2004-6-8
COUNCIL MINUTES Council Chamber, Civic Centre
Meeting
No. 13
(Canada
Room)
COMMITTEE
OF THE WHOLE
ROLL
CALL
Mayor D.
Cousens, Deputy Mayor F. Scarpitti, Regional Councillor J. Heath, Regional
Councillor J. Jones, Councillor E. Shapero, Councillor J. Virgilio (5:40 p.m.),
Councillor G. McKelvey, Councillor J. Webster, Councillor D. Horchik,
Councillor K. Usman, Councillor A. Chiu. (11)
Regrets
Regional
Councillor B. O'Donnell, Councillor S. Daurio. (2)
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) Firefighters
Bargaining Update (11.6)
(2) C.U.P.E.
Bargaining Update (11.0)
(3) Conveyance
of Land to YMCA of Greater Toronto - 7996-7998 Kennedy Road (8.1)
(4) In
Camera Items from Development Services Committee (June 1, 2004)
Appeals to Official Plan Amendment No.
116 Rouge North Management Area (10.3, 8.0)
(5) 2004
Advisory Committee/Board Appointments (16.24)
(6) Association
of Municipalities of Ontario 2004 Annual Conference (13.12.2 & 11.12)
(7) Licensing
Hearing "Spa on the Valley" 7240 Woodbine Avenue, Unit 102, Markham
(2.0)
(8) Hydro
One Task Force (13.8)
CARRIED
The Regular
Meeting of Council was held on June 8, 2004 at 7:00 p.m. in the Council
Chamber, Civic Centre. Mayor D. Cousens
presided.
(Council
Chambers)
COUNCIL
ROLL
CALL
Mayor D.
Cousens, Deputy Mayor F. Scarpitti, Regional Councillor J. Heath, Regional
Councillor J. Jones, Councillor E. Shapero, Councillor J. Virgilio, Councillor
G. McKelvey, Councillor J. Webster, Councillor D. Horchik, Councillor K. Usman,
Councillor A. Chiu. (11)
Regrets
Regional
Councillor B. O'Donnell, Councillor S. Daurio. (2)
STAFF
J. Livey,
Chief Administrative Officer
J. Baird,
Commissioner of Development Services
S. Birrell,
Town Clerk
C. Conrad,
Town Solicitor
B. Cribbett,
Treasurer
P. Miller,
Manager, Secretariat Services
B. Nanninga,
Executive Assistant
J. Sales,
Commissioner of Community & Fire Services
A. Taylor,
Commissioner of Corporate Services
1. DISCLOSURE OF PECUNIARY INTEREST
None declared.
2. REPORT OF THE COMMITTEE OF THE WHOLE
Moved by
Councillor J. Webster
Seconded by
Regional Councillor J. Jones
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) FIREFIGHTERS
BARGAINING UPDATE (11.6)
That
the update provided by Ross Dunsmore, Hicks Morley Barristers and Solicitors,
regarding Firefighters bargaining to date, be received.
(2) C.U.P.E.
BARGAINING UPDATE (11.0)
That
the update provided by the Manager Employee Relations regarding C.U.P.E.
bargaining to date, be received.
(3) CONVEYANCE
OF LAND TO YMCA
OF GREATER TORONTO
7996-7998 KENNEDY ROAD (8.1)
That the Mayor and Clerk
be authorized to execute an Agreement of Purchase and Sale and Facility
Construction, Use and Disposition Agreement, and any other documents required
to give effect thereto, in a form satisfactory to the Town Solicitor and the
Chief Administrative Officer, for the conveyance of 7796-7798 Kennedy Road to
the YMCA of Greater Toronto;
That Town staff be
authorized to take such action as necessary to effect the closing of the above
transaction;
That the Town contribute
one-third of the cost of the new YMCA facility planned for Markham Centre, to a
maximum of $6,000,000.00 including land;
That the sources of
funding for the non-land portion of the Town’s contribution be as follows:
·
For the
growth related portion of the cost attributable to 20,000 square feet of
community centre space, from Development Charges Reserves;
·
For the
non-growth related portion of the cost attributable to 20,000 square feet of
community centre space, from the Town’s General Capital Reserve;
·
For the
repayment of charges, fees and levies paid by the YMCA for planning and
construction approvals by municipal grant, from the Corporate Rate
Stabilization Reserve.
That an exemption of
one-third of the development charges otherwise payable for land or building used
for municipal purposes, be provided, in accordance with subsection 3(2) of the
development charges by-laws; and
That the YMCA be permitted to hold its sod
turning ceremony on the YMCA Site on Monday, June 14th, 2004,
including site preparation, subject to approval of and on terms satisfactory to
the Town Solicitor.
(4) IN
CAMERA ITEMS FROM DEVELOPMENT
SERVICES COMMITTEE (June 1, 2004)
APPEALS TO OFFICIAL PLAN AMENDMENT NO.
116
ROUGE NORTH MANAGEMENT AREA (10.3, 8.0)
That the confidential staff report entitled
"Appeals to Official Plan Amendment No. 116 (Rouge North Management
Area)", dated June 1, 2004, be received;
And that staff be authorized to meet with the
appellants to scope the issues and review opportunities to negotiate a
settlement regarding the Ontario Municipal Board appeals;
And that staff be authorized to retain a
facilitation consultant to scope the issues and report back to Council;
And that staff be authorized to retain
environmental and planning consultants from the OMB Growth Related Hearings
Account #8053996263005, and if required, a solicitor to defend the Amendment
before the OMB;
And further that the Toronto and Region
Conservation Authority, the Ministry of Natural Resources, Region of York and
Rouge Park Alliance and all municipal governments on the Rouge Park Alliance,
including the City of Toronto, be requested to support the Town in the defense
of the Rouge North Management Area Amendment at the OMB.
