2006-10-10

COUNCIL MINUTES  Council Chamber, Civic Centre

 

COMMITTEE OF THE WHOLE (Canada Room)

 

ROLL CALL

Deputy Mayor F. Scarpitti, Regional Councillor J. Heath, Regional Councillor J. Jones, Regional Councillor B. O'Donnell, Councillor S. Daurio, Councillor J. Virgilio, Councillor G. McKelvey, Councillor J. Webster, Councillor D. Horchik, Councillor K. Usman, Councillor A. Chiu. (11)

 

REGRETS

Mayor D. Cousens, Councillor E. Shapero. (2)

 

Moved by Councillor A. Chiu

Seconded by Councillor K. Usman  

 

That Council resolve itself into the Committee of the Whole to discuss the following:

(1)        Pandemic Readiness Emergency Plan

(2)        Active 2010 Physical Activity Plan

(3)        Advisory Board/Committees Appointments

(4)        1648438 Ontario Inc. (J. Addison School), 2 Valleywood Drive

(5)        Staff Awarded Contracts for the Month of September 2006

(6)        Tax Write-offs in Accordance with Section 354 of Municipal Act

(7)        Extended Driveways Communications Plan

(8)        Animal Care

(9)        Robinson Street Laneway Sanitary Sewer System

(10)      Shopping Cart Control Strategy

(11)      MECO/Mission Green & Powerstream Seasonal Led Light Exchange Program

(12)      Markham Space Race

(13)      2007 General Insurance and Risk Management Program

(14)      Award of Tender 184-T-06 Supply & Delivery of Sodium Chloride

(15)      Award of Tender 145-T-06 Construction of Mount Joy Neighbourhood Park

(16)      Licencing Fees By-law

(17)      East Cathedral Neighbourhood Park Tender

(18)      Joint Municipal Waste Diversion Strategy

(19)      16^th Avenue Road Construction

(20)      Markham District Energy Inc.

(21)      Minor Variance Appeal, 55 Harvest Moon Drive, Markham

(22)      Minor Variance Appeal, 10 Oakcrest Avenue, Markham

CARRIED

 

 

 

The Regular Meeting of Council was held on October 10, 2006 at 7:10 p.m. in the Council Chamber, Civic Centre.  Deputy Mayor F. Scarpitti presided.

 

 

COUNCIL (Council Chambers)

 

ROLL CALL

Deputy Mayor F. Scarpitti, Regional Councillor J. Heath, Regional Councillor J. Jones, Regional Councillor B. O'Donnell, Councillor S. Daurio, Councillor E. Shapero, Councillor J. Virgilio, Councillor G. McKelvey, Councillor J. Webster, Councillor D. Horchik, Councillor K. Usman, Councillor A. Chiu. (12)

 

REGRETS

Mayor D. Cousens.

 

 

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

C. Conrad, Town Solicitor

B. Cribbett, Treasurer

M. Rebane, Manager, Corporate Communications

J. Wong, Technology Support Specialist

K. Bavington, Committee Clerk

 

 

 

1.         DISCLOSURE OF PECUNIARY INTEREST

 

- None Declared

 

 

 

2.         REPORT OF THE COMMITTEE OF THE WHOLE

 

Moved by Councillor A. Chiu

Seconded by Councillor K. Usman

 

That Council rise from the Committee of the Whole and the Chairman report.

CARRIED

 

 

Deputy Mayor F. Scarpitti reported the following motions passed at the Committee of the Whole meeting:

 

 

(1)        PANDEMIC READINESS EMERGENCY PLAN (3.0 & 13.4.4)

             Presentation

 

That the presentation by Mr. Don Taylor, Manager, Executive Operations, regarding Pandemic Readiness Emergency Plan be received;

 

And that appreciation be expressed to Don Taylor, Glen Taylor, Janet Carnegie, and staff for their work on this project.

 

 

(2)        ACTIVE 2010 PHYSICAL ACTIVITY PLAN (6.0)

              Presentation

 

That the presentation by Ms. Lori Wells, Manager, Programs, with respect to Active 2010 Physical Activity Plan be received.

 

 

(3)        ADVISORY BOARD/COMMITTEES APPOINTMENTS (16.24)

 

That the following resignations be accepted with regret and a letter of appreciation be forwarded:

• Natalie Talsky - Markham Theatre Advisory Board
• Romila Verma - Markham Conservation Committee
• Basith Khan - Markham Race Relations Committee
• Raza Sumar - Markham Race Relations Committee
• Maria Pia Andrejin - Heritage Markham Committee (Markham Representative);

 

And that the above vacancies not be filled until vacancies in all of the advisory committee are considered later in the year;

 

And that Elizabeth Plashkes and Neil Kernaghan be appointed to the Varley-McKay Art Foundation of Markham.

