COMMITTEE OF THE WHOLE MEETING AGENDA Monday, September 8, 2014-8:30 AM Council Chambers Municipal Hall, 13211 Henry Ave. Summerland, BC Page 1. Call to Order 2. Adoption of Minutes 2-5 2.1 Adoption of Minutes Recommendation: THAT the Committee of the Whole meeting minutes dated August 25th, 2014, be adopted. 3. Adoption of Agenda 4. Delegations 6-8 4.1 Delegation: 2014 'Pay It Forward' Community Initiative (endorsed by Hockey Canada, Penticton, Summerland and South Okanagan Minor Hockey Associations) Tony Veltri, Representative 4.2 Delegation: Royal Canadian Legion Branch 22 - Request for Grant-in-Aid (reduction of electrical administration fee) John Dorn, Past President 5. Regular Meeting Agenda Review 6. Unfinished Business 7. New Business 9-18 7.1 Summerland Chamber of Commerce Service Agreement Recommendation: THAT Council approve the proposed fee-for-service agreement between the District of Summerland and the Summerland Chamber of Commerce. 8. Adjourn Page 1 of 18
MINUTES OF THE COMMITTEE OF THE WHOLE HELD AT DISTRICT OF SUMMERLAND COUNCIL CHAMBERS 13211 HENRY AVENUE, SUMMERLAND, BC ON MONDAY, AUGUST 25, 2014 MEMBERS PRESENT: Her Worship Mayor Janice Perrino Councillor Lloyd Christopherson Councillor Robert Hacking Councillor Orv Robson Councillor Marty Van Alphen Councillor Peter Waterman Member Absent: Staff Present: Councillor Bruce Hallquist Lorrie Coates, Acting CAO Don Darling, Director of Works and Utilities Jeremy Denegar, Director of Corporate Services Maureen Fugeta, Corporate Officer Brenda Ingram, Recreation Manager Ian McIntosh, Director of Development Services Glenn Noble, Fire Chief 1. CALL TO ORDER Mayor Janice Perrino called the meeting to order at 8:30 a.m. 2. ADOPTION OF MINUTES 2.1 Adoption of Minutes Moved and Seconded, THAT the Committee of the Whole meeting minutes dated July 28th, 2014, be adopted. Carried. 2.1 Adoption of Minutes Page 2 of 18
Committee of the Whole Meeting August 25 th, 2014 2.2 Adoption of Minutes Moved and Seconded, THAT the Special Committee of the Whole meeting minutes dated August 11th, 2014, be adopted. 3. ADOPTION OF AGENDA Moved and Seconded, Carried. THAT Item 6.3 Sidewalk Maintenance, be added to this morning s Committee of the Whole meeting agenda. 4. REGULAR MEETING AGENDA REVIEW Carried. Item 10.3 OCP/Zoning Amendment Application 6003 Dale Avenue Members and staff discussed proposed parkland, DCC s, legislated requirements for subdivisions, amenity contribution, Johnson/Woods Avenue congested area, road works and sidewalks. Item 8.1 Metered Water Rates and Fixed Water Service Fees (Bylaw No. 2014-019 Water Utilities and Bylaw No. 2014-020 Amendment of Fees and Charges for Water Rates) Members and staff discussed implementation of new water rates, more than one service on residential properties, flat rate fees and rate structure, farm operations, consumption of water, irrigation roll and farm status, District revenue to run the water utility and pit meters. 5. NEW BUSINESS 5.1 Replacement of HVAC Unit at the Aquatic Center The Recreation Manager advised that the compressor for the HVAC unit has failed and staff is requesting a replacement. She added that to replace the existing unit with a new roof top HVAC including an economizer is approximately $12,000, and that the funding source will be from a reserve account. Moved and Seconded, THAT Council authorize the replacement of the roof top HVAC unit at the Aquatic & Fitness Room as the unit has failed; 2.1 Adoption of Minutes Page 3 of 18
Committee of the Whole Meeting August 25 th, 2014 AND THAT funding for the replacement of HVAC unit, come from the Recreation Services Reserve account. 5.2 Digital Highway Directional Signage Policy Carried. The Director of Development Services introduced the Digital Highway Directional Signage Policy. Members discussed increase in tourism, highway visibility, brightness of sign, community sporting events and awareness advertising opportunities and positive messaging. Moved and Seconded, THAT Council approve the Digital Highway Directional Signage Policy attached as Schedule A, to the Director of Development Services staff report dated August 25th, 2014. 5.3 Sidewalk Maintenance Carried. One member stated that he was approached by a citizen who advised there was a substantial amount of gravel on a sidewalk and parking lot area, where the electric vehicle charging station is situated adjacent to the post office. The Director of Works and Utilities advised that he would organize a patching crew to clean up the site. 6. RESOLUTION TO CLOSE MEETING TO THE PUBLIC 6.1 Resolution to Close Meeting to the Public Moved and Seconded, THAT this meeting now be closed to the public pursuant to Section 90(1)(e) of the Community Charter for Council to discuss municipal owned property. Carried. 2.1 Adoption of Minutes Page 4 of 18
