COUNCIL MINUTES
June
26 and 27, 2012, 7:00 p.m.
Council
Chamber, Anthony Roman Markham Civic Centre
Meeting No. 13
Alternate
formats for this document are available upon request
ROLL CALL
Mayor Frank
Scarpitti, Deputy Mayor Jack Heath, Regional Councillor Jim Jones, Regional
Councillor Gord Landon, Regional Councillor Joe Li, Councillor Valerie Burke,
Councillor Howard Shore, Councillor Don Hamilton, Councillor Carolina Moretti,
Councillor Colin Campbell, Councillor Alan Ho, Councillor Logan Kanapathi,
Councillor Alex Chiu.
STAFF
Andy Taylor, Chief
Administrative Officer
Jim Baird, Commissioner of
Development Services
Brenda Librecz, Commissioner
of Community and Fire Services
Trinela Cane, Commissioner
of Corporate Services
Catherine Conrad, Town Solicitor
Kimberley Kitteringham, Town
Clerk
Martha Pettit, Deputy Town
Clerk
Joel Lustig, Treasurer
Dennis
Flaherty, Director, Communications & Community Relations
John Wong, Technology
Support Specialist
Laurie Rose, Mayor's Chief
of Staff
Jacqueline Chan,
Assistant Town Solicitor
Lisa Reigel,
Assistant Town Solicitor
Gary Adamkowski,
Director of Asset Management
Bob Penner,
Supervisor, Business Systems Improvement
Bill Wiles,
Manager of Enforcement and Licensing
Paul Ingham, Director of
Operations
The regular
meeting of Council convened at 7:07 p.m. on June 26, 2012 in the Council
Chamber. Deputy Mayor Jack Heath
presided until the arrival of Mayor Frank Scarpitti at 8:08 p.m.
At 11:50 p.m.
on June 26, 2012, Council passed a motion to waive Section 3.28 of Procedural
By-law 2001-1 allowing the meeting to continue further than 12:01 a.m. on June
27, 2012. The motion moved by Councillor
Howard Shore and Councillor Alan Ho was carried by two-thirds vote of the
Members present.
1. DISCLOSURE OF PECUNIARY INTEREST
(1) None
declared.
2. MINUTES
(1) COUNCIL MINUTES – JUNE 12, 2012
Minutes
Moved by
Councillor Alex Chiu
Seconded by Councillor
Carolina Moretti
1) That
the Minutes of the Council Meeting held on June 12, 2012, be adopted.
CARRIED
3. PRESENTATIONS
(1) RECOGNITION
OF THE 35TH ANNIVERSARY OF THE
MARKHAM VILLAGE MUSIC FESTIVAL
(12.2.6)
Council
recognized the Chair, Ed Joaquin and Board of Directors on the 35th Anniversary of Markham
Village Music Festival held on June 15 and 16, 2012.
Council also
recognized Phil Mannell and Sonia Sarazi, Enbridge Gas Distribution Inc.,
Presenting Sponsor for the Markham Village Music Festival.
(2) SABISTON
LANDFILL (5.1)
Presentation
Gary
Adamkowski, Director of Asset Management, provided a PowerPoint Presentation on
the former Sabiston Landfill Site. Staff
responded to questions from Members of Council on this matter.
(See Delegation
Item No. 1, Motion Item No. 1 and Communication No. 52-2012)
4. DELEGATIONS
Council
consented to add Delegations Item Nos. 1 to 4.
(1) DELEGATIONS
– SABISTON LANDFILL (5.1)
Moved by Councillor
Howard Shore
Seconded by Councillor
Carolina Moretti
1) That the following delegations
regarding the motion titled "Sabiston Landfill" be received:
1. Rigby
Andrews, Settlers Park Residents Association, in support of the proposed
motion.
2. Kimberly
Seymour, Settlers Park Residents Association, in support of the proposed
motion.
3. Kuthur
M. Kalyanam, in support of the proposed motion.
4. Emma
Dillabough, in support of the proposed motion.
5. Laura
Barkin, in support of the proposed motion.
6. Eileen
Liasi, German Mills Residents Association, in support of the proposed motion.
7. Alena
Gotz, in support of the proposed motion.
8. Artem
Pozdnyakov, Settlers Park Residents Association, in support of the proposed
motion.
(See Presentation Item No. 2, Motion Item No.
1 and
Communication No. 52-2012)
CARRIED
(See following motion to consider the matter)
(See following motion for Artem Pozdnyakov)
Moved
by Councillor Howard Shore
Seconded
by Councillor Don Hamilton
That
Motion Item No. 1 titled "Sabiston Landfill" be brought forward for
consideration immediately following the delegations with respect thereto.
(See
Motion Item No. 1 for Council's decision on this matter)
CARRIED
(2/3 Vote was
requested & obtained)
Moved
by Councillor Carolina Moretti
Seconded
by Councillor Alan Ho
That Artem Pozdnyakov, President, Settlers Parks Residents Association,
be given an opportunity to address Council although the matter has already been
considered by Council earlier in the meeting.
CARRIED
(2/3 Vote was
requested & obtained)
(2) DELEGATIONS - UNIONVILLE VARLEY VILLAGE
INFILL HOUSING WORKING GROUP
(FILE NUMBER PR 10-118360)
(10.0)
The following individuals addressed Council regarding the item titled
"Unionville Varley Village Infill
Housing Working Group":
1. Christiane
Bergauer-Free, in support of the proposed recommendation.
2. Jim
Clarke, in support of the proposed recommendation.
Moved by Regional Councillor Jim Jones
Seconded by Councillor Howard Shore
That Council consider the matter titled
"Unionville Varley Village Infill
Housing Working Group" immediately following the delegations with respect
thereto.
(See Item No. 7,
Report No. 39 for Council's decision on this matter)
CARRIED
(2/3 Vote was
requested & obtained)
(3) DELEGATIONS
- OUTDOOR BOULEVARD PATIO (2.0)
- MAIN STREET UNIONVILLE
PROPOSED
PARKING PROHIBITION (2.17)
The following individuals addressed Council regarding the two items
titled "Outdoor Boulevard Patio" and "Main Street Unionville
Proposed Parking Prohibition":
1. Sharon
Taylor Woods, in opposition to the proposed recommendation on each of the two
items.
2. Parveen
Jhingan, in opposition to the proposed recommendation on each of the two items.
3. Tony
Lamanna, in opposition to the proposed recommendation on each of the two items.
4. Rob
Kadlovski, in opposition to the proposed recommendation item titled "Main
Street Unionville Proposed Parking Prohibition" and in support of the proposed
recommendation item titled "Outdoor Boulevard Patio"
5. Christine
Matthews, provided comments for the two items
Moved
by Councillor Carolina Moretti
Seconded
by Councillor Colin Campbell
That
Council consider the matters titled "Outdoor Boulevard Patio" and
"Main Street Unionville Proposed Parking Prohibition" immediately
following the delegations with respect thereto.
(See
Item No. 6, Report No. 38 and Item No. 4, Report No. 41 for Council's decision
on these matters)
CARRIED
(2/3 Vote was
requested & obtained)
(4) DELEGATION
– ROAD DEDICATION BY-LAW 2012-146
(DEDICATION OF WILLIAMSON
ROAD) (10.0)
Karen Rea
addressed Council on the proposed By-law No. 2012-146, a by-law to dedicate
Williamson Road. Jim Baird, Commissioner
of Development Services, provided clarification concerning the by-law.
5. PETITIONS
Council
consented to add Petitions Item No. 1.
(1) PETITION
– SABISTON LANDFILL (5.1)
Petition
Moved by Councillor
Howard Shore
Seconded by Councillor
Carolina Moretti
1) That the petition
signed by approximately 540 residents regarding the motion titled "Sabiston Landfill"
be received.
(See
Presentation Item No. 2, Motion Item No. 1 and
Communication
No. 52-2012)
CARRIED
6(a) REPORT NO. 38 - GENERAL COMMITTEE (June 18,
2012)
Council
consented to separate Item No. 6.
Moved by Councillor
Carolina Moretti
Seconded by Councillor
Valerie Burke
That Report
No. 38 – General Committee comprised of 7 items be received and adopted, except
Item No. 6. (See following Item No. 6)
(1) SOUTHEAST
MARKHAM COMMUNITY
CENTRE & LIBRARY - SITE
LAYOUT AND PROGRAM (6.6)
Presentation
1) That
the presentation by Mr.Andrew Frontini , Perkins + Will Canada, entitled “Southeast Markham
Community Centre & Library – Site Layout and Program” be received; and,
2) That
the recommended functional program areas as presented be approved for the
development of schematic design by the Design Consultant; and,
3) That
the recommended site layout as presented be approved for the development of
schematic design by the Design Consultant; and,
4) That
staff be directed to work with the developer of the surrounding land to
accelerate the timing of
construction by the developer of both the East-West road off of Middlefield
Road and the extension of Canfield Road south of 14th Avenue, in conjunction
with the design and construction of the Southeast Community Centre; and,
5) That
staff be directed to further explore the 60% better than National Energy Code
of Canada for Buildings (NECB) 2011 Sustainability Initiative as part of the
Southeast Community Centre & Library; and,
6) That
staff be directed to conduct a public charrette to confirm the building
program, and report back to Council; and further,
7) That
staff be authorized and directed to do all things necessary to give effect to
this resolution.
CARRIED
(2) MINUTES
OF THE MAY 25, 2012
GREENPRINT STEERING COMMITTEE
(16.0)
Minutes Memo Terms
of Reference
1) That the Minutes of the
May 25, 2012 Greenprint Steering Committee be received for information
purposes; and,
2) That the following
recommendation to Council be endorsed:
“That Council be requested to amend the Terms of Reference for the
Greenprint Steering Committee to reflect the following Sustainability Office
Strategies”:
a) Sustainability governance, integration, coordination and reporting
-
Set milestones and targets for Markham
to achieve
-
Meet at minimum twice yearly; mid-year
to receive an update and end of year to receive annual implementation report
and at the Chair’s call
- Advise on recommended updates as the
Greenprint is a living document
- Advise on priority indicator reporting
- Work with staff to develop sustainability
lens for Council use in decision making;
b) Greenprint promotion
- Be Greenprint champion
- Recognize and celebrate accomplishments
- Advise on communications strategy;
c) Sustainability services
- Provide guidance on Councillor
sustainability information needs
- Advise on opportunities for funding
partnerships
- Advocate externally as needed;
d) Priority focus
- Advise and support three focused priorities
of: Energy and Climate; Food Security; and, Access and Mobility.”
CARRIED
(3) MINUTES
OF THE MARCH 21 AND APRIL 18, 2012
ANIMAL CARE COMMITTEE (16.0)
March April Revised
Terms of Reference
1) That
the Minutes of the March 21 and April 18 Committee be received for information
purposes.
2) That the following
recommendation from the Animal Care Committee meeting held on April 18, 2012 be
endorsed:
“That the revised Animal Care Committee Terms of Reference be approved,
as presented in Appendix A”.
CARRIED
(4) DRAFT
2011 CONSOLIDATED FINANCIAL STATEMENTS (7.0)
Report Attachment
A
1) That
the report “Draft 2011 Consolidated Financial Statements”
be received; and,
2) That
Council approve Markham’s Draft Consolidated
Financial Statements including Markham
Enterprises Corporation (MEC) for the fiscal year ended December 31, 2011; and,
3) That
Council authorize Staff to issue the Financial Statements (including MEC) for
the fiscal year ended December 31, 2011 upon receiving the auditors’ final report; and further,
4) That
Staff be authorized and directed to do all things necessary to give effect to
this resolution.
