M I N U T E S

COMMITTEE OF THE WHOLE

2003-04-29

Canada Room

 

Attendance

 

Deputy Mayor              F. Scarpitti Regional Councillors     T. Wong                                     B. O'Donnell Councillors                   S. Daurio                                     E. Shapero                                     J. Virgilio                                     G. McKelvey                                     D. Horchik                                     A. Chiu

J. Livey, Chief Administrative Officer J. Baird, Commissioner of Development    Services S. Birrell, Town Clerk B. Cribbett, Treasurer C. Conrad, Town Solicitor P. Miller, Manager, Secretariat Services J. Sales, Commissioner of Community    and Fire Services A. Taylor, Commissioner of Corporate Services M.F. Turner, Commissioner, Strategy,    Innovation and Partnership

 

 

The Committee of the Whole meeting convened at the hour of 5:05 p.m. with Deputy Mayor F. Scarpitti in the Chair.

 

 

DISCLOSURE OF INTEREST

None declared.

 

 

            DELEGATIONS

 

(1)        Mr. Brian Roman - in support of the Millennium Bandstand Parkette and Playground project on Main Street, Unionville, being completed in 2003. (12.2.6 & 6.3) (Item # 2)

 

(2)        Mr. Don Hindson, Cattanach Hindson Sutton VanVeldhuizen, on behalf of Bridle Trail Baptist Church Inc., - in support of a reasonable price being asked for the lands reserved for a place of worship at 180 Mingay Avenue. (10.8 & 8.5) (Item # 3)

 

 

 

1.         MINUTES OF COMMITTEE OF THE WHOLE
            - APRIL 15, 2003 (16.0)

 

Moved by Councillor A. Chiu

Seconded by Councillor G. McKelvey

 

That the minutes of the Committee of the Whole meeting held on April 15, 2003 be confirmed.

 

Carried

 

 

 

2.         MILLENNIUM BANDSTAND
PARKETTE AND PLAYGROUND PROJECT (12.2.6 & 6.3)

 

Committee had before it email communications from Kim Baxter, Member, Unionville Gala, and Gregory McCormick, Chairman, Unionville BIA, in support of the Millennium Bandstand Parkette and Playground project on Main Street, Unionville being completed in 2003.  An email communication was also received from Mr. Peter Hadas in support of the Millennium Bandstand Parkette and Playground project.

 

Mr. Brian Roman addressed Committee stating that the community is in support of a playground and parkette behind the Millennium Bandstand on Main Street Unionville.  He noted that the community formed Gala Committee raised in excess of $50,0000 toward the project in 2002 and will do the same or better in 2003.  Mr. Roman requested that Committee provide conditional approval for the project in order that the public process may begin.

 

Some discussion took place regarding the need for a public process to decide the location of the playground, the appropriate location for the playground, the possible need for approval from the Toronto and Region Conservation Authority, possible alternate locations, time constraints in connection with planning for the Gala, and funding sources.

 

Staff advised that a report will be brought forward upon completion of the public process.

 

Moved by Councillor J. Virgilio

Seconded by Regional Councillor T. Wong

 

That the delegation of Mr. Brian Roman in support of the Millennium Bandstand Parkette and Playground project on Main Street, Unionville being completed in 2003, be received;

 

And that the correspondence from the following persons in support of the Millennium Bandstand Parkette and Playground project on Main Street, Unionville being completed in 2003, be received:

            1.         Kim Baxter, Member, Unionville Gala

 

            2.   Gregory McCormick, Chairman, Unionville BIA;

 

And that the correspondence from the following person in support of the Millennium Bandstand Parkette and Playground project on Main Street, Unionville, be received:

 

            1.   Mr. Peter Hadas.

 

 

And whereas Council, on March 28, 2003, identified $49,500 from development charges for  the 2003 Unionville Parkette & Playground Capital Project;

 

And whereas the 2003 Unionville Parkette & Playground Capital Project was deferred to 2004 in order to complete the 2001 Millennium Bandstand Capital Project;

 

And whereas the Fund Raising Committee is able to commit sufficient funds from the 2003 Unionville Gala in September to cover 50 per cent of the total amount of the project:

 

Now therefore, be it resolved that Council approve proceeding with the public process for the planning of the 2003 Capital Project (Unionville Parkette and Playground) at an estimated cost of $75,000;

 

And that funding for this project be provided 50 per cent from Development Charges and 50 per cent from community fund raising efforts including the 2003 Unionville Gala to be held in September;

 

And that the community fund raising portion be advanced by the Town to be reimbursed upon the successful conclusion of the fundraising efforts;

 

And that staff report back on this matter in June or July, 2003.

