COUNCIL MINUTES
May
15, 2012, 7:00 p.m.
Council
Chamber, Anthony Roman Markham Civic Centre
Meeting No. 10
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
Brenda Librecz, Commissioner
of Community and Fire Services
Catherine Conrad, Town
Solicitor
Alida Tari, Deputy Town
Clerk
Kitty Bavington, Council/Committee
Coordinator
Nasir Kenea, Chief
Information Officer
Bill Snowball, Fire Chief
Sharon Laing, Director,
Human Resources
Joel Lustig, Treasurer
Dennis
Flaherty, Director, Communications & Community Relations
Bill Wiles,
Manager of By-law Enforcement and Licensing
John Wong, Technology
Support Specialist
The meeting of
Council convened at 7:02 p.m. on May 15, 2012 in the Council Chamber. Mayor Frank Scarpitti presided.
1. DISCLOSURE OF PECUNIARY INTEREST
(1) None
declared.
2. MINUTES
(1) COUNCIL MINUTES
- APRIL 26 AND MAY 1, 2012
April
26 May
1
Moved by
Councillor Alex Chiu
Seconded by Councillor
Valerie Burke
1) That the Minutes of the
Council Meetings held on April 26 and May 1, 2012, be adopted.
CARRIED
3. PRESENTATIONS
There were no
presentations.
4. DELEGATIONS
There were no
delegations.
5. PETITIONS
There were no
petitions.
6(a) REPORT NO. 28 - GENERAL COMMITTEE (May 7,
2012)
Moved by Councillor
Carolina Moretti
Seconded by Regional
Councillor Jim Jones
That Report
No. 28 – General Committee comprised of 5 items be received and adopted.
(1) 2012
TAX RATES AND LEVY BYLAW (7.3)
Report
1) That
a by-law to provide for the levy and collection of property taxes totalling $536,674,466 required by
the Town of Markham, Regional Municipality of York, Boards of Education and
Business Improvement Areas in a form substantially similar to the attached
Appendix and satisfactory to the Town Solicitor and to provide for the mailing
of notices requesting payment of taxes for the year 2012, as set out as
follows, be approved;
Town of Markham:
|
$116,830,026
|
Region of York:
|
$228,459,421
|
School Boards:
|
$190,970,192
|
Old Markham BIA:
|
$215,327
|
Unionville BIA:
|
$199,500
|
Total
|
$536,674,466
|
2) That
staff be authorized and directed to do all things necessary to give effect to
this resolution.
(By-law 2012-100)
CARRIED
(2) BUTTONFIELD
ROAD PROPOSED
PARKING PROHIBITION (5.12.4)
Report
1) That the staff report entitled “Buttonfield Road Proposed Parking Prohibition”, be received; and,
2) That
Schedule “C” of Traffic By-law 2005-188, be amended by including the east side
of Buttonfield Road, between 16th Avenue and a point 30 metres south
of Cavalry Trail; and,
3) That Schedule “C” of Traffic By-law 2005-188, be amended by
including the west side of Buttonfield Road, between 16th Avenue and
a point 55 meters south of 16th Avenue; and,
4) That the Operations Department be directed to install the
appropriate signs at the subject
locations, funded through the Operations Department account #
083-5399-8402-005; and,
5) That the Operations Department be directed to maintain the
signs at the subject locations; and,
6) That the Parking Control Department be directed to enforce
the parking prohibition upon approval of the By-law amendment and installation
of the signs; and further,
7) That staff be authorized and directed to do all things
necessary to give effect to this resolution.
(By-law 2012-101)
CARRIED
(3) PROPOSED
ALL-WAY STOP CONTROL
AND SPEED LIMIT REDUCTION AT
CORNELL
CENTRE BOULEVARD & WHITE’S
HILL AVENUE (5.12.2)
Report
1) That the report entitled “Proposed All-way Stop
Control and Speed Limit Reduction at Cornell Centre Boulevard & White’s
Hill Avenue”, be received; and,
2) That Schedule “B”(60 km/h) of Speed
By-law No. 105-71 be amended by removing Markham Road By-pass, between 9th
Line to a point 100 metres north of Highway 7; and,
3) That Schedule “D”(70 km/h) of Speed
By-law No. 105-71 be amended by removing Markham Road By-pass, between 9th
Line to a point 100 metres north of Highway 7; and,
4) That Schedule “F” (50 km/h) of Speed
By-law No. 105-71 be amended to include Cornell Centre Boulevard, between
Highway 7 and 16th Avenue; and,
5) That Schedule 12 (Compulsory Stops) of
Traffic By-law 106-71 be amended to include the intersection of Cornell Centre
Boulevard & White’s Hill Boulevard; and,
6) That the Operations Department be
directed to install the appropriate signs and pavement markings at the subject
locations, funded through the Operations Department account #
083-5399-8402-005; and,
7) That the Operations Department be
directed to maintain the signs at the subject locations; and,
8) That York Region Police be requested to
enforce the posted speed limit and all-way stop control upon installation of
these signs and passing of the By-law; and further,
9) That staff be authorized and directed
to do all things necessary to give effect to this resolution.
