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                                                                                                  COUNCIL MINUTES

                                                                                                       May 3, 2011

                                                                  Council Chamber, Anthony Roman Markham Civic Centre

                                                                                                                                    Meeting No. 9

 

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 Carolina Moretti, Councillor Colin Campbell, Councillor Alan Ho, Councillor Logan Kanapathi, Councillor Alex Chiu.

 

 

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

Kimberley Kitteringham, Town Clerk

Andrew Brouwer, Deputy Town Clerk

John Wong, Technology Support Specialist

Dennis Flaherty, Director, Communications & Community Relations

Joel Lustig, Treasurer

 

 

 

The Regular Meeting of Council convened at 7:19 p.m. on May 3, 2011 in the Council Chamber, Civic Centre.  Mayor Frank Scarpitti presided.

 

 

 

1.         DISCLOSURE OF PECUNIARY INTEREST

 

(1)        Councillor Carolina Moretti disclosed an interest with respect to In-camera Item No. 3 (Property Matter - 84 Peter Street), as her son owns the adjacent property at 82 Peter Street, and did not take part in the consideration or discussion of or vote on the question of the approval of such matter.

 

 


 

2.         MINUTES

 

(1)        COUNCIL MINUTES – APRIL 5 AND 12, 2011 MEETINGS

            April 5  April 12

 

Moved by Councillor Alex Chiu

Seconded by Councillor Don Hamilton

 

That the Minutes of the Council Meetings held on April 5 and 12, 2011, be adopted.

 

CARRIED

 

 

 

3.         PRESENTATIONS

 

(1)        MANY FACES OF MARKHAM
            RECOGNITION OF WRITING CONTEST WINNERS (12.2.6)

 

Council recognized the Many Faces of Markham Writing Contest Winners:

 

1st Place Writing Contest Winner:

- Jordan Hui, Grade 7 Student, Sir Richard W. Scott Catholic Elementary School, Markham.

 

3rd Place Writing Contest Winner:

- Chanell Chu, Grade 7 Student, Sir Richard W. Scott Catholic Elementary School, Markham.

 

 

 

(2)        RECOGNITION OF MARKHAM LITTLE THEATRE
            - JENNY’S HOUSE OF JOY WON BEST PRODUCTION OF A COMEDY
            - P.S. UNCLE ANGUS WON BEST PRODUCTION FOR A DRAMA (12.2.6)

 

Council extended congratulations to the Members of Markham Little Theatre for being the only theatre group to win Best Production in two categories and two Adjudicator Awards during the same year at the Association of Community Theatres – Central Ontario (ACT-CO) Awards Gala held on April 2, 2011:

 

- Jenny’s House of Joy won Best Production for a Comedy.

- P.S. Uncle Angus won Best Production for a Drama.

- P.S. Uncle Angus won Adjudicator Award – Stand-Outs.

- P.S. Uncle Angus won Adjudicator Award – First Timers.


 

Council also recognized the incredible performance and hard work of all the Members of the Markham Little Theatre.  Several members of the Markham Little Theatre were in attendance, including:

 

- Terry & Michele Browne

- Neil & Priscilla Marr

- Ron & Margaret Brownsberger

- Rene Vriends

- Lyn Jones

- Maria Cerone

- Angela Stewart

- Sylvia O'Donnell

- Parker Hui

- John Storey

- Penney & Jim Donevan

 

 

 

4.         DELEGATIONS

 

(1)        Council heard the following delegations with respect to the proposed motion titled “Israeli Apartheid Week” (3.0):

 

1)         Bernie Farber, Canadian Jewish Congress, spoke in favour of the proposed motion.

 

2)         Faraz Rahim Siddiqui spoke in opposition to the proposed motion.

 

3)         Mary-Jo Nadeau, Faculty for Palestine, spoke in opposition to the proposed motion.

 

4)         Elizabeth Block, Independent Jewish Voices, spoke in opposition to the proposed motion.

 

5)         Gary Rewald spoke in support of the proposed motion.

 

6)         Kevin Knopman spoke in support of the proposed motion.

 

7)         Bruce “Sasha” Lofquist spoke in opposition to the proposed motion.

 

8)         Rabbi Martin J. Beman, Shaar Shalom Synagogue, spoke in support the proposed motion.

 

9)         Mikhail Shapiro spoke in support of the proposed motion.

 

10)       Alex Targonsky spoke in support of the proposed motion.

 

11)       David Hummel spoke in support of the proposed motion.

 

12)       Nyshka Chandran spoke in opposition to the proposed motion.

 

13)       Khaled Mouammar, Canadian Arab Federation, spoke in opposition to the proposed motion.

 

14)       Ahmed Ijaz spoke in opposition to the proposed motion.

 

15)       J.A. MacNeil, Canadians for Justice and peace in the Middle East, spoke in opposition to the proposed motion.

 

16)       Shaheena Kharal spoke in opposition to the proposed motion.

 

17)       Gene Tishauer spoke in opposition to the proposed motion.

 

18)       Rony Kamenetsky, Alpha Epsilon Pi, spoke in support of the proposed motion.

 

19)       Beca Bookman, Hillel of Greater Toronto, spoke in support of the proposed motion.

 

20)       Hebba Fahmy spoke in opposition to the proposed motion.

 

21)       Imran Kaderdina spoke in opposition to the proposed motion.

 

22)       Naomi Binderwall, International Jewish Anti-Zionist Network, spoke in opposition to the proposed motion.

