2006-03-21
COUNCIL MINUTES Council Chamber, Civic Centre
Meeting No. 6
(Canada
Room)
COMMITTEE
OF THE WHOLE
ROLL
CALL
Deputy Mayor
F. Scarpitti (4:25 p.m.), Regional Councillor J. Heath, Regional Councillor J.
Jones, Regional Councillor B. O'Donnell, Councillor S. Daurio, Councillor E.
Shapero, Councillor J. Virgilio, Councillor G. McKelvey, Councillor J. Webster,
Councillor D. Horchik, Councillor K. Usman, Councillor A. Chiu. (12)
Regrets
Mayor D.
Cousens.
Moved by Councillor
A. Chiu
Seconded by Councillor
K. Usman
That Council resolve itself into the
Committee of the Whole to discuss the following:
(1) Special
Event - The Great Markham Rodeo (3.5)
(2) Varley-Mckay
Art Foundation Memorandum of Understanding (8.0)
(3) Summary
of 2005 Remuneration & Expenses for Councillors & Appointees to Boards
& Other Bodies for Period January 1, 2005 to December 31, 2005 (16.23,
11.0)
(4) 2006
Advisory Committee/Board Appointments (16.24)
(5) Shell
Canada Limited, 5706 Highway 7 East Site Plan Approval Application (03 Sc
111937) (10.6)
(6) Special Event - The Great Markham Rodeo
(3.5)
CARRIED
The Regular
Meeting of Council was held on March 21, 2006
at 7:02 p.m. in the Council Chamber, Civic Centre. Deputy Mayor F. Scarpitti presided.
(Council
Chambers)
COUNCIL
ROLL
CALL
Deputy Mayor
F. Scarpitti, Regional Councillor J. Heath, Regional Councillor J. Jones,
Regional Councillor B. O'Donnell, Councillor S. Daurio, Councillor E. Shapero,
Councillor J. Virgilio, Councillor G. McKelvey, Councillor J. Webster, Councillor
D. Horchik, Councillor K. Usman, Councillor A. Chiu. (12)
Regrets
Mayor D.
Cousens.
STAFF
J. Livey,
Chief Administrative Officer
J. Baird,
Commissioner of Development Services
S. Birrell,
Town Clerk
C. Conrad,
Town Solicitor
P. Miller,
Manager, Secretariat Services
J. Sales,
Commissioner of Community & Fire Services
A. Taylor,
Commissioner of Corporate Services
1. DISCLOSURE OF PECUNIARY INTEREST
Councillor J. Virgilio disclosed an interest with
respect to By-laws 2006-68 (Hold Removal for Rodeo Fine Homes) and 2006-71
(Part Lot Control for Kindwin Markham Limited), by nature of representing the
owners of the subject lands, and did not take part in the consideration or
discussion of or vote on the question of the approval of such matter.
2. REPORT OF THE COMMITTEE OF THE WHOLE
Moved by Councillor K. Usman
Seconded by Councillor E. Shapero
That Council rise from the Committee of the
Whole and the Chairman report.
CARRIED
Deputy Mayor F.
Scarpitti reported the following motions passed at the Committee of the Whole
meeting:
(1) SPECIAL EVENT -
THE GREAT MARKHAM RODEO (3.5)
Presentation
That the presentation
by Dr. Morley Lem, representing the Markham Village Group, about a number of
proposed events in and around Markham relating to the Great Markham Rodeo, be
received;
And that the
deputations by Ivan McCreight, St. Andrew's Presbyterian Church, Gord
Braithwaite, St. Andrew's Presbyterian Church, and Leslie Olson, Village
Pottery & Art Studio, all expressing concern about the proposed road
closure for the parade for the Great Markham Rodeo, be received;
**And that the
request for road closure to facilitate the parade for the Great Markham Rodeo
be referred to staff, the Chief Administrative Officer, the Commissioner of
Community and Fire Services, Deputy Mayor Scarpitti, Regional Councillor Heath,
Councillors Webster and McKelvey and any other interested Councillors to meet
with the Markham Business Improvement Area (BIA) to resolve issues of concern
and report back to Committee.
______________________________________________________________________________
** Amended
by Council on April 11, 2006 to add "…and the Markham Village Group, the
promoters…" after the words "…Markham Business Improvement Area
(BIA)…".
(2) VARLEY-MCKAY
ART FOUNDATION MEMORANDUM
OF UNDERSTANDING (8.0)
Report
That the report titled Varley-McKay
Art Foundation Memorandum of Understanding be received;
And that the revised Memorandum of
Understanding be approved;
And that the Mayor and Clerk be authorized to
execute the Memorandum of Understanding between the Town and the Varley-McKay
Art Foundation of Markham, in a form satisfactory to the Town Solicitor.
(3) SUMMARY OF 2005 REMUNERATION
AND EXPENSES FOR COUNCILLORS
AND
APPOINTEES TO BOARDS AND OTHER
BODIES
FOR PERIOD JANUARY 1, 2005 TO
DECEMBER 31, 2005 (16.23, 11.0)
Report
That Council
receive for information the March 21, 2006 report entitled "Summary of
2005 Remuneration & Expenses for Councillors and Appointees to Boards and
Other Bodies for the period January 01, 2005 to December 31, 2005".
(4) 2006
ADVISORY COMMITTEE/BOARD APPOINTMENTS (16.24)
Box Grove
Community Centre Board
That the
following appointments to the Box Grove Community Centre Board for a term to
expire December 31, 2006, be confirmed:
Murray Cresswell
James Newell
Tom Farrar
Frank Orovits
Lorraine Crivaro
Rina Abbott
Brian Tatham
Karen Feddersen
Bodo Maslabey
Dan McCombe
Bob Watt
Canada Day
Committee
That the
resignation of Shannon Walter from the Canada Day Committee be received with
regret and a letter of appreciation forwarded.
Duffins and
Carruthers Watershed Committee
That the
resignation of Councillor J. Webster from the Duffins and Carruthers Watershed
Committee due to a scheduling conflict, be received with regret;
And that a
replacement Councillor be appointed for a term to expire November 30, 2006;
Main Street Milliken
Advisory Group
That Neil
Alexander be appointed to the Main Street Milliken Advisory Group;
Markham Public
Art Advisory Committee
That the
following persons be appointed to the Markham Public Art Advisory Committee for
a term to expire November 30, 2007:
Tom Giantsopoulos
Dennis Anderson Coward;
And
that the terms of the following current members be extended to November 30, 2007:
Anna Gauci (Varley McKay Art Foundation of
Markham representative)
Deborah Castello
Elizabeth Chong
Paul Leonidis
Kelly McLeod
Judi McIntyre, Chair
Priti Tripathi
Markham
Public Library Board
That
the resignation of Susan Graham Walker from the Markham Public Library Board be
received with regret and a letter of appreciation forward and a replacement not
be sought at this time.
