2007-11-27
COUNCIL MINUTES Council Chamber, Civic Centre
Meeting No. 18
ROLL
CALL
Mayor F.
Scarpitti, Regional Councillor J. Heath, Regional Councillor T. Wong,
Councillor V. Burke, Councillor E. Shapero, Councillor J. Virgilio, Councillor
C. Moretti, Councillor J. Webster, Councillor D. Horchik, Councillor L.
Kanapathi, Councillor A. Chiu. (11)
REGRETS
Regional Councillor J. Jones, Regional
Councillor G. Landon. (2)
The Regular
Meeting of Council was held on November 27, 2007 at 7:07 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
A. Seabrooke, Acting
Director, Library Services, Fire Services, Recreation and Culture
P. Loukes, Acting Director, Operations and
Water Works
1. DISCLOSURE OF PECUNIARY INTEREST
(1) None declared.
2. MINUTES
(1) COUNCIL
MINUTES - NOVEMBER 13, 2007
Minutes
Moved by
Councillor A. Chiu
Seconded by
Councillor D. Horchik
That the
Minutes of the Council Meeting held on November 13, 2007, be adopted.
CARRIED
3. PRESENTATIONS
(1) MARKHAM
SOCCER CLUB HALL OF FAME FOR VOLUNTEERS (12.2.6)
Council recognized and thanked the volunteers
outlined below for their dedication to the Markham Soccer Club. They will be inducted into the Markham Soccer
Club's Hall of Fame for Volunteers of Distinction in meeting the criteria of
having served the Club for at least fifteen consecutive years.
Council also recognized the Markham Soccer
Club for receiving the Team of Distinction Award.
Volunteers:
- Duilio Bagnarol
- Marianne Castaldi
- Don McColl
- Sandra Wells
- Shirley Wiggans
(2) RECOGNITION OF ADOPT-A-PARK (12.2.6)
Council acknowledged and thanked the
community groups for their contribution, through community events, in working
with the Town of Markham to achieve a more beautiful, clean and green
environment. The groups outlined below
have agreed to adopt a park by conducting clean ups, a minimum of twice a year.
It should be noted that many of these groups go well beyond this minimum
requirement with additional clean ups, organising or participating in community
tree plantings and controlling invasive weed or tree species.
Adopt-a-Park
Ward 1 Location
Pomona Mills Park Conservationists Pomona Mills Park
Grandview Area Residents' Association Grandview Park
Bayview Lane Park Volunteers Bayview Lane
Park
Cricklewood Condo Corp. (YCC 299) Cricklewood Park
Federation of North American Explorers Royal Orchard Park
Ward 2 Location
Friends of Little German Mills Creek Huntington Park
Thornhill Baseball Bishops
Cross Park
5th Thornhill Scouts German Mills
Settlers Park
Knights of Columbus Simonston Park
German Mills Ratepayers Association Simonston Park
Neil Dattani Simonston
Park
Toronto Iranians Group Duncan
Park
Ward 3 Location
South Unionville Community Association South Unionville Storm
Pond
Unionville BIA Millennium
Square
Village Green Ratepayers Association Avoca Park
Richard
Robbins International Carlton
Park
Miner Circle
Group Toogood
Park
1st
Unionville Scout Group Bruce’s
Creek
Unionville
Villagers Association Bruce’s
Creek & Unionville Train Station
Kevin Cash Toogood
Pond
Starbuck’s Coffee Canada Crosby
Park
Markham YLC
Austin
Drive Park
YYT Volunteer Headquarters Monarch
Park
Ward 4 Location
Wismer Ratepayers Association Lampton
Parkette
Milne Park Conservation Association Milne Dam
Conservation Park
100th Markham Scout Group Berczy
Park
Markham Village Conservancy Dorothea
Moss Garden
Markham Village District Girl Guides Tannery Pond
Ward 5 Location
748 Markham Army Cadets 14th
Avenue Pathway
Friends of Paramount South Paramount
Park
Rouge Valley Division Cadets
-
Girl Guides of Canada Markhaven
Park
Vinegar Hill Ratepayers Association Rougehaven Park
Cornell Ratepayers Association Benjamin
Marr Park
Friends of
White’s Hill Park White’s
Hill Park
Cornell Garden Festival Committee The Mews
Linda & Friends Forster’s
Common
Friends of Christian Reesor Park Christian
Reesor Park
Markham Lions Club Mt. Joy Pond
Sea of Green Range
Valley Park
4th Markham Sparks Neighbourhood
Clean Up
Ward 6 Location
Amici Association Warden House
2nd Unionville
Cubs Coledale
Park
2nd Unionville Scouts John
Button Waterway
Apple Creek Achievers Pathfinder Club Leighland
Park
3rd Unionville Cubs Milton
Fierheller Park
3rd Unionville Scouts Ashton
Meadows Park
Smucker Foods of Canada Apple
Creek Park
Lakhani and Tsioros Families Thomas
Frisbee Woodlot
Tiger Group Hillmount
Park
Ward 7 Location
333rd Markham Scout Group Armadale
Park
Sri Sathya Sai Baba Centre of Toronto York James Edward Park
Islamic Society of Markham Beaupre
Park, north section
Ahmadiyya
Youth Association (Markham Chapter) Coppard
Park
Cedar Grove Community Association Cedar Grove Park
Rouge Fairways Residents' Association Tomlinson Park
Roxbury Park Guardians - John & Clara Roxbury Park
Legacy Community Ratepayers Association Old Mill Pond
Thiakos Family Elson
Park
Ward 8 Location
7th Milliken Mills Scout Group Risebrough
Park
Peer Alliance Denison
Park
Markham Federation of Filipino Canadians Highgate Park
Student Environmental Council John
Canning Park
-
Father McGivney Catholic Academy
(3) STIVER
MILL, 9 STATION LANE
- RESIDENT'S SURVEY (12.2.6)
Council recognized Mr. Mark Scarrow for his participation in the
resident's survey regarding the preservation of Stiver Mill, 9 Station
Lane. Mr. Scarrow was congratulated for
winning the survey draw as well.