Moved by Deputy Mayor F. Scarpitti
Seconded by Councillor A. Chiu
That the Report of the Committee of the Whole
be adopted, approved and confirmed.
CARRIED
3. MINUTES
(1) COUNCIL
MEETING
- MAY 25, 2004
Moved by
Councillor A. Chiu
Seconded by
Councillor K. Usman
That the
Minutes of the Council Meeting held on May 25, 2004, be adopted.
CARRIED
4. PRESENTATIONS
Council
consented to add Presentation (3).
(1) FEDERATION
OF ONTARIO NATURALISTS AWARD
- LEE SYMMES AWARD (12.2.6)
Council was
presented with the Federation of Ontario Naturalist Lee Symmes Municipal Award
for the Rouge North Management Area Official Plan Amendment. The award recognizes community leadership and
exceptional achievement in planning or implementing programs that protect and
regenerate the natural environment within a community.
(2) MARKHAM
ADVISORY COMMITTEE ON ACCESSIBILITY
- PRESENTATION OF SERVICE
APPRECIATION CERTIFICATE (12.2.6)
Council
presented a certificate of appreciation to Ms. Barbara Howe in recognition of
her contribution as a volunteer on the Markham Advisory Committee on Accessibility. Mr. Bob Hunn, Chair, Markham Advisory
Committee on Accessibility was in attendance.
(3) TREE
CANADA FOUNDATION CARBON CERTIFICATE (12.2.6)
Mayor
D. Cousens advised of the planting of two trees by the Tree Canada Foundation
to offset the Town of Markham's travel to the Federation of Canadian
Municipalities' Annual Conference on May 27, 2004. At age eighty, these trees will have offset
the 642.59 kilograms of CO2 produced to attend the event.
5. DELEGATIONS
Council
consented to add Delegation (1).
(1) Paul
Cicchini, Duchess of Markham - to request a temporary expansion of his rear
patio area and an extension of business hours from 11:00 p.m. to 2:00 a.m. on
June 18 and 19, 2004 for the Markham Village Festival. (3.21)
6. PETITIONS
Council consented to add Petition
(1).
(1) HYDRO
ONE TRANSMISSION LINE
(PARKWAY TS TO ARMITAGE TS)
CLASS ENVIRONMENTAL ASSESSMENT
PROCESS (13.8)
Petition signed by 468 residents in opposition to the Hydro One
Transmission Line proposal as follows:
"Re: Proposed New
Transmission Line Project from
Parkway Transformer Station in Markham to Northern York Region
I am a current resident of the Town of
Markham and I strongly oppose the above Project.
If such a Project is approved and proceeds,
my family and I would be subjected to potentially greater health risks, as well
as the adverse financial impact associated with depressed property value of
homes situated near higher voltage transmission lines and taller hydro towers. There would also be real and significant
mental and psychological burden on each member of my family that we must bear
every moment of every day so long as we continue to live under such
objectionable conditions.
I demand that the subject Project be stopped
and that the property rights of the residents of Markham, as well as our right
to reasonable use and enjoyment of our homes and the environment be respected
and upheld."
RECEIVED AND REFERRED
TO ALL MEMBERS OF COUNCIL
7(a) REPORT NO. 32 - FINANCE &
ADMINISTRATIVE COMMITTEE
Moved by
Councillor K. Usman
Seconded by
Councillor E. Shapero
That Report
No. 32 - Finance & Administrative Committee be received and adopted.
June 1, 2004
(1) EDEN OAK (UNIONVILLE) INC., RELEASE AND
ABANDONMENT OF STORM AND
SANITARY
SEWER EASEMENTS - PART OF LOT
8, CONCESSION 6,
DESIGNATED AS PARTS, 4, 5
& 6, PLAN 65R-25207 (8.1) Weblink
That
a by-law be enacted authorizing the Mayor and Clerk to execute a release and
abandonment of a storm and sanitary sewer easement over lands legally described
as Part of Lot 8, Concession 6, designated as Parts 4, 5 and 6, Plan 65R-25207,
in a form satisfactory to the Town Solicitor.
(By-law
2004-137)
(2) TERMS OF REFERENCE – INFORMATION
TECHNOLOGY SUB-COMMITTEE (7.13
& 16.34) Weblink
That
the Terms of Reference for the Information Technology Sub-Committee be endorsed
and approved.
(3) ASSOCIATION OF MUNICIPALITIES OF ONTARIO
2004 ANNUAL CONFERENCE
(13.12.2 & 11.12) Weblink
That
the Report entitled "AMO 2004 Annual Conference" dated June 1, 2004
be received;
And
that the information regarding Association of Municipalities of Ontario's (AMO)
Annual Conference, being held August 22nd to 25th, 2004 at the Congress Centre
in Ottawa, Ontario, be received;
And
that Members of Council wishing to attend the AMO Conference with overnight
accommodation advise the Finance and Administrative Committee;
And
that Council approve the attendance of these Members of Council at the Annual
Conference of the Association of Municipalities of Ontario, August 22nd to
25th, with authorized expenses to be paid in accordance with Town Policy;
And
that any Member of Council wishing to attend the AMO Conference without
overnight accommodations be free to do so in accordance with the Town's
Business Expense and Conferences Policy.
