August 11, 2014 Council Minutes

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A meeting of Council was held Monday August 11, 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 (regrets)
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
 
ADOPTION OF AGENDA
No. 321           Moved by Deputy Mayor Lloyd
                        Seconded by Councillor Edwards
 
THAT the content of the Council Agenda for August 11th, 2014 be adopted as presented.
 
CARRIED
 
DECLARATIONS OF PECUNIARY INTEREST AND/OR RECEIPT OF GIFT (over $200)
  • Councillor West declared a pecuniary interest with respect to Staff Report P2014-30 (Cranberry Harbour Castle Hotel - Phase 3) as he is employed by Cranberry Resorts.
ADOPTION OF MINUTES
No. 322           Moved by Councillor Edwards
 Seconded by Councillor Lloyd
 
THAT the minutes of the regular meeting of Council held July 21st, 2014, be approved as presented.
 
CARRIED
 
BUSINESS ARISING FROM THE PREVIOUS MINUTES - Nil
 
COMMUNITY ANNOUNCEMENTS
  • Mayor Cooper introduced Director of Marketing and Business Development Martin Rydlo.  Martin thanked Council for the opportunity and expressed his enthusiasm for the future of economic development in Collingwood.
  • Council reported on various community events they had attended and announced upcoming events.
DEPUTATIONS
  • Parkland Dedication Fee - 80 Madeline Drive
Nancy O’Donnell addressed Council providing a review to the Ontario Municipal Board hearing that identified the parkland dedication requirement and expressed concern that the imposition of the fee is not appropriate, and requested Council’s favourable consideration to have the fee waived.
 
  • Hume Street Reconstruction Concerns
Noel Bates addressed Council to request reconsideration of the Hume Street reconstruction design and eliminate the proposed traffic light at the intersection of Minnesota and Hume Street.  Mr. Bates further explained the requirements under the Town’s Official Plan with respect to local roads.  Mr. Bates expressed concern with the 100m roadway between the YMCA and Minnesota Street, requesting consideration be given to permit a pedestrian crosswalk at the trail junction to achieve compliance with the intent of the Official Plan.
 
Staff will review the request with the respective Engineers and advise if any changes are recommended.
 
  • Site Plan Control Agreement (300 Balsam Street) re: Staff Report P2014-30
Glenn Lucas, Agent for Mariners Haven residence, and Al Ionson, Mariners Haven Board Member re-addressed Council confirming its position, not opposed to the development or expansion of the hotel, but how Phase 2 was developed and the manner in which Phase 3 is proposed to be taken. Mr. Lucas further expressed his concerns with the planning process for site development, noting there is no statutory requirement for site plans to go through a public meeting process, notice requirements or right to appeal, addressing further concerns with grading standardsand interpretation of such, building elevations and height, parking, hotel use and standards under the Urban Design Manual.
 
Colin Travis, Consultant for Cranberry Resort requested Councils favourable consideration of the staff report before them, further noting that the requests of Mariners Haven go beyond the intent of the development. Mr. Travis reviewed the intent of the grading of the property to provide for a walk-out amenity that is to be part of Phase 2 and 3 of the development. Mr. Travis expressed his clients concerns with the request to removing a level to reduce height of the building, restricting access to the restaurant and outdoor patio connected directly to the restaurant, and roof top amenity space for recreational use. Mr. Law has agreed to include more parking, has addressed concerns with the slope over harbour side yard, and will remove the decorative ends on the buildings to help reduce the visual effect of the building height.
 
Larry Law, Owner expressed his concern with the approach taken by Mr. Lucas and the need for consistent rules and regulations to how applications are addressed. Mr. Law confirmed the slope and height of the development and operator of the restaurant.  Mr. Law provided a brief history of his company and his contributions to the community, confirming the petition submitted to Council in support of the development. Mr. Law volunteered to plant a row of evergreens along the slop and enhance the look of the building.
 
Nancy Farrer, Director of Planning Services confirmed that staff will investigate the matter of grade within the next policy review.
 
