2008-04-29
COUNCIL MINUTES Council Chamber, Civic Centre
Meeting No. 6
ROLL
CALL
Mayor F.
Scarpitti, Deputy Mayor J. Heath, Regional Councillor J. Jones, Regional
Councillor T. Wong, Regional Councillor G. Landon, Councillor V. Burke,
Councillor E. Shapero, Councillor J. Virgilio, Councillor C. Moretti,
Councillor J. Webster, Councillor D. Horchik, Councillor L. Kanapathi,
Councillor A. Chiu. (13)
The Regular
Meeting of Council was held on April 29, 2008 at 7:00 p.m. in the Council Chamber, Civic Centre. Mayor F. Scarpitti presided.
STAFF
J. Livey,
Chief Administrative Officer
J. Baird,
Commissioner of Development Services
A. Taylor,
Commissioner of Corporate Services
C. Conrad,
Town Solicitor
S. Birrell,
Town Clerk
K.
Kitteringham, Deputy Clerk
B. Cribbett,
Treasurer
B. Nanninga,
Executive Assistant
J. Wong, Technology Support
Specialist
P. Loukes, Commission Lead, Operations and
Waterworks
A. Seabrooke, Commission Lead, Library Services,
Fire Services, and Recreation & Culture
A. Rose,
Acting Manager, Museum
J. Taylor,
Senior Employee & Labour Relations Specialist
1. DISCLOSURE OF PECUNIARY INTEREST
(1) None
declared.
2. MINUTES
(1) COUNCIL MINUTES - APRIL 15, 2008
Minutes
Moved by
Councillor A. Chiu
Seconded by
Councillor D. Horchik
That the
Minutes of the Council Meeting held on April 15, 2008, be adopted.
CARRIED
3. PRESENTATIONS
(1) MARKHAM
MUSEUM BOARD
- 2007 TED SCAYSBROOK MEMORIAL
AWARD (12.2.6)
Council presented the Ted Scaysbrook Memorial Award to
Mr. Ray Fugeman for his volunteer work and outstanding commitment to the
Markham Museum during the year 2007.
4. DELEGATIONS
Council
consented to hear Delegation (1).
(1) Cheryl Giblon was in
attendance and addressed Council on the motion regarding pesticide use
by-law. She expressed concerns with
respect to the requirement to post various signs on residential lawns and to
publicly display information regarding lawn infestation. (5.7)
(Motion (1))
5(a) REPORT NO. 18 - GENERAL COMMITTEE (April
21, 2008)
Council
consented to separate Clauses (8) and (10).
Moved by
Councillor J. Virgilio
Seconded by
Councillor V. Burke
That Report
No. 18 - General Committee be received and adopted.
(1) DRAFT
2007 CONSOLIDATED FINANCIAL
STATEMENTS (7.2)
Report Appendix
1 Appendix
2
That the
report “Draft 2007 Consolidated Financial Statements
be received; and,
That Council
approve the Corporation of the Town of Markham’s Draft Consolidated Financial Statements for the fiscal year
ended December 31, 2007; and,
That Council
authorize Staff to issue the Consolidated Financial Statements for the fiscal
year ended December 31, 2007 upon finalization of all consolidated amounts; and further,
That Staff be
authorized and directed to do all things necessary to give effect to this
resolution.
(Communication No. 31-2008)
(2) APPOINTMENTS/RESIGNATIONS
FROM ADVISORY COMMITTEES (16.0)
That the resignation of Ms. Rachel Lau from
the Animal Care Committee be accepted with regret and a letter of appreciation
be forwarded.
(3) 2008
MUNICIPAL ROAD & BRIDGE INFRASTRUCTURE
INVESTMENT GRANT
(7.6)
Report
That the report titled “2008 Municipal Road and Bridge Infrastructure
Investment Grant” be received; and,
That Council approve the receipt of the
$3,295,097 2008 Municipal Road and Bridge Infrastructure Investment Grant
awarded to the Town of Markham, to be used for municipal roads and
bridges; and,
That Council approve the attached following
resolution “2008 Municipal Road and Bridge Infrastructure Investment Grant”:
“Whereas on March 25, 2008 the Province of
Ontario announced $400 million in funding for municipal roads and bridges
outside of Toronto in the 2008 provincial budget; and
Whereas on March 31, 2008 the Town of Markham
received a letter from the Minister of Transportation advising that the Town of
Markham had been approved to receive funds in the amount of $3,295,097 towards
Markham’s municipal road and bridge capital investment needs;
Now therefore be it resolved that:
That the $3,295,097 allocated to the Town of Markham by the province
be used for municipal road and bridge capital investment needs; and,
That a final summary report detailing expenditures,
use of provincial funding , and outcomes achieved shall be submitted to the
Ministry and the Ministry may request an independent audit of the project; and
Any funds intended for the project that are not
used for the purposes of rehabilitation of municipal road and bridge
capital investment needs or in accordance with the terms outlined above will be
returned to the ministry;” and,
That Staff report back to Council on road and
bridge infrastructure construction project options for the use of the grant;
and further,
That Staff be authorized and directed to do
all things necessary to give effect to this resolution.