(4) CANCELLATION, REDUCTION OR REFUND OF
TAXES
UNDER SECTIONS 357 AND 358 OF
THE
MUNICIPAL ACT, 2001 (7.3) Weblink
That
residential taxes totalling $87,314.80 be adjusted under Section 357 (in the
amount of $38,432.88) and Section 358 (in the amount of $48,881.92) of the
Municipal Act, 2001 of which the Town's portion is estimated to be $21,138.08;
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.
(5) CREATION OF A MARKHAM HISTORY - RESEARCH
AND PUBLICATION TRUST FUND
(7.0 & 6.7 & 12.2.6)
That
the report entitled "Creation of a Markham History - Research and
Publication Trust Fund" be received;
And
that Council approve the creation of a Markham History - Research and
Publication Trust Fund under the administration of the Town of Markham to
receive the funds;
And
that the Markham History Research and Publication Trust Fund Advisory Committee
be established;
And
further that Council approve terms of reference for administration of the
above-named Advisory Committee as set out in Appendix A, (attached to the
original Council Minutes in the Clerk's Office).
(6) TENDER AWARD - 015-T-04 REPLACEMENT
OF CURB BOX AND OPERATING ROD
BY
VACUUM EXCAVATION METHOD
(7.12.1 & 5.4) Weblink
That
the report entitled "Tender Award - Replacement of Curb Box &
Operating Rod by Vacuum Excavation Method" be received;
And
that tender 015-T-04 Replacement of Curb Box & Operating Rod by Vacuum
Excavation Method be awarded to Nu-Tech Water Box Repairs Ltd., the third
lowest acceptable bidder in their unit price totalling an estimated $361,927.50
inclusive of 7% GST ($338,250.00 exclusive of GST) for a period of three years
effective June 1, 2004 with an option to renew for two additional years;
And
that the 2004 expenditures, estimated at $112,750.00 exclusive of GST, be
charged to Waterworks Operating Accounts 760 111 5300, 760 211 5300 and Capital
Account 53-6150-6014-005;
And
that the following 2005-2006 estimated costs estimated at $225,500.00 exclusive
of GST, be provided for within the respective years' budget submission for the
Waterworks Department:
- 2005 $112,750.00
- 2006 $112,750.00
And
further that the Director of Operations and Asset Management and the Director
of Financial & Client Services be authorized to extend the contract for an
additional one year at the same prices, terms and conditions.
(7) OTHER COMMITTEE PROCEEDINGS
- MINUTES OF FINANCE &
ADMINISTRATIVE
COMMITTEE MEETING – JUNE 1,
2004 (16.0) weblink
CARRIED
7(b) REPORT NO. 33 - DEVELOPMENT SERVICES
COMMITTEE
Council consented to separate Clause (6).
Moved by Councillor G. McKelvey
Seconded by Councillor A. Chiu
That Report No. 33 - Development Services
Committee be received and adopted.
June 1, 2004
(1) NOVAPHARM
LIMITED, 575 HOOD ROAD AND 7500 WARDEN AVE.
LOT 16, PLAN M-1812 AND LOT 35, PLAN M-1807
BUILDING CODE ACT REQUIREMENTS (SC 03117169)(10.6) Weblink
That Council enact a bylaw to designate Lot 16, Plan M-1812
and Lot 35, Plan M-1807, Town of Markham, which shall be deemed not to be a
registered plan of subdivision and that staff take appropriate action as
required under Section 50 of the Planning
Act.
(By-law 2004-138)
(2) CRANFORD DEVELOPMENTS LTD. (9982 HIGHWAY 48)
S/W CORNER OF HIGHWAY 48 AND MAJOR MACKENZIE DR. E.
WISMER COMMONS COMMUNITY
ZONING BY-LAW AMENDMENT FOR PROPOSED COMMERCIAL DEVELOPMENT (ZA 03 111893)
(10.5) Weblink
That the Record of Public Meeting held on September 23,
2003 regarding the zoning by-law amendment application (ZA 03 111893),
submitted by Cranford Developments Ltd. to permit a proposed commercial
development at the southwest corner of Highway 48 and Major Mackenzie Drive
East, be received;
And that zoning by-law amendment application (ZA 03
111893) to amend By-laws 304-87, as amended, and 177-96, as amended, submitted
by Cranford Developments Inc., for a proposed commercial development at the
southwest corner of Highway 48 and Major Mackenzie Drive East, be approved and
the draft Zoning By-law amendments be enacted;
And that Hold provisions be
incorporated in the Zoning By-law until a site plan application has been
received;
And that the Province of Ontario be advised that the
Town of Markham supports the application by Cranford Developments Ltd. to amend
Ontario Regulation 104/72 of the Provincial Minister’s Order for the Pickering
Airport in the Town of Markham deleting a portion of the surplus lands
resulting from the jog elimination of Major Mackenzie Drive East at Highway 48
and described as Part of Lot 21, Concession VII.
(By-laws
2004-139 and 2004-140)
(3) FOREST BAY HOMES LTD, NORTHWEST CORNER
OF MARKHAM ROAD AND DENISON STREET
OFFICIAL PLAN, REZONING AND SITE PLAN APPLICATIONS
TO PERMIT A GAS STATION AND DRIVE-THROUGH RESTAURANT
(OP 03-116661, ZA 03-116653, SC 03-116663)
(10.3, 10.5, 10.6) Weblink
That the Official Plan amendment application (OP 03-116661) submitted by Forest Bay
Homes Ltd. for lands at the northwest corner of Markham Road and Denison
Street, be approved and the draft Official Plan amendment be finalized and
adopted;
And that the draft Zoning By-law to exempt the lands subject to zoning
amendment application ZA.03-116653 from Interim Control By-law
2002-215, as amended, be enacted;
And that the zoning by-law amendment application (ZA. 03-116653) to amend By-law 90-81 as amended, submitted by
Forest Bay Homes Ltd. to permit a gas station and drive-through restaurant at
the northwest corner of Markham Road and Denison Street, be approved and the
draft Zoning By-law, be finalized and enacted;
And that the Site Plan application (SC.
