April
28, 2009
COUNCIL MINUTES Council Chamber, Civic Centre
Meeting No. 7
ROLL
CALL
Mayor F. Scarpitti, Deputy Mayor J. Heath, Regional Councillor J. Jones, Councillor V. Burke, Councillor J. Virgilio, Councillor C. Moretti, Councillor J. Webster, Councillor D. Horchik, Councillor L. Kanapathi, Councillor A. Chiu.
REGRETS
Regional Councillor G. Landon, Regional Councillor T. Wong, Councillor E. Shapero.
STAFF
J. Livey, Chief Administrative Officer
J. Baird, Commissioner of Development Services
B. Librecz, Commissioner of Community & Fire Services
C. Conrad, Town Solicitor
A. Taylor, Commissioner of Corporate Services
B. Cribbett, Treasurer
K. Kitteringham, Town Clerk
A. Brouwer, Deputy Town
Clerk
D. Flaherty, Manager, Strategic Communications
J. Wong, Technology Support
Specialist
J. Chechalk, Mayor’s Chief of Staff
The Regular
Meeting of Council was held on April 28, 2009 at 7:06 p.m. in
1. DISCLOSURE OF PECUNIARY INTEREST
(1) Councillor J. Virgilio
disclosed a pecuniary interest with respect to Item (4), Report No. 25
regarding Glenbourne Sanitary Sewer Contract Award as he has a work client who resides in
the applicable area who is involved with the item and did not take part
in the consideration, discussion, or vote on the matter.
2. MINUTES
(1) COUNCIL MINUTES - APRIL 14, 2009
Moved by Councillor A. Chiu
Seconded by Councillor C. Moretti
That the Minutes of the Council Meeting held on April 14, 2009, be adopted.
CARRIED
3. PRESENTATIONS
(1) RECOGNITION OF TONY MASONGSONG
AND JEAN-ANNE DODGE
- 2008 MARKHAM MOBILITY
ANNUAL GOLF TOURNAMENT
(12.2.6)
Council recognized Tony Masongsong for his dedicated contribution towards the 2008 Markham Mobility Annual Golf Tournament over the past 8 years. The funds raised from the tournament were spent towards purchasing small vans equipped for wheelchair accessibility donated to Participation House.
Council also
recognized Jean-Anne Dodge, Chair, Markham Mobility Foundation and Markham
Mobility Golf Tournament, for her outstanding support and contribution to the
foundation and the tournament over the past 25 years.
(2) YORK
CATHOLIC DISTRICT SCHOOL BOARD
PRESENTATION OF PLAQUE TO THE
TOWN OF MARKHAM
FOR ITS LEADERSHIP AND
PARTNERSHIP IN GREEN INITIATIVES (12.2.6)
Council was presented with a plaque from the York Catholic District School Board in recognition of the Town of Markham's leadership and partnership in Mission Green initiatives.
Representatives from the York Catholic District School Board were in attendance, including:
Ms. Carol Cotton, Area
Trustee
Ms. Debra Cormier,
Superintendent of Education
Mr. Larry Tadman, Coordinator
of Environmental Services
Mr. Bernie Smith,
Principal, St Augustine Catholic High School
Student Representatives,
St Augustine Catholic High School Environmental Committee
(3) RECOGNITION
OF WINNERS AT THE
ONTARIO SENIOR GAMES IN
BADMINTON (12.2.6)
Council
recognized the Silver Medal Winners in Badminton at the Ontario Senior Games,
including:
Peter Chan
Vishvas Date
Stan Lau
Tommy Tsang
(Mr. Tsang was not in attendance)
Mr. Date advised that Mayor F. Scarpitti has been appointed as an Honorary Member for the Club and invited all Members of Council to come out and play badminton.
4. DELEGATIONS
There were no delegations.
5. PETITIONS
There were no petitions.
6(a) REPORT NO. 25 - GENERAL COMMITTEE (April 20, 2009)
Council consented to separate Item No. (4) and to add Item No. (6).
Moved by Councillor J. Virgilio
Seconded by Councillor L. Kanapathi
That Item Nos. 1 to 3, 5, and 6 of Report No. 25 - General Committee be received and adopted.