(5) SHELL CANADA LIMITED, 5706 HIGHWAY 7
EAST
SITE PLAN APPROVAL APPLICATION
(03 SC 111937) (10.6)
That the report entitled “Shell Canada
Limited, 5706 Highway 7 East, Site Plan Approval Application No. 03 SC 111937”
be received;
And that the engineering conditions set out
in Schedule “A” to this report pertaining to site remediation be inserted in
the site plan agreement between Shell Canada Limited and The Corporation of the
Town of Markham to the satisfaction of the Town Solicitor and the Director of
Engineering;
And that the Mayor and Clerk be authorized to
execute the site plan agreement with Shell Canada Limited regarding Site Plan
Application No. 03 SC 111937 on behalf of The Corporation of the Town of Markham.
Moved by Regional Councillor J. Heath
Seconded by Regional Councillor J. Jones
That the Report of the Committee of the Whole
be adopted, approved and confirmed.
CARRIED
3. MINUTES
(1) COUNCIL
MINUTES
- FEBRUARY 28, 2006
Moved by
Councillor A. Chiu
Seconded by
Councillor K. Usman
That the
Minutes of the Council Meeting held on February 28, 2006, be adopted.
CARRIED
Moved by
Councillor K. Usman
Seconded by
Regional Councillor J. Jones
That Council
resolve into Committee of the Whole.
CARRIED
Moved by
Regional Councillor J. Jones
Seconded by
Councillor A. Chiu
That Committee
of the Whole resolve in-camera.
CARRIED
2. REPORT OF THE COMMITTEE OF THE WHOLE
cont'd.
Moved by Councillor K. Usman
Seconded by Councillor E. Shapero
That Council rise from the Committee of the
Whole and the Chairman report.
CARRIED
Deputy Mayor
F. Scarpitti reported the following motions passed at the Committee of the
Whole meeting:
(6) SPECIAL EVENT -
THE GREAT MARKHAM RODEO (3.5)
Presentation
That the
presentation by Dr. Morley Lem, representing the Markham Village Group, about a
number of proposed events in and around Markham relating to the Great Markham
Rodeo, be received;
And that the
deputation of Michelle Sukul-Chan, Manager, Markham Business Improvement Area
(BIA), in support of the Great Markham Rodeo, be received;
And that the
deputations by Ivan McCreight, St. Andrews Presbyterian Church, Gord
Braithwaite, St. Andrews Presbyterian Church, and Leslie Olson, Village Pottery
& Art Studio, all expressing concern about the proposed road closure for
the parade for the Great Markham Rodeo, be received;
**And that the
request for road closure to facilitate the parade for the Great Markham Rodeo
be referred to staff, the Chief Administrative Officer, the Commissioner of
Community and Fire Services, Deputy Mayor Scarpitti, Regional Councillor Heath,
Councillors Webster and McKelvey and any other interested Councillors to meet
with the Markham Business Improvement Area (BIA) to resolve issues of concern
and report back to Committee.
______________________________________________________________________________
** Amended
by Council on April 11, 2006 to add "…and the Markham Village Group, the
promoters…" after the words "…Markham Business Improvement Area
(BIA)…".
Moved by Regional Councillor K. Usman
Seconded by Councillor E. Shapero
That the Report of the Committee of the Whole
be adopted, approved and confirmed.
CARRIED
4. PRESENTATIONS
Council consented
to separate Presentation (1).
(1) FOURTH
MUNICIPAL LEADER SUMMIT ON CLIMATE CHANGE (12.2.6)
Presentation Report Attachment
1 2 3
Moved by
Councillor D. Horchik
Seconded by
Regional Councillor J. Jones
That the
presentation by Councillor E. Shapero, Chair, Environmental Issues Committee,
and Mavis Urquhart, Manager, Environmental Leadership, of information on the
Fourth Municipal Leaders Summit on Climate Change which took place December 5
to 7, 2005 in Montreal, be referred to the April 3, 2006 General Committee
meeting.
CARRIED
5. DELEGATIONS
Council
consented to add Delegations (1) to (9).
(1) Janet May, Pesticide
Free Ontario – in support of a Town of Markham Pesticide By-law (Report No. 11,
Clause 18(20)) (5.7)
(2) Gideon Forman, Canadian
Association of Physicians for the Environment – in support of a Town of Markham
Pesticide By-law (Report No. 11, Clause 18(20)) (5.7)
(3) Gloria Marsh, Chair,
York Region Environmental Alliance – in support of a Town of Markham Pesticide
By-law (Report No. 11, Clause 18(20)) (5.7)
(4) Barbi Lazarus - in
support of a Town of Markham Pesticide By-law (Report No. 11, Clause 18(20))
(5.7)
(5) Lucas Goris – in
support of a Town of Markham Pesticide By-law (Report No. 11, Clause 18(20))
(5.7)
(6) Mary Margaret McMahon –
in support of a Town of Markham Pesticide By-law (Report No. 11, Clause 18(20))
(5.7)
(7) Kyle Tobin, Lawn Savers
Plant Health Care – in support of fair and open dialogue about a potential Town
of Markham Pesticide By-law (Report No. 11, Clause 18(20)) (5.7)
(8) Michelle Dallip-Harris
– in objection to the application by Highglen Christian Montessori School for
Official Plan and Zoning By-law amendments to permit the conversion of a single
detached residential dwelling to a private school at 5002 14th
Avenue (Report No. 12, Clause (5)) (10.3, 10.5, 10.6)
(9) Ben Quan, QX4
Investments Limited, representing the applicant – advising that he would not be
requesting a two week deferral of the application by Highglen Christian
Montessori School for Official Plan and Zoning By-law amendments to permit the
conversion of a single detached residential dwelling to a private school at
5002 14th Avenue (Report No. 12, Clause (5)) (10.3, 10.5, 10.6)
6(a) REPORT NO. 11 - GENERAL COMMITTEE
Council
consented to separate Clauses (13) and (18 - subsection 20).
