2008-09-09

COUNCIL MINUTES Council Chamber, Civic Centre

Meeting No. 11

ROLL CALL

Mayor F. Scarpitti, Deputy Mayor J. Heath, Regional Councillor J. Jones, Regional Councillor T. Wong, Regional Councillor G. Landon, Councillor E. Shapero, Councillor J. Virgilio (7:27 p.m.), Councillor C. Moretti, Councillor J. Webster, Councillor D. Horchik, Councillor L. Kanapathi, Councillor A. Chiu. (12)

REGRETS

Councillor V. Burke. (1)

The Regular Meeting of Council was held on September 9, 2008 at 7:03 p.m. in the Council Chamber, Civic Centre. Mayor F. Scarpitti presided.

STAFF

J. Livey, Chief Administrative Officer

J. Baird, Commissioner of Development Services

A. Taylor, Commissioner of Corporate Services

B. Librecz, Commissioner of Community and Fire Services

C. Conrad, Town Solicitor

K. Kitteringham, Town Clerk

A. Tari, Committee Clerk

B. Cribbett, Treasurer

J. Wong, Technology Support Specialist

B. Nanninga, Executive Assistant

J. Carnegie, Director of Corporate Communications

D. Flaherty, Manager - Strategic Communications

1. DISCLOSURE OF PECUNIARY INTEREST

(1) None declared.

2. MINUTES

(1) COUNCIL MINUTES - JUNE 24, 2008

Minutes

Moved by Councillor A. Chiu

Seconded by Councillor D. Horchik

That the Minutes of the Council Meeting held on June 24, 2008, be adopted.

CARRIED

3. PRESENTATIONS

Council consented to add Presentations (2) and (3).

(1) 2008 UNITED WAY DRAGON BOAT FESTIVAL RACE (12.2.6)

Mr. Jason Scovell, Team Manager, highlighted the United Way fundraising 2008 Dragon Boat Festival Race held on August 16, 2008.

Council recognized and extended congratulations to the following staff for their contribution towards an outstanding race:

Team Members

Brett Adams, Fraser Anderson, Leslie Anderson, Marina Antonoglou, Amy Balasbas, Sarah Buksner, Janet Cahais, Alex Chan, George Chan, Scott Daniel, Glenn Dick, Jackie Dyson, Alex Freeman, Michelle Gibbons, Rebecca Gibbons, Adam Grant, Karen Harvey, Simon Hung, Stephen Kitagawa, Naomi Kupferstein, Barb Lant, Nancy Letman, Peter Mariani, Rocky Mino, Jody Parsons, Vivian Poon, Anna Rose, Erik Rosenhek, Jason Scovell, Gary Sellars, Alex Spasewski, Barb Smith, Alida Tari and Winson To.

(2) DELEGATION FROM NORDLINGEN, GERMANY (12.2.6)

Mayor Scarpitti highlighted information regarding the visit of Lord Mayor Hermann Faul along with seven Council Members and boys of the Knabenkapelle (youth band), Nordlingen, Germany, from August 28 to September 6, 2008. He also extended Lord Mayor Faul's invitation to Council to visit Germany in 2010. Council was presented with a plaque indicating the naming of a "Markham Street" in Nordlingen, Germany.

Mayor Scarpitti thanked Barbara Nanninga, Council and staff members for a wonderful job in hosting this event.

(3) MILLIKEN MILLS CHILDREN'S FESTIVAL (12.2.6)

Council was advised of the remarkable success of the Milliken Mills Children's Festival held on September 6, 2008, the largest children's festival in York Region. Council thanked Councillor L. Kanapathi, Jason Tsien and all those involved for their efforts in ensuring this success.

4. DELEGATIONS

(1) Glenn Baron addressed Council regarding the applications submitted by Dougson Investments Inc. (Village Nissan) and 1475398 Ontario Inc. (Town and Country BMW) for Official Plan and Zoning By-law Amendments and spoke in opposition to the enactment of By-laws 2008-197 to 2008-202. (10.3 & 10.5)

5. PETITIONS

(1) There was not petition.

6(a) REPORT NO. 40 - GENERAL COMMITTEE (September 8, 2008)

Moved by Councillor J. Virgilio

Seconded by Councillor A. Chiu

That Report No. 4- General Committee comprising 2 clauses be received and adopted.