Committee of the Whole Meeting August 25 th, 2014 7. ADJOURN The Committee of the Whole meeting went into a closed session at 9:18 a.m. and subsequently adjourned at 9:50 a.m. Certified Correct: Mayor Corporate Officer /mf 2.1 Adoption of Minutes Page 5 of 18
4.1 Delegation: 2014 'Pay It Forward' Community Initiative (... Page 6 of 18
4.1 Delegation: 2014 'Pay It Forward' Community Initiative (... Page 7 of 18
4.1 Delegation: 2014 'Pay It Forward' Community Initiative (... Page 8 of 18
THE CORPORATION OF THE DISTRICT OF SUMMERLAND COUNCIL REPORT DATE: September 3, 2014 TO: Lorrie Coates, Acting Chief Administrative Officer FROM: Jeremy Denegar, Director of Corporate Services SUBJECT: Summerland Chamber of Commerce Service Agreement STAFF RECOMMENDATION: THAT Council approve the proposed fee-for-service agreement between the District of Summerland and the Summerland Chamber of Commerce. PURPOSE: To present and explain the proposed fee-for-service agreement attached as Schedule A that will renew the positive working relationship between the District of Summerland and the Summerland Chamber of Commerce. BACKGROUND and DISCUSSION: The District of Summerland has had a formal working relationship with the Summerland Chamber of Commerce since 2001, when an agreement was made to annually transfer all funds collected by the District for business licenses, plus all revenues collected from increasing Class 5, 6 and 8 property taxes by 0.18%, and an additional $25,000, in exchange for the Chamber providing economic development and tourism promotion services. In 2005, the agreement was modified to increase annual funding to $200,000 in the form of a grant-in-aid, effectively decoupling it from business license and property tax revenues. The upcoming renewal of the service agreement is an opportunity to update the contract so that it accurately reflects the legal relationship between the District and the Chamber and more clearly defines the expectations of both parties, and thus a comprehensive fee-for-service agreement is being proposed. This new agreement will also formally establish the requirement that the Chamber grant full membership, free of charge, to all businesses based in Summerland that have paid the District for an annual business license. Further, the District has funded the Chamber $200,000 per year since 2005 with no annual increases. Taking inflation into account, this equates to an effective decrease in funding of 17% over that time span. (Equivalent funding today would be $235,000.) The 1 7.1 Summerland Chamber of Commerce Service Agreement Page 9 of 18
new agreement increases funding to a total of $220,000 in 2015, with future annual increases tied to inflation. The Chamber has been granted a permissive tax exemption, so $6,885 of property taxes are not being collected ($3,538 for the District and $3,347 for other agencies). As well, the Chamber occupies a building on District land. There is a nominal lease rate of $1.00/per year and our estimation of the market rent for the land is $15,000 per year. FINANCIAL IMPLICATIONS: The District will incur an increased expense of $20,000 in 2015, and future increases equal to inflation. The average increase between 2009 and 2014 is approximately 1%. ALTERNATIVES TO STAFF RECOMMENDATION: 1. THAT Council recommend amendments to the agreement. 2. THAT Council request further information. 3. THAT Council reject the agreement. Respectfully Submitted Director of Corporate Services Approved for Agenda Lorrie Coates Acting CAO Lorrie Coates Sept 3, 2014 2 7.1 Summerland Chamber of Commerce Service Agreement Page 10 of 18
Schedule A Proposed Fee-for-Service Agreement 3 7.1 Summerland Chamber of Commerce Service Agreement Page 11 of 18
