Meeting No. 14

That the presentations of Mr. Don Hutchinson, Co-Chair, Safety & Traffic Sub-Committee, Legacy Community Ratepayers' Association and Mr. Paul Carew, Principal, Legacy Public School, with respect to the installation of all-way stop sign at the following locations in Legacy Community, be received:

- Rouge Bank Drive at Cottontail Avenue and Russell Jarvis Drive

- Russell Jarvis Drive at Legacy Drive and Juneberry Avenue

- Legacy Drive at Lady Fern Drive

- Russell Jarvis Drive at Rouge Bank Drive (northwest intersection)

- Rouge Bank Drive at Silverflower Avenue;

And that the submission dated September 5, 2006 from the Safety & Traffic Sub-Committee and Legacy Community Ratepayers' Association, be received;

And that the request for the installation of new stop signs in the Legacy Community be deferred and referred to the General Committee on September 18, 2006, when the results of the survey will be presented.

(2) ADVISORY BOARD/COMMITTEES APPOINTMENTS (16.24)

That the following persons be appointed to the Information Markham Board:

Board of Directors Term to expire

Peter Miller, President May 31, 2007

Mary Grande, 1^st V.P. & Treasurer May 31, 2007

Janice Ho, 2^nd V.P. May 31, 2007

Anna Rose, Secretary May 31, 2007

William Tyrrell May 31, 2007

John Riddell May 31, 2007

Judy Ng May 31, 2007

Greg McCormick May 31, 2007

Cara Cellini May 31, 2007

Catherine Biss May 31, 2007

Councillor J. Webster Nov. 30, 2006

Marilyn Bastien, Exec. Director

And that the vacancy for Markham Public Library Board due to the passing of Edward Brewer not be filled until vacancies in all of the advisory committees are considered later in the year;

And that the resignation of Alex Ribeiro from the Markham Race Relations Committee be accepted with regret and a letter of appreciation be forwarded;

And that the vacancy not be filled until vacancies in all of the advisory committee are considered later in the year.

(3)        LOCAL GOVERNMENT EXCHANGE AND
            COOPERATION SEMINAR 2006
            BUSINESS EXPENSE AUTHORIZATION (11.12)

That the report entitled “Local Government Exchange and Cooperation Seminar 2006 Business Expense Authorization” be received;

And that Council authorize John Livey, CAO to attend, the Local Government Exchange and Cooperation Seminar 2006 in Tokyo, Japan from November 3, 2006 to and including November 15, 2006.

And that John Livey, CAO, be congratulated on being one of only 13 participants from Canada and the United States selected to attend.

(4)        A BY-LAW TO AMEND TRAFFIC BY-LAW 106-71
            STOP SIGNS AT BUR OAK AVENUE AND WILLIAMSON ROAD
            AND APPROVAL FOR CROSSING GUARD (5.12.3, 3.16)

That Council authorize staff to proceed with a four-way stop and crossing guard be approved for immediate implementation at the intersection of Bur Oak Avenue and Williamson Road;

And that the necessary by-law be enacted to provide for the four-way stop.

(5) CENTENNIAL COMMUNITY CENTRE ADDITION AND RENOVATION
CONTRACT NO. 055-T-05 WITH CANNING CONTRACTING LIMITED (6.6)

That the report entitled "Centennial Community Centre Addition and Renovations – Contract No. 055-T-05 with Canning Contracting Limited" be received for information.

(6)        MINOR VARIANCE APPEAL, 10 HERITAGE CORNERS LANE
            COMMITTEE OF ADJUSTMENT FILE: A/66/06
            LEGAL FILE: 06 0324 LG 0058 (10.12)

That the Town Solicitor and Staff be instructed to attend the Ontario Municipal Board hearing to oppose the appeal by Trisa and Bruno Nardi, of 31 Spencer Avenue in respect of the decision of the Committee of Adjustment which approved the application of Joyce Nelson-Watt, of 10 Heritage Corners Lane, to permit a maximum gross floor area of 197 m2 for the main building and a maximum gross ground floor area of 64 m2 for the accessory building at a height of 4.419m.

