BY-LAW & PLANNING COMMITTEE AGENDA. 3.1 February 1, Minutes 3

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1 Agenda Package Pg 1 BY-LAW & PLANNING COMMITTEE AGENDA Monday, March 7, 2016, 4:15 pm Committee Room Pages 1. ROLL CALL 2. DECLARATION OF CONFLICT OF INTEREST 3. MINUTES OF PREVIOUS MEETINGS 3.1 February 1, Minutes 3 4. PUBLIC PRESENTATIONS 5. CORRESPONDENCE 6. UNFINISHED BUSINESS 6.1 Verbal update from the Chief Building Official on the parking issues at 99 Spine Road Only four (4) tickets were issued in February. 6.2 March 2, Draft Commercial Lease Policy. 7 To provide Council with information concerning the implimentation of aa policy to govern leasing of City-owned premises. 6.3 February 24, Report from the Director of Clerks and Planning Services Re: Expression of interest to purchase vacant property on Elliot Lake - former Police Association Clubhouse. As this matter deals with the disposition of property owned by the Municipalityit may be discussed in closed session under Section 239.(2)(c) of the Municipal Act. 6.4 February 2, Report of the Chief Administrative Officer. 20 Re: Committee of the Whole 7. NEW BUSINESS 7.1 February 29, Report from the Director of Clerks and Planning Services. To provide information to Council with respect to a request to purchse a.372 acre strip of land adjacent to 25 Dunn Road. As this matter deals with the disposition of property owned by the Municipalityit may be discussed in closed session under Section

2 Agenda Package Pg 2 8. ADDENDUM 9. CLOSED SESSION (if applicable) 10. SCHEDULING OF NEXT MEETING 10.1 April 4, 4:15PM. 11. ADJOURNMENT

3 Agenda Package Pg 3 1 BY-LAW & PLANNING COMMITTEE MEETING MINUTES Monday, February 1, 2016, 4:15 pm Committee Room Present: Councillors: Resources: T. VanRoon, Chair C. Martin, Member N. Mann, Member D. Marchisella, Member ex officio S. Reinhardt (Arrived at 4:30PM) C. Nykyforak L. Cyr B. Ewald, CBO/Secretary L. Sprague, City Clerk, Resource J. Renaud, CAO, Resource 1. CALL TO ORDER 2. DECLARATION OF CONFLICTS OF INTEREST 3. MINUTES OF PREVIOUS MEETINGS 3.1 January 4, 2016 Regular Meeting Res. 07/16 Moved By: C. Martin Seconded By: N. Mann That the following minutes be adopted: January 4, Carried Committee agreed to move Item 7.3 forward on the agenda.

4 Agenda Package Pg Report from the CAO Re: Committee of the Whole 2 Moved By: D. Marchisella Seconded By: C. Martin That the Bylaw and Planning Committee recommend to Council that Bylaw #16-06 be amended as necessary to authorize the following: 1) That all Standing Committees be comprised of the entirety of Council as full members with rotating Committee Chairs; and 2) That the Standing Committee meetings be scheduled to be held consecutively on the 1 st and 3 rd Monday of the month. A motion to defer this matter was introduced. Res. 08/16 Moved By: D. Marchisella Seconded By: C. Martin That Report CAO be deferred to the next regularly scheduled meeting of the Bylaw and Planning Committee. Carried 4. PUBLIC PRESENTATIONS 5. CORRESPONDENCE 6. UNFINISHED BUSINESS 6.1 Leases for space at Lester B. Pearson Civic Centre This matter was re-introduced by the Mayor for the purposes of clarifying the direction to staff from the last meeting. The Committee felt further direction was not needed and that staff was directed to continue rentals on a month to month basis until a policy is implemented by Council. Staff is to prepare a report concerning new terms of use agreements with Civic Centre tenants and draft a policy for the Committee to review that limits tenancy in the Civic Centre to non-commercial enterprises. Not-For-Profit organization should be defined. 6.2 Verbal update from the Chief Building Official on the parking issues at 99 Spine Road The number of tickets issued has declined to about one or two tickets every couple of days.

