May
25, 2010
COUNCIL MINUTES Council Chamber, Civic Centre
Meeting No. 9
Alternate
formats for this document are available upon request
ROLL
CALL
Mayor F. Scarpitti, Deputy Mayor J. Heath, Regional Councillor J. Jones, Regional Councillor G. Landon, Regional Councillor J. Virgilio, Councillor V. Burke, Councillor E. Shapero, Councillor D. Hamilton, Councillor C. Moretti, Councillor J. Webster, Councillor D. Horchik, Councillor L. Kanapathi, Councillor A. Chiu.
STAFF
J. Livey, Chief Administrative Officer
J. Baird, Commissioner of Development Services
B. Librecz, Commissioner of Community and Fire Services
A. Taylor, Commissioner of Corporate Services
C. Conrad, Town Solicitor
K. Kitteringham, Town Clerk
A. Brouwer, Deputy Town
Clerk
J. Wong, Technology Support
Specialist
D. Flaherty, Acting Director, Communications & Community Relations
R. Capocci, Chief of Staff
J. Lustig, Treasurer
C. Biss, Chief Executive Officer, Markham Public Library
The Regular Meeting of Council convened at 7:10 p.m. on May 25, 2010 in the Council Chamber, Civic Centre. Mayor F. Scarpitti presided.
1. DISCLOSURE OF PECUNIARY INTEREST
(1) Councillor Dan Horchik disclosed an interest with respect to Item No. 5 under New/Other Businesses and By-laws 2010-105 and 2010-106 (Angus Glen Village Ltd. Draft Plan of Subdivision), as his property abuts the subject property, and did not take part in the consideration or discussion of or vote on the question of the approval of such matter.
(2) Councillor C. Moretti disclosed an interest with respect to By-laws 2010-103 and 2010-104 (16th and McCowan Holdings Limited), as her son works for Fieldgate Homes, and did not take part in the consideration or discussion of or vote on the question of the approval of such matter.
(3) Regional Councillor Joseph Virgilio disclosed an interest with respect to By-law 2010-97 (Dedication of certain lands as part of the highways of the Town of Markham (Part of Block 298, Plan 65M-3364, Plan 65R-25807, designated as Part 1 [Olivia Drive] and Part 3 [Lane])), as he represents the owner of the subject property and did not take part in the consideration or discussion of or vote on the question of the approval of such matter.
2. MINUTES
(1) COUNCIL
MINUTES - MAY 11, 2010
Moved by Councillor A. Chiu
Seconded by Councillor V. Burke
That the Minutes of the Council Meeting held on May 11, 2010, be adopted.
CARRIED
3. PRESENTATIONS
Council consented to add Presentation No. (3).
(1) 2009 MINISTER'S AWARD FOR INNOVATION
- C3™ INITIATIVE (CUSTOMER
CENTRE CLASSIFICATION) (12.2.6)
The Honourable Michael Chan, Minister of Tourism and Culture, presented the 2009 Minister's Award for Innovation to Council, the Library Board and staff. The award recognizes the Town of Markham Public Library's successful new approaches that demonstrate a positive impact in the community through C3™ initiative (Customer Centre Classification).
(See New/Other Businesses 1)
(2) MARKHAM GYMNASTICS CLUB
PROVINCIAL GYMNASTIC
CHAMPIONSHIPS RECOGNITION (12.26)
The members of the Markham Gymnastics Club performed a short gymnastics
demonstration for Council. Council thanked
the members and recognized the Markham Gymnastic Club’s participants at the
Provincial Gymnastic Championships for their outstanding achievements,
including:
- Lindsay Braithwaite (Women’s Gymnastics Level 9 – 2010 Ontario Cup
Champion)
- John Philip Chua (Men’s Gymnastics Level 1 – 2010 Provincial Champion)
- Kevin Hsiao (Men’s National Youth Gymnastics 2010 Provincial Champion)
- Jeremy Bartholomeusz (Men’s Gymnastics Level 5 – 2010 Provincial
Champion)
(3) AIRCRAFT ACCIDENT AT 8885 WOODBINE AVENUE, MARKHAM (12.2.6)
Mayor F. Scarpitti advised of the plane crash at Thinkway Toys, 8885 Woodbine Avenue, Markham. He noted all the employees of the toy manufacturing firm escaped injury but that the occupants of the plane perished in the crash. He also commended the quick response of the Markham Fire and Emergency Services, York Regional Police and Emergency Medical Services (EMS) on this tragedy.
Moved by Deputy Mayor J. Heath
Seconded by Regional Councillor J. Jones
That the Council of the Town of Markham express its sincere condolences to the family and friends of the victims involved in the aircraft accident that occurred on May 25, 2010 at the Thinkway Toys building, 8885 Woodbine Avenue, Markham; and,
That the Markham Fire and Emergency Services, York Regional Police and Emergency Medical Services (EMS) be commended for their quick response on this tragedy.
CARRIED UNANIMOUSLY
4. DELEGATIONS
Council consented to add Delegation No. (1).
(1) Steve Schaefer, SCS Consulting Group, addressed Council to request the deferral of the matter regarding “Development Charge Credit/Reimbursement Application – Jade Kennedy Development Corporation”. (7.11)
(Item No. 8, Report No. 30)
5. PETITIONS
There were no petitions considered by Council.
6(a) REPORT NO. 29 - GENERAL COMMITTEE (May 10, 2010)
Council consented to separate Item No. 4.
Moved by Regional Councillor J. Virgilio
Seconded by Councillor C. Moretti
That Report No. 29 – General Committee comprised of 4 items be received and adopted, except Item No. 4.
(See following Item No. 4)
(1) EMERGENCY
OPERATIONS CENTRE
RE- LOCATION TO 8100 WARDEN
AVENUE (5.0)
1) That the report and presentation titled “Emergency Operation Centre Re-location to 8100 Warden Ave.” be received; and,
2) That the conceptual floor plan as presented for the Emergency Operation Centre be approved in principle; and,
3) That staff proceed with detailed design work, preparation of working drawings, tendering, and tender award as required to insure that construction of this facility commences as soon as possible; and,
4) That the CAO be delegated authority for contract approvals within the scope of the total project budget; and further,
5) That staff be authorized and directed to do all things necessary to give effect to this resolution.
CARRIED
(2) FIRE STATION
99-CORNELL (5.0)
1) That the presentation by Thomas Brown Architects Inc. be received; and,
2) That the design of the Cornell Fire Station be approved; and,
3) That staff proceed with detailed design and costing and report back to committee; and further,
4) That Staff be authorized and directed to do all things necessary to give effect to this resolution.
CARRIED
(3) AWARD
OF CONTRACT FOR 083-R-10 250KW
GRID TIE SOLAR PHOTOVOLTAIC
SYSTEM
AT 8100 WARDEN AVE. (7.12)
1) That the report titled. “Award of Contract 083-R-10 – 250kW Grid Tie Solar Photovoltaic System (PV) at 8100 Warden Ave.” dated April 19, 2010 be received; and,
2) That Council authorize the installation of a 250kW solar PV panel system on the roof of the 8100 Warden Ave. warehouse, as shown in Figure #1; and,
3) That Staff be authorized to award Contract 083-R-10 to the highest ranked / 2nd lowest priced supplier Carmanah Technologies Corporation in the amount of $1,592,640.67 inclusive of HST and exclusive of GST; and,
4) That a separate purchase order in the amount of $152,640.00 inclusive of HST and exclusive of GST be issued for contingency to cover any additional fees and that the Director of Asset Management be authorized to approve expenditure of this contingency amount up to the specified limit in accordance with the Expenditure Control Policy and a monthly expenditure status be provided to the Town Treasurer; and,
5) That Staff be authorized to acquire applicable permits as well as to retain a qualified professional to inspect the system during construction for an upset limit of $20,352.00 inclusive of HST and exclusive of GST in accordance with the Town’s purchasing bylaws; and,
6) That the awards be funded with $1,028,660.00 from capital budget account 056-5350-9517-005 (Facility Energy Retrofits – Stimulus) and $736,972.67 from capital budget account 056-5350-9540-005 (Photovoltaic Solar Panel System at 8100 Warden – Supplemental Funding); and,
7) That the annual Feed-In-Tariff revenue of approximately $178,000 be directed back to Life Cycle Reserve Fund until $736,972.67 is paid back; and,
8) That a policy on energy retrofit savings and renewable energy revenues be developed to address the remaining revenues from the Feed-In-Tariff after the $736,972.67 from the Life Cycle Reserve is replenished; and,
9) That
the
10) That Staff be authorized and directed to do all things necessary to give effect to this resolution.
