Municipality Of Northern Bruce Peninsula August 25, 2019 SPECIAL Council Meeting Minutes (Short Term Accommodation Study Workshop)

500

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 (Lion’s Head workshop only), Cathy Addison, Deputy Clerk (Tobermory workshop only), Wendy Elliott, Chief Building Official

OTHERS PRESENT: Michael Wynia, Partner, Skelton Brumwell & Associates Inc.

DISCLOSURE OF PECUNIARY INTEREST AND GENERAL NATURE THEREOF

Mayor McIver called the meeting to order at 1:02 p.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 Item #5 as she owns and manages tourist accommodation (hostel) in the Municipality of Northern Bruce Peninsula. 

APPROVAL OF THE AGENDA

Moved by J. Mielhausen Resolution #25-01-2019 Seconded by L. Golden

THAT the content of the agenda be approved as presented. 

Carried

ADOPTION OF THE MINUTES

There are no Minutes to adopt for Special Council Meeting No. 19-25 August 25, 2019.

PUBLIC MEETING

There is no Public Meeting for Special Council Meeting No. 19-25, August 25, 2019.

Councillor Myles took her place in the audience at this time. 

Mayor McIver commenced the meeting with introductions of Council and Municipal staff present.

DELEGATION

1. 1:00 p.m. Lion’s Head – Short Term Accommodation Study Public Information and Workshop facilitated by Michael Wynia, Partner, Skelton Brumwell & Associates Inc.

Mayor McIver introduced Mr. Michael Wynia, Partner at Skelton Brumwell and Associates, who Council hired as a consultant to undertake the Short Term Accommodation project. 

Mr. Wynia thanked Mayor McIver and then introduced his colleagues.

He advised that it is Council’s wish to get initial input from the community and this meeting is one of the opportunities available for public participation. He reminded that what is decided must suit the community. He noted that there are other municipalities addressing the matter of short term accommodation. 

Mr. Wynia then reviewed the PowerPoint presentation with the audience including the project timeline and the dedicated website as follows:

Welcome and Overview of the meeting:

Purpose of workshops

What are STAs

Why regulate STAs

Benefits and issues

Roundtables

Mr. Wynia advised that the dedicated website offers home, background, survey, events and forum calls to action buttons. He indicated that two (2) weeks’ notice will be given when the survey deadline is established and he then spoke to the purpose of the forum. He reminded that this is the initial information gathering stage that we are presently in. 

Mr. Wynia proceeded to explain the informal definition of “short term accommodations”. He then addressed the matter of why STAs could be regulated. On the positive side, Mr. Wynia spoke to the benefits and opportunities associated with short term accommodations such as tourism, economic development, income for homeowners and support to/for local businesses. 

The matter of issues and concerns associated with STAs was then outlined specifically as noise, septic system capacity, dwelling capacity, public safety, parking, waste disposal and other Municipal services and the location of STAs. 

Mr. Wynia suggested moving into the roundtable portion of the meeting and asked those present to congregate at four (4) tables. He noted that he is not here to talk, but rather to listen. He offered to take questions at this point and the following discussion occurred as the audience preferred this method of discussion over the roundtable concept:

it was noted that the complaint summary was not broken down geographically and it was gathered from by-law enforcement information pre-dating the short term accommodation study and, in fact, the numbers do not reflect multiple complaints at the same property

current complaints are being tracked more comprehensively now

explanation of the term, “residential character”, was given

matter of these rental units being empty outside the shoulder and summer season

rental units are not contributing to bolster the school population

we are collecting issues today to find solutions for later

Zoning By-law does not address STAs so that by-law will need to be looked at as a possible solution

when a use is silent in the Zoning By-law this means that it is prohibited which, in this case, STAs are not allowed

would STAs be grandfathered if a new Zoning By-law is enacted, the use has to be legal in the first place, so STAs would not be grandfathered in a new Zoning By-law

owner supervision raised as a significant problem

stated that the Municipality and OPP need to address the problems created by STAs and do inspections

regulations may create a burden for some, but standards need to be established

noise by-law is difficult to enforce

noted that the “bad” operators do not attend meetings such as this one

“good” operators are not likely to be reported, it is the “bad” operators that will be

need teeth in the enforcement

spoke to bed and breakfast provisions in the Zoning By-law 

noted that NBP does not have a business licensing by-law in place

comment made that bed and breakfast establishments are not necessarily causing any problems

reminded that there will be a cost for enhanced enforcement while being fiscally responsible to all of the taxpayers