 

 

(4)        1648438 ONTARIO INC. (J. ADDISON SCHOOL)
            2 VALLEYWOOD DRIVE, OFFICIAL PLAN AND
            ZONING BY-LAW AMENDMENTS TO PERMIT
            A PRIVATE SCHOOL AND RESIDENCES
            (OP 05 011949, ZA 05 011972) (10.3, 10.5)

             Memo

 

That the memorandum dated October 10, 2006 from the Director of Planning and Urban Design providing an update regarding the proposed official plan and zoning by-law amendments submitted by 1648438 Ontario Inc. (J. Addison School) to permit a private school with accessory residences at 2 Valleywood Drive, be received;

 

And that the proposed amendment (Appendix A) to the Town's Official Plan be adopted and referred to the Region of York for approval;

 

And that the proposed amendment (Appendix B) to Zoning By-law 165-80, as amended, be enacted without further notice.

(By-laws 2006-284 and 2006-285)

 

 

(5)        STAFF AWARDED CONTRACTS FOR
            THE MONTH OF SEPTEMBER 2006 (7.12)

              Report 

 

That the report entitled "Staff Awarded Contracts for the Month of September 2006" be received.

 

 

(6)        TAX WRITE-OFFS IN ACCORDANCE WITH
            SECTION 354 OF MUNICIPAL ACT (7.3)

             Report

 

That taxes totalling $116,235.67 (includes penalty and interest estimated in the amount of $44,005.14) as set out in this report be written off pursuant to the provisions of Section 354 of the Municipal Act, 2001;

 

And that the applicable penalty and/or interest charges be adjusted accordingly;

 

And that the Treasurer be directed to remove the taxes from the Collector’s Roll.

 

 

(7)        EXTENDED DRIVEWAYS COMMUNICATIONS PLAN (10.5)

             Report Schedule A

 

That the Extended Driveways Communications Plan outlined in Schedule “A” be approved for implementation.

 

 

(8)        ANIMAL CARE (2.8)

             Report  Terms of Ref

 

That Council approve the establishment of an Animal Care Committee to promote and ensure excellence and professionalism in animal care through continuing education, effective networking, mutual support and the enhancement of the ability to provide quality, cost effective services to our residents and care to the animals in our municipality;

 

And That the Committee be composed of a maximum of seven (7) persons:

·        Three Members of the Public

·        One Member of Council

·        One representative from the following organizations:

o       Action Volunteers for Animals

o       North Toronto Cat Rescue

o       Habitat Cat

 

And that the following resources be assigned to the Committee:

• The Town Clerk (or alternate)
• Senior Animal Control Officer (or alternate)
• A voluntary veterinarian

 

And that the Mandate of the Animal Care Committee be revised to exclusively handle household pets and feral cats.

 

 

(9)        ROBINSON STREET LANEWAY SANITARY SEWER SYSTEM (5.5)

             Report  Att A  Att B

 

That the report entitled “Robinson Street Laneway Sanitary Sewer System” be received;

 

And that a by-law be enacted to establish the Robinson Street Laneway described on Registered Plan of Subdivision 4065 as public highway;

 

And that the Asset Management Department be authorized to proceed with functional review, detailed design and construction tendering of the Robinson Street Laneway sanitary sewer system;

 

And that the cost for functional review, detailed design, construction tendering, and all related administrative costs estimated at $10,000 be up fronted by the Town from the Life Cycle Replacement and Capital Reserve Fund and if the project proceeds recovered from the benefiting property owners with appropriate interest;

 

And that a capital project be established for the functional review, detail design, construction tendering and all related administrative costs to an upset limit of $10,000.

 

And that when the tender price is known, the residents of Robinson Street Laneway be advised of the total project costs for their decision whether to proceed with the construction of this project;

 

And that the Asset Management Department staff report back the resident’s decision and staff recommendation;

 

And further that if the Robinson Street Sanitary Sewer System is to proceed, the total project cost be up fronted by the Town and recovered by imposing an equal fee against the benefiting property owners abutting the works in accordance with Section 391 of the Municipal Act.

 

 

(10)      SHOPPING CART CONTROL STRATEGY (5.0)

              Report 

 

Whereas shopping carts abandoned within the Town of Markham constitute a public nuisance in that they may be a traffic hazard, impede sidewalks and street maintenance, may be a risk to public safety and are unsightly;

 

Now be it resolved that the report entitled “Shopping Cart Control Strategy” be received;

 

And that staff be authorized, as part of the Strategy, to conduct a Phase 1 communication and education program concerning abandoned shopping carts;

 

And further that staff hold an information meeting in the Fall of 2006 and report back to Council early in 2007 on the Shopping Cart Control Strategy, including a shopping cart control by-law to replace By-Law 278-97.

