COUNCIL MINUTES Council Chamber, Civic Centre
Meeting No. 4
Alternate
formats for this document are available upon request
ROLL
CALL
Mayor F. Scarpitti, Deputy Mayor J. Heath, Regional Councillor J. Jones, Regional Councillor J. Virgilio, Councillor V. Burke, Councillor E. Shapero, Councillor D. Hamilton, Councillor J. Webster, Councillor D. Horchik, Councillor L. Kanapathi. (10)
REGRETS
Regional Councillor G. Landon, Councillor C. Moretti, Councillor A. Chiu. (3)
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
C. Conrad, Town Solicitor
J. Lustig, Treasurer
A. Brouwer, Deputy Clerk
J. Wong, Technology Support
Specialist
D. Flaherty, Acting Director, Communications & Community Relations
R. Capocci, Chief of Staff
A. Tari, Committee Clerk
P. Wealleans, Director of Taxation
The Regular
Meeting of Council was held on
1. DISCLOSURE OF PECUNIARY INTEREST
(1) None declared.
2. MINUTES
(1) COUNCIL MINUTES - FEBRUARY 23, 2010
Moved by Regional Councillor J. Virgilio
Seconded by Regional Councillor J. Jones
That the
Minutes of the Council Meeting held on
CARRIED
3. PRESENTATIONS
Council consented to add Presentation (1).
(1) CREATION
OF NEW RESIDENTIAL
CONDOMINIUM PROPERTY CLASSES
- STAFF PRESENTATION (7.0)
Mr. Paul Wealleans, Director of Taxation provided a brief presentation regarding the creation of new residential condominium property classes, summarizing his report presented at the February 22, 2010 General Committee meeting. (Item No. 3, Report No. 9).
4. DELEGATIONS
Council consented to add Presentation Nos. (1) to (3).
(1) Mark Kaminski addressed Council and spoke in opposition to the recommendation regarding the creation of new residential condominium property classes. (7.0)
(Item
No. 3, Report No. 9,
(2) Adrian Schollen, Markham Association of Town Home Condominium Owners (MATCO), addressed Council and spoke in support of the recommendation regarding the creation of new residential condominium property classes. (7.0)
(Item
No. 3, Report No. 9,
(3) Ernie Nyitrai, Walden Pond II, addressed Council and spoke in support of the recommendation regarding the creation of new residential condominium property classes. (7.0)
(Item
No. 3, Report No. 9,
5. PETITIONS
There were no petitions considered by Council.
6(a) REPORT NO. 9 - GENERAL COMMITTEE (February 22, 2010 )
Council consented to separate Item No. 3.
Moved by Regional Councillor J. Virgilio
Seconded by Regional Councillor J. Jones
That Report No. 9 - General Committee comprised of 4 items be received and adopted.
(See following
Item No. 3)
(1) STIVER MILL FARMERS MARKETS’
MARKET POST-SEASON REVIEW (5.7)
1) That the staff report titled Stiver Mill Farmers’ Market post-season review, dated February 22, 2010, be received; and,
2) That permission be granted to the Unionville Village Conservancy (UVC) by way of an agreement/permit to use Town of Markham property at the Stiver Mill on Station Lane in Unionville on Sundays from 10 am to 3 pm from June to Thanksgiving 2010, in a form satisfactory to the Chief Administrative Officer and the Town Solicitor; and,
3) That the Mayor and Clerk be authorized to sign the agreement/permit with the UVC; and,
4) That
the Asset Management Department be directed to proceed in constructing a
privacy fence on the north side of the Stiver Mill Farmers’ Market property as
soon as possible, prior to the season opening of the market, with the Town
being responsible for 50% of the cost; and,
5) That
staff report back to General Committee on a cost estimate for fencing the
entire Stiver Mill Farmers’ Market property; and
6) That
staff work with the UVC, the Markham Village BIA and other stakeholders to
promote
7) That staff be authorized and directed to do all things necessary to give effect to this resolution.
CARRIED
(2) APPOINTMENTS, RESIGNATIONS -
ADVISORY COMMITTEES AND BOARDS (16.24)
1) That the resignation of Mr. Don Poscente from the Heintzman House Community Centre Board be accepted with regret, and a letter of appreciation be forwarded; and,
2) That
the resignations of Ms. Helen Mack, and Joyce Chau from the Markham
Environmental Advisory Committee be received with regret, and letters of
appreciation be forwarded; and,
3) That
the resignation of Ms. Susan Wong from the Animal Care Committee be
received with regret, and a letter of appreciation be forwarded; and further,
4) That
all the vacancies be filled.