Moved by Deputy Mayor J. Heath
Seconded by Regional Councillor J. Jones
That Item No. 4 of Report No. 25 - General Committee be received and adopted. (See following Item No. 4)
(1) WOMEN’S SUPPORT NETWORK
OF YORK REGION (13.0)
See Item No. 2
under "Proclamations" Section of these minutes
(2) EMPLOYMENT
INSURANCE
PROGRAM RESOLUTION (16.23.2)
Whereas
a healthy unemployment insurance system is a powerful economic stabilizer;
Whereas
there will be a negative fiscal impact on all municipalities if residents are
unable to access Employment Insurance (EI) program benefits or otherwise
maintain incomes during this economic downturn, due to the increased reliance
on locally provided social programs;
Now
therefore, the Council of the Corporation of the Town of Markham enacts as
follows:
1) That the Town of Markham supports the
Province of Ontario solution which requests the same provisions for Ontario
employees received by employees in other provinces and for supplemental EI
program support for unemployed individuals in the manufacturing sector by
providing targeted resources for training and other supports; and,
2) That the Town of Markham request the
Federal Government to improve the provision of EI program benefits in this
economic downturn and that they be requested to review the following, including
but not limited to:
(i) Reducing the number of hours required
to qualify for EI program benefits to qualify;
(ii) Increase the EI program benefit
duration;
(iii) Increase in the level of benefits of
normal earning;
(iv) Expedite the processing of EI claims; and
(v) Extend EI program “Part I” benefits
while a worker is in approved training; and further,
3) That this
resolution be forwarded to the Rt. Hon. Stephen Harper, Prime Minister of
Canada; Hon. Dalton McGuinty, Premier of Ontario; Hon. Diane Finley, Minister
of Human Resources and Skills Development; Hon. Madeleine Meilleur, Ontario
Minister of Community and Social Services, local Members of Parliament and
Provincial Parliament, the Federation of Canadian Municipalities and the Association of
Municipalities of Ontario.
CARRIED
(3) TENDER AWARD 045-T-09
CATHODIC PROTECTION OF IRON
WATERMAINS (7.12.1)
1) That the report entitled “Tender Award 045-T-09 Cathodic Protection of Iron Watermains” be received; and,
2) That tender 045-T-09 for Cathodic Protection of Iron Watermains be awarded to the lowest priced bidder, C.P. Systems in their unit prices for an estimated annual amount of $409,164.50 exclusive of GST; and,
3) That a contingency amount of $40,800.00 exclusive of GST be established and that General Manager of Waterworks be authorized to approve expenditure of this contingency amount up to the specified limit in accordance with the Expenditure Control Policy; and,
4) That the term of the contract shall be for one year effective May 1, 2009 to April 31, 2010 with an option to renew for three additional years; and,
5) That the General Manager of Waterworks and the Manager of Purchasing be authorized to extend the contract for an additional three years, based on the same terms, conditions and budget approval; and,
6) That this project be funded from the Waterworks Department’s Capital Account 053 6150 9286 005 (2009) Cathodic Protection of Iron Watermains; and,
7) That subject to the extension of the tender award, staff be authorized to amend the award amount for the three additional years, to reflect change to project for Cathodic Protection of Iron Watermains approve through Council during the annual budgeting process; and further,
8) That Staff be authorized and directed to do all things necessary to give effect to this resolution.
CARRIED
(4) GLENBOURNE SANITARY SEWER
CONTRACT AWARD
(5.5)
1) That the report entitled “Award of Tender 082-T-09 Glenbourne and Glenridge Communities Sanitary Sewer” be received; and,
2) That if two-thirds of the lots owners within Group 2 (all 68 lots), as shown on Appendix “A”, indicate their willingness to repay the cost of the sanitary sewer:
(a) The contract for 082-T-09 Glenbourne and Glenridge Communities Sanitary Sewer be awarded to the overall lowest priced bidder Digit Excavating Inc. for Part 1 (68 lots) works in the amount of $396,085.00 exclusive of GST;
(b) A separate purchase order for the Part 1 works in the amount of $59,412.75 exclusive of GST be issued for contingency to cover any additional works 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;
(c) Staff be authorized to retain the highest ranked and lowest priced bidder of RFP 173-R-08, Cole Engineering Group Ltd. for contract administration of Part 1 works for an upset fee limit of $33,831.00 inclusive of disbursements and exclusive of GST;
(d) A separate purchase order for a contingency amount of
$3,383.10 exclusive of GST be established to cover any additional contract
administration fees 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;
(e) Staff be authorized to retain a qualified geotechnical
consulting firm in accordance with the Town’s purchasing bylaw to provide
geotechnical and materials testing services during construction of Part 1 works
to an upset limit of $7,000.00 exclusive of GST;
(f) Funds in the amount of $534,176.55 be deposited into capital account 058-5350-8524-005 for construction, engineering and all related administration costs funded from the Waterworks Stabilization/Capital Reserve, to be recovered from the benefiting property owners with appropriate interest;
(g) Actual construction cost, all the engineering and related
administrative and financing costs front-ended by the Town form part of the
total project cost and be recovered in accordance with the requirements of
Section 391 of the Municipal Act;
(h) The necessary By-Law to levy the associated cost against the
benefiting properties be forwarded to Council for adopted when the final cost
of the project has been determined;
(i) The residents of Group 2 be permitted the option of payment
in the full of their allocated project cost at the time of the completion of
work or in installments over 10 years with interest payable at the 10 Year
Region of York Debenture Interest Rate in effect on the date the By-Law is
enacted, calculated annually in advance.