 

Carried

 

 

3.         180 MINGAY AVENUE, BLOCK 206, PLAN 65M-3519
SITE RESERVED FOR PLACE OF WORSHIP
(BRIDLE TRAIL BAPTIST CHURCH INC.) (10.8 & 8.5)

 

Mr. D. Hindson, Cattanach Hindson Sutton VanVeldhuizen, was in attendance on behalf of the Bridle Trail Baptist Church.  He provided a chronology of the events, including:

 

            •     the Town's policy for the reservation and purchase of church sites by religious institutions - the first two acres to be sold at $150,000 per acre and the balance of the acreage to be negotiated between the developer and the church.

 

            •     the Wismer Subdivision Agreement (the subject agreement) which sets out this policy for church sites as well as the location for the future church site.  This land was to be conveyed to the Town for sale as a church site at $150,000 per acre, including servicing costs with no inflation costs or interest with the proceeds being turned over to the developer.

 

            •     the possibility of ownership of the site reverting back to the developer in the event it was not sold for a church site.

 

            •     the commissioning of the Town's Places of Worship Study

 

            •     the request by Metrus Development to eliminate policies regarding church blocks.

 

            •     the execution of the Wismer Subdivision Agreement by the developer and the Town and the conveyance of the church site.

 

            •     submission of an offer to purchase the church site by Bridle Trail Baptist Church for $150,000 per acre - the area of the site is 2.172 acres - this offer was never executed by the Town.

 

            •     attempts by the develper to increase the purchase price for the entire site.

 

            •     potential negotiations for a mutually acceptable purchase price for the site.

 

Some discussion followed regarding this situation, possible liability, and various options.  Mr. Hindson confirmed that the Church is willing to negotiate in an expeditious manner, however, if negotiations are not successful, the Church will approach the Town to proceed with the agreement in accordance with Town policy regarding church sites.

 

Committee was advised that every attempt will be made to conclude this matter within the next two weeks and a report will be submitted to Committee at that time.

 

 

Moved by Councillor G. McKelvey

Seconded by Councillor A. Chiu

 

That the report entitled "Site Reserved for Place of Worship (Wismer Commons Community) Update", be received for information only;

 

And that the deputation of Mr. Don Hindson, Cattanach Hindson Sutton VanVeldhuizen, on behalf of Bridle Trail Baptist Church Inc., be received;

And that staff provide a legal opinion on whether the Town's subdivision agreement is supportable in court;

 

And that this matter be referred to staff for a report back in two (2) weeks.

 

Carried

 

 

4.         NOTICE OF PUBLIC MEETING
            AMENDMENT TO DEVELOPMENT CHARGE BY-LAW
            REMOVAL OF TRANSIT CHARGE (7.11)

 

Moved by Councillor G. McKelvey

Seconded by Councillor J. Virgilio

 

That staff be directed to provide the statutory notice of a public meeting required under the Development Charges Act, 1997 to consider the Town of Markham's intention of amending By-law #148-1999, the Town of Markham's Town-Wide Soft Service Development Charge By-law by eliminating the charge for public transit;

 

And that notice of the public meeting be provided in the Markham Economist and Sun;

 

And that the public meeting be scheduled for May 27, 2003.

 

Carried

 

 

5.         NOTICE OF PUBLIC MEETING
            AREA SPECIFIC DEVELOPMENT CHARGE BY-LAWS
            FOR AREA 46 CATHEDRAL AND SUB-AREA 42A
            SOUTH UNIONVILLE - HELEN AVENUE (7.11)

 

Moved by Councillor J. Virgilio

Seconded by Regional Councillor B. O'Donnell

 

That staff be directed to provide the statutory notice of a Public Meeting required under the Development Charges Act, 1997 to consider proposed area specific development charge by-laws for Area 46, Cathedral and Sub-Area 42A, South Unionville - Helen Avenue;

 

And that notice of the Public Meeting be provided in the Markham Economist and Sun;

 

And that the Public Meeting be scheduled for May 27, 2003.

 

Carried

 

6.         ACCELERATION OF ROAD INFRASTRUCTURE
            IN SUPPORT OF MARKHAM CENTRE (5.10)

 

At its meeting held on april 28, 2003, the Transportation Committee referred the matter of the acceleration of road infrastructure in support of Markham Centre to the meeting this date.

 

Committee had before it the report from the Director of Engineering dated April 28, 2003 with respect to this matter.

 

Staff confirmed the alignment of Enterprise Drive has not been finalized.  An Environmental Assessment will be filed at the end of May, 2003.  This recommendation would advance the extension of Enterprise Drive by two years and the extension of Birchmount Road by four years.

