COUNCIL MINUTES Council Chamber, Civic Centre
Meeting No. 10
COMMITTEE
OF THE WHOLE (Canada Room)
ROLL
CALL
Mayor D.
Cousens, Deputy Mayor F. Scarpitti, Regional Councillor J. Heath, Regional
Councillor J. Jones, Regional Councillor B. O'Donnell, Councillor S. Daurio,
Councillor E. Shapero, Councillor G. McKelvey, Councillor J. Webster,
Councillor D. Horchik, Councillor K. Usman, Councillor A. Chiu. (12)
REGRETS
Councillor J. Virgilio. (1)
Moved by Councillor A. Chiu
Seconded
by Regional Councillor B. O'Donnell
That Council resolve itself
into the Committee of the Whole to discuss the following:
(1) Adult
Entertainment – Goods By-law (2.12)
(2) Tender
– Wismer Community Park (7.12.1)
(3) Tender
– South Unionville Community Park (7.12.1)
(4) Licensing
Hearing "Yu Yu Spa" (2.0)
(5) Licensing
Hearing "Green Hut Health Centre" (2.0)
(6) National
Research Council Business Expense Approval (10.16)
(7) 2006
Advisory Committee/Board Appointments (16.24)
(8) Wynberry Developments
Inc. (10.7, 10.5)
(9) Extended Driveways
Committee (16.24)
(10) Ontario Municipal Board
Appeal - Terry Green, 10813 Woodbine Avenue (10.12)
(11) Information Technology
Service Agreement (3.19)
(12) Property
Acquisition Requirements – Markham District Energy Inc. and Enterprise
Boulevard (8.1)
CARRIED
The Regular Meeting of Council was held on May 9, 2006 at 7:00
p.m. in the Council Chamber, Civic Centre. Mayor D. Cousens presided.
COUNCIL
(Council Chambers)
ROLL
CALL
Mayor D.
Cousens, Deputy Mayor F. Scarpitti, Regional Councillor J. Heath, Regional
Councillor J. Jones, Councillor S. Daurio, Councillor E. Shapero, Councillor G.
McKelvey, Councillor J. Webster, Councillor D. Horchik, Councillor K. Usman,
Councillor A. Chiu. (11)
REGRETS
Regional
Councillor B. O'Donnell, Councillor J. Virgilio.
(2)
STAFF
J. Livey, Chief Administrative Officer
J. Baird, Commissioner of Development
Services
S. Birrell, Town Clerk
C. Conrad, Town Solicitor
B. Cribbett, Treasurer
K. Kitteringham, Deputy Clerk
P. Loukes, Director of Operations
V. Shuttleworth, Director of Planning and Urban
Design
A. Taylor, Commissioner of Corporate Services
B. Nanninga, Executive Assistant
1. DISCLOSURE OF PECUNIARY INTEREST
None.
2. REPORT OF THE COMMITTEE OF THE WHOLE
Moved by Councillor G. McKelvey
Seconded by Councillor K. Usman
That Council rise from the Committee of the
Whole and the Chairman report.
CARRIED
Mayor D.
Cousens reported the following motions passed at the Committee of the Whole
meeting:
(1) ADULT ENTERTAINMENT GOODS BY-LAW - CUPID
BOUTIQUE (2.12)
Report UpdateReport
That a by-law be enacted to amend By-law
2002-286, “A by-law respecting the licensing, regulating and inspecting of
Adult Entertainment Parlours for the provision of goods” to:
·
Redefine Adult
Goods so that retail establishments whose primary business is the provision of
all adult goods, including adult novelties, will be licensed and regulated;
·
Provide a
regulation to prohibit the display of adult goods, so as to be not visible from
the exterior of the premises;
·
Redefine Class B
Adult Entertainment Parlours to provide a more proportionate measurement that
distinguishes these businesses from Class A.
(By-law
2006-108)
(2) AWARD
OF TENDER #034-T-06 - CONSTRUCTION OF WISMER
COMMUNITY PARK (7.12.1)
Report
That the report entitled “Award of Tender #034-T-06, Construction of Wismer Community Park” be received;
And that the contract for tender #034-T-06
for the construction of Wismer Community Park be awarded to the lowest price
qualified bidder, Gateman Milloy, in the base bid amount of $2,929,554.36 plus
provisional items 1.0 to 10.0 and 12.0 to 14.0, in the amount of $291,210.00
for a total award amount of $3,220,764.36, exclusive of GST;
And that a consultant and construction
contingency amount of $480,000.00 exclusive of GST be established to cover any
additional consulting services and/or sub-consulting fees and to cover any
additional construction costs including authorized contingencies and approved
change orders, and that the Director of Planning & Urban Design or
designate be authorized to approve expenditure of this contingency amount up to
the specified limit in accordance with the Expenditure Control Policy with the provision that a monthly statement of these expenditures is
forwarded to the Town Treasurer;
And that the balance of funds in the account
in the amount of $297,207.04 be retained and used in accordance with the
Purchasing By-law, as required at a later date for permanent park works
associated with Phase 3 construction adjacent to the future Castlemore Avenue;
And that this project be funded from:
1.
Planning and Urban Design’s 2004 Capital Budget
account #81-5350-6251-005, Wismer Community Park, in the amount of
$2,807,500.00;
2.
Planning and Urban Design’s 2006 Capital Budget
account #81-5350-7040-005, Wismer Community Park additional features in the
amount of $1,630,200.00;
And further that upon payment of all invoices
associated with this project, any remaining funds will be returned to the
original funding sources.
