2004-2-24
COUNCIL MINUTES Council Chamber, Civic Centre
Meeting
No. 6
(Canada
Room)
COMMITTEE
OF THE WHOLE
ROLL
CALL
Deputy Mayor
F. Scarpitti, Regional Councillor J. Heath, Regional Councillor J. Jones,
Regional Councillor B. O'Donnell, Councillor S. Daurio, Councillor E. Shapero
(6.06 p.m.), Councillor J. Virgilio, Councillor G. McKelvey, Councillor J.
Webster, Councillor D. Horchik, Councillor A. Chiu. (11)
Regrets
Mayor D.
Cousens, Councillor K. Usman. (2)
Moved by
Seconded by
That Council
resolve itself into the Committee of the Whole to discuss the following:
(1) Acquisition
of 9399 Warden Avenue being a 0.87 Acre Woodlot, Part 1, Plan 65R-22455 Markham
(8.6)
(2) 2004
Advisory Committee/Board Appointments (16.24)
(3) Ontario
Divisional Court Decision Dated February 18, 2004 - Respecting Eastpine
Kennedy-Steeles Limited & the Corporation of The Town Of Markham et all
(8.0)
(4) Licensing
Hearing, "Fox Health Centre", 7089 Yonge Street, Unit 5, Markham
(2.0)
(5) Request
for Support of Pakistan National Day Dinner & Entertainment (12.2.6)
(6) Personnel
Matter
CARRIED
The Regular
Meeting of Council was held on February 24, 2004 at 7:10 p.m. in the Council
Chamber, Civic Centre. Deputy Mayor F.
Scarpitti presided.
(Council
Chambers)
ROLL
CALL
Deputy Mayor
F. Scarpitti, Regional Councillor J. Heath, Regional Councillor J. Jones,
Regional Councillor B. O'Donnell, Councillor S. Daurio, Councillor E. Shapero,
Councillor J. Virgilio, Councillor G. McKelvey, Councillor J. Webster,
Councillor D. Horchik, Councillor A. Chiu. (11)
Regrets
Mayor D.
Cousens, Councillor K. Usman. (2)
STAFF
J. Livey,
Chief Administrative Officer
J. Baird,
Commissioner of Development Services
D. Barker,
Senior Provincial Offences Officer
S. Birrell,
Town Clerk
S. Chait, Director,
Economic Development
C. Conrad,
Town Solicitor
B. Cribbett,
Treasurer
P. Miller,
Manager, Secretariat Services
B. Nanninga,
Executive Assistant
J. Sales,
Commissioner of Community and Fire Services
A. Taylor,
Commissioner of Corporate Services
M. VanBerkum,
Assistant Town Solicitor
L. Wells,
Manager, Programs
B. Wiles,
Manager, Enforcement & Licensing
1. DISCLOSURE OF PECUNIARY INTEREST
Councillor J. Virgilio disclosed an interest
with respect to Report 8, Clause (4) and By-law 2004-41, "Sale of Portion
of Old 16th Avenue", by nature of representing the owners, and did not
take part in the consideration or discussion of or vote on the question of the
approval of such matter.
Councillor
J. Webster disclosed an interest with respect to Report 7, Clause (2),
"International & Economic Alliance Program", by nature of him
being involved in the visit to Cary as the Official Town Crier for the Town of
Markham, and did not take part in the
consideration or discussion of or vote on the question of the approval of such
matter.
2. REPORT OF THE COMMITTEE OF THE WHOLE
Moved by Councillor D. Horchik
Seconded by Councillor A. Chiu
That Council rise from the Committee of the
Whole and the Chairman report.
CARRIED
Deputy Mayor
F. Scarpitti reported the following motions passed at the Committee of the
Whole meeting:
(1) ACQUISITION
OF 9399 WARDEN AVENUE
BEING A 0.87 ACRE WOODLOT
PART 1, PLAN 65R-22455 MARKHAM
(8.6)
That
Council ratify the conditional Agreement of Purchase and Sale executed by the
Chief Administrative Officer for the acquisition of the Jennifer Deacon
property at 9399 Warden Avenue, identified as Part 1 on Reference Plan
65R-22455, for a purchase price of $399,000 excluding GST;
And
that the purchase be funded from the Town of Markham Environmental Land
Acquisition Account No. 44-6200-4501-005 and
the account be replenished by the final amount required for the purchase
from the 2003 surplus;
And
that a by-law be enacted on February 24, 2004 to ratify the Agreement of
Purchase and Sale executed by the Chief Administrative Officer and to authorize
the execution of any other related documents, for the lands belonging to
Jennifer Deacon at 9399 Warden Avenue and identified as Part 1 on Reference
Plan 65R-22455, Markham, in a form satisfactory to the Town Solicitor;
(By-law
2004-40).
