Council
Minutes
March
22, 2016, 7:00 PM
Council
Chamber, Anthony Roman Markham Civic Centre
Meeting No. 4
Alternate
formats for this document are available upon request
Roll
Call
Mayor Frank
Scarpitti, Deputy Mayor Jack Heath, Regional Councillor Jim Jones, Regional
Councillor Joe Li, Regional Councillor Nirmala Armstrong, Councillor Valerie
Burke, Councillor Alan Ho, Councillor Don Hamilton, Councillor Karen Rea,
Councillor Colin Campbell, Councillor Amanda Collucci, Councillor Logan
Kanapathi, Councillor Alex Chiu.
Staff
Andy Taylor, Chief
Administrative Officer
Catherine Conrad, City
Solicitor and Acting Director of Human Resources
Jim Baird, Commissioner of
Development Services
Brenda Librecz, Commissioner
of Community and Fire Services
Joel Lustig, Treasurer
Dennis Flaherty, Director of
Communications and Community Relations
Raj Raman,
Mayor's Chief of Staff
Kimberley
Kitteringham, City Clerk
Martha Pettit, Deputy City Clerk
John Wong, Technology
Support Specialist
Alan Brown, Director of Engineering
Ron Blake, Senior
Development Manager
Andrea Wilson-Peebles, Assistant
City Solicitor
The meeting of
Council convened at 7:08 PM on March 22, 2016 in the Council Chamber. Mayor Frank Scarpitti presided.
1. DISCLOSURE OF PECUNIARY INTEREST
(1) None
declared.
2. MINUTES
(1) COUNCIL MINUTES – MARCH 1, 2016
Minutes
Moved by Councillor
Alex Chiu
Seconded by Councillor
Valerie Burke
1) That the Minutes of the
Council Meeting held on March 1, 2016, be adopted.
Carried
A moment of
silence was observed for:
- The victims of Belgium terrorist attacks.
- Former City of Toronto Mayor and Councillor
Rob Ford.
- Former City of Markham employee Jim Kennedy.
3. PRESENTATIONS
There were no
presentations.
4. DELEGATIONS
(1) DELEGATIONS
AND PRESENTATION FROM STAFF
(TRUCK ACCESS ROUTE) (5.12)
Presentation
The following
individuals addressed Council regarding the truck access routes for 75 Fred
Varley – Tribute development:
1. Doug
Worsley requested that Mayor Frank Scarpitti be included for the Director of
Engineering to consult for parking restrictions associated with the Tribute
development.
2. Christl
Reeh noted she does not support using Eureka Street as a construction access
route and expressed her concerns about the safety of the residents and workers.
She submitted a petition signed by the
residents.
3. Paul
Jamieson noted he does not support using Eureka Street as a construction access
route and expressed his concerns about the safety of the residents.
Alan Brown,
Director of Engineering, provided a PowerPoint presentation outlining the
Construction Management Plan and schedule for the Tribute application
highlighting the truck access routes (Main Street, Eureka Street, Sciberras
Road and Fred Varley Drive) and the safety measures that would be undertaken on
Eureka Street during construction of the Tribute development.
Council
directed that Tribute use Sciberras Road, Fred Varley Drive and Main Street as
the primary route, and Eureka Street as a relief or secondary route. Council directed that staff continue to
discuss with Tribute issues related to the truck routes including the backing
up of trucks onto Fred Varley, Fred Varley staging area, heavy load
restrictions/exemptions, additional signage when trucks are using Eureka Street
and a 24/7 contact for Tribute.
(See Item No.
1, Report No. 7 for Council's decision on this matter)
5. PETITIONS
There were no
petitions.
6(A) REPORT NO. 7 - DEVELOPMENT SERVICES
COMMITTEE (March 1, 2016)
Moved by Regional
Councillor Jim Jones
Seconded by Councillor
Don Hamilton
That Report
No. 7 – Development Services Committee comprised of 1 item be received and
adopted.
(1) EUREKA
STREET AND FRED VARLEY DRIVE
PROPOSED TEMPORARY PARKING
PROHIBITION (5.12)
Report Revised
Attachment A
1) That
the report entitled “Eureka Street and Fred Varley Drive Proposed Temporary Parking
Prohibition,” be received; and,
2) That
Schedule “C” of Parking By-law 2005-188 be amended to temporarily restrict
parking on Eureka and Fred Varley Drive as defined in the report; and,
3) That
the Operations Department be directed to install the appropriate signs to
temporarily restrict the parking along on Fred Varley Dr and on Eureka Street as
defined in the report; and,
4) That
the Parking Control Department be
directed to enforce the parking prohibition upon installation of the signs and
passing of the by-law; and,
5) That the Director of Engineering be authorized to modify or
extend temporary parking
restrictions, signage or no truck stopping associated with 20 Fred Varley Drive
construction activities on surrounding roads in consultation with Director of
Operations and the Ward Councillor and the Mayor; and,
6) That the cost incurred by the City of Markham to revise the
parking be recovered from Tribute (Unionville) Limited; and
7) That
staff continue to negotiate with Tribute (Unionville) Limited to reach a
compromise solution with respect to the use of Eureka Street as a relief route
only; and further,
8) That staff be authorized and directed to do all things
necessary to give effect to this resolution.
