November
11, 2008
COUNCIL MINUTES Council Chamber, Civic Centre
Meeting No. 16
ROLL
CALL
Mayor F. Scarpitti, Deputy Mayor J. Heath, Regional Councillor J. Jones, Regional Councillor T. Wong, Regional Councillor G. Landon, Councillor V. Burke, Councillor E. Shapero, Councillor J. Virgilio, Councillor C. Moretti, Councillor J. Webster, Councillor D. Horchik, Councillor A. Chiu.
REGRETS
Councillor L. Kanapathi.
The Regular Meeting of Council was held on November 11, 2008 at 7:03 p.m. in the Council Chamber, Civic Centre. Mayor F. Scarpitti presided.
STAFF
J. Livey, Chief Administrative Officer
J. Baird, Commissioner of Development Services
A. Taylor, Commissioner of Corporate Services
B. Librecz, Commissioner of Community and Fire Services
C. Conrad, Town Solicitor
K. Kitteringham, Town Clerk
A. Tari, Committee Clerk
B. Cribbett, Treasurer
J. Wong, Technology Support
Specialist
P. Loukes, Director of Operations
S. Tam, Manager, Business Planning and Innovation
A. Brown, Director of Engineering
I. Kutter, Auditor General
1. DISCLOSURE OF PECUNIARY INTEREST
None declared.
2. MINUTES
(1) COUNCIL MINUTES - OCTOBER 28, 2008
Moved by Councillor A. Chiu
Seconded by Councillor E. Shapero
That the Minutes of the
Council Meeting held on October 28, 2008, be adopted.
CARRIED
3. PRESENTATIONS
Council consented to add Presentations (3) to (5).
(1) UNITED
WAY OF YORK REGION
2008 CAMPAIGN PRESENTATION
(12.2.6)
Mr.
Daniele Zanotti, CEO, presented their 2008 United Way of York Region Campaign
and the new report entitled "…if addressed". The report juxtaposes
the findings of a 1979 report prepared by the former Social Planning Council of
Metropolitan Toronto and entitled "Metro’s Suburbs in
Transition", with current demographic trends and patterns of
York Region.
Moved by Regional Councillor T. Wong
Seconded by Councillor J. Webster
That the
presentation of Mr. Daniele Zanotti, CEO, United Way of York Region regarding
their 2008 campaign and the release of a new report entitled "…if
addressed", be received.
CARRIED
(2) LEVEL
3 AWARD (BEST IN CLASS)
CERTIFICATE OF EXCELLENCE FROM
PUBLIC SECTOR QUALITY FAIR (12.0)
Council was presented with the Level 3 Award (Best in Class) Certificate of Excellence received from 2008 Public Sector Quality Fair (PSQF). The aim of the PSQF is to increase the awareness and use of accepted quality principles and practices by celebrating successes, sharing ideas, learning about best practices, and providing inspiration. The PSQF Organizing Committee partnered with the federal and provincial governments, the Toronto District School Board, and the National Quality Institute (NQI) to hold this year's event on September 8 at the Metro Toronto Convention Centre.
Mr. Peter Loukes, Director, Operations and Ms. Sara Tam, Manager, Business Planning and Innovation, were in attendance to present this award.
(3) 2008 REMEMBRANCE DAY SERVICE (12.2.6)
Council observed two minutes of silence in honour of Remembrance Day. Council also commented on the 2008 Remembrance Day Service held at the Markham Theatre.
Moved by Councillor C. Moretti
Seconded by Councillor A. Chiu
That appreciation be extended to Councillor C. Moretti, Ms. Wendy Lucas and the following staff for a job well done in organizing a moving 2008 Remembrance Day Service:
Sandra Sealy,
Bonnie Leonard, Barbara Nanninga, Anna Cowan, Julianna Tso, Michelle Gibbons, Kimerley
Dunsmore, Kayla Sealy, Cynthia Taylor-Huff, Marina Antonoglou, Elsa Fiorino, Joanne
Olson, Olivia Bella, Anna Rose, Laurie Canning, Lilli Duoba and Bill Snowball.
CARRIED
(4) MARKHAM'S 10 YEAR ECONOMIC DEVELOPMENT
STRATEGY (10.16)
Council commented on the successful launching of Markham's 10 Year Economic Development Strategy and thanked all individuals for their excellent efforts in organizing this event.
