2008-01-22
COUNCIL MINUTES Council Chamber, Civic Centre
ROLL
CALL
Mayor F. Scarpitti, Regional Councillor 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 January 22, 2008 at 7:08 p.m. in
STAFF
J. Livey, Chief Administrative Officer
J. Baird, Commissioner of Development 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
A. Seabrooke, Acting
Director, Library Services, Fire Services, Recreation and Culture
P. Loukes, Acting Director, Operations and Water Works
Moved by Councillor A. Chiu
Seconded by Councillor L. Kanapathi
That the Minutes of the Council Meeting held on December 11, 2007, be adopted.
CARRIED
Council consented to add Presentation (1).
York Region staff provided Council with an update on the Region of York Environmental Assessments.
Council consented to add Presentations (3) to (22).
(Motions 1 and 2)
(Motions 1 and 2)
(Motions 1 and 2)
(Motions 1 and 2)
(Motions 1 and 2)
Council consented to add Petitions (1) and (2).
Moved by Councillor E. Shapero
Seconded by Councillor J. Virgilio
That the petition submitted by Peter Miasek, signed by 740
area residents, in objection to the widening of 16th Avenue be
received.
(Motion 2)
CARRIED
Moved by Councillor E. Shapero
Seconded by Councillor J. Virgilio
That the petition submitted by Susan Leppington, signed
by six area residents, in objection to the widening of Bayview Avenue be
received.
(Motion 1)
CARRIED
Council consented to separate Clause (3).
Moved by Councillor J. Virgilio
Seconded by Councillor A. Chiu
That Report No. 1 - General Committee be received and adopted.
That
the minutes of the November 26, 2007 Markham Public Library Board be received;
And
that the following resolution be approved by Council:
"That the Board approve changing the business name “Markham Public Libraries” (using the plural form of “library”) to “Markham Public Library” (using the singular form of “library”);
And that the Board authorize the Town of Markham Legal Department to secure external legal counsel to take all required actions to register an “official mark” for the name(s) used by Markham Public Libraries/Markham Public Library, to obtain greater protection for the names."
That sections 5(j) and 9(3) of By-Law
2005-188 “A By-law to govern and control parking of vehicles in the Town of
Markham” be amended to provide for administrative amendments to wording with
respect to parking regulations on boulevards and Fire Access Routes;
And that the proposed amendments to section
5(e) of By-Law 2005-188 be referred back to staff to consider options such as
allowing minimal obstruction or relaxing the requirements outside of the snow
clearing season;
And that Staff be authorized and directed to do all things necessary to give effect to this resolution.
(By-law 2008-1)
That
$80,100 from project 8176 (AMANDA Enhancements) and $15,000 from project 8006
(AMANDA Operational Audit) of the Capital Budget be pre-approved for the
following purposes:
a. The “Time and Activity Tracking Module”
be implemented to support KPI reporting and fee model maintenance at a cost of
approximately $29,700,
b. Letter of Credit automation be
implemented, at a cost of approximately $26,400 and
c. Support services be procured to augment
the capacity of our staff AMANDA administrator at a cost of approximately
$24,000, and
d. That consulting services be procured
for an estimated cost of $15,000 to update the assessment of Markham’s AMANDA
implementation to identify any gaps between the system’s functional capability
and its implementation in Markham with particular focus on any fiduciary or
security implications of such gaps;
And
that the above services be awarded to CSDC Systems Inc., on a preferred
supplier basis pursuant to section 7(1)c of the
Purchasing By-law;
And
that Staff be authorized and directed to do all things necessary to give effect
to this resolution.
CARRIED
(Regional Councillor G. Landon
abstained)
That
the itinerary for the Annual GTA Transportation Summit be received;
And
that Council approve requests by Regional Councillor
G. Landon and Councillor J. Webster to attend the conference on March 5-6, 2008
at an estimated cost of $1,000.00 each.