** Councillor West removed himself from the table and did not participate in the vote or discussion on the above noted matter with respect to his previously declared conflict.
 
P2014-30         Authorization By-law to execute an amending Site Plan Control Agreement; 9 & 15 Harbour Street East / 300 Balsam St (Cranberry Harbour Castle Hotel - Phase 3)
COUNCIL
Yea
Nay
Cooper
x
 
R. Lloyd
x
 
Edwards
x
 
K. Lloyd
x
 
Chadwick
x
 
Hull (absent)
 
 
West (conflict)
 
 
Cunningham
x
 
Gardhouse
x
 
TOTAL
7
0
No. 323           Moved by Councillor Cunningham
                        Seconded by Councillor Lloyd
 
THAT Staff Report P2014-30, recommending Council enact and pass an Authorization By-law to execute an amending Site Plan Control Agreement for 9 & 15 Harbour Street East and 300 Balsam Street (Phase 3), be received.
 
CARRIED (recorded vote)
 
 
 
 
 
 
 
 
No. 324           Moved by Councillor Cunningham
COUNCIL
Yea
Nay
Cooper
x
 
R. Lloyd
x
 
Edwards
x
 
K. Lloyd
x
 
Chadwick
x
 
Hull (absent)
 
 
West (conflict)
 
 
Cunningham
x
 
Gardhouse
x
 
TOTAL
7
0
                        Seconded by Councillor Lloyd
 
THAT By-law No. 2014-062, being a by-law to authorize the execution of a Site Plan Control Agreement between Law Cranberry Resort Limited, HSBC Bank Canada and The Corporation of the Town of Collingwood for the development commonly known as Cranberry Harbour Castle Hotel (Phase 3), be enacted and passed this 11th day of August, 2014.
 
CARRIED (recorded vote)
 
** Councillor West removed himself from the table and did not participate in the vote or discussion on the above noted matter with respect to his previously declared conflict.
 
CONSENT AGENDA
No. 325           Moved by Councillor Lloyd
                        Seconded by Councillor West
 
THAT the General Consent Agenda, having been given due consideration by Council, be received.
 
General Consent Items
A.1
Ontario Heritage Trust re: Nominations for 2014 Young Heritage Leaders and Lieutenant Governor’s Ontario Heritage Awards (motion prepared to support application to nominate the Town of Collingwood for Lieutenant Governor’s Ontario Heritage Award for Community Leadership)
Direction Required
A.2
E. Yamamoto, Consul-General of Japan re: Thank you for assistance and support during tenure. New Consul – General of Japan will be announced soon
Received for Information
A.3
Simcoe Muskoka District Health Unit re: Annual community report for 2013-2014
Received for Information
 
CARRIED
 
A.1       Ontario Heritage Trust re: Nominations for 2014 Young Heritage Leaders and Lieutenant Governor’s Ontario Heritage Awards
 
No. 326           Moved by Councillor Lloyd
                        Seconded by Councillor West
 
THAT Council support the nomination of the Corporation of the Town of Collingwood for the Lieutenant Governor’s Ontario Heritage Award for Community Leadership.
 
CARRIED
 
REPORTS/MINUTES OF COMMITTEES/BOARDS
No. 327           Moved by Councillor Chadwick
                        Seconded by Deputy Mayor Lloyd
 
THAT the Collingwood Downtown BIA Board of Management Minutes of June 25, 2014 be hereby received.
 
CARRIED
 
No. 328           Moved by Councillor Gardhouse
                        Seconded by Councillor West
 
THAT the Collingwood Heritage Advisory Committee Minutes of July 17, 2014 be hereby received and the recommendation therein be approved:
 
Recommendation: THAT Council request Simcoe County participate in the Heritage Tax Relief program.
 
CARRIED
 
STAFF REPORTS
Safe Sidewalks and Active Transportation Network presentation
Mark Bryan, Community Planner provided a presentation on the background and update to sidewalk use regulations.
 