(4) AWARD
OF TENDER # 005-T-08 RESTORATION OF
CONCRETE CURB AND SIDEWALK
(7.12.1)
Report
That the report
entitled “Award of Contract # 005-T-08 Restoration of Concrete Curb and Sidewalk” be
received; and
That the contract for # 005-T-08 Restoration of Concrete Curb and
Sidewalk be awarded to the lowest priced supplier Vidome Construction Ltd. in
the estimated annual value of $1,574,250.00 exclusive of GST for a period of
three (3) years totaling $4,722,750.00; and,
That funds for
this contract for the 2008 period be drawn from the 2008 Capital Budget
Accounts as listed under financial considerations in the estimated annual
amount of $1,574,250.00, exclusive of GST and funds for this contract for the 2009 &
2010 (estimated $1,574,250.00 per annum, exclusive of GST and any increase
identified during the budget process) period be drawn after budget approval for
the respective years; and,
That the 2009 and 2010 purchase orders be adjusted
based on the approved budget for that year; and,
That the Director of Operations and the Manager of Purchasing be
authorized to reallocate funds from this blanket order within the overall
Asphalt Resurfacing Program up to a maximum of 20% of the estimated blanket
amount for the duration of the contract; to a combined annual total for the Asphalt
Resurfacing Program not to exceed
$7,026,119.00 exclusive of GST; and further,
That Staff be authorized and directed to
do all things necessary to give effect to this resolution.
(5) AWARD
OF TENDER 018-T-08 MUSEUM WARD BUILDING
REHABILITATION (7.12.3)
Report
That the report entitled “Award of Tender 018-T-08 Markham Museum Ward
Building Rehabilitation” be
received; and,
That the contract for Tender 018-T-08 Markham Museum Ward
Building Rehabilitation be awarded to lowest priced qualified bidder, Toryork
General Contracting Limited, in the amount of $455,400.00, exclusive of GST;
and,
That a contingency in the amount of $40,000
exclusive of GST, be established to cover any additional construction and
consultant costs and that the Director of Asset Management be authorized to
approve expenditure of this contingency amount up to the specified limit; and,
That the award be funded from the available
budget of $415,000 as follows:
Previously approved capital - Museum Ward
Renovation $310,000.00
2007 Capital Project # 7589 – Design North Parking Lot & Soil
Testing $30,000.00
2005 Capital Project # 6602 – Ward Building Drainage Upgrade $25,000.00
2008 Capital Project #8001-Accessibility Project $50,000.00
$415,000.00
And that the additional funding required
of $142,000 be provided as follows:
MECO Funding # 031-2220034
$55,000.00
Life Cycle and Capital Reserve $87,000.00
$142,000.00
And that funding for this project comes from the accounts per the
Financial Considerations of this report; and,
That the remaining balance of $61,600 to be applied to
architectural fees and disbursements as needed for the Ward building; and
further,
That staff be authorized and directed to do
all things necessary to give effect to this resolution.
(6) 7th ANNUAL
WORLD WIND ENERGY CONFERENCE 2008
ST. LAWRENCE COLLEGE,
KINGSTON, ON JUNE 24-26, 2008 (5.7, 12.0)
That the attendance of Councillor E. Shapero at the “7th
Annual World Wind Energy Conference 2008” at St Lawrence College, Kingston, ON
from June 24-26, 2008 be approved in accordance with the existing policy on
Councillors’ attendance at seminars and conferences.
(7) NATIONAL
PUBLIC WORKS WEEK
MAY 18-24, 2008 (3.4)
Report
That the Mayor and Council proclaim the week of May 18-24, 2008 as
‘National Public Works Week’ in the Town of Markham; and,
That staff be authorized and directed to do all things necessary to
give effect to this resolution.
(8) PROGRAM
TO DISCONNECT ROOF DOWNSPOUTS FROM THE
SANITARY SEWERAGE SYSTEM (5.3)
Presentation Report
That the report titled “Program to Disconnect
Roof Downspouts from the Sanitary Sewerage System” be received; and,
That the report be amended to include the
following Councillors who served on the Downspout Disconnection Working Group:
Deputy Mayor J. Heath, Regional Councillor T.