CARRIED
(4) AWARD
OF PROPOSAL 339-R-09
WIDE AREA NETWORK (WAN)
CONNECTIVITY AND INTERNET
SERVICES (7.13 & 7.12)
1) That the report entitled “Award of Proposal 339-R-09 Wide Area Network (WAN) Connectivity and
Internet Services” be received; and,
2) That the contract for Wide Area Network (WAN) Connectivity Services from Proposal 339-R-09 (PART A) be awarded to the highest ranked, lowest priced bidder, Atria Networks, in the amount of $1,407,835.80, ($1,392,076.80 for WAN Connectivity Services and $15,759.00 for network installation, inclusive of HST); and,
3) That a separate purchase order in the amount of $1,576.00 inclusive of HST be issued for contingency for the network installation; and,
4) That the contract for Wide Area Network (WAN) Connectivity Services from Proposal 339-R-09 (PART A) be funded from operating budget account# 400-404-5108 in amount of $1,392,076.80 over a five (5) year period subject to Council approval of future years’ budgets; and,
5) That the contract for WAN network installation be funded from capital budget account # 049-5350-10084-005 in amount of $17,335.00 (which includes a contingency of $1,576); and,
6) That the contract for Primary Internet Services from Proposal 339-R-09 (PART C-specific to 40 Mbps) be awarded to the highest ranked, lowest priced bidder, Atria Networks in the amount of $61,056.00 (inclusive of HST), over a five (5) year period ; and,
7) That the contract for Secondary Internet Services from Proposal 339-R-09 (PART C-specific to 20 Mbps) be awarded to the second highest ranked and third lowest priced bidder, Bell Canada in the amount of $90,301.64 (inclusive of HST) over a five (5) year period; and,
8) That the contract for Internet Services (for both 40 Mbps and 20 Mbps) from Proposal 339-R-09 (PART C) in the amount of $151,357.64 be funded from operating budget account# 400-404-5108 over a five (5) year period subject to Council approval of future years’ budgets; and,
9) That the monthly donation of $625 as
included within their bid submission from the Atria Community Donation Program,
be credited to the ITS donation account#400 404-9250. The budget for this account will be amended
accordingly from 2011 to 2015; and,
10) That the Chief
Information Officer and Chief Administrative Officer be authorized to exercise
the option to renew contract 339-R-09 for additional five (5) one (1) year
terms at 2.25% per year discounted price for WAN connectivity services, and for
the same cost as years 1 to 5 for internet services, subject to performance and
budget approval; and,
11) That Atria Networks be designated as the
preferred vendor for WAN connectivity needs for any future new or additional
Town of Markham sites during the term of this contract; and further,
12) That Staff be authorized and directed to do all things
necessary to give effect to this resolution.
DEFERRED TO THE
JUNE 8, 2010 COUNCIL MEETING
(See following motion to defer)
Moved by Regional Councillor J. Virgilio
Seconded by Regional Councillor G. Landon
That Item No. 4, Report No. 29 regarding “Award of Proposal 339-R-09 Wide Area Network
(WAN) Connectivity and Internet Services” be deferred to the June 8, 2010 Council meeting.
CARRIED
6(b) REPORT NO. 30 - GENERAL COMMITTEE (May 17, 2010)
Council consented to separate Item No. 8.
Moved by Regional Councillor J. Virgilio
Seconded by Councillor L. Kanapathi
That Report No. 30 – General Committee comprises of 11 items be received and adopted, except Item No. 8.
(See following Item No. 8)
(1) DIVERSITY ACTION PLAN (11.7)
1) That the draft Markham Diversity Action Plan be received; and
2) That Council approve the draft Plan for the purposes of broad external stakeholder consultation; and further,
3) That Staff be authorized and directed to do all things necessary to give effect to this resolution.
CARRIED
(2) JOINT PORTAL PROJECT
- PHASE 1- GO LIVE (7.13)
1) That the presentation on the Joint Portal project be received; and,
2) That staff be given the approval, in principle, to go-live with the new Markham website look & feel; and,
3) That staff continue to work with the Joint IT Sub-Committee & Communications Committee prior to go-live to finalize the new site look & feel; and further,
4) That staff be authorized and directed to do all things necessary to give effect to this resolution.
CARRIED
(3) FRAMEWORK FOR THE ESTABLISHMENT
OF AN ELECTION COMPLIANCE
AUDIT COMMITTEE (14.0)
1) That the Report entitled “Framework for the Establishment of
an Election Compliance Audit Committee” be received; and,
2) That Council adopt the Terms of Reference for an Election
Compliance Audit Committee outlined in Appendix “A”; and,
3) That, following the recruitment process, the Clerk report to
Council in advance of the October 1, 2010 deadline to present a short list of
candidates for Council’s consideration; and further,
4) That Staff be authorized and directed to do all things
necessary to give effect to this resolution.
CARRIED
(4) DRAFT 2009 CONSOLIDATED
FINANCIAL STATEMENTS (7.2)
1) That the report “Draft 2009 Consolidated Financial Statements” be received; and,
2) That Council approve the Corporation of
the Town of Markham’s Draft Consolidated
Financial Statements including Markham
Enterprises Corporation (MEC) for the fiscal year ended December 31, 2009; and,
3) That Council authorize Staff to issue
the Financial Statements (including MEC) for the fiscal year ended December 31,
2009 upon
receiving the auditors’ report;
and,
4) That Lorri Whetham, Kishor Soneji, and Sandra
Skelcher be recognized for their exceptional work on
this project, and further,
5) That
Staff be authorized and directed to do all things necessary to give effect to
this resolution.
CARRIED
(5) MINUTES OF MAY 3, 2010
RACE RELATIONS COMMITTEE (16.0)
1) That the Minutes of the May 3, 2010 Race Relations Committee be received; and,
2) That Council endorse the following resolution passed at the May 3, 2010 Race Relations Committee Meeting:
That the Town of
CARRIED
(6) MINUTES OF THE MAY 3, 2010
ENVIRONMENTAL ISSUES COMMITTEE
(16.0)
1) That the Minutes of the May 3, 2010 Environmental Issues Committee be received; and
2) That MESF funding in the amount of
$2,500 be awarded to Vicky McGrath, Director, Sustainability Office, for the
Legacy Community Garden Pilot Project, provided that the funds not be released
by the Sustainability Office to Legacy Organic Garden until all necessary licensing,
approvals and guideline requirements are obtained and met; and further,
3) That the revised Environmental Issues Committee Terms of Reference be referred to staff for comments and clarification, and be brought back to General Committee.
CARRIED
(7) ADVISORY COMMITTEE RESIGNATIONS (16.24)
1) That
the resignation of Councillor Dan Horchik from the Markham Centre Sub-Committee
be received with regret.