This Agreement made as of the 30 th day of September 2014 ("Agreement") BETWEEN: THE CORPORATION OF THE DISTRICT OF SUMMERLAND, a Municipal Corporation of the District of Summerland, Box 159, Summerland, in the Province of British Columbia ("District") AND: THE SUMMERLAND CHAMBER OF COMMERCE, a Chamber of Commerce under the Board of Trade Act 001247-5 - M, PO Box 130, Summerland, in the Province of British Columbia ("SCC") WHEREAS: A. SCC performs business and tourism development services on behalf of the community and the District of Summerland. B. SCC is prepared to perform such services in accordance with the plan that is presented to the Municipal Council of the District on an annual basis. NOW THEREFORE THIS AGREEMENT WITNESSES that in consideration of m.utual covenants and agreements herein contained, the parties hereto mutually covenant and agree that: 1.0 Services 1.1 The District agrees to provide an annual fee-for-service to SCC for which SCC agrees to perform the services as hereinafter specifically set forth, for the period of 5 years, commencing on January 1 st, 2015 and terminating on December 31 st, 2019. 1.2 Subject to the terms and conditions hereof, SCC agrees to provide the services outlined in section 3.0 of this agreement. Any significant reduction to the type or level of services provided must first be discussed with and approved by Council. 1.3 SCC will use all reasonable efforts to provide the services in a complete and timely manner during the term of this agreement. 2.0 Obligations of the District 2.1 In consideration of SCC providing the services as outlined in the Obligations of SCC section of this agreement, the District will pay SCC an annual fee-for-service of not less than the sum of $220,000.00 per annum in four quarterly installments of $55,000. The annual fee-for-service 1 7.1 Summerland Chamber of Commerce Service Agreement Page 12 of 18
sum will increase by a percentage equivalent to the 12-month average change, as of January 1 of each year, to the All-items Consumer Price Index for the Province of British Columbia, as provided by Statistics Canada, not to exceed 2% per annum in the years 2016 through 2019. 2.2 The SCC will provide the District with a quarterly invoice for the fee-for-service. All applicable taxes will be charged on the invoice and are not included in the amount calculated in article 2.1. The SCC will include their GST registration number on all invoices. 2.3 The District will assist SCC by providing all available and necessary information which can reasonably be made available to SCC that is required in order for SCC to provide its services without delay. 2.4 The District will examine all requests, reports or other documents presented by SCC relating to the Services provided and promptly provide in writing decisions or general instructions pertaining thereto so as not to delay the provisions of the Services. 2.5 The District will give SCC prompt and adequate notice of changes in priorities or programs likely to affect materially the services to be provided by SCC. 3.0 Obligations of SCC 3.1 SCC as dictated by the approved budget agrees to provide tourism services including Visitor Centre Management, management of websites and social media, and Visitor Guide Production as well as business retention, expansion and attraction services and offer appropriate information to the public on business and tourism activities. SCC partners with the District on an item by item basis for the management and delivery of economic development services. Additional costs related to these services that are outside of standard operational costs, will be authorized and reimbursed by the District separately from the regular budget. 3.2 SCC will grant full Chamber membership, free of charge, to all businesses with a primary business address located within the District of Summerland that have paid their annual business license to the District. 3.3 SCC agrees to provide trained personnel for the provision of these services and shall be responsible for all related expenses, including remuneration of staff. 3.4 SCC will maintain representation to the Thompson-Okanagan Tourism Association. 3.5 SCC will promote and advertise Summerland to the tourism and business communities. SCC will 2 7.1 Summerland Chamber of Commerce Service Agreement Page 13 of 18