4(a) REPORT NO. 62 - GENERAL COMMITTEE
(November 12, 2007)
Council
consented to separate Clause (1).
Moved by
Councillor J. Virgilio
Seconded by
Councillor E. Shapero
That Report
No. 62 - General Committee be received and adopted.
(1) PREMIER TAXI PLATE
CONVERSION REQUEST (2.23)
Report 1 2
That
the following paragraph be deferred until staff report back with a
comprehensive report on the taxi industry, including a mechanism for the
issuance of new plates:
"That By-Law No. 2002-308, “A By-Law for
Licensing, Regulating, and Governing Owners and Drivers of Taxicabs and Taxicab
Brokers” (as amended) be amended to:
o
restrict the
issuance of any new plates to Premier plates;
o
provide for
automatic issuance of Premier Plates based on a maximum ratio of plates to
population of 1:1500
o
require Premier
plate holders to drive the taxicab at least 50% of total hours of operation of
the taxicab
o
revise the
reference in Section 6.1(1) to an “application for taxi owner’s plate” to “an
application for a position on the Priority List”, to be substantiated with a
statutory declaration and trip sheets and/or GST registration or other
documents requested by the Licensing Officer
o
provide for a
statutory declaration and trip sheets and/or GST registration or other
documents requested by the Licensing Officer to remain on the Priority List
o
add a requirement
that the application be amended within seven days of any change in the
information on the application for the Priority List
o
provide that when
a person on the Priority List declines to make application for a Premier plate
when one is available, his/her name is placed at the bottom of the List
o
delete Sections 4
and 5 that require the Licensing Officer to recommend removal of names from the
List
o
revise Section
4.9(2) to provide for requests for the transfer of regular plates in less than
three years to be referred to the Licensing Committee;"
And that the request from the current Premier
Plate Holders for conversion of existing Premier Plates to regular plates be
approved;
And that staff report back in mid-May 2008
with a comprehensive report on the taxi industry, including a mechanism for the
issuance of new plates;
And that Staff be authorized and directed to
do all things necessary to give effect to this resolution.
CARRIED AS AMENDED
(See following motions to amend)
(See following motion which was
lost)
Moved by Councillor J. Virgilio
Seconded by Regional Councillor J. Heath
That Clause (1) of Report No. 62, Paragraph 1, be
deferred until staff report back with a comprehensive report on the taxi
industry, including a mechanism for the issuance of new plates.
CARRIED
The following motion has been deferred until staff report back with a
comprehensive report on the taxi industry, including a mechanism for the
issuance of new plates:
"Moved
by Councillor D. Horchik
Seconded
by Councillor J. Webster
That
Clause (1) of Report No. 62, Paragraph 1, Bullet 1,
be amended to read as "restrict the issuance of any new plates to regular
plates".
DEFERRED
Moved by Councillor J. Virgilio
Seconded Councillor E. Shapero
That the following Clause (1) of Report No. 62, Paragraph 2,
be approved:
"And that the request from the current
Premier Plate Holders for conversion of existing Premier Plates to regular
plates be approved;"
CARRIED
(See following record vote) (6:5)
YEAS: Mayor
F. Scarpitti, Regional Councillor T. Wong, Councillor E. Shapero, Councillor J.
Virgilio, Councillor C. Moretti, Councillor A. Chiu. (6)
NAYS: Regional
Councillor J. Heath, Councillor V. Burke, Councillor J. Webster, Councillor D.
Horchik, Councillor L. Kanapathi. (5)
ABSENT: Regional
Councillor J. Jones, Regional Councillor G. Landon. (2)
Moved by Regional Councillor J. Heath
Seconded by Councillor D. Horchik
That Clause (1), Report No. 62, Paragraph 3, be
amended to have staff report back in mid-May 2008 with a comprehensive report
on the taxi industry, including a mechanism for the issuance of new plates.
CARRIED
Moved by Councillor D. Horchik
Seconded by Councillor J. Webster
That Clause (1), Report No. 62, Paragraphs 1 & 2, be deferred until
staff report back with a comprehensive report on the taxi industry, including a
mechanism for the issuance of new plates.
MOTION
LOST
(See
following recorded vote) (5:6)
YES: Regional
Councillor J. Heath, Councillor V. Burke, Councillor J. Webster, Councillor D.
Horchik, Councillor L. Kanapathi. (5)
NAYS: Mayor
F. Scarpitti, Regional Councillor T. Wong, Councillor E. Shapero, Councillor J.
Virgilio, Councillor C. Moretti, Councillor A. Chiu. (6)
ABSENT: Regional
Councillor J. Jones, Regional Councillor G. Landon. (2)
4(b) REPORT NO. 63 - GENERAL COMMITTEE
(November 19, 2007)
Moved by
Councillor J. Virgilio
Seconded by
Regional Councillor T. Wong
That Report
No. 63 - General Committee be received and adopted.
