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                                                                                                                   November 25, 2008

COUNCIL MINUTES  Council Chamber, Civic Centre

Meeting No. 17

 

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 E. Shapero, Councillor J. Virgilio (7:25 p.m), Councillor C. Moretti, Councillor J. Webster, Councillor D. Horchik, Councillor L. Kanapathi, Councillor A. Chiu.

 

 

 

The Regular Meeting of Council was held on November 25, 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

B. Librecz, Commissioner of Community and Fire Services

C. Conrad, Town Solicitor

K. Kitteringham, Town Clerk

C. Raynor, Committee Clerk

B. Cribbett, Treasurer

J. Wong, Technology Support Specialist

P. Loukes, Director of Operations

D. Flaherty, Manager, Strategic Communications

S. Chait, Director of Economic Development

 

 

 

1.         DISCLOSURE OF PECUNIARY INTEREST

 

(1)        None declared.

 

 


 

2.         MINUTES

 

(1)        COUNCIL MINUTES - NOVEMBER 11, 2008

            Minutes

 

Moved by Councillor A. Chiu

Seconded by Regional Councillor J. Jones

 

That the Minutes of the Council Meeting held on November 11, 2008, be adopted.

 

CARRIED

 

 

 

3.         PRESENTATIONS

 

Council consented to add Presentations (4) and (5).

 

 

(1)        MARKHAM SOCCER CLUB HALL OF FAME FOR VOLUNTEERS (12.2.6)

 

Council recognized and thanked the volunteers outlined below for their dedication to the Markham Soccer Club.  They will be inducted into the Markham Soccer Club's Hall of Fame for Volunteers of Distinction in meeting the criteria of having served the Club for at least fifteen consecutive years.

 

Volunteers:

Brian Crawford

Greig Candlish

Pat Green (Posthumous - A family member attended the meeting)

 

 

(2)        RECOGNITION OF DELEGATION FROM
            HUADU CITY, CHINA (12.2.6)

 

Council recognized the following delegates from Huadu City, China:

 

- Shuiji Huang, CPPCC Chairman

- Yanwei Wang, Organization Chair and Vice Chairman of Huadu Overseas Friendship Assoc.

- Borong Wang, Chairman of Federation of Returned Overseas Chinese

- Hairong Deng, Clerical Officer of Tanbu Committee

- Tianxing Bi, Town Chief of Huadong

- Zeqiong Shi, Deputy Director of Foreign Affairs Office

 

Council also acknowledged the attendance of Dr. Ken Ng and Mr. Roberto Wu.

 


 

(3)        WUSHU ATHLETE RECOGNITIONS
            - SIFU WEN QI LI, WEI-JEN LEE AND WEI-HSIN LEE (12.2.6)

 

Council recognized the following athletes of Wushu:

 

Sifu Wen Qi Li

In 1976, Sifu Li and movie star Jet Li were both recognized as the outstanding Wushu Athletes of China.  From 1985 to 1993, Sifu Li was head coach of the Inner Mongolian Regional Wushu Team along with the National Wushu Team of the Republic of Mongolia.  Since 1995, Sifu Li has been the head coach of the Canadian Wushu Team numerous times.  Sifu Li’s students are successfully achieving and acquiring awards and status among international Wushu competitions/championships.

 

Wei-Jen Lee

Wei-Jen has been training under Sifu Li since she was 8 years old in 1995. She has now reached the world class level in this sport as she went to Beijing earlier in August to represent Canada in the 2008 Beijing Wushu Tournament at the Olympics.  She competed in the combined Broadsword (Daoshu) and Staff (Gunshu) event, where she placed 4th overall. This was the highest ranking any Wushu athlete in North and South America had placed at the time.

 

Wei-Hsin Lee

Wei-Hsin has been training under Sifu Li since she was 14 years old in 1998.  She has been a member of the Canadian National Wushu Team multiple times since 2001. In her last competition representing Canada at the 2008 7th Pan American Wushu Championships in Campinas, Brazil, she won a gold medal in the Chang Quan (Long Fist) category, and a silver medal in the Spear category.

 

 

(4)        UNIONVILLE MILLIKEN SOCCER CLUB
            U14 PROVINCIAL AND NATIONAL CHAMPIONSHIPS (12.2.6)

 

Council recognized the following team members of the Unionville Milliken Soccer Club for winning the Provincial and National Championships:

 

Team Players

Adam Majer

Andrew Curci

Parker Seymour

Jules Grant

Benjamin Futoriansky

Francesco Crispo

Elias Sadaka

Jorgo Nika

Jeffrey Puthoor

Sergio Camargo

Ashton Lewis

Kaheem Christopher


Jalen Brome

Matthew Arnone

Mark Eydelman

Barry Gould

 

Team Officials

Head Coach:                                       Kevin Kerr

Assistant Coach:                                 Donovan Brome

Team Manager:                                   Demetra Crispo

Technical Coach:                                 Filipe Bento

Technical Coach:                                 Paul O'moghan

Group Manager/Club Rep:                  Danny Daniel - VP Competitive

Ontario Soccer Association Rep:         Clive Wilkinson

 

 

(5)        MARKHAM SPORTS COUNCIL
            LIFETIME ACHIEVEMENT AWARD (12.2.6)

 

Council presented Tom and Lynne McGarrigle with a Lifetime Achievement Award from the Markham Sports Council in recognition of their commitment to the Markham Sport Community 2008.

