2008-05-27
COUNCIL MINUTES Council Chamber, Civic Centre
Meeting No. 8
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 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 May 27, 2008 at 7:18 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
C. Conrad, Town Solicitor
K. Kitteringham, Deputy Clerk
B. Cribbett, Treasurer
J. Wong, Technology Support
Specialist
P. Loukes, Commission Lead, Operations and
Waterworks
A. Seabrooke, Commission Lead, Library Services,
Fire Services, and Recreation & Culture
C. Raynor, Committee Clerk
1. DISCLOSURE OF PECUNIARY INTEREST
(1) None declared.
2. MINUTES
(1) COUNCIL
MINUTES - MAY 13, 2008
Moved by Councillor E. Shapero
Seconded by Councillor L. Kanapathi
That the
Minutes of the Council Meeting held on May 13, 2008, be adopted.
CARRIED
3. PRESENTATIONS
(1) JEFFREY
MIN, PRESIDENT, GALLERIA SUPERMARKET, THORNHILL AND
BOB BAK, EXECUTIVE DIRECTOR,
KOREAN COMMUNITY CENTRE
FOR MULTICULTURALISM -
RECOGNITIONS (12.2.6)
Council
recognized Mr. Jeffrey Min, President, Galleria Supermarket, staff of Galleria
Supermarket and Mr. Bob Bak, Executive Director, Korean Community Centre for
Multiculturalism for initiating a clean-up of Thornhill’s Grandview Park and
surrounding area. Mr. Min was also
recognized for generously contributing to 10 local charities through the
"Share the Love" campaign.
4. DELEGATIONS
(1) There was no delegation.
5. PETITIONS
(1) There was no petition.
6(a) REPORT NO. 26 - DEVELOPMENT SERVICES COMMITTEE (May 20, 2008)
Council consented to separate Clauses (6), (7), (9), (10) and (11).
Moved by Councillor J. Webster
Seconded by Councillor D. Horchik
That Report No. 26 - Development Services Committee comprised of 17
clauses be received and adopted.
(1) MARKHAM SUBCOMMITTEE MINUTES
- BOX GROVE COMMUNITY FUND
DISTRIBUTION
APRIL 29, 2008 (10.0)
That the minutes of the Markham Subcommittee - Box Grove Community Fund Distribution meeting held April 29, 2008, be received.
And that the following resolution of Markham Subcommittee - Box Grove Community Fund Distribution meeting held on April 29, 2008 be adopted:
"That approximately $44,000 from the Box Grove Community Fund (Capital Budget account 80 6900 6805 005 in the amount of 401,858), be applied towards reimbursing the property owners on 9th Line, north of 14th Avenue, for their out of pocket expenditure for water connection; and,
That the balance of the Funds be applied towards providing sanitary sewer system in the Box Grove Hamlet with the balance of the overall cost being paid through a local improvement charge on their taxes with an amortization period of 20 years subject to the community supporting the full servicing project with a minimum of 2/3 majority of all benefiting properties; and further,
That the sanitary servicing proposal be presented to the residents of Box Grove Hamlet."
CARRIED
(2) INTENTION
TO DESIGNATE UNDER PART IV
OF THE ONTARIO HERITAGE ACT
ROGER HAWKINS HOUSE
7149 16TH AVENUE,
MATTAMY HOMES (16.11.3)
That as recommended by Heritage Markham and required by the conditions of draft approval for the plan of subdivision in this area, the Roger Hawkins House – 7149 16th 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
(3) INTENTION TO DESIGNATE UNDER PART IV
OF THE ONTARIO HERITAGE ACT
SYLVESTER TOMLINSON HOUSE
7943 NINTH LINE
ALEX STARZINSKY & ELSIE
DIDOMENICI (16.11.3)
That as recommended by Heritage Markham, the Sylvester Tomlinson House 7943 9th, Line 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
(4) ACCEPTANCE FOR MAINTENANCE
OF RESIDENTIAL
SUBDIVISIONS
REGISTERED PLAN NUMBERS
65M-3586,
65M-3587, 65M-3624, 65M-3667,
65M-3765 AND 65M-3806 (10.7)
That the report entitled “Acceptance for Maintenance of Residential Subdivisions Registered Plan Numbers 65M-3586, 65M-3587, 65M-3624, 65M-3667, 65M-3765 and 65M-3806”, dated May 20, 2008, be received; and,
That the municipal services in Subdivision Registered Plan Numbers 65M-3586, 65M-3587, 65M-3624, 65M-3667, 65M-3765 and 65M-3806, be Accepted for Maintenance; and,
That by-laws be enacted by Council to accept these subdivisions and to establish each of the roads within the residential subdivisions as a public highway of the Town of Markham; and,
That the Community Services Commission accepts the responsibility for operating and maintaining the infrastructure within the subdivisions as part of the Town’s system; and,
That acceptance of the subdivision be taken into consideration in future operating budgets; and,
That the by-law to amend Schedule ‘12’ of Traffic By-law #106-71, by including compulsory stops to the indicated streets, be approved; and,
That the by-law to amend Schedule ‘A’ of the Speed By-law #105-71, by including a maximum speed of 40 kilometers per hour for the streets indicated, be approved; and,
That the by-law to amend Schedule ‘C’ of the Prohibited Parking By-law # 2005-188, by including prohibited parking on the streets indicated, be approved; and,
That the Mayor and Clerk be authorized to execute the necessary releases from the terms of the Subdivision Agreements, subject to confirmation from the Director of Engineering that the final two year guarantee periods have been completed; and further,
That Staff be authorized and directed to do all things necessary to give effect to these resolutions.