(3) AWARD OF TENDER #164-T-05 - CONSTRUCTION
OF SOUTH
UNIONVILLE COMMUNITY PARK (7.12.1)
Report
That the report entitled “Award of Tender #164-T-05, Construction of South Unionville
Community Park” be received;
And that the contract for tender #164-T-05
for the construction of South Unionville Community Park be awarded to the
lowest price qualified bidder, Gateman Milloy, Ltd. in the base bid amount of
$697,565.07 plus provisional items 1 to 3 in the amount of $41,785.00 for a
total award amount of $739,350.07 exclusive of GST;
And that a consultant and construction
contingency amount of $53,648.93 exclusive of GST be established to cover any
additional consulting services and/or sub-consulting fees and to cover any
additional construction costs including authorized contingencies and approved
change orders, and that the Manager of Parks and Open Space Development be
authorized to approve expenditure of this contingency amount up to the
specified limit in accordance with the Expenditure Control Policy;
And that this project be funded from:
1. Planning and Urban
Design’s 2003 Capital Budget account #81-5350-5194-005, South Unionville
Community Park, in the amount of $730,000.00;
2. Planning and Urban
Design’s 2004 Capital Budget account #81-5350-6257-005, South Unionville
Greenway in the amount of $131,100.00;
3. Available balance in
Planning and Urban Design’s 2002 Capital Budget account #81-5350-4715-005,
South Unionville Village Green (phase 2) in the amount of $11,657.00;
And further that upon payment of all invoices associated with this
project, any remaining funds will be returned to the original funding sources.
(4) LICENSING
HEARING - "YU YU SPA"
145 ROYAL CREST COURT, UNIT
#40, MARKHAM (2.0)
That the
following recommendation of the Markham Licensing Committee be deferred for two
weeks for addition information:
"That the renewal
application for a 2005 licence to own and operate a Complimentary Healthcare
establishment known as "Yu Yu Spa", at 145
Royal Crest Court, Unit 10, Markham, Ontario be denied pursuant to
By-law 2002-292, A By-law Respecting the
Licensing and Inspecting of Body-rub Parlours and Attendants and Complementary
Health Care Service Providers and Attendants;
And that pursuant to section 25(1) of the
Statutory Powers Procedure Act, this decision not be stayed by any appeal of
this decision that may be instituted in the courts."
(5) LICENSING HEARING - "GREEN HUT
HEALTH CENTRE",
3980 14TH AVENUE, UNIT #7,
MARKHAM (2.0)
That the following
recommendation of the Markham Licensing Committee be adopted and confirmed:
"That the renewal application for a 2005 licence to own and operate a
Body Rub establishment known as "Green Hut Health Centre", at 3980
14th Avenue, Unit 7, Markham, Ontario, be denied due
to the presentation of strong evidence indicating that the business is no
longer in operation and that there is also grounds to believe that the
appellant will not carry on the business in accordance with By-Law 2002-292 or
with honesty and integrity;
And that pursuant to section 25(1) of the Statutory Powers Procedure Act,
this decision not be stayed by any appeal of this decision that may be
instituted in the courts."
(6) NATIONAL
RESEARCH COUNCIL PROJECT - BUSINESS EXPENSE AUTHORIZATION
(10.16)
Report
That the
report entitled “National Research Council Project Business Expense Authorization”
be received;
And that
Council authorize Deputy Mayor Frank Scarpitti to attend meetings in Ottawa relating to
National Research Council (NRC) on May 16 and 17, 2006, at a cost not to exceed
$1,500 to be funded from the Business Travel account #610-9985201.
(7) 2006
ADVISORY COMMITTEE/BOARD APPOINTMENTS (16.24)
That the following persons be appointed to
the Cornell Advisory Group:
Cornell
Advisory Group
Deputy Mayor F. Scarpitti
Regional Councillor J. Heath
Councillor J. Webster
Renee Torrington, President, Cornell Ratepayers Association
Andrew Keyes, Cornell Ratepayers Association
Robert Baird, President, Sherwood-Amberglen Ratepayers Association
Keith Thirgood, The Old Markham Village Ratepayers Inc.
Al Bishop, Landowner Rep, Trustee, Developers Group
Niomie Massey, Landowner Rep, Cornell Rouge
Dan Leeming, Planning Consultant, The Planning Partnership
Christine Joe, Director of Planning & Partnerships, Markham-Stouffville Hospital
Vijay Chauhan, York Region Transit
Partnership (VIVA)
Peter Chackeris (alternate)
Sean Hertel, York Region
Planning and Development Services
Daniel DelBianco, York District Catholic School Board
Jessica Peake, York Region District School Board
Kevin Huang, Toronto Region
Conservation Authority
That
the following persons be appointed to the Markham Race Relations Committee for
a term to expire November 30, 2009:
Race Relations Committee
Jobson Easow (Markham)
Kevin Koo (Unionville)
Carina Mahendrarajah (Markham)
Moved by Councillor G. McKelvey
Seconded by Councillor J. Webster
That the Report of the Committee of the Whole
be adopted, approved and confirmed.
CARRIED
3. MINUTES
(1) COUNCIL
MINUTES - APRIL 25, 2006
Moved by Councillor A. Chiu
Seconded by Councillor K.
Usman
That the Minutes
of the Council Meeting held on April 25, 2006, be adopted.
CARRIED
4. PRESENTATIONS
Council consented to add
Presentations (4).
(1) RECOGNITION
- GRAHAM THOMPSON (12.2.6)
Council
recognized Graham Thompson for his bravery and action in a time of crisis.
