M I N U T E S
COMMITTEE OF THE WHOLE
2006-05-09
Meeting No. 9
|
Attendance
Mayor D.
Cousens
Deputy Mayor F.
Scarpitti
Regional Councillors J.
Heath
J.
Jones
B.
O'Donnell
Councillors S.
Daurio
E.
Shapero
G.
McKelvey
J.
Webster
D.
Horchik
K.
Usman
A.
Chiu
Regrets
Councillor J.
Virgilio
|
Staff
J. Livey, Chief Administrative Officer
S. Birrell, Town Clerk
B. Cribbett, Treasurer
C. Conrad, Town Solicitor
K. Kitteringham, Deputy Clerk
P. Loukes, Manager of Operations
V. Shuttleworth,
Director of Planning and Urban
Design
A. Taylor, Commissioner of Corporate Services
|
The Committee of the Whole meeting convened at the hour of 5:00 p.m. with D. Cousens in the
Chair.
1. MINUTES
OF COMMITTEE OF THE WHOLE - APRIL 25, 2006 (16.0)
Moved by Councillor A. Chiu
Seconded by Regional Councillor
J. Health
That the minutes of the Committee of the Whole meeting
held on April 25, 2006
be confirmed.
CARRIED
2. ADULT
ENTERTAINMENT – GOODS BY-LAW - CUPID BOUTIQUE (2.12)
Report UpdateReport
Sheila Birrell, Town Clerk, provided a brief overview of the issue as
provided for in Committee of the Whole report Item 2.
Arnold Chan, Solicitor for 2100976 Ontario Ltd. (operating
as Cupid Boutique) addressed Council on Item 2 and outlined his clients’ objection
to the Town’s decision to prohibit the operation of the Boutique after five
years.
Jeanette Andbinder addressed Council with respect to the Cupid Boutique
and indicated her opposition to the operation of the business at 1 Masseyfield
Gate.
Amina Jamal addressed Council with respect to the Cupid Boutique and
indicated her opposition to the operation of the business at 1 Masseyfield Gate.
Kathy Butler addressed Council with respect to the Cupid Boutique and
indicated her opposition to the operation of the business at 1 Masseyfield Gate.
The Committee agreed to a division of the question.
Moved by Councillor A. Chiu
Seconded by Councillor G. McKelvey
That a by-law be enacted to amend By-law 2002-286, “A
by-law respecting the licensing, regulating and inspecting of Adult
Entertainment Parlours for the provision of goods” to:
- Redefine
Adult Goods so that retail establishments whose primary business is the
provision of all adult goods, including adult novelties, will be licensed
and regulated;
- Provide a
regulation to prohibit the display of adult goods, so as to be not visible
from the exterior of the premises;
- Redefine
Class B Adult Entertainment Parlours to provide a more proportionate
measurement that distinguishes these businesses from Class A.
CARRIED (12:0)
(See following recorded
vote)
(See the following
motion which lost)
YEAS: Mayor D. Cousens, Deputy Mayor F. Scarpitti,
Regional Councillor J. Heath, Regional Councillor J. Jones, Regional Councillor
B. O'Donnell, Councillor S. Daurio, Councillor E. Shapero, Councillor G. McKelvey,
Councillor J. Webster, Councillor D. Horchik, Councillor K. Usman, Councillor
A. Chiu (12)
NAYS: None
ABSENT: Councillor J. Virgilio. (1)
·
an exemption to locational
requirements of a Class A Adult Entertainment Parlour – Goods specifically for
the location of Cupid Boutique at 1 Masseyfield Gate for a period of up to 5
years.”
