March 10, 2009
COUNCIL MINUTES Council Chamber, Civic Centre
ROLL
CALL
Mayor F. Scarpitti, Deputy
Mayor J. Heath, Regional Councillor J. Jones, Regional Councillor G. Landon (7:05 p.m), Councillor V. Burke, Councillor
J. Virgilio, Councillor C. Moretti, Councillor J. Webster, Councillor D.
Horchik, Councillor L. Kanapathi, Councillor A. Chiu.
REGRETS
Regional Councillor T. Wong,
Councillor E. Shapero.
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
C. Conrad, Town Solicitor
K. Kitteringham, Town Clerk
A. Brouwer, Deputy Town
Clerk
D. Flaherty, Manager of Strategic Communications
J. Wong, Technology Support
Specialist
The Regular
Meeting of Council was held on March 10, 2009 at 7:02 p.m. in
None declared.
Moved by Councillor A. Chiu
Seconded by Councillor C. Moretti
That the Minutes of the Council Meeting held on February 24, 2009, be adopted.
CARRIED
Council recognized Members
of the Markham Concert Band for winning the Ontario Band Association Gold
Standard Award, the Ontario Band Association Woodwind Section Excellence Award
and the Ontario Band Association Conducting Excellence Award. As a result of
winning the Gold Standard Award in February 2009, the band has been invited to
compete in the National Championships.
The Markham
Concert Band was formed in 1978 with over 65 members; it is one of the largest
community bands in Canada. Band members
include individuals of all ages from many fields of endeavour. The members are all brought together with one
purpose in mind - to serve the community with the best in concert band music.
Mr. Doug Manning, Conductor, introduced the band members in attendance, and provided an overview of the Band and the Awards. The Band played a sample of one of its marches.
Council consented to hear delegations (1) to (7).
___________________________________
Moved By Councillor C.
Moretti
Seconded by Councillor V.
Burke
That Council consider Item
No. 2 of Report No. 16 regarding Milne Dam Conservation Area Multi-Use Pathway
Update immediately following delegations for this matter.
(See Item No. 2, Report No.
16 for the consideration of this item)
CARRIED
(2/3 VOTE WAS REQUESTED & OBTAINED)
_____________________________________
Council consented to add Petition (1).
Moved by Councillor J. Webster
Seconded by Regional Councillor G. Landon
That the petition signed by approximately 477 area residents in objection to the proposed Milne Dam Conservation Area Multi-use Pathway be received and referred to the Commissioner of Development Services.
CARRIED
(2/3 VOTE WAS REQUESTED & OBTAINED)
(See following quotation from petition)
Quotation
from Petition
"We the undersigned:
- Do not want a Multi Use Pathway added to Milne Conservation
- Do not want any trees cut down
- Do not want any area paved over
We want to preserve and protect the jewel in Markham's crown Milne Conservation & Dam.
A definition of Conservation:
- a careful preservation and protection of something especially: planned management of a natural resource
- to prevent exploitation, destruction, or neglect
- the preservation of a physical quantity during transformations or reactions."
Moved by Councillor J. Virgilio
Seconded by Councillor A. Chiu
That Report No. 14 - General Committee comprised of 7 items be received and adopted.
1) That the following membership of the Box Grove Community Centre Board for the term January 1 - December 31, 2009 be confirmed:
Tom Farrar, Chair
Frank Orovits
Michael Cavanagh
Dan McCombe
Stan Buell
Murray Cresswell
Lorraine Crivaro
Karen Feddersen
Bodo Maslabey
James Newell
Bob Watt
CARRIED
1) That the report entitled “Miller Avenue –Rodick Road Land Lease Renewal – Employee Parking Lot and Dog Off-Leash Area” be received; and,
2) That Council approve an Offer to Lease and a new five (5) year Lease Agreement between Ontario Realty Corporation (ORC) and the Town for lands located at the northwest corner of Miller Avenue and Rodick Road, being Part of Lot 7, Concession 4 and designated as Parts 3 and 6 on Plan R-4411 for the continued use of its employee parking lot and dog off-leash area; and,
3) That the Mayor and Town Clerk be authorized to execute the Offer to Lease and Lease Agreement in a form satisfactory to the Town Solicitor on the terms described herein; and,
4) That Staff be authorized and directed to do all things necessary to give effect to this resolution.