 

23)       Smadar Carmon spoke in opposition to the proposed motion.

 

24)       Gerald Diner spoke in support of the proposed motion.

 

25)       Les Kottler spoke in support of the proposed motion.

 

26)       Shirley Solomon spoke in support of the proposed motion.

 

27)       Hisham Ali spoke in opposition to the proposed motion.

 

28)       Talia Klein Leighton spoke in support of the proposed motion.

 

29)       Jake Javanshir, NION (Not In Our Name), spoke in opposition to the proposed motion.

 

Council consented to consider the proposed motion titled “Israeli Apartheid Week” immediately following the delegations.

(Refer to New/Other Business Item No. 1 with respect to this motion)

 


 

__________________________________

 

Moved by Councillor Carolina Moretti

Seconded by Regional Councillor Joe Li

 

That Council recess at 10:02 p.m. and reconvene at 10:05 p.m.

CARRIED

__________________________________

 

 

 

5.         PETITIONS

 

There were no petitions considered by Council.

 

 

 

6(a)      REPORT NO. 28 - GENERAL COMMITTEE (April 11, 2011)

 

Moved by Councillor Carolina Moretti

Seconded by Councillor Alex Chiu

 

That Report No. 28 – General Committee comprised of 2 items be received and adopted.

 

 

(1)        RESIGNATIONS
            - VARLEY-MCKAY ART FOUNDATION OF MARKHAM (16.24)

 

1)         That the resignations of Howard Back, Alan Bryce, Anna Hudson , Robert McCulloch, Elizabeth Plashkes and Beverly Schaeffer from the Varley-McKay Art Foundation of Markham be received with regret and that letters of appreciation be forwarded by Mayor Frank Scarpitti.

 

CARRIED

 

 

(2)        REVISED PROCLAMATIONS POLICY (2.1)

Report     Appendix A     Appendix B

Proclamations Approved by Council Consistent with Proposed Proclamations Policy

 

1)         That Council approve the Revised Proclamations Policy (attached as Appendix “A”); and,

 

2)         That Council delegate the authority for approving or denying requests for proclamations that have been previously approved by Council within 5 years of the request date to the Clerk; and,


 

3)         That Council delegate the authority for approving or denying requests for proclamations to the Clerk during Council’s summer recess if required, subject to the terms of the Proclamations Policy; and,

 

4)         That the list of Proclamations be brought forward to Council once a year for information and review purposes; and further

 

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

 

CARRIED

 

            Council consented to add the words “...and review....” after the words “...for information...” in Resolution No. 4.

 

 

 

6(b)      REPORT NO. 29 - DEVELOPMENT SERVICES COMMITTEE (April 12, 2011)

 

Moved by Regional Councillor Jim Jones

Seconded by Councillor Don Hamilton

 

That Report No. 29 – Development Services Committee comprised of 2 items be received and adopted.

 

(1)        REQUEST FOR STREET NAME CHANGE
            (LALI VIJ DRIVE) (10.14)

            Report   Attachment 

 

1)         That the Town of Markham not approve the request to rename Highgate Drive to Lali Vij Drive; and,

 

2)         That Development Services Committee consider other commemorative options as outlined in the report; and further,

 

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

 

CARRIED

 


 

(2)        AUTHORIZATION FOR THE MAYOR AND CLERK
            TO ENTER INTO A ROAD CONSTRUCTION AND
            CONVEYANCE AGREEMENT WITH THE OWNER
            OF KING DAVID INC.
            10350 WOODBINE AVENUE
            (LD 10 125413, ZA 10 130576 & SC 11 110282) (8.2)

            Report  Attachment

 

1)         That the report titled “Authorization for the Mayor and Clerk to enter into a Road Construction and Conveyance Agreement with the Owner of King David Inc. 10350 Woodbine Avenue”, be received; and,

 

2)         That the Mayor and Clerk be authorized to enter into a Road Construction and Conveyance Agreement, registered on title against the lands at the Owner's expense securing the timing and construction of the roads, including the provision of financial securities to guarantee construction of the roads to the satisfaction of the Director of Engineering and Town Solicitor; and further,

 

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

 

CARRIED

 

 

 

6(c)      REPORT NO. 30 - GENERAL COMMITTEE (May 2, 2011)

 

Council consented to add Report No. 30.

 

Moved by Councillor Carolina Moretti

Seconded by Councillor Alex Chiu

 

That Report No. 30 – General Committee comprised of 2 items be received and adopted.

 

(1)        MINUTES OF THE APRIL 12, 2011
            ENVIRONMENTAL ISSUES COMMITTEE (16.0)

            Minutes

 

1)         That the Minutes of the April 12, 2011 Environmental Issues Committee be received for information purposes; and,

 

2)         That the funding application from Kim Omoto requesting $5000.00 for a rain garden and outdoor classroom at St. Patrick's School be approved; and,


 

3)         That the funding application from Pedral Cheng (Group Commissioner, 3rd Unionville - Scouts Canada) requesting $2,400 for an educational and aerial photo/natural heritage signage at Milton Fierheller Park be approved; and,

 

4)         That the funding application from Jeanette McLellan (teacher at James Robinson Public School) requesting $4,272.00 for a wheelchair accessible sensory garden be approved; and,

 

5)         That the funding application from Ken Harris, Lions Club Project Committee requesting $2,500.00 for native plant material and educational and aerial photo/natural heritage signage at Carman Lewis Park be approved; and,

 

