2007-05-08
COUNCIL MINUTES Council Chamber, Civic Centre
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 C. Moretti, Councillor J. Webster, Councillor D. Horchik, Councillor L. Kanapathi. (10)
REGRET
Councillor E. Shapero, Councillor J. Virgilio, Councillor A. Chiu. (3)
The Regular
Meeting of Council was held on May 8, 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.
Moved by Deputy Mayor J. Jones
Seconded by Councillor D. Horchik
That the Minutes of the Council Meeting held on April 24, 2007, be adopted.
CARRIED
Council consented to add Presentation (4).
Council presented the Markham Museum Board Ted
Scaysbrook Memorial Awards to the following volunteers for their outstanding
work and to recognize them as major contributors to the Markham Museum:
2005
Award
Don Burton (posthumous)
Ms. Katrina Haneley accepted the award on
behalf of her grandfather Mr. Burton.
2006
Award
Leslie
Hillcoff
Council
recognized Ms. Yvonne Dufault for receiving the following awards:
W. R.
McGillivray Award
The award was
presented on October 22, 2006 at the Canadian National Parents for French
Conference for her notable leadership, initiative and commitment in promoting
French second-language learning development through community outreach programs
in the local library system.
Ontario
Teachers Insurance Plan (OTIP) Award
The award in the secondary school category was presented on October 5, 2006 for her community-based leadership and literacy outreach activities in French immersion.
Mr. Joel Lustig, Director of Financial and Client Services, presented an overview and detail information regarding the Town of Markham 2007 Budget.
Mayor F. Scarpitti thanked Councillor D. Horchik, Chair of Budget Subcommittee, and noted this is one of the greenest budgets for the Town of Markham. He also thanked staff for their outstanding contribution throughout the budget process.
Councillor D. Horchik thanked Members of the Budget Sub-Committee and staff for their significant effort to a very successful budget.
(Clause
2, Report No. 28, 2007)
Council extended their thoughts to the families of those who lost their homes at Union Villa during the recent fire on Monday, May 7, 2007. Council also thanked the staff of Fire Services Department for their outstanding efforts in dealing with this matter under very difficult circumstances.
Council
consented to separate Clause (2).
Moved by Deputy Mayor J. Jones
Seconded by Regional Councillor G. Landon
That Report No. 27 - General Committee (April 23, 2007) be received and adopted.
That
the report titled “2007 Unionville B.I.A. Operating Budget” dated April 23,
2007 be received;
And
that the 2007 Operating Budget in the amount of $198,178 for the Unionville
B.I.A. be approved;
And
that the Special Tax Rate levy, in the amount of $199,500, for the Unionville
B.I.A. members be included in the 2007 Tax Levy By-law;
And
that staff be authorized and directed to do all things necessary to give effect
to this resolution.
That the report entitled “2007 Markham Village B.I.A. Operating Budget” dated April 23, 2007 be received;
And that the Operating Budget in the amount of $247,593 for the Markham Village B.I.A. be approved;
And that the Special Tax Rate levy, in the amount of $186,045, for the Markham Village B.I.A. members be included in the 2007 Tax Levy By-law;
And that Staff be authorized and directed to do all things necessary to give effect to this resolution.
CARRIED
That
the report titled “Award of Tender 231-T-06 Reesor Road Bridge Replacement Over
Little Rouge River” be received;
And
that Tender 231-T-06 Reesor Road Bridge Replacement Over Little Rouge River be
awarded to the lowest priced bidder, Dufferin Construction Company in the
amount of $2,298,156.00, exclusive of GST;
And that
a contingency in the amount of $114,908.00, exclusive of GST, be established to
cover any additional construction costs and that the Director of Asset
Management be authorized to approve expenditure of this contingency amount up
to the specified limit and to provide a monthly statement of these expenditures
to the Town Treasurer;
And
that the award be funded from the 2007 Capital Works Department Capital Project
058-6150-7454-005 Bridges and Culverts Improvement Project in the amount of
$2,413,064.00;
That
Town Staff consult with the Rouge Park Staff and the Toronto and Region
Conservation Authority (TRCA) to advise them of the Town’s schedule and
construction practices regarding the Reesor Road Bridge Replacement;
And
further that staff be authorized and directed to do all things necessary to
give effect to this resolution.
