2007-03-27
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, Councillor J. Virgilio, Councillor C. Moretti, Councillor J. Webster, Councillor D. Horchik, Councillor L. Kanapathi, Councillor A. Chiu. (13)
The Regular
Meeting of Council was held on March 27, 2007 at 7:00 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 A. Chiu
Seconded by Deputy Mayor J. Jones
That the Minutes of the Council Meeting held on February 27, 2007, be adopted.
CARRIED
Council consented to add Delegations (1) to (4).
(Other Business 4)
Moved by Councillor J. Virgilio
Seconded by Councillor D. Horchik
That Report No. 15 - General Committee (February 26, 2007) be received and adopted.
That the report titled “Spring and Year Round Load Restrictions for the Town of
Markham’s Road Network” be received;
And that the gross weight of
commercial vehicles be restricted to 5 tonnes per axle on all public highways
under the jurisdiction of the Town of Markham, from March 1, 2007 to April 30,
2007, according to the attached by-law “Appendix A ”;
And that should adverse spring
thaw conditions be encountered due to a harsh winter, at the discretion of the
Director of Operations, the load restrictions be extended up to May 31, 2007
(up to four weeks);
And that the gross vehicle
weight of commercial vehicles be restricted to 5 tonnes per axle for the hard
surfaced Town roads listed in Appendix ‘B’, from March 1, 2007 to February 28,
2008, according to the attached by-law “Appendix B”;
And that according to the
Highway Traffic Act Sec. 122(4) the restrictions would exempt vehicles operated
by or on behalf of the municipality and school busses;
And that the Director of
Operations be authorized to grant exemptions to the By-law
to permit heavy vehicular loads, at his discretion;
And that Staff be authorized and directed to
do all things necessary to give effect to this resolution.
(By-laws 2007-37 and 2007-38)
CARRIED
That the staff report dated February 5, 2007,
entitled “Dog Off-Leash Terms of Reference Report” be received;
And that Council adopt the “Leash Free
Markham Committee Terms of Reference 2007” attached as Appendix “A” which is
based on the Council approved “Town of Markham Parks Department Guidelines for
Permanent Dog off-Leash Areas”;
And that the Leash Free Markham Committee
Terms of Reference 2007 be used to govern the Leash
Free Markham Committee and the operation of Dog Off-Leash Areas;
And that ex-Councillor S. Daurio, Town staff,
Council and local residents be thanked for their commitment to this project;
And that Staff be authorized and directed to
do all things necessary to give effect to this resolution.
CARRIED
That the report entitled “Traffic Control
Signals – Proposed By-Law Amendments” be received;
And that the attached by-law to amend
Schedule 19 of Traffic By-law 106-71, pertaining to “Traffic Control Signals”,
by including the following intersections be enacted:
- YMCA Boulevard & Rivis Road,
- Town Centre
Boulevard & Cox Boulevard,
- Green Lane
& Thornhill Square Driveway,
- Alden Road
& Bentley Street,
- Middlefield
Road & Highglen Avenue,
- Commerce Valley Drive West & South Park
Road;
And that the attached by-law to amend Schedule 19 of Traffic By-law
106-71, pertaining to “Traffic Control Signals”, by rescinding the traffic
control signal at Green Lane and the south driveway of the Landmark of
Thornhill be enacted;
And that the attached by-law to amend Schedule 12 of Traffic By-law
106-71, pertaining to “Compulsory Stops”, by rescinding the stop control at the
following intersections be enacted:
- Middlefield Road and Highglen Avenue,
- Commerce Valley Drive West and South Park
Road;
And that the amended by-laws shall come into force and effect when the
authorized traffic control signals have been energized;
And that Staff be authorized and directed to
do all things necessary to give effect to this resolution.
(By-law 2007-39)
CARRIED
That the letter dated January 12, 2007 from Mr. I. Upjohn, Principal
Planner, SNC-Lavalin Engineers and Constructors, to Mr. A. Brown, Director of
Engineering, providing notice of a public information session regarding the
Highway 407 East Partial Extension widening from Markham Road to Regional Road
30 be received;
And that Council request that 407ETR construct, at its own cost,
westbound entry ramps to Highway 407 at Ninth Line and Markham By-Pass as part
of the expansion of Highway 407.
