2007-02-27
COUNCIL MINUTES Council Chamber, Civic Centre
ROLL
CALL
Mayor F. Scarpitti, Deputy Mayor J. Jones, Regional Councillor J. Heath, Regional Councillor T. Wong, Regional Councillor G. Landon, Councillor V. Burke, Councillor E. Shapero (withdrew at 9:45 p.m.), Councillor J. Virgilio, Councillor J. Webster, Councillor D. Horchik, Councillor L. Kanapathi. (11)
REGRETS
Councillor C. Moretti, Councillor A. Chiu. (2)
The Regular
Meeting of Council was held on February 27, 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
None declared.
Moved by Councillor D. Horchik
Seconded by Councillor J. Virgilio
That the Minutes of the Council Meeting held on February 13, 2007, be adopted.
CARRIED
Mayor and Members of Council
extended congratulations and presented awards to the following winners of the
Markham Holiday Lighten-up Contest in 2006:
Best Lit Houses Received a one-year family membership to the Varley Art Gallery and
Markham Museum. |
||
Ward |
Address |
Household |
1 |
4 Rosea Court, Thornhill |
Lindsay |
1 |
46 Stornoway Cres,
Thornhill |
Sebastyan |
1 |
53 Highland Park, Blvd,
Thornhill |
Asensi |
1 |
54 Highland Park Thornhill |
Forrester |
1 |
155 Royal Orchard Blvd
Thornhill |
Stefanik/Welsh |
1 |
168 Royal Orchard
Blvd Thornhill |
Curran |
1 |
67 Romfield Circuit,
Thornhill |
Fleming |
|
|
|
3 |
215 Carlton Road, Unionville |
Connolly |
3 |
130 Main Street,
Unionville |
Roman |
3 |
62 Scriberras Road,
Unionville |
Berezowsky/Armstrong |
|
|
|
4 |
34 Drakefield Road |
Andreou |
|
|
|
5 |
1 Kenilworth Gate, Markham |
Sadacharam |
5 |
13 Chippenham Lane,
Markham |
McCaughin |
5 |
24 Osmand Appleton
Road, Markham |
Alonzo |
5 |
42 Elm Street, Markham |
Saliba/Ciampini |
5 |
50 Sir Galahad Place,
Markham |
Diamantakos |
5 |
97 Reeve Drive, Markham |
Ognibene |
Best Lit Street Representatives of new
street winner (Chippenham Lane) received permanent commemorative street signs
to be installed by Town Staff.
Representatives of Shady Lane Crescent and Couperthwaite Crescent
received Certificates of Appreciation for being continuous winners. |
||
Ward |
Street |
Street Representative |
1 |
Shady Lane Cres, Thornhill |
All |
3 |
Couperthwaite Cres.,
Markham |
All |
5 |
Chippenham Lane, Markham |
All |
Special Presentation Council acknowledged and thanked Mr. Craig Riley of Markville Ford and Mr. Vince Tortorici of Longo's Fruit Marktes for their generous and continuous support for the Unionville Seniors Light Tour. |
Moved by Deputy Mayor J. Jones
Seconded by Councillor J.
Virgilio
That Council resolve into an
in-camera session to discuss a confidential legal matter in the York Room.
CARRIED
Moved by Councillor D.
Horchik
Seconded by Councillor J.
Webster
That Council rise without
reporting and re-convene the regular meeting.
CARRIED
Council directed the Delegates for the Langstaff Urban Centre Gateway matter to contact the Region with respect to making a delegation before the York Region Subway/Transit Committee.
Council consented to add Delegations (2) to (7).
Moved by Councillor J. Virgilio
Seconded by Councillor L. Kanapathi
That Report No. 11 - General Committee (February 12, 2007) be received and adopted.
Whereas on March 23rd, 2005, by resolution in March 2005,
York Regional Council requested that the Attorney General immediately appoint
11 new Justices of the Peace for the Central East Region;
And Whereas despite the March 23rd resolution, York Region
did not receive any of the additional nine Justices of the Peace appointed in
2006;
And Whereas now in 2007 because of the growth in the Region and
retirements, the number of new Justices of the Peace required for York Central
Region is 14;
And Whereas the possibility of the Justice of the Peace not being
present is leading to more individuals choosing to go to court in hopes of
avoiding a conviction;
And Whereas the Town of
And Whereas the courts were closed 60 days in 2006 due to Justices’
holidays, courses and sick time which resulted in the inability to process an
additional 120 parking tickets issued due to no available court time,
representing approximately 240 staff resource hours;
Now Therefore, be it resolved that Markham Council strongly urge the
Attorney General to re-consider York Regional Council’s earlier request for the
appointment of additional Justices of the Peace to service Central East Region
and immediately appoint an additional 14 Justices of the Peace.