CARRIED
1) That the report dated February 23, 2009 entitled “Status of Capital Projects as of December 31, 2008” be received; and,
2) That $11.73M from closed capital projects be transferred to the sources of funding as listed on Exhibit A; and further,
3) That Staff be authorized and directed to do all things necessary to give effect to this resolution.
CARRIED
1) That the report dated February 23rd, 2009, entitled “2008 Year End Review of Operations” be received; and
2) That the preliminary 2008 operating surplus for the Town of Markham (‘Town’) of $0.047M be transferred to the Corporate Rate Stabilization Reserve; and
3) That the year end accounting accruals of $1.767M be funded from the Corporate Rate Stabilization Reserve; and,
4) That the preliminary 2008 operating unfavourable variances in Planning and Design, Engineering, Building Standards and Waterworks departments be funded from the Town’s respective reserves; and further,
5) That any year end balanced in the Ramp-Up Reserve at the end of each fiscal year be transferred to the Corporate Rate Stabilization Reserve.
CARRIED
1) That report entitled “Victoria Square Community Sanitary Sewer and Watermain System Installation” be received; and,
2) That the Asset Management Department be
authorized to retain in accordance with the
Purchasing By-law #2004-341 an engineering consulting company to undertake the
detailed design and construction tendering of the Victoria Square Community
Sanitary Sewer and Water System Installation; and,
3) That a capital project be established in the Asset Management Department for the detail design, construction tendering and all related administrative costs to an upset limit of $90,000; and,
4) That the cost for functional review, detailed design, construction tendering, and all related administrative costs
estimated at $90,000 be up fronted by the Town from the Waterworks
Stabilization/Capital Reserve Fund
and if the project proceeds recovered from the benefiting property owners with
appropriate interest; and,
5) That when the tender price is known, the residents of Victoria Square Community be advised of the total project costs, for their decision whether to proceed with the construction of this project; and,
6) That the Asset Management Department staff report back on the residents’ decision and staff recommendation; and,
7) That if the Victoria Square Community Sanitary Sewer and Water System is to proceed, the total project cost be up fronted by the Town and recovered by imposing an equal fee against the benefiting property owners abutting the works in accordance with Section 391 of the Municipal Act 2001; and further,
8) That Staff be authorized and directed to do all things necessary to give effect to this resolution.
CARRIED
1) That the 2008 Annual Summary Report to Council as required by Schedule 22 of Ontario Regulation 170/03 enclosed herein be received; and,
2) That the Annual 2008 Regulatory Water Quality Report (Attachment “A”), containing information for the Ministry of the Environment on water supply and quality as required by Section 11 of Ontario Regulation 170/03, be received; and,
3) That Council directs staff to post the Annual 2008 Detailed Regulatory Water Quality Report on the Town’s website and that it be made available and provided to residents upon request in hard copy version on or before February 28, 2009; and further,
4) That Staff be authorized and directed to do all things necessary to give effect to this resolution.
CARRIED
1) That the report entitled ‘Proposed Urban Forest Studies Partnership’ be received; and,
2) That Council approve the Town’s participation in an Urban Forestry Studies Partnership with York Region and the Toronto and Region Conservation Authority to conduct a UFORE (Urban Forest Effects Model) study in Markham; and,
3) That Council approve the allocation of the balance remaining ($37,000) in the 2008 Replacement Boulevard / Park Trees – Annual Program capital account (acct. # 059 – 6150 8286 005) and the allocation of $17,000 from the Markham Trees for Tomorrow Fund (acct. # 087-2800170) to fulfill the Town’s financial obligations towards this project; and further,
4) That Staff be authorized and directed to do all things necessary to give effect to this resolution.
CARRIED
Moved by Councillor J. Virgilio
Seconded by Councillor V. Burke
That Report No. 15 - General Committee comprised of 3 items be received and adopted, except Item No. 3 (See following Item No. 3).
1) That the report dated March 2, 2009 entitled “2009 Celebrate Markham Grants Allocation by the Grants Sub-Committee” be received; and,
2) That the Grants Sub-Committee is recommending the 2009 Allocation of Celebrate Markham Grants as outlined in Appendix 1 be approved; and,
3) That Staff be authorized and directed to do all things necessary to give effect to this resolution.
