May
12, 2009
COUNCIL MINUTES Council Chamber, Civic Centre
Meeting No. 8
ROLL
CALL
Mayor F.
Scarpitti, Deputy Mayor J. Heath, Regional Councillor J. Jones, 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.
REGRETS
Regional
Councillor T. Wong.
STAFF
J. Livey,
Chief Administrative Officer
A. Taylor,
Commissioner of Corporate Services
C. Conrad,
Town Solicitor
B. Cribbett,
Treasurer
K. Kitteringham, Town Clerk
A. Brouwer, Deputy Town
Clerk
J. Chechalk, Mayor’s Chief of Staff
D. Flaherty,
Manager, Strategic Communications
J. Wong, Technology Support
Specialist
A. Brown,
Director of Engineering
V.
Shuttleworth, Director of Planning and Urban Design
B. Snowball, Fire Chief
B. Wiles, Manager of By-law Enforcement & Licensing
M. Boyce,
Senior Policy Coordinator
G. Dick, Chief
Fire Prevention Officer
P. Ingham,
General Manager, Operations
S. Andrews,
Director of Asset Management
I. Kutter, Auditor General
The Regular
Meeting of Council was held on May 12, 2009 at 7:03 p.m. in the Council Chamber, Civic Centre.
Mayor F. Scarpitti presided.
1. DISCLOSURE OF PECUNIARY INTEREST
(1) None
declared.
2. MINUTES
(1) COUNCIL
MINUTES - APRIL 28, 2009
Minutes
Moved by
Councillor A. Chiu
Seconded by
Councillor E. Shapero
That the
Minutes of the Council Meeting held on April 28, 2009, be adopted.
CARRIED
3. PRESENTATIONS
Council consented to add
Presentation (1) regarding the proposed policy for Second Suites.
(1) PRESENTATIONS - MARKHAM'S PROPOSED POLICY
FOR SECOND SUITES (10.0)
DSC
Presentation Council
Presentation
Staff provided presentations
to Council with respect to the proposed policy for Second Suites, including:
- Ms. V. Shuttleworth, Director of Planning and
Urban Design, provided a brief history on the proposed policy for Second Suites.
- Mr. M. Boyce, Senior Policy Coordinator,
summarized the strategies for the proposed policy which includes: zoning and parking requirements; registration of second
suites; property standard by-law enforcements; communication plans.
- Mr. G. Dick, Chief Fire Prevention Officer,
outlined the Fire Department's responsibility with the proposed policy,
including fire and life safety.
- Mr. B. Wiles, Manager of Enforcement and
Licensing, outlined the involvement of the By-laws
Enforcement and Licensing Department with the Second Suites program, including
property standards related issues.
4. DELEGATIONS
Council
consented to add Presentations (1) to (10).
(1) Joan Jenkyn addressed
Council regarding the proposed policy for Second Suites, speaking in support of
the proposed policy on the basis of affordable housing and on sustainable
community growth. (10.0)
(Item No. 1, Report No. 31)
(2) Eileen Liasi, addressed
Council regarding the proposed policy for Second Suites, speaking in opposition
to the proposed policy. She indicated
the proposed strategy must address the life safety issues such as adequate
flood control provisions and the Town of Markham should enforce current
regulations. (10.0)
(Item No. 1, Report No. 31)
(3) Alan Adams addressed
Council regarding the proposed policy for Second Suites, speaking in opposition
to the proposed strategy. He indicated the
proposed policy would have negative impact for the communities in the Town of
Markham. (10.0)
(Item No. 1, Report No. 31)
(4) Tom Tse, addressed
Council regarding the proposed policy for Second Suites, speaking in opposition
to the proposed strategy. He indicated the
proposed policy would not help encourage residents to legalize their second
suites. (10.0)
(Item No. 1, Report No. 31)
(5) Gina Daya,
Vice-Chairperson, Rouge Fairways Ratepayers Association, addressed Council
regarding the proposed policy for Second Suites, speaking in opposition to the
proposed strategy. She indicated the
proposed policy would have impact on existing services, such as schools and
hospitals. (10.0)
(Item No. 1, Report No. 31)
(6) Adrian Chandran
addressed Council regarding the proposed policy for Second Suites, speaking in
opposition to the proposed strategy. He spoke
of life safety related matters and indicated that would be insufficient
resources to enforce the program. (10.0)
(7) Debbie Wong, addressed
Council regarding the proposed policy for Second Suites, speaking in opposition
to the proposed strategy. She indicated
the Town of Markham should enforce current regulations and there is no benefit in
the proposed policy. (10.0)
(Item No. 1, Report No. 31)
(8) Hugh Barnsley,
addressed Council regarding the proposed policy for Second Suites, speaking in
support of the proposed strategy. He
indicated the proposed policy could provide affordable housing to residents.
(10.0)
(Item No. 1, Report No. 31)
(9) Michael Fortella, addressed
Council regarding the proposed policy for Second Suites, speaking in support of
the proposed strategy. He indicated the
policy would provide safety in second suites. (10.0)
(Item No. 1, Report No. 31)
(10) Neha Jani addressed
Council regarding the proposed policy for Second Suites, speaking in support of
the proposed strategy. She indicated the
proposed policy could accommodate affordable housing to residents. (10.0)
(Item No. 1, Report No. 31)
_____________________________________________
Moved by Regional Councillor J. Jones
Seconded by Councillor C. Moretti
That Council bring forward Item No. 1, Report
No. 31 regarding the proposed policy on Second Suites for consideration at this
time.
(See Item 1,
Report No. 31 for Council resolution on this matter)
CARRIED
_____________________________________________
5. PETITIONS
There were not
petitions.
6(a) REPORT NO. 29 - GENERAL COMMITTEE (April
27, 2009)
Moved by
Councillor J. Virgilio
Seconded by
Councillor A. Chiu
That Report
No. 29 - General Committee comprised of 3 items be received and adopted.
