October
14, 2008
COUNCIL MINUTES Council Chamber, Civic Centre
Meeting No. 14
ROLL
CALL
Mayor F. Scarpitti, Deputy Mayor J. Heath, Regional Councillor J. Jones, Regional Councillor T. Wong, Regional Councillor G. Landon, Councillor E. Shapero, Councillor J. Virgilio, Councillor C. Moretti, Councillor J. Webster, Councillor D. Horchik, Councillor A. Chiu. (11)
REGRETS
Councillor V. Burke, Councillor L. Kanapathi. (2)
The Regular Meeting of Council was held on October 14, 2008 at 7:05 p.m. in the Council Chamber, Civic Centre. Mayor F. Scarpitti presided.
STAFF
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
C. Raynor, Committee Clerk
B. Cribbett, Treasurer
J. Wong, Technology Support
Specialist
B. Nanninga, Executive Assistant
D. Flaherty, Manager - Strategic Communications
B. Wiles, Manager, Enforcement and Licensing
P. Loukes, Director, Operations
P. Ingham, General Manager, Operations
1. DISCLOSURE OF PECUNIARY INTEREST
(1) Mayor F.
Scarpitti declared a conflict of interest in regard to Award of Tender
189-T-08, Microsoft Licencing Agreement, Report No. 47, Item (4), as his
brother is an employee of one of the bidders (CompuGen), and did not take part
in the consideration, discussion, or vote on the matter.
2. MINUTES
(1) COUNCIL
MINUTES
- REGULAR MEETING OF SEPTEMBER 23, 2008 AND
SPECIAL MEETING OF SEPTEMBER
29, 2008
Moved by Councillor J. Virgilio
Seconded by Councillor A. Chiu
That the Minutes of the
Council Meetings held on September 23 and 29, 2008 be adopted.
CARRIED
3. PRESENTATIONS
(1) RECOGNITION
OF ANDREW MCADAM-WONG
- BRONZE MEDAL WINNER OF
PAN AMERICAN YOUTH KARATE
CHAMPIONSHIP (12.2.6)
Council recognized Andrew McAdam-Wong, Bronze Medal Winner, Pan American Youth Karate Championship.
4. DELEGATIONS
(1) Ms. Lynda Townsend,
Townsend, Rogers LLP, representing the applicant of Gemcross Developments
(Constrada Aggregate Recycling Facility), addressed Council regarding the
application for Zoning By-law Amendment to permit the existing aggregate
recycling facility at 350 Rodick Road to operate on a permanent basis. She indicated her client intended to revise
the application to request a Temporary Use By-law for three years, instead of Zoning
By-law Amendment. (10.5)
(Item 1, Report No. 49)
(2) Mr. Jaswant Dhanjal
addressed Council regarding Senior Grant Criteria - 2008 and expressed his
appreciation to the Town of Markham. (7.6)
(Item 5, Report No. 45)
5. PETITIONS
There were no petitions.
6(a) REPORT NO. 45 - GENERAL COMMITTEE (September 22, 2008)
Moved by Councillor J. Virgilio
Seconded by Regional Councillor G. Landon
That Report No. 45 - General Committee comprised of 6 items be received and adopted, except for Items 1 and 4. (See resolutions below for Items 1 and 4).
(1) CREATING
AN ERUV ON THE JEWISH SABBATH (12.2.6)
Moved by Councillor J. Virgilio
Seconded by Regional Councillor G. Landon
That
the deputation by Rabbi Avraham Plotkin, Chabad Lubavitch of Markham,
requesting permission to construct an Eruv in Thornhill, be received; and
further,
That
Council approve the creation of the Eruv, subject to the satisfaction of the
Operations Department.
CARRIED
(2) APPOINTMENT AND RESIGNATION
TO ADVISORY COMMITTEE (16.24)
That the resignation of Mr. Anderson Coward
from the Markham Public Art Advisory Committee be accepted with regret and
a letter of appreciation be forwarded; and,
That the recommendation of the Board of the Varley McKay Art Foundation of Markham to appoint Ms. Lana Champion as Varley's representative to the Markham Public Art Advisory Committee for the term ending June, 2009 be confirmed.