(7)        MINOR VARIANCE APPEAL, 2 DRAKEFIELD ROAD
            COMMITTEE OF ADJUSTMENT FILE: A/77/06
            LEGAL FILE: 06 0411LG 0255 (10.12)

That the Town Solicitor and Staff be instructed to attend the Ontario Municipal Board hearing to oppose the appeal by Sarah Norris of 2 Drakefield Road in respect of the decision of the Committee of Adjustment which denied her application to permit three (3) variances from Zoning By-law 1229, as amended, namely to permit maximum net floor ratio of 51%; a maximum building height of 10.73 metres and; a parking space of 2.6 metres x 4 metres.

Moved by Councillor A. Chiu

Seconded by Regional Councillor J. Heath

That the Report of the Committee of the Whole be adopted, approved and confirmed.

CARRIED

3. MINUTES

(1) COUNCIL MINUTES - JUNE 27, 2006

Moved by Councillor K. Usman

Seconded by Regional Councillor J. Heath

That the Minutes of the Council Meeting held on June 27, 2006, be adopted.

CARRIED

4. PRESENTATIONS

Council consented to add Presentations (1) to (3).

(1)        AGREEMENT WITH WUHAN, CHINA
            MILLIKEN CHILDREN’S FESTIVAL DOORS OPEN
            MARKHAM JAZZ FESTIVAL (12.2.6, 10.16, 3.5)

Councillor J. Virgilio announced the ceremonial signing of an agreement with Wuhan, China that had taken place September 12, 2006, and expressed appreciation to Stephen Chait, Director of Economic Development, Sandra Tam, Manager of Markham Small Business Enterprise Centre, and other Town staff for their work on this initiative.

Councillor K. Usman, Chair of the Milliken Children’s Festival, held September 2, 2006, thanked Jim Sales, Commissioner of Community Services and his staff, and the 350 volunteers who made the event a great success.

Regional Councillor J. Heath recognized the hard work of staff and residents with respect to the successful Doors Open event, and the Markham Jazz Festival.

(2) OUT TOWN MARKHAM TELEVISION PROGRAM (12.2)

Janet Carnegie, Director or Corporate Communications, gave a brief summary of the recent television program “Our Town Markham” which was a compilation of video clips taken by volunteers throughout the Town.

(3) GRAFFITI (2.9)

Mayor D. Cousens noted the increase of graffiti throughout the Town, and reminded everyone of the Town’s graffiti policy. Staff and residents were urged to report occurrences so they can be dealt with, and staff was asked to place special emphasis on the clean-up of such incidents.

5. DELEGATIONS

Council consented to add Delegations (1) to (4).

(1) Gideon Forman, Canadian Association of Physicians for the Environment, addressed Council regarding Pesticide issues, and spoke in favour of a Pesticide by-law and public consultation.
(5.7) (Motion No. 1)

(2) Barbee Lazans, addressed Council regarding Pesticide issues, and spoke in favour of a Pesticide by-law and public consultation.
(5.7) (Motion No. 1)

(3) Julie Bard, Canadian Cancer Society, addressed Council regarding Pesticide issues, and spoke in favour of a Pesticide by-law and provided a written submission.
(5.7) (Motion No. 1)

(4) Sam Orrico, addressed Council regarding Pesticide issues, and urged that input be sought from farmers with respect to the potential impacts of a Pesticide by-law.
(5.7) (Motion No. 1)

_______________________

Deputy Mayor Scarpitti requested that Motion (1) be considered at this time (See page # 367)

_______________________

6(a) REPORT NO. 29 - GENERAL COMMITTEE

Council separated the question on Clause (2).

Moved by Councillor K. Usman

Seconded by Councillor D. Horchik

That Report No. 29 - General Committee (August 28, 2006) be received and adopted.

(1) EXTENSION OF TERMS OF OFFICE – ADVISORY
COMMITTEES AND BOARDS (16.24)

That the terms of office for incumbents on advisory committees and boards, whose terms expire on November 30, 2006, be extended into the 2007 new year, as necessary.

(2) PARKING BY-LAW ADMINISTRATIVE AMENDMENTS (2.17)

That By-law 2005-188 Parking Control By-law be amended to:

add a definition of “median” and an offence for parking on one;
replace all references to “ Disabled Person Parking Permit” with Accessible Parking Permit”; and
incorporate further administrative amendments relevant to the handicapped parking system;
enable enforcement staff to order abandoned vehicles to be towed.

