2008-02-12
COUNCIL MINUTES Council Chamber, Civic Centre
Meeting No. 2
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 (7:10 p.m.), 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 February 12, 2008 at 7:07 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
J. Carnegie, Director of Corporate Communications
1. DISCLOSURE OF PECUNIARY INTEREST
(1) Regional Councillor G.
Landon declared a conflict of interest with respect to Clause (3), Report No. 1
(Making it Happen with AMANDA), contained in the Council Minutes dated January
22, 2008, as he is a Director of CSDC Systems and did not take part in the
consideration or discussion of or vote on the question of the approval of such
matter.
(2) Councillor C. Moretti
declared a conflict of interest with respect to In-Camera Item, Clause (5)
(Centennial Community Centre Renovation & Addition Contract No.055-T-05),
contained in the Council Minutes dated January 22, 2008, as she is the
Vice-President of Markham Centennial Bocce Club and President of Markham Bocce
Association and did not take part in the consideration or discussion of or vote
on the question of the approval of such matter.
(3) Councillor J. Virgilio disclosed an interest with respect to Clause (4), Report No. 5 (Servicing Allocation Update) by nature of representing the owners, and did not take part in the consideration or discussion of or vote on the question of the approval of such matters.
2. MINUTES
(1) COUNCIL MINUTES - JANUARY 22, 2008
Moved by Councillor A. Chiu
Seconded by Councillor L. Kanapathi
That the Minutes of the Council Meeting held on January 22, 2008, be adopted.
CARRIED
(Regional Councillor G. Landon
abstained - Clause 3, Report No. 1)
(Councillor C. Moretti abstained
- Clause 5, In-Camera Item)
3. PRESENTATIONS
(1) PRESENTATION
OF HISTORISCHES STADTMAUERFEST
(HISTORIC CITY WALL FESTIVAL) NORDLINGEN,
GERMANY (12.2.6)
Mr. Heinz Nitschke provided a presentation on the Historisches Stadtmauerfest held in Nordlingen, Germany, during September of 2007. Mr. Nitschke represented the Town of Markham for this event.
Mayor Scarpitti announced Lord Mayor Hermann Faul, with Councillors and
boys of the Knabenkapelle (youth band), will visit Markham from Nordlingen,
Germany on August 28 until September 4, 2008.
(2) REBECCA GIBLON AND MELISSA GIBLON (12.2.6)
Council recognized Rebecca Giblon and Melissa Giblon for their accomplishments in Chess Championships.
Rebecca Giblon is a
student in the Gifted Program at Henderson Avenue Public School. Her chess related accomplishments are:
- Ontario Youth Chess
Champion (Girls under 10 years old, Kitchener)
- Canadian Youth Chess
Champion (Girls under 10 years old, Ottawa)
- Selected to represent Canadian
team at the World Youth Chess Championships (Girls under 10 years old, Turkey,
finished tied for 59th out of 105).
Melissa Giblon is a
student at Leo Baeck Day School. She has
been accepted into the Gifted Program at Henderson Avenue Public School next
school year. Her chess related
accomplishments are:
- Ontario Youth Chess
Champion (Girls under 8 years old, Kitchener),
- Tied for 3rd place
at Canadian Youth Chess Championships (Girls under 8 years old, Ottawa),
- Selected to represent Canadian team to the World Youth Chess Championships (Girls under 8 years old, Turkey, finished tied for 40th out of 72).
(3) 2008
PROPOSED OPERATING
AND CAPITAL BUDGETS (7.0)
Mr. Joel Lustig, Director of Financial and Client Services, presented an overview and detail information regarding the 2008 Proposed Operating and Capital Budgets.
Mayor F. Scarpitti thanked Councillor D. Horchik, Chair of Budget Subcommittee, Members of Council and staff for their outstanding contribution throughout the budget process.
(Clause
1, Report No. 6, 2007)
4(a) REPORT NO. 3 - GENERAL COMMITTEE (January 21, 2008)
Council consented to separate Clauses (3) and (4).
Moved by Councillor J. Virgilio
Seconded by Councillor E. Shapero
That Report No. 3 - General Committee be received and adopted.
(1) APPOINTMENTS
TO ADVISORY COMMITTEES/BOARDS
That the composition of the Markham
Theatre Advisory Board be increased by one (1) to twelve (12) voting
members;
And that the following persons be appointed to the Markham Theatre Advisory Board
for the term ending November 30, 2010:
Nancy Cogger
Simon Gulden
David Banfield
And that the following persons
be appointed to the Markham Race Relations
Committee for the terms indicated:
Winnie Wales (Unionville) for the term ending November 30, 2011
Theresa Coulter (Markham) for the term ending November 30, 2011
June Veecock (Markham) for the term ending November 30, 2009
Javaid Khan (Unionville) for the term ending November 30, to 2009
(2) PURCHASE
OF SPONSORSHIP
- TABLE SPONSORSHIP
APPROVAL (7.9)
That the process for purchase of sponsorships
on behalf of Council be managed within the budget by the Mayor’s Office staff
and charged to account 840-8415840;
And that Members of Council will be polled
for their interest and participation. As
a guideline, the cost per organization will not exceed $3,500 as per the
Council approved “Grants and Sponsorship Guidelines”;
And that Staff be authorized and directed to
do all things necessary to give effect to this resolution.
