May 26, 2014 Council Minutes

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May 26_14 Council Minutes.pdf1.08 MB
 
A meeting of Council was held Monday May 26, 2014 in the Council Chambers, Town Hall, Collingwood commencing at 5:00pm.
 
MAYOR COOPER CALLED COUNCIL TO ORDER
 
Members of Council Present:
Mayor Cooper 
Deputy Mayor Lloyd 
Councillor Edwards
Councillor Lloyd
Councillor Chadwick
Councillor Hull 
Councillor West
Councillor Cunningham
Councillor Gardhouse
 
Staff Present:
John Brown, CAO
Sara Almas, Clerk
Marjory Leonard, Treasurer
Nancy Farrer, Director of Planning Services 
Peter Dunbar, Interim Director of Parks, Recreation and Culture 
Brian MacDonald, Director of Public Works and Engineering Services
Marcus Firman, Chief Operating Officer (Water/Wastewater)
Larry Irwin, Director of IT Services
Jennett Mays, Communications Officer
 
ADOPTION OF AGENDA
No. 207 Moved by Deputy Mayor Lloyd
   Seconded by Councillor Edwards
 
THAT the content of the Council Agenda for May 26th, 2014 be adopted as presented.
 
CARRIED
 
DECLARATIONS OF PECUNIARY INTEREST AND/OR RECEIPT OF GIFT (over $200) - Nil
 
ADOPTION OF MINUTES
No. 208 Moved by Councillor Edwards
   Seconded by Deputy Mayor Lloyd
 
THAT the minutes of the regular meeting of Council held May 12th, 2014, be approved as presented.
 
CARRIED
 
BUSINESS ARISING FROM THE PREVIOUS MINUTES - Nil
 
COMMUNITY ANNOUNCEMENTS
  • Council reported on various community events they had attended and announced upcoming events.
DEPUTATION - Nil
 
CONSENT AGENDA
No. 209 Moved by Councillor Lloyd
  Seconded by Councillor Hull
 
THAT the General Consent Agenda, having been given due consideration by Council, be received.
General Consent Items
A.1
T. Stadt re: Request for Proclamation of the month of May as Ehlers-Danlos Syndrome (EDS) Awareness Month. (Response from Office of the Mayor attached)
Received for Information
A.2
Maj. Gen. Rohmer re: parking on Callary Crescent
(Motion prepared to refer to Public Works)
Direction Required
A.3
S. Assaff (Charis Developments) re: Admiral Site Remediation Agreement
Received for Information
A.4
M. Lewin (Better Together Collingwood) re: Admiral Developments Site Remediation
Received for Information
A.5
S. Christie (on behalf of Admiral’s Village Inc.) re: Admiral Site Remediation Agreement (Letters of May 22nd and May 10th , 2014 attached)
Received for Information
 
CARRIED
 
A.2 Maj. Gen. Rohmer re: parking on Callary Crescent
No. 210 Moved by Councillor Lloyd
  Seconded by Councillor Chadwick
 
THAT Council refer the parking request to restrict parking along Callary Crescent to Public Works for investigation.
 
CARRIED
 
REPORTS/MINUTES OF COMMITTEES/BOARDS
No. 211 Moved by Councillor Chadwick
   Seconded by Councillor Hull
 
THAT the following minutes be hereby received:
  • Collingwood Downtown BIA Board of Management minutes, April 23, 2014
  • Collingwood Public Utilities Services Board minutes March 6, 2014
  • Parks, Recreation & Culture Advisory Committee minutes, April 26, 2014
CARRIED
 
* Council requested an open house or information session be held in the summer to obtain comments from the public to the redevelopment of a skateboard park.
 
STAFF REPORTS
FFP2014-02 Town Hall and Annex Roof Replacements
No. 212 Moved by Councillor Hull
   Seconded by Councillor West
 
THAT Staff Report FFP2014-02, recommending Council award the roof replacement contract pursuant to RFQ No. FFP2014-02 to D.J. Peat Roofing and Sheet Metal Ltd. at the total cost of $175,967.00 plus applicable taxes, be approved.
 
CARRIED
 
FFP2014-03 Business Development Centre Renovations
No. 213 Moved by Councillor Lloyd
   Seconded by Councillor West
 
THAT Staff Report FFP2014-03, recommending Council award the Business Development Centre Renovations pursuant to RFQ No. FFP2014-01 to Garbutt Construction for the total cost of $57,849.77 plus applicable taxes, be approved.
 
CARRIED
 
P2014-23 Corner of Poplar Sideroad and Saunders Street – Part Lot Control Exemption
No. 214 Moved by Councillor Cunningham
   Seconded by Councillor Hull
 
THAT Staff Report P2014-23, recommending Council enact and pass Part Lot Control Exemption By-law No. 2014-045 in order to create two single detached lots with lot frontage on Saunders Street, be received. 
 