CARRIED
(5) AWARD
OF TENDER 086-T-12 CLOSED
CIRCUIT TELEVISION INSPECTION
OF
SANITARY AND STORM SEWER MAINS
(5.5)
Report
1)
THAT the
report entitled “Award of Tender 086-T-12 Closed Circuit Television
Inspection of Sanitary and Storm Sewer Mains” be received;
2)
And That Tender 086-T-12 for Closed Circuit Television Inspection of
Sanitary and Storm Sewer Mains be
awarded to the lowest priced bidder, Dambro Environmental Inc., for one
(1) year in the amount of $201,220.22
inclusive of HST and be funded from the Waterworks and Operations Departments
accounts as detailed in the financial template;
3)
And That
the Director of Operations, Director of Environmental Services and Manager of
Purchasing be authorized to extend the contract for three (3) additional years
at the same itemized pricing as outlined below, subject to Council approval of
the annual budgets;
·
2013 - $ 201,220.22
·
2014 - $ 201,220.22
·
2015 - $ 201,220.22
4)
And that Staff be authorized and directed to do
all things necessary to give effect to this resolution.
CARRIED
(6) OUTDOOR
BOULEVARD PATIO (2.0)
Moved by Councillor
Colin Campbell
Seconded by Councillor
Carolina Moretti
1) That preparation of Markham -wide Urban
Design Guideline & By-law to permit Boulevard Patios be brought forward in
the 1st Quarter of 2013; and,
2) The Urban Design Guidelines and By-law
be developed in consultation with the Main Street Markham Reconstruction
Project; and,
3) That Encroachment Agreements,
containing public safety requirements, be entered into for any Main Street
businesses wishing a patio in 2012; and,
4) That the above recommendations apply to
any other appropriate outdoor patios within Markham; and further,
5) That Staff be authorized and directed to do all
things necessary to give effect to this resolution.
CARRIED
(See following to consider)
Moved
by Councillor Carolina Moretti
Seconded
by Councillor Colin Campbell
That
Council consider the matter titled "Outdoor Boulevard Patio"
immediately following the delegations with respect thereto.
(See
Delegation Item No. 3)
CARRIED
(2/3 Vote was
requested & obtained)
(7) STANDING COMMITTEE/ COUNCIL MEETING
SCHEDULE (16.0)
1) That
Council endorse the proposed Standing Committee/Council pilot project meeting
calendar from September to December 2012.
CARRIED
6(b) REPORT NO. 39 - DEVELOPMENT SERVICES
COMMITTEE (June 19, 2012)
Council
consented to separate Item Nos. 4 and 7.
Moved by Regional
Councillor Jim Jones
Seconded by Councillor
Don Hamilton
That Report
No. 39 – Development Services Committee comprised of 9 items be received and
adopted, except Item Nos. 4 and 7. (See following Item Nos. 4 and 7)
(1) PROPOSED RENAMING OF A ROAD
ON A REGISTERED PLAN
CATHEDRAL COMMUNITY (10.14)
Report
1) That
the Town of Markham rename a road on Registered Plan 65M-4314 currently named
Roman High Street to Cathedral High Street; and,
2) That
the Owner (Crown of Markham Inc.) confirm in writing that notification of the
proposed street name change will be sent to all affected future third parties;
and further,
3) That
Staff be authorized and directed to do all things necessary to give effect to
this resolution.
(By-law 2012-147)
CARRIED
(2) DESIGN, CONSTRUCTION AND FINANCING OF A
NEIGHBORHOOD PARK IN MARKHAM
CENTRE
BY RULAND PROPERTIES INC.
(6.3)
Report
1) That
the report dated June 19, 2012 to Development Services Committee, entitled
“Design, Construction and Financing of a Neighborhood Park in Markham Centre by
Ruland Properties Inc.” be received; and,
2) That
Council approve the request by Ruland Properties Inc. to finance the cost of
design, construction, and contract administration of a neighbourhood park known
as Block 39 on draft plan of subdivision 65M-4060, subject to the following
conditions:
A. That
Ruland Properties Inc. finance the cost of the design, construction, and
contract administration of this park to a minimum value of $800,000.00 per acre
based on 0.74 acres / 0.3 ha of park which totals approximately $592,000.00
inclusive of all applicable taxes but exclusive of HST; and,
B. That,
subject to compliance with these terms and conditions, the Town of Markham
reimburse Ruland Properties Inc., up to a maximum of $592,000.00 plus HST,
towards this project from development charges for park development under the
understanding that Ruland Properties Inc. may contribute additional funds above
this amount which will not be reimbursable by the Town, towards the development
of this park; and,
C. That
subsequent to collection of sufficient Development Charges for park
development, the Town shall reimburse Ruland Properties Inc., for invoices paid
for approved costs associated with the design, construction, and contract
administration, for development of this park. No interest on such invoices
shall be payable by the Town. Reimbursement terms are as follows:
a. Ruland
Properties Inc. may only invoice the Town for 80% of approved costs for this
park provided that:
i. at
least 45 days from the date of publication of Substantial Performance has
transpired;
ii. proof
of publication has been submitted with the invoice;
iii. no
liens have been registered in regard to this contract;
iv. the
constructed work has reached Total Completion to the Town’s satisfaction after
which the two year warranty period shall begin;
v. the
landscape architect has issued to the Town a Total Completion certificate; and,
b. the
remaining 20% of Town approved costs for this park shall be retained by the
Town for a minimum of two years from Total Completion and shall be paid to
Ruland Properties Inc. upon Ruland Properties Inc. invoicing the Town for the remaining 20% for
this park, provided the following has occurred in the order listed here:
i. two
years has passed from the date of Total Completion;
ii. that
the two year warranty inspection has occurred with the Town;
iii. that
all noted deficiencies at the two year warranty inspection have been completed
to the Town’s satisfaction to the point of total performance;
iv. that
Final Acceptance has been granted by the Town;
v. that
the landscape architect has issued a certificate certifying the warranty period
has expired and further that noted deficiencies have been completed in general
conformance to the plans and specifications;
vi. that
any liens registered in regard to the contract have been released and/or paid
by Ruland Properties Inc.;
vii. and
further, that the two year maintenance obligations had been performed during
the warranty period, failing which, the Town shall use the remaining funds at
its sole discretion to compensate for the unfulfilled obligations; and,
c. or
alternatively, Ruland Properties Inc. may invoice the Town for 100% of approved
costs two years after the date of Total Completion for the park provided items
b, i through vii, as listed above, have occurred to the Town’s satisfaction;
and,
D. That
Owners/Developers within Markham Centre including Ruland Properties Inc. not
receive any credit towards park development charges and continue to pay the
park development charge at the building permit stage for all present and future
development phases of this development; and,
E. That
Ruland Properties Inc. hire a landscape architect who is a Full Member of the
OALA having custody and use of the Association seal, approved by the Town, to
provide professional design, contract document, and contract administration
services, to the satisfaction of the Town as outlined in Appendix ‘B’; and,
F. That
Ruland Properties Inc. follow the Town’s standard park and open space approval
process for this park which includes development of several design concepts,
holding community input meetings, presentation to selected Standing and
Advisory Committees as applicable, as well as review and approval by the
Manager of Parks and Open Space Development, Planning and Urban Design
Department, in consultation with the Parks Operations Department; and,
G. That
Ruland Properties Inc. tender out the construction of the park works, either
separately or collectively, to a minimum of three bidders to the satisfaction
of the Town including providing the Town with a copy of all bids submitted
within 24 hours of tender close. The successful bidder will be responsible to
construct and maintain the park from the time park construction is begun until
Final Acceptance by the Town; and,
H. That,
notwithstanding the requirement noted above in Condition (G), Ruland Properties
Inc. shall tender and award a maintenance contract for this park to Town
standards. The maintenance contract for
the park must be tendered and awarded at the same time as the construction
contract and cover a minimum period of 2 years detailed maintenance as outlined
in Appendix ‘C’ (“Developer Obligations: Two Year Maintenance Activities”) to
the Town’s satisfaction and that maintenance of the park shall continue until
Final Acceptance of the park. Costs for
the 2 year (minimum) maintenance contract are the responsibility of Ruland
Properties Inc. The Town will not reimburse Ruland Properties Inc. for costs
associated with this additional maintenance obligation for the park; and,
I. That
this park be included in the Urban Design, Development Services Commission,
Capital Budget submission in 2013 identifying the total budget in the amount of
$655,600 which includes the amount to be reimbursed, the HST impact, and the
internal charges; and further,
3) That
staff be authorized and directed to do all things necessary to give effect to
this resolution.
CARRIED
(3) DESIGN, CONSTRUCTION AND FINANCING OF
THREE STRATA PARKS AT THE
WORLD-ON-YONGE
SITE BY LIBERTY DEVELOPMENT
CORPORATION
(FOR AND ON BEHALF OF 1691126
ONTARIO INC.) (6.3)
Report
1) That
the report dated June 19, 2012 to Development Services Committee, entitled
“Design, Construction and Financing of Three Strata Parks at the World-On-Yonge
Site by Liberty Development Corporation (for and on behalf of 1691126 Ontario
Inc.)” be received; and,
2) That
Council approve the request by 1691126 Ontario Inc. to finance the cost of
design, construction, and contract administration of three public strata parks
known as Part of Lot 18, Register’s Compiled Plan 10327, designated as Parts
14, 18 and 20, on an unregistered reference plan prepared by Schaeffer Dzaldov
Bennett, Ltd. Job No. 06-156-02C, subject to the following conditions:
A. That
1691126 Ontario Inc. finance the cost of the design, construction, and contract
administration of this park to a minimum value of $1,500,000 per acre based on
1.386 acres / 0.56 ha of parks which totals approximately $2,079,000 inclusive
of all applicable taxes but exclusive of HST; and,
B. That,
subject to compliance with these terms and conditions, the Town of Markham
reimburse 1691126 Ontario Inc., up to a maximum of $2,079,000, plus HST,
towards this project from development charges for park development under the
understanding that1691126 Ontario Inc. may contribute additional funds above
this amount which will not be reimbursable by the Town, towards the development
of these parks; and,
C. That
subsequent to collection of sufficient Development Charges for park
development, the Town shall reimburse 1691126 Ontario Inc., for invoices paid
for approved costs associated with the design, construction, and contract
administration, for development of each park. No interest on such invoices
shall be payable by the Town. Reimbursement terms are as follows:
a. 1691126
Ontario Inc. may only invoice the Town for 80% of approved costs for each park
provided that:
i. at
least 45 days from the date of publication of Substantial Performance has
transpired;
ii. proof
of publication has been submitted with the invoice;
iii. no
liens have been registered in regard to this contract;
iv. the
constructed work has reached Total Completion to the Town’s satisfaction after
which the two year warranty period shall begin;
v. the
landscape architect has issued to the Town a Total Completion certificate;
vi. and
further, that the strata park lands have been conveyed to the Town in
accordance with all of the terms and conditions set out in Section 26, Parkland
Conveyance, in the Site Plan Control Agreement, dated January 24, 2011 between 1691126 Ontario Inc. and the Town; and,
b. the
remaining 20% of Town approved costs for each park shall be retained by the
Town for a minimum of two years from Total Completion and shall be paid to
1691126 Ontario Inc. upon 1691126 Ontario Inc. invoicing the Town for the
remaining 20% for each park, provided the following has occurred in the order
listed here:
i. two
years has passed from the date of Total Completion;
ii. that
the two year warranty inspection has occurred with the Town;
iii. that
all noted deficiencies at the two year warranty inspection have been completed
to the Town’s satisfaction to the point of total performance;
iv. that
Final Acceptance has been granted by the Town;
v. that
the landscape architect has issued a certificate certifying the warranty period
has expired and further that noted deficiencies have been completed in general
conformance to the plans and specifications;
vi. that
any liens registered in regard to the contract have been released and/or paid
by 1691126 Ontario Inc.;
vii. that
the two year maintenance obligations had been performed during the warranty
period, failing which, the Town shall use the remaining funds at its sole
discretion to compensate for the unfulfilled obligations; and,
c. or
alternatively, 1691126 Ontario Inc. may invoice the Town for 100% of approved
costs two years after the date of Total Completion for each park provided items
b, i through vii, as listed above, have occurred to the Town’s satisfaction;
and,
D. That
Owners/Developers within the World-On-Yonge development, including 1691126
Ontario Inc. not receive any credit towards park development charges and
continue to pay the park development charge at the building permit stage for
all present and future development phases of this development; and,
E. That
1691126 Ontario Inc. hire a landscape architect who is a Full Member of the
OALA having custody and use of the Association seal, approved by the Town, to
provide professional design, contract document, and contract administration
services, to the satisfaction of the Town as outlined in Appendix ‘B’; and,
F. That
1691126 Ontario Inc. follow the Town’s standard park and open space approval
process for each park which includes development of several design concepts,
holding community input meetings, presentation to selected Standing and
Advisory Committees as applicable, as well as review and approval by the
Manager of Parks and Open Space Development, Planning and Urban Design
Department, in consultation with the Parks Operations Department; and,
G. That
1691126 Ontario Inc. tender out the construction of the park works, either
separately or collectively, to a minimum of three bidders to the satisfaction
of the Town including providing the Town with a copy of all bids submitted
within 24 hours of tender close. The successful bidder will be responsible to
construct and maintain the park from the time park construction is begun until
Final Acceptance by the Town; and,
H. That,
notwithstanding the requirement noted above in Condition (G), 1691126 Ontario
Inc. shall tender and award a maintenance contract for each park to Town
standards. The maintenance contract for
the park must be tendered and awarded at the same time as the construction
contract and cover a minimum period of 2 years detailed maintenance as outlined
in Appendix ‘C’ (“Developer Obligations: Two Year Maintenance Activities”) to
the Town’s satisfaction and that maintenance of the park shall continue until
Final Acceptance of the park. Costs for
the 2 year (minimum) maintenance contract are the responsibility of 1691126
Ontario Inc. The Town will not reimburse 1691126 Ontario Inc. for costs
associated with this additional maintenance obligation for each of the parks;
and,
I. That
these parks be included in the Urban Design, Development Services Commission,
Capital Budget submission in 2013 identifying the total budget in the amount of
$2,302,700 which includes the amount to be reimbursed, the HST impact, and the
internal charges; and further,
3) That staff be authorized and directed to do all
things necessary to give effect to this resolution.
