2006-01-31
COUNCIL MINUTES Council Chamber, Civic Centre
Meeting No. 3
(Canada
Room)
COMMITTEE
OF THE WHOLE
ROLL
CALL
Mayor D.
Cousens, Deputy Mayor F. Scarpitti, Regional Councillor J. Heath, Regional
Councillor J. Jones, Regional Councillor B. O'Donnell, Councillor S. Daurio
(6:35 p.m.), Councillor E. Shapero, Councillor J. Virgilio (5:40 p.m.),
Councillor G. McKelvey, Councillor J. Webster, Councillor D. Horchik,
Councillor A. Chiu. (12)
Regrets
Councillor K.
Usman. (1)
Moved by Councillor
A. Chiu
Seconded by Councillor
E. Shapero
That Council resolve itself into the
Committee of the Whole to discuss the following:
(1) Appointments - Markham-China Advisory
Group (16.24)
(2) 2006 Advisory Committee/Board
Appointments (16.24)
(3) Application
by 1547155 Ontario Ltd. for Official Plan & Zoning By-Law Amendments to
Permit a Residential Condominium with Grade-Level Retail at 7751 Yonge Street,
Southeast Corner of Yonge Street & Thornhill Summit Drive – Thornhill
Heritage Conservation District (File Nos. Op 05 005462, ZA 05 005465) (13.13
&10.3 & 10.5)
(4) Additional
Shareholdings of Powerstream Corporation (13.7)
(5) August
19, 2005 Storm Review (3.0)
CARRIED
The Regular
Meeting of Council was held on January 31, 2006 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, Regional Councillor B. O'Donnell, Councillor S. Daurio,
Councillor E. Shapero, Councillor J. Virgilio, Councillor G. McKelvey,
Councillor J. Webster, Councillor D. Horchik, Councillor A. Chiu. (12)
Regrets
Councillor K.
Usman. (1)
STAFF
J. Baird,
Commissioner of Development Services
C. Conrad,
Town Solicitor
J. Sales,
Commissioner of Community & Fire Services
A. Taylor,
Commissioner of Corporate Services
P. Miller,
Manager, Secretariat Services
S. Birrell,
Town Clerk
1. DISCLOSURE OF PECUNIARY INTEREST
None declared.
2. REPORT OF THE COMMITTEE OF THE WHOLE
Moved by Councillor A. Chiu
Seconded by Councillor G. McKelvey
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) APPOINTMENTS - MARKHAM-CHINA
ADVISORY GROUP (16.24)
Report
Markham-China
Advisory Group
That the
following persons be appointed to the Markham-China Advisory Group:
Deputy Mayor F. Scarpitti
Councillor J. Virgilio, Chair
Jack Tsui Peak
Garden Developments Inc.
Alan Lam Ecotech
Albert Yong L
Comm Inc.
Johnson Jia Zhong
Zhao Law Firm Beijing (a Markham resident)
Njai Kornatowski Empress Software Inc.
Sammy Lee Metcalfe,
Blainey & Burns
Keith Bray Markham
Board of Trade
Peter McArthur HSBC
Mayor D. Cousens, ex Officio
Ted Madden York
Technology Association
Tony Wong, MPP Honourary Advisor
Mei Yan Zhongguancun
Science Park (Markham
Office), Honourary Advisor
TBD Richmond
Hill and Markham Chinese Business Association
(2) 2006
ADVISORY COMMITTEE/BOARD APPOINTMENTS (16.24)
Markham Conservation Committee
That the following persons be appointed to
the Markham Conservation Committee with a tem to expire November 30, 2008:
Sandra McEleney
Thomas Rado
(3) APPLICATION BY 1547155 ONTARIO LTD. FOR
OFFICIAL
PLAN AND ZONING BY-LAW
AMENDMENTS TO PERMIT
A RESIDENTIAL CONDOMINIUM WITH
GRADE-LEVEL
RETAIL AT 7751 YONGE STREET,
SOUTHEAST CORNER OF
YONGE STREET AND THORNHILL
SUMMIT DRIVE –
THORNHILL HERITAGE
CONSERVATION
DISTRICT (FILE NOS OP 05
005462, ZA 05 005465) (13.13 &10.3 & 10.5)
That the
report entitled: “CONFIDENTIAL REPORT: Application by 1547155 Ontario Ltd. for
Official Plan and Zoning By-law Amendments to permit a residential condominium
with grade-level retail at 7751 Yonge Street, southeast corner of Yonge Street
and Thornhill Summit Drive – Thornhill Heritage Conservation District (File Nos
OP 05 005462, ZA 05 005465)” be received;
And that Town
of Markham staff be instructed to oppose the appeal by 1547155 Ontario Ltd. at
the Ontario Municipal Board, on the basis that:
·
The applicant has
not revised the development application to address the urban design and
planning issues raised in the February 15, 2005 Preliminary Report to
development services, attached as Appendix A to this report;
·
The applicant has
not submitted the background technical studies identified in the February 15,
2005 Preliminary Report;
·
The application
does not conform to the Thornhill Heritage Plan and the applicant has not
submitted an application to amend this plan;
·
The application
does not address the cultural heritage policies of the Provincial Policy
Statement (2005)
·
The proposed
development infringes on an existing right of way easement, registered on title
in favour of the Town of Markham, and located parallel to the Yonge Street
frontage of the property within the footprint of the proposed development;
And that the
communication dated January 25, 2006 from the Society for the Preservation of Historic Thornhill
expressing concurrence with the Ward One (South) Thornhill Residents'
Association in objection to the proposed construction at 7751 Yonge Street, Thornhill, be received;
And that the
communication dated January 24, 2006 from Rob Armstrong in objection to the
proposed construction at 7751 Yonge Street, Thornhill, be received.