CARRIED
(3) CREATION OF NEW RESIDENTIAL
CONDOMINIUM PROPERTY CLASSES (7.0)
1) That the report “Creation of New Residential Condominium Property Classes” be received; and,
2) That the Condominium Working Group recommends to Council that it support the creation of new property classes for residential condominium townhomes and residential condominium apartments in Ontario; and,
3) That the Province of Ontario be requested to amend legislation and any necessary regulation(s) to create a new property class for residential townhome condominiums and a new property class for residential apartment condominiums; and,
4) That
letters regarding this request be sent to the Premier of Ontario, the Minister
of Finance, the Minister of Municipal Affairs, the Minister of Energy and
Infrastructure, the
Canadian Condominium Institute (CCI), the Association
of Municipalities of Ontario (AMO), the Federation of Canadian Municipalities
(FCM), other Greater Toronto Area municipalities and any other appropriate
organization; and further;
5) 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)
Council consented to include the following to Resolution No. 4):
"…the
Association of Municipalities of Ontario (AMO), the Federation of Canadian
Municipalities (FCM), other Greater Toronto Area municipalities…"
YEAS: Mayor F. Scarpitti, Deputy Mayor J. Heath, Regional Councillor J. Jones, Regional Councillor J. Virgilio, Councillor V. Burke, Councillor E. Shapero, Councillor D. Hamilton, Councillor J. Webster, Councillor D. Horchik, Councillor L. Kanapathi.
ABSENT: Regional Councillor G. Landon, Councillor C. Moretti, Councillor A. Chiu.
(4) 2009 YEAR END OF OPERATIONS (7.4)
1) That the presentation by Mr. Joel Lustig, Treasurer, entitled “2009 Year End of Operations” be received.
2) That
the report dated
3) That
the final 2009 operating variances for the Town of
CARRIED
6(b) REPORT NO. 10 - GENERAL COMMITTEE (March 1, 2010 )
Moved by Regional Councillor J. Virgilio
Seconded by Councillor D. Hamilton
That Report No. 10 - General Committee comprised of 3 items be received and adopted.
(1) 2010 CELEBRATE MARKHAM
ALLOCATION GRANTS SUB -COMMITTEE
(7.6)
1) That
the
2) That
the report entitled “2010 Celebrate Markham Grants Allocation by the
3) That
the
4) That Staff be authorized and directed to do all things necessary to give effect to this resolution.
CARRIED
(2) WASTE
MANAGEMENT FEE INCREASE (5.1)
1) That the report entitled “Waste Management Fee Increase” be received; and,
2) That By-law 2002-276, a By-law to impose fees and charges for services or activities provided or done by the Town of Markham, be amended to reflect the new Waste Management fees; and,
3) That the increases in the Waste
Management fees be effective
4) That notice to the public be provided in accordance with the Procedural By-law 2001-1; and further,
5) That Staff be authorized and directed to do all things necessary to give effect to this resolution.
CARRIED
(3) ANNUAL WATER QUALITY REPORT
(JANUARY – DECEMBER 2009)
(5.3)
1) That the report titled “Annual Water Quality Report (January-December 2009)” as required by Schedule 22 of Ontario Regulation 170/03 enclosed herein be received; and,
2) That the Annual 2009 Regulatory Water Quality Report (Attachment “A”), contains information for the Ministry of the Environment (MOE) on water supply and quality as required by Section 11 of Ontario Regulation 170/03, be received; and,
3) That Council directs staff to post the Annual 2009 Detailed Regulatory Water Quality Report on the Town’s website and that it be made available and provided to residents upon request in hard copy version on or before February 28, 2010; and further,
4) That Staff be authorized and directed to do all things necessary to give effect to this resolution.
CARRIED
6(c) REPORT NO. 11 - DEVELOPMENT SERVICES
COMMITTEE (March
2, 2010 )
Moved by Councillor J. Webster
Seconded by Councillor D. Horchik
That Report No. 11 - Development Services Committee comprised of 2 items be received and adopted.
(1) CONTINUATION
OF INTERPRETIVE PLAQUE PROGRAM
FOR HERITAGE CONSERVATION DISTRICT PROPERTIES (16.11)
1) That
the report titled “Continuation of Interpretive Plaque Program for
2) That
Council adopt the policy document “Guidelines for Interpretive Plaques for
Properties of Cultural
3) That
Council allocate up to $6,000 from the
4) That Council approve a grant of $900 (of the $6,000 allocation) to the Markham Village Conservancy to complete the Peter Street plaque initiative for 6 remaining properties; and,
5) That future funding of the program be brought forward through the capital budget process; and,
6) That
the Town of
7) That Staff be authorized and directed to do all things necessary to give effect to this resolution.
