February
10, 2009
COUNCIL MINUTES Council Chamber, Civic Centre
Meeting No. 2
ROLL
CALL
Mayor F. Scarpitti, Deputy Mayor J. Heath, Regional Councillor J. Jones, Regional Councillor G. Landon, Councillor V. Burke, Councillor E. Shapero, Councillor J. Virgilio, Councillor J. Webster, Councillor D. Horchik, Councillor L. Kanapathi, Councillor A. Chiu.
REGRETS
Regional Councillor T. Wong, Councillor C. Moretti.
The Regular
Meeting of Council was held on February 10, 2009 at 7:00 p.m. in
STAFF
J. Livey, Chief Administrative Officer
J. Baird, Commissioner of Development Services
A. Taylor, Commissioner of Corporate Services
B. Librecz, Commissioner of Community & Fire Services
J. Carnegie, Director of Communications and Community Relations
C. Conrad, Town Solicitor
B. Cribbett, Treasurer
K. Kitteringham, Town Clerk
A. Brouwer, Deputy Town
Clerk
D. Flaherty, Manager of Communications
J. Wong, Technology Support
Specialist
J. Lustig, Director, Financial and Client Services
A. Tang, Manager, Financial Planning
C. Service, Manager, Planning and Policy Development
1. DISCLOSURE OF PECUNIARY INTEREST
(1) Councillor V. Burke disclosed a pecuniary interest with respect to Item 1, Report No. 8, regarding the application for Bombini Holdings Ltd., 16 Harlech Court, as her family owned a business located in the vicinity, and did not take part in the consideration or discussion of or vote on the question of the approval of such matter.
2. MINUTES
(1) COUNCIL MINUTES - JANUARY 20, 2009
Moved by Councillor A. Chiu
Seconded by Councillor L. Kanapathi
That the Minutes of the Council Meeting held on January 20, 2009, be adopted.
CARRIED
3. PRESENTATIONS
(1) RECOGNITION
OF MENAKA RAMAN-WILMS
- FUND RAISING FOR "FREE
THE CHILDREN" (12.2.6)
Council recognized Menaka Raman-Wilms for her outstanding effort in hosting the Annual Heartbeats Around the World Charity Christmas Concert benefiting "Free the Children". In the last four years, Heartbeats Around the World has raised over $4,400 and the funds have gone toward building primary schools in developing countries.
(2) 2ND UNIONVILLE SCOUTS (12.2.6)
Council welcomed the 2nd Unionville Scouts and their leader to the Council meeting.
(3) 2008
GOVERNMENT FINANCE OFFICERS’
ASSOCIATION OF NORTH AMERICA'S
DISTINGUISHED BUDGET
PRESENTATION AWARD (12.2.6)
Council
was presented with the Government Finance Officers’ Association of North
America's Distinguished Budget Presentation Award, for the eighth consecutive
year. This award recognizes exemplary
budget documentation in the public sector and represents a significant
achievement by the Town of Markham and reflects the commitment of Council and
staff to meeting the highest principals of governmental budgeting.
In
addition to receiving the budget award, the Town of Markham received the
Special Performance Measures Recognition as well. Out of 1,100 participants, there were only 22
recipients of this special recognition
(4) 2008
GOVERNMENT FINANCE OFFICERS’
ASSOCIATION OF NORTH AMERICA (GFOA)
CANADIAN AWARD FOR FINANCIAL
REPORTING (12.2.6)
Council
was presented with the Government Finance Officers’ Association of North
America (GFOA) Canadian Award for Financial Reporting to the Town of Markham,
for the seventh consecutive year. This
award provides recognition for excellence in governmental accounting &
financial reporting and represents a significant accomplishment by a municipal
government and its management.
4. DELEGATIONS
(1) Wes Rowe, Unionville Ratepayers Association, addressed Council regarding In-camera Item 5, Official Plan and Zoning By-law Amendment for 161 Main Street Unionville and spoke in support of the Town’s current By-law provisions for Main Street Unionville. (10.3 & 10.5)
(2) Jeff Guiler addressed Council regarding In-camera Item 5, Official Plan and Zoning By-law Amendment for 161 Main Street Unionville and spoke in support of the Town’s current By-law provisions for Main Street Unionville. (10.3 & 10.5)
(3) Christl Reeh, Unionville Villager's Association, addressed Council regarding In-camera Item 5, Official Plan and Zoning By-law Amendment for 161 Main Street Unionville and spoke in support of the Town’s current By-law provisions for Main Street Unionville. (10.3 & 10.5)
(4) Jeanne Ker-Hornell, President of Unionville Villager's Association, addressed Council regarding In-camera Item 5, Official Plan and Zoning By-law Amendment for 161 Main Street Unionville and spoke in support of the Town’s current By-law provisions for Main Street Unionville. (10.3 & 10.5)
(5) Tracy MacKinnon,
Unionville BIA, addressed Council regarding In-camera
Item 5, Official Plan and Zoning By-law Amendment for 161 Main Street
Unionville and spoke in support of the Town’s current By-law provisions for
Main Street Unionville. (10.3 &
10.5)
(6) Sylvia Morris addressed
Council regarding In-camera Item 5, Official Plan and Zoning By-law Amendment
for 161 Main Street Unionville and spoke in support of the Town’s current
By-law provisions for Main Street Unionville.
(10.3 & 10.5)
(7) Ann Laxton addressed Council regarding In-camera Item 5, Official Plan and Zoning By-law Amendment for 161 Main Street Unionville and spoke in support of the Town’s current By-law provisions for Main Street Unionville. (10.3 & 10.5)
(8) Peter Wales, Unionville Villager's Association, addressed Council regarding In-camera Item 5, Official Plan and Zoning By-law Amendment for 161 Main Street Unionville and spoke in support of the Town’s current By-law provisions for Main Street Unionville. (10.3 & 10.5)
(9) Marion Matthias addressed Council regarding the Town of Markham 2009 Budget and inquired of the funding towards the flowers for Heintzman House. (Item No. 1, Report No. 9) (7.4)
_______________________________________
Moved by Councillor J. Virgilio
Seconded by Regional Councillor G. Landon
That, in
accordance with [Section 239 (2) (e)] of the Municipal
Act, Council resolve into an in-camera session to consider the
Official Plan and Zoning By-law Amendment for 161 Main Street Unionville (7:45
p.m.). CARRIED
_______________________________________
________________________________________
Moved by Regional Councillor
G. Landon
Seconded by Deputy Mayor J.
