COUNCIL MINUTES
March
20, 2012
Canada
Room, Anthony Roman Markham Civic Centre
Meeting No. 5
Alternate
formats for this document are available upon request
ROLL CALL
Mayor Frank
Scarpitti, Deputy Mayor Jack Heath, Regional Councillor Jim Jones, Regional
Councillor Gord Landon, Regional Councillor Joe Li, Councillor Valerie Burke,
Councillor Howard Shore, Councillor Don Hamilton, Councillor Carolina Moretti,
Councillor Colin Campbell, Councillor Alan Ho, Councillor Logan Kanapathi,
Councillor Alex Chiu.
STAFF
Andy Taylor, Chief
Administrative Officer
Jim Baird, Commissioner of
Development Services
Catherine Conrad, Town
Solicitor
Brenda Librecz, Commissioner
of Community and Fire Services
Kimberley Kitteringham, Town
Clerk
Alida Tari, Council/Committee
Coordinator
Joel Lustig, Treasurer
Dennis
Flaherty, Director, Communications & Community Relations
John Wong, Technology
Support Specialist
Bill Wiles, Manager of
Enforcement and Licensing
The Regular
Meeting of Council convened at 7:10 p.m. on March 20, 2012 in the Canada Room. Deputy Mayor Jack Heath presided until 7:25
p.m. and Mayor Frank Scarpitti presided thereafter.
1. DISCLOSURE OF PECUNIARY INTEREST
(1) Councillor Valerie
Burke disclosed an interest with respect to Item No. 1, Report No. 15 and
By-law 2012-61, regarding the Interim Control By-law for Thornlea Industrial
Area, by
nature of there being a family-owned business in the area, and did not
take part in the consideration or discussion of or vote on the question of the
approval of such matter.
2. MINUTES
(1) COUNCIL
MINUTES – FEBRUARY 28 AND 29, 2012
Minutes
Moved by
Councillor Alex Chiu
Seconded by Councillor
Carolina Moretti
1) That the Minutes of the
Council Meeting held on February 28 and 29, 2012, be adopted.
CARRIED
3. PRESENTATIONS
(1) RIVER
WONG - 2011 ONTARIO JUNIOR CITIZEN
OF THE YEAR AWARD RECOGNITION (12.2.6)
Council recognized River
Wong, recipient of the 2011 Ontario Junior Citizen of the Award.
The award recognizes outstanding young people who has contributed to the
community service, or contributed to the community while living with a physical
or psychological limitation, or performed acts of heroism or bravery. Candidates are also recognized for being ‘good
kids’ who show a commitment to making life better for others.
(2) MARKHAM
VILLAGE IN THE PHILIPPINES RECOGNITION (12.2.6)
Council recognized
a group of Toronto Catholic District School Board students and adult volunteers
for travelling to Philippines to build a community named "Markham
Village".
Consul General
Pedro Chan addressed Council and expressed his appreciation for the welcome
shown to him by the Council of the Town of Markham.
Student Participants
Jhoselyn Adames
Adrian Autencio
Olivia Campbell
Alissa Caringal
Jessica Carino
Marissa David
Aaron Espiritu
Hannah Fabro
Liphayette Hilado
Cameron Magee
Meghan Musngi
Patrick Parro
Camille Silverio
Michael Tang
Ninivette Vergara
Adult Volunteers
Ethel Forester
Kimberly Milanes
David Hyde
Trisha Lasola
Michael Consul
Belen Conul
Bernie Consul
Moved by
Councillor Alex Chiu
Seconded by Deputy
Mayor Jack Heath
1) That
Council of the Town of Markham express its appreciation to Philippine Consul
General Pedro Chan for his 34 years of public service and that Council extend
best wishes to the Consul General on his retirement.
CARRIED
4. DELEGATIONS
Council
consented to add Delegation Nos. 1 to 3.
(1) TUPPER
WHEATLEY, MILNE PARK CONSERVATION ASSOCIATION (5.7)
Moved by Regional
Councillor Jim Jones
Seconded by Councillor
Carolina Moretti
1) That
the delegation of Tupper Wheatley, Milne Park Conservation Association, providing
comments regarding the item titled "Tributary #5 Improvements – Funding" be
received. (Item No. 5, Report No. 13)
CARRIED
(2) PETER
MCLEOD (2.16)
- Addressed Council and spoke in support of the proposed motion titled
"Illegal Signs on Municipal Boulevards. (Motion No. 1)
(3) SAL
CRIMI, S.C. LAND MANAGEMENT CORPORATION (10.5)
- Addressed Council and spoke in support of the proposed by-laws for the applications
submitted by 1839314 Ontario Limited (formerly Great Eldin Developments Ltd.),
9560 Highway 48. (By-laws 2012-62 and
2012-63)
5. PETITIONS
(1) BURYING
THE POWER LINES BETWEEN
RODICK ROAD AND SCIBERRAS ROAD
(5.0)
Petition
Moved by Regional
Councillor Jim Jones
Seconded by Councillor
Alan Ho
1) That
the petition signed by approximately 218 residents of YRSCC 1183, Circa2
Condominium, 23 Cox Boulevard, providing their support with respect to the
burying of the power lines between Rodick Road and Sciberras Road be received.
CARRIED
6(a) REPORT NO. 12 - GENERAL COMMITTEE (March
5, 2012)
Moved by Regional
Councillor Gord Landon
Seconded by Councillor
Alan Ho
That Report
No. 12 – General Committee comprised of 2 items be received and adopted.
(1) TEMPORARY
ROAD CLOSURE OF REESOR
ROAD TO MAJOR MACKENZIE DRIVE
TO
HIGHWAY 7 (5.10)
Report
1) THAT
the report titled “Temporary road closure of Reesor Road from Major Mackenzie
Drive to Highway 7” be received; and,
2) THAT
the closure of Reesor Road from Major Mackenzie Drive to highway 7 be approved
from March 19, 2012 to June 15, 2012; and,
3) THAT
an exemption to the Town’s Noise Control By-Law 2003-137 be made to extend the
hours of work from 7:00pm to 6:30am during the road closure; and further,
4) THAT
the staff be authorized and directed to do all things necessary to give effect
to this resolution.
