April 26, 2010 Council Minutes

A meeting of Council was held Monday, April 26, 2010 in the Council Chambers, Town Hall, Collingwood commencing at 5:00pm.
NOTICE:

For a complete version of this document, including all related materials, download the attached PDF:

AttachmentSize
April 26_10 Council Mnts.pdf2.32 MB
 
MAYOR CARRIER CALLED COUNCIL TO ORDER
 
Members of Council Present:                      
Mayor Carrier
Deputy Mayor Cooper
Councillor Edwards
Councillor Sandberg (left at 8:23pm)
Councillor Jeffery
Councillor Foley
Councillor McNabb
Councillor Chadwick
Councillor Labelle
 
Staff Present:            
Kimberly Wingrove, Chief Administrative Officer (regrets)
Sara Almas, Clerk
Ed Houghton, Executive Director of Public Works
Larry Irwin, Director of Information Technology
Peter Dunbar, Director of Leisure Services
Kay Blakely, Deputy Director of Finance
Nancy Farrer, Acting Director of Planning Services
 
ADOPTION OF AGENDA
No. 224            Moved by Deputy Mayor Cooper
                        Seconded by Councillor Edwards
 
THAT the content of the Council Agenda for April 26th, 2010 be adopted as amended.
- Right of Entry By-law No. 2010-048 – addition of insurance requirements and declaration of responsibility
 
CARRIED
 
DECLARATIONS OF PECUNIARY INTEREST AND/OR RECEIPT OF GIFT (over $200)
  • Councillor Jeffery declared a conflict with supplementary accounts payable to CBS Outdoors as it is her employer.
  • Councillor Foley declared a pecuniary interest with supplementary accounts payable to the Foley’s Furniture as he is the owner.
  • Mayor Carrier declared a pecuniary interest with supplementary accounts payable pertaining to Mark’s Work Wearhouse (Imagewear) as it is his daughter’s employer.
  • Councillor Chadwick declared a pecuniary interest with supplementary accounts payable to the UPS Store as he is a co-owner.
ADOPTION OF MINUTES
No. 225            Moved by Councillor Edwards
                        Seconded by Councillor Jeffery
 
THAT the minutes to the following meetings of Council be hereby approved:
  • Regular meeting of Council held April 12th, 2010; and
  • Council Planning and Development meeting held April 19th, 2010. 
CARRIED
 
BUSINESS ARISING FROM THE PREVIOUS MINUTES
 
COMMUNITY ANNOUNCEMENTS
  • Collingwood Minor Hockey, Hanna Motors Atom A team, Atom ‘BB’ Champions
A Coach of the Collingwood Minor Hockey Hanna Motors Atom A team introduced the team to Council and the public, provided an overview of the teams accomplishments, thanked Town Council of their support and provided a token of appreciation to Council. 
  • Council reported on various community events they had attended and announced upcoming events. 
DEPUTATION
  • Collingwood & District Labour Council re: Day of Mourning
Cheryl Nicholls Jones, Collingwood & District Labour Council addressed Council with respect to safety in the work place and the importance in recognizing the Day of Mourning with respect to deaths in the workplace. Ms. Nicholls Jones provided Council with a plaque as a reminder to Council and staff of the importance of safety in the workplace.
 
PUBLIC MEETING
  • Mayor Carrier welcomed those in attendance and introduced the Public Meeting format. 
  • Clerk, Sara Almas confirmed that appropriate notice has been provided in accordance with the Municipal Elections Act and By-law No. 03-12 with respect to the matters being heard this evening.
Proposed By-law Amendment: Prohibit smoking on sidewalk patios/cafés (Amendment to By-law No. 03-61)
 
Becky Dahl, Deputy Clerk provided an overview of the proposed by-law amendment to prohibit the smoking of tobacco on all outdoor sidewalk patios/cafés located on the municipal sidewalk within the downtown core that is operated as part or in conjunction with or in affiliation with a restaurant, café and/or bar through a condition of the patio licence. A brief overview of the proposed smoking restrictions within an entrance way to a municipally owned and/or operated facility was also provided.
 
Mayor Carrier called for the first time for comments from the public.
 
Penny Rush, Public Health Nurse expressed her support for the proposed smoking restriction noting the health unit has been working with Town staff on this initiative.  Ms. Rush further requested Council consider expanding the proposed smoking restriction on all patios within the municipality, both private and public.
 