CARRIED
1) That
the report entitled “Contract Extension 120-R-06 to The Ventin Group for Prime
Consultant Services for the Markham Museum – New Collections Building” be
received; and,
2) That
the contract extension for prime consultant services for the Markham Museum-New
Collections Building be awarded to The Ventin Group (TVG), in the amount of
$466, 686.00 exclusive of GST and disbursements; and,
3) That
the tender process be waived in accordance with Purchasing Bylaw 2004-341 Part
11, section 7(1) c which states “when the extension of an existing contract
would prove more cost effective or beneficial”; and,
4) That
the contract extension be funded from account 073-6150-7417-005 Museum
Collections Building – Design Fees; and further,
5) That
staff be authorized and directed to do all things necessary to give effect to
this resolution.
CARRIED
1)
That an internal working committee consisting
of Councillor C. Moretti, Director of Operations Paul Ingham, Engineering
Technologist (Transportation) David Porretta, Acting Fire Chief B. Snowball and
Manager of By-law Enforcement and Licensing Bill Wiles be formed to address
parking and safety concerns in regard to snow and snow removal on residential
streets and report back to General Committee by the end of June 2009.
CARRIED
Item No. 2 - Council consented to separate the item regarding Milne Dam Conservation Area Multi-use Pathway and to consider it immediately following delegations for this matter.
Item No. 1 - Council consented to separate the item and to resolve into an in-camera session to discuss litigation or potential litigation matter regarding the Site Plan Application for Liberty Developments Inc., 7171 Yonge Street.
___________________________________
Moved by Regional Councillor J. Jones
Seconded by Councillor D. Horchik
That Council resolve into an in-camera session to discuss litigation or potential litigation matter regarding the Site Plan Application for Liberty Developments Inc., 7171 Yonge Street
(9:37 p.m.). [Section 239 (2) (e) of Municipal Act].
CARRIED
____________________________________
___________________________________
Moved by Regional Councillor J. Jones
Seconded by Councillor D. Horchik
That Council rise from in-camera session and re-convene regular session (9:41 p.m.).
CARRIED
___________________________________
Moved by Councillor J. Webster
Seconded by Councillor D. Horchik
1) That the presentation provided by Ms. Lezlie Philips, Project Planner, Liberty Developments Inc. regarding Site Plan application for high density mixed use development, Liberty Developments Inc., 7171 Yonge Street, be received; and,
2) That
staff together with the Ward Councillor arrange for a Public Information
Meeting; and further,
3) That
a Working Group be established with staff, the Ward Councillor, and members of
the community to engage in discussions related to building materials and
architectural design.
CARRIED
Moved by Councillor J. Webster
Seconded by Councillor D. Horchik
1) That the presentation from Mr. Alan Brown, Director of Engineering, regarding the Public Information Meeting held on February 19, 2009 for the Milne Dam Conservation Area Multi-use Pathway preferred alignment and next steps be received; and,
2) That
Council receive the following delegations from the March 10, 2009 Council
meeting regarding Milne Dam Conservation Area Multi-Use Pathway:
- Matt
Chapman
- Reuben Tang, Bandfield Home Owners Group
- Michael Landry
- Maureen Cowan, Milne Community Alliance
- Shelley Bourne, Boyington Heights Ratepayers Inc.
- Tupper Wheatley, Milne Park Conservation Association
- Evelyn Johnston; and further,
3) That
staff report back to the March 24, 2009 Development Services Committee meeting
with a proposed Terms of Reference and the composition for a working group to
review options for a multi-use pathway.
CARRIED AS AMENDED
(See following amendments)
Council consented to consider the item
regarding Milne Dam Conservation Area Multi-Use Pathway
immediately following delegations with respect thereto. Council also consented to receive the
delegations as Resolution No. 2).
For voting purposes, Council consented to
separate the proposed resolutions regarding the Milne
Dam Conservation Area Multi-Use Pathway as follows:
Resolution No. 1)
The following Resolution No. 1) was carried, as proposed:
"Moved by Councillor J. Webster
Seconded by Councillor D. Horchik
That the presentation from Mr. Alan Brown, Director of Engineering, regarding the Public Information Meeting held on February 19, 2009 for the Milne Dam Conservation Area Multi-use Pathway preferred alignment and next steps be received; and,
CARRIED"
Resolution No. 2)
The
following proposed Resolution No. 2) was lost:
"Moved by Councillor J. Webster
Seconded by Councillor D. Horchik
That Council endorses in principle the preferred alignment; and further,
LOST"
Resolution No. 3)
The
following Resolution No. 3) was carried as amended:
"Moved by Councillor C. Moretti
Seconded by Regional Councillor J. Jones
That staff
report back to the March 24, 2009 Development Services Committee meeting with a
proposed Terms of Reference and the composition for a working group to review
options for a multi-use pathway.
