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                                                                                                                                    2008-05-13

COUNCIL MINUTES  Council Chamber, Civic Centre

Meeting No. 7

 

ROLL CALL

Mayor F. Scarpitti, Deputy Mayor J. Heath, Regional Councillor J. Jones, 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, Councillor A. Chiu. (12)

 

REGRETS

Councillor E. Shapero.

 

 

 

The Regular Meeting of Council was held on May 13, 2008 at 7:08 p.m. in the Council Chamber, Civic Centre.  Mayor F. Scarpitti presided.

 

 

 

STAFF

J. Livey, Chief Administrative Officer

J. Baird, Commissioner of Development Services

A. Taylor, Commissioner of Corporate Services

C. Conrad, Town Solicitor

K. Kitteringham, Deputy Clerk

B. Cribbett, Treasurer

B. Nanninga, Executive Assistant

P. Loukes, Commission Lead, Operations and Waterworks

A. Seabrooke, Commission Lead, Library Services, Fire Services, and Recreation & Culture

J. Wong, Technology Support Specialist

J. Kee, Committee Clerk

V. Shuttleworth, Director of Planning and Urban Design

 

 

 

1.         DISCLOSURE OF PECUNIARY INTEREST

 

(1)        None declared.

 

 


 

2.         MINUTES

 

(1)        COUNCIL MINUTES - APRIL 29, 2008

            Minutes

 

Moved by Councillor J. Virgilio

Seconded by Regional Councillor G. Landon

 

That the Minutes of the Council Meeting held on April 29, 2008, be adopted.

 

CARRIED

 

 

 

3.         PRESENTATIONS

 

Council consented to add Presentation (2).

 

 

(1)        MARKHAM SENIORS CENTRE AND THORNHILL SENIORS CENTRE
            CHEQUE PRESENTATION (12.2.6)

 

Mr. Adrian Smith, President, Older Adults in Action, presented a cheque in the amount of $23,552 to Council to be applied against the operating costs of the Markham Seniors Centre.  Mr. Warren Carroll, President, Thornhill Seniors Club, also presented a cheque in the amount of $16,974 to Council to be applied against the operating costs of the Thornhill Seniors Centre. 

 

On behalf of Council, Mayor F. Scarpitti thanked Mr. Smith and Mr. Carroll for their contribution to the Town of Markham.

 

 

(2)        1456924 ONTARIO INC.
OFFICIAL PLAN AND ZONING BY-LAW
AMENDMENT APPLICATIONS
TO FACILITATE THE USE OF PART OF THE
GROUND FLOOR FOR PROFESSIONAL OFFICE SPACE
161 MAIN STREET, UNIONVILLE
(OP 08 106544, ZA 08 106545) (10.5)

            Report  Attachments

 

Ms. Valerie Shuttleworth, Director of Planning and Urban Design, provided a presentation regarding the proposal at 161 Main Street Unionville. 

 

 


 

4.         DELEGATIONS

 

Council consented to hear Delegations (1) to (12).

 

(1)        Richard Talbot, President, Unionville Ratepayers Association, addressed Council regarding the proposal at 161 Main Street Unionville and spoke in opposition to the proposed application. (10.5) (Clause 1, Report No. 24, 2008)

 

(2)        Donna Miasek, Member, Unionville Ratepayers Association, addressed Council regarding the proposal at 161 Main Street Unionville and spoke in opposition to the proposed application. (10.5) (Clause 1, Report No. 24, 2008)

 

(3)        Karen Chadwick addressed Council regarding the proposal at 161 Main Street Unionville and spoke in support of the proposed application. (10.5) (Clause 1, Report No. 24, 2008)

 

(4)        Peter Wales, Unionville Villagers Association, addressed Council regarding the proposal at 161 Main Street Unionville and spoke in opposition to the proposed application. (10.5) (Clause 1, Report No. 24, 2008)

 

(5)        Gregory McCormick, Chairperson, Unionville BIA, addressed Council regarding the proposal at 161 Main Street Unionville and spoke in opposition to the proposed application. (10.5) (Clause 1, Report No. 24, 2008)

 

(6)        Kim Galway, Royal LePage - Your Community Realty, addressed Council regarding the proposal at 161 Main Street Unionville and spoke in support of the proposed application. (10.5) (Clause 1, Report No. 24, 2008)

 

(7)        Peter Galway, Royal LePage - Your Community Realty, addressed Council regarding the proposal at 161 Main Street Unionville and spoke in support of the proposed application. (10.5) (Clause 1, Report No. 24, 2008)

 

(8)        Jeanne Ker-Hornell, Resident, addressed Council regarding the proposal at 161 Main Street Unionville and spoke in opposition to the proposed application. (10.5) (Clause 1, Report No. 24, 2008)

 

(9)        Ray Smylie addressed Council regarding the proposal at 161 Main Street Unionville and spoke in opposition to the proposed application. (10.5) (Clause 1, Report No. 24, 2008)

 

(10)      Tracy MacKinnon addressed Council regarding the proposal at 161 Main Street Unionville and spoke in opposition to the proposed application. (10.5) (Clause 1, Report No. 24, 2008)

 

(11)      Vivian Risi, Royal LePage - Your Community Realty, addressed Council regarding the proposal at 161 Main Street Unionville and spoke in support of the proposed application. (10.5) (Clause 1, Report No. 24, 2008)


 

(12)      Bill Johnston, Royal LePage - Your Community Realty, addressed Council regarding the proposal at 161 Main Street Unionville and spoke in support of the proposed application. (10.5) (Clause 1, Report No. 24, 2008)

 

 

_____________________________

 

Moved by Deputy Mayor J. Heath

Seconded by Councillor J. Virgilio

 

That Council bring forward for consideration at this time the matter on the proposal at 161 Main Street Unionville.