(1) 2008 DRAFT FINANCIAL STATEMENTS (7.2)
Report 1
2
Presentation
1) That
the presentation by J. Lustig, Director of Financial & Client Services,
entitled “2008 Draft Financial Statement s” be received; and,
2) That the report “Draft 2008 Consolidated
Financial Statements be received; and,
3) That Council approve the Corporation of
the Town of Markham’s Draft Consolidated Financial Statements for
the fiscal year ended December 31, 2008; and,
4) That Council authorize Staff to issue
the Consolidated Financial Statements for the fiscal year ended December 31,
2008 upon finalization of all
consolidated amounts; and further,
5) That Staff be authorized and directed to do all things
necessary to give effect to this resolution.
CARRIED
(2) CONTRACT
EXTENSION FOR STREETLIGHTING
MAINTENANCE, REPAIR AND
RELAMPING PROGRAM (7.12.1)
Report 1 2 3
1) That
the report entitled “Contract Extension for Streetlighting Maintenance , Repair
and Relamping Program” be received; and,
2) That
the Contract Extension for 2009 Streetlight Maintenance and Repair be awarded
to PowerStream in the estimated amount of $726,218 exclusive of GST; and,
3) That
the 2009 Streetlight Relamping Program contract be awarded to PowerStream in
the estimated amount of $145,000 exclusive of GST; and,
4) That
the tender process be waived in accordance with Purchasing By-Law 2004-341 Part
II, Section 7(1) C which states” when the extension of an existing contract
would prove more cost effective or beneficial”; and,
5) That
funds be provided from account #720 720 5497 Streetlighting Maintenance and
Repair in the total amount of $871,218
of the Town’s 2009 Operating Budget; and,
6) That
the Town and PowerStream continue to work together on an ongoing basis to
review options to enhance service delivery and cost efficiencies, share
information and exchange data to control the 2009 expenditures; and,
7) That
staff be authorized and directed to do all things necessary to give effect to
this resolution.
CARRIED
(3) USE OF MARKHAM THEATRE
ENDOWMENT FUND FOR
THEATRE PROJECTOR SYSTEM (6.2)
Report 1
1) That
the report entitled “Use of Theatre Endowment Fund for Theatre Projector
System” be received and approved, not to exceed the amount of $60,000; and,
2) That
a 2009 Theatre Capital Budget be established in the amount of $60,000 funded
from the Theatre Endowment Fund for the purchase and installation of a Theatre
Projector at the Markham Theatre; and further,
3) That
staff be authorized and directed to do all things necessary to give effect to
this resolution.
CARRIED
6(b) REPORT NO. 30 - GENERAL COMMITTEE (May 4,
2009)
Moved by
Councillor J. Virgilio
Seconded by
Regional Councillor G. Landon
Report No. 30
- General Committee comprised of 6 items be received and adopted, except Item
No. 1. (See following Item No. 1)
(1) PROCUREMENT AUDIT (7.0)
Report
1
Presentation
1) That
the presentation by Ms. I. Kutter, Auditor General, entitled “Procurement Audit
Report” be received; and,
2) That
the Auditor General report entitled “Procurement Audit Report” dated January
26, 2009, be received for information; and,
3) That
the Town staff actions plans, developed in response to the Auditor General
recommendations, be adopted; and further,
4) That
Staff be authorized and directed to do all things necessary to implement the
action plans detailed in the report.
CARRIED
(2) ANIMAL
CARE COMMITTEE
– RECEIPT OF MINUTES
& AUTHORIZATION TO PRODUCE
AN EDUCATIONAL CALENDAR (16.0)
Mar.
3 Mar.
18 Apr.
15 Project
Plan
Whereas the mandate of the Animal Care Committee includes “developing a
community-driven model for improving animal welfare in the Town of Markham and
reporting its findings back to the General Committee”; and
Whereas the terms of reference for the Animal
Care Committee includes five goals:
1. Education
of residents;
2. The
importance of animal care, of spaying and neutering and the appropriate
veterinary services;
3. Providing
for reasonable, affordable veterinary services to residents;
4. Arranging
for adoptions;
5. Fund
raising for the above items; and,
Whereas the Animal Care Committee has undertaken community fundraising
consistent with its goals and wishes to apply a portion of its funds raised to
the production of an educational calendar to include key messages related to
responsible pet ownership and animal care; and,
Whereas the Animal Care Committee’s educational calendar will be made
available to the public at a cost of $10.00 per calendar, with funds to be
allocated to the Animal Care Committee fund raising budget (031
2220039); and,
Whereas the Animal Care Committee received three, competitive quotes
from printing firms for the production of 1,000 calendars in accordance with
the Town’s Procurement By-law; and,
Whereas the Animal Care Committee found the firm Image 121 Inc. to be
the lowest bidder for the production of 1,000 calendars a cost of $5,990.00
before applicable taxes; and,
Whereas the following motion was passed at the April 15, 2009 Animal
Care Committee meeting:
"That
Imagine 121 Inc. provide design work and print 1,000 calendars at a cost to the
Committee of $5,990.00; and,
That the calendar
budget be updated and finalized to reflect the design and printing costs; and,
That Council
approve the budget and authorize staff on behalf of the Animal Care Committee
to spend up to $6,000.00 from account number 031 2220039 for the production of
the 2010 calendar."
Therefore, the Council of the Town of Markham
enacts as follows:
1) That
the minutes of the March 3, March 18, and April 15, 2009 Animal Care Committee
be received; and,
2) That
Council endorse the following motion passed at the April 15, 2009 Animal Care
Committee meeting:
"That
Imagine 121 Inc. provide design work and print 1,000 calendars at a cost to the
Committee of $5,990.00; and,
That the calendar
budget be updated and finalized to reflect the design and printing costs; and,
That Council
approve the budget and authorize staff on behalf of the Animal Care Committee
to spend up to $6,000.00 from account number 031 2220039 for the production of
the 2010 calendar."
CARRIED
(3) ADVISORY
COMMITTEES
APPOINTMENTS/ RESIGNATIONS (16.24)
1) That
the resignation of Ms. Heather Christian-Simmonds from the Markham Race
Relations Committee be received with regret; and,
2) That
the vacancy be filled.
