Appendix 7B (b)

THE CORPORATION OF THE TOWNSHIP OF KING COMMITTEE OF THE WHOLE

Council of the Township of King met in Committee of the Whole on Monday, October 6th, 2008 at 6:35 p.m. Members of Committee present were Mayor Black, Councillors Mortelliti, Laidlaw, Pabst, Cober, Underhill and Rupke. Councillor Underhill chaired the Committee of the Whole meeting.

Members of staff present were Scott Somerville – CAO, Chris Somerville – Clerk, Don Young – Director of Finance & Treasurer, Stephen Kitchen – Director of Planning, Mike Cole – Mgr. of Engineering & Dev., Catherine Purcell – Director of Parks, Recreation & Culture, Bryan Burbidge – Fire Chief, Kathryn Smyth – Deputy Clerk, Diane Moratto – Sr. Administrative Assistant, Jamie Smyth – Economic Development Officer.

Committee recommended that Item # 3 on the Committee of the Whole Agenda be brought forward for consideration.

C.O.W. #2008-226

Clerks’ Dept. Report No.: CL-2008-24 Re: Review and Update Nature Conservancy of Canada Request to Place a Conservation Easement over Unopened Road Allowances in the Happy Valley Forest Area (Part of the 7th Concession)

DEPUTATIONS

(i) Harold Sellers, Executive Director, Oak Ridges Trail Association

Mr. Sellers appeared on behalf of the Oak Ridges Trail Association (ORTA) and advised of the ORTA support of any arrangement which will protect and enhance the trail. He added that he is looking forward to working with the landowners, the Township of King and the Nature Conservancy of Canada (NCC) on any restoration or enhancement work.

Committee recommends that the deputation by Mr. Sellers be received.

(ii) John Riley, Chief Director, Nature Conservancy of Canada (NCC)

Mr. Riley, Chief Director of the Nature Conservancy of Canada (NCC) advised that with respect to the comment in report CL-2008-24, “NCC policies for preserving forest lands do not provide for public access…” is not correct, and that the NCC has interpretive centers, trails, etc. that the public may use. Mr. Riley challenged the comment that no road would be built through the Happy Valley Forest. He noted that since the 1950’s, the Happy Valley Forest area has been recognized and protected, and the NCC simply wants to ensure that the road allowances remain green and accessible to trail users in perpetuity. He asked that King Township join the NCC in this project.

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Committee recommends that the deputation by Mr. Riley be received.

(iii) Mark Stabb, Program Manager, Nature Conservancy of Canada (NCC)

Mr. Stabb commented that the road allowances are key to the ecological integrity of the forest and one of the reasons the Happy Valley Forest Area is in good shape is because it has not been carved up for development nor road use. He advised that the NCC received legal advice that a conservation easement would be an appropriate tool to maintain the forest, however Township legal staff advised Council that the proposed easement agreement was not in the best interests of the Township, and suggested conveying the lands if the NCC did not want to modify the agreement to the Township’s satisfaction. It became evident that the public is opposed to either option with the potential of limiting access, and conveyance was deferred. Mr. Stabb advised that the NCC is interested in biodiversity and ecological protection, and one of its main priorities is to prevent motorized vehicles damaging the forested areas. He added that nothing will be proposed that does not have public support. Mr. Stabb expressed a willingness to continue to try to find an option where the NCC can partner with the Township in preserving and protecting the road allowance. He reiterated that the NCC is anxious to work with the equestrian community but unfortunately there are some areas of the forest which are not safe for riding. Mr. Stabb commented that if Council finds the NCC is not the right group to keep and maintain the road easements, that another interest group such as the Oak Ridges Trail Association could do the same work.

Committee recommends that the deputation by Mr. Stabb be received.

(iv) Paul Barrett, 87 Armstrong Crescent

Mr. Barrett advised he has been a resident of Pottageville since 1992 and enjoys hiking along the 7th Concession. Last year he noticed barriers had been installed blocking access to the trail. He asked how residents and Council could trust the people who put up this type of barriers that their actions speak louder than words. He commented that the lands should be kept in Township ownership so he and others will continue to have access to the trails.

