November 10, 2009

COUNCIL MINUTES Council Chamber, Civic Centre

Meeting No. 16

 

ROLL CALL

Mayor F. Scarpitti, Deputy Mayor J. Heath, Regional Councillor J. Jones, Regional Councillor G. Landon, Regional Councillor J. Virgilio, Councillor V. Burke, Councillor E. Shapero, Councillor C. Moretti, Councillor J. Webster, Councillor D. Horchik, Councillor L. Kanapathi, Councillor A. Chiu.

 

 

STAFF

J. Livey, Chief Administrative Officer

J. Baird, Commissioner of Development Services

B. Librecz, Commissioner of Community and Fire Services

A. Taylor, Commissioner of Corporate Services

L. Riegel, Assistant Town Solicitor

B. Cribbett, Treasurer

K. Kitteringham, Town Clerk

Andrew Brouwer, Deputy Clerk

J. Wong, Technology Support Specialist

D. Flaherty, Manager, Strategic Communications

L. Lustig, Director of Financial & Client Services

B. Snowball, Fire Chief

P. Loukes, Director of Operations

 

 

 

The Regular Meeting of Council was held on November 10, 2009 at 7:02 p.m. in the Council Chamber, Civic Centre.  Mayor F. Scarpitti presided.

 

 

 

1.         DISCLOSURE OF PECUNIARY INTEREST

 

(1)        None declared.

 


 

2.         MINUTES

 

(1)        COUNCIL MINUTES - OCTOBERT 27, 2009

            Minutes

 

Moved by Councillor A. Chiu

Seconded by Regional Councillor G. Landon

 

That the Minutes of the Council Meeting held on October 27, 2009, be adopted.

 

CARRIED

 

 

 

3.         PRESENTATIONS

 

(1)        a)   GOVERNMENT FINANCE OFFICERS’
      ASSOCIATION OF NORTH AMERICA'S
      DISTINGUISHED BUDGET PRESENTATION AWARD

b)   GOVERNMENT FINANCE OFFICERS’
      ASSOCIATION OF NORTH AMERICA (GFOA)
      CANADIAN AWARD FOR FINANCIAL REPORTING

c)  
2010 BUDGET PROCESS RECOGNITION (7.4 and 12.2.6)

 

Councillor D. Horchik, Chair, Budget Sub-Committee, advised Council the Town of Markham was presented with the 2009 Government Finance Officers’ Association of North America's Distinguished Budget Presentation Award, for the ninth 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. 

 

Councillor Horchik also advised Council the Town of Markham was presented with the 2007 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.  It was noted the announcement for the 2008 Award is pending.


 

Councillor Horchik thanked Mayor Scarpitti and Members of Council, and Town staff for their significant effort in achieving a very successful budget, including:

 

Members of Budget Sub-Committee:

Deputy Mayor Jack Heath, Regional Councillor J. Jones, Councillor V. Burke, Councillor E. Shapero, Councillor J. Webster, Councillor L. Kanapathi, Councillor A. Chiu.

 

Staff:

            John Livey, Jim Baird, Brenda Librecz, Andy Taylor, Catherine Conrad, Sharon Laing, Barb Cribbett, Joel Lustig, Andrea Tang, Matthew Vetere.

 

Mayor Scarpitti thanked Councillor Horchik for his leadership and staff for their dedicated involvement throughout the budget process and for winning several awards which represent a significant achievement by the Town of Markham.

 

 

 

4.         DELEGATIONS

 

Moved by Regional Councillor J. Virgilio

Seconded by Deputy Mayor J. Heath

 

That Marion Matthias be given approval to address Council regarding the proposed Town of Markham 2010 Budget.

 

CARRIED

 

 

(1)        Marion Matthias addressed Council regarding the proposed Town of Markham 2010 Budget.  She inquired the funding allocated to Thornhill Community for flowers, lights and stormwater initiatives. (7.4 & 7.5)

 

 

 

5.         PETITIONS

 

There were no petitions.

 

 


 

6(a)      REPORT NO. 67 - GENERAL COMMITTEE (October 26, 2009)

 

Council consented to separate Item No. 2.

 

Moved by Regional Councillor G. Landon

Seconded by Councillor A. Chiu

 

That Report No. 67 - General Committee comprised of 2 items be received and adopted, except Item No. 2. (See following Item No. 2)

 

 

(1)        THORNHILL COMMUNITY CENTRE &
LIBRARY INFRASTRUCTURE
RENOVATION PROJECT (5.0)

            Presentation

 

1)         That the presentation entitled “Thornhill Community Centre & Library Infrastructure Renovation Project” be received; and

 

2)         That Council approve the design in principle and that staff report back at the November 9, 2009 General Committee meeting.

