MEMORANDUM

Date: January 28, 2021

To: Council

From: Danielle Manton, City Clerk

Re: Items further to the January 28, 2021 Special Council Agenda

Delegations

1. Michelle Goodridge, re: 21-056 (CD) Preston Springs Site History re: Emergency Order

2. Karen Scott Booth, re: 21-056 (CD) Preston Springs Site History re: Emergency Order

3. Adam Disero, re: 21-056 (CD) Preston Springs Site History re: Emergency Order

4. Christine Rier, re: 21-056 (CD) Preston Springs Site History re: Emergency Order

5. Eric Haldenby, re: 21-056 (CD) Preston Springs Site History re: Emergency Order

6. Gary Greer, re: 21-056 (CD) Preston Springs Site History re: Emergency Order

7. Paul Robertson, re: 21-056 (CD) Preston Springs Site History re: Emergency Order

8. Jeffrey Shaver, re: 21-056 (CD) Preston Springs Site History re: Emergency Order

9. Tom Heatherington, re: 21-056 (CD) Preston Springs Site History re: Emergency Order

Presentation

1. Michelle Goodridge, re: 21-056 (CD) Preston Springs Site History PP. 4 - 11re: Emergency Order

Correspondence

1. Sandy Falkiner, re: 21-056 (CD) Preston Springs Site History P. 12re: Emergency Order

2. Devyn, re: 21-056 (CD) Preston Springs Site History P. 13re: Emergency Order

3. John Cann, re: 21-056 (CD) Preston Springs Site History P. 14re: Emergency Order

4. Patricia Thomas, re: 21-056 (CD) Preston Springs Site History P. 15 re: Emergency Order

5. Carol Thorman, re: 21-056 (CD) Preston Springs Site History P. 16re: Emergency Order

6. John Mitchell, re: 21-056 (CD) Preston Springs Site History PP. 17 - 18 re: Emergency Order

7. Mike Koehler, re: 21-056 (CD) Preston Springs Site History P. 19re: Emergency Order

8. Ed Heather, re: 21-056 (CD) Preston Springs Site History P. 20re: Emergency Order

9. Tina Bygrave, re: 21-056 (CD) Preston Springs Site History P. 21re: Emergency Order

10. Ken Tuckey, re: 21-056 (CD) Preston Springs Site History P. 22re: Emergency Order

11. Brenda Potter Phelan, re: 21-056 (CD) Preston Springs Site PP. 23 - 24 History re: Emergency Order

12. Carolin Diamond, re: 21-056 (CD) Preston Springs Site History P. 25 re: Emergency Order

Notice of Motion

1. Councillor Ligget – Preston Springs

Whereas the Preston Springs Hotel, a heritage designated building, was demolished inJanuary of this year under an Emergency Order;

And whereas this was a well-loved iconic community landmark;

And whereas citizenry of Cambridge and the heritage community feel bereft of such alandmark;

That in order to restore public trust and for the sake of transparency;

That an independent auditing company be contracted to embark on an external audit andcome back with recommendations so that the community may be assured its remainingheritage is valued, respected and protected;

And that such an audit encompasses how the loss of an exceptional heritage asset came to be.

And further that staff report back on costs associated to complete an external audit for Council’s approval.

Preston Springs HotelThursday January 28 2021

Michelle Goodridge4

Only the Beginning

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Errors and Omissions #1“The structure at 102 Fountain St. S. was in an advanced state of deterioration and was declared to be unsafe by the CBO in January 2020. Based on two independent structural engineer reports, the action called for – to remedy the unsafe condition – entailed demolition, which initiated processes under the Ontario Heritage Act to de-designate the building before demolition could occur.

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Page 10, Special Council Meeting No. 03-21, Agenda, January 28, 2021 - Preston Springs Site History re: Emergency Order - Dennis Purcell, Chief Building Officer

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Errors and Omissions #2“November 8, 2020 - The CBO conducted a site visit with a structural engineer for an updated status of the structure. The owner, the owner’s engineer were accompanied by two officers from Cambridge Fire Department at the site.

November 13, 2020 - A subsequent engineer’s report received by the CBO reiterated what was set out in the previous engineer’s reports, namely, the advanced state of deterioration of the building, its security challenges and a call for demolition of the structure.”

Page 6, Special Council Meeting No. 03-21, Agenda, January 28, 2021 - Preston Springs Site History re: Emergency Order - Dennis Purcell, Chief Building Officer

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Errors and Omissions #3

“December 2, 2020 – In consultation with the City Solicitor, the CBO received an external legal opinion supporting the CBO’s authority and ability to issue an Emergency Order. The opinion further clarified that while the preservation of heritage and the protection of public safety are both important societal goals, it was not the intent of the legislation to allow buildings to endanger the health and safety of people in an attempt to protect heritage.”