(By-law 2006-244)

CARRIED

(3) PURCHASE OF SPONSORSHIP – YORK CENTRAL HOSPITAL
GALA – NOVEMBER 3, 2006 (12.2.6)

Report Attachments

That Council sponsor the York Central Hospital Foundation on November 3, 2006 in the amount of $3000. The Gala dinner will be held at Le Parc Markham. The cost to be charged to account #840 8415840.

(4) PURCHASE OF SPONSORSHIP – MARKHAVEN GALA
NOVEMBER 10, 2006 (12.2.6)

Report Attachments

That Council sponsor the Markhaven Foundation Gala on November10, 2006 in the amount of $2000. The Gala dinner will be held at Le Parc Markham. The cost to be charged to account #840 8415840.

(5)        APPOINTMENT OF MEMBERS TO THE MAYOR’S YOUTH
            TASK FORCE FOR THE PERIOD SEPTEMBER 1, 2006 –
            JUNE 30, 2007 (16.21)

That the following appointments to the Mayor’s Youth Task Force be confirmed for the term September 1, 2006, to June 30, 2007:

LEGEND: R - Returning

Markham Grade

R Timothy Galang High School 10

R Mathew Biskup High School 11

R Su-Ann Khaw High School 12

R Jara Mae Vallestero High School 12

Janelle Vallestero High School 9

R Vino Jeyapalan High School 10

Vijay Jeyapalan High School 10

Farheen Alim High School 11

Kitty Law High School 11

Michael Verdirame High School 12

Unionville Grade

R Jesse Colautti High School 10

R Andrew Tse High School 12

R Giorgio Proestos High School 11

R Vivian Hui High School 11

R Maha Naqi Elementary School 8

YanBo Guo High School 9

Milliken Grade

R Aditi Marisetti (Co-Chair) High School 12

R Deqa Osman High School 12

R Divya Khurana High School 12

R Catherine Pak High School 12

R Samantha Soto Elementary School 9

Thornhill Grade

R Ben Bigio (Co-Chair) High School 12

RAndrew Xiao High School 12

(6) SENECA ALUMNI 2006 INVITATIONAL
SEPTEMBER 25, 2006 – SCAROBORO GOLF AND COUNTRY CLUB - (12.2.6)

That Council purchase a sponsorship in the amount of $2500 for a foursome to attend the Seneca Alumni 2006 Invitational at Scarboro Golf and Country Club on September 25, 2006;

And that the cost be charged to account #840-841-5840.

(7)        REGION OF YORK DELEGATION TO BOSTON,
            MASSACHUSETTS TO VIEW BUS MAINTENANCE FACILITY
            AND HIGH RISE CONDOMINIUM DEVELOPMENT (7.0 & 16.23)

That authorized expenditures incurred by Councillor Stan Daurio as part of the Region of York delegation to Boston, Massachusetts, August 30, to September 1, 2006, be charged to Corporate Expense account #840-8417899.

CARRIED

6(b) REPORT NO. 30 - DEVELOPMENT SERVICES COMMITTEE

Moved by Councillor G. McKelvey

Seconded by Councillor A. Chiu

That Report No. 30 - Development Services Committee (September 5, 2006) be received and adopted.

(1) VARIANCE TO FENCE BY-LAW 277-97
12 BERNADOTTE DRIVE (2.19)

Report Attachment

That the report entitled “Variance to Fence By-Law 277-97 at 12 Bernadotte Drive” to Development Services Committee, dated September 5, 2006 be received;

And that the request to grant relief from the provisions of the Fence By-Law 277-97 to permit a 1.8m (6ft.) high fence in the front yard be approved, subject to the conditions outlined below;

And that the contravening fence be reconstructed to comply with the following design requirements;

i) The masonry portion height of fence may not extend beyond 1.2 m (4ft.)

ii) The existing 1.8m (6ft.) masonry columns be retained,

iii) That a decorative metal fence/lattice be incorporated to extend the height of the fence to a maximum 1.8m (6ft.).

