2007-02-13
COUNCIL MINUTES Council Chamber, Civic Centre
Meeting No. 4
ROLL
CALL
Mayor F. Scarpitti, Deputy Mayor J. Jones, Regional Councillor J. Heath (7:21 p.m.), Regional Councillor T. Wong, Councillor V. Burke, Councillor C. Moretti, Councillor J. Webster (7:21 p.m.), Councillor D. Horchik, Councillor L. Kanapathi, Councillor A. Chiu (7:21 p.m.). (10)
REGRETS
Regional Councillor G. Landon, Councillor E. Shapero, Councillor J. Virgilio. (3)
The Regular
Meeting of Council was held on February 13, 2007 at 7:05 p.m. in
STAFF
J. Livey, Chief Administrative Officer
J. Baird, Commissioner of Development Services
J. Sales, Commissioner of Community & Fire Services
A. Taylor, Commissioner of Corporate Services
S. Birrell, Town Clerk
K. Kitteringham, Deputy Clerk
C. Conrad, Town Solicitor
B. Cribbett, Treasurer
B. Nanninga, Executive Assistant
J. Wong, Technology Support Specialist
1. DISCLOSURE OF PECUNIARY INTEREST
Councillor A. Chiu declared an
interest with respect to, Clause 1, Report No. 6, the matter related to the
1375504 Ontario Inc. (Calearth International
Development Inc.) credit request at 7778 Kennedy Road, by nature of
his position as Chair of the Board, and did not take part in the consideration
of, or vote on the matter.
2. MINUTES
(1) COUNCIL
MINUTES - JANUARY 23, 2007
Moved by Regional Councillor T. Wong
Seconded by Councillor D. Horchik
That the Minutes of the Council Meeting held on January 23, 2007, be adopted.
CARRIED
3. DELEGATIONS
Council consented to add Delegations (1) to (4).
(1) Gerry. Mintz, Calearth
International Development Inc. - Requested Council defer
the matter relating to the refund of development charges for 7778 Kennedy Road.
(7.11)
(Clause 1, Report No. 6, 2007)
(2) Marion Matthias - Addressed Council regarding the Langstaff Land Use Study and expressed concerns. (10.8)
(3) James Wong, Canadian
Asian Business Information Network - Addressed Council regarding Celebrate
Markham Grants for the Chinese New Year Celebration. (7.6)
(Clause 3, Report No. 7, 2007)
(4) Rudy Buczolits, Ruland Properties Inc. - Addressed Council regarding the site plan approval for Times Investments Limited, South Town Centre Boulevard and Clegg Road. (10.0) (Other Business 1)
4(a) REPORT NO.
6 - GENERAL COMMITTEE
Council consented to separate Clauses (1) and (7).
Moved by Councillor D. Horchik
Seconded by Councillor L. Kanapathi
That Report No. 6 - General Committee (January 22, 2007) be received and adopted.
(1) 1375504 ONTARIO INC. CREDIT REQUEST
AT 7778 KENNEDY
ROAD (7.11)
Letter Attachment Presentation Report
That the
deputation of Mr. Gerry Mintz, Calearth International Development Inc. be
received;
And that the
presentation of the Manager, Development Finance be
received;
And that the report titled “1375504 Ontario Inc. Development Charges Credit Request at 7778 Kennedy Road” be received;
And that Council not provide a development charge credit or exemption to 1375504 Ontario Inc;
And that Council not provide a refund to 1375504 Ontario Inc. for lot levies paid pursuant to the Site Plan Control Agreement dated October 22, 1991 between the Town of Markham and 777333 Ontario Limited.
DEFERRED
(Councillor A. Chiu abstained)
(See following motion to defer)
Moved by Deputy Mayor J. Jones
Seconded by Councillor L. Kanapathi
That Clause (1) be deferred to a future General Committee meeting for consideration.
CARRIED
(2) PURCHASE OF SPONSORSHIP – YORK REGION
ABUSE PROGRAM 10TH
ANNUAL CHILDREN’S
CHAMPION GALA -
FEBRUARY 17, 2007 (12.2.6)
That Council purchases a full page ad for $500.00 sponsoring the York Region Abuse Program’s 10th Annual Children’s Champion Gala on Saturday, February 17, 2007.
The event will be at the Venetian Banquet & Hospitality Centre Concord. Tickets will be purchased for Councillors wishing to attend, not to exceed support of $3000. The cost to be charged to account 8408415840.
CARRIED
(3) PURCHASE OF SPONSORSHIP –YEE HONG
DRAGON BALL FEBRUARY
17, 2007 (12.2.6)
That Council receives the invitation from Yee Hong Community Wellness Foundation and purchase tickets for Councillors wishing to attend the Yee Hong Dragon Ball at the Metro Toronto Convention Centre on February 17, 2007. Tickets will be purchased for Councillors wishing to attend, not to exceed support of $3000. The cost to be charged to account 8408415840.
