Policy Review Committee Action Report for May 14 th, 2013 held in the Council Chambers Immediately Following Council

Transcription

1 Policy Review Committee Action Report for May 14 th, 2013 held in the Council Chambers Immediately Following Council PRESENT: Mayor LeBlanc, Deputy-Mayor Sonnenburg, Councillor Antonakos, Councillor Flynn, Councillor Probert, Councillor Black, Councillor Strike, Duncan Rogers, Clerk, Paul Knowles, Chief Administrative Officer 1) DECLARATION OF PECUNIARY INTEREST - now or anytime during the meeting 2) REGISTRATION OF PUBLIC WISHING TO SPEAK - with the secretary 3) PLEASE TURN OFF ALL CELL PHONES AND PAGERS 4) COMMUNICATION IS A CLOSED MEETING 5) If there is an addendum, in accordance with Section (of Striking Report) does the committee wish to approve this addendum? TO BE DISCUSSED Received from Paul Knowles, Chief Administrative Officer Addressed to Policy Review Committee Date March 2013 Topic 2014 Municipal Election SUMMARY The Clerk has researched and offers the following information regarding the structure of Council. The Municipal Act, 2001: Section 217 of the Municipal Act deals with the composition of local municipalities. Essentially the requirements are that: a) There shall be a minimum of five members, one of whom shall be the head of council. b) The members of council shall be elected in accordance with the Municipal Elections Act. c) The head of council shall be elected by general vote. d) The members other than the head of council, shall be elected by general vote or wards or by any combination of general vote and wards. e) The representation of a local municipality on the council of an upper-tier municipality shall not be affected by the by-law of the local municipality under this section. Further, that a By-law changing the composition of council does not come into effect until the day the new council (December of 2014) is organized. Also, if a change is desired for the new council of 2014, the By-law changing the composition of council must be adopted by December 31, Section 218 of the Municipal Act deals with the composition of upper-tier councils.

2 Policy Review Committee - May 14 th, Page Continued The Sections relevant to us reads as follows: Section 218 (3) - The members of council, except the head of council, shall be elected in accordance with the Municipal Elections Act, 1996 to the upper-tier council or to the council of one of its lower-tier municipalities. Further Section 218 (6) - Each lower-tier municipality shall be represented on the upper-tier council. The County of Lanark: The Council of The County of Lanark adopted By-law No on March 26, This By-law deals with the composition, size and number of votes of County Council members. In terms of local representation, the By-law simply states in part that County Council shall hereafter be composed of two representatives from each of the local municipalities. The Restructuring Order dated January 1, 1998 Item No. 6 of Restructuring Order dated January 1, 1998 states as follows: 6. The head of council and the deputy head of council shall be members of the council of the County of Lanark. The Clerk spoke with Carol Church, Municipal Advisor Officer of the Kingston Office of the Ministry of Municipal Affairs and Housing regarding this matter. Carol referred him to Section 186 (2) of the Municipal Elections Act which states as follows: Despite clause (1)(b) a municipality may exercise its powers with respect to any of the following matters before or after an order of the Minister under Section 173 or an order of a commission under Section 175 comes into force, unless the order precludes it expressly or by necessary implication. 4. Changing the composition of council. In other words, we may change the composition of council if so desired by the members. COMMENT There are several options available to us in terms of Council representation on the Council of the County of Lanark. The important note is that any change must be done by the end of this year in order to take effect for the new council after the 2014 election. As a final note, our Public Notice By-law requires us to give notice of the change of composition of Council in a local publication of at least 10 days and also requires that this matter be dealt with at a public meeting. UPDATE 1 Some potential alternative structures for Council are: Current: 1 Mayor (County Council) 1 Deputy-Mayor (County Council) 5 Councillors Alternative 1a) 1 Mayor (County Council) 6 Councillors **Select Deputy-Mayor (that serves on County Council) from 6 members of Council.