CARRIED
(4) OPTIONS TO COMPENSATE PROPERTY
OWNERS/TENANTS AFFECTED BY
TOWN INITIATED STREET NAME
CHANGES (10.14)
Report
1)
That the report entitled “Options to compensate Property Owners/Tenants
affected by Town initiated street name changes”, dated June 19, 2012, be
received; and,
2) That
the request for compensation, by the affected business owner, not be supported;
and further,
3) That Staff be authorized and
directed to do all things necessary to give effect to these resolutions.
CARRIED BY A RECORDED VOTE (11:2)
(See following recorded vote)
YEAS: Mayor
Frank Scarpitti, Deputy Mayor Jack Heath, Regional Councillor Jim Jones,
Regional Councillor Gord Landon, Regional Councillor Joe Li, Councillor Valerie
Burke, Councillor Howard Shore, Councillor Don Hamilton, Councillor Alan Ho,
Councillor Logan Kanapathi, Councillor Alex Chiu. (11)
NAYS: Councillor
Carolina Moretti, Councillor Colin Campbell. (2)
(5) ELIAS AND EKATERINI BOBOTSIS
9941 WOODBINE AVENUE
EAST SIDE OF WOODBINE AVENUE
SOUTH OF MAJOR MACKENZIE DRIVE
APPLICATIONS FOR OFFICIAL PLAN
AND
ZONING BY-LAW AMENDMENTS AND
SITE PLAN APPROVAL TO PERMIT
AN
EXPANSION OF THE ROYAL CACHET
MONTESSORI SCHOOL
(OPA, ZA AND SC 11 110068)
(10.3, 10.5, 10.6)
Report
1) That the report entitled “RECOMMENDATION REPORT, Elias and Ekaterini Bobotsis, 9941 Woodbine Avenue, East side of Woodbine Avenue, south of Major
Mackenzie Drive, Applications for Official Plan and Zoning By-law Amendments
and Site Plan Approval to permit an expansion of the Royal Cachet Montessori
School, File No.’s: OPA, ZA and SC 11 110068” be received; and,
2) That
the application submitted by Elias and Ekaterini Bobotsis to amend the Official
Plan, be approved and that the draft Official Plan Amendment attached as
Appendix “A”, be finalized and adopted without further notice; and,
3) That
the notice of adoption of the Official Plan Amendment be forwarded to the
Region of York for final approval of the Official Plan Amendment; and,
4) That
the application submitted by Elias and Ekaterini Bobotsis to amend Zoning
By-law 304-87, as amended, be approved and the draft by-law attached as
Appendix “B”, be finalized and enacted without further notice; and,
5) That
the application submitted by Elias and Ekaterini Bobotsis for site plan
approval be endorsed in principle, subject to the conditions outlined in
Appendix “C”; and,
6) That
site plan approval be delegated to the Director of Planning and Urban Design or
designate, to be issued following execution of a site plan agreement. Site Plan Approval is issued only when the
Director or designate has signed the plans; and,
7) That
the site plan endorsement shall lapse after a period of three (3) years from
the date of endorsement in the event that a site plan agreement is not executed
within that period; and,
8) That
Staff be authorized and directed to do all things necessary to give effect to
this resolution.
(By-laws 2012-148 and 2012-149)
CARRIED
(6) PHASING PLAN FOR PHASE 2
OF THE TIMES UPTOWN MARKHAM
PLAN OF SUBDIVISION
(19TM-070003)
SOUTH SIDE OF HIGHWAY 7, EAST
OF WARDEN AVENUE
(SU 12 133313) (10.7)
Report
1) That
the staff report titled “Phasing Plan for Phase 2 of the Times Uptown Markham
Plan of Subdivision (19TM-070003), South side of Highway 7, east of Warden
Avenue,” be received; and,
2) That
the phasing plan attached as Appendix ‘A’ to the staff report, be approved for
Phase 2 only; and,
3) That
the subdivision agreement for Phase 2 include provisions to secure the
construction of Rougeside Promenade to the west boundary of the applicant’s
lands, if required by the Town; and,
4) That,
prior to the execution of a subdivision agreement for Phase 3, the Owner shall
submit a comprehensive phasing plan for approval by Council and enter into a
phasing agreement, if required by the Town; and,
5) That
Staff be authorized and directed to do all things necessary to give effect to
this resolution, and further,
6) And
that staff report back as soon as possible on the opportunity for alternate
VIVA routes along Highway 7 between Kennedy Road and Town Centre Blvd.
CARRIED
(7) RECOMMENDATION REPORT:
UNIONVILLE VARLEY VILLAGE
INFILL HOUSING WORKING GROUP
(FILE NUMBER PR 10-118360)
(10.0)
Report
Moved by Regional
Councillor Jim Jones
Seconded by Councillor
Don Hamilton
1) That
the deputations by Christiane Bergauer-Free and Jim Clarke regarding the
Unionville Varley Village Infill Housing, be received; and,
2) That
the report entitled: “Recommendation Report: Unionville Varley Village Infill
Housing Working Group (File Number 10-118360)” be received; and,
3) That
Development Services Committee endorse the recommendation of the Unionville
Sub-Committee that the Town of Markham not proceed with an Infill Housing
By-law for the Varley Village area.
CARRIED BY A UNANIMOUS RECORDED VOTE (13:0)
(See following recorded vote)
YEAS: Mayor
Frank Scarpitti, Deputy Mayor Jack Heath, Regional Councillor Jim Jones,
Regional Councillor Gord Landon, Regional Councillor Joe Li, Councillor Valerie
Burke, Councillor Howard Shore, Councillor Don Hamilton, Councillor Carolina
Moretti, Councillor Colin Campbell, Councillor Alan Ho, Councillor Logan
Kanapathi, Councillor Alex Chiu.
(8) MARKHAM’S PARTICIPATION IN THE
GREATER TORONTO CHINESE
BUSINESS ASSOCIATION
CHINA TRADE MISSION NOVEMBER
21 – DECEMBER 5, 2012 (10.16)
Report
and Attach A Attach
B
1) That
the report entitled “Markham’s Participation in the Greater Toronto Chinese
Business Association China Trade Mission November 21 – December 5, 2012” be
received; and,
2) That
the Town be represented by a five person delegation composed of the Mayor, the
Chair of the Economic Development Committee, one Council Member, the Director
of the Economic Development Department, and one Senior Business Development
Officer; and,
3) That
the total cost of the mission not exceed $53,600.00 and be expensed from within
the 2012 Economic Alliance Program 610-9985812 ($30,600.00), the Business
Marketing Account 610-9985808 ($11,000.00), and the Economic Development
Business Travel Account 610-9985201
($12,000.00); and further,
4) That
Staff be authorized and directed to do all things necessary to give effect to
this resolution.
CARRIED
(9) MAIN
STREET MARKHAM, HIGHWAY 7 TO BULLOCK DRIVE
TEMPORARY PARKING RESTRICTIONS
(2.17)
Whereas the replacement of municipal infrastructure on Main Street
Markham from Highway 7 to Bullock Drive will commence July 3, 2012 and be completed
late October 2012; and,
Whereas traffic on Main Street will be restricted to one lane
southbound during construction; and,
Whereas local Main Street traffic is anticipated to redistribute around
Main Street using surrounding local roads; and,
Whereas parking on Main Street (Highway 7 to Bullock Drive) will be
prohibited during construction; and,
Whereas staff will monitor traffic in the area during construction and
may need to temporarily prohibit parking on certain roads for traffic operations
and safety reasons; and,
Whereas staff, in consultation with the local Councillors, may
temporarily wish to permit parking on surrounding local streets to help offset
the loss of existing parking in the area; and,
Now therefore be it
resolved:
1) That Schedule ‘C’ of Parking By-law 2005-188, prohibiting
parking be amended to include local roads in the Main Street Markham area
(Highway 7 to Bullock Drive) as required by the Directors of Engineering and
Operations and the Manager of By-law Enforcement in consultation with the local
Councillors; and,
2) That, upon completion of the project, Schedule ‘C’ of Parking
By-law 2005-188 be amended by rescinding the temporary parking prohibitions;
and,
3) That Schedule ‘D’ of Parking By-law 2005-188 permitting parking
for restricted periods, be amended to include local roads in the Main Street
Markham area (Highway 7 to Bullock Drive) as required by the Directors of
Engineering and Operations and Manager of By-law Enforcement in consultation
with the local Councillors; and,
4) That the Parking Control Department be directed to enforce
the parking restrictions upon installation of the signs; and, further,
5) That staff be authorized and directed to do all things
necessary to give effect to this resolution.
CARRIED
6(c) REPORT NO. 40 - DEVELOPMENT SERVICES
PUBLIC MEETING
(June 19, 2012)
Moved by Regional
Councillor Jim Jones
Seconded by
Councillor Don Hamilton
Report
1) That the
report titled “PRELIMINARY REPORT, Dovcom Realty Inc. & Wismer Markham
Developments Inc., Zoning Amendment to permit an increase in the width of
driveways and garages on certain lots within Draft Plan of Subdivision
19TM-02009 and to permit the rezoning of part lots to match the zoning of the
adjoining part lots within Phase 3b and 4 of Plan 19TM-02009” dated May 8,
2012, be received; and,
2) That
the Record of the Public Meeting held on June 19, 2012, with respect to the
proposed amendment to permit an increase in the width of driveways and garages
on certain lots within Draft Plan of Subdivision 19TM-02009 and to permit the
rezoning of part lots to match the zoning of the adjoining part lots within
Phase 3b and 4 of Plan 19TM-02009, be received; and,
3) That
the application by Dovcom Realty Inc. & Wismer Markham Developments Inc.,
Zoning Amendment to permit an increase in the width of driveways and garages on
certain lots within Draft Plan of Subdivision 19TM-02009 and to permit the
rezoning of part lots to match the zoning of the adjoining part lots within
Phase 3b and 4 of Plan 19TM-02009, be approved; and further,
4) That
the proposed amendment to the Town’s Zoning By-law 177-96, as amended, be
enacted without further notice.