 

 

(11)      FOLLOW-UP RE
            - MARKHAM ENERGY CONSERVATION OFFICE (MECO)/
            MISSION GREEN AND POWERSTREAM SEASONAL LED LIGHT
            EXCHANGE PROGRAM (3.0)

              Report  Att 1  Att 2

 

That the update on the Markham Energy Conservation Office (MECO)/Mission Green & PowerStream Seasonal LED Light Exchange Program be received.

 

 

(12)      MARKHAM SPACE RACE (10.16)

              Report Atts

 

That the report titled “Markham Space Race” be received for information;

 

And that a Markham Space Race account 032 224 0016, be set up to receive funds from corporate sponsors, and to finance expenditures for the Markham Space Race program;

 

And further that the Markham Space Race account 032 224 0016, be a continuous account and that any net revenue at year-end 2006 be carried over for use in the Markham Space Race program for use in subsequent years.

 

 

(13)      2007 GENERAL INSURANCE AND
            RISK MANAGEMENT PROGRAM (4.0)

              Report Att A Att B

 

That the report dated October 10, 2006 entitled “2007 General Insurance and Risk Management Program” be received;

 

And that the contract to provide General Insurance and Risk Management Program by Frank Cowan Company Limited be extended for an additional year for the period January 1, 2007 to December 31, 2007, for a total cost not to exceed  $1,682,640 inclusive of PST (4% increase over the 2006 premium of $1,567,226 and the increased liability coverage $52,725);

 

And that funding be provided for as follows:

• $1,236,109 (2006 Budget $1,070,551 plus $165,558k phase-in) – 2007 Operating Budget
• $62,689 (4% increase of the 2006 premium) to be pre-approved in the 2007 Operating Budget
• $52,725 (Liability coverage increase from $10 to 15 million)  to be pre-approved in the 2007 Operating Budget
• The above will be funded from the corporate insurance accounts (840-846 5550, 5560, 5520, 5595, 5596)
• $331,117 – unfunded to be included into the 2008/2009 budgets as phase-in III & IV of the 4 year phase-in for the insurance premium.

 

And that the Director of Financial and Client Services be authorized to negotiate the 2007 contract for General Insurance and Risk Management Program with the Frank Cowan Company Limited provided that the premium increase does not exceed 4% of the 2006 insurance premium, exclusive of the increased liability coverage;

 

And that the Director of Financial and Client Services be authorized to extend the contract for General Insurance and Risk Management Program for a further two years provided that it is the best interest of the Town and the premium increase does not exceed 5% of the previous years' insurance program, exclusive of annual coverage changes.

 

 

(14)      AWARD OF TENDER 184-T-06 SUPPLY &
            DELIVERY OF SODIUM CHLORIDE
            (HIGHWAY COARSE ROCK SALT)
            YORK REGION BUYERS CO-OPERATIVE CT–06-05 (7.12)

             Report

 

That the staff report entitled “Award of Tender 184-T-06 Supply & Delivery of Sodium Chloride (Highway Coarse Rock Salt) York Region Buyers Co-operative CT–06-05” be received;

 

And that Tender 184-T-06 Supply & Delivery of Sodium Chloride (Highway Coarse Rock Salt) York Region Buyers Co-operative CT–06-05 be awarded to the lowest priced bidder, Sifto Canada Corp. in their unit price of $66.60 per tonne including delivery and inclusive of 8% PST in the estimated annual amount of $865,800.00;

 

And that the term of the contract shall be for two (2) years commencing from the date of issue of the purchase order with an option to renew for one additional year based on mutual agreement of both parties;

 

And that the Director of Operations and the Manager of Purchasing be authorized to extend the contract for an additional one year at a unit price to be mutually agreed upon with the vendor and the York Region;

 

And that the 2006 costs, estimated at $333,018.00 be charged to the Operating Account 700 504 4525 Salt;

 

And that the following 2007-2008 estimated costs be provided for within the respective years budget submission for the Operations Department;

• 2007                                        $865,800.00
• 2008 (Jan 1 – Apr 30)              $532,782.00

 

And that the 2007 and 2008 Budgets Purchase Orders will be adjusted for growth (increase in kilometers of roadway) based on approved budget for that year.

 

 

(15)      AWARD OF TENDER 145-T-06
            CONSTRUCTION OF MOUNT JOY NEIGHBOURHOOD PARK (7.12)

             Report 

 

That the report entitled “Award of Tender 145-T-06, Construction of Mount Joy Neighbourhood Park” be received;

 

And that the contract for tender 145-T-06 for the construction of Mount Joy Neighbourhood Park be awarded to the lowest price qualified bidder, Mopal Construction in the amount of $638,800.00 (Base tender items of $621,600.00 and Provisional items B1 & B2 for $17,200.00), exclusive of contingency and GST;

 

And that a consultant and construction contingency amount of $95,000.00 exclusive of GST be established to cover any additional consulting services and/or sub-consulting fees and to cover any additional construction costs including authorized contingencies and approved change orders, and that the Director of Planning and Urban Design or designate be authorized to approve expenditure of this contingency amount up to the specified limit in accordance with the Expenditure Control Policy;

 

And that the award be funded from Planning and Urban Design’s 2004 Capital Budget account 81-5350-6252-005, Brother Andre Park Greensborough (Mount Joy), in the amount of $909,100.00;

 

And further that upon payment of all invoices associated with this project, any remaining funds will be returned to the original funding sources.

