COUNCIL MINUTES
October
18, 2011
Council
Chamber, Anthony Roman Markham Civic Centre
Meeting No. 17
Alternate
formats for this document are available upon request
ROLL
CALL
Mayor Frank
Scarpitti, Deputy Mayor Jack Heath, 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.
REGRETS
Regional
Councillor Jim Jones, Regional Councillor Gord Landon.
STAFF
Andy Taylor,
Chief Administrative Officer
Jim Baird,
Commissioner of Development Services
Catherine
Conrad, Town Solicitor
Brenda
Librecz, Commissioner of Community and Fire Services
Kimberley Kitteringham, Town
Clerk
Andrew Brouwer, Deputy Town
Clerk
Dennis
Flaherty, Director, Communications & Community Relations
Joel Lustig,
Treasurer
John Wong, Technology
Support Specialist
Ralph Capocci,
Chief of Staff to the Mayor
The Regular
Meeting of Council convened at 7:06 p.m. on October 18, 2011 in the Council
Chamber, Civic Centre.
1. DISCLOSURE OF PECUNIARY INTEREST
(1) None
declared.
2. MINUTES
(1) COUNCIL MINUTES – OCTOBER 4, 2011
Minutes
Moved by
Councillor Alex Chiu
Seconded by Councillor
Carolina Moretti
1) That
the Minutes of the Council Meeting held on October 4, 2011, be adopted.
CARRIED
3. PRESENTATIONS
There were no
presentations considered by Council.
4. DELEGATIONS
Council
consented to add Delegation Item Nos. 1 to 3.
(1) SURESH
PERCIRA
TREELINE COURT PARKING BY-LAW (2.17)
Moved by
Councillor Logan Kanapathi
Seconded by
Councillor Colin Campbell
1) That
the delegation of Suresh Percira to thank Council regarding the proposed By-law
2011-204, an amendment to Parking By-law 2005-188 (Treeline Court
administrative amendment), be received.
CARRIED
(2) JESSICA
A. POMPILIO, ON BEHALF DUFFERIN CONCRETE
AT 7655 WOODBINE AVENUE (10.5)
Moved by
Councillor Alex Chiu
Seconded by Councillor
Don Hamilton
1) That the delegation of Jessica A. Pompilio, on behalf Dufferin Concrete at 7655 Woodbine
Avenue, to propose a deferral of By-law 2011-203 regarding the application
submitted by Markham Free Methodist Church, 22 Esna Park Drive, to accommodate
a place of worship proposal, be received.
(See Communication Nos. 69-2011, 70-2011 and By-law 2011-203)
CARRIED
(3) SEAN
GOSNELL, BORDEN LADNER GERVAIS LLP,
ON BEHALF OF MARKHAM
FREE METHODIST CHURCH,
22 ESNA PARK DRIVE (10.5)
Moved by
Councillor Alex Chiu
Seconded by Councillor
Don Hamilton
1) That
the delegation of Sean Gosnell, Borden Ladner Gervais LLP, on behalf of Markham Free Methodist Church, 22 Esna Park Drive, to
support the enactment of By-law 2011-203 to accommodate a place of worship
proposal, be received. (10.5)
(See Communication Nos. 69-2011, 70-2011 and By-law 2011-203)
CARRIED
Moved by
Councillor Alex Chiu
Seconded by Councillor
Logan Kanapathi
That By-laws
2011-203 and 2011-204 be brought forward for consideration by Council
immediately following the delegations.
(See By-laws
Section of these minutes for Council decision on these by-laws)
CARRIED
5. PETITIONS
There were no
petitions considered by Council.
6(a) REPORT NO. 53 - GENERAL COMMITTEE (October
3, 2011)
Moved by Councillor
Carolina Moretti
Seconded by Councillor
Valerie Burke
That Report
No. 53 – General Committee comprised of 1 item be received and adopted.
