2007-11-13
COUNCIL MINUTES Council Chamber, Civic Centre
Meeting No. 17
ROLL
CALL
Mayor F.
Scarpitti, Deputy Mayor J. Jones (7:15 p.m.), Regional Councillor J. Heath,
Regional Councillor T. Wong, Regional Councillor G. Landon, Councillor V.
Burke, Councillor J. Virgilio, Councillor C. Moretti, Councillor J. Webster,
Councillor D. Horchik, Councillor L. Kanapathi.
(11)
REGRETS
Councillor E. Shapero, Councillor A. Chiu.
(2)
The Regular
Meeting of Council was held on November 13, 2007 at 7:00 p.m. in the Council Chamber, Civic Centre. Deputy Mayor J. Jones presided.
Deputy Mayor J. Jones vacated the Chair and Mayor F. Scarpitti assumed
the Chair at 7:15 p.m.
STAFF
J. Livey, Chief Administrative Officer
J. Baird, Commissioner of Development Services
A. Taylor, Commissioner of Corporate Services
C. Conrad, Town Solicitor
S. Birrell, Town Clerk
K. Kitteringham, Deputy Clerk
B. Cribbett, Treasurer
B. Nanninga, Executive Assistant
J. Wong, Technology Support Specialist
A. Seabrooke, Acting
Director, Library Services, Fire Services, Recreation and Culture
P. Loukes, Acting Director, Operations and
Water Works
1. DISCLOSURE OF PECUNIARY INTEREST
None declared.
2. MINUTES
(1) COUNCIL
MINUTES - OCTOBER 23, 2007
Minutes
Moved by
Regional Councillor G. Landon
Seconded by
Councillor L. Kanapathi
That the
Minutes of the Council Meeting held on October 23, 2007, be adopted.
CARRIED
3. PRESENTATIONS
(1) RECYCLING
COUNCIL OF ONTARIO
WASTE MINIMIZATION AWARD IN
THE MUNICIPAL CATEGORY
- SUSTAINABLE MUNICIPALITY
PLATINUM AWARD (12.2.6)
Ms.
Jo-Ann St. Goddard, Executive Director of the Recycling Council of Ontario,
presented to Council their highest and most prestigious Ontario Waste
Minimization Award in the Municipal Category - The Sustainable Municipality
Platinum Award. There was a brief slide
presentation.
The
Town of Markham's Mission Green waste management achievements were recognized
by the Recycling Council of Ontario. The
Sustainable Municipality Platinum Award specifically recognizes excellence and
commitment to a sustainable environment. In determining award recipients, the Recycling
Council of Ontario considers a municipality’s establishment and achievement of
measurable waste reduction targets, broad community involvement, education
programs, and commitment of funds and resources by the municipality, supportive
by-laws and policies, and expansion of services.
(2) FIRE
SERVICES FEDERAL EXEMPLARY SERVICE 20 YEAR MEDAL
AND PROVINCIAL LONG SERVICE 25
YEAR MEDAL (12.2.6)
Council presented the Fire
Services Federal Exemplary Service 20 Medal and Provincial Long Service 25 Year
Medal to the staff of the Fire Services Department.
The Fire Services Federal
Exemplary Service 20 Year Medals are awarded on the recommendation of the Fire Chief
to persons who on or after August 29, 1985 were members of the fire service,
have completed 20 years of exemplary service of which at least 10 years involved
duties of potential risk as determined by the Advisory Committee, has had no
serious disciplinary action taken against them and has a record of exemplary
service. The Provincial Long Service 25
Year Medal is awarded on behalf of the Province.
Mr. Bill
Snowball, Acting Fire Chief, provided a short introductory outlining the
criteria for receiving the medals and the career of the recipients.
Fire Services Federal
Exemplary Service 20 Year Medal
Scott Daniel, Captain
Mike Hallyburton, Captain
John Brassard, Firefighter
Walter Brinston, Firefighter
Cam Almasy, Firefighter
Dave Scott, Firefighter
Mike Bekking, Chief Training Officer
Clint Frotten, Training Officer
Mike Stevens, Training Officer
Don Kennedy, Training Officer
Provincial Long Service 25
Medal
Glenn Stephenson, Captain
(3) MARK
LIEVONEN
- INSIGNIA OF CHEVALIER
THE NATIONAL ORDER OF MERIT
(12.2.6)
Council
extended congratulations to Mr. Mark Lievonen for receiving the Insignia of
Chevalier, The National Order of Merit, presented by Ambassador Jouanneau of
France. Mr. Lievonen is a Markham
resident and the President of vaccine manufacturer, Sanofi Pasteur Limited.
4(a) REPORT NO. 58 - GENERAL COMMITTEE (October
22, 2007)
Council
consented to separate Clause (4).
Moved by Councillor
D. Horchik
Seconded by
Councillor C. Moretti
That Report
No. 58 - General Committee be received and adopted.
(1) EAST MARKHAM COMMUNITY
CENTRE AND LIBRARY (8.7)
Report 1 2 3
That the
report entitled “Programming & Charrette, East Markham Community Centre
& Library” be received;
And that
Council generally supports the recommended programs and associated space
requirements contained in this report and as presented by the Town’s retained
architectural/engineering services consultant, Shore Tilbe Irwin &
Partners;
And that staff
arrange a meeting between Council and representatives from Markham Stouffville
Hospital to discuss programs and service integration, prior to the Hospital’s
public consultation session on November 7, 2007;
And that staff
report back on comments made at General Committee on October 22, 2007 and with
the findings from the meeting with Hospital representatives;
And that
Council direct staff to conduct a follow-up public consultation Charrette to
refine the program and space requirements and solicit further input and
comments from stakeholders and the public, following the staff update report;
And that staff
report back of the findings of the aforementioned Charrette;
And further
that staff be authorized and directed to do all things necessary to give effect
to this resolution.
(2) 2007 ADVISORY COMMITTEE APPOINTMENTS (16.24)
Cycling and
Pedestrian Advisory Committee
That Mr.
Robert Hunn, Chair of the Advisory Committee on Accessibility, be appointed as
the Committee's representative to the Cycling and Pedestrian Advisory
Committee, for the term ending November 30, 2010.
