Appendix 4B (a)
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, September 13th, 2010 at 6:15 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, Stephen Kitchen – Director of Planning, Jeff Schmidt – Director of Finance & Treasurer, Rob Flindall – Director of Engineering & Public Works, Bryan Burbidge – Fire Chief, Catherine Purcell – Director of Parks, Recreation & Culture, Diane Moratto – Administrative Clerk – Council/Committee, Kathryn Smyth – Deputy Clerk, Jody LaPlante – Deputy Director of Engineering and Development, Jamie Smyth – Economic Development Officer.
C.O.W. #2010-195
DEPUTATIONS
Susan Walmer, Executive Director Oak Ridges Moraine Land Trust (ORMLT) Re: 10th Anniversary Celebration
Ms. Walmer provided a slide presentation on the Oak Ridges Moraine Land Trust Mission Statement and $1 Million 10th Anniversary Stewardship Campaign. Ms. Walmer commented that the ORMLT is honored to have the Hon. Hal Jackman as their Campaign Chair for this event. Ms. Walmer asked that the Township of King consider a $5,000 grant request to support the 10th Anniversary Stewardship Campaign for the protection of clean water supply, to protect environmentally sensitive lands and habitat, to secure a route for the Oak Ridges Trail and to create a natural legacy in perpetuity. She concluded her presentation by asking Committee to consider sending a resolution to the other Oak Ridges Moraine municipalities encouraging them to support the ORMLT Stewardship campaign.
Committee recommends that the Deputation by Ms. Walmer be received as information.
C.O.W. #2010-196
Clerks’ Department Report Number CL-2010-38 Re: Township of King Community Grants Program – Oak Ridges Moraine Land Trust 10th Anniversary Stewardship Campaign
Committee considered Clerks’ Department Report Number CL-2010-38 regarding a request for a grant by the Oak Ridges Moraine Land Trust (ORMLT).
Committee recommends that Clerks’ Department Report Number CL-2010-38 be received, and the recommendations therein be approved, as amended, as follows:
(a) Report CL-2010-38 be received as information;
(b) A grant in the amount of $3,000.00 from the 2010 Community Grants Program (acct# 1.21.299.540) be awarded to the ORMLT’s new initiative, the 10th Anniversary Stewardship Campaign; and
(c) The Clerk prepare a letter to send to all Ontario Municipalities encouraging them to join King Township in support of the ORMLT’s 10th Anniversary Stewardship Campaign.
Councillor Laidlaw requested that Items on the Agenda that indicate Deputations be brought forward at this time.
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Planning Department Report Number P-2010-50 Re: Zoning By-law Amendment File Nos. Z-2010-12 Owner: Hamleys Development Inc. Applicant: KLM Planning Partners Inc. Part of Lot 8, Concession 8, Plan 65M-4169, Block 192
DEPUTATIONS
(i) Bill Tam, KLM Planning
Mr. Tam advised that he is present this evening to respond to questions relating to the application.
Committee recommends that the deputation by Mr. Tam be received.
Councillor Laidlaw questioned the reduction in the number of bungalow units in favour of 2 storey units proposed for this application.
Mike Pozzeleon advised that there will be ten (10) styles of bungalows/lofts purchasers can choose from on any unit in the proposed development.
Committee considered Planning Department Report Number P-2010-50 regarding a Zoning By- law Application to permit 23 single detached dwelling units within Block 192 of Plan 65M-4169 in the Hamleys subdivision development (Noble Ridge) in Nobleton.