 

 

Moved by Councillor J. Virgilio

Seconded by Councillor D. Horchik

 

Enterprise Drive

That staff be authorized to accelerate the design and construction of the Enterprise Drive/Helen Avenue extension from Warden Avenue to Kennedy Road including the construction of the GO rail line grade separation for completion by late 2004/early 2005;

 

Enterprise Drive -Warden Avenue to GO Transit rail line

And that the Mayor and Clerk be authorized to enter into a Development Charge credit agreement with Remington Homes for the construction of Enterprise Drive from Warden Avenue to the GO Transit rail line.

 

Enterprise Drive - GO Transit rail line to Kennedy Road

And that the Engineering Department be authorized to retain the engineering consulting firm of McCormick Rankin Ltd to undertake the detailed design, tender preparation and coordination of approvals for the Enterprise Drive/CN grade separation for an upset fee of $ 570,000 plus GST to be funded from Development Charges.

 

And that a contingency amount of $ 40,000 be authorized to cover the potential cost of GO Transit’s peer review and expedited approval of the proposed grade separation to be funded from Development Charges.

 

And that the Mayor and Clerk be authorized to enter into an agreement with Go Transit/CN Rail for the rail crossing to the satisfaction of the CAO and Town solicitor.

 

And that Engineering Department be authorized to pre-qualify contractors for the tendering of the construction contract for the Enterprise Drive/Helen Avenue extension including the rail grade separation

 

And that the Engineering Department report back with the construction tender award and final financing plan for Council’s approval.

 

And that the Mayor and Clerk be authorized to enter into an agreement with Markham Centre East Precinct land owners for the dedication of land required to construct the roadways and the grade separation and if necessary the front-end financing of the construction of the Enterprise Drive/Helen Avenue extension and local services to the satisfaction of the CAO and Town solicitor.

 

And that the Engineering Department’s 2003 Capital budget funded by development charges be amended accordingly.

 

Birchmount Road – Enterprise Drive to 14^th Avenue

And that staff be authorized to accelerate the design and construction of Birchmount Road from Enterprise Drive to 14^th Avenue including the construction of a CN rail line grade separation for completion by late 2005/early 2006;

 

And that the Mayor and Clerk be authorized to enter into a development charges credit agreement with Remington Homes for the construction of Birchmount Road from Enterprise Drive to Hwy 407;

 

And that the Engineering Department be authorized to retain a qualified consulting engineering firm on a cost plus basis to provide Program Management Services to the Town for the construction of Birchmount Road from Highway 407 to 14^th Avenue to an upset limit of

$85,000 plus GST.

 

And that the Engineering Department be authorized to enter into negotiations with and to retain qualified consulting engineering firms for the design and tender preparation of this project to an upset limit of $ 375,000 plus GST.

 

And that Engineering Department be authorized to pre-qualify contractors for the tendering of the construction contract for the Birchmount Road extension including the rail grade separation

 

And that the Engineering Department report back with the construction tender award for Council’s approval

 

And that the Engineering Department 2003 Capital budget be amended as required to include the Birchmount Road Program Management and consulting engineering fees to be funded from development charges;

 

And that the Mayor and Clerk be authorized to enter into the necessary agreements with 407ETR, Ministry of Transportation, CN Rail, Hydro One and the Ontario Realty Corporation for the land acquisition and construction of the Birchmount Road extension to the satisfaction of the CAO and Town solicitor.

 

Capital Infrastructure Program

And that the 10 Year Road Capital Infrastructure program, including acceleration of Enterprise Drive and Birchmount Road (south of Enterprise Drive), be endorsed;

 

And that the Engineering Department update the 10 Year Road Capital Infrastructure program on a yearly basis for endorsement by Council;

 

And that staff be directed to provide the statutory notice of a public meeting required under the Development Charges Act, 1997to consider proposed area specific development charge by-laws for Markham Centre;

 

And that notice of the public meeting be provided in the Markham Economist and Sun;

 

And that the public meeting be scheduled for September 2003;

 

And further that the impact of the Enterprise Drive extension on Main Street Unionville south be addressed through the public process currently underway to deal with traffic concerns and options for traffic calming in the Unionville community.

 

Carried

 

 

 

7.         EASTERN MARKHAM STRATEGIC REVIEW
            UPDATE ON MINISTER'S ZONING ORDER (10.8)

 

Committee had before it an information package regarding the Minister's Zoning Order in connection with lands in the Duffins Rouge Agricultural Reserve.

 

Committee was advised that a review of this information indicates that the Minister's Zoning Order pertains to lands in Pickering only and has no impact on lands in Markham.

 

Concern was expressed about the need to protect the lands in Eastern Markham and the tenant buy-back program.  It was suggested that the Town of Markham should make stronger demands in the future.

