COUNCIL MINUTES
April
16, 2013, 7:00 p.m.
Council
Chamber, Anthony Roman Markham Civic Centre
Meeting No. 9
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
Catherine Conrad, City
Solicitor
Jim Baird, Commissioner of
Development Services
Trinela Cane, Commissioner
of Corporate Services
Brenda Librecz, Commissioner
of Community and Fire Services
Joel Lustig, Treasurer
John Wong, Technology
Support Specialist
Dennis Flaherty, Director of
Communications and Community Relations
Martha Pettit, Acting City
Clerk
Stephen Huycke, Acting
Deputy Clerk
Mark Visser, Senior Manager, Financial Strategy and Investments
Fred Rich, Senior Risk and Business Analyst
Mary Creighton, Director, Recreation Services
The regular
meeting of Council convened at 7:20 p.m. on April 16, 2013 in the Council
Chamber. Mayor Frank Scarpitti presided.
On behalf of Council, Mayor Frank Scarpitti
extended a warm welcome to the 7th Thornhill Scout Group attending
the Council meeting in order to earn their Voyager Badge. Mayor Frank Scarpitti noted Scouts Canada designated
April 13 to 21, 2013 as Good Turn Week.
Good Turn Week provides an opportunity to highlight the good work
scouting does for communities and it also inspires others to make time for
their own simple acts of kindness. Mayor Scarpitti encouraged all Canadians to perform at least one good turn for someone
else.
1. DISCLOSURE OF PECUNIARY INTEREST
(1) None
declared.
2. MINUTES
(1) COUNCIL MINUTES – MARCH 19, 2013
Minutes
Moved by
Councillor Alex Chiu
Seconded by Councillor
Valerie Burke
1) That
the Minutes of the Council Meeting held on March 19, 2013, be adopted.
CARRIED
3. PRESENTATIONS
There were no
presentations.
4. DELEGATIONS
(1) NICK
PILEGGI, MALONE GIVEN PARSONS (7.11)
– Addressed Council regarding
the item titled "Development Charges Update". Mr. Pileggi indicated he is pleased to see
the differentiation rates for small and large apartment units and expressed concern
about a no transition policy.
(See Item No. 1, Report No. 16 for Council's
decision on this matter)
(2) ANNETTE
CACOROVSKI (3.4, 7.0 and 16.0)
- Addressed Council regarding the items titled "Proclamation and
Flag Raising Requests", "Councillor Expenses" and "Minutes
of the March 25, 2013 Budget Sub-Committee - Celebrate Markham
Grants". She requested Council to
revisit the Proclamation and Flag Raising Policies, expressed objection to the
reimbursement of alcohol expenses in any capacity on the Councillor Expenses
Policy and spoke of her concerns for the March 25, 2013 Budget Sub-Committee
Minutes regarding the provision of in-kind services being provided to support
the Clarkson Cup.
(See Proclamation Item No. 1 for Council's
decision on this matter)
(See Item No. 1, Report No. 15 for Council's
decision on this matter)
(See Item No. 1, Report No. 16 for Council's
decision on this matter)
(3) KAREN
REA (7.11)
- Addressed Council regarding the item titled "Development Charges
Update" and indicated she does not support the differentiation rates for
small and large apartment units.
(See Item No. 1, Report No. 16 for Council's
decision on this matter)
Moved by
Councillor Alex Chiu
Seconded by Councillor
Carolina Moretti
That
Delegation Nos. 1 to 3 be received.
CARRIED
(4) JOHN
WANNOP, ON BEHALF OF CINDY DERYNCK (2.0)
- Address Council regarding the item titled
"Recommendation from the March 27, 2013 Licensing Committee Hearing"
and indicated support for the Licensing Committee Hearing's recommendation.
Council consented to suspend the
rules of procedure in order to hear the delegation of John Wannop before the
consideration of the matter titled "Recommendation from the March 27, 2013
Licensing Committee Hearing". A 2/3
vote of Council was requested & obtained.
(See New/Other Business Item No. 2 for Council's decision on this
matter)
5. PETITIONS
There were no
petitions.
6(A) REPORT NO. 15 - GENERAL COMMITTEE (April 3,
2013)
Moved by Councillor
Carolina Moretti
Seconded by Regional
Councillor Gord Landon
That Report
No. 15 – General Committee comprised of 1 item, as amended, be received and
adopted.
(1) COUNCILLOR
EXPENSES (7.0)
Presentation
Discussion on the matter ensued.
1) That
the presentation by Mr. Fred Rich, Senior Business & Risk Analyst entitled
“Councillor Expenses,” be received; and,
2) That
an additional $1,500.00 discretionary expense be approved; and,
3) That
smart phone costs (voice and data) remain a corporate expense; and,
4) That
Councillors with personal smart phone account/plans will be reimbursed in an
amount equivalent to the corporate plan & additional costs will become a
discretionary expense; and,
5) That
two newsletters per year per Ward Councillor remain as a corporate expense and
all other newsletters be considered as a discretionary expense; and,
6) That
the expenses related to Members of Council attending Association of
Municipalities Ontario (AMO) and/or Federation of Canadian Municipalities (FCM)
Conference(s) be considered as a non-discretionary expense. All other
conferences will be considered as a discretionary expense unless otherwise
pre-approved by Council; and,
7) That
business travel expenses for Members of Council align with the policy
requirements for Staff; and,
8) That
the current per diem practice for overnight stays be replaced with an
expenditure reimbursement; and,
9) That
the reimbursement of alcohol expenses be considered as an ineligible expense;
and,
10) That
Members of Council not be reimbursed for direct donations to individuals,
political, charitable, religious and community organizations; and further;
11) That
Staff be authorized and directed to do all things necessary to give effect to
this resolution.
CARRIED AS AMENDED
(See following for the adoption
of Resolution Nos. 1 to 11)
(See following motions which were
lost)
Council consented to
separate Resolution Nos. 1 to 11 for voting purposes as follows:
Resolution No. 1
Moved by Councillor Carolina Moretti
Seconded by Regional Councillor Gord Landon
That the following Resolution No. 1, as
proposed, be adopted.