Moved
by Councillor K. Usman
Seconded
by Councillor S. Daurio
That
Report No. 11 - General Committee be received and adopted.
March 6, 2006
(1) HERITAGE DISTRICT NEWSLETTER PROGRAM
(16.11)
Report
That
the report entitled “Heritage District Newsletter Program” dated March 6, 2006,
be received;
And
that the Heritage District Newsletter Program be endorsed and funded through
the Heritage Preservation Account (Reserve) (Account #087-2800-115) at a cost
of $1,200.00 per issue and not to exceed $3,600.00 per year.
(2) INFORMATION TECHNOLOGY STRATEGIC PLAN
(7.13)
Report
That
the report dated March 6, 2006, entitled
“Information Technology Strategic Plan” be received;
And
that the final report by IBM Canada Ltd. which defines the proposed Information
Technology Strategic Plan, entitled “Town of Markham IT Strategy” and dated
October 18th, 2004 (attached) be received and endorsed;
And
that staff proceed with recommendations 1 and 2 from the IT Strategic Plan,
funded through the 2005 ITS Capital Budget, Account #049-5350-6764-005, at an
estimated cost of $75,000;
And
that staff develop a business plan for a portal solution, in conjunction with
the Region of York, funded through the 2006 ITS Capital Budget, Account
#049-5350-7300-005, at an estimated cost to Markham of $75,000;
And
that remaining costs for the implementation of recommendations from the IT
Strategic Plan, estimated at $3.0 to $3.5 Million, be considered as part of the
Capital Budget process from 2007 until 2011;
And
that staff report back to Council for funding requirements for other projects
that are derived from the recommendations of the IT Strategic Plan.
(3) ACQUISITION OF LIBRARY MATERIALS FOR THE
MARKHAM VILLAGE LIBRARY EXPANSION
AND RENOVATION (3.19 &
7.5)
Report
That
the report entitled “Acquisition of Library Materials for the Markham Village
Library Expansion and Renovation” be received;
And
that the Library Services Centre, Kitchener, Ontario,
(hereinafter referred to as “LSC”) be the preferred vendor for the selection,
purchase, and preparation of the Markham Village Library’s Collection;
And
that funding for the Acquisition of Library Materials for the Markham Village
Library Expansion and Renovation in the amount of $1,144,600 is provided for in
the 2005 Library Capital Account 76 5350 6836 005 Markham Village Library
Collections;
And
that the 2005 Library Capital Account 76 5350 6836 005 Markham Village Library
Collections be closed upon payment of all invoices and any remaining balance be
returned to the original source of funding.
(4) PROCEEDING WITH A SOLAR THERMAL DISTRICT
ENERGY FEASIBILITY STUDY WITH
FEDERATION OF
CANADIAN MUNICIPALITIES GREEN
MUNICIPAL FUNDS (5.7)
Report
That
the Commissioner of Community and Fire Services and Director of Strategic
Services be authorized to execute the Grant Agreement between the Federation of
Canadian Municipalities, as the trustee of the Green Municipal Fund Study and
The Corporation of the Town of Markham, and all such other related
documentation, to receive the grant funds of up to $50,000 as part of the Solar
Thermal District Energy Feasibility Study;
And
that, as approved by Markham Council on March 29, 2005, the Town’s funding
share (up to $25,000) for the feasibility study will come from the Markham
Environmental Sustainability Fund from account #87 2800168, conditional on
Times Group Corporation contributing matching funds ($25,000);
And
that Markham Council authorize the undertaking of the study and approve the
feasibility study’s increased upset funding limit of $141,250 with the addition
of new funding partners, Enbridge Gas Distribution, committing $10,000, and the
Canadian Energy Partnership for Environmental Innovation, committing $31,250,
as outlined in this report;
And
that Markham Council approve the feasibility study’s increased scope of work as
a result of the participation of Enbridge Gas Distribution and the Canadian
Energy Partnership for Environmental Innovation in the feasibility study, as
outlined in this report;
And
that the Commissioner of Community and Fire Services and Director of Strategic
Services be authorized to execute contractual agreements with funding partners
Times Group Corporation, Enbridge Gas Distribution and the Canadian Energy
Partnership for Environmental Innovation in order to receive the Federation of
Canadian Municipalities Green Municipal Funds grant and proceed with the Solar
Thermal District Energy Feasibility Study and in a form satisfactory to the
Town Solicitor;
And
that Markham Council authorize staff to undertake the feasibility study and
proceed with the Request for Proposal for the Solar Thermal District Energy
Feasibility Study with an upset limit of $141,250.
(5) PURCHASE OF SPONSORSHIPS – IF I HAD A
MILLION
DOLLARS GALA – WEDNESDAY, MAY
3, 2006 (12.2.6)
Report
That
tickets be purchased for Councillors wishing to attend the “If I had a Million
Dollars Gala” for the Stephen Lewis Foundation on Wednesday, May 3, 2006. The event will be held at
Le Parc, Richmond Hill. Costs will be charged to
account 840 8415840, not to exceed $3000.00.
(6) PURCHASE OF SPONSORSHIPS – YELLOW BRICK
HOUSE
MENDING HEARTS GALA – APRIL
29, 2006 (12.2.6)
Report
That
Council purchase a half page program ad at $400 and tickets be purchased for
Councillors wishing to attend the Mending Hearts Creating Dreams Gala on Saturday, April 29, 2006. The event will be held at
the Hilton Suites Hotel. Costs will be
charged to account 840 8415840.
(7) PURCHASE OF SPONSORSHIPS – KIDNEY
FOUNDATION
ART OF GIVING GALA, 2006 –
APRIL 27, 2006 (12.2.6)
Report
That
a table for 10 be purchased for an amount not to exceed $3,000.00 for the
Kidney Foundation “Arts for Giving Gala” on Thursday, April 27, 2006. This event will be held at the Sheraton
Centre Toronto Hotel. Costs will be
charged to account 840 8415840.
(8) PURCHASE OF SPONSORSHIPS – MAYOR’S
DINNER
FOR THE ARTS, MARCH 30, 2006
(12.2.6)
Report
That
Council purchase a Corporate Table at the cost of $1,750 (excluding GST) for
“Pursuing Dreams – The Mayor’s Dinner for the Arts” Thursday, March 30, 2006. This event will be held at
the Hilton Suites Toronto/Markham. Cost will
be charged to account 840 8415840.
