THE CORPORATION OF THE CITY OF FERNIE

Transcription

1 15 Minute Public Input Period THE CORPORATION OF THE CITY OF FERNIE Committee of the Whole held at 10:00 am on January 22, 2018 Council Chambers at City Hall, 501-3rd Avenue, Fernie, B.C. AGENDA Page 1. Call to Order 2. Approval of Agenda and Late Items 3. Adoption of Minutes Minutes of the Committee of the Whole meeting held on January 8, COTW 4. Business Arising from the Minutes 5. Petitions and Delegation Requests to address Committee Fernie Judo Club - Facility Rental Fee 6. Staff Reports STAFF RECOMMENDATION: THAT the Fernie Judo Club be recognized to address Council regarding facility rental fees. Fernie Judo Club - Letter Fernie Judo Club Fernie Judo Club. Report from the Deputy Clerk RFD - Fernie Judo Club Fernie Judo Club - Letter 2317 Leisure Services User Regulation and Fees Waiver of Room Rental Fees policy Isabella Dicken Parent Advisory Committee Request. Report from Deputy Clerk. PAC - Letter to Fernie City Council Page 1 of 91

2 City of Fernie Committee of the Whole of January 22, 2018 Agenda RFD - Isabella Dicken PAC Outdoor Rink Schedule. Report from the Deputy Clerk. RFD - Outdoor Rink Schedule Recommendations 7. Unfinished Business 8. Correspondence 9. New Business 10. Information Items 11. Reports from Council Councillor Qualizza. Mobile Vending RTC - Councillor Qualizza Staff Summary - Business Licensing Mobile Vending 2028 Business Licencing and Regulation Bylaw - Consolidated 2015 Mobile Vending Survey Results COTW Minutes 12. Resolution to Close Meeting to the Public 12.1 Financial Disclosure Statements 13. Adjourn STAFF RECOMMENDATION: THAT the meeting be closed to the public pursuant to S. 90 (1) (m) of the Community Charter as the subject matter relates to a matter that, under another enactment, is such that the public may be excluded from the meeting; and THAT the meeting be closed to the public pursuant to S.90 (1) (e) of the Community Charter as the subject matter being considered relates to the acquisition, disposition or expropriation of land or improvements, if the council considers that disclosure could reasonably be expected to harm the interests of the municipality; and THAT the meeting be closed to the public pursuant to S. 90 (1) (i) of the Community Charter as the subject matter being considered relates to the receipt of advice that is subject to solicitor-client privilege, including communications necessary for that purpose. 15 Minute Public Input Period Page 2 of 91

3 THE CORPORATION OF THE CITY OF FERNIE Minutes of a Committee of the Whole held at 10:00 AM on January 08, 2018 in the Council Chamber at City Hall, 501 3rd Avenue, Fernie, BC. Elected Officials Mayor M. Giuliano Councillor J. Levesque Councillor D. McSkimming Councillor D Schafer Councillor A Qualizza Councillor J. Warshawsky Appointed Staff N. McInnis, Chief Administrative Officer D. Cockwell, Director of Operational Services S. Garand, Corporate Officer M. Hill, Deputy Clerk B. Lennox, Director of Planning S. McMahon, Director of Financial and Computer Services L. Rhodes, Communications Coordinator P. Sorfleet, Manager of Planning CALL TO ORDER APPROVAL OF AGENDA AND LATE ITEMS ADOPTION OF MINUTES Mayor Giuliano called the meeting to order at 10:00 am. Moved by Councillor McSkimming Seconded by Councillor Warshawsky THAT the Agenda of the Committee of the Whole Meeting of January 8, 2018 be adopted. CARRIED 3.1 COTW Moved by Councillor McSkimming Seconded by Councillor Warshawsky THAT the Minutes of the Committee of the Whole Meeting on December 11, 2017 be adopted as presented. CARRIED PETITIONS AND DELEGATION REQUESTS TO ADDRESS COMMITTEE 5.1 Station Square Public Art Project -Public Arts Evaluation Committee as represented by Louise Hilliard Moved by Councillor McSkimming Seconded by Councillor Schafer THAT the Public Arts Evaluation Committee be recognized to address Council regarding the Station Square Public Art Piece. CARRIED Ms. Hilliard provided an update on the Station Square Public Art Project and answered Council inquiries. 3.1 Minutes of the Committee of the Whole meeting held on January 8, Page 3 of 91

4 Minutes of a Committee of the Whole held January 08, 2018 Ms. Hilliard reviewed the grant application process for the art piece. $50,000 in funding was received for the project through a joint grant application between the City of Fernie and the Fernie Museum to the BC Canada 150 Grant Program administered by the BC Museums Association on behalf of the Province of BC. The grant stipulates that the art must commemorate a significant community story that has shaped the history of the city. The objective of this public art project is to enhance the Fernie Station Square and commemorate the 1908 Fernie Fire. Ms. Hilliard reviewed the evaluation and public engagement process. STAFF REPORTS 6.1 Station Square Public Art Project - Corporate Officer The Corporate Officer reviewed the recommendation of the Public Arts Evaluation Committee. Moved by Councillor Qualizza Seconded by Councillor Schafer THAT Council receive the recommendation from the Public Art Evaluation Committee for award of the Station Square Public Art Project and the item be considered at the Regular Meeting of Council January 8, CARRIED ADJOURN Mayor Giuliano adjourned the meeting at 10:13 am. Mary Giuliano, Mayor Meredith Hill, Deputy Clerk I hereby certify the foregoing to be the correct Minutes of a Committee of the Whole held January 08, Minutes of the Committee of the Whole meeting held on January 8, Page 4 of 91

5 Femle ~' d 0'...L> jlzy.?_ t':;l_3_n. L7"_ c/o 4 Elkview Cres Fernie, B.C. VOB 1M3 December 13, 2017 Mayor and City Council City of Fernie Dear Sirs and Madams, The recent tragedy at our Fernie Memorial Arena has been devastating to many of our community members and our hearts go out to them. Sadly, the event continues to have an impact on many community groups as well. The Fernie Judo Club is very thankful for the efforts of city staff who have helped us secure a temporary home in Max Turyk; however as time passes on we need to address the issue of monetary fees. Because the Fernie Judo Club operates as a nonprofit sport and recreation group, we are unable to absorb the regular cost of renting space in the facility. As such, it has been suggested to us that we approach City Council and request that we pay the regular lease fee of $100 per month from our permanent location in the basement of the Curling Club building until such time that we can return there. We thank you for your consideration of our request and hope that we and other community groups may soon be able to return to a more normal situation. sincerely Fred Gietz for F rnie Judo Club 5.1 Fernie Judo Club - Facility Rental Fee Page 5 of 91

6 5.1 Fernie Judo Club - Facility Rental Fee Page 6 of 91 An Introduction to the Fernie Judo Club to?

7 5.1 Fernie Judo Club - Facility Rental Fee Page 7 of 91 The Fernie Judo Club started as a Fernie Winter Games Legacy in 1987

8 5.1 Fernie Judo Club - Facility Rental Fee Page 8 of 91 The Fernie Judo Club is a Member funded Society under the B.C. Societies Act Society s Purposes: The purpose of the Society is to organize, promote and advance the sport of Judo in Fernie and surrounding communities. The Fernie Judo Club is a non-profit sport and recreation group for both adults and children.

9 5.1 Fernie Judo Club - Facility Rental Fee Page 9 of 91 Fernie Judo runs from September to May Judo Club fees are $ per member, third family member is free. $80 of club fee goes to Judo B.C. and Judo Canada for insurance and sport programs The Fernie Judo Club sponsors club members in coaching courses, sport first-aid courses and sport clinics Remaining funds are for replacing equipment, uniforms etc.

10 5.1 Fernie Judo Club - Facility Rental Fee Page 10 of 91 NCCP Level II Coach Training Invermere Five Fernie Coaches attending with help from City of Fernie All Judo Club coaches are certified Blackbelts recognized by Judo B.C. and Judo Canada and have completed National Coaching Certification Program training and complete Criminal Record Checks: Brian Glover 1 st degree Blackbelt, Level II Certified Sam Samuelson 2 nd degree Blackbelt, Level II Certified Fred Gietz 3 rd degree Blackbelt, Level III Certified, Provincial Coach Facilitator / Trainer

11 5.1 Fernie Judo Club - Facility Rental Fee Page 11 of 91 Participation in B.C.W.G., Regional and Provincial Tournaments, and Petit Samurai regional training for youngsters

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14 5.1 Fernie Judo Club - Facility Rental Fee Page 14 of 91 Fernie Judo Invitational Tournament 30 years of friendly competition with over 100 families from Southern Alberta, East and West Kootenays and Northern Montana visiting Fernie. Post competition finds many families staying for a visit to the Aquatic Centre or skiing!

15 5.1 Fernie Judo Club - Facility Rental Fee Page 15 of 91 Summer new mats and floating floor for Judo Dojo in basement of Curling Club

16 5.1 Fernie Judo Club - Facility Rental Fee Page 16 of 91 September renovated dojo New floating floor Replace 15 mats Total cost approx. $3,500.00

17 5.1 Fernie Judo Club - Facility Rental Fee Page 17 of 91 Tragedy in Fernie October, 2017 Arena and Curling Club facilities closed and sealed. Fernie Judo Club finds temporary home with help of City Staff in Max Turyk Community Centre

18 5.1 Fernie Judo Club - Facility Rental Fee Page 18 of 91 January, Judo Club informed that there will be no return to Curling Club for the foreseeable future. A new temporary home needs to be found.

