January 7, 2013 Council Minutes

A meeting of Council was held Monday January 7, 2013 in the Council Chambers, Town Hall, Collingwood commencing at 5:00pm.
NOTICE:

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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:                       
Ed Houghton, Acting Chief Administrative Officer
Sara Almas, Clerk
Larry Irwin, Director of Information Technology 
Marta Proctor, Director of Leisure Services - Regrets
Marjory Leonard, Treasurer
Nancy Farrer, Director of Planning Services
Trent Elyea, Fire Chief
Marcus Firman, Manager of Water Services
 
ADOPTION OF AGENDA
No. 001           Moved by Deputy Mayor Lloyd
  Seconded by Councillor Edwards
 
THAT the content of the Council Agenda for January 7th, 2013 be adopted as amended:
  • Removal of the In-camera discussions related to personal matters about an identifiable individual, including municipal or local board employees, discussion item Accessibility Advisory Committee Appointments.
CARRIED
 
DECLARATIONS OF PECUNIARY INTEREST AND/OR RECEIPT OF GIFT (over $200) - Nil
 
DEVELOPMENT CHARGES COMPLAINT HEARING - A. Woolnough, 87 St. Lawrence Street
Clerk Almas brought the proceedings to order by announcing the matter and introducing the Complainant, Mr. A. Woolnough of 87 St. Lawrence Street.
 
Mr. A. Woolnough provided evidence in support of his request for reconsideration to reduce the development charge fee for the redevelopment of the property as he feels the intended use of the property has remained residential.  Mr. Woolnough confirmed that he and his wife had purchased the property in July and are proceeding with building a house on the property. Mr. Woolnough’s current neighbour confirmed to him, a cottage was located and used on the property for years before it was repurposed from the Federal Government for the purpose of storing navigational equipment and has since been removed. The lot has always been and remains zoned as residential which he believes fits the definition of the by-law. Mr. Woolnough believes the Town acquired the property in about 2001 and has sat vacant since then, was designated as surplus and sold by tender.  He believes the lot was serviced when purchased, including sidewalks, streets, phone, underground hydro, water, sanitary sewer with the first three utilities located in the building and sanitary sewer at the property line. Mr. Woolnough feels the amount of development charges required is unfair to charge the full amount for a fully serviced lot. Mr. Woolnough suggested Council consider the following as reductions in the amount to be paid: the foot print of the old building being approximately 38% of the proposed building; or removing the charges on the water and sewer portion of approximately $6,500.00.
 
Clerk Almas asked for any questions of clarification from Council to the Complainant.
 
Deputy Mayor Lloyd inquired to whether the neighbour mentioned in Mr. Woolnough’s statement would provide an affidavit to confirm the use of the property in question.    Mr. Woolnough was certain that the Thomas’ would provide such document.
 
Councillor Edwards inquired to the full amount of development charges required to be paid on the property. Treasurer Leonard confirmed the amount as $21,064.00 which represents the Town portion of the charge.
 
Councillor Lloyd inquired whether Mr. Woolnough had any other record to there being a dwelling on the property and whether there are any building permits on file at the Town for the property. Mr. Woolnough confirmed it was just the word of the neighbours.
 
Treasurer Marjory Leonard provided background with respect to this specific development charge review and calculation as well as clarification of the legislation and the Development Charges By-law.
 
Mr. Woolnough readdressed Council further noting that the by-law refers to its designated use, not the actual use, requesting a reduction as he believes the property is fully serviced.
 
Councillor West inquired to whether there is any record of anyone paying taxes on the property.  Treasurer Leonard confirmed that the municipal records do not go back that far.
 
Councillor Edwards inquired to when the property was purchased by the government. Staff will conduct a full title search on the property to confirm previous ownership.
 
Councillor Gardhouse inquired to whether the legal opinion provided to Council is public. Clerk Almas confirmed all opinions from our solicitor are considered privileged and confidential until it’s deemed to be released.
 
Mayor Cooper resumed Chair, requesting Council determine whether they wish to make a decision on the matter this evening.
 
Moved by Councillor Cunningham
Seconded by Councillor Edwards
THAT Council reserve making a decision on the development charge appeal for 87 St. Lawrence Street until not earlier than the next regular meeting of Council.  
 
CARRIED
 
ADOPTION OF MINUTES
No. 002           Moved by Councillor Edwards
  Seconded by Deputy Mayor Lloyd
 
THAT the minutes of the special meeting of Council held December 1st, 2012 and the regular meeting of Council held December 17th, 2012, be hereby approved as presented.
 
CARRIED
 
BUSINESS ARISING FROM THE PREVIOUS MINUTES
  • As requested by Councillor Hull, Acting CAO Houghton addressed the next steps for the allocation of the COLLUS Funds.
 
COMMUNITY ANNOUNCEMENTS
  • Council reported on various community events they had attended and announced upcoming events.
 
