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                                                                                                    March 1, 2011

COUNCIL MINUTES Council Chamber, Civic Centre

Meeting No. 5

 

Alternate formats for this document are available upon request

 

ROLL CALL

Mayor Frank Scarpitti, Deputy Mayor Jack Heath, Regional Councillor Jim Jones, Regional Councillor Gord Landon, Regional Councillor Joe Li, Councillor Valerie Burke, Councillor Howard Shore, Councillor Don Hamilton, Councillor Colin Campbell, Councillor Alan Ho, Councillor Logan Kanapathi, Councillor Alex Chiu.

 

REGRETS

Councillor Carolina Moretti

 

STAFF

John Livey, Chief Administrative Officer

Jim Baird, Commissioner of Development Services

Brenda Librecz, Commissioner of Community and Fire Services

Andy Taylor, Commissioner of Corporate Services

Catherine Conrad, Town Solicitor

Andrew Brouwer, Deputy Town Clerk

Kitty Bavington, Council/Committee Coordinator

John Wong, Technology Support Specialist

Dennis Flaherty, Director, Communications & Community Relations

Joel Lustig, Treasurer

Andrea Tang, Manager of Financial Planning

Ralph Capocci, Mayor’s Chief of Staff

Peter Loukes, Director of Operations

Bill Snowball, Fire Chief

Adam Grant, Public Education Officer

 

 

The Regular Meeting of Council convened at 7:17 p.m. on March 1, 2011 in the Council Chamber, Civic Centre.  Mayor Frank Scarpitti presided.

 

 

1.         DISCLOSURE OF PECUNIARY INTEREST

 

(1)        Councillor Valerie Burke disclosed an interest with respect to Report No. 14, Item No. 5, Terms of Reference for Thornhill Area Revitalization Working Group, by nature of a family owned business in the area, and did not take part in the discussion or voting on this matter.

 


 

 

2.         MINUTES

 

(1)        COUNCIL MINUTES – FEBRUARY 8, 2011

            Minutes

 

Moved by Councillor Alex Chiu

Seconded by Councillor Don Hamilton

 

That the Minutes of the Council Meeting held on February 8, 2011, be adopted.

 

CARRIED

 

 

 

3.         PRESENTATIONS

 

Council consented to add Presentation No. 3.

 

(1)        INNOVATION SYNERGY CENTRE IN MARKHAM (ISCM)
            - RECOGNITION OF BOARD MEMBERS AND
            PRESIDENTS/CEOS (12.2.6)

 

Council recognized the Innovation Synergy Centre in Markham (ISCM) Board Members and Presidents/CEOs for their efforts and contributions to the success of the ISCM, including:

 

-     Frank Scarpitti, Chair

-     Ron Smith, Vice Chair

-     Jeremy Laurin, President and CEO

-     Theodore Peridis, Board Member

-     Andrew Wilkes, Board Member

-     Frank Maw, Board Member

-     Terry Graham, Board Member

-     Robert Glandfield, Past President and CEO

-     Katherine Janzen, Past Board Member

 

 

(2)        UNITED WAY OF YORK REGION 2010 CHEQUE PRESENTATION (12.2.6)

Mayor Frank Scarpitti and Mr. Adam Grant, Public Education Officer and Chair of the 2010 Town of Markham United Way Employee Fundraising Campaign, presented a cheque in the amount of $105,814.00 to Mr. Daniele Zanotti, CEO, United Way of York Region.

 


 

(3)        2011 BUDGET (7.4 & 7.5)

            Presentation

 

Mayor Frank Scarpitti thanked Budget Chief Regional Gord Landon and Deputy Budget Chief Councillor Logan Kanapathi for their leadership throughout the 2011 budget process.  He also thanked Members of Council for their ongoing support.

 

Mayor Frank Scarpitti recognized Members of the Budget Sub-Committee and staff for their critical support, including:

 

Members of Budget Sub-committee

Deputy Mayor Jack Heath, Regional Councillor Jim Jones, Regional Councillor Joe Li, Councillor Howard Shore, Councillor Don Hamilton, Councillor Colin Campbell and Councillor Alan Ho.

 

            Staff

John Livey, Jim Baird, Brenda Librecz, Andy Taylor, Joel Lustig, Andrea Tang, Raj Raman, Karen Liu, Matthew Vetere, Noeline Chipun, Veronica Siu, Jonathan Tate and Raymond Law.

 

Joel Lustig, Treasurer, outlined the budget development and approval processes.  A proposed budget of $333.2 million was presented, including: $6.1 million for Engineering; $7.0 million for Planning and Design; $7.4 million for Building Services; $73.1 million for Capital; $164.6 million for Operating, $75.0 million Waterworks (approved).  Highlights of the projects and initiatives included in the proposed budget were also outlined.

 

Budget Sub-committee Chief Regional Councillor Landon thanked Council Members and staff involved in the budget process for their hard work in achieving the positive budget.

 

Moved by Regional Councillor Gord Landon

Seconded by Councillor Logan Kanapathi

 

That the presentation of Treasurer Joel Lustig regarding the 2011 Budget be received.

(For 2011 Budget adoption, see Other New/Other Businesses 2)

 

CARRIED

 

 


 

4.         DELEGATIONS

 

Council consented to add the delegations with respect to the Shops on Steeles development application and to receive the letter from Mr. Peter Shurman, MPP Thornilll.

 

(1)        SHOPS ON STEELES DEVELOPMENT APPLICATION (10.0)

            Letter

 

Mayor Frank Frank Scarpitti thanked residents for coming out to express their views on the “Shops on Steeles” development application.  He noted the application had been previously denied by Markham Council and subsequently it was appealed by the applicant to the Ontario Municipal Board. 

