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                                                                                                                                    2007-03-27

COUNCIL MINUTES  Council Chamber, Civic Centre

Meeting No. 6

 

ROLL CALL

Mayor F. Scarpitti, Deputy Mayor J. Jones, Regional Councillor J. Heath, Regional Councillor T. Wong, Regional Councillor G. Landon, Councillor V. Burke, Councillor E. Shapero, Councillor J. Virgilio, Councillor C. Moretti, Councillor J. Webster, Councillor D. Horchik, Councillor L. Kanapathi, Councillor A. Chiu. (13)

 

 

The Regular Meeting of Council was held on March 27, 2007 at 7:00 p.m. in the Council Chamber, Civic Centre.  Mayor F. Scarpitti presided.

 

 

STAFF

J. Livey, Chief Administrative Officer

J. Baird, Commissioner of Development Services

J. Sales, Commissioner of Community & Fire Services

A. Taylor, Commissioner of Corporate Services

S. Birrell, Town Clerk

K. Kitteringham, Deputy Clerk

C. Conrad, Town Solicitor

B. Cribbett, Treasurer

B. Nanninga, Executive Assistant

J. Wong, Technology Support Specialist

 

 

1.         DISCLOSURE OF PECUNIARY INTEREST

 

None declared.

 

 

 

2.         MINUTES

 

(1)        COUNCIL MINUTES - FEBRUARY 27, 2007

            Minutes

 

Moved by Councillor A. Chiu

Seconded by Deputy Mayor J. Jones

 

That the Minutes of the Council Meeting held on February 27, 2007, be adopted.

CARRIED

 


 

3.         DELEGATIONS

 

Council consented to add Delegations (1) to (4).

 

(1)        Peter Ross, on behalf of Vinegar Hill Ratepayer Association, addressed Council and spoke against the approval by the Development Services Committee of a site plan control application from Ter-Sky Developments Inc. for the relocation of the Archibald Barker House. (10.6)

 

(2)        David McBeth, addressed Council regarding the appointment of a Markham representative to the York Region Roadwatch Committee. (5.12)
(Clause 2, Report No. 16, 2007) (Communication No. 21-2007) (5.12)

 

(3)        Dianne More, on behalf of Markham Village Conservancy, addressed Council and spoke against the approval by the Development Services Committee of a site plan control application from Ter-Sky Developments Inc. for the relocation of the Archibald Barker House. (10.6)

 

(4)        Partap Dua addressed Council regarding the appointments to the Committee of Adjustment. (16.24)

            (Other Business 4)

 

 

 

4(a)      REPORT NO. 15 - GENERAL COMMITTEE

 

Moved by Councillor J. Virgilio

Seconded by Councillor D. Horchik

 

That Report No. 15 - General Committee (February 26, 2007) be received and adopted.

 

(1)        SPRING AND YEAR-ROUND LOAD RESTRICTIONS FOR THE
            TOWN OF MARKHAM’S ROAD NETWORK (5.10)

Report   Attachments

 

That the report titled “Spring and Year Round Load Restrictions for the Town of Markham’s Road Network” be received;

 

And that the gross weight of commercial vehicles be restricted to 5 tonnes per axle on all public highways under the jurisdiction of the Town of Markham, from March 1, 2007 to April 30, 2007, according to the attached by-law “Appendix A ”;

 

And that should adverse spring thaw conditions be encountered due to a harsh winter, at the discretion of the Director of Operations, the load restrictions be extended up to May 31, 2007 (up to four weeks);


 

And that the gross vehicle weight of commercial vehicles be restricted to 5 tonnes per axle for the hard surfaced Town roads listed in Appendix ‘B’, from March 1, 2007 to February 28, 2008, according to the attached by-law “Appendix B”;

 

And that according to the Highway Traffic Act Sec. 122(4) the restrictions would exempt vehicles operated by or on behalf of the municipality and school busses;

 

And that the Director of Operations be authorized to grant exemptions to the By-law to permit heavy vehicular loads, at his discretion;

 

And that Staff be authorized and directed to do all things necessary to give effect to this resolution.

(By-laws 2007-37 and 2007-38)

CARRIED

 

 

(2)        DOG OFF-LEASH TERMS OF REFERENCE REPORT (3.0, 16.0)

            Report   Attachments

 

That the staff report dated February 5, 2007, entitled “Dog Off-Leash Terms of Reference Report” be received;

 

And that Council adopt the “Leash Free Markham Committee Terms of Reference 2007” attached as Appendix “A” which is based on the Council approved “Town of Markham Parks Department Guidelines for Permanent Dog off-Leash Areas”;

 

And that the Leash Free Markham Committee Terms of Reference 2007 be used to govern the Leash Free Markham Committee and the operation of Dog Off-Leash Areas;

 

And that ex-Councillor S. Daurio, Town staff, Council and local residents be thanked for their commitment to this project;

 

And that Staff be authorized and directed to do all things necessary to give effect to this resolution.

