M I N U T E S

COMMITTEE OF THE WHOLE

2006-06-27

Canada Room

 

Attendance   Mayor D. Cousens Deputy MayorF. Scarpitti (4:40 p.m.) Regional Councillor J. Heath Regional Councillor J. Jones Regional CouncillorB. O'Donnell Councillor S. Daurio Councillor E. Shapero Councillor J. Virgilio (5:15 p.m.) Councillor G. McKelvey Councillor J. Webster Councillor D. Horchik (4:50 p.m.) Councillor K. Usman (7:30 p.m.) Councillor A. Chiu

J. Livey, Chief Administrative Officer C. Conrad, Town Solicitor J. Sales, Commissioner of Community & Fire Services A. Taylor, Commissioner of Corporate Services J. Baird, Commissioner of Development Services B. Cribbett, Treasurer S. Birrell, Town Clerk V. Shuttleworth, Director of Planning & Urban Design K. Kitteringham, Deputy Clerk A. Brown, Director of Engineering A. Arbuckle, Manager of Infrastructure & Capital Works D. Taylor, Manager, Executive Operations M. Visser, Mger of Strategy, Innovation & Investment L. Fernendes, Senior Capital Works Engineer S. Chait, Director of Economic Development A. Seabrooke, Director, Strategic Services J. Carnegie, Director, Corporate Communications M. Rebane, Manager, Corporate Communication V. McGrath, Manager, Environmental Leadership R. Kendall, Senior Project Coordinator D. Miller, Senior Planner B. Nanninga, Executive Assistant B. Wiles, Manager, Enforcement and Licensing J. Wong, Technology Support Specialist

 

 

The Committee of the Whole meeting convened at the hour of 4:30 p.m. with Mayor D. Cousens in the Chair.

 

 

1.         MARKHAM ENVIRONMENTAL SUSTAINABILITY
            FUND (MESF) APPLICATION FORM REVISIONS (3.0, 16.0)

            Report   Financial Template   Application Form

 

Frank Vetere, Hunt Club Condominium Corporation, The Hunt Club, 610 Bullock Drive, Markham, was in attendance and spoke in favour of Council endorsing the Club’s project application for $10,000.  He indicated his concurrence with the conditions of funding under the Markham Environmental Sustainability Fund.

 

Moved by Regional Councillor J. Jones

Seconded by Regional Councillor B. O’Donnell

 

That the staff report titled Markham Environmental Sustainability Fund (MESF) Application Form Revisions, dated May 1, 2006, be received;

 

And that Council approve the revisions to the MESF application form and guide to preclude private benefits only, as outlined in this report;

 

And that Council approve the project application made by the Hunt Club in the amount of $10,000, as evaluated and recommended by staff and as outlined in this report, to be funded from the Markham Environmental Sustainability Fund Account #87 2800168, subject to the following conditions:

 

1.         The Hunt Club agrees to partner with the Town of Markham on three Markham Energy Conservation Office (MECO) initiatives, namely the Energy and Environmental Management System, the Better buildings Partnership and the Advancing High Performance Buildings program;

 

2.         The Hunt Club agrees to provide all the historical (data from prior to the installation of the high efficiency boilers to the present) and future energy data necessary, including hydro, water and gas, to participate in the aforementioned MECO programs;

 

3.         The Hunt Club agrees that the Town of Markham will be entitled to the greenhouse gas credits attributed to the investment in the energy efficient boilers;

 

4.         The Hunt Club agrees to promote energy efficiency and the MESF to other condominium corporations within the Town of Markham, by hosting a workshop at the Hunt Club and demonstrating the energy efficiency initiatives underway at the Hunt Club, including the new boilers;

 

5.         The Hunt Club agrees to promote the MESF and MECO in all communications associated with the Energy Retrofit Assistance Proposal, including any communications to other levels of government related to this project and to the Hunt Club residents.