CARRIED
(8) DEVELOPMENT CHARGE
CREDIT REIMBURSEMENT APPLICATION -
JADE KENNEDY DEVELOPMENT CORPORATION (7.11)
1) That the report entitled “Development Charge Credit/Reimbursement Application – Jade Kennedy Development Corporation” be received; and,
2) That Council authorize Town Wide Hard Development Charge credits not exceeding $538,647.55 to Jade Kennedy Development Corporation, in accordance with the Town’s Development Charge Credit Policy for the cost of land acquisition and construction of South Unionville Avenue extension; and,
3) That the following resolution be referred to staff to provide a status report at the June 8, 2010 Development Services Committee:
“That Council authorize Area Specific Development Charge credits and reimbursement not exceeding $3,362,338.94 to Jade Kennedy Development Corporation for the cost of land acquisition and construction of a storm water management facility.”; and,
4) That the Mayor and Clerk be authorized to execute a development charge credit and reimbursement agreement with Jade Kennedy Development Corporation, or their successors in title to the satisfaction of the Treasurer and Town Solicitor; and further,
5) That staff be directed to do all things necessary to give effect to this report.
(Delegation 1 and Communication No. 37-2010)
CARRIED AS AMENDED
(See following motion to amend)
Moved by Councillor D. Horchik
Seconded by Regional Councillor J. Virgilio
That the following resolution be referred to staff to provide a status report at the June 8, 2010 Development Services Committee:
“That Council authorize Area Specific Development Charge credits and reimbursement not exceeding $3,362,338.94 to Jade Kennedy Development Corporation for the cost of land acquisition and construction of a storm water management facility.”
CARRIED
(9) DEVELOPMENT CHARGE
REIMBURSEMENT APPLICATION –
GREENSBOROUGH LANDOWNERS GROUP (7.11)
1) That the report entitled
“Development Charge Reimbursement Application – Greensborough Landowners Group”
be received; and,
2) That Council authorize a
Town Wide Hard Development Charge reimbursement of $1,867,105.82 to the
Greensborough Landowners Group for
the construction of public works relating to sidewalks and the extension of
Castlemore Avenue in the Greensborough community; and,
3) That Council authorize
the reimbursement of $1,867,105.82 to be paid from the Town Wide Hard
Development Charge Reserve; and,
4) That
Engineering fees in the amount of $93,046.28 be transferred from the Town Wide
Hard Development Charge Reserve to the Engineering Fees account; and,
5) That
the Mayor and Clerk be authorized to execute a Development Charge Reimbursement
Agreement with the Greensborough Landowners Group, or their successors in
title; and further,
6) That staff be directed to do all things necessary to give effect to this report.
CARRIED
(10) 2009 HEDGING CONTRACT RESULTS (7.2)
1) That the report dated May 17, 2010 entitled “2009 Hedging Contract Results” be received; and,
2) That Staff be authorized and directed to do all things necessary to give effect to this resolution.
CARRIED
(11) AGREEMENT FOR SAINT ROBERTS
ARTIFICIAL TURF FIELD AND BUBBLE (6.4)
1) That the report entitled “Agreement for Saint Roberts Artificial Turf Field and Bubble” be received; and,
2) That Council authorize the Mayor and Clerk to execute a joint use and maintenance agreement with the York Catholic District School Board (YCDSB) in respect of the Saint Roberts Secondary School Artificial Turf Field and Seasonal Bubble, in a form and content satisfactory to the Chief Administrative Officer and the Town Solicitor; and further,
3) That staff be authorized and directed to do all things necessary to give effect to this resolution.
CARRIED
6(c) REPORT NO. 31 - DEVELOPMENT SERVICES COMMITTEE (May 11, 2010)
Moved by Councillor J. Webster
Seconded by Councillor D. Horchik
That Report No. 31 – Development Services Committee comprised of 1 item be received and adopted.
(1) TOWN
OF MARKHAM FIVE YEAR
SIDEWALK
CONSTRUCTION AND
ILLUMINATION INSTALLATION
PROGRAM 2010-2014 (5.10)
Report Attach A Attach B Attach C Attach D
1) That the report entitled “Town of Markham Five Year Sidewalk Construction and Illumination Installation Program 2010-2014” be received; and,
2) That the 2010 Capital Program for Sidewalk Construction Projects be endorsed; and,
3) That the Five Year Sidewalk Construction program (2010-2014) be endorsed in principle and that staff report back regarding the proposed infill areas in Thornhill (Ward 1) and Cachet area (Ward 6) and updated on an annual basis; and,
4) That the 2010 Capital Program for Illumination Installation Projects be endorsed; and,
5) That the Five Year Illumination Installation program (2010-2014) be endorsed and updated on an annual basis; and further,
6) That staff be authorized and directed to do all things necessary to give effect to this resolution.
CARRIED
6(d) REPORT NO. 32 - DEVELOPMENT SERVICES COMMITTEE (May 18, 2010)
Council consented to separate Item No. 2.
(See following Item No. 2)
Moved by Councillor J. Webster
Seconded by Councillor D. Horchik
That Report No. 32 – Development Services Committee comprised of 3 items be received and adopted.
(1) DESIGNATED HERITAGE PROPERTY
GRANT APPLICATIONS - 2010 (16.11)
1) That
the staff report dated May 18, 2010 entitled “Designated
2) That
Designated
- 23 Peter Street - $5,000 for foundation and brick restoration/repairs subject to obtaining Minor Site Plan Approval and Building Permit;
- 180 Main St N - $5,000 for restoration and structural repair of front veranda subject to obtaining Minor Site Plan Approval and Building Permit including detailed drawings and specifications;
- 1 Kalvinster Drive - $5,000 for foundation
waterproofing and storm windows/door subject to obtaining a
- 48 Church St - $1,750 for brick repair and
re-pointing subject to obtaining a
- 32 Church St - $2,500 for replica windows subject to complying with approved elevations and specifications/conditions of the executed Site Plan Agreement;
- 26 Albert St - $2,500 for restoration of heritage dwelling subject to complying with approved elevations, restoration requirements and specifications/conditions of the Site Plan Agreement;
- 20 Peter St - $2,500 for restoration and replication of windows
subject to obtaining a
- 309 Main St N - $3,885 for veranda restoration and stabilization subject to retaining and repairing the existing concrete blocks and obtaining a Building Permit;
- 32 Washington St - $1,425 for a cedar roof
subject to obtaining a
3) That owners of properties approved to receive a grant enter into a Letter of Understanding with the Town; and,
4) That
the grants be funded through the Designated
5) That Staff be authorized and directed to do all things necessary to give effect to this resolution.
CARRIED
(2) COMMERCIAL FAÇADE
IMPROVEMENT GRANT
PROGRAM FOR HERITAGE DISTRICTS 2010 (16.11)
1) That the staff report entitled “Commercial Façade Improvement Grant Program for Heritage Districts 2010” be received; and,
2) That the applications for the Commercial Façade Improvement Grant Program be approved provided that the applicants comply with the eligibility requirements of the program; and,
3) That 48 Main St. N. receive $11,340.00 of grant assistance to repair and paint the existing historic wood siding provided that outstanding issues with the Town pertaining to the unauthorized removal of the decorative glass sidelights around the front entrance and the unauthorized expansion of the front yard patio be resolved, and that the applicant obtains the necessary approval, and enters into a Grant Agreement with the Town; and,
4) That 170 Main St. Unionville receive $8,950.00 of grant assistance to undertake improvement to the bell tower provided that they obtain the necessary approvals and enter into a Grant Agreement with the Town; and,
5) That the grants be funded through the Heritage Façade Improvement/Replacement Program; and further,
6) That Staff be authorized and directed to do all things necessary to give effect to this resolution.