 

Moved by Councillor Alex Chiu

Seconded by Regional Councillor Gord Landon

 

1)         That the following delegation in opposition to the Shops on Steeles development application currently under appeal at the Ontario Municipal Board be received:

1.         Gary Kay

2.         David Shiner, Councillor, City of Toronto

3.         Sharon Schranz

4.         Alan Diner, President, German Mills Residents’ Association

5.         Mary E. Cook

6.         Ellen Lowcock

7.         Brian Chadderton

8.         Tony Hsiung

9.         Karen Cilevitz

10.       Brahm Satov

11.       Eileen Liasi, Member, Shops on Steeles Working Group

12.       Gerald Diner, Chair, Shops on Steeles Working Group

13.       Alan Myers

14.       Peggy Granatstein, Member, German Mills Residents’ Association

15.       Paul Fink

16.       Bob James

17.       Marion Matthias; and,

 

2)         That the letter dated March 1, 2011 from Mr. Peter Shurman, MPP Thornhill, providing comments with respect to the Shops on Steeles development application be received.

 

CARRIED

 

 


 

5.         PETITIONS

 

Council consented to add Petition No. 1.

 

(1)        SHOPS ON STEELES DEVELOPMENT APPLICATION PETITION (10.0)

            Petition

 

Moved by Councillor Alex Chiu

Seconded by Regional Councillor Gord Landon

 

That the petition signed by approximately 54 residents outlining their opposition to the Shops on Steeles development application currently under appeal at the Ontario Municipal Board be received.

 

CARRIED

 

 

 

6(a)      REPORT NO. 13 - GENERAL COMMITTEE (February 14, 2011)

 

Moved by Councillor Alex Chiu

Seconded by Regional Councillor Jim Jones

 

That Report No. 13 – General Committee comprised of 3 items be received and adopted, except Item No. 3. (See following Item No. 3)

 

 

(1)        STATUS OF CAPITAL PROJECTS AS OF
NOVEMBER 30, 2010 (7.0)

            Report     Exhibit A B C

 

1)         That the report entitled “Status of Capital Projects as of November 30, 2010” be received; and,

 

2)         That $10.65M from closed capital projects be transferred to the sources of funding as listed on Exhibit A; and further,

 

3)         That Staff be authorized and directed to do all things necessary to give effect to this resolution.

 

CARRIED

 


 

(2)        2011 PROPERTY REASSESSMENT:
            YEAR 3 PHASE-IN SUMMARY (7.1)

            Report     Attachment

 

1)         That the report entitled “2011 Property Reassessment: Year 3 Phase-in Summary” be received for information; and,

 

2)         That staff be authorized and directed to do all the things necessary to give effect to this resolution.

 

CARRIED

 

 

(3)        TORONTO REGION AND CONSERVATION (TRCA)
- DON WATERSHED REGENERATION
COUNCIL APPOINTMENT (16.24)

          Letter

 

1)         That the letter dated January 3, 2011 from the Toronto Region and Conservation Authority (TRCA) requesting that the Town of Markham appoint one (1) Member of Council to the Don Watershed Regeneration Council be received; and,

 

2)         That Councillor Valerie Burke be appointed to the Don Watershed Regeneration Council of Toronto Region Conservation Authority for the term ending November 30, 2014; and further,

3)         That Councillor Howard Shore be appointed as the alternate, if permitted by the Toronto Region and Conservation (TRCA).

 

CARRIED

 

          Council consented to add the words “...by the Toronto Region and Conservation (TRCA).” at the end of Resolution No. 3.

 

 


 

6(b)      REPORT NO. 14 - DEVELOPMENT SERVICES COMMITTEE
            (February 22, 2011)

 

Council consented to separate Item No. 5 to allow Councillor Valerie Burke an opportunity to disclose an interest.

 

Moved by Councillor Alex Chiu

Seconded by Regional Councillor Jim Jones

 

That Report No. 14 – Development Services Committee comprised of 5 items be received and adopted, except Item No. 5. (See following Item No. 5)

 

(1)        RECOMMENDATION REPORT
            MILLIKEN DEVELOPMENT CORPORATION
            PROPOSED OFFICIAL PLAN AND ZONING BY-LAW AMENDMENTS
            TO PERMIT INSTITUTIONAL USES CONSISTING OF A RETIREMENT
            HOME, LONG TERM CARE FACILITY AND
            AN ASSISTED LIVING  FACILITY AT 31, 67 & 73 OLD KENNEDY ROAD
            AND 4550 & 4576 STEELES AVENUE
            FILES: OP 10 120215 AND ZA 10 120216 (10.3 AND 10.5)

            Report  Attachments

 

1)         That the staff report entitled “RECOMMENDATION REPORT, Milliken Development Corporation, Proposed Official Plan and Zoning By-law amendments to permit institutional uses consisting of a retirement home, long term care facility and an assisted living facility at 31, 67 & 73 Old Kennedy Road and 4550 & 4576 Steeles Avenue”, be received; and,

 

2)         That the record of the Public Meeting held on September 14, 2010 with respect to the proposed amendments to the Official Plan and Zoning By-law, be received; and,

 

3)         That the application submitted by Milliken Development Corporation to amend the Official Plan, be approved, and the draft Official Plan amendment attached as Appendix ‘A’, be finalized and enacted without further notice; and,

 

4)         That the application submitted by Milliken Development Corporation to amend the Zoning By-law, be endorsed in principle, and the proposed Zoning By-law amendment be brought forward to Council for enactment once the applicant has provided additional information, as outlined in this report,  required to finalize the By-law; and,


 

5)         That the Town owned lands at 4576 Steeles Avenue (Concession 6, Lot 1) be declared surplus to Town purposes by By-law, upon completion of Midland Avenue EA confirming the ultimate alignment and right-of-way requirements, and conveyed to the adjacent land owner at a purchase price based on fair market value as established by an independent third party appraisal to the satisfaction of the Town’s Chief Administrative Officer, at the time of site plan approval, with the said appraiser to be retained by the Town at purchaser’s sole cost and expense; and further,

 

6)         That Staff be authorized and directed to do all things necessary to give effect to this resolution.

