April
27, 2010
COUNCIL MINUTES Council Chamber, Civic Centre
Alternate
formats for this document are available upon request
ROLL
CALL
Mayor F. Scarpitti, Deputy Mayor J. Heath, 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.
REGRETS
Regional Councillor J. Jones.
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
K. Kitteringham, Town Clerk
A. Brouwer, Deputy Town
Clerk
R. Poon,
Technology Support Specialist
D. Flaherty, Acting Director, Communications & Community Relations
R. Capocci, Chief of Staff
A. Brown, Director of Engineering
B. Wiles, Manager of Enforcement and Licensing
The Regular Meeting of Council was held on April 27, 2010 at 7:06 p.m. in the Council Chamber, Civic Centre. Mayor F. Scarpitti presided.
Moved by Councillor A. Chiu
Seconded by Councillor D. Horchik
That the Minutes of the Council Meeting held on April 13, 2010, be adopted.
CARRIED
There were not presentations considered by Council.
Council consented to hear Delegations (1) to (3).
(Item 2, Report No. 21)
(Item No. 1, Report No. 21)
(Other Business 2)
Moved by Regional Councillor J. Virgilio
Seconded by Regional Councillor G. Landon
That Delegations (1) to (3) be received.
CARRIED
There were no petitions considered by Council.
Council consented to separate Item No. 2.
Moved by Regional Councillor J. Virgilio
Seconded by Councillor L. Kanapathi
That Report No. 20 - General Committee comprised of 2 items be received and adopted.
1) That
the presentation by Mr. B. Wiles, Manager of By-laws & Enforcement,
entitled “Election Signs Regulations” be received; and,
2) That
the proposed amending by-law to the Sign By-law 2002-94 be revised as outlined
below:
- Revise
Subsection (b) under Section 17.7 regarding Election Campaign Office to read as
follows:
"(b) Within 42 days of the applicable election
date, regular Sign By-law restrictions for the placement of signs in windows of
the portion of the building occupied by the candidate’s Election
Campaign Office are not applicable."
- Delete
the following Subsection (c) under Section 17.7 in its entirety:
"Election signs, placed pursuant to Subsection (a) or(b) of
Section 17.7 shall not be erected earlier than ninety (90) days prior to the
election date."; and further
3) That
the amending by-law to the Sign By-law 2002-94 regarding Election Sign
Regulations be enacted by Council.
(By-law 2010-57)
CARRIED
1) That the presentation entitled “Unionville Washrooms &
Welcome Centre” be received; and,
2) That the staff options presented at the April 19, 2010
General Committee meeting be presented to the residents at a future community
information meeting in order to obtain feedback and to decide on the best
alternative; and further,
3) That temporary washrooms be installed in the parking lot of
the train station for the Summer 2010.
CARRIED BY RECORDED VOTES
(See following recorded votes)
(See following motion to reconsider)
Resolution
No. 2 carried by a recorded vote as follows:
YEAS: Mayor F. Scarpitti, Regional Councillor G. Landon, Councillor C. Moretti, Councillor J. Webster, Councillor D. Horchik, Councillor A. Chiu. (6)
NAYS: Deputy Mayor J. Heath, Regional Councillor J. Virgilio, Councillor V. Burke, Councillor D. Hamilton, Councillor L. Kanapathi. (5)
ABSENT: Regional Councillor J. Jones, Councillor E. Shapero (not present during recorded vote period) (2)
Resolution
No. 3
carried by a recorded vote as follows:
YEAS: Mayor F. Scarpitti, Regional Councillor G. Landon, Councillor C. Moretti, Councillor J. Webster, Councillor D. Horchik, Councillor L. Kanapathi, Councillor A. Chiu. (7)
NAYS: Deputy Mayor J. Heath, Regional Councillor J. Virgilio, Councillor V. Burke, Councillor E. Shapero, Councillor D. Hamilton. (5)
ABSENT: Regional Councillor J. Jones. (1)
Immediately following the adoption of by-laws, Councillor D. Hamilton requested the motion regarding Unionville Washrooms & Welcome Centre adopted earlier by Council this date be reconsidered.
