COUNCIL MINUTES Council Chamber, Civic Centre
Mayor F. Scarpitti, Deputy Mayor J. Heath, Regional Councillor G. Landon, Regional Councillor J. Virgilio, Councillor V. Burke, Councillor E. Shapero, Councillor C. Moretti, Councillor J. Webster, Councillor D. Horchik, Councillor L. Kanapathi, Councillor A. Chiu.
ABSENT
Regional Councillor J. Jones.
STAFF
J. Livey, Chief Administrative Officer
J. Baird, Commissioner of Development Services
B. Librecz, Commissioner of Community and Fire Services
A. Taylor, Commissioner of Corporate Services
L. Riegel,
B. Cribbett, Treasurer
K. Kitteringham, Town Clerk
Andrew Brouwer, Deputy Clerk
J. Wong, Technology Support
Specialist
D. Flaherty, Manager, Strategic Communications
The Regular
Meeting of Council was held on
Moved by Councillor A. Chiu
Seconded by Councillor L. Kanapathi
That the
Minutes of the Council Meeting held on
CARRIED
Mr. Daniele
Zanotti, CEO,
Ms. Kimberley
Kitteringham, Town Clerk and Chair of the 2008 Town of
Ms. Nancy Marchant, Senior Human Resources
Consultant and Chair of the 2009 Town of
Moved by Councillor C. Moretti
Seconded by Councillor E. Shapero
That Council thank Ms. Kimberley Kitteringham, Town Clerk and Chair of the 2008 Town of
Markham United Way Employee Fundraising Campaign, Ms. Nancy Marchant, Senior
Human Resources Consultant and Chair of the 2009 Town of Markham United Way
Employee Fundraising Campaign and all Town staff for their efforts on the Town of
Markham United Way Employee Fundraising Campaign.
CARRIED
Council at its meeting held on
Mr. Lorne Smith, Town
Historian, provided a brief history of the "German Pioneers Day" and the contribution of the early German pioneers to
the culture and economy of
- Robert Shank, Chair,
- Betty Burkholder, Reesor
Family in
- Christian Klein, Historical
Society of Mechlenburg Upper Canada Inc.
- Jim Monkman,
- Gerhard Schickedanz,
Ms. Christian
Klein of Historical Society of Mechlenburg Upper Canada Inc. presented a declaration
scroll to Mr. Smith. The declaration is by
King George the Third, as issued by Governor Guy Lord Docrchester in 1788,
establishing four districts west of
Ms. Klein
also presented a copy of the German-Canadian Yearbook to Mayor F.
Scarpitti. The yearbook was published in
1992 by the Historical Society of Mecklenburg Upper
Moved
by Deputy Mayor J. Heath
Seconded
by Regional Councillor G. Landon
That
Council recognize and thank the many efforts of the organizers of the
"German Pioneers Day".
CARRIED
__________________________
Moved by Councillor V. Burke
Seconded by Councillor E. Shapero
That Council consider the item regarding nomination of the David Dunlap Observatory immediately following Presentation Item Nos. (1) and (2).
(See Item No. 3, Report No. 60 for Council's resolution on this matter)
CARRIED
__________________________
Mr. Jim Baird,
Commissioner of Development Services Commission, provided a brief overview of
the proposed Town Initiated Official Plan Amendment to the Hamlet of Victoria
Square and responded to questions from Members of Council on same.
(Item No. 2, Report No. 60)
Council consented to add Delegations (1) to (6).
(Item No. 2, Report No. 60)
(Item No. 2, Report No. 60)
(Item No. 2, Report No. 60)
(Item No. 2, Report No. 60)
(Item No. 2, Report No. 60)
(Item No. 2, Report No. 60)
__________________________
Moved by Councillor D. Horchik
Seconded by Regional Councillor G. Landon
That Council consider the item with respect to the proposed Town Initiate Official Plan Amendment to the Hamlet of Victoria Square immediately following the delegations with respect thereto.
(See Item No. 2, Report No. 60 for Council's resolution on this matter)
CARRIED
__________________________
- REQUEST FOR PARKING ON FRED MCLAREN BOULEVARD (2.17)
Moved by Regional Councillor G. Landon
Seconded by Councillor C. Moretti
That the petitions signed by approximately 46 area residents of Donald Cousens Public School requesting parking on Fred McLaren Boulevard be received and referred to Traffic Operations Staff of the Community and Fire Services Commission.