"1) That the
presentation by Mr. Fred Rich, Senior Business & Risk Analyst entitled
“Councillor Expenses,” be received;"
CARRIED
Resolution No. 2
Moved by Councillor Alan Ho
Seconded by Deputy Mayor Jack Heath
That the following proposed
Resolution No. 2 be deleted in its entirety:
"2) That an additional $1,500.00
discretionary expense be approved for mileage only and be paid as incurred,
with the option of any additional mileage expenses above this allotment to be
paid out of the Councillor's discretionary account."
and replaced with the following amended Resolution No. 2:
"2) That an additional $1,500.00
discretionary expense be approved."
CARRIED
Moved by Councillor
Alan Ho
Seconded by Deputy Mayor Jack Heath
That
the following Resolution No. 2, as amended, be adopted:
"2) That an additional $1,500.00
discretionary expense be approved."
CARRIED AS AMENDED
Resolution
Nos. 3, 4, 5, 6 and 7
Moved by Councillor Carolina Moretti
Seconded by Regional Councillor Gord Landon
That the following Resolution Nos. 3, 4, 5, 6
and 7, as proposed, be adopted.
"3) That
smart phone costs (voice and data) remain a corporate expense; and,
4) That
Councillors with personal smart phone account/plans will be reimbursed in an
amount equivalent to the corporate plan & additional costs will become a
discretionary expense; and,
5) That
two newsletters per year per Ward Councillor remain as a corporate expense and
all other newsletters be considered as a discretionary expense; and,
6) That
the expenses related to Members of Council attending Association of
Municipalities Ontario (AMO) and/or Federation of Canadian Municipalities (FCM)
Conference(s) be considered as a non-discretionary expense. All other
conferences will be considered as a discretionary expense unless otherwise
pre-approved by Council; and,
7) That
business travel expenses for Members of Council align with the policy
requirements for Staff;"
CARRIED
Resolution
No. 8 carried by a recorded vote (8:5)
Council consented to amend the following proposed Resolution No. 8 by
deleting in its entirety:
"8) That
the current per diem practice be replaced with an expenditure
reimbursement."
and replace with the following amended Resolution No. 8:
"8) That the current per diem practice for
overnight stays be replaced with an expenditure reimbursement."
Moved by Councillor Carolina Moretti
Seconded by Regional Councillor Gord Landon
That the following Resolution No. 8, as
amended, be adopted:
"8) That the current per diem practice for
overnight stays be replaced with an expenditure reimbursement."
MOTION LOST
Moved by Regional Councillor Jim Jones
Seconded by Councillor Alex Chiu
That the per diem for overnight stays be set
at $100.00
MOTION LOST BY A RECORDED VOTE (7:6)
(See following recorded vote)
NAYS: Councillor
Valerie Burke, Councillor Howard Shore, Councillor Don Hamilton, Councillor
Carolina Moretti, Regional Councillor Joe Li, Deputy Mayor Jack Heath, Councillor
Logan Kanapathi. (7)
YEAS: Regional
Councillor Jim Jones, Mayor Frank Scarpitti,
Regional Councillor Gord Landon, Councillor Colin Campbell, Councillor
Alan Ho, Councillor Alex Chiu. (6)
Moved by Councillor Howard Shore
Seconded by Regional Councillor Gord Landon
That Council
suspend the rules of procedure to re-introduce the following Resolution No. 8,
as moved by Councillor Carolina Moretti and seconded by Regional Councillor
Gord Landon, which was lost when it was introduced earlier:
"8) That the current per diem practice for
overnight stays be replaced with an expenditure reimbursement."
CARRIED
(2/3 Vote was
requested & obtained)
Moved by Councillor Howard Shore
Seconded by Regional Councillor Gord Landon
That the following Resolution No. 8, as
amended, be adopted:
"8) That the current per diem practice for
overnight stays be replaced with an expenditure reimbursement."
CARRIED BY A RECORDED VOTE (8:5)
(See following recorded vote)
YEAS: Councillor
Valerie Burke, Councillor Howard Shore, Councillor Don Hamilton, Councillor
Carolina Moretti, Mayor Frank Scarpitti, Deputy Mayor Jack Heath, Regional
Councillor Gord Landon, Councillor Logan Kanapathi. (8)
NAYS: Regional
Councillor Joe Li, Regional Councillor Jim Jones, Councillor Colin Campbell, Councillor
Alan Ho, Councillor Alex Chiu. (5)
Resolution
No. 9 carried by a unanimous recorded vote (13:0)
Council consented to amend the following proposed Resolution No. 9 by
deleting in its entirety:
"9) That the reimbursement of alcohol
expenses for conventional business lunches, dinners, etc be considered as an
ineligible expense. Expenses for
alcoholic beverages will be reimbursed at certain Corporate hospitality,
business and trade mission events when authorized by the Mayor or his
designate."
and replace with the following amended Resolution No. 9:
"9) That the reimbursement of alcohol
expenses be considered as an ineligible expense."
Moved
by Deputy Mayor Jack Heath
Seconded
by Councillor Howard Shore
That
the following Resolution No. 9, as amended, be adopted:
"9) That the reimbursement of alcohol
expenses be considered as an ineligible expense."
CARRIED BY A UNANIMOUS RECORDED VOTE (13:0)
(See following recorded vote)
YEAS: Councillor Valerie Burke, Councillor
Howard Shore, Councillor Don Hamilton, Councillor Carolina Moretti, Regional
Councillor Joe Li, Regional Councillor Jim Jones, Mayor Frank Scarpitti, Deputy
Mayor Jack Heath, Regional Councillor Gord Landon, Councillor Colin Campbell, Councillor
Alan Ho, Councillor Logan Kanapathi, Councillor Alex Chiu.
Resolution
No. 10
Council consented to amend the following proposed Resolution No. 10 by
deleting in its entirety:
"10) That Members of Council not be reimbursed
for donations to individuals, political, charitable and community
organizations."
and replace with the following amended Resolution No. 10:
"10) That Members of Council not be reimbursed
for direct donations to individuals, political, charitable, religious and community
organizations."
