M I N U T E S
COMMITTEE OF THE WHOLE
2003-06-10 - 3:00 p.m.
Canada
Room
Meeting No. 12
Attendance
|
Mayor D. Cousens
Deputy Mayor F. Scarpitti
Regional Councillors T. Wong
Councillors S. Daurio
E.
Shapero
J.
Virgilio
G.
McKelvey
J.
Heath
D.
Horchik
K.
Usman
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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
B. Karumanchery, Senior Project Coordinator
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
P. Wealleans, Director of Taxation
|
The Committee of the Whole meeting convened at the hour of
3:00 p.m. with Mayor D. Cousens in the Chair.
DISCLOSURE OF INTEREST
None declared.
1. REGION OF YORK
16TH AVENUE SEWER DEWATERING ISSUE (5.5)
Michael Garrett, CAO, Region of York, Kees Schipper, Commissioner of
Transportation and Works, Region of York, and Paul Jankowski, Director of
Infrastructure, Design and Construction, were in attendance. They presented an update and overview of
actions taken to date with respect to the Phase I of the 16th Avenue
sewer dewatering issue and plans for Phase 2 of the project. Efforts have been taken to employ the best
science to ensure all efforts are successful and to proactively deal with all
unexpected issues.
Committee requested that the Cedar
Grove Community Group be included in the Region’s Communication Plan.
Regional
representatives fielded questions from members of Committee.
Moved by Councillor D. Horchik
Seconded by Councillor J. Heath
Whereas for the 16th
Avenue Phase I sewer dewatering the Region of York will have corrected by June 30,
2003 the well concerns by either re-drilling, lowering of pumps or provision of
municipal water;
And whereas the
Region will continue to monitor wells in the zone of influence and address
further well interference claims in an expeditious manner;
And whereas Regional
Council at its May 22, 2003 meeting established a Complaint Review Committee
for those residents not satisfied with the Region’s response to their well
issue;
And whereas the
Region’s and Town’s Hydrogeologists have established potential zone of
influence of the deep and shallow aquifers for Phase II;
And whereas well
surveys to ascertain which wells will be impacted by Phase II dewatering are to
be finalized by July 31, 2003;
And whereas the
Region is to implement a proactive program to address impacted wells for Phase
II prior to dewatering;
And whereas the
Region is to have a monitoring and mitigation plan to address unanticipated
well interference claims for Phase II;
And whereas the Town
recognizes the project must be completed expeditiously in order to minimize the
impact of dewatering;
And whereas the Town
is concerned about dewatering and wishes to ensure the impact of the dewatering
on its residents is mitigated;
Now therefore be it
resolved that the Town of Markham agrees to the issuance of a dewatering permit
for Phase II subject to the following conditions:
- That
dewatering not commence until Phase II mitigation plan has been finalized, in
consultation with Markham Council.
- That
a minimum $10 million Financial Assurance Plan be approved by Regional Council
to implement the mitigation program for Phase II, and that the Plan be
finalized in consultation with Markham Council.
- That the Region implement their
Pro-Active Mitigation Plan.
- That the final Communication Plan be
implemented.
- That other commitments (i.e. Complaint
Review Committee, Liaison Committee, etc.) as outlined in the Region’s June 10,
2003 presentation be implemented.
- That the Liaison Committee also include
one Town of Markham Council member (Councillor Dan Horchik).
- That the Region update Markham Council
and staff on a monthly basis on the state of dewatering and their mitigation
program.
- That the Region of York Director of
Infrastructure, Design and Construction update the Town of Markham Director of
Engineering on a bi-weekly basis on the status of the project.
- That the option of providing municipal
water to the Cachet/Jennings Gate/Victoria Square areas be resolved prior to
commencement of dewatering.
- That the above plans and Regional
commitments be completed in consultation with Markham Council and to the
satisfaction of Markham staff and its hydrogeologist.
Carried
2 REGION OF YORK
16TH AVENUE SEWER PHASE II
CACHET SERVICING - MUNICIPAL WATER
(5.5)
Moved by Councillor D. Horchik
Seconded by Councillor J. Heath
That Engineering
staff be authorized to retain a consultant engineer to undertake a preliminary
design of a watermain system for the Cachet areas at an upset limit of $60,000
plus GST;
And that staff be
authorized to submit a questionnaire to the Cachet area property owners to
determine their interest in paying for a municipal watermain system with a
subsidy from the Region of York;
And that, subject to
sufficient support from the property owners (67%) the Engineering Department be
authorized to retain a consultant engineer an upset limit of $100,000 plus GST
to undertake the detailed design of the watermain system, tender such works and
resubmit a questionnaire under the Local Improvement Regulations (Municipal Act)
to the Cachet property owners;
And that the cost
for the design and tender of the watermain system (+160,000 plus GST) be
funded by capital reserves;
And that staff
report back to Council as to the option of providing municipal water to
Victoria Square Community.