CARRIED
Moved by Regional Councillor J. Virgilio
Seconded by Councillor E. Shapero
That Report No. 58 - General Committee comprised of 5 items be received and adopted.
1) That the resignation of Ms. Julia Burke, from the Animal Care Committee, be accepted with thanks and a letter of appreciation be forwarded.
CARRIED
1) That the report “Harmonization of the Federal Goods and
Services Tax (GST) and Ontario’s Provincial Sales Tax (PST) on Individuals and
Businesses and the Municipal Sector” be received; and,
2) That the government of the
- mitigate the impact of the implementation of the proposed Harmonized Sales Tax (HST) in light of the current economic downturn and gradually phase-in the implementation of HST;
- exempt rental and registration fees of municipal facilities and programs from the application of the HST, or on the other hand, design measures to mitigate the increased costs of these services to ensure that all residents and especially families, youth and seniors are able to afford and participate in these significant programs which are provided throughout the Town; and,
3) That
the Mayor be authorized to forward a letter to the Premier outlining the Town
of
4) That the Association of Municipalities of Ontario (AMO) be requested to lobby the Provincial Government on behalf of the Town to provide mitigation or exemptions which would ensure the continued affordability of all municipal programs for the Town’s residents; and further,
5) That Staff be authorized and directed to do all things necessary to give effect to this resolution.
CARRIED
1) That the Report entitled “Ward 3 By-Election: Early Voting, Special Voting Hours & Authorization for Use of Optical Scan Vote Tabulators” be received; and,
2) That Council pass a by-law to authorize the following early
voting opportunities and special voting hours for the
Early Voting Opportunities:
Special Voting Hours:
Bethany Lodge
23 Second Street South
Union Villa
4300 Highway 7
3) That Council pass a by-law to authorize the use of optical
scan vote tabulators for the
4) That the cost of the November 23, 2009 By-election be funded from the election cost centre (310 311).
(By-laws 2009-145 and 2009-146)
CARRIED
1) That the following persons be appointed
to the German Mills Community Centre Board for the term ending
Kathy Branny
Eileen Carter
Erin Cattral
Helen Duffy
Athena Hui
Sharon Raibmon
CARRIED
1) That the report “Impact of
Harmonization of the Federal Goods and Services Tax (GST) and Ontario’s
Provincial Sales Tax (PST) to the Town ”
be received; and,
2) That
the 2010 operating budget impact of $55,000 based on
3) That
the 2010 capital budget HST impact of $545,000 be included in the 2010 capital
budget; and further,
4) That
Staff be authorized and directed to do all things necessary to give effect to
this resolution.
CARRIED
Council consented to separate Item No. 1.
Moved by Councillor J. Webster
Seconded by Councillor D. Horchik
That Item No. 1 of Report No. 59- Development Services Committee, as amended, be received and adopted.
Whereas
the
Whereas the Buttonville Airport supports general aviation, corporate and government jets, and emergency services including air ambulance and police, and is one of the busiest airports in Ontario; and,
Whereas
the
Whereas the Buttonville Airport supports a wide range of business and government activities in Markham, York Region and the GTA, and provides significant direct and indirect employment opportunities and economic development benefits; and,
Whereas the Buttonville Airport is privately owned and operated by Toronto Airways Limited, but has historically received financial contributions from government and airport authorities, most recently the Region of York and the Greater Toronto Airport Authority (GTAA); and,
Whereas the funding provided to the Buttonville Airport by the GTAA ceased in April 2009, resulting in the owner / operator of the airport announcing that they may cease operations at the Buttonville location, and that redevelopment options are being considered for the subject lands; and,
Now Therefore be it Resolved as follows:
1) That the Town of Markham supports the continued operation of the Buttonville Airport as the airport is a major contributor to the local and regional economy and transportation network; and,
2) That the GTAA and the Federal Government be requested to restore it’s funding to the Buttonville Airport and that the Region of York be requested to continue it’s funding to the Buttonville Airport until a new location for the Airport is found; and further,
3) That copies of this resolution be forwarded to Toronto Airways Limited, the Greater Toronto Airport Authority, the Region of York, the Region of Durham, the Federal Minister of Transportation, the Premier of Ontario, the Provincial Minister of Transportation, and MPs and MPPs in York and Durham Regions.
