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Stalemate over Cranberry

Posted by ianadmin  , 22 October 2009 - 05:37 PM

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It seemed such a simple thing. Cranberry Resort wanted to extend its liquor licence so guests at the Bear Estate could go outside with a drink. Not to roam everywhere; the space was limited to a small area adjacent to the back of the building. Seems logical enough: on a nice summer afternoon, why would people at, say, a wedding, want to be indoors when beautiful Collingwood beckons just outside?

It wasn't an expansion of the activity space - the site plan agreement demands all events have to take place indoors, with the doors shut. That constraint was written in response to neighbour complaints about noise. This would just be a place for guests to get some fresh air, maybe smoke if they wanted, mingle, and converse. The doors would still be closed.

It wasn't a space to serve alcohol, either. Just a place outdoors for guests to get away from the crowd and enjoy a drink in the open air. Maybe watch the sunset, or gaze across the bay to the elevators. The motion called for it to be available only from noon* until 8 p.m., too, so it wouldn't mean a large group of people outdoors, late at night.

And it wouldn't mean an increase in the number of guests, either. This is an ancillary use to the existing conditions, not an added use, so the fire regulations would continue to govern the number of people allowed in the building (220 or 200, depending on type of food service).

Council was asked to support the application for an extended liquor licence, made to the Alcohol & Gaming Commission of Ontario.

For me it was straightforward: supporting local business and trying to encourage economic viability.

Cranberry Resort depends on customers, and rents space in the Bear Estate for events, such as weddings. Having a small, licensed, amenity space outdoors, adjacent to the property would make it more customer-friendly and, I expect, more attractive to potential users. It might be the difference between someone holding an event in Collingwood and at Blue Mountain.

The motion was conditional on Cranberry living up to several covenants, including an approved site plan agreement, and the existing occupancy limits. For me, it seemed a small step to help one of our largest employers, and one of our most popular destinations, to provide a better, more competitive service. But others at the table felt quite different about it.

The motion read:

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RECOMMENDING THAT Council supports the Liquor Licence Application made by Law
Cranberry Resorts (Bear Estate) for the outdoor area provided the following conditions are met:
  • The Applicant applies for an amendment to the Site Plan Control Agreement to address, but not be limited to, the following: defined patio/serviced area, updated acoustical study, parking requirements and lighting all to the satisfaction and approval of Town Council;
  • The appropriate capacities are established and approved by the Collingwood Fire Service; and
  • Liquor service and/or consumption of alcohol outdoors be limited to between the hours of 12noon and 8pm.

As Councillor Labelle somewhat wryly pointed out, Cranberry has a lot of restrictions on noise and activities, including this motion that proposed an end to outside alcohol consumption at 8 p.m. But neighbours - and any town event - can continue to party until 11 before any bylaw kicks in to curtail them.

Recognizing the neighbours' concerns about potential noise, Cranberry agreed to the time restrictions, limiting its potential but being a good neighbour. As the staff report noted:

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Presently, the Law Cranberry Resort Bear Estate (herein referred to as the "Bear Estate") Liquor Licence only permits the sales and consumption of alcohol within the building. Mr. Larry Law has approached senior staff with regard to this request.
Mr. Law has further indicated that if the outdoor licence was not supported, he would consider a restricted or conditional approval to permit liquor sales during certain timeframes (ie. Noon to 8:00pm) to ensure that any potential noise that may arise from liquor consumption after 8pm is mitigated to little or no impact to the neighbouring property owners. As the primary use of the facility is for weddings, these hours would accommodate toasting to a wedding party on summer afternoons and evenings.

But some of my colleagues didn't see it that way. Councillor McNabb argued that this was the thin edge of the wedge and if we supported this application, it would lead to open bar service, then live music and who knows what sort of activity (perhaps he was worried that a wedding might devolve into some sort of bacchanalia a la Animal House's toga party...).

The Deputy Mayor had declared a conflict of interest on this, so only eight of us voted. Four in favour (Edwards, Sandberg, Labelle and myself), four against (Carrier, Jeffrey, Foley,McNabb). In municipal politics, a tie means the motion is defeated. A blow, of course, to a local business trying to compete in a very challenging market (during a recession), but we've not been a terribly business-friendly** council to date, so no surprises*** there.

A second motion was then presented by the opponents:

Quote

THAT Council does not support the Liquor Licence Application made by Law Cranberry Resorts (Bear Estate) for the outdoor area as it is not in compliance with the currently approved Site Plan Agreement.

Of course, that too was defeated because the vote was the same: 4-4 (just the sides reversed). But where does that leave Cranberry? Stalemated by an unsupportive council.

So what happens next? Cranberry will still apply to the AGCO for an extension of its licence, without town support. All the AGCO will get from the town is a letter - not showing support, but expressing the concerns raised at the meeting and requesting more information about the application under the Freedom of Information Act. I doubt the arguments made in favour of the application were included, merely the concerns.