Heath
That Council rise from the
in-camera session and re-convene regular session (8:11 p.m.)
CARRIED
________________________________________
Moved by Regional Councillor
G. Landon
Seconded by Deputy Mayor J.
Heath
That Council consider In-camera Item No. 5 regarding Official Plan and Zoning By-law Amendment for 161 Main Street Unionville, immediately following the motion to re-convene regular session of Council (8:11 p.m.).
(See In-camera Item No. 5)
CARRIED
________________________________________
5. PETITIONS
There were not petitions
6(a) REPORT NO. 4 - GENERAL COMMITTEE (January 19, 2009)
Moved by Councillor J. Virgilio
Seconded by Councillor L. Kanapathi
That Report
No. 4 - General Committee comprised of 1 item be received and adopted.
(1) EAST MARKHAM COMMUNITY
CENTRE & LIBRARY PROJECT (6.6)
1) That the presentation
by D. Arthurs, OAA, Partner, and D. Balmer,
Associate, Shore Tilbe Irwin & Partners, entitled
“East Markham Community Centre & Library Project” be received; and
2) That Council authorizes
staff to proceed with detailed design phase of the project; and
3) That Council authorize
the establishment of a sub-committee consisting of Councillor Moretti (Chair),
Deputy Mayor Heath, Regional Councillor Landon, Councillor Webster and Mayor
Scarpitti (ex-officio) and staff to review and advise on detailed design issues
such as construction material and colour selection for the East Markham
Community Centre and Library Project; and further,
4) That Council directs
staff to hold a public information meeting on Thursday February 26, 2009.
CARRIED
6(b) REPORT NO. 5 - GENERAL COMMITTEE (January 26, 2009)
Moved by Councillor J. Virgilio
Seconded by Councillor E. Shapero
That Report No. 5 - General Committee comprised of 3 items be received and adopted.
(1) APPOINTMENTS, RESIGNATIONS
- ADVISORY COMMITTEES (16.24)
1) That
the resignation of Mr. Bill Broger from the Advisory
Committee on Accessibility be received with regret and letter of appreciation
be forwarded to Mr. Broger; and,
2) That
the vacancy be advertised in the normal manner.
CARRIED
(2) THORNLEA POOL (6.0)
1) That the presentation regarding the Thornlea Pool be received; and
2) That the report entitled “Thornlea Pool” be received; and
3) That Council support taking over maintenance and operations of Thornlea Pool Facility conditional upon further negotiations with York Region District School Board (YRDSB); and
4) That Staff be directed to undertake negotiations with YRDSB in taking over maintenance and operations of Thornlea Pool Facility such that YRDSB are a major rental tenant of the facility contributing revenue equal to or greater than current financial contribution to the facility and that a Capital Surcharge be negotiated for YRDSB to pay a lump sum now and annually to offset assumed capital costs to the facility; and
5) That Staff report back results of negotiations prior to any formal agreement being made; and further,
6) That staff be directed to do all things necessary to give effect to this resolution.
CARRIED
(3) AMENDMENT TO FIRE BY-LAW 111-98 (7.15)
1) That the report titled Amendments to By-Law 111-98 as Amended by By-Law 2002-181 be received; and,
2) That By-law 111-98, as amended be further amended so as to invoice the full amount of the fees for services provided by the Fire and Emergency Services Department to the “at fault vehicle owner” only; and,
3) That By-law 111-98, as amended, be further amended substantially in the form attached here to as Schedule “A”; and further,
4) That Staff be authorized and directed to do all things necessary to give effect to this resolution.
(By-law 2009-9)
CARRIED
6(c) REPORT NO. 6 - DEVELOPMENT SERVICES PUBLIC MEETING
(January 13, 2009)
Council consented to separate Item No. 2.
Moved by Councillor J. Webster
Seconded by Councillor D. Horchik
That Report No. 6 - Development Services Public Meeting comprised of 2
items be received and adopted, except Item No. 2 (See following resolution for Item No. 2)
(1) AMBER PLAIN INVESTMENT
LTD.
(SU 02 110218 (19TM-02003) AND ZA 08
115916)
16TH AND MCCOWAN
HOLDINGS LTD.
(SU 02 115896 (19TM-02011) AND
ZA 08 122207)
MATTAMY (ROBINSON CREEK) LTD.
(SU 03 113679 (19TM-03008) AND
ZA 08 120322)
WISMER MARKHAM DEV. INC.