(See Clause 1, Report No. 24, 2008)

CARRIED

 

______________________________

 

 

 

__________________________________

 

Moved by Regional Councillor G. Landon

Seconded by Regional Councillor J. Jones

 

That Council recess at 9:30 p.m. and reconvene at 9:42 p.m.

CARRIED

___________________________________

 

 

 

5.         PETITIONS

 

(1)        There was no petition.

 

 


 

6(a)      REPORT NO. 21 - GENERAL COMMITTEE (May 5, 2008)

 

Council consented to separate Clauses (4), (7) and (11).

 

Moved by Councillor J. Virgilio

Seconded by Councillor D. Horchik

 

That Report No. 21 - General Committee comprised of 14 clauses be received and adopted.

 

(1)        HERITAGE HOUSE GRANT (16.11.3 & 7.6)

 

That the presentation by Mr. G. Baron regarding a heritage house grant be received; and

 

That the matter be deferred pending a report on a broad policy for the acquisition of lots in order to protect threatened heritage buildings; and further,

 

That the Town express in writing to the Ontario Realty Corporation (ORC) its desire to protect the Armstrong House at 7931 Kennedy Road.

 

CARRIED

 

 

(2)        WEST CATHEDRAL FIRE HALL (7.15)

            Presentation

 

That the presentation by Mr. P. McIntosh, Thomas Brown Associates, regarding the West Cathedral Fire Hall be received; and,

 

That staff be directed to continue with a detailed cost-benefit analysis of the different LEED certification levels; and,

 

That an application for funding for the project be submitted under the Federation of Canadian Municipalities’ Green Municipal Fund; and further,

 

That the further discussion regarding the design of the building be referred to a Unionville Sub-Committee meeting in May 2008.

 

CARRIED

 

 

(3)        LEADERSHIP IN ENERGY & ENVIRONMENTAL
DESIGN (LEED) CANADA COMPLETE INITIATIVE
PILOT PROJECT (5.7)

            Report              Attachment

 

That Markham Staff Report, LEED Canada Complete Initiative Pilot Project, dated May 5, 2008, be received; and,


 

That the Town of Markham participate in the LEED Complete Canada Initiative pilot project for administration buildings for the municipal offices at 101 Town Centre Boulevard; and,

 

That the $3,125 participation fee be funded from Asset Management account # 750-751-5399; and,

 

That the Mayor and Clerk be authorized to execute the necessary agreement to the satisfaction of the Town solicitor; and,

 

That staff consider options for retrofitting the building to make it more bird-friendly; and further,

 

That should future opportunities arise for participating in similar pilot projects respecting building performance and sustainability, the Commissioner of Community and Fire Services and the Clerk be authorized to execute similar agreements to a maximum fee of $10,000.

 

CARRIED

 

 

(4)        UPDATE ON THE MARKHAM GREEN PRINT:
            A COMMUNITY SUSTAINABILITY PLAN (5.7)

            Report    Attachment 1 Attachment 2   

 

That the report entitled “Update on the Markham Green Print: a Community Sustainability Plan” dated April 21, 2008, be received; and,

 

That Council endorse the work plan outlined in this report; and,

 

That Council representation on the Green Print Steering Committee be comprised of Mayor Scarpitti, Regional Councillor Wong, Councillor Shapero as Chair of the Committee, Councillor Burke, Councillor Kanapathi; and further,

 

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

 

CARRIED

 

 

(5)        MARKHAM ENVIRONMENTAL SUSTAINABILITY
            FUND (MESF) - SPRING 2008 (5.7)

            Report  Attachment

 

That staff report “Markham Environmental Sustainability Fund – Spring Funding”, dated May 5, 2008, be received; and,

 

That the presentation by Mr. F. Granek, Vice President, Toronto Region Sustainability Program (TRSP), providing more detailed information relating to the funding request from the Ontario Centre for Environmental Technology Advancement (OCETA) be received; and,


 

That Council approve funding for the following Town-initiated Project as evaluated and recommended by staff and the Environmental Issues Committee, in the amount of $10,000, as follows:

 

1.         Ontario Centre for Environmental Technology Advancement (OCETA) be granted $10,000 for Markham Manufacturers’ Sustainability Program provided that:

·                    the Program starts in September 2008;

·                    the Program be managed by the Manager, Environmental Leadership with  assistance from the Director, Economic Development;

·                    a Program outline first be presented to Environmental Issues Committee for review and approval prior to commencement of the program;

·                    the Mayor and Clerk be authorized to enter into an agreement with OCETA respecting terms and deliverables of this program; and,

 

That OCETA’s further request for $10,000 for holding a Pollution Prevention Stakeholder Workshop be approved, in principle, but a final decision be deferred pending completion of the Sustainability Program to determine what is the best focus for a potential workshop; and,

 

That Council approve funding for these Community Projects as evaluated and recommended by staff and the Environmental Issues Committee in the amount of $24,950, as follows:

 

1.         Unionville BIA for the “Unionville is Cool” LED lighting project be granted ($7,600), following review and approval of the detailed lighting plan and education/promotional proposal and program for tracking savings by:

(i)                  Heritage Markham

(ii)                Manager, Utilities and Contracts

(iii)               Managers of Environmental Leadership and Markham Energy Conservation Office; and,

 

That the Mayor and Clerk be authorized to enter into an agreement with the Unionville BIA who agree to: maintain, replace and repair the lighting; work with the Markham Energy Conservation Office to track all energy cost comparisons to traditional lighting, including energy reduction, greenhouse gas emissions and carbon credits; and, promote and publicize energy savings in the community acknowledging the assistance of MECO and the MESF in their promotional brochures, signage and materials.