5 Agenda Package Pg NEW BUSSINESS 7.1 January 21, Report from the Director of Clerks and Planning Services Re: Expression of interest to purchase vacant property on Elliot Lake former Police Association Clubhouse Res. 09/16 Moved By: N. Mann Seconded By: D. Marchisella As this matter deals with the disposition of property owned by the Municipality that it be discussed in closed session under Section 239.(2)(c) of the Municipal Act. Carried 7.2 January 28, Draft Site Plan Control Agreement Res. 10/16 Moved By: N. Mann Seconded By: C. Martin That the By-law and Planning Committee recommend to Council that the Site Plan Control Agreement for the proposed NAPA Power Sports located on Parts on Plan 1R-11605, Highway 108 be approved. Carried 8. ADDENDUM 9. CLOSED SESSION Res. 11/16 Moved By: N. Mann Seconded By: D. Marchisella That the Committee proceed into closed session at the hour of 5:10PM. Carried Res. 12/16 Moved By: D. Marchisella Seconded By: N. Mann That the Committee come out of closed session at the hour of 5:35PM. Carried

6 Agenda Package Pg NEXT MEETING March 7, 2016 at 4:15PM 11. ADJOURNMENT Res. 13/16 Moved By: C. Martin Seconded By: N. Mann That this meeting adjourn at the hour of 5:36PM. Carried

7 Agenda Package Pg 7 The Corporation of the City of Elliot Lake Staff Report CK Report of the City Clerk RE: COMMERCIAL LEASE POLICY OBJECTIVE To provide Council with information concerning the implementation of a policy to govern leasing of City-owned premises. RECOMMENDATION That Report CK , of the City Clerk dated March 2, 2016 concerning the development of a policy to address the leasing of office space in City owned facilities to commercial businesses be received. Respectfully submitted, Approved by, Lesley Sprague City Clerk Jeff Renaud Chief Administrative Officer March 2, 2016

8 2 Agenda Package Pg 8 BACKGROUND The City leases office space at the Lester B. Pearson Civic Centre to numerous tenants. At the end of 2015, eleven leases had reached the end of their three year terms. The following six tenants pay the regular rate of $15.17 per square foot (including utilities): Serco Des Inc. (Drivers Licence); Community Living Algoma; MP; MPP; North Channel Literacy Council; and the Museum. The following five tenants pay the reduced rate for Non-Profit Arts / culture groups : ELATE (gallery); Arts Club, Model Railroad Cub; Ariel; Stage Door Players. The City also leases space at the White Mountain Building. The average rental rate is $21.50 per square foot (including utilities). The tenants at White Mountain include: Public Library; NWMO; Service Canada; Studio Dance Arts; Business Incubator; Alzheimer Society of SSM/Algoma; Children s Rehabilitation Centre Algoma; Centre Victoria; and the City s Parks Dept. The Committee has requested that a policy be prepared with respect to criteria for leasing space to not-for-profit tenants. ANALYSIS Extract from the Ontario Not-for-Profit Guide: Not-for-profit corporations are organizations that provide products or services without making profit. They are generally dedicated to activities that improve or benefit a community. A not-for-profit may generate revenue, but only if the revenue goes back into the organization to further its aims and projects. Charitable status is not automatically obtained when you set up a not-for-profit. The charitable status allows a not-for-profit corporation to issue tax receipts or be eligible for specific tax incentives. Non-profit corporations are distinct from business corporations which are formed to make a profit and to distribute the profit to its shareholders. A significant number of the tenants at the Civic Centre and The White Mountain Building were formerly leasing space at the Algo Centre Mall. Attached is a listing of commercial space availability in the community. The availability of suitable alternative space for all of the tenants paying the commercial rate is questionable. The loss of revenue will significantly impact the City s operating costs for these facilities. A draft Commercial Lease Policy is attached for consideration. Under this draft policy, organizations that provide a community service but have employees or represent a branch of government qualify to lease space at the commercial rate. Organizations such as arts or culture groups that rely on volunteers and have no source of funding would qualify for the reduced lease rate. The Studio Dance Arts is an arts / culture entity offering recreational education for children and the Serco Drivers Licencing provides a needed community service; however both of these organizations operate for a profit and therefore would not qualify under the proposed Commercial Lease Policy.

