COUNCIL MINUTES
April
17, 2012, 7:00 p.m.
Council
Chamber, Anthony Roman Markham Civic Centre
Meeting No. 7
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, Councillor Valerie Burke, Councillor Howard Shore,
Councillor Don Hamilton, Councillor Carolina Moretti, Councillor Colin
Campbell, Councillor Alan Ho, Councillor Alex Chiu.
REGRETS
Regional
Councillor Gord Landon, Councillor Logan
Kanapathi.
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
Alida Tari,
Council/Committee Coordinator
Joel Lustig, Treasurer
Dennis
Flaherty, Director, Communications & Community Relations
Dereje
Tafesse, Capital Works Engineer
Alain Cachola,
Manager of Infrastructure & Capital Projects
John Wong, Technology
Support Specialist
The Regular
Meeting of Council convened at 7:13 p.m. on April 17, 2012 in the Council
Chamber. Mayor Frank Scarpitti presided.
Council observed a moment of silence to commemorate the Holocaust
Memorial Day and the 95th Anniversary of the Battle of Vimy Ridge.
1. DISCLOSURE OF PECUNIARY INTEREST
(1) Deputy Mayor Jack Heath
disclosed an interest with respect to Item No. 3, Report No. 23 (168-S-11
Renewal of Life Insurance Contract), as he and his spouse own shares in
Sun Life Financial, and did not take part in the discussion of or vote on the
question of the approval of such matters.
(2) Regional Councillor Joe
Li disclosed an interest with respect to Item No. 3, Report No. 23 (168-S-11
Renewal of Life Insurance Contract), as he owns shares in Sun Life Financial,
and did not take part in the discussion of or vote on the question of the
approval of such matters.
2. MINUTES
(1) COUNCIL MINUTES – April 3, 2012
Minutes
Moved by
Councillor Alex Chiu
Seconded by Councillor
Valerie Burke
1) That
the Minutes of the Council Meeting held on April 3, 2012, be adopted.
CARRIED
3. PRESENTATIONS
(1) SMART
COMMUTE MARKHAM, RICHMOND HILL
2011 EMPLOYER OF THE YEAR
AWARD AND
2011 HONOURABLE MENTION AWARD
(12.2.6)
On behalf of
Smart Commute Markham, Richmond Hill, Council presented the 2011 Employer of the
Year Award and 2011 Honourable Mention Award to the winners.
Smart Commute
is the sustainability initiative of the Town of Markham, Town of Richmond Hill,
Region of York and Metrolinx. They
assist local employers and commuters to explore different commute choices like
carpooling, cycling and transit, with a goal of easing gridlock, improving air
quality and reducing greenhouse gas emission while making daily commute less
expensive and more enjoyable.
MMM Group
Limited – 2011 Employer of the Year Award
Hugo Blasutta, CEO
and Rob Wanless, Vice President Transportation, received the award on behalf of
MMM Group Limited.
AMD Canada – 2011
Honourable Mention Award
Richard Conohan, Site Manager and Tim
Klinker, EHS Co-ordinator, received the award on behalf of AMD Canada.
Smart Commute
Markham, Richmond Hill representatives were in attendance, including:
Flo
McLellan, Program Director
Basil
Marcello, Senior Program Advisor
Wincy
Tsang, Program Advisor
Nicole
Beayni, Marketing, Communications Coordinator
Richard
Cunningham, President, Markham Board of Trade and Rachel Pruhomme, Manager,
Special Projects, Town of Markham, were in attendance with respect to this
presentation.
4. DELEGATIONS
(1) SEAN GOSNELL
MARKHAM FREE METHODIST CHURCH,
22 ESNA PARK DRIVE (10.5)
- Sean
Gosnell, Borden
Ladner Gervais LLP, addressed Council on behalf of Markham Free Methodist
Church, addressed Council and spoke in support of the
proposed By-law 2012-90.
- Jim Baird, Commissioner of
Development Services, provided a verbal update on the discussions with
stakeholders and indicated the proposed By-law 2012-90 for Council's
consideration is a reflection of the agreement made.
(See
following to consider the matter)
Moved by Councillor Alex Chiu
Seconded by Councillor Alan Ho
That Council consider the matter regarding Markham Free
Methodist Church, 22 Esna Park Drive, immediately following the Presentation
Section of the agenda.
(See By-law 2012-90 for Council's decision on this matter)
(See Communication No. 27-2012)
CARRIED
(2/3 Vote was
requested & obtained)
(2) GLENN
POCILUYKO, ALEA INVESTMENTS LTD., REGARDING
"RENAMING OF THE TOWN
OWNED SECTION OF
HIGHWAY 48 TO MARKHAM
ROAD" (10.14)
- Glenn Pociluyko, Alea Investments Ltd, addressed Council and spoke in
opposition to the proposed recommendation.