19 5.1 Fernie Judo Club - Facility Rental Fee Page 19 of 91 Club training area has been flooded; mats require replacement and new floor will have to be opened up in order to sterilize and dry. Other club equipment has been damaged and/or ruined. The club is currently consulting with insurance to ascertain the level of coverage.

20 5.1 Fernie Judo Club - Facility Rental Fee Page 20 of 91

21 5.1 Fernie Judo Club - Facility Rental Fee Page 21 of 91 Mayor and City Council City of Fernie Dear Sirs and Madams, The recent tragedy at our Fernie Memorial Arena has been devastating to many of our community members and our hearts go out to them. Sadly, the event continues to have an impact on many community groups as well. The Fernie Judo Club is very thankful for the efforts of city staff who have helped us secure a temporary home in Max Turyk; however, as time passes on we need to address the issue of monetary fees. Because the Fernie Judo Club operates as a non-profit sport and recreation group, we are unable to absorb the regular cost of renting space in the facility. As such, it has been suggested to us that we approach City Council and request that we pay the regular lease fee of $100 per month from our permanent location in the basement of the Curling Club building until such time that we can return there. We thank you for your consideration of our request and hope that we and other community groups may soon be able to return to a more normal situation. Sincerely, Fernie Judo Club

22 COUNCIL DIRECTION REQUEST (CDR) Committee of the Whole Date: January 22, 2018 To: From: Subject: Her Worship Mayor Giuliano and Members of Council Meredith Hill, Deputy Clerk Fernie Judo Club Facility Rental Costs DIRECTION/INFORMATION REQUESTED Staff is requesting direction from Council regarding facility lease fees for the Fernie Judo Club at the Max Turyk Community Centre. PURPOSE & SUMMARY To discuss the option of providing the Fernie Judo Club an amended lease rate for a facility rental at the Max Turyk Community Centre. BACKGROUND The Fernie Judo Club has a signed facility lease agreement to operate a dojo in the basement of the Curling Club at a lease rate of $100 per month. Since the closure of the Fernie Memorial Arena, Fernie Judo has set up a temporary dojo in a room at the Max Turyk Community Centre. While Fernie Judo is using this space, the room is not available to other community groups as the equipment needs to remain set up between sessions. The Leisure Services User Regulation and Fees Bylaw No stipulates that Max Turyk room rentals are charged at a rate $12 per hour. The bylaw does not outline a rate for monthly room rentals for this facility. To date, Fernie Judo has not been charged any rental fees for the use of this room. The Leisure Services Department has refrained from charging the Fernie Judo a rental rate until a decision can be made regarding the appropriate fee for the room rental. When a fee is established, the Fernie Judo Club has agreed to pay retroactively to the start of their tenure. The room currently being used by Fernie Judo will be taken over by a different community group at the end of the month. Fernie Judo has agreed to move their dojo to a new room. No other user group has come forward to request a lease on the room that Fernie Judo will be re located to. Reviewed by: Chief Administrative Officer Corp. Admin Services Director Financial & Computer Services Other: 6.1 Fernie Judo Club. Report from the Deputy Clerk Page 22 of 91

23 DISCUSSION The Leisure Services User Regulation and Fees Bylaw No does not stipulate a monthly rental rate for the Max Turyk Community Centre and there is a possibility for Council to set a unique rate for the Fernie Judo Club. City of Fernie policy Waiver of Room Rental Fees was created to define a procedure for accommodating requests from non profit or not for profit societies for the waiving of rental fees for their meetings. The policy states: The City of Fernie is committed to waiving rental fees for meeting of non profit or not for profit society at the Aquatic Centre s Multi Purpose Room or the Arena Annex Room when the societies have a recognized presence in the community. The City of Fernie owns and operates the Aquatic Centre and Area for leisure, social and community events. It is recognized that organizations that contribute to the well being of the community require a place to hold their meetings. IMPLICATIONS The Fernie Judo Club operates as a non profit sport and recreation group. The rental costs for a room at Max Turyk is higher than the lease rate paid by the Fernie Judo at their previous location. Fernie Judo has advised that that are unable to pay the regular hourly rate of $12 to hold the room as a dojo. CONCLUSION Options that could be considered by Council: Direct Staff to continue the Fernie Judo Club s signed facility lease agreement at the rate of $100 per month for the use of a room at the Max Turyk Community Centre until such time that the Club can return to the Curling Club basement location. Direct Staff to charge an hourly rate of $12 per hour for the Club s use of a room at the Max Turyk Community Centre. Direct Staff to charge a monthly facility lease rate in an amount as decided by Council. Respectfully submitted, Meredith Hill, Deputy Clerk Attachments: Fernie Judo Club Letter Bylaw 2317 Leisure Services User Regulation and Fees Waiver of Room Rental Fees policy 6.1 Fernie Judo Club. Report from the Deputy Clerk Page 23 of 91

24 Femle ~' d 0'...L> jlzy.?_ t':;l_3_n. L7"_ c/o 4 Elkview Cres Fernie, B.C. VOB 1M3 December 13, 2017 Mayor and City Council City of Fernie Dear Sirs and Madams, The recent tragedy at our Fernie Memorial Arena has been devastating to many of our community members and our hearts go out to them. Sadly, the event continues to have an impact on many community groups as well. The Fernie Judo Club is very thankful for the efforts of city staff who have helped us secure a temporary home in Max Turyk; however as time passes on we need to address the issue of monetary fees. Because the Fernie Judo Club operates as a nonprofit sport and recreation group, we are unable to absorb the regular cost of renting space in the facility. As such, it has been suggested to us that we approach City Council and request that we pay the regular lease fee of $100 per month from our permanent location in the basement of the Curling Club building until such time that we can return there. We thank you for your consideration of our request and hope that we and other community groups may soon be able to return to a more normal situation. sincerely Fred Gietz for F rnie Judo Club 6.1 Fernie Judo Club. Report from the Deputy Clerk Page 24 of 91

25 THE CORPORATION OF THE CITY OF FERNIE BYLAW NO A Bylaw to establish regulations and fees for Leisure and Recreation Services, Parks and Facilities WHEREAS the Community Charter provides that Council, by Bylaw, may impose a fee payable in respect of all or part of a service of the municipality, the use of municipal property, or the exercise of authority to regulate, prohibit or impose requirements; AND WHEREAS Council is desirous of setting fees, charges and regulations for the use of, or admission to, certain leisure and recreation facilities, parks, fields, equipment, materials and services; NOW THEREFORE, the Municipal Council of the Corporation of the City of Fernie, in open meeting assembled, ENACTS AS FOLLOWS: 1. CITATION This Bylaw may be cited for all purposes as the Leisure Services User Regulation and Fees Bylaw No. 2317, DEFINITIONS In this Bylaw: User by age: Adult means a person 21 years to 54 years of age; Child means a person 6 years to 12 years of age; Family means Parents and/or legal guardians and their immediate family as indicated on their medical services card; Infant means a child under 3 years of age; Pre-Schooler 3 years to 5 years of age; Senior means a person 55 years of age and over; Youth means a person 13 years to 20 years of age; User by type: 6.1 Fernie Judo Club. Report from the Deputy Clerk Page 25 of 91

26 Page 2 Leisure Services User Regulation and Fees Bylaw No. 2317, 2017 Annual Event means an event that has been held in each of the two previous years, on or near the same dates, by a regular user; Commercial means user whose primary purpose for the rental of a facility, park or field is financial gain; Junior refers to the category of junior hockey players or team; Local means any individual, group, or organization who are residents of the City of Fernie and may include non-resident taxpayers; Minor means a person under the age of 21; Non-Local means any individual, group, or organization that does not permanently reside in or is not primarily located in the City of Fernie, or an organization whose majority of members are not permanent residents of the City of Fernie or businesses that do not hold a valid business license from the City of Fernie; Not for Profit/Registered Charity means any individual or organization of a current not for profit society or charity registered with the Canadian Revenue Agency. Private/Commercial means any individual or group that is issued a Facility Rental Contract for the use of a recreation facility for the purpose of generating a profit; Regular Renter means a frequent user, whereby facilities are rented on a regular basis (weekly or bi-weekly) over a season or a period of months (minimum of 3 months); Special Event means a specific extraordinary event that requires cancellation of a regular renter s scheduled bookings; Spot Renter means an infrequent user that rents facilities on an intermittent basis over a period of weeks or months (less than three months). General Terms: Christmas Break means the period, as determined by School District #5, that the local public schools are closed for Christmas and New Years; Elk Valley Recreation Access Pass is an annual recreational pass providing universal access to the Municipal recreation facilities located in the District of Sparwood, District of Elkford and City of Fernie; Non-Prime Time is defined for the Fernie Memorial Arena, during the normal operating season, as Monday through Friday from 6:00 a.m. to 3:00 p.m. 6.1 Fernie Judo Club. Report from the Deputy Clerk Page 26 of 91

