2007-04-10
COUNCIL MINUTES Council Chamber, Civic Centre
Meeting No. 7
ROLL
CALL
Mayor F.
Scarpitti, Deputy Mayor J. Jones, Regional Councillor J. Heath, 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 10, 2007 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
J. Sales, Commissioner of Community &
Fire Services
A. Taylor, Commissioner of Corporate Services
S. Birrell, Town Clerk
K. Kitteringham, Deputy Clerk
C. Conrad, Town Solicitor
B. Cribbett, Treasurer
B. Nanninga, Executive Assistant
J. Wong, Technology Support Specialist
1. DISCLOSURE OF PECUNIARY INTEREST
None declared.
2. MINUTES
(1) COUNCIL
MINUTES - MARCH 27, 2007
Minutes
Moved by
Councillor A. Chiu
Seconded by
Councillor J. Virgilio
That the
Minutes of the Council Meeting held on March 27, 2007, be adopted.
CARRIED
3. PRESENTATIONS
Council
consented to add Presentation (2).
(1) 2ND
UNIONVILLE CUBS (12.2.6)
Council
welcomed the 2nd Unionville Cubs along with their leaders to the
meeting.
(2) 90TH
ANNIVERSARY OF THE BATTLE OF VIMY RIDGE (12.2.6)
Council recognized
the 90th Anniversary of the Battle of Vimy Ridge fought from April 9
to 12, 1917, and observed a minute of silence in honour of all those who served
at Vimy Ridge and in the First World War.
4(a) REPORT NO. 21 - GENERAL COMMITTEE
Moved by Councillor
J. Virgilio
Seconded by
Regional Councillor T. Wong
That Report
No. 21 - General Committee (April 2, 2007) be received and adopted.
(1) REPORT
ON NON-ESSENTIAL USE OF PESTICIDES (5.7)
Report 1
That Council
instruct staff to proceed with a community consultation meeting respecting
pesticide regulation in the Town of Markham;
And that the
community meeting follow Option 2, as outlined in the staff report titled
“Report on Regulating the Non-Essential Use of Pesticides”, which includes a
draft by-law restricting the non-essential use of pesticides in Markham being
brought to General Committee, followed by a meeting with the public, and
finally a presentation to Council for a decision before the end of June;
And that the
draft By-law be modelled on Toronto’s pesticide By-law and further that the
best practices from other municipalities be considered, including a phased in
implementation program and possible exemptions subject to any other changes
that staff may recommend;
And that staff
be authorized to do all things necessary to give effect to the above.
(2) 2007
ADVISORY COMMITTEE/BOARD
APPOINTMENTS
(16.24)
That the
following appointments be confirmed:
Achievement
and Civic Recognition Awards Committee (ACRA)
Imran
Ali For
term ending November 30, 2010
Sheynoor
Karsan For
term ending November 30, 2010
Hemant
Misir For
term ending November 30, 2010
Animal Care
Committee
Robert
Bowman For
term ending November 30, 2009
Julia
Burke For
term ending November 30, 2009
Terri
Daniels For
term ending November 30, 2009
Chris
Girgulis For
term ending November 30, 2009
Jane
Kwong For
term ending November 30, 2009
Rachel
Lau For
term ending November 30, 2009
Barbi
Lazarus For
term ending November 30, 2009
Denielle
Duncan For
term ending November 30, 2009
Mary
Brown For
term ending November 30, 2009
Yasuko
Naka For
term ending November 30, 2009
Markham Race
Relations Committee
That the
resignation of Ms. Shamira Madhany be accepted with regret:
Markham
Library Board
That the term
of office for the current members of the Markham Library Board be extended
until April 30, 2007 in order to provide for continuity on the board;
And that the
following persons whose terms will expire on April 30, 2007 be forwarded a
letter of appreciation:
Joanne
Pickering
Elliot Berlin
Michelle
Tidball
And that the
following persons be appointed for a term effective May 1, 2007 expiring November 30, 2010:
Deborah Jestin
William
Jeyaveeran
Shamira
Madhany
Justin Hung
Mahendra Naik
Cheryl Giblon
Patricia Durst
Ada Leung
Rashi Sharma
Lan Sum.