Moved by Regional Councillor T. Wong
Seconded by Councillor J. Webster
That Council
thank Regional Councillor T. Wong, Mr. Jim Baird, Commissioner of Development
Services, Mr. Stephen Chait, Director of Economic Development, Mr. Brian
O'Connor, Consultant, Reed Jones Consulting and the following staff for the
successful launching of Markham's 10 Year Economic Development Strategy held on
October 31, 2008:
Christina Kakaflikas, Suzanne McCrimmon, Huyen Hare, Christine
Wilson, Sandra Tam, Don De Los Santos, Dennis Flaherty, Kathleen Graver and Andrew McNeilage.
CARRIED
(5) TRANSPORTATION
PLAN
- GRIDLOCK, RAPID TRANSIT AND
YOU: A TRANSIT PLAN (12.2.6)
Council thanked Councillor J. Virgilio for initiating the proposal to hold a transportation summit in Markham. Council also extended congratulations to all individuals for organizing such a successful summit.
Moved by Councillor J. Virgilio
Seconded by Deputy Mayor J. Heath
That appreciation be extended to Councillor J. Virgilio for initiating the proposal to hold a Transportation Summit - "Gridlock, Rapid Transit and You: A Transit Plan"; and,
That Council thank the following staff for organizing such a successful summit held on November 2 and 3, 2008:
"Regional Councillor J. Jones, Regional Councillor G. Landon, Jim Baird, Janet Carnegie, Meg West, Dennis Flaherty, Kathleen Graver, Don Taylor, Diane Sewell and Anna Rose."
CARRIED
4. DELEGATIONS
There were no delegations.
5. PETITIONS
There were no petitions.
6(a) REPORT NO. 54 - GENERAL COMMITTEE (November 3, 2008)
Moved by Regional Councillor G. Landon
Seconded by Councillor J. Virgilio
That Report No. 54 - General Committee comprised of 5 items be received and adopted.
(1) APPOINTMENTS TO ADVISORY COMMITTEES (16.24)
That Mr. Greg Dabrus be appointed to the Leash Free Markham Committee for the term ending November 30, 2010; and,
That the Cycling and Pedestrian Advisory Committee request Council to declare two (2) positions on the Cycling and Pedestrian Advisory Committee (CPAC) vacant, and request staff to take the necessary steps to advise the incumbents and advertise for replacement members.
(2) TAX WRITE-OFFS IN ACCORDANCE
WITH SECTION 354 OF THE MUNICIPAL ACT, 2001 (7.1)
That taxes totalling $248,197.10 (includes penalty and interest in the amount of $10.62) as set out in the report entitled “Tax Write-Offs in Accordance with Section 354 of the Municipal Act, 2001”, dated November 3, 2008, be written off pursuant to the provisions of Section 354 of the Municipal Act, 2001, of which the Town’s portion is $178, 195.17; and,
That the applicable penalty and /or interest charges be adjusted accordingly; and further,
That the Treasurer be directed to remove the taxes from the Collector’s Roll.
(3) PROPOSED 2009 WATER/WASTEWATER
RATE INCREASE (5.3)
That the
report dated November 3, 2008 entitled “Proposed 2009 Water/Wastewater Rate
Increase” be received; and,
That staff be authorized to hold a public
meeting on November 18, 2008 at 6:45 p.m. on the proposed 2009 Water/Wastewater
rate increase.
(4) AUDITOR GENERAL UPDATE (6.7)
That the reports entitled “Auditor General Mandate and Auditor General Audit Plan” be received and approved; and,
That the Auditor General be authorized and directed to do all things necessary to give effect to this resolution.
(5) MUSEUM
COLLECTIONS BUILDING (6.7)
That the presentation of The Ventin Group relating to the design of the
proposed Museum Collections Building be received; and,
That the deputation from Mr. L. Smith, on behalf of the Markham
Historical Society, in support of the proposal to relocate the sundial, be
received; and,
That the Ventin Group be authorized to proceed with the Collections
Building detailed design, site plan application and the tendering for the
project; and,
That staff report back to General Committee to award the construction
tender for the project; and further,
That staff be authorized and directed to do all things necessary to
give effect to the resolution.
CARRIED
6(b) REPORT
NO. 55 - DEVELOPMENT SERVICES COMMITTEE (November 4, 2008)
Moved by Councillor J. Webster
Seconded by Councillor D. Horchik
That Report No. 55 - Development Services Committee comprised of 3
items be received and adopted.
(1) ENVIRONMENTAL POLICY REVIEW
AND CONSOLIDATION STUDY
PRESENTATION
AND STUDY PROCESS UPDATE (5.7)
That the staff report entitled Environmental Policy Review and Consolidation Study Presentation and Study Process Update, dated November 4, 2008 be received; and,
That the presentation on the Environmental Policy Review and Consolidation Background Report and Policy Framework be received; and,
That the Draft Environmental Policy Review and Consolidation Study Background Report including the mapping be received and released for public input and review; and,
That
a public information meeting be scheduled for December 9, 2008 at the Civic
Centre; and further,
That Staff be authorized and directed to do all things necessary to give effect to this resolution.
