February 24,
2009
COUNCIL MINUTES Council Chamber, Civic Centre
Meeting No. 3
ROLL
CALL
Mayor F.
Scarpitti, Deputy Mayor J. Heath, Regional Councillor J. Jones, Regional
Councillor T. Wong (7:13 p.m.), Regional
Councillor G. Landon, Councillor V. Burke, Councillor J. Virgilio (7:13 p.m.), Councillor C. Moretti, Councillor J. Webster, Councillor D.
Horchik, Councillor L. Kanapathi, Councillor A. Chiu.
REGRETS
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
B. Cribbett,
Treasurer
K. Kitteringham, Town Clerk
A. Brouwer, Deputy Town
Clerk
D. Flaherty,
Manager of Strategic Communications
J. Wong, Technology Support
Specialist
R. Hutcheson,
Manager, Heritage Planning
G. Duncan,
Senior Planner
P. Wokral,
Planner
The Regular
Meeting of Council was held on February 24, 2009 at 7:07 p.m. in the Council Chamber, Civic Centre.
Mayor F. Scarpitti presided.
1. DISCLOSURE OF PECUNIARY INTEREST
None declared.
2. MINUTES
(1) COUNCIL MINUTES - FEBRUARY 10, 2009
Minutes
Moved by
Councillor A. Chiu
Seconded by
Councillor L. Kanapathi
That the
Minutes of the Council Meeting held on February 10, 2009, be adopted.
CARRIED
3. PRESENTATIONS
(1) RECOGNITION
OF NIGEL CONNELL
- ONTARIO HERITAGE TRUST 2008
HERITAGE COMMUNITY
RECOGNITION PROGRAM AWARD (12.2.6)
Council recognized
Nigel Connell for receiving the Ontario Heritage Trust 2008 Heritage Community
Recognition Program Award. Mr. Connell has
made a significant contribution to the promotion, preservation and protection
of Ontario's heritage.
(2) 2008
ONTARIO HERITAGE TRUST LIEUTENANT
GOVERNOR'S ONTARIO HERITAGE
AWARD FOR
COMMUNITY LEADERSHIP (12.2.6)
Mayor F. Scarpitti presented
the 2008 Ontario Heritage Trust Lieutenant Governor's Ontario Heritage Award for
Community Leadership to Council. On February 20,
the Honourable David C. Onley, Lieutenant Governor of Ontario, presented the
award to Mayor Scarpitti at a Queen’s Park awards ceremony.
The award recognizes communities for exemplary
leadership in heritage conservation and promotion. The Town of Markham is one of only four
communities to receive this new award, earning top place in the “population
over 125,000” category.
Mayor
Scarpitti thanked various members of groups associated with heritage projects
and areas in the community and staff, including Regan Hutcheson, George Duncan,
Peter Wokral and Michael Seaman (former employee). He also acknowledged Mrs. Marion Matthias for
her effort in nominating the Town of Markham for the first Prince of Wales Prize
for stewardship of the built heritage awarded by the Heritage Canada Foundation
in 2000.
4. DELEGATIONS
There were no
delegations.
5. PETITIONS
There were no
petitions.
6(a) REPORT NO. 10 - GENERAL COMMITTEE (February
9, 2009)
Moved by Regional
Councillor G. Landon
Seconded by
Councillor J. Virgilio
That Report
No. 10 - General Committee comprised of 1 item be received and adopted.
(1) UNITED
NATIONS EDUCATION
SCIENTIFIC AND CULTURAL
ORGANIZATION (UNESCO)
– COALITION OF MUNICIPALITIES
AGAINST RACISM AND DISCRIMINATION (11.7)
Report 1 Presentation
1) That
the presentation “UNESCO-CMARD” be received; and,
2) That
the Town of Markham join the Coalition of Municipalities Against Racism (CMARD); and,
3) That
the strategic priority of Diversity as set forth by Council be recognized as
the Town’s response to CMARD; and,
4) That
the Town agrees to act as a “thought leader” by sharing outcomes and best
practices in the area with other organizations including York Region; and,
5) That
the Town’s actions and activities related to its membership in CMARD be
communicated through the Town’s internet site; and further,
6) That
staff be authorized and directed to all things necessary to give effect to this
resolution.
