2008-09-23
COUNCIL MINUTES Council Chamber, Civic Centre
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 C. Moretti, Councillor J. Webster, Councillor D. Horchik, Councillor L. Kanapathi, Councillor A. Chiu. (11)
REGRETS
Councillor E. Shapero, Councillor J. Virgilio. (2)
The Regular Meeting of Council was held on September 23, 2008 at 7:04 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
B. Librecz, Commissioner of Community and Fire Services
C. Conrad, Town Solicitor
K. Kitteringham, Town Clerk
A. Tari, Committee Clerk
B. Cribbett, Treasurer
J. Wong, Technology Support
Specialist
B. Nanninga, Executive Assistant
D. Flaherty, Manager - Strategic Communications
Moved by Councillor A. Chiu
Seconded by Regional Councillor G. Landon
That the Minutes of the Council Meeting held on September 9, 2008, be adopted.
CARRIED
Ms. Moragh Wolfe, Executive Director of Big Brothers Big Sisters addressed Council and advised Ms. Maddy Nichol, Manager of Fund Development, was unable to attend tonight’s meeting to present the thank you plaque to Council for Markham's participation in the Bowl for Kids. Ms. Wolfe thanked Markham Council for declaring September as "Big Brothers Big Sisters Month" in the Town of Markham and spoke of the positive impact the mentoring programs her organization provides has on York Region’s children.
Mayor F.
Scarpitti thanked Ms. Wolfe for her presentation and encouraged people to
participate in the Bowl for Kids event.
He also thanked the organization for its work on behalf of York Region’s
children.
Moved by Regional Councillor J. Jones
Seconded by Regional Councillor G. Landon
That the presentation
of Ms. Moragh Wolfe, Executive Director of Big Brothers Big Sisters, be
received.
CARRIED
Mr. Brian
Rennick, President, The Markhaven Foundation, addressed Council and highlighted
the launch of the “Heroes Challenge Campaign”.
He thanked Markham Council for the Town’s ongoing support to the
Markhaven Foundation. He also provided a
synopsis of the Heroes Challenge and noted the reason for Members of Council
sitting in wheelchairs during tonight’s Council meeting. Mr. Rennick also recognized Ada North, Honorary
Grandma for 2008.
Mayor F.
Scarpitti thanked Mr. Rennick for his presentation and spoke of the positive work
of the Markhaven Foundation. He also
spoke of the important role of seniors in the Town of Markham.
Moved by Regional Councillor G. Landon
Seconded by Councillor J. Webster
That the presentation
of Mr. Brian Rennick, President, The Markkhaven Foundation, be received.
CARRIED
Ms.
Lilli Duoba, Senior Project Coordinator presented to Council the ‘Excellence in
Planning’ Award in the Research/New Direction Category, given to the Town of
Markham by the Ontario Professional Planners Institute (OPPI) for the Small
Streams Study.
Mr.
Jim Baird, Commissioner of Development Services, spoke about the significance
of the award and of Council's commitment to environmental sustainability and
leadership in environmental planning.
Moved by Councillor J. Webster
Seconded by Councillor D. Horchik
That presentation of the ‘Excellence in Planning’ Award in the Research/New Direction Category, be received.
CARRIED
______________________________________
Moved by Councillor J. Webster
Seconded by Regional Councillor J. Jones
That Council consider the matter regarding Ontario Municipal hearing for 60 Rouge Street immediately following Presentations. (See In-camera (5) of theses minutes for the adoption of this matter).
CARRIED
______________________________________
Council consented to separate Clause (4).
Moved by Regional Councillor G. Landon
Seconded by Councillor L. Kanapathi
That Report No. 41 - General Committee comprising 9 clauses be received and adopted.
That the minutes of the June 16, 2008 Board of the Varley McKay Art Foundation of Markham be received; and,
That the following resolution from the June 16, 2008 Board of the Varley McKay Art Foundation of Markham Minutes be adopted:
“That the Board of Directors approve the Policy with Respect to Donations and Income Tax Receipts”.