Wendy McKenzie, resident of Collingwood expressed her support for the restriction, further requesting Council consider polling all potentially affected business owners prior to any decision being made.  Mrs. Dahl clarified that notice was provided on the municipal website, in the Enterprise-Bulletin and directly to the 2009 patio permit holders.   
 
Mayor Carrier called for the second, third and final time for comments from the public.
 
Public session closed at 5:47pm.
 
Proposed By-law: Right of entry (New)
 
Sara Almas, Clerk provided an overview of the proposed by-law to provide for “right of entry”onto an adjoining land.  The by-law authorizes the owner or occupant of land to enter adjoining land, at any reasonable time, for the purpose of making repairs or alterations to any building, fence or other structures on the land of the owner or occupant but, only to the extent necessary to carry out the repairs or alterations when permission to enter the land is not obtainable.
 
Mayor Carrier called for the first time for comments from the public.
 
Wendy McKenzie, resident of Collingwood, expressed her confusion for the need of such a by-law. Mayor Carrier clarified the purpose of the by-law noting it only applies when a property owner is unable to obtain consent from the adjoining property owner in order to do needed repairs or alterations to his/her house, fence or other structure.
 
Don Reid, resident of Collingwood informed Council that he had originally requested the implementation of a right of entry by-law. He explained the issues he has had with not
being able to conduct repairs to his house due to lack of access from an adjoining property owner. Mr. Reid and his wife undertook a great deal of research and are in full support of the proposed by-law.
 
Mayor Carrier called for the second, third and final time for comments from the public.
 
Public session closed at 6:22pm.
 
Council was provided clarification to their concerns with insurance requirements, repair of damage to the adjoining property, the extent of repair and alteration that would be permitted through the right of entry permit and the timeframe for providing notice to the adjoining property owner.
 
Proposed By-law to Submit a Question to the Electors
 
Sara Almas, Clerk provided an overview of the proposed by-law to add thefollowing question to the electors of the Town of Collingwood, which if approved, would be placed on the 2010 Municipal Election ballot to take place October 25, 2010.
 
Are you in favour of having a “ward” system as the method of electing future Town Councillors instead of the current “at-large” system? Yes or No
 
Under provisions of the Municipal Elections Act, 1996, as amended, referendum results will be binding on the municipality if at least 50% of eligible electors vote on the question and more than 50% of the votes on the question are in favour of the result. If this question receives a binding “no” result, Council of the Town of Collingwood will not consider or pass another resolution to review the current “at-large” system during the 2010-2014 term of Council. The potential costs of implementing the question if the question receives a binding “yes” result are estimated to be $25,000 which would include, but not be limited to, conducting a ward boundary study and implementation of such study.
 
Should the question receive a binding “yes” result, the Council of the Corporation of the Town of Collingwood shall pass a by-law to implement the question result in a timely manner. Within 20 days after notice of passing of the by-law has been given, an appeal may be made by the Minister and any other person or entity to the Chief Election Officer of the Province of Ontario on the grounds the question is not clear, concise and neutral, or that the question is not capable of being answered by either the “yes” or “no” options provided. Notice of appeal shall be filed with Sara Almas, Clerk and shall set out the objections and reasons in support of the objections.
 
Mayor Carrier called for the first, second and third time for comments from the public.
 
Public session closed at 6:36pm.
 
C2010-08        Right of Entry By-law
No. 226            Moved by Councillor McNabb
             Seconded by Councillor Jeffery
 
THAT Staff Report C2010-08, recommending Council enact and pass a by-law to provide for “right of entry”to authorize the owner or occupant of land to enter adjoining land, at any reasonable time, for the purpose of making repairs or alterations to any building, fence or other structures on the land of the owner or occupant but, only to the extent necessary to carry out the repairs or alterations, be approved.
 
Amendments
 
Moved by Councillor Sandberg
Seconded by Councillor McNabb
 
THAT the notice provision to the adjoining property owner be changed from the proposed three days to seven days in the draft by-law.
 
CARRIED
 
Council conceded that the security deposit to be collected from the applicant be an appropriate amount as determined at the discretion of the CBO.
 
Moved by Councillor Jeffery
Seconded by Councillor Sandberg
 
THAT the timeframe to complete the work be two weeks, with an extension of that timeframe being at the discretion of the Chief Building Official as required.
 