CARRIED

 

 

(3)        TRAFFIC CONTROL SIGNALS – PROPOSED BY-LAW
            AMENDMENTS (5.12.1)

Report  By-law   Map

 

That the report entitled “Traffic Control Signals – Proposed By-Law Amendments” be received;


 

And that the attached by-law to amend Schedule 19 of Traffic By-law 106-71, pertaining to “Traffic Control Signals”, by including the following intersections be enacted:

 

- YMCA Boulevard & Rivis Road,

            - Town Centre Boulevard & Cox Boulevard,

            - Green Lane & Thornhill Square Driveway,

            - Alden Road & Bentley Street,

            - Middlefield Road & Highglen Avenue,

- Commerce Valley Drive West & South Park Road;

 

And that the attached by-law to amend Schedule 19 of Traffic By-law 106-71, pertaining to “Traffic Control Signals”, by rescinding the traffic control signal at Green Lane and the south driveway of the Landmark of Thornhill be enacted;

 

And that the attached by-law to amend Schedule 12 of Traffic By-law 106-71, pertaining to “Compulsory Stops”, by rescinding the stop control at the following intersections be enacted:

 

- Middlefield Road and Highglen Avenue,

- Commerce Valley Drive West and South Park Road;

 

And that the amended by-laws shall come into force and effect when the authorized traffic control signals have been energized;

 

And that Staff be authorized and directed to do all things necessary to give effect to this resolution.

(By-law 2007-39)

CARRIED

 

 

(4)        HIGHWAY 407 EAST PARTIAL EXTENSION WIDENING
            FROM MARKHAM ROAD TO REGIONAL ROAD 30 (5.10)

            Attachment

 

That the letter dated January 12, 2007 from Mr. I. Upjohn, Principal Planner, SNC-Lavalin Engineers and Constructors, to Mr. A. Brown, Director of Engineering, providing notice of a public information session regarding the Highway 407 East Partial Extension widening from Markham Road to Regional Road 30 be received;

 

And that Council request that 407ETR construct, at its own cost, westbound entry ramps to Highway 407 at Ninth Line and Markham By-Pass as part of the expansion of Highway 407.

 

CARRIED

 

 


 

4(b)      REPORT NO. 16 - GENERAL COMMITTEE

 

Council consented to separate Clause (2).

 

Moved by Councillor J. Virgilio

Seconded by Councillor L. Kanapathi

 

That Report No. 16 - General Committee (March 5, 2007) be received and adopted.

 

(1)        WEDDING PHOTOS – UNIONVILLE MAIN STREET (2.0, 6.3)

Report

 

That a By-law be enacted to permit use of public property for Wedding Photography;

 

And that a By-law be enacted to amend By-law 167-92, a By-law regarding the management and regulation of parks within the Town of Markham, to permit wedding photography;

 

And that Fee By-law 2002-276 be amended to provide for a fee for a permit to conduct the activities of wedding photography on public property;

 

And that Staff be authorized and directed to do all things necessary to give effect to this resolution.

CARRIED

 

 

(2)        YORK REGION ROADWATCH COMMITTEE (5.12)

            Email

 

That Councillor J. Virgilio be appointed as the Markham representative to the York Region Roadwatch Committee.

DEFERRED

(See following motion to defer)

 

            Moved by Councillor J. Virgilio

            Seconded by Regional Councillor G. Landon

 

            That Clause (2) be referred back to staff for preparation of a memorandum to the General Committee reviewing the status of the Roadwatch Committee as well as Mr. McBeth’s comments.

CARRIED

 

 


 

4(c)      REPORT NO. 17 - DEVELOPMENT SERVICES COMMITTEE

 

Moved by Deputy Mayor J. Jones

Seconded by Councillor J. Webster

 

That Report No. 17 - Development Services Committee (March 6, 2007) b received and adopted.

 

(1)        BOX GROVE NORTH INC.
            REVIEW OF THE NEED FOR A PEDESTRIAN BRIDGE
            OVER THE 9TH LINE TRIBUTARY TO THE PROPOSED
            SHOPPING CENTRE AT THE N/E CORNER OF 9TH LINE BY-PASS
            AND COPPER CREEK DRIVE (SC 06 108718) (10.6)

            Report  Atts

 

That the report dated March 6, 2007, entitled, “Review of the need for a pedestrian bridge over the 9th Line tributary to the proposed shopping centre at the N/E corner of 9th Line By-pass and Copper Creek Drive,” be received;

 

And that a pedestrian bridge not be required.

CARRIED

 

 

 

4(d)      REPORT NO. 18 - DEVELOPMENT SERVICES PUBLIC MEETING

 

Council consented to separate Clause (1).

 

Moved by Deputy Mayor J. Jones

Seconded by Councillor J. Webster

 

That Report No. 18 - Development Services Public Meeting (March 6, 2007) be received and adopted.

 

(1)        UNIONVILLE MONTESSORI SCHOOL
            9322 KENNEDY ROAD, OFFICIAL PLAN
            AND ZONING BY-LAW
            AMENDMENTS, AND SITE PLAN APPROVAL TO PERMIT
            EXPANSION OF EXISTING MONTESSORI SCHOOL
            (OP 06 128453, ZA 06 128692, SC 06 128697) (10.3, 10.5, 10.6)

            Report  Attachment 

 

That the report from the Development Services Commission dated February 6, 2007, titled “Unionville Montessori School, Application for Official Plan Amendment, Zoning By-law and Site Plan Approval to Permit the Expansion of the Existing Montessori School, 9322 Kennedy Road,” be received;


 

And that the Record of the Public Meeting held on March 6, 2007, with respect to the proposed amendments to By-laws 304-87 and 177-96, as amended, be received;

 

And that the applications by the Unionville Montessori School to amend the Official Plan and By-laws 304-87 and 177-96, as amended, be approved;

 

And that the proposed Official Plan Amendment and amendment to By-laws 304-87 and 177-96, as amended, be enacted without further notice;

 

And that staff be directed to take all necessary steps to ensure a suitable tree preservation plan and implementation program is in place relative to this application.