CARRIED
(See following note)
On May 18, 2010, Development Services Committee deferred the following Recommendation No. 4) to the May 25 meeting:
“That
the recommendation for 170 Main St. Unionville to receive $1,450.00 of grant
assistance to repair the exterior brick veneer of the tower provided that they
obtain the necessary approvals and enter into a Grant Agreement with the Town
be deferred to the May 25, 2010 Development Services Committee meeting.”
On May 25, 2010, Development Services Committee approved the following Recommendation No. 4):
“That
170 Main St. Unionville receive $8,950.00 of grant assistance to undertake
improvement to the bell tower provided that they obtain the necessary approvals
and enter into a Grant Agreement with the Town.”
Council consented to the adoption of Recommendation No. 4) as approved at the May 25, 2010 Development Services Committee meeting.
(3) ACCEPTANCE FOR MAINTENANCE
OF RESIDENTIAL SUBDIVISIONS
REGISTERED PLAN NUMBERS 65M-3981,
65M-3733, 65M-4014, 65M-4025, 65M-3853,
65M-3662, 65M-3663, 65M-3742, 65M-3832,
65R-28056, PARTS 1 AND 2, 65M-3886, 65M-4006,
65M-3835, 65M-3833 AND 65R-26137, PARTS 6 AND 7 (10.7)
1) That the report entitled “Acceptance for Maintenance of Residential Subdivisions Registered Plan Numbers 65M-3981, 65M-3733, 65M-4014, 65M-4025, 65M-3853,65M-3662, 65M-3663, 65M-3742, 65M-3832, 65R-28056, Parts 1 and 2, 65M-3886, 65M-4006, 65M-3835, 65M-3833 and 65R-26137, Parts 6 and 7” and dated May 18, 2010, be received; and,
2) That the municipal services in Subdivision Registered Plan numbers 65M-3981, 65M-3733, 65M-4014, 65M-4025, 65M-3853, 65M-3662, 65M-3663, 65M-3742, 65M-3832, 65R-28056, Parts 1 and 2, 65M-3886, 65M-4006, 65M-3835, 65M-3833, and 65R-26137, Parts 6 and 7 be accepted for Maintenance; and,
3) That by-laws be enacted by Council to accept these subdivisions and to establish each of the roads within the residential subdivisions as a public highway of the Town of Markham; and,
4) That the Community Services Commission accepts the responsibility for operating and maintaining the infrastructure within the subdivision as part of the Town’s system; and,
5) That the Acceptance for Maintenance Period commence May 1, 2010; and,
6) That acceptance of the subdivision be taken into consideration in future operating budgets; and,
7) That the by-law to amend schedule ‘12’ of Traffic By-law #106-71, by including compulsory stops to the indicated streets, be approved; and,
8) That the by-law to amend Schedule ‘A’ of the Speed By-law #105-71, by including a maximum speed of 40 kilometers per hour for the streets indicated, be approved; and,
9) That the by-law to amend Schedule ‘C’ of the Parking of Vehicles By-law #2005-188, by including prohibited parking on the streets indicated, be approved; and,
10) That the Mayor and Clerk be authorized to execute the necessary releases from the terms of the Subdivision Agreements, subject to confirmation from the Director of Engineering that the final two year guarantee periods have been completed; and further,
11) That Staff be authorized and directed to do all things necessary to give effect to this resolution.
(By-laws 2010-77
to 2010-94)
CARRIED
6(e) REPORT NO. 33 - DEVELOPMENT SERVICES
PUBLIC MEETING
(May 18, 2010)
Council consented to separate Item No. 1.
(See following Item No. 1)
Moved by Councillor J. Webster
Seconded by Councillor D. Horchik
That Report No. 33 – Development Services Public Meeting comprised of 1
item be received and adopted.
(1) TOWN
INITIATED ZONING BY-LAW AMENDMENT
RELATING TO ELECTION CAMPAIGN
OFFICES
IN NON-RESIDENTIAL ZONES IN
THE TOWN OF MARKHAM (10.5)
1) That the Development Services Commission report dated March 24, 2010 entitled “Preliminary Report, Town initiated Zoning By-law Amendment relating to Election Campaign Offices in non-residential zones in the Town of Markham” be received; and,
2) That the Record of the Public Meeting held on May 18, 2010, with respect to the proposed town-wide zoning by-law amendment be received; and,
3) That the memorandum dated May 25, 2010 from the Town Clerk outlining the potential process required to facilitate the erection of election signs identifying a campaign office at a private residence in conformity with the Home Occupation By-Law be received; and,
4) That clause 1.2(b) of the draft proposed amending By-law referenced as Appendix B of the March 24, 2010 staff report entitled “Town initiated Zoning By-law Amendment relating to Election Campaign Offices in non-residential zones in the Town of Markham” be deleted; and further,
5) That the Town-initiated amendment to By-laws 1229, 1442, 1507, 1767, 2053, 2150, 2237, 2284-68, 2325-68, 2402, 2489, 2551, 2571, 2612, 11-72, 122-72, 77-73, 83-73, 119-73, 151-75, 88-76, 127-76, 250-77, 145-78, 162-78, 163-78, 184-78, 72-79, 91-79, 118-79, 134-79, 153-80, 165-80, 72-81, 90-81, 108-81, 193-81, 221-81, 28-82, 194-82, 196-82, 47-85, 304-87, 242-90, 19-94, 177-96, 28-97 and 2004-196, as amended, be approved; and further,
6) That the proposed amendment to By-laws 1229, 1442, 1507, 1767, 2053, 2150, 2237, 2284-68, 2325-68, 2402, 2489, 2551, 2571, 2612, 11-72, 122-72, 77-73, 83-73, 119-73, 151-75, 88-76, 127-76, 250-77, 145-78, 162-78, 163-78, 184-78, 72-79, 91-79, 118-79, 134-79, 153-80, 165-80, 72-81, 90-81, 108-81, 193-81, 221-81, 28-82, 194-82, 196-82, 47-85, 304-87, 242-90, 19-94, 177-96, 28-97 and 2004-196, as amended be enacted without further notice.
(Communication
No. 35-2010) (By-law 2010-102)
CARRIED BY A UNANIMOUS RECORDED VOTE
(See following recorded vote)
(See following motion which was
lost)
YEAS: Mayor F. Scarpitti, Deputy Mayor J. Heath, Regional Councillor J. Jones, Regional Councillor G. Landon, Regional Councillor J. Virgilio, Councillor V. Burke, Councillor E. Shapero, Councillor D. Hamilton, Councillor C. Moretti, Councillor J. Webster, Councillor D. Horchik, Councillor L. Kanapathi, Councillor A. Chiu.
Council consented to receive the memorandum dated May 25, 2010 from the Town Clerk outlining the potential process required to facilitate the erection of election signs identifying a campaign office at a private residence in conformity with the Home Occupation By-Law.
Moved by Councillor J. Webster
Seconded by Regional Councillor J. Jones
That a public meeting be held under The Planning Act to amend
the Home Occupation By-law to permit the placement of signage on residential
properties denoting a “Campaign Office”.
MOTION LOST BY A RECORDED VOTE
(6:7)
(See following recorded vote)
YEAS: Mayor F. Scarpitti, Regional Councillor J. Jones, Regional Councillor G. Landon, Regional Councillor J. Virgilio, Councillor J. Webster, Councillor L. Kanapathi. (6)
NAYS: Deputy Mayor J. Heath, Councillor V. Burke, Councillor E. Shapero, Councillor D. Hamilton, Councillor C. Moretti, Councillor D. Horchik, Councillor A. Chiu. (7)
6(f) REPORT NO. 34 - DEVELOPMENT SERVICES COMMITTEE (May 25, 2010)
Council consented to add Report No. 34 and to separate Item No. 1.
Moved by Councillor J. Webster
Seconded by Regional Councillor J. Jones
That Report No. 34 – Development Services Committee comprised of 3
items be received and adopted, except Item No. 1.