(3) WINTER
MAINTENANCE LEVEL OF SERVICE REVIEW (5.0)
That the report entitled ‘Winter Operations Level of Service Review’
dated December 5th, 2007 be received;
And that the Operations Department be
authorized to exercise their professional judgement to determine when local
roads should be plowed before the 7.5cm threshold for local road plowing is
attained;
And that the "Important Information for Homeowners" contained
in Attachment 'A', Bullet No. 3, be amended to read as follows:
"The Operations Department will clear the windrow within 8 hours
following the final plowing of the road, following the storm."
And that the qualification criteria for residents making application
for the Town’s windrow removal program be reduced from 65 years of age to 60
years of age as outlined in Attachment ‘A’ of this report;
And that the 2008 Operations Department budget account 700 504 5301 be
increased by $90,000 to cover the costs of both the increased frequency of
local road plowing and the revised qualification criteria for the windrow
removal assistance program;
And that a working group, consisting of members of Council and staff,
be established to review current winter maintenance levels of service and
report back to Council in the spring of 2008 on opportunities and action items
for service level improvements;
And that Staff be authorized and directed to do all things necessary to
give effect to this resolution.
CARRIED
Note: Council directed staff to issue a press release regarding the
qualification criteria for residents making application for the Town’s windrow
removal program.
(4) MARKHAM
WAXERS UPDATE (6.0)
That the report dated January 21, 2008, titled “Markham Waxers
Correspondence & Deputation from November 12, 2007, General Committee
Meeting” be received;
And that the deputation from Mr. R. Thiessen and Mr. J. Cornacchia, on
behalf of Markham Waxers Hockey Club, in opposition to the staff recommendation
regarding the hourly rate for ice time, be received;
And that the following paragraph 3 be referred
to the February 25, 2008 General Committee meeting and that the Markham Waxers
Hockey Club be requested to provide Committee with the Club's audited financial
statements for the last fiscal year:
"And that the hourly ice rates
applicable to the Markham Waxers be $200 per hour for games and $144 per hour
for practice sessions."
CARRIED AS AMENDED
(See following motion to amend)
Moved by Deputy
Mayor J. Heath
Seconded by Regional
Councillor T. Wong
That the following Paragraph 3 of Clause
(4), Report No. 3, be referred to the February 25, 2008 General Committee
meeting and that the Markham Waxers Hockey Club be
requested to provide Committee with the Club's audited financial statements for
the last fiscal year:
"And that the hourly ice rates
applicable to the Markham Waxers be $200 per hour for games and $144 per hour
for practice sessions."
CARRIED
(5) FCM
SUSTAINABLE COMMUNITIES CONFERENCE AND
TRADE SHOW 2008 (11.12)
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
4(b) REPORT NO. 4 - GENERAL COMMITTEE (February 4, 2008)
Council consented to separate Clauses (1), (3) and (5).
Moved by Councillor J. Virgilio
Seconded by Councillor V. Burke
That Report No. 4 - General Committee be received and adopted.
(1) DOWNSPOUT DISCONNECTION PROGRAM (5.3)
That
the presentation regarding the Downspout Disconnection Program by Mr. S.
Andrews, Director, Asset Management and Ms. K. Dennison, Manager, System
Engineering be received;
And
that Deputy Mayor J. Heath, Regional Councillor T. Wong, Councillor E. Shapero
and Councillor V. Burke be appointed to a Downspout
Disconnection Working Group.
CARRIED
(2) DEPUTATION
FROM DECEMBER 10, 2007 GENERAL
COMMITTEE MEETING CONCERNING EXISTING
BY-LAW TO CHARGE FEES FOR SERVICES PROVIDED
BY MARKHAM FIRE & EMERGENCY SERVICES (3.0)
That
the report entitled “Deputation from December 10, 2007 General Committee
Meeting Concerning the Existing By-law to Charge Fees for Services Provided by
Markham Fire & Emergency Services” be received;
And
that By-law 111-98, as amended, be further amended so
as to permit the fees imposed by this by-law to be waived or reduced where
circumstances warrant with approval of the Town of Markham Fire Chief;
And
that the policy to be used by the Fire Chief to waive or reduce the fees
imposed be comprised of the following circumstances:
- In attendance at an incident over the ten minutes prescribed in
the By-law, but only for the reason to await the arrival of another
agency;
- When one truck would have been sufficient to provide services but
another truck was dispatched and was at the site for more than ten minutes
but never performed any fire related services;
And
that staff be authorized and directed to do all things necessary to give effect
to this resolution.
(By-law
2008-15)
(3) GOVERNANCE
OPTIONS FOR THE MANAGEMENT AND
OPERATING STRUCTURE OF THE OPERATING
AUTHORITY FOR THE MARKHAM DRINKING
WATER DISTRIBUTION SYSTEM (5.3)
That the report entitled “Governance Options for the Management and Operating Structure of the Operating Authority for the Markham Water Distribution System” be received;
And that Council direct staff to proceed with the implementation strategy for the Quality Management System leading to Accreditation of the Town as the Operating Authority for the Markham Drinking Water System based on the existing operational structure – Mode l #1;
And that the Corporation of the Town of
Markham assume the roles and responsibilities of the Operating Authority of the
Markham Drinking Water System as defined in the Safe Drinking Water Act, and
required by the Drinking Water Quality Management Standard;
And that staff be authorized and directed to do all things necessary to give effect to this resolution.