Page 6, Special Council Meeting No. 03-21, Agenda, January 28, 2021 - Preston Springs Site History re: Emergency Order - Dennis Purcell, Chief Building Officer

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Errors and Omissions #4“A handful of vocal protestors attended the site. Later that morning one of the protestors showed the CBO on their phone a document they claimed was an injunction. The document was emailed to the CBO. It was a court endorsement (not a formal injunction) obtained on an ex parte(without notice) basis. Legal advice was provided that the CBO in good faith should halt further demolition until the situation was clarified. The court endorsement indicated an interim injunction (in effect until January 8,2021) would be granted subject to the ACO providing an undertaking as to damages and submitting a sworn affidavit. The City’s external solicitors contacted legal counsel for the ACO requesting a case conference before the judge who had issued the endorsement. Before the case conference could be arranged, the ACO solicitor notified the court that the application of the injunction would be withdrawn and abandoned. Demolition continued later that afternoon.”

Page 7, Special Council Meeting No. 03-21, Agenda, January 28, 2021 - Preston Springs Site History re: Emergency Order - Dennis Purcell, Chief Building Officer 9

Safety Concern: Asbestos

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Hello and thank you for this opportunity to share my concerns regarding the recent and, in my opinion, tragic felling of the beloved Preston Springs. Born and raised here, I was privileged enough to grow up around the Grand and Speed Rivers with all of it’s surrounding architectural and historical beauties. Back then I was too young to appreciate the value of this history and the need to preserve it. Myself and other members of our community watched in shock and horror as the Preston Springs slowly and breathtakingly and stubbornly came to her knees in a matter of days. The shock reverberated throughout our community like a wave of grief and disbelief. We all know that the demise of Preston Springs was likely forthcoming, or at the very least, parts of her were too far gone to salvage. But many of us believe that there was possibility for some restoration of some sections of this historical beauty. We all know that multiple owners and multiple minimum property standard orders were issued over the many years that she stood waiting for restoration and care. What became of those orders clearly lays at the bottom of the rubble of the Preston Springs; nothing. My questions for council are as follows:

1. Over the years, how many minimum property standard orders were issued to the owners of Preston Springs, and why does it seem that they were never enforced?

2. It was my understanding that council and the CBO had agreed to wait until April 2021 to hear back from ACO Cambridge with regards to the demolition of Preston Springs. What happened that caused the CBO to override that decision and use his powers to demolish the building?

3. I believe that the large-scale operation of such a demolition that would involve regional and city road closures would take some time to organize and implement. How is it that, within days of our community hearing about the “turnabout” that the construction crew was already onsite with permits in hand and preparing for demolition? When was this plan actually implemented?

4. Because of the depth of historical meaning to this community, does council not understand that the timing feels suspect to many of us? The fact that the order was given on Christmas Eve and on the eve of a provincial pandemic lockdown with little opportunity for the community to respond surely should cause some to raise an eyebrow. Why did council not make some sort of emergency announcement in response to the community outcry when they were advised the Springs was coming down? I can tell you that there was a feeling of abandonment because of this lack of communication.

5. Yes, many people say the Preston Springs was a costly dream that should be forgotten. I cannot forget and no one should. I would like to see council do a full investigation as to how and why this beauty was levelled, and I would like to know if and when council will pursue stronger measures to ensure that this series of unfortunate events does not happen again?

We are a fortunate community with treasures that others seek to duplicate in their towns. Let’s hope that in our hurry to grow that we do not forget or devalue our roots. Thank you, Sandy Falkiner

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Good evening, I am writing in regards to the recent news release marking the demolition of the Preston Springs Hotel due to safety concerns. It is totally agreed safety is paramount. What is questionable is that this is being pushed through over the holidays on Christmas Eve and as we head into a Provincial lockdown rather than wait until the April 2021 assessment and process completion. The City may be within its rights to use the emergency order, however the City should be following the process and insisting the owner Haastown safely secure the building until the process is complete in April, fully respecting the process and ensuring community safety. City Council voted not to demolish on November 3, 2020 not even two months ago and now all of the sudden this is an emergency. This has not been an emergency for 30 years. This is a prime example of demolition by neglect and the hotel has been left to deteriorate. Far too often these heritage structures are just boarded up and left to rot supporting developers plans. Although Cambridge has won some heritage awards, the handling of Preston Springs Hotel is a clear example where the process needs to be revisited with stricter enforcement on the property owners and better property upkeep. There needs to be more respect for the process. What is the point of having a heritage designation if it can be circumvented? Please reconsider your reactive decision by having the building safely secured until the Province can complete the assessment in April. Regards, Devyn

