COUNCIL
AGENDA
April
3, 2012, 7:00 p.m.
Council
Chamber, Anthony Roman Markham Civic Centre
Meeting
No. 6
TABLE OF CONTENTS
1............. DISCLOSURE
OF PECUNIARY INTEREST
(1).......... COUNCIL MINUTES
– MARCH 20, 2012
6(a) REPORT NO. 16 - GENERAL COMMITTEE (March 26,
2012)
(1).......... CONTRACT
EXTENSION FOR 007-T-09 TOWNWIDE CATCH BASIN CLEANING (5.10)
(2).......... AMENDMENT OF
WATERWORKS FEES (7.0)
(3).......... MARKHAM ARTS COUNCIL
(3.0)
6(b) REPORT NO. 17 - DEVELOPMENT SERVICES COMMITTEE
(March 27, 2012)
(1).......... AGRICULTURAL ADVISORY COMMITTEE MINUTES - FEBRUARY 2, 2012 (16.34)
(4).......... FEDERAL PARKS CANADA REVIEW FOR A ROUGE NATIONAL URBAN PARK (10.0)
(5).......... PROPOSED AMENDMENT TO THE CENTRAL PICKERING DEVELOPMENT PLAN (10.0)
6(c) REPORT NO. 18 - DEVELOPMENT SERVICES PUBLIC
MEETING (March 27, 2012)
(1).......... MARKHAM EAST TORONTO
RAIL ONTARIO-EXPRESS ALL DAY TRAIN SERVICE (5.14)
8............. NOTICES OF MOTIONS
15-2012................. ROAD
CLOSURE REQUEST - UNIONVILLE FESTIVAL 5 KM & 10 KM RUN (3.5)
16-2012................. ROAD
CLOSURE REQUEST – EASTER PARADE & EGG HUNT (3.5)
17-2012................. ROAD
CLOSURE REQUEST – CANADA DAY CELEBRATIONS (3.5)
(1).......... APPROVED
PROCLAMATIONS - FOR INFORMATION (3.4)
11.......... NEW/OTHER BUSINESSES
BY-LAW 2012-64........ ROAD DEDICATION
BY-LAW – RUSTLE WOODS AVENUE
BY-LAW 2012-65........ ROAD DEDICATION
BY-LAW – RIVERLANDS AVENUE AND CORNELL ROUGE BOULEVARD
BY-LAW 2012-66........ MATTAMY (WYKLAND)
LIMITED, PART LOT CONTROL EXEMPTION BY-LAW
BY-LAW 2012-67........ ELDIN HOMES
LIMITED, PART LOT CONTROL EXEMPTION BY-LAW
BY-LAW 2012-80........ S AND J REAL
ESTATE INVESTMENT CORP., PART LOT CONTROL EXEMPTION BY-LAW
14.......... CONFIRMATORY BY-LAW
BY-LAW 2012-83........ A BY-LAW TO
CONFIRM THE PROCEEDINGS OF THE COUNCIL MEETING OF APRIL 3, 2012.
1) That the Minutes of the Council Meeting held on March 20, 2012, be adopted.
PLEASE BRING YOUR MARCH 26, 2012
GENERAL COMMITTEE AGENDA
To the Mayor and Members of Council:
That the report of the General Committee be received and adopted. (Items
1 to 3):
(1) CONTRACT
EXTENSION FOR 007-T-09
TOWNWIDE CATCH BASIN CLEANING (5.10)
Report GC
Page 53
1) That
the report entitled “Contract Extension for 007-T-09 Townwide Catch Basin
Cleaning” be received; and,
2) That
contract 007-T-09 Townwide Catch Basin Cleaning be extended to Flow Kleen Tech
Ltd. for an additional three (3) years (April 1, 2012 to March 31, 2015) in the estimated annual amount of $221,424
inclusive of HST impact; and,
3) That
the Director of Operations and Manager of Purchasing be authorized to extend
the contract for Townwide Catch Basin Cleaning for two (2) additional years,
provided that it is in the best interest of the Town and increase per year does
not exceed 5% of the cost of the previous years contractual value; and,
4) That
the tendering process be waived in accordance with Purchasing By-Law 2004-341,
Part II, Section 7 (1) (c) which states “when the extension of an existing
contract would prove more cost-effective or beneficial”; and,
5) That
funds be provided from the budget accounts as listed in the Financial
Considerations in the amount of $221,424, inclusive of HST impact; and,
6) That
the award for 2013 – 2015 be funded from the respective years operating budget
accounts subject to Council approval of the annual operating budgets; and,
7) That
this report be brought forward to the April 3rd, 2012 Council meeting; and
further,
8) That
Staff be authorized and directed to do all things necessary to give effect to
this resolution.
(2) AMENDMENT OF WATERWORKS FEES (7.0)
Report Attachment
A GC
Page 56
1) That the report titled “Amendment of
Waterworks Fees” be received; and,
2) That the proposed fees outlined in
Attachment ‘A’ for services provided by the Waterworks Division be approved
effective June 1, 2012; and,
3) That By-Law No. 2002-276 be amended to
update the user fees set under ‘Community Services – Water’ section of Schedule
A, with fees outlined in Attachment ‘A’; and,
4) That the Director of the department be authorized to set future increases
annually based on the change in the Consumer Price Index (Toronto All Items
September – September) with such increases effective January 1 and rounded to
the nearest half dollar; and,
5) That staff
report back on the possibility to exempt the waterworks service fee to turn
water off at the curb during emergency situations and the monitoring of water
trucks filling up from fire hydrants; and further,
6) That Staff be authorized and directed
to do all things necessary to give effect to this resolution.