27 Page 3 Leisure Services User Regulation and Fees Bylaw No. 2317, 2017 Normal Operating Season means the period of time that a facility is open for its primary purpose (i.e. Arena Skating); Off-Season means the period of time that a facility is available, but is not for its primary purpose (i.e. Arena dry pad rentals); One-Time User means an infrequent or occasional user whereby facilities are not rented on a regular weekly or monthly schedule; Post-Season Operating Season is the period of time that a facility is open immediately after its normal operating period for its primary purpose; Pre-Season Operating Season is the period of time that a facility is open immediately prior to its normal operating period for its primary purpose; Prime Time is all other time not listed under non-prime time that the Fernie Memorial Arena is open during its normal operating season; Spring Break is the period of time as determined by School District #5, that the local public schools are closed. Normal occurrence is in March of each year; Statutory Holiday includes: New Years Day, Good Friday, Easter Sunday, Victoria Day, Canada Day, BC Day, Labour Day, Thanksgiving Day, Remembrance Day, Christmas Day, Boxing Day, BC Family Day; Working Days mean Monday to Friday except Statutory or Civic Holidays. 3. ADMINISTRATION 3.1 Any City of Fernie facility shall not be rented to a minor. The renter shall provide a competent and trustworthy adult/senior who will personally undertake the responsibility for the due observance of the rules and regulations governing City of Fernie premises. 3.2 Rules and regulations are to be strictly adhered to, failure to adhere to, or comply with the said rules and regulations may result in the termination of usage without refund of any rental fees paid, and may include invoicing of penalties and/or additional costs incurred by the City. 3.3 Prior to confirmation of bookings and leisure facility usage, all renters must sign a Facility Use Agreement (see Schedule C ). 3.4 Prior to confirmation of bookings and facility usage, all renters must obtain at a minimum five million dollars ($5,000,000) general liability insurance and shall 6.1 Fernie Judo Club. Report from the Deputy Clerk Page 27 of 91

28 Page 4 Leisure Services User Regulation and Fees Bylaw No. 2317, 2017 provide the City of Fernie with a Certificate of Liability Insurance, PROVIDED THAT such insurance shall not be required for bookings of the municipal facilities, other than parks and open spaces and events where liquor will be provided or consumed, when such booking is for the exclusive use by the individual, group or organization of such municipal facility and the activity is one that would otherwise be available or open to members of the general public. (see Schedule C ). The amount of this certificate of liability insurance is determined from time to time by the Municipal Insurance Association. 3.5 It is the responsibility of the renter to inspect the facility to ensure both suitability and safety. If the conditions are considered unsafe it is the responsibility of the renter to cancel their use immediately and advise the City of the circumstances. 3.6 Liquor is not permitted on any premises unless a liquor permit is in effect. Renters must obtain a liquor permit from the Liquor Control and Licensing Branch. 3.7 The renter agrees to comply with the British Columbia Fire Services Act (Assembly Hall Regulations) as outlined in Schedule C. 3.8 Renters are responsible for ensuring that clean-up takes place immediately after the activity and/or the event is complete. Renters are also responsible for insuring that the facility is completely secure after each use. (Specific responsibilities with regard to ball field rentals and/or Prentice Park concession rentals, please refer to Schedule B ). 3.9 The City of Fernie will provide the following employees per rental: Fernie Memorial Arena - One employee (arena attendant) per rental when the ice is in - Additional employees available on request at the rates outlined in Schedule A - Renters will be responsible for providing their own security personnel, cashiers, ticket takers, doormen, referees, timekeepers, goal judges, and announcers for all tournaments, games and Special or Annual Events Fernie Aquatic Centre - Two employees (2 lifeguards and/or instructors) per rental - Additional employees available on request at the rates outlined in Schedule A - Renters will be responsible for providing any other personnel required. 6.1 Fernie Judo Club. Report from the Deputy Clerk Page 28 of 91

29 Page 5 Leisure Services User Regulation and Fees Bylaw No. 2317, If a maintenance function is required of the City, request for service forms are supplied at the City Corporate Office at rd Avenue or online at The City of Fernie reserves the right to postpone or reschedule any activity due to unforeseen circumstances, without notice City of Fernie facilities are defined as the following: Fernie Memorial Arena - Normal operating season runs from the first operating Tuesday in September to the first Friday of April. - Pre-season operation season runs from the second Monday after the BC Day Statutory weekend until the start of the normal operating season. - Post-season operation season runs from the first Saturday of April until the 3 rd Saturday of April. - Off-Season operation normally runs from the first Monday after post season ice removal to the Friday before ice installation for preseason. - Closes at 4:00pm on Christmas Eve and New Years Eve. - Closed during the period of times to install and remove ice. - Limited hours or closed to public on all Statutory Holidays. - Rental rate for Statutory Holidays will be at normal hourly rates plus an additional $20.00 per hour to cover overtime costs chairs and 25 tables will be made available for annual or special event use Fernie Aquatic Centre - Normal operating season is year round - Closed on all Statutory Holidays - Annual Shutdown of eight weeks yearly, from the first Saturday in May to July 2nd Community Centres - Normal operating season is year round - The facility is traditionally shut down for two time periods for the refinishing of the floor annually and may be closed for short periods of time to accommodate seasonal maintenance. Specific time periods and the duration of the closure vary from year to year. The City shall notify Regular Renters of these occurrences chairs and 50 rectangular tables, and 40 round tables will be available for annual and special events use. 6.1 Fernie Judo Club. Report from the Deputy Clerk Page 29 of 91

30 Page 6 Leisure Services User Regulation and Fees Bylaw No. 2317, BOOKINGS Parks and Fields - Normal operating season runs from May to October. City fields may be available as early as April 15 th dependent on environmental and ground conditions but no maintenance will be completed and washrooms will not be open until May 1 st. - Normal operating times are from 7:00am to 10:00 pm - Throughout the normal operating season for short periods of time the facility may be closed to accommodate seasonal maintenance. The City will notify Regular Renters of these occurrences Curling Club - Normal operating season without ice runs from March 16 th to October 15 th - Normal operating season with ice runs from October 16 th to March 15 th - Facility is traditionally shutdown for one time period annually for floor refinishing. Specific time period varies from year to year. The City will notify Regular Renters of these occurrences Max Turyk School - Normal operating season is year-round - Normal operating times are from 7:00 am to 10:00 pm - Throughout the normal operating season the facility may be closed for short periods of time to accommodate seasonal maintenance. The City will notify Regular Renters of these occurrences. Rentals and Special Events can be made on Statutory Holidays at the rates outlined in Schedule A. 4.1 User Meetings for the Arena, Fields, and Special Events, will be held each year as follows: Annual Arena Users Meeting to be held each year during the month of May Annual Field Users Meeting to be held each year during the month of March Annual Special Events Users Meeting to be held each year during the month of January Booking requests shall contain a description of the event, including activities, number of people expected, date and time of the event and an estimate of the funds raised. Additional time requested for weekly 6.1 Fernie Judo Club. Report from the Deputy Clerk Page 30 of 91

31 Page 7 Leisure Services User Regulation and Fees Bylaw No. 2317, 2017 bookings must be received by the Leisure Service Office during regular business hours Administration of such bookings shall be the responsibility of the Director of Leisure Services or any other person designated by City Council and shall be deemed booked upon receipt of any and all applicable damage and cleaning deposits and proof of liability insurance coverage To be recognized as a not-profit/registered charity, community organizations must meet one of the two criteria as follows; The organization must be a duly registered charity with the Canada Revenue Agency or (BC) registered not for profit society, be open to the community at large and the proceeds from the event must be for community enhancement purposes; or, The organization must have been established and operating for a one (1) year period prior to the event, the event is for specialneeds population or general population of the community and no revenue will result from the event. 4.2 Regular Renters booking Special Events must submit written application to the City, indicating the exact dates and hours, and must be received by the City ten (10) months prior to the event. Extraordinary requests may be taken and considered that have not been established in previous years as Special Events. 4.3 Prior to each Normal Operating Season, Regular Renters are required to submit a written request to the City, which outlines annual weekly rental requests, annual events, and special event requests. The written request must include the exact dates, times and hours of each rental request; and the regular renter shall provide the City with the name, telephone numbers (residence and work place) and correct mailing address of the designated person who is responsible for making bookings and cancellations on behalf of the regular renter; and who will be the contact for the City on matters of cancellations, rentals and billings. For regular arena users, the written request must be submitted to the City no later than May 31st. For regular ball field users, the written request must be submitted to the City no later than February 30th. For regular aquatic centre users, the written request must be submitted to the City no later than August 31 st. 6.1 Fernie Judo Club. Report from the Deputy Clerk Page 31 of 91

32 Page 8 Leisure Services User Regulation and Fees Bylaw No. 2317, Weekly Schedule Revisions Regular Renters must comply with their designated time slots. Regular Renters requesting revisions to the Weekly Renters Schedule must submit written application to the City sixty (60) working days prior to the scheduled time slot(s). Revisions to the Schedule will not confirmed until the request has been submitted in writing and approved by the City. Regular Renters who mutually agree to switch rental times with other Regular Renters are encouraged to do so, providing, the facility does not impact other users i.e. exact time slot for time slot. The employee on duty at the facility must be notified of the switch. The City must be advised in writing for billing purposes. The rate charged will be equal to the rate normally charged for the regular user. 4.5 Cancellations Cancellations from Regular and Spot Renters must be received in writing by the City a minimum of ten (10) working days prior to the cancelled period, otherwise; the regular or spot user will be billed for the rental time. Cancellations of Annual and Special Events in the Arena must be received in writing by the City a minimum of sixty (60) working days in advance of the rental date. If the appropriate notice is not given, and the ice is not rented, the user group that booked the annual or Special Event shall be responsible for the full rental costs. When an annual or Special Event is cancelled within the appropriate time period, the ice time reverts back to the regular user. The City will notify the regular users that the time slot has been returned; in the event the regular user does not wish to use the time, it is the regular user s responsibility to provide written notice to the City, otherwise; the regular user will be billed for the time. 4.6 Christmas/Spring Break Schedules The weekly schedule assigned to Regular Renters will be void during the Christmas and Spring Break holidays. Regular Renters are required to submit written rental requests for the Christmas holiday season to the City by November 1 st no cancellations will be accepted after November 1 st (renters will be billed accordingly). Priority will be given to the special Christmas Holiday schedule prepared by the City. Rental requests from the Regular Renters will receive priority immediately after the city-sponsored programs. All other requests will be considered on a first come, first served basis. 4.7 Facility Decorations Decorations must be fastened with masking tape only, no staples, stickpins, or thumbtacks are to be used to fasten decorations to the walls. No decorations are 6.1 Fernie Judo Club. Report from the Deputy Clerk Page 32 of 91

