2007-04-10
COUNCIL MINUTES Council Chamber, Civic Centre
Meeting No. 7
ROLL
CALL
Mayor F. Scarpitti, Deputy Mayor J. Jones, Regional Councillor J. Heath, Regional Councillor T. Wong, Regional Councillor G. Landon, Councillor V. Burke, Councillor E. Shapero, Councillor J. Virgilio, Councillor C. Moretti, Councillor J. Webster, Councillor D. Horchik, Councillor L. Kanapathi, Councillor A. Chiu. (13)
The Regular
Meeting of Council was held on April 10, 2007 at 7:00 p.m. in
STAFF
J. Livey, Chief Administrative Officer
J. Baird, Commissioner of Development Services
J. Sales, Commissioner of Community & Fire Services
A. Taylor, Commissioner of Corporate Services
S. Birrell, Town Clerk
K. Kitteringham, Deputy Clerk
C. Conrad, Town Solicitor
B. Cribbett, Treasurer
B. Nanninga, Executive Assistant
J. Wong, Technology Support Specialist
1. DISCLOSURE OF PECUNIARY INTEREST
None declared.
2. MINUTES
(1) COUNCIL
MINUTES - MARCH 27, 2007
Moved by Councillor A. Chiu
Seconded by Councillor J. Virgilio
That the Minutes of the Council Meeting held on March 27, 2007, be adopted.
CARRIED
3. PRESENTATIONS
Council consented to add Presentation (2).
(1) 2ND UNIONVILLE CUBS (12.2.6)
Council welcomed the 2nd Unionville Cubs along with their leaders to the meeting.
(2) 90TH
ANNIVERSARY OF THE BATTLE OF VIMY RIDGE (12.2.6)
Council recognized
the 90th Anniversary of the Battle of Vimy Ridge fought from April 9
to 12, 1917, and observed a minute of silence in honour of all those who served
at Vimy Ridge and in the First World War.
4(a) REPORT NO. 21 - GENERAL COMMITTEE
Moved by Councillor J. Virgilio
Seconded by Regional Councillor T. Wong
That Report No. 21 - General Committee (April 2, 2007) be received and adopted.
(1) REPORT ON NON-ESSENTIAL USE OF PESTICIDES (5.7)
That Council
instruct staff to proceed with a community consultation meeting respecting
pesticide regulation in the Town of Markham;
And that the
community meeting follow Option 2, as outlined in the staff report titled
“Report on Regulating the Non-Essential Use of Pesticides”, which includes a
draft by-law restricting the non-essential use of pesticides in Markham being
brought to General Committee, followed by a meeting with the public, and
finally a presentation to Council for a decision before the end of June;
And that the
draft By-law be modelled on Toronto’s pesticide By-law and further that the
best practices from other municipalities be considered, including a phased in
implementation program and possible exemptions subject to any other changes
that staff may recommend;
And that staff
be authorized to do all things necessary to give effect to the above.
(2) 2007
ADVISORY COMMITTEE/BOARD
APPOINTMENTS
(16.24)
That the
following appointments be confirmed:
Achievement
and Civic Recognition Awards Committee (ACRA)
Imran
Ali For
term ending
Sheynoor
Karsan For
term ending
Hemant Misir For term ending November 30, 2010
Animal Care
Committee
Robert Bowman For term ending November 30, 2009
Julia Burke For term ending November 30, 2009
Terri Daniels For term ending November 30, 2009
Chris Girgulis For term ending November 30, 2009
Jane Kwong For term ending November 30, 2009
Rachel Lau For term ending November 30, 2009
Barbi Lazarus For term ending November 30, 2009
Denielle Duncan For term ending November 30, 2009
Mary Brown For term ending November 30, 2009
Yasuko Naka For term ending November 30, 2009
Markham Race
Relations Committee
That the resignation of Ms. Shamira Madhany be accepted with regret:
Markham
Library Board
That the term of office for the current members of the Markham Library Board be extended until April 30, 2007 in order to provide for continuity on the board;
And that the
following persons whose terms will expire on April 30, 2007 be forwarded a
letter of appreciation:
Joanne Pickering
Elliot Berlin
Michelle Tidball
And that the
following persons be appointed for a term effective
Deborah Jestin
William Jeyaveeran
Shamira Madhany
Justin Hung
Mahendra Naik
Cheryl Giblon
Patricia Durst
Ada Leung
Rashi Sharma
Lan Sum.