(By-laws 2012-102 and 2012-103)
CARRIED
(4) LANGSTAFF
ROAD RAILWAY CROSSING
WARNING SYSTEM MODIFICATION
AGREEMENT (5.13)
Report
1) That
the staff report entitled Langstaff Road Railway Crossing Warning System
Modification Agreement, be received; and,
2) That
the Mayor and Clerk be authorized to execute the Standard Funded Crossing
Warning System Modification Agreement between Canadian National Railway and the
Town of Markham based on the principles set out in the draft Agreement
(Attachment ‘A’), for the construction and future maintenance of the Langstaff
Road railway crossing warning system. Said agreement to be in a form
satisfactory to the Town Solicitor and Commissioner of Community and Fire Services;
and,
3) That
upon execution of the Agreement, the Commissioner of Community and Fire
Services be authorized to issue payment to Canadian National Railway (CN) for
the Town of Markham’s portion of funding for the installation of the CN railway
warning system upgrade at Langstaff Road and funded as per Financial
Considerations; and further,
4) That
Staff be authorized and directed to do all things necessary to give effect to
this resolution.
CARRIED
(5) MARKHAM
PUBLIC ART POLICIES (6.5)
Report Attachment
A Attachment
B
1) That
the staff report titled Markham Public Art Policies be received; and,
2) That
the Public Art Policy – Markham Municipal Projects attached as Appendix A be
approved; and,
3) That
Council approve an allocation of up to one percent of construction cost of new
municipal construction budgets and municipal renovation projects over one
million dollars for the purpose of public art; including but not limited to new
buildings, parks and open spaces, major street reconstruction/streetscape
projects, new or major upgrades to bridges, fences, walls and barriers; and,
4) That the Public Art Policy - Private
Sector, attached as Appendix B, be approved to encourage a contribution of up
to one percent of new residential and non-residential construction projects
from the private sector for Public Art; and,
5) That Council approve the creation of a
Public Art Acquisition Reserve Fund that will receive cash contributions and
fund projects in accordance with Markham Public Art Policies as identified and
approved; and,
6) That
Culture staff report back to Council annually on the activities in the fund;
and,
7) That
the cost to sustain the public art program be brought forward annually for
inclusion during the capital budget process; and,
8) That the Public Art Policy – for both
the voluntary Private Sector and the Municipal Projects be reviewed in three
years with a report back to Council on outcomes of the program; and further,
9) That staff be authorized and directed to do all things necessary to give
effect to these resolutions.
CARRIED
6(b) REPORT NO. 29 - DEVELOPMENT SERVICES
COMMITTEE (May 1, 2012)
Moved by Regional
Councillor Jim Jones
Seconded by Councillor
Don Hamilton
That Report
No. 29 – Development Services Committee comprised of 1 item be received and
adopted.
(1) MARKHAM
EAST TORONTO RAIL
ONTARIO-EXPRESS ALL DAY TRAIN SERVICE
(5.14)
Presentation
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. The Stouffville Go Line should be considered for
electrification in its entirety; and,
Whereas the Stouffville Rail Corridor Environmental Assessment process
allows opportunities to consider alternative technologies. 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
Ontario-Express
(I-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,
Eglinton-Crosstown, and Bloor-Danforth Subway, and Lakeshore East GO; and,
Whereas the I-METRO-E would stimulate transit dependant development
(TDD) and redevelopment along I-METRO-E 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 I-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 the presentation by Regional Councillor Jim Jones, and
the “I-METRO-E” document regarding the proposed Markham East Toronto Rail
Ontario-Express All Day Train Service be received; and,
2) That
the deputation by Kevin Egan, with comments regarding the proposed Markham East
Toronto Rail Ontario-Express All
Day Train Service be received; and,
3) That
a steering committee co-chaired by Markham Regional Councillor Jim Jones and a
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,
4) 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
I-METRO-E concept; and,
5) 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
I-METRO-E concept, and the associated transportation, land use planning and
economic development benefits; and,
6) 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 I-METRO-E concept and
Maglev/Electric/DEMU 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 further,
7) 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 of Toronto, the Toronto Transit Commission,
Metrolinx, York Region and York Rapid Transit Corporation.
CARRIED
6(c) REPORT NO. 30 - DEVELOPMENT SERVICES
COMMITTEE (May 8, 2012)
Moved by Regional
Councillor Jim Jones
Seconded by Councillor
Don Hamilton
That Report
No. 30 – Development Services Committee comprised of 3 items be received and
adopted.
(1) INTENTION TO DESIGNATE A PROPERTY UNDER
PART IV OF THE ONTARIO
HERITAGE ACT
HIRAM POWERS HOUSE
4802 HIGHWAY 7 (16.11.3)
Report
1) That
correspondence from John T. McGovern, representing the owner, dated May 8,
2012, in support of the staff recommendation, be received; and,
2) That
as recommended by Heritage Markham, the Hiram Powers House – 4802 Highway 7, be
approved for designation under Part IV of the Ontario Heritage Act as a
property of cultural heritage value or interest; and,
3) That the
Clerk’s Department be authorized to publish and serve Council’s Notice of
Intention to Designate as per the requirements of the Ontario Heritage Act;
and,
4) That
if there are no objections to the designation in accordance with the provisions
of the Ontario Heritage Act, the Clerk be authorized to place a
designation by-law before Council for adoption; and,
5) That
if there are any objections in accordance with the provisions of the Ontario
Heritage Act, the Clerk be directed to refer the proposed designation to
the Ontario Conservation Review Board; and further,
6) That
Staff be authorized and directed to do all things necessary to give effect to
this resolution.
