June
3, 2009
COUNCIL MINUTES Council Chamber, Civic Centre
Meeting No. 10
ROLL
CALL
Mayor F. Scarpitti, Deputy Mayor J. Heath, Regional Councillor J. Jones, Councillor V. Burke, Councillor E. Shapero, Councillor J. Virgilio, Councillor C. Moretti, Councillor J. Webster, Councillor D. Horchik, Councillor L. Kanapathi.
REGRETS
Regional Councillor T. Wong, Regional Councillor G. Landon, Councillor A. Chiu.
STAFF
J. Livey, Chief Administrative Officer
J. Baird, Commissioner of Development Services
B. Librecz, Commissioner of Community and Fire Services
A. Taylor, Commissioner of Corporate Services
C. Conrad, Town Solicitor
B. Cribbett, Treasurer
K. Kitteringham, Town Clerk
A. Brouwer, Deputy Town
Clerk
J. Chechalk, Mayor’s Chief of Staff
J. Carnegie, Director of Communications and Community Relations
J. Wong, Technology Support
Specialist
M. Urquart, Manager of Environmental Excellence
C. Marsales, Manager, Waste Management
B. Snowball, Fire Chief
S. Andrews, Director Asset Management
P. Fu, Manager, Capital of Right-of-Way
V. Sawler, Manager, Markham Energy Conservation
The Regular
Meeting of Council was held on June 3, 2009 at 7:10 p.m. in
1. DISCLOSURE OF PECUNIARY INTEREST
(1) There were no disclosures of pecuniary interest.
2. MINUTES
(1) COUNCIL MINUTES - MAY 26, 2009
Moved by Regional Councillor J. Jones
Seconded by Councillor C. Moretti
That the Minutes of the Council Meeting held on May 26, 2009, be adopted.
CARRIED
3. PRESENTATIONS
Council consented to add Presentation No. 2.
(1) REDUCE
OUR WASTE TEAM MEMBERS OF
UNIONVILLE MEADOWS PUBLIC
SCHOOL RECOGNITION (5.7)
Council recognized the Reduce Our Waste Team Members of Unionville Meadows Public School for their outstanding contribution towards waste reduction.
Jeanette McLellan, Teacher, Unionville Meadows Public School and Claudia Marsales, Manager of Waste Management provided a brief background on this initiative. Students of the Unionville Meadows Public School Bucket Drumming Club performed music using the old garbage bins.
(2) SMOG
SUMMIT AND
POWERSTREAM SESSION ON GREEN
ENERGY ACT (12.2.6)
Mayor F. Scarpitti advised he attended a Smog Summit and a session organized by the PowerStream on Green Energy Act this date.
4. DELEGATIONS
Council consented to hear Delegation Nos. 1 and 2.
(1) Linda Briggs, Chair of Markham Jazz Festival, addressed Council regarding Markham Jazz Festival Road Closure, advising that the Festival is being held on August 15-16, 2009. She highlighted some of the features for the Festival and the preparations with respect thereto. Ms. Briggs also thanked the Town of Markham for their financial support through the Celebrate Markham Grant. (3.5)
(Other Business 3)
(2) Mark Gaudet, Markham Jazz Festival, addressed Council regarding Markham Jazz Festival Road Closure, extending appreciation to Council for helping to create a real community for the residents in the Town of Markham. (3.5)
(Other Business 3)
________________________________
Moved by Deputy Mayor J. Heath
Seconded by Regional Councillor J. Jones
That Council bring forward Other Business (3) regarding the road closure for Markham Jazz Festival for consideration at this time.
(See Other Business 3 for Council resolution on this matter)
CARRIED
________________________________
5. PETITIONS
There were no petitions.
6(a) REPORT NO. 40 - GENERAL COMMITTEE (May 25, 2009)
Council consented to separate Items No. 1 and 9.
Moved by Councillor J. Virgilio
Seconded by Councillor E. Shapero
That Report No. 40 - General Committee comprised of 9 items be received and adopted, except Items 1 and 9. (See following Items 1 and 9)
(1) SOLAR HOT WATER HEATING
PILOT PROJECT
OPPORTUNITY
WITH ENBRIDGE AND YORK
UNIVERSITY (5.7)
1) That the presentation by Mr. P Baragetti, Manager of Business Development, Enbridge, and Dr. Jose Etcheverry, Associate Professor, Faculty of Environmental Studies, York University, be received; and,
2) That Council support a partnership opportunity among the Town of Markham, Enbridge Gas Distribution, Inc., and York University to promote a solar water heating program to local residents; and,
3) That Council endorse the use of the Town of Markham’s logo on joint marketing material; and further,
4) That
staff be authorized and directed to do all things necessary to give effect to
this resolution including review and concurrence by all applicable Town
departments, including those representing water works, building, heritage and
planning staff among others.
CARRIED
(2) APPOINTMENTS,
RESIGNATIONS
- ADVISORY COMMITTEES (16.24)
1) That the resignation of Ms. Rini Ngai from the Environmental Advisory Committee be accepted with thanks and a letter of appreciation be forwarded; and,
2) That the vacancy be filled in the normal manner; and,
3) That the following persons be appointed to the Advisory Committee on Accessibility for the term ending November 30, 2010 or until the appointment of successors by the 2010-2014 Council:
Jocelyn Horsford
Rhonda Jacobson
CARRIED
(3) RESTRUCTURING OF
MARKHAM LITTLE THEATRE LOAN (6.2)
1) That
the outstanding loan to the Markham Little Theatre (
2) That Staff review this agreement in 5 years time; and further,
3) That Staff be authorized and directed to do all things necessary to give effect to this resolution.
CARRIED
(4) AWARD
OF TENDER 041-T-09
AND QUOTE 103-Q-09
HENDERSON AVENUE WATERMAIN REPLACEMENT
FROM STEELES AVENUE EAST TO DALMENY ROAD (17.12.1)
1) That the report entitled “Award of Tender 041-T-09 and Quote 103-Q-09 Henderson Avenue Watermain Replacement from Steeles Avenue East to Dalmeny Road” be received; and,
2) That the contract for 041-T-09 Henderson Avenue Watermain Replacement from Steeles Avenue East to Dalmeny Road be awarded to the lowest priced bidder, Lancorp Construction Co. Ltd in the amount of $758,498.25 exclusive of GST; and,
3) That a separate purchase order in the amount of $75,850.00 exclusive of
GST be issued for contingency to cover any additional fees and that the
Director of Asset Management be authorized to approve expenditure of this
contingency amount up to the specified limit in accordance with the Expenditure
Control Policy; and,
4) That the contract for 103-Q-09 Consulting Engineering
Services Related to Contract Administration and Construction Inspection be
awarded to highest ranking and lowest priced bidder, Chisholm Fleming and
Associates in the amount of $57,500.00 exclusive of GST; and,
5) That a contingency amount of $8,625.00 exclusive of GST be
established to cover any additional contract administration and construction
inspection fees and that the Director of Asset Management be authorized to
approve expenditure of this contingency amount up to the specified limit in
accordance with the Expenditure Control Policy; and,
6) That staff be authorized to retain a
qualified geotechnical consulting firm in accordance with the Town’s purchasing
bylaw to provide geotechnical and materials testing services during
construction for an upset limit of $7,000.00 exclusive of GST; and,
7) That the award be funded from the 2009 Waterworks Department Capital Project 053-6150-9276-005 Watermain Construction/Replacement in the amount of $828,000 and from the 2008 Waterworks Department Capital Project 053-6150-8435-005 2008 Watermain Construction/Replacement in the amount of $79,473.25; and further,
8) That Staff be authorized and directed to do all things necessary to give effect to this resolution.