3 Policy Review Committee - May 14 th, Page Continued Alternative 1b) 1 Mayor 6 Councillors **Select two from 7 members of Council to serve on County Council Alternative 2) Alternative 3a) 1 Mayor 1 Reeve (County Council) 1 Deputy-Reeve (County Council) 4 Councillors 1 Mayor 1 Deputy-Mayor (County Council) 5 Councillors **Select 1 of the 5 Councillors to serve on County Council. Alternative 3b) 1 Mayor 1 Deputy-Mayor (County Council) 5 Councillors ** Mayor has first opportunity to sit on County Council. If Mayor declines, select 1 of 5 Councillors to serve on County Council. UPDATE 2 Clerk will arrange for the public presentation of the suggested new structure of Council at the June 11 th, 2012 meeting. STAFF RECOMMENDATION Bring forward COMMITTEE DECISION Bring forward COUNCILLOR ANTONAKOS DECLARED A PECUNIARY INTEREST AND DID NOT PARTICIPATE IN OR VOTE ON COMMUNICATION Received from Paul Knowles, Chief Administrative Officer Addressed to Policy Review Committee Date April 24 th, 2013 Topic Downtown Development Proposal SUMMARY Recently Council declared the Allan Street property (former Curling Club Parking Lot) surplus. Staff have received several inquiries about this property even though it has not yet been advertised. The appraisal value of the property is $190,000. UPDATE 1 There has been considerable interest in this and other properties including the Town s property at 200 Bridge Street (on the north bank of the river and Water St.). Rather than considering the first offer(s) that happen to be submitted, staff suggest that a deadline for submitting offers be established. Also that purchasers be asked to submit offers which include a description of their plans for the property.

4 Policy Review Committee - May 14 th, Page Continued On March 26 th, 2013, Council decided THAT the advertisement for property be modified to indicate that the Town will be accepting offers on the properties in the Downtown area (Allan Street, Beckwith Street) until April 17 th, Developers are encouraged to submit comprehensive offers which may include the development of private properties. Council will then consider all offers and supporting plans for the properties at the meeting on April 23 rd. Bring forward. UPDATE 2 The current offer before Council (that was presented to Council on March 26, 2013) had no conditions imposing requirements on the Purchaser. On April 9 th, 2013, Council decided Staff are to share the following with all prospective purchasers: Important items that should be addressed in a comprehensive downtown redevelopment/property offer includes: fixed timelines for development with provisions that address non-compliance; specific control/approval of details of development; a comprehensive agreement which includes all targeted private properties in the Downtown area; publicity and transparency of the Agreement; inclusion of 39 Beckwith Street with development of the Beckwith Street property; inclusion of 44 Allan Street and 139 Charles Street with development of the Allan Street property: sale of the municipal property on the north side of the river is premature at this time; While these items should be addressed in an offer, there is no commitment by Council to accept any other. UPDATE 3 Appraised value for Town`s property on north shore of river between Bridge Street and Water Street is $390,000. In response to the invitation to submit Offers to Purchase municipal property in the downtown, the Town has received two submissions: 1) An Expression of Interest from BbQ Partners Development Ltd to purchase the Beckwith Street property for the asking price of $250,000 to construct a 3 storey residential building with 32 units and underground parking. Purchaser says they may consider acquiring 39 Beckwith street; (Received April 17 th, 2013). 2) A comprehensive offer to redevelop downtown properties from Volunder Thorbjornsson in Trust: (Received April 21 st, 2013)

5 Policy Review Committee - May 14 th, Page Continued Property Offer/Conditions Comments Recommendation Charles/Allan Purchase Price $50,000 Appraised price is $190,000 Deposit $ 500 Irrevocable Date May 8 th, 2013 Closing Date August 28 th, Charles and 44/58 Allan Street will be part of the development that includes 135 Charles 7 Beckwith Negotiation an offer to purchase for $50,000 by May 10 th, 2013 That the Town purchase the adjacent property, 39 Beckwith, and then sell this property to the buyer for the purchase price, not to exceed $168,000. Town provides, at Town s expense, Record of Site Condition and an additional topographic survey for the property. Developer will meet residential parking requirements for this property. The Town waives all parking requirements for the commercial portion of the project Bridge That the buyer will have the right of first refusal for these properties, located on Bridge and Water Streets Appraised price is $245,000 List Price is $250,000 Listed price of property is $169,900 By-law states that to purchase a property, the Town will: A Standing Committee shall determine which properties will be purchased; A Standing Committee shall appoint a representative to negotiate the purchase of property; At least one appraisal of fair market value of the real property shall be obtained and presented to the standing committee, unless the Committee deems an appraisal is not required. THAT the Mayor and the Clerk be directed to execute an Offer to Purchase of $160,000 for 39 Beckwith Street, conditional upon successful sale of the Town s adjacent property and resale of 39 Beckwith Street for a development proposal that involves both properties.