3) That
if less than two-thirds of the 68 lot owners support the installation of
the sewer by end of April 28, 2009:
(a) Staff be authorized to construct the sewer with one lateral to service #24 Glenbourne Park Drive only, subject to receipt of funding as detailed in recommendation 3(g) below;
(b) The contract for 082-T-09 Glenbourne and Glenridge Communities Sanitary Sewer be awarded to the overall lowest priced bidder Digit Excavating Inc. for Part 2 works only with one lateral in the amount of $38,610.00 exclusive of GST;
(c) A separate purchase order for the Part 2 works in the amount of $5,791.50 exclusive of GST be issued for contingency to cover any additional works 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;
(d) Staff be authorized to retain the highest ranked and lowest priced bidder of RFP 173-R-08, Cole Engineering Group Ltd. for contract administration for Part 2 works for an upset fee limit of $8,326.50 inclusive of disbursements and exclusive of GST;
(e) A separate purchase order for a contingency amount of $832.65
exclusive of GST be established to cover any additional contract administration
fees 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;
(f) Staff be authorized to retain a qualified geotechnical
consulting firm in accordance with the Town’s purchasing bylaw to provide
geotechnical and materials testing services during construction of Part 2 works
to an upset limit of $500.00 exclusive of GST;
(g) The actual construction cost, all the
engineering and related administrative and financing costs in the total amount
of $61,962.04 exclusive of GST be front-ended by the owner of #24 Glenbourne Park Drive;
(h) A new 2009 Right-Of-Way Assets Capital Budget be established for the construction and all related administrative costs to an upset limit of $57,567.94;
(i) The necessary By-Law to levy the associated cost by property
be prepared for lots #24, #26, 29 and #31 Glenbourne Park Drive in accordance
with the requirements of Section 391 of the Municipal Act 2001.
(j) The Mayor and Clerk be authorized to enter into an agreement with the owner of No. 24 Glenbourne Park Drive providing for the upfronting of the cost of the Part 2 works including an indemnity with respect to additional costs to the rest of the community and provision for recovery from the owners of Nos. 26, 29 and 31 Glenbourne Park Drive, and any other documents required to give effect to this resolution, to the satisfaction of the Chief Administrative Officer and Town Solicitor.
4) That the staff to report back on the process and the rate for wastewater charges for the residents who are connected to sanitary sewer only; and further,
5) That Staff be authorized and directed to do all things necessary, including the execution of documents, to give effect to this resolution.
CARRIED
(Councillor J. Virgilio
abstained)
(5) NATIONAL PUBLIC WORKS WEEK
MAY 17 – 23, 2009 “REVITALIZE, REINVEST, RENEW” (5.0)
See Item No. 3
under "Proclamations" Section of these minutes
(6) FEDERAL AND PROVINCIAL INFRASTRUCTURE
FUNDING PROGRAMS (7.0)
1) That
the presentation by Mr. J. Lustig entitled “Federal and Provincial
Infrastructure Funding Programs” be received; and,
2) That the Town of
1. West
Thornhill Storm and Sanitary Sewer Infrastructure Flood Remediation Works
($60M) which include:
- Sanitary Sewer Rehabilitation
($37.5M)
- Storm Sewer Rehabilitation (50% of
$40M or $20M)
- Watercourse Rehabilitation and
Environmental Remediation (50% of 5M or 2.5M)
2. Facility Accessibility, Energy and
Emergency Operations Centre Retrofit and Rehabilitation Project ($7.2M) which
include:
- Facility Energy Retrofits ($3.0M)
- Facility Accessibility Retrofits ($3.2M)
- Emergency Operations Centre Rehabilitation ($1.0M)
3. Thornhill
Community Centre Library Renovations and Additions Project ($6.0M) which
includes:
- Renovation to lower level (old
fitness centre) – renovate 10,880 sq. ft. and add 3,260 new construction for
the purposes of youth, seniors and general programming space
- The retrofit of the existing
double-height library theatre/auditorium space to provide for multi-purpose
rooms, children centre, computer training room and study rooms
- The rehabilitation of part of the
existing library
CARRIED
6(b) REPORT NO. 26 - DEVELOPMENT SERVICES COMMITTEE (April 21, 2009)
Council consented to separate Item Nos. (1) and (4).
Moved by Councillor J. Webster
Seconded by Councillor D. Horchik
That Report No. 26 - Development Services Committee comprised of 5
items be received and adopted, except Item No. (1) and (4). [See following Item
Nos. (1) and (4)].