            (By-law 2011-59)

 

CARRIED

 

 

(2)        PROPOSED PARKING PROHIBITIONS
            - RACHEL CRESCENT, FORTY SECOND STREET
            & BECKENRIDGE DRIVE (5.12.4)

            Report  Attachment A  Attachment B  Attachment C  Attachment D 

 

1)         That the staff report entitled “Proposed Parking Prohibitions – Rachel Crescent, Forty Second Street & Beckenridge Drive”, be received; and,

 

2)         That Schedule “C” of Traffic By-law 2005-188, be amended by prohibiting parking on both sides of Rachel Crescent, between the west property line of #67 and a point 15 metres north of Bales Way (south intersection); and,

 

3)         That Schedule “C” of Traffic By-law 2005-188, be amended by prohibiting parking on the south/west side of Forty Second Street, between the property line of  #75/77  and the property line of #83/85; and,

 

4)         That Schedule “C” of Traffic By-law 2005-188, be amended by prohibiting parking on both sides of Beckenridge Drive, between the property line of #24/26 and the property line of #30/32; and,

 

5)         That the Operations Department be directed to install the appropriate signs at the subject locations, funded through the Operations Department account # 083-5399-8402-005; and,

 

6)         That the Operations Department be directed to maintain the signs at the subject locations; 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 2011-60)

 

CARRIED

 

 

(3)        RECOMMENDATION REPORT
            JADE–KENNEDY DEVELOPMENT CORPORATION
            (SOUTH UNIONVILLE SQUARE) – PHASE 2
            EAST SIDE OF KENNEDY ROAD BETWEEN
            CASTAN AVENUE AND FUTURE SOUTH UNIONVILLE AVENUE
            APPLICATION FOR SITE PLAN APPROVAL
            FOR AN APARTMENT BUILDING
            (SC 10 131056) (10.6)

            Report  Attachment 

 

1)         That the staff report dated February 22, 2011 entitled “Jade-Kennedy Development Corporation (South Unionville Square) – Phase 2, East side of Kennedy Road between Castan Avenue and future South Unionville Avenue, Application for site plan approval for an apartment building,” be received; and,

 

2)         That the application be endorsed, in principle; and,

 

3)         That site plan approval be delegated to the Director of Planning or designate, to be issued following execution of a site plan agreement (Site Plan Approval is issued only when the Director has signed the site plan “approved”), when the following conditions have been met; and,

 

·        The Owner has entered into a site plan agreement with the Town containing all standard and special provisions and requirements of the Town and public agencies and the conditions outlined in Schedule ‘A’ to the February 22, 2011 staff report.

·        The trustee for the South Unionville Landowners Group has advised the Town in writing that the Owner is in good standing with the Group; and,

 

4)         That 373.3 persons (253 apartment units, less the 35% LEED Silver bonus) of servicing allocation be granted by Council to Jade-Kennedy Development Corporation; and,


 

5)         That the Mayor and Clerk be authorized to execute a Section 37 agreement with the Owner; and further,

 

6)         That Staff be authorized and directed to do all things necessary to give effect to this resolution.

 

CARRIED

 

 

(4)        PROGRAM TO PREPARE A NEW
            TOWN OF MARKHAM OFFICIAL PLAN (10.3)

            Report+Apps A-C  App D  Fig 1  Fig 2  Fig A1  Presentation

 

1)         That the presentation entitled “New Markham Official Plan” dated February 22, 2011, be received; and,

 

2)         That the Report entitled “Program to Prepare a New Town of Markham Official Plan” dated February 22, 2011, be received; and,

 

3)         That the program to prepare a new Town Official Plan outlined in the report be endorsed; and,

 

4)         That Development Services Commission Staff be authorized to complete the required work and consultation, relating to the preparation of the Official Plan in accordance with the program described in the report; and,

 

5)         That Staff be authorized to proceed with arrangements for an initial component of the public consultation program during the first half of 2011, including a statutory special meeting of Council as described in the report; and further,

 

6)         That Staff be authorized and directed to do all things necessary to give effect to this resolution.

 

CARRIED

 


 

(5)        TERMS OF REFERENCE FOR THE THORNHILL
            AREA REVITALIZATION WORKING GROUP (10.0)

            Memo

 

1)         That the memorandum entitled: “Terms of Reference for the Thornhill Area Revitalization Working Group” be received; and,

 

2)         That the Terms of Reference for the Thornhill Area Revitalization Working Group, attached as Appendix A to this memorandum, be endorsed; and further,

 

3)         That staff be authorized to do all things necessary to give effect to this resolution.

 

CARRIED

(Councillor Valerie Burke abstained)

 

 

 

6(c)      REPORT NO. 15 - DEVELOPMENT SERVICES PUBLIC MEETING
            (February 22, 2011)

 

Moved by Regional Councillor Jim Jones

Seconded by Councillor Don Hamilton

 

That Report No. 15 – Development Services Public Meeting comprised of 1 item be received and adopted.

 

(1)        PROPOSED AMENDMENTS TO
            DEVELOPMENT FEE AND BUILDING FEE BY-LAWS (10.0)

            Report  Attachment A  Attachment B 

 

1)         That the Record of the Public Meeting held on February 22, 2011, with respect to the proposed amendments to the Development and Building Fee By-laws be received; and,

 

2)         That the amendment to the “Tariff of Fees for Processing Planning Applications,” By-law 211-83, substantially in the form attached as Attachment "A", be enacted; and,

 

3)         That By-law 2009-160 be repealed and the attached “By-law respecting Construction, Demolition and Change of Use Permits and Inspections,” attached as Attachment “B”, be enacted; and further,

 

4)         That the By-laws come into force and take effect on March 2, 2011.

            (By-laws 2011-61 and 2011-62)

 

CARRIED

 


 

 

6(d)      REPORT NO. 16 - GENERAL COMMITTEE (February 28, 2011)

 

Council consented to add Report No. 16.