CARRIED
(3) PROPOSED
2009 BUDGET SUB-COMMITTEE SCHEDULE (7.4)
That
the report dated September 22, 2008 entitled “Proposed 2009 Budget
Sub-Committee Schedule” be received; and,
That
the Budget Sub-Committee meetings scheduled for the dates and times below be
approved:
Meeting
# 1 – Monday, October 27th (1 p.m. to 4 p.m. – Canada Room)
Meeting
# 2 – Monday, November 3rd (2:30 p.m. to 5:30 p.m. – Canada Room)
Meeting
# 3 – Monday, November 24th (1 p.m. to 4 p.m. – Canada Room)
Meeting
# 4 – Monday, December 8th (2:30 p.m. to 5:30 p.m. – Canada Room);
and,
That
future Budget Sub- Committee meeting dates will be approved by the Budget
Sub-Committee; and further,
That
Staff be authorized and directed to do all things necessary to give effect to
this resolution.
CARRIED
(4) CANADIAN SPORT INSTITUTE OF ONTARIO
(CSIO)
PROJECT DEVELOPMENT (3.0)
Moved by Councillor J. Virgilio
Seconded by Regional Councillor G. Landon
That
the presentation by Brenda Librecz , Commissioner of Community & Fire
Services, entitled “CSIO Project Development” be received; and,
That the report entitled “CSIO Project Development” be received; and,
That the CAO and Commissioner of Community & Fire Services be authorized to engage use of external consultants to assist with a business case submission to Infrastructure Ontario and Infrastructure Canada for funding, and to ensure that development of the Canadian Sports Institute Ontario compliments a Pan Am Games Bid but is not reliant upon a Pan Am Games Bid; and,
That the CAO and Commissioner of Community & Fire Services be authorized to spend up to $50,000 for consultant and any necessary market studies needed in preparation of business case submission; and,
That Allan Seabrooke be considered a preferred supplier in conducting work as a primary consultant in the development of the submissions to Infrastructure Ontario and Infrastructure Canada; and,
That the CAO and Commissioner of Community & Fire Services be authorized to spend up to $15,000 as the Town’s share of the cost for architectural services for preliminary site layout and facility fit plans for the CSIO in the context of the Markham Centre Secondary Plan/East Precinct Plan; and further,
That the CAO and Commissioner of Community & Fire Services be authorized and directed to do all things necessary to give effect to this resolution.
CARRIED
(5) SENIOR GRANT CRITERIA – 2008
CELEBRATE MARKHAM GRANTS (7.6)
That
the report dated August 19, 2008 entitled “Senior Grant Criteria – 2008
Celebrate Markham Grants Allocation” be received; and,
That
the grant be officially named as the “Markham Seniors’ Participation Grant;”
and,
That
the Markham Seniors’ Participation Grant Criteria and Application outlined in
Appendix 1 be approved; and,
That
the Celebrate Markham Grants sub-committee schedules a meeting to approve and
allocate the 2008 Markham Seniors’ Participation Grant funds prior to year end;
and further,
That
Staff be authorized and directed to do all things necessary to give effect to
this resolution.
CARRIED
(6) GRANT
APPLICATION TO
MUNICIPAL ECO-CHALLENGE FUND (5.7)
That the Report titled, “Grant Application to the Municipal Eco-Challenge Fund”, be received; and,
That Council support the grant application being made to the Ontario Ministry of Energy and Infrastructure’s Municipal Eco-Challenge Fund (MECF) by the Markham Energy Conservation Office for the purpose of obtaining funding support to conduct energy audits at: Thornhill Community Centre, Angus Glen Community Centre, Markham Village Arena and Mt. Joy Community Centre; and further,
That Staff be authorized and directed to do all things necessary to give effect to this resolution.
CARRIED
6(b) REPORT NO. 46 - GENERAL COMMITTEE
(September 29, 2008)
Moved by Councillor D. Horchik
Seconded by Regional Councillor J. Jones
That Report No. 46 - General Committee comprised of 1 item be received and adopted.
(1) RICHMOND
HILL/LANGSTAFF GATEWAY
YONGE SUBWAY ALIGNMENT (10.0)
That the September 29, 2008
presentation by Mary-Frances Turner, Vice President of VIVA, Mr. T.
Middlebrook, McCormick Rankin and Mr. A. Brown. Director, Engineering regarding
the Yonge Subway alignment and station locations be received; and,
That the September 29, 2008
memorandum to General Committee by the Commissioner of Development Services
regarding "Richmond Hill/Langstaff Gateway - Yonge Subway Alignment,"
be received; and,
That the
Langstaff/Longbridge Subway station and the Langstaff Gateway Project Design
Principles, dated September 17, 2008, and attached as Appendix "A",
be endorsed; and,
That the Town of Markham
endorse the Option 'C' area (Highway 7 to Hightech Road) as the preferred
location for the integration of the Yonge Subway terminus, VIVA, Highway 407
transitway and GO Transit stations; and,
That the Region of York be
requested to work with the various stakeholders to finalize the Option 'C'
mobility hub requirements and station locations in accordance with Markham's
September 17, 2008 principles; and further,
That staff report back as to
pedestrian mobility options for the Langstaff area.