(2) MANY
FACES OF MARKHAM 2006 (12.2.6)
Council
acknowledged and presented certificates to the following Members of Many Faces
of Markham Committee, Performers and Volunteers for their contribution and
support to the recent, very successful Many Faces of Markham celebration:
Members
of Many Faces of Markham Committee
Warren Ali Many Faces of Markham
Nolly Dave Many Faces of Markham
Iris Leung Many Faces of Markham
Malynne Maloney Many Faces of Markham
Alex Ribeiro Many Faces of Markham
Linda Stewart Many Faces of Markham
Murali Visvalingam Many Faces of Markham
Performers
Jesse Colautti Emcee
Timothy Galang Emcee
Serena Brar Flamenco Dancers"Companeros de
Baile"
Susan Chernow Flamenco
Dancers"Companeros de Baile"
Christene Duncan Flamenco Dancers"Companeros de Baile"
Deborah Franklin Flamenco Dancers"Companeros de
Baile"
Laura Tsui Flamenco Dancers"Companeros de
Baile"
Wally
Osbaldeston Markham Concert Band
Michela Chiappa Sir Richard W. Scott Drummers
Kristen Fung Sir Richard W. Scott Drummers
Monica Gerges Sir Richard W. Scott Drummers
Deborah Ramcharran Sir Richard W. Scott Drummers
Diane Rivard Sir Richard W. Scott Drummers-Teacher
Daniel Wilson Sir Richard W. Scott Drummers
Chi
Cheng Toronto Chinese Dance Company
Catherine
Yiu Toronto Chinese Dance Company
Volunteers
Valerie Burke
John Haley - Director, Environmental
Services, Markham Stouffville Hospital
Joanne Olsen
Sharyn Roboz
Vince Rotondi
John Wong - IT
Department, Town of Markham
(3) 2006
NORTH AMERICAN SOCIETY OF TRENCHLESS
TECHNOLOGY (NASTT) AWARD
(12.2.6)
Council was presented with the North American
Society of Trenchless Technology Award. The award
is in recognition of Markham’s leadership and continuous excellence in the
application of various methods of trenchless technology for a sustainable
municipal infrastructure.
Moved by
Councillor G. McKelvey
Seconded by Councillor
A. Chiu
That Council
resolve into Committee of the Whole.
CARRIED
2. REPORT OF THE COMMITTEE OF THE WHOLE -
cont'd
Moved by
Councillor G. McKelvey
Seconded by
Councillor K. Usman
That Council
rise from the Committee of the Whole and the Chairman report.
CARRIED
Mayor D.
Cousens reported the following motions passed at the Committee of the Whole
meeting:
(8) WYNBERRY DEVELOPMENTS INC. - WISMER
COMMONS COMMUNITY
PLAN OF SUBDIVISION AND
IMPLEMENTING ZONING
BY-LAW (SU 01 119048
(19TM-01020 PHASE 2) ZO 01 119040)
(10.7, 10.5)
Report
1
2
3
4
5
6
7
8
9
A
B
Correspondence
That draft
plan of subdivision 19TM-01020 (Phase 2) (Wynberry Developments Inc.), located
on the south side of Monkhouse Road, east of Spencer Avenue, be draft approved
subject to the conditions outlined in Appendix “A” to the staff report dated
April 18, 2006;
That the
application submitted by Wynberry Developments Inc. to amend Zoning By-laws
304-87 and 177-76, as amended, be approved subject to the By-law including a
height restriction to limit permitted dwellings types to bungalows on Lots
44,45 and 46 of the Plan of Subdivision, a height restriction to limit the
permitted two-storey dwellings on the remaining lots to 9.14m (30 ft) measured
from established grade to the top of the roof, a side yard setback provision of
6 feet and 4 feet to allow a proper separation and ensure the new development
does not give the appearance of a solid wall of new construction, and built-to
provisions to ensure that the buildings are sited as close as possible to the
front lot line to maximize the rear yard setback, and the draft by-laws
attached as Appendix ‘B’ to the staff report dated April 18, 2006 (as amended
on May 9th, 2006), be enacted;
That the
applicant agrees to pay their proportionate share of the Highway 48 flow
control measures, to the satisfaction of the Director of Engineering;
That Wynberry
Developments Inc. be granted a servicing allocation of 12 units for draft plan
19TM-01020 (Phase 2), such allocation to be from the total allocation for the
Wismer Commons Community, in accordance with the November 22, 2005 report on
servicing allocation;
That the Town
reserves he right to revoke or reallocate the servicing allocation should the
development not proceed in a timely manner;
That the Region
of York be advised of the servicing allocation for this development;
That the
application provide to the Town the 30% payment of the required subdivision
processing fees in accordance with the Town’s Fee By-law (By-law 211-83, as
amended by By-law 2005-189); and
And further
that the draft plan of approval for plan of subdivision 19T-01020 (Phase 2)
will lapse after a period of three years commencing April 18,, 2006, in the even that a subdivision agreement is not executed within
that period.
(9) EXTENDED
DRIVEWAYS COMMITTEE (16.24 & 10.5)
Report Revised
Terms of Ref
That the Terms of Reference for the Working
Group established for the purpose of commenting upon and refining the proposal
for dealing with front and exterior parking in residential areas, outlined in
the revised Schedule “A” be approved;
And that the following public process, to
commence May 18th, be
approved:
·
Two Working Group
Workshops, chaired by a Facilitator
·
Four Public
Information Sessions in each of the four sections of Markham
·
Additional
Working Group meetings, as required
·
Special
Development Services Committee Meeting Presentation
·
Council for final
approval;
And that staff work with the Working Group
and Members of Council to establish suitable public information meeting dates:
And that the interim communications plan that
includes: (1) communication in writing with all residents who requested
notification and to residents involved in all of the outstanding
investigations, (2) notices in the local papers, (3) notices on the Town
website, (4) publish notices on the Community Centre marquees; and (5)
education at the Contact Centre level to assist staff in responding to queries.
And that the following citizen
representatives be appointed to the Working Group:
Name Ward
Rob Watters 1
Paul Fink 2
Harry Eaglesham 3
Ranveer Persaud 4
Don Hutchinson 5
David Johnston 6
7
Jeanette Anbinder 8
And, that Councillor K. Usman appoint a Ward
7 citizen representative to the Working Group within four days from May 10, 2006,
to be later ratified by Council;
And, that the Mayor and the Regional Town
Councillors appoint one citizen to the Working Group within four days from May
10, 2006, one from each of the four areas of Markham, to be later ratified by
Council;
And that individual Members of Council may
attend the Working Group sessions as observers only;
And that the Facilitator chair the public
information meetings, gather input from the community residents, prepare-or at
least assist-in the preparation of the report.