CARRIED
(4) EXTENSION OF CONTRACT
077-T-05 ADULT SCHOOL
CROSSING GUARD PROGRAM (3.16, 7.12)
Report
1) That
the report entitled “Extension of Contract 077-T-05 Adult School Crossing Guard
Program” be received; and,
2) That
the tender process be waived in
accordance with Purchasing Bylaw 2004-341, Part 11, Section 7(1) c which states
“when the extension of an existing contract would prove more
cost-effective or beneficial; and,
3) That
Contract 077-T-05 for Adult School Crossing Guard Program be extended for an
additional five (5) years with” Staffing Services Inc.”; and,
4) That
the following estimated costs be awarded to Staffing Services Inc (based on
$12.83 per shift, 253.5 shifts per day, 187 school days, and an annual 3% increase);
- Sep-
Dec 2009 - $234,173.16
- Jan
- Dec 2010 - $615,224.93
- Jan
- Dec 2011 - $633,681.68
- Jan
- Dec 2012 - $652,692.13
- Jan
- Dec 2013 - $672,272.89
- Jan
- Jun 2014 - $420,970.21
5) That
the estimated award for Sep – Dec 2009 in the amount of $234,173.16 exclusive
of GST be funded from the 2009 Operating Budget # 640 998 5642 “School
Crossing Guards”; and,
6) That
the awards for 2010/11/12/13 & 2014 be subject to approval of the annual
operating budgets; and,
7) That
the actual annual monetary amount will be based on a per hour basis (two
30-minute shifts); and,
8) That
Staff be authorized to amend the award amounts in years 2010 – 2014 to reflect
changes to the crossing guard operating budget account approved by Council
during the annual budgeting process; and further,
9) That
Staff be authorized and directed to do all things necessary to give effect to
this resolution.
CARRIED
(5) AWARD OF CONTRACT 086-R-08
MARKHAM PUBLIC LIBRARY
MATERIAL & PROCESSING SERVICES (3.19, 7.12.3)
Report
1) That the report entitled “Award of Contract 086-R-08 Markham
Public Library Material & Processing Services” be received; and,
2) That
contract 086-R-08 be awarded to the highest ranked and lowest priced bidder
Library Services Centre (LSC) for a period of three (3) years for the
following:
- Part A - Material &
Processing Services for English & French books & kits
- Part B - Talking books
- Part C - English and French
DVDs & Music CDs
- Part E - Multilingual Print,
English CD ROMs and Video Games
3) That
contract 086-R-08 be awarded to the highest ranked and lowest priced bidder CVS Midwest for a period
of three (3) years for the following:
- Part D - Multilingual DVDs & Music CDs
4) That
the award for June – December 2009 in the estimated amount of $946,458.00
exclusive of GST be funded from the 2009 Library Operating Budget accounts as
detailed in the Financial Considerations; and,
5) That
the award for years 2010 – 2012 be funded from the respective years operating
budget accounts in the following estimated amounts, subject to Council approval
of the annual operating budgets;
- 2010 - $1,319,733.00
- 2011 - $1,319,733.00
- 2012 - January to May $363,710.00
6) And
That the Director of Administration and Operational Support at the Markham
Public Library have the authority to allocate expenditures between the library
material accounts (listed in financial considerations section) as long as it is
within the budget limit to all accounts to adapt to publishing trends, change
in material formats and community needs; and,
7) And
That Staff be authorized to amend the purchase order amounts in years 2010 – 2012 to reflect changes to the
Markham Public Library operating budget accounts approved by Council during the
annual budgeting process; and,
8) That
the Chief Executive Officer of the Markham Public Library and the Manager of
Purchasing be authorized to extend the contract for two (2) additional years
based upon the mutual agreement of both parties and subject to Council approval
of the operating budgets; and further,
9) That
Staff be authorized and directed to do all things necessary to give effect to
this resolution.
CARRIED
(6) MINUTES
OF THE APRIL 14, AND APRIL 27, 2009
GRANT SUB-COMMITTEE (16.0)
April
14
April
27
1) That
the minutes of the April 14, and April 27, 2009 Grants Sub-Committee be
received; and,
2) That
Council endorse the following motions passed at the April 14, and April 27,
2009 Grant Sub-Committee meetings:
a. Celebrate
Markham for the Senior Light Tour
That the
Celebrate Markham budget for the Senior Light Tour be increased by $2,000 to
$5,000; and,
That the
Celebrate Markham budget cover the refreshment costs of the Senior Light Tour
at $150 per community for a total of $750; and,
b.
South Asian Heritage
Celebration for 2009
That a grant
in the amount of $3,000 for the South Asian Heritage Celebration for 2009 be
approved; and,
That such funding be drawn from the unallocated Budget which is
currently in the amount of $15,750; and,
c. Fiesta
Canada for 2009
That a grant in the amount of $1,000 for the Fiesta Canada for 2009 be
approved.
CARRIED
6(c) REPORT NO. 31 - DEVELOPMENT SERVICES
COMMITTEE (April 28, 2009)
Council
consented to separate Item No. 1 regarding the proposed policy for Second
Suites and to consider this item immediately following the delegations
regarding this matter.
Moved by
Regional Councillor
J. Jones
Seconded by
Regional Councillor G. Landon
That Report
No. 31 - Development Services Committee comprised of 1 item be received and
adopted.
(1) MARKHAM'S PROPOSED POLICY
FOR SECOND SUITES (10.0)
DSC
Presentation Council
Presentation
1) That
the presentation provided by Mr. Murray Boyce, Senior Policy Coordinator at the
April 28, 2009 Development Services Committee meeting regarding Markham's
Proposed Policy for Second Suites, be received; and,
2) That
staff continue with the current enforcement strategy with respect to illegal
second suites; and that staff take additional steps to educate Markham
residents on the Town’s current regulations regarding second suites; and
further,
3) That
no further action be taken by staff with respect to Second Suites.
CARRIED
(See following motion to consider
the proposed recommendation)
(Council consented to division of
the motion for voting purposes)
(See following recorded vote for
Motion Nos. 1 and 3 which was carried) (8:4)
(See following unanimous recorded
vote for Motion No. 2 which was carried) (12:0)
Motion
to consider the proposed recommendation:
Moved
by Regional Councillor
J. Jones
Seconded
by Councillor C. Moretti
That
Council consider Item No. 1, Report No. 31 regarding the proposed policy on
Second Suites immediately following delegations for this matter.
