September
15, 2009
COUNCIL MINUTES Council Chamber, Civic Centre
Meeting No. 12
ROLL
CALL
Mayor F.
Scarpitti, Deputy Mayor J. Heath, Regional Councillor J. Jones, Regional
Councillor G. Landon, Councillor V. Burke, Councillor E. Shapero, Councillor J.
Virgilio, Councillor C. Moretti, Councillor J. Webster, Councillor D. Horchik,
Councillor L. Kanapathi, Councillor A. Chiu.
STAFF
J. Livey,
Chief Administrative Officer
J. Baird,
Commissioner of Development Services
B. Librecz,
Commissioner of Community and Fire Services
A. Taylor,
Commissioner of Corporate Services
C. Conrad,
Town Solicitor
B. Cribbett,
Treasurer
K. Kitteringham, Town Clerk
A. Brouwer, Deputy Town
Clerk
J. Chechalk, Mayor’s Chief of Staff
J. Wong, Technology Support
Specialist
D. Flaherty,
Manager, Strategic Communications
S. Huycke,
Public Services & Records Coordinator
A. Tari,
Committee Clerk
C. Murphy,
Mayor's Scheduler
J. Lustig,
Director of Financial and Client Services
S. Laing,
Director of Human Resources
The Regular
Meeting of Council was held on September 15, 2009 at 7:11 p.m. in the Council Chamber, Civic Centre. Mayor F. Scarpitti presided.
1. DISCLOSURE OF PECUNIARY INTEREST
(1) None
declared.
2. MINUTES
(1) COUNCIL
MINUTES - JUNE 23, 2009
Minutes
Moved by
Councillor A. Chiu
Seconded by
Regional Councillor
J. Jones
That the
Minutes of the Council Meeting held on June 23, 2009, be adopted.
CARRIED
3. PRESENTATIONS
(1) 2009
ONTARIO YOUTH CHESS CHAMPIONSHIPS
AND 2009 CANADIAN YOUTH CHESS
CHAMPIONSHIPS (12.2.6)
Council
recognized Rebecca Giblon and Melissa Giblon for their outstanding
accomplishments during the 2009 Ontario Youth Chess Championships and 2009
Canadian Youth Chess Championships, including:
2009
Ontario Youth Chess Championships
- Rebecca
Giblon (1st Place for Girls under 12 years old)
- Melissa
Giblon (1st Place for Girls under 10 years old)
2009
Canadian Youth Chess Championships
- Rebecca Giblon
(1st Place for Girls under 12 years old)
- Melissa
Giblon (1st Place for Girls under 10 years old)
(2) 2009
MILLIKEN MILLS CHILDREN'S FESTIVAL (12.2.6)
Mayor Scarpitti, on behalf of Council, advised of the remarkable success
of the Milliken Mills Children's Festival held on September 12, 2009. He thanked Councillor L. Kanapathi, Chair,
Milliken Mills Children's Festival and all those involved for their efforts in
ensuring this success, including:
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Programs Committee
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Volunteer Committee
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Operations Committee
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Councillor L.
Kanapathi
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Pat Lee
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Dan Hsieh
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Karyn Lau
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Grace Wong
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Akshay
Shirodker
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Shawn
Hermans
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Fionna Yau
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Joyce Pang
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Anna Rose
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Cherry Cheng
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Rico Lai
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Olivia Bella
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Janelle
Vallestero
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Joanne Olson
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Portia Lee
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Jason Tsien
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Parks (Special Thanks)
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Communications Team
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Markham Theatre
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Paul Ingram
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Majorie
Rebane
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John Ryerson
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Doug
Henderson
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Dennis Flaherty
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Eric
Lariviere
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Steve
Matunin
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Diane Sewell
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Scott Hill
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Steve Lewis
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Freda Lee
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Bonnie
Armstrong
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Mike Hiatt
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Kathleen
Graver
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Suzanne Couture
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Donato
Capozzi
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Event Operations
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Design & Signage
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Fire Services
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Shayne
Hartin
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Daniel Epton
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David
Blizzard
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Lorenzo Mele
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John Li
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Bill
Snowball
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Steve
Squires
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Accounting
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Roads
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Special Thanks for Continuous
Support
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Cheryl
Parker
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John Hoover
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Brenda
Librecz
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Kathy Butler
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Andy Taylor
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Glen Taylor
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John Ryerson
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Lori Wells
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Janet
Carnegie
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(3) BILL
FISCH, CHAIR, REGION OF YORK
RECOGNITION (12.2.6)
Council recognized Bill
Fisch, Chair, Region of York, who was in attendance to hear Council
deliberations on the filling of the vacant Regional Councillor office.