Committee recommends that the deputation by Mr. Barrett be received.

(v) Bill Salmon, 15460 7th Concession

Mr. Salmon provided a letter to Council which he read aloud. He advised of his support in preserving the environmentally sensitive Happy Valley Forest area but does not support the transfer of any ownership rights of municipal road allowances to the NCC as it would severely restrict Council’s ability to satisfy the future needs of the people of King. Mr. Salmon requested that Council consider ‘Option D’ as outlined in the staff report.

Committee recommends that the deputation and letter by Mr. Salmon be received.

(vi) Lisa Barrett, 87 Armstrong Crescent

Ms. Barrett read from a petition of 74 signatures and presented a copy to the Clerk. In the petition, the residents commented that they understand why the NCC feels it is necessary to have - 3 - Committee of the Whole Report October 6th, 2008 an easement on these road allowances in order to control access to the Happy Valley Forest in an effort to continue its work to protect and restore the forest; but the residents feel that any transfer of an ownership interest by way of easement to any individual will be an erosion of control of the elected officials. Ms. Barrett commented that the Township retain control of the subject lands and not grant any interest to other parties.

Committee recommends that the deputation by Ms. Barrett and the petition be received.

(vii) Suzanne Hardcastle, 4695 18th Sideroad

Ms. Hardcastle advised that she likes riding and walking along the 7th Concession. She commented on recent construction projects in the vicinity causing noise and dust, increased traffic and driveways with gated entrances. She expressed concern that there will soon be no open spaces left to explore without asking for permission, and that only those who can afford to buy big parcels of land will be able to ride in the future. She commented that the NCC has shown that it cannot be trusted as seen by the barriers that were installed which made it difficult for both horses and pedestrians to get through, and it has taken a year to get the barriers modified.

Committee recommends that the deputation by Ms. Hardcastle be received.

(viii) Diane Peldszus, 4770 18th Sideroad

Ms. Peldszus advised that she is a lifetime resident of King Township and loves riding through the Happy Valley Forest area. She asked that Council retain control of the road allowance. She commented that safe riding areas available in King are diminishing as gravel roads are being hard surfaced and have very narrow shoulders. She asked that equestrian groups and the Township work together to preserve the trail along the 7th Concession.

Committee recommends that the deputation by Ms. Peldszus be received.

(ix) Mark Stabb, Program Manager, Nature Conservancy of Canada

Mr. Stabb responded to some of the comments heard this evening. He noted that the gates which were originally installed were designed by an equestrian and were intended to stop motorized vehicles only, however, when the NCC realized the difficulty for pedestrians and equestrians, it began looking for a better design, and the gates have now been replaced. He noted that he was under the impression that Council had approved installing the gates, there was a communication issue.

Committee recommends that the deputation by Mr. Stabb be received.

Committee considered Clerks’ Dept. Report No. CL-2008-24 providing background information and the status of the request from the Nature Conservancy of Canada (NCC) to place a conservation easement over certain unopened road allowances, being part of the 7th Concession and parts of the 16th and 17th Sideroads, or the possible conveyance of these lands and to receive instructions as to the manner in which Council wishes to proceed.

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Committee recommends that the correspondence from David and Ann Love, Vicki and Paul Hotte, Stephanie Barrett, Neil and Sue McGeachy, Billand Carmen Salmon, R.R. Tasker, Allison Pezzack, Catherine Halliday, Chuck Jolliffe including the petition presented by Lisa Salmon, and the comments heard this evening be received, and that Clerks’ Dept. Report No. CL-2008-24 be received, and the recommendations therein be approved, as amended, as follows:

(a) Report CL-2008-24 be received as information.

(b) Approve Option ‘D’, to maintain the status quo.

(c) Council commits to protecting and preserving the road allowances in the Happy Valley Forest area in a ‘green’ natural state, and to keeping the road allowances available to the public for equestrian and pedestrian access and that the King Environmental Advisory Committee (KEAC) be requested to advise Council on erosion issues and preservation of the tree canopy within the Township unopened road allowance in the Happy Valley Forest area.

