M I N U T E S
COMMITTEE OF THE WHOLE
2005-10-25
Meeting No. 18
Attendance
|
Mayor D.
Cousens
Regional Councillors F.
Scarpitti
J.
Heath
J.
Jones
B.
O'Donnell
Councillors S.
Daurio
E.
Shapero
J.
Virgilio (6:20 p.m.)
G.
McKelvey
J.
Webster
D.
Horchik
K.
Usman
A.
Chiu
|
J. Livey, Chief Administrative Officer
J. Baird, Commissioner of Development
Services
C. Conrad, Town Solicitor
B. Cribbett, Treasurer
P. Miller, Manager, Secretariat Services
J. Sales, Commissioner of Community & Fire
Services
A. Taylor, Commissioner of Corporate Services
S. Birrell, Town Clerk
L. Duoba, Project Coordinator
J. Carnegie, Director, Corporate
Communications
D. McClean, Fire Chief
B. Snowball, Deputy Fire Chief
|
The Committee of the Whole meeting convened at the hour of 6:00 p.m. with Mayor D. Cousens in the Chair.
DISCLOSURE
OF INTEREST
None declared.
1. MINUTES
OF COMMITTEE OF THE WHOLE
- OCTOBER 11, 2005 (16.0)
Committee had before it the minutes of the Committee of the Whole
meeting held on October
11, 2005.
With respect to item number 4 regarding "Report on Pesticide
Issue", Deputy Mayor Scarpitti requested that staff provide him with
information on the Consultant hired to evaluate the impact of reduced pesticide
use on Town-owned parks together with the resolution of Council approving the hiring
of a Consultant.
Moved by Councillor A. Chiu
Seconded by Regional Councillor B. O'Donnell
That the minutes of the Committee of the Whole meeting held on October 11, 2005 be confirmed.
Carried
2. CRANFORD
DEVELOPMENTS LTD.
9982 HIGHWAY 48, WISMER
COMMONS COMMUNITY
SITE PLAN APPROVAL FOR A GAS
BAR, CAR WASH
AND DRIVE THROUGH RESTAURANT
(SC 04 021259) (10.6)
Report Info
Committee had
before it a tabled chronology of negotiations dated October 25, 2005 and a
revised resolution for consideration.
The Commissioner
of Development Services explained that Imperial Oil has agreed to a full
service area seven days per week from 7:00 am to 7:00 pm
for a two year period and the revised resolution reflects this.
Mr. Don Dussault,
Manager – Real Estate Development, confirmed that the service to the disabled
will be continued if demand dictates otherwise Imperial Oil will return normal
service at the station. Disabled persons
may call 24 hours ahead and full service will be provided.
Moved by Councillor A.
Chiu
Seconded by Regional
Councillor J. Jones
That the Site
Plan application (SC 04-021259) submitted by Cranford
Developments Ltd. for a gas bar, car wash and drive through restaurant at 9982 Highway 48,
be endorsed for approval, with the following conditions:
1. That final
site plan, building elevation and landscape drawings be submitted to the
satisfaction of the Commissioner of Development Services;
2. That the
letter dated October 20, 2005 from Don Dussault of Imperial Oil Limited
entitled, “Imperial Oil site at S/W corner of Hwy #48 and Major MacKenzie
Drive, Markham, ON”, be received;
3. That the Owner enter into a site plan
agreement with the Town containing, in addition to all standard and special
provisions and requirements of the Town and public agencies, the following provisions:
a.
provisions to ensure that the Owner
maintains, at his expense, the section of the realigned Mount Joy Creek located
within the subject property and further that in the event the watercourse is
not maintained to the satisfaction of the Town, that the Town can enter onto
the lands, clean the site, and charge back the costs associated with the clean
up to the owner on his tax bill(s).
b.
that the approved landscape plan
for the Mount Joy
Creek be secured in the site plan
agreement.
c.
provisions to secure the Owner’s
financial and other obligations for the required upgrading of the Markham
Road culvert to the satisfaction of MTO and the
TRCA.
d.
that the Owner and the gas bar
operator covenant and agree that the gas bar will provide “full pump service”
in addition to “self pump service” at this location, between the hours of
7:00 A.M. and 7:00 P.M. seven days per
week, and to install signage to this effect, for a period of not less than two
(2) years.