Carried
3. REGION OF YORK
9TH LINE SEWER
EXTENSION TO STOUFFVILLE (5.5)
Moved by Councillor D. Horchik
Seconded by Councillor J. Heath
Whereas the Region
of York is proposing to commence construction of a sanitary sewer on 9th
Line from approximately the Little Rouge River to Stouffville;
And whereas
localized dewatering to facilitate construction is anticipated;
And whereas abutting
residents with shallow wells have expressed concern on the impact on these
wells;
Now therefore be it
resolved that the Region of York be requested not to commence any dewatering
for their 9th Line sewer until the following issues have been
addressed in consultation with the Town of Markham staff and its
hydrogeologist:
- submission of
dewatering plan
- completion of
well survey in the zone of influence
- completion of a
well impact assessment
- implementation of
a proactive mitigation plan
- submission of a
well monitoring program
- submission of a
communication plan
- public meeting(s)
with residents in the zone of influence
And that the Region be requested to allocate the appropriate funds for
the mitigation plan;
And that the Engineering Department 2003 Capital Budget be modified to
include a $10,000 allowance for hydrogeologist consulting services and that the
Region be requested to reimburse Markham such costs.
Carried
4. R’2000 MARKHAM RESOURCE CONFERENCE
GROUP
- STATUS UPDATE (16.37)
Moved by Councillor G. McKelvey
Seconded by Councillor J. Heath
That the
report entitled ‘R'2000 – Markham Resource Conference
Group – Status Update’ be received.
Carried
5. FIRE NEGOTIATIONS
UPDATE (11.6)
Moved by Councillor E. Shapero
Seconded by Councillor J. Heath
That the report from the Acting Director, Human Resource,
with respect to union negotiations with the Fire Department, be received.
Carried
6. MUNICIPAL REFERENDUM
REQUIREMENT
FOR PROPERTY TAX INCREASES
(7.3)
Seconded by Councillor D. Horchik
Carried
7. MINUTES
OF COMMITTEE OF THE WHOLE
- MAY 27, 2003 (16.0)
Moved by Councillor K. Usman
Seconded by Councillor G. McKelvey
That the minutes of the Committee of the Whole meeting held
on May 27, 2003 be confirmed.
Carried
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Committee resolved
in-camera at 6:12 p.m. to consider a confidential personnel matter.
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Committee rose at
6:17 p.m. and reported on item (8)
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8. ABSENCE
FROM MEETINGS - REQUIREMENT
UNDER MUNICIPAL ACT (16.23)
Seconded by Councillor D. Horchik
That, pursuant to Section 259(1)(c) of The Municipal Act, 2001, Regional Councillor Gordon Landon's
seat not be declared vacant during the period June 10, 2003 to September 10,
2003.
Carried
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Mayor D. Cousens
vacated the Chair and Deputy Mayor F. Scarpitti assumed the Chair.
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9. AMENDMENT TO DEVELOPMENT CHARGE BY-LAW
148-1999
- ELIMINATION OF SERVICE CATEGORY &
DEVELOPMENT CHARGE RELATED TO PUBLIC TRANSIT (7.11)
Moved by Councillor K. Usman
Seconded by Councillor S. Daurio
That Council approve
the enactment of a by-law amending Development Charge By-law 148-1999 to
eliminate the service category and development charge relating to public
transit, with an effective date of June 23, 2003.
(By-law 2003-181)
Carried
10. DEVELOPMENT CHARGE AREA
SPECIFIC BY-LAW
FOR AREA 42A-1 – SOUTH
UNIONVILLE – HELEN AVENUE (7.11)
Glenn Baron was in attendance in objection to a new
additional Development Charge Area Specific By-law being considered for the
Helen Avenue area. He provided cost
comparisons and stressed the importance of Town-wide equity for all residents.
The Director of Engineering explained that a new by-law is
required for the Helen Avenue area to provide for the reconstruction of the
road and full urban services. Cost
comparisons with new development have been conducted and are comparable based
on land values. The proposed new by-law
will benefit Mr. Baron by providing storm and sanitary connections in addition
to a new road.
Moved by Councillor K. Usman
Seconded by Councillor E. Shapero
That Development
Charge Area Specific By-law for Area 42A-1 - South Unionville - Helen Avenue be
enacted;
And that the
delegation of Mr. Glenn Baron in objection to the proposed amendment to
Development Charge Area Specific By-law for Area 42A-1 - South Unionville -
Helen Avenue , be received;
And that the Mayor
and Clerk be authorized to execute Credit Agreements with Abidien Inc. and
other Helen Avenue Developers for the front ending of Helen Avenue
reconstruction to the satisfaction of the CAO and Town Solicitor;
And that the letter
of objection from Mr. Glenn Baron regarding the proposed amendment to the
Development Charge Area Specific By-law for Area 42A-1 - South Unionville -
Helen Avenue, be received.