LOST (4:8)
(See following recorded vote)
YEAS: Deputy Mayor F. Scarpitti, Regional
Councillor J. Jones, Councillor E. Shapero, Councillor K. Usman. (4)
NAYS: Mayor D. Cousens, Regional Councillor
J. Heath, Regional Councillor B. O’Donnell, Councillor S. Daurio, Councillor G.
Mckelvey, Councillor J. Webster, Councillor D. Horchik, Councillor A. Chiu. (8)
ABSENT: Councillor J. Virgilio. (1)
3. AWARD OF TENDER #034-T-06 - CONSTRUCTION
OF WISMER
COMMUNITY PARK (7.12.1)
Report
Moved by Councillor G. McKelvey
Seconded by Councillor A.
Chiu
That the report entitled “Award
of Tender #034-T-06, Construction of Wismer Community Park” be received;
And that the contract for tender #034-T-06
for the construction of Wismer Community Park be awarded to the lowest
price qualified bidder, Gateman Milloy, in the base bid amount of $2,929,554.36
plus provisional items 1.0 to 10.0 and 12.0 to 14.0, in the amount of
$291,210.00 for a total award amount of $3,220,764.36, exclusive of GST;
And that a consultant and construction
contingency amount of $480,000.00 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 & 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 with the provision that a monthly
statement of these expenditures is forwarded to the Town Treasurer;
And that the balance of funds in the
account in the amount of $297,207.04 be retained and used in accordance with
the Purchasing By-law, as required at a later date for permanent park works
associated with Phase 3 construction adjacent to the future Castlemore Avenue;
And that this project be funded from:
- Planning
and Urban Design’s 2004 Capital Budget account #81-5350-6251-005, Wismer
Community Park, in the amount of $2,807,500.00;
- Planning
and Urban Design’s 2006 Capital Budget account #81-5350-7040-005, Wismer
Community Park additional features in the amount of $1,630,200.00;
And further that upon payment of all
invoices associated with this project, any remaining funds will be returned to
the original funding sources.
CARRIED
4. AWARD
OF TENDER #164-T-05 - CONSTRUCTION OF SOUTH UNIONVILLE
COMMUNITY PARK (7.12.1)
Report
Moved by Councillor A. Chiu
Seconded by Councillor G.
McKelvey
That the report entitled “Award
of Tender #164-T-05, Construction of South Unionville Community Park” be received;
And that the contract for tender #164-T-05
for the construction of South Unionville Community Park be awarded to
the lowest price qualified bidder, Gateman Milloy, Ltd. in the base bid amount
of $697,565.07 plus provisional items 1 to 3 in the amount of $41,785.00 for a
total award amount of $739,350.07 exclusive of GST;
And that a consultant and construction
contingency amount of $53,648.93 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 Manager of Parks and Open Space Development be authorized
to approve expenditure of this contingency amount up to the specified limit in
accordance with the Expenditure Control Policy;
And that this project be funded from:
- Planning
and Urban Design’s 2003 Capital Budget account #81-5350-5194-005, South
Unionville Community Park, in the amount of $730,000.00;
- Planning
and Urban Design’s 2004 Capital Budget account #81-5350-6257-005, South
Unionville Greenway in the amount of $131,100.00;
- Available
balance in Planning and Urban Design’s 2002 Capital Budget account
#81-5350-4715-005, South Unionville Village Green (phase 2) in the amount
of $11,657.00;
And further that upon payment of all
invoices associated with this project, any remaining funds will be returned to
the original funding sources.
CARRIED
5. LICENSING
HEARING FOR "YU YU SPA"
- 145 ROYAL CREST COURT UNIT #40, MARKHAM
(2.0)
Moved by Councillor A. Chiu
Seconded by Councillor J.
Webster
That the following recommendation of the Markham Licensing Committee be
adopted and confirmed:
"That the renewal application for a 2005 licence to own
and operate a Complimentary Healthcare establishment known as "Yu Yu Spa", at 145 Royal Crest Court, Unit 10, Markham,
Ontario be denied pursuant to By-law 2002-292, A By-law Respecting the Licensing and Inspecting of
Body-rub Parlours and Attendants and Complementary Health Care Service
Providers and Attendants;
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."