(By-law
2016-29)
Carried
Council consented to amend the proposed recommendation from the March
1, 2016 Development Services Committee meeting as follows:
Resolution No. 5:
Add the words "...and the Mayor" to
the end of the paragraph.
Resolution No. 7:
Add the following as Resolution No. 7:
"7) That staff
continue to negotiate with Tribute (Unionville) Limited to reach a compromise
solution with respect to the use of Eureka Street as a relief route only;"
6(B) REPORT NO. 8 - DEVELOPMENT SERVICES
COMMITTEE (March 7, 2016)
Moved by Regional
Councillor Jim Jones
Seconded by Councillor
Don Hamilton
That Report
No. 8 – Development Services Committee comprised of 1 item be received and
adopted.
(1) RECOMMENDATION
REPORT
EBRAHIM JAVADY TORABI
REVISED OFFICIAL
PLAN & ZONING BY-LAW AMENDMENT
APPLICATIONS TO PERMIT SIX (6)
SEMI-DETACHED DWELLINGS
AT 2968 ELGIN MILLS ROAD EAST
FILE NOS. OP 14 109571 &
ZA 14 109571 (10.3, 10.5)
Report
1)
That the deputation by John Yew, regarding the applications by Ebrahim
Javady Rorabi at 2968 Elgin Mills Road East, be received; and,
2) That the report titled “RECOMMENDATION
REPORT, Ebrahim Javady Toraby Revised Official Plan & Zoning By-law
Amendment Applications to permit six (6) semi-detached dwellings at 2968 Elgin
Mills Road East, File Nos. OP 14 109571 & ZA 14 109571” dated March 7,
2016, be received; and,
3) That
the revised applications submitted by Ebrahim Javady Toraby, to amend the in
force Official Plan (Revised 1987), as
amended, the Markham Official Plan 2014 (not yet in force), Zoning By-laws
83-73 and 177-96, as amended, to permit six (6) semi-detached dwellings at 2968
Elgin Mills Road East be approved; and,
4) That
the proposed amendment to the in force Markham Official Plan (Revised 1987), as
amended, attached as Appendix ‘A’, and a corresponding amendment to the Markham
Official Plan 2014 (partially approved on October 29. 2015), attached as
Appendix ‘B’, be forwarded to Council for adoption; and,
5) That
the proposed amendments to Zoning By-laws 83-73 and 177-96, as amended,
attached as Appendix ‘C’, be forwarded to Council for approval and enacted
without further notice; and,
6) That
parkland dedication be provided as cash-in-lieu of parkland prior to Site Plan
approval; and,
7) That
Council authorize servicing allocation for six (6) semi-detached units (18.12
population) from the current servicing allocation reserve; and,
8) That
the City reserves the right to revoke or reallocate the servicing allocation should
the development not proceed in a timely manner; and,
9) That the Region of York be advised of the servicing
allocation for this development; and further,
10) That
Staff be authorized and directed to do all things necessary to give effect to
this resolution.
Carried
6(C) REPORT NO. 9 - GENERAL COMMITTEE (March 21,
2016)
Moved by Deputy
Mayor Jack Heath
Seconded by Councillor
Colin Campbell
(1) AWARD OF
CONSTRUCTION TENDER
207-T-15 WEST THORNHILL – PHASE 2A
STORM SEWER AND WATERMAIN REPLACEMENT (7.12)
Report
Attachment
A Attachment
B
1) That the report entitled “Award of Construction Tender 207-T-15 West
Thornhill – Phase 2A Storm Sewer and Watermain Replacement” be received; and,
2) That the contract for Tender 207-T-15 West Thornhill – Phase 2A
Storm Sewer and Watermain Replacement be awarded to the lowest priced Bidder,
Dagmar Construction Inc., in the amount of $7,012,054.74, inclusive of HST;
and,
3) That a 10% contingency in the amount of $701,205.47, inclusive of
HST, be established to cover any additional construction costs and that
authorization to approve expenditures of this contingency amount up to the
specified limit be in accordance with the Expenditure Control Policy; and,
4) That the construction award in the amount of $7,713,260.21 be funded
from the following capital projects; 1) 058-6150-16210-005 “West Thornhill
Flood Control Construction - Phase 2A” and 2) 053-5350-16246-005 “Watermain
Construction and Replacement Program” as outlined under the financial
considerations section in this report; and,
5) That the budget remaining in project #16246 “Watermain Construction
and Replacement Program” in the amount of $29,377.66 will be returned to the
original funding source; and,
6) That a 5-year moratorium be placed on any major servicing and
utility installation along restored areas including Grandview Avenue (Elspeth
Place to Almond Ave), Brightbay Crescent, Courtham Avenue, Rayneswood Crescent,
Pinevale Road and Elspeth Place; and
further,
7) That Staff be authorized and directed to do all things necessary to
give effect to this resolution.
