COUNCIL MINUTES

                                                                           July 9 and 10, 2013, 7:00 p.m.

                                                                  Council Chamber, Anthony Roman Markham Civic Centre

 

 

ROLL CALL

Mayor Frank Scarpitti, Deputy Mayor Jack Heath, Regional Councillor Jim Jones, Regional Councillor Gord Landon, Regional Councillor Joe Li, Councillor Valerie Burke, Councillor Howard Shore, Councillor Don Hamilton, Councillor Carolina Moretti, Councillor Colin Campbell, Councillor Alan Ho, Councillor Logan Kanapathi, Councillor Alex Chiu.

 

 

STAFF

Andy Taylor, Chief Administrative Officer

Jim Baird, Commissioner of Development Services

Catherine Conrad, City Solicitor

Brenda Librecz, Commissioner of Community and Fire Services

Nasir Kenea, Chief Information Officer/Acting Commissioner of Corporate Services

Biju Karumanchery, Senior Development Manager

Joel Lustig, Treasurer

Dennis Flaherty, Director of Communications and Community Relations

Graham Seaman, Senior Manager, Sustainability Office

Martin Frowen, Technology Support Coordinator

Martha Pettit, Deputy City Clerk

Kitty Bavington, Council/Committee Coordinator

 

 

 

The Special Meeting of Council convened at 8:14 p.m. on July 9, 2013 in the Council Chamber.  Mayor Frank Scarpitti presided.

 

 

 

Moved by Councillor Colin Campbell

Seconded by Councillor Alan Ho

 

That Council recess at 8:15 p.m. on July 9, 2013 to resume the Public Information Meeting regarding Thornhill Revitalization.

CARRIED

 

 

Moved by Councillor Carolina Moretti

Seconded by Councillor Alex Chiu

 

That council re-convene at 11:35 p.m. on July 9, 2013.

CARRIED

 

 

At 11:55 p.m. on July 9, 2013, Council passed a motion to waive Section 3.28 of Procedural By-law 2001-1 allowing the meeting to continue further than 12:01 a.m. on July 10, 2013.  The motion moved by Councillor Carolina Moretti and Regional Councillor Gord Landon was carried by a two-thirds vote of the Members present.

 

 

 

1.         DISCLOSURE OF PECUNIARY INTEREST

 

(1)        Councillor Valerie Burke disclosed an interest with respect to Agenda Item No. 1 regarding "Thornhill Revitalization" as she has a family owned business in the Thornhill area and did not take part in the consideration or discussion of or vote on the question of the approval of such matter.

 

 

 

2.         DELEGATIONS

 

(1)        DELEGATIONS REGARDING
            THORNHILL REVITALIZATION AREA
            - CITY-INITIATED AREA AND SITE SPECIFIC OFFICIAL PLAN POLICIES
            AND ZONING BY-LAW AMENDMENT (10.0)

 

            The following did not address Council as they provided their comments at the Public Information Meeting held this date:

 

            1.         Srdjana Jaksic, Member, Thornhill Area Revitalization Working Group.

            2.         Mary Flynn-Guglietti, McMillan LLP, on behalf of Mercedes-Benz Canada Inc.

            (See Agenda Item No. 1 for Council's decision on this matter)

 

 

 

3.         PETITIONS

 

(1)        PETITIONS – THORNHILL REVITALIZATION (10.0)

            OnlinePetition  PaperPetition

 

Moved by Councillor Carolina Moretti

Seconded by Deputy Mayor Jack Heath

 

            1)         That the following petitions regarding Thornhill Revitalization be received:

                        -     Signatures collected using online tools titled "Save Thornhill Revitalization Plan".

                        -     Signatures collected using paper copy titled "Petition to Stop Re-zoning of Area (Thornlea Revitalization Project)".

 

CARRIED

 

 

 

4.         AGENDA ITEMS

 

(1)        THORNHILL REVITALIZATION AREA
            - CITY-INITIATED AREA AND SITE SPECIFIC OFFICIAL PLAN POLICIES
            AND ZONING BY-LAW AMENDMENT (10.0)

 

Councillor Howard Shore provided a Powerpoint presentation outlining the background of the Purpose and Role of the Thornhill Area Revitalization Working Group, and the public process and recommendations to Committee and Council.