(2) 2004
ADVISORY COMMITTEE/BOARD APPOINTMENTS (16.24)
That the Regional Councillors be appointed as
alternates to the:
Markham
Subcommittee
Milliken Mills
Subcommittee
Thornhill
Subcommittee
Unionville Subcommittee;
Building and Parks Construction
That the following Member of Council be
appointed to the Building and Parks Construction Committee:
Regional Councillor J. Jones
Committee of Adjustment
That the following five (5) persons be appointed to the Committee of
Adjustment for the term expiring November 30, 2006:
John Andreevski
Keith Daunt
Velta Mussellam
Wayne Patterson
Glenn Schaeffer
Community Small Business
Investment Fund (CSBIF)
That, due to lack of Federal Funding, the
Community Small Business Investment Fund (CSBIF) be disbanded and the
appointments of the following two (2) Members of Council be terminated:
Regional Councillor B. O'Donnell
Councillor K. Usman
Heintzman House Community Centre Board
That the following additional member of the Heintzman House Community
Centre Board be confirmed for the term ending December 31, 2004:
Bob Willson
Main Street Markham:
That the following person be appointed to the Main Street Markham
Committee:
Ms. Amy
Pialagitis
Markham Cemetery Board
That the following Interview Committee be appointed to interview for
3-5 persons to be appointed to the Markham Cemetery Board for the term expiring
November 30, 2006:
Councillor S. Daurio
Councillor G. McKelvey
Mr. L. Smith;
And that the matter of member appointments be
referred to the March 9, 2004 Council meeting pending a recommendation from the
Interview Committee.
Markham Conservation: (to be maintained)
That the following two (2) Members of Council be appointed to the
Markham Conservation Committee for the term expiring November 30, 2006: (TBA)
Regional Councillor J. Heath
Councillor E. Shapero;
And that the matter of member appointments be
referred to the March 9, 2004 Council meeting pending a recommendation from the
Interview Committee.
Markham Public Library Board
That the following Member of Council be appointed to the Markham
Library Board:
Regional Councillor J. Jones
Markham Small Business Enterprise Centre Board of Directors
That the following Member of Council be appointed to the Markham Small
Business Board of Directors:
Councillor E. Shapero
Markham Theatre Board
That the following person appointed as the York Region District School
Board's representative to the Markham Theatre Board be confirmed for the term
expiring November 30, 2006:
Gary Unitas,
Trustee
Mayor's Youth Task Force
That the following person appointed as the York Region District School
Board's representative to the Mayor's Youth Task Force be confirmed for the
term expiring November 30, 2006:
Stan Korolnek, Trustee,
ex officio
Property Standards
That the following Interview Committee be appointed to interview for
five (5) persons to be appointed to the Property Standards Committee for the
term expiring November 30, 2006:
Regional Councillor J. Jones
Regional Councillor B. O'Donnell
Town Clerk or designate;
And that the matter of member appointments be
referred to the March 9, 2004 Council meeting for a recommendation from the
Interview Committee.
Unionville BIA
That the following members of the Unionville BIA be confirmed for the
term expiring
December 31, 2004:
Gregory McCormick, Chair
Gary Davis
Eva Yang
Lori Lievonen
Suzanne Bouchard
Sarah Iles
Tracy MacKinnon
Varley Art Gallery Board
That the following person appointed as the Unionville BIA's
representative to the Varley Art Gallery be confirmed for the term expiring
November 30, 2006:
Karen Chadwick.
Deputy Mayor Scarpitti reported that Council had been updated on a
personnel matter.
(3) ONTARIO
DIVISIONAL COURT DECISION DATED
FEBRUARY 18, 2004 - RESPECTING
EASTPINE KENNEDY-
STEELES LIMITED AND THE
CORPORATION OF THE
TOWN OF MARKHAM ET AL
(8.0) Weblink
That the
report by the Town Solicitor entitled "Ontario Divisional Court Decision
Dated February 18, 2004 Respecting Eastpine Kennedy-Steeles Limited and The
Corporation of the Town of Markham et al", dated February 24, 2004, be
received for information.
(4) LICENSING
HEARING
"FOX HEALTH CENTRE"
7089 YONGE STREET, UNIT 5,
MARKHAM (2.0)
That
the following recommendation of the Markham Licensing Committee be adopted and
confirmed:
Whereas
the Applicant applied for a license in October, 2002 to operate a complementary
health care establishment at 7089 Yonge Street, Unit # 5 (Fox Health Centre);
And
whereas the Licensing Officer recommended refusal of the license;
And
whereas the Applicant requested a hearing before the Licensing Committee;
And
whereas the Licensing Committee met on 3 consecutive days and heard evidence in
support of the Licensing Officer's decision to recommend refusal of the license
but was unable to conclude the hearing in the time allotted;
And
whereas the Applicant's solicitor has subsequently confirmed that the Applicant
does not have the legal right to occupy the premises at 7089 Yonge Street, Unit
# 5, contrary to section 25 of By-law 2002-292;
And
whereas the Applicant has withdrawn her request for a hearing before the
Licensing Committee;
And
whereas there are reasonable grounds for belief that the carrying on of the
business by the applicant will result in a breach of this By-law;
And
whereas the conduct of the applicant affords reasonable grounds for belief that
the business will not be carried out in accordance with the law and with
integrity and honesty;
Now
therefore, be it resolved that the Licensing Committee recommends that:
1. The
Applicant's admission that she has no lawful right to occupy the premises be
accepted;
2. The
Applicant's withdrawal of her request for a Licensing hearing be accepted;
3. The
application for a license to operate a complementary health care establishment
at 7089 Yonge Street, Unit # 5 (Fox Health Centre) be refused;
4. Pursuant
to section 25(1) of the Statutory Powers Act, this decision not be stayed by
any appeal of this decision that may be instituted in the courts.