 

Moved by Councillor Alex Chiu

Seconded by Councillor Colin Campbell

 

That Report No. 16 – General Committee comprised of 7 items be received and adopted.

 

(1)        APPOINTMENTS TO ADVISORY
            BOARDS/COMMITTEES (16.24)

 

1)         That Councillor Carolina Moretti be appointed to the Friends of the Markham Museum Board with a term ending November 30, 2014.

 

CARRIED

 

 

(2)        APPOINTMENT OF MEMBERS TO THE
BOARD OF MANAGEMENT OF THE
MAIN STREET
MARKHAM BUSINESS IMPROVEMENT AREA (BIA) (16.24)

 

1)         That Council appoint Paul Cicchini, Roger Clements, Daniel Gauthier, Vic Hartman, Tracy Kaitabanis, Diane Kobelansky, Terrence Pochmurski and Behzad Safati as Directors of the Board of Management for the Main Street Markham Business Improvement Area for a term to expire November 30, 2014; and,

 

2)         That Council appoint Councillor Carolina Moretti and Councillor Colin Campbell as Directors of the Board of Management for the Main Street Markham Business Improvement Area for a term to expire November 30, 2014.

 

CARRIED

 

 

(3)        2010 INVESTMENT PERFORMANCE REVIEW (7.0)

            Report     Exhibits 1-6

 

1)         That the report dated January 25, 2011 entitled “2010 Investment Performance Review” be received; and,

 

2)         That the Town’s Investment Interest Allocation Policy be updated to reflect that the Town’s average bond market rate of return be allocated to the Town’s Trust Funds; and further,


 

3)         That staff be authorized and directed to do all things necessary to give effect to this resolution.

 

CARRIED

 

 

(4)        DELEGATION OF AUTHORITY FOR
PROTECTION OF INTELLECTUAL PROPERTY (12.0)

            Report

 

1)         That the Chief Administrative Officer be delegated authority to approve and (in consultation with the Town Solicitor) apply for trade-mark, official mark, copyright, domain name or similar registration (as applicable) in respect of any corporate identifiers, words, tag lines, designs or other marks used in connection with the Town of Markham’s operations, services, programs, projects, publications, website, or other initiatives (collectively “Corporate Identifiers”); and,

 

2)         That Chief Administrative Officer report back to General Committee on the use of delegated authority; and further,

 

3)         That the Chief Administrative Officer, or designate, be authorized and directed to do all things necessary to give effect to this resolution, including, without limitation, the execution of application forms or other applicable documentation.

 

CARRIED

 

 

(5)        SPRING AND YEAR-ROUND LOAD
RESTRICTIONS FOR THE TOWN OF
MARKHAM’S ROAD NETWORK (5.0)

            Report     Appendix A & B

 

1)         That the report titled ‘Spring and year round load restrictions for the Town of Markham’s road network’ be received; and,

 

2)         That the gross weight of commercial vehicles be restricted to 5 tonnes per axle on all public highways under the jurisdiction of the Town of Markham, from March 1, 2011 to April 30, 2011, according to the attached by-law “Appendix A ”; and,

 

3)         That should adverse spring thaw conditions be encountered due to a harsh winter, at the discretion of the Director of Operations, the load restrictions be extended up to May 31, 2011 (up to four weeks); and,


 

4)         That the gross vehicle weight of commercial vehicles be restricted to 5 tonnes per axle for the hard surfaced Town roads listed in Appendix ‘B’, from March 1, 2011 to February 28, 2012, according to the attached by-law “Appendix B”; and,

 

5)         That according to the Highway Traffic Act Sec. 122(4) the restrictions would exempt vehicles operated by or on behalf of the municipality and school busses; and,

 

6)         That the Director of Operations be authorized to grant exemptions to the By-law to permit heavy vehicular loads, at his discretion; and further,

 

7)         That Staff be authorized and directed to do all things necessary to give effect to this resolution.

            (By-laws 2011-72 and 2011-73)

 

CARRIED

 

 

(6)        2010 QUALITY MANAGEMENT SYSTEM
MANAGEMENT REVIEW OUTCOMES (5.3)

            Report     Attachment A     Attachment B     Attachment C     Attachment D

 

1)         That the report entitled “2010 Quality Management System Management Review Outcomes” be received; and,

 

2)         That Council, as the Owner of the Town’s drinking water system, acknowledge and support the outcomes and action items identified from the 2010 Management Review; and,

 

3)         That Council, as the Owner of the Town’s drinking water system, acknowledge and endorse the revisions make to the Town’s QMS documentation as the result of the annual document review as outlined in Attachments “C” & “D”; and further,

 

4)         That Staff be authorized and directed to do all things necessary to give effect to this resolution.

 

CARRIED

 


 

(7)        CELEBRATION OF MARKHAM'S IRISH HERITAGE (3.5)

 

1)         Whereas Markham Council is dedicated to embracing, promoting and celebrating the heritage and diversity of Markham, be it resolved; and,

 

2)         That Markham Council endorse and support an annual event celebrating Markham's Irish heritage and the contribution of the Irish community to Markham's growth and success.

 

CARRIED

 

 

 

6(e)      REPORT NO. 17 - DEVELOPMENT SERVICES COMMITTEE (March 1, 2011)

 

Council consented to add Report No. 17.

 

Moved by Regional Councillor Jim Jones

Seconded by Councillor Don Hamilton

 

That Report No. 17 – Development Services Committee comprised of 1 item be received and adopted.