(1) ROUGE RIVER WATERSHED
PLAN IMPLEMENTATION GUIDE (10.0)
Report Appendix A and B Appendix D
1) That the staff report entitled Rouge River Watershed Plan Implementation Guide be received; and,
2) That this staff report be forwarded to the Toronto and Region Conservation Authority, Region of York and the Rouge Park as the Town’s response to the Rouge River Watershed Implementation Guide; and,
3) That the Town continue to work with the TRCA and other stakeholders on how best to meet the overall objectives of the Guide in the context of respective roles, responsibilities and funding capabilities; and,
4) That staff report back regarding future capital and operational costs associated with these guidelines as well as potential funding sources; and,
5) That the Town pursue with the TRCA the development of a Memorandum of Understanding (MOU), to address roles responsibilities and funding arrangements; and,
6) That
the Memorandum of Understanding be brought back to the Development Services
Committee for approval; and further,
7) That
the Mayor and Staff be authorized and directed to do all things necessary to
give effect to this resolution.
CARRIED
(2) MAIN STREET RESIDENCE (UNIONVILLE) INC.
(“THE ROCKPORT GROUP”)
ZONING BY-LAW AMENDMENT AND
SITE PLAN APPLICATIONS TO
PERMIT
THE DEVELOPMENT OF A
RETIREMENT RESIDENCE
AT 34 MAIN STREET SOUTH,
UNIONVILLE.
MARKHAM CENTRE
(ZA 06 120486 & SC 08 128054)
(10.5)
1) That
the report dated April 21, 2009 titled “RECOMMEN
2) That the record of the Public Meeting held on November 4, 2008 regarding the proposed Zoning By-law Amendment be received; and,
3) That the Zoning By-law amendment application (ZA 06 120486) submitted for 34 Main Street South Unionville be approved, and that the draft implementing Zoning By-law (ZA 06 120486) to amend Zoning By-law 122-72, as amended, be finalized and enacted by Council at a later date, upon resolution of all of the site plan issues identified in this report, to the satisfaction of the Town; and,
4) That
the proposed retirement residence use and site plan for Phases 1 and 2 be
endorsed in principle, subject to the conditions attached as Appendix ‘A’,
amended as follows:
3 (c) The
Owner enters into a cost sharing agreement with the York Region District School
Board and the Town, for the storm sewers including stormwater management, in
the Bill Crothers Secondary School site or alternative arrangements to the
satisfaction of the Director of Engineering; and,
5) That
Site Plan approval be deferred to the May 19, 2009 Development Services
Committee meeting; and,
6) That the proposed retirement residence shall be considered as an institutional use for servicing allocation purposes and cash-in-lieu of parkland dedication; and,
7) That
the Chief Administrative Officer and the Town Solicitor be authorized to
negotiate an agreement, and the Mayor and Clerk be authorized to enter into
said agreement with the York Region
8) That
the Mayor and Town Clerk be authorized to enter into an agreement with the York
Region District School Board, the Owner, and any other benefiting landowners
for the construction of storm sewers including stormwater management facilities
in the Bill Crothers Secondary School site, and easements for municipal service
vehicles to the satisfaction of the Chief Administrative Officer and the Town
Solicitor; and,
9) That
Council authorizes the Mayor and Town Clerk to enter into a construction
agreement for Street ‘A’, if required; and further,
10) That Staff be authorized and directed to do all things necessary to give effect to this resolution.
CARRIED
(3) COTTONLANE ESTATES INC.
ZONING BY-LAW
AMENDMENT AND
SITE PLAN APPLICATIONS TO
FACILITATE
A MIXED-USE BUILDING AND
STACKED TOWNHOUSE
DEVELOPMENT WITH A PARK, AND
AMENDMENTS
TO CONDITIONS OF DRAFT
APPROVAL OF THE
PLAN OF SUBDIVISION
158, 168 & 178 OLD KENNEDY
ROAD
MILLIKEN MAIN STREET
(ZA 07 133824, SC 07 133898
& SU 05 023993) (10.5, 10.6, 10.7)
1) That
the report dated
2) That
the record of the Public Meeting held on March 18, 2008 regarding the proposed
Zoning By-law amendment be received; and,
3) That
the Zoning By-law amendment application (ZA 07 133824) submitted for 158, 168
& 178 Old Kennedy Road be approved, and that draft implementing Zoning By-law
(ZA 07 133824) to amend Zoning By-law 177-96, as amended, be finalized and
enacted by Council; and,
4) That
the Site Plan application (SC 07 133898) be endorsed in principle, subject to
the conditions attached as Appendix ‘A’; and,
5) That
Site Plan approval be delegated to the
6) That
servicing allocation for the 78 stacked townhouse units and the mixed-use
building consisting of 28 residential units, be granted by Council and allotted
through the Trustee of the Landowners Group; and,
7) That
the Council resolution dated June 12, 2007 (Appendix ‘B’) be amended to delete
the requirement for a No Pre-Sale Agreement, prior to the issuance of draft
plan approval; and,
8) That
the revised conditions of draft approval for the Plan of Subdivision (Appendix
‘C’), which incorporates recommendations from Heritage Markham to address the
demolition of the previously existing house of heritage significance located at
158 Old Kennedy Road, be approved; and,
9) That
the revised draft plan of subdivision (19TM-05019), (Figure 6), be approved;
and further,
10) That Staff be authorized and directed to do all things necessary to give effect to this resolution.
