agenda - wasaga beach documents/2016-04-12 com… · 12-04-2016 · agenda tuesday, april 12, 2016...

COMMITTEE OF THE WHOLE

AGENDA

Tuesday, April 12, 2016 at 4:00 p.m. to be held in the Classroom

1. CALL TO ORDER 2. DISCLOSURE OF PECUNIARY INTEREST 3. DEPUTATIONS, PETITIONS AND PUBLIC MEETINGS 4. UNFINISHED BUSINESS – See attached list 5. NEW BUSINESS a) Special Event Coordinator - Special Events Fee Schedule Recommendation: That the Committee of the Whole of Council recommends to Council that it approve the phasing-in of special event fees over the next three years commencing in 2016; and, Further that in scenarios where special event organizers holding ticketed events as well as requiring the use of municipal parking lots, that they only be charged the higher of the two fees.

b) Treasurer – Grants Recommendation: That Committee of the Whole of Council recommend to Council that it approve the Grants listed as attached in Appendix „A‟ under the new approved process for the allocation of grants for the Annual Municipal Grants program.

c) Treasurer – Audit Services Recommendation: That Committee of the Whole of Council recommends to Council that it award the Municipal Audit Services to KPMG LLP in the amount of $25,000 per year plus applicable taxes; and, Further that it recommend to Council that it appoint KPMG LLP as the Municipal Auditor for five years subject to satisfactory performance.

COWOC –April 12, 2016 of 5

d) Treasurer – Affordable Housing – County RFP Recommendation: That Committee of the Whole of Council recommend to Council that it approve the request from the County of Simcoe to provide a property tax grant to qualifying affordable housing projects (as defined by the County of Simcoe) for twenty years, equivalent to the difference between the Town‟s taxes that will be levied at the multi-residential rate and those that would be levied at the single residential rate as permitted under Section 110(3) and Section 110 (9) of the Municipal Act.

e) Director of ED & Tourism – 12 Main Street - Beachfront Licensed Establishment – Wasaga Beach Brewing Co.

Recommendation: That Committee of the Whole 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 Beach Bar”) for a five (5) year term, with an option to renew for a further five (5) years, based on satisfactory performance and Council approval; and, Further That Committee of the Whole receive the cost estimate for the beach bar for information.

f) Director of ED & Tourism – 12 Main Street, Unit F – Blooming Onion

Recommendation: That Committee of the Whole recommend to Council that the Town of Wasaga Beach accept the Offer to Lease from Blooming Onion for 12 Main Street, Unit F, (also known as a Main Street Market Kiosk) for a three (3) year term, with an option to renew for a further two (2) years, based on satisfactory performance and Council approval.

g) Director of ED & Tourism – 12 Main Street, Unit U – Edward Donnelly Recommendation: That Committee of the Whole recommend to Council that the Town of Wasaga Beach accept the Offer to Lease from Edward Donnelly for 12 Main Street, Unit U, (also known as a Main Street Market Kiosk) for a three (3) year term, with an option to renew for a further two (2) years, based on satisfactory performance and Council approval.

h) Director of ED & Tourism – 31 Beach Drive, Unit A – Happy Daze

Recommendation: That Committee of the Whole recommend to Council that the Town of Wasaga Beach accept the Offer to Lease from Happy Daze WB for 31 Beach Drive, Unit A for 2016 for a five (5) month term.

i) Director of ED & Tourism – 41 Beach Drive, Unit F – Sushi Collingwood Recommendation: That Committee of the Whole recommend to Council that the Town of Wasaga Beach accept the Offer to Lease from Sushi Collingwood for 41 Beach Drive, Unit F for a five (5) year term, with an option to renew for a further five (5) years, based on satisfactory performance and Council approval.


j) Director of ED & Tourism – 57 Beach Drive Recommendation: That Committee of the Whole recommend to Council that the Town of Wasaga Beach accept the Offer to Lease from Kaos Apparel Inc., o/a Splash for 57 Beach Drive for a five (5) month term, with an option to renew for a further five (5) years, based on satisfactory performance and Council approval.

k) Director of ED & Tourism – 93 Beach Drive, Unit C – Surf’s Up Recommendation: That Committee of the Whole recommend to Council that the Town of Wasaga Beach accept the Offer to Lease from Surf‟s Up for 93 Beach Drive, Unit C for a five (5) year term, with an option to renew for a further five (5) years, based on satisfactory performance and Council approval.

l) Director of ED & Tourism – 3rd & Beach Dr. Paddlesurf Adventure Co. - Kowabunga

Recommendation: THAT Committee of the Whole recommend to Council that the Town of Wasaga Beach accept the Offer to Lease from Wasaga Beach Paddlesurf Adventure Co., for the space located at the corner of 3rd Street and Beach Drive, for a two (2) year lease term, with an option to renew for a further three (3) years, based on satisfactory performance and Council approval;

m) Director of ED & Tourism – 14 First St., Unit 1 - Funnel Tunnel Lease Recommendation: That Committee of the Whole recommend to Council that the Town of Wasaga Beach accept the Offer to Lease from Kaos Apparel Inc., o/a Funnel Tunnel for 14 First Street for a five (5) month term, with an option to renew for a further five (5) years, based on satisfactory performance and Council approval.

n) Director of ED & Tourism – Dard RFP

Recommendation: That Committee of the Whole 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. k) Clerk – Procedural By-Law Amendments

Recommendation: That Committee of the Whole receive the report pertaining to the Amendments to the Council Procedural By-law; and, That Committee of the Whole recommends to Council that the Council Procedural By-law be amended to allow for administrative changes and amendments including, but not limited to: - Providing for recorded votes on all matters - Addition of a comment period at the beginning of all Regular Council meetings - Inclusion of new provisions for closed session meetings as provided for in the Municipal Act - Reference to the Town‟s Code of Conduct


- Revisions to the number of Deputations/Public Meetings/Presentations at various meetings.

l) Correspondence from the Collingwood General & Marine Hospital – CGMH Redevelopment

Recommendation: THAT Committee of the Whole receive the correspondence from the Collingwood General & Marine Hospital regarding to the CGMH redevelopment for information. 6. ITEMS FOR FUTURE MEETINGS (new items) 7. CLOSED SESSION

a) Personal matters about an identifiable individual, including municipal or local board employees. (Advisory Committee Appointments)

8. ADJOURNMENT


TOWN OF WASAGA BEACH

COMMITTEE OF THE WHOLE APRIL 12, 2016

UNFINISHED BUSINESS:

a) Council Compensation Review for Elected Positions and staff

b) MNR Beach Maintenance *Fall 2015

c) Creation of a Business Plan for Beachfront properties *Fall 2015

d) Chamber of Commerce – Service Agreement *Fall 2015

Form: WB-SR2010

STAFF REPORT TO: Committee of the Whole of Council FROM: Angela Webster, Special Events Coordinator David Brunelle, Special Events Coordinator SUBJECT: Special Events Fees – Revised Phase-in Approach DATE: April 12, 2016 RECOMMENDATION THAT the Committee of the Whole of Council recommends to Council that it approve the phasing-in of special event fees over the next three years commencing in 2016; AND FURTHER THAT in scenarios where special event organizers holding ticketed events as well as requiring the use of municipal parking lots, that they only be charged the higher of the two fees. BACKGROUND Council recently approved a new fee schedule associated with special events to be phased-in as follows:

- 2016 o Processing fees

Non-Profit organizations fee to remain at $50.00 For-Profit organizations tiered fee for Scale of Tourism Events:

Large (15,000+ attendees) Scale Tourism Events, $600.00, Medium (5,000 – 14,999 attendees) Scale Tourism Events $450.00, Small (<5,000 attendees) Scale Tourism Events $300.00.

o Parking lot rentals

Playland Lot (Playland Park Square), $5.00 per parking space utilized each day for event use with a minimum charge of $150.00.

All other Main Beach Area parking lots; it is recommended that the fee be set at $3.00 per space with the same minimum charge of $150.00.

Non-Profit events, which offer free or less than $20.00 admission for the public, would not be required to pay these rental fees, as the events are geared towards community and fundraising initiatives.

Non-Profit events, which require a fee of more than $20.00 to enter/participate, would be required to pay up to 50% of the specified rental fees.

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- 2017 o Processing fees

For-Profit events - Should the event be ticketed and/or require an entry fee, the Town would receive fees to help cover Town costs based on a tiered scaled for Tourism Events:

Large (15,000+ attendees) Scale Tourism Events, $3.00 per ticket/fee Medium (5,000 – 14,999 attendees) Scale Tourism Events, $2.00 per

ticket/fee Small (<5,000 attendees) Scale Tourism Events $1.00 per ticket/fee.

Ticket fees will be based on anticipated attendance during the planning process and the area designated for the event. Event organizers will be required to pay ticketing fees no later than one week after the event is completed and the final tally will be based on attendance at the event through capacity counts less staff, vendors, entertainment personnel, etc.

o Rental fees Services – For-Profit events

Sign approval, $25.00, allowance of one week prior to event and must be removed immediately after the event, as per Schedule “D” of the Fees & Charges bylaw

Letter for Liquor Licensing $75.00, as per schedule “E” of Fees and Charges bylaw

Letter of approval for Fireworks Display $75.00, as per schedule “E” of Fees and Charges bylaw

Tents permit, as per schedule “I” of Fees and Charges Bylaw Road Occupation Permit – Road Closure - $100.00, as per schedule “M”

of the Fees and Charges bylaw *additional charges my occur dependant on Staffing requirements

Road Occupation Permit Deposit – as per schedule “M” of the Fees and Charges bylaw

Hydrant hook up – as per Schedule “M” of the Fees and Charges bylaw Street Sweeping - as per Schedule “M” of the Fees and Charges bylaw

Rental items – For-Profit events Plastic Chair rental $1.00 each Festival Stage $1,500.00 for 1st day, plus $500.00 for each additional day.

*additional staff time charges could occur. Small stage, $60.00 per day *additional staff time charges could occur. Event fencing $5.00 per panel *additional staff time charges could occur. Large Event Tent $1,000.00 for the first day, $300.00 each additional day

*additional staff time charges could occur. 10x10 tents $20.00 per day 6ft plastic tables $7.00 per day

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DISCUSSION During the preparation of the new fee schedule staff consulted with event organizers on the proposed fees to ensure they had input and were aware of the Town’s approach. Their input led to the original recommendation that certain fees be phased in. After providing detailed information to individual event organizers regarding the cost of the new event fees for this year, staff have received feedback from several event organizers. They are very concerned about the financial impact of Town imposed fees associated with their events for this year, in particular the fee for using parking spaces. Staff had tried to strike a balance between Council’s desire that events cover more of the Town’s costs in hosting events and event organizers interest in hosting events in Wasaga Beach in establishing the new fees. The feedback staff is receiving is that the new fees for 2016 could dissuade special event organizers from hosting events in Wasaga Beach in the future. After careful consideration of the concerns of the event organizers and Council’s expressed interest in hosting events the writers are recommending that Council reconsider its approach for implementing the special event fee schedule, utilizing an approach that would allow for event organizers to plan their yearly budgets and grow events to a sustainable level before implementing the entire fee structure. Part of the reason staff are recommending that Council revise its approach is that Wasaga Beach faces logistical challenges regarding holding and hosting special events in the community. These factors include but are not limited to:

1. lack of inclement weather venues leaving events extremely weather dependent; 2. limited accommodations and lack of a recognizable branded hotel/motel; and 3. lack of an established event venue of reasonable size dedicated for the sole purpose of special

events (i.e. enclosed festival grounds allowing for gated/tickets admissions.) Although the Town is a desirable community to host events given the physical beach, when taking the above noted factors into consideration, event organizers who select Wasaga Beach as their event venue, are faced with challenges unique to the community that they likely would not face in other communities. For example, in many cases the lack of an established event area requires event organizers to utilize Town owned parking lots for their event venue. This has historically equated to a loss of parking revenue for the Town. The writers are appreciative of the need to recoup some lost parking revenues in scenarios where special events impact Town owned parking lots. In order to address concerns expressed by event organizers regarding the newly implemented special event fee schedule, staff has prepared the following two options for Council’s consideration. Furthermore, staff are recommending Option One (3-year phase in approach) to provide event organizers an opportunity to adjust to the schedule. Phase-in Options Option One: Year One - 2016

1. New application processing fee 2. 1/3 of the parking lot rental fee

4

Year Two - 2017 1. Application processing fee 2. 2/3 of the parking lot rental fee 3. ½ ticket surcharge fee 4. ½ of the additional rental & services fees (i.e. stage, tent, etc.)

Year Three – 2018

1. Application processing fee 2. Full parking lot rental fee 3. Full ticket surcharge fee 4. Full additional rental & services fees

Option Two: Year One – 2016

1. New application processing fee 2. 50% of parking lot rental fee

Year Two – 2017

1. Application processing fee 2. Full parking lot rental fee 3. Full ticket surcharge fee 4. Full additional rental & services fees

The writers are recommending that the Option One fee schedule be phased-in over a three year period given that some events would be required to pay as much as $12,000.00 in 2016 with the newly implemented fee schedule. This approach demonstrates an understanding on the Town’s part of event organizers concerns particularly given that historically, event fees have not been charged. The proposed phase in fee schedule would still assist with cost recovery for Town parking lots while providing event organizers an ability to adjust their budgets accordingly. After consideration of feedback provided by event organizers, the writers are also recommending that commencing in 2017, ticketed events where the organizer is requiring the use of municipal parking lot(s), the Town only charge the higher of the two fees. For example, an event is to use Playland Park Square for five full days and is expecting 15,000 attendees. The current fee structure would require the organizer to pay $6,975.00 for use of Playland lot and $45,000.00 for the ticket surcharge fee. The writers are recommending that the Town charge only the ticket surcharge fee of $45,000 in this case. CONCLUSION To date, event organizers for 2016 have been provided with cost estimates for their events. If Council is agreeable to the proposed new phase-in approach, the writers will provide revised cost estimates to event organizers. Moving forward, event organizers will be provided with cost estimates for the following year upon conclusion of the current year event. This process will allow event organizer to budget accordingly for their events and have a clear understanding of fees that will be required by the Town.

5

Given this potential new approach, attached for your information are charts demonstrating potential revenue for the Town generated through the proposed fee schedule for 2016, 2017, 2018 based on Large, Medium and Small scale tourism events. As indicated above, if a decision is made to implement the fee schedule in its entirety beginning in 2016, the cost to event organizers may reach a level where it would become cost prohibitive for organizers to hold their event in Wasaga Beach. 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 writers are recommending that the fee increases be phased over three years. Respectfully Submitted,

Angela Webster David Brunelle

Angela Webster & David Brunelle Special Events Coordinators Enclosed.

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Event Fees – Example of potential revenue generated through fees

Large Scale Tourism Event Current Impact of Fees Proposed for 2016

Name of event Notes Total

Large Scale Tourism Event 15,000 attendees, 3 day event with seven days for set up & take down

Processing fee $600.00 For-Profit organizations (Large Scale Tourism Events) fee $600.00

Parking Lot(s) $13,950.00 Playland 279 spots, beach drive spruce to 1st street 58 spots, $5.00 per spot per day

TOTAL COST 2016 $14,550.00 Option 1 Impact

Processing fee $600.00 Full processing fee Parking Lot(s) $4,603.50 1/3 of the parking lot rental fee Total $5,203.50

Option 2 Impact Processing fee $600.00 Full processing fee Parking Lot(s) $6,975.00 ½ of the parking lot rental fee Total $7,575.00

Current Impacts of Fees Proposed for 2017 Ticket Surcharge Fee

Ticket fee $45,000.00 For-Profit events – Should the event be ticketed and/or require an entry fee, the Town would receive $3.00 per ticket/fee

$45,000.00

Services

Sign approval $25.00 $25.00 per permit as per schedule “D” of the Fee and Charges bylaw

Liquor License Letter $75.00 $75.00, as per schedule “E” of Fees and Charges bylaw

Fireworks Letter $75.00 $75.00, as per schedule “E” of Fees and Charges bylaw

Tent permit $0.00 <2420sq ft = $100.00, >2420sq ft = $200.00, as per schedule “I” of Fees & Charges bylaw

Road Occupation permit $100.00 General $100.00 as per schedule “M” of

Fees & Charges bylaw

4yard bin garbage removal $310.00 $310.00 min 1 ton tippage charge

Hydrant hook up

To be confirmed after event - $2100.00 deposit, less consumption volume, as per schedule “M” of the Fees and Charges bylaw

Water Consumption $7.00 $0.35 per cubic meter, estimate use 20

7

rates Street Sweeping $260.00 $130.00 per hour, two hour minimum $777.00 Rental Items Plastic Chair $100.00 $1.00 each, per day

Festival Stage $2,500.00

$1,500.00 for 1st day, plus $500.00 for each additional day. *additional staff time charges could occur, if the take down occurs on a statutory holiday.

Small Stage $60.00 per day Event Fencing $200.00 $5.00 per panel, 40 panels

Large Event Tent $1,600.00 $1,000.00 per day, $300 for each additional day

10x10 tents $600.00 $20 each, per day 6ft plastic tables $315.00 $7.00 each, per day $5,315.00 TOTAL NEW COST 2017 $51,092.00 TOTAL COST Combined $65,642.00

Option 1 Impact Application Fee $600.00 Full application fee Parking lot rental $9,207.00 2/3 of the parking lot rental fee Ticket Surcharge Fee $22,500.00 ½ of the ticket surcharge fee Services $388.50 ½ of the service fees Rental Items $2,657.50 ½ of the additional rental fees Total $35,353.00

Option 2 Impact Application Fee $600.00 Full application fee Parking lot rental $13,950.00 Full parking lot rental fee Ticket Surcharge Fee $45,000.00 Full ticket surcharge fee Services $777.00 Full services fees Rental Items $5,315.00 Full rental items fees Total $65,642.00 In this case, Large Scale Tourism Events Ticket Surcharge Fee, of $45,000.00, would be charged as opposed to the Parking Lot Rental Fee, of $13,950.00.

Event Fees - Example of potential revenue generated through fees Medium Scale Tourism event

Impact of Fees Proposed for 2016 Name of event Notes Total

Medium Scale Tourism event 10,000, 1 day event, 3 days set up & take down

Processing fee

8

Processing fee $450.00 For-Profit organizations (Medium Scale Tourism Events) at $450.00

Rental Fees Parking Lot(s) $5,580.00 Playland $5.00 per spot x 279 spots TOTAL COST 2016 $6,030.00

Option 1 Impact Processing fee $450.00 Full processing fee Parking Lot(s) $1841.40 1/3 of the parking lot rental fee Total $2,291.40

Option 2 Impact Processing fee $450.00 Full processing fee Parking Lot(s) $2,790.00 1/2 of the parking lot rental fee Total $3,240.00

Impact of Fees Proposed for 2017 Ticket Surcharge Fee

Ticket fee $20,000.00 For-Profit events - Should the event be ticketed and/or require an entry fee, the Town would receive $2.00 per ticket/fee

$20,000.00

Services

Sign approval $25.00 $25.00 per permit as per schedule "D" of the Fee and Charges bylaw

Liquor License Letter $75.00 $75.00, as per schedule “E” of Fees and Charges bylaw

Fireworks Letter $75.00, as per schedule “E” of Fees and Charges bylaw

Tent permit <2420sq ft. = $100.00, >2420sq ft. = $200.00, as per schedule "I" of Fees & Charges bylaw

Road Occupation permit General $100.00 as per schedule "M" of Fees & Charges bylaw

4yard bin garbage removal $310.00 min 1 ton tippage charge

Hydrant hook up To be confirmed after event - $2100.00 deposit, less consumption volume, as per schedule "M" of the Fees and Charges bylaw

Water Consumption rates $0.35 per cubic meter

Street Sweeping $130.00 per hour, two hour minimum $100.00 Rental Items Plastic Chair $1.00 each, per day

Festival Stage $1,500.00


9

Small Stage $60.00 per day Event Fencing $200.00 $5.00 per panel, 40 panels

Large Event Tent $1,000.00 $1,000.00 per day, $300 for each additional day

10x10 tents $20 each, per day 6ft plastic tables $7.00 each, per day $1,200.00 TOTAL NEW COST 2017 $21,300.00 TOTAL COST Combined $23,125.00

Option 1 Impact Application Fee $450.00 Full application fee Parking lot rental $907.50 2/3 of the parking lot rental fee Ticket Surcharge Fee $10,000.00 1/2 of the ticket surcharge fee Services $50.00 1/2 of the service fees Rental Items $600.00 1/2 of the additional rental fees Total $12,007.50

Option 2 Impact Application Fee $450.00 Full application fee Parking lot rental $1,375.00 Full parking lot rental fee Ticket Surcharge Fee $20,000.00 Full ticket surcharge fee Services $100.00 Full services fees Rental Items $1,200.00 Full rental items fees Total $23,125.00 In this case, Medium Scale Tourism Events Ticket Surcharge Fee, of $20,000.00, would be charged as opposed to the Parking Lot Rental Fee, of $5,580.00.

Event Fees - Example of potential revenue generated through fees Small Scale Tourism event

Impact of Fees Proposed for 2016 Name of event Notes Total

Small Scale Tourism event 4,000, 2 day event, 2 days set up & take down Processing fee

Processing fee $300.00 For-Profit organizations (Small Scale Tourism Events) fee at $300.00

Rental Fee Parking Lot(s) $0.00 On the beach event TOTAL COST 2016 $300.00

Option 1 Impact Processing fee $300.00 Full processing fee Parking Lot(s) $0.00 1/3 of the parking lot rental fee Total $300.00

Option 2 Impact

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Processing fee $300.00 Full processing fee Parking Lot(s) $0.00 1/2 of the parking lot rental fee Total $300.00

Impact of Fees Proposed for 2017 Ticket Surcharge Fee

Ticket fee $2,000.00 For-Profit events - Should the event be ticketed and/or require an entry fee, the Town would receive $1.00 per ticket/fee

$2,000.00

Services

Sign approval $25.00 per permit as per schedule “D” of the Fee and Charges bylaw

Liquor License Letter $75.00, as per schedule “E” of Fees and Charges bylaw

Fireworks Letter $75.00, as per schedule “E” of Fees and Charges bylaw

Tent permit <2420sq ft = $100.00, >2420sq ft = $200.00, as per schedule “I” of Fees & Charges bylaw

Road Occupation permit $100.00 General $100.00 as per schedule "M" of Fees & Charges bylaw

4yard bin garbage removal $310.00 min 1 ton tippage charge

Hydrant hook up To be confirmed after event - $2100.00 deposit, less consumption volume, as per schedule "M" of the Fees and Charges bylaw

Water Consumption rates $0.35 per cubic meter, estimate use 20 Street Sweeping $260.00 $130.00 per hour, two hour minimum $360.00 Rental Items Plastic Chair $200.00 $1.00 each, per day

Festival Stage


Small Stage $60.00 per day Event Fencing $200.00 $5.00 per panel, 40 panels Large Event Tent $1,300.00 $1,000.00 per day, $300 for each additional day 10x10 tents $240.00 $20 each, per day 6ft plastic tables $140.00 $7.00 each, per day $2,080.00 TOTAL NEW COST 2017 $4,440.00 TOAL COST Combined $4,740.00

Option 1 Impact Application Fee $300.00 Full application fee Parking lot rental $0.00 2/3 of the parking lot rental fee

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Ticket Surcharge Fee $1,000.00 1/2 of the ticket surcharge fee Services $180.00 1/2 of the service fees Rental Items $1,040.00 1/2 of the additional rental fees Total $2,520.00

Option 2 Impact Application Fee $300.00 Full application fee Parking lot rental $0.00 Full parking lot rental fee Ticket Surcharge Fee $2,000.00 Full ticket surcharge fee Services $360.00 Full services fees Rental Items $2,080.00 Full rental items fees Total $4,740.00 In this case, Small Scale Tourism Events Ticket Surcharge Fee, of $2,000.00, would be charged as opposed to the Parking Lot Rental Fee, of $0.00.

Form: WB-SR2010

STAFF REPORT

TO: Committee of the Whole of Council

FROM: Municipal Grants Staff Working Group

SUBJECT: Municipal Grants Program Awards

DATE: April 12, 2016

RECOMMENDATION

THAT Committee of the Whole of Council recommend to Council that it approve the Grants listed as attached in Appendix ‘A’ under the new approved process for the allocation of grants for the Annual Municipal Grants program.