(SU 02 113757 (19TM-02008) AND
ZA 08 121722)
WISMER COMMONS COMMUNITY
APPLICATIONS FOR DRAFT
PLAN OF SUBDIVISION APPROVALS
AND
IMPLEMENTING ZONING BY-LAW
AMENDMENTS (10.7, 10.5)
1) That the Development Services Commission
report dated November 4, 2008, entitled “PRELIMINARY REPORT - Amber Plain Investment
Ltd. SU 02 110218 (19TM-02003) and
ZA 08 115916, 16th
and McCowan Holdings Ltd. SU 02 115896 (19TM-02011) and ZA 08 122207, Mattamy
(Robinson Creek) Ltd. SU 03 113679 (19TM-03008) and ZA 08 120322, and Wismer
Markham Dev. Inc. SU
02 113757 (19TM-02008) and ZA 08 121722, Wismer Commons Community, Applications
for Draft Plan of Subdivision Approvals and Implementing Zoning By-law
Amendments”, be received; and,
2) That the written submissions be
received; and,
3) That the Record of the Public Meeting
held on January 13, 2009, with respect to the applications by 16th and McCowan Holdings Ltd., for draft plan of
subdivision approvals and implementing zoning by-law amendments, be received;
and,
4) That staff be directed to review and
evaluate the proposal submitted by 16th and McCowan
Holdings Ltd. and report any outstanding issues to the Development Services
Committee; and,
5) That upon completion of the review and evaluation
by staff regarding the proposal submitted by 16th and McCowan Holdings Ltd., and if there are no outstanding
issues, the implementing zoning by-law be enacted without further notice; and
6) That the Record of the Public Meeting
held on January 13, 2009, with respect to the applications by Amber Plain
Investment Ltd., Mattamy (Robinson
Creek) Ltd., Wismer Markham Dev. Inc., and Wismer Commons
Community for draft plan of subdivision approvals and implementing zoning
by-law amendments, be received; and,
7) That staff be directed to review and
evaluate the proposals submitted by Amber Plain Investment Ltd., Mattamy
(Robinson Creek) Ltd., Wismer Markham Dev. Inc.,
and Wismer Commons Community and report any
outstanding issues to the Development Services Committee; and further,
8) That upon completion of the review and
evaluation by staff regarding the proposals submitted by Amber Plain
Investment Ltd., Mattamy (Robinson Creek) Ltd., Wismer
Markham Dev. Inc., and Wismer Commons
Community, and if there are no outstanding issues, the implementing zoning
by-law be enacted without further notice.
CARRIED
(2) 1473092 ONTARIO LIMITED
(METRUS
DEVELOPMENTS)
APPLICATIONS FOR A PROPOSED
PLAN OF SUBDIVISION (PHASE 3
–19TM-01015)
AND IMPLEMENTING ZONING BY-LAW
AMENDMENT
IN THE UPPER CORNELL COMMUNITY
(SU 01-118320 (PHASE
3-19TM-01015) AND ZA 08-123717) (10.7, 10.5)
1) That
the Development Services Commission report dated November 4, 2008, entitled “PRELIMINARY REPORT – 1473092
Ontario Ltd. (Metrus Developments), Applications for
a proposed Plan of Subdivision (Phase 3 – 19TM-01015) and implementing zoning by-law amendments in the Upper
Cornell Community, Files: SU 01 118320 (Phase 3 – 19TM-01015) and ZA 08 123717”,
be received; and,
2) That the Record of the Public Meeting held on January 13, 2009, with respect to the applications by 1473092 Ontario Ltd. (Metrus Developments), for draft plan of subdivision approval and implementing zoning by-law amendments, be received; and,
3) That
staff be directed to review and evaluate the proposals and report any
outstanding issues to the Development Services Committee; and further,
CARRIED
6(d) REPORT NO. 7 - DEVELOPMENT SERVICES COMMITTEE (February 3, 2009)
Moved by Councillor J. Webster
Seconded by Councillor D. Horchik
That Report No. 7 - Development Services Committee comprised of 6 items
be received and adopted.
(1) HERITAGE
WEEK 2009 PROCLAMATION
FEBRUARY 16 TO FEBRUARY
22, 2009 (16.11)
1) That the week of February 16-22, 2009 be proclaimed as Heritage Week in the Town of Markham; and,
2) That Staff be authorized and directed to do all things necessary to give effect to this resolution, including the community outreach measures outlined in the report.
CARRIED
(2) FEDERAL TAX INCENTIVES
FOR HERITAGE PROPERTIES
LANDMARKS NOT LANDFILL CAMPAIGN
- HERITAGE CANADA
(7.3, 16.11)
1) Whereas according to the Heritage Canada Foundation, Canada has lost more than 20% of its pre-1920 heritage buildings to demolition over the past 30 years; and,
2) Whereas the Heritage Canada Foundation has stated that urgent action is needed to stop the demolition of Canadian landmarks, to restore and re-use them, and to acknowledge their value as a reminder of our origins and cultures; and,
3) Whereas heritage buildings are also a valuable economic development resource which supports re-urbanization initiatives and tourism, stimulates adjacent development, increases property values, all while providing environmental benefits by way of reducing landfill, preserving natural resources and promoting sustainability; and,
4) Whereas there are currently no federal financial incentives to encourage private sector investment in the rehabilitation of heritage properties; and,
5) Whereas Heritage Markham, Council’s heritage advisory committee, has requested that the Town of Markham pass a resolution requesting the Federal government to introduce financial incentives which would encourage private sector investment in the rehabilitation of historic properties; and,
6) Be it resolved that the Corporation of the Town of Markham endorse resolutions by the Heritage Canada Foundation and the Federation of Canadian Municipalities that request the Federal Ministers of Finance and the Environment to establish tax incentives which would encourage private sector investment in the rehabilitation of heritage properties; and,
7) That this motion be forwarded to local Members of Parliament and Greater Toronto Area (GTA) municipalities for their support; and,
8) That the Association of Municipalities of Ontario be requested to support the work of the Heritage Canada Foundation and the Federation of Canadian Municipalities regarding the need for federal tax incentives by endorsing a resolution at its Annual Convention; and further,
9) That Staff be authorized and directed to do all things necessary to give effect to this resolution.