(Item No. 3, Report
No. 53)
4. DELEGATIONS
Council
consented to add Delegations (1) to (4).
(1) Tara Smyth addressed Council
regarding the recommendation of the Licensing Committee Hearing for Tow Truck
Driver Licence #259 - Jason Wainwright, requesting the removal of conditions a)
and i). (2.23)
(Other
Business Item No. 4)
(2) Jo Li addressed Council
concerning the filling of the vacant Regional Councillor office, indicating
that he is not in favour of holding a by-election. He requested that Council appoint him to the
office as he was the next runner up in the 2006 Municipal Election and his
appointment would not require the expenditure of public funds. (16.23.2)
(Item 3,
Report No. 53)
(3) Ricky Chan addressed
Council concerning the filling of the vacant Regional Councillor office, expressing
regret on the passing of the late Tony C. Wong.
He encouraged Council to not spend funds on a by-election and instead appoint
Jo Li given his performance in the 2006 Municipal Election. (16.23.2)
(Item 3, Report No. 53)
(4) Thomas Lee addressed
Council concerning the filling of the vacant Regional Councillor office,
requesting Council consider appointing Jo Li to the vacant office as a by-election
will require expenditure of public funds. (16.23.2)
(Item 3, Report No. 53)
______________________________
Council
consented to consider the item regarding the filling of the vacant Regional
Councillor office immediately following the delegations.
(See Item No.
3, Report No. 53 for Council's resolution on this matter)
______________________________
5. PETITIONS
There were no
petitions.
6(a) REPORT NO. 52 - DEVELOPMENT SERVICES
COMMITTEE (Sept. 8, 2009)
(1) ACADIA AVENUE PROPOSED
ALL WAY STOP CONTROL (5.12.3)
Report Attach
A Attach
B
1) That the report entitled “Acadia Avenue Proposed All Way Stop Control”, be received; and,
2) That
Schedule 12 of Traffic By-law 106-71 for all-way stop control be amended to
include the intersection of Acadia Avenue at the driveways of 80 Acadia Avenue
and 7020 Warden Avenue; and,
3) That
the Operations Department be directed
to install the appropriate signs and pavement markings at the subject locations,
funded through the Operations Department account # 83-5399-8402-005; and,
4) That
York Regional Police be requested to enforce the all-way stop control upon
installation of the signs; and further,
5) That
staff be authorized and directed to do all things necessary to give effect to
this resolution.
(By-law 2009-124)
CARRIED
(2) HAZELTON AVENUE PARKING PROHIBITION
(5.12.4)
Report Attach
A and B Attach
C
1) That the report entitled “Hazelton Avenue Parking Prohibition”, be received; and,
2) That Schedule “C” of Parking By-law 2005-188 be amended to
rescind prohibited parking on the east side of Hazelton Avenue, between Murray
Spiers Court and Adastra Crescent (north intersection); and,
3) That Schedule “C” of Parking By-law 2005-188 be amended to
rescind prohibited parking on the east and west sides of Hazelton Avenue,
between Major Mackenzie Drive and Murray Spiers Court; and,
4) That Schedule “C” of Parking By-law 2005-188 be amended to
prohibit parking on the west side of Hazelton Avenue, between Major Mackenzie
Drive and Winter Creek Crescent (south intersection); and,
5) That Schedule “C” of Parking By-law 2005-188 be amended to
prohibit parking on the east side of Hazelton Avenue, between Major Mackenzie
Drive and Murray Spiers Court; and,
6) That
the Operations Department be directed
to install the appropriate signs at the subject locations, funded
through the Operations Department account # 83-5399-8402-005; and,
7) That
the Parking Control Department be directed to enforce the parking prohibition
upon installation of the signs; and further,
8) That
staff be authorized and directed to do all things necessary to give effect to
this resolution.
(By-law 2009-125)
CARRIED
(3) BARLOW ROAD PARKING RESTRICTION (5.12.4)
Report Attach
A Attach
B
1) That the report entitled “Barlow Road Parking Restriction”, be received; and,
2) That Schedule “C” of Parking By-law 2005-188 be amended to
restrict parking on the west side of Barlow Road, from the west property line
of 52 Barlow Road to Halstead Drive, during the hours of 8am – 2pm, Saturday –
Sunday only; and,
3) That
the Operations Department be directed
to install the appropriate signs at the subject locations, funded
through the Operations Department account # 83-5399-8402-005; and,
4) That
the Parking Control Department be directed to enforce the parking prohibition
upon installation of the signs and passing of the by-law; and further,
5) That
staff be authorized and directed to do all things necessary to give effect to
this resolution.