CARRIED
(4) BOX GROVE DEVELOPMENTS INC.
APPLICATIONS FOR OFFICIAL
PLAN AND
ZONING BY-LAW AMENDMENTS TO PERMIT
SINGLE RETAIL PREMISES WITH A
MAXIMUM
FLOOR AREA OF 18,000 M² AND A
MINIMUM FLOOR
AREA OF 93 M², AND ADDITIONAL
USE PERMISSIONS
FOR A SHOPPING CENTRE AT 500
COPPER CREEK DRIVE,
BOX GROVE COMMUNITY
(OP 08-121619 AND ZA 08-121691)
(10.3, 10.5)
Report Appendix A-D Appendix E-H Letters
1) That the correspondence dated April 14, 2009 from Mr. Silvio DeGasperis, Box Grove Hill Developments Inc. for the above subject matter; and,
2) That the correspondence dated April 8, 2009 from Mr. David Stewart, Box Grove Hill Developments Inc. providing letters of support for the above subject matter from the following:
1. Letter
from Northtown Medical Centre Inc. dated
2. Letter
from Mandarin Restaurant dated
3. Letter
from Wild Wing dated
4. Letter from Bridges Bar & Restaurant;
5. Letter
from Anytime Fitness dated
6. Letter
from Pizza Nova dated
7. Letter
from Markham-Stouffville Urgent Care Centre dated
3) That the correspondence dated April 6, 2009 from Mr. Tom Farrar, Chair, Box Grove Community Association for the above subject matter; and,
4) That the correspondence dated April 20, 2009 from the Legacy Community Ratepayers’ Association for the above subject matter, and further,
5) That the correspondence dated April 15, 2009 from Mr. Anthony Longo, President & CEO, Longo's for the above subject matter, be received.
6) That the staff report dated April 21, 2009 entitled
“RECOMMENDATION REPORT, Box Grove Developments Inc., Applications for Official
Plan and Zoning By-law Amendments to permit single retail premises with a
maximum floor area of 18,000 m² and a minimum floor area of 93 m², and
additional use permissions for a shopping centre at 500 Copper Creek Drive, Box
Grove Community, File: OP 08-121619 and ZA 08-121691”, be received; and,
7) That the applications by Box Grove
Developments Inc. for Official Plan and Zoning By-law amendments, be approved; and,
8) That staff undertake a review of traffic circulation and
appropriate signalization into this development prior to site plan approval;
and further,
9) That Staff be authorized and directed to do all things necessary to give effect to this resolution.
CARRIED
(See following recorded vote)
(8:2)
YEAS: Mayor F. Scarpitti, Deputy Mayor J. Heath, Regional Councillor J. Jones, Councillor C. Moretti, Councillor J. Webster, Councillor D. Horchik, Councillor L. Kanapathi, Councillor A. Chiu. (8)
NAYS: Councillor V. Burke, Councillor J. Virgilio. (2)
ABSENT: Regional Councillor T. Wong, Regional Councillor G. Landon, Councillor E. Shapero. (3)
(5) AWARD OF TENDER #029-T-09
WOODBINE BY-PASS
CONSTRUCTION
ELGIN MILLS ROAD TO HONDA
BOULEVARD
PHASES 2 AND 3A (7.12.2)
Report Attachment A Attachment B
1) That
the report entitled “Award of Tender # 029-T-09 Woodbine Avenue By-pass
Construction – Phases 2A, 2B, and 3A” be received; and,
2) That
the tender be awarded to Con-drain
Company (1983) Ltd., in the total amount of $2,678,869.08, inclusive of
1.5% discount for payment within 15 business days and exclusive of GST, subject
to the receipt of funding as described in this report; and,
3) That
the tender award be subject to execution of the Tri-Party Agreement between the
Region of York, Town of Markham and the 404 North Developers or alternative
legal arrangements to the satisfaction of the Chief Administrative Officer and
Town Solicitor; and,
4) That
a contingency amount of $267,886.91, exclusive of GST be established to cover
any additional construction costs and that the Director of
5) That
staff be authorized to issue a Purchase Order to Powerstream Ltd. up to a
maximum amount of $80,000 to cover the cost of connecting the street lighting
and traffic signal systems to the existing electrical distribution network; and,
6) That
staff be authorized to retain Masongsong
Associates Engineering Limited as preferred supplier to provide construction
inspection, contract administration services, geotechnical material testing,
and inspection of electrical works during construction of the project to an
upset limit of $215,173.00 exclusive of GST, in accordance with
7) That
a contingency amount of $31,500 exclusive of GST be established to cover any
additional construction inspection, contract administration costs, geotechnical
material testing, inspection of electrical works and that the Director of
8) That the sidewalk and
illumination portions of the tender $235,034.77 and $185,353.59 respectively,
exclusive of GST be funded from the
9) That staff be authorized to obtain competitive quotes from Masongsong Associates Engineering and AECOM for the contract administration and inspection for Phase 1A and 3B before the tendering process for such construction projects, and retain AECOM or Masongsong as preferred supplier for such contract administration and inspection in accordance with Purchasing By-law 2004-341, Part II, Section 7(i); and,
10) That
the funding be provided from the summary listed in the Financial Considerations
section of this report. And that all
funding received from external sources (ie. Region of York, Cathedral
Developers Group, and 404 North Developers Group) be deposited into Engineering
Department’s Capital Account # 83-5350-8441-005; and further,
11) That staff be authorized and directed to do all things necessary, including the execution of documents, to give effect to the above.
