December 5, 2011 Council Minutes

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A meeting of Council was held Monday December 5, 2011 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:            
Kimberly Wingrove, Chief Administrative Officer
Sara Almas, Clerk
Ed Houghton, Executive Director of Public Works
Larry Irwin, Director of Information Technology
Marta Proctor, Director of Leisure Services
Marjory Leonard, Treasurer
Nancy Farrer, Director of Planning Services
Trent Elyea, Fire Chief
                                              
ADOPTION OF AGENDA
No. 512         Moved by Deputy Mayor Lloyd
Seconded by Councillor Edwards
 
THAT the content of the Council Agenda and Addendum for December 5th, 2011 be adopted as presented.
 
CARRIED
 
DECLARATIONS OF PECUNIARY INTEREST AND/OR RECEIPT OF GIFT (over $200)
  • Councillor Chadwick declared a pecuniary interest with respect to the in camera discussion, as he provides consulting services for electricity sector clients. Councillor Chadwick indicated that he will not be participating in the in-camera discussion until it is known whether his client has submitted an RFP for the COLLUS Partnership discussion.
ADOPTION OF MINUTES
No. 513         Moved by Councillor Edwards
Seconded by Deputy Mayor Lloyd
 
THAT the minutes of the regular meeting of Council held November 28th, 2011, be hereby approved.
 
CARRIED
 
BUSINESS ARISING FROM THE PREVIOUS MINUTES – Nil
 
COMMUNITY ANNOUNCEMENTS
  • Council reported on various community events they had attended and announced upcoming events.
DEPUTATIONS
  • Curling Club of Collingwood
Bob Scott, President of the Collingwood Curling Club, attended the Council meeting to outline the events and activities which the Club has been undertaking, and announced that the Club has provided a cheque in the amount of $28,750.00 to the Town for their second last installment of their commitment to the facility renovations.
 
Mr. Scott further elaborated on the investments which the Club has made since 2004, including upgrading the lounge, locker rooms, washrooms and kitchen, installing a new rink floor, refinishing the floors, and the installation of televisions over the ice surface. The Club is a volunteer club with a Board of directors, completing their own registration, administration, and minor repairs.
 
PUBLIC MEETING
 
Public Meeting re:Proposed Amendment to the Heritage Conservation District Plan
  • Mayor Cooper welcomed those in attendance and introduced the Public Meeting format.
  • Clerk Sara Almas confirmed that notice has been provided with respect to the planning applications being heard this evening, in accordance with the Planning Act. Notice was provided November 11, 2011 in the Enterprise Bulletin.
  • Mr. Leo Longo, Municipal Solicitor reiterated Section 41(10) of the Ontario Heritage Act to further stress the public’s responsibilities should they wish to appeal the potential amendments to the Ontario Municipal Board.
  • Nancy Farrer, Director of Planning Services introduced Mr. Trevor Houghton, Senior Planner, who reviewed the notice circulation including its circulation to the Heritage Advisory Committee and further outlined the process. 
The purposeof the proposed amendment to the Heritage Conservation District Plan is to permit the construction of the proposed six (6) storey mixed-use building at the north-east corner of Hume Street and Hurontario Street and to permit the construction of the proposed four (4) storey mixed-use building at the north-west corner of Hume Street and Ste. Marie Street.   The subject properties are located at the intersections of Hurontario Street, Hume Street and Ste. Marie Street in the Town of Collingwood, County of Simcoe and are municipally addressed as 1 Hume Street, 282 and 276 Ste. Marie Street.
 
Mr. Houghton, Senior Planner read the written comments received to date.
 
Mr. Richard Zeigler, the architect retained by Admiral’s Village Incorporated, reviewed the various aspects of their proposed building and noted the changes since the last set of drawings, including a more developed corner and a reduction in height and massing. He noted features of the building, including the patio, barbeques, and garden plots located on the roof, and additional green space. Mr. Zeigler further presented the proposed floor plans of the 1.5 and 2.5 bedroom residential units.
 
Mr. Tom Baulke spoke to Council on behalf of Admiral Collingwood Development Corporation (ACDC) and provided details on the Corporation’s proposed structure, including proposals for a 6 storey building, having 1 floor of commercial space and the remainder being residential. Mr. Baulke stressed the importance of moving the project forward quickly and indicated that if the amendments to heritage bylaw achieve the goals of Admiral Collingwood Development Corporation, then the developer will work closely with the Town to achieve those objectives.
 