(By-laws 2008-87 to 2008-95)
CARRIED
(5) AWARD OF TENDER 033-R-08
LANGSTAFF AREA MASTER PLAN (7.12)
That the
report entitled “Award of Tender 033-R-08 Langstaff Area Master Plan” be received;
and,
That the contract for the Tender 033-R-08 Langstaff Area Land Use Master Plan be awarded to the highest ranked and highest priced bidder, Calthorpe Associates, in the amount of $821,460.00, exclusive of GST; and,
That a contingency amount of $82,000.00 exclusive of GST be established to cover any additional cost, and that the Director of Planning and Urban Design be authorized to approve expenditures of this contingency up to the specified limit; and,
That Town staff be authorized to hire sub-consultants (such as Genivar (formerly MacViro), IBI and Butler Group) on a preferred supplier basis, in accordance with the applicable provisions of the Purchasing By-law; and,
That Town staff be authorized to enter into a development charge credit/financing agreement with the land owners to cover all the costs associated with the creation of the Langstaff Area Master Plan, including fees for Calthorpe Associates, sub-consultants and dedicated Town staff; and,
That confirmation of the RFP award not be sent to Calthorpe until a letter of credit securing the full cost of the Langstaff Area Master Plan, including fees for Calthorpe Associates, sub-consultants and dedicated Town Staff has been received by the Town from the land owners; and,
That funding for this project come from the 2008 Planning Capital Budget for Langstaff area Master and Secondary Plan process account # 80-5350-8505-005, to be funded through Developer financing; and,
That Development Services Committee receive for information purposes, the proposed Master Plan Study and Secondary Plan amendment timelines, which includes an outline of the public consultation program (Table 3); and further;
That Staff be authorized and directed to do all things necessary to give effect to this resolution.
CARRIED
(6) WITHIN RANGE GOLF CENTRES INC.
APPLICATION FOR
SITE PLAN APPROVAL
TO PERMIT AN OUTDOOR DRIVING
RANGE
WITH CHIPPING & PUTTING
AREAS, CLUBHOUSE
AND MINIATURE GOLF COURSE
8111 LESLIE STREET (SC 07
113233) (10.6)
That the report dated May 20, 2008, entitled “RECOMMENDATION REPORT - Application for Site Plan Approval to permit an outdoor driving range with chipping & putting areas, clubhouse and miniature golf course”, be received; and,
That the Site Plan Control application
(SC-07-113233) submitted by Within Range
Golf Centres Inc.,
to permit an outdoor driving range with chipping & putting
areas, clubhouse and miniature golf course at 8111 Leslie Street, be endorsed in
principle subject to the conditions included in Appendix ‘A’; and,
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 further,
That this Recommendation Report be forwarded
to the Ministry of Municipal Affairs and Housing (MMAH).
CARRIED
(See following direction to staff)
Council requested staff add the following to Appendix 'A' regarding the
site plan application submitted by Within Range Golf Centres Inc., 8111 Leslie
Street:
"- That the applicant arrange a site visit with Staff and the Ward Councillor in order to determine the nature of the berm and buffer area;
- That
the applicant covenant and agree to the prohibition of all pesticide use in
accordance with the Town’s Pesticide By-law 2007-146, as amended;
- That the Property Owner and applicant acknowledge that a future
trail system has been proposed through the site as outlined in Markham’s
“Pathway and Trails Master Plan, Cycling Master Plan and York Region’s Pedestrian
and Cycling Master Plan”;
- That the golf facility shall not preclude options for a future
trail system subject to satisfactory arrangements between the Town and/or the
Region and the property owner (Province of Ontario)."
(7) PRECINCT PLAN UPDATE FOR THE
STRINGBRIDGE/TIMES
LANDS AT THE
SOUTH-WEST CORNER OF HIGHWAY 7
AND SOUTH TOWN CENTRE
BOULEVARD
TO INCORPORATE A PUBLIC PARK,
AND
HOLD REMOVAL BY-LAW FOR A
PORTION OF THE TIMES LANDS (ZA
08 114104) (10.5)
Report Attachment Draft
By-law Schedule
Moved by Councillor J. Webster
Seconded by Councillor D. Horchik
That the memorandum dated May 27, 2008 from the Commissioner of
Development Service regarding the Precinct Plan Update for the Stringbridge/Times
lands at the south-west Corner of Highway 7 and South Town Centre Boulevard and
the removal of the Hold removal for a portion of the Times lands, be received; and,
That the revised Precinct Plan for the Stringbridge Investments Limited
and Times Group Corporation lands be endorsed, in principle; and,
That final approval of the revised Precinct Plan be delegated to the
Commissioner of Development Services; and,
That the zoning by-law amendment to remove the Hold (H7) provision from
the portion of the Times Group Corporation lands which is zoned “Markham Centre
Open Space Two,” be enacted; and further,
That Staff be
authorized and directed to do all things necessary to give effect to this
resolution.
(By-law 2008-111)
CARRIED
(See following motion which was
withdrawn)
"That the correspondence from Macaulay
Shiomi Howson Ltd., be received; and,
That the staff report entitled “Recommendation
Report, Precinct Plan Update for the Stringbridge/Times lands at the south-west
Corner of Highway 7 and South Town Centre Boulevard, and Hold removal for a
portion of the Times lands, File No. ZA 08 114104” be received; and,
That the revised Precinct Plan for the
Stringbridge Investments Limited and Times Group Corporation lands be approved;
and,
That the attached zoning by-law amendment to
remove the Hold (H7) provision from the portion of the Times Group Corporation
lands which is zoned “Markham Centre Open Space Two,” be enacted upon receipt
of a written confirmation from the Times Group Inc.,
satisfactory to the Commissioner of Development Services, of their commitment
to contribute appropriate funds, over and above normal parkland and development
charge requirements, to the special park feature; and further,
That
Staff be authorized and directed to do all things necessary to give effect to
this resolution."
