June 16, 2014 Council Minutes

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A meeting of Council was held Monday June 16, 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 (regrets)
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 (regrets) 
Jennett Mays, Communications Officer
Becky Dahl, Deputy Clerk
  
ADOPTION OF AGENDA
No. 243 Moved by Deputy Mayor Lloyd
   Seconded by Councillor Edwards
 
THAT the content of the Council Agenda for June 16th, 2014 be adopted as presented.
 
CARRIED
 
DECLARATIONS OF PECUNIARY INTEREST AND/OR RECEIPT OF GIFT (over $200)
  • Mayor Cooper declared an indirect pecuniary interest with respect to the Education Development Charge Complaint Hearing as her son is a school board trustee for a Board providing representation at this hearing. 
ADOPTION OF MINUTES
No. 244 Moved by Councillor Edwards
            Seconded by Deputy Mayor Lloyd
 
THAT the minutes of the regular meeting of Council held June 9th, 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.
PUBLIC MEETING
Education Development Charge Complaint Hearing – 110 Pine Street
 
** Mayor Cooper left the room, not participating in the hearing or vote on the below matter with respect to her previously declared conflict.
 
Deputy Mayor Lloyd assumed the Chair and welcomed those in attendance and introduced the hearing.
 
The purpose of this hearing is to address a complaint submitted by D.C. Slade Consultants Inc., on behalf of its client 1708545 Ontario Ltd., to the Clerk of the Town of Collingwood under Section 257.85 of the Education Act for property municipally addressed as 110 Pine Street. The complainant is requesting the elimination of education development charge fees applicable to three (3) of the five (5) residential units contained within 110 Pine Street.
 
Deputy Mayor Lloyd asked for the representations: 
 
Andrew Pascuzzo, D.C. Slade Consultants Inc. provided a detailed explanation of the complaint further requesting Councils favourable consideration to reduce the education development charges by removing 3 of the 5 charges that were placed against the building. Mr. Pascuzzo outlined the possible exemptions that may be applied to the redevelopment of 110 Pine Street within the two school board development charge by-laws. The total value of the requested refund is for $5,277.00, and further requested consistency between all parties when reviewing and applying development Charge By-law(s).
 
Peter Deroche, Associate Director of Education (Business and Finance), on behalf of the Simcoe Muskoka Catholic District School Board, spoke to the creation of 5 new units, noting that Education Development Charges have not been paid through the various renovations and therefore no credits can be offered.  Mr. Deroche further explained that intensification is applicable and exemptions are permitted only if the units do not exceed 2 units. The Board did approve that School Boards Development Charges by-law be upheld as no variances are permitted within the school boards by-laws with respect to negotiations. 
 
Steven O’Melia, Solicitor (Miller & Thompson) on behalf of the Simcoe Muskoka Catholic District School Board, confirmed there has not been a residential use for some time.  Mr. O’Melia reviewed the building permit application for 110 Pine Street renovations to create 5 residential units, noting the building permit is the source document, and requested that Council dismiss the complaint.   
 
Brad Teichman, Solicitor (Overland LLP) on behalf of the Simcoe County District School Board, reviewed the complaint received under the Education Act, noting there were no dwelling units in the building immediately before the renovations.  The application was for the creation of 5 units, confirming the school boards by-law is not ambiguous to this matter.  Mr. Teichman requested that Council dismiss the complaint.
 
Deputy Mayor Lloyd invited the complainant to provide any additional representation to the complaint.
 
Mr. Pascuzzo provided three additional statements: 1) The Town and County offered an exemption for three of the five units as they had interpreted their by-laws as only two of the units being chargeable, 2) confirmed the building was suitable for residential living prior to the renovations, and 3) should the building have been lived in prior to the renovations, it would not have fallen under this cloak within the school boards development charge by-laws with respect to the three units on the upper floors of the building.  
 
Council asked questions of clarification with respect to the submissions made.
 
Parties of the hearing and Staff addressed questions of Council including whether the decision of Council is appealable to the OMB, whether this development is considered intensification or conversion of land use, and whether the three development charges that apply to development can be based on a different number of units.   
 
