2007-09-11
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 J. Virgilio, Councillor C. Moretti, Councillor J. Webster, Councillor D. Horchik, Councillor A. Chiu. (11)
REGRETS
Councillor E. Shapero, Councillor L. Kanapathi. (2)
The Regular Meeting of Council was held on September 11, 2007 at 7:00 p.m. in the Council Chamber, Civic Centre. Mayor F. Scarpitti presided.
STAFF
J. Livey, Chief Administrative Officer
J. Baird, Commissioner of Development Services
A. Taylor, Commissioner of Corporate Services
C. Conrad, Town Solicitor
S. Birrell, Town Clerk
K. Kitteringham, Deputy Clerk
B. Cribbett, Treasurer
B. Nanninga, Executive Assistant
J. Wong, Technology Support Specialist
A. Seabrooke, Acting
Director, Library Services, Fire Services, Recreation and Culture
P. Loukes, Acting Director, Operations and Water Works
1. DISCLOSURE OF PECUNIARY INTEREST
Councillor Virgilio disclosed an
interest with respect Clause (2), Report No. 46 (17 Laidlaw Group Ltd.
application), as he represents the owner of the property, and did not take part
in the consideration or discussion of or vote on the question of the approval
of such matter.
Moved by Councillor A. Chiu
Seconded by Councillor C. Moretti
That the Minutes of the Council Meeting held on June 26, 2007, be adopted.
Moved by Deputy Mayor J. Jones
Seconded by Councillor J. Webster
That Report No. 45 - Development Services Committee be received and adopted.
That
as per the recommendation of
And that Staff be authorized and directed to do all things necessary to give effect to this resolution.
That the recommendation report entitled “Flato Management Inc. Zoning By-law Amendment and Draft Plan of Subdivision applications to permit 13 residential single detached lots at 201 & 207 Helen Avenue” (ZA 06 134709 & SU 06 134653) be received;
That
the record of the Public Meeting held on
That the draft plan of subdivision, 19TM-06014 (SU 06 134653), proposed by Flato Management Inc., for 13 residential single detached lots located at 201 & 207 Helen Avenue, be approved subject to the conditions outlined in Appendix ‘A’;
That the zoning application (ZA 06 134709), to amend By-laws 304-87, as amended and 177-96 as amended, to implement draft plan of subdivision 19TM-06014 (SU 06 134653), be approved and the implementing Zoning By-laws attached as Appendix ‘B’ be enacted;
That the Owner provides written confirmation from the South Unionville Planning District Developers Group Trustee that servicing allocation is available for 13 single detached units;
That Flato Management Inc. be granted servicing allocation for 13 single detached units, such allocation to be taken from the total current allocation for the South Unionville Planning District;
That the Town reserves the right to revoke or re-allocate such servicing allocation at its sole discretion, should development not proceed in a timely manner;
That the Region of York be advised accordingly regarding the servicing allocation for this development;
That the applicant provide the Town with the required payment of 30% of the subdivision processing fees in accordance with the Town’s Fee By-law (2007-15);
And
further that the draft plan approval for plan of subdivision 19TM-06014 will
lapse after a period of three years commencing September 4, 2007, in the event
that a subdivision agreement is not executed within that period.
(By-laws 2007-187 and 2007-188)
That the staff report dated September 4, 2007, entitled: “Recommendation Report Hagerman-Corners Development Inc. (formerly Hagerman Village) – Duffield Drive, west of Kennedy Road – Applications for zoning by-law amendment and site plan approval for a restaurant development,” be received;
And
that the record of the Public Meeting held on
And that the application for Zoning By-law Amendment (ZA 06 135304), be approved as outlined in the staff report and the draft implementing zoning by-law amendment attached as Appendix ‘B’ be finalized and enacted;
And that site plan application (SC 06 135327) be endorsed in principle, subject to the conditions attached as Appendix ‘A’;
And
that a Public Meeting be scheduled to consider a zoning by-law amendment to
permit a day care centre/private school on the north side of Duffield Drive,
west of Deverill Court;
And that Staff be authorized and directed to do all things necessary to give effect to this resolution.