CARRIED
 
No. 215 Moved by Councillor Cunningham
  Seconded by Councillor Hull
 
THAT By-law No. 2014-045, being a by-law to exempt a portion of land located on the corner of Poplar Sideroad and Saunders Street from the Part Lot Control provisions of the Planning Act, be enacted and passed this 26th day of May, 2014.
 
CARRIED
 
P2014-24 Part Lot Control Exemption By-law No. 2014-046; Pretty River Estates – Delpark Homes
No. 216 Moved by Councillor Gardhouse
  Seconded by Councillor West
 
THAT Staff Report P2014-24, recommending Council enact and pass Part Lot Control Exemption By-law No. 2014-046 to allow for 8 semi-detached dwelling units to be created on 4 existing lots within Registered Plan 51M-945, be received.
 
CARRIED
 
No. 217 Moved by Councillor Gardhouse
  Seconded by Councillor West
 
THAT By-law No. 2014-046, being a by-law to exempt a portion of land within Registered Plan 51M-945 from the Part Lot Control provisions of the Planning Act, be enacted and passed this 26th day of May, 2014.
 
CARRIED
 
T2014-11 2014 BIA Levy
No. 218 Moved by Councillor Chadwick
   Seconded by Deputy Mayor Lloyd
 
THAT Council receive staff report T2014-11 for information;
 
AND FURTHER THAT a By-law be passed to provide for the levy and collection of a 2014 special charge against all rateable property in a business property class in the Collingwood Business Improvement Area in the amount of $412,000, as presented to Council on March 31, 2014.
 
CARRIED
 
No. 219 Moved by Councillor Chadwick
  Seconded by Deputy Mayor Lloyd
 
THAT By-law No. 2014-047, being a by-law to provide for the levy and collection of sums required by the Collingwood Business Improvement Area for the year 2014, be enacted and passed this 26th day of May, 2014.
 
CARRIED
 
T2014-12 2014 Tax Rates
No. 220 Moved by Deputy Mayor Lloyd
   Seconded by Councillor Edwards
 
THAT Council receive staff report T2014-12 for information;
 
AND FURTHER THAT a By-law be enacted to provide for the levy and collection of 2014 tax levies against all rateable property in the Town of Collingwood.  
 
CARRIED
 
No. 221 Moved by Deputy Mayor Lloyd
  Seconded by Councillor Edwards
 
THAT By-law No. 2014-048, being a by-law to set the 2014 transition ratios, the 2014 tax rates and to levy taxes for 2014, be enacted and passed this 26th day of May, 2014.
 
CARRIED
 
MOTIONS
No. 222 Moved by Councillor Edwards
  Seconded by Councillor West
 
THAT this Council proceeds in camera in order to address a matter pertaining to:
checked a proposed or pending acquisition or disposition of land for municipal or local board purposes; and
checked advice that is subject to solicitor/client privilege, including communications necessary for that purpose.
 
Items for Discussion: a) Expropriation matter
 
CARRIED
 
BY-LAWS 
No. 223 Moved by Councillor Lloyd
   Seconded by Councillor Chadwick
 
THAT By-law No. 2014-049, being a by-law to authorize voting by mail, optical scanning vote tabulators and electronic ballot marking equipment for the 2014 Municipal and School Board Election, be enacted and passed this 26th day of May, 2014.
 
CARRIED
 
OLD or DEFERRED BUSINESS
 
Admiral Developments - Site Remediation Agreement 
Director of Planning Services N. Farrer provided an update and review of the developers’ requests and the status of the Sire Remediation Agreement. 
 
P2014-15 Site Remediation Agreement; Admiral Collingwood Place (ACDC) and Admiral’s Village (AVI) (deferred from May 12, 2014)
 
No. 224 Moved by Councillor Lloyd
  Seconded by Councillor Chadwick
 
THAT Council grant the requests for an extension for a period of two years for Admiral Collingwood Development Corporation (“ACDC”) and one year for Admiral’s Village Inc. (“AVI”) to the term specified in the existing Site Remediation Agreement (“SRA”), subject to the following terms to be substantially incorporated into the revised agreement be appropriately executed by the Mayor and Clerk: 
 
a) That Council authorize the SRA be bifurcated into 2 separate agreements;
 
b) That each land owner provide the Town with a general comprehensive liability insurance policy in the amount of $10,000,000.00 in a form satisfactory to the Town, indemnifying the Town from any potential liability which may exist if the lands remain in their current condition for the extended term; 
 
c) That each land owner provide the Town with a letter of credit in a form and in an amount satisfactory to the Town and to keep the said letter of credit in full force and effect and pay all premiums to secure the boulevard remediation of the Town owned property adjacent to the subject properties; 
 
d) That Council permit the electrical supply structure be relocated on the ACDC site; and
 
e) That the owners be required to secure the perimeter of the site including hoarding along the common boundary.
 