CARRIED
(3) MASTER SERVICING PLAN
FOR
GROWTH MANAGEMENT STRATEGY
- CONSULTANT SELECTION RFP
#203-R-08 (7.12.1, 10.0)
1) That the
report entitled “Master Servicing Plan for Growth Management Strategy - Consultant Selection RFP # 203-R-08” be received; and,
2) That the Request for Proposal #203-R-08 be awarded to the highest ranked, highest priced project team led by Genivar Ontario Inc. for an upset limit of $680,918.30 exclusive of GST ($714,964.22 inclusive of 5% GST); and,
3) That a contingency amount of $150,000.00 exclusive of GST ($157,500.00 inclusive of GST) be established to cover any additional costs and that the Director of Engineering be authorized to approve expenditures of this contingency up to the specified limit with the provision that a monthly statement of these expenditures is forwarded to the Town Treasurer; and,
4) That the internal engineering fee in the amount of $120,300.00 be approved and funded through development charges; and,
5) That the award be funded from the approved 2008 Engineering Capital Budgets account 83-5399-8124-005 (Direct Growth Strategy) and account 83-5399-8394-005 (Thornhill Servicing Study) in the amount of $336,000.00 and $224,000.00 respectively for a total of $560,000.00; and,
6) That the additional amount of $391,218.30 (comprising of $120,918.30 consultant cost, $120,300.00 staff salary recovery cost, and $150,000.00 contingencies), exclusive of GST, be increased for the Engineering Department Capital Account 83-5399-8124-005 to cover the additional project cost and be funded from development charges; and,
7) That the Director of Engineering and Manager of Purchasing be authorized to negotiate with Genivar Ontario Inc. to incorporate the process of the Environmental Assessment into the Master Servicing Plan if deemed appropriate by the Director of Engineering from a scheduling and costing perspective; and,
8) That upon payment of all invoices, any remaining funds be returned to the original funding source; and further,
9) That staff be authorized and directed to do all things necessary to give effect to this resolution.
CARRIED
(4) TOWARD A MARKHAM
GROWTH MANAGEMENT STRATEGY:
OPPORTUNITIES TO ACCOMMODATE
GROWTH (10.0)
1) That the report entitled “Toward a Markham Growth Management Strategy: Opportunities to Accommodate Growth”, dated February 3, 2009, be received; and,
2) That the Housing Stock Alternatives, as
described in the report, emphasising intensification within the Town’s Built
Boundary, form the basis for discussion in the proposed public engagement
program and for further review; and,
3) That the review include comparison of practicable
opportunities and means to pursue additional housing intensification and
compact urban form; and,
4) That the
accommodation for future employment growth, described in the report, be
combined with the review of housing stock alternatives; and,
5) That Staff report back to the Development
Services Committee on review and analysis of the housing and employment growth
alternatives and responses received to the alternatives though public
engagement; and,
6) That based on the schedule outlined in the report, including
Appendix ‘A’, staff proceed with a public engagement program regarding
Council’s Growth Management strategic priority identified in Building Markham’s
Future Together, and the preparation of a Town Growth Management Strategy for
Council endorsement by June 2009; and,
7) That based on the schedule outlined in the report and the
anticipated adoption of an amendment to the Regional Official Plan addressing requirements
of the Provincial Growth Plan for York Region, to which the Town must conform,
that the Minister of Energy and Infrastructure be requested to extend the time
frame by the current one year allowable, for adoption of a corresponding
amendment to the Town Official Plan; and further,
8) That
Staff be authorized and directed to do all things necessary to give effect to
this resolution.
CARRIED
(5) MEDICAL TECHNOLOGY MISSION TO CHINA (10.16)
1) That the report entitled “Medical Technology Mission to China” be received; and,
2) That the Town be represented by the
Manager Special Projects, Economic Development, and Mr. John Livey, Chief
Administrative Officer; and,
3) That the cost of the mission not exceed
$15,000.00 and be expensed from within the pre-approved 2009 “China and India
Investment Attraction Program” Capital Budget; and further,
4) That Staff be authorized and directed to do all things necessary to give effect to this resolution.
CARRIED
(6) SMART COMMUTE 404-7
TRANSPORTATION MANAGEMENT
ASSOCIATION
– MEMORANDUM OF UNDERSTANDING (5.14)
1) That the Mayor and Town Clerk be authorized to execute a
Memorandum of Understanding (MOU) and all other related documents, between the
Town of Markham, Town of Richmond Hill, Markham Board of Trade, Richmond Hill
Chamber of Commerce and the Regional Municipality of York (the Partners), to
the satisfaction of the Director of Engineering, Town Solicitor and the Chief
Administrative Officer, for the Smart Commute 404-7 Transportation Management
Association; and,
2) That Council confirm the appointment of Regional Councillor
Gord Landon to act as the Town of Markham representative on the Smart Commute
404-7 Advisory Committee; and further,
3) That
Staff be authorized and directed to do all things necessary to give effect to
this resolution.
CARRIED
6(e) REPORT NO. 8 - DEVELOPMENT SERVICES PUBLIC MEETING
(February 3, 2009)
Council consented to separate Item No. 1.
Moved by Councillor J. Webster
Seconded by Councillor D. Horchik
That Report No. 8 - Development Services Public Meeting comprised of 3
items be received and adopted, except Item No. 1. (See following resolution for Item No. 1)
(1) APPLICATIONS BY A.V.
BOMBINI HOLDINGS LTD
FOR RE-ZONING FROM INDUSTRIAL
TO
BUSINESS CORRIDOR AND SITE
PLAN APPROVAL
TO PERMIT AN OFFICE BUILDING
AT 16 HARLECH COURT
(ZA 08-111725, SC 08-111742);
AND,
TOWN-INITIATED
OFFICIAL PLAN AMENDMENT
TO REMOVE
RESTRICTIONS ON PROFESSIONAL
AND BUSINESS OFFICE USES
WITHIN THE
GENERAL INDUSTRIAL AREA OF THE
THORNHILL SECONDARY PLAN
(OP 08- 08 115891) (10.5,
10.3)
1) That
the correspondence from John and Cecilia Ferreira, 9 Harlech
Crt, be received; and,
2) That the Development Services Commission report dated June 17, 2008, entitled “PRELIMINARY REPORT - Application by A.V. Bombini Holdings Ltd. for re-zoning to permit professional and business office uses in the Industrial (M) zone - ZA 08-111725 and, Town-initiated Official Plan amendment to remove restrictions on professional and business office uses within the General Industrial Area of the Thornhill Secondary Plan OP 08- 08 115891”, be received; and,
3) That the Record of the Public Meeting held on February 3, 2009, with respect to the proposed amendment to By-law 77-73; and, Town-initiated Official Plan amendment to remove restrictions on professional and business office uses within the General Industrial Area of the Thornhill Secondary Plan, be received; and,
4) That the applications by A.V. Bombini Holdings Ltd. to amend By-law 77-73; and, Town-initiated Official Plan amendment to remove restrictions on professional and business office uses within the General Industrial Area of the Thornhill Secondary Plan, be approved; and further,
5) That the proposed amendment to Zoning By-law 77-73 and Town-initiated Official Plan Amendment, be enacted without further notice.