CARRIED
(5) 2009 MARKHAM VILLAGE
BUSINESS IMPROVEMENT AREA
OPERATING BUDGET (7.4 & 3.11)
1) That the report entitled “2009 Markham Village B.I.A. Operating Budget” dated May 25, 2009 be received; and,
2) That the Operating Budget in the amount of $277,219 for the Markham Village B.I.A. be approved; and,
3) That the Special Tax Rate levy, in the amount of $202,183, for the Markham Village B.I.A. members be included in the 2009 Tax Levy By-law; and,
4) That Staff be authorized and directed to do all things necessary to give effect to this resolution.
CARRIED
(6) CONVEYANCE TO COSTCO WHOLESALE
CANADA LTD. – PARTS 8 AND 9, PLAN 65R- 28402,
BEING A PORTION OF KIRKHAM DRIVE (8.1)
1) That the report entitled “Conveyance to Costco Wholesale Canada Ltd. - Parts 8 and 9, Plan 65R-28402, being a portion of Kirkham Drive” be received; and,
2) That Parts 8 and 9, Plan 65R-28402 be declared surplus pursuant to Town of Markham By-law 178-96 and that notice of the proposed disposition of such lands be placed on the agenda for the Council meeting of June 3, 2009; and,
3) That a by-law be enacted to stop up and close Parts 8 and 9, Plan 65R-28402; and,
4) That a by-law be enacted authorizing the Mayor and Clerk to execute a Transfer of Land in favour of Costco Wholesale Canada Ltd. for nominal consideration and other related documents for the completion of this transaction, all in a form satisfactory to the Town Solicitor; and,
5) That Staff be authorized and directed to do all things necessary including execution of documents to give effect to this report; and further,
6) That the above resolutions be reported out in public Council meeting.
(Other Business 1) (By-laws 2009-63 and 2009-64)
CARRIED
(7) 2009 – 2010 ICE ALLOCATION (6.1)
1) That the report entitled “2009-2010 Ice Allocation Report” be received; and,
2) That Council approve the revised Ice Allocation Policy (Appendix A – note changes have been highlighted); and,
3) That Council approves the Ice Allocation Schedule (Appendix B) for the 2009-2010 ice season; and further,
4) That Staff be authorized and directed to do all things necessary to give effect to this resolution.
CARRIED
(8) 2009
– 2010 INDOOR SOCCER ALLOCATION (6.10)
1) That the report entitled “2009-2010 Indoor Soccer Allocation Report” be received; and,
2) That Council approve the revised Indoor Soccer Policy (Appendix A – note changes have been highlighted); and,
3) That Council approves the Indoor Soccer Schedule (Appendix B) for the 2009-2010 indoor field season; and further,
4) That Staff be authorized and directed to do all things necessary to give effect to this resolution.
CARRIED
(9) NEW PROVINCIAL REGULATIONS
RESPECTING THE USE AND SALE
OF COSMETIC PESTICIDES (2.20)
1) That Markham Staff Report on New Provincial Regulations
Respecting the Use and Sale of Cosmetic Pesticides dated May 25, 2009, be
received; and
2) That
the Town of Markham send a letter to the Premier of Ontario and Minister of the
Environment (MOE) to:
a) Commend
the Provincial Government for implementing a ban on the use and sale of
pesticides;
b) Request
that MOE provide municipalities with a detailed overview of its pesticide
education and enforcement program; details of its plan for the review of golf
course audit information; and a designated telephone number for use by
Municipal Law Enforcement Officers to report suspected or observed violations
of the Act;
c) Request
that the MOE allocate the appropriate levels of education and enforcement
related to use and sale of pesticides regulations; and
3) Staff
review the new Provincial pesticide regulations and draft appropriate wording
to be included in the letter to the Premier of Ontario and MOE requesting the
Provincial Government to:
a) Consider
further restricting the use of pesticides on hydro right of ways;
b) Review
the impact of storm water runoff from golf courses that are abutting
residential areas, including the Bayview Golf and Country Club in the Town of
Markham; and,
4) That
the letter to the Premier of Ontario and MOE be brought before General
Committee for review; and,
5) That
staff be requested to write to the Ontario Realty Corporation and Hydro One to
determine their practices with respect to the application of pesticides on
hydro corridors in the Town of Markham, particularly those areas used by
residents for recreational purposes; and,
6) That the Region of York be requested to undertake a Region-wide communication program targeting pesticide disposal across York Region to encourage the public to properly dispose of banned pesticides; and
7) That the proposed 2009 Pesticide Education/Outreach Program for the Town of Markham as described in this report be endorsed; and,
8) That staff be requested to report back in May, 2010, with an assessment of the effectiveness of the Provincial Education and Enforcement Plan relative to the Act; and,
9) That
a copy of this Report be circulated to local municipalities in the
10) That
environmental leadership, by-law enforcement and operations staff, in addition
to the Town’s Pesticide Committee be thanked for their ongoing efforts in
support of the development of the pesticides by-law and other environmental
initiatives; and further,
11) That Staff be authorized and directed to do all things necessary to give effect to this resolution.
CARRIED
6(b) REPORT NO. 41 - DEVELOPMENT SERVICES COMMITTEE (May 26, 2009)
Council consented to separate Item No. 1.
Moved by Councillor J. Webster
Seconded by Councillor D. Horchik
That Report No. 41 - Development Services Committee comprised of 1 item
be received and adopted.
(1) LESLIE STREET LRT
ENVIRONMENTAL ASSESSMENT
(YRRT) (5.7)
1) That
the presentation provided by Mr. Scott Thorburn, of URS, Consultant Ltd.,
regarding Leslie Street LRT Environmental Assessment (YRRT) be received; and,
2) That
the Town of Markham formally request that the Leslie Street LRT Environmental
Assessment be extended up to Major Mackenzie Drive based on the employment
figures from East Beaver Creek and West Beaver Creek; and,
3) That
this request be forwarded to the Region of York, Metrolinx, the Province of
Ontario, the Town of Richmond Hill, City of Toronto and local MPP’s; and
further,
4) That
the Region of York be requested to ensure adequate notice is provided to the
residents of Thornhill with respect to the public meetings for Leslie Street
LRT.