By-law Department does not enforce and only works daytime hours 

by-law enforcement is a problem and no one ever enforces the ATV by-law

enforcement is a critical issue

“bad” operators’ motive to purchase dwellings for short term accommodation purposes is purely for the money

spoke to issues with the survey on the dedicated website, noted that this has been rectified

stated that the consultant will contact authors (survey/forum) if they need interpretation

suggestion of two (2) classes of licences, weekly and daily

serious need to protect long term rentals from STAs to ensure housing is available in the community for people living or moving here

mentioned that STAs could be required in areas of normal housing stock or recreational areas, the areas would need to be established

concern about the proposed language of the regulations and a preference noted that STAs not be regulated

some STAs with absentee landlords are monitored by friends, relatives and neighbours or hired companies

regulations/language should be open to public consultation

all STAs should post a rental package that could include all rules, by-laws, etc. and an acknowledgement signed by the renter indicating that he/she reviewed all of this

distinct difference between on and off-site landlords/owners

suggested that tiered regulations be considered

some STA owners live in basement of dwelling and rent the main floor

discussion regarding a proposed deposit fee (with penalties for infractions and loss of that fee and after, say, 3 complaints, the licence is suspended)

deposit fee needs to be substantial while the actual licence does not

worry expressed about the community relating to schools, doctors, etc.

Mayor McIver expressed his gratitude to those present for the valuable input that was provided. 

Councillor Myles resumed her place in the meeting. 

Council then recessed the meeting 3:02 p.m.

2. 5:00 p.m. Tobermory – Short Term Accommodation Study Public Information and Workshop facilitated by Michael Wynia, Partner, Skelton Brumwell & Associates Inc.

The Special Council Meeting reconvened at the St. Edmunds Community Centre at 5:04 p.m.

Councillor Myles was not in attendance. 

Mayor McIver commenced the meeting with introduction of Council and Municipal staff present.

Mayor McIver informed the public that the meeting today is an opportunity for public input with regards to STAs and introduced Mr. Michael Wynia, Senior Planner and Partner at Skelton Brumwell and Associates Inc. Mr. Wynia provided a PowerPoint presentation on Short Term Accommodation (STA) which provided an overview and timelines for the accommodation policy and regulation review.

Mr. Wynia emphasized the importance of public involvement throughout the STA process noting that his company is still at the information gathering stage of the project. He advised that the roundtable discussion approach was not used in the afternoon meeting in Lion’s Head and Mr. Wynia indicated the public could have their questions and concerns voiced using the microphone and everyone could have the opportunity to speak.

Considerable discussion ensued between the consultant and the public. Discussion included the following:

process of licencing, liability, by-law enforcement issues

survey will be available until the end of September

on-line forum will stay open throughout the study period

concerns with change of community and neighbourhood character

concerns with STA and Ontario Building Code standards

number of specific complaints per year

the need for all parties to work collectively together to resolve issues

absentee property owners not following the same rules as another STAs and have several properties they use as STAs

STAs need to be taxed as a commercial property

commercial facilities have different sets of regulations; however, providing same accommodation service

some complaints from neighbours not valid as they just don’t like STAs

bring STAs up to same standards as commercial motel/hotel facilities

people in community can assist with providing Municipality additional numbers for STAs

the need for septic system inspections

the need for more by-law enforcement throughout the Municipality

bed and breakfasts under home business and not looked at the same as STAs

educate the STA renters and design guidelines for them

amend Zoning By-law to identify STAS;

the need to streamline regulations to address a number of issues

the March, 2020 timeline for final report needs to moved ahead as some people vacation in the south during winter months

maximum number of occupants is of great concern

noise complaints not being dealt with by By-law Enforcement

number of permitted vehicles requirements need to be established

the environment is being destroyed by uncaring individuals who rent STAs 

resident concerned with real estate agents purchasing cottages for STAs and selling a year later causing property taxes to increase

no accommodations available for locals or students to rent due to STAs making large amounts for nightly or weekly rentals

local residents cannot afford to purchase properties

Building Code and Fire Code concerns;

implement a possible deposit system for all STA owners

in everyone’s best interest to find a solution to issues

Mr. Wynia concluded the STA workshop stressing the importance of completing the on-line survey or obtaining a paper copy which allows an opportunity for the public to provide input throughout the STA project process.

CONSIDERATION OF AGENDA ITEMS

There are no agenda items to consider.

OTHER BUSINESS 

There is no other business.

CORRESPONDENCE

There is no Correspondence for Special Council Meeting No. 19-25, August 25, 2019.

READING OF BY-LAWS

Moved by L. Golden Resolution #25-02-2019 Seconded by J. Mielhausen

THAT the following listed by-law be given 1st, 2nd and 3rd reading and enacted:

2019-79 BEING A BY-LAW TO CONFIRM THE PROCEEDINGS OF THE SPECIAL COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF NORTHERN BRUCE PENINSULA HELD SUNDAY, AUGUST 25, 2019.

Carried

CLOSED SESSION

There is no Closed Session for Special Council Meeting No. 19-25, August 25, 2019.

RECONVENE FROM “CLOSED SESSION” TO RESUME COUNCIL MEETING

There is no Closed Session for Special Council Meeting No. 19-25, August 25, 2019.

ADJOURNMENT 

Moved by D. Myles Resolution #25-03-2019 Seconded by J. Mielhausen 

THAT the meeting adjourns at 7:05 p.m.

Carried