minutes - town of wasaga beach documents/2016-03-15 committee of t… · committee of the whole ....

COMMITTEE OF THE WHOLE

MINUTES

Tuesday, March 15, 2016 at 2:00 p.m. in the Classroom

PRESENT: B.F. Smith Mayor N. Bifolchi Deputy Mayor B. Stockwell Councillor S. Bray Councillor R. Ego Councillor B. Smith Councillor G. Vadeboncoeur CAO H. Bryce Town Clerk/Recording Secretary M. Quinlan Treasurer A. Webster Special Events Coordinator D. Brunelle Special Events Coordinator J. Legget Communications/Special Projects A. McNeill Director of Economic Development/

Tourism D. Herron Manager of Planning M. McWilliam Fire Chief D. Vincent Senior Municipal Law Enforcement

Officer G. Reinders Manager of Parks, Recreation &

Facilities N. Wukasch Planner

ABSENT: R. Anderson Councillor

1. CALL TO ORDER

The Mayor called the meeting to order at 2:06 p.m. 2. DISCLOSURE OF PECUNIARY INTEREST

None were disclosed at the commencement of the meeting. . 3. DEPUTATIONS, PETITIONS AND PUBLIC MEETINGS

a) BFL Insurance – Introduction

Representatives from BFL Insurance provided Committee with a presentation outlining their services as the Town’s new insurance provider. The presentation included a review of coverage for the Municipal Insurance Program, the role of the insurance broker, public entity general liability coverage, who is insured including Public Officials Errors & Omissions Liability and commercial property and owned

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auto coverage. The Mayor opened the floor to Committee for any questions. Seeing none, the Mayor thanked BFL for their presentation.

b) Pacific Homes - Sunnidale Trails Subdivision Recreation Amenities –

Tony LaRose and Ray Duhamel Mr. LaRose from Pacific Developments Inc. and Mr. Ray Duhamel from the Jones Consulting Group provided Committee with a presentation outlining proposed partnership options for community facilities in the Sunnidale Trails Village development core. The development will be comprises of 3,200 units with approximately 8,600 residents and by 2031 represent 31% of the Town’s population. The proposed features of the development include a comprehensive trail network and a village core with commercial and recreation facilities included. Recreation facilities options within the village core are: Option 1 - a recreation centre which includes a land donation of 2.3 acres and $1 million in cash, Option 2 - a library branch of 5,000 square feet and free rent for 20 years and covered artificial ice surface, Option 3 – covered artificial ice surface including the front end construction and donation of $500,000 in cash. The Mayor opened the floor to Committee for any questions. The Deputy Mayor indicated this development has been going through the planning approvals process for r a very long time and hopes that we can work together on the opportunities available that will benefit our community. Councillor Smith inquired if the apartment building was a condo style or affordable housing. The short answer is that still has to be determined, but the goal would be to accommodate the Wasaga market with something for everyone. Councillor Smith noted that the province is pushing affordable housing through proposed legislation and would hope any new developments would take that into consideration. If this is included as part of the initial development plan, it lessens the concerns that may be raised by residents that have already moved into the development. Councillor Ego noted it was a good presentation and highlighted services the Town could use. He inquired if the development was going to be architecturally diverse and aesthetically pleasing to blend in with existing neighbourhoods. The consultant responded that the Town’s process for subdivision approval includes those types of details to ensure the architectural design of the proposed community is what the Town envisions. Seeing no further questions, the Mayor thanked Pacific Developments Inc. for their presentation noting the upward swing in the Wasaga real estate market. It is exciting times and staff will review the details of the proposal with staff reporting back to Council with next steps.

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4. UNFINISHED BUSINESS – See attached list

5. NEW BUSINESS a) Special Events Fee Schedule

The Special Events Coordinators provided a summary of the report and the options contained therein for Committees consideration. Council recently discussed the fee schedule associated with special events and asked staff to prepare options for their consideration regarding the application of special event fees. The current Special Events bylaw states that Non-Profit organizations will be charged a $50.00 processing fee for a special event and For-Profit organizations will be charged $300.00 for the first day of the event, and $150 for each additional day. The Town reserves the right to waive the processing fee. The current Consolidated Fees and Charges bylaw does not specify any additional charges for the provision of Town support to event organizers. The current policy also does not take into consideration use of services, land, and equipment or include provisions for the Town paying hosting fees for events solicited by the Town. It is being recommended that the fee changes be phased-in as some events would be required to pay as much as $56,000.00 in the first year the new fees are in effect. In order to be fair and ensure a smooth transition working with existing event organizers who have historically not been required to pay fees to the Town, the Special Events Coordinator is recommending that the fee increases be phased over two years. Given the majority of event organizers have already established and begun ticket sales for their events in 2016, it is recommended that Council implement the ticket surcharge fee commencing in 2017.

Councillor Bray noted that Council’s focus has been on special events and inquired if the fees will have a negative effect on the events we are trying to bring to Town. The Special Events Coordinator indicated it will have an effect on event organizers, which is why it is being recommended to be phased in. Groups will still have the option to request that fees be waived or reduced from Council. Councillor Smith inquired if these fees would assist local non-profit groups with their event related fees. It was clarified that the fee schedule pertains to outside events and that indoor events fall under the new Indoor Facility Rental Fee Policy for Community Groups Policy.

The Mayor asked why the ticket fee was being put off until 2017. The Special Event Coordinator indicated that many organizers are already selling tickets which means the additional fee would come directly from the revenues needed to host the event.

