COMMITTEE OF THE WHOLE REPORT Held January 19, 2016 at 3:00 p.m. in the Classroom PRESENT: B. Smith Mayor N. Bifolchi Deputy Mayor R. Anderson Councillor S. Bray Councillor R. Ego Councillor B. Smith Councillor B. Stockwell Councillor G. Vadeboncoeur Chief Administrative Officer H. Bryce Town Clerk P. Archdekin Deputy Clerk M. Quinlan Treasurer A. McNeill Director of Economic Development & Tourism J. Legget Communications Officer A. Webster Special Events Coordinator 1. CALL TO ORDER called the meeting to order at 3:00 p.m. 2. DISCLOSURE OF PECUNIARY INTEREST - None 3. DEPUTATIONS, PETITIONS AND PUBLIC MEETINGS - None 4. UNFINISHED BUSINESS See attached list inquired when items b, c, d and e are coming forward. The CAO provided responses. requested that the dates be put back on unfinished finished items as to when they were originally requested. 5. NEW BUSINESS a) Economic Development &Tourism - Main Street Market Mr. McNeill spoke to his report which is a follow up to his Report of December 15 that was referred back to staff for two issues; investigate potential longer lease with the Wasaga Beach Brewing Company and to confirm numbers in business plan. What has changed is that the Brewing Company is agreeable to a longer lease term of 3 years with the option to renew for 2 more to bring in line with other leases so all of the terms are consistent.
COWOC January 19, 2016 Page 2 of 11 There are minor changes to rental rates, being increased from $5,600 to $6,000 for the kiosks for additional revenue, but keeping the rates at an affordable price. A major change is the cost of infrastructure and servicing of the kiosks. Mr. McNeill is having ongoing discussions with the Health Unit as initially it was proposed that there would be portable water units for the food kiosks, but they are only permitted for 14 days. He has asked the Health Unit to permit longer terms and is awaiting a response. He has presented a worst case scenario for the hard costs for water and sewer if they have to be installed and is working with the Director of Public Works to find the most cost effective way. The dollars for Market/Event Coordinator position was approved in the 2016 Town budget and added to this report so that Council can see the whole budget and the cost recovery for that position can be outlined. There will be a deficit for the first year but the second year and beyond the market will be in a positive position. noted that on December 15 th she shared several concerns and asked for further information on: Liability; life guards; vision for beach front; volunteers; dimensions square footage and construction materials of the beer garden. She didn t see the answers in the report. The beer garden now has a lower rent amount than what was originally proposed in the initial report and given the number of details that are still missing; she will not support the recommendation. The Deputy Mayor asked for recorded vote. preferred to separate the items out in the resolution as he does not support the MNR portion of the report, which has nothing to do with the rest of the items. He is not a fan of the percentage of sales model for rent especially when we have an RFP out for a bar that is not rented, yet we are building a beer garden. Theproposal competes against our selves. also requested to separate the motion and that was supported by Deputy Mayor Bifolchi. questioned if the life guards were within that discussion. Mr. McNeill advised that lifeguards have not been approved by the MNR and an agreement would come back to Council. Mr. McNeill added that he has already met with the Ministry and their senior staff. He has a draft template of an agreement and is waiting for direction of Council then discussions will proceed. The Clerk confirmed that Committee would prefer separate motions and it was then verbally moved by seconded by to separate the items. Carried Mr. McNeill advised that he will provide a report on the MNR issues. It was then;