CARRIED
That the Terms of Reference for the Animal Care Committee be amended to read as follows:
Composition
Meetings are generally held once a month in the evening. Additional meetings will be at the call of the Chair; and,
That the following persons be appointed to the Animal Care Committee:
Barbara Newman - for the term expiring November 30, 2009
Robert Newman - for the term expiring November 30, 2009
Andrea Sim - for the term expiring November 30, 2010
Caroline Lane - for the term expiring November 30, 2011
Charlene Crawford - for the term expiring November 30, 2011
Janet Andrews - for the term expiring November 30, 2011; and,
That the recommendation of the Markham Environmental Advisory Committee to appoint Mr. Christopher Sauer as MEAC's representative to the Cycling and Pedestrian Advisory Committee for the term ending November 30, 2010 be confirmed; and,
That Ms. Sandra McEleney be appointed to the Cycling and Pedestrian Advisory Committee for the term ending November 30, 2010; and,
That the resignation of Mr. Paul Leonidis from the Markham Public Art Advisory Committee be accepted with regret, and a letter of appreciation be forwarded; and,
That the
following persons be appointed to the Markham Public Art Advisory Committee
for the term expiring November 30, 2011:
Stefania Pflugbeil
Salim Manji
That the resignation of Ms. Nisha Mehta from the Markham Race Relations Committee be accepted with regret and a letter of appreciation be forwarded; and,
That the following persons be appointed to the Canada Day Committee for the term ending November 30, 2009:
May Fung
Jaswant Dhanjal
CARRIED
That the
report entitled “Development Charge By-law Repeal” dated August 18, 2008 be
received, as amended; and,
That Council
approve, effective September 30, 2008, the repeal of Area Specific Development
Charge By-law Number 2004-224 for Buttonville North – Area 3A; and,
That Council
approve, effective September 30, 2008, the repeal of Area Specific Development
Charge By-law Number 2004-229 for Woodbine North – Area 12; and,
That Council approve,
effective September 30, 2008, the repeal of Area Specific Development Charge
By-law Number 2004-230 for Shouldice – Area 21; and,
That Council
approve, effective September 30, 2008, the repeal of Area Specific Development
Charge By-law Number 2004-231 for Mount Joy – Area 23; and,
That Council
approve, effective September 30, 2008, the repeal of Area Specific Development
Charge By-Law Number 2004-232 for Cornell – Area 41; and,
That Council
approve, effective September 30, 2008, the repeal of Area Specific Development
Charge By-law number 2004-235 for Markham Centre-Cox – Area 42B.1; and,
That Council
approve, effective September 30, 2008, the repeal of Area Specific Development
Charge By-law Number 2004-237 for Markham Centre-IBM – Area 42B.3; and,
That Council
approve, effective September 30, 2008, the repeal of Area Specific Development
Charge By-law Number 2004-240 for Markham Centre-Remington – Area 42B.7; and,
That Council
approve, effective September 30, 2008, the repeal of Area Specific Development
Charge By-law Number 2004-243 for Greensborough – Area 43; and,
That Council
approve, effective September 30, 2008, the repeal of Area Specific Development
Charge By-law Number 2004-244 for Box Grove – Area 44B; and,
That Council
approve, effective September 30, 2008, the repeal of Area Specific Development
Charge By-law Number 2004-246 for Berczy – Area 45B; and,
That Council
approve, effective September 30, 2008, the repeal of Area Specific development
charge by-law Number 2004-248 for Angus Glen – Area 47A; and further,
That
Staff be authorized and directed to do all things necessary to give effect to
this resolution.
(By-law
2008-206)
CARRIED
That the report dated August 13, 2008 entitled “2008 Markham Santa Claus Parade” be received; and,
That the Santa
Claus Parade Committee of Council be established for the 2008 Markham Santa
Claus Parade; and further,
That
the 2008 Markham Santa Claus Parade Committee of Council be comprised of the
following members; Ward 4 Councillor Carolina Moretti, Ward 5 Councillor John
Webster, Anna Rose (Manager, Community Relations), Bob Walter (Operations
District Manager East), Peter Cusimano (Rotary Club Past President), Jim
Sandiford (Rotary Club Treasurer), Susan Peterson (Rotary Club Member) and Phil
Howes (Markham BIA).