 

 

 

4.         DELEGATIONS

 

(1)        Dianne More, Markham Village Conservancy, addressed Council regarding Item No. 2, Report No. 58 and spoke in favour of the proposed interpretive plaques for Mount Joy heritage buildings.  (16.11)

 

(2)        Helen Walter, Old Markham Village Ratepayers Inc., addressed Council regarding Item No. 2, Report No. 58 and expressed concerns with respect to the size and colour of the proposed interpretive plaques for Mount Joy heritage buildings.  (16.11)

 

(3)        Donna Wigmore, Markham Village Conservancy, addressed Council regarding Item No. 2, Report No. 58 and spoke in favour of the proposed interpretive plaques for Mount Joy heritage buildings.  (16.11)

 

 

 

Moved by Regional Councillor G. Landon

Seconded by Councillor J. Webster

 

That Council consider the item regarding interpretive plaques for heritage buildings in the Mount Joy area of Markham Village immediately following delegations.

(See Item No. 2, Report No. 58, 2008)

 

CARRIED


 

 

5.         PETITIONS

 

(1)        There were no petitions.

 

 

 

6(a)      REPORT NO. 57 - GENERAL COMMITTEE (November 17, 2008)

 

Moved by Councillor J. Virgilio

Seconded by Regional Councillor G. Landon

 

That Report No. 57 - General Committee comprised of 4 items be received and adopted.

 

(1)        MINUTES OF THE SEPTEMBER 17 AND
OCTOBER 15 MARKHAM ADVISORY
COMMITTEE ON ACCESSIBILITY (16.0)

            Sept. 17 Oct 15

 

That the minutes of the September 17 and October 15, 2008 Markham Advisory Committee on Accessibility be received; and,

 

That the following resolution from the October 15, 2008 meeting of the Markham Advisory Committee on Accessibility be endorsed:

 

“That the Town of Markham support the following resolution from the Town of Newmarket regarding penalties for the misuse of disabled parking permits and spaces:

 

WHEREAS it is in the public interest to ensure that access to disabled parking spaces for persons with disabilities is readily available;

 

AND WHEREAS it would appear that there is a misuse of disabled parking permits and parking spaces;

 

AND WHEREAS the Provincial Government of Ontario supports quality of life for persons with disabilities through its Accessibility for Ontarians with Disabilities Act and Ontarians with Disabilities Act legislation;

 

THEREFORE BE IT RESOLVED by the Municipal Council of the Corporation of the Town of Newmarket, and supported by its Accessibility Advisory Committee, as follows:


 

THAT the Premier of Ontario be requested to take action to eliminate the misuse of disabled parking permits and parking spaces, including but not limited to such actions as:

·         Ensure that Justices of the Peace enforce the minimum fines that apply to offenders

·         Provide for a two point penalty on the offender’s driver’s license

·         Establish penalties for the misuse of a disabled parking permit including fines and a two point penalty on the offender’s driver’s license

·         Require people who hold a disabled parking permit to obtain a special photo identification card

·         Provide for minimum fines for those who block disabled parking spaces (i.e. using disabled parking spaces for snow storage);

 

AND THAT a copy of this resolution be forwarded to the Premier of Ontario for action, the Attorney General, the Lieutenant Governor and to the Association of Municipalities of Ontario for email circulation to municipalities and their Accessibility Advisory Committees requesting their support.”

 

CARRIED

 

 

(2)        APPOINTMENTS TO ADVISORY COMMITTEES (16.24)

 

That the following persons be appointed to the Cycling and Pedestrian Advisory Committee for the three-year term ending November 30, 2011:

 

Arup Mukherjee

Winston Stewart

Andrew Tronchin

 

That Rachael Woodroffe be re-appointed to the Cycling and Pedestrian Advisory Committee for the term ending November 30, 2011; and,

 

That the resignation of Ms. Rashi Sharma from the Markham Public Library Board be accepted with regret and a letter of appreciation be forwarded; and,

 

That the position be declared vacant and staff be requested to take the necessary steps to fill the vacancy; and further,

 

That Mr. Scott Labbett and Ms. Jacqueline Bell be appointed to the Advisory Committee on Accessibility for the term ending November 30, 2011.

 

CARRIED

 


 

(3)        NOVEMBER 2008 CANCELLATION, REDUCTION OR
REFUND OF TAXES UNDER
SECTIONS 357 & 358 OF THE MUNICIPAL ACT, 2001 (7.3)

            Report

 

That taxes totalling approximately $206,563.43 be adjusted under section 357 (in the amount of $169,719.11) and Section 358 (in the amount of $36,844.32) of the Municipal Act, 2001 of which the Town’s portion is estimated to be $32,721.92; and,

 

That the associated interest be cancelled in proportion to the tax adjustments; and,

 

That the Treasurer be directed to adjust the Collector’s Roll accordingly; and further,

 

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

 

CARRIED

 

 

(4)        OLDER ADULT SERVICE UPDATE (12.2.6)

            Report

 

That the report entitled “Older Adult Service Update” be received as information; and,

 

That the revised ‘Older Adults/Seniors Clubs Facility Use’ policy, as attached as Appendix B to this report, be approved; and,

 

That Council authorize staff to investigate the options of relocating the Milliken on the Move Seniors Club to Armadale Community Centre and report back to Council; and further,

 

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

 

CARRIED

 

 


 