(1) AWARD OF TENDER 197-T-08
ARTICULATED TRACTORS &
FOUR WHEEL DRIVE COMPACT TRACTORS (7.12.1)

Report

That the report entitled “Award of Tender 197-T-08, Articulated Tractors & Four Wheel Drive Compact Tractors” be received; and,

That the contract for Tender 197-T-08, Articulated Tractors & Four Wheel Drive Compact Tractors be awarded to the lowest priced qualified bidders, Hutchinson Farm Supply Inc. in the amount of $126,032.76 exclusive of GST and Cubex Limited in the amount of $245,841.52 exclusive of GST; and,

That the supply and installation of optional pumps and valves for the articulated tractors be awarded to Cubex Limited in the amount of $7,560.00 exclusive of GST; and,

That an amount of $12,960.00 exclusive of GST be established to cover the supply and installation of AVL / GPS systems and Markhamizing costs; and,

That the cost of $392,394.00 for this contract be funded from the following sources; $235,236.00 from Development Charges Reserve Fund, $26,137.00 from the Capital Contingency account and $131,021.00 from the Life Cycle Reserve fund; and,

That a new 2008 capital budget account be established for the acquisition of these assets; and further,

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

CARRIED

(2) TRAFFIC CALMING WORKING GROUP
(CARLTON ROAD AND VILLAGE PARKWAY) (16.24 & 5.12)

That a Working Group be established to review the traffic calming measures that have been taken on Carlton Road and Village Parkway in Unionville; and,

That the composition of the Working Group be as follows:

- two (2) representatives from the Unionville Ratepayers Association

- three (3) representatives from the public at large

- Ward 3 Councillor Joe Virgilio, Chair

- one (1) representative from York Regional Police

- one (1) representative from Markham's Cycling and Pedestrian Advisory Committee

- one (1)school official from William Berczy Public School

- one (1) representative from Markham's Traffic Safety Committee (Optional); and

That the Working Group also review cycling safety on Carlton Road and Village Parkway; and,

That a public Open House be held in early November to obtain comments from the residents; and further,

That the Working Group report back to General Committee in early 2009.

CARRIED

7. MOTIONS

(1) There was no motion.

8. NOTICE OF MOTIONS

(1) There was no notice of motion.

9. COMMUNICATIONS

Council consented to separate Communication 72-2008.

Moved by Regional Councillor G. Landon

Seconded by Deputy Mayor J. Heath

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

Referred to all Members of Council

66-2008 The Society for the Preservation of Historic Thornhill - Requesting an approval from the Town of Markham to close the following streets to facilitate the Thornhill Village Festival and Parade being held on September 20, 2008 as follows:

a) Between the hours of 8:00 a.m. and 4:30 p.m.:
- Church Lane from John Street beyond Colborne Street
- Colborne Street from Yonge Street to Church Lane
- Eliza Street
- Thornhill Summit Drive

b) Between the hours of 11:30 a.m. and 2:00 p.m.:
- John Street from Yonge Street to Henderson Avenue
- Yonge Street between Royal Orchard Blvd. and Clark Avenue

(3.5) (By-law 2008-185)

Info

67-2008 Trevor Cleland, Markham District Veterans Association - Requesting an approval from the Town of Markham to temporary extend their existing liquor licence to the parking lot area at 7 Washington Street. The extension will be used during the Oktoberfest celebrations being held on September 27, 2008 from 2:00 p.m. to 11:00 p.m. (3.21)

Info

68-2008 Anthony Corsetti, Chairperson, Thornhill Village Festival Committee - Requesting an approval from the Town of Markham regarding the application of a special occasion liquor permit to be utilized in conjunction with the Thornhill Village Community Festival being held on September 20, 2008 from 9:00 a.m. to 4:30 p.m. at the CIBC Parking Lot (Yonge Street and Thornhill Summit Drive). (3.21)

Info

69-2008 Dan O'Brien, General Manager, Markham and East York Agricultural Society - Requesting an approval from the Town of Markham to close Elgin Mills Road between Highway 48 and McCowan Road to facilitate the Markham Fair as follows:

- October 2 to 4, 2008 (9:00 a.m. to 10:00 p.m.)