Wong,
Councillor E. Shapero and Councillor V. Burke; and,
That staff proceed with implementation of
Phase 1 of the Downspout Disconnection Program as outlined in this report; and,
That estimated expenditures of $198,000 for
Phase 1 of the Downspout Disconnection Program be funded as $96,000 from
Capital Project #050-6150-7194-005 EREP Rain Storm Damage, and $102,000 from
Capital Project #053-5399-8172-005 Inflow/Infiltration Source Detection; and,
That Staff report back to Council with the
findings of Phase 1 of the Downspout Disconnection Program, including required
resources and staffing to implement future phases of the program; and further,
That Staff be
authorized and directed to do all things necessary to give effect to this
resolution.
CARRIED BY A UNANIMOUS RECORDED
VOTE (13:0)
(See following motion which was
lost)
Moved by Councillor
D. Horchik
Seconded by Councillor
J. Virgilio
That Clause (8),
Report No. 18 be amended as follows:
Paragraph 3 - Add the words "…save and except for
the financial assistance portion of the program" to the end of the
paragraph.
Paragraph 4 - Amend the dollar figures: "$198,000 to $142,000";
"$96,000 to $56,000";
"$102,000 to $46,000"
LOST
BY A RECORDED VOTE (2:11)
(See
following recorded vote)
YEAS: Councillor
J. Virgilio, Councillor D. Horchik. (2)
NAYS: Mayor
F. Scarpitti, Deputy Mayor J. Heath, Regional Councillor J. Jones, Regional
Councillor T. Wong, Regional Councillor G. Landon, Councillor V. Burke,
Councillor E. Shapero, Councillor C. Moretti, Councillor J. Webster, Councillor
L. Kanapathi, Councillor A. Chiu. (11)
(9) TREES
FOR TOMORROW (5.7)
Report
That the ‘Markham Trees for Tomorrow Program’
and associated work plan be endorsed by Council, with the following additions:
- that the
greenhouse gas and clean air impacts of the Program be fully reported;
- that
staff review and report back on a challenge to the commercial and industrial
sectors to make environmental enhancements; and,
- that the
School Boards be encouraged to review their policies on tree planting and
to participate in the Program; and,
- that the
use of native species be emphasized; and,
That ‘Markham Trees for Tomorrow’ be approved by Council as the name of
the program; and,
That the Town Solicitor be authorized to proceed with the required
application to register an official mark or trade-mark, as appropriate, for the mark ‘Markham Trees for Tomorrow’ and
any associated mark(s) as approved by staff, and to retain any required external legal
counsel or agents for that purpose; and,
That a ‘Markham Trees for Tomorrow Reserve
Fund’ be established similar to the Markham Environmental Sustainability
Reserve Fund to encourage tree plantings and public awareness by community
groups, non-government organizations and staff; and,
That funds totaling $1,270,500 be provided in
the capital budget accounts 059-5350-7836-005, 059-5399-8407-005,
059-5350-8370-005, 059-6150-8245-005 and 059-6150-8286-005 as detailed in
financial considerations section of this report; and,
That Council, staff and community leaders be
encouraged to promote and actively participate in the program; and,
That program status reports be provided to Council
on an annual basis; and further,
That Staff be authorized and directed to do
all things necessary to give effect to this resolution.
(10) DEVELOPMENT CHARGES
UPDATE (10.0)
Presentation
That
the presentation regarding the Development Charges Update be received; and,
That
Council directs staff to prepare the Development Charge Background Study
incorporating the following:
That local services be excluded from
the calculation of Development Charges;
That all capital projects required for full build-out within the current
urban boundary be included;
That the limited exemption on Non-Residential Developments continue
until August 31, 2009 to coincide with the natural expiry of the 2004 by-laws –
ASDC By-law No. 2004-225;
That the change in calculation base be considered in the next
Development Charge Background Study;
That the exemption on expansions/additions to buildings where lot levies
were previously paid be discontinued;
That the exemption/credit where a change of use exists be amended to
provide a credit for an amount equal to the Development Charges originally paid
(unindexed);
That the following services be transferred to Town Wide Hard (TWH) where
appropriate: 3rd lanes (roads), intersection improvements/signals,
illumination, watermains >300mm; and further,
That
staff continue to meet with representatives from the development industry to
review the implementation of this by-law and if necessary after the review, the
matter be brought back to General Committee; and,
That staff be further directed to:
- Review the quantum of the
internal cost recovery to the Town included in overall land acquisition costs
- Consider whether infrastructure currently included in the 2008
Town Wide Hard capital project list should have a portion of cost deferred
as a post period benefit (future growth not included in the current growth
projections)
- Continue to work with the developers to address credit agreement
issues.
CARRIED AS AMENDED
(See
following motion to amend)
Moved by Regional Councillor G.
Landon
Seconded by Regional Councillor T.
Wong
That Clause (10), Report No. 18 be
amended to add the following:
"That staff be further directed to:
·
Review the quantum of the
internal cost recovery to the Town included in overall land acquisition costs
·
Consider whether infrastructure currently included in the 2008 Town Wide
Hard capital project list should have a portion of cost deferred as a post
period benefit (future growth not included in the current growth projections)
·
Continue to work with the developers to address credit agreement issues."