Moved by Councillor Carolina Moretti
Seconded by Regional Councillor Gord Landon
That the following Resolution No. 10, as
amended, be adopted:
"10) That
Members of Council not be reimbursed for direct donations to individuals,
political, charitable, religious and community organizations."
CARRIED
Resolution
No. 11
Moved
by Councillor Carolina Moretti
Seconded
by Regional Councillor Gord Landon
That
the following Resolution No. 11, as proposed, be adopted.
"11) That Staff be
authorized and directed to do all things necessary to give effect to this
resolution."
Motion
which was lost – Referred the item back to staff
Moved by Councillor Don Hamilton
Seconded by Councillor Carolina Moretti
That the item on Councillor Expenses be referred to staff to bring forward
a report back to General Committee.
MOTION LOST
Motion
which was lost by a recorded (11:2) – Post expense receipts online
Moved
by Deputy Mayor Jack Heath
Seconded
by Regional Councillor Joe Li
That a copy of the detailed expense receipts
be posted online.
MOTION LOST BY A RECORDED VOTE (11:2)
(See following recorded vote)
NAYS: Councillor
Valerie Burke, Councillor Howard Shore, Councillor Don Hamilton, Councillor
Carolina Moretti, Regional Councillor Jim Jones, Mayor Frank Scarpitti, Regional
Councillor Gord Landon, Councillor Colin Campbell, Councillor Alan Ho, Councillor
Logan Kanapathi, Councillor Alex Chiu. (11)
YEAS: Regional Councillor Joe Li, Deputy
Mayor Jack Heath. (2)
6(B) REPORT NO. 16 - GENERAL COMMITTEE (April 8,
2013)
Council
consented to separate Item Nos. 1 and 2.
Moved by Councillor
Carolina Moretti
Seconded by Deputy
Mayor Jack Heath
That Report
No. 16 – General Committee comprised of 6 items be received and adopted, except
Item Nos. 1 and 2. (See following Item Nos. 1 and 2)
(1) DEVELOPMENT CHARGES
UPDATE (7.11)
Presentation
Moved by Councillor
Don Hamilton
Seconded by Regional
Councillor Jim Jones
1) That
the presentation by Mr. Craig Binning, Partner, Hemson Consulting and Mr. Mark
Visser, Senior Manager, Financial Strategy and Investments entitled
“Development Charges Update,” be received; and,
2) That
Council provide approval for staff to call a Development Charge Public Meeting
on May 13, 2013 as required by the Development Charges Act, 1997; and,
3) That
staff be directed to present differentiated rates for small and large apartment
units at the Public Meeting; and,
4) That
staff be directed to consider a no transition policy due to the adverse
financial impact to the City; and further,
5) That
Staff be authorized and directed to do all things necessary to give effect to
this resolution.
CARRIED
(See following motion which was
lost)
Moved by Regional Councillor Gord Landon
Seconded by Regional Councillor Joe Li
That the words "...differentiated rates..." contained in
Resolution No. 3 be replaced with the words "...uniform rates...".
MOTION
LOST BY A RECORDED VOTE (7:6)
(See
following recorded vote)
NAYS: Councillor
Howard Shore, Councillor Don Hamilton, Deputy Mayor Jack Heath, Councillor
Colin Campbell, Councillor Alan Ho, Councillor Logan Kanapathi, Councillor Alex
Chiu. (7)
YEAS: Councillor
Valerie Burke, Councillor Carolina Moretti, Regional Councillor Joe Li,
Regional Councillor Jim Jones, Mayor Frank Scarpitti, Regional Councillor Gord
Landon. (6)
(2) MINUTES
OF THE MARCH 25, 2013
BUDGET SUB-COMMITTEE
- CELEBRATE MARKHAM GRANTS (16.0)
Minutes
1) That the Minutes of the
March 25, 2013 Budget Sub-Committee - Celebrate Markham Grants be received for
information purposes; and,
2) That Council endorse the following
resolutions made at the March 25, 2013 Budget Sub-Committee - Celebrate Markham
Grants Meeting:
i) That $4,000 from the 2013 Celebrate Markham
Grant Program be allocated to the Tamil Heritage/ Thai Pongal/Tamil New Year’s
Celebration; and,
ii) That $5,000 from the 2013 Celebrate Markham
Grants Program be allocated to the Markham BIA, Unity Festival; and further,
iii) That the remaining 2013 Celebrate Markham
Grants be allocated as follows:
Senior’s Hall of Fame
|
$2,000
|
South Asian Heritage
Celebration
|
$3,000
|
Markham Village Music
Festival
|
$10,000
|
Markham Federation of
Filipino Canadians
|
$2,500
|
Unionville Festival
|
$10,000
|
Taste of Asia Festival
|
$15,000
|
Canada Day Celebrations
|
$44,775
|
Markham Rotary Ribfest
|
$6,000
|
Night-It-Up
|
$5,000
|
Thursday Night Summer
Music Series –Unionville Bandstand
|
$2,500
|
Doors Open Markham
|
$9,500
|
Markham Concert Band
|
$4,500
|
Markham Jazz Festival
|
$10,000
|
RBC Markham Milliken
Children’s Festival
|
$13,250
|
Remington Markham
International Sedan Chair Challenge
|
$1,500
|
Thornhill Village Festival
|
$10,000
|
Senior’s Extravaganza
|
$1,200
|
Markham Santa Claus Parade
|
$16,500
|
Unionville Old Tyme
Christmas Parade
|
$6,500
|
Markham Arts Council
|
$19,000
|
Tourism Markham
|
$5,000
|
Seniors Advisory Committee
|
$2,848
|
Seniors Clubs
|
$21,000
|
CARRIED
Council consented to replace the word
"Nigh-It-Up" with the word "Night-It-Up" and to replace the
words "Thornhill Festival" with the words "Thornhill Village
Festival" contained in the 2013 Celebrate Markham Grants List.
