Kelly Windle speaks to Council about insurance issue

by Brandon Mayer

A local business owner finally had her opportunity to speak during an open Council meeting to voice her concerns about the Township’s new insurance requirements for public events. Kelly Windle is a Winchester resident who owns the Planted Arrow flower and gift shop, and also runs the annual Garden Party Markets, which are popular attractions for residents and fellow business owners. Kelly has stood vocally in opposition to a new Township rule that requires vendors in public events to secure a $5 million liability insurance policy, which she argues is unprecedented when looking at other municipalities.

On May 30, Kelly got the opportunity to speak to the Mayor, Deputy Mayor, and three Councillors during the regularly scheduled Council meeting. She began by extending an invitation for the Council members to attend a Garden Party Market to see how much the event means to the 50 local vendors who choose to do business in North Dundas. Kelly also invited Council members to talk to the vendors, as well as members of the community, to get a true sense of the importance and popularity of the Garden Party Markets and Christmas Markets.

“I have people tell me that they plan their family vacations around the Market,” said Kelly during the meeting. She pointed out that the Markets have been a success over the last few years and that she would like them to continue. The Markets also support local charities by allowing them to attend and raise funds for their causes.

Kelly’s direct request to Council was simple: lower the liability insurance requirement from $5 million to $2 million. She was quick to point out that $2 million is the industry standard, and also revealed that vendors have been cancelling due to the premiums for a $5 mil- lion policy being too high. If Kelly were to purchase a blanket policy to cover all of her vendors, she said it would cost her over $2,200. This is money that she would normally put toward portable toilets, bands, and advertising.

“I do find that we are pricing ourselves out of events in our community, and I would like Council to consider… waiving the $5 million for $2 million,” Kelly concluded.

Councillor John Lennox was the first to ask Kelly a question, hoping that she could define “industry standard”. Kelly explained that industry standard insurance requirements are calculated using several factors, including the type of industry seeking insurance. Councillor Lennox then commented that he can’t ethically justify asking taxpayers to cover the cost in the event that something “catastrophic” happens at an event where a $2 million policy would not cover the damage.

Mayor Tony Fraser invited other Council members to provide comments, but no others had comments. He then spoke up himself, pointing out that there are differences between business events and events such as Bike Night, which are not-for-profit. The Mayor further stated that concessions were already made to allow the Township and taxpayers to assume the risk for very low-risk activities –such as musicians in the park – but that business activities are different.

“I do appreciate all the effort to bring people to the community,” added Mayor Fraser. “As we’ve evolved and been presented with the challenges from our insurance brokers, we need to be mindful of the risk we’re taking because we’re involved so we become part of the effort… At the end of being challenged in court for liability, the Township is the one that’s going to end up paying because it has the deepest pockets, that’s just the standard way it works.”

The Mayor invited Clerk Nancy Johnston to speak more about how the insurance decisions were made. She explained that a meeting took place with the President and Vice-President of Halpenny Insurance Brokers, and that it was on their rec- ommendation that the Township mandated $5 million liability insurance for event organizers and vendors. She further pointed out that other municipalities in the area were contacted before the issue was presented to Council, and that all except South Dundas confirmed they have the same $5 million policy for events (South Dundas only requires $5 million when alcohol is served). Clerk Johnston also provided some figures as an example - $2 million of insurance would cost a food vendor about $14, while $5 million would cost $18. Kelly asked for and received the name of the company offering these rates, and pointed out that she had received different quotes from the same company.

“As a business owner here in town who pays taxes, who is bringing revenue into this community, who is bringing tourism into this community… I’m not looking for a handout,” said Kelly. “I’m looking for support from my Council, support from my Township to encourage that I can continue to do business here and some of the other businesses can continue to do business here.”

Mayor Fraser concluded with a statement that he is confident the existing policy is what is best for the community. Kelly agreed that if she had received the same quotes, she may not have felt the need to speak to Council, but that with the numbers she did receive, what may seem like a small difference in premium cost can make a big difference to business owners. Mayor Fraser asked that further discussion on the specifics of the numbers take place outside of the allotted delegation time.

Councillor Lennox added a word of positive support for Kelly for having the courage to speak to Council regarding a matter that was important to her.

Mayor Fraser added onto this point, but also noted that Council members must work impartially for the benefit of all. No change in the Township’s insurance policy is expected. A significant amount of other routine business was discussed at the May 30 meeting, which can be viewed on YouTube.