CARRIED
(The following paragraph was
withdrawn)
"Review the appropriateness of four mid block crossings over Hwy
404 being required to service the existing growth forecast to 2031 in advance
of the Growth Management Strategy work currently underway."
(11) WOODBINE
CACHET SANITARY SEWER OVERSIZING
REIMBURSEMENT (5.5)
Report
That the report titled “Woodbine Cachet
Sanitary Sewer Oversizing Reimbursement” be received; and,
That the Mayor and Clerk be authorized to
enter into a reimbursement agreement with Woodbine Cachet West Inc., in a form
satisfactory to the Town Solicitor; and further,
That staff be authorized and directed to do
all things necessary to give effect to this resolution.
(12) AWARD OF QUOTATION #017-Q-08 ROBINSON
STREET
LANEWAY SANITARY SEWER
SYSTEM-LOCAL IMPROVEMENT
(7.12)
Report
That the report entitled “Award of Quotation 017-Q-08 Robinson Street
Laneway Sanitary Sewer System” be received; and,
That Quotation 017-Q-08 Robinson Street Laneway Sanitary Sewer be
awarded to the lowest priced
bidder, Dig-Con International Limited in the amount of $52,891.00, exclusive of contingency and GST; and,
That a separate purchase order in
the amount of $8,103.78
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,
That the cost
for construction, engineering and all related administration costs in a total
estimated amount of $76,400.00 be front-ended by the Town from the Waterworks
Stabilization/Capital Reserve into capital account 058 6150 7366 005 and recovered from the
benefiting property owners with appropriate interest; and,
That the Robinson Street Laneway Sanitary Sewer System proceed and the
total project cost in the estimated amount of $76,400.00 be recovered from each
of the property owners abutting the works in accordance with Section 391 of the
Municipal Act 2001; and,
That the 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 and the by-law approved by Council; and,
That the necessary By-law to levy the associated cost by property for
the Robinson Street Laneway Sanitary Sewer System be prepared in accordance
with the requirements of Section 391 of the Municipal Act 2001, when the final
cost of the project has been determined; and,
That the residents be allowed to have the option to pay the full amount
at the time of the completion of work or in instalments over 15 years on their
tax bill with interest payable at the 15 Year Region of York Debenture Interest
Rate in effect on the date the by-law is enacted, calculated annually in
advance; and further ,
That Staff be authorized and directed to do all things necessary to give
effect to this resolution.
(13) CANADIAN ASSOCIATION OF
MUNICIPAL ADMINISTRATORS AWARD (12.0)
That Council approve the attendance of Mayor F. Scarpitti and
Councillor J. Virgilio at the Canadian Association of Municipal Administrators
(CAMA) Awards in Quebec City in order to receive the Innovation prize bestowed
on the Click With Markham Program in accordance with the existing policy on
Councillors’ attendance at such functions; and,
That Councillor J. Virgilio be approved for one night’s additional
accommodation in accordance with the existing policy on Councillors’ attendance
at such functions.
CARRIED
5(b) REPORT NO. 19 - DEVELOPMENT SERVICES
COMMITTEE (April 22, 2008)
(1) ROBB HOUSE RECONSTRUCTION
66 MONIQUE COURT
APPLICANT: FOREST BAY HOMES
(SC 06 134969) (16.11)
Report Attachment
That Council accept the opinion of Rochon Engineering Incorporated and
acknowledge that, given the current state of the Robb House, the option of
creating a replica using some of the original material is supported subject to
the applicant providing details of how much of the original material will be
salvaged, and how this can be accomplished safely; and,
That as part of the replication of the building, the applicant is to
provide a Markham Remembered baked enamel interpretive plaque at their cost
explaining the history of the Robb House and that the existing structure is a
replica; and,
That the applicant enter into a
Site Plan Agreement to reflect the revised plan to replicate the building, with
detailed drawings and specifications to enable an accurate replication of the
form and features (brick details around windows, quoining, eave returns, etc.),
and provide an appropriate Letter of Credit; and,
That Council approve a demolition
permit to allow the disassembly of the Robb House following the execution of
the revised Site Plan Agreement; and,
That Staff be authorized and directed to do
all things necessary to give effect to this resolution.