(3) 2013 UNIONVILLE
BUSINESS IMPROVEMENT AREA
AND MARKHAM VILLAGE BUSINESS IMPROVEMENT
AREA OPERATING BUDGETS (7.4)
Report Exhibit
I Exhibit
II Exhibit
III Exhibit
IV
1) That the report entitled “2013 Unionville Business Improvement Area
and Markham Village Business Improvement Area Operating Budgets” dated April 8,
2013 be received; and,
2) That
the 2013 Operating Budget in the amount of $236,016 for the Unionville Business
Improvement Area (UBIA) be approved; and,
3) That
the 2013 Operating Budget in the amount of $304,208 for the Markham Village
Business Improvement Area (MBIA) be approved; and,
4) That the Special Tax Rate levy, in the amount of $205,982 for the
UBIA members and $215,327 for the MBIA members be included in the 2013 Tax Levy
By-law; and further,
5) That Staff be authorized and directed to do all things necessary to
give effect to this resolution.
CARRIED
(4) ANNUAL FIELD AGREEMENT
–YORK REGION DISTRICT SCHOOL BOARD (6.4)
Report
1) That the report titled Annual Field Agreement- York Region District
School Board be received; and;
2) That the Commissioner of Community and Fire Services be authorized to
execute the Annual Field Agreement- York Region District School Board of
Education; and further
3) That
staff be directed to do all things necessary to give effect to this resolution.
CARRIED
(5) REELWORLD FILM FESTIVAL
- MARKHAM PARTNERSHIP (6.5)
Report
1) That the City of Markham support a partnership to host a REELWorld
Film Festival in 2014 in Markham; and,
2) That
Markham establish REELWorld Markham Advisory Committee to support the
development of the program in 2014; and,
3) That
the Culture Department provides regular status reports on progress; and
further,
4) That Staff be authorized and directed to do all things necessary to
give effect to this resolution.
CARRIED
(6) LUNCH PERIOD SCHOOL
CROSSING GUARD
SERVICE REVIEW (3.16)
Presentation Report Attachment
A
Attachment
B Attachment
C
1) That the report entitled “Lunch Period School Crossing Guard Service Review”, be received; and,
2) That the presentation entitled “Lunch Period School Crossing Guard
Service Review Update”, be received; and,
3) That lunch period school crossing guard services be discontinued at
21 locations, as identified in
Attachment “B”, as of June 30, 2013; and,
4) That the 2014 Operating Budget for school crossing guard services be
adjusted accordingly; and,
5) That staff notify all affected schools of the discontinued school
crossing guard services during the lunch period; and,
6) That
the schools being provided with lunch period crossing guard services with
minimal pedestrian activity consider the School Safety Patroller Program as an
alternative; and,
7) That all future requests for crossing
guard services be assessed using the “Ontario Traffic Council (OTC) School
Crossing Guard Guide”; and further,
8) That staff be authorized and directed to do all things necessary to
give effect to this resolution.
CARRIED
6(C) REPORT NO. 17 - DEVELOPMENT SERVICES
COMMITTEE (April 9, 2013)
Moved by Regional
Councillor Jim Jones
Seconded by Councillor
Don Hamilton
That Report
No. 17 – Development Services Committee comprised of 3 items be received and
adopted.
(1) DESIGN, CONSTRUCTION AND FINANCING
OF TWO PARKS IN CORNELL BY
WYKLAND ESTATES INC. (6.3)
Report
1) That
the report dated April 9, 2013 to Development Services Committee, entitled
“Design, Construction and Financing of Two Parks in Cornell by Wykland Estates
Inc.” be received; and,
2) That
Council approve the request by Wykland Estates Inc.to finance the cost of
design, construction, and contract administration of two parks identified as
Block 199 (0.186 ha / 0.461 ac) and Block 200 (0.45 ha / 1.11 ac) in draft plan
of subdivision 65M-4306, subject to the following conditions:
A. That
Wykland Estates Inc., finance the cost of the design, construction, and
contract administration of these two parks to a minimum value of $550,000.00
inclusive of all applicable taxes including HST; and,
B. That,
subject to compliance with these terms and conditions, the City of Markham
reimburse Wykland Estates Inc., up to a maximum of $550,000.00, towards this
project from development charges for park development under the understanding
that Wykland Estates Inc. may contribute additional funds above this amount
which will not be reimbursable by the City, towards the development of these
parks; and,
C. That
subsequent to collection of sufficient Development Charges for park development
at the building permit stage for residential lots within the Cornell Community,
the City shall reimburse Wykland Estates Inc., for invoices paid for approved
costs associated with the design, construction, and contract administration,
for park development. No interest on such invoices shall be payable by the
City. Reimbursement terms are as follows:
a. Wykland
Estates Inc. may only invoice the City for 80% of approved costs provided that:
i. at
least 45 days from the date of publication of Substantial Performance has
transpired;
ii. proof
of publication has been submitted with the invoice;
iii. no
liens have been registered in regard to this contract;
iv. the
constructed work has reached Total Completion to the City’s satisfaction after
which the two year warranty period shall begin;
v. the
landscape architect has issued to the City a Total Completion certificate.
b. the
remaining 20% of City approved costs shall be retained by the City for a
minimum of two years from Total Completion and shall be paid to the Developer
upon the Developer invoicing the City for the remaining 20%, provided the
following has occurred in the order listed here:
i. two
years has passed from the date of Total Completion;
ii. that
the two year warranty inspection has occurred with the City;
iii. that
all noted deficiencies at the two year warranty inspection have been completed
to the City’s satisfaction to the point of Final Completion;
iv. that
Final Acceptance has been granted by the City;
v. that
the landscape architect has issued a certificate certifying the warranty period
has expired and further that noted deficiencies have been completed in general
conformance to the plans and specifications;
vi. that
any liens registered in regard to the contract have been released and/or paid
by the Developer;
vii. and
further, that the two year maintenance obligations had been performed during
the warranty period, failing which, the City shall use the remaining funds at
its sole discretion to compensate for the unfulfilled obligations.
c. or
alternatively, Wykland Estates Inc. may invoice the City for 100% of approved
costs two years after the date of Total Completion provided items b, i through
vii, as listed above, have occurred to the City’s satisfaction; and,
D. That
Owners/Developers within the Cornell Community, including Wykland Estates Inc.