CARRIED AS AMENDED
(See following motion to amend)
Moved by Councillor J. Virgilio
Seconded by Councillor V. Burke
That Clause 3, Report No. 4 be amended to add the following as paragraphs 3 and 4:
"And
that the Corporation of the Town of Markham assume the roles and
responsibilities of the Owner of the Markham Drinking Water System as defined
in the Safe Drinking Water Act, and required by the Drinking Water Quality
Management Standard;
And
that the Corporation of the Town of Markham assume the roles and
responsibilities of the Operating Authority of the Markham Drinking Water
System as defined in the Safe Drinking Water Act, and required by the Drinking
Water Quality Management Standard;"
CARRIED
(4) MARKHAM PARTICIPATION IN EARTH HOUR 2008 (5.7)
That
the report entitled “Markham Participation in Earth Hour 2008” be received;
And
that Council support the Town of Markham’s participation in Earth House 2008,
an event scheduled for March 29, 2008, whereby citizens, businesses, and
government are encouraged to turn off the lights for one hour between 8:00 pm
and 9:00 pm;
And
that staff be authorized and directed to do all things necessary to give effect
to this resolution.
(5) PESTICIDE BY-LAW
ENFORCEMENT AND
EDUCATION PROGRAM (5.7)
Report Schedule
A Schedule
B Schedule
C
Schedule
C(cont) Schedule
D Schedule
E Email
That the deputation from Ms. S. Merson, local resident, on behalf of Mr. G. Foreman, Executive Director of the Canadian Association of Physicians for the Environment, expressing concern about the use of toxic chemicals to combat grub and chinch bug infestations, be received;
That the report titled “Pesticide By-law Enforcement and Education Program” be received;
And that a
by-law be enacted to amend Pesticide By-law No. 2007-146
to provide for an exemption for hydro substations;
And that the
use of pesticides for grub and chinch bug infestation be
permitted in 2008 only;
And that by-laws be enacted to licence both
Pesticide Applicators and Organic and Non-Pesticide Lawn Care Applicators;
And that
By-law 2002-284, a by-law to establish licence fees for the Town of Markham be
amended to include a $100 licence fee for applicators;
And that the
Province of Ontario be requested to take immediate
action to introduce legislation restricting the sale of pesticides across the
Province for the benefit of all Ontario residents and the environment;
And that the
email from Ms. L. Wener, dated January 23, 2008, regarding the use of
pesticides for infestations in 2008 be received;
And that the
Province be advised that the Town of Markham would be
pleased to assist them in the development of legislation to reduce the use of
pesticides;
And that staff
be authorized and directed to do all things necessary to give effect to this
resolution.
(By-laws
2008-16 to 2008-19)
CARRIED
(6) ADVISORY APPOINTMENTS (16.0)
That Council appoint Deputy Mayor J. Heath to the Don Watershed
Regeneration Committee;
And that the current composition of the Markham Race Relations
Committee be reduced from three Councillors to two
Councillors;
And that Council appoint Regional Councillor G. Landon to the Markham
Arts Council.
(7) AWARD OF TENDER 180-T-07 CONSTRUCTION
OF ANGUS GLEN SOCCER FIELD
(7.12.3)
That
the report entitled “Award of Tender 180-T-07, Construction of Angus Glen
Soccer Field” be received;
And
that the contract for Tender 180-T-07 Construction of Angus Glen Soccer Field
be awarded to the lowest priced qualified bidder, S&F Excavating in the
amount of $468,751.00 which includes a $5,000.00 testing allowance and
provisional item 3 (which is a $9,250.00 credit from the base bid for alternate
water servicing and irrigation), exclusive of GST;
And
that a construction contingency amount of $45,000.00 exclusive of GST be
established to cover any additional consulting services and/or sub-consulting
fees and that the Manager of Parks and Open Space Development be authorized to
approve expenditure of this contingency amount up to the specified limit in
accordance with the Expenditure Control Policy;
And
that the award be funded from Planning and Urban
Design’s Capital Budget account 81-5350-7827-005, Angus Glen Soccer Field in
the amount of $4,000,000.00;
And
that additional capital funding in the amount of $165,439.00 be funded from the
Development Charges Reserve (90% / $148,895.10) and tax-funded Capital
Contingency 44-6300-6395-005 (10% / $16,543.90) and transferred to account
81-5350-7827-005;
And
that upon payment of all invoices associated with this project, any remaining
funds will be returned to the original funding sources;
And
that staff be authorized and directed to do all things necessary to give effect
to this resolution.
(8) HERITAGE CANADA GRANT APPLICATION (7.6)
That Ms. J. Olson, Special Events Assistant, Town of Markham, be authorized to submit a financial request in the amount of $2,000 to the Department of Canadian Heritage in relation to the “Celebrate Canada!” Program for organizing activities to celebrate Canada Day in the Town of Markham.
CARRIED
4(c) REPORT NO.
5 - DEVELOPMENT SERVICES COMMITTEE (February 5, 2008)
Council consented to separate Clauses (4), (5) and (9).
Moved by Councillor J. Webster
Seconded by Councillor V. Burke
That Report No. 5 - Development Services Committee be received and
adopted.
(1) MARKHAM TRANSPORTATION
STRATEGIC PLAN
- CONSULTANT SELECTION RFP
#152-R-07 (5.10, 7.12.2)
That the
report entitled “Markham Transportation
Strategic Plan - Consultant Selection RFP # 152-R-07,” be received;
And that the Request for Proposal
#152-R-07 be awarded to the highest ranked and third lowest consortium led by
IBI Group for an upset limit of $459,900 exclusive of GST ($482,895 inclusive
of 5% GST);
And that a contingency amount of $75,000 exclusive of GST ($78,750 inclusive of GST) be established to cover any additional costs and that the Director of Engineering be authorized to approve expenditures of this contingency up to the specified limit;
And that the award be funded from the 2008
Engineering Capital Budget project # 8203, Markham Transportation Strategic
Plan;
And that the 2008 Capital Project # 8203 be pre-approved and increased by $132,100 exclusive of GST from $450,900 to $583,000 (exclusive of GST) and be funded through the development charges;
And that upon payment of all invoices, any remaining funds be returned to the original funding source;
And that staff be authorized and directed to do all things necessary to give effect to this resolution.