Mr. Bob Tregabov, Architect retained by ACDC, addressed Council and spoke to the various architectural features, height to width ratios for the windows, composition of the façade, colour schemes and materials that are proposed, including red clay brick, grey Indiana limestone, as well as roughcast stucco at the rear. Mr. Tregabov stated that such designs are proposed to be consistent with the overall streetscape in this area.
 
Ms. Margaret Mooy, President of the Collingwood Branch of the Architectural Conservancy of Ontario expressed concern with Council appearing to promote and facilitate this development regardless of Official Plans, by-laws or provincial policy plans, and further expressed that the Town is acting as an agent for the developer and incurring increasing legal fees. Ms. Mooy spoke to height and massing of the structure, indicating that the proposed development dwarfs all buildings in the heritage district, and that a structure of this height does not fit into a 2 and 3 storey neighbourhood. Ms. Mooy questioned whether the increased number of proposed units even sell due to the struggling economy, and asked that Council be equitable to all developers within the Town and be cognizant of utilizing taxpayer’s money.
 
Ms. Lee Bertouche appeared before Council, stating that if the proposal is approved, Collingwood will be changed forever, and that the public voted to move the development forward but not to destroy the Heritage District. Ms. Bertouche believes this is not the right thing to do for the future of Collingwood.  
 
Ms. Lindsay Cook, Chair of the Heritage Advisory Committee, discussed the Committee’s review of the proposed amendments to the Heritage Plan and indicated that the Committee looks forward to reviewing the independent peer review of the amendments. Ms. Cook stated that the Committee has no formal comments on the 14 amendments at this time, however hopes that there will be meaningful, collaborative dialogue.
 
Mr. Victor Vandergust attended the Council meeting as a lawyer and business owner in the Downtown, stating that people were in his office upset that they had sold their homes in hopes of having a space in this new development. Mr. Vandergust complimented the architect, developer and the Town, and noted that the Town needs jobs, a tax base, and tenants.
 
Mr. Julia Filiplic, a grade 10 student at CCI, explained that the building is violating the by-laws which are in place and questioned why additional commercial space is required if there are already empty buildings in the Downtown. Ms. Filiplic stated that she would not want to walk Downtown if this development moves forward, however it would look great at a different location. Ms. Filiplic expressed the fact that she has to live in this Town for many years, and if the proposal does not work well, there will be an empty building remaining.
 
Mr. Greg Dorbeck expressed concern over the precedent the amendments might set, and noted that he is against the proposed changes to the Heritage District By-law. Mr. Dorbeck proposed a number of questions related to rules of this site not being respected, this matter being a distraction from other businesses and resources, re-opening the matter following a mediated resolution, why the proposed amendments have not been made public in detail, and balanced growth. Mr. Dorbeck further stated that it was the developer who chose to purchase this site knowing that these restrictions are in effect.
 
Mr. Brian Scott, a resident at 249 Ste. Marie Street, suggested that it is naïve to assume that any developer would proceed as has occurred if the heritage 3 storey stipulation was not profitable. Mr. Scott further suggested that disbanding the Heritage Conservation District would destroy the charm, the Downtown, and future dynamics of the Town, and that it seems that the importance of preserving the heritage area is being defied and ignored.
 
Mr. Ed Christie appeared before Council, citing that the Heritage Committee is in favour of the design and concept, and that the original objective is to have the old and new grow together.  Further, Mr. Christie stated that we are fortunate to have a developer so eager to construct and we should wish him good luck.
 
Mr. Gary Norman, a resident on Oak Street, indicated that much of the electorate supported the current Council based on the development proceeding, and if amending the Heritage By-law allows the development to proceed, then the by-law should be amended. Mr. Norman noted that the design compliments the downtown, and the market will be the deciding factor in its success.  
 
Mr. Noel Bates expressed disappointment that Wayne Morgan, the Heritage Planner retained by the Town, was not asked if the deficiencies, if exempted, would destroy the by-law. Rather, it was his responsibility to examine the Plan and the structure’s diagrams, and say where the deficiencies exist. Mr. Bates noted that the proposed amendments have not been seen and expressed concern over whether the amending by-law, if adopted, will conform to the Official Plan.
 
Ms. Cheryl Nichols-Jones of 341 Hurontario Street indicated that Council is acting in reverse by acting as the applicant on behalf of the developer and has released the developers from paying fees. Ms. Nichols-Jones further inquired as to whether this is the right location for a high rise building.
 
Mr. Dennis Gerrard addressed Council, stating that he chose to retire in Collingwood because of the unique downtown and is furious that people are supporting this concept. Mr. Gerrard would like development to occur at that location, however the massing will destroy the appearance of the Town. He further indicated that he is concerned about the short notice provided for the meeting.
 