It was then;

MOVED BY Councillor Ego DATE: March 15, 2016 SECONDED BY Councillor Stockwell RESOLUTION NO. 2016-05-01

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RESOLVED THAT Committee of the Whole does hereby recommend to Council approval of the Special Event Fees report, to be phased in and implemented for events commencing in 2016.

CARRIED

b) Emergency Response Plan

The Emergency Management and Civil Protection Act is the legal authority for the emergency management program in Ontario. As required by The Emergency Management and Civil Protection Act an emergency response plan and its elements must be adopted under By-law and be filed with the Chief, Office of the Fire Marshal and Emergency Management, Ministry of Community Safety and Correctional Services. The Fire Chief noted the Town’s current Emergency Plan was adopted in 2004 and the Town’s Flood Contingency Plan was adopted in 1981. The Town takes an all‐hazards approach to emergency planning that takes into account a broad spectrum of potential hazards. Major emergency events that significantly impact Town residents or the day‐to‐day business of the Town may require complex, coordinated emergency response. In such cases, the Town may choose to make a formal Declaration of an Emergency. The Town of Wasaga Beach Emergency Response Plan is also the document upon which the Town, County of Simcoe and partner municipalities can create mutual aid and assistance agreements that greatly improve the effectiveness of our response to larger‐scale emergencies. The Town’s new revised plan that is being presented to Committee has been reviewed extensively by Staff, the CCG and applicable community agencies to ensure its accuracy and effectiveness in the event of an emergency. Councillor Smith inquired as to where the emergency operations centre is currently located to which the Chief responded it is located at Station 1.

It was then;

MOVED BY Councillor Bray DATE: March 15, 2016 SECONDED BY Deputy Mayor Bifolchi RESOLUTION NO. 2016-05-02 RESOLVED THAT Committee of the Whole does hereby recommend to Council the adoption of a new Emergency Response Plan for the Town of Wasaga Beach.

CARRIED

c) Nancy Island Lions Club - Spring Fertilizer Sale

The Manager of Parks, Facilities and Recreation advised Committee that this is the fourth year for this event and the dates don’t interfere with any other events being held that day at the RecPlex or the YMCA. The Nancy Island Lions Club are looking at utilizing space in the southwest corner of the parking lot and would require no

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assistance from the department for this event other than to advertise on the RecPlex sign two weeks prior.

It was then;

MOVED BY Councillor Stockwell DATE: March 15, 2016 SECONDED BY Councillor Bray RESOLUTION NO. 2016-05-03 RESOLVED THAT the Committee of the Whole does hereby support the Manager of Parks, Facilities and Recreation’s recommendation to allow the Nancy Island Club to host a Spring Fertilizer Sale to take place in the RecPlex parking lot on April 23-24, 2016.

CARRIED

d) Taxi Industry Review – Questionnaire Results

The Municipal Law Enforcement and Licensing Department is currently reviewing the Wasaga Beach Taxi Industry. The Department has held separate meetings with the currently licensed Taxi businesses in Wasaga beach. It has also held a public information session and developed a Taxi Industry Questionnaire, which was available at the information session as well as online from October 27, 2015 through November 28, 2015. The Senior Municipal Law Enforcement Officer provided Committee with a summary of results of the questionnaires, expressed as percentages. The results represent the responses, largely from those who attended the information session (and an additional one from on-line responses) and should be interpreted carefully, as the number of respondents was low overall. The Senior Municipal Law Enforcement Officer also spoke to issues larger communities are having with Uber and the licensing provisions for this type of service as well as the private members bill dealing with the same. He is seeking guidance on the Uber issue as well as direction on relaxing the rules to increase the availability of taxis during prime times in the summer and during special events. He is also asking if Council is desirous of restricting the number of taxis and outside services from other communities that are licensed (duel licensing).

Councillor Smith has been following the Uber situation in other communities and feels the Town should wait to see what other large communities do to deal with the industry.

Councillor Bray inquired how Uber operates to which the Officer responded outlining the process of retaining the services of Uber. Municipalities do have the authority to license Uber provided their licensing by-laws reflect the unique structure of Uber eg. “Network Transportation Company”. The overlying question is if the Town wants to license and/or regulate Uber through the requirements of insurance, driver’s abstracts and criminal record checks.

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Councillor Ego asked if there are any timelines as to when the private members bill, Bill 131 (Hudak Bill) will be finalized, if at all, to ensure we are not putting the cart before the horse in terms of local regulations. The City of Toronto is dealing with the issue on a weekly basis and has yet to finalize how they will be proceeding on all fronts - licensing, enforcement and regulating. The Officer has samples from other communities that have passed Uber By-laws and can provide those to Committee if requested. Insurance has also been an issue for Uber drivers but is being resolved fairly quickly through larger insurance providers. Another issue is the administration of issuing Uber licenses. The City of Toronto is requiring the Uber company to provide proof of their drivers criminal, driver and insurance requirements as to not burden City staff. Councillor Bray felt that the onus is on the Uber user to ensure they are using a safe cab and driver and supports waiting to see what provincial regulations are enacted. Councillor Stockwell relayed the same feeling. Councillor Smith inquired if an Uber driver from Toronto could take fares here when they are on holidays. The service notes when a driver has their app on and are available. Within Wasaga Beach, if they are not licensed as a business they would not be operating legally. The CAO indicated that he routinely receives complaints that there are not enough available cabs at peak bar times especially during the summer. Given the issue was not noted in the comments, does the Senior MLEO think it is still an issue? The Officer noted it is an issue at bar closing time, but most people recognize it. It was further noted that most of the comments received are from cab operators versus the general public. The Mayor inquired if the lack of cabs was occurring this time of year to which the Officer noted it was not an issue this time of year. Councillor Stockwell spoke to concerns from a bar operator pertaining to liability of no available cabs to service their patrons. To summarize, it appears Committee wishes to hold the Uber issue to a later date when the province has completed their review. The Mayor stated that the Town moving forward to license Uber may put us as risk and is premature until the province and larger Cities are able to come to a conclusion on licensing and regulating. In terms availability at peak times, the Mayor felt that like any summer business, employers should increase their staff and cabs to service the needs of the community on a seasonal basis. Duel licensing would allow companies in neighbouring communities to be licensed here as well on a short term basis during peak seasons. The Mayor inquired if a sub-contracting licensing option had been investigated to which the Officer indicated it had not, but he will be looking into it.

