M I N U T E S

COMMITTEE OF THE WHOLE

2003-11-25

Canada Room

 

Attendance

 

Mayor                          D. Cousens Regional Councillors     F. Scarpitti                                     B. O'Donnell Councillors                   S. Daurio                                     E. Shapero (5:15 p.m.)                                     J. Virgilio (5:17 p.m.)                                     G. McKelvey                                     J. Heath                                     D. Horchik                                     A. Chiu

J. Livey, Chief Administrative Officer J. Baird, Commissioner of Development    Services S. Birrell, Town Clerk A. Brown, Director of Engineering B. Cribbett, Treasurer C. Conrad, Town Solicitor S. Heaslip, Senior Project Coordinator S. Laing, Manager, Employee Relations D. McClean, Fire Chief P. Miller, Manager, Secretariat Services J. Sales, Commissioner of Community    and Fire Services A. Taylor, Commissioner of Corporate Services M. F. Turner, Commissioner of Strategy,    Innovations & Partnership

The Committee of the Whole meeting convened at the hour of 5:05 p.m. with Mayor D. Cousens in the Chair.

 

 

DISCLOSURE OF INTEREST

None declared.

 

 

1.         MINUTES OF COMMITTEE OF THE WHOLE
            - OCTOBER 21, 2003 (16.0)

 

Moved by Councillor A. Chiu

Seconded by Councillor G. McKelvey

 

That the minutes of the Committee of the Whole meeting held on October 21, 2003 be confirmed.

 

Carried

 

2.         BOX GROVE SECONDARY PLAN
            OMB HEARING (10.4)

 

The Town Solicitor advised that most of the appeals against the Box Grove Secondary Plan have been withdrawn.  An appeal by a representative of the Legacy community requesting that the designation on the property between old and new 9th Line be changed from "Community Amenity Area" to "Urban Residential Low Density Planning II" with a site specific policy permitting a place of worship.  This would permit low density housing as a secondary consideration to a place of worship.

 

Scott Heaslip, Senior Project Coordinator, presented a concept plan of the area and reviewed the details and proposals for the site and surrounding area.

 

Discussion took place regarding:

 

-     the road configuration to the south

-     the need to review the possibilities for the area and report back to committee

-     another possible site for a place of worship and associated school.

 

Moved by Councillor G. McKelvey

Seconded by Regional Councillor B. O'Donnell

 

That the Ontario Municipal Board be advised that Council of the Town of Markham supports the following change to the text of Official Plan Amendment No. 92 (the Box Grove Secondary Plan):

 

By adding to Section 5.6.2 (a), the following:

 

         “ – the ‘Urban Residential – Low Density Housing II’ area bounded on the south by the eastern extension of Rouge Bank Drive,  on the east by realigned 9^th Line and on the west by existing 9^th Line.”

 

Carried

 

 

Lois James was in attendance to address committee.

 

Moved by Deputy Mayor F. Scarpitti

Seconded by Regional Councillor B. O'Donnell

 

That Lois James, who will receive the Order of Canada in December, 2003, be recognized and acknowledged for her leadership as one of the founding members of Save The Rouge Valley System and as a caring environmentalist.

 

Carried

 

Ms. James expressed concern about outstanding issues in connection with the Box Grove Secondary Plan including:

 

      -     crossings of the Ninth Tributary

      -     designation of heritage dwellings in the hamlet of Cedar Grove and the possible designation of the entire hamlet

      -     issues listed under tab 13 of the Markham Ontario Municipal Board documents

      -     issues outlined in the June 24, 2002 letter from Ron Christie, Rouge Park Alliance.

 

Moved by Councillor E. Shapero

Seconded by Councillor J. Heath

 

That the deputation of Lois James expressing concern regarding outstanding environmental issues in the Box Grove Secondary Plan including:

 

            -     crossings of the Ninth Tributary

            -     designation of heritage dwellings in the hamlet of Cedar Grove and the possible designation of the entire hamlet

            -     issues listed under tab 13 of the Markham documents

            -     issues outlined in the June24, 2002 letter from Ron Christie, Rouge Park Alliance

be received;

 

And that the concerns expressed by Ms. James this date together with those outlined in the June 24, 2002 letter from Ron Christie, Rouge Park Alliance, be referred to staff for future consideration.

 

Carried

 

 

 

3.         REGIONAL CAPITAL PROJECTS (5.10 & 7.5)

 

The Commissioner of Development Services and the Director of Engineering advised that they met with representatives of the Region of York this date.  They tabled a presentation which the Director of Engineering reviewed in connection with the Region of York 10-year capital road program.