(1) THEATRE
ENDOWMENT TERMS OF REFERENCE (6.5)
Report
Attachments
A-C Revised
App A
1) That
the report titled Theatre Endowment Terms of Reference be received; and,
2) That the document entitled “Theatre Endowment – Terms of Reference”
as outlined in Appendix A, as amended
at the October 3, 2011 General Committee meeting be approved; and,
3) That the Theatre Endowment comprises of the Theatre
Endowment Reserve Fund and Capital Improvement
Reserve Fund; and,
4) That the funds in the Capital Improvement
Reserve Fund be utilized for funding of new capital projects other
than those projects funded either from Life Cycle Replacement and Capital
Reserve; and,
5) That the Theatre Endowment Reserve
Fund and the Capital Improvement
Reserve Fund receive equal share of the allocated $1.00 ticket
handling fee (currently at $1.00 out of a $3.50 handling fee); and,
6) That the Theatre Endowment Reserve
Fund and the Capital Improvement
Reserve Fund receive equally the proportionate increase in allocated
ticket handling fee for any future increase to fees; and,
7) That an amount of $25,000 be transferred from the Theatre Endowment Reserve Fund to the Theatre operating
account annually for a period of four years (2012-2015), to fund special
initiatives (as per terms of Reference); and,
8) That a report be provided to Council on the usage of the
funds annually; and further,
9) That Staff be authorized and directed to do all things
necessary to give effect to this resolution.
CARRIED
6(b) REPORT NO. 54 - DEVELOPMENT SERVICES
COMMITTEE
(October 11, 2011)
Moved by Councillor
Don Hamilton
Seconded by Regional
Councillor Joe Li
That Report
No. 54 – Development Services Committee comprised of 2 items be received and
adopted.
(1) 2011
MARKHAM SMALL BUSINESS CENTRE
MARKETING PLAN (10.16)
Report
1) That
the report entitled “2011 Markham Small Business Centre Marketing Plan” be
received and endorsed; and,
2) That
Staff be authorized and directed to do all things necessary to give effect to
this resolution.
CARRIED
(2) 142-R-11
AWARD OF DESIGN SERVICES
FOR THE RECONSTRUCTION OF
MAIN STREET MARKHAM FROM HWY
407 TO HWY 7 (5.10)
Report Attachment
A Attachment
B
1) That
the report entitled “142-R-11 Award of Design Services for the Reconstruction
of Main Street Markham from Highway 407 to Hwy 7”, be received; and,
2) That
the contract “142-R-11 Design Services for the Reconstruction of Main Street
Markham” (from Highway 407 to Highway 7) be awarded to the highest ranked and
second lowest priced bidder McCormick Rankin Corporation, in the amount of
$582,632.99 HST included; and,
3) That
a contingency in the amount of
$87,394.95 inclusive of HST be established to cover any additional
design, contract administration and legal costs; and,
4) That
upon successful completion of the Design Services to the satisfaction of the
Engineering Department, that McCormick Rankin Corporation be retained to
complete the Contract Administration and Inspection Services in the estimated
amount of $468,096 HST included (4.6% of the estimated construction costs);
and,
5) That
the Director of Engineering be authorized to decrease or increase the estimated
Contract Administration and Inspection Services based on a fixed 4.6% fee as
per recommendation # 3 with the final tendered construction costs; and,
6) That
the Engineering Department shall apply a Project Management Fee in the amount
of $85,359.30 inclusive of HST; and,
7) That
funding for the project be provided from the approved Capital Account 083-5350-11068-005
which currently has funding in the amount of $1,564,100.00; and,
8) That
the remaining funding in the amount of $340,616.76 for the project be
contributed towards the construction cost scheduled for 2013; and further,
9) That
Staff be authorized and directed to do all things necessary to give effect to
this resolution.
CARRIED
6(c) REPORT NO. 55 - DEVELOPMENT SERVICES
PUBLIC MEETING
(October 11, 2011)
Moved by Councillor
Don Hamilton
Seconded by Councillor
Colin Campbell
(1) WYKLAND
ESTATES INC.