(See
following to consider the matter)
Moved by Regional Councillor Jim Jones
Seconded by Councillor Carolina Moretti
That Council consider the matter regarding "Renaming of the Town
Owned Section of Highway 48 To Markham Road" immediately following the
consideration of the matter related to Markham Free
Methodist Church, 22 Esna Park Drive.
(See Item No. 1, Report No. 21 for Council's
decision on this matter)
CARRIED
(2/3 Vote was
requested & obtained)
(3) DELEGATIONS REGARDING
"MULTI USE PATHWAY (MUP) FROM 16TH AVENUE
TO BOB HUNTER MEMORIAL PARK
- CLASS ENVIRONMENTAL ASSESSMENT"(5.7)
- The following individuals addressed Council:
1. Glenn
Baron, spoke in opposition to the proposed recommendation.
2. Jennifer
Baron, request to speak withdrawn.
3. Gord
Walter, on behalf of Cycling and Pedestrian Advisory Committee (CPAC), spoke in
opposition to the proposed recommendation.
4. Ted
Spence, spoke in opposition to the proposed
recommendation.
5. Philip
Ling, on behalf of Markham Environmental Advisory Committee (MEAC), spoke in
opposition to the proposed recommendation.
6. Maureen
Cowan, on behalf of Sherwood South Ratepayers Community Group, spoke in support
of the proposed recommendation.
7. Al
Pickard, on behalf of Milne Conservation Pathway Committee, Legacy Community,
and spoke in opposition to the proposed recommendation.
8. Lynn
Nowicki, and spoke in support of the proposed recommendation.
9. Duyen
Lau, and spoke in support of the proposed recommendation.
10. Tupper
Wheatley, on behalf of Milne Park Conservation Association, spoke in support
of the proposed recommendation.
(Item No. 1, Report No. 22 for Council's
decision on this matter)
(4) DELEGATIONS
REGARDING
“REVISIONS TO APPROVED PLANS
DUE
TO UNAUTHORIZED DEMOLITION OF
HERITAGE DWELLING BUILDING
PERMIT
APPLICATION HP 11 122569 000
01
41 ALBERT STREET, MARKHAM
VILLAGE” (16.11)
- The following individuals addressed Council:
1. Karen Rea, providing comments.
2. Zila
Zuzana, providing comments.
3. Bhupen
Kharia, providing comments.
(See Item No. 1, Report No. 24 for Council's decision on this matter)
5. PETITIONS
There were no
petitions.
6(a) REPORT NO. 21 - DEVELOPMENT SERVICES
PUBLIC MEETING
(March 27, 2012)
Moved by Deputy
Mayor Jack Heath
Seconded by Councillor
Carolina Moretti
(1) RENAMING THE TOWN OWNED SECTION
OF HIGHWAY 48 TO MARKHAM ROAD
(10.14)
Report Figure
1 AleaLetter
Moved by Deputy
Mayor Jack Heath
Seconded by Councillor
Carolina Moretti
1) That
the correspondence from Tammy Morrell-Bellai, in support of the proposed
renaming of the Town owned section of Highway 48, provided at the March 27,
2012 Development Services Public Meeting, be received; and
2) That
the deputation by Ted Brown regarding concerns for the proposed renaming of the
Town owned section of Highway 48, provided at the March 27, 2012 Development
Services Public Meeting, be received; and
3) That
the letter dated April 13, 2012 from Ted Brown and Glenn Pociluyko, Alea
Investments Ltd., provided at the April 17, 2012 Council meeting be received;
and,
4) That the renaming of the Town owned
section of Highway 48 between 16th Avenue and Major Mackenzie Drive
to Markham Road be approved effective January 1, 2013; and,
5) That
Council adopt a street name change by-law to permit the renaming of Highway 48
between 16th Avenue and Major Mackenzie Drive; and further,
6) That staff report back to the Development Services Committee with
options to compensate property owners and/or tenants impacted by Town-initiated street changes and that these
options include increased compensation levels for special circumstances.
CARRIED AS AMENDED
(See following to amend)
Moved by Deputy Mayor Jack Heath
Seconded by Councillor Carolina Moretti
"That staff report back to the Development Services Committee with
options to compensate property owners and/or tenants impacted by Town-initiated street changes and that these
options include increased compensation levels for special circumstances."
CARRIED
Council
consented to delete the following Resolution No. 3:
"That Development Services Committee approve a renaming of the Town
owned section of Highway 48 between 16th Avenue and Major Mackenzie
Drive to Markham Road."
and to insert the following as Resolution
Nos. 3 and 4:
"3) That
the letter dated April 13, 2012 from Ted Brown and Glenn Pociluyko, Alea
Investments Ltd., provided at the April 17, 2012 Council meeting be received;
and,
4) That the renaming of the Town owned
section of Highway 48 between 16th Avenue and Major Mackenzie Drive
to Markham Road be approved effective January 1, 2013;"
Moved by Regional Councillor Jim Jones
Seconded by Councillor Carolina Moretti
That Council consider the matter regarding "Renaming of the Town
Owned Section Of Highway 48 To Markham Road" immediately following the
consideration of the matter related to Markham Free
Methodist Church, 22 Esna Park Drive.
