January
19, 2010
COUNCIL MINUTES Council Chamber, Civic Centre
Meeting No. 1
Alternate
formats for this document are available upon request
ROLL
CALL
Mayor F. Scarpitti, Deputy Mayor J. Heath, Regional Councillor J. Jones, Regional Councillor G. Landon, Regional Councillor J. Virgilio, Councillor V. Burke, Councillor E. Shapero, Councillor D. Hamilton, Councillor C. Moretti, Councillor J. Webster, Councillor D. Horchik, Councillor L. Kanapathi, Councillor A. Chiu.
STAFF
J. Livey, Chief Administrative Officer
J. Baird, Commissioner of Development Services
B. Librecz, Commissioner of Community and Fire Services
C. Conrad, Town Solicitor
J. Lustig, Treasurer
K. Kitteringham, Town Clerk
A. Brouwer, Deputy Clerk
J. Wong, Technology Support
Specialist
D. Flaherty, Manager, Strategic Communications
The Regular Meeting of Council was held on January 19, 2010 at 7:07 p.m. in the Council Chamber, Civic Centre. Mayor F. Scarpitti presided.
1. DISCLOSURE OF PECUNIARY INTEREST
(1) Regional Councillor J. Virgilio disclosed an interest with respect to Item No. 2, Report No. 2 and Communication No. 2-2010, as he represent the applicant Springhill Macwood Homes Inc., and did not take part in the consideration or discussion of or vote on the question of the approval of such matter.
2. MINUTES
(1) COUNCIL MINUTES - DECEMBER 15, 2009
Moved by Councillor A. Chiu
Seconded by Councillor V. Burke
That the Minutes of the Council Meeting held on December 15, 2009, be adopted.
CARRIED
Moved by Regional Councillor G. Landon
Seconded by Regional Councillor J. Jones
That Council consider In-camera Item No. 1 and By-law 2010-5 regarding
the appointment of Treasurer immediately following the adoption of Council
minutes for December 15, 2009.
(See In-Camera Item No. 1 and By-law 2010-5 for Council's decision on
this matter)
CARRIED
3. PRESENTATIONS
There were no presentations.
4. DELEGATIONS
Council consented to add Delegation No. 1.
(1) Ms. Marion Matthias addressed Council with respect to the demolition permit for 93 John Street. (16.11)
5. PETITIONS
There were no petitions.
6(a) REPORT NO. 1 - GENERAL COMMITTEE (January 11, 2010)
Moved by Regional Councillor J. Virgilio
Seconded by Councillor C. Moretti
That Report No. 1 - General Committee comprised of 3 items be received and adopted.
(1) ADVISORY COMMITTEE APPOINTMENTS (16.24)
1) That
the following persons be appointed to the Victoria Square Community Centre
Board, for the term ending November 30, 2010 or until the appointment of successors:
Edith Friedel, Chairperson
Ruth Brock
Joy Mortson
Jean McCron
Don Boynton; and,
2) That the following persons be appointed to the Cycling and Pedestrian Advisory Committee for the term ending November 30, 2010, or until the appointment of successors:
Peter Miasek
Adam Poon
Gordon Walter
Jenika Wong; and,
3) That the resignation from Mr. Scott Labbett from the Advisory Committee on Accessibility
be received with regret and letter of appreciation be forwarded; and further,
4) That the vacancy be filled.
CARRIED
(2) SAINT
ROBERT ARTIFICIAL TURF FIELD
AND AIR SUPPORTED STRUCTURE
(RInC FUND) UPDATE (6.3)
1) That the report and presentation titled “Saint Roberts Artificial Turf Field and Air Supported Structure (RInC Fund) Update” be received; and,
2) That the conceptual site plan as presented herein for the Saint Robert Artificial Turf Field and Air Supported Structure be approved in principle; and,
3) That staff proceed with detailed design work, preparation of working drawings, tendering, and tender award as required to insure that construction of this facility commences as soon as possible; and,
4) That
staff be delegated authority for site plan approvals, and that staff work with
the Ward Councillor, the Ward One Councillor, and the Chair of Building, Parks
and Construction Committee to finalize the site plan; and further,
5) That staff be authorized and directed to do all things necessary to give effect to this resolution.