ZONING AMENDMENT APPLICATION
TO PERMIT ROOFED PORCHES TO
ENCROACH
INTO THE REQUIRED YARD
WEST OF CORNELL CENTRE BLVD.,
SOUTH OF 16TH AVENUE
(ZA.11-121981) (10.5)
Memo
1) That
the written submission from Marcel Patel in support of the Zoning Amendment
application by Wykland Estates Inc., be received; and,
2) That
the report dated October 11, 2011, entitled “Information Report, Wykland
Estates Inc., Zoning Amendment application to permit roofed porches to encroach
into the required yard, west of Cornell Centre Blvd, south of 16th
Avenue, File No: ZA.11-121981” be
received; and,
3) That
the Record of the Public Meeting held on October 11, 2011, with respect to the
proposed amendment to the Zoning By-law, be received; and,
4) That the application by Wykland Estates
Inc. to amend the Town’s By-law 177-96, as amended, be approved; and further,
5) That the proposed amendment to Zoning
By-law 177-96, as amended, be enacted without further notice.
CARRIED
(2) GLENN
& CHERYL HARRINGTON
ZONING AMENDMENT TO PERMIT
A BUSINESS OFFICE ON THE
SUBJECT LANDS
(6882 14TH AVENUE) (ZA
11 116392) (10.5)
Report Attachment
1) That
the report titled “PRELIMINARY REPORT, Glenn & Cheryl Harrington, Zoning
Amendment to permit a business office use within the existing residential
dwelling at 6882 14th Avenue, File No. ZA 11 116392,” dated
September 13, 2011 be received; and,
2) That
the Record of the Public Meeting held on October 11, 2011, with respect to the
proposed amendment to the Town of Markham’s Zoning By-law 194-82, as amended,
be received; and,
3) That
the application by Glenn & Cheryl Harrington to amend the Town’s By-law 194-82,
as amended, be approved; and further,
4) That
the proposed amendment to the Town’s Zoning By-law 194-82, as amended, be
enacted without further notice.
CARRIED
6(d) REPORT NO. 56 - GENERAL COMMITTEE (October
17, 2011)
Council
consented to separate Item No. 3. (See following Item No. 3).
Moved by Councillor
Carolina Moretti
Seconded by Councillor
Alan Ho
That Report
No. 56 – General Committee comprised of 4 items be received and adopted.
(1) 2012
STANDING COMMITTEE/ COUNCIL
MEETING SCHEDULE (16.0)
Attachment
1) That
the 2012 meeting schedule for Council and Standing Committees be approved.
CARRIED
(2) MINUTES
OF THE OCTOBER 7, 2011
COMMUNICATIONS COMMITTEE &
INFORMATION
TECHNOLOGY SUB-COMMITTEE (16.0
& 12.1))
September 28 October 7……Policy
1) That
the Minutes of the September 28 and October 7, 2011 Communications Committee
and Information Technology Sub-Committee be received for information purposes.
2) That Council endorse the Social Media Policy as approved by
the Communications Committee and Information Technology Sub-Committee, and,
3) That Markham Boards, Business
Improvement Areas and Committees be required to adhere to the Town’s Corporate
Social Media Policy; and,
4) That Markham District Energy and
Markham Enterprise Corporation be requested to consider adopting the Town’s
Social Media Policy if no such policy currently exists.
CARRIED
(3) MILLIKEN
MILLS LIBRARY FEASIBILITY STUDY (3.19)
Report
Moved by
Councillor Alex Chiu
Seconded by Deputy
Mayor Jack Heath
1) That the following
recommendation from the October 17, 2011 General Committee meeting entitled
“Milliken Mills Library Feasibility Study” be referred to a Special Council Workshop
to take place in 2011 if possible:
“That the staff report entitled “Milliken Mills
Library Feasibility Study”, dated September 28, 2011, be received; and,
That Option 3 (Partial Two Level Concept as identified in the Milliken
Mills Library Feasibility Study) be endorsed in principle as the preferred
option for potential library expansion; and,
That the potential expansion of the Milliken Mills Library be
considered as a future capital budget item with timelines to be coordinated
with the construction of the South East Library Branch; and further,
That Staff authorized and directed to do all things necessary to give
effect to this resolution.”