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It was then; MOVED BY Councillor Bray DATE: March 15, 2016 SECONDED BY Councillor Ego RESOLUTION NO. 2016-05-04 RESOLVED THAT Committee of the Whole does hereby recommend to Council that the Senior Municipal Law Enforcement Officer’s Staff Report concerning the Taxi Industry Review Questionnaire be received for information.

CARRIED

e) Public Engagement Options ward vs at-large

At the February 9, 2016 Committee of the Whole meeting, Committee passed a motion recommending to Council that the Town review the option of establishing a ward system for the 2018 Municipal Election and requested Staff to bring back a report to Committee outlining the options and associated costs to engage the public on the options of establishing a ward system. It was noted this is not the same as public participation in an electoral review process of investing a ward system, and is only a tool to gage interest in moving forward with a complete study. The Clerk summarized the options outlined in the report along with the associated costs of each. It was noted that the public open house option at the RecPlex was potentially missing the rental cost of $375 which would need to be added to the total cost noted in the recommendation. It is proposed that staff take the input from the various sources noted above during the month of April and prepare a report for Council’s consideration in May on whether to proceed to a formal review of establishing a ward system in Wasaga Beach. Council can then decide if wants to proceed or not. Councillor Bray inquired if Committee would have the opportunity to view the content of the material being provided at the public meeting prior to the meeting so that Council is not surprised by the material when they arrive at the meeting. The Clerk indicated that was not the intent but could be done if Committee wished to see it, however, it would delay the process by one month, putting the completion of the consultation in May. The Mayor inquired why we charge inter-departmental rental fees of Town facilities for Town activities when the facilities are available. The Treasurer responded that self-sustaining departments are charged a fee as they are not tax supported. Other departments such as Administration, in this situation, would not be charged the fee. Councillor Smith clarified that the motion was inclusive of all the items listed to which the Clerk confirmed yes.

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A recorded vote was requested. It was then; MOVED BY Councillor Ego DATE: March 15, 2016 SECONDED BY Councillor Stockwell RESOLUTION NO. 2016-05-05 RESOLVED THAT Committee of the Whole receive the report pertaining to Public Engagement Strategy to Consider the Potential Option of Establishing a Ward System Council Structure and Election; and, THAT Committee of the Whole does hereby recommend to Council that the Town of Wasaga undertake the following steps to solicit public opinion on if the Town should consider the potential option of establishing a ward system council structure and election for 2018: - Media Release, Social Media (twitter and website) - Newspaper advertisement (open house and survey) - Public Open House to be held at the Rec Plex - Survey (online and paper) - Utilizing Existing Key Interest Groups AND THAT the estimated cost of $1,245 to implement the above public engagement options be funded through the Council Corporate Initiatives account; and, FURTHER THAT Staff be directed to report back to Committee with a report summarizing the comments from the public for council’s further consideration.

Deputy Mayor Bifolchi yea Councillor Bray yea Councillor Ego yea Councillor Smith yea Mayor Smith yea Councillor Stockwell yea

CARRIED f) Municipal Grants by Wasaga Distribution

The Treasurer outlined the past and current practice of how community grants are provided through Wasaga Distribution. The process that has been followed in the past is different than the normal grants applications in that in general it is historical amounts that are provided. The mechanics of the process are that the Treasurer provides an amount to the staff at Wasaga Distribution for inclusion in their annual budget and then a report is brought back to members of Council to determine if they are in favour of moving forward with those grants.

Historically, from 2012 to 2015, between $20,000 and $28,000 is distributed in grants annually to four or five organizations. In 2016, there have been funding requests from six organizations totaling $32,900.

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The Treasurer outlined three options for distributing the grants in 2016 which included; Option 1 – status quo, Option 2- request additional information from each group and/or a presentation and Option 3 – use the percentage of allocation method that is currently in place for the Municipal Grants Program. Councillor Smith asked to confirm if Wasaga Distribution makes the decision independent of Council or if Council makes a recommendation to the Distribution Board to which the Treasurer responded that Council makes the recommendation to the Board for consideration at their next Board meeting. Councillor Smith noted several concerns with the funding requests for 2016 in terms of the amounts each organization is asking for and for what purpose. Councillor Stockwell asked the Treasurer if a group receives funding from Wasaga Distribution, does that preclude them from receiving funding from the Town. The Treasurer indicated yes, it is one application. Concerns were raised over the hospital given it is anticipated they will be coming to the Town for additional funds. The Deputy Mayor inquired about the Dufferin/Simcoe/Muskoka organization and if they are the organization servicing our area, to which the Treasurer confirmed they are. The Deputy Mayor is concerned about the lack of local small organizations. The Treasurer noted that larger regional organizations are the ones typically included in the Wasaga Distribution funding requests as they are registered charities. It was then;

MOVED BY Councillor Bray DATE: March 15, 2016 SECONDED BY Deputy Mayor Bifolchi RESOLUTION NO. 2016-05-06 RESOLVED THAT Committee of the Whole does hereby recommend to Council that it continue with the historical practice of allocating grants that are provided through Wasaga Distribution.