 

CARRIED

 

 

(2)        AWARD OF PROPOSAL 190-R-09
SUPPLY & INSTALL SOLAR
PHOTOVOLTAIC (PV) RENEWABLE
ELECTRICITY GENERATION
AT THE CIVIC CENTRE (5.7 & 7.12)

            Report

 

1)         That the staff Report titled, “Award of Proposal 190-R-09 Supply & Install Solar Photovoltaic (PV) Renewable Electricity Generation at the Civic Centre” be received; and,

 

2)         That Council authorize the installation of a 9.6 kW solar PV panels on the roofs and walls of the third floor Mechanical Rooms at the Civic Centre, as shown in the attached picture; and,

 

3)         That Staff be authorized to award Contract 190-R-09 to the highest ranked and lowest priced bidder, Dasd Contracting Inc. in the amount of $98,500 inclusive of PST and exclusive of GST; and,


 

4)         That a separate purchase order in the amount of $14,775 exclusive of GST be issued for contingency to cover any additional 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; and,

 

5)         That the award be funded from capital budget account 77-5350-8535-005 (MESF - PV Panels on Roof of Markham Civic Centre/Other Facilities); and,

 

6)         That the Director, Sustainability Office, be authorized to apply for Ontario Feed-in tariff incentive; and,

 

7)         That the Mayor and Clerk be authorized to enter into Contract with financial incentive providers in a form acceptable to the Town solicitor; and,

 

8)         That the estimated annual energy rebate from Ontario’s Feed-in-Tariff (FIT) program (in amount of $10,896 a year) be built into the Civic Centre Operating Budget with the first $113,275 going towards the Lifecycle Reserve for the capital project payback, the rest of which will be used to offset annual hydro costs.  This estimated amount will be adjusted in future years’ budgets based on the actual amount received in the first year of operations; and,

 

9)         That Council be advised on the progress of the project following implementation as required; and,

 

10)       That Council thank staff for their dedicated involvement in the Solar Photovoltaic (PV) Renewable Electricity Generation at the Civic Centre, including Viive Sawler and Atiq Rahman; and further,

 

11)       That Staff be authorized and directed to do all things necessary to give effect to this resolution.

 

CARRIED

 

 

            Council consented to add the following paragraphs as Resolution Nos. 9) and 10):

 

"9)        That Council be advised on the progress of the project following implementation as required; and,

 

10)       That Council thank staff for their dedicated involvement in the Solar Photovoltaic (PV) Renewable Electricity Generation at the Civic Centre, including Viive Sawler and Atiq Rahman;"

 

 


 

6(b)      REPORT NO. 68 - DEVELOPMENT SERVICES COMMITTEE
(November 3, 2009)

 

Moved by Councillor J. Webster

Seconded by Councillor D. Horchik

 

That Report No. 68 - Development Services Committee comprised of 7 items be received and adopted.

 

 

(1)        RELEASE AND REPLACEMENT OF EASEMENT
            TO ANGUS GLEN VILLAGE LTD.
            OVER PART OF LOT 89, PLAN 65M-4085,
            DESIGNATED AS PART 3, PLAN 65R-31103
            - AND -
            TRANSFER OF REPLACEMENT EASEMENT
            FROM ANGUS GLEN VILLAGE LTD. TO THE TOWN
            OVER PART OF LOT 89, PLAN 65M-4085,
            ESIGNATED AS PARTS 1 AND 3, PLAN 65R-31673 (8.1)

            Report  Attachment

 

1)         That the report entitled, “Release and Replacement of Easement to Angus Glen Village Ltd. over Part of Lot 89, Plan 65M-4085, designated as Part 3, Plan 65R-31103 and Transfer of Replacement Easement from Angus Glen Village Ltd. to the Town over Part of Lot 89, Plan 65M-4085, designated as Parts 1 and 3, Plan 65R-31673”, dated November 3, 2009, be received; and,

 

2)         That the Mayor and Clerk be authorized and directed to execute a Release and Abandonment of Easement to Angus Glen Village Ltd. over Part of Lot 89, Plan 65M-4085, designated as Parts 3, Plan 65R-31103; and,

 

3)         That the Mayor and Clerk be authorized and directed to execute a replacement Transfer of Easement from Angus Glen Village Ltd. to the Town over Part of Lot 89, Plan 65M-4085, designated as Parts 1 and 3, Plan 65R-31673; and further,

 

4)         That staff be authorized and directed to do all things necessary to give effect to this resolution.

 

CARRIED

 


 

(2)        AUTHORIZATION TO UNDERTAKE INSPECTIONS
            AS PER THE
ONTARIO HERITAGE ACT (16.11)

            Report

 

1)         That the Manager of Heritage Planning and/or his designate which may include the Senior Heritage Planner, the Heritage Planner or the Urban Design Planner (Heritage) be authorized by Markham Council to undertake inspections as per Section 38 of the Ontario Heritage Act; and,

 

2)         That Staff be authorized and directed to do all things necessary to give effect to this resolution.

 

CARRIED

 

 

(3)        CABOTO TRAIL & STEELE VALLEY ROAD
            PARKING PROHIBITION (5.12.4)

            Report  Attachment

 

1)         That the report entitled “Caboto Trail & Steele Valley Road Parking Prohibition”, be received; and,

 

2)         That Schedule “C” of Traffic By-law 2005-188 be amended to prohibit parking on the west side of Caboto Trail, from the south property line of # 750 to the north property line of # 760; and,

 

3)         That Schedule “C” of Traffic By-law 2005-188 be amended to prohibit parking on the north side of Steele Valley Road, from Bayview Avenue to the west property line of # 45; and,

 

4)         That the Operations Department be directed to install the appropriate signs at the subject locations, funded through the Operations Department account # 83-5399-8402-005; and,

 

5)         That the Parking Control Department be directed to enforce the parking prohibition upon installation of the signs; and further,

 

6)         That staff be authorized and directed to do all things necessary to give effect to this resolution.