 

The key issues include:

 

      -     revenue and expenditures

      -     background details highlighting the traffic congestion and the lack of significant road improvements in Markham

      -     possible solutions

      -     funding options

      -     project management and alternatives

 

Discussion took place regarding the need for statistics that would substantiate how Markham has fallen behind other municipalities in York Region compared with growth statistics; the need to investigate Woodbine Avenue and Steeles Avenue between 9th Line and Highway 48; timelines; environmental assessments; priority projects; priorities for Markham; and necessary funding.

 

Moved by Deputy Mayor F. Scarpitti

Seconded by Councillor J. Heath

 

Whereas residents and businesses in Markham are experiencing unacceptable traffic congestion;

 

And whereas Markham Council has authorized Markham's road program that expedites Rodick Road, Birchmount Road, and Enterprise Drive to improve service;

 

Now therefore be it resolved that the presentation by the Commissioner of Development Services and the Director of Engineering providing an update on the Regional 10 year road capital program, be received;

 

And that the Region of York be requested to advance their road capital program and particularly:

 

      ·    Highway 7 (Fairburn Drive/Montgomery Court to Sciberras Road) – from 2007 to 2005/2006

 

      ·    Warden Avenue (14th Avenue to Applecreek Boulevard) – from 2005 to 2004/2005;

 

And that the Region be requested to include a minimum of an additional $4.5 million in the Regional budget for 2004 in order to leverage $17 to $20 million in development charges for road work in Markham and that they also be requested to work with Town staff on funding & implementation opportunities to advance the capital projects in Markham;

 

And that the Region of York be requested to review their draft 2004 and 10 year capital with Town staff to coordinate priorities.

 

Carried

 

 

...........................................................

 

Committee of the Whole recessed in-camera at the hour of 6:25 p.m. to discuss a confidential personnel matter and reconvened at the hour of 7:32 p.m.

 

...........................................................

 

 

4.         CIVIC CENTRE SIGN FOR THE PROPOSED MARKHAM
            CENTRE YMCA FACILITY AND FUNDRAISING
            CAMPAIGN (2.16 & 12.2.6 & 8.2)

 

The Commissioner of Development Services advised that other suitable locations for the proposed sign for the proposed Markham Centre YMCA facility and fundraising campaign are being discussed and negotiations are ongoing.

 

Moved by Deputy Mayor F. Scarpitti

Seconded by Councillor E. Shapero

 

That the additional information from the Commissioner of Development Services regarding the request from the YMCA to install a ground sign on Civic Centre property to announce the Markham Centre YMCA facility and fundraising campaign be received.

 

Carried

 

 

 

5.         CHIAVATTI DEVELOPMENTS LTD. AND
BRAMBLEWELL DEVELOPMENTS LTD.
SOUTHEAST CORNER HWY 7 AND SWANSEA ROAD
OFFICIAL PLAN AND ZONING BY-LAW AMENDMENTS FOR
EIGHT SEMI-DETACHED DWELLINGS (10.5)

 

Moved by Councillor A. Chiu

Seconded by Councillor G. McKelvey

 

Whereas Council approved the Official Plan amendment application (OP.03-116179) and zoning amendment application (ZA.03-112197) by Chiavatti Developments Ltd. and Bramblewell Developments Ltd. for the development of 8 semi-detached units at the southeast corner of Highway 7 and Swansea Road, Council hereby grants water allocation for 8 units from the Town reserve.

 

Carried

 

 

 

6.         2004 COUNCIL/COMMITTEE MEETING CALENDAR (16.0)

            Weblink

 

Committee had before it the proposed 2004 Council/Committee meeting calendar.  Alternative options for various meetings and their viability were considered and discussed.  It was agreed that the Licensing Hearings scheduled to be held on January 12, 13 and 14, 2004 would remain the same, however, the Licensing Hearing scheduled for January 15, 2004 would be cancelled and rescheduled, if necessary.

 

Moved by Councillor J. Virgilio

Seconded by Councillor E. Shapero

That the 2004 calendar for council and standing committee meetings attached to the November 25, 2003 staff report, be approved save and except the following amendments:

 

      -     Licensing Hearings will take place on January 12, 13 and 14, 2004.  The January 15, 2004 Licensing Hearing will be rescheduled, if required.

      -     Licensing Hearings to be scheduled twice a month on Tuesday prior to the Committee of the Whole meeting.

      -     the proposed August 23, 2004 Finance and Administrative Committee meeting (9:00 am), Development Services Committee meetings - Part A and B and Public Meetings (11:00 am, 1:00 pm, 7:00 pm) be held on August 30, 2004 at the same times.

