2008-09-09
COUNCIL MINUTES Council Chamber, Civic Centre
Meeting No. 11
ROLL
CALL
Mayor F.
Scarpitti, Deputy Mayor J. Heath, Regional Councillor J. Jones, Regional
Councillor T. Wong, Regional Councillor G. Landon, Councillor E. Shapero,
Councillor J. Virgilio (7:27 p.m.), Councillor
C. Moretti, Councillor J. Webster, Councillor D. Horchik, Councillor L.
Kanapathi, Councillor A. Chiu. (12)
REGRETS
Councillor V.
Burke. (1)
The Regular
Meeting of Council was held on September 9, 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
B. Nanninga,
Executive Assistant
J. Carnegie,
Director of Corporate Communications
D. Flaherty, Manager - Strategic Communications
1. DISCLOSURE OF PECUNIARY INTEREST
(1) None
declared.
2. MINUTES
(1) COUNCIL
MINUTES - JUNE 24, 2008
Minutes
Moved by Councillor
A. Chiu
Seconded by
Councillor D. Horchik
That the
Minutes of the Council Meeting held on June 24, 2008, be adopted.
CARRIED
3. PRESENTATIONS
Council
consented to add Presentations (2) and (3).
(1) 2008
UNITED WAY DRAGON BOAT FESTIVAL RACE (12.2.6)
Mr. Jason
Scovell, Team Manager, highlighted the United Way fundraising 2008 Dragon Boat
Festival Race held on August 16, 2008.
Council
recognized and extended congratulations to the following staff for their
contribution towards an outstanding race:
Team Members
Brett
Adams, Fraser Anderson, Leslie Anderson, Marina Antonoglou, Amy Balasbas, Sarah
Buksner, Janet Cahais, Alex Chan, George Chan, Scott Daniel, Glenn Dick, Jackie
Dyson, Alex Freeman, Michelle Gibbons, Rebecca Gibbons, Adam Grant, Karen
Harvey, Simon Hung, Stephen Kitagawa, Naomi Kupferstein, Barb Lant, Nancy
Letman, Peter Mariani, Rocky Mino, Jody Parsons, Vivian Poon, Anna Rose, Erik
Rosenhek, Jason Scovell, Gary Sellars, Alex Spasewski, Barb Smith, Alida Tari
and Winson To.
(2) DELEGATION
FROM NORDLINGEN, GERMANY (12.2.6)
Mayor
Scarpitti highlighted information regarding the visit of Lord Mayor Hermann
Faul along with seven Council Members and boys of the Knabenkapelle (youth
band), Nordlingen, Germany, from August 28 to September 6, 2008. He also extended Lord Mayor Faul's invitation
to Council to visit Germany in 2010.
Council was presented with a plaque indicating the naming of a
"Markham Street" in Nordlingen, Germany.
Mayor
Scarpitti thanked Barbara Nanninga, Council and staff members for a wonderful
job in hosting this event.
(3) MILLIKEN
MILLS CHILDREN'S FESTIVAL (12.2.6)
Council was advised of the remarkable success
of the Milliken Mills Children's Festival held on September 6, 2008, the
largest children's festival in York Region.
Council thanked Councillor L. Kanapathi, Jason Tsien and all those
involved for their efforts in ensuring this success.
4. DELEGATIONS
(1) Glenn Baron addressed
Council regarding the applications submitted by Dougson Investments Inc. (Village
Nissan) and 1475398 Ontario Inc. (Town and Country BMW) for Official Plan and
Zoning By-law Amendments and spoke in opposition to the enactment of By-laws
2008-197 to 2008-202. (10.3 & 10.5)
5. PETITIONS
(1) There
was no petition.
6(a) REPORT NO. 40 - GENERAL COMMITTEE
(September 8, 2008)
Moved by
Councillor J. Virgilio
Seconded by
Councillor A. Chiu
That Report
No. 4- General Committee comprising 2 clauses be received and adopted.