CARRIED

g) Development Charge Review

Back in the Fall of 2015 staff along with the consultants at Hemson Consulting Group worked to produce the updated Background Study. The first draft was presented to COWOC on October 13th, 2015 and following that additional work was completed to further refine the study and receive comments from the development community. The next draft was then brought forward on November 10th, 2015 and was approved by Committee of the Whole to move forward with “Option 1” as noted below and proceed to a Public Meeting to hear additional comments from the community. The Public Meeting occurred on November 17th, 2015 and several comments were received from the community at that time and are discussed below. The decision of Council at that meeting was to maintain the current rates to provide Council with some additional time to consider the comments made during the public meeting.

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It was noted that Members of Council may go forward with introducing the fees as recommended by the Development Charge Update Study or select another option such as the approach that was taken with the current DC By-law, where the increase was phased-in over a four (4) year period. This “phase-in” schedule was planned to ensure that residents and developers were not over-burdened by a severe increase in the first year following the completion of the DC Study, and also ensured the Town had full recovery for the projects included at the end of the build-out period. The Treasurer indicated there are several options for Council to consider and it is being recommended that Council proceed with Option 1, Phase-in the residential component over two (2) years and freeze non-residential charges for two years, with a review four months before the end of the period. Staff are also recommending an effective date of January 1st, 2016 for the update to the DC By-law. Staff, is of the view that this is a balanced approach that is consistent and fair while not overly burdening current or future taxpayers. The Mayor asked if the Treasurer has ever received concerns directly from Real Estate Agents that the Town is hindering sales due to our development charges to which the Treasurer indicated she had not received those comments directly. There being no further questions or comments, it was then;

MOVED BY Councillor Ego DATE: March 15, 2016 SECONDED BY Councillor Bray RESOLUTION NO. 2016-05-07 RESOLVED THAT Committee of the Whole does hereby recommend to Council that it approve Option “1” to be brought forward to a Public Meeting for consideration and approval; and, That July 1st 2016 be established as the effective date of the new development charge.

CARRIED

The Mayor called for a short 10 minute recess and reconvened the meeting at 3:39 pm.

h) RFP Development Legal Services The Director of Economic Development & Tourism and the Manager of Planning advised Committee that in December when he retired, Ian Rowe of Barriston Law was on retainer with the Town to act as Counsel for matters relating to planning, development, and Ontario Municipal Board hearings. The Town now has a need for consistent and timely legal advice related to planning and development matters and OMB hearings. Similarly, with the proposed policies and incentives to bolster development in the Downtown, (specifically within Beach Areas 1 and 2) staff anticipate the Town will require legal services to assist with complex development issues. Given the anticipated short term development requirements of the Town, it is recommended that the Director of Economic Development and Tourism be

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authorized to issue an RFP to seek qualified legal firms. Further, it is recommended that staff be directed to report back to Committee of the Whole with a recommendation stating the preferred legal firm for hire by the Town on a retainer basis. The Deputy Mayor raised concerns over noting “expropriation” as an example of services when Council has not discussed any actions of that kind. The Mayor confirmed the Deputy Mayor’s comments and clarified such to the media. Councillor Ego asked if a report could come forward to consolidate the Town’s legal services under one firm to obtain better services and potential cost savings. The Director indicated the request can be considered under this RFP, however, the Town’s existing legal service provide does not specialize in planning law. Councillor Bray asked that the CAO be involved in the RFP process to ensure it is done properly. . Deputy Mayor Bifolchi supported Councillor Ego’s recommendation to review the Town’s legal services and consolidate them into one firm. The CAO noted that to find a local firm that can accommodate all the Town’s needs would be difficult and may result in retaining the services of a firm in a larger city, which could potentially increase the hourly rate based on a larger firm. Councillor Ego reiterated that he felt reviewing the entire Town’s legal services now is a good idea to at least look at for general, negotiating and planning legal services. The CAO noted that even municipalities that have in house counsel will go out to firms for specialized services such as this. Councillor Stockwell stated we should either do a review of the entire legal services or hand select a legal firm for this purpose. The Mayor clarified that we have to move forward with the selection in order to be ready for a potential OMB hearing. Councillor Ego put a motion forward to revise the RFP to include all legal services in the proposed RFP. The Mayor noted concerns about timing and the process to revise the RFP and still being able to retain a planning lawyer as soon as possible in the event there is an OMB appeal. The Councillor always has the option to put forward a notice of motion at a later date if he so desires. Councillor Ego withdrew his motion but asked if we can look at all our legal services. The Director clarified that the retainer will simply be to retain the firm on an as needed basis at an hourly rate. No costs will be incurred unless the Town uses the services of the firm. The Deputy Mayor stated that including all the Town’s legal services in the RFP will not slow down the process significantly and suggested the presented RFP be revised to include all legal services. The CAO indicated that Staff could do this and revise the RFP.