Ms. Annette Snowden, a resident at 153 Ontario Street, noted concerns over the motion Council previously considered to remove the property from the Heritage District. 250 people signed a petition, leading Council to withdraw the motion and subsequently propose a new motion, recommending that the Heritage District Plan be reviewed. Ms. Snowden further encouraged Council to listen carefully to what was said by the student earlier in the evening and to consider the future of children in the Town.    
 
Mr. Peter Osmond expressed support for the development, stating that developments such as this are needed for the sustainability of the Downtown, and it is up to the developer to determine the financial viability of such a proposal, whether it is six storeys or not. Additionally, Mr. Osmond noted the importance of such a development for revenue, assessment, and the downtown.  
 
Mr. Ian Tudor of 341 Hurontario Street cautioned about the potential to cut off the downtown from the south, and how the height, length, and wrap around corner accentuate the mass. Mr. Tudor stated that he is not against Mr. Assaff building at that corner, however that is the gateway to a cherished heritage district and the approach must be sensitive to that, minimize impact, and be compatible. Additionally, Mr. Tudor indicated that he is pleased there will be another peer review of the proposed amendments, and asks that Council not advocate for a single development but rather act for all the taxpayers in the Town.
 
Mrs. Wendy McKenzie noted her main issue, being height and the size of the building. Mrs. McKenzie also encouraged Council to listen to the thoughts of the student who spoke earlier in the meeting.  
 
Mr. Dick Hill of 43 Niagara Street, agreed that Council needs to negotiate and work with both the taxpayer and the developer, and indicated his support for the development. Mr. Hill cautioned that harassing can kill this project, and the public will not all agree on the matter.
 
Ms. Annette Patrick spoke to Council, citing that there is confusion with respect to a process that has been put in place for the benefit of citizens. Ms. Patrick questioned whether this should be so difficult to understand, and noted that she has been depending upon this process which is supposed to be trustworthy.  If we cannot continue depending upon the process on which decisions are being made, it is reason to be nervous about the future. Ms. Patrick believes that the development is too high and ruins the Heritage aspects of the Town.
 
Mr. Jack Marley noted the importance of having something being developed at that location. Mr. Marley spoke to the status of the Mountain View Hotel, and urged Council to make a decision and move forward with the proposal.  
 
The public portion of the meeting closed at 7:35pm.  
 
Staff addressed questions and comments from Council, including appropriate building materials, possibility for developing the structure deeper in the ground, shadowing, and advised Council they will provide a diagram of the development in scale with the neighbourhood.
 
The Public Meeting closed at 7:55pm.
 
CONSENT AGENDA
No. 514         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
County of Huron Resolution re: Restricted Use of Farm Buildings
Receive for Information
A.2
Ministry of Community Safety and Correctional Services re: Provincial Crisis Intervention Team
Receive for Information
A.3
County of Simcoe re: Simcoe Area Public Transit Improvement Initiatives
Receive for Information
A.4
Ministry of Transportation re: Implementation of Highway 26 Name Change to “Beachwood Road”
Receive for Information
A.5
Ontario Provincial Police re: Municipal Policing Cost Recovery Formula
Receive for Information
 
            CARRIED
 
MOVE INTO COMMITTEE OF THE WHOLE (Staff Reports/By-laws if deemed expedient)  
 
REPORTS/MINUTES OF COMMITTEES/BOARDS
No. 515         Moved by Councillor Chadwick
Seconded by Councillor Cunningham
 
THAT the Airport Service Board Minutes of November 3, 2011, the Accessibility Advisory Committee Minutes of November 9, 2011, and the Downtown Collingwood BIA Board of Management Special Meeting minutes of November 15, 2011, be hereby received.
 
CARRIED
 
No. 516         Moved by Councillor Hull
Seconded by Councillor West
 
THAT the Parks, Recreation and Culture Advisory Committee Minutes of November 16, 2011 be hereby received and the recommendations contained therein be approved.
Recommendation
I) THAT the Parks, Recreation, and Culture Committee recommends that Council maintains the Town’s net inventory of parkland by designating or acquiring appropriate replacement parkland when such land is re-designated for alternate municipal purposes.
 
Amendment:  Moved by Councillor Lloyd
Seconded by Deputy Mayor Lloyd
 
THAT Council receive the recommendation with respect to maintaining a net parkland inventory and direct that such a policy be considered in the development of the parks and greenspace master plan process which is being brought forward in the 2012 budget in coordination with the Land Acquisition Reserve Fund Policy.
 
