Open Letter June 3rd 2022 asking TVT to not ban short term rentals

https://www.facebook.com/share/p/17EM69WkHW/

Published on FB June 3^rd, 2022

Open letter to Council. Please join us on June 9th at 4 pm!

Dear Council members,

I have written to the town planner on my opposition to include a bylaw in the new TVT town plan to regulate short term rentals, including AirBnB, in which they are referred to as "transient housing"

This is my open letter to all of you. As most of you are aware, the AirBnB is our sole funding for the Not-for-Profit Blueberry Creek Nature Centre.

This is the entire operating budget that keeps us alive and vibrant in our community. Since opening our doors five years ago, we have welcomed 160 children to experience the joy of learning and growing in nature. Experiences that today are lost for so many young people - connection to the land, climbing trees, building forts, carpentry, gardening, cooking over a fire, caring for farm animals. Time away from the many devices that draw their attention. Children attend one to two days per week to complement their primary education. We have supported families and children of all abilities and circumstances, and many of our Blueberry families receive additional financial support to our already low cost model. I continue to not take any salary from the Forest School and run Blueberry as a volunteer. We have a team of incredible Educators, placement students and volunteers.

And for five years, Tay Valley Township has fought me every step of the way. This continues with our art studio build, refusal to acknowledge we are a Community Service for the purpose of education, and now to regulate our short term rental in a previous bed and breakfast.

These are a few examples of why I have zero confidence this township will not use this bylaw to make it impossible to continue running our AirBnb Blueberry Creek Forest School Family Retreat and Nature Centre:

The $11,968.04 the township spent on legal costs, the majority in withholding MFIPPA requests (Municipal Freedom of Information and Protection of Privacy). There were 140 records concerning Blueberry Creek, 24 were partially disclosed (with all relevant material blacked out), and 72 documents entirely withheld. $1,781.92 of this was spent on Novatech. This was the company who confirmed Blueberry Creek Nature Centre would be included in the township's new definition of "School" in the zoning bylaw, created to make us non-compliant.

Being told by staff in an email to Council I was "hostile and aggressive" when a Council member inquired into why no member knew of our ongoing dispute with the township, despite lawyers being involved. When staff realized we had openly recorded these meetings (which showed I was holding back tears and far from hostile), the township moved to ban all recordings.

For the sheer number of "in camera" meetings compared to other municipalities. At last tracking in 2018 these accounted for 65% of all council meetings over one year, with 8 of these concerning Blueberry Creek Forest School and Nature Centre, 498 minutes. These "in camera" meetings for litigation or potential litigation have been considerably higher than other nearby municipalities.

The 2018 letter from the Townships lawyer with a lengthy "Site Plan Agreement" in which we were asked to not share with Council. Mr Fleming wrote "It goes without saying that this offer must be kept in strict confidence - Council has not seen this agreement". I wonder what Council has been told by staff to make this battle continue for so long.

Being falsely accused that I hadn't been honest about the proposed use of Blueberry Creek Forest School. A document under MFIPPA revealed this was not the case and I had been transparent to staff from the beginning.

The June 2019 letter I received from the Reeve stated that ..."Council is prepared to vote on passing a resolution to recognize that the operation of the Blueberry Creek Nature Centre is currently in compliance with the requirements of the Zoning-By-Law for a Community Services Use. The Township requires assurance that it will not be the subject of a legal claim of any type in the event the Council resolves to accept the current operations as complaint, including that no actions will be brought against any current or former councillor or staff related to this matter..."

- This was after the township had threatened to take me to court for over a year for operating the Forest School as a Community Service, and requested me to legally change our not-for-profit to 'Blueberry Creek Nature Centre' to remove the name "School".

We did not sign. When this resolution did get presented to the new Council, it resulted in a 4-4 split vote, and was not passed. To this day the township does not recognize Blueberry as in compliance with the zoning as a Community Service.

I could include more examples, but it is late and I am tired from this needless fighting and bullying. I am happy to sit down with you and go over the 1000 pages of documentation I do have. I do not wish what we have been put through on anyone. I am also thinking the local owners of the over 200 short term rental owners found on various platforms may also be concerned of this potential power being given to staff, and the hours needed to "regulate" us all.

Sincerely,

Robyn Mulcahy