CARRIED
(Councillor V. Burke abstained)
(2) KYLEMORE POST ROAD
LIMITED
(VILLAGE GROCER)
APPLICATIONS FOR AN OFFICIAL
PLAN AMENDMENT,
ZONING BY-LAW AMENDMENT AND
SITE PLAN APPLICATION TO
PERMIT A
COMMERCIAL
BUILDING.
4472 AND 4476 16TH
AVENUE
(OP.08-129443, ZA.08-118671
AND SC.08-118753) (10.3, 10.5, 10.6)
1) That the Development Services Commission report dated December 2, 2008, entitled “Preliminary Report. Kylemore Post Road Limited (Village Grocer). Applications for an Official Plan Amendment, Zoning By-law Amendment and Site Plan application to permit a commercial building at 4472 and 4476 16th Avenue (OP 08 1294423, ZA 08 118671 and SC 08 118753)” be received; and,
2) That the Record of the Public Meeting held on February 3, 2009, with respect to the proposed amendments to the Town Official Plan and Zoning By-law 177-96 and By-law 304-87 be received; and,
3) That the application by Kylemore Post Road Limited (Village Grocer) to amend the Town’s Official Plan and Zoning By-law 177-96, as amended, and By-law 304-87, as amended, be approved; and further,
4) That the proposed amendments to the Town’s Official Plan and Zoning By-law 177-96, as amended, and By-law 304-87 as amended, be enacted without further notice.
CARRIED
(3) FAIRVIEW & LAM
INVESTMENTS LIMITED
APPLICATION FOR ZONING BY-LAW
AMENDMENT
TO ADD A PLACE OF WORSHIP TO
THE LIST
OF PERMITTED USES
9441 MARKHAM ROAD
(ZA 08-125551) (10.5)
1) That
the Development Services Commission report dated November 18, 2008 entitled
“Preliminary Report, Fairview & Lam Investments Limited, Application for
Zoning By-law Amendment to add a Place of Worship to the list of permitted uses
at 9441 Markham Road File Number ZA 08-125551” be received; and,
2) That the Record of the Public Meeting held on February 3, 2009, with respect to the application by Fairview & Lam Investments Limited for Zoning By-law Amendment, be received; and,
3) That the applications by Fairview & Lam Investments Limited for Zoning By-law Amendment to amend By-law 188-84, as amended, be approved; and further,
4) That the proposed amendments to By-law 188-84, as amended, be enacted without further notice.
CARRIED
6(f) REPORT NO. 9 - GENERAL COMMITTEE MEETING (February 9,
2009)
Council consented to separate the 3 items in Report No. 9 and to consider them separately. (See following 3 items)
(1) TOWN
OF MARKHAM 2009
BUDGET UPDATE (7.4)
Moved by Councillor D. Horchik
Seconded by Councillor J. Virgilio
1) That
the report dated February 9, 2009 entitled, “Town of Markham 2009 Budget” be
received; and,
2) That
Council approve the 2009 Operating Budget for Town services which totals
$161,757,042, (excluding prior year surplus/deficit) the principle components
of which are detailed on Appendix 1; and,
3) That
gross operating expenditures of $161,757,042, (excluding prior year
surplus/deficit) be funded from the following sources:
|
Taxation
Revenues |
108,412,063 |
|
Grant &
Subsidy Revenues |
917,447 |
|
General
Revenues (Investment Income, Fines, Permits) |
19,782,086 |
|
User Fees
& Service Charges (User Fees, Rentals, Sales) |
26,951,773 |
|
Other Income
/ Recoveries |
5,693,673 |
|
Total |
161,757,042 |
; and,
4) That
Council approve the 2009 Capital Budget that totals $117,614,100, the funding
details of which are listed in Appendix 2; and,
5) That
Council approve the 2009 Waterworks Operating Budget that totals $64,266,839,
(excluding prior year surplus/deficit) the principle components of which are
detailed on Appendix 4;
6) That
Council approve the 2009 Building Standards Budget that totals $6,970,563,
(excluding prior year surplus/deficit) the principle components of which are
detailed on Appendix 5; and,
7) That
upon finalization of the 2008 audited financial statements, the 2009 Operating,
Waterworks and Building Standards budgets be adjusted to reflect the 2008
operating results; and,
8) That
a copy of the budgets be made available to the public through the Clerk’s
Department and each of the Markham Public Libraries; and further,
9) That
Staff be authorized and directed to do all things necessary to give effect to
this resolution.
CARRIED
(See following unanimous recorded vote)
YEAS: Mayor F. Scarpitti, Deputy Mayor J. Heath, Regional Councillor J. Jones, Regional Councillor G. Landon, Councillor V. Burke, Councillor E. Shapero, Councillor J. Virgilio, Councillor J. Webster, Councillor D. Horchik, Councillor L. Kanapathi, Councillor A. Chiu. (11)
ABSENT: Regional Councillor T. Wong, Councillor C. Moretti. (2)
______________________________________
Councillor E. Shapero left
the Council Meeting at 9:00 p.m.
