March
9, 2010
COUNCIL MINUTES Council Chamber, Civic Centre
Meeting No. 4
Alternate
formats for this document are available upon request
ROLL
CALL
Mayor F.
Scarpitti, Deputy Mayor J. Heath, Regional Councillor J. Jones, Regional
Councillor J. Virgilio, Councillor V. Burke, Councillor E. Shapero, Councillor
D. Hamilton, Councillor J. Webster, Councillor D. Horchik, Councillor L.
Kanapathi. (10)
REGRETS
Regional
Councillor G. Landon, Councillor C. Moretti, Councillor A. Chiu. (3)
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
J. Lustig, Treasurer
A. Brouwer, Deputy Clerk
J. Wong, Technology Support
Specialist
D. Flaherty,
Acting Director, Communications & Community Relations
R. Capocci,
Chief of Staff
A. Tari,
Committee Clerk
P. Wealleans,
Director of Taxation
The Regular
Meeting of Council was held on March 9, 2010 at 7:08 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 - FEBRUARY 23, 2010
Minutes
Moved by
Regional Councillor J. Virgilio
Seconded by
Regional Councillor J. Jones
That the
Minutes of the Council Meeting held on February 23, 2010, be adopted.
CARRIED
3. PRESENTATIONS
Council
consented to add Presentation (1).
(1) CREATION
OF NEW RESIDENTIAL
CONDOMINIUM PROPERTY CLASSES
- STAFF PRESENTATION (7.0)
Report
Mr. Paul
Wealleans, Director of Taxation provided a brief presentation regarding the
creation of new residential condominium property classes, summarizing his
report presented at the February 22, 2010 General Committee meeting. (Item No. 3, Report No. 9).
4. DELEGATIONS
Council
consented to add Presentation Nos. (1) to (3).
(1) Mark Kaminski addressed
Council and spoke in opposition to the recommendation regarding the creation of
new residential condominium property classes. (7.0)
(Item
No. 3, Report No. 9, February 22, 2010 General Committee).
(2) Adrian Schollen,
Markham Association of Town Home Condominium Owners (MATCO), addressed Council
and spoke in support of the recommendation regarding the creation of new
residential condominium property classes. (7.0)
(Item
No. 3, Report No. 9, February 22, 2010 General Committee).
(3) Ernie Nyitrai, Walden
Pond II, addressed Council and spoke in support of the recommendation regarding
the creation of new residential condominium property classes. (7.0)
(Item
No. 3, Report No. 9, February 22, 2010 General Committee).
5. PETITIONS
There were no
petitions considered by Council.
6(a) REPORT NO. 9 - GENERAL COMMITTEE (February
22, 2010)
Council
consented to separate Item No. 3.
Moved by Regional
Councillor J. Virgilio
Seconded by
Regional Councillor J. Jones
That Report
No. 9 - General Committee comprised of 4 items be received and adopted.
(See following
Item No. 3)
(1) STIVER MILL FARMERS MARKETS’
MARKET POST-SEASON REVIEW (5.7)
Report 1 2 3
1) That
the staff report titled Stiver Mill Farmers’ Market post-season review, dated
February 22, 2010, be received; and,
2) That
permission be granted to the Unionville Village Conservancy (UVC) by way of an agreement/permit
to use Town of Markham property at the Stiver Mill on Station Lane in
Unionville on Sundays from 10 am to 3 pm from June to Thanksgiving 2010, in a
form satisfactory to the Chief Administrative Officer and the Town Solicitor;
and,
3) That
the Mayor and Clerk be authorized to sign the agreement/permit with the UVC;
and,
4) That
the Asset Management Department be directed to proceed in constructing a
privacy fence on the north side of the Stiver Mill Farmers’ Market property as
soon as possible, prior to the season opening of the market, with the Town
being responsible for 50% of the cost; and,
5) That
staff report back to General Committee on a cost estimate for fencing the
entire Stiver Mill Farmers’ Market property; and
6) That
staff work with the UVC, the Markham Village BIA and other stakeholders to
promote Markham farmers’ markets and the local food agenda; and further,
7) That
staff be authorized and directed to do all things necessary to give effect to
this resolution.