(See Delegation Item No. 2)
(See By-law No. 2012-85)
CARRIED
(2/3 Vote was
requested & obtained)
6(b) REPORT NO. 22 - DEVELOPMENT SERVICES
COMMITTEE (April 10, 2012)
Moved by Regional
Councillor Jim Jones
Seconded by Councillor
Don Hamilton
(1) MULTI
USE PATHWAY (MUP)
FROM 16TH AVENUE TO
BOB HUNTER MEMORIAL PARK
– CLASS ENVIRONMENTAL ASSESSMENT (5.7)
Report
Attach
A Attach
B Attach
C
1)
That the deputations by Glenn Baron, Tupper
Wheatly, and Ted Spence regarding the proposed Multi Use Pathway from 16th
Avenue to Bob Hunter Memorial Park, at the April 10, 2012 Development Services
Committee, be received; and,
2)
That appreciation be expressed to Councillor
Carolina Moretti, to others involved Members of Council, to residents, to the
Working Group, and to staff for their hard work on this matter; and
3) That the report
entitled “Multi Use Pathway (MUP) from 16th Avenue to Bob Hunter
Memorial Park - Class Environmental Assessment” dated April 10, 2012, be
received; and,
4) That the preferred
alignments for multi use pathway as described in this report and as amended at
the April 10, 2012 Development Services Committee be endorsed; and,
5) That the section of the pathway along the south side of 14th
Avenue east of the Rouge River Valley to Bob Hunter Memorial Park shown in
Section 7 be deferred from the Environmental Assessment Study, for possible
consideration in the future York Region`s Environmental Assessment Study for
this road; and,
6) That Option 4S (Street
Option) for Area 4, which routes pedestrians/cyclist onto Drakefield Road and
Willowgate Drive and restricts parking on both sides of such roads, be
endorsed on a trial basis; and,
7) That staff monitor the
Street Option 4S and report back to Council if pedestrians continue to cross at
the Milne Creek and whether Option 4T-1 (the Creek Crossing Option) needs to be
reconsidered; and,
8) That the Engineering
Department staff be authorized to file the Environmental Study with the
Ministry of Environment (MOE) for the 30 day public review; and,
9) That staff be
authorized to proceed with the detailed design of the recommended multi use
pathway alignments from 16th Avenue to Bob Hunter Memorial Park;
and,
10) That staff report back
as to on recommended staging plan for the Multi Use Pathway; and further,
11) That staff be authorized
and directed to do all things necessary to give effect to this resolution.
CARRIED BY A RECORDED VOTE
(See following recorded vote for Resolution Nos. 6
& 7) (7:4)
(See following recorded vote for Resolution Nos. 1
to 5 and Nos. 8 to 11) (11:0)
Recorded vote for Resolution Nos. 6 & 7
YEAS: Mayor
Frank Scarpitti, Regional Councillor Joe Li, Councillor Valerie Burke, Councillor Don Hamilton, Councillor Carolina
Moretti, Councillor Colin Campbell, Councillor Alex Chiu. (7)
NAYS: Deputy
Mayor Jack Heath, Regional Councillor Jim Jones, Councillor Howard
Shore,Councillor Alan Ho. (4)
ABSENT: Regional
Councillor Gord Landon, Councillor Logan Kanapathi. (2)
Recorded vote for Resolution Nos. 1 to 5 and Nos. 8 to 11
YEAS: Mayor
Frank Scarpitti, Deputy Mayor Jack Heath, Regional Councillor Jim Jones, Regional Councillor Joe Li, Councillor Valerie
Burke, Councillor Howard Shore, Councillor Don Hamilton, Councillor Carolina
Moretti, Councillor Colin Campbell, Councillor Alan Ho, Councillor Alex Chiu.
(11)
ABSENT: Regional
Councillor Gord Landon, Councillor Logan Kanapathi. (2)
Council consented to add the following words
to Resolution No. 5
"...east
of the Rouge River Valley to Bob Hunter Memorial Park....".
(2) UTILITY
POLE REPLACEMENT ON MARKHAM ROAD
FROM 16TH AVENUE TO
MAJOR MACKENZIE DRIVE (5.0)
Report Attach
A1 & A2 Attach
B
1) That the report entitled “Utility Poles
Replacement on Markham Road from 16th Avenue to Major Mackenzie
Drive be received; and,
2) That the tendering process for the replacement
of utility poles along Markham Road from 16th Avenue to Major
Mackenzie Drive including design review and construction co-ordination
services, be waived in accordance with Purchasing By-Law 2004-341 Part II,
Section 7(2); and,
3) That Staff be authorized to issue
Purchase Orders to Power Stream and other utility companies (i.e. Bell, Rogers
Cable) for the replacement of their existing utility facilities on Markham Road
from 16th Avenue to Major Mackenzie Drive up to a value of
$565,000.00 ($484,937.64 Power Stream work, and $80,062.36 estimate for other
utilities) exclusive of HST to be funded from the Road Reconstruction Budget
#083-5350-11069-005 which currently has a balance of $5,787,600.00; and
further,
4) That Staff be authorized and directed
to take the actions necessary, including the execution of documents, to give
effect to this report.