BACKGROUND

Council recognizes the contributions that non-profit service clubs and other organizations make to the quality of life for residents and businesses in the Town of Wasaga Beach. These contributions take many forms, but the most common are financial contributions to needy Wasaga Beach individuals requiring assistance and organizations that deliver services to the residents of Wasaga Beach. The Municipal Grant Policy is a channel that Council can use to provide assistance to these groups from time to time to ensure special projects and/or capital plans are achievable.

The Grants to Organization budget for 2016 is at $39,500. This year a total of $28,700 has been requested for grants from the community.

DISCUSSION

The new process for grants is viewed as an equitable and practical manner to proceed and is applied based on the following criteria:

1. Each member of Council is required to allocate the amount of funds they feel that should be awarded to each group up to a maximum of $5,000;

2. In order to qualify for a grant the group must receive at least 4 votes or the majority of Council; 3. If a group reaches 4 or more votes the average amount requested is calculated; and 4. Finally each group receives its’ proportional share of the total budgeted amount or an average

of the allocation.

Please note that if all members of Council agree to a single amount for an organization that amount is then awarded and the remaining is then prorated.

Based on the new awards process grants have been allocated as listed in Appendix ‘A’, and detailed below:

2

CONCLUSION

Both Council and Staff recognize the contributions that all of the non-profit service clubs and other organizations make to the quality of life for residents and businesses in the Town of Wasaga Beach. The Town is truly fortunate to have such a wealth of groups and such a variety of activities available to them and this makes it very difficult to allocate funds since each group has its’ own merits and needs. Using this updated approach allows a fair and equitable allocation of these funds where all members of Council are able to address their concerns.

Respectfully Submitted,

Monica Quinlan, Treasurer

Concur with Recommendation,

George Vadeboncoeur, CAO Gerry Reinders, Manager of Parks, Facilities and Recreation

Organization AmountGeorgian Triangle Anglers Associations 750 Ministry of Natural Resources/Friends of Nancy Island 1,325 Stayner Granite Curling Club 3,667 Wasaga Artists 2,036 Wasaga Community Theatre 4,083 South Georgian Bay Media Association - Wasaga Society for the Arts (Wasaga Film Festival) 4,250

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STAFF REPORT TO: Committee of the Whole of Council FROM: Monica Quinlan, Treasurer SUBJECT: Award of Audit Services and Appointment of Municipal Auditors DATE: December 9, 2015 RECOMMENDATION THAT Committee of the Whole of Council recommends to Council that it award the Municipal Audit Services to KPMG LLP in the amount of $25,000 per year plus applicable taxes. AND Further, that it recommend to Council that it appoint KPMG LLP as the Municipal Auditor for five years subject to satisfactory performance. BACKGROUND The current Auditors for the Town are Collins Barrow (formerly known as Gaviller & Company), and they have been the auditors for the Town for nearly 50 years. The Town has been extremely happy with the quality of service received by Collins Barrow and its’ staff, however their current appointment ends with the 2015 audit. A Request for Proposal (RFP) was issued with a closing date of January 28th, 2016 for audit work to be completed beginning with the 2016 Fiscal Year January 1st (i.e. Interim Audit, Investment Audit and Year-end Audit) and five proposals were received. DISCUSSION In accordance with the Municipal Act, a town must appoint an auditor every five (5) years. It has been the Town’s practice to issue an RFP at each five (5) year period, to ensure the pricing received is competitive and that the Town is receiving the greatest value for the taxpayers. The latest RFP was issued with the following criteria for evaluation:

1) Eligibility for appointment as a Municipal Auditor;

2) Qualifications and experience of firm and staff;

3) Complete knowledge of provincial auditing standards and changes;

4) Commitment to providing staff continuity;

5) Knowledge of municipal operations and legislative requirements

6) Understanding of Town’s audit requirements and proposed audit approach and techniques

7) References (Pass / Fail);

8) Price; and

9) Geographical location of service. The scoring for each firm is as noted below and for the most part each firm scored equally among the first seven (7) criteria and essentially the results came down to pricing.

KPMG has a large municipal client base including the Town of Midland and the Township of Minden Hills. For many of their municipal clients they have held the position for more than fifty (50) years. KPMG has an extensive staff who have great knowledge of municipal accounting and will be able to provide a variety of resources to the Town. Their approach to the municipal audit will ensure that the Town continues to have strong internal controls and safe practices. In addition to the audit work and presentation of Financial Statements, KPMG will also provide financial benchmarking, updates on regulatory requirements and insight into municipal issues and strategies. CONCLUSION In conclusion, based on the results of the 2015 RFP it is the recommendation of staff that KPMG LLP be awarded the Municipal Audit Services for the Town of Wasaga Beach. Respectfully Submitted, Monica Quinlan, Treasurer

Firm ScoreKPMG - Sudbury 95BDO - Newmarket 92Collins Barrow - Collingwood 82Grant Thornton - Orillia 68Pinnacle CPAs - Brampton 32

Form: WB-SR2010

STAFF REPORT TO: Committee of the Whole of Council

FROM: Monica Quinlan, Treasurer

SUBJECT: Affordable Housing – County RFP

DATE: April 12, 2016

RECOMMENDATION

THAT Committee of the Whole of Council recommend to Council that it approve the request from the County of Simcoe to provide a property tax grant to qualifying affordable housing projects (as defined by the County of Simcoe) for twenty years, equivalent to the difference between the Town’s taxes that will be levied at the multi-residential rate and those that would be levied at the single residential rate as permitted under Section 110(3) and Section 110 (9) of the Municipal Act.

BACKGROUND

In 2012 the Town undertook a Housing Strategy to understand and plan for meeting the full range of housing needs for all residents of Wasaga Beach. The major findings of this report included that there was and still is a need for more affordable housing options for both families and seniors.

Subsequent to this study the County of Simcoe developed a “10 Year Affordable Housing and Homelessness Prevention Strategy.” This strategy is a requirement of the Provincial Long-Term Affordable Housing Strategy and aims to address affordable housing issues throughout the County of Simcoe. The County's housing strategy identifies an affordable housing target of 2,685 units that needs to be achieved by 2024 in order to address the needs across the entire County.

Included in the total needs for the County, the Town of Wasaga Beach has been identified to require 110 units in this 10 Year period, and these units are largely intended to provide for the Senior population that continues to grow in this area.

DISCUSSION

Attached you will find a memo issued from the County of Simcoe in reference to the Affordable Housing program that has been initiated that may provide up to $120,000 per unit to assist non-profit/private organizations in building affordable housing stock. This program could assist the Town in working towards meeting the needs identified in the Housing Strategy report and also assist the County in reaching its’ goals under the 10 Year Plan.

The memo explains that “in order for an affordable housing project to qualify for program funds, the member municipality in which a project would be located would also need to provide a grant in respect of the tax differential for its portion of the taxes. The grants would not be payable until the end of the first year after occupancy. Projects would continue to be taxed at the multi-residential rate.” The County also provides a grant for their portion of taxes between these rates and further requests that the rate be applied for 20 years.

2

The 2015 multi-residential municipal tax rate is estimated at 00.00760764 or 1.5385% of the residential rate. For every $100,000 in assessment a grant would be provided in the amount of $266.28. To provide an example for a project assessed at $2,000,000 a grant would be provided in the amount of $5,325.60 per year, over 20 years (ignoring tax increases) this would amount to $106,512. If members of Council decide to proceed with this the grant amount would be included in the annual budget each year.

CONCLUSION

Provincial studies have found that investing in affordable housing makes it easier to attract and retain people to a community and further is a major factor in creating attractive, livable and competitive communities. As indicated the Town’s Housing Strategy has identified a critical need for affordable housing in our area, we are not alone in this, as this is faced by a number of municipalities across Canada. Applying this grant may be the first step to moving towards meeting the needs of the Town and its’ residents.

Respectfully Submitted,

Monica Quinlan, Treasurer

Enclosures

1

PROPERTY TAX MEMO FOR CLERKS AND TREASURERS REGARDING AFFORDABLE HOUSING

The County of Simcoe and Member Municipalities have provided financial contributions to affordable rental housing projects funded under previous rounds of Federal-Provincial Affordable Housing Programs. The Program provides federal/provincial funds to build rental housing at rents that are below average market rents. Affordable rents must be maintained for twenty years.

In the Spring of 2016, subject to County Council approval in February, there will be another opportunity for private, non-profit or municipal developers to submit proposals to access funds for the creation of new affordable rental housing. $6M in federal/provincial funds under the Investment in Affordable Housing for Ontario 2014 Extension Program (IAHE) will be made available through a Request for Proposals (RFP) process administered by the County. Funding of up to $120,000 per unit will be available and once again the affordable rents must be maintained for twenty years. Proposals will be invited for projects located in any municipality in the County of Simcoe, as long as they are in settlement areas.

As with previous rounds of funding, the last of which was in 2013, the minimum municipal requirement under the Program is that property taxes for the affordable units must be at or below the single residential rate, or an equivalent contribution must be in place. Under previous rounds of funding, the County agreed to provide an annual grant to affordable housing projects, for twenty years, equivalent to the difference between upper tier taxes that will be levied from a project at the multi-residential rate and the upper tier taxes that would be levied against a project if it were taxed at the single residential rate. Municipalities in which projects are located agreed to do likewise in respect of the lower tier taxes.

Subject to County Council approval in February, the County will continue to provide the twenty year grants in respect of the County portion of taxes to projects that are recommended for funding as result of the RFP process. In order for an affordable housing project to qualify for program funds, the member municipality in which a project would be located would also need to provide a grant in respect of the tax differential for its portion of the taxes. The grants would not be payable until the end of the first year after occupancy. Projects would continue to be taxed at the multi-residential rate.

In order to evaluate and recommend projects for funding, we are asking our municipal partners to agree to provide such a grant in order to facilitate affordable housing development in their area.

In order to let potential respondents to the RFP know if grants are available in a given municipality, and therefore if they can submit a proposal to access IAHE funds to develop in that area, it would be helpful for the County to have a resolution from member municipalities as early as possible, preferably before the end of February, 2016, confirming the municipalities’ participation in the tax grant requirement. This will enable the County to move forward in evaluating and recommending projects to the Province for funding approval as soon as possible after the RFP closes.

If you have any questions, please contact Lealand Sibbick, Treasurer, County of Simcoe, 726 9300, Ext. 1174, [email protected] or

John Connell, Program Supervisor, Social Housing Dept., County of Simcoe, 725 7215, ext. 1149 [email protected]

mailto:[email protected]

mailto:[email protected]

STAFF REPORT TO: Committee of the Whole FROM: Andrew McNeill, Director of Economic Development and Tourism SUBJECT: Beachfront Licensed Establishment Lease – 12 Main Street (Beach Bar) DATE: April 12, 2016 RECOMMENDATION THAT Committee of the Whole 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 Beach Bar”) for a five (5) year term, with an option to renew for a further five (5) years, based on satisfactory performance and Council approval; AND FURTHER THAT Committee of the Whole receive the cost estimate for the beach bar for information. BACKGROUND At the March 22, 2016 meeting of Town Council, RESOLUTION No. 2016-04-23 was approved as follows:

Council does hereby defer the passing of By-law 2016-51 until such time that the costs associated with the construction of the Main Street Beer Garden are presented and approved by Council.

DISCUSSION Staff has met with the owners of Wasaga Beach Brewing Company (WBBC) to negotiate lease terms and refine the designs for the beach bar structure. Following discussions, the owners of WBBC have offered to contribute capital dollars to the Town to assist in offsetting the capital construction costs of the bar. The following are the key terms of the lease:

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.

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In Addition to base rent and the additional marketing fee, WBBC has offered to pay up to a maximum, and not to exceed, $30,000 towards the capital costs of constructing the beach bar in the Main Street Pedestrian Mall. Beach Bar Final Design Attached as Appendix One is the final design for the beach bar. The building is approximately 600 SF and has the following characteristics:

Will utilize the existing steel frame structure currently present in the Main Street pedestrian mall;

Consists of simple wood frame construction on top of the base structure; Water and sewer connection to the building to be provided by the Town; No HVAC will be provided; No insulation will be provided; A dedicated 100A 240V electrical service will be provided by the Town; Porta Potty’s will be utilized; A simple food preparation counter will be provided; A basic bar counter will be provided;

Beach Bar Cost Estimate

Cost of constructing the bar structure is estimated at $50/SF = $30,000; The contribution from WBBC is anticipated to cover the cost of constructing the bar

structure; Sanitary, water and hydro connections are budgeted at $15,000 and will be covered by the

Town, and Any improvements beyond the basic structure will be considered tenant improvements and

will be the responsibility of WBBC;

Note: the Town will administer an RFP to seek a qualified contractor to construct the basic bar structure.

CONCLUSION It is estimated that the dollar contribution from WBBC should cover capital construction costs for the Beach Bar structure. An RFP will be issued to seek a contractor to construct the Beach Bar. It is recommended that the Town accept the Offer to Lease so that WBBC can move forward and apply for their Liquor License. Respectfully submitted,

Andrew McNeill Director, Economic Development and Tourism

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Appendix One Final Beach Bar Design

STAFF REPORT TO: Committee of the Whole FROM: Andrew McNeill, Director of Economic Development and Tourism SUBJECT: Beachfront Lease – 12 Main Street, Unit F (Main Street Market Kiosk) DATE: April 12, 2016 RECOMMENDATION THAT Committee of the Whole recommend to Council that the Town of Wasaga Beach accept the Offer to Lease from Blooming Onion for 12 Main Street, Unit F, (also known as a Main Street Market Kiosk) for a three (3) year term, with an option to renew for a further two (2) years, based on satisfactory performance and Council approval. BACKGROUND

At the January 19, 2016 meeting of Committee of the Whole, RESOLUTION NO. 2016-01-02 was approved as follows:

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.

DISCUSSION Staff has met with Natasha Dunn, the owner of Blooming Onion, who is interested in operating a blooming onion, deep-fried pickle and schnitzel food kiosk in the Main Street Market. The following are the key terms of the lease:

Three (3) years commencing on June 1, 2016; Base rent of $6,000 (exclusive of utilities, operating costs and insurance); Additional Marketing fee of $60 for marketing and events; An option to renew for an additional two (2) year term; The Town to provide hydro to the kiosk; The Town to provide water and stainless steel sink basins for hand wash and food

preparation, and The tenant is responsible for interior kiosk finishing, signage, garbage management and

ensuring applicable health department permits are in order.

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CONCLUSION The Blooming Onion kiosk adds a great beach food offering and will support the eclectic market offering. It is recommended that the Town accept the Offer to Lease. Respectfully submitted,


STAFF REPORT TO: Committee of the Whole FROM: Andrew McNeill, Director of Economic Development and Tourism SUBJECT: Beachfront Lease – 12 Main Street, Unit U (Main Street Market Kiosk) DATE: April 12, 2016 RECOMMENDATION THAT Committee of the Whole recommend to Council that the Town of Wasaga Beach accept the Offer to Lease from Edward Donnelly for 12 Main Street, Unit U, (also known as a Main Street Market Kiosk) for a three (3) year term, with an option to renew for a further two (2) years, based on satisfactory performance and Council approval. BACKGROUND

At the January 19, 2016 meeting of Committee of the Whole, RESOLUTION NO. 2016-01-02 was approved as follows:

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.

DISCUSSION Staff has met with Edward and Scott Donnelly, who are interested in operating an ice cream and healthy food kiosk in the Main Street Market. The following are the key terms of the lease:

Three (3) years commencing on June 1, 2016; Base rent of $6,000 (exclusive of utilities, operating costs and insurance); Additional Marketing fee of $60 for marketing and events; An option to renew for an additional two (2) year term; The Town to provide hydro to the kiosk; The Town to provide water and stainless steel sink basins for hand wash and food

preparation, and The tenant is responsible for interior kiosk finishing, signage, garbage management and

ensuring applicable health department permits are in order.

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CONCLUSION Ice cream at a market attracts people and will add to the eclectic market offering. It is recommended that the Town accept the Offer to Lease. Respectfully submitted,


STAFF REPORT TO: Committee of the Whole FROM: Andrew McNeill, Director of Economic Development and Tourism SUBJECT: Beachfront Lease – 31 Beach Drive, Unit A DATE: April 12, 2016 RECOMMENDATION THAT Committee of the Whole recommend to Council that the Town of Wasaga Beach accept the Offer to Lease from Happy Daze WB for 31 Beach Drive, Unit A for 2016 for a five (5) month term. BACKGROUND At the March 22, 2016 Council Meeting, RESOLUTION No. 2016-04-22 was approved as follows:

RESOLVED THAT a By-Law to Authorize the Execution of a Lease Agreement Between the Town of Wasaga Beach and RLS Wasaga Group Inc. for a Commercial Lease at 31 Beach Drive be received and be deemed to have been read a first, second and third time, passed and numbered No. 2016-50.

DISCUSSION RLS Wasaga Group Inc., is interested in potentially securing 31 Beach Drive, Unit A (former Splash unit) to expand the Copa. RLS Wasaga Group Inc. is interested in transforming 31 Beach Drive, Units A and B into an upscale establishment that can, in addition to being a restaurant/bar cater to beach weddings and other special events. During year one of the lease term, RLS Wasaga Inc. would like to undertake due diligence on the adjacent building. A consulting team has been retained to undertake and prepare all concepts and permit drawings. In addition to the potential transformation of the Copa and adjacent building, they would like to undertake a rebranding of the Copa. The costs associated with this work are as follows:

Phase 2 Feasibility – $77,5000 o Rebranding design and concepts - $25,000 o Professional permit and design drawings - $45,000 o Permit fees and application - $7,500

In the interim period while RLS Wasaga Group Inc. is conducting due diligence on 31 Beach Drive, Unit A, they are agreeable to the Town leasing the unit for the 2016 season and the operator who is interested in leasing the former Splash building is agreeable to providing access to RLS Wasaga Group Inc. so that they can undertake their due diligence.

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Happy Daze Wasaga Beach Sam Moncada and Richard Spatola are the current owners of Sweet Tooth at the beachfront. They have expressed an interest in leasing 31 Beach Drive, Unit A for a 5 month term to open “Happy Daze” during the 2016 summer season. They propose to run Happy Daze as a retro Coca-Cola store where they will sell vintage retail products as well as floats, sodas and other associated products. Key terms of the lease are as follows:

Five (5) months commencing on May 1, 2016; Base rent of $22,000 exclusive of taxes, utilities, operating costs and insurance; Additional rent of $220 for marketing and events.

CONCLUSION The Happy Daze store will be a great addition to the beachfront and is considered by staff to be an excellent interim use while RLS Wasaga Group Inc., is conducting their due diligence on 31 Beach Drive, Unit A. It is recommended that the Town accept the Offer to Lease. Respectfully submitted,


STAFF REPORT TO: Committee of the Whole FROM: Andrew McNeill, Director of Economic Development and Tourism SUBJECT: Beachfront Lease – 41 Beach Drive, Unit F DATE: April 12, 2016 RECOMMENDATION THAT Committee of the Whole recommend to Council that the Town of Wasaga Beach accept the Offer to Lease from Sushi Collingwood for 41 Beach Drive, Unit F for a five (5) year term, with an option to renew for a further five (5) years, based on satisfactory performance and Council approval.

BACKGROUND 41 Beach Drive, Unit F was vacant for the 2015 season and was previously a Pita restaurant. DISCUSSION Mr. Zhang, the owner of Sushi Collingwood, is interested in leasing 41 Beach Drive, Unit F to run a sushi restaurant. This will add to the diverse product offering at the beachfront. Key terms of the lease are as follows:

Five (5) years commencing on July 1, 2016; Base rent of $20,000 exclusive of taxes, utilities, operating costs and insurance; Base rent held for the first three years; Base rent of $21,000 in year four; Base rent of $22,000 in year five; The unit requires substantial capital improvements to open. Mr. Zhang requires a minimum

of two (2) months to complete the work and obtain appropriate building and health unit permits. As a result he will not be open for May or June in 2016. He will miss half of the operating season and has requested that he only pay half of the base rent (for July and August) in 2016 which would result in $10,000 to the Town in year one.

Additional rent as follows: o $100 in year one; o $200 in years two and three; o $210 in year four, and o $220 in year five.

An option to renew for an additional five (5) year term.

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CONCLUSION 41 Beach Drive, Unit F requires capital improvements (including installation of a kitchen) to become operational. The unit was vacant for the 2015 season as the capital improvements required could not be recovered in a single-season lease. With a longer lease term the improvements required to run a business in the unit becomes viable. It is recommended that the Town accept the Offer to Lease. Respectfully submitted,


STAFF REPORT TO: Committee of the Whole FROM: Andrew McNeill, Director of Economic Development and Tourism SUBJECT: Beachfront Lease – 57 Beach Drive DATE: April 12, 2016 RECOMMENDATION THAT Committee of the Whole recommend to Council that the Town of Wasaga Beach accept the Offer to Lease from Kaos Apparel Inc., o/a Splash for 57 Beach Drive for a five (5) month term, with an option to renew for a further five (5) years, based on satisfactory performance and Council approval.

BACKGROUND Mr. Gilles Mechally, the owner of Kaos Apparel Inc., o/a Splash, was the operator of 57 Beach Drive during the 2015 season. He also currently operates Rebel Beach and also operated Funnel Tunnel in 2015. DISCUSSION Mr. Mechally is interested in returning to lease 57 Beach Drive for the 2016 season. Mr. Mechally has operated a number of businesses in various locations at the beachfront over the years. For his entire tenure at the beachfront property taxes and utilities were always included in lease rates. Since the Town has taken ownership the situation has changed. The Town now charges property taxes and utilities exclusive of lease rates. In 2015, Mr. Mechally paid $47,500 to lease 57 Beach Drive (also known as Splash). For 2016 he has requested that property taxes and utilities be subtracted from his overall lease rate so that his total payment to the Town is identical to what he paid in 2015. Key terms of the lease are as follows:

Five (5) months commencing on May 1, 2016; Base rent of $37,789 exclusive of taxes, utilities, operating costs and insurance; Additional rent of $378 An option to renew for an additional five (5) year term.

CONCLUSION Mr. Mechally is interested in a five (5) month lease for 2016 as his other lease for Rebel Beach comes due at the end of the 2016 season. At that time he has expressed interest in negotiating

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long term leases for Splash, Rebel Beach and Funnel Tunnel. Staff considers his request to pay the same amount as he paid in 2015 reasonable. It is recommended that the Town accept the Offer to Lease. Respectfully submitted,


14

SCHEDULE “A” LEASED PREMISES:

57 Beach Drive

15

SCHEDULE “B” PARKING

Two (2) Designated Parking Spots

16

SCHEDULE "C" RULES AND REGULATIONS 1. The Tenant shall use its best efforts to ensure that no unauthorized persons shall enter at any time

other than during normal business hours.

2. The Tenant shall at all times keep the interior and exterior of the Leased Premises, and all stairways and entrances and exits leading to and from the Leased Premises (the “building”) in a safe and cleanly condition. In this regard, the Tenant agrees to follow all reasonable directions from the Landlord and to clean, maintain and repair the building immediately upon receipt of such directions. Should it fail to do so, the Landlord may do so at the Tenant’s expense and add the cost of same to the Tenant’s rent.

3. The Tenant shall ensure that it follows good and proper business practices, and that it observes and adheres to all municipal, provincial, and federal laws and regulations in connection with its use of the Leased Premises. In observing all such laws, the Tenant shall give priority to the care and safety to all of its customers, staff, patrons, and other visitors.

4. Without restricting the generality of the preceding sections, the sidewalks, entries, passages, and staircases shall not be obstructed or used by the Tenant, his agents, servants contractors, invitees or employees for any purpose other than ingress to an egress from the Leased Premises. The Landlord reserves entire control of all parts of the building employed for the common benefit of the tenants including, without restricting the generality of the foregoing, the sidewalks, entries, corridors and passages not within the Leased Premises, washrooms, lavatories, air conditioning closets, fan rooms, janitor's closets, electrical closets and other closets, stairs, flues, stacks, pipe shafts and ducts and shall have the right to place such signs and appliances therein, as it may deem advisable, provided that ingress to an egress from the Leased Premises is not unduly impaired thereby.

5. The Tenant, his agents, servants, contractors, invitees or employees, shall not bring in or take out, position, construct, install or move any safe, business machine or other heavy office equipment without first obtaining the consent in writing of the Landlord. In giving such consent, the Landlord shall have the right in its sole discretion, to prescribe the weight permitted and the position thereof, and the use and design of planks, skids, or platforms to distribute the weight thereof. All damage done to the building by moving or using any such heavy equipment or other office equipment or furniture shall be repaired at the expense of the Tenant. The moving of all heavy equipment or other office equipment or furniture in or out of the building shall take place only at such times and using such entrances as shall be approved in writing by the Landlord. No freight or bulky matter of any description will be received into the building except during hours approved by the Landlord.