33 Page 9 Leisure Services User Regulation and Fees Bylaw No. 2317, 2017 permitted to be fastened to the acoustical barriers, fire sprinkler system, fire alarms, fire extinguishers or emergency exit light. The use of candles is limited to containers that cover the flame by more than 3 inches. 4.8 Regular Renters booking Special Events must submit written application to the City, indicating the exact dates and hours, and must be received by the City ten (10) months prior to the event. Extraordinary requests may be taken and considered that have not been established in previous years as Special Events. 5. DISCIPLINE 5.1 The renter shall provide a conscientious adult/senior who will undertake to be responsible for the observance of the rules and regulations of the Facility User Agreement. Failure to adhere to, or comply with the rules and regulations may result in the termination of usage without refund of any rental fees paid, and may include invoicing of penalties and/or additional costs incurred by the City. 5.2 The City reserves the right to evict, cause to be removed, or refuse further bookings or admissions to individuals and/or user groups causing wilful damage or contravening the facilities regulations. 5.3 Anyone found on the premises with liquor or illegal substances in his/her possession, without proper authorization, will be reported to the authorities. 5.4 Overtime incurred by a City employee and/or contractor employed by the City as a result of a user not complying with the City rental regulations shall be charged to the user at the applicable charge-out rate. Groups found to have alcohol at a nonliquored event or in a facility where alcohol is not permitted will have all booked contracts cancelled and future booking contracts denied. 5.5 All City facilities are designated non-smoking. 6. RENTAL FEES AND PAYMENT 6.1 Rental classifications and rates shall be as provided in Schedule A. 6.2 Regular Renters are billed on a monthly basis. Regular Renters with unpaid accounts at thirty (30) days, will have a late fee of five per cent (5%) charged on their total bill; and, may have their rental privileges terminated until such time as the account is brought up to date. 6.1 Fernie Judo Club. Report from the Deputy Clerk Page 33 of 91

34 Page 10 Leisure Services User Regulation and Fees Bylaw No. 2317, Prior to confirmation of bookings and issuing keys, renters booking annual and/or Special Events must submit all rental fees, the damage deposit, and sign a Facility Use Agreement (see Schedule C ). 6.4 Spot renters shall submit all rental fees at the time of the booking. 6.5 Notwithstanding the rate structure set out in Schedule A hereto, the City of Fernie will from time to time give free use for marketing, promotional or social responsibility to an individual or organization reducing the daily rental fee to $1.00 for a given City of Fernie facility, when there is a demonstrated benefit to the City of Fernie Leisure Services Operations. 7. DAMAGE AND CLEANING DEPOSITS AND KEYS 7.1 Prior to confirmation of bookings and usage, a damage and cleaning deposit must be paid by all renters for Special and Annual Events. In the event the City determines that there has been no damage and additional cleaning is not warranted, the damage and cleaning deposit will be refunded. The initial damage and cleaning deposit, for special event daily rentals, is set at five hundred dollars ($500.00). Subsequent damage and key deposits will be based on previous year s damage to a maximum of five hundred dollars. Damage, cleaning, and key deposits will be refunded when key has been returned, and the custodial report has been received. 7.2 Renters will responsible for any damages to the facility as a result of their use and occupation of the facility, with the exception of equipment or structures that have been identified prior to the activity as showing wear or damage. In the event of damages to any portion of the facility, the renter shall be responsible for all costs of repairing and restoring any damage. The renter shall report to the City all damages within a twenty-four (24) hour period after the occurrence. Damages noted at the commencement of a booking shall be reported immediately unless City offices are closed; in which case, the next business day. 7.3 Renters shall be charged two hundred dollars ($200.00) per key for lost keys. If more than one key is required for a renter, additional keys may be signed out with a twenty-dollar deposit. 7.4 The individual(s) signing for the keys to any City facility are responsible for: unlocking the facility prior to use, security of the building during use, fire safety 6.1 Fernie Judo Club. Report from the Deputy Clerk Page 34 of 91

35 Page 11 Leisure Services User Regulation and Fees Bylaw No. 2317, 2017 of the building during use, supervision of users during use, and locking the facility following use. 7.5 Spot renters who require a key will be assigned a key for the facility s main entrance door. The renter shall return the key at the end of each rental. 7.6 Keys for the arena will only be available during the off-season. When the ice plant is in operation, no keys will be given out as per the Pressure Vessels Act, which stipulates that there must be an employee present who holds a current refrigerator operator s certification. 8. PRIORITY OF USE All bookings will be scheduled in order to maximize the use of the facilities. 8.1 City of Fernie Leisure Programs or any programs operated by the City of Fernie. 8.2 Minor sports/activity groups - a group that offers supervised, structured activities, whose primary function is skill development and attended by participants aged 0 to 16 years of age. Priority of use will be given prior to 8pm. 8.3 Junior sport/activity group - that offers supervised, structured activities with the majority of participants aged 16 to 20 years of age. 8.4 Adult sport/activity group a group that offers structured activities with the majority of participants aged 19 years of age or older. 8.5 Annual Events a Special Event that has been held in the previous two (2) consecutive calendar years by a regular renter. 8.6 Special Event - a specific extraordinary event that requires cancellation of a regular renter s scheduled bookings. 8.7 Non-profit oriented user volunteer group a group that is registered in B.C. as a non-profit society and whose primary purpose is to provide a service or benefit to the entire community. 8.8 Local - any person who is a resident of the City of Fernie and includes non-resident tax payers. 8.9 Commercial oriented group a group whose primary purpose is to generate a profit Non-Local - any individual or organization that does not permanently reside in or is not primarily located in the City of Fernie, or an organization whose 6.1 Fernie Judo Club. Report from the Deputy Clerk Page 35 of 91

36 Page 12 Leisure Services User Regulation and Fees Bylaw No. 2317, 2017 majority of members are not permanent residents of the City of Fernie or businesses that do not hold a valid business license from the City of Fernie All bookings will be scheduled in order to maximize the use of the facilities. 9. FACILITY SPECIFIC REGULATIONS 9.1 FERNIE MEMORIAL ARENA Games In the event of Junior Hockey Club games, Regular Renters shall vacate the ice surface forty-five (45) minutes prior to game time. No bookings permitted for (1) hour after a Junior hockey game Dressing Rooms Arena Annex Room Dressing rooms will be made available to regular users upon request to the Arena Attendants. Renters are responsible for ensuring that their personal belongings are secured (dressing rooms locked while on the ice surface) Coaches must be in attendance prior to the dressing rooms being unlocked by the Arena Attendants; and, at the end of the ice rental period, to ensure that all members have safely vacated the dressing rooms and that no damages have been incurred Renters must vacate their dressing rooms no later than forty-five (45) minutes after they have completed their ice rental Dressing rooms and/or storage areas that are occupied on a seasonal basis by a regular user are to be cleaned and kept in an orderly fashion by the user group Dressing rooms will be made available to the regular user hosting annual or Special Events The regular user is responsible for ensuring that individuals under the age of 19 years must be under the immediate supervision and control of an adult/senior who undertakes to be personally responsible for the adherence of the dressing room regulations Priority will be given to: 6.1 Fernie Judo Club. Report from the Deputy Clerk Page 36 of 91

37 Page 13 Leisure Services User Regulation and Fees Bylaw No. 2317, Leisure Service Department or City of Fernie programs or services Regular Renters paying the arena annex meeting room hourly rate as identified in the Leisure Services User Regulation and Fees Bylaw No One-time users and/or Special Event renters shall be charged the regularly hourly rental fee for the arena annex meeting room Liquor events a deposit of $ per event is required. Deposit will be refunded, unless the renter damages the room, or, the room is left in such a state that it requires special cleaning Ice Cleans User groups will be billed for all ice cleans within their ice block bookings. 9.2 Parks, Fields, Trails and Grounds Renters wishing to obtain a liquor licence under the policy of the Liquor Control and Licensing Branch are required to apply for the licence through the LCLB online application and provide proof of the require liquored liability insurance to the City. Applications must be received at least two (2) months prior to the date of the event and approval of location one (1) month prior to the event It shall be unlawful for any person to allow a horse under his/her control to enter or occupy parklands, other those constructed and maintained as road surface, public parking areas, or designated as a horse trail(s). Bylaw #1995 requires that all dogs must be on-leashes It shall be unlawful for any person to allow a motor vehicle, including a snowmobile, motorbike or all terrain vehicle to enter or occupy park lands other than those constructed and maintained as road surface or public parking areas Overnight camping is prohibited in all parks and/or fields The City may post a sign or signs to be placed at the entrances of parks and/or facilities for the purpose of: (a) displaying program information, hours and/or fees; (b) prohibiting motor vehicles, snowmobiles, all terrain vehicles and/or motor-bikes; (c) prohibiting overnight camping; (d) prohibiting horses and/or dogs; 6.1 Fernie Judo Club. Report from the Deputy Clerk Page 37 of 91