(1) DEVELOPMENT
CHARGES
BY-LAWS RENEWALS (7.11)
That
the presentation from Ms. B. Cribbett, Treasurer, regarding Development Charges
By-laws Renewals, be received;
And
that Council endorse in principle the Development Charges Sub-Committee
recommendations, save and except that consideration of the continuance of the
limited exemption on non-residential developments to August 31, 2009, be
deferred to General Committee on December 3, 2007, pending a report from staff
on the financial implications of continuing the exemption;
And
that staff be directed to meet with the development industry and present the
recommendations of the DC Sub-Committee along with the financial data;
And
that staff provide periodic updates of results from consultations with the
development industry.
(2) CANCELLATION,
REDUCTION OR REFUND
OF TAXES UNDER SECTION 357 AND 358
OF THE MUNICIPAL ACT, 2001 RESIDENTIAL (7.1)
Report
That the
residential taxes totalling $74,421.58 be adjusted under Sections 357 (in the
amount of $31,071.67) and Section 358 (in the amount of $43,349.91) of the Municipal Act, 2001 of which the Town’s portion is estimated
to be $19,469.23;
And that the
associated interest be cancelled in proportion to the tax adjustments;
And that the
Treasurer be directed to adjust the Collector’s Roll accordingly;
And that staff
be authorized and directed to do all things necessary to give effect to this
resolution.
(3) AMENDMENTS TO THE PROCEDURAL BY-LAW
(13.2)
Report Attachment
That the report entitled “Bill 130 –Revisions
to Procedural By-law 2001-1” be received for information purposes; and
That Reasonable Notice By-law 2002-275 be
repealed and the requirements contained in this By-law be incorporated into
Procedural By-law 2001-1 as a Schedule; and
That Procedural By-law 2001-1 be further
amended to:
1) update
the definition of “Committee” and “Meeting” as prescribed by the Municipal
Act;
2) reflect
the ability for Council to now close a meeting to the public for the purposes
of educating or training, provided that the business or decision making of
Council is not materially advanced during such meetings; and
3) make
two minor housekeeping amendments related to the ability to hold Council
meetings in an adjacent municipality and to the inclusion of transportation
items under the list of subject matters to be considered by the Development
Services Committee; and
That notwithstanding the definition of
Committee provided for in Procedural By-law 2001-1, all Town Committees be
required to comply with the requirements of Procedural By-law 2001-1 in order
to ensure consistency in meeting administration; and further,
That a copy of the report entitled “Bill 130
–Revisions to Procedural By-law 2001-1” be provided to Markham’s Local Boards
and Committees for information/action.
(By-law
2007-262)
(4) MARKHAM
ENVIRONMENTAL
SUSTAINABILITY FUND – FALL FUNDING (5.7)
Report
1
That staff report titled “Markham Environmental
Sustainability Fund – Fall Funding”, dated November 12, 2007, be received;
And that Council approve funding for the following
Community Projects as evaluated and recommended by staff and the Environmental
Issues Committee as set out in this report, in the amount of $19,000.00 as
follows:
·
Youth Environmental Network of York Region
($10,000)
·
Unionville Meadows Public School ($5,000)
·
Stonebridge Public School ($4,000)
to be funded from the Markham Environmental
Sustainability Fund (MESF), Account #87 2800168;
And that staff report back with details for a
recognition and financial incentive system for condominiums corporations
seeking to replace existing boilers with high efficiency boilers;
And that staff investigate options for providing
incentives to encourage the adoption of other sustainable practices;
And that Staff be authorized to do all things
necessary to give effect to the above.
CARRIED
4(c) REPORT NO. 64 - DEVELOPMENT SERVICES
COMMITTEE (Nov. 6, 2007)
(1) DEMOLITION PERMIT APPLICATION 07 127018
DP
SINGLE DETACHED DWELLING
26 ALBERT STREET, MARKHAM
MARKHAM VILLAGE HERITAGE
CONSERVATION DISTRICT (16.11.3)
Report Attachment
That the
correspondence from Mr. Rick Wannop requesting Development Services Committee
defer the demolition application for 26 Albert Street be received;
And,
that the applicant work together with the Town staff to further assess the
condition of the building by permitting the removal of aluminum siding, front
porch and rear lean-to and explore options of how the building could be reused
including its potential use of a garage on its existing location with the
addition of a new dwelling built elsewhere on the property;
And,
that the demolition application 07 127018 for 26 Albert Street, Markham
Village, Heritage Conservation District be deferred;
And,
that it be noted that Rick Wannop, the owner of the property, has agreed with
the above process and voluntarily agreed to suspend the ninety day review
period specified in the Ontario Heritage Act."
And
that Staff be authorized and directed to do all things necessary to give effect
to this resolution.
CARRIED
4(d) REPORT NO. 65 - DEVELOPMENT SERVICES
COMMITTEE (Nov. 20, 2007)
Moved by Councillor J. Webster
Seconded by Councillor L. Kanapathi
That Report No. 65 - Development Services
Committee be received and adopted.