 

2.                  Sir Richard W. Scott Catholic School be granted $5,000 for a planting program, subject to approval of a planting plan with native species, maintenance/watering program by Parks staff and signage acknowledging funding from MESF;

 

3.                  All Saints Catholic School be granted $5,000 for a planting program conditional upon the school working with Parks Staff to provide a strengthened proposal with a more comprehensive educational component to the program; approved planting plan with native species, approved maintenance and watering program and signage acknowledging funding from MESF;


 

4.                  10,000 Trees be granted $7,350 for Spring Planting Event in the Rouge Valley which includes cost of administration of the planting program by the TRCA; and,

 

That the Mayor and Clerk be authorized to enter into a Memorandum of           Understanding with 10,000 Trees and the Toronto Region Conservation   Authority for the transfer and administration of the Markham Environmental Sustainability Fund (MESF) funding to TRCA on behalf of the Town in a form satisfactory to the Town Solicitor; and,

 

That funds come from the Markham Environmental Sustainability Fund (MESF), account #87 2800168; and,

 

Should Council wish to publicly recognize the energy conscious initiatives Walden Pond have undertaken in advance of a future incentive/rebate program, they could be awarded a certificate at Council recognizing these important efforts; and further,

 

That Staff be authorized to do all things necessary to give effect to the above.

 

CARRIED

 

 

(6)        MARKHAM MUSEUM WARD BUILDING REHABILITATION
AND COLLECTIONS BUILDING SCHEMATIC DESIGN APPROVAL (6.7)

            Report

 

That the report entitled “Markham Museum Ward Building Rehabilitation and Collections Building Schematic Design Approval” be received; and,

 

That the allocation of $557,000 for the Ward Building Rehabilitation be funded and spent as identified in Council report “Award of Tender 018-T-08 Markham Museum Ward Building Rehabilitation”; and,

 

That Council approve locating the new Museum Collections Building on a site adjacent to the north side of the Reception Centre; and,

 

That Council approve the Schematic Design of the new Museum Collections Building that includes a 16,000 square foot split-level building including site development work, and LEED Silver certification, as detailed in this report as Option 4; and,

 

That Council approve a Schematic Design project cost estimate for the new Collections Building including site development work as summarized below:

Construction                                               

$ 7,300,000

Furniture Fixtures and Equipment            

$    840,000

Internal*                                                    

$ 1,018,000

TOTAL                                                     

$ 9,158,000  

*Internal costs include architectural Fees, signage, insurance, and storage etc


 

And that funding be provided from the following sources:

Previously Approved Capital Funding- Collections Building Project

$  4,390,000

Cultural Spaces Federal Grant and Ward Family Contribution

$     954,500

Total Approved Funding

$  5,344,500

Life Cycle and Capital Reserve           

$  2,283,500

Development Charges Reserve Fund

$  1,530,000

Total Additional Funding

$  3,813,500

 

That Council authorize the architect to proceed with the design of the Collections Building; and,

 

That Staff report the results of the public information meeting to Council as part of the Site Plan Approval process; and,

 

That the Director of Asset Management and the Manager of Purchasing be authorized to negotiate an increase in fees to Ventin Group Architects for the design and construction administration of the Collections Building to reflect the increased complexity and scope of this project; and,

 

That staff make an application for funding to the Federation of Canadian Municipalities’ Green Municipal Fund; and further,

 

That staff report back on options and costs for achieving net zero emissions for the new buildings.

 

CARRIED

 

 

(7)        APPOINTMENTS/RESIGNATIONS TO ADVISORY
            COMMITTEES (16.24)

 

That the resignation of Ms. Sandra McEleney from the Markham Environmental Advisory Committee be accepted with regret and a letter of appreciation be forwarded; and,

 

That the resignation of Ms. Leila Abboud from the Advisory Committee on Accessibility be accepted with regret and a letter of appreciation be forwarded; and,

 

That Ms. Diane Kobelansky be appointed to the Main Street Markham Committee; and further,


 

That the appointment of members to the Main Street Markham Committee be included in the normal advisory committee appointment process.

(Communication No. 37-2008)

CARRIED AS AMENDED

(See following motion to amend)

 

            Moved by Councillor J. Webster

            Seconded by Councillor C. Moretti

 

            That Clause (7), Report No. 21 be amended to include the following:

 

"That Ms. Diane Kobelansky be appointed to the Main Street Markham Committee; and further,

 

That the appointment of members to the Main Street Markham Committee be included in the normal advisory committee appointment process."

 

CARRIED

 

 

(8)        MINUTES OF THE MARCH 18, 2008
            VARLEY MCKAY ART FOUNDATION OF MARKHAM (6.12)

            Mar 18  Ethics Code

 

That the minutes of the March 18, 2008 Varley McKay Art Foundation be received; and,

 

That the following resolution be approved by Council:

 

“That the Board of Directors endorse The Varley-McKay Art Foundation of Markham Ethical Fundraising and Financial Accountability Code subject to the following change in clause (A. 8.):

 

(A. 8.) The Foundation will not exchange, rent or otherwise share, its fundraising lists with other organizations”.