(By-law 2009-126)
CARRIED
(4) APPLICATION BY CHAK CHENG
FOR A ZONING BY-LAW AMENDMENT
TO
REZONE 7165 BAYVIEW AVENUE TO
SATISFY
THE CONDITIONS OF LAND
DIVISION TO FACILITATE
THE FUTURE DEVELOPMENT OF THE
PROPERTY INTO
TWO LOTS FOR THE CONSTRUCTION
OF
TWO SINGLE DETACHED DWELLINGS
(ZA 07 110055) (10.5)
Report Attachment
1) That
the report dated September 8, 2009, entitled “Recommendation Report - Application
by Chak Cheng for a Zoning By-law Amendment to rezone 7165 Bayview Avenue to
satisfy the conditions of land division to facilitate the future development of
the property into two lots for the construction of two single detached
dwellings” be received; and,
2) That
Zoning By-law Amendment application (ZA 07 110055) to amend By-law 1767, as
amended, submitted by Chak Cheng to permit the development of the two lots for
the construction of two single detached dwellings, be approved and the draft
Zoning By-law Amendment attached as Appendix ‘A’, be finalized and enacted; and
further,
3) That
Staff be authorized and directed to do all things necessary to give effect to
this resolution.
(Communication No. 49-2009) (By-law 2009-127)
CARRIED
(5) IBM SMARTER CITIES CONFERENCE
NEW YORK CITY, OCTOBER 1 AND
2, 2009 (10.16)
Report
1) That
the report entitled “IBM Smarter Cities Conference, New York City, October 1
and 2, 2009” be received; and,
2) That the Town be represented by the
Mayor and by the Chief Administrative Officer; and,
3) That the cost of participating in the
conference not exceed $3,500.00 and be expensed from within the approved 2009
Economic Development Business Travel budget 610-9985201; and further,
4) That
Staff be authorized and directed to do all things necessary to give effect to
this resolution.
CARRIED
6(b) REPORT NO. 53 - GENERAL COMMITTEE (Sept.
14, 2009)
Council
consented to consider the item regarding the filling of the vacant Regional
Councillor office immediately following the delegations.
(1) EXTENSION OF CONTRACT FOR THE SUPPLY
& DELIVERY OF FIRE BUNKER GEAR (7.15)
Report 1
1)
That the report entitled “Extension of Contract for
the Supply and Delivery of Fire Bunker Gear” be received; and,
2)
That Council
authorize the Contract Extension 017-R-05 to Safe Design Apparel Ltd. for the
supply and delivery of Bunker Suits for the 2 years; and,
3)
That the purchase
of 18 bunker gears for replacement of current vacancies be funded from accounts
067-6150-9106-005 Firefighter Tools and Equipment in the amount of $30,880.44;
and,
4)
That the purchase
of 68 bunker gears or 144 jacket and pants thermal liners for replacement based
on legislated equipment testing be funded from 2010 capital budget project
10122 Bunker Gear in the amount of $117,728.64, subject to Council approval of
the 2010 Capital Budget; and,
5)
That the purchase
of 20 bunker gears for new recruits at Cathedral Fire Station be funded from
accounts 067-5350-9529-005 Cathedral Fire Station – FF&E in the amount of
$34,311.60; and,
6)
That the purchase
of 20 bunker gears for new recruits at Cornell Fire Station be funded from the
2010 capital budget project 10124 Cornell Fire Station- FF&E in the amount
of $34,311.60, subject to Council approval of the 2010 Capital Budget; and
further,
7)
That Staff be
authorized and directed to do all things necessary to give effect to this
resolution.
CARRIED
(2) JOINT
PORTAL PROJECT-
PHASE 1 IMPLEMENTATION, RFP #
145-R-09 (7.13)
Report
1) That
the report entitled “Joint Portal Project - Phase 1 Implementation, RFP
#145-R-09” be received; and,
2) That
the contract for Professional Services for Phase 1 implementation be awarded to
the highest ranked and lowest priced bidder – Perficient Canada Corp. in the
amount of $1,477,700.00 exclusive of GST; and,
3) That
Cost for Professional Services (Phase 1) be shared between the Town of Markham
and the Region of York on a 50%-50% cost sharing basis; and,
4) That
Markham’s contributions for the above listed components in the amount
$738,850.00 be funded from 2008 approved capital budget “Portal Implementation”
- account # 49-5350-8659-005; and further,
5) That
Staff be authorized and directed to do all things necessary to give effect to
this resolution.