Which all makes me think the 'nays' will win this one.

~~~~~
* Actually, the motion reads from "12 noon" - which, as I pointed out, is a redundancy. Noon is only 12 p.m. You can't have a "1 noon" or an "11 noon." The proper form is noon or 12 p.m., but both together is like saying "ATM machine" or "HIV virus".
** Think of all the decisions we've made this term that have been negative towards business and development this term: repealling the permits for the Admiral Collingwood development downtown, hiking development charges in a recession, the nuisance/noise/odour charges against Collingwood Ethanol, reducing the speed limit on Highway 26 without consulting a single local business or transportation company; and recommending an increase in downtown parking costs and parking-in-lieu charges. Plus there's the approval of 500,000-plus sq. feet of west-end commercial sprawl that will be a significant blow against downtown merchants.
*** Perhaps the only surprise is that Sandberg and Edwards voted against the mayor, which is unusual.

Filed in Cranberry Resort, liquor licence, municipal madness, council, Collingwood



6 Comments On This Entry

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ilovemycat 

24 October 2009 - 11:45 PM
It is my impression that Mike is a very independent thinker. He has disagreed with the mayor often. I can recall Mike being against the Cinema 4 purchase, against the millions being spent on unneeded roundabouts, and against moving the library. He also voted against halting construction of Admiral Collingwood Place. Because of those stands, I will vote for him no matter what position he seeks in the next election. I find the mayor to be very rude to Mike at times. The exchange about the inappropriate letter which was written by Dunbar was unworthy of the council table. Chrissy interrupted and argued with Mike. It seems to me each councillor has the right to voice an opinion without interruption.

Scoop 

25 October 2009 - 07:31 AM
Actually, Cat, I believe Mike voted with the mayor on the Admiral Collingwood Place decision... He also supported the mayor on the hundreds of thousands of dollars spent on lawyers for the education development charge fight...

As to Cranberry, Ian neglected to mention the insinuations as to the perceived intent of Cranberry management and Larry Law; had council not been protected by privilege, if I were Larry I'd be on the phone to my lawyer...

haggle 

25 October 2009 - 03:02 PM
Yes, before we get carried away in our praise for individual councilors, we should remember that we are within a year of the next election! I notice some activity already. Was that a letter from Wendy Mackenzie in the paper last week? Mike is quickly establishing himself as the 'fiscally responsible' option. Good for him. I think he will be very successful, whichever post he decides to run for.

One of the things that surprised me about Carrier is his tendency towards a tax/spend/deficit approach to local government. That, and his business-unfriendly stance. Strangely, this from a staunch conservative who (shamefully) uses his position as mayor to endorse our local federal conservative candidate, and even her inglorious husband: "They [Edmonton Strathcona voters] lost a very competent Member of Parliament".

Anyway, I think Carrier's endorsement has more to do with maintaining his local allegiances than with any real conviction that Guergis is an excellent minister (even he isn't that stupid).

We have certainly not heard the last of the outrageous spending on the roundabouts. When this got passed a few months ago, Ian, you posted an explanation on your blog. I have to confess that I didn't understand it. Something about being committed to a property purchase. Sounds like a monumental f**k up to me. Don't get me wrong. At least you had the guts to try and explain it to the public via the medium of your blog.

ilovemycat 

25 October 2009 - 04:15 PM
Scoop, are you sure about Mike's stand on Admiral Place? I thought the mayor's motion was voted against by Mike, Ian, Dave and Sandra. The archives don't go far enough back for me to check. However, I will for sure check since that is a deal-breaker for me.
I was at a meeting last week and it was pretty much agreed that Mike is one of the few fiscally responsible councilors.

ianadmin 

26 October 2009 - 07:52 AM

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Scoop, are you sure about Mike's stand on Admiral Place? I thought the mayor's motion was voted against by Mike, Ian, Dave and Sandra. The archives don't go far enough back for me to check. However, I will for sure check since that is a deal-breaker for me.
I was at a meeting last week and it was pretty much agreed that Mike is one of the few fiscally responsible councilors.

I have asked the clerk to clarify, but I believe Scoop is correct. I recall it as 6-3, not 5-4. I will post the response here.

While I don't want to disparage a fellow councillor, I have to interject: it's easy to simply say no to everything that costs money. That doesn't make a person "fiscally responsible." Everybody on council has said no to something this term. What matters more are the reasons for saying yes or no. Sometimes it makes more financial sense to say "yes" - when we have a rare opportunity to get provincial or federal money to pay for a large portion of the project, for example.

I have to apologize: I accidentally deleted your origianl post when I was copying it for a reply. I was only able to restore the above. Please post the remainder. Again, my apologies. Here is my reply:

I brought up the downtown problems and comments from merchants last Monday and asked the CAO to bring them up to department heads. I trust we'll find out more tonight and get some interim relief.

ianadmin 

26 October 2009 - 10:25 AM

ianadmin, on 26 October 2009 - 08:52 AM, said:

I have asked the clerk to clarify, but I believe Scoop is correct. I recall it as 6-3, not 5-4. I will post the response here.

Just got the response from the clerk: it was a recoded vote of 5-3.
For:
  • Carrier,
  • McNabb,
  • Edwards,
  • Foley,
  • Jeffrey.

Against:
  • Cooper,
  • Labelle,
  • Chadwick.

Councillor Sandberg declared a conflict.

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