(See following Item No. 1)
(1) TRAFFIC CALMING ON EDEN AVENUE
& RISEBROUGH CIRCUIT (5.12)
Report Attachment Presentation
1) That the report entitled “Traffic Calming on Eden Avenue & Risebrough Circuit”, be received; and,
2) That the following recommendations from the May 25, 2010 Development Services Committee meeting be deferred to a future Development Services Committee meeting to provide an opportunity for the Ward Councillor to meet with representatives of the Markham Fire & Emergency Services and Emergency Medical Services (EMS) to address ongoing concerns with vertical traffic calming measures, and to survey the affected residents on Eden Avenue and the north leg of Risebrough Circuit regarding the installation of physical traffic calming measures:
“2) That physical traffic calming measures be approved in principle on Risebrough Circuit (north) and Eden Avenue subject to the following:
- That a meeting with representatives from the Markham Fire & Emergency Services and Emergency Medical Services (EMS) be organized to address ongoing concerns with vertical traffic calming measures; and,
- Following the meeting with Markham Fire and Emergency Services and EMS, the affected residents on Eden Avenue and the north leg of Risebrough Circuit be surveyed regarding the installation of physical traffic calming measures; and,
3) That
staff be authorized and directed to do all things necessary to give effect to
this resolution.”
CARRIED AS AMENDED
(See following motion to amend)
Moved by Councillor D. Horchik
Seconded by Councillor D. Hamilton
That Resolution No. 1) regarding the report on Traffic Calming on Eden Avenue and Risebrough Circuit be received; and,
That the following Recommendation Nos. 2) and 3) from the May 25, 2010 Development Services Committee meeting be deferred to a future Development Services Committee meeting to provide an opportunity for the Ward Councillor to meet with representatives of the Markham Fire & Emergency Services and Emergency Medical Services (EMS) to address ongoing concerns with vertical traffic calming measures, and to survey the affected residents on Eden Avenue and the north leg of Risebrough Circuit regarding the installation of physical traffic calming measures:
“2) That
physical traffic calming measures be approved in principle on Risebrough
Circuit (north) and Eden Avenue subject to the following:
- That
a meeting with representatives from the Markham Fire & Emergency Services
and Emergency Medical Services (EMS) be organized to address ongoing concerns
with vertical traffic calming measures; and,
- Following
the meeting with Markham Fire and Emergency Services and EMS, the affected
residents on Eden Avenue and the north leg of Risebrough Circuit be surveyed
regarding the installation of physical traffic calming measures; and,
3) That
staff be authorized and directed to do all things necessary to give effect to
this resolution.”
CARRIED
(2) REQUEST FOR DEMOLITION
41 ALBERT STREET, MARKHAM
29 WASHINGTON STREET, MARKHAM (16.11)
1) That
Council endorse the demolition of the garages at 41 Albert Street and 29
Washington Street located within the Markham Village
2) That Staff be authorized and directed to do all things necessary to give effect to this resolution.
CARRIED
(3) REQUEST
BY MS. WENDY STIMSON
FOR A CHANGE OF ADDRESS FROM
4 DANCER'S DRIVE TO 2 DANCER'S
DRIVE (10.14)
1) That the request for an address change by Ms. Wendy Stimson from 4 Dancer's Drive to 2 Dancer's Drive be approved subject to the homeowner paying the direct associated Town cost.
(See Communication No. 36-2010)
CARRIED
7. MOTIONS
There were no motions considered by Council.
8. NOTICES OF MOTIONS
There were no notices of motions considered by Council.
9. COMMUNICATIONS
Council consented to add Communication Nos. 34-2010 to 37-2010.
Moved by Councillor A. Chiu
Seconded by Councillor V. Burke
That Council receive and consent to the disposition of communications in the following manner:
Referred to all Members of Council
31-2010 Paul Kearns, Markham District Veterans Association - Requesting an approval from the Town of Markham to temporarily extend their existing liquor licence to the parking lot area at 7 Washington Street. The extension will be used for their Canada’s Multicultural Day and Pot Luck Fiesta and BBQ being held on June 25, 2010 from 6:00 p.m. to 11:00 p.m. (3.21)
32-2010 Sara Sterling, Race Director, on behalf of Markham Stouffville Hospital - Forwarding a request to close the following streets on November 7, 2010 from 10:00 a.m. to 2:00 p.m. to facilitate the Angus Glen Half Marathon:
- Start line is at Angus Glen Golf Course
- South on Kennedy Road to Major MacKenzie
- West on Major MacKenzie to Prospector's Drive
- South on Prospector's Drive to The Fairways
- West on The Fairways and south onto Royal Troon Crescent
- Royal Troon Cresent onto Angus Glen Blvd
- East on Angus Glen Blvd to Potters Wheel Road
- North on Potters Wheel Road to Port Rush Trail
- East on Port Rush Trail to Angus Meadow Drive
- South on Angus Meadow Drive to Angus Glen Blvd
- East on Angus Glen Blvd to Kennedy Road
- South on Kennedy Road to just north of 16th Avenue
- Runners make a u-turn and go north on Kennedy Road to Elgin Mills Road East
- East on Elgin Mills Road to McCowan Road
- North on McCowan Road to 19th Avenue
- West on 19th Avenue to Warden Avenue
- South on Warden Avenue to Elgin Mills Road East
- East on Elgin Mills Road East to Kennedy Road
- South on Kennedy Road to Angus Glen Golf Course (3.5)
33-2010 Commissioner of Development Services - Providing an update with respect to the proposed Hold Removal By-law for Alderland Group Inc., 201 Hood Road. (10.5)
(By-law 2010-99)
34-2010 Liquor Licence Application - Forwarding a request to complete the Alcohol and Gaming Commission Municipal Information Form for The Dragon Bistro, 139 Main Street Unionville (Change of ownership and expansion of existing operations previously licenced) (Ward 3) (3.21)
35-2010 Town Clerk – Forwarding a memorandum to provide Members of Council with information on the process and required amendments to permit the placement of signage at Election Campaign Offices on residential properties. (10.5)
(Item No. 1, Report No. 33)
36-2010 Commissioner of Development Services – Forwarding a memorandum to outline the associated costs regarding the request for an address change by Ms. Wendy Stimson from 4 Dancer's Drive to 2 Dancer's Drive. (10.14)
(Item 3, Report No. 34)
37-2010 Michael Durisin, Bratty and Partners Barristers and Solicitors, on behalf of Jade-Kennedy Development Corporation - Requesting the Town withhold Area Specific Development Charges for Jade-Kennedy Development Corporation and forwarding comments with respect thereto. (7.11)
(Item No. 8, Report No. 30)
CARRIED
10. PROCLAMATIONS
Council consented to add Proclamation No. (2).
Moved by Councillor A. Chiu
Seconded by Regional Councillor J. Virgilio
That Proclamation Item Nos. (1) and (2) be received and adopted.
(1) PROCLAMATION
- NATIONAL ACCESS AWARENESS
WEEK (3.4)
Whereas
in 1985, Canadian athlete Rick Hansen, began a two year, 40,000 km trek through
34 countries in his wheelchair to raise awareness about the need for
accessibility for persons with disabilities;
Whereas National Access Awareness Week was initiated in 1988 following Rick Hansen’s campaign, to be held the first week of June annually;
Whereas National Access Awareness Week is an opportunity for the Town of Markham and its Accessibility Advisory Committee to demonstrate its support and commitment to improving the lives of persons with disabilities;
Now therefore, the Council of the Corporation of the Town of Markham enacts as follows:
1) That the Council of the Corporation of the Town of Markham hereby proclaims the week of June 1, 2010 as National Access Awareness Week in the Town of Markham; and
2) That the Communications and Community Relations Department be requested to publish the proclamation in the local newspapers.