CARRIED
Report Attachment
1) That
the written submissions by Ami Au-Yeung and Edwin Fong, Kelly Chan, and Grace
Fong regarding the application by Markham Centre Development Corp. for the
north side of Enterprise Boulevard, be received; and,
2) That
the deputation by Tupper Wheatley regarding the application by Markham Centre
Development Corp. for the north side of Enterprise Boulevard, be received; and,
3) That the Development Services
Commission report dated May 22, 2012, entitled “Preliminary Report, Markham
Centre Development Corporation, North side of Enterprise Boulevard, west of
Kennedy Road, Applications for Official Plan and zoning by-law amendment to
permit a high density residential development, Files OP 08 106659 and ZA 08
106664,” be received; and,
4) That the Record of the
Public Meeting held on June 19, 2012 with respect to the proposed amendments,
be received; and,
5) That the Official Plan Amendment application (OP 08 106659)
be approved and the draft Official Plan Amendment be finalized and adopted;
and,
6) That the zoning by-law amendment application (ZA 08 106664)
be approved and the draft zoning by-law amendments be finalized and enacted on
June 26, 2012 if possible, or alternatively, the first Council meeting in
September, 2012; and further,
7) That staff be authorized and directed to do all things
necessary to give effect to this resolution.
CARRIED
6(d) REPORT NO. 41 - GENERAL COMMITTEE (June 25
and 26, 2012)
Council consented
to separate Item Nos. 4 and 12.
Moved by Councillor
Carolina Moretti
Seconded by Councillor
Logan Kanapathi
That Report
No. 41 – General Committee comprised of 12 items be received and adopted,
except Item Nos. 4 and 12. (See following Item Nos. 4 and 12)
ITEMS 1 TO 7 ARE FROM JUNE 25, 2012 GENERAL COMMITTEE MEETING
(1) 2013
BUDGET CALENDAR (7.5)
Report
1) That the report dated June 25, 2012
entitled “2013 Budget Schedule” be received; and,
2) That the Budget Committee meetings
scheduled for the dates and times below be approved:
Meeting #1 – Friday, October 5th
(9:00 a.m. to 12:00 p.m. – Canada Room)
Meeting #2 – Friday, October 12th
(9:00 a.m. to 12:00 p.m. – Canada Room)
Meeting #3 – Monday, October 15th
(9:00 a.m. to 12:00 p.m. – Council Chamber)
Meeting #4 – Tuesday, October 16th
(9:00 a.m. to 12:00 p.m. – Council Chamber)
Meeting #5 – Friday, October 19th
(9:00 a.m. to 12:00 p.m. – Canada Room)
Meeting #6 – Friday, October 26th
(9:00 a.m. to 12:00 p.m. – Council Chamber)
3) That the above Budget Committee
meetings are subject to change pending approval of the General Committee and
Development Services Committee meeting schedule from September to December
2012; and,
4) That two public meetings will be held
at the Civic Centre on Wednesday October 10th and Thursday, October
25th respectively to receive public feedback on the 2013 Budget; and
further,
5) That Staff be authorized and directed
to do all things necessary to give effect to this resolution.
CARRIED
(2) STATUS
OF CAPITAL PROJECTS AS OF
MARCH 31, 2012 (7.5)
Report Attachment
A Attachment
B Attachment
C
Revised
Attach A, B and C
1) That the report entitled “Status of
Capital Projects as of May 31, 2012” be received; and,
2) That the net amount of $9.458M from the
closure of capital projects be transferred to the sources of funding as listed
on Exhibit A which includes the top up for the capital contingency in the
amount of $152,700, top up of the Design development charge contingency in the
amount of $55,425 and transfer of funds to the Sanitary Sewer System
Upgrade/Rehabilitation Program in the amount of $439,371; and,
3) That the net amount of $109,818 from
the closure of tree replacement/planting capital projects be transferred to the
Life Cycle Replacement & Capital reserve fund for the purpose of the
Emerald Ash Borer (EAB) program (include management and treatment where
possible); and further,
4) That Staff be authorized and directed
to do all things necessary to give effect to this resolution.
CARRIED
(3) CONSOLIDATED
STATIONARY BUSINESS BYLAW (2.0)
Report Bylaw
1) That the report entitled “Consolidated
Stationary Business Licensing By-law” be received; and,
2) That Appendix ‘A’ – the Consolidated
Stationary Business Licensing By-law be enacted to provide for the licensing
and regulation of stationary businesses; and,
3) That the 27 separate By-laws currently
governing stationary businesses in Markham (see table below), be repealed and
replaced as schedules in the proposed Consolidated Stationary Business
Licensing By-law; and,
4) That By-laws 2007-146, 2008-17 and 2008-18
related to the application of pesticides be repealed; and,
5) That the Holistic Practitioners
Registry, By-law 2004-309 be repealed; and further,
6) That
Staff be authorized and directed to do all things necessary to give effect to
this resolution.
(By-law 2012-158)
CARRIED
(4) MAIN
STREET UNIONVILLE PROPOSED
PARKING PROHIBITION (2.17)
Report Bylaw
Moved by Councillor
Don Hamilton
Seconded by Councillor
Carolina Moretti
1) That the staff report entitled “Main
Street Unionville Proposed Parking Prohibition”, be received; and,
2) That Operation and By-law Enforcement
staff be authorized to implement additional parking restrictions at driveway
access points along the west side of Main Street, Unionville (from Carlton Road
to Station Lane); and,
3) That Operation staff investigate
opportunities to increase the number and locations of accessible parking spaces
on Town owned property in close proximity to Main Street, Unionville (Business
Improvement Area district); and,
4) That Operations and By-law monitor the
effectiveness of the modified parking restrictions and report back to General
Committee in January 2013; and
5) That the Operations Department be directed to install the appropriate signs at the subject locations, funded through
the Operations Department account # 083-5399-8402-005; and,
6) That the Operations Department be
directed to maintain the signs at the subject locations;
7) That the Parking Control Department be
directed to enforce the parking prohibition upon approval of the By-law
amendment and installation of the signs; and further,
8) That staff work with
Councillor Don Hamilton and Regional Councillor Jim Jones and parking lot
owners on improving parking in the east and west rear private lots to increase
integrated parking opportunities; and,
9) That staff be authorized and directed
to do all things necessary to give effect to this resolution.
CARRIED
Council consented to add the following as Resolution No.
8 to the proposed recommendation:
"8) That
staff work with Councillor Don Hamilton and Regional Councillor Jim Jones and
parking lot owners on improving parking in the east and west rear private lots to increase
integrated parking opportunities."
Moved
by Councillor Carolina Moretti
Seconded
by Councillor Colin Campbell
That
Council consider the matter titled "Main Street Unionville Proposed
Parking Prohibition" immediately following the delegations with respect
thereto.
(See
Delegation Item No. 3)
CARRIED
(2/3 Vote was
requested & obtained)
(5) SWEDEN’S
SMART COMMUNITIES TOUR
SEPTEMBER 8-15, 2012 IN
STOCKHOLM SWEDEN (3.0)
Report
1) That authorization be granted for two
staff (one from Environmental Services Department of Community and Fire
Services Commission and one staff from Development Services Commission) to
attend the Smart Energy Communities Tour in Stockholm, Sweden in September
2012; and,
2) That expenses be paid in accordance to
Town’s Policy from the 2012 Operating Budget; and further,
3) That Staff be authorized and directed
to do all things necessary to give effect to this resolution.
CARRIED
(6) YORK
DOWNS GOLF & COUNTRY CLUB
AUXILIARY WATER SUPPLY SYSTEM
AGREEMENT RENEWAL (5.3)
Report Attachment
A Attachment
B Attachment
C Attachment
D Attachment
E
1) That
the staff report entitled “York Downs Golf & Country Club Auxiliary Water
Supply System Agreement Renewal” be received; and,
2) That
the renewal of the existing agreement between the Town of Markham and the York
Downs Golf & Country Club for the supply of water from the York Downs
Stormwater Management Pond ‘H’ for irrigation purposes be authorized for an
additional seven (7) year term; and,
3) That
the Mayor and Clerk be authorized to execute the renewal agreement in a form
satisfactory to the Town Solicitor and the Director of Asset Management; and,
4) That
the Commissioner of Community & Fire Services be authorized and delegated
the authority to approve and execute any future agreement renewals, if required
by the York Downs Golf & Country Club, and subject to such terms and
conditions deemed appropriate by the Commissioner, Community & Fire Services,
the Commissioner, Corporate Services and the Town Solicitor; and further,
5) That Staff be authorized and directed
to do all things necessary to give effect to this resolution.
CARRIED
(7) ANNUAL
FIELD AGREEMENT – YORK REGION
DISTRICT SCHOOL BOARD (5.0)
Report
1) Annual
report titled Annual Field Agreement – York Region District School Board be
received; and,
2) That
the Commissioner of Community and Fire Services be authorized to executed the
Annual Field Agreement – York Region district Board of Education; and further,
3) That
staff be directed to do all things necessary to give effect to this resolution.
CARRIED
ITEMS 8 TO 12 ARE FROM JUNE 26, 2012 GENERAL COMMITTEE MEETING
(8) FITNESS
CENTRE UPDATE (3.0)
Report Attachment
A Attachment
B Attachment
C
1) That the report entitled “Fitness Centre Update” be
received; and
2) That Staff continue to monitor and implement strategies to
increase awareness and promotion of Fitness Centre as outlined in this report;
and,
3) That Staff report back in Fall 2012 on the various
initiatives outlined in this report; and,
4) That Staff engage a pricing consultant
to undertake pricing elasticity testing to determine optimal pricing, utilizing
funds within existing operating budget to engage a consultant; and,
5) That Fitness Centre Memberships be excluded from the annual
Consumer Price Index Fee increases scheduled for September, 2012; and further,
6) That Staff be authorized and directed to do all things
necessary to give effect to this resolution.
CARRIED
(9) CONTRACT
EXTENSIONS FOR HIRED GRADERS
AND LOADERS FOR WINTER
MAINTENANCE (5.0)
Report
1) That the staff report entitled ‘Contract Extensions
for Hired Graders and Loaders for Winter Maintenance’ be received; and,
2) That the Director of Operations and
Manager of Purchasing be authorized to enter into formal negotiations with
existing contractors to secure contract extensions for both hired loaders and
graders for local road winter maintenance; and,
3) That
the tender process be waived in accordance with Purchasing Bylaw 2004-341, Part
11, Section 7(1) c which states “when the extension of an existing contract would
prove more cost-effective or beneficial; and,
4) That the Chief Administrative Officer
be authorized to award contract extensions for tenders 012-T-03 and 128-T-03 for three (3) winter
seasons (2012-2015) with an option for the Town to renew on a year by year basis
for two (2) additional winter seasons (2015-2017); and,
5) That the budget impacts resulting from
the award of these contract extensions be dealt with through the 2013 Operating
Budget process; and further,
6) That Staff be authorized and directed
to do all things necessary to give effect to this resolution.
CARRIED
(10) MASTER
FIRE PLAN IMPLEMENTATION (7.15)
Report Attachment
A Attachment
B
1) That this report titled “Master Fire Plan - Implementation Plan (MFPIP)” be received; and,
2) That Council approve the Master Fire
Plan including (Appendix ‘A’) subject to annual business planning, operating
and capital budget processes; and further,
3) That staff be authorized and directed
to do all things necessary to give effect to this resolution.