(3) MARKHAM ARTS COUNCIL (3.0)
Report GC
Page 62
1) That
the report titled Markham Arts Council (MAC) be received; and,
2) That
Council approve a 10 year unsecured, interest free loan of $66,000 to the
Markham Arts Council, repayable in ten (10) equal installments commencing
November 1, 2013; and,
3) That
Council authorize the execution of a loan agreement to the satisfaction of the
Chief Administrative Officer and the Town Solicitor based on the terms outlined
in the report including that no liability be incurred to any of the Board
Members or staff of the Markham Arts Council; and,
4) That
Council authorize the Commissioner of Community and Fire Service to enter into
a Partnership Agreement that would outline roles, expectations and
accountabilities between the Markham Arts Council and the Town of Markham under
the stewardship of the Department of Culture; and further,
5) That
staff be authorized and directed to do all things necessary to give effect to
this resolution.
PLEASE BRING YOUR MARCH 27, 2012
DEVELOPMENT SERVICES COMMITTEE AGENDA
To the Mayor and Members of
Council:
That the report of the
Development Services Committee be received & adopted. (Items 1 to 6):
Minutes Appendix A DSC Page 35
1) That the minutes of the Agricultural Advisory Committee meeting held February 2, 2012, be received for information purposes; and,
2) That the following recommendation from the Agricultural Advisory Committee meeting held on February 2, 2012 be endorsed:
"That the revised Agricultural Advisory Committee Terms of Reference be
approved to acknowledge the agency members as voting members as presented in
Appendix A."
Report Attachment DSC Page 45
1) That as recommended by Heritage Markham, the Jarvis-Fairty House – 6350 Steeles Avenue, be approved for designation under Part IV of the Ontario Heritage Act as a property of cultural heritage value or interest; and,
2) That the
Clerk’s Department be authorized to publish and serve Council’s Notice of
Intention to Designate as per the requirements of the Ontario Heritage Act;
and,
3) That if there are no objections to the designation in accordance with the provisions of the Ontario Heritage Act, the Clerk be authorized to place a designation by-law before Council for adoption; and,
4) That if there are any objections in accordance with the provisions of the Ontario Heritage Act, the Clerk be directed to refer the proposed designation to the Ontario Conservation Review Board; and further,
5) That Staff be authorized and directed to do all things necessary to give effect to this resolution.
Memo DSC Page 57
1) That the staff memorandum entitled “Revised Location for the Casely Heritage House, 198 Angus Glen Boulevard, Angus Glen West Village, Building Permit to Break Foundation 12 111426 DP,” dated March 27, 2012, be received; and,
2) That Council approve the new location for the Casely House on “Lot 26” of the proposed future plan of subdivision subject to:
a) the proposed lot in the future plan of subdivision being increased in size to adequately accommodate the size of the heritage dwelling;
b) the applicant providing a Letter of Undertaking with (i) a commitment to complete the site plan agreement for the Casely House within three (3) months, and (ii) a timeline for the Casely House to be placed on a new foundation acceptable to the Commissioner of Development Services;
c) the applicant providing the required financial security of $100,000 along with the Undertaking prior to the issuance of the Building Permit to Break Foundation.
d) the building being properly secured/boarded and made weather-tight once it is removed from its foundation, including any openings in the floor and any window openings; and
e) the temporary relocation area being fenced off to provide security for the heritage building; and,
3) That Council has no objection to the building permit submitted to allow the Casely House to be broken from its foundation and relocated to the property (Lot 26) where it will be stored pending the completion of the site plan agreement and approval of the future plan of subdivision for the specific area, but that the permit only be released once the Undertaking is signed by the applicant and the required financial security has been provided to the Town, to the satisfaction of the Commissioner of Development Services; and further,
4) That Staff be authorized and directed to do all things necessary to give effect to this resolution.