CARRIED
(2) MARKHAM
MUSEUM COLLECTIONS
MANAGEMENT POLICY (6.7)
Report
1) THAT
the report entitled Markham Museum Collection Management Policy be received;
and,
2) THAT
Council approve the revised Markham Museum Collection Policy (appendix A)
recommended by the Friends of Markham Museum and Staff; and,
3) THAT
the Museum Curator maintain the authority to sign gift agreements and other routine
legal documents pertaining to collection management; and further,
4) THAT
Staff be authorized and directed to do all things necessary to give effect to
this resolution.
CARRIED
6(b) REPORT NO. 13 - DEVELOPMENT SERVICES
COMMITTEE (March 6, 2012)
Moved by Regional
Councillor Gord Landon
Seconded by Councillor
Colin Campbell
That Report
No. 13 – Development Services Committee comprised of 6 items be received and
adopted.
(1) YORK REGION 16TH AVENUE
TRUNK SEWER ENHANCEMENT
PROJECTS
– ROBINSON CREEK NORTH PROJECT
(5.10)
Report
1) That
the report entitled “York Region, 16th Avenue Trunk Sewer
Enhancement Projects - Robinson Creek North Project” dated March 6, 2012, be
received; and,
2) That
Council endorse the Robinson Creek North Restoration Project subject to the
following:
i) That
staff continue to work with the Toronto and Region Conservation Authority and
the Region of York to finalize the design for the channel restoration and the
multi-use pathway, to the satisfaction of the Town; and,
ii) That
the Commissioner of Development Services and the Town Solicitor be authorized
to execute an agreement with the TRCA and the Region of York, for the works to
be done on the Town owned lands at no expense to the Town, and further
3) That
staff be authorized and directed to do all things necessary to give effect to
this resolution.
CARRIED
(2) STATUS UPDATE REPORT
TRIBUTE (UNIONVILLE) LIMITED ZONING
BY-LAW AMENDMENT APPLICATION TO
PERMIT A MIXED-USE COMMERCIAL-
RESIDENTIAL BUILDING AT 20 FRED VARLEY DRIVE (10.5)
Report
1)
That the report titled “Status Update Report, Tribute (Unionville)
Limited, Zoning By-law Amendment application to permit a mixed-use
commercial-residential building at 20 Fred Varley Drive, File No. ZA 11 113101”
be received; and
2)
That Council direct the Town Solicitor and Staff to request mediation at
the Ontario Municipal Board (OMB); and further
3)
That staff be authorized and directed to do all things necessary to give
effect to this resolution.
CARRIED
(3) REQUEST
FOR DEMOLITION OF DWELLINGS
23 PRINCESS ST. AND 59 ROUGE
ST.
MARKHAM VILLAGE HERITAGE
CONSERVATION DISTRICT
(FORMERLY CALLED 23 PRINCESS
STREET AND 59 ROUGE STREET,
MARKHAM VILLAGE, REQUEST FOR
DEMOLITION OF DWELLINGS)
(10.13 and 16.11)
Report
1) That
the staff report titled “Request for Demolition of Dwelling, 23 Princess St.
and 59 Rouge St., Markham Village Heritage Conservation District” dated March
9, 2012, be received; and,
2) That
Council has no objection to the demolition of the dwellings at 23 Princess St.
and 59 Rouge St. subject to the following conditions:
a) The
applicant to advertise in the local newspaper the availability of the dwellings
for relocation and/or salvage of materials to promote diversion of materials
from landfill;
b) The
applicant or future owner obtain Site Plan Approval for a new dwelling which
complies with the Markham Village Heritage Conservation District Plan prior to
the issuance of a demolition permit;
c) The
applicant or future owner work with staff to retain mature trees on the
property; and further,
3) That
Staff be authorized and directed to do all things necessary to give effect to
this resolution.
CARRIED
(4) TRIBUTARY
#5 IMPROVEMENTS – FUNDING (5.7)
Report
1) That
the report entitled “Tributary #5 Improvements – Funding” be received; and,
2) That
the budget for the Capital Account #70-5350-11416-005 be increased by
$932,324.84 inclusive of HST to be funded from the Townwide Hard Development
Charges Reserve for the following items:
a. Associated
cost of Tributary #5 Improvements, at 16 Main Street in the amount of
$832,324.84 inclusive of HST;
b. Additional
contingency allowance for this project of $100,000.00 (from $63,893.82 to
$163,893.82) inclusive of HST; and,
3) That
upon completion of the Tributary #5 Improvements, any unused funding be
transferred back to the Townwide Hard Development Charge Reserve; and further,
4) That
staff be authorized and directed to do all things necessary to give effect to
this resolution.
CARRIED
(5) MARKHAM
ROAD FROM 16TH AVENUE TO
MAJOR MACKENZIE DRIVE
MUNICIPAL SERVICING (5.10)
Report
1) THAT the staff report entitled,
“Markham Road from 16th Avenue to Major Mackenzie Drive Municipal
Servicing” be received; and,
2) THAT the existing 300mm diameter
sanitary sewer on the East side of
Markham Road from north of Edward Jeffrey’s Avenue northward to approximately
160m south of Major Mackenzie Drive be upgraded with a new larger diameter
sanitary sewer (450mm and 525mm) to accommodate future development within the
area; and,
3) THAT a new 2012 Engineering Department
capital project be created for the proposed upgrade of the existing sanitary
sewer on Markham Road, from 16th Avenue to Major Mackenzie Drive,
and Bur Oak Avenue, in the amounts of $900,000.00, inclusive of HST, to
accommodate future development, to be funded the from Town Wide Hard (TWH) DC
reserve, with subsequent recoveries from the future Area Specific Development
Charge (ASDC) reserve, and $100,000.00, for the non-growth portion, inclusive
of HST to be funded from the Non-DC Growth Reserve Fund; and,
4) THAT the Development Charges Background
Study scheduled to be completed by the spring/summer of 2013, include an Area
Specific Development Charge (ASDC) which shall include the sanitary sewer
upgrade; and further,
5) That Staff be authorized and directed
to do all things necessary to give effect to this resolution.