That the report dated September 4, 2007 entitled “Recommendation Report - Petro Canada - South west corner of Highway 7 and Kennedy Road - Applications for zoning by-law amendment and site plan approval to permit an automobile service station,” be received;
And that the record of the Public Meeting held on May 15, 2007 to consider the requested zoning by-law amendment, be received;
And that the application for Zoning By-law Amendment (ZA 07 107606) be approved as outlined in the staff report and the draft implementing zoning by-law attached as Appendix ‘A’ be finalized and enacted;
And that the application for site plan control approval (SC 07107701) be endorsed in principle, subject to the conditions attached as Appendix ‘B’;
And that site plan approval be delegated to the Director of Planning and Urban Design or her designate, to be issued once the conditions outlined above have been satisfied. Site Plan approval is issued only when the Director has signed the site plan;
And that endorsement of the site plan application shall lapse and site plan approval will not be issued, after a period of three years commencing September 4, 2007, in the event that the site plan 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.
Report Appendix A Appendix B Appendix C
That this report be received and that at the request of the Subcommittee on Second Suites, all members of Council be invited to attend an upcoming Subcommittee workshop, with representatives from the Region of York and other invited GTA municipalities, scheduled from 1-3 pm on September 18, 2007 in the Canada Room.
CARRIED
Council consented to separate Clause (2).
Moved by Deputy Mayor J. Jones
Seconded by Councillor J. Webster
That Report No. 46 - Development Services Public Meeting be received
and adopted.
Extract Draft
OPA Report
Appendix
A-C Appendix
D Correspondence
That the correspondence
received from Melvin S. Winch MCIP, RPP, 47 Joseph Duggan Road, Toronto, ON in
opposition regarding the proposed application for Thornhill Secondary Plan for
the Thornhill Planning District, be received;
And that the
Record of the Public Meeting held on September 4, 2007, with respect to the
proposed amendment to the Official Plan (Revised 1987), as amended, to
incorporate an amendment to the Thornhill Secondary Plan for the Thornhill
That the
application by the Town of Markham to amend the Official Plan (Revised 1987),
as amended, to incorporate an amendment to the Thornhill Secondary Plan for the
Thornhill
And further that the proposed amendment, be enacted without further notice.
(By-law 2007-189)
CARRIED
That the memorandum to the Chief Administrative Officer dated August 2, 2007, entitled “Delegation of Authority to CAO to call a Public Meeting, Zoning Amendment Application to permit retail sales in one unit within an industrial building at 17 Laidlaw Boulevard, Markham, ZA 07 114387” be received;
That the Record of the Public Meeting held on September 4, 2007, with respect to the rezoning application submitted by 17 Laidlaw Group Ltd. to amend By-law 1229, as amended, be received;
That the rezoning application by 17 Laidlaw Group Ltd. to amend By-law 1229, as amended, be approved;
And that the
proposed amendment to By-law 1229, as amended, be enacted without further
notice.
CARRIED
(Councillor J. Virgilio
abstained)
Council consented to add Report No. 47.
Moved by Deputy Mayor J. Jones
Seconded by Councillor J. Webster
That Report No. 47 - General Committee be received and adopted.
That Regional Councillor J. Heath be
permitted to attend the Canadian Wind Energy Association’s 23rd Annual
Conference in Quebec City from September 30 - October 3, 2007.
CARRIED
(See following recorded vote)
(8:3)
(See following motion which was
lost)
YEAS: Mayor F. Scarpitti, Deputy Mayor J. Jones, Regional Councillor J. Heath, Regional Councillor T. Wong, Regional Councillor G. Landon, Councillor V. Burke, Councillor J. Webster, Councillor A. Chiu. (8)
NAYS: Councillor J. Virgilio, Councillor C. Moretti, Councillor D. Horchik. (3)
ABSENT: Councillor E. Shapero, Councillor L. Kanapathi. (2)
Moved by Deputy Mayor J. Jones
Seconded by Councillor J. Webster
That the motion moved by Deputy Mayor J. Jones and seconded by Councillor J. Webster be amended to read as follows:
"That in the event Regional Councillor
J. Heath is unable to attend the Canadian Wind Energy Association’s 23rd Annual
Conference in Quebec City from September 30 - October 3, 2007, another Member
of Council who sits on the Board of Markham District Energy Inc. be permitted
to attend."