Report Attachment DSC Page 86
1) That the staff report entitled Federal Parks Canada Review for a Rouge National Urban Park dated March 27, 2012 be received; and,
2) That Council endorse the Parks Canada partnership ‘Statement of Intent – Towards Cooperation and Collaboration in the establishment of a national urban park in the Rouge Valley’ and continue to advance the Federal Rouge Park planning process as identified in this report; and,
3) That staff continue to monitor and participate in landowners discussions and stakeholder discussions regarding a new Rouge National Urban Park and any alternative interim and long term Rouge Park arrangements;
4) That staff schedule a discussion item for the Rouge National Urban Park at a Part A Development Services Committee meeting in April to identify Markham’s interests and requirements relative to the proposed National Park including, but not limited to:
§ consideration of Milne Dam Conservation Area and other inclusions and exclusions for the Rouge National Urban Park
§ consideration of a potential large group picnic area, potential activity and/or cultural centre and other public uses
§ discussion of long term management options of residential and agricultural leases
§ discussion of heritage building strategy and Transport Canada’s building demolition requests
§ provision for maintenance and operations facilities
§ provision for existing and planned infrastructure
§ review relevant recommendations of Markham’s Rouge Park Implementation Task Force
§ other relevant matters as determined by staff; and,
5) That Parks Canada staff be invited to meet with the Town (Markham and Region Rouge Park Alliance representatives, other interested Members of Council and Town staff) following the Park A session and release of the Federal Budget, to discuss Markham’s interests in the Rouge National Urban Park; and,
6) That Council reaffirm its December 13, 2011 resolution (Appendix ‘C’) requesting Parks Canada and Transport Canada to work together with respect to heritage buildings on the Pickering Airport lands, which are under consideration as part of the Rouge National Urban Park; and,
7) That this staff report be forwarded to Parks Canada, Transport Canada, Province of Ontario (represented by Ministry of Infrastructure), Rouge Park Alliance, City of Toronto, Region of York, Toronto and Region Conservation Authority, City of Pickering and Region of Durham for information; and further,
8) That Staff be authorized and directed to do all things necessary to give effect to this resolution.
Report DSC Page 106
1) That the report entitled “Proposed Amendment to the Central
Pickering Development Plan,” dated March 27, 2012 be received; and,
2) That the Region of York be requested to continue to address the
need to protect the Community of Box Grove and the Bob Hunter Memorial
Park/Rouge Park in negotiations with the Province and the Region of Durham
pertaining to transportation planning and related infrastructure decisions;
and,
3) That this report be forwarded to the Ministry of Municipal
Affairs and Housing by April 2, 2012; and further,
4) That staff be authorized and directed to do all things
necessary to give effect to this resolution.
Report Attachment
A1-A3 Attachment
B1-B3
Attach
C Attach
D Attach
E Attach
F
DSC
report tabled
1) That
the deputation by Diane Kobalowsky, representing Markham Village BIA, be
received; and,
2) That the staff report entitled “Main Street Reconstruction Update, Highway 7 to Bullock Drive – Underground Services”, be received; and,
3) That Main St. Markham from Bullock Drive to Highway 7 be restricted to one lane southbound, and no northbound traffic, from July 2, 2012 to November 19, 2012 to facilitate the replacement of underground services on Main Street; and,
4) That, Schedule “C” of Traffic By-law 2005-188, restricting parking be amended by including both the west and east sides of Main Street Markham North, between Highway 7 and Bullock Drive; and,
5) That, upon completion of the project, Schedule “C” of Traffic By-law 2005-188, be amended by rescinding the parking restriction on both sides of Main Street Markham North, between Highway 7 and Bullock Drive; and,
6) That the Parking Control Department be directed to enforce the parking prohibition upon installation of the signs; and,
7) That the Director of Engineering be authorized to finalize and implement the traffic management plan in consultation with the Region of York, Operations Department, the Fire and Emergency Services Department, and the Project Liaison Committee; and,
8) That staff and the Markham Village BIA be authorized to finalize the draft Marketing Plan and implement such; and,
9) That a maximum $30,825.00 + HST from capital account (083-5350-12048-005) be authorized to implement the draft Marketing Plan for 2012 subject to conditions specified in this report; and,
10) That Staff be authorized to proceed with the tender for the underground servicing upgrades from Highway 7 to Bullock Drive based on the construction staging and road closures outlined in this report; and,
11) That the Robinson Street bridge rehabilitation works be carried out between July and September 2012; and further,
12) That Staff be authorized and directed to do all things necessary to give effect to this resolution.
(By-laws 2012-79)
PLEASE BRING YOUR MARCH 27, 2012
DEVELOPMENT SERVICES PUBLIC MEETING AGENDA
To the Mayor and Members of
Council:
That the report of the
Development Services Public Meeting be received & adopted.
(Item 1):
Report DSC
Public Meeting Page 11
1)
That correspondence from John Webster, Doris
Cheng, Mike McLean, James Andrew, Eileen Liasi, Roy Vanek, and Marilyn Ginsberg
representing the Grandview Residents Association and
the Bayview Glen Residents Association, with comments regarding the proposed prohibition
of reverse slope driveways, be received; and
2)
That the deputations by Marilyn Ginsberg representing the Grandview Residents Association and the Bayview
Glen Residents Association, Marion Matthias, and Roy Vanek regarding the proposed
prohibition of reverse slope driveways, be received; and
3) That the Development Services Commission report dated
December 6, 2011 entitled “PRELIMINARY REPORT – Proposed Zoning By-law
Amendment to Prohibit New Reverse Slope Driveways in the Town of Markham, File
Number: ZA 11-128052” be received; and,
4) That the record of the Public Meeting held on March 27,
2012, with respect to the proposed Zoning By-law Amendment to Prohibit New
Reverse Slope Driveways in the Town of Markham (ZA 11-128052) be received; and,
5) That the proposed
amendments include an
exemption for properties with naturally sloping topography, with an evaluation
by Engineering staff regarding appropriate measures to be taken; and,
6) That the Zoning By-law
Amendment application (ZA 11-128052) to amend Zoning By-laws 1229, 1442, 1507,
1767, 1914, 2053, 2150, 2237, 2284-68, 2402, 2489, 2551, 2571, 2612, 11-72,
122-72, 77-73, 83-73, 84-73, 119-73, 151-75, 88-76, 127-76, 250-77, 145-78,
162-78, 163-78, 184-78, 72-79, 91-79, 118-79, 134-79, 153-80, 165-80, 72-81,
90-81, 108-81, 193-81, 221-81, 28-82, 194-82, 196-82, 47-85, 304-87, 19-94,
177-96, as amended by 28-97, as amended, and 2004-196, as amended, be approved;
and further,
7) That the proposed
amendment to Zoning By-laws 1229, 1442, 1507, 1767, 1914, 2053, 2150, 2237,
2284-68, 2402, 2489, 2551, 2571, 2612, 11-72, 122-72, 77-73, 83-73, 84-73,
119-73, 151-75, 88-76, 127-76, 250-77, 145-78, 162-78, 163-78, 184-78, 72-79,
91-79, 118-79, 134-79, 153-80, 165-80, 72-81, 90-81, 108-81, 193-81, 221-81,
28-82, 194-82, 196-82, 47-85, 304-87, 19-94, 177-96, as amended by 28-97, as
amended, and 2004-196, as amended, be enacted without further notice.