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Councillor Smith inquired if the selected firm could sub-contract to other firms for specialized services? Deputy Mayor Bifolchi clarified that she isn’t looking for one firm to perform all legal services under one umbrella, but we need to look at all our legal services through a formal proposal. Firms could choose to bid on all services or pick from the services in the RFP that they specialize in. Councillor Stockwell agreed and stated that the Town is not a big contract from some firms but if we consolidate all our legal needs, we become a larger contract and may get better services and pricing. It was then; MOVED BY Councillor Ego DATE: March 15, 2016 SECONDED BY Deputy Mayor Bifolchi RESOLUTION NO. 2016-05-08 RESOLVED THAT Committee of the Whole does hereby recommend to Council to review all the Town’s legal services including general legal, human resources and planning under other one Request for Proposal; and, THAT the RFP to retain Development Legal Services be revised accordingly to reflect a larger scope of legal services under one RFP with the option for proponents to bid on all or select services. CARRIED MOVED BY Councillor Stockwell DATE: March 15, 2016 SECONDED BY Councillor Ego RESOLUTION NO. 2016-05-09

RESOLVED THAT Committee of the Whole does hereby recommend to Council that the Town seek legal services specific to matters relating to economic development, development approvals, and the Ontario Municipal Board; and,

Further that direction be provided to the Director of Economic Development and Tourism to report back to Committee of the Whole with a summary of the Request for Proposal submissions along with a recommendation of the preferred legal firm, as amended.

CARRIED

i) Downtown Master Plan Terms of Reference At the December 15, 2015 meeting of Committee of the Whole recommended to Council that the area generally bounded by: Access Road, River Road West, Zoo Park Road, the Nottawasaga River, Spruce Street, Beach Drive and 6th Street, be designated as Downtown Wasaga Beach. The Director of Economic Development and Tourism then provided Committee with the Official Plan framework and was directed to schedule an open house to gather public feedback prior to amending the Official Plan.

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The Director noted that the public meeting is scheduled to take place next week, March 22 at Council. The planning policy changes are high level amendments intended to formalize the geographic boundary of Downtown Wasaga Beach and begin to lay the groundwork for more detailed policy changes that will follow once the full plan has been created. The next parallel step in the process is to begin work on the Downtown Wasaga Beach Master Plan. To this end, staff has prepared a “Terms of Reference” to develop the plan. The intention will be to package the following Terms of Reference into a Request for Proposals (RFP) to retain the services of a multi-disciplinary consultant team to work collaboratively with the Town to develop the plan. The Director summarized the contents of the draft terms of reference that included the study area, submission requirements, approach and study process, steering committee and the Town project team that would consist of the Director, Manager of Planning, Planner, CBO, Director of Public Works, Manager of Parks, Recreation and Facilities and the Treasurer. The Deputy Mayor stated her opinion on the master plan has not changed and she is struggling with the plan in general given there has been a beachfront visioning plan completed and the business plan for the beachfront is still outstanding. She asked for clarification that the project would not move forward without confirmed funding as previously approved by council with 1/3 of the funds coming from the Province, 1/3 from the Town and 1/3 from the Development Community. The Director noted that the beachfront visioning is not a planning document but will be a useful tool for this project. Although the Director could not speak to the details, there is a funding announcement from the province coming in the near future. He has had conversations with several developers and a report will come to Committee outlining where the funding will come from prior to the project moving forward. It was then; MOVED BY Councillor Ego DATE: March 15, 2016 SECONDED BY Councillor Smith RESOLUTION NO. 2016-05-10 RESOLVED THAT Committee of the Whole does hereby recommend to Council that the Terms of Reference for the Downtown Wasaga Beach Master Plan be approved; and, Further That direction be provided to the Director of Economic Development and Tourism to proceed to issue a Request for Proposals from qualified consultant teams to undertake the Downtown Master Plan; and, Finally that direction be provided to the Director of Economic Development and Tourism to report back to Committee of the Whole with the details of project funding for approval prior to contract award.

Deputy Mayor Bifolchi nay Councillor Bray nay

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Councillor Ego yea Councillor Smith yea Mayor Smith yea Councillor Stockwell yea

CARRIED

j) Copa Lease

At the February 9, 2016 meeting of Committee of the Whole, Committee recommended to Council that Recreation Leisure Services Ltd., be approved as the operator for the Copa Cabana beachfront licensed establishment subject to the negotiation of acceptable lease terms by staff, to be approved by Committee of the Whole. Staff met with the owners of RLS Wasaga Group Inc. on February 19, 2016 to discuss the terms of the lease for 31 Beach Drive, Unit B and then subsequently on March 7, 2016. The key terms of the lease include: Five (5) years commencing on May 1, 2016; Possession date of March 11, 2016; Base rent of $25,000 (exclusive of taxes, utilities, operating costs and insurance); Rent escalation of $2,500 per year for the term of the lease (approximately 10%); Additional Marketing fee of $250 for marketing and events; Additional Marketing fee escalation of $25 per year for the term of the lease (approximately10%), and an option to renew for an additional five (5) year term. The lease amount that is being proposed by RLS Wasaga Group Inc., is less than what was paid in 2015; however, staff considers the lease rate reasonable given the improvements that are being proposed. In addition, the rate will escalate at approximately 10% which is double what Council has approved. This allows the operator to make the required investments in the property and grow the business while the rate escalates. It is recommended that the Town accept the Offer to Lease. The Deputy Mayor indicted she had several questions of the Director. First, does RLS have a current liquor license that can be used at the Copa and is the existing liquor license held for the Copa going to be forfeited? The Director responded that the current liquor license for the Copa building is held by Phoenix Hospitality. He approached Enzo previously who indicated that he would not sign it over however the Director planned on following up again to see if he would. The Director noted that RLS has licenses but none currently for the Copa. The Deputy Mayor indicated that she thought a liquor license took about 6 months and the Director stated it doesn’t have to take that long. The Deputy Mayor noted that in the past when Committee is being asked to accept an offer to lease, the lease itself is usually provided to Committee. In this case only the staff report was included in the agenda so Committee is being asked to accept the offer to lease without seeing it. She then asked if the offer to lease been signed by RLS? The Director was not sure why the offer to lease was not on the agenda as it was provided to the Deputy Clerk for inclusion. He confirmed that the offer to lease has been signed by RLS.

