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                                                                                                                                                           March 10, 2009

COUNCIL MINUTES  Council Chamber, Civic Centre

Meeting No. 4

 

ROLL CALL

Mayor F. Scarpitti, Deputy Mayor J. Heath, Regional Councillor J. Jones, Regional Councillor G. Landon (7:05 p.m), Councillor V. Burke, Councillor J. Virgilio, Councillor C. Moretti, Councillor J. Webster, Councillor D. Horchik, Councillor L. Kanapathi, Councillor A. Chiu.

 

REGRETS

Regional Councillor T. Wong, Councillor E. Shapero.

 

STAFF

J. Livey, Chief Administrative Officer

J. Baird, Commissioner of Development Services

A. Taylor, Commissioner of Corporate Services

B. Librecz, Commissioner of Community & Fire Services

C. Conrad, Town Solicitor

K. Kitteringham, Town Clerk

A. Brouwer, Deputy Town Clerk

D. Flaherty, Manager of Strategic Communications

J. Wong, Technology Support Specialist

 

 

The Regular Meeting of Council was held on March 10, 2009 at 7:02 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 24, 2009

            Minutes

 

Moved by Councillor A. Chiu

Seconded by Councillor C. Moretti

 

That the Minutes of the Council Meeting held on February 24, 2009, be adopted.

CARRIED


 

 

 

3.         PRESENTATIONS

 

(1)        MARKHAM CONCERT BAND RECOGNITION (12.2.6)

 

Council recognized Members of the Markham Concert Band for winning the Ontario Band Association Gold Standard Award, the Ontario Band Association Woodwind Section Excellence Award and the Ontario Band Association Conducting Excellence Award.  As a result of winning the Gold Standard Award in February 2009, the band has been invited to compete in the National Championships. 

 

The Markham Concert Band was formed in 1978 with over 65 members; it is one of the largest community bands in Canada.  Band members include individuals of all ages from many fields of endeavour.  The members are all brought together with one purpose in mind - to serve the community with the best in concert band music.

 

Mr. Doug Manning, Conductor, introduced the band members in attendance, and provided an overview of the Band and the Awards.  The Band played a sample of one of its marches.

 

 

 

4.         DELEGATIONS

 

Council consented to hear delegations (1) to (7).

 

(1)        Matt Chapman addressed Council regarding Milne Dam Conservation Area Multi-Use Pathway Update and spoke against the proposed recommendation.  He expressed concerns with respect to proposed pathway from the perspective of parking.  (6.3)
(Item 2, Report 16 - February 24, 2009 Development Services Committee)

 

(2)        Reuben Tang, Chair, Bandfield Home Owners Group, addressed Council regarding Milne Dam Conservation Area Multi-Use Pathway Update and spoke against the proposed recommendation.  He reiterated the opposition and the concerns of the Group outlined in the communication dated March 8, 2009 listed under Communication No. 7-2009 of these minutes. (6.3)
(Item 2, Report 16 - February 24, 2009 Development Services Committee)

 

(3)        Michael Landry addressed Council regarding Milne Dam Conservation Area Multi-Use Pathway Update and spoke against the proposed recommendation.  He expressed concerns on the cost and the necessity of the proposed pathway. (6.3)
(Item 2, Report 16 - February 24, 2009 Development Services Committee)


 

(4)        Maureen Cowan, Milne Community Alliance, addressed Council regarding Milne Dam Conservation Area Multi-Use Pathway Update and spoke against the proposed recommendation.  She presented photographs showing the exiting areas of the proposed pathway and questioned the impact it would have on trees.  She also submitted a petition signed by over 400 area residents received under Petitions of these minutes. (6.3)
(Item 2, Report 16 - February 24, 2009 Development Services Committee)

 

(5)        Shelley Bourne, Boyington Heights Ratepayers Inc., addressed Council regarding Milne Dam Conservation Area Multi-Use Pathway Update and spoke against the proposed recommendation.  She presented photographs showing the existing areas of the proposed pathway and expressed concerns from the perspective of the protection of natural environment. (6.3)
(Item 2, Report 16 - February 24, 2009 Development Services Committee)

 

(6)        Tupper Wheatley, Chair, Milne Park Conservation Association, addressed Council regarding Milne Dam Conservation Area Multi-Use Pathway Update and spoke against the proposed recommendation.  He presented photographs of the wildlife existing in the area and expressed concerns from the perspective of cost and of the protection of natural environment. (6.3)
(Item 2, Report 16 - February 24, 2009 Development Services Committee)