(2) ATTILIO VETTESE
APPLICATION FOR ZONING BY-LAW
AMENDMENT
AND DRAFT PLAN OF SUBDIVISION
APPROVAL
(19TM-0800001) TO PERMIT RESIDENTIAL
DEVELOPMENT
AT 7085 14TH AVENUE
(ZA 08 110187 AND SU 08
110200) (10.5, 10.7)
Report Attachment
That
the report dated April 22, 2008 entitled “PRELIMINARY REPORT, Attilio Vettese,
Application for Zoning By-law Amendment and Draft Plan of Subdivision Approval
(19TM-0800001) to permit residential development at 7085 14th
Avenue” be received; and,
That
Staff be authorized to schedule a statutory Public Meeting to consider the
Zoning By-law amendment and Draft Plan of Subdivision applications; and,
That
the Planning processing fees and fees associated with the review and approval of
various studies be deferred until the execution of a subdivision agreement; and
further,
That
the Mayor and Clerk be authorized to enter into a Memorandum of Understanding
and agreement, as described in this report, between the applicant (Attilio
Vettese), the Region of York and the Town to the satisfaction of the Chief
Administrative Officer, Town Solicitor and Commissioner of Development
Services, pertaining to road rights-of-way and easement conveyance and related
development and servicing matters.
CARRIED
Moved by Regional Councillor G.
Landon
Seconded by Councillor E. Shapero
That Council rise from the
in-camera session at 8:50 p.m. and report.
CARRIED
(3) REQUEST TO RELOCATE THE
THOMAS H. BRUELS HOUSE
FROM 12049 HWY 48,
WHITCHURCH-STOUFFVILLE
TO MARKHAM HERITAGE ESTATES
HALA AND STEVE PALUBISKI (16.11)
Report Attachment
That the
relocation of the Thomas H. Bruels House from Whitchurch-Stouffville to the
Markham Heritage Estates be permitted; and,
That with
respect to this application, the usual 5 year vendor take back mortgage be
changed to a 10 year vendor take back mortgage, with the forgivable portion of
the mortgage being 10 % per year over the course of the 10 year mortgage; and
further,
That staff
aggressively pursue and report back on the following:
- acquisition
of individual lots for the relocation of threatened heritage houses;
- the possible
acquisition of land for a second location for Heritage Estates;
- possible incentives to relocate threatened
heritage homes to lots within the Town’s Heritage Conservation Districts where
the property owner seeking demolition.
YEAS: Regional
Councillor J. Jones, Regional Councillor T. Wong, Regional Councillor G.
Landon, Councillor V. Burke, Councillor E. Shapero, Councillor C. Moretti,
Councillor L. Kanapathi, Councillor A. Chiu. (8)
NAYS: Mayor
F. Scarpitti, Deputy Mayor J. Heath, Councillor J. Virgilio, Councillor J.
Webster, Councillor D. Horchik. (5)
"That Staff encourage the Town of
Whitchurch-Stouffville to develop a method comparable to the Town of Markham’s
criteria for evaluating and ranking potentially threatened buildings; and
further,
That Staff aggressively pursue acquisition of
lands for a second location of Heritage Estates subdivision."
"That
with respect to this application, the usual 5 year vendor take back mortgage be
changed to a 10 year vendor take back mortgage, with the forgivable portion of
the mortgage being 10 % per year over the course of the 10 year mortgage; and
further,
That
staff aggressively pursue and report back on the following:
-
acquisition of individual lots for the relocation of threatened heritage
houses;
-
the possible acquisition of land for a second location for Heritage Estates;
- possible incentives to relocate threatened
heritage homes to lots within the Town’s Heritage Conservation Districts where
the property owner seeking demolition."
YEAS: Mayor
F. Scarpitti, Councillor V. Burke, Councillor E. Shapero, Councillor J.
Virgilio, Councillor C. Moretti, Councillor J. Webster, Councillor D. Horchik,
Councillor L. Kanapathi (8)
NAYS: Deputy
Mayor J. Heath, Regional Councillor J. Jones, Regional Councillor T. Wong,
Regional Councillor G. Landon, Councillor A. Chiu. (5)
(4) PROPOSED ADULT SCHOOL CROSSING GUARD
SERVICE AT BUR OAK AVENUE AND
COUNTRY GLEN ROAD
AND VILLAGE GATE DRIVE AND
CALVERT ROAD (5.12)
Report Attachment
That the staff
report entitled “Proposed Adult School Crossing Guard at Bur Oak Avenue and Country Glen
Road, and Village Gate Drive and Calvert Road” dated March 18, 2008, be
received; and,
That the Engineering Department be
authorized to establish an adult school crossing guard service at the
intersections of (1) Bur Oak Avenue and Country Glen Road, and (2) Village Gate
Drive and Calvert Road, at a cost of
$4,628.40 per year, per location, exclusive of GST; and,
That the adult school crossing guard services be funded through the
2008 budget, account 640-998-5642; and,
That the Operations Department be directed to install the school
crossing signs and crosswalk pavement markings to a maximum of $1,000 per
location; and further,
That
staff be authorized and directed to do all things necessary to give effect to
this resolution.
5(c) REPORT
NO. 20 - DEVELOPMENT SERVICES PUBLIC MEETING (April 22, 2008)
(1) RULAND PROPERTIES INC.