No. 245 Moved by Councillor Edwards
            Seconded by Councillor Gardhouse
 
WHEREAS Council of the Corporation of the Town of Collingwood have heard the evidence and submissions of the complainant from D.C. Slade Consultants Inc., on behalf of its client, 1708545 Ontario Ltd., (110 Pine Street) made under the Education Act;
 
THEREFORE BE IT RESOLVED THAT Council of the Corporation of the Town of Collingwood hereby dismiss the complaint.
 
Moved by Councillor West
Seconded by Councillor Chadwick
 
THAT the matter be deferred one week to allow Council an opportunity to review the evidence and submissions provided by the parties. 
 
DEFEATED
 
No. 245 Moved by Councillor Edwards
            Seconded by Councillor Gardhouse
 
WHEREAS Council of the Corporation of the Town of Collingwood have heard the evidence and submissions of the complainant from D.C. Slade Consultants Inc., on behalf of its client, 1708545 Ontario Ltd., (110 Pine Street) made under the Education Act;
 
THEREFORE BE IT RESOLVED THAT Council of the Corporation of the Town of Collingwood hereby dismiss the complaint.
 
CARRIED
 
The hearing was adjourned and Council took a short recess. Mayor Cooper returned and reconvened the meeting, resuming the Chair at 6:01pm.
 
DEPUTATION - Nil
 
CONSENT AGENDA
No. 246 Moved by Councillor Chadwick
  Seconded by Councillor West
 
THAT the General Consent Agenda, having been given due consideration by Council, be received.
 
General Consent Items
A.1
G. & R. Reid, M & M Meats re: Thank you for assistance with the 26th annual Charity BBQ day, held Saturday, May 10th.
Received for information
A.2
D. Sensenberger, Home Horizon re: Request for letter of support for Home Horizon Transitional Support Program
Direction Required
 
CARRIED
 
A.2 D. Sensenberger, Home Horizon re: Request for letter of support for Home Horizon Transitional Support Program
 
No. 247 Moved by Councillor Chadwick 
            Seconded by Councillor Cunningham
 
THAT Council support the Home Horizon Transitional Support Program and their youth program “Build Your Own Roof” and a letter of support be provided on behalf of the corporation.
 
CARRIED
 
REPORTS/MINUTES OF COMMITTEES/BOARDS
No. 248 Moved by Councillor Edwards
            Seconded by Deputy Mayor Lloyd
 
THAT the Airport Services Board minutes of May 21, 2014 and June 4, 2014 be hereby received and the recommendations therein be approved as amended:
 
RECOMMENDATION: THAT the Airport Services Board recognizes that the contract with North 44 ends on June 30th, 2014 and recommends that it be extended for a period of up to 12 months with the existing terms and conditions. 
 
CARRIED
 
STAFF REPORTS
 
Collingwood Public Library 2013 Annual Report
Ken Haigh, CEO of the Collingwood Public Library presented a year end update and reviewed new initiatives and programs underway for 2014 and beyond.   Mr. Haigh addressed questions from Council. 
 
PRC2014-12 Side Launch Mural Agreement
No. 249 Moved by Councillor Hull
            Seconded by Councillor West
 
THAT Staff Report PRC2014-12, recommending Council authorize the execution of the Side Launch Mural Agreement with Loblaw, and commence the mural re-location, be approved.
 
CARRIED
 
PW2014-14 Use of Collingwood Regional Airport
No. 250 Moved by Deputy Mayor Lloyd
            Seconded by Councillor Edwards
 
THAT Staff Report PW2014-14, recommending Council approve the recommendations herein and enact and pass a by-law to authorize the execution of an operating agreement between Collingwood Aviation Partners Ltd and the Corporation of the Town of Collingwood, be approved.
 
CARRIED
 
No. 251 Moved by Councillor Edwards
            Seconded by Deputy Mayor Lloyd
 
THAT By-law No. 2014-054, being a by-law to authorize the execution of an Operating Agreement for access to the Collingwood Regional Airport between Collingwood Aviation Partners Ltd and the Corporation of the Town of Collingwood, be enacted and passed this 16th day of June, 2014. 
 