CARRIED
(6) AWARD
OF PROPOSAL 221-R-11-CONSULTING SERVICES
FOR THE TRIBUTARY #5
ENVIRONMENTAL ASSESSMENT STUDY (5.7)
Report
1) THAT
the report entitled “Award of Proposal 221-R-11-Consulting Services for the
Tributary #5 Environmental Assessment Study”, be received; and,
2) THAT
the contract for Tender 221-R-11-Consulting Services for the “Tributary #5
Environmental Assessment Study” be awarded to the highest ranked, second lowest
priced, bidder, URS Canada Inc., in the amount of $93,016.78 inclusive of HST; and,
3) THAT
that a separate purchase order in the amount of $ 15,000.00 inclusive of HST be
issued for contingency to cover any additional consultation costs and that the
Director of Engineering be authorized to approve the expenditure of this
contingency amount up to the specified limit in accordance with the Expenditure
Control Policy; and,
4) THAT
the Engineering Department Project Management fee in the amount of $12,962.01
inclusive of HST be funded from the Markham Centre Mobility Hub Account as
detailed in this report; and,
5) THAT
a new Engineering Department 2012 Capital Budget be created for this study in the amount of $120,978.79
inclusive of HST to be funded from the Town Wide Development Charges; and,
6) THAT
the enhancements to the tributary arising from the Environmental Assessment
study be included in the future Development Charge Bylaw Update; and further,
7) THAT
staff be authorized and directed to do all things necessary to give effect to
this resolution.
CARRIED
6(c) REPORT NO. 14 - GENERAL COMMITTEE (March
19, 2012)
Council consented to add Report No. 14 and to separate Item Nos. 1 and
3.
(See following Item Nos. 1 and 3)
Moved by Regional
Councillor Gord Landon
Seconded by
Councillor Alex Chiu
That Report No. 14 – General Committee comprised of 7 items be received
and adopted.
(1) MASTER
FIRE PLAN (5.0)
Report Presentation
1) That
the report and presentation titled “Town of Markham Master Fire Plan
Presentation and Final Report to Council” be received and,
2) That
the Master Fire Plan be adopted, in principle, subject to further reporting;
and,
3) That
the Fire Chief be directed to report back to Council during 2nd
quarter 2012 on priorities, cost implications and options for phased
implementation; and,
4) That
Council direct staff to immediately begin investigating potential land
acquisitions for future fire station(s) and/or opportunities to incorporate
fire stations within existing buildings in high density areas such as Markham
Centre and Langstaff, and report back to General Committee; and further,
5) That
staff be authorized and directed to do all things necessary to give effect to
this resolution.
CARRIED
Council
consented to approve the revised Resolution No. 4 as noted above and not to consider
the following Resolution No. 4 outlined on the agenda:
"4) That
Council direct staff to begin investigating potential land acquisitions for
future fire station(s) in Markham Centre and report back to Committee;"
(2) AMENDED
2012 CELEBRATE MARKHAM GRANTS (7.6)
Memo Appendix
A (amended) Report
1) That the memo entitled “Amended 2012 Celebrate Markham
Grants Allocation” be received; and,
2) That the 2012 Allocation of Celebrate Markham Grants as
outlined in the Amended Appendix A be approved; and,
3) That the Celebrate Markham Grant allocations be referred to
the Budget Subcommittee during the 2013 budget process to review the related
funding for Celebrate Markham events, Senior groups and other organizations;
and further,
4) That Staff be authorized and directed to do all things
necessary to give effect to this resolution.
CARRIED
(3) SUMMARY
OF 2011 REMUNERATION
& EXPENSES FOR COUNCILLORS
AND
APPOINTEES TO BOARDS (7.0)
Report Appendix
A Appendix
B
1) That
Council receive for information the March 19, 2012 report entitled “Summary of
2011 Remuneration & Expenses for Councillors and Appointees to Boards”;
and,
2) That
staff be directed to examine the reporting of remuneration and expenses of
comparable Greater Toronto Area (GTA) municipalities including the level of
detail that is reported out, and a comparison of allowances for Member of
Council between Town of Markham and other comparable GTA municipalities; and
further,
3) That
Staff be authorized and directed to do all things necessary to give effect to
this resolution.
CARRIED
Council consented to delete the words "...high level..."
before the words "...comparison of allowances..." in Resolution No.
2.
(4) CONTRACT
EXTENSION FOR 013-T-09
ASPHALT MAINTENANCE AND
014-T-09
CONCRETE MAINTENANCE (5.10)
Report
1)
That the report entitled “Contract Extension
for 013-T-09 Asphalt Maintenance and 014-T-09 Concrete Maintenance ” be
received; and,
2)
That contract 013-T-09 Asphalt Maintenance be
extended to D. Crupi & Sons Ltd for an additional season (April 1, 2012 to
December 31, 2012) in the estimated
annual amount of $1,025,500 inclusive of HST; and,
3)
That 014-T-09 Concrete Maintenance be extended to V.T.A. Construction
Limited for an additional season (April 1, 2012 to December 31, 2012) in the estimated annual amount of
$902,220 inclusive of HST; and,
4)
That the tendering 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 the budget accounts
as listed in the Financial Considerations section of this report in the amount
of $1,927,720, inclusive of HST
impact; and,
6)
That this report be brought forward to the
March 20th, 2012 Council meeting for approval; and further,
7)
That Staff be authorized and directed to do all
things necessary to give effect to this resolution.