That
the letter from the Corporation of the City of Waterloo dated December 17, 2007
containing a resolution requesting the Province of Ontario to exempt all
Ontario municipalities from paying PST with the understanding that the savings
be mandated to fund existing infrastructure renewal and asking Ontario
municipalities to endorse this resolution be received;
And
that Council endorse the resolution by the City of Waterloo and forward this
endorsement to the Prime Minister of Canada, Minister of National Revenue,
Minister of Transport, Infrastructure and Communities, Minister of Public Works
and Government Services, and Minister of Public Safety and the Premier of
Ontario, Minister of Public Infrastructure Renewal, Minister of Finance,
Minister of Revenue, Minister of Transportation and Minister of Municipal
Affairs and Housing and the City of Waterloo, the Association of Municipalities
of Ontario and the Federation of Canadian Municipalities.
And
that Council endorse the resolution by the City of
Waterloo and forward this endorsement to Markham’s provincial and federal
representatives and the City of Waterloo, the Association of Municipalities of
Ontario and the Federation of Canadian Municipalities.
That the
Town of Markham immediately support the two (2) grant applications by the
Unionville Business Improvement Area (BIA) for funding to support the
Unionville Historic Heritage Celebration and Doors Open Markham events due to
time constraints;
And
that this action be ratified by Council on January 22,
2008;
And
that Council support a grant application by the
Markham Village Music Festival.
CARRIED
Moved by Councillor J. Webster
Seconded by Councillor D. Horchik
That Report No. 2 - Development Services Committee be received and adopted.
That Council proceed with the designation of the Homer Wilson Farmhouse, the J.P Carr Cottage and the Pingel Farm Cemetery, located at 10225-10227 Kennedy Road under Part IV of the Ontario Heritage Act.
And that Staff be authorized and directed to do all things necessary to give effect to this resolution.
That in keeping with Council’s decision to refuse the demolition permit application for the c.1948 house at 179 John Street, Site Plan Control Application SC 07 131520 for the construction of a new house also be refused;
That
the applicant be requested to work with Town staff and
Heritage Markham to create an appropriate addition to the existing house that
will preserve the significant heritage attributes and vegetation;
That the applicant be notified of Council’s decision as per the requirements of the Ontario Heritage Act;
And that Staff be authorized and directed to do all things necessary to give effect to this resolution.
That Council agree to an extension of the 90 day time period for Council’s consideration of the demolition permit application submitted on November 14, 2007 by the Owner of the John Ramer House and Barn at 6278 19th Avenue, pending a final Decision and Recommendations being delivered by the Conservation Review Board (the “Board”) concerning the designation of the property under Part IV of the Ontario Heritage Act, as required by the Board in adjourning the Hearing for completion mid April, 2008 and as permitted by subsection 34(2) of the Ontario Heritage Act;
That Council authorizes the Town Solicitor to execute an agreement with the Owner, in a form satisfactory to the Town Solicitor and as required by the Board, to give effect to the extension of the 90 day time period;
And that staff be authorized and directed to do all things necessary to give effect to this resolution, including obtaining a comprehensive structural engineer’s report and opinion on the house and barn at 6278 19th Avenue.
That
Council is of the opinion that the existing Markham Inventory of
Heritage Buildings, which includes properties reviewed by Heritage
Markham and approved by Markham Council for inclusion, meets the criteria of a
“register” as outlined in Section 27 of the Ontario Heritage Act;
That the Markham Inventory of Heritage Buildings be renamed the Markham Register of Property of Cultural Heritage Value or Interest;
That Council endorses the inclusion of the additional properties of cultural heritage value or interest identified in Appendix “A” of this report (which have been reviewed by the Town’s municipal heritage committee), on the Markham Register of Property of Cultural Heritage Value or Interest;
That the Markham Register of Property of Cultural Heritage Value or Interest continue to include non-designated properties identified as having cultural heritage value or interest, Part IV properties (individual designation) and Part V properties (district designation);
That the addition of new property addresses to the Markham Register of Property of Cultural Heritage Value or Interest and the removal of the former addresses from the Register does not require Council approval in the following situations:
That as per the requirements of the Ontario Heritage Act, Council will consult with the Town’s municipal heritage committee (Heritage Markham) before including or removing a property from the Register;
That Council reiterates its policy requiring all applications and permits affecting properties identified on the Register to be circulated to Heritage Markham for review as part of the Town’s regular approval process;
And that Staff be authorized and directed to do all things necessary to give effect to this resolution.
