AGENDA Wasaga Beach Regular Council Tuesday, June 25, 2019
A meeting of the Regular Council will be held Tuesday, June 25, 2019 in the Council Chambers commencing at 7:00 PM. Page
1. CALL TO ORDER
2. DISCLOSURE OF PECUNIARY INTEREST
3. ADOPTION OF MINUTES
3.1. Regular Meeting of Council Minutes - May 28, 2019 8 - 19 Resolved that the Minutes of the Regular Meeting of Council held Tuesday May 28, 2019 are hereby adopted as circulated. Regular Council - 28 May 2019 - Minutes - Pdf
4. DEPUTATIONS, PRESENTATIONS, PETITIONS & PUBLIC MEETINGS
4.1. Collingwood General & Marine Hospital - Hospital 20 - 36 Redevelopment Update
Ms. Norah Holder, President & CEO of Collingwood General & Marine Hospital will be in attendance to present to Council an update pertaining to the Hospital redevelopment. Resolved that Council receive the presentation from Norah Holder pertaining to the update on the Collingwood General and Marine Hospital, for information. Wasaga Beach Deputation Spring 2019_CGMH
4.2. Integrity Commissioner Report - Conflict of Interest 37 - 52
Page 1 of 125 Complaint against Councillor Belanger
Ms. Janice Atwood-Petkovski, Integrity Commissioner, will be in attendance to present to Council the findings of the Conflict of Interest complaint against Councillor Belanger. Resolved that Council receive the report from the Integrity Commissioner for information, and that it be posted on the Town of Wasaga Beach web site for public access;
Further that having been found to have breached the Municipal Conflict of Interest Act and the Code of Conduct for Members of the Council of the Town of Wasaga Beach, the remuneration paid by the Town to Councillor Belanger be suspended for a period of ten (10) days commencing with his next pay period. Integrity Commissioner Final Recommendation Report June 2019
5. COMMENT PERIOD
A fifteen (15) minute session 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. Comments will be received for Council consideration but will not be discussed or debated at this time.
6. COMMITTEE, BOARDS & STAFF REPORTS
6.1. Committee of the Whole Minutes - May 30, 2019 53 - 55 That Council receive the Committee of the Whole Report of May 30, 2019 as circulated and approves all actions contained therein. Committee of the Whole - 30 May 2019 - Minutes - Pdf
6.2. Special Council - June 13, 2019 56 - 60 That Council receive the Committee of the Whole Report of June 13, 2019 as circulated and approves all actions contained therein. Special Council - 13 Jun 2019 - Minutes - Pdf
6.3. Committee of the Whole Minutes - June 17, 2019 61 That Council receive the Committee of the Whole Report of June 17, 2019 as circulated and approves all actions contained therein.
Page 2 of 125 Committee of the Whole - 17 Jun 2019 - Minutes - Pdf
6.4. Coordinated Committee Minutes - June 20, 2019 62 - 84 That Council receive the Coordinated Committee Reports of June 20, 2019 as circulated and approves all actions contained therein. Coordinated Committee - 20 Jun 2019 - Minutes - Pdf
6.5. Deputy Clerk's Verbal update Re: Committee Appointments That Schedule “A” to By-law 2018-98 being Appointments to Advisory Committees (statutory/non-statutory) be amended by adding section f) Advisory Committee on Tourism;
And further that Schedule “B” to By-law 2018-98 being Appointments to Advisory Committees (statutory/non- statutory) be amended by adding section f) Advisory Committee on Tourism and inserting Chris Styan, Dan Kardos, Kenneth Bruton, Richard White, Wendy Fox, Gary Hendry and Todd Young as members to the Advisory Committee on Tourism;
And further that Schedule “B” to By-law 2018-98 be amended by inserting Deputy Mayor Bray as the Council member representative for the Advisory Committee on Tourism;
And further that Schedule “B” to By-law 2018-98 be amended by inserting Colleen Bannerman as the Wasaga Beach Chamber of Commerce representative for the Advisory Committee on Tourism.
6.6. Executive Assistant to the CAO, Mayor & Council's 85 - 90 Report dated June 25, 2019 Re: June 2019 Proclamations & Flag Raisings That Council receive the information report pertaining to proclamations and flag raising for the month of June 2019, for information. June 2019 Proclamations & Flag Raisings
6.7. Accounts - May 1, 2019 - May 31, 2019 91 - 92 That Council approve the May 1, 2019 - May 31, 2019 Accounts in the amount of $2,927,144.80 May Council Summary Cheque Register
Page 3 of 125
6.8. Director, Legislative Services & Clerk's verbal motion Re: Appointment and confirmation of Directors - Geosands Inc. RESOLUTIONS OF THE SHAREHOLDER OF GEOSANDS INC. (the “Corporation”) The following resolutions, signed by the sole shareholder of the Corporation, are hereby passed pursuant to the provisions of the Business Corporations Act (Ontario) (the “Act”). APPOINTMENT AND CONFIRMATION OF DIRECTORS
WHEREAS the number of directors within the minimum and maximum specified in the articles of incorporation of the Corporation has been fixed at five (5);
AND WHEREAS the term of Andy Ferguson as a director of the Corporation expired on June 25, 2019, following which there are currently two (2) directors of the Corporation;
AND WHEREAS the shareholder wishes to elect or appoint Brian Kirkwood, Trent Gow and Neil Hamilton as directors of the Corporation, effective June 26, 2019, and to confirm the continuance in office of the remaining directors and the terms of the directors.
ACCORDINGLY, IT IS RESOLVED THAT:
1. Brian Kirkwood, Trent Gow and Neil Hamilton are hereby elected or appointed as directors of the Corporation, to hold office until the meeting of the shareholder to be held in January 2021, or until their successors are elected or appointed; 2. Andy Ferguson’s term as a director of the Corporation has expired and it is hereby confirmed that he is no longer a director of the Corporation; and 3. Nina Bifolchi and Bruce Young are confirmed as directors of the Corporation, to hold office until the meeting of the shareholder to be held in January 2022, or until their successors are elected or appointed. THAT Cal Patterson and Morley Bercovitch are hereby elected or appointed as directors of Wasaga Distribution Inc., to hold office until the meeting of the shareholder to be held in January 2021, or until their successors are elected or appointed. THAT Ron Anderson and Jason Karklins are hereby elected or appointed as directors of Wasaga Resource Services Inc., to
Page 4 of 125 hold office until the meeting of the shareholder to be held in January 2021, or until their successors are elected or appointed.
6.9. Special Events Coordinator's Report dated June 25, 93 - 103 2019 Re: Bumble Marketing Activation Approval That the Council approves the Bumble Marketing Activation on July 20, 2019 in Playland Lot. Council - Bumble Activation Bumble Summer Mobile Pop-Up Location Request Overview
6.10. Director, Recreation, Events & Facilities and Director, 104 - 112 Library Services Report dated June 25, 2019 re: Key Milestones for shovel ready Library and Twinpad Arena Projects That Council receive the report regarding Key Milestones for Shovel Ready Library and Twinpad Arena, from the Director of Library Services and the Director – Recreation, Events and Facilities regarding the timing and key milestones;
And further that Council direct staff to secure the necessary Project Management Services, and Compliance Team Services as required to produce the “Owners Statement of Requirements” per CCDC-14 Design Build Contract;
And further that Council direct staff to issue the necessary Proposal Call to pre-qualify qualified Design-Build firms;
And further that the CAO be authorized under the Town’s Purchasing Policy to secure the necessary advisory services required to produce the Town’s RFP’s outlined in this report;
and further that the Treasurer/CAO be directed to report back to Council regarding general cost estimates for Project Management Services and Compliance Team Services, and the associated funding sources for Council approval.
Council Twinpad Library Report
7. COMMUNITY ANNOUNCEMENTS
Members of Council shall be permitted a maximum of two minutes each
Page 5 of 125 in order to make statements which are intended for the purpose of sharing information about events/activities/functions and general work of members and such updates shall not be reflected in the minutes of the meeting.
8. CALLING OF COMMITTEE MEETINGS
9. QUESTION PERIOD
A fifteen (15) minute session wherein persons in attendance at the Regular Meeting of Council have an opportunity to raise questions pertaining to items that were dealt with by Council on the evening's Agenda.
10. CLOSED SESSION
10.1. Closed Session
Resolved that Pursuant to Section 239 (2) (a) of The Municipal Act, 2001, as amended, the next portion of the Regular Council meeting of June 25, 2019 be closed to the public to discuss the security of the property of the municipality or local board.
11. REPORTS FROM CLOSED SESSION
11.1. Assistant Beachfront Manager's report dated June 25, 2019 Re: Main Street Lease: Section 239 (2) (a) of the Municipal Act, 2001, as amended, the security of the property of the municipality or local board.
11.2. Committee of the Whole – May 30, 2019 – Closed Session Minutes
11.3. Special Council – June 13, 2019 – Closed Session Minutes
11.4. Coordinated Committee – June 20, 2019 – Closed Session Minutes
12. BY-LAWS AND CONFIRMATORY BY-LAW
12.1. 2019-73 A By-law to amend Town of Wasaga Beach 113 - 114 Comprehensive Zoning By-law No. 2003-60, as
Page 6 of 125 amended (Cannabis Cultivation, Agricultural)
2019-73 Zoning Bylaw amendment - Cannabis Cultivation
12.2. 2019-74 A By-law to deem part of Registered Plan 115 930, Town of Wasaga Beach, not to be a Registered Plan of Subdivision (Lots 10, 11 and 12 Plan 752, River Road East)
2019-74 DB0119_326_RRE_Cini_Deeming_By_law2
12.3. 2019-75 A By-law to amend Town of Wasaga Beach 116 - 119 Comprehensive Zoning By-law No. 2003-60, as amended (Public Uses) 2019-75 Public Uses ZBLA FINAL
12.4. 2019-76 A By-law to exempt Lot 1 and 2 on 120 - 122 Registered Plan 804 in the Town of Wasaga Beach, County of Simcoe from Part Lot Control (Campagnolo Holdings Inc.)
2019-76 Campagnolo_ PLC_Bylaw 2019-76 By-law Schedule A 77_RRE_PtLotControl
12.5. 2019-77 A By-law to authorize the execution of a 123 Lease Agreement 2019-77 BYLAW - Lease Agreement
12.6. 2019-78 A By-law to confirm the proceedings of the 124 - 125 Council of the Corporation of the Town of Wasaga Beach at its Regular meeting held Tuesday, June 25, 2019 2019-78 Confirmatory Bylaw June 25, 2019
13. ADJOURNMENT
Page 7 of 125 MINUTES Regular Council Meeting 7:00 PM - Tuesday, May 28, 2019 Council Chambers
The Regular Council of the Wasaga Beach was called to order on Tuesday, May 28, 2019, at 7:00 PM, in the Council Chambers, with the following members present:
PRESENT: Mayor Nina Bifolchi, Deputy Mayor Sylvia Bray, Councillor Joe Belanger, Councillor David Foster, Councillor George Watson, Councillor Mark Kinney, and Councillor Stan Wells ABSENT:
1 CALL TO ORDER
2 DISCLOSURE OF PECUNIARY INTEREST
3 ADOPTION OF MINUTES 3.1) Regular Meeting of Council Minutes - April 30, 2019
COU-2019-08-1
Moved by Stan Wells Seconded by Mark Kinney
Resolved that the Minutes of the Regular Meeting of Council held Tuesday April 30, 2019 are hereby adopted as circulated.
Yea: Nina Bifolchi, Sylvia Bray, Joe Belanger, David Foster, George Watson, Mark Kinney, and Stan Wells CARRIED. 7-0 on a recorded vote
4 DEPUTATIONS, PRESENTATIONS, PETITIONS & PUBLIC MEETINGS 4.1) Wasaga Beach Cruisers
Mr. Steve Hardisty of the Wasaga Beach Cruisers was in attendance to present to Council a plaque showing the appreciation of all the support the Town and Council has given to the club.
4.2) Presentation of Oil Painting
Mr. Jack Prezio of Pedro's Gift Shop was in attendance to present to Council a gift of an Oil Painting of Wasaga Beach.
Page 1 of 12
Page 8 of 125 4.3) Financial Auditors Presentation
Mr. Jay Anstey, Partner, Baker Tilly SGB LLP, joined by Keith McAllister, CEO, Wasaga Distribution Inc. and Wasaga Resource Services Inc. and Ms. Joanne Tackaberry, Director of Finance, Wasaga Distribution Inc. and Wasaga Resource Services Inc. were in attendance to present to Council the Town of Wasaga Beach and Geosands Financial Statements. The presenters answered questions and concerns of Council.
COU-2019-08-2
Moved by David Foster Seconded by Mark Kinney
Resolved that Council receive the presentation from the Financial Auditors pertaining to the Town of Wasaga Beach and Geosands Financial Statements., for information.
Yea: Nina Bifolchi, Sylvia Bray, Joe Belanger, David Foster, George Watson, Mark Kinney, and Stan Wells CARRIED. 7-0 on a recorded vote
5 COMMENT PERIOD A fifteen (15) minute session 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. Comments will be received for Council consideration but will not be discussed or debated at this time. 5.1) Mayor Bifolchi noted that individuals that have registered with the Clerk to comment on the Notice of Intention to remove a holding (H) symbol on the lands addressed as 88 Lyons Court and 176 Lyons Court will be called forward first for up to 2 minutes speaking time. The remainder of the comment period will be opened up to the gallery.
6 CORRESPONDENCE
6.1. Received for Information 6.1.1. Ministry of Infrastructure Letter dated May 13, 2019 Re: Community Hubs Facilitation Program
Members of Council spoke to their comments regarding this item.
COU-2019-08-3
Moved by Mark Kinney Seconded by Stan Wells
Resolved that Council received the letter dated May 13, 2019, from the Page 2 of 12
Page 9 of 125 Ministry of Infrastructure, for information.
Yea: Nina Bifolchi, Sylvia Bray, Joe Belanger, David Foster, George Watson, Mark Kinney, and Stan Wells CARRIED. 7-0 on a recorded vote
6.1.2. Watson & Associates Economists Ltd. Letter dated May 6, 2019 Re: Proposed Changes to the Development Charges Act
COU-2019-08-4
Moved by Stan Wells Seconded by David Foster
Resolved that Council receive the letter dated May 6, 2019, from Watson & Associates Economists Ltd., for information.
Yea: Nina Bifolchi, Sylvia Bray, Joe Belanger, David Foster, George Watson, Mark Kinney, and Stan Wells CARRIED. 7-0 on a recorded vote
6.1.3. Town of Oakville Letter dated May 16, 2019 Re: Bill 108
Members of Council spoke to their comments regarding this item.
COU-2019-08-5
Moved by George Watson Seconded by David Foster
Resolved that Council received the letter dated May 16, 2019, from the Town of Oakville, for information.
Yea: Nina Bifolchi, Sylvia Bray, Joe Belanger, David Foster, George Watson, Mark Kinney, and Stan Wells CARRIED. 7-0 on a recorded vote
6.2. Requiring Action 6.2.1. Ontario Good Roads Association (OGRA) Letter dated April 29, 2019 Re: OGRA/ROMA Combined Conference
COU-2019-08-6
Moved by Mark Kinney Seconded by Stan Wells Page 3 of 12
Page 10 of 125
Resolved that Council receive the letter dated April 29, 2019 from the Ontario Good Roads Association, for information;
And further, whereas the Staff and Council of the Town of Wasaga Beach participate in both the annual ROMA/OGRA conferences;
And Whereas the Town of Wasaga Beach appreciated the ability to attend both of these conferences when held together and does not view their combination as an impediment;
And Whereas the previous combined ROMA/OGRA Annual conference provided the opportunity for member municipalities to participate and benefit from the expertise of both organizations in an efficient and cost- effective manner to member municipalities;
Therefore be it resolved that the Council of the Town of Wasaga Beach indicates its support for OGRA to continue working with ROMA towards re-establishing a combined event to add strength and value to their members.
Yea: Nina Bifolchi, Sylvia Bray, Joe Belanger, David Foster, George Watson, Mark Kinney, and Stan Wells CARRIED. 7-0 on a recorded vote
7 COMMITTEE, BOARDS & STAFF REPORTS 7.1) Coordinated Committee Minutes - May 9, 2019
COU-2019-08-7
Moved by Stan Wells Seconded by Mark Kinney
That Council receive the Coordinated Committee Reports of May 9, 2019 as circulated and approves all actions contained therein.
Yea: Nina Bifolchi, Sylvia Bray, Joe Belanger, David Foster, George Watson, Mark Kinney, and Stan Wells CARRIED. 7-0 on a recorded vote
7.2) Executive Assistant to the Mayor & Council's Report dated May 28, 2019 Re: April and May 2019 Proclamations & Flag Raisings
COU-2019-08-8
Moved by Mark Kinney Seconded by David Foster
Page 4 of 12
Page 11 of 125 That Council receive the information report pertaining to proclamations and flag raisings for the months of April and May 2019, for information.
Yea: Nina Bifolchi, Sylvia Bray, Joe Belanger, David Foster, George Watson, Mark Kinney, and Stan Wells CARRIED. 7-0 on a recorded vote
7.3) Accounts - April 1, 2019 - April 30, 2019
COU-2019-08-9
Moved by Stan Wells Seconded by Mark Kinney
That Council approve the April 1, 2019 - April 30, 2019 Accounts in the amount of $1,909,224.73.
Yea: Nina Bifolchi, Sylvia Bray, Joe Belanger, David Foster, George Watson, Mark Kinney, and Stan Wells CARRIED. 7-0 on a recorded vote
7.4) Provincial Housing Initiative: Housing Supply Action Plan entitled ‘More Homes, More Choice’ Proposed legislative changes through More Homes, More Choice Act, 2019
Members of Council spoke to their concerns pertaining to this item with the Manager of Planning and Development.
COU-2019-08-10
Moved by George Watson Seconded by Mark Kinney
That Council receive the report on the Province of Ontario’s proposed Bill 108, More Homes, More Choice Act, for information;
And that Council authorize staff to forward comments on the proposed More Homes, More Choice Act to the Province in the substantial form as contained in this staff report.
Yea: Nina Bifolchi, Sylvia Bray, Joe Belanger, David Foster, George Watson, Mark Kinney, and Stan Wells CARRIED. 7-0 on a recorded vote
7.5) Clerk's Verbal Report Re: Shareholder changes to the composition of the Board of Directors of Geosands and Subsidiaries
Page 5 of 12
Page 12 of 125 Members of Council spoke to their comments pertaining to this item.
COU-2019-08-11
Moved by Stan Wells Seconded by Mark Kinney
SPECIAL RESOLUTION OF THE SOLE SHAREHOLDER OF GEOSANDS INC. (hereinafter call the “Corporation”)
CHANGES TO THE COMPOSITION OF THE BOARD OF DIRECTORS WHEREAS, the Town of Wasaga Beach in its capacity as the sole shareholder of the Corporation wishes to make certain changes to the composition of the Board of Directors of the Corporation. BE IT RESOLVED THAT: 1. The following person be and is hereby removed as director of the Corporation effective the date hereof: Peter Preager 2. The following person be and is hereby elected director of the Corporation to fill the vacancy created by the resolution contained in paragraph 1 above, to hold office until June 25, 2019, subject to the provisions of the by-laws of the Corporation and the provisions of the Business Corporations Act (Ontario). Andy Ferguson THE FOREGOING RESOLUTION is hereby consented to and passed by the sole shareholder of the Corporation, as evidenced by its signature hereto in accordance with the provisions of section 104(1) of the Business Corporations Act (Ontario), this 28th day of May, 2019.
Yea: Nina Bifolchi, Sylvia Bray, Joe Belanger, David Foster, George Watson, Mark Kinney, and Stan Wells CARRIED. 7-0 on a recorded vote
COU-2019-08-12
Moved by Sylvia Bray Seconded by Mark Kinney
SPECIAL RESOLUTION OF THE SOLE SHAREHOLDER OF GEOSANDS INC. (hereinafter call the “Corporation”)
CHANGES TO THE COMPOSITION OF THE BOARD OF DIRECTORS WHEREAS, the Town of Wasaga Beach in its capacity as the sole shareholder of the Corporation wishes to make certain changes to the composition of the Board of Directors of the Corporation. BE IT RESOLVED THAT: 1. The following person be and is hereby removed as director of the Corporation effective the date hereof: Rick Archdekin
Page 6 of 12
Page 13 of 125
THE FOREGOING RESOLUTION is hereby consented to and passed by the sole shareholder of the Corporation, as evidenced by its signature hereto in accordance with the provisions of section 104(1) of the Business Corporations Act (Ontario), this 28th day of May, 2019.