 

CARRIED

 

 

(9)        ACCESSIBILITY STANDARDS FOR CUSTOMER (16.0)
            SERVICE ON. REG. 429/07

            Report              Attachment 1                Attachment 2

 

That the report dated April 8, 2008 and titled “Accessibility Standards for Customer Service, Ontario Regulation 429/07” be received for information; and,


 

That a copy of the report titled “Accessibility Standards for Customer Service, Ontario Regulation 429/07” be distributed to the Markham Advisory Committee on Accessibility for information.

 

CARRIED

 

 

(10)      CEMETERY SERVICE FEES (9.3)

            Report              Appendix C

 

That the Fee Schedule for a burial plot be increased to $650.00; and the fee for a cremation plot be increased to $300.00; and,

 

That staff forward the new Fee Schedule to the Ministry of Government Services, Consumer Protection Branch, Cemeteries Regulation Unit for approval; and,

 

That staff be authorized to review the fees every two years and adjust plot fees based on market comparables, as required; and,

 

That staff report back to Council by June 24, 2008 with a review of the long term adequacy of the Cemetery Trust Fund; and further,

 

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

 

CARRIED

 

 

(11)      OFFICE TOWER APPEALS IN THE CITY OF TORONTO (7.1)

            Report

 

That the report entitled “Office Tower Appeals in the City of Toronto” be received; and,

 

That the Ontario Minister of Finance be requested to take steps to implement the necessary statutory or regulatory amendment to ensure that the current assessment practices in Ontario with respect to assessing land and all improvements thereto continue, including the current methodology for the income approach to value; and,

 

That Council express support for the position adopted by the City of Toronto on this matter; and further,

 

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

 

CARRIED

 


 

(12)      DESIGN, CONSTRUCTION, CONTRACT ADMINISTRATION
AND FINANCING OF A PARKETTE (BLOCK 190, PLAN 65M-3884)
ON COUNTRY GLEN ROAD IN THE CORNELL COMMUNITY
BY MATTAMY (COUNTRY GLEN) LIMITED (6.11)

            Report

 

That the report dated May 5, 2008 to General Committee, entitled “Design, Construction, Contract Administration and Financing of a Parkette (Block 190, Plan 65M-3884) on Country Glen Road in the Cornell Community Cornell by Mattamy (Country Glen) Limited” be received; and,

 

That Council approve the request by Mattamy (Country Glen) Limited to finance the cost of design, construction and contract administration of a parkette (Block 190, Plan 65M-3884) within the Cornell Community, subject to the following conditions:

 

  1. That Mattamy (Country Glen) Limited finance the cost of the design, construction and contract administration of a parkette (totalling 0.59 acres or 0.24 ha in area) to a minimum value of $155,000.00 per acre, which totals approximately $91,450.00 inclusive of PST and exclusive of GST;

 

  1. That, subject to compliance with these terms and conditions, the Town of Markham reimburse Mattamy (Country Glen) Limited up to $91,450.00 (inclusive of PST and exclusive of GST) towards this project from development charges for park development, under the understanding that Mattamy (Country Glen) Limited may contribute additional funds, which will  not be reimbursed by the Town, towards the development of this park;

 

  1. That the Town reimburse Mattamy (Country Glen) Limited for invoices paid on a single lump sum basis for all approved costs associated with the design, construction and contract administration, including all applicable taxes, of this park up to a maximum of $91,450.00 (inclusive of PST and exclusive of GST), less the 10% holdback to be released to them upon final assumption of the park by the Town, after sufficient Development Charges for park development have been collected (90% of a maximum of $91,450.00) at the building permit stage for residential lots within Mattamy’s Country Glen subdivision in the Cornell Community  to warrant repayment in full to the maximum allowable. No interest on such invoices shall be payable by the Town;

 

  1. That owners / developers within the Cornell Community, including Mattamy (Country Glen) Limited not receive any credit towards park development charges and continue to pay the park development charge at the building permit stage for all present and future development phases of subdivisions within the Cornell Community;

 

  1. That Mattamy (Country Glen) Limited hire a landscape architect who is a full member of the OALA (with an Association seal), and approved by the Town, to provide professional design, contract document, and contract administration services to the satisfaction of the Town;

 

  1. That Mattamy (Country Glen) Limited conform with the Town’s standard park and open space approval process which includes development of several design concepts, holding community input meetings, and review and approval by Planning and Urban Design Department staff in consultation with the Town’s Parks Operations Department;

 

  1. That Mattamy (Country Glen) Limited tender out the construction of the park works to a minimum of three bidders to the satisfaction of the Town and include a 2 year detailed maintenance contract for the park to the Town’s satisfaction as part of the tendered works. Costs for the 2 year maintenance contract are the responsibility of Mattamy (Country Glen) Limited;

 

  1. That these parks be included in the Urban Design, Development Services Commission, 2009 Capital Budget submission which will include the amount to be reimbursed and internal consulting fees.

 

Further that staff be authorized and directed to do all things necessary to give effect to this resolution.

