Municipality of Northern Bruce Peninsula SPECIAL Council Meeting Minutes April 15, 2019: Short Term Accommodations


MEMBERS PRESENT: Mayor Milt McIver, Deputy Mayor Debbie Myles, Councillor Laurie (Smokey) Golden, Councillor James Mielhausen, Councillor Megan Myles
STAFF PRESENT: Bill Jones, Chief Administrative Officer, Mary Lynn Standen, Clerk, Tessa Townson, Administrative Assistant, Teresa Shearer, Treasurer, Troy Cameron, Public Works Manager, Wendy Elliott, Chief Building Official, Carol Hopkins, By-law Enforcement Officer
OTHERS PRESENT: Mr. Michael Wynia, Skelton Brumwell and Associates Inc., Mr. Michael Smith, Planning Consultants; Development Coordinators Ltd., Alex Smith, Planning Consultants; Development Coordinators Ltd
Mayor McIver called the meeting to order at 9:01 a.m. and Council members were reminded to disclose any pecuniary interest and general nature thereof that may arise during the course of the meeting.
Councillor Myles declared a conflict of interest in respect to Agenda Items #1-3 because she owns/operates a short-term accommodation business (designated currently as a B & B) in the municipality. She advised that she sought advice from the Integrity Commissioner on this matter which is pending but, she wishes to declare as a precautionary measure, and will re-enter the discussion in future meetings if the IC determines it’s appropriate for her to do so.
Moved by L. Golden Resolution #11-01-2019 Seconded by D. Myles
THAT the content of the agenda be approved as presented. Carried
There are no minutes to adopt for Special Council Meeting No. 19-11, April 15, 2019.
There is no Public Meeting for Special Council Meeting No. 19-11, April 15, 2019.
There is no Delegation for Special Council Meeting No. 19-11, April 15, 2019.
Having declared a potential conflict of interest, Councillor Myles excused herself from the Council table and took a seat in the audience.
The CAO provided context on today’s meeting including the format and intent of the subject being discussed. He stated the following:
four (4) years ago, a survey was undertaken regarding short term accommodations (STA’s)
STA’s have increased with the growth of online rentals
Council confirmed that addressing STA’s was a priority at the December 18, 2018 council meeting
Staff has created an extensive database with over 570 STA’s in the Municipality
a request for proposals (RFP) was prepared and two (2) consultants are at today’s meeting to speak
today’s meeting is preliminary and there is no preconceived notion as to regulations or the governance of STA’s
Mayor McIver informed the public that the meeting today is not a public meeting and any questions/comments can be emailed to the Clerk and will be published on a future agenda. He mentioned that there will be an opportunity for public input during public meetings in the future.
Councillor Myles declared a conflict of interest with respect to the next three (3) items on the agenda and did not participate in this portion of the meeting.

1 Treasury Department Report No. TR 19-14
RE: Municipal Accommodation Tax (MAT)
The Treasurer summarized the report for Council, including that municipalities have the ability to implement municipal accommodation tax, the legislation is fairly open as to the types of STA’s you can tax and several municipalities have already implemented the MAT.
The Treasurer advised that an agreement would need to be put in place between the tourism organization(s) and the Municipality as to how the funds would be spent and that a tourism group is required to be registered as not-for-profit.
The Treasurer was requested to clarify the process if a not-for-profit tourism group does not wish to partner with the Municipality in the establishment of the MAT.
Council agreed that they would need a firm plan as to what the tax funds would be used for in order to justify the tax.
The CAO is to bring back further information including how other municipalities are handling municipal accommodation tax.
Moved by D. Myles Resolution #11-02-2019 Seconded by J. Mielhausen
That Council receives Treasurer’s Report TR19-14 as information regarding the authority to implement a Municipal Accommodation Tax for short-term rentals. Carried