CARRIED
(2) PROCLAMATION
- VISION HEALTH MONTH AND
SHADES OF FUND DAY (3.4)
1) That Council proclaim May 2010 as “Vision Health Month” and May 27, 2010 as “Shades of Fun Day” in the Town of Markham:
2) That the Communications and Community Relations Department be requested to publish the above proclamations in the local newspapers.
CARRIED
11. NEW/OTHER BUSINESSES
Council consented to separate New/Other Business No. (5) regarding “Angus Glen Village Ltd. Draft Plan of Subdivision” to provide an opportunity for Councillor D. Horchik to disclose an interest on this matter.
(See following Item No. 5)
(1) 2009 MINISTER'S AWARD FOR INNOVATION
- C3™ INITIATIVE (CUSTOMER CENTRE CLASSIFICATION) (12.2.6)
Moved by Deputy Mayor J. Heath
Seconded by Councillor J. Webster
Whereas Markham Public Library has developed
a new library classification system called C3, designed from a customer
perspective to replace the traditional Dewey Classification System and make
libraries more efficient and easier to use; and,
Whereas Ontario’s Ministry of Culture has
awarded the Minister's Award for Innovation to Markham Public Library for its
C3™ – Customer Centred Classification initiative; and,
Whereas the Minister’s Award for Innovation
recognizes successful new approaches that demonstrate a positive impact in a
community and are of continued value for public libraries; and,
Whereas The Honourable Michael Chan, Minister
of Tourism and Culture, is present today to present the award to Council, the
Library Board, and staff; and,
Whereas Markham Council wishes to recognize
the importance of innovation in Markham’s library system, and to congratulate
the Board and all staff who have contributed to the success of C3;
Now therefore be it resolved:
1) That the Mayor and Members of Council
commend the Library Board and Library staff for this significant achievement,
recognize them for their innovative approach to improving library services, and
congratulate them on receiving the Minister's Award for Innovation.
(See Presentation 1)
CARRIED
(2) 2010 UNIONVILLE BUSINESS IMPROVEMENT
AREA OPERATING BUDGET (7.4)
Moved by Deputy Mayor J. Heath
Seconded by Councillor J. Webster
1) That the report entitled “2010 Unionville B.I.A. Operating Budget” dated May 17, 2010 be received; and,
2) That the 2010 Operating Budget in the amount of $237,384 for the Unionville B.I.A. be approved; and,
3) That the Special Tax Rate levy, in the amount of $199,500, for the Unionville B.I.A. members be included in the 2010 Tax Levy By-law; and further,
4) That Staff be authorized and directed to do all things necessary to give effect to this resolution.
CARRIED
(3) 2010 MARKHAM VILLAGE BUSINESS
IMPROVEMENT AREA OPERATING BUDGET (7.4)
Moved by Deputy Mayor J. Heath
Seconded by Councillor J. Webster
1) That the report entitled “2010 Markham Village B.I.A. Operating Budget” dated May 17, 2010 be received; and,
2) That the 2010 Operating Budget in the amount of $251,107 for the Markham Village B.I.A. be approved; and,
3) That the Special Tax Rate levy, in the amount of $215,327, for the Markham Village B.I.A. members be included in the 2010 Tax Levy By-law; and further,
4) That Staff be authorized and directed to do all things necessary to give effect to this resolution.
CARRIED
(4) 2010 BUSINESS IMPROVEMENT
AREAS LEVY BYLAW (7.3)
Moved by Deputy Mayor J. Heath
Seconded by Councillor J. Webster
1) That
a by-law be approved to provide for the levy and collection of a 2010 special
charge against all rateable property in a business property class in the
Unionville Business Improvement Area in the amount of $199,500 and in the
Markham Business Improvement Area in the amount of $215,327; and,
2) That
staff be authorized and directed to do all things necessary to give effect to
this resolution.
(By-law 2010-98)
CARRIED
(5) ANGUS GLEN VILLAGE LTD. – WEST VILLAGE
(PHASE 2)
SOUTH SIDE OF MAJOR MACKENZIE DRIVE
WEST OF KENNEDY ROAD, ANGUS GLEN COMMUNITY
IMPLEMENTING ZONING BY-LAW AMENDMENTS
FOR THE FINAL PHASE OF A DRAFT PLAN OF SUBDIVISION
19TM-03004 (ZA 08-120708 AND SU 03-109045) (10.5, 10.7)
Moved by Councillor J. Webster
Seconded by Regional Councillor J. Virgilio
1) That
the report entitled “Recommendation Report, Angus Glen Village Ltd. – West
Village (Phase 2), South side of Major Mackenzie Drive and West of Kennedy
Road, Angus Glen Community, Implementing Zoning By-law amendments for the final
phase of a draft plan of subdivision 19TM-03004, File Numbers ZA 08-120708 and
SU 03-109045” be received; and,
2) That the memo dated May 18, 2010 providing an update on the
subject application be received; and,
3) That
the application ZA 08-120708 for amendments to Zoning By-laws 304-87 as amended
and 177-96, as amended, be approved; and,
4) That
the draft amendments to Zoning By-laws 304-87, as amended and 177-96, as
amended, attached to this report (Appendix ‘A’) be revised to include the following additional Hold removal conditions
and be enacted without further notice:
The Owner
shall execute a subdivision agreement with the Town. The agreement shall
include, amongst other conditions, conditions related to the construction of
the bridge crossing of Angus Glen Boulevard:
- The Owner acknowledges and understands that the bridge was secured as part of the Letter of Credit of the West Village Phase 1 subdivision agreement
- The Owner acknowledges and understands that the Town can withhold the Letter of Credit posted as part of the West Village Phase 1 subdivision agreement, which is equal to the cost estimate to construct the bridge if the bridge is not constructed by the Owner and assumed by the Town
- The Owner is responsible for constructing the bridge crossing of Angus Glen Boulevard
- The Owner shall provide the Town with a revised cost estimate and construction schedule pertaining to the construction of the bridge crossing of Angus Glen Boulevard, to the satisfaction of the Director of Engineering
- The Owner shall post additional securities for the construction of the bridge if required by the Town, to the satisfaction of the Director of Engineering
5) That
conditional 2011 servicing allocation for 153 units (566 population) be granted
to plan of subdivision 19TM-03004, Phase 2 and 13 units (48 population) be
granted to Lots 1 to 13, 65M-4085, from the total allocation for the Angus Glen
Community, assigned in accordance with the May 19, 2009 report on servicing
allocation; and further,
6) That
Staff be authorized and directed to do all things necessary to give effect to
this resolution.
(By-laws 2010-105 and 2010-106)
CARRIED
(Councillor D. Horchik abstained)
12. BY-LAWS
Council consented to add By-laws 2010-108 and 2010-109 and to the following:
- Separate By-law 2010-97 to provide an opportunity for Regional Councillor J. Virgilio to disclose an interest on this matter (Dedication of certain lands as part of the highways of the Town of Markham (Part of Block 298, Plan 65M-3364, Plan 65R-25807, designated as Part 1 [Olivia Drive] and Part 3 [Lane])).
- Separate By-laws 2010-103 and 2010-104 to provide an opportunity for Councillor C. Moretti to disclose an interest on this matter (16th and McCowan Holdings Limited).
- Separate By-laws 2010-105 and 2010-106 to provide an opportunity for Councillor D. Horchik to disclose an interest on this matter (Angus Glen Village Ltd. Draft Plan of Subdivision).
Moved by Councillor J. Webster
Seconded by Councillor D. Horchik
That By-laws 2010-77 to 2010-106 and By-laws 2010-108 and 2010-109 be given three readings and enacted.