9 3 Agenda Package Pg 9 FINANCIAL IMPACT Facility Tenant Monthly rent Monthly Totals including HST White Mountain Service Canada $5, Alzheimer Society of SSM/Algoma NWMO 1, Children s Rehabilitation Ctr Algoma 1, Studio Dance Arts 2, Centre Victoria Business Incubator 1, WMA subtotal 14, Elliot lake Public Library 10, Parks and Rec loading area and garage 2, WMA total $27, Civic Centre ARIEL - gallery Arts Club ELATE Model Railroad Club Stage Door Players CC Sub-total - Reduced rate tenants CC subtotalregular rate tenants SERCA Drivers Licensing Literacy Council 1, CLA Community Living Algoma 1, Carol Hughes MP 1, Michael Mantha MPP 1, , , Museum 3, Civic Ctr Total $11, LINKS TO STRATEGIC PLAN SUMMARY In order to address the leasing of space in an impartial, objective manner under the draft policy, each organization will be required to create a not-for-profit corporation. The Corporation Centre indicates that in Ontario the processing period is 60 days to incorporate as a non-profit and the fee is $

10 Agenda Package Pg 10 COMMERCIAL LEASE POLICY PURPOSE: The purpose of this policy is to establish guidelines for the leasing of office space in Municipally-owned and operated facilities. POLICY STATEMENTS: This policy applies to leasing of space in the Lester B. Pearson Civic Centre and the White Mountain Building. The Chief Administrative Officer is authorized to enter into lease agreements subject to the terms of this policy. Organizations that benefit from government funding shall pay the established commercial rate. Organizations with paid employees shall pay the established commercial rate. Arts and Culture / Volunteer Groups and Non-profit corporations shall pay the reduced rate. All tenants must provide goods or services without making a profit and meet one or more of the following criteria: 1) a Non-profit corporation formed pursuant to federal or provincial law. A non-profit corporation can be a church or church association, school, charity, medical provider, activity clubs, volunteer services organization, professional association, research institute, museum, or in some cases a sports association. 2) provincial or federal government office, including local constituency offices. CONDITIONS OF LEASES: The tenant shall enter into a lease agreement with the City. The lease shall be for a fixed term not to exceed three years as approved by the City. The lease shall not be assigned without the consent in writing of the City. The tenant shall provide a certificate of liability insurance, naming the municipality as an additional insured. All improvements shall be subject to approval by the City. Either party may terminate the lease in advance of the expiry date by giving two months notice in writing.

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20 Agenda Package Pg 20 The Corporation of the City of Elliot Lake SR CAO Report of the Chief Administrative Officer For the Consideration of Committee RE: COMMITTEE OF THE WHOLE Objective To provide the Bylaw and Planning Committee information pertaining to the use of a Committee of the Whole. Recommendation THAT report SR CAO dated February 2 nd, 2016 be received; and THAT the Bylaw and Planning Committee recommend to Council that Bylaw # be amended as necessary to authorize the following: 1) That all Standing Committees be comprised of the entirety of Council as full members; and 2) That the Standing Committee meetings be scheduled to be held consecutively on a single date and time. Respectfully Submitted: Jeff Renaud CAO February 2 nd, 2016