6. The Tenant shall not place or cause to be placed any additional locks upon doors of the Leased Premises without the approval of the Landlord. Additional locks must be obtained from the Landlord at the cost of the Tenant.

7. The water closets and other water apparatus shall not be used for any purpose other than those for which they were constructed, and no sweepings, rubbish, rags, ashes or other substances shall be thrown therein or in the passages. Any damage resulting from misuse shall be borne by the Tenant by whom or by whose agents, servants, or employees the same is caused. The Tenant shall not let the water run unless it is in actual use. The tenant shall be responsible for proper

17

decommissioning of all water and sewage pipes and apparatus at the end of Term or upon any discontinuation of the use of the Leased Premises.

8. The Tenant shall not deface or mark any part of the building or drive any nails, spikes, hooks or screws into the walls, ceilings or floors thereof except with the prior written consent (not to be unreasonably withheld) of the Landlord and as it may direct. If the Tenant desires telegraphic or telephonic connections the Landlord will direct the electricians as to where and how the wires are to be introduced, and without such directions no boring or cutting for wires will be permitted. No gas pipe or electric wire will be permitted which has not been ordered or authorized in writing by the Landlord.

9. The Tenant shall not install or permit the installation or use of any machine dispensing goods for sale in the Leased Premises or the building without the written consent of the Landlord.

10. No one shall use the Leased Premises for sleeping apartments or residential purposes, or for the storage of personal effects or articles other than those required for business purposes.

11. No animals or birds shall be brought into the Leased Premises.

12. Canvassing, soliciting and peddling in the building are prohibited.

13. No bicycles or other vehicles shall be brought within the building. Any hand trucks, carryalls, or similar appliances used in the building shall be equipped with rubber tires, side guards and other safeguards as the Landlord shall require.

14. Save for in compliance with all applicable laws, no inflammable oils or other flammable, dangerous or explosive materials shall be kept or permitted to be kept in the Leased Premises.

15. All deliveries to the Leased Premises of bulky goods shall be made during such hours and by using such entrance, hallways, and corridors as the Landlord may from time to time prescribe for such purposes.

16. The Tenant shall ensure that the use of the Leased Premises does not create any nuisance to any neighbouring properties, or any persons in or near the Leased Premises, and the Tenant shall not create or contribute to any noise or disturbance which offends the noise by-law for the Town of Wasaga Beach.

17. Between June 1 and September 1, the Tenant shall at minimum be open for business between the normal business hours of 10:00 am and 6:00 pm.

18. Notwithstanding any provisions herein to the contrary, the Tenant shall be entitled, during inclement weather, to open for business at its sole discretion.

19. The Tenant shall not be permitted to be open for business between the hours of 2 am and 6 am.

STAFF REPORT TO: Committee of the Whole FROM: Andrew McNeill, Director of Economic Development and Tourism SUBJECT: Beachfront Lease – 93 Beach Drive, Unit C DATE: April 12, 2016 RECOMMENDATION THAT Committee of the Whole recommend to Council that the Town of Wasaga Beach accept the Offer to Lease from Surf’s Up for 93 Beach Drive, Unit C for a five (5) year term, with an option to renew for a further five (5) years, based on satisfactory performance and Council approval.

BACKGROUND

Mr. Carl Youster, the owner of Surf’s Up, has operated on Main Street for a number of years as well as at other locations on the beachfront.

DISCUSSION Mr. Youster is interested in opening a retail store at 93 Beach Drive adjacent to Beavertails. The margins for retail stores are smaller than for food and beverage and as such he has requested a lower lease rate than that of 93 beach Drive Units A and B. The Council approved lease rate for 93 Beach Drive, Unit C is $18,000 per year. Key terms of the lease are as follows:

Five (5) year term commencing on May 1, 2016; Base rent of $13,000 exclusive of taxes, utilities, operating costs and insurance; Rent escalation of 5% per year over the term of the lease; Additional rent of $130; Additional rent escalation of 5% per year over the term of the lease, and An option to renew for an additional five (5) year term.

CONCLUSION Mr. Youster is an experienced retail operator at the beachfront and understands the margins that can be achieved in retail at the beachfront. He will add a retail component to the western portion of

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the beachfront which for 2016 will have a predominant food offering. It is recommended that the Town accept the Offer to Lease. Respectfully submitted,


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OFFER TO LEASE BETWEEN: THE CORPORATION OF THE TOWN OF WASAGA BEACH ("Landlord") and SURF’S UP ("Tenant") and CARL YOUSTER ("Covenantor") 1. Premises The Tenant hereby offers to lease from the Landlord certain space (the "Leased Premises") described as follows: 93 Beach Drive, Unit C, and which is located on the ground floor and as outlined in red on the floor plan of the Building annexed hereto as Schedule “A” 2. Basic Terms of Lease The Tenant hereby offers to lease the Leased Premises on the following terms and conditions: (a) Term: 5 years (b) Commencement Date: May 1, 2016 (c) Gross Area of the Premises: Approximately 580 SQ. FT. The gross area is the Landlord’s own estimate, and no representation or warranty is given with

respect to such measurement. In no event shall either the Landlord or the Tenant be entitled to any adjustment with respect to base rent or additional rent if the true measurement differs from the said estimate.

(d) Base Rent $13,000 (this amount does not include taxes, utilities, operating costs and insurance): The Tenant covenants to pay to the Landlord, during the term, base rent as follows:

(i) During the 1st year of the term, the sum of $13,000 per annum, payable in installments as follows: a. June 15, 2016 - $2,600 plus HST b. July 15, 2016 - $2,600 plus HST c. August 15, 2016 - $2,600 plus HST

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d. September 15, 2016 - $2,600 plus HST e. October 15,2016 - $2,600 plus HST

(ii) During the 2nd year (s) of the term, the sum of $13,650 per annum, payable in three equal

installments as follows: a. June 15, 2016 - $2,730 plus HST b. July 15, 2016 - $2,730 plus HST c. August 15, 2016 - $2,730 plus HST d. September 15, 2016 - $2,730 plus HST e. October 15,2016 - $2,730 plus HST

(iii) During the 3rd year (s) of the term, the sum of $14,333 per annum, payable in three equal


(iv) During the 4th year (s) of the term, the sum of $15,050 per annum, payable in three equal


(v) During the 5th year (s) of the term, the sum of $15,803 per annum, payable in three equal


(e) Additional Rent: In addition to base rent and additional rent as provided hereunder, the Tenant shall pay to the Landlord an amount equal to one percent of the base rent then in effect for the purpose of supporting the Landlord in its efforts to promote marketing and event programming in Beach Areas One and Two. Notwithstanding the aforesaid intention, the said payment shall be made as rent and nothing shall obligate the Landlord to provide any specific service or accounting to the Tenant on account thereof. The Tenant covenants to pay to the Landlord, during the term, additional rent as follows: (i) During the 1st year of the term, the sum of $130 per annum, payable on June 15th, 2016;

(i) During the 2nd year of the term, the sum of $136 per annum, payable on June 15th, 2017; (ii) During the 3rd year of the term, the sum of $143 per annum, payable on June 15th, 2018; (iii) During the 4th year of the term, the sum of $150 per annum, payable on June 15th, 2019; (iv) During the 5th year of the term, the sum of $158 per annum, payable on June 15th, 2020;

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(f) Manner of Payment of Rent: All base rent, additional rent and other payments payable to the Landlord by the Tenant hereunder either in addition to or in replacement of such H.S.T. Rent will be paid in advance in equal monthly installments on the first day of each and every month of the Term, together with all taxes (including, without limitation, harmonized sales tax) month, rent or the broken part of the calendar month at the commencement of the said term shall be prorated. At the commencement of the lease, the Tenant will provide the Landlord with post-dated cheques for the rent due during the term. All Rent in arrears and all sums paid by the Landlord for expenses incurred which should have been paid by the Tenant shall bear interest from the date payment was due, or made, or expense incurred at a rate per annum equal to the prime commercial lending rate of the Landlord's bank plus ten (10) per cent. The Tenant acknowledges and agrees that, in the event that Rent fails to be deposited into the Landlord’s bank account due to insufficient funds in the Tenant’s bank account or for any other reason (the “Rent Failure”), the Tenant will pay the Landlord in each and every month in which a Rent Failure occurs: (i) an administration fee of Two Hundred Dollars ($200.00) for the first occurrence of a Rent Failure; and (ii) an additional fee of One Hundred Dollars ($100.00) for each additional Rent Failure in the same month.

(g) Deposit:

The Tenant shall deliver, with this offer, a negotiable cheque payable to the Landlord in the amount of $2,000 to be deposited and held in trust as security for the faithful performance by the Tenant of all terms, covenants and conditions hereunder. No interest shall accrue or be paid on the said deposit.

(i) No Deductions: All Rent shall be paid without any set-off, abatement or deduction whatsoever. 3. Option to Renew Provided that: (i) the Tenant is not at any time in default of any covenants within the lease; and (ii) the Landlord has not previously given Re-Development Notice as permitted herein, the Tenant shall be entitled to renew this lease for up to 1 additional term(s) of five (5) year(s) on written notice to the Landlord given not more than 3 months and not less than 1months prior to the expiry of the current term at a rental rate to be negotiated. In the event the Landlord and Tenant cannot agree on the fixed minimum rent at least two months prior to expiry of the current lease, the fixed minimum rent for the renewal period shall be determined by arbitration in accordance with the Arbitration Act or any successor or replacement act.

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4. Repairs The Tenant shall, at its sole cost and expense, at all times during the term of the Offer or any Lease and any renewal(s) thereof, perform or cause to be performed all maintenance, repairs and replacements required to keep the Premises and all contents thereof and all services, equipment and systems located in or primarily serving the Leased Premises at all times in first class appearance and condition and in accordance with all laws and regulations applicable to the Leased Premises and the Landlord’s reasonable requirements. The Tenant shall, at its own expense, maintain and keep the Leased Premises and every part thereof in good order and condition and the Tenant shall promptly make all needed repairs and replacements to the Leased Premises, including without limitation, repairs to the interior and exterior of the Leased Premises as well as the electrical and plumbing systems which are part of the Leased Premises. 5. Realty Taxes and Operating Costs The Tenant shall be solely responsible for and shall promptly pay all realty taxes, local improvements and business taxes with respect to the Leased Premises and the Tenant’s use and operation thereof, which are due and payable during the Term, as well as all other costs, charges and expenses in connection with occupancy of the Leased Premises and the operation of Tenant’s business in the Leased Premises. Such taxes and costs shall be paid by the Tenant within 10 days of receipt by the Tenant of the Landlord’s statement of amounts due. Failure to pay the said amounts due by the Tenant shall constitute a default under this Offer or any Lease. 6. Utilities The Tenant shall be solely responsible for and shall promptly pay all charges for water, gas, electricity, telephone and other public and private utilities and services used or consumed in respect of the Leased Premises and shall be responsible for setting up accounts with the local utility companies to ensure that the Tenant is directly billed for such utilities. The Tenant shall be responsible for any costs incurred by the Landlord to provide separate utility metering to the Leased Premises and shall be required to pay any such costs incurred within 10 days of receipt by the Tenant of the Landlord’s statement of amounts due. Failure to pay the said amounts due by the Tenant shall constitute a default under this Offer or any Lease. 7. Insurance The Tenant shall take out and keep in force during the entire term of this agreement coverage that may be reasonable required by Landlord from to time including but not limited to 'all risks' property coverage, boiler & machinery coverage, business interruption and commercial general liability with minimum limits of $5,000,000. Liability to include Landlord as an 'additional insured' with respect to liability arising out of the use, occupancy or operations of the tenant and such coverage shall include blanket contractual liability, property damage and bodily injury, products and completed operations, cross liability and severability of interest clause and owners contractors protective liability. Evidence shall be provided on a certificate format acceptable to the Landlord and/or certified copies of policies should certificate not be on a format acceptable to Landlord. Policies shall be endorsed to provide the landlord with 30 days minimum written notice except where statutory conditions apply. Coverage must be in effect prior to possession of unit. Coverages shall be written with insurers licensed to do business in the province of Ontario and of an acceptable industry and financial rating.

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8. Permitted Use The Premises shall be used for the purposes of a clothing retail store and for no other purpose provided that the Premises shall at all times be used and maintained by the Tenant in compliance with all applicable laws. The Tenant shall be responsible at its sole cost and expense for obtaining any permits and/or licenses required or associated with its use and occupancy of the Premises. The Tenant shall operate its business as aforesaid in the Premises in an active, continuous and diligent manner, subject to compliance with all applicable laws. For greater certainty and the avoidance of any doubt, the Tenant shall not have any exclusivity for any product that it is selling or any service that it is providing. In the conduct of the Tenant's business, the Tenant shall conduct its business in the Demised Premises during the hours and on the days that the Landlord requires or permits from time to time and at no other time but the Tenant is not required to carry on business when prohibited by a governmental law or by law regulating the hours of business. In the event the Tenant fails to open or re-open the Demised Premises for business for a period exceeding ten (10) consecutive days, or to carry on business at all times in accordance with this Lease, the Tenant agrees that the Landlord may in addition to other rights or remedies available to the Landlord, terminate this Lease. 9. Assignment and Subletting The Landlord may assign this Offer or the Lease to any transferee of the Leased Premises at any time on seven (7) days’ notice to the Tenant. The Tenant shall not assign this Offer or the Lease or sublet all or part of the Leased Premises without having first obtained the prior written consent of the Landlord, which consent may not be unreasonably withheld. Notwithstanding the foregoing, the Landlord may, at its sole option, elect to terminate the Lease in preference to giving consent. If the Landlord shall consent to an assignment or subletting or license by the Tenant, then the Landlord, or its solicitors, may at its option prepare the required documentation, the Tenant to bear all costs of the preparation of such documentation (including the Landlord’s legal fees with respect thereto, which as at the date hereof are Seven Hundred Fifty Dollars ($750.00) plus H.S.T.) and the Tenant shall pay the Landlord an administrative fee of Seven Hundred Fifty Dollars ($750.00) plus H.S.T. for processing the Tenant’s Application for Consent. Notwithstanding any such assignment, the Tenant shall not be released from and shall continue to be responsible for all of its obligations under the Lease. 10. Alterations/Improvements by Tenant The Tenant shall not make any repairs, alterations, replacements or improvements to any part of the Leased Premises without first obtaining the Landlord's written approval, which approval shall not be unreasonably withheld, provided that the Landlord is satisfied that the Tenant is using reputable contractors to perform the foregoing. The Tenant shall be obliged to deliver to the Landlord, within 30 days of the completion of such work, a comprehensive summary of the work performed and the costs incurred by the Tenant in connection with such work. It is agreed and understood that no openings may be made in the floors, walls and roof of the Leased Premises without the prior written consent of the landlord. Should the Landlord consent to such work, it shall be done and maintained in a professional manner, at the sole cost of the Tenant.

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11. Environmental The Tenant’s use of the premises is to comply with all requirements of the municipal zoning bylaws, the requirements of the Ministry of the Environment and the rules and regulations of the Environmental

Protection Act and any amendments thereto. The Tenant agrees to indemnify and hold harmless the Landlord from and against any claims, demands, losses, costs, damages, actions, suits or proceedings which may be brought or commenced by anyone or any group including any environmental agency or group as a result of the Tenant’s use of the premises or any breach by the Tenant of any rules, bylaws, and regulations. The Tenant warrants that no noxious or environmentally unfriendly chemicals or products shall be allowed to enter the drains throughout the lease term, and upon vacating the premises, no such chemicals or products shall be left on the premises. h Bylaws and Codes 12. Fixtures and Improvements at End of Term Except as otherwise provided for in this Offer or any Lease, all alterations, additions and improvements made by the Tenant or made by the Landlord on the Tenant's behalf (other than the Tenant's trade fixtures) shall immediately become the property of the Landlord without compensation therefor to the Tenant. Such alterations, decorations, additions or improvements shall not be removed from the Leased Premises either during or at the expiration of the Term or sooner determination of the Lease except that:

(a) the Tenant may at the end of the Term, if not in default, remove its trade fixtures; and

(b) the Tenant shall, at the end of the Term, at its own cost remove such of its leasehold improvements and fixtures as the Landlord may require to be removed;

provided that the Tenant shall, in the case of every such removal either during or at the end of the Term, make good any damage caused to the Leased Premises by the installation and removal of any such alteration, addition, removal, or improvement. 13. Subordination This Offer and the Lease shall be deemed to be subordinate to any charge or charges from time to time created or granted by the Landlord with respect to the Leased Premises and the Tenant agrees to execute whatever documentation is reasonably required by a lender in connection therewith. 14. Signage The Tenant shall be permitted, at its sole cost and expense, to erect its signage on the Leased Premises, such sign(s) to be of such size and type and in such location as shall conform with all municipal by-laws and as shall be reasonably approved by the Landlord. 15. Parking During the term the Tenant shall have the exclusive use of four (2) standard parking spaces in the lot behind the property.

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16. Garbage Collection The Tenant shall be responsible for all costs associated with the Landlord’s collection of garbage and recycling from the Leased Premises, all of which shall be stored in bins to be provided by the Landlord or its agent and in accordance with the Landlord’s standard rules and regulations. 17. Inspection It shall be lawful for the Landlord and its agents at all reasonable times during the term, to enter the demised premises to inspect the condition thereof; where an inspection reveals repairs are necessary and required by the lease to be done by the Tenant, Landlord shall give Tenant notice in writing, and thereupon Tenant will, within fifteen days from delivery of the notice, make, or commence making and diligently proceed to complete, the necessary repairs in a good and workmanlike manner. The Landlord shall provide the Tenant with 24 hours prior written notice of inspection except in the case of an emergency when no notice shall be required. 18. Right to Show Premises During the last six months of the term of this lease and any extension thereof, as the case may be, the Landlord or its agents and employees shall have the right at any time during business hours of the Tenant to enter upon the demised premises for the purpose of exhibiting same provided that the exercise of such rights shall not unreasonably interfere with the Tenant’s business. 19. Liens The Tenant shall indemnify and hold the Landlord harmless from and against the liability, claim, damages or expense (including legal expenses) due to or arising from any claim made against the demised premises or the building for all liens related to work done by or on behalf of the Tenant and all work which the Tenant is obliged to do and any such liability, claims, damages or expenses incurred by the Landlord shall be paid by the Tenant to the Landlord forthwith upon demand; and the Tenant shall cause all registration of claims for mechanics’ liens and/or certificates of action under the Construction Lien Act and relating to any such work done by or on behalf of the Tenant, and all work which the Tenant is obliged to do, to be discharged or vacated as the case may be within fifteen (15) days of such registration or within five (5) days after notice from the Landlord. 20. Net-Net Lease Save as otherwise provided in this lease, this is a “care free” lease and it is the mutual intention of the parties hereto that rentals herein provided to be paid shall be net to Landlord and clear of all taxes (except Landlord’s income taxes, including capital tax), costs and charges arising from or relating to the demised premises and that Tenant shall bear all costs of and be responsible for all matters in relation to the operation, maintenance and repair of the demised premises and shall pay all charges, impositions and expenses of every nature and kind relating to the demised premises and Tenant covenants with Landlord accordingly. 21. Demolition/Re-Development At any time after the first anniversary of the current date, should the Landlord require the Leased Premises or any part thereof for purposes of full or partial demolition or other re-development or re-sale, then upon 12 full calendar months written notice from the Landlord to the Tenant (the “Re-Development Notice”), the Tenant agrees to vacate the premises, and surrender the unexpired portion of the term, at the

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expiry of the above notice period. Upon surrender of the premises, the Landlord shall pay to the Tenant by way of compensation for previously agreed upon leasehold improvements an amount standing in the same proportion to the cost to the Tenant of said leasehold improvements made by the Tenant pursuant to the provisions of the Lease or with the consent of the Landlord as the unexpired portion of the term stands to the period of time from the Tenant’s payment of such cost to the end of the unexpired portion of the term. The obligation of the Landlord to pay such compensation shall only apply to those leasehold improvements: a) to which the Landlord consented, in writing; and b) for which the Tenant provided a comprehensive summary and cost incurred within 30 days of the substantial completion of same. Furthermore the obligation of the Landlord to pay such compensation still applies only if the Re-Development Notice is given during the initial term, and not any extension or renewals thereof. LEASE/COMM- 22. Rules and Regulations The Tenant and its officers, directors, servants, agents, and all persons visiting or doing business with it shall be bound by and shall observe the rules and regulations attached to this lease as Schedule C and any further and other reasonable rules and regulations hereafter made by the Landlord of which notice shall be given to the Tenant, and all such rules and regulations shall be deemed to be incorporated into and form part of this lease. 23. Lease Form If requested by the Landlord, the Tenant agrees to execute a lease in the Landlord’s standard form, incorporating the terms of this Offer and containing such other non-monetary amendments as the Landlord and Tenant mutually agree upon (the “Lease”), within fifteen (15) business days of receiving same. If the parties fail to agree to the form of Lease within the fifteen (15) business day period aforesaid, then the Landlord may, at its sole option, exercised by five (5) days written notice to the Tenant, terminate this Offer without prejudice to any other rights of the Landlord. The Tenant shall not have possession of the Leased Premises for any purpose prior to the execution of the Lease by the Landlord and Tenant, if requested by the Landlord. The parties acknowledge and agree that the Lease may deal in greater detail than this Offer in that certain clauses in the Offer may be expanded upon in the Lease and contains clauses in addition to those in this Offer. Terms not otherwise defined in this Offer are used with the same meanings as set out in the Lease. If there is any conflict between this Offer and the Lease, the latter shall govern. Until and unless a further Lease is executed in accordance with the foregoing, this Offer shall constitute the entire lease agreement between the parties. 24. Entire Agreement The parties acknowledge and agree that this Offer contains all the covenants, promises, agreements, conditions, understandings and arrangements between the Landlord and the Tenant concerning the Leased Premises and supercedes and replaces any and all previous covenants, promises, agreements, conditions, understandings and arrangements between the parties (save and except with respect to any unpaid previous arrears which may be owing by the Tenant to the Landlord as set out herein), and there are no covenants, promises, agreements, conditions, understandings, warranties or representations, either oral or

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written, between them or relied upon by the Tenant to induce it to enter into this Offer, other than are herein set forth. 25. Condition of Premises The Tenant acknowledges and agrees that the Tenant is accepting the Leased Premises in "as is, where is" condition and in such condition as the Leased Premises may be left by the previous tenant, and that the Landlord has made no representation or warranty whatsoever as to, and has no obligation or responsibility in respect of, the condition of the Leased Premises and/or the suitability thereof for the Tenant’s intended use. The Tenant shall complete, at its sole expense, in compliance with all applicable laws, and in accordance with plans and specifications to be provided to the Landlord and approved by the Landlord in writing, all work, fixtures, improvements, and equipment which may be required to be completed in, on or to the Leased Premises (subject to the provisions of this Offer or any Lease) in order for the Tenant to occupy, use and enjoy the Leased Premises and conduct its business therefrom. For greater certainty, the Landlord shall not be responsible for any repairs required to the Leased Premises whatsoever, and the Tenant agrees that it shall have no claim or recourse whatsoever against the Landlord for any damage caused to the Leased Premises. The Tenant further acknowledges that in the event that damage occurs to the Leased Premises it will look to its own insurance and/or resources to undertake the required repairs. 26. Force Majeure In the event that the Landlord shall be delayed or hindered or prevented from performing any of its obligations hereunder by reason of any strike, lock-out, labour trouble, shortage of materials, failure of power, riots, insurrection, war, act of God, or for any other reason beyond its reasonable control, then performance of such obligations shall be excused for the period of all such delays and the period for the performance of any such obligations shall be extended for a period equivalent to the period of all such delays. 27. Default and Termination Despite anything contained in any present or future laws, statutory or otherwise, to the contrary, if and whenever during the Term hereof:

(a) the Tenant fails to pay any rent, taxes, utilities and/or costs incurred/paid for by the Landlord (on the Tenant’s behalf) or any other amounts due to the Landlord by the Tenant, on the date or dates appointed for the payment thereof and such failure continues for a period of seven (7) days following notice by the Landlord (and the Tenant hereby waives the benefit of s. 19 (2) of the Commercial Tenancies Act, as may be amended (the "Act")); or

(b) the Tenant fails to observe or perform any other of the terms, covenants or conditions of this Offer or any Lease Agreement to be observed or performed by the Tenant and such failure continues for a period of seven (7) days following notice by the Landlord (and the Tenant hereby waives the benefit of s. 19 (2) of the Commercial Tenancies Act, as may be amended (the "Act")); or