CARRIED
(4) INCENTIVE PROGRAM - EXTENDED
DRIVEWAY BY-LAW
(10.5)
That the incentive program outlined in the report entitled “Incentive Program – Extended Driveway By-law” be approved;
And that Staff be authorized and directed to do all things necessary to give effect to this resolution;
And
that staff be requested to amend the brochure, as discussed this date, and
bring both the amended brochure and the draft website document back to
Committee for approval.
CARRIED
(5) EAST VALHALLA DRIVE – PROPOSED
STOPPING PROHIBITION (5.12)
That the report entitled “East Valhalla Drive – Proposed Stopping Prohibition” be received;
And that parking by-law 2005-188, Schedule “E”, entitled “No Stopping Zones” be amended by adding the west side of East Valhalla Drive, in its entirety;
And that the Parking Control Department be directed to enforce the parking restrictions upon installation of the signs.
(By-law 2007-22)
CARRIED
(6) BIRCHMOUNT ROAD EXTENSION – 14TH
AVENUE
TO ENTERPRISE DRIVE
– PROJECT UPDATE (5.10)
That the report dated January
22, 2007, entitled “Birchmount
Road Extension 14th Avenue to Enterprise Drive – Project Update” be received;
And that staff be authorized to
proceed with the tendering of the first phase of the Birchmount Road extension
from Enterprise Drive south to the CN rail line,
And that staff be authorized to continue negotiations with CN Rail to reach an Agreement regarding the Town constructing the railway grade separation and related works.
And that in the event that staff are unable to reach an agreement with CN Rail by February 28, 2007 regarding the Town constructing the railway grade separation, staff be authorized to apply to the Canadian Transportation Agency for approval for the Town to proceed with the tendering and construction of the railway grade separation
And that staff be authorized to retain outside legal counsel if required to assist in the application to the Canadian Transportation Agency in an amount not to exceed $50,000 exclusive of GST ($53,500 inclusive of GST);
And that staff be authorized to extend the contract with Totten Sims Hubicki to revise the design drawings and tender specifications to accommodate the phased construction of the Birchmount Road extension in an amount not to exceed $60,000 exclusive of GST ($64,200 inclusive of GST) in accordance with Purchasing By-Law 2004-341, Part II, Section 7 (1) (c) which states “when the extension of an existing contract would prove more cost-effective or beneficial”;
And that the legal and additional consulting costs be financed from the Engineering Department Capital Budget (Account #83-5399-3748-005).
And that staff be authorized and directed to do all things necessary, including the execution of documents, to give effect to the above.
CARRIED
(7) 5TH ANNUAL GTA TRANSPORTATION
SUMMIT
“REAL SOLUTIONS FOR RELIEVING
CONGESTION”
MARCH 7-8, 2007 (11.12)
That Council
approve the attendance of Mayor F. Scarpitti, Regional Councillor T. Wong, and
Regional Councillor G. Landon at the 5th Annual GTA Transportation
Summit on March 7-8, 2007 in Toronto;
And that such Members not include those attending on behalf of
the Region of York;
And that expenses not be charged to their individual
budgets.
CARRIED AS AMENDED
(See following motion to amend)
Moved by Regional Councillor J. Heath
Seconded by Councillor A. Chiu
That Clause (7) be amended to specify Mayor F. Scarpitti, Regional Councillor T. Wong, and Regional Councillor G. Landon will attend the 5th Annual GTA Transportation Summit.
CARRIED
(8) 2007 TRANS-INDIAN OCEAN ROW – IN SUPPORT
OF THE
CHILDREN’S WISH
FOUNDATION OF CANADA
REQUEST FOR SPONSORSHIP OF
EXPEDITION (12.2.6)
That the
letter dated January 2, 2007 and material from Glenn Edwards requesting the
Town to become a sponsor of the 2007 Trans-Indian Ocean Row in support of the
Children’s Wish Foundation; be received;
And that Mr.
Edward’s expedition be supported in the amount of
$4,000, such funds to come out of the Promotions Budget.
CARRIED
4(b) REPORT NO.
7 - GENERAL COMMITTEE
Council consented to separate
Clauses (3) and (6).
Moved by Councillor D. Horchik
Seconded by Councillor C. Moretti
That Report No. 7 - General Committee (February 5, 2007) be received and adopted.