CARRIED
Regional Councillor B.
O'Donnell withdraw from the meeting.
5(a) REPORT NO. 17 - GENERAL COMMITTEE
Council
consented to separate Clauses (3), (7) and (10).
Moved by Councillor G.
McKelvey
Seconded by Councillor K. Usman
That Report No
17 - General Committee be received and adopted.
April 24, 2006
(1) MARKHAM STOUFFVILLE HOSPITAL
FOUNDATION’S
GUINNESS WORLD RECORD GOLF DAY
JULY 3, 2006 (12.2.6)
Presentation
That
the presentation by Mr. B. Dearsley of The Event Ambassadors regarding Markham
Stouffville Hospital Foundation’s Guinness World Record Golf Day, be received
and the program be endorsed;
And
that July 3, 2006 be proclaimed the
Guinness World Record Golf Day;
And
that Markham staff post information on the event to the Town of Markham’s
website.
(2) CORNELL
PUBLIC SCHOOL ADULT
SCHOOL CROSSING GUARD STUDIES
AND ALL-WAY STOP CONTROL WARRANTS (5.12)
Report Attachments
Whereas the
Cornell Public School and the Parent and Student Community have made attempts
to implement a student patrol program and it failed;
And Whereas
the Cornell Public School, the Community and the Parent Association have
proposed a fifty percent (50%) cost sharing of the hiring, training and
employing an adult crossing guard on Country Glen Road;
Now be it
resolved that the report dated April 24, 2006 entitled Cornell
Public School - Country Glen Road – Adult School Crossing Guard Studies and
All-way Stop Control Warrants, be received;
And that, as an interim measure, the Town of Markham equally share the
cost to hire, train and employ an adult crossing guard to assist with students
and persons crossing the intersection of Country Glen Road and Cornell Common
Rd / Donald Sim Ave for the 2006/2007 calendar school year;
And that Town staff assess and report back to General Committee on the
pilot project and on the option of a flashing light at the end of the 2006/2007
calendar school year as to the merits of the interim measure.
(3) ADULT ENTERTAINMENT – GOODS BY-LAW
(2.12)
Report
That
a by-law be enacted to amend By-law 2002-286, A By-law
Respecting the Licensing, Regulating and Inspecting of Adult Entertainment
Parlours for the Provision of Goods to:
·
Redefine adult
goods so that retail establishments whose primary business is the provision of
all adult goods, including adult novelties, will be licensed and regulated;
·
Provide a
regulation to prohibit the display of adult goods, so as to be not visible from
the exterior of the premises; and
·
Redefine Class B
Adult Entertainment Parlours to provide a more proportionate measurement that
distinguishes these businesses from Class A;
And that an
exemption to the distance separation requirements included in the proposed
By-law 2002-286 be approved for Cupid Boutique, 1 Masseyfield Gate, Town of
Markham,
And that staff
bring forward a report to the May 9, 2006 Committee of the Whole containing the
conditions upon which the exemption would be granted, including:
·
Entering into an
agreement
·
Not being
transferable
·
No sale of videos
·
Items and
advertisement of items not visible from the exterior of the building
·
Five years with
no option for renewal
(By-law 2006-108)
(See Committee of the Whole Motion (1))
WITHDRAWN
(See following motion to withdraw)
(See Committee of the Whole Motion (1))
Moved by Councillor G. McKelvey
Seconded by Councillor A. Chiu
That Clause (3) be withdrawn.
CARRIED
(4) MARKHAM COMMUNITIES IN BLOOM BANNER
PROGRAM AND GATEWAY SIGNAGE
(3.0 & 3.13)
Report
That
the report entitled Markham Communities in
Bloom Banner Program and Gateway Signage, be received;
And
that Council approve the Markham Communities in Bloom Committee request to
establish a Markham Communities in Bloom banner sponsorship program;
And
that the existing sign By-Law 2002-94 be amended to include Town of
Markham-approved Markham Communities in Bloom banners as listed signage exempt
from by-law regulations;
And
that Council approve the addition of sign tag on Markham population signs to
state “Markham Communities in Bloom – Provincial Champions.”
(5) DRAFT 2005 CONSOLIDATED FINANCIAL
STATEMENTS (7.2)
Report
Auditor's
Report Attachments
That
the report Draft 2005 Consolidated Financial Statements
be received;
And
that Council approve the Corporation of the Town of Markham’s Draft
Consolidated Financial Statements for the fiscal year ended December 31, 2005;
And
that Council authorize staff to issue the Consolidated Financial Statements for
the fiscal year ended December 31, 2005 upon finalization of all consolidated
amounts;
And
that two new reserves, the “Election Expenses Reserve” and the “Election Rebate
Reserve”, be established;
And
that Council authorize the transfer of $484,100 from the 2005 Surplus to the
Election Expenses Reserve to fund election expenses;
And
that Council authorize the transfer of $150,000 from the 2005 Surplus to the
Election Rebate Reserve to fund future election rebate expenses;
And
that the funds required to offset the 2006 election expenses be transferred
from the Election Expenses Reserve to the Operating Fund;
And
that annual transfers to, or draws from the Election Expense Reserve and the
Election Rebate Reserve be considered during annual budget deliberations.