That the Official Plan amendment including
the updated Cornell Secondary Plan (OP 06-114028), attached as Appendix ‘A’ be finalized and adopted,
and forwarded to the Region of York for approval;
That the Region of
York be requested to amend the York Region Official Plan to incorporate lands
east of Donald Cousens Parkway and west of Reesor Road, identified as a
‘Deferral Area’ in the updated Cornell Secondary Plan, into the Region’s urban
settlement area as employment lands;
That the lands east
of Reesor Road, identified as a ‘Deferral Area’ in the updated Cornell
Secondary Plan, be designated as a Study Area to allow for additional
consideration of options regarding future use of these land owned by the
Province, including possible designation of these lands for business park
employment, open space, Rouge Park and/or other appropriate uses;
That Staff enter into
further discussions with the Province of Ontario, ORC (Ontario Realty Corporation),
Region of York, Rouge Park Alliance and TRCA in regard to land use and
sustainability criteria and interface relationship to the Rouge Park for the
provincially owned lands;
And that Staff
be authorized and directed to do all things necessary to give effect to this
resolution.
(By-law 2008-2)
That the staff report entitled “Final Draft Rouge River Watershed Plan” dated January 15, 2008, be received;
And That the Town commend the Rouge River Watershed Task Force, the Toronto and Region Conservation Authority and the Rouge Park Alliance for their efforts in the preparation of a innovative, comprehensive and action orientated Watershed Plan;
And That Council indicate support in principle for the Rouge River Watershed Plan, as a broad strategic planning tool to help guide decision making in the Rouge watershed;
And That this staff report be forwarded to the Toronto Conservation Authority as input into Final Draft Rouge River Watershed Plan, and to the Region of York and the Rouge Park Alliance;
And That staff report back on the Rouge River Watershed Plan
Implementation Strategy (when available);
And That staff continue to work co-operatively with the Toronto and Region Conservation Authority, Rouge Park, the Region of York and other municipalities, agencies, residents and stakeholders, as appropriate, to implement the Rouge River Watershed Plan within the Town of Markham;
And Further That staff be authorized to do all things necessary to give effect to this resolution.
That the report entitled “Growth Management Strategy – Naming and Reporting to Council” be received and endorsed;
And that the work program and initiatives outlined in the report originally titled “Directed Growth Strategy” dated November 6, 2007, proceed under the new title “Growth Management Strategy.”
And that
reporting to Council on the Strategy be through the
Development Services Committee of Council, and not through a separate Steering
Committee;
And
that Staff be authorized and directed to do all things necessary to give effect
to this resolution.
That the report to Development Services Committee dated January 15, 2008 entitled “Pathway Encroachment Agreement between the Town and Greensborough Management Incorporated” be received;
And that the Mayor and Clerk be authorized to execute a pathway encroachment agreement with Greensborough Management Inc., as Trustee for The Greensborough Developers Group, to the satisfaction of the Commissioner of Development Services and the Town Solicitor;
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. 3.
Moved by Councillor A. Chiu
Seconded by Councillor J. Virgilio
That Report No. 3 - General Committee be received and adopted.
That the itinerary for the FCM Sustainable
Communities Conference and Trade Show 2008 be received;
And that Council approve a request by Councillor, E. Shapero to attend the
conference on February 14-16, 2008 with overnight accommodation costs not to
exceed $250 per night;
And that staff report
back as to whether this is an appropriate limit for overnight accommodation for
future events.