also provide the District office with informational and promotional materials. 3.6 SCC will administer and coordinate the Festival of Lights and be responsible for its costs on an annual basis. 3.7 SCC will organize All Candidates Civic Election forums to be held prior to any election or bielection that should be held during the term of this agreement. 3.8 SCC will present annually for Municipal Council s information a strategic plan outlining the objectives of SCC for that year. Included with this plan will be a copy of the annual budget, an annual financial statement of the previous year and a comparison to budget with a review of the achievements for that year against the original objectives. The strategic plan and budget should be submitted each year as soon as possible, subject to Council s schedule, following the Annual General Meeting of SCC s membership. 3.9 SCC will also present to Municipal Council a mid-year financial report and progress report on the annual objectives. 3.10 SCC will promptly assist the District by providing all available and necessary information that the District may request subject to any limitations imposed by statute. 3.11 Upon request of the Municipal Council, SCC will make available for inspection its financial records. 3.12 SCC shall not without prior consent of the District, incur any expenses for which the District shall be required to reimburse SCC or for which the District in any other way shall become liable. 3.13 SCC will indemnify and save the District harmless of all loss, damage, cost actions and suits arising out of or in connection with the services to be provided by SCC under this agreement. 3.14 SCC will comply with the requirements of the Freedom of Information and Protection of Privacy Act and Personal Information Protection Act, with respect to the collection, protection, retention, use and disclosure of personal information from business license information or any other information supplied by the District. 4.0 Appointment of Municipal Council Liaisons Municipal Council will appoint one member of the Council and an alternate Councillor as 3 7.1 Summerland Chamber of Commerce Service Agreement Page 14 of 18
Liaison Officer to the Board of Directors of SCC. 5.0 Termination. Either party may terminate this agreement upon giving 12 months notice prior to the expiration of the contract. 6.0 Dispute Resolution In an effort to avoid termination, the parties may, in the event they are unable to resolve a dispute or disagreement, utilize a third party that is agreed upon by the District of Summerland and SCC in an attempt to resolve any disputes or disagreement and at a cost to be shared equally between the parties. 7.0 Notices 7.1 Any notice required or permitted to be given to the District will be deemed to be sufficiently given if delivered to the District personally or if mailed by registered mail to the District's address: Attn: Corporate Officer 13211 Henry Avenue PO Box 159 Summerland BC VOH 1ZO 7.2 Any notice required or permitted to be given to SCC will be deemed to be sufficiently given if mailed by registered mail to SCC s address: 8.0 Independence Attn: The President Summerland Chamber of Commerce 15006 Highway 97 PO Box 130 Summerland BC VOH 1ZO The District and SCC acknowledge and agree that SCC shall operate as an independent service provider and that no partnership or other relationship is created by the terms of this agreement. Without limiting the generality of the previous sentence, neither party shall contract or incur debts in the name of the other. 4 7.1 Summerland Chamber of Commerce Service Agreement Page 15 of 18
9.0 Entire Agreement This agreement contains the entire agreement between the parties hereto with respect to the subject matter hereof and shall supersede all prior written or oral agreements between the parties and shall not be amended except for an instrument in writing duly signed by authorized signatories of both SCC and the District. In Witness Whereof the parties hereto have affixed their corporate seals in the presence of their proper officers after having been duly authorized on that behalf. THE CORPORATE SEAL OF THE CORPORATION OF THE DISTRICT OF SUMMERLAND was herein affixed in the presence of: Mayor Corporate Officer Signed, Sealed and Delivered by an authorised representative of the SUMMERLAND CHAMBER OF COMMERCE in the presence of: Witness Arlene Fenrich, President Witness Maged Said, Treasurer 5 7.1 Summerland Chamber of Commerce Service Agreement Page 16 of 18