CARRIED
1) That the resignation of Mr. Don
Poscente from the Heintzman House Community Centre Board
be accepted with regret, and a letter of appreciation be forwarded; and,
2) That
the resignations of Ms. Helen Mack, and Joyce Chau from the Markham
Environmental Advisory Committee be received with regret, and letters of
appreciation be forwarded; and,
3) That
the resignation of Ms. Susan Wong from the Animal Care Committee be
received with regret, and a letter of appreciation be forwarded; and further,
4) That
all the vacancies be filled.
CARRIED
Report
1) That
the report “Creation of New Residential Condominium
Property Classes” be received; and,
2) That
the Condominium Working Group recommends to Council that it support the
creation of new property classes for residential condominium townhomes and
residential condominium apartments in Ontario; and,
3) That
the Province of Ontario be requested to amend legislation and any necessary
regulation(s) to create a new property class for residential townhome
condominiums and a new property class for residential apartment condominiums;
and,
4) That
letters regarding this request be sent to the Premier of Ontario, the Minister
of Finance, the Minister of Municipal Affairs, the Minister of Energy and
Infrastructure, the
Canadian Condominium Institute (CCI), the Association
of Municipalities of Ontario (AMO), the Federation of Canadian Municipalities
(FCM), other Greater Toronto Area municipalities and any other appropriate
organization; and further;
5) That
staff be authorized and directed to do all things necessary to give effect to
this resolution.
CARRIED BY A UNANIMOUS RECORDED VOTE
(See following recorded vote)
Council
consented to include the following to Resolution No. 4):
"…the
Association of Municipalities of Ontario (AMO), the Federation of Canadian
Municipalities (FCM), other Greater Toronto Area municipalities…"
YEAS: Mayor
F. Scarpitti, Deputy Mayor J. Heath, Regional Councillor J. Jones, Regional
Councillor J. Virgilio, Councillor V. Burke, Councillor E. Shapero, Councillor
D. Hamilton, Councillor J. Webster, Councillor D. Horchik, Councillor L.
Kanapathi. (10)
ABSENT: Regional
Councillor G. Landon, Councillor C. Moretti, Councillor A. Chiu. (3)
(4) 2009 YEAR END REVIEW OF OPERATIONS (7.4)
Report 1 Presentation
1) That
the presentation by Mr. Joel Lustig, Treasurer, entitled “2009 Year End Review of
Operations” be received.
2) That
the report dated February 22, 2010 entitled “2009 Year End Review of Operations” be received; and
further,
3) That
the final 2009 operating variances for the Town of Markham (“Town”), Planning
and Design, Engineering, Building Standards and Waterworks departments, be
transferred in 2010 to the Town’s respective reserves in accordance with the
Town’s reserve policy.
CARRIED
6(b) REPORT NO. 10 - GENERAL COMMITTEE (March 1,
2010)
Moved by
Regional Councillor J. Virgilio
Seconded by
Councillor D. Hamilton
That Report
No. 10 - General Committee comprised of 3 items be received and adopted.
(1) 2010 CELEBRATE MARKHAM GRANTS
ALLOCATION GRANTS SUB-COMMITTEE (7.6)
Report 1 2
1) That
the Grants Sub-Committee provide a report or an update to General Committee on
or before May 1, 2010, regarding the Unionville Olde Tyme Christmas Parade;
and,
2) That
the report entitled “2010 Celebrate Markham Grants Allocation by the Grants
Sub-Committee” be received; and,
3) That
the Grants Sub-Committee recommended 2010 Allocation of Celebrate Markham
Grants as outlined in Appendix 1 be approved; and further,
4) That
Staff be authorized and directed to do all things necessary to give effect to
this resolution.