(1) AWARD
OF TENDER 197-T-08
ARTICULATED TRACTORS &
FOUR WHEEL DRIVE COMPACT
TRACTORS (7.12.1)
Report
That the report
entitled “Award of Tender 197-T-08,
Articulated Tractors & Four Wheel Drive Compact Tractors” be received; and,
That the contract for Tender 197-T-08,
Articulated Tractors & Four Wheel Drive Compact Tractors be awarded to the lowest priced qualified bidders,
Hutchinson Farm Supply Inc. in the amount of $126,032.76 exclusive of GST and
Cubex Limited in the amount of $245,841.52 exclusive of GST; and,
That the supply and installation of optional pumps and valves for the
articulated tractors be awarded to Cubex Limited in the amount of $7,560.00
exclusive of GST; and,
That an amount of
$12,960.00 exclusive of GST be established to cover the supply and installation
of AVL / GPS systems and Markhamizing costs; and,
That the cost of
$392,394.00 for this contract be funded from the following sources; $235,236.00
from Development Charges Reserve Fund, $26,137.00 from the Capital Contingency
account and $131,021.00 from the Life Cycle Reserve fund; and,
That a new 2008
capital budget account be established for the acquisition of these assets; and
further,
That
Staff be authorized and directed to do all things necessary to give effect to
this resolution.
CARRIED
(2) TRAFFIC
CALMING WORKING GROUP
(CARLTON ROAD AND VILLAGE
PARKWAY) (16.24 & 5.12)
That a Working Group be established to review the traffic calming
measures that have been taken on Carlton Road and Village Parkway in
Unionville; and,
That the composition of the
Working Group be as follows:
- two (2) representatives from
the Unionville Ratepayers Association
- three (3) representatives from
the public at large
- Ward 3 Councillor Joe
Virgilio, Chair
- one (1) representative from
York Regional Police
- one (1) representative from
Markham's Cycling and Pedestrian Advisory Committee
- one (1)school official from
William Berczy Public School
- one (1) representative from
Markham's Traffic Safety Committee (Optional); and
That the Working Group also
review cycling safety on Carlton Road and Village Parkway; and,
That a public Open House be held
in early November to obtain comments from the residents; and further,
That the Working Group report
back to General Committee in early 2009.
CARRIED
7. MOTIONS
(1) There
was no motion.
8. NOTICE OF MOTIONS
(1) There
was no notice of motion.
9. COMMUNICATIONS
Council
consented to separate Communication 72-2008.
Moved by
Regional Councillor G. Landon
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
66-2008 The Society for
the Preservation of Historic Thornhill - Requesting an approval from the Town
of Markham to close the following streets to facilitate the Thornhill Village
Festival and Parade being held on September 20, 2008 as follows:
a) Between the hours of
8:00 a.m. and 4:30 p.m.:
- Church Lane from John Street
beyond Colborne Street
- Colborne Street from Yonge
Street to Church Lane
- Eliza Street
- Thornhill Summit Drive
b) Between the hours of
11:30 a.m. and 2:00 p.m.:
- John Street from Yonge Street
to Henderson Avenue
- Yonge Street between Royal
Orchard Blvd. and Clark Avenue
(3.5) (By-law 2008-185)
Info
67-2008 Trevor Cleland,
Markham District Veterans Association - Requesting an approval from the Town of
Markham to temporary extend their existing liquor licence to the parking lot
area at 7 Washington Street. The extension will be used during the Oktoberfest celebrations
being held on September 27, 2008 from 2:00 p.m. to 11:00 p.m. (3.21)
Info
68-2008 Anthony
Corsetti, Chairperson, Thornhill Village Festival Committee - Requesting an approval
from the Town of Markham regarding the application of a special occasion liquor
permit to be utilized in conjunction with the Thornhill Village Community
Festival being held on September 20, 2008 from 9:00 a.m. to 4:30 p.m. at the
CIBC Parking Lot (Yonge Street and Thornhill Summit Drive). (3.21)
Info
69-2008 Dan O'Brien,
General Manager, Markham and East York Agricultural Society - Requesting an
approval from the Town of Markham to close Elgin Mills Road between Highway 48
and McCowan Road to facilitate the Markham Fair as follows:
- October 2 to 4, 2008 (9:00
a.m. to 10:00 p.m.)