CARRIED
(2) AMBER PLAIN INVESTMENTS LTD.
APPLICATIONS FOR DRAFT PLAN OF
SUBDIVISION
AND ZONING BY-LAW AMENDMENT
5443, 5521, AND 5565 MAJOR
MACKENZIE DRIVE
(SU.11-120547 AND
ZA.11-120546) (10.7, 10.5)
Report Figures Appendix
A and B
1) That
the report dated May 08, 2012, entitled “Recommendation Report, Amber Plain
Investments Ltd., Applications for Draft Plan of Subdivision Approval and
Zoning By-law Amendment, 5443, 5521 and 5565 Major Mackenzie Drive East, File
Nos.: SU.11-120547 and ZA.11-120546”, be received; and,
2) That
the record of the Public Meeting held on January 17, 2012, regarding the
applications for approval of Draft Plan of Subdivision and implementing Zoning
By-law be received; and,
3) That
the Mayor and Clerk be authorized to enter into a No Presale Agreement with the
Owner of Plan 19TM-11002 which agreement shall be registered on title,
committing the Owner to:
Not enter into any agreements of purchase and
sale with end users for the lands (residential unit purchasers), until such time as:
a. the
Town of Markham approves a transfer of servicing allocation to this development
that is not dependent upon the construction of infrastructure;
or,
b. i. to the
expected completion of the Southeast Collector Trunk Sewer and,
ii. The Council of the Town of Markham has allocated adequate available
water supply and sewage servicing capacity to the subject development;
or,
c. the Regional Commissioner of Environmental Services confirms servicing
capacity for this development by a suitable alternative method and the Town of
Markham allocates the capacity to this development;
AND
Not enter
into any agreements of purchase and sale with non end users for the
subject lands unless the agreement of purchase and sale contains a condition
that requires the purchaser and any subsequent purchasers to enter into a
separate agreement with the Town of Markham, which agreement shall be
registered on title, committing the new Owner to the same terms as set out in
items a, b and c above; and,
4) That
draft plan of subdivision 19TM-11002 submitted by Amber Plain Investments Ltd.,
be draft approved subject to the conditions outlined in Appendix ‘A’; and,
5) The
Director of Planning and Urban Design or his designate, shall be delegated
authority to issue draft approval, subject to the conditions set out in
Appendix ‘A’ as may be amended by the Director of Planning and Urban Design;
and,
6) That
the application submitted by Amber Plain Investments Ltd. to amend Zoning
By-laws 304-87 and 177-96, as amended, be approved and the draft by-laws
attached as Appendix ‘B’ be finalized and enacted without further notice; and,
7) That
the Owner provide the Town with the required payment of 30% processing fees in
accordance with the Town’s applicable Fee By-law; and,
8) That
the Regional Municipality of York be advised of the servicing allocation for
this development; and,
9) That
the draft plan approval for plan of subdivision 19TM-11002 will lapse after a
period of three (3) years from the date of issuance in the event that a
subdivision agreement is not executed within that period; and further,
10) That
Staff be authorized and directed to do all things necessary to give effect to
this resolution.
(By-laws 2012-104 and 2012-105)
CARRIED
(3) ARROWDALE DEVELOPMENTS LTD.
AND BONNYDON LTD.
