M I N U T E S

COMMITTEE OF THE WHOLE

2003-10-21

Canada Room

 

Attendance

 

Mayor                          D. Cousens Regional Councillors     F. Scarpitti                                     B. O'Donnell Councillors                   S. Daurio                                     E. Shapero (5:15.m.)                                     J. Virgilio (5:35.m.)                                     G. McKelvey                                     J. Heath                                     D. Horchik                                     A. Chiu

J. Livey, Chief Administrative Officer J. Baird, Commissioner of Development    Services S. Birrell, Town Clerk A. Brown, Director of Engineering B. Cribbett, Treasurer C. Conrad, Town Solicitor P. Loukes, Director of Operations & Asset    Management B. Nanninga, Executive Assistant D. McClean, Fire Chief P. Miller, Manager, Secretariat Services A. Mukherjee, Manager,    Transportation/Engineering J. Sales, Commissioner of Community    and Fire Services A. Taylor, Commissioner of Corporate Services M. F. Turner, Commissioner of Strategy,    Innovations & Partnership

 

The Committee of the Whole meeting convened at the hour of 5:07 p.m. with Mayor D. Cousens in the Chair.

 

 

1.         MINUTES OF COMMITTEE OF THE WHOLE
            - SEPTEMBER 30, 2003 (16.0)

 

Moved by Councillor A. Chiu

Seconded by Councillor S. Daurio

 

That the minutes of the Committee of the Whole meeting held on September 30, 2003 be confirmed.

 

Carried

 

2.         BOX GROVE SECONDARY PLAN
TOP SOIL STRIPPING PERMIT (10.4)

 

On October 14, 2003, Development Services Committee deferred consideration of a top soil stripping permit in the Box Grove Secondary Plan area and referred it to the meeting this date for discussions on cost comparisons for Option 1 and 3 being:

 

Option 1

 

The Town granting the topsoil stripping permits prior to draft plan approval subject to:

 

·        Group proactively installing municipal water system for the hamlet in Spring 2004 for operation prior to servicing of the draft plans

·        They fulfill outstanding conditions of the permit, that is, Environmental Impact Study for the 9th Line Tributaries, watercourse limits and buffers, final Tree Preservation Plan.

 

Option 3

 

The Town undertakes work to service hamlet with watermain:

 

·        Town not issue topsoil stripping permit until draft plan approval

·        Town of Markham tender, construct and temporarily finance the watermain system (Spring, 2004)

·        Developers group reimburse the Town once the first construction program proceeds for a draft plan, pursuant to Memorandum of Understanding.

 

The Commissioner of Development Services provided an update regarding negotiations with the Box Grove Developers Group.

 

Moved by Deputy Mayor F. Scarpitti

Seconded by Regional Councillor B. O'Donnell

 

That the Box Grove Developers be permitted to undertake topsoil stripping prior to draft plan approval subject to the following conditions:

 

      -     satisfying requirements of a topsoil stripping permit

      -     The Group expedite servicing of municipal water to the property line of existing properties in the Hamlet of Box Grove as part of the initial underground servicing for the Secondary Plan area

      -     The Box Grove Developers Group submit a well monitoring/mitigation plan for approval to address wells, which may be impacted prior to the availability of municipal water

      -     The Box Grove Developers Group submit a communication plan for approval by staff for distribution to area residents as soon as possible.

 

Carried

 

 

 

3.         SCIBERRAS/FRED VARLEY
            SAFETY IMPROVEMENTS (5.10)

 

The Manager, Transportation/Engineering, advised of steps taken to date to resolve the concerns of residents in the Sciberras Road and Fred Varley Drive area.

 

Bob Silver, 115 Sciberras Road, was in attendance and expressed his concerns about traffic in the Sciberras Road and Fred Varley Drive area.  He also stressed the need for stop signs on Fred Varley Drive to reduce speed.

 

A resident of Fred Varley Drive expressed his concern for the safety of area children and the need for stop signs on Fred Varley Drive.

 

Declan Boyle, 42 Fred Varley Drive, advised of recent property damage resulting from speed on Fred Varley Drive and questioned when the survey indicating speed humps have reduced speed on Fred Varley Drive was conducted.