DEFERRED
(See following motion to
defer)
Moved by Councillor E. Shapero
Seconded by Regional Councillor
J. Heath
That Item 5 of the May 9,
2006 COW Agenda – Licensing Hearing for Yu Yu Spa, be deferred for two weeks
for additional information.
CARRIED
6. LICENSING
HEARING FOR “GREEN HUT HEALTH CENTRE"
3980 14TH AVENUE, UNIT #7,
MARKHAM (2.0)
Moved by Councillor K. Usman
Seconded by Deputy Mayor
F. Scarpitti
That the following recommendation of the Markham Licensing Committee be
adopted and confirmed:
"That the renewal application for a 2005
licence to own and operate a Body Rub establishment known as "Green Hut
Health Centre", at 3980 14th
Avenue, Unit 7, Markham, Ontario, be
denied due to the presentation of strong evidence indicating that
the business is no longer in operation and that there is also grounds to
believe that the appellant will not carry on the business in accordance with
By-Law 2002-292 or with honesty and integrity;
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
7. NATIONAL
RESEARCH COUNCIL PROJECT BUSINESS
EXPENSE AUTHORIZATION (10.16)
Report
Moved by Councillor K. Usman
Seconded by Councillor S.
Daurio
That the report entitled “National Research Council Project Business
Expense Authorization” be received;
And that Council authorize Deputy Mayor Frank Scarpitti to attend meetings
in Ottawa relating to
National Research Council (NRC) on May 16 and 17, 2006, at a cost not to exceed
$1,500 to be funded from the Business Travel account #610-9985201.
CARRIED
8. 2006 ADVISORY COMMITTEE/BOARD
APPOINTMENTS (16.24)
Moved by Councillor A. Chiu
Seconded by Councillor G.
McKelvey
That the following persons be appointed to the Cornell Advisory Group:
Cornell Advisory
Group
Deputy
Mayor F. Scarpitti
Regional
Councillor J. Heath
Councillor
J. Webster
Renee
Torrington, President, Cornell Ratepayers Association
Andrew
Keyes, Cornell Ratepayers Association
Robert
Baird, President, Sherwood-Amberglen Ratepayers Association
Keith
Thirgood, The Old Markham Village Ratepayers Inc.
Al
Bishop, Landowner Rep, Trustee, Developers Group
Niomie
Massey, Landowner Rep, Cornell Rouge
Dan
Leeming, Planning Consultant, The Planning Partnership
Christine
Joe, Director of Planning & Partnerships, Markham-Stouffville
Hospital
Vijay
Chauhan, York Region
Transit Partnership (VIVA)
Peter
Chackeris (alternate)
Sean
Hertel, York Region
Planning and Development Services
Daniel
DelBianco, York District
Catholic School
Board
Jessica
Peake, York Region
District School
Board
Kevin
Huang, Toronto Region
Conservation Authority
That the following persons be appointed to the Markham
Race Relations Committee for a term to expire November 30, 2009:
Race
Relations Committee
Jobson
Easow (Markham)
Kevin
Koo (Unionville)
Carina
Mahendrarajah (Markham)
CARRIED
9. WYNBERRY
DEVELOPMENTS INC., WISMER COMMONS COMMUNITY
PLAN OF SUBDIVISION AND
IMPLEMENTING ZONING
BY-LAW (SU 01 119048
(19TM-01020 PHASE 2) ZO 01 119040) (10.7, 10.5)
Report
1
2
3
4
5
6
7
8
9
A
B
Correspondence
Valerie Shuttleworth, Director of Planning and Urban Design, provided a
brief overview of the Wynberry Developments Inc., Wismer Commons Community,
proposed plan of subdivision and zoning by-law amendment.
Kevin Hebib addressed Council with respect to Wynberry Developments
Inc. and indicated his support of the staff recommendation.
Karen Kessel addressed Council with respect to Wynberry Developments
Inc. and indicated her support of the staff recommendation.