That
the report titled “Proposed Licence with the City of Toronto for Town Water
Metering Chamber – Milliken Mills Reservoir” be received;
And
that Council authorize the Mayor and Clerk to execute a 10 year Licence
Agreement with the City of Toronto for the purpose of installing a chamber and
an external mounted water meter on lands located within the Milliken Mills
Reservoir property, said Licence to be in a form and content satisfactory to
the Chief Administrative Officer and the Town Solicitor;
And
that staff be authorized and directed to do all things necessary to give effect
to this resolution.
That the report titled, “Public Space Recycling Contract Extension” be received,
And that the Town extend the contract with EcoMedia Direct Inc. for a period not to exceed five years at no additional cost;
And that the number of public space recycling units under the contract be increased from 164 units to 170 units;
And that the current contract’s revenue provision to the Town be replaced with an increase in the allocation of the free advertising spaces by the Town from 8 to 20;
And that EcoMedia be requested to aggressively pursue a community based advertising strategy for all recycling stations located in the Town;
And further that the Mayor and Town Clerk execute a contract extension with EcoMedia satisfactory to the Town’s Solicitor.
CARRIED
Council consented to separate Clauses (1) and (2).
Moved by Councillor D. Horchik
Seconded by Councillor C. Moretti
That Report No. 28 - General Committee (April 30, 2007) be received and adopted.
Whereas local and
timely access to health care and social services is essential for building
strong, prosperous and healthy communities;
Whereas the Town of
Whereas existing
Provincial funding for health care and social services fails to take into
account the need for additional local health and social services in high growth
communities across
Whereas there is a
$1.5 billion gap in provincial funding for health and social services in the
Town of Markham and the GTA/905 regions compared to the rest of Ontario and the
funding gap has grown over the last several years;
Whereas Premier
McGuinty’s position on the federal funding gap for Ontario and the need for a
fairer share of federal transfer payments based on population size is the same
situation being faced by the Town of Markham and other GTA/905 communities in
terms of provincial funding for health and social services;
Whereas the Federal
Government has now acknowledged the need to distribute federal funds Provinces
on a per capita basis and the Province of Ontario is now receiving an
additional $1 billion from the Federal Government to pay for health and social
services in Ontario;
And Whereas York
Region residents are now contributing more that $170 million to the
Be it resolved that
the Town of
1. Provide immediate growth funding to
GTA/905 hospitals and health and social services so they can meet the needs of
the growing number of residents in their communities
2. Commit to allocating provincial health
and social services funding, including health promotion and disease prevention,
to Local Health Integration Networks (LHIN) and Ontario regions on the basis of
population size, growth and characteristics, i.e., population-based funding.
3. Develop a health and social services
plan for Ontario’s high growth regions to help build the “complete communities”
envisioned in Places to Grow.
And that appreciation
be expressed to the GTA/905 Healthcare Alliance and the Health Services
Coalition at the Region;
And that this
resolution be sent to the Premier of Ontario, the Minister of Health and
Long-Term Care and the Minister of Finance.
CARRIED
Moved by Councillor D. Horchik
Seconded by Deputy Mayor J. Jones
That the report dated April 30, 2007 entitled, “Town of Markham 2007 Budget” be received;
And that Council approve a 2007 property tax rate
increase of 3.98%;
And that Council approve the 2007 Operating Budget for Town services which totals $151,419,368, (excluding prior year surplus) the principle components of which are detailed on Appendix 1;
And that gross operating expenditures of $151,419,368, (excluding prior year surplus transfers to reserves) be funded from the following sources:
And that Council approve the 2007 Capital Budget that totals $91,467,300, the funding details of which are listed in Appendix 2;
And that Council approve the 2007 Waterworks Operating Budget that totals $50,146,462, (excluding prior year surplus) the principle components of which are detailed on Appendix 4;
And that Council approve the 2007 Building Standards Budget that totals $8,045,000 the principle components of which are detailed on Appendix 5;
And that upon finalization of the 2006 audited financial statements, the 2007 Operating and Waterworks budgets be adjusted to reflect the 2006 operating results;
And that a copy of the budgets be made available to the public through the Clerk’s Department and each of the Markham Public Libraries;
And that Staff be authorized and directed to do all things necessary to give effect to this resolution.