6(b)      REPORT NO. 58 - DEVELOPMENT SERVICES COMMITTEE
            (November 18, 2008)

 

Moved by Councillor J. Webster

Seconded by Councillor D. Horchik

 

That Report No. 58 - Development Services Committee comprised of 3 items be received and adopted, except Item No. 2.  (See following resolution for Item No. 2)

 

(1)        ACCEPTANCE FOR MAINTENANCE
            OF RESIDENTIAL SUBDIVISIONS
            REGISTERED PLAN NUMBERS 65M-3716,
            65M-3926, 65M-3925, PART 1 PLAN 65R-29263,
            PARTS 1 AND 2 65R-29280, 65M-3594, 65M-3697,
            65M-3698, 65M-3799, 65M-3834 AND 65M-3425 (10.7)

            Report

 

That the report entitled “Acceptance for Maintenance of Residential Subdivisions Registered Plan Numbers 65M-3716, 65M-3926, 65M-3925, Part 1 on Plan 65R-29263, Parts 1 and 2 on Plan 65R-29280, 65M-3594, 65M-3697, 65M-3698, 65M-3799, 65M-3834 and 65M-3425, dated November 18, 2008, be received; and,

 

That the municipal services in Subdivision Registered Plan Numbers 65M-3716, 65M-3926, 65M-3925, Part 1 on Plan 65R-29263, Parts 1 and 2 on Plan 65R-29280, 65M-3594, 65M-3697, 65M-3698, 65M-3799, 65M-3834 and 65M-3425, be Accepted for Maintenance; and,

 

That by-laws be enacted by Council to accept these subdivisions and to establish each of the roads within the residential subdivisions as a public highway of the Town of Markham; and,

 

That the Community Services Commission accepts the responsibility for operating and maintaining the infrastructure within the subdivisions as part of the Town’s system; and,

 

That the Acceptance for Maintenance Period commence July 1, 2008; and,

 

That acceptance of the subdivision be taken into consideration in future operating budgets; and,

 

That the by-law to amend Schedule ‘12’ of Traffic By-law #106-71, by including compulsory stops to the indicated streets, be approved; and,

 

That the by-law to amend Schedule ‘A’ of the Speed By-law #105-71, by including a maximum speed of 40 kilometers per hour for the streets indicated, be approved; and,

 

That the by-law to amend Schedule ‘C’ of the Parking of Vehicles By-law # 2005-188, by including prohibited parking on the streets indicated, be approved; and,


 

That the by-law to amend Schedule ‘E’ of the Parking of Vehicles By-Law #2005-188, by including no stopping anytime on the streets indicated, be approved; and,

 

That the Mayor and Clerk be authorized to execute the necessary releases from the terms of the Subdivision Agreements, subject to confirmation from the Director of Engineering that the final two year guarantee periods have been completed; and further,

 

That Staff be authorized and directed to do all things necessary to give effect to these resolutions.

(By-laws 2008-230 to 2008-242)

 

CARRIED

 

 

(2)        INTERPRETIVE PLAQUES FOR MOUNT JOY
            HERITAGE BUILDINGS (16.11)

            Report  Attachment

 

That the deputation from Ms. Donna Wigmore, on behalf of Ms. Dianne More, President, Markham Village Conservancy at the November 18, 2008 Development Services Committee be received; and,

 

That the deputations from Ms. Dianne More, President, Markham Village Conservancy, Ms. Helen Walter on behalf of Old Markham Village Ratepayers Inc. and Ms. Dianne More, Markham Village Conservancy at the November 25, 2008 Council meeting be received; and,

 

That Council endorse the design for the interpretive plaques for the Mount Joy Heritage buildings as proposed by the Markham Village Conservancy as follows:

 

§                     That the plaque size be 10 by 17 inches; and

 

§                     That the background colour of the plaque be Prussian Blue; and,

 

That Council provide a grant of up to $3,300 from the Heritage Reserve Fund (Acct. No. 087 2800 115) to the Markham Village Conservancy to assist with the cost of the interpretive plaque project for the Mount Joy portion of the Markham Village Heritage Conservation District; and,

 

That consideration of the following recommendation be deferred to a future meeting of the Development Services Committee to allow staff to provide additional clarification on the implications of adopting such a policy:

 

“That Council adopt the policy document proposed by staff titled “Guidelines for Interpretive Plaques for Properties of Cultural Heritage Value or Interest in Heritage Conservation Districts”, attached as Appendix ‘F’ of the staff report dated November 18, 2008”; and further,


 

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

 

CARRIED AS AMENDED

(See following motions to amend)

 

            Moved by Councillor J. Webster

            Seconded by Regional Councillor G. Landon

 

            That Item No. 2, Report No. 58 be amended as follows:

 

            Paragraph 1

            Paragraph 1 be amended to add the deputation of Ms. Donna Wigmore at the November 25, 2008 Council Meeting.

 

            Paragraph 2

            Add the following as paragraph 2

"That the deputations from Ms. Helen Walter on behalf of Old Markham Village Ratepayers Inc. and Ms. Dianne More, Markham Village Conservancy at the November 25, 2008 Council meeting be received;"

 

            Paragraph 3

            Paragraph 3 be amended to note the background colour of the plaque be "Prussian Blue".