CARRIED
(Council consented to add the
following as Motion No. 2)
"That staff
continue with the current enforcement strategy with respect to illegal second
suites; and that staff take additional steps to educate Markham residents on
the Town’s current regulations regarding second suites;"
Recorded vote for Motion Nos. 1 and 3 (8:4):
YEAS: Mayor
F. Scarpitti, Regional Councillor J. Jones, Regional Councillor G. Landon,
Councillor E. Shapero, Councillor J. Virgilio, Councillor C. Moretti,
Councillor D. Horchik, Councillor A. Chiu. (8)
NAYS: Deputy
Mayor J. Heath, Councillor V. Burke, Councillor J. Webster, Councillor L.
Kanapathi. (4)
ABSENT: Regional
Councillor T. Wong.
Recorded vote for Motion No. 2 (unanimous
vote):
YEAS: Mayor
F. Scarpitti, Deputy Mayor J. Heath, Regional Councillor J. Jones, 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. (12)
ABSENT: Regional
Councillor T. Wong.
6(d) REPORT NO. 32 - DEVELOPMENT SERVICES
COMMITTEE (May 5, 2009)
Moved by
Councillor J. Webster
Seconded by
Councillor D. Horchik
That Report No. 32 - Development Services
Committee comprised of 2 items be received and adopted.
(1) JADE–KENNEDY
DEVELOPMENT CORPORATION
(SOUTH UNIONVILLE
SQUARE)
EAST SIDE OF KENNEDY ROAD BETWEEN
CASTAN AVENUE AND FUTURE SOUTH
UNIONVILLE AVENUE
APPLICATIONS FOR ZONING BY-LAW
AMENDMENT
AND SITE PLAN APPROVAL FOR A
MIXED-USE DEVELOPMENT
(ZA 07 126612 AND SC 08
128123) (10.5 & 10.7)
Report Attachment Appendix
B
1) That
the staff report entitled “Jade-Kennedy Development Corporation (South
Unionville Square), East side of Kennedy Road between Castan Avenue and future
South Unionville Avenue, Applications for zoning by-law amendment and site plan
approval for a mixed use development,” be received; and,
2) That
the zoning amendment application (ZA 07
126612) be approved and the draft implementing zoning by-law amendments
attached as Appendix ‘B’ be finalized and enacted; and,
3) That the application for site plan approval for the first
phase (the commercial and townhouse component) of the development be endorsed,
in principle; and,
4) That site plan approval be delegated to the Director of
Planning or her designate, to be issued following execution of a site plan
agreement (Site Plan Approval is issued only when the Director has signed the
site plan “approved”), when the following conditions have been met:
- Ownership
of the subject lands has been consolidated.
- The
Owner has entered into a site plan agreement with the Town and the Region of
York containing all standard and special provisions and requirements of the
Town and public agencies and the conditions outlined in Schedule ‘A’ to the May
5, 2009 staff report.
- The
Owner has conveyed to the Town and the Region of York all of the lands required
for South Unionville Avenue extending from Kennedy Road to the new north-south
local road adjoining the east boundary of the subject lands, and for the
north-south local road, extending from Ian Baron Avenue to Helen Avenue.
- The
Owner has conveyed the neighbourhood park and stormwater management lands on
the east side of the north-south local road to the Town for park and stormwater
management purposes.
- The
Owner has entered into a development agreement (which may form a component of
the site plan agreement) for the construction of South Unionville Avenue and
the north-south local road and all related infrastructure including the
stormwater management pond.
- The
trustee for the South Unionville Landowners Group has advised the Town in
writing that the Owner is in good standing with the Group.
- The
zoning by-law amendment has come into force and effect; and,
5) That
78.96 persons (28 townhouse units) of servicing allocation be granted by
Council to Jade-Kennedy Development Corporation; and,
6) That
Council authorize the Mayor and Town Clerk to enter into a development agreement
with the Owner (which may form a component of the site plan agreement) for the
construction of South Unionville Avenue and the north-south local road and all
related infrastructure including the stormwater management pond; and,
7) That
the Mayor and Town Clerk be authorized to execute the transfer documents for
the rights-of-way of South Unionville Avenue and the north-south local road and
for the neighbourhood park and stormwater management blocks; and,
8) That the name “Unity Gardens Drive” be approved for the north-south local road
from Castan Avenue to Helen Avenue; and,
9) That
Council authorize the enactment of a truck prohibition by-law for Castan Avenue
between the north-south local road (Unity Gardens Drive) and Piera Gardens;
and,
10) That
Council authorize the enactment of a by-law prohibiting through movements from
the proposed driveway across Unity Gardens Drive into Ian Baron Avenue; and
further,
11) That
Staff be authorized and directed to do all things necessary to give effect to
this resolution.
CARRIED
(2) PROVINCIAL FACILITATOR FOR
LANGSTAFF/RICHMOND
HILL MOBILITY HUB (10.0)
Whereas
the Province of Ontario has designated the Richmond Hill Centre/Langstaff
Gateway as an Urban Growth Centre in the Provincial Growth Plan, and as a
Mobility Hub in the Metrolinx Transportation Plan; and,
Whereas
the Urban Growth Centre/Mobility Hub is at the convergence of a number of
existing and planned modes of transit, including GO Rail, Yonge Subway, Highway
407 Transit way, VIVA Rapid Transit and York Region Transit; and,
Whereas
the Region of York, Town of Richmond Hill, Town of Markham and City of Vaughan
are all involved in land use planning studies and Official Plan Reviews aimed
at achieving high density, high intensity transit oriented development along
the Yonge Street Corridor and at the Urban Growth Centre node; and,
Whereas
the transit service providers are engaged in planning and design studies and
environmental assessments pertaining to transit infrastructure improvements;
and,
Whereas
there is a need and opportunity to ensure that the various planning and
transportation studies are coordinated across all agencies and jurisdictions to
ensure the best possible design and integration of the public transit network
and transit oriented development in the Yonge Street Corridor and Urban Growth
Centre/Mobility Hub;
Now
therefore be it resolved:
That the Town of Markham request the Honourable Dalton McGuinty,
Premier of Ontario, to apply Provincial resources to assist in planning and
coordination efforts, and in particular the Office of the Provincial
Facilitator, Metrolinx staff, Ontario Growth Secretariat and Ontario Realty
Corporation.