            (By-law 2009-157)

 

CARRIED

 


 

(4)        RODICK ROAD & CALVERT ROAD
            HEAVY TRUCK PROHIBITION  (5.12)

            Report  Attachment

 

1)         That the report entitled “Rodick Road & Calvert Road Heavy Truck Prohibition”, be received; and,

 

2)         That Schedule 14 of Traffic By-law 106-71 be amended to rescind the heavy truck prohibition on Rodick Road, between Highway #7 and Fairburn Drive; and,

 

3)         That Schedule 14 of Traffic By-law 106-71 be amended to prohibit heavy truck traffic on Rodick Road, between Apple Creek Boulevard and Woodbine Avenue; and,

 

4)         That Schedule 14 of Traffic By-law 106-71 be amended to prohibit heavy truck traffic on Calvert Road, between Woodbine Avenue and Rodick Road; and,

 

5)         That the Operations Department be directed to install & remove the appropriate signs at the subject locations, funded through the Operations Department account # 83-5399-8402-005; and,

 

6)         That York Region Police be directed to enforce the heavy truck prohibition upon installation of the signs; and further,

 

7)         That staff be authorized and directed to do all things necessary to give effect to this resolution.

            (By-law 2009-158)

 

CARRIED

 

 

(5)        NEAMSBY INVESTMENTS INC.
            OFFICIAL PLAN AND ZONING BY-LAW AMENDMENTS
            TO PERMIT LIMITED STAND ALONE RETAIL USES
            AND RESTAURANTS AT
1181-1271 DENISON STREET
            (OP 08 120986 & ZA 08 120996) (10.3, 10.5)

            Report  Attachment 

 

1)         That the report dated November 3, 2009 titled “RECOMMENDATION REPORT, Neamsby Investments, Official Plan and Zoning By-law amendments to permit limited stand alone retail uses and restaurants at 1181-1271 Denison Street (OP 08 120986 & ZA 08 120996),” be received; and,


 

2)         That the Official Plan amendment application (OP 08 120986) submitted for 1181-1271 Denison Street, be endorsed, and that the draft implementing Official Plan amendment (OP 08 120986) be adopted by Council at a later date, after submission of a site plan application and resolution of the site plan issues identified in this report, to the satisfaction of the Town; and,

 

3)         That the Zoning By-law amendment application (ZA 08 120996) submitted for 1181-1271 Denison Street be endorsed, and that the draft implementing Zoning By-law amendment (ZA 08 120996) be enacted by Council at a later date, after submission of a site plan application and resolution of the site plan issues identified in this report, to the satisfaction of the Town; and further,

 

4)         That Staff be authorized and directed to do all things necessary to give effect to this resolution.

 

CARRIED

 

 

(6)        GREENSBOROUGH NORTH GROUP
            SOUTH OF MAJOR MACKENZIE DRIVE
            BETWEEN DONALD COUSENS PARKWAY
            AND THE GO TRANSIT RAIL CORRIDOR
            GREENSBOROUGH COMMUNITY
            APPLICATIONS FOR DRAFT PLAN OF SUBDIVISION APPROVAL
            AND IMPLEMENTING ZONING BY-LAW AMENDMENTS
            (SU 06 109380 (19TM-06009) AND ZA 06 109396) (10.7, 10.5)

            Report  Attachment

 

1)         That the report entitled “Recommendation Report, Greensborough North Group, South of Major Mackenzie Drive, between Donald Cousens Parkway and the GO Transit rail corridor,  Greensborough Community, Applications for Draft Plan of Subdivision Approval and Implementing Zoning By-law Amendments, SU 06 109380 (19TM-06009) and ZA 06 109396”, dated November 3, 2009, be received; and,

 

2)         That draft plan of subdivision 19TM-06009 submitted by Greensborough North Group, be draft approved subject to the conditions outlined in Appendix ‘A’; and,

 

3)         That the application submitted by Greensborough North Group to amend Zoning By-laws 304-87 and 177-76, as amended, be approved and the draft by-laws attached as Appendices ‘B’ and ‘C’, be finalized and enacted without further notice; and,

 

4)         That servicing allocation for 302.5 units (1,119.25 pop.) be granted to plan of subdivision 19TM-06009 from the total allocation for the Greensborough Community, assigned in accordance with the February 12, 2008 and May 19, 2009 staff reports on servicing allocation; and,


 

5)         That the Mayor and Clerk be authorized to enter into a No Presale Agreement with the Owners of Plan 19TM-06009 (302.5 units) which agreement shall be registered on title, committing the Owners not to enter into any agreements of purchase and sale with anyone, including other developers or builders, for the lands, until York Region has advised in writing that the expected completion of the Duffin Creek Water Pollution Control Plant expansion project and the YDSS Flow Control Structures project will be within twelve (12) months; and,

 

6)         That the Town reserves the right to revoke or reallocate the servicing allocation should the development not proceed in a timely manner; and,

 

7)         That the Region of York be advised of the servicing allocation for this development; and,

 

8)         That the applicant provide to the Town the 30% payment of the required subdivision processing fees in accordance with the Town’s Fee By-law (By-law 211-83, as amended by By-law 2008-257); and further,

 

9)         That Staff be authorized and directed to do all things necessary to give effect to this resolution.