6)         That the funding application from Peter Davis, Project Coordinator, Ontario Streams requesting $7,000.00 for plant material as part of a Little Rouge and Robinson Creek rehabilitation initiative be approved provided that all Town of Markham and Ministry of Natural Resources approvals and permits are obtained and that they work with the Town of Markham Parks staff on delivery of this project; and,

 

7)         That the remaining $3000.00 be used for the Native North American Plant Society to do a republication of the two brochures and a Workshop in the Fall 2011; and,

 

8)         That the funding application by 10,000 Trees for the Rouge Valley requesting $23,000 for tree planting at 14th Avenue west of Reesor Rd. in Bob Hunter Park be approved; and,

 

9)         That the funding application by Friends of the Rouge Watershed requesting $30,000 for tree planting at four restoration sites within the Town of Markham be approved; and,

 

10)       That the funding application by Evergreen requesting $27,530 for restoration plantings and stewardship events in a number of parks within the Town of Markham be approved; and further,

 

11)       That the funding application by LEAF requesting $30,000 to provide expert advice through on site consultations, for appropriate species selection, delivery, planting and post-planting maintenance education, in their comprehensive subsidized Backyard Tree Planting program be approved.

 

CARRIED

 


 

(2)        2011 TAX RATES AND LEVY BY-LAW (7.3)

            Report     Appendix A

 

1)         That a by-law to provide for the levy and collection of property taxes totalling $517,981,893 required by the Town of Markham, Regional Municipality of York, and Boards of Education in a form substantially similar to the attached Appendix and satisfactory to the Town Solicitor and to provide for the mailing of notices requesting payment of taxes for the year 2011, as set out as follows, be approved; and,

 

Town of Markham:

$112,098,245

Region of York:

$218,725,180

School Boards:

$187,158,468

Total

$517,981,893

 

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

(By-law 2011-100)

 

CARRIED

 

 

 

6(d)      REPORT NO. 31 - DEVELOPMENT SERVICES COMMITTEE (May 3, 2011)

 

Council consented to add Report No. 31.

 

Moved by Regional Councillor Jim Jones

Seconded by Councillor Don Hamilton

 

That Report No. 31 – Development Services Committee comprised of 3 items be received and adopted.

 

(1)        UPPER UNIONVILLE INC.
           
NORTHEAST CORNER OF 16TH AVENUE AND KENNEDY ROAD
            WITHIN THE BERCZY VILLAGE SECONDARY PLAN AREA
            APPLICATIONS FOR DRAFT PLAN OF SUBDIVISION APPROVAL
            AND IMPLEMENTING ZONING BY-LAW AMENDMENTS
            (SU 10 118874 (19TM-10003) AND ZA 10 118878) (10.7, 10.5)

            Report App A  App B  App C  App D  App E  

 

1)         That the deputation by Jeanne Ker-Hornell regarding the development by Upper Unionville Inc. and heritage issues, with respect to preservation of the Berczy House on the Beckett Farm, be received; and


 

2)         That the report entitled “Upper Unionville Inc., Northeast corner of 16th Avenue and Kennedy Road within the Berczy Village Secondary Plan area, Applications for Draft Plan of Subdivision Approval and implementing Zoning By-law Amendments, File No.’s: SU 10 118874 (19TM-10003) and ZA 10 118878”, dated April 12, 2011, be received; and,

 

3)         That draft plan of subdivision 19TM-10003 submitted by Upper Unionville Inc., be draft approved subject to the conditions outlined in Appendix ‘A’; and,

 

4)         That the application submitted by Upper Unionville Inc. to amend Zoning By-laws 304-87 and 177-76, as amended, be approved and the draft by-laws attached as Appendices ‘B’ and ‘C’, be finalized and enacted without further notice; and,

 

5)         That conditional 2013 servicing allocation for 300 single detached units (1,110 pop.) be granted to plan of subdivision 19TM-10003 from the total allocation for the Berczy Village Secondary Plan area, assigned in accordance with the January 18, 2011 staff report on servicing allocation;

 

6)         That the Mayor and Clerk be authorized to enter into a No Presale Agreement with the Owner of Plan 19TM-10003 which agreement shall be registered on title, committing the Owner to:

 

            Not enter into any agreements of purchase and sale with end users for the lands, until such time as:

 

         a.      the Town of Markham approves a transfer of servicing allocation to this development that is not dependent upon the construction of infrastructure;

 

            or,

 

            b.   i.    York Region has advised in writing that it is no earlier than twelve (12) months prior to the expected completion of the Southeast Collector Trunk Sewer and,

                  ii.    The Council of the Town of Markham has allocated adequate available water supply and sewage servicing capacity to the subject development;

 

            or,

 

            c.   the Regional Commissioner of Environmental Services confirms servicing capacity for this development by a suitable alternative method and the Town of Markham allocates the capacity to this development.