(5) REQUEST
FOR SUPPORT OF PAKISTAN NATIONAL DAY
DINNER AND ENTERTAINMENT
(12.2.6)
That the
request from the Pakistan National Day Celebration Committee to sponsor the
Pakistan National Day Dinner and Entertainment event at the Crystal Fountain
Banquet Hall on Sunday, March 28, 2004 at 6:00 p.m., be received;
And that
approval be granted to purchase a gold sponsorship for $3,000.00.
Moved by Councillor D. Horchik
Seconded by Councillor A. Chiu
That the Report of the Committee of the Whole
be adopted, approved and confirmed.
CARRIED
3. MINUTES
(1) COUNCIL
MINUTES
- FEBRUARY 10, 2004
Moved by
Councillor A. Chiu
Seconded by Regional
Councillor J. Jones
That the
Minutes of the Council Meeting held on February 10, 2004, be adopted.
CARRIED
4. PRESENTATIONS
Council
consented to add Presentation (5).
(1) JUVENILE
DIABETES RESEARCH FOUNDATION
PRESENTATION OF PLAQUES
(12.2.6)
Ms. Lynn
Conforti, Walk Coordinator for the Juvenile Diabetes Research Foundation
presented two plaques to the Town of Markham to recognize the Town's
participation in the 2003 Walk for the Cure and Fundraising Team Award as
Rookie of the Year for having raised the most money of all the new teams that
joined in 2003.
The following
members of staff were recognized for their efforts on the team:
Catherine Biss
Debra Bond-Gorr
Darren Ciastko
Anna Cowan
Rose Marie Crawford
Eleanore Garland
Jacquie Hermans
Cathy Jeffery
Jimmy Lo
Peter Loukes
Tina Murphy
Sony Torre
(2) MARKHAM
SUNRISE ROTARY CLUB COMMUNITY SERVICE AWARD
TO DAVID BLIZZARD (12.2.6)
Ms. Anne Maher,
Representative, Markham Sunrise Rotary Club, presented the Markham Sunrise
Rotary Club Community Service Award to Mr. David Blizzard (Fire and Emergency
Services) and his wife for their commitment to the community regarding public
education/fire prevention and their volunteer work in several charity
organizations.
(3) 2003 SILVER DOLPHIN AWARD (12.2.6 & 6.5)
Council
presented the 2003 Silver Dolphin Award to Ms. Christin Sadler of the Markham
Aquatic Club for her outstanding accomplishments.
(4) PUBLIC INFORMATION PRESENTATION
BODY RUB PARLOURS (2.0)
Doug Cole,
York Regional Police, Vice and Drugs Unit, provided an overview of enforcement
practices by York Regional Police, the danger to and protection of persons in
the body rub parlour industry and the partnership between the Town of Markham
and the York Regional Police with respect to this issue.
(5) ECONOMIC
COUNCIL OF ONTARIO AWARD (12.2.6)
Mr. S. Chait, Director, Economic Development,
announced that the Town of Markham has been awarded the Economic Council of
Ontario Award in the Other Technology Media category for its production of
"See Your Future in Markham" a multilingual DVD produced by the Town
as a marketing tool.
5. DELEGATIONS
Council consented to add Delegations (2) to
(4).
(1) David
Rawcliffe, representing the Society for the Preservation of Historic Thornhill
(SPOHT) - providing information on the public consultation process with respect
to the naming of the park at Charles Lane and Sumner Lane in Thornhill and, on
behalf of the community, extending support for the name "Thornhill
Meadow". Mr. Rawcliffe submitted a
transcript of his presentation. (6.3)
(Clause 4, Report No. 9, 2004)
(2) Mario
Colangelo, on behalf of his clients Mr. and Mrs. Capogna - owners of the
property to the north of the property being offered for sale (portion of old
16th Avenue, east of 9th Line), and advising of his clients' interest in
purchasing a one acre portion of the property fronting on 9th Line. (8.5)
(Clause 4, Report No. 8, 2004)
(3) Doug
Worsley - expressing concern regarding the Toronto and Region Conservation
Authority's requirement that the proposed playground in Fred Varley Parkette
(adjacent to Millennium Bandstand) be located in the highest part of the
property. (6.3) (Clause 5, Report No. 9, 2004)
(4) Paul
DeMelo, representing 1107656 Ontario Inc., - requesting that consideration of
the proposed official plan and zoning by-law amendments for the Leitchcroft
Planning District be referred back to the Thornhill Subcommittee for additional
consultation. (10.3, 10.5)
(Clause 7, Report No. 9, 2004)
6(a) REPORT NO. 7 - ECONOMIC DEVELOPMENT COMMITTEE
Council
consented to separate Clause (2).