CARRIED
 
 

No. 226           Moved by Councillor McNabb

            Seconded by Councillor Jeffery
 
THAT Staff Report C2010-08, recommending Council enact and pass a by-law to provide for “right of entry”to authorize the owner or occupant of land to enter adjoining land, at any reasonable time, for the purpose of making repairs or alterations to any building, fence or other structures on the land of the owner or occupant but, only to the extent necessary to carry out the repairs or alterations, be approved as amended.
COUNCIL
Yea
Nay
Carrier
x
 
Cooper
x
 
Edwards
 
x
Sandberg
x
 
Jeffery
x
 
Foley
x
 
McNabb
x
 
Chadwick
x
 
Labelle
x
 
TOTAL
8
1
 
CARRIED (recorded vote)
 
 
 
 
 
 
 
 
 
 
No.227             Moved by Councillor McNabb
            Seconded by Councillor Jeffery
 
THAT By-law 2010-048, being a by-law authorizing entry upon adjoining lands for the purpose of making repairs or alterations to existing buildings, fences or other structures, be enacted and passed this 26th day of April, 2010.
 
CARRIED
 
CONSENT AGENDA
No. 228            Moved by Councillor Sandberg
            Seconded by Councillor Chadwick
 
THAT the General Consent Agenda, having been given due consideration by Council, be received.
 

 

General Consent
A. 1
Residents of Napier Place re: Traffic light needed at Sobeys
Received for Information
A. 2
County of Simcoe re: Waste Management Public Consultation Sessions
Received for Information
A. 3
Collingwood Downtown BIA re: Request for use of Pine Street Municipal Parking lot for Annual Art showcase
Direction Required
(motion prepared)
A. 4
Collingwood Downtown BIA re: Request for use of Pine Street Municipal Parking lot for Farmer’s Market
Direction Required
(motion prepared)
A. 5
 Ainley Group re: Comprehensive Zoning By-law (Hanna Motors)
Received for Information
A. 6
Canadian Forces Snowbirds re: Request to fly over the Town of Collingwood from June 3-6, 2010 (Airport Services Board Chair, C. Tatham’s response attached)
Received for Information
A. 7
Clearview Township Notice of Passing – Zoning By-law Amendment (ZB-2010-005)
Received for Information
 
CARRIED
 
A.3       Collingwood Downtown BIA re: Request for use of Pine Street Municipal Parking lot for Annual Art Showcase
 
No. 229            Moved by Councillor Jeffery
            Seconded by Councillor Edwards
 
THAT Council approve the BIA’s request to use 104 parking spots in the Pine Street municipal parking lot for the Georgian Bay Association for the Creative Arts Annual Art Show taking place August 20, 2010 to August 22, 2010; and further waive the associated fee ($832.00) for the full parking lot closure as provided in the Fees and Service Charges By-law No. 2009-124.
 
CARRIED
 
A.4       Collingwood Downtown BIA re: Request for use of Pine Street Municipal Parking lot for Farmer’s Market
 
No. 230            Moved by Councillor Jeffery
            Seconded by Councillor McNabb
 
THAT Council approve the BIA’s request to use 57 parking spots in the Pine Street municipal parking lot for the Farmer’s Market taking place every Saturday from May 22, 2010 to  October 9, 2010; and further waive the associated fee ($4,788.00) for the partial parking lot closure as provided in the Fees and Service Charges By-law No. 2009-124.
 
CARRIED
 
**    Council requested parking be monitored in the Downtown during May and June to determine if the partial closure of the Pine Street parking lot is causing a negative impact to parking in the downtown during the completion of the revitalization. Council further requested future consideration of the Farmers Market and fee structure be discussed separately during next year’s budget discussions.
 
MOVE INTO COMMITTEE OF THE WHOLE (Staff Reports/By-laws if deemed expedient)           
 
REPORTS/MINUTES OF COMMITTEES/BOARDS
 
No. 231           Moved by Councillor Edwards
            Seconded by Councillor Labelle
 
THAT the minutes of the Human Resources Committee meeting held March 2, 2010, be hereby received.
 