(1) RESIGNATION AND APPOINTMENTS TO ADVISORY
COMMITTEES (16.24)
That the following appointments be confirmed:
Unionville
BIA Board of Directors
Greg McCormick, Chair For term ending November 30, 2010
Lori Lievonen For term ending November 30, 2010
Suzanne Bouchard For term ending November 30, 2010
Sarah Iles For term ending November 30, 2010
Tracy MacKinnon, Secretary For term ending November 30, 2010
Markham Village BIA Board of Directors
Paul Ewald For term ending November 30, 2010
Paul Cicchini For term ending November 30, 2010
Brian Price For term ending November 30, 2010
Phil Howes For term ending November 30, 2010
William Pialagitis, Chair For term ending November 30, 2010
Roger Clement For term ending November 30, 2010
Roger Carlsen For term ending November 30, 2010
Brad Hainschwang For term ending November 30, 2010
Michelle Sukul-Chan, Manager For term ending November 30, 2010
Markham
Mobility Foundation Appointments
Bob Sherwood For term ending June 20, 2007
Jean-Anne Dodge, Acting Chair For term ending June 20, 2007
Enzo Morini, For term ending June 20, 2007
Bonnie Leonard, Secretary For term ending June 20, 2007
Carole Bell For term ending June 20, 2007
Ralph Davidson For term ending June 20, 2007
Rick Dominico For term ending June 20, 2007
Don Gordon For term ending June 20, 2007
Thomas S. (Tom) Gove For term ending June 20, 2007
Gary Kay For term ending June 20, 2007
Paul Kay For term ending June 20, 2007
James Li For term ending June 20, 2007
Bob Mansour For term ending June 20, 2007
Tony Masongsong For term ending June 20, 2007
Bill O’Donnell For term ending June 20, 2007
Glenn Reid For term ending June 20, 2007
Amin Tejani For
term ending June 20, 2007
Cedar
Grove Community Centre Board
Paul Reesor, Chairman For term ending December 30, 2007
Rick Lapp For term ending December 30, 2007
Murray Reesor For term ending December 30, 2007
Bob Lapp For term ending December 30, 2007
Graeme Weston For term ending December 30, 2007
Debbie Lapp For term ending December 30, 2007
Markham
Cemetery Board
John Byer For term ending November 30, 2010
Lorne Smith For term ending November 30, 2010
Bruce Vanderbent For term ending November 30, 2010
Main Street Markham Committee
Shahid
Mahmood
And that the resignation of Ms. Judi McIntyre from the Main Street Markham Committee be accepted with regret and a letter of appreciation be forwarded.
CARRIED
(2) 2007
CAPITAL AND OTHER PROGRAMS BUDGET
PRE-APPROVAL (7.4, 7.5)
That the report dated February 5, 2007
entitled “2007 Capital and Other Programs Budget Pre-Approval” be received;
And that the projects and amounts listed in
Appendix A be approved in advance of Council approval
of the overall 2007 Budget;
And that Staff be authorized and directed to
do all things necessary to give effect to this resolution.
CARRIED
(3) APPROVAL
OF CELEBRATE MARKHAM GRANTS
FOR THE FIRST QUARTER OF 2007 (7.6)
That the report entitled “Approval of Celebrate Markham Grants for the First Quarter of 2007” be received;
And
that $8,500 of the 2007 Celebrate Markham grants budget be
allocated to the following events:
Black History Month $1,000
Chinese New Year Celebration $7,500;
And
that the $8,500 be funded from the Celebrate Markham
account 220-220-7802;
And
further 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 Regional Councillor J. Heath
Seconded by Councillor A. Chiu
That Clause (3) be amended to increase the amount for the Chinese New Year Celebration to $7,500.
CARRIED
(4) 2007 TABLE SPONSORSHIP APPROVAL (7.4, 7.9)
That the report dated February 5, 2007 entitled “2007 Table Sponsorship Approval” be received;
That the re-occurring annual table sponsorships outlined in Table A of the report be approved in the upset limit amount of $3,000 per organization per year;
That the table sponsorships be funded from the account 840-841-5840;
And that staff be authorized and directed to do all things necessary to give effect to this resolution.