4. That prior
to execution of the site plan agreement, the following items be submitted to
the satisfaction of the Commissioner of Development Services;
a. a release
from the Trustee of the Wismer Commons Developers’ Group (OPA No. 37)
confirming that the Owner has contributed its proportionate share of the costs
required by the Developer’s Group Agreement.
b.
a maintenance easement to the Town
over the portion of the reconfigured Mount Joy Creek to ensure that the
watercourse is properly maintained by the property owner and water flow is not
restricted, and to allow the Town the right of access to perform any necessary
inspections and remedial works.
5. And
that a site plan agreement be executed prior to final site plan approval;
6. And
further that this site plan approval shall lapse after a period of three years
commencing October 25, 2005
in the event a site plan agreement is not executed within that period.
Carried
3. ADULT VIDEO STORES
1 MASSEYFIELD GATE (2.11)
Report
Committee had before it a tabled
memorandum dated October
25, 2005 providing information about the permitted uses and
restrictions at 1 Masseyfield Gate.
The Commissioner of Development
Services advised that staff is responding to concerns raised by area residents
about the permitted uses at the plaza at 1 Masseyfield Gate. He reviewed the permitted uses and confirmed
that an Adult Video store is not permitted within 500 metres of residences and
is, therefore, not permitted at the site.
A spa is permitted if staff is satisfied the operation complies. Adult videos are permitted to be sold in a
portion of a regular video store but this is not being requested at this plaza.
The Town Clerk confirmed that establishments
providing reflexology and Shiatsu services must be registered with the Town and
are monitored closely.
Ms. Jeanette Anbinder, area resident,
was in attendance and thanked staff for reacting to this matter
expeditiously. It was confirmed that the
dead tree to the rear of the plaza is on private property.
Moved by Councillor G. McKelvey
Seconded by Regional Councillor B.
O'Donnell
That the
memorandum dated October
25, 2005 providing information regarding the permitted uses and
restrictions at 1 Masseyfield Gate, be received.
Carried
4. DRAFT
REVISED ROUGE NORTH MANAGEMENT AREA/
GREENBELT OFFICIAL PLAN
AMENDMENT AND REPEAL
OF OFFICIAL PLAN AMENDMENT NO.
116 (10.3)
Report Memo
1 Memo
2
Committee had before it a revised Appendix A
(Official Plan of the Markham Planning Area Amendment
140 for the Rouge North Management Area/Greenbelt) dated October 25, 2005, a
memorandum dated October 11, 2005 responding to concerns expressed by Jim Robb,
Friends of the Rouge Watershed, and a letter dated October 24, 2005 from the
Rouge Park Alliance advising the revised draft Rouge North Management
Area/Greenbelt Official Plan Amendment is acceptable to them and requesting to
be advised when it has been approved by the Town of Markham and the Region of
York.
The Commissioner of Development Services
advised that the revised Appendix A is similar to the previous submission but
with revised wording to coincide with the Provincial Greenbelt Plan.
Lilli Duoba, Project Coordinator, reviewed
the technical and minor changes to Appendix A as requested by the Ministry of
Municipal Affairs.
Extensive debate took place regarding:
• the Rouge Park
boundaries
• other permitted uses in the
600 metre corridor
• no permitted uses in the 400
metre "no touch" area other than infrastructure that may need to
cross it
• no provision for
compensation to property owners
Jim Robb, Friends of the Rouge Watershed, was
in attendance and requested that the revised Rouge North OPA be strengthened in
the following ways and as outlined in his letter dated October 10, 2005:
• Little Rouge Corridor width
and permitted uses need to be consistent with the Rouge North Management Plan
• protect source water quality
and quantity and watershed health and biodiversity as per the Greenbelt Plan,
Rouge Watershed Strategy, Water Budget, Source Protection and Natural Heritage
System Plan.
• protection of the Rouge River
tributaries
• municipal infrastructure
provisions as in the Oak Ridges Moraine Plan
• provision for the
application of ecological criteria within the urban area
Ms. Duoba responded to Mr. Robb's comments by
referring to the memorandum dated October 11, 2005 addressing same.