CARRIED AS AMENDED
(See following motion to defer the proposed resolutions
which was lost)
(See following motion to adopt the proposed
preambles)
(See following motions to amend the proposed resolutions)
(See following proposed resolution which was not
adopted)
Motion
to defer the proposed resolutions which was lost
Moved by Councillor
D. Horchik
Seconded by Councillor
A. Chiu
That Item No. 1, Report No. 59, regarding the
LOST
Council consented to division of the proposed
resolutions regarding the
Motion
to adopt the proposed preambles
Council consented
to add the following as preamble Paragraph No. 5:
"Whereas key
economic indicators include 29 private business operations at Buttonville
Airport and 4 government and service agencies employing a total of 345 people
in full and part time jobs at the airport itself; an estimated total of
approximately 1,300 direct and indirect employment opportunities generated by
airport related activities; a contribution of approximately $ 96 million in
direct, indirect and induced contributions to gross domestic product;"
Moved by Councillor J. Webster
Seconded by Councillor D. Horchik
That all preambles
of Item No. 1, Report No. 59, as proposed, be adopted.
CARRIED
Resolution
No. 1)
Moved by Deputy
Mayor J. Heath
Seconded by Councillor
E. Shapero
That the following Resolution No. 1), as amended to delete the words "… in York Region or in close
proximity to
"1) That
the Town of
CARRIED
AS AMENDED
Resolution No.
2)
Council consented to add the words "…
and the Federal Government…" after the word "…GTAA…".
Moved by Councillor J. Webster
Seconded by Councillor D. Horchik
That the following Resolution No. 2), as proposed, be adopted:
"2) That
the GTAA and the Federal Government be requested to restore it’s funding to the
CARRIED
Resolution No. 3)
Moved by Councillor J. Webster
Seconded by Councillor D. Horchik
That the following Resolution No. 3), as proposed, be adopted:
"3) That copies of this resolution be forwarded to Toronto Airways Limited, the Greater Toronto Airport Authority, the Region of York, the Region of Durham, the Federal Minister of Transportation, the Premier of Ontario, the Provincial Minister of Transportation, and MPs and MPPs in York and Durham Regions."
CARRIED
Proposed resolution which was not adopted
Council consented to not adopt the following proposed resolution:
"That
the owner/operator of the
NOT ADOPTED
Council consented to separate Item No. 1 regarding the applications for 16th and McCowan Holdings Ltd. to allow Councillor C. Moretti to disclose an interest on the matter.
Moved by Councillor J. Webster
Seconded by Councillor D. Horchik
That Report No. 60 - Development Services Committee comprised of 3 items be received and adopted, except Items Nos. (2) and (3). [See following Item Nos. (2) and (3)]
1) That
the report entitled “Recommendation Report, 16th and McCowan
Holdings Ltd., East of McCowan Road, north of 16th Avenue, Wismer
Commons Community, Applications for Draft Plan of Subdivision Approval and
Implementing Zoning By-law Amendments, SU 02 115896 (19TM-02011 – Phase 3 and 19TM-98006) and ZA
08 122207”, dated October 6, 2009 be received; and,
2) That draft plan of subdivision 19TM-02011 - Phase 3 and
19TM-98006 submitted by 16th and McCowan Holdings Ltd., be draft approved subject to the
conditions outlined in Appendix ‘A’; and,
3) That
the application submitted by 16th and McCowan Holdings Ltd. 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,
4) That servicing allocation for 12 units
(44.4 pop.) be granted to plan of subdivision 19TM-02011 - Phase 3 and 19TM-98006 from the total allocation for the
Wismer Commons Community, assigned in accordance with the February 12, 2008
staff report on servicing allocation; and,
5) That the Mayor and Clerk be authorized to enter into a No
Presale Agreement with the Owner of Plan 19TM-02011 (Phase 3 - 12 units) and
19TM-98006 (12 units) which agreement shall be registered on title, committing
the Owner not to enter into any agreements of purchase and sale with anyone,
including other developers or builders, for the Phase 3 lands, until York Region has advised in writing
that the expected completion of the Duffin Creek Water Pollution Control Plant
expansion project and the YDSS Flow Control Structures project will be within
twelve (12) months; and,
6) That the Mayor and Clerk be authorized to enter into a No
Presale Agreement with the Owner of Plan 19TM-02011 (Phase 3 – 136.5 units) and
19TM-98006 (136.5 units) which agreement shall be registered on title,
committing the Owner not to enter into any agreements of purchase and sale with
anyone, including other developers or builders, for the Phase 3 lands, until:
i) York Region has advised in writing that the expected completion of
the Southeast Collector Sewer will be within twelve (12) months;
ii) The Council of the Town of
iii) The Trustee for the Wismer Commons Developers’ Group Cost Sharing
Agreement has assigned 136.5 units of conditional servicing (water and sewer)
allocation to the Owner; 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 2008-257); and further,
10) That
Staff be authorized and directed to do all things necessary to give effect to
this resolution.