(c) the Tenant or any covenantor of this Offer or any Lease or any other person occupying

the Leased Premises or any part thereof or any franchisee carrying on business in the Leased Premises becomes bankrupt or insolvent or takes the benefit of any statute

now or hereafter in force for bankrupt or insolvent debtors or files any proposal or

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makes any assignment for the benefit of creditors or any arrangement or compromise; or (d) a receiver, interim receiver, receiver and manager, custodian or liquidator is appointed for the business, property, affairs or revenues of the Tenant or of any covenantor of this Offer or any Lease, or of any transferee, occupant or franchisee of the Leased Premises; or (e) any steps are taken or any action or proceedings are instituted by the Tenant or by any other person, including, without limitation, any court or governmental body of competent jurisdiction for the dissolution, winding up or liquidation of the Tenant or its assets; or (f) the Tenant makes or attempts to make a sale in bulk of any of its assets, wherever situated (other than a bulk sale made to a transferee permitted under this Offer or any Lease); or (g) the Tenant sells or disposes of the goods, trade fixtures, equipment or chattels of the Tenant or removes or commences, attempts or threatens to remove them from the Leased Premises so that in the Landlord's opinion there would not in the event of such sale, disposal or removal, be sufficient goods of the Tenant on the Leased Premises subject to distress to satisfy all rent due or accruing hereunder for a period of at least twelve (12) months; or (h) the Tenant vacates or abandons or attempts to vacate or abandon the Leased Premises or any part thereof, or the Landlord has reasonable cause to believe that the Tenant intends to vacate or abandon or attempts to vacate or abandon the Leased Premises or any part thereof, and without restricting the generality of the foregoing, the Tenant’s absence from the Leased Premises for any period of ten (10) consecutive days shall be deemed abandonment of same; or (i) the Leased Premises or any part thereof are used by any persons other than those as are entitled to use them under the terms of this Offer or any Lease; or (j) the Tenant effects or attempts to effect a transfer or a change in the effective voting control of the Tenant that is not permitted by this Offer or the Lease; or (k) this Offer or any Lease or any of the Tenant's assets on the Leased Premises are taken under any writ of execution, chattel mortgage, charge, debenture or other security instrument; or (l) re-entry is permitted under any other terms of this Offer or the Lease or otherwise at law, then and in every such case at the option of the Landlord, the Tenant shall be in default and, in addition to any other rights or remedies it has pursuant to this Offer or any Lease or at law, the Landlord shall have the following rights and remedies, which are cumulative and not alternative:

(1) to terminate this Offer or any Lease by notice to the Tenant;

(2) to enter the Leased Premises as agent of the Tenant and to relet the Leased Premises for whatever term, and on such terms as the Landlord in its discretion

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may determine and to receive the rent therefor and as agent of the Tenant to take possession of any property of the Tenant on the Leased Premises, to store such property at the expense and risk of the Tenant or to sell or otherwise dispose of such property in such manner as the Landlord may see fit without notice to the Tenant; (3) to remedy or attempt to remedy any default of the Tenant under this Lease for the account of the Tenant and to enter upon the Leased Premises for such purposes. No notice of the Landlord's intention to perform such covenants need be given the Tenant unless expressly required by this Offer or any Lease. The Landlord shall not be liable to the Tenant for any loss or damage caused by acts of the Landlord in remedying or attempting to remedy such default and the Tenant shall pay to the Landlord all expenses incurred by the Landlord in connection with remedying or attempting to remedy such default; (4) to recover from the Tenant all damages and expenses incurred by the Landlord as a result of any breach by the Tenant including, if the Landlord terminates this Offer or any Lease, any deficiency between those amounts which would have been payable by the Tenant for the portion of the Term following such termination and the net amounts actually received by the Landlord during such period of time with respect to the Leased Premises; (5) to recover from the Tenant the full amount of the current month's rent together with the next three (3) months' instalments of rent, all of which shall immediately become due and payable as accelerated rent; and

(6) to enter the demised premises and to take possession of any goods or chattels whatsoever in the demised premises, and to sell the same at public or private sale without notice and apply the proceeds of such sale on account of Rent or in satisfaction of the breach of any covenant, obligation or agreement herein contained and the Tenant shall remain liable for the deficiency, if any. The Landlord may use any keys in his possession or may enter the demised premises by breaking the locks or otherwise forcing the doors or windows of the demised premises and this shall constitute the Landlord's irrevocable licence for so doing and that Landlord shall not by liable for any prosecution therefor. Notwithstanding anything contained in the Commercial Tenancies Act (Ontario) or any successor legislation or other statute which may hereafter be passed or take the place of the said act or to amend the same, none of the goods and chattels of the Tenant at any time during the continuance of the Term shall be exempt from levy by distress for rent; and that upon any claim being made for such exemption by the Tenant, or on distress being made by the Landlord, this provisions may be pleaded as an estoppel against the Tenant in any action brought to test the right of the levying upon any such goods as are names as exempted in the said Act, the Tenant waiving as it hereby does all and every benefit that it would or might have with regard thereto.

28. Landlord’s Conditions This Offer to Lease and any Lease arising herefrom shall be conditional upon the completion of the following, on or before the Lease Commencement Date:

(i) delivery of satisfactory evidence of insurance as provided for herein;

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(ii) delivery of satisfactory evidence that the Tenant has set up accounts with the local utility companies in its name; and

(iii) delivery of security deposit and post-dated rent cheques;

failing which the Landlord may terminate this Offer or any Lease arising herefrom by notice in writing delivered to the Tenant. The above conditions have been inserted for the sole benefit of the Landlord and may be waived in whole or in part by it at any time on or before the Commencement Date.

The Tenant shall deliver such financial and other information as the Landlord may reasonably require (the "Tenant’s Information"), within three (3) business days of request therefor. This Offer to Lease and the Lease arising herefrom shall be further conditional for a period of five (5) business days following the date of receipt of the Tenant’s Information (the "Financial Conditional Date"), upon approval of the financial strength of the Tenant by the Landlord, in its sole and absolute discretion, failing which the Landlord may terminate this Offer or any Lease arising herefrom by notice in writing delivered to the Tenant. This condition has been inserted for the sole benefit of the Landlord and may be waived in whole or in part by it at any time on or before the Financial Conditional Date. 29. Covenantor Notwithstanding anything herein to the contrary, and in consideration of the Landlord agreeing to enter into this Offer with the Tenant, the Covenantor hereby covenants with the Landlord that the Covenantor shall be jointly and severally liable as principal covenantor and not as surety or guarantor, along with the Tenant and any subsequent assignees or Covenantors for all and several the covenants, obligations, agreements and liabilities of the Tenant contained in this Offer or any Lease during the Term and any renewal thereof, and the Covenantor, on his own behalf and on behalf of his heirs, executors, administrators, successors and assigns in consideration of the granting of this Offer by the Landlord, does hereby covenant, promise and agree as principal debtor and not as surety, to well and truly pay or cause to be paid to the Landlord the rents and additional rents and other amounts due from time to time under this Offer or any Lease, and will in all matters pertaining to the Offer or any Lease well and truly do, observe, fulfill and keep all and singular the covenants, provisos, conditions, agreements and stipulations contained in this Offer or any Lease, and the Covenantor does further agree that this covenant shall bind him during the term of this Offer or any Lease and every renewal thereof as though the Covenantor was made as a Tenant hereunder, notwithstanding the giving of time for payment thereof or the terms and conditions of this Offer or any Lease; and the Covenantor agrees that the Landlord may accept payments of any kind direct from the Tenant, and may waive breaches and accept other covenants, sureties or securities without notice to the Covenantor and without relieving the Covenantor from his liability hereunder, which shall be a continuous liability and shall subsist until expiry of this Offer or any Lease and all renewals hereof. 30. Successors and Assigns This Agreement resulting from the acceptance of this Offer to Lease shall be binding upon and ensure to the benefit of the Landlord and Tenant and their respective successors, administrators and assigns.

31. Confidentiality The Tenant hereby covenants and agrees that the contents, terms and conditions of this Agreement and the Lease to be executed shall be kept strictly confidential. It is understood that the Tenant will not, without written permission of the Landlord, discuss or reveal the terms of this Agreement with other Parties including, but not limited to other tenants, prospective tenants, real estate agents, suppliers or customers, save and except for the legal and financial advisors of the Tenant.

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32. Time of essence Time shall be of the essence herein.

33. Law of Ontario

This Agreement shall be construed in accordance with the laws of the Province of Ontario.

34. Notices Any notice herein provided, permitted, or required to be given shall be in writing and shall be deemed given and received when delivered personally or hand delivered to the Address for Service provided below, or where a facsimile number or email address is provided herein, when transmitted electronically to that facsimile number or email address to the party to whom it is addressed. Any such notice shall be deemed to have been received by the party to whom it is addressed if delivered by hand, on the date of such delivery and if transmitted by facsimile or email, on the date on which confirmation of receipt of such facsimile or email was received:

To the Landlord at: 30 Lewis Street, Wasaga Beach, ON L9Z 1A1 Fax __________________ To the Tenant and the Covenantor at: 35. Irrevocable Date

This Offer is irrevocable by the Tenant and shall remain open for acceptance until 11:59 p.m. on, April 29, 2016 after which this Offer shall become null and void.

36. Conditions Precedent This Offer is conditional upon the approval of the terms hereof by the Council for the Corporation of the Town of Wasaga Beach. Unless the Landlord gives notice in writing delivered to the Tenant personally or in accordance with any other provisions for the delivery of notice in this Agreement to Lease or any Schedule thereto not later than 11:59 p.m. on the 29 day of April, 2016, that this condition is fulfilled, this Offer shall be null and void and any deposit shall be returned to the Tenant in full without deduction. The Landlord shall have until not later than 11:59 p.m. on the 29 day of April, 2016, to verify that the financial covenant of the Tenant is satisfactory to the Landlord. If the Tenant’s covenant is not acceptable to the Landlord, the Landlord may terminate this Agreement by notice in writing delivered to the Tenant personally or in accordance with any other provisions for the delivery of notice in this Agreement to Lease or any Schedule thereto within the time period stated above and the Tenant’s deposit shall be returned in full without deduction. These conditions are included for the benefit of the Landlord and may be waived at the Landlord’s sole option by notice in writing to the Tenant as aforesaid within the time period stated herein.

15

SCHEDULE “A” LEASED PREMISES:

Leased Premises

16

SCHEDULE “B” PARKING (IF APPLICABLE)

Two (2) Designated Parking Spots

17

SCHEDULE "C" RULES AND REGULATIONS 1. The Tenant shall use its best efforts to ensure that no unauthorized persons shall enter at any time

other than during normal business hours.

2. The Tenant shall at all times keep the interior and exterior of the Leased Premises, and all stairways and entrances and exits leading to and from the Leased Premises (the “building”) in a safe and cleanly condition. In this regard, the Tenant agrees to follow all reasonable directions from the Landlord and to clean, maintain and repair the building immediately upon receipt of such directions. Should it fail to do so, the Landlord may do so at the Tenant’s expense and add the cost of same to the Tenant’s rent.

3. The Tenant shall ensure that it follows good and proper business practices, and that it observes and adheres to all municipal, provincial, and federal laws and regulations in connection with its use of the Leased Premises. In observing all such laws, the Tenant shall give priority to the care and safety to all of its customers, staff, patrons, and other visitors.

4. Without restricting the generality of the preceding sections, the sidewalks, entries, passages, and staircases shall not be obstructed or used by the Tenant, his agents, servants contractors, invitees or employees for any purpose other than ingress to an egress from the Leased Premises. The Landlord reserves entire control of all parts of the building employed for the common benefit of the tenants including, without restricting the generality of the foregoing, the sidewalks, entries, corridors and passages not within the Leased Premises, washrooms, lavatories, air conditioning closets, fan rooms, janitor's closets, electrical closets and other closets, stairs, flues, stacks, pipe shafts and ducts and shall have the right to place such signs and appliances therein, as it may deem advisable, provided that ingress to an egress from the Leased Premises is not unduly impaired thereby.

5. The Tenant, his agents, servants, contractors, invitees or employees, shall not bring in or take out, position, construct, install or move any safe, business machine or other heavy office equipment without first obtaining the consent in writing of the Landlord. In giving such consent, the Landlord shall have the right in its sole discretion, to prescribe the weight permitted and the position thereof, and the use and design of planks, skids, or platforms to distribute the weight thereof. All damage done to the building by moving or using any such heavy equipment or other office equipment or furniture shall be repaired at the expense of the Tenant. The moving of all heavy equipment or other office equipment or furniture in or out of the building shall take place only at such times and using such entrances as shall be approved in writing by the Landlord. No freight or bulky matter of any description will be received into the building except during hours approved by the Landlord.

6. The Tenant shall not place or cause to be placed any additional locks upon doors of the Leased Premises without the approval of the Landlord. Additional locks must be obtained from the Landlord at the cost of the Tenant.

7. The water closets and other water apparatus shall not be used for any purpose other than those for which they were constructed, and no sweepings, rubbish, rags, ashes or other substances shall be thrown therein or in the passages. Any damage resulting from misuse shall be borne by the Tenant by whom or by whose agents, servants, or employees the same is caused. The Tenant shall not let the water run unless it is in actual use. The tenant shall be responsible for proper

18

decommissioning of all water and sewage pipes and apparatus at the end of Term or upon any discontinuation of the use of the Leased Premises.

8. The Tenant shall not deface or mark any part of the building or drive any nails, spikes, hooks or screws into the walls, ceilings or floors thereof except with the prior written consent (not to be unreasonably withheld) of the Landlord and as it may direct. If the Tenant desires telegraphic or telephonic connections the Landlord will direct the electricians as to where and how the wires are to be introduced, and without such directions no boring or cutting for wires will be permitted. No gas pipe or electric wire will be permitted which has not been ordered or authorized in writing by the Landlord.

9. The Tenant shall not install or permit the installation or use of any machine dispensing goods for sale in the Leased Premises or the building without the written consent of the Landlord.

10. No one shall use the Leased Premises for sleeping apartments or residential purposes, or for the storage of personal effects or articles other than those required for business purposes.

11. No animals or birds shall be brought into the Leased Premises.

12. Canvassing, soliciting and peddling in the building are prohibited.

13. No bicycles or other vehicles shall be brought within the building. Any hand trucks, carryalls, or similar appliances used in the building shall be equipped with rubber tires, side guards and other safeguards as the Landlord shall require.

14. Save for in compliance with all applicable laws, no inflammable oils or other flammable, dangerous or explosive materials shall be kept or permitted to be kept in the Leased Premises.

15. All deliveries to the Leased Premises of bulky goods shall be made during such hours and by using such entrance, hallways, and corridors as the Landlord may from time to time prescribe for such purposes.

16. The Tenant shall ensure that the use of the Leased Premises does not create any nuisance to any neighbouring properties, or any persons in or near the Leased Premises, and the Tenant shall not create or contribute to any noise or disturbance which offends the noise by-law for the Town of Wasaga Beach.

17. Between June 1 and September 1, the Tenant shall at minimum be open for business between the normal business hours of 10:00 am and 6:00 pm.

18. Notwithstanding any provisions herein to the contrary, the Tenant shall be entitled, during inclement weather, to open for business at its sole discretion.

19. The Tenant shall not be permitted to be open for business between the hours of 2 am and 6 am.

STAFF REPORT TO: Committee of the Whole FROM: Andrew McNeill, Director of Economic Development and Tourism SUBJECT: Beachfront Lease – Wasaga Beach Paddlesurf Adventure Co. DATE: April 12, 2016 RECOMMENDATION THAT Committee of the Whole recommend to Council that the Town of Wasaga Beach accept the Offer to Lease from Wasaga Beach Paddlesurf Adventure Co., for the space located at the corner of 3rd Street and Beach Drive, for a two (2) year lease term, with an option to renew for a further three (3) years, based on satisfactory performance and Council approval; BACKGROUND At the March 10, 2016 meeting of the General Government Services Section of Coordinated Committee, RESOLUTION No. 2016-03-05 was approved as follows:

RESOLVED THAT the General Government Services Section of Coordinated Committee recommend to Council that the Director of Economic Development and Tourism prepare a new lease agreement for a five (5) year term with an option to renew for an additional five (5) years at a rate of $2,000 per annum with Mr. Ryan Maxwell to operate Kowabunga Stand-Up Paddle and Kayak, based on satisfactory performance and Council approval; and, as amended FURTHER THAT the General Government Section of Coordinated Committee recommend to Council that a lease termination letter from 2412089 Ontario Inc. be requested and received prior to entering a new lease with Mr. Maxwell.

Further, the following motion, RESOLUTION No. 2016-03-04 was adopted:

THAT the motion pertaining to the Kowabunga Lease be amended to provide for a two (2) year lease term with an option to renew for an additional three (3) years, and THAT a clause be added to the negotiated lease to include:

The provision of roof repairs to install a more aesthetically pleasing material prior to opening;

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The inclusion of hours of operation. AND THAT Staff report back to Committee on the final negotiated lease terms for consideration and recommendation to Council for final approval.

DISCUSSION Termination of Lease Attached as Appendix One is a Termination of Lease letter from 2412089 Ontario Inc., that was received on March 10, 2016. New Lease Agreement Mr. Maxwell is taking this opportunity to rename Kowabunga Stand-Up Paddle and Kayak to Wasaga Beach Paddlesurf Adventure Co. Attached as Appendix Two is the new lease agreement. Key lease terms are as follows:

Two (2) year term with an option to renew for an additional three (3) year term; Commencing May 1, 2016; Annual rent of $2,000 per season; $5,000,000 liability insurance; 90 days written notice to terminate the agreement; A clause to ensure the exterior appearance of the building is properly addressed, and An hours of operation clause similar to all other beachfront operators.

CONCLUSION The Town has received a termination letter from 2412089 Ontario Inc., and is now in a position to enter into a new lease agreement with Mr. Ryan Maxwell. It is recommended that the Town enter into the agreement with Wasaga Beach Paddlesurf Adventure Co. Respectfully submitted,


March 10, 2016

Termination of Lease – 2412089 Ontario Inc.

2412089 Ontario Inc. is giving notice that the company is terminating the lease agreement

signed on September 12, 2014 between the corporation and THE CORPORATION OF THE TOWN

OF WASAGA BEACH effective March 10, 2016.

The opportunity to work with the Town of Wasaga Beach was a positive experience and we

appreciated the assistance the Town offered to the company and Kawabunga Paddle during the

two seasons that the company was in operation.

Respectively

Helen Smith

President

2412089 Ontario Inc.

Con.10-596324

RR1

Holland Centre

Ontario, N0H 1R0

Beach Dr.3r

d S

t. N

.

¯

0 2 41 Meterso

All rights reserved. THIS IS NOT A PLAN OF SURVEY.

Schedule A

Kowabunga Standup Paddle and Kayak, 123 Beach Drive

STAFF REPORT TO: Committee of the Whole FROM: Andrew McNeill, Director of Economic Development and Tourism SUBJECT: Beachfront Lease – 14 First Street Unit 1 DATE: April 12, 2016 RECOMMENDATION THAT Committee of the Whole recommend to Council that the Town of Wasaga Beach accept the Offer to Lease from Kaos Apparel Inc., o/a Funnel Tunnel for 14 First Street for a five (5) month term, with an option to renew for a further five (5) years, based on satisfactory performance and Council approval.

BACKGROUND Mr. Gilles Mechally, the owner of Kaos Apparel Inc., o/a Funnel Tunnel, has operated Funnel Tunnel for many years and was the operator of Funnel Tunnel during the 2015 season. He also operated Rebel Beach and Splash in 2015. DISCUSSION Mr. Mechally is interested in returning to lease 14 First Street Unit 1 for the 2016 season. Mr. Mechally has operated a number of businesses in various locations at the beachfront over the years. For his entire tenure at the beachfront property taxes and utilities were always included in lease rates. Since the Town has taken ownership the situation has changed. The Town now charges property taxes and utilities exclusive of lease rates. In 2015, Mr. Mechally paid $19,000 to lease 14 First Street Unit 1. For 2016 he has requested that property taxes and utilities be subtracted from his overall lease rate so that his total payment to the Town is identical to what he paid in 2015. Property taxes have been deducted; however, the unit is not individually metered, therefore, Mr. Mechally has requested that utilities be included in the lease rate for the 2016 season. If he returns to lease 14 First Street Unit 1 in 2017 he is agreeable to paying utilities in addition to the lease subject to the installation of a separate hydro meter. Key terms of the lease are as follows:

Five (5) months commencing on May 1, 2016; Base rent of $17,173 exclusive of taxes, operating costs and insurance and inclusive of

utilities; Additional rent of $171 An option to renew for an additional five (5) year term.

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CONCLUSION Mr. Mechally is interested in a five (5) month lease for 2016 as his other lease for Rebel Beach comes due at the end of the 2016 season. At that time he has expressed interest in negotiating long term leases for Splash, Rebel Beach and Funnel Tunnel. Staff considers his request to pay the same amount as he paid in 2015 reasonable and until a separate hydro meter is installed his request to have utilities included is considered reasonable by staff. It is recommended that the Town accept the Offer to Lease. Respectfully submitted,


STAFF REPORT TO: Committee of the Whole FROM: Andrew McNeill, Director of Economic Development and Tourism SUBJECT: Award of RFP for the Dardanella Beachfront Licensed Establishment DATE: April 12, 2016

RECOMMENDATION THAT Committee of the Whole 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.

BACKGROUND At the January 26, 2016 meeting of Committee of the Whole, RESOLUTION NO. 2016-01-12 was adopted as follows: 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. The Town re-issued a notice of request for proposals (RFP’s) to lease the Dardanella beachfront licensed establishment on February 4, 2016. Council at its meeting of February 16, 2016 approved the following amendment to the Request for Proposals to lease the Dardanella Licensed Establishment: “That in the interest of ensuring competition between licensed establishments (at the beachfront) Council reserves the right not to award the RFP for the Dardanella to the operator whose proposal scores the highest if that operator is already leasing a licensed establishment from the Town”. DISCUSSION In response to the RFP for the Dardanella, two (2) proposals were received by the stipulated deadline of February 25, 2016.

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The RFP contained a description of the licensed establishment, including the licensed capacity and floor plan. Proponents were advised that the establishment is available on an “as is where is” basis. Interested proponents were given the opportunity to tour the establishment and an opportunity to ask formal questions via email up until the day before proposals were due. Dardanella RFP Requirements The requirements of the RFP for the Dardanella were as follows:

A description of the respondents expertise and experience in the operation of licensed establishments;

Indication if they are a current liquor license holder in Ontario; If not a current license holder, provision of a criminal reference check; Demonstrated ability to obtain a Liquor License; Written permission from the respondent to contact the AGCO to confirm good

standing; Confirmation that the respondent is current on Federal, Provincial, Municipal

Taxes/Water accounts; A letter from the respondent’s financial institution indicating that it has access to

$100,000 in working capital to cover the cost of start-up and commencement of operations of the licensed facility;

Ability to obtain insurance to the satisfaction of the Town, naming the Town as co-insured with $5,000,000 coverage;

WSIB Clearance Certificate; Demonstrated ability to open by May 20, 2016; Submission of a suitable Operations Plan (target demographic, hours of

operation, staffing, security, food offering, etc.); Submission of a $10,000 refundable deposit on acceptance and a further

$10,000 deposit on May 1, 2016. Deposits are to be refunded at the conclusion of the season, provided premises are left in good condition and staff paid;

References from two past landlords, and Listing of persons that would be assigned as managers, including their relevant

experience, qualifications, roles and responsibilities. RFP Evaluation Criteria The RFP contained evaluation criteria. As a result of the complex nature of operating the establishment, a quality based proposal was used, not simply a price proposal. A quality based proposal has both technical and financial components with an emphasis on the technical requirements. The criterion was as follows:

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Evaluation Criteria Scoring

Quality and completeness of proposal 5 Confirmation of Insurance including WSIB 5 Ability to obtain a Liquor License 10 Rent offered 20 Confirmation of Financial Capacity to Operate 15

(letter from Bank and confirmation taxes are paid) Operations Plan 10 Term of Lease 10 Experience with similar bars 20 References 5

Total 100 The evaluation team consisted of the Director of Economic Development and Tourism, the Director of Public Works and the Communications and Special Events Coordinator. The evaluation team consulted with a representative from the AGCO about the status of all respondents who was able to provide general information. RFP Submissions Two submissions were received to operate the Dardanella beachfront licensed establishment from the following: Phoenix Hospitality Inc., and Elusiv Entertainment (Vince Piacente). The highlights from each respective submission, as well as their respective ranking following evaluation by the evaluation team are noted below: Max

Score Phoenix Hospitality Inc.