CARRIED
(5) FACILITY
& PARK NAMING POLICY (5.0)
Report Appendix
A
1) That
the report “Facility & Park Naming Policy” be received; and,
2) That
the Facility & Park Naming Policy be amended to include Stormwater
Management (SWM) Ponds and
remove the word "posthumously" from the selection criteria and the
accompanying note; and,
3) That
Council endorse the Facility & Park Naming Policy as attached in Appendix A
as amended at the March 19, 2012 General Committee meeting, for all facilities
and parks to be constructed moving forward in 2012; and,
4) That
Staff review the existing parks and facilities that have not yet been named,
bringing forward recommendations to General Committee by September 2012; and
further,
5) That
Staff be authorized and directed to do all things necessary to give effect to
this resolution.
CARRIED
(6) ANNUAL
WATER QUALITY REPORT
(JAN- DEC 2011) (5.3)
Report
1) That
the report titled “Annual Water Quality Report (January – December 2011)” as
required be Schedule 22 of the Ontario Drinking System Regulation 170/03 (O.
Reg. 170/03) be received; and,
2) That
the 2011 Annual Water Quality Report (Attachment “A”), contains information for
the Ministry of the Environment (MOE) on water supply and quality as required
be Section 11 of O. Reg. 170/03, be received; and,
3) That
Council directs staff to post the 2011 Annual Water Quality Report on the
Town’s website and that it be made available and provided to residents upon
request in hard copy version by February 28, 2012; and further,
4) That
Staff be authorized and directed to do all things necessary to give effect to
this resolution.
CARRIED
(7) REPLACEMENT
OF MUNICIPAL REPRESENTATIVE
FOR THE CREDIT VALLEY, TORONTO REGION
AND CENTRAL LAKE ONTARIO (CTC)
REGION SOURCE PROTECTION
COMMITTEE
AS REQUIRED BY THE CLEAN WATER
ACT (13.4)
Letter
1) That
the letter dated February 17, 2012 from York Region regarding municipal
representation on the Credit Valley, Toronto Region and Central Lake Ontario
Region Source Protection Committee be received; and,
2) That
the Regional Municipality of York’s appointment of Don Goodyear as the
municipal representative to the Credit Valley, Toronto Region and Central Lake
Ontario Region Source Protection Committee be endorsed.
CARRIED
6(d) REPORT NO. 15 - DEVELOPMENT SERVICES
COMMITTEE (March 20, 2012)
Council consented to add Report No. 15 and to separate Item No. 1. (See
following Item No. 1)
Moved by Councillor
Howard Shore
Seconded by Councillor
Don Hamilton
That Report No. 15 – Development Services Committee comprised of 1 item
be received and adopted.
(1) RECOMMENDATION
REPORT
INTERIM CONTROL BY-LAW
THORNLEA INDUSTRIAL AREA
THORNHILL COMMUNITY (PR 12
108428) (10.0)
Report Figures
1+2 Appendix
A
(1) That
the report entitled “Recommendation Report, Interim Control By-law Thornlea
Industrial Area, Thornhill Community File # PR 12 108428” dated March 20, 2012,
be received; and,
2) That
pursuant to Section 38 of the Planning Act, Council enact an Interim Control
By-law for the Thornlea Industrial Area, substantially in accordance with the
proposed By-law attached as Appendix ‘A’; and,
3) That
Industry Canada and the Honourable Peter Kent, Minister of the Environment and Member of
Parliament for Thornhill, be notified of the Interim
Control By-law; and further,
4) That
Staff be authorized and directed to do all things necessary to give effect to
this resolution.
CARRIED
7. MOTIONS
(1) ILLEGAL SIGNS ON MUNICIPAL
BOULEVARDS (2.16)
Moved by Councillor
Howard Shore
Seconded by Councillor
Logan Kanapathi
Whereas
the proliferation of illegal signs littering municipal boulevards are a genuine
public safety concern causing sight distance problems, especially at
intersections blocking the view of motorists and pedestrians; and,
Whereas
illegal signs are an eyesore that end up on city streets, in gutters and
distract drivers creating an issue of health and safety; and,
Whereas
illegal signs create the same negative perception of in a community as graffiti
or other forms of vandalism and, in fact, illegal signs adhered to municipal
property such as Stop signs, traffic signal poles and hydro poles constitute
vandalism; and,
Whereas illegal signage can
impact property values for property
owners, and drain taxpayer resources for their removal; and,
Whereas illegally placed
signs are contrary to character the Town of Markham wishes to portray as a
clean and sustainable community; and,
Whereas illegal signs are a
blight on the landscape; and,
Whereas the Town of Markham
wishes to encourage the effective use of signs as a means of communication;
and,
Whereas the Town of Markham
believes in enhancing the appearance of our municipal roads and boulevards;
and,
Whereas the Town of Markham
wishes to minimize clutter by limiting the size and number of signs; and,
Whereas the Town of Markham
wishes to improve pedestrian and traffic safety; and,
Whereas the Town of Markham
wishes to ensure the fair and consistent enforcement of sign regulations; and,
Whereas the Town of Markham
wishes to address issues of sign maintenance, repair, replacement and removal;
Now therefore be it resolved:
1) That Council request the
Town Clerk to report to General Committee, no later than September, 2012 on:
a) An
overview of Sign By-law regulations pertaining to municipal property and
municipal right of ways (boulevards) including information on the current
limitations and restrictions on enforcement;
b) Amendments
to the Sign By-law to permit limited commercial signage, including real estate
signage, and determine the maximum
numbers and specific locations thereto, allowing the Town to prosecute business
and persons placing signs exceeding the prescribed By-law limits;
d) A
recommendation on an application to the Chief Justice of the Ontario Court of
Justice for increased Set Fines as a deterrent to contravening the Sign By-law;
e) The
process and any recommendations on the recovery of fines and on the costs
incurred removing illegal signs by adding the costs to the tax rolls for
Markham based offenders and on the possible methods of recoveries for non
Markham based offenders; and,
f) Any
other recommendation on actions that Council can take to reduce the amount of
signage being placed on municipal property and right of ways by third parties;
and,
2. That the placement of
certain types of signs and the methods used on municipal infrastructure,
particularly utility poles (hydro, light standards, traffic signals) and
traffic signage, shall be considered as being “damaging, injuring, or defacing”
as prohibited in By-laws and prosecuted according; and,
3. That
Council reaffirm its commitment to the beautification of its public realm
streetscape and accordingly that, in principle, commercial signage on municipal
boulevards is inconsistent with Markham’s Greenprint and to be discouraged; and
further,
4. That staff be directed to prepare an information memo for a future
General Committee meeting outlining: 1) Legislative Services planned summer
Sign By-law Enforcement Program; and 2) potential enhancements to the Program
(including costs for additional resources) to ensure increased enforcement of
the Town’s Sign By-law regulations.