(4) ADDITIONAL SHAREHOLDINGS OF
POWERSTREAM CORPORATION (13.7)
That the
Markham Energy Corporation exercise the "Markham Option" included
in Section 3.10 of the Shareholders
Agreement between The Corporation of the Town of Markham, Markham Energy
Corporation, the Corporation of the City of Vaughan and AMALCO Hydro
Distribution Company (PowerStream) to acquire an additional 2% interest in
PowerStream Inc;
That the 2%
purchase price of $6,800,000 be funded from the Markham Energy Corporation;
That payment
of the $6,800,000 be provided to PowerStream on or before May 31, 2005;
And that the
Board of Directors of Markham Energy Corporation formally indicate to the City
of Vaughan their desire to increase their shareholdings above 43% in the
future.
(5) AUGUST
19, 2005 STORM REVIEW (3.0)
That staff bring
forward an Information Paper on the August 19, 2005 storm/flood to General
Committee on February 6, 2006 for discussion of options as well as what other
municipalities have done in response to this disaster.
Moved by Regional Councillor J. Jones
Seconded by Regional Councillor B. O'Donnell
That the Report of the Committee of the Whole
be adopted, approved and confirmed.
CARRIED
3. MINUTES
(1) COUNCIL
MINUTES
- JANUARY 17, 2006
Moved by
Councillor A. Chiu
Seconded by
Councillor D. Horchik
That the
Minutes of the Council Meeting held on January 17, 2006, be adopted.
CARRIED
4(a) REPORT NO. 5 - GENERAL COMMITTEE
Council
consented to separate Clause (17).
Moved
by Councillor D. Horchik
Seconded
by Councillor J. Virgilio
That
Report No. 5 - General Committee be received and adopted.
January 23, 2006
(1) PORTABLE CLASSROOMS (13.6)
Report
Whereas
Markham has 17% of York Region Schools; 32% of enrolment; and 38% of portables,
the Town of Markham requests the following:
- Presentation from the York Region
District School Board to General Committee on reason for discrepancy
between percentage of schools and percentage of enrolment;
- Presentation from York Region District
School Board to General Committee on the Board’s Capital Program for
Markham; and
- Response from York Region District
School Board to Markham on the
Board’s plan, if any, to replace old/required portables with new portables
that have their own washrooms and air conditioning.
And
that the report entitled “Portable Classrooms” be received;
And
that the deputation of Mr. Zul Vaiya with respect to the elimination of
portable classrooms, be received.
(2) GRANTS SUB-COMMITTEE ALLOCATION OF
CELEBRATE
MARKHAM GRANTS FOR THE FIRST
QUARTER OF 2006 (7.6)
Report 1
That
the report entitled, “Grants Sub-Committee Allocation of Celebrate Markham
Grants for the First Quarter of 2006” be received;
And
that the $31,000 of the 2006 Celebrate Markham grants budget be allocated to
the three programs outlined on Table 1 of page 2 (of the January 23, 2006 staff
report);
And
further that the $31,000 be funded from the Celebrate Markham account
220-220-7802.
(3) SUPPLY AND DELIVERY OF FIREFIGHTERS’
BUNKER SUITS, RFP AWARD #
017-R-05 (7.12)
Report
That the
report entitled Supply and Delivery of Firefighters’ Bunker Suits, RFP Award #017-R-05 be received;
And
that Supply and Delivery of Firefighters’ Bunker Suits, RFP #017-R-05 be
awarded to the highest ranked and second lowest priced proponent, SafeDesign
Apparel Ltd. at a unit price of $1,840.06, inclusive of PST and exclusive of
GST for a term of 3 years with an option to renew for 2 additional years at
prices to be negotiated;
And
that the proposed 2006 Fire and Emergency Services Capital Budget Project
#7094, Phase II of Bunker Gear Replacement Program in the amount of $270,000 be
pre-approved;
And
that funding for the purchase of 188 bunker suits to replace current
firefighter bunker gear in the amount of $345,931.28 ($1,840.06 * 188)
inclusive of PST and exclusive of GST is provided for in Fire and Emergency
Services Department’s 2005 Capital Account #67-6150-6698-005, Bunker Gear
Replacement Phase 1 of 2 ($274,000.00) and 2006 Capital Budget Project #7094,
Phase II of Bunker Gear Replacement Program ($71,931.28);
And
that funding for the 20 bunker suits required for the new recruits associated
with the Bur Oak Fire Station, in the amount of $36,801.20 ($1,840.06 * 20)
inclusive of PST and exclusive of GST, be provided for in Fire and Emergency
Services Department’s 2005 Capital Account # 67-5350-6002-005, Recruit
Firefighter Safety Clothing and Bunker Gear;
And
that the Fire and Emergency Services Department’s 2005 Capital Account #
67-6150-6698-005, Bunker Gear Replacement be closed upon payment of all
invoices and any remaining balance be returned to the original source of
funding;
And
further that staff report back to Council with recommendations regarding the
uses of the remaining funding in the 2006 Fire and Emergency Services Capital
Project #7094 Phase II of Bunker Gear Replacement Program, in the amount of
$198,068.72 ($270,000.00 – $71,931.28).
(4) REPORT ON SPENDING OF 2005 MARKHAM
COUNCIL
GRANTS FOR ROUGE RIVER AND DON
RIVER WATERSHEDS (5.7)
Report
That
the staff report entitled “Report on Spending of 2005 Markham Council Grants
for Rouge River and Don River Watersheds”, dated January 23, 2006, be received;
And
that Council defer providing further grants to the Don River Watershed until
such time as the Don Watershed Regeneration Council reports back on projects
completed in Markham using the $75,000 already granted for 2003, 2004 and 2005
which are being held by the Town of Markham in a capital based account.
(5) 2006 BUDGET UPDATE (7.4 & 7.5)
Report
That
the report entitled, “2006 Budget Update” be received;
And
that the $518,750 of 2006 Operating Budget reductions be approved in order to
reduce the 2006 proposed 2006 property tax rate increase from 5.50% to 4.88%;
And
further that staff be authorized to present a 4.88% property tax rate increase
at the February 6th, 2006 Budget Breakfast.
(6) MARKHAM HERITAGE ESTATES PROPOSED
REVISION
TO LOT SALE POLICIES (8.7
& 16.11)
Report
That
the eligibility, administration and valuation policies related to the sale of
lots in the Town’s Markham Heritage Estates subdivision be amended, as
recommended by the CAO and Commissioners Committee (CCC), as follows:
1.