 

 

(16)      LICENCING FEES BY-LAW (2.0)

             Report  Atts

 

That By-law 2002-284, “A By-law to Establish Licence Fees for the Town of Markham” be amended to:

• Adjust License Fees consistent with the costs of enforcement and administration of each type and class of licence as outlined in Appendix A
• Waive a licence fee for the current year if an application for a new licence is submitted within 30 days of its expiry date, and is accompanied by a renewal application and the full licence fee for the next calendar year
• Exempt Eating Establishment Licence Fees for Non-Profit organizations

 

 

(17)      AWARD OF TENDER 144-T-06
            CONSTRUCTION OF EAST CATHEDRAL
            NEIGHBOURHOOD PARK (7.12)

              Report 

 

That the report entitled “Award of Tender 144-T-06, Construction of East Cathedral Neighbourhood Park” be received;

 

And that the contract for tender 144-T-06 for the construction of East Cathedral Neighbourhood Park be awarded to the lowest price qualified bidder, Gateman Milloy Inc. in the amount of $399,683.37 (Base tender items of $369,909.20 and Provisional items 1.0, 2.0, 2.1, 3.0, 4.2 for $29,774.17), exclusive $40,000.00 contingency and GST;

 

And that a consultant and construction contingency amount of $40,000.00 exclusive of GST be established to cover any additional consulting services and/or sub-consulting fees and to cover any additional construction costs including authorized contingencies and approved change orders, and that the Director of Planning and Urban Design or designate be authorized to approve expenditure of this contingency amount up to the specified limit in accordance with the Expenditure Control Policy;

 

And that the award be funded from Planning and Urban Design’s 2005 Capital Budget account #81-5350-6649-005, East Cathedral Neighbourhood Park, in the amount of $429,000.00, $15,000 from a letter of credit issued to the Town by Metrus to cover for grading work and $39,981.37 from the remaining balance in Planning and Urban Design’s 2004 Capital Budget Account #81-5350-6252-005, Brother Andre (Mount Joy) Neighborhood Park;

 

And further that upon payment of all invoices associated with this project, any remaining funds will be returned to the original funding sources.

 

 

(18)      JOINT MUNICIPAL WASTE DIVERSION STRATEGY (5.1 & 13.4)

              Report 

 

Whereas in 2004, the Town of Markham established its “Mission Green” program with a 70% waste diversion target;

 

And whereas the Town of Markham is currently diverting 68% of its residential waste and anticipates achieving 70% waste diversion in 2007;

 

And whereas the Region of York and the local Municipalities have prepared a municipal waste diversion strategy entitled ‘Working Together Toward a Sustainable Residential Waste Management System’ setting out a range of waste diversion initiatives and recommending a Regional waste diversion target of 65% in the short term;

 

And whereas the Town of Markham has already implemented most of the initiatives  proposed by the strategy and surpassed the recommended 65% diversion target;

 

Now be it resolved that the staff report ‘Joint Municipal Waste Diversion Strategy’ be approved;

 

And that the Joint Municipal Waste Diversion Strategy document titled “Working Together Toward a Sustainable Residential Waste Management System” be received;

 

And that Markham continue to participate in the Strategy implementation;

 

And that Markham encourage equivalent diversion targets be established by each local municipality to fully support the Regional target to divert a minimum of 65% of its waste from landfill;

 

And that the initiative to install bag breaking technology at the Region’s recycling facility and the addition of plastic film and polystyrene plastic into the blue box be considered a priority initiative;

 

And further that the Region of York and the Local Municipalities be encouraged to continue to work together to expand upon the waste diversion strategy to include long term waste management plan development.

 

 

(19)      16^TH AVENUE ROAD CONSTRUCTION (5.10, 13.4)

 

That Town staff be directed to meet with Regional staff with respect to a Traffic Management Plan for 16^th Avenue and pursue if there are any alternatives to a closure between Kennedy Road and Warden Avenue;

 

And further, that the Region be requested that no work occur on 16^th Avenue between 7:00 - 9:00 a.m. and 4-6 p.m. or that at least two lanes remain open during rush hour;

 

And further, that the Region be requested to improve advanced signage;

 

And that staff report back as soon as possible.

