Tay council voted near-unanimously to hold off on implementing strengthened measures against short-term rental accommodations (STRs), instead choosing to hear from lawyers and watch other municipalities closely.
During Wednesday night’s regular meeting, councillors spent half an hour discussing which of four increasingly-prohibitive measures could be taken in the contentious matter of STRs.
Ultimately, it was Mayor Ted Walker’s own revised proposal for the lightest option which was carried.
“The motion reads that staff be directed to implement option #1; that’s the motion. And then I requested as a proviso, with a proviso for the minutes, that we would be seeking legal opinion, and that we would be reviewing the bylaw enforcement,” said Walker.
As provided in an earlier summary report, Walker’s preferred option suggested enhanced enforcement overall of municipal bylaws, including a tightening on noise, open-air burning, fireworks and parking to kerb curb unwanted behaviours.
An increase in municipal law enforcement and adjusted scheduling within that option was discussed, with Coun. Sandy Talbot raising concerns for town staff.
“To me, bylaws are not police. I will not support sending two bylaw staff to an area where you don’t know what’s going on,” Talbot said passionately.
“I won’t support that; it’s not healthy, it’s not safe. That’s why we have police officers. Police are the answer after-hours.”
Council shared the plight of the area residents and responsible STR owners that had taken time to reach out prior to the meeting.
Said Coun. Jeff Bumstead, “In conversations with some of the STR operators -- and these are the ones that have reached out -- they have a lot of programs in place already that they use to inform their clients of the bylaws, of the rules and conduct they expect when they’re using their property.
“It shows willingness of the STRs, the ones willing to come forward and say: ‘This is what I’m doing; this is what works; the neighbours are happy; we haven’t had any issues.’ These are the ones we want to hear from, and I think if we communicate that out there, then it will also inform staff of the ones who didn’t come forward. ‘Why didn’t they?’”
The greatest brake put on council’s decision was in regards to legal options with STRs, and how other municipalities were handling the situation elsewhere.
Walker shared, “I’ve heard lots of emails about ‘Why don’t you do what Oro-Medonte has done?’, but what Oro-Medonte has done hasn’t been successful so far.
“I think the key is enforcement, and I think that we need to do a little bit more research on this particularly as it relates to the future.
“I’ve had a number of people say that if we’re not seen as actively enforcing the bylaws, then they’re concerned that it’s going to be open season for STRs to locate here; whether that’s going to happen or not I don’t know, but I think we need to have provisions in place to be able to deal with that down the road.”
The conversation became heated as deputy mayor Gerard LaChapelle’s reiteration of relying on police support over bylaw officers seemed to be misinterpreted by Walker, possibly through choppy internet streaming of the virtual council’s words, leading to a tense back-and-forth.
“I go back to what councillor Talbot said; we have the OPP. Just so everybody knows on the weekend,” stated LaChapelle, “there were two locations that were visited by the OPP, and I think that’s the best approach.
“We’re not in that game. We don’t want to be in that game. When we look at municipalities around us from a legal aspect, we’re going to gain the best insight.”
In response, Walker said, “The only thing I can challenge you on is that it is our game. It’s our bylaws being contravened.”
“I don’t think I disputed that, did I?” asked LaChapelle. “I’m talking about lead call-outs, Ted. I wasn’t making a reference.”
“But lead call-outs,” Walker explained, “as much as we do like to rely on the OPP as you know, with the OPP coverage area… We can’t rely on them.”
Walker finished, “And they don’t lay the charge, it’s us that lays the charge.”
Later while discussing the motion, Coun. Paul Raymond informed council that the lawyer indicated she would like to meet with CAO Lindsay Barron to discuss matters further.