 

CARRIED AS AMENDED

(See following motion to amend)

 

            Moved by Regional Councillor T. Wong

            Seconded by Councillor V. Burke

 

            That Clause (1) be amended to add the following paragraph:

 

                        "And that staff be directed to take all necessary steps to ensure a suitable tree preservation plan and implementation program is in place relative to this application."

CARRIED

 

 

 

4(e)      REPORT NO. 19 - GENERAL COMMITTEE

 

Moved by Councillor J. Virgilio

Seconded by Councillor A. Chiu

 

That Report No. 19 - General Committee (March 19, 2007) be received and adopted.

 

(1)        CHARACTER COMMUNITY PROGRAM (12.0)

            Presentation

 

That the presentation by Mr. R. Bullis, Facility Coordinator, regarding the Character Community program be received;

 

And that the proposed $15,000 for Character Community initiatives including promotions, guest speakers for staff and the Tony Roman character trophies be approved;

 

And that the proposed $10,000 to the Markham Sport Council be referred to the Grants Subcommittee for further review and a report back to the next General Committee meeting.

 

CARRIED


 

 

(2)        MINUTES OF THE FEBRUARY 26, 2007 MEETING OF THE
            VARLEY-McKAY ART FOUNDATION (3.0)

            Minutes

 

That the minutes of the February 26, 2007 meeting of the Varley-McKay Art Foundation be received;

 

And that the following recommendation by the Varley-McKay Art Foundation at its February 26, 2007 meeting be approved:

 

Whereas the Arts and Letters Club of Toronto will be presenting an exhibition at the Varley Art Gallery in 2008;

 

And, whereas Fred Varley and all of the Group of Seven artists were Members of the Club;

 

That, Council be requested to grant approval for the Varley-McKay Art Foundation of Markham Board to hold the April meeting at the Arts and Letters Club in downtown Toronto, at the expense of Foundation Members.

CARRIED

 

 

(3)        LIMOUSINE LICENSING BY-LAW (2.0)

            Report

 

That a public consultation meeting be held on May 1, 2007, at 5:30 p.m. and residents and both the limousine and taxi industries be invited to attend and provide input into possible revisions to the current by-law to allow owners of limousines the ability to plate limousines they do not own, and for two-way radios in the vehicles;

 

And that Staff be authorized and directed to do all things necessary to give effect to this resolution.

CARRIED

 

 

(4)        SUMMARY OF 2006 REMUNERATION AND EXPENSES OF
            COUNCILLORS AND APPOINTEES TO BOARDS AND OTHER
            BODIES FOR THE PERIOD JANUARY 1, 2006
            TO DECEMBER 31, 2006 (7.0)

            Report      Attachment  

 

That Council receive for information the March 19, 2007 report entitled “Summary of 2006 Remuneration and Expenses of Councillors and Appointees to Boards and other Bodies for the Period January 1, 2006 to December 31, 2006”;


 

And that staff be authorized and directed to do all things necessary to give effect to this resolution.

CARRIED

 

 

(5)        APPROVAL OF REVISED BUDGET SCHEDULE (7.4)

            Report

 

That the report dated March 19, 2007 entitled, “Approval of Revised Budget Schedule” be received;

 

And that the revised budget schedule, as shown in Table 2 of this report, be approved;

 

And that Staff be authorized and directed to do all things necessary to give effect to this resolution.

CARRIED

 

 

(6)        MARKHAM ENVIRONMENTAL SUSTAINABILITY FUND (3.0)

            Report      Attachment  

 

That staff report titled “Markham Environmental Sustainability Fund – Spring Funding”, dated February 27, 2007 be received;

 

That Council approve funding for Town-initiated and Community Projects and fund promotion as evaluated and recommended by staff and the Environmental Issues Committee as set out in this report, in the amount of  $29,557.10 as follows:

 

Town-Initiated Projects

-         Karen Boniface, Technical Co-ordinator, Parks Department - $5,906 for Adopt-A-Park - Community Support and Awareness Program

 

Community Projects

-           Pomona Mills Conservationists Inc. - $3,601.10 for a Cleanup/Planting and Signage Program;

-           Unionville Villager’s Association - $10,000 for Aerial Pathway Signage;

-           10,000 Trees for the Rouge Valley - $5,250 for a Wildlife Habitat Restoration (including a 5% administration fee for TRCA);

-           St. Justin Martyr Council, Knights of Columbus - $4,800 for interpretative signage (2 signs);

 

            to be funded from the Markham Environmental Sustainability Fund (MESF), Account #87 2800168;


 

And that North American Native Plant Society’s request for $10,000 for a native garden, signage (2 signs) and brochure be deferred as requested by the applicant and Staff;

 

And that staff report back on the potential to create a separate program that would consider condominium and business building retrofit applications using the following criteria:

 

-           Establish a minimum level of efficiency to be achieved through the retrofit;

-           Applicant must prove Energy Audit prepared by a qualified Heating Ventilation and Air Conditioning professional;

-           Corporation must provide an MOU to ensure emissions credits will go to the municipality;

-           Funding to be provided after equipment installed and operating at the anticipated level of efficiency, as certified by the HVAC professional