CARRIED
(4) ONTARIO
GOOD ROADS ASSOCIATION REQUEST
FOR NOMINATIONS TO 2012 -2013
BOARD OF DIRECTORS (5.10)
Attachment
1) That
the letter dated October 7, 2011 from the Ontario Good Roads Association
requesting nominations to the 2012 -2013 Board of Directors, be received; and,
2) That
Councillor Colin Campbell be nominated for the 2012-2013 Ontario Good Roads
Association (ORGA), Board of Directors.
CARRIED
7. MOTIONS
There were no
motions considered by Council.
8. NOTICES OF MOTIONS
There were no
notices of motions considered by Council.
9. COMMUNICATIONS
Council
consented to add Communication Nos. 69-2011 and 70-2011.
Moved by
Councillor Alex Chiu
Seconded by Councillor
Howard Shore
That Council
receive and consent to the disposition of communications in the following
manner:
Received
69-2011 JESSICA A.
POMPILIO, ON BEHALF DUFFERIN CONCRETE AT 7655 WOODBINE AVENUE (10.5)
- Requesting Council defer the enactment of By-law 2011-203 regarding
the application submitted by Markham Free Methodist Church, 22 Esna Park Drive,
to accommodate a place of worship proposal and providing comments with respect
thereto. Letter
CARRIED
70-2011 SEAN GOSNELL, ON
BEHALF OF MARKHAM FREE METHODIST CHURCH, 22 ESNA PARK DRIVE (10.5)
- Requesting Council proceed with the enactment of By-law 2011-203 to
accommodate a place of worship proposal and providing comments with respect
thereo. Letter
CARRIED
10. PROCLAMATIONS
(1) APPROVED
PROCLAMATIONS - FOR INFORMATION (3.4)
Moved by Councillor
Logan Kanapathi
Seconded by Councillor
Alan Ho
1) That the following proclamations issued by the Town Clerk in
accordance with the Town of Markham Proclamation Policy be received for
information purposes:
- German
Pioneers Day (October 11, 2011)
- Ontario Public Library Week (October 16 to 22, 2011)
- Crohn's & Colitis Awareness Month (November 2011).
CARRIED
11. NEW/OTHER BUSINESSES
Council
consented to add New/Other Businesses Item Nos. 1 and 2.
(1) UPDATE
ON POLICY FOR ESTABLISHING
TELECOMMUNICATION TOWERS
(10.0)
Mkm
Presentation S.
DAgostino R.
Copes
Moved by Councillor
Howard Shore
Seconded by
Councillor Alex Chiu
1) That
the presentation provided by the following representatives titled “Update on
Policy for Establishing Telecommunication Towers” at the October 18, 2011 Development
Services Committee meeting be received:
-
Anna Henriques, Town of Markham
-
Stephen D’Agostino, Thomson Rogers Barristers and Solicitors
(representing service providers Bell,
Rogers and Telus)
-
Dr. Ray Copes, Public Health Ontario; and,
2) That,
until a review of the Town’s Telecommunications Tower policy is completed,
community consultation be required within 120 metres for all Telecommunication
Tower applications; and further,
3) That
the verbal update provided by the Town Solicitor
at the October 18, 2011 Council meeting on the implications of
the proposed notification requirement be received.
CARRIED
(2) GOVERNMENT TECHNOLOGY EXHIBITION
AND CONFERENCE (GTEC)
2011 (11.12)
1) That
approval be given to Mayor Frank Scarpitti to attend the “Government
Technology Exhibition and Conference (GTEC)” being held in Ottawa on October
19, 2011; and,
2) That
the expenses related to the attendance of the conference be charged to Account
No. 110-1105200.
12. BY-LAWS
Moved by
Councillor Alex Chiu
Seconded by Councillor
Logan Kanapathi
That By-laws
2011-203 and 2011-204 be consideration by Council immediately following the
delegations.