C2014-10        Delegation of Authority – During Election “Lame Duck” Period
No. 329           Moved by Councillor West
                        Seconded by Councillor Gardhouse
 
THAT Staff Report C2014-10, recommending Council hereby delegates to the Chief Administrative Officer (CAO) the authority to take the following actions and to do anything necessary to effect and complete such actions during any period in which the Council may be in a “lame duck” status pursuant to section 275 of the Municipal Act, 2001,S.O. 2001, c. 25, during 2014:
 
  •  the appointment or removal from office of any officer of the municipality;
  •  the hiring or dismissal of any employee of the municipality;
  •  the disposition or purchase of any real or personal property of the municipality; and
  •  making any expenditures or incurring any other liability deemed necessary for the continuous operation and provision of services to the residents of the municipality, including the executing of documents deemed necessary to ensure residents are well served;
AND FURTHER THAT the CAO report to Council on any and all actions taken under the delegated authority granted herein and as outlined in the subject report; be approved.
 
CARRIED
 
CPU2014-05    Recommendation of Risk Management Official and Risk Management Inspector delivery from the Nottawasaga Valley Conservation Authority
No. 330           Moved by Councillor Edwards
                        Seconded by Councillor Lloyd
 
WHEREAS subsection 47(1)(b) of the Clean Water Act, 2006 (the "Act"), provides that a municipality that has authority to pass By-laws respecting water production, treatment and storage under the Municipal Act, 2001 is responsible for the enforcement of Part IV of the Act in the municipality;
 
AND WHEREAS subsection 47(6) of the Act provides that a municipality that is responsible for the enforcement of Part IV of the Act shall appoint a risk management official and such risk management inspectors as are necessary for that purpose;
 
AND WHEREAS the Town of Collingwood recommends that the Nottawasaga Valley Conservation Authority to provide Risk Management Services for the Town for 2014-2015;
 
THEREFORE BE IT RESOLVEDTHAT Staff Report CPU2014-05, recommending Council authorize the Mayor and staff to execute the Source Protection Plan Part IV Enforcement Transfer Agreement, be received.
 
CARRIED
 
No. 331           Moved by Councillor Edwards
                        Seconded by Councillor Lloyd
 
THAT By-law No. 2014-065, being a by-law to authorize the execution of a Source Protection Plan Part IV Enforcement Transfer Agreement with the Nottawasaga Valley Conservation Authority, be enacted and passed this 11th day of August, 2014.
 
CARRIED
 
P2014-32         80 Madeline Drive - Request for Parkland Cash-in-lieu Exemption
No. 332           Moved by Councillor Edwards
                        Seconded by Councillor Gardhouse
 
THAT Staff Report P2014-32, recommending the Town of Collingwood continue to collect parkland dedication as authorized by Section 42(1) of the Planning Act, R.S.O. 1990, c. P. 13, as amended, the Town’s Parkland Dedication By-law No. 04-63 and the Ontario Municipal Board Minutes of Settlement, be hereby approved.
 
Moved by Councillor West
Seconded by Councillor Gardhouse
 
THAT Staff Report P2014-32 be deferred to allow Planning Staff to review the negotiations made between the property owner and the Town.
 
DEFEATED
COUNCIL
Yea
Nay
Cooper
 
x
R. Lloyd
 
x
Edwards
x
 
K. Lloyd
 
x
Chadwick
 
x
Hull (absent)
 
 
West
x
 
Cunningham
 
x
Gardhouse
x
 
TOTAL
3
5
 
No. 332           Moved by Councillor Edwards
                        Seconded by Councillor Gardhouse
 
THAT Staff Report P2014-32, recommending the Town of Collingwood continue to collect parkland dedication as authorized by Section 42(1) of the Planning Act, R.S.O. 1990, c. P. 13, as amended, the Town’s Parkland Dedication By-law No. 04-63 and the Ontario Municipal Board Minutes of Settlement, be hereby approved.
 