            -           Retrofit projects must serve a minimum number of building units

 

And that the application by Mr. D. Hortin on behalf of the Walden Pond II Condominium Complex for $10,000 to partially fund the installation of a high efficiency boiler retrofit be deferred until such time that staff bring back this report;

 

And that Council approve $1,550 for the purchase of small trees for: distribution to Markham volunteers to recognize their efforts and encourage tree planting; and for MESF labels to promote the fund as outlined in this report, to be funded from the Markham Environmental Sustainability Fund (MESF), Account #87 2800168;

 

And that the Mayor and Clerk be authorized to enter into a memorandum of understanding with 10,000 Trees and TRCA for the transfer and administration of the MESF funding on behalf of the Town, in a form satisfactory to the Town Solicitor;

 

And that Staff be authorized to do all things necessary to give effect to the above.

CARRIED

 

 

(7)        PERMITTED FIELD AGREEMENT (3.0, 6.4)

            Report   Attachment

 

That the staff report dated February 21, 2007, entitled “Permitted Fields Agreement Report” be received;

 

And that the Mayor and Clerk be authorized to execute the “Permitted Fields Agreement” between the Town and York Region District School Board included as Attachment A, in a form satisfactory to the Town Solicitor and the Commissioner, Community & Fire Services;

 

And that the Town no longer permit and maintain York Region District School Board (Y.R.D.S.B.) Elementary School athletic fields;


 

And that the Town’s Sports Field Coordinator notify any permitted users of Y.R.D.S.B. Elementary fields in writing that they are required to contact the York Region District School Board to secure permits on these fields;

 

And that the Director of Strategic Services be authorized to approve the list of playing fields the Town wishes to use on an annual basis and to execute any amendments to the Permitted Fields Agreement required to give effect thereto;

 

And that Staff be authorized and directed to do all things necessary to give effect to this resolution;

 

And that Staff report back in 2008 with a review of Secondary School and Elementary School field usage after the 2007 season.

CARRIED

 

 

(8)        YRDSB MARKHAM CENTRE SECONDARY SCHOOL
            FOR ATHLETICS & HEALTHY LIVING – OUTDOOR
            FIELDS (3.0, 6.4, 13.6)

            Report      Attachment

 

That the report titled York Region District School Board (YRDSB) – Markham Centre Secondary School for Athletics & Healthy Active Living – Outdoor Sports Fields be received;

 

And that funds be approved to an upset limit of $2 million to upgrade two planned natural turf sports fields to artificial turf, to provide lights for all three fields, increases in size of the maintenance and washroom building and equipment, in partnership with YRDSB at the School for Athletics & Healthy Active Living.

 

And that the $2 million required for this project be funded from Development Charges, 90% of $1.8 million, and the Ramp-Up Reserve, 10% or $0.2 million.

 

And that the Director, Strategic Services be authorized to negotiate a Joint Use & Maintenance Agreement for the sports fields with YRDSB;

 

And that Staff be authorized and directed to do all things necessary to give effect to this resolution.

CARRIED

 

 


 

4(f)      REPORT NO. 20 - DEVELOPMENT SERVICES COMMITTEE

 

Council consented to separate Clause (3).

 

Moved by Deputy Mayor J. Jones

Seconded by Councillor J. Webster

 

That Report No. 20 - Development Services Committee (March 20, 2007) be received and adopted.

 

(1)        REQUEST FOR VARIANCE TO THE FENCE BY-LAW 277-97
            AS AMENDED, FOR 9580 WOODBINE AVENUE (2.19)

            Report  Attachment 

 

That the report entitled, “Request for Variance to the Fence By-Law 277-97, as amended, for 9580 Woodbine Avenue” be received;

 

And that the request to grant relief from the provisions of the Fence By-Law 277-97, as amended, to permit a 1.5m (5ft.) high decorative iron fence in a front and exterior flankage side yard of the church, whereas the By-Law limits the fence height in the front yard and exterior flankage side yard to 1.2m (4ft.), be approved subject to the following conditions:

 

  1. The fence design is to be consistent with the detail submitted. (Figure 4);
  2. Entry gates must provide a minimum 6.0 meter clear width for fire truck access;
  3. No lock is allowed to be installed as an internally integrated component of the gate system.  The gates may only be chained, in order that the chain/lock may be cut by the Fire Department in the event of an emergency;
  4. Entry gates can be closed only when there is no occupancy in the building;

 

And that Staff be authorized and directed to do all things necessary to give effect to this resolution.

CARRIED

 

 

(2)        ACCEPTANCE FOR MAINTENANCE OF
RESIDENTIAL SUBDIVISIONS
REGISTERED PLAN NUMBERS 65M-3567, 65M-3601,
65M-3671, 65M3279 AND 65M-3707 (10.7)

            Report  Attachment  

 

That the report entitled “Acceptance for Maintenance of Residential Subdivisions Registered Plan Numbers 65M-3567, 65M-3601, 65M-3671, 65M-3279 and 65M-3707,” dated March 20, 2007, be received;

 

And that the services in Subdivision Registered Plan Number 65M-3567, 65M-3601, 65M-3671, 65M-3279 and 65M-3707 be Accepted for Maintenance;


 

And that by-laws be enacted by Council to accept these subdivisions and to establish each of the roads within the residential subdivisions as a public highway of the Town of Markham;

 

And that the Community Services Commission accept the responsibility for operating and maintaining the infrastructure within the subdivisions as part of the Town’s system;

 

And that acceptance of the subdivision be taken into consideration in future operating budgets;

 

And that the by-law to amend Schedule ‘12’ of Traffic By-law #106-71, by including compulsory stop to the indicated streets, be approved;

 

And that the by-law to amend Schedule ‘A’ of the Speed By-law #105-71, by including a maximum speed of 40 kilometres per hour for the streets indicated, be approved;

 

And that the Mayor and Clerk be authorized to execute the necessary releases from the terms of the Subdivision Agreements, subject to confirmation from the Director of Engineering that the final two year guarantee periods have been completed;

 

And that Staff be authorized and directed to do all things necessary to give effect to these resolutions.