 

(7)        Evelyn Johnston addressed Council regarding Milne Dam Conservation Area Multi-Use Pathway Update and spoke against the proposed recommendation.  She spoke of the importance of wildlife and the protection of animals and plants. (6.3)
(Item 2, Report 16 - February 24, 2009 Development Services Committee)

 

 

___________________________________

 

Moved By Councillor C. Moretti

Seconded by Councillor V. Burke

 

That Council consider Item No. 2 of Report No. 16 regarding Milne Dam Conservation Area Multi-Use Pathway Update immediately following delegations for this matter.

(See Item No. 2, Report No. 16 for the consideration of this item)

 

CARRIED

(2/3 VOTE WAS REQUESTED & OBTAINED)

_____________________________________

 

 


 

5.         PETITIONS

 

Council consented to add Petition (1).

 

(1)        PETITIONS SIGNED BY AREA RESIDENTS
            - CLASS ENVIRONMENT ASSESSMENT
            MILNE DAM CONSERVATION AREA
            MULTI-USE PATHWAY - PEDESTRIAN BRIDGES (6.3)

            Petition

 

Moved by Councillor J. Webster

Seconded by Regional Councillor G. Landon

 

That the petition signed by approximately 477 area residents in objection to the proposed Milne Dam Conservation Area Multi-use Pathway be received and referred to the Commissioner of Development Services.

 

CARRIED

(2/3 VOTE WAS REQUESTED & OBTAINED)

(See following quotation from petition)

 

            Quotation from Petition

 

            "We the undersigned:

            - Do not want a Multi Use Pathway added to Milne Conservation

            - Do not want any trees cut down

            - Do not want any area paved over

 

            We want to preserve and protect the jewel in Markham's crown Milne Conservation & Dam.

 

            A definition of Conservation:

            - a careful preservation and protection of something especially: planned management of a natural resource

            - to prevent exploitation, destruction, or neglect

            - the preservation of a physical quantity during transformations or reactions."

 

 

 

6(a)      REPORT NO. 14 - GENERAL COMMITTEE (February 23, 2009)

 

Moved by Councillor J. Virgilio

Seconded by Councillor A. Chiu

 

That Report No. 14 - General Committee comprised of 7 items be received and adopted.

 


 

(1)        ADVISORY COMMITTEES
AND BOARDS (16.24)

 

1)         That the following membership of the Box Grove Community Centre Board for the term January 1 - December 31, 2009 be confirmed:

 

Tom Farrar, Chair

Frank Orovits

Michael Cavanagh

Dan McCombe

Stan Buell

Murray Cresswell

Lorraine Crivaro

Karen Feddersen

Bodo Maslabey

James Newell

Bob Watt

 

CARRIED

 

 

(2)        MILLER AVENUE – RODICK ROAD
LAND LEASE RENEWAL – EMPLOYEE
PARKING LOT AND DOG OFF-LEASH AREA (8.2)

            Report

 

1)         That the report entitled “Miller Avenue –Rodick Road Land Lease Renewal – Employee Parking Lot and Dog Off-Leash Area” be received; and,

 

2)         That Council approve an Offer to Lease and a new five (5) year Lease Agreement between Ontario Realty Corporation (ORC) and the Town for lands located at the northwest corner of Miller Avenue and Rodick Road, being Part of Lot 7, Concession 4 and designated as Parts 3 and 6 on Plan R-4411 for the continued use of its employee parking lot and dog off-leash area; and,

 

3)         That the Mayor and Town Clerk be authorized to execute the Offer to Lease and Lease Agreement in a form satisfactory to the Town Solicitor on the terms described herein; and,

 

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

 

CARRIED

 


 

(3)        STATUS OF CAPITAL PROJECTS
AS OF DECEMBER 31, 2008 (7.5)

            Report     1     2     3

 

1)         That the report dated February 23, 2009 entitled “Status of Capital Projects as of December 31, 2008” be received; and,

 

2)         That $11.73M 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

 

 

(4)        2008 YEAR END
REVIEW OF OPERATIONS (7.4)

            Report     1

 

1)         That the report dated February 23rd, 2009, entitled “2008 Year End Review of Operations” be received; and

 

2)         That the preliminary 2008 operating surplus for the Town of Markham (‘Town’) of $0.047M be transferred to the Corporate Rate Stabilization Reserve; and

 

3)         That the year end accounting accruals of $1.767M be funded from the Corporate Rate Stabilization Reserve; and,

 

4)         That the preliminary 2008 operating unfavourable variances in Planning and Design, Engineering, Building Standards and Waterworks departments be funded from the Town’s respective reserves; and further,

 

5)         That any year end balanced in the Ramp-Up Reserve at the end of each fiscal year be transferred to the Corporate Rate Stabilization Reserve.