Yea: Sylvia Bray and Mark Kinney CARRIED. 2-0 on a recorded vote
COU-2019-08-13
Moved by George Watson Seconded by Stan Wells
SPECIAL RESOLUTION OF THE SOLE SHAREHOLDER OF WASAGA DISTRIBUTION INC. (hereinafter call the “Corporation”) CHANGES TO THE COMPOSITION OF THE BOARD OF DIRECTORS WHEREAS, The Corporation of the Town of Wasaga Beach (the “Town”) in its capacity as the sole shareholder of Geosands Inc. (“Geosands”) wishes to make certain changes to the composition of the Board of Directors of the Corporation, in accordance with section 4.2 of the Shareholder Direction of Geosands entered into by the Town in its capacity as sole shareholder of Geosands (the “Shareholder Direction”).
AND WHEREAS section 4.2 of the Shareholder Direction authorizes the Town to take such steps on behalf of Geosands as are necessary or desirable to remove a director of the Corporation in accordance with section 122 of the Business Corporations Act (Ontario) (the “OBCA”).
BE IT RESOLVED THAT: 1. The following person be and is hereby removed as director of the Corporation effective the date hereof: Bruce Young Peter Preager THE FOREGOING RESOLUTION is hereby consented to and passed by the Corporation of the Town of Wasaga Beach on behalf of Geosands in accordance with section 4.2 of the Shareholder Direction and section 108 of the OBCA, Geosands being the sole shareholder of the Corporation, as evidenced by its signature hereto in accordance with the provisions of the OBCA, this 28th day of May, 2019.
Yea: Nina Bifolchi, Sylvia Bray, Joe Belanger, David Foster, George Watson, Mark Kinney, and Stan Wells CARRIED. 7-0 on a recorded vote
COU-2019-08-14
Moved by Mark Kinney Seconded by George Watson
Page 7 of 12
Page 14 of 125
SPECIAL RESOLUTION OF THE SOLE SHAREHOLDER OF WASAGA RESOURCE SERVICES INC. (hereinafter call the “Corporation”) CHANGES TO THE COMPOSITION OF THE BOARD OF DIRECTORS WHEREAS, the Town of Wasaga Beach (the “Town”) in its capacity as the sole shareholder of Geosands Inc. (“Geosands”) wishes to make certain changes to the composition of the Board of Directors of the Corporation, in accordance with section 4.2 of the Shareholder Direction of Geosands entered into by the Town in its capacity as sole shareholder of Geosands (the “Shareholder Direction”). AND WHEREAS section 4.2 of the Shareholder Direction authorizes the Town to take such steps on behalf of Geosands as are necessary or desirable to remove a director of the Corporation in accordance with section 122 of the Business Corporations Act (Ontario) (the “OBCA”). AND WHEREAS BE IT RESOLVED THAT: 1. The following person be and is hereby removed as director of the Corporation effective the date hereof: Peter Preager Rick Archdekin THE FOREGOING RESOLUTION is hereby consented to and passed by the Corporation of the Town of Wasaga Beach on behalf of Geosands in accordance with section 4.2 of the Shareholder Direction and section 108 of the OBCA, Geosands being the sole shareholder of the Corporation, as evidenced by its signature hereto in accordance with the provisions of the OBCA, this 28th day of May, 2019.
Yea: Nina Bifolchi, Sylvia Bray, Joe Belanger, David Foster, George Watson, Mark Kinney, and Stan Wells CARRIED. 7-0 on a recorded vote
COU-2019-08-15
Moved by Stan Wells Seconded by Mark Kinney
That Council amends appointment by-law 2018-98 to reflect the changes made by the Special Resolutions of the Shareholder at this meeting.
Yea: Nina Bifolchi, Sylvia Bray, Joe Belanger, David Foster, George Watson, Mark Kinney, and Stan Wells CARRIED. 7-0 on a recorded vote
8 NOTICES OF MOTION 8.1) Councillor Belanger - Notice of Motion Re: Independent Third Party Economic Impact Study completed on the potential Library & Double Pad Arena short list locations.
Page 8 of 12
Page 15 of 125 Motion to request that an independent third party economic impact study be completed on the potential Library & Double Pad Arena short listed locations to determine which locations provides the maximum economic benefit for the Town of Wasaga Beach. There are still many residents and local business people that believe a site in the vicinity of Main Street is the best possible location related to long term economic benefit, as well as being a major catalyst for redevelopment & revitalization of the beach front and Main Street Downtown area. Study to be completed and reviewed by staff and Council prior to any final decision being made on the Library and Double Pad Arena locations.
9 COMMUNITY ANNOUNCEMENTS
Members of Council shall be permitted a maximum of two minutes each in order to make statements which are intended for the purpose of sharing information about events/activities/functions and general work of members and such updates shall not be reflected in the minutes of the meeting.
10 CALLING OF COMMITTEE MEETINGS
The CAO reviewed the meeting dates for the month of June.
11 QUESTION PERIOD A fifteen (15) minute session wherein persons in attendance at the Regular Meeting of Council have an opportunity to raise questions pertaining to items that were dealt with by Council on the evening's Agenda. 11.1) Patrice McCammon - 35 Savannah Crescent
Re: financial statements and age of infrastructure in the community. Wasaga Beach is between 6-8% business taxation. I would like to know what the Town is doing to build its business base and support the business community.
Mayor Bifolchi and the Director, Finance and Treasurer addressed this question.
11.2) Faye Ego – 778 Eastdale Drive
Re: A local business operating in Town. Since the matter was not listed on the Agenda the question was not entertained and the individual was instructed to contact staff with questions.
12 REPORTS FROM CLOSED SESSION 12.1) Regular Meeting of Council – April 30, 2019 – Closed Session Minutes
12.2) Coordinated Committee – May 9, 2019 – Closed Session Minutes
COU-2019-08-16
Page 9 of 12
Page 16 of 125 Moved by Mark Kinney Seconded by Stan Wells
Resolved that Council receive the following Closed Session Reports as circulated and approve all actions contained therein:
Regular Council Closed Session Report of April 30, 2019
Coordinated Committee Closed Session Report of May 9, 2019
Yea: Nina Bifolchi, Sylvia Bray, Joe Belanger, David Foster, George Watson, Mark Kinney, and Stan Wells CARRIED. 7-0 on a recorded vote
13 BY-LAWS AND CONFIRMATORY BY-LAW 13.1) 2019-55 A By-law to appoint a seasonal Municipal Law Enforcement Officer for the Town of Wasaga Beach
13.2) 2019-56 A By-law to adopt the Terms of Reference for the Youth Advisory Council
13.3) 2019-57 A By-law to authorize a Memorandum of Understanding (MOU) between the Town of Wasaga Beach and Baseload Power Corp.
13.4) 2019-58 A By-law to authorize the execution of a Lease Agreement - 12 Main St. Unit 3B, in the Main Street Market.
13.5) 2019-59 A By-law to authorize the execution of a Lease Agreement - 12 Main St. Unit 7S, in the Main Street Market.
13.6) 2019-60 A By-law to authorize the execution of a Lease Agreement - 12 Main St. Unit 10N, in the Main Street Market.
13.7) 2019-61 A By-law to authorize the execution of a Lease Agreement - 12 Main St. Unit 11R, in the Main Street Market.
13.8) 2019-62 A By-law to authorize the execution of a Lease Agreement - 12 Main St. Unit 12J, in the Main Street Market.
13.9) 2019-63 A By-law to authorize the execution of a License Agreement - 21 Main St.
13.10) 2019-64 A By-law to authorize the execution of a Lease Agreement - 115 Beach Dr. Unit 7.
13.11) 2019-65 A By-law to amend the established fees and charges to be collected by the Corporation of the Town of Wasaga Beach.
13.12) 2019-66 A By-law to authorize an Agreement between the Town of Wasaga Beach and the Corporation of the County of Simcoe for the provision of Wildland Firefighting Services.
COU-2019-08-17
Page 10 of 12
Page 17 of 125 Moved by Stan Wells Seconded by Mark Kinney
Resolved that the following By-Laws be received and be deemed to have been read a first, second and third time, passed and numbered as follows:
2019-55 - to appoint a seasonal Municipal Law Enforcement Officer for the Town of Wasaga Beach
2019-56 - to adopt the Terms of Reference for the Youth Advisory Council
2019-57 - to authorize a Memorandum of Understanding (MOU) between the Town of Wasaga Beach and Baseload Power Corp.
2019-58 - to authorize the execution of a Lease Agreement - 12 Main St. Unit 3B, in the Main Street Market.
2019-59 - to authorize the execution of a Lease Agreement - 12 Main St. Unit 7S, in the Main Street Market.
2019-60 - to authorize the execution of a Lease Agreement - 12 Main St. Unit 10N, in the Main Street Market.
2019-61 – to authorize the execution of a Lease Agreement - 12 Main St. Unit 11R, in the Main Street Market.
2019-62 - to authorize the execution of a Lease Agreement - 12 Main St. Unit 12J, in the Main Street Market.
2019-63- to authorize the execution of a License Agreement - 21 Main St.
2019-64 - to authorize the execution of a Lease Agreement - 115 Beach Dr. Unit 7.
2019-65 - to amend the established fees and charges to be collected by the Corporation of the Town of Wasaga Beach.
2019-66 - to authorize an Agreement between the Town of Wasaga Beach and the Corporation of the County of Simcoe for the provision of Wildland Firefighting Services
Yea: Nina Bifolchi, Sylvia Bray, Joe Belanger, David Foster, George Watson, Mark Kinney, and Stan Wells CARRIED. 7-0 on a recorded vote
13.13) 2019-67 A By-law to confirm the proceedings of the Council of the Corporation of the Town of Wasaga Beach at its Regular meeting held Tuesday, May 28, 2019.
COU-2019-08-18 Page 11 of 12
Page 18 of 125
Moved by Mark Kinney Seconded by George Watson
RESOLVED THAT a By-law to confirm the proceedings of the Council of the Corporation of the Town of Wasaga Beach at its Regular meeting held Tuesday, May 28, 2019, be received and be deemed to have been read a first, second and third time, passed and numbered No. 2019-67.
Yea: Nina Bifolchi, Sylvia Bray, Joe Belanger, David Foster, George Watson, Mark Kinney, and Stan Wells CARRIED. 7-0 on a recorded vote
14 ADJOURNMENT
Mayor Bifolchi adjourned the meeting at 8:37 p.m.
Dina Lundy, Director, Legislative Services & Clerk
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Page 19 of 125 Click to edit Master title style
CGMH Redevelopment Overview
Page 20 of 125 Town of Wasaga Beach
June 25, 2019
INCLUSIVE CARING ACCOUNTABLE RESPECTFUL EXCELLENCE ADAPTABLE TEAMWORK Click toHospital edit Master Visits bytitle Area style
Town of Info requested for Total for All Grey Simcoe Other Grey Blue Wasaga fiscal year 2017/18 Residence Codes County County County Highlands Mountains Collingwood Beach Clearview
Inpatient Admissions (not including newborns) 4,620 366 4019 235 100 180 1704 1496 642 Emergency Visits 37,113 2,160 30,259 4,694 598 1,157 13,059 10,596 5,426 O.R. Procedures - SDC 4,866 498 4,143 225 93 259 1,685 1,399 674 Newborns 500 102 381 17 48 21 166 94 97 Outpatient visits (not 25,935 3,238 21,663 1,034 473 1,846 9,014 7,403 3,489 including DI and Lab
Page 21 of 125 Diagnostic Imaging Tests 24,808 3,095 21,238 475 525 1,930 9,671 6,815 3,940
Lab Tests (DTLAB) 924 117 791 16 21 61 447 169 138 Date Required Sep 4/18 Sep 4/18 Sep 4/18 Sep 4/18 Sep 4/18 Sep 4/18 Sep 4/18 Sep 4/18 Sep 4/18 INCLUSIVE CARING ACCOUNTABLE RESPECTFUL EXCELLENCE ADAPTABLE TEAMWORK Click toAgeing edit Master Infrastructure title style Page 22 of 125
INCLUSIVE CARING ACCOUNTABLE RESPECTFUL EXCELLENCE ADAPTABLE TEAMWORK ClickRedevelopment to edit Master Timelines title style
• October 15, 2014 - RFP for Stage 1 (Master Program & Master Plan) issued. • January 30, 2015 – Retained consultants and began Stage 1 work. • September 30, 2016 - Stage 1 submitted to the Ministry. • May 12, 2017 - Received first set of comments back from Ministry. • August 23, 2017 – CGMH provided response to comments. • August 13, 2018 - Received $500K planning grant and request from Ministry to refresh Stage 1 information.
Page 23 of 125 • April, 2019 – CGMH is officially listed within the Provincial Budget • April, 2019 – Submit a refreshed Stage 1 Proposal
INCLUSIVE CARING ACCOUNTABLE RESPECTFUL EXCELLENCE ADAPTABLE TEAMWORK
HospitalClick Capital to edit Planning Master Processtitle style
Public/capital fundraising campaign Construction Grant
WE ARE HERE
Stage 1 Stage 2 Stage 3 Stage 4
Pre-Capital Functional Preliminary Working Stage 5 (Part A & Proposal Program Design Drawings B) (Part A & (Part A & Or Output Or Output Implementation B) B) Specifications Specifications
Review and Review and Review and Review and approval of blocks and Review and approval support of approval of approval of Stage 2 sketch plans; approval to proceed to tender & Pre-Capital Stage 1 Functional to working drawings OR implement/ issue RFP Submission Submission Program blocks/output specifications OR approval to award construction contract/
Page 24 of 125 Project Agreement Requires Requires Requires Government Government Government approval to approval to approval to plan plan construct
INCLUSIVE CARING ACCOUNTABLE RESPECTFUL EXCELLENCE ADAPTABLE TEAMWORK Click to edit StageMaster 1 Refreshtitle style Page 25 of 125
INCLUSIVE CARING ACCOUNTABLE RESPECTFUL EXCELLENCE ADAPTABLE TEAMWORK Click to editPopulation Master Growthtitle style
Sources: Statistics Canada 2016 Census, MOF Population Projections, Spring 2017 Release Page 26 of 125
INCLUSIVE CARING ACCOUNTABLE RESPECTFUL EXCELLENCE ADAPTABLE TEAMWORK WeightedClick to edit Population Master Growthtitle style
Sources: DAD 2017, Statistics Canada 2016 Census, MOF Population Projections, Spring 2017 Release Page 27 of 125
INCLUSIVE CARING ACCOUNTABLE RESPECTFUL EXCELLENCE ADAPTABLE TEAMWORK FutureClick Planning to edit Assumptions Master title- Overall style
100% Page 28 of 125
INCLUSIVE CARING ACCOUNTABLE RESPECTFUL EXCELLENCE ADAPTABLE TEAMWORK FutureClick toPlanning edit Master Assumptions title style- DI Page 29 of 125
INCLUSIVE CARING ACCOUNTABLE RESPECTFUL EXCELLENCE ADAPTABLE TEAMWORK FutureClick Planning to Assumptionsedit Master – Other title Services style
More single patient rooms
More state- of-the art operating Page 30 of 125 rooms
INCLUSIVE CARING ACCOUNTABLE RESPECTFUL EXCELLENCE ADAPTABLE TEAMWORK Click to edit MasterWhat’s Changed title style?
Current 2021/22 2026/27 2036/37
Original Refresh Original Refresh Original Refresh Submission Submission Submission Submission Submission Submission Page 31 of 125
70 Beds 103 Beds 99 Beds 120 Beds 119 Beds 152 Beds 159 Beds
INCLUSIVE CARING ACCOUNTABLE RESPECTFUL EXCELLENCE ADAPTABLE TEAMWORK What’sClick Changed? to edit – Space Master Requirements title style
Current 2021/22 2026/27 2036/37
Original Refresh Original Refresh Original Refresh Submission Submission Submission Submission Submission Submission
135,176 310,618 334,551 335,951 371,336 391,195 423,598 Page 32 of 125 SQFT SQFT SQFT SQFT SQFT SQFT SQFT 7.7% 10.5% 8.2%
INCLUSIVE CARING ACCOUNTABLE RESPECTFUL EXCELLENCE ADAPTABLE TEAMWORK Click to edit MasterPreferred title Sitestyle Page 33 of 125
INCLUSIVE CARING ACCOUNTABLE RESPECTFUL EXCELLENCE ADAPTABLE TEAMWORK ClickLocal to Shareedit Master Requirements title style
Government funds 90% of: • Construction costs • Ancillary costs (design, consultants, etc.) • Contingency costs
Community funds: • Remaining 10% of above • 100% of equipment/furnishings Page 34 of 125 • 100% of any revenue generating space • 100% of site acquisition & preparation INCLUSIVE CARING ACCOUNTABLE RESPECTFUL EXCELLENCE ADAPTABLE TEAMWORK
Click to edit MasterNext title Steps style
• Upcoming meeting with the Capital Branch of the Ministry of Health and Long-Term Care.
• Still require Stage 1 approval to move to Stage 2 of the 5 Stage process.
Page 35 of 125 • Hopeful for Minister of Health visit in the near future. INCLUSIVE CARING ACCOUNTABLE RESPECTFUL EXCELLENCE ADAPTABLE TEAMWORK Click to edit Master title style
Questions Page 36 of 125
INCLUSIVE CARING ACCOUNTABLE RESPECTFUL EXCELLENCE ADAPTABLE TEAMWORK Principles Integrity
Final Recommendation Report of the Integrity Commissioner Conflict of Interest Complaint against Councillor Belanger
June 3, 2019
Introductory Comments
[1] Principles Integrity was appointed the Integrity Commissioner for the Town of Wasaga Beach February 1, 2018 by the adoption of By-law Number 2018-14. We are also privileged to serve as Integrity Commissioner for a number of other Ontario municipalities. The operating philosophy which guides us in our work with all of our client municipalities is this:
The perception that a community’s elected representatives are operating with integrity is the glue which sustains local democracy. We live in a time when citizens are skeptical of their elected representatives at all levels. The overarching objective in appointing an integrity commissioner is to ensure the existence of robust and effective policies, procedures, and mechanisms that enhance the citizen’s perception that their Council (and local boards) meet established ethical standards and where they do not, there exists a review mechanism that serves the public interest.
[2] The Town of Wasaga Beach has as part of its ethical framework a Code of Conduct which is the policy touchstone underlying the assessments conducted in this report. It represents the standard of conduct against which all members of Council are to be measured when there is an allegation of breach of the ethical responsibilities established under the Code of Conduct. The review mechanism contemplated by the Code, one which is required in all Ontario municipalities, is an inquiry/complaints process administered by an integrity commissioner.
[3] Members of Town Council are also governed by the provisions of the Municipal Conflict of Interest Act. Both the Municipal Conflict of Interest Act (the MCIA) and the Code of Conduct are relevant to and form the framework for the matters reviewed in this report.
[4] Integrity commissioners carry out a range of functions for municipalities (and their local boards). They assist in the development of the ethical framework, for example by suggesting content or commentary for codes of conduct. They conduct education and training for members of council and outreach for members of the
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community. One of the most important functions is the provision of advice and guidance to members to help sort out ethical grey areas or to confirm activities that support compliance. And finally, but not principally, they investigate allegations that a person has fallen short of compliance with the municipality’s ethical framework and where appropriate they submit public reports on their findings, and make recommendations, including recommending sanctions, that council for the municipality may consider imposing in giving consideration to that report.
[5] It is important that this broad range of functions be mentioned at the outset of this investigation report. Our goal, as stated in our operating philosophy, is to help members of the Town of Wasaga Beach community, indeed the broader municipal sector and the public, to appreciate that elected and appointed representatives generally carry out their functions with integrity. In cases where they do not, there is a proper process in place to fairly assess the facts and, if necessary, recommend appropriate sanctions. In every case, including this one, the highest objective is to make recommendations that serve the public interest, if there are recommendations to be made.
[6] This being our function, as Integrity Commissioner we play an important role in the administration of justice, including with respect to the oversight given members of Councils and of local boards with respect to the avoidance of conflicts of interest.
[7] As noted later in this report, prior to March 1, 2019 a person who believed a member had breached the Municipal Conflict of Interest Act would have been required to apply to the courts to seek the imposition of a penalty under that Act. As of March 1st, Integrity Commissioners have standing to make that application on behalf of the complainant.