CARRIED
The notice of this motion was given at the February 28, 2012 Council
meeting.
Council consented
to revise the proposed motion by adding the following as Resolution No. 4:
"That
staff be directed to prepare an information memo for a future General Committee
meeting outlining: 1) Legislative Services planned summer Sign By-law
Enforcement Program; and 2) potential enhancements to the Program (including
costs for additional resources) to ensure increased enforcement of the Town’s
Sign By-law regulations."
(2) MARKHAM
EAST TORONTO RAIL
ORIENT-EXPRESS ALL DAY TRAIN
SERVICE (5.14)
Moved by Regional
Councillor Jim Jones
Seconded by Councillor
Carolina Moretti
That the following motion be
deferred to the April 3, 2012 Council meeting for consideration:
Whereas the Metrolinx Regional Transportation
Plan 2009 (“The Big Move 2020”) identifies full day, 2-way service on the
Stouffville line from Mount Joy to Toronto’s Union Station as part of the 15
year plan for Regional Rapid Transit; and
Whereas GO Transit will be undertaking an
Environmental Assessment (EA) study on the Stouffville line for future
infrastructure improvements in Markham and Toronto to provide for the planned
full day, 2-way service, to be operational between Markham Center and Toronto’s
Union Station by 2014; and
Whereas Metrolinx in 2013 is reviewing and
updating its Regional Big Move 2020 Transportation Plan. This Stouffville Go
Line should be considered for electrification in its entirety; and
Whereas during the environmental assessment
process for the Stouffville rail corridor, opportunities exist for alternative
technologies to be considered. These
alternative technologies include MagLev which is currently used in major
centers and is extremely quiet, affordable, efficient and fast; and
Whereas smaller, more cost effective
diesel-electric multiple unit (DEMU), trains that are used throughout Europe,
in use today in Ottawa on their O-Train line, and is currently being implemented between
Toronto Pearson Airport and Union Station; and
Whereas consideration should be given to go
directly to Electric Train Technology for the Stouffville GO Line; and
Whereas the electric technology will enable
more frequent, lower cost service, with a greater number of new stations
stops along the route and improve travel
time to our transit riders; and
Whereas the electric technology trains could
carry a similar or larger number of transit rides than subway service; and
Whereas the Markham East Toronto Rail
Orient-Express (METRO-E) concept would enable more frequent headways, and more
frequent transit stops along this approved north-south rapid transit corridor
between Stouffville and Union Station; and
Whereas this north-south corridor will also
interconnect with a number of existing and planned east-west rapid transit
corridors, including VIVA bus rapid transit, 407 Rail Transitway, Steeles
BRT/LRT. Finch BRT/LRT, Sheppard Subway, Eglinton-Crosstown LRT, Bloor-Danforth
Subway, and Lakeshore East GO; and
Whereas the METRO-E would stimulate transit
dependant development (TDD) and redevelopment along this transit corridor; and,
Whereas climate change, global warming, end of
oil and gridlock are issues facing all major cities, it is important that all
station communities are TDD designed systems to be net zero in energy, waste and emissions and produce
the best public realm and quality of life for our citizens; and
Whereas METRO-E would reduce automobile
dependence, energy consumption and would promote environmental, social and
economic sustainability initiatives; and
Whereas Metrolinx has allocated their budget for transit projects for the
next five years and revenues from development charges, TIFs, Section 37, HST,
taxes, Gas Taxes increased user fees, improve operating performance are viable
and can be leveraged within a Public Private
Partnership (P3) model;
Now therefore be it resolved:
1) That
a steering committee co-chaired by Markham Regional Councillor Jim Jones and
member of Toronto Council selected by City of Toronto Council be created. The committee will determine its membership
which will include members of Markham, Toronto Council and other municipalities
and levels of Government.. This
committee will focus on station and rail strategy, TDD, community planning,
Government Relationships and Public Private Partnerships; and
2) That the Steering Committee seek
advice from the participating government
bodies, agencies and other sources as
determined by the committee with respect to terms of reference and funding requirements for comprehensive
studies and reports that would be required to pursue the METRO-E concept; and
3) That a working group reporting to the
steering committee be formed of
representatives from Metrolinx, the City of Toronto, the Region of York, and
the Town of Markham to review the need and justification of the METRO-E
concept, and the associated transportation, land use planning and economic
development benefits; and
4) That Metrolinx and other government
agencies and stakeholders at the Federal, Provincial, Regional and Municipal
level be requested to consider the merit and implications of the METRO-E
concept and DEMU/Electric/Maglev technology on the Stouffville rail line in the
context of the current review and update of the Metrolinx Regional
Transportation Plan and Metrolinx Environment Assessment Study for the GO’s
Stouffville Line; and
5) That copies of this resolution be
forwarded to the Premier of Ontario, the Federal Ministers of Finance,
Transportation, Infrastructure and the Provincial Ministers of Finance, Transportation and Infrastructure
Ontario, East Toronto and Markham area
MPP’s, the City of Toronto, the Mayor and Council members of the
City Toronto, the Toronto Transit
Commission, Metrolinx, York Region and York Rapid Transit Corporation."
CARRIED
The notice of this motion was given at the
February 28, 2012 Council meeting.