CARRIED
6(b) REPORT NO. 11 - DEVELOPMENT SERVICES
COMMITTEE
(February 17, 2009)
(1) YONGE STREET
CORRIDOR - STREETSCAPING
(FILE MI 526) (10.0)
Report
1) That
the Development Services Commission Report entitled “Yonge Street Corridor –
Streetscaping”, dated February 17, 2009, be received; and,
2) That
Council approve the following resolution addressing streetscaping on Yonge
Street:
"a) Whereas
the Region of York has identified the Yonge Street corridor as a high priority
for investment in high-order transit; and,
b) Whereas
the cost-effectiveness of public transit depends on high levels of transit
ridership, and ridership levels depend on an urban environment which is
attractive, pedestrian-friendly and complementary to the transit service in
terms of densities, built form, roadway design and streetscaping; and,
c) Whereas
the detailed design of Yonge Street transit facilities is expected to begin
early in 2009; and,
d) Whereas
reconstruction of a significant part of the Yonge Street right of way will
provide an opportunity to incorporate streetscape improvements during construction
of the transit facilities; and,
e) Whereas
a comprehensive and detailed streetscape study for the Yonge Street Corridor is
required to present the desired vision for the corridor and to coordinate and
direct streetscape improvement projects; and,
f) Whereas
the Region of York has the authority to coordinate and implement a
comprehensive streetscape improvement program for the Yonge Street corridor;
and therefore be it resolved,
g) That
the Council of the Town of Markham requests that the Region of York commit
funding in 2009 to a comprehensive and detailed streetscape study (including an
implementation and funding strategy) for the Yonge Street corridor north of
Steeles Avenue, and expedite initiation of the study to ensure its completion
and implementation in coordination with the construction of subway-related
works, in consultation with the Town of Markham, City of Vaughan and Town of
Richmond Hill."; and,
3) That
the resolution be forwarded to York Region, the City of Vaughan, and the Town
of Richmond Hill; and further,
4) That
Staff be authorized and directed to do all things necessary to give effect to
this resolution.
CARRIED
(2) ROUGE PARK
IMPLEMENTATION
TASK FORCE REPORT - STAFF
COMMENTS (10.0)
Report Attachments
Whereas
the Rouge Park Implementation Task Force report dated November 25, 2008 was
received by Council on December 16, 2008; and,
Whereas
Council authorized the circulation of the Task Force report, and invited
comments from agencies, boards, adjacent municipalities and the Provincial and
Federal Governments; and,
Whereas
Council also requested Town staff to provide comments on the Rouge Park
Implementation Task Force Final Report; and,
Therefore
be it resolved;
1) That
the staff report entitled “Rouge Park Implementation Task Force Report – Staff
Comments” dated February 17, 2009 be received; and,
2) That
the Town staff comments, along with comments to be received from other
agencies, boards, adjacent municipalities and the Provincial and Federal
Governments, be considered by Council at a future workshop to discuss comments
received, and next steps in dealing with
the Rouge Park Alliance and other stakeholders, including provision for
obtaining public input; 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. 12 - DEVELOPMENT SERVICES PUBLIC MEETING
(February 17, 2009)
(1) TOWN INITIATED ZONING BY-LAW AMENDMENT
TO RESTRICT THE
USES AT
11248 AND 11264 KENNEDY ROAD
(MELVILLE UNITED CHURCH) BASED
ON NEW PROPERTY LINES
ESTABLISHED
THROUGH RECENT SEVERANCE (ZA
08 129865) (10.5)
Report Attachment
1) That
the Development Services Commission report dated January 13, 2009, entitled
“Preliminary Report. Town initiated
Zoning By-law Amendment to restrict the uses at 11248 and 11264 Kennedy Road (Melville
United Church) based on new property lines established through a recent
severance (ZA 08 129865)” be received; and,
2) That
the Record of the Public Meeting held on February 17, 2009, with respect to the
proposed amendments to Zoning By-law 304-87 be received; and,
3) That
the application by the Town of Markham to amend Zoning By-law 304-87, as
amended, be approved; and further,
4) That
the proposed amendments to Zoning By-law 304-87 as amended, be enacted without
further notice.
CARRIED
(2) ONTARIO REALTY CORPORATION
APPLICATION FOR A ZONING
BY-LAW AMENDMENT
TO PERMIT INDUSTRIAL WITH
ANCILLARY OFFICE
USES AT 2601 14TH
AVENUE (ZA 08 126293) (10.5)
Report Attachment
1) That
the Development Services Commission report dated January 13, 2009, entitled
“Preliminary Report. Ontario Realty
Corporation, Application for a Zoning By-law Amendment to permit industrial and
ancillary office uses at 2601 14th Avenue (ZA 08 126293)” be
received; and,
2) That
the Record of the Public Meeting held on February 17, 2009, with respect to the
proposed amendments to Zoning By-law 2284-68 be received; and,
3) That
the application by the Town of Markham to amend Zoning By-law 2284-68, as
amended, be approved; and further,
4) That
the proposed amendments to Zoning By-law 2284-68 as amended, be enacted without
further notice.