CARRIED
That
the Report titled “Waterworks Service Fees”, dated August 1, 2008, be received;
and,
That
the proposed fees outlined in Attachment ‘A’ for services provided by the
Waterworks Division be approved effective October 1, 2008; and,
That
By-Law No. 2002-276 be amended to update the fees set under Community Services
– Water section of Schedule ‘A’, with fees outlined in Attachment ‘A’; and
That
staff report back in one year on the process and the status of the
implementation of the service fees; and further
That
Staff be authorized and directed to do all things necessary to give effect to
this resolution.
(By-law
2008-207)
CARRIED
Report 1 ( 5a 5b 7 8 9 10 11 13 14 16a 16c 17 18 19 flow
chart) 2
That the report titled “Quality Management System Documentation Update” be received; and,
That Council, as the Owner and Operating Authority of Town of Markham’s Drinking Water System, endorse the following System Level Documents (SLDs) for the Town’s Quality Management System in order to be in compliance to the Drinking Water Quality Management Standard:
That Council, as the Owner and Operating Authority of Town of Markham’s Drinking Water System, are informed about the document control process, and aware of how the control documents are being controlled; and further,
That staff be authorized and directed to do all things necessary to give effect to this resolution.
CARRIED
That the following appointments to the Mayor’s Youth Task Force be confirmed for the term September 1, 2008 to June 30, 2009; and,
That Staff be authorized and directed to do all things necessary to give effect to this resolution.
LEGEND: R Returning
NAME SCHOOL GR.
MARKHAM R Vino Jeyapalan (CHAIR) High School 12
R Vijay Jeyapalan (CHAIR) High School 12
Jasper Wong High School 12
R Rebecca Wang High School 12
Senthan Thirugnanasampanthan High School 9
RShanthiya Baheerathan High School 12
Yaminee Charavanapavan Elementary School 8
UNIONVILLE R Yanbo Guo High
School 11
R Jesse Colautti High School 12
Abby Paranthaman High
School 9
R Maha Naqi High
School 10
R Joey Loi Elementary
School 9
Christine Hui Elementary
School 8
R Lavania Hui High
School 9
Kevin Jen Elementary
School 8
Krrisha Gnanachchandran High School 10
Tommy Yen High
School 9
MILLIKEN R Janelle Valestero High School 11
R Samantha Soto High School 11
R Vetura Jeyandran High School 12
R Gauri Gogna High
School 12
R Rimi Sambi High
School 11
Jeffery Duong High
School 10
THORNHILL R Melissa Huang High School 11
CARRIED
That the report entitled “Outdoor Facility Allocation Information Report” be received as information; and,
That a working committee comprised of representatives of Council, staff and user groups be formed to address:
- Creation of a Sport Field Allocation Policy
- Development and use of artificial turf fields in Markham
- Development of future indoor and outdoor facilities
- Review of user fees
CARRIED
That the letter dated March 27, 2008 from York Region regarding municipal representation on the Source Protection Committees be received; and,
That the Regional Municipality of York’s appointment of Neil Garbe, and Erin Mahoney as the Municipal Representatives to the Credit Valley, Toronto Region and Central Lake Ontario Region Source Protection Committee, and the Georgian Bay-Lake Simcoe Source Protection Committee be endorsed.
CARRIED
Moved by Councillor J. Webster
Seconded by Councillor D. Horchik
That Report No. 42 - Development Services Committee comprising 4
clauses be received and adopted.
That the staff report dated September 16, 2008 entitled “U486 Builders Inc. – Metrus Properties, Deeming By-law for Part of Blocks 2, 3, and 4 on Plan 65M-2843, being parts 18, 26, and 38 on Reference Plan 65R-22443, (municipally known as 7635 and 7675 with 7677 Markham Road),” be received; and,
That Council enact a By-law to deem Part of Blocks 2, 3, and 4 on Plan 65M-2843, being parts 18, 26, and 38 on Reference Plan 65R-22443, (municipally known as 7635 and 7675 with 7677 Markham Road) to no longer be blocks on a registered plan of subdivision, and to allow the construction of a retail building with two units and to create a single parcel of land; and further,
That Staff be authorized and directed to do all things necessary to give effect to this resolution.
