Logo

                                                                                                                                    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:

 

  1. Presentation from the York Region District School Board to General Committee on reason for discrepancy between percentage of schools and percentage of enrolment;
  2. Presentation from York Region District School Board to General Committee on the Board’s Capital Program for Markham; and
  3. 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)

 

That the General Committee minutes dated January 23, 2006 be received.

 

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)

 

That the Development Services Committee minutes dated January 24, 2006 be received.

 

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)

 

No Item Selected