 

CARRIED

 

 

            Moved by Councillor D. Horchik

            Seconded by Councillor J. Virgilio

 

            That Item No. 2, Report No. 58 be amended to defer the following recommendation to a future meeting of the Development Services Committee to allow staff to provide additional clarification on the implications of adopting such a policy:

 

“That Council adopt the policy document proposed by staff titled “Guidelines for Interpretive Plaques for Properties of Cultural Heritage Value or Interest in Heritage Conservation Districts”, attached as Appendix ‘F’ of the staff report dated November 18, 2008;"

 

CARRIED

(See following motion which was lost)


 

            Moved by Councillor J. Webster

            Seconded by Councillor A. Chiu

 

            That the background colour of the interpretive plaques reflect the current approved scheme for each of the heritage areas in Markham.

 

LOST

 

 

(3)        GROUND SIGN VARIANCE
            STEEL ART SIGNS CORP
            TACC DEVELOPMENTS
            MEDICAL/OFFICE BUILDING (BOX GROVE)
            110 COPPER CREEK DRIVE
            APPLICATION NO. 08-113131 003 00 SP (2.16.2)

            Report

 

That the ground sign variances, application number 08-113131 003 00 SP, submitted by Steel Art Signs Corp BE DENIED; and,

 

That a sign variance, for a small sign as proposed by Staff, with a maximum height of 7.32 metres and a sign face area of 6.0 square metres BE APPROVED.

 

CARRIED

 

 


 

6(c)      REPORT NO. 59 - DEVELOPMENT SERVICES PUBLIC MEETING
            (November 18, 2008)

 

Moved by Councillor J. Webster

Seconded by Councillor D. Horchik

 

That Report No. 59 - Development Services Public Meeting comprised of 1 item be received and adopted.

 

(1)        KEN-DEN EAST INC.
            ZONING BY-LAW AMENDMENT APPLICATION
            TO FACILITATE AN ADJUSTMENT TO THE PROPERTY
            BOUNDARY FOR TWO EXISTING APARTMENT BUILDINGS
            AT 7363 AND 7373 KENNEDY ROAD (CASA DEL SOL)
            SE CORNER OF KENNEDY ROAD AND DENISON STREET
            MILLKEN MAIN STREET AREA
            (ZA 08 124170) (10.5)

            Report  Attachment

 

That the record of the Public Meeting held on November 18, 2008, with respect to “Ken-Den East Inc, Zoning By-law Amendment Application to facilitate an adjustment to the property boundary for two existing apartment buildings at 7363 & 7373 Kennedy Road (Casa del Sol) (File No. ZA 08 124170),” be received; and,

 

That the Zoning By-law Amendment Application (File No. ZA 08 124170) to amend Zoning By-law 177-96, as amended, submitted by Ken-Den East Inc. to facilitate an adjustment to the property boundary for two existing apartment buildings at 7363 & 7373 Kennedy Road (Casa del Sol), be approved and the draft Zoning By-law Amendment be enacted without further notice.

 

CARRIED

 

 


 

6(d)      REPORT NO. 60 - GENERAL COMMITTEE (November 24, 2008)

 

Council consented to add Report No. 60.

 

Moved by Councillor J. Virgilio

Seconded by Councillor C. Moretti

 

That Report No. 60 - General Committee comprised of 3 items be received and adopted, except Item No. 3.  (See following resolution with recorded vote for Item No. 3)

 

(1)        2009 COUNCIL & COMMITTEE
MEETING SCHEDULE (16.23)

            Schedule FinalSchedule

 

That the 2009 Council & Committee Meeting Schedule be approved except that all General Committee and Development Services Committee meetings be from 9:00 a.m. to 12:30 p.m., with one General Committee meeting per month going from 9:00 a.m. to 2:30 p.m.

 

CARRIED

 

 

(2)        MARKHAM ENVIRONMENTAL
            SUSTAINABILITY – FALL 2008 (5.7 & 7.6)

            Report  Oct. 1  Oct. 31

 

That consideration of a Markham Environmental Sustainability Fund (MESF) grant to facilitate the installation of solar panels on the Civic Centre or other Town-owned buildings be deferred to December, 2008 to allow staff to report back with more information as to the proposal; and,

 

That the minutes of the October 2, and October 31, 2008 Environmental Issues Committee be received; and,

 

That the presentation by Ms. M. Urquhart, Manager of Environmental Leadership, entitled “Markham Environmental Sustainability Fund – Program Overview 2004-2008” be received; and,

 

That staff report “Markham Environmental Sustainability Fund (MESF) – Fall Funding”, dated November 24th, 2008, be received; and,

 

That Council approve funding for four community projects and three staff projects in the amount of $55,638.85, as follows:


 

Community Projects:

Youth Environmental Network

$7,372.60

Swan Lake Village Signage

$2,000

Thornhill Solar Initiative

$9,476.25

South Unionville Community Association Signage replacement*

$900

 

Town projects:

Markham Environmental Kick Start project

$24,750

Sustainability Series

$2,000

On-line Youth Engagement Prizes

$9,140

 

That Internal (Staff) MESF application form be amended to state: “funding will not be granted where projects have been commenced;” and clarify that this funding is intended for innovative/pilot environmental projects that would not normally be considered as part of a department’s budget; and,

 

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

 

That the Trees for Tomorrow application form and process, as described in this report for tree planting projects between $10,000 and $30,000, be approved and that the funds come from the Trees for Tomorrow account; and,

 

That the Environmental Issues Committee mandate be revised to include review and approval of appropriate Trees for Tomorrow projects, with General Committee giving final approval; and,

 