 

CARRIED

 

 

(5)        VICTORIA SQUARE COMMUNITY
SANITY SEWER AND WATERMAIN
SYSTEM INSTALLATION (5.5)

            Report     1      2

 

1)         That report entitled “Victoria Square Community Sanitary Sewer and Watermain System Installation” be received; and,


 

2)         That the Asset Management Department be authorized to retain in accordance with the Purchasing By-law #2004-341 an engineering consulting company to undertake the detailed design and construction tendering of the Victoria Square Community Sanitary Sewer and Water System Installation; and,

 

3)         That a capital project be established in the Asset Management Department for the detail design, construction tendering and all related administrative costs to an upset limit of $90,000; and,

 

4)         That the cost for functional review, detailed design, construction tendering, and all related administrative costs estimated at $90,000 be up fronted by the Town from the Waterworks Stabilization/Capital Reserve Fund and if the project proceeds recovered from the benefiting property owners with appropriate interest; and,

 

5)         That when the tender price is known, the residents of Victoria Square Community be advised of the total project costs, for their decision whether to proceed with the construction of this project; and,

 

6)         That the Asset Management Department staff report back on the residents’ decision and staff recommendation; and,

 

7)         That if the Victoria Square Community Sanitary Sewer and Water System is to proceed, the total project cost be up fronted by the Town and recovered by imposing an equal fee against the benefiting property owners abutting the works in accordance with Section 391 of the Municipal Act 2001; and further,

 

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

 

CARRIED

 

 

(6)        ANNUAL WATER QUALITY REPORT
(JANUARY –DECEMBER, 2008) (5.3)

            Report    1

 

1)         That the 2008 Annual Summary Report to Council as required by Schedule 22 of Ontario Regulation 170/03 enclosed herein be received; and,

 

2)         That the Annual 2008 Regulatory Water Quality Report (Attachment “A”), containing  information for the Ministry of the Environment 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 2008 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, 2009; and further,

 

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

 

CARRIED

 

 

(7)        PROPOSED URBAN FOREST
STUDIES PARTNERSHIP (5.7)

            Report

 

1)         That the report entitled ‘Proposed Urban Forest Studies Partnership’ be received; and,

 

2)         That Council approve the Town’s participation in an Urban Forestry Studies Partnership with York Region and the Toronto and Region Conservation Authority to conduct a UFORE (Urban Forest Effects Model) study in Markham; and,

 

3)         That Council approve the allocation of the balance remaining ($37,000) in the 2008 Replacement Boulevard / Park Trees – Annual Program capital account (acct. # 059 – 6150 8286 005) and the allocation of $17,000 from the Markham Trees for Tomorrow Fund (acct. # 087-2800170) to fulfill the Town’s financial obligations towards this project; 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. 15 - GENERAL COMMITTEE (March 2, 2009)

 

Moved by Councillor J. Virgilio

Seconded by Councillor V. Burke

 

That Report No. 15 - General Committee comprised of 3 items be received and adopted, except Item No. 3 (See following Item No. 3).


 

(1)        2009 CELEBRATE MARKHAM GRANTS
ALLOCATION BY THE
GRANTS SUB-COMMITTEE (7.6)

            Report     1    2    3

 

1)         That the report dated March 2, 2009 entitled “2009 Celebrate Markham Grants Allocation by the Grants Sub-Committee” be received; and,

 

2)         That the Grants Sub-Committee is recommending the 2009 Allocation of Celebrate Markham Grants as outlined in Appendix 1 be approved; and,

 

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

 

CARRIED

 

 

(2)        CONTRACT EXTENSION 120-R-06
THE VENTIN GROUP FOR
PRIME CONSULTANT SERVICES
MARKHAM MUSEUM –
NEW COLLECTION BUILDING (7.12)

            Report      A     B     C

1)         That the report entitled “Contract Extension 120-R-06 to The Ventin Group for Prime Consultant Services for the Markham Museum – New Collections Building” be received; and,