03-116663) submitted by Forest Bay Homes Ltd. to permit a gas station
and drive-through restaurant at the northwest corner of Markham Road and
Denison Street, be approved subject to the following conditions:
1. That the final site plan and elevation
drawings be submitted to the satisfaction of the Commissioner of Development
Services, including following
revisions:
a.
the deletion of the “wrap-around” drive-through lane on the east side of
the restaurant parallel to Markham Road, or alternatively, the provision of an
upgraded landscaping treatment (including a combination of planting, berming, and decorative fencing
and paving) to screen
the drive-through lane;
b.
the inclusion of the full-moves access from Markham Road within the site
plan area;
c.
upgraded building elements, particularly with respect to rooflines and
glazing, as part of an enhanced gateway treatment;
d.
any revisions required to implement the recommendations of the required
traffic impact study, noise study and stormwater management study.
2.
That a Landscape Plan, prepared by a Landscape
Architect having O.A.L.A. membership, be submitted to the satisfaction of the
Commissioner of Development Services, and
such drawing shall include an upgraded landscape gateway treatment at the
northwest corner of the intersection of Denison Street and Markham Road,
extending along the length of the Markham Road and Denison Street frontages;
3.
That the Owner comply with all requirements of
the Town and authorized public agencies, to the satisfaction of the
Commissioner of Development Services, including fulfillment of the conditions
of draft approval for plan of subdivision 19T-89126, as they pertain to Block
554;
4.
That the Owner enter into a site plan agreement
with the Town, containing all standard and special provisions and requirements
of the Town and public agencies including the following:
a.
Provision for the payment by the Owner of all
applicable fees, recoveries, development charges, parkland dedications and
financial obligations related to applicable Developers Group Agreements;
b.
Submission of a noise study and implementation of any recommended
mitigation measures to the satisfaction of the Town;
c.
Screening of lighting from the gas station to mitigate its impact on
existing residential development;
d.
Submission of a traffic impact study, including lane redesign at the
Denison Street intersection and implementation of the design, including
conveyance of any required road widenings, to the satisfaction of the Town;
e.
Submission of a stormwater management report identifying storm drainage
design for the proposed development and any required revisions to the Storm
Drainage
f.
Plan and Overland Flow Plan for the subdivision (19T-89126) to the
satisfaction of the Town;
g.
Conveyance of any
additional required drainage easements identified in the stormwater management
report; and
h.
Provision for contribution toward future
landscape and median improvements along Markham Road in keeping with planned
Regional improvements and the recommendations of the Markham Road Corridor
Study regarding the creation of an urban streetscape (e.g., sidewalks,
landscaping, paving, etc).
5.
And that the site
plan approval shall lapse after a period of three years commencing June 1, 2004
in the event a site plan agreement is not executed within that period.
(4) MICHAEL AND ROSE VISCONTI
14 VICTORIA STREET, LOTS 18 AND 19, PLAN 184, MARKHAM
SEPTIC SYSTEM - BUILDING CODE ACT REQUIREMENTS
LEGAL FILE NO. 04 0425 PS 0107 (10.13,
8.0) Weblink
That
Council enact a bylaw to designate Lots 18 and 19, Plan 184, Town of Markham,
which shall be deemed not to be a registered plan of subdivision and that staff
take appropriate action as required under Section 50 of the Planning Act.
(By-law 2004-141)
(5) COMMERCIAL FAÇADE IMPROVEMENT GRANT PROGRAM
AND COMMERCIAL SIGNAGE REPLACEMENT GRANT PROGRAM
(10.0) Weblink
That the Commercial Façade Improvement Grant Program,
be approved;
And that the Commercial Signage Replacement Grant
Program, be approved;
And that the programs be publicized by the following
means:
- forwarding copies of the programs to the Markham
Village and Unionville BIAs,
- advertising the availability of the programs on
the Town of Markham Page in the Economist and Sun newspaper and on the
Markham web site, and
- forwarding copies of the programs to commercial
property owners in the heritage districts;
And
that the programs be funded through the Development Services Capital Account
for Façade Improvement Program (80-530-3510-005) and the Development Services
Capital Account for Sign Replacement Program (80-530-3511-005).