 

CARRIED

 

 

(7)        PROCESS TO BUILD THE YONGE SUBWAY
            EXTENSION USING ALTERNATIVE FINANCING
            OVER A 50 YEAR TIME HORIZON (5.10)

            Memo

 

Whereas on June 15th 2007, the Honourable Dalton McGuinty Premier of the Province of Ontario and the Honourable Donna Cansfield then Minister of Transportation made a joint announcement “Move Ontario 2020”; and,

 

Whereas this joint announcement stated “The Ontario Government is launching a multi-year $17.5 million rapid transit action plan for the Greater Toronto Area and Hamilton that will deliver jobs and investment by reducing congestion”; and,

 

Whereas the Premier also stated “Tackling gridlock is one of the most important things we can do to build a strong and prosperous economy” and “Building a modern rapid transit system that moves people and goods quickly and efficiently will ensure we can attract and keep thousands of good high-paying jobs”; and,

 

Whereas the Premier also stated “The time to make this sort of ambitious but realistic investment is now.  Our economy demands it”; and,


 

Whereas the Premier went on to say “What is more, our families deserve it, because gridlock not only saps strength out of our economy, it steals time from our families”; and,

 

Whereas the projects listed as priorities in the Premier’s announcement included the extension of the “Yonge Subway line to Highway 7”,  “Expanded express bus service across Highway 407” and Toronto’s Transit City vision for light rail across the city; and,

 

Whereas Transportation Minister Donna Cansfield said the projects will be built over the next 12 years and financed over 50 years; and,

 

Whereas the Premier stated that “The GTA is one of the fastest growing regions in North America, increasing its population by approximately 100,000 people – and 50,000 cars – every year.  Commuting in the GTA currently takes 32 per cent longer than it would in free-flowing conditions.  The economic cost of congestion in the GTA is 6 billion per years, this will rise to $15 billion in 12-15 years if action is not taken now”; and,

 

Whereas recent transit initiative announcements by the Premier go a long way to achieving the “Move Ontario 2020” vision; and,

 

Whereas the Region of York immediately after the June 15th 2007 “Move Ontario 2020” announcement began the Environment Assessment for the Yonge Subway Extension at its cost to assist the Province in meeting its defined needs; and,

 

Whereas the Minister of the Environment has approved the Environment Assessment, leaving the Subway extension virtually shovel-ready; and,

 

Whereas the Town of Markham has completed a Transit Oriented Secondary Plan calling for in excess of 1,000 people and jobs per hectare (15,000 dwelling units and 20,000 full time jobs on 45 hectares) and the Town of Richmond is completing a Secondary Plans for a major Transit Oriented Development, both at the Richmond Hill/Langstaff Gateway; and,

 

Whereas a platform capacity problem has been identified at the Bloor Yonge Subway Stations and whereas the large building slated for development on the Southeast Corner of Yonge and Bloor has been put on hold, this would be an ideal time to begin construction to expand the capacity of the stations; and,

 

Whereas the funding to VIVA for Yonge Street and Highway 7 Bus Rapid Transit is appreciated, there is the one noticeable gap, being the Yonge Street Subway extension, which leaves buses in mixed traffic and gridlock from Highway 7 to Finch Ave; and,

 

Whereas the Province of Ontario is in a position that is not equal in many places in the world that is to have a made in Ontario Subway Solution: the tunnel boring machine, the rails, and subway cars are made in Ontario, the funding can be from Ontario sources and the leading engineers for subways are Ontario engineers, Ontario architects can design all stations and this province has some of the best contractors in the world;


 

Now therefore be it resolved:

 

1)         That the Town of Markham request the Federal Government to finalize a funding commitment for the Yonge Street Subway Extension and that this resolution be forwarded to the Prime Minister of Canada, the Federal Minister of Transportation, the Federal Minister of Finance and all the Town of Markham MPs; and,

 

2)         That the following resolution be deferred to the November 17, 2009 Development Services Committee meeting:

 

            "That the Honourable Dalton McGuinty, Premier of Ontario be requested to initiate the public process to implement the alternate financing method for the immediate Finance, Design, Build for the Yonge Subway Extension and the Yonge Bloor platform modification project and implement value engineering to study cost reductions; and,

 

            That the environmental assessment be modified to leave the subway alignment on Yonge Street at Richmond Hill Centre; and that consideration be given to a 1.0 kilometre extension to 16th Avenue and Yonge Street."

 

CARRIED

 

 

 

6(c)      REPORT NO. 69 - DEVELOPMENT SERVICES PUBLIC MEETING
(November 3, 2009)

 

Moved by Councillor J. Webster

Seconded by Councillor D. Horchik

 

That Report No. 60 - Development Services Public Meeting comprised of 2 items be received and adopted.

 

(1)        AMENDMENTS TO DEVELOPMENT FEE,
            BUILDING FEE AND TOWN WIDE FEE BY-LAWS
            DEVELOPMENT SERVICES COMMISSION (10.0, 7.0)

            Report  Attachment A

 

1)         That the Record of the Public Meeting held on November 3, 2009, with respect to the proposed amendments to the Development, Building and Town Wide Fee By-laws be received; and,


 

2)         That the amendment to the “Tariff of Fees for Processing Planning Applications,” By-law 211-83, substantially in the form attached as Attachment "A", be enacted; and,

 

3)         That By-law 2008-258 be repealed and the attached “By-law respecting Construction, Demolition and Change of Use Permits and Inspections,” attached as Attachment “B”, be enacted; and,

 

4)         That the amendment to Town Wide By-law 2002-276, substantially in the form attached as Attachment “C”, be enacted; and further,

 

5)         That the By-laws come into force and take effect on January 1, 2010.

