2008-04-15
COUNCIL MINUTES Council Chamber, Civic Centre
Meeting No. 5
ROLL
CALL
Mayor F. Scarpitti, Deputy Mayor J. Heath, Regional Councillor J. Jones, Regional Councillor T. Wong, Regional Councillor G. Landon, Councillor V. Burke, Councillor E. Shapero, Councillor C. Moretti, Councillor J. Webster, Councillor D. Horchik, Councillor L. Kanapathi, Councillor A. Chiu. (12)
REGRETS
Councillor J. Virgilio.
The Regular Meeting of Council was held on April 15, 2008 at 7:02 p.m. in the Council Chamber, Civic Centre. Mayor F. Scarpitti presided.
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
P. Loukes, Commission Lead, Operations and
Waterworks
A. Seabrooke, Commission Lead, Library Services,
Fire Services, and Recreation & Culture
A. Rose, Acting Manager, Museum
1. DISCLOSURE OF PECUNIARY INTEREST
(1) Regional Councillor G.
Landon declared a conflict of interest with respect to Delegation (1) regarding
a strike at Seneca College, as he is on the Cabinet of Seneca College and did
not take part in the consideration or discussion of or vote on the question of
the approval of such matter.
2. MINUTES
(1) COUNCIL MINUTES - MARCH 25, 2008
Moved by Councillor A. Chiu
Seconded by Councillor L. Kanapathi
That the Minutes of the Council Meeting held on March 25, 2008, be adopted.
CARRIED
3. PRESENTATIONS
Council consented to add Presentation (1).
(1) MANY
FACES OF MARKHAM EVENT (12.2.6)
Mayor F. Scarpitti advised Council of the 10th Anniversary of the “Many Faces of Markham” event that took place this weekend. Organized by the Race Relations Committee, this event featured great stage performances and poster and essay submissions from area children. Mayor Scarpitti advised that he has requested the submissions be exhibited in the Great Hall and possibly available on the Town of Markham Website.
Mayor Scarpitti thanked Regional Councillor T. Wong, Ms. Linda Stewart, Past Chair, Race Relations Committee and the Many Faces of Markham Event Committee Members for all of their hard work in organizing this successful event. He also thanked Ms. Julianna Tso for redesigning the logo for the 10th Anniversary of the event.
(Motion 1)
4. DELEGATIONS
(1) STRIKE
AT SENECA COLLEGE - ARAMARK EMPLOYEES (12.2.6)
Moved by Councillor A. Chiu
Seconded by Councillor J. Webster
That Council permit Mr. Andy Chiu to speak in
delegation.
CARRIED
(2/3 VOTE WAS REQUESTED & OBTAINED)
(Regional Councillor G. Landon abstained)
Mr. Andy Chiu, Aramark employee, addressed Council regarding a strike that has been on-going at Seneca College since March 10, 2008. He requested Council assist Aramark employees in getting the President of Seneca College to intervene in the labour dispute.
Moved by Regional Councillor J. Jones
Seconded by Councillor E. Shapero
That the delegation of Mr. Andy Chiu, Aramark employee, providing an update on a strike that has been on-going since March 10, 2008 at Seneca College, be received.
CARRIED
(Regional Councillor G. Landon abstained)
5(a) REPORT NO. 16 - GENERAL COMMITTEE (April 7, 2008)
Council consented to separate Clause (4).
Moved by Regional Councillor T. Wong
Seconded by Councillor J. Webster
That Report No. 16 - General Committee be received and adopted.
(1) APPOINTMENTS
AND RESIGNATIONS TO
ADVISORY COMMITTEES (16.0)
That the resignation of Mr. Sam Sahoy from
the Canada Day Committee be accepted with regret and a letter of appreciation
be forwarded; and,
That the resignation of Mr. Vito Bigioni from
the Advisory Committee on Accessibility and the Markham Centre Advisory
Committee be accepted with regret and a letter of appreciation be forwarded;
and,
That the resignation of Ms. Chris Girgilis
and Ms. Jane Kwong from the Animal Care Committee be accepted with regret and
letters of appreciation be forwarded.
(2) EMERGENCY PURCHASES: WINTER OPERATIONS
2007 (7.9)
That the report entitled ‘Emergency Purchases – Winter Operations 2007’ be received; and,
That the Finance Department be authorized to increase Purchase Orders and approve purchases as per “Attachment A” in order to be aligned with the emergency invoice payments approval for winter maintenance contracts and supplies for 2007; and,
That the over expenditure of $1,412,071 in account 700 504 Winter Controls, be offset by Town wide favourable variances in the 2007 Operating Budget; and,
That the Operations Department report back to Finance and
Administrative Committee, following the 2007/2008 winter season, to provide
detailed financial reports on the year to date costs for winter maintenance
operations, as well as estimated costs to provide service for the balance of
the 2008 budget year; and further,
That Staff be authorized and directed to do all things necessary to give effect to this resolution.