[8] While there may be circumstances where integrity commissioners will seek that a penalty be applied by the courts under the MCIA, we importantly have the jurisdiction to instead investigate such complaints as breaches of a municipal code of conduct. In doing so we balance the nature of the penalty that best serves the public interest (for example, only the courts can remove a member from office; both the courts and the integrity commissioner have the jurisdiction to address the suspension of a member’s pay for up to three months1).
[9] The choice made by the integrity commissioner is an important one. In each case we are to decide whether the circumstances are such that it is in the public interest to incur the costs and complications of an application to the courts (and thus also burden an otherwise busy court system with another matter on the docket) or to apply administrative law principles in carrying out a review function under the code of conduct to determine whether a member has breached provisions with respect to the avoidance of conflicts.
1 Generally speaking, the courts can impose the penalty whereas an integrity commissioner can recommend to council that the penalty be imposed
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[10] Our role differs from other ‘adjudicators’ whose responsibilities generally focus, to state it colloquially, on making findings of fact and fault. While that is a necessary component when allegations are made, it is not the only component.
[11] Our operating philosophy dictates the format of this report. The tenets of procedural fairness require us to provide reasons for our conclusions and recommendations, and we have done that. Procedural fairness also requires us to conduct a process where parties can participate in the review and resolution of a complaint.
[12] In this regard, we have assessed the information fairly, in an independent and neutral manner, and have provided an opportunity to the respondent named in this Report to respond to the allegations, and to review and provide comment on our preliminary findings
The Complaint
[13] On March 25, 20192 we received a complaint against Councillor Belanger from Wasaga Beach Deputy Mayor Sylvia Bray. The complaint asserts that the Councillor breached the MCIA and/or the Code of Conduct in respect to two separate matters.
[14] The first violation allegedly occurred March 14, 2019 at Committee of the Whole when the Councillor participated and voted on the granting of financial support to the Stayner Granite (Curling) Club while a member of that organization.
[15] The second violation allegedly occurred March 21, 2019 when the Councillor participated in an in-camera session at which legal advice was provided regarding by-law enforcement activities against the Marlwood Golf & Country Club, while a member of that organization.
[16] It was Councillor Bray’s view that the matters warranted investigation – that she and other members of council were shocked that Councillor Belanger would participate in circumstances where he had such an ‘obvious’ interest.
Process Followed for this Investigation
2 Councillor Bray’s assertions of breach of the Municipal Conflict of Interest Act were set out in a statutory declaration dated the same day. The filing of a statutory declaration is a necessary step in proceedings under that statute, though it was ultimately our decision that the public interest was best served by proceeding under the Code of Conduct only.
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[17] In conducting this investigation, Principles Integrity applied the principles of procedural fairness and was guided by the complaint process set out under the Code of Conduct and the legislative process contained in the MCIA.
[18] This fair and balanced process includes the following elements:
• Reviewing the complaint to determine whether it is within scope and jurisdiction and in the public interest to pursue, including giving consideration to whether the complaint should be restated or narrowed, where this better reflects the public interest
• Notifying the Respondent of the complaint against him where proceeding on investigation, and providing adequate disclosure of the information we possessed so that he could prepare his response
• Reviewing the Code of Conduct and the Municipal Conflict of Interest Act, and documentation including reports, meeting minutes, and reviewing relevant online archived meetings
• Conducting interviews of persons with information relevant to the complaint
• Providing the Respondent with the additional opportunity to review and provide responses to the Integrity Commissioner’s draft Findings Report, discussing that report with him, and taking any additional response into consideration prior to finalizing and submitting our Recommendation Report
Analysis of Complaints:
Background and Context:
[19] On March 14, 2019 the Coordinated Committee had before it for consideration the Director, Finance and Treasurer’s Report Re: Municipal Grant Program 2019 Allocations. This was Item 6.5.4 on that Report. The report includes as Appendix A a list of organizations who have requested municipal grant support for 2019, and the amount requested. One of those organizations listed is Stayner Granite Curling Club. The amount of the grant applied for is $5,000.
[20] At the Committee meeting, Councillor Belanger, as Chair, read into the record the declaration of interest made by Councillor George Watson who disclosed that he was a member of the Stayner Granite Curling Club and therefore recused himself from participating in the vote on the grant to that organization. Councillor Belanger did not declare an interest in the matter, and participated in the vote on the entire grant allocation.
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[21] On March 21, 2019 the Committee of the Whole moved into closed session (in camera) to receive legal advice and an update regarding enforcement activity, including prosecution, against the Marlwood Golf and Country Club. Item 6.1 of the Closed Session Agenda is entitled Tree Cutting By-law and Marlwood Enforcement, and is noted as being in Closed Session pursuant to s.239(2)(f) of the Municipal Act as advice that is subject to solicitor-client privilege. The external municipal solicitor, and the private prosecutor retained by the Town attended to provide legal advice and an update on enforcement activity. Councillor Belanger did not declare an interest in the matter, remained in the meeting room during the closed session, and participated in the discussion on the matter.
Municipal Conflict of Interest Act - Indirect Pecuniary Interest
[22] Members of Council and local boards are subject to subsections 5(1) and 5(2) of the Municipal Conflict of Interest Act. Those sections require that members not participate in or vote on any matter, where they have a direct, indirect or deemed pecuniary interest. Where the matter under consideration takes place in a closed session, the Act requires the member to not be present.
[23] An indirect pecuniary interest is defined under section 2, as follows:
2. For the purposes of this Act, a member has an indirect pecuniary interest in any matter in which the council … is concerned, if (a) the member … (iii) is a member of a body that has a pecuniary interest in the matter (emphasis added)
[24] A decision to provide a grant to an organization is a pecuniary interest to that organization. If Councillor Belanger was a member of the Stayner Granite Curling Club (the Curling Club) at the time of the grant application before Committee, then Councillor Belanger, as a member of the ‘body that has a pecuniary interest’, had an indirect pecuniary interest in the matter. Simply put, if Councillor Belanger was a member of the Curling Club at the time of consideration of the grant application, he had an obligation to declare the interest and to recuse himself from participating and voting on that grant.
[25] The Marlwood Golf and Country Club (the Golf Club) has been under prosecution for violation of the Tree Cutting By-law and an Order to undertake tree restoration on the property. Both a prosecution and tree restoration order expose the Golf Club to financial implications and therefore constitute a pecuniary interest to the Golf Club. If the Councillor was a member of the Golf Club at the time of the closed session legal advice and enforcement update, then he had an indirect pecuniary interest in the matter, and as such had an obligation to declare the
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interest and to recuse himself from participating in the matter. As the matter was being discussed in closed session, he would also have an obligation to leave the room, so as not to be privy to the discussion.
[26] Councillor Belanger provided the following explanations for his decision not to declare an interest on each of these matters:
[27] With respect to the Curling Club, the Councillor advised that while he was a member of the Curling Club for the current year, they were at the end of the season and he had already given notice to the club executive that he would not be renewing his membership for the next season. As he is not a member of the executive, nor does he participate on any committees of the Curling Club, he believes he was not in a conflict of interest.
[28] With respect to the Golf Club, the Councillor advised that the tree cutting offence, which was the subject-matter of the closed session legal and prosecution update, had occurred some time ago. He was not a member of the Golf Club at the time of the offence, and has not been a member during the preceding five or six years. He had only just purchased a membership late last year, and as the club had not yet opened for the season, in his view the membership had not taken effect at the time of the March 21, 2019 meeting at which the matter was discussed. He advised that he had not even completed the required membership documents. As such, he believes he was not a member at the time of the meeting, and as such, believes he was not in conflict of interest.
[29] The MCIA is the governing legislation, and provides a statutory framework for determining when a member of municipal council (or local board) may be in a conflict of interest. Until recently, the only remedy available to an elector seeking a determination of whether a member of council has contravened the MCIA required an application to court.
Recent Amendments to MCIA Allow Complaint to Integrity Commissioner
[30] Recent amendments to the MCIA which came into force March 1, 2019 enable an applicant to pursue a remedy by making application to the municipality’s Integrity Commissioner.
[31] The legislature has seen fit to provide citizens with a less costly and more expeditious remedy, by authorizing an Integrity Commissioner to respond to applications under the MCIA. It is through this mechanism that the complainant/applicant brought this allegation to our attention for review and investigation.
[32] The relevant provisions under the Municipal Act are as follows:
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Inquiry by Commissioner re s.5, 5.1 or 5.2 of Municipal Conflict of Interest Act
223.4.1 (1) This section applies if the Commissioner conducts an inquiry under this Part in respect of an application under subsection (2).
(2) An elector, as defined in section 1 of the MCIA, or a person demonstrably acting in the public interest may apply in writing to the Commissioner for an inquiry to be carried out concerning an alleged contravention of section 5, 5.1 or 5.2 of that Act by a member of council or a member of a local board.
[33] The purpose of the MCIA was articulated recently in 2018 decisions of the Superior Court in the cases Rivett v. Braid and Cooper v. Wiancko involving the Southeast Georgian Bay Chamber of Commerce (referenced as the SEGBAY cases) which cited the description of the MCIA purpose found in Adamiak v. Callaghan, as follows:
“The Municipal Conflict of Interest Act is legislation enacted by the Province of Ontario to maintain transparency in municipal decision making. The purpose and objective behind the MCIA is to ensure that elected municipal officials do not profit or seek unfair benefit because of the office they hold when called upon to vote on matters in which they may have a direct or indirect interest. The legislation provides a mechanism for any citizen … to bring an application against the municipal councillor if there is a perceived breach of this statutory protocol.”
[34] The courts have interpreted the provisions of the MCIA strictly. The statute has been described as “punitive in nature” and “being punitive in nature must be strictly construed”. (Re Verdun and Rupnow, 1980)
[35] Councillor Belanger has did not believe that he was a member of the Curling Club on March 14, 2019 when the Committee considered the grant applications which included the Curling Club as a grant applicant.
[36] The recent SEGBAY decisions are illustrative of the court’s interpretation around whether a member of an organization who intends not to renew their membership may rely on that intention in avoiding the conflict of interest obligations under the MCIA.
[37] In Cooper v. Wiancko, three members of council who were members of SEGBAY participated in the vote when Council gave SEGBAY a $5,000 grant. Two of the councillors submitted that they did not renew their memberships for the current year, did not pay their renewal fees due November 1st, 2016 and did not believe they were still members on January 9, 2017 when the grant application came before Council.
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[38] However, the members failed to follow the SEGBAY by-laws requiring written notice of resignation. The court strictly interpreted the requirements to find that the two members who believed they were no longer members of SEGBAY were, in fact, members in good standing on the relevant date. “Their subjective understanding of their membership status, even when confirmed by SEGBAY’s President, is not relevant to this question [of membership] although it may be relevant to other aspects of this analysis.” (Cooper v. Wiancko, para.75)
[39] So SEGBAY stands for the proposition that a strict interpretation of membership is appropriate.
[40] We find that Councillor Belanger was a member of the Curling Club on March 14, 2019 at the time the grant application was considered. The fact that he did not intend to renew his membership, and that it was the end of the season, does not in our view alter this fact.
[41] With respect to the Councillor’s membership in the Golf Club, it is his position that even though he had purchased the membership at the Rotary Club Gala late last year during a live auction, and thereby clearly expressed the intention of being a member, he had not yet completed the required documentation, and the membership ‘does not take effect until the club opens later this spring’.
[42] In our view, the Councillor’s positions are internally inconsistent. It is inconsistent for him to believe his intention to end his membership with the Curling Club relieved him of an indirect interest as a member of that club, while his intention, and payment, to join the Golf Club did not impose on him an indirect interest as a member of that club.
[43] A reasonable person, fully aware of the facts and circumstances, would conclude that a person who has paid the membership fee for a golf club, absent any indication that there would be a barrier3 to joining beyond the payment of the fee, would reasonably be considered a ‘member’ even though the registration paperwork has yet to be completed and even though the golf season has yet commence.
[44] We find therefore that the Councillor was, on the facts before us, and for the purpose of determining whether he had a conflict of interest, a member of both clubs on the pivotal dates.
3 There is no indication that memberships are dependent on anything but the payment of the fee
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Code of Conduct
[45] As noted above, in addition to the MCIA members of Council are governed by their Code of Conduct. The Code of Conduct adopted by Council for the Town of Wasaga Beach requires members to avoid conflicts of interest and directs members to the prohibitions contained in the MCIA. The Code addresses the broader common law concept of conflicts of interest, and requires members to refrain from participating in decision-making processes when they have a ‘disqualifying interest’ in a matter.
[46] A ‘disqualifying interest’ is defined in the Code as:
“an interest in a matter that, by virtue of the relationship between the Member of Council and other persons or bodies associated with the matter, is of such a nature that reasonable persons fully informed of the facts would believe that the Member of Council could not participate impartially in the decision-making processes related to the matter.”4
[47] The Code of Conduct also provides extensive commentary to guide members in understanding their obligations under the Code. The commentary under the provision dealing with avoiding conflicts of interest encourages members to seek advice from the Integrity Commissioner regarding potential conflicts of interest.
[48] Having found that the Curling Club had a pecuniary interest in the matter of the $5,000 grant under consideration by Council, we find that the respondent
4 The operative provisions read as follows: 1. Members of Council shall not participate in the decision-making processes associated with their office when prohibited to do so by the Municipal Conflict of Interest Act. 2. Members of Council shall not participate in the decision-making processes associated with their office when they have a disqualifying interest in a matter. 3. For greater certainty: a. Members of Council shall not participate in the decision-making processes associated with their office when they have a direct, indirect or deemed pecuniary interest in a matter, except in compliance with the Municipal Conflict of Interest Act. b. Members of Council shall not participate in the decision-making processes associated with their office when they have an interest that though in compliance with the Municipal Conflict of Interest Act, is nevertheless a disqualifying interest by virtue of the nature of the relationship between the Member and other persons or bodies to be affected by the decision.
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member, as a member of the Curling Club, had an indirect pecuniary interest in the matter by operation of law under the MCIA. The fact that he had decided not to renew his membership the following year did not relieve him of this interest. At the time the grant was under consideration before Committee, he was a member.
[49] Similarly, having found that the Golf Club had a pecuniary interest in the matter of enforcement by the Town against the Golf Club for violation of the Tree Cutting By-law, we find that the respondent member, as a member of the Golf Club, had an indirect pecuniary interest in the matter by operation of law under the MCIA. The fact that he had only recently become a member, and that the club had not yet opened for the season, did not relieve him of this interest. At the time the legal update regarding prosecution of the Golf Club was provided, in closed session, he was a member.
[50] Even if the Councillor were correct in his assertions - that his intention not to renew membership in the Curling Club or that his membership in the Golf Club had not yet taken effect – the Code of Conduct applies a common law approach to conflicts of interest. That approach, guided by common law jurisprudence, invokes the “reasonable person” test: what would a reasonably well-informed person believe about whether the member could participate impartially in a decision on the matter?
[51] Would a reasonably well-informed person believe that the Councillor, as an out- going member of the Curling Club, would be able to impartially consider the Curling Club’s request for a $5,000 grant during consideration of the allocation and distribution of finite grant funds? Put another way, might a reasonable person believe the Councillor could favour the club in which he was a member?
[52] We think that a reasonably well-informed person would believe that the Councillor might favour his own club, even if he were not intending on continuing his membership. On this basis, we find that even if the Councillor’s membership had concluded in the days just prior to the date in question (which we do not find is the case), his failure to declare a disqualifying interest represents a violation of the Code of Conduct.
[53] Similarly, would a reasonably well-informed person believe that the Councillor, as an in-coming member of the Golf Club, be able to impartially consider the enforcement action against the Golf Club? It is not inconceivable that the financial impacts of enforcement – a fine, any appeal, a tree restoration order – would potentially impact membership through fees. Might a reasonable person believe the Councillor could favour the club in which he was a member in any instructions the Town might give, in that regard?
[54] We think that a reasonably well-informed person would believe that the Councillor might favour his new club. On this basis, we find that even if the Councillor’s
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membership paperwork had not yet been completed on the date in question, his failure to declare a disqualifying interest represents a violation of the Code of Conduct.
[55] We find that the Councillor’s participation in both the consideration of the grant application regarding the Curling Club, and the closed session meeting at which the legal update was provided regarding the prosecution of the Golf Club, caused the Councillor to be in a conflict of interest in contravention of the MCIA and under the Code of Conduct.
No Application Will Be Made to Court By the Integrity Commissioner
[56] The MCIA authorizes the Integrity Commissioner to bring an application before the court, whereby a judge may impose sanctions beyond those within the jurisdiction of the Integrity Commissioner to recommend. Where the Integrity Commissioner determines that no such application is to be brought, the applicant/complainant is to be advised and reasons for such decision must be published. The relevant provisions of the MCIA are as follows:
223.4.1 (15) Upon completion of the inquiry, the Commissioner may, if he or she considers it appropriate, apply to a judge under section 8 of the Municipal Conflict of Interest Act for a determination as to whether the member has contravened section 5, 5.1 or 5.2 of that Act.
(16) The Commissioner shall advise the applicant if the Commissioner will not be making an application to a judge.
(17) After deciding whether or not to apply to a judge, the Commissioner shall publish written reasons for the decision.
[57] Under the Municipal Act, following an investigation of a contravention by a member of council, the sanctions which an Integrity Commissioner may recommend are: • A reprimand • Suspension of remuneration paid to the member for up to 90 days
[58] Under the MCIA, following a determination of contravention of the MCIA by a member of council, the sanctions which a judge may impose are: • A reprimand • Suspension of remuneration paid to the member for up to 90 days • Declaring the member’s seat vacant • Disqualifying the member from being a member for up to seven years • If personal financial gain has resulted, requiring the member to make restitution
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[59] As statutory officers carrying out an administration of justice function we are charged with the responsibility to choose which route to follow. Are the circumstances such that court time and legal expense should be incurred to seek a remedy only the courts can impose, or is it a case where the Integrity Commissioner should review the matter and if it is in the public interest to do so, make recommendations to Council for the imposition of a recommended sanction, if any?
[60] It is apparent that, unless removal from office is sought, or unless a member who has benefited financially is refusing to voluntarily disgorge such profits, it is not in the public interest for the Integrity Commissioner to pursue additional sanctions by way of application to a judge.
[61] It is our view that no such additional sanctions are warranted in the circumstances of this case, and therefore no such application will be pursued. The Integrity Commissioner has advised the complainant/applicant, as required by the legislation, that no application will be made by the Integrity Commissioner to a judge in this matter.
Summary of Findings
[62] We find that the Councillor had a conflict of interest when he failed to declare an interest and participated in the vote on the $5,000 grant application by the Curling Club, because he was a member of that body. We find that this contravened both the MCIA and the Code of Conduct.
[63] We find that the Councillor had a conflict of interest when he failed to declare an interest and participated in a closed session where a legal and prosecution update was provided regarding enforcement activity against the Golf Club, because he was a member of that body. We find that this contravened both the MCIA and the Code of Conduct.
[64] While we do not find that these contraventions warrant an application to a judge, they do warrant a sanction.
[65] An Integrity Commissioner’s investigation report is not simply the conclusion of a technical exercise to determine whether there has been a breach of codified standards of behaviour. This report is not simply the sum total of analysis of fact and law. Our role is more than simply the task of bringing adjudication to grievances between individuals. As noted at the outset, we see as our highest objective in concluding an investigation to be the making of recommendations that serve the public interest.
[66] In our view it is in the public interest to discourage members of council from failing to recognize and understand their obligations under both the MCIA and the Code
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of Conduct. In our view, the Councillor’s failure to seek advice, before deciding on his own that he was not in a conflict on either of these situations, was misguided and ill-advised.
[67] While Integrity Commissioners are not the only source of guidance when confronted with ambiguity or a ‘grey’ area in interpreting members’ obligations under the MCIA or the Code of Conduct, an important purpose in the new legislative framework of making an Integrity Commissioner available to municipal councillors is to encourage members to seek competent advice in a timely manner. Education and advice are equally if not more important aspects of this accountability office as investigations.
[68] Nevertheless, the public looks to the Integrity Commissioner as a mechanism to remind members of their obligations, to provide course correction where possible, to recommend sanctions if applicable. In the matters addressed in this report, members are reminded to obtain advice if faced with facts where their membership in an organization may give rise to an indirect interest, before participating in the matter under consideration.
[69] Following the Councillor’s review of our Preliminary Findings Report, we took the opportunity to explain the appropriate interpretation of the conflict of interest obligation. In particular, it is important for Members to understand that an interest arises whenever a Member of Council has before them a matter which is of pecuniary interest to a club, association or other body in which the Member has membership.