Committee recommends that Planning Department Report Number P-2010-50 be received, and the recommendations therein be approved, as follows:
1.1 That Planning Report No. P-2010-50 be received.
1.2 That Zoning By-law Amendment Application, File No. Z-2010-12, to amend Zoning By- law #74-53, as amended, by rezoning the property described as Part of Lot 8, Concession 9 from Residential Urban (Nobleton) Seven Holding (R1N-7-H) to Residential Urban (Nobleton) Three (R1N-3) and Residential Urban (Nobleton) Four (R1N-4) - Exception to permit freehold single detached dwellings BE APPROVED subject to the following:
• that the Toronto and Region Conservation Authority September 7, 2010 draft comments be confirmed as final; • the Front Face of an attached Private Garage be located at least 0.25 metres further from the Front Lot Line than either the portion of the Dwelling closest to the Front Lot Line OR the portion of the Porch closest to the Front Lot Line; • the attached Private Garage facing the Front Lot Line shall be located no closer than 6 metres from the Front Lot Line; • the Rear Lot Line for two lots shall be deemed to be the lot line abutting lands zoned O-26.59; • the Rear Lot Line for one lot shall be deemed to be the eastern lot line; • the Rear Lot Line for one lot shall be 5 metres; • a portion of the lands to be zoned Environmental Protection.
C.O.W. #2010-198
DEPUTATIONS
(i) Jeff Jackson
Mr. Jackson commented that he understands the staff reasoning in turning down the request for stop signs. He advised that the resident has concern about speed, but stop signs are not an effective speed control measure. Mr. Jackson asked that Council give a high level of consideration to the request and consider all measures of traffic control.
- 3 - Committee of the Whole Report September 13th, 2010
Committee recommends that the deputation by Mr. Jackson be received.
Engineering and Public Works Department Report Number EPW 2010-24 Re: Request by Residents for Stop Signs on the 8th Concession and 15th Sideroad
Committee considered Engineering and Public Works Department Report Number EPW 2010-24 regarding a report to investigate the possibility of a four way stop at the intersection of the 8th Concession and the 15th Sideroad.
Committee recommends that Engineering and Public Works Department Report Number EPW 2010-24 be received, and the recommendations therein be approved, as follows:
1. That Report EPW 2010-24 be received as information.
2. That the traffic controls at the intersection of the 8th Concession and 15th Sideroad remain unchanged;
3. And that traffic volumes be measured periodically to determine if the Ontario Traffic Manual warrants for additional traffic controls on the 8th Concession at the 15th Sideroad are met.
C.O.W. #2010-199
DEPUTATIONS
(i) Greg Locke
Mr. Locke appealed for more ‘ART’ in King Township, meaning Accountability, Responsibility and Transparency and commented the naming process for the new facility is one of the worst displays of ‘ART’ he has seen. He remarked that Council will have to approve the recommendations to accept the naming proposal in this report otherwise the taxpayer will have to make up the difference in the construction costs.
Committee recommends that the deputation by Mr. Locke be received.
(ii) Steve Pellegrini
Mr. Pellegrini read from a prepared brief and outlined his concerns with the Expression of Interest (EOI) process King Township uses for securing the best deals on projects. Mr. Pellegrini suggested the most effective manner would be for the Economic Development Officer and the Mayor to actively promote this new centre, find individuals or businesses in King who would be willing to invest, and that staff take into account other important aspects of a sponsorship deal such as the pouring rights, the vending rights and the cost of operations. Mr. Pellegrini opined that this is a bad deal for King and that no one should enter into an agreement for fifty (50) years.
Committee recommends that the deputation by Mr. Pellegrini be received.
(iii) Henry Verbruggen
Mr. Verbruggen complimented Trisan Construction for being the only family and business in King Township to come forward and bid on the new facility naming rights. Mr. Verbruggen asked that Committee approve the recommendations in the staff report.
Committee recommends that the deputation by Mr. Verbruggen be received.
Parks, Recreation and Culture Department Report Number PR-2010-16 Re: Schomberg Arena and King Township Curling and Fitness Centre Naming Rights
Committee considered Parks, Recreation and Culture Department Report Number PR-2010-16 regarding a report to define the terms of sale of the Facility naming rights to Trisan Construction for use of the name, The Trisan Centre.