CARRIED
6(c) REPORT NO. 23 - GENERAL COMMITTEE (April
16, 2012)
Council
consented to separate Item No. 1.
Moved by Councillor
Carolina Moretti
Seconded by
Councillor Alex Chiu
That Report
No. 23 – General Committee comprised of 5 items be received and adopted.
(1) MINUTES
OF THE MARCH 21, 2012
ENVIRONMENTAL ISSUES COMMITTEE
(16.0)
Minutes MESF
Report Trees
for Tomorrow
1) That the Minutes of the March 21, 2012 Environment Issues
Committee be received for information purposes; and,
2) That the following recommendations from the March 21, 2012
Environmental Issues Committee meeting be endorsed:
“That the Environmental
Issues Committee recommends that the demonstration rain garden proposed
by TRCA be installed at the Markham Museum instead of at the Warden
House and be subject to review and approval
by the Museum staff; and,
That the funding application from Ontario Streams for $7,000, for a
stream rehabilitation initiative at Little Rouge Creek and Robinson Creek, be
approved; and,
That the
funding application from Wilclay Public School for $3,392, for a waste audit,
be approved, subject to working with Waste and Environmental Management
Department staff; and,
That the
funding application from the 3rd Unionville Scouts for $3,800, for
plantings at Milton Feirheller Park, be approved, subject to working with Parks
Department staff and that an exception to the funding criteria be provided, to
allow this application to proceed prior to completion of the Scout’s signage
project in the Park; and,
That the application from Armadale Public School for $5,000, for an
outdoor classroom, be approved provided the plant selection is approved by
Parks Staff; and,
That the
application from St. Edward Catholic Elementary School for an outdoor
classroom, be approved, in the amount of $4,400, provided the plant selection
is approved by Parks Staff and conditional upon providing written consent of
the school board for this project; and,
That the funding application by 10,000 Trees for the Rouge requesting
$23,000, to conduct their 23rd Annual Community Tree Planting Event
on Earth Day to complete the restoration planting project to complete the
planting of their 2011 planting site in Bob Hunter Park be approved; and,
That the funding application by Friends of the Rouge Watershed
requesting $22,500 to conduct multiple
planting events in the spring planting season in Bob Hunter Park and be
approved; and,
That the funding application by Evergreen requesting $29,400 to continue
partnership with the Town with their successful Common Grounds Program to conduct
a series of Community Planting Events and 8 to 10 Stewardship Events to
promote, educate and engage the community in tree planting events and stress
the importance of follow up maintenance work that is performed at volunteer
stewardship events be approved; and,
That the funding application by LEAF (Local Enhancement and Appreciation
of Forests) requesting $30,000 to continue to offer their subsidized Backyard
Tree Planting Program to Markham residents and to continue to provide
educational workshops such as the Tree Tenders Course, along with other
educational/stewardship opportunities be approved; and further,
That the above requests be funded from the Capital Project 12252 Markham
Trees for Tomorrow (700-101-5399-12252) in the amount of $104,900”; and
further,
3) That the
Environmental Issues Committee be requested to review the funding criteria
relative to York Region school applications.
CARRIED
Council consented to add
the following as Resolution No. 3:
"That the Environmental Issues Committee
be requested to review the funding criteria relative to York Region school applications."
(2) PROVINCIAL
PAYMENTS IN LIEU OF TAXES
– RATES FOR HOSPITALS,
UNIVERSITIES AND
COLLEGES AND CORRECTIONAL
INSTITUTIONS (7.1)
Report
1) That the report entitled “Provincial
Payment in Lieu of Taxes - Rates for Hospitals,
Universities and Colleges and Correctional Institutions ” be received
for information; and,
2) That Council request that the
Government of Ontario meet with municipalities to review an increase in the
rates set by the Province as payments in lieu of taxes for hospitals,
universities and colleges and correctional institutions; and,
3) That, as part of the review, a
mechanism be investigated to provide for regular updates to the rates on a go
forward basis; and,
4) That this request be forwarded to the
Premier of Ontario, Minister of Finance, the Minister of Municipal Affairs and
Housing, the Large Urban Mayors Caucus of Ontario (LUMCO), the Association of
Municipalities of Ontario (AMO), and the Ontario Municipal Tax and Revenue
Association (OMTRA); and Ontario municipalities; and further,
5) That staff be authorized and directed
to do all the things necessary to give effect to this resolution.