Vince Piacente

Proposal 100 85.5 78 Proposed Rent

1 - $34,000 2 - $34,680 3 - $35,737 4 - $36,081 5 - $36,802

$50K (years 1-5) $60K (upon renewal)

Leasehold Improvements

1 - $156K 2 - $65K 3 - $65K 4 - $65K 5 - $65K Capital Assets

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of: $304K

Additional Promotional Budget: $45K - $65K (promotional agreement for 2016 with Z103.5, Centre of Gravity Festival and Wasaga Beach Brewing Company)

Interest in working to bring the Dance Hall back into operation

Proposed Term

5 Years + 5 Years

5 Years + 5 Years

Rank 1 2 Lease Rate 2015 versus 2016 (Exclusive of HST) When the Town leased the three beachfront licensed establishments for 2015, the operator had a short term lease and the objective was simply to get all three establishments up and running for the 2015 season. In 2015, the Dardanella was leased for $27,500. Competition at the Beachfront If the Main Street Beer Garden is operational in 2016, there will be a total of five licensed establishments at the beachfront. Phoenix Hospitality Inc., has been awarded Bananas beachfront licensed establishment and Recreation Leisure Services has been awarded the Copa and two others are independently operated. Council has approved a recommendation to reserve the right not to award the RFP for the Dardanella to the operator whose proposal scores the highest if that operator is already leasing a licensed establishment from the Town. If Phoenix Hospitality Inc., is awarded the Dardanella, two of the five establishments would be operated by the same operator with the other three independently operated. Staff are of the view that Council needs to determine if it is satisfied that there is sufficient competition at the beachfront. Staff are recommending that the RFP for the

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Dardenella be awarded to Phoenix Hospitality Inc., who scored higher during the evaluation; however, in the opinion of the writer, either operator is capable of successfully running the Dardanella, Elusiv submitted a higher lease rate which is attractive, while Phoenix Hospitality submitted a stronger complete proposal. Proposed Lease Rates and Terms It is the opinion of staff that irrespective of proposed capital improvements, the proposed lease rate for the Dardanella by Phoenix Hospitality Inc., requires negotiation. It is therefore recommended that staff be directed to engage with Phoenix Hospitality Inc., to see if a more favourable rate can be negotiated for the Town. CONCLUSION The evaluation team has scored Phoenix Hospitality Inc., as the lead proponent for the Dardanella. Council has indicated that competition between the beachfront licensed establishments is beneficial. It is recommended that Phoenix Hospitality Inc., be awarded the Dardanella as the proposal submitted was stronger; however, Council needs to determine if it satisfied that there is sufficient competition at the beachfront. Submitted by:


STAFF REPORT TO: Committee of the Whole FROM: Holly Bryce, Town Clerk/Manager of Corporate and Strategic Initiatives SUBJECT: Amendments to the Council Procedural By-law

DATE: April 12, 2016 RECOMMENDATION THAT Committee of the Whole receive the report pertaining to the Amendments to the Council Procedural By-law; and, THAT Committee of the Whole recommends to Council that the Council Procedural By-law be amended to allow for administrative changes and amendments including, but not limited to:

- Providing for recorded votes on all matters - Addition of a comment period at the beginning of all Regular Council meetings - Inclusion of new provisions for closed session meetings as provided for in the Municipal Act - Reference to the Town’s Code of Conduct - Revisions to the number of Deputations/Public Meetings/Presentations at various meetings.

BACKGROUND At its meeting of March 22, 2016 Council approved two Notice of Motions pertaining to providing for recorded votes on all matters and the addition of a question period at the beginning of all Regular Council meetings. In accordance with the Town’s Notice Provision By-law, 14 days notice must be given (via the News Paper and Town’s website) that Council proposes to consider and pass the necessary by-laws to amend the Procedural By-law. Anytime amendments are proposed to the Procedural By-law, Staff take the opportunity to review the provisions of the By-law to determine if any additional amendments can be proposed to reflect current practises or to achieve greater efficiencies at the various meetings the By-law applies to. DISCUSSION Attached is the redlined version of the By-law that indicates the proposed amendments as follows: Administrative Amendments

- By-law updated to reflect proposed amendments. - Definitions and 4.16 – inclusion of “Council Public Open House” based on the new policy that

was passed. - 2.05 removed contradicting wording

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- 4.05 – Clarification that notice of meetings to be posted on the Town’s website no less than 48 hours prior to the meeting.

- 4.13 – change to wording to reflect Town’s Notice Policy. - 5.05 – addition of closed session to the Advisory Committee Agenda (was previously not noted

despite being able to go in camera). - 6.01 – clarification on the Clerks role to distribute agendas (CC, CoW and Council). All other

agendas for Advisory Committees are the responsibility of the Staff Resource Person for said Committee.

- 6.01 – clarification on the existing requirements to post agendas on the Town’s website. - 6.04 and 6.08 – clarification on CC and CoW minutes vs reports. - 6.08 and 7.03 - removal of separate motions on the Council agenda for items from CC or CoW

(to reflect current practises). - 6.08 – inclusion of notification to the Clerk for pulled items (to reflect current practises). - 6.08 – removal of the requirement for the Member who pulls an item for separate discussion to

be the mover of the motion items (to reflect current practises). - 6.08 – reports to appoint members to various Boards and Committees moved from direct

report to Council to CoW to allow for potential discussion prior to the passing of the appointment By-law.

- 6.09 – removal of Notice of Motion to be presented at CoW items (to reflect current practises). - 6.10 – calling of Committee Meetings changed to have the Clerk call the meetings items (to

reflect current practises). - 7.01 – addition and clarification on the need for motions to have a mover and seconder and

that the mover cannot vote against the motion (as per Roberts Rules of Order). - Table of contents and formatting will be updated in the final document.

Recorded Vote

- Definitions and 9.01 – addition of “other approved recording methods” to allow for potential of future voting via electronic means.

- 9.02 – changed to provisions to allow for a Recorded Vote for all items on CC, CoW and Council agendas.

- 9.02 – change to have the Chair vote last (as per Roberts Rules of Order).

Location of Meetings - 4.01 – addition of location of Special Council Meetings to be held in alternate locations other

than Council Chambers (eg. Classroom). - 4.01 – clarification that meetings are to be held at Townhall or in the absence of available

meeting space can be held at alternate locations. Closed Meetings

- 4.18 – addition of new provisions as per the Municipal Act to go in camera ((FOI and Ombudsman).

Question Period

- 5.01 – added a comment period at Council meetings to the beginning of the agenda. - 6.14 – revisions and additional provisions added to allow for the comment period at the

beginning of Council meetings.

Deputations - 6.05 – clarification on the coordination of requests for deputations.

3

- 6.05 – requirement for all deputation/presentation/public meeting material to be included on agendas (accountability and transparency).

- 6.05 (2) – change to the number of deputation/presentation/public meeting permitted on each agenda based on type of meeting (CC, CoW or Council).

- 6.05 (4) – change to providing deputation/presentation/public meeting on Wednesdays to reflect new agenda distribution date of Thursdays).

Conduct

- 11.01 – reference added to the Code of Conduct for Council and Staff. - 11.02 – reference to complaints to be filled with the Integrity Commissioner.

CONCLUSION The proposed amendments to the Procedural By-law that governs the Proceedings of Council Meetings and the meetings of its Appointed Committees will allow for administrative changes and amendments to the By-law to address:

- Providing for recorded votes on all matters - Addition of a comment period at the beginning of all Regular Council meetings - Inclusion of new provisions for closed session meetings as provided for in the Municipal Act - Reference to the Town’s Code of Conduct - Revisions to the number of Deputations/Public Meetings/Presentations at various meetings.

Respectfully Submitted, Holly Bryce Town Clerk/Manager of Corporate and Strategic Initiatives With comments from the CAO Attachment

THE CORPORATION OF THE TOWN OF WASAGA BEACH

BY-LAW NO. 2016-

A BY-LAW TO GOVERN THE PROCEEDINGS OF MEETINGS OF TOWN COUNCIL AND ITS APPOINTED COMMITTEES

By-Law No. 2016-____ Page 2 of 54

A BY-LAW TO GOVERN THE CALLING, PLACE AND PROCEEDINGS OF MEETINGS OF COUNCIL AND ITS APPOINTED COMMITTEES

ARTICLE DETAILS PAGE NO. 1.0 Short Title 6 1.01 Citation 6 2.0 Definitions, Applications & Interpretation 6 2.01 Definitions 6 2.02 Application 10 2.03 Interpretation Rules 10 2.04 Proper Address for Members 11 2.05 Parliamentary Authority 11 2.06 Copy of By-Law to Members 11 2.07 Absence of Members 11 3.0 Duties & Roles 11 3.01 Role of Council 11 3.02 Duties of the Mayor 12 3.03 Duties of Councillors 12 3.04 Duties, Authority and Power of the Chair 12 3.05 Mayor/Chair May Speak or Vote 13 3.06 Chair - Absence 13 3.07 Duties of Clerk 13 3.08 Duties of Administration - Staff 14 4.0 Meetings 14 4.01 Location of Meetings 14 4.02 Chair of Meeting 15 4.03 Holidays 15 4.04 Postponement of Regular Meetings 15 4.05 Public Notice of Meetings 15 4.06 Quorum 16 4.07 Meetings Open to the Public 16 4.08 Inaugural Meetings of Council 16 4.09 Regular Meetings of Council 17 4.10 Special Meetings 17 4.11 Committee of the Whole 17 4.12 Coordinated Committee of Council 18 4.13 Advisory Committees of Council 18 4.14 Reconvened Meetings 19 4.15 Special Purpose (Ad Hoc) Committee 20 4.16 Town Hall Meetings (Public Forum, Public Information Session,

Public Consultation Session) 20

4.17 Non-Business Meetings of Council (Orientation) 21 4.18 Closed Meetings 21

By-Law No. 2016-____ Page 3 of 54

ARTICLE DETAILS PAGE NO. 5.0 Order of Business 24 5.01 Council Agenda 24 5.02 Committee of the Whole Agenda 24 5.03 Coordinated Committee of Council Agenda 25 5.04 Non Business Meetings of Committee of the Whole of Council 26 5.05 Advisory Committees of Council Agenda 26 6.0 Rules for Agenda Items 27 6.01 Submission of Agenda Information 27 6.02 Order on the Agenda 27 6.03 Disclosure of Interest 27 6.04 Adoption of Minutes 28 6.05 Deputations, Presentations, Petitions & Public Meetings 28 6.06 Unfinished Business 33 6.07 Correspondence 33 6.08 Committees, Boards, and Staff Reports 33 6.09 Notices of Motion 35 6.10 Motion Where Notice Has Been Given 35 6.11 By-Laws and Confirmatory By-Law 36 6.12 Calling of Committee Meetings 37 6.13 Question Period 38 6.14 Adjournment 38 6.15 Curfew – Motion to Continue 38 7.0 Motions 38 7.01 Rules of Motions 38 7.02 Motions Without Notice 38 7.03 Coordinated Committee and Committee of the Whole Motions 39 7.04 Dividing a Question 39 7.05 Withdrawal of Motion 39 7.06 Motion Under Debate 40 7.07 Rules for Subsequent Motions 40 7.08 Motion to Suspend the Rules 43 7.09 Jurisdiction 43 7.10 Submission of Motions 43 7.11 Receipt of Motions 44 7.12 Order of Precedence of Motions 44 7.13 Debatable Motions 44 7.14 Non-Debatable Motions 44 8.0 Debate 45 8.01 Rules of Debate 45 8.02 Reopening an item for further Debate 46

By-Law No. 2016-____ Page 4 of 54

ARTICLE DETAILS PAGE NO. 9.0 Voting 46 9.01 Rules for Voting 46 9.02 Recorded Votes 47 10.0 Revisiting Prior Decisions 47 10.01 Revote 47 10.02 Reconsideration, Rescind or Amend Prior Decisions of Council 47 11.0 Conduct 49 11.1 Rules of Conduct 49 11.2 Failure to Obey the Rules of Conduct 51 11.3 Point of Order, Point of Privilege 51 12.0 By-Law Repealed 52 12.01 Previous By-Laws Repealed 52 13.0 Effective Date 52

By-Law No. 2016-____ Page 5 of 54

THE CORPORATION OF THE TOWN OF WASAGA BEACH

BY-LAW NO. 2016-

A BY-LAW TO GOVERN THE PROCEEDINGS OF MEETINGS OF TOWN COUNCIL AND ITS APPOINTED COMMITTEES

WHEREAS pursuant to section 9 of the Municipal Act, 2001 S.O. 2001, chapter 25 a municipality has the capacity, rights, powers and privileges of a natural person for the purpose of exercising its authority under this or any other Act;

AND WHEREAS pursuant to section 8. (1) of the Municipal Act, 2001 S.O. 2001, chapter 25 the powers of a municipality under this or any other Act shall be interpreted broadly so as to confer broad authority on the municipality to enable the municipality to govern its affairs as it considers appropriate to enhance the municipality’s ability to respond to municipal issues;

AND WHEREAS, the Municipal Act, S.O. 2001, as amended, authorizes the Council of every municipality to pass by-laws for governing the proceedings of its Council, the conduct of its members and the calling of meetings;

AND WHEREAS Section 238 of the Municipal Act, S.O. 2001, as amended, states that “every council and local board shall pass a procedure by-law for governing the calling, place and proceedings of meetings”;

AND WHEREAS, By-Law 2015-99, a by-law to govern the proceedings of Meetings of Town Council and its appointed committees, was adopted December 22, 2015;

AND WHEREAS Council deems it expedient and necessary to repeal By-Law 2015-99 to make administrative changes and amendments to the By-law, including, but not limited to: providing for recorded votes on all matters, addition of a question period at the beginning of all Regular Council meetings, inclusion of new provisions for closed session meetings as provided for in the Municipal Act, reference to the Town’s Code of Conduct and failure to obey rules of conduct, amendments to the location of Committee of the Whole and time of Coordinated Committee;

AND WHEREAS the Council shall follow the regulations as set out within the Municipal Conflict of Interest Act; and the parliamentary authority of “Robert’s Rules of Order”;

AND WHEREAS notice was provided in accordance with the provisions of Town’s Notice Requirements under By-law 2014-23 for the proposed amendments to By-law 2015-99, a by-law to govern the proceedings of Meetings of Town Council and its appointed committees;

NOW THEREFORE, the Council of the Corporation of the Town of Wasaga Beach HEREBY ENACTS as follows:

By-Law No. 2016-____ Page 6 of 54

ARTICLE 1.0

SHORT TITLE

1.01 Citation

This by-law may be referred to as the “Procedural By-Law”.

ARTICLE 2.0

DEFINITIONS, APPLICATION AND INTERPRETATION

2.01 Definitions

Accessible means as defined in Provincial legislation.

Act means the Municipal Act, 2001, as amended from time to time;

Ad Hoc Committee means a committee appointed by Council from time to time to act on a temporary or singular issue and shall be discontinued by Council resolution when their recommendations upon the specified initiative or matter have been provided and further recommendations are no longer required.

Advisory Committee means a committee appointed by Council, or established by Provincial statute, to act in an advisory capacity to Council on operational and strategic issues during the full term of Council.

Amend means to alter or vary the terms of the main motion without materially changing its purpose.

Amendment means a motion proposing a change in wording or substance of a Motion before Committee or Council or a prior decision of Council.

Board means governing bodies of Municipal services established in accordance with Ontario law.

By-Law means a by-law, including its recitals and schedules which form integral parts of it, prepared or passed for the purposes of giving general effect to a previous decision or proceedings of the Council.

CAO means the Chief Administrative Officer of The Corporation of the Town of Wasaga Beach; a set out in the Municipal Act and as appointed by By-Law.

Chair means the Mayor or Acting Mayor or Chair elected or appointed to preside over a Council, Committee or other type of meeting.

Clerk means the Clerk of The Corporation of the Town of Wasaga Beach; as set out in the Municipal Act, 2001, and as appointed by By-Law. The Clerk has the authority to delegate its powers and duties; however, can continue to exercise those delegated duties. This may mean the Deputy Clerk, or a person appointed to perform the duties of the Clerk.

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Closed Session means a meeting, or portion of a meeting, closed to the general public as provided for in the By-Law and in accordance with the Act.

Co-Chair means the member of a Committee as appointed by the Committee to act as the Chair in absence of the Chair, or when the Chair steps down to act as a member.

Committee means any advisory committee, ad hoc committee, Coordinated Committee, Committee of the Whole or other committee, subcommittee, board, or similar entity, governed by Council.

Committee of the Whole means all the members present sitting in Committee of the Whole of Council to discuss and make recommendations to Council on general municipal matters.

Communication Device includes a cellular phone, pager, smart phone, computer with a link to the internet, or any other similar piece of technologic equipment used for communication purposes.

Confirming By-Law means a by-law passed prior to adjournment of every meeting of Council to confirm the Resolutions and actions of Council taken at that meeting.

Consent Agenda means all items listed within a portion of an agenda for each section will be approved by one resolution. There is no separate discussion of these items unless a Council Member requests it, in which case the item will be removed from the consent resolution and considered immediately following adoption of the remaining consent agenda items. Coordinated Committee means the Coordinated Committee of the Council of the Town of Wasaga Beach comprised of the sections of Community Services, General Government, Public Works and Development Services or such other section as may be established by Council from time to time. Corporation means The Corporation of the Town of Wasaga Beach.

Council means the Council of the Corporation of the Town of Wasaga Beach.

Council Public Open House means a forum for open dialogue between residents, Council Members and Senior Staff to share ideas, information and suggestions in an informal atmosphere. A Council Public Open House is not a meeting of Council or a statutory requirement of Council; it is offered as an added opportunity for the public to be engaged in their community.

Debate means regulated discussion, and speaking in advocacy of a position on an issue.

Defer means to remove a main Motion from consideration of Town Council or a Committee until such time as provided for in the deferral Motion.

Deputant means any person who addresses Council or Committee in the context of a Deputation.

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Deputation means a formal address to Council or a Committee by one or more persons who are not members of Council or Town staff.

Deputy Clerk means Deputy Clerk of The Corporation of the Town of Wasaga Beach; as set out in the Municipal Act, 2001, and as appointed by By-Law. The Deputy Clerk has all the powers and duties of the Clerk.

Hearing means a meeting hosted by staff, Committee or Council to seek public input as required under legislation.

Holiday means a holiday as defined by the Retail Business Holidays Act.

Inaugural Meeting means the first meeting of a new Council after a municipal election where the declaration of office is made.

Local Newspaper means The Sun Newspaper.

Majority means 50 percent plus 1 of the total Members present and not prohibited by statute from voting, in order for the business to be conducted.

Mayor means the elected Head of Council, or in the absence of the Mayor, the Deputy Mayor, or in the absence of both, another Member appointed in accordance with Ontario law and this By-Law.

Meeting means a meeting called in accordance with this By-Law.

Member means a person elected or appointed as a member of the Town Council, including the Mayor, or of a Committee or Board.

Municipality means The Corporation of the Town of Wasaga Beach.

Motion means a formal proposal that certain actions be taken.

Non-Business Meeting means a meeting of Committee of the Whole at which no Motions are permitted or considered (except Closed Session for the purpose of orientation/training) and no recommendations are passed.

Notice means an announcement which advises of the time and place of a meeting.

Notice of Motion means an advance notice provided by a Member of Council of a Motion he or she will bring to the floor of a future meeting for debate.

Petition is a request, signed by numerous individuals, to undertake some action, addressed to Council or the Clerk. Point of Order means a statement made by a Member during a meeting drawing to the attention of the Chair a matter that a Member considers to be a departure from or contravention of these rules, an alleged breach of the Rules of Procedures or generally accepted practices of Council.

Point of Privilege means the raising of a question which concerns a Member or the Council collectively, when a Member believes that his or her rights or, the integrity of Council, have been impugned.

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Power means the legal authority of the Corporation.

Presentation means a ceremonial presentation to or from the Town of Wasaga Beach; or an address from Town staff or consultants on behalf of the Town.

Presenter means any person who addresses Council or Committee in the context of a Presentation.

Public Consultation Meeting means a meeting hosted by staff, committee or Council in order to receive input from the public regarding a specific matter.

Public Information Meeting means a meeting hosted by staff, committee or Council in order to inform the members of the public about a matter.

Question Period means the point in time during a Council meeting that members of the public may attend to address members with a concern, comments or a question of an item on the Agenda.

Quorum means 50 percent plus 1 of the total Members of the assembly and not prohibited by statute from voting, in order for the business to be conducted.

Reconsider means to re-open debate on a prior decision of Council only, as if the decision had never been made, in strict accordance with the requirements of this By-Law. Reconsideration has a corresponding meaning.

Recorded Vote means the making of a written record of the name and the vote of each member who votes on a question. The Clerk will call this vote orally or through other approved recording methods and will record this vote in the minutes.

Refer means to remove a main Motion from consideration by directing the matter to a Committee or Staff until more information is provided at a time provided for in the referral Motion.

Rescind means to reverse or cancel a prior decision of Council only, in strict accordance with the requirements of this By-Law. Rescission has a corresponding meaning.

Resolution means to make a decision on a form of action agreed to by a vote.

Revote means to subsequently vote again on a question which has been voted upon at any prior time within the same meeting.

Revisit means to Reconsider, Amend, Rescind or Revote on a prior decision.

Rules of Procedure means the rules and regulations provided in this By-Law, and where this By-Law is silent, the rules and regulations provided in Robert’s Rules of Order.

Special Meeting means a meeting of Council or Committee that is arranged outside of the normal meeting schedule to deal with only specific item(s) of business.

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Special Purpose Committee means a Committee of Council that investigates reports and recommends on a particular subject or area. Also referred to as an Ad Hoc Committee.

Staff means the body of persons employed by the Corporation or contracted by the Corporation for the delivery of municipal programs and services, and the implementation of the direction of Council.

Town means The Corporation of the Town of Wasaga Beach.

Town Hall Meeting means a public meeting of Council that provides members of the public an opportunity to offer comment and receive information on any matter.

2.02 Application

a) The Rules of Procedure must be observed in the proceedings of all meetings of the Council and Committees and shall be the rules and regulations for the handling of business, unless specifically provided for otherwise.

b) The rules and regulations contained in this By-Law may be suspended by a two-thirds (2/3) vote of the members present and voting at a Council meeting may agree to suspend a rule for the purposes of that meeting, and shall not be debatable or amendable.

c) No amendment or repeal of this By-Law or any part thereof shall be considered at any Meeting of Council unless notice of proposed amendment or repeal has been given at a previous Regular Meeting of Council, and the waiving of this notice by Council is prohibited.

d) Despite the provisions of this By-Law, nothing in this By-Law shall be construed

as giving authority to any Committee, Councillor, be it he/she is Chair of a Committee or not, to direct or interfere with the performance of any work for the Town and the staff in charge shall be subject only to his or her superior Officer as established in the formal organizational structure of the Town.

e) This By-Law does not apply to the Public Library Board.

2.03 Interpretation Rules

a) Calculation: The calculation of 2/3’s vote shall be rounded upwards to the next highest whole number.

b) Number/Gender: This By-Law is to be read with all changes of gender or number required by the context.

c) Sections/Headings: The captions, article and section names and numbers appearing in this By-law are for convenience of reference only and have no effect on its interpretation.

d) “Includes”: The words “include”, “includes”, “including” and “included” are not to be interpreted as restricting or modifying the words or phrases which precede them.

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e) Legislative References: Each reference to Provincial legislation in this By-Law is printed in Italic font. Where the reference does not include a year, it is a reference to the Revised Statutes of Ontario, 1990 edition. Where the name of the statute includes a year, the reference is to the Statutes of Ontario for that year. In every case, reference to a Provincial Statute includes all applicable amendments to the legislation, including successor legislation.

f) Severability: If any article, section, subsection, paragraph, clause or subclause or any of the words contained in this By-Law is held wholly or partially illegal, invalid or unenforceable by any court or tribunal of competent jurisdiction, the remainder of this By-Law shall not be affected by the judicial holding, but shall remain in full force and effect.

g) Administration: The Clerk shall be responsible to interpret and administer the Rules of Procedure of the By-Law.

2.04 Proper Address for Members

The Mayor shall be addressed as “Mayor (surname inserted)”, or alternatively, “Your Worship”. The Deputy Mayor is addressed as “Deputy Mayor (surname inserted)”. All other Members are to be addressed as “Councillor (surname inserted)”.