(3) 025-R-06 RECRUITMENT ADVERTISING
SERVICES (7.12)
Report
That the
report titled “025-R-06 Recruitment advertising Services” be received;
And that
Request For Proposal 025-R-06 Recruitment Advertising Services be awarded to
the highest ranked and second lowest priced proponent, Tamm Communications in
the estimated amount of $420,000.00, inclusive of PST and exclusive of GST for
a term of three years;
And that the
2007 costs, estimated at $140,000.00 be charged to the Operating Account 200
201 5820 Recruitment Advertisement, subject to Council approval of the 2007
operating budget;
And that the
following 2008-2009 estimated costs be provided for within the respective years
budget submission for the Human Resources Department;
- 2008 $140,000.00
- 2009 $140,000.00
And that staff
be authorized and directed to do all things necessary to give effect to this
resolution.
(4) AWARD
OF TENDER #010-T-07 TOWN-WIDE, INTERLOCKING
STONE REPAIRS (7.12.2)
Report 1
That the
report titled “Award of Tender # 010-T-07 Townwide, Interlocking Stone Repairs”
be received;
And that the
contract for Townwide, Interlocking Stone Repairs be awarded to the lowest
bidder, Cambium Site Contracting Inc. for an estimated annual amount of
$183,000.00 exclusive of GST, totalling $549,000.00 exclusive of GST for a
period of three (3) years;
And that funds
for this contract for the 2007 period be drawn from the pre-approved 2007
Capital and Operating Budget Accounts as listed below in the amount of
$183,000, exclusive of GST;
And that funds
for this contract for the 2008 and 2009 period, in the amount of $366,000,
exclusive of GST, be included in the 2008 and 2009 budget discussions;
And that staff
be authorized and directed to do all things necessary to give effect to this
resolution.
(5) EXTENSION
OF CONTRACT 068-R-06
CONSULTING SERVICES FOR FACILITY
PROJECT
MANAGEMENT AND SPACE PLANNING
(7.12)
Report
That
the report titled “Extension of Contract 068-R-06 Consulting Services for
Facility Project Management and Space Planning” be received;
And
that Contract 068-R-06 for Facility Project Management and Space Planning be
extended for Two (2) years with Mayhew and Associates Ltd. In the estimated
annual amount of $250,000 totaling $500,000, exclusive of GST;
And
that funds for this contract be drawn from the pre-approved 2007 Corporate
Accommodations Budget Account 056 6150 7501 005 in the amount of $250,000,
exclusive of GST;
And
that funds for this contract for the 2008 period, in the amount of $250,000,
exclusive of GST, be included in the 2008 budget discussions;
And
that staff be authorized and directed to do all things necessary to give effect
to this resolution.
(6) ANIMAL
CARE SERVICES UPDATE (16.0)
Report 1
That the Annual Work Program and Methods of Fundraising of the Animal
Care Services Committee attached to the report of the Town Clerk dated March
20, 2007 be approved;
And
that Staff be authorized and directed to do all things necessary to give effect
to this resolution.
(7) BUDGET
SUB-COMMITTEE NEXT STEPS (7.4)
That the Budget Sub-Committee be authorized to
proceed to a Budget Breakfast presentation on April 16, 2007 subject to their
meeting the afternoon of April 2, 2007;
And that an additional Budget Sub-Committee meeting
be held on April 23, 2007 to receive the feedback
from the Budget Breakfast and for the Budget Sub-Committee to make a
recommendation to the General Committee.
CARRIED
4(b) REPORT NO. 22 - DEVELOPMENT SERVICES
COMMITTEE
Moved by Deputy Mayor J. Jones
Seconded by Councillor J. Webster
That Report No. 22 - Development Services
(April 3, 2007) be received and adopted.
(1) TUCCIARONE (1696913 ONTARIO LTD.) -
CLERA HOLDINGS LTD.)SOUTH SIDE OF
ELGIN MILLS ROAD, WEST OF WOODBINE AVENUE
CATHEDRAL COMMUNITY19TM-95075
IMPLEMENTING ZONING BY-LAW
AMENDMENTS
(SU.01-110135 AND ZA.07-108663) (10.5)
Report Attachment
That the
attached draft zoning by-law amendments be enacted;
And that
Council be advised that staff approval of the red line revisions to draft plan
of subdivision 19TM-95075 (Phase II) will follow enactment of the zoning
by-laws.
(By-laws 2007-59
and 2007-60)
(2) ASSUMPTION
OF PLANS OF SUBDIVISION (10.7)
Report
Whereas by
Memorandum dated March 5, 2007 the Director of Engineering advised that the
guarantee periods for Registered Plan 65M-2507, 65M-3256, 65M-3349, 65M-3414,
65M-3133, 65M-3247, 65M-3420, 65M-3478, 65M-3525 and 65R-21789, Parts 1 and 2.