(2)        CATHEDRAL TOWN LTD. & 404 DEVELOPMENTS INC.
            NORTH OF BETTY ROMAN BLVD, EAST OF FUTURE
            WOODBINE BY-PASS, CATHEDRALTOWN PHASE II, 19TM-05002
            ZONING BY-LAW AMENDMENT TO AMEND DEVELOPMENT
            STANDARDS (ZA 06 113216) (10.5)

Report Attachment

That the report from the Development Services Commission dated June 20, 2006, entitled “Application for Zoning By-law Amendment to permit an amendment to the development standards applied to certain lots in Cathedraltown Phase II, 19TM-05002, Cathedral Town Ltd. & 404 Developments Inc., north of Betty Roman Boulevard, east of the future Woodbine By-pass within the Cathedral Secondary Plan Area, ZA 06 113216” be received;

And that the record of the Public Meeting held on September 5, 2006, with respect to the proposed amendment to By-law 177-96, as amended, be received;

And that the application by Cathedral Town Ltd. & 404 Developments Inc. to amend By-law 177-96, as amended, be approved;

And that the proposed amendment to By-law 177-96, as amended, be enacted without further notice.

(By-law 2006-245)

CARRIED

7. MOTIONS

Council consented to add Motions (2) and (3).

(1) PESTICIDE BY-LAW (5.7)

Deputy Mayor F. Scarpitti introduced motion. Committee discussed at length the process for public consultation, and reviewed prior motions of Council on this matter.

Moved by Deputy Mayor F. Scarpitti

Seconded by Councillor J. Virgilio

Whereas Council, on June 28, 2005 resolved that a Town Hall meeting be convened at the earliest possible date incorporating a facilitator and an expert panel to be comprised of four persons to outline the pros and cons of implementing a Toronto style Pesticide By-law and other options from other municipalities and directed staff to report back on the findings of the public consultation and on the steps necessary to implement a Pesticide By-law;

And Whereas Council, on October 11, 2005, resolved that the matter of a public meeting on pesticides be deferred pending a staff report following receipt of the Town’s Consultant report on the impact of reduced pesticide use on Town-owned parks;

And Whereas Council, on February 16, 2006 received the findings from Phase 1 of the

Turf Assessment Review and directed that staff proceed with the hiring of a Consultant to

undertake Phase 2 of the review and present the findings in a report to the General

Committee;

And Whereas the General Committee, on June 19, 2006, received the Phase 2 findings;

Now Therefore Be It Resolved, that pursuant to Council’s resolutions of June 28 and October 22, 2005, that the public consultation process on a possible Pesticide By-law be held at the earliest opportunity, with staff to report back to the General Committee with recommendations.

And that staff report back to General Committee on October 16 or earlier, on a moderator, potential speakers, panel members, and the program, prior to proceeding with the public process.

CARRIED AS AMENDED (11:1)

(See following recorded vote)

(See following motion to amend)

YEAS: Mayor D. Cousens, Deputy Mayor F. Scarpitti, Regional Councillor J. Heath, Regional Councillor J. Jones, Councillor E. Shapero, Councillor J. Virgilio, Councillor G. McKelvey, Councillor J. Webster, Councillor D. Horchik, Councillor K. Usman, Councillor A. Chiu. (11)

NAYS: Councillor S. Daurio. (1)

ABSENT: Regional Councillor Bill O'Donnell.

Moved by Councillor G. McKelvey

Seconded by Councillor D. Horchik

That Clause (1) be amended to delete the words “…in September 2006…” and insert the words “…at the earliest opportunity…” in paragraph 5, and to delete “…in October…”;

And that staff report back to General Committee on October 16 or earlier, on a moderator, potential speakers, panel members, and the meeting program, prior to proceeding with the public process.

CARRIED (11:1)

(See following recorded vote)

NAYS: Councillor S. Daurio. (1)

ABSENT: Regional Councillor Bill O'Donnell.

(2) GENERAL COMMITTEE MEETING, OCTOBER 2, 2006 (16.0)

Moved by Councillor E. Shapero

Seconded by Councillor K. Usman

That the General Committee meeting scheduled for October 2, 2006, which is Yom Kippur, be rescheduled to a date to be determined by General Committee on September 18, 2006.

CARRIED

Moved by Councillor E. Shapero

Seconded by Councillor K. Usman

That staff bring to General Committee no later than October 16, 2006, a report and recommendation regarding holding meetings on High Holidays.

LOST

(3)        AGREEMENT WITH WUHAN, CHINA
            MILLIKEN CHILDREN’S FESTIVAL DOORS OPEN
            MARKHAM JAZZ FESTIVAL (12.2.6, 10.16, 3.5)

Moved by Councillor G. McKelvey

Seconded by Councillor E. Shapero

That Council members and Town staff be congratulated on their leadership and hard work towards making events such as signing the agreement with Wuhan, China, the Milliken Children’s Festival, Doors Open, and the Markham Jazz Festival, so successful.