(1) RIVERLANDS AVENUE EAST
OF BUR OAK
IN THE CORNELL COMMUNITY
(5.17)
Report Attachment
That
the report entitled “Riverlands Avenue East of Bur Oak Avenue in the Cornell
Community”, dated November 20, 2007 be received;
And
that Parts 2 to 5 inclusive and Part 10 on Plan 65R-28526 (closed portion of
Riverlands Avenue) remain in the Town’s ownership to allow maintenance and
operations of existing underground municipal services;
And
that Staff be authorized and directed to do all things necessary to give effect
to this resolution.
(2) AUTHORITY TO EXECUTE
PRE-SERVICING AGREEMENTS (5.5)
Report Attachment
That
the report entitled “Authority to Execute Pre-Servicing Agreements”, dated November
20, 2007, be received;
And
that the Chief Administrative Officer and Commissioner of Development Services
be authorized to approve and adopt the form of a standard draft Pre-servicing
Agreement and make changes to it from time to time;
And
that the Director of Engineering be authorized to execute Pre-servicing
Agreements for approved development projects, prior to the execution of
development agreements, site plan control agreements or subdivision agreements
pursuant to the Planning Act;
And
that staff be authorized and directed to do all things necessary to give effect
to this resolution.
(3) HERITAGE EASEMENT
AGREEMENTS
FOR HERITAGE PROPERTY
TAX REDUCTION PROGRAM (7.3
& 16.11)
Report Attachment
That the Mayor
and Clerk be authorized to execute Heritage Easement Agreements with the
property owners identified on Schedule “A” attached to the report dated
November 20th, 2007, and any other documents required to give effect thereto,
in a form satisfactory to the Town Solicitor.
And that Staff
be authorized and directed to do all things necessary to give effect to this
resolution.
(By-law
2007-263)
(4) CASTLEMORE AVENUE
EXTENSION
FROM THE DONALD COUSENS
PARKWAY
TO THE EAST LIMIT OF
CASTLEMORE AVENUE
GREENSBOROUGH SECONDARY PLAN
(5.10)
Report
That the
report entitled “Castlemore Avenue
Extension, from the Donald Cousens Parkway to the East Limit of
Castlemore Avenue in the Greensborough Secondary
Plan”,
dated November 20,
2007, be received;
And that the Mayor and the Clerk be authorized to execute a construction
agreement with Humbold
Properties Limited
to complete Castlemore Avenue running east from the Donald Cousens Parkway , at
the developers cost, in a form satisfactory to the Chief Administrative Officer
and Town Solicitor, provided that Humbold Properties Limited provides evidence,
satisfactory to the Town Solicitor, that the requirements of the Municipal
Class Environmental Assessment have been met;
And
that staff be authorized and directed to do all things necessary to give effect
to this resolution.
(5) PILOT PROJECT
EVALUATION
OF ALTERNATIVE LOT SIZES,
SERVICING ALLOCATION AND
ZONING APPROVAL
FOR DRAFT PLAN OF SUBDIVISION
19TM-06017
CORNELL ROUGE DEVELOPMENT
CORPORATION
CORNELL COMMUNITY (ZA
06-135990) (5.5, 10.5, 10.7)
Report Attachment
That the zoning application (ZA 06-135990),
submitted by Cornell Rouge Development Corporation to implement draft plan of
subdivision 19TM-06017 (SU 06-135988) south
of 16th Avenue, east of Cornell Centre Boulevard, be approved and the draft Zoning By-laws attached as
Appendix ‘A’ be finalized and enacted;
That single-detached lots with frontages less
than 11m and depths of 25m, and all semi-detached lots with depths of 25m be
considered in residential subdivisions in the Cornell Community on a limited
basis, subject to appropriate measures being taken to ensure provision of
appropriately sized outdoor amenity space.
That the conditions under which
single-detached lots with frontages less than 11m and depths of 25m, and
semi-detached lots with depths of 25m are permitted, as outlined in this
report, be included in the Community Design Plan and/or Architectural Control
Guidelines for the Cornell Community, as appropriate.
That servicing allocation for 124 units (422.0 population), consisting of 79 single-detached units, 14 semi-detached units and 31
townhouse units, be
granted to Cornell Rouge Development Corporation subject to
written confirmation from the Trustee of the Cornell Landowners Group that
servicing allocation is available from the total sewer and water allocation
granted to the Cornell Community by the Town and the Region;
That Cornell
Rouge Development Corporation pay their proportionate share of the Hwy 48 flow
control measures, to the satisfaction of the Director of Engineering;
That the Town
reserves the right to revoke or reallocate the servicing allocation should the
development not proceed in a timely manner;
And
that Staff be authorized and directed to do all things necessary to give effect
to this resolution.
(By-law
2007-264 and 2007-265)
(6) TOWN
INITIATED OFFICIAL PLAN AMENDMENT
TO SET OUT THE REQUIREMENTS
FOR COMPLETE
OFFICIAL PLAN, ZONING BY-LAW,
SUBDIVISION
AND CONSENT APPLICATIONS SUBMISSIONS, AND
CONSULTATION BY-LAW
REQUIREMENTS FOR
OFFICIAL PLAN, ZONING BY-LAW,
PLAN OF SUBDIVISION
AND SITE PLAN APPLICATIONS
(OP.07-131262) (10.3, 10.5,
10.6 & 10.7)
Report Attachment
That the staff
report entitled “Town Initiated Official Plan Amendment to Set Out the
Requirements for Complete Official Plan, Zoning By-Law, Subdivision and Consent
Applications Submissions, and
Consultation By-Law Requirements for Official Plan, Zoning By-Law, Plan of
Subdivision and Site Plan Applications”, dated November 20, 2007 be received;
That a Public
Meeting be held to consider the Town Initiated Official Plan (OP.07-131262)
amendment (Appendix ‘A’) to add policies to the Official Plan to set out
requirements for complete Official Plan, Zoning By-law, Subdivision and Consent
applications;
That
notice of the Public Meeting be advertised in the local papers, after the Town
has received confirmation from York Region regarding their determination
whether or not the proposed Official
Plan is of local significance, and is exempt from Regional approval;
That By-law 2002-276, “to impose fees or
charges for services or activities provided or done by the Town of Markham” be
amended to increase the Meeting Notice Fee of $1.75 per notice to $2.25 per
notice;
And that Staff
be authorized and directed to do all things necessary to give effect to this
resolution.