 CARRIED
 
STAFF REPORTS
C2010-07        Prohibit Smoking on Patios and Municipal Entrance Ways
No. 232            Moved by Councillor Chadwick
            Seconded by Deputy Mayor Cooper
 
THAT Staff Report C2010-07, recommendingCouncil enact and pass a by-law to amend By-law 2002-109 to include the following restrictions with respect to smoking in a public place:
  • within nine (9) metres of any entrance or exit of any municipally owned or operated facility; 
AND FURTHER THAT Council enact and pass a by-law to amend By-law 03-61 to include the following restrictions with respect to smoking on sidewalk patios/cafés:
  • Smoking be prohibited on all outdoor sidewalk patios/cafés located on the municipal sidewalk within the downtown core, that is operated as part or in conjunction with or in affiliation with a restaurant, café and/or bar as a condition of a patio permit.
Be approved.
 
CARRIED

 

COUNCIL
Yea
Nay
Carrier
x
 
Cooper
x
 
Edwards
x
 
Sandberg
x
 
Jeffery
x
 
Foley
x
 
McNabb
x
 
Chadwick
x
 
Labelle
 
x
TOTAL
8
1
 
No. 233            Moved by Councillor Chadwick
            Seconded by DM Cooper
 
THAT By-law No. 2010-045, being a by-law to amend By-law No.03-61, a by-law to licence sidewalk patios/cafes within the Town of Collingwood, be enacted and passed this 26th day of April, 2010.
 
  CARRIED (recorded vote)
 
 
  
   
 

 

COUNCIL
Yea
Nay
Carrier
x
 
Cooper
x
 
Edwards
x
 
Sandberg
x
 
Jeffery
x
 
Foley
x
 
McNabb
x
 
Chadwick
x
 
Labelle
x
 
TOTAL
9
0
  
 No. 234           Moved by Councillor Chadwick
            Seconded by Deputy Mayor Cooper

 

THAT By-law No. 2010-046, being a by-law to amend By-law No. 02-109, a by-law respecting smoking in public places, be enacted and passed this 26th day of April, 2010.

 

CARRIED (recorded vote – unanimous)

 
 
  
PW2010-01     Stop Sign Requests
No. 235            Moved by Councillor Foley
            Seconded by Deputy Mayor Cooper
 
THAT Staff Report PW2010-01, recommending Council approve the addition of stop signs for the purpose of providing stop controls in the intersection of Pine Street and Fourth Street;
 
AND FURTHER THAT a by-Law be prepared for approval to enact the stop control condition and all way stop control condition as recommended;
 
AND FURTHER THAT staff be directed to erect the appropriate stop signs (Ra-1) and an all way tab signs (Ra-1t); be approved.
 
CARRIED
 
No. 236            Moved by Councillor Foley
            Seconded by Deputy Mayor Cooper
 
THAT By-law No. 2010-047, being a by-law to amend By-law Nos. 2628 and 3119 for the regulation of traffic and to provide for the installation of stop signs on certain streets within the Town of Collingwood, be enacted and passed this 26th day of April, 2010.
 
CARRIED
 
MOTIONS
No. 237            Moved by Deputy Mayor Cooper
            Seconded by Councillor McNabb
 
THAT the Accounts Payable Revenue Vouchers for the month of March 2010 in the amount of $11,068,918.80 be approved as presented.
 
CARRIED
 
No. 238            Moved by Councillor Labelle
            Seconded by Councillor McNabb
 
THAT the Supplementary Accounts Payable Revenue Vouchers for the month of March 2010 in amount of $1,723.50 payable to CBS Outdoor Canada be approved as presented.(BIA Advertising)
 
 CARRIED
 
** Councillor Jeffery removed herself from the table and did not participate in the vote or discussion on the above noted matter with respect to her previously declared conflict.
 
No. 239            Moved by Deputy Mayor Cooper
            Seconded by Councillor Edwards
 
THAT the Supplementary Accounts Payable Revenue Vouchers for the month of March 2010 in amount of $79.03 payable to Foley’s Furniture be approved as presented. (appliance part)
 
CARRIED
 
** Councillor Foley 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.
 
Deputy Mayor Cooper assumed the Chair for the following motion.
 
No. 240            Moved by Councillor Edwards
            Seconded by Councillor McNabb
 
THAT the Supplementary Accounts Payable Revenue Vouchers for the month of March 2010 in amount of $647.45 payable to Mark’s Work Wearhouse (Imagewear) be approved as presented. (uniforms/clothing)
 
CARRIED
 
** Mayor Carrier 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.
 
Mayor Carrier resumed Chair.
 
