Collingwood strikes deal to protect Silver Creek wetlands

By MORGAN IAN ADAMS Collingwood Enterprise Bulletin October 8 2010
After a nearly decade-long fight to save it from development, the Town of Collingwood will be getting a sizable chunk of the Silver Creek wetlands.
This morning, Mayor Chris Carrier announced a deal had been struck with the land owner for more than 190 acres — and if all goes well, it shouldn’t cost the municipality a cent.

All that remains, said Carrier, is for the “i’s to be dotted and the t’s to be crossed”; the matter is still before the Ontario Municipal Board for a mediated settlement.
Ownership of the property will be transferred to the municipality at no cost, though Carrier noted the municipality had a significant amount invested in long-running fight at the Ontario Municipal Board and in several court battles.
“I would suggest there has been a physical and emotional cost to this,” said the mayor, adding those costs can be balanced with the desire to protect the remaining coastal wetland on southern Georgian Bay.
In late 2001, the Blue Mountain Watershed Trust approached the town after developers proposed to build a residential and golf course project. In 2002, the town passed an interim control bylaw to prevent golf course development in environmentally-protected areas.
The developers — Consulate Developments and Joia Investments — challenged the bylaw, but it was upheld at the Ontario Municipal Board.
The Ontario Superior Court also upheld the judgment of the OMB after the developers asked for leave to appeal. In 2008, town council served notice to the property owner of the intent to expropriate the property, after the two sides failed to come to an agreement on how much land should be protected. At the time, Consulate had offered 40 acres of the most environmentally- sensitive lands.
The town’s efforts, said Carrier, “have been done in good faith, in the public trust.
“This is a significant achievement,” he said, noting while the municipality welcomes development application, “they must be balanced with the public interest.”
Watershed trust representative Don Kerr applauded the announcement, and choked up as the mayor turned to him for his comments.
“I didn’t anticipate be so emotional, but this is a fantastic result,” said Kerr.
The Trust had committed to raise $100,000 to financially assist the town in any expropriation proceeding. However, while that’s not necessary now, Kerr said money is still needed to develop a management plan for the spotted turtle, an endangered species that calls the wetland home, as well as look at a potential trail system. The Trust is also looking at a challenge of a residential and commercial proposal on the other side of the municipal boundary, within the wetland area in the Blue Mountains.
He said the Trust spent about $20,000 in order to have expert planning representation at the Ontario Municipal Board for the Consulate proposal.
And while he would have preferred the entire 200-plus acres be protected, “This is the best possible result.”
Carrier anticipated the final settlement agreement should be negotiated over the next three or four months. A final survey of the lands to be protected will also be included in that settlement.
Councillor Mike Edwards, who was on hand for this morning’s announcement, said it was the best possible result. Edwards had expressed a concern in 2008 about the town launching into an expropriation process, and what that could potentially cost the taxpayer.
“When you don’t know the costs of expropriation, you have to look on the side of caution,” he said. “But, it’s fantastic that it turned out this way.”