______________________________________
(2) REQUEST FOR PROPOSAL
(RFP) 137-R-08
TOWN OF MARKHAM SERVICE PROVIDER
FOR GROUP HEALTH CARE PLAN (7.11)
Moved by Councillor J.
Virgilio
Seconded by Councillor V.
Burke
1) That the report
entitled “Request for Proposal (RFP) 137-R-08 Town of Markham Service Provider
for Group Health Care plan “ be received; and,
2) That the contract for
the Town’s Service Provider for the Group Health Care plan be awarded to Sun
Life Financial effective March 1, 2009; and,
3) That the Chief
Administrative Officer (
4) That Staff be
authorized and directed to do all things necessary to give effect to this
resolution.
CARRIED
(3) APPOINTMENTS/RESIGNATIONS
TO ADVISORY COMMITTEES/BOARDS (16.24)
Moved by Councillor D. Horchik
Seconded by Councillor V. Virgilio
1) That the resignations of Nancy Coxford and Brian Ayer from the Varley McKay Art Foundation Board be received with regret and letters of appreciation be forwarded, and;
2) That
Mr. Patrick Carr be appointed to the Varley
McKay Art Foundation Board for the term ending
3) That York Region District School Board (Markham) Trustee, Mr. Neethan Shan, be appointed to the Mayor's Youth Task Force for the term ending November 30, 2009; and,
4) That the following appointment of members to the Board of the Markham Train Station Community Centre for the term ending April 30, 2009 be confirmed:
Linaire Armstrong
Ken Rudy
Mari Lin Van Zetten
Dorothy Gilbert
Nirmala Persuad-Armstrong
Tim Armstrong
Dianne More, President
Wayne Moss
Elizabeth Plashkes
Theo Rothe
Donna Wigmore
CARRIED
7. MOTIONS
(1) BLACK
HISTORY MONTH CELEBRATIONS (12.2.6)
Moved by Regional Councillor J. Jones
Seconded by Regional Councillor G. Landon
That Council thank Deputy Mayor J. Heath, Bonnie Leonard, Joanne Olson,
Olivia Bella and the following members of the Markham African Caribbean
Association for organizing the successful Black History Celebrations held this
date:
Helen
Gaidatsis, Pat Howell, Clive Hylton,
Ruth Liddie, Camille Logan, Pat O'Connor, Aileen
Scott and Don Yirenkyi
CARRIED
(2) BUDGET PROCESS RECOGNITION (12.2.6)
Moved by Deputy Mayor J. Heath
Seconded by Councillor J. Virgilio
Mayor F.
Scarpitti thanked Councillor D. Horchik, Chair of Budget Subcommittee, Members
of Council and staff for their outstanding contribution throughout the budget
process, including:
John Livey, Jim Baird, Brenda Librecz, Andy Taylor, Barb Cribbett, Andrea Tang, Ramona Jadunauth-Khan, Veronica Siu, Matthew Vetere,
David Milenkovski, Kishor Soneji, Karen Liu, James
Craig and Joel Lustig.
CARRIED
__________________________________
Moved by Deputy Mayor J. Heath
Seconded by Regional Councillor J. Jones
That Council consent to the introduction of a motion regarding the renaming of “South Paramount Park” to “Carman Lewis Park”.
CARRIED
__________________________________
(3) RENAMING
OF “SOUTH PARAMOUNT PARK”
TO “CARMAN LEWIS PARK” (10.0)
Moved by Deputy Mayor J. Heath
Seconded by Regional Councillor J. Jones
Whereas The Town of Markham often honours
people who have contributed to the Town by naming parks in their honour, and
Whereas Carman Lewis has volunteered and
contributed to the Town over the past 88 years, and
Whereas Carman Lewis farmed the land, as did
his father before him, where South Paramount Park is located, and
Whereas South Paramount Park is
not contiguous to Paramount Rd.;
Therefore be it resolved;
1) That the park currently named “South Paramount Park” be
renamed to “Carman Lewis Park”, and
2) That Staff be authorized and directed to do all things
necessary to give effect to this resolution.
CARRIED
((2/3 VOTE WAS REQUESTED & OBTAINED)
8. NOTICES OF MOTIONS
There were no notices of motions.
9. COMMUNICATIONS
There were no communications.
10. PROCLAMATIONS
(1) PROCLAMATIONS (3.4)
Moved by Councillor A. Chiu
Seconded by Councillor L. Kanapathi
1) That
the following be proclaimed in the Town of Markham:
- Science Rendezvous Day
(May 9, 2009); and,
2) That
the Communications and Community Relations Department be requested to publish
the above proclamation in the local newspapers.
CARRIED
11. NEW/OTHER BUSINESS
(1) RELOCATION
OF THE
ARCHIBALD FENWICK HOUSE
TO MARKHAM HERITAGE ESTATES
(16.11)
NOTICES OF PROPOSED SALE
TOWN OF MARKHAM
PROPOSED SALE OF SURPLUS
REAL PROPERTY
(Pursuant to By-law 178-96)
Moved
by Councillor J. Webster
Seconded
by Councillor A. Chiu
That
the notice of proposed sale for the Town own lands legally described as Part 7, Plan 65R-24463 (7
(In-Camera
Item No. 4)
(By-law
2009-10)
CARRIED
12. BY-LAWS
Moved by Regional Councillor G. Landon
Seconded by Regional Councillor J. Jones
That By-laws 2009-9
to 2009-15 be given three readings and enacted.
Three Readings
BY-LAW 2009-9 A by-law to amend By-law No. 111-98, a by-law to charge fees for services provided by Fire and Emergency Services for emergency and non-emergency incidents (Fees for 'at fault vehicle owner').
(Item No. 3, Report No. 5) By-law
BY-LAW 2009-10 A by-law to authorize the Mayor and
Clerk to execute an Agreement of Purchase and Sale between Chi-Sam Tran and
Kari Tran and the Town of Markham (Archibald Fenwick
House).