DEPUTATIONS - Nil
 
CONSENT AGENDA
No. 003           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. Zheng, Sky Solar Canada, Request for resolution re: installation of a solar rooftop project (101 Mountain Road) (Resolution prepared)

Direction Required

A.2

Ministry of Environment re: Ontario Great Lakes Strategy

Receive for Information

A.3

Veterans Affairs Canada re: Approval of funding contribution of up to $25,000 to the Town of Collingwood for the Honor Wall restoration, under the Cenotaph/Monument Restoration Program

Receive for Information

A.4

Ontario Convenience Stores Association (OCSA) re: Requesting support of resolution attached regarding swift implementation of measures against contraband tobacco (Resolution prepared)

Direction Required

A.5

City of London, Request for support of resolution to pursue an increase in the ‘heads and beds’ levy and obtaining a legal perspective around the ‘heads and beds’ payment amount

Receive for information

A.6

Residents of Lorne Avenue re: Concern with main entrance to new arena being built off of Lorne Avenue (Staff to provide update)

Receive for Information

 
CARRIED
 
A.1       T. Zheng, Sky Solar Canada, Request for resolution re: installation of a solar rooftop project (101 Mountain Road)
 
No. 004           Moved by Councillor Lloyd
  Seconded by Councillor Hull
 
WHEREAS 8180792 Canada Inc. (the "Applicant") proposes to construct and operate a Solar Rooftop project (the "Project") at 101 Mountain Road (the "Property") in the Town of Collingwood under the Province's FIT Program;
 
AND WHEREAS the Applicant has requested that Council of the Corporation of the Town of Collingwood indicate by resolution Council's support for the construction and operation of the Project on the Property;
 
AND WHEREAS pursuant to the rules governing the FIT Program (the “FIT Rules”), Applications whose Projects receive the formal support of Municipalities will be awarded priority points, which may result in the Applicant being offered a FIT Contract prior to other persons applying for FIT Contracts;
 
NOW THEREFORE BE IT RESOLVED THAT Council of the Corporation of the Town of Collingwood supports the construction and operation of the Project on the Property.
 
CARRIED
 
A.4       Ontario Convenience Stores Association (OCSA) re: Requesting support of resolution attached regarding swift implementation of measures against contraband tobacco
 
No. 005           Moved by Councillor Lloyd
  Seconded by Councillor West
 
WHEREAS contraband tobacco has negative public consequences and impacts such as unrestricted youth access to tobacco products and an increase in criminal activity;
 
THEREFORE BE IT RESOLVED THAT Council of the Town of Collingwood request the Mayor write a letter to the Ontario Minister of Finance in support of the Ontario Government’s most recent Budget commitments to eradicate contraband tobacco through the implementation of additional regulatory, enforcement and other provisions in Bill 186 and amendments to the Tobacco Tax Act. Particularly, in support of measures such as:
 
  • Increased fines for those convicted of offences related to contraband tobacco;
  • More authority for law enforcement officials with respect to: forfeiture of items seized, and impounding of vehicles.
  • Drawing on best practices of other jurisdictions to enhance contraband tobacco control through joint enforcement efforts.
 
AND THAT the provincial government be encouraged to continue to strengthen their strategies to address the manufacture and supply of contraband tobacco and maintain their commitment to introduce amendments this fall to implement these measures.
 
AND THAT surrounding municipalities be made aware of the actions by this Council to address the concerns presented by contraband tobacco.
 
CARRIED
 
REPORTS/MINUTES OF COMMITTEES/BOARDS - Nil
 

STAFF REPORTS
 
C2013-01        Encroachment Agreement – 317 Simcoe Street
No. 006           Moved by Councillor Chadwick
  Seconded by Councillor Edwards
 
THAT Staff Report C2013-01, recommending Council enact and pass a by-law to authorize an Encroachment Agreement between Home Trust Property and the Town of Collingwood to permit a minor encroachment of a portion of the structure located at 317 Simcoe Street, be received.
 
  CARRIED
 
No. 007           Moved by Councillor Chadwick
  Seconded by Councillor Edwards
 
THAT By-law No. 2013-004, being aby-law to authorize the execution of an encroachment agreement, be enacted and passed this 7th day of January, 2013. (317 Simcoe Street)
 
  CARRIED
 
PRC2013-01    Town of Collingwood Signage
No. 008           Moved by Councillor Hull
  Seconded by Councillor West
 
THAT Council receive Staff Report PRC2013-01 for information, including the proposed improvements for Town of Collingwood wayfinding and directional tourist information signage;
 
AND FURTHER THAT Council authorize the Parks, Recreation and Culture Department to implement the recommended signage strategy with funds approved through the budget process.
 
                        CARRIED
 
PRC2013-02    Harbourview Park Boardwalk
No. 009           Moved by Councillor West
  Seconded by Councillor Hull
 
THAT Council receive Staff Report PRC2013-02 for information, providing an update on the current condition and options for improvement to the Harbourview Park Boardwalk;
 
AND THAT Council authorize staff to remove an unsafe portion of the Boardwalk identified as Section “A” in this report with funds to be approved in the 2013 budget process;
 
AND FURTHER THAT Council allocate the appropriate funds in the 2013 and future Capital Budgets for replacement of the approved sections of boardwalk.
 