CARRIED
(2) BOX GROVE HILL DEVELOPMENTS INC.
APPLICATIONS FOR APPROVAL OF
DRAFT PLAN OF SUBDIVISION
(19TM-05018)
AND IMPLEMENTING ZONING BY-LAW
AMENDMENT
TO PERMIT A RESIDENTIAL PLAN
OF SUBDIVISION
AT 6788 14TH
AVENUE, WITHIN THE BOX GROVE COMMUNITY (10.7, 10.5)
That the report dated November 4, 2008 entitled, “RECOMMENDATION REPORT, Box Grove Hill Developments Inc., Applications for Approval of Draft Plan of Subdivision (19TM-05018) and implementing Zoning By-law Amendment to permit a residential plan of subdivision at 6788 14th Avenue, within the Box Grove Community” be received; and,
That the record of the Public Meeting held on January 24, 2006 regarding the applications for approval of Draft Plan of Subdivision and implementing Zoning By-law Amendment be received; and,
That the draft plan of subdivision (19TM-05018) by Box Grove Hill Developments Inc. to permit 26.5 single-detached lots on the north side of 14th Avenue, east of 9th Line within the Box Grove Community be draft approved subject to the conditions outlined in Appendix ‘A’; and,
That Zoning By-law Amendment application (ZA 05 023033) to amend By-laws 304-87, as amended, 194-82, as amended, and 177-96, as amended, for lands on the north side of 14th Avenue, east of 9th Line within the Box Grove Community, be approved and the implementing Zoning By-law attached as Appendix ‘B’ be finalized and enacted; and,
That in addition to the 22.5 units (83.3 population) of servicing allocation previously granted to this proposed development, 4 units (14.8 populations) of servicing allocation, from the allocation previously assigned to the Box Grove Trustee, be granted to Draft Plan of Subdivision
19TM-05018; and,
That the Town reserves the right to revoke or re-allocate servicing allocation at it’s sole discretion, should development not proceed in a timely manner; and,
That the Owner provide to the Town the required payment of 30% subdivision processing fees in accordance with the Town’s Fee By-law; and,
That the Owner agrees to pay their proportionate share of the Highway 48 flow control measures, to the satisfaction of the Director of Engineering; and,
That the draft plan approval for plan of subdivision 19TM-05018 will lapse after a period of three years commencing November 4, 2008 in the event that a subdivision agreement is not executed within that period; and further,
That staff be authorized and directed to do all things necessary to give effect to this resolution.
CARRIED
(3) AMENDMENT TO A DESIGNATION BY-LAW
UNDER PART IV OF THE ONTARIO
HERITAGE ACT
GAPPER-DUNCAN HOUSE
6 WISMER PLACE
RON AND JULIE CHRISTIAN
(16.11.3)
That
as recommended by
That the
Clerk’s Department be authorized to serve Council’s Notice of Intention to
Amend the Designation By-law as per the requirements of the Ontario
That
if there are no objections to the amendment in accordance with the provisions
of the Ontario
That
if there are any objections in accordance with the provisions of the Ontario
CARRIED
6(c) REPORT
NO. 56 - DEVELOPMENT SERVICES PUBLIC MEETING (November 4, 2008)
Moved by Councillor J. Webster
Seconded by Councillor D. Horchik
That Report No. 56 - Development Services Public Meeting comprised of 1
item be received and adopted.
(1) MICHAEL CHIAVATTI CONSTRUCTION LIMITED
ZONING BY-LAW AMENDMENT TO PERMIT
A RESIDENTIAL DEVELOPMENT
CONSISTING
OF 4 SINGLE DETACHED DWELLINGS
AT 4954 14TH AVENUE.
(ZA 07 128530) (10.5)
That the Development Services
Commission report dated September 16, 2008, entitled: “Preliminary
Report: Michael Chiavatti Construction
Limited. Application to amend the zoning by-law to permit a phased residential
development consisting of 4 single detached residential dwellings, 4954 14th
Avenue (ZA 07 128530) be received; and,
That
the Record of the Public Meeting held on November 4, 2008 with respect to the
proposed amendments to Zoning By-law
90-81, as amended, be received; and further,
That
the application by Michael Chiavatti Construction Limited to amend Zoning
By-law 90-81, as amended, be enacted without further notice.
CARRIED
7. MOTIONS
There were no motions.
8. NOTICES OF MOTIONS
There were no notices of motions.