CARRIED
6(d) REPORT NO. 13 - GENERAL COMMITTEE
(February 23, 2009)
Council
consented to add Report No. 13.
Moved by
Councillor C. Moretti
Seconded by
Regional Councillor
J. Jones
That Report
No. 13 - General Committee comprised of 3 items be received and adopted.
(1) MARKHAM FOOD BANK (7.0)
1) That the Town provide $1,600 in
temporary relief to the Markham Food Bank; and,
2) That
staff be directed to review and report on opportunities to assist the Markham
Food Bank with the sustainability of their operations.
CARRIED
(2) SPRING
AND YEAR-ROUND
LOAD RESTRICTIONS FOR
THE TOWN OF MARKHAM’S
ROAD NETWORK (5.10)
Report 1
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, 2009 to April 30, 2009, 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, 2009 (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,
2009 to February 28, 2010, 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 2009-24 and 2009-25)
CARRIED
(3) APPOINTMENTS - ADVISORY
COMMITTEES AND BOARDS
- COMMITTEE OF ADJUSTMENT (16.24)
1) That
Lolita Bruneau be appointed to the Committee of Adjustment for remainder of the
current term of Council in accordance with Subsection 44 (3) of the Planning Act.
CARRIED
7. MOTIONS
There were no
motions.
8. NOTICES OF MOTIONS
There were no
notices of motions.
9. COMMUNICATIONS
There were no
communications.
10. PROCLAMATIONS
(1) PROCLAMATIONS (3.4)
Info
Council consented
to add the proclamation of "Red Cross Month".
Moved by
Regional Councillor T. Wong
Seconded by
Deputy Mayor J. Heath
1) That the following be proclaimed in the
Town of Markham:
- English as a Second Language Week (December 6 to 12, 2009)
- Philippine Week (June 7 to
14, 2009)
- Red Cross Month (March 2009); and,
2) That a Flag-Raising Ceremony for Philippine Week be held at
the Markham Civic Centre to jointly raise the Canadian and Philippine flags on
Sunday, June 7, 2009 at 11:00 a.m.; and,
3) That the Philippine flag be raised at the Town
of Markham Civic Centre flagpole for the duration of Philippine Week; and,
4) That the Red Cross flag be raised at the Town of Markham
Civic Centre flagpole for the duration of Red Cross Month; and further,
5) That
the Communications and Community Relations Department be requested to publish
the above proclamations in the local newspapers.
CARRIED
11. NEW/OTHER BUSINESSES
There were no
new/other businesses.
12. BY-LAWS
Council
consented to add By-law 2009-24 and 2009-25.
Moved by
Councillor A. Chiu
Seconded by
Councillor D. Horchik
That By-laws
2009-17 to 2009-22, 2009-24 and 2009-25 be given three readings and enacted.
Three Readings
BY-LAW 2009-17 A by-law to amend Municipal Law Enforcement Officers
Appointment By-law 2002-178 and Parking By-law 2005-188 (To update the list for
officers and tagging locations).
By-law
BY-LAW 2009-18 A by-law to dedicate certain lands as part of the highways of
the Town of Markham (Block 38, Plan 65M-3707 - Raymond Bartlett Avenue; Part of
Lot 11, Plan 2196, designated as Parts 3 and 4, Plan 65R-28173 - Peshawar
Avenue; Part of Lot 5, Plan 2196, designated as Part 2, Plan 65R-20419 - Lane).
By-law
BY-LAW 2009-19 A by-law to amend Zoning By-law 119-73, as amended (St. Mark's
Coptic Church, 455 Ferrier Street -To remove (H) Hold provision permitting the
development of a place of worship).
By-law
BY-LAW 2009-20 A by-law to amend Zoning By-law 88-76, as amended (Fairview and
Lam Investments Ltd., Cham Shan Buddist Temple, 9441 Highway 48 (Markham Road)
- To permit a Place of Worship).
(Item No. 3, Report No. 8, 2009)
By-law
BY-LAW 2009-21 A by-law to designate a property as being of Historic and/or
Architectural Value or Interest (Wideman House, 10541 Highway 48).
(Item No. 2, Report No. 64, 2008).
By-law
BY-LAW 2009-22 A by-law to amend By-law 2002-276, a by-law to impose fees or
charges for services or activities provided or done by the Town of Markham
(Update recreation user and fitness initiation fees to reflect the change in
the Consumer Price Index)
(Item Nos. 4 and 5, Report No. 1, 2009)
By-law
BY-LAW 2009-24 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,
2009 to April 30, 2009 (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. 7, Report No. 13, 2009).