 

 

Moved by Councillor G. McKelvey

Seconded by Councillor S. Daurio

 

That the information package and verbal update from the Commissioner of Development Services regarding the potential impact of the Minister's Zoning Order for lands subject to the tenant purchase program and the former agricultural preserve in Pickering on lands in Markham, be received.

 

Carried

 

8.         RELAY FOR LIFE - CANADIAN CANCER SOCIETY (12.2.6)

 

Moved by Councillor E. Shapero

Seconded by Councillor A. Chiu

 

That the Town support the Canadian Cancer Society Relay For Life fundraising event by advertising on the Markham Page and by organizing teams to participate.

 

Carried

 

 

 

9.         2003 COMMITTEE/BOARD APPOINTMENTS (16.24)

 

Moved by Regional Councillor B. O'Donnell

Seconded by Councillor B. O'Donnell

 

ACRA Committee

That the resignation of Catherine Escott from the ACRA Committee be received with regret;

 

And that the ACRA Committee, comprised of the following membership, be disbanded for 2003 and a letter of appreciation be forwarded to members:

 

Ken Wade                               Term expires November 30, 2003

            Marilyn Bell                              Term expires November 30, 2003

            Ralph Persram                          Term expires November 30, 2004

            Darlene Klemchuck                  Term expires November 30, 2004

            A. David Taylor                        Term expires November 30, 2004

            Kashinath (Nat) Ghanekar        Term expires November 30, 2005

 

            Regional Councillor G. Landon

            Regional Councillor B. O'Donnell

            Councillor K. Usman

 

Canada Day Committee

That the resignation of Joan Masterton from the Canada Day Committee be received with regret and a letter of appreciation be forwarded;

 

And that Adam Poon be appointed to the Canada Day Committee.

 

Carried

 

10.       SARS - ECONOMIC DEVELOPMENT UPDATE (11.0)

 

Committee was provided with an overview of the Sudden Acute Respiratory Syndrome (SARS) Summit held at Toronto City Hall on April 28, 2003.  Representatives from the Provincial and Federal governments attended as well as GTA politicians including Markham Mayor D. Cousens.  The Summit acknowledged the significant economic impact of the SARS crisis on business, industry, tourism, hospitals and the Chinese community and discussed a possible action plan and various options for potential financial relief.

 

It was suggested that the Town of Markham establish a SARS Task force to study and address this situation and develop local solutions.

 

Moved by Regional Councillor T. Wong

Seconded by Regional Councillor B. O'Donnell

 

Whereas the economy of the Greater Toronto Area has been impacted by the Severe Acute Respiratory Syndrome (SARS) epidemic, and the effects of the severity of this economic impact has been reported on through local surveys and at a SARS Economic Summit hosted by business leaders and associations;

 

And whereas the Town of Markham wants to work in partnership with public sector and private sector stakeholders to address the challenges of the current situation;

 

Now therefore be it resolved that Markham Council endorses the establishment of a special 11-person Task Force involving members of Council and local business associations (including the Markham Board of Trade, Business Improvement Areas, Chinese Business Associations) to initiate local solutions;

 

And that the Task Force be chaired by Economic Development Committee Chair Regional Councillor Bill O'Donnell;

 

And that the following additional four (4) members of Council be appointed members of the Task Force:

 

                        Regional Councillor F. Scarpitti

                        Regional Councillor T. Wong

                        Councillor A. Chiu

                        Councillor K. Usman;

 

And that the Chief Administrative Officer bring forward to the May 5, 2003 meeting of the Finance and Administrative Committee a program in support of the activities and actions to be undertaken by the Task Force over a 35-day period.

 

Carried

 

…………………………………………………….

 

Committee recessed In-camera to discuss a legal matter.

 

…………………………………………………….

 

 

11.       1151 DENISON STREET, UNIT 3
            "AMAZING HEALTH"
            LICENSING HEARING (2.0)

 

Moved by Regional Councillor T. Wong

Seconded by Regional Councillor B. O'Donnell

 

That the following recommendation of the Markham Licensing Committee be adopted and confirmed:

 

         (1)     That the Body-Rub Parlour Owner’s Licence #03103871 issued pursuant to Body-Rub Parlour By-laws 116-98 and / or 2002-292 in the name of Yue Hua Chen as “Amazing Health” located at Unit 3, 1151 Denison Street, Markham, not be renewed, and

 

         (2)     That, pursuant to section 25(1) of The Statutory Powers Procedures Act, this decision not be stayed by any appeal of this decision that may be instituted in the courts.

 

Carried

 

 

 

 

ADJOURNMENT

 

The Committee of the Whole meeting adjourned at 6:35 p.m.