 

2)         That the contract extension for prime consultant services for the Markham Museum-New Collections Building be awarded to The Ventin Group (TVG), in the amount of $466, 686.00 exclusive of GST and disbursements; and,

 

3)         That the tender process be waived in accordance with Purchasing Bylaw 2004-341 Part 11, section 7(1) c which states “when the extension of an existing contract would prove more cost effective or beneficial”; and,

 

4)         That the contract extension be funded from account 073-6150-7417-005 Museum Collections Building – Design Fees; and further,

 

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

 

CARRIED

 


 

(3)        PARKING/SAFETY CONCERNS
ON RESIDENTIAL STREETS (5.12.4)

            Email

 

1)                  That an internal working committee consisting of Councillor C. Moretti, Director of Operations Paul Ingham, Engineering Technologist (Transportation) David Porretta, Acting Fire Chief B. Snowball and Manager of By-law Enforcement and Licensing Bill Wiles be formed to address parking and safety concerns in regard to snow and snow removal on residential streets and report back to General Committee by the end of June 2009.

 

CARRIED

 

 

 

6(c)      REPORT NO. 16 - DEVELOPMENT SERVICES COMMITTEE
            (February 24, 2009)

 

Item No. 2 - Council consented to separate the item regarding Milne Dam Conservation Area Multi-use Pathway and to consider it immediately following delegations for this matter.

 

Item No. 1 - Council consented to separate the item and to resolve into an in-camera session to discuss litigation or potential litigation matter regarding the Site Plan Application for Liberty Developments Inc., 7171 Yonge Street.

 

 

___________________________________

 

Moved by Regional Councillor J. Jones

Seconded by Councillor D. Horchik

 

That Council resolve into an in-camera session to discuss litigation or potential litigation matter regarding the Site Plan Application for Liberty Developments Inc., 7171 Yonge Street

(9:37 p.m.).  [Section 239 (2) (e) of Municipal Act].

CARRIED

____________________________________

 

 

___________________________________

 

Moved by Regional Councillor J. Jones

Seconded by Councillor D. Horchik

 

That Council rise from in-camera session and re-convene regular session (9:41 p.m.).

 

CARRIED

___________________________________


 

 

(1)        SITE PLAN APPLICATION FOR
            HIGH DENSITY MIXED USE DEVELOPMENT
            LIBERTY DEVELOPMENTS INC.
            7171 YONGE STREET (10.0)

            Presentation

 

Moved by Councillor J. Webster

Seconded by Councillor D. Horchik

 

1)         That the presentation provided by Ms. Lezlie Philips, Project Planner, Liberty Developments Inc. regarding Site Plan application for high density mixed use development, Liberty Developments Inc., 7171 Yonge Street, be received; and,

 

2)         That staff together with the Ward Councillor arrange for a Public Information Meeting; and further,

 

3)         That a Working Group be established with staff, the Ward Councillor, and members of the community to engage in discussions related to building materials and architectural design.

 

CARRIED

 

 

(2)        MILNE DAM CONSERVATION AREA
            MULTI-USE PATHWAY UPDATE (6.3)

 

Moved by Councillor J. Webster

Seconded by Councillor D. Horchik

 

1)         That the presentation from Mr. Alan Brown, Director of Engineering, regarding the Public Information Meeting held on February 19, 2009 for the Milne Dam Conservation Area Multi-use Pathway preferred alignment and next steps be received; and,

 

2)         That Council receive the following delegations from the March 10, 2009 Council meeting regarding Milne Dam Conservation Area Multi-Use Pathway:

            - Matt Chapman

            - Reuben Tang, Bandfield Home Owners Group

            - Michael Landry

            - Maureen Cowan, Milne Community Alliance

            - Shelley Bourne, Boyington Heights Ratepayers Inc.

            - Tupper Wheatley, Milne Park Conservation Association

            - Evelyn Johnston; and further,


 

3)         That staff report back to the March 24, 2009 Development Services Committee meeting with a proposed Terms of Reference and the composition for a working group to review options for a multi-use pathway.

 

CARRIED AS AMENDED

(See following amendments)

 

            Council consented to consider the item regarding Milne Dam Conservation Area Multi-Use Pathway immediately following delegations with respect thereto.  Council also consented to receive the delegations as Resolution No. 2).