 

Carried

 

 

 

2.         CANADIAN SPORT INSTITUTE ONTARIO (6.0)

             Letter

 

Moved by Deputy Mayor Scarpitti

Seconded by Regional Councillor B. O’Donnell

 

That the following recommendation be deferred to the subsequent Council meeting on this same date:

 

“That the letter dated June 23, 2006 from the Canadian Sport Institute, Ontario be received;

 

And that council establish a Steering Committee consisting of three to five members of Council to undertake a Feasibility Study of the proposal received from the Canadian Sport Institute, Ontario to determine if it is in Markham’s best interests to participate;

 

And that the following Council members be appointed to the Steering Committee;

 

a.      Mayor                                Don Cousens

b.      Deputy Mayor                    Frank Scarpitti

c.      Regional Councillor             Jim Jones (Chair)

d.      Ward 8 Councillor              Alex Chiu

e.      Ward 7 Councillor              Khalid Usman

f.       Ward 3 Councillor              Joe Virgilio

 

And that the Steering Committee be directed to complete the Feasibility Study and Report back to Council with recommendations in September 2006;

 

And that the Steering Committee working with the Canadian Sport Institute, Ontario seek potential funding partners (for both operating and capital costs) including the Federal and Provincial Governments;

 

And that the CAO, in conjunction with the Steering Committee, be authorized to engage outside consulting third party advice that may be required to prepare the Feasibility Study at a cost not to exceed $100,000 to be paid from the Corporate Contingency Fund;

 

And that the CAO appoint an internal staff team to support the Steering Committee to provide expertise in evaluating the proposal consisting of representatives from Economic Development, Planning, Engineering, Recreation, Finance, Corporate Communications and Legal;

 

And that the Steering Committee work with outside advisers including Police, Region of York, York Region School Boards, YRT, Go Transit, Markham District Energy, TRCA , the Ontario Realty Corporation, Hydro One and MTO/ETR and various ministries of both the Federal and Provincial Governments.

 

And that the Steering Committee consult with various sport bodies and associations in Markham and the surrounding area.

 

Carried

 

 

 

3.         MINUTES OF COMMITTEE OF THE WHOLE
            - JUNE 13, 2006 (16.0)

 

Moved by Councillor A. Chiu

Seconded by Councillor G. McKelvey

 

That the minutes of the Committee of the Whole meeting held on June 13, 2006 be confirmed.

 

Carried

 

 

 

4.         ADVISORY BOARD/COMMITTEES APPOINTMENTS (16.24)

 

Moved by Councillor A. Chiu

Seconded by Councillor J. Webster

 

That the following resignations be accepted with regret and a letter of appreciation be forwarded:

 

Markham Village BIA Board of Directors

- Morley Lem

- Sid Ridgley

- Les Ford

Carried

 

 

 

5.         BUS LOOP AGREEMENT FOR
            VICTORIA PARK/STEELES AVENUE
            AND ESNA PARK DRIVE/STEELES AVENUE
            LEGAL FILE NO. 06 0411 LG 0183 (5.14)

              Report 

 

Moved by Councillor S. Daurio

Seconded by Councillor A. Chiu

 

That the Mayor and the Clerk be authorized to execute an Agreement, in a form satisfactory to the Town Solicitor, among IBM Canada Limited , J & S Realty Nominee Inc., Toronto Transit Commission and the Town of Markham.

 

Carried

 

 

 

6.         APPROVAL OF ENCROACHMENT IN RESPECT OF A
            FENCE ENCROACHMENT AT
            40 LIMCOMBE DRIVE, THORNHILL (8.9)

              Report 

 

Moved by Councillor S. Daurio

Seconded by Regional Councillor J. Jones

 

That the following recommendation be referred back to staff for further review, and the CAO be requested to subsequently proceed as appropriate:

 

“That the Mayor and Clerk be authorized to execute an encroachment agreement with the owners of 40 Limcombe Drive, Thornhill to permit a fence encroachment as described in this report.”

Carried

 

 

 

7.         UP-DATE ON THE STATUS OF COUNCIL'S
            2004-2006 STRATEGIC PRIORITIES (16.0)

              Report 

 

Moved by Councillor A. Chiu

Seconded by Councillor E. Shapero

 

That the report entitled “Up-date on the Status of Council’s 2004 – 2006 Strategic Priorities” be received for information.

 

Carried

 

 

8.         RESULTS OF 2006 STAFF SATISFACTION SURVEY (12.0)

            Report  Memo Chart

 

Moved by Councillor A. Chiu

Seconded by Regional Councillor J. Jones

 

That the report “Results of 2006 Staff Satisfaction Survey” be received.