CARRIED
(5) ENVIRONMENTAL MANAGEMENT PLAN
IMPLEMENTATION (5.7)
That the staff report entitled “Environmental Management Plan Implementation” dated February 5, 2007, be received;
And that Markham Council endorse the Partners for Climate Protection Council Resolution to Join as follows:
Whereas the International Panel on Climate Change (IPCC) has observed that global average surface temperature has increased over the 20th Century by about 0.6 degrees Celsius, that snow cover and ice extent have decreased, that global average sea level has risen and ocean heat content has increased;
Whereas the IPCC concludes in its 2001 Third Scientific Assessment that “there is new and stronger evidence that most of the warming observed over the last 50 years is attributable to human activities”;
Whereas the IPCC projects that global average temperature will increase between 1.4 to 5.8 degrees Celsius by 2100 if current trends in greenhouse gas (GHG) emissions continue;
Whereas federal and provincial costs related to extreme weather events in Canada increased from $500 million in 1980-1984 to $5.3 billion in 1995 – 1999, exclusive of municipal costs not yet measured on a national basis;
Whereas greenhouse gases (carbon dioxide, methane, nitrous oxide), released from burning coal, oil and natural gas and from cutting trees and clearing land for agriculture and development, are the primary cause of climate change;
Whereas the Government of Canada ratified the Kyoto Protocol in December 2002, committing Canada to reducing GHG emissions by six per cent below 1990 levels by 2012;
Whereas the Federation of Canadian Municipalities (FCM) and ICLEI – Local Governments for Sustainability have established Partners for Climate Protection (PCP) to provide a forum for municipal governments to share their knowledge and experience with other municipal governments on how to reduce GHG emissions;
Whereas over 130 municipal governments across Canada representing more than 60 per cent of the population have already committed to reducing corporate and community GHG emissions through PCP;
Whereas
PCP participants commit to working
towards reducing GHG emissions in municipal operations and throughout the
community within ten years of joining the PCP initiative, based on the outcome
of Milestone One of the PCP Milestone Framework;
Whereas PCP is based on a five-milestone framework that includes completing GHG and energy use inventories and forecasts for community and corporate sectors, setting a GHG reduction target, developing and implementing a local action plan and monitoring the plan; and
Whereas municipal investments in building retrofits, community energy systems, water conservation, renewable energy technologies, waste reduction, landfill gas capture, fleet management and public transit reduce operating costs, help maintain community services, protect public health and contribute to sustainable community development while cutting GHG emissions contributing to climate change;
Be it resolved that the Town of Markham
communicate to FCM its support for PCP and its interest in participating in
PCP;
Be it further resolved that Town of Markham Council
appoint the following:
a) Councillor Erin Shapero
b) Victoria McGrath, Manager, Environmental Leadership
to oversee implementation of the PCP Milestones and be the points of contact for PCP within the municipality;
And that funding be approved to retain a consultant to undertake Milestone One of the Partners for Climate Protection Milestones to develop a community and corporate greenhouse gas inventory from the Environmental Management Plan account number 077-5399-6245-005, to an upset limit of $20,000;
And that staff report back on progress to date and further recommendations on implementing the EMP;
And that Staff be authorized and directed to do all things necessary to give effect to this resolution.
CARRIED
(6) MARKHAM VILLAGE LIBRARY EXPANSION AND
RENOVATION (3.19, 7.5)
Staff bring forward
a report to an upcoming meeting of the General Committee outlining an updated
schedule for the Markham Village Library expansion and renovation project and
detailing the penalty clauses noted within the original contract;
And that the Mayor
and Clerk be authorized to enter into a temporary lease agreement with Seneca
College for use of 7,200 square feet of office space located on the 8th
Floor of 10 Allstate Parkway, at a lease rate of $0.83 per square foot per
month for the period of March 1, 2007 to January 1, 2008, based on terms
acceptable to the CAO and in a form satisfactory to the Town Solicitor.
CARRIED
4(c) REPORT NO.
8 - DEVELOPMENT SERVICES COMMITTEE
Council consented to separate Clause (3).
Moved by Deputy Mayor J. Jones
Seconded by Councillor A. Chiu
That Report No. 8 - Development Services Committee (February 6, 2007) be receive and adopted.
(1) ELIGIBILITY OF JOHN
KOCH HOUSE, 10044 HIGHWAY 48
FOR RELOCATION TO MARKHAM
HERITAGE ESTATES (16.11.3)
That Council resolve the vacant heritage house known as the “John Koch House” be declared eligible for relocation to Markham Heritage Estates due to its cultural heritage significance as an excellent example of a Pennsylvania-German dwelling with an intact “gross doddy” addition and it precarious state of long-term vacancy and deterioration;
And that Staff be authorized and directed to do all things necessary to give effect to this resolution.
CARRIED
(2) 2006 HERITAGE PROPERTY
TAX REDUCTION PROGRAM (7.3, 16.11)
That By-Law 2003-341 be amended to require applicants to return executed heritage conservation easement agreements for the Heritage Property Tax Rebate Program to the Town by December 15th of the calendar year for which the relief is sought;
And that the deadline for submission of an executed heritage conservation easement agreement for the property owners at 2 David Gohn Circle, 4165 19th Avenue, 114 Main St. North Markham Village, and 206 and 236 Main St. Unionville be extended to February 28, 2007 in respect of relief for the 2006 tax year;
And that Staff be authorized and directed to do all things necessary to give effect to this resolution.