Carried
(2) REQUEST FOR PROPOSAL
078-R-15 JANITORIAL
AND CARPET CLEANING SERVICES FOR
VARIOUS CITY LOCATIONS (7.12)
Report
1) That the report “Request for Proposal
078-R-15 Janitorial and Carpet Cleaning Services for Various City Locations” be
received; and,
2) That Request for Proposal 078-R-15 for
Janitorial and Carpet Cleaning Services be awarded to the highest ranked /
lowest priced bidder, National Cleaning Contractors in the annual amount of $376,914.62
inclusive of HST impact; and,
3) That staff be authorized to extend the
contract for four (4) additional years (2017-2021) at the same itemized
pricing, subject to the supplier performance; and,
4) That the contract be
funded from various City Department’s Operating Budgets; and,
5) That this report be taken to March 22nd,
2016 Council meeting; and further,
6) That Staff be authorized and directed
to do all things necessary to give effect to this resolution.
Carried
(3) AWARD OF RFP 271-R- 15
CONTRACT
ADMINISTRATION AND CONSTRUCTION
INSPECTION SERVICES FOR WEST THORNHILL
FLOOD CONTROL IMPLEMENTATION PROJECTS
– PHASES 2A & 1C (7.12)
Report Attachment
A
1) That the report entitled “Award of RFP 271-R-15 Contract
Administration and Construction Inspection Services for West Thornhill Flood
Control Implementation Projects – Phases 2A & 1C” be received; and,
2) That the contract for Proposal 271-T-15 Contract Administration and
Construction Inspection Services for West Thornhill Flood Control
Implementation Projects – Phases 2A & 1C be awarded to the highest ranked,
second lowest priced Bidder, R.V. Anderson Associates Limited, in the amount of
$496,112.56, inclusive of HST; and,
3) That a 10% contingency in the amount of $49,611.25, inclusive of
HST, be established to cover any additional construction costs and that
authorization to approve expenditures of this contingency amount up to the
specified limit be in accordance with the Expenditure Control Policy; and,
4) That the contract administration services award in the amount of
$545,723.81 be funded from the following capital projects; 1)
058-6150-16210-005 “West Thornhill Flood Control Construction - Phase 2A” and 2)
053-5350-16246-005 “Watermain Construction and Replacement Program” as outlined
under the financial considerations section of this report; and further,
5) That Staff be authorized and directed to do all things necessary to
give effect to this resolution.
Carried
(4) AWARD OF 047-S-16 JOINT
PORTAL
HOSTING AND MANAGED SERVICES (7.12)
Report
1) That the report entitled “Award of 047-S-16 Joint Portal Hosting and
Managed Services” be received; and,
2) That
the contract for Joint Portal Hosting and Managed Services P-15-118 through the
Region of York be awarded to the sole bidder, Compugen Inc., in the total
amount of $1,550,076 inclusive of HST for a five (5) year term;
a. Year
1: $303,751 inclusive of HST
b. Year
2: $306,834 inclusive of HST
c. Year
3: $309,965 inclusive of HST
d. Year
4: $313,147 inclusive of HST
e. Year
5: $316,379 inclusive of HST; and,
3) That
the contract for the Joint Portal Hosting and Managed Services be shared
equally (50/50) between the Regional Municipality of York and the City of
Markham on 50% cost sharing basis; and,
4) That
Markham’s share of the contract for Joint Portal Hosting and Managed Services
in the total amount of $775,038.00 inclusive of HST be funded annually from the
Computer Software Agreement account (account # 400-400-5361);
a. Year
1: $151,876 inclusive of HST
b. Year
2: $153,417 inclusive of HST
c. Year
3: $154,982 inclusive of HST
d. Year
4: $156,573 inclusive of HST
e. Year
5: $158,190 inclusive of HST; and,
5) That
a purchase order in the amount of $775,038 inclusive of HST be issued to
Regional Municipality of York to cover the City’s 50% contribution of the Joint
Portal Hosting and Managed Services; and,
6) That
this report be taken to March 22, 2016 Council meeting; and further,
7) That
Staff be authorized and directed to do all things necessary to give effect to
this resolution.
Carried
(5) SUMMARY OF 2015 REMUNERATION
AND EXPENSES FOR COUNCILLORS AND
APPOINTEES TO BOARDS (7.0)
Report Appendix
A Appendix
B
Moved by
Deputy Mayor Jack Heath
Seconded by
Councillor Colin Campbell
1) That the report titled “Summary of 2015 Remuneration and Expenses for
Councillors and Appointees to Boards” be received; and,
2) That Staff be authorized and directed to do all things necessary to give
effect to this resolution.
Carried
(6) WASHINGTON STREET PROPOSED PARKING PROHIBITION (2.17)
Report Attachment
A Attachment
B Attachment
C
1) That the report entitled “Washington
Street Proposed Parking Prohibition,” be received; and,
2) That Schedule “C” of Parking By-law 2005-188 be amended to
restrict parking on the east side of Washington Street, between Highway 7 and
Joseph Street; and,
3) That the Operations Department be directed to install the
appropriate signs at the subject
locations, funded through the Operations Department account # 061-5350-15238-005;
and,
4) That the Parking Control
Department be directed to enforce the parking prohibition upon installation of
the signs and passing of the by-law; and further,
5) That staff be authorized and
directed to do all things necessary to give effect to this resolution.