APPLICATIONS FOR DRAFT PLAN OF
SUBDIVISION
AND BY-LAW AMENDMENT
5601 MAJOR MACKENZIE DRIVE
(SU.11-118808 AND
ZA.11-118807) (10.7, 10.5)
Report Figures Appendix
A and B
1) That
the report dated May 08, 2012, entitled “Recommendation Report, Arrowdale
Developments Ltd. and Bonnydon Ltd., Applications for Draft Plan of Subdivision
Approval and Zoning By-law Amendment, 5601 Major Mackenzie Drive East, File
Nos.: SU.11-118808 and ZA.11-118807, be received; and,
2) That
the record of the Public Meeting held on January 17, 2012, regarding the
applications for approval of Draft Plan of Subdivision and implementing Zoning
By-law be received; and,
3) That the Mayor and Clerk be authorized to enter into a No
Presale Agreement with the Owner of Plan 19TM-03001 which agreement shall be
registered on title, committing the Owner to:
Not enter into any agreements of purchase and
sale with end users for the lands (residential unit purchasers), until such time as:
a. the
Town of Markham approves a transfer of servicing allocation to this development
that is not dependent upon the construction of infrastructure;
or,
b. i. York Region has advised in writing that it
is no earlier than twelve (12) months prior
to the expected completion of the Southeast Collector Trunk Sewer and,
ii. The Council of the Town of Markham has allocated adequate available
water supply and sewage servicing capacity to the subject development;
or,
c. the
Regional Commissioner of Environmental Services confirms servicing capacity for
this development by a suitable alternative method and the Town of Markham
allocates the capacity to this development;
AND
Not enter
into any agreements of purchase and sale with non end users for the
subject lands unless the agreement of purchase and sale contains a condition
that requires the purchaser and any subsequent purchasers to enter into a
separate agreement with the Town of Markham, which agreement shall be
registered on title, committing the new Owner to the same terms as set out in
items a, b and c above;
4) That
draft plan of subdivision 19TM-03001 submitted by Arrowdale Developments Ltd
and Bonnydon Ltd., be draft approved subject to the conditions outlined in
Appendix ‘A’; and,
5) The
Director of Planning and Urban Design, or his designate, be delegated authority
to issue draft approval, subject to the conditions set out in Appendix ‘A’ as
may be amended by the Director of Planning and Urban Design; and,
6) That
the application submitted by Amber Plain Investments Ltd. to amend Zoning
By-laws 304-87 and 177-96, as amended, be approved and the draft by-laws
attached as Appendix ‘B’ be finalized and enacted without further notice; and,
7) That
the Owner provide the Town with the required payment of 30% processing fees in
accordance with the Town’s applicable Fee By-law; and,
8) That
2013 servicing allocation for 22 singles, 9 semis and 6 towns (a population of
125.5) be granted to plan of subdivision 19TM-03001 (Arrowdale Developments
Ltd. and Bonnydon Ltd.) from the total allocation from the Wismer Commons
Secondary Plan, assigned in accordance with the January 18, 2011 staff report
on servicing allocation; and,
9) That
the draft plan approval for plan of subdivision 19TM-03001 will lapse after a
period of three (3) years from the date of issuance in the event that a
subdivision agreement is not executed within that period; and further,
10) That
Staff be authorized and directed to do all things necessary to give effect to
this resolution.
(By-laws 2012-106 and 2012-107)
CARRIED
6(d) REPORT NO. 31 - GENERAL COMMITTEE (May 14,
2012)
Council
consented to add Report No. 31.
Moved by Councillor
Carolina Moretti
Seconded by Councillor
Alan Ho
That Report
No. 31 – General Committee comprised of 4 items be received and adopted, except
Item No. 4. (See following Item No. 4)
(1) AWARD
OF PROPOSAL 034-R-12 AUDIO
VISUAL REPLACEMENT (7.0)
Report
1) That
the report entitled “Award of Proposal 034-R-12 Audio Visual Replacement” be received; and,
2) That
the contract for Audio Visual Replacement from
Proposal 034-R-12 be
awarded to the highest ranked/lowest priced bidder, MacLean Media Systems Inc.
in the amount of $674,590.15 (inclusive of HST), of which
$528,126.26 is for the hardware/software and labour costs and $146,464.19 is
for 6 years of warranty, support and maintenance; and,
3) That
the hardware, software and labour cost for Council Chambers and Canada Room for
034-R-12 be funded from account #049-5350-12410-005 Audio Visual Replacement
(Canada Room and Council Chambers) in the amount of $278,764, account
#049-5350-10076-005 Core-Base Architecture (audio visual replacement in Canada
Room) in the amount of $86,562.26 and account #049-6150-11433-005 AV
Replacement in Council Chambers in the amount of $127,200 with a total of
$492,526.26 (inclusive of HST); and,
4) That
the hardware, software and labour cost for Great Hall for 034-R-12 be funded from account #046-5350-12114-005 Great Hall
Implementation of Multimedia (Phase 1 of 2) in the amount of $35,600 (inclusive of HST); and,
5) That
the hardware and software warranty, support and maintenance fees in the amount
of $146,464.19 (inclusive of HST) over a six year term be funded from
#400-404-5360 Computer Hardware; and,
6) That
Maclean Media Systems Inc. be designated as the preferred vendor for Town’s
Audio Visual service needs for the six year term of this contract; and further,
7) That
Staff be authorized and directed to do all things necessary to give effect to
this resolution.
CARRIED
(2) 143-S-12
PURCHASE OF 3M EQUIPMENT
FOR ANGUS GLEN AND EAST
MARKHAM LIBRARIES (3.19)
Report
1) That
the Report entitled “143-S-12 Purchase of 3M Equipment for Angus Glen and East
Markham Libraries” be received; and,
2) That
staff be authorized to award a contract to 3M Canada Company for one (1) FX
7-bin book sorter with patron and staff induction, for Angus Glen Community
Branch (Infrastructure Project) in the amount of $ 195,494 (including freight,
installation and HST impacts);and,
3) That
staff be authorized to award a contract for 3M equipment for East Markham
Branch for one (1) FX 11-bin book sorter with patron and staff induction, three
(3) 896 RFID staff workstations, one (1) 803 Digital library assistant, three
(3) 8410 self check no kiosk, one (1) 8420 self check with kiosk in the amount
of $365,857 (including freight,
installation, first year warranty and HST impacts);and,
4) That
the tendering process be waived in accordance with Purchasing By-Law 2004-341,
Part II, Section 7, Non Competitive Procurement, “Where there is only one
source of supply for the goods to be purchased”;and,
5) That the award for purchasing of equipment for the Angus
Glen branch in the amount of $195,494 be funded from the 2012 Capital
Budget #049-5350-12103-005 Angus Glen 3M Smart Sorter; and,
6) That
the award for purchasing of equipment
for East Markham Branch in the amount of $365,857 be funded from the 2010
Capital Budget #070-5350-10559-005, East Markham Library (IT); and,
7) That
the annual maintenance cost of $82,954 be charged to the ITS Computer Hardware
Acct#400-404-5360 following the expiry of the one year warranty period
(sometime in mid 2013), which will be addressed during the 2013 operating budget
process; and further,
8) That
Staff be authorized and directed to do all things necessary to give effect to
this resolution.