CARRIED
(11) STIMULUS
& RINC INFRASTRUCTURE
PROJECTS: PROJECT COMPLETION
AND
OPERATIONAL RESULTS (5.0)
Report Attachment
1) That the report entitled “Stimulus
& RInC Infrastructure Projects: Project Completion and Operational Results”
be approved; and,
2) That Markham’s portion of the surplus
funds in the amount of approximately $533,139 be allocated as follows:
a.
$80,000 for the Thornhill Community Centre
& Library Project to address minor deficiencies
b.
$150,000 for the solar panels at 8100 Warden
c.
$303,139 for Civic Centre ice rink site
improvements
3) That staff be authorized and directed
to do all things necessary to give effect to this resolution.
CARRIED
_____________________________________
Mayor Frank
Scarpitti vacated the Chair and Deputy Mayor Jack Heath assumed the Chair,
prior to the consideration of the matter titled "Approval of the New City
of Markham Flag".
_____________________________________
(12) APPROVAL
OF THE NEW CITY OF MARKHAM FLAG (12.0)
Moved by Mayor
Frank Scarpitti
Seconded by Councillor
Carolina Moretti
1) That
Council approve a change in the current Markham flag design to reflect
Markham's new City Status and to include the years 1850, 1871, 1971 and 2012.
CARRIED BY A UNANIMOUS RECORDED VOTE (13:0)
(See following recorded vote) (13:0)
(See following motion to re-consider the matter)
(See following for minor revisions)
(See following motion which was lost)
Carried by a unanimous recorded
vote (13:0)
YEAS: Mayor
Frank Scarpitti, Deputy Mayor Jack Heath, Regional Councillor Jim Jones,
Regional Councillor Gord Landon, Regional Councillor Joe Li, Councillor Valerie
Burke, Councillor Howard Shore, Councillor Don Hamilton, Councillor Carolina
Moretti, Councillor Colin Campbell, Councillor Alan Ho, Councillor Logan
Kanapathi, Councillor Alex Chiu.
Motion to re-consider the matter:
Moved by Mayor Frank Scarpitti
Seconded by Regional Councillor Gord Landon
That Council re-consider the matter titled "Approval of the New
City of Markham Flag" although the matter has already been considered by
Council earlier in the meeting.
CARRIED
(2/3 Vote was
requested & obtained)
Minor revisions:
Council consented to add the years "1850, 1871, 1971 and 2012" in the new
Markham flag.
Motion which was lost:
Moved by Councillor Alan Ho
Seconded by Councillor Colin Campbell
That the year "1794" be included in
the new Markham flag.
LOST
_____________________________________
Deputy Mayor
Jack Heath vacated the Chair and Mayor Frank Scarpitti assumed the chair, immediately
following the consideration of the matter titled "Approval of the New City
of Markham Flag".
_____________________________________
6(e) REPORT NO. 42 - DEVELOPMENT SERVICES
COMMITTEE (June 26, 2012)
Council
consented to separate Item No. 1.
Moved by Regional
Councillor Jim Jones
Seconded by Councillor
Don Hamilton
That Report
No. 42 – Development Services Committee comprised of 7 items be received and
adopted, except Item No. 1. (See following Item No. 1)
(1) BILLBOARD
VARIANCE
CBS OUTDOOR CANADA
STEELES AVE. E. N/S E/O
TAPSCOTT RD., MARKHAM
MILE 177.6, HAVELOCK
SUBDIVISION
APPLICATION # 11-133847 (2.16.2)
Memo Report
Moved by Councillor
Carolina Moretti
Seconded by
Councillor Alex Chiu
1) That the billboard sign variance,
application # 11-133847, submitted by CBS Outdoor Canada, be denied; and,
2) That the CBS Outdoor Canada be advised
that Markham Council supports billboard sign located on the west side of CP
rail tracks at Steeles Avenue, for a 5 year term and in accordance with Markham
Standards.
CARRIED
(See following
motion which was lost)
Moved
by Regional Councillor Gord Landon
Seconded
by Councillor Colin Campbell
That
the billboard sign variance, application # 11-133847, submitted by CBS Outdoor
Canada, be referred to a Development Services Committee meeting in September
2012.
LOST
(2) PROPOSED
REGIONAL MAINTENANCE FACILITY
(CORROSION CONTROL FACILITY)
7949 9TH LINE, BOX GROVE
(SC 11-119413) (10.0)
Report
1) That
the Staff report dated June 26, 2012, entitled “Proposed Regional
Maintenance Facility (Corrosion Control Facility)”, be received; and,
2) That
the presentation by York Region Environmental Services Department Staff be
received; and,
3) That
Site Plan approval for the Regional Maintenance Facility (Corrosion Control
Facility) at 7949 9th Line, be delegated to the Director of Planning
and Urban Design or his designate; and,
4) That,
as outlined in the report in consultation with the Ward Councillor a Public
Information Meeting for the proposed Corrosion Control Facility on the subject
property not be required, and that the
Resolution of the Development Services Committee (No. 5, Item 10.6) from its meeting on June
13, 2011, be rescinded; and,
5) That
the Region and staff be requested to examine a potential integrated entrance
and exit with the adjacent property to the north, from the Box Grove Bypass;
and,
6) That
Staff be authorized and directed to do all things necessary to give effect to
this resolution; and further,
7) That
Staff and the Ward Councillor work together with the proponent on the design of
the public spaces for the subject lands.
CARRIED
(3) AURELIO
FILICE
PROPOSED DRAFT PLAN OF
SUBDIVISION
AND IMPLEMENTING SECONDARY
PLAN
AND ZONING BY-LAW AMENDMENTS
TO PERMIT
SINGLE-DETACHED AND TOWNHOUSE
DWELLINGS
SOUTH OF CASTAN AVENUE, EAST
OF HARRY COOK DRIVE
WITHIN SOUTH UNIONVILLE
(SU 10 128366, OP 10 128364
& ZA 10 128365) (10.7, 10.4, 10.5)
Report
1) That
the deputations by Tom Han, President of South
Unionville Residents Forum (SURF) and Flora Wen, regarding the proposal by
Castan Avenue (Aurelio Filice) be received; and,
2) The
report entitled “RECOMMENDATION REPORT, Castan Avenue (Aurelio Filice),
Proposed Draft Plan of Subdivision and implementing Secondary Plan and Zoning
By-law amendments to permit single-detached and townhouse dwellings, south of Castan
Avenue, east of Harry Cook Drive, within South Unionville, File Nos: SU 10 128366, OP 10 128364 & ZA 10
128365,” be received; and,
3) That
the record of Public Meeting held on March 8, 2011, regarding the proposed
Draft Plan of Subdivision and implementing Secondary Plan and Zoning By-law
amendments be received; and,
4) That
the Director of Planning and Urban Design, or his designate, be delegated
authority to issue draft approval, subject to the conditions set out in
Appendix ‘A’, as may be amended by the Director of Planning and Urban Design or
his designate; and,
5) That
the application submitted by Castan Avenue (Aurelio Filice) to amend the South
Unionville Secondary Plan, as amended, be approved and the draft Secondary Plan
Amendment attached as Appendix ‘B’ be finalized and adopted without further
notice; and,
6) That
the application submitted by Castan Avenue (Aurelio Filice) to amend Zoning
By-laws 304-87 and 177-96, as amended, be approved and the draft by-laws
attached as Appendices ‘C’ & ‘D’ be finalized and enacted without further
notice; and,
7) That
the Owner provide the Town with the required payment of 30% processing fees in
accordance with the Town’s applicable Fee By-law; and,
8) That
Council authorize servicing allocation for 5.5 single-detached units (20.35
population) and 17 townhouse units (47.94 population) from the 2011 allocation
assigned to South Unionville, and that the Owner provide a clearance letter
from the Trustee of the South Unionville Landowners Group, confirming that
there is adequate servicing allocation for 5.5 single-detached units (20.35
population) and 17 townhouse units (47.94 population) and that the Owner has
met his obligations to the landowner’s group; and,
9) That
the Town reserves the right to revoke or reallocate the servicing allocation
should the development not proceed in a timely manner; and,
10) That
the Region of York be advised of this servicing allocation for this
development; and,
11) That
the draft plan approval for plan of subdivision 19TM-10005 will lapse after a
period of three (3) years from the date of issuance in the event that a
subdivision agreement is not executed within that period; and further,
12) That
Staff be authorized and directed to do all things necessary to give effect to
this resolution.
(By-laws 2012-160, 2012-161 and 2012-162)
CARRIED
(4) SERVICING
ALLOCATION UPDATE (5.3, 5.5)
Report Attach
A Attach
B Attach
C
1) That
the report dated June 26, 2012, titled “Servicing Allocation Update”, be
received: and,
2) That
Council redistribute “current” allocation as noted in Table 2 and in detail in
Attachment “A”; and,
3) That
Council distribute 2015 conditional servicing allocation as noted in Table 3
and shown in detail in Attachment “C” to this report; and,
4) That
Council delegate to the Commissioner of Development Services the authority to
assign “current” and 2015 conditional allocation to developments that are ready
to proceed to building permits based on anticipated construction timelines,
established protocols and complexity of construction; and further,
4) That
Staff be authorized and directed to do all things necessary to give effect to
this resolution.
CARRIED
(5) RECOMMENDATION
REPORT
TRIBUTE (UNIONVILLE) LIMITED
ZONING BY-LAW AMENDMENT
APPLICATION
TO PERMIT A MIXED-USE,
COMMERCIAL-RESIDENTIAL
BUILDING AT 20 FRED VARLEY
DRIVE
(ZA 11 113101) (10.5)
Report Appendix
A
1) That the report dated June 26, 2012 titled “RECOMMENDATION
REPORT, Tribute (Unionville) Limited, Zoning By-law Amendment application to
permit a mixed–use, commercial-residential building at 20 Fred Varley Drive
(File No. ZA 11 113101)”, be received; and,
2) That the record of the public meeting held on October 25,
2011 regarding the proposed Zoning By-law Amendment be received; and,
3) That the application as submitted by Tribute (Unionville)
Limited be denied; and,
4) That Council endorse the Structuring Concept and resultant
Alternative Development Option recommended by Staff in this report, to form the
basis of the Town’s position at the Ontario Municipal Board Hearing; and,
5) That Council direct the Town Solicitor and Staff to attend
the second pre-hearing conference scheduled for July 10, 2012; and further,
6) That Council direct and authorize the Town Solicitor and
Staff to attend the Ontario Municipal Board hearing, scheduled to commence on
October 22, 2012, in opposition to the applicant’s current proposal and present
the Alternative Development Concept.
CARRIED
(6) COST
RECOVERY REQUEST RELATED
TO HAMMERSLY BOULEVARD
CONSTRUCTION
ADJACENT TO PROPOSED PUBLIC
PARK IN
WISMER COMMUNITY (6.3)
Memo
1) That
the Finance Department be authorized to compensate 2163280 Ontario Inc. from
the Town’s Cash-in-lieu of parkland reserve fund the sum of $244,199.00 for the land and construction
costs of the portion of Hammersly Boulevard adjacent to the proposed new park
on the east side of Hammersly Boulevard, south of Bur Oak Avenue, in the Wismer
Community.