That the number
of times a person, and/or his or her spouse, can purchase a lot in Markham
Heritage Estates be limited to one.
2.
That the Town
will undertake credit checks, at the discretion of the Treasurer, on
prospective purchaser as a component of the review of financial capability to
successfully undertake a heritage relocation and restoration project in Markham
Heritage Estates.
3.
That the revised
lot pricing as outlined in Appendix “A” to this report, effective November 1,
2005, be received and made public.
4.
That the value of
the forgivable second mortgage held by the Town be equal to the discounted lot
price paid by the purchaser.
(7) PURCHASE OF SPONSORSHIPS – YEE HONG
DRAGON
BALL GALA – JANUARY 28, 2006
(12.2.6)
Report
That
Council receives the invitation from Yee Hong Community Wellness Foundation to
purchase tickets to the Yee Hong Dragon Ball at the Metro Toronto Conservation
Centre on January 28, 2006;
And
if Councillors wish to attend, tickets can be purchased to a maximum cost of
$4,000 from account #840 8415840.
(8) PURCHASE OF SPONSORSHIPS – EVERGREEN
HOSPICE
WINTER FROLIC – FEBRUARY 17,
2006 (12.2.6)
Report
That Council purchase tickets for Councillors
wishing to attend the Evergreen Hospice – Winter Frolic on Friday, February 17,
2006. This event will be held at Angus
Glen Golf Club;
And if Councillors wish to attend, tickets
can be purchased from account #840 8415840.
(9) GREAT CANADIAN SKATE – SUNDAY, FEBRUARY
19, 2006
REQUESTING TO WAIVE PUBLIC
SKATE ADMISSION FEES (6.1)
Report
That
the report titled “Great Canadian Skate”, be received;
And
that Mayor and Council approve waiving the public skate admission fees on
Sunday, February 19, 2006;
And
further that the donations collected go to the Canadian Tire Foundation for
Families – Jump Start Program.
(10) PROPOSED FAITH DAYS POLICY (16.0 &
2.1)
Report 1
That
the Town of Markham adopt a policy to endeavour not to book any statutory public
meetings on any significant faith days.
(11) SOUTH ASIAN YOUNG ADULT ASSOCIATION
USE OF MARKHAM CIVIC CENTRE
(12.2.6)
Report
1
That the report dated January 23, 2006 from
the Town Clerk and the Commissioner of Corporate Services entitled "Use of
Markham Civic Centre, South Asian Young Adult Association (SAYAA)", be
received;
And that the request from SAYAA to hold a
fundraising event at the Markham Civic Centre on Saturday, February 11, 2006
from 3:00 p.m. to 12:30 a.m. be approved and forwarded to Special Events staff,
subject to the following conditions:
● The
Council Chamber will not be made available.
The Great Hall, Lower Atrium and Canada Room will be made available free
of charge. A staging area could be
created in the Great Hall for the dance competition.
● A
$500 security deposit will be required to cover damage that may occur. This deposit will be returned in the event no
damage occurs.
● One
(1) extra Security Guard will be required at a cost of $15.00 per hour for the
duration of the event. The Security
Guard to be hired by the Town.
● One
(1) Custodian will be required for the duration of the event and for two to
three hours following the event at a cost of $23.00 per hour. The Custodian to be hired by the Town.
(12) 16TH AVENUE ENVIRONMENTAL ASSESSMENT (5.7)
That
the presentation by Mr. T. Gan, iTrans, regarding the 16th Avenue
Environmental Assessment be received;
And
that the Region of York be requested to report back on the feasibility of
extending the Environmental Assessment along 16th Avenue to the Markham By-Pass;
And
that staff be requested to bring back a report to General Committee, prior to
the Region reporting back, on options available and potential ways, including
streetscapes and elevations, of improving regional roads through existing
communities and neighbourhoods.
(13) VIVA UPDATE (5.0)
That the
presentation by Ms. Mary Frances Turner, Executive Co-ordinator of York Region
Transit, providing an update on VIVA, be received;
And that
letters be sent to the new Federal Minister of Transport, and the Provincial Minister
of Transportation advising that the Town of Markham supports
the planning and rapid transit initiatives of the Region of York, and that the
Town’s planning is dependent upon these transportation initiatives and the
funding at the levels previously requested.
(14) ELSON STREET AND TAWNEY ROAD
PROPOSED ADULT SCHOOL CROSSING
GUARD (3.16)
Report 1
That
the report entitled “Elson Street
and Tawney Road – Proposed Adult School Crossing Guard”, be approved;
And
that the Engineering Department be authorized to establish an adult school
crossing guard service at the intersection of Elson Street
and Tawney Road at a cost of $4,628.40 per year, exclusive of GST;
And
that the crossing guard be funded from account 640-998-5642;
And
that the Operations Department be authorized to install school crossing,
crosswalk pavement markings and hard surface access to the existing sidewalk at
the intersection of Elson Street and Tawney Road in early spring 2006;
And
that the cost of labour and materials, for the associated crossing, be funded
by Forest Bay Homes;
And
that Staffing Services, the Town’s Adult School Crossing Guard supplier, be directed
to provide the services of an adult school crossing guard at Elson Street and
Tawney Road intersection early spring 2006 upon completion of the pavement
markings and sign installation.
(15) HIGHGLEN AVENUE AND FONDA ROAD
PROPOSED ALL-WAY STOP CONTROL
(5.12.3)
Report 1 2
That
the report entitled “Highglen Avenue and Fonda Road – Proposed All-Way Stop
Control” be approved;
And
that the attached by-law to amend Traffic By-law 106-71 Schedule 12 pertaining
to “Compulsory Stops”, by including an all-way stop control at the intersection
of Highglen Avenue and Fonda Road, be approved;
And
that the associated cost of labour and materials be funded by Forest Bay Homes;
And
that the Operations and Asset Management Department be directed to install the
all-way stop control at the subject intersection;
And
that York Regional Police be requested to enforce the all-way stop control upon
installation of these signs.