(By-law 2016-36)
Carried
(7) INSTALLATION AND
OPERATION OF A
DOME AT MOUNT JOY ARTIFICIAL TURF FIELD (6.3)
Memo Extract Report
GC page 121
1) That
the memorandum dated March 14, 2016 titled "Follow Up: Installation and Operation of a Dome at Mount
Joy Artificial Turf Field", be received; and,
2) That
Council approve the execution of a lease agreement with Ed Skrobal – NewCo.
over a 20 year period from October 2016 to April 2035 to acquire, install,
operate and maintain a dome at Mount Joy Artificial Turf field annually for 7
months October 1st to April 30th; and,
3) That the funding for the installation of the services, to a maximum
amount of $195,000 be up fronted by the City from the Life Cycle Replacement
and Capital Reserve fund to be repaid by NewCo. through the annual lease
payment; and,
4) That NewCo. to pay the City an annual land lease payment of $35,000
indexed by 2% annually for the term of the lease agreement with NewCo; and,
5) That Council authorize the Mayor and Clerk to execute an agreement with
NewCo. in a form satisfactory to the City Solicitor and the Chief
Administrative Officer for the acquisition, installation, operation, and
maintenance of the dome at Mount Joy Artificial Turf Field; and further,
6) That
Staff be authorized and directed to do all things necessary to give effect to
this resolution.
Carried
(8) ESTABLISHMENT OF COUNCIL
COMMITTEE FOR THE
RECRUITMENT OF DEPUTY FIRE
CHIEF (16.24)
Memo
1) That
the memorandum dated March 10, 2016 titled "Establishment of Council
Committee for the Recruitment of Deputy Fire Chief" be received; and,
2) That the following Senior Staff be appointed to a recruitment
committee: Andy Taylor, Chief Administrative Officer, Fire Chief Dave Decker,
Brenda Librecz, Commissioner of Community & Fire Services and Human
Resource Representative to undertake the recruitment of Deputy Fire Chief; and
further,
3) That
the following Council Members be appointed to a recruitment committee: Mayor
Frank Scarpitti, Regional Councillor Nirmala Armstrong, Councillor Alan Ho,
Councillor Colin Campbell and Councillor Alex Chiu to undertake the recruitment
of the Deputy Fire Chief.
Carried
(9) CELEBRATE
MARKHAM GRANT PROGRAM
– APRIL 1, 2016 - MARCH 31, 2017 - FUNDING
APPROVALS (7.6)
Report
Moved by
Deputy Mayor Jack Heath
Seconded by
Councillor Colin Campbell
1) That the report titled,
“Celebrate Markham Grant Program – April 1, 2016 - March 31, 2017 Funding
Approvals” be received; and,
2) That Council approve the
recommendations of the Interdepartmental Staff Review Committee to fund 34
Celebrate Markham applicants, totaling $137,500, as identified in Attachments
1, 2, 3 and 4; and,
3) That the following Celebrate Markham
grants be approved for the Cultural Events and Programs Category (as per
Attachment 1):
i) Markham Federation of Filipino
Canadians be awarded $3,500 for Independence Day Celebration;
ii) Vedic Cultural Centre
Organization be awarded $2,500 for
South Asian Heritage Month Celebration at the Vedic Centre;
iii) Unionville
Theatre Company be awarded $4,500 for 2017 Live Theatre Production at Flato
Theatre, subject to providing an Outcome/Financial report on the Celebrate
Markham grant provided in the previous funding cycle from January 1 to March
31, 2016 for the 2016 Little Mermaid production;
iv) Unionville
Village Conservancy & Stiver Mill Farmers' Market be awarded $4,500 for
Stiver Mill Farmers' Market;
v) Unionville
Presents Thursday Nights at the Bandstand be awarded $5,000 for Summer
Live/Free Concert Series - Thursday Night Unionville Millennium Bandstand;
vi) Cherish
Integrated Services be awarded $4,000 for Cherish's One and Only Artfest;
vii) Markham
Concert Band be awarded $4,000 for Unionville Concert Sundays;
viii) The
Society for Thornhill Preservation be awarded $5,000 for the Thornhill
Wheatsheaf Festival;
ix) Sing
Fai Sports Club be awarded $2,500 for opening
ceremonies at the Sing Fai Asian
Community Games;
x) Markham
Fair & East York Agricultural Society be
awarded $4,500 for Markham Fair
Harvest Moon Festival; and,
4) That the following Celebrate Markham
grants be approved for the Major Community Festivals Category (as per Attachment 2):
i) Markham
Jazz Festival be awarded $10,000 for Markham Jazz Festival;
ii) Markham
Rotary Club Foundation be awarded $5,000 for Markham RibFest;
iii) Markham
Village Music Festival be awarded $10,000 for Markham Village Music Festival on Main
Street and Morgan Park;
iv) Power
Unit Youth Organization be awarded $10,000 for Night It Up!;
v) Federation
of Chinese Canadians in Markham be awarded
$10,000 for Taste of Asia Festival,
subject to providing an Outcome/Financial report on the Celebrate Markham grant
provided in the 1st funding cycle under the new Program for the 2016
Lunar New Year event;
vi) Unionville
Festival be awarded $10,000 for the Unionville Festival 2016; and,
5) That the following Celebrate Markham
grants be approved for the Seniors’ Clubs Category (as per Appendix 3):
i) Middlefield Seniors' Wellness Club be
awarded $2,000 for Middlefield Seniors';
ii) Angus
Glen Older Adults be awarded $3,000 for Club Sound Equipment;
iii) Markham
Sunglow Seniors be awarded $1,000 for Seniors Healthy Life;
iv) Markham
XiangHe Club be awarded $1,000 for Happy and Healthy Seniors;
v) Boxgrove
Seniors be awarded $1,000 for Enhancing the Life of Seniors;
vi) Paradise
Senior Association of Markham be awarded $1,000 for Seniors' Social Activities
- Victoria Park Square;
vii) Markham
United Senior and Family Association be awarded $1,000 for Physical and
Emotional Wellness Program;
viii) Seniors'
Enrichment Centre be awarded $1,000 for Celebrating SEC;
ix) Armadale
Punjabi Seniors be awarded $1,000 for Summer Mela;
x) Seniors'
Association be awarded $1,000 for Seniors Winter Activities Ward 6;
xi) Canada
One Network be awarded $2,000 for Canada One Seniors; and
xii) Markham
Tamil Seniors be awarded $1,000 for Meetings at Armadale CC; and,
6) That the following Celebrate Markham
grants be approved for the Sport Events Category (as per Appendix 4):