CARRIED
(7) BIRCHMOUNT
ROAD ROUGE RIVER
CROSSING AND ROAD EXTENSION
(5.10)
Report
1) That the staff report
entitled, “Birchmount Road Rouge River Crossing and Road Extension” be received; and,
2) That subject to receipt
of approvals as listed in this report, funding commitments or alternative
arrangements, the CAO be authorized to approve the award of the construction
contract for this project during the Council summer recess; and,
3) That
a Purchase Order be issued to Schollen & Company Inc., as a preferred
supplier, in accordance with Purchasing By-Law 2004-341, Part II, Section 7 (1)
(h), to carry out a Consolidated Conservation Strategy Report to evaluate the
comprehensive environmental impact and restoration plan in the Rouge River
valley corridor as requested by the Toronto Region Conservation Authority as a
condition of permit approval, in the amount of $105,544.45 (from capital
account 083-5350-11078-005 - Birchmount Crossing at Rouge River - Design),
inclusive of contingency and HST impact; and,
4) That
Mayor and Clerk be authorized to execute cost sharing or any other
agreements/documents required to give effect to this report, to the
satisfaction of the Treasurer and Commissioner of Development Services; and further,
5) That staff be
authorized and directed to do all things necessary to give effect to this
resolution.
7. MOTIONS
(1) SABISTON
LANDFILL (5.1)
Moved by Councillor
Howard Shore
Seconded by Deputy
Mayor Jack Heath
Whereas
the former Sabiston landfill is located on the western portion of German Mills
Settlers Park; and,
Whereas this area has become a very important ecosystem – a rare and important
habitat that supports an abundance of flora and fauna, is part of the East Don
watershed and has potential path linkages into East Don Parklands and Duncan
Mills Creek; and,
Whereas
a Public Open House was held on August 22, 2006; in November 2006 a ‘Q & A’
document was sent via mail to area residents including information on the
history and operations of the landfill, studies completed to date, additional
information on aerobic landfill technology and its potential impacts; and
in December 2006 a site visit with residents to the Donlands Landfill site
(aerobic) was completed and a further presentation to General Committee was
made on March 23, 2009; and, on March 19, 2012 a further Public Open
House with area residents was held; and,
Whereas
at the Public Open House conducted by Town Staff and the Ward Councillor
on October 4, 2006 it was noted that: “all
solid wastes safely contained within landfill” and further that: “off site migration of methane around the perimeter of
the site (adjacent to the homes) are contained and below MOE levels”;
and,
Whereas the Ministry of Environment (MOE) regulations for control of landfill
gas requires that methane gas concentrations “below the surface of the land at
the boundary of the site be less than 2.5 percent by volume”. Continuous
operation and maintenance of the perimeter gas collection system is required in
order to meet the Certificate of Approval (C of A) requirements and to protect
the neighbouring residences; and,
Whereas
the monitoring of water samples could identify trends and potentially provide
for rapid response to any contamination which would in turn enhance the health
of the Creek and the creatures that live, feed, or spawn there; and,
Whereas
the residents of German Mills generally, and particularly the neighbourhoods
surrounding Settlers Park have consistently and emphatically expressed their
desire to maintain the existing methane collection system and rejected the
proposal for an Aerobic Bioreactor Landfill Technology;
Now therefore be it resolved:
1) That the existing methane gas
collection system remain in place until confirmation is received that methane
gas has been eliminated as per Ministry
of Environment regulations; and,
2) That there is no interest by the Town
of Markham to host an Aerobic Bioreactor Landfill Technology pilot project and
declare the matter is no longer under consideration; and,
3) That
the following paragraph be referred to staff for consultation with the Ministry
of Environment and for a subsequent report back to the General Committee in
Fall, 2012:
"That the subject lands be formally
brought into the Markham park system and designated as the ‘German Mills Meadow
and Natural Habitat’ as recognition of the unique and special character of this
site"; and,
4) That
the following paragraph be referred to staff for a report to the General
Committee in Fall, 2012 on an implementation plan and the impact of same on
wildlife and vegetation:
"That a redundancy system be established as a safety measure
against any failure to the existing maintenance system, including the
installation of a generator at the pump house"; and,
5) That the frequency of monitor readings
be increased from every two months to once per month as an additional safety
measure and staff continue to monitor
readings as per Ministry of Environment regulations and a report to
General Committee be provided annually; and further,
6) That
the following paragraph be referred to staff for a report to the General
Committee in Fall, 2012 on an implementation plan and the impact of same on
wildlife and vegetation:
"That a Leachate Collection System be installed to intercept discharge
to German Mills Creek and protect the Creek from contamination and where
possible, this System should be installed and operated in a manner that
minimizes disruption to existing wildlife and vegetation".
(See
Presentation Item No. 2, Delegation Item No. 1
and
Communication No. 52-2012)
MOTION
CARRIED, AS AMENDED, BY A RECORDED VOTE (12:1)
(See
following recorded vote) (12:1)
(See
following for amendments to Resolution Nos. 3, 4 and 6)
(See
following motion to consider the matter)
(See
following for minor revisions)
(See
following for the notice of motion given)
Motion carried, as amended, by
a recorded vote (12:1)
YEAS: Deputy
Mayor Jack Heath, Regional Councillor Jim Jones, Regional Councillor Gord
Landon, Regional Councillor Joe Li, Councillor Valerie Burke, Councillor Howard
Shore, Councillor Don Hamilton, Councillor Carolina Moretti, Councillor Colin
Campbell, Councillor Alan Ho, Councillor Logan Kanapathi, Councillor Alex Chiu.
(12)
NAYS: Mayor
Frank Scarpitti. (1)
Amendments to Resolution No. 3
Resolution No. 3
Moved by Mayor Frank Scarpitti
Seconded by Regional Councillor Gord Landon
"3) That
the following paragraph be referred to staff for consultation with the Ministry
of Environment and for a subsequent report back to the General Committee in
Fall, 2012:
"That the subject lands be
formally brought into the Markham park system and designated as the ‘German
Mills Meadow and Natural Habitat’ as recognition of the unique and special
character of this site."
CARRIED BY A RECORDED VOTE (7:6)
(See following recorded vote)
YEAS: Mayor
Frank Scarpitti, Deputy Mayor Jack Heath, Regional Councillor Jim Jones,
Regional Councillor Gord Landon, Regional Councillor Joe Li, Councillor
Carolina Moretti, Councillor Alex Chiu. (7)
NAYS: Councillor
Valerie Burke, Councillor Howard Shore, Councillor Don Hamilton, Councillor
Colin Campbell, Councillor Alan Ho, Councillor Logan Kanapathi. (6)
Amendments to Resolution Nos. 4
and 6
Moved by Mayor Frank Scarpitti
Seconded by Regional Councillor Gord Landon
"4) That
the following paragraph be referred to staff for a report to the General
Committee in Fall, 2012 on an implementation plan and the impact of same on
wildlife and vegetation:
"That a redundancy system be established
as a safety measure against any failure to the existing maintenance system,
including the installation of a generator at the pump house."
"6) That
the following paragraph be referred to staff for a report to the General
Committee in Fall, 2012 on an implementation plan and the impact of same on
wildlife and vegetation:
"That a Leachate Collection System be installed to intercept
discharge to German Mills Creek and protect the Creek from contamination and
where possible, this System should be installed and operated in a manner that
minimizes disruption to existing wildlife and vegetation."
CARRIED BY A UNANIMOUS RECORDED VOTE (13:0)
(See following recorded vote)
YEAS: Mayor
Frank Scarpitti, Deputy Mayor Jack Heath, Regional Councillor Jim Jones,
Regional Councillor Gord Landon, Regional Councillor Joe Li, Councillor Valerie
Burke, Councillor Howard Shore, Councillor Don Hamilton, Councillor Carolina
Moretti, Councillor Colin Campbell, Councillor Alan Ho, Councillor Logan
Kanapathi, Councillor Alex Chiu.
Motion to consider the matter
Moved
by Councillor Howard Shore
Seconded
by Councillor Don Hamilton
That
Council consider Motion Item No. 1 titled "Sabiston Landfill"
immediately following the delegations with respect thereto.
CARRIED
(2/3 Vote was
requested & obtained)
Minor revisions
Council consented to add the following to the
proposed motion titled "Sabiston Landfill":
Resolution No. 1:
Add the words "...as per Ministry of
Environment regulations;"
Resolution No. 5:
Add the words "...and staff continue to monitor readings as per
Ministry of Environment regulations...".
Notice of motion
The Notice of this motion was given to
Council at its meeting held on June 12, 2012.
8. NOTICES OF MOTIONS
There were no
notices of motions.
9. COMMUNICATIONS
Council
consented to separate Communications No. 52-2012.
Moved by Councillor
Carolina Moretti
Seconded by
Councillor Alex Chiu
That Council
receive and consent to the disposition of communications in the following
manner, except Communication No. 52-2012 (See following Communication No.
52-2012):
Referred to all Members of
Council
51-2012 ROAD CLOSURE
REQUEST – UNIONVILLE HERITAGE FESTIVAL (3.5)
Info
The following roads will be closed on September 3, 2012 between 10:00
a.m. and 8:00 p.m. to facilitate the event:
- Main Street north from
Concession Rd to south of Carlton Rd.
-
Main Street Unionville east onto Carlton Rd.
-
Main Street Unionville west onto Fred Varley & Carlton Rd.
CARRIED
52-2012 COMMUNICATIONS
PROVIDING COMMENTS WITH RESPECT TO THE MOTION TITLED "SABISTON
LANDFILL" (5.1)
Communications Addendum
Communications
Moved
by Councillor Howard Shore
Seconded
by Councillor Carolina Moretti
1) That
communications outlined below be received:
1. Kathy
Dahlback
2. Douglas
Mahy
3. Sevil
Shirinova and Artyom Sych
4. Brian
and Donna Chadderton
5. Kimberly
Seymour, Treasurer, Settler's Park Residents Association
6. Gillian
Minsky
7. David
Slotnick
8. Bernard
Sze
9. Eileen
and Steve Liasi
10. Irene
Pozdniakova
11. Angel
Sze
12. Rigby
Andrews
13. Hernan
Polak
14. Florence
Man
15. Ross
Lavery
16. Frank
Sze
17. Susheila
Li
18. Resident,
11 Pine Knoll Gate
19. Artem
Pozdnyakov, President, Settlers Parks Residents Association
20. Joseph
& Judy So
21. Mike
Oberpichler
22. Nevzat Gurmen
23. Brian Dahlback
24. Robert and Teddene Long
25. Brian and Denise Dunn
26. Tim He
27. Al Dharsee
28. Lloyd Mather
29. Janet Gargano
30. Jasmine Gurmen
31. Yuk Ping Leung
32. Galen Leung
33. Eileen Liasi, Vice President, German Mills Residents Association
34. Antoinette
Bozac and Family
35. Dianne Kehoe
36. Araxie Altounian
37. Yuanming
Dong
38. Nova
Moffat
39. This number is not needed
40. Eileen (Smith) Carter
41. Erin
Shapero
42. Andrew
Cooks
43. Debra C. Saxe
44. Ted
& Florence Buchowski
45. Anthony
Lee
46. Liv
Corriero, Kids And Neighbours
47. Peter
K. Macleod
48. Hasan
And Zenab Naqvi
49. Elena Domnita Postea And Eugen Postea
50. Edith
Kangas
51. Sean Zhuang
52. Sylvia Gordner
53. Peter Young & Juanita Charleton
54. Mark
Shnier
55. Linda Scavuzzo
56. Kathy,
Ted, Mimi & Toby
57. Livia
Burghardt
58. Christa
Burghardt
59. K.M. Kalyanam
60. Padmini Kalyanam
61. Athir Jamil
62. Linda Tait
63. Marianne Vinton
64 Theresa Moore
(See Presentation Item No. 2, Delegation Item
No. 1 and Motion Item No. 1)
CARRIED
Moved
by Councillor Howard Shore
Seconded
by Councillor Don Hamilton
That
Communication No. 52-2012 be brought forward for consideration immediately
following the delegations with respect thereto.