CARRIED
6(c) REPORT NO. 47 - GENERAL COMMITTEE (October 6, 2008)
Moved by Councillor J. Virgilio
Seconded by Councillor C. Moretti
That Report No. 47 - General Committee comprised of 6 items be received and adopted, except Items 4 and 6. (See resolutions below for Items 4 and 6).
(1) MUSEUM COLLECTIONS BUILDING (6.7)
That the presentation by Mr. P. Burke and Mr.
D. Ecclestone,
Architect, The Ventin Group, relating to the design of the
proposed Museum Collections Building be received; and
That the deputation by John Buie, Chair, Markham Museum Board,
regarding the museum collection building be received; and,
That staff hold a public information meeting
in October 2008; and,
That a Working Group comprising of Councillor
C. Moretti, Councillor V. Burke and Councillor J. Webster, the Museum Board and
staff be formed to finalize the design of the landscaping, north parking lot
and Sundial; and,
That staff report back with recommendations
to Development Services Committee on October 28, 2008 or to General Committee
on November 3, 2008 with the results of the public information meeting and the
recommendations of the Working Group on the design of the landscaping, north
parking lot and Sundial; and further,
That staff be authorized and directed to do
all things necessary to give effect to this resolution.
CARRIED
(2) MINUTES
OF THE SEPTEMBER 8, 2008
VARLEY MCKAY ART FOUNDATION OF
MARKHAM (16.0)
That the minutes
of the September 8, 2008 Varley McKay Art Foundation of Markham be received;
and,
That Council agree to the
amendment of paragraph 4(c) of the Memorandum of Understanding between the
Board of the Varley McKay Art Foundation of Markham and the Town of Markham, as
proposed; and,
That the following resolution from the September 8,
2008 Varley McKay Art Foundation of Markham be adopted:
“That the Board of the Varley McKay Art Foundation of Markham agrees to
a variance of paragraph 4(c) of the Memorandum of Understanding between the
Town of Markham and the Foundation, dated March 27, 2006, whereby the number of
Board members from the community at large is temporarily increased from 16 to
17 members until the next Annual General Meeting; and,
That Mr. Edward Mariani, a member of the Unionville Business
Improvement Area, be nominated by the Varley McKay Art Foundation to be
appointed to the Board by Markham Council, to fill the temporary vacancy;” and further,
That staff be authorized and directed to do
all things necessary to give effect to this resolution.
CARRIED
(3) APPOINTMENTS
TO
ADVISORY COMMITTEE AND BOARDS
(16.24)
That the following persons be appointed to the Information Markham Board for the term ending June 30, 2009:
Keno Chan, (1st Vice President)
Lucas Chang
Nadine Daley
Jacques DeMontigny
Trevor Dumont
Mary Grande. (President)
Janice Ho, (2nd V.P.)
Annie Leung
Salim Manji
Chait Panday, (Treasurer); and,
That the resignation of Ms. Lisa Wilson from the Markham Environmental Advisory Committee be accepted with regret and a letter of appreciation be forwarded; and,
That the term of the following members of the Leash Free Markham Committee be extended from November 30, 2008 to November 30, 2010:
Robert Bowman
Alan Glushko
Robert Goddard
CARRIED
(4) AWARD
OF TENDER 189-T-08
MICROSOFT LICENCING AGREEMENT
(7.12)
Moved by Councillor J. Virgilio
Seconded by Councillor C. Moretti
That the report entitled “Award of Contract # 189-T-08, Microsoft Licencing Agreement” be received; and,
That tender 189-T-08 for “Microsoft Licensing Agreement” be awarded to the overall lowest priced bidder, Dell Canada Inc., in the total amount of $610,687.71 inclusive of PST, for “Microsoft Licensing Agreement” for a term of three years to expire on June 30, 2011; and
That the following annual payments, inclusive of PST towards Enterprise Agreement and Select Agreement be funded from ITS Department’s Operating Account 400-404-5397;
· $202,568.84 (Year 2008)
· $202,568.84 (Year 2009)
· $205,550.03 (Year 2010)
That the Fixed Discount
Rate of Estimated Retail Pricing less 33%, as submitted,
be accepted from the overall lowest priced bidder, Dell Canada Inc. and
applied to the acquisition of future new Microsoft application and Server
products for a term of 3 years to expire on June 30, 2011;
and,
That staff be authorized to enter into a 3-year Enterprise Agreement and Select Agreement with Microsoft Canada and Dell Canada Inc. in a form satisfactory to the Town Solicitor for the provision of the licensing of Microsoft desktop and server products at discounted rates; and,
That the Mayor and the Town Clerk be authorized to execute the
agreement; and further,
That Staff be authorized and directed to do all things necessary to give effect to this resolution.