(3) 025-R-06 RECRUITMENT ADVERTISING
SERVICES (7.12)
That the report titled “025-R-06 Recruitment advertising Services” be received;
And that Request For Proposal 025-R-06 Recruitment Advertising Services be awarded to the highest ranked and second lowest priced proponent, Tamm Communications in the estimated amount of $420,000.00, inclusive of PST and exclusive of GST for a term of three years;
And that the 2007 costs, estimated at $140,000.00 be charged to the Operating Account 200 201 5820 Recruitment Advertisement, subject to Council approval of the 2007 operating budget;
And that the following 2008-2009 estimated costs be provided for within the respective years budget submission for the Human Resources Department;
- 2008 $140,000.00
- 2009 $140,000.00
And that staff be authorized and directed to do all things necessary to give effect to this resolution.
(4) AWARD
OF TENDER #010-T-07 TOWN-WIDE, INTERLOCKING
STONE REPAIRS (7.12.2)
That the report titled “Award of Tender # 010-T-07 Townwide, Interlocking Stone Repairs” be received;
And that the contract for Townwide, Interlocking Stone Repairs be awarded to the lowest bidder, Cambium Site Contracting Inc. for an estimated annual amount of $183,000.00 exclusive of GST, totalling $549,000.00 exclusive of GST for a period of three (3) years;
And that funds for this contract for the 2007 period be drawn from the pre-approved 2007 Capital and Operating Budget Accounts as listed below in the amount of $183,000, exclusive of GST;
And that funds for this contract for the 2008 and 2009 period, in the amount of $366,000, exclusive of GST, be included in the 2008 and 2009 budget discussions;
And that staff be authorized and directed to do all things necessary to give effect to this resolution.
(5) EXTENSION OF CONTRACT
068-R-06
CONSULTING SERVICES FOR FACILITY
PROJECT
MANAGEMENT AND SPACE PLANNING
(7.12)
That the
report titled “Extension of Contract 068-R-06 Consulting Services for Facility
Project Management and Space Planning” be received;
And that
Contract 068-R-06 for Facility Project Management and Space Planning be
extended for Two (2) years with Mayhew and Associates Ltd. In the estimated
annual amount of $250,000 totaling $500,000, exclusive of GST;
And that funds
for this contract be drawn from the pre-approved 2007 Corporate Accommodations
Budget Account 056 6150 7501 005 in the amount of $250,000, exclusive of GST;
And that
funds for this contract for the 2008 period, in the amount of $250,000,
exclusive of GST, be included in the 2008 budget discussions;
And that
staff be authorized and directed to do all things necessary to give effect to
this resolution.
(6) ANIMAL
CARE SERVICES UPDATE (16.0)
That the Annual Work Program and Methods of Fundraising of the Animal Care Services Committee attached to the report of the Town Clerk dated March 20, 2007 be approved;
And that Staff be authorized and directed to do all things necessary to give effect to this resolution.
(7) BUDGET SUB-COMMITTEE
NEXT STEPS (7.4)
That the Budget Sub-Committee be authorized
to proceed to a Budget Breakfast presentation on April 16, 2007 subject to
their meeting the afternoon of April 2, 2007;
And that an additional Budget Sub-Committee
meeting be held on
CARRIED
4(b) REPORT NO. 22 - DEVELOPMENT SERVICES COMMITTEE
Moved by Deputy Mayor J. Jones
Seconded by Councillor J. Webster
That Report No. 22 - Development Services (April 3, 2007) be received and adopted.
(1) TUCCIARONE (1696913 ONTARIO LTD.) -
CLERA HOLDINGS LTD.)SOUTH SIDE OF
ELGIN MILLS ROAD, WEST OF WOODBINE AVENUE
CATHEDRAL COMMUNITY19TM-95075
IMPLEMENTING ZONING
BY-LAW AMENDMENTS
(SU.01-110135 AND ZA.07-108663) (10.5)
That the attached draft zoning by-law amendments be enacted;
And that Council be advised that staff approval of the red line revisions to draft plan of subdivision 19TM-95075 (Phase II) will follow enactment of the zoning by-laws.
