Said Karen from San Juan: “We’ve had a 30-year dream to move here and did all the right things in creating a VR to help us do that. The moratorium would affect our property rights. The County already has the means to manage the issues raised here. I hear nothing that suggests there’s an emergency.” Echoing an inaccurate assumption still held by many, “Homes that are typically VRs are higher end and don’t displace affordable, long-term housing.” [An estimated 27% of all VRs have an estimated value of less than $400k; see previous article in this series.]

“At a minimum,” she concluded, “we need to hear from all the islands.”

We’re at a tipping point here on the island,” said Tiffany Looney. “There are lots of opportunistic off-island buyers and developers. Where is the right balance? We’re losing our environment, our rural sense, and our communities.”

Bob Gamble urged the commissioners to act quickly.We once banned jet skis, the only county in the state. We dealt with it before the problem became too big. Don’t waste time with more committees to study this. Just do it!”

Stephanie Buffum, executive director for Friends of the San Juans, asked “What will our islands look like if we do nothing to address this? Friends has heard from many regarding negative impacts on sewage, noise, housing, infrastructure, and emergency responder overwhelm as well as threats to rural character and sustainability. Once natural landscapes get trampled, they don’t come back. There are currently no limits to the number of potential VRs in this county.”

She added that the Shaw Island subarea plan bans VRs.

Lastly, Kimberly Secunda, a member of the housecleaning industry, spoke about the challenges of finding a sustainable living situation on Orcas.I speak for the labor force that takes care of these rentals, that ends up dealing with lots of health department issues,” she said. “When you are seasonal labor, you suffer from a lot of insecurity, lots of displacement. There’s a layer of social and economic shadow in this county.”

We’re ahead of the ball.”

A lot was aired in an hour, much of which had been heard before. But it barely dented a recalcitrant Council that seemed to have made up its mind well before the session began. “I attended all three meetings [on Orcas],” said Rick Hughes, “and there’s a lot to consider. I appreciate those who don’t agree with a moratorium, who have questioned a process that has given less space to those in opposition. But until we can find new and more ways to bring more revenue to our community, we’ll keep doing code enforcement and let the new 2019 VR ordinance [Ordinance No. 02-2018] play out. The 60+ permits we issue next year will likely be offset by the same number of out-of-compliance units getting their permits revoked.”

“We spent 18 months trying to tweak the current regulations,” said Jamie Stephens, “and it’s generating a lot of fines. There are also ways to deal with bad neighbors, though property tax statements make it hard to identify off- and on-island owners.”

Bill Watson seemed especially unmoved. “I’ve heard a lot of urgency, but you’re about a year late. We’ve been proactive. We looked at every issue for 18 months, had public hearings (with little public input), and came up with a fair and balanced group of new regulations. I would love to see something that we can actually implement. You need to examine what you are asking us to do, provide a list of possible regulations, and make sure it’s in our authority to do them. You did us a disservice by not acknowledging the work we have already done on a complex issue. We serve at your discretion, but regarding this issue, we’re ahead of the ball.”.

What’s next?

So there it is. Orcas Islanders, acting somewhat independently but facing a higher proportion of disruptive impacts (one-sixth of all residential units on Orcas – more than 500 – are VRs), aren’t satisfied with the precision and effectiveness of those new regulations. The Commissioners are standing by them, content to let the chips fall for the foreseeable future. And yet the grievances and impacts will continue to pile up, and it’s anyone’s guess when or if the tide of VRs externalities will start to turn. There is no cap on permits nor are there locational restrictions, septic systems will continue to be stressed, and, under GMA rules, the Eastsound UGA must accommodate at least 50% of new island growth while the majority of new residential units are onboarding with VR priority.

The new ordinance does reflect substantial effort and is certainly a step in the right direction, but only a step. Additional resources provided by the DCD (Department of Community Development), and the intended integration of VRs into the current Comp Plan update, are additional signs that the issue is being taken more seriously. But larger concerns about their impacts on housing, community cohesiveness, rural character, and the island’s carrying capacity, are yet to be addressed – but could be by a moratorium.

Who or what would a moratorium actually hurt? A handful of potential VR owners, most of whom would likely be living elsewhere. And the county’s budget line item for VRs might stall for a time. But these seem small prices to pay given what’s at stake and what is now known. At this point in the process, it’s beginning to look like a faceoff between the needs of the few and those of the common good – which doesn’t preclude imaginative solutions.

The VR group, with considerable public backing, has made a strong case for a moratorium, at least for Orcas Island. With the impacts of VRs expected to accumulate, an updated ordinance is inevitable – or should be. And given the often glacial pace of such changes, why not start now, with renewed intention and a collaborative structure? The clock is ticking.

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