The Deputy Mayor referred to an original proposal from RLS that included a percentage of sales, which she does not support, but wondered if that part of the

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offer now off the table and we are only taking their $25,000 base proposal with no negotiating to try and come closer to the $40,000 we received in rent last year. She asked who negotiated this lease. The Director responded that if council was interested we could still ask for a percentage of sales but he thought council wasn’t interested so he didn’t pursue that. The Mayor clarified that the report did indicate that the list was leasehold improvements and capital works and in the end he hoped Council’s main goal was to get the bar leased. RLS appears to be a reputable operator that is ready to move forward. He then asked the Clerk to investigate why the leases were not on the agenda.

The Deputy Mayor commented that she is concerned about how the leasehold improvements and the dollar amounts attached to them that have been presented in the staff report. There was a comment in the report that substantial leasehold improvements are being proposed. Things such as professional fees, trade fixtures, chattels and equipment are not leasehold improvements and should not be included in that dollar amount. She further noted that there seems to be inconsistency among the leases. How does taking less revenue than offered, help the town, just because it’s not viable for the operator? The Deputy Mayor then put forward a motion to defer this item until Council has received and had an opportunity to review the lease prior to approving it and asked for a recorded vote. Councillor Stockwell then suggested that Committee take a 30 minute recess to review the lease to which the Deputy Mayor indicated that is not sufficient time to thoroughly review the details.

The Director advised Council that if the matter is deferred, we will most likely lose the operator. The Deputy Mayor again stated that the rate is not viable and why are we accepting what they are offering without negotiating. The Mayor asked the Director if he negotiated the lease rate to which the Director replied he did. He further noted that the proposed operator brings a first class operation to the beach for both food and how they manage a bar. Councillor Bray noted that the lease rate is back-ended but is still not enough. She inquired if the administration costs noted in the offer were recoupable under the demolition clause. The Director advised that only capital improvements form part of the demo clause. She inquired about the taxes and the offer to lease which requests them to be prorated yet the lease is for 12 months of the year. Are they asking for the taxes to be prorated from when the lease is finalized (March)? The Director responded that they are looking for the taxes to be prorated for their operating season and not the months that they are closed for the season. This concern has come up with several prospective tenants. The CAO clarified that the taxes were prorated in 2015 as the Town purchased the properties in May and were only offering leases until the end of the season in September. Moving forward, the tenants will have care and control and access to the buildings year round whether they open or not. The existing leases the Town inherited have taxes included in the rents which is why they are at a much higher rate. The Treasurer confirmed that the rates paid by existing tenants does cover the annual taxes. With all new leases, we have removed the taxes from the base rate and made them an additional fee within the lease terms. The Mayor stated he does not support prorated taxes, if you have access for 12 months, you should pay for 12 months.

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The Deputy Mayor asked the Director to confirm what was included in the offer to lease to which the Director indicated that the offer stated the taxes would be prorated. Councillor Smith raised concerns about Council micro-managing staff and do the leases really need to be approved by Council. The Mayor responded that yes the leases are a legal document and have to be approved by Council.

It was then;

MOVED BY Deputy Mayor Bifolchi DATE: March 15, 2016 SECONDED BY Councillor Bray RESOLUTION NO. 2016-05-11

RESOLVED THAT Committee of the Whole does hereby defer the Copa Lease to the next Committee of the Whole meeting to allow Council Members the opportunity to review the detailed terms of the lease agreement. Deputy Mayor Bifolchi yea Councillor Bray yea Councillor Ego nay Councillor Smith nay Mayor Smith nay Councillor Stockwell nay

DEFEATED

The Deputy Mayor requested that the minutes reflect those around the table were choosing to vote to approve an offer to lease without having read it.

Councillor Stockwell withdrew his motion to take a 30 minute recess to review the details of the lease. Councillor Bray asked to clarify, since Council has not seen the lease, is the prorated clause in the lease to which the Director indicated it was. The Mayor wanted to make things clear for staff that in terms of these leases, there can’t be any more grey areas and it needs to be made clear to prospective tenants that they are going to be required to pay the taxes. They can ask for them to be prorated but council does not support it. The CAO reminded the Committee that, if approved today, the recommendation would be coming forward to Council for consideration next week and the lease would be part of the agenda. Council would have the opportunity to review the lease details prior to considering the by-law to approve the lease. The Director indicated he would forward the offer to lease to council following the meeting as well so they could review it. Councillor Ego then put forward a motion to amend the recommendation to exclude prorating the taxes and that the taxes are to be paid in full.