(By-law
2007-266)
(7) UP-DATED MARKHAM CENTRE
PERFORMANCE MEASURES (10.0)
Report Attachment
That
the report dated November 20, 2007 titled “Up-dated Markham Centre Performance
Measures” be received;
That
Council endorse the revised Performance Measures Document;
That
staff finalize the Performance Measures Document for distribution and use in
the review of development applications within Markham Centre;
And
that Staff be authorized and directed to do all things necessary to give effect
to this resolution.
(8) UPDATE ON OPA'S
INTEGRATED POWER
SYSTEM PLAN (IPSP0 (5.7)
Memo Report 1 2
That the Memorandum titled, “Update on OPA’s Integrated Power System
Plan (IPSP)” be received;
That Council supports the position that efforts on Conservation Demand
Management (CDM) should be given priority and emphasized within the Province’s
IPSP;
That Council supports the position that a greater system planning
emphasis and dependence on distributed generation and district energy
technologies in communities be included within the Province’s IPSP;
That Council supports an “integrated solution” for supply to Northern
York Region comprised of: Demand
Reduction; New Transformer Station capacity; and Local Generation as adopted by
Council on September 27, 2005 and further endorsed by Council on April 24, 2007.
That the Town of Markham is strongly opposed to a transmission
contingency solution for Northern York Region and requests the OPA to expedite
supply options to Northern York Region that do not include transmission
solutions;
That the Development Services Committee support, the submission of this Memorandum to the Ontario
Power Authority, the Ontario Energy Board, Hydro One, PowerStream, Region of
York, and the Ministry of Energy, and that this support be ratified by Council
at the November 27, 2007 Council meeting;
That this Memorandum be forwarded to the Honourable M. Chan, M.P.P.
Markham, the Honourable P. Shurman, M.P.P. Thornhill, the Honourable Gerry
Phillips, Provincial Minister of Energy, and to all Members of the
Aurora-Markham Hydro One Task Force;
And that Staff be authorized and directed to do all things necessary to
give effect to this resolution.
(9) MINUTES OF THE OCTOBER
19, 2007
BUILDING & PARKS COMMITTEE
MARKHAM VILLAGE LIBRARY (16.0)
Minutes
That the correspondence received from Phil
Howes, Manager, Markham BIA, Dianne More, and Ignazio Natoli, expressing
support for the proposed wooden slat coverings be received;
And that the proposed wooden slat covering for
the west wall of the Markham Village Library be approved as per the original
architectural plan.
CARRIED
4(e) REPORT
NO. 66 - DEVELOPMENT SERVICES PUBLIC MEETING (Nov. 20, 2007)
(1) AMENDMENTS TO DEVELOPMENT
AND BUILDING FEE BY-LAWS (7.12)
Report 1
That the
Record of the Public Meeting held on November 20, 2007, with respect to the
proposed amendments to the Development and Building Fee By-laws be
received;
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 that
By-law 2007-16 be repealed and the attached “By-law respecting Construction,
Demolition and Change of Use Permits and Inspections,” attached as Attachment
“B”, be enacted;
And that the
By-laws come into force and take effect on January 1, 2008.
4(f) REPORT NO. 67 - GENERAL COMMITTEE
(November 26, 2007)
Council
consented to add Report No. 67 - General Committee. Council also consented to separate Clause
(1).
Moved by
Councillor J. Virgilio
Seconded by
Regional Councillor T. Wong
That Report
No. 67 - General Committee be received and adopted.
(1) 2008
WATER/WASTEWATER RATE INCREASE (5.3)
Report Appendix
A B C D
That
the report dated November 26, 2007 entitled “2008 Water/Wastewater rate
increase” be received;
And
that the minutes of the Public Council Meeting held November 20, 2007, regarding water/wastewater rate increases, be received;
And that the
2008 Water/Wastewater rate increase be equivalent to the Region of York’s
(“Region”) increase of 6.35% resulting in an increase in the Town of Markham’s
(“Town”) Water/Wastewater rate of $0.1006 per cubic metre (m3);
And that in
addition to the Region’s increase, a Water/Wastewater Infrastructure Surcharge
of $0.4137/m3 will be phased-in over 10 years effective January 1,
2008 with an increase of $0.0827/m3 (20% of total
increase) in 2008 and an increase of $0.0621/m3 (15% of
total increase) in 2009. The remaining
65% increase of $0.2689 will be spread evenly over the following 8 years which
is equivalent to an increase of $0.0336/m3 per year from 2010 to
2017 inclusive. The Infrastructure
Surcharge will be applied to the Water/Wastewater rate to address the ongoing
replacement and rehabilitation requirements for Waterworks infrastructure;
And that the
total 2008 Water/Wastewater rate be increased from $1.5838/m3 to
$1.7671/m3, an increase of $0.1833/m3 or 11.6%;
And that By-Law
2002-276, the bylaw on fees and charges for services or activities provided or
performed by the Town of Markham, be amended to reflect the increase in
Water/Wastewater rate;
And that Staff
report back to Council annually on the Region’s Water/Wastewater rate increase
and the status of the Water/Wastewater Reserve Balance and any potential
Infrastructure Surcharges in addition to the total increase of $0.4137/m3;
And that Staff
be authorized and directed to do all things necessary to give effect to this
resolution.