- October 5, 2008 (9:00 a.m. to 6:00 p.m.) (3.5)

(By-law 2008-186)

Info

70-2008 Liquor Licence Application - Forwarding a request to complete the Alcohol and Gaming Commission Municipal Information Form for Wild Wing, 8180-8220 Bayview Avenue (New indoor licence). (3.21)

Info

71-2008 Director of Planning & Urban Design - Providing an update with respect to the rezoning application submitted by Michael Jacobs to permit four dwelling units at 15 Deer Park Lane. (10.5)

(By-law 2008-196)

Memo

Referred to Commissioner of Development Services and Town Solicitor

72-2008 Ontario Municipal Board - Advising that the appeal against the Town of Markham Heritage District By-law 2007-15 has been withdrawn by 1547155 Ontario Limited. (13.13)

Letter

CARRIED

10. PROCLAMATIONS

(1) PROCLAMATIONS (3.4)

Info

Moved by Regional Councillor T. Wong

Seconded by Councillor C. Moretti

That the following be proclaimed in the Town of Markham:

- Big Brothers Big Sisters Month (September)

- Learn @ Work Week (September 22 to 26, 2008)

- United Way Week (September 29 to October 3, 2008)

- Child Abuse & Neglect Prevention Month (October)

- Character Community Week (October 27 to 31, 2008);

And that the Corporate Communications Department be requested to publish the above proclamations in the local newspapers.

CARRIED

11. NEW/OTHER BUSINESS

Council consented to add New/Other Business (3) and (4).

(1) LICENSING COMMITTEE HEARING NO. 08-5
APPEAL OF TAXI DRIVER NO. 251 (2.23)

Moved by Regional Councillor G. Landon

Seconded by Regional Councillor J. Jones

That the following recommendation of the Licensing Committee from the meeting held on June 25, 2008 be approved and adopted:

"That Taxi Driver No. 251 be removed from the Priority List for the following reasons:

1. He did attend the Licensing Committee Hearing this morning on June 25, 2008 and gave the evidence, under oath, that he did not drive a taxi, contrary to his earlier sworn material.

2. Has not provided the Town of Markham with evidence as requested to verify he is driving 35hours/week in the Town of Markham, as requested by Section 6.1(3) of By-law 2002-308; and

3. The evidence led regarding Taxi Drive No. 251 licence suggests that his driving is not confined to the Town of Markham."

CARRIED

(2) LICENSING COMMITTEE HEARING NO. 08-6
APPEAL OF TAXI DRIVER NO. 1171 (2.23)

Moved by Regional Councillor G. Landon

Seconded by Regional Councillor J. Jones

That based on the findings, that Taxi Driver No. 1171 be removed from the Priority List.

CARRIED

(3) RE-CONVEYANCE OF LANDS TO NORVALLEY HOMES LTD.
DESIGNATED AS PART 1, PLAN 65R-22176 (8.1)

NOTICES OF PROPOSED SALE

TOWN OF MARKHAM

PROPOSED SALE OF SURPLUS REAL PROPERTY

(Pursuant to By-law 178-96)

Moved by Regional Councillor J. Jones

Seconded by Councillor A. Chiu

That the notice of the proposed sale for the Town own lands legally described as Part 1, Plan 65R-22176, be confirmed.

(In-Camera Clause 2)

CARRIED

(4) DECLARATION OF SURPLUS REAL PROPERTY
- PROPOSED DISPOSITION OF FOUR (4) PROPERTIES (8.5)

NOTICES OF PROPOSED SALE

TOWN OF MARKHAM

PROPOSED SALE OF SURPLUS REAL PROPERTY

(Pursuant to By-law 178-96)

Moved by Councillor J. Webster

Seconded by Councillor J. Virgilio

That the notice of the proposed sale for the Town own lands legally described as follows, be confirmed:

1. Part of Lot 1, Registered Plan 2196: Lands on the East Side of Main Street South (Unionville), South of Highway 7 to Traks Communications Ltd..

2. Part 6, Registered Plan 65R-29626: A portion of the Bur Oak Avenue Road Allowance to the Region of York.

3. Part 8, Registered Plan 65R-30695: A portion of the future Midland Avenue extension north of Steeles Avenue East to 1685904 Ontario Inc.

4. Parts 2 and 9, Registered Plan 65R-30679: A portion of 9829 9^th Line to the Region of York for 9^th Line road widening purposes.

(In-Camera Clause 3)

CARRIED

12. BY-LAWS

Council consented to add By-laws 2008-204 and 2008-205.

Moved by Councillor A. Chiu

Seconded by Councillor D. Horchik

That By-laws 2008-185 to 2008-202 and By-laws 2008-204 and 2008-205 be given three readings and enacted.

Three Readings

BY-LAW 2008-185 A by-law to authorize the temporary closure of various streets to facilitate the Thornhill Village Festival being held on September 20, 2008.
(Communication No. 66-2008)

BY-LAW 2008-186 A by-law to authorize the temporary closure of Elgin Mills Road between Highway 48 and McCowan Road to facilitate the Markham Fair being held on October 2 to 5, 2008.
(Communication No. 69-2008)

BY-LAW 2008-187 A by-law to designate a property as being of Historic and/or Architectural Value or Interest (Abraham Koch House, 7085 14^th Avenue)
(Clause 2, Report No. 23, 2008).