CARRIED
(Mayor F. Scarpitti abstained)
__________________________________
Mayor F. Scarpitti declared a conflict of interest and vacated the Chair during the consideration of the Microsoft Licencing Agreement. Deputy Mayor J. Heath assumed the Chair.
___________________________________
(5) JOINT
PORTAL INITIATIVE - RFP 077-R-07 (12.0)
That the report entitled “Joint Portal Initiative, RFP 077-R-07” be received; and,
That
the contract for Hardware, Software and Support Services, with the exclusion of
Professional Services, for the Joint Portal, as per Part A, be awarded to the
highest ranked and lowest priced bidder –
That Staff be authorized to issue separate Request For Proposals (RFP) and/or negotiate with the successful vendor from Part A for Professional Services to implement portal applications for the Town of Markham and the Region of York;
That Staff be allowed to further investigate vendor-hosting options; and,
That an initial 50% - 50% cost sharing arrangement between the Town of Markham and York Region for the Hardware, Software and Support Services for the Joint Portal be approved; and,
That Markham’s contributions for this project in the amount $792,307 be funded from 2008 approved capital budget “Portal Implementation” - account # 49-5350-8659-005; and,
That
the release of a Purchase Order to
That Staff be authorized and directed to do all things necessary to give effect to this resolution.
CARRIED
(6) AWARD
OF RFP # 172-R-08
ENGINEERING SERVICES RELATED
TO BULLOCK DRIVE WIDENING
(10.5)
Moved by Councillor J. Virgilio
Seconded by Councillor C. Moretti
That the report
entitled “Engineering Services related to
Bullock Drive widening at the
intersection with McCowan Road” be received; and,
That staff be authorized to retain the
highest ranked and second lowest priced bidder Morrison Hershfield Limited for
detailed design and preparation of tender documents for an upset fee limit
of $95,789.00 inclusive of disbursements
and exclusive of GST; and
That a contingency amount of $10,000 exclusive of GST be established to cover any additional design 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 staff be authorized to retain the highest ranked and second lowest
priced bidder Morrison Hershfield Limited for contract administration and
construction inspection services for an upset fee limit of $56,300 inclusive of disbursements and
exclusive of GST subject to satisfactory
completion of the detailed design phase of the project as described in the RFP
document; and,
That a contingency amount of $8,000 exclusive of GST be established to cover any additional contract administration services 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 award be funded from the available budget of $245,000.00 in 2007 Capital Budget account 058-5350-7613-005, Bullock Widening Construction Contract; and,
That $74,911.00 of the remaining balance in account 058-5350-7613-005 be used for relocations of existing utilities due to the construction; and,
That the tendering process for the relocation of existing utilities including 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 various utilities companies for the relocation of their existing services up to a total value of $74,911.00 exclusive of GST to be funded from 2007 Capital Budget account 058-5350-7613-005; and,
That the award and the purchase order release of RFP# 172-R-08 Engineering Services related to Bullock Drive widening at the intersection with McCowan Road be subject to finalization of Memorandum of Understanding (MOU) between Town and GO Transit; and,
That staff also consider improvements to the
intersection at Bullock Drive and McCowan Road and further west on Bullock
Drive up to and including Markville Road; and further,
That Staff be authorized and directed to do all things necessary to give effect to this resolution.
CARRIED
6(d) REPORT
NO. 48 - DEVELOPMENT SERVICES COMMITTEE (September 23, 2008)
Moved by Councillor E. Shapero
Seconded by Councillor A. Chiu
That Report No. 48 - Development Services Committee comprised of 1 item
be received and adopted.