(By-law
2007-271)
CARRIED
(See following recorded vote) (10:1)
YEAS: Mayor
F. Scarpitti, Regional Councillor T. Wong, Councillor V. Burke, Councillor E.
Shapero, Councillor J. Virgilio, Councillor C. Moretti, Councillor J. Webster,
Councillor D. Horchik, Councillor L. Kanapathi, Councillor A. Chiu. (10)
NAYS: Regional
Councillor J. Heath. (1)
ABSENT: Regional
Councillor J. Jones, Regional Councillor G. Landon. (2)
(2) NOMINATION OF OPERA YORK FOR
PREMIER’S AWARD OF EXCELLENCE IN THE ARTS (13.5.12)
Letter
That the letter dated November 15, 2007 from
the City of Vaughan regarding Vaughan’s nomination of Opera York for the
Premier’s Award of Excellence in the Arts and requesting that the Mayor submit
a letter of support for the nomination by November 30, 2007, be received;
And that the Mayor
write a letter in support of the nomination.
CARRIED
4(g) REPORT
NO. 68 - DEVELOPMENT SERVICES COMMITTEE (November 27, 2007)
Council
consented to add Report No. 68 and to separate Clause (2).
Moved
by Councillor J. Webster
Seconded
by Councillor D. Horchik
That
Report No. 68 - Development Services Committee be received and adopted.
(1) CLASS ENVIRONMENTAL ASSESSMENT
FOR CENTURIAN DRIVE
WOODBINE AVENUE TO ALLSTATE
PARKWAY (5.7)
Report Attachment
A B Attachment
C
That the report entitled “Centurian Drive Class Environmental
Assessment”, dated November 20, 2007 be received;
And that the preferred alternative for the reconstruction of Centurian Drive
between Allstate Parkway and Woodbine Avenue as detailed in the Centurian Drive
Class Environmental Assessment Study Report be endorsed;
And that
subject to 2008 Capital Budget approval staff be authorized to proceed with the
detailed design for the Centurian Drive
improvements;
And that the Mayor and Clerk be authorized to enter into agreements to
acquire properties as may be required to implement the recommended alternative
subject to the approval of the CAO and the Town Solicitor and 2008 capital
budget approval;
And that in the event that staff are
unable to come to an agreement with the property owners for the acquisition of
the required lands, the CAO, in conjunction with the Town Solicitor, be
authorized to expropriate the necessary property and/or easements;
And that staff be authorized and directed to do all things
necessary, including the execution of documents, to give effect to the above.
CARRIED
(2) KENNEDY ROAD FEEDERMAIN PD4 TO PD6
CLASS ENVIRONMENTAL ASSESSMENT
(5.7)
Report Attachment
That
the staff report entitled “Kennedy Road Feedermain PD4 to PD6, Class
Environmental Assessment” be received;
And that the
City of Toronto and Region of York be requested to work with the Town of
Markham to address residents/business concerns regarding construction impacts;
And
that the preferred alternative alignment for the construction of the Kennedy Road
feedermain as set out in the Class Environmental Assessment prepared by the
City of Toronto and Region of York, be subject to the following conditions:
·
The City of Toronto and Region
of York enter into suitable Agreements with the Town for the acquisition of
easements over Town properties.
·
The design of the
watermain be subject to the review and approval of the Town of Markham as it
relates to the impact of construction on municipal services.
·
The City of Toronto and Region
of York prepare a detailed traffic management plan for the project and that
this Traffic Management Plan be subject to the review and approval of the Town
of Markham as it relates to the impact of construction on the local road
network.
·
The City of Toronto and Region
of York prepare a Public Communication
Plan relating to traffic, noise and other potential construction impacts of the
project and that this Plan be subject to the review and approval of the Town of
Markham;
And
that the Mayor and Clerk be authorized to enter into Agreements with the City
of Toronto and York Region as required with respect to the conveyance of
easements and other items relating to the implementation of the project, in a
form satisfactory to the CAO, the Town Solicitor and the Commissioner of Fire
and Community Services;
And that the
City of Toronto be requested to work with Markham Community Services Commission
in the update of the Milliken Mills Park Master Plan, including the area in and
around the water tower and facilities;
And
that Staff be authorized and directed to do
all things necessary to give effect to this resolution;
And
that Debbie Korolnek, General Manager, Water and
Wastewater of the Region of York and Michael D’Andrea,
Director of Water Infrastructure Management of the City of Toronto be advised
of this decision.