(6) PAPERLESS AGENDA SYSTEM (16.23)
Report Attachments
That,
consistent with Markham’s high tech image and the green initiative, staff be
authorized to implement a paperless agenda system for Standing Committee,
Committee of the Whole and Council meetings concurrent with the new term of
Council;
And
that RFP 068-R-05 Electronic Agenda Software Management be awarded to the
highest ranked and the lowest priced proponent, IKON, in the amount of
$120,239.64 inclusive of disbursements, maintenance and support for four (4)
years and exclusive of GST, to be funded from the Life Cycle Replacement and Capital
Reserve;
And
that the remaining costs associated with this project, not to exceed $100,000,
be funded from the Replacement and Capital Reserve;
And
that all Standing Committee, Committee of the Whole and Council meetings be
held in the Council Chamber and that computer equipment be installed in the
Chamber for Members of Council and Senior Management;
And
that a Project Manager be contracted to manage the project during the election
year.
CARRIED
(7) COUNCIL MEETING DECORUM (16.23)
Report
That
a by-law be enacted to amend By-Law No. 2001-1, “A By-Law to Govern the
Proceedings of Council and Committees of Council” as follows:
1. 3.13
Delegations – add the following new subsection (5):
“Delegates shall respond to questions from
the Members of Council only through the Chair.”
2. 3.14
Decorum – add the following new section:
1. Attendees
at a meeting shall maintain order and shall not display signs or placards,
heckle or engage in telephone or other conversation or any behaviour that may
be considered disruptive.
2. All
cell phones and electronic devices shall be turned off and/or set to silent
mode during a meeting.
3. The
Chair may request security to expel or exclude from any meeting any person who
disrupts the meeting.
4. No
person, except Members of Council and staff of the Town, shall be allowed to
approach the dias where the Members of Council are seated.
5. Members
of the public who wish to submit materials for Council must do so through the
Clerk.
3. Renumber
the existing Sections 3.14 to 3.26 to 3.15 to 3.27;
And further,
that staff be directed to prepare a communication explaining the rules and the
need for same that will be displayed on the large screens in advance of Council
meetings and the deputation application form be amended to include similar
information.
(By-law
2006-109)
CARRIED AS AMENDED
(See following motion to amend)
Moved by Regional Councillor J.
Heath
Seconded by Councillor G. McKelvey
That Clause (7) be amended to delete
the following in its entirety:
"5. Members of the public are permitted to
distribute materials for Council through the Clerk."
And that the following be
substituted therefor:
5. Members of the
public who wish to submit materials for Council must do so through the Clerk.
CARRIED
(8) USE OF TORONTO FIRE SERVICES
TRAINING FACILITIES (7.15)
Report Attachment
That
Council authorize the Mayor and Clerk to sign a Permission, Release, Covenant
and Indemnification to the City of Toronto and the Toronto Fire Services
respecting the use of Toronto Fire Services training facilities for training
exercises by Town of Markham recruit firefighters, in a form satisfactory to
the Town Solicitor.
(9) ENVIRONMENTAL ISSUES COMMITTEE
PHASE 2 – TURF CARE AND MAINTENANCE
PRACTICES REVIEW – REQUEST FOR
APPROVAL (3.0)
Memorandum
That the
memorandum outlining the model for Phase Two (2) of the Turf Care and
Maintenance Practices Review, be received and that Phase Two, be approved;
And that participation in the roundtable
workshop noted to be a component of the Turf Care and Maintenance Practices
Review be limited to Markham staff and the designated consultants.
CARRIED
(10) MAIN STREET TRUCK PROHIBITION (5.12)
Presentation
That the presentation by Mr. A. Brown, Director, Engineering, regarding
the Main Street truck prohibition be received;
That
the deputation by Mr. B. Baird, Sherwood Amberglen Ratepayers Association,
regarding his request that 9th Line not be designated an alternative
route for truck traffic if the prohibition of trucks on Main Street comes into
effect, be received;
And commencing June 1, 2006, trucks be prohibited on Main Street,
Markham, and that staff prepare and present a report to General Committee on
May 15, 2006 summarizing the details of the prohibition and any costs involved.
CARRIED AS AMENDED
(See following motion to amend)
Moved by Regional
Councillor J. Heath
Seconded by Councillor
E. Shapero
That Clause (10) be amended to
defer the following paragraph until the Region of York issues its report.
"And that the Town of Markham request the Region of York to continue
the ban trucks from Highway 7 down 9th Line all the way to Steeles
Avenue."
CARRIED
(11) SPEED LIMIT REVISION – 14TH
AVENUE (5.12.2)
Report Attachments
That
the report entitled 14th Avenue
Speed Limit, dated April 24, 2006, be received;
And
that Council endorse the proposal to reduce the speed limit on 14th
Avenue (Markham Road to Ninth Line) from 60km/h to 50 km/h as proposed by the
Region of York in their report dated February 16, 2006;
And
that the Regional Clerk be advised accordingly.
5(b) REPORT NO. 18 - GENERAL COMMITTEE
Council
consented to separate Clause (7).
Moved by Councillor
S. Daurio
Seconded by Councillor
G. McKelvey
That
Report No. 18 - General Committee be received and adopted.
May 1, 2006
(1) TAX WRITE-OFFS IN ACCORDANCE WITH
SECTION 354 OF THE
MUNICIPAL ACT, 2001 (7.3)
Report
That
taxes totalling $99,862.50 (includes penalty and interest estimated in the
amount of $8,885.25) as set out in this report be written off pursuant to the
provisions of Section 354 of the Municipal Act, 2001;
And
that the applicable penalty and/or interest charges be adjusted accordingly;
And
that the Treasurer be directed to remove the taxes from the Collector’s Roll.
(2) 2006 CELEBRATE MARKHAM GRANTS (7.6)
Report Att
That approval of the Celebrate Markham allocation for 2006 for the
Taste of Asia Festival be deferred;
And that Dr. Ken Ng be invited to attend General Committee to provide
additional information regarding the 2006 Taste of Asia Festival funding
request;
And
that the report dated May 1, 2006
entitled “2006 Celebrate Markham Grants” be received;
And
that the Grants Sub-Committee’s proposed allocation of Celebrate Markham grants
as shown on Appendix A, with the exception of the Taste of Asia Festival, be
approved.