CARRIED
(3) AWARD OF RFP #247-R-11
CONSULTING
ENGINEERING SERVICES FOR WEST THORNHILL
FLOOD CONTROL IMPLEMENTATION
ALTERNATIVE REFINEMENT, PRELIMINARY
AND FINAL DESIGN (6.0)
Report Attachment
A
1) That
the report entitled “Award of RFP #247-R-11 Consulting Engineering Services for
West Thornhill Flood Control Implementation Alternative Refinement, Preliminary
and Final Design” be received; and,
2) That
staff be authorized to award RFP #247-R-11 to the highest ranked and sixth
lowest priced bidder R.V. Anderson Associates Limited to an upset fee limit of
$789,614.86 inclusive of disbursements
and HST impact; and,
3) That a
contingency amount of $118,442.23 inclusive of disbursements and HST impact be established
to cover any additional design and that the Director of Asset Management be
authorized to approve expenditure of this contingency amount up to the specified
limit in accordance with the Expenditure Control Policy; and,
4) That
the award be funded from the Capital Budget accounts 058-6150-8530-005 and
058-6150-9330-005 as outlined under the financial template section of the
report; and further,
5) That
staff be authorized and directed to do all things necessary to give effect to
this resolution.
CARRIED
(4) MARKHAM VILLAGE MUSIC FESTIVAL (3.5)
BNote
Moved by Councillor
Colin Campbell
Seconded by Councillor
Carolina Moretti
1) That
the Briefing Note provided to Council at its meeting held on May 15, 2012 be
received; and,
2) That the standard noise exemption until
11:00 p.m. be granted for the Markham Village Music Festival on June 15, 2012;
and,
3) That the Main Street Markham Road be
closed from 3:00 p.m. on Friday June 15, 2012 to 6:00 p.m. Saturday June 16,
2012; and further,
4) That the approval of the above Clauses
2 and 3 are subject to the conditions outlined in the Briefing Note to the
satisfaction of Town staff.
CARRIED
1) That the noise exemption by-law for the
Markham Village Music Festival be extended to midnight on June 15th,
2012; and,
2) That the Main Street Markham Road be
closed from 3:00 p.m. on Friday June 15, 2012 to 6:00 p.m. Saturday June 16,
2012.
7. MOTIONS
There were no
motions.
8. NOTICES OF MOTIONS
There were no
notices of motions.
9. COMMUNICATIONS
Council
consented to add Communication No. 35-2012.
Moved by
Councillor Alex Chiu
Seconded by Councillor
Logan Kanapathi
That Council
receive and consent to the disposition of communications in the following
manner:
Referred to all Members of
Council
33-2012 SPECIAL OCCASION
LIQUOR PERMIT APPLICATION FOR UNIONVILLE VILLAGE FESTIVAL COMMITTEE (3.21)
Info
- Requesting an approval
from the Town of Markham regarding the application of a Special Occasion Liquor
Permit to be utilized during the Unionville Village Community Festival being
held on June 2, 2012 from 12:00 noon to 8:00 p.m. at the Crosby Park, 210 Main
Street Unionville.
CARRIED
34-2012 ROAD CLOSURE REQUEST
– MAIN STREET MARKHAM FARMERS' MARKET (3.5)
Info
- The
following roads will be closed every Saturday from May 12, 2012 to September
29, 2012 from 6:00 a.m. to 2:00 p.m. to facilitate the event:
1. Robinson
Street from 132 west to 138 Robinson Street.
Note: Road
closure for May 12 is scheduled from 6:00 a.m. to 4:00 p.m. as the "Science
Rendezvous" event is being held in conjunction with the Main Street
Markham Farmer's Market.
CARRIED
Received
35-2012 2012 TAX RATES –
UPDATE MEMORANDUM FROM STAFF (7.3)
Memo
-
Providing information on the proposed residential, commercial and industrial tax rates for 2012:
(Item No. 1, Report No.
