March
31, 2009
COUNCIL MINUTES Council Chamber, Civic Centre
Meeting No. 5
ROLL
CALL
Mayor F. Scarpitti, Deputy Mayor J. Heath, Regional Councillor T. Wong (7:13 p.m.), Regional Councillor G. Landon, Councillor V. Burke, Councillor E. Shapero, Councillor J. Virgilio, Councillor C. Moretti, Councillor J. Webster, Councillor D. Horchik, Councillor L. Kanapathi.
REGRETS
Regional Councillor J. Jones, Councillor A. Chiu
STAFF
J. Livey, Chief Administrative Officer
J. Baird, Commissioner of Development 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
The Regular
Meeting of Council was held on March 31, 2009 at 7:10 p.m. in
1. DISCLOSURE OF PECUNIARY INTEREST
(1) None declared.
2. MINUTES
(1) COUNCIL MINUTES - MARCH 10, 2009
Moved by Councillor C. Moretti
Seconded by Regional Councillor G. Landon
That the Minutes of the Council Meeting held on March 10, 2009, be adopted.
CARRIED
Moved by Councillor J. Virgilio
Seconded by Councillor D. Horchik
That Council bring forward In-Camera Item No. 3 and By-law 2009-35
regarding the appointment of the Fire Chief for consideration at this time.
(See By-law 2009-35 and In-Camera Item No. 3 for Council resolutions on
these matters)
CARRIED
3. PRESENTATIONS
(1) RECOGNITION OF MARKHAM
AQUATIC CLUB ACHIEVEMENTS
AT THE JUNIOR PROVINCIAL
CHAMPIONSHIP (12.2.6)
Council
recognized Members of the Markham Aquatic Club for their incredible
achievements at the Junior Provincial Championship held during March 2009. The Club ranked 6th place
competing against 89 clubs across the Province at this meet in Ottawa, Ontario.
Michel Berube, Head Coach, provided an introduction on this matter.
Boys 11 years
old & under
- Christian Ng (2 Gold Medals and set Provincial Meet Record, Bronze
Medal in 50 Free and 200 Free)
- Thomas Leung (Silver Medal in 100 Breaststroke & Bronze Medal
in 400 Free)
- Michael Min (Bronze Medal in 100 & 200 Backstrokes)
- Justin McNamara (4 Gold Medals in Relay Events & set 3 Provincial Records)
Boys 16 years old
- Ben Stubbs (Gold Medal in 200 Fly, 200 Back & 400 IM)
- Brendon Voumvakis (Silver Medal in 800 Free & Bronze Medal
in 1500 Free)
- Andrew Lee (Silver Medal in 400 Free and Bronze Medal in 200
IM)
Boys 14 years
old
- Paul Wong (Bronze
Medal in 800 Free)
Girls 10 years
old & under
- Madeline Paradkar (Silver
Medal in 100 Butterfly)
____________________________________
Mayor F. Scarpitti vacated the Chair and Deputy Mayor J. Heath assumed the Chair.
(7:35 p.m.)
____________________________________
4. DELEGATIONS
Council consented to add Delegations (1) and (2).
(1) Tupper Wheatley, Milne Community Alliance, addressed Council regarding Milne Dam Conservation Area - Multi-Use Pathway Review Working Group Terms of Reference and referenced a letter dated March 28, 2009 sent to Members of Council providing comments for the Terms of Reference contained in the staff report of March 24, 2009. He urged Council to consider the amendments suggested in the letter and indicated he looked forward to serving on the Working Group. (6.3)
(Item 2, Report No. 19 - March 24, 2009
Development Services Committee)
(2) Glenn Baron addressed Council regarding Milne Dam Conservation Area - Multi-Use Pathway Review Working Group Terms of Reference and spoke in support of the focus of the Working Group. He expressed public safety and accessibility concerns for persons with disabilities relative to public pathways adjacent to high-traffic roadways. (6.3)
(Item 2, Report No. 19 - March 24, 2009
Development Services Committee)
____________________________________
Deputy Mayor J. Heath vacated the Chair and Mayor F. Scarpitti resumed the Chair.
(7:46 p.m.)
____________________________________
5. PETITIONS
There were no petitions.
6(a) REPORT NO. 18 - GENERAL COMMITTEE (March 23, 2009)
Moved by Councillor J. Virgilio
Seconded by Regional Councillor G. Landon
That Report No. 18 - General Committee comprised of 4 items be received and adopted.