(3) MARKHAM BY-PASS/MORNINGSIDE AVENUE
EXTENSION (5.10)
Report
That the
update from Mr. A. Brown, Director, Engineering, regarding the Markham By-Pass/Morningside
Avenue Extension, be received;
And that the
Ministry of Transportation be requested to intervene in this issue.
(4) ECKARDT MCKAY LANDSCAPE DESIGN
AND GARDEN CAMPAIGN
(6.12 & 6.0)
Report Att
That the
report titled “Eckardt-McKay
Landscape Design & Garden Campaign” be received;
And that the
Landscape Plan for the Eckardt-McKay House, attached as Appendix A, be
approved;
And that the
Fundraising Campaign and Targets, as outlined in the report be approved;
And that the
Donor Recognition Program, as outlined in the report be approved;
And that
funding in the amount of $127,000 be committed from the 2007 Capital budget;
$86,400 from Development Charges and $40,600 from the Lifecycle Replacement and
Capital Reserve;
And further
that the additional operation costs in the amount of $6,400 will be brought
forward for consideration in the 2007 Parks Maintenance budgets.
(5) PURCHASE OF FIRE PUMPERS AND APPARATUS
PREFERRED SUPPLIER (7.15)
Report
That
Council authorize the Fire Chief and the Manager of Purchasing to enter into a
sales agreement with Safetek Emergency Vehicles, as the Canadian sales
distributor for Smeal Fire Apparatus Co. (Inc.), Nebraska U.S.A., for the
purchase of two (2) - Pumper Fire Apparatus for an amount not to exceed
$1,300,000 inclusive of import fees;
And
that $750,000 of the funding for the pumper replacements be funded from the
2006 Fleet capital account 57-6150-7112-005;
And
that the 2006 Fleet capital account 57-6150-7112-005 be amended to include one
additional pumper replacement;
And
that the shortfall in funding in the amount of $550,000 be provided for from
the Life Cycle Replacement and Capital Reserve;
And
that pumper 921 and pumper 941 be disposed of in accordance with the Purchasing
by-law 2004-341 upon receipt of the two new pumpers.
(6) PROCLAIM JUNE AS RECREATION AND PARKS
MONTH (6.3, 6.4)
Report
That the staff report titled Proclaim June as Recreation and Parks Month, dated May 1,
2006 be received;
And that June be proclaimed as Recreation and
Parks Month.
(7) ENVIRONMENTAL ISSUES COMMITTEE: MINUTES
OF
MARCH 30, 2006 AND MARCH 31,
2006 (3.0)
March
30 March
31
That the minutes of the Environmental Issues
Committee meeting held on March 30, 2006 and March 31, 2006, be received;
And that the following recommendations of the
Environmental Issues Committee at its March 30, 2006 meeting, be approved:
“That the application by the Milliken Mills High School TEAM Program requesting funds in the amount of $4,000 to
complete a Bruce Creek Redside Dace Habitat Improvement and
Naturalization Program be approved.”
“That the application by the Unionville Meadows Public School requesting funds in the amount of $4,966 to
develop an Outdoor Classroom / Peace Garden, be approved.”
“That the application by the Friends of Thornhill Heritage Garden requesting funds in the amount of $6,589.28
to do restoration work and install educational signage at the Thornhill
Heritage Garden site,
be approved.”
“That the application by the South Unionville Community Association requesting funds in the amount of $6,072
to build a naturalized garden on Piera Gardens
between Castan Avenue and South
Unionville Avenue, be approved.”
“That the application by the Pomona Mills Park Conservationists requesting funds in the amount of $4308.32
to fund their spring planting initiative which will take place in the west
section of Pomona Mills Park, be
approved.”
CARRIED
(8) PROCTOR AVENUE CULVERT REPLACEMENT
– EXEMPTION TO THE TOWN OF MARKHAM NOISE
CONTROL BY-LAW 2003-137 (2.10)
Report Attachment
That
the report entitled Proctor Avenue Culvert
Replacement – Exemption To The Town Of Markham Noise Control By-Law 2003-137
be received;
And
that an exemption to the Town of Markham’s Noise Control By-law 2003-137 be
approved to permit water pumping operation for the Proctor Avenue Culvert
Replacement project to proceed 24 hours a day, 7 days a week for the duration
of 2-3 weeks between May 15 to June 30;
And
that the above exemption be subject to staff from the Asset Management
Department and its consultant advising abutting residents on Proctor Avenue.
CARRIED
5(c) REPORT NO. 19 - DEVELOPMENT SERVICES
COMMITTEE
Council consented to separate Clause (2).
Moved by Councillor G. McKelvey
Seconded by Councillor A. Chiu
That Report No. 19 - Development Services
Committee be received and adopted.
May 2, 2006
(1) FOREST BAY HOMES LTD.,
WEST SIDE OF
MARKHAM ROAD, NORTH OF DENISON
STREET
OFFICIAL PLAN, REZONING AND
SITE PLAN
APPLICATIONS TO PERMIT A FOUR
STOREY
CONDOMINIUM APARTMENT BUILDING
(OP 03 116717, ZA 03 116709,
SC 03 116723) (10.3, 10.5, 10.6)
Report Figures A B
That the Official Plan amendment application (OP 03-116717) submitted by Forest Bay Homes Ltd. for lands north of Denison
Street, on the west side of Markham Road, be approved and the draft Official
Plan amendment attached as Appendix ‘B’
to the staff report dated May 2, 2006, be finalized and adopted;
And that the zoning by-law amendment
application (ZA 03-116709) to amend By-law 90-81 as amended,
submitted by Forest Bay Homes Ltd. to permit a four-storey apartment building
on the west side of Markham Road, north of Denison Street, be approved and the
draft Zoning By-law amendment attached as Appendix ‘C’, be finalized and enacted;
And
that Forest Bay Homes Ltd. be granted a servicing allocation of 52 units, as
per the November 22, 2005 servicing allocation strategy endorsed by
Council on November 29, 2005;
And
that the applicant agree to pay their proportionate share of the Hwy. 48 flow
control measures, to the satisfaction of the Director of Engineering;
And
that the Town reserves the right to revoke or reallocate servicing allocation
should the development not proceed in a timely manner;
And that the Site Plan application (SC. 03-116723) submitted by Forest
Bay Homes Ltd. to permit a four-storey apartment building on the west side of
Markham Road, north of Denison Street, be endorsed in principle, subject to the
general and specific conditions in Appendix ‘A’.