David Hill addressed Council with respect to Wynberry Developments Inc.
and indicated his opposition to the staff recommendation.
Moved by Councillor G. McKelvey
Seconded by Councillor S.
Daurio
That draft plan of subdivision 19TM-01020 (Phase 2) (Wynberry
Developments Inc.), located on the south side of Monkhouse Road, east of
Spencer Avenue, be draft approved subject to the conditions outlined in
Appendix “A” to the staff report dated April 18, 2006;
That the application submitted by Wynberry Developments Inc. to amend
Zoning By-laws 304-87 and 177-76, as amended, be approved subject to the By-law
including a height restriction to limit permitted dwellings types to bungalows
on Lots 44,45 and 46 of the Plan of Subdivision, a height restriction to limit
the permitted two-storey dwellings on the remaining lots to 9.14m (30 ft)
measured from established grade to the top of the roof, a side yard setback
provision of 6 feet and 4 feet to allow a proper separation and ensure the new
development does not give the appearance of a solid wall of new construction,
and built-to provisions to ensure that the buildings are sited as close as
possible to the front lot line to maximize the rear yard setback, and the draft
by-laws attached as Appendix ‘B’ to the staff report dated April 18, 2006 (as
amended on May 9th, 2006), be enacted;
That the applicant agrees to pay their proportionate share of the
Highway 48 flow control measures, to the satisfaction of the Director of
Engineering;
That Wynberry Developments Inc. be granted a servicing allocation of 12
units for draft plan 19TM-01020 (Phase 2), such allocation to be from the total
allocation for the Wismer Commons Community, in accordance with the November
22, 2005 report on servicing allocation;
That the Town reserves he right to revoke or reallocate the servicing
allocation should the development not proceed in a timely manner;
That the Region of York be advised of the servicing allocation for this
development;
That the application 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 2005-189); and
And further that the draft plan of approval for plan of subdivision
19T-01020 (Phase 2) will lapse after a period of three years commencing April 18,, 2006, in the even that a
subdivision agreement is not executed within that period.
CARRIED AS AMENDED
(See following motions to
amend)
(See following
motions which were lost)
Moved by Councillor G. McKelvey
Seconded by Councillor E. Shapero
That the motion of Councillors McKelvey and Daurio be
amended by deleting paragraph 2 of the recommendation contained in the April
18, 2006 staff report and substituting the following in lieu therefore:
“That the application submitted by Wynberry
Developments Inc. to amend Zoning By-laws 304-87 and 177-76, as amended, be
approved subject to the By-law including a height restriction to limit
permitted dwellings types to bungalows on Lots 44,45 and 46 of the Plan of
Subdivision, a height restriction to limit the permitted two-storey dwellings
on the remaining lots to 9.14m (30 ft) measured from established grade to the
top of the roof, a side yard setback provision of 6 feet and 4 feet to allow a
proper separation and ensure the new development does not give the appearance
of a solid wall of new construction, and built-to provisions to ensure that the
buildings are sited as close as possible to the front lot line to maximize the
rear yard setback, and the draft by-laws attached as Appendix ‘B’ to the staff
report dated April 18, 2006 (as amended on May 9th, 2006), be
enacted.”;
CARRIED (7:5)
(See following recorded vote)
(See following
motions to amend which were lost)
YEAS: Mayor D. Cousens, Deputy Mayor F. Scarpitti,
Regional Councillor J. Heath, Councillor S. Daurio, Councillor
E. Shapero, Councillor G. McKelvey, Councillor J. Webster. (7)
NAYS: Regional Councillor J. Jones, Regional
Councillor B. O'Donnell, Councillor D. Horchik, Councillor K. Usman, Councillor
A. Chiu. (5)
ABSENT: Councillor J. Virgilio. (1)
Moved by Deputy Mayor F.
Scarpitti
Seconded by Councillor K.
Usman
That the motion of Councillors McKelvey and Shapero be
amended to reduce the side yard to four feet.