 

            For voting purposes, Council consented to separate the proposed resolutions regarding the Milne Dam Conservation Area Multi-Use Pathway as follows:

 

Resolution No. 1)

The following Resolution No. 1) was carried, as proposed:

 

            "Moved by Councillor J. Webster

            Seconded by Councillor D. Horchik

 

            That the presentation from Mr. Alan Brown, Director of Engineering, regarding the Public Information Meeting held on February 19, 2009 for the Milne Dam Conservation Area Multi-use Pathway preferred alignment and next steps be received; and,

            CARRIED"

 

Resolution No. 2)

The following proposed Resolution No. 2) was lost:

 

            "Moved by Councillor J. Webster

            Seconded by Councillor D. Horchik

 

            That Council endorses in principle the preferred alignment; and further,

 

LOST"

 

Resolution No. 3)

The following Resolution No. 3) was carried as amended:

 

            "Moved by Councillor C. Moretti

            Seconded by Regional Councillor J. Jones

 

            That staff report back to the March 24, 2009 Development Services Committee meeting with a proposed Terms of Reference and the composition for a working group to review options for a multi-use pathway.

CARRIED AS AMENDED

(See following resolution which was not considered)


 

                        Council did not consider the following proposed Resolution No. 3); Instead, staff was requested to report back to the March 24, 2009 Development Services Committee meeting with a proposed Terms of Reference and the composition for a working group to review options for a multi-use pathway:

 

                        'That staff meet with representatives of interested stakeholders and the Toronto and Region Conservation Authority (TRCA) in a working group to review the proposed final design of the preferred alignment and report back at the April 14, 2009 Development Services Committee meeting.'"

 

 

 

6(d)      REPORT NO. 17 - DEVELOPMENT SERVICES COMMITTEE (March 3, 2009)

 

Moved by Regional Councillor J. Jones

Seconded by Councillor J. Webster

 

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

 

 

(1)        YONGE SUBWAY (5.10)

 

Whereas the Province of Ontario has passed the Places to Grow Act, 2005 and endorsed the Growth Plan for the Greater Golden Horseshoe, 2006 which gives clear direction for growth in the Greater Golden Horseshoe; and,

 

Whereas the Growth Plan designates the Langstaff area of Markham as a Urban Growth Centre called the Richmond Hill/Langstaff Gateway; and,

 

Whereas the Town of Markham has passed Official Plan Amendment 171 to comply with the Growth Plan; and,

 

Whereas the Town of Markham has through a public process engaged the services of Peter Calthorpe, a world renowned Urban Design Architect to carry out the Urban Design component of the Langstaff Gateway provincially designated Growth Centre; and,

 

Whereas Peter Calthorpe has determined that the Langstaff Gateway site may be the best serviced site in North America from a proposed public transit and existing Road and Highway point of view, and that this site should redefine Transit Oriented Development; and,

 

Whereas the Master Plan for Langstaff has been through an exhaustive public process and is nearing completion and it has been determined that this site has the potential (subject to Council approval) for up to15,000 dwelling units and 15,000 jobs in the Growth Centre, exceeding the minimum requirements of the Growth Plan; and,


 

Whereas the Langstaff Gateway site is being designed to achieve a non-auto modal split of 60% which will put it on the leading edge in the GTA; and,

 

Whereas all facilities in the Langstaff Gateway will be designed to LEED standard; and,

 

Whereas the Region of York recently filed an environmental assessment for the Yonge Street Subway extension from Finch Avenue to just North of Highway 7; and,

 

Whereas the selected route chosen by York Region is East of Yonge Street and next to the CN Bala line and next to Hightech Road in Richmond Hill; and,

 

Whereas this alignment created a radius that the Region of York stated will necessitate that the subway station will have to be in front of the Holy Cross Cemetery south of the Langstaff Gateway and removed from direct access from the Langstaff Gateway High Density Residential and Office Towers; and,

 

Whereas it has been suggested that the Go Rail Station presently located on Langstaff Road and forming an integral part of the Langstaff Gateway Urban Design would be moved North in the vicinity of the  proposed Subway Station at Hightech Rd; and,

 

Whereas it has also been suggested that the proposed Highway 407 Transitway, an integral piece of infrastructure necessary to the Langstaff Gateway proposal, will be relocated from the proposed alignment next to the Langstaff site to a location in the vicinity of Hightech Road; and,

 