CARRIED
(3) FILLING A VACANT REGIONAL
COUNCILLOR POSITION (16.23.2)
Report Schedule
A
1) That the Report entitled “Filling of
Vacant Regional Councillor Position” be received; and,
2) That the Regional Councillor Office
formerly held by the late Tony C. Wong be declared vacant in accordance with
the Municipal Act, 2001; and,
3) That By-law 2009-134, being a by-law to
declare the Office of Regional Councillor formerly held by the late Tony C.
Wong to be vacant, be given three readings and enacted; and,
4) That the vacant Office of Regional
Councillor be filled by appointment; and,
5) That the vacancy be filled by one of
the existing Town of Markham Ward Councillors; and,
6) That the appointment procedure
distributed by the Town Clerk and attached as Schedule “A” hereto, outlining
the process for selecting the appointee be adopted; and,
7) That Councillor Joseph Virgilio and Councillor
Dan Horchik, having consented to being considered for appointment, be declared
candidates for appointment to the vacant Office of Regional Councillor; and
that no further nominations be considered; and,
8) That, having completed the appointment
procedure undertaken by Council at the September 15, 2009 Council meeting,
Councillor Joseph Virgilio be appointed to the vacant Office of Regional
Councillor; and,
9) That By-Law 2009-135, being a by-law to
appoint Councillor Joseph Virgilio to the Office of Regional Councillor, be given
three readings and enacted; and,
10) That, following the appointment of
Councillor Joseph Virgilio to the Office of Regional Councillor, Council
declare the Office of Ward 3 Councillor vacant; and,
11) That By-Law 2009-136, being a by-law to
declare the Office of Ward 3 Councillor vacant, be given three readings and
enacted; and,
12) That the Office of Ward 3 Councillor be
filled via a by-election to be held on Monday, November 23, 2009; and,
13) That, By-law 2009-137, being a by-law to
require a by-election for Ward 3 on November 23, 2009, be given three readings
and enacted; and further,
14) That the Town’s Procurement By-law be waived
to allow for sole sourcing to Election Systems and Software (ES & S) for
provision of election equipment for the By-Election to be funded from the
election reserve account 86 2700 850.
CARRIED AS AMENDED
(See following motions to amend)
(See following recorded votes)
CARRIED
CARRIED
Moved
by Regional Councillor G. Landon
Seconded
by Regional Councillor
J. Jones
That
By-law 2009-134, being a by-law to declare the Office of Regional Councillor
formerly held by the late Tony C. Wong to be vacant, be given three readings
and enacted.
CARRIED
CARRIED BY A UNANIMOUS RECORDED
VOTE
(See following recorded vote)
YEAS: Mayor
F. Scarpitti, Deputy Mayor J. Heath, Regional Councillor J. Jones, Regional
Councillor G. Landon, Councillor V. Burke, Councillor E. Shapero, Councillor J.
Virgilio, Councillor C. Moretti, Councillor J. Webster, Councillor D. Horchik,
Councillor L. Kanapathi, Councillor A. Chiu. (12)
CARRIED BY A RECORDED VOTE
(See following recorded vote)
(11:1)
YEAS: Mayor
F. Scarpitti, Deputy Mayor J. Heath, Regional Councillor J. Jones, Regional
Councillor G. Landon, Councillor E. Shapero, Councillor J. Virgilio, Councillor
C. Moretti, Councillor J. Webster, Councillor D. Horchik, Councillor L.
Kanapathi, Councillor A. Chiu. (11)
NAYS: Councillor
V. Burke. (1)
CARRIED
CARRIED
J. Virgilio - 8 votes
(Mayor F. Scarpitti, Deputy Mayor J.
Heath, Regional Councillor
J. Jones, Regional Councillor G. Landon, Councillor V. Burke, Councillor E. Shapero, Councillor
J. Virgilio, Councillor L. Kanapathi)
CARRIED
Moved
by Councillor D. Horchik
Seconded
by Regional Councillor G. Landon
That
By-Law 2009-135, being a by-law to appoint Councillor Joseph Virgilio to the
Office of Regional Councillor, be given three readings and enacted.
CARRIED
CARRIED
Moved
by Deputy Mayor J. Heath
Seconded
by Regional Councillor G. Landon
That
By-Law 2009-136, being a by-law to declare the Office of Ward 3 Councillor
vacant, be given three readings and enacted.