CARRIED
That the September 16, 2008 report entitled “Construction of Markham Stouffville Hospital Infrastructure”, be received; and,
That the Mayor and Clerk be authorized to execute construction agreement(s) in a form satisfactory to the Chief Administrative Officer and the Town Solicitor with Markham Stouffville Hospital (MSH), to enable MSH to pre-build civil works (storm sewers, municipal roads, etc.) in advance of the site plan agreement for the hospital expansion; and further,
That Staff be authorized and directed to do all things necessary to give effect to this resolution.
CARRIED
That
the staff report dated September 16, 2008 titled “Markham Centre East Precinct
and Mobility Hub Design” be received; and,
That Council
authorizes staff to retain Urban Strategies, on a preferred supplier basis to
undertake a conceptual design for the Markham Centre Review - East Precinct
Plan and prepare a Mobility Hub Concept Plan in consultation with interested
agencies and affected land owners in the amount of $46,850.00; and,
That a contingency amount of $4,685.00 exclusive of GST be established to cover any additional costs and that the Director of Planning and Urban Design be authorized to approve expenditure of this contingency amount up to the specified limit; and,
That a new
2008 Planning Capital Budget be established entitled “Markham Centre Review
-East Precinct Plan and Mobility Hub Concept Plan” for a total amount of
$51,535.00 to be funded from the Development Charges Reserve (90% / $46,381.50)
and tax-funded Capital Contingency 44-6900-6395-005 (10% / $5,153.50); and,
That IBI Group Ltd be retained
on a preferred supplier basis for additional transportation analysis associated
with the update of the Markham Centre Transportation Study and work associated
with the revised Markham Centre Review -East Precinct and Mobility Hub Concept
Plan to a maximum of $114,400 (inclusive of $10,400 in contingencies); and,
That the Engineering Department Capital Account 083-5350-8471-005 (Markham
Centre Traffic Study Update) be increased by $ 59,128.00 and funded from the
Development Charges Reserve; and,
That the tendering process for the above awards be waived in accordance
with Purchasing By-Law 2004-341, Part 11, Section 7 (1) which states “When any
of the following conditions apply, the Treasurer and the Manager of Purchasing
may, in consultation with the appropriate Director, negotiate a contract for
the supply of goods and services without a competitive process, which shall be
submitted to the Chief Administrative Officer for approval...
(c)
when the extension of an existing contract would prove more
cost-effective or beneficial”; and,
That staff up-date Council following the Developer/Transportation Agency Roundtable Workshop scheduled for October to discuss the Mobility Hub Concept Plan; and further,
That Staff be authorized and directed to do all things necessary to give effect to this resolution.
CARRIED
That
the
That the Region of York be requested to assume 19th Avenue between Highway 404 and Woodbine Avenue in the Town of Markham into the Regional road system; and,
That the Region of York be requested to commence the Class Environmental Assessment process for the widening and reconstruction of 19th Avenue between Highway 404 and Woodbine Avenue, including the jog elimination at Woodbine Avenue; and,
That
the Region of York be requested to work with Town of Markham to examine
transportation demand management and transit options to increase the modal
split; and,
That
the Minister of Transportation, Ontario be requested to commence discussions
with the Region of York, the Town of Markham and the Town of Richmond Hill to:
(a) set out a time table for the Class Environmental Assessment, design
and implementation of a new Highway 404 interchange at 19th Avenue,
and
(b) confirm Ministry of Transportation funding commitment; and,
That Staff be authorized to participate if necessary as a joint proponent in the Class Environmental Assessment process, preliminary design and property acquisition of the Hwy 404 Interchange and 19th Avenue reconstruction subject to budget approval; and,
That Staff report back to Council as to the status of the 19th Avenue interchange and 19th Avenue reconstruction including ownership, funding, scheduling, property requirements and agreements; and,
That
a copy of this report be forwarded to the Honourable Jim Bradley, Minister of
That Staff be authorized and directed to do all things necessary to give effect to this resolution.
CARRIED
Moved by Councillor J. Webster
Seconded by Councillor C. Moretti
That Report No. 43 - Development Services Public Meeting comprising 3
clauses be received and adopted.