2.05 Parliamentary Authority

The governing legislation, the Procedural By-Law, or any special rules of order adopted by Council shall govern the procedures of Council and its Council appointed Committees. Where inconsistencies exist, or no rule exists, the current edition of “Robert’s Rules of Order” will be the parliamentary authority which governs the proceedings of the Corporation of the Town of Wasaga Beach, where applicable in all circumstances not covered by this By-Law.

2.06 Copy of By-Law to Members

a) Following a regular or new/by-election, the Clerk shall provide each member of Council and Committees with a copy of this By-Law, including any amendments thereto.

2.07 Absence of Members

No member shall be absent from the Meetings of the Council or appointed Committees for three successive meetings without being authorized to do so by a resolution of the Council or Committee entered upon the minutes.

ARTICLE 3.0

DUTIES & ROLES

3.01 Role of Council: It is the role of Council:

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a) to represent the public and to consider the well-being and interest of the municipality;

b) to evaluate the policies and programs of the municipality; c) to determine which services the municipality provides; d) to ensure that administrative policies, practices and procedures, and controllership

policies, practices and procedures, are in place to implement the decisions of Council;

e) to ensure the accountability and transparency of the operations of the municipality; f) to maintain the financial integrity of the municipality; g) to direct staff, by majority vote, to perform such duties as is necessary to provide for

the efficient management of the affairs of the municipality; h) to direct staff, by majority vote, to research such matters as the Council deems

necessary; and i) to carry out the duties of Council under the Municipal Act, 2001 or any other Act. 3.02 Duties of the Head of Council (Mayor): It is the duty of the Mayor to: a) Carry out the responsibilities described in the Municipal Act, 2001; b) Represent and support the Council and its decisions in all matters; c) To authenticate, by signature, all by-laws, and minutes of Council; and d) To act as the Chair for Meetings of Council and Committee of the Whole. 3.03 Duties of members of Council: It is the duty of each member of Council to: a) Come prepared to every meeting by having read all the material supplied, to

facilitate discussion and the determination of action at the meeting; b) Deliberate on the business submitted to Council; c) Vote when a Motion is put to a vote; and d) Respect the Rules of Procedure. 3.04 Duties, Authority and Power of the Chair: It is the duty of each Member assuming the role of Chair of any Meeting of Council, Committees or Section of Coordinated Committee to: a) Call the meeting to order as soon as the time fixed for holding the meeting occurs

and a quorum is present; b) To announce the business before Council, the Committee or Section of Coordinated

Committee, in the order in which it is to be acted upon; c) Receive and submit, in the proper manner, all Motions from Members which are duly

moved, and to announce the result; d) Recognize any Member who wishes to speak and determines the order of speakers; e) Control limits of speaking for each member; f) Put to a vote, and to vote on, all motions, after debate, and to announce the result; g) Enforce the Rules of Procedure; h) To receive all messages and other communications addressed to Council, the

Committee or Section of Coordinated Committee and announce them to Members present;

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i) To authenticate, by his or her signature when necessary, all By-Laws, Resolutions and Minutes;

j) Maintain conduct, order and decorum of the Members and the public; k) Call by name any Member persisting in a breach of the Rules of Procedure and

order the Member to leave the Meeting, including an order to leave the room within which the Meeting is being held;

l) Rule on any Points of Order and Points of Privilege raised by Members; m) To restrain Members, within the Rules of Order, when engaged in debate; n) To enforce on all occasions the observance of order and decorum among the

Members and members of the public that are addressing Council, the Committee or Section of Coordinated Committee;

o) Where it is not possible to maintain order, adjourn the Meeting without the necessity of any Motion being put, to a time named by the Chair;

p) Expel any person for improper conduct at a meeting; q) To represent and support Council and/or Committee and/or Section of Coordinated

Committee, declaring its will, and implicitly obeying its decisions in all things; and, r) To call for the adjournment of the Meeting when the business is concluded. 3.05 Mayor/Chair May Speak or Vote a) The Mayor or Chair may speak and/or vote on any question, but if they wish to make

a motion they shall first leave the Chair by designating the Deputy Mayor/Chair, and if the Deputy Mayor/Chair is absent, by designating another Member to act in their stead until they resume the Chair.

3.06 Chair – Absence a) In the event of the Mayor’s/Chair’s absence, illness, or refusal to act as Mayor/Chair,

the Deputy Mayor/Vice Chair shall Chair the meeting; b) In the absence of the Mayor/Chair and the Deputy Mayor/Vice Chair, at the outset of

a meeting, the Clerk/Committee Secretary shall call the meeting to order 15 minutes after the time fixed for the meeting and asks members in attendance to elect a member to Chair the meeting. The elected member Chairs the meeting until the Mayor/Chair or Deputy Mayor/Vice Chair arrives or the meeting is adjourned;

c) The Acting Chair shall have all the rights, powers and authority of the Mayor/Chair, while so doing.

3.07 Duties of the Clerk: It is the duty of the Clerk to:

a) Carry out the responsibilities described in the Municipal Act, 2001; b) Record, without note or comment, all resolutions, decisions and other proceedings of

the Council; c) If required by any member present at a vote, to record the name and vote of every

member voting on any matter or question; d) Prepare and distribute agendas and motions for all Meetings; e) Keep the originals or copies of all by-laws and of all minutes, consecutively

numbered of the proceedings of the Council; f) Perform the other duties required under this By-Law or under any other Act;

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g) Provide guidance to the Chair on procedural matters; h) Secretariat of Council’s appointed Committees of all Meetings but may delegate, in

writing, and assign the duties as Secretary of any Committee as necessary; i) To authenticate, by his or her signature when necessary, all By-Laws and Minutes

3.08 Duties of the Administration–Staff: It is the role of the staff of the municipality, under the leadership of the Chief Administrative Officer: a) To implement Council’s decisions and establish administrative practices and

procedures to carry out Council’s decisions; b) To undertake research and provide advice to Council on the policies and programs

of the municipality; and c) To carry out other duties required under this or any Act.

ARTICLE 4.0

MEETINGS 4.01 Location of Meetings a) All Regular Meetings of Town Council including the Inaugural Meeting shall take

place in the Council Chambers at Town Hall, 30 Lewis Street, Wasaga Beach, unless otherwise provided by resolution of Council. Special Meetings of Town Council may take place in a location other than Council Chambers subject to approval by Council.

b) In the event of an Emergency declared by the Mayor or any other Lead Agency as

identified by the Emergency Management Act within the confines of a declared emergency, where Town Hall is not accessible, the Council shall be asked to meet at an identified location accessible by Members of Council.

c) A joint meeting with the Council of another Municipality for the consideration of

matters of common interest may be held within either Municipality or in an adjacent Municipality, upon resolution of Council.

d) In the case of an emergency or special occasion as determined by the Clerk,

Council may hold its meetings and keep its public offices at any convenient location within or outside the Municipality, upon resolution of Council.

e) All Coordinated Committee and Committee of the Whole Meetings shall be held in

the Classroom at Town Hall, 30 Lewis Street, Wasaga Beach, or other appointed Committee Room, as determined by the Chair of such Committee, unless otherwise provided by resolution of the Committee.

e)f) In the absence of available or suitable meeting space at Townhall, Aall Meetings

of special purpose including Non-Business meetings, Advisory Committees, Public Information Meetings, Public Consultation Meetings, Public Forum, Ad Hoc

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Meetings, Steering Committees, established under this By-Law or otherwise by Resolution of Council, shall take place at facilities that: (1) Are accessible to the general public; (2) Serve the specific needs of each Committee; and (3) Are specified in the Notices issued for them.

4.02 Chair of Meeting a) Each meeting of Town Council and Committee of the Whole shall be chaired by the

Mayor. In the absence of the Mayor, the Deputy Mayor shall Chair the session. In the absence of both the Mayor and Deputy Mayor, Members present shall elect from amongst themselves a Chair for the meeting.

b) Each meeting of Advisory Committees of Council, Ad-Hoc, Steering Committees,

shall be chaired by the member appointed as Chair, according to the process defined in the Terms of Reference of each Committee.

c) Each Public Information Sessions, Public Consultation Sessions or Town Hall

Meetings shall be chaired by the Mayor. In the absence of the Mayor, the Deputy Mayor shall Chair the session. In the absence of both the Mayor and Deputy Mayor, Members present shall elect from amongst themselves a Chair for the meeting.

4.03 Holidays When the day for a Regular Meeting of Council or Committee of Council is a public or Civic Holiday, the Council or the Committee shall meet at the same hour on the following day which is not a Public or civic holiday, unless otherwise provided by resolution of the Council or Committee. 4.04 Postponement of Regular Meetings

a) Any Regular Meeting of Council or Committee may be postponed to a day named as

follows:

(1) In a notice given through the Clerk’s Office by the Chair or person acting in the place of the Chair on forty-eight (48) hours’ notice in advance of the Regular Meeting, or

(2) In a By-Law or Resolution of Council/Committee passed by a majority vote.

b) The postponed meeting shall be held at the same time and at the same place as

the meeting so postponed.

4.05 Public Notice of Meetings a) Notice of the date and time of all regular meetings of the Council, Committee of

the Whole, and Coordinated Committee shall be advertised in the local newspaper and posted on the Town website. Non Business and Special

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Meetings shall be posted on the Town website no less than 48 hours prior to the meeting.

b) b) Notice of all Meetings of Council, Committee of the Whole, Coordinated

Committee, Non Business meetings and other Committees and meetings of Council shall be given to the public in accordance with the Notice By-Law and any other applicable legislation, and as otherwise provided for in this and other Town By-Laws.

c) Notice of Council, Committee of the Whole, Coordinated Committee, Non-

Business meetings and all other Committees of Council shall include the posting of the Meeting agendas and minutes on the Town website.

4.06 Quorum a) A majority of the total number of members (50% plus 1) is necessary to form a

quorum to assemble a meeting. b) Quorum is required in order for business to be conducted. If Quorum is not

reached following 15 minutes of the Meeting start time, the Clerk shall adjourn the Meeting, recording for the minutes of Meeting, the attendance, start and end times. The Meeting shall stand adjourned until the date of the next Regular Meeting or such earlier date as determined.

c) The required number of members to establish a meeting shall be reduced with

each member that declares a conflict, under the Municipal Conflict of Interest Act, provided that there are at least two members able to vote on the matter.

d) Members of Council must not leave their places without first advising the Chair. e) A member who wishes to leave the meeting and does not intend to return must

advise the Clerk or the Chair before leaving. 4.07 Meetings Open to the Public a) All Meetings of Council and its Committees shall be open to the public except as

provided for in Section 4.18 of this By-Law and in accordance with the Municipal Act, 2001 and any other applicable legislation.

b) All Council Meetings and its Committees open to the public shall be recorded

without note or comment on all resolutions, decisions and other proceedings. 4.08 Inaugural (First) Meetings of Council a) The Inaugural (First) Meeting of the new Council shall be held in the Council

Chambers at 7:00 p.m. on the first Tuesday of December following the Election of a new Council.

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b) The agenda for the Inaugural Meeting of the Council shall consist of only the following items:

(1) The taking of the oath of allegiance and declaration of elected office by each Member and the Inaugural Address of the Mayor;

(2) The appointment of Signing Officers; (3) The appointment of Chairs and Co-Chairs of the sections of Coordinated

Committee, in accordance with this By-Law; (4) The appointments to various boards and committees.

c) In the event the day set should be a public holiday, such Inaugural Meeting shall be

held on the next following day, not a public holiday, at the same hour. d) In the case of inclement weather, the Inaugural Meeting shall be held on the first

suitable day following at the same hour. e) In any case, the Inaugural Meeting of Council shall not take place later than 31 days

after its term commences. f) The Clerk shall Chair the meeting until such time as the Mayor has taken his/her

oath of allegiance and declaration of elected office and assumes the role of Chair. 4.09 Regular Meetings of Council a) Regular meetings of Council will generally take place on the fourth Tuesday of every

month and shall commence at 7:00 p.m. b) Council has the authority to amend the Meeting schedule at any time by resolution of

Council, as required, without an amendment to this by-law. 4.10 Special Meetings a) Special Meetings may be established by:

a. A Motion of the Committee or Council that is meeting.

b. The Mayor may at any time summon a Special Meeting of Council on forty-eight (48) hours’ notice to the Members of Council by giving notice to the Clerk stating the date, time and purpose of the Special Meeting.

c. Polling, at the request of the Chair, the majority of the Members if called

within less than 48 hours of the date and time of the Meeting. The poll is to be conducted by the Clerk or designate, by either verbal or written expression or e-mail of the Members of Council.

d. The Clerk must summon a Special Meeting of Council when a majority of

Councillors present a petition asking for a special meeting for a specific purpose. The meeting must be called for that purpose and at the time noted in the petition but the Clerk must give at least 48 hours’ notice of the meeting to all members of Council.

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e. Special Meetings are only held for the purpose of presenting the business

identified when the Meeting was established and which specified in the notice of the Meeting.

4.11 Committee of the Whole a) Council members may meet as Committee of the Whole to consider policy and

corporate issues not included in the mandate of a section of Coordinated Committee, or any other matter it decides and will function as Budget Committee during the preparation of the annual Operating and Capital Budget and Four and Ten Year Forecasts.

b) The first Committee of the Whole of Council Meeting shall be held within thirty (30)

days of the Inaugural Meeting and thereafter each meeting of the Committee shall be held as required and as called by the Chair or requested by the Chief Administrative Officer.

c) Committee of the Whole meetings generally are scheduled the third Tuesday of

every month and commence at 4:00 p.m. d) Committee of the Whole has the authority to amend its Meeting schedule at any time

by resolution, as required, without an amendment to this by-law. 4.12 Coordinated Committee of Council

a) The Coordinated Committee of Council shall be divided into the following sections:

i. General Government Section is responsible for Administration, Finance, Economic Development and Special Events.

ii. Community Services Section is responsible for Fire and Emergency Services, Parks, Facilities, Recreation, Municipal Law Enforcement & Licensing, Chamber of Commerce, policing, Ministry of Natural Resources.

iii. Development Services Section is responsible planning, building and development matters.

iv. Public Works Section is responsible for public works, environmental and transportation matters.

b) Council shall appoint a Chair and Co-Chair to each Section of Coordinated

Committee for the first two years of the four year term, terminating at the last meeting in December at the end of the two year term; the Chair and Co-Chair positions will be reappointed at that time by Council for the remaining two years of the four-year term - the Chair will become the Co-Chair and the Co-Chair will become the Chair.

c) Meetings, including date and time, of Coordinated Committee of Council shall be as

established by the Clerk in consultation with the CAO who has the authority to reschedule the meetings, in consultation with Council, where necessary, to accommodate corporate operations and meeting schedules.

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c)d) The Coordinated Committee meetings shall be attempted to be held generally in the

second Thursday of the month, starting at 8:30 a.m. Development Services Section will commence at a time as soon as practical after the noon hour.

d)e) Coordinated Committee has the authority to amend its Meeting schedules at any

time by resolution, as required, without an amendment to this by-law. e)f) If Council is required by Legislation to hold a Hearing or give interested parties an

opportunity to be heard before doing any action, passing a By-Law or making a decision, Council may delegate that responsibility to a Committee of Council. Hearings shall be scheduled at the beginning of said section and shall be chaired by the appointed Chair of the section of Coordinated Committee to which the Hearing pertains to.

f)g) If the Committee of Council holds a Hearing or gives interested parties an

opportunity to be heard, Council is not required to do so. g)h) The Committee shall provide its recommendations to Council after which Council

may pass the By-Law or make the decision. h)i) In the case where a matter is urgent and decision or recommendation is required of

Committee, a report regarding subject matter categorized under one session may be brought to another session of Coordinated Committee with permission from the Chair of both sessions and the Clerk.

4.13 Advisory Committees of Council

a) In establishing the Advisory Committee, Council shall identify:

(1) the composition of the Committee which may include both Members of Council and the general public as voting members;

(2) the Mandate of the Committee; (3) the administrative resources to Committees shall be determined by the Chief

Administrative Officer;

b) An Advisory Committee of Council must have a clear mandate and well-defined Terms of Reference approved by Council.

c) Public membership on Advisory Committees of Council will be solicited pursuant to

Town Policy. Following the recommendation of the Mayor, Council shall appoint members of the public to Advisory Committees and Boards at the beginning of each term of Council as per the Committee Terms of References.

d) Any member of Council may attend and participate in meetings of Advisory

Committees, but may not vote, unless appointed by Council. Only members appointed by Council may vote. The Mayor is ex-officio on all Committees.

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e) Meetings of Advisory Committees of Council shall be as established by the Committees, as defined in the approved Terms of Reference; however, additional meetings may be called by the Chair of that Committee.

f) Dates and times of Advisory Committee meetings shall be made public as per

Council policy of notifying the publicthe Town’s Notice By-law. 4.14 Reconvened Meetings In the event that agenda material prepared for regular or special meetings of Town Council, Committee of the Whole, or other Committees of Council, has not been completed prior to the adjournment of the Meeting, all unfinished business will be considered at a reconvened session to be held on the date identified by the Members prior to the adjournment of the Meeting. 4.15 Special Purpose (Ad Hoc/Steering/Task Force) Committees a) Council may establish special purpose (ad hoc/steering/task force) committees for

special projects to consider a specific matter on a required basis, upon the recommendation of Council, Committee of the Whole or staff.

b) A special purpose Committee must have a clear mandate and well-defined terms of

reference. c) Public membership on special purpose committees will be solicited pursuant to

Town policy. d) Any member of Council may attend and participate in meetings of a special purpose

committee, but may not vote, unless appointed by Council. 4.16 Town Hall Meetings (Public Forum, Public Information Session, Public

Consultation Session, Council Public Open House) a) The purpose of a Town Hall meeting is to allow members of the public an

opportunity to provide comment and input to Council as a whole. b) A majority of members of Council may petition the Clerk to hold a Town Hall

meeting. c) The Mayor or Deputy Mayor shall chair the meeting. d) The Chair may ask a staff member to provide information to the public or to answer

a question raised by a member of the public. e) No member of the public may debate with staff or make derogatory comments to

staff.

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f) Each member of the public may speak for up to three (3) minutes and may not speak a second time until after everyone present has had an opportunity to speak, time permitting.

g) At least two weeks’ notice must be provided in the newspaper and on the Town’s

website prior to the Town Hall meeting being held. h) As a general rule, meetings will be scheduled for at least two hours and all

attendees will be given at least one opportunity to speak. i) At the call of the majority of Council members present the meeting may be

adjourned after the time allotted for the meeting has passed or after everyone present has had at least one opportunity to speak.

j) A Town Hall meeting is not a Council or Committee meeting – there are no

discussions regarding any matter in a way that materially advances the business or decision-making of the council, local board or committee.

k) Town Hall meetings are open to the public.

k)l) Council Public Open House is held in accordance with the Town’s Policy 2-13. 4.17 Non Business Meetings of Council

a) Council may, as provided for in the Municipal Act, 2001 establish a Meeting of for the purposes of information or training of Members of Council. b) An Orientation meeting (s) of the Council shall be considered as a non-business meeting to newly elected members of Council, to be scheduled following the Election Day. c) Such meetings may be closed to the public as provided for in this By-Law and the Municipal Act, 2001. d) The orientation shall be for information and training purposes only, at which no member discusses or otherwise deals with any matter in a way that materially advances the business or decision-making of the Council or Committee. e) There will be no motions or recommendations considered (except to move into Closed Session, if required). 4.18 Closed Meetings a) As required in the Municipal Act, 2001, a meeting or part of a meeting of the Council

or its Committees may be closed to the public if the subject matter being considered pertains tois:

The security of the property of the municipality or local board.

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Personal matters about an identifiable individual, including municipal or local board employees.

A proposed or pending acquisition or disposition of land by the municipality or local board.

Labour relations or employee negotiations. Litigation or potential litigation, including matters before administrative tribunals,

affecting the municipality or local board. Advice that is subject to solicitor-client privilege, including communications

necessary for that purpose. A matter in respect of which a council, board, committee or other body may hold

a closed meeting under another Act. A request under the Municipal Freedom of Information and Protection of Privacy

Act, if the council, board, commission or other body is the head of an institution for the purposes of that Act.

An ongoing investigation respecting the municipality, a local board or a municipally-controlled corporation by the Ombudsman appointed under the Ombudsman Act, an Ombudsman referred to in subsection 223.13 (1) of this Act, or the investigator referred to in subsection 239.2 (1)..

b) Public Information - Motion: Prior to holding a meeting or part of a meeting that

is to be closed to the public a Motion is required to be passed to close a Meeting or part of a Meeting to the public. Such as Motion shall state:

(1) the fact of the holding of the Closed Meeting and the date and time of starting; (2) The general nature of the matter to be considered at the Closed Meeting

as specified in the Municipal Act, 2001 c) Location: All closed meeting items are discussed by Council/Committee

immediately preceding or at the end as the last business item of the regular Council/Committee meeting.

(1) Council meetings: The meeting commences in the Council Chambers in

open session, resolves into the “Closed Meeting” and proceeds to the Councillors’ Lounge or another location for the Closed Meeting as specified by the Mayor. Once the closed meeting has ended that the Council moves back into the Council Chambers to report out in a public forum.

(2) Committee meetings: The meeting commences in the Classroom or other

designated meeting location in Open Session, resolves into the “Closed Meeting” in that same location or another location as specified by the Chair.

d) Leave Meeting During Closed Session: Where a Meeting or part of a Meeting

is closed to the public, all persons not specifically invited by the Chair to remain, shall retire from (or not enter) the Meeting room. The Clerk shall remain during Closed Session meetings.

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e) Information Confidential: Members and Staff must keep confidential all matters disclosed to them during closed meetings. All information, documentation or deliberations received, reviewed, or taken in a closed meeting, including the agenda, is confidential and must not be released to the public or any individual not entitled to be present at the meeting.

f) Confidential Material: The Clerk shall distribute all confidential reports and

material for closed meetings in sealed envelopes. All copies of confidential reports and materials are to be returned to the Clerk immediately following the meeting and then destroyed.

g) Material – Member with Pecuniary Interest: Members shall disclose any

interest in a matter being considered at any Meeting in accordance with the provision of conflict of interest legislation currently in effect. If a member of Council or Committee believes or knows that he/she has a potential pecuniary interest, the member must return the envelope, and confidential documents, unopened to the Clerk. The Clerk will note in the official record that the envelope was returned unopened and then destroy the material. If a member of Council or Committee determines that he/she has a pecuniary interest after reading the material that material shall be returned to the Clerk as soon as possible.

h) Limits on voting actions: No voting may take place during a closed meeting

except if the vote is for a procedural matter or for giving direction or instruction to officers, employees or agents of the municipality, or persons retained by or under contract with the municipality. That all directions or instructions given in a closed meeting be by motion, in writing, and voted on.

i) Final decision on item from Closed Meeting: Subject to the provision of the

Municipal Act, 2001, a closed session item that requires a final decision must be done by resolution in open session immediately following. Upon return to the Regular Meeting, the Chair shall rise and report on the subject matter, and at that time, any direction or a vote on the subject, will proceed, if required. In open session, for the public record, that the Chair states the matters which were considered in the closed meeting and confirmation that no motions were carried in a closed meeting other than procedural motions or directions to staff.

j) That the closed meeting agenda include a description of the items to be discussed in Closed Session.

k) That closed meeting minutes be kept and shall record: (1) Where the meeting took place; (2) When the meeting started and adjourned; (3) Who chaired the meeting; (4) Who was in attendance, including the identity of the Clerk or other

designated official responsible for recording the meeting; (5) Whether any participants left or arrived while the meeting was in progress

and if so, at what time this occurred;

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(6) A detailed description of the substantive and procedural matters discussed, including specific reference to any documents considered and any comments that are specifically requested be recorded;

(7) Any motions, including who introduced the motion and seconders; and (8) All votes taken and all directions given.

l) That the closed meeting minutes be circulated to members of Council for the Agenda of the next regular Closed Session meeting of Council to be considered for adoption as a procedural matter.

m) That closed meeting minutes be managed by the Clerk’s Office.

