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                                                                                                                                    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)

 

Council consented to separate Clauses (1) and (3).

 

Moved by Councillor J. Webster

Seconded by Councillor D. Horchik

 

That Report No. 19 - Development Services Committee be received and adopted.

 

 

(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 Council express its disappointment that this wonderful heritage resource was not properly maintained; and further,

 

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

 

CARRIED

 

 

(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. 


 

____________________________

 

Moved by Councillor D. Horchik

Seconded by Councillor C. Moretti

 

That Council recess into an in-camera session at 8:32 p.m. to discuss a confidential land acquisition matter.

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.

 

CARRIED AS AMENDED BY A RECORDED VOTE (8:5)

(See following recorded vote)

(See following motion to amend)


 

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)

 

 

            Moved by Councillor D. Horchik

            Seconded by Councillor V. Burke

 

            That Clause (3), Report No. 19 be amended as follows:

 

            Delete the following Paragraphs 2 and 3:

 

"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."

 

            Add the following as Paragraphs 2 and 3:

 

"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."

 

CARRIED BY A RECORDED VOTE (8:5)

(See following recorded vote)

 

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)

 

Moved by Councillor J. Webster

Seconded by Councillor D. Horchik

 

That Report No. 20 - Development Services Public Meeting be received and adopted.

 

 

(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)

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