(By-law 2012-82)
Note: This motion was referred from the March 20, 2012 Council meeting.
Regional
Councillor Jim Jones has requested the motion be revised slightly – The revisions
are highlighted in bold.
Moved by Regional Councillor Jim Jones
Seconded by Councillor Colin Campbell
Revised
motion for Council's consideration:
WHEREAS the Metrolinx Regional Transportation Plan 2009 (“The Big Move
2020”) identifies full day, 2-way service on the Stouffville line from Mount
Joy to Toronto’s Union Station as part of the 15 year plan for Regional Rapid
Transit; and,
Whereas GO Transit will be undertaking an Environmental Assessment (EA)
study on the Stouffville line for future infrastructure improvements in Markham
and Toronto to provide for the planned full day, 2-way service, to be
operational between Markham Center and Toronto’s Union Station by 2014; and,
Whereas Metrolinx in 2013 is reviewing and updating its Regional Big
Move 2020 Transportation Plan. The Stouffville Go Line should be considered for
electrification in its entirety; and,
Whereas the Stouffville Rail Corridor Environmental Assessment process
allows opportunities to consider alternative technologies.
These alternative technologies include MagLev which is currently used in
major centers and is extremely quiet, affordable, efficient and fast; and,
Whereas smaller, more cost effective diesel-electric multiple unit
(DEMU), trains that are used throughout Europe, in use today in Ottawa on their
O-Train line, and is currently being
implemented between Toronto Pearson Airport and Union Station; and,
Whereas consideration should be given to go directly to Electric Train
Technology for the Stouffville GO Line; and,
Whereas the electric technology will enable more frequent, lower cost
service, with a greater number of new stations stops along the route and improve travel time to
our transit riders; and,
Whereas the electric technology trains could carry a similar or larger
number of transit rides than subway service; and,
And Whereas the Markham East Toronto Rail Ontario-Express (I-METRO-E) concept would enable more frequent headways, and more frequent transit stops along this approved north-south rapid transit corridor between Stouffville and Union Station; and,
Whereas this north-south corridor will also interconnect with a number
of existing and planned east-west rapid transit corridors, including VIVA bus
rapid transit, 407 Rail Transitway, Steeles BRT/LRT. Finch BRT/LRT, Sheppard,
Eglinton-Crosstown, and Bloor-Danforth Subway, and Lakeshore East GO; and,
Whereas the I-METRO-E would
stimulate transit dependant development (TDD) and redevelopment along I-METRO-E transit corridor; and,
Whereas climate change, global warming, end of oil and gridlock are
issues facing all major cities, it is important that all station communities
are TDD designed systems to be net zero
in energy, waste and emissions and produce the best public realm and quality
of life for our citizens; and,
Whereas I-METRO-E would reduce automobile
dependence, energy consumption and would promote environmental, social and economic
sustainability initiatives; and,
Whereas
Metrolinx has allocated their budget for transit projects for the next five
years and revenues from development charges, TIFs, Section 37, HST, taxes, Gas
Taxes increased user fees, improve operating performance are viable and can be
leveraged within a Public Private Partnership (P3) model;
Now therefore be it resolved:
1) That
a steering committee co-chaired by Markham Regional Councillor Jim Jones and a
member of Toronto Council selected by City of Toronto Council be created. The committee will determine its membership
which will include members of Markham, Toronto Council and other municipalities
and levels of Government. This committee
will focus on station and rail strategy, TDD, community planning, Government
Relationships and Public Private Partnerships; and
2) That the Steering Committee seek advice from the participating government bodies,
agencies and other sources as determined
by the committee with respect to terms of reference and funding requirements for comprehensive
studies and reports that would be required to pursue the I-METRO-E
concept; and
3) That a working group reporting to the steering
committee be formed of representatives
from Metrolinx, the City of Toronto, the Region of York, and the Town of
Markham to review the need and justification of the I-METRO-E
concept, and the associated transportation, land use planning and economic
development benefits; and
4) THAT Metrolinx and other government agencies and
stakeholders at the Federal, Provincial, Regional and Municipal level be
requested to consider the merit and implications of the I-METRO-E
concept and Maglev/Electric/DEMU technology on the Stouffville rail
line in the context of the current review and update of the Metrolinx Regional
Transportation Plan and Metrolinx Environment Assessment Study for the GO’s
Stouffville Line; and further,
5) That copies of this resolution be forwarded to the Premier
of Ontario, the Federal Ministers of Finance, Transportation, Infrastructure
and the Provincial Ministers of Finance, Transportation and Infrastructure
Ontario, East Toronto and Markham area MPP’s, the City of Toronto, the Mayor
and Council members of the City Toronto, the Toronto Transit Commission,
Metrolinx, York Region and York Rapid Transit Corporation.