Presentation to Summerland Mayor and Council Briefing Note - Chamber Contract Renewal September 8, 2014 Renewal of the Summerland Chamber of Commerce Fee for Service Contract - Tourism & Business Expansion and Attraction Services (Economic Development) Background The Summerland Chamber of Commerce markets the community of Summerland and supports our membership through education, promotion and advocacy. Summerland is the only municipality in Western Canada where every business license holder is automatically a member of the Chamber of Commerce. This cooperative, stakeholder model provides a cohesive voice for business and means that every local business, regardless of size, has the opportunity to benefit from the same services. The Chamber provides these services in 3 key areas: Tourism, Member Services & Business Expansion and Attraction (Economic Development) The Chamber receives funding from the District of Summerland and reports to Mayor and Council twice per year on these areas of service and details its comprehensive activities in each area. Status The Chamber s existing contract with the District of Summerland has been in effect since 2010 and expires December 31, 2014. The prior contract was in effect from April 2005 to March 2010. The Chamber makes multiple advance commitments to suppliers of goods and services and therefore must be assured of contract continuation. The Chamber s annual fee has been $200,000 which represents approximately 2/3 of its budget. There has been no change in the annual fee for 10 years. This has resulted in reduced expenditures for programming as other costs have risen. At this time the Chamber is requesting a renewal of their 5 year contract from January 2015 to December 2019 with a 10% increase in the annual base fee and an annual increment tied to the Consumer Price Index in years 2-5 of a new contract. 7.1 Summerland Chamber of Commerce Service Agreement Page 17 of 18
Key Considerations The Chamber manages the Visitor Centre, tourism media and events, and produces high quality publications and professional tourism and economic development marketing tools that effectively promote Summerland as a place to visit and/or invest. The Chamber has emphasized expanded partnerships and mutually beneficial relationships with tourism and economic development branches throughout the south Okanagan. The Chamber is currently representing Summerland in the following partnerships: o Venture Connect/Succession Planning/Provincial Nominee Program Community Futures, EcDev Penticton, OK Falls and Osoyoos, Penticton Chamber, SO Chamber o South Okanagan Similkameen Economic Development Group o Route 97 International Border EcDev & Tourism Initiative multiple municipalities and TOTA o Healthy Living grant/bike Path development Trail of the Okanagans, RDOS, EcDev Penticton and OK Falls, Tourism Penticton o Community marketing for economic development working with Provincial EcDev and District to create sales pieces for various local opportunities for the international market. In order for Summerland to be on the map in regional tourism and economic development, our community must be represented. As a voice for all licensed businesses in Summerland, the Chamber professionally fulfills this role and acts as a cohesive marketing arm for Summerland - promoting the community in person, via print and online, and as a place to visit and do business regionally, provincially, and nationally. The Summerland Chamber model provides comprehensive and cost effective services in one location vs. other communities where as many as five separate agencies and/or municipal branches handle these roles often at far greater expense and a less integrated approach. Recommendation That in order for the District of Summerland to procure the above services cost effectively and for these services to continue in a seamless fashion, and for the Summerland Chamber of Commerce to effectively manage these portfolios and retain professional staff, the 5 year contract be renewed with a 10% increase in the base fee ($220,000/yr) with an annual increment tied to the Consumer Price Index in years 2-5 of a new contract, effective January 1, 2015 through December 31, 2019. 7.1 Summerland Chamber of Commerce Service Agreement Page 18 of 18