Special Council Meeting to be held at Council Chambers, City Hall 171 Main Street, Penticton, B.C. Tuesday, July 24, 2018 at 4:30 p.m.

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1 Agenda Special Council Meeting to be held at Council Chambers, City Hall 171 Main Street, Penticton, B.C. Tuesday, July 24, 2018 at 4:30 p.m. 1. Call Special Council Meeting to Order 2. Adoption of Agenda 3. Staff Reports: 3.1 Penticton Curling Club, Request for financial assistance 1-6 Staff Recommendation: THAT Council direct staff to negotiate an agreement with the Penticton Curling Club to provide an interest free loan, to a maximum of $32,000 for repair or replacement of the brine chiller, which is required to maintain the ice surface; AND THAT upon completion of the statutory advertising, the Mayor and Corporate Officer be authorized to execute the loan document. 3.2 Public Washroom 300 Block of Main Street 7-9 Staff Recommendation: THAT Council direct that the public washroom project for the 300 block of Main Street be considered as part of the 2019 budget process. 4. Public Question Period 5. Adjournment

2 - 1 - Council Report Date: July 24, 2018 File No: To: Peter Weeber, Chief Administrative Officer From: Bregje Kozak, Director Recreation & Facilities Subject: Penticton Curling Club, Request for financial assistance Staff Recommendation THAT Council direct staff to negotiate an agreement with the Penticton Curling Club to provide an interest free loan, to a maximum of $32,000 for repair or replacement of the brine chiller, which is required to maintain the ice surface; AND THAT upon completion of statutory advertising, the Mayor and Corporate Officer be authorized to execute the Loan Document. Background At the July 17, 2018 Committee of the Whole meeting a delegation from the Penticton Curling Club requested financial assistance for the upgrade of their ice plant. The Penticton Curling Club holds a lease with the City for the operation, repair and maintenance of the Curling Club facility located at 505 Railway Street, within the South Okanagan Event Centre site. The Club currently holds a 10 year nominal lease ($1 annually), expiring on September 30, The lease specifies responsibility for both the tenant and landlord in repair, maintenance and operations of the facility. The landlord (City of Penticton) is responsible for repairs, maintenance and replacement of the roof and rooftop heating and ventilation units, and the tenant at its own expense, will repair and maintain the Premises and all improvements, furnishings and equipment including plumbing, electrical systems, HVAC systems, maintaining interior walls and structure, and ice making equipment. The lease further stipulates that the tenant is responsible for replacement or renewal of buildings systems and equipment when necessary. In August 2017, the City advanced a $45,000 interest free loan to the Curling Club to assist with the replacement of a compressor unit required to run the ice plant. The plant continues to age and certain components have failed and are in need of replacement. BC Technical Authority recently issued a noncompliance for several items related to the ice plant as follows:

3 Non-Compliance Description Action Est. Cost 1. Ice plant signage and PID Diagram 2. Ammonia Discharge Piping PID diagram and system signage must be posted at the ice plant with necessary plant details including contact name and address, refrigerant type, size of unit, testing procedures, etc. Size of the relief piping from the fusible plug is too small for the size of the plant. This needs to be corrected prior to plant start-up. 3. Brine Chiller Leaks Chiller does not hold required test pressure. Significant corrosion was found in the tubes within the vessel and is believed to be the cause of the leak. This needs to be corrected prior to plant start-up. Curling Club has posted signage as required. COMPLETE The relief pipe is a base building item that needs to be replaced. The City performed a similar upgrade to Memorial arena discharge pipe in As it is a base building item, the City will fund this scope of work. The chiller is only 10 years old and has failed prematurely. A contractor has indicated replacement as the best option. The City is also looking into the option of repairing the chiller at a much lower cost and will evaluate the best option once more information is known. $0 completed within Club operational budget $25, The City will fund this work from within existing Facilities capital budget. The City has engaged an engineer to prepare the design and drawings to be issued for tender. $67,000 The City has engaged an engineer to review the chiller on site and determine if repair is an option. If not, full replacement will be required. The amount noted above is worst case scenario for full replacement. The total estimated cost for the BC Technical Authority priority upgrades is $92,000. Item #1 is an operational issue that has been addressed. The Curling Club has approached the City for financial assistance in dealing with items #2 and #3. BC Technical Authority has noted that all items above must be completed before the ice plant is able to start-up in September. Concurrent to the request for financial assistance to the City, the Curling Club is also pursuing a matching grant through the Province s Community Gamings Grants Branch to assist with the plant repairs. As the gaming grant allows for matching funds up to $225,000, the Curling Club has prepared an estimate for full replacement of all key equipment and components for the ice plant, in addition to the BC Technical Authority priorities noted in the table above, in order to leverage the grant funding to its fullest extent. Although the remainder of the ice making equipment is in operating condition, most of the components are Council Report Page 2 of 5