CARRIED
CARRIED BY A RECORDED VOTE
(See following recorded vote)
(7:5)
YEAS: Deputy
Mayor J. Heath, Regional Councillor J. Jones, Regional Councillor G. Landon,
Councillor J. Virgilio, Councillor J. Webster, Councillor D. Horchik,
Councillor L. Kanapathi. (7)
NAYS: Mayor
F. Scarpitti, Councillor V. Burke, Councillor E. Shapero, Councillor C.
Moretti, Councillor A. Chiu. (5)
CARRIED
Moved
by Deputy Mayor J. Heath
Seconded
by Councillor J. Webster
That, By-law 2009-137, being a by-law to
require a by-election for Ward 3 on November 23, 2009, be given three readings
and enacted.
CARRIED
"That the Town’s Procurement By-law
be waived to allow for sole sourcing to Election Systems and Software (ES &
S) for provision of election equipment
for the By-Election to be funded from the election reserve account 86
2700 850."
CARRIED
(4) RECREATION INFRASTRUCTURE CANADA (RInC)
FUND UPDATE (6.0)
Report
1) That the report entitled “Recreation
Infrastructure Canada (RInC) Fund Update” be received; and,
2) That the Town proceed with the Saint
Roberts Artificial Turf and Bubble project at an upset limit of $3,200,000 on a
1/3 shared basis with the Province of Ontario, and Government of Canada (up to
a maximum of $1,000,000 per project from the Province of Ontario and $1,000,000
from the Government of Canada) and the Town of Markham; and,
3) That the Town of Markham’s share of
$1,200,000 for the Saint Roberts Artificial Turf and Bubble project be funded
from the Parks Development DC (Development Charges) Reserve Fund, Recreation Facilities (DC) Reserve Fund and Lifecycle
Replacement and Capital Reserve Fund in the amounts of $709,000, $371,000 and
$120,000 respectively; and,
4) That the Town proceed with the Tennis
Courts and Bubble at Angus Glen Community Centre & Library at an upset
limit of $1,700,000 on a 1/3 shared basis Province of Ontario, and Government
of Canada (up to a maximum of $1,000,000 per project from the Province of
Ontario and $1,000,000 from the Government of Canada) and the Town of Markham;
and,
5) That the Town of Markham’s share of
$567,000 for the Tennis Courts and Bubble at Angus Glen Community Centre &
Library project be funded from the Recreation Facilities DC Reserve Fund, Parks Development DC Reserve Fund and
Lifecycle Replacement and Capital Reserve Fund in the amounts of $330,000,
$180,000 and $57,000 respectively; and,
6) That the Town proceed with the Outdoor
Civic Centre Skating Rink project at an upset limit of $3,530,000 on a 1/3
shared basis with the Province of Ontario, and Government of Canada (up to a
maximum of $1,000,000 per project from the Province of Ontario and $1,000,000
from the Government of Canada) and the Town of Markham; and,
7) That the Town of Markham’s share of
$1,530,000 for the Outdoor Civic Centre Skating Rink project be funded from the
Parks Development DC Reserve Fund in the amount of $1,377,000 and Lifecycle
Replacement and Capital Reserve Fund in the amount of $153,000; and,
8) That
the tendering process be waived in accordance with Purchasing By-Law 2004-341,
Part II, Section 7, Non Competitive Procurement, where it is necessary or in
the best interests of the Town to acquire non-standard items from a preferred
supplier, and that Council authorize staff to retain Dillon Consulting
(formerly ENVision - The Hough Group)as the Prime Consultant and Landscape
Architects, and sub-consultants: The Ventin Group (the Architects); Cimco
Refrigeration; MJS Consultants (Electrical); Soil-Mat Engineers and Consultants
(Geo-technical) and David Horwood (Legal Surveyor), to proceed with the
preparation of the detailed design, construction drawings, contract documents,
and provision of construction supervision and monitoring as required in
connection with the Outdoor Civic Centre Skating Rink Project subject to
negotiation of a suitable contract based on the competitive pricing previously
obtained through RFP 177-R-08, Landscape Architectural Consulting Services for
Angus Glen Community Park , and RFQ 198-Q-09, Angus Glen Community Park
Architectural Design to an upset amount of $450,000; and,
9) That authority be given to enter into
agreements with Government of Canada and Province of Ontario to complete
projects; and,
10) That staff report back on the progress of
the above initiatives quarterly; and further,
11) That
staff be authorized and directed to take the actions set out in this report.