Three Readings
BY-LAW 2010-77 A by-law to establish streets laid out according to Plan of Subdivision 65M-3981 (Sky Homes Corporation and Centennial Community Baptist Church, Part of the East Half of Lot 9, Concession 6 and Part of Block 155 and all of Block 156, Plan 65M-3246 - Laneway A, George Martin Drive and Annina Crescent)
(Item No. 3, Report No. 32)
BY-LAW 2010-78 A by-law to establish streets laid out according to Plan of Subdivision 65M-3733 as public highway (Michael Larkin and Veronica Larkin), Part of Lot 17, Concession 6 - Wilfred Murison Avenue, Kentley Street, Sharon Lee Drive and Joseph Glover Avenue).
(Item No. 3, Report No. 32)
BY-LAW 2010-79 A by-law to establish streets laid out according to Plan of Subdivision 65M-4014 as public highway (Cornell Rouge Development Corp., Part of Lots 14 and 15 and Part of the East Half of Lot 13, Concession 9 - John Allan Cameron Street, Rock Garden Street, Cornell Rouge Boulevard, Balsam Street, Limestone Street, Albert Lewis Street, Shady Oaks Avenue, Autumn Glow Drive, Lane G, Lane Q, Lane R, Lane S, Lane T, Lane U, Lane V, Lane W).
(Item No. 3, Report No. 32)
BY-LAW 2010-80 A by-law to establish streets laid out according to Plan of Subdivision 65M-4025 as public highway (Ninth Line Developments Limited), Part of Lot 19, Concession 8 - Arbour Drive, Cornflower Street, Darren Hill Trail, Stoney Creek Drive, Swan Park Road, Williamson Road and Willow Landing).
(Item No. 3, Report No. 32)
BY-LAW 2010-81 A by-law to establish streets laid out according to Plan of Subdivision 65M-3853 as public highway (Balgreen Holdings Inc. and Winter Garden Estates Inc., Part of Lots 3, 4 and 5, Concession 9 - Andriana Crescent, Barter Street, Batchford Crescent, Caprara Crescent, Fieldside Street, Germain Crescent, Kentview Crescent, Nevis Drive, Nutmeg Street, Reginald Lamb Crescent, Riverwalk Drive, Round Hill Court, Sellwood Lane and Ninth Line).
(Item No. 3, Report No. 32)
BY-LAW 2010-82 A by-law to establish streets laid out according to Plan of Subdivision 65M-3662 as public highway (Pam-Grey Holdings Inc., Part of Lot 18, Concession 8 - Lane A, Lane B, Lane C, Lane D, Lane E, Lane F, Balmano Road, Bur Oak Avenue, Cornerstone Road, Northside Road, Pamgrey Road, Stalmaster Road and Swan Park Road).
(Item No. 3, Report No. 32)
BY-LAW 2010-83 A by-law to establish streets laid out according to Plan of Subdivision 65M-3663 as public highway (Pam-Grey Holdings Inc., Part of Lot 18, Concession 8 - Lane A, Lane B, Lane C, Lane D, Lane E, Lane F, Bur Oak Avenue, Cathmar Drive, Gracewell Road, Osmond Appleton Road, Rachett Road, William Grant Road and Williamson Road).
(Item No. 3, Report No. 32)
BY-LAW 2010-84 A by-law to establish streets laid out according to Plan of Subdivision 65M-3742 as public highway ((Pam-Grey Holdings Inc., Part of Lots 18 and 19, Concession 8 - Jenmat Drive, Williamson Road, Saltspring Drive and Castlemore Avenue).
(Item No. 3, Report No. 32)
BY-LAW 2010-85 A by-law to establish streets laid out according to Plan of Subdivision 65M-3832 as public highway (1055098 Ontario Limited and 1055097 Ontario Limited, Part of Lots 16 and 17, Concession 6 - The Bridle Walk, Castleglen Boulevard and Wilfred Murison Avenue).
(Item No. 3, Report No. 32)
BY-LAW 2010-86 A by-law to establish streets as public highway being Part of Lot 17, Concession 6 designated as Part 1, Plan 65R-28056 (1055098 Ontario Limited and 1055097 Ontario Limited – The Bridle Walk).
(Item No. 3, Report No. 32)
BY-LAW 2010-87 A by-law to establish streets laid out according to Plan of Subdivision 65M-3886 as public highway (1055098 Ontario Limited and 1055097 Ontario Limited, Part of Lot 16, Part of Northwest Part of East, Half of Lot 16 and Part of Lot 17, Concession 6 - Wilfred Murison Avenue, Langley Avenue, Larcastle Avenue, Rooney Road, Bracknell Avenue and Castleglen Boulevard).
(Item No. 3, Report No. 32)
BY-LAW 2010-88 A by-law to establish streets laid out according to Plan of Subdivision 65M-4006 as public highway (Wynberry Developments Inc., Part of Lot 17, Concession 7 – Hawksbury Road and Fred McLaren Boulevard).
(Item No. 3, Report No. 32)
BY-LAW 2010-89 A by-law to establish streets laid out according to Plan of Subdivision 65M-3835 as public highway (Humbold Properties Limited, Part of Lot 19, Concession 8 – Alfred Paterson Drive).
(Item No. 3, Report No. 32)
BY-LAW 2010-90 A by-law to establish streets laid out according to Plan of Subdivision 65M-3833 as public highway (Ninth Line Developments Limited, Part of Lot 19, Concession 8 – Castlemore Avenue).
(Item No. 3, Report No. 32)
BY-LAW 2010-91 A by-law to establish streets as public highway being Part of Blocks 3, 4 and 6, Plan 65M-2505 designated as Parts 6 and 7, Plan 65R-26137 (Humbold Properties Limited et al collectively known as “The Greensborough Landowners Group” – Castlemore Avenue)
(Item No. 3, Report No. 32)
BY-LAW 2010-92 A by-law to amend Traffic By-law 106-71 (Compulsory stops - 65M-3981, 65M-3733, 65M-4014, 65M-4025, 65M-3853, 65M-3662, 65M-3663, 65M-3742, 65M-3832, 65R-28056, Parts 1 and 2, 65M-3886, 65M-4006, 65M-3835, 65M-3833 and 65R-26137, Parts 6 and 7).
(Item No. 3, Report No. 32)
BY-LAW 2010-93 A by-law to amend Speed By-law 105-71 (Maximum speed of 40 kilometers per hour - 65M-3981, 65M-3733, 65M-4014, 65M-4025, 65M-3853, 65M-3662, 65M-3663, 65M-3742, 65M-3832, 65R-28056, Parts 1 and 2, 65M-3886, 65M-4006, 65M-3835, 65M-3833 and 65R-26137, Parts 6 and 7).
(Item No. 3, Report No. 32)
BY-LAW 2010-94 A by-law to amend Parking By-law 2005-188 (Prohibit parking - 65M-3981, 65M-3733, 65M-4014, 65M-4025, 65M-3853, 65M-3662, 65M-3663, 65M-3742, 65M-3832, 65R-28056, Parts 1 and 2, 65M-3886, 65M-4006, 65M-3835, 65M-3833 and 65R-26137, Parts 6 and 7).
(Item No. 3, Report No. 32)
BY-LAW 2010-95 A by-law to dedicate certain lands as part of the highways of the Town of Markham (Block 10, Plan 65M-2919 – Deverill Court).
BY-LAW 2010-96 A by-law to dedicate certain lands as part of the highways of the Town of Markham (Part of Lot 1, Plan 3542, designated as Parts 10, 11 and 13, Plan 65R-29109 – Pagnello Court).
BY-LAW 2010-97 A by-law to dedicate certain lands as part of the highways of the Town of Markham (Part of Block 298, Plan 65M-3364, Plan 65R-25807, designated as Part 1 [Olivia Drive] and Part 3 [Lane]).