VERDALE PROJECT – DOWNTOWN
MARKHAM – PHASE 1
ZONING BY-LAW AMENDMENT
APPLICATION
151 UPPER DUKE CRESCENT
PLAN 19TM01012
MARKHAM CENTRE ZA 08 107542
(10.5)
Report Attachments
That the
record of the Public meeting held on April 22, 2008, with respect to the
proposed zoning by-law amendment be received; and,
And that the application by
Ruland Properties Inc. to amend By-law 2004-196 as amended, to permit an
additional 4 storeys (approximately 12.43 metres) of height within Building ‘I’
of the Verdale project be approved; and
further,
That the proposed amendment
to By-law 2004-196, as amended, be enacted without further notice.
CARRIED
6. MOTIONS
Council
consented to add Motions (1) to (3).
(1) PESTICIDE
USE BY-LAW (5.7)
Moved by
Councillor E. Shapero
Seconded by
Councillor V. Burke
Whereas the Town of Markham is currently preparing for enforcement of
its new Pesticide Use By-law; and,
Whereas the Province of Ontario currently requires applicators to post
their prescribed sign on lawns upon which registered pesticides have been
applied, including the low impact products permitted by the Town of Markham
by-law; and,
Whereas supplemental signage would enable residents in Markham and
other municipalities to better understand the different applications,
differentiating between low impact pesticides versus those with high toxicity
levels; and,
Whereas this second signage is not environmentally friendly and will litter
neighbourhoods with plastic and corplast signs and duplicate not only signage
but financial resources; now therefore be it resolved,
That the Town of Markham petition the Province of Ontario to implement
a process of providing two types of signage, the existing signage for high
toxicity products use and a second signage to be installed in the application
of low impact products that are listed in the Town of Markham's by-law as
permitted products; and further,
That Markham take the lead striving for best possible outcomes and
direct staff, in the meantime, to immediately bring forward an amendment to the
Pesticide Use By-law to require the two types of signage and an amendment to
the Town of Markham's Applicators Licence By-law to require the applicators, as
a condition of licensing, to post the signage.
CARRIED
(2/3rd vote to consider was
required and obtained)
(See following to introduce
motion)
Moved by Councillor E. Shapero
Seconded by Councillor V. Burke
That Council consent to the introduction of a
motion regarding Pesticide Use By-law.
CARRIED
(2) PERMANENT
RECYCLING DEPOTS (5.1)
Moved by
Councillor J. Webster
Seconded by
Deputy Mayor J. Heath
Whereas the
partnership with the Goodwill Industries trailer has dramatically reduced the
amount of reusable and recyclable goods being sent to Michigan; and,
Whereas the
pilot project of the Goodwill Trailer at the Markham Village Community Centre
appears to be well received by the general public in concept, and the amount of
goods received appears to match or exceed the results of the other attended
locations in Markham; and,
Whereas there
is a strong concern of the visual and temporary appearance of the trailer in an
up-scale residential area; now therefore be it resolved,
That staff be
requested to look at the feasibility and costs, as well as the potential for
cost sharing with the Region of York, with respect to building a permanent recycling depot in Markham and Thornhill areas
and bring back their findings as quickly as possible.
CARRIED
(2/3rd vote to consider was
required and obtained)
(See following to introduce
motion)
Moved by Councillor J. Webster
Seconded by Deputy Mayor J. Heath
That Council consent to the introduction of a motion regarding
permanent recycling depots in Markham and Thornhill areas.
CARRIED
(3) HIGHWAY
407 TRANSITWAY EASTERLY
TO THE DONALD COUSENS PARKWAY
(10.0)
Moved by
Regional Councillor
J. Jones
Seconded by
Regional Councillor G. Landon
Whereas the Federal Government is investigating the feasibility of GO
Transit commuter rail service between Toronto and Peterborough along the CPR
Havelock line; and,
Whereas the Town of Markham has identified a transit hub at the Donald
Cousens Parkway and Highway 407 in Box Grove that would service GO Transit,
Highway 407 Transitway and York Region Transit, and potentially Durham Transit
and the Toronto Transit Commission; and,
Whereas the current Phase 1 Environmental Assessment for the Highway
407 Transitway by the Ministry of Transportation of Ontario currently ends at
Kennedy Road; now therefore be it resolved,
That the Ministry of Transportation of Ontario be requested to extend
the scope of the Phase 1 Environmental Assessment for the Highway 407
Transitway easterly to the Donald Cousens Parkway, to service the Box Grove
mobility hub; and further,
That a copy of this resolution be forwarded to Ministry of Transportation
of Ontario, Metrolinx, Region of York, Region of Durham, Toronto Transit Commission
and GO Transit.
CARRIED
(2/3rd vote to consider was required
and obtained)
7. COMMUNICATIONS
Council
consented to add Communication No. 32-2008.