(3) RECORD RETENTION - MAYOR’S FILES (12.1)
Report
That
the By-law No. 2001-101, “A By-law Establishing Schedules of Retention Periods
for all Records Kept by the Town of Markham “be amended to provide Retention
Periods for the Mayor’s records as outlined on Schedule “A”.
And
that Staff be authorized and directed to do all things necessary to give effect
to this resolution.
(By-law 2007-229)
CARRIED
(4) FIREWORKS BY-LAW AMENDMENTS UPDATE (2.3)
Report 1 UpdateMemo
That
the memo dated November 1, 2007 from the Town Clerk providing an updated on the
issues raised by Ms. E. Costello, Aird and Berlis, on behalf of the Canadian
Pyrotechnics Society, regarding inconsistencies in the proposed by-law, be
received;
That
the deputation from Ms. S. Greiner, All Star Fireworks, in opposition to the
proposed amendments to Fireworks By-law 2001-137 be received;
And
that the deputation from Ms. E. Costello, Aird and Berlis LLP, on behalf of the
Canadian Pyrotechnic Council, in support of the proposed amendments, with
reservations, be received;
And
that By-Law No. 2001-137, “Being a By-Law Respecting the Regulating, Licensing,
Sale and Discharge of Fireworks” be repealed and a new by-law respecting
the regulating, sale and discharge of fireworks be enacted for the purpose of:
- Allowing
the sale of family fireworks from businesses and mobile sales premises by
permit during the seven days immediately preceding Victoria and Canada
Day;
- Prohibiting
mobile vendors from locating or operating from any municipal street,
boulevard or road allowance;
- Requiring
insurance in the amount of two million dollars as a condition of obtaining
a permit;
- Requiring
unsold fireworks in excess of 25 kilograms gross weight be returned to the
manufacturer or the distributor within seven days of Canada Day and
Victoria Day to avoid the potential for inappropriate storage;
- Requiring
all permit holders to attend or have someone attend a fireworks training
and information seminar and to ensure a trained person is on site during
business operations;
- Requiring
a permit for the discharge of display and theatrical fireworks and
compliance with the Town’s Noise By-Law prior to the issuance of the
permit;
And
that By-Law No. 2002-276, “The Fee By-Law” be amended to provide for a $150 fee
for the required permit for sale of fireworks and the cost of training, with
provision for the waiver of the fee for not-for-profit corporations;
And
that Staff be authorized to make an application for set fine to assist with
enforcement of the by-law;
And
that Staff be authorized and directed to do all things necessary to give effect
to this resolution;
And
that staff review the by-law respecting the regulating, sale and discharge of
fireworks within one year and report back to General Committee on its effectiveness.
(By-laws
2007-230 and 2007-231)
CARRIED AS AMENDED
(See following motion to amend)
Moved by Regional Councillor J. Heath
Seconded by Regional Councillor G. Landon
That Clause (4), Report No. 58 be amended to
add the following as first and last paragraphs:
"That the
memo dated November 1, 2007 from the Town Clerk providing an updated on the
issues raised by Ms. E. Costello, Aird and Berlis, on behalf of the Canadian
Pyrotechnics Society, regarding inconsistencies in the proposed by-law, be received;
And that staff review the by-law respecting the regulating, sale and
discharge of fireworks within one year and report back to General Committee on
its effectiveness."
CARRIED
(5) PURCHASE
OF SPONSORSHIP
MAYOR’S ARTS DINNER – OCTOBER 25, 2007 (7.9)
Report 1
That Council purchases a corporate table to
attend the Mayor’s Dinner for the Arts at the Hilton Suites Markham, Thursday,
October 25. To be charged to account 840 8415840 not to exceed $3,000;
And that Council authorizes this purchase of
$2120.00 a projected over-expenditure of $5,245 in the 2007 Council Table
Promotion account, 840-841-5840 to be offset by other
favourable variances in Council Discretionary Advertising, Promotion and Special
Events accounts;
And that Staff be authorized and directed to do
all things necessary to give effect to this resolution.
(6) PURCHASE OF SPONSORSHIP
ARTZ DAY ANNUAL GALA - NOVEMBER 24, 2007(7.9)
Report 1
That Council purchases tickets for
Councillors wishing to attend the Artsz Day Annual Gala, Saturday, November 24,
2007 at the Hilton Suites Markham.
Tickets are $150 each and three Councillors have requested to
attend. To be charged to account 840
8415840;
And that Council authorizes a projected
over-expenditure of $3,125 in the 2007 Council Table Promotion account, 840-841-5840
to be offset by other favourable variances in the Council Discretionary
Advertising, Promotion and Special Events accounts;
And that Staff be authorized and directed to
do all things necessary to give effect to this resolution.
(7) GREEN BUILD INTERNATIONAL CONFERENCE AND
EXPO
NOVEMBER 7-9, 2007 – CHICAGO,
IL. (5.7)
Communication
That the itinerary for the 2007 Green Build International Conference
and Expo, November 7-9, 2007 to be held in Chicago, Il. be received;
And that Council approve a request by Councillor E. Shapero, Chair,
Environmental Sustainability Committee to attend the conference.
CARRIED
4(b) REPORT NO. 59 - GENERAL COMMITTEE (October
29, 2007)
Moved by
Councillor J. Virgilio
Seconded by
Councillor D. Horchik
That Report
No. 59 - General Committee be received and adopted.
(1) CLOSED MEETING INVESTIGATOR (13.2)
Presentation
That the presentation by Ms. K. Kitteringham, Deputy Town Clerk,
regarding a Closed Meeting Investigator be received;
And that Council appoint a closed meeting investigator in accordance
with Section 239.2(1) of the Municipal Act;
And that the Town utilize the service offered by Local Authority
Service (LAS) through the Association of Municipalities of Ontario (AMO) for
closed meetings investigations;
And that Legal staff prepare a draft appointment by-law &
agreement;
And that staff continue to monitor the Closed Meeting Investigator
service delivery experiences of other municipalities over the next year &
report back on same in December, 2008;
And that the Clerk correspond with all Town
Committees & Local Boards regarding post-Bill 130 procedural & closed
meeting requirements & provide training on same, as required.