i) Pickleball Association of Ontario
(PAO) be awarded $2,000 for PAO annual Provincial Championship;
ii) MUMBA Basketball be awarded $5,000 for MUMBA Basketball Ontario
Provincial Cup;
iii) Markham District Baseball Association be awarded $5,000 for Ontario Baseball Association Provincial
Championships;
iv) Markham Speed Skating Club be awarded $2,000 for Angus Glen CC Regional Race Meet;
v) Table Tennis Canada be awarded $10,000 for 2016 International Table Tennis
Federation North American Olympic Qualification Tournament; and,
7) That Tourism Markham/Information Markham be awarded $2,500 for
website design/content and be integrated with the “Destination Markham”
Strategic Initiative by 2017; and,
8) That subject to
approval by Council, this Staff report showing recommended applications be
posted on the Celebrate Markham website for applicant’s and the public’s
information, along with Council’s resolution; and,
9) That an additional
Celebrate Markham application intake be held in April/May 2016 to address
transition to the new system for the period October 1, 2016 to March 31, 2017; and,
10) That the remaining funds
be held until the end of 2016 and be used to assist with transitioning to the
revised Celebrate Markham Program, including funding grants resulting from the
additional application intake to be held in April/May 2016 and to improve
processing applications as noted in recommendation 11 below; and,
11) That Staff investigate
the use of software and development of an improved website to better manage
application processing, as well as improve the efficiency, tracking and
reporting on Celebrate Markham applications using remaining 2016 Program funds,
or funds identified as part of the 2017 budget process; and further,
12) That Staff be authorized
and directed to do all things necessary to give effect to this resolution.
Carried
(10) MARKHAM
TENNIS CLUBHOUSE RECONSTRUCTION (5.0)
Report Attachment
A
1) That
the report “Markham Tennis Clubhouse Reconstruction” be received; and,
2) That
Council approve reconstruction of the Markham Tennis Clubhouse to a maximum
cost of $150,000; and,
3) That
the reconstruction cost be equally shared by the City and Markham Tennis Club,
with maximum contribution of $75,000 from the Markham Tennis Club; and,
4) That
the City provide an interest free loan to the Markham Tennis Club equivalent to
50% of the reconstruction cost to a maximum amount of $75,000 to be paid back
in 20 years with no interest; and,
5) That
the Markham Tennis Club commence repayment of the loan in May 1, 2017, the
first year the clubhouse will be ready for use; and,
6) That
Council authorize the Mayor and Clerk to execute an agreement with the Club in
a form satisfactory to the City Solicitor and Chief Administrative Officer for
the repayment related to the reconstruction of the clubhouse; and further,
7) That
Staff be authorized and directed to do all things necessary to give effect to
this resolution.
Carried
(11) CANADA
150 COMMUNITY INFRASTRUCTURE PROGRAM (7.6)
Report
1) That the report,
“Canada 150 Community Infrastructure”, be received; and,
2) That the City of
Markham proceed with Rehabilitation of Veterans
Square and Cenotaph in Historic Markham Village – Phase 1, and enter
into a contribution agreement for federal funding up to a total of $950,000
under the Canada 150 Community Infrastructure Program; and,
3) That the Rehabilitation of Veterans Square and Cenotaph in Historic Markham
Village – Phase 1 be funded from project #16034 “Markham Village
Library Square – Phase 1 Construction” in the amount of $1,933,400 which
consists of the following funding sources:
Development
Charges in the amount of $885,060, and
Non-DC Growth in
the amount of $98,340; and
Canada 150 grant
of up to $950,000, subject to eligible cost conditions; and,
4) That the City of
Markham proceed with Improvement of Main
Entrance to Thornhill Community Centre with Benjamin Thorne Tribute,
and enter into a contribution agreement for federal funding up to a total of
$133,571 under the Canada 150 Community Infrastructure Program; and,
5) That the Improvement of Main Entrance to Thornhill Community Centre with Benjamin
Thorne Tribute be funded from project #15112 “Culture Public Art”
and project #16078 “Culture Public Art Program” in the amount of $500,571 which consists of the following funding
sources:
$150,000 to be
funded from capital project #15112 “Culture Public Art”
$350,571 to be
funded from capital project #16078 “Culture Public Art Program” which includes
Canada 150 grant of up to $133,571, subject to eligible cost conditions; and,
6) That the Mayor and City
Clerk be authorized to execute both contribution agreements, in a form and
content satisfactory to the City Solicitor and Commissioner of Community &
Fire Services and the Commissioner of Development Services; and,
7) That the Culture
Department undertake a call and/or direct commission as per the process
identified in the Public Art Policy to commission an artist to design the
Benjamin Thorne monument; and,
8) That Staff proceed with
tendering, and tender award as required for Phase 1 of the Veterans Square and
Cenotaph rehabilitation and associated landscape works; and,
9) That the Culture
Department undertake a national competition call as per the process identified
in the Public Art Policy to commission an artist to redesign the Markham
Cenotaph, with support from the Markham District Veterans Association (MDVA);
and,
10) That the Chief
Administrative Officer be delegated the authority to award the construction
tender to the successful bidder provided that the project is within budget or
can be made to come within budget through selected scope changes and/or
corresponding price adjustments and/or budget allocation changes; and,
11) That the Director of
Planning and Urban Design, or designate, be delegated authority for Site Plan
Approval, if required; and further,
12) That Staff be authorized
and directed to do all things necessary to give effect to this resolution.