(See following motion to reconsider)
Moved by Regional Councillor J. Virgilio
Seconded by Councillor D. Horchik
That the motion regarding Unionville Washrooms & Welcome Centre
adopted earlier by Council this date be reconsidered at this time to provide
opportunity for Members of Council to vote on Resolution Nos. 2 and 3
independently.
CARRIED BY A 2/3 VOTE OF COUNCIL
Council consented to separate Items (1) and (2).
Moved by Councillor J. Webster
Seconded by Councillor D. Horchik
That Report No. 21 - Development Services Committee comprised of 2
items, as amended, be received and adopted.
1) That the staff report entitled “Peer Review of the Oak Ridges Moraine Boundary at 2780 – 19th Ave in Markham”, be received; and,
2) That the Survey Certificate prepared by Krcmar Surveyors Ltd dated April 1, 2010 certifying the topographic elevations prepared by Guido Papa Surveying Ltd dated November 2007 be accepted by the Town in accordance with Section 2(4) of the Oak Ridges Moraine Conservation Plan providing for the confirmation of the Oak Ridges Moraine boundary; and,
3) That the Town request the Region of York to accept the Survey Certificate prepared by Krcmar Surveyors and the Topographic Survey prepared by Guido Papa Surveying Ltd dated November 2007, for interpretation purposes relative to the Oak Ridges Moraine boundary; and,
4) That
the Town of Markham requests the Region of York to ask that the Honourable Jim
Bradley, Minister of Municipal Affairs and Housing effect a technical amendment
to the Greenbelt Plan Area to permit the deletion of the subject property from
the area and further request that the Honourable Brad Duguid,
Minister of Energy and Infrastructure make a parallel amendment to the Growth
Plan Area; and further,
5) That Staff be authorized and directed to do all things necessary to give effect to this resolution.
CARRIED AS AMENDED
(See following motion to amend)
Moved by Regional Councillor G. Landon
Seconded by Councillor C. Moretti
That Item No. 1 of Report No. 21 regarding Peer Review of the Oak Ridges Moraine Boundary at 2780 - 19th
Ave in Markham be amended as
follows:
Delete the
following proposed Resolution No. 4):
"4) That
this report be submitted to the Ministry of Municipal Affairs and Housing for
information;"
and replace it with the following revised
Resolution No. 4):
"4) That the Town of Markham requests the
Region of York to ask that the Honourable Jim Bradley, Minister of Municipal
Affairs and Housing effect a technical amendment to the Greenbelt Plan Area to
permit the deletion of the subject property from the area and further request
that the Honourable Brad Duguid, Minister of Energy
and Infrastructure make a parallel amendment to the Growth Plan Area; and
further,"
CARRIED
1) That the Cycling, and Pathways and Trails Master Plans be received and endorsed; and,
2) That during the land use, planning, transportation planning, parks planning and development approval processes the network vision and facility design guidelines outlined in the Cycling, and Pathways and Trails Master Plans be applied as appropriate; and,
3) That the location and design of the eastern and western extremities of
the proposed Milne Dam Conservation Area - Trails and Pathways be subject to
further detailed review, in consultation with the Milne Working Group, to align
the pathways from Toogood Pond to the west and the
Rouge Park trails to the east (east of the Milne Dam) and the crossings of the
Rouge River; and,
4) That the work done to-date on the Milne Dam Conservation
Area Trails and Pathways Project by the Milne Working Group will be fully considered
in the 5 Year (2010-2015) Implementation Program (Note: “Milne Dam Conservation
Area Trails and Pathways Project” and “Milne Park Pathway Project” as referred
in this report are one and the same); and,
5) That the area within the Milne Dam Conservation Area (Map 4)
be circled and indicate that it is subject to further review; and,
6) That the implementation of cycling, trails and pathways be
subject to public consultation and detailed design as approved by Council; and,
7) That staff be directed to incorporate the Cycling, Pathways and Trails Master Plans as an ‘appendix’ map to the new Town of Markham - Official Plan, with appropriate policy references; and,
8) That Council delegate authority to the Director of Engineering to update and amend the master plans network maps in consultation with the Cycling and Pedestrian Committee (CPAC) as required; and further,
9) That Staff be authorized and directed to do all things necessary to give effect to this resolution.