 

CARRIED

 

 

(13)      DESIGN, CONSTRUCTION, CONTRACT ADMINISTRATION
AND FINANCING OF A ‘CRESCENT PARK’
(BLOCK 49, PLAN 65M-3995) IN THE
CATHEDRALTOWN COMMUNITY BY CATHEDRAL TOWN
LIMITED AND 404 DEVELOPMENTS INC. (6.11)

            Report

 

That the report dated May 5, 2008 to General Committee, entitled “Design, Construction, Contract Administration and Financing of ‘Crescent Park’ (Block 49, Plan 65M3995) in the Cathedraltown Community by Cathedral Town Limited and 404 Developments Inc.” be received; and,

 

That Council approve the request by Cathedral Town Limited and 404 Developments Inc. to finance the cost of design, construction and contract administration of ‘Crescent Park’ within the Cathedraltown community, subject to the following conditions:

1.   That Cathedral Town Limited and 404 Developments Inc. finance the cost of the design, construction and contract administration of the park (totalling 0.8 acres or 0.33 ha in area) to a minimum value of $145,000.00 per acre, which totals approximately $116,000.00 inclusive of PST and exclusive of GST;

 

2.   That, subject to compliance with these terms and conditions, the Town of Markham reimburse Cathedral Town Limited and 404 Developments Inc. up to $116,000.00 (inclusive of PST and exclusive of GST) towards this project from development charges for park development, under the understanding that Cathedral Town Limited and 404 Developments Inc. may contribute additional funds, which will not be reimbursed by the Town, towards the development of this park;


 

3.   That the Town reimburse Cathedral Town Limited and 404 Developments Inc. for invoices paid on a single lump sum basis for all approved costs associated with the design, construction and contract administration, including all applicable taxes, of this park up to a maximum of $116,000.00 (inclusive of PST and exclusive of GST), less the 10% holdback to be released to them upon final assumption of the park by the Town, after sufficient Development Charges for park development have been collected (90% of a maximum of $116,000.00) at the building permit stage for residential lots within Cathedral Town Limited and 404 Developments Inc. subdivision in the Cathedraltown Community  to warrant repayment in full to the maximum allowable. No interest on such invoices shall be payable by the Town;

 

4.   That owners / developers within the Cathedraltown Community, including Cathedral Town Limited and 404 Developments Inc. not receive any credit towards park development charges and continue to pay the park development charge at the building permit stage for all present and future development phases of subdivisions within the Cathedraltown Community;

 

5.   That Cathedral Town Limited and 404 Developments Inc. hire a landscape architect who is a full member of the OALA (with an Association seal), and approved by the Town, to provide professional design, contract document, and contract administration services to the satisfaction of the Town;

 

6.   That Cathedral Town Limited and 404 Developments Inc. conform with the Town’s standard park and open space approval process which includes development of several design concepts, holding community input meetings, and review and approval by Planning and Urban Design Department staff in consultation with the Town’s Parks Operations Department;

 

7.   That Cathedral Town Limited and 404 Developments Inc. tender out the construction of the park works to a minimum of three bidders to the satisfaction of the Town and include a 2 year detailed maintenance contract for the park to the Town’s satisfaction as part of the tendered works. Costs for the 2 year maintenance contract are the responsibility of Cathedral Town Limited and 404 Developments Inc.;

 

8.   That these parks be included in the Urban Design, Development Services Commission, 2009 Capital Budget submission which will include the amount to be reimbursed and internal consulting fees.

 

Further that staff be authorized and directed to do all things necessary to give effect to this resolution.

 

CARRIED

 


 

(14)      CITY OF KINGSTON
            ZENN CAR & OTHER ELECTRIC AUTOMOBILES
            ON ONTARIO ROADS (13.5.1)

Letter

 

That the letter dated April 2, 2008 from the City of Kingston containing a resolution requesting the Province of Ontario allow the Zenn car and other electric automobiles on Ontario roads be received; and,

 

That the Province be requested to study the viability and safety implications of allowing the Zenn car and other electric vehicles on Ontario roads.

 

CARRIED

 

 

 

6(b)      REPORT NO. 22- DEVELOPMENT SERVICES COMMITTEE (April 29, 2008)

 

Moved by Councillor J. Webster

Seconded by Councillor D. Horchik

 

That Report No. 22 - Development Services Committee comprised of 2 clauses be received and adopted.

 

 

(1)        GROWTH MANAGEMENT STUDY UPDATE (10.0)

            Presentation 

 

That the presentation provided by staff regarding Growth Management Study Update be received; and,

 

That a submission be made by the Town of Markham through the Region of York to the Ministry of Public Infrastructure Renewal Built Boundaries regarding the draft Markham Centre Urban Growth Centre boundary requesting that the East Precinct lands be included and the valleylands be excluded; and further,

 

That if the Ministry of Public Infrastructure Renewal request removal of an equivalent amount of lands that the Town of Markham offer a portion of land west of Warden Avenue.

 

CARRIED

 


 

(2)        INTENSIFICATION ANALYSIS APPROACH
            METHODOLOGY AND EXAMPLES (10.0)

            Presentation 

 

That the presentation provided by staff regarding Intensification Analysis Approach Methodology and Examples be received; and,

 

That the provisos regarding the intensification analysis also include the following:  sustainability, good architecture and design, green development standards and best practices, and compatible built form design (in an area context); and further,

 

That a submission be made to GO Transit requesting them to re-examine the viability and possibility of a GO Station in the John Street and Bayview Avenue area.

 

CARRIED

 

 

 

6(c)      REPORT NO. 23 - DEVELOPMENT SERVICES COMMITTEE (May 6, 2008)

 

Council consented to separate Clause (3).

 

Moved by Councillor J. Webster

Seconded by Councillor J. Virgilio

 

That Report No. 23 - Development Services Committee comprised of 3 clauses be received and adopted.