(2) NINTH LINE SEWER IN THE
CORNELL COMMUNITY (5.5)
That the February 5, 2008 report entitled “Ninth Line Sewer in the
Cornell Community” be received;
And that the Chief Administrative Officer be authorized to finalize
negotiations with the Region of York, 605918
Ontario Limited and the Markham Stouffville Hospital, on the cost sharing of the Ninth
Line storm sewer;
And that the Mayor and the Clerk be authorized to execute a Cost Sharing Agreement with the Region of York, 605918 Ontario Limited, the Markham Stouffville Hospital, and any other necessary parties, to the satisfaction of the Chief Administrative Officer and Town Solicitor;
And that the Cornell Landowners Group and/or Lindvest Properties
(Cornell) Limited be provided additional servicing allocation of two hundred
(200) residential units (132 units upon financing of the sewer and the
remaining 68 units in 2011) for the payment of the Town’s and at least 50% of
Markham Stouffville Hospital’s shares of the 9th Line storm sewer;
And that the
CAO be authorized to execute a Memorandum of Understanding with the Cornell
Landowners Group and/or Lindvest Properties (Cornell) Limited related to
the financing of the 9th Line storm sewer and additional servicing allocation;
And that the Region of York be requested to contribute 50% of the Markham Stouffville Hospital’s share of the 9th Line storm sewer;
And that staff
be authorized and directed to do all things necessary to give effect to this
resolution.
(3) HERITAGE WEEK 2008
PROCLAMATION
FEBRUARY 17 to
23, 2008 (16.11)
That the week of February 17 to 23, 2008 be proclaimed as Heritage Week in the Town of Markham; and,
That Staff be authorized and directed to do all things necessary to give effect to this resolution.
(4) SERVICING ALLOCATION
UPDATE (5.5)
Report Appendix A Appendix B-D
That the February 5, 2008 report entitled “Servicing Allocation Update” be received;
And that Markham Council re-distribute the Town Servicing Allocation Reserve as noted in Tables 3 and 4;
And that Markham Council allocate conditional 2011 servicing capacity as noted in Table 6 and Appendix “A” attached to this report;
And that the conditions for the distribution of the Town Reserve and 2011 allocation as noted in Tables 4 and 7 be endorsed and Staff be authorized to update them at the draft plan/site plan approval stage;
And that Markham Council support the Regional policy (adopted by Regional Council on June 21, 2007) related to provision of a 20-35% increase in servicing allocation for developments that meet the “Sustainable Development Through LEED” criteria (Appendix “B”) and advise the Region that the Town of Markham wishes to participate in the program;
And that the Regional policy conforms to the
Town of Markham’s request and resolutions regarding servicing allocation being
tied to innovative and leading edge water conservation and LEED standards;
And that staff report back to Council, on a site specific basis regarding projects proceeding under the “Sustainable Development Through LEED” program;
And that staff continue to work with the Region on developing a process to deal with triggers for the site plan approval process (high density development);
And that the written submissions regarding servicing allocation, included in Appendix “D”, be received;
And that the correspondence dated January 30,
2008, from Mr. Peter Slama, Stantec Consulting Ltd., on behalf of the Cathedral
Community - West Landowners Group confirming and thanking the Town for the
proposed 300 units of conditional servicing allocation, be received;
And that the
correspondence dated February 4, 2008, from Malone Given Parsons Ltd., on
behalf of Vetmar Ltd., advising the March 1, 2008 deadline might not be
achieved, be received;
And
that the Region of York be requested to include in
their criteria revenue to other transit providers (eg. TTC, GO Transit);
And
that the medium and high density developments be required to participate in the
Regional “Sustainable Development Through LEED” program, including, at a
minimum, LEED Silver certification and 3-stream waste separation, as a
condition of service allocation;
And
that staff be requested to bring forward a report and recommendation on interim
measures to be taken on current development applications to achieve LEED
compliance;
And That Staff be authorized and directed to do all things necessary to give effect to this resolution.
CARRIED AS AMENDED
(See following motion to amend)
(Councillor J. Virgilio abstained)
Moved by Councillor E. Shapero
Seconded by Councillor V. Burke
That Clause (4), Report No. 5 be amended to add the following paragraphs:
"And that the Regional policy conforms
to the Town of Markham’s request and resolutions regarding servicing allocation
being tied to innovative and leading edge water conservation and LEED
standards;
And
that staff be requested to bring forward a report and recommendation on interim
measures to be taken on current development applications to achieve LEED
compliance;"
CARRIED
(5) HERITAGE PERMIT
APPLICATION
METAL TILE ROOF FOR MARKHAM
VILLAGE LANES
140-152 MAIN STREET NORTH; 12
WILSON STREET
APPLICANT: DAVID
JOHNSTON/1209094 ONTARIO LIMITED
MARKHAM VILLAGE HERITAGE
CONSERVATION DISTRICT
HE 07 131343 (16.11)
This matter was referred to the In-camera Session of Council - See In-camera (3).