COWOC January 19, 2016 Page 3 of 11 MOVED BY B. STOCKWELL SECONDED BY R. ANDERSON RESOLUTION NO. 2016-01-01 RESOLVED THAT Committee of the Whole does hereby recommend to Council to proceed to negotiate a draft agreement with the Ministry of Natural Resources and Forestry, subject to Council approval, seeking delegation of authority to the Town of Wasaga Beach to manage Beach Areas One and Two; Discussion ensued with respect to the chairs and kiosks and the 2016 budget. It was then; SECONDED BY S. BRAY RESOLUTION NO. 2016-01-02 RESOLVED THAT Committee of the Whole does hereby recommend to Council to proceed to negotiate kiosk leases with prospective vendors, subject to Council approval, within the following lease framework: a. Lease term is to be three (3) years with an option to renew for an additional two (2) years; b. Lease rate is to be $6,000 per year exclusive of taxes and utilities. noted she is excited to see the Brewing Company but did not support the tax payers risk on a new adventure and suggested they could be renting the Dard. Discussion continued with respect to liability and percentage of sales. Mr. McNeill provided an explanation for the rationale of the percentage of the lease. noted that Council is subsidising a one entrepreneur and hopes that Council will be willing to help someone else out. We could have a lot of unique entrepreneurs in Wasaga Beach and have to help everyone. did not feel that this opportunity has been presented to other craft brewers and did not create equal opportunity. Mr. McNeill noted it is the recommendation that it be
COWOC January 19, 2016 Page 4 of 11 sole sourced to the Wasaga Beach Brewery Company as they are the only craft brewery in Town. inquired if there was discussion on renting the Dard. Mr. McNeill advised there was but being a start-up company they had more comfort for 2016 in the Main Street Market. They would like to grow into the Dard in the future. It was then; SECONDED BY B. STOCKWELL RESOLUTION NO. 2016-01-03 RESOLVED THAT Committee of the Whole does hereby recommend to Council to proceed to negotiate lease terms with Wasaga Beach Brewing Company, subject to Council approval, to operate the Main Street Market beer garden as follows: a. Lease term is to be three (3) years with an option to renew for an additional two (2) years; b. Lease rate is to be 8% of gross sales with a minimum guarantee of $10,000 per year exclusive of taxes and utilities. And; Proceed to retain an Architect to prepare building permit drawings for the beer garden and secure a building permit to construct the beer garden. Committee inquired if the request for quotes falls under the Town s Procurement Policy. Mr. McNeill confirmed it does. He will put out a request for quotes and see what come in and tries to confirm three bids. What was presented was just a concept and what comes in may look different from that design. It was then; SECONDED BY R. EGO RESOLUTION NO. 2016-01-04 RESOLVED THAT Committee of the Whole does hereby recommend to Council to proceed to seek three written quotes for all capital purchases and capital construction items and, as per the Towns Procurement Policy, proceed according to the best value bid for the town, and proceed to begin construction of market infrastructure once a contractor is retained.
COWOC January 19, 2016 Page 5 of 11 Discussion ensued with respect to the new staff position. Ms. Legget was invited to the table and explained the purpose of the position and the tie in with Special Events. To make the market a reality, a dedicated person is required as existing staff workloads would not be able to accommodate an additional project such as the market. Within the 2016 budget Special Events have budgeted for three positions; one is the full time Special Event Coordinator, a 24 hour a week special event assistant and the third is a 3 year contractual market/special events coordinator. The Mayor noted the position and the dollar amount were included in the 2016 budget and Staff are now asking for permission to hire the person. Ms. Legget noted that Council approved the market, and now we need the resources to do it. It was then; SECONDEE BY R. EGO RESOLUTION NO. 2016-01-05 RESOLVED THAT Committee of the Whole recommend does hereby recommend to Council that an additional contract staff position be created called Beachfront/Event Coordinator, to be hired on a three year contract with a start date of April 1, 2016 at a budgeted amount of $65,000 for 2016, as already provided for in the 2016 budget. b) Economic Development &Tourism - Lease for 93 Beach Drive Unit B Beavertails Commercial Inc. Mr. McNeill spoke to his report noting most great places have a Beavertails and they see potential here in Wasaga Beach. inquired if there was a non-compete clause to which Mr. McNeill advised there was not. It was then; SECONDED BY S. BRAY RESOLUTION NO. 2015-01-06 RESOLVED THAT the Committee of the Whole does hereby recommend to Council that the Town of Wasaga Beach accepts the Offer to Lease from Beavertails Commercial Inc., for 93 Beach Drive, Unit B. c) Economic Development & Tourism- Award of RFP for Beachfront Licensed Establishments then requested to go in Camera for all three items within this report. Committee inquired of s intent. The CAO responded that he believes it