(By-law 2007-23)
CARRIED
(3) SIDEWALK ON JAMES
WALKER COURT (5.0)
That the January 30, 2007, report entitled
“Sidewalk on James Walker Court” be
received;
And that the installation of the sidewalk on
Torrence Road and James Walker Court
not be approved and the cash in lieu value be
deposited into the Street Services Reserve Account #083-2800-132;
And that Mr. Joseph Cornacchia of Caliber
Homes, Mr. Phillip Fung, as representative of the residents of
CARRIED AS AMENDED
(See following motion to amend)
Moved by Regional
Councillor J. Heath
Seconded by Councillor
J. Webster
That Clause (3) be amended to delete the words "…for future sidewalk installation should residents request such or
safety conditions warrant or
used to construct an alternative sidewalk on Main St" in paragraph 2.
CARRIED
4(d) REPORT NO. 9 - REPORT OF TOWN CLERK
Moved
by Councillor A. Chiu
Seconded
by Deputy Mayor J. Jones
That
Report No. 9 - Report of the Town Clerk be received and adopted.
(1) 2007
COUNCILLOR APPOINTMENTS TO SUB-COMMITTEES
STATUTORY COMMITTEES, ADVISORY
COMMITTEES
AND OUTSIDE ORGANIZATIONS (16.24)
1. That Ward 2 Councillor Shapero be appointed to the Markham Race Relations Committee for a term ending November 30, 2008.
2. That Regional Councillor Heath be
appointed to the Duffins Carruthers Watershed Resource Group for a term ending November
30, 2008, and that Ward 2 Councillor Shapero be appointed as the alternate.
3. That the following appointments to the
School Board Liaison Committee for a term ending November 30, 2008 be approved:
Regional Councillor Heath
Ward 8 Councillor Chiu
Carol Cotton (York Catholic District School
Board)
Marlene Mogado (York Catholic District School
Board alternate)
4. That the Chair of the Transportation be
appointed to the Smart Commute 404-7 Program Committee for a term ending
November 30, 2008, and that the Chair of the Economic Development Committee be
the alternate.
5. That the composition of the following
committees be amended to reduce the elected appointees by one:
Communications Committee
Pomona Mills Creek (
Susie Garden Awards Committee
Heintzman House Community Centre Board
6. That Council not appoint a representative
to the Town’s Little Children Daycare Committee at this time;
And that staff convey, on behalf of Council,
its strong interest in children and its pleasure in having a day care centre in
the Town of
7. That the following Members of Council be
appointed to The Leaders Committee for a term ending November 30, 2008:
Mayor Scarpitti
Regional Councillor Wong
Ward 3 Councillor Virgilio
CARRIED
4(e) REPORT NO.
10 - GENERAL COMMITTEE
Council consented to add Clause (1) and (2).
Moved by Councillor A. Chiu
Seconded by Regional Councillor J. Heath
That Report No. 10 - General Committee (February 12, 2007) be received and adopted.
(1) LICENSING
HEARING FOR A DRIVER TO
OPERATE A TAXICAB (06-1)
(2.23)
That a driver’s application to operate a taxicab in the
Town of Markham be refused pursuant to sections 2.13 (2), (3) and (4) of By-law
2002-308 due to the applicant’s prior conduct including, but not limited to,
picking up fares outside the Town of Markham and operating without a licence;
And that pursuant to section 25(1) of the Statutory Powers Procedure Act, this decision not be stayed by any appeal of this decision that may be instituted in the courts.
CARRIED
(2) HERITAGE CANADA GRANT APPLICATION (7.6)
That Ms.
Olivia Bella, Event Management & Outdoor Sport Co-ordinator, Town of
CARRIED
5. MOTIONS
Council
consented to add motions (1) and (2).
(1) CANADA DAY COMMITTEE APPOINTMENTS
(16.24)
Moved by Councillor C. Moretti
Seconded by Councillor A. Chiu
That the following persons be appointed to
the Canada Day Committee for the term expiring November 30, 2007:
James Bush
Jeanne Bowman
Everest D'Souza
Sam Sahoy
Antonette DiNovo
Shahid Mahmood
Mitch Reiss
CARRIED
(2) LANGSTAFF LAND USE STUDY (10.8)
Moved by Councillor D. Horchik
Seconded by Councillor V. Burke
That the delegation by Marion Matthias, with concerns, regarding the Langstaff Land Use Study be received.