Motion
from the March 20, 2012 Council meeting - for reference purposes:
Whereas
the Metrolinx Regional Transportation Plan 2009 (“The Big Move 2020”)
identifies full day, 2-way service on the Stouffville line from Mount Joy to
Toronto’s Union Station as part of the 15 year plan for Regional Rapid Transit;
and,
Whereas
GO Transit will be undertaking an Environmental Assessment (EA) study on the
Stouffville line for future infrastructure improvements in Markham and Toronto to
provide for the planned full day, 2-way service, to be operational between
Markham Center and Toronto’s Union Station by 2014; and,
Whereas
Metrolinx in 2013 is reviewing and updating its Regional Big Move 2020
Transportation Plan. This Stouffville Go Line should be considered for
electrification in its entirety; and,
Whereas
during the environmental assessment process for the Stouffville rail corridor,
opportunities exist for alternative technologies to be considered. These alternative technologies include MagLev
which is currently used in major centers and is extremely quiet, affordable,
efficient and fast; and,
Whereas
smaller, more cost effective diesel-electric multiple unit (DEMU), trains that
are used throughout Europe, in use today in Ottawa on their O-Train line,
and is currently being implemented
between Toronto Pearson Airport and Union Station; and,
Whereas
consideration should be given to go directly to Electric Train Technology for
the Stouffville GO Line; and,
Whereas
the electric technology will enable more frequent, lower cost service, with a
greater number of new stations stops
along the route and improve travel time to our transit riders; and,
Whereas
the electric technology trains could carry a similar or larger number of transit
rides than subway service; and,
Whereas
the Markham East Toronto Rail Orient-Express (METRO-E) concept would enable
more frequent headways, and more frequent transit stops along this approved
north-south rapid transit corridor between Stouffville and Union Station; and,
Whereas
this north-south corridor will also interconnect with a number of existing and
planned east-west rapid transit corridors, including VIVA bus rapid transit,
407 Rail Transitway, Steeles BRT/LRT. Finch BRT/LRT, Sheppard Subway, Eglinton-Crosstown
LRT, Bloor-Danforth Subway, and Lakeshore East GO; and,
Whereas
the METRO-E would stimulate transit dependant development (TDD) and
redevelopment along this transit corridor; and,
Whereas
climate change, global warming, end of oil and gridlock are issues facing all
major cities, it is important that all station communities are TDD designed
systems to be net zero in energy, waste
and emissions and produce the best public realm and quality of life for our
citizens; and,
Whereas
METRO-E would reduce automobile dependence, energy consumption and would
promote environmental, social and economic sustainability initiatives; and,
Whereas Metrolinx has
allocated their budget for transit projects for the next five years and
revenues from development charges, TIFs, Section 37, HST, taxes, Gas Taxes
increased user fees, improve operating performance are viable and can be
leveraged within a Public Private
Partnership (P3) model;
Now therefore be it
resolved:
1) That
a steering committee co-chaired by Markham Regional Councillor Jim Jones and
member of Toronto Council selected by City of Toronto Council be created. The committee will determine its membership
which will include members of Markham, Toronto Council and other municipalities
and levels of Government.. This
committee will focus on station and rail strategy, TDD, community planning,
Government Relationships and Public Private Partnerships; and,
2) That the Steering Committee seek advice from the participating government bodies,
agencies and other sources as determined
by the committee with respect to terms of reference and funding requirements for comprehensive
studies and reports that would be required to pursue the METRO-E concept; and,
3) That a working group reporting to the steering
committee be formed of representatives
from Metrolinx, the City of Toronto, the Region of York, and the Town of
Markham to review the need and justification of the METRO-E concept, and the
associated transportation, land use planning and economic development benefits;
and,
4) That Metrolinx and other government agencies and
stakeholders at the Federal, Provincial, Regional and Municipal level be
requested to consider the merit and implications of the METRO-E concept and
DEMU/Electric/Maglev technology on the Stouffville rail line in the context of
the current review and update of the Metrolinx Regional Transportation Plan and
Metrolinx Environment Assessment Study for the GO’s Stouffville Line; and
further,
5) That copies of this resolution be forwarded to the
Premier of Ontario, the Federal Ministers of Finance, Transportation,
Infrastructure and the Provincial
Ministers of Finance,
Transportation and Infrastructure Ontario, East Toronto and Markham area MPP’s, the City
of Toronto, the Mayor and Council members
of the City Toronto, the Toronto Transit Commission, Metrolinx,
York Region and York Rapid Transit Corporation.
