The Corporation of the Town of Essex

Special Council Meeting Minutes

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Location: https://www.youtube.com/user/EssexOntario
Present:
  • Mayor Larry Snively
  • Deputy Mayor Richard Meloche
  • Ward 1 Councillor Joe Garon
  • Ward 1 Councillor Morley Bowman
  • Ward 2 Councillor Kim Verbeek
  • Ward 3 Councillor Steve Bjorkman
  • Ward 4 Councillor Sherry Bondy
  • Ward 3 Councillor Chris Vander Doelen
Also Present:
  • Chris Nepszy, Chief Administrative Officer
  • Robert Auger, Town Solicitor, Legal and Legislative Services/Clerk
  • Shelley Brown, Deputy Clerk, Legal and Legislative Services
  • Doug Sweet, Director, Community Services/Deputy CAO
  • Lori Chadwick, Director, Development Services
  • Kevin Girard, Director, Infrastructure Services
  • Rita Jabbour, Manager, Planning Services

This meeting was hosted and chaired from the Essex Municipal Building. Due to the ongoing COVID-19 pandemic this meeting was not currently open to the public for in person attendance. This meeting can only be viewed by the public electronically via livestream on YouTube at www.youtube.com/EssexOntario

 

The purpose of this meeting was to discuss the Regulations for Short Term Rentals in the Town of Essex.


Mayor Snively called the meeting to order at approximately 4:30 PM.

  • SP21-06-004
    Moved ByDeputy Mayor Meloche
    Seconded ByCouncillor Bjorkman

    That the published agenda for the June 21, 2021 Special Council Meeting be adopted as presented.

    Carried

RE: Short Term Rental (STR) Regulations for the Town of Essex

Rita Jabbour, Manager, Planning Services, explained that the purpose of the public meeting was for Council to consider the merits and concerns related to the proposed addition of new zoning by-law regulations relating to short term rentals. 

Ms. Jabbour noted that the most common short term rental accommodation service is home-sharing however other structures such as a houseboat or a treehouse can be used as a unique alternative to tourist accommodations.

Ms. Jabbour explained that short-term rentals are not a second dwelling that increases the supply and range of affordable rental accommodations for long term independent living. She further explained that short term rentals are not currently recognized by the Town's Zoning By-Law 1037 but should be regulated to encourage growth, preserve the local communities and protect the supply of long-term accommodations.

Ms. Jabbour advised that public and stakeholder groups were consulted via Facebook, an online survey and a virtual open house. She explained that the Town received 203 survey responses and 28 people attended the open house with comments and concerns regarding short-term rentals. Stakeholders supported a business licence to regulate short term rentals and suggested that the number of short-term rentals be limited through licensing. She noted that impacted residents recommended a review of applicable by-laws and strong but minimal enforceable regulations.

Ms. Jabbour further advised that the next step is to create draft zoning recommendations, followed by a draft licensing by-law framework and finally a licensing by-law that would take effect in 2022.

Mayor Snively noted that he supports short term rentals if owners are on site and added that short term rentals will be difficult to regulate.

Councillor Verbeek asked if  licenses could be revoked in the event that owners or operators were not in compliance with applicable by-laws.

Ms. Jabbour stated that there are licensing systems such as a demerit system and the Town will establish a system in which short term rental operators are penalized for any unruly behaviour.

Ms. Chadwick mentioned that the Town had viewed numerous examples of licensing by-laws and licensing systems and a by-law will be presented to Council for approval at a later date.

Councillor Verbeek asked if the licensing would include a fee that would cover the cost of administering the issuance of the licenses.

Ms. Chadwick stated that the municipality does not require compensation for administrative fees.

Deputy Mayor Meloche stated that he was not opposed to short term rentals but believes they need to be controlled. He also noted that temporary licenses would be ideal in the interim.

Ms. Chadwick stated that Administration could explore a temporary by-law however the use of land should be established first.

Deputy Mayor Meloche noted that the by-law should include provisions for the maintenance of the property.