 

(1)        RULAND PROPERTIES INC.
            DOWNTOWN
MARKHAM – PHASE 1
            ZONING BY-LAW AMENDMENT APPLICATION
            WEST SIDE OF THE BIRCHMOUNT ROAD EXTENSION
            PLAN 19TM01012, MARKHAM CENTRE
            (ZA 08 110137) (10.5)

            Report  Attachment

 

That the Preliminary Report titled “Ruland Properties Inc., Downtown Markham – Phase 1, Zoning By-law Amendment Application”, be received; and,

 

That staff be authorized to schedule a public meeting on the requested zoning amendments; and,

 

That the enhanced notice procedure for Markham Centre applications not be applied to this application, and that the notice for public meeting be based upon the statutory requirement of 120 metres from the property line, as well as a direct mailing to members of the Markham Centre Advisory Committee and all those on record of requesting notice; and,


 

That notice of the public meeting be published in the local newspapers and notice be forwarded to the representatives of the Ratepayer Association of the identified area; and further,

 

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

 

CARRIED

 

 

(2)        INTENTION TO DESIGNATE UNDER PART IV
            OF THE
ONTARIO HERITAGE ACT
            ABRAHAM KOCH HOUSE
            7085 FOURTEENTH AVENUE
            ATTILIO VETTESE (16.11.3)

            Report  Attachment

 

That as recommended by Heritage Markham, the Abraham Koch House – 7085 Fourteenth Avenue, be approved for designation under Part IV of the Ontario Heritage Act as a property of cultural heritage value or interest; 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 Ontario Heritage Act; and,

 

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; and,

 

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.

 

CARRIED

 

 

(3)        3-STREAM DESIGN REQUIREMENTS
            FOR MEDIUM AND HIGH DENSITY
            RESIDENTIAL DEVELOPMENT AND REDEVELOPMENT (5.7)

            Report

 

That the report entitled “3-Stream Design Requirement For Medium And High Density Residential Development And Re-Development” be received; and,

 

That Council endorse the 3-Stream design provisions in Attachment ‘A’ and the transition guidelines included in this report; and,

 

That Staff research the underground waste transport system known as Envac for areas within the Town of Markham that will be developing highrise residential buildings; and,


 

That with respect to apartments and condominiums, staff bring forward a concurrent Phase Three Plan to address renewable items and hazardous waste; and further,

 

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

 

CARRIED AS AMENDED

(See following motion to amend)

 

            Moved by Councillor D. Horchik

            Seconded by Deputy Mayor J. Heath

 

            That Paragraph 3 of Clause (3), Report No. 23 be amended to delete the words "…Markham Centre and other…." after the words "…system know as Envac for".

 

CARRIED

 

 

 

6(d)      REPORT NO. 24 - DEVELOPMENT SERVICES PUBLIC MEETING (May 6, 2008)

 

Council consented to separate Clause (1).

 

Moved by Deputy Mayor J. Heath

Seconded by Councillor J. Virgilio

 

That Report No. 24 - Development Services Public Meeting comprised of 1 clause be received and adopted.

 

(1)        1456924 ONTARIO INC.
OFFICIAL PLAN AND ZONING BY-LAW
AMENDMENT APPLICATIONS
TO FACILITATE THE USE OF PART OF THE
GROUND FLOOR FOR PROFESSIONAL OFFICE SPACE
161 MAIN STREET, UNIONVILLE
(OP 08 106544, ZA 08 106545) (10.5)

            Report  Attachments

 

That the Development Services Commission Report dated March 18, 2008 entitled “Preliminary Report, 1456924 Ontario Inc., Official Plan and Zoning By-law Amendment Applications to facilitate the use of part of the ground floor for professional office space, 161 Main Street, Unionville, OP 08 106544, ZA 08 106545” be received; and,

 

That the Record of the Public Meeting held on May 6, 2008, with respect to the proposed amendments to By-law 122-72, as amended, and the Unionville Core Area Secondary Plan, be received; and,


 

That the applications by 1456924 Ontario Inc. to amend By-law 122-72, as amended, with a restriction that the ground floor office space be for the sole use of Real Estate Offices, and the Unionville Core Area Secondary Plan be approved; and further,

 

That the proposed amendments to By-law 122-72, as amended, and the Unionville Core Area Secondary Plan, be enacted without further notice.

 

DEFERRED

(See following motion to defer)

            Moved by Councillor J. Virgilio

            Seconded by Regional Councillor J. Jones

 

That Clause (1), Report No. 24, be referred to the Unionville Subcommittee for further deliberation and stakeholder consultation; and, that in the absence of a consensus, staff be directed to prepare a report for the June 10, 2008 Council meeting on the application as currently submitted.

 

CARRIED

 

 

 

6(e)      REPORT NO. 25 - DEVELOPMENT SERVICES COMMITTEE (May 13, 2008)

 

Council consented to add Report No. 25.

 

Moved by Councillor J. Webster

Seconded by Regional Councillor G. Landon

 

That Report No. 25 - Development Services Committee comprised of 1 clause be received and adopted.

 

(1)        BILL 64 - AN ACT TO AMEND THE
            PESTICIDES ACT TO PROHIBIT USE
            OF SALE OF COSMETIC PESTICIDES (5.7)

            Report 

 

That Markham Staff Report on Bill 64 – An Act to amend the Pesticides Act to Prohibit Use and Sale of Cosmetic Pesticides, dated May 13, 2008, be received; and,

 

That this report containing recommendations be submitted as the Town of Markham’s comments to Provincial Environmental Registry prior to May 22, 2008; and,

 

That the Town monitor the progress of this legislation and provide comments; and further,

 

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

 

CARRIED


 

 

 

7.         MOTIONS

 

Council consented to add Motion (1).