LOST (6:6)
(See following recorded vote)
YEAS: Mayor D. Cousens, Deputy Mayor F. Scarpitti,
Regional Councillor J. Heath, Councillor E. Shapero, Councillor G. McKelvey, Councillor
D. Horchik (6)
NAYS: Regional Councillor J. Jones, Regional
Councillor B. O'Donnell, Councillor S. Daurio, Councillor J. Webster, Councillor
K. Usman, Councillor A. Chiu. (6)
ABSENT: Councillor J. Virgilio. (1)
Moved by Deputy Mayor F. Scarpitti
Seconded by Councillor D. Horchik
That the motion of Councillor McKelvey and Councillor Shapero
be amended to provide for seven bungalows with the remaining houses to be
two-storey houses with a 30 foot height restriction.
LOST (6:6)
(See following recorded vote)
YEAS: Mayor D. Cousens, Deputy Mayor F. Scarpitti,
Regional Councillor J. Heath, Councillor E. Shapero, Councillor G. McKelvey,
Councillor D. Horchik (6)
NAYS: Regional Councillor J. Jones, Regional
Councillor B. O'Donnell, Councillor S. Daurio, Councillor J. Webster, Councillor
K. Usman, Councillor A. Chiu. (6)
ABSENT: Councillor J. Virgilio. (1)
Moved by Deputy Mayor F.
Scarpitti
Seconded by Councillor D.
Horchik
That the motion of
Councillors McKelvey and Daurio be amended to permit seven bungalows with a
thirty foot limit on the remaining two-story homes behind lots 10, 12, 14, 16
on David Gohn Circle.
LOST (6:6)
(See following recorded vote)
YEAS: Mayor D. Cousens, Deputy Mayor F. Scarpitti,
Regional Councillor J. Heath, Councillor E. Shapero, Councillor G. McKelvey, Councillor
D. Horchik (6)
NAYS: Regional Councillor J. Jones, Regional
Councillor B. O'Donnell, Councillor S. Daurio, Councillor J. Webster, Councillor
K. Usman, Councillor A. Chiu. (6)
ABSENT: Councillor Virgilio. (1)
Moved by Councillor D. Horchik
Seconded by Deputy Mayor
F. Scarpitti
That the motion of Deputy Mayor Scarpitti and
Councillor Horchik be amended to restrict the two-storey units behind 18 and 20
David Gohn Circle to 28.6 feet in height.
LOST
The Committee of the Whole meeting recessed at 7:00 p.m. and the remaining COW items were
discussed in the Council Chamber.
Moved by Councillor G. McKelvey
Seconded by Regional Councillor J. Heath
That Council resolve into COW to deliberate on the remaining COW items.
CARRIED
10. EXTENDED DRIVEWAYS COMMITTEE (16.24 &
10.5)
Report Revised
Terms of Ref
Moved by Councillor J. Webster
Seconded by Councillor G.
McKelvey
That the Terms of Reference for the Working Group established for the
purpose of commenting upon and refining the proposal for dealing with front and
exterior parking in residential areas, outlined in the revised Schedule “A” be
approved;
And that the following public process, to commence May 18th, be approved:
- Two Working
Group Workshops, chaired by a Facilitator
- Four Public
Information Sessions in each of the four sections of Markham
- Additional
Working Group meetings, as required
- Special
Development Services Committee Meeting Presentation
- Council for
final approval;
And that staff work with the Working Group and Members of Council to
establish suitable public information meeting dates:
And that the interim communications plan that includes: (1)
communication in writing with all residents who requested notification and to
residents involved in all of the outstanding investigations, (2) notices in the
local papers, (3) notices on the Town website, (4) publish notices on the
Community Centre marquees; and (5) education at the Contact Centre level to
assist staff in responding to queries.