(Notice of this motion was given at the February 28, 2012 Council meeting)
Note: The notice of this motion was given at the
March 20, 2012 Council meeting.
Moved by Councillor Howard Shore
Seconded by Councillor Logan Kanapathi
Whereas
municipal councils are democratically elected and accountable representative
bodies; and,
Whereas
municipal councillors are the elected officials most closely tied to the
residential and business community and have the broadest understanding of the
issues that affect their neighbourhoods; and,
Whereas
municipal councillors have the obligation to make decisions on planning matters
in the best interests of their community at large; and,
Whereas
municipal councillors make determinations on issues of planning based on direct
and personal knowledge of the community, its potential and opportunities that
are not restricted to the boundaries of the Planning Act, such as strategic
plans, including Markham’s Growth Alternative to 2031; and,
Whereas
despite the Provincial of Ontario’s effort to heighten the relevance of local
municipal decisions by amending the Planning Act and directing that the OMB “shall have regard to” decisions made by municipal councils
this has proven to be so vague that the OMB's decisions are not, in fact, being
influenced by this amendment; and,
Whereas
it would be more appropriate in matters of law to have legal disputes referred
to the courts; and,
Whereas
particular planning concerns respecting land severance applications and minor
variances are heard by the municipal Committee of Adjustment and are subject to
appeal to the OMB;
Now therefore be it resolved:
1) That the Minister of Municipal Affairs
and Housing (MMAH) be requested to amend the Planning Act, the Heritage Acts,
and all other legislation under which the Ontario Municipal Board (OMB)
operates and has jurisdiction to abolish the OMB and to provide that decisions
of municipal councils are only appealable to the courts on matters
of substantive law;
and,
2) That the MMAH be
requested to amend the Planning Act to direct that appeals of decisions of the
Committee of Adjustment be appealable to municipal councils and that
municipalities be authorized to conduct hearings on such appeals through an
Appeals Committee of Council, if viewed appropriate to do so by the municipality;
and,
3) That copies of this resolution
be sent to the Minister of Municipal Affairs and Housing, all local members of
Provincial Parliament, GTA municipalities, registered ratepayer associations in
the Town of Markham, Markham Action Group for Improved Community, and Association of
Municipalities of Ontario (AMO); and,
4) That the MMAH be
requested to hold public consultations regarding these requests; and,
5) That upon
confirmation of the dissolution of the OMB, Town Development Services
Commission staff continue the process of establishing the local appeal body for
decisions of the Committee of Adjustment; and,
6) That the Town of Markham support the
request of the City of Mississauga to the MMAH for public consultations on
these requests, and advise the Minister of its support in writing and offer of
assistance to liaison with local stakeholders including business owners,
property owners, residents, and individuals and corporations working in land
use development and planning; and,
7) That should
during the MMAH and city-lead public consultations, it be determined that
municipal jurisdictions wish to remain subject to OMB hearings, then Markham
Council and other municipal jurisdictions by a majority vote, be granted the
option of removal from the OMB's purview; and,
8) That should
the MMAH not accede to the request to dissolve the OMB, in the alternative, the
Town of Markham would recommend that leave to appeal be required in all appeals
to the OMB. Such leave to appeal shall
be to a Master of the Superior Court of Ontario.
That Council
receive and consent to the disposition of communications in the following
manner:
The
following street will be closed on June 3, 2012 between 8:00 a.m. and 10:00
a.m. to facilitate the run:
- Start on
Carlton Road (at Main Street) in front of Varley Art Gallery
- Run
northwest on Carlton to Toogood Park near Pomander (path near transformer) - Follow
trail to end of Toogood Pond
- Go
northeast towards Toogood Pond and Toogood Pathways
- Circle
TooGood pathways to exit onto 16th ave Toogood Pathways - keeping
river to the right
- Go east
of 16th Avenue along the sidewalk and turn south onto Normandale Rd
- Follow
Normandale Rd around and back onto 16th AveLocal
- Proceed
east on 16 Ave and re-enter Toogood Park prior to Aiken Circle
- Exit park
system onto Toogood Pond Park Rd to Main Street
- Proceed
south on Main Street & turn west onto Carlton Rd (Road Closure required)
- End in
front of Varley Art Gallery
The following roads will be closed on April 7, 2012 between 10:00 a.m.
and 5:00 p.m. to facilitate the event:
- Main Street
Unionville north from Concession Road to south of Carlton Rd
- Main Street
Unionville east onto Carlton Rd
- Main Street
Unionville west onto Fred Varley Drive & Carlton Rd
The following roads will be closed on July 1, 2012 to facilitate the celebrations:
3:00
p.m. to 4:30 p.m.
- McCowan
Road from Bullock Drive to South Unionville Avenue – Regional Roadway
- McCowan
Road and Heritage Rd
- Hwy
7 – east and west of McCowan Road
8:30 p.m. to 11:30 p.m.