CARRIED
Report
1) That the report entitled “Waste
Management Fee Increase” be received; and,
2) That By-law 2002-276, a By-law to
impose fees and charges for services or activities provided or done by the Town
of Markham, be amended to reflect the new Waste Management fees; and,
3) That the increases in the Waste
Management fees be effective April 1, 2010; and,
4) That notice to the public be provided
in accordance with the Procedural By-law 2001-1; and further,
5) That Staff be authorized and directed
to do all things necessary to give effect to this resolution.
CARRIED
(3) ANNUAL WATER QUALITY REPORT
(JANUARY – DECEMBER 2009)
(5.3)
Report title
page 1
1) That
the report titled “Annual Water Quality Report (January-December 2009)” as
required by Schedule 22 of Ontario Regulation 170/03 enclosed herein be
received; and,
2) That
the Annual 2009 Regulatory Water Quality Report (Attachment “A”), contains information for the Ministry of the
Environment (MOE) on water supply and quality as required by Section 11 of Ontario
Regulation 170/03, be received; and,
3) That
Council directs staff to post the Annual 2009 Detailed Regulatory Water Quality
Report on the Town’s website and that it be made available and provided to
residents upon request in hard copy version on or before February 28, 2010; and
further,
4) That
Staff be authorized and directed to do all things necessary to give effect to
this resolution.
CARRIED
6(c) REPORT NO. 11 - DEVELOPMENT SERVICES
COMMITTEE (March 2, 2010)
Moved by
Councillor J. Webster
Seconded by
Councillor D. Horchik
That Report
No. 11 - Development Services Committee comprised of 2 items be received and
adopted.
(1) CONTINUATION
OF INTERPRETIVE PLAQUE PROGRAM
FOR HERITAGE CONSERVATION DISTRICT PROPERTIES (16.11)
Report
Attachments
1) That
the report titled “Continuation of Interpretive Plaque Program for Heritage
Conservation District Properties,” dated March 2, 2010, be received; and,
2) That
Council adopt the policy document “Guidelines for Interpretive Plaques for
Properties of Cultural Heritage Value or Interest in Heritage Conservation
Districts,” attached as Appendix ‘D’ in the report; and,
3) That
Council allocate up to $6,000 from the Heritage Reserve Fund (Acct. No. 087
2800 115) to provide financial assistance to the Markham Village Conservancy,
the Society for the Preservation of Historic Thornhill, and a representative
from the Unionville Heritage Conservation District, to fund the continuation of
the interpretive plaque program in heritage conservation districts, in
accordance with the Guidelines; and,
4) That
Council approve a grant of $900 (of the $6,000 allocation) to the Markham
Village Conservancy to complete the Peter Street plaque initiative for 6
remaining properties; and,
5) That
future funding of the program be brought forward through the capital budget
process; and,
6) That
the Town of Markham request the Markham Village Conservancy to permit their
plaque design and promotional material to be referenced as the basis for
similar plaques in Markham’s other heritage conservation districts; and
further,
7) That
Staff be authorized and directed to do all things necessary to give effect to
this resolution.