CARRIED
6(e) REPORT NO. 33 - DEVELOPMENT SERVICES
PUBLIC MEETING
(May 5, 2009)
(1) DILAWRI GROUP OF COMPANIES
APPLICATION TO AMEND THE
ZONING BY-LAW
TO PERMIT ADDITIONAL PARKING
FOR THE
EXISTING MARKHAM HONDA AND
MARKVILLE FORD CAR DEALERSHIPS
7 & 13 MAIN STREET
UNIONVILLE SOUTH,
8005 KENNEDY ROAD, AND PART OF
LOT 1, PLAN 2196
(ZA 08 129192) (10.5)
Report Attachments
1) That the record of the Public Meeting held on May 5, 2009,
with respect to “Dilawri Group of Companies.
Application to amend the Zoning By-law to permit additional parking for
the existing Markham Honda and Markville Ford car dealerships. 7 & 13 Main Street Unionville South, 8005
Kennedy Road, and Part of Lot 1, Plan 2196 (ZA 08 129192)” be received; and,
2) That the Zoning By-law Amendment Application (File No. ZA 08
129192) to amend Zoning By-laws 122-72 and 304-87, as amended, be approved and
the draft Zoning By-law Amendment be enacted without further notice.
CARRIED
6(f) REPORT NO. 34 - GENERAL COMMITTEE (May 11,
2009)
Moved by
Councillor C. Moretti
Seconded by
Regional Councillor
J. Jones
That Report
No. 34 - General Committee comprised of 4 items be received and adopted, except
Item Nos. 3 and 4. (See following Item Nos. 3 and 4)
(1) DEVELOPMENT CHARGE UPDATE (SOFT
SERVICES)
MIXED USE CALCULATIONS (7.11)
Presentation
1) That the presentation by Ms. B. Cribbett, Town Treasurer,
entitled “Development Charge Update (Soft Services) Mixed Use Calculations” be
received; and,
2) That the final background study be prepared to include a
three category non-residential charge (Industrial/Office/Institutional, Mixed
Use, Non-Mixed Use Retail).
CARRIED
(2) AWARD OF TENDER 014-T-09
CONCRETE MAINTENANCE (7.12)
Report
1)
That the report entitled “Award of Tender 014-T-09 Concrete Maintenance” be received; and,
2)
That the contract for Tender 014-T-09 Concrete
Maintenance be awarded to the
lowest price bidder, VGN Construction Limited, in the estimated amount of
$769,600.00, exclusive of GST; and,
3)
That if the low
bidder, VGN Construction Limited,
does not accept the purchase order for Contract 014-T-09, Staff be authorized
to pull the Bid Bond in the amount of $76,960.00 (10%) as per the terms and
conditions set out in the Town’s tender document; and,
4)
That Staff be
authorized to award Contract 014-T-09 to the 2nd lowest priced
bidder, Peltar Paving Co Ltd. , if the low bidder does not accept the purchase
order as outlined in Recommendation # 3; and,
5)
That the Director of Operations and Manager of
Purchasing be authorized to exercise the option to renew Contract 014-T-09 for
an additional 2 years (2010-2011) at the 2009 itemized prices, subject to
performance and budget approval; and,
6)
That the awards be funded from the Operations
and Waterworks Department 2009 Operating and Capital budget accounts as
detailed in the financial template and next years budgets upon approval; and,
7)
That Staff be
authorized to amend the award amounts in years 2009-2011 to reflect changes to
the Operations and Waterworks Department Operating and Capital budget accounts
(listed in the financial template) approved by Council during the annual
budgeting process; and further,
8) That
Staff be authorized and directed to do all things necessary to give effect to
this resolution.
CARRIED
(3) 2009 TAX RATE AND LEVY BY-LAW (7.3)
Report
1)
That a by-law to
provide for the levy and collection of property taxes totalling $484,182,876
required by the Town of Markham, Regional Municipality of York, Boards of
Education, in a form substantially similar to the attached Appendix and
satisfactory to the Town Solicitor and to provide for the mailing of notices
requesting payment of taxes for the year 2009, as set out as follows, be
approved:
Town of Markham: $104,811,019
Region of York: $203,992,972
School Boards: $175,378,885
Total $484,182,876;
and,
2)
That staff be authorized and directed to do all
things necessary to give effect to this resolution.
(By-law 2009-51)
CARRIED
(4) WASHROOMS
IN TOURIST AREAS (5.6)
Report
1) That the report titled
“Washrooms in Tourist Areas” dated April 8, 2009 be received; and,
2) That Council adopt a
strategy set out below to build permanent public washrooms in both the
Unionville and Markham Village downtowns; and,
3) That council authorizes
staff to retain the services of an architect and to proceed with the detailed
design and construction tender of a permanent public washroom facility for
Markham Village with an upset spending limit of $20,000.00 to be allocated from
the 2010 budget; and,
4) That staff submit a
site plan application and present the final design concept to Development
Services Committee prior to the issuance of the construction tenders and that
the final design of the structures and signage be reviewed by Heritage Markham
Committee; and,
5) That appropriate
on-street directional signage be installed on Main Street Unionville to
indicate the location of the existing public washrooms in the Crosby Arena;
and,
6) That temporary washroom
facilities be re-installed in Markham Village in 2009 at the same location as
in 2008; and,
7) That the cost of
signage and the temporary washrooms be charged to Account Number
056-4399-8477-005 – New Public Washroom Feasibility Plan as established under
the 2009 Capital Budget; and,
8) That
Council direct staff to submit a 2010 budget request for the construction of a
permanent washroom facility in Markham Village; and,
9) Council
direct staff to include the cost of maintenance in the 2010 Operating Budget
for the maintenance of permanent washroom facilities in Unionville and Markham
Village; and,
10) That
staff be authorized to proceed with the installation of a temporary public
washroom on Main Street, Unionville if a feasible location can be found in
consultation with area residents and the Ward Councillor; and,
11) That
staff be directed to investigate the feasibility of incorporating washroom
facilities and a welcome centre within the current Unionville Recycling Depot
and the possible relocation of the recycling facility operation within
Unionville and report back to General Committee; and further,
12) That
Staff be authorized and directed to do all things necessary to give effect to
this resolution.