6 Policy Review Committee - May 14 th, Page Continued Property Offer/Conditions Comments Recommendation All Properties That all properties involved be exempt from development fees, building permit fees and all other fees normally charged for similar projects; That site plan and design control requirements by the Town shall be fulfilled based upon concept drawings and not final architectural plans; The following commitments for the development of the properties identified form part of the Agreement of Purchase and Sale and if the Purchaser fails to meet the commitments it will be deemed a breach of the agreement Franktown Road - Spring 2013 Allan/Charles Street - Spring 2014 Olympia Restaurant - Spring Moore Street - 12 months from acquisition from the Canadian Cooperative Wool Growers (CCWG) Bridge Street - within 12 months of land title transfer; 215 Bridge Street - in conjunction with the development; 84 Mill Street or earlier if absorption of residential components of above projects exceeds expectations. On April 23 rd, 2013, Council decided: THAT the Town`s property north of the river between Bridge Street and Water Street be advertised for sale for $390,000. Ad will also highlight the requirement for the 50 ft. adjacent to the river to be maintained as landscape space. THAT BbQ Partners Development Ltd. be advised that the Town is negotiating with another purchaser at this time; THAT the Town offer to purchase 39 Beckwith Street for $160,000 conditional upon the Town selling the Beckwith Street property and re-selling 39 Beckwith for a development proposal that involves both properties; To ensure transparency with this significant issue: THAT all materials and further discussion related to this item, except specific legal advice, be held in Open Session of Council; THAT staff prepare a detailed analysis of the offer from Volunder Thorbjornsson in Trust with recommendations for discussion at the next meeting. THAT a special meeting, in Open Session, to discuss a response to this offer be scheduled for Wednesday, May 1 st, 2013 at 1:00 p.m.; THAT the distributed Media Release be provided to the press and public; UPDATE 4 Staff will work to prepare a detailed analysis of the offer from Volunder Thorbjornsson and complete the above chart providing comments and recommendations regarding the offer.

7 Policy Review Committee - May 14 th, Page Continued UPDATE 5 Staff have prepared the distributed analysis providing comments and recommendations. COMMENT To summarize the analysis, the Developer s offer with staff s recommended modifications would sell the Allan Street and Beckwith Street properties for $100,000 (vs the appraised value of $435,000) and forgo Development Charges revenues ($624,846) and commercial parking revenues ($38,000). In return the Town would see: ( removal of adjacent buildings and construction of significant projects on Beckwith Street and Allan Street; ( redevelopment of Franktown Road and 101 Bridge Street (Note - this component is unique as another developer could not offer to include these properties); ( increased ongoing tax revenues from the four projects; ( the opportunity to test a new approval process for Development Permit applications; and ( the Developer promises to also pursue further development in the downtown including the offer to develop 200 Bridge Street. If Council determines that the Developer s proposal represents good value for the concessions then a detailed offer should be prepared. On April 9 th, Council decided that the important items that should be address in a comprehensive downtown redevelopment offer were; fixed timelines for development with provisions that address non-compliance; specific control/approval of details of development; a comprehensive agreement which includes all targeted private properties in the Downtown area; publicity and transparency of the Agreement; inclusion of 39 Beckwith Street with development of the Beckwith Street property; inclusion of 44 Allan Street and 139 Charles Street with development of the Allan Street property: sale of the municipal property on the north side of the river is premature at this time; The offer is being fully disclosed to the taxpayers and, as structured above, satisfies all of these UPDATE 6 At the May 1 st, 2013 Policy Review Committee, there was general consensus on:

8 Policy Review Committee - May 14 th, Page 8 Property Offer/Conditions Comments Recommendation Charles/Allan Deposit $ 500 A deposit of $500 is minimal. However, the Developer will be investing considerable effort to prepare development plans. THAT the agreement include clauses to ensure timely progress of projects, specifically that concept plans be submitted for Beckwith Street prior to June 13 th, 2013 and for Allan Street, Franktown Road and 101 Bridge Street prior September 12 th, 2013 otherwise the agreement shall be cancelled. Irrevocable Date May 8 th, 2013 Closing Date Aug. 28 th, Charles and 44/58 Allan Street will be part of the development that includes 135 Charles The most optimistic schedule for approval of this proposed agreement is: May 1 st reach general agreement on all points May 7 th Council reviews a proposed final agreement which incorporates the points generally agreed to on May 1 st May 14 th Council approves final agreement The property should not be transferred until all conditions have been fulfilled. Specific condition needs to be drafted to ensure anticipated project does proceed. THAT the irrevocable date be May 15 th, 2013 THAT the closing date be 10 days after all conditions have been fulfilled. THAT solicitor draft a condition whereby the sale of the property would not proceed until the developer has received approval for the construction of 36 condo units valued at $350,000 each on the assembled property acceptable to the Town and executed a Development Permit Agreement and deposited all required security. If this condition is not fulfilled by May 30 th, 2014, the agreement is cancelled. Furthermore, the Town could repurchase the property if the project did not proceed as per the approved plans.

9 Policy Review Committee - May 14 th, Page 9 Property Offer/Conditions Comments Recommendation 7 Beckwith That the Town purchase the adjacent property, 39 Beckwith, and then sell this property to the buyer for the purchase price, not to exceed $168,000. Town provides, at Town s expense, Record of Site Condition and an additional topographic survey for the property. Developer will meet residential parking requirements for this property. Town has already agreed to submit an offer for 39 Beckwith St. Specific conditions need to be drafted to include the re-sale of 39 Beckwith St to recover all of the Towns costs and to ensure the anticipated project does proceed. Town is already proceeding with the Record of Site Condition. A topographic survey of the property is a normal expense of development. All contributions to the development project should be consolidated into the sale price of the property ie no double dipping. Agreed That solicitor draft a condition whereby the sale of the property would not proceed until the developer has agreed to purchase 39 Beckwith Street at a price such that the Town recovers all costs and has received approval for the construction of a commercial building with 39 residential condo units on upper floors valued at $200,000 each on the assembled property acceptable to the Town and executed a Development Permit agreement and deposited all required security. If this condition is not fulfilled by May 30th 2014, the agreement is cancelled. Furthermore, the Town could re-purchase the assembled property if the project did not proceed as per the approved plans That the Town agree to provide the Record of Site Condition only. No condition required as it will be addressed in the Development Permit approval. The Town waives all parking requirements for the commercial portion of the project. Sufficient parking for commercial activities is available in the adjacent municipal parking lot. The value ($ 38,000) of this should be considered when establishing the purchase price for the property. Latest draft plan prepared by developer provides required parking on site. Details to be confirmed during review of concept plan.

10 Policy Review Committee - May 14 th, Page 10 Property Offer/Conditions Comments Recommendation Bridge That the buyer will have the right of first refusal for these properties, located on Bridge and Water Streets The Town is just now advertising this property for sale for the appraised value of $390,000. However, any development of this property would be very difficult unless the project also included the adjacent property. That no first right of approval be provided. Instead, when the Town advertises the property, that the ad include information making it clear that 15m along the river will be reserved for landscaping and public access and explaining that, at this time, the Town will only be considering offers that achieve the Town s goal of a significant commercial/residential project which is only possible by including adjacent property to the north. All Properties That site plan and design control requirements by the Town shall be fulfilled based upon concept drawings and not final architectural plans; At the April 24 th Industrial Initiatives meeting, the committee reviewed the Development Permit process The current system requires the developer to prepare detailed site and building plans that conform with the Development Permit Bylaw s requirements for site layout, drainage, parking, landscaping and architectural style. (Note requirements for site layout, drainage and parking are included in all zoning and site plan bylaws and common to all municipalities. The Town s Development Permit Bylaw also includes requirements for landscaping and architectural style and the need for approval of these components is not common in Ontario.) The projects included within this agreement are all significant to the Downtown area and hence, Council is considering direct support for the projects. Strict compliance with the intent of the Development Permit Bylaw is critical for projects significant enough to warrant direct support. With the current system, the final development plans are presented to the public for input and Council for approval. At this stage, the Developer has already been working with staff for some time to prepare plans which conform to the Development Permit Bylaw. Input is difficult to incorporate this late in the process and approval for a project which complies with the Town s Bylaw needs to be granted. That the projects on Beckwith St and Allan St be carefully designed to comply with the intent of the Development Permit Bylaw and used as a test case to evaluate a new process for Development Permit applications. The public and Council would be consulted for input early in the process (required level of detail on concept plans needs to be determined.) Following Council s endorsement of the concept plans, the Developer would complete detailed plans and, as they will comply with the intent of the Development Permit Bylaw, approval of the final plans would follow. In the future, a new process could be included in the Development Permit Bylaw but until the by-law is amended, the early input would be an extra step in the process. The Committee is recommending that a change to the process be considered whereby Council and the public would have an opportunity for input early in the process