 

George Treheles, 69 Fred Varley Drive, advised that, although residents agreed to the installation of speed humps because of cost considerations, speed humps may not be the solution to the speeding problem.  He stressed the need for "children in area" signs.

 

Mr. Mukherjee advised that surveys indicate speed humps installed in the area have reduced speed by approximately 10 kilometres per hour.  These surveys were conducted prior to the speed humps being installed, subsequent to them being installed, and again the week of October 16, 2003.

 

Discussion confirmed that Fred Varley Drive at Sciberras Road is an area of concern in the Town, questioned the effectiveness of stop signs in reducing speed, confirmed the existence of statistical evidence proving stop signs do not reduce speed, and requested an educational package to complete efforts to resolve this speeding problem.  Some Members of Committee agreed with the installation of speed humps, stop signs, hidden photo radar and red light cameras, when available.

 

Committee advised that the formation of a "Safe Streets Task Force" is anticipated early in the term of the 2003 - 2007 Council.  Although some members of Committee were in support of the installation of stop signs in the Fred Varley Drive/Sciberras Road area, it was agreed that this issue is an appropriate matter for the "Safe Streets Task Force" to consider.

 

Moved by Councillor D. Horchik

Seconded by Councillor S. Daurio

 

That the proposed pavement marking and signage plan noted below be implemented to improve safety at the Fred Varley Drive/Sciberras Road intersection;

 

      -     wider cross-hatched centre-line markings

      -     two advisory signs warning of "children in area" and two "curve ahead" signs

      -     Additional speed limit signs on both approaches

      -     Trimming bushes in front of 115 Sciberras Road to improve visibility of speed hump sign

      -     Request for priority police enforcement in this area

      -     cat eyes be installed along the median

 

And that the Operations Department be requested to implement these safety measures as soon as possible;

 

And that York Regional Police be requested to identify this area for priority enforcement;

 

And that the matter of this specific stop sign request and Town-wide stop signs be referred to the Safe Streets Task Force early in the term of the 2004 - 2007 Council and that research statistics and information on the impact of stop signs on speeding be available to the Task Force.

 

Carried

 

 

 

4.         MODIFICATION TO OFFICIAL PLAN AMENDMENT NO. 113
FOR HIGHWAY 404 NORTH PLANNING DISTRICT (10.3)

 

Committee had before it a report from the Commissioner of Development Services outlining proposed amendments to OPA 113 for the Highway 404 North Planning District.

 

The Commissioner of Development Services reviewed the concerns and difficulties being experienced by a specific business owner in the area and the proposed amendments to OPA 113 which address them. 

 

Moved by Councillor D. Horchik

Seconded by Deputy Mayor F. Scarpitti

 

That the Report entitled “Proposed Modification to Official Plan Amendment No. 113 (Highway 404 North Planning District)” dated October 21 2003 be received;

 

And That the Region of York, as part of its approval of Official Plan Amendment No. 113, be requested to modify Official Plan Amendment No. 113 as outlined in Appendix ‘A’ attached to the report;

 

And Further That the Director of Planning and Urban Design be authorized to work with the Region of York and to seek such other modifications to Official Plan Amendment No. 113 as may be appropriate, to give effect to Council’s request.

 

Carried

 

 

 

5.         LICENSING HEARING
“CROWN BEAUTY INTERNATIONAL INC.”
2 CORBY ROAD, UNIT #7, MARKHAM (2.0)

 

Councillor J. Heath noted he had not had the opportunity to review the minutes of the Licensing Committee Hearing, held on October 9, 2003, regarding "Crown Beauty International Inc." located at 2 Corby Road, Unit #7, Markham.

 

It was noted that, in the event an applicant requires the services of an interpreter, it is his/her responsibility to arrange and provide for this service at his/her expense.

 

Moved by Councillor A. Chiu

Seconded by Councillor G. McKelvey

 

That the following recommendation of the Markham Licensing Committee be adopted and confirmed, subject to review of the minutes by Councillor J. Heath:

 

1.         That the application for Complementary Healthcare Establishment, submitted by The Owner for "Complemenary Health Care" at 2 Corby Road, Unit #7, Markham Ontario, be denied, 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

 

6.         LICENSING HEARING
            "MARKHAM HEALTH STUDIO"
            7800 WOODBINE AVENUE, UNIT #115, MARKHAM (2.0)

 

It was noted that, in the event an applicant requires the services of an interpreter, it is his/her responsibility to arrange and provide for this service at his/her expense.