38 Page 14 Leisure Services User Regulation and Fees Bylaw No. 2317, 2017 (e) (f) displaying any information or requirements for good management and control of fields, parks, facilities. Civic obeyance of all signage posted for operating hours of all unattended parks, fields, trails, and grounds. 10. REPEAL Except with prior written approval from the Director of Leisure Services or his or her designate, it is unlawful for any person to operate on, enter or occupy any parklands with any motorized vehicle, including, but not limited to, an automobile, snowmobile, motorbike, all terrain vehicle, other than those constructed, maintained and open for use as a designated road surface or public parking area. This prohibition does not apply to the City of Fernie when performing maintenance operations in or on parkland either by its own forces or through the use of contractors Bylaw No cited as Leisure Services User Regulations and Fees Bylaw and all amendments thereto, are hereby repealed. 11. EFFECTIVE DATE 11.1 This Bylaw shall be in force and effective on the date of its adoption. Read a first time this 13th, day of March, Read a second time this 13th, day of March, Read a third time this 13th, day of March, Adopted this 27 th day of March, (original signed by GIULIANO) MAYOR (original signed by GARAND) Corporate Officer I hereby certify the foregoing to be the original Bylaw No Fernie Judo Club. Report from the Deputy Clerk Page 38 of 91

39 Page 15 Leisure Services User Regulation and Fees Bylaw No. 2317, 2017 A) Facility Admittance Rates (all prices are GST inclusive) Schedule A Age Category Infant No Charge Pre-Schooler $3.00 Child $4.00 Youth $5.00 Adult $6.00 Senior $5.00 Family $15.00 Special Needs admissions are assessed at one half of their regular rate for all admittance rates. Special Needs attendants will be admitted free of charge when supervising a special needs patron. Commercial Businesses must pay regular admittance. Punch Cards: Punch rates are determined by taking the admittance rate (as identified above) and multiplying it by the factor shown below: 10 Trip Punch Card multiply admittance rate by nine (9) 20 Trip Punch Card multiply admittance rate by seventeen (17) 30 Trip Punch Card multiply admittance rate by twenty-two and a half (22 ½) Passes: Pass rates are determined by taking the admittance rate (as identified above) and multiplying it by the factor shown below: 1 Month Pass multiply admittance rate by eleven (11) 3 Month Pass multiply admittance rate by twenty-eight (28) 1 Year Pass - Elk Valley Recreation Access Pass providing universal access to the Municipal recreation facilities located in the District of Sparwood, District of Elkford and City of Fernie. The Parties agree that they will adhere to the below rate for the sale of the EVAP. September 1, August 31, 2017 September 1, August 31, 2018 September 1, August 31, 2019 Elk Valley Access Pass $ $ $ Elk Valley Family Pass $ $ $ Fernie Judo Club. Report from the Deputy Clerk Page 39 of 91

40 Page 16 Leisure Services User Regulation and Fees Bylaw No. 2317, 2017 B) Facility Rental Rates (all prices are GST exclusive) non-profit organization renters Aquatic Centre (per hour) Rate Local Swim Club Per Swim Lane $9.50 Multipurpose Room $15.00 Full Facility (guards not include) $ Main Pool Only $45.00 Per Swim Lane $11.00 Competitions $64.50 Commercial renters Multipurpose Room $20.00 Full Facility $ Main Pool Only $75.00 Per Swim Lane $25.00 Competitions $ Additional Regular Rate $35.00 Staff Overtime Rates $70.00 Swim Lessons 30 Minute Class $ Minute Class $ Classes 60 Minute Class $85.00 Private ½ Hour Lesson $ Classes 30 Minute Class $ Minute Class $45.00 Fernie Memorial Arena (per hour except where noted) Rate Regular Season Minor Non-Prime $40.00 Prime $60.00 Special Event (per day) $ Junior Non-Prime $50.00 Prime $65.00 Special Event (per day) $ Fernie Judo Club. Report from the Deputy Clerk Page 40 of 91

41 Page 17 Leisure Services User Regulation and Fees Bylaw No. 2317, 2017 Hockey Game $ Hockey Game Extra Hour $ Adult Commercial Non-Local Non-Prime $75.00 Prime $ Special Event (per day) $ Non-Prime $ Prime $ Vacant Ice 48 Hours Prior $80.00 Non-Prime Vacant Ice 48 Hours Prior $ Prime Fernie Memorial Arena (per hour except where noted) Pre / Post Season Rate Minor Per Hour $65.00 Junior Per Hour $70.00 Hockey Game $ Adult Per Hour $ Commercial Non-Local Per Hour $ Off Season (dry pad) Minor to Adult Per Hour $30.00 Per Day $ Commercial Adult Liquored Per Hour $80.00 Per Day $ Per Day $ Annex Room Rentals Rate 6.1 Fernie Judo Club. Report from the Deputy Clerk Page 41 of 91

42 Page 18 Leisure Services User Regulation and Fees Bylaw No. 2317, 2017 Individual and Per Hour $15.00 non-profit organization renters Liquored Events Per Game $50.00 Fernie Curling Club (per hour except where noted) Effective April 1st to October 15 th exclusively Individual and non-profit organization renters Rate $15.00/hr Special Events, Banquets and Receptions (no liquor) Minor & Youth Adult Commercial Per Hour $35.00 Per Day $ Per Hour $55.00 Per Day $ Per Hour $75.00 Per Day $ Liquor Events Adult (per day) $ Commercial (per day) $ Community Centre (per hour except where noted) Rate General Sport & Recreation Minor & Youth $12.00 Adult $17.00 Commercial $42.00 Special Events, Banquets and Receptions (no liquor) Minor & Youth Adult Commercial Per Hour $35.00 Per Day $ Per Hour $55.00 Per Day $ Per Hour $75.00 Per Day $ Fernie Judo Club. Report from the Deputy Clerk Page 42 of 91

43 Page 19 Leisure Services User Regulation and Fees Bylaw No. 2317, 2017 Liquor Events Adult (per day) $ Commercial (per day) $ Community Centre (per hour except where noted) Rate Annex Per Hour $5.00 Room Per Day $30.00 Parks & Fields Ball Fields Rate Minor & Youth Adult Daily $55.00 Team per Season (includes one tournament $65.00 per league per season) Weekend Tournaments $ Daily $80.00 Team per Season (includes one tournament $ per league per season) Weekend Tournaments $ Lions Pavillion Adult Non-Liquored Event No Charge (daily) Liquored Event (daily) $ Prentice Park Concession Resident No Charge Non-Resident Daily $ Rotary Park Gazebo Residential Daily No Charge Non-Resident Daily $ Fernie Judo Club. Report from the Deputy Clerk Page 43 of 91

44 Page 20 Leisure Services User Regulation and Fees Bylaw No. 2317, 2017 Parks & Facility Green Spaces Rate Court House Per Hour $6.00 Per Day $30.00 City Hall Per Hour $6.00 Per Day $30.00 Rotary Park Per Hour $15.00 Per Day $75.00 Annex Park Per Hour $ Per Day $75.00 James White Park Per Hour $15.00 Per Day $75.00 Tennis Courts Rate Local Hourly FREE Commercial Non-Local Local Tournaments Commercial Non-Local Tournaments Hourly $35.00 Daily $75.00 Daily $ Max Turyk Community Centre Rate Class Room Per Hour $15.00 Per Day $90.00 Gymnasium Per Hour Adult $17.00 Per Hour Minor $12.00 Per Hour Commercial $ Per Day (No Liquor) Minor $ Per Day (No Liquor) Adult $ Max Turyk School Fields Rate Minor & Youth Daily $55.00 Team per Season (includes one tournament $65.00 per league per season) Weekend Tournaments $ Fernie Judo Club. Report from the Deputy Clerk Page 44 of 91

45 Page 21 Leisure Services User Regulation and Fees Bylaw No. 2317, 2017 Adult Daily $80.00 Team per Season (includes one tournament $ per league per season) Weekend Tournaments $ Fernie Judo Club. Report from the Deputy Clerk Page 45 of 91

46 Page 22 Leisure Services User Regulation and Fees Bylaw No. 2317, 2017 Section C Special Event/Festival Support and Infrastructure Rates Outdoor Festival Infrastructure (per day except where noted) Classification of Use and Rate Support/Infrastructure Non-Profit Commercial Non-Local Portable Stage SL 100 $ $1, $2, Portable Stage SL Day Rental $ $ $ SL Set Up/Take $ per Set $ per Set $ per Set Down by Certified Up/ Take Up/ Take Up/ Take SL 100 Delivery Charge No Charge No Charge $150.00/hr +.55/km Inflatable Arch $50.00 $ $ Portable Small Stage $ $ $ Portable Small Stage Delivered and set-up $ $ $ Banquet Table (per table) $6.00 $12.00 $15.00 Stacking Chair (per chair) $1.75 $3.50 $4.38 Pony Panel $ $ $ Portable Generator (8kw) $37.50 $75.00 $93.75 Portable Generator (2kw) $25.00 $50.00 $62.50 Crowd Control Fencing (per 8 section) $7.50 $15.00 $18.75 Extension Cords $1.50 $3.00 $3.75 Film Screen $50.00 $75.00 $80.00 Recycling Bins FREE $5.00 $5.00 Garbage Bins $3.00 $4.00 $5.00 Portable Bleachers $50.00 $ $ Bicycle Rack (per rack) $15.00 $30.00 $35.00 Special Events Trailer With Delivery and Pick-up $75.00 $ $ Note: A 30% discount will be applied to each day of a multiple day rental 6.1 Fernie Judo Club. Report from the Deputy Clerk Page 46 of 91