Moved by
Councillor J. Virgilio
Seconded by
Regional Councillor B. O'Donnell
That Report
No. 7 - Economic Development Committee be received and adopted.
February 16, 2004
(1) 2004 ECONOMIC
DEVELOPMENT
MARKETING PROGRAM (10.16) Weblink1 2
That the report entitled “2004 Economic Development Marketing Program”
be received,
And that Economic Development staff implement the projects described in
this report that are funded through the Business Development operating budget
(equal in total to 27% of the base 2004 budget for Business Development account
#610-9985808), those projects being: sponsored/hosted events to a maximum of
$38,500; business conferences and industry/trade shows to a maximum of $7,750;
and the production and purchase of advertising and promotional materials to a
maximum of $34,500;
And that Economic Development staff implement the projects described in
this report that are funded through the Business Travel operating budget (equal
in total to 50% of the base 2004 budget for Business Travel account
#610-9985201), those projects being: business conferences and industry/trade
shows to a maximum of $12,500;
And further that the projects described in this report be funded from
within the Economic Development Business Development account #610-9985808 and
Business Travel acct. #610-9985201;
And where, in
the report, “the Mayor or one Member of Council” is stated as an additional
attendee to various delegations, that this be widened to “the Mayor and/or the
Chair of the Economic Development Committee, and/or a Member of Council”.
CARRIED
(2) INTERNATIONAL AND ECONOMIC
ALLIANCE PROGRAM
(10.16) Weblink1 2 3
That the report entitled “International & Economic Alliance
Program” be received;
And that approval be given to Economic Development staff to implement a
3-year economic cooperation plan with Laval (Quebec), contingent upon receipt
of budget approval for 2004 capital account funding;
And further that approval be given to Economic Development staff to
implement a 3-year economic cooperation plan with Cary (North Carolina),
contingent upon receipt of budget approval for 2004 capital account funding;
And that Economic Development staff be directed to present Council with
a recommendation prior to the end of 2004 for a 3-year economic alliance
program with an appropriate business community in China;
And
that staff be directed to initiate a forum involving the York Technology
Association, Markham Board of Trade and other relevant business leaders, in
order to gather input on these and other Economic Development initiatives.
CARRIED
(Councillor J. Webster abstained)
(3) OTHER COMMITTEE PROCEEDINGS
- MINUTES OF ECONOMIC
DEVELOPMENT
COMMITTEE MEETING – FEBRUARY
16, 2004 (16.0)
CARRIED
6(b) REPORT NO. 8 - FINANCE &
ADMINISTRATIVE COMMITTEE
Council
consented to separate Clause (4).
Moved
by Councillor S. Daurio
Seconded
by Regional Councillor J. Jones
That
Report No. 8 - Finance & Administrative Committee be received and adopted.
February 16, 2004
(1) PUBLIC MEETING -
TAXI LICENCE BY-LAW
AMENDMENTS (2.23) Weblink
That
a public meeting be held on March 2, 2004 at 5:30 p.m. to gather input on:
- Taxi Fare Increase
- Safety Equipment in Taxicabs
- Taxi Stands
- Additional Premiere Plates
- Single Colour Taxicabs
- Administrative Amendments
(2) APPROVAL OF THE MUSEUM
RECEPTION CENTRE
BUILDING (7.12) Weblink
That this
report entitled “Approval of the Museum Reception Centre Building”
be received;
And that
Council accept the Ballantry Homes offer to contribute $250,000 in cash towards
the Museum
Reception Centre building;
And that
estimated cost of construction of the Museum Reception Centre building is
$600,000;
And that the
sources of funding be as follows:
Ballantry Contribution - $250,000
Closed Projects -
$150,600
2004 Capital Budget - $199,400 (to be considered with the
2004 Capital Budget).
Total Funding $600,000
And that
Council approve proceeding with the tendering process for the construction of
the Museum Reception Centre building;
And
further that staff report back to Council to award the contract for the
construction of the Museum Reception Centre building.
