Town of Osoyoos council has voted to delay signing a new lease with the Desert Park Exhibition Society after the society had asked for an exemption to the town’s Good Neighbour noise bylaw. Council heard one complaint had been filed about the noise caused by a diesel-powered water truck at the racetrack facility. Council will revisit this issue in early December. (File Photo).
Members of Town of Osoyoos voted to delay signing a new long-term lease with the Desert Park Exhibition Society (DPES) following a rare heated debate Monday over whether or not the society should be exempted from the Town’s ‘Good Neighbour’ noise bylaw.
The DEPS board had requested an exemption from the noise bylaw after a single complaint was launched by a homeowner near the Desert Park racetrack facility relating to the noise caused by the water truck used to moisten the turf for horses engaged in spring training in January, February and March.
The current lease between the DEPS and Town expires on Nov. 28.
Council heard the water truck often starts watering the track before 5 a.m. so trainers and jockeys can begin early morning workouts with their horses during winter training sessions.
“Without such exemption, the Society will be unable to run the winter training program, which is a major source of revenue for the Society,” read a short letter from DEPS member Patricia Head to Town Chief Administrative Officer Barry Romanko. “This program also provides collateral benefits to the Town with up to 40 people staying in local motels and eating in local restaurants for four winter months.
“We note that Section 8.4 (of the noise bylaw) provides for certain exemptions for normal farming and industry activities. We note also that the golf course grass cutting in the summer starts at 6 a.m. daily and the Town itself starts cutting the infield grass at Desert Park well before 8 a.m. in the summer months.”
Coun. Mike Campol and Mayor Sue McKortoff said they could not support granting an exemption to the noise bylaw for one group as it would set a bad precedent.
Coun. Carol Youngberg, a founding member of the DEPS, said it bothers her immensely that a single complaint from a local resident can cause so much hardship for an organization that has done so much good in this community.
Coun. Jim King supported Youngberg’s position.
It was one of the very few occasions that members of the current council were diametrically opposed on an issue.
“There is no way I would be comfortable with giving an exemption to the Good Neighbour Bylaw,” said Campol.
Allowing one specific group to benefit from a bylaw designed to protect the greater public good could lead to a very slippery slope, he said.
While he recognizes all of the good work being done by the DEPS, granting an exemption to a longstanding bylaw is not the way to go, said Campol.
Council also has a responsibility to listen to complaints from residents about existing bylaws, even if it is a single complaint, said Campol.
McKortoff agreed saying she’s sure there are ways to address the recent complaint by reducing the noise being made by the water truck without having to grant an exemption to the current noise bylaw.
Youngberg said to the best of her knowledge the recent noise complaint was the first one ever directed at the Desert Park facility in decades of operation.
“Without the water truck, there would be no racing,” said Youngberg.
Members of the current board of directors have made it very clear they don’t wish to contravene any Town bylaws and that’s why they asked for this rare exemption, said Youngberg.
“We’ve never had a single complaint … a single complaint shouldn’t jeopardize the entire Society,” she said.
The facility now generates more than $2.5 million in annual economic benefits to the Town of Osoyoos and spring training that fills the stables with horses, trainers and jockeys for three months, provides a huge economic boost to local businesses and the community at large, she said.
Youngberg said it was her belief town council should go out of its way to assist the Society “instead of putting up roadblocks.”
Campol once again disagreed reiterating the needs and concerns of one community organization shouldn’t take precedence over a longstanding noise bylaw that has benefitted residents for many years.
“I’m not comfortable” granting an exemption to any single community organization as it “would open the door” to potential future problems with other groups, said Campol.
If the exemption were granted, there would be nothing from stopping DEPS from purchasing new, even louder equipment or even holding loud rock concerts in contravention of the noise bylaw, he said.
He didn’t suggest this would happen, but it could, said Campol.
McKortoff said she’s confident a solution can be reached that will appease the concerns of the complainant by making minor repairs to the water truck to ensure spring horse training can continue without generating further complaints.
Romanko tried to calm the obvious tension in council chambers by saying there has only been a single formal complaint about the noise generated from the water truck and he’s sure a compromise solution can be reached.
‘In my mind, one complaint is not really a problem,” he said.
McKortoff said the issue isn’t about appeasing a single complaint, but related to granting an exemption to a longstanding bylaw that has served the community well for years.
The DEPS can’t afford to purchase another water truck and isn’t against taking steps to try and reduce the noise the truck makes and has no intention of abusing the spirit of the noise bylaw, said Youngberg.
After the debate, council voted unanimously in favour of not signing a new lease with DEPS until the next meeting of council in early December.
Romanko said he’s confident the DEPS board can come up with solutions to decrease the noise caused by the water truck without changing the spirit of the Good Neighbour bylaw.