CARRIED
6(c) REPORT NO. 42 - GENERAL COMMITTEE (June 1, 2009)
Council consented to add Report No. 42 and to separate Item No. 2.
Moved by Councillor C. Moretti
Seconded by Councillor J. Virgilio
That Report No. 42 - General Committee comprised of 3 items be received and adopted, except Item No. 2. (See following Item No. 2)
(1) 311 CALL ROUTING AGREEMENT
WITH THE CITY OF TORONTO (7.16 & 8.2)
1) That the report entitled 311 Call Routing Agreement with the
City of Toronto be received; and,
2) That Council authorize the CAO to execute the 311 Call
Routing Agreement with the City of Toronto (Attachment 1) in a form
satisfactory to the Town Solicitor; and further,
3) And that
staff be authorized and directed to do all things necessary to give effect to
this resolution.
CARRIED
(2) CONTRACT
AWARD 039-T-09
MARKHAM FIRE STATION NO. 93
(CATHEDRAL) CONSTRUCTION
(7.12)
1) That the report titled “Contract Award 039-T-09 Markham Fire
Station No. 93 (Cathedral) Construction” be received; and,
2) That staff be authorized to award contract 039-T-09 to
the lowest priced qualified bidder Devlan Construction Ltd for the construction
of Fire Station #93 located at Major Mackenzie Drive and Woodbine Avenue, in
the amount of $2,998,000.00 exclusive of GST; and,
3) That the Architectural/Engineering Services fee for Thomas
Brown Architects be increased by $132,750 primarily to account for the
non-repeat design of the fire station as well as costs associated with
targeting the project to achieve LEED Gold Certification; and
4) That a contingency amount of $299,880.00, exclusive of GST,
be established to cover any additional construction costs, and that the
Director of Asset Management, or his designate, be authorized to approve the
expenditure of this contingency amount up to the specified limit in accordance
with the Town’s Expenditure Control Policy; and,
5) That staff be authorized to retain external project
management resource for the construction phase of Fire Station No. 93
(Cathedral), at an upset limit of $120,000 and in accordance with the
Purchasing Bylaw; and,
6) That the awards be funded from the Fire Station No. 93
(Cathedral) project budget account 067-5350-7710-005; and,
7) That the required additional $593,268.00 be funded from the
Development Charges Reserve; and,
8) That the project not include a cellular
tower on the site and that staff determine an alternative location for this
structure; and further,
9) That staff be authorized and directed to do all things
necessary to give effect to this resolution.
CARRIED
(3) FARMERS’ MARKET UNIONVILLE VILLAGE
CONSERVANCY PROPOSAL (5.7)
1) That the staff report titled Farmer’s Market: Unionville Village Conservancy Proposal, dated June 1, 2009, be received; and,
2)
That permission
be granted in
principle to the Unionville Village Conservancy by way
of an agreement/permit to use Town of Markham property at the Stiver Mill on
Station Lane in Unionville on Sundays from 10 am to 3 pm from July to
Thanksgiving 2009 as
a trial farmers’ market project, in a form satisfactory
to the Chief Administrative Officer and the Town Solicitor; and,
3)
That the Mayor
and Clerk be authorized to sign the agreement/permit with the Unionville
Village Conservancy; and,
4)
That Staff consult with affected neighbours, the Unionville Business
Improvement Area Board of Management, Unionville Village Conservancy, local
ratepayer groups and local councillor to resolve issues related to fencing and
waste management; and,
5)
That Staff investigate the option of locating parking at the Markham
Village Train Station and consult with tenant(s); and,
6)
That the correspondence from Unionville Village Conservancy be
received; and further,
7)
That Staff work
with the Unionville Village Conservancy and other stakeholders to promote the
Stiver Mill farmer’s market and local food agenda.
CARRIED
6(d) REPORT NO. 43 - DEVELOPMENT SERVICES COMMITTEE (June 2, 2009)
Council consented to add report No. 43 and to separate Item Nos. 7, 9 and 11.
Moved by Councillor J. Webster
Seconded by Councillor L. Kanapathi
That Report No. 43 - Development Services Committee comprised of 11 items be received and adopted, except Item Nos. 7, 9 and 11. (See following Item Nos. 7, 9 and 11)
(1) ACCEPTANCE FOR
MAINTENANCE
OF RESIDENTIAL SUBDIVISIONS
REGISTERED PLAN NUMBERS
65M-3794,
65M-3904, 65M-3078,
65M-4011, 65R-29254 PART 2,
65M-3961, 65M-3967, 65M-3888
65M-3759, 65M-3837,
65M-3838, 65R-29109 PARTS 5,
6, 7, 10, 11,
AND 13, 65M-3907 AND 65M-3908
(10.7)
1) That the report entitled “Acceptance for Maintenance of Residential Subdivisions Registered Plan Numbers 65M-3794, 65M-3904, 65M-3078, 65M-4011, Plan 65R-29254 Part 2, 65M-3961, 65M-3967, 65M-3888, 65M-3759, 65M-3837, 65M-3838, 65R-29109 Parts 5, 6, 7, 10, 11 and 13, 65M-3907 and 65M-3908 ”, dated June 3, 2009, be received; and,
2) That the municipal services in Subdivision Registered Plan numbers 65M-3794, 65M-3904, 65M-3078, 65M-4011, 65R-29254 Part 2, 65M-3961, 65M-3967, 65M-3888 and 65M-3759, 65M-3837, 65M-3838, 65R-29109 Parts 5, 6, 7, 10, 11 and 13, 65M-3907 and 65M-3908 be Accepted for Maintenance; and,
3) That by-laws be enacted by Council to accept these subdivisions and to establish each of the roads within the residential subdivisions as a public highway of the Town of Markham; and,
4) That the Community Services Commission accepts the responsibility for operating and maintaining the infrastructure within the subdivisions as part of the Town’s system; and,
5) That the Acceptance for Maintenance Period commence May 1, 2009; and,
6) That acceptance of the subdivision be taken into consideration in future operating budgets; and,
7) That the by-law to amend schedule ‘12’ of Traffic By-law #106-71, by including compulsory stops to the indicated streets, be approved; and,
8) That the by-law to amend Schedule ‘A’ of the Speed By-law #105-71, by including a maximum speed of 40 kilometers per hour for the streets indicated, be approved; and,
9) That the by-law to amend Schedule ‘F’ of the Speed By-law #105-71, by including a maximum speed of 50 kilometers per hour for the streets indicated, be approved; and,
10) That the by-law to amend Schedule ‘C’ of the Parking of Vehicles By-law #2005-188, by including prohibited parking on the streets indicated, be approved; and,
11) That the by-law to amend Schedule ‘E’ of the Parking of Vehicles By-law #2005-188, by including no stopping anytime on the streets indicated, be approved; and,
12) That the Mayor and Clerk be authorized to execute the necessary releases from the terms of the Subdivision Agreements, subject to confirmation from the Director of Engineering that the final two year guarantee periods have been completed; and further,
13) That Staff be authorized and directed to do all things necessary to give effect to this resolution.