(6) WOODJANE CORPORATION
ZONING BY-LAW AMENDMENT AND
SITE PLAN APPLICATIONS TO
PERMIT A
TWO-STOREY MIXED-USE
COMMERCIAL PLAZA
AT 8241 WOODBINE AVENUE
(ZA 06 134156 & SC 07
130237) (10.5, 10.6)
That the report dated February 5, 2008 entitled “RECOMMENDATION REPORT, Woodjane Corporation, Zoning By-law amendment and Site Plan applications to permit a two-storey mixed-use commercial plaza at 8241 Woodbine Avenue” be received;
That the record of the Public Meeting held on May 29th, 2007, regarding the proposed Zoning By-law amendment be received;
That the draft implementing Zoning By-law (ZA 06 134156) to amend By-laws 2284-68 and 165-80, as amended, attached as Appendix ‘B’ be finalized and enacted;
That the application for Site Plan approval (SC 07 130237) by Woodjane Corporation, for a two-storey mixed-use commercial plaza be endorsed in principle, subject to the conditions attached as Appendix ‘A’;
That Site Plan approval be delegated to the Director of Planning and Urban Design, or her designate, to be issued following execution of a Site Plan Agreement. Site Plan approval is issued only when the Director has signed the Site Plan;
And that Staff be authorized and directed to do all things necessary to give effect to this resolution.
(7) TOWN INITIATED OFFICIAL
PLAN
AND ZONING BY-LAW AMENDMENTS
FOR POLICIES AND DEVELOPMENT
STANDARDS
FOR RURAL RESIDENTIAL AREAS
(OP.06-133377 AND
ZA.06-133382) (10.3, 10.5)
That the report dated February 5, 2008 entitled “Town initiated Official Plan and Zoning By-law amendments for Policies and Development Standards for Rural Residential Areas” be received;
That the Town initiated Official Plan amendment, attached as Appendix ‘A’ to the February 5, 2008 Development Services Committee report, (File OP.06-133377) to amend the policies of the Official Plan for lands designated Rural Residential be adopted;
That the Town initiated Zoning By-law amendment, attached as Appendix ‘B’ to the February 5, 2008 Development Services Committee report, (File ZA.06-133382) to add development standards to By-law 304-87, as amended for lands zoned Rural Residential Estate be passed;
That Council confirm, as per Section 34(17) of the Planning Act, that no further Public Notice is required;
And that Staff be authorized and directed to do all things necessary to give effect to this resolution.
(By-laws 2008-20 and 2008-21)
(8) COMMENTS ON PROPOSED
FINAL BUILT BOUNDARY
FOR THE GROWTH PLAN
FOR THE
GREATER GOLDEN HORSESHOE
(10.0)
That the Report dated February 5, 2008 entitled “Comments on Proposed Final Built Boundary for the Growth Plan for the Greater Golden Horseshoe” be received;
And whereas the Provincial Growth Plan for the Greater Golden Horseshoe, 2006, requires municipalities to develop and implement through their Official Plans and other supporting documents, a strategy and policies to phase in and achieve intensification and the provincial intensification target within the settlement area;
And whereas the Growth Plan provides that municipalities shall identify locations for intensification to contribute to the intensification target;
And whereas both the Region of York and the Town of Markham regard Cornell Centre as one of the locations within the Highway 7 regional corridor intended to achieve intensification and the provincial intensification target within the settlement area;
And whereas Cornell Centre is by definition an intensification area within an intensification corridor and the policies of the Region of York and the Town of Markham pertaining to Cornell Centre are structured to support achievement of the provincial intensification target;
And whereas intensification corridors such as the Highway 7 regional corridor in Markham and intensification areas such as Cornell Centre located within the settlement area form part of the Regional and Town strategies to implement the intensification objectives of the Growth Plan and these intensification areas should be recognized as contributing to those objectives;
Now therefore be it resolved that Markham Council requests the Minister of Public Infrastructure Renewal and Ontario Growth Secretariat staff to work together in a coordinated and collaborative way with the Region of York and the Town of Markham to develop a more inclusive approach to addressing municipal preferences for intensification and to properly recognize Cornell Centre as an intensification area on an intensification corridor;
And that Council request the Ministry of Public Infrastructure Renewal staff to further refine the built boundary in York Region to include Cornell Centre in its entirety before it is finalized, or alternatively, confirm a process to ensure that Cornell Centre projects are recognized as contributing towards the intensification target of the Growth Plan for the Greater Golden Horseshoe;
And
that the Mayor compose a cover letter similar to the
correspondence submitted by Regional Chair Bill Fisch;
And that the Clerk be
requested to forward a copy of this report to the Minister of Public
Infrastructure Renewal, the Assistant Deputy Minister for the Ontario Growth
Secretariat, and the Region of York.
(9) REGION OF YORK
YONGE SUBWAY ADVISORY TASK
FORCE
- DRAFT TERMS OF REFERENCE
(10.0, 13.4)
Letter Draft Terms of Reference Attachment 1
That the correspondence dated January 30, 2008 from Mr. Denis Kelly, Regional Clerk, the Region of York requesting:
Appointment of two (2) Members of Council and one (1) non-elected representative to sit on the Yonge Subway Advisory Task Force, and;
That the Yonge
Subway Advisory Task Force - Draft Terms of Reference, be received and referred
to staff for comments, and;
That
Mayor Frank Scarpitti and Councillor Valerie Burke be the two appointed Members
of Council to sit on the Yonge Subway Advisory Task Force;
And
that the appointment of a non-elected representative to the Yonge Subway
Advisory Task Force be deferred to the March 4, 2008
Council meeting to allow Members of Council to submit the names of possible
candidates to the Mayor.