(See
Motion Item No. 1 for Council's decision on this matter)
CARRIED
Received
53-2012 93 HELEN AVENUE -
MEMORANDUM FROM THE COMMISSIONER OF DEVELOPMENT SERVICES (10.0)
Memo
- Memorandum dated June 26, 2012 providing an update and recommending
the approval for the proposed Hold Removal By-law.
(By-law 2012-145)
CARRIED
54-2012 BEN QUAN, QX4
INVESTMENTS LIMITED, ON BEHALF OF MONTE CARLO HOTEL, 7255 WARDEN AVENUE (10.0)
Letter
Forwarding a letter dated June 21, 2012 to confirm the landscaping
improvement of the daylighting triangle at the southeast corner of Warden
Avenue and Denison Street will be taking place in the Fall 2012.
CARRIED
Referred to all Members of
Council
55-2012 LIQUOR LICENCE
APPLICATION FOR JJ'S EATERY & PUB, 3000 HIGHWAY 7 EAST (WARD 6) (3.21)
Info
- Forwarding a request
for the Town of Markham to complete the Municipal Information Form (Change of
ownership application for previously licenced indoor and outdoor areas).
CARRIED
10. PROCLAMATIONS
Council
consented to add proclamations Item No. 1
(1) CHILDHOOD
CANCER AWARENESS MONTH PROCLAMATION
- SEPTEMBER 2012 (3.4)
Letter
Moved by Councillor
Howard Shore
Seconded by Regional
Councillor Gord Landon
Whereas families, caregivers, charities and
research groups across the North America will be observing September as
Childhood Cancer Awareness Month; and,
Whereas there
are approximately 10,000 children living with cancer in Canada today;
In Canada,
childhood cancer remains responsible for more deaths from one year through
adolescence than any other disease; more deaths than asthma, diabetes, cystic
fibrosis and AIDS combined; and,
Whereas
sadly, about one in four children who are diagnosed with cancer will die of the
disease; and,
Whereas childhood
cancers differ from adult cancers. Adults are most affected by breast, lung,
prostate, bowel and bladder cancers. Children are most affected by acute
leukemia, tumours of the brain and nervous system, the lymphatic system,
kidneys, bones and muscles; and,
Whereas the objective of Childhood Cancer
Awareness Month is to put a spotlight on the types of cancer that largely
affect children, survivorship issues, and - importantly - to help raise funds
for research groups working towards cures;
Now therefore be it resolved:
1) That the month of September be
proclaimed as "Childhood Cancer Awareness Month" in the Town (soon to
be City) of Markham; and,
2) That this proclamation be
added to the Five-Year Proclamations List approved by Council; and,
3) That the
correspondence of Meg Stokes, Cancer Recovery Foundation of Canada, dated June
22, 2012, be received; and further,
4) That Staff be authorized and directed
to do all things necessary to give effect to this resolution.
CARRIED
11. NEW/OTHER BUSINESSES
Council
consented to add New/Other Businesses Items No. 1 to 5.
(1) SERVICING
ALLOCATION
DOVCOM REALTY INC. AND WISMER
MARKHAM DEVELOPMENTS INC.
NORTH EAST CORNER OF
CASTLEMORE AVE AND ROY RAINEY AVE
WISMER COMMUNITY
FILE NUMBER: ZA.12-123881 (10.5)
Memo
Moved by Councillor
Logan Kanapathi
Seconded by
Councillor Alex Chiu
1) That the memorandum dated June 26, 2012
from the Commissioner of Development Services regarding the servicing
allocation for Dovcom Realty Inc. and Wismer Markham Developments Inc. be
received; and,
2) That conditional servicing allocation
for 18 single detached units (66.6 population), 11 townhouse units (31
population) be granted to Draft Plan of Subdivision 19TM-02009 (Dovcom Realty
Inc. and Wismer Markham Developments Inc.) from the total allocation for the
Wismer Community, assigned in accordance with the June 26, 2012 staff report to
the Development Services Committee titled “Servicing Allocation” (5.3, 5.5).
(By-law 2012-156)
CARRIED
(2) POSTPONEMENT
OF MARKHAM’S DEBT FROM
POWERSTREAM RE EDFIN (13.7)
Memo
Moved by Deputy
Mayor Jack Heath
Seconded by
Councillor Alex Chiu
1) That
the report entitled “Postponement of Markham’s Debt from PowerStream re EDFIN”
dated June 25, 2012 be received; and,
2) That
the Mayor and Clerk be authorized and directed to execute postponements of
Markham’s Promissory Note or other debt from PowerStream, including any other
documents required to give effect to this report, to facilitate the refinancing
of PowerStream’s EDFIN debenture, to the satisfaction of the Chief
Administrative Officer; and further,
3) That
staff be directed to do all things necessary to give effect to the
recommendations of this report.
CARRIED
(2/3 Vote was
requested & obtained)
(3) NOMINATION
FOR THE ONTARIO HERITAGE TRUST
2012 RECOGNITION PROGRAMS (13.0)
Letter
Moved by Regional
Councillor Gord Landon
Seconded by Councillor
Logan Kanapathi
1) That the letter dated
June 1, 2012 from Thomas H.B. Symons, Chairman, Ontario Heritage Trust,
advising of the annual nomination deadline for the 2012 Recognition Programs be
received; and,
2) That Sid Kiyoshi Ikeda
be nominated for the Ontario Heritage Trust 2012 Recognition Programs (Cultural
Heritage Category).
CARRIED
(2/3 Vote was
requested & obtained)
(4) REVIEW
OF SIGN BY-LAW 2002-94 (2.16)
Moved by Councillor
Howard Shore
Seconded by Councillor
Valerie Burke
1) That staff review the
Sign By-law 2002-94 and report back to a Development Services Committee meeting
in Fall, 2012.
CARRIED
(2/3 Vote was
requested & obtained)
(5) MODERNIZING
LOTTERY AND GAMING IN ONTARIO (13.0)
Report
Moved by
Councillor Alex Chiu
Seconded by
Regional Councillor Jim Jones
1) That
the report titled “Modernizing Lottery and Gaming in Ontario” be received; and,
2) That
Council advise the Ontario Lottery and Gaming Corporation (OLG) that, subject
to the provision of additional information, it may be interested in hosting a
gaming facility; and,
3) That staff be authorized to seek further information on this
opportunity and report back to General Committee in the Fall, 2012, on the
following:
a) The potential location for a Gaming
Facility within Markham;
b) The
approximate number and types of jobs that could be created by hosting a Gaming
Facility within Markham;
c) The
approximate amount of revenue Markham could receive as a result of having a
Gaming Facility through Provincial Hosting fees, property taxes, rent of lease
or income from municipally-owned land if used for a Gaming Facility;
d) The
incremental costs associated with a Gaming Facility in Markham, including
police, fire and emergency medical services costs, etc.;
e) The
impact of a Gaming Facility as a regional/international attraction
f) The
experiences other municipalities have had when introducing a Gaming facility in
terms of pre-existing businesses, neighbourhoods, socials services and crime
rates;
g) Land
use, physical planning, infrastructure (including transportation) and other
matters associated with the development of a Gaming Facility with Markham;
h) Public
consultation; and further,
4) That
Staff be authorized and directed to do all things necessary to give effect to
this resolution.
MOTION LOST BY A RECORDED VOTE (6:7)
(See following recorded vote)
YEAS: Mayor
Frank Scarpitti, Regional Councillor Jim Jones, Regional Councillor Joe Li,
Councillor Carolina Moretti, Councillor Logan Kanapathi, Councillor Alex Chiu.
(6)
NAYS: Deputy
Mayor Jack Heath, Regional Councillor Gord Landon, Councillor Valerie Burke,
Councillor Howard Shore, Councillor Don Hamilton, Councillor Colin Campbell,
Councillor Alan Ho. (7)
Council consented to add the following to the
staff's proposed recommendation prior to the consideration of the matter, as
Sub-Section h):
"h) Public consultation;"
12. BY-LAWS
Moved by Councillor
Colin Campbell
Seconded by Regional
Councillor Jim Jones
That By-laws
2012-141 to 2012-152, 2012-154 to 2012-159 and 2012-163 be given three readings
and enacted.
CARRIED
Moved by Councillor
Colin Campbell
Seconded by Regional
Councillor Jim Jones
That By-laws
2012-160, 2012-161 and 2012-162 be given three readings and enacted.
CARRIED
Three Readings
BY-LAW 2012-141 BRIDLEPATH (BULLOCK) DEVELOPMENTS INC., 162 BULLOCK DRIVE (HOLD
REMOVAL BY-LAW)
- A by-law to amend By-law 1229, as amended,
to permit the development of a new industrial, commercial and retail building.
By-law
CARRIED
BY-LAW 2012-142 FOREST BAY HOMES, SOUTH-EAST CORNER OF DENISON STREET AND MARKHAM
ROAD, BLOCK 194, PLAN 65M-3928, ZONING BY-LAW AMENDMENT (IMPLEMENTING ZONING BY-LAW)
- A by-law to amend Zoning By-law 90-81, as
amended, to permit residential development.
By-law
CARRIED
BY-LAW 2012-143 FOREST BAY HOMES, SOUTH-EAST CORNER OF DENISON STREET AND MARKHAM
ROAD, Block 194, Plan 65M-3928 (HOLD REMOVAL BY-LAW)
- A by-law to amend Zoning By-law 90-81, as
amended, to permit residential development.
By-law
CARRIED
BY-LAW 2012-144 1691126 ONTARIO INC. (LIBERTY DEVELOPMENT CORPORATION), 7171
YONGE STREET (HOLD REMOVAL BY-LAW)
- A by-law to amend By-law 2237, as amended,
to permit the construction of residential units.
By-law
CARRIED
BY-LAW 2012-145 93 HELEN AVENUE, PART 3, PLAN 65R-32684, (HOLD REMOVAL BY-LAW)
- A by-law to amend By-law 177-96, as amended, to permit the construction of a
detached dwelling fronting onto Helen Avenue.
(Communication No. 53-2012)
By-law
CARRIED
BY-LAW 2012-146 ROAD DEDICATION BY-LAW – WILLIAMSON ROAD
- A by-law to dedicate certain lands as part
of the highways of the Town of Markham (Block 68, Plan 65M-4216)
By-law
CARRIED
BY-LAW 2012-147 A BY-LAW TO CHANGE THE STREET NAME OF ROMAN HIGH STREET TO
CATHEDRAL HIGH STREET
(Item No. 1, Report No. 39)
By-law
CARRIED
BY-LAW 2012-148 ELIAS AND EKATERINI BOBOTSIS, 9941 WOODBINE AVENUE, (OFFICIAL
PLAN AMENDMENT NO. 201)
- To permit an expansion of the existing
Royal Cachet Montessori School.
(Item No. 5, Report No. 39)
By-law
CARRIED
BY-LAW 2012-149 ELIAS AND EKATERINI BOBOTSIS, 9941 WOODBINE AVENUE (IMPLEMENTING
ZONING BY-LAW)
- A by-law to amend By-law 304-87, as
amended, to permit an expansion of the existing Royal Cachet Montessori School.
(Item No. 5, Report No. 39)
By-law
CARRIED
BY-LAW 2012-150 MARKHAM CENTRE DEVELOPMENT CORPORATION, NORTH SIDE OF ENTERPRISE
BOULEVARD, WEST OF KENNEDY ROAD (OFFICIAL PLAN AMENDMENT NO. 202)
- To permit a high density residential
development.
By-law
CARRIED
BY-LAW 2012-151 MARKHAM CENTRE DEVELOPMENT CORPORATION, NORTH SIDE OF ENTERPRISE
BOULEVARD, WEST OF KENNEDY ROAD, (DELETING BY-LAW)
- A by-law to amend By-law 122-72, as
amended, to delete the subject lands from By-law
122-72, as amended, so that they may be incorporated
into By-law 2004-196, as amended, to permit a high density residential
development.