(9) PURCHASE OF SPONSORSHIPS – FUNDRAISING
GALA IN SUPPORT OF THE
FILIPINO DISASTER
MARCH 22, 2006 (12.2.6)
Report
That Council purchase a table of 10 for the
Fundraising Gala in support of the Filipino Disaster. The Gala will be held at the Crystal Fountain
Banquet Hall on Wednesday, March 22, 2006 and is
co-chaired by the MFFC, the FCCM and the Chief of Police for York Region. A table of 10 at $2500 will be charged to
account 840 8415840.
(10) UPDATED REGIONAL WASTE DIVERSION STRATEGY
(5.1)
Report
That the report titled Updated
Regional Waste Diversion Strategy be received;
And that the Region be informed that Markham will
participate in the development of a Regional waste diversion strategy;
And that Markham Council be provided the
opportunity to review and comment on the contents of the strategy prior to its
finalization.
(11) MINUTES – BUILDING AND PARKS CONSTRUCTION
COMMITTEE: JANUARY 20, 2006
AND FEBRUARY 17, 2006 (5.0, 6.3)
Jan
20 Feb
17
That the minutes of the Building and Parks
Construction Committee meetings held on January 20, 2006 and February 17, 2006
be received;
And that the following recommendation be
endorsed by Council:
“That staff be authorized to undertake a life
cycle audit of the components of the Angus Glen Community Centre and Library at
an approximate cost of $22,000.00.”
(12) AGREEMENT TO OPERATE A MINIATURE TRAIN
RIDE
AT MARKHAM MUSEUM (6.7, 8.2)
Report
That the
report titled Agreement to Operate
a Miniature Train Ride at Markham Museum be received;
And that
Council approve the objectives and conditions (Option 2) within a proposed
agreement between the Town of Markham and the
Markham Historical Society enabling
the Town to operate and maintain the miniature train for a period of ten (10)
years for a total cost of $1 a year;
And that the
miniature train be operated and maintained by members of the Markham Historical
Society acting as formally registered volunteers of the Town;
And that the Town of Markham extend insurance coverage for
the operation of the miniature train ride at the Markham Museum;
And further that the Mayor and Town Clerk be authorized to sign an
agreement between the Town of Markham and the Markham Historical Society and
any other documents to give effect thereto, in a form satisfactory to the Town
Solicitor enabling the operation of the miniature train for a period of ten
(10) years.
(13) TOWN OF MARKHAM & CACHET DENTAL
PARTNERSHIP (8.2)
Report
That the non-exclusive partnership between
the Town of Markham and Cachet Dental Office, for the Interior Naming of the
West Arena at the Angus Glen Community Centre in the amount of $20,000 per year
for a three year term with an option to renew for an additional two years based
upon mutual agreement be approved by Council;
And that a legal agreement between Cachet
Dental Office and the Town of Markham detailing
the partnership be prepared by Legal Services;
And that Council authorize the Mayor and
Clerk to execute this agreement in a form satisfactory to the Town Solicitor;
And that the Manager of Marketing and
Community Partnerships work with internal stakeholders to implement and service
the partnership.
CARRIED
(See following motion to defer which was
Lost)
Moved
by Regional Councillor J. Jones
Seconded by Councillor E. Shapero
That Clause (13), Report No. 11 be deferred and referred to staff
for a presentation of strategy on sponsorship including pricing.
LOST
(14) ANNUAL (2005) WATER QUALITY REPORT (5.3)
Report A B
That the Annual (2005) Summary Report to
Council as required by Schedule 22 of Ontario Regulation 170/03 enclosed
herein be received;
And that the Annual (2005) Regulatory
Report to MOE (Attachment “A”) comprised of Parts I, II & III-Form 2,
III-Form 6 for the Ministry of the Environment on water supply and quality as
required by Section 11 of Ontario Regulation 170/03 be received;
And that Council directs staff to post the Annual
(2005) Regulatory Report to MOE on the Town’s website and that it be made
available and provided to residents upon request in hard copy version;
And that the Annual (2005) Customer Water
Quality Report (Attachment “B”) be received. This report to be made available on the Town’s
website by mid March. It is also to be
included in a later mass mailing to residents on April 1, 2006 (with the Green
Mission newsletter).
(15) SIGNING OF POWERSTREAM AGREEMENT (8.2)
Report Attachments
That the Mayor and Clerk be authorized and
directed to execute the Conservation and Demand Side Management Services
Agreement with PowerStream for the provision of services to be delivered by the
Markham Energy Conservation Office (MECO) in exchange for $1 million in fees,
in a form satisfactory to the Town Solicitor.
(16) RECOGNITION FOR FORMER OBERBURGERMEISTER
OF NORDLINGEN, GERMANY, MR.
PAUL KLING (13.5)
Letter
That the letter from Mr. H. Sulzbach, Mayor, Nordlingen Germany, dated January 20,
2006 providing notice and extending an invitation to an event commemorating the
retirement of former Oberburgermeister of Markham’s sister city, Nordlingen
Germany, Mr. Paul Kling be received;
And that the Mayor’s Office acknowledge
receipt of the letter and forward an appropriate gift to Mr. Paul Kling, the retiring
Mayor of Nordlingen, Germany.
(17) THE SUPER CITIES WALK FOR MULTIPLE
SCLEROSIS (13.0)
Letter
That the letter from Mr. T. Taylor, Mayor, Newmarket
requesting Markham’s participation in the Super Cities Walk for Multiple Sclerosis be
received;
And that staff obtain additional information
regarding the Walk on April 23, 2006;
And that the Town of Newmarket be
advised that the Town of Markham will be inviting participants to form a team for a Walk within the
Town of Markham.
CARRIED
(18) OTHER COMMITTEE PROCEEDINGS
- MINUTES OF GENERAL COMMITTEE
MEETING
- MARCH 6, 2006 (16.0)
CARRIED
(See following motions to refer
which were Lost)
Moved by Councillor K. Usman
Seconded by Councillor E. Shapero
That Clause (18), Subsection 20, Report No. 11 be referred to staff to
explore the possibility of the expansion of the pesticide free pilot project
and education programs into Ward 7 and report back to General Committee.
LOST
Moved by Councillor J. Virgilio
Seconded by Regional Councillor J. Jones
That Clause (18), Subsection 20, Report No. 11 be referred to General
Committee including consideration of the expansion of the pesticide free pilot
project and education programs into Ward 7.