CARRIED
(6) HYDRO ONE TRANSMISSION LINE
(PARKWAY TS TO ARMITAGE TS)
CLASS ENVIRONMENTAL ASSESSMENT
PROCESS (13.8) Weblink
That written submissions from Sue Fusco, Kathy Kan,
STOP Steering Committee, Terrence Wong, Paul and Silvia Scarcello, Christine
Mo, Ricky Chow, Dr. Shawn Seit, Ian and Jacqueline Strong, Sherrill Burns and
Michael Kusner, Ka-Hoi Hadley Wong and Lisa Lee, Raman Patel, the petition with
94 signatures in objection received on May 26, 2004, Enza Stefanovic and Paul
Lim-Hing in opposition to the Hydro One Electrical Supply Proposal, be received;
And that deputations by Susan Fusco, Asim Bhatti, Wanda
Lee, Mary Alexandridis, Ariana Soltys, Domenica Violante, Paul Kahlnert, Thomas
Qu, Prof. Mike Kusnor, Katherine Kan, Krisha Raveendran, Carmen D’Paula, Robert
Carter, Chin Wong, John Schindler, Ricky Tang, Michelle Falco, Don McNabb,
Varatha Govi, Rose Larosa and Shahira Boulos in opposition to the Hydro One
Electrical Supply Proposal, be received;
And that the Development Services Commission
report dated June 1, 2004, entitled “Preliminary
Comments on the Hydro One Electrical Supply Proposal (Parkway Belt Transmission Corridor, north to
northern York Region) under the Class Environmental Assessment Process”,
be received and endorsed;
And that Hydro One be advised that the
Council of the Town of Markham is adamantly opposed to the possible routing
option under consideration in the Town of Markham, and requires that Hydro One
discontinue any further consideration of the possible routing option in the
Town of Markham;
And that the following actions be undertaken
by Hydro One prior to its determination of a preferred alternative:
1. That Hydro One undertake, as part of the Class Environmental
Assessment Process, a fully documented identification and assessment of all
possible routes and options for expanded power transmission capacity to
northern York Region, including the use of other transmission corridors
supplying northern York Region, the use of existing and proposed Ministry of
Transportation corridors such as Highway’s 404, 400 and future 427, pursuing
new corridors on rural lands, and any other viable alternatives;
2. That Hydro One, in evaluating all alternatives, give greater consideration to environmental,
social and economic impacts on existing and
future urban areas and established and future residential communities, including schools adjacent to
and in close proximity to the proposed transmission lines, and a lesser
consideration to the factor of cost;
3. That Hydro One, in considering any alternatives within existing
urban areas, undertake further detailed analysis relating to:
a)
A full inventory
and assessment of natural features and
wildlife corridors and
functions that would be potentially affected by construction activities and
transmission corridor operations and relationship to adjacent urban
development;
b) An assessment of the impact of the proposal on the intended use of
the Hydro One transmission corridor for a future trail system activity linkages
within urban areas;
c) An assessment of the visual impact of the power transmission towers
in an established urban environment, including an assessment of the potential economic impact on homeowners
and the loss of enjoyment of residential
yards that are in proximity to the hydro corridors;
d) Review, with Transport Canada, the compliance of tower transmission
heights with respect to Transport Canada Airport zoning regulations ;
e) Provide information on the effects of electromagnetic fields on
human health; disclose the relative EMF strength emanating from the proposed
230 kV line; undertake a health risk assessment of the proposal in relation to
adjacent urban land uses, in particular residential uses, schools and parks;
and, identify mitigating measures that would ensure that any proposed changes
in transmission capacity will not increase the public’s exposure to
electromagnetic fields.
And that the
Town Clerk forward a copy of this report, Council’s resolution, and all public
submissions received by the Town of Markham, to Hydro One, and request that the
Town be added to the project’s contact list;
And that the
Town Clerk forward a copy of Council's resolution and all public submissions
received by the Town of Markham, to the Premier of Ontario, the Minister of the
Environment, the Minister of Energy, Markham Area MPPs Tony Wong, Frank Klees
and Mario Racco, the Ontario Energy Board, the Region of York, the York Region
District School Board, the York Catholic District School Board, the Minister of Health & Long-Term
Care, the Independent Electricity Market Operator, the Ministry of Municipal
Affairs and Housing, the
Clerks and Councils of the Towns of Aurora, Newmarket, Richmond Hill
and Whitchurch-Stouffville, King and the City of Vaughan;
And that the
York Region Medical Officer of Health be requested to comment on the health
issues related to electromagnetic fields (EMFs);
And that Mayor
D. Cousens or Deputy Mayor F. Scarpitti
meet with the President of Hydro One and the Minister of Energy, the Minister of the Environment and the
Minister of Health and Long-Term Care;
And that the Town engage a consultant(s) to
provide legal and technical expertise in support of the Town's opposition to
the routing option through Markham and that staff report back on the particulars
of engaging the consultant(s);
And that staff
be authorized and directed, in
the event that Hydro One decides to proceed with Alternative 1 routing through
Markham, to request a “bump up” to an individual Environmental Assessment;
And that a
Task Force be formed, consisting of Mayor D. Cousens, Deputy Mayor F. Scarpitti,
Regional Councillor J. Heath, Councillor
D. Horchik, Councillor K. Usman, members of STOP, and Councillors and residents
of the Town of Aurora.
And that a "warning" clause be included in all future
subdivision agreements for new subdivisions that abut Hydro One corridors or
facilities in the Town of Markham;
And that a copy of the report be forwarded to the Mayor and Clerk of
the Town of Aurora with the offer for Markham staff to attend and present at a
Town of Aurora Council meeting;
And that staff be authorized to make a similar presentation as the one
given at the Town of Markham to the Region of York at its Planning Committee
meeting scheduled to be held on June 16, 2004;
And that the Town of Aurora and the Region of York be requested to
endorse this recommendation.