CARRIED
(5) FUNDING
AND DATA SHARING
AGREEMENT WITH REGION OF YORK RE
WATERWORKS PILOT DISTRICT
MANAGEMENT AREAS (DMA’S) (5.3)
Report 1
1) That
the report “Funding and Data Sharing Agreement with Region of York re
Waterworks Pilot District Management Areas (DMA’s)” be received; and,
2) That
the attached Agreement with Region of York re Waterworks Pilot District
Management Areas (DMA’s) be approved for execution; and,
3)
That Waterworks
General Manager be authorized to enter into and execute future Management Area
cost and data sharing agreements with affected municipalities if the funding is
budgeted; and,
4)
That an amount of
$273,000 + 10% (contingency), exclusive of GST, be approved under this
agreement and that the General Manager of Waterworks be authorized to approve
expenditure of this budget amount up to the specified limit in accordance with the
Expenditure Control Policy; and further,
5)
That Staff be
authorized and directed to do all things necessary to give effect to this
resolution.
CARRIED
7. MOTIONS
There were no
motions.
8. NOTICES OF MOTIONS
There were no
notices of motions.
9. COMMUNICATIONS
Moved by
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
47-2009 Michelle Irwin,
General Manager, Markham Fair - 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 1 to 3, 2009 (9:00 a.m. to 10:00 p.m.)
- October 4, 2009 (9:00
a.m. to 6:00 p.m.) (3.5)
Info
48-2009 Liquor Licence
Application - Forwarding a request to complete the Alcohol and Gaming
Commission Municipal Information Form for Roccos Italian Bistro, 5694 Highway 7
East (Change of ownership - The premises were previously licenced for indoor
and outdoor areas). (3.21)
Info
49-2009 Commissioner of
Development Services - Providing an update with respect to the application by
Chak Cheng to rezone 7165 Bayview Avenue to satisfy the conditions of land
division to facilitate the future development of the property into two lots for
the construction of two single detached dwellings. (10.5)
(Item No. 4, Report No. 52) (By-law 2009-127)
Memo
& By-law
Referred to Commissioner of
Development Services & Town Solicitor
50-2009 Ontario
Municipal Board - Forwarding a decision to advise that the appeals are
dismissed and the proposed Official Plan Amendment and corresponding Zoning
By-law Amendment are not approved regarding the applications to permit business
and professional offices on the ground floor of 161 Main Street Unionville.
(13.13, 10.3 & 10.5)
Info
51-2009 Ontario
Municipal Board - Forwarding a memorandum of oral decision regarding the Site
Plan Application for the lands situated at 7161 and 7171 Yonge Street, 1691126
Ontario Ltd. (Liberty Development Corporation). (13.13)
Info
CARRIED
10. PROCLAMATIONS
(1) PROCLAMATIONS (3.4)
Info
Moved by
Councillor A. Chiu
Seconded by
Councillor E. Shapero
1) That
the following be proclaimed in the Town of Markham:
- Character Community Week (October 25 to 31, 2009); and,
2) That
the Communications and Community Relations Department be requested to publish
the above proclamation in the local newspapers; and further;
3) That
the proclamation of September 4, 2009 as "Day of the Sponsored Child"
be confirmed.
CARRIED
11. NEW/OTHER BUSINESS
(1) LAND ACQUISITIONS FOR
SOUTH UNIONVILLE AVENUE (8.6)
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 Regional
Councillor G. Landon
1) That
the notice of proposed sale for the Town own lands regarding Part of South
Unionville Avenue, legal described as Part of Lot 2,
Registered Plan 2196, Town of Markham, Regional Municipality of York, be confirmed.
(In-camera
Item No. 1)
CARRIED
(2) LICENSING
COMMITTEE HEARING
TAXI DRIVER #0202290 – JAVAID
BHATTI (2.23)
Moved by Regional Councillor
J. Jones
Seconded by Regional
Councillor G. Landon
1) That the following recommendation of
the Licensing Committee from the meetings held on May 27 and August 26, 2009 be
approved and adopted:
"That the decision by the
Licensing Officer to remove Taxi Driver # 0202290, Javaid Bhatti, from the
Priority List be upheld; and,
That
a comprehensive review of Markham’s moving vehicle licensing and enforcement
procedures be conducted in the near future to provide improved administration
and procedures, more clarity to clients, greater enforcement, and better
communications to clients and the public."