 

Moved by Councillor A. Chiu

Seconded by Councillor J. Virgilio

 

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

 

            1.         That the Body-Rub Parlour Owner’s License No. 03103858, issued pursuant to Body-Rub Parlour By-law 116-98, in the name of the Owner as “Markham Health Studio”, located at Unit 115, 7800 Woodbine Avenue, not be renewed;

 

            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

 

 

 

7.         LICENSING HEARING
“VALLEYWOOD HEALTH CENTRE”
20 VALLEYWOOD DRIVE, UNIT 113B, MARKHAM (2.0)

 

Committee had before it the decision of the Licensing Committee resulting from the Hearing held on July 4, 2003 regarding "Valleywood Health Centre" located at 20 Valleywood Drive, Unit 113B, Markham.

 

Douglas Gosbee, Doug Gosbee Barrister & Solicitor, Solicitor for the applicant, was in attendance and stated that the only charges against his client occurred in 2002 or later.  As a result, in his opinion, there is no evidence of a pattern of behaviour establishing contravention of By-law No. 2002-292 (A By-law Respecting the Licencing and Inspecting of Body-rub Parlours and Attendants and Complementary Health Care Service Providers and Attendants).

 

It was noted that, in the event an applicant requires the services of an interpreter, it is his/her responsibility to arrange and provide for this service at his/her expense.

 

Moved by Councillor J. Heath

Seconded by Councillor A. Chiu

 

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

 

            1.         That the application for Body-rub Parlour, submitted by the Owner for "Valleywood Health Centre" at 20 Valleywood Drive, Unit 113B, Markham Ontario, be denied, 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

 

 

 

8.         COUNCIL RESIGNATION (16.23)

 

Moved by Councillor G. McKelvey

Seconded by Councillor E. Shapero

 

Whereas the election of Regional Councillor Tony Wong as the new Member representing the Electoral District of Markham in the Legislative Assembly of the Province of Ontario was published in the Ontario Gazette on October 18, 2003;

 

And Whereas, pursuant to Section 9(2) of the Legislative Assembly Act, Regional Councillor Tony Wong is deemed to have resigned from Town of Markham Council at the end of the day on which the results of the Provincial election are Gazetted;

 

Now therefore be it resolved that the resignation of Regional Councillor Tony Wong be received;

 

And that the position not be declared vacant.

 

Carried

 

 

 

9.         LIMOUSINE LICENCES (2.23) Weblink

 

On October 20, 2003, Finance and Administrative Committee deferred consideration of this matter and referred it to the meeting this date to allow staff to obtain comparative information from other municipalities.

 

Committee had before it a report from the Town Clerk, dated October 21, 2003 providing additional information, as requested.

 

The Chief Administrative Officer and the Town Clerk reviewed the information and fielded questions.  Caution was urged against setting a precedent in this case.

 

Moved by Councillor G. McKelvey

Seconded by Councillor S. Daurio

 

That the report dated 2003-10-21, entitled "Limousine Licences" providing comparative information from other municipalities with respect to the transfer of limousine licences, be received for information;

 

And that the request of Helga Laehnemann, President, Markham First Choice Limousine to transfer two limousine licences be denied.

 

Carried

 

 

 

10.       TRIBUTE LUNCHEON FOR REGIONAL
            COUNCILLOR G. LANDON (12.2.6)

 

Some discussion took place regarding the purchase of a corporate table for the Regional Councillor Gordon Landon Tribute Luncheon to be held on Wednesday, November 19, 2003.

 

Moved by Regional Councillor B. O'Donnell

Seconded by Councillor A. Chiu

 

That the purchase of a corporate table for the Regional Councillor Gordon Landon Tribute Luncheon to be held on Wednesday, November 19, 2003 at a cost of $750.00, be approved.