 

 

(20)      MARKHAM DISTRICT ENERGY INC. (13.7)

 

That the presentation by Mr. Bruce Ander, President, Markham District Energy Inc., be received.

 

 

(21)      MINOR VARIANCE APPEAL
            55 HARVEST MOON DRIVE, MARKHAM
            COMMITTEE OF ADJUSTMENT FILE NO.A/98/06
            LEGAL FILE NO. 06 0501 LG 0277 (10.12)

 

That the Town Solicitor and Staff be instructed to attend the Ontario Municipal Board hearing to oppose the appeal by 1661619 Ontario Inc. in respect of the decision of the Committee of Adjustment which denied its application to permit up to three restaurants or three take-out restaurants, or a combination thereof, and to permit a maximum total leasable floor area of restaurants or take-out restaurants, or a combination of both, to be 442.5 square metres at 55 Harvest Moon Drive, Markham.

 

 

(22)      MINOR VARIANCE APPEAL
            10 OAKCREST AVENUE, MARKHAM
            COMMITTEE OF ADJUSTMENT FILE NO. A/97/06
            LEGAL FILE NO. 06 0609 LG 0278 (10.12)

 

That the Town Solicitor and Staff be instructed to attend the Ontario Municipal Board hearing to oppose the appeal by Mitko Stavinski, the owner of 10 Oakcrest Avenue, Markham, of the decision of the Committee of Adjustment which denied his application for ten minor variances which would be required in order to construct a new dwelling that he is proposing to build at 10 Oakcrest Avenue. The ten variances sought are set out on Schedule “A” to this Report.

 

 

Moved by Councillor A. Chiu

Seconded by Councillor K. Usman

 

That the Report of the Committee of the Whole be adopted, approved and confirmed.

 

CARRIED

 

 

 

3.         MINUTES

 

(1)        COUNCIL MINUTES - SEPTEMBER 26, 2006

 

Moved by Councillor A. Chiu

Seconded by Regional Councillor B. O'Donnell

 

That the Minutes of the Council Meeting held on September 26, 2006, be adopted.

 

CARRIED

 

 

 

4.         PRESENTATIONS

 

(1)        RECOGNITION - ROBERT SHERWOOD (12.2.6)

 

Council recognized the outstanding contribution made by Mr. Robert Sherwood as Chair of the Markham Mobility Foundation. Several Council members and members of the Foundation spoke in appreciation of Mr. Sherwood’s contributions to the community. A Plaque was presented to Mr. Sherwood.

 

 

 

5.         DELEGATIONS

 

Council consented to add Presentations (1) and (2).

 

(1)        Dr. Lilla Albert, Organizer, Breed Masters Inc. spoke in support of the request for support from Council regarding an annual Music and Arts Festival to be held at the Markham Fairgrounds. (3.5) (Communication No. 106-2006)

 

(2)        Marion Mathias, regarding Notice of Stop Up and Close Part of Church Street
            Legal File No: 06 0105 LG 0081 (8.1) (Other Business 1) (8.1)

 

 

 

6(a)      REPORT NO. 33 - DEVELOPMENT SERVICES COMMITTEE

 

Council consented to separate the question on Clause (1).

 

Moved by Councillor G. McKelvey

Seconded by Councillor D. Horchik

 

That Report No. 33 - Development Services Committee (October 3, 2006) be received and adopted.

 

(1)        2006 OXNARD BOXGROVE LTD, BOX GROVE COMMUNITY
            SOUTH OF 14^TH AVENUE, EAST OF 9^TH LINE
            PLAN OF SUBDIVISION (19TM-04001, PHASE 2)
            AND ZONING AMENDMENT APPLICATIONS
            SU 04 009413, ZA 04 009405) (10.5, 10.7)

            Report   Attachment  

 

Committee requested an update on the construction of Ninth Line at the next Development Services Committee meeting.

 

Moved by Regional Councillor J. Heath

Seconded by Regional Councillor B. O'Donnell

 

That the staff report entitled “Recommendation Report. Plan of subdivision (19TM-04001, Phase 2) and zoning amendment applications by 2006 Oxnard Boxgrove Ltd, Box Grove Community,” dated October 3, 2006, be received;

 

And that Phase 2 of draft plan of subdivision 19TM-04001 located south of 14^th Avenue, east of 9^th Line, submitted by 2006 Oxnard Boxgrove Ltd, be draft approved subject to the conditions outlined in Appendix ‘A’;

 

And that the Director of Planning and Urban Design be directed to issue draft approval once the Owner has complied with the requirement to enter into the agreements set out below restricting pre-sale of certain residential lots in the subdivision;

 