(3) REQUEST
TO THE PROVINCE TO AMEND THE MUNICIPAL ACT
TO REQUIRE DIRECT ELECTION OF
THE CHAIR OF COUNCIL (13.4)
Moved by Councillor
Carolina Moretti
Seconded by Councillor
Howard Shore
That the following motion be
referred to a Council Workshop in May 2012 for further discussion:
Whereas prior to
1971 the Governance model for the Municipality of the County of York was a
Council of elected Mayors and or Reeves and deputy Mayors or Reeves from the
constituent Municipalities, and
Whereas the head
of Council was a Warden along with a Deputy Warden appointed by council from
the membership of the York County Council, and
Whereas in 1971
the Province of Ontario dissolved the former County of York and through the
Region of York Act, created the Region of York, and
Whereas the
Province also through boundary adjustment and amalgamation created the nine
municipalities that together now make up the Region of York, and
Whereas the
province of Ontario appointed the first Chairman of the Region of York, and
Whereas the
responsibilities of the Region of York at that time were limited in scope to
little more than that of the previous County Government, and
Whereas the
Region of York act as all other Regions created at that time were to grow and
provide additional services previously provided by the Provincial Government,
and
Whereas the
practice of an appointed Chairman has continued for over Fourty Years, even
though the population of the Region has increased from less than 250,000
residents in 1971 to in excess of 1,050,000 residents in 2011, and
Whereas the
population of the Region of York is in excess of the population of Newfoundland
and Labrador, (510,000), Prince Edward Island (146,000), Nova Scotia (946,000),
New Brunswick (756,000) and about even with Saskatchewan (1,057,900) and if
going to overtake the population of the Province of Manitoba within the present
planning horizon. These populations are from the 2011 Stats Canada Census, and
Whereas the
Chairman of the region of York is one of the most powerful politicians in the
Province, but is only accountable to a simple majority of the membership of the
York Region Council, and
Whereas to be
appointed Chairman of the Region of York Council requires 11 votes or
approximately 0.0000109934 percent of the population or approximately 0.0000275
percent of the eligible voters in the Region, and
Whereas the Prime
Minister, all Federal Ministers, Premiers and all Provincial Ministers must
hold an elected position in a riding prior to being eligible to vote on any
issues, and
Whereas the
present process of Council appointing their own chair deprives the residents
from hearing what the platform and agenda of the individuals running for the
most senior position in the Region of York is to be, and
Whereas that
agenda affects all of our lives whether it be Policing, Regional Planning,
Roads, Public Housing, Public Transportation, Water and Sewer Services,
Emergency Services and all other Regional Services provided, and
Whereas the role
of Chairman has grown to the point that appointing from within the elected
Council will not get the Regional Platform or agenda out to the residents as a whole,
Now therefore be it resolved:
1) That the Province of Ontario pass enabling legislation to require
the head of the Regional Municipality of York to be elected by general vote in
accordance with the Municipal
Elections Act, 1996, beginning in the 2014 Municipal Election; and,
2) That this motion be
sent to the Honourable Dalton McGuinty, Premier of Ontario, the Honourable
Kathleen Wynne Minister of Municipal Affairs and Housing, the Honourable Tim
Hudak leader of the Opposition, Andrea
Horwath Leader of the NDP, and all MPPs in York Region
CARRIED BY A RECORDED VOTE (7:6)
(See following recorded vote)
YEAS: Mayor
Frank Scarpitti, Deputy Mayor Jack Heath, Regional Councillor Gord Landon,
Councillor Valerie Burke, Councillor Howard Shore, Councillor Carolina
Moretti, Councillor Logan Kanapathi. (7)
NAYS: Regional
Councillor Jim Jones, Regional Councillor Joe Li, Councillor Don Hamilton,
Councillor Colin Campbell, Councillor Alan Ho, Councillor Alex Chiu. (6)
The notice of this motion was given at the
February 28, 2012 Council meeting.
Council consented to revise the proposed motion, Resolution No. 1, to remove
the reference to the "Region of York Act" as it has been repealed.
8. NOTICES OF MOTIONS
(1) REMOVING THE TOWN OF MARKHAM FROM
THE JURISDICTION OF THE
ONTARIO MUNICIPAL BOARD
AND ASKING THE PROVINCE OF
ONTARIO TO ABOLISH
THE ONTARIO MUNICIPAL BOARD
(OMB) (13.0)
Moved by Councillor
Howard Shore
Seconded by Councillor
Logan Kanapathi
Whereas
municipal councils are democratically elected and accountable representative
bodies; and,
Whereas
municipal councillors are the elected officials most closely tied to the
residential and business community and have the broadest understanding of the
issues that affect their neighbourhoods; and,
Whereas
municipal councillors have the obligation to make decisions on planning matters
in the best interests of their community at large; and,
Whereas
municipal councillors make determinations on issues of planning based on direct
and personal knowledge of the community, its potential and opportunities that
are not restricted to the boundaries of the Planning Act, such as strategic
plans, including Markham’s Growth Alternative to 2031; and,
Whereas
despite the Provincial of Ontario’s effort to heighten the relevance of local
municipal decisions by amending the Planning Act and directing that the OMB “shall have regard to” decisions made by municipal councils
this has proven to be so vague that the OMB's decisions are not, in fact, being
influenced by this amendment; and,
Whereas
it would be more appropriate in matters of law to have legal disputes referred
to the courts; and,
Whereas
particular planning concerns respecting land severance applications and minor
variances are heard by the municipal Committee of Adjustment and are subject to
appeal to the OMB;
Now therefore be it resolved:
1) That the Minister of Municipal Affairs
and Housing (MMAH) be requested to amend the Planning Act, the Heritage Acts,
and all other legislation under which the Ontario Municipal Board (OMB)
operates and has jurisdiction to abolish the OMB and to provide that decisions
of municipal councils are only appealable to the courts on matters
of substantive law;
and,
2) That the MMAH be
requested to amend the Planning Act to direct that appeals of decisions of the
Committee of Adjustment be appealable to municipal councils and that
municipalities be authorized to conduct hearings on such appeals through an
Appeals Committee of Council, if viewed appropriate to do so by the municipality;
and,
3) That copies of this resolution
be sent to the Minister of Municipal Affairs and Housing, all local members of
Provincial Parliament, GTA municipalities, registered ratepayer associations in
the Town of Markham, Markham Action Group for Improved Community, and Association of
Municipalities of Ontario (AMO); and,
4) That the MMAH be
requested to hold public consultations regarding these requests; and,
5) That
upon confirmation of the dissolution of the OMB, Town Development Services Commission
staff continue the process of establishing the local appeal body for decisions
of the Committee of Adjustment; and,
6) That the Town of Markham support the
request of the City of Mississauga to the MMAH for public consultations on
these requests, and advise the Minister of its support in writing and offer of
assistance to liaison with local stakeholders including business owners,
property owners, residents, and individuals and corporations working in land
use development and planning; and,
7) That should
during the MMAH and city-lead public consultations, it be determined that
municipal jurisdictions wish to remain subject to OMB hearings, then Markham
Council and other municipal jurisdictions by a majority vote, be granted the
option of removal from the OMB's purview; and,
8) That should
the MMAH not accede to the request to dissolve the OMB, in the alternative, the
Town of Markham would recommend that leave to appeal be required in all appeals
to the OMB. Such leave to appeal shall
be to a Master of the Superior Court of Ontario.