CARRIED
6(c) REPORT NO. 27 - DEVELOPMENT SERVICES
PUBLIC MEETING
(April 21, 2009)
Moved by Councillor J. Webster
Seconded by Councillor D. Horchik
That Report No. 27 - Development Services Committee comprised of 1 item
be received and adopted.
(1) TSL INVESTMENTS LTD.
(FORMERLY HAGERMAN-CORNER
DEVELOPMENT INC.)
(FORMERLY HAGERMAN VILLAGE)
DUFFIELD DRIVE, WEST OF
KENNEDY ROAD
APPLICATIONS FOR ZONING BY-LAW
AMENDMENT
AND SITE PLAN APPROVAL FOR A RESTAURANT
DEVELOPMENT
(ZA 06 135304 AND SC 06
135327) (10.5, 10.6)
1) That the correspondence from Lawrence Small, VP Finance,
Fairmount Books Inc., be received; and,
2) That
the Record of the Public Meeting held on April 21, 2009, with respect to the
application by TSL Investments Ltd. to amend By-law 108-81, as amended, to
permit a private school/nursery school on the north side of Duffield Drive,
west of Kennedy Road, be received; and,
3) That
the application by TSL Investments Ltd. to amend By-law 108-81, as amended, to
permit a private school/nursery school on the north side of Duffield Drive,
west of Kennedy Road, be approved; and,
4) That
the proposed amendment to By-law 108-81, as amended, be enacted without further
notice; and further;
5) That staff be authorized and directed to do all things necessary to give effect to this resolution.
CARRIED
6(d) REPORT NO. 28 - GENERAL COMMITTEE (April 27, 2009)
Council consented to add Report No. 28.
Moved by Councillor J. Virgilio
Seconded by Councillor C. Moretti
That Report No. 28 - General Committee comprised of 2 items be received and adopted.
(1) MARKHAM ENVIRONMENTAL
SUSTAINABILITY FUND – SPRING
2009 (5.7)
1) That staff report
“Markham Environmental Sustainability Fund (MESF) – Spring 2009 Funding”, dated
April 27, 2009, be received; and,
2) That Council approve funding for three
community projects and two staff projects in the amount of $30,400; and,
3) That application by Sir Wilfred Laurier
Public School, for an outdoor classroom, be approved, for $5,000 in funding,
subject to the review and approval of tree species and revised site plan by
Parks Staff; and,
4) That the Ontario Streams application
for a stream rehabilitation project be approved, for $5,000 in funding,
conditional on monitoring the site to prevent establishment of invasive species
and that recognition for MESF funding be provided on their website; and,
5) That the revised application for the
Markham Green Neighbourhood Speaker Series on sustainable landscapes be
approved for funding of $2,400; and,
6) That the application for a School Safe
Cycling Education Pilot Project be approved in the amount of $10,050; and,
7) That the application for a Native Plant
Demonstration Garden be approved in the amount of $7,950; and,
8) That Unionville Meadows Public School
be requested to return all remaining MESF funds from their previously approved
Waste Audit project, but that recognition of the School’s Waste Audit project
be made at Council and that their request for an additional $2,600 for camera
equipment not be approved; and,
9) That funds come from the Markham
Environmental Sustainability Fund (MESF), account #87 2800168; and further,
10) That Staff be authorized
to do all things necessary to give effect to the above.
CARRIED
(2) MARKHAM
TREES FOR TOMORROW
SPRING FUNDING 2009 (5.7)
1) That
the staff report entitled “
2) That Council approve funding for the four applications in the amount of $110,000.00, from the Trees for Tomorrow Fund (account #087-2800-170) as per the recommendations contained in this staff report; and,
3) That Staff be authorized and directed to do all things necessary to give effect to this resolution.