Now therefore
be it resolved:
That the
services in the following subdivisions be assumed:
Rust
Developments Ltd 65M-2507
Indio
Construction Inc. 65M-3256
Cedar-Erin
Developments Inc 65M-3349
and
(Macrill
Road – Parts 1 and 2) 65R-21789
Sixteenth
Warden Limited and
Cedar-Erin
Developments Inc. 65M-3414
Markham
Glen Inc. and
Minto
(Markham) Limited 65M-3133
Markham
Glen Inc. and
Minto
(Markham) Limited 65M-3247
Markham
Glen Inc. and
Minto
(Markham) Limited 65M-3420
Markham
Glen Inc. and
Minto
(Markham) Limited 65M-3478
Markham
Glen Inc. and
Minto
(Markham) Limited 65M-3525
And that the
Mayor and Clerk be authorized to execute the necessary releases from the terms
of the subdivision agreements;
And further
that the necessary by-laws be enacted to establish roads within the
subdivisions as part of the highways of the Town of Markham.
(By-law 2007-61)
(3) BIO
2007 (10.16)
Report Attachment
That the
report entitled “BIO 2007” be received;
And that the
Town authorize the Director of Economic Development to participate in the
annual BIO International Convention, in Boston, May 6-9, and related business
development initiatives at a total cost not to exceed $4,800 to be funded from
within the Economic Development 2007 base operating budget, Business Travel
account #610-9985201;
And that the
Chair of the Economic Development Committee be authorized to participate in the
same event for a one day period at a cost not to exceed $1,100 to be funded
from within the Economic Development 2007 base operating budget, Business
Travel account #610-9985201.
CARRIED
5. MOTIONS
Council consented to add Motions (1) and (2).
(1) 90TH
ANNIVERSARY OF THE BATTLE OF VIMY RIDGE (12.2.6)
Moved by Deputy Mayor J. Jones
Seconded by
Regional Councillor J. Heath
That the Town
of Markham Council commemorate the 90th Anniversary of the Battle of
Vimy Ridge fought from April 9 to 12, 1917, and express heartfelt thanks to
those Canadians who served at Vimy Ridge and in the First World War;
And that a
copy of this motion be forwarded to the local Veterans' Association.
CARRIED
(2) 2ND
UNIONVILLE CUBS (12.2.6)
Moved by
Councillor D. Horchik
Seconded by
Councillor J. Webster
That the Town
of Markham Council recognize and receive the attendance of the 2nd
Unionville Cubs.
CARRIED
6. NOTICE OF MOTIONS
(1) RENAMING
OF HIGHWAY 7 FROM
DONALD COUSENS PARKWAY TO MAIN
STREET MARKHAM (10.14)
Moved by
Councillor J. Webster
Seconded by
Councillor J. Virgilio
Whereas
Highway 7 has been transferred from the Province to the Region from a point
just east of the Donald Cousens Parkway to Main Street Markham; and
Whereas the
urban plan is to create a streetscape more representative of a community than a
Provincial Highway;
Therefore be
it resolved that the Town of Markham Staff be requested to do whatever is
necessary to start the process of changing the name of Highway 7 to something
more suitable and in keeping with Town and Region guidelines, practices and
policies, as well as public input.
Moved by Councillor V. Burke
Seconded by Regional Councillor J. Heath
Whereas the guidelines in the Thornhill Markham Heritage Conservation District Plan - 1986,
which is the latest and most current plan, state in Section 3.4.1.5:
“The height of new residential buildings
should not be less than 80% and not more than 120% of the average height of the
residential buildings on immediately adjacent properties. Historically appropriate heights for new
residential buildings are considered to be 1-1/2 or 2 storeys, subject to an
actual height in metres compatible with immediately adjacent buildings and
complying with zoning provisions. The
height of the St. Valdimir Church steeple (12 metres) is the maximum height
considered appropriate for commercial buildings on Yonge Street in the
District.”; and
Whereas the community has consistently
resisted any recommendations which would allow a greater height, under any circumstances
within the whole of the conservation district, than the heights specified in
Section 3.4.1.5 above - especially for the short distance from John Street
north to the Don River for buildings facing Yonge Street; and
Whereas this portion of Yonge Street is the
whole of the street from Lake Ontario to the Lakehead which still shows
heritage aspects of early Ontario; and
Whereas the draft Thornhill-Markham
Heritage Conservation District Plan - 2006 states:
“The goal and objectives of the 1986 Plan
have been largely sustained, and the District has been successful in preserving
its heritage resources and heritage character.”; and
Whereas this commendable objective would not
be achieved if Section 3.4.1.5 in the 1986 plan were to be changed; therefore
Be it resolved that staff be notified that it
is the wish of this Council that the wording of, and direction contained in,
Section 3.4.1.5 in the 1986 plan be maintained in the Thornhill
Markham Heritage Conservation District Plan - 2006 when the final
version is brought forward for approval to Council, and that no special
policies which would modify or be contrary to the wording of and the direction
contained in Section 3.4.1.5, such as “bonusing,” be included in the new plan.