not receive any credit towards park development charges and continue to pay the
park development charge at the building permit stage for all present and future
development phases of this subdivision; and,
E. That
Wykland Estates Inc. hire a landscape architect who is a Full Member of the
OALA having custody and use of the Association seal, approved by the City , to
provide professional design, contract document, and contract administration
services, to the satisfaction of the City as outlined in Appendix ‘B’; and,
F. That
Wykland Estates Inc. follow the City’s standard Park Development Process which
includes development of several design concepts, holding community input
meetings, presentation to selected Standing and Advisory Committees as
applicable, as well as review and approval by the Planning and Urban Design
Department in consultation with the Parks Operations Department; and,
G. That
Wykland Estates Inc. competitively tender out the construction of the park
works to the satisfaction of the City including providing the City with a copy
of all bids submitted within 24 hours of tender close. The successful bidder
will be responsible to construct and maintain the park from the time park
construction is begun until Final Acceptance by the City; and,
H. That,
notwithstanding the requirement noted above in Condition (G), Wykland Estates
Inc. shall tender and award a maintenance contract for the park to City
standards. The maintenance contract for
the park must be tendered and awarded at the same time as the construction
contract and cover a minimum period of 2 years detailed maintenance as outlined
in Appendix ‘C’ (“Developer Obligations: Two Year Maintenance Activities”) to
the City’s satisfaction and that maintenance of the park shall continue until
Final Acceptance of the park. Costs for
the 2 year (minimum) maintenance contract are the responsibility of Wykland
Estates Inc. The City will not reimburse Wykland Estates Inc.for costs
associated with this additional maintenance obligation for the parks; and,
I. That
these parks be included in the Urban Design, Development Services Commission,
Capital Budget submission in 2014 identifying the total budget in the amount of
$599,500 which includes the amount to be reimbursed, the HST and the internal
charges; and further,
3) That
staff be authorized and directed to do all things necessary to give effect to
this resolution.
CARRIED
(2) RECOMMENDATION REPORT
BRIARWOOD HOMES (MARKHAM) LTD.
APPLICATIONS TO AMEND THE
SECONDARY PLAN
AND ZONING BY-LAW AND FOR SITE
PLAN APPROVAL
TO PERMIT A TOWNHOUSE
DEVELOPMENT
AT 2 HAVELOCK GATE
(OP 09 113033, ZA 09 113040
& SC 113042)
(10.3, 10.5 & 10.6)
Report
1) That
the correspondence and deputation by Debbie Wong on behalf of the Rouge
Fairways Residents' Association regarding the applications by Briarwood Homes
(Markham), be received; and,
2) That
the report dated March 19, 2013 titled “RECOMMENDATION REPORT, Briarwood Homes
(Markham) Ltd., Applications to amend the Secondary Plan and Zoning By-law and
for Site Plan Approval to permit a townhouse development at 2 Havelock Gate,
File Nos: OP 09 113033, ZA 09 113040 & SC 113042”, be received; and,
3) That
the record of the Public Meetings held on September 8th, 2009 and
February 1st, 2011 regarding the applications to amend the Rouge
North Secondary Plan (OP 09 113033) and to amend Zoning By-law 90-81, as
amended (ZA 09 113040), submitted by Briarwood Homes (Markham) Ltd, be
received; and,
4) That
the application (OP 09 113033) submitted by Briarwood Homes (Markham) Ltd. to
amend the Rouge North Secondary Plan (OPA 81), as amended, to permit a
townhouse development at 2 Havelock Gate, be approved, and the draft Secondary
Plan amendment attached as Appendix ‘C’ be finalized and adopted without
further notice; and,
5) That
the application (ZA 09 113040) submitted by Briarwood Homes (Markham) Ltd. to
amend Zoning By-law 90-81, as amended, to permit a townhouse development at 2
Havelock Gate, be approved, and the draft Zoning By-law amendment attached as
Appendix ‘D’ be finalized and enacted without further notice; and,
6) That
the Site Plan application (SC 09 113042) submitted by Briarwood Homes (Markham)
Ltd. to facilitate a townhouse development at 2 Havelock Gate be endorsed in
principle, subject to conditions attached as Appendix ‘A’; and,
7) That
Site Plan Approval (SC 09 113042) be delegated to the Director of Planning and
Urban Design or his designate, to be issued following execution of a site plan
agreement; and,
8) That
a restrictive covenant be incorporated to ensure the fencing along Havelock
Gate is of an appropriate material and a maximum of five feet in height; and,
9) That
Pre-2011 servicing allocation for 25 townhouses be assigned to the proposed
development; and,
10) That
the City reserves the right to revoke or reallocate the servicing allocation
should development not proceed in a timely manner; and further,
11) That
Staff be authorized and directed to do all things necessary to give effect to
this resolution.
(By-laws 2013-41
and 2013-42)
CARRIED
(3) DRAFT OFFICIAL PLAN 2012
PUBLIC CONSULTATION OVERVIEW
(10.0)
Report Figure
1 Appendix
A Appendix
B Appendix
C Appendix
D
1)
That the
following communications providing comments regarding the draft Official Plan
be received:
1. Matthew Cory, Malone Given Parsons Ltd.
2. Patricia A. Foran, Aird & Berlis
3. Alena Gotz, Aileen-Willowbrook
Ratepayers Association; and,
2) That
the deputations by Nick Pillegi on behalf of Times Group, and Alena Gotz on
behalf of Aileen-Willowbrook Ratepayers Association, regarding the draft
Official Pan be received; and,
3) That
the report entitled “Draft Official Plan 2012 – Public Consultation Overview”
dated March 19, 2013, be received; and further,
4) That the correspondence relating to the Draft Official Plan
attached in Appendix ‘C’ to this report, be received.