CARRIED AS AMENDED
(See following motion to amend)
Council consented to revise the word
"…trail…" to "…trails…" after the words "…the Rouge
Park…" contained in Resolution No. 3.
Council also consented to add the words "…done to-date…"
before the words "…on the Milne Dame Conservation Area…" in
Resolution No. 4.
Moved by Councillor C. Moretti
Seconded by Regional Councillor G. Landon
That the words "…Multi-Use Pathways…" referenced in
Resolution Nos. 3 and 4 be deleted and replaced with the words "…Trails
and Pathways…"
CARRIED
Moved by Councillor J. Webster
Seconded by Councillor D. Horchik
That Report No. 22 - Development Services Committee comprised of 3
items be received and adopted.
1) That Council endorse the demolition of the single detached garage at 361 Main St. N. 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
1) That the report dated April 20, 2010 entitled “Recommendation Report, Danvest Wismer Investments Limited and Dovcom Realty Inc. Phase 3, East of McCowan Road and south of Major Mackenzie Drive, Wismer Commons Community – Implementing Zoning By-law amendments for draft plan of subdivision 19TM-02009, File Numbers ZA 09-123881 and SU 02-115478-002” be received; and,
2) That the application ZA 09-123881 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 (Appendix ‘A’) be finalized and enacted without further notice; and,
4) That conditional 2011 servicing allocation be granted to plan of subdivision 19TM-02009 Phase 3, from the total allocation for the Wismer Commons Community, assigned in accordance with the February 12, 2008 and May 19, 2009 reports on servicing allocation as follows:
i) 208 units (690 population) to Danvest Wismer Investments Limited and Dovcom Realty Inc. comprised of 113 single detached units, 20 semi-detached units, 75 townhouse units;
ii) 31 units (103.8 population) to Amber Plains Developments Limited comprised of 15 single detached units and 16 semi-detached units; and
iii) 40.5 units (129.61 population) to Mackenzie Builders and Developers Ltd. comprised of 17.5 single detached units and 23 townhouse units.
5) That the Mayor and Clerk be authorized to enter into a No Presales Agreement, if required, with the Owner of Plan 19TM-02009 which agreement shall be registered on title, committing the Owner not to enter into any agreements of purchase and sale with anyone, including other developers or builders for future phases of these lands until:
i) York Region has advised in writing that the expected completion of the Southeast Collector Sewer will be within twelve (12) months;
ii) The Council of the Town of Markham has allocated adequate available water supply and sewage servicing capacity to the lands; and
iii) The Trustee for the Wismer Commons Developers’ Group Cost Sharing Agreement has assigned the remaining 192.5 units of conditional servicing (water and sewer) allocation to the Owner; and further,
6) That Staff be authorized and directed to do all things necessary to give effect to this resolution.
CARRIED
Report Attach A Attach B Attach C
1) That the staff report entitled “9th Line Proposed Heavy Truck Prohibition & Speed Limit Reduction”, be received; and,
2) That Schedule 14 of Traffic By-law 106-71 be amended to prohibit heavy truck traffic on 9th Line, between a point 200 metres north of Rouge Bank Drive and a point 170 meters south Sanders Drive; and,
3) That Schedule 14 of Traffic By-law 106-71 be amended to prohibit heavy truck traffic on Rouge Bank Drive, in its entirety; and,
4) That Schedule 14 of Traffic By-law 106-71 be amended to prohibit heavy truck traffic on Fieldside Street, in its entirety; and,
5) That Schedule 14 of Traffic By-law 106-71 be amended to prohibit heavy truck traffic on Legacy Drive, in its entirety; and,
6) That Schedule “A” (40 km/h) of Speed Limit By-law 105-71, be amended by including 9th
Line, between a point 200 metres north of Rouge Bank Drive and a point 170
meters south Sanders Drive; and,
7) 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,
8) That the Operations Department be directed to maintain the signs at the subject locations; and,
9) That York Region Police be directed to enforce the posted speed limit and the heavy truck prohibition upon installation of the signs; and further,
10) That staff be authorized and directed to do all things necessary to give effect to this resolution.