CARRIED
(3) ADVISORY
COMMITTEE APPOINTMENTS (16.24)
1) That
the following persons be appointed to the Canada Day Committee, for the
term ending November 30, 2010 or until the appointment of successors:
Jeanne
Bowman
Jaswant Dhanjal
Mitch
Reiss
Willie
Reiss
Richard
Wilson
Irene
Tse
Antonette Di Novo
Daisy
Jiang
Shervin Mohabbati
Peter Still
Leon Liu
CARRIED
6(b) REPORT NO. 2 - DEVELOPMENT SERVICES COMMITTEE (January 12, 2010)
Council consented to separate Item Nos. 1 and 2.
Moved by Councillor J. Webster
Seconded by Councillor D. Horchik
That Report No. 2 - Development Services Committee comprised of 4 items be received and adopted, except Item Nos. 1 and 2. (See following Item Nos. 1 and 2)
(1) DEMOLITION PERMIT
APPLICATION 09 125846 DP
DEMOLITION OF A
SINGLE DETACHED DWELLING
MR. JOSEPH MOZAFFARI,
APPLICANT
93 JOHN STREET
THORNHILL HERITAGE
CONSERVATION DISTRICT (16.11)
1) That the staff report titled “Demolition of a Single Detached Dwelling,” dated January 12, 2010, be received; and,
2) That Council approve the demolition permit application for the house at 93 John Street conditional upon:
a. The replacement dwelling being designed to comply with the policies and guidelines of the Thornhill Heritage Conservation District Plan;
b. The applicant obtaining Heritage Site Plan Approval for the replacement dwelling; and further,
3) That staff be authorized and directed to do all things necessary to give effect to this resolution.
CARRIED
Council consented to remove the words "…in principle…" after the words "That Council approve…" in Resolution No. 2.
(2) DRAFT PLAN OF
SUBDIVISION
AND ZONING APPLICATIONS
BY SPRINGHILL MACWOOD HOMES
INC
TO PERMIT A RESIDENTIAL AND
MIXED
USE DEVELOPMENT NORTH OF
HIGHWAY 7,
WEST OF CORNELL CENTRE BOULEVARD
IN THE CORNELL COMMUNITY
7128, 7170, AND 7186 HIGHWAY 7
(SU 04-028274
(19TM-040016) AND ZA 04-028028) (10.7, 10.5)
Report Figures Appendix A Appendix B Memo
1) That the report dated January 12, 2010 entitled “Recommendation Report. Draft Plan of Subdivision and zoning amendment applications by Springhill Macwood Homes Inc. to permit a residential and mixed-use development north of Highway 7, west of Cornell Centre Boulevard in the Cornell Community, 7128, 7170, and 7186 Highway 7, File Numbers: SU 04-028274 (19TM-040016) and ZA 04-028028” be received; and,
2) That the record of the Public Meeting held on November 21, 2006, regarding the applications for approval of Draft Plan of Subdivision and implementing Zoning By-law be received; and,
3) That
draft plan of subdivision (19TM-040016) submitted by Springhill Macwood Homes Inc. to permit residential and mixed use
development in the Cornell Community, be draft approved subject to the
conditions set out in Appendix ‘A’ to this report, as may be modified in
consultation with the applicant and the Trustee for the Cornell Developers
Group; and,
4) That
the application submitted by Springhill Macwood Homes
Inc. to amend Zoning By-law 304-87 and 177-96, as amended, be approved and the
draft by-laws attached as Appendix ‘B’ be finalized and enacted without further
notice; and,
5) That the Owner provide the Town with the required payment of 30% processing fees in accordance with the Town’s applicable Fee By-law; and,
6) That the draft plan approval for plan of subdivision 19TM-040016 will lapse after a period of three (3) years from the date of issuance in the event that a subdivision agreement is not executed within that period; and further,
7) That Staff be authorized and directed to do all things necessary to give effect to this resolution.
CARRIED
(Regional Councillor J. Virgilio abstained)
(3) FLATO MANAGEMENT INC.
ZONING BY-LAW
AMENDMENT APPLICATION
TO FACILITATE THE CREATION OF
EIGHT (8)
NEW SINGLE, RESIDENTIAL LOTS
ON THE SOUTH SIDE
OF HELEN AVENUE
IN SOUTH UNIONVILLE.