CARRIED
 
No. 516         Moved by Councillor Hull
                    Seconded by Councillor West
 
THAT the Parks, Recreation and Culture Advisory Committee Minutes of November 16th, 2011 be hereby received;
 
AND FURTHER That Council receive the following recommendations: That Council maintains the Town’s net inventory of parkland by designating or acquiring appropriate replacement parkland when such land is re-designated for alternate municipal purposes;
 
AND FURTHER That Council direct that such a policy be considered in the development of the parks and greenspace master plan process which is being brought forward in the 2012 budget in coordination with the Land Acquisition Reserve Fund Policy.
 
CARRIED
 
No. 517         Moved by Deputy Mayor Lloyd
Seconded by Councillor Chadwick
 
THAT the Police Services Board minutes of October 25, 2011 be hereby received and that Council consider an appropriate Board remuneration.
Recommendation (Staff)
I)  THAT Council authorize a remuneration in the amount of $125.00 per meeting until otherwise reviewed during the 2012 Budget Deliberations.
           
CARRIED                   
 
STAFF REPORTS
T2011-15       Huronia Pathway Sanitary Sewer Connection Fees
No. 518         Moved by Deputy Mayor Lloyd
Seconded by Councillor Chadwick
 
THAT Staff Report T2011-15, recommending Council enact By-law No. 2011-127 to establish the Sanitary Sewer connection fee for lands abutting Huronia Pathway, be received.
 
CARRIED
  
No. 519         Moved by Deputy Mayor Lloyd
Seconded by Councillor Cunningham
 
THAT By-law 2011-127, being a by-law respecting sanitary sewer connections for lands abutting Huronia pathway and imposing charges related thereto, be enacted and passed this 5th day of December, 2011.
 
CARRIED
 
PRC2011-19  Public Art Plan and Community Feedback
No. 520         Moved by Councillor Hull
Seconded by Councillor West
 
THAT Council receives Staff Report PRC2011-19 for information;
 
AND FURTHER THAT Council approves the Public Art Plan as prepared, with funding for the identified programs being contingent on the annual operational and capital budget process;
 
AND FURTHER THAT Council direct staff to utilize the proposed Fire Hall capital project as the pilot for the “Percent For Art” program with the amount to be confirmed when the project and estimates are approved.
 
CARRIED
 
MOTIONS
No. 521         Moved by Councillor Edwards
Seconded by Councillor Hull
 
THAT Council establish a Mayor’s Youth Advisory Committee and accept the draft Terms of Reference as attached that may be amended from time to time by the Mayor as deemed appropriate.
 
CARRIED
 
No. 522         Moved by Councillor West
Seconded by Councillor Gardhouse
 
THAT this Council proceeds in Camera in order to address a matter pertaining to:
 
checked labour relations or employee negotiations
checked the security of the property of the municipality or local board
checked personal matters about an identifiable individual, including municipal or local board employees
checked advice that is subject to solicitor/client privilege, including communications necessary for that purpose;
 
a) CUPE Negotiations
b) COLLUS Strategic Partnership RFP Review
c) Performance Evaluation Process
d) Litigation / Legal Direction
 
CARRIED
 
BY-LAWS
No. 523         Moved by Councillor Cunningham
Seconded by Councillor West
 
THAT By-law 2011-128, being a by-law to appoint a Municipal Law Enforcement Officer, be enacted and passed this 5th Day of December, 2011. (Bob Prosser)
 
CARRIED
 
NOTICE OF MOTION - Nil
 
COUNTY REPORT
  • Deputy Mayor Lloyd provided a brief County Report, announcing that the limit for garbage pickup during Christmas is 2 bags. A more detailed report will follow next month.
OLD or DEFERRED BUSINESS – Nil
 
OTHER BUSINESS
  • Council reviewed the Pending List and inquired as to the status of specific items.
Council proceeded to in-camera session as previously resolved. (8:25 pm)
 
Moved by Councillor West
Seconded by Councillor Gardhouse
 
THAT Council rise from in-camera and return to public session. (10:25pm)
 
CARRIED
 
CONFIRMATORY BY-LAW
No. 524         Moved by Councillor Gardhouse
Seconded by Councillor West
 
THAT By-law No. 2011-129, being a by-law to confirm the proceedings of the regular meeting of Council held December 5th, 2011 be enacted and passed this 5th day of December, 2011.
 
CARRIED
 
ADJOURNMENT
Moved by Deputy Mayor Lloyd
 
THAT the meeting of Council be hereby adjourned at 10:26pm.
 
CARRIED
 
______________________________
MAYOR
 
______________________________
CLERK
No. of Pages: 
7pages
AttachmentSize
Dec 5_11 Council Mnts.pdf3.5 MB