(3) FCM -2008 SUSTAINABLE COMMUNITIES
MISSION
AUGUST 17-22, 2008-
VANCOUVER, BRITISH COLUMBIA (11.12)
That
the itinerary for the FCM 2008 Sustainable Communities Mission be received;
and,
That
Council approve a request by Councillor J. Webster to attend the conference on
August 17-22, 2008 in Vancouver, British Columbia at an estimated cost of $1,200.00,
which includes 7 nights accommodations, some meals, and bus transportation
throughout British Columbia, and for additional expenses to cover associated
air fare and per diem expenses, to be funded from Development Services
Commissioner’s Office Conference Expenses account number 699 999 5200.
(4) CONCRETE FENCE REPLACEMENT PROGRAM UPDATE (2.19)
That the report entitled “Concrete Fence Replacement Program – Update” be received; and,
That Council endorses the proposed 2008 program; and,
That the same three-way cost sharing agreement, whereby the Town, Corporate sponsors and the individual homeowners each contribute one-third of the cost for the fence replacement program be continued; and,
That
staff report back in the early fall of 2008 with a more detailed report
considering alternative future funding strategies; and,
That
the Beautification Committee be reconvened in order to discuss further some of
the issues raised at General Committee including, but not limited to, whether
residents that replaced fences of their own volition prior to the program might
also receive a rebate from the Town, whether the Region of York might
contribute to fence replacement costs along Regional roads, and lobbying the
province to recognize the fence replacement program as local improvements; and
further,
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 Deputy Mayor J. Heath
Seconded by Councillor E. Shapero
That Clause (4), Report No. 16, Paragraphs 4 and 5, be amended as follows:
Paragraph
4
- add the word "future" after the words "…considering alternative…"
Paragraph
5
- add the words "prior to the program" after the words "…own volition…"
CARRIED
(5) GREEN FLEET TRANSITION PLAN UPDATE (5.7)
Report Attachment
D Attachment
E Presentation
That the staff report entitled ‘Green Fleet Transition Plan Update Report 2007’, dated December 14, 2007, be received; and
That Fleet Services provide annual ‘Technology Testing Reports’, to be posted on the Town’s Website, to measure emission reductions to equivalent Carbon Dioxide (eCO2) through the implementation of the Green Fleet Transition Plan; and,
That in the
fall of each year, Fleet Services staff continue to provide annual fleet
replacement programs, including opportunities to implement green fleet
management practices, to the Budget Review Committee as part of the Operations
Department Capital Budget submission; and,
That it be a policy of the Operations Department that the environmental benefits of any fuel-saving device or fuel additive for use in the Town's fleet be tested and certified by third party testing facilities such as CANMET Energy Technology Centre in Ottawa and Environmental Technology Verification in Mississauga as a requirement before any offer to the Town by prospective vendors of these types of products is made; and,
That any
rebates and or grants obtained from purchases of fuel efficient and or hybrid
vehicle be used to fund future specification upgrades to aid in overall fleet
emission reductions; and,
That staff
report back to Environmental Issues Committee with a proposed design for
branded signage on the newer hybrid vehicles in the Green Fleet; and further,
That Staff be
authorized and directed to do all things necessary to give effect to this
resolution.
(6) MARKHAM CONSERVATION COMMITTEE (5.7)
That Markham Staff Report, Markham
Conservation Committee, dated February 21, 2008, be received; and,
That Markham Conservation
Committee be re-named the Markham Environmental
Advisory Committee and a revised mandate be adopted that focuses on
sustainability, environmental policy, planning and promotion of environmental
awareness in the community (new MCC mandate - Attachment 3); and,
That the Markham Environmental
Advisory Committee (formerly the Markham Conservation Committee) report
annually to General Committee with an Action (work) plan, proposed budget and
on their accomplishments and expenditures for the previous year; and further,
That Staff be authorized and directed to do all things necessary to give effect to this resolution.
(7) APPOINTMENTS
AND RESIGNATIONS TO
ADVISORY COMMITTEES
- COMMITTEE OF ADJUSTMENT (16.0)
That the resignation
of Ms. Loreta
Polsinelli from the Committee of Adjustment be accepted with regret and a letter of
appreciation be forwarded; and,
That staff be
directed to advertise for applications for a replacement member of the
Committee of Adjustment; and further,
That an Interview
Committee consisting of Councillor D. Horchik, Councillor J. Webster,
Councillor A. Chiu, Councillor J. Virgilio and Mayor F. Scarpitti be convened
for the purpose of selecting a replacement member of the Committee of
Adjustment.
