April 18, 2006

REPORT TO DEVELOPMENT SERVICES COMMITTEE

SUBJECT: Town Transfer of Utility Easements to Bell Canada

Woodbine Mackenzie Subdivision, Phase 1

CONTACT/AUTHOR: Jim Baird/Alan Brown/David Melton X6380

RECOMMENDATION:

That the report entitled “Town Transfer of Utility Easements to Bell Canada, Woodbine Mackenzie Subdivision, Phase 1,” dated April 18, 2006 be received;

And that a by-law be enacted authorizing the Mayor and Clerk to execute the conveyance of an easement to Bell Canada in a form satisfactory to the Town Solicitor over part of Block 147, Plan 65M-3670, designated as Part 1, Plan 65R-26491, for the purpose of installing an above ground cabinet by Bell Canada;

And that such conveyance shall be granted by the Town of Markham to Bell Canada after the following conditions are met:

a) A payment of $1,000.00 plus G.S.T. for Legal expenses plus disbursements,

b) A payment of $1,000.00 plus G.S.T. in total for Engineering fees,

c) A payment of $1,000.00 plus G.S.T. in total for Landscape fees,

d) A payment of $10,000.00 for the easement, defined as Part 1, Plan 65R-26491,

e) Completion of all landscape works by September 30, 2006, as per approved landscape drawings dated April 1, 2005, for an approximate total cost of $28,500.00.

f) The Urban Design Department receiving a certificate of completion prepared by the landscape architect,

g) The Urban Design Department, in consultation with the Engineering Department, provide written confirmation of completion for the landscape works to the Legal Department.

And that the Development Service Commission and Legal Department report back with a policy as to the location, approval process, location and compensation for large utility vaults in new/existing communities.

EXECUTIVE SUMMARY:

Not applicable

FINANCIAL CONSIDERATIONS:

Bell must remit to the Town $1,000 plus disbursements for Legal fees, $1,000 for Engineering fees, and $1,000 for Landscape fees, to process the easement application. In addition, Bell Canada will provide a payment of $10,000 for the easement.

Alan Brown, C.E.T.

Director of Engineering

Jim Baird, M.C.I.P., R.P.P.

Commissioner of Development Services

In order to meet the increasing demand on telecommunication providers, companies such as Bell Canada need to install equipment which, because of its size, cannot be placed within the boulevard of a typical municipal road allowance. This equipment, commonly known as a Walk-in Cabinet (WIC), is approximately 3 meters long, 2 metres wide and 2 metres high and is mounted on an underground concrete chamber. (Attachment “A”)

All municipal road allowances, within a plan of subdivision, are designed to accommodate utility works such as Bell, Gas, and Hydro including the necessary aboveground works such as pedestals. Typically, these pedestals are approximately 0.6 metres in height and do not create a visual obstruction for residents or vehicles. The installation of larger units such as the one described above creates conflicts with other utilities, sight line conflicts for vehicles and are aesthetically unpleasing to the residents. Therefore, the preferred locations for these larger units are in open spaces or commercial areas where the conflicts with other utilities and the visual obstructions can be reduced through screening and buffering. There are however situations where a utility company may request easements from Markham to locate their vaults in lands owned (or to be owned) by the Town.

In 2002, Bell Canada advised the Cathedral developers and the Town of Markham that in order to provide telecommunications service in the Cathedral Community (see Attachment “B”) the installation of five “Walk In Cabinet Model CUE 50 units” would be necessary. In addition, an 8 metre by 8 metre (minimum) easement with road access for periodic maintenance would be required for each installation. To-date, two of the five units have been installed in the Cathedral area. The first unit is located on the east side of Woodbine Avenue north of Major Mackenzie Drive and the second unit is located within the park block of Cathedral Phase 1 on the west side of Woodbine Avenue south of the Victoria Square cemetery.

Staff met with representatives of Bell Canada in 2002 to discuss alternative locations for the first unit, now located on the east side of Woodbine Avenue north of Major Mackenzie Drive. The following locations were proposed (see Attachment “C”):

1) South side of Vine Cliff Boulevard, east of Woodbine Ave.,

2) east side of Woodbine Ave. south of Vine Cliff Blvd., and

3) east side of Woodbine Ave. approx. 130m south of Vine Cliff Blvd.

Alternatives 1 and 2 were not acceptable because of vehicle sight line conflicts, whereas, with alternative 3 the equipment can be setback from the roadway eliminating any vehicle sight lines conflicts. Subsequent to the above meeting, Bell Canada installed the equipment, without formal approval and conveyance of an easement by the Town of Markham, in September 2003. The location of the second unit, west side of Woodbine Avenue and south of Victoria Square was reviewed, approved, and the easement conveyed as part of the subdivision approval process.

As compensation for proceeding without approval for the installation of equipment on municipal owned land, Bell Canada has agreed to provide enhanced landscaping as shown on LP-1 (approximate value $28,500.00), to integrate their vault into the surrounding natural environment. The landscaping works are to be completed by September 30, 2006.

A preliminary landscape design was prepared by the MBTW Group (Landscape Architect) in April 2003 and reviewed by the Urban Design Division of the Town of Markham. A final landscaping design was approved on April 1, 2005. As shown on drawing LP-1 (Attachment “D”), the landscaping work consists of a semi circular armour stone retaining wall on the east side of the easement abutting the rear of the WIC, shrubs and trees in the area surrounding the unit and grading works which match to the existing grades of the abutting area at a cost of ±$28,500.00.