23 – May 15, 2012 Council Meeting)
CARRIED
10. PROCLAMATIONS
(1) PROCLAMATION
AND FLAG REQUESTS APPROVED
- FOR INFORMATION (3.4)
Info
Moved by Councillor
Alan Ho
Seconded by Regional
Councillor Gord Landon
1) That the following proclamations issued by the Town Clerk in
accordance with the Town of Markham Proclamation Policy be received for
information purposes:
- Jumpstart
Day (May 26, 2012)
- Armenian National Day (May 28, 2012); and,
2) That the following
request 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:
- Armenian National Flag (May 28, 2012).
CARRIED
11. NEW/OTHER BUSINESSES
There were no
new/other businesses.
12. BY-LAWS
Council consented
to separate By-laws 2012-113 to 2012-116 for voting purposes.
Moved by
Councillor Alex Chiu
Seconded by Regional
Councillor Joe Li
That By-laws 2012-100
to 2012-112 be given three readings and enacted.
CARRIED
Moved by
Councillor Alex Chiu
Seconded by Regional
Councillor Joe Li
That By-laws
2012-113 to 2012-116 be given three readings and enacted.
CARRIED
Three Readings
BY-LAW 2012-100 2012 TAX RATES AND LEVY BY-LAW
- A by-law to
provide for the levy and collection of sums required by The Corporation of the
Town of Markham for the year 2012 and to provide for the mailing of notices
demanding payment of taxes for the year 2012.
(Item No. 1, Report No. 28 – May 14, 2012
Council Meeting)
By-law
CARRIED
BY-LAW 2012-101 BUTTONFIELD ROAD PARKING PROHIBITION AMENDING BY-LAW
- A by-law to amend Parking By-law 2005-188.
(Item No. 2, Report No. 28 – May 24, 2012
Council Meeting)
By-law
CARRIED
BY-LAW 2012-102 CORNELL CENTRE BOULEVARD AND WHITE'S HILL AVENUE ALL-WAY STOP
CONTROL AMENDING BY-LAW
- A by-law to amend Traffic By-law 106-71.
(Item No. 3, Report No. 28 – May 24, 2012 Council Meeting)
By-law
CARRIED
BY-LAW 2012-103 CORNELL CENTRE BOULEVARD AND WHITE'S HILL AVENUE SPEED LIMIT
REDUCTION AMENDING BY-LAW
- A by-law to amend Speed By-law 105-71.
(Item No. 3, Report No. 28 – May 24, 2012
Council Meeting)
By-law
CARRIED
BY-LAW 2012-104 AMBER PLAIN INVESTMENTS LTD., 5443, 5521 AND 5565 MAJOR MACKENZIE
DRIVE EAST, 19TM-11002 (TO AMEND BY-LAW 304-87, AS AMENDED)
- A by-law to
amend By-law 304-87, as amended, to delete the subject lands from By-law
304-87, as amended, so that they may be incorporated into By-law 177-96, as
amended, to permit residential development.
(Item No. 2, Report No. 30 – May 15, 2012 Council Meeting)
By-law
CARRIED
BY-LAW 2012-105 AMBER PLAIN INVESTMENTS LTD., 5443, 5521 AND 5565 MAJOR MACKENZIE
DRIVE EAST, 19TM-11002, AMENDING BY-LAW (TO AMEND BY-LAW 177-96, AS AMENDED)
- A by-law to amend By-law 177-96, as
amended, to permit residential development.
(Item No. 2, Report No. 30 – May 15, 2012 Council Meeting)
By-law
CARRIED
BY-LAW 2012-106 ARROWDALE DEVELOPMENTS LTD. AND BONNYDON LTD., 5601 MACKENZIE
DRIVE EAST, 19TM-03001, (TO AMEND BY-LAW 304-87, AS AMENDED)
- A by-law to amend By-law 304-87, as
amended, to delete the subject lands from By-law 304-87, as amended, so that
they may be incorporated into By-law 177-96, as amended, to permit residential
development.
(Item No. 3, Report No. 30 – May 15, 2012
Council Meeting)
By-law
CARRIED
BY-LAW 2012-107 ARROWDALE DEVELOPMENTS LTD. AND BONNYDON LTD., 5601 MACKENZIE
DRIVE EAST, 19TM-03001, (TO AMEND BY-LAW 177-96, AS AMENDED)
- A by-law to amend By-law 177-96, as
amended, to permit residential development.
(Item No. 3, Report No. 30 – May 15, 2012
Council Meeting)
By-law
CARRIED
BY-LAW 2012-108 HARRY COOK DEVELOPMENTS INC., OFFICIAL PLAN AMENDMENT APPLICATION
- A by-law to adopt Official Plan Amendment
No. 196 to facilitate single-detached and townhouse dwellings, east of Harry
Cook Drive, between Helen Avenue and Castan Avenue, including 304, 312 &
322 Helen Avenue, within South Unionville.
(Item No. 2, Report No. 27 – May 1, 2012
Council Meeting)
By-law
CARRIED
BY-LAW 2012-109 HARRY COOK DEVELOPMENTS INC., ZONING BY-LAW AMENDMENT APPLICATION
(TO AMEND BY-LAW 304-87, AS AMENDED)
- A by-law to amend By-law 304-87, as
amended, to delete the subject lands from 304-87, as amended, so that they may
be incorporated into By-law 177-96, as amended, to facilitate single-detached
and townhouse dwellings, east of Harry Cook Drive, between Helen Avenue and
Castan Avenue, including 304, 312 & 322 Helen Avenue, within South
Unionville.