C.O.W. #2008-227

Councillor Underhill: Re: Correspondence from the Township of North Stormont Re: Requesting the Board of Directors of MPAC to improve their operations

Mayor Black refrained from voting on this item due to being a member of the MPAC Board.

Committee considered the correspondence from the Township of North Stormont regarding a Resolution requesting the Board of Directors of the Municipal Property Assessment Corporation (MPAC) improve their operations.

Committee recommends that the correspondence from the Township of North Stormont be received and supported.

C.O.W. #2008-228

Operations Dept. Report No. OP08-17 Re: Township Field Staff Participate in the Road Watch Program

Committee considered Operations Department Report No.: OP08-17 requesting Council endorse Township Field Staff participate in the Road Watch Program and report the aggressive and unsafe driving incidents to the York Regional Police for further action.

Committee recommends that Operations Department Report No. OP08-17 be received, and the recommendations therein be approved, as follows:

a) This report be received for information.

b) The Township of King Field Staff participate in the Road Watch Program.

- 5 - Committee of the Whole Report October 6th, 2008 c) The Road Watch Program signs and forms be provided for all the Township of King vehicles.

C.O.W. #2008-229

Planning Dept. Report No.: P-2008-48 Re: King Environmental Advisory Committee (KEAC) Upcoming Community Tree Planting Event

DEPUTATIONS

(i) Joseph Leo, 2 Kingswood Drive

Mr. Leo, Chair of the King Environmental Advisory Committee (KEAC) advised that he is here this evening to show support for Planning Department Report No. P-2008-48 and invited members of Council and all residents to the KEAC Community Tree Planting event on Saturday, October 18th, 2008 at the Sacred Heart Catholic Church from 9:00 a.m. until 1:00 p.m.

Committee recommends that the deputation by Mr. Leo be received.

Committee considered Planning Department Report No. P-2008-48 regarding an upcoming Community Tree Planting event as well as other KEAC initiatives and to seek Council’s endorsement of the same.

Committee recommends that Planning Department Report No. P-2008-48 be received, and the recommendations therein be approved, as follows:

A. That Planning Report No. P-2008-48 be received as information.

B. That Council endorses and supports KEAC Community Tree Planting Event.

C.O.W. #2008-230

Planning Dept. Report No.: P-2008-49 Re: King City Replacement Homes and Major Additions – Public Open House Questionnaire

DEPUTATIONS

(i) Ron Mitchell, 13175 Keele Street

Mr. Mitchell advised that he is a member of the Concerned Citizens of King Township (CCKT) and thanked staff on behalf of the CCKT for the recent Public Open House on the matter of replacement homes and major additions, and for providing the comments from the public in Planning Report No.: P-2008-49. He commented that even though there was only a small group of residents who attended the Open House, he believes if the Township were to go door to door the results would be the same. He advised that the CCKT will continue to offer comments and recommendations to staff regarding this issue.

Committee recommends that the deputation by Mr. Mitchell be received. - 6 - Committee of the Whole Report October 6th, 2008

(ii) James Zissopoulos, 123 Hollingsworth

Mr. Zissopoulos read from a prepared letter and provided copies to the members of Council and staff. He commented on his strong opposition to restricting new major additions and replacement homes as times are changing and families are changing the way they now live. Growing families require more living space and modern facilities. He commented that a proposal such as this would restrict new and growing families from moving into the Township and restrict property values of all homes from increasing.

Committee recommends that the letter and deputation by Mr. Zissopoulos be received.

Committee considered Planning Department Report No.: P-2008-49 regarding data received from the questionnaire survey completed by members of the public at the Public Open House.

Committee recommends that Planning Department Report No. P-2008-49 be received, and the recommendations therein be approved, as follows:

A. That Planning Report No. P-2008-49 be received as information.

B. That the Planning Department report back to the Committee of the Whole with a further report:

a. To outline approaches to address issues raised at the public open house; b. Addressing issues of affordability, assessment and shadowing impacts; c. Respond to any additional input comments from members of Council, and; d. Update Council on the many changes from the original report.