(By-laws 2009-69
to 2009-86)
CARRIED
(2) REQUEST FOR DEMOLITION
- GARAGE
48 ALBERT STREET, MARKHAM
(16.11)
1) That Council endorse the demolition of the garage at 48 Albert Street located within the Markham Village Heritage Conservation District; and,
2) That Staff be authorized and directed to do all things necessary to give effect to this resolution.
CARRIED
(3) 1473092 ONTARIO LTD.
(METRUS DEVELOPMENTS)
SOUTH OF DONALD COUSENS
PARKWAY, EAST OF 9TH LINE
CORNELL COMMUNITY
IMPLEMENTING ZONING BY-LAW
AMENDMENTS
FOR THE FINAL PHASE OF A DRAFT
PLAN OF SUBDIVISION
(ZA 08 123717 AND SU 01
118320) (19TM-01015 – FINAL PHASE) (10.5)
1) That the report entitled “Recommendation Report, 1473092 Ontario Ltd. (Metrus Developments), South of Donald Cousens Parkway, east of 9th Line, Cornell Community, Implementing Zoning By-law amendments for the final phase of a draft plan of subdivision, File No’s.: ZA 08 123717 and SU 01 118320 (19TM-01015 – Final Phase)”, dated June 2, 2009 be received; and,
2) That application ZA 08 123717 for amendments to Zoning By-laws 304-87, as amended and 177-96, as amended, be approved; and,
3) That the draft amendments to Zoning
By-laws 304-87, as amended and 177-96, as amended, attached to this report
(Appendices A and B) be finalized and enacted without further notice; and,
4) That conditional 2011 servicing allocation for 31 units (114.7 pop.) be granted to plan of subdivision 19TM-01015 – Final Phase, from the total
allocation for the Cornell community, assigned in accordance with the February
12, 2008 report on servicing allocation; and further,
5) That
Staff be authorized and directed to do all things necessary to give effect to
this resolution.
CARRIED
(4) RODICK ROAD AND LAZENBY
COURT
PARKING PROHIBITION (5.12.4)
1) That the report entitled “Rodick Road & Lazenby Court Parking Prohibition”, be received; and,
2) That Schedule ‘C’ of Traffic By-law
2005-188 be amended to prohibit parking on the west side of Rodick Road, from
16th Avenue to the north property line of #2138 Rodick Road; and,
3) That Schedule ‘C’ of Traffic By-law
2005-188 be amended to prohibit parking on the east side of Rodick Road, from
the south property line of #2133 Rodick Road to the north property line of
#2137 Rodick Road; and,
4) That Schedule ‘C’ of Traffic By-law
2005-188 be amended to prohibit parking on the east side of Lazenby Court, from
Rodick Road to the north property line of #3 Lazenby Court; and,
5) That
the Operations Department be directed
to install the appropriate signs at the subject locations, funded
through the Operations Department account # 83-5399-8402-005; and,
6) That the Parking Control Department be directed to enforce the parking prohibition upon installation of the signs; and further,
7) That staff be authorized and directed to do all things necessary to give effect to this resolution.
(By-law 2009-87)
CARRIED
(5) CEDAR FOREST COURT
OVERNIGHT
PERMITTED PARKING
REMOVAL (5.12.4)
1) That the report entitled “Cedar Forest Court Overnight
Permitted Parking Removal”, be received; and,
2) That Schedule “B” of Parking By-law
2005-188 be amended to rescind overnight permitted parking on Cedar Forest Court, in its entirety; and,
3) That
the Operations Department be directed
to remove the appropriate signs at the subject locations to be funded
through the Operations Department account # 83-5399-8402-005; and,
4) That the Parking Control Department be directed to enforce the overnight parking prohibition between the hours of 2:30am and 6:00am, upon removal of the signs; and further,
5) That staff be authorized and directed to do all things necessary to give effect to this resolution.
By-law 2009-88)
CARRIED
(6) APPLICATION BY THE
CATHOLIC CEMETERIES
ARCHDIOCESE OF TORONTO
TO PERMIT AN INCREASE IN
CAPACITY IN PHASE 1
OF CHRIST THE KING CEMETERY
7770 STEELES AVENUE EAST
(10.0)
1) That the report entitled “Application by the Catholic Cemeteries Archdiocese of Toronto to permit an increase in capacity in Phase 1 of Christ the King Cemetery, 7770 Steeles Avenue East” be received; and,
2) That the application by the Catholic Cemeteries Archdiocese of Toronto to permit an increase in capacity in Phase 1 of Christ the King Cemetery at 7770 Steeles Avenue East, be approved; and,
3) That notice of Council approval be given to the applicant and the Registar in accordance with the Cemeteries Act (Revised); and further,
4) That Staff be authorized and directed to do all things necessary to give effect to this resolution.
CARRIED
(7) APPLICATIONS FOR ZONING
BY-LAW AMENDMENT
AND SITE PLAN APPROVAL TO
PERMIT A GAS
BAR,
CAR WASH, AND CONVENIENCE
STORE WITH A
DRIVE-THROUGH FACILITY AT 2801
ELGIN MILLS ROAD EAST
CLERA HOLDINGS LIMITED
(ZA 08 121296 & SC 08
129824) (10.5 & 10.6)
1) That the report dated June 2, 2009, entitled “Recommendation Report - Applications for Zoning By-law Amendment and Site Plan Approval to permit a gas bar, car wash, and convenience store with a drive-through facility at 2801 Elgin Mills Road East, Clera Holdings Limited” be received; and,
2) That Zoning By-law Amendment application (ZA 08 121296) to amend By-law 177-96, as amended, submitted by Clera Holdings to permit a gas bar, car wash, and convenience store with a drive-through facility at 2801 Elgin Mills Road, be approved and the draft Zoning By-law Amendment attached as Appendix ‘A’, be finalized and enacted; and,
3) That
Site Plan Approval application (SC 08 129824) submitted by Clera Holdings to
permit a gas bar, car wash, and convenience store with a drive-through facility
at 2801 Elgin Mills Road, be endorsed in principle, subject to the conditions
attached as Appendix “B” amended as follows:
- That
signage along the drive-thru with respect to the anti-idling by-law be
included; and,
4) That site plan approval be delegated to the Director of Planning and Urban Design or her designate, to be issued following execution of a site plan agreement. Site Plan approval is issued only when the Director has signed the site plan; and further,
5) That Staff be authorized and directed to do all things necessary to give effect to this resolution.