(2) 2007
ADVISORY COMMITTEE APPOINTMENTS (16.24)
Animal Care Services Committee
That
the appointment of Bernice Royce to the Animal Care Services Committee for the
term to expire on November 30, 2009 be approved;
Mayor’s Youth Task Force
And that the following appointments to the Mayor’s Youth Task Force be
approved for the term September 1, 2007, to June 30, 2008:
Name School Grade
MARKHAM Vino Jeyapalan High
School 11
Vijay
Jeyapalan High School 11
Matthew
Biskup High School 12
Rebecca
Wang High School 11
Farheen
Alim High School 12
Shanthiya
Baheerathan High School 11
David
Li High School 12
UNIONVILLE Yanbo Guo High School 10
Jesse
Colautti High School 11
Giorgio
Proestos High School 12
Maha
Naqi High School 9
Joey
Loi Elementary
School 8
Vivian
Hui High School 12
Lavania
Hui High School 9
Timothy
Yap High School 12
Nancy
Wu High School 12
MILLIKEN Janelle Valestero High School 10
Samantha
Soto High School 10
Vetura
Jeyandran High School 11
Gauri
Gogna High School 11
Rimi
Sambi High School 10
Main Street Markham Committee
And that the
resignation of Mr. Shahid Mahmood from the Main Street Markham Committee be
received;
And that the
appointment of Mr. Ibrahim Ali to the Main Street Markham Committee be
confirmed.
(3) 2008 COUNCIL/COMMITTEE MEETING SCHEDULE
(16.0)
Calendar
That
the 2008 meeting schedule for Council and Standing Committees be approved.
(4) ENVIRONMENTAL
ASSESSMENT
WIDENING OF KENNEDY ROAD (5.10)
That the deputation from Mr. B. Solomon
regarding the Environmental Assessment for the widening of Kennedy Road be
received;
And that Regional staff report
back to Regional Transportation and Works Committee with an improved public
communication and consultation plan for Environmental Assessment processes;
And that York Region be
requested to hold additional public consultation sessions for the Kennedy Road
widening project in order to resolve outstanding issues;
And that Regional staff be
invited to a future meeting to provide a detailed update on the Kennedy Road
project.
(5) INSURANCE
COVERAGE FOR THE
2007 SANTA CLAUS PARADE (7.0, & 3.5.5)
Report
That the report entitled “Insurance Coverage
for the 2007 Markham Santa Claus Parade” be received;
And that the Rotary Club of Markham Sunrise
obtains $2 million of Commercial General Liability insurance coverage for the
2007 Santa Claus Parade naming the Corporation of The Town of Markham as
additional insured.
(6) PURCHASE
OF SPONSORSHIP
MARKHAM AFRICAN CARIBBEAN
ASSOCIATION ANNUAL SCHOLARSHIP DINNER
NOVEMBER 3, 2007 (7.9)
Report 1
That
Council purchases tickets for Councillors wishing to attend the Markham African
Caribbean Association Annual Scholarship Dinner on Saturday November 3, 2007 at
the Premier Ballroom & Convention Centre.
To be charged to account 840 8415840 not to exceed $3000;
And
that Council authorizes this purchase of four tickets at the cost of $75.00 for
a total of $300.00 a projected over-expenditure of $5,545 in the 2007 Council
Table Promotion account, 840-841-5840 to be offset by other favourable
variances in Council Discretionary Advertising, Promotion and Special Events
accounts;
And
that Staff be authorized and directed to do all things necessary to give effect
to this resolution.
(7) PURCHASE
OF SPONSORSHIP
CHARLES SAURIOL ENVIRONMENTAL DINNER
WEDNESDAY, NOVEMBER 7, 2007 (7.9)
Report 1
That
Council purchases tickets for Councillors wishing to attend the Charles Sauriol
Environmental Dinner on Wednesday, November 7, 2007 at the Pearson Convention
Centre Brampton. To be charged to
account 840 8415840 not to exceed $3000;
And
that Council authorizes this purchase of five tickets at the cost of $150.00
for a total of $750.00 a projected over-expenditure of $6,295 in the 2007
Council Table Promotion account, 840-841-5840 to be offset by other favourable
variances in Council Discretionary Advertising, Promotion and Special Events
accounts;
And
that Staff be authorized and directed to do all things necessary to give effect
to this resolution.
CARRIED
4(c) REPORT NO. 60 - GENERAL COMMITTEE
(November 5, 2007)
Council
consented to separate Clause (3).
Moved by
Regional Councillor G. Landon
Seconded by
Councillor J. Virgilio
That Report
No. 60 - General Committee be received and adopted.
(1) MINUTES
OF THE OCTOBER 17, 2007
MARKHAM ADVISORY COMMITTEE ON
ACCESSIBILITY COMMITTEE (16.0)
Minutes
That the
minutes of the Markham Advisory Committee on Accessibility meeting held on
October 17, 2007 be received;
And that the
following recommendation of the Committee be approved:
"That the resident’s request for fee relief for on street parking
adjacent to her home be denied;
And that all
future requests with respect to fee relief for street parking fees due to
matters relating to disability be referred to the Markham Advisory Committee on
Accessibility to be considered on a case by case basis."