CARRIED
(2) PROPOSED
ON-STREET PARKING ON THE
WEST SIDE OF SOUTH TOWN CENTRE BOULEVARD,
MARKHAM CENTRE (5.12.4)
Report
Attachments
1) That the report entitled “Proposed On-Street Parking on the
west side of South Town Centre Boulevard in Markham Centre”, be received; and,
2) That Schedule “C” of Parking Control By-Law 2005-188, be
amended to prohibit parking on the west side of South Town Centre Boulevard,
between a point 100 metres south of Highway 7 to a point 45 metres north of
Clegg Road, during the hours of 7:00am to 10:00am, and from 4:00pm to 6:00pm;
and,
3) That Schedule “L” of Traffic By-Law 2005-188, be amended to
permit on-street paid parking on the west side of South Town Centre Boulevard,
between a point 100 metres south of Highway 7 to a point 45 metres north of
Clegg Road, during the hours of 10:00am to 4:00pm and from 6:00pm to 9:00pm,
with the parking rate and time stay period established by the Parking Advisory
Committee of $1.00 per hour with a 3 hour maximum time stay; and,
4) That
the Engineering Department work with
the Operations Department to install one pay and display parking meter, concrete
pad and appropriate regulatory and information signs at the subject
location, funded through the Engineering Department Parking Management Program
capital account 83-53509328005 to be reimbursed by Times Development Group;
and,
5) That the Operations Department be directed to maintain the concrete
pad and signs at the subject location; and,
6) That
the Parking Control Department be directed to include this new paid parking
location in the current pay and display parking meter maintenance contract the
Town has with Precise Parklink Inc. and to enforce paid parking upon the
amendment of the Parking Control By-Law, the installation of the pay and
display parking meter and associated regulatory signs; and further,
7) That
staff be authorized and directed to do all things necessary to give effect to
this resolution.
(By-law 2010-22)
CARRIED
7. MOTIONS
There were no
motions considered by Council.
8. NOTICES OF MOTIONS
There were no
notices of motions considered by Council.
9. COMMUNICATIONS
Council
consented to add Communication No. 12-2010.
Moved by
Councillor L. Kanapathi
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
10-2010 Markham
Stouffville Hospital Legacy 5 km Run/Walk - Forwarding a request to temporarily
close various roads on April 25, 2010 to facilitate the run/walk as follows:
- Close from Church
Street and Butternut Lane (9:00 am to 1:00 pm)
- Start:
Country Glen Road (9:00 am to 1:00 pm)
- North of Church Street
on Country Glen Road (10:00 am to 10:30 am)
- Follow Country Glen
North Road to Morning Dove Drive (10:00 am to 10:30 am)
- East on Morning Dove
Drive to Cornwall Drive (10:00 am to 11:00 am)
- South on Cornwall
Drive to Whites Hill Ave. (10:00 am to 11:00 am)
- West on Whites Hill
Ave to Bur Oak Ave. (10:00 am to 11:00 am)
- South on Bur Oak Ave
to south of Church (10:00 am to 12:00 am)
- About 400 m south on
Bur Oak Ave and turn around back to Church Street (10:00 am to 12:00 am)
- West on Church Street
back to Country Glen (9:00 am to 12:00 am)
- End at North on Country Glen to finish (9:00 am to 12:00 am)
(3.5) Info
11-2010 Liquor Licence
Application - Forwarding a request to complete the Alcohol and Gaming
Commission Municipal Information Form for Spicy or Not, 6001 14th
Avenue, Unit B3 (Change of ownership for existing premises previously licenced)
(3.21)
Info
12-2010 Commissioner of Development Services -
Providing an update with respect to the proposed Hold Removal By-law for Jade-Kennedy Development Corporation, east side of
Kennedy Road between Castan Avenue and South Unionville Avenue. (10.5)
(By-law 2010-27) Memo
CARRIED
10. PROCLAMATIONS
Council
consented to add Proclamation (1).
Moved by
Councillor V. Burke
Seconded by
Councillor E. Shapero
That
Proclamation (1) be received and adopted.
(1) PROCLAMATION (3.4)
Info
1) That
March 2010 be proclaimed as "Red Cross Month" in the Town of Markham;
and,
2) That the Red Cross flag be raised at the
Anthony Roman Markham Civic Centre flagpole for the duration of Red Cross
Month; and further,
3) That
the Communications and Community Relations Department be requested to publish
the proclamation in the local newspapers.
CARRIED
11. NEW/OTHER BUSINESSES
Council
consented to add New/Other Business (1).
(1) 2010
WINTER OLYMPICS (12.2.6)
That a message
of appreciation and acknowledgement from the Council of The Corporation of the
Town of Markham be sent to the municipalities in the Lower Mainland of
Vancouver in recognition of their efforts in organizing the 2010 Winter
Olympics.