(8) STREET, PARK AND STORM POND
NAMING AND
ADDRESSING PROTOCOL (10.14, 10.0)
That the report titled “Street, Park and Storm Pond Naming and Addressing Protocol” dated May 20, 2008, be received; and,
That Council authorize the use of the protocol outlined in the staff report for the future naming and addressing of streets, parks and storm ponds in conjunction with the processing of draft plans of subdivision and site plan applications; and,
That the protocol for Street, Park and Storm Pond Names and Addressing attached as Appendix “A” to this report be incorporated into the Town’s Development Application Procedures (D.A.P.) Manual; and further,
That Staff be authorized and directed to do all things necessary to give effect to this resolution.
CARRIED
(9) TREE PRESERVATION BY-LAW (5.7)
Report Attachment A Attachment B
That the report to Development Service Committee dated May 20, 2008
entitled “Tree Preservation By-law” be received; and,
That, pursuant to s. 135 of the Municipal Act, 2001, S. O.
2001, c. 25, Council exercise its powers to pass a by-law to
prohibit or regulate the injury or destruction of trees, to require that a
permit be obtained prior to the injury or destruction of trees, and to impose
conditions to a permit, for the purpose of protecting trees on private property
within the Town of Markham; and,
That Community Services staff proceed with hiring the “Tree
Preservation By-law Technical Coordinator” to develop an appropriate “Tree
Preservation Education Program” and appropriate administrative procedures,
practices and policies required to administer the “Tree Preservation By-law”;
and,
That the “Tree Preservation By-law” attached as Appendix ‘A’ to the
report to Development Service Committee dated May 20, 2008 entitled “Tree
Preservation By-law” be enacted and come into force and effect on June 24, 2008;
and,
That the
amendment to the “Fee By-law”, attached to this report as Attachment “B”, be
enacted and come into force and effect on June 24, 2008; and further,
That staff be authorized and
directed to do all things necessary to give effect to this resolution.
(By-laws 2008-96 and 2008-97 deferred to the June 24, 2008 Council meeting)
(Communication No. 45-2008)
CARRIED AS AMENDED
(See following motion to amend)
Moved by Deputy Mayor J. Heath
Seconded by Regional Councillor T. Wong
That Clause (9), Report No. 26 be amended to revised the effective date from "September 1, 2008" to "June 24, 2008".
CARRIED
(10) ROUGE PARK PROJECTS INFORMATION
AND SCREENING
PACKAGE (10.0)
That the Development Services Commission Report entitled Rouge Park Projects Information and Screening Package dated, May 20, 2008 be received; and,
That the Rouge Park Projects Information and Screening Package attached as Appendix ‘A’ be endorsed for use when future Rouge Park projects within the Town of Markham are proposed; and,
That the Site Alteration By-law 2006-97 be amended to grant the Director of Engineering discretionary powers, as noted in this report, to vary the information requirements and waive the fees required for issuance of a site alteration permit for Rouge Park projects within the eastern Markham Rouge Park; and,
That the Tariff of Fees for the Processing of Planning Applications By-law 211-83 be amended to waive the fees required for a site alteration permit for Rouge Park reforestation and site restoration projects; and,
That the amendment to Site Alteration By-Law 2006–97 as attached in Appendix ‘B’ be enacted; and,
That the amendment to Tariff of Fees for the Processing of Planning Applications By-law 211-83 as attached in Appendix ‘C’ be enacted; and,
That notice of the amendment to Site Alteration By-law 2006-97 be posted on the Town of Markham website; and further,
That Staff be authorized to do all things necessary to give effect to this resolution.
(By-laws 2008-98 & 2008-99)
CARRIED
(11) MARKHAM'S ECONOMIC STRATEGY 2009-2018 (10.14)
Presentation Revised Presentation Consultant's Report Revised Consultant's Report
That
the presentation and consultant’s report regarding Markham's Economic Strategy
2009-2018, An Economic Development Blueprint for the Second Decade of the 21st
Century be received; and,
That
the consultant’s report be forwarded to the City of Toronto, Toronto Region
Research Alliance (TRRA), Toronto City Summit Alliance, Minister of Economic
Development for both the Province of Ontario and the Government of Canada and
Toronto Financial Services Alliance (TFSA) and any other business and/or agency
suggested by the Director of Economic Development; and,
That
a Public Consultation be scheduled for Fall, 2008 to raise awareness and invite
comment and/or input; and further,
That
the issue regarding the proposed renaming of the Town of Markham to become the
City of Markham be separated from the report and the proposed Fall, 2008 Public
Consultation meeting.
CARRIED
(12) PEDESTRIAN COUNTDOWN
SIGNAL UPDATE (5.12)
Report Attachment A Attachment B Attachment C Attachment D
That the report entitled “Pedestrian
Countdown Signal Update,” be
received; and,
That the recommended criteria for the installation of Pedestrian
Countdown Signals in Markham be endorsed; and,
That
Staff be authorized to retain a qualified contractor for installation of the
Pedestrian Countdown Signals at the five intersections listed in this report in
accordance to the Town’s purchasing by-law; and,
That the Pedestrian Countdown Signals be funded through the 2008 Engineering Capital Budget for “Intersection Improvements” (account # 083-5350-8175-005); and further,
That staff be authorized and directed to do all things necessary to give effect to this resolution.
CARRIED
(13) RODICK ROAD - ALTERNATIVE MEASURES
TO TRAFFIC CALMING (5.12)
Report Attachment
A Attachment
B Attachment C
That the report entitled “Rodick Road - Alternative Measures to Traffic Calming” be received; and,
That Council endorse in principle the use of a roundabout at the intersection of Rodick Road and Macrill Road; and,
That the Engineering Department, in consultation with the local councillor, be authorized to hold a community meeting to seek resident endorsement for a roundabout at the intersection of Rodick Road and Macrill Road; and,
That the Engineering Department be authorized to proceed to a detailed design and tendering of a roundabout in 2009, pending support from the community; and,
That the design and construction for the roundabout be funded through the 2008 Engineering budget account #7660; and further,
That Staff be authorized and directed to do all things necessary to give effect to this resolution.