(2) 2007 ADVISORY COMMITTEE APPOINTMENTS
(16.24)
Markham Race Relations
Committee
That the
resignation of Mr. Warren Ali from the Markham Race Relations Committee
be received with regret;
And that the
vacant position be included with all other upcoming advisory committee
vacancies being considered in the fall of 2007;
Leash Free Markham
Committee
And that the
following persons be appointed to the Leash Free Markham Committee for the term
ending November 30, 2008:
Robert Bowman
Alan Glushko
Robert Goddard
CARRIED
(3) PROPOSED
2008 WATER/WASTE WATER
RATE INCREASE (7.4, & 7.5)
Report 1
That the report dated November 5, 2007
entitled “Proposed 2008 Water/Wastewater Rate Increase” be received;
And that staff be authorized to hold a public
meeting on November 20, 2007 at 6:45 p.m. on the proposed 2008 Water/Wastewater
rate increase;
And that the
proposed 2008 Water/Wastewater rate increase be equivalent to the Region of
York’s (“Region”) proposed increase of 6.35% (Appendix A – Region of York Water
& Wastewater Increase from 2002 to Proposed 2008) resulting in an increase
in the Town of Markham’s (“Town”) Water/Wastewater rate of $0.1006 per cubic
metre (m3);
And that in
addition to the Region’s increase, a Water/Wastewater Infrastructure Surcharge
of $0.4137 will be phased-in over 10 years effective January 1, 2008 with an
increase of $0.0827/m3 (20% of total increase) in 2008
and an increase of $0.0621/m3 (15% of total increase) in
2009. The remaining 65% increase of
$0.2689 will be spread evenly over the following 8 years which is equivalent to
an increase of $0.0336/m3 per year from 2010 to 2017 inclusive. The Infrastructure Surcharge will be applied
to the Water/Wastewater rate to address the ongoing replacement and
rehabilitation requirements for Waterworks infrastructure;
And further
that any potential Infrastructure Surcharges in addition to the above will be
brought forward to Council through the annual Water/Wastewater Reserve Update
and Budget discussions.
CARRIED
4(d) REPORT NO. 61 - DEVELOPMENT SERVICES
COMMITTEE (NOV. 6, 2007)
(1) INTENTION TO DESIGNATE
UNDER PART IV OF THE ONTARIO
HERITAGE ACT
AND HERITAGE EASEMENT
AGREEMENT
TOMLINSON HOUSE AND STORE
8953 WOODBINE AVENUE
WALKER AND MARCHAND HOLDINGS
INC. (16.11.3)
Report Attachment
That
as recommended by Heritage Markham, the Tomlinson House and Store, and Craig
Blacksmith Shop– 8953 Woodbine Avenue be approved for designation under Part IV
of the Ontario Heritage Act as a property of cultural heritage value or
interest;
That the
Clerk’s Department be authorized to publish and serve Council’s Notice of
Intention to Designate as per the requirements of the Ontario Heritage Act;
That
if there are no objections to the designation in accordance with the provisions
of the Ontario Heritage Act, the Clerk be authorized to place a
designation by-law before Council for adoption;
That
if there are any objections in accordance with the provisions of the Ontario
Heritage Act, the Clerk be directed to refer the proposed designation to
the Ontario Conservation Review Board.
That the Mayor and Clerk be authorized to
execute a Heritage Easement Agreement with the property owner, and any other
documents required to give effect thereto, in a form satisfactory to the Town Solicitor.
And that staff be authorized and directed to
do all things necessary to give effect to this resolution
(By-law
2007-232)
(2) ACCEPTANCE FOR MAINTENANCE
OF RESIDENTIAL
SUBDIVISIONS
REGISTERED PLAN NUMBERS
65M-2961,
65R-15872, 65R-21937, 65M-3322,
65R-19336 PARTS 1 & 2
65M-3513, 65M-3514, 65M-3731, 65M-3489,
65M-3490
EXCEPT BLOCK 1, 65M-3491
EXCEPT BLOCK 1,
65M-3488 EXCEPT BLOCKS 1,2,3
& 20, 65M-3721,
65M-3546, 65M-3552, 65M-3581,
65M-3583,
65M-3636, 65M-3763, 65M-3867
(10.7)
Report By-laws
That
the report entitled “Acceptance for Maintenance of Residential Subdivisions
Registered Plan Numbers 65M-2961, 65R-15872, 65R-21937, 65M-3322, 65R-19336
Parts 1 & 2, 65M-3513, 65M-3514, 65M-3731, 65M-3489, 65M-3490 except Block
1, 65M-3491 except Block 1, 65M-3488 except Blocks 1,2,3 & 20, 65M-3721,
65M-3546, 65M-3552, 65M-3581, 65M-3583, 65M-3636, 65M-3763, 65M-3867, dated
November 6, 2007, be received;
And
that the services in Subdivision Registered Plan Numbers 65M-2961, 65R-15872,,
65R-21937, 65M-3322, 65R-19336 Parts 1 & 2, 65M-3513, 65M-3514, 65M-3731,
65M-3489, 65M-3490 except Block 1, 65M-3491 except Block 1, 65M-3488 except
Blocks 1,2,3 & 20, 65M-3721, 65M-3546, 65M-3552, 65M-3581, 65M-3583,
65M-3636, 65M-3763, 65M-3867 dated November 6, 2007 be Accepted for Maintenance;
And
that by-laws be enacted by Council to accept these subdivisions and to
establish each of the roads within the residential subdivisions as a public
highway of the Town of Markham;
And
that the Community Services Commission accept the responsibility for operating
and maintaining the infrastructure within the subdivisions as part of the
Town’s system;
And
that acceptance of the subdivision be taken into consideration in future
operating budgets;
And
that the by-law to amend Schedule ‘12’ of Traffic By-law #106-71, by including
compulsory stop to the indicated streets, be approved;
And
that the by-law to amend Schedule ‘A’ of the Speed By-law #105-71, by including
a maximum speed of 40 kilometers per hour for the streets indicated, be
approved;
And
that the by-law to amend Schedule ‘F’ of the speed By-law # 105-71, by
including a maximum speed of 50 kilometers per hour for the streets indicated,
be approved;
And
that the by-law to amend Schedule ‘C’ of the Parking By-law # 2005-188, by
including no parking on the streets indicated, be approved;
And
that the Mayor and Clerk be authorized to execute the necessary releases from
the terms of the Subdivision Agreements, subject to confirmation from the
Director of Engineering that the final two year guarantee periods have been
completed;
And
that Staff be authorized and directed to do all things necessary to give effect
to these resolutions.