CARRIED
5(b) REPORT NO. 17 - DEVELOPMENT SERVICES
COMMITTEE (April 8, 2008)
Council consented to separate Clause (1).
Moved by Councillor J. Webster
Seconded by Regional Councillor J. Jones
That Report No. 17 - Development Services Committee be received and adopted.
(1) HERITAGE EASEMENT
AGREEMENT
FORMER MILLIKEN PUBLIC SCHOOL
1711509 ONTARIO INC.
4600 STEELES AVENUE (16.11.3)
That the Mayor
and Clerk be authorized to execute Heritage Easement Agreement with the owner
of the former Milliken Public School, a designated heritage building at 4600
Steeles Avenue; and,
That the issue
of the name of the school be referred to staff for clarification prior to the
execution of the Agreement; and further,
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. Webster
Seconded by Regional Councillor J. Jones
That Clause (1), Report No. 17, be amended to add the following as paragraph two:
"That the issue of the name of the
school be referred to staff for clarification prior to the execution of the
Agreement; and further,"
CARRIED
(2) PARTIAL RELEASE OF
EASEMENT
– PART OF LOT 24, CONCESSION
3,
DESIGNATED AS PART 1, PLAN
65R-27851
WEST CATHEDRAL COMMUNITY
(10.0)
That the April 8, 2008 report entitled “Partial Release of Easements – Part of Lot 24, Concession 3, designated as Part 1, Plan 65R-27851, West Cathedral Community”, be received; and,
That the Mayor and Clerk be authorized and directed to execute a partial release of an easement over Part of Lot 24, Concession 3, designated as Part 1, Plan 65R-27851, and any other documents required to give effect thereto; and further,
That staff be authorized and directed to do all things necessary to give effect to this resolution.
(3) INTENTION TO DESIGNATE
UNDER PART IV
OF THE ONTARIO HERITAGE ACT
THE BUTTON HOUSE
8977 WOODBINE AVENUE
ASPET ALLAVERDIAN (16.11.3)
That as recommended by Heritage Markham, the Button House – 8977 Woodbine Avenue be approved for designation under Part IV of the Ontario Heritage Act as a property of cultural heritage value or interest; and,
That the Clerk’s Department be authorized to publish and serve Council’s Notice of Intention to Designate as per the requirements of the Ontario Heritage Act; and,
That if there are no objections to the designation in accordance with the provisions of the Ontario Heritage Act, the Clerk be authorized to place a designation by-law before Council for adoption; and further,
That if there are any objections in accordance with the provisions of the Ontario Heritage Act, the Clerk be directed to refer the proposed designation to the Ontario Conservation Review Board.
CARRIED
6. MOTIONS
Council consented to add Motion (1).
(1) MANY FACES OF MARKHAM EVENT (12.2.6)
Moved by Deputy Mayor J. Heath
Seconded by Regional Councillor J. Jones
That Council
recognize and thank Regional Councillor T. Wong, Ms. Linda Stewart, Past Chair,
Race Relations Committee and the Many Faces of Markham Event Committee Members
for all of their hard work in organizing the 10th Anniversary of the
"Many Faces of Markham" event; and, that Julianna Tso also be thanked
for her work in redesigning the logo for the 10th Anniversary of the
event.
(Presentation
(1))
CARRIED
(2/3 VOTE WAS REQUESTED & OBTAINED)
7. COMMUNICATIONS
Moved by Councillor A. Chiu
Seconded by Councillor D. Horchik
That Council
receive and consent to the disposition of communications in the following
manner:
Referred to all Members of
Council
25-2008 Liquor Licence
Application - Forwarding a request to complete the Alcohol and Gaming Commission
Municipal Information Form for Nonna's Original Italian Sandwiches Ltd., 9275
Highway 48, Unit No. 18 (indoor licence for new premises). (3.21)
26-2008 Liquor Licence
Application - Forwarding a request to complete the Alcohol and Gaming
Commission Municipal Information Form for Wimpy's Diner, 2900 Steeles Avenue
East, Unit No. 40 (indoor licence for new premises). (3.21)
27-2008 Liquor Licence
Application - Forwarding a request to complete the Alcohol and Gaming
Commission Municipal Information Form for MEC Markham Event Centre, 95 Duffield
Drive (indoor licence for new premises). (3.21)
Referred to Commissioner of
Development Services & Town Solicitor
28-2008 Susan Rosenthal,
Counsel for 1691126 Ontario Ltd. (Liberty Development Corporation) -
Circulating a Notice of Prehearing Conference scheduled for May 1, 2008, as
directed by Ontario Municipal Board, regarding the development proposal at 7161
and 7171 Yonge Street. (13.13)
CARRIED
8. PROCLAMATIONS
(1) PROCLAMATIONS (3.4)
Moved by Regional Councillor T. Wong
Seconded by Regional Councillor G. Landon
That the
following be proclaimed in the Town of Markham:
- National Volunteer Week (April 27 to May 3, 2008)
-
Girl's Rights Week (April 28 to May 2, 2008)
- Day of Mourning for
workers killed or injured on the job (April 28, 2008)
- Pride Week (June 16 to 22, 2008)
- Ontario Family Fishing Weekend (July 4 to
6, 2008), and,
That the Corporate Communications Department be
requested to publish the above proclamations in the local newspapers.