CARRIED
 
PW2014-15 Award of Tender PW2014-11 Concrete Sidewalk Construction and Reconstruction
No. 252 Moved by Deputy Mayor Lloyd
            Seconded by Councillor Hull
 
THAT Council receive Staff Report PW2014-15 entitled “Award of Tender PW2014-11 Concrete Sidewalk Construction and Reconstruction; 
 
AND THAT Council award the Tender to C & G Concrete for the tendered amount of $88,489.20; 
 
AND THAT Council authorizes Staff and the Mayor to sign all necessary documents to execute the contract.
 
CARRIED
 
PW2014-16 Award of Tender PW2014-10 2014 Asphalt Paving Contract
No. 253 Moved by Deputy Mayor Lloyd
            Seconded by Councillor West
THAT Council receive Staff Report PW2014-16 entitled “Award of Tender PW2014-10, 2014 Asphalt Paving Contract; 
 
AND THAT Council award the Tender to Georgian Paving for the tendered amount of $165,499.80;
 
AND THAT Council authorizes Staff and the Mayor to sign all necessary documents to execute the contract.
CARRIED
 
T2014-13 2013 Statement of Development Charge Reserve Funds
No. 254 Moved by Councillor West
  Seconded by Councillor Chadwick
 
THAT Council receives staff report T2014-13 for information.
 
CARRIED
 
MOTIONS
No. 255 Moved by Councillor Cunningham
  Seconded by Councillor Hull
 
THAT this Council proceeds in camera in order to address a matter pertaining to:
checked personal matters about an identifiable individual, including municipal or local board employees.
Items for Discussion: a) PRC Director Interviews
 
CARRIED
 
BY-LAWS 
No. 256 Moved by Councillor Cunningham
   Seconded by Councillor Hull
 
THAT By-law No. 2014-055, being a by-law to authorize the execution of an Agreement for the sale of property municipally known as 70 Findlay Drive, be enacted and passed this 16th day of June, 2014. 
 
CARRIED
 
NOTICE OF MOTION
  • Councillor Hull provided the following notice of motion to be considered at the next regular meeting of Council.
WHEREAS the Engineers report circulated to all members of Council dated June 4, 2014 identifying the timeline for completion of work to the Eddie Bush Memorial Arena (EBMA), as directed by Council through Resolution (#197), now identifies that work will not be completed until the earliest date of October 31, 2014;
 
AND WHEREAS there are no approved plans at this time for use of the EBMA for April 1, 2015;
 
BE IT HEREBY RESOLVED THAT Council authorize referring the reconstruction / renovation project, as approved in the 2014 Budget, until 2015;  
 
AND FURTHER THAT all planning works including the issuing of construction tenders proceed in 2014, with the construction to commence April 1, 2015; 
 
AND FURTHER THAT immediately following the 2014 Elvis Festival the EBMA be restored for use by August 21, 2014 so that the facility can be used for “peak season” ice user groups.
 
OLD or DEFERRED BUSINESS - Nil
 
OTHER BUSINESS - Nil
 
Council recessed for 10 minutes.
Council reconvened and proceeded to in-camera session as previously resolved. (6:56pm)
 
Moved by Councillor Chadwick
Seconded by Councillor West
 
THAT Council rise from in-camera and return to public session. (9:35pm)
 
CARRIED
 
CONFIRMATORY BY-LAW
No. 257 Moved by Councillor Gardhouse
   Seconded by Councillor West
 
THAT By-law No. 2014-056, being a by-law to confirm the proceedings of the regular meeting of Council held June 16th, 2014 be enacted and passed this 16th day of June, 2014. 
 
CARRIED
 
ADJOURNMENT
 
Moved by Councillor West 
 
THAT the meeting of Council be hereby adjourned at 9:36pm. 
 
CARRIED
 
_____________________________
MAYOR
 
 
_____________________________
CLERK
No. of Pages: 
5pages
AttachmentSize
June 16_14 Council Minutes.pdf964.83 KB