CARRIED
6(D) REPORT NO. 18 - DEVELOPMENT SERVICES PUBLIC
MEETING
(April 9, 2013)
Moved by Regional
Councillor Jim Jones
Seconded by Councillor
Don Hamilton
(1) PRELIMINARY REPORT
2271850 ONTARIO LIMITED
APPLICATIONS FOR ZONING BY-LAW
AMENDMENT
AND SITE PLAN APPROVAL TO
PERMIT
FIVE ADDITIONAL TOWNHOUSE UNITS
(TOTAL 24 UNITS) IN BLOCK 93,
PLAN 65M-4328
(ZA 12 129209 & SC 12
129209) (10.5, 10.6)
Report
1) That the Development Services Commission report dated
February 5, 2012 entitled “PRELIMINARY REPORT, 2271850 Ontario Limited,
Applications for Zoning By-law Amendment and Site Plan Approval to permit five
additional townhouse units (total 24 units) in Block 93, Plan 65M-4328” be
received; and,
2) That the record of the Public Meeting held on April 9, 2013
with respect to the proposed Zoning By-law Amendment by 2271850 Ontario
Limited, to permit five additional townhouse units (total 24 units) in Block
93, Plan 65M-4328 be received; and,
3) That the Zoning By-law Amendment (ZA 12 129209) by 2271850
Ontario Limited, to amend the Zoning By-law 177-96, as amended, be approved;
and further,
4) That the proposed amendment to the Zoning By-law 177-96, as
amended, be enacted without further notice.
CARRIED
Report
1) That
the report dated November 20, 2012, entitled “Preliminary Report, Wismer
Commons Developers Group, Application for Zoning By-law Amendment to permit
residential uses, North of Fred Mclaren Blvd., south of Hammersly Blvd., west
of Roy Rainey Ave, File Number:
ZA.12-113883”, be received; and,
2) That
the record of the Public Meeting held on April 9th, 2013, with
respect to the proposed amendment to the Zoning By-law be received; and,
3) That
the application by Wismer Commons Developers Group to amend the City’s by-law
177-96, as amended, by approved; and,
4) That
the proposed amendment to the City’s Zoning By-law 177-96, as amended, be
enacted without further notice; and,
5) That
upon approval of the Wismer Commons Developers Group application, the lands
described as Parts 2, 3, 4 and 5, Plan 65 R-29152 be declared surplus to City
purposes pursuant to By-law178-96 and conveyed to the Wismer Commons Developers
Group in accordance with the Consent and Release Agreement dated July 30, 2003
between the City and the Wismer Markham Developments Inc and Lazo Mikijelj
(Trustee of the Wismer Commns Developers Group); and further,
6) That
servicing allocation for 4 single detached units (14.8 population) be granted
to the Wismer Commons Developers Group from the total allocation from the
Wismer Commons Secondary Plan, assigned in accordance with the June 26, 2012
Servicing Allocation Report.
CARRIED
7. MOTIONS
There were no
motions.
8. NOTICES OF MOTIONS
There were no
notices of motions.
9. COMMUNICATIONS
Moved by
Councillor Alex Chiu
Seconded by Deputy
Mayor Jack Heath
That Council
receive and consent to the disposition of communications in the following
manner:
Received
14-2013 ONTARIO
MUNICIPAL BOARD DECISION – FUNG LOY KOK INSTITUTE OF TAOISM, 378 STEELES AVENUE
EAST (13.13)
Letters
Summary from the City Solicitor:
On June 26, 2012, the Ontario
Municipal Board issued a decision allowing an appeal by Fung Loy Kok Institute
(“FLKI”) respecting its property located at 378 Steeles Avenue East. The property is designated Urban Residential –
Low Density Housing by the Thornhill Secondary Plan and was zoned Single Family
Special Residential Third Density (SR3) under Zoning By-law 1767.
FLKI appealed both Council’s
refusal to enact a proposed amendment to Zoning By-law 1767 to permit a place
of worship and appropriate accessory uses, and Council's failure to make a
decision with respect to its application for Site Plan Approval.
In the
decision, the Board member noted that one of the
primary arguments against the proposal was incompatibility with the surrounding neighbourhood, and that this argument seemed be
based on the fact that there are no other cantilevered buildings in this area. The Board member also made reference to the
fact that although the proposal had been completely redesigned by the applicant
to address the community’s concerns, the same concerns that were raised with original proposal were repeated at the
hearing. The Board held that the
proposal was compatible:
“...
uniqueness and innovative design does not equal incompatibility. The subject property is located within a mixed
use corridor on the periphery of a residential neighbourhood. ... The height, massing and footprint of the
proposed building are similar to that of the existing structure and many other
residential dwellings in this area. The evidence before the Board was
that if this structure were to be used a residential dwelling the only approval
that would be required is a minor variance for building length...
The
Board is satisfied that the proposal is sensitive to the surrounding
neighbourhood and will not result in the creation of unacceptable impacts. The building has been designed in a tasteful
manner which is considerate of the abutting properties and the neighbourhood as
a whole. Places of worship are commonly
located in residential areas and have long been considered an acceptable
component of a residential neighbourhood.”
The Board member referenced
the fact that Council had rejected the Staff recommendation to approve the
application and denied the proposed Zoning By-law Amendment (ZBA) on October 4,
2011, without issuing any reasons for the refusal. The Board found that the
proposal was reasonable and appropriate:
“The Board is satisfied that the
intent and purpose of the locational criteria is being met. Both Town and City of Toronto transportation
experts have evaluated the site and concluded that the location is satisfactory
from a traffic functioning perspective. The traffic impact is benign, the access onto
Steeles Avenue is satisfactory, and a second access is neither warranted nor
desirable. Accordingly, the intent of
the policy is satisfied, and a formal OPA is not required.”
The Board allowed the appeal,
amending the Zoning By-law (ZBL) and approving the site plan.