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Dear City Manager, The demolition of Preston Springs is a classic example of demolition by neglect. The chief building officer is tasked to enforce standards and the heritage bylaw. Owners that buy a designated building do so knowing full well the responsibility that goes with it. The chief building officer has failed to hold the owner to his responsibilities. He, the chief building officer should be held responsible for the dismal performance of duties. I am the owner of a heritage property. Is there a separate set of rules for developers than home owners? We shall see. thanks John Cann

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• The Preston Springs Hotel previously known as The Del Monte Hotel

In 1888, the Del Monte Hotel opened for business, together with new electric railway service to Galt and Preston. And now, at a time where there is to be the introduction of a new Light Rail Transit system, demolition, and not transformation is the outcome of this heritage site.

For the last 30 years this majestic old building has stood empty and idle while one person after another has tried to bring it back to life to no avail. When it comes to dollars and cents, profit driven ideologies were not feasible.

Many knew that the only way to save this iconic building was to come up with a plan to give it purpose and meaning. Costs needed to be further curtailed, while offering opportunities that would continue the gift of giving, similar to the historic mineral baths and tranquil settings did for travelers far and wide.

It allowed thoughts and ideas to formulate and below is one of the many that can work to help save the history of our city:

1. Creation of a Mental Health Support system centre to be utilized as a form of respite, counselling centre for those who have or are experiencing trauma/PTSD, a place where those suffering can seek relief from the everyday reminders that are leading to crisis proportions of PTSD and soaring suicide rates

2. Approach Canadian builder/contractor, businessman, investor, television host and philanthropist Mike Holmes to see if he would be interested to oversee such a project

3. Involvement of University of Waterloo School of Architecture students that could further provide school credits as part of their curriculum

4. Trades workers, apprentices, volunteers to provide pro bono work, in remembrance of friends, family members, loved ones, of our veterans, front line workers/first responders

5. Advocate fund raising initiatives to obtain corporate and public donations to cover costs that will offset all additional expenses that come from restoration of a historical building in need of extra rehabilitation

• 6. Portraits of Honour, an already established foundation, could set up a well needed museum, and which could offer revenue potential through fundraising, grants, educational classes and tours

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Dear Mayor McGarry and Council:

While not a decision by council, but under order of the CBO, the “Emergency “ demolition order for Preston Springs Garden on Christmas Eve, at the onset of another pandemic lockdown is more than a little suspect. The same staff member that issued the order has failed to to enforce the most basic minimum property standards at that property despite prolonged public complaints for several years. He had many opportunities to compel the owner to remedy deficiencies but has not.

As recently as at a November council meeting he was in agreement that the final outcome of the building could wait for the appeal process to run its course. Suddenly, with no prior warning he declares that the building poses immediate danger and gives no example of what changed since November. This was despite more recent engineering reports obtained by ACO, which dispute his contention of immediate collapse concerns.

As far back as when the hoarding was ordered, he had identified several areas of concern including holes in the floor and yet gave the owner the opportunity to fix them OR simply hide them behind hoarding . Over many years, prevention orders were never initiated despite several security breaches and no formal plan by the property owner to maintain security around the building was ever initiated. Anyone driving by can see the paths worn by trespassers! Often the front door was wide open for days on end. The fire damaged adjacent property is still not secured months later and there is evidence of trespassing there as well.

If council is serious about heritage designation in this city, all efforts need to be made to have an open and transparent process. I urge you to allow the ACO challenge to be completed before the fate of this building is decided especially since council has already refused to remove the heritage designation until then. In the meantime, hold the property owner to the same standards as every other property owner in the city.

To allow this demolition sets a very dangerous precedent regarding heritage buildings in our community.

Carol Thorman

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I wouldn’t go tooting your horn about the “Investments in City-owned heritage buildings” if I was you. Seventy one point three percentof your investment is focused in the Galt area, and 63.3 % was spent on one building. The only investment in the Preston area of the city was the Riverside Park Dam, and that wouldn’t have been saved if it wasn’t for the community outcry. I that same period you did nothing to save the house on the Cherry Taylor Flour Mill property. Other losses during that same period included both Grandview and St. Clements schools.