 

 

(1)        MARKHAM LIVE COMMITTEE MINUTES
            - FEBRUARY 10 AND FEBRUARY 22, 2011 (16.24)

            Feb 10 Minutes  Feb 22 Minutes

 

1)         That the minutes of the Markham Live Committee meetings held February 10 and February 22, 2011, be received for information purposes; and,

 

2)         That the following recommendation from the Markham Live Committee meeting held on February 10, 2011 be endorsed:

 

“That due to time constraints and the specialized nature of the work required, the Town, pursuant to section 7 1 (g) of the Town’s purchasing by-law negotiate a contract for the supply of goods or services without a competitive process “where it is in the Town’s best interest not to solicit a competitive bid” and section 7 1 (h) which states “where it necessary or in the best interests of the Town to acquire non-standard items or Consulting and Professional Services from a preferred supplier or from a supplier who has a proven track record with the Town in terms of pricing, quality and services”, retain the following preferred suppliers at a cost of $62,500, for an evaluation of the feasibility of the proposed Markham International Sports Training Academy (MISTA):


 

Adamson (in progress)                                                                          $30,000.

Cannon Design (in progress)                                                                 $10,000.

Morrissey Consulting (in progress)                                                        $5,000.

AJ Hooker – Quantity Surveyors                                                          $5,000.

Lang Marketing Network –Naming Rights                                            $7,500.

ASBell Consulting – Revenue, Operating Expense analysis                    $5,000.”; and

 

3)         That the following recommendation from the Markham Live Committee meeting held on February 22, 2011 be endorsed:

 

“That in addition to the resolution of the Markham Live Committee on February 10, 2011, the following additional preferred suppliers costs of $20,000, for an evaluation of the feasibility of the proposed Markham International Sports Training Academy (MISTA) be approved:

 

Adamson (in progress)                                                                          $ 10,000.

Morrissey Consulting (in progress)                                                        $10,000.”; and

 

4)         That Regional Councillor Joe Li and Councillor Logan Kanapathi be appointed to the Markham Live Committee; 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 considered by Council.

 

 

 

8.         NOTICES OF MOTIONS

 

There were no notices of motions considered by Council.

 

 


 

9.         COMMUNICATIONS

 

Moved by Councillor Alex Chiu

Seconded by Councillor Alan Ho

 

That Council receive and consent to the disposition of communications in the following manner:

 

Referred to all Members of Council

14-2011           Municipal Information Form for Liquor Licence Application - Forwarding a request to complete the Alcohol and Gaming Commission Municipal Information Form for Shiso Tree Restaurant, 3160 Steeles Avenue East, Unit 1 (Ward 8) (Change of ownership and the premises was previously licenced) (3.21)

                        Info

 

CARRIED

 

 

15-2011           Municipal Information Form for Liquor Licence Application - Forwarding a request to complete the Alcohol and Gaming Commission Municipal Information Form for House of Garden, 1661 Denison Street, Unit 26 (Ward 8) (Change of ownership and the premises was previously licenced) (3.21)

                        Info

CARRIED

 

 

16-2011           Municipal Information Form for Liquor Licence Application - Forwarding a request to complete the Alcohol and Gaming Commission Municipal Information Form for King’s Kitchen, 8261 Woodbine Avenue, Unit 8 (Ward 6) (Change of ownership and the premises was previously licenced) (3.21)

                        Info

 

CARRIED

 

 

17-2011           Municipal Information Form for Liquor Licence Application - Forwarding a request to complete the Alcohol and Gaming Commission Municipal Information Form for Mr. Ravivo, 87 Green Lane, Unit 4 (Ward 2) (Change of ownership and the premises was previously licenced) (3.21)

                        Info

 

CARRIED

 


 

18-2011           Sara Sterling, Race Director, Markham Women’s 5 k and 1 k Run/Walkathon - Forwarding a request to temporarily close the following roads on May 8, 2011 from 8:30 a.m. to 9:30 a.m. to facility the run/walk event aimed at raising funds for the Tanzania Girls School Residence Project at Plan Canada:

                        - Main Street Unionville South from East Drive to Enterprise Drive

                        - Enterprise Drive from Main Street Unionville South to just before Warden Ave.

                        (3.5)

                        Info

 

CARRIED

 

 

19-2011           Sara Sterling, Event Coordinator, Markham Stouffville Hospital Legacy 5 km Run/Walk - Forwarding a request to temporarily close various roads on April 17, 2011 to facilitate the run/walk as follows:

-           Race Start from Country Glen Road at Riverlands Avenue

            (9:00 a.m. – 1:00 p.m.)

-           Follow Country Glen North Road to Morning Dove Drive

            (10:00 a.m. to 10:30 a.m.)

-           East on Morning Dove Drive to Cornwall Drive

            (10:00 a.m. - 11:00 a.m.)

-           South on Cornwall Drive to Whites Hill Avenue

            (10:00 a.m. - 11:00 a.m.)

-           East on Whites Hill Avenue to John Allan Cameron Street

            (10:00 a.m. - 11:00 a.m.)

-           South on John Allan Cameron Street to Shady Oaks Avenue

            (10:00 a.m. - 11:00 a.m.)

-           West on Shady Oaks Avenue to Summerside Court

            (10:00 a.m. - 11:00 a.m.)

-           North on Summerside Court to Whites Hill Avenue

            (10:00 a.m. - 11:00 a.m.)

-           West on Whites Hill Avenue to Bur Oak Avenue

            (10:00 a.m. - 11:00 a.m.)

-           South on Bur Oak Avenue to Riverlands Avenue

            (10:00 a.m. - 11:15 a.m.)

-           West on Riverlands Avenue back to Country Glen for Finish

            (9:00 a.m. to 1:00 p.m.) (3.5)

                        Info

 

CARRIED

 


 

20-2011-         Paula Roberts, Chair - Forwarding a request to close the following roads to facilitate the Unionville Village Festival being held on June 3, 4 and 5, 2011:

                       

                        Friday, June 3, 2011 (5:00 p.m. to 12:00 midnight)

-     Main Street Unionville north from Concession Road to south of Carlton Road

-     No access from Main Street Unionville east onto:

            Carlton Road

-     No access from Main Street Unionville west onto;
      Fred Varley Drive &Carlton Road

 

Saturday, June 4, 2011 (7:00 a.m. – 7:30 p.m.)