(By-laws
2007-233 to 2007-252)
(3) PROPOSED WINTER ENVIRONMENTAL
ART EVENT FOR 2008 (6.5)
Report
That the report to Development Service Committee dated November 6, 2007
entitled “Proposed Winter Environmental
Art Event for 2008” be received;
That staff and the Markham Public Art Advisory Committee undertake a
“Winter Environmental Art Event” in February 2008 at Toogood Pond;
And that funding to a maximum of $20,000 be provided from Planning and
Urban Design’s Capital Account #56-5350-5293-005, “Town Wide Public Art” for
all costs associated with administering and implementing the “Winter
Environmental Art Event”;
And that staff provide regular updates to Development Services
Committee on the status of the 2008 Winter Environmental Art Event.
And
further that staff be authorized and directed to do all things necessary to
give effect to this resolution.
(4) MAKE IT HAPPEN TASK FORCE
RECOMMENDATIONS (10.0)
Report Appendix
A Appendix
B Appendix
C
That
the Report dated November 6, 2007 entitled “Make it Happen Task Force
Recommendations” be received and endorsed;
And
that staff be authorized to develop action plans around the recommendations and
process improvements, and provide regular progress reports to Development
Services Committee;
And
that Staff be authorized and directed to do all things necessary to give effect
to this resolution.
(5) SIGN VARIANCE 5995 MAJOR MACKENZIE DRIVE (2.16.2)
Report Attachment
That the ground sign variance, application # 07 115067, submitted by Cranford
Developments Ltd., be granted to ensure sufficient advertisement for the full
service station.
(6) DEMOLITION PERMIT APPLICATION 07 126093
DP
HOUSE DEMOLITION
STEVE MAINI (AGENT);
LORENZO AND LENA CUOZZO
(OWNERS), 1 STATION STREET
MARKHAM VILLAGE HERITAGE
CONSERVATION DISTRICT (16.11.3)
Report Attachment
That
in accordance with the recommendation of Heritage Markham, Council grant the
demolition permit application for the single detached house at 1 Station
Street, on the basis that the house is of minor heritage significance in terms
of its architectural, historical and contextual value;
That
the applicant be requested to work with Town staff and Heritage Markham to
discuss redevelopment options in keeping with the policies and guidelines of
the Markham Village Heritage Conservation District Plan;
That
the applicant be notified of Council’s decision as per the requirements of the Ontario
Heritage Act;
And
that Staff be authorized and directed to do all things necessary to give effect
to this resolution.
(7) PROPOSED WORK PROGRAM FOR THE
DIRECTED GROWTH STRATEGY
LEADING TO A NEW OFFICIAL PLAN
(10.0)
Report Attachment
That
the report entitled “Proposed Work Program for a Directed Growth Strategy
Leading to a New Official Plan”, dated
November 6, 2007, be received;
And
that staff consider whether the development of a sub-committee would be
beneficial and what the mandate would
be;
And
staff along with members of Committee consider altering the name to include the
word future and incorporate that the Town of Markham is part of a Regional and
Provincial Plan;
And
that the Director of Planning and Urban Design be directed to proceed with the
work program for a Directed Growth Strategy leading to a New Official Plan, as
outlined in the report, including:
·
the project
phases outlined,
·
arrangements for
designing the consultation/communication program and completing the required
studies,
·
arrangements for
staffing and consultants, and,
·
analysis leading
to recommendations for a preferred growth option,
subject
to required budget approvals by Council;
And
that Hemson Consulting Limited be retained as the preferred supplier to assist
the Town in completing technical analyses for the growth forecasts, and for the
development and evaluation of growth options, and related work, subject to
required budget approvals by Council;
And
that the 2008 Capital Budget requests to fund work relating to the preparation
of a Directed Growth Strategy be approved through the ongoing budget process;
And
that Staff report further, as necessary, in regard to individual components of
the work program;
And
that Staff be authorized and directed to do all things necessary to give effect
to this resolution.
(8) PARTICIPATION IN THE
RICHMOND HILL
MARKHAM CHINESE BUSINESS
ASSOCIATION/MARKHAM BOARD OF
TRADE
BUSINESS MISSION TO CHINA (10.16)
Report Attachment
That the report entitled “Markham’s Participation in the Richmond Hill Markham Chinese Business Association/Markham Board of
Trade Mission to China” be received,
That the Town be represented by a four person delegation composed of
the Mayor, the Chair of the Economic Development Committee, the Director of the
Economic Development Department, and the Manager Special Projects, Economic
Development,
And that the cost of the mission not exceed $42,000.00 and be expensed
from within the proposed 2008 “China and India Investment Attraction Program”
Capital Budget,
And Further that Council pre-approve the 2008 “China and India
Investment Attraction Program” Capital Budget.
CARRIED
5. COMMUNICATIONS
Council
consented to add Communications 82-2007 and 83-2007 and to separate
Communication 80-2007.
Moved by
Councillor J. Webster
Seconded by
Regional Councillor T. Wong
That Council
receive and consent to the disposition of Communication Nos. 75-2007 to 79-2007
and 81-2007 to 83-2007 as outlined herein.
Moved by
Regional Councillor J. Heath
Seconded by
Councillor J. Webster
That Council
receive and consent to the disposition of Communication No. 80-2007 as outlined
herein.