11 Policy Review Committee - May 14 th, Page 11 Property Offer/Conditions Comments Recommendation All Properties The following commitments for the development of the properties identified form part of the Agreement of Purchase and Sale and if the Purchaser fails to meet the commitments it will be deemed a breach of the agreement Franktown Road - Spring 2013 Details regarding plans for this property are not included in the offer but supplementary information provided indicates plans are to add 6 residential units valued at $100,000 each to the site. That solicitor draft a condition requiring the developer to receive approval for the construction of 6 residential units valued at $100,00 each and executed a Development Permit agreement and deposited all required security. If this condition is not fulfilled by November 30 th, 2013, the agreement is cancelled. Allan/Charles Street - Spring 2014 Property dealt with above No need to identify in this portion of the Agreement Olympia Restaurant - Spring 2014 Details regarding plans for this property are not included in the offer but supplementary information provided indicates plans are to renovate the commercial space and add 8 residential units valued at $275,000 each to the site. That the developer receive approval for renovation of the front facade and the commercial space. 124 Moore Street - 12 months from acquisition from the Canadian Cooperative Wool Growers (CCWG) Details regarding plans for this property are not included in the offer but supplementary information provided indicates plans are to construct 50 residential units valued at $250,000 each on the site. However, the project cannot proceed unless the Developer is successful purchasing additional property from the adjacent owner. Also, environmental issues on the site may have to be resolved. That the Developer pursue the construction of 50 residential units valued at $250,000 each at 124 Moore Street Bridge Street - within 12 months of land title transfer; See above That the offer not include any reference to this property as it will be dealt with separately. 215 Bridge Street - in conjunction with the development; Details regarding plans for this property are not included in the offer but supplementary information provided indicates plans are to add 7 residential units valued at $400,000 each to the site. However, the project is not planned to proceed unless the Developer is successful purchasing property from the Town. Also, environmental issues on the site may have to be resolved. that the offer not include any reference to this property as it will be dealt with separately.

12 Policy Review Committee - May 14 th, Page 12 Property Offer/Conditions Comments Recommendation All Properties 84 Mill Street or earlier if absorption of residential components of above projects exceeds expectations. Details regarding plans for this property are not included in the offer but supplementary information provided indicates plans are to construct 50 residential units valued at $250,000 each to the site. However, the project is not planned to proceed until after other projects have been completed. Also, environmental issues on the site may have to be resolved. That the Developer pursue the construction of 50 residential units valued at $250,000 each at 84 Mill Street UPDATE 7 Staff will discuss potential counter offer with Developer. UPDATE 8 As directed on May 7 th, 2013, staff met with the Developer and discussed various aspects of the proposed projects and the potential for a counter offer. Staff recommended that the Developer consider submitting an entirely new offer as much had changed. However, in a phone call after the meeting, the Developer advised they would not be submitting a revised offer but instead asked that the Town respond to their offer submitted on April 21 st, The offer, submitted on April 21 st, 2013, included a number of conditions to which the Town has already responded. Three main issues remain: 1) Development Charges - as explained earlier, provincial law does not permit municipalities to exempt selected projects from fees. Development Charge exemptions should be discussed as a separate issue and approved only if they are equitably applied and will accomplish a desired goal. 2) Beckwith Street - The Beckwith Street Project, as proposed by the Developer, occupies two adjacent private properties as well as the Town property. The Town has submitted an offer for one of these private properties. However, the offer has not yet been accepted. Neither of the private property owners have agreed to sell or be part of the proposed project. The Town should not be creating offers for this project until these private properties are secured. 3) Allan Street - Staff and the Developer have now concluded it is not possible to fit the three 12 unit condo buildings, that they originally proposed, onto the consolidated property on Allan Street. Detailed discussion regarding the sale price for the property are premature until conceptual plans for the proposed project are available.