Ms. Chadwick advised that the Property Standards By-Law includes such provisions.

Councillor Garon inquired whether a traditional cottage that was rented for a week would be classified as a short-term rental.

Ms. Jabbour explained that under that scenario a traditional cottage would be considered a short-term rental. 

Councillor Vander Doelen stated that short term rentals may decrease our population, add to the housing crisis and affect the quality of life for the properties around the short-term rentals. He noted that he agrees we need regulations but does not believe over taxation would help especially since there are good operators.

Councillor Bondy suggested that a form be created on the Town's website to start collecting information for short term rental properties to determine best practices. She acknowledged that there is an issue with short-term rentals and that limited licenses would help.

Councillor Bowman stated that licenses and regulations are needed but there will be issues with saturation.

Ms. Chadwick suggested that Council email additional comments or concerns to the Planning Department. 

  • SP21-06-005
    Moved ByCouncillor Bowman
    Seconded ByCouncillor Bjorkman

    That the presentation by Rita Jabbour, Manager, Planning Services be received.

    Carried

RE: Short Term Rentals in Beach Areas

Sue LaPorte, Resident stated that she was pleased with the discussion and points that were made thus far. She noted that there were three short term rentals in Clark Beach and that the short term rentals were not promoting tourism. She mentioned that consideration should be taken on how many homes were in the area before deciding how many short term rentals should be allowed. She noted that one of the properties near her has been renting throughout the pandemic and it does not have a septic system. She questioned if people would abide by these rules and regulations as the owners do not check to see who is renting, how many people are renting, and do not respect the people who are in the area.

RE: Impact of Short Term Rentals on Neighbouring Residents

Dennis Smith, Resident, spoke on behalf of a group called short term impacted property owners (STRYPO) which has approximately 25 members. He noted that he lives next door to a successful short term rental property on the lakefront and his experience over the last five years has been good except for a few minor nuisances. The previous owners were local owners and operators who cleaned the house, did the maintenance, encourage him to call the police if he seen any problems and the previous owner did local bookings not through social platforms. 

Mr. Smith noted that other members have negative experiences with short term rental properties and primarily because they are operating unsupervised with unreachable managers. He explained that these businesses need to be licensed, inspected and regulated by the Town. He explained that the impacted residents identified 25 issues that are affecting their quality of life and property values. These issues included neighbourhood saturation rate, contact response time, noise curfew, parking, occupancy limits, record keeping on the occupants, security, trespassing and potential theft, insurance coverage, regular inspection for structure and safety code, fire code, acceptable sanitary septic system, traffic and speed control, and garbage disposable. He also noted that a large amount of money is being generated from these short term rentals but as these are absentee owners living in other municipalities this money does not stay in our municipality.

Mr. Smith requested three things from the municipality which included a comprehensive set of by-laws based on concerns and by-laws currently in use at other municipality, a standing committee similar in principle to the Committee of Adjustment but for short term rentals, and for all short term rentals to be licensed with those currently in operation granted temporary licenses until a comprehensive set of by-laws is in place. 

RE: Feasibility and Benefits of Short Term Rentals in Residential Areas

Colleen McWilliams, Owner/Operator of Soul Serenity stated that she does agree with the responsibility of short term rental operators. She noted the importance of maintaining the quality of the neighbourhood and she understands that change is difficulty. She agreed that saturation should be reviewed but since she purchased her rental property it was an us vs them neighbourhood mentality. She explained that even though she does not live at her short term rental property she screens her guests and proudly takes care of the property. She noted that the pandemic has impacted tourism but she does provide a list of wineries, beaches and restaurants in the area for guests. Ms. Williams asked that each situation be reviewed differently.

  • SP21-06-006
    Moved ByCouncillor Vander Doelen
    Seconded ByCouncillor Bjorkman

    That all the delegations in Agenda Item 5 be received.

    Carried
  • SP21-06-007
    Moved ByDeputy Mayor Meloche
    Seconded ByCouncillor Bowman

    That the meeting be adjourned at 6:00 PM.

    Carried