CARRIED
Council consented to separate Clause (2).
Moved by Councillor J. Virgilio
Seconded by Councillor L. Kanapathi
That Report No. 16 - General Committee (March 5, 2007) be received and adopted.
That a
By-law be enacted to permit use of public property for Wedding Photography;
And
that a By-law be enacted to amend By-law 167-92, a By-law regarding the
management and regulation of parks within the Town of
And
that Fee By-law 2002-276 be amended to provide for a fee for a permit to
conduct the activities of wedding photography on public property;
And
that Staff be authorized and directed to do all things necessary to give effect
to this resolution.
CARRIED
That
Councillor J. Virgilio be appointed as the
DEFERRED
(See following motion to defer)
Moved by Councillor J. Virgilio
Seconded by Regional Councillor G. Landon
That Clause (2) be referred back to staff for preparation of a memorandum to the General Committee reviewing the status of the Roadwatch Committee as well as Mr. McBeth’s comments.
CARRIED
Moved by Deputy Mayor J. Jones
Seconded by Councillor J. Webster
That Report No. 17 - Development Services Committee (March 6, 2007) b received and adopted.
That the report dated March 6, 2007, entitled, “Review of the need for a pedestrian bridge over the 9th Line tributary to the proposed shopping centre at the N/E corner of 9th Line By-pass and Copper Creek Drive,” be received;
And that a pedestrian bridge not be required.
CARRIED
Council consented to separate Clause (1).
Moved by Deputy Mayor J. Jones
Seconded by Councillor J. Webster
That Report No. 18 - Development Services Public Meeting (March 6, 2007) be received and adopted.
That the report from the Development Services Commission dated February 6, 2007, titled “Unionville Montessori School, Application for Official Plan Amendment, Zoning By-law and Site Plan Approval to Permit the Expansion of the Existing Montessori School, 9322 Kennedy Road,” be received;
And that the Record of the Public Meeting held on March 6, 2007, with respect to the proposed amendments to By-laws 304-87 and 177-96, as amended, be received;
And that the
applications by the
And that the proposed Official Plan Amendment and amendment to By-laws 304-87 and 177-96, as amended, be enacted without further notice;
CARRIED AS AMENDED
(See following motion to amend)
Moved by Regional
Councillor T. Wong
Seconded by Councillor
V. Burke
That Clause (1) be amended to add the following paragraph:
"And that staff be directed to take all necessary steps to ensure a
suitable tree preservation plan and implementation program is in place relative
to this application."
CARRIED
Moved by Councillor J.
Virgilio
Seconded by Councillor A.
Chiu
That Report No. 19 - General
Committee (March 19, 2007) be received and adopted.
That the presentation by Mr. R. Bullis, Facility Coordinator, regarding the Character Community program be received;
And
that the proposed $15,000 for Character Community initiatives including
promotions, guest speakers for staff and the Tony Roman character trophies be
approved;
And that the proposed $10,000 to the Markham Sport Council be referred to the Grants Subcommittee for further review and a report back to the next General Committee meeting.
CARRIED
That the minutes of the February 26, 2007 meeting of the Varley-McKay Art Foundation be received;
And that the following recommendation by the Varley-McKay Art Foundation at its February 26, 2007 meeting be approved:
Whereas the Arts and
Letters Club of Toronto will be presenting an exhibition at the Varley Art
Gallery in 2008;
And, whereas Fred Varley
and all of the Group of Seven artists were Members of the Club;
That, Council be requested
to grant approval for the Varley-McKay Art Foundation of Markham Board to hold
the April meeting at the Arts and Letters Club in downtown Toronto, at the
expense of Foundation Members.