That the Development Services Commission report dated June 17, 2008 entitled “PRELIMINARY REPORT, Red Banner Developments Limited. Zoning By-law Amendment Application to clarify the range and nature of permitted uses and to amend the parking standards for 5906 and 5990 16th Avenue (File Number ZA 08 115374)” be received; and,
That the Record of the Public Meeting held on September 16 2008, with respect to the applications by Red Banner Developments Limited, for Zoning By-law Amendment, be received; and,
That the applications by Red Banner Developments Limited for Zoning By-law Amendment to amend By-law 1229, as amended, be approved; and further,
That the proposed amendments to By-law 1229, as amended, be enacted without further notice.
CARRIED
That the correspondence from Carolyn Dunn, Markham resident, be received; and,
That the report from the Development Services Commission dated May 20, 2008, entitled “Preliminary Report, Markham Stouffville Hospital Zoning By-law Amendment Application to permit the hospital expansion. File No. ZA 08 111302” be received; and,
That the Record of the Public Meeting held on September 16, 2008, with respect to the rezoning application submitted by Markham Stouffville Hospital to amend By-laws 304-87 and 1229, both as amended, be received; and,
That the application by Markham Stouffville Hospital to amend By-laws 304-87 and 1229, both as amended, be approved; and further,
That the proposed amendments to By-laws 304-87 and 1229, both as amended, be enacted without further notice.
CARRIED
That the
Development Services Commission report dated May 20 2008, entitled “PRELIMINARY REPORT - Applications for
Draft Plan of Subdivision Approval and Rezoning by: Majorwood Developments
Inc., 2938 Major Mackenzie Drive East (file no. SU 02 118584; ZA 08 112735);
Heritage at Cathedral – Monarch Corporation, Part Lot 22 Concession 3 (file no.
SU 05 011381; ZA 08 112151); 1696913 Ontario Inc., 2901 Elgin Mills Rd E.,
(Formerly Tucciarone Family) (file no. SU 01 110126; ZA 08 112322); Heritage at Victoria Square - Monarch
Corporation, Part Lots 26 and 27, Concession 3 (northwest quadrant of Elgin
Mills Rd. E. and Woodbine Avenue), (file no. SU 05 010966; ZA 08 112753)”,
be received; and,
That the
Record of the Public Meeting held on September 16 2008, with respect to the
applications by Majorwood
Developments Inc., Monarch Corporation, and 1696913 Ontario Inc., (Formerly
Tucciarone Family), for draft plan of subdivision approvals and
Zoning by-law Amendments, be received; and,
That the
applications by Majorwood
Developments Inc., Monarch Corporation, and 1696913 Ontario Inc., (Formerly
Tucciarone Family), to amend By-law 304-87 as amended, be
approved; and further,
That By-law
304-87 and 177-96, as amended, be enacted once both the presale and indemnity
agreements are executed between the owners, the Town and the Region.
CARRIED
Moved by Councillor A. Chiu
Seconded by Deputy Mayor J. Heath
That Council
receive and consent to the disposition of communications in the following
manner:
CARRIED
Moved by Councillor L. Kanapathi
Seconded by Regional Councillor T. Wong
That the
following be proclaimed in the Town of Markham:
- Montessori Education Week (February 23 to 27, 2009)
-
International Day at the Town Centre Montessori Private School (March 6, 2009)
- Rideshare Week (October 6 to 10, 2008);
And that the Corporate Communications Department be
requested to publish the above proclamations in the local newspapers.
CARRIED
Council consented to add New/Other Business (2).
NOTICES OF PROPOSED SALE
TOWN OF MARKHAM
PROPOSED SALE OF SURPLUS REAL
PROPERTY
(Pursuant to By-law 178-96)
Moved by Regional Councillor T. Wong
Seconded by Councillor V. Burke
That the
notice of the proposed sale for the Town own lands legally described as Lot 35, Plan 65M-2761 or 2 Aileen
Lewis Court (Markham Heritage Estates Subdivision) , be
confirmed.
(In-Camera Clause 3)
CARRIED
Councillor C. Moretti thanked Regional Councillor G. Landon and all those involved for organizing the Volunteers Appreciation Reception held on September 21, 2008. She also extended congratulations to the Committee Members and all those involved for their efforts in ensuring the successful kick-off of the 2008 Town of Markham United Way Employee Fundraising Campaign held this date.