DEFEATED (recorded vote)
 


No. 333           Moved by Councillor Chadwick
                        Seconded by Councillor Lloyd
 
 
COUNCIL
Yea
Nay
Cooper
 
x
R. Lloyd
x
 
Edwards
 
x
K. Lloyd
x
 
Chadwick
x
 
Hull (absent)
 
 
West
 
x
Cunningham
x
 
Gardhouse
 
x
TOTAL
4
4
THAT Council hereby grant an exemption to the payment of parkland dedication fees applicable to 80 Madeline Drive, as set out in Section 42(1) of the Planning Act, R.S.O. 1990, c. P. 13, as amended, the Town’s Parkland Dedication By-law No. 04-63 and as previously negotiated in the Ontario Municipal Board Minutes of Settlement;
 
AND FURTHER THATCouncil authorize the Development Agreement applicable to the property be amended to recognize the waiving of the parkland dedication fee.
 
DEFEATED (recorded vote)
 
 
 
 
 
 
 
No. 334           Moved by Councillor Chadwick
                        Seconded by Councillor Lloyd
 
COUNCIL
Yea
Nay
Cooper
x
 
R. Lloyd
x
 
Edwards
 
x
K. Lloyd
x
 
Chadwick
x
 
Hull (absent)
 
 
West
 
x
Cunningham
x
 
Gardhouse
 
x
TOTAL
5
3
THAT Council hereby grant an exemption to the payment of parkland dedication fees applicable to 80 Madeline Drive, as set out in Section 42(1) of the Planning Act, R.S.O. 1990, c. P. 13, as amended, the Town’s Parkland Dedication By-law No. 04-63 and as previously negotiated in the Ontario Municipal Board Minutes of Settlement;
 
AND FURTHER THAT the property owner be responsible for the necessary amendments to the Development Agreement applicable to the property be amended to recognize the waiving of the parkland dedication fee.
 
CARRIED (recorded vote)
 
PW2014-21     Award of Tender PW2014-13 Sandford Fleming SWMM Pond Retrofit Project
No. 335           Moved by Deputy Mayor Lloyd
                        Seconded by Councillor Lloyd
 
THAT Staff Report PW2014-21, recommending Council award Tender PW2014-13, being the Sandford Fleming SWMM Pond Retrofit project, to TDI Golf/XGD Systems Construction for the tendered amount of $141,479.26;
 
AND FURTHER THAT Council authorize the Mayor and Staff to sign all necessary documents to execute the contract; be approved.
 
CARRIED
 
T2014-14         2013 Reserve Funds and Reserves
No. 336           Moved by Deputy Mayor Lloyd
                        Seconded by Councillor Chadwick
 
THAT Council receive Staff Report T2014-14, entitled “2013 Reserve Funds and Reserves”, for information.
 
CARRIED
 
T2014-15         Development Charges Public Meeting update and By-law
No. 337           Moved by Deputy Mayor Lloyd
                        Seconded by Councillor Edwards
 
THAT Council receive Staff Report T2014-15 for information;
 
AND THAT Council hereby approve the recommendations contained within the Development Charge Background Study dated June 9, 2014 as amended by Addendum No. 1 dated June 20, 2014 and as listed below;
 
AND FURTHER THAT Council enact and pass the Town-wide Development Charge By-law as attached.
 
Recommendations:
 
1.    Whenever appropriate, request that grants, subsidies and other contributions be clearly designated by the donor as being to the benefit of existing development (or new development as applicable);
2.    Adopt the assumptions contained herein as an ‘anticipation’ with respect to capital grants, subsidies and other contributions;
3.    Approve the capital project listing set out in Chapter 5 of the Development Charges Background Study dated June 9, 2014, subject to further annual review during the capital budget process;
4.    Approve the Development Charges Background Study date June 9, 2014, as amended;
5.    Determine that no further public meeting is required; and,
6.    Approve the Development Charge By-law as set out in the staff report.
 
CARRIED
 
No. 338           Moved by Deputy Mayor Lloyd
                        Seconded by Councillor Edwards
 
THAT By-law No. 2014-066, being a by-law to establish Development Charges for the Corporation of the Town of Collingwood, be enacted and passed this 11th day of August, 2014.
 