-
October 5, 2008 (9:00 a.m. to 6:00 p.m.) (3.5)
(By-law 2008-186)
Info
70-2008 Liquor Licence
Application - Forwarding a request to complete the Alcohol and Gaming Commission
Municipal Information Form for Wild Wing, 8180-8220 Bayview Avenue (New indoor
licence). (3.21)
Info
71-2008 Director of
Planning & Urban Design - Providing an update with respect to the rezoning
application submitted by Michael Jacobs to permit four dwelling units at 15
Deer Park Lane. (10.5)
(By-law 2008-196)
Memo
Referred to Commissioner of
Development Services and Town Solicitor
72-2008 Ontario
Municipal Board - Advising that the appeal against the Town of Markham Heritage
District By-law 2007-151 has been withdrawn by 1547155 Ontario Limited. (13.13)
Letter
CARRIED
10. PROCLAMATIONS
(1) PROCLAMATIONS (3.4)
Info
Moved by
Regional Councillor T. Wong
Seconded by
Councillor C. Moretti
That the
following be proclaimed in the Town of Markham:
- Big Brothers
Big Sisters Month (September)
- Learn @ Work
Week (September 22 to 26, 2008)
- United Way
Week (September 29 to October 3, 2008)
- Child Abuse
& Neglect Prevention Month (October)
- Character
Community Week (October 27 to 31, 2008);
And that the Corporate Communications Department be
requested to publish the above proclamations in the local newspapers.
CARRIED
11. NEW/OTHER BUSINESS
Council
consented to add New/Other Business (3) and (4).
(1) LICENSING
COMMITTEE HEARING NO. 08-5
APPEAL OF TAXI DRIVER NO. 251
(2.23)
Moved
by Regional Councillor G. Landon
Seconded
by Regional Councillor J. Jones
That
the following recommendation of the Licensing Committee from the meeting held
on June 25, 2008 be approved and adopted:
"That
Taxi Driver No. 251 be removed from the Priority List for the following
reasons:
1. He
did attend the Licensing Committee Hearing this morning on June 25, 2008 and
gave the evidence, under oath, that he did not drive a taxi, contrary to his
earlier sworn material.
2. Has
not provided the Town of Markham with evidence as requested to verify he is
driving 35hours/week in the Town of Markham, as requested by Section 6.1(3) of
By-law 2002-308; and
3. The
evidence led regarding Taxi Drive No. 251 licence suggests that his driving is
not confined to the Town of Markham."
CARRIED
(2) LICENSING
COMMITTEE HEARING NO. 08-6
APPEAL OF TAXI DRIVER NO. 1171
(2.23)
Moved by
Regional Councillor G. Landon
Seconded by
Regional Councillor
J. Jones
That based on
the findings, that Taxi Driver No. 1171 be removed from the Priority List.
CARRIED
(3) RE-CONVEYANCE
OF LANDS TO NORVALLEY HOMES LTD.
DESIGNATED AS PART 1, PLAN
65R-22176 (8.1)
NOTICES OF PROPOSED SALE
TOWN OF MARKHAM
PROPOSED SALE OF SURPLUS REAL
PROPERTY
(Pursuant to By-law 178-96)
Moved by
Regional Councillor
J. Jones
Seconded by
Councillor A. Chiu
That the
notice of the proposed sale for the Town own lands legally described as Part 1,
Plan 65R-22176, be confirmed.