YEAS: Mayor
D. Cousens, Deputy Mayor F. Scarpitti, Regional Councillor J. Heath, Regional
Councillor J. Jones, Councillor E. Shapero, Councillor J. Virgilio, Councillor
G. McKelvey, Councillor J. Webster, Councillor D. Horchik, Councillor K. Usman,
Councillor A. Chiu. (11)
ABSENT: Regional
Councillor B. O'Donnell, Councillor S. Daurio. (2)
"And that a "warning" clause be
included in all future subdivision agreements for new subdivisions that abut
Hydro One corridors or facilities in the Town of Markham;"
CARRIED
Moved by Deputy Mayor F. Scarpitti
Seconded by Councillor D. Horchik
That
Report No. 33, Clause (6) be amended to add the following as paragraph 14:
"And that a copy of the report be forwarded to
the Mayor and Clerk of the Town of Aurora with the offer for Markham staff to
attend and present at a Town of Aurora Council meeting;"
CARRIED
Moved by Deputy Mayor F. Scarpitti
Seconded by Regional Councillor J. Jones
That
Report No. 33, Clause (6) be amended to add the following as paragraph 15:
"And that staff be authorized to make a
similar presentation as the one given at the Town of Markham to the Region of
York at its Planning Committee meeting scheduled to be held on June 16,
2004;"
CARRIED
Moved by Deputy Mayor F. Scarpitti
Seconded by Councillor E. Shapero
That
Report No. 33, Clause (6) be amended to add the following as paragraph 16:
"And that the Town of Aurora and the Region of
York be requested to endorse this recommendation."
CARRIED
(7) OTHER COMMITTEE PROCEEDINGS
- MINUTES OF DEVELOPMENT
SERVICES
COMMITTEE MEETING – JUNE 1,
2004 (16.0) weblink
CARRIED
7(c) REPORT NO. 34 - COMMUNITY SERVICES &
ENVIRONMENT COMMITTEE
Council
consented to add Report No. 34 - Community Services & Environment
Committee.
Council
consented to separate Clause (1).
Moved by
Councillor A. Chiu
Seconded by
Regional Councillor J. Jones
That Report
No. 34 - Community Services & Environment Committee be received and
adopted.
June 7, 2004
(1) COMMUNITIES IN BLOOM (3.0, 6.0)
That, as soon as possible, staff convene a public meeting involving all
parties interested in volunteering to work on, and in association with, a
Communities in Bloom Steering Committee;
And that in the meantime, staff develop a strategy for providing the
means to enable the Town of Markham to participate in the Communities in Bloom
program;
And that staff report back to Council, as soon as possible, on the
feedback from the public meeting, and with details relating to the
implementation strategy;
And that staff
provide a supplementary report on other possible initiatives.
CARRIED AS AMENDED
(See following motion to amend)
"And that staff provide a supplementary report on other possible
initiatives."
CARRIED
8. MOTIONS
Council consented
to add Motions (1) and (2).
(1) DUCHESS
OF MARKHAM, 53 MAIN STREET MARKHAM NORTH
REQUEST FOR TEMPORARY
EXPANSION OF PATIO (3.21)
Moved by Deputy Mayor F. Scarpitti
Seconded by Regional Councillor J. Jones
That approval be granted for the Duchess of Markham, 53 Main Street
Markham North, to temporarily expand the capacity of the rear patio of the
premises from 70 to 140 persons, subject to all necessary documentation being
provided, all approvals of staff being obtained and with the proviso this action
is consistent with what is permitted for other pubs on Main Street Markham on
June 18 and 19, 2004.
CARRIED AS AMENDED
(See following motion to amend)
(2/3rd vote to consider was
required and obtained)
Moved by
Councillor G. McKelvey
Seconded by Councillor
J. Webster
That the motion moved by Deputy Mayor F. Scarpitti, seconded by
Regional Councillor J. Jones be amended to add the following:
"... and with the proviso this action is consistent with what is
permitted for other pubs on Main Street Markham on June 18 and 19, 2004."
CARRIED
(2) PROPOSED
SOCCER CENTRE (6.10)
Moved by Councillor K. Usman
Seconded by Regional Councillor J. Jones
That the information regarding a proposed soccer centre in the Town of
Markham be received and referred to staff to report back on the proposal as
soon as possible.
CARRIED
(2/3rd vote to consider was
required and obtained)
9. COMMUNICATIONS
Council
consented to add Communications 81-2004 to 83-2004
Council
consented to separate Communications 79-2004 and 80-2004.
Moved by
Councillor A. Chiu
Seconded by
Councillor K. Usman
That Council
receive and consent to the disposition of communications in the following
manner:
Received
76-2004 Ontario
Wildlife Coalition - Forwarding concerns regarding the direction of the Ontario
Ministry of Natural Resources raccoon rabies programme, specifically the
killing of healthy wild animals in the Ministry's point infection control.
(13.2)
77-2004 Region
of York - Forwarding information regarding the 2004 Quality of Life Reporting
System Highlights Report for the Federation of Canadian Municipalities. (13.4)
Referred to all Members of Council
78-2004 Liquor
Licence Application - Request to complete the Alcohol and Gaming Commission
Municipal Information Form for Sports Nut Bar & Grill, 7335 Yonge Street
(indoor & outdoor). (3.21)
CARRIED
Referred to Markham Safe Streets, Special
Constable Review Committees & Staff to review Region statistics &
costs.
79-2004 Region
of York - Forwarding an update of the status of the Province of Ontario's Red
Light Camera Pilot Project and information regarding the associated costs with
the potential implementation of a red light camera program. (13.4)
CARRIED
Referred to Commissioner of Community &
Fire Services & to Environmental Issues Committee
80-2004 City
of Toronto - Forwarding information with respect to the "Green Fleet
Transition Plan 2004-2007". (13.5.2)
CARRIED
Referred to Commissioner of Development
Services
81-2004 Sherrill
Burns & Michael Kusner - Forwarding letters dated May 26, 2004 to express
opposition to the Hydro One Electrical Proposal. (13.8)
(Clause 6, Report No. 33, 2004)
82-2004 Michael
A. Cole - Forwarding opposition to the Hydro One Electrical Proposal. (13.8)
(Clause 6, Report No. 33, 2004)
83-2004 Angie
Hardy - Forwarding opposition to the Hydro One Electrical Proposal. (13.8)
(Clause 6, Report No. 33, 2004)
CARRIED
10. PROCLAMATION
Council
consented to add proclamations regarding Anna Jennings Day, Ahmadiyya Day,
Pakistan Independence Day, and India Independence Day.