CARRIED
Moved by Councillor J. Virgilio
Seconded by Councillor L. Kanapathi
That Report No. 12 - General Committee (February 19, 2007) be received and adopted.
That the
following persons be appointed to the Property Standards Committee for the term
ending November 30, 2010:
Wafik Abadir
Chip Au
Yash Kapur
Ken Murphy
Pino Tiberio
CARRIED
That the report entitled “Architectural/Engineering Services Markham Museum Ward Building Reconstruction” be received;
And that the Request for Proposal 120-R-06 Architectural/Engineering Services for the Markham Museum Ward Building Reconstruction project be awarded to the highest ranked, lowest priced bidder, the Ventin Group (Toronto) Ltd. Architects, at an estimated cost of $215,000.00, inclusive of disbursements and exclusive of contingency and 6% GST;
And that staff award only the completion of the schematic design, cost not to exceed $40,000, until the Federal Cultural Spaces grant is approved;
And
that an allowance of $30,000 for other applicable fees be included in the
project budget and be expended in accordance with Purchasing By-Law 2004-341;
And
that the award be funded from the Community and Fire Services Capital Account
#073 61507004 005 Markham Museum Ward Building Replacement Design in the amount
of $325,000;
And
that upon payment of all invoices, the remaining balance will be allocated to
the construction budget of the project;
And
that Staff be authorized and directed to do all things necessary to give effect
to this resolution;
And that the Mayor and the Clerk be authorized to execute an architect’s agreement, if required, in a form satisfactory to the Town Solicitor.
CARRIED
Council consented to separate Clause (5).
Moved by Deputy Mayor J. Jones
Seconded by Councillor J. Webster
That Report No. 13 - Development Services
Committee (February 20, 2007) be received and adopted.
That
correspondence dated February 13, 2007 from Neil Rogers of the Greater Toronto
Home Builders Association – Urban Development Institute, with comments on the
Markham Small Streams Study, be received;
And that the staff report entitled “Small Streams Study - Final Report”, dated February 20, 2007, be received;
And that the Markham Small Streams Study recommendations and guidelines for the protection and management of small stream features be endorsed in principle;
And that the Small Streams Study classification process and management recommendations be incorporated into the Official Plan and technical engineering manuals and documents as they are updated;
And that staff report back to Council, regarding budget requirements
and implementation of a Landowner Education and Stewardship Program for the
protection of small stream features;
And that the Environmental Policy Review and Consolidation Study and
future Official Plan Amendment, include an inventory of small stream features
within the rural area;
And that Transport Canada and Ontario Realty Corporation be engaged to
review opportunities for implementation of the Small Streams Study guidelines
on Federal and Provincial lands identified as Federal Green Space or
Provincially-owned Greenbelt;
And that staff commence review of the Site Alteration By-Law to provide interim protection of small streams features outside the Town’s current urban boundary and report back to Council in late 2007;
And that the Town request the Don Watershed Council and Rouge Park Alliance to consider utilization of the Town’s yearly restoration grants for projects involving the enhancement of small stream features in the urban area;
And that the Toronto and Region Conservation Authority, Ministry of the Environment, Region of York Rouge Park Alliance and Don Watershed Council also be provided a copy of the report;
And further that staff be authorized and directed to do all things necessary to give effect to this resolution.
CARRIED
That correspondence dated February 19, 2007, from Toinette Bezant of the Bayview Glen Residents Association, requesting Council’s support with respect to the Region’s Environmental Assessment for Bayview Avenue, be received and referred to staff;
And that the
report entitled “Markham Erosion Restoration Implementation Plan, Class
Environmental Assessment,” dated February 20, 2007, be received;
And that the
recommended restoration implementation plan to address the erosion along
And that Engineering
Department staff be authorized to file the Environmental Study for the 30 day
public review commencing
And that the
guidelines to restore erosion sites within private property as set out in this
report be endorsed;
And that staff
report back to Council as to the funding for remediation of erosion sites on
private property on a site by site basis;
And that staff
be authorized and directed to do all things necessary to give effect to this
resolution.