(By-law No. 2013-39 approved by OMB)
CARRIED
15-2013 MINUTES OF
COUNCIL WORKSHOP DATED MARCH 25, 2013 REGARDING RECREATION, CULTURE, PARKS AND
LIBRARY PRICING STRATEGY. (16.0)
Minutes
CARRIED
Referred to all Members of
Council
16-2013 ROAD CLOSURE
REQUEST – MARKHAM STOUFFVILLE HOSPITAL BED RACE (3.5)
Info
The
following roads will be closed on June 23, 2013 from 12:00 noon to 4:00 p.m. to
facilitate the event:
1. Unionville Main Street from north of Station Lane to south of Carlton Rd
2. No
access from Main Street Unionville west onto
- Fred Varley Drive
3. No
access from Main Street Unionville east onto
- Victoria Avenue
- Concession Rd (Bypass)
CARRIED
17-2013 ROAD CLOSURE
REQUEST – CANADA DAY IN UNIONVILLE (3.5)
Info
The following roads will be closed on July 1, 2013 from 9:00 a.m. to
6:00 p.m. to facilitate the event:
- Unionville Main Street
south of Carlton Rd
- Fred Varley Drive west of Main
Street
- Concession Road & Main
Street Unionville
- Victoria Avenue
- Main Street Unionville just
north of Station Lane
CARRIED
18-2013 SPECIAL OCCASION
LIQUOR PERMIT APPLICATION – UNIONVILLE VILLAGE FESTIVAL (3.21) (Ward 3)
Letter
- Requesting an approval from
the City of Markham to designate the Unionville Village Festival being held on
June 1 and 2, 2013 as an event of "Municipal Significance". The City's designation is a requirement of
the Alcohol and Gaming Commission of Ontario (AGCO) to support the Unionville
Village Festival Committee's application of a Special Occasion Liquor Permit to
be utilized on June 1, 2013, 12:00 noon to 8:00 p.m., Crosby Park, 210 Main
Street Unionville.
CARRIED
19-2013 LIQUOR LICENCE
APPLICATION FOR ROLLING POT, 7077 KENNEDY ROAD, UNIT 111 (WARD 8) (3.21)
Info
-
Forwarding a request for the City of Markham to complete the Municipal
Information Form.
(Change of
ownership and application of a liquor licence for indoor areas previously
licenced).
CARRIED
20-2013 LIQUOR LICENCE
APPLICATION FOR PRESIDENT'S CHOICE COOKING SCHOOL, 200 BULLOCK DRIVE (WARD 4)
(3.21)
Info
-
Forwarding a request for the City of Markham to complete the Municipal
Information Form.
(Existing
premises and application of a new liquor licence for indoor areas).
CARRIED
21-2013 LIQUOR LICENCE
APPLICATION FOR NINO DAVERSA BAKERY PANE & DOLCE INC., 7287 YONGE STREET (WARD
1) (3.21)
Info
-
Forwarding a request for the City of Markham to complete the Municipal
Information Form.
(Existing
premises and expansion of existing liquor licence for indoor and outdoor areas).
CARRIED
22-2013 LINCOLN M.
ALEXANDER AWARD TO HONOUR YOUNG ONTARIANS (13.2)
Letter
-
Minister of Citizenship and Immigration - Calling nominations for the 2013
Lincoln M. Alexander Award to honour young Ontarians who have demonstrated
exemplary leadership in contributing to the elimination of racial
discrimination. The deadline for nominations is May 31, 2013.
CARRIED
Referred to the Treasurer
23-2013 COMMUNICATION
REGARDING THE ITEM TITLED "DEVELOPMENT CHARGES UPDATE" (7.11)
(Item
No. 1, Report No. 16)
Letter
- Danielle Chin, Senior Planner, Policy & Government Relations,
Building Industry and Land Development Association (BILD), providing comments.
CARRIED
Received
24-2013 COMMUNICATION
REGARDING THE ITEM TITLED "COUNCILLOR EXPENSES" (7.0)
Email
- Karen Rea and Donna Bush providing
comments.
CARRIED
10. PROCLAMATIONS
(1) PROCLAMATION
AND FLAG RAISING REQUESTS (3.4)
Info
Moved by
Councillor Alex Chiu
Seconded by Councillor
Alan Ho
1) That the following proclamations issued by the City Clerk in
accordance with the City of Markham Proclamation Policy be received for
information purposes:
- National
Volunteer Week (April 21 to 27, 2013)
- Be Kind To Animals Week (May 5 to 11, 2013);
2) That the following new request for proclamation be approved:
- Pan Am/Parapan Am Day (July 10, 2013);
3) That the following new request for flag
to be raised at the Anthony Roman Markham Civic Centre flagpole be approved:
- Toronto 2015 Pan American Games Flag (July
10, 2013).
CARRIED
11. NEW/OTHER BUSINESS
(1) 1473092
ONTARIO LIMITED (METRUS DEVELOPMENT INC.)
SOUTH OF DONALD COUSENS
PARKWAY, EAST OF COUNTRY
GLEN ROAD AND NORTH OF BUR OAK
AVENUE
CORNELL COMMUNITY
FILE NUMBER: ZA 13-110404
(10.5)
Memo
Moved by Regional
Councillor Gord Landon
Seconded by Councillor
Howard Shore
1) That the memorandum
from the Commissioner of Development Services titled "1473092 Ontario
Limited (Metrus Development Inc.), south of Donald Cousens Parkway, east of
Country Glen Road and north of Bur Oak Avenue, Cornell Community, File Number:
ZA 13-110404" be received; and,
2) That servicing allocation for 48 single
detached units (177.6 population) and 28 semi-detached units (84.56 population)
be granted to subdivision 19TM-01015 from the total allocation to the Cornell
Secondary Plan area, assigned in accordance with the June 26, 2012 Servicing
Allocation Update Report.
(By-law 2013-40)
CARRIED
(2) RECOMMENDATION
FROM THE MARCH 27, 2013
LICENSING COMMITTEE HEARING
(2.0)
Discussion on
the matter ensued.
Moved by Regional
Councillor Jim Jones
Seconded by Councillor
Colin Campbell
1) That the following
recommendation of the Licensing Committee from the Hearing held on March 27,
2013 be approved and adopted:
"1. That the application to remove a Black Walnut tree at 10
Albert Street, Markham, be approved, with the following conditions:
a)
That the applicants provide for six replacement
trees, in a size and native species deemed appropriate by staff, within 2013;
and with a two year warranty to be monitored by staff;
b)
That at least two of the replacement trees be
placed on the applicant’s property, at a location of their choice; and trees
not located on 10 or 12 Albert Street be subject to the standard cash-in-lieu
$500 fee per tree; and,
2. That the
recommendations are based on the unique characteristics of this case only and
are neither intended to be precedent setting nor to be used as a basis for
future cases."
CARRIED
Council consented to
replace words "...four replacement trees..." with the words
"...six replacement trees..." contained in Section 1 a).