13 Policy Review Committee - May 14 th, Page Continued COMMENT The original presentation, by Volunder Thorbjornsson, was an exciting proposal for significant redevelopment of a number of properties in the Downtown including a number of private properties. Unfortunately, numerous issues remain to be resolved before the projects can proceed, namely: Allan St. Beckwith St. Project Issues - proposed project cannot fit on consolidated property; - proposed project involves two adjacent private properties and the owners have not agreed; 101 Bridge St. (Olympia) - structural/architectural analysis required to determine if residential units are feasible; 124 Moore St. (SRC) - Purchase of private property required for proposed project; Former Tim Hortons Repaint Thirsty Moose - No longer included by Developer; - No longer included by Developer; 210 Bridge St. - Developer expects Town to sell property for $1.00. Property has been appraised for $390,000 and the Town has not agreed to sell for $ Bridge St. - This is a future plan. No details provided; 84 Mill St. - This is a future plan. No details provided; STAFF RECOMMENDATION THAT Council determine if the area of the Downtown, exempt from the Development Charges, should be expanded and, if so, that the Development Charges issue be considered as a separate issue at a meeting with the topic identified to stakeholders. THAT Volunder Thorbjornsson be advised that the Town s due diligence analysis has shown that numerous issues need to be resolved before the projects described in the April 21 st, 2013 offer can seriously be considered and therefore the Town will not be accepting the April 21 st, 2013 offer. FURTHER THAT the Town remain committed to promoting development in the Downtown and encourages Volunder Thorbjornsson s group to resolve the outstanding issues for the various proposed projects. In the meantime, the Town will continue to explore development opportunities in the Downtown and consider all offers for the municipal properties identified for sale. COMMITTEE DECISION 1. Council decided that the appraisals for the Beckwith Street and Allan Street properties are to be made public. 2. THAT Council determine if the area of the Downtown, exempt from the Development Charges, should be expanded and, if so, that the Development Charges issue be considered as a separate issue at a meeting with the topic identified to stakeholders.

14 Policy Review Committee - May 14 th, Page Continued 3. THAT Volunder Thorbjornsson be advised that the Town s due diligence analysis has shown that numerous issues need to be resolved before the projects described in the April 21 st, 2013 offer can seriously be considered and therefore the Town will not be accepting the April 21 st, 2013 offer. 4. FURTHER THAT the Town remain committed to promoting development in the Downtown and encourages Volunder Thorbjornsson s group to resolve the outstanding issues for the various proposed projects. In the meantime, the Town will continue to explore development opportunities in the Downtown and consider all offers for the municipal properties identified for sale. RECORDED VOTE ON DECISION 3 AND 4 Councillor Antonakos Conflict Councillor Black Yea Councillor Flynn Nay Mayor LeBlanc Yea Councillor Probert Yea Deputy-Mayor Sonnenburg Yea Councillor Strike Yea CARRIED Received from Paul Knowles, Chief Administrative Officer Addressed to Policy Review Committee Date April 29 th, 2013 Topic Conflict of Interest SUMMARY Recently the Clerk attended a seminar where Ottawa s solicitor presented information regarding Conflict of Interest. A representative from MMAH could present similar mater to Council if desired. STAFF RECOMMENDATION THAT the Clerk arrange for a representative from MMAH to present information regarding conflict of interest to Council. COMMITTEE DECISION Receive and file Received from Lanark County Addressed to Paul Knowles, Chief Administrative Officer Date May 2013 Topic Updates SUMMARY Lanark County Tourism have requested to make a presentation to Council to update them on their plans for 2013 and how municipalities may participate. Also, the Warden and County CAO will provide a County update. STAFF RECOMMENDATION THAT Committee listen to Lanark County presentations. COMMITTEE DECISION Receive and file