21 Agenda Package Pg 21 2 Background During the ongoing review of the municipal operations, the following observations have been made: 1) The current members of Council are very involved and make significant efforts to attend every standing committee meeting regardless of whether they are appointed members; and 2) During Standing Committee meetings, the common practice has been for the Chair of the committee to permit the active participation of the un-appointed Council members. In addition to the above observations, the CAO s office has also received the following comments: 1) Some members of Council have indicated that it is difficult to attend all meetings as the diverse meeting dates must be added to already busy schedules; 2) Members of the public have indicated that there is a perceived lack of openness and transparency in the fact that decisions appear to be made at committee meetings and then rubber stamped at Council. (This perception is likely exacerbated by the fact that committee meetings are not currently broadcasted). The concept of the City utilizing a Committee of the Whole approach to standing committees was previously discussed during the deliberations of the Ad Hoc Procedural Bylaw Committee. During those deliberations there appeared to be a diversity of views on the concept, however, the matter was not implemented into the procedural bylaw at that time. Following the adoption of the revised Procedural Bylaw, members of Council have expressed to the CAO a desire to re-enter a discussion on the relative merits of implementing a Committee of the Whole approach.

22 Agenda Package Pg 22 3 Analysis What is Committee of the Whole Committee of the Whole meetings are intended to be a less formal forum for discussing concerns. The committee is comprised of the entirety of the members of Council. Staff will attend to speak to their reports, and to answer any questions that Council may have on any matter. A quorum for the Committee of the Whole shall be the same as for Regular Council meetings. A Committee of the Whole does not have the authority to initiate an action (limited to providing direction to the CAO). Instead, it reviews and gathers information on behalf of Council, relative to a particular topic. Once the committee of the Whole has received the information it requires, a recommendation may be referred to Council for consideration. All Committee of the Whole and other Committee recommendations are forwarded to Council at its Regular Council meetings at which time Council decides whether or not it will adopt the recommendations. Public attendance and participation are encouraged at Committee of the Whole meetings. It is also an appropriate forum for public delegations to appear because the committee structure allows for less formal discussion and questions. Advantages 1) Committee is comprised of all 7 members of Council, and all members have full membership rights. This is in contrast to the current structure of only 3 members having full membership rights. 2) Unifying the meetings to a single date has the advantage of easing the scheduling of meetings. Members and the Public can be certain that meetings will be held on the prescribed date and time. 3) The proposed unification of the meeting date/time will also allow key staff members to plan both their work and home lives effectively to ensure availability for these meetings is maximized. 4) Unification of the meeting date/time also provides an additional opportunity for key staff to participate in discussions not necessarily assigned to their primary committee. This may allow for greater advice and expertise being present as part of the decision making process. 5) Committee of the Whole approach is easily amendable to meet any changes to organizational design and or corporate/council objectives should there be a desire to do so.

23 Agenda Package Pg 23 Disadvantage: 4 1) In unifying the date/time of standing Committee meetings, there will on occasion be times where administration may identify that a decision is required on a matter that cannot wait until the next Committee of the Whole meeting. While it will be incumbent upon staff to take steps to mitigate this, however it may be necessary to bring matters directly to Council from time to time. a. Bringing occasional matters directly to Council may mitigate, in some respects the rubber stamp perception of Council meetings as the debate would likely be more robust having not already done so at committee. Options Based upon the background and analysis herein contained, administration hereby submits the following options for consideration: 1. Status Quo Committee may elect to receive this report for informational purposes and refrain from making any recommendations to Council. This would leave the current system unchanged. 2. Standing Committees become Committees of the Whole This option would recognize the current practice of all members of the Council attending and participating in the Standing Committee meetings. 3. Single Meeting Committees of the Whole This option allows current practice at the meetings to be recognized as well as allowing for an ease in scheduling of meetings by establishing a single calendar date for all Standing Committees. This option maximizes the advantages identified earlier in this report. 4. Dissolve Standing Committees in favour of a single Committee of the Whole It is not uncommon, especially in smaller municipalities, for Councils to dispense with the concept of separately constituted Standing Committees in favour of a single committee of the whole. In this model, the Committee of the Whole has no boundaries to its mandate. Generally it is chaired by the Chief Elected Official. Given its exceptional similarity to Council meetings, this approach is not recommended at this time.