BY-LAW 2008-188 A by-law to designate a property as being of Historic and/or Architectural Value or Interest (Sylvester Tomlinson House, 7943 Ninth Line)
(Clause 3, Report No. 26, 2008).

BY-LAW 2008-189 A by-law to designate a property as being of Historic and/or Architectural Value or Interest (Roger Hawkins House, 7149 16^th Avenue)
(Clause 2, Report No. 26, 2008).

BY-LAW 2008-190 A by-law to designate a property as being of Historic and/or Architectural Value or Interest (George R. Cowie House, 5933 14^th Avenue)
(Clause 10, Report No. 36, 2008).

BY-LAW 2008-191 A by-law to amend Municipal Law Enforcement Officers Appointment By-law 2002-178 and Parking By-law 2005-188 (To revise the lists for officers, enforcement companies and tagging locations).

BY-LAW 2008-192 A by-law to dedicate certain lands as part of the highways of the Town of Markham (Part of Lots 11 and 12, Concession 9, designated as Part 2, Plan 65R-29626 - Bur Oak Avenue).

BY-LAW 2008-193 A by-law to designate part of a certain plan of subdivision not subject to Part Lot Control (Oxnard Boxgrove Limited, Block 10, Plan 65M-4032).

BY-LAW 2008-194 A by-law to designate part of a certain plan of subdivision not subject to Part Lot Control (Wykland Estates Inc., south of 16^th Avenue and east of Bur Oak Avenue, Lots 1 to 3, 5 to 10 and 15 to 25, Plan 65M-4054).

BY-LAW 2008-195 A by-law to designate part of a certain plan of subdivision not subject to Part Lot Control (Ter-sky (Markham) Developments Inc. (Caliber Homes), Lots 29 to 32, Plan 65M-3807).

BY-LAW 2008-196 A by-law to amend Zoning By-law 1229, as amended (Michael Jacobs, 15 Deer Park Lane - To permit four semi-detached dwelling units).
(Communication No. 71-2008)

BY-LAW 2008-197 A by-law to adopted an Official Plan Amendment No. 175 (1475398 Ontario Inc. (Town and Country BMW), east side of Kennedy Road, between South Unionville Avenue and Helen Avenue - To permit the development of a second automobile dealership).
(Clause 3, Report No. 39, 2008)

BY-LAW 2008-198 A by-law to amend Zoning By-law 177-96, as amended (1475398 Ontario Inc. (Town and Country BMW), east side of Kennedy Road, between South Unionville Avenue and Helen Avenue - To remove subject lands from the designated area of By-law 177-96, as amended, so that the lands could be incorporated into the designated area of By-law 122-72 to permit the development of a second automobile dealership).
(Clause 3, Report No. 39, 2008)

BY-LAW 2008-199 A by-law to amend Zoning By-law 122-72, as amended (1475398 Ontario Inc. (Town and Country BMW), east side of Kennedy Road, between South Unionville Avenue and Helen Avenue - To permit the development of a second automobile dealership).
(Clause 3, Report No. 39, 2008)

BY-LAW 2008-200 A by-law to adopt an Official Plan Amendment No. 176 (Dougson Investments Inc. (Village Nissan), south side of South Unionville Avenue, east of Kennedy Road, South Unionville Community - To permit an automobile dealership).
(Clause 14, Report No. 36, 2008)

BY-LAW 2008-201 A by-law to amend Zoning By-law 304-87, as amended (Dougson Investments Inc. (Village Nissan), south side South Unionville Avenue, east of Kennedy Road, South Unionville Community - To delete subject lands from the designated area of By-law 304-87, as amended, so that the lands could be incorporated into By-law 177-96, as amended, to permit an automobile dealership).

(Clause 14, Report No. 36, 2008)

BY-LAW 2008-202 A by-law to amend Zoning By-law 177-96, as amended (Dougson Investments Inc. (Village Nissan), south side of South Unionville Avenue, east of Kennedy Road, South Unionville Community - To permit an automobile dealership).

(Clause 14, Report No. 36, 2008)

BY-LAW 2008-204 A by-law to authorize the execution of a Transfer of Land to Norvalley Homes Ltd. for lands legally described as part of Lot 11, Plan 445, designated as Part 1, Plan 65R-22176, Markham.
(In-Camera Clause 2)

BY-LAW 2008-205 A by-law to authorize the Mayor and Clerk to execute a Transfer of Land and other related documents to Traks Communications Ltd., Region of York and 1685904 Ontario Inc.
(In-Camera Clause 3)

CARRIED

13. IN-CAMERA ITEMS

Council consented to add In-camera Clauses (1) to (5).