(3) GEORGE PINGLE HOUSE RESTORATION AND
ADDITION
CONSTRUCTION
STRATEGY (7.12) Weblink
That the report entitled “George Pingle House Restoration and Addition
– Construction Strategy” be received;
And that Council approve hiring Bondfield Construction Company Limited
to be the general contractor for the construction of the George Pingle House
Restoration and Addition for the fee of $64,890 including GST;
And that staff report back to Council to award the contract for the
construction of George Pingle House Restoration and Addition, based on the
results of the subcontractor tendering process;
And that funding for the general contractor fee in the amount of $64,890
be from account number 063-5350-4906-5350 for the construction of the George
Pingle House Restoration and Addition.
CARRIED
(4) SALE OF PORTION OF OLD 16TH
AVENUE
EAST OF 9TH LINE
PARTS 5, 6, 8 AND 20
ON PLAN 65R-14883, MARKHAM
(8.5)
That
Council receive and accept the Agreement of Purchase and Sale for the property
identified as Parts 5, 6, 8 and 20 on Reference Plan 65R-14883, being a portion
of Old 16th Avenue lying east of Ninth Line, Markham from Wykland
Estates Inc. in the amount of $900,000 excluding GST;
And
that a by-law be enacted on February 24, 2004 to authorize the Mayor and Clerk
to execute a Transfer/Deed of Land to Wykland Estates Inc. for the lands
identified as Parts 5, 6, 8 and 20 on Reference Plan 65R-14883 and to advise of
the conditions contained within the offer.
(By-law 2004-41)
DEFERRED
(See following motion
to defer)
Moved by Councillor D. Horchik
Seconded by Regional Councillor J. Jones
That the matter of the sale of a portion of
old 16th Avenue east of 9th Line be referred to an In-camera session this date
for discussion.
CARRIED
(Councillor
J. Virgilio abstained)
(5) PRESENTATION – WASTE MANAGEMENT
PROGRESS REPORT ON
THREE-STREAM
IMPLEMENTATION (5.1)
That the presentation from the General Manager, Construction and
Utilities, with respect to three stream waste management be received;
And that staff proceed as directed.
(6) OTHER COMMITTEE PROCEEDINGS
- MINUTES OF FINANCE &
ADMINISTRATIVE
COMMITTEE MEETING – FEBRUARY
16, 2004 (16.0)
CARRIED
6(c) REPORT NO. 9 - DEVELOPMENT SERVICES
COMMITTEE
Council consented to separate Clauses (4),
(5) and (7).
Moved by Councillor D. Horchik
Seconded by Councillor G. McKelvey
That Report No. 9 - Development Services
Committee be received and adopted.
February 17, 2004
(1) 16th AVENUE TRUNK SEWER
ENVIRONMENTAL
UPDATE, REGION OF YORK (5.3)
That
the presentation by the Region of York, with respect to the 16th
Avenue Trunk Sewer, be received;
And whereas the Town of Markham is deeply
concerned with the environmental impacts of the 16th Avenue Trunk
Sewer dewatering;
And whereas the Region of York has been
dewatering for approximately 6 months at a rate of 12,000 l/minute for Phase 1
to maintain the C8 Shaft while construction has been idle while awaiting
approval to proceed to Phase 2;
And whereas the Region is awaiting approval
of their Environmental Management Plan from the Department of Fisheries and
Oceans (DFO), Ministry of Environment (MOE), Ministry of Natural Resources
(MNR) and Toronto Region Conservation Authority (TRCA) for Phase 2;
And whereas the Region is awaiting approval
of their Well Mitigation Plan from the MOE;
And whereas continued delay in completing
Phase 2 will result in additional dewatering of the aquifer;
Be it resolved that the environmental
agencies be requested to expedite their review and conditions of approval for
the Phase 2 Environmental Plan;
And that a meeting be convened as soon as
possible of all environmental agencies (i.e. DFO, MOE, MNR, TRCA) the Rouge
Park Alliance and the Region of York, with the Town of Markham, to address the
outstanding issues;
And that the Honourable John McCallum, M.P.,
the Honourable Elinor Caplan, M.P., Bryon Wilfert, M.P., Tony Wong, M.P.P.,
Mario Racco, M.P.P., Frank Klees, M.P.P., and Kees Schipper, Commissioner of
Transportation and Works at the Region of York, be advised accordingly.
(2) LITTLE ROUGE CREEK MONITORING STUDY (10.8) Weblink
That the Engineering Department be authorized to be
part of a multi-agency monitoring study of a Stormwater Management Facility in
the Greensborough Community;
And that Markham’s share of funding for this study
($20,000) be funded from the account number 083-5350-4726-005 (Downstream
Improvement Works Program – Erosion).
(3) DESIGNATION UNDER PART IV OF THE ONTARIO
HERITAGE ACT
7060 MARKHAM ROAD, DANIELS-FAIRTY HOUSE
OWNER: TOWN OF MARKHAM (16.11.3) Weblink
That the
“Daniels-Fairty House” at 7060 Markham Road be approved for designation under
Part IV of the Ontario Heritage Act, as recommended by Heritage Markham;
And that the Clerk’s Department be authorized to:
- publish and serve Council’s
Notice of Intention to Designate as per the requirements of the
Act; and
-
prepare the Designation By-law for the property.