7. COMMUNICATIONS
Moved
by Councillor A. Chiu
Seconded by
Councillor C. Moretti
That Council
receive and consent to the disposition of communications in the following
manner:
Referred to all Members of
Council
22-2007 Liquor
Licence Application - Forwarding a request to complete the Alcohol and Gaming
Commission Municipal Information Form for Commerce Gate Dynasty Cuisine, 505
Highway 7 East, Building B, Units 39-44 (indoor) (3.21).
Info
23-2007 Liquor
Licence Application - Forwarding a request to complete the Alcohol and Gaming
Commission Municipal Information Form for Nino P'Aversa Bakery Pane & Dolce
Inc., 7287 Yonge Street (indoor) (3.21).
Info
24-2007 Liquor
Licence Application - Forwarding a request to complete the Alcohol and Gaming
Commission Municipal Information Form for Spicy Pizza Wings, 7200 Markham Road,
Unit 2B (indoor) (3.21).
Info
25-2007 Markham
Village BIA - Forwarding a request to close the following streets on September
9, 2007 from 8:00 a.m. to 5:00 p.m. to facilitate the Olden Days and Antique
Cars:
- Main Street Markham north from Highway
7 to south of Parkway Avenue
- Access east from Main Street Markham
is closed to Centre Street & Robinson Street
- Access west from Main Street Markham
is closed to Thompson Court & Dublin Street (By-law 2007-62) (3.5)
Info
CARRIED
8. PROCLAMATION
Moved by Councillor L. Kanapathi
Seconded by
Regional Councillor J. Heath
That
Proclamation (1) be received and adopted.
(1) PROCLAMATIONS (3.4)
Info
That the
following be proclaimed in the Town of Markham:
- Naturopathic
Medicine Week - April 28 to May 6, 2007
- Seniors'
Month - June, 2007;
And that the Corporate Communications
Department be requested to publish the above proclamations in the local
newspapers.
CARRIED
9. BY-LAWS
Moved by
Councillor A. Chiu
Seconded by
Councillor E. Shapero
That By-laws 2007-59
to 2007-63 be given three readings and enacted.
Three Readings
BY-LAW 2007-59 A by-law to amend Zoning By-law 304-87, as amended (Tucciarone
(1696913 Ontario Ltd.) – Clera Holdings Ltd.) south side of Elgin Mills Road,
west of Woodbine Avenue Cathedral Community19TM-95075 - To delete subject lands
from By-law 304-87, as amended, so that they may be incorporated into By-law
177-96, as amended, to permit the proposed 4 single detached units and 18
semi-detached units).
(Clause 1, Report No. 22, 2007)
By-law
BY-LAW 2007-60 A by-law to amend Zoning By-law 177-96, as amended (Tucciarone
(1696913 Ontario Ltd.) – Clera Holdings Ltd.) south side of Elgin Mills Road,
west of Woodbine Avenue Cathedral Community19TM-95075 - To permit the proposed
4 single detached units and 18 semi-detached units).
(Clause 1, Report No. 22, 2007)
By-law
BY-LAW 2007-61 A by-law to establish streets laid out according to Plan of Subdivision
65M-2507 as public highway (Rust Developments Ltd., Part of Lots 4 and 5,
Concession 6 - Brimley Road, Finchley Circle, Highglen Avenue, Foxleigh Court,
Saddlewood Court and Perdue Court).
(Clause 2, Report No. 22, 2007)
By-law
BY-LAW 2007-62 A by-law to authorize the temporary closure of Main Street
Markham north from Highway 7 to south of Parkway Avenue on September 9, 2007
from 8:00 a.m. to 5:00 p.m. to facilitate the Olden Days & Antique Cars.