[70] The Member’s obligation is to comply with both the MCIA and the Code of Conduct. Indeed the Code of Conduct makes this clear by incorporating as one of the operative provisions under Rule 1, Avoidance of Conflicts of Interest:
1. Members of Council shall not participate in the decision-making processes associated with their office when prohibited to do so by the Municipal Conflict of Interest Act. …
[71] As the Code requires, we place ourselves in the shoes of the ‘Reasonable Person’ in order to draw our conclusions. The reasonable person test is an objective test long understood in law. The test asks us to consider “what would a reasonable person, fully informed of the facts” believe. Our findings show that a fully informed reasonable person would conclude:
With respect to the Curling Club membership:
• That Councillor Belanger was a member of the Stayner Granite (Curling) Club on March 14, 2019. Notwithstanding his intention not to renew his membership, and the fact that he did not serve in any management capacity
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Page 49 of 125 Principles Integrity
in the organization, he was a member of the organization at that time. (A reasonable person would also conclude, though it would not be necessary to do so, that the curling season in any event had not yet ended, the club calendar showing events through to the end of March). • That even under the more strict interpretation of membership as shown in the SEGBAY decisions, a court, were it asked to determine the question of membership in an MCIA application (which is not the case here), would still find that the Councillor was a Member. • That the Stayner Granite (Curling) Club had a pecuniary interest in the grant application involved in the March 14, 2019 decision of Council. • That by operation of law (the MCIA), Councillor Belanger had a statutory conflict of interest when he participated in the March 14, 2019 decision of Council to grant funds to the Stayner Granite (Curling) Club while being a member of that body.
With respect to the Golf Club membership:
• That for the purpose of determining whether he had a conflict of interest, that Councillor Belanger became a member of the Marlwood Golf & Country Club when he paid to join the club in the fall, with the intention of becoming a member of the club. That having paid the amount for the membership fee in the fall, he had a membership status with the Club. • That the Marlwood Golf & Country Club had a pecuniary interest in the by-law enforcement activities being the subject of the March 21, 2019 closed meeting of Council. • That by operation of law (the MCIA), Councillor Belanger had a statutory conflict of interest when he participated in a closed meeting discussion on March 21, 2019 regarding by-law enforcement matters relating to the Marlwood Golf & Country Club, while being a member of that organization.
[72] Accordingly, Councillor Belanger was not in compliance with the Code of Conduct requirement to avoid conflicts of interest. He had, in both instances, a disqualifying interest and he failed to avoid the resulting conflict.
[73] It is not necessary that a matter will ‘put money in the Member’s pocket’ for a conflict of interest to arise. This is because the MCIA defines such matters as an indirect interest of the Member. There is no requirement or expectation that there be any quantifiable financial gain traced to the Members. Citizens, observing a club member on Council who participates in such a matter, are inevitably left to wonder whether the Councillor is favouring the club in which they are a member. The rule averts this entirely.
[74] Put another way, citizens should not have to decipher whether the Councillor is somehow motivated in their position by membership in a club, association or body. The rules are in place to obligate the Councillor in such situation to step
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away – without prompting, without quantifying, and without justifying. It is a simple, effective rule to protect the public interest.
[75] The reasonable person test is an objective test. It was not sufficient for Councillor Belanger to conclude, in his own mind, that the interests described above were not applicable to him; it was not sufficient for him to conclude that he was not affected by them when he participated in the discussions. Those subjective conclusions are insufficient to address the public interest imperative that Members of Council do their best to avoid what a reasonable person would conclude amounts to a conflict of interest.
[76] The Code provisions and the MCIA’s requirements were all matters that Council received training on. He knew that where clarification or interpretation was required, our office was available to provide advice. In the case of the Curling Club matter, he was in the chair when another member of Council made a declaration on the basis of his membership in the club. Even if the test was a subjective one, we see no basis for the Councillor’s conclusion that he did not have a disqualifying interest in the matters. At the very least, if he felt compelled to participate, he should have first reached out for advice.
[77] Further to our conversation with Councillor Belanger pertaining to our Preliminary Findings Report, we are hopeful that the Councillor’s obligations and opportunities to resolve them are now recognized and better understood.
Recommendations:
[78] The Integrity Commissioner may recommend that certain sanctions be imposed when a complaint has been sustained. The purpose of a sanction is to reinforce Council’s ethical framework.
[79] A monetary penalty, although not remedial, can serve as a deterrent.
[80] The rules around conflicts of interest under both the MCIA and the Code are in place to protect the public interest. The rules in place obligate the Member, finding himself in such situation, to step away – without prompting, without quantifying, and without justifying. It is a simple, effective rule to protect the public interest.
[81] In contemplating an appropriate sanction for the contraventions which arose by the Councillor’s failure to recognize and disclose the two conflicts of interest, we have considered the following:
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Page 51 of 125 Principles Integrity
• For all Members of Council, seeing a matter on the Agenda that involves any club, association or other body in which they hold membership should send up a red flag • Members of Council are in the best position to see the red flag – they know what clubs, associations and bodies in which they hold membership • When in doubt, Members should seek advice and guidance • With access to an Integrity Commissioner, there is no good reason not to obtain timely, reliable and binding advice • The public should be able to rely on Members to follow the rules, seek guidance where required, and act accordingly • Where a Member chooses to act contrary to the rules, either because they disagree with the rules, or because they choose not to seek advice, a sanction is appropriate and in the public interest
[82] With respect to our findings that Councillor Belanger was in a conflict of interest on two separate matters, contrary to both the MCIA and the Code, we recommend a 10-day suspension of pay.
[83] We therefore recommend:
1. That Council receive this report for information, and that it be posted on the Town of Wasaga Beach web site for public access;
2. That Council pass the following resolution:
That having been found to have breached the Municipal Conflict of Interest Act and the Code of Conduct for Members of the Council of the Town of Wasaga Beach, the remuneration paid by the Town to Councillor Belanger be suspended for a period of ten (10) days commencing with his next pay period.
We wish to conclude by publicly thanking those who participated in our investigation.
We will be pleased to be in attendance when this report is considered to answer any questions you may have relating to its contents.
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Page 52 of 125 MINUTES Committee of the Whole Meeting 1:00 PM - Thursday, May 30, 2019 Classroom
The Committee of the Whole of the Wasaga Beach was called to order on Thursday, May 30, 2019, at 1:00 PM, in the Classroom, with the following members present:
PRESENT: Councillor David Foster, Councillor George Watson, Councillor Joe Belanger, Councillor Mark Kinney, Mayor Nina Bifolchi, and Councillor Stan Wells ABSENT: Deputy Mayor Sylvia Bray
1 CALL TO ORDER
2 DISCLOSURE OF PECUNIARY INTEREST
3 DEPUTATIONS, PRESENTATIONS, PETITIONS & PUBLIC MEETINGS 3.1) Ontario Parks MNR Update - Master Plan & Maintenance
Mr. Greg Forbes and Ms. Meghan Pomeroy of the Ontario Provincial Parks will be in attendance to present to Committee an update on the Ontario Parks Master Plan & Maintenance/Management Plan. Mr. Forbes and Ms. Pomeroy addressed questions and comments of Committee.
COW-22-1-2019
Moved by Mark Kinney Seconded by George Watson
Resolved that Committee of the Whole receive the presentation from Ms. Meghan Pomeroy and Mr. Greg Forbes of the Ontario Provincial Parks pertaining to an update on the Ontario Parks Master Plan & Maintenance/Management Plan, for information.
Yea: David Foster, George Watson, Joe Belanger, Mark Kinney, Nina Bifolchi, and Stan Wells CARRIED. 6-0 on a recorded vote
4 CLOSED SESSION 4.1) Closed Session
COW-22-2-2019 Page 1 of 3
Page 53 of 125
Moved by Stan Wells Seconded by Mark Kinney
Resolved that Pursuant to Section 239 (2) (b) and (f) of The Municipal Act, 2001, as amended, the next portion of the Committee of the Whole meeting of May 30, 2019 be closed to the public to discuss personal matters about an identifiable individual,and to receive advice that is subject to solicitor-client privilege.
Yea: David Foster, George Watson, Joe Belanger, Mark Kinney, Nina Bifolchi, and Stan Wells CARRIED. 6-0 on a recorded vote
5 REPORTS FROM CLOSED SESSION 5.1) Legal Counsel Update Re: Legal Matter.- Section 239 (2) (f) of the Municipal Act, as amended, to receive advice that is subject to solicitor- client privilege.
COW-22-4-2019
Moved by Mark Kinney Seconded by Stan Wells
Resolved that Committee of the Whole receive the update from legal counsel pertaining to a legal matter, for information.
And further that Committee confirm the direction provided to legal counsel on the legal matter.
Yea: David Foster, George Watson, Joe Belanger, Mark Kinney, Nina Bifolchi, and Stan Wells CARRIED. 6-0 on a recorded vote
5.2) Senior Special Events Coordinator’s Report dated May 30, 2019 Re: Event Update: Section 239 (2) (b) of the Municipal Act, 2001, as amended, personal matters about an identifiable individual.
COW-22-5-2019
Moved by Stan Wells Seconded by Joe Belanger
Resolved that Committee of the Whole confirm the direction provided to the Senior Special Events Coordinator in Closed Session, pertaining to an event update.
Yea: David Foster, George Watson, Joe Belanger, Mark Kinney, Nina Bifolchi, and Stan Wells
Page 2 of 3
Page 54 of 125 CARRIED. 6-0 on a recorded vote
6 ADJOURNMENT
Mayor Bifolchi adjourned the meeting at 2:59 p.m.
Page 3 of 3
Page 55 of 125 MINUTES Special Council Meeting 3:00 PM - Thursday, June 13, 2019 Classroom
The Special Council of the Wasaga Beach was called to order on Thursday, June 13, 2019, at 3:00 PM, in the Classroom, with the following members present:
PRESENT: Councillor David Foster, Councillor George Watson, Councillor Joe Belanger, Councillor Mark Kinney, Deputy Mayor Sylvia Bray, Mayor Nina Bifolchi, and Councillor Stan Wells ABSENT:
1 CALL TO ORDER
2 DISCLOSURE OF PECUNIARY INTEREST
3 NEW BUSINESS 1) Senior Planner's report dated June 13, 2019 Re: Applications for Exemption to Plan of Common Elements Condominium PC - 02/17 and for Lifting of Part-Lot Control PL01/17 - ELM Wasaga Beach (2016) Inc. - Registered Plan 51M-1158, Blocks 48, 51 and 57
COU-09-1-2019
Moved by Mark Kinney Seconded by Joe Belanger
Resolved That Council approve the Lifting of Part-Lot Control to permit the division of Blocks 48, 51 and 57 on Plan 51M-1158, and that Council pass a by-law to give effect to such approval;
And that Council approve the requested Exemption to Plan of Common Elements Condominium for Blocks 48, 51 and 57 on Plan 51M-1158, subject to conditions as outlined in the staff report on applications PC02/17 and PL01/17, and listed in the draft Condominium Exemption By-law attached thereto;
And that the Director of Planning & Economic Initiatives be authorized to issue the Certificate of Exemption of the Condominium Description once Town staff are satisfied with the final version of the Condominium Declaration, and that Council pass a by-law to give effect to such authorization.
Yea: David Foster, George Watson, Joe Belanger, Mark Kinney, Sylvia Bray, Nina Bifolchi, and Stan Wells Page 1 of 5
Page 56 of 125 CARRIED. 7-0 on a recorded vote
2) Director, Library Services Report dated June 13, 2019 re: Preparation of Conceptual Site Plans for the New Library Shortlist Site Locations
CAO explained that the Town selected Cumulus Architects through a competitive RFP process for preparation of conceptual designs for the new library and arena site locations.
Mayor Bifolchi clarified that the arena and library will go through a separate RFP process once sites have been selected.
COU-09-2-2019
Moved by David Foster Seconded by Mark Kinney
That Council authorize staff and the Library Board to contract with Cumulus Architects for the preparation of conceptual library site plans for the shortlist site locations as a single source purchasing action;
Further, that the contract be funded through the Library Reserves earmarked for the new library’s design and planning process.
Yea: David Foster, George Watson, Mark Kinney, Sylvia Bray, Nina Bifolchi, and Stan Wells Nays/Abstained: Joe Belanger CARRIED. 6-1 on a recorded vote
4 CLOSED SESSION 1) Closed Session
COU-09-3-2019
Moved by David Foster Seconded by George Watson
Resolved that Pursuant to Section 239 (2) (a) of The Municipal Act, 2001, as amended, the next portion of the Special Council meeting of June 13, 2019 be closed to the public to discuss the security of the property of the municipality or local board.
Yea: David Foster, George Watson, Joe Belanger, Mark Kinney, Sylvia Bray, Nina Bifolchi, and Stan Wells CARRIED. 7-0 on a recorded vote
5 REPORTS FROM CLOSED SESSION Moved into open session at 4:14 p.m.
Page 2 of 5
Page 57 of 125 1) Assistant Beachfront Manager's Report dated June 13, 2019 re: Lease Matter, Beach Drive: Section 239 (2) (a) of the Municipal Act, 2001, as amended, the security of the property of the municipality or local board.
COU-09-5-2019
Moved by George Watson Seconded by David Foster
Resolved that Council confirm the direction provided to the Assistant Beachfront Manager in Closed Session pertaining to a Lease Matter, Beach Drive.
Yea: David Foster, George Watson, Joe Belanger, Mark Kinney, Sylvia Bray, Nina Bifolchi, and Stan Wells CARRIED. 7-0 on a recorded vote
2) Assistant Beachfront Manager's Report dated June 13, 2019 re: Proposed Lease Agreement, Mosley Street: Section 239 (2) (a) of the Municipal Act, 2001, as amended, the security of the property of the municipality or local board.
COU-09-6-2019
Moved by Sylvia Bray Seconded by David Foster
Resolved that Council confirm the direction provided to the Assistant Beachfront Manager in Closed Session pertaining to a Proposed Lease Agreement, Mosley Street.
Yea: David Foster, George Watson, Joe Belanger, Mark Kinney, Sylvia Bray, Nina Bifolchi, and Stan Wells CARRIED. 7-0 on a recorded vote
6 BY-LAWS AND CONFIRMATORY BY-LAW 1) 2019-68 A By-law to A By-law to exempt Blocks 48, 51 and 57 on Registered Plan 51M-1158 in the Town of Wasaga Beach, County of Simcoe from Part Lot Control (ELM Wasaga Beach (2016) Inc. – Georgian Sands Phase 1).
2) 2019-69 A By-law to A By-law to exempt a plan of condominium from applicable provisions of Sections 51 and 51.1 of the Planning Act (ELM Wasaga Beach (2016) Inc. – Georgian Sands Phase 1)
3) 2019-70 A By-law to amend By-law 2019-27 being a By-law to establish a wage grid for non-union employees (Value 1-13).
COU-09-7-2019
Page 3 of 5
Page 58 of 125
Moved by Sylvia Bray Seconded by David Foster
2019-68 to 2019-70
Resolved that the following By-laws be received and be deemed to have been read a first, second and third time, passed and numbered as follows:
2019-68 A By-law to A By-law to exempt Blocks 48, 51 and 57 on Registered Plan 51M-1158 in the Town of Wasaga Beach, County of Simcoe from Part Lot Control (ELM Wasaga Beach (2016) Inc. – Georgian Sands Phase 1).
2019-69 A By-law to A By-law to exempt a plan of condominium from applicable provisions of Sections 51 and 51.1 of the Planning Act (ELM Wasaga Beach (2016) Inc. – Georgian Sands Phase 1)
2019-70 A By-law to amend By-law 2019-27 being a By-law to establish a wage grid for non-union employees (Value 1-13).
Yea: David Foster, George Watson, Joe Belanger, Mark Kinney, Sylvia Bray, Nina Bifolchi, and Stan Wells CARRIED. 7-0 on a recorded vote
4) 2019-71 By-law has been withdrawn.
5) 2019-72 A By-law to confirm the proceedings of the Council of the Corporation of the Town of Wasaga Beach at its Special meeting held Thursday, June 13, 2019.
COU-09-8-2019
Moved by Stan Wells Seconded by Mark Kinney
Resolved that a By-law to confirm the proceedings of the Council of the Corporation of the Town of Wasaga Beach at its Special meeting held Thursday, June 13, 2019, be received and be deemed to have been read a first, second and third time, passed and numbered No. 2019-72.
Yea: David Foster, George Watson, Joe Belanger, Mark Kinney, Sylvia Bray, Nina Bifolchi, and Stan Wells CARRIED. 7-0 on a recorded vote
7 ADJOURNMENT Meeting adjourned at 4:18 p.m.
Page 4 of 5
Page 59 of 125 Dina Lundy, Director, Legislative Services & Clerk
Page 5 of 5
Page 60 of 125 MINUTES Committee of the Whole Meeting 8:00 AM - Monday, June 17, 2019 Facility Tour
The Committee of the Whole of the Wasaga Beach was called to order on Monday, June 17, 2019, at 8:00 AM, in the Facility Tour, with the following members present:
PRESENT: Councillor David Foster, Councillor George Watson, Councillor Joe Belanger, Councillor Mark Kinney, Mayor Nina Bifolchi, Councillor Stan Wells, and Deputy Mayor Sylvia Bray ABSENT:
1 CALL TO ORDER
Mayor Bifolchi called the meeting to order and the bus departed from Town Hall at 8:00 a.m.
2 DISCLOSURE OF PECUNIARY INTEREST
3 NEW BUSINESS 3.1) Library and Arena Facilities Tour
Members of Council along with the Director, Recreation, Events & Facilities and the Director, Library Services, visited the facilities noted on the agenda itinerary.
It is noted that Deputy Mayor Bray was not in attendance for the tour until 2:30 p.m, when she joined in at the Orillia Library.
It is noted that Councillor Watson and Deputy Mayor Bray left the tour after the Orillia Rotary Place Arena.
4 ADJOURNMENT
The bus tour finished at 5:30 p.m. and the meeting was adjourned by Mayor Bifolchi.
Page 1 of 1
Page 61 of 125 MINUTES Coordinated Committee Meeting 8:30 AM - Thursday, June 20, 2019 Classroom
The Coordinated Committee of the Wasaga Beach was called to order on Thursday, June 20, 2019, at 8:30 AM, in the Classroom, with the following members present:
PRESENT: Mayor Nina Bifolchi, Deputy Mayor Sylvia Bray, Councillor Stan Wells, Councillor Joe Belanger, Councillor David Foster, Councillor George Watson, and Councillor Mark Kinney ABSENT:
1. CALL TO ORDER
2. DISCLOSURE OF PECUNIARY INTEREST 2.1) Mayor Bifolchi declared a pecuniary interest regarding Public Works Cheque Register item #024076 as it pertains to a family member.
Councillor Foster declared a pecuniary interest regarding item 3.5.3 Terry Fox Run Report as he is the organizer of the event.
3. COMMUNITY SERVICES SECTION
3.1 DEPUTATIONS, PRESENTATIONS, PETITIONS & PUBLIC MEETINGS
3.2 UNFINISHED BUSINESS
3.3 OTHER AGENCY REPORTS 3.3.1. Fire Department Monthly Report
Chief McWilliam reviewed his report and provided details with respect to notable incidents. It was then;
CC-06-1-2019
Moved by Stan Wells Seconded by Mark Kinney
Page 1 of 23
Page 62 of 125 RESOLVED THAT the Community Services Section of Coordinated Committee receive the June 2019 Fire Department Report, for information.
Yea: Nina Bifolchi, Sylvia Bray, Stan Wells, Joe Belanger, David Foster, George Watson, and Mark Kinney CARRIED. 7-0 on a recorded vote
3.4 CONSENT AGENDA All items listed below will be approved by one resolution. There will be 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. 3.4.1. Consent Agenda
CC-06-2-2019
Moved by George Watson Seconded by Nina Bifolchi
RESOLVED THAT the Community Services Section of Coordinated Committee hereby receive the June 20, 2019 Consent Agenda Items 3.4 through to 3.7, and that all the recommendations contained therein be adopted, as amended.
Yea: Nina Bifolchi, Sylvia Bray, Stan Wells, Joe Belanger, David Foster, George Watson, and Mark Kinney CARRIED. 7-0 on a recorded vote
3.5 DEPARTMENTAL STAFF REPORTS 3.5.1. Recreation, Events & Facilities Department
RESOLVED THAT the Community Services Section of Coordinated Committee does hereby receive the Recreation, Events & Facilities monthly activity report as information.