 

Council requested clarification from the Vice-President of Aileen-Willowbrook Ratepayers Association Inc. on the comments provided by the association at the Public Information Meeting held this date.

 

Discussion on the matter ensued.

 

Moved by Councillor Carolina Moretti

Seconded by Deputy Mayor Jack Heath

 

            1)         That the record of the Public Information Meeting held on July 9, 2013, with respect to City-initiated Area and Site Specific Official Plan Policies and Zoning By-law Amendment, applying to the Thornhill Revitalization Area, File PR 11 127722, be received; and,

 

2)         That City-initiated Area and Site Specific Policies applying to the former Canac Kitchens site be included in the new Draft Official Plan; and

 

3)         That the City-initiated proposal to amend By-law 77-73, as amended, as it pertains to the former Canac Kitchens site, be approved in accordance with the Council direction of March 19, 2013, which:

 

1.         Zones the former Canac Kitchens site with a Hold provision that will permit only existing uses until transportation and servicing matters have been resolved; and,

 

4)         That the proposed amendment to By-law 77-73, as amended, as it pertains to the former Canac Kitchens site, be enacted without further notice; and,

 

5)         That the Thornhill Area Revitalization Working Group be revised to include the four Regional Councillors, Ward Councillor Howard Shore, 5 community representatives and 5 business representatives; and that the appointment of the community and business representatives be delegated to the Members of Council appointed to this Committee; and,

 

6)         That the following clauses in the City –initiated draft amendment to By-law 77-73 be referred to the Revised Thornhill Area Revitalization Working Group for a report back to the Development Services Committee by October 2013:

1.         Permits offices, personal services, financial institutions, commercial schools, and retail and restaurant uses, but restricts industrial uses to existing uses only;

2.         Prohibits all outdoor storage, auto body and auto repair, service stations and car washes, hotels, funeral homes, night clubs, and new commercial storage uses;

3.         Permits day nurseries, places of worship, private schools, and motor vehicle sales establishments, veterinary clinic, and indoor storage of motor vehicles on a site-specific basis subject to previous zoning by-law amendments; and further,

 

7)         That Staff be authorized and directed to do all things necessary to give effect to this resolution.

            (By-law 2013-139)

 

CARRIED AS AMENDED

(Councillor Valerie Burke abstained due to conflict)

(See following to amend)

 

Councillor Valerie Burke disclosed an interest and did not participate in the discussion of or vote on the Thornhill Revitalization matter.

 

 

            Moved by Councillor Carolina Moretti

            Seconded by Deputy Mayor Jack Heath

 

            That the following Resolution Nos. 1 to 7 be approved, as noted:

 

            Resolution No. 1

            The following Resolution No. 1 be carried as proposed:

            "1)        That the record of the Public Information Meeting held on July 9, 2013, with respect to City-initiated Area and Site Specific Official Plan Policies and Zoning By-law Amendment, applying to the Thornhill Revitalization Area, File PR 11 127722, be received;"

 

 

Resolution No. 2

Delete the following proposed Resolution No. 2:

"2)        That City-initiated Area and Site Specific Policies applying to the Thornhill Revitalization Area be included in the new Draft Official Plan;"

 

and replace with the following amended Resolution No. 2:

 

"2)        That City-initiated Area and Site Specific Policies applying to the former Canac Kitchens site be included in the new Draft Official Plan;"

 

 

Resolution Nos. 3

Delete the following proposed Resolution Nos. 3 and 4:

 

"3)        That staff be directed to bring forward a draft Zoning By-law Amendment in accordance with the Council direction of March 19, 2013, which:

1.         Permits offices, personal services, financial institutions, commercial schools, and retail and restaurant uses, but restricts industrial uses to existing uses only;

2.         Prohibits all outdoor storage, auto body and auto repair, service stations and car washes, hotels, funeral homes, night clubs, and new commercial storage uses;

3.         Permits day nurseries, places of worship, private schools, and motor vehicle sales establishments, veterinary clinic, and indoor storage of motor vehicles on a site-specific basis subject to previous zoning by-law amendments;

4.         Zones the former Canac Kitchens site with a Hold provision that will permit only existing uses until transportation and servicing matters have been resolved; and,