LOST
6(b) REPORT NO. 12 - DEVELOPMENT SERVICES
COMMITTEE
Council consented to separate Clause (5).
Moved by Councillor D. Horchik
Seconded by Regional Councillor J. Jones
That Report No. 12 - Development Services
Committee be received and adopted.
March 7, 2006
(1) YMCA STREET NAMING (10.14)
That the presentation by Badhur Madhami or the Board of Directors, and
Kathy Ann White, both representing the YMCA, regarding the naming of the YMCA
street, be received;
And that the former access road to the
Unionville GO Station be named YMCA Boulevard.
(2) CONVEYANCE OF ACCESS EASEMENTS
TO SERVE HERITAGE HOUSES ON
BLOCKS 62 AND 63,
PLAN 65M-3837 IN THE BOX GROVE
COMMUNITY (8.1)
Report Figures
That the report entitled “Conveyance of access easements to serve heritage
houses on Blocks 62 and 63, Plan 65M-3837 in the Box Grove Community” dated
March 07, 2006, be received;
And that Council authorize the Mayor and Clerk to execute all documents
for the conveyance of access easements over portions of Block 70, Plan
65M-3837, described as Parts 1 and 3 on Plan 65R-28650, to accommodate access
to Blocks 62 and 63 heritage houses located at the northwest corner of 14th
Avenue / 9th Line By-Pass and registered on Plan 65M-3837 for
nominal consideration, in a form satisfactory to the Director of Engineering and Town Solicitor;
And that staff be directed to
undertake the necessary steps to give effect to this recommendation.
(3) FINAL ASSUMPTION
RESIDENTIAL PLANS OF
SUBDIVISION (10.7)
Memo
Rec
By-law
Whereas by Memorandum dated February 6, 2006, the Director of
Engineering advised that the guarantee period for Registered Plans 65M-3297,
65M-3189, 65M-3243, 65M-3244, 65M-3507, 65M-3327 and 65R-14545 has expired and
all conditions of their respective subdivision agreements have been complied
with;
Now therefore be it resolved that the services in the following
subdivisions be assumed:
Eastpine Kennedy-Steeles Limited
and Ricenberg Developments Limited 65M-3297
Farrita Enterprises Inc. 65M-3189
Di Poce Brothers Corporation 65M-3243,
65M-3244
and 65M-3507
Rouge Fairways Development Corp. 65M-3327
(Gorvette Drive) Parts 1, 2 and 3 65R-14545
And that the Mayor and Clerk be authorized to execute the necessary
releases from the terms of the subdivision agreements;
And further that the necessary by-laws be enacted to establish roads
within the subdivisions as part of the highways of the Town of Markham.
(By-law 2006-64)
(4) UPDATE
TO THE SECONDARY PLAN
FOR THE CORNELL COMMUNITY (10.3)
Report Fig
1 AppA Maps
That the deputation by Garry Atkins, with comments regarding the
Secondary Plan for the Cornell Community, be received;
And that the staff report entitled “Update to the Secondary Plan for
the Cornell Community” dated March 7, 2006, be received;
And that the draft updated Secondary Plan for the Cornell community,
attached as Appendix “A” to the staff report, be received;
And that the draft updated Secondary Plan for the Cornell community be
circulated to agencies and to landowners within the Planning District and released for public
review and comment;
And that staff be authorized to schedule a community open house and a
statutory Public Meeting to consider the updated Secondary Plan for the Cornell
community;
And that Council request the Provincial Ministry of Transportation and
the Region of York to expedite the transfer of jurisdiction of the section of
Highway 7 between 9th Line and Reesor Road to the Region of York in
order to apply Regional arterial road standards to facilitate the development
of a compact, mixed-use, pedestrian friendly and transit supportive node along
this section of Highway 7 in accordance with Provincial and Regional policy;
And that Mr. R. Hanmer, Regional Director Central Region, Ministry of
Transportation, and Mr. B. Macgregor, Commissioner of Transportation and Works,
Region of York, be advised accordingly;
And that staff bring forward a recommendation regarding composition of
a working group to be formed to work with staff regarding finalization and implementation
of the Secondary Plan for the Cornell Planning District;
And that it be
populated with membership including, but not limited to, representatives of:
- Cornell residents
-
East end residents
-
The Markham Stouffville Hospital
-York
Region District School Board
-
York Rapid Transit Program
-
Land owners
-
Developers
-
York Region Planning staff
-
Members of Council
-
Toronto and Region Conservation Authority
CARRIED
(5) HIGHGLEN CHRISTIAN MONTESSORI SCHOOL
5002 14TH AVENUE, OFFICIAL
PLAN AND ZONING
BY-LAW AMENDMENTS AND SITE
PLAN APPROVAL
TO PERMIT THE CONVERSION OF A
SINGLE DETACHED
RESIDENTIAL DWELLING TO A
PRIVATE SCHOOL
(OP 05 016647, ZA 05 016645
& SC 05 016642) (10.3, 10.5, 10.6)
Report 1 2 3 4 A B
That the deputations by Mihai Popovici and Melville Garvida in opposition
to the proposed Official Plan and Zoning By-law amendments, Files OP 05 016647 and
ZA 05 0166445 submitted by Highglen Christian Montessori School for 5002 14th
Avenue, be received;
And that the Official Plan Amendment application (OP 05 016647)
submitted by Highglen Christian Montessori School to permit the conversion of a
single detached residential dwelling to a Private School at 5002 14th
Avenue, on the north side of 14th Avenue between Redkey Drive and Tillie Square, be denied;
And that the Zoning By-law Amendment application (ZA 05 016645) to
amend By-law 90-81, as amended, submitted by Highglen Christian Montessori
School to permit the conversion of a single detached residential dwelling to a
Private School at 5002 14th Avenue, on the north side of 14th Avenue between Redkey Drive and Tillie Square, be denied;
And that the Site Plan
application (SC 05 016642) submitted by Highglen Christian Montessori School to
permit the conversion of a single detached residential dwelling to a Private
School at 5002 14th Avenue, on the north side of 14th
Avenue between Redkey Drive and Tillie Square, be denied.
LOST (6:6)
(See
following recorded vote)
(See
following motion to reconsider which was Lost)
YEAS: Deputy
Mayor F. Scarpitti, Regional Councillor J. Heath, Councillor E. Shapero,
Councillor J. Virgilio, Councillor D. Horchik, Councillor K. Usman. (6)
NAYS: Regional Councillor J.