CARRIED
6. NOTICE OF MOTIONS
(1) LANGSTAFF URBAN CENTRE GATEWAY (10.0)
Moved by Deputy Mayor J. Jones
Seconded by Councillor V. Burke
Whereas it has been the desire of the Town of Markham for decades to see the Langstaff planning area redevelop from a mixed use suburban residential and industrial area with significant open space uses on partial municipal services to a High End Urban Centre; and
Whereas the Province of Ontario has in the past five years through the Central Ontario Smart Growth Panel report “Shape the Future”and the current Growth Plan for the Greater Golden Horseshoe designated the Langstaff planning area as the Richmond Hill/Langstaff Gateway along with the Markham Centre, the Newmarket Centre and the Vaughan Corporate Centre making up the four Urban Growth Centres in York Region; and
Whereas Urban Growth Centres are - “to accommodate and support major transit infrastructure” and “to serve as high density major employment centres that will attract provincially, nationally or international significant employment uses’ and “to accommodate a significant share of population and employment growth; and
Whereas the
Region of York has implemented its Centres and Corridors Strategy through the
approval of Regional Official Plan Amendment 43, and the Langstaff areas is
considered in the higher order areas in OPA 43; and
Whereas the
Region of York in 2001 requested that the Toronto Transit Commission to
consider a subway up Yonge Street from Finch to the Richmond Hill/Langstaff
Gateway; and
Whereas the
response from TTC was that more intense development at subway stops was
required i.e. 20,000 residents and jobs in the area of the stop; and
Whereas the Langstaff planning area is currently well served by transit infrastructure, such as Viva service on Yonge and Highway 7, York Region Transit, GO service on Yonge, the GO train, a planned transit system in the 407 area, and a potential subway to Yonge and Highway 7; and
Whereas the Growth Plan for the Greater Golden Horseshoe requires that Major Transit Station Areas will be planned to achieve increased residential and employment densities that support and ensure the viability of existing and planned transit service levels; a mix of residential, office, institutional, and commercial development wherever appropriate; and be designed to provide access from various transportation modes to the transit facility, including consideration of pedestrians, bicycle parking and commuter pickup/drop-off areas; and
Whereas York region initiated Viva rapid transit to deliver high level service to the residents of Markham; and
Whereas Markham is in full support of transit supportable development in both the Markham Town centre and the Richmond Hill/Langstaff Gateway; and
Whereas Viva carried out an Environmental Assessment for the Yonge Street and HWY 7 BRT/LRT Routes and discounted a subway on Yonge Street that would have “the only practical method” to meet passenger demands in the area from Highway 7 to Finch (section E.3.4); and
Whereas the Town has taken legal actions against landowners in the Langstaff planning area to enforce its by-laws prohibiting the outdoor storage of vehicles; and
Whereas Markham have now received applications which cover the whole of the Langstaff lands; and
Whereas these applications are in keeping with the long term desire of Markham Council and will assist it in meeting the density targets required by Places to Grow and minimize the need to expand settlements areas into Greenfields; and
Whereas the
Regional Chair in his inaugural address to Regional Council indicated that he
wishes the Region to “…begin work on the subway expansion on Yonge Street”; and
Whereas the Region of York have formed a Subway/Transit Committee to examine the feasibility of a subway extension from Finch Ave to the Langstaff/Richmond Hill Gateway; and
Whereas the Viva Environmental Assessment identified the Langstaff site as one of the options for maintenance facilities for its buses and if LRT is implemented a possible location for their maintenance as well; and
Whereas the Viva proposed use of the Langstaff site would include open storage of buses, a body shop, paint shop, the storage of hazardous goods in the vicinity of Pamona Mills Creek and the noise associated with a 24 hour operation; and
Whereas these uses are completely inappropriate for a site with this visibility and potential to meet many of the planning goals of Markham, York Region and the Province;
Be it therefore resolved that:
1. The Region of York be requested to find an alternate location that is more appropriate for the Operations-Maintenance and Storage facility currently proposed for the Langstaff site; and that
2. The Region of York be requested to work with the Town of Markham to develop transit integration for the Langstaff site that would allow the site to be developed as a prestige commercial, residential and mixed use site with a goal of at least a 50% modal split; and that
3. That the Minister of Public Infrastructure Renewal, the Greater Toronto Transportation Authority, the Region of York, the City of Vaughan, the Town of Richmond Hill, and the Toronto Transit Commission be provided with a copy of this resolution and the proposed Master Plan for the Langstaff planning area.
7. COMMUNICATIONS
Council consented to add Communications 10-2007.
Moved by Councillor A. Chiu
Seconded by Councillor C. Moretti
That Council
receive and consent to the disposition of communications in the following
manner:
Referred to all Members of
Council
6-2007 Susan
Rogers, Townsend Rogers LLP, on behalf of 1375504 Ontario Inc. (Calearth
International Development Inc.) - Forwarding information to request the
deferral of the matter relating to the refund of development charges for 7778
Kennedy Road. (7.11)
(Clause 1, Report No. 6, 2007)
7-2007 Liquor Licence Application - Request to complete the Alcohol and Gaming Commission Municipal Information Form for Congee Queen, 2930 Steeles Avenue East (indoor and outdoor) (3.21)
Referred to Commissioner of Development
Services and Town Solicitor
8-2007 Ontario
Municipal Board - Forwarding Decisions to approve the appeals submitted by
Unionville Village Investments Inc. regarding the applications for Official Plan Amendment (OP 05 016826) and
Zoning By-law Amendment (ZA 05 016845) to permit additional restaurant floor
space within the Planing Mill Shopping Complex at 139 Main Street, Unionville.