On page 6 of the report; “The CBO described the building as an immediate threat to public safety…” Ten years ago, city staff issued a report that the Riverside Park Dam was in imminent danger of collapse. Yet the dam still stands. This alone raises questions about the accuracy of the CBO’s report. Had the community not come forward to save the dam, another historic asset and beautiful millpond would have been lost. Saving the dam was not an easy task. Throughout the process, both city staff and consultants were

. Is it, therefore, any wonder, the actions of the CBO are questionable at this time? Also on page 6 of the report; “The owner intended to appeal the decision of Council to the Local Planning Appeal Tribunal (LPAT).” This raises the question, was the CBO’s emergency order a means of sidestepping The City Council and fulfilling the owner’s wishes? Photo and video evidence shows the entire back wall on the west end of the building was open. Other points of entry were also available to would-be trespassers. In light of multiple orders to secure the building, why did the city not take action and seize the property and secure it as this was a designated heritage asset of the City of Cambridge (Town of Preston)? Were city staff and council negligent in their duties to protect the architectural asset of the City of Cambridge? Knowing full well that only a portion of the Preston Springs was designated as heritage, why was that section the first to be torn down? These are only a few of the many, many questions that need to be answered.

Perhaps Councillor Mann, with his police background, could enlighten the rest of council why the SIU (Special Investigations Unit) was formed in 1990 when the police could no longer be trusted to investigate themselves. He could probably enlighten you as to how the situation back then relates to the dilemma facing the Corporation of the City of Cambridge now. The only way you can save face is a full and complete investigation by an outside independent party. DO THE RIGHT THING!

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John Mitchell Photography

I Capture Personalities

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Good evening Mayor. Merry Christmas to you and your family. I'd like to write you and express my disgust in how the City has handled the Preston Springs Hotel saga. To issue an emergency order to demolish on Christmas Eve when no one is given a chance to question or challenge the order

The people of Cambridge are very disappointed in this decision. It is my understanding that you and your staff are elected to work for the people of this great city so may I ask you please delay this decision until the new year so all the facts can be tabled and not such a hastily decision be made at such an inopportune time. Thank you for your time. I look forward to hearing from you. Mike Koehler

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Dear Mayor and Council

I have read the report from the CBO, and I don't agree it goes back far enough. For several years the community has complained about lack of property standards. An independent enquiry is the only way to determine why this building fell into such an neglected state despite a number of bylaws and measures that should have prevented it. Bylaws are only as good as the enforcement behind them. Too many councils and staff were complicit in unnecessary neglect resulting in this demolition. Our community deserves a full and transparent inquiry so this travesty should never be repeated.

I ask that my comments are included of part of the public record.

Ed Heather

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To: Madam Mayor and council members, In regard to the special council meeting Thurs. Jan. 28 discussing the Preston Springs, I would like to voice some of my concerns. The timing of the demolition order on Dec 24 was surprising. After the recent council meeting in Nov we thought there was time before a final decision was made and the statement issued by the city really fell short of addressing a number of concerns. Residents tried to reach out to the CBO and elected representatives but they were met with out of office alerts and no one was available to answer queries. To make matters worse, two members of council claimed they were not informed of a generic email reply that came from "Mayor and Council"! These are some of the issues that led to concerns about the city's leadership and a great deal of speculation, which may have been avoided, with better communication at the onset. I understand this was the CBO’s ultimate decision but I do believe that the magnitude of the order warranted greater attention from Mayor and council. The owner’s lack of maintaining the minimum property standards and the city’s lack of enforcement for many years has led to demolition by neglect - deterioration of the building to the extent that it creates or permits a hazardous or unsafe condition. Can you please address how many property standard orders were issued by the city's property standards officer and if Haastown was non-compliant, were there penalties? Also, aside from the demolition bill, what costs incurred by the city in order to protect public safety will be billed to the property owner? Most importantly and especially in the case of heritage properties, how will the city ensure this won't happen again? The Preston Springs was truly an iconic building, world renowned and unlike any other property in the city! What a terrible loss! Looking forward, I am hoping for a very productive meeting Thurs and hoping that council will set in motion some real workable ideas to prevent a loss like this in the future. Sincerely, Tina Bygrave Fountain St S resident