- McCowan
Road north of South Unionville Avenue Regional
Roadway –rolling closures
Requesting an approval from the Town of Markham to extend their existing liquor licence for the outdoor areas created by using the sidewalks located directly in front of the establishment while the street is closed to vehicular traffic. The proposed extension will be utilized in conjunction with the events as follows:
Events:
Markham Village Music Festival
- June 15, 2012 (4:00 p.m. to 11:00 p.m.)
- June 16, 2012 (11:00 a.m. to 7:00 p.m.)
World
Music and Dance Event
-
July 22, 2012 (11:00 a.m. to 6:00 p.m.)
Establishments:
- Stanley’s Fish and Chips, 48 Main Street
North, Markham
- Liberty
Burgers & Wings, 144 Main Street North, Markham
- The
Duchess of Markham, 53 Main St. N. Markham, and
- Main’s
Mansion Restaurant and Bar, 144 Main St. N., Markham
- Al
Dente Restaurant, 39 Main St. N., Markham
- Folco’s Restaurant, 42 Main St. N., Markham
Note: The application for Stanley’s Fish is from 11:00 a.m. to 11:00 p.m., as the additional extended hours will be specifically for the patio area located within the establishments.
Requesting an approval from the Town of Markham
to extend their existing liquor licence for the parking lot area at 7
Washington Street. The
proposed extension will be utilized during their Multi Cultural Festival and
Pot Luck Dinner being held on June 29, 2012, 5:00 p.m. to 10:00 p.m.
Requesting an approval from the Town of Markham to extend their existing liquor licence for the patio and indoor areas at 198 Main Street. The proposed extension will be utilized in conjunction with the Unionville Village Community Festival from June 1, 2012 to June 3, 2012, 11:30 a.m. to 11:00 p.m.
- Debra C. Saxe (In support of the proposed motion).
No attachment
1) That the following proclamations issued by the Town Clerk in
accordance with the Town of Markham Proclamation Policy be received for
information purposes:
-
Steward of the Earth Day (May 9, 2012)
- Jazz Celebration Week (August 13 to 19,
2012)
That By-laws 2012-64
to 2012-82 be given three readings and enacted.
- A by-law to dedicate certain lands as part
of the highways of the Town of Markham (Block 88, Plan 65M-4256)
- A by-law to dedicate certain lands as part
of the highways of the Town of Markham (Blocks 104 and 105, Plan 65M-4093 and
Block 178, Plan 65M-4093)
- A by-law to designate part of a certain plan of subdivision not subject to Part Lot Control, Blocks 170, 174 and 187, Plan 65M-4306, north of Church Street and east of Bur Oak Avenue.
- A by-law to designate part of a certain plan of subdivision not subject to Part Lot Control, Blocks 1 to 10, 65M-4290, south of 14th Avenue and east of Box Grove By-Pass.
- Between Highway 7 and Bullock Drive.
(Item No. 6, Report No. 17)
- A by-law to designate part of a certain plan of subdivision not subject to Part Lot Control, Blocks 23 to 26, Plan 65M-4263, north of Castlemore Avenue and south of Fred Mclaen Boulevard.
- Amend By-law 4-2000, being a by-law to appoint a Chief Administrative Officer for the Town of Markham.
(In-camera Item No. 1)
That, in accordance with Section 239 (2) of the Municipal Act, Council resolve into an in-camera session to discuss the following matters:
GENERAL
COMMITTEE – March 26, 2012
[Section 239 (2) (c)]
DEVELOPMENT
SERVICES COMMITTEE - March 20, 2012
[Section 239 (2) (e)]
That By-law 2012-83
be given three readings and enacted.
Council
meetings are audiostreamed live at the Town of Markham website.
REMOVING THE TOWN OF MARKHAM FROM
THE JURISDICTION OF THE
ONTARIO MUNICIPAL BOARD
AND ASKING THE PROVINCE OF
ONTARIO TO ABOLISH
THE ONTARIO MUNICIPAL BOARD
(OMB) (13.0) (Motions Item No. 2)
The following will address Council regarding the proposed motion titled "Removing the Town of Markham from the Jurisdiction of the Ontario Municipal Board and asking the Province of Ontario to abolish the Ontario Municipal Board (OMB)":
1) Eileen Liasi on behalf of the German Mills Residents Association
(1) REMOVING THE TOWN OF
MARKHAM FROM
THE JURISDICTION OF THE
ONTARIO MUNICIPAL BOARD
AND ASKING THE PROVINCE OF
ONTARIO TO ABOLISH
THE ONTARIO MUNICIPAL BOARD
(OMB) (13.0)
1) That the petition signed by 40 residents providing their
support with respect to the motion to remove the Town of Markham from the
Jurisdiction of the Ontario Municipal Board and asking the Province of Ontario
to abolish the Ontario Municipal Board (OMB)
Petition Page
142
PLEASE BRING YOUR APRIL 2, 2012
GENERAL COMMITTEE AGENDA
To the Mayor and Members of
Council:
That the report of the General
Committee be received & adopted. (Items 1 to 2):
(1) FLATO DEVELOPMENTS – NAMING RIGHT
FOR MARKHAM THEATRE (6.2)
Report Attachment
A Attachment
B Attachment
C Attachment
D
Presentation GC
Page 9
1) THAT the report titled Flato
Developments Naming Right for Markham Theatre be received; and,
2) THAT the Town of Markham agrees to name
the Markham Theatre: “FLATO MARKHAM THEATRE”, the
new name to be branded and utilized in all promotional, administrative, and
legal functions, operations and communications associated with Markham Theatre;
and,
3) That the Flato Developments VIP Lounge
naming right will be extended for the same term as the Naming Rights to the
Markham Theatre for Performing Arts; and,
4) That the proposed Terms for a Naming
Right Agreement for Markham Theatre of $75,000 per annum, provided by Flato
Developments, for a ten year period subject to an increase each year during the
term of this agreement to reflect the change in the Consumer Price index (Toronto
All items September – September) with such increases effective January 1st
rounded off to the nearest dollar, be approved; and,
5) That Flato Developments provide
$30,000, a one
time contribution to cover the costs to change the name, signage and other
material for the Theatre, and to be paid at time of execution of the agreement;
and,
6) That the remaining Naming Rights terms
as outlined in the report be approved; and,
7) That the Mayor and Clerk be authorized
to execute an agreement with Flato Developments, for naming rights for the
Markham Theatre, on the terms set out in this report, in a form satisfactory to
the Commissioner of Community and Fire Services and the Town Solicitor; and,
8) That the proceeds for the naming
agreement be deposited into account 890 890 9254 (General Sponsorship); and,
9) That the correspondence
from Dr. Pat Kincaid, Markham resident be received; and further,
10) That Staff be authorized and directed to
do all things necessary to give effect to this resolution.