CARRIED
(Councillor C. Moretti abstained)
Report Attachment Correspondence Letters Letters
1) That the letter dated October 13,
2009 from Ms. Elena Bevilacqua, Vice-President,
Cesaroni Holdings Ltd
and the letter dated October 11, 2009 from Mr. A. Fedele, presented at the
Council meeting on October 13, 2009, be received; and,
2) That the delegations of
Ms. Elena Bevilacqua, Cesaroni Holdings Ltd., Michael
Davis, Margarita Leventis, Matthew McKinlay, Nancy Brumwell, Jim Robertson,
President, Save Victoria Square Ratepayers Association, presented at the Council meeting on October
13, 2009, be received; and,
3) That the letter dated September 25, 2009 from Mr. Matthew McKinlay forwarding thirty-five letters of response from the residents of the community of Victoria Square indicating thirty responses do not support the proposed amendment and five responses in support of the proposed amendment to the Official Plan, presented at the Development Services Committee on October 6, 2009, be received; and,
4) That the correspondence from Mr. Jim Robertson, President Save Victoria Square Ratepayers Association, presented at the Development Services Committee on October 6, 2009, be received; and,
5) That the correspondence from Ms. Joy Mortson, 3046 Elgin Mills Road East, presented at the Development Services Committee on October 6, 2009, be received; and,
6) That
the staff report entitled “Recommendation Report - Town initiated Official Plan Amendment to the
Hamlet of Victoria Square
7) That
the record of the Public Meeting held on
8) That
an Official Plan Amendment which sets out new policies in the Victoria Square
9) That
staff report back to the Development Services Committee on designating The
Hamlet of Victoria Square as a designated Heritage Study Area; and further,
10) That Staff be authorized and directed to do all things necessary to give effect to this resolution.
CARRIED AS AMENDED BY A UNANIMOUS RECORDED VOTE
(See following recorded vote)
(See following motion to move forward the
consideration of this matter)
(See following motion to consider the proposed resolutions)
(See following motion to amend the proposed resolutions)
Unanimous
recorded vote
YEAS: Mayor F. Scarpitti, Deputy Mayor J. Heath, Regional Councillor G. Landon, Regional Councillor J. Virgilio, Councillor V. Burke, Councillor E. Shapero, Councillor C. Moretti, Councillor J. Webster, Councillor D. Horchik, Councillor L. Kanapathi, Councillor A. Chiu. (11)
ABSENT: Regional Councillor J. Jones. (1)
Motion to move
forward the consideration of the matter
Moved by Councillor D. Horchik
Seconded by Regional Councillor G. Landon
That Council consent to consider the item with respect to the proposed Town Initiate Official Plan Amendment to the Hamlet of Victoria Square immediately following the delegations with respect thereto.
CARRIED
Motion to consider the proposed resolutions
Moved by Councillor D. Horchik
Seconded by Councillor J. Webster
That Council consider the proposed
motion regarding the proposed Town Initiate Official
Plan Amendment to the Hamlet of Victoria Square.