CARRIED
(14) BIRCHMOUNT
ROAD EXTENSION - 14TH AVENUE
TO ENTERPRISE DRIVE - PROJECT
UPDATE (5.10)
That the report dated May 20, 2008, entitled “Birchmount Road Extension 14th
Avenue to Enterprise Drive – Project Update” be received; and,
That the tendering process for the relocation of existing utilities,
include design review and construction coordination services, be waived in
accordance with Purchasing By-Law 2004-341 Part II, Section 7 (2); and,
That staff be authorized to issue Purchase
Orders to the various utility companies for the relocation of their existing
facilities up to a total value of $1,500,000 exclusive of GST to be funded from
Capital account # 83-5350-8047-005; and,
That staff be authorized to retain Totten Sims Hubicki to provide design review and construction coordination services for the relocation of the existing utilities in an amount not to exceed $36,200 exclusive of GST to be funded from Capital account # 83-5350-8047-005; and,
That staff be authorized to increase the value of the contract with Totten Sims Hubicki in accordance with Purchasing By-Law 2004-341, Part II, Section 7 (1) (c) which states “when the extension of an existing contract would prove more cost-effective or beneficial” to include additional detailed designs, field surveys and geotechnical investigations required by CN Rail in an amount not to exceed $65,000 exclusive of GST to be funded from Capital account #83-5350-7629-005; and,
That staff be authorized to increase the value of Purchase Order P6-00159 to CN Rail for the cost of CN Rail’s peer review of the bridge design and consulting engineering costs for the design of the track diversion in an amount not to exceed $25,000 excluding GST.to be funded from Capital account #83-5350-7629-005; and,
That staff be authorized to pre-qualify contractors for the
construction of the second phase of the Birchmount Road extension project
including the construction of the CN Rail underpass structure; and,
That upon payment of all the invoices, any remaining funds be returned to the original funding source; and further,
That staff be authorized and directed to do all things necessary, including the execution of documents, to give effect to the above.
CARRIED
(15) TEMPORARY DRIVEWAY AT
UNIONVILLE GO
STATION (5.10)
That the report entitled “Temporary Driveway at Unionville GO Station”, dated May 20, 2008 be received; and,
That a temporary driveway through Town of Markham lands to provide additional access to Unionville GO Station be endorsed subject to the conditions listed in the report; and,
That the Mayor and Clerk be authorized to enter into an agreement with GO Transit related to the temporary driveway to the satisfaction of the CAO and the Town Solicitor; and further,
That Staff be authorized and directed to do all things necessary to give effect to this resolution.
CARRIED
(16) GLENBOURNE PARK
PARKING PROHIBITION (5.12.4)
Report Attachment
A Attachment
B Attachment
C Attachment
D
That the report entitled “Glenbourne
Park Drive Temporary Parking Prohibition and Speed Limit Amendment” dated May 20, 2008, be received; and,
That Schedule ‘C’ of Traffic By-law 2005-188
be amended to prohibit parking on both sides of Glenbourne Park Drive, between
Major Mackenzie Drive and Scandia Court, as outlined in this report; and,
That Schedule ‘F’ of Speed By-law 105-71, defining a maximum speed of
50 kilometres per hour, be amended as outlined in this report; and,
That Schedule ‘A’ of Speed By-law 105-71, defining a maximum speed of
40 kilometres per hour, be amended as outlined in this report; and,
That on-going maintenance costs for these signs be included in future Operations Department budgets; and,
That the Parking Control Department be directed to enforce the parking prohibition upon installation of the signs; and further,
That staff be authorized and directed to do all things necessary to give effect to this resolution.
(By-laws 2008-100 and 2008-101)
CARRIED
(17) UNIONVILLE SUBCOMMITTEE MINUTES
WEST CATHEDRAL FIRE
HALL
MAY 13, 2008 (10.0)
That the minutes of the Unionville Subcommittee - West Cathedral Fire Hall meeting held May 13, 2008, be received.
And that the following resolution of Unionville Subcommittee - West Cathedral Fire Hall meeting held on May 13, 2008 be adopted:
"That Staff and Thomas Brown Architect continue to refine (minimum of Silver LEED certification) the Version 1 (slope roof elevation); and,
That a 3 dimensional drawing be produced and reported back to the Unionville Subcommittee prior to the recommendation report going to the General Committee meeting in June 2008."
CARRIED
6(b) REPORT
NO. 27 - DEVELOPMENT SERVICES PUBLIC MEETING (May 20, 2008)
Moved by Councillor J. Webster
Seconded by Councillor D. Horchik
That Report No. 27 - Development Services Public Meeting comprised of 1
clause be received and adopted.
(1) NEAMSBY INVESTMENTS INC.
ZONING BY-LAW
AMENDMENT
TO AMEND THE EXISTING HOLD
PROVISION
ON CERTAIN LANDS NEAR THE
NORTHWEST CORNER
OF MARKHAM ROAD AND STEELES
AVENUE
FILE NO. ZA 08 107413 (10.5)
That the record of the Public Meeting held on May 20, 2008, with
respect to “Neamsby Investments Inc., Zoning By-law Amendment (ZA 08 107413) to
amend the existing Hold provision on certain lands near the northwest corner of
Markham Road and Steeles Avenue”, be received; and,
That the Zoning By-law Amendment application (ZA 08 107413) to amend By-law 90-81, as
amended, submitted by Neambsy Investments Inc. to amend the existing Hold provision on
certain lands near the northwest corner of Markham Road and Steeles Avenue, be approved and the draft
Zoning By-law amendment be enacted without further notice.