(By-laws 2006-110 and 2006-111)
CARRIED
(2) COUNCIL DIRECTION ON
ONTARIO MUNICIPAL
BOARD APPEALS (8.0)
Report
That Council direct Legal and other staff members to attend Ontario
Municipal Board appeals in the following circumstances:
a) Council has adopted an Official Plan Amendment
and it is appealed;
b) Council has passed a zoning by-law amendment
and it is appealed;
c) Council has refused to adopt an OPA or pass a
zoning by-law amendment and the refusal is appealed;
d) the Town has appealed a decision of the
Committee of Adjustment and the matter settles but a hearing is still required
in order that new conditions can be added;
e) a Heritage designation by-law is appealed;
f)
draft plan approval or site plan conditions are appealed.
And that Council be kept updated on appeals to the Ontario Municipal
Board and, if requested, staff bring forward a detailed written report
providing information on such matters;
And that in all other circumstances, staff will report to Council to
obtain Council’s authorization to attend any other matter scheduled for hearing
by the OMB.
CARRIED AS AMENDED
(See following motion to amend)
Moved by Regional
Councillor J. Heath
Seconded by Councillor
G. McKelvey
That Clause (2) be amended to move the word
"detailed" from before the words "…information on such…" to
before the words "…written report providing…".
CARRIED
(3) ROCCO
AND DORA CUOPPOLO, 20 RIVER BEND ROAD
ZONING BY-LAW AMENDMENT TO
PERMIT TWO
RESIDENTIAL LOTS (ZA 05
027077) (10.5)
Report 1
2
3
4
5
That the Development Services Commission
report dated March 7, 2006, entitled “Preliminary Report – Rocco and Dora
Cuoppolo - Application to Amend the Zoning By-Law to Permit Two Residential
Lots at 20 River Bend Road (ZA.05-027077)” be received;
And that the Record of the Public Meeting
held on May 2, 2006 with respect to the proposed
amendments by By-law 122-72 be received;
And that the application by Rocco and Dora
Cuoppolo to amend By-law 122-72 be approved; subject to a one-storey height
restriction;
And staff be requested to work with the
applicant regarding lot coverage and finalization of details;
And further that the proposed amendment to
By-law 122-72 be enacted without further notice.
CARRIED
6. MOTIONS
Council
consented to add Motions (1).
(1) PRESENTATION - GRAHAM THOMPSON (12.2.6)
Moved by
Deputy Mayor F. Scarpitti
Seconded by
Regional Councillor J. Jones
That Markham Town Council extend
its sincere gratitude to the Region of York and the City of Toronto Police
Services for the exemplary service they provided during the home invasion
incident for which Graham Thompson has been recognized for his bravery.
CARRIED
(2/3rd vote to consider was
required and obtained)
7. COMMUNICATIONS
Moved by Councillor A. Chiu
Seconded by Councillor D.
Horchik
That Council
receive and consent to the disposition of communications in the following
manner:
Received
50-2006 Minister
of Transport - Forwarding a response regarding Town of Markham supporting the
planning and rapid transit initiatives of the Region of York and indicating
that the Town’s planning is dependent upon these transportation initiatives and
the funding at the levels previously requested. (5.0)
Letter
51-2006 Ontario
Municipal Employees Retirement System (OMERS) - Forwarding a copy of OMERS 2005
Annual Report. (11.0)
Letter
Referred to all Members of Council
52-2006 Liquor
Licence Application - Request to complete the Alcohol and Gaming Commission
Municipal Information Form for Richmond Court Restaurant, 539 Bur Oak Avenue,
Unit 1 (indoor) (3.21)
Info
Referred to Chief Information Officer
53-2006 Regional
Municipality of York - Acknowledging the receipt of Council resolution from the
Town of Markham regarding information technology strategic plan and forwarding
a resolution passed by Regional Council regarding the development of a
web-based collaboration environment with respect thereto. (7.13 and 13.4)
Letter
CARRIED
8. PROCLAMATION
Council
consented to add the proclamation of National Public Works Week.
(1) PROCLAMATIONS (3.4)
Info
Moved by Councillor G.
McKelvey
Seconded by Councillor E.
Shapero
That the
following be proclaimed in the Town of Markham:
- Fibromyalgia
and Chronic Fatigue Syndrome Awareness Day - May 12, 2006
- South Asian
Day - May 13, 2006
- Spina Bifida
and Hydrocephalus Awareness Month - June, 2006
- Pride Week -
June 12 to 18, 2006
- World Elder
Abuse Awareness Day - June 15, 2006
- National
Public Works Week - May 21 to 27, 2006.
CARRIED
9. BY-LAWS
Council
consented to withdraw By-laws 2006-118 and 2006-119.
Moved by Councillor A. Chiu
Seconded by Councillor D. Horchik
That By-laws
2006-108 to 2006-117 be given three readings and enacted.
Three Readings
BY-LAW 2006-108 A by-law to amend By-law 2002-286, being a by-law respecting the
licensing, regulating and inspecting of adult entertainment parlours for the provision
of goods (Redefine adult goods and Class B adult entertainment parlours and to
provide a regulation to prohibit the display of adult goods).