(In-Camera Item No. 4)
(Other Business Item No. 1) By-law
BY-LAW 2009-11 A by-law to dedicate certain lands as part of the highways of the Town of Markham (Block 84, Plan 65M-3235 - Lane K).
BY-LAW 2009-12 A by-law to dedicate certain lands as part of the highways of the Town of Markham (Part of Lot 8, Concession 6, designated as Part 3, Plan 65R-22770 - Raymond Bartlett Avenue and Block 126, Plan 65M-3397 - Isabella Street).
BY-LAW 2009-13 A by-law to dedicate certain lands as part of the highways of the Town of Markham (Part of Block 100, Plan 65M-4031, designated as Parts 1 and 2, Plan 65R-30919 - Ivory Silk Drive).
BY-LAW 2009-14 A by-law to stop and close a portion
of Union Street
(In-Camera Item No. 1 - Nov. 25, 2008) By-law
BY-LAW 2009-15 A by-law to authorize the execution of an Agreement of Purchase and Sale between the Town and Brian McGregor Cosburn and Jennifer Helen Cosburn together with the execution of the Transfer of Land for lands legally described as that Part of Union Street, Plan 335, designated as Parts 3 and 4, Plan 65R-31391.
(In-Camera Item No. 1 - Nov. 25, 2008) By-law
CARRIED
13. IN-CAMERA ITEMS
Moved by Regional Councillor G. Landon
Seconded by Councillor J. Virgilio
That, in accordance with Section 239 of the Municipal Act, Council resolve into an in-camera session to discuss the following items (9:05 p.m.) (Item No. 5 was considered at 7:45 p.m. by separate motion):
1) Birchmount Road Extension Property Matter [Section 239 (2) (f)]
2) The Innovation Synergy Centre Property Matter [Section 239 (2) (c)]
3) Termination
of Lease of Town Lands Forming Part of the Markham Golf & Country Club
[Section 239 (2) (c)]
4) Relocation
of the Archibald Fenwick House to Markham Heritage Estates [Section 239 (2)
(c)]
5) Official Plan and Zoning By-Law Amendment - 161 Main Street Unionville [Section 239 (2) (e)]
6) Minor Variance Appeal to Ontario Municipal Board - 125 Raymerville Drive [Section 239 (2) (e)]
7) Minor Variance Appeal to Ontario Municipal Board - 28 Helmsley Crescent [Section 239 (2) (e)]
8) The Canadian Sports Institute of Ontario Development [Section 239 (2) (c)]
CARRIED
Moved by Councillor J. Webster
Seconded by Councillor A. Chiu
That Council rise from the in-camera session and re-convene regular session (9:10 p.m.).
CARRIED
REPORT
OF GENERAL COMMITTEE - January 19, 2009
(1) BIRCHMOUNT
ROAD EXTENSION UPDATE
PHASE 1, CN TRACK TO ENTERPRISE DRIVE
PROJECT UPDATE (7.5)
Moved by Councillor A. Chiu
Seconded by Regional Councillor G. Landon
1) That
the confidential report dated January 19, 2009, entitled “Birchmount
Road Extension – Phase 1, CN Tracks to Enterprise Drive - Project Update” be received; and,
2) That
staff be authorized to proceed with tender(s) to complete the balance of the
outstanding works under Contract No. 004-T-07 and
3) That
the above works be undertaken provided that the bonding company (Federation
Insurance Company) in respect of the original contractor, consents to the Town
undertaking the work; and,
4) That
staff be authorized to take all necessary steps to negotiate the completion of
the Contract and/or the payment under the Performance Bond provided by the
Federation Insurance Company; and,
5) That
staff be authorized to increase the value of the contract with AECOM (formerly Totten Sims Hubicki) for contract
inspection / administration in
accordance with
6) That
staff be authorized to proceed with the outstanding work which is estimated to
be $4,186,000.00, exclusive of GST, to be partially funded from Capital Account
#83-5350-7629-005, with the balance of $263,293.03 funded from the Capital Account
#83-5350-8047-005; and further,
7) That
staff be authorized and directed to take the actions set out in this report,
including the execution of documents, to give effect to the above.
CARRIED
(2) INNOVATION
SYNERGY CENTRE
IN MARKHAM: RENEWAL OF
SUBLEASE
WITH ALCATEL-LUCENT CANADA INC
(8.2)
Moved by Councillor A. Chiu
Seconded by Regional Councillor G. Landon
1) That
the confidential report entitled “Innovation Synergy Centre in Markham: Renewal
of Sublease with Alcatel-Lucent Canada Inc. at
2) That
Staff be authorized and directed to take the actions set out in this report.
CARRIED
REPORT
OF GENERAL COMMITTEE - January 26, 2009
(3) TERMINATION
OF LEASE OF TOWN LANDS FORMING
PART OF THE MARKHAM GOLF AND
COUNTRY CLUB (8.2)
Moved by Councillor A. Chiu
Seconded by Regional Councillor G. Landon
1) That the confidential report entitled “Termination of Lease of Town Lands Forming Part of the Markham Golf and Country Club” be received; and,
2) That
Staff be authorized and directed to take the actions set out in this report.
CARRIED
(4) PROPERTY
MATTER - RELOCATION OF THE
ARCHIBALD FENWICK HOUSE
TO MARKHAM HERITAGE ESTATES
(16.11)
Moved by Councillor A. Chiu
Seconded by Regional Councillor G. Landon
1) That the confidential report on financial capability of the
applicants, Chi-Sam Tran and Kari Tran, to purchase a lot and relocate and
restore the Archibald Fenwick House at the Markham
2) That Part 7, Plan 65R-24463 (7
3) That the fourteen (14) day notice period of the proposed
sale of the above lands be placed on the next Council agenda, or subsequent
date, in accordance with the Town of Markham By-law No.178-96 (Sale of Surplus
Real Property); and,
4) That a by-law be enacted authorizing the Mayor and Clerk to
execute an Agreement of Purchase and Sale between Chi-Sam Tran and Kari Tran
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 further,
5) That Staff be authorized and directed to take the actions set
out in this report.