(In-Camera
Clause 2)
CARRIED
(4) DECLARATION OF SURPLUS
REAL PROPERTY
- PROPOSED DISPOSITION OF FOUR
(4) PROPERTIES (8.5)
NOTICES OF PROPOSED SALE
TOWN OF MARKHAM
PROPOSED SALE OF SURPLUS REAL
PROPERTY
(Pursuant to By-law 178-96)
Moved
by Councillor J. Webster
Seconded
by Councillor J. Virgilio
That
the notice of the proposed sale for the Town own lands legally described as
follows, be confirmed:
1. Part of Lot 1, Registered Plan 2196: Lands
on the East Side of Main Street South (Unionville), South of Highway 7 to Traks
Communications Ltd..
2. Part 6, Registered Plan 65R-29626: A
portion of the Bur Oak Avenue Road Allowance to the Region of York.
3. Part 8, Registered Plan 65R-30695: A portion of the future
Midland Avenue extension north of Steeles Avenue East to 1685904 Ontario Inc.
4. Parts 2 and 3, Registered Plan 65R-30679: A portion of 9829
9th Line to the Region of York for 9th Line road widening
purposes.
(In-Camera
Clause 3)
CARRIED
12. BY-LAWS
Council
consented to add By-laws 2008-204 and 2008-205.
Moved by
Councillor A. Chiu
Seconded by
Councillor D. Horchik
That By-laws
2008-185 to 2008-202 and By-laws 2008-204 and 2008-205 be given three readings
and enacted.
Three Readings
BY-LAW 2008-185 A
by-law to authorize the temporary closure of various streets to facilitate the
Thornhill Village Festival being held on September 20, 2008.
(Communication No. 66-2008)
By-law
BY-LAW 2008-186 A by-law to authorize the temporary closure of Elgin Mills Road
between Highway 48 and McCowan Road to facilitate the Markham Fair being held
on October 2 to 5, 2008.
(Communication No. 69-2008)
By-law
BY-LAW 2008-187 A by-law to designate a property as being of Historic and/or
Architectural Value or Interest (Abraham Koch House, 7085 14th
Avenue)
(Clause 2, Report No. 23, 2008).
By-law
BY-LAW 2008-188 A by-law to designate a property as being of Historic and/or
Architectural Value or Interest (Sylvester Tomlinson House, 7943 Ninth Line)
(Clause 3, Report No. 26, 2008).
By-law
BY-LAW 2008-189 A by-law to designate a property as being of Historic and/or
Architectural Value or Interest (Roger Hawkins House, 7149 16th
Avenue)
(Clause 2, Report No. 26, 2008).
By-law
BY-LAW 2008-190 A by-law to designate a property as being of Historic and/or
Architectural Value or Interest (George R. Cowie House, 5933 14th
Avenue)
(Clause 10, Report No. 36, 2008).
By-law
BY-LAW 2008-191 A by-law to amend Municipal Law Enforcement Officers Appointment
By-law 2002-178 and Parking By-law 2005-188 (To revise the lists for officers,
enforcement companies and tagging locations).
By-law
BY-LAW 2008-192 A by-law to dedicate certain lands as part of the highways of the
Town of Markham (Part of Lots 11 and 12, Concession 9, designated as Part 2,
Plan 65R-29626 - Bur Oak Avenue).
By-law
BY-LAW 2008-193 A by-law to designate part of a certain plan of subdivision not
subject to Part Lot Control (Oxnard Boxgrove Limited, Block 10, Plan 65M-4032).
By-law
BY-LAW 2008-194 A by-law to designate part of a certain plan of subdivision not
subject to Part Lot Control (Wykland Estates Inc., south of 16th
Avenue and east of Bur Oak Avenue, Lots 1 to 3, 5 to 10 and 15 to 25, Plan
65M-4054).
By-law
BY-LAW 2008-195 A by-law to designate part of a certain plan of subdivision not
subject to Part Lot Control (Ter-sky (Markham) Developments Inc. (Caliber
Homes), Lots 29 to 32, Plan 65M-3807).