            (By-laws 2009-159 to 2009-161)

 

CARRIED

 

 

(2)        DANVEST WISMER INVESTMENTS LIMITED
            PHASE 3 APPLICATIONS FOR DRAFT PLAN OF SUBDIVISION
            AND ZONING BY-LAW AMENDMENT (19TM-02009)
            EAST OF MCCOWAN ROAD AND SOUTH OF
            MAJOR MACKENZIE DRIVE
            WISMER COMMONS COMMUNITY
            (ZA 09-123881 AND SU 02-115478-002) (10.7, 10.5)

            Report  Attachment

 

1)         That the report dated October 6, 2009 entitled “Preliminary Report, Danvest Wismer Investments Limited Phase 3, Applications for Draft Plan of Subdivision (19TM-02009) and Zoning By-law Amendment, East of McCowan Road and south of Major Mackenzie Drive, File Numbers ZA 09-123881 and SU 02-115478-002” be received; and,

 

2)         That the Record of the Public Meeting held on November 3, 2009, with respect to the applications by Danvest Wismer Investments Limited Phase 3, for Draft Plan of Subdivision (19TM-02009)and Zoning By-law Amendment, be received; and,

 

3)         That upon completion of the review and evaluation by staff of the applications by Danvest Wismer Investments Limited Phase 3 for Draft Plan of Subdivision (19TM-02009) and Zoning By-law Amendment, and if there are no outstanding issues, the draft plan be approved in accordance with the Delegation By-law; and further,

 

4)         That upon issuance of draft plan approval, the implementing zoning by-laws be enacted without further notice.

 

CARRIED

 


 

 

6(d)      REPORT NO. 70 - GENERAL COMMITTEE (November 9, 2009)

 

Council consented to add Report No. 70 and to separate Item Nos. 1, 2 and 5.

 

Moved by Regional Councillor J. Virgilio

Seconded by Councillor E. Shapero

 

That Report No. 7 - General Committee comprised of 5 items be received and adopted, except Item Nos. 1, 2 and 5. (See following Item Nos. 1, 2 and 5)

 

 

(1)        CELEBRATE MARKHAM:
THORNHILL FESTIVAL 2009 FUNDING
INCREASE AND UNIONVILLE OLDE TYME
CHRISTMAS PARADE 2009 FUNDING REQUEST (7.6)

            Report    1

 

1)         That staff be directed to prepare a report and recommendations to improve the relationships between the Town of Markham and all Markham Business Improvement Area (BIA); and,

 

2)         That a letter be forwarded to the Minister of Municipal Affairs and Housing requesting that Business Improvement Area Boards of Management should not be under the jurisdiction of the Town; and,

 

3)         That an additional Celebrate Markham grant in the amount of $500 be approved and allocated to the Thornhill Village Festival for 2009; and,

 

4)         That the request from for Celebrate Markham grant in the amount of $6,500 be approved and allocated to the 2009 Unionville Old Tyme Christmas Parade; and further,

 

5)         That Staff be authorized and directed to do all things necessary to give effect to this resolution.

 

CARRIED

(Resolution No. 4 carried by a recorded)

(See following recorded vote) (8:4)


 

            Council consented to separate Resolution No. 4) for voting purposes - See following recorded vote:

 

YEAS:             Deputy Mayor J. Heath, Regional Councillor J. Jones, Regional Councillor J. Virgilio, Councillor V. Burke, Councillor E. Shapero, Councillor C. Moretti, Councillor J. Webster, Councillor D. Horchik. (8)

 

NAYS:             Mayor F. Scarpitti, Regional Councillor G. Landon, Councillor L. Kanapathi, Councillor A. Chiu. (4)

 

 

(2)        TOWN OF MARKHAM
2010 BUDGET (7.4 & 7.5)

            Report    Budget   Public Meeting Presentation

 

1)         That the report dated November 9, 2010 entitled, “Town of Markham 2010 Budget” be received; and,

 

2)         That Council approve the 2010 Operating Budget for Town services which totals $153,807,527, (excluding prior year surplus/deficit) the principle components of which are detailed on Appendix 1; and,

 

3)         That gross operating expenditures of $153,807,527, (excluding prior year surplus/deficit) be funded from the following sources:

 

4)         That Council approve the 2010 Capital Budget that totals $77,919,500, the funding details of which are listed in Appendix 2; and,

 

5)         That Council approve the 2010 Waterworks Operating Budget that totals $67,297,242, (excluding prior year surplus/deficit) the principle components of which are detailed on Appendix 4; and,

 

6)         That Council approve the 2010 Planning & Design Budget that totals $4,883,518, (excluding prior year surplus/deficit) the principle components of which are detailed on Appendix 5; and,


 

7)         That Council approve the 2010 Engineering Budget that totals $5,157,982, (excluding prior year surplus/deficit) the principle components of which are detailed on Appendix 6; and,

 

8)         That Council approve the 2010 Building Standards Budget that totals $7,155,944, (excluding prior year surplus/deficit) the principle components of which are detailed on Appendix 7; and,

 

9)         That the contribution to the two land acquisition reserve funds be increased by $75,000 each through the removal of Capital project funding for Rouge Park Projects in the amount of $150,000; and,

 

10)       That further to the finalization of assessment growth numbers on the return of the 2010 assessment rolls in December 2009, the Treasurer be authorized to adjust the 2010 tax rate and resulting levy to reflect a zero percent tax rate increase; and,

 

11)       That any resulting surplus be transferred to the Corporate Rate Stabilization Reserve; and,

 

12)       That upon finalization of the 2009 audited financial statements, the 2010 Operating, Waterworks, Planning & Design, Engineering and Building Standards budgets be adjusted to reflect the 2009 operating results; and,

 

13)       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,

 

14)       That Staff be authorized and directed to do all things necessary to give effect to this resolution.