And that prior to issuance of draft plan approval, the Owner shall enter into an agreement with the Town, which agreement shall be registered on title, committing the Owner not to enter into any agreements of purchase and sale with end users for Lots 1 to 4 inclusive, until such time as the Region of York has advised in writing that construction of the Southeast Collector Trunk Sewer in this vicinity is within 12 months of being completed, or alternatively, that the vicinity of Lots 1 to 4 is no longer being considered as a route for the Southeast Collector Trunk Sewer; 

 

And that zoning amendment application (ZA 04-009405) to amend By-law 304-87 and By-law 177-96, as amended, submitted by 2006 Oxnard Boxgrove Ltd for lands south of 14^th Avenue, east of 9^th Line, be approved and the draft implementing zoning by-laws attached as Appendix ‘B’ be finalized and enacted;

 

And that servicing allocation for 32.5 units (98.25 population) be granted to 2006 Oxnard Boxgrove Ltd (19TM-04001, Phase 2) subject to written confirmation from the Trustee of the Box Grove Developers Group that servicing allocation is available from the total water and sewage allocation granted to the Box Grove Community by the Town and the Region;

 

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 servicing allocation at its sole discretion;

 

And that the applicant agree to pay their proportionate share of the Highway 48 flow control measures, to the satisfaction of the Director of Engineering;

 

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 (2005-357);

 

And further that the draft plan of subdivision approval shall lapse after a period of three years from issuance, in the event that a subdivision agreement is not executed within that period.

(By-laws 2006-278 and 2006-279)

 

CARRIED

 

 

(2)        ANGELICO INVESTMENTS INC.
            8555 WOODBINE AVENUE AND 3000 HIGHWAY 7
            SITE PLAN APPROVAL FOR PHASE 2 OF THE
            MICHAEL ANGELOS DEVELOPMENT (SC 06 120081) (10.6)

            Report   Attachment  

 

That the presentation by Paul Didur of Paul Didur Architect Inc., representing the applicant, Angelico Investments Inc., be received;

 

And that the report dated October 3, 2006, entitled “Angelico Investments Inc., 8555 Woodbine Avenue and 3000 Highway 7, Application for site plan approval for the second phase of the Michael Angelos development”  be received;

 

And that the application for site plan approval be endorsed, in principle, subject to the conditions attached as Appendix “A”;

 

And that site plan approval be delegated to the Director of Planning and Urban Design or her designate, to be issued once the conditions outlined above have been satisfied.  Site Plan approval is issued only when the Director has signed the site plan;

 

And  that Council authorize the enactment of a by-law to remove the Hold (H) provision  on the subject lands upon application by the Owner once a site plan agreement has been executed or alternatively the Owner has provided an undertaking not to compel issuance of a building permit until the site plan agreement has been executed;

 

And further that this endorsement shall lapse and site plan approval will not be issued after a period of three years commencing October 3, 2006, in the event that the site plan agreement is not executed within that period.

 

CARRIED

 

 

 

7.         MOTIONS

 

Council consented to add Motions (1) and (2).

 

(1)        TOWN OF AURORA
            -CONSERVE ENERGY AND CONTROL ENERGY COSTS (13.5.1)

            Letter

 

Moved by Councillor D. Horchik

Seconded by Regional Councillor J. Jones

 

That the correspondence from the Town of Aurora forwarding a resolution and requesting support with respect to urging the Premier of Ontario and the Province of Ontario to take the necessary steps to conserve energy and control escalating energy costs be received and referred to staff for a report and recommendation with respect to supporting the resolution.

(Communication No. 104-2006)

 

CARRIED

 

 

(2)        LILLA ALBERT, ORGANIZER, BREED MASTERS INC.
             - MUSIC AND ARTS FESTIVAL AT THE MARKHAM FAIRGROUNDS (3.5)

 

Moved by Councillor J. Webster

Seconded by Councillor E. Shapero

 

That the correspondence from Lilla Albert, Organizer, Breed Masters Inc. requesting support from Council for various issues, including exemption from noise by-law, regarding an annual Music and Arts Festival to be held at the Markham Fairgrounds be received and referred to staff.

(Communication No. 106-2006)

 

CARRIED

 

 

 

8.         COMMUNICATIONS

 

Moved by Councillor D. Horchik

Seconded by Councillor E. Shapero

 

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

 

Received

99-2006           Ontario Municipal Board - Forwarding information regarding the opening of a Citizen Liaison Office effective October 2, 2006 that will provide information and assistance to the public. (13.13)

                          Letter 

 

100-2006         Town of Newmarket - Forwarding a resolution with respect to requesting the Province of Ontario to immediately commence a consultative process with the municipal and development sectors to revise the Development Charges Act to address the issues and concerns raised by the municipal sector.  (13.5.2)

                          Letter 

 

101-2006         Town of Newmarket - Forwarding a resolution and requesting support with respect to the initiative to develop a supplementary curriculum guide that provides students with detailed knowledge about the municipal government. (13.5.2)