That Staff undertake a partnership program with Natural Resources Canada, Enbridge and PowerStream to deliver a joint information program regarding rebate programs available to high rise residential condominium corporations and apartment buildings to facilitate sustainable practices and boiler retrofits, as described in this report; and further,

 

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

 

CARRIED

 


 

(3)        2009 WATER/WASTEWATER RATE INCREASE (5.3 & 7.0)

            Minutes  Report  1

 

That the report dated November 24, 2008 entitled “2009 Water/Wastewater Rate Increase” be received; and,

 

That the 2009 Town of Markham’s (“Town”) Water/Wastewater rate increase be equivalent to the Region of York’s (“Region”) increase of $0.1415 per cubic metre (m3) based on the Region’s estimated increase of 12.66%; and,

 

That in addition to the Region’s increase, the 2009 Water/Wastewater rate increase will include the Water/Wastewater Infrastructure Surcharge increase of $0.0956/m3; and,

 

That effective January 1, 2009, the total 2009 Water/Wastewater rate be increased from $1.7671/m3 to $2.0042/m3, an increase of $0.2371/m3 or 13.42%; and,

 

That By-Law 2002-276, the bylaw on fees and charges for services or activities provided or performed by the Town, be amended to reflect the increase in Water/Wastewater rate; and,

 

That staff investigate and report back to Council the viability of implementing the 2010 rate increase effective April 2010 similar to that of the Region; and further,

 

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

(By-law 2008-254)

 

CARRIED

(See following unanimous recorded vote)

 

YEAS:            Mayor F. Scarpitti, Deputy Mayor J. Heath, Regional Councillor J. Jones, Regional Councillor T. Wong, Regional Councillor G. Landon, Councillor V. Burke, Councillor E. Shapero, Councillor J. Virgilio, Councillor C. Moretti, Councillor J. Webster, Councillor D. Horchik, Councillor L. Kanapathi, Councillor A. Chiu. (13)

 

 


 

7.         MOTIONS

 

Council consented to add Motion (1).

 

(1)        RECOGNITION OF STAFF
            - 2009 WATER/WASTEWATER RATE INCREASE (5.3 & 7.0)

 

Moved by Councillor J. Virgilio

Seconded by Councillor C. Moretti

 

That Council thank the following staff for their effort on the 2009 water/wastewater rate increase process:

 

            J. Livey, A. Taylor, P. Loukes, B. Cribbett, J. Lustig, A. Tang and Ramona Jadunauth-Khan

 

CARRIED

(2/3 VOTE WAS REQUESTED & OBTAINED)

 

 

 

8.         NOTICES OF MOTIONS

 

(1)        There were no notices of motions.

 

 

 

9.         COMMUNICATIONS

 

Council consented to add Communications 89-2008 and 90-2008.

 

Moved by Councillor A. Chiu

Seconded by Councillor V. Burke

 

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

 

Referred to all Members of Council

87-2008           Commissioner of Development Services - Providing information with respect to the interpretive plaques for heritage buildings in the Mount Joy area of Markham Village and the existing colour schemes for each Heritage Conservation District, as requested by Development Services Committee on November 18, 2008. (16.11)
(Item 2, Report No. 58, 2008)

                        Memo

 


 

Referred to Commissioner of Development Services and Town Solicitor

88-2008           Ontario Municipal Board - Forwarding an Order of the Board approving the applications submitted by Irina Gordon for Demolition Permit, Minor Variance and Site Plan, 179 John Street.  (13.13)

                        Letter

 

 

Referred to all Members of Council

89-2008           Liquor Licence Application - Forwarding a request to complete the Alcohol and Gaming Commission Municipal Information Form for Toronto Indoor Golf Club, 20 Alden Road, Unit Nos. 1 to 3 (Indoor licence for existing premises previously licenced) (3.21)

                        Info 

 

90-2008           Treasurer - Providing York Region's infrastructure replacement component of the estimated water/wastewater rates, as requested by General Committee at its meeting held on November 24, 2008. (5.3 & 7.0)

                        Memo

 

CARRIED

 

 

 

10.       PROCLAMATIONS

 

(1)        There were no proclamations.

 

 

 

 

11.       NEW/OTHER BUSINESS

 

(1)        ZONING BY-LAW AMENDMENT
            ANGUS GLEN FARM LTD. & ANGUS GLEN GOLF CLUB LTD.
            WEST VILLAGE (PHASE 1) 19TM-030004
            LOTS 5, 6 AND 7 ON 65M-4086
            FILE NO. ZA. 03-109048 (10.5)

            Memo

 

Moved by Councillor D. Horchik

Seconded by Regional Councillor J. Jones

 

That the memorandum dated November 7, 2008 from the Commissioner of Development Services providing information with respect to the proposed zoning by-law amendments for Angus Glen Farm Ltd. and Angus Glen Golf Club Ltd., West Village (Phase 1), 19TM-030004, Lots 5, 6 and 7, Plan 65M-4086, be received; and,


 

That the proposed zoning by-law amendments as attached to the memorandum be enacted without further notice.