 

CARRIED BY A UNANIMOUS RECORDED VOTE

(See following recorded vote) (12:0)

 

YEAS:            Mayor F. Scarpitti, Deputy Mayor J. Heath, Regional Councillor J. Jones, Regional Councillor G. Landon, Regional Councillor J. Virgilio, Councillor V. Burke, Councillor E. Shapero, Councillor C. Moretti, Councillor J. Webster, Councillor D. Horchik, Councillor L. Kanapathi, Councillor A. Chiu. (12)

 

            See Presentation (1) of these minutes regarding the presentation of awards and the 2010 budget process recognition.

 


 

(3)        PAN AM GAMES (6.0)

 

1)         That the Town of Markham express their appreciation, support and congratulations to Premier Dalton McGuinty and his Government for their successful 2015 Pan Am Bid; and,

 

2)         That the Town of Markham extend their appreciation, support and congratulations to Mr. David Peterson, Chair of the Toronto 2015 Pan Am Games Bid and Ms. Jagoda Pike, Chief Operating Officer of the Toronto 2015 Pan Am Games Bid for the great work they accomplished in putting together the successful bid.

 

CARRIED

 

 

(4)        WINTER PARKING
PILOT PROGRAM (5.10)

            Report     Presentation

 

1)         That the presentation entitled “Winter Parking Pilot Program” be received, and,

 

2)         That the report entitled, “Winter Parking Pilot Program” be received; and,

 

3)         That Council endorse the proposed pilot project to restrict parking on the “even” numbered side of the street, applicable to all municipal roads, from November 15, 2009  to April 15, 2010; and,

 

4)         That the education and communications campaign commence immediately; and,

 

5)         That the Winter Parking Committee report back in Spring 2010, with the results of the pilot project; and,

 

6)         That the funding for the education and communications campaign be provided from the Operations Department operating account 700 998 5801to an upset limit of $3500; and further,

 

7)         That Staff be authorized and directed to do all things necessary to give effect to this resolution.

 

CARRIED

 


 

(5)        ONTARIO REALTY CORPORATION (ORC)
            -
PARKING ON LESLIE STREET
            FROM STEELES AVENUE TO SIMONSTON BLVD. (5.10)

 

1)         That the Town of Markham request the Region of York to amend their Parking By-law to prohibit vehicles from parking along Leslie Street from Steeles Avenue to Simonston Boulevard as soon as possible; and,

 

2)         That the Region of York introduce a temporary truck prohibition on Leslie Street between Steeles Avenue and Green Lane, subject to the CAO's discussions with Ontario Realty Corporation on truck re-routing.

 

CARRIED

 

 

            Council consented to:

 

Resolution No. 1)

-     Delete the words "…if necessary…" after the words "…Simonston Boulevard…" and replace them with the words "…as soon as possible…".

 

            Resolution No. 2)

-     Delete the words "…re-examine the need for…" after the words "…Region of York…" and replace them with the word "…introduce…".

-     Delete the words "…if necessary" after the words "…Green Lane…" and replace them with the words "…subject to the CAO's discussions with the Ontario Realty Corporation on truck re-routing."

 

 

 

7.         MOTIONS

 

There were no motions.

 

 

 

8.         NOTICES OF MOTIONS

 

(1)        REGION OF YORK DRAFT OFFICIAL PLAN (10.17)

 

Moved by Councillor Burke

Seconded by Councillor Shapero

 

Whereas the Town of Markham prides itself as a leader in sustainability in York Region and Ontario; and,


 

Whereas the quality of life in Markham is paramount to all Markham residents; and,

 

Whereas the Region of York Draft Official Plan (growth plan) will have profound impact on Markham residents’ quality of life, countryside and the environment for present and future generations; and,

 

Whereas the Town of Markham is still considering the planning direction and policy related to its’ growth management options and has not yet completed the process; and,

 

Whereas this a long-term plan that requires careful consideration; and,

 

Whereas if the Region of York Draft Official Plan is passed prior to Markham Council passing its’ own direction and policies, this Plan would have legal standing and override, restrict and/or undermine Markham’s future ability to plan and choose its’ future; and,

 

Therefore be it resolved:

 

1)         That the Town of Markham request the Region of York to refrain from passing the York Region Official Plan until the Town of Markham - the Region’s largest municipality - has finalized its’ planning studies and direction along with inclusive public consultation with Markham residents, and has forwarded a draft Markham approved Official Plan to York Region; and,

 

2)         That if the Region requires an extension from the Province to bring the Official Plan into conformity, that the Region submit this request to the Province; and further,

 

3)         That this resolution be sent immediately to the York Region Chair and Council members and that it be placed on the first possible agenda for action.

 

(See following motion which was lost)

 

            Moved by Deputy Mayor J. Heath

            Seconded by Councillor E. Shapero

 

            That the Rules of Procedure be waived to allow for consideration of the matter regarding Draft Region of York Official Plan at this time.

 

LOST BY 2/3 VOTE OF COUNCIL

 

 


 

9.         COMMUNICATIONS

 

Moved by Councillor A. Chiu

Seconded by Regional Councillor J. Virgilio

 

That Council receive and consent to the disposition of communications in the following manner:

 

Referred to all Members of Council

59-2009           Liquor Licence Application - Forwarding a request to complete the Alcohol and Gaming Commission Municipal Information Form for Café Chic, 263 Baythorn Drive (Change of ownership indoor licence for previously licenced areas). (3.21)

                        Info

 

 

60-2009           Rotary Club of Markham Sunrise Inc. - Forwarding a request to close the following streets to facilitate the Markham Santa Claus Parade being held on November 28, 2009:

 

9:00 a.m. to 1:00 p.m.