CARRIED
(See following unanimous recorded
vote)
YEAS: Mayor F. Scarpitti, Deputy Mayor J. Jones, Regional Councillor J. Heath, Regional Councillor T. Wong, Regional Councillor G. Landon, Councillor V. Burke, Councillor C. Moretti, Councillor J. Webster, Councillor D. Horchik, Councillor L. Kanapathi. (10)
ABSENT: Councillor E. Shapero, Councillor J. Virgilio, Councillor A. Chiu. (3)
That the report entitled, “General Comments
on the Closing of the Nanticoke Coal Fired Power Plants” be received for
information;
And that the Corporation of the Town of
Markham continue to support the Province’s efforts to explore coal replacement
options that achieve environmental accountability, preservation of economic
sustainability and that provide a reliable and secure electricity system to all
Ontarians;
And that the Province of Ontario continue to
strive towards a phase out plan for the four (4) remaining coal burning plants
in the Province.
That the report entitled “Authorization To
Enter Into A One Year Contract To Procure Electricity From Retailers For The
Town Street Light Energy Account,” be received;
And that a one year contract to permit the
Town of Markham to move its street light energy account from the Regulated
Price Plan (RPP) to the spot market be awarded to Constellation New Energy for
$1,000.00 and be funded through the street light energy account, 720-720-5930;
And that Staff be authorized and directed to
do all things necessary to give effect tot his resolution;
And further that the Mayor and the Clerk be
authorized to execute the contract, as required, in a form satisfactory to the
Town Solicitor.
That the report entitled “Proposed Draft
By-Law to Regulate the Non-Essential Use of Pesticides” be received;
And that Council hold a Public Information
Meeting to obtain public input on the proposed draft By-Law attached as
Appendix “I” to this report;
And that the Public Information Meeting be
held on May 23rd from 7 p.m. to 9:30 p.m. in the Council Chambers;
And that Staff be authorized to immediately
provide notice of the Public Information Meeting and post the meeting notice
and proposed draft By-Law on the website;
And that the By-Law be phased-in, and an
enhanced and comprehensive education program be established;
And that the By-law take effect January 1,
2008;
And that staff prepare a report on a by-law
enforcement plan;
And that staff arrange a meeting with
representatives of Town of Markham golf courses and lawn bowling green
operators to discuss the feasibility of those properties being subject to the
by-law;
And that Staff be authorized and directed to
do all things necessary to give effect to this resolution.
That the report “Draft 2006 Financial Statements” be received;
And that Council approve the Corporation of
the Town of
And that Council authorize Staff to issue the
Consolidated Financial Statements for the fiscal year ended
And that Staff be authorized and directed to do all things necessary to give effect to this resolution.
CARRIED
Council consented to separate Clause (2).
Moved by Deputy Mayor J. Jones
Seconded by Councillor J. Webster
That Report No. 29 - Development Services Committee (May 1, 2007) be
received and adopted.
Report Att1
Att2
Att3
Att4
Att5
That the report entitled “Markham-Laval Economic Alliance Program” be received for information,
And that staff be approved to implement the proposed 2007 action plan at a cost not to exceed $10,500 and to be funded through Economic Development Capital account #086-6900-7679-005 ($8,000) and Economic Development Business Travel Account 610-9985201 ($2,500),
And that Council authorize the Mayor, the Chair of the Economic Development Committee and the Senior Business Development Officer, to participate in the fall business mission to Laval,
And that Staff be authorized and directed to do all things necessary to give effect to this resolution.
That the report entitled “Renaming of the by-passed section of Highway 7 east of Locust Hill and the Town owned Markham By-Pass in Cornell”, dated May 1, 2007, be received;
And that the Town of Markham request the Ministry of Transportation to rename the by-passed section of Highway 7, east of Locust Hill as Locust Hill Lane;
And that the Town rename the Town owned Markham By-Pass in Cornell as Cornell Centre Boulevard;
And that a by-law to rename the Town owned Markham By-Pass to Cornell Centre Boulevard be considered by Council at its meeting on June 12, 2007;
And that the Clerk be authorized to provide notice in accordance with notice By-law 2002-275;
And further that Staff be authorized and directed to do all things necessary to give effect to this resolution.