 

4)         That the City-initiated proposal to amend By-law 77-73, as amended, be approved;"

 

and replace them with the following as amended Resolution No. 3:

 

3)         That the City-initiated proposal to amend By-law 77-73, as amended, as it pertains to the former Canac Kitchens site, be approved in accordance with the Council direction of March 19, 2013, which:

 

"1.        Zones the former Canac Kitchens site with a Hold provision that will permit only existing uses until transportation and servicing matters have been resolved;"

 

 

            Resolution No. 4

Delete the following proposed Resolution No. 5:

 

"5)        That the proposed amendment to By-law 77-73, as amended, be enacted without further notice;"

 

and replace with the following as amended Resolution No. 4:

 

            "4)        That the proposed amendment to By-law 77-73, as amended, as it pertains to the former Canac Kitchens site, be enacted without further notice;"

 

 

            Resolution Nos. 5 and 6

            Add the following as Resolution Nos. 5 and 6:

 

"5)        That the Thornhill Area Revitalization Working Group be revised to include the four Regional Councillors, Ward Councillor Howard Shore, 5 community representatives and 5 business representatives; and that the appointment of the community and business representatives be delegated to the Members of Council appointed to this Committee; and,

 

6)         That the following clauses in the City-initiated draft amendment to By-law 77-73  be referred to the Revised Thornhill Area Revitalization Working Group for a report back to the Development Services Committee by October 2013:

1.         Permits offices, personal services, financial institutions, commercial schools, and retail and restaurant uses, but restricts industrial uses to existing uses only;

2.         Prohibits all outdoor storage, auto body and auto repair, service stations and car washes, hotels, funeral homes, night clubs, and new commercial storage uses;

3.         Permits day nurseries, places of worship, private schools, and motor vehicle sales establishments, veterinary clinic, and indoor storage of motor vehicles on a site-specific basis subject to previous zoning by-law amendments;"

 

 

            Resolution No. 7

            Re-number the following proposed recommendation Resolution No. 6:

 

"6)        That Staff be authorized and directed to do all things necessary to give effect to this resolution."

 

            to Resolution No. 7:

 

"7)        That Staff be authorized and directed to do all things necessary to give effect to this resolution."

CARRIED

 

(2)        ONTARIO POWER AUTHORITY’S (OPA) AND
            INDEPENDENT ELECTRICAL SYSTEM OPERATOR’S (IESO)
            STAKEHOLDER ENGAGEMENT PROCESS (5.7)

            Memo

 

Moved by Regional Councillor Jim Jones

Seconded by Regional Councillor Gord Landon

 

            1)         That the memorandum dated July 4, 2013 from Graham Seaman, Senior Manager, Sustainability, regarding the Ontario Power Authority’s (OPA) and Independent Electrical System Operator’s (IESO) stakeholder engagement process for regional energy planning and electrical infrastructure siting being conducted this summer, be received; and,

 

2)         That staff be requested to provide a presentation to General Committee in Fall 2013 on this matter; and further,

 

3)         That the City Clerk be requested to forward this information to the Members of Hydro One Corridor Task Force for their information.

 

CARRIED AS AMENDED

(See following to amend)

 

            Moved by Regional Councillor Jim Jones

            Seconded by Regional Councillor Gord Landon

 

            That the following paragraphs be added as Resolution Nos. 2 and 3:

 

"2)        That staff be requested to provide a presentation to General Committee in Fall 2013 on this matter; and further,

 

3)         That the City Clerk be requested to forward this information to the Members of Hydro One Corridor Task Force for their information."

 

CARRIED

 

 

(3)        SPECIAL OLYMPICS ONTARIO 2013 – ADOPT AN ATHLETE (7.6)

            Report

 

Moved by Councillor Colin Campbell

Seconded by Councillor Alex Chiu

 

            1)         That the report entitled "Special Olympics Ontario 2013 – Adopt an Athlete", be received; and,

 

            2)         That the City adopt two (2) Special Olympics athletes at a cost of $1,000.00 ($500 per athlete); and further,

 

            3)         That staff be authorized and directed to do all things necessary to give effect to this resolution.