CARRIED
(3) 168-S-11
RENEWAL OF LIFE INSURANCE CONTRACT (4.0)
Report
1) That
the report entitled “168-S-11 Renewal of Life Insurance contract” be received;
and,
2) That
contract 168-S-11 for Basic Life Insurance be extended with Sun Life Assurance
Company for an additional one (1) year (January 1 to December 31, 2012) in the estimated annual amount of
$353,141 inclusive of HST impact; and,
3) That
contract 168-S-11 for Optional Life Insurance be extended with Sun Life
Assurance Company for an additional one (1) year (January 1 to December 31,
2012) in the estimated annual
amount of $31,871 inclusive of HST impact; and,
4) That
the tendering process be waived in accordance with Purchasing By-Law 2004-341,
Part II, Section 7 (1) (c) which states “when the extension of an existing
contract would prove more cost-effective or beneficial”; and,
5) That
funds for Basic Life Insurance be provided from account 030 220 0046 Payroll –
Life in the estimated annual amount of $353,141 inclusive of HST impact; and,
6) That
funds for Optional Life Insurance be recovered from employees as required in
the estimated annual amount of $31,871 inclusive of HST impact; and,
7) That
the Director of Human Resources and Manager of Purchasing be authorized to
extend the contract for Basic Life Insurance for three (3) additional years,
provided that it is in the best interest of the Town and rate increase per year
does not exceed 5% of the cost of the previous year’s rate; and further,
8) That
Staff be authorized and directed to do all things necessary to give effect to
this resolution.
CARRIED
(4) MILLIKEN CHILDREN’S
FESTIVAL
COMMITTEE STRUCTURE (3.5)
Report
1) That
the report entitled "Milliken Children's Festival Committee
Structure" be received; and,
2) That
the Town of Markham establish the "Children's Festival Advisory
Committee," to coordinate the Markham Milliken Children's Festival; and,
3) That
the Terms of Reference for the Children's Festival Committee be approved; and,
4) That
the following individuals be appointed to the Children's Festival Advisory
Committee for the term expiring on October 31, 2012:
Pat Lee Ellakiya
Sivapalan Gowthaman
Rajakumar
Nappinder Dogra Mayavan
Ananthanadarajah Brendan Ng
Rishi Narula Kethika
Logan Councillor
Logan Kanapathi; and,
5) That
the members of the committee for terms beginning after October 31, 2012 be
recruited in accordance with the Town of Markham Boards & Committee
Appointment Policy; and further,
6) That
staff be authorized and directed to do all things necessary to give effect to
this resolution.
CARRIED
(5) 2012 UNIONVILLE &
MARKHAM VILLAGE
BUSINESS IMPROVEMENT AREAS (B.I.A)
OPERATING BUDGET (7.4)
Report Exhibit
1 Exhibit
2
1) That
the report entitled “2012 Unionville & Markham Village Business Improvement
Areas (B.I.A.) Operating Budgets” dated April 16, 2012 be received; and,
2) That
the 2012 Operating Budget in the amount of $256,000 for the Unionville B.I.A.
(UBIA) be approved; and,
3) That
the 2012 Operating Budget in the amount of $305,665 for the Markham Village
B.I.A. (MBIA) be approved; and,
4) That
the Special Tax Rate levy, in the amount of $199,500 for the UBIA members and
$215,327 for the MBIA members be included in the 2012 Tax Levy By-law; and
further,
5) That
Staff be authorized and directed to do all things necessary to give effect to
this resolution.
CARRIED
6(d) REPORT NO. 24 - DEVELOPMENT SERVICES
COMMITTEE (April 17, 2012)
Council
consented to separate Item Nos. 1 to 3. (See following Item Nos. 1 to 3)
Moved by Regional
Councillor Jim Jones
Seconded by Councillor
Don Hamilton
That Report
No. 24 – Development Services Committee comprised of 3 items be received and
adopted, except Item No. 1. (See following Item No. 1)
(1) REVISIONS
TO APPROVED PLANS
DUE TO UNAUTHORIZED DEMOLITION
OF
HERITAGE DWELLING BUILDING
PERMIT
APPLICATION HP 11 122569 000
01
41 ALBERT STREET, MARKHAM
VILLAGE (16.11)
Extract Report Written
Submission Heritage
Staff Notes
Markham
Subcommittee Minutes and Recommendations
Moved by Councillor
Colin Campbell
Seconded by Councillor
Carolina Moretti
1) That
the minutes of the Markham Subcommittee meeting held April 11, 2012, be
received; and,
2) That the single
detached dwelling at 41 Albert Street, Markham Village, be approved as
constructed; and,
3) That the owners pay for
a Markham Remembered plaque that would be installed at the front of the
property detailing the former heritage building; and,
4) That the owners
construct a wooden white picket fence along the street; and further,
5) That the owners
complete the appropriate Building Permit processes and receive approvals for
the alterations and the Site Plan Agreement be revised as per Council’s
direction.
CARRIED
(See following to consider the matter)
Moved by Councillor Colin Campbell
Seconded by Councillor Carolina Moretti
That Council consider the matter 41 Albert
Street immediately following the consideration of the matter related to the
renaming of Highway 48 to Markham Road.