CARRIED
That the report dated May 1, 2007 entitled “RECOMMENDATION REPORT, Dufferin Concrete, 7655 Woodbine Avenue, Applications for Official Plan and zoning by-law amendment to permit the modernization of an existing concrete plant,” be received;
And that the record of the Public Meeting held on March 20, 2007 to consider the requested Official Plan and zoning by-law amendments, be received;
And that the Official Plan Amendment application (OP 06 132795) be approved as outlined in the staff report and the draft Official Plan Amendment attached as Appendix ‘A’ be finalized and adopted;
And that the Zoning By-law Amendment application (ZA 06 132837) be approved as outlined in the staff report and the draft implementing zoning by-law attached as Appendix ‘B’ be finalized and enacted;
And that staff be authorized and directed to do all things necessary to give effect to this resolution.
CARRIED
Council consented to add
Report No. 30 and to separate Clause (2).
Moved by Regional Councillor
T. Wong
Seconded by Councillor V.
Burke
That Report No. 30 - General
Committee (May 7, 2007) be received and adopted.
That Mr. Tom Allan be
appointed to the Markham Theatre Advisory Board for a term to expire November
30, 2008.
Whereas it is the desire of Markham Council to work together with
Markham-Stouffville Hospital to provide an integrated Community Centre,
Library, Health and Wellness complex in east Markham;
And whereas such a facility offers synergies and benefits to the
community including more efficient use of resources for land, space, services,
capital costs, operating costs, library, and meeting rooms;
And whereas there are opportunities for services to be provided by
Markham District Energy to the new complex and the hospital and potentially
other buildings in the area;
And whereas the new complex would serve as a catalyst for structured
parking to serve it and the hospital and potentially other buildings in the
area;
And whereas the complex will provide an opportunity to demonstrate
unique partnerships in Markham, York Region, and the GTA;
Therefore, be it resolved that:
1. A major portion of the East Markham Community Centre and
Library, integrated with Markham-Stouffville Hospital’s proposed Health and
Wellness facility including the
provision for a parking garage, be located on the west side of Bur Oak
just south of Church Street;
2. The Town confirm to the hospital that the land required for
the above purposes is 9.2 acres;
3. The Mayor and Clerk be authorized to execute a MOU with the
hospital with respect to land acquisition, design, construction and operating
arrangements for the Community Centre and Library and the Hospital’s Health and
Wellness facility on a joint development site, in a form satisfactory to the
Town’s CAO and Solicitor;
4. The East Markham Community Centre and Library (E.M.C.C. &
L) multi-purpose facility include the following amenities, among others to be
determined:
·
Enhanced indoor pool (25 metre 8 lane competition pool), therapeutic
pool, and teaching pool
·
Enhanced fitness area
·
Gymnasium
·
Multi-purpose programme space
·
Youth and seniors programme space
·
Library;
5. Staff consult with the Public and Catholic School Boards, and
affected landowners, about acquiring further lands on the east side of Bur Oak
for community centre purposes and / or opportunities to work together to
provide joint amenities with either or both Boards;
6. Staff consult with hospital officials concerning
opportunities to work together on the construction and operation of structured
parking on community centre or hospital owned land;
7. Staff consult with hospital officials concerning
opportunities for services to be provided by Markham District Energy to the new
complex and the hospital;
8. Using Clause 4 as the base point, staff conduct a charette in
June with community and stakeholder representatives. Matters to be discussed
might also include:
- For the west side of Bur-Oak:
·
Siting options for the facility and its amenities
·
Temporary and / or permanent parking
·
Indoor playground activity area
·
Indoor splash pad
·
Indoor mini-stage for presenting plays, etc.
·
Pre-school rooms
·
Specific services offered by the Health and Wellness Facility
·
Other recreational opportunities
- For the east side of Bur-Oak:
·
Temporary and / or permanent parking
·
Outdoor splash pad
·
Outdoor skating rink
·
Soccer
·
Skateboard park
·
Children’s playground
·
Tennis
·
Off leash park
·
The relationship with a potential high school
·
Other recreational opportunities;
9. The MOU make reference to discussions
between the Town of Markham and Markham-Stouffville hospital regarding
opportunities for synergies in the design of the facility, such as shared
building walls etc.;
10. Staff report back to General Committee later in June on
progress concerning this resolution and the results of the charette.
CARRIED
Council consented to add Motions (1) and (2).
Moved by Councillor C.