(By-law
2006-12)
(16) STONEBRIDGE DRIVE AND WILFRED MURISON
AVENUE
PROPOSED SCHOOL CROSSING GUARD
SERVICE (3.16)
Report 1
That
the staff report entitled “Stonebridge Drive and Wilfred Murison Avenue –
Proposed School Crossing Guard Service” be approved;
And that
the Engineering Department be authorized to establish and adult school crossing
guard service at the intersection of Stonebridge Drive and Wilfred Murison Avenue at a cost of $4,628.40 per year, exclusive of
GST;
And
that Council pre-approve an addition of $20,000 to the 2006 Operating Budget
for Adult School Crossing Guards, account 640-998-5642;
And
that the crossing guard be funded from account 640-998-5642;
And
that the Operations Department be authorized to install school crossing signs
and crosswalk pavement markings at the intersection of Stonebridge Drive and Wilfred Murison Avenue in early spring 2006;
And
that the cost of labour and materials, for the associated crossing, be funded
by Monarch Larkin (1055097 Ontario Ltd.);
And
that Staffing Services, the Town’s Adult School Crossing Guard supplier, be
directed to provide the services of an adult school crossing guard at
Stonebridge Drive and Wilfred Murison Avenue in early spring 2006, upon
completion of the pavement markings and sign installation.
CARRIED
(17) WOODBINE
AVENUE BY-PASS
CATHEDRAL SECONDARY PLAN
TRI PARTY AGREEMENT (8.2)
Report 1 2
Council
consented to a division of the question.
That
the staff report entitled “Woodbine Avenue By-pass, Cathedral Secondary Plan
Tri Party Agreement” be received;
And
that the Mayor and Clerk be authorized to execute the necessary agreements with
the Cathedral developers and the Region of York and acquire the necessary
property for the advancement of the Woodbine Avenue By-Pass (Phase 1 and 2a) to
the satisfaction of the CAO and Town Solicitor;
And
that the Region of York be requested to advance the Woodbine Avenue By-Pass in
the Region’s capital budget to 2009;
And
that there will be a requirement for additional sewage allocation that should
be distributed according to the criteria established by Council in November
2005.
CARRIED
And
that this be specified in a Memorandum of Understanding with the West Cathedral
Landowners.
CARRIED
(18) ENGINEERING DEPARTMENT
CAPITAL PROJECT PROCESS (5.0)
Report
That
the January 23, 2006 report entitled “Engineering Department,
Capital Project Process”, be received;
And
that the process improvements as listed in the report be endorsed;
And
that engineering staff update Council on at least a quarterly basis of the
status of major capital projects as listed in the report;
And
that the merit of a quarterly update to Council on park projects and Community
Services Commission capital projects be considered by the Building and Parks
Construction Committee.
(19) BIRCHMOUNT ROAD EXTENSION
14TH AVENUE TO ENTERPRISE
DRIVE – PROJECT UPDATE (5.10)
Report
That the report entitled “Birchmount Road Extension 14th
Avenue to Enterprise Drive – Project Update” be received;
And that the Mayor and Clerk be authorized to enter into agreements
with Ministry of Transportation, 407ETR, CN, Hydro One, Ontario Realty
Corporation, Ruland Properties Ltd and
other external agencies as may be required to implement the construction of the
Birchmount Road extension, in a form satisfactory to the CAO and the Town Solicitor;
And that the Mayor and Clerk be authorized to enter into agreements to
acquire property required to implement the construction of the Birchmount
extension, in a form satisfactory to the CAO and the Town Solicitor;
And that in
the event that there are any substantial financial or legal requirements
arising from the above noted Agreements or property acquisitions, staff will
report back to Council with recommendations for approval of these Agreements;
And that in
the event that staff are unable to come to an agreement with the property
owners for the acquisition of the required lands, the Director of Engineering, in
conjunction with the Town Solicitor, be authorized to apply for approval under
the Municipal Act to expropriate a fee simple interest in the lands;
And that staff
report back to Council upon award of tender;
And that staff
be authorized to continue negotiations with Ruland Properties Ltd. to resolve outstanding issues regarding the detailed design and
approval for the northerly section of Birchmount Road from Highway 407 north to
Enterprise Drive;
And that in
the event that an acceptable arrangement for completion of the northerly
section of the Birchmount Road extension cannot be reached with Ruland Properties Ltd. by February 28th 2006, staff be authorized to issue a
purchase order to Totten Sims Hubicki to complete the detailed designs and
approval submissions for an amount not to exceed $60,000 exclusive of GST ($
64,200 inclusive of GST);
And that staff
be authorized to retain the law firm of Borden Ladner Gervais to assist in the
acquisition of properties for an amount not to exceed $55,000 exclusive of GST
($58,850 inclusive of GST);
And that staff
be authorized to issue a purchase order to CN Rail for an amount not to exceed
$75,000 exclusive of GST ($80,250 including GST) for the cost of CN Rail’s peer
review of the bridge design and consulting engineering costs for the track
diversion;
And that staff
be authorized to issue a purchase order to 407 ETR for an amount not to exceed
$45,000 exclusive of GST ($48,150 including GST) for the cost of 407 ETR’s peer
review of work proposed within the highway-right-of-way;
And that staff
be authorized to retain a qualified legal surveying firm to prepare the
necessary property acquisition plans for an amount not to exceed $50,000
exclusive of GST ($53,500 inclusive of GST);
And that the
Engineering Departments 2006 Capital Budget be amended to add $226,000 for the Birchmount Road
extension to be funded by the Town Wide Hard Development Charges;
And that the
Finance and Engineering Departments report back to Council on the impact of
this project and other Engineering capital projects funded from Development
Charges on projected debt financing requirements.