      -     the proposed August 24, 2004 Committee of the Whole meeting (5:00 pm) and Council meeting (7:00 pm) be held on August 31, 2004 at the same times.

      -     the proposed June 28, 2004 Finance and Administrative Committee meeting be held on June 28, 2004 at 9:00 am.

      -     the proposed June 29, 2004 Development Services Committee meetings - Part A and B and Public Meetings (11:00 am, 1:00 pm, 7:00 pm) be held on June 28, 2004 at the same times.

      -     the proposed July 6, 2004 Committee of the Whole and Council meetings (5:00 pm and 7:00 pm) be held on June 30, 2004 at the same times.

      -     the proposed May 31, 2004 Finance and Administrative Committee meeting be held on June 1, 2004 at 9:00 am.

 

Carried

(See following motions to amend)

(See following motions to amend which were lost)

 

 

Moved by Councillor Heath

Seconded by Councillor A. Chiu

 

That consideration of the 2004 Council/Committee calendar be deferred to the end of the meeting this date.

 

Carried

 

Moved by Deputy Mayor F. Scarpitti

Seconded by Councillor G. McKelvey

 

That the proposed 2004 Council/Committee meeting calendar be amended to schedule the Licensing Hearings twice a month on Tuesdays prior to Committee of the Whole.

 

Carried

 

 

Moved by Councillor E. Shapero

Seconded by Deputy Mayor F. Scarpitti

 

That the proposed 2004 Council/Committee meeting calendar be amended to schedule the proposed August 23, 2004 Finance and Administrative Committee meeting (9:00 am), Development Services Committee meetings - Part A and B and Public Meetings (11:00 am, 1:00 pm, 7:00 pm) to August 30, 2004 at the same times;

 

And that the proposed August 24, 2004 Committee of the Whole meeting (5:00 pm) and Council meeting (7:00 pm) be held on August 31, 2004 at the same times.

 

Carried

 

Moved by Councillor A. Chiu

Seconded by Councillor J. Virgilio

 

That the proposed 2004 Council/Committee meeting calendar be amended to schedule the proposed May 31, 2004 Finance and Administrative Committee meeting  to June 1, 2004 at 9:00 am.

 

Carried

 

Moved by Councillor G. McKelvey

Seconded by Councillor A. Chiu

 

That the proposed 2004 Council/Committee meeting calendar be amended to schedule the June 28, 2004 Finance and Administrative Committee meeting to 9:00 am;

 

And that the proposed June 29, 2004 Development Services Committee meetings - Part A and B and Public Meetings (11:00 am, 1:00 pm, 7:00 pm) be held on June 28, 2004 at the same times;

 

And that the proposed July 6, 2004 Committee of the Whole and Council meetings (5:00 pm and 7:00 pm) be held on June 30, 2004 at the same times.

 

Carried

(See following motion to amend which was lost)

 

Moved by Councillor D. Horchik

Seconded by Councillor A. Chiu

 

That the motion moved by Councillor G. McKelvey and seconded by Councillor A. Chiu be amended to reschedule the June 30, 2004 Committee of the Whole and Council meetings to June 29, 2004 at the same times.

 

Lost

 

 

Moved by Councillor D. Horchik

Seconded by Councillor S. Daurio

 

That the proposed 2004 Council/Committee meeting calendar be amended to reschedule all Monday meetings to Tuesday at 9:00 am and reschedule Development Services Committee meetings to begin on Tuesdays at 1:00 pm rather than at 11:00 am.

 

Lost

(See following motion to amend which was Lost)

 

 

Moved by Councillor E. Shapero

Seconded by Councillor G. McKelvey

 

That the motion moved by Councillor D. Horchik and seconded by Councillor S. Daurio be amended to reschedule Monday meetings held on the Monday before Council to Tuesdays prior to Committee of the Whole and meetings on Mondays prior to Development Services Committee meetings would continue to be held on Mondays.

 

Lost

 

 

Moved by Councillor D. Horchik

Seconded by Councillor G. McKelvey

 

That the proposed 2004 Council/Committee meeting calendar be amended to hold Monday meetings every other Monday at 9:00 am and 1:00 pm;

 

And that, in the event a fifth meeting is required, it be held on Tuesday prior to the Development Services Committee meeting.

 

Lost

(See following motions to amend which were Lost)

 

 

Moved by Councillor J. Virgilio

Seconded by Councillor G. McKelvey

 

That the motion moved by Councillor D. Horchik and seconded by Councillor G. McKelvey be amended to schedule Finance and Administrative Committee meetings at 4:00 pm.