Moved by
Councillor K. Usman
Seconded by
Councillor A. Chiu
(1) PROCLAMATIONS (3.4)
That the
following be proclaimed in the Town of Markham:
- June, 2004 -
Elder Abuse Awareness Month.
- June, 2004 -
Spina Bifida and Hydrocephalus Awareness Month.
- June 25, 2004 - Anna Jennings Day
- July 4, 2004 - Ahmadiyya Day
- August 14, 2004 - Pakistan Independence Day
- August 15, 2004 - India Independence Day
And that the Corporate Communications Department be requested to
publish the proclamation of the "Anna Jennings Day", "Ahmadiyya
Day" and "Pakistan Independence Day" in the Markham Economist
and Sun
And that the flag of Pakistan be flown at the Markham Civic Centre on
August 14, 2004;
And that a Flag-Raising Ceremony be held at the Markham Civic Centre on
August 15, 2004 from 10:00 a.m. to 12 Noon for India Independence Day.
CARRIED AS AMENDED
(See following motion to amend)
Moved by Councillor K. Usman
Seconded by Deputy Mayor F. Scarpitti
That the proclamations be amended to add the
following:
"- June 25, 2004 - Anna
Jennings Day
- July 4, 2004 - Ahmadiyya Day
- August 14, 2004 - Pakistan
Independence Day
- August 15, 2004 - India
Independence Day
And that the Corporate
Communications Department be requested to publish the proclamation of the
"Anna Jennings Day", "Ahmadiyya Day" and "Pakistan
Independence Day" in the Markham Economist and Sun
And that the flag of Pakistan be
flown at the Markham Civic Centre on August 14, 2004;
And that a Flag-Raising Ceremony
be held at the Markham Civic Centre on August 15, 2004 from 10:00 a.m. to 12
Noon for India Independence Day."
CARRIED
.....................................................................
Council
recessed into Committee of the Whole.
.....................................................................
2. REPORT OF THE COMMITTEE OF THE WHOLE -
cont'd
Moved by
Councillor J. Webster
Seconded by
Regional Councillor J. Jones
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:
(5) 2004 ADVISORY COMMITTEE/BOARD
APPOINTMENTS (16.24)
Arts and Culture Committee
That the Arts and Culture Committee, be
dissolved;
Cycling and Pedestrian Advisory
Committee
That the following person be appointed to the
Cycling and Pedestrian Advisory Committee representing Markham Conservation
Committee:
Stephanie Sokolyk
Markham-Noerdlingen Cultural
Committee
That the following two Members of Council be
appointed to the Markham-Noerdlingen Cultural Committee for the term ending
November 30, 2006:
Councillor S. Daurio
Councillor G. McKelvey
Public Art Advisory Committee
That the following two (2) Members of Council
be appointed to the Public Art Advisory Committee for a term to expire on
November 30, 2006:
Councillor J. Virgilio
Councillor A. Chiu;
Race Relations Committee
That the following person be appointed to the
Race Relations Committee for a term ending November 30, 2007:
Alex Ribeiro
(6) ASSOCIATION OF MUNICIPALITIES OF ONTARIO
2004 ANNUAL CONFERENCE
(13.12.2 & 11.12) Weblink
That attendance of the following Members of
Council at the Association of Municipalities of Ontario's (AMO) Annual
Conference being held August 22 to 25, 2004, be confirmed, subject to
conformance with Town Policy:
Mayor D. Cousens
Deputy Mayor F. Scarpitti, tentative
Regional Councillor J. Heath
Regional Councillor J. Jones
Councillor J. Virgilio
Councillor G. McKelvey
Councillor J. Webster
Councillor K. Usman
(7) LICENSING
HEARING
"SPA ON THE VALLEY"
7240 WOODBINE AVENUE, UNIT
102, MARKHAM (2.0)
That the following recommendation of the
Markham Licensing Committee be adopted and confirmed:
1) That
the renewal application to own and operate a body-rub parlour, “Spa on the
Valley”, located at 7240 Woodbine Avenue, Unit 102, be denied;
2) That
the applicant’s licence to own and operate the body-rub parlour, "Spa on
the Valley”, located at 7240 Woodbine Avenue, Unit 102, be revoked;
3) And
that pursuant to section 25(1) of the Statutory Powers Act, this decision not
be stayed by any appeal of this decision that may be instituted in the courts.
(8) HYDRO ONE TASK FORCE (13.8) weblink
That the proposed Terms of Reference for the Hydro One
Corridor Task Force be received and endorsed;
And that the Chief Administrative Officer be
authorized to retain technical consultants and outside legal counsel necessary
to assist the Task Force to carry out its mandate;
And that Milan Bolkovic and Peter Faye be
utilized as resources to the Task Force and Regional Councillor J. Heath be
appointed as a member of the Task Force;
And that a budget allocation of up to
$100,000 be provided for from Town Reserves.
Moved by Deputy Mayor F. Scarpitti
Seconded by Councillor A. Chiu
That the Report of the Committee of the Whole
be adopted, approved and confirmed.
CARRIED
11. BY-LAWS
Council
consented to withdraw By-law No. 2004-136.