CARRIED
7. MOTIONS
(1) OLYMPIC
TORCH RELAY COMMITTEE MEMBERS APPOINTMENT (16.24)
Moved
by Councillor A. Chiu
Seconded
by Councillor C. Moretti
Whereas the Olympic Torch Relay in advance of the Winter Olympic Games
and the Winter Paralympic Games to be held in Vancouver, B.C. in 2010 will be
coming through Markham on December 17, 2009; and
Whereas the Town of Markham has been selected as an Olympic Torch
Celebration City; and
Whereas the Town of Markham is expected to prepare a one-hour
entertainment program in advance of the arrival of the torch on December 17;
and
Whereas the Town of Markham has an opportunity to recommend an Olympic
Torch Bearer to bring the torch to the stage and light a representative
cauldron at the December 17 event;
1) Be
it resolved that the following be appointed to participate on Markham’s Olympic
Torch Relay Committee to assist with the planning in advance of the arrival of
Torch; to provide guidance for the December 17 program of events; and to
nominate the Town of Markham representative Torch Bearer:
Mayor Frank Scarpitti, Chair
Superintendent Robert Rouse - York Regional Police
Constable Melanie Moffitt - York Regional Police
Ms. Celeste Pellicione - Markham Arts Council
Mr. Jobson Easow - Markham Race Relations Committee
Mr. Richard Cunningham - Markham Board of Trade
Mr. Benedict Leung - Markham/Richmond Hill Chinese Business Association
Ms. Caroline
Palgrabia - Ministry of Tourism, Regional Office
Ms. Maria Bosnjak -
Coca Cola
Mr. Greg Armstrong -
Royal Bank
Mr. Lorne Smith -
Markham Historian
Ms Joann Chechalk -
Chief of Staff
Fire Chief Bill
Snowball - Fire & Emergency Services
Mr. John Ryerson -
Director, Culture
Mr. Bob Walter -
Operations District Manager, East
Ms. Janet Carnegie -
Director, Communications & Community Relations
Ms. Anna Rose -
Manager, Community Relations
Mr. Warren Rupnarain - Accessibility
Coordinator
CARRIED
(See following motion to
consider)
Moved
by Regional Councillor J. Jones
Seconded
by Councillor A. Chiu
That
Council consider the proposed motion regarding the appointment of members to
the Olympic Torch Relay Committee.
CARRIED
(2/3rd vote to consider was
required and obtained)
8. NOTICES OF MOTIONS
There were no notices of motions.
9. COMMUNICATIONS
Moved by Councillor A. Chiu
Seconded by Councillor V. Burke
That Council
receive and consent to the disposition of communications in the following
manner:
Referred to all Members of
Council
17-2009 Minister of Citizenship
and Immigration - Calling nominations for the 2009 Lincoln M. Alexander Award
to honour young Ontarians who have demonstrated exemplary leadership in
contributing to the elimination of racial discrimination. The deadline for nominations is May 31, 2009.
18-2009 Unionville Village Festival - Forwarding a request to close the followings roads to facilitate the Unionville Village Festival:
Saturday,
June 6, 2009 (7:00 a.m. to 7:30 p.m.)
- Main
Street Unionville north from Highway 7 to south of Bridle Trail
- Fred
Varley Drive west from Main Street to east of Fonthill Boulevard
- Fred
Varley Drive west of EJ Lennox Way east of plaza driveway (will have limited
access for residents)
- Carlton
Road west of Wembley Avenue to Chamberry Crescent
- No
access from Main Street Unionville east onto:
Eckardt
Avenue
Maple
Lane
Victoria
Avenue
Carlton
Road
- No access from Main Street Unionville
west onto:
Pavilion Street
Euclid Street
Station Lane
Fred Varley Drive
Main Street Lane (west)
Carlton Road (east & west)
- No
access from Main Street Unionville east onto:
Library
Lane
Bridle
Trail
- No access from Main Street Unionville
west onto:
Toogood
Pond Park
Sunday, June 7, 2009 (8:00 a.m. to 6:00 p.m.)
- Main
Street Unionville north from Concession Road to south of Carlton Road
- No
access from Main Street Unionville east onto:
Carlton
Road
- No
access from Main Street Unionville west onto:
Fred
Varley Drive
Carlton Road (3.5.4)
19-2009 Manager, Markham Village
BIA - Requesting an approval from the Town of Markham regarding the
applications of temporary extension to the outdoor liquor licence to be
utilized in conjunction with the various community festivals being held during 2009
summer. The applications are as follows:
Events, dates and hours
a) The Markham Village Music Festival
(Friday
& Saturday, June 19 and 20, 2009 from 4:00 p.m. to 11:00)
b) Pedestrian Days
(Sundays,
May 24, 2009 and July 21, 2009 from 11:00 a.m. to 6:00 p.m.)
c) Markham Jazz Festival
(Sunday,
August 16, 2009 from 11:00 .m. to 6:00 p.m.)
d) Main Street
Markham Auto Classic
(Sunday, September 13,
2009 from 11:00 a.m. to 6:00 p.m.)