Jones, Regional Councillor B. O'Donnell, Councillor S. Daurio, Councillor G.
McKelvey, Councillor J. Webster, Councillor A. Chiu. (6)
ABSENT: Mayor D. Cousens.
Moved by Councillor K. Usman
Seconded by Regional Councillor J. Heath
That Report No. 12, Clause (5) be reconsidered.
LOST
(4:8)
(See
following recorded vote)
YEAS: Deputy
Mayor F. Scarpitti, Regional Councillor J. Heath, Councillor E. Shapero,
Councillor K. Usman. (4)
NAYS: Regional Councillor J.
Jones, Regional Councillor B. O'Donnell, Councillor S. Daurio, Councillor J.
Virgilio, Councillor G. McKelvey, Councillor J. Webster, Councillor D. Horchik,
Councillor A. Chiu. (8)
ABSENT: Mayor D. Cousens.
(6) YORK REGION DISTRICT SCHOOL BOARD
44 MAIN STREET SOUTH,
UNIONVILLE
SITE PLAN APPROVAL FOR MARKHAM
CENTRE HIGH SCHOOL
FOR ATHLETICS AND HEALTHY
LIVING (SC 05 022671) (10.6)
Report Maps Letter Conditions
That the report dated March 7, 2006, entitled “York Region District School Board,
Application for Site
Plan Approval - Markham Centre High School for Athletics and Healthy Active Living at 44 Main Street Unionville” be received;
And that site plan approval be delegated to
the Director of Planning and
Urban Design or her designate, to be issued following execution of a site plan
agreement. Site Plan approval is issued
only when the Director has signed the site plan;
And that the Site Plan application (SC 05 022671) submitted by York Region District
School Board to construct the Markham Centre High School for
Athletics and Healthy Active Living, be endorsed in principle, subject to the
conditions attached as Appendix ‘A’ to the staff report, as amended with respect to school bus restrictions on Main Street
Unionville;
And that the owner enter into a
site plan agreement with the Town, containing all requirements of the Town,
York Region, TRCA and other public agencies, including
providing any financial securities required;
And that this
endorsement shall lapse and site plan approval will not be issued, after a period of three years commencing
March 7, 2006, in the event that the site plan agreement is not executed within
that period;
And that staff be authorized to pursue the
necessary agreement to acquire an easement for District Energy, from the
adjacent property owners to the south of the school site, and that the Mayor
and Clerk be authorized to execute such an agreement in a form satisfactory to
the Town Solicitor.
(7) 1191373 ONTARIO INC., 7200 MARKHAM ROAD
ZONING BY-LAW AMENDMENT TO
PERMIT
A DEPARTMENT STORE (GIANT TIGER)
(ZA 05 027205) (10.5)
Report
That the Development Services
Commission report dated February 7, 2006, entitled “Preliminary Report, 1191371
Ontario Inc., Application for Zoning By-law Amendment to permit a General
Merchandise Department Store (Giant Tiger) within an existing building” be
received;
And that the record of the
Public Meeting held on March 7, 2006, with respect to the proposed Zoning
By-law amendment, be received;
And that the application by
1191373 Ontario Inc. for an amendment to Zoning By-law 90-81, as amended, be
approved;
And that the applications by
1191373 Ontario Inc. for an amendment to Zoning By-law 90-81, as amended, be
enacted without further notice;
And that the Committee be
advised of revisions to the site plan.
(8) DRAFT SECONDARY PLAN FOR THE
404 NORTH PLANNING
DISTRICT (MI 459) (10.3)
Report Maps
That the written submissions
from Aaron Platt of Strikeman Elliott, representing the property owners of 2705
19th Avenue, and from Jim Kirk of Malone Given Parsons Ltd.,
representing Vetmar Limited with concerns regarding the proposed Draft
Secondary Plan for the 404 North Planning District, File MI 459, be received;
And that the deputation by Jim
Kirk of Malone Given Parsons Ltd., representing Vetmar Limited with concerns regarding the proposed Draft
Secondary Plan for the 404 North Planning District, File MI 459, be received;
And that the record of the Public Meeting held on March
7 2006 with respect to the proposed Official Plan Amendment incorporating
the Highway 404 North Secondary Plan be received;
And that staff
finalize the proposed Official Plan Amendment incorporating the Highway 404
North Secondary Plan and submit it to Council for adoption;
And that the
adopted Official Plan Amendment be submitted to the Region of York and that the
Region be requested to approve the Amendment.
(9) 1113899 ONTARIO LTD., 23 WATER STREET
ZONING BY-LAW AMENDMENT TO
PERMIT
FOUR RESIDENTIAL LOTS (ZA 03
112248) (10.5)
Report
That the deputation by Prescott
Harrison of the Board of Directors for the Water Street Seniors Building, with
concerns regarding the proposed Zoning By-law Amendment, File ZA 03 112248,
submitted by 1113899 Ontario Ltd. for 23 Water Street, be received;
And that the Development Services Commission Report dated January
24, 2006
entitled “Preliminary Report, Zoning Amendment, 1113899 Ontario Limited, 23 Water Street, Markham, ZA 03 112248” be received;
And that the record of the
Public Meeting held on March 7 2006 with respect
to the proposed amendment to By-law 1229, as amended, be received;
And that the application by 1113899 Ontario Limited to
amend By-law 1229 be approved;
And further that the proposed amendment to By-law 1229
be enacted without further notice;
And that staff monitor and review traffic flow and
parking issues once the project is complete.
(10) OTHER COMMITTEE PROCEEDINGS
- MINUTES OF DEVELOPMENT
SERVICES
COMMITTEE MEETING – MARCH 7,
2006 (16.0)
CARRIED
7. MOTIONS
Council
consented to add Motions (1) to (4).
(1) NORTH
AMERICAN NATIVE PLANT SALE (12.2.6)
Moved by Councillor E. Shapero
Seconded by Regional Councillor J. Jones
That an exemption from Town policy be granted to permit a North American
native plant sale to take place in the Great Hall, Markham Civic Centre on May
6, 2006.