- 4 - Committee of the Whole Report September 13th, 2010
Committee recommends that Parks, Recreation and Culture Department Report Number PR- 2010-16 be received, and the recommendations therein be approved, as amended, as follows:
a) Parks, Recreation & Culture Department Report PR-2010-16 be received as information.
b) Council authorize the CAO, Township Solicitor and Director of Parks, Recreation & Culture to enter into a Memorandum of Understanding with Trisan Construction in the amount of $300,000.00 for the Schomberg Arena and King Township Curling and Fitness Centre (the Facility) exterior naming rights.
c) That Council approve ‘The Trisan Centre’ as the Facility name.
C.O.W. #2010-200
Planning Department Report Number P-2010-48 Re: Lots for Township Use (File No. 19T-08K02) Baldesarra and DiPede Municipal Capital Facilities Agreement
Committee considered Planning Department Report Number P-2010-48 to update and advise Committee/Council with respect to the provisions of the Baldesarra/DiPede Municipal Capital Facilities Agreement (MCFA) which requires the owner to convey lots to the Township.
Committee recommends that Planning Department Report Number P-2010-48 be received, and the recommendations therein be approved, as follows:
A. That Planning Report No. P-2010-48 be received as information;
B. That Planning and Finance staff be authorized to direct D. Bottero & Associates Limited to complete a valuation and appraisal report with respect to the lots to be conveyed to the Township in accordance with Part X of the Municipal Capital Facilities Agreement (MCFA) between the Township and Domenico Baldesarra, Deborah Baldesarra and Silvana DiPede, at the sole cost of the owner and at no cost to the Township;
C. That Planning and Finance staff report back to Committee of the Whole upon completion of the valuation and appraisal report referred to in recommendation “B” above in order to seek Committee’s direction with respect to proceeding with the conveyance of the lots to the Township or, in lieu of the conveyance of the lots, a payment to the Township based upon the fair market value of the lots;
D. That Planning and Finance staff consults with the Township Solicitor and report back to Committee of the Whole with respect to any agreement and/or amending agreement to the MCFA which may be necessary if Council determines a payment in lieu of the lots is preferred.
C.O.W. #2010-201
Planning Department Report Number P-2010-49 Re: Lot for Township Use; King City East Municipal Capital Facilities Agreement
Committee considered Planning Department Report Number P-2010-49 regarding an update and to advise Committee with respect to the provisions of the King City East Municipal Capital Facilities Agreement (MCFA) which require the owner to convey a lot to the Township.
Committee recommends that Planning Department Report Number P-2010-49 be received, and the recommendations therein be approved, as follows:
A. That Planning Report No. P-2010-49 be received as information;
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B. That Committee of the Whole provide direction to staff with respect to the Township’s preference to require the conveyance of a lot to the Township or, in lieu of the conveyance of the lot, the payment to the Township of the fair market value of the lot, all in accordance with Part X of the Municipal Capital Facilities Agreement (MCFA) between the Township and the King City East landowners group;
C. Should Committee of the Whole confirm that the Township’s preference is to require the payment to the Township of the value of the lot referred to in Recommendation “B” above, then:
i. Planning and Finance staff shall be authorized to direct D.Bottero & Associates Limited to complete an updated valuation and appraisal report with respect to the lot to be conveyed to the Township to establish the amount of the required payment to the Township from the King City East landowners group;
ii. Planning and Finance staff and the Township Solicitor coordinate with the King City East landowners group the payment and receipt of the required funds to the Township in accordance with Part X of the MCFA.
Note: The Director of Planning Department will bring Report No.: P-2010-49 back to the September 21st, 2010 Special Council Meeting for clarification.
C.O.W. #2010-202
Planning Department Report Number SPR-2010-08 Re: Site Plan Development Application 6045 15th Sideroad, Nobleton Owner: Regional Municipality of York Registered Plan Part Lot 10, Concession 9, Plan RY-K-30 Site Plan File: SPD-2010-32
Committee considered Planning Department Report Number SPR-2010-08 regarding a Site Plan Development Application to construct a one (1) million litre elevated drinking water tank with a height of approximately +/-47 metres (154 Feet) above ground level, and an associated drainage pond on subject lands located on a parcel of land at the southwest corner of Highway 27 and 15th Sideroad in Nobleton.