47 Page 23 Leisure Services User Regulation and Fees Bylaw No. 2317, 2017 Fernie Memorial Arena Facility Conversion (per conversion except where noted) Conversion Type Small Conversion (Normal Operating Season) Small Conversion (Off-Season) Medium Conversion (Normal Operating Season) Medium Conversion (Off- Season) Large Conversion (Off- Season) Large Conversion (Normal Operating Season) Off-Season Daily Facility Rental Rates Normal Operating Season Daily Facility Rental Rates Classification of Use and Rate Non-Profit Commercial Non-Local $3, $7, $9, $ $1, $1, $4, $9, $11, $1, $2, $3, $2, $4, $5, $5, $11, $13, $ per day $ per day $1, per day $ per day $1, per day $1, per day 6.1 Fernie Judo Club. Report from the Deputy Clerk Page 47 of 91

48 Page 24 Leisure Services User Regulation and Fees Bylaw No. 2317, General Rules SCHEDULE B RENTERS RESPONSIBILITIES a. No smoking is permitted in any City of Fernie facility. b. No drinking of alcoholic beverages is permitted in any City of Fernie facility or on any grounds without a valid liquor licence. c. No physical or verbal abuse will be tolerated. d. No duck tape or staples are to be used on any surfaces. 2. Liquor and Non-Liquor Events a. Clean-up is to take place immediately after the event is completed b. The tables and chairs shall be cleared and wiped down c. The chairs and tables are to be placed in the appropriate storage areas d. Damaged tables and chairs shall be set aside and reported to the City and/or Facility Custodian e. Bottles, paper and debris in the kitchen, mezzanine, stage, cloak room, main floor arena and entrance-way shall be removed and disposed of into garbage bins outside the facility immediately after the event f. Decorations and lights shall be taken down and removed off the premises immediately after the event g. The main hall floor area must be dry-mopped and wet-mopped if necessary h. Perishable food must be removed from the refrigerator and coolers and disposed of immediately i. The gas hot plate and grill shall be turned off, cleaned, and left free of any food particles and grease (including the grease trap) immediately after the function is complete j. The dishwasher shall be cleaned and left free of any food particles (food particles must be scraped off dishes prior to placing dishes in the dishwasher) k. The renter is responsible for ensuring that the facility is completely secure after use l. The renter shall notify City of any damages and/or maintenance requests m. The bathrooms must be checked and spot cleaned as necessary n. No staples in walls or duck tape on floors whatsoever. Damaged equipment and/ or facilities, and inadequate cleaning can result in a reduction and/or elimination of the damage and cleaning deposit being returned to the facility renter. 6.1 Fernie Judo Club. Report from the Deputy Clerk Page 48 of 91

49 Page 25 Leisure Services User Regulation and Fees Bylaw No. 2317, 2017 SCHEDULE C FACILITY USE AGREEMENT This license issued the day of, 20. To: (hereinafter called the Applicant ) WHEREAS the Corporation of the City of Fernie (hereinafter called the City ) the owner of the building and appurtenant grounds described as: Lot 3, Plan 2605, District Lot 4588 located at th Avenue Fernie, B.C. more commonly known as the Community Centre Lot 3, Plan 2605, District Lot 4588 located at th Avenue Fernie, B.C. more commonly known as the Fernie Memorial Arena Lot 1 District Lot 4589 Kootenay District Plan NEP20274 located at 9250 Pine Avenue Fernie, B.C. more commonly known as the Fernie Aquatic Centre Lot 11, Block 14, Plan 734, D.L K.D. located at th Avenue, more commonly known as the Fernie Curling Club Lot 1, Plan 10777, D. L at #44 Mt. Washburn Street, Fernie, B.C. more commonly known as the Max Turyk School Commonly known as Fernie Secondary School or Isabella Dicken Elementary School located at, Fernie, B.C. and more commonly known as. AND WHEREAS the Applicant has applied for a license to use and occupy those portions of the facility known as: Fernie Memorial Arena Community Centre Fernie Aquatic Centre Main Hockey Rink Main Hall Main Pool Dressing Rooms Kitchen Leisure Pool Annex Room Playschool Area Waterslide Lobby Upper Loft Multi-purpose Room 6.1 Fernie Judo Club. Report from the Deputy Clerk Page 49 of 91

50 Page 26 Leisure Services User Regulation and Fees Bylaw No. 2317, 2017 Fernie Curling Club Max Turyk School Fernie Secondary School Main Ice Surface Gymnasium Gymnasium Upstairs Lobby Class Room Class Room Fields Fields Isabella Dicken School City Fields and Grounds Gymnasium Class Room Fields Dirt Jump Park Aquatic Centre Grounds Court House Grounds Rotary Park City Hall Grounds (hereinafter called the said premises ) NOW THEREFORE in consideration of the covenants, rents, conditions and agreements to be performed and observed by the Applicant; 1. The City hereby grants to the Applicant a license to use and occupy the said premises for the sole purpose of: 2. The term of this license shall be: 3. In consideration of the use and occupancy of said premises, the Applicant agrees to pay the fees and rates as established in the Bylaw for said premises. Specifically, as follows: 4. The Applicant shall use only those premises named in this license. 5. The Applicant shall ensure that all attendees adhere strictly to all rules and regulations posted and/or included in this license and to advise all attendees accordingly. Failure to adhere to, or comply with said rules and regulations may 6.1 Fernie Judo Club. Report from the Deputy Clerk Page 50 of 91

51 Page 27 Leisure Services User Regulation and Fees Bylaw No. 2317, 2017 result in the termination of this license without refund of any fees paid, and may include invoicing of penalties and/or additional costs incurred by the City. 6. The Applicant shall exercise the greatest care in the use and occupation of the said premises and adjacent facilities and shall provide a competent and trustworthy adult/senior who will personally undertake to be responsible for the due observance of the rules and regulations governing the said premises. 7. The Applicant shall report all damages to the City: (i) the City s corporate office at rd Avenue Fernie, B.C. (telephone on Monday to Friday 8:00a.m. to 4:00p.m. local time) (ii) the non-emergency Fire Hall telephone any other time 8. The Applicant shall be responsible legally, financially and otherwise for any damages to the said premises as a result of use and occupancy thereof under this license. Said damages to be paid firstly by the Applicant and/or their insurer. 9. The Applicant shall not permit any other person, group or organization not named in this license to use or occupy the said premises without authorization from the City. Any other person, group or organization shall attach authorization granted by the City to this license prior to any use or occupation of the said premises. 10. The Applicant shall, at its own expenses, within twenty-four (24) hours of the expiration of the use and occupation of the said premises, return the premises to the conditions that the premises were in prior to the Applicant s use and occupation. 11. The Applicant shall be responsible for providing adequate security, including any costs for providing adequate security, for the use and occupation of the said premises, including, but not limited to, persons at the door, off duty police, auxiliary fire fighters or other personnel deemed necessary by the Applicant for the protection of the public, property of the public and property of the City. The City reserves the right to require that the Applicant provide a higher level of security than that deemed adequate by the Applicant. The Applicant shall be responsible for any additional costs of security. 12. The Applicant shall, prior to the use and occupation of the said premises, pay at the request of the City, a damage deposit as security for any damages which may occur to the said premises as a result of the use and occupation authorized under this license. Should such damage deposit, or any balance thereof not be used, it shall be refunded to the Applicant. Should such damage deposit be insufficient, the Applicant will reimburse the City immediately upon written notice from the City. 13. The Applicant shall not permit liquor, beer or any other alcoholic beverages, on or in the said premises unless a valid permit has been obtained under the Liquor Control and Licensing Act and the expressed authorization of the City. Authorization granted 6.1 Fernie Judo Club. Report from the Deputy Clerk Page 51 of 91

52 Page 28 Leisure Services User Regulation and Fees Bylaw No. 2317, 2017 by the City shall not relieve the Applicant from any legal obligations and/or requirements. A copy of the Applicant s approved liquor permit shall be presented and attached to this license including evidence of the Applicant s general liability insurance with extended coverage to include Host Liquor Liability, prior to any use or occupation of the said premises. Authorization granted by the City shall be attached to this license prior to any use or occupation of the said premises. 14. The Applicant shall comply with the British Columbia Liquor Control and Licensing Act including all regulations. 15. The Applicant agrees to comply with the British Columbia Fire Services Act (Assembly Hall Regulations), to include but not limited to the following: For All Facilities and Grounds (i) The door attendant shall be able to tell the inspecting office the total persons in the building at all times (ii) Exit doors shall be free of obstruction for ten feet (iii) All decorations shall be fire resistant (see Schedule E) (iv) No open flames allowed i.e. candles, smoke pots, etc. (v) No incendiary devices allowed i.e. fireworks, roman candles, etc Fernie Memorial Arena: Stadium capacity (fixed seating) 1,240 members in total Ice Surface maximum capacity 662 (dependent upon seating arrangement see Schedule D) Annex Room capacity seated 62 members in total Annex Room capacity non-seated 123 members in total Community Centre Capacity (non-fixed seating) 404 members in total Capacity (fixed seating with no liquor) 700 members in total Gazebo Capacity 115 members in total Lions Pavilion capacity beer gardens 240 members in total Fernie Aquatic Centre Multi-Purpose Room Capacity (non-fixed seating) 63 members in total Capacity (non-fixed seating with tables) 50 members in total Fernie Curling Club Upstairs Lobby 184 members in total 6.1 Fernie Judo Club. Report from the Deputy Clerk Page 52 of 91