9. COMMUNICATIONS
Council
consented to add Communication No. 14-2012.
Moved by
Councillor Alex Chiu
Seconded by Councillor
Colin Campbell
That Council
receive and consent to the disposition of communications in the following
manner:
Referred to all Members of
Council
13-2012 2012
UNIONVILLE FESTIVAL - ROAD CLOSURE REQUEST (3.5)
- The following roads will be closed to facilitate the event: Info
FRIDAY,
JUNE 1, 2012 (5:00 p.m. to 12:00 midnight)
·
Main Street Unionville north from Concession Road to south of Carlton
Road
·
No access from Main Street Unionville east onto Carlton Road
·
No access from Main Street Unionville west onto Fred Varley and Carlton
Road
SATURDAY, JUNE 2,
2012 (7:00 a.m. to 7;30 p.m.)
·
Main Street Unionville north from Highway 7 to south of Bridle Trail
·
Fred Varley Drive west from Main Street to east of Fonthill Boulevard
·
Fred Varley Drive west of EJ Lennox Way east of plaza driveway - will
have limited access for residents
·
Carlton Road west of Wembley Avenue to Chamberry
·
No access from Main Street Unionville east onto Eckardt Avenue, Maple
Lane, Victoria Avenue and Carlton Road
·
No access from Main Street Unionville west onto Pavilion Street, Euclid,
Station Lane, Fred Varley, Main Street Lane (west) and Carlton Road (east & west)
·
No access from Main Street Unionville east onto Library Lane and Bridle
Trail
·
No access from Main Street Unionville west onto Toogood Pond Park
SATURDAY,
JUNE 2, 2012 (7:30 p.m. to 12:00 midnight)
·
Main Street Unionville north from Concession Road to south of Carlton
Road
·
No access from Main Street Unionville east onto Carlton Road
·
No access from Main Street Unionville west onto Fred Varley and Carlton
Road
SUNDAY, JUNE 3, 2012 (8:00 a.m. to 6:00 p.m.)
·
Main Street Unionville north from Concession Road to south of Carlton
Road
·
No access from Main Street Unionville east onto Carlton Road
·
No access from Main Street Unionville west onto Fred Varley and Carlton
Road
CARRIED
Referred to Commissioner of
Development Services
14-2012 ROBERT A
DRAGICEVIC, WALKER, NOTT, DRAGICEVIC ASSOCIATES LIMITED, ON BEHALF OF AGNANI HOMES
LIMITED (10.7 and 10.5) (10.7 and 10.5)
- Forwarding a letter dated March 20, 2012 to
provide comments with respect to the applications submitted by 1839314 Ontario
Limited (formerly Great Eldin Developments Ltd.), 9560 Highway 48, for draft
plan of subdivision and rezoning. Letter
(By-laws
2012-62 and 2012-63)
10. PROCLAMATIONS
(1) PROCLAMATION
AND FLAG RAISING REQUESTS
– FOR INFORMATION AND APPROVAL
(3.4)
Info
Moved by Councillor
Alan Ho
Seconded by Councillor
Howard Shore
1) That the following proclamations issued by the Town Clerk in
accordance with the Town of Markham Proclamation Policy be received for
information purposes:
- Red Cross
Month (March 2012)
- Girls Rights Week (April 30 to May 6, 2012)
- Pakistan National Day (March 23, 2012)
- Israel Independence Day (April 26, 2012); and,
2) That
the following requests for flag to be raised at the Anthony Roman Markham Civic
Centre flagpole approved by the Town
Clerk in accordance with the Town of Markham Community Flag Raisings
& Flag Protocol Policy be received
for information purposes:
- Red Cross flag
- Pakistan national flag
- Israel national flag; and further,
3) That the following new proclamations be approved and added
to the Five-Year Proclamations List approved by Council:
- Jewish Heritage Month (May 2012)
- Lali Vij Day (May 28, 2012).
CARRIED
Council consented to approve the proclamation of "Israel
Independence Day" for 2012 and to approve the flag of Israel to be raised
at the Anthony Roman Markham Civic Centre for the day.
11. NEW/OTHER BUSINESSES
(1) 2011
TOP BEST 50 MANAGED COMPANIES (12.2.6)
Council acknowledged
the three companies having offices located in the Town of Markham for winning the
2011 Top Best 50 Managed Companies Award. The names of the company are:
- Delcan
Corporation
- Mayhew
- Real Matters
Inc.
12. BY-LAWS
Moved by Regional
Councillor Gord Landon
Seconded by Councillor
Carolina Moretti
That Council
consider By-laws 2012-62 and 2012-63 regarding 1839314 Ontario Limited
(Formerly Great Eldin), 9560 Highway 48, immediately following the delegation
with respect thereto.
CARRIED
Moved by Councillor
Carolina Moretti
Seconded by Regional
Councillor Gord Landon
That By-laws
2012-62 and 2012-63 be given three readings and enacted.