And that the following citizen representatives be appointed to the
Working Group:
Name Ward
Rob Watters 1
Paul Fink 2
Harry Eaglesham 3
Ranveer Persaud 4
Don Hutchinson 5
David Johnston 6
7
Jeanette Anbinder 8
And, that Councillor K. Usman appoint a Ward 7 citizen representative
to the Working Group within four days from May 10, 2006 to be later ratified by
Council;
And, that the Mayor and the Regional Town Councillors appoint one
citizen to the Working Group within four days from May 10, 2006, one from each
of the four areas of Markham, to be later ratified by Council;
And that individual Members of Council may attend the Working Group
sessions as observers only;
And that the Facilitator chair the public information meetings, gather
input from the community residents, prepare—or at least assist—in the
preparation of the report.
CARRIED
AS AMENDED
(See following
motions to amend)
Moved by Councillor E. Shapero
Seconded by Councillor K. Usman
That the Extended Driveway Working Group report its
findings to Council through the Development Services Committee.
CARRIED
Moved by Regional Councillor J. Heath
Seconded by Councillor G. McKelvey
That Councillor K. Usman
appoint a Ward 7 citizen representative to the Working Group within four days
from May 10, 2006
to be later ratified by Council.
CARRIED
Moved by Regional Councillor Jones
Seconded by Regional Councillor J. Heath
That the Mayor and the Regional Town Councillors
appoint one citizen to the Working Group within four days from May 10, 2006, one
from each of the four areas of Markham, to be later ratified by Council.
CARRIED (6:5)
(See following recorded vote)
YEAS: Deputy Mayor F. Scarpitti, Regional
Councillor J. Heath, Regional Councillor J. Jones, Councillor E. Shapero, Councillor
D. Horchik, Councillor K. Usman (6)
NAYS: Mayor D. Cousens, Councillor D.
Daurio, Councillor G. McKelvey, Councillor J. Webster, Councillor A. Chiu. (5)
ABSENT: Regional Councillor B. O'Donnell,
Councillor J. Virgilio. (2)
Moved by Regional Councillor J. Jones
Seconded by Regional Councillor J. Heath
That the
Terms of Reference for the Working Groups be amended to add the following information
under the section outlining the role and
responsibilities of the Working Group:
·
becoming familiar with public
views and concerns regarding the draft strategy and
·
providing comments and
recommendations to the Development Services Committee.
CARRIED
Moved by Regional Councillor J. Jones
Seconded by Regional Councillor J. Heath
That the Terms of Reference for the Working Groups be amended to
incorporate the following:
1.
the public process will
commence no earlier than May 18, 2006.
2.
notices concerning meeting dates,
etc., will be posted on the Community Centre marquees.
3.
the location of the proposed public meetings
for Wards 1 and 2 is to be changed from the Heintzman House to the Council
Chamber.
4.
the Facilitator will chair the
public information meetings, gather input from the community residents, and
prepare—or at least assist—in the preparation of the report.
5.
individual Members of Council may
attend the Working Group sessions as observers only;
And that Jeanette Anbinder be appointed to the Working
Group as the Ward 8 representative and Harry Eaglesham appointed as the
Ward 3 representative.
CARRIED
Moved by Councillor E. Shapero
Seconded by Councillor K. Usman
That the Terms of Reference for the Working Groups be amended to
provide for two representatives per Ward.
LOST (5:6)
(See following recorded vote)
YEAS: Deputy Mayor F. Scarpitti, Regional
Councillor J. Jones, Councillor E. Shapero, Councillor D. Horchik, Councillor
K. Usman. (5)
NAYS: Mayor D. Cousens, Regional
Councillor J. Heath, Councillor S. Daurio, Councillor G. McKelvey, Councillor
J. Webster, Councillor A. Chiu. (6)
ABSENT: Regional Councillor B. O'Donnell,
Councillor J. Virgilio. (2)
Moved by Deputy Mayor F. Scarpitti
Seconded by Councillor A. Chiu
That Committee rise and
report.
CARRIED
The Committee of the Whole meeting adjourned at 7:00 p.m.