251 AND 271 HELEN AVENUE, AND
THE ABUTTING
VACANT LOT TO THE EAST
(ZA 09 107312) (10.5)
1) That the report dated January 12, 2010 titled “RECOMMENDATION REPORT, Flato Management Inc., Zoning By-law amendment application to facilitate the creation of eight (8) new single, residential lots on the south side of Helen Avenue in South Unionville, 251 & 271 Helen Avenue, and the abutting vacant lot to the east, File No. ZA 09 107312,” be received; and,
2) That the Zoning By-law amendment application (ZA 09 107312) submitted for 251 & 271 Helen Avenue, and the abutting vacant lot to the east, be approved, and that the implementing Zoning By-law amendment (ZA 09 107312) be finalized and enacted by Council; and further,
3) That Staff be authorized and directed to do all things necessary to give effect to this resolution.
CARRIED
(4) ONTARIO MUNICIPAL BOARD
APPEAL
2 TANG’S AUTOMOTIVE CENTRE
210 OLD KENNEDY ROAD, MAIN
STREET MILLIKEN
SITE PLAN APPLICATION TO
FACILITATE THE
EXPANSION OF AN EXISTING MOTOR
VEHICLE REPAIR GARAGE.
(SC 05 024524) (8.0, 10.6)
1) That the staff report dated January 12, 2010, titled “RECOMMENDATION REPORT, Ontario Municipal Board Appeal, 2 Tang’s Automotive Centre, 210 Old Kennedy Road, Main Street Milliken, Site plan application to facilitate the expansion of an existing motor vehicle repair garage, File No: SC 05 024524”, be received; and,
2) That the correspondence dated January 11, 2010 from Bratty and Partners LLP be received; and,
3) That Council endorse the site plan (File No: SC 05 024524), subject to the conditions attached in Appendix ‘A’, and,
4) That Council direct the Town Solicitor and Staff to attend the Ontario Municipal Board Hearing on January 28, 2010, to ensure that the conditions of site plan approval attached in Appendix ‘A’ are imposed by the Ontario Municipal Board; and,
5) That Council authorize the Mayor and Clerk to execute a site plan or other development agreement with the Owner of 210 Old Kennedy Road, in a form satisfactory to the Town Solicitor; and further,
6) That Staff be authorized to do all things necessary to give effect to these resolutions.
CARRIED
7. MOTIONS
(1) THE
HONOURABLE KATHLEEN WYNNE
MINISTER OF TRANSPORTATION
- MOVEONTARIO 2020 (5.10)
Whereas
the Town of Markham is pleased with the appointment of the Honourable
Kathleen Wynne as Minister of Transportation and the public statement that one
of the Minister's role is to implement the "MoveOntario
2020" agenda which includes, as a cornerstone, the extension of the Yonge Street subway from Finch Avenue to Highway 7; and,
Whereas
the Town of Markham has developed a transit dependent development plan of
15,000 condominium suites and 16,000 jobs at Highway 7 and Yonge
Street within the Richmond Hill/Langstaff Gateway
"Urban Growth Centre" that relies on "MoveOntario
2020";
Now therefore be
it resolved:
1) That the Town of Markham congratulate
and thank the Honourable Dalton McGuinty,
Premier of Ontario, on the appointment of the Honourable
Kathleen Wynne, Minister of Transportation of Ontario, and the commitment to
"MoveOntario 2020" and the Yonge Street subway extension.
CARRIED
(See following
motion)
Moved by Regional Councillor J. Jones
Seconded by Councillor
V. Burke
That Motion (1) regarding appointment of the
Honourable Kathleen Wynne, Minister of Transportation of Ontario, be approved.
CARRIED
(See following to introduce the motion)
Moved by Regional Councillor
J. Jones
Seconded by Councillor
V. Burke
That Council introduce
and consider Motion (1) regarding appointment of the Honourable Kathleen Wynne,
Minister of Transportation of Ontario.
CARRIED
(2/3 Vote was requested & obtained)
(2) HAITI EARTHQUAKE RELIEF EFFORTS (12.2.6)
Whereas a massive earthquake struck Haiti on Tuesday, January 12, 2010 causing untold damage and hardship to the citizens of Haiti; and,
Whereas the quake has resulted in death tolls of over 100,000 and has destroyed hundred of buildings in the area;
Now therefore be it resolved:
1) That the Town of Markham offer its deepest condolences to the citizens of Haiti; and,
2) That a grant in the amount of $7,500 be approved to assist with the Haiti disaster relief efforts; and further,
3) That such grant be directed through the Canadian Red Cross.