(20) GO TRANSIT
HAGERMAN GRADE SEPARATION –
PROJECT UPDATE (5.10)
Report 1 2
a) 2
b) 2
c) 2
d) 2
e) 3
That the
report entitled “GO Transit Hagerman Grade
Separation Project Update” dated January 23, 2006 be received;
And that staff
be authorized to continue negotiating with GO Transit to reach an agreement
with respect to the relocation of Town services including cost sharing, project
scheduling, conveyance of easements and other items relating to the
implementation of the project;
And that the
preferred design concepts for the relocation of Town services as presented by
engineering staff at the January 23rd 2006 Committee meeting be received;
And that staff
be authorized to finalize the preferred design concepts with GO Transit for
inclusion into the design-build contract;
And that staff
report back to General Committee in the spring of 2006 with an update on the
services to be relocated, total project costs, cost sharing, agreements,
financing, any additional 2006 Capital Budget requirements, conveyance of
easements and schedule in respect to the relocation of Town services.
(21) OTHER COMMITTEE PROCEEDINGS
- MINUTES OF GENERAL COMMITTEE
MEETING
- JANUARY 23, 2006 (16.0)
CARRIED
4(b) REPORT NO. 6 - DEVELOPMENT SERVICES
COMMITTEE
Council consented to separate Clauses (3, (4)
and (15 - item 26).
Moved by Councillor G. McKelvey
Seconded by Councillor J. Virgilio
That Report No. 6 - Development Services
Committee be received and adopted.
January 24, 2006
(1) MINTO MARKHAM PARTNERSHIP LTD.
NORTHWEST CORNER OF ROUGE PARK
DRIVE AND 9TH LINE
DRAFT PLAN OF SUBDIVSIION
(19TM-05015) TO PERMIT
12 DWELLINGS (SU 05 016171)
(10.5)
Report 1 2 3 4 Appendix A
That draft plan of subdivision 19TM-05015 (SU 05 016171) located at the
northwest corner of Rouge Bank Drive and 9th Line, proposed by Minto
Markham Partnership Ltd., be draft approved subject to the conditions outlined
in Appendix ‘A’ to the staff report dated January 24, 2006;
And that servicing allocation for 12 units be granted to Draft Plan of
Subdivision 19TM-05015 (SU 05 016171) as per Council’s November 29, 2005,
resolution;
And that the Region of York be advised of the servicing allocation for
this development;
And that the Town reserve the right to revoke or reallocate water and
sewage allocation at its sole discretion;
And that the applicant be required
to pay their proportionate share of the Hwy. 48 flow control measures, to the
satisfaction of the Director of Engineering;
And that the applicant provide to the Town the required payment of 30%
subdivision processing fees in accordance with the Town’s Fee By-law (By-law
2005-357).
(2) 14TH AVENUE WATERMAIN CONSTRUCTION
PROJECT
STATUS REPORT (5.4)
Report 1
That the report entitled “Status Report on the 14th
Avenue Watermain Construction Project” dated January 24, 2006 be received;
And that the Mayor and Clerk to be authorized to enter
into agreements with CN Rail, Hydro One and other external agencies as may be
required to implement the construction of the 14th Avenue watermain
project subject to the approval of the CAO and the Town Solicitor;
And that the Mayor and Clerk to be authorized to enter
into agreements to acquire easements as may be required to implement the
construction of the 14th Avenue watermain project subject to the
approval of the CAO and the Town Solicitor;
And that in
the event that staff are unable to come to an agreement with the property
owners for the acquisition of the required easements, staff be authorized to
apply for approval to expropriate easements on the lands;
And that an exemption to the Town’s Noise Control By-law # 2003-137 be approved to allow
construction of the watermain between Middlefield Road and Markham Road to
proceed 24 hours a day, 7 days a week from May 1 to December 31, 2006 subject
to traffic operations restrictions;
And that staff report back to Council with respect to including these
and other increased costs in updates to the existing development charge
by-laws;
And that the Finance and Engineering Departments report back to
Council on the impact of this project and other Engineering capital projects funded from
Development Charges on projected debt financing requirements;
And that staff be authorized and directed to do all things necessary to
give effect to these recommendations.
CARRIED
(3) BUTTONVILLE HERITAGE CONSERVATION
DISTRICT STUDY
AND PROPOSED DISTRICT
BOUNDARIES (16.11)
Report Attachments
That the report dated January 24, 2006,
entitled “Buttonville Heritage Conservation District Study and Proposed
Boundaries” be received;
And that the Buttonville Heritage
Conservation District Study and Plan Update Report be received and endorsed;
And that the boundaries for the Buttonville
Heritage Conservation District as proposed by the consultant team be approved;
And that the preparation of a Buttonville
Heritage Conservation District Plan proceed on the basis of these boundaries.
And that staff bring forward a report
recommending designation under Part IV
of the Ontario Heritage Act, for the Royal Bank property (with respect
to the older building on the property) and the cemetery lands.
CARRIED
(See following recorded vote)
(7:5)
YEAS: Mayor
D. Cousens, Regional Councillor B. O'Donnell, Councillor S. Daurio, Councillor
J. Virgilio, Councillor G. McKelvey, Councillor D. Horchik, Councillor A. Chiu.
(7)
NAYS: Deputy Mayor F.