 

CARRIED

 

 

(4)        AMENDMENT TO PARKING CONTROL BY-LAW 2005-188
             - WILSON STREET PERMIT PARKING (2.17)

            Report

 

Moved by Councillor Carolina Moretti

Seconded by Councillor Colin Campbell

 

1)                  That the report entitled "Amendment to Parking Control By-law 2005-188 - Wilson Street" be received; and,

 

2)                  That the proposed amendment to the Parking Control By-law 2005-188 included as Attachment 'A' be enacted to implement a daytime, permit parking only area on Wilson Street; and further,

 

3)                  That Staff be authorized and directed to do all things necessary to give effect to this resolution.

            (By-law 2013-140)

 

CARRIED

 

 

 

5.         COMMUNICATIONS

 

Moved by Councillor Carolina Moretti

Seconded by Deputy Mayor Jack Heath

 

That Communication No. 55-2103 be received.

 

Received:

55-2013           COMMUNICATIONS PROVIDING COMMENTS FOR THORNHILL REVITALIZATION AREA - CITY-INITIATED AREA AND SITE SPECIFIC OFFICIAL PLAN POLICIES AND ZONING BY-LAW AMENDMENT (10.0)

                        Communications

 

                        1.         Richard Ruddock, President, Chemline Plastics Limited.

                        2.         Dorothy and Alan Marks.

                        3.         Barry A. Horosko, Brattys Barristers & Solicitors, on behalf of Granite Real Estate Inc.

                        4.         Mary Flynn-Guglietti, McMillan LLP, on behalf of Mercedes-Benz Canada Inc.

                        5.         Gerald S. Swinkin, Blake, Cassels & Graydon LLP, on behalf of Raywal Cabinets.

                        6.         Ronald Ribchester.

                        7.         Tony Busbridge.

                        8.         Warren Ball.

                        9.         Barry and Lori Schwartz.

                        10.       Hannes Broschek.

                        11.       Neil Hamilton.

                        12.       Bob McIndoe.

                        13.       Ian and Maria Galbraith.

                        14.       Doris Kahnert.

                        15.       Rob Lawson.

                        16.       Beth Agnew.

                        17.       David Taylor.

                        18.       Larry Anklewicz.

                        19.       Wayne Arcus.

                        20.       Michael Aaron.

                        21.       Jeff Nezon.

                        22.       Eileen Liasi.

                        23.       Don & Carolyne Gallager.

                        24.       Amanda Eason.

                        25.       J. Lloyd Sexsmith.

                        (See Agenda Item No. 1 for Council's decision on this matter)

 

CARRIED

 

 

 

6.         BY-LAWS

 

 

Three Readings

 

Moved by Regional Councillor Jim Jones

Seconded by Councillor Alex Chiu

 

That By-law 2013-139 be given three readings and enacted:

 

BY-LAW 2013-139    A BY-LAW TO AMEND BY-LAW 77-73, AS AMENDED (CITY-INITIATED AMENDMENT REGARDING THE LANDS KNOWN AS 360 JOHN STREET).

                                    By-law

CARRIED

 

 

Moved by Councillor Carolina Moretti

Seconded by Councillor Colin Campbell

 

That By-law 2013-140 be given three readings and enacted:

 

BY-LAW 2013-140    A BY-LAW TO AMEND PARKING BY-LAW 2005-188 (PERMIT PARKING ON WILSON STREET).

                                    By-law

CARRIED

 

 

 

7.         CONFIRMATORY BY-LAW

 

Moved by Councillor Alex Chiu

Seconded by Councillor Logan Kanapathi

 

That By-law 2013-141 be given three readings and enacted.

 

Three Readings

 

BY-LAW 2013-141    A BY-LAW TO CONFIRM THE PROCEEDINGS OF THE SPECIAL COUNCIL MEETING OF JULY 9, 2013.

                                    By-law

CARRIED

 

 

 

8.         ADJOURNMENT

 

Moved by Councillor Alex Chiu

Seconded by Councillor Don Hamilton

 

That the Special Council Meeting be adjourned at 1:19 a.m. on July 10, 2013.

 

CARRIED

 

 

 

 

 

 

_________________________________                        _______________________________

MARTHA PETTIT                                                            FRANK SCARPITTI

DEPUTY CITY CLERK                                                   MAYOR

 

(Signed)