(1) HIGHWAY 7 TRANSITWAY
4 TO 6 LANES UPDATE (5.10)
That
the presentation by Mr. David Clark, Chief Architect Infrastructure and
Development, Viva regarding Highway 7 Transitway 4 to 6 Lanes Update be
received; and,
That
the Region of York be requested to incorporate segregated bicycle lanes within
the right-of-way from the property line to the curb; and,
That
staff report back to the Development Services Committee by December 2008
regarding options and implications of the 4 lane verses 6 lane widening along
the Highway 7 Transitway; and further,
That
staff report back as to sidewalk options for Highway 7.
CARRIED
6(e) REPORT NO. 49 - DEVELOPMENT SERVICES
COMMITTEE (October 7, 2008)
Moved by Councillor J. Webster
Seconded by Councillor D. Horchik
That Report No. 49 - Development Services Committee comprised of 3 items be received and adopted, except for Item 1. (See resolution below for Item 1)
(1) PRELIMINARY
REPORT
GEMCROSS DEVELOPMENTS
(CONSTRADA AGGREGATE RECYCLING
FACILITY)
350 YORKTECH DRIVE
APPLICATION FOR ZONING BY-LAW
AMENDMENT TO PERMIT
THE EXISTING AGGREGATE
RECYCLING FACILITY
ON A PERMANENT BASIS, ZA-08-119862
(10.5)
That the staff report dated October 7, 2008
regarding an application by Gemcross Developments (Constrada) for zoning by-law
amendment to permit the existing aggregate recycling facility at 350 Rodick
Road on a permanent basis, be received; and,
That the
deputation on October 14, 2008 from Ms. Lynda Townsend, representing Gemcross
Developments, indicating her client intended to withdraw the application to
permit the existing aggregate recycling facility at 350 Yorktech Drive to
operate on a permanent basis and to instead submit a Temporary Use By-law Application,
be received; and
That, upon
submission of a complete Temporary Use By-law Application, a Public Meeting be
scheduled to consider the application submitted by Gemcross Developments (Constrada
Aggregates Inc.) for a Temporary Use By-law Application to permit the existing
aggregate recycling facility at 350 Yorktech Drive to continue to operate on a
temporary basis; and,
That
notice of the Public Meeting be issued in accordance with the Markham Centre
notice criteria; 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 D. Horchik
Seconded by Regional Councillor J. Jones
That Report No. 49, Item (1), be amended as
follows:
- Add the following paragraph:
"That the deputation on October 14,
2008 from Ms. Lynda Townsend, representing Gemcross Developments, indicating
her client intended to withdraw the application to permit the existing
aggregate recycling facility at 350 Yorktech Drive to operate on a permanent
basis and to instead submit a Temporary Use By-law Application, be received;"
- Amend Paragraph 3 to reflect the intention of the applicant to revise the application to operate on a temporary basis.
- Delete the following paragraph:
"That the applicant be requested to
cease operation immediately pending processing of the development applications;"
CARRIED
(2) RECOMMENDATION REPORT
YONGE STEELES CORRIDOR STUDY,
DRAFT FINAL REPORT JULY 31,
2008
FILE MI 514 (10.0)
That
the report entitled “Recommendation Report:
Yonge Steeles Corridor Study, Draft Final Report July 31, 2008, File MI
514” be received; and.
Subject
to input received at the Statutory Public Meeting, that the draft final report
prepared by DuToit Allsop Hillier, entitled “Town of Markham Yonge + Steeles
Corridor Study, Draft Final Report July 31, 2008” (under separate cover) be
endorsed as the basis for Town-initiated amendments to the Markham Official
Plan and the Thornhill Secondary Plan; and,
That a public meeting be scheduled to consider Town-initiated amendments to the Markham Official Plan and the Thornhill Secondary Plan (PD 3-1) to implement the recommendations of the Yonge Steeles Corridor Study; and,
That staff report back to Development Services Committee with a draft Official Plan Amendment, to implement the Yonge Steeles Corridor Study; and further,
And that Staff be authorized and directed to do all things necessary to give effect to this resolution.