(13.13 & 10.3)
(By-laws 2007-24 (OPA 159) and 2007-25)
9-2007 Ontario Municipal Board - Forwarding a Decision to approve the applications submitted by Tucciarone Family regarding the proposed plan of subdivision and zoning by-law amendments to permit 47 single detached units, 38 semi-detached units and one block that will be combined with lands to the south to create 4 units (By-laws 2006-180 and 2006-181, Part of Lot 25, Concession 3, 19T-95075, south side of Elgin Mills Road, west of Woodbine Avenue, in the Cathedral Secondary Plan Area). (13.13)
Referred to Commissioner of Development
Services
10-2007 Joseph Debono,
Fraser Milner Casgrain - Forwarding revised conditions regarding the site plan
approval for Times Investments Limited, South Town Centre Boulevard and Clegg
Road. (10.0)
(Other Business 1)
CARRIED
8. PROCLAMATION
(1) PROCLAMATIONS (3.4)
Moved by Deputy Mayor J. Jones
Seconded by Councillor A. Chiu
That the
following be proclaimed in the Town of Markham:
- Markham Toastmasters Month - February 26 to March 25, 2007
- Kids Help Phone Week - March 18 to 24, 2007
- Red Cross
Month - March 2007
- Philippine Week - June 10 to 17, 2007;
And that the Corporate Communications Department be requested to publish the above proclamations in the local
newspapers;
And that the Red Cross flag be raised at the Town of Markham Civic Centre flagpole and at the Markham Fire Halls for the duration of Red Cross Month;
And that a Flag-Raising Ceremony for Philippine Week be held at the Markham Civic Centre to jointly raise the Canadian and Philippine flags on Sunday, June 10, 2007 at 11:00 a.m.;
And that the Philippine flag be
raised on the Town of
CARRIED
9. OTHER BUSINESS
Council consented to add Other Business (1).
Moved by Deputy Mayor J. Jones
Seconded by Councillor D. Horchik
That Other Business (1) be received and adopted.
(1) TIMES INVESTMENTS LIMITED – (H) HOLD REMOVAL CONDITIONS (10.0)
That condition (4) contained in the staff report of October 17, 2006 recommending conditional site plan approval for the Times Investments' application at South Town Center Boulevard and Clegg Road, as amended by the November 28, 2006 resolution of Council, be replaced as follows:
"4.) That, the Hold provision (H) on the Times Group Corporation Site (the "Times Site") be lifted upon the Town receiving a certificate from the Trustee confirming that either:
(i) all amounts to be paid by 1619175 Ontario Inc. ("Times"), prior to the execution of the Site Plan Agreement, under the Cost Sharing Agreement, have been paid; or
(ii) the Trustee has received a Letter of Credit from Times securing an amount equal to all amounts to be paid by Times prior to the execution of the Site Plan Agreement, under the Cost Sharing Agreement;
And that the final site plan approval also be conditional upon receipt of a certificate from the Trustee of the Developers Group indicating that Times is in good standing under the Cost Sharing Agreement;
And that Staff be authorized and directed to take the actions set out in the report dated February 13, 2007 from the Town Solicitor and Commissioner of Development Services.
CARRIED
10. BY-LAWS
Moved by Councillor A. Chiu
Seconded by Councillor V. Burke
That By-laws 2007-22
to 2007-29 be given three readings and enacted.
Three Readings
BY-LAW 2007-22 A by-law to amend Parking By-law
2005-188 (East Valhalla Drive stopping prohibition).
(Clause 5, Report No. 6, 2007)
BY-LAW 2007-23 A by-law to amend By-law 2003-341, being a by-law to establish
a program to provide tax reductions or refunds in respect of eligible heritage
properties (Heritage Tax Reduction By-law)
(To require applicants to return executed heritage conservation easement
agreements for the Heritage Property Tax Rebate Program to the Town by December
15 of the calendar year).
(Clause 2, Report No. 8 2007)
BY-LAW 2007-24 A by-law to adopt Official Plan Amendment No. 159 (Unionville Village Investments Inc., 139 Main Street Unionville - To permit additional restaurant floor space within the Planing Mill Shopping Complex). (Ontario Municipal Board Approval) (Communication No. 8-2007)
BY-LAW 2007-25 A by-law to amend Zoning By-law
122-72, as amended (Unionville Village Investments Inc., 139 Main Street
Unionville - To permit additional restaurant floor space within the Planing
Mill Shopping Complex).