 

            AND


 

            Not enter into any agreements of purchase and sale with non end users for the subject lands unless the agreement of purchase and sale contains a condition that requires the purchaser and any subsequent purchasers to enter into a separate agreement with the Town of Markham, which agreement shall be registered on title, committing the new Owner to the same terms as set out in items a, b and c above; and,

 

7)         That the Town reserves the right to revoke or reallocate the servicing allocation should the development not proceed in a timely manner; and,

 

8)         That the Region of York be advised of the servicing allocation for this development; and,

 

9)         That the applicant provide to the Town the 30% payment of the required subdivision processing fees in accordance with the Town’s Fee By-law (By-law 211-83, as amended by By-law 2011-61); and further,

 

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

 

CARRIED

 

 

(2)        TOOLS TO PROMOTE ECONOMIC
DEVELOPMENT WITHIN MARKHAM CENTRE (10.16)

            Report  Att A  Att B  Att C  Att D  Att E  Att F  Att G 

 

1)         That the report entitled “Tools to Promote Economic Development Within Markham Centre” be received; and,

 

2)         That Staff be authorized to commence the process to establish the Markham Centre Secondary Plan Area (OPA 21), shown on Attachment D, as a Community Improvement Project Area; and,

 

3)         That Staff be authorized and directed to undertake the process, including the preparation of a business case and consultation with stakeholders, to incorporate a municipal services corporation pursuant to section 203 of the Municipal Act, for further designation as an Economic Development Corporation; and,

 

4)         That a by-law be adopted to establish Markham Centre as shown on  Attachment D hereto, as a Community Improvement Project Area; and,

 

5)         That Staff be authorized to schedule a public meeting in conjunction with the May 31, 2011 Council meeting to consider the draft Community Improvement Plan, attached as Appendix G, identifying a strategic framework for potential community improvement projects in Markham Centre; and further,


 

6)         That staff be authorized directed to do all things necessary, including the execution of any necessary documents by the Chief Administrative Officer, or others delegated by him, to give effect to the recommendations of this report.

 

CARRIED

 

 

(3)        WORLD PARKING SYMPOSIUM VIII
            NIAGARA-ON-THE-LAKE, JUNE 26 – 29, 2011, AND
            SUSTAINABLE MOBILITY SUMMIT 2011
            VANCOUVER, OCTOBER 30 – NOVEMBER 2, 2011 (11.12)

 

1)         That approval be given to Regional Councillor Gord Landon to attend the World Parking Symposium VII being held in Niagara-on-the-Lake, on June 26-29, 2011, and the Sustainable Mobility Summit 2011 in Vancouver, British Columbia, on October 30-November 2, 2011; and,

 

2)         That the expenses related to the attendance of the conference be charged to the Transportation Budget; and,

 

3)         That approval be given to Councillor Alan Ho to attend the Sustainable Mobility Summit 2011 in Vancouver, British Columbia, on October 30-November 2, 2011; and further,

 

4)         That the expenses related to the attendance of the conference be charged to the Transportation Budget.

 

CARRIED

 

 


 

7.         MOTIONS

 

Council consented to add Motion 1.

 

(1)        CONGRATULATIONS TO THE DUKE AND DUCHESS OF
            CAMBRIDGE ON THE OCCASION OF THEIR WEDDING, APRIL 29, 2011 (12.2.6)

 

Moved by Councillor Valerie Burke

Seconded by Councillor Alex Chiu

 

            1)         That Council, on behalf of the Town of Markham, extend official greetings and congratulations to Their Royal Highnesses the Duke and Duchess of Cambridge on the occasion of their wedding, and that Markham residents be provided an opportunity to participate in sending official greetings and congratulations to the Duke and Duchess of Cambridge:

 

“Whereas the Town of Markham located in the Region of York, Ontario Canada, and settled in 1792, has a distinguished heritage and history; and

 

Whereas Markham was named after William Markham, the Archbishop of York by, John Graves Simcoe, the first Lieutenant-Governor of Upper Canada; and

 

Whereas John Graves Simcoe deeded Crown lands on behalf of His Majesty, King George III to the earliest settlers of Markham; and

 

Whereas Markham was acknowledged for the preservation of its great cultural heritage on August 2, 2000 by the Heritage Canada Foundation as the first recipient of the Prince of Wales Prize for stewardship of the built heritage, honouring Markham’s exemplary commitment to the preservation of built heritage within its boundaries; and

 

Whereas Markham was further recognized for its heritage conservation and promotion as the first recipient of the Lieutenant Governor's Ontario Heritage Award for Community Leadership on February 20, 2009 at Queen's Park in Toronto; and

 

Whereas Markham is the founding home of The Governor General’s Horse Guards, originally founded by Colonel John Button in 1810 (Button’s troops), and who, along with many other Markham residents, served courageously in the Great Wars and serve today in war and peace; and

 

Whereas the Royal wedding of the Duke and Duchess of Cambridge was celebrated around the world, and Markham, as the most ethnically diverse municipality in Canada, shared in the celebration of the Royal wedding through its many residents; and 


 

Whereas Markham with great pleasure shares in the joy and celebration of the historic Royal wedding of the Duke and Duchess of Cambridge;

 

Therefore, be it resolved:

 

1)         That Council, extend official greetings and congratulations to Their Royal Highnesses the Duke and Duchess of Cambridge, and wishes for a long and happy marriage; and,

 

2)         That Council make provisions for all Markham residents to extend their best wishes, congratulations and greetings to the Duke and Duchess of Cambridge through an official registry at the Town of Markham; and,

 

3)         That Council forward this public registry to the Duke and Duchess of Cambridge; and further,

 

4)         That Council also extend an invitation to the Royal Family to visit, explore and enjoy the rich heritage communities of Markham as part of the Diamond Jubilee of Queen Elizabeth II marking the 60th anniversary of the accession of Queen Elizabeth II to the thrones of seven countries.  

 

God Save the Queen.