CARRIED
(3) LICENSING COMMITTEE HEARING
TRANSFER OF TAXI OWNER LICENSE
#M142
(FROM ILHAN KOGUKOGLU TO SIBYL
ERKAN) (2.23)
Moved by Regional
Councillor J. Jones
Seconded by Regional
Councillor G. Landon
1) That
the following recommendation of the Licensing Committee from the meeting held
on August 26, 2009 be approved and adopted:
"That the transfer of
Taxicab Owner Licence #M-142 to Sibyl Erkan be permitted, under the conditions
that the procedure outlined in Schedule 2 of By-law 2002-308, as amended, are
complied with."
CARRIED
(4) LICENSING COMMITTEE HEARING
TOW TRUCK DRIVER LICENCE # 259
-
JASON
WAINWRIGHT (2.23)
Moved by Regional
Councillor J. Jones
Seconded by Regional
Councillor G. Landon
1) That
the following recommendation of the Licensing Committee from the meetings held
on August 26 and September 1, 2009 be approved and adopted:
"That the Licensing Committee recommends that a conditional Tow
Truck Driver’s Licence # 259 be issued to Jason Wainwright, pursuant to
2002-310 as amended, and,
That the following conditions be imposed:
a) That the licence for Jason Wainwright
(the “Applicant”) be conditional for 2009-2010 and the following year if he
reapplies, and that these conditions apply for both years,
b) That the Applicant provide written
notification to the Town of Markham Licensing Officer within three (3) business
days of being charged or convicted of any Criminal Code Offence, or provincial
offence relating to the operation of his or any other tow truck, or if the
Applicant’s driver’s licence is cancelled, suspended or revoked under the Highway Traffic Act,
c) That the Applicant provide the Town of
Markham Licensing Officer with a “criminal background check and corresponding
convictions report” from York Regional Police on or before June 30, 2010, and
June 30, 2011,
d) That the Applicant operate a tow truck
within the Town of Markham only when in possession of a current Town of Markham
Tow Truck driver’s licence and in accordance with bylaw 2002-310 as amended as
well as other applicable laws,
e) That the applicant obey all directions
given to him by a police officer (or peace officer) having control of or
attempting to secure and maintain control at the scene of an accident,
f) That the Applicant maintain all
documents (including “run sheets”) required by Bylaw 2002-310, and submit
complete copies at the time of renewal applications,
g) That the Applicant provide full
disclosure on all future applications for a tow truck driver’s licence,
regardless of whether disclosure has been previously made,
h) That the Applicant apply to renew his
licence on or before June 30, 2010, and June 30, 2011, and
i) That the Applicant sign an undertaking
to the Town of Markham in a form to be approved by the Town Solicitor agreeing
to the above and:
a. To the immediate forfeiture of the
conditional licence issued to him; and
b. To not make application for an owner’s
plate nor a tow truck driver’s licence for a period of three (3) years from the
date of forfeiture, should he be in breach of any of the conditions referred to
above, as determined by the Licensing Officer."
CARRIED
12. BY-LAWS
____________________________
Council consented to consider By-laws
2009-134 to 2009-137 regarding the filling of the vacant Regional Councillor
office immediately following the delegations.
____________________________
Moved by
Regional Councillor G. Landon
Seconded by
Regional Councillor
J. Jones
That By-law
2009-134 be given three readings and enacted.
CARRIED
Moved by
Councillor D. Horchik
Seconded by Regional
Councillor G. Landon
That By-law
2009-135 be given three readings and enacted.
CARRIED
Moved by
Deputy Mayor J. Heath
Seconded by
Regional Councillor G. Landon
That By-law
2009-136 be given three readings and enacted.
CARRIED
Moved by
Deputy Mayor J. Heath
Seconded by
Councillor J. Webster
That By-law
2009-137 be given three readings and enacted.
CARRIED
Moved by
Councillor A. Chiu
Seconded by
Councillor L. Kanapathi
That By-laws
2009-124 to 2009-132 be given three readings and enacted.
Three Readings
BY-LAW 2009-124 A by-law to amend Traffic By-law 106-71 (All way stop control at
80 Acadia Avenue and 7020 Warden Avenue).
(Item No. 1, Report No. 52)
By-law
BY-LAW 2009-125 A by-law to amend Parking By-law 2005-188 (Hazelton Avenue
parking prohibition).
(Item No. 2, Report No. 52)
By-law
BY-LAW 2009-126 A by-law to amend Parking By-law 2005-188 (Barlow Road parking
prohibition).
(Item No. 3, Report No. 52)
By-law
BY-LAW 2009-127 A by-law to amend 1767, as amended (Chak Cheng, 7165 Bayview
Avenue - To facilitate the division of land and development of two single
detached residential dwelling unites on two separate lots of record).