CARRIED
5. COMMUNICATIONS
Moved by
Councillor A. Chiu
Seconded by
Regional Councillor T. Wong
That Council
receive and consent to the disposition of communications in the following
manner:
Referred to all Members of
Council
84-2007 Greg McCormick,
Unionville BIA - Forwarding a request to close the following roads to
facilitate the Olde Tyme Christmas being held on Friday, December 7, 2007:
- Main Street Unionville north of Euclid to
south of Library Lane (6:00 p.m. to 8:00 p.m.)
- Main Street Unionville at Concession Road to
south of Carlton Road (6:00 p.m. to 10:00 p.m.)
- Carlton Road west of Concession Road to south
of Pomander Road (6:00 p.m. to 8:00 p.m.)
- Fred Varley east of EJ Lennox Way to Main
Street Unionville (6:00 p.m. to 10:00 p.m.) (3.5) (By-law 2007-269)
Info
85-2007 Liquor Licence
Application - Forwarding a request to complete the Alcohol and Gaming
Commission Municipal Information Form for It's All Greek, 3760 Highway No. 7,
Unit 2A (indoor) (3.21)
Info
86-2007 Liquor Licence
Application - Forwarding a request to complete the Alcohol and Gaming
Commission Municipal Information Form for Homewood Suites by Hilton - Markham,
50 Bodrington Court (indoor & outdoor) (3.21)
CARRIED
6. OTHER BUSINESS
Council
consented to add Other Business (1) & (2).
(1) MINUTES
OF THE BUILDING AND PARKS
CONSTRUCTION COMMITTEE
MEETING OF NOVEMBER 16, 2007 (16.0)
Minutes
Moved by Councillor V. Burke
Seconded by Councillor A. Chiu
That the minutes of the Building and Parks
Construction Committee meeting of November 16, 2007 be received;
And that the following recommendation from
item 5(b) of the minutes be approved:
“That the request for the extension of Centennial
Community Centre Addition and Renovation Contract Number 055-T-05, be received;
And that Contract Number 055-T-05 between the
Town of Markham and Canning Contracting Limited for the expansion and
renovation of the Centennial Community Centre be extended from November 27,
2007 to January 31, 2008.”
CARRIED
(2) COMMUNITY
AWARDS RECEPTION (12.2.6)
Council
requested the Chief Administrative Officer, the Town Clerk and the Executive
Assistant to Mayor and Council to look into the hosting of receptions for
groups being recognized for various community awards prior to the Council
meeting during which the award will be presented.
7. BY-LAWS
Council
consented to add By-law 2007-271 and to withdraw By-law 2007-261.
Moved by
Councillor A. Chiu
Seconded by
Councillor L. Kanapathi
That By-laws
2007-262 to 2007-269 and 2007-271 be given three readings and enacted.
Three Readings
BY-LAW 2007-261 A by-law to amend By-law 2002-308, a by-law for licensing,
regulating and governing owners and drivers of taxicabs and taxicab brokers
(Premier taxi plate conversion).
(Clause 1, Report No. 62, 2007) WITHDRAWN
BY-LAW 2007-262 A by-law to amend Procedural By-law 2001-1 (Bill 130 and
housekeeping amendments). (Clause 3, Report No. 63, 2007)
By-law
BY-LAW 2007-263 A by-law to authorize the execution of Heritage Easement
Agreements (Priscilla Kent, 111 John Street; Zenouzi Imani & Firozeh
Shadmanpour, 7705 to 7707 Yonge Street; Diane Mitchell, 2 David Gohn Circle;
K.E.C. Holdings Inc., 128 Main Street North Markham; Dejana & Blagoj
Kosovksi, 190 Main Street North Markham; Yvonne & Kenneth Posthill, 249
Main Street North Markham; Amber Plains Investment Ltd., 819 Bur Oak Avenue). (Clause 3, Report No. 65, 2007)
By-law
BY-LAW 2007-264 A by-law to amend Zoning By-law 304-87, as amended (Cornell Rouge
Development Corporation, 19TM-06017, Part of Lots 13 to 15, Concession 9, south
of 16th Avenue, east of Cornell Centre Boulevard - To delete the subject lands
from By-law 304-87, as amended, to permit residential dwelling units and open
space blocks).
(Clause 5, Report No. 65, 2007)
By-law
BY-LAW 2007-265 A by-law to amend Zoning By-law 177-96, as amended (Cornell Rouge
Development Corporation, 19TM-06017, Part of Lots 13 to 15, Concession 9, south
of 16th Avenue, east of Cornell Centre Boulevard - To permit residential
dwelling units and open space blocks).
(Clause 5, Report No. 65, 2007)
By-law
BY-LAW 2007-266 A by-law to amend Fee By-law 2002-276 (To revise meeting notice
fee of $1.75 to $2.25 per notice). (Clause
6, Report No. 65, 2007)
By-law
BY-LAW 2007-267 A by-law to amend Tariff of Fees for Processing Planning
Applications By-law 211-83 (Planning/Urban Design and Engineering Department
fee revisions).
(Clause 1, Report No. 66, 2007)
By-law
BY-LAW 2007-268 A by-law respecting construction, demolition and change of use
permits and inspections) (Building By-law) (Repeals Building By-law 2007-16).
(Clause 1, Report No. 66, 2007)
By-law
BY-LAW 2007-269 A by-law to authorize the temporary closure of various roads at
Main Street Unionville to facilitate the Olde Tyme Christmas being held on
December 7, 2007.
(Communication 84-2007)
By-law
BY-LAW 2007-271 A by-law to amend By-law 2002-276, a by-law to impose fees or
charges for services or activities provided or done by the Town of Markham (To
update Water/Wastewater Rates - Effective January 1, 2008).