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The Deputy Mayor asked the Clerk to confirm process as we were not able to just amend the Bananas lease. The Clerk replied the motion is being amended and it is not the final version of the lease being passed with a by-law at this time. It was then;

MOVED BY Councillor Stockwell DATE: March 15, 2016 SECONDED BY Councillor Ego RESOLUTION NO. 2016-05-12

RESOLVED THAT Committee of the Whole does hereby recommend to Council that the Town of Wasaga Beach amend the Offer to Lease from RLS Wasaga Group Inc for 31 Beach Drive, Unit B (also known as the Copa Cabana) to include the payment of taxes in their entirety and;

THAT said final offer to lease be presented to Council at the meeting on March 22, 2016 for final Council approval. Deputy Mayor Bifolchi nay Councillor Bray nay Councillor Ego yea Councillor Smith yea Mayor Smith yea Councillor Stockwell yea

CARRIED MOVED BY Councillor Ego DATE: March 15, 2016 SECONDED BY Councillor Stockwell RESOLUTION NO. 2016-05-13

RESOLVED THAT Committee of the Whole does hereby recommend to Council that the Town of Wasaga Beach accept the Offer to Lease from RLS Wasaga Group Inc., for 31 Beach Drive, Unit B (also known as the Copa Cabana) for a five (5) year term, with an option to renew for a further five (5) years, based on satisfactory performance and Council approval, as amended. Deputy Mayor Bifolchi nay Councillor Bray nay Councillor Ego yea Councillor Smith yea Mayor Smith yea Councillor Stockwell yea

CARRIED

k) Awarding of Dardanella Lease

The Mayor indicated that the motion pertaining to this item has been seconded but that there was not a mover. Without a mover, the item cannot be placed on the floor

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for discussion. He asked if anyone was willing to move the motion. Seeing none, this item was not discussed and will be placed on the next Committee of the Whole agenda. MOVED BY _No Mover DATE: March 15, 2016 SECONDED BY Councillor Smith RESOLUTION NO. 2016-05- RESOLVED THAT Committee of the Whole does hereby recommend to Council that Phoenix Hospitality Inc., be approved as the operator for the Dardanella beachfront licensed establishment, subject to the negotiation of acceptable lease terms by staff, to be approved by Committee of the Whole.

DEFERRED TO NEXT COW

l) Beachfront Licensed Establishment Lease - Beer Garden – 12 Main St. Staff has met with the owners of Wasaga Beach Brewing Company Inc. (WBBC) to negotiate lease terms and refine the designs for the beer garden structure. Following discussions, the owners of WBBC have offered to contribute capital dollars to the Town to assist in offsetting the construction costs of the beer garden. The key terms of the lease include: Five (5) years commencing on June 1, 2016; Base rent of $10,000 (exclusive of taxes, utilities, operating costs and insurance); Rent escalation of 5% per year for the term of the lease; Additional Marketing fee of $100 for marketing and events; Additional Marketing fee escalation of 5% per year for the term of the lease, and an option to renew for an additional five (5) year term. The lease amount that is being proposed by WBBC appears to be in line with where it should be based on the number of seats that will be available in the beer garden. Combined with the capital improvements proposed, it is recommended that the Town accept the Offer to Lease. The Deputy Mayor pointed out that the lease was not provided as part of the agenda and council was again being asked to approve a lease they had not seen. Although it is great that the operator is offering to pay $30,000 to assist with the construction of the bar, by the time washrooms, plumbing, electrical and the millwork are included, it is going to cost significantly more and maybe even double. The Director responded by stating that the cost estimates have been reviewed with the structural engineer and the $30,000 will go a long way to covering the cost of the construction. He advised Committee that on Friday he spoke with the Health Unit and they will permit porta pottys as opposed to permeant washrooms which significantly reduces the cost. The Mayor questioned the accessibility of the washrooms as well as the original plan to have the bar elevated and if it would be accessible. The Director responded that accessible porta pottys are available and would be provided. Since there is no longer a need for washrooms within the building, the building no longer needs to be elevated to accommodate the plumbing underneath and can be built on grade. The Deputy Mayor questioned the sketch that was provide as part of the agenda that shows washroom facilities and asked for clarification. The Director responded that

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as of Wednesday when the report was submitted for the agenda, the information was accurate. Since then he has spoken to the Health Unit again and there is no longer a need for the washrooms as shown on the sketch. The sketch provided in the report is not the final drawing as permit drawings and site plan approvals still need to be completed and submitted for the permit. Councillor Bray clarified then if council was being asked to approve a lease based on a concept. In addition, the building does not appear to be able to accommodate a capacity of 180 people as originally reported by the Director. The Director responded by stating the drawing is a concept only and is bring provided as information and that this report was about approving the lease, not the structure. He further clarified that he has never stated that the capacity for the bar would be 180, it has always be 80 and was not sure where the 180 was coming from. Councillor Bray then put forward a motion to defer this item to the next meeting to provide council with the opportunity to receive and review the detailed terms of the lease. The Director stated deferral of this item would end negotiations and the deal will not go forward. It was then; MOVED BY Councillor Bray DATE: March 15, 2016 SECONDED BY Deputy Mayor Bifolchi RESOLUTION NO. 2016-05-14 RESOLVED THAT Committee of the Whole does hereby defer the Beachfront Licensed Establishment Lease - Beer Garden – 12 Main St. to the next Committee of the Whole meeting to allow Council Members the opportunity to receive and review the detailed terms of the lease agreement. Deputy Mayor Bifolchi yea Councillor Bray yea Councillor Ego nay Councillor Smith nay Mayor Smith nay Councillor Stockwell nay

DEFEATED

Councillor Stockwell indicated he would be supporting the main motion as Council will have an opportunity to review the lease in its entirety as part of the council agenda prior to their final vote. It was then; MOVED BY Councillor Stockwell DATE: March 15, 2016 SECONDED BY Councillor Ego RESOLUTION NO. 2016-05-15

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RESOLVED THAT Committee of the Whole does hereby recommend to Council that the Town of Wasaga Beach accept the Offer to Lease from Wasaga Beach Brewing Company Inc., for 12 Main Street, (also known as the “Main Street Market Beer Garden”) for a five (5) year term, with an option to renew for a further five (5) years, based on satisfactory performance and Council approval.