CARRIED
Moved by Councillor
Logan Kanapathi
Seconded by Councillor
Alan Ho
That By-law 2011-204
be given three readings and enacted.
CARRIED
Moved by Councillor
Colin Campbell
Seconded by Councillor
Howard Shore
That By-law
2011-203 be deferred to the November 22, 2011 Council meeting.
CARRIED
(See following By-law 2011-203)
Three Readings
BY-LAW 2011-203 MARKHAM FREE METHODIST CHURCH ZONING BY-LAW AMENDMENT, 22 ESNA
PARK DRIVE
- A by-law to amend By-law 108-81, as amended, to operate a place of
worship within an existing industrial building.
DEFERRED
(See following motion to defer by-law)
Moved by Councillor
Colin Campbell
Seconded by Councillor
Howard Shore
That the consideration of By-law 2011-203 be deferred to the November
22, 2011 Council meeting.
CARRIED
(See following proposed motion which was deferred)
Moved by Deputy
Mayor Jack Heath
Seconded by
Councillor Alex Chiu
That the direction for staff to develop the following regarding Markham
Free Methodist Church, 22 Esna Park Drive be deferred to the November 22, 2011
meeting for Council’s consideration:
- A
letter, agreement or provision in the Site Plan agreement, to be registered on
title to the subject lands, acknowledging the existence of the Dufferin
Concrete operation at 7655 Woodbine Avenue and acknowledging the current noise
levels from the Dufferin Concrete operations, and the Markham Free Methodist
Church’s acceptance of both as evidenced by their purchase of the property and
their rezoning and site plan applications at 22 Esna Park Drive; and,
- A
condition of Site Plan Approval requiring the Church to incorporate building
materials into their development that will mitigate noise impacts from the
Dufferin Concrete, if required.
DEFERRED
(See following
notation)
Council approved the deferral of By-law 2011-203; therefore, the
proposed motion moved by Deputy Mayor Jack Heath and seconded by Councillor Alex
Chiu is deferred accordingly.
BY-LAW 2011-204 PARKING BY-LAW 2005-188 AMENDMENT (Treeline Court administrative
amendment)
By-law
CARRIED
13. IN-CAMERA ITEMS
Council
consented to report out the following 6 in-camera items at open Council without
resolving into in-camera session:
(1) MINUTES OF IN-CAMERA COUNCIL MEETING
- SEPTEMBER 20, 2011 (16.0)
Moved by
Councillor Alex Chiu
Seconded by Councillor
Logan Kanapathi
1) That the minutes of the
in-camera Council meeting held on September 20, 2011, be confirmed.
CARRIED
(2) BOARD AND COMMITTEE APPOINTMENTS (16.24)
Moved by
Councillor Alex Chiu
Seconded by Councillor
Logan Kanapathi
1)
That the following persons be
appointed to the Committee of Adjustment:
|
|
Term Start Date
|
Term End Date
|
|
Lolita Bruneau
|
October 1, 2011
|
November 30,
2014
|
|
Keith Daunt
|
October 1, 2011
|
November 30,
2014
|
|
Peter Favot
|
October 1, 2011
|
November 30,
2014
|
|
Philip Gunn
|
October 1, 2011
|
November 30,
2014
|
|
Gary Muller
|
October 1, 2011
|
November 30,
2014
|
|
Bruno Tucciarone
|
October 1, 2011
|
November 30,
2014
|
|
Khalid Usman
|
October 1, 2011
|
November 30,
2014
|
2)
That Staff be
directed to do all things necessary to give effect to this resolution.
CARRIED
(3) 555
MILLER AVENUE PROPERTY MATTER (8.2)
Moved by
Councillor Alex Chiu
Seconded by Councillor
Logan Kanapathi
1) That
the confidential report dated September 12, 2011 from the Town Solicitor and
Chief Administrative Officer regarding a property matter pertaining to 555
Miller Avenue be received; and,
2) That staff be directed to do all things
necessary to give effect to this report.