3.5.2. Indoor Facility Rental Fee Policy for Community Organizations
RESOLVED THAT Council approve the draft Indoor Facility Rental Fee Policy for Community Organizations as recommended;
AND FURTHER THAT a By-Law be prepared to adopt the changes to the policy for indoor rental fees for Community Organizations.
3.5.3. Annual Terry Fox Run
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Page 63 of 125 Councillor Foster declared a conflict of interest on this matter but will be voting on all other matters. It was then;
CC-06-3-2019
Moved by Mark Kinney Seconded by Stan Wells
RESOLVED THATthe Community Services Section of Coordinated Committee recommends to Council to approve hosting the annual Terry Fox Run on September 15, 2019;
FURTHER THAT the event occupies a portion of Playland Park Square;
AND FURTHER THAT the Town of Wasaga Beach provides an in kind sponsorship for partial use of the lot, and use of the PA system, two 10x10 tents, 3 tables, 6 chairs, 15 Barrel cone and 15 pylons.
Yea: Nina Bifolchi, Sylvia Bray, Stan Wells, Joe Belanger, George Watson, and Mark Kinney COI: David Foster CARRIED. 6-0 on a recorded vote
3.5.4. Colour Festival – Update
Committee inquired with respect to the updated details of this event. Mrs. Webster and Mr. Roos provided clarification and addressed several inquiries. Concerns were raised regarding this event and the language which could be used with the style of music. As a result, committee supported an amendment to the motion. It was then;
CC-06-4-2019
Moved by Stan Wells Seconded by Mark Kinney
RESOLVED THAT the Community Services Section of Coordinated Committee recommends to Council that it approve the Colour Festival event on June 29 & 30, 2019 on Beach Area 1. AND FURTHER THAT the Event Performers at the outdoor stage be requested to keep any profane language to a minimum.
Yea: Sylvia Bray, Stan Wells, Joe Belanger, David Foster, George Watson, and Mark Kinney Nays/Abstained: Nina Bifolchi CARRIED. 6-1 on a recorded vote
3.5.5. Facility Name and Signage Update for 1621 Mosley Street Page 3 of 23
Page 64 of 125
Discussion ensued with respect to name change. Mr. Pallas addressed questions of the Committee and provided details regarding survey results for the name change. Further discussion ensued to refer the motion back to staff for further review and recommendation. It was then;
CC-06-5-2019
Moved by Stan Wells Seconded by Mark Kinney
RESOLVED THAT the Community Services Section of Coordinated Committee refers report 3.5.5 Facility Name and Signage Update for 1621 Mosley Street back to staff for further review and recommendation.
Yea: Nina Bifolchi, Sylvia Bray, Stan Wells, Joe Belanger, David Foster, George Watson, and Mark Kinney CARRIED. 7-0 on a recorded vote
3.5.6. Food Truck Festival – Update
RESOLVED THAT the Community Services Section of Coordinated Committee recommends to Council that it approve the Food Truck Festival event on July 26-28, 2019 in the 3rd Street Parking lot;
AND FURTHER THAT $3,500.00 be allotted from the Event Enhancement and Sponsorship budget line to help offset the cost of musical entertainment at the event.
3.5.7. Ontario SUP Series – Stand Up Paddleboard Race
RESOLVED THAT the Community Services Section of Coordinated Committee recommend to Council to approve the Ontario SUP Series race taking place Saturday, July 13, 2019 at Beach Area One.
3.5.8. Key Project Milestones for Library and Twinpad Arena Projects
RESOLVED THAT Council receive the information report from the Director of Library Services and the Director, Recreation, Events and Facilities regarding project timing of the Town’s future Twinpad Arena and Library as well as pertinent milestones.
3.6 ACCOUNTS 3.6.1. Departmental Accounts
RESOLVED THAT the departmental accounts for the month of May 2019 as reviewed by the Community Services Section of Coordinated Committee, are hereby confirmed.
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Page 65 of 125
3.7 OTHER MATTERS 3.7.1. Library Board Minutes
RESOLVED THAT the Community Services Section of Coordinated Committee receive the April 2019 Library Board Minutes, for information.
3.7.2. Age-Friendly Community Advisory Committee Minutes
RESOLVED THAT the Community Services Section of Coordinated Committee receive the April 2019 Age-Friendly Community Advisory Committee Minutes, for information.
3.7.3. OPP Policing - First Quarter 2019 Wasaga Beach Statistics
Councillor Kinney inquired with respect to false calls/alarms and drug related charges. Mr. Vadeboncoeur will follow up with Inspector Brown on this matter. It was then;
CC-06-6-2019
Moved by George Watson Seconded by Stan Wells
RESOLVED THAT the Community Services Section of Coordinated Committee recommend to Council that it receive the First Quarter 2019 OPP Policing Statistical Reports for information.
Yea: Nina Bifolchi, Sylvia Bray, Stan Wells, Joe Belanger, David Foster, George Watson, and Mark Kinney CARRIED. 7-0 on a recorded vote
4. PUBLIC WORKS SECTION
The Chair called the meeting back to order at 9:45 a.m., and reminded Committee that Mayor Bifolchi previously declared a Pecuniary Interest in regards to Public Works section 4.6.1. Departmental Accounts, cheque #024076 as it pertains to a family member, but will be voting on all other matters.
4.1 DEPUTATIONS, PRESENTATIONS, PETITIONS & PUBLIC MEETINGS 4.1.1. Mr. Richard Patterson will be in attendance to discuss the Winter Control Policy.
Committee welcomed Mr. Patterson to the meeting. Mr. Patterson thanked Committee for allowing him to provide his presentation regarding the Winter Control Policy and the benefits in considering a more environmentally benign approach to winter snow clearing and road Page 5 of 23
Page 66 of 125 operations. Mr. Patterson stated the Town is doing an impressive job in their current winter operations, but expressed the current operations far exceed the Town's stipulated standards and the requirements of MTO regulation. He then spoke to the environmental consequences of salt and sand use and the greenhouse gas emissions. He further provided suggestions to Committee which he felt would be viable in amending the Winter Control Policy to establish targets in reducing the amount of snow/sand, as well as fuel usage for the winter control fleet. Committee thanked Mr. Patterson for his presentation and noted that his information and comments will be referred to Mr. Lalonde, Public Works Director.
CC-06-7-2019
Moved by Stan Wells Seconded by Joe Belanger
Resolved That the Public Works Section of Coordinated Committee receive the information presented by Mr. Richard Patterson, for information.
Yea: Nina Bifolchi, Sylvia Bray, Stan Wells, Joe Belanger, David Foster, George Watson, and Mark Kinney CARRIED. 7-0 on a recorded vote
4.2 UNFINISHED BUSINESS 4.2.1. a) All Terrain, Multi-Purpose Off-Highway Utility and Recreational Off-Highway Vehicles By-Law (#2015-69) amendments
4.3 OTHER AGENCY REPORTS
4.4 CONSENT AGENDA All items listed below will be approved by one resolution. There will be 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. 4.4.1. Consent Agenda
The following items were requested to be pulled for separate discussion; 4.6.1. Departmental Accounts and 4.7.1. Specialized Transit Services- Partnership with County of Simcoe. It was then;
CC-06-8-2019
Page 6 of 23
Page 67 of 125 Moved by Joe Belanger Seconded by Stan Wells
Resolved That the Public Works Section of Coordinated Committee hereby receives the June 20, 2019Consent Agenda Items 4.4.1 through to 4.7.6, and that all the recommendations contained therein be adopted, as amended.
Yea: Nina Bifolchi, Sylvia Bray, Stan Wells, Joe Belanger, David Foster, George Watson, and Mark Kinney CARRIED. 7-0 on a recorded vote
4.5 DEPARTMENTAL STAFF REPORTS 4.5.1. Public Works
Contract No. PW2019-20 for the Surface Treatment of Ryther Road
Resolved That the Public Works Section of Coordinated Committee does hereby recommend to Council to award the Surface Treatment - Ryther road Contract No. PW2019-20 to Duncor Enterprises Inc. for the prices stipulated in the tender bid.
4.5.2. Engineering
Capital Works Project Status Report
Resolved That the Public Works Section of Coordinated Committee does hereby receive the June 20, 2019 Engineer's Capital Works Project Status Report, for information.
4.5.3. Engineering
Christopher Avenue Pedestrian Bridge (P2) Rehabilitation Contract No. 217159 Tender Award Recommendation
Resolved That the Public Works Section of Coordinated Committee does hereby recommend to Council that the Christopher Avenue Pedestrian Bridge (P2) Rehabilitation Works, Contract No. 217159, be awarded to Leading Edge Earthworks in the amount of $56,906.80, which excludes HST;
And Further That the Mayor and Clerk be authorized to execute the agreement for the works.
4.5.4. Engineering
Main Street Reconstruction & Beach Area 1 and 2 Revitalization Municipal Class Environmental Assessment Study
Page 7 of 23
Page 68 of 125 Notice of Study Commencement
Resolved That the Public Works Section of the Coordinated Committee does hereby receive the Main Street Reconstruction & Beach Area 1 and 2 Revitalization Municipal Class Environmental Assessment Study Notice of Study Commencement, for information.
4.5.5. Environmental
Water Pollution Control Plant (WPCP) - Monthly Performance Report
Resolved That the Public Works Section of the Coordinated Committee does hereby receive the 2019 Monthly Performance Report for the Water Pollution Control Plant (To Month Ending May 31, 2019), for information.
4.5.6. Environmental
Drinking Water System (DWS) - Monthly Performance Report
Resolved That the Public Works Section of the Coordinated Committee does hereby receive the 2019 Monthly Performance Report for the Town's Drinking Water System (To Month Ending May 31, 2019), for information.
4.6 ACCOUNTS 4.6.1. Departmental Accounts
It is noted that Mayor Bifolchi previously declared a Pecuniary Interest and stepped away from the table during this item. It was then;
CC-06-9-2019
Moved by Mark Kinney Seconded by Joe Belanger
Resolved That the May 2019 accounts, as reviewed by the Public Works Section of the Coordinated Committee are hereby confirmed.
Yea: Sylvia Bray, Stan Wells, Joe Belanger, David Foster, George Watson, and Mark Kinney CARRIED. 6-0 on a recorded vote
4.7 OTHER MATTERS 4.7.1. Transit
Specialized Transit Services - Partnership with County of Simcoe
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Page 69 of 125
Mr. Lalonde provided further information with respect to the Specialized Transit Services and the partnership with the County of Simcoe. He stated he is working with the County of Simcoe to develop an aggressive communication strategy, and he will have further information to share with Committee in the next month, as they are anticipating that the Town's specialized transit system will be operational by September 2019. He indicated with the progressiveness, the County will be coming through the Community and the Town will benefit from this shared value of these services. Committee concurred.
CC-06-10-2019
Moved by Stan Wells Seconded by Joe Belanger
Resolved That the Public Works Section of Coordinated Committee does hereby recommend to Council that an agreement be executed with the County of Simcoe for the provision of specialized transit services in Wasaga Beach;
And Further That the Mayor and Clerk be authorized to sign all necessary and related agreements.
Yea: Nina Bifolchi, Sylvia Bray, Stan Wells, Joe Belanger, David Foster, George Watson, and Mark Kinney CARRIED. 7-0 on a recorded vote
4.7.2. Transit
Execution of Multi-Year Governance Agreement (GA) for Joint Transit Procurement Initiatives facilitated by Metrolinx
Resolved That the Public Works Section of Coordinated Committee does hereby receive the above noted report to execute the Multi Year Governance agreement through Metrolinx Transit Procurement Initiative (TPI);
And Further That a by-law be enacted and passed to authorize the execution of the Multi Year Metrolinx Governance Agreement with Metrolinx for joint procurement purposes for a five year period beginning in 2019 and ending 2024 with an option to renew until 2029.
4.7.3. Transit
Wasaga Beach Transit Report - May 2019
Resolved That the Public Works Section of Coordinated Committee does hereby receive the Wasaga Beach Transit Report for May 2019, for information. Page 9 of 23
Page 70 of 125
4.7.4. Transit
Wasaga Beach-Collingwood Link Ridership Statistics - May 2019
Resolved That the Public Works Section of Coordinated Committee does hereby receive the Wasaga Beach-Collingwood Link Ridership Statistics for May 2019, for information.
4.7.5. Transit
Wasaga Beach Transit Ridership Statistics - May 2019
Resolved That the Public Works Section of Coordinated Committee does hereby receive the Wasaga Beach Transit Ridership Statistics for May 2019, for information.
4.7.6. Transit
Wasaga Beach - Clearview Link Ridership Statistics - May 2019
Resolved That the Public Works Section of Coordinated Committee does hereby receive the Wasaga Beach - Clearview Link Ridership Statistics for May 2019, for information.
5. DEVELOPMENT SERVICES SECTION
5.1 DEPUTATIONS, PRESENTATIONS, PETITIONS & PUBLIC MEETINGS 5.1.1. Presentation - HCN (Peter Willmott) - Single Use Utensils at Council Committees (see report 5.7.4)
Mr. Peter Willmott and Ms. Kendra Marr provided a presentation on behalf of the Healthy Communities Network. They provided a recommendation to ban single use utensils at all Town Council,Committees and Boards.
5.1.2. Presentation - DAS Development Corporation - Site Plan Amendment (see report 5.5.9).
Ms. Kris Menzies (MHBC Planning) and Ms. May Wu (Cumulus Architects for Gateway) provided details regarding the proposed Site Plan Control amendment for the DAS Developments site at Lyons Court. The site is currently zoned CD (District Commercial), which allows for a casino. DAS has Site Plan approval in place and are now requesting amendment in order to accommodate a different building - Gateway building. Ms. Wu provided more detail to the Gateway building site and the elevations proposed. More detailed information will be provided to Council at a later date.
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Page 71 of 125
5.2 UNFINISHED BUSINESS 5.2.1. File No. PS02/10 Draft Plan of Subdivision & Zoning By-Law Amendment – Z23/10 Sunnidale Estates Ltd., Fresun Estates Ltd. – River’s Edge Subdivision, Phase 2, Freethy Road (Mr. Fred Picavet) – 24 November 2010 – 29 August 2012 – On hold at the request of the applicant Z09/14 Proposed Zoning By-Law Amendment & Official Plan OP02/14 Amendment – Tourism Accommodation Conversions – July 23, 2014 – September 24, 2014 Non-returned lot grading deposits from developers to residents – December 2017 Zoning By-law Amendment request to regulate children’s play structures – July 2018
5.3 OTHER AGENCY REPORTS
5.4 CONSENT AGENDA All items listed below will be approved by one resolution. There will be 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. 5.4.1. CONSENT AGENDA
CC-06-11-2019
5.5 DEPARTMENTAL STAFF REPORTS 5.5.1. Official Plan Amendments
5.5.2. Zoning By-law Amendments
Proposed Amendment to Comprehensive Zoning By-law 2003-60 - Cannabis, Agricultural Commercial Cultivation Provisions - Report Back from Public Meeting
RESOLVED THAT all written submissions received in regards to the proposed amendment regarding Cannabis, Agricultural Commercial Cultivation Provisions and all oral submissions made at the Public Meeting held on May 9, 2019 relating to the amendment have been taken into consideration as part of the deliberations and final decision related to the approval of the Zoning By-law Amendment and that pursuant to the Planning Act, the following statement shall be included in the notice of decision:
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“Regard has been had for all written and oral submissions received before the decision was made in relation to this planning matter, as considered in the report on Cannabis, Agricultural Commercial Cultivation Provisions presented to the Development Services Section of Coordinated Committee on June 20, 2019.”
AND THAT the Development Services Section of Coordinated Committee recommends that Council approve the amendment proposed, in the report to Development Services Section of Coordinated Committee dated June 20, 2019.
AND THAT pursuant to Subsection 34(17) of the Planning Act, no further public notification is required.
5.5.3. Zoning By-law Amendments
Application for Deeming By-law - DB01/19, Alfred Cini - Lots 10, 11 and 12 Plan 752 - 326 River Road East
RESOLVED THAT Development Services Section of Coordinated Committee recommend to Council that a By-law, pursuant to Section 50(4) of the Planning Act be adopted to deem Lots 10, 11, and 12 within registered Plan 752 to no longer be within a registered plan.
5.5.4. Zoning By-law Amendments
Request for Direction - Potential Town-Initiated Zoning By-law Amendment for Modernization of Parking Standards for Public Uses
The staff report is in advance of the Official Plan and Zoning By-law updates and reviewed best practises. The focus is on public uses. The Town will be looking at the overall parking standards in the Zoning By- law review. The request is to hold a Public Meeting to bring the current parking standards for public uses up to date.
CC-06-12-2019
5.5.5. Zoning By-law Amendments
Proposed Town-initiated Zoning By-law Amendment - Public Uses
RESOLVED THAT Coordinated Committee of Council recommend to Council to pass the Town-initiated Zoning By-law Amendment to clarify the definitions and location of public uses in the Zoning By-law, and conform to provincial planning legislation.
5.5.6. Subdivision/Condominium Matters
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Page 73 of 125 Application for Exemption to Part Lot Control - Campagnolo Holdings Inc. - Lots 1 and 2, Registered Plan 804 - 77, 79, 81, 83 and 85 River Road East (File PL05/11)
RESOLVED THAT Development Services Section of Coordinated Committee recommend to Council that the By-law for Exemption to Part Lot Control for Campagnolo Holdings Inc. to permit the dividing of Lots 1 and 2, Registered Plan 804 be forwarded to Council for passing.
5.5.7. Subdivision/Condominium Matters
Request for Relief from Subdivision Agreement - Phase 1 Tree Planting Requirements - Trillium Forest North, Zancor North Inc. - Registered Plan 51M-1039 - Part Lot 32, Concession 2
RESOLVED THAT Development Services Section of Coordinated Committee recommend to Council that a deviation from Section 13.8 a) of the Subdivision Agreement between Zancor North Inc. and the Town of Wasaga Beach for lands described as Plan 51M-1039 with regard to the required number of trees to be planted per lot, be allowed for the Phase 1 lands only subject to the conditions outlined in this report dated June 20, 2019.
5.5.8. Site Plan Matters
5.5.9. Site Plan Matters
Application for Site Plan Amendment - DAS Development Corporation - 8473 and 8531 Old Highway 26 (also known as 88 and 176 Lyons Court) - File: SP03/19
There were concerns with traffic impact expressed. A short overview of the application was provided; the original application for Site Plan Control Approval was received in 2012, including a Traffic Impact Study. An addendum was received in 2013 and Site Plan Control was approved in April 2014. The current requested amendment also includes a TIF addendum. The original Site Plan Control Approval required controlled access. The proposal that has now been submitted proposes a right-in, right out only.
CC-06-13-2019
5.5.10. Building Department Matters
5.5.11. Economic Development Matters
Approval of the tourism brand guidelines for use in tourism communications and marketing.
Concern was expressed with the possible use of the tourism logo on Page 13 of 23
Page 74 of 125 business cards. There will be a process and policy in place regarding the use of both corporate and/or tourism (guidelines for Town logos).
CC-06-14-2019
5.5.12. Economic Development Matters
Lease Agreement Amendment – Wasaga Beach Farmers Market
RESOLVED THAT the Development Services Section of Coordinated Committee recommend to Council that it authorize the Mayor and Clerk to amend the lease agreement between the Town of Wasaga Beach and the Wasaga Beach Farmers Market (formerly known as Main Street Farmers Market) for a land use lease at the Oakwood Community Centre Parking Lot to operate a seasonal farmers market.
5.5.13. Economic Development Matters
Activity Report
RESOLVED THAT the Development Services Section of Coordinated Committee does hereby receive the Economic Development Activity Status report as information.
5.5.14. Other
Proposed Integrated Watershed Management Plan - Nottawasaga Valley Conservation Authority
RESOLVED THAT Coordinated Committee recommend to Council that staff’s technical comments dated May 22, 2019 be endorsed, and supplement with any additional comments that Council may wish to provide to the NVCA on the proposed Integrated Watershed Management Plan.
5.5.15. Other
Revised Growth Plan for the Greater Golden Horseshoe (2019) - “A Place to Grow” (2019)
RESOLVED THAT Development Services Section of Coordinated Committee recommends that Council receive the staff report on the new Growth Plan for the Greater Golden Horseshoe (2019) for information.
5.5.16. Other
Information Report - Production of Cannabis for Own Medical Purposes within Dwellings
Committee discussed their concerns related to residential growth of cannabis. There is growing concern with the lack of ability for
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Page 75 of 125 municipalities to place controls or even inspect these federally or provincially regulated operations.
CC-06-15-2019
5.6 ACCOUNTS 5.6.1. Departmental Accounts
Resolved that the departmental accounts for May, 2019, as reviewed by the Development Services Section, are hereby confirmed.