(By-laws 2007-59 and 2007-60)
(2) ASSUMPTION OF PLANS OF
SUBDIVISION (10.7)
Whereas by Memorandum dated March 5, 2007 the Director of Engineering advised that the guarantee periods for Registered Plan 65M-2507, 65M-3256, 65M-3349, 65M-3414, 65M-3133, 65M-3247, 65M-3420, 65M-3478, 65M-3525 and 65R-21789, Parts 1 and 2.
Now therefore be it resolved:
That the services in the following subdivisions be assumed:
Rust Developments Ltd 65M-2507
Indio Construction Inc. 65M-3256
Cedar-Erin Developments Inc 65M-3349 and
(Macrill Road – Parts 1 and 2) 65R-21789
Sixteenth Warden Limited and
Cedar-Erin Developments Inc. 65M-3414
Markham Glen Inc. and
Minto (Markham) Limited 65M-3133
Markham Glen Inc. and
Minto (Markham) Limited 65M-3247
Markham Glen Inc. and
Minto (Markham) Limited 65M-3420
Markham Glen Inc. and
Minto (Markham) Limited 65M-3478
Markham Glen Inc. and
Minto (Markham) Limited 65M-3525
And that the Mayor and Clerk be authorized to execute the necessary releases from the terms of the subdivision agreements;
And further that the necessary by-laws be enacted to establish roads within the subdivisions as part of the highways of the Town of Markham.
(By-law 2007-61)
(3) BIO 2007 (10.16)
That the report entitled “BIO 2007” be received;
And that the Town authorize the Director of Economic Development to participate in the annual BIO International Convention, in Boston, May 6-9, and related business development initiatives at a total cost not to exceed $4,800 to be funded from within the Economic Development 2007 base operating budget, Business Travel account #610-9985201;
And that the Chair of the Economic Development Committee be authorized to participate in the same event for a one day period at a cost not to exceed $1,100 to be funded from within the Economic Development 2007 base operating budget, Business Travel account #610-9985201.
CARRIED
5. MOTIONS
Council consented to add Motions (1) and (2).
(1) 90TH
ANNIVERSARY OF THE BATTLE OF VIMY RIDGE (12.2.6)
Moved by Deputy Mayor J. Jones
Seconded by Regional Councillor J. Heath
That the Town
of Markham Council commemorate the 90th Anniversary of the Battle of
Vimy Ridge fought from April 9 to 12, 1917, and express heartfelt thanks to
those Canadians who served at Vimy Ridge and in the First World War;
And that a
copy of this motion be forwarded to the local Veterans' Association.
CARRIED
(2) 2ND
UNIONVILLE CUBS (12.2.6)
Moved by Councillor D. Horchik
Seconded by Councillor J. Webster
That the Town
of
CARRIED
6. NOTICE OF MOTIONS
(1) RENAMING
OF HIGHWAY 7 FROM
DONALD COUSENS PARKWAY TO MAIN
STREET MARKHAM (10.14)
Moved by Councillor J. Webster
Seconded by Councillor J. Virgilio
Whereas
Highway 7 has been transferred from the Province to the Region from a point
just east of the Donald Cousens Parkway to Main Street Markham; and
Whereas the
urban plan is to create a streetscape more representative of a community than a
Provincial Highway;
Therefore be
it resolved that the Town of Markham Staff be requested to do the necessary to
start the process of changing the name of Highway 7 to something more suitable
and in keeping with Town and Region guidelines, practices and policies, as well
as public input.