CARRIED
Council consented to separate Motions (1) and (2) and to add Motion (3).
Moved by Regional Councillor T. Wong
Seconded by Councillor E. Shapero
Whereas the Town of Markham recognizes that climate change is a serious matter, and the municipality must reduce carbon emissions to ensure our community is resilient in the face of these challenges;
And whereas the three Public Information Meetings held by the Regional Municipality of York regarding the widening of Bayview Avenue, met with considerable resident concerns related to the limited scope of the environmental assessment and lack of options examined;
And whereas in 2007, the Town of Markham endorsed the Markham Erosion Restoration Implementation Plan, with six priority erosion sites located adjacent to Bayview Avenue within East Don Tributary;
Therefore be it resolved that the Town of Markham request York Region to examine viable and distinct alternatives to the widening of Bayview Avenue in a broader environmental assessment process;
And that the environmental assessment be expanded to include alternatives such as more effective use of existing lanes, light rail and improved higher order transit service;
And that York Region be requested as part of the process to recalibrate the modeling done to date incorporating new data based on the extension of the Yonge Street Subway north into York Region.
CARRIED
(Recorded vote unanimous) (13:0)
Moved by Councillor J. Virgilio
Seconded by Councillor C. Moretti
Whereas the Town of Markham recognizes that climate change is a serious matter, and the municipality must reduce carbon emissions to ensure our community is resilient in the face of these challenges;
And whereas in 2007, the Town of Markham endorsed the Markham Erosion Restoration Implementation Plan;
Therefore be it resolved that the Town of Markham request York Region to examine viable and distinct alternatives to the widening of 16th Avenue, Kennedy Road, McCowan Road, Yonge Street and Leslie Street in a broader environmental assessment process;
And that the environmental assessment be expanded to include alternatives such as more effective use of existing lanes, light rail and improved higher order transit service;
And that York Region be requested as part of the process to recalibrate the modeling done to date incorporating new data based on the extension of the Yonge Street Subway north into York Region.
CARRIED
(Recorded vote unanimous) (13:0)
Moved by Councillor E. Shapero
Seconded by Councillor J. Virgilio
That the communications regarding the motions on the York Region Environmental Assessments, submitted by the following residents, be received:
- Barbara Mahler
- Tricia and James Staples
- Grace He
- Janet May
- Elizabeth Hutchison
- Nabil Harfoush
- Nancy Irwin
- Sandra McEleney
- Donna Stefoff
- Joan Matchett.
CARRIED
(2/3 VOTE WAS REQUESTED & OBTAINED)
Moved by Regional Councillor G. Landon
Seconded by Councillor V. Burke
Whereas there were close to 40,000 tickets issued in the Town of Markham under the Highway Traffic Act in 2007;
And whereas this represents an increase in ticket issuance rates of 15% in Thornhill and 5% in Markham;
And Whereas the York Regional Police indicated there is a blatant lack of regard for traffic regulations in school zones;
Therefore be it resolved that the Town of Markham should enact a by-law to implement designated Community Safety Zones in the vicinity of all schools located in the Town;
And that the fine(s) for any traffic violations within the designated Community Safety Zones be doubled.
Council consented to add Communication Nos. 6-2008 to 8-2008.