CARRIED
That a public consultation meeting be held on May 1, 2007, at 5:30 p.m. and residents and both the limousine and taxi industries be invited to attend and provide input into possible revisions to the current by-law to allow owners of limousines the ability to plate limousines they do not own, and for two-way radios in the vehicles;
And that Staff be authorized and directed to do all things necessary to give effect to this resolution.
CARRIED
That Council receive for information the March 19, 2007 report entitled “Summary of 2006 Remuneration and Expenses of Councillors and Appointees to Boards and other Bodies for the Period January 1, 2006 to December 31, 2006”;
And that staff be authorized and directed to do all things necessary to give effect to this resolution.
CARRIED
That the report dated March 19, 2007 entitled, “Approval of Revised Budget Schedule” be received;
And that the revised budget schedule, as shown in Table 2 of this report, be approved;
And that Staff be authorized and directed to do all things necessary to give effect to this resolution.
CARRIED
That staff
report titled “Markham Environmental Sustainability Fund – Spring Funding”,
dated February 27, 2007 be received;
That Council
approve funding for Town-initiated and Community Projects and fund promotion as
evaluated and recommended by staff and the Environmental Issues Committee as
set out in this report, in the amount of
$29,557.10 as follows:
Town-Initiated
Projects
- Karen
Boniface, Technical Co-ordinator, Parks Department - $5,906 for Adopt-A-Park -
Community Support and Awareness Program
Community
Projects
- Pomona
Mills Conservationists Inc. - $3,601.10 for a Cleanup/Planting and Signage
Program;
- Unionville
Villager’s Association - $10,000 for Aerial Pathway Signage;
- 10,000
Trees for the Rouge Valley - $5,250 for a Wildlife Habitat Restoration
(including a 5% administration fee for TRCA);
- St.
Justin Martyr Council, Knights of Columbus - $4,800 for interpretative signage
(2 signs);
to be funded from the Markham
Environmental Sustainability Fund (MESF), Account #87 2800168;
And that North
American Native Plant Society’s request for $10,000 for a native garden,
signage (2 signs) and brochure be deferred as requested by the applicant and
Staff;
And that staff
report back on the potential to create a separate program that would consider
condominium and business building retrofit applications using the following
criteria:
- Establish
a minimum level of efficiency to be achieved through the retrofit;
- Applicant
must prove Energy Audit prepared by a qualified Heating Ventilation and Air
Conditioning professional;
- Corporation
must provide an MOU to ensure emissions credits will go to the municipality;
- Funding
to be provided after equipment installed and operating at the anticipated level
of efficiency, as certified by the HVAC professional
- Retrofit
projects must serve a minimum number of building units
And that the
application by Mr. D. Hortin on behalf of the Walden Pond II Condominium
Complex for $10,000 to partially fund the installation of a high efficiency
boiler retrofit be deferred until such time that staff bring back this report;
And that Council
approve $1,550 for the purchase of small trees for: distribution to Markham
volunteers to recognize their efforts and encourage tree planting; and for MESF
labels to promote the fund as outlined in this report, to be funded from the
Markham Environmental Sustainability Fund (MESF), Account #87 2800168;
And that the
Mayor and Clerk be authorized to enter into a memorandum of understanding with
10,000 Trees and TRCA for the transfer and administration of the MESF funding
on behalf of the Town, in a form satisfactory to the Town Solicitor;
And that Staff
be authorized to do all things necessary to give effect to the above.
CARRIED
That the staff report dated February 21, 2007, entitled “Permitted Fields Agreement Report” be received;
And that the Mayor and Clerk be authorized to execute the “Permitted Fields Agreement” between the Town and York Region District School Board included as Attachment A, in a form satisfactory to the Town Solicitor and the Commissioner, Community & Fire Services;
And that the Town no longer permit and maintain York Region District School Board (Y.R.D.S.B.) Elementary School athletic fields;
And that the Town’s Sports Field Coordinator notify any permitted users of Y.R.D.S.B. Elementary fields in writing that they are required to contact the York Region District School Board to secure permits on these fields;
And that the Director of Strategic Services be authorized to approve the list of playing fields the Town wishes to use on an annual basis and to execute any amendments to the Permitted Fields Agreement required to give effect thereto;
And that Staff be authorized and directed to do all things necessary to give effect to this resolution;
And
that Staff report back in 2008 with a review of Secondary School and Elementary
School field usage after the 2007 season.