CARRIED
9. NEW/OTHER BUSINESS
Council consented to add New/Other Business (3).
(1) LICENSING
COMMITTEE HEARING NO. 08-2
APPEAL OF TAXI DRIVER NO. 775
(2.23)
Moved by Regional Councillor G. Landon
Seconded by Regional Councillor J. Jones
That the following recommendation of the Licensing Committee from the meeting held on March 26, 2008 be approved and adopted:
"That
the Licensing Committee recommends that the appeal be allowed and the name of
Taxi Driver’s License #775 remain on the Taxi Priority List provided the
following conditions are met:
·
The appellant provide trip sheets as required
by By-law 2002-308 section 3.1 (6) for the next six (6) months following the
date of the Council resolution of June 10, 2008, so as to substantiate the
criteria contained in the said By-law of “has been driving a taxicab in the
Town of Markham on an average of thirty-five (35) hours per week”. The timed trip sheets shall be provided each
month to the Licensing Officer during the said six month period, on dates to be
determined by the Licensing Officer. The
appellant shall be provided with the schedule of dates in writing 14 days in
advance of the commencement of the reporting period.
·
The trip sheets shall include all fares
serviced by the taxicab whether or not they are airport runs or local Markham
runs.
·
If the appellant can substantiate the said
criteria for the above-mentioned six (6) month period to the satisfaction of
the Licensing Officer then the appeal will be allowed and the appellant
restored to the Priority List.
·
If the appellant is restored to the Priority
List after the aforementioned 6-month period, the appellant shall be required
to continue to fulfill the normal yearly administrative requirements of By-law
2002-308 in order to remain on the Priority List.
·
If the appellant fails to submit trip sheets
for any given month during the said six (6) month period, or having submitted
trip sheets, fails to substantiate fulfillment of the criteria over the
aforementioned six months to the satisfaction of the Licensing Officer, then
the appellant’s name shall be removed from the Priority List."
CARRIED
(2) LICENSING
COMMITTEE HEARING NO. 08-3
APPEAL OF TAXI DRIVER NO. 526
(2.23)
Moved by Regional Councillor G. Landon
Seconded by Regional Councillor J. Jones
That the following recommendation of the Licensing Committee from the meeting held on March 26, 2008 be approved and adopted:
"That
the Licensing Committee recommends that Taxi Driver No. 526 be removed from the
Priority List for the following reasons:
1. Did not attend the Licensing Committee
Hearing on March 26, 2008 and has been notified by the Town of Markham on
several occasions and has failed to respond, and provide evidence contrary to
that presented by the Town’s Licensing Officer;
2. Has not provided the Town of Markham
with evidence as requested to verify he is driving 35 hours/week in the Town of
Markham, as required by section 6.1(3) of By-law 2002-308; and
3. The evidence led regarding Taxi
Driver No. 526's GTAA licence suggests that his driving is not confined to the
Town of Markham."
CARRIED
(3) AWARD
OF TENDER NO. 042-T-08 JOHN STREET
BRIDGE SUPERSTRUCTURE
REPLACEMENT
OVER EAST DON RIVER (B02)
(7.12.2)
Moved by Councillor V. Burke
Seconded by Councillor E. Shapero
That the report entitled “Award of Tender #042-T-08 John Street Bridge Superstructure Replacement over East Don
River (B02)” be received; and,
That the contract for #042-T-08 John Street Bridge Superstructure Replacement be awarded to the lowest priced supplier,
Marbridge Construction Ltd, in the amount of $652,510.00, exclusive of contingency
and GST; and,
That a contingency amount of $70,751.00, exclusive of GST be established to cover any
additional construction and consultant costs and that the Director of Asset Management
be authorized to approve expenditure of this contingency amount up to the
specified limit in accordance with the Expenditure Control Policy; and,
That
the contract with Totten Sims Hubicki be
extended in accordance with
That the award be
funded from the available budget of $ 884,354.00 in 2008 Capital Budget account
058-6150-8289-005, John Street Bridge Superstructure Replacement; and,
That $58,100 of the
remaining balance $106,093.70 in account 058-6150-8289-005 be used for other
project related activities as identified under financial considerations. The
anticipated savings of $47,993.70 will 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.