No. 241            Moved by Councillor Sandberg
            Seconded by Deputy Mayor Cooper
 
THAT the Supplementary Accounts Payable Revenue Vouchers for the month of March 2010 in amount of $662.96 payable to The UPS Store be approved as presented. (large volume printing/shipping)
 
CARRIED
 
** Councillor Chadwick 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.
  

 

COUNCIL
Yea
Nay
Carrier
 
x
Cooper
x
 
Edwards
 
x
Sandberg
 
x
Jeffery
 
x
Foley
 
x
McNabb
 
x
Chadwick
x
 
Labelle
 
 
TOTAL
2
7
 
BY-LAWS
No. 242            Moved by Councillor Chadwick
            Seconded by Deputy Mayor Cooper
 
THAT By-law No. 2010-049, being a by-law to submit a question to the electors at the 2010 regular municipal election, be enacted and passed this 26th day of April, 2010.
 
DEFEATED (recorded vote)
 
 
 
 
 
  
COUNCIL
Yea
Nay
Carrier
x
 
Cooper
x
 
Edwards
x
 
Sandberg
x
 
Jeffery
x
 
Foley
x
 
McNabb
 
x
Chadwick
x
 
Labelle
x
 
TOTAL
8
1
 No. 243            Moved by Councillor Chadwick
            Seconded by Councillor Jeffery
 
THAT By-law No. 2010-050,being a by-law to amend By-law No. 2009-095, a by-law to prohibit the unnecessary use of stopping and idling of vehicles within the Town of Collingwood, be enacted and passed this 26th day of April, 2010.
 
CARRIED (recorded vote)
 
 
 
NOTICE OF MOTION
  • Councillor Jeffery provided a notice of motion to come forward May 10, 2010 to keep the name of the Department of Leisure Services. 
  • Councillor Chadwick advised Council that he will be bringing forward a notice of motion in the near future with respect to tree replacement/preservation on boulevards as being reviewed by Planning Services. 
  • Councillor Edwards provided the following notice of motion:
THAT the original decision of Council to locate patios at a curb side location be revoked, and the location of patios in the Downtown Revitalization Plan be revised to locate the patios against the building.    
 
 OTHER BUSINESS
Moved by Deputy Mayor Cooper
Seconded by Councillor Sandberg
 
THAT Council direct Staff to review the current parking restrictions along Fourth Street, west of Hurontario Street to Pine Street and report back to Council on June 7, 2010.
 
CARRIED
  • Councillor Jeffery advised Council that the BIA has established an adhoc committee to assist in facilitating the relocation of the patios to the curbside, working with stakeholders.  Clerk Almas confirmed the by-law would be reviewed and drafted as soon as possible.
  • Discussion occurred with respect to whether the Town has received written confirmation from the AGCO with regard to their position on licencing curbside patios.  Ed Houghton confirmed that no written confirmation has been received and in discussions with the AGCO, the Officer has discretion as to how the Code is interpreted. 
Moved by Councillor Edwards
Seconded by Deputy Mayor Cooper
 
THAT Council direct Clerk Services to contact the Alcohol and Gaming Commission of Ontario and OPP with regard to patio locations and liquor licence regulations.
 
DEFEATED
 
* Councillor Sandberg left the meeting at 8:23pm
  • Urban Design Standards, Review of Sections 6 - 10
Robert Voigt, Community Planner provided a thorough presentation to Council on sections 6 to 10 of the proposed Urban Design Standards.
 
CONFIRMATORY BY-LAW
No. 244            Moved by Councillor Labelle
            Seconded by Councillor McNabb
 
THAT By-law No. 2010-051, being a by-law to confirm the proceedings of the regular meeting of Council held April 26th, 2010 and the Council Planning and Development meeting held April 19th, 2010 be enacted and passed this 26th day of April, 2010.
 
CARRIED
 
ADJOURNMENT
 
Moved by Councillor McNabb
 
THAT the meeting of Council be hereby adjourned at 9:11pm.
 
CARRIED
 
 
______________________________
MAYOR
 
_____________________________
CLERK
No. of Pages: 
8pages
AttachmentSize
April 26_10 Council Mnts.pdf2.32 MB