CARRIED
That the Federal Minister of Transportation be advised that the preservation of heritage resources is a key strategic objective of the Town of Markham in achieving a quality community;
And that the Town of Markham appreciates earlier Federal initiatives to
encourage dialogue with local municipalities regarding the future of heritage
resources within the Pickering Lands Site and the cultural heritage objectives
of their draft Green Space Master Plan;
And that Council is therefore very concerned that the current approach
of Transport Canada, to demolish a number of
And that Council is further concerned that the current Transport
And that the Town of Markham respectfully requests that no demolitions
of any heritage buildings on the portion of the Federal Pickering Airport Lands
Site within the boundaries of the Town of Markham, including the buildings
located at 9664 York Durham Line, 10472 Reesor Road and 10987 Ninth Line, occur
at this time, and that strategies for short term and long term preservation of
significant heritage buildings be finalized as per the Office of the Ministry
of Transport letter of July 2005;
And that Council direct Town staff to continue to work with Transport
And that Transport Canada be requested to re-convene the Transport Canada Heritage Steering Committee to complete its mandate to develop a Heritage Strategy for building deemed locally significant;
And
that Transport Canada again be requested to consider as part of the strategy
deliberations, privatization of the heritage buildings from government and
agency-owned to privately-owned, as described in previous resolutions of the
Town of Markham;
And
that a meeting be requested with Federal
Minister of Transportation, the Honourable Lawrence Cannon, and the
Federal Minister of Finance, the Honourable Jim Flaherty;
And
that copies of this report and resolution be forwarded to MP’s and MPP’s
representing lands within the Pickering Airport Site, and to the Region of York,
Region of Durham, City of
And that Staff be authorized and directed to do all things necessary to give effect to this resolution.
CARRIED
That the deputation and written submission from John O’Gorman of 29 Grandview Avenue, with comments regarding the Economic Development Strategy, be received;
And that the report entitled “Competitiveness Strategy, Phase One Report” be received;
And that Staff be authorized and directed to take the actions set out in this report;
And
Council approve the expenditure of $26,000.00 for Phase Two (Community
Consultation Event) of the Competitiveness Strategy study to be funded from the
Markham Competitiveness Strategy capital account #86-5399-6776-005;
And that Staff be authorized and directed to do all things necessary to give effect to this resolution.
CARRIED
That overnight accommodation be provided for Regional Councillor G. Landon for two events: the Canadian Urban Institute Seminar, and GTA Transportation Summit, for medical reasons.
CARRIED
Moved by Deputy Mayor J. Jones
Seconded by Councillor J. Webster
That Report No. 14 - Development Services Public Meeting (February 20,
2007) be received and adopted.
That the Development
Services Commission report dates December 12, 2006 entitled “Preliminary
Report, 2097358 Ontario Inc. Official Plan and Zoning By-law amendment
applications to permit a retirement home, permit office uses in an existing
historical dwelling, and to recognize an existing private Montessori school at
7781 Kennedy Road (Files OP 06132013 and ZA 06131954)", be received;
And that the record of the
Public Meeting held on February 20, 2007 with respect to the proposed Official
Plan and Zoning By-law amendments be received;
And that the Official Plan
Amendment application (OP 06 132013) submitted by 2097358 Ontario Inc. be
approved and an Official Plan Amendment be finalized and adopted;
And that the Zoning By-law
Amendment application (ZA 06 131954) submitted by 2097358 Ontario Inc. to amend
Zoning By-law 193-81, as amended, be enacted without further notice.
CARRIED
Council consented to add Motions (2) and (3).
Moved by Regional Councillor J. Heath
Seconded by Regional Councillor T. Wong
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;
Therefore be it resolved that the Region of York Subway/Transit Committee be requested to review, consider and report back on an alternate location that is more appropriate for the Operations-Maintenance and Storage facility currently proposed for the Langstaff site;
And that the Region of York be requested to not proceed with any expropriation of lands relative to this issue during review process.