CARRIED
(3) RECOMMENDATION REPORT
APPLICATIONS BY 1691126
ONTARIO INC. FOR
OFFICIAL PLAN AND ZONING
BY-LAW AMENDMENTS
TO PERMIT HIGH DENSITY
RESIDENTIAL, RETAIL AND
OFFICE COMMERCIAL USES AT
7171 & 7161 YONGE STREET,
NORTHEAST CORNER OF
YONGE STREET AND MEADOWVIEW
AVENUE, THORNHILL
FILE NOS. OP 06 127138 &
ZA 06 127273 (10.3 and 10.5)
That the staff report entitled “RECOMMENDATION REPORT, Applications by 1691126 Ontario Inc. for Official Plan and Zoning By-law Amendments to permit high density residential, retail and office commercial uses at 7171 & 7161 Yonge Street, northeast corner of Yonge Street and Meadowview Avenue, Thornhill, File Nos. OP 06 127138 & ZA 06 127273”, be received; and,
That
the applications be approved following:
a) Revisions
to the Official Plan and Zoning By-law Amendment applications and accompanying
development concept plan which will incorporate:
o
Building heights;
o
Development
density to a maximum total density of 3.5 FSI and a maximum residential density
of 2.5 FSI;
o
Both of the above
to the satisfaction of Council.
b) Submission of:
§
A Development
Phasing Plan, to the satisfaction of the Director of
§ A Travel Demand Management (TDM) Plan, to the satisfaction of the Director of Engineering, outlining how the Town’s TDM objectives will be met;
§ Revisions to the Transportation Study, as discussed in this report, to the satisfaction of the Director of Engineering in consultation with the Region of York;
§ Revisions to the Municipal Servicing Study, as discussed in this report, to the satisfaction of the Director of Engineering in consultation with the Region of York;
§ Suitable financial arrangements for infrastructure improvements to support the proposed development; and,
That staff report back to Development Services Committee with an Implementation Report, including draft implementing Official Plan and Zoning By-law Amendments, when the applicant has revised the proposal and submitted the revised reports, as set out above; and,
That the implementing Zoning By-law Amendment contain holding provisions, establishing interim development limits, in accordance with the approved Transportation Study, TDM Plan, Municipal Servicing Study, financial arrangements for infrastructure improvements, Development Phasing Plan, and the anticipated availability of Regional Servicing Allocation for the residential component of the application; and,
That
staff continue to work with the applicant to determine the amount of parkland
dedication and/or cash-in-lieu of parkland for this project, and the potential
for contribution to community facilities pursuant to the Section 37 Bonusing
provisions of the
That
the deputation from Ms.
That staff be authorized and directed to do all things necessary to give effect to this resolution.
CARRIED
6(f) REPORT
NO. 50 - DEVELOPMENT SERVICES PUBLIC MEETING (October 7, 2008)
Moved by Councillor J. Webster
Seconded by Regional Councillor G. Landon
That Report No. 50 - Development Services Public Meeting comprised of 1
item be received and adopted.
(1) AGS CONSULTANTS LIMITED
APPLICATION FOR
ZONING BY-LAW AMENDMENT
TO PERMIT THE TEMPORARY
OPERATION OF A
TREE SERVICE BUSINESS AND THE
OUTDOOR STORAGE
OF NEW VEHICLES AT 175
LANGSTAFF ROAD EAST
(ZA 07 130668) (10.5)
That the report from the
Development Services Commission dated June 10, 2008, entitled “Preliminary
Report, AGS Consultants Limited, Application for Zoning By-law Amendment to
permit the temporary operation of a tree service business and the outdoor
storage of new vehicles at 175 Langstaff Road East, ZA 07 130668” be received;
and,
That the Record of the Public Meeting held on October
7, 2008, with respect to the rezoning application submitted by AGS Consultant
Limited to amend By-law 2551, as amended, be received; and,
That the application by AGS Consultants Limited to
amend By-law 2551, as amended, be approved subject to the following conditions:
a.
That the applicant amend the Letter of Credit filed
with respect to the previous Minutes of Settlement to include 175 Langstaff
Road East;
b.
That the applicant covenants and agrees not to apply
for an extension of the Temporary Use By-law unless:
i.
An Official Plan Amendment for the redevelopment of
the Langstaff area lying east of the CNR right-of-way has not been
approved; or,
ii.
An application for water and sewer capacity has been
made by the applicant and an allocation has not been granted for either water
and/or sewer services for the subject lands by the appropriate authority.
c.
Except as permitted by any extensions granted pursuant
to section 3 (b) above, the applicant shall covenant and agree to discontinue
their existing uses within sixty (60) days of the later of the termination
of the three (3) year period granted
under the Temporary Use By-laws or any extension thereof.
d.
Provided that if the applicant fails to discontinue
the existing uses as required by section 3 (c) above, or applies for an
extension of the Temporary Use By-law except on the terms and circumstances set
out in section 3 (b) above, the Town may, without further recourse or notice,
cash the Letters of Credit set out in section 3 (a) above, as liquidated
damages, and not as penalty.
e.