 

Lost

 

11.       REGION OF YORK SIXTEENTH AVENUE
TRUNK SEWER PROJECT DEWATERING SITE (5.5)

 

The Chief Administrative Officer advised of the most recent Region of York dewatering site for the Sixteenth Avenue trunk sewer project on the northwest corner of Kennedy Road and Sixteenth Avenue.  Hoarding has been installed and is covered with advertising behind which top soil is being stockpiled.  It will be made very clear to the Region of York that this is completely unacceptable to Markham Council.  In addition, work must be stopped on this site until a Communication Protocol is in place.  Other requests include:

 

            ·    existing hoarding to be painted green and all advertising removed

            ·    site to be kept clear of all advertising

            ·    stockpile of topsoil behind the existing hoarding to be seeded

            ·    any applications for the site to be approved immediately

            ·    improved lines of communication to be kept open between the Region of York and the Town of Markham on matters of importance to both parties.

 

Mr. Livey advised that the drafting of a Communication Protocol has begun and will continue and Council will be kept informed of the progress.  Minutes of the Community Liaison Committee meetings will be distributed to all Members of Markham Council.

 

Moved by Deputy Mayor F. Scarpitti

Seconded by Councillor D. Horchik

 

That the verbal staff report on a protocol on procedures for notice and communications between the Region of York and the Town of Markham be received;

 

And that the Chief Administrative Officer report back with a draft of this protocol for the consideration of Committee.

 

 

 

12.       LICENSING HEARINGS
            REQUEST FOR ADJOURNMENT (2.0)

 

The Town Clerk advised of a letter received from Gerald B. Yasskin, Barrister & Solicitor.  At the Licensing Hearing scheduled for October 23, 2003, Mr. Yasskin, on behalf of his clients, will request an adjournment of scheduled Licensing Hearings with respect to:

 

            Hearing Date                                                       Applicant

 

October 28 and 31, 2003                                 Red Bean Health Centre

October 23 and 27, 2003                                 First Acupuncture and Shiatsu

November 3 - 4, 2003                                     Fox Health Centre

 

Discussion followed regarding available dates for Mr. Yasskin and Committee Members and the possible repercussions of not accepting Mr. Yasskin's request.  It was agreed that the Licensing Hearings should proceed.

 

............................................................................

 

Committee recessed In-camera at the hour of 6:40 p.m. to discuss confidential personnel, property and legal matters and to convene Council and reconvened at the hour of 11:17 p.m. to report out on Items 13, 14 and 15.

 

............................................................................

 

 

 

 

13.       LETTER OF INTENT - HYDRO
            CITY OF VAUGHAN AND TOWN OF MARKHAM (13.7)

 

That the staff report and direction to staff on confidential Hydro matters be received and confirmed.

 

 

 

14.       SIXTEENTH AVENUE TRUNK SEWER PROJECT
            JENNINGS GATE (5.5)

 

Whereas Town of Markham Engineering staff made a presentation to the Town’s Development Services Committee on September 9, 2003 with respect to the 16^th Avenue Trunk Sewer Phase II Mitigation Program;

 

And whereas Town of Markham Engineering staff presented a report from Terraprobe Limited on the said date which report provided that of the 61 homes in Jennings Gate the number of wells potentially affected by Phase II of the trunk sewer project is two (2);

 

And whereas the Region of York previously committed to funding all necessary mitigative measures with respect to private wells due to the 16^th Avenue trunk sewer project;

 

And whereas the residents of Jennings Gate wish to present their mitigative proposal to the Region of York;

 

Now therefore be it resolved that the mitigative proposal from the Jennings Gate residents to the Region of York as listed below, be received:

 

            "The Region shall pay the sum of $336,000.00 (61 wells x $6,000.00/well) toward the cost of providing municipal water to Jennings Gate.  The Region would pay each well owner directly and each well owner would be required to execute a full release."

 

And that Town staff is hereby directed to present this resolution and the said mitigative proposal to the Region of York for their immediate response;

 

And that Town staff is hereby authorized to negotiate with the Region of York to achieve the objectives of the Jennings Gate residents;

 

And that staff report back on this matter to the November 17, 2003 Finance and Administrative Committee meeting.

 

Carried

 

 

 

15.       WATER/WASTEWATER RATE
            PROPOSED PUBLIC MEETING (5.3 & 5.5)

 

That a public meeting be held on Tuesday, December 9, 2003 to consider a proposed water/wastewater rate increase to be effective January 1, 2004;

 

And that staff report back to Council on Tuesday, December 16, 2003 with recommendations.

 

 

 

 

ADJOURNMENT

 

The Committee of the Whole meeting adjourned at 11:20 p.m.