 

CARRIED

(See following motion to consider the matter)

 

            Moved by Regional Councillor Jim Jones

            Seconded by Councillor Don Hamilton

 

            That Council consider the matter titled “Congratulations to the Duke and Duchess of Cambridge on the Occasion of Their Wedding”

 

CARRIED

(2/3 Vote was requested & obtained)

 

 

 

8.         NOTICES OF MOTIONS

 

There were no notices of motions considered.

 

 


 

9.         COMMUNICATIONS

 

Council consented to add Sub-Communication Nos. 7) to 10) to Communication No. 33-2011.

 

Moved by Councillor Alex Chiu

Seconded by Councillor Carolina Moretti

 

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

 

Received

33-2011           Communications with respect to the item titled “Israeli Apartheid Week” received from:

                        1)   Farhana Abidi.

                        2)   Nova Moffat.

                        3)   Munazzah Shirwani.

                        4)   Ruba Khan.

                        5)   Hebba Fahmy.

                        6)   Khaled Mouammar, National President, Canadian Arab Federation.

                        7)   Sydell Waxman.

                        8)   Marjorie Smith and Mark Litwack.

                        9)   Brian Gordon.

                        10) Bruce “Sasha” Lofquist.

                        (New/Other Businesses Item No. 1) (3.0)

                        Communications

 

CARRIED

 

 

Referred to all Members of Council

34-2011           Municipal Information Form for Liquor Licence Application, 7255 Warden Avenue (Ward 8) - Forwarding a request to complete the Alcohol and Gaming Commission Municipal Information Form for Monte Carlo Inn and Suites Downtown Markham, (New premises and new liquor licence application). (3.21)

                        Letter

 

CARRIED

 

 

35-2011           Temporary Extension Application of Liquor Sales Licence, Jakes on Main Pub & Grille, 202 Main Street Unionville:

                         - Requesting an approval from the Town of Markham to temporarily extend their existing patio liquor licence.  The proposed extension with a maximum capacity of 150 will be utilized in conjunction with the Unionville Village Community Festival from June 3 to 5, 2011. (3.21)

                        Letter

 

CARRIED


 

 

36-2011           Temporary Extension Application of Liquor Sales Licence, Markham District Veterans Association, 7 Washington Street Markham:

                         - Requesting an approval from the Town of Markham to temporarily extend their existing liquor licence to the parking lot area.  The proposed extension will be utilized during their Multicultural Day and Pot Luck Fiesta and BBQ being held on June 24, 2011. (3.21)

                        Letter

 

CARRIED

 

 

37-2011           Councillor Carolina Moretti - Forwarding a request to close the following roads on July 1, 2011 to facilitate the Canada Day Celebrations being held at Milne Park:

 

                        3:00 p.m. to 4:30 p.m.

                        -           McCowan Road from Bullock Drive to South Unionville Avenue.

                        -           McCowan Road and Heritage Road.

                        -           Highway 7 – east and west of McCowan Road.

 

                        8:30 p.m. to 11:30 p.m.

            -           McCowan Road north of South Unionville Avenue (rolling closures). (3.5)

                        Info

 

CARRIED

 

 

38-2011           Ed Joaquin, Chairman, Markham Village Music Festival Committee - Forwarding a request to close various streets to facilitate the 2011 Markham Village Music Festival as follows:

 

                        Friday, June 17, 2011 (4:00 p.m. – 11:00 p.m.)

            A.        Main Street north from Hwy 7 to south Parkway Avenue / Bullock Drive

            B.         Access from Main Street Markham is closed to

            a)         Wilson Street to Water Street.

            b)         Robinson Street to Water Street.

            c)         Robinson Street to George Street.

            d)         Dublin Street.


 

                        Saturday, June 18, 2011 (7:00 a.m. – 7:00 p.m.)

            A.        Main Street Markham north from Highway 7 to South of Parkway Avenue/Bullock Drive.

            B.         Access east from Main Street Markham is closed to

            a)         Centre Street.

            b)         Robinson Street.

            c)         Dublin Street.

            C.        Access west from Main Street Markham is closed to

            a)         Thompson Court.

            b)         Robinson Street.

            c)         Wilson Street. (3.5.2)

                        Info

 

CARRIED

 

 

39-2011           Eric Cheng, The Cross-Cultural Communication Services Association (TCCSA) - Forwarding a request to close various streets to facilitate the Sedan Chair being held on May 14, 2011 from 12:00 noon to 4:00 p.m. as follows:

 

-           North of Town Centre Blvd & Cox Blvd.

-           South of Wallis Way & Town Centre Blvd.

-           Apple Creek Blvd & west of Warden Ave.

-           Apple Creek Blvd & Town Centre Blvd.

-           Apple Creek Blvd & east of Whitehall Dr. (3.5)

                        Info

 

CARRIED

 

 

 

10.       PROCLAMATIONS

 

(1)        PROCLAMATIONS (3.4)

            Info

 

Moved by Councillor Alan Ho

Seconded by Regional Councillor Joe Li

 

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

            - Israel Independence Day (May 10, 2011)

            - Armenian National Day (May 28, 2011)

            - Jumpstart Day (May 28, 2011)

            - South Asian Heritage Month (May 2011); and,


 

2)         That the Israeli flag be raised at the Anthony Roman Markham Civic Centre for the Israel Independence Day; and,

 

3)         That the Armenian Flag be raised at the Anthony Roman Markham Civic Centre for the Armenian National Day; and further,

 

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

 

CARRIED

 

 

 

11.       NEW/OTHER BUSINESSES

 