9. COMMUNICATIONS
Moved by Councillor A. Chiu
Seconded by Deputy Mayor J. Heath
That Council
receive and consent to the disposition of communications in the following
manner:
Referred to all Members of
Council
85-2008 Minister of Citizenship and Immigrant of Ontario - Calling nominations for the following Programs:
- Volunteer Service Awards (In recognition of continuous years of service with a community organization) (Nomination closing date is January 25, 2009).
- June Callwood Outstanding Achievement Award (Awarded for superlative volunteer work undertaken by individuals, groups or businesses) (Nomination closing date is January 15, 2009).
- Ontario Medal for Young Volunteers (Presented
to outstanding young volunteers between the ages of 15 and 24) (Nomination date
is January10, 2009). (13.2)
Referred to Commissioner of
Development Services and Town Solicitor
86-2008 Ontario Municipal Board - Advising that the appeals against the Town of Markham Official Plan Amendment No. 167 have been withdrawn by Ibis Holdings Inc. and 1547155 Ontario Limited (Amendments to the Thornhill Secondary Plan for Thornhill District) (By-law 2007-189) (13.13)
CARRIED
10. PROCLAMATIONS
There were no proclamations.
11. NEW/OTHER BUSINESS
Council consented to separate New/Other Business (2).
(1) BUDGET
PRE-APPROVAL FOR BERCZY PARK
BASEBALL FIELD LIGHTING (6.11)
Moved by Regional Councillor J. Jones
Seconded by Councillor J. Virgilio
That the report dated November 11, 2008 entitled “Budget Pre-approval for Berczy Park Baseball Field Lighting” be received; and,
That funding for this project in the amount of $233,260 be approved in advance of Council approval of the overall 2009 Budget; and,
That the sources of funding for this project be from Development Charges (90% or $209,934) and from the Operating Budget (10% or $23,326); and further,
That staff be authorized and directed to do all things necessary to give effect to this resolution.
CARRIED
(2) MARKHAM'S
COMMENTS TO METROLINX
DRAFT REGIONAL TRANSPORTATION
PLAN (5.0)
Report Att1 Att2 Att3 Att4-0 Att4-1 RevisedReport
Moved by Regional Councillor J. Jones
Seconded by Deputy Mayor J. Heath
That the staff report entitled
“Town of Markham’s Comments on Metrolinx Draft Regional Transportation Plan”,
dated November 11, 2008, be received as revised by Council on November 11, 2008;
and,
That the additional public
comments received in response to the Town’s November 2 and 3 Transportation
Summit - “Gridlock, Rapid transit and You: A Transit Plan” (Attachment 4), be
received; and,
That Council endorse the Draft
Regional Transportation Plan subject to the comments and attachments set out in
this report; and,
That Metrolinx be advised of the
following highlights from the report:
1. That the Town of
Markham generally supports the vision and goals of the Metrolinx Draft Regional
Transportation Plan; and,
2. That Metrolinx be
requested to develop a centralized transportation authority; and
3. That Metrolinx and the
Province of Ontario be requested to review all opportunities to accelerate the
timing of implementation of the Draft Metrolinx Regional Transportation Plan;
and
4. That Metrolinx and the
Province of Ontario be requested to accelerate the development of a funding
methodology and strategy for the implementation of the Draft Metrolinx Regional
Transportation Plan in 2009; and,
5. That Metrolinx and the
Province of Ontario be requested to advance the development of the Highway 407
Light Rail Transit system (from Highway 403 in the west to Havelock Rail Line
in the East) as a priority within the first fifteen years of the Plan; and,
6. That Metrolinx be
requested to identify an East-West rapid transit link in the Northern portion
of the Town of Markham (e.g. Major Mackenzie Drive) for implementation within the
twenty-five 25 year timeframe (based on detailed transportation modeling to
address Provincial Growth Plan requirements); and,
7. That Metrolinx be
requested to incorporate any additional infrastructure identified by area
municipalities and/or the Region of York into the Metrolinx Draft Regional
Transportation Plan; and,
8. That Metrolinx and the
Province of Ontario be requested to investigate use of
state-of-the-art-technology (e.g. RFID) to allow a seamless use of public
transit across municipal jurisdictions/transit zones within the Greater Toronto
Area; and,
9. That Metrolinx be
requested to work with all stakeholders to develop transit-friendly policies and
programs (e.g. land use, development standards, parking strategies,
transportation demand management) to encourage use of public transit as an
alternative to vehicular travel; and further,
That Staff be authorized to send
copies of this report to the Premier of Ontario, the Minister of Transportation
of Ontario, the Minister of Energy and Infrastructure of Ontario, the Minister
of the Environment of Ontario, the Minister of Municipal Affairs and Housing of
Ontario, the Federal and Provincial Ministers of Finance, Area MPs and MPPs,
York Regional Municipalities, Metrolinx and the Region of York.