(Item No. 2, Report No. 27 – May 1, 2012
Council Meeting)
By-law
CARRIED
BY-LAW 2012-110 HARRY COOK DEVELOPMENTS INC., ZONING BY-LAW AMENDMENT APPLICATION
(TO AMEND BY-LAW 177-96, AS AMENDED)
- A by-law to amend By-law 177-96, as
amended, to facilitate single-detached and townhouse dwellings, east of Harry
Cook Drive, between Helen Avenue and Castan Avenue, including 304, 312 &
322 Helen Avenue, within South Unionville.
(Item No. 2, Report No. 27 – May 1, 2012
Council Meeting)
By-law
CARRIED
BY-LAW 2012-111 AMICA (SWAN LAKE) CORPORATION, OFFICIAL PLAN AMENDMENT
- A by-law to adopt Official Plan Amendment No. 197 to permit a
retirement residence at 6380 16th Avenue
(Item No. 3, Report No. 2 – January 24, 2012 Council Meeting)
By-law
CARRIED
BY-LAW 2012-112 AMICA (SWAN LAKE) CORPORATION, zoning by-law amendment
- A by-law to amend By-law 177-96, as
amended, to permit a retirement residence at 6360 and 6380 16th
Avenue.
(Item No. 3, Report No. 2 – January 24, 2012
Council Meeting)
By-law
CARRIED
BY-LAW 2012-113 BRUTTO CONSULTING (CHRISTOS PAVLAKIS), OFFICIAL PLAN AMENDMENT,
39 CAROLWOOD CRESCENT
- A by-law to adopt Official Plan Amendment No. 198 to facilitate the
severance of the existing lot.
(Item No. 4, Report No. 9 – February 28, 2012
Council Meeting)
By-law
CARRIED
BY-LAW 2012-114 BRUTTO CONSULTING (CHRISTOS PAVLAKIS), ZONING BY-LAW AMENDMENT,
39 CAROLWOOD CRESCENT
- A by-law to amend By-law 304-87, as
amended, to facilitate the severance of the existing lot.
(Item No. 4, Report No. 9 – February 28, 2012
Council Meeting)
By-law
CARRIED
BY-LAW 2012-115 BRUTTO CONSULTING (PETER CASAGRANDE AND CORINNE MARTON), OFFICIAL
PLAN AMENDMENT, 65 AND 69 CHATELAINE DRIVE
- A by-law to adopt Official Plan Amendment
No. 199 to facilitate the severance of the existing two lots.
(Item No. 4, Report No. 9 – February 28, 2012 Council Meeting)
By-law
CARRIED
BY-LAW 2012-116 BRUTTO CONSULTING (PETER CASAGRANDE AND CORINNE MARTON), ZONING
BY-LAW AMENDMENT, 65 AND 69 CHATELAINE DRIVE
- To amend By-law 90-81, as amended, to
facilitate the severance of the existing two lots.
(Item No. 4, Report No. 9 – February 28, 2012
Council Meeting)
By-law
CARRIED
13. IN-CAMERA ITEMS
Moved by Councillor
Carolina Moretti
Seconded by Councillor
Valerie Burke
That, in
accordance with Section 239 (2) of the Municipal Act,
Council resolve into an in-camera session to discuss the following matters
(7:49 p.m.):
DEVELOPMENT
SERVICES COMMITTEE- May 8, 2012
(1) LITIGATION OR POTENTIAL LITIGATION,
INCLUDING MATTERS
BEFORE ADMINISTRATIVE
TRIBUNALS, AFFECTING THE
MUNICIPALITY OR LOCAL BOARD
(WARD 3)
[Section 239 (2) (a)]
(2) THE SECURITY OF THE PROPERTY OF THE
MUNICIPALITY OR LOCAL BOARD
[Section 239 (2) (e)]
COUNCIL
– May 15, 2012
(3) A PROPOSED OR PENDING ACQUISITION OR
DISPOSITION
OF LAND BY THE MUNICIPALITY OR
LOCAL BOARD
[Section 239 (2) (c)]
(4) PERSONAL MATTERS ABOUT AN IDENTIFIABLE
INDIVIDUAL,
INCLUDING MUNICIPAL OR LOCAL
BOARD EMPLOYEES (11.0)
[Section 239 (2) (b)]
CARRIED
Moved by Councillor
Howard Shore
Seconded by Regional
Councillor Gord Landon
That Council
rise from the in-camera session and report. (8:09 p.m.)
CARRIED
Council
reported out the following items:
(1) APPEAL OF A CONSENT TO CREATE AN
EASEMENT
17 RIVER BEND ROAD, MARKHAM
B/02/12 (10.0)
Moved by Deputy
Mayor Jack Heath
Seconded by
Councillor Alex Chiu
1) That
the staff report dated May 8, 2012 titled Appeal of a Consent to
Create an Easement, 17 River Bend Road, Markham, B/02/12, be
received; and,
2) That
Council direct the Town Solicitor and staff not to attend the Ontario Municipal
Board (OMB) hearing respecting a Consent appeal for 17 River Bend Road; and further,
3) That
staff be authorized and directed to do all things necessary to give effect to
this resolution.