(By-law 2010-58
and 2010-59)
CARRIED
Moved by Regional Councillor J. Jones
Seconded by Councillor L. Kanapathi
Whereas the
Region of York created York Region Rapid Transit Corporation (YRRTC) to design, build and operate a rapid transit system
on Highway 7 and Yonge Street; and,
Whereas the YRRTC caused to be carried out an Environmental Assessment
(EA) for the operation of a Bus Rapid Transit (BRT)
and/or a Light Rail Transit (LRT), along with
stations and terminal on the Richmond Hill Centre; and,
Whereas as a result of “MoveOntario 2020”, the YRRTC
caused to be carried out an EA on the extension of the TTC
Subway from Finch Avenue to Richmond Hill Centre, and the YRRTC
determined that the terminus of the subway should be in the same location on the
Richmond Hill Centre as determined in the BRT/LRT
Environmental Assessment; and,
Whereas the Environmental Assessment now
underway by the Minister of Transportation of Ontario (MTO)
may join the BRT/YRT and TTC
subway station in the northerly area of the Richmond Hill/Langstaff
Gateway Growth Center; and,
Whereas a study is underway for a
storage location for between 14 and 26 trains on the Richmond Hill Center; and,
Whereas the Town of Markham and the Town
of Richmond Hill have carried out independent studies to create transit
dependent development which far exceeds the targets in the “Provincial Growth
Plan” which may not be achievable under the present configuration and location
of stations;
Now therefore be it resolved:
1) That the Mayor of the Town of Markham work with the Mayor of the Town of Richmond Hill to engage world class transportation engineers and urban designers to provide a study and comment on the York Region Rapid Transit Corporation designs and develop solutions that assist in achieving the planned densities, connectivity, and increased ridership, and creates the most efficient, seamless and timely transit experience for riders, and ensures that the transit plan is not adding unnecessary cost to the taxpayers; and,
2) That the study look at methods to bring the subway stations to the front door of the Langstaff Gateway and the Richmond Hill Centre, including a maximum access to the Highway 7 and Yonge Street Bus Rapid Transit/Light Rail Transit and the Ministry of Transportation of Ontario 407 Transitway; and,
3) That the study examine the storage of subway cars and subway construction staging areas under the hydro lines which will free up more land for transit dependent development; and further,
4) That
if the study finds better solutions for the Langstaff
Gateway and the Richmond Hill Centre, the Town of Markham and the Town of
Richmond Hill request Metrolinx to examine these
solutions and modify the environmental assessments to implement any of these
solutions identified and agreed to by the Town of Markham and the Town of
Richmond Hill.
REFERRED TO THE MAY 4, 2010
DEVELOPMENT SERVICES COMMITTEE
(See following motion to defer)
The
notice of this motion was given at the Council meeting held on April 13, 2010.
Moved by Councillor L. Kanapathi
Seconded by Regional Councillor J. Virgilio
That the motion regarding York Region Rapid Transit Corporation (YRRTC), along with the memorandum dated April 23, 2010 from the Commissioner of Development providing information on this matter, be referred to the May 4, 2010 Development Services Committee for discussion.
CARRIED
There were no notices of motions considered by Council.