 

(1)        CHINA EARTHQUAKE DISASTER RELIEF (7.6 & 12.2.6)

 

Moved by Regional Councillor T. Wong

Seconded by Councillor A. Chiu

 

Whereas a massive earthquake occurred in China on May 12, 2008; and

 

Whereas the earthquake has resulted in a significant loss of life and has had a devastating impact; and

 

Whereas a large number of Markham residents have family, friends or colleagues in China;

 

Now therefore be it resolved:

 

That the Town of Markham offer its deepest condolences to the citizens of China; and,

 

That a grant in the amount of $7,500 be provided to China to assist with disaster relief efforts; and,

 

That such a grant be directed through a recognized agency; and further,

 

That staff of the Town of Markham be provided an opportunity to provide financial donations.

 

CARRIED

(2/3 VOTE WAS REQUESTED & OBTAINED)

(CARRIED BY UNANIMOUS RECORDED VOTE)

(See following direction to staff)

(See following to introduce motion)

 

            Staff were requested to investigate and report back to the General Committee meeting scheduled for May 26, 2008 on possible opportunities to provide assistance to the Burma disaster relief effort.

 

            Moved by Councillor L. Kanapathi

            Seconded by Councillor J. Webster

 

            That Council introduce a motion regarding China earthquake disaster relief.

 

CARRIED

 

 


 

8.         NOTICE OF MOTION

 

(1)        There was no notice of motion.

 

 

 

9.         COMMUNICATIONS

 

Moved by Regional Councillor G. Landon

Seconded by Regional Councillor T. Wong

 

That Council receive and consent to the disposition of communications in the following manner:

 

Referred to all Members of Council

33-2008           Markham Village BIA - Requesting an approval from the Town of Markham to close the following roads at Main Street Markham to facility the Pedestrian Mall being held on May 25, 2008 from 10:00 a.m. to 6:00 p.m.:

                        -           Main Street Markham North from Highway 7 to South of Parkway Avenue.

                        -           Access east from Main Street Markham North is closed to:

                                                a)         Centre Street

                                                b)         Robinson Street.

                        -           Access west from Main Street Markham North is closed to:

                                                b.         Dublin Street

                                                c.         Robinson Street

                                                d.         Wilson Street

                        -           Robinson Street West from Main Street Markham North to Water Street. (3.5) (By-law 2008-79)

                        Info

 

 

34-2008           Markham Village BIA - Requesting an approval from the Town of Markham to close Robinson Street from 138 west to 132 between the hours of 6:00 a.m. and 2:00 p.m. during the dates noted below to facilitate the Farmer's Market in 2008:

                       May 17, 24 & 31

                       June 7, 14, 21 & 28

                       July 5, 12, 19 & 26

                       August 2, 9, 16, 23 & 30

                       September 6, 13, 20 & 27

                       October 4 & 11

                        Note:  The closure for May 10, 2008 is being confirmed as well. (3.5)

                        (By-law 2008-80)

                        Info

 


 

Referred to all Members of Council

35-2008           Unionville Village Festival Committee - Requesting an approval from the Town of Markham to close the following roads at Main Street Unionville to facility the Unionville Village Festival being held on June 7 and 8, 2005:

Saturday, June 7, 2008

7:00 a.m. to 12 noon

- Main Street, Unionville north from Highway 7 to north of Library Lane

7:00 a.m. to 11:00 a.m.

- Main Street, Unionville south from Highway 7 to Unionville Gate

- Unionville Gate west from Kennedy Road to Main Street South (signage only)

9:30 a.m. to 11:30 a.m.

- Highway 7 east from Warden Avenue to west of Kennedy By-Pass

7:00 a.m. to 12:00 noon

- No access from Main Street Unionville east onto

a.         Unionville Gate

b.         Unionville Gate Medical Centre Parking Lot

c.         Rouge Avenue

d.         Richard Maynard Crescent

e.         Library Lane

- No access from Main Street Unionville west onto

a.         South Drive

b.         East Drive

c.         Toogood Pond Park

 

Saturday, June 7, 2008

7:00 a.m. to 7:30 p.m.

- Main Street Unionville north from Highway 7 to south of Library Lane

- Fred Varley Drive west from Main Street to east of Fonthill Boulevard

- Fred Varley Drive west of EJ Lennox Way east of plaza driveway (will have limited access for residents)

- Carlton Road west of Wembley Avenue to west of Back Access Lane (Concession Road)

- No access from Main Street Unionville east onto

a.         Eckardt Avenue

b.         Maple Lane

c.         Victoria Avenue

d.         Carlton Road

- No access from Main Street Unionville west onto

a.         Pavilion Street

b.         Euclid Street

c.         Station Lane

d.         Fred Varley Drive

e.         Main Street Lane

f.          Carlton Road


 

Sunday, June 8, 2008

8:00 a.m. to 6:00 p.m.

- Main Street Unionville north from Concession Road to south of Carlton Road

- No access from Main Street Unionville east onto Carlton Road

- No access from Main Street Unionville west onto Fred Varley Drive & Carlton Road (3.5.4) (By-law 2008-81)

                        Info

 

 

36-2008           Liquor Licence Application - Forwarding a request to complete the Alcohol and Gaming Commission Municipal Information Form for Caffe Costadoro, 505 Highway No. 7 East, Unit 35 (indoor and outdoor new licence for existing premises). (3.21)

                        Info

 

 

37-2008           Deputy Clerk - Providing information on the process for appointments to Main Street Markham Committee as requested by General Committee at its meeting held on May 5, 2008.