-     Main Street Unionville north from Highway 7 to south of Bridle Trail

-     Fred Varley Drive west from Main Street to east of Fonthill Boulevard

-     Fred Varley Drive west of EJ Lennox Way east of plaza driveway
      (will have limited access for residents

-     Carlton Road west of Wembley Avenue to Chamberry Crescent

-     No access from Main Street Unionville east onto:

Eckardt Avenue

Maple Lane

Victoria Avenue

Carlton Road

-     No access from Main Street Unionville west onto:

Pavilion Street

Euclid Street

Station Lane

Fred Varley Drive

Main Street Lane (west)

Carlton Road (east & west)

-     No access from Main Street Unionville east onto:

            Library Lane and Bridle Trail

-     No access from Main Street Unionville west onto:

            Toogood Pond Park

 

Saturday, June 4, 2011 (7:30 p.m. to 12:00 midnight)

-     Main Street Unionville north from Concession Road to south of Carlton Road

-     No access from Main Street Unionville east onto:

            Carlton Road

-     No access from Main Street Unionville west onto:

            Fred Varley Drive

            Carlton Road


 

Sunday, June 5, 2011 (8:00 a.m. to 6:00 p.m.)

-     Main Street Unionville north from Concession Road to south of Carlton Road

-     No access from Main Street Unionville east onto:

            Carlton Road

-     No access from Main Street Unionville west onto:

            Fred Varley Drive

            Carlton Road (3.5)

                        Info

 

CARRIED

 

 

21-2011           Ken Davis, Unionville Fun Run - Forwarding a request to temporarily close various roads on June 5, 2011, 7:00 a.m. to 10:00 a.m., to facilitate the run as follows:

-     Start on Carlton Road (at Main Street) in front of Varley Art Gallery

-     Run northwest on Carlton to Toogood Park near Pomander Road

      (path near transformer)

-     Follow trail to end of Toogood Pond

-     Go northeast towards Toogood Pond and Toogood Pathways

-     Circle Toogood pathways to exit onto 16th Avenue

      (keeping river to the right)

-     Go east of 16th Avenue along the sidewalk and turn south onto Normandale Road

-     Follow Normandale Road around and back onto 16th Avenue

-     Proceed east on 16 Ave and re-enter Toogood Park prior to Aiken Circle

-     Exit park system onto Toogood Pond Park Road to Main Street

-     Proceed south on Main Street & turn west onto Carlton Rd

-     End in front of Varley Art Gallery (3.5)

                        Info

 

CARRIED

 

 

22-2011           Linda Briggs, Executive Director - Forwarding a request to close the following roads to facilitate the Markham Jazz Festival:

                        Saturday, August 21, 2010 (10:00 a.m. - 8:00 p.m.)

                        Sunday, August 22, 2010 (10:00 a.m. - 7:00 p.m.)

                        - Main Street Unionville, north of Carlton Road and south of Library Lane. (3.5)

                        Info

 

CARRIED

 


 

23-2011           Commissioner of Development Services – Providing an update with respect to the applications for Official Plan and Zoning By-law Amendments at 34 Proctor Avenue, Proctor Investments Ltd. (10.3 and 10.5)

                        (By-laws 2011-68 and 2011-69)

                        Memo

 

CARRIED

 

 

 

10.       PROCLAMATIONS

 

(1)        PROCLAMATIONS (3.4)

            Info

 

Moved by Councillor Alan Ho

Seconded by Councillor Valerie Burke

 

1)         That the following be proclaimed in the Town of Markham:

            - Purple Day (Promote epilepsy awareness) (March 26, 2011)

            - Chinese Stem Cell Awareness Month (March 2011)

            - Elder Abuse Awareness Month (June 2011); and,

 

2)         That the Communications and Community Relations Department be requested to publish the above proclamations in the local newspapers.

 

CARRIED

 

 

(2)        PROCLAMATION - PAKISTAN NATIONAL DAY (3.4)

 

Moved by Councillor Alan Ho

Seconded by Councillor Valerie Burke

 

Whereas the Pakistani community in the Greater Toronto Area has made an outstanding contribution to the building of our community through their dedication and commitment; and,

 

Whereas the Pakistani community has demonstrated their citizenship and willingness to support many significant charitable causes in our community; and,


 

Whereas the Town of Markham has had a ten-year tradition of celebrating Pakistan National Day at Anthony Roman Markham Civic Centre through a flag raising ceremony;

 

Now therefore be it resolved:

 

1)         That Wednesday, March 23, 2011 be proclaimed as Pakistan National Day in the Town of Markham; and,

 

2)         That a ceremony be held at the Anthony Roman Markham Civic Centre with the attendance of Mayor Frank Scarpitti and the Honourable Sahebzada A. Khan, Consul General of Pakistan in Toronto, to raise the flag of Pakistan.

 

CARRIED

 

 

 

11.       NEW/OTHER BUSINESSES

 

Council consented to add New/Other Business Item Nos. 2 and 3.

 

(1)        SURPLUS PROPERTY DECLARATION
            PART OF PARTS 10 AND 11 AND PARTS 12, 13 AND 18, 65R-20360 (8.2)

 

Moved by Councillor Colin Campbell

Seconded by Councillor Alan Ho

 

Notices of Proposed Sale

Town of Markham

Proposed Sale of Surplus Real Property

(Pursuant to By-law 178-96)

 

1)         That the notice of proposed sale for the Town own lands legally described as Part of Parts 10 and 11 and Parts 12, 13 and 18, 65R-20360 , be confirmed.