CARRIED
That the report titled York Region District School Board (YRDSB) – Markham Centre Secondary School for Athletics & Healthy Active Living – Outdoor Sports Fields be received;
And that funds be approved to an upset limit of $2 million to upgrade two planned natural turf sports fields to artificial turf, to provide lights for all three fields, increases in size of the maintenance and washroom building and equipment, in partnership with YRDSB at the School for Athletics & Healthy Active Living.
And that the $2 million required for this project be funded from Development Charges, 90% of $1.8 million, and the Ramp-Up Reserve, 10% or $0.2 million.
And that the Director, Strategic Services be authorized to negotiate a Joint Use & Maintenance Agreement for the sports fields with YRDSB;
And that Staff be authorized and directed to do all things necessary to give effect to this resolution.
CARRIED
Council consented to separate Clause (3).
Moved by Deputy Mayor J. Jones
Seconded by Councillor J. Webster
That Report No. 20 - Development Services Committee (March 20, 2007) be
received and adopted.
That the report entitled, “Request for
Variance to the Fence By-Law 277-97, as amended, for 9580 Woodbine Avenue” be
received;
And that the request to grant relief from the
provisions of the Fence By-Law 277-97, as amended, to permit a 1.5m (5ft.) high
decorative iron fence in a front and exterior flankage side yard of the church,
whereas the By-Law limits the fence height in the front yard and exterior
flankage side yard to 1.2m (4ft.), be approved subject to the following
conditions:
And that Staff be authorized and directed to do all things necessary to
give effect to this resolution.
CARRIED
That the report entitled “Acceptance for
Maintenance of Residential Subdivisions Registered Plan Numbers 65M-3567,
65M-3601, 65M-3671, 65M-3279 and 65M-3707,” dated March 20, 2007, be received;
And that the services in Subdivision
Registered Plan Number 65M-3567, 65M-3601, 65M-3671, 65M-3279 and 65M-3707 be
Accepted for Maintenance;
And 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 that the Community Services Commission accept the responsibility for operating and maintaining the
infrastructure within the subdivisions as part of the Town’s system;
And that acceptance of the subdivision be taken into consideration in future operating budgets;
And that the by-law to amend Schedule ‘12’ of
Traffic By-law #106-71, by including compulsory stop to the indicated streets,
be approved;
And that the by-law to amend Schedule ‘A’ of
the Speed By-law #105-71, by including a maximum speed of 40 kilometres per
hour for the streets indicated, be approved;
And 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 that Staff be authorized and directed to do all things necessary to
give effect to these resolutions.
(By-laws 2007-40 to 2007-46)
CARRIED
Report Att1 Att2 Att3 Att4 Correspondence
RevisionMemo
That
the letter from Next Property Group, dated March 14, 2007, regarding draft plan
of subdivision 19TM-95081 and requesting amendments to the proposed conditions
for draft approval, be received;
That the memo dated March 27, 2007 from the Development Manager, East
District, outlining the revisions to the woodlot conditions, be received;
And
that draft plan of subdivision 19TM-95081 (Phase 1) by Matrundola, Blackmore, Pacitto and Rizzi, located within the Wismer Commons Community,
be draft approved subject to the conditions of draft approval outlined in
Appendix ‘A’, as revised;
And that the application
submitted by Matrundola, Blackmore, Pacitto and Rizzi to amend Zoning By-laws
304-87 and 177-76, as amended, be approved for the residential portion of Phase
1 (67 units) of plan of subdivision 19TM-95081,
and the draft by-laws attached as Appendices
‘B’ and ‘C’, be finalized and enacted;
And
that servicing allocation for 61 units be granted to plan of subdivision 19TM-95081
(Phase 1) from the total allocation for the Wismer Commons
Community, assigned in accordance with the June 20, 2006 report on servicing
allocation;
And that servicing allocation for an additional six (6) units be granted to plan of subdivision 19TM-95081 (Phase 1) out
of the Town’s reserve;
And that the Town reserves the right to revoke or reallocate the
servicing allocation should the development not proceed in a timely manner;
And that the Region of York be advised of the
servicing allocation for this development;
And that the applicant provide to the Town the 30% payment of the
required subdivision processing fees in accordance with the Town’s Fee By-law
(By-law 211-83, as amended by By-law 2007-15);
And further that the draft plan of subdivision approval will lapse
after a period of three years commencing March 27, 2007 in the event that a
subdivision agreement is not executed within that period;
And that Staff be authorized and directed to do all things necessary to
give effect to this resolution.