CARRIED
Motion to amend the proposed resolutions
Moved by Councillor D. Horchik
Seconded by Councillor J. Webster
That the following paragraphs be added as Resolutions No. 1) and 2); and that the proposed resolution be renumbered:
"1) That the letter dated October 13,
2009 from Ms. Elena Bevilacqua, Vice-President,
Cesaroni Holdings Ltd
and the letter dated October 11, 2009 from Mr. A. Fedele, presented at the
Council meeting on October 13, 2009, be received; and,
2) That the delegations of
Ms. Elena Bevilacqua, Cesaroni Holdings Ltd., Michael
Davis, Margarita Leventis, Matthew McKinlay, Nancy Brumwell, Jim Robertson,
President, Save Victoria Square Ratepayers Association, presented at the Council meeting on October
13, 2009, be received; and,"
CARRIED
1) That as recommended by
2) That the Town of
3) That this resolution be sent to the Prime
Minister of Canada, the Federal Minister of Heritage, the Premier of Ontario,
the Provincial Minister of Culture, the MPs and MPPs for the Town of Markham
and for the Town of Richmond Hill, and the Council of 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
BY A UNANIMOUS RECORDED VOTE
(See following recorded vote)
(See following motion to move forward the consideration
of this matter)
YEAS: Mayor F. Scarpitti, Deputy Mayor J. Heath, Regional Councillor G. Landon, Regional Councillor J. Virgilio, Councillor V. Burke, Councillor E. Shapero, Councillor J. Webster, Councillor D. Horchik, Councillor L. Kanapathi, Councillor A. Chiu. (10)
ABSENT: Regional Councillor J. Jones, Councillor C. Moretti. (2)
Council consented to add the words "… the Prime Minister of Canada…" and the words "…the
Premier of Ontario…" to Resolution No. 3).
Moved by Councillor V. Burke
Seconded by Councillor E. Shapero
That Council consider the item regarding nomination of the David Dunlap Observatory immediately following Presentation Item Nos. (1) and (2).
CARRIED
Moved by Councillor J. Webster
Seconded by Councillor D. Horchik
That Report No. 61 - Development Services Public Meeting comprised of 1
item be received and adopted.
1) That the Development Services Commission report dated September
22, 2009 entitled “Information Report, Wynberry Developments Inc. (Phase 3),
Proposed draft plan of subdivision and implementing zoning by-law amendments,
East of Mingay Avenue and north of Edward Jeffreys Avenue, File Numbers ZA
09-119148-002 and SU 01-119048” be received; and,
2) That the Record of the Public Meeting held on October 6,
2009, with respect to the applications by Wynberry Developments Inc. (Phase 3)
for Zoning By-law Amendment and Draft Plan of Subdivision, be received; and,
3) That upon completion of the review and evaluation by staff
of the proposal submitted by Wynberry Developments Inc. (Phase 3) Draft Plan of
Subdivision 19TM-01020, and if there are no outstanding issues, the draft plan
be approved in accordance with the Delegation By-law; and further,
4) And that upon issuance of draft plan approval, the
implementing zoning by-laws be enacted without further notice.
CARRIED
There were no motions.
There were no notices of motions.
Moved by Councillor A. Chiu
Seconded by Councillor L. Kanapathi
That Council
receive and consent to the disposition of communications in the following
manner:
(Item No. 2, Report No. 60)
CARRIED
Moved by Councillor V. Burke
Seconded by Councillor E. Shapero
1) That
the following be proclaimed in the Town of
- Public Library Week (
2) That
the Communications and Community Relations Department be requested to publish
the above proclamation in the local newspapers.
CARRIED
There were no new/other businesses.
Moved by Councillor A. Chiu
Seconded by Councillor J. Webster
That By-laws 2009-145
to 2009-150 be given three readings and enacted.
(Item No. 3, Report No. 58)
(Item No. 3, Report No. 58)
CARRIED
Council considered In-Camera Item (1) during the regular portion of the meeting and did not go into in-camera session.
REPORT
OF GENERAL COMMITTEE (
(1)
Moved by Regional Councillor J. Virgilio
Seconded by Councillor D. Horchik
1) That the confidential report entitled “Markham Convergence Centre” be received and endorsed; and,
2) That Staff be authorized and directed to take the actions set out in this report.
CARRIED
Council consented to minor amendments to the
actions set out in the confidential report regarding property lease acquisition
for Markham Convergence Centre.
Moved by Councillor D. Horchik
Seconded by Deputy Mayor J. Heath
That By-law
2009-151 be given three readings and enacted.
CARRIED
Moved
by Councillor A. Chiu
Seconded
by Councillor V. Burke
That the meeting do adjourn.
CARRIED
Council
adjourned at
___________________________________ _____________________________________
TOWN CLERK MAYOR
(Signed)