CARRIED
(2/3 Vote was
requested & obtained)
(2) THE DENISON CENTRE, MARKHAM
APPLICATION FOR EXEMPTION
UNDER THE
RETAIL
BUSINESS HOLIDAYS ACT (10.16)
Correspondence
1) That
the correspondence dated April 11, 2012 from Mr. Joseph C. Vieni, Barrister on
behalf of the owners for The Denison Centre, and from Dr. Ken Ng, Chairman,
Chinese Chamber of Commerce in Markham, dated April 16, 2012, requesting the
Town of Markham's support with respect to an application made to the Regional
Municipality of York for exemption under the Retail
Business Holidays Act, be received; and,
2) That
the deputations by Jennifer Thomas of Thomas Law representing the Denison
Centre, and by Manoj Biswas, representing Oriental Foods in the Denison Centre
with respect to an application made by the Denison Centre to the Regional
Municipality of York for exemption under the Retail
Business Holidays Act, be received; and
further,
3) That
the Regional Municipality of York be advised that the Town of Markham supports
the request by the Denison Centre for an exemption under the Retail Business Holidays Act, due to its proximity to the
tourist attraction of Pacific Mall.
CARRIED BY A RECORDED VOTE (6:5)
(See following recorded vote)
YEAS: Deputy
Mayor Jack Heath, Regional Councillor Jim Jones, Regional Councillor Joe Li,
Councillor Carolina Moretti, Councillor Alan Ho, Councillor Alex Chiu. (6)
NAYS: Mayor
Frank Scarpitti, Councillor Valerie Burke, Councillor Howard Shore, Councillor
Don Hamilton, Councillor Colin Campbell. (5)
ABSENT: Regional
Councillor Gord Landon, Councillor Logan Kanapathi. (2)
(3) 2197088 ONTARIO INC.
O/A FOODY MART, 5221 HIGHWAY 7
EXEMPTION UNDER THE
RETAIL
BUSINESS HOLIDAYS ACT (10.16)
Correspondence
1) That
the correspondence dated April 10, 2012 from Cheng Yi Wei, President, Foody
Mart requesting for exemption under the Retail Business Holidays
Act, be received; and,
2) That
the deputation by Andy Wong, representing Foody Mart, with respect to an
application made by Foody Mart to the Regional Municipality of York for
exemption under the Retail Business Holidays Act, be received; and further,
3) That
the Regional Municipality of York be advised that the Town of Markham supports
the request by 2197088 Ontario Inc., Foody Mart, for an exemption under the Retail Business Holidays Act, due to its proximity to the
tourist attraction of Main Street Markham.
CARRIED BY A RECORDED VOTE (6:5)
(See following recorded vote)
YEAS: Deputy
Mayor Jack Heath, Regional Councillor Jim Jones, Regional Councillor Joe Li,
Councillor Carolina Moretti, Councillor Alan Ho, Councillor Alex Chiu. (6)
NAYS: Mayor
Frank Scarpitti, Councillor Valerie Burke, Councillor Howard Shore, Councillor
Don Hamilton, Councillor Colin Campbell. (5)
ABSENT: Regional
Councillor Gord Landon, Councillor Logan Kanapathi. (2)
7. MOTIONS
(1) DESIGNATION
OF MARKHAM AS A CITY (12.0)
Moved by
Councillor Alex Chiu
Seconded by Regional
Councillor Jim Jones
1) That the Chief
Administrative Officer be directed to prepare a report on the designation of
Markham as City for consideration at the May 7, 2012 General Committee meeting.
CARRIED
(See following to consider)
Moved by Councillor Colin Campbell
Seconded by Councillor Alan Ho
That Council introduce a matter regarding the designation of Markham as
City for consideration this date.
CARRIED
(2/3 Vote was
requested & obtained)
8. NOTICES OF MOTIONS
There were no
notices of motions.
9. COMMUNICATIONS
Moved by
Councillor Alex Chiu
Seconded by Councillor
Alan Ho
That Council
receive Communication No. 27-2012 as outlined below.
CARRIED
Moved by Councillor
Carolina Moretti
Seconded by Councillor
Colin Campbell
That Council
receive and consent to the disposition of Communication Nos. 22-2012 to 26-2012
as outlined below.
CARRIED
Referred to all Members of
Council
22-2012 TEMPORARY
EXTENSION APPLICATION FOR LIQUOR SALES LICENCE – JAKES ON MAIN PUB & GRILL
(3.21)
Requesting an approval from the Town of Markham
to extend their existing liquor licence for the patio areas at 202 Main Street
Unionville. The proposed extension will
be utilized in conjunction with the Unionville Village Community Festival from
June 1, 2012 to June 3, 2012.