COUNCIL
Yea
Nay
Cooper
x
 
R. Lloyd
x
 
Edwards
 
x
K. Lloyd
x
 
Chadwick
x
 
Hull
 
x
West
 
x
Cunningham
x
 
Gardhouse
 
x
TOTAL
5
4
Moved by Councillor Cunningham
Seconded by Councillor Chadwick
 
THAT the motion be amended as follows:
1) Amend Agreement until October 31st, 2015 for both properties;
2) Remove clause “A” with respect to separating the agreement; and
3) Remove clause “E” with respect to fencing.
 
CARRIED (recorded vote) 
 
Amended Motion:
 
Moved by Councillor Lloyd
Seconded by Councillor Chadwick
 
COUNCIL
Yea
Nay
Cooper
x
 
R. Lloyd
x
 
Edwards
 
x
K. Lloyd
x
 
Chadwick
x
 
Hull
 
x
West
 
x
Cunningham
x
 
Gardhouse
 
x
TOTAL
5
4
THAT Council grant the requests for an extension for Admiral Collingwood Development Corporation (“ACDC”) and Admiral’s Village Inc. (“AVI”) to October 31, 2015 with regard to the Site Remediation Agreement (“SRA”), subject to the following terms to be substantially incorporated into the revised agreement be appropriately executed by the Mayor and Clerk: 
 
a) That each land owner provide the Town with a general comprehensive liability insurance policy in the amount of $10,000,000.00 in a form satisfactory to the Town, indemnifying the Town from any potential liability which may exist if the lands remain in their current condition for the extended term; 
 
b) That each land owner provide the Town with a letter of credit in a form and in an amount satisfactory to the Town and to keep the said letter of credit in full force and effect and pay all premiums to secure the boulevard remediation of the Town owned property adjacent to the subject properties; and
 
c) That Council permit the electrical supply structure be relocated on the ACDC site.
 
CARRIED (recorded vote) 
 
NOTICE OF MOTION
  • (The following notice of motions will be held in abeyance pending the outcome of the above resolution)
WHEREAS the property owners of the Admiral sites are in noncompliance with the current Site Remediation Agreement and recent negotiations with the owners have failed to find agreement within the Planning Report 2014-15 recommendation of the terms of a potential extension;
 
AND FURTHER That our Town solicitor has advised that any amendment to the existing agreement is nonbinding unless all parties agree;   
 
THEREFORE BE IT RESOLVED That Planning Report 2014-15 recommendation #1 be implemented and enforced thus not extending the existing SRA.  (Councillor Gardhouse)
 
  • THAT Council continue with the existing Site Remediation Agreement with ACDC and AVI, but that Council delay Town enforcement of the Agreement as per section 5 until May 31st, 2015, subject to the immediate receipt of the following: 
i) each land owner provide the Town with a general comprehensive liability insurance policy in the amount of $10,000,000.00 in a form satisfactory to the Town, indemnifying the Town from any potential liability which may exist if the lands remain in their current condition until the enforcement of the agreement;
 
ii) each land owner provide the Town with a letter of credit in a form and in an amount satisfactory to the Town and to keep the said letter of credit in full force and effect and pay all premiums to secure the boulevard remediation of the Town owned property adjacent to the subject properties;
 
AND FURTHER THAT Council permit the electrical supply structure be relocated on the ACDC Site. (Councillor Edwards)
 
OTHER BUSINESS
  • Rural Economic Development Grant Funding Update
Nancy Farrer, Director, Planning Services and Sue Nicholson, General Manager, BIA provided a brief update with respect to the funding application for the development of a Downtown Masterplan.   
 
  • CAO Brown provided a brief update to Council with respect to the status of the Director of Parks, Recreation and Culture vacancy.   
Council proceeded to in-camera session as previously resolved. (6:24pm)
 
Moved by Councillor West
Seconded by Councillor Lloyd
 
THAT Council rise from in-camera and return to public session. (6:35pm)
 
CARRIED
 
CONFIRMATORY BY-LAW
No. 225 Moved by Councillor Chadwick
   Seconded by Councillor Lloyd
 
THAT By-law No. 2014-050, being a by-law to confirm the proceedings of the regular meeting of Council held May 26th, 2014, be enacted and passed this 26th day of May, 2014. 
 
CARRIED
 
ADJOURNMENT  
 
Moved by Councillor Cunningham
 
THAT the meeting of Council be hereby adjourned at 6:36pm. 
 
CARRIED
 
_____________________________
MAYOR
 
 
_____________________________
CLERK
No. of Pages: 
6pages
AttachmentSize
May 26_14 Council Minutes.pdf1.08 MB