CARRIED
REPORT
OF DEVELOPMENT SERVICES COMMITTEE - February 3, 2009
(5) OFFICIAL PLAN AND ZONING BY-LAW
AMENDMENT
APPLICATIONS TO FACILITATE THE
USE OF PART OF
THE GROUND FLOOR FOR
PROFESSIONAL OFFICE SPACE
161 MAIN STREET, UNIONVILLE
(LEGAL FILE NO: 08 0711 LG 0219) (10.3, 10.5)
Moved by Councillor
J. Virgilio
Seconded by Regional
Councillor G. Landon
1) That
the confidential report entitled “Official Plan and Zoning By-law Amendment
Applications to facilitate the use of part of the ground floor for professional
office space -161 Main Street, Unionville” be received; and,
2) That
the Town Solicitor be instructed to attend the Ontario Municipal Board Hearing
relative to 161 Main Street Unionville and defend the Unionville Secondary Plan
designation and the Heritage Main Street in By-law 122-72, as amended; and,
3) That the Town Solicitor be instructed to oppose the Official
Plan and Zoning By-law Amendment applications for 161 Main Street, Unionville
(File No: OP 08 106544, ZA 08 106545); and further,
4) That the Town Solicitor be authorized to engage a Planning
Consultant and a Retail Consultant to represent the Town at the Ontario
Municipal Board proceedings relative to 161 Main Street Unionville.
CARRIED
(See following record vote)
(10:1)
YEAS: Mayor F. Scarpitti, Deputy Mayor J. Heath, Regional Councillor J. Jones, Regional Councillor G. Landon, Councillor V. Burke, Councillor E. Shapero, Councillor J. Virgilio, Councillor C. Moretti, Councillor J. Webster, Councillor L. Kanapathi, Councillor A. Chiu. (10)
NAYS: Councillor D. Horchik. (1)
ABSENT: Regional Councillor T. Wong, Councillor C. Moretti. (2)
[In-camera
Item No. 5 regarding Official Plan and Zoning By-law
Amendment for 161 Main Street Unionville was considered by Council at 8:11 p.m.
(open session)]
(6) MINOR VARIANCE APPEAL TO OMB
125 RAYMERVILLE DRIVE, MARKHAM
(LEGAL FILE NO. 08 0713 LG
0435) (8.0)
Moved by Councillor A. Chiu
Seconded by Regional Councillor G. Landon
1) That
the report entitled “Minor Variance Appeal to OMB- - 125 Raymerville
Drive, Markham” be received; and,
2) That
the Town Solicitor be instructed not to attend the Ontario Municipal Board
(OMB) hearing respecting a minor variance appeal for 125 Raymerville
Drive, Markham; and further,
3) That
Staff be authorized and directed to take the actions set out in this report.
CARRIED
(7) MINOR VARIANCE APPEAL TO OMB
28 HELMSLEY CRESCENT, MARKHAM
(LEGAL FILE NO. 08 0513 LG
0436) (8.0)
Moved by Councillor A. Chiu
Seconded by Regional Councillor G. Landon
1) That
the report entitled “Minor Variance Appeal to OMB - - 28 Helmsley
Crescent, Markham” be received; and,
2) That
the Town Solicitor be instructed not to attend the Ontario Municipal Board
(OMB) hearing respecting a minor variance appeal for 28 Helmsley
Crescent; and further,
3) That
Staff be authorized and directed to take the actions set out in this report.
CARRIED
REPORT
OF GENERAL COMMITTEE - February 9, 2009
(8) PAN
AM AND CANADIAN SPORTS INSTITUTE OF
ONTARIO (CSIO) DEVELOPMENTS
(6.1)
Moved by Councillor A. Chiu
Seconded by Regional Councillor G. Landon
Whereas,
the Town of Markham expresses its concern about the lack of transparency and
clarity on the process for venue selection as well as its dissatisfaction with
the lack of recognition of the existing agreement and partnership between the
Town of Markham and the CSCO to build the CSIO in Markham; and
Whereas
the Town of Markham remains committed to hosting the Aquatic Centre and the
CSIO in the Town of Markham; and
Whereas
the Town of Markham continues to support the Pan Am Games initiative;
Therefore
the Council of the Corporation of the Town of Markham enacts as follows:
1) That
the report entitled “PAN AM and CSIO Developments” and the memorandum dated
February 10, 2009 providing additional information regarding the Water Polo
Venue option be received; and,
2) That
Council endorse hosting the venues:
a. The
Town of Markham agree to host Water Polo in a 50 metre
competitive pool in a location to be determined by the Town of Markham; and,
b. The
Town of Markham agree to host Badminton and Table Tennis in an existing
Community Centre or a Sports Centre to be determined by the Town of Markham;
and,
c. The
Town of Markham agree to host training facilities for Football (Soccer)
training; and,
3) That
Council support, in principle, a cash contribution of 44% of capital costs to
an upset limit of $23,056,057 to facilitate construction of or improvement to
facilities associated with PAN AM Bid Commitments; and,
4) That
the Commissioner of Community & Fire Services be directed to negotiate with
the Province on Capital Costs including capital contribution to existing
facilities and report results back to Council; and further,
5) 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 Councillor J. Virgilio
That By-law
2009-16 be given three readings and enacted.
Three Readings
BY-LAW 2009-16 A by-law to confirm the proceedings of
the Council meeting of February 10, 2009.
(Council Meeting No. 2, 2009)
CARRIED
15. ADJOURNMENT
Moved by Deputy Mayor J.
Heath
Seconded
by Regional Councillor J. Jones
That the meeting do adjourn.
CARRIED
Council
adjourned at
___________________________________ _____________________________________
KIMBERLEY KITTERINGHAM FRANK SCARPITTI
TOWN CLERK MAYOR
(Signed)