(By-laws 2007-40 to 2007-46)

CARRIED

 

 

(3)        MATRUNDOLA, BLACKMORE, PACITTO AND RIZZI
NORTH OF EDWARD JEFFREYS AVENUE,
WEST OF HIGHWAY 48, WISMER COMMONS COMMUNITY
PROPOSED PLAN OF SUBDIVISION AND IMPLEMENTING
ZONING BY-LAW AMENDMENTS
(SU 02 111460 (19TM-95081) ZA 02 111457) (10.5, 10.7)

            Report  Att1  Att2  Att3  Att4  Correspondence RevisionMemo

 

That the letter from Next Property Group, dated March 14, 2007, regarding draft plan of subdivision 19TM-95081 and requesting amendments to the proposed conditions for draft approval, be received;

 

That the memo dated March 27, 2007 from the Development Manager, East District, outlining the revisions to the woodlot conditions, be received;

 

And that draft plan of subdivision 19TM-95081 (Phase 1) by Matrundola, Blackmore, Pacitto and Rizzi, located within the Wismer Commons Community, be draft approved subject to the conditions of draft approval outlined in Appendix ‘A’, as revised;

 

And that the application submitted by Matrundola, Blackmore, Pacitto and Rizzi to amend Zoning By-laws 304-87 and 177-76, as amended, be approved for the residential portion of Phase 1 (67 units) of plan of subdivision 19TM-95081, and the draft by-laws attached as  Appendices ‘B’ and ‘C’, be finalized and enacted; 

 

And that servicing allocation for 61 units be granted to plan of subdivision 19TM-95081 (Phase 1) from the total allocation for the Wismer Commons Community, assigned in accordance with the June 20, 2006 report on servicing allocation;

 

And that servicing allocation for an additional six (6) units be granted to plan of subdivision 19TM-95081 (Phase 1) out of the Town’s reserve;

 

And that the Town reserves the right to revoke or reallocate the servicing allocation should the development not proceed in a timely manner;

 

And that the Region of York be advised of the servicing allocation for this development;

 

And that the applicant provide to the Town the 30% payment of the required subdivision processing fees in accordance with the Town’s Fee By-law (By-law 211-83, as amended by By-law 2007-15);

 

And further that the draft plan of subdivision approval will lapse after a period of three years commencing March 27, 2007 in the event that a subdivision agreement is not executed within that period;

 

And that Staff be authorized and directed to do all things necessary to give effect to this resolution.

(By-laws 2007-47 and 2007-48)

CARRIED AS AMENDED

(See following motion to amend)

 

            Moved by Deputy Mayor J. Jones

            Seconded by Councillor J. Webster

 

            That Clause (3) be amended to add the words "…as revised" in paragraph three, after the words "…approval outlined in Appendix 'A'…", and to add the following after paragraph one:

 

                        "That the memo dated March 27, 2007 from the Development Manager, East District, outlining the revisions to the woodlot conditions, be received;"

 

CARRIED

 


 

(4)        COMMERCIAL FAÇADE IMPROVEMENT
GRANT ELIGIBILITY
EMERGENCY STOREFRONT REPAIR AND RESTORATION
HAMID IMANI 7705-7707 YONGE STREET
THORNHILL HERITAGE CONSERVATION DISTRICT (10.0)

            Report  Attachment 

 

That Council permit the owner of 7705-7707 Yonge Street to be eligible for the Markham Commercial Façade Improvement Grant Program prior to the regular application deadline date of May 1, 2007, due to the unique circumstances under which the storefront must be repaired, and the exceptional architectural and historical significance of this Yonge St. property;

 

And that the application be processed for early approval subject to the applicant meeting all other applicable requirements;

 

And that the Mayor and the Clerk be authorized to execute a Heritage Conservation Easement Agreement between the property owners of 7705-7707 Yonge St. and the Town;

 

And that the grant be funded through the Development Services (Heritage) Capital Accounts up to the maximum of $15,000.00;

 

And that Staff be authorized and directed to do all things necessary to give effect to this resolution.

CARRIED

 

 

 

5.         MOTIONS

 

Council consented to add Motion (1).

 

(1)        DELEGATIONS REGARDING
            THE RELOCATION OF ARCHIBALD BARKER HOUSE
            (TER-SKY DEVELOPMENTS INC.)  (10.6)

 

Moved by Councillor J. Webster

Seconded by Councillor E. Shapero

 

That the delegations of Peter Ross, on behalf of Vinegar Hill Ratepayer Association and Dianne More, on behalf of Markham Village Conservancy, with respect to the approval by the Development Services Committee of a site plan control application from Ter-Sky Developments Inc. for the relocation of the Archibald Barker House be received.