CARRIED
(Council consented to defer the
following motion)
"That
Council authorizes Staff to retain the services of an architect and to proceed
with the detailed design and construction tender of a public washroom facility
in the parking lot of the Unionville Train Station in 2009."
6(g) REPORT NO. 35 - DEVELOPMENT SERVICES COMMITTEE (May 12, 2009)
Council
consented to add Report No. 35.
Moved by
Regional Councillor G. Landon
Seconded by
Regional Councillor
J. Jones
That Report
No. 35 - Development Services Committee comprised of 1 item be received and
adopted.
(1) CARLTON ROAD/VILLAGE PARKWAY
TRAFFIC CALMING UPDATE (5.12)
Presentation
1) That the correspondence
from the Unionville Ratepayers' Association (URA), Unionville Villagers'
Association (UVA) and Unionville Business Improvement Area (UBIA) with their
position and recommendations regarding the Carlton Road/Village Parkway Traffic
Calming be received; and,
2) That
staff be directed to provide the estimated cost of the recommendations outlined
in the correspondence from the Unionville Ratepayers' Association (URA),
Unionville Villagers' Association (UVA) and Unionville Business Improvement
Area (UBIA) and meet with the traffic calming working group to finalize the
phase 3 option at the earliest opportunity; and,
3) That the presentation
provided by Mr. Alan Brown, Director of Engineering regarding Carlton
Road/Village Parkway Traffic Calming Update, be received; and,
4) That
Phases 1 and 2 adjustments and funding to traffic on Carlton Road and Village
Parkway be endorsed; and,
5) That
a funding allowance of $60,000.00 for phases 1 and 2 improvements to be funded
from account #083-5350-7660-005 be approved; and further,
6) That
staff report back to Development Services Committee with phase 3 adjustment
options and Safe Street Strategy update in September 2009.
CARRIED
7. MOTIONS
There were no
motions.
8. NOTICES OF MOTIONS
There were no
notices of motions.
9. COMMUNICATIONS
Council
consented to add Communication No. 24-2009 and the following additions to
Communication No. 23-2009:
4. Letter received on May
12, 2009 from Eileen Liasi
5. Email dated May 12,
2009 from Tom Cordina
6. Email dated May 12,
2009 from Nancy Chan-Palmateer
7. Emailed received on May
12, 2009 from Elisabeth Tan.
Moved by
Councillor J. Virgilio
Seconded by
Councillor A. Chiu
That Council
receive and consent to the disposition of communications in the following
manner:
Referred to all Members of
Council
20-2009 Liquor Licence
Application - Forwarding a request to complete the Alcohol and Gaming
Commission Municipal Information Form for Hunan Garden Restaurant, 3636 Steeles
Avenue East, Units 117-120 (New licence and change of ownership for existing
premises) (Indoor). (3.21)
Info
21-2009 Liquor Licence
Application - Forwarding a request to complete the Alcohol and Gaming
Commission Municipal Information Form for Dirty Martini Bar and Resto-Lounge 2
(Premises previously licenced - Change of ownership and expansion of exiting
areas) (Indoor and Outdoor). (3.21)
Info
22-2009 Unionville
Village Festival Committee - Requesting an approval from the Town of Markham
regarding the application of a Special Occasion Liquor Permit to be utilized in
conjunction with the Unionville Village Community Festival as follows:
- Friday June 5, 2009 (Unionville Curling Club parking lot, 257 Carlton
Rd)
- Saturday June 6, 2009 (Unionville Curling Club parking lot, 257
Carlton Rd)
- Saturday June 6, 2009 (Crosby Baseball Field located behind Crosby
Arena).
(3.21)
Info
23-2009 Communications -
Forwarding comments with respect to the proposed policy for Second Suite,
including:
1. Email dated May 5, 2009
from Normand Breton
2. Email dated May 5, 2009
from Richard Van Seters
3. Email dated May 5, 2009
from Gord Mah
4. Letter received on May
12, 2009 from Eileen Liasi
5. Email dated May 12,
2009 from Tom Cordina
6. Email dated May 12,
2009 from Nancy Chan-Palmateer
7. Emailed received on May 12, 2009 from
Elisabeth Tan
(Item
No. 1, Report No. 31)
Communications
24-2009 Jakes on Main
Pub & Grille, 202 Main Street Unionville, Liquor Licence Application -
Requesting an approval from the Town of Markham regarding the application of
temporary extension to the outdoor liquor licence to be utilized in conjunction
with the Unionville Village Community Festivals on June 5 and 6, 2009. The capacity for the proposed patio extension
is 150. (3.21)
Info
CARRIED
10. PROCLAMATIONS
(1) PROCLAMATIONS (3.4)
Info
Moved by
Councillor A. Chiu
Seconded by
Councillor L. Kanapathi
1) That
the following be proclaimed in the Town of Markham:
- Seniors' Month (June 2009)
- Markham Fair Week (October 1 to 4, 2009); and,
2) That
the Communications and Community Relations Department be requested to publish
the above proclamations in the local newspapers; and further,
3) That
the proclamation of May 3 to 9, 2009 as "Vasculitis Awareness Week"
be confirmed.