Committee recommends that Planning Department Report Number SPR-2010-08 be received, and the recommendations therein be approved, as follows:
A. That Planning Department Report SPR-2010-08 be received;
B. That the application submitted by the Regional Municipality of York to permit the construction of a one (1) million litre elevated drinking water tank and associated drainage pond be approved, and the requirement for a Site Plan Development agreement be waived;
C. That prior to the issuance of a Building Permit, the Owner shall have erected all erosion control devices to the satisfaction of the Director of Engineering & Public Works, or his designate. The Owner shall ensure during construction that the erosion control devices are inspected after every rainfall to ensure they are functioning as intended; and
D. That a copy of this report be provided to the Owner and the Building Department.
- 6 - Committee of the Whole Report September 13th, 2010
C.O.W. #2010-203
Administration Department Report Number ED-2010-01 Re: 2009/2010 Community Report
Committee considered Administration Department Report Number ED-2010-01 to present the Committee with a preview of the 2009/2010 Community Report.
Committee recommends that Administration Department Report Number ED-2010-01 be received, and the recommendations therein be approved, as follows:
a) That Administration Report No. ED-2010-01 be received for information.
b) That the 2009-2010 Community Report be received and adopted.
c) That the 2009-2010 Community Report be distributed to all Township households via Canada Post.
C.O.W. #2010-204
Administration Department Report Number ED-2010-02 Re: 2010 Soupfest: Transfer Payment Agreement
Committee considered Administration Department Report Number ED-2010-02 to advise Council of the Township’s successful funding application to the Ontario Market Investment Fund and resulting approval of receive $40,000 in financial support to deliver the 2010 Soupfest Event.
Committee recommends that Administration Department Report Number ED-2010-02 be received, and the recommendations therein be approved, as follows:
a) That Administration Report No. ED-2010-02 be received; and
b) That Council approve the Transfer Payment Agreement under the Ontario Market Investment Fund between the Town of Bradford West Gwillimbury/Township of King and the Province; and
c) That Council adopt the required By-law to execute the Transfer Payment Agreement with the Ministry of Agriculture, Food and Rural Affairs (OMAFRA) to be enacted by Council on September 13th, 2010.
C.O.W. #2010-205
Administration Department Report Number ADM 2010-04 Re: Collaborative Municipal Initiatives of the Six Northern Municipalities of York Region - Update
Committee considered Administration Department Report Number ADM 2010-04 regarding an update on two (2) specific collaborative initiatives among the Northern 6 Municipalities of York Region (Aurora, East Gwillimbury, Georgina, King, Newmarket and Whitchurch-Stouffville) and to obtain Council approval as necessary of the actions proposed.
Committee recommends that Administration Department Report Number ADM 2010-04 be received, and the recommendations therein be approved, as follows:
THAT Chief Administrative Officer Report 2010-04 dated September 13, 2010, regarding Collaborative Municipal Initiatives of the Six Northern Municipalities of York Region – Update be received and that Council endorse the proposed actions outlined in this report.
- 7 - Committee of the Whole Report September 13th, 2010
C.O.W. #2010-206
Administration Department/ The Sustainability Steering Committee Report Number ADM-2010-05 Re: Sustainability Progress Report
Committee considered Administration/The Sustainability Steering Committee Department Report Number ADM-2010-05 regarding an update on the progress made by the Sustainability Steering Committee (SSC) regarding sustainability initiatives outlined in Reports ADM-2009-05 and ADM-2009-12 and other initiatives that fall under the sustainability umbrella of the SSC.
Committee recommends that Administration/The Sustainability Steering Committee Department Report Number ADM-2010-05 be received, and the recommendations therein be approved, as follows:
A) Report ADM-2010-05 be received as information.