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Dear Mayor and Councillors, The timing and process leading up to the demolition of the Preston Springs Hotel is highly questionable. It has been described as a 'staged emergency' during a holiday and pandemic, timed, so any attempt for an organized response would be constrained. If this is true, then mission accomplished. Now the many 'unintended consequences' of these actions, including the disrespect afforded the ACO and concerned citizens, remain to be answered. Mayor McGarry has recently clarified that the CBO, City Solicitor, City Manager and other Staff members developed the demolition plan in secrecy from her as Mayor and you as Council. It is difficult to comprehend the utter lack of professionalism this conveys. Based on the published timeline, the final portion of the demolition plan was conceived in secret from December 2nd to December 23rd 2020. The CBO then called a 'courtesy meeting' (courtesy?) with Council at the eleventh hour on December 23rd, just prior to the holiday shutdown, during a pandemic to finally advise the Mayor and Council of his plan. Subsequent to this meeting, the Mayor seemingly went directly into hiding until January 6th, emerging only after being called out repeatedly by Mike Farwell on 570 News - to deflect and placate as credibility and political damage was mounting. So, today as the Mayor chairs a 'Special Meeting of Council' and faces you her peers, the 'elephant in the room' has evolved to our leadership at City Hall and good governance. As elected officials, to condone this type of behaviour by City leadership and Staff, you have effectively eroded the foundation of public trust as the prerequisite for Good Governance. Accordingly, may I suggest an in-camera session may be more appropriate for discussing the dysfunction at City Hall... including the lack of elected oversight, leadership, communication and accountability. Regardless of your position on the developer and demise of the Preston Springs... if the end has justified the means, then democracy has suffered. The Citizens of Cambridge you were elected to serve - deserve better. Sincerely, Ken Tuckey Ward 8

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January 27, 2021

Open letter to City of Cambridge Council

Reference: Special Council Meeting-January 28/2021 relating to Preston Springs

Just when we thought that 2020 could not get any worse, the Christmas surprise served up by the City of Cambridge in the form of the demolition of Preston Springs Hotel wrapped a bow around the year. After more than 20 years of neglect this Christmas decision mid pandemic, during a lockdown will be remembered forever and remain a black mark on the City of Cambridge for may years to come, not just for those of us who reside in Cambridge but for those across Ontario who respect and encourage the preservation and conservation of heritage properties. On the upside, it is the probably the best Christmas gift that the developers, Paul de Haas and the Haastown Group could have hoped for.

In fairness, the future of Preston Springs has been much in question for many years. Citizens of Cambridge may or may not agree on whether or not Preston Springs was worth saving or could have been saved. However, I would suggest that a good majority of citizens will agree that given the iconic historic and sentimental value of the building, there has been an appalling lack of respect, transparency, and communication to residents about why suddenly, after a secret meeting with council on the 23rd of December, an emergency order for demolition was issued by the CBO.

To make matters worse, council members refused to communicate or discuss the matter for a week or more. And now, weeks later, citizens and taxpayers like our family, are left with frustration, anger, and many questions about the demolition of this historic landmark. I have many questions, but I will narrow it down to 5 specific questions that I would like to be answered at the Special Council meeting of Thursday January 28th:

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1. Were all applicable bylaws enforced with respect to this building leading up to

the emergency order issued on December 24th? 2. What measures were taken to make the current owner responsible for

securing and ensuring the safety of the building given that there is an obligation for a property owner to maintain a building in good repair?

3. In the November 2020 council meeting the CBO stated that the building would be safe until at least April 2021 when the heritage designation would be reviewed. And yet, it appears that 5 (?) days later the CBO was back on-site doing another inspection. What or who compelled him to do so and start the process for an emergency order?

4. Were any orders for remedial action served on the owners to take steps necessary to render the building safe and secure prior to the demolition

5. Did the City during the Council meeting on the 23rd of December not make note of some of the historic elements of the hotel that would be deemed worth saving like the tower? As I understand it, a request was made onsite for certain pieces to be recovered but they were refused

I hope that the council meeting will help answer these questions which are of concern to myself and many other Cambridge taxpayers. The Preston Springs Hotel deserved more respect but now has become another example of demolition by neglect and maybe that was the intent by the current owners all along. It was an ugly and sad end to a once magnificent building and landmark for this City.

Brenda Potter Phelan –

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In good faith I followed the actions being taken to retain the Preston Springs Hotel. The demolition of the building requires an external inquiry. The council and city staff are not living up to the expectations of this community or ensuring that the character and heritage of the city which is at the core of it's key value and potential for a bright and prosperous future are maintained. We owe it to this beautiful city to ensure the character buildings are retained. Continuing to build in a design similar to every other city in this world will lead to the inevitable status of simply being urban sprawl for the GTA. We owe ourselves more than that. We owe the future citizens of Cambridge more than that.

This email was sent to you by Carolin Diamond through https://www.cambridge.ca.

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