 

CARRIED

(See following motion which was lost)


 

            Moved by Regional Councillor J. Heath

            Seconded by Regional Councillor T. Wong

 

            That the matter with respect to the approval by the Development Services Committee of a site plan control application from Ter-Sky Developments Inc. for the relocation of the Archibald Barker House be brought forward for consideration by Council at this time.

 

LOST

 

 

 

6.         COMMUNICATIONS

 

Council consented to add Communications 20-2007 and 21-2007.

 

Moved by Councillor A. Chiu

Seconded by Councillor C. Moretti

 

That Council receive and consent to the disposition of communications in the following manner:

 

Received

16-2007           Jim Bradley, Minister Responsible for Seniors - Forwarding nominations for the 2007 Senior of the Year Awards.  The deadline for submission is April 30, 2007. (13.2)

                        Letter

 

Referred to all Members of Council

17-2007           Town of Markham - Forwarding a request to close following streets on July 1, 2007 to facilitate the Canada Day Celebrations being held at Milne Park:
- McCowan Road from Bullock Drive to South Unionville Drive - 3:00 p.m. to 4:30 p.m.
- McCowan Road from Highway 7 to South Unionville Drive - 8:30 p.m. to 11:30 p.m. (3.5) (By-law 2007-49)

                        Info

 

18-2007           Markham Village BIA - Forwarding a request to close Robinson Street, from 138 west to 132, between 6:00 a.m. and 2:00 p.m. during the dates noted below to facilitate the Farmer's Market:
- May 12, 19 & 26
- June 2, 9, 16, 23 & 30
- July 7, 14, 21 & 28
- August 4, 11, 18 & 25
- September 1, 8, 15, 22 & 29
- October 6 & 13 (3.5) (By-law 2007-50)

                        Info


 

19-2007           Commissioner of Development Services - Providing an update regarding the Hold removal for Calloway REIT (Woodside II) Inc., LaZ-Boy, 3075 Highway 7.
(10.5) (By-law 2007-55)

                        Memo 

 

20-2007           Commissioner of Development Services - Providing an explanation and recommending the approval of the proposed Hold Removal By-law for Ruland Properties Inc., north of Enterprise Boulevard, east of Rouge Valley Drive, Part of Lots 8 & 9, Concession 5. (10.5)
(By-law 2007-58)

                        Report

 

Referred to Commissioner of Development Services

21-2007           David McBeth - Forwarding information regarding the status of the York Region Roadwatch Committee. (5.12)

                        Letter 

 

CARRIED

 

 

 

7.         PROCLAMATION

 

Moved by Regional Councillor T. Wong

Seconded by Councillor D. Horchik

 

That Proclamation (1) be received and adopted.

 

(1)        PROCLAMATIONS (3.4)

            Info

 

That the following be proclaimed in the Town of Markham:

- Day of Mourning for workers killed or injured on the job - April 28, 2007

- Parkinson's Disease Awareness Month - April 2007

- National Volunteer Week - April 15 to 21, 2007

- Asian Heritage Month - Month of May in each year

- National Fibromyalgia and Chronic Fatigue Syndrome Awareness Day - May 12, 2007

- National Missing Children's Day - May 25, 2007

- Green Ribbon of Hope Month - May 2007

 

And that the Corporate Communications Department be requested to publish the above proclamations in the local newspapers;

 

And that the flags at the Markham Civic Centre be lowered to half mast on April 28, 2007 to commemorate the Day of Mourning for workers killed or injured on the job.

CARRIED

 


 

 

8.         OTHER BUSINESS

 

Council consented to add Other Business (3) to (5).

 

That Other Business (1) to (5) be received and adopted.

 

(1)        LICENSING HEARING 07-1
            - TAXI OWNER’S LICENCE (2.23)

 

That a taxi driver be allowed to retain his place on the Priority List for a taxi owner’s licence subject to the following conditions:

·          That he complete an English as a Second language course within four (4) months of the decision of Council;

·          That he pass the taxi driver’s examination with a grade of at least 80% in order to obtain a taxi driver’s licence within six (6) months of the decision of Council;

·          That he otherwise comply with the requirements of Taxi Licensing By-law 2002-308;

 

And that pursuant to section 25(1) of the Statutory Powers Procedure Act, this decision not be stayed by any appeal of this decision that may be instituted in the courts.

CARRIED

 

 

(2)        LICENSING HEARING 07-2
            - TAXI OWNER’S LICENCE (2.23)

 

That a Taxi Owner’s Licence be extended for a period of two (2) months from the date of Council’s decision to allow the license holder to complete a transfer of the licence to a suitable candidate in accordance with section 4.9 of the Taxi Licensing By-law 2002-308;

 

And that the licence be cancelled if it is not transferred within that time;

 

And that pursuant to section 25(1) of the Statutory Powers Procedure Act, this decision not be stayed by any appeal of this decision that may be instituted in the courts.

CARRIED

 

 

(3)        AMENDMENT TO CONDITIONS OF SITE PLAN APPROVAL
            COSTCO WHOLESALE (CANADA) LTD.
            65 KIRKHAM DRIVE (10.6)

            Report AttA

 

That the report entitled “Amendment to conditions of Site Plan Approval Costco Wholesale (Canada) Ltd., 65 Kirkham Drive” be received;


 

That Condition 4(b) of the conditions of endorsement of the Site Plan for Costco Wholesale (Canada) Ltd. at 65 Kirkham Drive, be deleted;

 

And that Staff be authorized and directed to do all things necessary to give effect to this resolution.