CARRIED
(2) AGREEMENTS
FOR HIGHWAY 404 MID-BLOCK CROSSING
BETWEEN HIGHWAY 7 AND 16TH
AVENUE (8.6)
Moved by Regional
Councillor Gord Landon
Seconded by Councillor
Alan Ho
1) That
the confidential report with respect to the agreements for Highway 404
Mid-Block Crossing between Highway 7 and 16th Avenue be received;
and,
2) That
the Mayor
and Clerk be authorized to execute a Tri-Party Agreement with the Region of
York and the Town of Richmond Hill to govern construction, administration, long
term maintenance and replacement of Highway 404 Mid-Block
Crossing between Highway 7 and 16th Avenue and to allocate
responsibilities for costs between the parties, in a form and content
satisfactory to the Chief Administrative Officer, the Town Solicitor and the Director
of Engineering; and,
3) That
subject to execution of the Tri-Party Agreement, the Mayor and Clerk be authorized to
execute an Agreement between the Town of Markham and the Ministry of
Transportation (MTO) for the construction and long term maintenance and
replacement costs of the Highway 404 Mid-Block Crossing
between Highway 7 and 16th Avenue to the satisfaction of the Chief
Administrative Officer, the Town Solicitor and the Director
of Engineering; and,
4) That
upon completion of the Highway 404 Mid-block Crossing, the Asset Management
Department include in their Life Cycle / Capital budget one third (1/3) of the
long-term maintenance and replacement cost for the Highway 404 Mid-Block
Crossing; and further,
5) That
staff be authorized and directed to do all things necessary to give effect to
this resolution.
CARRIED BY A RECORDED VOTE (12:1)
(See following recorded vote)
YEAS: Mayor
Frank Scarpitti, Deputy Mayor Jack Heath, Regional Councillor Jim Jones,
Regional Councillor Gord Landon, Regional Councillor Joe Li, Councillor Howard Shore,
Councillor Don Hamilton, Councillor Carolina Moretti, Councillor Colin
Campbell, Councillor Alan Ho, Councillor Logan Kanapathi, Councillor Alex Chiu.
(12)
NAYS: Councillor
Valerie Burke. (1)
(3) PROPERTY
ACQUISITION MATTER (7.12.2)
Moved by Councillor
Alan Ho
Seconded by Councillor
Carolina Moretti
1) That the report dated May 2, 2012 from the Chief
Administrative Officer and Town Solicitor regarding a property acquisition
matter be received; and,
2) That
staff be authorized to proceed as directed by Council on May 15, 2012.
CARRIED
(4) COMMISSIONER
OF CORPORATE SERVICES SELECTION (11.0)
Moved by Regional
Councillor Jim Jones
Seconded by Regional
Councillor Gord Landon
1) That Council endorse
the recommendation of the Chief Administrative Officer (CAO) and appoint the
preferred candidate to the position of Commissioner, Corporate Services; and,
2) That staff be
authorized and directed to take the actions set out in this report.
CARRIED BY A RECORDED VOTE (12:1)
(See following recorded vote)
YEAS: Mayor
Frank Scarpitti, Deputy Mayor Jack Heath, Regional Councillor Jim Jones,
Regional Councillor Gord Landon, Councillor Valerie Burke, Councillor Howard
Shore, Councillor Don Hamilton, Councillor Carolina Moretti, Councillor Colin
Campbell, Councillor Alan Ho, Councillor Logan Kanapathi, Councillor Alex Chiu.
(12)
NAYS: Regional
Councillor Joe Li. (1)
14. CONFIRMATORY BY-LAW
Council
consented to separate By-law 2012-117 for voting purposes.
Moved by Councillor
Don Hamilton
Seconded by Councillor
Howard Shore
That By-law 2012-117
be given three readings and enacted.
Three Readings
BY-LAW 2012-117 A BY-LAW TO CONFIRM THE PROCEEDINGS OF THE COUNCIL MEETING OF MAY
15, 2012.
By-law
CARRIED BY A UNANIMOUS RECORDED VOTE (12:0)
(See following recorded vote)
YEAS: Mayor
Frank Scarpitti, Deputy Mayor Jack Heath, Regional Councillor Jim Jones,
Regional Councillor Gord Landon, Councillor Valerie Burke, Councillor Howard
Shore, Councillor Don Hamilton, Councillor Carolina Moretti, Councillor Colin
Campbell, Councillor Alan Ho, Councillor Logan Kanapathi, Councillor Alex Chiu.
(12)
ABSENT: Regional
Councillor Joe Li. (1)
15. ADJOURNMENT
Moved by Councillor Alex Chiu
Seconded by Councillor
Colin Campbell
That the Council meeting be adjourned at 8:22 p.m.
CARRIED
_______________________________ _______________________________
ALIDA TARI FRANK
SCARPITTI
DEPUTY TOWN CLERK MAYOR
(Signed)