Moretti
Seconded by Councillor J.
Webster
That Ms. Genevieve Landis
and Mr. Robert Baird be appointed to the Markham Musuem Board for the
term ending November 30, 2009;
And that the term of office
for Mr. Jim Wicks and Ms. Susan Smitko be extended until the establishment and incorporation
of the Museum Foundation has been finalized;
And that Mr. Azhar Khan be appointed to the Traffic Safety Committee as the representative of Ward 8 for the term ending November 30, 2008.
CARRIED
Moved by Regional Councillor G. Landon
Seconded by Councillor C. Moretti
That staff of the Fire Services Department be
commended for their outstanding efforts in dealing with the recent fire at
Union Villa on May 7, 2007.
CARRIED
Moved by Councillor D. Horchik
Seconded by Regional Councillor G. Landon
That Council
receive and consent to the disposition of communications in the following
manner:
CARRIED
Moved by Councillor V. Burke
Seconded by Councillor C. Moretti
That Proclamation (1) be received and adopted.
That the
following be proclaimed in the Town of Markham:
- National Access Awareness Week - May 27 to June 2, 2007
- Peace Tree
Day - June 1, 2007
- Spina Bifida and Hydrocephalus Awareness Month - June 2007
- Elder Abuse Awareness Month - June 2007
- Ontario Family Fishing Weekend - July 6 to 8, 2007
- Markham Fair
Week - Week of September 24, 2007;
And that the Corporate Communications Department be
requested to publish the above proclamations in the local newspapers.
CARRIED
Councillor J. Webster spoke on the delay in the opening of Bur Oak Avenue. Council requested a meeting be convened with appropriate representatives from Cornell Developers Group and Regional Transportation Group.
Council consented to add By-law 2007-86.
Moved by Regional Councillor T. Wong
Seconded by Regional Councillor G. Landon
That By-laws 2007-81
to 2007-84 and By-law 2007-86 be given three readings and enacted.
CARRIED
Move by Regional Councillor G. Landon
Seconded by Deputy Mayor J. Jones
That the Chair report the following in-camera items:
REPORT
OF GENERAL COMMITTEE - April 30, 2007
That the report entitled “Markham District Energy Inc.: Amended Warden Energy Centre Site Lease and Proposed Site Lease for Combined Heat and Power Facility” be received;
That Council authorize the Mayor and Clerk to
execute the following agreements for lands at
And that Staff be authorized and directed to
do all things necessary to give effect to this resolution.
That the
Treasurer commence the registration process under Section 373 of the Municipal Act, 2001 for the subject properties listed in
Appendix "A" to the report entitled "Properties Ready for Tax
Sale Registration", dated April 23, 2007.
REPORT
OF DEVELOPMENT SERVICES COMMITTEE - May 1, 2007
That the report entitled "Berczy Village and Greensborough Community Parks and Surrounding Areas – Settlement Negotiations" be received for information;
And that Council direct staff to report back to Council on the settlement negotiations when deemed appropriate by the Commissioner of Development Services and the Town Solicitor;
And that Council approve funding in the amount of $100,000.00 from the Corporate Contingency account for legal fees, consultants' fees and any emergency, interim repairs to be spent only with the approval of the Town Solicitor or the Director of Planning and Urban Design;
And that Staff be authorized and directed to take the actions set out in this report.
That the report entitled Gillian Stewart appeal of Committee of Adjustment decision regarding 10620 Warden Avenue be received;
And that the Town Solicitor and Staff be instructed not to attend the Ontario Municipal Board hearing scheduled for May 10, 2007 to hear the appeal by Gillian Stewart of the decision of the Committee of Adjustment which approved the application for minor variance by Ruth Brock, owner of 10620 Warden Avenue, Markham to permit the continued storage of farm and construction vehicles and equipment on the subject lands;
And that Staff be authorized and directed to take the actions set out in this report.
CARRIED
Moved by Councillor L. Kanapathi
Seconded by Councillor J. Webster
That By-law
2007-85 be given three readings and enacted.
CARRIED
Moved by Regional Councillor J. Heath
Seconded
by Councillor C. Moretti
That
CARRIED
Council adjourned at 8:24 p.m.
___________________________________ _____________________________________
SHEILA BIRRELL, TOWN CLERK FRANK SCARPITTI, MAYOR
(Signed)