Moved by
Regional Councillor T. Wong
Seconded by
Councillor L. Kanapathi
That Council
receive and consent to the disposition of communications in the following manner:
Referred to all Members of
Council
29-2008 Liquor Licence
Application - George Lliopoulos, Old Country Inn Restaurant, 198 Main Street
Unionville, requesting an approval for the application of temporary extension to
the outdoor liquor Licence for the patio areas. The extension will be utilized
in conjunction with the Unionville Village Community Festival being held on
June 7 and 8, 2008 from 12:00 noon to 10:00 p.m. (3.21)
Info
30-2008 Liquor Licence
Application - Forwarding a request to complete the Alcohol and Gaming
Commission Municipal Information Form for Thai One On, 7750 Kennedy Road, Unit
1 (Change of ownership for indoor licence) (3.21)
Info
31-2008 B. Cribbett,
Treasurer - Providing financial information for Markham Enterprises Corporation
and Powerstream, as requested by General Committee at its meeting held on April
21, 2008. (7.2) (Clause 1, Report No. 18, 2008)
Info
32-2008 Director
of Engineering - Providing an update on the issues related to a potential East
Markham Transit Terminal near the junction of Highway 407, CP Havelock line,
and Donald Cousens Parkway in the Box Grove Community in Markham. (10.0) (Other Business (1))
Memo
CARRIED
8. PROCLAMATIONS
Council
consented to separate Proclamation (1).
(1) PROCLAMATIONS (3.4)
Info
Moved by
Councillor D. Horchik
Seconded by
Councillor A. Chiu
That the
following be proclaimed in the Town of Markham:
- Emergency
Preparedness Week (May 4 to 10, 2008)
- Be Kind to
Animals Week (May 4 to 10, 2008)
- National Public Works Week (May 18 to 24, 2008); and,
That the
Corporate Communications Department be requested to publish the above
proclamations in the local newspapers; and,
That the
proclamation of "Khilafat Day" be deferred and referred to the next
meeting of Council for consideration.
CARRIED AS AMENDED
(See following motion to amend)
Moved by Councillor D. Horchik
Seconded by Councillor A. Chiu
That the
proclamation of "Khilafat Day" be deferred and referred to the next
meeting of Council for consideration.
CARRIED
9. NEW/OTHER BUSINESS
(1) EAST
MARKHAM TRANSIT TERMINAL (10.0)
Moved by
Regional Councillor
J. Jones
Seconded by
Councillor J. Webster
Whereas the
Box Grove Secondary Plan has denoted a potential transit hub in or near the
junction of Hwy 407, CP Havelock rail line and the Donald Cousens Parkway; and,
Whereas this
transit hub would service GO Transit, Hwy 407 Transitway and the Region of York
transit and potentially Durham Transit and the TTC; and,
Whereas this
transit hub will service Cornell and Box Grove; and,
Whereas the
Minister of Municipal Affairs recently approved the Seaton development plan in
West Pickering with a population of 70,000 persons and 40,000 employment
opportunities; and,
Whereas this
transit hub will also service the possible future Pickering Airport; and,
Whereas VIVA
is under negotiations for the acquisition of property and construction of a
transit terminal at Hwy 7 and Bur
Oak Drive in Cornell; be it resolved,
That GO
Transit, Region of York, the Ministry of Transportation (MTO) and Metrolinx be
requested to work with the Town of Markham to finalize the transit hub
requirements in the Hwy 407, CP Havelock and Donald Cousens Parkway area.
(Communication
No. 32-2008)
CARRIED
10. BY-LAWS
Council
consented to separate By-law 2008-76.
Moved by
Councillor J. Virgilio
Seconded by
Councillor V. Burke
That By-law 2008-76,
as amended and By-law 2008-77 be given three readings and enacted.
Three Readings
BY-LAW 2008-76 A by-law to amend Parking By-law 2005-188 (Pomander Road
Parking Prohibition).
By-law
CARRIED AS AMENDED
(See following motion to amend)
Moved
by Councillor J. Virgilio
Seconded
by Councillor C. Moretti
That
By-law 2008-76 be amended to include the effective date "from June 1 to
September 30, 2008 only".
CARRIED
BY-LAW 2008-77 A by-law to amend Municipal Law Enforcement Officers
Appointment By-law 2002-178 and Parking By-law 2005-188 (To revise the list for
officers).
By-law
CARRIED
11. IN-CAMERA ITEMS
Moved by
Councillor J. Virgilio
Seconded by
Regional Councillor T. Wong
That Council
resolve into an in-camera session at 10:02 p.m. to discuss confidential
matters.