53 Page 29 Leisure Services User Regulation and Fees Bylaw No. 2317, The Applicant shall refer to the cancellation clauses provided in writing by the City as a part of this license to use or occupy and agrees, on signing this agreement to abide by the cancellation regulations. 17. The Applicant understands and agrees that the license may be revoked or cancelled, at any time, with or without cause by the City. The City will make every reasonable attempt to provide a minimum forty-eight (48) hours notice of cancellation to the Applicant. 18. In the event of a closure of the premises as a direct or indirect result of any strike, lockout, work stoppage or other form of labour dispute, force majeur, natural disaster or any other cause beyond the control of the City, this agreement shall be deemed to be frustrated and the City and Applicant shall be relived from performance of this agreement for the duration of the closure. Without limiting the foregoing, in the event of such frustration, the Applicant shall not have any claim for losses, loss of profits, damages, including amounts expended to purchase equipment or supplies, or committed to the hiring of employees, or any other compensation against the City or its officers, employees, agents or elected officials. 19. The Applicant agrees that it is the sole responsibility of the Applicant to determine the suitability of the premises of its intended use and occupancy. 20. The Applicant agrees that before commencing use of the premises, the Applicant shall on such occasions, before use and occupancy, inspect the premises and equipment and shall forthwith notify the City of any condition that may render the premises or equipment unsafe for use. 21. The Applicant may be permitted access to the said premises prior to the function or event authorized, subject to the approval of the City. 22. The Applicant agrees that it will indemnify and save harmless the City and its officers, servants, agents, successors, and assigns from and against any and all claims whatsoever including all damages, liabilities, expenses, costs, including legal or other fees incurred in respect of any such claim, or any cause or proceeding brought thereon arising directly or indirectly from or in connection with the granting of this license and the use and occupation of the said premises, save that this Applicant will be under no obligation to indemnify and save harmless the City against or in respect of any damage or judgement rendered against the City resulting from or arising out of any negligence or fault on the part of the City in connection with the maintenance or condition of the premises to the extent that the damage, loss or injury was caused or occasioned by the negligence of the City. 23. Prior to the granting of this license, the Applicant shall obtain and maintain comprehensive general liability insurance including, without limitation, coverage for 6.1 Fernie Judo Club. Report from the Deputy Clerk Page 53 of 91

54 Page 30 Leisure Services User Regulation and Fees Bylaw No. 2317, 2017 the indemnity provided herein, on terms satisfactory to the City. The City shall be included as named insured. Such policy shall be written on a comprehensive basis with inclusive limits of not less that $5,000, per occurrence, including $5,000, for bodily injury and/or death to any one or more persons including voluntary medical payments and property damage, or such higher limits as the City may require from time to time. The policy shall contain a clause providing that the insurer will give the City thirty (30) days prior to written notice in the event of cancellation of material change. The Applicant shall provide the City with evidence of such insurance coverage in the form of an executed copy of a Certificate of Insurance in a form satisfactory to the City ten (10) days prior to the granting of this license. 24. It shall be the sole responsibility of the Applicant to determine what additional insurance coverage, if any, including but not limited to Workers Compensation and Participants Insurance, are necessary and advisable for its own protection and/or fulfil its obligations under this license. Any such additional insurance shall be maintained and provided at the sole expense of the Applicant. 25. The Applicant shall not do, suffer or permit to be done any act or thing upon or above the said premises, which will or would constitute a nuisance to the occupiers of any lands or premises adjoining or in the vicinity of said premises or to the public generally. 26. The Applicant shall observe, perform and comply with the requirements of every applicable Bylaw, statute law, regulation or ordinance and with every applicable regulation or order with respect to the condition, maintenance, use or occupation of the said premises and any furniture, equipment, supplies, materials or articles located therein. 27. The Applicant, its employees, agents, servants, or workmen and/or volunteers shall not be deemed to be employees, agents, or workmen and/or volunteers of the City. 28. The Applicant warrants and represents that if he/she signs this license on behalf of a group or organization, the Applicant has sufficient power, authority and capacity to bind the group or organization with his/her signature. 29. The Applicant certifies that it will not promote views and ideas which are likely to promote discrimination, contempt or hatred for any person on the basis of race, national or ethnic origin, ancestry, colour, citizenship, religion, age, sex, marital status, family status, sexual orientation, gender identity, disability, political affiliation, receipt of public assistance or level of literacy. 30. The Applicant certifies that they will not be conducting any business that violates the Criminal Code of Canada, hate propaganda laws and Human Rights Act. 6.1 Fernie Judo Club. Report from the Deputy Clerk Page 54 of 91

55 Page 31 Leisure Services User Regulation and Fees Bylaw No. 2317, 2017 I have read the above and fully understand the terms and conditions and regulations contained herein and will comply with the said license. Name of Group Title of Signatory Signature of Applicant Address of Applicant / Group The Corporation of the City of Fernie Title of City Representative Name of City Representative Signature of City Representative Telephone Number 6.1 Fernie Judo Club. Report from the Deputy Clerk Page 55 of 91

56 The Corporation of the City of Fernie Amendments: Policy Title Waiver of Room Rental Fees May 28 th, 2001 Policy Statement: The City of Fernie is committed to waiving rental fees for meetings of non-profit or notfor-profit societies at the Aquatic Centre s Multi-Purpose Room or the Arena Annex Room when the societies have a recognized presence in the community. Policy Background: The City of Fernie owns and operates the Aquatic Centre and Arena for leisure, social and community events. It is recognized that organizations that contribute to the well being of the community require a place to hold their meetings. Policy Goal: To provide non-profit or not-for-profit societies with the opportunity to use the City of Fernie s Aquatic Centre Multi-Purpose Room or the Arena Annex Room for their meetings with the rental fee waived. Policy Objective: 1. To set-up and define a procedure for accommodating requests from non-profit or not-for-profit societies for the waiving of rental fees for their meetings. 2. To create opportunities for non-profit or not-for-profit societies to hold their meetings. 6.1 Fernie Judo Club. Report from the Deputy Clerk Page 56 of 91

57 A playground is an essential component of every child s school experience. We, at Isabella Dicken School Parent Advisory Committee, in cooperation with Isabella Dicken administration and School District 5, are working to transform a field area into an exciting play and learning space for our students. We are working towards installing a new climbing structure to provide not only Isabella Dicken students but the entire community with a safe, fun and accessible place to play. PAC is currently in the process of finalizing our budget and applying for grants. We are writing to ask the City of Fernie s Council to write a letter of support for our project to included with our grant applications. Our project is consistent with the Fernie OCP section 5.B.4 which states that Fernie will encourage continued partnerships between the City of Fernie and local schools for the development and maintenance of sport fields and playgrounds on school grounds. Isabella Dicken Elementary School is home to 440 students with 200 of these not having regular access to the playground. The projections for Isabella Dicken show that the school will continue to grow. In addition to the 40 minutes of recess each day, students can come before or stay after school to enjoy the climbing area with siblings, young students can come over after high school to get some exercise and socialize, and families from throughout town or who are visiting can come by to enjoy some fresh air and climb. The land used for the climbing structure is owned by School District #5 and we have their support as well as their financial commitment. Please write a letter of support and help us transform a field space into an exciting new playground area. Thank you. Isabella Dicken PAC Society Citations: City of Fernie Official Community Plan Bylaw No.2231, Page Isabella Dicken Parent Advisory Committee Request. Report from Deput... Page 57 of 91

58 COUNCIL DIRECTION REQUEST (CDR) Committee of the Whole Date: January 22, 2018 To: From: Subject: Her Worship Mayor Giuliano and Members of Council Meredith Hill, Deputy Clerk Isabella Dicken Parent Advisory Committee Playground DIRECTION/INFORMATION REQUESTED Administration is requesting direction from Council regarding a request from the Isabella Dicken Parent Advisory Committee (PAC) for a letter of support to include with grant applications to raise funding for a new playground. PURPOSE & SUMMARY To discuss the option of providing the Isabella Dicken PAC a letter of support for a new playground at the Isabella Dicken Elementary School. BACKGROUND The Isabella Dicken School PAC, in cooperation with Isabella Dicken Elementary School administration and School District No. 5, is raising funds to build a new playground for the school. School District No. 5 has committed funding and land for the playground. This playground is intended to be a safe and accessible place to play for students and the entire community. DISCUSSION The City of Fernie s Official Community Plan, Section 5.B.4 states that the city will: Encourage continued partnerships between the City of Fernie and local schools for the development and maintenance of sport fields and playgrounds on schools grounds. Reviewed by: Chief Administrative Officer Corporate Officer Director Financial & Computer Services Other: 6.2 Isabella Dicken Parent Advisory Committee Request. Report from Deput... Page 58 of 91

59 IMPLICATIONS The Isabella Dicken Elementary School has 440 students and projections indicate that enrollment will continue to increase in the future. At this time, 200 of the students do not receive regular access to the playground during school hours. CONCLUSION Options that could be considered by Council: 1. That Council direct staff to write a letter of support for the Isabella Dicken Parent Advisory Committee Playground grant application. 2. That Council not provide a letter of support for the Isabella Dicken Parent Advisory Committee Playground grant application. Respectfully submitted, Meredith Hill, Deputy Clerk Attachments: Isabella Dicken PAC Letter 6.2 Isabella Dicken Parent Advisory Committee Request. Report from Deput... Page 59 of 91