5.7 OTHER MATTERS 5.7.1. Ainley Project Status Report - May 17, 2019
RESOLVED THAT Development Services Section of Coordinated Committee receives the Ainley Project Status Report dated May 17, 2019 for information.
5.7.2. Public Works/Engineering Technologist Development Project Status Report dated June 13, 2019.
RESOLVED THAT Development Services Section of Coordinated Committee receives the Public Works Engineering Project Status Report dated June 13, 2019 for information.
5.7.3. Committee of Adjustment and Consent matters
RESOLVED THAT that Development Services Section of Coordinated Committee does hereby receive the Notices for files A12/19, A13/19, A14/19, A15/19, B14/19, B15/19 and the Decisions for files B08/19, B09/18, B10/18, A09/19, A11/19, B11/19, A10/19, B05/19, B06/19, B12/19 and B13/19.
5.7.4. Single Use Utensils at Council Committees
RESOLVED THAT the Development Services Section of Coordinated Committee recommends to Council that it ban single service food and drink utensils from all future meetings of Council and its committees and boards.
5.7.5. Building - New unit report
RESOLVED THAT Development Services Section of Coordinated Committee receives the New Unit report dated June 3, 2019 for information.
5.7.6. Building report
RESOLVED THAT Development Services Section of Coordinated Committee receives the Building Department report dated June 3, 2019 Page 15 of 23
Page 76 of 125 for information.
6. GENERAL GOVERNMENT SECTION
6.1 DEPUTATIONS, PRESENTATIONS, PETITIONS & PUBLIC MEETINGS
6.2 UNFINISHED BUSINESS 6.2.1. a) Sign By-Law Review (December 2017 update with draft by-law in March 2018)
6.3 OTHER AGENCY REPORTS
6.4 CONSENT AGENDA All items listed below will be approved by one resolution. There will be 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. 6.4.1. Consent Agenda
It is noted that the following items have been pulled from the Consent Agenda for further discussion: Director, Legislative Services & Clerk's report re: Council Chamber Furniture, CAO's report re: Request for Expressions of Interest for the Purchase and Development of Beach Area One Lands, Communications Officer's report re: town logo guidelines.
CC-06-16-2019
Moved by David Foster Seconded by Joe Belanger
RESOLVED THAT General Government Section of Coordinated Committee hereby receives the Consent Agenda Items 6.4 through 6.7.2, and that the recommendations contained therein be adopted, as amended.
Yea: Nina Bifolchi, Sylvia Bray, Stan Wells, Joe Belanger, David Foster, George Watson, and Mark Kinney CARRIED. 7-0 on a recorded vote
6.5 DEPARTMENTAL STAFF REPORTS 6.5.1. Committee Minutes
Historical Advisory Committee - April 1, 2019 Minutes
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That the General Government Services Section of Coordinated Committee receive the April 1, 2019 Historical Advisory Committee meeting minutes from the Clerk’s Department, ascirculated.
6.5.2. Committee Minutes
Historical Advisory Committee - May 6, 2019 Minutes
That the General Government Services Section of Coordinated Committee receive the May 6, 2019 Historical Advisory Committee meeting minutes from the Clerk’s Department, as circulated.
6.5.3. Committee Minutes
Accessible Advisory Committee - April 4, 2019 Minutes
That the General Government Services Section of Coordinated Committee receive the April 4, 2019 Accessible Advisory Committee meeting minutes from the Clerk’s Department, as circulated.
6.5.4. Committee Minutes
Accessible Advisory Committee - May 2, 2019 Minutes
That the General Government Services Section of Coordinated Committee receive the May 2, 2019 Accessible Advisory Committee meeting minutes from the Clerk’s Department, as circulated.
6.5.5. Finance Department
Director of Finance and Treasurer's Report dated June 20, 2019 Re: Jan-April 2019 Financial Report
That the General Government Services Section of Coordinated Committee recommend to Council that it receive the January-April 2019 Financial Report for information.
6.5.6. Finance Department
Director of Finance and Treasurer's Report dated June 20, 2019 Re: Strategic Asset Management Policy
Resolved that the General Government Section of Coordinated Committee recommends that Council receive the Strategic Asset Management Policy Report for information; and
Further that Council adopt the Strategic Asset Management Policy dated June 2019.
6.5.7. IT Department
Chief Information Technology Officer's report dated June 20, 2019 Page 17 of 23
Page 78 of 125 Re: Single Source Acquisition - Phase 3 CCTV Cameras
That the General Government Services Section of Coordinated Committee recommend to Council the purchase and install of CCTV Cameras (Final phase) from Point-to-Point Broadband in the amount of $26,000.
6.5.8. IT Department
Chief Information Technology Officer's report dated June 20, 2019 Re: Single Source Acquisition -Servers
That the General Government Services Section of Coordinated Committee recommend to Council the purchase of 2 Dell servers, to replace end of useful life units, in the amount of $22,345.68 from Dell Canada as a single source purchasing action.
6.5.9. Municipal Law Enforcement Department
Municipal Law Enforcement & Property Standards Officer's report dated June 20, 2019 Re: Municipal Law Enforcement Activities for the month of May 2019
That the General Government Section of Coordinated Committee recommends to Council that it receive the June 20, 2019 Municipal Law Enforcement Department’s monthly activity report for the month of May, 2019 for information only.
6.5.10. Administration Department
Communications Officer's report dated June 20, 2019 Re: Communications Strategies Update Report
That the General Government Services Section of Coordinated Committee recommend to Council that it receive the Communications Strategies Update Report for information.
6.5.11. Administration Department
Communications Officer's report dated June 20, 2019 Re: Town Logo Guidelines
The Communications Officer spoke to the highlights of his report with members of Committee.
Members of Committee noted they would like to have the Town Logo reviewed.
CC-06-17-2019
Moved by Mark Kinney Page 18 of 23
Page 79 of 125 Seconded by Joe Belanger
That the General Government Services Section of Coordinated Committee approve the document “Guidelines for town logos” for use by all departments within the Town of Wasaga Beach.
Yea: Nina Bifolchi, Sylvia Bray, Stan Wells, Joe Belanger, David Foster, George Watson, and Mark Kinney CARRIED. 7-0 on a recorded vote
6.5.12. Administration Department
Manager of Beachfront Properties, Fleet & Purchasing's report dated June 20, 2019 Re: Equipment Contract RFP #FL2019-03 (Single Axle Plow Sander)
That the General Government Section of Coordinated Committee does hereby recommend to Council that it award the heavy duty vehicle and equipment tender, RFP# FL2019-03 for a new 2019 single axle straight truck, with combination dump sander box and plow equipment options from Viking Cives equipment to Currie truck Centre, in the amount of $286,496.39 (excluding H.S.T.).
6.5.13. Administration Department
Manager of Beachfront Properties, Fleet & Purchasing's report dated June 20, 2019 Re: Equipment Contract RFP #FL2019-04 Multi-Purpose Sidewalk Tractor Complete with Optional Attachments
That the General Government Section of the Coordinated Committee does hereby recommend to Council that it award the heavy duty vehicle and equipment tender, RFP# FL2019-04 for a new Multi-Purpose Sidewalk Tractor, manufactured by Trackless, complete with optional attachments, to Joe Johnson Equipment Incorporated, in the amount of $232,191.27, (including H.S.T.).
6.5.14. Administration Department
Director, Legislative Services & Clerk's report dated June 20, 2019 Re: Council Chamber Furniture
Members of Committee spoke to their questions and comments pertaining to this item with the Director, Legislative Services & Clerk.
CC-06-18-2019
Moved by George Watson Seconded by Mark Kinney
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Page 80 of 125
That the General Government Section of Coordinated Committee recommend that Council approve an expenditure of up to $16,000 from the administration renovation budget with the balance to general reserves to replace Council Chambers furniture.
Yea: Nina Bifolchi, Sylvia Bray, Stan Wells, Joe Belanger, David Foster, George Watson, and Mark Kinney CARRIED. 7-0 on a recorded vote
6.5.15. Administration Department
CAO's report dated June 20, 2019 Re: Request for Expressions of Interest for the Purchase and Development of Beach Area One Lands
Members of Committee spoke to their questions and comments pertaining to this item with the CAO.
CC-06-19-2019
Moved by Nina Bifolchi Seconded by David Foster
That General Government Section of Coordinated Committee recommend to Council that it authorize staff to issue a Request for Expressions of Interest for the Purchase and Development of Beach Area One Lands, substantially in the same form as the document attached to this report.
Yea: Nina Bifolchi, Sylvia Bray, Stan Wells, Joe Belanger, David Foster, George Watson, and Mark Kinney CARRIED. 7-0 on a recorded vote
6.6 ACCOUNTS 6.6.1. Departmental Accounts - May 1, 2019 - May 31, 2019
Resolved that the May 1 - 31, 2019 Accounts as reviewed by General Government Services Section of Coordinated Committee, are hereby confirmed.
6.7 OTHER MATTERS 6.7.1. Correspondence Received
Ontario Parks Letter dated June 5, 2019 Re: Invitation to review and
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Page 81 of 125 comment: Planning for Wasaga Beach Provincial Park
Resolved that the General Government Services Section of Coordinated Committee receives the letter dated June 5, 2019 from the Ontario Parks, for information;
And further that this letter be referred to staff for further review and comment.
6.7.2. Correspondence Received
County of Simcoe Letter dated June 6, 2019 Re: Simcoe County - Regional Government Review
Resolved that the General Government Services Section of Coordinated Committee receives the letter dated June 6, 2019 from the County of Simcoe, for information.
6.7.3. Councillor Belanger - Notice of Motion Re: Independent Third Party Economic Impact Study completed on the potential Library & Double Pad Arena short list locations.
As there was no seconder for the motion it was not tabled.
7. CLOSED SESSION 7.1) Closed Session
Committee moved into Closed Session at 12:07 p.m.
CC-06-20-2019
Moved by David Foster Seconded by Joe Belanger
Resolved that Pursuant to Section 239 (2) (a), (c) and (f) of The Municipal Act, 2001, as amended, the next portion of the Coordinated Committee meeting of June 20, 2019 be closed to the public to discuss the security of the property of the municipality or local board, a proposed or pending acquisition or disposition of land by the Municipality or local board and to receive advice that is subject to solicitor-client privilege, including communications necessary for that purpose.
Yea: Nina Bifolchi, Sylvia Bray, Stan Wells, Joe Belanger, David Foster, George Watson, and Mark Kinney CARRIED. 7-0 on a recorded vote
8. REPORTS FROM CLOSED SESSION
Committee moved back into open session at 2:00 p.m. Page 21 of 23
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8.1) Director, Library Services & Director, Recreation, Events & Facilities Confidential Report dated June 20, 2019 Re: Alternative Library and Twinpad Arena Sites - Section 239 (2) (c), of the Municipal Act, 2001, as amended, a proposed or pending acquisition or disposition of land by the Municipality or local board.
CC-06-22-2019
Moved by David Foster Seconded by Sylvia Bray
Resolved that Coordinated Committee confirm the direction provided to the Director of Library Services & Director of Recreation Events & Facilities, in Closed Session, pertaining to alternative library and twinpad arena sites.
Yea: Nina Bifolchi, Sylvia Bray, Stan Wells, Joe Belanger, David Foster, George Watson, and Mark Kinney CARRIED. 7-0 on a recorded vote
8.2) Director, Finance &Treasurer’s Confidential Report dated June 20, 2019 Re: Commercial Lease – Legal Advice – Section 239 (2) (f), of the Municipal Act, 2001, as amended, advice that is subject to solicitor-client privilege, including communications necessary for that purpose.
CC-06-23-2019
Moved by Mark Kinney Seconded by Joe Belanger
Resolved that Coordinated Committee confirm the direction provided to the Director of Finance & Treasurer and CAO, in Closed Session, pertaining to commercial lease.
Yea: Nina Bifolchi, Sylvia Bray, Stan Wells, Joe Belanger, David Foster, George Watson, and Mark Kinney CARRIED. 7-0 on a recorded vote
8.3) Assistant Beachfront Manager’s Report dated June 20, 2019 Re: Lease Matter, Beach Drive - Section 239 (2) (a), of the Municipal Act, 2001, as amended, the security of the property of the municipality or local board.
CC-06-24-2019
Moved by George Watson Seconded by David Foster
Resolved that Coordinated Committee confirm the direction provided to the Assistant Manager of Beachfront Properties, in Closed Session, pertaining to a Lease on Beach Drive.
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Page 83 of 125 Yea: Nina Bifolchi, Sylvia Bray, Stan Wells, Joe Belanger, David Foster, George Watson, and Mark Kinney CARRIED. 7-0 on a recorded vote
8.4) Closed Session
Committee moved back into Closed Session at 2:05 p.m. to receive updated information from legal counsel pertaining to Closed Session item 7.2.
CC-06-25-2019
Moved by David Foster Seconded by Mark Kinney
Resolved that Pursuant to Section 239 (2) (a) The Municipal Act, 2001, as amended, the next portion of the Coordinated Committee meeting of June 20, 2019 be closed to the public to discuss the security of the property of the municipality or local board.
Yea: Nina Bifolchi, Sylvia Bray, Stan Wells, Joe Belanger, David Foster, George Watson, and Mark Kinney CARRIED. 7-0 on a recorded vote
8.5) Reports from Closed Session
Committee moved back into Open Session at 2:11 p.m.
CC-06-27-2019
Moved by Sylvia Bray Seconded by Nina Bifolchi
Resolved that Coordinated Committee confirm the further direction provided to the CAO, in Closed Session, pertaining to a Lease on Beach Drive.
Yea: Nina Bifolchi, Sylvia Bray, Stan Wells, Joe Belanger, David Foster, George Watson, and Mark Kinney CARRIED. 7-0 on a recorded vote
9. ADJOURNMENT
Councillor Wells adjourned the meeting at 2:13 p.m.
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Page 84 of 125 STAFF REPORT
TO: Council
FROM: Pam Kenwell, Executive Assistant to the Mayor and Council
SUBJECT: June 2019 Proclamations & Flag Raisings
DATE: June 25, 2019
RECOMMENDATIQN: That Council receive the information report pertaining to proclamations and flag raisings for the month of June 2019, for information.
BACKQROQND: The process of the Mayor approving proclamations and flag raisings is part of Council’s approved delegation of powers and duties policy 1-3 which was approved in 2016. At Council’s request, staff will be preparing reports to Council that will re-cap the current month’s proclamations and flag raisings. The following are the proclamation and flag raisings for June 2019:
Jung 2019 Prgclamgtigns and Flag Raisingg
- Seniors’ Month, Month of June (proclamation only)
— Bike Month, Month of June (proclamation only) - Parachute Safe Kids Week, June 3 to June 9, 2019 (proclamation only)
— World Elder Abuse Awareness Day, June 15, 2019 (proclamation only)
— St. John Ambulance Week, June 23 to June 30, 2019 (proclamation and flag raising)
Respectfully Submitted
Pam Kenwell Executive Assistant to the Mayor and Council Enclosures
Page 85 of 125 NINA BIFOLCHI MAYOR Trocfamation SENIORS’MONTH JUNE 2019
WHEREAS the month of June marks the 35"‘Annual Seniors’ Month in the Province of Ontario; and
WHEREAS Seniors are one of the fastest growing populations in the Country and a significant number of residents in Wasaga Beach are Senior Citizens that are leading healthy and vibrant lives, and
WHEREAS this stage of life brings the opportunity to pursue new goals, reactivate life- long interests and spend time with loved ones; and
WHEREAS the Town of Wasaga Beach recognizes that Senior Citizens play an important role and contribute immensely to our community’s civic, cultural and economic development and we can all bene?t from their wisdom, friendship, and experience.
NOW THEREFORE, l, Mayor Nina Bifolchi, at the request of the Age Friendly Community Advisory Committee, and on behalf of the Council of the Town of Wasaga Beach, do hereby proclaim June 2019 as “SENlORS’ MONTH” in the Town of Wasaga Beach and encourage residents of all ages to recognize, support and celebrate the positive contributions of Seniors in our community.
Nina Bifolchi, Mayor
Page 86 of 125 NINA BIFOLCHI MAYOR Trocfamation BIKE MONTH JUNE 2019
WHEREAS cycling is a low cost. environmentally sound, healthy means of transportation which can be enjoyed by people of all ages and backgrounds; and
WHEREAS the Town of Wasaga Beach has been designated a bicycle friendly community; and
WHEREAS the Municipality continues to encourage bicycle use and is committed to developing bicycle infrastructure; and
WHEREAS the Government of Ontario has declared June as Bike Month in the Province of Ontario
NOW THEREFORE, I, Mayor Nina Bifolchi, at the request of the Healthy Community Network Committee, and on behalf of theCounci| of the Town of Wasaga Beach, do hereby proclaim June 2019 as "BIKE MONTH" in the Town of Wasaga Beach, and strongly encourage all of our residents and visitors to use bicycles as a means of transportation and recreation and being active outdoors.
Nina Bifolchi, Mayor
Page 87 of 125 NINA BIFOLCHI MAYOR T1/ocfamation PARACHUTE SAFE KIDS VVEEK JUNE 3 to JUNE 9, 2019
WHEREAS Parachute Canada’s theme for Safe Kids Week 2019 is preventing harm from children’s falls in the home and at play; and
WHEREAS preventable injuries are the number one killer of Canadians aged 1 to 44. Preventable injuries are costing the Canadian economy tens of billions of dollars; and
WHEREAS preventing harmful child falls in the home and at play is important. Falls are the leading cause of injury to Canadian children. While most child falls do not result in death, each year more than 140,000 children are seen in emergency departments for fall- related injuries. Most of these injuries to children under 5 occur in the home; and
WHEREAS everyone can follow simple fall prevention tips to our children safe in the home and at play; and
WHEREAS Safe Kids Weeks is a week dedicated to raising awareness and seeking solutions to preventable child fatalities and serious injuries across Canada. Everyone has a role to play in creating change among their peers, in classrooms and in their communities.
NOW THEREFORE, l, Mayor Nina Bifolchi, at the request of Parachute Canada, and on behalf of the Council of the Town of Wasaga Beach, do hereby proclaim June 3 to June 9, 2019 as “PARACHUTE SAFE KIDS WEEK” in the Town of Wasaga Beach.
Nina Bifolchi, Mayor
Page 88 of 125 NINA BIFOLCHI MAYOR Trocfamation WORLD ELDER ABUSE AWARENESS DAY 2019 JUNE 15, 2019
WHEREAS, June 15”‘is recognized internationally as World Elder Abuse Awareness Day; and
WHEREAS, Senior citizens are valued members of our community and society - they convey a tremendous amount of experience and wisdom and deserve to live with dignity and respect. it is our collective responsibility to ensure they live safely and fully in a community that cares about them; and
WHEREAS, Victims of elder abuse are parents, grandparents, neighbours and friends. Elder abuse is not limited by race, gender, culture, and circumstance and whether physical, psychological, emotional, sexual, political, religious or financial, elder abuse takes an unacceptable toll on individuals and families; and
WHEREAS, Combating abuse of older adults willhelp improve the quality of lifefor all seniors in our community and allow seniors to continue to live as independently as possible and contribute to the lifeand vibrancy of the Town of Wasaga Beach; and
WHEREAS, our aging population deserves the respect to have this day and these issues brought to the attention of all society, locally and globally;
NOWTHEREFORE, I,Mayor Nina Bifolchi,attherequestofthe Prevention of Senior Abuse Network- Simcoe County (PSAN), and on behalf ofthe Council ofthe town of Wasaga Beach, do hereby proclaim June 15”‘,2019 as "World Elder Abuse Awareness Day" inthe Town of Wasaga Beach.
7 * J :’Z" Nina Bifoghi,Mayor
Page 89 of 125 NINA BIFOLCHI MAYOR Trocfotmation ST. JOHN AMBULANCE WEEK JUNE 23 to JUNE 30,2019
WHEREAS the Barrie Simcoe Muskoka Branch has been sewing the community since 1942 and fulfillingour mission to enable Canadians to improve their health, safety and quality of life by providing training and community service; and
WHEREAS this branch supports six volunteer community service groups, including; two Medical First Response Units, two Therapy Dog units, one Youth unit and one Car Seat Safety Team; and
WHEREAS in 2018 these volunteers provided the community with approximately 22,000 hours of volunteer services; and
WHEREAS in 2018, 56 Medical First Response volunteers attended 269 events, treated 127 casualties and contributed over 7300 volunteer hours; and
WHEREAS in 2018, 77 therapy Dog volunteers completed 3440 visits to 50 facilities including seniors residences, hospitals and schools, bringing comfort and companionship to all they visited, and contributed over 8800 volunteer hours; and
WHEREAS in 2018, 16 Youth volunteers learned about becoming better citizens, while developing leadership skills and contributed over 717 volunteer hours; and
WHEREAS in 2018, 8 Car Seat Team members educated 178 parents and caregivers on the proper way to install car seats and contributed over 574 volunteer hours; and
WHEREAS in 2018, volunteers helped train over 400 residents CPR, partnered with other organizations to strengthen our community and contributed over 1950 volunteer hours.