CARRIED
(2/3rd vote to consider was
required and obtained)
(2) REPLACEMENT
OF A REGIONAL SEWER LINE
IN MILNE PARK TO BE CONNECTED
TO YORK
DURHAM SEWER SYSTEM –
EXEMPTION FROM
NOISE CONTROL BY-LAW 2003-137
(5.5)
Moved by Councillor G. McKelvey
Seconded by Councillor J. Webster
Whereas the Region of York is currently replacing a Region sewer under
the Milne Pond;
And whereas the Ministry of Natural Resources requires such work be
completed by March 31, 2006;
And whereas the Region of York has requested approval to work if
necessary Sundays from 0800 to 1700 to meet the project deadline;
Now therefore be it resolved that the exemption from the Town of Markham
Noise By-law 2003-137 be extended to permit the Region of York and its
contractor to work 0800 to 1700 hours Sunday from February 19, 2006 to April 9,
2006 for sewer construction;
And that the above exemption be subject to the Region and its
consultant advising abutting residents on Riverview Avenue and Willowgate Drive.
CARRIED
(2/3rd vote to consider was
required and obtained)
(3) CONDOLENCES
(12.2.6)
Moved by Councillor J. Webster
Seconded by Councillor K. Usman
That sincere condolences be extended to the family of David Morrison,
Manager, Markham Fairgrounds, who passed away during March break and to the
Markham Fair Board.
CARRIED
(2/3rd vote to consider was
required and obtained)
(4) PESTICIDE
BY-LAW (5.7)
Moved by Councillor K. Usman
Seconded by Councillor J. Virgilio
That the deputations by the following persons regarding a Town of Markham Pesticide By-law, be received:
Janet May, Pesticide Ontario – in support
Gideon Forman, Canadian Association of
Physicians for the Environment – in support
Gloria Marsh, Chair, York Region
Environmental Alliance – in support
Barbi Lazarus – in support
Lucas Goris – in support
Mary Margaret McMahon – in support
Kyle Tobin, Lawn Savers Plan Health Care, in
support of fair and open dialogue.
CARRIED
(2/3rd vote to consider was
required and obtained)
8. COMMUNICATIONS
Council
consented to add Communications 25-2006 to 30-2006.
Council
consented to refer Communication 25-2006 to staff, the Chief Administrative
Officer, the Commissioner of Community and Fire Services, Deputy Mayor
Scarpitti, Regional Councillor Heath, Councillors Webster and McKelvey and any
other interested Councillors to meet with the Markham Business Improvement Area
(BIA) to resolve issues of concern and report back to Committee.
Moved by
Councillor D. Horchik
Seconded by
Regional Councillor J. Jones
That Council
receive and consent to the disposition of communications in the following
manner:
Received
18-2006 Ontario
Municipal Employees Retirement System (OMERS) - Providing an update on Bill
206, the Ontario Municipal Employees Retirement System Act. (11.0)
Letter
19-2006 Canadian Union
of Public Employees (CUPE) - Requesting support in pressuring federal and
provincial governments to preserve the national child care program and federal
provincial child care agreement on Early Learning and Care - Best Start Plan.
(12.2.6)
Letter
20-2006 City of Kingston
- Forwarding a resolution with respect to requesting Corrections Canada to
reconsider placement of long-time sex and violence related offenders at
Portsmouth Community Correctional Centre and to review applications for long
term supervision orders. (13.5.1)
Letter
21-2006 Communication
from Leslie Wong in opposition to the proposal for a Montessori School, 5002
14th Avenue (10.3) (Clause 5, Report 12, 2006)
Letter
Referred to all Members of Council
22-2006 Liquor Licence
Application - Request to complete the Alcohol and Gaming Commission Municipal
Information Form for Shoeless Joe's Restaurant, 7270 Woodbine Avenue, Suite 102,
Markham (indoor and outdoor). (3.21)
Info
25-2006 Markham Village
Group, The Great Markham Rodeo - Requesting to close the following Streets on
May 6, 2006 to facilitate the Great Markham Rodeo:
a) Main
Street Markham north from Highway 7 to South of Parkway Avenue (6:00 a.m. to
6:00 p.m.)
- Diagonal closure at Main Street Markham and Parkway Avenue/Bullock
Avenue Intersection
b) Access
east from Main Street Markham is closed to
- Centre Street
- Robinson Street
c) Access
west from Main Street Markham is closed to
- Thompson Court
- Dublin Street
- Robinson Street
- Wilson Street
d) Robinson
Street West from Main Street Markham to Water Street
e) Church
Street west of Wooten Way North to Main Street Markham (10:00 a.m. to 1:00
p.m.)
f) Access
onto Church Street is closed to (10:00 a.m. to 1:00 p.m.)
- Bramble Way
- Elm Street
- Maple Street
- Franklin Street
- George Street
- Joseph Street
- Centre Street
g) Highway 7 & Washington Street (10:00
a.m. to 12:00 noon)
- Lane closure west bound right hand curb
lane
h) Access
to Highway 7 closed at
- Washington Street
- Jerman Street
- Albert Street
i) Elm
Street closed north & south (10:00 a.m. to 1:00 p.m.)
j) Parkway
Avenue closed (10:00 a.m. to 1:00 p.m.)
k) Access
onto Parkway Avenue is closed to (10:00 a.m. to 1:00 p.m.)
- Paramount Road
- Strathroy Crescent
- Orchard Street
- George Street (By-law 2006-76) (3.5) Referred to Staff
Info
26-2006 York Region
Environmental Alliance – copy of presentation by Gloria Marsh, Chair, York
Region Environmental Alliance, in support of a Town of Markham Pesticide By-law.
(Report No. 11, Clause 18(20)) (5.7)
Letter
27-2006 South Central
Region Canadian Cancer Society – letter from Bruce Turner, Community Outreach
Consultant, South Central Region Canadian Cancer Society, in support of a Town
of Markham Pesticide By-law. (Report No. 11, Clause 18(20)) (5.7)
Letter
28-2006 Pesticide Free
Ontario – copy of presentation by Janet May, Pesticide Free Ontario, in support
of a Town of Markham Pesticide By-law. (Report No. 11, Clause 18(20)) (5.7)
Letter
29-2006 Letters from the
following persons forwarding support for a Town of Markham Pesticide By-law
(Report No. 11, Clause 18(20)) (5.7):
Golnoush Hassanpour
Constance and Saul Baker
Christopher and Sharon Moore
A. See
Sandra McEleney
Leigha Abergel
The Fiorino Family
Leonard and Wendy Preskow
Jonathan Thiang
Lucas Goris
Letters
Letters
30-2006 Pesticide Free
Ontario – Forwarding the results of a poll taken in October, 2005 on Cosmetic
or Nonessential Lawn Pesticides (Report No. 11, Clause 18(20)) (5.7)
Letter
Referred to Town Solicitor, Commissioners of
Development and Corporate Services
23-2006 Ontario
Municipal Board - Forwarding a Decision from a prehearing conference held on
February 17, 2006 regarding appeals to development charges by-laws as follows:
By-law
2004-223 (Soft Services) - Appeal has been withdrawn.