CARRIED
10. BY-LAWS
Moved by Regional Councillor J. Jones
Seconded by Councillor C. Moretti
That By-laws 2008-69
to 2008-74 be given three readings and enacted.
Three Readings
BY-LAW 2008-69 A by-law to designate part of a certain plan of subdivision not
subject to Part Lot Control (Cloverwood Estates, Block 27, Plan 65M-3864, east
side of McCowan Road, north of Denison Street fronting onto Walford Road).
BY-LAW 2008-70 A by-law to designate part of a certain plan of subdivision not
subject to Part Lot Control (Castle Square - Phase 2, Lots 1 to 10, Blocks 11
to 14, Plan 65M-4007, east side of Roy Rainey Avenue, south of Fred McLaren
Boulevard and north side of Castlemore Avenue west of Roy Rainey Avenue).
BY-LAW 2008-71 A by-law to designate part of a certain plan of subdivision not
subject to Part Lot Control (Cornell Rouge Development Corp., Lots 48, 49, 50,
81, 82, 93, 94, 95, 115, 116, 140, 141, 162 and 163 and Blocks 164 to 168, Plan
65M-4014, south of White's Hill Avenue and west of Donald Cousens Parkway).
BY-LAW 2008-72 A by-law to amend Zoning By-law 177-96, as amended (Box Grove
Hill Developments Inc., Box Grove Community, south of Copper Creek Drive, west
of Donald Cousens Parkway - To remove (H) Hold provision to permit the
construction of 144 semi-detached units and 92 single detached dwellings).
BY-LAW 2008-73 A by-law to amend Zoning By-law 177-96, as amended (Winter
Garden Estates Inc., Box Grove Community, east side of 9th Line, south of
Riverwalk Drive - To remove (H) Hold provision to permit the construction of 136
single detached units).
BY-LAW 2008-74 A by-law to amend Parking By-law 2005-188 (Add the definition
of "Public Laneway" for enforcement purposes).
CARRIED
11. IN-CAMERA ITEMS
Moved by Councillor D. Horchik
Seconded by Deputy Mayor J. Heath
That Council resolve into an in-camera session to discuss confidential matters.
CARRIED
Moved by Councillor D. Horchik
Seconded by Regional Councillor G. Landon
That Council rise and the Chair report the following from in-camera session:
(1) MARKHAM
LIONS CLUB: PROPOSED LEASE OF THE
PRINT SHOP BUILDING AT 9350
HIGHWAY 48 (MARKHAM ROAD) (8.2)
That the report entitled “Markham Lions Club: Proposed Lease of the Print Shop Building at 9350 Highway 48 (Markham Road)” be received; and,
That Council authorize the Mayor and Clerk to execute a 10 year lease with the Markham Lions Club for the Print Shop Building at 9350 Highway 48 (Markham Road) at the annual rent of $1.00, said Lease to be in a form and content satisfactory to the Chief Administrative Officer and the Town Solicitor, including provisions for the renovation of the existing building at the Lions Club’s expense; and,
That Staff be authorized and directed to do all things necessary to give effect to this resolution.
CARRIED
Moved by Councillor C. Moretti
Seconded by Councillor D. Horchik
That the report be adopted, approved and confirmed.
CARRIED
12. CONFIRMATORY BY-LAW
Moved by Regional Councillor J. Jones
Seconded by Regional Councillor T. Wong
That By-law
2008-75 be given three readings and enacted.
Three Readings
BY-LAW 2008-75 A by-law to confirm the proceedings of the Council meeting of
April 15, 2008.
(Council Meeting No. 5, 2008)
CARRIED
13. ADJOURNMENT
Moved
by Councillor A. Chiu
Seconded
by Deputy Mayor J. Heath
That the meeting do adjourn.
CARRIED
Council adjourned at 8:05 p.m.
____________________________________ __________________________________
SHEILA
BIRRELL, TOWN CLERK FRANK
SCARPITTI, MAYOR
(Signed)