By-law
BY-LAW 2009-25 A by-law to provide year-round load restriction limiting loads
to 5 tonnes per axle on the Town's rural roads as listed on the by-law from
March 1, 2009 to February 28, 2010 .
(Item No. 7, Report No. 13, 2009)
By-law
CARRIED
____________________________________
Regional
Councillor T. Wong left the Council meeting at 8:01 p.m.
____________________________________
13. IN-CAMERA ITEMS
Moved by
Councillor J. Virgilio
Seconded by
Regional Councillor T. Wong
That, in
accordance with Section 239 of the Municipal Act,
Council resolve into an in-camera session to discuss the following matters (7:57
p.m.):
REPORT
OF DEVELOPMENT SERVICES COMMITTEE - February 17, 2009
(1) MINOR VARIANCE APPEAL TO ONTARIO
MUNICIPAL BOARD
20 HEDGEWOOD DRIVE
[Section 239 (2) (e)]
(2) 1691126 ONTARIO INC.
OFFICIAL PLAN & ZONING
BY-LAW AMENDMENT
7161 & 7171 YONGE STREET
PROPOSED SETTLEMENT OF ONTARIO
MUNICIPAL BOARD
[Section 239 (2) (e)]
CARRIED
Moved by
Councillor C. Moretti
Seconded by
Councillor J. Virgilio
That Council
rise from the in-camera session and re-convene regular session (9:00 p.m.)
CARRIED
(1) MINOR VARIANCE APPEAL TO OMB
20 HEDGEWOOD DRIVE, MARKHAM
LEGAL FILE NO. 09 0613 LG 0044
(8.0)
Moved
by Councillor A. Chiu
Seconded
by Regional Councillor
J. Jones
1) That
the confidential report entitled “Minor Variance Appeal to OMB - - - 20
Hedgewood Drive, Markham” be received; and,
2) That
the Town Solicitor be instructed not to attend the Ontario Municipal Board
(OMB) hearing respecting a minor variance appeal for 20 Hedgewood Drive; and
further,
3) That
Staff be authorized and directed to take the actions set out in this report
CARRIED
(2) APPLICATIONS
BY 1691126 ONTARIO INC.
FOR OFFICIAL PLAN AND ZONING
BY-LAW AMENDMENT
TO PERMIT HIGH DENSITY
RESIDENTIAL USES
AT GRADE RETAIL, AND OFFICE
AND HOTEL USES
AT 7161 & 7171 YONGE
STREET, THORNHILL
AND PROPOSED SETTLEMENT OF OMB
APPEAL
(OP 06-127138 AND ZA
06-127273) (8.0, 10.3 & 10.5)
Moved by Regional Councillor G. Landon
Seconded by Councillor J. Webster
1) That
the report entitled “CONFIDENTIAL REPORT: Applications by 1691126 Ontario
Inc. for Official Plan and Zoning By-law Amendment to permit high density
residential uses, at grade retail, and office and hotel uses at 7161 & 7171
Yonge Street, Thornhill and proposed
settlement of OMB appeal (File Number OP 06-127138 and ZA 06-127273)” be
received; and,
2) That
staff be authorized and directed to do all things necessary to give effect to
this report.
CARRIED
(See following recorded vote)
(9:2)
YEAS: Mayor
F. Scarpitti, Regional Councillor J. Jones, Regional Councillor G. Landon,
Councillor J. Virgilio, Councillor C. Moretti, Councillor J. Webster,
Councillor D. Horchik, Councillor L. Kanapathi, Councillor A. Chiu. (9)
NAYS: Deputy
Mayor J. Heath, Councillor V. Burke. (2)
ABSENT: Regional
Councillor T. Wong, Councillor E. Shapero. (2)
14. CONFIRMATORY BY-LAW
Moved by
Councillor A. Chiu
Seconded by
Regional Councillor
J. Jones
That By-law
2009-23 be given three readings and enacted.
Three Readings
BY-LAW 2009-23 A by-law to confirm the proceedings of the Council meeting of February
24, 2009.
(Council Meeting No. 3, 2009)
By-law
CARRIED
15. ADJOURNMENT
Moved by Councillor A.
Chiu
Seconded
by Deputy Mayor J. Heath
That the meeting do adjourn.
CARRIED
Council
adjourned at 9:06 p.m.
___________________________________ _____________________________________
KIMBERLEY
KITTERINGHAM FRANK
SCARPITTI
TOWN
CLERK MAYOR
(Signed)