 

Lost

 

 

Moved by Councillor G. McKelvey

Seconded by Councillor J. Virgilio

 

That the motion moved by Councillor D. Horchik and seconded by Councillor G. McKelvey be amended to schedule Finance and Administrative Committee meetings at 8:30 am.

 

Lost

 

 

Moved by Councillor D. Horchik

Seconded by Councillor E. Shapero

 

That the proposed 2004 Council/Committee meeting calendar be amended to schedule Finance and Administrative Committee meetings every other Monday at 1:00 pm with the Transportation Committee being held at 9:00 am one Monday and the Community Services Committee meeting being held at 9:00 am on the alternate Monday.

 

Lost

(See following motions to amend which were Lost)

 

 

Moved by Councillor E. Shapero

Seconded by Councillor J. Virgilio

 

That the motion moved by Councillor D. Horchik and seconded by Councillor E. Shapero be amended to add the words "... subject to agendas being delivered to Councillors on the Thursday prior to the meeting."

 

Lost

 

 

Moved by Councillor J. Virgilio

Seconded by Councillor E. Shapero

 

That the motion moved by Councillor D. Horchik and seconded by Councillor E. Shapero be amended to hold Monday meetings every other week on the Monday prior to Council meetings.

 

Lost

 

 

 

7.         LICENSING HEARING
- "BODY AND SOUL HEALTH SPA"
205 RIVIERA DRIVE, UNITS 7 AND 8, MARKHAM (2.0)

 

Moved by Councillor A. Chiu

Seconded by Councillor G. McKelvey

 

That the following recommendation of the Markham Licensing Committee be adopted and confirmed:

 

(1)     That the application for Complementary Healthcare Establishment, submitted by the Owner for "Body and Soul Health Spa" at 205 Riviera Drive, Units 7 and 8, Markham, Ontario, be denied, and

 

(2)     That, pursuant to section 25(1) of The Statutory Powers Procedures Act, this decision not be stayed by any appeal of this decision that may be instituted in the courts.

 

Carried

 

 

 

8.         LICENSING HEARING
- "OASIS HEALTH STUDIO"
400 ESNA PARK DRIVE, UNIT #8, MARKHAM (2.0)

 

Moved by Councillor A. Chiu

Seconded by Councillor G. McKelvey

 

That the following recommendation of the Markham Licensing Committee be adopted and confirmed:

 

(1)         That the application for Body-rub Parlour, submitted by the Owner for "Oasis Health Studio" at 400 Esna Park Drive, Unit #8, Markham Ontario, be denied, and

 

 

(2)         That, pursuant to section 25(1) of The Statutory Powers Procedures Act, this decision not be stayed by any appeal of this decision that may be instituted in the courts.

 

 

Carried

 

 

 

9.         2003 ADVISORY COMMITTEE APPOINTMENTS (16.24)

 

Moved by Deputy Mayor F. Scarpitti

Seconded by Councillor A. Chiu

 

Heritage Markham

That the resignation of Keith Irish from Heritage Markham be accepted with regret and a letter of appreciation be forwarded;

 

And that the matter of a replacement appointment be considered at the time all 2004 advisory committee appointments are considered;

 

Race Relations Committee

That the resignation of Huma Pabani from the Race Relations Committee be accepted with regret and a letter of appreciation be forwarded;

 

And that the letter from David Allison advising that he is unable to extend his term on the Race Relations Committee to March 1, 2004 be accepted with regret and a letter of appreciation be forwarded;

 

And that the matter of replacement appointments be considered at the time all 2004 advisory committee appointments are considered.

 

Carried

 

 

 

10.       HOLD REMOVAL FOR PHASE 1
            TENSTONE DEVELOPMENTS INC.
            CIRCA @ TOWN CENTRE PROJECT
            NORTHWEST CORNER OF HIGHWAY 7
            AND TOWN CENTRE BOULEVARD (10.5 & 10.6)

 

The Town Solicitor provided background and conditions for the execution of the By-law to remove the Hold (H) provision for Phase 1 of the Tenstone Developments Inc. property at the northwest corner of Highway 7 and Town Centre Boulevard.

 

Moved by Councillor A. Chiu

Seconded by Councillor J. Virgilio

 

That the application by Tenstone Developments Inc. to amend By-law 177-96, as amended, to lift the (H) holding symbol, be adopted, but not signed by the Mayor and Clerk until advised by the Town Solicitor that the Development Agreement has been executed and all required letter(s) of credit and financial obligations have been received.

 

Carried

 

 

 

 

ADJOURNMENT

 

The Committee of the Whole meeting adjourned at 9:25 p.m.