CARRIED
6(c) REPORT NO. 28 - GENERAL COMMITTEE (May 26, 2008)
Council consented to add Report No. 28 and to separate Clause (1).
Moved by Councillor J. Virgilio
Seconded by Councillor C. Moretti
That Report No. 28 - General Committee comprised of 6 clauses be received and adopted.
(1) BUSINESS IMPROVEMENT AREA (BIA)
STREETSCAPE SERVICES (3.11
& 3.12)
That
the report dated May 26, 2008 entitled “Business Improvement Area (BIA) Streetscape
Services” be received; and,
That
the report dated May 5, 2008 entitled “Business Improvement Area
(BIA)Streetscape Services” be disregarded and be replaced with this report;
and,
That the
emails from the following members of the Main Street Markham BIA forwarding
their comments with respect to the report entitled, “Business Improvement
Area-Streetscape Services” be received:
Roger Clements
Diane Kobelansky
Paul Salvo
Leslie Olson
Beatrice and John Barbarian
Victor Hartman; and,
That
in 2008, the Markham and Unionville Business Improvement Areas receive the
current level of streetscape services at no cost; and,
That
a Committee be established to consider a Town-wide policy on streetscape
enhancement and beautification, to be in effect for 2009; and,
That
the Markham and Unionville Business Improvement Areas not be charged for
streetscape services received in 2007; and further,
That Staff be
authorized and directed to do all things necessary to give effect to this
resolution.
CARRIED
(See following recorded votes)
Council consented to
divide the motion, Clause (1), Report No. 28, for voting purposes.
Paragraph 4
That in 2008, the Markham and Unionville Business Improvement Areas receive the current level of streetscape services at no cost.
(Carried
on a unanimous recorded vote)
(Councillor
L. Kanapathi absent)
Paragraph 5
That a Committee be established to consider a
Town-wide policy on streetscape enhancement and beautification to be in effect
for 2009.
(Carried
on a unanimous recorded vote)
(Councillor L. Kanapathi absent)
Paragraph 6
That the Markham and Unionville Business
Improvement Areas not be charged for streetscape services received in 2007; and
further,
(See
following recorded vote) (8:4)
YEAS: Mayor F. Scarpitti, Deputy Mayor J. Heath, Regional Councillor J. Jones, Regional Councillor T. Wong, Councillor V. Burke, Councillor E. Shapero, Councillor J. Virgilio, Councillor C. Moretti. (8)
NAYS: Regional Councillor G. Landon, Councillor J. Webster, Councillor D. Horchik, Councillor A. Chiu. (4)
ABSENT: Councillor L. Kanapathi
(2) ZERO WASTE POLICY FOR TOWN FOOD AND
CATERING
SERVICES AND EVENTS
(5.1)
That the Report entitled “Zero Waste Policy for Town Food and Catering Services and Events” be approved; and,
That effective July 1, 2008, all food service operations and Town run events in the Civic Center conform to Markham’s Zero Waste Food and Catering Service Policy; and,
That effective January 1, 2009, all food service operations in Town owned or leased facilities and Town run events conform to Markham’s Zero Waste Food Service and catering Policy subject to negotiations with contracts already in place; and,
That effective January 1, 2009, all food service vendors who supply services directly or indirectly to the Town, through the servicing of Town sponsored events be prohibited from using polystyrene food serving products including but not limited to plastic utensils, clamshell containers, cups, and plates; and,
That effective
January 1, 2009, all community events that have been financially supported by
the Town be required to conform to Markham’s Zero Waste Food Service and
Catering Service Policy; and,
That an awareness and education program be developed; and,
That the Town’s cafeteria services contract mandate the adherence to this policy; and further,
That Staff be authorized and directed
to do all things necessary to give effect to this resolution.
CARRIED
(3) CONTRACT EXTENSION
014-R-02 CAFETERIA
SERVICES FOR THE MARKHAM CIVIC
CENTRE (7.12 & 5.1)
That the report entitled “Contract extension 014-R-02 Cafeteria Services for Markham Civic
Centre” be received; and,
That
the presentation by Mr. M. Schreiner, Vice President, Local Food Plus (LFP),
be received; and,
That
the tendering process be waived in accordance with Purchasing By-Law 2004-341,
Part II, Section 7 (1) which states…(c) when the extension of an existing
contract would prove more cost-effective or beneficial; and,
That Contract 014-R-02 for Cafeteria Services for Markham Civic Centre be extended to Unique Caterers & Party Services (Unique Caterers), for a term of three (3) years with an option to renew for an additional two (2) years based on mutual agreement and with revised financial terms and conditions as provided under financial consideration section of this report; and,
That Contract 014-R-02 for Cafeteria Services for Markham Civic Centre be amended to include 8100 Warden Ave Cafeteria Services requirements; and,
That the Cafeteria
Services contract include a clause that focuses on provision of services that
conform to the Town’s healthy workplace environment and initiatives related to
waste diversion resulting in a “Zero Waste” environment; and,
That the Mayor and Town Clerk be authorized to execute an agreement with Unique Caterers in a form satisfactory to the Town’s Solicitor and Commissioner, Corporate Services; and,
That the Manager of Purchasing be authorized to enter in a Memorandum
of Understanding with the Local Food Plus (LFP) for the duration of this
contract to monitor and implement the purchase of produce from local farmers as
per contract; and,
That the Treasurer
be given the authority to set aside annually up to ten per cent of the revenue
from the contract to assist Unique Caterers on pricing strategies and
procurement alternatives to enable the achieving of the mandates of the
Corporate Zero Waste policy, healthy food alternatives and Local Food Procuring
initiatives; and,
That the current working group continue to work with Unique Caterers
and periodically report to the environmental issues committee on the progress
of the Zero Waste initiatives; and,
That funds collected will be credited to the Corporate Revenue Account; and further,
That Staff be authorized and directed to do all things necessary to give effect to this resolution.