CARRIED

 

 

(4)        ADVISORY COMMITTEE APPOINTMENTS (16.24)

 

That the following persons be appointed to the Advisory Committee on Accessibility for the term ending November 30, 2010:

 

Leila Abboud

Vito Bigioni

Carl Bodnar

Ted Chivers

Prescott Harrison

Robert Hunn

Sidney Polak

Carole Robertson, Representative from Alliance for Equality of Blind Canadians

Bill Broger, Representative from Participation House;

 

And that the following persons be appointed to the Committee of Adjustment for the term ending November 30, 2010:

 

Keith Daunt
Philip Gunn
Loretta Polsinelli
Bruno Tucciarone
Khalid Usman;

 

And that the following persons be appointed to the Markham Public Art Advisory Committee for the term expiring November 30, 2009:

 

Matthew Korchinski

Sean Colangelo;

 

And that the following resignation for the Markham Public Art Advisory Committee be accepted with regret and a letter of appreciation be forwarded:

 

Deborah Castello

Kelly McLeod.

CARRIED

 


 

(5)        FEDERATION OF CANADIAN MUNICIPALITIES
            ANNUAL CONFERENCE AND MUNICIPAL EXPO
            JUNE 1-4, 2007 - CALGARY, ALBERTA (13.5.12)

 

That any Members of Council interested in attending the Federation of Canadian Municipalities (FCM) Annual Conference and Municipal Expo being held from June 1 to 4, 2007 at the Calgary TELUS Convention Centre, Calgary Alberta be permitted to do so, with authorized expenses to be paid in accordance with Town Policy.

 

CARRIED

 

 

 

9.         BY-LAWS

 

Council consented to add By-laws 2007-57 and 2007-58.

 

Moved by Councillor A. Chiu

Seconded by Councillor D. Horchik

 

That By-laws 2007-37 to 2007-55 and By-laws 2007-57 and 2007-58 be given three readings and enacted.

 

Three Readings

 

BY-LAW 2007-37      A by-law to provide for load restriction limiting loads to 5 tonnes per axle on all public highways in the Town of Markham from March 1, 2007 to April 30, 2007.
(Clause 1, Report No. 15, 2007)

                                    By-law

 

BY-LAW 2007-38      A by-law to provide year-round load restriction limiting loads to 5 tonnes per axle on all Town's rural roads from March 1, 2007 to February 28, 2008.
(Clause 1, Report No. 15, 2007)

                                    By-law


 

BY-LAW 2007-39      A by-law to amend Traffic By-law 106-71 (Add traffic control signals at:  YMCA Boulevard & Rivis Road, Town Centre Boulevard & Cox Boulevard, Green Lane & Thornhill Square Driveway, Alden Road & Bentley Street, Middlefield Road & Highglen Avenue, Commerce Valley Drive West & South Park Road; Rescind traffic control signals at Green Lane & the south driveway of the Landmark of Thornhill; Rescind stop controls at: Middlefield Road and Highglen Avenue, Commerce Valley Drive West and South Park Road).
(Clause 3, Report No. 15, 2007)

                                    By-law 

 

BY-LAW 2007-40      A by-law to amend Traffic By-law 106-71 (65M-3567, 65M-3601,
65M-3671, 65M-3279 and 65M-3707 - To include compulsory stops).
(Clause 2, Report No. 20, 2007)

                                    By-law

 

BY-LAW 2007-41      A by-law to amend Speed By-law 105-71 (65M-3567, 65M-3601,
65M-3671, 65M-3279 and 65M-3707 - To define a maximum speed of 40 kilometers per hour).
(Clause 2, Report No. 20, 2007)

                                    By-law

 

BY-LAW 2007-42      A by-law to establish streets laid out according to Plan of Subdivision 65M-3567 as public highway (Amber Plan Investments Limited, Part of Lot 18, Concession 7 - Lampton Crescent, Moscan Street, Fred McLaren Boulevard and Oscar Drive).
(Clause 2, Report No. 20, 2007)

                                    By-law 

 

BY-LAW 2007-43      A by-law to establish streets laid out according to Plan of Subdivision 65M-3601 as public highway (Amber Plan Investments Limited, Part of Lot 18, Concession 7 - Davidoff Street, Comeau Street, Vacchia Street, Omega Street, Oscar Drive and Lane A).
(Clause 2, Report No. 20, 2007)

                                    By-law

 

BY-LAW 2007-44      A by-law to establish streets laid out according to Plan of Subdivision 65M-3671 as public highway (Amber Plan Investments Limited, Part of Lot 18, Concession 7 - Lane A).
(Clause 2, Report No. 20, 2007)

                                    By-law

 

BY-LAW 2007-45      A by-law to establish streets laid out according to Plan of Subdivision 65M-3279 as public highway (Forest Bay Homes Ltd., Part of Lot 4, Concession 7 - Apollo Road, Stella Drive and Brando Avenue).
(Clause 2, Report No. 20, 2007)

                                    By-law


 

BY-LAW 2007-46      A by-law to establish streets laid out according to Plan of Subdivision 65M-3707 as public highway (Eden Oak (Unionville) Inc., Part of Lot 8, Concession 6 - Caboto Trail, Raintree Drive, Anita Drive, Rembrandt Drive, Via Jessica Drive and Laneway A).
(Clause 2, Report No. 20, 2007)