Discussion took place regarding the
boundaries of the corridor, permitted uses proposed by the Town and those requested
by Mr. Robb, current ownership of the lands in question, and the desire to have
interior forest for 200 metres on either side of the river and whether that
would be sufficient.
Moved by Councillor A. Chiu
Seconded by Councillor G. McKelvey
That Committee recess at 7:00 p.m. to convene
Council and rise and report;
And that Committee re-convene at 7:12 p.m.;
And that Committee recess at 8:30 p.m. to
convene Council and rise and report;
And that Committee re-convened at 9:00 p.m.
Carried
Debate continued regarding Mr. Robb's
suggestions and the Town's responses in the proposed revised OPA 140. Concern was expressed regarding whether a 400
metre corridor would be sufficient and about the fact that the Town is
complying with the minimum required in the Rouge North Management Plan. It was confirmed that the Town's permitted
uses mirror the permitted uses in the Rouge North Management Plan.
Moved by Councillor G. McKelvey
Seconded by Regional Councillor B. O'Donnell
That the deputation of Jim
Robb, Friends of the Rouge Watershed, in support of and offering comments on
the draft revised Rouge North Management Area and the supporting documents be
received;
And that the letters dated
October 9 and October 17, 2005 from Patricia Foran, Aird & Berlis,
Barristers and Solicitors, on behalf of her clients, expressing concerns about
the proposed repeal of By-law 2003-299 and proposed new Official Plan Amendment
to replace OPA 116 be received;
And that the letters dated
October 10 and October 18, 2005 from Randolph Smith, Barrister and Solicitor,
on behalf of his clients, in favour of the repeal of Official Plan Amendment
No. 116 and in opposition to the adoption of the proposed replacement Official
Plan Amendment be received;
And that the letter dated
October 24, 2005 from the Rouge Park Alliance advising the revised draft Rouge North Management Area/Greenbelt Official Plan Amendment is
acceptable to them and requesting to be advised when it has been approved by
the Town of Markham and the Region of York, be received;
And that the memorandum dated
October 11, 2005 addressing the concerns expressed by Jim Robb, Friends of the
Rouge Watershed, be received;
And that the staff report
entitled “Draft Revised Rouge North
Management Area/Greenbelt Official Plan Amendment and Repeal of Official Plan
Amendment No. 116”, dated October 11, 2005, be received;
And that Appendix A to the October
11, 2005
Council report be replaced with the revised draft Rouge North Management
Area/Greenbelt Official Plan Amendment, dated October
25, 2005;
And that the record of the Public Meeting held on September 6, 2005 with respect to the
proposed amendment to the Official Plan be received;
And that the draft Rouge North Management Area/Greenbelt Official Plan
Amendment attached as revised Appendix A, be adopted;
And that the draft by-law, repealing by-law 2003-299 adopting OPA No.
116, attached as Appendix ‘B’, be passed to come into effect on the date that
the Region of York issues a Notice of Decision approving the Rouge North
Management Area/Greenbelt Official Plan Amendment;
And that the Region of York be forwarded the Rouge North Management
Area/Greenbelt Official Plan Amendment for approval;
And that the Town of Markham endorse the ‘Rouge North Implementation
Manual’, attached as Appendix ‘C‘ to the report received by Council on July 8,
2003, such endorsement to take effect upon final approval of the Rouge North
Management Area/Greenbelt Official Plan Amendment;
And further that the Province
of Ontario, Region of York, Region
of Durham, Rouge Park Alliance, Toronto
and Region Conservation Authority, Town of Richmond Hill,
Town of Whitchurch-Stouffville,
Town of Pickering and City of Toronto
be provided with a copy of the report and notice of adoption of the Official
Plan Amendment.
(By-laws 2005-289 & 2005-290)
Carried
(See following recorded
vote) (13:0)
(See following motion
which was Lost)
YEAS: Mayor D. Cousens, Deputy Mayor F.
Scarpitti, Regional Councillor J. Heath, Regional Councillor J. Jones, Regional
Councillor B. O'Donnell, Councillor S. Daurio, Councillor E. Shapero,
Councillor J. Virgilio, Councillor G. McKelvey, Councillor J. Webster,
Councillor D. Horchik, Councillor K. Usman, Councillor A. Chiu. (13)
Moved by Deputy Mayor F. Scarpitti
Seconded by Councillor K. Usman
That item 2 of Committee of the Whole be amended to
include the following wording:
"Municipal infrastructure, including
stormwater management, transportation and servicing facilities may be permitted
in Rouge Park North and Rouge North, but shall be minimized wherever possible.