(Regional Councillor J. Virgilio abstained)
BY-LAW 2010-98 A by-law be approved to provide for the levy and collection of a 2010 special charge against all rateable property in a business property class in the Unionville Business Improvement Area and in the Markham Business Improvement Area.
(Other Business 4)
BY-LAW 2010-99 A by-law to amend Zoning By-law 108-81, as amended (Alderland Group Inc., 201 Hood Road - To remove (H) Hold provision to permit construction to commence on a mixed-use development consisting of three buildings containing office, restaurant, retail and commercial uses).
(Communication No. 33-2010)
BY-LAW 2010-100 A by-law to amend Zoning By-law 177-96, as amended (Monarch Corporation, 19TM-05009 (Phase I), Part of Lot 22, Concession 3 - To remove (H) Hold provision to permit future employment development).
BY-LAW 2010-101 A by-law to amend 177-96, as amended (Crown of Markham Inc., 19TM-09003, Part of Lots 23 and 24, Concession 3 - To remove (H) Hold provision to permit the construction of three townhouse blocks containing 27 units and one single detached residential lot).
BY-LAW 2010-102 A by-law to amend by-laws 1229, 1442, 1507, 1767, 2053, 2150, 2237, 2284-68, 2325-68, 2402, 2489, 2551, 2571, 2612, 11-72, 122-72, 77-73, 83-73, 119-73, 151-75, 88-76, 127-76, 250-77, 145-78, 162-78, 163-78, 184-78, 72-79, 91-79, 118-79, 134-79, 153-80, 165-80, 72-81, 90-81, 108-81, 193-81, 221-81, 28-82, 194-82, 196-82, 47-85, 304-87, 242-90, 19-94, 177-96, 28-97, as amended (Election Campaign Offices in non-residential zones).
(Item No. 1, Report No. 33)
BY-LAW 2010-103 A by-law to amend Zoning By-law 304-87, as amended (16th and McCowan Holdings Ltd., east of McCowan Road, north of 16th Avenue, Wismer Commons Community - To delete the subject lands from the designated area of By-law 304-87, as amended, so that the lands maybe incorporated into By-law 177-96, as amended, to accommodate a Draft Plan of Subdivision Approval).
(Item No. 1, Report No. 60, 2009)
(Councillor C. Moretti abstained)
BY-LAW 2010-104 A by-law to amend Zoning By-law 177-96, as amended (16th and McCowan Holdings Ltd., east of McCowan Road, north of 16th Avenue, Wismer Commons Community - To accommodate a Draft Plan of Subdivision Approval).
(Item No. 1, Report No. 60, 2009)
(Councillor C. Moretti abstained)
BY-LAW 2010-105 A by-law to amend Zoning By-law 304-87, as amended (Angus Glen Village Ltd., West Village (Phase 2), south side of Major Mackenzie Drive and west of Kennedy Road – To delete the lands from By-law 304-87, as amended, so that they may be incorporated into By-law 177-96, as amended, to permit a draft plan of subdivision),
(Other Business 5)
(Councillor D. Horchik abstained)
BY-LAW 2010-106 A by-law to amend Zoning By-law 177-96, as amended (Angus Glen Village Ltd., West Village (Phase 2), south side of Major Mackenzie Drive and west of Kennedy Road – To permit a draft plan of subdivision),
(Other Business 5)
(Councillor D. Horchik abstained)
BY-LAW 2010-108 A by-law to amend By-law 304-87, as amended (Danvest Wismer Investments Limited Phase 3, east of McCowan Road and south of Major Mackenzie Drive, Concession 7, Part of Lot 19 and 20, 65R-24954, Part 20 - To delete subject lands from By-law 304-87, as amended, so they may be incorporated into By-law 177-96, as amended, to permit a residential subdivision consisting of single-detached, semi-detached and townhouse units).
(Item No. 2, Report No. 22)
BY-LAW 2010-109 A by-law to amend By-law 177-96, as amended (Danvest Wismer Investments Limited Phase 3, east of McCowan Road and south of Major Mackenzie Drive, Concession 7, Part of Lot 19 and 20, 65R-24954, Part 20 - To permit the lands to be developed for residential purposes once the Holding provisions are removed).
(Item No. 2, Report No. 22)
CARRIED
13. IN-CAMERA ITEMS
Moved by Regional Councillor J. Jones
Seconded by Regional Councillor J. Virgilio
That Council resolve into in-camera session to discuss the following matters (9:15 p.m.):
REPORT
OF DEVELOPMENT SERVICES COMMITTEE- May 25, 2010
(1) PAN AM GAMES/POOL FACILITY (6.0)
[Section 239 (2) (c)]
(2) ONTARIO MUNICIPAL BOARD HEARING
RE OFFICIAL PLAN AMENDMENT NO.
182
(VICTORIA SQUARE) (8.0, 10.3)
[Section 239 (2) (e)]
Moved by Regional Councillor J. Jones
Seconded by Councillor C. Moretti
That Council rise from the in-camera session and re-convene regular session. (9:29 p.m.)
CARRIED
Moved by Regional Councillor J. Jones
Seconded by Councillor A. Chiu
That In-Camera Items (1) and (2) be received and adopted.
REPORT
OF DEVELOPMENT SERVICES COMMITTEE- May 25, 2010
(1) PAN AM GAMES/POOL FACILITY (6.0)
1) That the presentation provided by Ms. Mary Creighton, Director of Recreation and Ms. Brenda Librecz, Commissioner of Community & Fire Services regarding the Pan Am Games/Pool Facility, be received.
2) That the confidential report titled “Pan Am Aquatic Facility Site and Functional Program” be received, and;
3) That Council support Markham Centre (Town owned lands) as recommend by the Pan Am Steering Committee as the location for the Pan Am Aquatic Facility that will be used to host Water polo; and,
4) That Council support inclusion of an additional 34,000sf for the purposes of a fitness centre, multi-purpose and meeting rooms, and a gymnasium as part of the proposed aquatic centre; and,
5) That the Town of Markham affirm to HostCo its strong desire to host the National Aquatics Centre and Canadian Sports Institute of Ontario (CSIO) facility for the 2015 Pan Am Games; and further,
6) That Staff be authorized and directed to do all things necessary to give effect to this resolution.
CARRIED BY A UNANIMOUS RECORDED VOTE
(See following recorded vote)
YEAS: Mayor F. Scarpitti, Deputy Mayor J. Heath, Regional Councillor J. Jones, Regional Councillor G. Landon, Regional Councillor J. Virgilio, Councillor V. Burke, Councillor E. Shapero, Councillor D. Hamilton, Councillor C. Moretti, Councillor J. Webster, Councillor D. Horchik, Councillor L. Kanapathi, Councillor A. Chiu.
(2) ONTARIO
MUNICIPAL BOARD HEARING
RE OFFICIAL PLAN AMENDMENT NO.
182
(VICTORIA SQUARE) (8.0, 10.3)
1) That the report entitled “Ontario Municipal Board Hearing re Official Plan No. 182 (Victoria Square)” be received; and,
2) That Staff be authorized and directed to take the actions set out in this report.
CARRIED
14. CONFIRMATORY BY-LAW
Moved by Councillor A. Chiu
Seconded by Councillor V. Burke
That By-law 2010-107 be given three readings and enacted.
Three Readings
BY-LAW 2010-107 A by-law to confirm the proceedings of the Council meeting of May
25, 2010.
(Council Meeting No. 9)
CARRIED
15. ADJOURNMENT
Moved
by Councillor A. Chiu
Seconded by Councillor C. Moretti
That the meeting do adjourn.
CARRIED
Council adjourned at 9:35 p.m.
______________________________ ___________________________
KIMBERLEY KITTERINGHAM FRANK SCARPITTI
TOWN CLERK MAYOR
(Signed)