CARRIED
Moved by
Councillor Alex Chiu
Seconded by Deputy
Mayor Jack Heath
That By-laws
2012-56 to 2012-58 and By-law 2012-60 be given three readings and enacted.
CARRIED
Moved by
Councillor Alex Chiu
Seconded by Deputy
Mayor Jack Heath
That By-law
2012-61 be given three readings and enacted.
CARRIED
(Councillor Valerie Burke abstained)
Three Readings
BY-LAW 2012-56 A BY-LAW TO AMEND PARKING BY-LAW 2005-188 (ADMINISTRATIVE
AMENDMENTS).
By-law
CARRIED
BY-LAW 2012-57 A BY-LAW TO AMEND SIGN BY-LAW 2002-94 (ADMINISTRATIVE
AMENDMENTS).
By-law
CARRIED
BY-LAW 2012-58 ROAD DEDICATION BY-LAW (ARBORETUM DRIVE AND RIVERLANDS AVENUE)
- A by-law to dedicate certain lands as part
of the highways of the Town of Markham (Block 100, Plan 65M-4093 - Arboretum
Drive and Block 84, Plan 65M-4257 - Riverlands Avenue)
By-law
CARRIED
BY-LAW 2012-60 WEED CONTROL ACT INSPECTORS APPOINTMENT BY-LAW
- A by-law to amend Municipal Law Enforcement
Officers Appointment By-law 2002-178.
By-law
CARRIED
BY-LAW 2012-61 INTERIM CONTROL BY-LAW FOR THORNLEA INDUSTRIAL AREA, THORNHILL
COMMUNITY
- A by-law to amend By-law 77-73, as amended.
(Item No. 1, Report No. 15, 2012)
By-law
CARRIED
(Councillor Valerie Burke abstained)
BY-LAW 2012-62 1839314 ONTARIO LIMITED (FORMERLY GREAT ELDIN), 9560 HIGHWAY
48, ZONING BY-LAW AMENDMENT APPLICATION (DELETING BY-LAW)
- A by-law to amend By-law 304-87, as
amended, 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 a townhouse
development and a public park. (Item No. 2, Report No. 63, 2011)
By-law
CARRIED
BY-LAW 2012-63 1839314 ONTARIO LIMITED (FORMERLY GREAT ELDIN), 9560 HIGHWAY
48, ZONING BY-LAW AMENDMENT APPLICATION (IMPLEMENTING BY-LAW)
- A by-law to amend By-law 177-96, as
amended, to permit a townhouse development and a public park. (Item No. 2,
Report No. 63, 2011)
By-law
CARRIED
Council
consented to not resolve into in-camera session and to report out the following
items, as proposed, at open Council session:
COUNCIL
IN-CAMERA MINUTES
(1) MINUTES OF IN-CAMERA COUNCIL MEETING
- FEBRUARY 28, 2012
[Section 239 (2) (g)]
GENERAL
COMMITTEE - March 19, 2012
(2) PERSONAL MATTERS ABOUT AN IDENTIFIABLE
INDIVIDUAL,
INCLUDING MUNICIPAL OR LOCAL
BOARD EMPLOYEES
– RESIGNATION OF A COMMITTEE
MEMBER
[Section 239 (2) (b)]
(3) A
PROPOSED OR PENDING ACQUISITION OR DISPOSITION OF LAND
BY THE MUNICIPALITY OR LOCAL BOARD
- IN WARD 1
[Section 239 (2) (c)]
(4) PERSONAL
MATTERS ABOUT AN IDENTIFIABLE INDIVIDUAL,
INCLUDING MUNICIPAL OR LOCAL BOARD EMPLOYEES
- FACILITY & PARK NAMING POLICY (5.0)
[Section 239 (2) (b)]
Council reported
out the items as follows:
COUNCIL
IN-CAMERA MINUTES
(1) MINUTES OF IN-CAMERA COUNCIL MEETING
- FEBRUARY 28, 2012 (16.0)
Moved by Deputy
Mayor Jack Heath
Seconded by Councillor
Alan Ho
1) That
the minutes of the in-camera Council meeting held on February 28, 2012 be
confirmed.
CARRIED
GENERAL
COMMITTEE - March 19, 2012
(2) BOARD AND COMMITTEE
RESIGNATIONS (16.24)
Moved by Deputy
Mayor Jack Heath
Seconded by Councillor
Alan Ho
1) That
the resignation of Deputy Mayor Jack Heath from the Public Realm Advisory
Committee be received with regret for information purposes.
CARRIED
(3) PROPOSED
ACQUISITION OF A PROPERTY IN WARD 1 (8.6)
Moved by Deputy
Mayor Jack Heath
Seconded by Councillor
Alan Ho
1) That
the confidential report dated January 6, 2012 from the Town Solicitor and
Acting Chief Administrative Officer regarding Proposed Acquisition of a
Property in Ward 1 be received;
2) That
staff be authorized to proceed as directed by Council on March 20, 2012.
CARRIED
(4) FACILITY
& PARK NAMING POLICY (5.0)
Moved by Deputy
Mayor Jack Heath
Seconded by Councillor
Alan Ho
1) That
the direction to staff with respect to the Facility & Park Naming Policy be
received; and,
2) That
staff be authorized to proceed as directed by Council on March 20, 2012.
CARRIED
14. CONFIRMATORY BY-LAW
Moved by
Councillor Alex Chiu
Seconded by Regional
Councillor Joe Li
That By-law 2012-59
be given three readings and enacted.
Three Readings
BY-LAW 2012-59 A BY-LAW TO CONFIRM THE PROCEEDINGS OF THE COUNCIL MEETING OF MARCH
20, 2012.
By-law
CARRIED
15. ADJOURNMENT
Moved by Councillor Alex Chiu
Seconded by Councillor
Logan Kanapathi
That the Council meeting be adjourned at 10:16 p. m.
_______________________________ _______________________________
KIMBERLEY
KITTERINGHAM FRANK
SCARPITTI
TOWN CLERK MAYOR
(Signed)