The applicant covenants and agrees to undertake such
improvements to the property as are required by the Town’s Director of Planning
and Urban Design to ensure compatibility of uses, appropriate streetscape and
maintenance of the lands in an environmentally benign state. The applicant covenants and agrees that there
shall be no major construction or investment by the applicant, so that the
applicant will not suffer any undue hardship when required to restore the
properties to uses that comply with the zoning by-law, upon expiry of the
temporary use by-laws;
f.
The applicant acknowledges and agrees that no
additional uses other than those applied for in this application (File No. ZA
07 130668) shall be permitted nor are any of the buildings erected on the
subject lands to be used for any uses other than the present uses unless
approved by Council or the OMB; and further,
That the proposed amendment to By-law 2551, as
amended, be enacted.
CARRIED
7. MOTIONS
There were no motions.
8. NOTICE OF MOTIONS
There were no notices of motions.
9. COMMUNICATIONS
Communication No. 78-2008 - Council consented to amend the date for the Poppy Campaign from "October 31 - November 11, 2008" to "October 21 - November 11, 2008".
Moved by Councillor A. Chiu
Seconded by Councillor C. Moretti
That Council
receive and consent to the disposition of communications in the following
manner:
Referred to all Members of
Council
77-2008 Markham District
Veterans Association - Forwarding a request to hold their annual Remembrance
Day Parade and Ceremony on November 8, 2008 between the hours of 10:30 a.m. and
11:30 a.m. and to hold their Poppy Campaign from October 21 to November 11, 2008.
(3.5.6)
78-2008 Liquor Licence
Application - Forwarding a request to complete the Alcohol and Gaming
Commission Municipal Information Form for Swiss Chalet Rotisserie and Grill,
725 Markland Street, Building B1 (Indoor licence for new premises) (3.21).
CARRIED
10. PROCLAMATIONS
(1) PROCLAMATIONS (3.4)
Moved by Councillor E. Shapero
Seconded by Councillor C. Moretti
That the
following be proclaimed in the Town of Markham:
- Local Government Week (October 19 to 25, 2008)
- Ontario Public Library Week (October 19 to 25, 2008)
- Restorative
Justice Week (November 16 to 23, 2008)
- Child Care
Worker & Early Childhood Educator Appreciation Day (October 22, 2008); and,
That the Corporate Communications Department be requested to publish the above proclamations in the local newspapers; and,
That the proclamation of October 14, 2008 as
"German Pioneers Day" in the Town of Markham be confirmed.
CARRIED AS AMENDED
(See following motion to amend)
Moved by Councillor E. Shapero
Seconded by Councillor C. Moretti
That Council consent to the addition of the proclamation of "Child Care Worker and Early Childhood Educator Appreciation Day".
CARRIED
11. NEW/OTHER BUSINESS
There were no new/other businesses.
12. BY-LAWS
Moved by Councillor D. Horchik
Seconded by Councillor A. Chiu
That By-laws 2008-216
to 2008-222 be given three readings and enacted.
Three Readings
BY-LAW 2008-216 A by-law to amend By-law 2002-311, a by-law to appoint Deputy Clerks for the Corporation of the Town of Markham (Appointment of Kitty Bavington).
BY-LAW 2008-217 A by-law to dedicate certain lands as part of the highways of the Town of Markham (Block 106, Plan 65M-3731 - Monkhouse Road).
BY-LAW 2008-218 A by-law to amend Zoning By-law 177-96, as amended (Laurier Homes, 85 Ralph Chalmers Avenue, southeast corner of Major Mackenzie Drive and Ralph Chalmers Avenue - To remove (H) Hold provision to permit the development of a single-detached dwelling).
BY-LAW 2008-219 A by-law to amend By-law 230-92, being a by-law to appoint Town Valuers under the Livestock, Poultry and Honey Bee Act (To appoint Municipal Law Enforcement Officers as Valuers).
BY-LAW 2008-220 A by-law to amend Municipal Law Enforcement Officers Appointment By-law 2002-178 and Parking By-law 2005-188 (To update the list for officers and tagging locations).
BY-LAW 2008-221 A by-law to stop up and close William Street on Plan 71, legally
described as William Street, Plan 71, Designated as Part 7, Plan 65R-24474 and
Part 5, Plan 65R-31190 (St. Vladimir's Ukrainian Catholic Church land exchange
options).