By-law
BY-LAW 2008-196 A by-law to amend Zoning By-law 1229, as amended (Michael Jacobs,
15 Deer Park Lane - To permit four semi-detached dwelling units).
(Communication No. 71-2008)
By-law
BY-LAW 2008-197 A by-law to adopted an Official Plan Amendment No. 175 (1475398
Ontario Inc. (Town and Country BMW), east side of Kennedy Road, between South
Unionville Avenue and Helen Avenue - To permit the development of a second
automobile dealership).
(Clause 3, Report No. 39, 2008)
By-law
BY-LAW 2008-198 A by-law to amend Zoning By-law 177-96, as amended (1475398
Ontario Inc. (Town and Country BMW), east side of Kennedy Road, between South
Unionville Avenue and Helen Avenue - To remove subject lands from the
designated area of By-law 177-96, as amended, so that the lands could be
incorporated into the designated area of By-law 122-72 to permit the
development of a second automobile dealership).
(Clause 3, Report No. 39, 2008)
By-law
BY-LAW 2008-199 A by-law to amend Zoning By-law 122-72, as amended (1475398
Ontario Inc. (Town and Country BMW), east side of Kennedy Road, between South
Unionville Avenue and Helen Avenue - To permit the development of a second
automobile dealership).
(Clause 3, Report No. 39, 2008)
By-law
BY-LAW 2008-200 A by-law to adopt an Official Plan Amendment No. 176 (Dougson
Investments Inc. (Village Nissan), south side of South Unionville Avenue, east
of Kennedy Road, South Unionville Community - To permit an automobile
dealership).
(Clause 14, Report No. 36, 2008)
By-law
BY-LAW 2008-201 A by-law to amend Zoning By-law 304-87, as amended (Dougson Investments
Inc. (Village Nissan), south side South Unionville Avenue, east of Kennedy
Road, South Unionville Community - To delete subject lands from the designated
area of By-law 304-87, as amended, so that the lands could be incorporated into
By-law 177-96, as amended, to permit an automobile dealership).
(Clause 14, Report No. 36, 2008)
By-law
BY-LAW 2008-202 A by-law to amend Zoning By-law 177-96, as amended (Dougson
Investments Inc. (Village Nissan), south side of South Unionville Avenue, east
of Kennedy Road, South Unionville Community - To permit an automobile
dealership).
(Clause 14, Report No. 36, 2008)
By-law
BY-LAW 2008-204 A by-law to authorize the execution of a
Transfer of Land to Norvalley Homes Ltd. for lands legally described as part of
Lot 11, Plan 445, designated as Part 1, Plan 65R-22176, Markham.
(In-Camera Clause 2)
By-law
BY-LAW 2008-205 A by-law to authorize the Mayor and Clerk to execute a Transfer of Land
and other related documents to Traks Communications Ltd., Region of York and
1685904 Ontario Inc.
(In-Camera Clause 3)
By-law
CARRIED
13. IN-CAMERA ITEMS
Council consented
to add In-camera Clauses (1) to (5).
Moved by
Councillor A. Chiu
Seconded by
Councillor L. Kanapathi
That Council report
Clauses (1) to (3) from in-camera agenda.
CARRIED
(1) MINUTES
OF IN-CAMERA COUNCIL MEETING
- JUNE 24, 2008 (16.0)
That the
minutes of the in-camera Council meeting held on June 24, 2008, be confirmed.