CARRIED
(4) SMOG SUMMIT
That the staff memorandum from Ms. M
Urquhart, Manager, Environmental Leadership, regarding the Smog Summit in June,
2008, be received; and,
That Mayor F. Scarpitti be authorized to sign
the 2008 Toronto and Region Intergovernmental Declaration on Clean Air on
behalf of the Town of Markham at the Smog Summit on June 4, 2008.
CARRIED
(5) GRANT REQUEST-SOUTH ASIAN HERITAGE MONTH
(7.6)
That
the presentations by Mr. S. Joshi and Mr. A. Kumar, on behalf of Vedic Cultural
Centre, regarding the work of the Centre and of the South Asian Heritage Month
event, be received; and,
That the grant
application from the Vedic Cultural Centre towards their South Asian Heritage
Celebration event on May 31, 2008 be approved to a level of $2,500 to be funded
from the Council Sponsorships Account number 840-841-5840.
CARRIED
(6) 2008
CELEBRATE MARKHAM GRANTS ALLOCATIONS
BY THE GRANTS SUB-COMMITTEE INCLUDING THE 2008
CHARACTER COMMUNITY PROGRAM (7.6)
That
the report dated May 26, 2008 entitled “2008 Celebrate Markham Grants
Allocation by the Grants Sub-Committee including the 2008 Character Community
Program” be received; and,
That
$5,000 be allocated to Character Community from the unallocated balance of
$5,250 within the 2008 Celebrate Markham Grants Budget; and,
That
the recommendations from the April 21, 2008 report entitled “2008 Celebrate
Markham Grants Allocation by the Grants Sub-Committee” be approved, save and
except the amounts apportioned to the Seniors Clubs and Opera York; and,
That
staff report back to General Committee with a policy on grant allocations; and,
That
Staff be authorized and directed to do all things necessary to give effect to
this resolution; and further,
That staff be
directed to consider options for retaining a consultant to provide education to
Celebrate Markham grant recipients on strategies for making events more
financial sustainable.
CARRIED
7. MOTIONS
(1) There was no motion.
8. NOTICE OF MOTIONS
(1) There was no notice of motion.
9. COMMUNICATIONS
Moved by Councillor A. Chiu
Seconded Deputy
Mayor J. Heath
That Council
receive and consent to the disposition of communications in the following
manner:
Referred to all Members of
Council
39-2008 Dave Shearer, Facilities Coordinator, Markham Village Music Festival Committee - Forwarding a request to close various streets to facilitate the 2008 Markham Village Music Festival as follows:
Dates and times
June 20, 2008 - 4:00 p.m. to 11:00 p.m.
June
21, 2008 - 7:00 a.m. to 7:00 p.m.
Streets
a) Main Street Markham north from Highway 7 to
South of Parkway Avenue
b) Access east from Main Street Markham is
closed to
- Centre Street
- Robinson Street
c) Access west from Main Street Markham is
closed to
- Thompson Court
- Dublin Street
- Robinson Street
- Wilson Street
d) Robinson Street
(By-law 2008-102) Info
40-2008 Councillor C. Moretti, Town of Markham - Forwarding a request to close McCowan Road on July 1, 2008 to facilitate the Canada Day Celebrations being held at Milne Park as follows:
- McCowan Road from Bullock Drive to South Unionville Drive (3:00 p.m. to 4:30 p.m.)
- McCowan Road from Highway 7 to South Unionville Drive (8:30 p.m. to 11:30 p.m.) (3.5)
(By-law 2008-103) Info
41-2008 Sara Sterling,
Media Consultant & Co-Chairs of ½ Marathon, on behalf of Markham
Stouffville Hospital - Forwarding a request to close the following streets on
November 2, 2008 from 8:30 a.m. to 12:30 p.m. to facilitate the Angus Glen Half
Marathon:
Start line is at Angus Glen Golf Course
- South on Kennedy Road to
Major MacKenzie Drive
- West on Major MacKenzie
Drive to Prospector's Drive
- South on Prospector's Drive
to The Fairways
- West on The Fairways and
south onto Royal Troon Crescent
- Royal Troon Crescent onto
Angus Glen Blvd
- East on Angus Glen Blvd to
Potters Wheel Road
- North on Potters Wheel Road
to Port Rush Trail
- East on Port Rush Trail to
Angus Meadow Drive
- South on Angus Meadow Drive
to Angus Glen Blvd
- East on Angus Glen Blvd to
Kennedy Road
- South on Kennedy Road to
just north of 16th Avenue
Runners make a u-turn & go north on Kennedy Road to Elgin Mills Road
East
- East on Elgin Mills Road to
McCowan Road
- North on McCowan Road to
19th Avenue
- West on 19th Avenue to
Warden Avenue
- South on Warden Avenue to
Elgin Mills Road East
- East on Elgin Mills Road
East to Kennedy Road
- South on Kennedy Road to
Angus Glen Golf Course. (3.5)
(By-law 2008-104) Info
42-2008 Bob Ferguson, Chairman, Unionville Village Festival - Requesting an approval from the Town of Markham regarding the application of a Special Occasion Liquor Permit to be utilized in conjunction with the Unionville Village Community Festival for the following dates:
-
June 6, 2008 from 8:00 p.m. to 1:00 a.m. at Crosby Community Centre
- June 7, 2008 from 12:00 noon to 10:00 p.m. at Unionville Curling Club Parking
Lot. (3.21) Info
43-2008 John Liagakis, Greek
Orthodox Community of Markham - Requesting an approval from the Town of Markham
regarding the application of a Special Occasion Liquor Permit to be utilized on
July 18, 19, 20 and July 25, 26, 27, 2008 from 5:00 p.m. to 11:00 p.m. at 11359
Warden Avenue during the Annual Greek Community Festival. (3.21)
44-2008 Lauren Jankowski, Summer Assistant Manager, Markham Village BIA - Requesting an approval from the Town of Markham regarding the applications of temporary extension to the liquor licence to be utilized in conjunction with the various community festivals being held during summer 2008. The details of the applications are:
a) Markham Village Music Festival (Friday,
June 20, 2008 from 4:00 p.m. to 11:00 p.m. & Saturday, June 21, 2008 from 11:00
a.m. to 6:00 p.m.)
b) Pedestrian Mall
(Sunday, July 20, 2008, and October 5, 2008 from 11:00 a.m. to 6:00 p.m.)
c) Markham
Jazz Festival (Sunday, August 17, 2008 from 11:00 a.m. to 6:00 p.m.)