(1)        ISRAELI APARTHEID WEEK (3.0)

            Race Relations Comments

 

Moved by Councillor Howard Shore

Seconded by Regional Councillor Jim Jones

 

Whereas Markham is the most culturally diverse community in Canada; and,

 

Whereas Markham is striving to promote our community as a harmonious place to live and work, and one which recognizes that discrimination against any group or individual is a disservice to all; and,

 

Whereas Markham is recognized as a leader in diversity and in 2010 launched its ground breaking Diversity Action Plan titled Everyone Welcome to serve as the basis of a ten-year strategy to further promote unity and inclusiveness; and,

 

Whereas Markham has proudly declared its commitment to the removal of barriers and to the promotion of the value of human rights and diversity by joining more than 35 other Canadian municipalities in the Coalition of Municipalities Against Racism and Discrimination; and,

 

Whereas Markham takes immense pride in engaging its vibrant communities through year-round celebrations, proclamations and flag raisings that reflect its rich history and diversity, such as but not limited to: Actifest, Black History Month Awards, Canada Day Celebration, Channukah Menorah lighting Celebration, Chinese New Year Celebration, Christmas tree lighting Celebration, India Independence Day, Israel Independence Day flag raising, Junior Achievement’s Diversity Day, Many Faces of Markham, Markham Fair, Markham Village Music Festival, Milliken Children’s Festival, Pakistan National Day, Philippine Week, Seniors’ events, South Asian Heritage Month, Taste of Asia, Pride Week flag raising, Thornhill Festival, Unionville Festival, and Yom HaShoah, all of which underscore our philosophy of “One Family, One Markham, One Canada”; and,


 

Whereas the Merriam-Webster Dictionary defines “Apartheid” as racial segregation; specifically: a former policy of segregation and political and economic discrimination against non-European groups in the Republic of South Africa; and,

 

Whereas in February 2010, the Ontario Legislature adopted a resolution condemning “Israeli Apartheid Week”; and,

 

Whereas “Israeli Apartheid Week” has been occurring for years on some university and college campuses in Ontario and Canada and may lead to divisiveness, an atmosphere of hostility and a feeling of unease among communities; and,

 

Therefore, be it resolved:

 

1)         That Markham Council denounces the use of the term “Israeli Apartheid”, and

 

2)         That Markham Council encourages all those involved in organizing and participating in these activities to use language that endorses solidarity with all peoples, and allows for a safe environment for constructive dialogue that creates a better understanding that leads to solutions aimed at advancing peace, equity and inclusion for all; and,

 

3)         That a copy of this resolution be circulated to the Association of Universities and Colleges of Canada, the Students Against Israeli Apartheid, Hillel of Greater Toronto, B’Nai Brith Campus, the Canadian Jewish Congress, the Coalition of Municipalities Against Racism and Discrimination (CMARD), the Prime Minister of Canada, the Premier of Ontario; and further,

 

4)         That Markham Council continue to demonstrate its leadership and commitment to “One Family, One Markham, One Canada”.

 

CARRIED BY A RECORDED VOTE (12:1)

(See following recorded vote)

 

Council consented to consider the proposed motion titled “Israeli Apartheid Week” immediately following the delegations with respect thereto.

 

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 Carolina Moretti, Councillor Colin Campbell, Councillor Alan Ho, Councillor Alex Chiu. (12)

 

NAYS:           Councillor Logan Kanapathi. (1)

 


 

Council consented to not consider the following proposed motion listed on the agenda:

 

“Whereas Markham is the most culturally diverse community in Canada; and,

 

Whereas Markham stands proudly in its commitment to the inclusion and integration of all communities, in its appreciation of differences in all peoples, and in its rejection of inflammatory language that labels supporters of Israel as racists and lessens their feelings of security; and,

 

Whereas Markham is striving to promote our community as a harmonious place to live and work, and one which recognizes that discrimination against any group or individual is a disservice to all; and,

 

Whereas Markham is striving to promote our community as a harmonious place to live and work, and one which recognizes that discrimination against any group or individual is a disservice to all; and,

 

Whereas Markham is recognized as a leader in diversity and in 2010 launched its ground breaking Diversity Action Plan titled “Everyone Welcome” to serve as the basis of a ten-year strategy to further promote unity and inclusiveness; and,

 

Whereas Markham has proudly declared its commitment to the removal of barriers and to he promotion of the value of human rights and diversity by joining, along with more than 35 other Canadian municipalities, the Coalition of Municipalities Against Racism and Discrimination; and,

 

Whereas Markham takes immense pride in engaging its vibrant communities through year-round celebrations, proclamations and flag raisings that reflect its rich history and diversity, such as but not limited to: Actifest, Black History Month Awards, Canada Day Celebration, Channukah Menorah lighting Celebration,  Chinese New Year Celebration, Christmas tree lighting Celebration, India Independence Day, Junior Achievement’s Diversity Day, Many Faces of Markham, Markham Fair, Markham Festival, Milliken Children’s Festival, Pakistan National Day, Philippine Week, Seniors’ events, Taste of Asia, Thornhill Festival, Unionville Festival,  and Yom HaShoah, all of which underscore our philosophy of “One Family, One Markham, One Canada”; and,

 

Whereas the Mirriam-Webster Dictionary defines “Apartheid” as an Afrikaans word meaning: racial segregation; specifically the institutionalized policy of segregation and political and economic discrimination against non-European groups in the Republic of South Africa; and,