Such facilities may be permitted, subject to applicable environmental
assessment and planning review procedures, if the applicant establishes that,
(a)
the need for the project has been demonstrated and there is no reasonable
alternative;
(b)
the planning, design and construction practices adopted will keep any adverse
effects on the ecological integrity of the Rouge Park North and Rouge North
area to a minimum;
(c)
the design practices adopted will maintain, and where possible improve or restore,
key ecological linkages and recreational linkages;
(d)
the landscape design will be adapted to the circumstances of the site,
conserving soil structure and fertility and using native plant species as much
as possible, especially along rights of ways; and
(e)
the long‑term landscape management approaches adopted will maintain, and
where possible improve or restore, the health, diversity, size and connectivity
of natural heritage features or hydrologically sensitive features."
Lost
(See following recorded vote which was lost)
(4:9)
YEAS: Deputy Mayor F. Scarpitti, Regional
Councillor J. Jones, Councillor E. Shapero, Councillor K. Usman. (4)
NAYS: Mayor D. Cousens, Regional
Councillor J. Heath, Regional Councillor B. O'Donnell, Councillor S. Daurio,
Councillor J. Virgilio, Councillor G. McKelvey, Councillor J. Webster,
Councillor D. Horchik, Councillor A. Chiu. (9)
Moved by Deputy Mayor F. Scarpitti
Seconded by Councillor E. Shapero
That item 2 of Committee of the Whole be
amended to include the following wording:
"That no stormwater management
facilities be permitted within the 600 metre ecological corridor."
Lost
(See
following recorded vote which was lost) (3:10)
YEAS: Deputy Mayor F. Scarpitti,
Councillor E. Shapero, Councillor K. Usman. (3)
NAYS: Mayor D. Cousens, Regional
Councillor J. Heath, 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.
(10)
5. 173-T-05
ANGUS GLEN COMMUNITY CENTRE
AND LIBRARY (AGCC&L)
PARKING LOT EXPANSION (6.6)
Report
Committee had before it
the tabled report dated October
25, 2005 regarding the tender for expansion of the Angus Glen
Community Centre and Library parking lot.
The Commissioner of
Community and Fire Services advised the location of the expansion is the
northwest corner of the lot. He also
undertook to investigate and advise Committee whether permeable materials have
been considered for the lot.
Moved by Regional Councillor B.
O'Donnell
Seconded by Councillor K. Usman
That the report entitled "173-Y-05 Angus Glen Community Centre and
Library (AGCC&L) Parking Lot Expansion" be received;
And that tender 173-T-05 Angus Glen Community Centre and Library
(AGCC&L) Parking Lot Expansion be awarded to the lowest priced bidder,
Ashland Paving Ltd. In the amount of $226,588.79 exclusive of GST and inclusive
of $15,000 contingency, the use of which will be guided by the Expenditure
Control Policy;
And that Council pre-approve the 2006 Capital Budget project Angus Glen
Parking Lot in the amount of $260,000.
Carried
6. DAYS OFF BETWEEN CHRISTMAS AND NEW
YEAR'S (11.0)
Moved by Deputy Mayor F. Scarpitti
Seconded by Regional Councillor J. Jones
That the Town of Markham be closed Monday, December 26 and Tuesday,
December 27, 2005 for Christmas Day and Boxing Day;
And that the Town operate on a skeleton basis on Wednesday, December
28, Thursday, December 29 and Friday, December 30, 2005;
And that the Town of Markham
be closed on Monday, January 2, 2006
for New Year's Day;
And that the Town of Markham
return to full operations on Tuesday,
January 3, 2006.
Carried
Moved by Councillor A. Chiu
Seconded by Regional Councillor J. Jones
That Committee of the Whole recess in-camera
to discuss personnel and legal matters.
Carried
Moved by Councillor J. Virgilio
Seconded by Regional Councillor J. Heath
That Committee of the Whole in-camera rise and report to Council.
Carried
The Committee of the Whole meeting adjourned at 11:35 p.m.