(2) THORNHILL
MARKHAM HERITAGE CONSERVATION
DISTRICT PLAN (10.0)
Moved by Councillor V. Burke
Seconded by Regional Councillor J. Heath
Whereas the
guidelines in the Thornhill Markham Heritage Conservation
District Plan - 1986, which is the latest and most current plan,
state in Section 3.4.1.5:
“The
height of new residential buildings should not be less than 80% and not more
than 120% of the average height of the residential buildings on immediately
adjacent properties. Historically
appropriate heights for new residential buildings are considered to be 1-1/2 or
2 storeys, subject to an actual height in metres compatible with immediately
adjacent buildings and complying with zoning provisions. The height of the St. Valdimir Church steeple
(12 metres) is the maximum height considered appropriate for commercial
buildings on Yonge Street in the District.”; and
Whereas the
community has consistently resisted any recommendations which would allow a
greater height, under any circumstances within the whole of the conservation district,
than the heights specified in Section 3.4.1.5 above - especially for the short
distance from John Street north to the Don River for buildings facing Yonge
Street; and
Whereas this
portion of Yonge Street is the whole of the street from Lake Ontario to the
Lakehead which still shows heritage aspects of early Ontario; and
Whereas the
draft Thornhill-Markham Heritage Conservation District
Plan - 2006 states:
“The
goal and objectives of the 1986 Plan have been largely sustained, and the
District has been successful in preserving its heritage resources and heritage
character.”; and
Whereas this
commendable objective would not be achieved if Section 3.4.1.5 in the 1986 plan
were to be changed; therefore
Be it resolved
that staff be notified that it is the wish of this Council that the wording of,
and direction contained in, Section 3.4.1.5 in the 1986 plan be maintained in
the Thornhill Markham Heritage Conservation District
Plan - 2006 when the final version is brought forward for approval
to Council, and that no special policies which would modify or be contrary to
the wording of and the direction contained in Section 3.4.1.5, such as
“bonusing,” be included in the new plan.
7. COMMUNICATIONS
Seconded by Councillor C. Moretti
That Council
receive and consent to the disposition of communications in the following
manner:
Referred to all Members of
Council
22-2007 Liquor Licence
Application - Forwarding a request to complete the Alcohol and Gaming
Commission Municipal Information Form for Commerce Gate Dynasty Cuisine, 505
Highway 7 East, Building B, Units 39-44 (indoor) (3.21).
23-2007 Liquor Licence
Application - Forwarding a request to complete the Alcohol and Gaming
Commission Municipal Information Form for Nino P'Aversa Bakery Pane & Dolce
Inc., 7287 Yonge Street (indoor) (3.21).
24-2007 Liquor Licence
Application - Forwarding a request to complete the Alcohol and Gaming
Commission Municipal Information Form for Spicy Pizza Wings, 7200 Markham Road,
Unit 2B (indoor) (3.21).
25-2007 Markham Village
BIA - Forwarding a request to close the following streets on September 9, 2007
from 8:00 a.m. to 5:00 p.m. to facilitate the Olden Days and Antique Cars:
- Main Street Markham north from Highway
7 to south of Parkway Avenue
- Access east from Main Street Markham
is closed to Centre Street & Robinson Street
- Access west from Main Street Markham
is closed to Thompson Court & Dublin Street (By-law 2007-62) (3.5)
CARRIED
8. PROCLAMATION
Moved by Councillor L. Kanapathi
Seconded by Regional Councillor J. Heath
That Proclamation (1) be received and adopted.
(1) PROCLAMATIONS (3.4)
That the
following be proclaimed in the Town of Markham:
- Naturopathic Medicine Week - April 28 to May 6, 2007
- Seniors'
Month - June, 2007;
And that the Corporate Communications Department be
requested to publish the above proclamations in the local newspapers.
CARRIED
9. BY-LAWS
Moved by Councillor A. Chiu
Seconded by Councillor E. Shapero
That By-laws 2007-59
to 2007-63 be given three readings and enacted.
Three Readings
BY-LAW 2007-59 A by-law to amend Zoning By-law 304-87, as amended (Tucciarone
(1696913 Ontario Ltd.) – Clera Holdings Ltd.) south side of Elgin Mills Road,
west of Woodbine Avenue Cathedral Community19TM-95075 - To delete subject lands
from By-law 304-87, as amended, so that they may be incorporated into By-law 177-96,
as amended, to permit the proposed 4 single detached units and 18 semi-detached
units).
(Clause 1, Report No. 22, 2007)
BY-LAW 2007-60 A by-law to amend Zoning By-law 177-96, as amended (Tucciarone
(1696913 Ontario Ltd.) – Clera Holdings Ltd.) south side of Elgin Mills Road,
west of Woodbine Avenue Cathedral Community19TM-95075 - To permit the proposed
4 single detached units and 18 semi-detached units).