(2) MINUTES
OF THE FEBRUARY 23, 2012
LEASH FREE MARKHAM COMMITTEE (16.0)
Minutes GC
Page 97
1) That
the Minutes of the February 23, 2012, Leash Free Markham Committee be confirmed;
and,
2) That
Regional Councillor Joe Li be appointed to the Off Leash Markham Committee for
the term ending November 30, 2014.
PLEASE BRING YOUR APRIL 3, 2012
DEVELOPMENT SERVICES COMMITTEE AGENDA
To the Mayor and Members of
Council:
That the report of the
Development Services Committee be received & adopted. (Item 1):
Report DSC Page 13
1) That
the staff report titled “Demolition of Non-Heritage Detached Garage 28 John St.
Thornhill” dated March 27, 2012 be received; and,
2) That
Council endorse the demolition of the detached garage at 28 John St. located
within the Thornhill Heritage Conservation District; and further,
3) That
Staff be authorized and directed to do all things necessary to give effect to
this resolution.
Note: The
communications added on the addendum agenda are highlighted in bold.
1. Debra C. Saxe (In support of the proposed motion)
2. Ray
Menzies (In opposition to the proposed motion)
3. Annette
Caron (In opposition to the proposed motion)
4. Donna
Bush ((In opposition to the proposed motion)
5. Janice
Fox (In support of the proposed motion)
6. David
Slotnick (In support of the proposed motion)
7. Brahm
Satov (In support of the proposed motion)
8. Shafiq
Sediqzadah (In support of the proposed motion)
9. Fred
Webber (In support of the proposed motion)
10. Reid
McAlpine (Providing comments)
11. Shanir
Jamal (Providing comments)
12. George
Chammas (In opposition to the proposed motion)
13. Karen
Gullason (In support of the proposed motion)
14. Danielle
Chin, BILD (In opposition to the proposed motion)
15. Brian
Chadderton (In support of the proposed motion)
16. German
Mills Residents Association (In support of the proposed motion)
17. Keith
Thirgood, President, Old Markham Village Ratepayers Inc., (Providing comments)
Fred Leitner (In support of the proposed
motion)
Rachael Pasternak (In support of the proposed
motion)
18. Executive
Board, Aileen-Willowbrook Ratepayers Association (In opposition to the proposed
motion)
Communication AddendumCommunications
Page 150
That
By-laws 2012-64 to 2012-82 and By-law-84 be given three readings and enacted.
- Amend By-law 169-83, being a by-law to designate an area in the Unionville Business District as an Improvement Area and to establish a Board of Management for the Business Improvement Area
By-law
Page
188
GENERAL
COMMITTEE – April 2, 2012
(3) PERSONAL
MATTERS ABOUT AN IDENTIFIABLE INDIVIDUAL,
INCLUDING MUNICIPAL OR LOCAL BOARD EMPLOYEES
– BOARD AND COMMITTEE RESIGNATIONS
[Section 239 (2) (b)]
(4) PERSONAL
MATTERS ABOUT AN IDENTIFIABLE INDIVIDUAL,
INCLUDING MUNICIPAL OR LOCAL BOARD EMPLOYEES
– BOARD AND COMMITTEE APPOINTMENTS
[Section 239 (2) (b)]
(5) THE
SECURITY OF THE PROPERTY OF THE MUNICIPALITY
OR LOCAL BOARD: WARD #1
[Section 239 (2) (a)]
(6) THE SECURITY OF THE PROPERTY OF THE
MUNICIPALITY
OR LOCAL BOARD: WARD #6
[Section 239 (2) (a)]
(7) THE SECURITY OF THE PROPERTY OF THE MUNICIPALITY
OR LOCAL BOARD: WARD #7
[Section 239 (2) (a)]