CARRIED
(See following motion)
Moved by Councillor L. Kanapathi
Seconded by Councillor
A. Chiu
That Motion (2) regarding Haiti earthquake relief efforts be approved.
CARRIED
(See following to introduce the motion)
Moved by Councillor L. Kanapathi
Seconded by Councillor
A. Chiu
That Council introduce and consider Motion (2) regarding Haiti earthquake relief efforts.
CARRIED
(2/3 Vote was requested & obtained)
8. NOTICES OF MOTIONS
There were no notices of motions.
9. COMMUNICATIONS
Council consented to separate Communication No. 2-2010 to provide an opportunity for Regional Councillor J. Virgilio to declare a conflict on the matter.
Moved by Councillor A. Chiu
Seconded by Councillor D. Horchik
That Council receive
and consent to the disposition of communications in the following manner:
Referred
to all Members of Council
1-2010 Heritage Markham extract dated January 13, 2010 – Outlining its decision with respect to the conceptual plans for the house at 93 John Street. (16.11)
(Item No. 1 Report No. 2)
2-2010 Commissioner of Development Services - Providing an update with respect to the draft plan of subdivision and zoning amendment applications by Springhill Macwood Homes Inc. to permit a residential and mixed-use development at 7128, 7170, and 7186 Highway 7. (10.7 & 10.5)
(Item No. 2 Report No. 2) (Regional Councillor J. Virgilio abstained)
CARRIED
10. PROCLAMATIONS
There were no proclamations.
11. NEW/OTHER BUSINESSES
(1) APPROVAL OF A MARKHAM DESIGNATED
HERITAGE PROPERTY
GRANT PROGRAM (16.11)
1) That the report entitled “Approval of a Markham Designated Heritage Property Grant Program”, dated January 12, 2010, be received; and,
2) That the memorandum from the Commissioner of Development Services dated January 15, 2010 providing an update on discussions, be received; and
3) That the Markham Designated Heritage Property Grant Program and Guidelines (attached as Appendix “A” to this report), be approved for a four year period (2010-2013) subject to the following amendments:
- The maximum amount of the grant be increased from $4,000 to $5,000;
- For Part V (Heritage District), the
definition of “properties of cultural heritage value or interest” be further
clarified in the Program Guidelines by indicating the property classification
system used in each heritage conservation district plan (i.e. in the Thornhill Heritage Conservation District Plan, Class A and
Class B properties are eligible);
- Projects in Markham Heritage Estates are
eligible for the grant program if the relocated building has been on the new
lot for at least 20 years;
- A property may receive one grant only for
exterior painting in documented original colours to a maximum of $2,000 or 25%
of the cost, whichever is the lesser; and,
4) That
a by-law be adopted to implement the program generally in the form attached as
Appendix “B” to this report and amended by this resolution; and,
5) That a reserve fund entitled “Designated Heritage Property Grants” be established; and,
6) That the Designated Heritage Property Grant Reserve Fund be allocated $120,000 in funding for the four year period (2010-2013) from the following sources:
(i) a transfer of $95,000 from the Heritage Loan Reserve Fund; and
(ii) a transfer of the $25,000 in the 2008 Capital Project -
Residential/Non-Commercial Heritage Grant Program; and,
7) That
staff be directed to provide an update on the program criteria, costs and
participation in the current heritage financial assistance programs; and,
8) That
staff investigate and report back on the concept of creating one overall fund
for the purpose of heritage property improvement using the current Heritage
Loan Fund, and accrued interest as the base funding; and further
9) That Staff be authorized and directed to do all things necessary to give effect to this resolution.
CARRIED
(See following motion)
Moved by Councillor V. Burke
Seconded by Deputy Mayor J. Heath
That New/Other Businesses (1) regarding Markham Heritage Property Grant Program be approved.