- Hwy. 7 east of Wooten Way to west of Hwy. 48

- Hwy. 7 north of Main St Markham to Parkway Ave.

- Wooten Way west of Hwy. 7

- Wideman Street north of Hwy 7.

- Christman Court south of Hwy 7.

- Savannah cres north of Hwy 7

- Jerman Street north of Hwy 7.

- Thomson Court west of Main street

- Washington Street north of Hwy 7.

- Centre Street east of Main Street

- Robinson Street west of Main Street

- Albert Street north of Hwy. 7

- Dublin Street west of Main Street

 

7:00 a.m. to 1:00 p.m.

- Robinson Street east of Main Street Markham to George Street

- Wilson Street west of Main Street

- Bullock Drive west of Main Street

- Parkway Avenue east of Main Street


 

10:00 a.m. to 1:00 p.m.

- Station Street  west of Main Street

- Beech St west of Main Street

- Eby Way west of Main Street

- Springdale Ave. west of Main Street

- Gleason Ave. east of Main Street

- Peter Street, south of 16th Ave.

- David Street west of Main Street

- Pilkey Lane east of Main Street

- Elizabeth Street, south of 16th Avenue

- Quarry Stone Ave. south of 16th Ave. (Local traffic only)

- 16th Ave. east of Mingay Avenue

- Heritage Corners north of 16th Ave. (Local traffic only)

- Main St North east of Deer Park Lane

- Main St North east & west of 16th Avenue

- Main St. North south of Bur Oak Avenue (3.5.5)

                        Info

 

 

61-2009           Markham Village BIA - Forwarding a request to close the following streets on November 28, 2009 from 1:00 p.m. to 11:00 p.m. to facilitate the Santa Fest-Festival of Lights:

 

- Main Street Markham north from Hwy 7 to South of Parkway

- Access east from Main Street Markham is closed to:

Centre Street

Robinson Street

- Access east from Main Street Markham is closed to:

Thompson Court

Dublin Street

Robinson Street (3.5)

                        Info

 

 

 

10.       PROCLAMATIONS

 

(1)        PROCLAMATIONS (3.4)

            Info

 

Moved by Councillor C. Moretti

Seconded by Councillor L. Kanapathi

 

1)         That the following be proclaimed in the Town of Markham:

            - Montessori Education Week (February 22 to 26, 2010)

              - International Day at Town Centre Montessori Private School (March 12, 2010); and,


 

2)         That the Communications and Community Relations Department be requested to publish the above proclamations in the local newspapers.

 

CARRIED

 

 

 

11.       NEW/OTHER BUSINESS

 

 

(1)        WORLD CLASS TRANSPORTATION AND ECONOMIC
            EXPERTS TO DETERMINE THE BEST HIGH-SPEED
            TECHNOLOGY TO BE USED FOR THE 407 TRANSITWAY (5.10)

            Memo Revised Resolution

 

Moved by Regional Councillor J. Jones

Seconded by Councillor A. Chiu

 

1)         That the Premier create a panel of world class transportation and economic experts to determine the best High-Speed Technology to be used for the 407 Transitway (i.e Iron Wheel or MegLev etc); and,

 

2)         That the Expert Panel prepare a methodology for Expressions of Interest to Design, Build, Finance, Administer and Operate the 407 Transitway for 50 years horizon and beyond; and,

 

3)         That the Expression of Interest include consideration of:

-     Design of the 407 Transitway for maximum speed and efficiency.

-     Options that could include an elevated track.

-     Station locations that generally be not less than 4 kilometres apart.

-     Major anchor hubs that incorporate Transit Oriented Development, in accordance with Growth Secretariate Plans and Studies.

-     That the railbed be as direct as possible and not incorporate Texas T’s.

-     That the railbed shall be environmentally friendly and practical.

-     The 407 Transitway, being the highest order of transit, remain in the 407 right-of-way.

-     electrified transit rail (renewable energy based).

-     The 407 Transitway Design options integrate with the Windsor/Montreal high-speed train; and,

 

4)         That an Environment Assessment be undertaken for the entire planned Highway 407 Transitway, and  be based on a transit solution that extends 50 years and beyond; and,


 

5)         That an initial transitway line be installed between Cornell/Markham and Highway 403/407, and be implemented as a prototype for clean, high speed technology.  (This corridor crosses five GO-Transit lines, two planned new GO-Transit lines, three planned light rail lines (LRT) and two planned subway lines); and further,

 

6)         That the Honourable Dalton McGuinty, Premier of Ontario be requested to initiate a process to expedite the planning, design, implementation and construction of the 407 Transitway, which is the most strategic transit infrastructure joining all communities in the GTA mega-region. This will give access to the 100s of thousands of jobs and residences in the 407 corridor.

 

CARRIED

 

            Council consented to:

 

            Resolution No. 3), Subparagraph No. 7

-     Delete the word "…generally…"

 

Resolution No.5

-     Revise the word "…seven…" to "…five…" after the words "This corridor crosses…" and to add the words "…two planned new Go-Transit lines…" before the words "…three planned light rails lines…".