CARRIED
 
MOTIONS
No. 339           Moved by Deputy Mayor Lloyd
                        Seconded by Councillor Lloyd
 
THAT the Corporation of the Town of Collingwood (the Town) supports theCollingwood Blue Mountains Transit Service (Public Transportation Program) and is committed to provide support annually to this service;
 
AND THAT beginning August 15, 2014, the Town agrees to receive and be responsible for the Dedicated Gas Tax Funds from the Province of Ontario as the Host Municipality for the Collingwood Blue Mountains Transit Service (Public Transportation Program) serving the contributing municipalities of the Corporation of the Town of Collingwood and the Corporation of the Town of the Blue Mountains.
 
CARRIED
 
No. 340           Moved by Deputy Mayor Lloyd
                        Seconded by Councillor Lloyd
 
THAT By-law No. 2014-067, being a by-lawto authorize the execution of a letter of agreement between her Majesty the Queen in Right of the Province of Ontario as represented by the Minister of Transportation, and the Corporation of the Town of Collingwood related to funding provided by the Province of Ontario to the Municipality under the Dedicated Gas Tax fundsfor the Collingwood Blue Mountains Transit Service Public Transportation Program, be enacted and passed this 11th day of August, 2014.
 
CARRIED
 
No. 341           Moved by Councillor Cunningham
                        Seconded by Councillor Lloyd
 
THAT this Council proceeds in camera in order to address a matter pertaining to:
checked labour relations or employee negotiations.
 
Items for discussion: CUPE Negotiations Update
 
CARRIED
 
BY-LAWS
No. 342           Moved by Councillor Gardhouse
                        Seconded by Councillor West
 
THAT By-law No. 2014-068, being a by-law to provide interim amendments and appointments to various committees and boards, be enacted and passed this 11th day of August, 2014. (Library Board, Accessibility Advisory Committee and Collingwood Heritage Advisory Committee)
 
CARRIED
 
NOTICE OF MOTION - Nil
 
COUNTY REPORT (County Council Update No. 68 – June)
Deputy Mayor Lloyd referred to the County Council Update and identified the new artifact at the museum, focus on support of the local food sector, savings on environmental initiatives and education programs on emergency response.  Mayor Cooper provided an update to the County’s funding initiative for Georgian College and trail networks.
 
OLD or DEFERRED BUSINESS
  • Mayor Cooper announced that the Capital Asset Management report will be presented August 25, 2014.
OTHER BUSINESS
  • Councillor Lloyd acknowledged a specific freedom of information request that included records with respect to questions he requested clarification to.  He noted that he has no objection to make the information available to the public.  
  • Councillor Chadwick asked if Collus PowerStream could investigate opportunities to install an electrical vehicle charging station in one of the municipal parking lots.   Mayor Cooper advised she would bring the request forward to the Board and Mr. Houghton.
  • Mayor Cooper informed Council of an invitation, along with other Mayors, to meet with the Premier regarding the auto and manufacturing industry, with a follow-up to be provided after the AMO Conference.  Mayor Cooper further noted a meeting has been set up with the Ministry of Municipal of Affairs and Housing at the AMO Conference.
Council proceeded to in-camera session as previously resolved. (7:32pm)
 
Moved by Councillor Chadwick
Seconded by Councillor Edwards
 
THAT Council rise from in-camera and return to public session. (8:02pm)
 
CARRIED
 
CONFIRMATORY BY-LAW
No. 343           Moved by Councillor Cunningham
                        Seconded by Councillor Lloyd
 
THAT By-law No. 2014-069, being a by-law to confirm the proceedings of the regular meeting of Council held August 11, 2014 be enacted and passed this 11th day of August, 2014.
 
CARRIED
 
ADJOURNMENT
 
Moved by Councillor Gardhouse
 
THAT the meeting of Council be hereby adjourned at 8:03pm.
                                                                                                                     
            CARRIED                   
 
 
_____________________________
MAYOR
 
 
_____________________________
CLERK
No. of Pages: 
7pages
AttachmentSize
Aug 11_14 Council Minutes.pdf1.39 MB