C.O.W. #2010-207
Engineering and Public Works Department Report Number EPW 2010-25 Re: MOE Annual Inspection of Drinking Water Systems
Committee considered Engineering and Public Works Department Report Number EPW 2010-25 regarding the findings and recommendations of the Ministry of the Environment (MOE) arising from their inspection of the operation of the Township’s drinking water systems.
Committee recommends that Engineering and Public Works Department Report Number EPW 2010-25 be received, and the recommendations therein be approved, as follows:
It is recommended that this report be received for information.
C.O.W. #2010-208 DEFERRED
Engineering and Public Works Department Report Number EPW 2010-22 Re: Subdivision Agreement Hickory Hills Investments Inc., File 19T-06K07
Committee considered Engineering and Public Works Department Report Number EPW 2010-22 to present the Hickory Hill Investments Inc. subdivision agreement to Council which describes the development and reviews several of the main aspects of the agreement and to receive authorization for the Mayor and Clerk to sign the agreement on behalf of the Township.
Councillor Mortelliti advised that he did not feel comfortable considering Engineering and Public Works Department Report Number EPW 2010-22, since there had not been sufficient time for Committee to review the agreement documents thoroughly.
Committee recommends that Engineering and Public Works Department Report Number EPW 2010-22 be DEFERRED to a Special Meeting of Council to be held on September 21, 2010.
C.O.W. #2010-209 DEFERRED
Engineering and Public Works Department Report Number EPW 2010-23 Re: Subdivision Agreement Osmington – 830184 Ontario Limited, File 19T-06K06
Committee considered Engineering and Public Works Department Report Number EPW 2010-23 to present the Osmington – 830184 Ontario Limited subdivision agreement to Council which describes the development and reviews several of the main aspects of the agreement and to receive authorization for the Mayor and Clerk to sign the agreement on behalf of the Township.
Committee recommends that Engineering and Public Works Department Report Number EPW 2010-23 be DEFERRED to a Special Meeting of Council to be held on September 21, 2010.
- 8 - Committee of the Whole Report September 13th, 2010
C.O.W. #2010-210
Engineering and Public Works Department Report Number EPW 2010-26 Re: Award of Supply and Delivery of Gasoline and Diesel Fuels – Tender 2010-T06
Committee considered Engineering and Public Works Department Report Number EPW 2010-26 to request Council approve the award of Tender No. 2010-T06 for the supply and delivery of gasoline and diesel fuels.
Committee recommends that Engineering and Public Works Department Report Number EPW 2010-26 be received, and the recommendations therein be approved, as follows:
1 That Tender 2010-T06 for the supply and delivery of gasoline and diesel fuels be awarded to Armstrong Petroleums Ltd. in the total amount of $508,616.70 (including H.S.T) for the 36 month period commencing October, 2010 and terminating September, 2013;
2 And That the necessary By-law be passed at the September 13th, 2010 Council meeting;
3 And that the Mayor and Clerk be authorized to sign the appropriate documents.
C.O.W. #2010-211 DEFERRED
Clerks’ Department Report Number CL-2010-39 Re: Appeal of the Notice of Intention to Designate “Shift” Sculpture, 12605 Keele Street, King City Update on Conservation Review Board Proceedings and Draft Covenant Agreement
Committee considered Clerks’ Department Report Number CL-2010-39 regarding the status of the proceedings with the Conservation Review Board (CRB) with respect to the appeal of the Intention to Designate the “Shift” Sculpture under the Ontario Heritage Act and the development of a covenant agreement with the owners of the property where the “Shift” sculpture is located.
Committee recommends that Clerks’ Department Report Number CL-2010-39 be DEFERRED to the Special Meeting of Council to be held on September 21, 2010.
C.O.W. #2010-212
Clerks’ Department Report Number CL-2010-33 Re: Schedule of Council/Committee Meetings for the 1st Quarter of 2011
Committee considered Clerks’ Department Report Number CL-2010-33 to provide a Schedule of Council/Committee Meetings for the first quarter of the Year 2011 for consideration.
Committee recommends that Clerks’ Department Report Number CL-2010-33 be received, and the recommendations therein be approved, as follows:
(a) That Report CL-2010-33 be received as information.