Received
75-2007 Darryl
Goldstein, Thornhill Lodge of B'nai Brith Canada - Forwarding comments with
respect to the proposed Fireworks By-law. (2.3)
(Clause 4, Report No. 58, 2007) (By-law 2007-230)
Letter
76-2007 David Porter,
President and Owner of Wizard Fireworks - Forwarding comments with respect to
the proposed Fireworks By-law. (2.3)
(Clause 4, Report No. 58, 2007) (By-law 2007-230)
Letter
Referred to all Members of Council
77-2007 Liquor Licence
Application - Forwarding a request to complete the Alcohol and Gaming
Commission Municipal Information Form for Caribbean Starr, 6001 14th
Avenue, Units 3B & 4B (indoor) (3.21)
Info
Referred to Town Clerk
78-2007 Office of the
Ombudsman of Ontario - Forwarding general information relating to investigation
of closed meetings. (13.2)
(Clause 1, Report No. 59, 2007)
Letter
Referred to Town Solicitor & Commissioner
of Development Services
79-2007 Ontario
Municipal Board - Forwarding a Procedural Order for the hearing scheduled for
Monday, February 4, 2008 at 10:30 a.m. regarding the appeals for the following
properties:
- 139, 195, 196, 198, 201, 203 and 205 Langstaff Road East
- 21, 3 and 5 Essex Avenue. (13.13)
Letter
Referred to Town Solicitor & Commissioner
of Development Services
80-2007 Ontario
Municipal Board - Advising that the appeals have been withdrawn regarding the
applications for Lindvest Properties (Cornell) Limited, south of Highway 7 and
east of 9th Line. (By-law 2007-186) (13.13 & 10.3, 10.5, 10.7, 10.6)
Letter
81-2007 Ontario
Municipal Board - Advising that the appeals submitted by E.M.K. Construction
Ltd. and Treelawn Construction Ltd. have been withdrawn regarding Official Plan
Amendment No. 140, Rouge North Management Area/Greenbelt Official Plan
Amendment. The Board will proceed with the
remaining appeals filed by 1463069 Ontario Limited, 1512406 Ontario Limited,
Kennedy Elgin Developments Limited, Warden Mills Developments Limited, Major
Kennedy Developments Limited, 1212763 Ontario Limited, MacKenzie 48 Investments
Limited, Colebay Investments Inc., Summerlane Realty Corp., Firwood Holdings
Inc., Highcove Investments, Guscon Enterprises Ltd. and Mary Margaret Shank.
(13.13 & 10.3)
Letter
Received
82-2007 Joe Rastin,
Rocket Fireworks Inc. - Forwarding comments with respect to the proposed
Fireworks By-law. (2.3)
(Clause 4, Report No. 58, 2007) (By-law 2007-230)
Letter
83-2007 Eileen P.
Costello, Aird & Berlis LLP, on behalf of the Canadian Pyrotechnics Society
- Providing comments to highlight their review on the memo dated November 1,
2007 from the Town Clerk reporting issues raised at the October 22, 2007
General Committee regarding the inconsistencies in the proposed Fireworks By-law.
(2.3)
(Clause 4, Report No. 58, 2007) (By-law 2007-230)
Letter
CARRIED
6. PROCLAMATION
Council
consented to add Proclamation (1).
(1) PROCLAMATIONS (3.4)
Info
Moved by
Regional Councillor T. Wong
Seconded by
Councillor J. Webster
That the
following be proclaimed in the Town of Markham:
- Bullying and Violence Awareness Week -
November 19 to 23
And that the Corporate Communications Department be
requested to publish the above proclamation in the local newspapers.
CARRIED
7. OTHER BUSINESS
(1) SALE OF SURPLUS TOWN PROPERTY
LOT 6, PLAN 65M-2761, 12
HERITAGE CORNERS LANE
JOHN KOCH HOUSE (16.11.3 &
8.5)
Info
NOTICES
OF PROPOSED SALE
TOWN
OF MARKHAM
PROPOSED
SALE OF SURPLUS REAL PROPERTY
(Pursuant
to By-law 178-96)
Moved by
Regional Councillor G. Landon
Seconded by
Councillor C. Moretti
That the notice of proposed sale for the Town owned
lands legally described as Lot 6, Plan 65M-2761, municipally know as 12 Heritage
Corners Lane, be confirmed.
(In-Camera (2)
- Oct. 23, 2007) (By-law 2007-253)
CARRIED
(2) LICENSING HEARING 07-8 - "ALYS
HEALTH"
333 DENISON STREET, UNIT 11,
MARKHAM (2.0)
Moved by Councillor D. Horchik
Seconded by Regional Councillor J. Heath
That a licence to own and operate a body-rub
parlour, known as Alys Health, at 333 Denison Street, Unit 11, Markham,
Ontario, be revoked immediately pursuant to By-law 2002-292, A By-law
Respecting the Licensing and Inspecting of Body-rub Parlours and Attendants;
And that pursuant to section 25(1) of the
Statutory Powers Procedure Act, this decision not be stayed by any appeal of
this decision that may be instituted in the courts.
CARRIED
(3) 1039954 ONTARIO LIMITED SOUTHEAST CORNER
OF
MAJOR MACKENZIE DRIVE &
RALPH CHALMERS AVENUE
WISMER COMMONS COMMUNITY ZA 07
108332 (10.7. 10.5)
Memo
Moved by
Regional Councillor G. Landon
Seconded by
Councillor C. Moretti
That the memorandum
dated November 13, 2007 from the Commissioner of Development Services providing
an updated with respect to the application submitted by 1039954 Ontario Limited
for amendments to Zoning By-laws 304-87 and 177-96, be received;
And that the amendments to Zoning By-laws 304-87, as
amended and 177-96, as amended, be enacted without further notice;
And that servicing allocation for 11 units (33.9
population) be granted to plan of subdivision 19TM-02016 - Phase 3 from the
total allocation for the Wismer Commons Community, as assigned in accordance
with the June 20, 2006 report on servicing allocation.
(By-laws 2007-254
and 2007-255)
CARRIED
8. BY-LAWS
Moved by
Regional Councillor J. Heath
Seconded by
Regional Councillor T. Wong
That By-laws 2007-229
to 2007-259 be given three readings and enacted.
Three Readings
BY-LAW 2007-229 A by-law to amend By-law 2001-101, a by-law establishing
schedules of retention periods for all records kept by the Town of Markham (To revise
record retention periods for the Mayor's Office).
(Clause 3, Report No. 58, 2007)
By-law
BY-LAW 2007-230 A by-law respecting the regulating, sale and discharge of
fireworks (Fireworks By-law) (Repeals Fireworks By-law 2001-137).
(Clause 4, Report No. 58, 2007)
By-law
BY-LAW 2007-231 A by-law to amend Fee By-law 2002-276 (Sale of fireworks and cost
of training).
(Clause 4, Report No. 58, 2007)
By-law
BY-LAW 2007-232 A by-law to authorize the execution of Heritage Easement
Agreement (Tomlinson House and Store, 8953 Woodbine Avenue)
(Clause 1, Report No. 61, 2007)
By-law
BY-LAW 2007-233 A by-law to amend Traffic By-law 106-71 (65M-2961, 65R-15872,,
65R-21937, 65M-3322, 65R-19336 Parts 1 & 2, 65M-3513, 65M-3514, 65M-3731,
65M-3489, 65M-3490 except Block 1, 65M-3491 except Block 1, 65M-3488 except
Blocks 1,2,3 & 20, 65M-3721, 65M-3546, 65M-3552, 65M-3581, 65M-3583,
65M-3636, 65M-3763, 65M-3867 - To implement compulsory stop signs).