(By-laws 2007-47 and 2007-48)
CARRIED AS AMENDED
(See following motion to amend)
Moved by Deputy Mayor J. Jones
Seconded by Councillor
J. Webster
That Clause (3) be amended to add the words "…as revised" in
paragraph three, after the words "…approval outlined in Appendix
'A'…", and to add the following after paragraph one:
"That the memo dated March 27, 2007 from the
Development Manager, East District, outlining the revisions to the woodlot
conditions, be received;"
CARRIED
That Council permit the owner of 7705-7707
Yonge Street to be eligible for the Markham Commercial Façade Improvement Grant
Program prior to the regular application deadline date of May 1, 2007, due to
the unique circumstances under which the storefront must be repaired, and the
exceptional architectural and historical significance of this Yonge St.
property;
And that the application be
processed for early approval subject to the applicant meeting all other
applicable requirements;
And that the Mayor and the Clerk be
authorized to execute a Heritage Conservation Easement Agreement between the
property owners of 7705-7707 Yonge St. and the Town;
And that the grant be
funded through the Development Services (Heritage) Capital Accounts up to the
maximum of $15,000.00;
And that Staff be authorized and directed to do all things necessary to
give effect to this resolution.
CARRIED
Council consented to add Motion (1).
Moved by Councillor J. Webster
Seconded by Councillor E. Shapero
That the delegations of Peter Ross, on behalf of Vinegar Hill Ratepayer Association and Dianne More, on behalf of Markham Village Conservancy, with respect to the approval by the Development Services Committee of a site plan control application from Ter-Sky Developments Inc. for the relocation of the Archibald Barker House be received.
CARRIED
(See following motion which was
lost)
Moved by Regional Councillor J. Heath
Seconded by Regional Councillor T. Wong
That the matter with respect to the approval by the Development Services Committee of a site plan control application from Ter-Sky Developments Inc. for the relocation of the Archibald Barker House be brought forward for consideration by Council at this time.
LOST
Council consented to add Communications 20-2007 and 21-2007.
Moved by Councillor A. Chiu
Seconded by Councillor C. Moretti
That Council
receive and consent to the disposition of communications in the following
manner:
CARRIED
Moved by Regional Councillor T. Wong
Seconded by Councillor D. Horchik
That Proclamation (1) be received and adopted.
That the following be proclaimed in the Town of Markham:
- Day of Mourning for workers killed or injured on the job - April 28,
2007
- Parkinson's Disease Awareness Month - April 2007
- National
Volunteer Week - April 15 to 21, 2007
- Asian Heritage Month - Month of May in each year
- National Fibromyalgia and Chronic Fatigue Syndrome Awareness
Day - May 12, 2007
- National Missing Children's Day - May 25, 2007
- Green Ribbon of Hope Month - May 2007
And that the Corporate Communications Department be requested to publish the above proclamations in the local
newspapers;
And that the flags at the
Markham Civic Centre be lowered to half mast on April
28, 2007 to commemorate the Day of Mourning for workers killed or injured on
the job.
CARRIED
Council consented to add Other Business (3) to (5).
That Other Business (1) to (5) be received and adopted.