CARRIED
11. NEW/OTHER BUSINESS
(1) DECLARATION
OF SURPLUS REAL PROPERTY
PROPOSED DISPOSITION OF MULTIPLE
TOWN OWNED PROPERTIES (8.5)
NOTICES OF PROPOSED SALE
TOWN OF MARKHAM
PROPOSED SALE OF SURPLUS
REAL PROPERTY
(Pursuant to By-law 178-96)
Moved by Regional Councillor
G. Landon
Seconded by Regional
Councillor J. Jones
1) That the notice of proposed sale for the Town own lands legally
described as follows, be confirmed:
a) Block 174, Plan 65M-3178: Lands on the
East side of Kennedy Road between Castan Avenue and South Unionville Avenue.
b) Blocks E, F, and G, Plan M-1896; Block
AX, Plan M-1654; Blocks I and J Plan M-1488; Blocks DX, EX and FX, Plan 1448;
Block L, Plan 9143; Block BX, Plan M-1650; Blocks F and G, Plan M-1900; and
Part Lot 15, Concession 8, Part 12, Plan 65R-12407: Lands being one foot
reserves on 9th Line.
c) Part Block 41, Plan M-1915, Lying East
of Part 1, Plan 66R-11937; Part Block 41 Plan M-1915, Lying West of Part 1,
Plan 66R-11937; Block 42, Plan M-1915; Block 28, Plan 65M-2230 being a reserve
together with Part Lot 2, Concession 5, Parts 2, 3, 4 and 5, Plan 66R-9890;
Blocks 30, 31 and 33, Plan 65M-2616; Block 32, Plan 65M-2616 Lying North East
of Part 1, Plan 65R-18659; Block 32, Plan 65M-2616, Lying West of Part 1,
65R-18659; Blocks 22 and 23, Plan 65M-2813; Part Lot 6, Concession 5, Parts 5
to 12, 65R-12118, Blocks 174, 175, 176, 177 and 183, Plan 65M-2509; Blocks 241,
242 and 243, Plan 65M-2770 and Blocks 29, 30 and 31, Plan 65M-2757: Lands being
one foot reserves on 14th Avenue.
d) Block 190, Plan 65M-2879; Blocks 174
and 175 Plan 65M-2964; Blocks 16 and 17 Plan 65M-2965; Blocks 213, 214, 216 and
217, Plan 65M-2522; Blocks 102 and 106 Plan 65M-2277; Blocks 102 and 106, Plan
65M-2278; Blocks 114 and 119 , Plan M-2017; Blocks 153 and 154, Plan M-1971;
Blocks A and B, Plan M-1714; Blocks 44 and 45, Plan M-1962; Block C, Plan
M-1721; Blocks 272 and 279, Plan 65M-2269; Blocks 218, 219, 220 and 221, Plan
65M-2267; Blocks 89, 90 and 91, Plan 65M-2371; Blocks 264, 265, 266 and 267,
Plan M-1931; Block 43, Plan 65M-2761; Blocks 133, 134 and 135, Plan 65M-2142;
Blocks 125, and 126, Plan 65M-2087; Block 127, Plan 65M-2087, West of Part 1,
Plan 65R-6274; Block 127, Plan 65M-2087, East of Part 1, Plan 65R-6274; Block
87, Plan 65M-2312; Block 154, Plan 65M-2264; Block 164, Plan 65M-2193; Block
47, Plan 65M-2280; Block 149, Plan 65M-2088; Block G, Plan M-1909; Block 10,
Plan 65M-2434; Block 22, Plan M-1908; Block 49 Plan 65M-2436; Block 30, Plan
65M-2253; Block 14, Plan M-2003, Part Block I, Plan M-1902, being the reserve
lying east of Part 1, Plan 65R-6256; Part Block I, Plan M-1902, being the
reserve lying west of Part 1, Plan 65R-6256; Block J, Plan M-1902; Block 27,
Plan 65M-2498; Block H, Plan M-1900; Block 31, Plan 65M-2297; Block C, Plan
M-1901;and Block 23, Plan 65M-2341: Lands being one foot reserves on 16th
Avenue.
(In-camera Item No. 1) (By-law 2009-44)
CARRIED
12. BY-LAWS
Council
consented to add By-laws 2009-51 to 2009-54.
Moved by
Councillor A. Chiu
Seconded by
Regional Councillor
J. Jones
That By-laws 2009-44 to
2009-49 and 2009-51 to 2009-54 be given three readings and enacted.
Three Readings
BY-LAW 2009-44 A by-law to authorize the execution of Transfers of Land and
other related documents for multiple Town owned lands.
[Other Business Item (1) and In-camera Item (1)]
By-law
BY-LAW 2009-45 A by-law to amend Municipal Law Enforcement Officers
Appointment By-law 2002-178 and Parking By-law 2005-188 (Update the list for
Enforcement Officers, Parking Enforcement Agencies and Tagging Locations).
By-law
BY-LAW 2009-46 A by-law to dedicate certain lands as part of the highways of
the Town of Markham (Block 363, Plan 65M-3767 - Gas Lamp Lane and Block 364
Plan 65M-3767 - Cornwall Drive).
By-law
BY-LAW 2009-47 A by-law to stop and close a Portion of Main Street Unionville
South legally described as Part of Lot 1, Plan 2196, designated as Parts 1 and
2, Plan 65R-31233.
(In-camera Item No. 3 - Oct. 28, 2008)
By-law
BY-LAW 2009-48 A by-law to amend Zoning By-law 2284-68, as amended (Ontario Realty
Corporation, 2601 14th Avenue - To delete subjects lands from the
area By-law 2284-68, as amended, so that they may be incorporated into By-law
28-82, as amended, to permit industrial/office uses).
(Item No. 2, Report No. 12, 2009)
By-law
BY-LAW 2009-49 A by-law to amend Zoning By-law 28-82, as amended (Ontario
Realty Corporation, 2601 14th Avenue - To permit industrial/office
uses).
(Item No. 2, Report No. 12, 2009)
By-law
BY-LAW 2009-51 A by-law to provide for the levy and collection of sums
required by The Corporation of the Town of Markham for the year 2009 and to
provide for the mailing of notices demanding payment of taxes for the year
2009.
(Item No. 3, Report No. 34)
By-law
BY-LAW 2009-52 A by-law to amend Zoning By-law 304-87, as amended (Markham
Stouffville Hospital - To delete subject lands from the area By-law 304-87, as
amended, so that they may be incorporated into By-law 177-96, as amended, to
permit the hospital expansion).
(Item No. 2, Report No. 43, 2008)
By-law
BY-LAW 2009-53 A by-law to amend Zoning By-law 1229, as amended (Markham
Stouffville Hospital - To delete subject lands from the area By-law 1229, as
amended, so that they may be incorporated into By-law 177-96, as amended, to
permit the hospital expansion).