 

Carried

 

 

 

9.         USE OF CORPORATE RESOURCES –
            ELECTION PURPOSES (14.0 & 2.1 & 11.12)

            Report   Attachment   UpdateReport UpdateAtts  FinalPolicyAtt

 

Moved by Councillor G. McKelvey

Seconded by Councillor A. Chiu

 

That the policy on the Use of Corporate Resources for Election Purposes, amended to:

§         separate notices of Opening of Parks, Open Spaces and Facilities;

§         clarify other notices relate only to ward-wide notices; and

§         prohibit any form of advertising in an election year, save and except for any previously committed 2006 advertising;

and that, as amended, it be adopted as outlined in Schedule “A”;

 

And that the Town of Markham Business Expense & Conference Policy be amended as follows:

1. Delete Item 14 “Use of Corporate Resources—Election Purposes” and replace with a separate policy contained in Schedule “A” hereto;
2. Amend Section 13 to update print and mailing costs of Newsletters; and
3. Amend Section 13 to clarify that the printing of Newsletters pertains to Ward Councillors only;

 

And that staff review and report back in 2007 on the implementation of a Constituency Communications Program for Regional Councillors;

 

And that the protocol for the Opening of Parks, Open Spaces and Facilities be amended to provide for the disbursement of all notices of openings to be undertaken by the Clerk’s Department and not the respective Councillor, effective July 1^st in a municipal election year.

 

Carried AS AMENDED

(See following motions to amend)

 

 

Moved by Councillor G. McKelvey

Seconded by Deputy Mayor Scarpitti

 

That the proposed policy on the Use of Corporate Resources for Election Purposes be amended to prohibit any form of advertising after July 31^st.

CARRIED

 

Moved by Deputy Mayor Scarpitti

Seconded by Regional B. O’Donnell

 

That the motion of Councillor McKelvey and Deputy Mayor Scarpitti be amended to reflect a June 30^th cut-off date.

CARRIED

 

 

 

10.       ONTARIO FARMLAND TRUST (7.6)

              Report Atts 

 

Moved by Deputy Mayor Scarpitti

Seconded by Councillor A. Chiu

 

WHEREAS one of the recommendations of the approved GTA Agricultural Action Plan states as follows: “Encourage the Ontario Farmland Trust (OFT) to develop programs, identify securement mechanisms (including financial) and obtain support from the province, municipal Councils and agricultural organizations;

 

WHEREAS the Eastern Markham Strategic Review identified lands in the eastern part of Markham for a permanent Countryside vision;

 

AND WHEREAS the Province of Ontario has also identified additional lands in Markham as permanent Countryside pursuant to the Oak Ridges Moraine Conservation Plan and the Greenbelt Plan;

 

NOW THEREFORE BE IT RESOLVED:

 

THAT the Town of Markham supports the current efforts of the Ontario Farmland Trust in regards to:

 

• the federal and provincial governments being requested to amend their Income Tax Acts to provide the same benefits to donors of farmland for  which donors of ecologically sensitive lands now qualify; and,
• the federal and provincial governments being requested to consider other farmland conservation incentives to ensure that farmland remains in agriculture,

 

for agricultural and Countryside lands in Markham;

 

AND THAT copies of this report be provided to the Minister of Agriculture and Food, the Minister of Municipal Affairs and Housing, the Ontario Farmland Trust, Environment Canada, the Region of York and Region of York municipalities.

 

Carried

 

 

 

11.       DEVELOPMENT CHARGE DEFERRAL 
            – JOLIS INVESTMENTS (ONTARIO) LTD. (7.11)

              Report 

 

Moved by Councillor A. Chiu

Seconded by Councillor K. Usman

 

That the report titled “Development Charge Deferral – Jolis Investments (Ontario) Limited be received;

 

And that the Mayor and Clerk be authorized to execute an agreement with Jolis Investments (Ontario) Limited to defer the payment of the Town’s Town Wide Hard and Area Specific development charges in respect of the development of the industrial subdivision legally described as Part of Lot 17, Concession 3, being drafted approved 19T88018, to the satisfaction of the Town Solicitor;

 

And that the agreement provide for the deferral of the Town Wide Hard and Area Specific development charges to be payable at the earlier of:

 

–        Issuance of the first building permit for each block.