 

 

(2)        TRANSIT ORIENTED DEVELOPMENT (TOD)
            STUDY ALONG THE 407 CORRIDOR FOR THE
            PURPOSE OF IDENTIFYING THE
            REAL DEVELOPMENT POTENTIAL (5.10)

            Memo Revised Resolution

 

Moved by Regional Councillor J. Jones

Seconded by Councillor A. Chiu

 

1)         That the Government of Ontario through the Growth Secretariat undertake a comprehensive Transit Oriented Development (TOD) study along the 407 corridor, in consultation with Regional and Local municipalities,  for the purpose of identifying the real development potential, to optimize transit ridership and based on the best high-speed rail transit network solutions (Utilizing a 50 year horizon and beyond); and,

 

2)         That the study be undertaken by an world-class expert team selected by the Province; and,


 

3)         That the study include the following:

 

-     All planned 407 Rail Transit Stops.

-     All GO-Transit stops upstream and downstream from the 407 Transitway

-     All planned Light Rail Transit (LRT) lines that cross the 407 Transitway and include all their upstream and downstream station stops.

-     All planned Subway extensions that cross the 407 Transitway and include all planned station stops.

-     Transit Oriented Development potential within walking radius of each station and of each feeder station; and,

 

4)         That the study be based on the development potential for the 407 corridor for a 50 year time horizon and beyond, and not the current 20 year community plans; and further,

 

5)         That the Honourable Dalton McGuinty, Premier of Ontario be requested to immediately commence and complete the 407 Corridor Transit Orientated Development Study.

 

CARRIED

 

 

 

12.       BY-LAWS

 

Moved by Councillor A. Chiu

Seconded by Regional Councillor J. Virgilio

 

That By-laws 2009-157 to 2009-164 be given three readings and enacted.

 

Three Readings

 

BY-LAW 2009-157    A by-law to amend Parking By-law 2005-188 (Caboto Trail & Steele Valley Road Parking Prohibition)

                                    (Item No. 3, Report No. 68)

                                    By-law

 

BY-LAW 2009-158    A by-law to amend Traffic By-law 106-71 (Rodick Road & Calvert Road Heavy Truck Prohibition)

                                    (Item No. 4, Report No. 68)

                                    By-law


 

BY-LAW 2009-159    A by-law to amend By-law 211-83, ad amended, being a by-law to prescribe a tariff of fees for processing planning applications (To revise application fees covering the Engineering and Planning/Urban Design Departments).

                                    (Item No. 1, Report No. 69)

                                    By-law

 

BY-LAW 2009-160    A by-law respecting construction, demolition and change of use permits and inspections (Building By-law) (Repeals Building By-law 2008-258).

                                    (Item No. 1, Report No. 69)

                                    By-law

 

BY-LAW 2009-161    A by-law to amend Town of Markham Fee By-law 2002-276 (Revise fees associated with compliance letters, publication of maps and schedules, and general photocopying within the Development Services Section).

                                    (Item No. 1, Report No. 69)

                                    By-law

 

BY-LAW 2009-162    A by-law to dedicate certain lands as part of the highways of the Town of Markham (Block 62, Plan M-1976 - Station Street).

                                    By-law

 

BY-LAW 2009-163    A by-law to amend Zoning By-law 304-87, as amended (Crown of Markham Inc. (Phase 1), 19TM-09003, Part of Lots 23 and 24, Concession 3, east of Woodbine By-pass and south of Betty Roman Boulevard - To remove subject lands from By-law 304-87, as amended, so that they may be incorporated into By-law 177-96, as amended, to permit 16 townhouse and 3 single detached dwellings).

                                    (Item No. 1, Report No. 65)

                                    By-law

 

BY-LAW 2009-164    A by-law to amend Zoning By-law 177-96, as amended (Crown of Markham Inc. (Phase 1), 19TM-09003, Part of Lots 23 and 24, Concession 3, east of Woodbine By-pass and south of Betty Roman Boulevard - To permit 16 townhouse and 3 single detached dwellings).

                                    (Item No. 1, Report No. 65)

                                    By-law

 


 

13.       IN-CAMERA ITEMS

 

Moved by Councillor V. Burke

Seconded by Councillor C. Moretti

 

That, in accordance with Section 239 of the Municipal Act, Council resolve into an in-camera session to discuss the following matter:

 

1.         LADIES GOLF CLUB OF TORONTO

            [Section 239 (2) (a)]

 

CARRIED

 

Moved by Councillor C. Moretti

Seconded by Councillor E. Shapero

 

That Council rise from in-camera session and report.

 

CARRIED

 

 

(1)        LADIES GOLF CLUB OF TORONTO
-
SLOPE EROSION ISSUES (8.0)

 

Moved by Councillor V. Burke

Seconded by Councillor E. Shapero

 

1)         That the confidential report dated September 15, 2009 from the Town Solicitor entitled “Ladies Golf Club of Toronto Ltd. Slope Erosion Issues” be received; and,

 

2)         That Staff be authorized and directed to take the actions set out in this report and as directed by Council on November 10, 2009.

 

CARRIED

 

 


 

14.       CONFIRMATORY BY-LAW

 

Moved by Councillor A. Chiu

Seconded by Councillor J. Webster

 

That By-law 2009-165 be given three readings and enacted.

 

Three Readings

 

BY-LAW 2009-165    A by-law to confirm the proceedings of the Council meeting of November 10, 2009.
(Council Meeting No. 16, 2009)

                                    By-law

 

CARRIED

 

 

 

15.       ADJOURNMENT

 

Moved by Councillor A. Chiu

Seconded by Deputy Mayor J. Heath

 

That the meeting do adjourn.

CARRIED

 

Council adjourned at 8:38 p.m.

 

 

 

 

 

 

___________________________________           _____________________________________

KIMBERLEY KITTERINGHAM                            FRANK SCARPITTI

TOWN CLERK                                                       MAYOR

 

(Signed)