Carried
7. MOTIONS
There were no
motions.
8. NOTICES OF MOTIONS
There were no
notices of motions.
9. COMMUNICATIONS
Moved by Deputy
Mayor Jack Heath
Seconded by Councillor
Alex Chiu
That Council
receive and consent to the disposition of communications in the following
manner:
Received
5-2016 ONTARIO
MUNICIPAL BOARD (OMB) DECISION - KING DAVID INC., 10340, 10350 AND 10370
WOODBINE AVENUE (13.13)
OMB
Decision
Summary from the City Solicitor:
On
March 21, 2015, the Ontario Municipal Board issued its decision respecting the
appeal by King David Inc (the “Appellant”) respecting the City’s failure to
make a decision regarding applications for Official Plan and Zoning By-law
Amendments, draft plan of subdivision and site plan (the
"Applications") at 10340, 10350, 10370 Woodbine Avenue, which lands
are bounded by Donald Buttress Boulevard and Pope John Paul II Square to the
south, Woodbine Avenue to the east, and Anthony Roman Avenue to the north. The Cathedral of the Transfiguration is
located in the centre of the lands. The
Applications permit a mixed residential and commercial development, a place of
worship. The lands will be developed in
three phases, with phase 1 consisting of two 4-storey buildings with a total of
206 residential units, and 24 ground floor commercial units.
The
Board heard expert land use planning evidence from Bob Forhan, the Appellant’s
planning consultant. Several area
residents also participated in the hearing. The City did not call any expert
evidence.
The
Board allowed the appeal and approved phase 1 of the application. Phases 2 and 3 will be case managed by the
Board, and City staff will bring forward confidential recommendation reports as
the Appellant proceeds with further development on the site.
(By-laws 2016-27 and 2016-28)
Carried
10. PROCLAMATIONS
(1) PROCLAMATION
AND FLAG RAISING REQUESTS (3.4)
Moved by Councillor
Alex Chiu
Seconded by Councillor
Valerie Burke
1) That the following proclamation, issued by the City Clerk in
accordance with the City of Markham Proclamation Policy, be received for
information purposes:
-
Pakistan National Day (March 23,
2016)
- Greek Independence Day
(March 25, 2016)
- Epilepsy Awareness
Month (March 2016)
- Purple Day (Epilepsy
Awareness) (March 26, 2016)
- World Autism Awareness
Day (April 2, 2016)
- National Wildlife Week
(April 10 to 16, 2016)
- Be Kind to Animals
Week (May 8 to 14, 2016)
- Israel's Independence
Day (May 12, 2016)
- Multiple Sclerosis
Awareness Day (May 25, 2016)
- Philippine Week (June
5 to 12, 2016)
- World Polio Day
(October 21, 2016) ; and,
2) That
the following request for flag to be raised at the Anthony Roman Markham Civic
Centre flagpole, approved by the City Clerk in accordance with the City of
Markham Community Flag Raisings & Flag Protocol Policy, be received for
information purposes:
- Flag of Pakistan
(March 23, 2016)
- Flag of Greece (March
21 to 25, 2016)
- Autism Ontario's Flag
(April 4, 2016)
- Flag of Israel (May
12, 2016)
- Multiple Sclerosis
Flag (May 25, 2016)
- Philippine Flag (June
5 to 12, 2016)
- End Polio Now Flag
(October 21, 2016); and further,
3) That the following new request for
proclamation be approved and added to the Five-Year Proclamations List approved
by Council:
- Be a Donor Month
(April 2016)
Carried
11. NEW/OTHER BUSINESS
(1) NATIONAL ZERO WASTE
COUNCIL MEMBERSHIP APPOINTMENT (5.1)
Memo Report
Moved by Regional
Councillor Nirmala Armstrong
Seconded by Councillor
Valerie Burke
1) That
the memorandum dated March 7, 2016 from the Commissioner of Community and Fire
Services providing additional information concerning the composition of members
for the National Zero Waste Council be received; and,
2) That the report entitled "National Zero Waste Council
Membership Appointment" be received; and,
3) That the City of Markham joins Canada’s National Zero Waste Council;
and,
4) That Deputy Mayor Jack Heath be appointed to represent Markham as a
member of the National Zero Waste Council; and further,
5) That Staff be authorized and directed to do all things necessary to
give effect to this resolution.