Establishments applying for the extension of liquor
licence
(The
extensions of the liquor licence are for the outdoor areas created by using the
sidewalks located directly in front of the following establishments while the
street is closed to vehicular traffic)
- The
Duchess of Markham, 53 Main St. N. Markham
- Main’s
Mansion Restaurant and Bar, 144 Main St. N., Markham
- Al
Dente Restaurant, 39 Main St. N., Markham
- Folco’s
Restaurant, 42 Main St. N., Markham
- My
Favourite Pastry Chef, 58 Main St. N. Markham
- The
Artisan Pub, 48 Main Street North, Markham
(The application
for Artisan Pub for all events is from 11:00 a.m. to
11:00 p.m., as the extended hours will be specifically for the patio beside the
establishment.
In addition to the date Sunday, August 16,
2009 for Markham Jazz Festival, the Artisan Pub is applying for additional
dates of Thursday to Saturday, August 13 to 15, 2009). (3.21)
CARRIED
10. PROCLAMATIONS
(1) PROCLAMATIONS:
- CHILDREN'S MENTAL HEALTH
WEEK
- EMERGENCY PREPAREDNESS WEEK
(3.4)
Moved by Councillor A. Chiu
Seconded by Councillor C. Moretti
1) That
the following be proclaimed in the Town of Markham:
- Children's Mental Health Week (May 2 to 9, 2009)
- Emergency Preparedness Week (May 3 to 9, 2009); and,
2) That the Communications and Community Relations Department
be requested to publish the above proclamations in the local newspapers.
CARRIED
(2) WOMEN’S
SUPPORT NETWORK
OF YORK REGION (13.0)
Moved by Councillor J.
Virgilio
Seconded by Councillor L.
Kanapathi
Whereas
statistics indicate that sexual violence continues to be a serious concern to
all communities in York Region; and,
Whereas the
Women’s Support Network of York Region provides critical support to victims of
sexual assault, including a confidential crisis line, public outreach
initiatives and crisis counselling; and,
Whereas the
Women’s Support Network of York Region has organized a regional walk with
starting point in Markham to raise awareness about sexual assault on May 29 and
30 with the theme “Back to Basics: Ensuring a Strong Foundation”; and,
Whereas May is
recognized in Ontario as “Sexual Assault Prevention Month” and proclaimed as
such by many municipalities;
Therefore be it resolved:
1) That the presentation by Ms. S. Dobson on behalf of the
Women’s Support Network of York Region be received; and,
2) That the Council proclaim the month of May “Sexual Assault
Prevention Month” in the Town of Markham; and,
3) That the Communications and
Community Relations Department be requested to publish this proclamation in the
local newspapers; and further,
4) That staff forward details regarding the May 29 and May 30
“Back to Basics: Ensuring a Strong Foundation” awareness walk to Town’s
Advisory Committee on Accessibility for their information.
CARRIED
(3) NATIONAL
PUBLIC WORKS WEEK
MAY 17
– 23, 2009 “REVITALIZE, REINVEST, RENEW”(5.0)
Moved by Councillor J.
Virgilio
Seconded by Councillor L.
Kanapathi
1) That the Mayor and Council Proclaim the week of May 17-23, 2009, as ‘National Public Works Week’ in the Town of Markham; and,
2) That the Communications and
Community Relations Department be requested to publish this proclamation in the
local newspapers; and further,
3) That Staff be authorized and directed to do all things necessary to give effect to this resolution.
CARRIED
11. NEW/OTHER BUSINESSES
There were no new/other businesses.
12. BY-LAWS
There were no by-laws.
13. IN-CAMERA ITEMS
Council considered In-Camera Item No. 1 regarding 2009 Collective Bargaining between the Corporation of the Town of Markham and the Markham Professional Firefighter’ Association during the regular portion of the meeting and did not go into in-camera session.
(1) 2009 COLLECTIVE
BARGAINING BETWEEN
THE CORPORATION OF THE TOWN OF MARKHAM
AND THE PROFESSIONAL FIREFIGHTERS’ ASSOCIATION (11.6)
Moved by Regional Councillor J. Jones
Seconded by Councillor D. Horchik
1) That the confidential report entitled “2009 Collective Bargaining between the Corporation of the Town of Markham and the Markham Professional Firefighter’ Association” and the in-camera presentation be received; and,
2) That Staff be directed to do all things necessary to give effect to this report.
CARRIED
14. CONFIRMATORY BY-LAW
Moved by Councillor A. Chiu
Seconded by Councillor V. Burke
That By-law
2009-43 be given three readings and enacted.
Three Readings
BY-LAW 2009-43 A by-law to confirm the proceedings of the Council meeting of April
28, 2009.
(Council Meeting No. 7, 2009)
CARRIED
15. ADJOURNMENT
Seconded
by Deputy Mayor J. Heath
That the meeting do adjourn.
CARRIED
Council adjourned at 8:21 p.m.
___________________________________ _____________________________________
KIMBERLEY KITTERINGHAM FRANK SCARPITTI
TOWN CLERK MAYOR
(Signed)