NOW THEREFORE, I, Mayor Nina Bifolchi, at the request of St. John Ambulance, and on behalf of the Council of the Town of Wasaga Beach, do hereby proclaim June 23 to June 30, 2019 as “ST. JOHN AMBULANCEWEEK” in the Town of Wasaga Beach.
%/ Nina Bifolchi, Mayor
Page 90 of 125 Committee Chair Report
To: Members of Council
From: Councillor Stan Wells Chair of General Government Section of Coordinated Committee
Subject: Approval of Accounts Payable April 29 to May 31, 2019
Date: June 25th, 2019
RECOMMENDATION:
That the listed accounts be approved.
BACKGROUND:
In accordance with Council policy, the following accounts payable cheque, EFT and pre-authorized payment distributions have been reviewed by their respective Section of Coordinated Committee and are hereby recommended to Council for approval:
General Government Section $1,473,293.40 Balance Sheet Cheque Register 1,305,460.23 Taxation Cheque Register - Council Cheque Register 14,259.62 Administration Cheque Register 47,650.46 Property Purchase/Sale Cheque Register - Beachfront Enforcement Cheque Register 12,627.28 Beachfront Maintenance Cheque Register 535.86 Beachfront Events Cheque Register 29,710.76 Main Street Market Cheque Register 1,295.71 Beachfront Rental Properties Cheque Register 9,764.71 Affordable Housing Cheque Register 99.10 Clerk, Elections & Committees Cheque Register 12,621.15 Cemetery Cheque Register 2,713.29 Treasury Cheque Register 12,051.76 Information Technology Cheque Register 9,522.64 Municipal Law Enforcement Cheque Register 13,442.50 After-Hours Medical Clinic Cheque Register 1,538.35
Community Services Section $587,365.67 OPP & Community Policing Cheque Register 407,237.45
Page 91 of 125 Community Services Section Continued Fire Department Cheque Register 79,979.06 Recreation, Events & Facilities Administration Cheque Register 4,502.12 Recreation Cheque Register 3,814.22 Arena Cheque Register 23,102.85 MultiPlex/Community Hub Cheque Register 6,497.50 RecPlex Cheque Register 14,546.31 Youth Centre & Committee Cheque Register 15,610.64 Seniors Active Living Centre Cheque Register 1,002.56 Community Events Cheque Register 18,056.19 Library & Age-Friendly Committee Cheque Register 10,703.50 Canteen Cheque Register 2,313.28
Public Works Section $827,988.00 Public Works Administration/Buildings/Fleet/Equipment $268,417.57 Maintenance & Roads Cheque Register $39,416.32 Transit Cheque Register $92,695.07 Street Lighting Cheque Register $20,544.68 Nottawasaga River Cheque Register $0.00 Vehicle Maintenance Cheque Register $55,163.47 Water & Sewer Cheque Register $283,311.65 Waste Collection/Recycling Cheque Register $6,344.02 Storm Sewer Cheque Register $41,623.98 Parks Cheque Register $20,471.24
Development Services Section $38,497.74 Building Cheque Register $6,969.51 Planning & HCN Committee Cheque Register $26,315.72 Economic Development Cheque Register $5,212.50
Grand Total: $2,927,144.80
Respectfully Submitted
Councillor Stan Wells Chair of General Government Section of Coordinated Committee
Figures may not sum due to rounding
**cheque register includes two manual cheques from April
Page 92 of 125 STAFF REPORT
TO: Council
FROM: Angela Webster, Special Events Coordinator
SUBJECT: Bumble Marketing Activation Approval
DATE: June 25, 2019
RECOMMENDATION THAT the Council approves the Bumble Marketing Activation on July 20, 2019 in Playland Lot. BACKGROUND The Mint Agency has approached the Town to host a Marketing Activation on behalf of Bumble. Their request is similar to other marketing inactivates in the past where agencies set up in a designated area and market their brand. Bumble is a social network geared towards females between 18 and 35. Attached for ease of reference, their mobile pop up program slide deck is attached. DISCUSSION The activation would use up to a 35’x35’ space to have their Airsteam trailer and some patio furniture for an inviting atmosphere. They would run the activation between 12pm and 5pm on July 20th. The activation would include a beauty area, games, works shops, yoga, etc. and hope to see approximately 200 people throughout the afternoon. Based on the Events fee schedule the anticipated fees for the activation would be Special Events - Fee Schedule Name of event: Bumble Marketing Activation Processing Fees 2019 Notes Application For-Profit organizations fee $ 300.00 Processing fee $300.00 Rental Fees Given the space is 35 x 35, approximately 10 spaces would Playland Lot $5.00/spot, $150.00 minimum $ 150.00 be used. Therefore the minimum charge is $150.00 Total Fee $ 450.00
The Mint agency requested either a space on the Beach or in Playland Lot for the activation. The writer is of the view that Playland lot would be the ideal location. It is important to note that the Not So Pro Volleyball Tournament will be occurring the same weekend. The writer does not foresee any concerns with these activities running on the same weekend and feels the target audience is similar for both events. Attached for reference is the Bumble Summer Mobile Pop Up package.
Respectfully Submitted, Angela Webster Special Events Coordinator Enclosed.
Form: WB-SR2010
Page 93 of 125 1
Bumble | Summer Mobile Pop-Up Locations Page 94 of 125
the mint agency for bumble © copyright the mint agency 2019 INCLUDE IMAGE 2
SITUATION
OVERVIEW
Since its launch in 2014, Bumble has grown to become one of the most relevant social networks worldwide. Today, Bumble, the "female first" app with over 41 million users, connects people across dating, friendship and professional networking.
To build brand awareness and equity within the Canadian market, Bumble will create an IRL extension of the app through a physical space. Page 95 of 125
the mint agency for bumble © copyright the mint agency 2019 3
PROGRAM
OBJECTIVE
BRAND AWARENESS Build awareness and equity of Bumble’s three pillars - date, bizz, bff
BRAND LOVE Foster the brand’s mission to empower women and create brand love
CLIENT ACQUISITION
Page 96 of 125 Connect with existing and adopt new users
the mint agency for bumble © copyright the mint agency 2019 4
KEY CONSIDERATIONS
TARGET AUDIENCE KEY MARKET TIMING A18 - 35 Summer Fun Areas in ON Jul - Aug Female / Male = 70 / 30 Toronto, Muskoka, PEC, Summer Months Page 97 of 125 Existing and new Bumble user Wasaga, NOTL
the mint agency for bumble © copyright the mint agency 2019 5
PROGRAM Page 98 of 125
the mint agency for bumble © copyright the mint agency 2019 6
THE AIRSTREAM Page 99 of 125
Airstream will be Bumble branded
the mint agency for bumble © copyright the mint agency 2019 7
THE AIRSTREAM Page 100 of 125
the mint agency for bumble © copyright the mint agency 2019 8 AIRSTREAM MOODBOARD Page 101 of 125
the mint agency for bumble © copyright the mint agency 2019 9 Beauty Bar Area Built in seating in Bumble colours and beautiful fabrics / accent decor for instagram moment. Built in Space for F&B Storage.
Bumble Messaging Above seating area
Page 102 of 125 Patio Seating with Umbrellas, Plants, (optional turf) Welcome Messaging on Open Door
the mint agency for bumble © copyright the mint agency 2019 10
PROGRAM CONSIDERATIONS
In addition to the space being a photo opportunity and Bumble offering Profile Doctors, the space will offer various services pending the space availability.
BEAUTY BAR GAMES F&B PARTNERSHIP DIY WORKSHOP SWEAT SESSION
Page 103 of 125 Braid bar Cornhole Juice bar Friendship bracelets Yoga & meditation Glowy makeup Giant jenga Popsicles / ice cones Tie dye tops Power pilates Mini facial Ring toss Wine / beer tasting Terrarium / florals Circuit training
the mint agency for bumble © copyright the mint agency 2019 STAFF REPORT TO: Council FROM: Pamela Pal, Director, Library Services Chris Roos, Director, Recreation, Events & Facilities SUBJECT: Key Milestones for Shovel Ready Library and Twinpad Arena Projects DATE: June 25, 2019
RECOMMENDATION
THAT Council receive the report regarding Key Milestones for Shovel Ready Library and Twinpad Arena, from the Director of Library Services and the Director – Recreation, Events and Facilities regarding the timing and key milestones;
AND FURTHER THAT Council direct staff to secure the necessary Project Management Services, and Compliance Team Services as required to produce the “Owners Statement of Requirements” per CCDC-14 Design Build Contract;
AND FURTHER THAT Council direct staff to issue the necessary Proposal Call to pre-qualify qualified Design-Build firms;
AND FURTHER THAT the CAO be authorized under the Town’s Purchasing Policy to secure the necessary advisory services required to produce the Town’s RFP’s outlined in this report;
AND FURTHER THAT Treasurer/CAO be directed to report back to Council regarding general cost estimates for Project Management Services and Compliance Team Services, and the associated funding sources for Council approval.
BACKGROUND
Following a presentation regarding the status of the Community Hub development on January 8, 2019, Council directed staff to investigate alternative locations for the new twinpad arena and library. The Director of Recreation, Events and Facilities and Director of Library Services have been working with a small internal task force of staff including the Town’s Treasurer, Director of Public Works, Director of Planning and Economic Initiatives and the CAO to evaluate all viable options.
On March 7, 2019 Council shortlisted twelve possible sites for the twinpad arena and multi-use recreation facility to six and directed staff to develop further criteria to evaluate remaining sites. Also on March 7 2019, Council was presented with 13 potential sites for the new library and chose seven sites for further evaluation.
Following a second evaluation of the sites using weighted criteria, Council were presented with a staff ranking of the six twinpad arena locations on April 16, 2019. Council decided to move ahead with further site analysis of four sites, including one Town-owned site – the Sports Park. On May 21, 2019, Council were provided with a weighted evaluation ranking of the seven potential library sites, and selected five locations for further analysis including one Town-owned site at Glenwood and Main Streets.
Page 104 of 125 Staff are currently commissioning further studies of the nine selected sites for the twinpad arena and library. Land appraisals, negotiations of purchase and sale, site plans, geotechnical studies, servicing evaluations and financial modeling are all underway with a final site report scheduled to be brought to Council in July 2019.
On May 13, 2019 the Town received a letter from the Ministry of Infrastructure that was received by Council at the May 28th Council meeting. Ideas relevant to the Wasaga Beach twinpad arena and library projects can be inferred from the letter. The letter references the fourth and final phase of the current infrastructure funding program focused on, “improving access to, and increasing the quality of, community, cultural and recreation infrastructure” and that “information about the program stream will be shared later this year”. Understanding the significant financial benefit of maximizing federal and provincial investment in the twinpad arena and library project, creates urgency for the Town to work quickly towards being shovel ready in time for the release of the project stream.
On June 20, 2019 staff submitted an information report to the Community Services Section of Coordinated Committee that identified a series of milestones for the weeks and months ahead summarized as follows;
Work currently being undertaken include: Site selection due diligence work: o creation of comparable site plans, o scoped functional servicing reports o financial modelling o creation of a community feedback program o Finalizing agreements of purchase and sale on privately owned sites. Work to be done: Engagement of a Project Manager(s) through a Request for Proposal process Engagement of an Architect(s) through a Request for Proposal process
Staff are currently planning a public meeting in July followed by a Council decision on the location(s) of the twinpad arena and library at the end of July 2019.
Key Target Dates
June 25th - Formalize procurement process for Project Management and Design consultant services. July 4th - CoW meeting to finalize site locations for public input. July 18th - General Government Committee to review report outlining sources of revenue. July 25th - Public Meeting to receive input on short-listed sites August 1st - CoW Establishment of preferred sites for Arena and Library and hire project management and design teams
DISCUSSION
The purpose of this report is to provide Council with an overview of;
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Page 105 of 125 (i) the next steps involved in bringing either or both the Twinpad and Library to the detailed design stage, (ii) the type and respective role of consultants that would be required to manage the best interest of Council in this regard, (iii) the timelines required to procure and mobilize required resources.
In light of the possibility of Federal Infrastructure funding becoming available in the fall of 2019, staff has reverse-engineered the key activities that would need to occur for Council to be “shovel ready” to qualify for a funding submission. While no details of the program have been released at this time, staff are assuming based on previous intakes, that eligible projects will be required to be “shovel ready”. Staff are further projecting an October 1, 2019 intake deadline. While these are only informed assumptions at this point, they are reasonable to base the Town’s current planning around. Council will be notified immediately once the intake criteria is released.
It’s important for Council to understand that the dynamics in the design and construction market place is very unique when a potential infrastructure intake is looming. Like the Town of Wasaga Beach, municipalities across Ontario who are considering capital projects at this juncture, they too are developing similar strategies to be “shovel ready”. The design and construction market place are also acutely aware that there will be high demand for their services as soon as funding announcements are made. The fact that the anticipated funding announcements are made at the same time, there is immediate competition amongst successful municipalities to secure qualified designers and constructors. Therefore in addition to considering compressed timeframes to be shovel ready, Council needs to also position themselves to ensure that they can secure qualified contractors to meet the Town’s needs.
This report is structured in such a manner that would get Council into an ideal state of “readiness” for intake purposes, however, offers key considerations if the infrastructure funding application is not successful.
Construction Methods
1. Design-Bid-Build
Both popular and prevalent, design-bid-build contracts allow the owner to choose a contractor after an architect or engineer completes the design phase.
2. Design-Build Construction
The opposite of design-bid-build, in a design-build contract, the design and construction phases are handled by the same party (referred to as the design-builder or the design-build contractor). This approach speeds up the project’s completion since the design and construction phases can happen simultaneously.
Staff believes the Town should utilize a Design-Build approach for the twin-pad arena and library projects. One of the favourable characteristics of using a Design-Build Construction methodology is that projects can be designed and built in a more compressed timeframe. This is largely because the design and construction processes can occur concurrently.
Owners Statement of Requirements (OSOR) - 3 -
Page 106 of 125 The Town’s best-case scenario to be “shovel ready” by October 1, 2019 is to have a completed “Owners Statement of Requirements” ready to be issued to shortlisted Design-Build firms. The Owners Statement of Requirements is the principle document for the “Owner” within a Design- Build Contract CCDC-14. It is effectively the specification document that details all of the Town’s requirements that must be included in both the design and subsequent construction of the facility(s).
Planning Design and Compliance Advisory Team
The Town and Library Board will be required to specify every detail that they wish to have included in the design and construction of the twin-pad and library respectively. Council will require a team of qualified architects and engineers referred to as a Planning Design and Compliance Advisory Team (aka Compliance Team). This team of professionals will work with the Town’s Project Manager and key stakeholders in order to “translate” desired facility requirements into the appropriate language and specifications to be included in the Owners Statement of Requirements.
Role Summary - The Compliance Team (CT) will act in Council’s best interest and be responsible for such services as : OSOR - specifications, plans, drawings, terms, conditions, program requirements, design objectives and parameters, performance requirements, constraints and criteria, spatial and functional requirements and relationships, flexibility and potential for expansion, special equipment and systems, site requirements and descriptions contained in the Design Build Documents.
The CT will be involved in developing a project description, work plan, and a program consisting of multiple stakeholder and staff interviews to determine the building spatial and user requirements resulting in a detailed Building Program. The Building Program will be included within the Design Brief. The CT will also be responsible for the Performance Specifications that will determine the criteria guidelines for all disciplines.
The CT will also provide a rough order of magnitude cost estimate, prepared with cost consultants, value engineering cost reduction strategies to align the program to the approved construction budget.
The CT with the PM will participate in the RFP Terms of Reference and process to solicit proposals from design-builders and assisting with supplementary conditions, evaluation criteria, queries, and addendums.
Both the PM and the Compliance Team will manage construction implementation for conformity with the approved Town OSOR.
Project Management
Council is poised to invest multi-million dollars in two significant community projects that will serve its citizenry for decades. The twin-pad and library represent either two large projects, or one substantial project if Council decides on a multi-use facility. In either case, capital project management resources are required to effectively manage the projects. Since the Town does not have in-house project management capacity for projects of this nature, Council has two options.
One option is to “second” an existing staff with general capabilities around project management, and back-fill their role with a contract staff for a period of approximately 30-36 months. The second option for the Town is to secure a third-party professional contract management firm to fulfill this role for 30- 36 months, while maintaining the Town’s existing staff resources in place. - 4 -
Page 107 of 125 Given the Town’s current workload pressures, staff recommends that Council secure a third-party professional project management firm to serve its interest in this regard. This option by no means negates the Town’s control over these important projects, it simply provides the necessary resources required for the volume of work involved in a construction project of this magnitude.
At some point between confirming and securing the preferred site(s) for the arena and/or library, and commencing construction, the Town will need to manage;
Authorities Having Jurisdiction Site Plan Preparation Detailed Hydro-Geological Surveys Traffic Studies Detailed Soils Review Development Review Development Approval Foundation Permit(s) Building Permit(s)
The Project Manager will act in the best interest of the town and will be responsible for the overall project delivery. The Project Manager will assume the role of the Town’s representative and has the delegated authority to ensure the successful completion of all aspects and phases of the Project.
The Project Manager directs and controls the uses of resources on the project, and is responsible to maintain lines of communication with other members of the Project Team, and to coordinate and aggregate all material required to plan, approve, monitor, control and report all activities and input required for the effective management of the Project. The PM will also be responsible for assisting the Town in the selection of all consultants/vendors required including the preparation of the Design- Builder (DB) RFP including Supplementary Conditions and evaluation criteria, prequalification/shortlisting and final selection and contract negotiations of the DB.
The PM will be generally responsible for overall responsibility for the successful initiation, planning, design, execution, monitoring, controlling and closure of a project. Typical responsibilities of a project manager will include: Planning, Executing, and Closing Projects — defining the project, building a comprehensive work plan, and managing scope, schedule and budget.
Pre-Qualification of Design Builders
One of the underlying goals of the Town is to attract qualified Design Builders to compete for the projects. There are two fundamental benefits of going through a “pre-qualification” process. The first has to do with timing, and the second is related to quality of work.
With regard to timing, the Town’s pre-qualification exercise will serve to advise the design-build marketplace with the Town’s intention to “design-build” multi-million dollar capital projects. This is particularly important as it relates to any Infrastructure Funding Intake, as many municipalities in Ontario will be trying to attract Design-Build firms to fulfill their requirements at the same time. - 5 -
Page 108 of 125 With regard to quality, the principle objective of a “pre-qualification” is to attract the right Design-Build firms that have proven experience with Twinpad Arenas and/or Libraries. This ensures that they will design and build the Town’s capital projects with distinct knowledge of design principles associated with how these types of buildings function.
Council essentially has two options to consider as it relates to pre-qualification of Design-Build firms. They can choose to engage the pre-qualification concurrent to the development of the OSOR. In this manner Council will have chosen its preferred Design-Build firms once the OSOR is complete. By pre-qualifying earlier Council will have already engaged Design-Builders in advance of any infrastructure announcement thereby strengthening the Town position in the market.
Alternatively, Council can execute the pre-qualification process once a funding announcement has been made. If the Town is successful they could proceed at that time to enter the market place knowing however that the competition will be greater. If the Town is not successful then Council would not be required to expedite the process as would be stipulated within the context of a funding agreement.
For Council’s benefit staff has assumed that Council would wish to engage the market early and has assumed an earlier pre-qualification process.
The Design-Build process often includes the provision of an honorarium to qualified bidders. Honorariums can range from $5,000 to $10,000 per firm for projects of this nature. The purpose of the honorarium is to offer some incentive and partial renumeration for the additional effort that is involved in preparing a Design-Build proposal. (In a traditional Design-Bid-Build tender, the design has already been completed so the General Contractor is pricing their efforts on a specific set of construction drawings. In the case of Design-Build, the firms need to design and prepare general construction drawings in order to come up with a fixed fee.)