Carried
(2) ONTARIO
MUNICIPAL BOARD (OMB) REFORMATION SUMMIT
- MAY 14, 2016 (10.0)
Council was advised
of the Ontario Municipal Board (OMB) Reformation Summit being held in Markham
on May 14, 2016.
12. BY-LAWS
(By-laws 2016-27 and 2016-28 were
approved by OMB)
(For
information only to facilitate the assignment of a by-law number)
BY-LAW 2016-27 KING DAVID INC., 10340, 10350 AND 10370
WOODBINE AVENUE, AMENDMENT TO THE IN FORCE OFFICIAL PLAN (REVISED 1987), AS AMENDED APPROVED
BY ONTARIO MUNICIPAL BOARD (OMB)
A by-law to adopt an Official Plan Amendment 233
to the in force Official Plan (Revised 1987), as amended, to permit residential
and commercial development.
(Communication No. 5-2016)
OPA
BY-LAW 2016-28 KING DAVID INC., 10340, 10350 AND 10370
WOODBINE AVENUE, ZONING BY-LAW AMENDMENT APPROVED BY ONTARIO MUNICIPAL BOARD
(OMB)
A by-law to amend By-law 304-87, as amended
and 177-96, as amended, to permit residential and commercial development.
(Communication No. 5-2016)
By-law
Moved by
Councillor Alex Chiu
Seconded by Councillor
Logan Kanapathi
That By-laws
2016-29 to 2016-33, 2016-35 and 2016-36 be given three readings and enacted.
Three Readings
BY-LAW 2016-29 A BY-LAW TO AMEND PARKING BY-LAW 2005-188 (EUREKA STREET AND
FRED VARLEY DRIVE TEMPORARY PARKING PROHIBITION)
(Item No. 1, Report No. 7)
By-law
Carried
BY-LAW 2016-30 PRISTINE HOMES (GREENSBOROUGH) INC., PART LOT CONTROL EXEMPTION
BY-LAW
A by-law to designate part of a certain plan of subdivision not
subject to Part Lot Control, Blocks 34 and 35, Registered Plan 65M-4334,
north of Donald Cousens Parkway and south of Major Mackenzie Drive East and
west of 9th Line, within the Greensborough Community.
By-law
Carried
BY-LAW 2016-31 EBRAHIM JAVADY TORABI, 2968 ELGIN MILLS ROAD EAST, AMENDMENT TO THE IN FORCE
OFFICIAL PLAN (REVISED 1987), AS AMENDED
A by-law to adopt an Official Plan Amendment No.
234 to the in force Official Plan (Revised 1987), as amended, to permit the
development of semi-detached dwellings.
(Item No. 1, Report No. 8)
OPA
Carried
BY-LAW 2016-32 EBRAHIM JAVADY TORABI, 2968 ELGIN MILLS ROAD EAST, AMENDMENT TO THE NEW COUNCIL
ADOPTED OFFICIAL PLAN (2014)
A by-law to adopt an Official Plan Amendment No.
8 to the new Council adopted Official Plan (2014), as amended, to permit the
development of semi-detached dwellings.
(Item No. 1, Report No. 8)
OPA
Carried
BY-LAW 2016-33 EBRAHIM JAVADY TORABI, 2968 ELGIN MILLS ROAD EAST, ZONING
BY-LAW AMENDMENT
A by-law to amend By-laws 83-73 and 177-96,
amended, to permit the development of semi-detached dwellings.
(Item No. 1, Report No. 8)
By-law
Carried
BY-LAW 2016-35 NEAMSBY INVESTMENTS INC., PART LOT CONTROL EXEMPTION BY-LAW
A by-law to designate part of a certain plan
of subdivision not subject to Part Lot Control, Part of
Block 16, Plan M-1915, Designated as Parts 1 to 4 inclusive and Parts 7 to 14
inclusive, Plan 65R-31689 and Parts 5 to 9 inclusive, Plan 65R-26070,
north-east corner of Warden Avenue and Denison Street.