(By-laws 2008-243 and 2008-244)

 

CARRIED

 

 

(2)        PROPOSED SALE OF UNION STREET ROAD ALLOWANCE
ABUTTING 12 EUCLID STREET (10.0 & 16.11)

 

NOTICES OF PROPOSED SALE

TOWN OF MARKHAM

PROPOSED SALE OF SURPLUS REAL PROPERTY

(Pursuant to By-law 178-96)

 

Moved by Councillor D. Horchik

Seconded by Councillor L. Kanapathi

 

That the notice of proposed sale for the Town own lands legally described as a portion of the west side of the Union Street road allowance adjacent to 12 Euclid Street, being Parts 2 and 3 on the draft 65R plan, be confirmed.

(In-Camera Item No. 1)

 

CARRIED

 

 

(3)        PROPOSED CONVEYANCE OF PARTS 1 AND 2,
REGISTERED PLAN 65R -30497 TO BOX GROVE HILL (8.1)

 

NOTICES OF PROPOSED SALE

TOWN OF MARKHAM

PROPOSED SALE OF SURPLUS REAL PROPERTY

(Pursuant to By-law 178-96)

 

Moved by Deputy Mayor J. Heath

Seconded by Regional Councillor T. Wong

 

That the notice of proposed sale for the Town own lands legally described as Parts 1 and 2, Registered Plan 65R-30497, be confirmed.

(In-Camera Item No. 3)

 

CARRIED

 

 


 

12.       BY-LAWS

 

Council consented to add By-law 2008-254.

 

Moved by Councillor A. Chiu

Seconded by Regional Councillor G. Landon

 

That By-laws 2008-230 to 2008-252 and By-law 2008-254 be given three readings and enacted.

 

Three Readings

 

BY-LAW 2008-230    A by-law to establish streets laid out according to Plan of Subdivision 65M-3926 as public highway (Lasseter Development Inc., Part of Lot 20, Concession 6 - Bertram Earnshaw Drive, Fulham Gate and Stonebridge Drive).

                                    (Item No. 1, Report No. 58, 2008)

                                    By-law 

 

BY-LAW 2008-231    A by-law to establish streets laid out according to Plan of Subdivision 65M-3925 as public highway (Jolis Investments (Ontario) Limited, Part of Lot 17, Concession 3 - Markland Street).

                                    (Item No. 1, Report No. 58, 2008)

                                    By-law

 

BY-LAW 2008-232    A by-law to establish streets laid out according to Plan of Subdivision 65M-3425 as public highway (Forest Bay Homes Ltd., Part of Lot 4, Concession 7 - Golden Avenue, Angela Court, Brando Avenue and Highglen Avenue).

                                    (Item No. 1, Report No. 58, 2008)

                                    By-law

 

BY-LAW 2008-233    A by-law to establish streets laid out according to Plan of Subdivision 65M-3594 as public highway (Humbold Properties Limited, Part of Lot 17 and 18, Concession 8 and Part of Block 14, Plan 65M-3103 - Alfred Paterson Drive, Ambercroft Street, Bur Oak Avenue, Coral Cove Court, Clover Street, Goldenwood Crescent, Green Hollow Court, Linsmary Court, Maybreeze Road, Misty Court, Orchard View Road, Rainbow Valley Crescent, Saffron Street, Wyndemere Court, Lane ‘A’, Lane ‘B’, Lane ‘C’, Lane ‘D’, Lane ‘E’, Lane ‘F’, Lane ‘G’, Lane ‘H’, Lane ‘J’ and Lane ‘K’).

                                    (Item No. 1, Report No. 58, 2008)

                                    By-law


 

BY-LAW 2008-234    A by-law to establish streets laid out according to Plan of Subdivision 65M-3834 as public highway (Humbold Properties Limited and Ninth Line Developments Limited, Part of Lot 19, Concession 8 - Swan Park Road, Solace Road, Stalmaster Road and Charing Cross Lane).

                                    (Item No. 1, Report No. 58, 2008)

                                    By-law

 

BY-LAW 2008-235    A by-law to establish streets laid out according to Plan of Subdivision 65M-3698 as public highway (Humbold Properties Limited, Part of Lot 19, Concession 8 - Castlemore Avenue).

                                    (Item No. 1, Report No. 58, 2008)

                                    By-law

 

BY-LAW 2008-236    A by-law to establish streets laid out according to Plan of Subdivision 65M-3799 as public highway (Humbold Properties Limited, Part of Lot 19, Concession 8 - Alfred Paterson Drive, Amos Court, Appleview Road, Cheswick Court, Delray Drive, Demoray Court, Gordon Weedon Road, Stonehouse Court, Warton Court, Wilcliff Court and Lane “A”).

                                    (Item No. 1, Report No. 58, 2008)

                                    By-law

 

BY-LAW 2008-237    A by-law to establish streets laid out according to Plan of Subdivision 65M-3697 as public highway (Humbold Properties Limited, Part of Lot 18 and 19, Concession 8 and Part of Block 14, Plan 65M-3103 - Alfred Paterson Drive, Appleview Road, Candlewood Court, Castlemore Avenue, Delray Drive, Goldenwood Crescent, Gordon Weedon Road, Kingsmill Court, Maybole Road, Outerbrook Road, Peterkin Road, Rainbow Valley Crescent, Saffron Street, Thornwood Chase Road, Lane 'A' and Lane 'B').

                                    (Item No. 1, Report No. 58, 2008)

                                    By-law

 

BY-LAW 2008-238    A by-law to establish streets as public highway, being Part of Lot 16, Concession 3, designated as Part 1, Plan 65R-29263 (Jolis Investments (Ontario) Limited - Markland Street).