The extensions are for the outdoor areas created by using the sidewalks located directly in front of the following establishments while the street is closed to vehicular traffic:
- The Duchess of Markham, 53 Main
Street North
- Main’s
Mansion Restaurant and Bar, 144 Main Street North
- The Artisan Pub, 48 Main Street North
(The hours for the Artisan Pub will be from 11:00 a.m. to 11:00 p.m. for all events as the extended hours will be for the patio beside the establishment. Also, the extension of the licence for the Artisan Pub during the Markham Jazz Festival will be from Friday, August 15 to Sunday, August 17, 2008).Info
45-2008 Manager, Parks
and Open Space Development - Providing an update with respect to the proposed
Tree Preservation By-law, as requested by the Development Services Committee at
its meeting held on May 20, 2008. (5.7)
(Clause 9, Report No. 26, 2008) (By-laws 2008-96 and 2008-97)
CARRIED
10. PROCLAMATIONS
Council consented to confirm the proclamation of "Victorian Order of Nurses Week".
(1) PROCLAMATIONS (3.4)
Moved by Councillor J. Webster
Seconded by Regional Councillor T. Wong
That the following be proclaimed in the Town of Markham:
- Spina Bifida
and Hydrocephalus Awareness Month (June 2008)
- Seniors'
Month (June 2008); and,
That the Corporate Communications Department be requested to publish the above proclamations in the local newspapers; and,
That the proclamation of "Victorian Order of
Nurses Week", May 18 to 24, 2008, be confirmed.
CARRIED AS AMENDED
11. NEW/OTHER BUSINESS
(1) There was no new/other business.
12. BY-LAWS
Council consented to separate By-laws 2008-96 and 2008-97, and to add By-law 2008-111.
Moved by Councillor D. Horchik
Seconded by Regional Councillor T. Wong
That By-laws 2008-96 and 2008-97 be deferred to the June 24, 2008 Council meeting for enactment.
CARRIED
Moved by Councillor D. Horchik
Seconded by Regional Councillor T. Wong
That By-laws 2008-87
to 2008-95, By-laws 2008-98 to 2008-109 and By-law 2008-111 be given three
readings and enacted.
Three Readings
BY-LAW 2008-87 A by-law to establish streets laid out according to Plan of
Subdivision 65M-3765 as public highway (536142 Ontario Limited, Part of Lot 16,
Concession 8 - Chasser Driver).
(Clause 4, Report No. 26, 2008)
BY-LAW 2008-88 A by-law to establish streets laid out according to Plan of
Subdivision 65M-3624 as public highway (536142 Ontario Limited, Part of Lot 16,
Concession 8 - Chasser Driver and Donhaven Road).
(Clause 4, Report No. 26, 2008)
BY-LAW 2008-89 A by-law to establish streets laid out according to Plan of
Subdivision 65M-3587 as public highway (536142 Ontario Limited, Part of Lots 16
and 17, Concession 8 - Beckstead Street, Outlook Terrance Drive, Trelawny Road
and Victoria Wood Avenue).
(Clause 4, Report No. 26, 2008)
BY-LAW 2008-90 A by-law to establish streets laid out according to Plan of
Subdivision 65M-3667 as public highway (536142 Ontario Limited, Part of Lots 16
and 17, Concession 8 - Darrington Drive, Greengage Street, Reston Ridge Street
and Victoria Wood Avenue).
(Clause 4, Report No. 26, 2008)
BY-LAW 2008-91 A by-law to establish streets laid out according to Plan of
Subdivision 65M-3806 as public highway (16th and McCowan Holdings
Limited, Part of Lot 16, Concession 7 - Barnstone Drive, Maria Road, Armando
Drive, Tidewater Street and Alexander Lawrie Avenue).
(Clause 4, Report No. 26, 2008)
BY-LAW 2008-92 A by-law to establish streets laid out according to Plan of
Subdivision 65M-3586 as public highway (536142 Ontario Limited, Part of Lots 16
and 17, Concession 8 - Alfred Patterson Drive, Beckstead Street, Chasser Drive,
Donhaven Road, Greenpage Street, Reston Ridge Street, Trelawny Road and
Victoria Wood Avenue).
(Clause 4, Report No. 26, 2008)
BY-LAW 2008-93 A by-law to amending Traffic By-law 106-71 (To implement Compulsory
stops - 65M-3586, 65M-3587, 65M-3624, 65M-3667, 65M-3765 and 65M-3806).
(Clause 4, Report No. 26, 2008)
BY-LAW 2008-94 A by-law to amend Speed By-law 105-71(To set a maximum speed of
40 kilometers per hour - 65M-3586, 65M-3587, 65M-3624, 65M-3667, 65M-3765 and
65M-3806).
(Clause 4, Report No. 26, 2008)
BY-LAW 2008-95 A by-law to amend Parking By-law 2005-188 (Parking prohibition
on Alexander Lawrie Avenue - Sixteenth Avenue and a point 75 m north thereof).
(Clause 4, Report No. 26, 2008)
BY-LAW 2008-96 A by-law to regulate or prohibit the injury or destruction of trees on private property within the Town of Markham (Tree Preservation By-law) (Effective June 30, 2008).