Whereas the Council of the Town of Markham on October 14, 2008 passed a resolution endorsing a number of design principles for the Langstaff/Longbridge Subway station and the Langstaff Gateway Project Design, in particular that the Langstaff/Longbridge subway station should be located on Yonge Street as close as possible to the Langstaff Gateway site for pedestrian connectivity, and that the Highways 407 and 7 transit stations should remain in their corridors ROW and the existing GO Train platform should remain in place and be accessible to both Richmond Hill and Markham’s Langstaff Urban Growth Centre; therefore be it resolved:

 

1)         That the Town of Markham requests the Honourable Minister of the Environment, in accepting or approving the Yonge Subway Extension (Finch Station to Richmond Hill Centre) Environmental Project Report dated Feb 2. 2009,  to acknowledge the intent to move the Langstaff/Longbridge Subway Station as far north as possible in the final design, so as to better serve the Langstaff Gateway Urban Growth Centre; and,

 

2)         That Provincial Ministries and transit agencies involved in the overall planning and design of the interface between the Yonge Subway extension and other modes of transit (including GO Rail, 407 Transitway, VIVA/YRTP Rapid Transit and YRT bus service) at the Richmond Hill/Langstaff Gateway Mobility Hub be requested to ensure that the transit network and mobility hub is designed to provide the best possible transit service to the significant transit oriented development being planned at the Langstaff Gateway in Markham; and further,


 

3)         That the resolution be forwarded to The Premier Of Ontario, Minister of Municipal Affairs and Housing, Minister of Energy and Public Infrastructure, Minister of Transportation, Minister of Environment, Region of York, All Local MPPs, Town of Richmond Hill, City of Vaughan, Metrolinx, City of Toronto, Federal Minister of Transportation, Mr. Dale Albers, Chief Communications Officer, York Region Rapid Transit, Rod McPhail, Director, Transportation Planning, City Planning Division, City of Toronto, Charles Wheeler, Deputy Chief Project Manager, Toronto Transit Commission.

 

CARRIED

 

 

 

7.         MOTIONS

 

Council consented to add Motion (1)

 

(1)        NHL FRANCHISE IN MARKHAM (12.2.6)

 

Moved by Regional Councillor J. Jones

Seconded by Deputy Mayor J. Heath

 

That the Town of Markham publicly express its interest in hosting a NHL franchise in Markham.

 

CARRIED

(2/3 VOTE WAS REQUESTED & OBTAINED)

 

 

 

8.         NOTICES OF MOTIONS

 

There were no notices of motions.

 

 

 

9.         COMMUNICATIONS

 

Council consented to defer the consideration of Communication No. 3-2009 regarding the completion of the Municipal Information Form for the Liquor Licence Application of Bombay Bollywood Inc., 2002 Middlefield Road, Unit 10, to the March 31, 2009 Council meeting.

 

Council also consented to add and receive Communication No. 7-2009.


 

Moved by Councillor L. Kanapathi

Seconded by Regional Councillor G. Landon

 

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

 

Referred to all Members of Council

3-2009           Liquor Licence Application - Forwarding a request to complete the Alcohol and Gaming Commission Municipal Information Form for Bombay Bollywood Inc., 2002 Middlefield Road, Unit 10 (New liquor licence for existing premises). (3.21)

                       Info                                           (Deferred to the March 31, 2009 Council meeting)

 

4-2009           Liquor Licence Application - Forwarding a request to complete the Alcohol and Gaming Commission Municipal Information Form for Delta Hotel Markham, 50 East Valhalla Drive (Expand existing liquor licence to the ballroom crush spaces and hotel lobby with no seating on the ground and mezzanine floors). (3.21)

                       Info

 

5-2009           Liquor Licence Application - Forwarding a request to complete the Alcohol and Gaming Commission Municipal Information Form for Shoom Shoom Restaurant, 7355 Bayview Avenue, Unit No. 6 (Ownership change with expansion of seating). (3.21)

                       Info

 

6-2009           Markham Stouffville Hospital Legacy 5 km Run/Walk - Forwarding a request to temporarily close various roads as outlined below from 7:00 a.m. to 1:00 p.m. on April 26, 2009 to facilitate the run/walk:

                        - Starts on Church Street

                        - Church Street go west to Country Glen Road

                        - North on Country Glen Rd to east on Morning Dove Drive

                        - Morning Dove Drive to south on Cornwall Drive

                        - Cornwall Drive to west on White’s Hill Ave

                        - White’s Hill Ave to Bur Oak Ave

                        - Bur Oak Ave south to just passed Church Street. (3.5)

                       Info

 


 

Referred to Commissioner of Development Services

7-2009           Milne Community Alliance - Forwarding comments with respect to the Milne Dam Conservation Area Multi-use Pathway Update. (6.3)
(Item No. 2, Report No. 16)

                       Letter

 

                        Moved by Councillor C. Moretti

                        Seconded by Regional Councillor J. Jones

 

                        That Council receive Communication No. 7-2009 - Correspondence from the Milne Community Alliance forwarding comments with respect to the Milne Dam Conservation Area Multi-use Pathway Update.