By-law
2004-247 (Cathedral Area 46) - continue negotiations and hope for a settlement
that could go to Council in March, 2006.
A telephone conference call is set for March 31, 2006 at 10:00 a.m. for
a status report or a settlement hearing.
By-laws
2004-222 (Hard Services), 2004-234 (Markham Centre Area 42B), 2004-242 (Markham
Centre - East Precinct Area 42B-9), 2004-228 (PD 1-7, Area 9), 2004-239
(Markham Centre - South Highway 7 Area 42B-6), 2004-240 (Markham Centre -
Remington Area 42B-7) and 2004-241 (Markham Centre - Sciberras Area 42B-8) - Town
is preparing a new study to review the development charges and hopes to have
the study results and possibly new by-laws before Council in June. This may result in the appeals being resolved.
A prehearing conference is set for July 7, 2006 at 9:00 a.m. to report the status. (13.13 & 7.11)
Letter
Referred to Town Clerk
24-2006 Markham Rotary
Sunrise – Forwarding a request for financial support, services in kind, and
exemptions from the Noise By-law and the Sign By-law with respect to the annual
Ribfest event to be held on July 7-9, 2006 at Markham Fairgrounds. (2.10)
Letter
CARRIED
9. PROCLAMATION
(1) PROCLAMATIONS
(3.4)
Moved by
Councillor K. Usman
Seconded by
Councillor J. Virgilio
That the
following be proclaimed in the Town of Markham:
- National
Volunteer Week - April 23 to 29, 2006
- Missing
Children's Day - May 25, 2006
- Green Ribbon
of Hope Month - May 2006
- India's
Independence Day - August 15, 2006
And that the Corporate Communications Department be
requested to publish the proclamation of "National Volunteer Week" in
the Markham Economist and Sun;
And that the week of March 20 to 26, 2006 being proclaimed as
"Kids Help Phone Week" be confirmed;
And that a Flag Raising Ceremony for India's
Independence Day be held at the Markham Civic Centre on August 20, 2006 between 10:00 a.m. and 4:00 p.m.
CARRIED
10. BY-LAWS
Council
consented to add By-law 2006-76.
Council
consented to separate By-laws 2006-68 and 2006-71 and to withdraw By-law
2005-76.
Moved by
Councillor K. Usman
Seconded by
Councillor A. Chiu
That By-laws 2006-64
to 2006-75 be given three readings and enacted.
Three Readings
BY-LAW 2006-64 A by-law to establish streets as public highway (Cedarland
Properties Limited, Part of Lot 3, Concession 5, Parts 1, 2 and 3, Plan
65R-14545 - Gorvette Drive).
(Clause 3, Report No. 12, 2006)
BY-LAW 2006-65 A by-law to amend Zoning By-law 90-81, as amended (1191373 Ontario
Inc. (Giant Tiger), 7200 Markham Road - To permit a general merchandise
department store).
(Clause 7, Report No. 12, 2006)
BY-LAW 2006-66 A by-law to dedicate certain lands as part of the highways of
the Town of Markham (Part of Block 1, Plan 65M-2682, designated as Part 1, Plan
65R-16928 - Bodrington Court).
BY-LAW 2006-67 A by-law to dedicate certain lands as part of the highways of
the Town of Markham (Block 128, Plan 65M-3295 - Lane BB).
BY-LAW 2006-68 A by-law to amend Zoning By-law 151-75, as amended (Rodeo Fine
Homes, 12, 14 and 16 McKelvey Drive - To remove (H) Hold provision to permit
the construction of three residential dwellings).
CARRIED
(Councillor
J. Virgilio abstained)
BY-LAW 2006-69 A by-law to dedicate certain lands as part of the highways of
the Town of Markham (Part of Lots 8 and 9, Concession 5, designated as Parts 2,
3, 4, 17, 21, 24 and 29, Plan 65R-27985 - Enterprise Boulevard).
BY-LAW 2006-70 A by-law to dedicate certain lands as part of the highways of
the Town of Markham (Part of Lots 8 and 9, Concession 5, designated as Parts 1
and 2, Plan 65R-27018 - Enterprise Boulevard, Parts 3, 11, 16, 17, 18 and 51,
Plan 65R-27018 - Rivis Road).
BY-LAW 2006-71 A by-law to designate part of a certain plan of subdivision not
subject to Part Lot Control (Kindwin Markham Limited, Blocks 1, 2, 3, 4, 5 and 6,
Plan 65M-3863).
CARRIED
(Councillor J. Virgilio abstained)
BY-LAW 2006-72 A by-law to repeal By-law 266-90, a by-law to adopt Official
Plan Amendment No. 99 (Unionville Core Area Secondary Plan).
BY-LAW 2006-73 A by-law to repeal By-law 157-97, a by-law to adopt Official
Plan Amendment No. 50 (Jordon Investments Limited, 6-8 Station Lane,
Unionville).
BY-LAW 2006-74 A by-law to repeal By-law 26-98, a by-law to adopt Official
Plan Amendment No. 62 (Richard and Jinny Talbot, 10 Station Lane, Unionville).
BY-LAW 2006-75 A by-law to confirm the proceedings of the Council meeting of
March 21, 2006.
(Council Meeting No. 6, 2006)
BY-LAW 2006-76 A by-law to authorize the temporary closure of various roads in
Main Street Markham on May 6, 2006 to facilitate the Great Markham Rodeo.
(Communication No. 25-2006)
WITHDRAWN
CARRIED
11. ADJOURNMENT
Moved by Councillor A. Chiu
Seconded by Regional Councillor B. O'Donnell
That the meeting do adjourn.
CARRIED
Council
adjourned at 10:43 p.m.
__________________________________ ___________________________________
SHEILA
BIRRELL, TOWN CLERK DON
COUSENS, MAYOR
(Signed)