Moved by Councillor A. Chiu

Seconded by Councillor L. Kanapathi

That Council report Clauses (1) to (3) from in-camera agenda.

CARRIED

(1) MINUTES OF IN-CAMERA COUNCIL MEETING
- JUNE 24, 2008 (16.0)

That the minutes of the in-camera Council meeting held on June 24, 2008, be confirmed.

CARRIED

REPORT OF GENERAL COMMITTEE - September 8, 2008

(2) RE-CONVEYANCE OF LANDS TO NORVALLEY
PART 1, PLAN 65R-22176 (8.1)

That the confidential report entitled “Re-conveyance of Lands to Norvalley Homes Ltd. – Part of Lot 11, Plan 445, designated as Part 1, Plan 65R-22176 be received; and,

That Part 1, Plan 65R-22176 be declared surplus pursuant to Town of Markham By-law 178-96 and that the notice of the proposed disposition of such lands be placed on the agenda for the Council meeting of September 9^th, 2008; and,

That a by-law be enacted at Council on September 9, 2008, authorizing the Mayor and Clerk to execute a Transfer of Land and other related documents for the completion of this transaction, all in a form satisfactory to the Town Solicitor; and,

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

(By-law 2008-204)

CARRIED

(3) DECLARATION OF SURPLUS REAL PROPERTY
– PROPOSED DISPOSITION OF FOUR (4) PROPERTIES (8.5)

That the report entitled “Declaration of Surplus Real Property – Proposed Disposition of Four (4) Properties” be received; and,

That the following four properties be declared surplus pursuant to Town of Markham By-law 178-96 and that notice of the proposed disposition of such lands be placed on the agenda for the Council meeting September 9, 2008;

1. Part of Lot 1, Registered Plan 2196: Lands on the East Side of Main Street South (Unionville), South of Highway 7 to Traks Communications Ltd.;

2. Part 6, Registered Plan 65R-29626: A portion of the Bur Oak Avenue Road Allowance to the Region of York;

3. Part 8, Registered Plan 65R-30695: A portion of the future Midland Avenue extension north of Steeles Avenue East to 1685904 Ontario Inc.; and

4. Parts 2 and 9, Registered Plan 65R-30679: A portion of 9829 9^th Line to the Region of York for 9^th Line road widening purposes; and,

That a by-law be enacted at Council on September 9, 2008, authorizing the Mayor and Clerk to execute a Transfer of Land and other related documents for the completion of the above conveyances, in a form satisfactory to the Chief Administrative Officer and the Town Solicitor; and,

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

(By-law 2008-205)

CARRIED

Moved by Councillor A. Chiu

Seconded by Regional Councillor J. Jones

That Council resolve into an in-camera session to discuss Clauses (4) and (5) at 7:47 p.m.

Moved by Regional Councillor J. Jones

Seconded by Regional Councillor G. Landon

That Council rise and the Chair report Clauses (4) and (5) at 8:07 p.m.

CARRIED

REPORT OF DIRECTOR, CORPORATE COMMUNICATION

(4) CONFIDENTIAL LEGAL MATTER (12.2.6)

That the confidential report dated September 8, 2008 from the Commissioner of Corporate Services and Director of Corporate Communications regarding a legal matter be received; and,

That staff be authorized and directed to take the actions set out in this report.

CARRIED

REPORT OF COUNCIL

(5) POTENTIAL MERGER BETWEEN POWERSTREAM INC. AND
BARRIE HYDRO (13.7)

That the verbal update regarding the potential merger between Powerstream Inc. and Barrie Hydro be received.

CARRIED

Moved by Regional Councillor J. Jones

Seconded by Regional Councillor G. Landon

That the report of in-camera session be adopted, approved and confirmed.

CARRIED

14. CONFIRMATORY BY-LAW

Moved by Councillor A. Chiu

Seconded by Councillor J. Virgilio

That By-law 2008-203 be given three readings and enacted.

Three Readings

BY-LAW 2008-203 A by-law to confirm the proceedings of the Council meeting of September 9, 2008.
(Council Meeting No. 11, 2008)

CARRIED

15. ADJOURNMENT

Moved by Councillor A. Chiu

Seconded by Deputy Mayor J. Heath

That the meeting do adjourn.

CARRIED

Council adjourned at 8:09 p.m.

__________________________________ ________________________________

KIMBERLEY KITTERINGHAM FRANK SCARPITTI

TOWN CLERK MAYOR

(Signed)