Info
CARRIED
23-2012 ROAD CLOSURE
REQUEST – WORLD MUSIC & DANCE FESTIVAL (3.5)
-
The following street will be closed on July 21, 2012 between 10:00 a.m. and
11:00 p.m. to facilitate the festival:
1. Main
Street Unionville north from Concession Road to south of Carlton Rd
2. Main
Street Unionville east onto Carlton Rd
3. Main
Street Unionville west onto Fred Varley Drive & Carlton Rd
Info
CARRIED
24-2012 LIQUOR LICENCE
APPLICATION FOR THE BOMBAY GRILL, 5694 HWY NO. 7, UNIT 1A (3.21)
- Forwarding a request for the
Town of Markham to completed the Municipal Information Form (Ward 4) (Ownership
change with application for a new indoor licence)
Info
CARRIED
25-2012 ROAD
CLOSURE REQUEST – STARBUCKS RUN FOR WOMEN (3.5)
- The following roads will be closed on May 12, 2012 from 9:00 a.m. to
11:00 a.m. to facilitate the event:
1. Main Street
Unionville - from Library Lane to north of Highway 7 (8:00 a.m. to 11:00 a.m.)
2. West &
East Eckardt Street (8:15 a.m. to 9:15 a.m.)
3. Carlton Road
from Crosby CC parking lot on west side to Pomander Rd (8:00 a.m. to 11:00 a.m.)
·
Start to finish on Main Street
Unionville just south of Library Lane
·
Head south on Main Street to Hwy 7
·
Turn around at Hwy 7 and come back
north to Eckardt Street
·
Eckardt Street to pathway for
Austin Park
·
Run through Austin Park & back
to Eckard t Street to Main Street
·
Head north on Main Street
Unionville– 5 K race finishes back at start/finish line
·
10 K race continues through
Toogood Pond trail system
·
10 K runners come out Toogood Pond
trail behind Gallery on Carlton
·
Take a quick left up on Main
Street Unionville Start/Finish line
(Note: The event "National Women Run
Series" previously received by Council on February 28, 2012 has been
withdrawn)
Info
CARRIED
Referred to Commissioner of
Development Services
26-2012 COMMUNICATIONS
WITH RESPECT TO THE ITEM TITLED "MULTI USE PATHWAY (MUP) FROM 16TH
AVENUE TO BOB HUNTER MEMORIAL PARK - CLASS ENVIRONMENTAL ASSESSMENT"(5.7)
1. Dennis
Svetanic
2. Alan and Mary-Joan Vigneux
3. Debbie Neilson
4. Dianne Fisher
5. Andree Nottage
6. Michael and Madeleine Landry
7. Fritz and Brenda Schmidt
8. Wayne Owen
9. Nancy Christoffer, Marilyn and George
Christoffer
10. Robert and Janet Johnson
11. Bob Fisher
12. Lorne and Helen Lageer
13. Reuben Tang
14. Yvonne Shek
(Item No. 1, Report No.
22)
Communications
CARRIED
Referred to Commissioner of
Development Services and Town Solicitor
27-2012 COMMUNICATIONS
REGARDING MARKHAM FREE METHODIST CHURCH, 22 ESNA PARK DRIVE (10.5)
1. Quinto M. Annibale,
Loopstra Nixon, LLP, on behalf of Holcim (Canada) Inc., advising their client
is now satisfied with By-law 2012-90, as proposed.
2. Gerard C. Borean,
Parente, Borean LLP, on behalf of Davencourt Investments Inc.
("Davencourt"), advising their client is now satisfied with By-law
2012-90, as proposed.
Holcim Davencourt
(See Delegation Item No. 1)
(See By-law 2012-90 on Council decision on this matter)
CARRIED
(See following to receive the communications)
Moved by Councillor Alex Chiu
Seconded by Councillor Alan Ho
That Communication No. 27-2012 regarding Markham Free
Methodist Church, 22 Esna Park Drive, be received.
CARRIED
(See following to consider the matter)
Moved by Councillor Alex Chiu
Seconded by Councillor Alan Ho
That Council consider the matter regarding Markham Free
Methodist Church, 22 Esna Park Drive, immediately following the Presentation
Section of the agenda.
CARRIED
(2/3 Vote was
requested & obtained)
10. PROCLAMATIONS
(1) PROCLAMATIONS
- FOR APPROVAL AND INFORMATION (3.4)
Info
Moved by
Councillor Alex Chiu
Seconded by Deputy
Mayor Jack Heath
1) That the following new proclamation be approved and added to
the Five-Year Proclamations List approved by Council:
- Day of the Honey Bee (May 29, 2012); and,
2) That the following proclamation issued by the
Town Clerk in accordance with the Town of Markham Proclamation Policy be
received for information purposes:
- Day
of Mourning for Workers Killed or Injured on the Job (April 28, 2012).
CARRIED
11. NEW/OTHER BUSINESSES
Council
consented to add New/Other Business Item Nos. 2 and 3.
(1) DECLARATION
OF SURPLUS REAL PROPERTY
BLOCKS 8, 9 AND 10 ON PLAN
65M-3998 (8.7)
Notices of Proposed Sale
Town of Markham
Proposed Sale of Surplus Real Property
(Pursuant to By-law 178-96)
Moved by
Councillor Alex Chiu
Seconded by Councillor
Don Hamilton
1) That the
notice of proposed sale for the Town owned lands legally described as Blocks 8,
9 and 10 on Plan 65M-3998, be confirmed.