(Clause 2, Report No. 61, 2007)
By-law
BY-LAW 2007-234 A by-law to amend Speed By-law 105-71 (65M-2961, 65R-15872,,
65R-21937, 65M-3322, 65R-19336 Parts 1 & 2, 65M-3513, 65M-3514, 65M-3731,
65M-3489, 65M-3490 except Block 1, 65M-3491 except Block 1, 65M-3488 except
Blocks 1,2,3 & 20, 65M-3721, 65M-3546, 65M-3552, 65M-3581, 65M-3583,
65M-3636, 65M-3763, 65M-3867 - To implement a maximum speed of 40 kilometers
per hour).
(Clause 2, Report No. 61, 2007)
By-law
BY-LAW 2007-235 A by-law to amend Speed By-law 105-71 (Bur Oak Avenue from
McCowan Road to Trailbrook Terrace - To implement a maximum speed of 50
kilometers per hour). (Clause 2, Report No. 61, 2007)
By-law
BY-LAW 2007-236 A by-law to amend Parking By-law 2005-188 (65M-2961, 65R-15872,,
65R-21937, 65M-3322, 65R-19336 Parts 1 & 2, 65M-3513, 65M-3514, 65M-3731,
65M-3489, 65M-3490 except Block 1, 65M-3491 except Block 1, 65M-3488 except
Blocks 1,2,3 & 20, 65M-3721, 65M-3546, 65M-3552, 65M-3581, 65M-3583,
65M-3636, 65M-3763, 65M-3867 - To prohibit parking). (Clause 2, Report No. 61,
2007)
By-law
BY-LAW 2007-237 A by-law to establish streets laid out according to Plan of
Subdivision 65M-2961 as public highway (Cedarland Properties Limited, Part of
Block 91, Plan 65M-2092 - Manston Crescent).
(Clause 2, Report No. 61, 2007)
By-law
BY-LAW 2007-238 A by-law to establish streets as public highway being Part of Lot
1, Concession 6, designated as Parts 5 and 13, Plan 65R-15872 (Cedarland
Properties Limited - Manston Crescent). (Clause
2, Report No. 61, 2007)
By-law
BY-LAW 2007-239 A by-law to establish streets as public highway being Part of
Block 183, Plan 65M-2094, designated as Part 24, Plan 65R-21937 (Forest Bay
Homes Ltd. - Aldergrove Drive). (Clause
2, Report No. 61, 2007)
By-law
BY-LAW 2007-240 A by-law to establish streets as public highway being Part of
Lots 3 and 4, Concession 7, designated as Parts 1 and 2, Plan 65R-19336 (Forest
Bay Homes Ltd. Fonda Drive). (Clause 2,
Report No. 61, 2007)
By-law
BY-LAW 2007-241 A by-law to establish streets laid out according to Plan of
Subdivision 65M-3513 as public highway (Forest Bay Homes Ltd., Part of Lot 4,
Concession 7 - Middlefield Road, Highglen Avenue and Fonda Road).
(Clause 2, Report No. 61, 2007)
By-law
BY-LAW 2007-242 A by-law to establish streets laid out according to Plan of
Subdivision 65M-3514 as public highway (Forest Bay Homes Ltd., Part of Lot 4,
Concession 7 - Highglen Avenue). (Clause
2, Report No. 61, 2007)
By-law
BY-LAW 2007-243 A by-law to establish streets laid out according to Plan of
Subdivision 65M-3731 as public highway (Wynberry Developments Inc., Part of Lot
17, Concession 7 - Edward Jeffreys Avenue, Everett Street, Kentland Street,
Hammersly Boulevard and Monkhouse Road).
(Clause 2, Report No. 61, 2007)
By-law
BY-LAW 2007-244 A by-law to establish streets laid out according to Plan of
Subdivision 65M-3489 as public highway (Amber Plain Investments Limited, Part
of Lot 18, Concession 7 - Bur Oak Avenue and Roy Rainey Avenue).
(Clause 2, Report No. 61, 2007)
By-law
BY-LAW 2007-245 A by-law to establish streets laid out according to Plan of
Subdivision 65M-3491 as public highway (Amber Plain Investments Limited, Part
of Lot 18, Concession 7 - Bur Oak Avenue).
(Clause 2, Report No. 61, 2007)
By-law
BY-LAW 2007-246 A by-law to establish streets laid out according to Plan of
Subdivision 65M-3488 as public highway (Amber Plain Investments Limited, Part
of Lots 17 and 18, Concession 7 - Edward Jeffreys Avenue, Golden Meadow Drive
and Monkhouse Road). (Clause 2, Report
No. 61, 2007)
By-law
BY-LAW 2007-247 A by-law to establish streets laid out according to Plan of
Subdivision 65M-3721 as public highway (Angus Glen Village Ltd., Part of Lot
19, Concession 5 and Part of Lot 14, Plan 65M-3176 - Angus Glen Boulevard). (Clause 2, Report No. 61, 2007)
By-law
BY-LAW 2007-248 A by-law to establish streets laid out according to Plan of
Subdivision 65M-3581 as public highway (Abidien Inc., Part of Lot 4, Plan 2196
- Ray Street, Ian Baron Avenue, Lane A and Lane B).
(Clause 2, Report No. 61, 2007)
By-law
BY-LAW 2007-249 A by-law to establish streets laid out according to Plan of
Subdivision 65M-3583 as public highway (Abidien Inc, Part of Lots 4 and 5, Plan
2196 - Ian Baron Avenue, Harry Cook Drive and Lane A).
(Clause 2, Report No. 61, 2007)
By-law
BY-LAW 2007-250 A by-law to establish streets laid out according to Plan of
Subdivision 65M-3636 as public highway (Karvon Enterprises Ltd., Part of Lot
16, Concession 8 and Part of Lots 1 and 2, Plan 4299- Autumnglen Road, Forest
Valley Road, Maple Ridge Crescent and Willow Trail Road).