(3) TRANSITION
OF THORNLEA POOL AND GYMNASIUM OPERATION
TO THE CITY OF MARKHAM (6.0)
Report
Andy
Taylor, Chief Administrative Officer provided background information on the
report. A detailed discussion on the
matter ensued.
Moved by Regional
Councillor Jim Jones
Seconded by Councillor
Howard Shore
1) That
the report “Transition of Thornlea Pool and Gymnasium Operation to the City of
Markham” be received; and
2) That
the City of Markham enter into a new agreement with York Region District School
Board (YRDSB) based on the principles
outlined in this report effective July 1,2013 to change roles of both parties
related to the operation of the Thornlea Pool and Gymnasium; and
3) That
a net additional $50,000 be added to the
2014 Operating budget for the Thornlea Pool and Gymnasium operation, bringing
the total additional budget for operation and programming to $100,000 per year
($50,000 included in 2013 operating budget) for an additional 1,800 hours of
community access, bringing the total 2014 Operating budget to $490,715; and
4) Staff
will report back on the operational model including staffing for the Thornlea
Pool and Gymnasium; and
5) That
the City agrees to receive from the YRDSB a one-time fee of $150,000, paid upon
commencement of the new agreement, in recognition of the financial situation
Markham inherits by assuming capital repair and replacements of the facility;
and
6) That
the Mayor and City Clerk be authorized to sign a new Agreement with the York
Region District School Board – Thornlea Pool and Gymnasium subject to the
satisfaction of the Chief Administrative Officer, the City Solicitor and the
Commissioner of Community and Fire Services; and further,
7) That
Staff be authorized and directed to do all things necessary to give effect to
this resolution.
CARRIED
12. BY-LAWS
Moved by
Councillor Alex Chiu
Seconded by Councillor
Valerie Burke
That By-laws 2013-40
to 2013-42, 2013-44 and 2013-45 be given three readings and enacted.
Three Readings
BY-LAW 2013-39 FUNG LOY KOK INSTITUTE OF TAOISM, 378 STEELES AVENUE EAST,
ONTARIO MUNICIPAL BOARD (OMB) APPROVED ZONING AMENDMENT
By-law
(By-law 2013-39 approved by OMB - For information only to facilitate
the assignment of a by-law number)
(See Communication No. 14-2013)
CARRIED
BY-LAW 2013-40 1473092 ONTARIO LTD (METRUS DEVELOPMENT INC.), HOLD REMOVAL
BY-LAW, PART OF LOTS 16 AND 17, CONCESSION 9, PLAN 65M-4362
By-law
- A by-law to amend By-law 177-96, as amended, to permit the
development of single detached and semi-detached units.
(New/Other Business Item No. 1)
CARRIED
BY-LAW 2013-41 BRIARWOOD HOMES (MARKHAM) LTD., 2 HAVELOCK GATE, OFFICIAL PLAN
AMENDMENT
By-law
- A by-law to adopt an Official Plan
Amendment No. 206, to permit a residential development.
(Item No. 2, Report No. 17)
CARRIED
BY-LAW 2013-42 BRIARWOOD HOMES (MARKHAM) LTD., 2 HAVELOCK GATE, ZONING BY-LAW
AMENDMENT
By-law
- A by-law to amend By-law 90-81, as amended,
to permit a residential development.
(Item No. 2, Report No. 17)
CARRIED
BY-LAW 2013-44 2145312 ONTARIO INC., 1 STEELCASE ROAD WEST, OFFICIAL PLAN
AMENDMENT
By-law
- A by-law to adopt an Official Plan
Amendment No. 207, to permit a mixed use commercial/office development.
CARRIED
BY-LAW 2013-45 2145312 ONTARIO INC., 1 STEELCASE ROAD WEST, IMPLEMENTING
ZONING BY-LAW
By-law
- A by-law to amend By-law 108-81, as
amended, to permit a mixed use commercial/office development.
CARRIED
13. IN-CAMERA ITEMS
Council
consented to not resolve into in-camera session and to report out the following
items, as proposed, at open Council session:
COUNCIL
– April 16, 2013
(1) MINUTES OF IN-CAMERA COUNCIL MEETING
- MARCH 19, 2013 (16.0)
[Section 239 (2) (b) (c) (d) (e) (f)]
GENERAL
COMMITTEE – March 4, 2013
(2) ADVICE THAT IS SUBJECT TO
SOLICITOR-CLIENT PRIVILEGE INCLUDING COMMUNICATIONS NECESSARY FOR THAT PURPOSE (13.2)
[Section 239 (2) (f)]
Council
reported out the items as follows:
(1) MINUTES OF IN-CAMERA COUNCIL MEETING
- MARCH 19, 2013 (16.0)
Moved by Deputy
Mayor Jack Heath
Seconded by
Councillor Alex Chiu
1) That the Council
In-camera Minutes dated March 19, 2013 be confirmed.
(2) CLOSED MEETING INVESTIGATOR REPORT
(13.2)
Report
Moved by Deputy
Mayor Jack Heath
Seconded by
Councillor Alex Chiu
1) That the confidential memorandum dated April
15, 2013 from the City Solicitor and Acting City Clerk be received; and,
2) That the report from
Amberley Gavel Ltd., City of Markham Closed Meeting Investigator, regarding a complaint relating
to a closed session meeting of the Development Services Committee held on
January 24, 2012 be
released in its entirety; and further,
3) That
Staff be authorized and directed to do all things necessary to give effect to
this resolution.
14. CONFIRMATORY BY-LAW
Moved by
Councillor Alex Chiu
Seconded by Councillor
Valerie Burke
That By-law 2013-43
be given three readings and enacted.
Three Readings
BY-LAW 2013-43 A BY-LAW TO CONFIRM THE PROCEEDINGS OF THE COUNCIL MEETING OF
APRIL 16, 2013.
By-law
CARRIED
15. ADJOURNMENT
Moved by Councillor
Alex Chiu
Seconded by Councillor
Logan Kanapathi
That the Council Meeting be adjourned at 10:25 p.m.
CARRIED
_______________________________ _______________________________
MARTHA PETTIT FRANK
SCARPITTI
ACTING CITY CLERK MAYOR
(Signed)