LOST
(See
following recorded vote) (4:7)
YEAS: Deputy Mayor J. Jones, Regional Councillor J. Heath, Councillor V. Burke, Councillor J. Webster. (4)
NAYS: Mayor F. Scarpitti, Regional Councillor T. Wong, Regional Councillor G. Landon, Councillor J. Virgilio, Councillor C. Moretti, Councillor D. Horchik, Councillor A. Chiu. (7)
ABSENT: Councillor E. Shapero, Councillor L. Kanapathi. (2)
Council consented to add Motions (1) and (2).
Moved by Councillor D. Horchik
Seconded by Councillor J. Webster
That Council extend its appreciation to the Town of Markham Staff and the following Members of the Committees for their contribution to successful events held over the summer:
- Councillor C. Moretti, Chair, and Members of the Canada Day Committee
- Regional Councillor J. Heath and Members of the Markham Jazz Festival
- Jason Tsien, Chair, Councillor L. Kanapathi and Members of the Milliken Mills Childrens' Festival.
Moved by Regional Councillor T. Wong
Seconded by Councillor J. Webster
That the Town Clerk be requested to prepare preliminary comments for the September 18th Second Suites Working Group Meeting regarding the development of an internal Property Standards By-law for the Town;
And that the Town Clerk make a formal presentation and prepare a report for a subsequent Part A meeting of the Development Services Committee.
(2/3 VOTE WAS REQUESTED & OBTAINED)
Council
consented to replace Councillor L. Kanapathi with Councillor J. Webster to
second this Notice of Motion. Council
also directed staff to prepare a background memo on this Notice of Motion for
discussion at the September 18, 2007 Development Services Committee
meeting.
Moved by Regional Councillor G. Landon
Seconded by Councillor J. Webster
That Markham Council endorses the looping of VIVA buses at Bur Oak Avenue and Highway No. 7 to allow the Region of York to extend services to east of Markham once the loop is constructed.
Council consented to add Communication No. 65-2007.
Moved by Councillor A. Chiu
Seconded by Councillor C. Moretti
That Council
receive and consent to the disposition of communications in the following
manner:
a) Between the hours of
8:00 a.m. and 4:30 p.m.:
- Church Lane from John Street
beyond Colborne Street
- Colborne Street from Yonge
Street to Church Lane
- Eliza Street
- Thornhill Summit Drive
b) Between the hours of
11:30 a.m. and 2:00 p.m.:
- John Street from Yonge Street
to Henderson Avenue
- Yonge Street between Royal
Orchard Blvd. and Clark Avenue
(3.5) (By-law 2007-190)
- Highway 7 East of Wootten Way to Highway 48 (Closed to Parade Traffic Only) (8:00 a.m. to 11:00 a.m.)
- Highway 7 at Ninth Line to Wootten Way (Local Traffic Only) (8:00 a.m. to 11:00 a.m.)
- Main Street Markham north of Highway 7 to 16th Avenue (Closed) (9:30 a.m. to 11:30 a.m.)
- Main Street Markham north of 16th Avenue to just south of Bur Oak Avenue (10:00 a.m. to 12:00 noon)
- Bullock Drive east of Snider Drive east to Main Street Markham (10:00 a.m. to 11:00 a.m.)
- Parkway Avenue west side of George Street west to Main Street Markham (10:00 a.m. to 11:00 a.m.)