Moved by Regional Councillor T. Wong
Seconded by Councillor A. Chiu
That Council
receive and consent to the disposition of communications in the following
manner:
(Motion 1)
(Motion 1)
(Motion 1)
CARRIED
Moved by Regional Councillor T. Wong
Seconded by Councillor L. Kanapathi
That the zoning application (ZA 06-135983) submitted by Mattamy (Country Glen Ltd) and Wykland Estates Inc, to implement draft plan of subdivision 19TM-06016 (SU 06-135982) south of 16th Avenue, east of Bur Oak Avenue, be approved and the amendments to Zoning By-laws 304-87, as amended and 177-96, as amended, be enacted without further notice;
And that servicing allocation
for 132.5 units (392.3 population) be granted to plan of subdivision 19TM-06016, and servicing
allocation for 13 units (38.7 population) for the remaining unregistered units
in plan of subdivision 19TM-030007 be granted from the total allocation for the Cornell Community,
assigned in accordance with the June 20, 2006 report on servicing allocation.
(By-laws 2008-3 and 2008-4)
CARRIED
_________________________________________
Mayor F. Scarpitti vacated the Chair and Regional Councillor T. Wong assumed the Chair as Presiding Officer.
_________________________________________
Moved by Regional Councillor
J. Heath
Seconded by Councillor L.
Kanapathi
That Regional Councillor T.
Wong be appointed as Presiding Officer for purposes of
the consideration on the appointment of Deputy Mayor and various committee
appointments.
CARRIED
Moved by Mayor F. Scarpitti
Seconded by Councillor A.
Chiu
That Regional Councillor Jack Heath be appointed Deputy Mayor for a term of office to expire November 30, 2010;
And that the following appointments be confirmed for a term to expire November 30, 2008:
Chair of Development Services Committee: Councillor John Webster
Vice Chair of Development Services Committee: Councillor Dan Horchik
Chair of IT Sub-Committee: Regional Councillor Tony Wong
Chair
of Canadian Sport Institute Ontario Steering Committee (CSIO): Councillor Alex Chiu
CARRIED
_________________________________________
Regional Councillor T.Wong vacated the Chair and Mayor F. Scarpitti assumed the Chair.
_________________________________________
This matter was referred to the in-camera session of Council meeting this date - See In-camera Clause (5).
Moved
by Councillor A. Chiu
Seconded
by Regional Councillor G. Landon
That the following recommendations of the Celebrate Markham Grants
subcommittee be approved:
1. That the request for a 2008 grant of $8,000 for the Chinese
New Year Celebration, which represents an increase of $500 over 2007 be
approved.
2. That a grant to the Markham African Caribbean Association,
in the amount of $2,000, which is an increase of $1,000 over 2007, to host the
2008 Community Celebration of Black History Month at the Town of Markham Civic
Centre on February 12, 2008, be approved.
CARRIED
Moved by Councillor A. Chiu
Seconded by Councillor D. Horchik
That By-laws 2008-1
to 2008-13 be given three readings and enacted.
CARRIED
Council consented to separate Clause (5).
Moved by Councillor A. Chiu
Seconded by Councillor E. Shapero
That Council resolve into an in-camera session to discuss confidential matters.
CARRIED
Moved by Councillor A. Chiu
Seconded by Councillor E. Shapero
That Council rise and the Chair report the following from in-camera session:
That staff be
authorized to terminate the contract with the Town of
And that staff
be directed to enter into an agreement, satisfactory to the Town Solicitor,
with the Ontario Society for the Prevention of Cruelty to Animals (O.S.P.C.A.)
for the provision of animal care services for the Town of
And that the RFP process be waived in accordance with Purchasing Bylaw 2004-341, Part 11, Section 7(1)h which states “where it is necessary or in the best interest of the Town to acquire non-standard items or Professional Services from a preferred supplier”;
And that staff be authorized and directed to do all things necessary to give effect to this resolution.
That the confidential report entitled “Nella
Ieraci Appeal of Committee of Adjustment Decision regarding Rohini Sharma, 52
Nelson Street, Markham”, be received;
And that the Town Solicitor and Staff be instructed not to attend the Ontario Municipal Board hearing of the Appeal by Nella Ieraci from the decision of the Committee of Adjustment approving the three variances for the existing house addition, as renovated, and accessory structures at 52 Nelson Street, Markham;
And that the Town Solicitor be instructed to request the inclusion of the Conditions in
Appendix “C” to this Report, in any approval of the variances by the Ontario
Municipal Board;
And that Staff be authorized and directed to take the actions set out in this report.