(Ontario Municipal Board Approval) (Communication No. 8-2007)
BY-LAW 2007-26 A by-law to amend Municipal Law Enforcement Officers Appointment By-law 2002-178 (To update officers' list).
BY-LAW 2007-27 A by-law to designate part of a certain plan of subdivision not subject to Part Lot Control (Forest Bay Homes Ltd., Lots 33 to 66, Lots 110 to 165, Plan 65M-3928, east of Markham Road and north of Denison Street, Phase 6 of the Villages of Fairtree subdivision).
BY-LAW 2007-28 A by-law to dedicate certain lands as part of the highways of the Town of Markham (Part of Lot 1, Plan 3580, designated as Parts 1 and 3, Plan 65R-28950 - Sunrise Drive; Part of Lot 1, Concession 5, designated as Parts 5 and 7, Plan 65R-28950 - Sunrise Drive; Part of Lot 1, Concession 5, designated as Parts 4 and 8, Plan 65R-28950 - Old Kennedy Road).
BY-LAW 2007-29 A by-law to dedicate certain lands as part of the highways of the Town of Markham (Part of Block 154, Plan 65M-3788, designated as Part 1, Plan 65R-29669 - Tidewater Street).
CARRIED
11. IN-CAMERA ITEMS
Moved by Deputy Mayor J. Jones
Seconded by Councillor A. Chiu
That Council resolve into an in-camera session to consider the following:
(1) WOODBINE
NORTH COMMUNITY PARK CONTRACT
NO. 22-T-05 WITH DDR LANDSCAPE CONTRACTORS LTD. (7.12)
(2) STATUS
REPORT ON NATIONAL RESEARCH COUNCIL (10.16)
(3) MARKHAM
DISTRICT ENERGY/
SYLMATT INVESTMENTS INC.
EXPROPRIATION (8.10)
(4) ONTARIO
MUNICIPAL BOARD APPEALS
BY SPLENDID CHINA SQUARE INC.
(8.7)
CARRIED
Moved by Deputy Mayor J. Jones
Seconded by Councillor A. Chiu
That Council rise and the Chair report.
CARRIED
Mayor F. Scarpitti reported
(1) WOODBINE
NORTH COMMUNITY PARK CONTRACT
NO.
22-T-05 WITH DDR LANDSCAPE CONTRACTORS LTD (10.0)
That the report entitled “Woodbine North Community Park – Contract No. 22-T-05 with DDR Landscape Contractors Ltd.” be received.
(2) STATUS ON NATIONAL RESEARCH COUNCIL (10.16)
That the verbal presentation by Mr. J. Livey, CAO, Town of Markham, regarding the status on National Research Council, be received.
(3) MARKHAM
DISTRICT ENERGY/
SYLMATT INVESTMENTS INC.
EXPROPRIATION (8.10)
That the report entitled “Markham District Energy/Sylmatt Investments Inc. Expropriation – Report of the Inquiry” be received;
And that Staff be authorized and directed to take the actions necessary to give effect to this report.
(4) ONTARIO
MUNICIPAL BOARD APPEALS
BY SPLENDID CHINA SQUARE INC.
(8.7)
That the Town Solicitor be instructed to
attend a Pre-Hearing Conference being held by the Ontario Municipal Board on
And that Staff be authorized and directed to take the actions set out in this report.
Moved by Deputy Mayor J. Jones
Seconded by Councillor A. Chiu
That the report be adopted, approved and confirmed.
CARRIED
12. BY-LAWS - cont'd
Moved by Deputy Mayor J. Jones
Seconded by Councillor L. Kanapathi
That By-laws 2007-30
to 2007-31 be given three readings and enacted.
Three Readings
BY-LAW 2007-30 A by-law to approve the expropriation of a permanent and
temporary easement in land being Part of Lot 9, Concession 5 (formerly Township
of Markham), designated as Parts 3 and 4, on Plan 65R-29253) (Markham District
Energy/Sylmatt Investments Inc.).
(In-camera Item (3))
BY-LAW 2007-31 A by-law to confirm the proceedings of
the Council meeting of February 13, 2007.
(Council Meeting No. 4, 2007)
CARRIED
13. ADJOURNMENT
Moved
by Councillor A. Chiu
Seconded
by Councillor L. Kanapathi
That
CARRIED
Council adjourned at 8:25 p.m.
___________________________________ _____________________________________
SHEILA BIRRELL, TOWN CLERK FRANK SCARPITTI, MAYOR
(Signed)