CARRIED
(4) PARK NAMING REPORT
(6.3) Weblink
That the new park at Bur Oak Avenue and Greensborough Village Circle in
the Greensborough Community be named
"Greensborough Village Park",
and the new park at Charles Lane
and Sumner Lane in Thornhill be named "Thornhill Meadow".
CARRIED AS AMENDED
(See following motion to amend)
Moved by Councillor S. Daurio
Seconded by Regional Councillor B. O'Donnell
That Clause 4, Report No. 9 be deleted in its
entirety and the following be substituted therefor:
"That
the new park at Bur Oak Avenue and Greensborough Village Circle in the Greensborough
Community be named "Greensborough Village Park", and the new park at Charles Lane and Sumner Lane in Thornhill be
named "Thornhill Meadow"."
CARRIED
(5) UNIONVILLE PLAYGROUND
AND PARKETTE (6.3) Weblink
That the
Development Services report entitled “Unionville Playground and Parkette” dated
February 3, 2004, be received;
And that the
parklands (Fred Varley Parkette) adjacent to the Millennium Bandstand, on the
south side of Fred Varley Drive, west of Main Street Unionville, be endorsed in
principle as the preferred site for a new children’s play facility based on the
results of community input;
And that the
MBTW Group be retained to provide design services for the preparation of a
conceptual master plan for Fred Varley Parkette, including appropriate
community input and applicable agency permits, as well as contract documents
and contract administration for a play facility within the parkette, to an
upset limit of $10,000 including 7% GST to be funded from 2003 Capital Project
081-5350-5314-005. Additional funds, not
to exceed $2,500.00, are to be funded from this account for any required
surveying and/or soil testing work;
And further
that staff report back to Council on the final design, having consulted with
the community, TRCA and Heritage Markham, for confirmation of the project scope
and final budget.
CARRIED
(6) PROCESS FOR DESIGN OF A NEW AMENITY FEATURE
FOR MARKHAM CENTRE (10.8) Weblink
That the
report entitled “Process for Design of a New Amenity Feature for Markham
Centre” dated February17, 2004 be received;
And that the
Memorandum of Understanding executed by Remington be received (Attachment A),
and the CAO be authorized to execute the MOU on behalf of the Town;
And that Town
staff be authorized to proceed with the charrette/design competition process as
outlined in this report;
And that Town
staff be authorized to select and retain consultants, professional advisors or
jurors as required to support the process within the RFP budgets and financial
parameters outlined in this report;
And that Town
staff report back to Development Services Committee on the status and results
of the charrette and design competition prior to completing a final
recommendation report for a preferred design concept.
CARRIED
(7) 1107656
ONTARIO INC.
a) OFFICIAL PLAN AND ZONING BY-LAW AMENDMENTS TO PERMIT 1,800
DWELLING UNITS, A NEW 2.2 HECTARE (5.4 ACRE) PARK, AND 285,000 SQ.FT. OF
COMMERCIAL FLOOR AREA ON BLOCKS 45, 46, 49, AND 50 REGISTERED PLAN 65M-3226
(FILES OP 03 116474 AND ZA 03 116428)
b) ZONING BY-LAW AMENDMENT TO PERMIT AT-GRADE
RESIDENTIAL IN APARTMENT BUILDINGS
FRONTING ONTO SADDLECREEK DRIVE, SOUTH PARK ROAD, AND PROPOSED TOWNHOUSE BLOCKS
FRONTING TIMES AVENUE SOUTH OF
GALLERIA PARKWAY; IN THE LEITCHCROFT PLANNING DISTRICT. (FILES OP 03 116476 AND
ZA 03 116428) (10.3, 10.5) Weblink
That
the staff presentation with respect to Official Plan and Zoning By-law
applications submitted by 1107656 Ontario Inc. for the Leitchcroft Planning
District, be received;
And
that the deputation by Ira Kagan of Kagan Shastri, representing the applicant,
1107656 Ontario Inc., be received;
And that the
correspondence from Frank Yue, Secretary of the **Thornhill Ratepayers Association, dated February 11, 2004, be received;
And
that correspondence from Ira T. Kagan, representing 1107656 Ontario Inc. dated
December 15, 2003, and from York Region, dated January 13, 2004, be received;
And that the Minutes
and staff presentation of the Thornhill Subcommittee meeting held February 2,
2004, be received;
And that the
staff report dated December 9, 2003, entitled “Applications by 1107656 Ontario Inc. for:
a) Official Plan and Zoning By-law Amendments to
permit 1,800 dwelling units, a new 2.2 hectare (5.4 acre) park, and 285,000
sq.ft. of commercial floor area on Blocks 45, 46, 49, and 50 Registered Plan
65M-3226 (Files OP 03 116476 and ZA 03 116428); and
b) Zoning By-law Amendment to permit at-grade
residential in apartment buildings fronting onto Saddlecreek Drive, South Park
Road, and proposed townhouse blocks fronting Times Avenue south of Galleria
Parkway; in the Leitchcroft Planning District, (File ZA 03 116428)” be received;
And that the
applications for Official Plan and Zoning By-law Amendments to permit 1,800
residential units, a new 2.2 hectare (5.4 acre) park and 285,000 sq.ft. of
commercial floor area on Blocks 45, 46, 49 and 50, Registered Plan 65M-3226
(Files OP 03 116476 and ZA 03 116428), be refused on the basis that they do not
comply with the policies of the Leitchcroft Secondary Plan which envision a
mixed use, live-work community in this Planning District, and that the proposed
retail plaza and banquet hall at the western end of the site are premature and
do not comply with the policies of the Parkway Belt West Plan and the
Minister’s Zoning Order, in effect on those sites;
And that the application for a Zoning By-law
Amendment to permit at-grade residential in apartment buildings fronting onto
Saddlecreek Drive and South Park Road be refused on the basis that the loss of
a mixed use transition zone along these frontages would weaken the long-term
viability of the employment lands to the west and south (File ZA 03 116428).