(Item No. 4, Report No. 52)
By-law
BY-LAW 2009-128 A by-law to designate part of a certain plan of subdivision not
subject to Part Lot Control (1107656 Ontario Inc., Times Group Corp., Block 50,
Plan 65M-3226, south east of the intersection of Times Avenue and South Park
Road in Leitchcroft).
By-law
BY-LAW 2009-129 A by-law to designate part of a certain plan of subdivision not
subject to Part Lot Control (Ruland Properties Inc. (Remington Downtown
Markham), Blocks 1 to 28, Plan 65M-4060) (Rouge Valley Drive West, Lord Durham
Road, Bonnycastle Road, Mackenzie’s Stand Avenue, Roseberry Road, Upper Duke
Crescent).
By-law
BY-LAW 2009-130 A by-law to dedicate certain lands as part of the highways of the
Town of Markham (Block 31, Plan 65M-3295 - Lane K).
By-law
BY-LAW 2009-131 A by-law to amend By-law 2002-311, a by-law to appoint Deputy
Clerks for the Corporation of the Town of Markham (Delete Christopher Raynor
and add Stephen Huycke).
By-law
BY-LAW 2009-132 A by-law to amend Municipal Law Enforcement Officers Appointment
By-law 2002-178 and Parking By-law 2005-188 (Update the list for Enforcement
Officers, Parking Enforcement Agencies and Tagging Locations).
By-law
BY-LAW 2009-134 A by-law to declare the seat of the late Regional Councillor Tony
C. Wong to be vacant.
By-law
BY-LAW 2009-135 A by-law to appoint Joseph Virgilio to fill the Regional
Councillor vacancy, following the declaration of the seat of the late Regional
Councillor Tony C. Wong to be vacant.
By-law
BY-LAW 2009-136 A by-law to declare the seat of Local Councillor Ward 3 to be
vacant, following the appointment of Joseph Virgilio to the Regional Councillor
seat.
By-law
BY-LAW 2009-137 A by-law to require a by-election to be held to fill the vacancy
in the Office of Ward 3 Councillor, following the declaration of the seat for
Ward 3 Councillor to be vacant.
By-law
CARRIED
13. IN-CAMERA ITEMS
Council
considered In-Camera Items (1) and (2) during the regular portion of the
meeting and did not go into in-camera session.
REPORT
OF DEVELOPMENT SERVICES COMMITTEE- Sept. 8, 2009
(1) LAND
ACQUISITIONS FOR
SOUTH UNIONVILLE AVENUE (8.6)
Moved by
Regional Councillor
J. Jones
Seconded by
Councillor A. Chiu
1) That
the confidential report entitled “Land Acquisitions for South Unionville
Avenue”, be received; and,
2) That
the part of South Unionville Avenue described as Part of Lot 2, Registered Plan
2196, Town of Markham, Regional Municipality of York, shown hatched on
Attachment B to this report, be declared surplus to Town purposes and conveyed
to Jade-Kennedy Development Corporation in accordance with By-law 178-96, for a
nominal sum; and,
3) That
staff be authorized and directed to take all actions as set out in this report.
CARRIED
REPORT
OF GENERAL COMMITTEE - September 14, 2009
(2) 2009 COLLECTIVE BARGAINING BETWEEN
THE CORPORATION OF THE TOWN OF
MARKHAM AND
THE PROFESSIONAL FIREFIGHTERS’
ASSOCIATION (11.6)
Moved by
Regional Councillor
J. Jones
Seconded by
Councillor A. Chiu
1) That
the confidential report entitled “2009 Collective Bargaining between the
Corporation of the Town of Markham and the Markham Professional Firefighters’
Association” and the in-camera presentation be received; and,
2) That
the Town of Markham ratify the Collective Agreement as agreed to on July 7,
2009 by the Negotiation Committee appointed by the Corporation and the Markham
Professional Firefighters' Association (MPFFA) and subsequently ratified by the
MPFFA membership on July 15, 2009; and,
3) That
Staff be directed to do all things necessary to give effect to this report.
CARRIED
14. CONFIRMATORY BY-LAW
Moved by
Councillor D. Horchik
Seconded by
Councillor A. Chiu
That By-law
2009-133 be given three readings and enacted.
Three Readings
BY-LAW 2009-133 A by-law to confirm the proceedings of the Council meeting of
September 15, 2009.
(Council Meeting No. 12, 2009)
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 8:51 p.m.
___________________________________ _____________________________________
KIMBERLEY
KITTERINGHAM FRANK
SCARPITTI
TOWN
CLERK MAYOR
(Signed)