Council consented to separate Communication No. 20-2010- See following:
Moved by Councillor D. Horchik
Seconded by Councillor L. Kanapathi
That Communication No. 20-2010 regarding the letters dated December 2, 2009 and February 2, 2010 from the Regional Municipality of York Police Services Board be referred to appropriate staff for a report.
CARRIED
Moved by Councillor A. Chiu
Seconded by Councillor E. Shapero
That Council
receive and consent to the disposition of communications in the following
manner:
December 2, 2009
- Forwarding Board's request to the local municipal governments within the Regional Municipality of York enact by-laws to enable the recovery of costs incurred by police in the dismantling of indoor marihuana grow operations and other chemical clandestine laboratories, and the removal and disposal of hazardous materials and other drug paraphernalia.
February 2, 2010
- Forwarding Board's request to support their view that persons who are granted a certificate to grow marihuana be in compliance with federal, provincial and local laws and regulations. (13.4.10)
- Main
Street Markham North from Highway 7 to South of Parkway Avenue.
- Access
east from Main Street Markham North is closed to:
a) Centre Street
b) Robinson Street.
- Access
west from Main Street Markham North is closed to:
b) Dublin Street
b) Robinson Street
c) Wilson Street (3.5)
(By-laws
2010-62 and 2010-63)
CARRIED
1) That
the following be proclaimed in the Town of Markham:
- Emergency Preparedness Week (May 2 to 8, 2010)
- Girl's
Rights Week (May 3 to May 7, 2010)
- Sexual Assault Prevention Month (May 2010)
- Children's Mental Health Week (May 2 to 9,
2010); and,
2) That
the Communications and Community Relations Department be requested to publish
the above proclamations in the local newspapers.
CARRIED
(See following motion)
Moved by Councillor A. Chiu
Seconded by Councillor V. Burke
That Proclamation Item No. (1) be received and adopted.
CARRIED
Council consented to add New/Other Businesses (2) and (3).
NOTICES OF PROPOSED SALE
TOWN OF MARKHAM
PROPOSED SALE OF SURPLUS
REAL PROPERTY
(Pursuant to By-law 178-96)
1) That the notice of proposed sale for the Town own lands legally described as 4561 Highway 7 (Montessori North School) be confirmed.
(In-Camera Item No. 2)
CARRIED
(See following Motion)
Moved by Regional Councillor J. Virgilio
Seconded by Regional Councillor G. Landon
That New/Other Businesses Item No. 1 regarding the notice of proposed sale for the Town own lands legally described as 4561 Highway 7 (Montessori North School) be adopted.
CARRIED
1) That the zoning by-law amendments attached hereto be
endorsed for approval by the Ontario Municipal Board substantially in the form
attached, subject to any minor amendments arising from a peer review by the
Town’s peer reviewer; and,
2) That the conditions of draft approval attached hereto be
endorsed for approval by the Ontario Municipal Board substantially in the form
attached, subject to final refinement to the satisfaction of the Commissioner
of Development Services; and,
3) That
the Precinct Plan for both the Aryeh and Times lands
dated April 2010 be endorsed, in principle, except for Section 3.30 and Figure
39 as they relate to the Aryeh lands, and that final
approval be delegated to the Commissioner of Development Services; and further,
4) That staff be authorized to do all
things necessary to give effect to these resolutions.
CARRIED
(See following motion)
Moved by Regional Councillor J. Virgilio
Seconded by Councillor D. Hamilton
That New/Other Businesses Item No. 2 regarding the Ontario Municipal Board Appeals for 1771107 Ontario Limited (The Times Group) be adopted.
CARRIED
1) That the Site Plan Application for 61 Nelson Street (SC 10108764) be approved.
CARRIED
(See following motion)
Moved by Councillor J. Webster
Seconded by Deputy Mayor J. Heath
That New/Other Businesses Item No. 3 regarding the Site Plan Application for 61 Nelson Street (SC 10108764) be adopted.
CARRIED
Council consented to add By-laws 2010-65 to 2010-71.