DEFERRED
(See following motion to defer)
(See following recorded vote)
(6:5)
Moved by Councillor E. Shapero
Seconded by Councillor A. Chiu
That Clause 7, Report No. 9 be deleted in its
entirety and the following be substituted therefor:
"That
the matter of the Official Plan and Zoning By-law applications submitted by
1107656 Ontario Inc. for the Leitchcroft Planning District, be deferred and referred to the Thornhill
Subcommittee to permit staff and the applicant an opportunity to resolve
outstanding issues and that staff report back to the Development Services
Committee."
** Amended by Council at its meeting held on March 9, 2004 to
delete the word "Thornhill" and replace with the word
"Leitchcroft" in lieu therefor.
YEAS: Deputy
Mayor F. Scarpitti, Regional Councillor J. Heath, Regional Councillor J. Jones,
Regional Councillor E. Shapero, Councillor J. Webster, Councillor A. Chiu. (6)
NAYS: Councillor
B. O'Donnell, Councillor S. Daurio, Councillor J. Virgilio, Councillor G.
McKelvey, Councillor D. Horchik. (5)
ABSENT: D. Cousens, Councillor K. Usman. (2)
(8) OTHER COMMITTEE PROCEEDINGS
- MINUTES OF DEVELOPMENT
SERVICES
COMMITTEE MEETING – FEBRUARY
17, 2004 (16.0)
CARRIED
6(d) REPORT NO. 10 - TRANSPORTATION COMMITTEE
(1) The
February 23, 2004 report from the Transportation Committee was not tabled this
date but will be considered at the March 9, 2004 Council meeting. (16.0)
7. MOTIONS
Council
consented to add Motion (1).
(1) PUBLIC
INFORMATION PRESENTATION
BODY RUB PARLOURS (2.0)
Moved by
Councillor A. Chiu
Seconded by
Councillor G. McKelvey
CARRIED
(2/3rd vote to consider was
required and obtained)
8. COMMUNICATIONS
Council agreed
to separate Communication 31-2004.
Moved by
Councillor A. Chiu
Seconded by
Regional Councillor J. Jones
That Council
receive and consent to the disposition of communications in the following
manner:
Received
23-2004 Mr.
John Gerretsen, Minister, Municipal Affairs - Reaffirming the provincial
position on the GST rebate for municipalities announced in the federal throne
speed and advising that the Ontario government has no intention of clawing back
the rebate. (13.2.5)
24-2004 Ontario
Liquor Boards Employees' Union - Requesting support with respect to the
privatization of the Liquor Control Board of Ontario. (13.2)
Referred to all Members of Council
25-2004 Canadian
Cancer Society - Requesting for:
- proclamation - Relay For Life Day - June 11, 2004.
- permission to set up displays promoting the Relay in the Municipal Offices
reception area. (3.4)
26-2004 Proclamation
- Social Work Week - March 1 to 6, 2004. (3.4)
27-2004 Proclamation
- Learning Disabilities Month - March, 2004. (3.4)
28-2004 Proclamation
- Red Cross Month - March, 2004. (3.4)
29-2004 Proclamation
- Easter Seals Month - March, 2004. (3.4)
30-2004 Proclamation
- February 23 to 27, 2004 - Montessori Week and February 27, 2004 -
International Day. (3.4)
CARRIED
31-2004 Proclamation
- Pride Week - June 13 to 19, 2004. (3.4)
CARRIED
Referred to Commissioner of Development
Services & Town Solicitor
32-2004 Ontario
Municipal Board - Advising that the appeal by Alston Associations Inc. was
withdrawn by letter dated January 30, 2004. The appeal is regarding the
application submitted by Dogeden for zoning amendment to permit a service
commercial use at 60 Bullock Drive (By-law 2003-312). (13.13 & 10.5)
33-2004 Ontario
Municipal Board - Advising that the appeal by Stanley B. Stein was withdrawn by
letter dated February 6, 2004. The
appeal is regarding the application for the Townhomes of Thornhill Village
Inc., 300 John Street, Thornhill Square (By-law 2003-255). (13.13. & 10.5)
Referred to Commissioner of Development
Services
34-2004 Douglas
Worsley - Forwarding concerns with respect to the Fred Varley Parkette being
located on the south side of Fred Varley Drive, west of Main Street Unionville.