CARRIED
Moved by
Regional Councillor G. Landon
Seconded by
Regional Councillor
J. Jones
That Council
rise from the in-camera session at 11:45 p.m. and the Chair report the following:
(1) MINUTES OF IN-CAMERA COUNCIL MEETINGS
- MARCH 25 AND APRIL 15, 2008 (16.0)
That the
minutes of the in-camera Council meetings held on March 25 and April 15, 2008,
be confirmed.
REPORT
OF GENERAL COMMITTEE - April 21, 2008
(2) EAST CORNELL HOLDINGS INC. (8.10)
That the
confidential report dated April 4, 2008 from the Town Solicitor entitled
"East Cornell Holdings Inc.” be received; and,
That staff be
authorized and directed to take all actions as are set out in this report.
(3) AUDITOR GENERAL POSITION (11.0)
That the
confidential report dated April 21, 2008 from the Director of Human Resources
entitled "Auditor General Position” be received; and,
That staff be
authorized and directed to take all actions as are set out in this report.
(4) 2007
COLLECTIVE BARGAINING BETWEEN THE CORPORATION
OF THE TOWN OF MARKHAM AND THE CANADIAN UNION
OF PUBLIC EMPLOYEES-LOCAL 905 (INSIDE AND OUTSIDE UNITS)
AND NON-UNION STAFF (11.0)
That
the Town of Markham ratify the Collective Agreement as agreed to on March 13,
2008 by the Negotiation Committees appointed by the Corporation and the
Canadian Union of Public
Employees-Local
905 (Inside and Outside Units) (CUPE) and subsequently ratified by the CUPE
membership on March 26, 2008 as described in the in-camera oral presentation;
and,
That
gratitude be extended to the members of the Negotiation Committees for their
work in reaching a settlement with CUPE; and,
That
the Town provides its non-union staff with comparable benefit and wage
increases and Council with comparable benefit increases as directed by Council
in the in-camera portion of the April 29, 2008 Council meeting; and further,
That the Director of Human Resources be
requested to prepare an information memo on Mayor and Council remuneration for
the May 5, 2008 General Committee meeting.
CARRIED
(See following recorded votes)
(11:2) and (11:2)
Council consented
to division of motion for voting purposes. See following recorded votes for
Paragraphs 1 and 3.
Paragraph 1
YEAS: Mayor
F. Scarpitti, Deputy Mayor J. Heath, Regional Councillor J. Jones, Regional
Councillor T. Wong, Regional Councillor G. Landon, Councillor V. Burke,
Councillor E. Shapero, Councillor C. Moretti, Councillor J. Webster, Councillor
D. Horchik, Councillor A. Chiu. (11)
NAYS: Councillor
J. Virgilio, Councillor L. Kanapathi. (2)
Paragraph 3
YEAS: Mayor
F. Scarpitti, Deputy Mayor J. Heath, Regional Councillor J. Jones, Regional
Councillor T. Wong, Regional Councillor G. Landon, Councillor V. Burke,
Councillor E. Shapero, Councillor C. Moretti, Councillor J. Webster, Councillor
D. Horchik, Councillor A. Chiu. (11)
NAYS: Councillor
J. Virgilio, Councillor L. Kanapathi. (2)
REPORT
OF DEVELOPMENT SERVICES COMMITTEE - April 22, 2008
(5) AMENDMENT TO CASH-IN-LIEU POLICY
FOR MARKHAM CENTRE (6.11)
That
the confidential report entitled “Amendment to Cash-in-lieu of Parkland Policy
for Markham Centre dated February 1, 2008 be received; and,
That the basis
for the calculation of the payment of cash-in-lieu of parkland contribution for
developments within the Markham Centre Secondary Plan Area who have executed
the Landowner’s CSA (the “Cost Sharing Agreement”) be calculated at the rate of
$1,300,000 per acre; and,
That the
authority to annually update the land values for the calculation of
cash-in-lieu of parkland payments for Landowners who have executed the CSA be
delegated to the Chief Administrative Officer; and
That
staff be authorized to do all things, including the execution of documents,
necessary to give effect to this recommendation.
CARRIED
Moved by
Regional Councillor G. Landon
Seconded by
Regional Councillor
J. Jones
That the
report be adopted, approved and confirmed.
CARRIED
12. CONFIRMATORY BY-LAW
Moved by
Councillor A. Chiu
Seconded by
Councillor L. Kanapathi
That By-law
2008-78 be given three readings and enacted.
Three Readings
BY-LAW 2008-78 A by-law to confirm the proceedings of the Council meeting of April
29, 2008.
(Council Meeting No. 6, 2008)
By-law
CARRIED
13. ADJOURNMENT
Moved
by Councillor A. Chiu
Seconded
by Regional Councillor J. Jones
That the meeting do adjourn.
CARRIED
Council
adjourned at 11:52 p.m.
____________________________________ __________________________________
SHEILA
BIRRELL, TOWN CLERK FRANK
SCARPITTI, MAYOR
(Signed)