By-law
Carried
BY-LAW 2016-36 A BY-LAW TO AMEND PARKING
BY-LAW 2005-188 (PARKING RESTRICTION ON THE EAST SIDE OF WASHINGTON STREET,
BETWEEN HIGHWAY 7 AND JOSEPH STREET)
(Item No. 6, Report No. 9)
By-law
Carried
13. IN-CAMERA ITEMS
Moved by Councillor
Alan Ho
Seconded by Regional
Councillor Jim Jones
That, in
accordance with Section 239 (2) of the Municipal Act,
Council resolve into an in-camera session to discuss the following matters (8:39
PM):
Council – March 22, 2016
(1) MINUTES
OF IN-CAMERA COUNCIL MEETING
- MARCH 1, 2016 (16.0)
[Section 239 (2) (a) (b) (c) (d) (e)
Development Services Committee – March 7, 2016
(2) LITIGATION OR POTENTIAL LITIGATION,
INCLUDING MATTERS BEFORE ADMINISTRATIVE TRIBUNALS, AFFECTING THE MUNICIPALITY
OR LOCAL BOARD
(CF/OT BUTTONVILLE PROPERTIES, 2833 16TH AVENUE, WARD 2) (8.0)
[Section 239 (2) (e)]
General
Committee – March 21, 2016
(3) PERSONAL
MATTERS ABOUT AN IDENTIFIABLE INDIVIDUAL, INCLUDING MUNICIPAL OR LOCAL BOARD
EMPLOYEES (BOARD/COMMITTEE APPOINTMENT) (16.24)
[Section 239 (2) (b)]
(4) PERSONAL
MATTERS ABOUT AN IDENTIFIABLE INDIVIDUAL, INCLUDING MUNICIPAL OR LOCAL BOARD
EMPLOYEES (13.7)
[Section 239 (2) (b)]
(5) PROPOSED
OR PENDING ACQUISITION OR DISPOSITION OF LAND BY
THE MUNICIPALITY OR LOCAL BOARD (WARD 2) (8.6)
[Section 239 (2) (c)]
Moved by Regional
Councillor Jim Jones
Seconded by Councillor
Amanda Collucci
That Council
rise from the in-camera session. (10:45 PM)
Carried
The in-camera
items were approved by Council as follows:
(1) MINUTES
OF IN-CAMERA COUNCIL MEETING
- MARCH 1, 2016 (16.0)
Moved by Deputy
Mayor Jack Heath
Seconded by Regional
Councillor Joe Li
1) That the Council
In-camera Minutes dated March 1, 2016 be confirmed.
Carried
(2) LEGAL
ADVICE REGARDING AN APPLICATION BY
CF/OT BUTTONVILLE PROPERTIES
LP FOR
OFFICIAL PLAN AMENDMENT &
NEW SECONDARY PLAN
FOR THE BUTTONVILLE AIRPORT
LANDS
2833 16TH AVENUE,
MARKHAM
FILE OP 11 115381 (10.3, 10.4)
Moved by Deputy
Mayor Jack Heath
Seconded by Regional
Councillor Joe Li
1) That the confidential report titled
“Legal Advice Regarding an Application by CF/OT Buttonville Properties LP for
Official Plan Amendment & New Secondary Plan for the Buttonville Airport
Lands, 2833 16th Avenue, Markham, File OP 11 115381,” be received;
and,
2) That Council endorse the Proposed
Settlement attached as Appendix A of this Report, subject to the satisfactory
resolution of the matters set out in this Report; and,
3) That staff be authorized to negotiate
the content of the Secondary Plan Amendment with the applicant, in consultation
with the applicable public agencies and in accordance with this Report; and,
4) That Council authorize the City
Solicitor or her designate to execute minutes of settlement satisfactory to the
City Solicitor and the Commissioner of Development Services to ensure that the
applicant and other parties to the appeal support the proposed settlement and
conditions described in this Report at the Ontario Municipal Board; and,
5) That the City Solicitor or her
designate be directed to attend the OMB hearing to support the settlement of
the applicant’s appeal, as described in this Report; and,
6) That Staff report back regarding any
agreement reached between Ministry of Transportation, Region of York and City
of Markham regarding transportation requirements for Phase 1 and related
funding sources; and,
7) That staff report back to Council
regarding the final minutes of settlement executed before the Ontario Municipal
Board, and the proposed Secondary Plan Amendment; and further,
8) That staff be authorized to do all
things necessary to give effect to this resolution.
Carried
(3) APPOINTMENTS TO BOARDS/COMMITTEES
(16.24)
Moved by Deputy
Mayor Jack Heath
Seconded by Regional
Councillor Joe Li
1) That
the following persons be appointed the Children’s Festival Committee:
Name Term
Susan Samuel November
30, 2019
Adriana Scali November
30, 2019
Masud Sethi November
30, 2017
Shelly Srivastav November
30, 2017
Saadia Zakki November
30, 2018.
Carried
(4) PERSONAL MATTERS ABOUT
AN IDENTIFIABLE INDIVIDUAL, INCLUDING MUNICIPAL OR LOCAL BOARD EMPLOYEES (13.7)
[Section 239 (2) (b)]
Council consented to not report out on this matter at this time.
(5) PROPOSED
OR PENDING ACQUISITION OR DISPOSITION OF LAND BY
THE MUNICIPALITY OR LOCAL BOARD (WARD 2) (8.6)
[Section 239 (2) (c)]
No action was
taken by Council on this matter.
14. CONFIRMATORY BY-LAW
Moved by Councillor
Alex Chiu
Seconded by Councillor
Alan Ho
That By-law 2016-34
be given three readings and enacted.
Three Readings
BY-LAW 2016-34 A BY-LAW TO CONFIRM THE PROCEEDINGS OF THE COUNCIL MEETING OF MARCH
22, 2016.
By-law
Carried
15. ADJOURNMENT
Moved by Councillor
Alex Chiu
Seconded by Councillor
Valerie Burke
That the Council Meeting be adjourned at 10:47 PM.
Carried
_________________________________ _______________________________
Kimberley
Kitteringham Frank
Scarpitti
City
Clerk Mayor
(Signed)