Scarpitti, Regional Councillor J. Heath, Regional Councillor J. Jones,
Councillor E. Shapero, Councillor J. Webster. (5)
ABSENT: Councillor K. Usman. (1)
(4) COMMENTS ON THE PROPOSED GROWTH PLAN
FOR THE GREATER GOLDEN
HORSESHOE
– NOVEMBER 2005 (13.2)
Report 1
That the staff
report entitled “Comments on the Proposed Growth Plan for the Greater Golden
Horseshoe – November 2005” dated January 24, 2006 be received;
And that the Council of the Town of Markham
congratulate and commend the Province for their leadership and commitment to bringing forward a comprehensive
long-term provincial plan to guide municipalities in managing growth in the
Greater Golden Horseshoe;
And
that the Town of Markham support the Minister of Public Infrastructure Renewal
and the Ontario Growth Secretariat in the finalization and implementation of
the Growth Plan for the Greater Golden Horseshoe, as outlined and commented on
in this report;
And that Council advise the Province, through
the Minister of Public Infrastructure Renewal, that the growth contemplated in
the Growth Plan will only be viable with a significant and sustained Provincial
commitment to infrastructure funding, including funding for transit, and
financial policy reform;
And that Council request the Province,
through the Minister of Public Infrastructure Renewal, to make a commitment to
release for consultation, with municipalities and key stakeholders, a long
term, multi-year, sustainable provincial infrastructure investment strategy
identifying road, transit, piped and human services infrastructure investment
and natural heritage funding priorities, in support of implementation of the
Growth Plan policies;
And that Council request the Province,
through the Minister of Finance and the Minister of Municipal Affairs and
Housing to make a commitment to deliver new fiscal tools including Tax
Increment Financing (TIF) and permanent removal of tax capping in TIF areas,
and changes to the Development Charges Act, to assist municipalities with the
implementation of the growth plan policies, particularly as they relate to
intensification and development of higher order transit;
And that Council request the Province
(through the Minister of Public Infrastructure Renewal) and the Region of York
(through the Regional Commissioner of Planning) to make a
specific commitment to consult with Markham staff at the technical review stage
of the implementation analysis to ensure that:
·
the refinement
and allocation of growth forecasts and the assessment of the need and location
for future designated greenfield areas, and intensification areas within the
current “built boundary” to meet the 40% target, is properly linked to
essential infrastructure improvements and funding plans and fits with Markham’s
emerging growth management strategy;
·
the “built
boundary” accurately reflects all committed development and includes all lands
within the OPA No. 5 planning districts and along the Highway 7 regional
transit corridor; and,
the scope and
scale of Markham Centre and the delineation of its designated land area as
urban growth centre be based on developable land area, and not include natural
heritage features and areas where development is not permitted in accordance
with provincial plans and policies;
And that Council request the Province,
through the Minister of Public Infrastructure Renewal, to revise the Growth
Plan policies, or provisions of implementing Provincial legislation as they
relate to:
o
ensuring that the
Provincial commitment to implementation of the Rouge Park North, identified in
the Greenbelt Plan, is also confirmed in the Growth Plan;
o
providing for
municipal control over the phasing of development in new greenfield areas,
where these are designated to achieve conformity with the objectives of the
Growth Plan;
o
the 40%
intensification policies of the Growth Plan should be approved as a target, as
opposed to a minimum;
o
to incorporate
polices into the Growth Plan to ensure that determination of intensification
areas to address the 40% intensification target, will remain a matter for local
municipal policy-making and development approval;
o
extending the 3
year requirement for achieving conformity with the Growth Plan to 5 years for
lower tier municipalities, providing these municipalities have initiated and
advanced the conformity process within the first 3 years;
o
acknowledging the
need for corresponding improvements to the Ontario Building Code to achieve
greater energy efficiency for new building standards and sustainability in
building design in conjunction with intensification;
o
making a specific
commitment to consultation between lower tier municipalities, the Province and
upper tier municipalities in completing the technical review and sub-area
assessment; and
o
revising Schedule
4 – Urban Growth Centres to make correct reference to “Markham Centre” instead
of “Markham City Centre” as an urban growth centre;
And that Council request the Province,
through the Minister of Environment, to expedite the provincial response to the
Environmental Assessment (EA) Advisory panel’s recommendations on streamlining
the EA process for key infrastructure projects (ie. transit, roads, water and
wastewater) that support the Growth Plan for the Greater Golden Horseshoe;
And that Council request the Province,
through the Minister of Transportation, to fulfill its commitment to establish
a coordinating body for transportation planning, such as a Greater Toronto
Transportation Authority, to ensure coordination of road, transit and related
transportation infrastructure and services, particularly in regard to
infrastructure impacts across municipal boundaries and implement the
transportation initiatives of the Growth Plan for the Greater Golden Horseshoe,
and that the Province be requested to confirm that the continued development
and delivery of rail transit system serving the Greater Toronto Area is a
Provincial responsibility ;
And that Council endorse the aforementioned
staff report and submit it to the Province, along with the Council resolution,
as the Town of Markham’s comments on the Proposed Growth Plan for the Greater
Golden Horseshoe and Environmental Bill of Rights Registry No. XR05E0002;
And that the Clerk be requested to
forward a copy of this report to the Premier, the Minister of Public
Infrastructure Renewal, the Assistant Deputy Minister for the Ontario Growth
Secretariat, the Minister of Municipal Affairs and Housing, the Minister of
Finance, the Minister of Environment, the Minister of Transportation, York
Region MPPs, the Prime Minister elect, and York Region MPs elect and the Region
of York.
CARRIED AS AMENDED
(See following motion to amend)
Moved
by Councillor E. Shapero
Seconded by Deputy Mayor F. Scarpitti
That Clause (4), Paragraph 9, Section 6 be amended as
follows:
- Add "…for new building standards…" after the words
"…greater energy efficiency…".
- Add "…in building
design…" before the words "…in conjunction with
intensification;".
CARRIED
(5) MARKHAM MISSION TO CHINA AND NEXT STEPS (10.16)
Report
That the report entitled “Business Mission to China and
Next Steps” be received,
And that the Town re-affirm its commitment to
strengthening its economic development relations with China;
And that the Town authorize the Economic Development
Department to develop a 3-year alliance program with Beijing and with Wuhan and
one or two other cities, to be determined in consultation with the
Markham-China advisory group, to be based on the recommendations in this
report;
And that strategic proposal No. 5 in the report be
titled “An Economic Alliance Agreement Between
Wuhan People's Republic of China and Markham, Canada on the Establishment of Sister City Relation”;
And that staff
investigate pursuing involvement with the Maritime – China connection.
(6) PROCLAMATION
MARKHAM BOARD OF TRADE MONTH
(3.4)
That
the month of May, 2006, be proclaimed Markham Board of Trade Month in the Town
of Markham.