(By-law 2009-89)
CARRIED
(8) TRANSIT RAPIDWAY ON
MUNICIPAL
RIGHT OF WAY AND TOWN OWNED
LANDS (5.10)
1) That the June 2, 2009 report entitled “Transit Rapidway on Municipal Rights-of-Way and Town Owned Lands”, be received; and,
2) That the Draft Guiding Principles be endorsed for the encroachment and maintenance agreement(s); and,
3) That the staff be authorized, based on the Draft Guiding Principles, to finalize negotiations with the Regional Municipality of York, on the terms of the encroachment and maintenance agreement(s) which establish the operations, maintenance and financial responsibilities of the parties for the operations of rapid transit vehicles on the Transit Rapidway on municipal rights-of-way or Town owned lands; and,
4) That the Mayor and Clerk be authorized to execute construction agreement(s) with the Regional Municipality of York or its designate, in a form satisfactory to the Chief Administrative Officer and the Town Solicitor, designated for the construction of the Transit Rapidway and associated infrastructure on municipal rights-of-way or Town owned lands; and,
5) That the Mayor and the Clerk be authorized to execute encroachment and maintenance agreement(s) with the Regional Municipality of York or its designate in a form satisfactory to the Chief Administrative Officer and the Town Solicitor, for the use and long term maintenance of the Transit Rapidway on municipal rights-of-way or Town owned lands; and,
6) That the Chief Administrative Officer be authorized to execute amendments to the encroachment and maintenance agreement(s) with the Regional Municipality of York or its designate from time to time to reflect updated operations, maintenance and financial responsibilities; and,
7) That Staff be authorized and directed to do all things necessary to give effect to these resolutions; and further,
8) That this report be forwarded to Bill Fisch, Regional Chair, Regional Municipality of York and Mary-Frances Turner, Vice-President, York Region Rapid Transit Corporation.
CARRIED
(9) MILLIKEN RESERVOIR
& PUMPING STATION EXPANSION
AND KENNEDY ROAD
WATERMAIN CONSTRUCTION
MEMORANDUM OF UNDERSTANDING
WITH
CITY OF TORONTO AND REGION OF
YORK (5.3)
1) That the staff report entitled “Milliken Reservoir & Pumping Station Expansion, Memorandum of Understanding & Kennedy Road Watermain Construction Update” be received; and,
2) That the principles of an Agreement with the City of Toronto and Region of York as outlined in this report be endorsed; and,
3) That the Mayor and Clerk be authorized to execute a Memorandum of Understanding with the City of Toronto and Region of York to the satisfaction of the Chief Administrative Officer and the Town Solicitor; and,
4) That the Mayor and Clerk be authorized to
enter into agreements with the City of Toronto and Region of York based on the
principles set out in the Memorandum of Understanding including agreements for
the leasing of the City of Toronto lands for
recreational purposes and other items relating to the implementation of the
project; in a form
satisfactory to the Chief Administrative Officer, the Town Solicitor and Commissioner of Community and Fire Services; and,
5) That the Mayor and Clerk be authorized
to execute the necessary documents to acquire, amend or grant easements
required for the construction and operations of municipal services in a form
satisfactory to the Chief Administrative Officer
and the Town Solicitor; and,
6) That the temporary closure of Gorvette Drive and Clayton Drive at Kennedy Road to permit the construction of the City of Toronto’s Kennedy Road Trunk Watermain as outlined in this report be endorsed subject to the submission of traffic management and public communications plans to the satisfaction of the Director of Engineering; and,
7) That staff be authorized and directed to do all things necessary to give effect to these resolutions; and further,
8) That Mr. Patrick Newland, Director Water Treatment and Supply of City of Toronto and Ms. Erin Mahoney, Commissioner of Environmental Services Department shall be advised accordingly.
CARRIED
(10) ICLEI WORLD CONGRESS
2009 CONFERENCE (16.23)
That Council authorize
Councillor E. Shapero to attend the “ICLEI World Congress 2009 Conference” to
be held June 14 to 19, 2009 in the City of Edmonton and funded from the Council
Conferences Account (110-110-5200).
CARRIED
(11) SPORTS FACILITIES & FRANCHISES 2009 (16.23)
That Council authorize Regional Councillor J. Jones to attend the
“Sports Facilities & Franchises 2009” to be held June 10 to 11, 2009 in New
York City and funded from the Council Conferences Account (110-110-5200).
CARRIED
6(e) REPORT NO. 44 - SPECIAL DEVELOPMENT
SERVICES COMMITTEE
MEETING (June 2, 2009)
Council consented to add Report No. 44 and to separate Item No. 1.
Moved by Councillor V. Burke
Seconded by Regional Councillor J. Jones
That Report No. 44 - Special Development Services Committee comprised
of 1 item be received and adopted.
(1) WEST THORNHILL STORMWATER FLOOD
REMEDIATION CLASS EA STUDY
(5.7)
1) That
the report entitled “West Thornhill Stormwater
Remediation Class EA Study – Project Update” be received; and,
2) That the presentation provided by Ms. Phoebe
Fu, Manager, Capital Right-of-Way at the June 3, 2009 Council meeting regarding
the Project Update be received, and
3) That the presentation provided by Ms. Phoebe
Fu, Manager, Capital Right-of-Way at the June 2, 2009 Special Development
Services Committee meeting regarding the Project Update be received, and
4) That the deputations from Ms. Marilyn
Ginsburg, on behalf of the Grandview Area Residents Association, and Ms. Eileen
Liasi, on behalf of the German Mills Ratepayers Association at the June 2, 2009
Special Development Services Committee meeting be received, and
5) That
staff be directed to hold Public
Information Centre (PIC) No. 2 and present the draft preferred alternative
solution: "#4 - 100 year level of protection" to increase the level
of flood protection in West Thornhill Area; and,
6) That Council confirm its position
regarding the "#4 - 100 year level of protection" subsequent to the
announcement on the infrastructure grant funding and the submission of a final
recommendation of staff; and,
7) That staff report back to General
Committee with final recommendations on June 22, 2009; and
8) That
Staff be authorized and directed to do all things necessary to give effect to
this resolution.
CARRIED
6(f) REPORT NO. 45 - DEVELOPMENT SERVICES
PUBLIC MEETING
(June 2, 2009)
Council consented to add Report No. 45.
Moved by Councillor J. Webster
Seconded by Councillor D. Horchik
That Report No. 45 - Development Services Public Meeting comprised of 1
item be received and adopted.