By-law Enforcement Officer Report No. MLEO 19-05
RE: Data obtained for Short Term Accommodations (STA) within the Municipality
Considerable discussion ensued in regards to the database obtained by the By-law Enforcement Officer. Mrs. Hopkins informed Council that she has obtained additional rentals to add to her database since the report was presented to Council on April 8, 2019.
Mayor McIver recommended that anyone with information on short-term rentals should contact the By-law Enforcement Officer.
Moved by L. Golden Resolution #11-03-2019 Seconded by D. Myles
THAT Council referred MLEO Report 19-05 as information on data obtained for Short Term Rental Accommodations (STA) within the Municipality to its 15APR19 Special Council Meeting.
There was a break in the meeting at 9:34 a.m.
The meeting reconvened at 9:56 a.m.

Chief Administrative Officer Report No. CAO 19-11
RE: Short Term Accommodations (STA’s)- Consultant Selection
Mr. Michael Wynia, Senior Planner and Partner at Skelton Brumwell and Associates Inc., began his presentation on STA policy and regulation implementation. He presented his experience and qualifications followed by an introduction of the SBA team members including Kristen Sullivan who was present at the meeting.
Mr. Wynia advised that the team would also develop a website for the project allowing the public, specifically seasonal residents who do not have a primary residence in NBP, the opportunity to provide input throughout the project process. He also emphasized the importance of staff involvement in the process.
Mr. Wynia explained that STA’s can create opportunities for municipalities if issues are addressed. He then emphasized implementing practical, innovative and efficient solutions using public input with a focus on reducing costs.
Mr. Wynia provided a brief outline of the STA process, start to finish. He and Council discussed using licencing as a solution and implications for the Municipal planning documents. Mr. Wynia also spoke on a municipal accommodation tax. Council conversed with Mr. Wynia on the common complaints received about STA’s in NBP and the means of addressing those complaints with a solution.
Mayor McIver thanked Mr. Wynia for his presentation.
There was a break in the meeting at 10:50 a.m.
The meeting reconvened at 10:56 a.m.
Messrs. Michael Smith and Alex Smith, Planning Consultants; Development Coordinators Ltd., then appeared before Council. He presented his background and qualifications as well as types of clients and introduced his colleague, Alex Smith.
Mr. Michael Smith then described the history of STA’s and the growth they have experienced over the years with the increase specifically in the on-line presence such as Air BNB.
Messrs. Smith presented a thorough summary and comparison of the STA project they are leading in the Town of Georgina which may draw similarities to a project in NBP. Topics discussed consisted of a licensing by-law, LPAT, technical advisory committee (composed of municipal staff) and the STA project process. The STA project process was outlined for Council, proposed to begin in May of 2019 and finish around April 2020 with a complete STA framework.
Considerable discussion ensued between Council and the consultants. Discussion included the process of licencing, liability, staffing, enforcement and legal opinions.
Mayor McIver thanked Messrs. Smith for their presentation.
Mayor McIver instructed the CAO to prepare another staff report for Council’s consideration and advised that no decision will be made regarding consultant selection until after the report is received. The CAO indicated that the report may not be ready until the May 13, 2019 Council agenda. Mr. Jones expressed the importance of hiring a consultant to guide the STA project process.
Moved by J. Mielhausen Resolution #11-04-2019 Seconded by D. Myles
THAT Council receives CAO Report No. 19-11 in regards to consultant selection for Short Term Accommodations (STA’s), as information. Carried
Councillor Myles resumed her place at the Council table.
There was no Other Business for Special Council Meeting No. 19-11, April 15, 2019.
There is no Correspondence for Special Council Meeting No. 19-11, April 15, 2019.
Moved by J. Mielhausen Resolution #11-05-2019 Seconded by L. Golden
THAT the following listed by-law be given 1st, 2nd and 3rd reading and enacted:
There is no Closed Session for Special Council Meeting No. 19-11, April 15, 2019.
There is no Closed Session for Special Council Meeting No. 19-11, April 15, 2019.
Moved by M. Myles Resolution #11-06-2019 Seconded by D. Myles
THAT the meeting adjourns at 11:51 a.m.