(In-Camera Item No. 2)

 

CARRIED

 


 

(2)        2011 BUDGET (7.4 & 7.5)

Report

 

Moved by Regional Councillor Gord Landon

Seconded by Councillor Logan Kanapathi

 

1)         That the report dated March 1, 2011 entitled, “2011 Budget” be received; and,

 

2)         That Council approve the 2011 Operating Budgets for Town services which totals $164,637,871, (excluding prior year surplus/deficit) the principle components of which are detailed on Appendix 1; and,

 

3)         That gross operating expenditures of $164,637,871, (excluding prior year surplus/deficit) be funded from the following sources:

 

; and,

 

4)         That Council approve the 2011 Capital Budget that totals $73,116,200 the funding details of which are listed in Appendix 2; and,

 

5)         That Council approve the 2011 Planning & Design Budget that totals $6,964,473, (excluding prior year surplus/deficit) the principle components of which are detailed on Appendix 4; and,

 

6)         That Council approve the 2011 Engineering Budget that totals $6,081,694, (excluding prior year surplus/deficit) the principle components of which are detailed on Appendix 5; and,

 

7)         That Council approve the 2011 Building Standards Budget that totals $7,422,520, (excluding prior year surplus/deficit) the principle components of which are detailed on Appendix 6; and,

 

8)         That upon finalization of the 2010 audited financial statements, the 2011 Operating, Waterworks, Planning & Design, Engineering and Building Standards budgets be adjusted to reflect the 2010 operating results; and,


 

9)         That a copy of the budgets be made available to the public through the Clerk’s Department and each of the Markham Public Libraries; and,

 

10)       That the “Additional Financial Disclosure Requirements Pursuant to Ontario Regulation 284/09” be received for information purposes; and,

 

11)       That the minutes from the February 28, 2011 Budget Public Information Meeting (Appendix 8) to be received; and further,

 

12)       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) (10:2)

 

YEAS:             Mayor Frank Scarpitti, Regional Councillor Jim Jones, Regional Councillor Gord Landon, Regional Councillor Joe Li, Councillor Howard Shore, Councillor Don Hamilton, Councillor Colin Campbell, Councillor Alan Ho, Councillor Logan Kanapathi, Councillor Alex Chiu. (10.)

 

NAYS:           Deputy Mayor Jack Heath, Councillor Valerie Burke. (2)

 

ABSENT:       Councillor Carolina Moretti (1)

 

 

Moved by Councillor Alex Chiu

Seconded by Regional Councillor Gord Landon

 

            That Council consider the 2011 Budget immediately following the presentation with respect thereto. (See Presentation Item No. 3).

 

CARRIED

 


 

(3)        NO-DIG CONFERENCE
            - MARCH 27 TO 31, 2001, WASHINGTON D.C. (11.12)

 

Moved by Councillor Colin Campbell

Seconded by Councillor Howard Shore

 

1)         That approval be given to Councillor Alex Chiu to attend the “No-Dig” conference being held on March 27 to 31, 2011 in Washington D.C.; and,

 

2)         That the expenses related to the attendance of the conference be charged to the Waterworks Conferences Budget Account No. 760-998-5200.

 

CARRIED

 

            Council consented to consider the matter regarding Councillor Alex Chiu attending the “No-Dig” conference being held on March 27 to 31, 2011 in Washington D.C.

 

 

 

12.       BY-LAWS

 

Council consented to add By-laws 2011-72 and 2011-73.

 

Moved by Councillor Alex Chiu

Seconded by Regional Councillor Joe Li

 

That By-laws 2011-59 to 2011-70 and By-laws 2011-72 and 2011-73 be given three readings and enacted.

 

Three Readings

 

BY-LAW 2011-59      A by-law to adopt Official Plan Amendment No. 191 (Milliken Development Corporation, 31, 67 and 73 Old Kennedy Road and 4550 and 4576 Steeles Avenue - to permit institutional uses consisting of a retirement home, long term care facility and an assisted living facility)

                                    (Item No. 1, Report No. 14)

                                    By-law

CARRIED

 

 

BY-LAW 2011-60      A by-law to amend Parking By-law 2005-188 (Proposed Parking Prohibitions – Rachel Crescent, Forty Second Street & Beckenridge Drive).

                                    (Item No. 2, Report No. 14

                                    By-law

CARRIED

 


 

BY-LAW 2011-61      A by-law to amend By-law 211-83, as amended (A by-law to prescribe a Tariff of Fess for the process of Planning Application).

                                    (Item No. 1, Report No. 15)

                                    By-law

CARRIED

 

 

BY-LAW 2011-62      A by-law respecting Construction, Demolition and Change of Use Permits and Inspections (Building By-law) (Repeals By-law 2009-160).

                                    (Item No. 1, Report No. 15)

                                    By-law

CARRIED

 

 

BY-LAW 2011-63      A by-law to amend Municipal Law Enforcement Officers Appointment By-law 2002-178 (Appointment of officers under Section “Animal Control”).

                                    By-law

CARRIED

 

 

BY-LAW 2011-64      A by-law to designate part of a certain plan of subdivision not subject to Part Lot Control (Amber Plains Investments Limited, Lots 1 to 4 and Lots 20 to 23, Plan 65M-4236)

                                    By-law

CARRIED

 

 

BY-LAW 2011-65      A by-law to designate part of a certain plan of subdivision not subject to Part Lot Control (16th McCowan Holdings Limited, Lots 1, 2 and 3 and Blocks 36, 37 and 38, Plan 65M-4240)

                                    By-law

CARRIED

 

 

BY-LAW 2011-66      A by-law to designate part of a certain plan of subdivision not subject to Part Lot Control (The Crown of Markham, Blocks 30-32 on Registered Plan 65M-4195, Cathedral Community, north of Major MacKenzie Drive and west of Woodbine Avenue).

                                    By-law

CARRIED

 


 

BY-LAW 2011-67      A by-law to amend Zoning By-law 177-96, as amended (11160 Woodbine Avenue Limited, [Rice Group], west of Woodbine Avenue, north of the Cathedral Community and south of 19th Avenue – Remove (H) Hold Provision to facilitate the development of an office, warehouse, testing and training facility).