CARRIED

8. COMMUNICATIONS

Council consented to add Communication No. 95-2006.

Moved by Councillor K. Usman

Seconded by Councillor A. Chiu

That Council receive and consent to the disposition of communications in the following manner:

Received

84-2006 Region of York – Forwarding a copy of the Annual Report for 2005. (13.4).
(Report available in Clerk's Dept.)

95-2006 Julie Bard, Canadian Cancer Society, Markham/Whitchurch-Stouffville Unit – Written submission regarding pesticide use. (5.7)

Referred to all Members of Council

85-2006 Jackie Armstrong, First Markham Place Management Office - Requesting an approval from the Town of Markham to close Rodick Road from south of Highway 7 to Fairburn Drive on Saturday, September 30, 2006 from 7:00 p.m. to 11:00 p.m. to facilitate the Fall Extravaganza. (3.5)
(By-law 2006-246)

86-2006 Unionville BIA - Forwarding a request to close the following roads to facilitate the Unionville Little Oktoberfest being held at Main Street Unionville on October 9, 2006 from 8:00 a.m. to 6:00 p.m.:
- Main Street Unionville diagonally to Main Street Unionville Lane
- Main Street Unionville north Lane to Carlton Road
- Fred Varley Drive just east of EJ Lennox Way. (3.5)
(By-law 2006-247)

Info

87-2006           The Society for the Preservation of Historic Thornhill - Forwarding a request to close the following streets to facilitate the Thornhill Village Festival and Parade being held on September 16, 2006 as follows:
Road Closure
a) Between the hours of 8:00 a.m. and 4:30 p.m.:
            Church Lane from John Street beyond Colborne Street
            Colborne Street from Yonge Street to Church Lane
            Eliza Street
            Thornhill Summit Drive
b) Between the hours of 11:30 a.m. and 2:00 p.m.:
            John Street from Yonge Street to Henderson Avenue
            Yonge Street between Royal Orchard Blvd. and Clark Avenue. (3.5.3)
(By-law 2006-248)

88-2006 Liquor Licence Application - Requesting to complete the Alcohol and Gaming Commission Municipal Information Form for Honey and Garlic Cuisine, 1661 Denison Street, Unit T1 (indoor) (3.21)

89-2006 Anthony Corsetti, Chairperson, Thornhill Village Festival Committee - Requesting an approval from the Town of Markham for the application of special occasion liquor permit to be utilized, in conjunction with the Thornhill Village Community Festival, on September 16, 2006 from 9:00 a.m. to 4:30 p.m. at the CIBC Parking Lot (Yonge Street and Thornhill Summit Drive). (3.21)

Referred to Commissioner of Development Services and Town Solicitor

90-2006 Ontario Municipal Board - Forwarding a Decision to dismiss an appeal regarding the application by Lynde Centre for Dermatology, 3 Ovida Blvd., to permit a business/professional office parking lot. (OPA No. 141 and Zoning By-law Amendment No. 2005-221). (13.13)

91-2006 Ontario Municipal Board - Forwarding an oral Decision from a prehearing conference held on July 7, 2006 regarding Development Charges By-laws. The Board has scheduled a conference for November 17, 2006 for a status report or a settlement hearing since the new Town Wide and Area Specific Development Charges By-laws will likely be enabled in the Fall (2004-242, 2004-222, 2004 234, 2004-228, 2004-239, 2004-240 and 2004-241) (13.13).

92-2006 Ontario Municipal Board - Forwarding a Decision, with exception, regarding the application submitted by Wismer Markham Developments Inc. to rezone 9426, 9442, 9462 and 9506 Hwy 48 from Rural Residential to Major Commercial Area (By-law 2005-376). (13.13)

93-2006 Ontario Municipal Board - Forwarding a Decision, with amendments, regarding the Milliken Main Street Secondary Plan (OPA 144) and Implementing Zoning By-laws (By-laws 2005-247 to 2005-250).(13.13)

94-2006 Ontario Municipal Board - Forwarding a Decision regarding the Committee of Adjustment application, 21 Sprucewood Drive, to permit maximum lot coverage of 36.9% in order to allow for the construction of a one-storey addition to the existing one-storey dwelling. (13.13)

CARRIED

9. PROCLAMATION

(1) PROCLAMATIONS (3.4)