(1) MINUTES
OF THE NOVEMBER 12, 2008,
DECEMBER 17, 2008, AND JANUARY 21, 2009
ANIMAL CARE COMMITTEE
(REQUEST FOR PROCLAMATIONS) (16.0)
1) That the minutes of the November 12, 2008, December 17, 2008, and January 21, 2009 Animal Care Committee be received; and,
2) That Council adopt the following resolution passed at the Animal Care Committee held on January 21, 2009:
That the Town of Markham proclaim the week of April 6th -12th, 2009 “National Wildlife Week“; and,
That the Town of Markham proclaim the week of May 3rd – 9th, 2009 “Be Kind to Animals Week”.
CARRIED
(2) SUMMARY OF 2008 REMUNERATION
& EXPENSES FOR COUNCILLORS
APPOINTEES TO BOARDS (16.23.2)
1) That Council receive for information the March 23, 2009 report entitled “Summary of 2008 Remuneration & Expenses for Councillors and Appointees to Boards”; and,
2) That Staff be authorized and directed to do all things necessary to give effect to this resolution.
CARRIED
(3) BLUE
BOX PROGRAM PLAN REVIEW (5.7)
1) The report entitled “Blue Box Program Plan Review” be
received; and,
2) That Council endorse the Inter-municipal Waste Diversion
Committee’s February 27, 2009 comments on the WDO – “Draft Preliminary Report
for Consultation Review of the Blue Box Program Plan”; and,
3) That prior to finalizing the preferred options for the new
Blue Box Program Plan, the Ontario Ministry of the Environment be requested to:
(a) more clearly define preferred options/models for advancing
Ontario’s blue box material recycling system be provided and that extensive and
meaningful Province-wide consultation be conducted with the public,
municipalities and interested groups; and,
(b) ensure current service level expectations by the public are
maintained and ideally enhanced in the future; and,
4) That staff prepare status reports to Council on the new Blue
Box Program Plan review process including financial and service level
implications; and,
5) That a copy of this Report be forwarded to the Ministry of
the Environment, and Waste Diversion Ontario; and,
6) That staff work with Council to develop
a vision and strategy to address the future of the Blue Box Program, to be
communicated to Waste Diversion Ontario, and further,
7) That staff be authorized and directed to do all things
necessary to give effect to this resolution.
CARRIED
(4) 2009 TAX RATIOS (7.1)
1) That
the report entitled “2009 Tax Ratios” be received for information; and,
2) That
Council support retaining the same 2008 ratios as established by Regional
Council for the 2009 tax year; and,
3) That
the Region of York be informed of Council’s decision; and further,
4) That
staff be authorized and directed to take the actions set out in this report.
CARRIED
6(b) REPORT NO. 19 - DEVELOPMENT SERVICES COMMITTEE (March 24, 2009)
Council consented to separate Item No. 2.
Moved by Councillor J. Webster
Seconded by Councillor D. Horchik
That Report No.19 - Development Services Committee comprised of 3 items
be received and adopted, except Item No. 2 (See following Item No. 2).
(1) PROPOSED PARKING
PROHIBITION ON
LEGACY DRIVE AND
ROUGE BANK DRIVE (5.12.4)
Report Attach A Attach B Attach C
1) That the report entitled “Proposed Parking Prohibition on
Legacy Drive and Rouge Bank Drive” dated March 24, 2009, be received; and,
2) And that Schedule “C” of Traffic By-law 2005-188, be amended
by including the west side of Legacy Drive, between Rouge Bank Drive and Russell
Jarvis Drive; and,
3) That Schedule “C” of Traffic By-law 2005-188, be amended by
including the south side of Rouge Bank Drive, between Legacy Drive and
Cottontail Avenue; and,
4) That
the Operations Department be directed
to install the appropriate signs at the subject locations, funded
through the Operations Department account # 83-5399-8402-005; and,
5) That the Operations Department be directed to maintain the signs at the subject locations; and,
6) That
the Parking Control Department be directed to enforce the parking prohibition
upon installation of the signs; and further,
7) That staff be authorized and directed to do all things necessary to give effect to this resolution.