By-law
CARRIED
BY-LAW 2012-152 MARKHAM CENTRE DEVELOPMENT CORPORATION, NORTH SIDE OF ENTERPRISE
BOULEVARD, WEST OF KENNEDY ROAD, (IMPLEMENTING BY-LAW)
- A by-law to amend By-law 2004-196, as
amended, to permit a high density residential development.
By-law
CARRIED
BY-LAW 2012-154 DOVCOM REALTY INC., PART OF LOT 19, CONCESSION 7, DRAFT PLAN OF
SUBDIVISION 19TM-02009, PHASE 3B AND 4, WISMER COMMONS COMMUNITY, ZONING BY-LAW
AMENDMENT (DELETING BY-LAW)
- A by-law to amend By-law 304-87, as
amended, to delete subject lands from By-law 303-87, as amended, so that they
may be added to By-law 177-96, as amended, to ensure that certain part lots are
given the same zone category.
(Item No. 1, Report No. 40)
By-law
CARRIED
BY-LAW 2012-155 DOVCOM REALTY INC., PART OF LOT 19, CONCESSION 7, DRAFT PLAN OF
SUBDIVISION 19TM-02009, PHASE 3B AND 4, WISMER COMMONS COMMUNITY, ZONING BY-LAW
AMENDMENT (IMPLEMENTING BY-LAW)
- A by-law to amend By-law 177-96, as
amended, to ensure that certain part lots are given the same zone category.
(Item No. 1, Report No. 40)
By-law
CARRIED
BY-LAW 2012-156 DOVCOM REALTY INC., PART OF LOT 19, CONCESSION 7, DRAFT PLAN OF
SUBDIVISION 19TM-02009, PHASE 4, WISMER COMMONS COMMUNITY (HOLD REMOVAL BY-LAW)
- A by-law to amend By-law 177-96, as
amended, to permit residential development.
(New/Other Business Item No. 13
By-law
CARRIED
BY-LAW 2012-157 A BY-LAW TO AMEND PARKING BY-LAW 2005-188 (ADMINISTRATIVE
AMENDMENTS FOR STATION LANE AND MAIN STREET UNIONVILLE)
By-law
CARRIED
BY-LAW 2012-158 A BY-LAW TO LICENSE AND REGULATE STATIONARY BUSINESSES
(STATIONARY BUSINESS LICENSING BY-LAW)
(Repeals By-laws 2007-146, 2008-17, 2008-18,
2004-309 and 27 other licensing by-laws)
(Item No. 3, Report No. 41)
By-law
CARRIED
BY-LAW 2012-159 ELDIN HOMES LIMITED, PART LOT CONTROL EXEMPTION BY-LAW
- A by-law to designate part of a certain
plan of subdivision not subject to Part Lot Control, south of 14th Avenue
and north of Moore' Court and west of Vettese Court, Block 12, Plan 65M-4290.
By-law
CARRIED
BY-LAW 2012-160 CASTAN AVENUE (AURELIO FILICE), PARTS OF LOT 6,
REGISTERED PLAN 2196, SOUTH
UNIONVILLE PLANNING DISTRICT, 19TM-1000 (OFFICIAL PLAN AMENDMENT NO. 203)
- To facilitate residential development.
(Item No. 3, Report No. 42)
By-law
CARRIED
BY-LAW 2012-161 CASTAN AVENUE (AURELIO FILICE), PARTS OF LOT 6,
REGISTERED PLAN 2196, SOUTH
UNIONVILLE PLANNING DISTRICT, 19TM-1000 (DELETING BY-LAW)
- A by-law to amend By-law 304-87, as
amended, to delete the subject lands from By-law 304-87, as amended, so that
they may be incorporated into By-law 177-96, as amended, to facilitate
residential development.
(Item No. 3, Report No. 42)
By-law
CARRIED
BY-LAW 2012-162 CASTAN AVENUE (AURELIO FILICE), PARTS OF LOT 6,
REGISTERED PLAN 2196, SOUTH
UNIONVILLE PLANNING DISTRICT, 19TM-1000 (IMPLEMENTING BY-LAW)
- A by-law to amend By-law 177-96, as amended,
to facilitate residential development.
(Item No. 3, Report No. 42)
By-law
CARRIED
BY-LAW 2012-163 A BY-LAW TO AMEND BY-LAW 4-2000, BEING A BY-LAW TO APPOINT THE
CHIEF ADMINISTRATIVE OFFICER
- To delegate authority to the Chief
Administrative Officer during Council summer recess.
By-law
CARRIED
13. IN-CAMERA ITEMS
Council
consented to add In-Camera Item Nos. 2 to 7.
Moved by Councillor
Valerie Burke
Seconded by Deputy
Mayor Jack Heath
That, in
accordance with Section 239 of the Municipal Act,
Council resolve into an in-camera session to discuss the following matters: (12:43
a.m. on June 27, 2012)
REPORT
OF GENERAL COMMITTEE – June 18, 2012
(1) THE SECURITY OF THE PROPERTY OF
THE MUNICIPALITY OR LOCAL
BOARD – LITIGATION MATTER
[Section 239 (2) (a)]
REPORT
OF GENERAL COMMITTEE – June 25 and 26, 2012
(2) A PROPOSED OR PENDING ACQUISITION
OR DISPOSITION OF LAND
BY THE MUNICIPALITY OR LOCAL BOARD. (WARD # 3 & WARD # 7)
[Section 239 (2) (c)]
(3) A PROPOSED OR PENDING ACQUISITION OR
DISPOSITION OF
LAND BY THE MUNICIPALITY OR LOCAL BOARD. (WARD #3)
[Section 239 (2) (c)]
REPORT
OF DEVELOPMENT SERVICES COMMITTEE- June 26, 2012
(4) LITIGATION
OR POTENTIAL LITIGATION, INCLUDING MATTERS
BEFORE ADMINISTRATIVE TRIBUNALS, AFFECTING
THE MUNICIPALITY OR LOCAL BOARD
[Section 239 (2) (e)]
(5) A PROPOSED OR PENDING ACQUISITION OR
DISPOSITION OF
LAND BY THE MUNICIPALITY OR LOCAL BOARD. (WARD 3)
[Section 239 (2) (c)]
COUNCIL
– June 26, 2012
(6) BOARD/COMMITTEE APPOINTMENTS (16.24)
REPORT
OF GENERAL COMMITTEE – June 25 and 26, 2012
(7) LABOUR
RELATIONS OR EMPLOYEE NEGOTIATIONS (11.0)
[Section
239 (2) (b)]
CARRIED
Moved by Regional
Councillor Gord Landon
Seconded by Councillor
Alan Ho
That
Council rise from in-camera session and report. (1:11 a.m. on June 27, 2012)
CARRIED
Council
reported out the items as follows:
(1) LITIGATION
MATTER (8.7)
Moved by Councillor
Logan Kanapathi
Seconded by Councillor
Colin Campbell
1) That the confidential report dated May
22, 2012 from the Commissioner of Corporate Services and Treasurer regarding a
litigation matter be received for information; and,
2) That staff be
directed to do all things necessary to give effect to this report.
CARRIED
(2) PROPERTY
MATTERS (WARDS 3 AND 7) (8.0)
Moved by Councillor
Logan Kanapathi
Seconded by Councillor
Colin Campbell
1) That the confidential report dated June
22, 2012 from the Chief Administrative Officer and Town Solicitor regarding
property matters in Wards 3 and 7 be received; and,
2) That staff be authorized to proceed as
directed by Council on June 26, 2012.
CARRIED
(3) PROPERTY
MATTER (WARD 3) (8.7)
Moved by Councillor
Logan Kanapathi
Seconded by Councillor
Colin Campbell
1) That the confidential report dated June
14, 2012 from the Chief Administrative Officer and Town Solicitor regarding a
property matter in Ward 3 be received; and,
2) That staff be authorized to proceed as
directed by Council on June 26, 2012.
CARRIED
(4) CONSENT AND MINOR VARIANCE APPEALS
17 EAST DRIVE, MARKHAM
IAN & MARY GRAHAM
B/02/11 & A/20/12 (10.12)
Moved by Councillor
Logan Kanapathi
Seconded by Councillor
Colin Campbell
1) That
the confidential report titled “Consent and Minor Variance Appeals, 17 East
Drive, Markham, Ian & Mary Graham, B/02/2011 & A/20/12”, be received;
and,
2) That
the Town Solicitor be instructed not to attend the Ontario Municipal Board
(OMB) hearing respecting the consent and minor variance applications for 17
East Drive (B/02/11 & A/20/12); and further,
3) That
Staff be authorized and directed to do all things necessary to give effect to
this resolution.
CARRIED
(5) ACQUISITION
OF PROPERTY (WARD 3) (8.0)
Moved by Councillor
Logan Kanapathi
Seconded by Councillor
Colin Campbell
1) That the confidential report dated June
25, 2012 from the Chief Administrative Officer and Town Solicitor regarding the
acquisition of a property matter in Ward 3 be received; and,
2) That staff be authorized to proceed as
directed by Council on June 26, 2012.
CARRIED
(6) BOARD/COMMITTEE
APPOINTMENTS (16.24)
Moved by Councillor
Logan Kanapathi
Seconded by Councillor
Colin Campbell
1) That the following persons be appointed
to the Markham Centre Advisory Group:
Name
|
Term
|
Christine To
|
November 30, 2016
|
Karen Ho-Cespedes
|
November 30, 2015
|
Bruce Burnett
|
November 30, 2014
|
; and,
2) That the following persons be appointed
to the Race Relations Committee:
Name
|
Term
|
Barbara Tate
|
November 30, 2016
|
Samil Chagpar
|
November 30, 2014
|
Moises Calo
|
November 30, 2013
|
; and,
3) That the following persons be appointed
to the Seniors Advisory Committee:
Name
|
Term
|
Joan Lever
|
November 30, 2015
|
Balasunderam Ponniah
|
November 30, 2016
|
Kunigal (Asad) Shariff
|
November 30, 2016
|
; and,
4) That the following persons be appointed
to the Milliken Mills Main Street Advisory Group:
Name
|
Term
|
Mark Sui
|
November 30, 2015
|
Emanuel Leyson
|
November 30, 2016
|
; and,
5) That the following persons be appointed
to the Animal Care Committee:
Name
|
Term
|
Furhait Kashmiri
|
November 30, 2015
|
Mi Ly
|
November 30, 2016
|
; and,
6) That the following persons be appointed
to the Cycling & Pedestrian Advisory Committee:
Name
|
Term
|
Paul Salvo
|
November 30, 2016
|
Joe Doria
|
November 30, 2014
|
; and further,
7) That the following persons be appointed
to the Achievement & Civic Recognition Committee:
Name
|
Term
|
Binu George
|
November 30, 2015
|
(7) LABOUR
RELATIONS OR EMPLOYEE NEGOTIATIONS (11.0)
Moved by Councillor
Logan Kanapathi
Seconded by Councillor
Colin Campbell
1) That staff be
authorized to proceed as directed by Council on June 26, 2012 on the labour relations or employee
negotiations matter.
CARRIED
14. CONFIRMATORY BY-LAW
Moved by Councillor
Colin Campbell
Seconded by Councillor
Valerie Burke
That By-law 2012-153
be given three readings and enacted.
Three Readings
BY-LAW 2012-153 A BY-LAW TO CONFIRM THE PROCEEDINGS OF THE COUNCIL MEETING OF JUNE
26, 2012.
By-law
CARRIED
15. ADJOURNMENT
Moved by Councillor Alex Chiu
Seconded by Councillor
Valerie Burke
That the Council meeting be adjourned at 1:12 a.m. on June 27, 2012.
CARRIED
_______________________________ _______________________________
KIMBERLEY
KITTERINGHAM FRANK
SCARPITTI
TOWN CLERK MAYOR
(Signed)