That the confidential report entitled “Ontario Municipal Board appeal of Langstaff Temporary Use By-laws - Settlement Report” be received;
That
Staff be instructed to take the actions set out in this report.
That the confidential report entitled “Ontario Municipal Board Hearing - Applications by 1547155 Ontario Ltd. for Official Plan and Zoning By-law Amendments and Site Plan Approval to permit a residential condominium with grade-level retail at 7751 Yonge Street, southeast corner of Yonge Street and Thornhill Summit Drive – Thornhill Heritage Conservation District (File Nos OP 05 00564, ZA 05 005464, SC 06 135980)” be received;
That Council endorse in principle and that staff
be authorized and directed to draft Minutes of Settlement reflecting the
development principles set out below and otherwise set out in this report, for
the purpose of settlement of the appeal to the Ontario Municipal Board by
1547155 Ontario Limited (the “Applicant”);
(i) The development concept, dated January 8, 2008, as amended to delete the fifth storey (hereafter referred to as the “Development Concept” ), shown in Figures 1 through 9 attached, comprising 46 residential units and 9,470 square feet of retail space on Yonge Street, be endorsed, subject to:
a. Confirmation from the Region of York that the Development Concept is
acceptable, with specific reference to the location of the internal driveway to
b. Confirmation by the Town Engineering and the Building Departments that the Development Concept will be acceptable in terms of layout of services and facilities on site;
c. Receipt of detailed site plan drawings, including satisfactory
landscape plans, elevations and such other documentation or supporting material
as are required to prepare a site plan recommendation report.
(ii)
The Town will
provide a commitment for servicing allocation for 46 residential apartment
units, conditional upon settlement;
(iii)
The Town will release
of the Easement registered against the lands as Instrument No. MA 102380 in
exchange for a replacement easement over the new driveway from its south
boundary to Thornhill Summit Drive, to ensure that existing and future
development to the south will have access to Thornhill Summit Drive,
conditional upon settlement; and
(iv)
The Applicant
will withdraw the other related appeals before the Ontario Municipal Board with
respect to the Thornhill-Markham Heritage Conservation District Plan, (By-law
2007-151) (OMB Case No. PL070714) and appeal of OPA No. 167 (Amendment No. 11
to the Thornhill Secondary Plan) (OMB Case No. PL070888).
That staff be directed to
prepare an Official Plan amendment, if necessary, and zoning by-law amendment for
approval by the Ontario Municipal Board as well as a detailed site plan report to
Council with respect to the proposed development;
That Staff request the
Ontario Municipal Board to withhold its order approving any Official Plan
amendment and the zoning by-law amendment pending finalization of the site plan
and applicable conditions by the Town;
And that Staff be authorized and directed to do all things necessary, including the execution of Minutes of Settlement, to give effect to this resolution.
That the following resolution of Building and Parks Construction Committee be approved:
"That the Centennial Community Centre
Renovation and Addition Contract 055-T-05 be extended from January 31, 2008
until March 28, 2008;
And that staff provide a project status report to the General Committee prior to the March 4, 2008 Council meeting."
CARRIED
(Councillor C. Moretti abstained)
Moved by Regional Councillor J. Jones
Seconded by Regional Councillor T. Wong
That the report be adopted, approved and confirmed.
CARRIED
Moved by Councillor A. Chiu
Seconded by Councillor D. Horchik
That By-law 2008-14 be given
three readings and enacted.
CARRIED
Seconded
by Councillor C. Moretti
That the meeting do adjourn.
CARRIED
Council adjourned at 11:14 p.m.
___________________________________ _____________________________________
SHEILA BIRRELL, TOWN CLERK FRANK SCARPITTI, MAYOR
(Signed)