COWOC January 19, 2016 Page 6 of 11 is a procedural matter pertaining to the RFP process that may have legal implications that affect the lease. advised that the first closed session will be with Wasaga Distribution; we will go back to open session, and then closed session again for the RFP discussion. The Mayor then advised the public that Committee will be going into a closed session or about an hour and if you wished to return at about 5:00 p.m. the open session would resume. Committee took a brief recess and called the meeting back to order at 4:05 p.m. 7. CLOSED SESSION a) Solicitor Client privilege Wasaga Distribution Education Session Committee moved into Closed Session for the purpose of the Wasaga Distribution Education Session. MOVED BY B. STOCKWELL SECONDED BY S. BRAY RESOLUTION NO. 2016-01-07 RESOLVED THAT pursuant to Section 239 of The Municipal Act, 2001, as amended, the next portion of the January 19, 2016 Committee of the Whole be closed to the public to for an Education Session from Wasaga Distribution subject to solicitor client privilege. Committee went into closed session at 4:06 p.m. Open session resumed at 5:08 p.m. Closed Session Resolution 2016-01-08 called for a short recess. Committee resumed at 5:17 p.m. rose and reported on the first closed session presentation from Wasaga Distribution Board of Directors and Mr. Mark Rogers. Further discussion will take place. advised that we will return to the regular Agenda. Item c) Award of RFP for Beachfront Licensed Establishments It was noted that has requested a closed session and it was then;
COWOC January 19, 2016 Page 7 of 11 MOVED BY B. STOCKWELL SECONDED BY R. ANDERSON RESOLUTION NO. 2016-01-09 RESOLVED THAT pursuant to Section 239 of the Municipal Act, 2001, as amended, the next portion of the January 19, 2016 Committee of the Whole be closed to the public for a matter pertaining to a potential litigation. Committee went into closed session at 5:20 p.m. The open session resumed at 6:06 p.m. Closed Session Resolution 2016-01-10 rose and reported that a discussion was held pertaining to a potential litigation and clear direction was provided to the CAO. MOVED BY B. STOCWELL SECONDED BY R. EGO RESOLUTION NO. 2016-01-11 RESOLVED THAT Committee of the Whole refer the report on the award of the RFP s for the Beachfront Licensed Establishments back to staff for further review; excluding the Dard. That staff provide an updated report directly to Council on January 26, 2016. MOVED BY R. ANDERSON SECONDED BY R. EGO RESOLUTION NO. 2016-01-12 RESOLVED THAT Committee of the Whole recommend to Council that the RFP for the Dardanella beachfront licensed establishment be reissued to seek an operator to operate the existing usable space for the 2016 season. 5d) 31 Beach Drive Copa Roof Tender The Clerk spoke briefly to her report and it was then; MOVED BY R. EGO SECONDED BY S. BRAY RESOLUTION NO. 2016-01-13 RESOLVED THAT the Committee of the Whole does hereby receive the report pertaining to the Tender Results for Roof Repairs 31 Beach Drive (COPA); and, That the Committee of the Whole does hereby recommend to Council that the roof repairs for 31 Beach Drive (COPA) be awarded to Midhurst Roofing in the amount of $100,508, plus HST.
COWOC January 19, 2016 Page 8 of 11 5e) Fairy Godmothers Program. The Clerk spoke to the program noting it benefits Grade 8 and Grade 12 graduates by providing gently used formal wear for those in need. The evening is held in Collingwood and as some Wasaga Beach youth may not have the ability to attend due to transportation limitations, providing a bus link and waiving fees would give the youth the option. Passes would be provided which would be handed to the driver when they get on. After a short discussion it was then; SECONDED BY N. BIFOLCHI RESOLUTION NO. 2016-01-14 RESOLVED THAT the Committee of the Whole does hereby receive the report pertaining to the Request for Waived Transit Link Fees Fairy Godmothers Program; and, THAT the Committee of the Whole does hereby recommend to Council that free youth transit passes be provided on February 17, 2016 for the Fairy Godmothers Program. 5f) OCIF and SFC The Treasurer spoke to her report and a short discussion ensued about how applications are evaluated. It was then; MOVED BY N. BIFOLCHI SECONDED BY S. BRAY RESOLUTION NO. 2016-01-15 RESOLVED THAT the Committee of the Whole does hereby recommend to Council that it receive the Treasurer s report with respect to the responses received form the Ontario Community Infrastructure Fund (OCIF) and the Small Communities Fund (SCF) grant application, for information. 5g) Food Bank The Treasurer spoke to the budget process where a budget line was created for the Foodbank as a placeholder in the amount of $24,000, but it was clear it was not final approval. The Treasurer requested direction on what Council felt was a reasonable grant to the Foodbank for this year and for the next two years. Committee held a discussion on preferred options noting that although the grant request indicates the funds would be used to offset their rental costs, it is really being put to food and so should it. suggested that Council approve Option #3. requested a recorded vote and it was then;