(Clause 1, Report No. 67, 2007)
By-law
CARRIED
8. IN-CAMERA ITEMS
Moved by
Councillor D. Horchik
Seconded by
Regional Councillor J. Heath
That Council
resolve into an in-camera session to discuss confidential legal and personnel matters
at 8:56 p.m.
_________________
Councillor J.
Virgilio left the meeting at 8:58 p.m. and was not present during the
deliberation of the matter regarding Regional Councillor J. Jones.
_________________
Moved by
Regional Councillor J. Heath
Seconded by
Councillor J. Webster
That Council
rise and the Chair report the following from in-camera session at 10:37 p.m.:
REPORT
OF DEVELOPMENT SERVICES COMMITTEE - November 20, 2007
(1) CONFIDENTIAL
LEGAL MATTER (10.0)
That the
memorandum dated November 15, 2007 from the Town Solicitor providing an update
regarding a confidential legal matter be received.
CARRIED
REPORT
OF GENERAL COMMITTEE - November 26, 2007
(2) PERSONNEL
MATTER - J. JONES (11.0)
Mayor F. Scarpitti read the correspondence from Regional Councillor Jim
Jones regarding his intention to step down as Deputy Mayor. Ms. C. Conrad, Town Solicitor, read the
letter from Mr. Scott Fenton, Solicitor for Regional Councillor Jim Jones,
summarizing Mr. Jones' wishes to continue as Regional Councillor.
That the
correspondence from Regional Councillor Jim Jones and the letter from Mr. Scott
Fenton, Solicitor for Regional Councillor Jim Jones, be received;
And that
Council accept Regional Councillor Jim Jones stepping down as Deputy Mayor;
And that
Regional Councillor Jim Jones be removed from position as Chair and Vice-Chair
on all Town Committees, Subcommittees, and Boards;
And that all
appointments for Regional Councillor Jim Jones be revoked with respect to
external Committees, Boards, and agencies;
And that
Regional Councillor Jim Jones be asked to immediately resign from Markham
Council.
CARRIED
(See following recorded votes)
Council consented to division of the question for voting purposes,
as follows:
Moved by Councillor C. Moretti
Seconded by Councillor E. Shapero
"And that Council accept Regional Councillor Jim Jones stepping
down as Deputy Mayor;"
CARRIED
(See following recorded vote)
(10:0)
YEAS: Mayor
F. Scarpitti, Regional Councillor J. Heath, Regional Councillor T. Wong,
Councillor V. Burke, Councillor E. Shapero,
Councillor C. Moretti, Councillor J. Webster, Councillor D. Horchik,
Councillor L. Kanapathi, Councillor A. Chiu. (10)
ABSENT: Regional
Councillor J. Jones, Regional Councillor G. Landon, Councillor J. Virgilio. (3)
Moved by Councillor L. Kanapathi
Seconded by Councillor E. Shapero
"And
that Regional Councillor Jim Jones be removed from position as Chair and
Vice-Chair on all Town Committees, Subcommittees, and Boards;
And
that all appointments for Regional Councillor Jim Jones be revoked with respect
to external Committees, Boards, and agencies;"
CARRIED
(See following recorded vote)
(10:0)
YEAS: Mayor
F. Scarpitti, Regional Councillor J. Heath, Regional Councillor T. Wong,
Councillor V. Burke, Councillor E. Shapero,
Councillor C. Moretti, Councillor J. Webster, Councillor D. Horchik,
Councillor L. Kanapathi, Councillor A. Chiu. (10)
ABSENT: Regional
Councillor J. Jones, Regional Councillor G. Landon, Councillor J. Virgilio. (3)
Moved by Councillor D. Horchik
Seconded by Councillor J. Webster
"And
that Regional Councillor Jim Jones be asked to immediately resign from Markham
Council."
CARRIED
(See following recorded vote)
(6:4)
YEAS: Mayor
F. Scarpitti, Regional Councillor T. Wong, Councillor C. Moretti, Councillor J.
Webster, Councillor D. Horchik, Councillor L. Kanapathi. (6)
NAYS: Regional
Councillor J. Heath, Councillor V. Burke, Councillor E. Shapero, Councillor A.
Chiu. (4)
ABSENT: Regional
Councillor J. Jones, Regional Councillor G. Landon, Councillor J. Virgilio. (3)
Moved by
Regional Councillor J. Heath
Seconded by
Councillor J. Webster
That the
report be adopted, approved and confirmed.
CARRIED
_________________
Councillor J.
Virgilio returned to the meeting at 10:46 p.m.
_________________
9. CONFIRMATORY BY-LAW
Moved by
Regional Councillor T. Wong
Seconded by
Councillor L. Kanapathi
That By-law
2007-270 be given three readings and enacted.
Three Readings
BY-LAW 2007-270 A by-law to confirm the proceedings of the Council meeting of
November 27, 2007.
(Council Meeting No. 18, 2007)
By-law
CARRIED
10. ADJOURNMENT
Moved by Councillor A. Chiu
Seconded
by Regional Councillor J. Heath
That the meeting do adjourn.
CARRIED
Council
adjourned at 10:48 p.m.
___________________________________ _____________________________________
SHEILA
BIRRELL, TOWN CLERK FRANK
SCARPITTI, MAYOR
(Signed)