            CARRIED

 

 

 

10.       PROCLAMATIONS

 

(1)        PROCLAMATIONS (3.4)

            Info  

 

Moved by Councillor A. Chiu

Seconded by Councillor V. Burke

 

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

            - Elder Abuse Awareness Month (June 2009); and,

 

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

 

CARRIED

 

 

 

11.       NEW/OTHER BUSINESSES

 

There were no new/other businesses.

 

 


 

12.       BY-LAWS

 

Moved by Councillor A. Chiu

Seconded by Councillor J. Virgilio

 

That By-law 2009-26 be given three readings and enacted.

 

Three Readings

 

BY-LAW 2009-26      A by-law to designate part of a certain plan of subdivision not subject to Part Lot Control (Beaverbrook Homes, Blocks 290, 292, 293, 294, 296 and 298, Plan 65M-4026, north of Elgin Mills Road, east of Highway 404 and west of Woodbine Avenue).

                                    By-law

 

CARRIED

 

 

 

13.       IN-CAMERA ITEMS

 

Moved by Regional Councillor J. Jones

Seconded by Councillor D. Horchik

 

That, in accordance with Section 239 of the Municipal Act, Council resolve into an in-camera session to discuss the following matters (9:37p.m.):

 

ITEM 1, REPORT NO. 16 - DEVELOPMENT SERVICES COMMITTEE

(February 24, 2009)

 

            SITE PLAN APPLICATION FOR
            HIGH DENSITY MIXED USE DEVELOPMENT
            LIBERTY DEVELOPMENTS INC.
            7171 YONGE STREET (10.0)

            [Section 239 (2) (e)]

 

REPORT OF DEVELOPMENT SERVICES COMMITTEE - March 3, 2009

 

            MINOR VARIANCE APPEAL TO OMB
            90 OLD KENNEDY ROAD, MARKHAM (8.0)

            [Section 239 (2) (e)]

 


 

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Moved by Councillor J. Virgilio

Seconded by Councillor J. Webster

 

That Council rise from the in-camera session and re-convene regular session (9:41 p.m.).

(See Item No. 1, Report No. 16 regarding the consideration of the Site Plan Application for Liberty Developments Inc., 7171 Yonge Street)

CARRIED

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(1)        MINOR VARIANCE APPEAL TO OMB
            90 OLD KENNEDY ROAD, MARKHAM (8.0)

 

Moved by Regional Councillor G. Landon

Seconded by Regional Councillor J. Jones

 

1)         That the report entitled “Minor Variance Appeal to OMB - -90 Old Kennedy Road, Markham” be received; and,

 

2)         That the Town Solicitor be instructed to attend the Ontario Municipal Board (OMB) hearing of the minor variance appeal for 90 Old Kennedy Road only to ensure that the conditions of approval recommended by Staff are imposed by the OMB, should the OMB decide to allow the variances; and further,

 

3)         That Staff be authorized and directed to take the actions set out in this report.

 

CARRIED

 

 

 

14.       CONFIRMATORY BY-LAW

 

Moved by Councillor A. Chiu

Seconded by Regional Councillor J. Jones

 

That By-law 2009-27 be given three readings and enacted.

 

Three Readings

 

BY-LAW 2009-27      A by-law to confirm the proceedings of the Council meeting of March 10, 2009.
(Council Meeting No. 4, 2009)

                                    By-law

 

CARRIED


 

 

 

15.       ADJOURNMENT

 

Moved by Councillor A. Chiu

Seconded by Councillor L. Kanapathi

 

That the meeting do adjourn.

CARRIED

 

 

Council adjourned at 9:46 p.m.

 

 

 

 

 

 

 

___________________________________           _____________________________________

KIMBERLEY KITTERINGHAM                            FRANK SCARPITTI

TOWN CLERK                                                       MAYOR

 

(Signed)

 

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