(By-law 2009-28)
CARRIED
(2) MILNE DAM CONSERVATION AREA
- MULTI-USE PATHWAY REVIEW
WORKING GROUP
TERMS OF REFERENCE (6.3)
Report Attach
A Attach
B Attach
C
1) That
the staff report entitled ‘Milne Dam Conservation Area – Multi-use Pathway
Review - Work Group Terms of Reference’ dated March 24, 2009 and the
correspondence from Mr. Glenn Baron, be received; and,
2) That
the Terms of Reference be amended to stipulate that the Toronto and Region
Conservation Authority (TRCA) be invited to participate on the Working Group in
an advisory capacity; and
3) That the Terms of Reference and schedule for the working group to evaluate options for the development of a multi-use pathway in the Milne Dam Conservation area as outlined in this report and as amended by Council this date, be endorsed; and,
4) That the composition of the working group as outlined in this report, be endorsed; and,
5) That Council appoint Councillor
6) That
the Legislative
Services be requested to provide secretariat support to the Working Group; and
7) That if necessary the purchase orders for the design consultants (Chisholm, Fleming and Wardrop) be increased for additional work related to the working group and be funded from Engineering Capital Account 83-5350-8114-005; and,
8) That staff report back on June 16, 2009 with the Working Groups recommended alignment; and further,
9) That staff be authorized and directed to do all things necessary to give effect to this resolution.
CARRIED
(See following motion which was
lost)
Moved by Councillor C. Moretti
Seconded by Councillor E. Shapero
That an additional clause be added to the proposed recommendation as follows:
"That the purpose of
the working group is to re-examine the options in the McCowan Road to Main
Street Markham area for a multi-use pathway system linking the Milne community
and parks system to the commercial area along Markham Road to the north in
order to create an integrated system with Unionville to the West and Rouge Park
to the East.."
LOST
(See
following direction to staff on Attachment "C")
Staff agreed to amend the Pathway Options
Attachment "C" of the staff report dated March 24, 2009 to reflect
all of the options discussed as part of the Environmental Assessment.
(3) 2009 ECONOMIC DEVELOPMENT MARKETING PLAN (10.16)
1) That
the report entitled “2009
2) That the Marketing Plan activities be
funded in accordance with the Town’s
3) That
Staff be authorized and directed to do all things necessary to give effect to
this resolution.
CARRIED
6(c) REPORT NO. 20 - GENERAL COMMITTEE (March 30, 2009)
Council consented to add Report No. 20.
Moved by Councillor J. Virgilio
Seconded by Councillor E. Shapero
That Report No. 20 - General Committee comprised of 2 items be received and adopted.
(1) APPOINTMENTS
AND RESIGNATIONS
TO ADVISORY COMMITTEES AND BOARDS
(HERITAGE MARKHAM COMMITTEE) (16.24)
1) That the following
persons be appointed to the Heritage Markham Committee for the term
ending November 30, 2010;
Ronald Waine - Markham
Representative
Ted Chisholm -
Unionville Representative
Judith Dawson -
Thornhill Representative.
CARRIED
(2) FEDERAL AND PROVINCIAL
INFRASTRUCTURE PROGRAMS (7.0)
Report 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17
1) That the report dated March 30, 2009 entitled “Federal and Provincial Infrastructure Funding Programs” be received; and,
2) That the projects as outlined in Exhibit B be considered and approved for submission to the Government of Canada and the Province of Ontario under the identified grant programs; and,
3) That the Mayor submit a letter on behalf of the Town of Markham to Minister Baird (Member of Parliament) and Minister Smitherman (Member of Provincial Parliament) outlining the details of each project for consideration of the various grant opportunities; and further,
4) That Staff be authorized and directed to do all things necessary to give effect to this resolution.
CARRIED
7. MOTIONS
There were no motions.
8. NOTICES OF MOTIONS
There were no notices of motions.
9. COMMUNICATIONS
Moved by Councillor L. Kanapathi
Seconded by Councillor V. Burke
That Council
receive and consent to the disposition of communications in the following
manner:
Referred to all Members of Council
8-2009 Markham Village
BIA - Forwarding a request to close Robinson Street from 138 west to 132 on all
Saturdays from May 9 to October 10, 2009 inclusive between the hours of
8:00 a.m. and 1:00 p.m. to facilitate the Main Street Markham Farmers Market.