CARRIED AS AMENDED
(See following motion to amend)
Moved by Regional
Councillor J. Jones
Seconded by Councillor
V. Burke
That Clause (9), Report No. 5 regarding the appointment of a non-elected representative to the Yonge Subway
Advisory Task Force be deferred to the March 4 Council
meeting to allow Members of Council to submit the names of possible candidates
to the Mayor.
CARRIED
CARRIED
4(d) REPORT NO. 6 - GENERAL COMMITTEE (February 11, 2008)
Council consented to add Report No. 6 and to separate Clause (1).
Moved by Councillor A. Chiu
Seconded by Councillor J. Webster
That Report No. 6 - General Committee be received and adopted.
(1) 2008
PROPOSED OPERATING
AND CAPITAL BUDGETS (7.0)
That the presentation from
Mr. J. Lustig, Director, Financial and Client Services, regarding the 2008
Proposed Operating and Capital Budgets be received;
And that there be a 3.73% tax increase comprised of:
- Proposed 2008
Operating Budget of $158.1M
- Proposed 2008 Capital
Budget of $131.0M
- Proposed 2008
Waterworks Budget of $59.2M
- Proposed 2008 Building Services Budget of $7.0M.
CARRIED
(Recorded
vote unanimous) (13:0)
(2) MUNICIPAL
INFRASTRUCTURE
INVESTMENT INITIATIVE (7.6)
That the report titled “Municipal Infrastructure Investment Initiative
– Town of
And that Council approve the Town’s participation in the Province of
Ontario’s Municipal Infrastructure Investment Initiative by approving a grant
request in the amount of $4,500,000 for the “Markham Cycling and Pathway System
2008 (Aligned with Active 2010 Initiative)” project;
And that the Grant application reflect suggestions made at the February
11, 2008 General Committee meeting which included references to the scalability
of the project, as well as other selling points such as its Town-wide
implications, its connectivity to the Rouge Park, Oak Ridges moraine and the
Greenbelt, and reference to how it aligns with the Town’s Transportation Demand
Management strategy;
And that the By-law to “Authorize the Submission of an Application to the
Ontario Infrastructure Projects Corporation (“OIPC”) For Funding From the
Municipal Infrastructure Investment Initiative for a New Eligible Capital
Project of the Corporation of the Town of Markham (The “Municipality”) and to
Approve the Expenditure of Funds on Said Eligible Capital Project” be enacted;
And that staff be authorized and directed to do all things necessary to
give effect to this resolution.
(By-law 2008-32)
CARRIED
5. MOTIONS
Council consented to separate Motion (1) and to add Motions (2) and (3).
(1) COMMUNITY SAFETY ZONES
That the
following motion be referred to a future Development Services Committee meeting
in April or May of 2008 to allow staff to further investigate the requirements
regarding Community Safety Zones, including budget implications:
"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."
DEFERRED
(See following motion to defer)
Moved by Councillor
D. Horchik
Seconded by Councillor
J. Virgilio
That Motion (1) be referred to a future Development Services Committee meeting in April or May of 2008 to allow staff to further investigate the requirements regarding Community Safety Zones, including budget implications.
CARRIED
(2) PRESENTATION
OF HISTORISCHES STADTMAUERFEST
(HISTORIC CITY WALL FESTIVAL)
NORDLINGEN, GERMANY (12.2.6)
Moved by Councillor C. Moretti
Seconded by Regional Councillor J. Jones
That the
presentation by Mr. Heinz Nitschke on the Historisches
Stadtmauerfest held in Nordlingen, Germany, during September of 2007, be received.
CARRIED
(2/3 VOTE WAS REQUESTED & OBTAINED)
(3) LEED
CERTIFICATION - SITE PLAN APPROVAL FOR
220 COMMERCE VALLEY DRIVE
(10.6)
Moved by Councillor J. Virgilio
Seconded by Councillor J. Webster
That the communication dated February 7, 2008 from Mr. A. Baldassarra, Architect, outlining their position on LEED certification regarding the Site Plan Approval submitted by Metrus Properties Inc. for 220 Commerce Valley Drive, be received.
CARRIED
(2/3 VOTE WAS REQUESTED & OBTAINED)
6. COMMUNICATIONS
Council consented to add Communications 11-2008 to 13-2008 and to separate Communication No. 11-2008.
Moved by Councillor A. Chiu
Seconded by Councillor J. Virgilio
That Council
receive and consent to the disposition of communications in the following
manner:
Referred to all Members of
Council
9-2008 Liquor Licence
Application - Forwarding a request to complete the Alcohol and Gaming
Commission Municipal Information Form for Boston Pizza No. 453, 2910 Mackenzie
Drive East (indoor and outdoor) (3.21)
Referred to Commissioner of
Development Services & Town Solicitor
10-2008 Ontario
Municipal Board - Forwarding a Notice of Prehearing Conference with respect to
the Thornhill-Markham Heritage Conservation District Plan (By-law 2007-151) and
the Town of Markham Official Plan Amendment No. 167 (Thornhill Secondary Plan). The Prehearing will be held on March 6, 2008
and the Board has set aside two days for this conference. (13.13)
Referred to all Members of Council
11-2008 A. Baldassarra,
Architect - Outlining their position on LEED certification regarding the Site
Plan Approval for 220 Commerce Valley Drive, submitted by Metrus Properties
Inc. (10.6)
(Council consented to receive this communication - See Motion (3))
12-2008 Dr. Frank
Shahidi - Requesting Council to defer the consideration of the matter regarding
the removal of the metal tile roofing material from the heritage buildings and
replace it with a roofing material in accordance with the policies and
guidelines of the Markham Village Heritage Conservation District Plan, to a
Council meeting in March, as he is scheduled to be away from February 11 to 24,
2008. The Heritage Permit Application
Number is HE 07 131344, submitted by his Architect David Johnston. (16.11)
(Clause 5, Report No. 5, 2008)
13-2008 P. Loukes,
Acting Director, Operations and Water Works - Providing a recommendation
regarding the questions raised at the February 11, 2008 General Committee on
the role of Council in the Markham Drinking Water System. (5.3)
(Clause 3, Report No. 4, 2008)
CARRIED
7. PROCLAMATION
(1) PROCLAMATION (3.4)
Moved by Regional Councillor T. Wong
Seconded by Councillor J. Webster
That the
following be proclaimed in the Town of Markham:
- Red Cross
Month (March 2008);
And that the Red Cross flag be
raised at the Town of Markham Civic Centre flagpole and at the Markham Fire
Halls for the duration of Red Cross Month;
And that the Corporate Communications Department be requested to publish the above proclamation in the local
newspapers.