Moved by
Councillor A. Chiu
Seconded by
Councillor J. Virgilio
That By-laws
2004-137 to 2004-152 be given three readings and enacted.
Three Readings
BY-LAW 2004-137 A by-law to authorize the execution of a release and abandonment
of a storm and sanitary sewer easement over lands legally described as Part of
Lot 8, Concession 6, designated as Parts 4, 5 and 6, Plan 65R-25207.
(Clause 1, Report No. 32, 2004)
BY-LAW 2004-138 A by-law to deem certain lands not to be a registered plan of
subdivision for the purposes of Subsection 50(3) of the Planning Act (Novapharm
Limited, 757 Hood Road and 7500 Warden Avenue, Lot 16, Plan M-1807 and Lot 35,
Plan M-1812).
(Clause 1, Report No. 33, 2004)
BY-LAW 2004-139 A by-law to amend Zoning By-law 304-87, as amended (Cranford
Developments Ltd., 9982 Highway 48 - To delete the lands from By-law 304-87, as
amended, so that they may be incorporated into By-law 177-96, as amended, to
permit drive through restaurant and automotive commercial uses).
(Clause 2, Report No. 33, 2004)
BY-LAW 2004-140 A by-law to amend Zoning By-law 177-96, as amended (Cranford
Developments Ltd., 9982 Highway 48 - To permit drive through restaurant and
automotive commercial uses).
(Clause 2, Report No. 33, 2004)
BY-LAW 2004-141 A by-law to deem certain lands not to be a registered plan of
subdivision for the purposes of Subsection50(3) of the Planning Act (Michael
& Rose Visconti, 14 Victoria Streets, Lots 18 and 19, Plan 184).
(Clause 4, Report No. 33, 2004)
BY-LAW 2004-142 A by-law to designate part of a certain plan of subdivision not
subject to Part Lot Control (Laurier Homes - Wismer Heights, Blocks 61 to 66,
Plan 65M-3601).
BY-LAW 2004-143 A by-law to designate part of a certain plan of subdivision not
subject to Part Lot Control (Laurier Homes - Wismer Heights, Blocks 66 &
73, Plan 65M-3613).
BY-LAW 2004-144 A by-law to amend By-law 177-96, as amended (Brawley Manor
Corporation, Wismer Commons, Lots 1 to 3, Part Lots 4 and 19 to 21, 65M-3629,
Part of Lot 17, Concession 7 - To remove the (H) Hold provision).
BY-LAW 2004-145 A by-law to amend Zoning By-law 304-87, as amended (Box Grove
Hill Developments Inc. & Box Grove North Inc., east of 9th Line
and north of 14th Avenue, 19TM-030012 - To delete the lands from the
designated area of By-law 304-87, as amended, so that they may be incorporated
into By-law 177-96, as amended, to permit development in accordance with
residential plan of subdivision 19TM-030012).
(Clause 7, Report No. 31, 2004)
BY-LAW 2004-146 A by-law to amend Zoning By-law 177-96, as amended (Box Grove
Hill Developments Inc. & Box Grove North Inc., east of 9th Line
and north of 14th Avenue, 19TM-030012 - To permit development in
accordance with residential plan of subdivision).
(Clause 7, Report No. 31, 2004)
BY-LAW 2004-147 A by-law to amend Zoning By-law 304-87, as amended (Animate
Construction Limited, east of 9th Line and north of 14th
Avenue, 19TM-030014 - To delete the lands from the designated area of By-law
304-87, as amended, so that they may be incorporated into By-law 177-96, as
amended, to permit development in accordance with residential plan of
subdivision).
(Clause 7, Report No. 31, 2004)
BY-LAW 2004-148 A by-law to amend Zoning By-law 194-92, as amended (Animate
Construction Limited, east of 9th Line and north of 14th
Avenue, 19TM-030014 - To delete the lands from the designated area of By-law
194-92, as amended, so that they may be incorporated into By-law 177-96, as
amended, to permit development in accordance with residential plan of
subdivision).
(Clause 7, Report No. 31, 2004)
BY-LAW 2004-149 A by-law to amend Zoning By-law 177-96, as amended (Animate Construction
Limited, east of 9th Line and north of 14th Avenue,
19TM-030014 - To permit development in accordance with residential plan of
subdivision).
(Clause 7, Report No. 31, 2004)
BY-LAW 2004-150 A by-law to amend Zoning By-law 304-87, as amended (Balgreen
Holding Inc. and Winter Gardens Estates Inc., east of 9th Line and
south of 14th Avenue, 19TM-030015 - To delete the lands from the
designated area of By-law 304-87, as amended, so that they may be incorporated
into By-law 177-96, as amended, to permit development in accordance with
residential plan of subdivision).
(Clause 7, Report No. 31, 2004)
BY-LAW 2004-151 A by-law to amend Zoning By-law 177-96, as amended (Balgreen
Holding Inc. and Winter Gardens Estates Inc., east of 9th Line and
south of 14th Avenue, 19TM-030015 - To permit development in
accordance with residential plan of subdivision).
(Clause 7, Report No. 31, 2004)
BY-LAW 2004-152 A by-law to confirm the proceedings of the Council meeting of
June 8, 2004.
(Council Meeting No. 13, 2004)
CARRIED
12. ADJOURNMENT
Moved by
Councillor A. Chiu
Seconded by
Councillor K. Usman
That the
meeting do adjourn.
CARRIED
Council
adjourned at 8:50 p.m.
___________________________________ ___________________________________
SHEILA
BIRRELL, TOWN CLERK DON
COUSENS, MAYOR
(Signed)