(In-camera Item 2 - June 24, 2008)
BY-LAW 2008-222 A by-law dedicate certain lands as part of the highways of the Town of Markham (Block 385, Plan 65M-3759, designated as Parts 4, 5 and 6, Plan 65R-31173 - Lane DD; Block 386, Plan 65M-3759, designated as Parts 1, 2 and 3, Plan 65R-31173 - Country Glen Road; Block 389, Plan 65M-3759, designated as Parts 7 and 8, Plan 65R-31173 - Pike Lane; Block 390, Plan 65M-3759, designated as Part 9, Plan 65R-31173 - Bur Oak Avenue).
CARRIED
13. IN-CAMERA ITEMS
Moved by Councillor J. Virgilio
Seconded by Councillor C. Moretti
That, in accordance with Section 239 of the Municipal Act, Council resolve into an in-camera session to discuss the following matters (8:22 p.m.):
(1) CONFIDENTIAL LEGAL MATTER REGARDING
CIVIC CENTRE CONNECTION TO
MARKHAM DISTRICT ENERGY (12.4)
(2) 095-T-08 SUPPLY AND OPERATION OF
TANDEM/SINGLE AXLE
COMBINATION PLOW (7.12)
CARRIED
Moved by Regional Councillor J. Jones
Seconded by Regional Councillor T. Wong
That Council rise and the Chair report the following from in-camera session (8:32 p.m.):
REPORT
OF GENERAL COMMITTEE - October 6, 2008
(1) CONFIDENTIAL
LEGAL MATTER REGARDING
CIVIC CENTRE CONNECTION TO
MARKHAM DISTRICT ENERGY (12.4)
Moved by Regional Councillor J. Jones
Seconded by Regional Councillor T. Wong
That the confidential report titled “Civic Centre Connection to Markham District Energy” dated August 7, 2008 be received; and,
That the connection of the Civic Centre to Markham District Energy Inc. (MDEI) heating and cooling system be approved; and,
That the Mayor and the Clerk be authorized to enter into a 20-year contract with MDEI to provide Thermal Energy Services to the Civic Centre; and,
That the Mayor and the Clerk be authorized to execute the necessary documentation to give effect to the forgoing, said documentation to be in a form and content satisfactory to the Chief Administrative Officer and the Town Solicitor; and,
That the director of Asset Management be authorized to initiate the physical connection work by MDEI in 2008 and prior to the signing of the above contract; and further,
That staff be authorized and directed to do all things necessary to give effect to this resolution.
CARRIED
STAFF
REPORT
(2) 095-T-08
SUPPLY AND OPERATION OF
TANDEM/SINGLE AXLE
COMBINATION PLOW (7.12)
Moved by Regional Councillor G. Landon
Seconded by Councillor D. Horchik
That
the award of tender 095-T-08 be amended to include a second coordinator at an
annual cost of $72,625; and
That
the contract award 095-T-08 to D. Crupi & Sons be amended as follows:
|
$456,465 |
November to December 2008 |
|
$1,521,550 |
2009-Subject to Council approval of
operating budget |
|
$1,521,550 |
2010-Subject to Council approval of
operating budget |
|
$1,521,550 |
2011-Subject to Council approval of
operating budget |
|
$1,521,550 |
2012-Subject to Council approval of
operating budget |
|
$1,521,550 |
2013-Subject to Council approval of
operating budget |
|
$1,521,550 |
2014-Subject to Council approval of
operating budget |
|
$1,065,085 |
2015-January 1 to March 31 -Subject to
Council approval of operating budget |
|
$10,650,850 |
Total |
; and,
That
the revised 2008 operating shortfall of $340,500 be included in the Town’s year
end operating projection; and further,
That the 2009 operating budget in account 700 504 5316 be increased by $72,625 excluding GST to reflect the cost of the one additional Tandem Axle Coordinator.
CARRIED
14. CONFIRMATORY BY-LAW
Moved by Councillor A. Chiu
Seconded by Councillor E. Shapero
That By-law
2008-223 be given three readings and enacted.
Three Readings
BY-LAW 2008-223 A by-law to confirm the proceedings of the Council meeting of
October 14, 2008.
(Council Meeting No. 14, 2008)
CARRIED
15. ADJOURNMENT
Seconded by Deputy Mayor J. Heath
That the meeting do adjourn.
CARRIED
Council adjourned at 8:33 p.m.
__________________________________ ________________________________
KIMBERLEY KITTERINGHAM FRANK SCARPITTI
TOWN CLERK MAYOR
(Signed)