                                    By-law

CARRIED

 

 

BY-LAW 2011-68      A by-law to adopt Official Plan Amendment No. 192 (Proctor Investments Ltd., northwest corner of Henderson Avenue and Proctor Avenue, 34 Proctor Avenue – To permit 3 single detached dwellings).

                                    (Communication No. 23-2011)

                                    By-law

CARRIED

 

 

BY-LAW 2011-69      A by-law to By-law 2237, as amended (Proctor Investments Ltd., northwest corner of Henderson Avenue and Proctor Avenue, 34 Proctor Avenue – To permit 3 single detached dwellings).

                                    (Communication No. 232011)

                                    By-law

CARRIED

 

 

BY-LAW 2011-70      A by-law to amend Zoning By-law 177-96, as amended (Times Group Corp, Block 50, Plan 75M-3226, Leitchcroft Community, south side of South Park Road and east of Times Avenue – Remove (H) Hold Provision to permit residential development).

                                    By-law

CARRIED

 

 

BY-LAW 2011-72      A by-law to provide for load restriction limiting loads to 5 tonnes per axle on all public highways in the Town of Markham from March 1, 2011 to April 30, 2011 and extended up to May 31, 2011 at the discretion of the Director of Operations (Exceptions will be made for the streets listed in Clause 2 and for vehicles operated by or on behalf of the municipality, where the vehicles are engaged in highway maintenance, transportation of fire apparatus, transportation of waste, public utility emergency vehicles and school busses as stated in Sec. 122(4) of the Highway Traffic Act).

                                    (Item No. 2, Report No. 8)

                                    By-law

CARRIED

 


 

BY-LAW 2011-73      A by-law to provide year-round load restriction limiting loads to 5 tonnes per axle on all Town's rural roads as listed on the by-law from March 1, 2011 to February 28, 2012 (Exceptions will be made for vehicles operated by or on behalf of the municipality, where the vehicles are engaged in highway maintenance, transportation of fire apparatus, transportation of waste, public utility emergency vehicles and school busses as stated in Sec. 122(4) of the Highway Traffic Act).

                                    (Item No. 2, Report No. 8)

                                    By-law

CARRIED

 

 

 

13.       IN-CAMERA ITEMS

 

Moved by Regional Councillor Jim Jones

Seconded by Regional Councillor Gord Landon

 

That, in accordance with Section 239 of the Municipal Act, Council resolve into an in-camera session to discuss the following matters (9:36 p.m.):

 

1.         MINUTES OF IN-CAMERA COUNCIL MEETING
 - FEBRUARY 8, 2011

 

2.         PROPERTY MATTER
PART OF PARTS 10 AND 11 AND PARTS 12, 13 AND 18, 65R-20360 (8.2)

 

3.         LITIGATION MATTER (10.0)

 

CARRIED

 

 

Moved by Regional Councillor Jim Jones

Seconded by Councillor Don Hamilton

 

That Council rise from in-camera session and report. (11:07 p.m.)

 

CARRIED

 


 

(1)        MINUTES OF IN-CAMERA COUNCIL MEETING
             - FEBRUARY 8, 2011 (16.0)

 

Moved by Deputy Mayor Jack Heath

Seconded by Regional Councillor Jim Jones

 

1)         That the minutes of the in-camera Council meeting held on February 8, 2011, be confirmed.

 

CARRIED

 

 

REPORT OF GENERAL COMMITTEE- February 28, 2011

 

(2)        PROPERTY MATTER
PART OF PARTS 10 AND 11 AND
PARTS 12, 13 AND 18, 65R-20360 (8.2)

 

Moved by Councillor Colin Campbell

Seconded by Councillor Valerie Burke

 

1)         That the confidential report dated February 25, 2011 from the Town Solicitor and Commissioner of Development Services regarding the property legally described as Part of Parts 10 and 11 and Parts 12, 13 and 18 on 65R-20360 be received; and,

 

2)         That the property legally described as Part of Parts 10 and 11 and Parts 12, 13 and 18 on 65R-20360 be declared surplus to Town purposes; and further,

 

3)         That staff be authorized and directed to take the actions necessary to give effect to this report.

 

CARRIED

 


 

COUNCIL – March 1, 2011

 

(3)        LITIGATION MATTER (10.0)

 

Moved by Councillor Howard Shore

Seconded by Councillor Colin Campbell

 

1)         That the confidential report dated February 28, 2011 from the Town Solicitor and Commissioner of Development Services regarding a litigation matter be received; and,

 

2)         That Staff be authorized and directed to take the actions set out at Council’s March 1, 2010 in-camera session.

 

CARRIED BY A UNANIMOUS RECORDED VOTE

(See following recorded vote) (12:0)

 

YEAS:             Mayor Frank Scarpitti, Deputy Mayor Jack Heath, Regional Councillor Jim Jones, Regional Councillor Gord Landon, Regional Councillor Joe Li, Councillor Valerie Burke, Councillor Howard Shore, Councillor Don Hamilton, Councillor Colin Campbell, Councillor Alan Ho, Councillor Logan Kanapathi, Councillor Alex Chiu. (12)

 

ABSENT:       Councillor Carolina Moretti. (1)

 

 

 

14.       CONFIRMATORY BY-LAW

 

Moved by Councillor Alex Chiu

Seconded by Councillor Don Hamilton

 

That By-law 2011-71 be given three readings and enacted.

 

Three Readings

 

BY-LAW 2011-71      A by-law to confirm the proceedings of the Council meeting of March 1, 2011.
(Council Meeting No. 5, 2011)

                                    By-law

CARRIED

 

 


 

15.       ADJOURNMENT

 

Moved by Councillor Alex Chiu

Seconded by Councillor Howard Shore

 

That the meeting do adjourn.

CARRIED

 

Council adjourned at 11:54 p.m.

 

 

 

 

 

 

 

_________________________________                  ________________________________

ANDREW BROUWER                                               FRANK SCARPITTI

DEPUTY TOWN CLERK                                          MAYOR

 

 

(Signed)

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