CARRIED
REPORT
OF GENERAL COMMITTEE - September 8, 2008
(2) RE-CONVEYANCE
OF LANDS TO NORVALLEY
PART 1, PLAN 65R-22176 (8.1)
That the
confidential report entitled “Re-conveyance of Lands to Norvalley Homes Ltd. –
Part of Lot 11, Plan 445, designated as Part 1, Plan 65R-22176 be received;
and,
That Part 1,
Plan 65R-22176 be declared surplus pursuant to Town of Markham By-law 178-96
and that the notice of the proposed disposition of such lands be placed on the
agenda for the Council meeting of September 9th, 2008; and,
That a by-law
be enacted at Council on September 9, 2008, authorizing the Mayor and Clerk to
execute a Transfer of Land and other related documents for the completion of
this transaction, all in a form satisfactory to the Town Solicitor; and,
That
staff be authorized and directed to take the actions necessary to give effect
to this report.
(By-law 2008-204)
CARRIED
(3) DECLARATION
OF SURPLUS REAL PROPERTY
– PROPOSED DISPOSITION OF FOUR
(4) PROPERTIES (8.5)
That the report entitled “Declaration of Surplus Real Property –
Proposed Disposition of Four (4) Properties” be received; and,
That the
following four properties be declared surplus pursuant to Town of Markham
By-law 178-96 and that notice of the proposed disposition of such lands be
placed on the agenda for the Council meeting September 9, 2008;
- Part
of Lot 1, Registered Plan 2196: Lands on the East Side of Main Street
South (Unionville), South of Highway 7 to Traks Communications Ltd.;
- Part
6, Registered Plan 65R-29626: A portion of the Bur Oak Avenue Road
Allowance to the Region of York;
- Part 8,
Registered Plan 65R-30695: A portion of the future Midland Avenue extension north of Steeles Avenue East to 1685904 Ontario Inc.; and
- Parts 2
and 3, Registered Plan 65R-30679: A portion of 9829 9th Line to
the Region of York for 9th Line road widening purposes; and,
That
a by-law be enacted at Council on September 9, 2008, authorizing the Mayor and
Clerk to execute a Transfer of Land and other related documents for the
completion of the above conveyances, in a form satisfactory to the Chief
Administrative Officer and the Town Solicitor; and,
That Staff be
authorized and directed to take the actions set out in this report
(By-law
2008-205)
CARRIED
Moved by
Councillor A. Chiu
Seconded by
Regional Councillor
J. Jones
That
Council resolve into an in-camera session to discuss Clauses (4) and (5) at
7:47 p.m.
Moved by
Regional Councillor
J. Jones
Seconded by
Regional Councillor G. Landon
That Council
rise and the Chair report Clauses (4) and (5) at 8:07 p.m.
CARRIED
REPORT
OF DIRECTOR, CORPORATE COMMUNICATION
(4) CONFIDENTIAL
LEGAL MATTER (12.2.6)
That the
confidential report dated September 8, 2008 from the Commissioner of Corporate
Services and Director of Corporate Communications regarding a legal matter be
received; and,
That staff be
authorized and directed to take the actions set out in this report.
CARRIED
REPORT OF COUNCIL
(5) POTENTIAL
MERGER BETWEEN POWERSTREAM INC. AND
BARRIE HYDRO (13.7)
That the
verbal update regarding the potential merger between Powerstream Inc. and
Barrie Hydro be received.
CARRIED
Moved by
Regional Councillor
J. Jones
Seconded by
Regional Councillor G. Landon
That the
report of in-camera session be adopted, approved and confirmed.
CARRIED
14. CONFIRMATORY BY-LAW
Moved by
Councillor A. Chiu
Seconded by
Councillor J. Virgilio
That By-law
2008-203 be given three readings and enacted.
Three Readings
BY-LAW 2008-203 A by-law to confirm the proceedings of the Council meeting of
September 9, 2008.
(Council Meeting No. 11, 2008)
By-law
CARRIED
15. ADJOURNMENT
Moved
by Councillor A. Chiu
Seconded
by Deputy Mayor J. Heath
That the meeting do adjourn.
CARRIED
Council
adjourned at 8:09 p.m.
__________________________________ ________________________________
KIMBERLEY
KITTERINGHAM FRANK
SCARPITTI
TOWN
CLERK MAYOR
(Signed)