(By-law 2003-182)
Carried
11. LICENSING HEARING
“CHARMING HEALTH SPA”
220 ROYAL CREST COURT, UNIT 23 (2.0)
Moved by Councillor K. Usman
Seconded by Councillor J. Heath
That the following
recommendation of the Markham Licensing Committee be adopted and confirmed:
(1) That the application for Complementary
Healthcare Establishment, submitted by the Owner for "Charming
Health Spa" at 220 Royal Crest Court, Unit # 23, 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
12. LICENSING HEARING
"HOLISTIC THERAPY"
2750 14TH AVENUE, UNIT 4 (2.0)
Moved by Councillor K. Usman
Seconded by Councillor J. Heath
That the following
recommendation of the Markham Licensing Committee be adopted and confirmed:
(1) That
the application for Complementary Healthcare Establishment, submitted by the
Owner (1547696
Ontario Limited) for "Holistic Therapy" at 2750 14th
Avenue, Unit # 4, 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
13. LICENSING HEARING
“CENTRE STUDIO”
5460 HIGHWAY 7, UNIT 3 (2.0)
Moved by Councillor K. Usman
Seconded by Councillor J. Heath
That the following
recommendation of the Markham Licensing Committee be adopted and confirmed:
(1) That the application for Complementary
Healthcare Establishment, submitted by the Owner for
"Centre Studio" at 5460 Highway # 7,
Unit # 3, 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
14. LICENSING HEARING
“KOLOBOK HEALTH SPA”
5970 16TH AVENUE
(2.0)
Moved by Councillor J. Heath
Seconded by Councillor G. McKelvey
That the following
recommendation of the Markham Licensing Committee be adopted and confirmed:
1) That
the application for a Complementary Healthcare establishment, submitted by
the
Owner for 5970 16th Avenue, Markham, Ontario, named “Kolobok
Health
Spa,” be approved, to expire on December 31, 2003; and
(2) That
Council review Section 7 of By-law 2002-292 with respect to existing
businesses.
Carried
15. LICENSING HEARING
“JOY SPA”
400 ESNA PARK DRIVE, UNIT 21
(2.0)
Moved by Councillor K. Usman
Seconded by Councillor J. Heath
That the following
recommendation of the Markham Licensing Committee be adopted and confirmed:
(1) That the application for Complementary Healthcare
Establishment, submitted by the Owner for
"Joy Spa" at 400 Esna Park Drive, Unit # 21, 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
16. TOWN OF MARKHAM 2003 CLEAN
AIR INITIATIVES (5.7)
Moved by Councillor K. Usman
Seconded by Councillor E. Shapero
Carried
17. DESTRUCTION OF TREES
VERCLAIRE GATE AND HIGHWAY 7
(10.0)
Committee was advised that approximately 130 trees (3 - 5
metres in diameter) were destroyed by a developer on the lot at the northeast
corner of Verclaire Gate and Highway 7.
The developer has expressed his willingness to retain a Landscape
Architect to catalogue the trees by species and caliper. The development application will not proceed
at this time.
Committee was also advised that a number of trees have
recently been destroyed on Denison Street.
Committee requested that staff report back on the process to
be followed by the public and the Town’s By-law Enforcement staff in the event
of future occurrences.
Councillor J. Virgilio agreed to prepare a motion for the
consideration of Council at the public session this date.
18. SAM’S GARAGE
29 LAIDLAW BOULEVARD
REZONING APPLICATION (10.5)
Councillor J. Heath disclosed an interest with respect to
the Committee of the Whole Motion dated June 10, 2003, the rezoning application
submitted by Sam's Garage for 29 Laidlaw Boulevard, by nature of owning
property close by, at 166 Bullock Drive, and did not take part in the
consideration or discussion of or vote on the question of the approval of such
matter.
Carried
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Committee reconvened
at 9:10 p.m. and resolved in-camera to receive a legal opinion.
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Committee rose at
9:25 p.m. and reported on item (19)
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19. 55 ALBERT STREET, MARKHAM
(MARKHAM UNION TEMPLE
CORPORATION)
ONTARIO MUNICIPAL BOARD -
APPEAL
COMMITTEE OF ADJUSTMENT FILE
NO. A/185/02 (10.12)
Moved by Councillor
J. Heath
Seconded by
Councillor G. McKelvey
Moved by Councillor
J. Heath
Seconded by
Councillor G. McKelvey
YEAS: Regional Councillor T. Wong,
Councillor E. Shapero, Councillor J. Virgilio, Councillor G. McKelvey,
Councillor J. Heath, Councillor D. Horchik, (6)
NAYS: Mayor
D. Cousens, Deputy Mayor F. Scarpitti, Councillor S. Daurio. (3)
ABSENT: Regional Councillor G. Landon, Regional
Councillor B. O'Donnell, Councillor K. Usman, Councillor A. Chiu. (4)