CARRIED
(2/3 Vote was
requested & obtained)
Moved
by Deputy Mayor J. Heath
Seconded
by Regional Councillor J. Jones
That
Other Business (1) regarding the 2010 Winter Olympics be adopted.
CARRIED
12. BY-LAWS
Council
consented to add By-law 2010-27.
Moved by
Councillor D. Horchik
Seconded by
Councillor E. Shapero
That By-laws 2010-22
to 2010-25 and By-law 2010-27 be given three readings and enacted.
Three Readings
BY-LAW 2010-22 A by-law to amend Parking By-law 2005-188 (On-street parking on
the west side of South Town Centre Boulevard).
(Item No. 2, Report No. 11)
By-law
BY-LAW 2010-23 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 2010-24 A by-law to designate a property as being of Historic and/or
Architectural Value or Interest (The Stiver Tenant House, 9719 to 9721 Kennedy
Road).
(Item No. 4, Report No. 48, 2001)
By-law
BY-LAW 2010-25 A by-law to designate a property as being of Historic and/or
Architectural Value or Interest (The Nichols Farmhouse & Louis Nichols
House, 10519 and 10521 Woodbine Avenue).
(Item No. 1, Report No. 73, 2009)
By-law
BY-LAW 2010-27 A by-law to amend By-law 177-96, as amended (Jade-Kennedy Development Corporation, east side of
Kennedy Road between Castan Avenue and South Unionville Avenue - Removal of
Hold provision to permit construction of an apartment building.
(Communication No. 12-2010)
By-law
CARRIED
13. IN-CAMERA ITEMS
Council
considered In-Camera Items (1) to (3) during the regular session of the meeting
and did not resolve into in-camera session.
Moved by
Regional Councillor J. Virgilio
Seconded by Regional
Councillor J. Jones
That In-Camera
Item Nos. (1) to (3) be received and adopted.
REPORT
OF GENERAL COMMITTEE - March 1, 2010
(1) PROPERTIES
READY FOR TAX SALE (7.3)
1) That
the report entitled “Properties Ready For Tax Sale”, be received; and,
2) That
staff be authorized to proceed as directed by Council.
CARRIED
REPORT
OF GENERAL COMMITTEE - March 8, 2010
(2) VARLEY ART GALLERY
EXPANSION
– PRIME CONSULTANT CONTRACT CHANGE (8.0)
1) That
the report titled “Varley Art Gallery Expansion – Prime Consultant Contract
Change” was received; and,
2) That
Staff be authorized and directed to take the actions set out in the report.
CARRIED
REPORT
OF DEVELOPMENT SERVICES COMMITTEE - March 9, 2010
(3) HIGHWAY 7 SANITARY
SEWER PROJECT:
PROPOSED AGREEMENTS WITH PD 1-7
DEVELOPERS TO ACQUIRE LANDS FROM THE
ONTARIO REALTY CORPORATION (5.5)
1) That
the report entitled “Highway 7 Sanitary Sewer Project: Proposed Agreements with
PD 1-7 Developers to acquire lands from the Ontario Realty Corporation” be
received; and,
2) That
staff be directed to do all things necessary to give effect to this report,
including the execution of document.
CARRIED
14. CONFIRMATORY BY-LAW
Moved by
Councillor L. Kanapathi
Seconded by
Councillor V. Burke
That By-law 2010-26
be given three readings and enacted.
Three Readings
BY-LAW 2010-26 A by-law to confirm the proceedings of the Council meeting of March
9, 2010.
(Council Meeting No. 4, 2010)
By-law
CARRIED
15. ADJOURNMENT
Moved
by Councillor L. Kanapathi
Seconded
by Councillor D. Hamilton
That the meeting do adjourn.
CARRIED
Council
adjourned at 8:11 p.m.
___________________________________ _____________________________________
ANDREW
BROUWER FRANK
SCARPITTI
DEPUTY
TOWN CLERK MAYOR
(Signed)