C.O.W. #2008-231

Maple Leaf Cricket Club, 13811 Dufferin Street Re: Request for Exemption to the Noise By-law

DEPUTATIONS

(i) Ranjit Saini, 13811 Dufferin Street

Mr. Saini, President of the Maple Leaf Cricket Club explained that the upcoming tournament will include countries from two leagues of teams and the Maple Leaf Cricket Club is expecting 8,000 – 10,000 fans to attend the matches taking place from Friday October 10 to Monday October 13. He advised that he is here this evening to answer any questions Council may have. Noting an earlier event this year, he apologized for incidents involving parking and trespassing and assured Council that steps are being taken for the upcoming tournament to ensure the same problems do not occur. He advised that on site security has been arranged to help protect neighbouring properties and there will be private security guards and York Regional Police officers on duty. Temporary fencing will be installed along the north side of the property, and there will be an ambulance and doctor on duty at all times. He noted that traffic problems that occurred at the last event will be addressed by installing booths for collecting parking and admission fees in order to avoid long lines of cars stopping and blocking the streets, and that - 7 - Committee of the Whole Report October 6th, 2008 arrangements have been made to park 1500 cars at Seneca College, and 1800 spaces on site, as well as permission has been obtained for additional parking on a nearby field. He advised that the organizers are working with York Region Transit to arrange special buses from the subway. Mr. Saini advised that he will contact the Township Fire Chief on Tuesday to co-ordinate emergency procedure plans.

Committee recommends that the deputation by Mr. Saini be received.

(ii) Nicholas Fincham, 13811 Dufferin Street

Mr. Fincham, Secretary for the Maple Leaf Cricket Club commented that the Club will ensure that international cricket standards will be followed for a professional event and that this tournament will be televised on 54 stations throughout the world.

Committee recommends that the deputation by Mr. Fincham be received.

(iii) Atul Ahuja, Cricket Canada Sports Alliance, Toronto

Mr. Ahuja advised that he is the Chief Executive Officer for Cricket Canada and runs cricket programs at a federal level. He assured Council that every effort is being made to ensure the event is handled in a professional manner and that the previous occurences not be repeated. He advised that this event has put King Township on the map for world cricket and might lead to the opportunity of hosting the 2012 World Cup. Mr. Ahuja commented that liability insurance information can be provided and that tournament coordinators will meet with the local Fire Chief on an emergency plan.

Committee recommends that the deputation by Mr. Ahuja be received.

Committee considered correspondence from the Maple Leaf Cricket Club requesting an exemption to the Noise By-law for an outdoor International Cricket Tournament.

Committee recommends that correspondence from the Maple Leaf Cricket Club be received and the recommendations therein be approved, as follows:

(a) Receive correspondence;

(b) An exemption to the Noise By-law for the Maple Leaf Cricket Club for an outdoor International Cricket Tournament for Friday, October 10th, 2008 to Monday, October 13th, 2008 from 9:30a.m. until 6:00p.m. each day be approved;

(c) The Maple Leaf Cricket Club be requested to notify all residents in the vicinity in advance of the event.

NEW BUSINESS

C.O.W. #2008-232

Vicious Dog By-law Notice to Muzzle Hearing Committee - 8 - Committee of the Whole Report October 6th, 2008

The Clerk advised that Councillor Underhill has declined to sit on an upcoming hearing due to knowing the owner of the dog involved, and requested that Committee appoint a replacement member for this Hearing to be held on October 28th, 2008.

Committee recommends that Councillor Laidlaw replace Councillor Underhill on the Notice to Muzzle Hearing Committee for the October 28th, 2008 Hearing.

Moved by Linda Pabst

Seconded by Jeff Laidlaw

THAT Items C.O.W. #2008-226, #2008-227, #2008-228, #2008-229, #2008-230, #2008-231 and #2008-232 of the Committee of the Whole Report of October 6th, 2008 be adopted.

Without amendment/As amended Margaret Black, Mayor