15 Policy Review Committee - May 14 th, Page Received from Councillor Strike Addressed to Paul Knowles, Chief Administrative Officer Date May 9 th, 2013 Topic Moore House SUMMARY Councillor Strike notes that the renovations on Moore House were finished when this Council took over responsibility of the House in December He is wondering when Moore House will be open on a regular basis STAFF RECOMMENDATION To be discussed. COMMITTEE DECISION Verbal report was provided by Councillor Probert. A business plan is to be forthcoming. Receive and file Received from Paul Knowles, Chief Administrative Officer Addressed to Policy Review Committee Date May 8 th, 2013 Topic Closed Meetings SUMMARY As authorized by the Municipal Act, Council should review selected items in closed session. STAFF RECOMMENDATION THAT in accordance with Section 239 of the Municipal Act, S.O. 2001, that the meeting be closed to the public with the following agenda: AGENDA personal matters about an identifiable individual, including municipal or local board employees: a proposed or pending acquisition or disposition of land by the municipality or local board; COMMITTEE DECISION THAT in accordance with Section 239 of the Municipal Act, S.O. 2001, that the meeting be closed to the public with the following agenda: AGENDA personal matters about an identifiable individual, including municipal or local board employees: a proposed or pending acquisition or disposition of land by the municipality or local board; REPORT TO COUNCIL THAT Council hereby authorizes the Clerk to amend the Striking Committee Report to add Jim Kowbel to the Environmental Advisory Committee.

16 Policy Review Committee - May 14 th, Page Continued EXTEND BATES AVENUE SUMMARY Staff have now reviewed the survey information and the previously distributed sketch illustrates generally how Bates Avenue can be extended and the area developed. UPDATE 1 Staff have continued to investigate extending Bates Avenue and developing new Industrial property and a Public Works Yard. A previously distributed sketch showed how the area would develop and the various public works uses can be accommodated on the property. The Public Works Yard would be developed over a number of years. The area would be cleared and graded, berms constructed and pathways and trees around the perimeter installed early, so these could be used by the public and become mature before full development. Use as a snow dump and construction of storage could follow when required. Relocating the compost yard and Public Works Yard would be a future project. Extending Bates and servicing the area as shown on the sketch would cost approximately $1.33m. This cost needs to be shared by the three property owners UPE, Volunder Thorbjornsson and the Town. Potential Cost Sharing Owner Frontage Total Area Area Used/ Services Factored Area Recommended Cost Sharing UPE 280m 6.0Ac 6.0Ac 4.5Ac $600,000 $237,000 $384,000 $346,000 Thorbjornsson 120m 11.0Ac 11.0Ac 5.75Ac $258,000 $434,000 $704,000 $443,000 Town 220m 16.7Ac 3.8Ac 7.03Ac $472,000 $659,000 $242,000 $541,000 $340,000 $440,000 $550,000 TOTAL 620m 33.7Ac 20.8Ac 17.28Ac $1,330,000 $1,330,000 $1,330,000 $1,330,000 $1,330,000 UPDATE 2 Volunder Thorbjornsson has now secured the UPE property at the end of Bates Street and wishes to cooperate with the Town to pursue development of the area (see attached sketch). UPDATE 3 Previously the Town had worked with Volunder Thorbjornsson and prepared the concept plan for extending Bates Avenue to expand the North Business Park. This concept plan included considerable Employment Lands with the potential to construct 226,000 sq. ft of Industrial buildings.

17 Policy Review Committee - May 14 th, Page Continued Volunder Thorbjornsson wishes to have a significant portion of his property designated residential which would reduce the potential to construct Industrial buildings to 114,000 sq. ft. Furthermore, he intends to access and service a portion of his employment land from his existing development on Industrial Avenue, therefore, there will be less property to share the cost of extending Bates Avenue. UPDATE 4 The property transaction is now complete and the Town now owns property to extend Bates Avenue. It is sensible that the Town and the adjacent owner (Volunder Thorbjornsson) jointly engage an engineer to design the road extension and the adjacent development. STAFF RECOMMENDATION THAT staff obtain quotes from engineers to design the extension of Bates and site development of the adjacent properties and prepare a proposed Agreement to share the cost of the work with the adjacent owner. Bring forward. COMMITTEE DIRECTION THAT staff obtain quotes from engineers to design the extension of Bates and site development of the adjacent properties and prepare a proposed Agreement to share the cost of the work with the adjacent owner. Bring forward.