(Clause 3, Report No. 17, 2006 & COW Motion - May 9, 2006)
BY-LAW 2006-109 A by-law to amend By-law 2001-1, being a by-law to govern the
proceedings of Council and Committees of Council (Council meeting decorum).
(Clause 7, Report No. 17, 2006)
BY-LAW 2006-110 A by-law to adopt Official Plan Amendment No. 150 (Forest Bay
Homes, north of Denison Street and west side of Markham Road - To permit a four
storey condominium apartment building).
(Clause 1, Report No. 19, 2006)
BY-LAW 2006-111 A by-law to amend Zoning By-law 90-81, as amended (Forest Bay
Homes, north of Denison Street and west side of Markham Road - To permit a four
storey condominium apartment building).
(Clause 1, Report No. 19, 2006)
BY-LAW 2006-112 A by-law to adopt Official Plan Amendment No. 151 (1297482
Ontario Limited, 7713 Kennedy Road, east side of Kennedy Road & south of
14th Avenue - To permit a 4-storey apartment building containing 16 units).
(Clause 7, Report No. 15, 2006)
BY-LAW 2006-113 A by-law to amend Zoning By-law 193-81, as amended (1297482
Ontario Limited, 7713 Kennedy Road, east side of Kennedy Road & south of
14th Avenue - To permit a 4-storey apartment building).
(Clause 7, Report No. 15, 2006)
BY-LAW 2006-114 A by-law to amend Zoning By-law 193-81, as amended (1297482
Ontario Limited, 7713 Kennedy Road, east side of Kennedy Road & south of
14th Avenue, west end of Chiavatti Drive - To implement the development of a 16
unit residential plan of subdivision).
(Clause 8, Report No. 15, 2006)
BY-LAW 2006-115 A by-law to dedicate certain lands as part of the highways of the
Town of Markham (Block 90, Plan 65M-3832 - Robert Baker Drive).
BY-LAW 2006-116 A by-law to dedicate certain lands as part of the highways of the
Town of Markham (Part of Lot 20, Concession 7, designated as Parts 4 and 7,
Plan 65R-25622 - Mingay Avenue).
BY-LAW 2006-117 A by-law to amend Municipal Law Enforcement Officers Appointment
By-law 2002-178 (Update Officers' List).
CARRIED
BY-LAW 2006-118 A by-law to amend Zoning By-law 304-87, as amended (Wynberry
Developments Inc., Wismer Commons Community, south side of Monkhouse Road and
east of Spencer Avenue - To delete subject lands from area By-law 304-87, as
amended, so that they may be incorporate into By-law 177-96, as amended, to
permit the development of single detached residential purposes).
(Committee of the Whole Motion - May 9, 2005) WITHDRAWN
BY-LAW 2006-119 A by-law to amend Zoning By-law 177-96, as amended (Wynberry
Developments Inc., Wismer Commons Community, south side of Monkhouse Road and
east of Spencer Avenue - To permit the lands to be developed for single
detached residential purposes).
(Committee of the Whole Motion - May 9, 2005) WITHDRAWN
Moved by Councillor A. Chiu
Seconded by Councillor K.
Usman
That Council
resolve into In-camera Committee of the Whole to discuss legal matters.
CARRIED
2. REPORT OF THE COMMITTEE OF THE WHOLE -
cont'd
Moved by Councillor
G. McKelvey
Seconded by Councillor
K. Usman
That Council
rise from the In-camera Committee of the Whole and the Chairman report.
CARRIED
Mayor D.
Cousens reported the following motions passed at the In-camera Committee of the
Whole meeting:
(10) MINOR
VARIANCE APPEAL - TERRY GREEN, 10813 WOODBINE AVENUE
COMMITTEE
OF ADJUSTMENT FILE NO. A/08/06 (10.12)
That the Town Solicitor be instructed to
prepare a written submission to the Ontario Municipal Board outlining the Town
of Markham’s conditions of approval in respect of the decision of the Committee
of Adjustment which approved the application of Terry Green, the owner of 10813
Woodbine Avenue, Markham, prior to the hearing scheduled for May 26, 2006.
(11) INFORMATION TECHNOLOGY SERVICE AGREEMENT
FOR MARKHAM PUBLIC LIBRARIES
(3.19)
That the report dated April 19, 2004 entitled
"Information Technology Service Agreement for Markham Public
Libraries" be received;
And that the Commissioner of Corporate Services
and the Chief Information Officer (CIO) be authorized to enter into an
Information Technology Service Agreement with the Markham Public Libraries;
And that the
Commissioner of Corporate Services and the Chief Information Officer (CIO) be
authorized to extend or renew the Information Technology Service Agreement for
future periods as required.
(12) PROPERTY
ACQUISITION REQUIREMENTS – MARKHAM DISTRICT
ENERGY INC. AND ENTERPRISE
BOULEVARD (KOPANSKY) (8.1)
That the
report entitled “Property Acquisition Requirements – Markham District Energy
Inc. and Enterprise Boulevard” be received.
CARRIED
9. BY-LAWS - cont'd
Moved by Councillor S.
Daurio
Seconded by Councillor G.
McKelvey
That By-law
2006-120 be given three readings and enacted.
BY-LAW 2006-120 A by-law to confirm the proceedings of the Council meeting of May
9, 2006. (Council Meeting No. 10, 2006)
CARRIED
10. ADJOURNMENT
Moved
by Deputy Mayor F. Scarpitti
Seconded
by Councillor G. McKelvey
That the meeting do adjourn.
CARRIED
Council
adjourned at 9:30 p.m.
__________________________________ ___________________________________
SHEILA
BIRRELL, TOWN CLERK DON
COUSENS, MAYOR
(Signed)