 

Whereas Apartheid South Africa was based on a theory and practice of racial discrimination that negated the most fundamental principles of equal human worth;  and,

 

Whereas Markham recognizes that any comparison of Israel to Apartheid South Africa or Nazi Germany demonstrates the difference between legitimate criticism and anti-semitism; and,

 

Whereas the Ontario Legislature unanimously adopted a resolution condemning “Israeli Apartheid Week”; and,

 

Whereas Israeli Arabs have the right to own property, vote and have members in the Knesset that Israeli Arabs study in all Israeli universities and live in peace in cities such as Haifa, Jaffa, Tel Aviv and Jerusalem; and,

 

Whereas “Israel Apartheid Week”, which has now occurred for 7 consecutive years on some university and college campuses in Ontario and Canada, can lead to divisiveness and anti-Semitic harassment, intimidation, intolerance and bullying both on campus and off;  and,


 

Whereas Markham values its relationship with the State of Israel and will be leading a Trade Mission to Israel in May, 2011 as part of the Economic Strategy’s Global Markham program in order to promote Markham as a preferred investment location for information and communication technology, medical devices, New Media and other related high-tech companies;  and,

 

Whereas Markham believes in a Canada of inclusion not division; of tolerance and constructive dialogue not division; and,

 

Whereas Israel Apartheid Week has nothing to do with respect for human rights, the alleviation of human suffering or the furtherance of constructive dialogue to advance peace;  and,

 

Whereas Markham condemns this event which repeatedly singles out and condemns Israel year after year and creates a hateful environment that offends not only our sense of fairness, but also our core Canadian values of freedom, democracy, human rights and the rule of law;

 

Therefore, be it resolved:

 

1)             That Markham Council call on all Canadian universities and colleges to join the Government of Ontario and the Federal government by clearly and unambiguously condemning such activities on campus or University property, (or as part of any activity under the jurisdiction of the University); and,

 

2)             That Markham Council direct staff to broaden the subject matter of the lecture series previously endorsed by this Council to address the Maclean’s “Too Asian” article to include a discussion of anti-semitic hate speech; and,

 

3)             That Markham Council continue to demonstrate its leadership and commitment to “One Family, One Markham, One Canada”; and further,

 

4)             That a copy of this resolution be circulated to all Canadian universities and colleges, the Canadian Federation of Students, the Students Against Israeli Apartheid, Hillel of Greater Toronto, the Canadian Jewish Congress, the Coalition of Municipalities Against Racism and Discrimination (CMARD), the Federation of Canadian Municipalities (FCM), the Prime Minister of Canada, the Premier of Ontario, the Association of Universities and Colleges of Canada, and UJA Federation of Greater Toronto.”

 

 

(2)        RESCHEDULE COUNCIL AND
            DEVELOPMENT SERVICES PUBLIC MEETING (16.23)

 

Moved by Councillor Alex Chiu

Seconded by Councillor Logan Kanapathi

 

            1)         That the Council meeting scheduled for May 24, 2011 be rescheduled to May 31, 2011, 7:00 p.m.; and,

 

            2)         That the Development Services Public Meeting scheduled for May 31, 2011 be rescheduled to May 24, 2011, 7:00 p.m.

 

CARRIED

 

 


 

12.       BY-LAWS

 

Council consented to add By-law 2011-100.

 

 

Moved by Councillor Alex Chiu

Seconded by Councillor Valerie Burke

 

That By-laws 2011-91 to 2011-98 and By-law 2011-100 be given three readings and enacted.

 

Three Readings

 

BY-LAW 2011-91      A by-law to designate part of a certain plan of subdivision not subject to Part Lot Control (Norvalley Homes Ltd., [A Filice], south of Highway 7 and east of Main Street Unionville, Lots 1-3, 65M-4097).

                                    By-law

CARRIED

 

 

BY-LAW 2011-92      A by-law to designate part of a certain plan of subdivision not subject to Part Lot Control (Amber Plain Investments Limited, north of Hawksbury Road and west of Fred McLaren Boulevard, Lots 1-13 and Block 15, Plan 65M-4247 and Block 11, Plan 65M-4229)

                                    By-law

CARRIED

 

 

BY-LAW 2011-93      A by-law to dedicate certain lands as part of the highways of the Town of Markham (Part of Block 154, Plan 65M-3788 save and except Part 1, Plan 65R-29669 – Tidewater Street)

                                    By-law

CARRIED

 

 

BY-LAW 2011-94      A by-law to change a certain street name in the Town of Markham (Ballybunion Road to Royal West Road).

                                    (Item 2, Report No. 25, April 5, 2011 Council)

                                    By-law

CARRIED

 

 

BY-LAW 2011-95      A by-law to change a certain street name in the Town of Markham (James Parrot Avenue to James Parrott Avenue)

                                    (Item 2, Report No. 25, April 5, 2011 Council)

                                    By-law

CARRIED


 

 

BY-LAW 2011-96      A by-law to dedicate certain lands as part of the highways of the Town of Markham (Block 184, Plan 65M-3251 and Block 236, Plan 65M-3216 - Castlemore Avenue; Block 218, Plan 65M-3376 - Cynthia Jean Street; Block 219, Plan 65M-3376 - Viscount Drive; Block 222, Plan 65M-3376 - William Berczy Boulevard)

                                    By-law

CARRIED

 

 

BY-LAW 2011-97      A by-law to amending Zoning By-law 177-96, as amended (Mintrock Inc., 9442 Markham Road, west of Markham Road and north of 16th Avenue - Remove (H) Hold provision to permit the development of three commercial buildings and associated parking.