CARRIED AS AMENDED
(See following resolution which
was not considered)
Council did not consider the following proposed Resolution No. 3); Instead,
staff was requested to report back to the March 24,
2009 Development Services Committee meeting with a proposed Terms of Reference
and the composition for a working group to review options for a multi-use
pathway:
'That
staff meet with representatives of interested stakeholders and the Toronto and
Region Conservation Authority (TRCA) in a working group to review the proposed
final design of the preferred alignment and report back at the April 14, 2009
Development Services Committee meeting.'"
Moved by Regional Councillor J. Jones
Seconded by Councillor J. Webster
That Report No. 17 - Development Services Committee comprised of 1 item
be received and adopted.
Whereas the Province of Ontario has passed the Places to
Grow Act, 2005 and endorsed the Growth Plan for the Greater Golden
Horseshoe, 2006 which gives clear direction for growth in the Greater Golden
Horseshoe; and,
Whereas the Growth Plan designates the Langstaff area of Markham as a
Urban Growth Centre called the Richmond Hill/Langstaff Gateway; and,
Whereas the Town of Markham has passed Official Plan Amendment 171 to
comply with the Growth Plan; and,
Whereas the Town of Markham has through a public process engaged the
services of Peter Calthorpe, a world renowned Urban Design Architect to carry
out the Urban Design component of the Langstaff Gateway provincially designated
Growth Centre; and,
Whereas Peter Calthorpe has determined that the Langstaff Gateway site
may be the best serviced site in North America from a proposed public transit
and existing Road and Highway point of view, and that this site should redefine
Transit Oriented Development; and,
Whereas the Master Plan for Langstaff has been through an exhaustive
public process and is nearing completion and it has been determined that this
site has the potential (subject to Council approval) for up to15,000 dwelling
units and 15,000 jobs in the Growth Centre, exceeding the minimum requirements
of the Growth Plan; and,
Whereas the Langstaff Gateway site is being designed to achieve a non-auto
modal split of 60% which will put it on the leading edge in the GTA; and,
Whereas all facilities in the Langstaff Gateway will be designed to
LEED standard; and,
Whereas the Region of York recently filed an environmental assessment
for the Yonge Street Subway extension from Finch Avenue to just North of
Highway 7; and,
Whereas the selected route chosen by York Region is East of Yonge
Street and next to the CN Bala line and next to Hightech Road in Richmond Hill;
and,
Whereas this alignment created a radius that the Region of York stated
will necessitate that the subway station will have to be in front of the Holy
Cross Cemetery south of the Langstaff Gateway and removed from direct access
from the Langstaff Gateway High Density Residential and Office Towers; and,
Whereas it has been suggested that the Go Rail Station presently
located on Langstaff Road and forming an integral part of the Langstaff Gateway
Urban Design would be moved North in the vicinity of the proposed Subway
Station at Hightech Rd; and,
Whereas it has also been suggested that the proposed Highway 407
Transitway, an integral piece of infrastructure necessary to the Langstaff
Gateway proposal, will be relocated from the proposed alignment next to the
Langstaff site to a location in the vicinity of Hightech Road; and,
Whereas the Council of the Town of Markham on October 14, 2008 passed a
resolution endorsing a number of design principles for the Langstaff/Longbridge
Subway station and the Langstaff Gateway Project
1) That
the Town of Markham requests the Honourable Minister of the Environment, in
accepting or approving the Yonge Subway Extension (Finch Station to Richmond
Hill Centre) Environmental Project Report dated Feb 2. 2009, to acknowledge the intent to move the
Langstaff/Longbridge Subway Station as far north as possible in the final
design, so as to better serve the Langstaff Gateway Urban Growth Centre; and,
2) That
Provincial Ministries and transit agencies involved in the overall planning and
design of the interface between the Yonge Subway extension and other modes of
transit (including GO Rail, 407 Transitway, VIVA/YRTP Rapid Transit and YRT bus
service) at the Richmond Hill/Langstaff Gateway Mobility Hub be requested to
ensure that the transit network and mobility hub is designed to provide the
best possible transit service to the significant transit oriented development
being planned at the Langstaff Gateway in Markham; and further,
3) That
the resolution be forwarded to The Premier Of Ontario, Minister of Municipal
Affairs and Housing, Minister of Energy and Public Infrastructure, Minister of
Transportation, Minister of Environment, Region of York, All Local MPPs, Town
of Richmond Hill, City of Vaughan, Metrolinx, City of Toronto, Federal Minister
of Transportation, Mr. Dale Albers, Chief Communications Officer, York Region
Rapid Transit, Rod McPhail, Director, Transportation Planning, City Planning
Division, City of Toronto, Charles Wheeler, Deputy Chief Project Manager,
Toronto Transit Commission.