CARRIED
 
T2013-01         2013 Temporary Borrowing By-Law
No. 010           Moved by Deputy Mayor Lloyd
  Seconded by Councillor Edwards
 
THAT Staff Report T2013-01, titled 2013 Temporary Borrowing By-Law, recommending Council enact and pass By-Law No. 2013-001 establishing the 2013 Temporary Borrowing Facility for the Town of Collingwood, andBy-Law No. 2013-002 establishing the 2013 Temporary Borrowing Facility for the Collingwood Public Utilities Service Board, be received.
 
CARRIED
 
No. 011           Moved by Deputy Mayor Lloyd
   Seconded by Councillor Edwards
 
THAT By-law 2013-001, being a by-law to authorize temporary borrowing to meet the current expenditures of the Town of Collingwood until taxes are collected and other revenues are received, be enacted and passed this 7th day of January, 2013.
 
CARRIED
 

No. 012           Moved by Deputy Mayor Lloyd
  Seconded by Councillor Edwards
 
THAT By-law 2013-002, being a by-law to authorize temporary borrowing to meet the current expenditures of the Collingwood Public Utilities Services Board until water rate revenues are collected and other revenues are received, be enacted and passed this 7th day of January, 2013.
 
  CARRIED
 
T2013-02         Interim Property Tax Levy
No. 013           Moved by Deputy Mayor Lloyd
  Seconded by Councillor Edwards
 
THAT Staff Report T2013-02, titled Interim Property Tax Levy, recommending Council enact By-Law No. 2013-003 to establish the 2013 Interim Tax Levy, be received.
 
            CARRIED
 
No. 014           Moved by Deputy Mayor Lloyd
  Seconded by Councillor Edwards
 
THAT By-law No. 2013-003, being a by-law to provide for the 2013 Annual Interim Tax Levy, be enacted and passed this 7th day of January, 2013.
 
  CARRIED
 
T2013-03         Municipal Infrastructure Investment Initiative (MIII) Capital Funding Application
No. 015           Moved by Deputy Mayor Lloyd
  Seconded by Councillor Hull
 
THAT Staff Report T2013-03, MIII Capital Funding Application be hereby received;
 
AND THAT Council of the Town of Collingwood approve applying for funding under the Municipal Infrastructure Investment Initiative Capital Program for the reconstruction of the Fourth and Fifth Street bridges;
 
AND THAT Council confirm the information contained in the Expression of Interest is factually accurate and that the development of a comprehensive asset management plan that includes the information described in the “Building Together: Guide for Municipal Asset Management Plans” will be completed by December 31, 2013.
 
                        CARRIED
 
MOTIONS
No. 016           Moved by Councillor Cunningham
  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;
checked labour relations or employee negotiations;
 
Items for Discussion: a) Sale of Terminals and b) Fire Negotiations
 
 CARRIED       
 
BY-LAWS - Nil
 
NOTICE OF MOTION - Nil
 
OLD or DEFERRED BUSINESS
  • Councillor Hull requested an update to a petition submitted from the neighbourhood of Lockhart Meadows, formally known as Riverside, requesting trail access be created from the train trail to the back of Admiral Collingwood School, further noting the school board has indicated that they would be on board in terms of providing access.  
 
Ms. Wendy Martin, Manager of Parks, confirmed that an access gate, culvert, limestone screenings, would be coordinated in the spring with the minimal expenses being paid through the trails operating budget.   Council inquired to the liability of crossing the rail line if it was to become active. Ms. Martin confirmed the treatment can be removed if required.
 
OTHER BUSINESS
  • Pending List
Councillor Hull requested an update to Blue Mountains’ position to the Resolution No. 365 regarding bus services to the west.  Acting CAO Houghton confirmed discussions have taken place with all parties and they have agreed to meet again to further discuss opportunities.
 
Councillor Lloyd requested an update on the Courtesy Parking Ticket Program.
 
Council proceeded to in-camera session as previously resolved. (6:30pm)
 
Moved by Councillor Cunningham
Seconded by Councillor Hull
 
THAT Council rise from in-camera and return to public session. (8:01pm)
 
CARRIED
 
CONFIRMATORY BY-LAW
No. 016           Moved by Councillor Gardhouse
  Seconded by Councillor West
 
THAT By-law No. 2012-005, being a by-law to confirm the proceedings of the regular meeting of Council held January 7th, 2013 be enacted and passed this 7th day of January, 2013.
 
  CARRIED
 
ADJOURNMENT
 
Moved by Councillor Chadwick
 
THAT the meeting of Council be hereby adjourned at 8:01pm.
 
            CARRIED                   
 
                                         
______________________________
MAYOR
 
_____________________________
CLERK
No. of Pages: 
6pages
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Jan 7_13 Council Mins.pdf443.4 KB