                                    (Item No. 1, Report No. 58, 2008)

                                    By-law

 

BY-LAW 2008-239    A by-law to amend Parking By-law 2005-188 (No Stopping Zones on Stonebridge Drive).

                                    (Item No. 1, Report No. 58, 2008)

                                    By-law


 

BY-LAW 2008-240    A by-law to amend Traffic By-law 106-71 (Compulsory Stops - Plan Numbers 65M-3716, 65M-3926, 65M-3925, Part 1 on Plan 65R-29263, Parts 1 and 2 on Plan 65R-29280, 65M-3594, 65M-3697, 65M-3698, 65M-3799, 65M-3834 and 65M-3425).

                                    (Item No. 1, Report No. 58, 2008)

                                    By-law

 

BY-LAW 2008-241    A by-law to amend Speed By-law 105-71 (Maximum Speed of 40 Kilometres per hour - Plan Numbers 65M-3716, 65M-3926, 65M-3925, Part 1 on Plan 65R-29263, Parts 1 and 2 on Plan 65R-29280, 65M-3594, 65M-3697, 65M-3698, 65M-3799, 65M-3834 and 65M-3425).

                                    (Item No. 1, Report No. 58, 2008)

                                    By-law

 

BY-LAW 2008-242    A by-law to amend Parking By-law 2005-188 (Parking prohibition on Bur Oak Avenue).

                                    (Item No. 1, Report No. 58, 2008)

                                    By-law

 

BY-LAW 2008-243    A by-law to amend Zoning By-law 304-87, as amended (Angus Glen Farm Ltd. and Angus Glen Golf Club Ltd., 19TM-030004, 81, 83 and 85 Glengordon Crescent, Part of Lots 19 and 20, Concession 5 - To revise zoning schedules to include lots 5, 6 and 7, Plan 65M-4087 to permit the construction of 3 singles detached houses).

                                    (Other Business Item No. 1)

                                    By-law

 

BY-LAW 2008-244    A by-law to amend Zoning By-law 177-96, as amended, (Angus Glen Farm Ltd. and Angus Glen Golf Club Ltd., 19TM-030004, 81, 83 and 85 Glengordon Crescent, Part of Lots 19 and 20, Concession 5 - To revise zoning schedules to include lots 5, 6 and 7, Plan 65M-4087 to permit the construction of 3 singles detached houses).

                                    (Other Business Item No. 1)

                                    By-law

 

BY-LAW 2008-245    A by-law to authorize the execution of a Transfer of Land and other related documents to give effect to the conveyance of lands legally described as Part of Lot 7, Concession 9 (Box Grove Hill Developments Inc).

                                    (In-Camera Item No. 3)

                                    By-law

 

BY-LAW 2008-246    A by-law to amend Municipal Law Enforcement Officers Appointment By-law 2002-178 and Parking By-law 2005-188 (To update the list for officers and tagging locations).

                                    By-law


 

BY-LAW 2008-247    A by-law to designate a property as being of Historic and/or Architectural Value or Interest (The Button House, 8977 Woodbine Avenue).
(Item No. 3, Report No. 17, 2008)

                                    By-law

 

BY-LAW 2008-248    A by-law to designate part of a certain plan of subdivision not subject to Part Lot Control (Southoak Estates Inc., Block 157, Plan 65M-3669, southeast corner of Markham Road and Elson Street).

                                    By-law

 

BY-LAW 2008-249    A by-law to amend Zoning By-law 90-81, as amended (Michael Chiavatti Construction Limited, 4954 14thAvenue, - To permit a phased residential development consisting of 4 single detached residential dwellings).

                                    (Item 1, Report No. 56, 2008)

                                    By-law

 

BY-LAW 2008-250    A by-law to amend Zoning By-law 304-87, as amended (Box Grove Hill Developments Inc., 6788 14th Avenue, north side of 14th Avenue and east of 9th Line - To delete a portion of the subject lands from the designated area of By-law 304-87, as amended, and to incorporate the lands within the designated area of By-law 177-96, as amended, to permit the development of single-detached lots).

                                    (Item 2, Report No. 55, 2008)

                                    By-law

 

BY-LAW 2008-251    A by-law to amend Zoning By-law 194-82, as amended (Box Grove Hill Developments Inc., 6788 14th Avenue, north side of 14th Avenue and east of 9th Line - To delete a portion of the subject lands from the designated area of By-law 194-82, as amended, and to incorporate the lands within the designated area of By-law 177-96, as amended, to permit the development of single-detached lots).

                                    (Item 2, Report No. 55, 2008)

                                    By-law

 

BY-LAW 2008-252    A by-law to amend Zoning By-law 177-96, as amended (Box Grove Hill Developments Inc., 6788 14th Avenue, north side of 14th Avenue and east of 9th Line - To permit the development of single-detached lots).