(1) MARKHAM STOUFFVILLE HOSPITAL
ZONING BY-LAW AMENDMENT
APPLICATION
FOR ADDITIONAL HOSPITAL LANDS
(ZA.09-112246) (10.5)
1) That
the report from the Development Services Commission dated May 5, 2009, entitled
“Preliminary Report, Markham Stouffville Hospital Zoning By-law Amendment
Application for additional Hospital lands. File No. ZA 09-112246” be
received; and,
2) That
the Record of the Public Meeting held on June 2, 2009, with respect to the
rezoning application submitted by Markham Stouffville Hospital to amend By-laws
304-87 and 1229, both as amended, be received; and,
3) That
the application by Markham Stouffville Hospital to amend By-laws 304-87 and
1229, both as amended, be approved; and,
4) That the proposed amendments to By-laws 304-87 and 1229, both as amended, be enacted without further notice; and further,
5) That
Markham Stouffville Hospital is encouraged to transition the use of the two
parcels on the north side of Church Street from parking lots to other permitted
uses and that the Hospital be requested to engage in discussion with Town staff
and Council, upon the earlier of the completion of the Hospital's current
expansion or within 7 years, regarding the future use of these two parcels.
CARRIED
7. MOTIONS
There were no motions.
8. NOTICES OF MOTIONS
There were no notices of motions.
9. COMMUNICATIONS
There were no communications.
10. PROCLAMATIONS
(1) PROCLAMATIONS (3.4)
Moved by Councillor L. Kanapathi
Seconded by Councillor E. Shapero
1) That
the following be proclaimed in the Town of Markham:
- Ontario Family Fishing Weekend (July 10 to 12, 2009); and,
2) That
the Communications and Community Relations Department be requested to publish
the above proclamation in the local newspapers.
CARRIED
11. NEW/OTHER BUSINESS
(1) CONVEYANCE TO COSTCO WHOLESALE
CANADA LTD. – PARTS 8 AND 9, PLAN 65R- 28402,
BEING A PORTION OF KIRKHAM DRIVE (8.1)
NOTICES OF PROPOSED SALE
TOWN OF MARKHAM
PROPOSED SALE OF SURPLUS REAL
PROPERTY
(Pursuant to By-law 178-96)
Moved
by Councillor L. Kanapathi
Seconded
by Regional Councillor J. Jones
1) That
the notice of proposed sale for the Town own lands legally described as Parts 8 and 9, Plan 65R-28402, be confirmed.
(Item No. 6, Report No. 40) (By-laws 2009-63
& 2009-64)
CARRIED
(2) FLETCHER’S FIELDS, LTD.
- LIQUOR SALES LICENCE STADIUM
ENDORSEMENT APPLICATION (3.21)
Moved by Councillor D. Horchik
Seconded by Councillor J. Virgilio
Whereas the Alcohol and Gaming Commission of Ontario (AGCO) requires stadium
liquor licence applicants to obtain a Council resolution approving the issuance
of a Liquor Sales Licence Stadium Endorsement, prior to submitting an
application; and,
Whereas the licensee with a Stadium Endorsement must obtain approval
from the Registrar of the AGCO for the sale of service of liquor in the fixed
tiered seats of the stadium on an event-by-event basis; and,
Whereas a letter of request for Council’s approval was received from
the Fletcher’s Fields, Ltd., a non-profit sports club which manages a
twenty-acre rugby sports park and stadium in Markham; and,
Whereas Town staff, including Fire, Building and By-law have not
indicated any concerns with the application;
Now therefore be it resolved:
1) That the Council of the Corporation of the Town of Markham has
no objection to Fletcher’s Fields Ltd., 2743 19th Avenue, Markham,
applying to the AGCO for a Liquor Sales Licence Stadium Endorsement; and
2) That the Stadium Endorsement be limited to only Saturday
afternoons from 12:00 noon to 6:00 p.m.
CARRIED
(3) MARKHAM JAZZ FESTIVAL ROAD CLOSURE (3.5)
Moved by Deputy Mayor J. Heath
Seconded by Regional Councillor J. Jones
1) That Main Street Unionville from north side of Carlton Road to south side of Library Lane be closed to facilitate the Markham Jazz Festival on:
- Saturday, August 15, 2009 from 10:00 a.m. to 8:00 p.m.
- Sunday, August 16, 2009 from 10:00 a.m. to 7:00 p.m.
CARRIED
12. BY-LAWS
Council consented to add By-laws 2009-69 to 2009-89.
Moved by Councillor J. Virgilio
Seconded by Regional Councillor J. Jones
That By-laws
2009-63 to 2009-67 and By-laws 2009-69 to 2009-89 be given three readings and
enacted.
Three Readings
BY-LAW 2009-63 A by-law to stop up and close Kirkham Drive, more particularly described as Part of Block 17, Plan 65M-2843, designated as Part 8, Plan 65R-28402 and Part of Kirkham Drive, Plan 65M-2843, designated as Part 9, Plan 65R-28402.
(Item No. 6, Report No. 40)
BY-LAW 2009-64 A by-law to authorize the Mayor and Clerk to execute a Transfer of Land to Costco Wholesale Canada Ltd. and other related documents (Part of Block 17, Plan 65M-2843, designated as Part 8, Plan 65R-28402 and Part of Kirkham Drive, Plan 65M-2843, designated as Part 9, Plan 65R-28402).
(Item No. 6, Report No. 40)
BY-LAW 2009-65 A by-law to amend Zoning By-law 304-87, as amended (Jade-Kennedy Development Corporation (South Unionville Square), East side of Kennedy Road between Castan Avenue and future South Unionville Avenue- To delete subject the lands from By-law 304-87, as amended, so that they could be incorporated into By-law 177-96, as amended, to accommodate a mixed use development).
(Item No. 1, Report No. 32, 2009)
BY-LAW 2009-66 A by-law to amend Zoning By-law 177-96, as amended (Jade-Kennedy Development Corporation (South Unionville Square), East side of Kennedy Road between Castan Avenue and future South Unionville Avenue- To accommodate a mixed use development).
(Item No. 1, Report No. 32, 2009)
BY-LAW 2009-67 A by-law to amend Parking By-law 2005-188 (Administrative amendments for Section 6 related to "Emergency No Parking" signage).
BY-LAW 2009-69 A by-law to establish streets laid out according
to Plan of Subdivision 65M-3794 as public Highway (Wismer Markham Developments
Inc., Part of Lots 18, 19 and 20, Concession 7 - Herbert Calbert Drive, Castlemore Avenue, Kentland Street, Hammersly
Boulevard, Hartmoor Street, Macadam Road and Ralph Chalmers Avenue).