4 past their useful life and replacement should be considered. The total estimated cost for the additional upgrades is $123,000, broken down as follows: ADDITIONAL UPGRADES ESTIMATED COST Plant assessment and pressure testing $ 6,500 Compressor Replacement $26,000 Condenser Replacement $72,000 Compressor Jacket Cooling $ 6,000 Access Package $ 7,500 Baltibond Construction $ 5,000 SUB-TOTAL: $123,000 ADD BC Technical Authority Upgrades $ 92,000 TOTAL: $215, The City has requested that the Curling Club develop a long term plan for their facility and continued operation and maintenance of the ice plant. The City has also recommended that the Curling Club engage an engineer to assist with planning their full replacement, if they are successful in their grant application. The additional upgrades proposed in this report are high level and an engineer would be able to assess options and provide recommendations for repair or replacement of the various components rather than relying solely on contractor s quotes. The City has engaged an ice plant specialist to review the condition of chiller and determine if there is a lower cost repair option. The final decision on repair or replacement can be made once those details are known. The review is expected to be completed the week of July 23. Financial implication There are several options being considered for funding the plant upgrades, depending on the result of the grant application. If the club is unsuccessful with the grant, only the BC Technical Authority upgrades would be completed at this time. However, if the club is successful in getting a grant, further upgrades may be considered depending on how much is received and timing of the work. The Curling Club has requested that the City assist in funding the required plant upgrades. They have identified partial funding for the upgrades from their own operating funds and are asking the City to consider supplementing their funding by either paying up front for all work, contributing towards the matching grant (if successful) and/or providing an interest free loan. The Curling Club has confirmed that they can commit up to $35,000 towards the BC Technical Authority upgrades and up to $51,000 towards the full plant upgrade. The difference between the two is that the Curling Club is expecting a contribution from Scotties ticket sales, up to $40,000, expected to be transferred to their account in the Fall. Since the BC Technical Authority upgrades are urgent and need to be done immediately, the club cannot wait for ticket sales confirmation for that work to begin. If the Club is successful in getting the grant funding, they won t likely know until Fall and tickets sales would be in their account by that time, allowing them to contribute the additional amount. Council Report Page 3 of 5

5 Following is the summary of the Club s desired funding scenarios: BC Technical Authority Upgrades: Estimated Cost $92,000 LESS Curling Club Contribution $35,000 LESS City Contribution $25,000 (ammonia pipe) Funding Shortfall $32,000 Full ice plant Upgrades: Estimated Cost $215,000 LESS Curling Club Contribution $ 51,000 LESS City Contribution $ 25,000 (ammonia pipe) LESS Matching Grant Funding $ 107,000 Funding Shortfall $ 32,000 The Curling Club is requesting assistance with the funding shortfall as noted above. In both cases, they require up to an additional $32,000 to fulfill the financial requirements for the project. As per the lease agreement, the City is not responsible for the repair and replacement of failed or aging components in the building and does not establish a budget for this type of work. As such, staff is recommending that Council consider providing an interest free loan to the Curling Club to support their request. An interest free loan to a maximum of $32,000 would be provided with the terms to be negotiated in a loan agreement. As this is a loan to be repaid it will be a balance sheet item and not affect the City s Financial Plan. As required by Section 24 of the Community Charter public notice must be provided advising of the City s intent to provide assistance in the form of a loan, prior to advancement of the loan. Analysis A reliable and safe ice plant is required in order to operate the Curling Club for the 2018/19 season and to continue their membership growth and potential for hosting world class curling events. Without implementing the BC Technical Authority upgrades, the operation of the Curling Club will be compromised. For the purposes of the grant application, the Curling Club requires a Council resolution committing to providing the City s share of matching funding, either through a loan or upfront payment. Although Scotties ticket sales proceeds may be able to fund the majority of the work, the curling club needs to evidence their ability to match funding at the time of the grant application due on July 31, 2018, which is why they are seeking financial assistance at this time. Council has questioned if the current lease agreement is consistent with other City leases, including financial responsibility for building maintenance and repairs. The City holds two other similar nominal leases for the Penticton Art Gallery and Leir House. The terms and conditions differ slightly between the different lease Council Report Page 4 of 5

6 agreements but essentially they all stipulate that the operation and maintenance responsibility for the building and its systems is with the tenant. Please see Appendix A for a comparison of the City leases and how the City has contributed to their operating and capital expenditures since 2014, as well as City grant allocations. Alternate recommendations That council provide alternate direction to staff. Attachments Appendix A City Nominal Lease Comparison Respectfully submitted, Bregje Kozak Director, Recreation & Facilities Concurrence ACFO AMC for Chief Administrative Officer LD Council Report Page 5 of 5