60 COUNCIL DIRECTION REQUEST (CDR) Committee of the Whole Date: January 22, 2018 To: From: Subject: Her Worship Mayor Giuliano and Members of Council Meredith Hill, Deputy Clerk Outdoor Rink Schedule of Programming DIRECTION/INFORMATION REQUESTED Staff is requesting direction from Council regarding a schedule of programming for the Outdoor Rink recommended by the Leisure Services Advisory Board. PURPOSE & SUMMARY To review the Outdoor Rink schedule of programming recommended by the Leisure Services Advisory Board and accept or make recommendations to amend the schedule. BACKGROUND At the Regular Meeting of Council held on November 27, 2017, Council made the following motion: THAT on behalf of the City the Leisure Services Advisory Board establish a program for public donations toward the cost of the outdoor arena, the coordination of volunteers for ice maintenance, and bring forward a recommendation to Council regarding programming and scheduling of ice time; At the Leisure Services Advisory Board meeting held on January 11, 2018, the Board outlined recommendations for community use of the rink and created a schedule of programming. DISCUSSION The Leisure Services Advisory Board has made the following recommendation regarding a schedule of programming for the Outdoor Rink: Reviewed by: Chief Administrative Officer Corp. Admin Services Director Financial & Computer Services Other: 6.3 Outdoor Rink Schedule. Report from the Deputy Clerk. Page 60 of 91

61 Moved by Karen Luzny Seconded by Dennis Djonlich THAT outdoor rink programming be restricted to youth groups and schools; and THAT applications from the community may be submitted to book the rink for special events at the discretion of the Leisure Services Advisory Board; and THAT the following schedule be enacted at the outdoor rink to facilitate youth programming. Monday, Thursday, Friday Daylight 3 pm: Open skate with option to book programming for schools 3 4 pm: Rink Maintenance 4 6 pm: Youth programming 6 7 pm: Open skate (no sticks) 7 10 pm: Open skate Tuesday, Wednesday Daylight 3 pm: Open skate with option to book programming for schools 3 4 pm: Rink Maintenance 4 6 pm: Youth programming 6 7 pm: Fernie Minor Hockey 7 10 pm: Open skate Saturday, Sunday Daylight 12 pm: Open skate 12 2 pm: Open skate (no sticks) 2 10 pm: Open skate CARRIED 6.3 Outdoor Rink Schedule. Report from the Deputy Clerk. Page 61 of 91

62 IMPLICATIONS The closure of the Fernie Memorial arena has had a wide reaching impact on the community and multiple user groups reliant on access to ice. The Outdoor Rink has become a popular and well used facility for the community. Since the opening of the Outdoor Rink, the Leisure Services Advisory Board has received numerous requests to book the ice for private use. CONCLUSION Options that could be considered by Council: Accept the Outdoor Rink schedule of programming recommended by the Leisure Services Advisory Board (LSAB) and direct the LSAB to enact the schedule. Make recommendations to amend the schedule and direct the LSAB to enact the schedule as amended. Reject the Outdoor Rink schedule of programming. Respectfully submitted, Meredith Hill, Deputy Clerk 6.3 Outdoor Rink Schedule. Report from the Deputy Clerk. Page 62 of 91

63 REQUEST FOR DECISION (RFD) Date: January 9, 2018 To: From: Subject: Her Worship Mayor Giuliano and Members of Council Councilor Qualizza Mobile Street Vendor Policy RECOMMENDATION To support a text amendment to Bylaw No to include the selling of merchandise, or goods. PURPOSE To accelerate the process to amend Bylaw No.2028 to include mobile street vendors that sell merchandise. BACKGROUND Mobile Street Vendor Bylaws in many other communities include merchandise as an approved category, and if you look at the below attachment for Edmonton s Vending Guidelines, you will see very clearly in Section 3. Specific Vending Category Policies the requirements for vendors selling or distributing clothing, jewelry, promotional content, information, fruit etc. Attached is also an article worth a read, Impact of street vendors on Brick and Mortars and you will see a discussion regarding the business eco-system which includes mobile vendors and brick and mortar. From the minutes of our June 26, 2017 meeting; June 26, 2017 COTW 5.2 Business Licence Bylaw Amendment Request Kate Moran, a local fibre artist, outlined her involvement in the Fernie community and presented her three-year business plan to Council, which includes the purchase of a school bus to operate as a mobile studio and storefront. Ms. Moran noted that the high cost of living and rent in Fernie has made operating a brick and motor store in the City difficult to achieve and requested that Council amend Bylaw No.2028, in Schedule B section 2, to include merchandise sales and modify the definition of a mobile or street vendor. The Town of Hinton and Olds in Alberta as examples of municipalities Reviewed by: Chief Administrative Officer Corp. Admin Services Director Financial & Computer Services Other: 11.1 Councillor Qualizza. Mobile Vending Page 63 of 91

64 that have a bylaw that includes provisions for mobile merchandise vendors. The Chief Administrative Officer, Norm McInnis, is a former employee of the Town of Olds and provided a brief outline of Old s bylaw. Councillor McSkimming would like staff to follow a process similar to the steps undertaken to amend Bylaw No.2028 to include mobile food vendors and include public consultation. Moved by Councillor Qualizza Seconded by Councillor Schaffer THAT City Staff complete a report on the impact of amending Bylaw No.2028 to include mobile street vendors selling merchandise and modifying the definition of a street vendor; and THAT Staff contact local cities such as Lethbridge and Olds to learn more about their mobile vendor programs. CARRIED INTERNAL CIRCULATION Click here to enter text. LEGAL/STATUTORY AUTHORITY Click here to enter text. LEGAL/STATUTORY PROCEDURAL REQUIREMENTS Click here to enter text. COMPLIANCE WITH CORPORATE STRATEGIES & POLICIES Click here to enter text. FINANCIAL/BUDGETARY CONSIDERATIONS Click here to enter text. PERSONNEL IMPLICATIONS Staff implications to amend the bylaw. EXTERNAL AGENCY/PUBLIC COMMENTS 11.1 Councillor Qualizza. Mobile Vending Page 64 of 91

65 Click here to enter text. COMMUNICATION CONSIDERATIONS OPTIONS 1. SUPPORT A TEXT AMENDMENT TO THE CURRENT BYLAW TO STATE THAT, A MOBILE VENDOR MEANS ANY PERSON WHO, FROM A MOTOR VEHICLE, TRAILER OR CYCLE, AS DEFINED UNDER THE MOTOR VEHICLE ACT, SELLS, OR OFFERS FOR SALE GOODS, MERCHANDISE OR A SERVICE. 2. NOT TO SUPPORT THIS REQUEST. CONCLUSION I believe we should be expanding and diversifying our economy, working to creating a healthy and sustainable business eco-system that works to support a variety of opportunity in Fernie. Respectfully submitted, COUNCILLOR ANGE QUALIZZA Attachments: Councillor Qualizza. Mobile Vending Page 65 of 91

66 BUSINESS LICENCE BYLAW AMENDMENT Businesses, including mobile street vendors, are regulated municipally through Zoning and Business Licence Bylaws. Council may regulate or even prohibit various types of businesses from operating on City property (including City streets). In consideration of a policy change to include sale of goods and services from mobile vehicles staff requires direction from Council regarding the following: Considerations: Are there spots within existing designated location to accommodate other vendors? o 4 spots on 5 th St between 2 nd Avenue and lane designated for mobile food vendors o Currently 8 active mobile vendor business licences o Current limits on size of vehicles (2.43m width / 4.6 m length) o Food vendors operating outside of Stn Square restricted to operate 50m from fixed food establishments that are open for business unless business gives permission Mobile Food Vendors have restricted hours o will other vendors have any restrictions or limit to number of consecutive hours Site Fees o Mobile vendors current site fee is $250 o Business licence fee is $250 Business and Public Engagement o Council created a Task force to work on mobile vendor policy, public survey & engaged businesses thru Chamber o Similar engagement to amend policy change to open vending to all kinds of business Priority Level 2016 STRATEGIC PLANNING CORPORATE (Sheryl/Suzanne) 1. Inter-Municipal Business License- Dec. 2. Youth Action Network: Start-up - Nov. 3. Bylaw / Policy Review: Target List Oc.t PUBLIC COMMUNICATION STRATEGY COUNCIL PROCEDURE BYLAW Additional resources to Leisure Services projects (public art, City Hall heritage assessment, lease renewals) Reference July 13, 2015 Minutes COTW Survey for Mobile Vendors 11.1 Councillor Qualizza. Mobile Vending Page 66 of 91

67 The Corporation of the City of Fernie Consolidated Business Licencing and Regulation Bylaw No Consolidated to: Bylaw No. 2260, Amend #1 Bylaw No. 2285, Amend #2 Bylaw No. 2290, Amend #3 Bylaw No. 2311, Amend #4 Bylaw No. 2325, Amend #5 All persons making use of this consolidated version of the City of Fernie Bylaw No.2028 are advised that has no legislative sanction; that the amendments have been embodied for convenience of reference only and that the original bylaws must be consulted for all purposes of interpreting and applying the Bylaw. Subsections or sections of the original bylaw and or amendments which have been repealed have not been included in this consolidation. Certified copies of all City bylaws are available from the City Clerk. Amended Councillor Qualizza. Mobile Vending Page 67 of 91