ARTICLE 5.0 ORDER OF BUSINESS 5.01 Council Agenda a) The Clerk shall have prepared and printed for the use of the Members at the

regular Meeting of Council, an Agenda under the following headings:

1. Call to Order 2. Disclosure of Pecuniary Interest 3. Adoption of Council Minutes 4. Deputations, Presentations, Petitions and Public Meetings 5. Comment Period 6. Unfinished Business 7. Correspondence - Received for Information - Requiring Action - To be Referred 8. Committees, Boards & Staff Reports 9. Notices of Motion 10. Motion Where Notice Has Been Given 11. By-Laws and Confirmatory By-Law 12. Calling of Committee Meetings 12. Question Period 13. Closed Session (as required) 14. Reports from Closed Session (as required) 15. Adjournment

5.02 Committee of the Whole Agenda a) The Clerk shall have prepared and printed for the use of the Members at the

Committee of the Whole meetings, an Agenda under the following headings:

1. Call to Order 2. Disclosure of Pecuniary Interest

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3. Deputations, Petitions, Presentations and Public Meetings 4. Unfinished Business 5. New Business 6. Items for Future Meetings 7. Closed Session (as required) 8. Reports from Closed Session (as required) 9. Adjournment

5.03 Coordinated Committee of Council Agenda a) The Clerk shall have prepared and printed for the use of the Members at the

Coordinated Committee of Council meetings, an Agenda under the following headings:

1. Call to Order 2. Disclosure of Pecuniary Interest 4. Community Services Section

a) Deputations, Petitions, Presentations and Public Meetings b) Unfinished Business c) Other Agency Reports

d) Consent Agenda i) Departmental Staff Reports

- Fire and Emergency Department - Municipal Law Enforcement and Licensing - Parks, Facilities and Recreation e) Accounts f) Other Matters

5. Public Works Section

a) Deputations, Petitions, Presentations and Public Meetings b) Unfinished Business c) Other Agency Reports


- Public Works - Transportation

- Engineering - Environmental e) Accounts f) Other Matters

5. Development Services Section a) Deputations, Petitions, Presentations and Public Meetings b) Unfinished Business c) Other Agency Reports

d) Consent Agenda i) Departmental Staff Reports ii) Official Plan Amendments

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iii) Zoning Amendments iv) Subdivision/Condominium Matters v) Site Plan Matters vi) Building Department Matters

e) Accounts f) Other Matters

6. General Government Section a) Deputations, Petitions, Presentations and Public Meetings b) Unfinished Business c) Other Agency Reports


- Economic Development and Tourism - Special Events - Administration - Finance

e) Accounts f) Other Matters g) Date of Next Meeting

7. Closed Session (as required) 8. Reports from Closed Session (as required) 9. Adjournment

5.04 Non Business Meetings of Committee of the Whole of Council a) The Clerk shall have prepared and printed for the use of the Members at the

Non-Business meetings, an Agenda under the following headings:

1. Call to Order 2. Disclosure of Pecuniary Interest 3. New Business 4. Adjournment

5.05 Advisory Committees of Council Agenda a) The Committee Secretary shall have prepared and printed for the use of the

Members at Advisory Committee meetings, an Agenda under the following headings:

1. Call to Order 2. Disclosure of Pecuniary Interest 4. Minutes of Last Meeting 5. Deputations/Presentations 6. Unfinished Business 7. Sub-Committee Reports, if any 8. New Business 9. Items for Future Meetings

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10. Date of Next Meeting 11. Closed Session (as required) 12. Reports from Closed Session (as required) 13. Adjournment

ARTICLE 6.0 RULES FOR AGENDA ITEMS 6.01 Submission of Agenda Information a) All information to be included on Agendas shall be delivered to the Clerk’s Office, or

designated Committee Secretary, prior to the finalization of the Agenda for the scheduled Meeting.

b) It shall be the Clerk’s responsibility to ensure Council, Committee of the Whole and

Coordinated Committee agendas are distributed to members of Council and/or Committees and Operating Departments, prior to the scheduled Meeting with adequate time to review.

c) Agendas for Meetings of Council, Committee of the Whole, Coordinated Committee,

Non Business meetings and other Committees and meetings of Council shall be shall be distributed to the public and posted on the Town’s website no later than 9:00 a.m. Monday preceding the scheduled Meeting.

6.02 Order on the Agenda The business of Council or Committees, shall in all cases, be dealt with and be taken up in the order in which it stands upon the agenda unless otherwise decided by a majority of those Members present. 6.03 Disclosure of Interest a) Member Responsibility: All Members shall govern themselves at any meeting in

accordance with the current legislation respecting any disclosure of pecuniary interest. It is the responsibility of the Member to identify and disclose any pecuniary interest.

b) Disclosing - No Influencing: The Member shall disclose the interest including

the general nature thereof, prior to any consideration of the matter and shall not move or second any motion put forward for discussion, take part in the discussion of, or vote on any question in respect of the matter and shall not attempt in any way whether before, during or after the meeting to influence the voting on any such question.

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c) Member – Leave Meeting – Closed Session: Where the meeting is not open to the public, the Member having disclosed an interest shall immediately leave the Meeting or the part of the meeting during which the matter is under consideration

d) Member – Absent from Meeting: Where a Member is absent from a meeting

which includes a matter on which they have a pecuniary interest, the Member shall disclose this interest at the next meeting they attend.

e) Declaration – Recorded in Minutes – Meeting Open to Public: The

declaration of interest shall be recorded in the Minutes or report of the meeting and, where the meeting was open to the public, the general nature of such declaration.

f) Declaration – Recorded in Minutes – Meeting Closed to Public: Disclosures

of interest, but not the general nature of that interest, shall, where the meeting is not open to the public, be recorded in the minutes of the next Meeting that is open to the public.

6.04 Adoption of Minutes a) Minutes shall record:

(1) the place, date and time of Meeting; (2) the name of the Chair/Mayor and of the Members, parties to Statutory Public

Meetings, Delegations, presentation/award recipients, Committee presentations, and staff, and shall indicate if “interested public” or “interested staff” are in attendance.

(3) the correction, if any, and adoption of the Minutes of prior meetings; (4) all motions, resolutions, decisions and other statutory proceedings of the

Council or Committee without note or comment (5) all resolutions convened in closed session and requiring ratification in open

session, with a separate vote on each item in open session b) It shall be the duty of the Clerk to ensure that the Minutes of the last Regular

Meeting of Council and all subsequent Special Meetings of Council, held more than three days prior to a Regular Meeting are made available to each Member not less than forty-eight (48) hours before the hour appointed for holding the following Regular Meeting.

c) The Minutes of Regular and Special Meetings of Council shall be considered and

adopted by Council resolution. d) The Minutes of Special Purpose Committees and Advisory Committees shall

include the minutes of the previous meeting to be considered, received and accepted by resolution of the Committee.

e) Coordinated Committee of Council and Committee of the Whole Reports minutes

shall be included on the next Regular Meeting of Council for adoption of recommendations contained therein.

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6.05 Deputations, Presentations, Petitions & Public Meetings a) All requests must be made in writing to the Clerk’s Office, or designated

Committee SecretaryClerk prior to the finalization of the Agenda and prior to the scheduled Meeting. the Clerk shall be advised as to the topic to be discussed.

b. Every communication, including a petition designed to be presented to Council,

shall be legibly written or printed and shall not contain any obscene or improper matter or language and shall be signed by at least one person and filed with the Clerk. Illegible, improper or unsigned communications may be withheld by the Clerk.

b.c. All material pertaining to the deputation/presentation/public meeting including, but

not limited to PowerPoint presentations, brochures, correspondence etc. shall be provided to the Clerk’s Office, or designated Committee Secretary prior to the finalization of the Agenda and prior to the scheduled Meeting.

1) Deputations a. The Clerk shall be empowered to refer requests made of Council for a deputation to

the appropriate Committees of Council or to a Council meeting as he/she deems necessary.

b. The request for a deputation must be in writing and must describe the subject matter

on which the person wishes to address the Council/Committee.

(1) Denial of Deputation Requests: The Clerk shall deny a request for a Deputation where:

a. The subject matter that the person wishes to address or the outcome that

the person seeks from the Council/Committee is not within the Town’s authority;

b. The person wishes to address the Council/Committee to request financial support for a purpose which falls within the criteria of the Town’s established financial assistance policy, unless requested by Council to appear;

c. The subject matter involves litigation or potential litigation with the Town;

d. The subject matter has already been presented within the previous twelve

(12) months to the Council/Committee by the Deputant or an organization to which they belong, unless new information is being presented;

e. The Deputant wishes to have a prior decision of Council reconsidered;

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f. The Council or Committee has made the decision and/or a recommendation of the Mayor and/or CAO to deny the request;

g. The Deputant wishes to address a matter which was the subject of the

Town Council (Public Meeting) under the Planning Act.

(2) Scheduling Deputations:

a. Wherever possible, the Deputation shall be scheduled for the appropriate session of Council or Committee, considering the subject matter of the Deputation.

b. Where the person requesting the Deputation is unable to attend on that

date, or where the matter involves other time constraints, the Deputation shall be scheduled on a date that is most convenient.

c. A maximum of three (3) deputations/presentations/public meetings may

take place per Council meeting. The Clerk, the CAO and/or Chair/Mayor will determine if additional deputations/presentations/public meetings will be permitted on the Agenda.

d. A maximum of two (2) deputations/presentations/public meetings may

take place per Committee of the Whole meeting. The Clerk, the CAO and/or Chair/Mayor will determine if additional deputations/presentations/public meetings will be permitted on the Agenda.

e. A maximum of two (2) deputations/presentations/public meetings per

Section may take place per Coordinated Committee meeting. The Clerk, the CAO and/or Chair/Mayor will determine if additional deputations/presentations/public meetings will be permitted on the Agenda.

c. A maximum of no more than three (3) deputations and/or presentations to include Public Meetings are scheduled for any session of Council.

(3) Information to Deputant:

a. The Clerk shall provide the Deputant with information outlining the Deputation process.

(4) Rules for the Deputant:

i. If the Deputant wishes to distribute printed material with the agenda packages to the Members, including material printed in colour or otherwise impossible or impractical for the Clerk to reproduce, the Deputant shall provide the Clerk’s Office with sufficient copies of the material to supply to Members, staff and the media, the Thursday Wednesday prior to the meeting at which he/she will appear. All written material produced for publication must be in or available in an accessible format.

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ii. Persons making a deputation shall be limited in speaking to not more than

ten (10) minutes. This time limit does not include the time within which Members may question the Deputant. An extension of this time limit will only be granted by the Chair upon the majority of the Council/Committee agreeing.

iii. If a Deputation includes more than one person, delegates shall be limited

to two (2) speakers; the combined speaking time of all persons addressing the Committee/Council shall not exceed the limit of 10 minutes.

iv. The Deputant must restrict their comments to the subject matter outlined

in their request for Deputation.

v. Where several Deputations are scheduled on the same topic, the Chair may request that the Deputations subsequent to each preceding Deputation only bring forward new information to the Committee.

vi. All comments from the Deputant shall be directed through the Chair

without the use of offensive language or behavior.

vii. Presentations shall be free of statements or material which is contrary to the Ontario Human Rights code and other laws of Ontario and Canada and delegates will be informed that normal courteous behavior and decorum are expected in addressing Council or Committee.

viii. In responding to questions from Members, the Deputant shall not enter

into Debate or question Members of Council/Committee.

ix. Deputants must observe the rules set out in this By-Law, and the decisions and directions of the Chair presiding at the Meeting.

(5) Sanctions:

a. Where a Deputant disregards any one or more of the rules of this By-Law,

the Chair shall advise the Deputant of the error, remind him or her of the rules, and request that he or she adhere to the rules; or if the Deputant repeatedly ignores the rules, the Chair may call an end to the Deputation.

b. Where a Deputant repeatedly disregards any one or more of the rules, the

Chair may immediately order the Deputant to leave the Meeting room for the remainder of the Meeting.

c. If the Deputant refuses to leave the Meeting, he or she may be escorted

from the building.

d. Council may, at its discretion, prohibit anyone from making Deputations for a period of time.

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(6) Rules for Members and Staff:

a. When a request for a Deputation has been denied, the Clerk shall provide the person who made the request, the Members of the Council/Committee and the CAO with a memorandum outlining the reasons for the denial.

b. Where a Deputation relates to a matter on the agenda, the Deputation

shall be scheduled on the same agenda. The Chair, with the approval of the members may move the related matter on the Agenda to follow the Deputation.

c. When a Deputation is received after 12:00 noon, and after the finalization

of the Agenda, the Clerk, CAO and/or Mayor/Chair may decide if the Deputation should be permitted to be added to the Agenda.

d. Upon the conclusion of a Deputation, Members may ask questions of the

Deputant. Questions to Deputants shall be limited to the subject matter of the Deputation.

e. Members shall not enter into debate with Deputants.

f. The Deputant shall be excused after Members of Council/Committee have

had the opportunity to question him or her. Questions by Members can be addressed to staff at this point.

g. Except in cases involving established time constraints, no Motion

regarding any Deputation not associated with another agenda item shall be presented at the same Meeting as the one at which the Deputation occurred;

h. Upon the conclusion of a Deputation, submissions shall be received for

information or referred to the appropriate Committee or staff for review, report and recommendation.

2) Presentations

a) All requests for Presentations to all meetings of Council and Committees must be made in writing to the Clerk prior to the finalization of the Agenda and prior to the scheduled Meeting at which the person wishes to appear.

b) The subject matter of the Presentation must meet the definition of

Presentation described in this By-Law.

c) The Clerk shall schedule the Presentation and provide the Presenter with the appropriate information.

d) Rules for Deputations also apply to Presentations, with the exception of Time

Limits.

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3) Petitions

a) All petitions are to be received by Council.

b) Every petition for presentation to Council must be an original legibly written, typed or printed and signed by at least one person. The Clerk will list petitions received prior to the finalization of the Agenda and prior to the regular Council meeting. All petitions received after this time will be held over for consideration at a subsequent meeting of Council unless the petition directly relates to items of business on the agenda.

c) Petitions must include the reason for the petition and the individual/group

presenting the petition to Council and shall include the lead petitioner’s printed name and local address, and written signature.

d) Once presented with a petition, Council may request, by motion, that it be

referred to a particular staff or committee for a report to the applicable Coordinated Committee.

e) Debate is not allowed on petitions except in the context of a motion already

on the Council agenda. 4) Public Meetings

a) Items being brought forward under the Municipal Act and/or the Planning Act or any other Act will be dealt with by Council or Committee provided that all advertising and notices have been completed and the holding of the said Public Meeting will be in conformity with the said Act(s).

b) Generally, only two (2) Public Meetings per meeting. Rules for Deputations

also apply to Public Meetings, with the exception of Time Limits, and any other applicable Acts.

6.06 Unfinished Business All agenda items prepared for a previous Meeting agenda that have not been completed at the Meeting, will be presented at a reconvened Meeting under Unfinished Business. 6.07 Correspondence The agenda includes those pieces of external correspondence addressed to Council, the Mayor, the Clerk or any other staff member that are intended to be brought to the formal attention of the Council.

a) Received for Information

General correspondence will be copied on the Agenda and will be received for information.

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b) Requiring Action

Correspondence requiring action will be copied on the Agenda, with a recommendation from the appropriate Department Head. Includes those items presented seeking a decision from Council. The Clerk will forward to the appropriate staff to follow up on Council’s direction.

c) Referred

Correspondence to be referred will be copied on the Agenda and the Clerk will ensure copies are referred to the appropriate Department for a report to include on the Agenda of the applicable Committee for a recommendation to Council. 6.08 Committees, Boards & Staff Reports a) Coordinated Committee/Committee of the Whole Reports Minutes and

Chair Reports

(1) Reports Minutes of Coordinated Committee and Committee of the Whole Meetings and the recommendations contained therein, shall be copied and circulated on the Agenda for Council. The Reports minutes shall come forward with a cover report from the Committee Chair summarizing the Actions.

(2) Upon introduction of the motion to adopt the Report, the Committee Chair or Vice-Chair will have an opportunity to speak to the report.

(3) Upon adoption, all recommendations contained therein are adopted and are

authorized., with the exception of those items requiring final disposition by Council. Those items shall appear as a Motion on the Regular Council Agenda.

(4) A member of Council may request to amend the motion adopting a Report of

a Coordinated Committee or Committee of the Whole to vote on an item separately which is contained in the Report. Said request may be provide to the to the Clerk prior to the meeting. The remainder of the Report and the recommendations contained therein will be voted on, save and except the item voted on separately, and shall be noted on the motion accordingly. a. The member that requested the amendment shall be the mover of the

motion and shall require a seconder to the motion. b. The amendment is not required in writing. c. As an amendment, the separated motion will be voted on first; the motion

for the remainder of the Report voted on second.

(5) Coordinated Committee of Council include presentation of:

a. minutes from Advisory and other Committees of Council, for information (6) recommendations from Advisory and other Committees of Council, for

consideration

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b) Other Committees and Board Reports

(1) (1) Reports from Other Committees and Boards shall be copied and circulated with the Council Agendaapplicable Section Agenda and be received and/or adopted. at the pleasure of Council.

(2) Members of Council may give a report on their attendance at Advisory and

other Committees they represent on behalf of Council. c) Reports Requested from Municipal Staff

(1) Requests for reports from Departments, when made at a Meeting of Council, Committee of the Whole or Coordinated Committee, shall be by majority decision of the assembly and directed to the Chief Administrative Officer, who shall give direction to the appropriate Departments, through the distribution of the Resolution.

b) Reports to Council – reports may be presented directly to Town Council when:

(1) The matter contained in the report is of an urgent nature and cannot be

delayed by presenting to a regular Coordinated Committee Meeting or Committee of the Whole.

(2) Appointments to various boards and committees. (3) Reports presented at the Inaugural Meeting of Town Council include:

a. The appointment of Signing Officers; b. The appointment of Chairs and Co-Chairs of Coordinated Committee,

in accordance with this By-Law; c. The appointments to various boards and committees.

(4) Confirmation of Accounts

cd) Coordinated Committee or Committee of the Whole

(1) Corporate Staff Reports prepared for presentation at Committee of the Whole

and Coordinated Committee, as follows:

a. Department Monthly Reports are those reports prepared summarizing the Department’s monthly activities, for information of the Committee.

b. Reports for Further Consideration are those reports presented at a previous Meeting at which time the Committee deferred action on the matter or referred the matter to Staff or an alternate Committee.

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c. Reports for Consideration includes those reports presented seeking a recommendation from the Committee to Council for approval.

d. Reports for Information includes those reports presented for information only.

e. Minutes from Advisory and other Committees of Council, for information

recommendations from Advisory and other Committees of Council, for consideration.

f. Reports to appoint members to various boards and committees shall be directed to Committee of the Whole for consideration and recommendation to Council by By-law.

6.09 Notices of Motion a) At a Regular Council Meeting, Members of Council may give notice of their intent to

introduce a motion at an upcoming Coordinated Committee Meeting, Committee of the Whole or Meeting of Council.

b) Notices of Motion shall be in writing and delivered to the Clerk’s Office before 8:30

a.m on the day of the Coordinated Committee Meeting, or noon on the day of Committee of the Whole orthe Meeting of Council. The Clerk shall provide the motion to the Mayor/Chair to be read into the record. No Seconder is required. The Notice is not debatable.

6.10 Motion Where Notice Has Been Given a) Where Notice has been Given: All Motions where notice has been given at a previous meeting of Council, Coordinated Committee or Committee of the Whole meeting, shall be listed on the Agenda.

(1) Council Meetings: Where a Notice of Motion has been given and approved at a previous meeting; the matter to be dealt with shall be listed under “Motion Where Notice Has Been Given”. (2) Committee Meetings: Where a Notice of Motion has been given and approved at a previous meeting; the matter to be dealt with shall be listed under “New Business”.

b) Dispensing with Notice: Any motion may be introduced without notice if Council and/or Committee, without debate, dispenses with notice on the affirmative vote of a least two-thirds majority of the voting Members in attendance. The motion shall be in writing and seconded before the Chair can read the question for debate. The question stated shall be put to a vote and recorded in the minutes. 6.11 By-Laws and Confirmatory By-Law

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a) Corporate by-laws are presented at Meetings of Town Council for consideration. b) Except a by-law to confirm the proceedings of Council, the subject matter of a by-

law must have either been: (1) Considered and recommended by Committee of the Whole or Coordinated

Committee and ratified by Council; (2) Considered and adopted by Council; (3) Recommended by the CAO.

c) Every by-law must be in typewritten form confirming to accepted procedure and

in compliance with the provisions of any Act and shall be complete with the exception of the number and date of passing.

d) Every by-law shall be introduced by Motion, specifying the subject of the by-laws

and open to Debate and amendment prior to passing:

(1) May be considered and debated separately; (2) May be referred to the Committee of the Whole or Coordinated Committee for

further consideration; (3) May be deferred to a subsequent Meeting date of Council (4) May be referred back to staff for further review

e) The Chair of the appropriate Coordinated Committee may give a brief

explanation of the by-law. f) The first, second, third and final reading of a by-law may be done by one motion.

A majority vote of Council is required. g) If Council determines that the by-law is to be reconsidered in Committee, it shall

be so considered before the third reading. h) Any proposed By-Law, after first reading, shall be considered approval in

principle, subject to certain matters being addressed, including consultation with the public.

i) Any proposed By-Law after second reading may, upon direction of Council, be

advertised in the local papers. j) The Clerk shall be responsible for the correctness of the By-Law when and as

amended. k) Every by-law enacted by Council shall be numbered and dated and shall be

sealed with the seal of the Corporation and signed by the Clerk and by the Mayor at the Meeting at which the By-Law was passed.

l) Every by-law shall be indexed, deposited in the By-Law Book and filed in a

secure location in the Office of the Clerk.

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m) If by oversight the Seal of the Corporation was not affixed to a by-law, it may be affixed at any time afterwards and when so affixed, the by-law is as valid as if it had been originally sealed.

n) Confirmatory By-Law

(1) The Confirmatory By-Law is presented at each Town Council Meeting to confirm the proceedings of Council at that meeting in respect of each motion, resolution and other action taken.

(2) Notwithstanding the above, the motion for the Confirmatory By-Law shall be

read a first, second, third and final time, without debate or question. (3) With the adoption of the Confirmatory By-Law, the Mayor and the proper

officers of the Town are hereby authorized and directed to do all things necessary to give effect to said actions or to obtain approvals where required, and except where otherwise provided, the Clerk and Mayor are authorized and directed to execute all documents necessary and to affix the corporate seal of the Town to all such documents.

6.12 Calling of Committee Meetings a) The Chair of each Coordinated CommitteeClerk will announce the date, time and

place of any Coordinated Committee, Committee of the Whole or Council meetingmeeting to be held prior to the next Regular Meeting of Council.

b) The Chief Administrative Officer will announce the date, time and place of any

Committee of the Whole meeting to be held prior to the next Regular Meeting of Council.

6.13 Items for Future Meetings a) Items brought forward under this section shall not be discussed at length at the

meeting in which they are presented. With the consent of the majority of committee/council, the item will be placed under the Unfinished Business section of the next meeting agenda and/or may appear as an agenda item on the next or future meeting agenda. At that meeting the member of Council who raised the item can speak to it. The provisions of 6.08 c) shall apply if a report from staff is to be requested. Items raised under this section are to be considered in a like manner to a Notice of Motion.

6.14 QuestionComment Period a. A fifteen (15) minute session at the begining of the meeting wherein persons in

attendance at the Regular Meeting of Council have an opportunity to make a comment pertaining to items that are listed on the Agenda to be dealt with by Council.

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b. Persons wishing to make a comment must state their name and address for the record.

c. Comments must be specific to an item listed on the Agenda and are limited to a maximum of 5 minutes per person.

d. In the event a large number of people in attendance wish to make a comment, a time limit per individual may be imposed at the distraction of the Chair.

A fifteen (15) minute session wherein persons in attendance at the Regular Meeting of Council have an opportunity to raise questions pertaining to items thatlisted on the Agenda and dealt with by Council.

e. Comments will be received for Council consideration but will not be discussed or debated at this time.

6.15 Adjournment a) The meeting will be adjourned by the Mayor/Chair. 6.16 Curfew – Motion to Continue

a) No item of business may be dealt with at a Council or Committee Meeting after 10:00 p.m., unless the Chair presents a Motion to extend the hour. Two-thirds vote required to continue.

b) If a two-thirds vote is not achieved to extend the meeting, Council or Committee

will move to adjournment. The unfinished items will be deferred to the next regularly scheduled meeting to be noted under Unfinished Business.

ARTICLE 7.0 MOTIONS 7.01 Rules of Motions a) a) A motion must first be moved and seconded before the question is put to

the Committee for debate and vote. a)b) The Member who moves the motion cannot vote in opposition of the motion;

however, the Member who seconds the motion can vote in opposition of the motion.

c) Once a Motion is first proposed and seconded, but before the question is stated, it may be modified (deferred, referred, withdrawn, amended) with the permission of the mover and seconder. d) Once a Motion has been moved and seconded and after the question stated by the Mayor/Chair, it is in the possession of the Council/Committee to dispose of and may be modified through a motion (verbal or written) and subsequent majority vote.