(Communication 25-2007)
By-law
BY-LAW 2007-63 A by-law to designate part of a certain plan of subdivision not
subject to Part Lot Control (World Tech Construction Inc., south of Caboto
Trail and east of Greenberg Gate, Blocks 1, 3, 7 to 12, Plan 65M-3913).
By-law
CARRIED
10. IN-CAMERA ITEMS
Moved by Councillor D. Horchik
Seconded by Deputy Mayor J. Jones
That Council
resolve into an in-camera session to discuss the following confidential matter:
(1) TENDER AWARD - BIRCHMOUNT ROAD
CARRIED
Moved by
Councillor J. Virgilio
Seconded by
Councillor L. Kanapathi
That Council
rise and the Chair report the following from in-camera session:
REPORT
OF THE DEVELOPMENT SERVICES COMMITTEE (Apr. 10, 2007)
(1) AWARD OF TENDER #004-T07
BIRCHMOUNT ROAD EXTENSION
PHASE 1
CN TRACKS TO ENTERPRISE DRIVE
(5.10, 7.12)
That the report entitled “Award of Tender # 004-T-07 Birchmount Road Extension – Phase 1, CN
Tracks to Enterprise Drive” be
received;
And that the CAO be
authorized to finalize and award the contract
in whole or if necessary in parts for Tender
# 004-T-07 (Birchmount Road Extension – Phase 1, CN Tracks to Enterprise Drive) to the lowest price qualified bidder,
Advice Contracting Limited up to the total amount of $9,179,515.08 exclusive of GST;
And that a
contingency amount of $917,951.51 exclusive of GST be established to cover any additional
construction costs and that the Director of Engineering be authorized to approve
expenditure of this contingency amount up to the specified limit and to provide
monthly a statement of these expenditures to the Town Treasurer;
And that Engineering staff be authorized to retain
the consulting firm of Totten Sims Hubicki Associates as the preferred supplier
to provide construction inspection and contract administration services during
construction of the project in the amount of $416,000 exclusive of GST;
And that a
contingency amount of $62,400 exclusive
of GST be established to cover any additional construction inspection and
contract administration and that the Director of Engineering be authorized to approve
expenditure of this contingency amount up to the specified limit;
And that staff be
authorized to retain a qualified independent environmental consulting firm in
accordance with the Town’s purchasing bylaw to provide on-site environmental
monitoring to ensure compliance with TRCA and DFO permit requirements for an
upset limit not to exceed $65,000 exclusive of GST;
And that staff be
authorized to retain a qualified geotechnical consulting firm in accordance
with the Town’s purchasing bylaw to provide geotechnical and materials testing
services during construction for an upset limit not to exceed $95,000 exclusive
of GST;
And that as
part of the overall project cost ($13,879,201) the Town of Markham if
necessary upfront the local road share of the Birchmount Road
construction costs between Enterprise
Drive and Highway 407 in
the amount of $ 1,583,518 to be funded from the Development Charge reserves
until such time as Ruland Properties Inc. Phase 1 Subdivision agreement is
executed;
And that upon
payment of all the invoices, any remaining funds to applied be Phase 2 of the
Birchmount Road extension project;
And that the
Chief Administrative Officer be authorized and directed to execute a
Licence/Access Agreement with Ontario Realty Corporation and Ruland Properties
Inc. and any other documents required to gain access to their properties for
construction purposes;
And that staff be authorized and directed to do all things necessary, including
the execution of documents, to give effect to the above.
CARRIED
Moved by
Councillor A. Chiu
Seconded by
Councillor J. Webster
That the
report be adopted, approved and confirmed.
CARRIED
11. CONFIRMATORY BY-LAW
Moved by
Councillor V. Burke
Seconded by
Councillor D. Horchik
That By-law
2007-64 be given three readings and enacted.
Three Readings
BY-LAW 2007-64 A by-law to confirm the proceedings of the Council meeting of April
10, 2007.
(Council Meeting No. 7, 2007)
By-law
CARRIED
12. ADJOURNMENT
Moved
by Councillor A. Chiu
Seconded
by Regional Councillor J. Heath
That the meeting do adjourn.
CARRIED
Council
adjourned at 7:33 p.m.
___________________________________ _____________________________________
SHEILA
BIRRELL, TOWN CLERK FRANK
SCARPITTI, MAYOR
(Signed)