(In-Camera Item No. 6, April 3, 2012 Council
meeting)
CARRIED
(2) 1039954
ONTARIO LTD.
SOUTH OF MAJOR MACKENZIE
DRIVE,
WEST OF EVERSHOT CRESCENT,
WISMER COMMUNITY
FILE NUMBER: ZA.12-112570 (10.5)
Memo
Moved by
Councillor Alex Chiu
Seconded by Councillor
Colin Campbell
1) That
the memorandum dated April 17, 2012 titled "1039954 Ontario Ltd., South of
Major Mackenzie Drive, West of Evershot Crescent, Wismer Community, File Number:
ZA. 12-112570" be received, and
2) That
conditional 2013 servicing allocation for 25 single detached units (92.5
population) be granted to plan of subdivision 19TM-02016 (1039954 Ontario Ltd.)
from the total allocation for the Wismer Commons Secondary Plan, assigned in
accordance with the January 18, 2011 staff report on servicing allocation.
(By-law 2012-89)
CARRIED
(3) NATIONAL
VOLUNTEER WEEK (12.2.6)
Council
recognized National Volunteer Week, April 15 to 21, 2012.
12. BY-LAWS
Moved by Councillor
Alex Chiu
Seconded by Councillor
Alan Ho
That By-law
2012-90 be given three readings and enacted.
(See
Delegation Item No. 1)
(See
Communication No. 27-2012)
CARRIED
Council
consented to amend Section 2.3 of By-law 2012-90 so that it reads as follows:
"2.3 Prior to removing the ‘(H)’ HOLD provision
from the Part 2 lands shown on Schedule “A” attached hereto, the following
conditions shall be met to the satisfaction of the Town of Markham:"
Council also
consented to add the word "M" next to the words "Part 1" in
the Schedule "A" attached to By-law 2012-90.
(See following to consider the matter)
Moved by
Councillor Alex Chiu
Seconded by Councillor
Alan Ho
That Council
consider the matter regarding Markham Free Methodist Church, 22 Esna Park
Drive, immediately following the Presentation Section of the agenda.
CARRIED
(2/3 Vote was
requested & obtained)
Moved by
Councillor Alex Chiu
Seconded by Councillor
Valerie Burke
That By-laws
2012-85 to 2012-87, By-law 2012-89 be given three readings and enacted.
CARRIED
Three Readings
BY-LAW 2012-85 A BY-LAW TO CHANGE A STREET NAME IN THE TOWN OF MARKHAM – FROM
HIGHWAY 48 TO MARKHAM ROAD.
(Item No. 1, Report No. 21)
By-law
CARRIED
BY-LAW 2012-86 HUMBOLD PROPERTIES AND DIGRAM DEVELOPMENTS 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, Humbold Properties, Part of Block 9, Plan
65M-4218, being Parts 12 and 13, Plan 65R-33444 and Digram Developments Inc.,
Part of Block 8, 65M-4303, being Parts 8 and 9, Plan 65R-33444.
By-law
CARRIED
BY-LAW 2012-87 A BY-LAW TO AMEND PARKING BY-LAW 2005-188 (ADMINISTRATIVE
AMENDMENT TO ADD A NEW "OBSTRUCTION" CLAUSE FOR ENFORCEMENT PURPOSES)
By-law
CARRIED
BY-LAW 2012-89 1039954 ONTARIO LTD., HOLD
REMOVAL BY-LAW, SOUTH OF MAJOR MACKENZIE DRIVE, WEST OF EVERSHOT CRESCENT,
WISMER COMMUNITY
- A by-law to amend By-law 177-96, as amended, to permit the
development of 25 single-detached units.
By-law
CARRIED
BY-LAW 2012-90 MARKHAM FREE METHODIST CHURCH, 22 ESNA PARK DRIVE, ZONING
BY-LAW AMENDMENT
- A by-law to amend By-law 108-81, as amended, to operate a place of
worship.
By-law
CARRIED
13. IN-CAMERA ITEMS
There were no
in-camera items.
14. CONFIRMATORY BY-LAW
Moved by Regional
Councillor Joe Li
Seconded by Councillor
Alan Ho
That By-law 2012-88
be given three readings and enacted.
Three Readings
BY-LAW 2012-88 A BY-LAW TO CONFIRM THE PROCEEDINGS OF THE COUNCIL MEETING OF APRIL
17, 2012.
By-law
CARRIED
15. ADJOURNMENT
Moved by Councillor Alex Chiu
Seconded by Regional
Councillor Jim Jones
That the Council meeting be adjourned at 11:07 p. m.
CARRIED
_______________________________ _______________________________
KIMBERLEY
KITTERINGHAM FRANK
SCARPITTI
TOWN CLERK MAYOR
(Signed)