- 16 Avenue East of Fincham Avenue to west of the driveway to Garden Basket (Local Traffic Only) (10:00 a.m. to 12:00 noon)
- 16th Avenue west of the driveway to Garden Basket to west of Peter Street (Closed) (10:00 a.m. to 12:00 noon)
- 16th Avenue west of Peter Street to east of Mingay Ave/Stone Mason Drive (Local Traffic Only) (10:00 a.m. to 12:00 noon) (3.5.5)
(By-law 2007-191) (Delegation 1)
(Clause
1, Report No. 46, 2007)
CARRIED
Moved by Councillor D. Horchik
Seconded by Regional Councillor T. Wong
That the following be proclaimed in the Town of Markham:
- National Family Dinner Night (September 20, 2007)
- Child Abuse & Neglect Prevention Month (October 2007) and
Go Purple for Prevention Day (October 1, 2007)
- Character Community Week (October 15 to 19, 2007)
- Child Care Worker and Early Childhood
Educator Appreciation Day - October 24, 2007
- YMCA World
Peace Week (November 17 to 24, 2007)
And that the Corporate Communications Department be requested to publish the above proclamations in the local newspapers;
And that the proclamation of August 15, 2007 as "Brad May Day" in the Town of Markham, be confirmed.
CARRIED
Council consented to add Other Business (1) and (2).
Regional Councillor J. Heath expressed concerns regarding the Town's decision during the summer Council recess to allow the placement of "Support our Troops" decals on Town of Markham fire trucks.
Mayor Scarpitti recognized the 27th year of the Terry Fox Run and the
importance of supporting our local runs on Sunday, September 16, 2007 at 9:00
a.m. from Thornlea Secondary School and Unionville Public Library.
Moved by Regional Councillor G. Landon
Seconded by Councillor A. Chiu
That By-laws 2007-187 to 2007-200 be given
three readings and enacted.
CARRIED
Moved by Councillor A. Chiu
Seconded by Councillor J. Virgilio
That Council resolve into an in-camera session to discuss confidential matters.
CARRIED
Moved by Councillor J. Virgilio
Seconded by Councillor A. Chiu
That Council rise and the Chair report the following from in-camera session:
That the minutes of the in-camera Council meeting held on June 26, 2007, be confirmed.
That the presentation provided by the Director of Human Resources regarding a personnel matter be received;
And that staff be authorized to proceed as directed with respect to this matter.
That the report entitled “C. Ruscica Appeal of the Committee of Adjustment Decision Regarding 48 Sprucewood Drive, Thornhill” be received;
And
that the Town Solicitor and Staff be instructed to attend the Ontario Municipal
Board hearing of the appeal by Caterina Ruscica from the decision of the
Committee of Adjustment denying three variances for a proposed 2-storey house
at 48 Sprucewood Drive, Thornhill;
And that Staff be authorized and directed to take the actions set out in this report.
That
the report entitled “Appeal of OPA 149 by Colleen & Larry Romanovich
(Highway 404 North (Business Park) Secondary Plan)” be received;
And
that Council adopts the attached modifications to OPA 149;
And
that the Town Solicitor and staff be authorized to request OMB approval of OPA
149, as modified, based upon the terms set out in this report;
And that Staff be authorized and directed to
take the actions set out in this report.
That approval be given for the Chief Administrative Officer, John Livey, to serve as the Town's representative on the Board of Directors of the National Centre for Medical Device Development Corp.;
And that the
Chief Administrative Officer provide regular updates to all members of Council.
Council received an update regarding the appointment of Acting Fire Chief (s) while Mr. McClean, Fire Chief, is on education leave.
CARRIED
Moved by Deputy Mayor J. Jones
Seconded by Regional
Councillor J. Heath
That the report be adopted, approved and confirmed.
CARRIED
Moved by Councillor A. Chiu
Seconded by Councillor J. Virgilio
That By-law
2007-201 be given three readings and enacted.
CARRIED
Seconded
by Regional Councillor G. Landon
That the meeting do adjourn.
CARRIED
Council adjourned at 8:34 p.m.
___________________________________ _____________________________________
SHEILA BIRRELL, TOWN CLERK FRANK SCARPITTI, MAYOR
(Signed)