Deputy Mayor Bifolchi nay Councillor Bray nay Councillor Ego yea Councillor Smith yea Mayor Smith yea Councillor Stockwell yea

CARRIED

m) Wasagabares The CAO spoke to his report. In early December a group of local naturists called Wasagabares wrote to the Town advising of a request they had made to Ontario Parks in September to designate a 520 metre stretch of the beach at the tip of Beach Area 1 as a clothing optional area for a three year trial period. This would be in recognition of this area being used informally for many years as a clothing optional area and to address complaints received last year from people stumbling into the area. Wasagabares offered to pay for and erect signage and keep the area clean. They asked for the Town’s assistance in having the section of the beach designated as clothing optional. Council received the request and referred the matter to the Tourism & Events Advisory Committee for review and recommendation. The Committee considered the request and passed a motion referring the matter back to the CAO and to Council to discuss with the MNRF and Wasagabares. The CAO has spoken to John Fisher, Park Superintendent and John Cropper, Co-Founder Wasagabares to understand their positions on the request to establish a clothing optional beach at the point of Beach Area 1 on a trial basis for three years. The Town of Wasaga Beach has no jurisdiction over Wasaga Beach Provincial Park. All the Town can do is encourage Ontario Parks to consider a matter or address a situation. The decision to act is entirely Ontario Parks. Given that the activity has occurred in Town for many years without major incident, staff is recommending that Council that Council support Wasagabares’ efforts to have Ontario Parks designate the North tip of Beach Area 1 as a Clothing Optional Beach for a three year trial period; encourage Ontario Parks to permit appropriate temporary signage along the beach and facing the parking area to indicate to visitors that they may encounter people in a natural state and encourage Wasagabares to become engaged in the Wasaga Beach Provincial Park Master Planning Process so that their request can be properly considered as part of the future of the park. Councillor Stockwell noted this issue is not new and the Wasagabares have been utilizing this area of the beach for a number of years. Issues only arose after the Ministry fenced off the area and some pedestrians stumbled across them and started complaining and harassing the Wasagabares. He had hoped to have a meeting with

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Mr. Fisher to discuss this issue as well as washrooms and lifeguards but that has not happened. He is supportive of the report. MOVED BY Councillor Ego DATE: March 15, 2016 SECONDED BY Councillor Bray RESOLUTION NO. 2016-05-16 RESOLVED THAT Committee of the Whole does hereby recommend to Council that it support Wasagabares’ efforts to have Ontario Parks designate the North tip of Beach Area 1 as a Clothing Optional Beach for a three year trial period; Further that Council encourage Ontario Parks to permit appropriate temporary signage along the beach to indicate to visitors that they may encounter people in a natural state; Finally, that Council encourage Wasagabares to become engaged in the Wasaga Beach Provincial Park Master Planning Process so that their request can be properly considered as part of the future of the park.

CARRIED

6. ITEMS FOR FUTURE MEETINGS (new items)

None 7. CLOSED SESSION

MOVED BY Councillor Bray DATE: March 15, 2016 SECONDED BY Deputy Mayor Bifolchi RESOLUTION NO. 2016-05-17

RESOLVED THAT pursuant to Section 239 of The Municipal Act, 2001, as amended, the next portion of the March 15, 2016 Committee of the Whole be closed to the public to consider Labour relations or employee negotiations (Fire Fighter Negotiation Update).

CARRIED

MOVED BY Councillor Ego DATE: March 15, 2016 SECONDED BY Councillor Bray RESOLUTION NO. 2016-05-19 RESOLVED THAT the March 15, 2016 Committee of the Whole meeting adjourns and the open session resumes.

CARRIED

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a) Staffing matters – Fire Fighter Negotiation Update

MOVED BY Councillor Smith DATE: March 15, 2016 SECONDED BY Deputy Mayor Bifolchi RESOLUTION NO. 2016-05-20 RESOLVED THAT Committee of the Whole Receive the attached information regarding recent wage increase settlements and agreements prepared for the current negotiations with the Wasaga Beach Professional Fire Fighters Association.

CARRIED

8. ADJOURNMENT The Mayor adjourned the meeting at 5:55 pm.

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Committee Chair Report

To: Members of Council

From: Councillor Ron Anderson, Chair of General Government Committee

Subject: Approval of Accounts Payable January 1 to 31, 2016

Date: March 22, 2016

RECOMMENDATION:

That the listed accounts be approved.

BACKGROUND:

In accordance with Council policy, the following accounts payable cheque, EFT and pre-authorized payment distributions have been reviewed by their respective Committeesand are hereby recommended to Council for approval:

$777,593.64

$149,583.49$18,182.54

$655.40

$123,247.28$0.00

$7,005.13$48.70$0.00

$331.94$112.50$165.97$165.97

$556,459.76$13,549.22$32,868.11

$510,042.42$2,802.13

$2,802.13$66,489.55$55,064.40$11,425.15$2,092.74$2,092.74

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Beachfront Property Management Cheque Register

Balance Sheet, Taxes, Unconditional Grants Cheque Register

General Government Committee

AdministrationCouncil Members Cheque Register

Administration Cheque RegisterProperty Purchase/Sale Cheque Register

Economic Development

Affordable Housing Cheque RegisterAccessibility Committee Cheque RegisterTown Archives Cheque Register

CemeteryCemetery Cheque Register

TreasuryTreasury Cheque RegisterDebenture Cheque Register

Information Technology

Information Technology Cheque Register

Economic Development Cheque RegisterChamber of Commerce Cheque Register

Special EventsSpecial Events Cheque Register

High School Task Force Cheque Register

Historical Advisory Committee Cheque Register

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