(3.5)
9-2009 Markham Village BIA - Forwarding a request to close Joseph Street east of Main Street Markham to Washington Street on all Thursday evenings from June 18 to September 24, 2009 inclusive between the hours of 3:00 p.m. and 8:00 p.m. to facilitate the Main Street Markham Farmers Market. (3.5)
10-2009 Markham Village BIA - Forwarding a request to close the following roads on May 24 and July 19, 2009 between the hours of 9:00 a.m. and 6:00 p.m. to facilitate the Main Street Markham Pedestrian Days:
- Main Street Markham
north from Highway 7 to South of parkway Avenue
- Access east from
Main Street Markham is closed to:
a. Centre Street
b. Robinson
Street
- Access
west from Main Street Markham is closed to:
a. Dublin Street
b. Robinson Street
c. Wilson Street
- Robinson Street West
from Main Street Markham to Water Street. (3.5)
11-2009 Liquor Licence
Application - Forwarding a request to complete the Alcohol and Gaming
Commission Municipal Information Form for Up 2 You Karaoke Lounge and Bar, 8375
Woodbine Avenue (Premises previously licenced - Ownership change and seating
expansion). (3.21)
12-2009 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)
10. PROCLAMATIONS
(1) PROCLAMATIONS (3.4)
Moved by Regional Councillor T. Wong
Seconded by Councillor C. Moretti
1) That
the following be proclaimed in the Town of Markham:
- Day of Mourning for Workers Killed or Injured on the Job (April 28, 2009)
- Ontario
Coaches Week (April 18 to 26, 2009); and,
2) 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
Moved by Regional Councillor G. Landon
Seconded by Councillor E. Shapero
That By-laws
2009-28 to 2009-33 be given three readings and enacted.
CARRIED
Three Readings
BY-LAW 2009-28 A by-law amend Parking By-law 2005-188 (Parking prohibition on
Legacy Drive and Rouge Bank Drive).
(Item No. 1, Report No. 19)
BY-LAW 2009-29 A by-law to amend Municipal Law Enforcement Officers Appointment By-law 2002-178 and Parking By-law 2005-188 (Update the list for officers and tagging locations)
BY-LAW 2009-30 A by-law to dedicate certain lands as part of the highways of
the Town of Markham (Block 201, Plan 65M-2930 - Song Bird Drive; Part of Lot 1,
Plan 3542, designated as Parts 5, 6 and 7, Plan 65R-29109 - Rouge Bank Drive; Part
of Lot 19, Concession 7, designated as Part 4, Plan 65R-29387 - Castlemore
Avenue; Part of Lot 19, Concession 7, designated as Parts 3 and 7, Plan
65R-29387 - The King’s Highway No. 48).
BY-LAW 2009-31 A by-law to dedicate certain lands as part of the highways of
the Town of Markham (Part of Lot 12, Plan 2382, designated as Part 5, Plan
65R-28396 - John Street).
BY-LAW 2009-32 A by-law to designate part of a certain plan of subdivision not subject to Part Lot Control (Angus Glen - West Village, Phase 1, Blocks 36 to 46, Plan 65M-4086, south of Major Mackenzie Drive and west of Kennedy Road).
BY-LAW 2009-33 A by-law to amend Zoning By-law 304-87, as amended (Melville
United Church, 11248 and 11264 Kennedy Road, Part of Lot 29, Concession 5 - To
only permit the uses that currently exist on subject properties).
(Item No. 1, Report No. 12, 2009)
Council consented to add By-law 2009-35 with respect to the appointment of the Fire Chief.
Moved by Deputy Mayor J. Heath
Seconded by Regional Councillor T. Wong
That By-law
2009-35 be given three readings and enacted.
CARRIED
BY-LAW 2009-35 A by-law to appoint William Snowball Fire Chief for the
Corporation of the Town of Markham effective April 1, 2009.
(In-Camera Item No. 3)
Note: By-law 2009-35 with respect to the appointment of the Fire Chief was enacted immediately following the adoption of Council minutes.
13. IN-CAMERA ITEMS
REPORT
OF DEVELOPMENT SERVICES COMMITTEE - March 24, 2009
(2) MINOR VARIANCE APPEALS TO OMB
CONCERNING EXPANSION TO
EXISTING
LOGOS BAPTIST CHURCH,
INCLUDING NEW BUILDING
AND ABOVE GRADE 3 STOREY
PARKING STRUCTURE
133 OLD KENNEDY ROAD, MARKHAM
LEGAL FILE # 08 0602 LG 0438
(8.0)
[Section 239 (2) (e)]
Moved by Councillor J. Webster
Seconded by Councillor D. Horchik
1) That the confidential report entitled “Minor Variance appeals to OMB concerning expansion to existing Logos Baptist Church, including new building and above grade 3 storey parking structure”, 133 Old Kennedy Road, Markham” be received; and,
2) That the Town Solicitor be instructed to attend the Ontario Municipal Board (OMB) hearing of the appeals by Dimilta Bros. Investments, Safi and others only to ensure that conditions of approval are imposed, should the OMB decide to uphold the Committee’s decision and grant the requested variances; and,
3) That in the event Staff are requested by either of the parties to the hearing to participate in a mediation session before the OMB, then the Town Solicitor and Staff be authorized to participate in such mediation session; and further,
4) That Staff be authorized and directed to take the actions set out in this report.