(7) 2006 ECONOMIC DEVELOPMENT MARKETING
PLAN (10.16)
Report 1 2
That the
report entitled “2006 Economic
Development Marketing Plan” be
received and endorsed;
And that approval be given to
fund the non-travel related projects described in this report from within the
2006 Economic Development Business
Development budget account #610-9985808, those projects being: key
initiatives/sponsored events to a maximum of $87,000; business conferences and
industry/trade shows to a maximum of $36,000; the economic alliance program to
a maximum of $25,000; and the production of advertising and promotional
materials and purchase of print ads to a maximum of $75,000 for a maximum total
of $223,000;
And that
approval be given to fund the business travel-related projects described in
this report from within the approved 2006 Economic
Development Business Travel budget account #610-9985201,
those projects being: business conferences and industry/trade shows to a
maximum of $4,000; and the business travel and economic alliance program to a
maximum of $18,000 for a maximum total of $22,000.
(8) KNOWLEDGE COMMUNITY SUB-COMMITTEE
(10.16)
Report 1 2
That the report entitled “Knowledge Community Sub-Committee” be
received,
And that the recommended Terms of Reference and 2006 implementation
program be approved,
And that the Director of Economic Development, the Director of the
Varley Gallery, and the CEO of Markham Public Libraries be authorized to work
with the Sub-Committee to implement the program,
And that Ms. E. Huggins be retained to guide the launch of “Creativity
& Innovation Week” April 15 – 21 in Markham
at a cost not to exceed $12,500 to be funded from within the 2006 Knowledge
Community capital account.
(9) ON-LINE BUSINESS DIRECTORY (10.16)
Report 2
That the
report entitled “Online Business Directory” be received;
And that the
business-to-business (B2B) community awareness program be implemented at a cost
not to exceed $8,000 to be funded from within Business Development account #
610-998 5808.
(10) MARKHAM LAVAL ECONOMIC ALLIANCE (YR. 2)
REPORT (10.16)
Report 1 2 3 4
That the report entitled “Markham-Laval
Economic Alliance 2005 (Yr. 2) Report” be received;
And that staff be approved to implement the proposed 2006 action plan
at a cost not to exceed $9,500 and to be funded through Economic
Development Capital account #086-6900-6775-005 and Economic
Development Business Travel Account 610-9985201.
(11) 1199394 ONTARIO LIMITED (LONGO’S FRUIT
MARKET)
3085 HIGHWAY 7, EAST OF
WOODBINE AVENUE
ZONING BY-LAW AMENDMENT
APPLICATION (ZA 05 015040) (10.5)
That the written submissions
from Aird & Berlis, representing Angelico Investments Inc., with comments
regarding the proposed Zoning By-law amendment, File ZA 05 015040, submitted by
1199394 Ontario Limited (Longo’s Fruit Market) for 3085 Highway 7, be received;
And that the Development
Services Commission report dates August 30, 2005 entitled “preliminary Report,
1199394 Ontario Limited (Longo’s Fruit Market), Rezoning Application for 3065
Highway 7, located at the southeast corner of Highway 7 and Woodbine Avenue (ZA
05 015040)” be received;
And that the record of the
Public Meeting held on January 24, 2006, be received;
And that the proposed
amendment to By-law 165-80 be enacted without further notice.
(12) NEAMSBY INVESTMENT INC., 95 DUFFIELD DRIVE
ZONING BY-LAW AMENDMENT AND
SITE PLAN APPROVAL
TO PERMIT A BANQUET HALL (ZA
05 024222, SC 05 022598) (10.5)
That the record of the Public
Meeting held on January 24, 2006, with respect to “Neamsby Investments Inc.,
Applications for Zoning By-law Amendment and Site Plan Approval to Permit at
Banquet Hall Facility at 95 Duffield Drive (ZA 05 02422 and SC 05 022598)” be received;
And that the Zoning By-law
Amendment application (ZA 05 024222) to amend By-law 108-81, as amended,
submitted by Neamsby Investments Inc. to permit a Banquet Hall Facility at 95
Duffield Drive, be approved and the draft Zoning By-law Amendment be enacted
without further notice.
(By-law 2006-13)
(13) 1625140 ONTARIO INC., (BRUNO SPINOSA)
6050 HIGHWAY 7 EAST, MARKHAM
VILLAGE HERITAGE
CONSERVATION DISTRICT, ZONING
AMENDMENT AND
SITE PLAN CONTROL (ZA 05 015302,
SC 05 015309) (10.5, 10.6)
That the Development Services
Commission report dated December 6, 2005 entitled “Preliminary Report, Zoning
Amendment and Site Plan Control, 1625140 Ontario Inc. (Bruno Spinosa), 6050
Highway 7 E., Markham Village HCD, ZA 05 015302 and SC 05 015309” be received;
And that the Record of the
Public Meeting held on January 24, 2006, with respect to the proposed
amendments to By-law 1229 be received;
And that the application by
162510 Ontario Inc. to amend By-law 1229 be approved;
And further that the proposed
amendment to By-law 1229 be enacted.
(14) 594607 ONTARIO LIMITED, MICHAEL
DELLI-BENEDETTI
32 (34) WASHINGTON ST, MARKHAM
VILLAGE HERITAGE DISTRICT
ZONING AMENDMENT ‑
ZONING USE CATEGORY (ZA 05 017696) (10.5)
That the deputations by Stephen
Reid, Jamie Lumsden, and Drew Atamanuk, with concerns regarding the
proposed Zoning By-law amendment, File
ZA 05 017696, submitted by 594607 Ontario Limited, Michael Delli-Benedetti, for
32 Washington Street, be received;
And that the Development
Services Commission report dated November 22, 2005 entitled “Preliminary
Report, Zoning Amendment – Zone Use Category, 594607 Ontario Limited, Michael
Delli-Benedetti, 32 Washington Street (renumbered 34 and 34a), Markham Village
HCD, ZA 05 017696” be received;
And that the Record of the
Public Meeting held on January 24, 2006, with respect to the proposed
amendments to By-law 1229 be received;
And that the application by
594607 Ontario Limited to amend By-law 1229 be approved;
And further that the proposed
amendment to By-law 1229 be enacted, once staff and the residents are satisfied
with the zoning and site plan applications.