(b) That the Schedule of Meetings for Council/Committee Meetings for the first quarter of 2011 attached hereto as Appendix ‘A’ be approved and adopted.
C.O.W. #2010-213
Clerks’ Department Report Number CL-2010-40 Re: Appointing the Manager of By-law Enforcement as back up Livestock Valuer
Committee considered Clerks’ Department Report Number CL-2010-40 to advise of the need to appoint the Manager of By-law Enforcement as backup Livestock Valuer.
Committee recommends that Clerks’ Department Report Number CL-2010-40 be received, and the recommendations therein be approved, as follows: - 9 - Committee of the Whole Report September 13th, 2010
(a) Report CL-2010-40 be received as information.
(b) Council enact a By-law to appoint the Manager of By-law Enforcement for the Township of King as back-up Livestock Valuer, and to amend By-law Number 2007-18 by removing Brad Sloan as a Livestock Valuer.
C.O.W. #2010-214
Engineering and Pubic Works Department Report Number EPW-2010-27 Re: Awarding of Top Course HL3 Asphalt Paving of Various Streets in King City Contract No. 2010-T07
Committee considered Engineering and Public Works Department Report Number EPW-2010- 27 regarding the results of the tender opening of September 9, 2010 and recommend awarding of the contract.
Committee recommends that Engineering and Public Works Department Report Number EPW- 2010-27 be received, and the recommendations therein be approved, as follows:
a) That Fermar Paving Limited being lowest bidder with a total bid in the amount of $261,375.00 (excluding taxes) and meeting the terms and conditions of Tender 2010-T07 for the Paving of Various Streets in King City be awarded the contract and;
b) That Council enact By-law 2010-101 authorizing the Mayor and Clerk to execute the Contract between the Township of King and Fermar Paving Limited.
C.O.W. #2010-215
Engineering and Pubic Works Department Report Number EPW-2010-28 Re: Awarding of Tender Number 2010-T05 Asphalt Patching on Roads in the Township of King
Committee considered Engineering and Public Works Department Report Number EPW-2010- 28 regarding the awarding of Tender Number 2010-T05 for Asphalt Patching on Roads in the Township of King.
Committee recommends that Engineering and Public Works Department Report Number EPW- 2010-28 be received, and the recommendations therein be approved, as follows:
a) That Fermar Paving Limited being lowest bidder with a total bid in the amount of $63,170.11 (including H.S.T.) and meeting the terms and conditions of Tender 2010-T05 be awarded the contract for Asphalt Patching on Roads in the Township of King as noted;
b) That the necessary By-law be passed at the September 13, 2010 Council meeting authorizing the Mayor and Clerk to execute the contract.
NEW BUSINESS
C.O.W. #2010-216
Councillor Underhill Re: The 150th Anniversary of Kinghorn SS 23
Councillor Underhill advised that the King Township Museum Board of Management requests that the 150th Anniversary of Kinghorn SS 23 in 2011 be recognized by naming the former classroom in honour of Walter Rolling; that as next year, 2011, marks the 150th Anniversary of Kinghorn SS 23; the King Township Museum Board of Management respectfully requests that Council consider and approve the former classroom, currently used for education and meeting purposes as part of the King Township Museum complex, be officially named in honour of long time teacher and Principal, Walter Rolling.
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Councillor Underhill made a motion that Committee considered the request by the King Township Museum Board of Management. Motion Carried Unanimously.
Moved by Jack Rupke
Seconded by Bill Cober
THAT Items C.O.W. #2010-195, #2010-196, #2010-197, #2010-198, #2010-199, #2010-200, #2010-201, #2010-202, #2010-203, #2010-204, #2010-205, #2010-206, #2010-207, #2010-208, #2010-209, #2010-210, #2010-211, #2010-212, #2010-213, #2010-214, #2010-215 and #2010- 216 of the Committee of the Whole Report of September 13th, 2010 be adopted.
Without amendment/As amended Margaret Black, Mayor