CARRIED AS AMENDED
(See following motion to amend)
Moved by Regional Councillor J. Jones
Seconded by Deputy Mayor J. Heath
That New/Other Business Item 2 be amended as follows:
Paragraph 1:
Paragraph 1 be amended to add "…as revised by Council on November 11, 2008…" after the words "…be received…".
Add the following as paragraph 4:
"That Metrolinx be advised of the following highlights from the report:
1. That the Town of
Markham generally supports the vision and goals of the Metrolinx Draft Regional
Transportation Plan; and,
2. That Metrolinx be
requested to develop a centralized transportation authority; and
3. That Metrolinx and the
Province of Ontario be requested to review all opportunities to accelerate the
timing of implementation of the Draft Metrolinx Regional Transportation Plan;
and
4. That Metrolinx and the
Province of Ontario be requested to accelerate the development of a funding
methodology and strategy for the implementation of the Draft Metrolinx Regional
Transportation Plan in 2009; and,
5. That Metrolinx and the
Province of Ontario be requested to advance the development of the Highway 407
Light Rail Transit system (from Highway 403 in the west to Havelock Rail Line
in the East) as a priority within the first fifteen years of the Plan; and,
6. That Metrolinx be
requested to identify an East-West rapid transit link in the Northern portion
of the Town of Markham (e.g. Major Mackenzie Drive) for implementation within the
twenty-five 25 year timeframe (based on detailed transportation modeling to
address Provincial Growth Plan requirements); and,
7. That Metrolinx be
requested to incorporate any additional infrastructure identified by area
municipalities and/or the Region of York into the Metrolinx Draft Regional
Transportation Plan; and,
8. That Metrolinx and the
Province of Ontario be requested to investigate use of
state-of-the-art-technology (e.g. RFID) to allow a seamless use of public
transit across municipal jurisdictions/transit zones within the Greater Toronto
Area; and,
9. That Metrolinx be
requested to work with all stakeholders to develop transit-friendly policies and
programs (e.g. land use, development standards, parking strategies,
transportation demand management) to encourage use of public transit as an alternative
to vehicular travel;"
Last paragraph
Last paragraph be amended to include the following as recipients of the report regarding Town of Markham's comments on Metrolinx:
"The Premier of Ontario, the Minister of Transportation of Ontario, the Minister of Energy and Infrastructure of Ontario, the Minister of the Environment of Ontario, the Minister of Municipal Affairs and Housing of Ontario, the Federal and Provincial Ministers of Finance, Area MPs and MPPs, York Regional Municipalities."
12. BY-LAWS
Moved by Councillor A. Chiu
Seconded by Regional Councillor J. Jones
That By-law 2008-228
be given three readings and enacted.
Three Readings
BY-LAW 2008-228 A by-law to amend Municipal Law Enforcement Officers Appointment By-law 2002-178 and Parking By-law 2005-188 (To update the list for officers and tagging locations)
CARRIED
13. IN-CAMERA ITEMS
Moved by Regional Councillor J. Jones
Seconded by Regional Councillor G. Landon
That Council report the following Item (1) from in-camera agenda:
REPORT
OF GENERAL COMMITTEE - November 3, 2008
(1) FIRE
CHIEF RECRUITMENT PROCESS (11.6)
That staff be directed to proceed with the recruitment process for the position of Fire Chief with an Interview Committee comprised of Mayor F. Scarpitti, Councillor A. Chiu, CAO, Commissioner, Community and Fire Services, and Director, Human Resources; and,
That staff be directed to report back with a policy for handling the interview and appointment processes for Statutory Officers and staff who report directly to Council, including whether Council will approve the composition of the Interview Committees.
CARRIED
14. CONFIRMATORY BY-LAW
Seconded by Regional Councillor T. Wong
That By-law
2008-229 be given three readings and enacted.
Three Readings
BY-LAW 2008-229 A by-law to confirm the proceedings of the Council meeting of
November 11, 2008.
(Council Meeting No. 16, 2008)
CARRIED
15. ADJOURNMENT
Moved
by Councillor A. Chiu
Seconded
by Deputy Mayor J. Heath
That the Council meeting adjourn at 8:20 p.m.
CARRIED
__________________________________ ________________________________
KIMBERLEY KITTERINGHAM FRANK SCARPITTI
TOWN
CLERK MAYOR
(Signed)