CARRIED AS AMENDED
(See following motion to amend)
(See following motion which was withdrawn)
Moved by Regional Councillor G. Landon
Seconded by Deputy Mayor J. Jones
That the motion of Regional Councillor J. Heath and Regional Councillor T. Wong be amended to add the following:
"And that the Region of York be requested to not proceed with any expropriation of lands relative to this issue during review process."
CARRIED
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.
WITHDRAWN
Moved by Regional Councillor T. Wong
Seconded by Councillor L. Kanapathi
That the
following persons be appointed to the Markham Theatre Advisory Board for
a term to expire November 30, 2009:
- Neil
Fernandez
- Pat Kincaid
- Brian Harvey
- Dennis Cline
- Bernard
Yeung;
And that the
following persons be appointed to the Markham Race Relations Committee
for a term to expire as noted:
- Aisha Manji
(November 30, 2008)
- Shamira
Madhany (November 30, 2009)
- Gordon To
(November 30, 2010).
CARRIED
Moved by Councillor J. Virgilio
Seconded by Councillor V. Burke
That the
following persons be appointed to the Heritage Markham Committee for a
term to expire November 30, 2009:
- Denise
Sabatini-Fuina (Unionville)
- Deirdre
Kavanagh (Markham Village)
- Susan
Casella (Unionville/Rural)
- James
Makaruk (Thornhill)
CARRIED
Council consented to add Communications 13-2007 to 15-2007.
Moved by Regional Councillor T. Wong
Seconded by Councillor L. Kanapathi
That Council
receive and consent to the disposition of communications in the following
manner:
CARRIED
Council consented to add By-law 2007-36.
Moved by Councillor J. Virgilio
Seconded by Councillor D. Horchik
That By-laws 2007-32
to 2007-34 and 2007-36 be given three readings and enacted.
CARRIED
Council consented to add Clauses (2) and (3).
Moved by Deputy Mayor J. Jones
Seconded by Councillor D. Horchik
That Council resolve into an in-camera session to consider the following:
(1) LEGAL MATTER REGARDING
BERCZY VILLAGE AND
GREENSBOROUGH COMMUNITY
PARK AND SURROUNDING AREAS
(8.0)
(2) CENTENNIAL COMMUNITY CENTRE ADDITION
AND RENOVATION CONTRACT NUMBER
055-T-05 (3.0)
(3) LAND ACQUISITION (8.10)
CARRIED
Moved by Deputy Mayor J. Jones
Seconded by Councillor J. Virgilio
That Council rise and the Chair report.
CARRIED
Mayor F.
Scarpitti reported
That
Council authorize staff to provide information to, and commence discussions
with, the affected parties regarding the results of the report prepared by
Morrison Hershfield Limited
("MH")
and to request the parties to take steps voluntarily to resolve the issues with
the Cultured Stone® product (the "Product"),
And
that, if voluntary repairs are not undertaken, Council further authorize staff
to give direction to the various affected developers to remove the Product and
replace it with a replacement product on the features indicated by the Town and
to its satisfaction, failing which the Town shall draw any securities posted by
the developers and shall do the replacement work itself, on an "as
required" basis;
And
that Council authorize staff to prepare and install signage forthwith and
proximate to features, on an "as required" basis, to warn of the
falling hazard presented by the Product and to caution against the climbing of
such features;
And
that Corporate Communications prepare an accurate and informative statement
with respect to this matter for use by Council and staff when dealing with the
various parties and/or members of the public;
And
that staff be authorized to do all such acts and to take all such steps as are
necessary to give effect to this resolution.
And that Staff proceed as directed on this matter.
That the confidential report regarding a land acquisition matter be received;
And that Staff be authorized and directed to take the actions necessary to give effect to this report.
_________________
Councillor E. Shapero withdrew at 9:45 p.m.
________________
Moved by Regional Councillor T. Wong
Seconded by Councillor J. Webster
That the report be adopted, approved and confirmed.
CARRIED
Moved by Councillor D. Horchik
Seconded by Councillor J. Virgilio
That By-law
2007-35 be given three readings and enacted.
CARRIED
Moved
by Councillor D. Horchik
Seconded
by Councillor L. Kanapathi
That
CARRIED
Council adjourned at 10:31 p.m.
___________________________________ _____________________________________
SHEILA BIRRELL, TOWN CLERK FRANK SCARPITTI, MAYOR
(Signed)