                          Letter 

 

102-2006         Town of Aurora - Forwarding a resolution and requesting support with respect to imploring the Minister of Children and Youth Services to grant the funding requested by the York Centre for Children, Youth and Families. (13.5.1)

                          Letter

 

103-2006         Town of Aurora - Forwarding a resolution and requesting support with respect to urging the Provincial Government to commit money to support food security programs for the purpose of defeating hunger. (13.5.1)

                          Letter

 

104-2006         Town of Aurora - Forwarding a resolution and requesting support with respect to urging the Premier of Ontario and the Province of Ontario to take the necessary steps to conserve energy and control escalating energy costs. (13.5.1)
(See Motion 1)

                          Letter

 

105-2006         Town of East Gwillimbury - Forwarding a resolution and requesting support with respect to urbanization of Regional roads. (13.5.1)

                          Letter

 

106-2006         Lilla Albert, Organizer, Breed Masters Inc. - Requesting support from Council for various issues, including exemption from noise by-law, regarding an annual Music and Arts Festival to be held at the Markham Fairgrounds. (3.5)
(See Motion 2)

 

 

 

Referred to all Members of Council

107-2006         Markham Stouffville Hospital - Forwarding a request to close the following streets on November 5, 2006 from 9:30 a.m. to 12:30 p.m. to facilitate the Angus Glen Half Marathon:
- Start line is at Angus Glen Golf Course
- South on Kennedy Road to Major MacKenzie Drive
- West on Major MacKenzie Drive to Prospector's Drive
- South on Prospector's Drive to The Fairways
- West on The Fairways and south onto Royal Troon Crescent
- Royal Troon Crescent onto Angus Glen Blvd
- East on Angus Glen Blvd to Potters Wheel Road
- North on Potters Wheel Road to Port Rush Trail
- East on Port Rush Trail to Angus Meadow Drive
- South on Angus Meadow Drive to Angus Glen Blvd
- East on Angus Glen Blvd to Kennedy Road
- South on Kennedy Road to just north of 16th Avenue
- Runners make a u-turn and go north on Kennedy Road to Elgin Mills Road East
- East on Elgin Mills Road to McCowan Road
- North on McCowan Road to 19th Avenue
- West on 19th Avenue to Warden Avenue
- South on Warden Avenue to Elgin Mills Road East
- East on Elgin Mills Road East to Kennedy Road
- South on Kennedy Road to Angus Glen Golf Course
(3.5) (By-law 2006-280)

                          Info

 

108-2006         Markham District Veterans Association - Forwarding a request to hold the annual Remembrance Day Parade and Ceremony on November 11, 2006 between the hours of 10:30 a.m. and 11:30 a.m. and the Poppy Campaign from October 29 to November 11, 2006. (3.5.6)

                         Letter

 

109-2006         Liquor Licence Application - Request to complete the Alcohol and Gaming Commission Municipal Information Form for Take One, 7850 Woodbine Avenue, Suite 328 (third floor) (indoor) (3.21)

                         Letter

 

110-2006         Liquor Licence Application - Request to complete the Alcohol and Gaming Commission Municipal Information Form for Fanous Restaurant, 7089 Yonge Street, Unit 7. (indoor and outdoor) (3.21)

                          Letter

 

CARRIED

 

 

 

9.         PROCLAMATION

 

(1)        PROCLAMATIONS (3.4)

              Info 

 

Moved by Councillor K. Usman

Seconded by Councillor G. McKelvey

 

That the following be proclaimed in the Town of Markham:

- German Pioneers Day - October 10, 2006

- Ontario Public Library Week - October 16 to 22, 2006

- Canada's Citizenship Week - October 16 to 22, 2006

 

CARRIED

 

 

 

10.       OTHER BUSINESS

 

(1)        STOP UP AND CLOSE PART OF CHURCH STREET
            PLAN 71, DESIGNATED AS PART 1, PLAN 65R-29313
            BUNN/TEMPLETON PURCHASE FROM THE TOWN OF MARKHAM
            LEGAL FILE NO.: 06 0105 LG 0081 (8.1)

 

Council inquired whether any persons were in attendance to either support or object to the stop up and close of Part of Church Street, Plan 71, designated as Part 1, Plan 65R-29313, Town of Markham, Regional Municipality of York.

 

Marion Mathias, 33 Colborne Street, stated that she had no objection to the sale, but expressed concern for the location of the garage, and protection of the sloped portion of the property.

 

Committee discussed top of bank and buffer areas, and suggested a building envelope be identified, to protect the slope and drainage ditch.