Moved by Councillor A. Chiu
Seconded by Regional Councillor G. Landon
That By-laws
2010-57 to 2010-63 and By-laws 2010-65 to 2010-71 be given three readings and
enacted.
(Item No. 1, Report No. 20)
(Item No. 3, Report No. 21)
(Item No. 3, Report No. 21)
(Communication No. 23-2010) (Item No. 2, Report No. 15, 2010)
(Communication No. 23-2010) (Item No. 2, Report No. 15, 2010)
(Item No. 1, Report No. 19, 2010)
(Item No. 8, Report No. 48, 2009)
(Item No. 8, Report No. 48, 2009)
(Item No. 2, Report No. 38, 2009)
(Item No. 2, Report No. 38, 2009)
CARRIED
Moved by Councillor E. Shapero
Seconded by Regional Councillor G. Landon
That, in accordance with Section 239 of the Municipal Act, Council resolve into an in-camera session to discuss In-camera Item Nos. (1) to (4). (9:05 p.m.)
CARRIED
Moved by Regional Councillor G. Landon
Seconded Councillor C. Moretti
That Council rise from the in-camera session and re-convene regular session. (9:14 p.m.)
CARRIED
REPORT
OF GENERAL COMMITTEE - April 19, 2010
1) That the confidential report entitled “Internal Road North of Sixteenth Avenue: Red Banner Developments Limited” be received; and,
2) That staff be directed to do all things necessary to give effect to this report.
CARRIED
(See following motion)
Moved by Councillor J. Webster
Seconded by Councillor A. Chiu
That In-camera Item No. 1 regarding Internal Road North of Sixteenth Avenue: Red Banner Developments Limited be received and adopted.
CARRIED
1) That the confidential report entitled “Proposed Sale of 4561 Highway 7 (Montessori North School) be received; and,
2) That 4561 Highway 7 (Montessori North School) be declared surplus; and further,
3) That staff be directed to do all things necessary to give effect to this report.
CARRIED
(See following motion)
Moved by Regional Councillor G. Landon
Seconded by Councillor D. Hamilton
That In-camera Item No. 2 regarding the proposed sale of 4561 Highway 7 (Montessori North School) be received and adopted.
CARRIED
REPORT
OF GENERAL COMMITTEE - April 26, 2010
1) That the confidential report entitled “Ontario Municipal Board Hearings 1771107 Ontario Limited (Times) and Aryeh Construction Limited” be received; and,
2) That staff be directed to do all things necessary, including the execution of documents, to give effect to the recommendations of this report and its attachments.
CARRIED
(See following motion)
Moved by Councillor C. Moretti
Seconded by Councillor A. Chiu
That In-camera Item No. 3 regarding the Ontario Municipal Board Hearings for 1771107 Ontario Limited (Times) and Aryeh Construction Limited be received and adopted.
CARRIED
1) That the confidential report dated April 14, 2010 from the Manager of Real Property regarding a property matter be received; and,
2) That staff be directed to do everything necessary to give effect to this report.
CARRIED BY A RECORDED VOTE (10:2)
(See following recorded vote)
YEAS: Mayor F. Scarpitti, Deputy Mayor J. Heath, Regional Councillor G. Landon, Regional Councillor J. Virgilio, Councillor D. Hamilton, Councillor C. Moretti, Councillor J. Webster, Councillor D. Horchik, Councillor L. Kanapathi, Councillor A. Chiu. (10)
NAYS: Councillor V. Burke, Councillor E. Shapero. (2)
ABSENT: Regional Councillor J. Jones. (1)
Moved by Councillor A. Chiu
Seconded by Councillor V. Burke
That By-law 2010-64
be given three readings and enacted.
CARRIED
Moved by Councillor A. Chiu
Seconded by Councillor D. Hamilton
That the meeting do adjourn.
CARRIED
Council adjourned at 9:18 p. m.
______________________________ ___________________________
KIMBERLEY
KITTERINGHAM FRANK
SCARPITTI
TOWN
CLERK MAYOR
(Signed)