                        (Clause 7, Report No. 21) (16.24)

                        Memo

 

 

Referred to Commissioner of Development Services & Town Solicitor

38-2008           Ontario Municipal Board - Forwarding an Appointment for Hearing with respect to the appeals submitted by Irina Gordon, 179 John Street. (13.13)

                        Letter

 

CARRIED

 

 

 

10.       PROCLAMATIONS

 

Council consented to add the proclamation of "South Asian Heritage Day".

 

(1)        PROCLAMATIONS (3.4)

            Info 

 

Moved by Regional Councillor G. Landon

Seconded by Regional Councillor J. Jones

 

That the following be proclaimed in the Town of Markham:

- Khilafat Day (May 27, 2008)

- Armenian National Day (May 28, 2008); and,

- Markham Fair Week (Week of September 29, 2008)

- South Asian Heritage Day (May 24, 2008); and,


 

That the Corporate Communications Department be requested to publish the above proclamations in the local newspapers; and,

 

That the Armenian flag be raised on the Town of Markham Civic Centre flagpole for the Armenian National Day; and

 

That the proclamation of May 12, 2008 as "Fibromyalgia and Chronic Fatigue Syndrome Awareness Day" in the Town of Markham be confirmed.

 

CARRIED

 

 

 

11.       NEW/OTHER BUSINESS

 

(1)        LICENSING COMMITTEE HEARING NO. 08-43
            APPEAL OF TAXI DRIVER NOS. 251 AND 1171 (2.23)

 

Moved by Councillor J. Virgilio

Seconded by Councillor L. Kanapathi

 

That the following recommendation of the Licensing Committee from the meeting held on April 30, 2008 be approved and adopted:

 

"That the Hearings for Taxi Driver License #251 and Taxi Driver License #1171 be adjourned until Wednesday, June 25, 2008 ; and,

 

That the Hearings proceed on that date without any further opportunity for postponement; and,

 

That it be recommended that the appellants obtain the services of an interpreter."

 

CARRIED

 

 


 

12.       BY-LAWS

 

Moved by Councillor C. Moretti

Seconded by Regional Councillor J. Jones

 

That By-laws 2008-79 to 2008-85 be given three readings and enacted.

 

Three Readings

 

BY-LAW 2008-79      A by-law to authorize the temporary closure of various roads at Main Street Markham North to facilitate the Pedestrian Mall being held on May 25, 2008 from 10:00 a.m. to 6:00 p.m.

                                    (Communication No. 33-2008) By-law

 

BY-LAW 2008-80      A by-law to authorize the temporary closure of Robinson Street at Main Street Markham North to facilitate the Farmer's Markets in 2008.

                                    (Communication No. 34-2008) By-law

 

BY-LAW 2008-81      A by-law to authorize the temporary closure of various roads at Main Street Unionville to facilitate the Unionville Village Festival being held on June 7 and 8, 2008.

                                    (Communication No. 35-2008) By-law

 

BY-LAW 2008-82      A by-law to amend Zoning By-law 177-96, as amended (Honda Canada Inc., 404 North Secondary Plan Area, north of Elgin Mills, west of Woodbine Avenue, 11258 Woodbine Avenue - To remove (H) Hold provision to permit the construction of an industrial/office building.

                                    By-law

 

BY-LAW 2008-83      A by-law to amend Zoning By-law 2004-196, as amended (Ruland Properties Inc., north of Enterprise Boulevard & east of Rouge Valley Drive, Part of Lots 8 & 9, Concession 5, Markham Centre - to permit the construction of a residential building 14 storeys in height, rather than 10 storeys).

                                    (Clause 1, Report No. 20, 2008) By-law

 

BY-LAW 2008-84      A by-law to amend By-law 2008-17, being a by-law to license, regulate and govern Pesticide Applicators within the Town of Markham (To implement signage requirement).

                                    (Motion (1) - April 29, 2008 Council Minutes) By-law

 

BY-LAW 2008-85      A by-law to amend By-law 2008-18, being a by-law to license, regulate and govern Pesticide Free Yard Care Applicators within the Town of Markham (To implement signage requirement).

                                    (Motion (1) - April 29, 2008 Council Minutes) By-law

 

CARRIED


 

 

13.       IN-CAMERA ITEMS

 

(1)        There was no in-camera item.

 

 

 

14.       CONFIRMATORY BY-LAW

 

Moved by Regional Councillor T. Wong

Seconded by Councillor L. Kanapathi

 

That By-law 2008-86 be given three readings and enacted.

 

Three Readings

 

BY-LAW 2008-86      A by-law to confirm the proceedings of the Council meeting of May 13, 2008.

                                    (Council Meeting No. 7, 2008) By-law

 

CARRIED

 

 

 

15.       ADJOURNMENT

 

Moved by Councillor A. Chiu

Seconded by Deputy Mayor J. Heath

 

That the meeting do adjourn.

CARRIED

 

 

Council adjourned at 10:04 p.m.

 

 

 

 

 

 

 

__________________________________                ________________________________

KIMBERLEY KITTERINGHAM                               FRANK SCARPITTI

DEPUTY CLERK                                                       MAYOR

 

 

(Signed)

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