OR:

–        10% payable at execution of the industrial subdivision agreement;

–        20% payable three months after the date of execution of the industrial subdivision agreement;

–        35% payable six months after the date of execution of the industrial subdivision agreement; and

–        35% payable twelve months after the date of execution of the industrial subdivision agreement;

 

And that the development charge be calculated at the rate in effect at execution of the industrial subdivision agreement;

 

And that the letter(s) of credit posted to fulfill the requirements of the industrial subdivision agreement not be reduced or released unless the amount of the letter(s) of credit exceeds the total of:

–        the obligations outstanding on Schedule “E” of the Jolis Investments (Ontario) Limited industrial subdivision agreement; and the amount of the Town Wide Hard and Area Specific development charges outstanding.

 

And that staff be authorized and directed to do all things necessary to give effect to these recommendations.

 

Carried

 

 

 

12.       BOX GROVE CENTRE INC., BOX GROVE HILL
            DEVELOPMENTS INC., AND BOX GROVE NORTH INC.
            (19TM-030012) PHASE 2, BOX GROVE PLANNING DISTRICT
            PROPOSED PLAN OF SUBDIVISION (SU 03 115555, ZA 03 115538) (10.5, 10.7)

              Memo 

 

Moved by Councillor A. Chiu

Seconded by Councillor K. Usman

 

That staff be directed to provide the requested easement over the 0.3 metre reserve at the east end of Street "16" to the Pilkington Family when permission to construct the Street "16" roadway or an interim driveway to serve future development on Block 460, Plan 19TM-030012, is granted.

 

Carried

 

 

 

13.       SHARED FIELD AGREEMENT (8.2)

              Report 

 

Moved by Councillor A. Chiu

Seconded by Councillor E. Shapero

 

That the Mayor and the Clerk be authorized to execute annual Shared Field Agreements, in a form satisfactory to the Commissioner of Community & Fire Services and the Town Solicitor, between the York Region District School Board and the Town of Markham.

 

Carried

 

 

 

14.       ONTARIO MUNICIPAL WATER
            ASSOCIATION CORRESPONDENCE
            AND IMPLICATIONS OF THE WATERTIGHT REPORT ON
            PUBLIC OWNERSHIP OF WATER SYSTEMS IN ONTARIO (5.3)

              Report 

 

Moved by Councillor G. McKelvey

Seconded by Councillor K. Usman

 

That the Ontario Municipal Water Association correspondence be received;

 

And that Council supports OMWA position that water must remain under public ownership and control;

 

And that the Government of Ontario must make commitment to the people of Ontario to keep water under public ownership and control by enshrining it in the legislation;

 

And further that a copy of this motion be sent to Premier Dalton McGuinty, The Minister of Public Renewal the Hon. David Caplan, the Minister of the Environment the Hon. Laurel Broten, the Minister of Municipal Affairs and Housing the Hon. John Gerretsen, the Association of Municipalities of Ontario and to the Ontario Municipal Water Association.

 

Carried

 

 

 

15.       VILLAGE CHURCH PARKING
            - MAIN STREET AND CARLTON ROAD (5.12.4)

 

Moved by Councillor A. Chiu

Seconded by Councillor K. Usman

 

Whereas the availability of public parking in downtown Unionville is limited;

 

And whereas the public’s use of the private parking lot on the North East corner of Main Street and Carlton Road, which is owned by The Village Church, often conflicts with the Church’s use of its own parking lot;

 

And whereas mutual benefits to the Church and the Town would result from an  agreement setting out terms and conditions pertaining to the shared use of the parking lot;

 

And whereas such an agreement requires a by-law to govern and control the enforcement of parking of vehicles on private property;

 

And whereas By-law 2005-188 of the Town of Markham provides for such governance and control for locations set out in Schedule “F” of the by-law;

 

Be it resolved:

 

That the Mayor and the Clerk be authorized to execute a licensing agreement with The Village Church, substantially in accordance with the principles set out in the attached “CHANGES TO THE PROPOSED PARKING LOT AGREEMENT”;  and

 

That By-law 2005-188 be amended to add the parking lot owned by The Village Church at the north east corner of Main Street and Carlton Road to Schedule “F” – Private Property Enforcement.

(By-law 2006-242)

 

Carried

 

 

 

ADJOURNMENT

 

The Committee of the Whole meeting adjourned at 6:55 p.m.