CARRIED
(2) APPOINTMENTS
TO THE
DOORS OPEN MARKHAM COMMITTEE (16.24)
- Judy Pfaff, member of the public
- Joanne Quinn, member of the public
- Denny Zhou, member of the public
- Deirdre Kavanagh, representing Heritage Markham
- Ronald Waine, representing Heritage Markham
- Enzo Greco, representing the Markham Museum
- George Duncan, representing Heritage Planning (non-voting)
- Anna Rose, representing Corporate Communications & Community Relations (non-voting)
CARRIED
(See following motion)
Moved by Councillor C. Moretti
Seconded by Councillor E. Shapero
That New/Other Businesses (2) regarding appointments to the Doors Open Markham Committee be approved.
CARRIED
(3) ADVISORY COMMITTEE APPOINTMENTS (16.24)
1) That the resignation of Deputy Mayor J. Heath from the Unionville Business Improvement Area (BIA) be accepted; and,
2) That Councillor D. Hamilton be appointed to the Unionville Business Improvement Area (BIA) for the term ending November 30, 2010.
CARRIED
(See following motion)
Moved by Deputy Mayor J. Heath
Seconded by Regional Councillor J. Virgilio
That New/Other Businesses (3) regarding appointment to the Unionville Business Improvement Area (BIA) be approved.
CARRIED
(2/3 Vote was
requested & obtained)
12. BY-LAWS
Council
consented to add By-law 2010-5 regarding the appointment of Treasurer
and to consider the matter immediately following the adoption of the Council
Minutes for December 15, 2009.
Moved by Councillor D. Horchik
Seconded by Regional Councillor J. Virgilio
That By-law 2010-5 be given
three readings and enacted.
CARRIED
Moved by Councillor A. Chiu
Seconded by Regional Councillor G. Landon
That By-laws 2010-1 to
2010-3 be given three readings and enacted.
Three Readings
BY-LAW 2010-1 A by-law to dedicate certain lands as part of the highways of the Town of Markham (Block 14, Plan 65M-3756 - Ian Baron Avenue).
BY-LAW 2010-2 A by-law to designate a property as being of Historic and/or Architectural Value or Interest (The James Rattle House, 73 Old Kennedy Road).
(Item No. 2, Report No. 64, 2009)
BY-LAW 2010-3 A by-law to dedicate certain lands as part of the highways of the Town of Markham (Block 66, Plan 65M-2974 – Tillie Square).
BY-LAW 2010-5 A by-law to appoint a Treasurer for The Corporation of the Town of Markham (Joel Lustig) (Repeals By-law 2009-197).
CARRIED
13. IN-CAMERA ITEMS
Council considered In-Camera Item (1) during the regular portion of the meeting and did not go into in-camera session.
REPORT
OF GENERAL COMMITTEE - January 11, 2010
(1) APPOINTMENT
OF TREASURER (16.24)
1) That, in accordance with Subsection 286 (1) of the Municipal Act, 2001, a by-law be passed to appoint Joel Lustig as Treasurer for the Corporation of the Town of Markham effective January 19, 2010; and
2) That By-law 2009-197 be repealed effective January 19, 2010.
(By-law 2010-5)
CARRIED
(See following motion)
Moved by Councillor D. Horchik
Seconded by Regional Councillor J. Virgilio
That In-camera Item No.1 regarding the appointment of Treasurer be received and adopted.
CARRIED
(See following motion to move forward the matter)
Moved by Regional
Councillor G. Landon
Seconded by Regional
Councillor J. Jones
That Council consider In-camera Item No. 1 and
By-law 2010-5 regarding the appointment of Treasurer immediately following the
adoption of Council minutes for December 15, 2009.
CARRIED
14. CONFIRMATORY BY-LAW
Moved by Councillor E. Shapero
Seconded by Councillor V. Burke
That By-law 2010-4
be given three readings and enacted.
Three Readings
BY-LAW 2010-4 A by-law to confirm the proceedings of the Council meeting
of January 19, 2010.
(Council Meeting No. 1)
CARRIED
15. ADJOURNMENT
Moved
by Councillor A. Chiu
Seconded
by Councillor L. Kanapathi
That the meeting do adjourn.
CARRIED
Council adjourned at 8:09 p.m.
___________________________________ _____________________________________
KIMBERLEY KITTERINGHAM FRANK SCARPITTI
TOWN CLERK MAYOR
(Signed)