Other Considerations
If Council is not successful in securing infrastructure funding, then they have the opportunity to re- state the timelines and how they wish to proceed. Council would not be compelled to proceed with the Design-Build process, and consider alternate processes like a traditional Design-Bid-Build. In this case all works completed by the Compliance Architect developing the OSOR would be effectively given to a Prime Design Consultant. In short, there would be no lost effort undertaken. Project Managers would still be required to support the capital projects but in a different timeline.
Immediate Next Steps
In sequential order Council needs to; (i) secure a project management firm to manage the entirety of the project, (ii) secure a Compliance Team to develop the “Owners Statement of Requirements”, (iii) shortlist design-building firms that have specific experience in arena and/or library construction.
Request for Proposal (RFP) Timelines
Generally, a typical RFP process requires a minimum of 11 weeks to secure the required professional services, as follows; - 6 -
Page 109 of 125 2 weeks to prepare the necessary procurement document details 3 weeks minimum deadline for proposal submissions. 1 week to evaluate proposals 1 week for interviews and final decisions. 3-4 weeks for Council approval. 1 week to mobilize successful proponent.
In all three cases, Council will need to issue Request for Proposals (RFP’s) expeditiously if they wish to be “shovel ready” by October 1, 2019 funding opportunities.
Infrastructure Funding Application
The window for application/submission is typically short. Staff anticipates that one of the requirements for intake will involve a Council resolution that illustrates Council’s support of the projects and directs staff to submit an application for funding such projects. For this reason, staff has included a recommendation to that effect in this report. Council will further note that the combined recommendations included in this report serves Council’s intent to be “shovel ready” in a compelling manner.
Process Illustration
Staff has prepared a Gantt chart that illustrates in detail the weekly timelines involved for securing each of the required disciplines in order to bring Council’s capital projects as shovel ready as possible. The Gantt chart is featured in Appendix A of this report.
For Council’s benefit below is a summary illustration of the key activities that need to be executed both sequentially and concurrently.
JULY AUGUST SEPTEMBER OCTOBER
Site Sele ctio n
RFP Project Management Development Approvals & Work Plan Development
RFP Compliance Team Owners Statement of Requirements
Stakeholder Engagement
Short Listing Design Build Firms
Funding Submission - 7 -
Page 110 of 125 Council should know that the schedule is very aggressive. In the interest of time, staff has enlisted the support of a procurement specialist to author the terms of reference for each of the Request for Proposal (RFP’s) that will be required. We note that this work effort will be required in any event and the actual release of the RFP’s would be subject to Council approval as per the recommendation in this report.
CONCLUSION
Staff are confident that the four twinpad arena sites and five library sites currently under evaluation are all viable locations for the new facilities. As a result, the focus of this report is to identify the key next steps in the process and seek Council direction to proceed. The opportunity that presents itself to Council is the possibility of Federal-Provincial Funding in early fall of 2019. To be “shovel ready” for a fall intake, this report identifies the key activities within a compressed timeline that Council will need to work towards to be “intake ready”.
Respectfully Submitted,
Pam Pal Chris Roos
Pam Pal Chris Roos Director, Library Services Director - Recreation, Events & Facilities
Enclosure
Appendix A - PROPOSED* PROJECT WORKPLAN SCHEDULE
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Page 111 of 125 Appendix - A
PROPOSED* PROJECT WORKPLAN SCHEDULE
PROJECT ACTIVITIES June July Aug Sept Oct RFP – Project Management Services Document Preparation RFP Posting Review Interviews Council Endorsement PM Mobilization Development Approvals RFP – Compliance Team Document Preparation RFP Posting Review Interviews Council Endorsement CT Mobilization Owners Statement of Requirements Stakeholder Engagement RFEOI – Design Build Document Preparation RFP Posting Review Interviews Council Endorsement Short List Roster Page 112 of 125 THE CORPORATION OF THE TOWN OF WASAGA BEACH
BY-LAW NO. 2019-73
A By-law to amend Town of Wasaga Beach Comprehensive Zoning By-law No. 2003-60, as amended (Cannabis Cultivation, Agricultural)
WHEREAS pursuant to Section 34 of the Planning Act, R.S.O., 1990, the Council of the Town of Wasaga Beach has passed a comprehensive Zoning By-Law No. 2003-60 for the Town of Wasaga Beach;
AND WHEREAS pursuant to Section 34(17) of the Planning Act, R.S.O., 1990, Council determines that no further notice is required in respect of the proposed by-law;
AND WHEREAS Council deems it advisable and expedient to amend Zoning By- Law No. 2003-60;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF WASAGA BEACH HEREBY ENACTS AS FOLLOWS:
1. THAT Section 27 Definitions of Zoning By-Law No. 2003-60 is amended by adding the following definition as follows:
“ 27.10.1 Agricultural Cannabis Cultivation Site: Means buildings or structures used for growing and destroying of cannabis which is authorized by a license issued by the Federal Minister of Health pursuant to the Cannabis Act as amended from time to time or any successors thereto and may include the minimum amount of processing, testing, packaging and/or shipping necessary to make the product available for sale and use in accordance with the license and does not include any processing, testing, and packaging beyond the minimum.”
2. That Section 24 Rural (RU) Zone of Zoning By-law 2003-60 is amended by adding “Agricultural Cannabis Cultivation Site” within Section 24.2.2 a) and by adding the following paragraph after Section 24.3.15:
“24.3.16 Where a lot is used for an Agricultural Cannabis Cultivation Site, the following zone regulations shall also apply: a) Agricultural Cannabis Cultivation shall be located in a detached and enclosed building; b) buildings shall be setback 100 metres from any lot line abutting a residential use, or any residential, institutional or open space zone
Page 113 of 125 By-law 2019-73 Page 2 c) No minor variance to any of the provisions of Section 24.3.16 shall be permitted by Committee of Adjustment and shall only be addressed by a Zoning By-law Amendment”
3. That Section 3.38.9 Minimum Parking Requirements be amended by adding “Agricultural Cannabis Cultivation Site” in the portion of the table under use and by adding “1 space per 37 square metres of gross floor area” in the corresponding portion of the table under minimum parking required.
4. That Section 27.9 Agricultural Use of Section 27 Definitions of Zoning By- law 2003-60 be amended by adding the following wording “and an Agricultural Cannabis Cultivation Site” after the wording “ and excludes intensive agricultural uses”.
5. THAT all other respective provisions of Zoning By-law 2003-60, as amended, shall apply.
6. THAT this By-law shall come into force and effect in accordance with the provisions of the Planning Act, R.S.O., 1990 c.P.13.
READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 25th DAY OFJUNE, 2019.
THE CORPORATION OF THE TOWN OF WASAGA BEACH
______Nina Bifolchi, Mayor
______Dina Lundy Director, Legislative Services and Clerk
Page 114 of 125 THE CORPORATION OF THE TOWN OF WASAGA BEACH
BY-LAW NO. 2019-74
A By-law to deem part of Registered Plan 930, Town of Wasaga Beach, not to be a Registered Plan of Subdivision (Lots 10, 11 and 12 Plan 752, River Road East)
WHEREAS Subsection 50(4) of the Planning Act, R.S.O. 1990, Chapter c.P. 13, provides that the Council of a municipality may designate a plan of subdivision or part thereof, that has been registered for eight years or more, which shall be deemed not to be a registered plan of subdivision for the purpose of conveying land under Subsection 50(3) of the Act;
AND WHEREAS Plan 752 has been registered in the Land Titles Office in Barrie, Ontario for eight years or more prior to the date of passing of the By-Law;
AND WHEREAS pursuant to the Planning Act, R.S.O. 1990, Chapter c.P. 13, s.50(4), Council deems it expedient to deem Lots 10, 11 and 12 Plan 752 in the Town of Wasaga Beach, not to be in a Registered Plan of Subdivision for the purposes of Section 50(3) of the Act;
NOW THEREFORE the Council of the Corporation of the Town of Wasaga Beach HEREBY ENACTS as follows:
1. THAT the Council of the Corporation of the Town of Wasaga Beach hereby deem Lots 10, 11 and 12 Plan 752 not to be within a Registered Plan of Subdivision for the purposes of the Planning Act, R. S.O. 1990, c.P.13, s.50(3).
2. THAT this By-Law shall come into force and take effect on the date of its final passing.
BY-LAW READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 25th DAY OF JUNE, 2019.
THE CORPORATION OF THE TOWN OF WASAGA BEACH
______Nina Bifolchi, Mayor
______Dina Lundy, Director, Legislative Services & Clerk
Page 115 of 125 THE CORPORATION OF THE TOWN OF WASAGA BEACH
BY-LAW NO. 2019-75
A By-law to amend Town of Wasaga Beach Comprehensive Zoning By-law No. 2003-60, as amended (Public Uses)
WHEREAS pursuant to Section 34 of the Planning Act, R.S.O., 1990, the Council of the Town of Wasaga Beach has passed a comprehensive Zoning By-Law No. 2003-60 for the Town of Wasaga Beach;
AND WHEREAS pursuant to Section 34(17) of the Planning Act, R.S.O., 1990, Council determines that no further notice is required in respect of the proposed by-law;
AND WHEREAS Council deems it advisable and expedient to amend Zoning By- Law No. 2003-60;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF WASAGA BEACH HEREBY ENACTS AS FOLLOWS:
1. THAT Section 27, entitled Definitions, of Zoning By-Law No. 2003- 60 is amended as follows:
a. Definition Section 27.161, entitled Public Use, is deleted and replaced by the following text:
“27.161 PUBLIC USE
Shall mean the use of a lot, building, structure or facility by a public authority, for the purpose of providing public service facilities and infrastructure to the public, or carrying out its public mandate. “
b. A new definition for Public Service Facilities is added as Section 27.161.1, as follows:
“27.161.1 PUBLIC SERVICE FACILITIES
Shall mean land, buildings and structures for the provision of programs and services provided or subsidized by a public authority, such as social assistance, recreation, police and fire protection, health and educational programs, and cultural services. Public service facilities do not include infrastructure.”
c. A new definition for Public Authority is added as Section 27.161.2, as follows:
Page 116 of 125 By-law 2019-75 “27.161.2 PUBLIC AUTHORITY
Shall mean: a) the Government of Canada, Province of Ontario, County of Simcoe, Town of Wasaga Beach, or any commission, committee, board, department or school board established by such agency; b) any entity providing police, ambulance or fire service on behalf of the authorities described in clause a); c) any utility company providing telephone, electrical or natural gas services; d) any railway company authorized under the Railway Act of Canada; or e) any corporation providing services to the public that apart from fees charged for its services has an operating budget entirely funded by one or more entities described in clause a).
d. A new definition for Infrastructure is added as Section 27.97.1, as follows:
“27.97.1 INFRASTRUCTURE
Shall mean physical structures (facilities and corridors) that form the foundation for development. Infrastructure includes: sewage and water systems, septage treatment systems, stormwater management systems, flood and erosion control structures, waste management systems, electricity generation facilities, electricity transmission and distribution systems, communications/ telecommunications, transit and transportation corridors and facilities, oil and gas pipelines and associated facilities.”
2. That General Provision 3.26, entitled Public Uses, is hereby deleted and replaced with the following text:
“3.26 PUBLIC USES
3.26.1 General Permissions and Provisions
Public uses (public service facilities and infrastructure) are permitted in all zones in this By-law, unless a specific zone provides further regulations therein.
Every public use shall comply with the General Provisions of this By-law as contained in Section 3 hereof, and the provisions of the specific zone in which it is located.
3.26.2 Public Infrastructure
Page 117 of 125 By-law 2019-75 3.26.2.1 Nothing in this By-law shall prevent the use of land in any zone for public infrastructure, or private infrastructure that is intended to be assumed by a public authority upon construction and certification, provided that the location of such infrastructure has been approved by the Corporation.
3.26.2.2 Any telecommunications and electrical distribution company may, for the purposes of the public service, use any land or erect, or use any building or structure in any Zone. However, such use, building or structure shall be in compliance with the regulations prescribed in such Zone. There shall be no exterior storage in yards of goods, materials or equipment in any residential, mixed-use or transition, institutional, rural, open space, or environmental protection Zone.
3.26.3 Provisions in Residential Zones Any above ground non-recreational public use which is located in a Residential Zone shall be enclosed in a building or structure designed, located and maintained in general harmony with the permitted residential buildings in such Zone or shall be suitably buffered.
3.26.4 Wayside Pits Nothing in this By-law shall prevent a wayside pit or quarry or asphalt plant used in connection with a public road authority contract.
3.26.5 Natural Heritage and Natural Hazard Protection
3.26.5.1 Any building or use constructed or established under the jurisdiction of a public authority as a public use that is proposed to be located in the natural heritage system in the Official Plan, and/or is zoned Environmental Protection (EP) or Open Space (OS), shall be subject to the review of an environmental impact study (EIS) to the satisfaction of the Town and/or the Conservation Authority, where applicable in the policies of the Official Plan.
3.26.5.2 Any building or use constructed or established under the jurisdiction of a public authority as a public use that is proposed to be located in a natural hazard designation in the Official Plan and/or is zoned Environmental Protection (EP) or Open Space (OS), shall be in conformity with the provisions contained within Section 3.12 “Watercourse, Floodplain, Slope Regulations”.”
3. THAT all other respective provisions of Zoning By-law 2003-60, as amended, shall apply.
4. THAT this By-law shall come into force and effect in accordance with the provisions of the Planning Act, R.S.O., 1990 c.P.13.
Page 118 of 125 By-law 2019-75
READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 25TH DAY OF JUNE, 2019.
THE CORPORATION OF THE TOWN OF WASAGA BEACH
______Nina Bifolchi, Mayor
______Dina Lundy Director, Legislative Services and Clerk
Page 119 of 125 THE CORPORATION OF THE TOWN OF WASAGA BEACH
BY-LAW 2019- 76
A By-law to exempt Lot 1 and 2 on Registered Plan 804 in the Town of Wasaga Beach, County of Simcoe from Part Lot Control (Campagnolo Holdings Inc.)
WHEREAS Section 50 of the Planning Act, R.S.O. 1990 c.P. 13, as amended provides that no person shall convey part of any lot within a Plan of Subdivision;
AND WHEREAS Section 50(7) of the Planning Act, R.S.O. 1990, c.P.13, as amended, provides for a Council to designate by By-Law, that Section 50 does not apply to certain lands within a registered Plan of Subdivision;
AND WHEREAS Section 50(7) of the Planning Act, R.S.O. 1990, c.P. 13, as amended, provides that notwithstanding the provisions of Subsection (5), the Council of a municipality may by By-Law provide that plans of subdivision or parts thereof are designated in the By- Law are not subject to Subsection (5) of Section 50, and does not take effect until it has been approved by the Town of Wasaga Beach;
AND WHEREAS an application has been submitted by the owner requesting that a By-Law be enacted under the provisions of Subsection (7) of Section 50 of the Planning Act, R.S.O. 1990, c.P. 13, as amended;
AND WHEREAS the Council of the Corporation of the Town of Wasaga Beach deems it advisable to enact such a By-Law to exempt Lots 1 and 2 on Registered Plan 804 in the Town of Wasaga Beach, from those provisions of the Planning Act, dealing with Part Lot Control.
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF WASAGA BEACH HEREBY ENACTS AS FOLLOWS:
1. THAT Subsection (5) of Section 50 of the Planning Act R.S.O. 1990 c. P.13 does not apply to Lots 1 and 2 on Registered Plan 804 in the Town of Wasaga Beach, County of Simcoe as shown by Schedule “A” attached hereto and forming part of this By-law.
2. THAT this By-law shall come into force and take effect on the date of its final passing.
3. THAT this By-law shall be deemed to be rescinded by the Town of Wasaga Beach no later than two years after the approval date.
Page 120 of 125 By-law 2019-76 Page 2
BY-LAW READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 25TH DAY OF JUNE, 2019.
THE CORPORATION OF THE TOWN OF WASAGA BEACH
Nina Bifolchi, Mayor
Dina Lundy, Town Clerk
Page 121 of 125 ¯ Town of Wasaga Beach Schedule 'A' I-2 Nottawasaga R1 . River . E Rd R2 er Riv
R4H-6 CA
CA-9
R1
Laidlaw St. R1
CA
Elm Dr. Elm Beck St. Beck OS R1 CT
Area Exempted from Part Lot Control
Area Rezoned from R3H-22 to R3-22 This is Schedule 'A' to By-Law 2019-76 Passed the 25th day of June 2019. Signatures of Signing Officers
Mayor______
Clerk ______
Meters 80 40 0 80
Page 122 of 125 THE CORPORATION OF THE TOWN OF WASAGA BEACH
BY-LAW 2019-77
A By-law to authorize the execution of a Lease Agreement
WHEREAS pursuant to section 9 of the Municipal Act, 2001, 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, 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 Council of the Corporation of the Town of Wasaga Beach deems it advisable and expedient to enter into a Lease Agreement with a tenant for one of the units at the Beachfront or at the Main Street Market; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF WASAGA BEACH HEREBY ENACTS AS FOLLOWS:
1. That Council approves a lease to utilize Town lands, known as ______, Wasaga Beach based on the terms of the Town’s Standard Lease Agreement and the particulars outlined on the attached Schedule “A”. hereto, which forms part of this by-law.
2. That the Mayor and Clerk are hereby authorized to execute the said Agreement on behalf of the Corporation and to affix the Corporate Seal thereto.
3. That this By-Law shall come into force and effect on the final passage thereof.
BY-LAW READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 25TH DAY OF JUNE, 2019.
THE CORPORATION OF THE TOWN OF WASAGA BEACH
______Nina Bifolchi, Mayor
______Dina Lundy, Director, Legislative Services & Clerk
Page 123 of 125 THE CORPORATION OF THE TOWN OF WASAGA BEACH
BY-LAW 2019- 78
A By-law to confirm the proceedings of the Council of the Corporation of the Town of Wasaga Beach at its Regular meeting held Tuesday, June 25, 2019.
WHEREAS Section 5(1) of the Municipal Act, 2001, provides that the powers of a municipality shall be exercised by its council;
AND WHEREAS Section 5(3) of the Municipal Act, 2001, provides that municipal power, including a municipality's capacity, rights, powers and privileges under Section 9 of the Municipal Act, 2001, shall be exercised by by-law unless the municipality is specifically authorized to do otherwise;
AND WHEREAS in many cases, action which is taken or authorized to be taken by the council does not lend itself to the passage of an individual by-law;
AND WHEREAS the Council of The Corporation of the Town of Wasaga Beach adopted By-Law 2019-25, establishing rules of order and procedures for the Council;
AND WHEREAS provision was made in By-Law 2019-25, for enactment of a Confirmatory By-Law at the end of each Regular or Special Council Meeting to confirm recommendations and actions approved at that meeting;
AND WHEREAS the Council of the Town of Wasaga Beach deems it advisable and expedient that the proceedings of these meetings be confirmed and adopted by by- law;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF WASAGA BEACH HEREBY ENACTS AS FOLLOWS:
1. That the actions of the Council of the Corporation of the Town of Wasaga Beach, at its meetings held on the dates listed above in respect of every report, motion, resolution, declaration or other action passed, taken or adopted by Council at these meetings, including the exercise of natural person powers, except where approval of another authority is required by law or where implementation is subject to other legislation, are hereby adopted, ratified, and confirmed as if each report, motion, resolution or other action was adopted, ratified, and confirmed by a separate by-law.
Page 124 of 125 By-law 2019-78 Page 2
2. That where no individual by-law has been or is passed with respect to the taking of any action authorized in or by the above-mentioned minutes or with respect to the exercise of any powers by the Town of Wasaga Beach in the above- mentioned minutes, then this By-Law shall be deemed for all purposes to be the by-law required for· approving and authorizing and taking of any action authorized therein and thereby or required for the exercise of any powers therein by the Town of Wasaga Beach.
3. That any a member of Council who dissented from any action or proceeding or has abstained from discussion and voting thereon shall be deemed to have dissented or abstained, as the case may be, in respect to this By-Law as it applies to such action or proceeding.
4. That the Mayor or designate and the proper officials of the Town of Wasaga Beach are hereby authorized and directed to do all things necessary to give effect to the said actions or to obtain approvals where required and are to execute all documents as may be necessary in that behalf, and the Clerk or designate is hereby authorized and directed to affix the Corporate Seal to all such documents.
5. That this By-Law shall come into force and effect on the final passage thereof.
BY-LAW READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 25TH DAY OF JUNE, 2019.
THE CORPORATION OF THE TOWN OF WASAGA BEACH
______Nina Bifolchi, Mayor
______Dina Lundy, Director, Legislative Services & Clerk
Page 125 of 125