                                    By-law 

 

BY-LAW 2007-47      A by-law to amend Zoning By-law 304-87, as amended (Matrundola, Blackmore, Pacitto and Rizzi, Part of Lot 17, Concession 7, north of Edward Jeffreys Avenue and west of Highway 48 - To delete the lands from designated area By-law 304-87, as amended, so that they could be incorporated into By-law 177-96, as amended, to permit residential development).
(Clause 3, Report No. 20, 2007)

                                    By-law 

 

BY-LAW 2007-48      A by-law to amend Zoning By-law 177-96, as amended (Matrundola, Blackmore, Pacitto and Rizzi, Part of Lot 17, Concession 7, north of Edward Jeffreys Avenue and west of Highway 48 - To permit residential development).
(Clause 3, Report No. 20, 2007)

                                    By-law 

 

BY-LAW 2007-49      A by-law to authorize the temporary closure of McCowan Road to facilitate the Canada Day Celebrations at Milne Park on July 1, 2007. (Communication No. 17-2007)

                                    By-law

 

BY-LAW 2007-50      A by-law to authorize the temporary closure of Robinson Street to facilitate the Farmer's Market in 2007 (Various dates - 6:00 a.m. to 2:00 p.m.
(Communication No. 18-2007)

                                    By-law 

 

BY-LAW 2007-51      A by-law to dedicate certain lands as part of the highways of the Town of Markham (Block 6, Plan 65M-3491 - Bur Oak Avenue and Block 196, Plan 65M-3487 - Roy Rainey Avenue).

                                    By-law 

 

BY-LAW 2007-52      A by-law to dedicate certain lands as part of the highways of the Town of Markham (Block 27, Plan 65M-3488 and Block 142, Plan 65M-3494 - Golden Meadow Drive).

                                    By-law 


 

BY-LAW 2007-53      A by-law to dedicate certain lands as part of the highways of the Town of Markham (Part of Block 166, Plan 65M-3669 - Tara Crescent and Part of Block 166, Plan 65M-3669 - Eastvale Drive).

                                    By-law 

 

BY-LAW 2007-54      A by-law to amend Municipal Law Enforcement Officers Appointment By-law 2002-178 (To update the list of Officers).

                                    By-law

 

BY-LAW 2007-55      A by-law to amend Zoning By-law 165-80, as amended (Calloway REIT (Woodside II) La-Z-Boy, 3075 Highway 7, Part of Lot 10, Concession 4 - To remove (H) Hold provision to permit the construction of a commercial building). (Communication No. 19-2007)

                                    By-law 

 

BY-LAW 2007-57      A by-law to designate part of a certain plan of subdivision not subject to Part Lot Control (Aspen Ridge Homes (Upper Cornell) Limited, east of Ninth Line, south of Bur Oak Avenue - Blocks 346, 348, 349 and 350, Plan 65M-3759).

                                    By-law

 

BY-LAW 2007-58      A by-law to amend Zoning By-law 2004-196, as amended (Ruland Properties Inc., north of Enterprise Boulevard, east of Rouge Valley Drive, Part of Lots 8 & 9, Concession 5 - To remove (H) Hold provision to permit the construction of four residential buildings 10 and 7 storeys in height).
(Communication No. 20-2007)

                                    By-law

CARRIED

 

 

 

10.       IN-CAMERA ITEMS

 

Moved by Deputy Mayor J. Jones

Seconded by Councillor J. Virgilio

 

(1)        9 STATION LANE (STIVER MILL) UNIONVILLE
            HERITAGE CONSERVATION DISTRICT (7.12)

 

That prior to the issuance of a Request for Expression of Interest regarding the property at 9 Station Lane (Stiver Mill), a Steering Committee be established to review the terms of the REOI and provide an opportunity for community input into the process;

 

And that the Committee be composed of three Members of Council, one representative from the Unionville B.I.A., one representative from the Unionville Villagers’ Association, and one representative from the community at large;


 

And that the following Members of Council be appointed to the Committee:

            Deputy Mayor J. Jones;

            Councillor C. Moretti;

            Councillor J. Virgilio;

            Mayor F. Scarpitti (ex-officio);

 

And that, should the permitted uses to be referred to in the REOI change, the Committee report back to the General Committee.

CARRIED AS AMENDED

(See following motion to amend)

 

            Moved by Councillor J. Virgilio

            Seconded by Councillor V. Burke

 

            That paragraph two be amended to add the appointment of a member from the community at large to the Steering Committee.

CARRIED

 

 

 

11.       CONFIRMATORY BY-LAW

 

Moved by Councillor A. Chiu

Seconded by Councillor C. Moretti

 

That By-law 2007-56 be given three readings and enacted.

 

Three Readings

 

BY-LAW 2007-56      A by-law to confirm the proceedings of the Council meeting of March 27, 2007.
(Council Meeting No. 6, 2007)

                                    By-law 

 

CARRIED

 

 


 

12.       ADJOURNMENT

 

Moved by Councillor A. Chiu

Seconded by Councillor J. Virgilio

 

That the meeting do adjourn.

CARRIED

 

Council adjourned at 8:01 p.m.

 

 

 

 

 

 

 

___________________________________           _____________________________________

SHEILA BIRRELL, TOWN CLERK                       FRANK SCARPITTI, MAYOR

 

(Signed)

 

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