(6.3)
(Clause 5, Report No. 9, 2004)
CARRIED
9. BY-LAWS
Council
consented to separate By-law 2004-41 and 2004-45.
Moved by
Councillor D. Horchik
Seconded by
Councillor J. Webster
That By-laws
2004-40 and 2004-42 to 2004-44 be given three readings and enacted.
CARRIED
Three Readings
BY-LAW 2004-40 To authorize the ratification of the Agreement of Purchase and
Sale between the Town and Jennifer Deacon executed by the Chief Administrative
Officer together with the authorization to execute any and all of the related
closing documentation for the purchase of lands legally described as Part of
Lot 17, Concession 5, designated as Part 1, Plan 65R-22455.
(Committee of the Whole Motion - February 24, 2004)
BY-LAW 2004-42 A by-law to designate a property as being of Historic and/or
Architectural Value or Interest - The Captain Robert Reesor House.
(Committee of the Whole Motion 9 - Dec. 16, 2003)
BY-LAW 2004-43 A by-law to designate a property as being of Historic and/or
Architectural Value or Interest - The Sanderson Store and Residence.
(Clause 2, Report No. 68, 2003)
BY-LAW 2004-44 A by-law to dedicate certain lands as part of the highways of
the Town of Markham (Block 22, 65M-3632 - Hillwood Street and Block 23,
65M-3632 - Briarcrest Drive)
CARRIED
Moved by
Councillor D. Horchik
Seconded by
Regional Councillor J. Jones
That Council
resolve into Committee of the Whole in-camera to consider a land acquisition
matter.
CARRIED
2. REPORT OF THE COMMITTEE OF THE WHOLE -
cont'd
Moved by Councillor D. Horchik
Seconded by Regional Councillor J. Jones
That Council rise from the Committee of the
Whole and the Chairman report.
CARRIED
Deputy Mayor
F. Scarpitti reported the following motions passed at the Committee of the
Whole meeting:
(6) SALE OF PORTION OF OLD 16TH
AVENUE
EAST OF 9TH LINE
PARTS 5, 6, 8 AND 20
ON PLAN 65R-14883, MARKHAM
(8.5)
Moved by Councillor J. Webster
Seconded by Regional Councillor B. O'Donnell
That
Council receive and accept the Agreement of Purchase and Sale for the property
identified as Parts 5, 6, 8 and 20 on Reference Plan 65R-14883, being a portion
of Old 16th Avenue lying east of Ninth Line, Markham from Wykland
Estates Inc. in the amount of $900,000 excluding GST;
And
that a by-law be enacted on February 24, 2004 to authorize the Mayor and Clerk
to execute a Transfer/Deed of Land to Wykland Estates Inc. for the lands identified
as Parts 5, 6, 8 and 20 on Reference Plan 65R-14883, Markham, in a form
satisfactory to the Town Solicitor.
(By-law 2004-41)
CARRIED
(2/3rd vote to consider was
required and obtained)
(Councillor J. Virgilio
abstained)
Moved by Councillor D. Horchik
Seconded by Regional Councillor J. Heath
That the Report of the Committee of the Whole
be adopted, approved and confirmed.
CARRIED
9. BY-LAWS
Moved by
Councillor D. Horchik
Seconded by
Regional Councillor J. Jones
That By-laws
2004-41 and 2004-45 be given three readings and enacted.
Three Readings
BY-LAW 2004-41 A by-law to authorize the Mayor and Clerk to execute a
Transfer/Deed of Land to Wykland Estates Inc. for the lands identified as Parts
5, 6, 8 and 20 on Reference Plan 65R-14883.
(Clause 4, Report No. 8, 2004
(Councillor J. Virgilio abstained)
BY-LAW 2004-45 A by-law to confirm the proceedings of the Council meeting of
February 24, 2004.
(Council Meeting No. 6, 2004)
CARRIED
10. ADJOURNMENT
Moved by
Councillor J. Webster
Seconded by
Councillor E. Shapero
That the
meeting do adjourn.
CARRIED
Council
adjourned at 10:47 p.m.
___________________________________ ___________________________________
SHEILA
BIRRELL, TOWN CLERK DON
COUSENS, MAYOR
(Signed)