Moved by Councillor A. Chiu
Seconded by Councillor V. Burke
That By-laws 2008-206
to 2008-213 be given three readings and enacted.
(Clause 3, Report No. 41, 2008)
(Clause 5, Report No. 41, 2008)
(Clause 1, Report No. 42, 2008)
(In-Camera (3)
CARRIED
Council consented to add In-camera Items (5) and (6).
Moved by Regional Councillor J. Jones
Seconded by Regional Councillor G. Landon
That the minutes of the in-camera Council meeting held on September 9, 2008, be confirmed.
CARRIED
REPORT
OF DEVELOPMENT SERVICES COMMITTEE - September 16, 2008
Moved by Regional Councillor J. Jones
Seconded by Regional Councillor G. Landon
That the report entitled "Jaysid Construction Ltd. Appeal of Committee of Adjustment Decision for a proposed Nightclub use" be received; and,
That the Town Solicitor and Staff be instructed to attend the Ontario Municipal Board (OMB) hearing of the appeal by Jaysid Construction Ltd. of the refusal of the Committee of Adjustment for a minor variance to permit a Nightclub as a permitted use under the by-law definition of "Commercial Club"; and,
That Staff be authorized and directed to take the actions set out in this report.
CARRIED
Moved by Regional Councillor J. Jones
Seconded by Regional Councillor G. Landon
That the Development Services Commission report on financial capability
of the applicants, Hala and Steve Palubiski to purchase a lot and
relocate/restore the Thomas Bruels House at Markham Heritage Estates and lot
selection be received; and,
That Lot 35, Plan 65M-2761 or 2 Aileen Lewis Court (Markham Heritage
Estates Subdivision) be declared surplus to the Town’s needs and made available
for sale to the applicants; and,
That a by-law be enacted authorizing the Mayor and Clerk to execute an
Agreement of Purchase and Sale between Hala and Steve Palubiski and the Town of
Markham together with the transfer/deed of land and any other documentation
required to give effect hereto in a form satisfactory to the Town Solicitor;
and,
That Staff be authorized and directed to take the actions set out in this report.
CARRIED
Moved by Regional Councillor J. Jones
Seconded by Regional Councillor G. Landon
That staff be authorized and directed to take all actions necessary with respect to a legal matter related to the designation of the John Ramer House and Barn, 6278 19th Avenue.
CARRIED
REPORT
OF GENERAL COMMITTEE - September 22, 2008
(5) ONTARIO MUNICIPAL BOARD
HEARING
COMMITTEE OF ADJUSTMENT
CONSENT AND VARIANCE APPEALS
60 ROUGE STREET (10.12)
Moved by Regional Councillor J. Jones
Seconded by Regional Councillor G. Landon
That staff be
directed to attend the Ontario Municipal Board hearing for 60 Rouge Street to
support the Committee of Adjustment's refusal of the application and to retain
outside experts as appropriate.
CARRIED
(6) ASSIGNMENT OF THE
AGREEMENT OF
PURCHASE AND SALE FOR THE
ACQUISITION OF LANDS FOR THE NINTH LINE BYPASS
TO BOX GROVE DEVELOPMENTS INC. (8.2)
Moved by Regional Councillor J. Jones
Seconded by Regional Councillor G. Landon
That the Mayor and Clerk be authorized to execute an assignment of the agreement of purchase and sale between the Town of Markham and Merle Highcock, and any other documents required to give effect hereto, for the acquisition of lands for the Ninth Line Bypass, to Box Grove Developments Inc.
CARRIED
Moved by
Councillor A. Chiu
Seconded by
Councillor V. Burke
That By-law
2008-214 be given three readings and enacted.
CARRIED
Moved by Councillor A. Chiu
Seconded by Deputy Mayor J. Heath
That the meeting do adjourn.
CARRIED
Council adjourned at 8:00 p.m.
__________________________________ ________________________________
KIMBERLEY KITTERINGHAM FRANK SCARPITTI
TOWN CLERK MAYOR
(Signed)