(Clause 2, Report No. 61, 2007)
By-law
BY-LAW 2007-251 A by-law to establish streets laid out according to Plan of
Subdivision 65M-3763 as public highway (Woodbine Mackenzie Developments
Limited, Part of Lots 22 and 23, Concession 4 - Atlas Peak Drive, Pillar Rock
Crescent, Sequoia Grove Drive, Stony Hill Boulevard, Vine Cliff Boulevard,
Winter Creek Crescent, Lane A, Lane B, Lane C, Lane D and Lane E). (Clause 2, Report No. 61, 2007)
By-law
BY-LAW 2007-252 A by-law to establish streets laid out according to Plan of
Subdivision 65M-3867 as public highway (Woodbine Mackenzie Developments
Limited, Part of Lot 23, Concession 4 - Lane A).
(Clause 2, Report No. 61, 2007)
By-law
BY-LAW 2007-253 A by-law to authorize the Mayor and Clerk to execute an Agreement
of Purchase and Sale between Holly MacDonald and Anthony Nehme and the Town of
Markham (John Koch House, 12 Heritage Corners Lane, Lot 6, Plan 65M-2761)
(In-Camera (2) - Oct. 23, 2007) (Other Business (1))
By-law
BY-LAW 2007-254 A by-law to amend Zoning By-law 304-87, as amended (1039954
Ontario Limited, southeast corner of Major Mackenzie Drive & Ralph Chalmers
Avenue, Part of Lot 20, Concession 7, Wismer Commons Planning District - To
delete the subject lands from the designated area of By-law 304-87, as amended,
so that the lands may be incorporated within the designated area of By-law
177-96, as amended, to permit the development of one single-detached dwelling
and ten semi-detached dwellings).
(Other Business (3))
By-law
BY-LAW 2007-255 A by-law to amend Zoning By-law 177-96, as amended (1039954
Ontario Limited, southeast corner of Major Mackenzie Drive & Ralph Chalmers
Avenue, Part of Lot 20, Concession 7, Wismer Commons Planning District - To
permit the development of one single-detached dwelling and ten semi-detached
dwellings).
(Other Business (3))
By-law
BY-LAW 2007-256 A by-law to dedicate certain lands as part of the highways of the
Town of Markham (Plan 65M-3804, Block 271 - Michelina Terrace, Block 272 -
Oakmoor Lane, Block 273 - Lane 18, Block 274 - Black Pine Road, Block 275 -
Lane 17, Blocks 276 & 277 - Foxton Road, Block 278 - Outer Banks Drive,
Block 279 - Dalton Gardens Lane and Block 280 - Abberley Street).
By-law
BY-LAW 2007-257 A by-law to dedicate certain lands as part of the highways of the
Town of Markham (Block 167, Plan 65M-3633 - Fred McLaren Boulevard; Block 214
and 215, Plan 65M-3519 - Castlemore Avenue; Block 129, Plan 65M-3794 - Herbert
Calbert Drive; Blocks 130 & 131, Plan 65M-3794 - Castlemore Avenue).
By-law
BY-LAW 2007-258 A by-law to dedicate certain lands as part of the highways of the
Town of Markham (Part of Block 168, Plan 65M-3633, designated as Part 1, Plan
65R-30387 - Kindy Street and Part of Block 168, Plan 65M-3633, designated as
Part 2, Plan 65R-30387 - Castlemore Avenue).
By-law
BY-LAW 2007-259 A by-law to amend Municipal Law Enforcement Officers Appointment
By-law 2002-178 and Parking By-law 2005-188 (To update Officers' List and
Private Property Enforcement Agencies)
By-law
CARRIED
9. IN-CAMERA ITEMS
Moved by
Regional Councillor J. Heath
Seconded by
Regional Councillor G. Landon
That Council
report the following in-camera matters:
REPORT
OF GENERAL COMMITTEE - October 22, 2007
(1) LEGAL
CONTRACT MATTER (10.0)
That
the confidential report of the Assistant Town Solicitor regarding a legal
contract matter be received;
And
that staff be authorized and directed to take the actions set out in this
report."
REPORT
OF GENERAL COMMITTEE - October 29, 2007
(2) CONFIDENTIAL
PROPERTY MATTER ON POWERSTREAM (8.0)
That
the confidential update of Mr. D. Taylor, Acting Director, Strategic
Initiatives, and Mr. B. Ander, President, Markham District Energy Inc., with
respect to a property matter on Powerstream be received.
(3) EXPROPRIATION
MATTER (8.0)
That the confidential report of the Town
Solicitor regarding an expropriation matter be received;
And
that staff be authorized and directed to take the actions set out in this
report.
(4) LANGSTAFF
LAND USE CONFIDENTIAL LEGAL MATTER (8.0)
That
Staff be authorized to proceed as directed with respect to a Langstaff land use
confidential legal matter.
REPORT
OF GENERAL COMMITTEE - November 5, 2007
(5) LEGAL
CONTRACT MATTER (2.8)
That
the confidential report of the Town Clerk with respect to a legal contract
matter be received;
And
that staff be authorized and directed to take the actions set out in this
report.
(6) PERSONNEL
MATTER (16.34)
That
Staff be authorized to proceed as directed with respect to a personnel matter.
CARRIED
10. CONFIRMATORY BY-LAW
Moved by
Regional Councillor T. Wong
Seconded by
Regional Councillor J. Heath
That By-law
2007-260 be given three readings and enacted.
Three Readings
BY-LAW 2007-260 A by-law to confirm the proceedings of the Council meeting of
November 13, 2007.
(Council Meeting No. 17, 2007)
By-law
CARRIED
11. ADJOURNMENT
Moved by Councillor C. Moretti
Seconded
by Regional Councillor J. Heath
That the meeting do adjourn.
CARRIED
Council
adjourned at 7:40 p.m.
___________________________________ _____________________________________
SHEILA
BIRRELL, TOWN CLERK FRANK
SCARPITTI, MAYOR
(Signed)