CARRIED
Council consented to add Motion (1)
Moved by Regional Councillor J. Jones
Seconded by Deputy Mayor J. Heath
That the Town of Markham publicly express its interest in hosting a NHL
franchise in Markham.
CARRIED
(2/3 VOTE WAS REQUESTED & OBTAINED)
There were no notices of motions.
Council consented to defer the consideration of Communication No. 3-2009 regarding the completion of the Municipal Information Form for the Liquor Licence Application of Bombay Bollywood Inc., 2002 Middlefield Road, Unit 10, to the March 31, 2009 Council meeting.
Council also consented to add and receive Communication No. 7-2009.
Moved by Councillor L. Kanapathi
Seconded by Regional Councillor G. Landon
That Council
receive and consent to the disposition of communications in the following manner:
Info
(Deferred to the March 31, 2009 Council meeting)
-
Starts on Church Street
-
Church Street go west to Country Glen Road
-
North on Country Glen Rd to east on Morning Dove Drive
-
Morning Dove Drive to south on Cornwall Drive
-
Cornwall Drive to west on White’s Hill Ave
-
White’s Hill Ave to Bur Oak Ave
-
Bur Oak Ave south to just passed Church Street. (3.5)
Moved by Councillor C. Moretti
Seconded by Regional Councillor J. Jones
That Council receive Communication No. 7-2009 - Correspondence from the Milne Community Alliance forwarding comments with respect to the Milne Dam Conservation Area Multi-use Pathway Update.
CARRIED
Moved by Councillor A. Chiu
Seconded by Councillor V. Burke
1) That
the following be proclaimed in the Town of Markham:
- Elder Abuse Awareness Month (June 2009); and,
2) That
the Communications and Community Relations Department be requested to publish
the above proclamation in the local newspapers.
CARRIED
There were no new/other businesses.
Moved by Councillor A. Chiu
Seconded by Councillor J. Virgilio
That By-law 2009-26
be given three readings and enacted.
CARRIED
Moved by Regional Councillor J. Jones
Seconded by Councillor D. Horchik
That, in accordance with Section 239 of the Municipal Act, Council resolve into an in-camera session to discuss the following matters (9:37p.m.):
ITEM
1, REPORT NO. 16 - DEVELOPMENT SERVICES COMMITTEE
(February
24, 2009)
SITE PLAN APPLICATION FOR
HIGH DENSITY MIXED
USE DEVELOPMENT
LIBERTY DEVELOPMENTS INC.
7171 YONGE STREET (10.0)
[Section 239 (2) (e)]
REPORT
OF DEVELOPMENT SERVICES COMMITTEE - March 3, 2009
MINOR VARIANCE APPEAL TO OMB
90 OLD KENNEDY ROAD, MARKHAM
(8.0)
[Section 239 (2) (e)]
____________________________________
Moved by Councillor J. Virgilio
Seconded by Councillor J. Webster
That Council rise from the in-camera session and re-convene regular session (9:41 p.m.).
(See Item No. 1, Report No. 16 regarding the consideration of the Site Plan Application for Liberty Developments Inc., 7171 Yonge Street)
CARRIED
____________________________________
Moved by Regional Councillor G. Landon
Seconded by Regional Councillor J. Jones
1) That
the report entitled “Minor Variance Appeal to OMB - -90 Old Kennedy Road,
Markham” be received; and,
2) That
the Town Solicitor be instructed to attend the Ontario Municipal Board (OMB)
hearing of the minor variance appeal for 90 Old Kennedy Road only to ensure
that the conditions of approval recommended by Staff are imposed by the OMB,
should the OMB decide to allow the variances; and further,
3) That Staff be authorized and directed to take the actions set out in this report.
CARRIED
Moved by Councillor A. Chiu
Seconded by Regional Councillor J. Jones
That By-law
2009-27 be given three readings and enacted.
CARRIED
Seconded
by Councillor L. Kanapathi
That the meeting do adjourn.
CARRIED
Council adjourned at 9:46 p.m.
___________________________________ _____________________________________
KIMBERLEY KITTERINGHAM FRANK SCARPITTI
TOWN CLERK MAYOR
(Signed)