(Item No. 1, Report No. 43)
BY-LAW 2009-70 A by-law to establish streets laid out
according to Plan of Subdivision 65M-3904 as public Highway (973125 Ontario
Limited and 973125 Ontario Limited, Trustee, Part of Lots 15 and 16, Concession
4 and Part of Road Allowance between Lots 15 and 16, Concession 4 - 16th
Lane).
(Item No. 1, Report No. 43)
BY-LAW 2009-71 A by-law to establish streets laid out
according to Plan of Subdivision 65M-3078
as public Highway (Rust Developments Inc., Part of Lot 5, Concession 6 -
Deib Crescent, Hoake Road, Ashgrove Road, Queue
Road and Hepburn Street).
(Item No. 1, Report No. 43)
BY-LAW 2009-72 A by-law to establish streets laid out
according to Plan of Subdivision 65M-4011 as public Highway (Markham-Kirkham
Developments Inc., Costco Wholesale Canada Ltd., and The Corporation of the
Town of Markham, Part of Lot 4, Concession 8 - Karachi Drive, New Delhi Drive and
Kirkham Drive).
(Item No. 1, Report No. 43)
BY-LAW 2009-73 A by-law to establish streets as public
highways, being Part of Lot 3, Concession 8, designated as Part 2, Plan
65R-29254 (Costco Wholesale Canada Ltd. - New Delhi Drive).
(Item No. 1, Report No. 43)
BY-LAW 2009-74 A by-law to establish streets laid out
according to Plan of Subdivision 65M-3961 as public Highway (Ninth Line
Developments Limited, Part of Lots 18 and 19, Concession 8 - Harry Blaylock
Drive).
(Item No. 1, Report No. 43)
BY-LAW 2009-75 A by-law to establish streets laid out
according to Plan of Subdivision 65M-3967 as public Highway (16th
and McCowan Holdings Limited and Amber Plain Investments Limited, Part of Lots
16 and 17, Concession 7 - West Bay Drive and Alexander Lawrie Avenue).
(Item No. 1, Report No. 43)
BY-LAW 2009-76 A by-law to establish streets laid out
according to Plan of Subdivision 65M-3888 as public Highway (Cornell Rouge
Developments Corporation, Part of Lots 14 and 15, Concession 9 - White’s Hill Avenue, Morning Dove Drive, Countryside Street, Quail
Hollow, Sage Brush Street, Cornell Rouge Boulevard, Snow Creek Street, Albert
Lewis Street, Pinecliff Avenue, Hosta Avenue, Limestone Street, Balsam Street,
Rock Garden Street, John Allan Cameron Street, Summerside Street, Shady Oaks
Avenue, Country Green Lane, Hikers Lane, Old Oak Lane, Lane A, Lane B, Lane C,
Lane D, Lane E, Lane F, Lane G, Lane H, Lane I, Lane J, Lane K, Lane L, Lane M,
Lane N and Lane O).
(Item No. 1, Report No. 43)
BY-LAW 2009-77 A by-law to establish streets laid out
according to Plan of Subdivision 65M-3759 as public Highway (1473092 Ontario
Limited, Part of Lots 16, 17 and 18, Concession 9 - Berryman Lane, Pike Lane, Wild Oak Lane, Yale Lane, Lane A, Lane B,
Lane C, Lane D, Lane E, Lane F, Lane G, Lane H, Lane J, Lane K, Lane L, Lane M,
Lane N, Lane P, Lane Q, Lane R, Lane S, Lane T, Lane U, Lane V, Lane W, Lane X,
Lane Y, Lane Z, Lane AA, Lane BB, Lane CC, Lane DD, Lane EE, Bur Oak Avenue,
Cardrew Street, Chauncey Court, Country Glen Road, Evaridge Drive, Highbury
Court, Innisvale Drive, Ivy Stone Court, Northvale Road, Saddlebrook Drive,
Southampton Avenue, St. James Court, Tilbury Gate, Tottenham Court, Toulouse
Court and William Gaspar Court)
(Item No. 1, Report No. 43)
BY-LAW 2009-78 A by-law to establish streets laid out
according to Plan of Subdivision 65M-3837 as public Highway (Box Grove North Inc., Box Grove (Centre) Inc.and Box Grove Hill
Developments Inc., Part of Lots 6, 7 and Part of W ¼ of Lot 8 and Part of E ½
of W ½ of Lot 8, Concession 9
- 9th Line, Stonechurch Crescent, Condarcuri
Crescent, Albert Roffey Crescent, Riverwalk Drive, Rizal Avenue, Oakborough
Drive and Galten Road)
(Item No. 1, Report No. 43)
BY-LAW 2009-79 A by-law to establish streets laid out according to Plan of Subdivision 65M-3838 as public highway (Box Grove North Inc. and Box Grove Hill Developments Inc., Part of Lots 6, 7 and Part of NE ¼ Lot 8 and Part of S ½ of E ½ Lot 8, Concession 9 - Collingham Place, Boswell Road, Rizal Avenue, Oakborough Drive, Forestbrook Drive, Ada Gardens, Lundy Drive, Hawkweed Manor, Hislop Drive, Smoothwater Terrace and Bernbridge Road).
(Item No. 1, Report No. 43)
BY-LAW 2009-80 A by-law to establish streets laid out according to Plan of Subdivision 65M-3907 as public highway (Box Grove Hill Developments Inc., Box Grove North Inc. and Box Grove (Centre) Inc., Part of Lots 6, 7 and Part of W ¼ of Lot 8 and Part of the E ½ of W ½ of Lot 8, Concession 9 - Albert Roffey Crescent, Condarcuri Crescent, Stonechurch Crescent, Radmore Place, Lane, Everton Court and Copper Creek Drive.)
(Item No. 1, Report No. 43)
BY-LAW 2009-81 A by-law to establish streets laid out according to Plan of Subdivision 65M-3908 as public highway (Box Grove North Inc. and Box Grove Hill Developments Inc., Part of Lots 6 and 7 and Part of E ½ of W ½ of Lot 8, Concession 9 - Copper Creek Drive, Malborough Road and Smoothwater Terrace).
(Item No. 1, Report No. 43)
BY-LAW 2009-82 A by-law to amend Traffic By-law 106-71 (65M-3794, 65M-3904, 65M-3078, 65M-4011, Plan 65R-29254 Part 2,
65M-3961, 65M-3967, 65M-3888, 65M-3759, 65M-3837, 65M-3838, 65R-29109 Parts 5,
6, 7, 10, 11 and 13, 65M-3907 and 65M-3908 - To implement Compulsory Stops).