7 - 6 - Appendix A COMPARISON OF CITY LEASE AGREEMENTS FACILITY 1) Penticton Art Gallery Art Gallery of the South Okanagan 2) Leir House Penticton & District Community Arts Council 7) Curling Club Building TENANT The Penticton Curling Club RENT PAID TO CITY $5 for term of the lease (20 years) $1/yr $1/yr CITY GRANTS ALLOCATED TO TENANT 2018 Municipal Grants Cash $125, Permissive Exemption $17, Municipal Grants Cash $12,312 Permissive Exemption $10, Municipal Grants Cash $9,000 In-kind $5, Permissive Exemption $12,411 Capital $ $ $2, $0 Total = $2,639 Capital $ $10, $25, $65,408 Total = $101,155 Capital $ $ $100, $ Total $110,119 Costs from MAINTENANCE RESPONSIBILITY Tenant Operation, repairs and maintenance of Premises, site and all improvements including all appurtenances and equipment. Operational costs, repairs and maintenance of the buildings and grounds. Landlord Maintenance or replacement of water/power/storm and sanitary sewer in the Licensed Area. Not stipulated. Operating $6, $3, $4, $2,959 Total $16,979 Operation, repairs and maintenance of Premises and all improvements including machinery and equipment, including ice making equipment Repairs, maintenance and replacement of roof and HVAC rooftop units

8 - 7 - Council Report Date: July 24, 2018 File No: 5320 To: Peter Weeber, Chief Administrative Officer From: Mitch Moroziuk, General Manager of Infrastructure Subject: Public Washroom 300 Block of Main Street Staff Recommendation THAT Council direct that the public washroom project for the 300 block of Main Street be considered as part of the 2019 Budget process. Strategic priority objective Fiscal Sustainability Align Council Priorities with sustainable long term financial planning. Community Building Ensure City services are customer focused, sustainable, effective and relevant. Background On February 8, 2018 the Community Revitalization Select Committee passed the following a resolution: It was MOVED and SECONDED that the Community Revitalization Select Committee recommends: THAT a second washroom facility be installed in the 300 Block similar to the washroom facility installed in the 200 Block. This Resolution was forwarded to Council on February 20, 2018 where resolution 64/2018: THAT Council receive the draft minutes of the Community Revitalization Select Committee meeting of February 8, Staff will bring back a report with options and costs for a second washroom facility installed in the 300 Block of Main Street. On June 28, 2018 the Community Revitalization Select Committee discussed the washroom and the following is reflected in the minutes but no resolution was passed. The minutes state:

9 The City Engineer confirmed that the estimated cost for the installation of a washroom in the 300 Block of Main Street by the breezeway on the south west corner of the parking lot is $80,000. Council has already approved the installation pending receipt of the cost and funding source. This information will be provided to Council at the next regular Council meeting when the minutes of this committee meeting are received. On July 17, 2018 Council passed resolution 333/2018 which approved the consent agenda of which the Community Revitalization Select Committee minutes of June 28, 2018 were part of The Engineering Department has estimated that the cost to purchase, erect and service a washroom in the City parking lot east of the east lane 300 block of Main Street is $80,000. The Engineering Department and the Facility Department have reviewed their respective budgets and do not have funds available to complete the project. The Finance Department was also consulted and they indicated that they are still determining the value of any unspent funds that might be available and given that there were a lot of 2018 flood expenses it would be better to forward the washroom project to the 2019 budget discussions. Given that it will most likely take about four months from getting the decision to go ahead to having a functioning washroom, a 2019 project time frame fits better. Consideration of this project in the 2019 budget discussions will provide an opportunity for staff to rank this project within the capital project prioritization framework. All capital projects are ranked through this process, and understanding how this project ranks against other priorities and impact on the annual capital budget will provide a consistent approach and framework for budget deliberations. The washroom is planned to be constructed at the location shown in Figure 1. Figure 1 Washroom Location Council Report Page 2 of 3

10 - 9 - Financial implication The estimated capital cost of the washroom is $80,000. The estimated annual operating costs are $4,000 from May through end of October. Similar to the 200 block washroom, this washroom would be closed for the winter season. Analysis The Community Revitalization Select Committee has endorsed the construction of a public washroom in the 300 block. Council has been advised of the washroom location and the cost. Given that it will not be possible to construct the washroom for use in 2018 and given that no funding source can be easily identified at this time forwarding the project to the 2019 Budget process is a good choice. Should Council wish they could decide not to pursue the construction of a new washroom or they could approve the construction for 2018 and instruct staff to amend the budget accordingly with the funding coming from the capital reserve. Alternate recommendations Alternative 1 THAT Council not support the construction of a public washroom in the 300 block of Main Street. Alternative 2 THAT Council approve the construction of the public washroom in the 300 block of Main Street at a cost of $80,000 for 2018 and instruct staff to amend the budget accordingly with the funding coming from the capital reserve. Attachments Respectfully submitted, Mitch Moroziuk P.Eng. MBA General Manager of Infrastructure Concurrence Director of Recreation and Facilities A / Chief Financial Officer for Chief Administrative Officer BK AC LD Council Report Page 3 of 3