CARRIED
8. OTHER BUSINESS
Council consented to add Other Business (1) and (2).
(1) UPDATE
REPORT ON 090-Q-07 SUPPLY
AND DELIVERY OF VARIOUS
FITNESS EQUIPMENT (7.4)
Moved by Deputy Mayor J. Heath
Seconded by Councillor A. Chiu
That the verbal update provided by Mr. A. Seabrooke, Acting Director, Library Services, Fire Services, Recreation and Culture, regarding the concern raised at the General Committee meeting held on February 4, 2008 on the process for 090-Q-07 - Supply and Delivery of Various Fitness Equipment, be received.
CARRIED
(2) YORK REGION ENVIRONMENTAL ASSESSMENTS (5.7)
Council was advised that the York Region Environmental Assessments will be before Regional Council meeting on February 21, 2008.
9. BY-LAWS
Council consented to add By-laws 2008-32 to 2008-34.
Moved by Councillor A. Chiu
Seconded by Councillor J. Virgilio
That By-laws 2008-15
to 2008-30 and By-laws 2008-32 to 2008-34 be given three readings and enacted.
Three Readings
BY-LAW 2008-15 A by-law to amend By-law 111-98, a by-law to charge fees for
services provided by Fire and Emergency Services for emergency and
non-emergency incidents (Fees may be waived or reduced where circumstances
related to the provision of the services warrants, with the approval of the
Town of Markham Fire Chief and in accordance with criteria as approved by
Council).
(Clause 2, Report No. 4, 2008)
BY-LAW 2008-16 A by-law to amend Pesticide By-law
2007-146 (To provide for an exemption for hydro substations and permit the use
of pesticides for infestation in 2008).
(Clause 5, Report No. 4, 2008)
BY-LAW 2008-17 A by-law to licence Pesticide
Applicators.
(Clause 5, Report No. 4, 2008)
BY-LAW 2008-18 A by-law to licence Pesticide-Free
Yard Care Applicators.
(Clause 5, Report No. 4, 2008)
BY-LAW 2008-19 A by-law to amend By-law 2002-284, a
by-law to establish licence fees for the Town of Markham (To include $100 fee for
Pesticide Free Yard Care Applicators and Pesticide Applicators).
(Clause 5, Report No. 4, 2008)
BY-LAW 2008-20 A by-law to adopt Official Plan
Amendment No. 170 (Town of Markham initiated official plan amendment - To
clarify Rural Residential Policies).
(Clause 7, Report No. 5, 2008)
BY-LAW 2008-21 A by-law to amend Zoning By-law
304-87, as amended (To of Markham initiated - To require greater combined
minimum side yard setbacks).
(Clause 7, Report No. 5, 2008)
BY-LAW 2008-22 A by-law to designate a property as
being of Historic and/or Architectural Value or Interest (Homer Wilson
Farmhouse, J. P. Carr Cottage and Pingel Farm Cemetery).
(Clause 1, Report No. 2, 2008)
BY-LAW 2008-23 A by-law to appoint Municipal Law Enforcement Officers for the
purpose of acting as Process Servers (William (Bill) Redmond, Carol Redmond and
Frank Nicoletti) (Repeals By-laws 2003-130 and 2002-179).
BY-LAW 2008-24 A by-law to amend Municipal Law
Enforcement Officers Appointment By-law 2002-178 and Parking By-law 2005-188
(To update Officers' List and Private Property Enforcement Agencies)
BY-LAW 2008-25 A by-law to designate part of a certain plan of subdivision not
subject to Part Lot Control (Country Wide Homes, south of Elgin Mills Road,
west of Woodbine Avenue, Lots 3 to 12, 19 to 32, 47 to 49 and Block 80, Plan
65M-4033).
BY-LAW 2008-26 A by-law to designate part of a certain plan of subdivision not
subject to Part Lot Control (Eldin Building Corp., south of Fred McLaren
Boulevard, west of Roy Rainey Avenue, Blocks 28 and 29, Plan 65M-3969 and Block
149, Plan 65M-3611).
BY-LAW 2008-27 A by-law to dedicate certain lands as
part of the highways of the Town of Markham (Block O, Plan 65M-1378 and Block
B, Plan 65M-1650 - Sir Galahad Place).