(Clause 1, Report No. 22, 2007)
BY-LAW 2007-61 A by-law to establish streets laid out according to Plan of
Subdivision 65M-2507 as public highway (Rust Developments Ltd., Part of Lots 4
and 5, Concession 6 - Brimley Road, Finchley Circle, Highglen Avenue, Foxleigh
Court, Saddlewood Court and Perdue Court).
(Clause 2, Report No. 22, 2007)
BY-LAW 2007-62 A by-law to authorize the temporary closure of Main Street
Markham north from Highway 7 to south of Parkway Avenue on September 9, 2007
from 8:00 a.m. to 5:00 p.m. to facilitate the Olden Days & Antique Cars.
(Communication 25-2007)
BY-LAW 2007-63 A by-law to designate part of a certain plan of subdivision not
subject to Part Lot Control (World Tech Construction Inc., south of Caboto
Trail and east of Greenberg Gate, Blocks 1, 3, 7 to 12, Plan 65M-3913).
CARRIED
10. IN-CAMERA ITEMS
Moved by Councillor D. Horchik
Seconded by Deputy Mayor J. Jones
That Council resolve into an in-camera session to discuss the following confidential matter:
(1) TENDER AWARD - BIRCHMOUNT ROAD
CARRIED
Moved by Councillor J. Virgilio
Seconded by Councillor L. Kanapathi
That Council rise and the Chair report the following from in-camera session:
REPORT
OF THE DEVELOPMENT SERVICES COMMITTEE (Apr. 10, 2007)
(1) AWARD OF TENDER #004-T07
BIRCHMOUNT ROAD EXTENSION
PHASE 1
CN TRACKS TO ENTERPRISE DRIVE
(5.10, 7.12)
That the report entitled “Award of Tender # 004-T-07 Birchmount Road Extension – Phase 1, CN
Tracks to Enterprise Drive” be
received;
And that the CAO be
authorized to finalize and award the contract
in whole or if necessary in parts for Tender
# 004-T-07 (Birchmount Road Extension – Phase 1, CN Tracks to Enterprise Drive) to the lowest price qualified bidder,
Advice Contracting Limited up to the total amount of $9,179,515.08 exclusive of GST;
And that a
contingency amount of $917,951.51 exclusive of GST be established to cover any additional
construction costs and that the Director of
And that
And that a
contingency amount of $62,400 exclusive
of GST be established to cover any additional construction inspection and
contract administration and that the Director of
And that staff be
authorized to retain a qualified independent environmental consulting firm in
accordance with the Town’s purchasing bylaw to provide on-site environmental
monitoring to ensure compliance with TRCA and DFO permit requirements for an
upset limit not to exceed $65,000 exclusive of GST;
And that staff be
authorized to retain a qualified geotechnical consulting firm in accordance
with the Town’s purchasing bylaw to provide geotechnical and materials testing
services during construction for an upset limit not to exceed $95,000 exclusive
of GST;
And that as
part of the overall project cost ($13,879,201) the Town of
And that upon payment of all the invoices, any remaining funds to applied be Phase 2 of the Birchmount Road extension project;
And that the Chief Administrative Officer be authorized and directed to execute a Licence/Access Agreement with Ontario Realty Corporation and Ruland Properties Inc. and any other documents required to gain access to their properties for construction purposes;
And that staff be authorized and directed to do all things necessary,
including the execution of documents, to give effect to the above.
CARRIED
Moved by Councillor A. Chiu
Seconded by Councillor J. Webster
That the report be adopted, approved and confirmed.
CARRIED
11. CONFIRMATORY BY-LAW
Moved by Councillor V. Burke
Seconded by Councillor D. Horchik
That By-law
2007-64 be given three readings and enacted.
Three Readings
BY-LAW 2007-64 A by-law to confirm the proceedings of the Council meeting of April
10, 2007.
(Council Meeting No. 7, 2007)
CARRIED
12. ADJOURNMENT
Moved
by Councillor A. Chiu
Seconded
by Regional Councillor J. Heath
That
CARRIED
Council adjourned at 7:33 p.m.
___________________________________ _____________________________________
SHEILA BIRRELL, TOWN CLERK FRANK SCARPITTI, MAYOR
(Signed)