(Item No. 1, Report No. 43)
BY-LAW 2009-83 A by-law to amend Speed By-law 105-71 (65M-3794, 65M-3904, 65M-3078, 65M-4011, Plan 65R-29254 Part 2,
65M-3961, 65M-3967, 65M-3888, 65M-3759, 65M-3837, 65M-3838, 65R-29109 Parts 5,
6, 7, 10, 11 and 13, 65M-3907 and 65M-3908 - To define a maximum speed of 40
kilometers per hour).
(Item No. 1, Report No. 43)
BY-LAW 2009-84 A by-law to amend Speed By-law 105-71 (65M-3794, 65M-3904, 65M-3078, 65M-4011, Plan 65R-29254 Part 2,
65M-3961, 65M-3967, 65M-3888, 65M-3759, 65M-3837, 65M-3838, 65R-29109 Parts 5,
6, 7, 10, 11 and 13, 65M-3907 and 65M-3908 - To define a maximum speed of 50
kilometers per hour).
(Item No. 1, Report No. 43)
BY-LAW 2009-85 A by-law to amend Parking By-law 2005-188
(65M-3794, 65M-3904, 65M-3078, 65M-4011, Plan
65R-29254 Part 2, 65M-3961, 65M-3967, 65M-3888, 65M-3759, 65M-3837, 65M-3838,
65R-29109 Parts 5, 6, 7, 10, 11 and 13, 65M-3907 and 65M-3908 - To include
"Prohibited Parking" areas).
(Item No. 1, Report No. 43)
BY-LAW 2009-86 A by-law to amend Parking By-law 2005-188
(65M-3794, 65M-3904, 65M-3078, 65M-4011, Plan
65R-29254 Part 2, 65M-3961, 65M-3967, 65M-3888, 65M-3759, 65M-3837, 65M-3838,
65R-29109 Parts 5, 6, 7, 10, 11 and 13, 65M-3907 and 65M-3908 - To include
"No Stopping Zones" areas).
(Item No. 1, Report No. 43)
BY-LAW 2009-87 A by-law to amend Parking By-law 2005-188
(Rodick Road and Lazenby Court parking prohibition).
(Item No. 4, Report No. 43)
BY-LAW 2009-88 A by-law to amend Parking By-law 2005-188
(Cedar Forest Court overnight permitted parking removal).
(Item No. 5, Report No. 43)
BY-LAW 2009-89 A by-law to amend Zoning By-law 177-96, as amended (Clera Holdings, 2801 Elgin Mills Road - To permit a gas bar, car wash, a drive through service facility and accessory retail uses).
(Item No. 7, Report No. 43)
CARRIED
13. IN-CAMERA ITEMS
Council consented to add In-camera Item No. 4.
Moved by Councillor J. Virgilio
Seconded by Councillor E. Shapero
That, in accordance with Section 239 of the Municipal Act, Council resolve into an in-camera session to discuss In-Camera Items (1) to (4). (9:04 p.m.)
CARRIED
Moved by Councillor E. Shapero
Seconded by Regional Councillor J. Jones
That Council rise from the in-camera session and the Chair report In-Camera Items (1) to (4). (9:24 p.m.)
CARRIED
REPORT OF GENERAL COMMITTEE - June 1, 2009
(1) CENTENNIAL
COMMUNITY CENTRE
ADDITIONS AND RENOVATIONS
CONTRACT NUMBER 055-T-05
STATUS REPORT (6.6)
Moved by Councillor J. Webster
Seconded by Councillor L. Kanapathi
1) That
the confidential report entitled “Centennial Community Centre Additions and
Renovations, Contract Number 055-T-05 Status Report” be received for
information; and,
2) That
Staff be authorized and directed to take the actions set out in this report.
CARRIED
REPORT
OF DEVELOPMENT SERVICES COMMITTEE- June 2, 2009
(2) MINOR VARIANCE APPEAL TO OMB
31 ELGIN STREET, MARKHAM
LEGAL FILE NO. 09 0104 LG 0171
(10.0 & 8.0)
Moved by Councillor J. Webster
Seconded by Councillor L. Kanapathi
1) That
the report entitled “Minor Variance Appeal to OMB - -31 Elgin Street, Markham”
be received; and,
2) That
the Town Solicitor and Staff be instructed to attend the Ontario Municipal
Board (OMB) hearing of the minor variance appeal for 31 Elgin Street in
opposition to the application unless the applicant amends its application
before the OMB based on the revised drawings submitted to Staff; and,
3) That
if the application is amended before the OMB then the Town Solicitor be
instructed to attend the hearing of the minor variance appeal only to ensure
that the conditions of approval recommended by Staff, including a requirement
for a Landscape Plan, in respect of the revised drawings are imposed by the
OMB, should the OMB decide to allow the variance; and further,
4) That
Staff be authorized and directed to take the actions set out in this report.
CARRIED
(3) TOWN APPEAL OF COMMITTEE OF ADJUSTMENT
DECISION GRANTING MINOR
VARIANCE APPROVAL
FOR 13 CHIPPENHAM LANE
(A/23/09) (10.0 & 8.0)
Moved by Councillor J. Webster
Seconded by Councillor L. Kanapathi
1) That the staff report dated June 2, 2009, entitled “Recommendation Report. Town appeal of Committee of Adjustment decision granting minor variance approval for 13 Chippenham Lane (A/23/09)” be received; and,
2) That Council ratifies the action taken by staff initiating a placeholder appeal to the Ontario Municipal Board (OMB) in respect of the Committee of Adjustment’s decision on File A/23/09 and authorizes the continuance of the appeal to the OMB; and,
3) That Council directs the Town Solicitor and staff to prosecute the appeal before the OMB in order to overturn the minor variance approval granted by the Committee; and further,
4) That staff be authorized and directed to do all things necessary to give effect to these resolutions.
CARRIED
(4) ABSENCE
FROM MEETINGS
- REQUIREMENT UNDER MUNICIPAL
ACT (16.23)
Moved by Deputy Mayor J. Heath
Seconded by Regional Councillor J. Jones
That,
in accordance with Section 259(1)(c) of The Municipal Act 2001, Council
authorize the absence of Regional Councillor T. Wong, if required, from
meetings of Council from June 3, 2009 to October 1, 2009.
CARRIED
14. CONFIRMATORY BY-LAW
Moved by Councillor L. Kanapathi
Seconded by Councillor J. Virgilio
That By-law
2009-68 be given three readings and enacted.
Three Readings
BY-LAW 2009-68 A by-law to confirm the proceedings of the Council meeting of
June 3, 2009.
(Council Meeting No. 10, 2009)
CARRIED
15. ADJOURNMENT
Moved
by Councillor C. Moretti
Seconded
by Councillor J. Webster
That the meeting do adjourn.
CARRIED
Council adjourned at 9:27 p.m.
___________________________________ _____________________________________
KIMBERLEY KITTERINGHAM FRANK SCARPITTI
TOWN CLERK MAYOR
(Signed)