                                    By-law

CARRIED

 

 

BY-LAW 2011-98      A by-law to designate part of a certain plan of subdivision not subject to Part Lot Control (Dovcom Realty Inc., Lots 7, 8 and 15 to 35 inclusive and Blocks 36 to 47 inclusive, Plan 65M-4233, south of Fred McLaren Boulevard and west of Roy Rainey Avenue)

                                    By-law

CARRIED

 

 

BY-LAW 2011-100    A by-law to provide for the levy and collection of sums required by The Corporation of the Town of Markham for the year 2011 and to provide for the mailing of notices demanding payment of taxes for the year 2011

                                    (Item No. 2, Report No. 30)

                                    By-law

CARRIED

 

 


 

13.       IN-CAMERA ITEMS

 

Council consented to not resolve into in-camera session to consider Item Nos. 1 to 6.

 

 

REPORT OF GENERAL COMMITTEE – April 11, 2011

 

(1)        BOARD AND COMMITTEE APPOINTMENTS (16.24)

 

Moved by Councillor Carolina Moretti

Seconded by Councillor Alan Ho

 

1)         That the following persons be appointed to the Canada Day Committee with a term ending December 31, 2011:

 

Perry Chan

Taylor Huff

June Lee

Kai Mark

Mandy Ou

Peter Still

Irene Tse

 

CARRIED

 

 

REPORT OF DEVELOPMENT SERVICES COMMITTEE – April 12, 2011

 

(2)        ONTARIO MUNICIPAL BOARD APPEALS
ARYEH CONSTRUCTION LIMITED
8293 AND 8303 WARDEN AVENUE
MARKHAM CENTRE PLANNING DISTRICT (8.0)

 

Moved by Regional Councillor Jim Jones

Seconded by Councillor Don Hamilton

 

1)         That the presentation at the April 12, 2011  Development Services Committee In-camera meeting by Kate Lyons, of Goodmans LLP, Legal Counsel, and Scott Heaslip, Senior Planner, providing an update on the status of the Ontario Municipal Board hearing for Aryeh Construction Limited, 8293 and 8303 Warden Avenue, be received for information; and

 


 

2)         That the following resolutions be referred to staff to report back with an update to the Development Services Committee:

 

            “That a Working Group be formed consisting of Mayor Frank Scarpitti, Regional Councillor Jim Jones, Councillor Don Hamilton, the Chief Administrative Officer, the Commissioner of Development Services, and staff, to continue negotiations with the applicant; and,

 

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

 

CARRIED

 

 

(3)        PROPERTY MATTER - 84 PETER STREET (10.0)

 

Moved by Regional Councillor Jim Jones

Seconded by Councillor Valerie Burke

 

1)         That the proposed recommendation with respect to the property at 84 Peter Street be received; and,

 

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

 

CARRIED

(Councillor Carolina Moretti abstained

- See following declaration)

 

            Councillor Carolina Moretti disclosed an interest with respect to In-camera Item No. 3 (Property Matter - 84 Peter Street), as her son owns the adjacent property at 82 Peter Street, and did not take part in the consideration or discussion of or vote on the question of the approval of such matter.

 

 


 

REPORT OF GENERAL COMMITTEE – May 2, 2011

 

 

(4)        A PROPOSED OR PENDING ACQUISITION OR DISPOSITION OF LAND
            BY THE MUNICIPALITY OR LOCAL BOARD (6.0)

 

Moved by Councillor Alex Chiu

Seconded by Councillor Carolina Moretti

 

1)         That the recommendation as outlined in the May 3, 2011 Council In-camera Agenda regarding a proposed or pending acquisition or disposition of land by the municipality or local board be received; and,

 

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

 

CARRIED

 

 

(5)        LAND ACQUISITION MATTERS (8.6)

 

Moved by Councillor Alex Chiu

Seconded by Councillor Carolina Moretti

 

1)         That the confidential report dated May 3, 2011 from the Chief Administrative Officer and Town Solicitor regarding a land acquisition matter be received; and,

 

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

 

CARRIED

 

 

(6)        PROPOSED ACQUISITION OF PROPERTY (8.6)

 

Moved by Councillor Alex Chiu

Seconded by Councillor Carolina Moretti

 

1)         That the confidential report dated April 26, 2011 from the Chief Administrative Officer and Town Solicitor regarding a proposed land acquisition matter be received; and,

 

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

 

CARRIED

 

 


 

14.       CONFIRMATORY BY-LAW

 

Moved by Councillor Alex Chiu

Seconded by Councillor Logan Kanapathi

 

That By-law 2011-99 be given three readings and enacted.

 

Three Readings

 

BY-LAW 2011-99      A by-law to confirm the proceedings of the Council meeting of May 3, 2011.

                                    (Council Meeting No. 8, 2011)

                                    By-law

CARRIED

 

 

 

15.       ADJOURNMENT

 

Moved by Councillor Alex Chiu

Seconded by Councillor Carolina Moretti

 

That the meeting do adjourn.

CARRIED

 

Council adjourned at 10:19 p.m.

 

 

 

 

 

 

 

_________________________________                              _____________________________

KIMBERLEY KITTERINGHAM                                           FRANK SCARPITTI

TOWN CLERK                                                                      MAYOR

 

 

(Signed)

 

 

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