That a taxi
driver be allowed to retain his place on the Priority List for a taxi owner’s licence subject to the following conditions:
· That he
complete an English as a Second language course within four (4) months of the
decision of Council;
· That he pass the taxi driver’s
examination with a grade of at least 80% in order to obtain a taxi driver’s
licence within six (6) months of the decision of Council;
· That he
otherwise comply with the requirements of Taxi Licensing By-law 2002-308;
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
That a Taxi
Owner’s Licence be extended for a period of two (2) months from the date of
Council’s decision to allow the license holder to complete a transfer of the licence
to a suitable candidate in accordance with section 4.9 of the Taxi Licensing
By-law 2002-308;
And that the
licence be cancelled if it is not transferred within
that time;
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
That the report entitled “Amendment to conditions of Site Plan Approval Costco Wholesale (Canada) Ltd., 65 Kirkham Drive” be received;
That Condition 4(b) of the conditions of endorsement of the Site Plan for Costco Wholesale (Canada) Ltd. at 65 Kirkham Drive, be deleted;
And that Staff be authorized and directed to do all things necessary to give effect to this resolution.
CARRIED
That the following persons
be appointed to the Advisory Committee on Accessibility for the term
ending November 30, 2010:
Leila Abboud
Vito Bigioni
Carl Bodnar
Ted Chivers
Prescott Harrison
Robert Hunn
Sidney Polak
Carole Robertson, Representative from Alliance for Equality of Blind
Canadians
Bill Broger, Representative from Participation House;
And that the following persons be appointed to the Committee of Adjustment for the
term ending November 30, 2010:
Keith
Daunt
Philip Gunn
Loretta Polsinelli
Bruno Tucciarone
Khalid Usman;
And that the following
persons be appointed to the Markham Public Art
Advisory Committee for the term expiring November 30, 2009:
Matthew Korchinski
Sean Colangelo;
And that the following
resignation for the Markham Public Art Advisory Committee be accepted with regret and a letter of appreciation be
forwarded:
Judi McIntyre
Kelly McLeod.
CARRIED
That any Members of Council interested in attending the Federation of Canadian Municipalities (FCM) Annual Conference and Municipal Expo being held from June 1 to 4, 2007 at the Calgary TELUS Convention Centre, Calgary Alberta be permitted to do so, with authorized expenses to be paid in accordance with Town Policy.
CARRIED
Council consented to add By-laws 2007-57 and 2007-58.
Moved by Councillor A. Chiu
Seconded by Councillor D. Horchik
That By-laws 2007-37
to 2007-55 and By-laws 2007-57 and 2007-58 be given three readings and enacted.
CARRIED
Moved by Deputy Mayor J. Jones
Seconded by Councillor J. Virgilio
That prior to
the issuance of a Request for Expression of Interest regarding the property at
9 Station Lane (Stiver Mill), a Steering Committee be established to review the
terms of the REOI and provide an opportunity for community input into the
process;
And that the
Committee be composed of three Members of Council, one representative from the
Unionville B.I.A., one representative from the Unionville Villagers’
Association, and one representative from the community at large;
And that the
following Members of Council be appointed to the
Committee:
Deputy Mayor J. Jones;
Councillor C. Moretti;
Councillor J. Virgilio;
Mayor F. Scarpitti (ex-officio);
And that,
should the permitted uses to be referred to in the REOI change, the Committee
report back to the General Committee.
CARRIED AS AMENDED
(See following motion to amend)
Moved by Councillor J. Virgilio
Seconded by Councillor V. Burke
That paragraph two be amended to add the appointment of a member from the community at large to the Steering Committee.
CARRIED
Moved by Councillor A. Chiu
Seconded by Councillor C. Moretti
That By-law
2007-56 be given three readings and enacted.
CARRIED
Moved
by Councillor A. Chiu
Seconded
by Councillor J. Virgilio
That
CARRIED
Council adjourned at 8:01 p.m.
___________________________________ _____________________________________
SHEILA BIRRELL, TOWN CLERK FRANK SCARPITTI, MAYOR
(Signed)