CARRIED
The following In-Camera Item No. 3 was considered during the regular portion of the Council meeting immediately following the adoption of Council minutes, with no in-camera discussion:
REPORT
OF GENERAL COMMITTEE - March 30, 2009
(3) APPOINTMENT OF THE FIRE CHIEF (11.6)
[Section 239 (2) (b)]
Moved by Councillor J. Virgilio
Seconded by Councillor D. Horchik
1) That the report dated March 30, 2009 entitled “Appointment of Fire Chief” be received; and,
2) That a by-law be passed to appoint William Snowball to the position of Fire Chief for the Corporation of the Town of Markham effective April 1, 2009.
(By-law 2009-35)
CARRIED
(See following unanimous recorded
vote) (11:0)
YEAS: Mayor F. Scarpitti, Deputy Mayor J. Heath, Regional Councillor T. Wong, Regional Councillor G. Landon, Councillor V. Burke, Councillor E. Shapero, Councillor J. Virgilio, Councillor C. Moretti, Councillor J. Webster, Councillor D. Horchik, Councillor L. Kanapathi (11)
ABSENT: Regional Councillor J. Jones, Councillor A. Chiu. (2)
Moved by Councillor J. Virgilio
Seconded by Councillor E. Shapero
That, in accordance with Section 239 of the Municipal Act, Council resolve into an in-camera session to discuss the following In-Camera Items (1) and (4).
(8:36 p.m.)
(1) SEVERANCE
AND MINOR VARIANCE APPEAL
TO ONTARIO MUNICIPAL BOARD
- 94 JOHN STREET, THORNHILL
[Section 239 (2) (e)]
(4) HOME DEPOT HOLDINGS INC. v TOWN OF
MARKHAM
COURT APPLICATION REGARDING
TAX BILLING (7.1)
[Section 239 (2) (e)]
CARRIED
Moved by Councillor J. Virgilio
Seconded by Councillor C. Moretti
That Council rise from the in-camera session and re-convene regular session.
(8:45 p.m.)
CARRIED
REPORT
OF DEVELOPMENT SERVICES COMMITTEE - March 24, 2009
(1) SEVERANCE & MINOR VARIANCE APPEALS
TO OMB
94 JOHN STREET, THORNHILL
LEGAL FILE NO. 09 0205 LG 0045
(8.0)
Moved by Deputy Mayor J. Heath
Seconded by Councillor L. Kanapathi
1) That
the confidential report entitled “Severance & Minor Variance Appeals to OMB
- 94 John Street, Thornhill” be received; and,
2) That
the Town Solicitor be instructed to attend the Ontario Municipal Board (OMB)
hearing for 94 John Street to ensure that conditions of approval recommended by Staff and approved by the Committee of
Adjustment are imposed by the OMB, should the OMB decide to uphold the
Committee’s decision and grant the severance and minor variances; and further,
3) That
Staff be authorized and directed to take the actions set out in this report
CARRIED
(4) HOME
DEPOT HOLDINGS INC. v TOWN OF MARKHAM
COURT APPLICATION REGARDING
TAX BILLING (7.1)
Moved by Regional Councillor G. Landon
Seconded by Councillor D. Horchik
1) That the report entitled "Home Depot Holdings Inc. v. Town of Markham Court Application Regarding Tax Billings" be received for information; 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 L. Kanapathi
Seconded by Regional Councillor T. Wong
That By-law
2009-34 be given three readings and enacted.
Three Readings
BY-LAW 2009-34 A by-law to confirm the proceedings of the Council meeting of March
31, 2009.
(Council Meeting No. 5, 2009)
CARRIED
15. ADJOURNMENT
Moved by Councillor J.
Webster
Seconded
by Deputy Mayor J. Heath
That the meeting do adjourn.
CARRIED
Council adjourned at 8:48 p.m.
___________________________________ _____________________________________
KIMBERLEY KITTERINGHAM FRANK SCARPITTI
TOWN CLERK MAYOR
(Signed)