(15) OTHER COMMITTEE PROCEEDINGS
- MINUTES OF DEVELOPMENT
SERVICES
COMMITTEE MEETING – JANUARY 24,
2006 (16.0)
CARRIED
(See Motion (1) for amendments to
Item 26
- Box Grove Hill Developments
Inc.)
5. MOTIONS
Council consented to add Motions (1) to (3).
(1) BOX
GROVE HILL DEVELOPMENTS INC.
6788 14TH AVENUE, BOX GROVE
COMMUNITY
SUBDIVISION AND ZONING BY-LAW
AMENDMENT
TO PERMIT 22 SINGLE-DETACHED
UNITS (19TM-050018)
(SU 05 023032, ZA 05 023033)
(10.5, 10.7)
Moved by Regional Councillor J.
Heath
Seconded by Councillor J.
Webster
That Clause 15, Item 26 of
Report No. 6 be amended to include the following paragraph:
"That staff report back to Development Services Committee as soon
as possible on opportunities and options and potential costs, if any, to provide
sewer connections to nearby homes in the current Box Grove."
CARRIED
(2/3rd vote to consider was
required and obtained)
(2) CONFEDERATION
OF GREATER TORONTO CHINESE
BUSINESS ASSOCIATION ANNUAL
GALA 2006 (12.2.6)
Moved by Deputy Mayor F.
Scarpitti
Seconded by Councillor J.
Virgilio
That approval be granted for any interested Councillors to attend the
Confederation of Greater Toronto Chinese Business Association Annual Gala 2006
at the Metro Toronto Convention Centre on Saturday, February 18, 2006 to a maximum cost of $1,000.
CARRIED
(2/3rd vote to consider was
required and obtained)
Moved by
Councillor G. McKelvey
Seconded by
Councillor J. Virgilio
That Council
resolve into an in-camera session to obtain a legal opinion.
CARRIED
Moved by Regional
Councillor B. O'Donnell
Seconded by
Councillor E. Shapero
That Council
rise and report.
CARRIED
(3) 1484766
ONTARIO LTD. (BLUE JAY DEVELOPMENTS LIMITED)
9 STATION LANE, UNIONVILLE
(STIVER MILL) (8.0)
Moved by Regional Councillor B.
O'Donnell
Seconded by Councillor J.
Virgilio
That the verbal report of the Town Solicitor advising of a settlement
of the Blue Jay Developments Limited agreement of purchase and sale for the
Stiver Mill, 9 Station Lane, Unionville, and that this matter is now concluded,
be received.
CARRIED
(2/3rd vote to consider was
required and obtained)
6. COMMUNICATIONS
Moved by
Councillor G. McKelvey
Seconded by
Regional Councillor B. O'Donnell
That Council
receive and consent to the disposition of communications in the following
manner:
Referred to all Members of
Council
7-2006 Association of
Municipality of Ontario - Forwarding a response to a December 20, 2005 letter
sent to all Heads of Council from the Municipal Affairs and Housing Minister
John Gerretsen regarding Bill 206, Ontario Municipal Employees Retirement
System Act (OMERS) (13.12.2 & 13.2.5)
Referred to Commissioner of Development
Services & Town Solicitor
8-2006 Ontario
Municipal Board - Forwarding an amended Decision to correct technical details for
the application submitted by Box Grove Hill Developments Inc. & Box Grove
North Inc. and Box Grove Centre Inc. to replace By-laws 2004-145 and 2004-146
attached to the Decision issued on November 3, 2005. (13.13)
9-2006 Region of York
- Forwarding an approval, with modifications, for Official Plan Amendment No.
103 (By-law 2003-115 - Town-initiated technical amendments). (13.4)
CARRIED
7. BY-LAWS
Moved by
Councillor A. Chiu
Seconded by
Councillor J. Virgilio
That By-laws 2006-12
to 2006-19 be given three readings and enacted.
Three Readings
BY-LAW 2006-12 A by-law to amend Traffic By-law 106-71, as amended (To include
all-way stop control at the intersection of Highglen Avenue and Fonda Road).
(Clause 15, Report No. 5, 2006)
BY-LAW 2006-13 A by-law to amend Zoning By-law 108-81, as amended (Neamsby
Investments Inc., 95 Duffield Drive - To permit a banquet Hall).
(Clause 12, Report No. 6, 2006)
BY-LAW 2006-14 A by-law to amend Municipal Law Enforcement Officers
Appointment By-law 2002-178 and Parking By-law 2005-188 (To update the list of
Officers and Private Property Enforcement Companies)
BY-LAW 2006-15 A by-law to dedicate certain lands as part of the highways of
the Town of Markham (Block 121, Plan 65M-3752 - River Valley Crescent).
BY-LAW 2006-16 A by-law to dedicate certain lands as part of the highways of
the Town of Markham (Blocks 97 and 105, Plan 65M-3188, Block 318, Plan 65M-3364
and Part of Lot 17, Concession 6, designated as Part 1, Plan 65R-28056 - The
Bridle Walk; Part of Lot 17, Concession 6, designated as Part 2, Plan 65R-19766
- Wilfred Murison).
BY-LAW 2006-17 A by-law to dedicate certain lands as part of the highways of
the Town of Markham (Block 2, Plan 65M-3813 and Block 73, 65M-3742 - Castlemore
Avenue).
BY-LAW 2006-18 A by-law to dedicate certain lands as part of the highways of
the Town of Markham (Block 38 (Stalmaster Road), Block 39 (Pamgrey Road) and
Block 40 (Swan Park Road), Plan 65M-3662).
BY-LAW 2006-19 A by-law to confirm the proceedings of the Council meeting of
January 31, 2006.
(Council Meeting No. 3, 2006)
CARRIED
8. ADJOURNMENT
Moved by Councillor A. Chiu
Seconded by Regional Councillor J. Heath
That the meeting do adjourn.
CARRIED
Council
adjourned at 7:52 p.m.
__________________________________ ___________________________________
SHEILA
BIRRELL, TOWN CLERK DON COUSENS, MAYOR
(Signed)