(Clause 9, Report No. 26, 2008)
(Deferred to June 24, 2008 Council meeting)
BY-LAW 2008-97 A by-law to amend Fee By-law 2002-276 (Tree Preservation By-law Permit Fees).
(Clause 9, Report No. 26, 2008)
(Deferred to June 24, 2008 Council meeting)
BY-LAW 2008-98 A by-law to amend Site Alteration By-law 2006-97 (To grant the
Director of Engineering discretionary powers to vary the information requirements and waive
the fees required for issuance of a site alteration permit for Rouge Park
projects within the eastern Markham Rouge Park).
(Clause 10, Report No. 26, 2008)
BY-LAW 2008-99 A by-law to amend By-law 211-83, as amended, being a by-law to
prescribe a tariff of fees for the processing of planning applications (To waive
fees for Rouge Park projects within the eastern Markham Rouge Park).
(Clause 10, Report No. 26, 2008)
BY-LAW 2008-100 A by-law to amend Parking By-law 2005-188 (Parking prohibition on
both sides of Glenbourne Park Drive between Major Kackenzie Drive and Scandia
Court).
(Clause 16, Report No. 26, 2008)
BY-LAW 2008-101 A by-law to amend Speed By-law 105-71 (To reduce the speed limit
on Glenbourne Park Drive between Major Mackenzie Drive and Warden Avenue from
50 kilometres per hour to 40 kilometres per hour)
(Clause 16, Report No. 26, 2008)
BY-LAW 2008-102 A by-law to authorize the temporary closure of various streets in
the Town of Markham to facilitate the Markham Village Music Festival being held
on June 20 and 21, 2008.
(Communication No. 39-2008)
BY-LAW 2008-103 A by-law to authorize the temporary closure of McCowan Road on
July 1, 2008 (Canada Day Celebrations at Milne Park).
(Communication No. 40-2008)
BY-LAW 2008-104 A by-law to authorize the temporary closure of various streets in
the Town of Markham to facilitate the Angus Glen Half Marathon being held on
November 2, 2008.
(Communication No. 41-2008).
BY-LAW 2008-105 A by-law to amend Fee By-law 2002-276 (Recreation user fees and rates and hall rates) (Approval delegated to the Director of Recreation and Culture Services)
BY-LAW 2008-106 A by-law to dedicate certain lands as part of the highways of the Town of Markham (Part of Block 11, Plan 65M-3180, designated as Part 4, Plan 65R-30620 and Part of Block 11, Plan 65M-3180, designated as Part 4, Plan 65R-30619 - James Scott Road).
BY-LAW 2008-107 A by-law to amend Municipal Law Enforcement Officers Appointment By-law 2002-178 and Parking By-law 2005-188 (To revise the lists for officers, enforcement companies and tagging locations).
BY-LAW
2008-108 A by-law to designate part of
a certain plan of subdivision not subject to Part Lot Control (Oxnard Boxgrove
Limited, southeast corner of 14th Avenue and Riverwalk Drive - Phase
2, Block 377, Plan 65M-3853).
BY-LAW 2008-109 A by-law to designate part of a certain plan of subdivision
not subject to Part Lot Control (Oxnard Boxgrove Limited, southeast corner of
14th Avenue and Riverwalk Drive - Phase 2, Blocks 5, 6, 8 and 9, Plan
65M-4032).
BY-LAW
2008-111 A by-law to amend Zoning
By-law 2004-196 (Times Group Corporation/1619175 Ontario Inc., northwest corner
of South Town Centre Boulevard and Clegg Road, Part of Lot 9, Concession 4 - To
permit construction of a parking garage within this portion of the Times Group
Corporation lands).
(Clause 7, Report No. 26, 2008)
CARRIED
13. IN-CAMERA ITEMS
Council reported the following in-camera matters:
(1) IN-CAMERA COUNCIL MINUTES - APRIL 29, 2008 (16.0)
Moved by Councillor A. Chiu
Seconded by Councillor C. Moretti
That the minutes of the in-camera Council meeting held on April 29, 2008, be confirmed.
CARRIED
REPORT
OF GENERAL COMMITTEE - May 26, 2008
(2) CONFIDENTIAL
PROPERTY MATTER
REGARDING A PROPOSED LAND
TRANSACTION (8.7)
Moved by Councillor A. Chiu
Seconded by Regional Councillor G. Landon
That the confidential report dated April 14, 2008 from the Town Solicitor regarding a property matter on land transaction be received; and,
That staff be authorized and directed to do all things necessary to give effect to this report.
CARRIED
(3) BIRCHMOUNT
ROAD EXTENSION-CONSTRUCTION
CONTRACT NO. 004-T-07 WITH
ADVICE CONTRACTING LIMITED (8.7)
Moved
by Councillor D. Horchik
Seconded
by Councillor C. Moretti
That the confidential report entitled Birchmount Road Extension Contract No. 004-T-07 with Advice Contracting Limited be received; and,
That staff be authorized and directed to take the actions set out in this report.
CARRIED
14. CONFIRMATORY BY-LAW
Moved by Councillor A. Chiu
Seconded by Regional Councillor G. Landon
That By-law
2008-110 be given three readings and enacted.
Three Readings
BY-LAW 2008-110 A by-law to confirm the proceedings of the Council meeting of May
27, 2008.
(Council Meeting No. 8, 2008)
CARRIED
15. ADJOURNMENT
Moved
by Councillor A. Chiu
Seconded
by Deputy Mayor J. Heath
That the meeting do adjourn.
CARRIED
Council adjourned at 8:56 p.m.
__________________________________ ________________________________
KIMBERLEY KITTERINGHAM FRANK SCARPITTI
DEPUTY
CLERK MAYOR
(Signed)