(Item No. 2, Report No. 43, 2008)
By-law
BY-LAW 2009-54 A by-law to amend Zoning By-law 177-96, as amended (Markham
Stouffville Hospital - To permit the hospital expansion).
(Item No. 2, Report No. 43, 2008)
By-law
CARRIED
13. IN-CAMERA ITEMS
Council
considered the following In-Camera Item Nos. (1) and (2) during the regular
portion of the meeting and did not go into in-camera session:
REPORT
OF GENERAL COMMITTEE - May 4, 2009
(1) DECLARATION
OF SURPLUS REAL PROPERTY
PROPOSED DISPOSITION OF MULTIPLE
TOWN OWNED PROPERTIES (8.5)
[Section 239 (2) (c)]
Moved by
Regional Councillor G. Landon
Seconded by
Regional Councillor
J. Jones
1) That
the report entitled “Declaration of Surplus Property – Proposed Disposition of
Multiple Town Owned Properties” be received; and,
2) That the following properties be declared surplus pursuant to
Town of Markham By-law 178-96 and that notice of the proposed disposition of
such lands be placed on the agenda for the Council Meeting May 12, 2009; and,
1. Block 174, Plan 65M-3178: Lands on the
East side of Kennedy Road between Castan Avenue and South Unionville Avenue;
2. Blocks E, F, and G, Plan M-1896; Block
AX, Plan M-1654; Blocks I and J Plan M-1488; Blocks DX, EX and FX, Plan 1448;
Block L, Plan 9143; Block BX, Plan M-1650; Blocks F and G, Plan M-1900; and
Part Lot 15, Concession 8, Part 12, Plan 65R-12407: Lands being one foot
reserves on 9th Line;
3. Part Block 41, Plan M-1915, Lying East
of Part 1, Plan 66R-11937; Part Block 41 Plan M-1915, Lying West of Part 1,
Plan 66R-11937; Block 42, Plan M-1915; Block 28, Plan 65M-2230 being a reserve
together with Part Lot 2, Concession 5, Parts 2, 3, 4 and 5, Plan 66R-9890;
Blocks 30, 31 and 33, Plan 65M-2616; Block 32, Plan 65M-2616 Lying North East
of Part 1, Plan 65R-18659; Block 32, Plan 65M-2616, Lying West of Part 1,
65R-18659; Blocks 22 and 23, Plan 65M-2813; Part Lot 6, Concession 5, Parts 5
to 12, 65R-12118, Blocks 174, 175, 176, 177 and 183, Plan 65M-2509; Blocks 241,
242 and 243, Plan 65M-2770 and Blocks 29, 30 and 31, Plan 65M-2757: Lands being
one foot reserves on 14th Avenue; and
4. Block 190, Plan 65M-2879; Blocks 174
and 175 Plan 65M-2964; Blocks 16 and 17 Plan 65M-2965; Blocks 213, 214, 216 and
217, Plan 65M-2522; Blocks 102 and 106 Plan 65M-2277; Blocks 102 and 106, Plan
65M-2278; Blocks 114 and 119 , Plan M-2017; Blocks 153 and 154, Plan M-1971;
Blocks A and B, Plan M-1714; Blocks 44 and 45, Plan M-1962; Block C, Plan
M-1721; Blocks 272 and 279, Plan 65M-2269; Blocks 218, 219, 220 and 221, Plan
65M-2267; Blocks 89, 90 and 91, Plan 65M-2371; Blocks 264, 265, 266 and 267,
Plan M-1931; Block 43, Plan 65M-2761; Blocks 133, 134 and 135, Plan 65M-2142;
Blocks 125, and 126, Plan 65M-2087; Block 127, Plan 65M-2087, West of Part 1,
Plan 65R-6274; Block 127, Plan 65M-2087, East of Part 1, Plan 65R-6274; Block
87, Plan 65M-2312; Block 154, Plan 65M-2264; Block 164, Plan 65M-2193; Block
47, Plan 65M-2280; Block 149, Plan 65M-2088; Block G, Plan M-1909; Block 10,
Plan 65M-2434; Block 22, Plan M-1908; Block 49 Plan 65M-2436; Block 30, Plan
65M-2253; Block 14, Plan M-2003, Part Block I, Plan M-1902, being the reserve
lying east of Part 1, Plan 65R-6256; Part Block I, Plan M-1902, being the
reserve lying west of Part 1, Plan 65R-6256; Block J, Plan M-1902; Block 27,
Plan 65M-2498; Block H, Plan M-1900; Block 31, Plan 65M-2297; Block C, Plan
M-1901;and Block 23, Plan 65M-2341: Lands being one foot reserves on 16th
Avenue.
3) That a by-law
be enacted at a future Council meeting authorizing the Mayor and Clerk to
execute a Transfer of Land and other related documents for the completion of
the above conveyances in a form satisfactory to the Chief Administrative
Officer and the Town Solicitor; and further,
4) That
Staff be authorized and directed to take the actions set out in this report.
(Other
Business 1 and By-law 2009-44)
CARRIED
(2) WOODBINE
BY-PASS UPDATE
ELGIN MILLS TO EXISTING
WOODBINE AVENUE (5.10)
Moved by
Regional Councillor G. Landon
Seconded by
Councillor D. Horchik
1) That
the update on the Woodbine By-pass be received; and,
2) That staff be authorized to provide direction to the Region
of York as approved by Council; and further,
3) That
staff be authorized to do all things necessary to give effect to this update.
CARRIED
14. CONFIRMATORY BY-LAW
Moved by
Councillor A. Chiu
Seconded by
Councillor J. Virgilio
That By-law
2009-50 be given three readings and enacted.
Three Readings
BY-LAW 2009-50 A by-law to confirm the proceedings of the Council meeting of May
12, 2009.
(Council Meeting No. 8, 2009)
By-law
CARRIED
15. ADJOURNMENT
Moved by Councillor A.
Chiu
Seconded
by Deputy Mayor J. Heath
That the meeting do adjourn.
CARRIED
Council
adjourned at 10:09 p.m.
___________________________________ _____________________________________
KIMBERLEY
KITTERINGHAM FRANK
SCARPITTI
TOWN
CLERK MAYOR
(Signed)