BY-LAW 2008-28 A by-law to amend Zoning By-law 177-96, as amended (Cathedral
Town Limited & 404 Developments Inc. East of the Woodbine By-Pass, north of
Betty Roman Boulevard, Blocks 43-49, 55 & 58, 19TM-05002, Part of Block 80,
19TM-95075, Part of Lots 24 & 25, Concession 3 - To remove (H) Hold
provision to permit the construction of thirty-one townhouse dwellings).
BY-LAW 2008-29 A by-law to adopt Official Plan Amendment No. 169 (Box Grove
Hill Developments Inc., southeast corner of future Copper Creek Drive extension
and future Markham By-pass Link, Block 460 on draft plan 19TM-030012, Box Grove
Planning District - To permit a gas bar and an accessory retail store, and a
stand alone restaurant).
(Clause 3, Report No. 71, 2007)
BY-LAW 2008-30 A by-law to amend Zoning By-law 177-96, as amended (Box Grove
Hill Developments Inc., southeast corner of future Copper Creek Drive extension
and future Markham By-pass Link, Block 460 on draft plan 19TM-030012, Box Grove
Planning District - To permit a gas bar, an accessory retail store and a stand
alone restaurant).
(Clause 3, Report No. 71, 2007)
BY-LAW 2008-32 A by-law to authorize the submission of an application to the
Ontario Infrastructure Projects Corporation (“OIPC”) for funding from the
Municipal Infrastructure Investment Initiative for a new eligible capital
project of the Corporation of the Town of Markham (The “Municipality”) and to
approve the expenditure of funds on said eligible capital project.
(Clause 2, Report No. 6, 2008)
BY-LAW 2008-33 A by-law to designate part of a certain plan of subdivision not
subject to Part Lot Control (Winter Garden Estates Inc., south of 14th Avenue,
between 9th Line and Box Grove By-pass, Blocks 229, 230, 231, 232 and 233, Plan
65M-3976).
BY-LAW 2008-34 A by-law to designate part of a certain plan of subdivision not
subject to Part Lot Control (Home Sport Properties Inc., south of 14th Avenue,
between 9th Line and Box Grove By-pass, Blocks 45, 46, 47, 49 and 50, Plan
65M-3975).
CARRIED
10. IN-CAMERA ITEMS
Moved by Regional Councillor J. Jones
Seconded by Deputy Mayor J. Heath
That Council resolve into an in-camera session to discuss confidential matters.
CARRIED
Moved by Councillor A. Chiu
Seconded by Councillor V. Burke
That Council rise and the Chair report the following from in-camera session:
(1) IN-CAMERA COUNCIL MINUTES - JANUARY 22, 2008
That the minutes of the in-camera Council meeting held on January 22, 2008, be confirmed.
(2) CONFIDENTIAL PROPERTY MATTER - RELOCATION OF POWERSTREAM
That the Mayor and Clerk be authorized to execute the Memorandum of Understanding (MOU), attached as Appendix “C” to the confidential memo dated January 21, 2008 from the Acting Director of Strategic Initiatives;
And that upon delivery of documentation satisfactory to the Treasurer, for 50% of the costs of the PowerStream relocation, payment be made from an account to be determined at the discretion of the Treasurer.
(3) HERITAGE PERMIT
APPLICATION
METAL TILE ROOF FOR MARKHAM
VILLAGE LANES
140-152 MAIN STREET NORTH; 12
WILSON STREET
APPLICANT: DAVID
JOHNSTON/1209094 ONTARIO LIMITED
MARKHAM VILLAGE HERITAGE
CONSERVATION DISTRICT
HE 07 131343 (16.11)
That the
communication dated February 8, 2008 from Dr. Frank Shahidi, Owner, requesting
Council defer consideration of Heritage Permit Application HE 07 131344
regarding the requirement for the owner of Markham Village Lanes to remove the
metal tile roofing material from the heritage buildings and replace it with a
roofing material in accordance with the policies and guidelines of the Markham
Village Heritage Conservation District Plan, be received;
And that
Council consents to the applicant’s request to defer consideration of the
following motion to the Council meeting to be held on March 25, 2008 and extend
the 90 day review period specified in the Ontario Heritage Act:
"That in response to
Heritage Permit Application HE 07 131344, Council require the owner of
Markham Village Lanes to remove the metal tile roofing material from the
heritage buildings and replace it with a roofing material in accordance with
the policies and guidelines of the Markham Village Heritage Conservation
District Plan;
That the metal tile roofing be permitted to
remain on all portions of Markham Village Lanes that are not considered
heritage buildings;
And that Staff be authorized and directed to
do all things necessary to give effect to this resolution."
And that Dr.
Shahidi be notified of Council's decision to defer consideration of the
Heritage Permit Application HE 07 131344 and extend the 90 review period set
out in the Ontario Heritage Act;
And that Staff
be authorized and directed to do all things necessary to give effect to this
resolution.
CARRIED
Moved by Councillor A. Chiu
Seconded by Councillor V. Burke
That the report be adopted, approved and confirmed.
CARRIED
11. CONFIRMATORY BY-LAW
Moved by Councillor A. Chiu
Seconded by Councillor L. Kanapathi
That By-law
2008-31 be given three readings and enacted.
Three Readings
BY-LAW 2008-31 A by-law to confirm the proceedings of
the Council meeting of February 12, 2008.
(Council Meeting No. 2, 2008)
CARRIED
12. ADJOURNMENT
Moved
by Councillor A. Chiu
Seconded
by Councillor L. Kanapathi
That the meeting do adjourn.
CARRIED
Council adjourned at 9:49 p.m.
___________________________________ _____________________________________
SHEILA BIRRELL, TOWN CLERK FRANK SCARPITTI, MAYOR
(Signed)