CARRIED
(4) 8100 WARDEN AVENUE PROPERTY MATTER
(10.0)
Moved by
Councillor Alex Chiu
Seconded by Councillor
Logan Kanapathi
1) That
the confidential report dated October 5, 2011 from the Town Solicitor and Chief
Administrative Officer regarding a property matter pertaining to 8100 Warden
Avenue be received;
2) That
staff be directed to do all things necessary to give effect to this report.
CARRIED
(5) BOARD
AND COMMITTEE APPOINTMENTS (16.24)
Moved by
Councillor Alex Chiu
Seconded by Councillor
Logan Kanapathi
1) That Harriet Friedmann be appointed to the Agricultural
Advisory Committee with a term ending November 30, 2015.
CARRIED
(6) APPOINTMENT
OF COMMUNITY CENTRE BOARDS (16.24)
Moved by
Councillor Alex Chiu
Seconded by Councillor
Logan Kanapathi
1) That
the report entitled “Appointment of Community Centre Boards” be received; and,
2) That
the following individuals be appointed to the Box Grove Community Centre
Board for a term ending December 31, 2011:
Tom Farrar,
Chair
Stan Buell, Secretary
Dan McCombe, Treasurer
Syed Aziz
Murray Cresswell
Julia Elefano
Angelica Gutierrez
Sherry Hugh
Frank Orovits
Trish Vrotsos
Bob Watt;
and,
3) That
the following individuals be appointed to the Cedar Grove Community Centre
for a term ending December 31, 2011:
Graeme
Weston, Chair
Murray Reesor
Paul Reesor
Frank Whittamore; and,
4) That
the following individuals be appointed to the German Mills Community Centre
for a term ending December 31, 2011:
Erin
Cattral, Co-Chair
Kathy Branny, Co-Chair
Myra Bechtel
Eileen Carter
Helen Duffy
Athena Hui
Sharon Raibmon; and,
5) That
the following individuals be appointed to the Markham Village Train Station
Board for a term ending April 30, 2012:
Linaire
Armstrong
Annette Ali
Dorothy Gilbert
Rutherford Spraggon
Dianne More
Wayne Moss
Elizabeth Plashkes
Ken Rudy
Mari Lin Van Zetten
Donna Wigmore; and,
6) That
the Board and Committee Appointment Policy (Appendix A) apply to the Box Grove,
Cedar Grove, German Mills, Heintzman House and Victoria Square Community Centre
Boards following the expiry of terms ending December 31, 2011; and,
7) That
the Board and Committee Appointment Policy apply to the Markham Village Train
Station Board following the expiry of terms ending April 30, 2012; and,
8) That
Staff discuss the transition to the recruitment, screening/interview and
appointment process outlined in the Board and Committee Appointment Policy with
current Community Centre Board members; and,
9) That
current Community Centre Boards be requested to provide input on candidate
attributes and qualifications for consideration by the Appointment Committee;
and further,
10) That
Staff be authorized and directed to do all things necessary to give effect to
this resolution.
CARRIED
(7) PROPERTY MATTER (8.2)
Moved by
Councillor Alex Chiu
Seconded by Councillor
Logan Kanapathi
1) That the confidential report dated
October 14, 2011 from the Manager of Real Property and Chief Administrative
Officer regarding a property matter be received; and,
2) That Staff
be authorized and directed to take the actions set out in this report.
CARRIED
14. CONFIRMATORY BY-LAW
Moved by Councillor
Logan Kanapathi
Seconded by Councillor
Valerie Burke
That By-law 2011-205
be given three readings and enacted.
Three Readings
BY-LAW 2011-205 A BY-LAW TO CONFIRM THE PROCEEDINGS OF THE COUNCIL MEETING OF OCTOBER
18, 2011.
By-law
CARRIED
15. ADJOURNMENT
Moved by Councillor Alex Chiu
Seconded by Councillor
Alan Ho
That the meeting do adjourn.
CARRIED
Council
adjourned at 8:24 p. m.
_______________________________ _______________________________
KIMBERLEY
KITTERINGHAM FRANK
SCARPITTI
TOWN CLERK MAYOR
(Signed)