 

 

Moved by Councillor D. Horchik

Seconded by Councillor K. Usman

 

Whereas a notice to stop up and close a part of Church Lane abutting municipal address 26 Church Lane, legally described as Part of Church Street (now known as Church Lane), Plan 71, designated as Part 1 on Registered Plan 65R-29313, Town of Markham, Regional Municipality of York, was posted on the Town of Markham website and published in the Markham Economist and Sun on September 28, 2006;

 

And whereas no persons have objected thereto this date;

 

Therefore be it resolved that a by-law to stop up and close a part of Church Lane abutting municipal address 26 Church Lane, legally described as Part of Church Street (now known as Church Lane), Plan 71, designated as Part 1 on Registered Plan 65R-29313, Town of Markham, Regional Municipality of York, be considered by Council later in the meeting;

 

And further that prior to finalizing the agreement of purchase and sale, staff bring back a report on the details and issues raised including building envelope and a proposed buffer area at the top of bank.

(By-law 2006-281)

 

CARRIED AS AMENDED

(See following motion to amend)

 

            Moved by Councillor D. Horchik

            Seconded by Councillor K. Usman

 

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

 

            "And further that prior to finalizing the agreement of purchase and sale, staff bring back a report on the details and issues raised including building envelope and a proposed buffer area at the top of bank."

 

CARRIED

 

 

 

11.       BY-LAWS

 

Moved by Councillor A. Chiu

Seconded by Councillor K. Usman

 

That By-laws 2006-278 to 2006-286 be given three readings and enacted.

 

Three Readings

 

BY-LAW 2006-278    A by-law to amend Zoning By-law 304-87, as amended (2006 Oxnard Boxgrove Ltd., 7033 14th Avenue, 19TM-04001 - To delete the subject lands from the designated area of By-law 304-87, as amended, to allow them to be included in By-law 177-96, as amended, to permit the development of a plan of subdivision).
(Clause 1, Report No. 33, 2006)

 

BY-LAW 2006-279    A by-law to amend Zoning By-law 177-96, as amended (2006 Oxnard Boxgrove Ltd., 7033 14th Avenue, 19TM-04001 - To permit the development of a plan of subdivision).
(Clause 1, Report No. 33, 2006)

 

BY-LAW 2006-280    A by-law to authorize the temporary closure of streets to facilitate the Angus Glen Half Marathon being held on November 5, 2006.
(Communication No. 107-2006)

 

BY-LAW 2006-281    A by-law to stop up and close Part of Church Street (now known as Church Lane), Plan 71, designated as Part 1, Plan 65R-29313 (Bunn/Templeton purchase from the Town of Markham).
(Other Business 1)

 

BY-LAW 2006-282    A by-law to dedicate certain lands as part of the highways of the Town of Markham (Part of Lot 9, Concession 7, designated as Part 1, Plan 65R-18775 - Princess Street).

 

BY-LAW 2006-283    A by-law to amend Zoning By-law 1229, as amended (SGH Financial Inc., 161 Main Street, Markham Village Heritage Conservation District - To permit business office, professional office and residential uses within the existing building and an addition).
(Clause 13, Report No. 32, 2006)

 

BY-LAW 2006-284    A by-law to adopt Official Plan Amendment No. 157 (1648438 Ontario Inc. (J. Addison School), 2 Valleywood Drive - To permit a private school and residences).
(Committee of the Whole Motion - Oct. 10, 2006)

 

BY-LAW 2006-285    A by-law to amend Zoning By-law 165-80, as amended (1648438 Ontario Inc. (J. Addison School), 2 Valleywood Drive - To permit a private school and residences).
(Committee of the Whole Motion - Oct. 10, 2006)

 

BY-LAW 2006-286    A by-law to amend Municipal Law Enforcement Officers Appointment By-law 2002-178 (To update the list of Officers).

 

CARRIED

 

Moved by Councillor D. Horchik 

Seconded by Regional Councillor B. O'Donnell 

 

That Council resolve itself into the Committee of the Whole to discuss legal matters.

CARRIED

 

Moved by Councillor A. Chiu

Seconded by Councillor K. Usman

 

That Council rise from the Committee of the Whole without reporting and re-convene Council meeting.

CARRIED

 

 

 

Moved by Councillor D. Horchik

Seconded by Councillor A. Chiu

 

That By-law 2006-287 be given three readings and enacted.

 

BY-LAW 2006-287    A by-law to confirm the proceedings of the Council meeting of October 10, 2006.
(Council Meeting No. 16, 2006)

 

CARRIED

 

 

 

12.       ADJOURNMENT

 

Moved by Councillor D. Horchik

Seconded by Councillor A. Chiu

 

That the meeting do adjourn.

 

CARRIED

 

Council adjourned at 8:35 p.m.

 

 

 

 

 

 

___________________________________           _____________________________________

SHEILA BIRRELL, TOWN CLERK                       FRANK SCARPITTI, DEPUTY MAYOR

 

(Signed)