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e) A member who declares a conflict shall not move or second a motion. f) A motion properly before Council for decision must receive disposition before any

other motion can be received except a motion to amend, for the previous question, to adjourn, to extend the hour of closing proceedings, to commit or on a matter of privilege.

7.02 Motions Without Notice The Motions listed in this Section may be introduced verbally without written notice: a) A Point of Order or a Point of Privilege; b) To Refer a matter under discussion; c) To defer a matter under discussion; d) Motions to suspend a Rule or Procedure; e) Motions to adjourn; f) Motions to vote on the question. 7.03 Coordinated Committee and Committee of the Whole Motions a) All Motions, except procedural Motions, voted on in Committee of the Whole or

Coordinated Committee become recommendations to Town Council. b) Council shall ratify each recommendation of Committee of the Whole or

Coordinated Committee before it can become effective, through:

(1) Presentation of the Committee of the Whole and Coordinated Committee minutes, including all motions contained within the minutes, to Council; or

(2) Presentation of individual recommendations from Committee of the Whole

or Coordinated Committee to Council. c) Council may extract any motion from the Committee of the Whole or Coordinated

Committee minutes Reports to consider the motion separately. The maker of the motion is the mover; a seconder is required. The extracted motion is not required to be in writing.

d) As it is a recommendation of a Committee, if it is being reversed or amended, the

extracted motion is not required to be rescinded before it is considered for a decision of Council.

e) If the extracted motion is amended or the Committee recommendation is

reversed, the Committee of the Whole or Coordinated Committee minutes will not be amended.

7.04 Dividing a Question

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a) When a Motion under consideration concerns two or more matters, each matter may be voted on separately upon the request of any Member, using the original mover and seconder of the motion. 7.05 Withdrawal of Motion a) Motions to Withdraw (1) Motions to withdraw a motion shall:

a. require a Seconder; b. not be Amended; c. not be Debated; d. not required in writing; e. require a majority vote; f. not be reconsidered; g. be entered into the minutes and noted “withdrawn”.

(2) Any motion may be withdrawn with the permission of the Council/ Committee. When a motion is first proposed and seconded, but before the Chair states it, it belongs to the proposer of the motion. It may be withdrawn or modified without the permission of the Council/ Committee. Once the Chair has stated a motion, it belongs to the Council/ Committee, and permission is required to withdraw it. If a motion is withdrawn after being stated by the Chair, it is recorded in the minutes. 7.06 Motion Under Debate When a motion is under debate, no other motion shall be received except for the following purposes: a) To defer; b) To amend; c) To put the question to a vote; d) To table a question; e) To recess; f) To refer; g) A motion containing distinct proposals may be divided if approved by majority vote; h) To adjourn. 7.07 Rules for Subsequent Motions a) Motions to Adjourn (1) Motions to adjourn shall:

a. require a Seconder; b. not be debated; c. not be amendable; d. requires majority vote;

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e. not be reconsidered; f. not include qualifications of additional statements; and g. always be in order.

(2) When a Motion to adjourn is lost, no further Motion to adjourn may be

made until the matter at hand has been concluded.

b) Motions to Extend the Hour (1) Motions to extend the hour shall: a) Require Seconder; b) Not be amended; c) Not be debated; d) Require a two-thirds vote; e) Not be reconsidered; f) Be in writing; and g) Always be in order, except when a member is speaking or the

members are voting. c) Motions to Recess (1) The Chair may suggest a recess of the meeting or an adjournment to

another day, such as to obtain information needed by the meeting. Motions to recess, shall:

a) Require Seconder; b) Require a majority vote; c) Be debatable; d) Be amendable only as to the length of time for the recess; e) Note the length of time for the recess; f) Chair may recess or adjourn a disorderly meeting that cannot be

brought to order, without the need for a vote. c) Motions to Vote on the Question

(1) A Motion to close the debate and vote on the question is in order at any time, and shall:

a. not required in writing; b. not be Amended; c. not be Debated; and d. If carried lead directly to a vote on the question.

d) Motions to Defer

(1) If a Motion to Defer is decided in the affirmative by a majority vote of the Members present, then the main Motion and any Amendments to it shall be removed from the consideration until such time as provided for in the

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Motion. A Motion to defer a matter pending receipt of further information shall:

a. Be in writing; b. Require a Seconder; c. Include time, place, and the purpose of the deferral, if applicable; d. Not be Amended; e. Be debatable only as to time, place and direction; f. Not be reconsidered until the time specified in the motion to defer; g. Apply to the main Motion and any Amendments to it under Debate at

the time when the Motion to defer was made; h. Require a majority vote; i. Be entered into the minutes and noted “deferred”.

e) Motions to Refer (1) A Motion to Refer a matter under consideration to a Committee or Staff shall:

a. Be in writing; b. Require a Seconder; c. Be open to Debate; d. Be Amendable; and e. Require a majority vote; f. Not be reconsidered; g. End further Amendment or Debate of the preceding Motion, unless the

Motion to refer is lost; h. Be entered into the minutes and noted “referred”.

f) Motions to Amend

1) Motions can be amended. When a motion is first proposed and seconded, but before the Chair states it, it belongs to the proposer of the motion. It may be modified without the permission of the Council/ Committee. After the Chair has stated a motion, it belongs to the Council/ Committee, and permission by the whole body is required to amend it. 2) Once a Motion has been introduced, it is in the possession of the

Council/Committee and can only be amended through a Motion and subsequent vote, and shall:

a. Require a Seconder; b. Be in writing; c. Be open to Debate; d. Be amendable; e. Require a majority vote; f. Be relevant to the question to be received; g. Not be contrary to the main Motion; and

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h. Only one amendment shall be allowed to an amendment.

3) May be a “friendly amendment”, that does not affect the overall meaning of the motion, such as a change in wording, punctuation, word order, grammar, omission or error, whereby a verbal consensus is required by the Committee or Council to re-word the motion to accommodate the amendment, without the necessity of a vote.

4) If it is not a “friendly amendment” as stated above, whereby it changes the

meaning and/or intent of the motion, then the motion to amend shall be in writing and put to a vote in the reverse order to that in which they are moved.

5) A Motion to amend the main Motion must be dealt with prior to presenting

any additional Motions to amend the main Motion. 6) When the question is settled, another amendment to the motion to amend

may be made.

7) An Amending motion to the main Motion can be amended, with no more than one (1) amending motion to amend on the floor at a time.

8) Once all the amendments have been settled, a vote takes place on the

main motion, or if any amendment has carried, on the main motion as amended.

9) All amendments shall be decided or withdrawn before the main motion is

put to the vote. 10) If the mover and seconder of the motion do not agree with the

amendments, or declare a conflict, they may, without further discussion, withdraw their support for the original motion as amended and a new mover and seconder would be required to move the motion as amended. If the amendments are carried, then the original motion as amended would be put to the vote.

11) After a motion as amended is finally put, no member shall speak to the

motion nor shall any other motion be made until after the vote is taken and the result is declared.

7.08 Motion to Suspend the Rules a) A motion to suspend the Rules of Procedure of Council, shall:

(1) Not be in writing; (2) Be specific to the rule to be suspended and the purpose of doing so; (3) Require a Seconder; (4) Not be Debatable; (5) Not be Amendable; (6) Requires a two-thirds vote of Council; and

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(7) Not be Reconsidered; (8) Shall only be in order at Council Meetings.

7.09 Jurisdiction A Motion in respect of a matter that conveys authority or direction that is beyond the power of Council or Committee is not in order. 7.10 Submission of Motion Notice of all new Motions except Motions listed in Section 7.01 - Motions Without Notice, shall be given in writing to the Clerk by 12 noon eight (8) days preceding the date of the Meeting at which a Motion is to be introduced and the Motion shall be prepared for the agenda for that Meeting. 7.11 Receipt of Motions a) Every Motion must be in writing before being submitted to the Clerk for inclusion in

the agenda. b) Except as otherwise provided, all motions are put in the order in which they are

received and moved. c) Every motion, when moved and seconded and presented at a Meeting, in

accordance with this By-Law, shall be received by the Chair. d) A motion must be formally moved and seconded before discussion can take place

and before the motion can be put or a motion recorded in the minutes. e) Motions need not be in writing; however, when a motion is presented to Council or a

Committee in writing, it shall be read by the Mayor/Chair. 7.12 Order of Precedence of Motions a) Where a Motion is under consideration, no Motion shall be received except a Motion

having precedence in the following order:

(1) to adjourn; (2) to recess; (3) to vote on the question; (4) to close, limit or extend the Debate; (5) to defer (6) to refer; (7) to amend.

7.13 Debatable Motions a) main motion b) postpone indefinitely

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c) amend d) refer to a committee e) postpone to a certain time f) appeal from the decision of the Chair g) rescind h) amend something previously adopted i) reconsider Recess (as an incidental main motion) k) fix the time to which to adjourn (as an incidental main motion) 7.14 Non-Debatable Motions a) to close, limit or extend the debate; b) lay on the table; take from the table c) call for the orders of the day; d) raise a question of privilege e) recess (as a privilege motion) f) adjourn; g) fix the time to adjourn (as a privileged motion) h) Point of Order; Point of Privilege; i) to withdraw a motion; j) to suspend the rules; k) object to consideration of the motion l) division of the assembly m) division of the question n) incidental motions relating to voting, when the subject is pending o) dispense with the reading of the minutes

ARTICLE 8.0 DEBATE 8.01 Rules of Debate a) Debate may not begin until the Chair has stated the Motion. b) Debate must be relevant to the Motion under consideration. c) Debate must be courteous and respectful. d) When the Chair calls for the vote on a question, each Member shall occupy his or

her seat and shall remain in his or her place until the result of the vote has been declared by the Chair, and during such time no Member shall walk across the room or speak to any other Member or make any noise or disturbance.

e) Any Member may require the question or motion under discussion to be read at

any time during the debate but not so as to interrupt a member while speaking.

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f) Members who have declared conflicts of interest may not participate in the debate. g) The member who made the motion shall have the first right to speak to the motion; however, cannot speak against the motion. h) Speakers must address all remarks to the Chair; cross talk between members is not permitted. i) A Member who wishes to debate must raise his or her hand and wait for

permission from the Chair to speak. The Chair shall keep a list of speakers, calling upon them in order of their recognition.

j) A Member may not speak on any subject other than the subject in debate. k) The Chair may not participate in the debate on any motion until all other

Members have had at least one opportunity to speak. l) The Chair may make brief remarks on non-debatable motions. m) A Member may interrupt a speaker on a Point of Order if he or she believes the

speaking is violating any of the Rules of Procedure. n) A Member may interrupt a speaker on a Point of Privilege if he or she believes

the speaker has impugned a Member or the assembly. 8.02 Reopening an Item for further Debate At the request of any Member, any item on the agenda of a Meeting may be reopened with a majority vote of all Members present for further debate, including re-vote on the related main Motion or any amendments that had been made at that same meeting.

ARTICLE 9.0 VOTING 9.01 Rules for Voting a) No vote shall be taken by ballot or by any other method of secret voting, and

every vote so taken is of no effect. This includes telephone, remotely via electronic format (i.e. Skype/FaceTime), verbal and email polls, except as provided by legislation.

b) The Chair/Mayor shall always call for the positive and negative vote before declaring the results. c) On an unrecorded vote, the manner of determining the decision on a motion shall be by show of hands or other such method as approved by Council.

By-Law No. 2016-____ Page 48 of 54

d) Any Member who is present at the meeting and does not vote will be counted as

having voted in the negative unless he or she is prohibited from voting having declared a conflict of interest.

e) Members shall not speak on any subject other than the subject under debate or

make another Motion until after the result has been declared. f) Members shall not interrupt a Member who has the floor except to raise a Point

of Order.

g) Any question on which there is a tie vote shall be deemed to be lost, except where otherwise provided by any statute.

h) Immediately preceding the taking of the vote, the Chair/Mayor announces the

result of the vote in the precise form in which it will be recorded in the minutes. i) Members shall not reflect upon, review, discuss, recount, or criticize any decision

of the Council or a Committee, except for the purpose of moving that a resolution be reconsidered.

9.02 Recorded Votes a) Any Member of any Committee may request a Recorded Vote on any matter

before the Committee.

b) a) All votes taken at Coordinated Committee, Committee of the Whole and Council meetings shall be conducted by Recorded Vote.

c) When a Member requests a Recorded Vote, aAll Members present at the Meeting must vote, in alphabetical order, except that of the Chair whose name is called last.

a)d) unless prohibited from doing so Members having declared a conflict of interest shall be excluded from the vote and noted as such.

b) The names of those who voted for and others who voted against shall be noted

in the minutes. c) The Clerk shall announce the results. d) All other rules of voting as listed in this By-law apply.

ARTICLE 10.0 REVISITING PRIOR DECISIONS 10.01 Revote

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Any member may make a Motion to call for a Revote on a question that has been decided at the same Meeting. The Motion to Revote is non-debatable. 10.2 Reconsider, Rescind or Amend Prior Decision of Council: a) Reconsideration

(1) The purpose of a motion for reconsideration is to allow for fresh debate of a motion previously adopted by Council, where new information about a decided matter has been introduced.

(2) A motion for reconsideration applies only to a matter previously decided

by the current Council. A new Council may review any matter decided by a previous Council, provided contractual agreements or obligations have not been completed.

(3) A motion for reconsideration shall not be in order if Council is made aware

that the motion or by-law has been implemented resulting in legally binding commitments as of the date the motion to reconsider is moved.

(4) A motion for reconsideration may only be introduced by placing a Notice of

Motion at a Council Meeting.

(5) A motion to reconsider a matter may be brought forward only once in the twelve month period from the date the matter was first decided, unless new information is brought forward that might have reasonably affected the debate or the decision, or a mistake in procedure can be shown to have occurred. A majority vote is required.

(6) Any matter decided upon by the Council, may be reconsidered at the same meeting by a majority vote of the Council, without Notice.

(7) A motion to reconsider any matter already disposed of by the current

Council at a previous meeting shall require a majority vote at a future meeting.

(8) A motion for reconsideration may be introduced only by the Member that

voted with the prevailing side. A Member absent is not entitled to move or second a motion for reconsideration. A Seconder is required.

(9) Debate on a motion to reconsider may only go into the reasons for

reconsidering, and shall be limited and confined to discussion that new information has come forward, errors in documentation were presented, incorrect statements were made during the original debate, or other brief and concise statements outlining the reasons for reconsideration. Debate on the original motion or by-law proposed for reconsideration shall be prohibited until the motion to reconsider has been disposed of.

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(10) If a motion for reconsideration has been adopted, it temporarily nullifies the previous decision and places the meeting back at the point prior to taking the vote on the original motion.

(11) If a motion for reconsideration is carried, it shall be in order to reconsider

the original resolution or by-law until the next Regular Meeting of Council, or a Special Meeting of Council if so directed by Council by a majority vote of Members present.

(12) A motion to reconsider shall not be reconsidered. (13) Once the original resolution or by-law is reopened, it is reopened in its

entirety unless the motion to reconsider specifies otherwise. The original resolution or by-law being reconsidered shall be subject to the rules of debate and amendment outline herein.

(14) Until the motion for reconsideration has been dealt with by Council all

actions are suspended relating to the original motion previously adopted by Council.

(15) No Motion or report shall be reconsidered more than once at any meeting.

c) Rescind or Amendment

(1) The purpose of a motion to rescind is to reverse or cancel a decision previously adopted by Council, provided no action has been taken on the original decision.

(2) The purpose of a motion to amend is to change the wording or substance

of a motion or decision previously adopted by Council.

(3) A motion to rescind or amend may only be introduced by placing a Notice of Motion at a Council Meeting.

(4) A motion to rescind or amend a matter may be brought forward only once

in the twelve month period from the date the matter was first decided, unless new information is brought forward that might have reasonably affected the debate or the decision, or a mistake in procedure can be shown to have occurred.

(5) During presentation of a motion at a subsequent Council Meeting, if

previous notice was not given, the motion to rescind or Amend is carried by two-thirds (2/3) vote of Council. If previous notice was given, a majority vote is required to carry the motion to rescind or amend.

(6) Unless and until the motion to rescind or amend has passed by Council,

the original decision continues in full force and effect. (7) If the motion to rescind is carried, the vote cannot be reconsidered.

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(8) If the motion to rescind is defeated, the vote can be reconsidered.

(9) A motion to rescind or amend applies only to a matter previously decided by the current Council. A new Council may review any matter decided by a previous Council, provided contractual agreements or obligations have not been completed.

ARTICLE 11.0 CONDUCT 11.01 Rules of Conduct of Members of Council, Committees, Staff, and Public a) Members of Council, Committees and Staff in attendance at a meeting of Council or

a Committee shall adhere to the Town’s Code of Conduct for Council and/or Committee Members and/or Staff.

b) All those in Members of Council, Committees, staff and public in attendance at a

meeting of Council or a Committee, including Members of Council, Committees, staff and public shall, at all Meetings, observe the Rules of Conduct set out in this Section. No person shall:

(1) Speak disrespectfully of the Reigning Sovereign, or of any member of the Royal

Family, or of the Governor General or the Lieutenant-Governor of any province, any Member of the Senate, the House of Commons of Canada or the Legislative Assembly of the Province of Ontario;

(2) Speak disrespectfully nor shall they use offensive words in or against Members of the Council, or Committee, or any member thereof including Municipal staff;

(3) Use belittling, derogatory, indecent, offensive, or insulting words, profanity or unparliamentarily language in or against the Council or against any Member, staff, guest or individual;

(4) Speak on any subject other than the subject in debate; (5) Criticize any decision of the Council except for the purpose of moving that the

question be reconsidered; (6) Disturb another Member of Council or Committee, staff, or individual, by any

disorderly conduct disconcerting to the speaker or the Council/Committee; (7) In the case of a Member, leave their seat or make any noise or disturbance when

the Chair/Mayor is reading a motion and shall remain in their seat while a vote is being taken and until the result of the vote is declared;

(8) In the case of a Member, leave the meeting without first obtaining permission from the Mayor/Chair;

(9) Operate any handheld communication device, such as cell phones, Blackberrys, audible pagers or similar communication device, during a Closed Meeting and not use handheld devices for voice communications during a Meeting of Council or Committee;

By-Law No. 2016-____ Page 52 of 54

(10) Release, make public or in any way divulge any maters or information dealt with in a closed session or any aspect of closed session deliberations, unless expressly authorized or required by law;; or

(11) In all matters and under all circumstances, be guided by and have regard to the Municipal Conflict of Interest Act;

(12) Disobey the Rules of Procedure, or a decision of the Chair, or of the Committee on questions of order and practice or upon the interpretation of the Rules of Procedure;

(13) Be allowed to address Council or a Committee or speak in debate without permission of the Mayor/Chair, who may consult with Council or the Committee regarding permission; (14) Walk across or out of the Council Chambers or Committee Room, or make any

noise or disturbance when the Presiding Officer is putting a question, and shall occupy his or her seat while a vote is being taken and until the result thereof is declared.

b) Unless otherwise authorized by the Mayor/Chair, everyone in attendance at a

Council or Committee meeting shall address Council or the Committee through the Mayor/Chair and only when recognized to do so.

c) During the conduct of any meeting of the Council, wearing of any hats, other than for

religious purposes; which are strictly forbidden by any member of the Council, Administration of members of the public.

d) All Members of Council and Staff shall wear proper business attire during regularly

scheduled Council and Committee meetings. e) No person, with the exception of Municipal Staff and Members of Council, may come

within the dais during a Council meeting, without permission to do so from the Chair or Council.

f) Election (Federal, Provincial, and Municipal) campaign materials such as signs,

buttons, brochures, etc. are not allowed in any location where Council or Committee meetings are held.

11.02 Failure to Obey the Rules of Conduct a) a) Where a Member has been called to order and warned by the Chair for failing to

observe the Rules of Conduct as outlined within this By-law and the Member is persistpersistent in such conduct, t the Chair may:

i. If the Member has the floor, at the discretion of the Chair, not be allowed to

continue speaking on this matter; ii. pPut the question to a vote, without Amendment, adjournment or Debate being

allowed;, i.iii. If a Member continues to be out of order, at the discretion of the Chair, by vote of

the Members, be “that Councillor (Name of Member) be order the Member too leave his or her seat for the duration of the Meeting.”

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b) If a Member apologizes, he or she may, by vote of the Members, be permitted to retake his or her seat.

c) c) Should a Member fail to leave his or her seat after being ordered to do so,

the Chair may, at his or her discretion, adjourn the Meeting without Debate or Vote.

c)d) Members that contravene provisions of the Code of Conduct during a meeting, upon receipt of a formal complaint, may be subject to an investigation by the Town appointed Integrity Commissioner.

11.03 Point of Order, Point of Privilege a) The Chair shall preserve order and decide Points of Order and Points of Privilege. b) Upon consent of the Chair, a Member or the CAO may interrupt the person who has the floor to raise a point of order when such member or the CAO feels that there has been: (1) A deviation or departure from the Rules of Procedure; or (2) A deviation from the matter under consideration and the current discussion is not within the scope of the proposed motion; or (3) A deviation from acceptable conduct by anyone in attendance at a meeting; or (4) Where he or she considers that the members rights on integrity or the rights or integrity of the Committee or Council as a whole have been impugned. c) Upon being recognized by the Chair, the Member or CAO shall state the Point of

Order or Point of Privilege; d) The Point of Order or Point of Privilege shall be immediately decided by the

Chair, without Debate or discussion; the Chair may ask clarification questions of the person raising the point;

e) After a Point of Order or Point of Privilege has been ruled upon, no Member shall

address the Chair, except for the purpose of appealing the Chair’s decision to the Committee;

f) If no Member appeals, the decision of the Chair is final; g) Any Member may appeal to Council, or a Committee on a decision of the Mayor or Chair on a Point of Order. h) The Council or Committee, if appealed to, shall decide the Point of Order without debate and its decision shall be final. A simple majority of Council or Committee is required for such decisions. The motion so interrupted shall be resumed at the point where it was suspended.

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ARTICLE 12.0

BY-LAW REPEALED

12.01 Previous By-Laws Repealed

1. THAT By-Law 2015-99 and all amendments to the same are hereby repealed in their entirety, and where the provisions of any other by-law, resolution or action of Council area inconsistent with the provisions of this by-law, the provision of this by-law shall prevail.

ARTICLE 13.0

EFFECTIVE DATE

13.01 Effective Date THAT this By-Law shall come into force and take effect upon passing. READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 24th DAY OF MAY, 2016. Brian Smith, Mayor Holly Bryce, Town Clerk

April 1, 2016 Mr. George Vadeboncoeur, CAO Town of Wasaga Beach 30 Lewis Street Wasaga Beach, ON L0Z 1A1 Dear Mr. Vadeboncoeur, RE: CGMH Redevelopment

We wish to provide you with an update on our review of the development options for the CGMH Redevelopment.

As you are aware, the Hospital is proceeding with evaluation of three development options: Current Site,

Current Site plus Adjacent Properties, and Generic Greenfield Site. From this work, the Committee will identify a "preferred site" and subsequently make a recommendation to the Facilities Planning Committee who, in turn, will make a recommendation to the Board.

I would like to remind you that although CGMH will identify a preferred redevelopment solution, it is ultimately up to the MoHLTC to make a final determination as to whether redevelopment of CGMH will proceed and what form, including location, it will take. As to specific greenfield sites, over the past year, the local municipalities have provided input and identified some sites. In addition, some private land owners have come forward and have requested that their sites be considered. The hospital has also engaged in 18 months of public engagement and consultation and as a result, a selection of identified blocks and sites are currently on the table. At this time we kindly ask that if the Town of Wasaga Beach is aware of, or desire any further sites be considered, please advise me by April 15, 2016. Our evaluation process will continue to focus on the optimum ability for the Hospital to deliver accessible, high quality patient care, to work effectively with our health care partners and support a cost-effective solution for the long term.

We are also mindful of the significant ‘ask’ we will be making of the local municipalities to support the local share requirement needed for redevelopment.

Thank you for your support and we look forward to continued conversations as our process unfolds. Please feel free to reach out to me if you have any further questions, as I’m happy to answer them or arrange a meeting. Sincerely,

Guy Chartrand, Hon. B. Comm., MBA, PhD Candidate President & Chief Executive Officer Collingwood General & Marine Hospital

Collingwood General & Marine Hospital

459 Hume Street Collingwood, Ont. L9Y 1W9 Tel (705) 445-2550 Fax (705) 444-2679 www.cgmh.on.ca

http://www.cgmh.on.ca/

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