                                    (Item 2, Report No. 55, 2008)

                                    By-law

 

BY-LAW 2008-254    A by-law to amend By-law 2002-276, a by-law to impose fees or charges for services or activities provided or done by the Town of Markham (To update Water/Wastewater Rates effective January 1, 2009)

                                    (Item No. 3, Report No. 60, 2008)

                                    By-law

 

CARRIED

 

 

 

13.       IN-CAMERA ITEMS

 

REPORT OF GENERAL COMMITTEE - November 17, 2008

 

(1)        PROPOSED SALE OF UNION STREET ROAD ALLOWANCE
ABUTTING 12 EUCLID STREET (10.0 & 16.11)

 

Moved by Councillor A. Chiu

Seconded by Regional Councillor J. Jones

 

That the report entitled “Proposed Sale of a Portion of the Union Street Road Allowance Abutting 12 Euclid Street: Follow-up on Property Issues” be received; and,

 

That a portion of the west side of the Union Street road allowance adjacent to 12 Euclid Street, being Parts 2 and 3 on the draft 65R plan appended as Attachment No. 1, be declared surplus pursuant to Town of Markham By-law 178-96 and that notice of the proposed disposition of such lands be placed on the agenda for the Council meeting of November 25, 2008; and,

 

That a by-law be enacted at a future Council meeting authorizing the stopping up, closing and conveyance of that portion of Union Street abutting 12 Euclid Street described as Parts 2 and 3 on attachment No. 1, to the owners of 12 Euclid Street and that the Mayor and Clerk be authorized to execute a Transfer of Land and other related documents for the completion of this transaction, in a form satisfactory to the Town Solicitor; and,


 

That the Town register a Conservation Easement on title to Parts 2 and 3 on the draft 65R plan appended as Attachment No. 1 addressing the protection of existing trees; and further,

 

That the Town retain an easement along the northerly limits of Part 2 on the draft 65R plan append as Attachment No. 1 for Town vehicle turnaround.

 

CARRIED

 

 

(2)        APPEAL OF ONTARIO MUNICIPAL BOARD DECISION
179 JOHN STREET, THORNHILL (8.0)

 

Moved by Regional Councillor T. Wong

Seconded by Regional Councillor J. Jones

 

That the report entitled “Appeal of Decision of Ontario Municipal Board (OMB) in respect of 179 John Street, Thornhill” be received; and,

 

That the letter dated November 16, 2008 from the Thornhill Conservation District Ratepayers Association in opposition to an appeal of the OMB’s decision regarding the demolition of the home at 179 John Street, be received; and,

 

That Council ratify the actions of staff in filing a Motion for Leave to Appeal in respect of the Ontario Municipal Board’s decision; and,

 

That staff be instructed to proceed with the Notice of Motion for Leave to Appeal in respect of the decision of the Ontario Municipal Board regarding 179 John Street, Thornhill and the appeal of the Board’s decision if the Motion is successful; and further,

 

That staff be instructed to take all actions necessary to give effect to the foregoing resolutions.

 

CARRIED

(See following recorded vote) (9:3)

 

            YEAS:             Mayor F. Scarpitti, Deputy Mayor J. Heath, Regional Councillor T. Wong, Regional Councillor G. Landon, Councillor V. Burke, Councillor E. Shapero, Councillor J. Virgilio, Councillor J. Webster, Councillor L. Kanapathi. (9)

 

            NAYS:             Regional Councillor J. Jones, Councillor C. Moretti, Councillor D. Horchik. (3)

 

            ABSENT:        Councillor A. Chiu. (1)

 

 


 

(3)        PROPOSED CONVEYANCE OF PARTS 1 AND 2,
REGISTERED PLAN 65R -30497 TO BOX GROVE HILL (8.1)

 

Moved by Councillor A. Chiu

Seconded by Regional Councillor J. Jones

 

That the report entitled “Proposed Conveyance of Parts 1 and 2, Registered Plan 65R-30497 (Lands for the Donald Cousens Parkway)” be received;

 

That Parts 1 and 2, Registered Plan 65R-30497 be declared surplus pursuant to Town of Markham By-law 178-96 and that notice of the proposed disposition of such lands be placed on the agenda for the Council meeting of November 25, 2008; and further,

 

That a by-law be enacted at the Council meeting on November 25, 2008 authorizing the Mayor and Clerk to execute a Transfer of Land and other related documents to give effect to the conveyance of lands legally described as Part of Lot 7, Concession 9, Town of Markham and said agreement to be in a form satisfactory to the Town Solicitor.

(By-law 2008-245)

 

CARRIED

 

 

(4)        LEGAL ACTION TO PREVENT SITE PLAN
ALTERATION AT 23 AND 25 RAVENGLOSS DRIVE (8.0)

 

Moved by Councillor A. Chiu

Seconded by Regional Councillor J. Jones

 

That the report entitled “Legal Action to Prevent Site Alteration at 23 and 25 Ravengloss Drive” be received; and,

 

That the legal action commenced by the Town to restrain site alteration at 23 and 25 Ravengloss Drive be ratified; and further,

 

That staff be authorized and directed to take all action necessary to ensure that the owners of the above noted properties comply with the Town’s Site Alteration By-law.

CARRIED

 

 


 

14.       CONFIRMATORY BY-LAW

 

Moved by Regional Councillor T. Wong

Seconded by Councillor J. Webster

 

That By-law 2008-253 be given three readings and enacted.

 

Three Readings

 

BY-LAW 2008-253    A by-law to confirm the proceedings of the Council meeting of November 25, 2008.
(Council Meeting No. 17, 2008)

                                    By-law

 

CARRIED

 

 

 

15.       ADJOURNMENT

 

Moved by Councillor J. Virgilio

Seconded by Regional Councillor G. Landon

 

That the Council meeting adjourn at 9:48 p.m.

 

CARRIED

 

 

 

 

 

 

__________________________________                ________________________________

KIMBERLEY KITTERINGHAM                               FRANK SCARPITTI

TOWN CLERK                                                          MAYOR

 

(Signed)

 

 

 

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