COWOC January 19, 2016 Page 9 of 11 SECONDED BY R.EGO RESOLUTION NO. 2016-01-16 RESOLVED THAT the Committee of the Whole does hereby recommend to Council that it receive the Treasurer s report on the Wasaga Beach Ministerial Food Bank Grant request for discussion; and, FURTHER THAT a donation in the amount of $ 11,805.00 be provided to the Wasaga Beach Ministerial Food Bank; and, FINALLY THAT the amount determined above be provided for the next two years (2017 and 2018), subject to satisfactory review of financial statements and final approval by Council. Councillor Bifolchi 5h) Syrian Refugee Resettlement Program The CAO spoke briefly to his report and it was then; MOVED BY S. BRAY SECONDED BY N. BIFOLCHI RESOLUTION O. 2016-01-17 RESOLVED THAT the Committee of the Whole does hereby receive the Report from the CAO on the Syrian Refugee Resettlement Program, for information. 5i) Public Open House Terms of Reference The CAO spoke to the Open House Terms of Reference. Discussion ensued with respect to location and how the June meeting would be held. The Open House would give the public the opportunity to meet Council and staff and ask questions in a very informal setting. The Mayor indicated he wanted to set a second date for the fall now as opposed to waiting until after the spring event. It was then;
COWOC January 19, 2016 Page 10 of 11 MOVED BY BF SMITH SECONDED BY B. SMITH RESOLUTION NO. 2016-01-18 RESOLVED THAT Committee of the Whole recommend to Council that a second open house be held in the Fall of 2016 at the RecPlex. DEFEATED MOVED BY B. STOCKWELL SECONDED BY R. EGO RESOLUTION NO. 2016-01-19 RESOLVED THAT the Committee of the Whole does hereby recommend to Council that it approve the Terms of Reference for the Informal Public Open House to be hosted by Council and Senior Staff; and, FURTHER THAT Saturday, June 4, 2016 be approved as the date for the 2016 Open House. 5j) Geosands The CAO spoke to the existing Shareholders Direction and the composition of the various boards. He provided a background on the appointments, what should have been happening with respect to the term of the members for the last two appointments. It was noted that the term will be set up as two year and three year terms initially and members will have to reapply at the end of their term as outlined in the Town s existing policy on appointing the general public to boards. It was noted that has requested a nominating committee of four people look at the applications and make recommendations to Council. It was then; MOVED BY R. EGO SECONDED BY B. SMITH RESOLUTION NO. 2016-01-20 RESOLVED THAT the Committee of the Whole does hereby recommend to Council that it amend the Shareholder Direction for Geosands Inc. and its Subsidiaries, Wasaga Distribution Inc. and Wasaga Resources Inc. as per the proposed Schedule A to the amending by-law attached to this report; and, THAT in accordance with the Shareholders Direction the Geosands Inc. Board of Directors be notified of the proposed amendment. called for a short recess at 6:50 p.m. Committee reconvened at 7:00 p.m.
COWOC January 19, 2016 Page 11 of 11 7. CLOSED SESSION b) Solicitor Client privilege Wasaga Distribution Education Session c) Proposed acquisition or disposition of land d) Performance Review - CAO MOVED BY R. EGO SECONDED BY S. BRAY RESOLUTION NO. 2016-01-21 RESOLVED THAT pursuant to Section 239 of The Municipal Act, 2001, as amended, the next portion of the January 19, 2016 Committee of the Whole be closed to the public to consider legal advice that is solicitor client privilege including communications necessary for that purpose; proposed acquisition or disposition of land and personal matters about an identifiable individual. Open Session resumed at 7:58 p.m. Closed Session Resolution: 2016-01-22 rose and reported discussion was held in closed session and direction provided. MOVED BY R. ANDERSON SECONDED BY R. EGO RESOLUTION NO. 2016-01-23 RESOLVED THAT the Committee of the Whole of January 19, 2019 does hereby confirm the direction given to the HR Coordinator, in Closed Session. 8. ADJOURNMENT adjourned the meeting at 8:00 p.m.