CARRIED
(2) PROPOSED
ON-STREET PARKING ON THE
WEST SIDE OF SOUTH TOWN CENTRE
BOULEVARD ,
MARKHAM
1) That the report entitled “Proposed On-Street Parking on the
west side of South Town Centre Boulevard in Markham Centre”, be received; and,
2) That Schedule “C” of Parking Control By-Law 2005-188, be
amended to prohibit parking on the west side of South Town Centre Boulevard,
between a point 100 metres south of Highway 7 to a point 45 metres north of
Clegg Road, during the hours of 7:00am to 10:00am, and from 4:00pm to 6:00pm;
and,
3) That Schedule “L” of Traffic By-Law 2005-188, be amended to
permit on-street paid parking on the west side of South Town Centre Boulevard,
between a point 100 metres south of Highway 7 to a point 45 metres north of
Clegg Road, during the hours of 10:00am to 4:00pm and from 6:00pm to 9:00pm,
with the parking rate and time stay period established by the Parking Advisory
Committee of $1.00 per hour with a 3 hour maximum time stay; and,
4) That
the
5) That the
6) That
the Parking Control Department be directed to include this new paid parking
location in the current pay and display parking meter maintenance contract the
Town has with Precise Parklink Inc. and to enforce paid parking upon the
amendment of the Parking Control By-Law, the installation of the pay and
display parking meter and associated regulatory signs; and further,
7) That staff be authorized and directed to do all things necessary to give effect to this resolution.
(By-law 2010-22)
CARRIED
7. MOTIONS
There were no motions considered by Council.
8. NOTICES OF MOTIONS
There were no notices of motions considered by Council.
9. COMMUNICATIONS
Council consented to add Communication No. 12-2010.
Moved by Councillor L. Kanapathi
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
10-2010 Markham
Stouffville Hospital Legacy 5 km Run/Walk - Forwarding a request to temporarily
close various roads on April 25, 2010 to facilitate the run/walk as follows:
- Close from
- Start:
- North of
- Follow Country Glen
North Road to Morning
- East on Morning
- South on
- West on
- South on
- About 400 m south on
- West on
- End at North on Country Glen to finish (
(3.5) Info
11-2010 Liquor Licence
Application - Forwarding a request to complete the Alcohol and Gaming
Commission Municipal Information Form for Spicy or Not, 6001
14th Avenue
12-2010 Commissioner of Development Services -
Providing an update with respect to the proposed Hold Removal By-law for Jade-Kennedy Development Corporation, east side of
Kennedy Road between Castan Avenue and South Unionville Avenue. (10.5)
(By-law 2010-27) Memo
CARRIED
10. PROCLAMATIONS
Council consented to add Proclamation (1).
Moved by Councillor V. Burke
Seconded by Councillor E. Shapero
That Proclamation (1) be received and adopted.
(1) PROCLAMATION (3.4)
1) That
March 2010 be proclaimed as "Red Cross Month" in the Town of
2) That the Red Cross flag be raised at the
Anthony Roman
3) That
the Communications and Community Relations Department be requested to publish
the proclamation in the local newspapers.
CARRIED
11. NEW/OTHER BUSINESSES
Council consented to add New/Other Business (1).
(1) 2010 WINTER OLYMPICS (12.2.6)
That a message of appreciation and acknowledgement from the Council of The Corporation of the Town of Markham be sent to the municipalities in the Lower Mainland of Vancouver in recognition of their efforts in organizing the 2010 Winter Olympics.
CARRIED
(2/3 Vote was
requested & obtained)
Moved by Deputy Mayor J. Heath
Seconded by Regional Councillor J. Jones
That Other Business (1) regarding the 2010 Winter Olympics be adopted.
CARRIED
12. BY-LAWS
Council consented to add By-law 2010-27.
Moved by Councillor D. Horchik
Seconded by Councillor E. Shapero
That By-laws 2010-22
to 2010-25 and By-law 2010-27 be given three readings and enacted.
Three Readings
BY-LAW 2010-22 A by-law to amend Parking By-law 2005-188 (On-street parking on
the west side of South Town Centre Boulevard
(Item No. 2, Report No. 11)
BY-LAW 2010-23 A by-law to amend Municipal Law Enforcement Officers Appointment By-law 2002-178 and Parking By-law 2005-188 (Update the list for Enforcement Officers, Parking Enforcement Agencies and Tagging Locations).
BY-LAW 2010-24 A by-law to designate a property as being of Historic and/or
Architectural Value or Interest (The Stiver Tenant House, 9719 to 9721 Kennedy Road
(Item No. 4, Report No. 48, 2001)
BY-LAW 2010-25 A by-law to designate a property as being of Historic and/or
Architectural Value or Interest (The Nichols Farmhouse & Louis Nichols
House, 10519 and 10521 Woodbine Avenue
(Item No. 1, Report No. 73, 2009)
BY-LAW 2010-27 A by-law to amend By-law 177-96, as amended (Jade-Kennedy Development Corporation, east side of Kennedy Road Castan Avenue South Unionville Avenue
(Communication No. 12-2010)
CARRIED
13. IN-CAMERA ITEMS
Council considered In-Camera Items (1) to (3) during the regular session of the meeting and did not resolve into in-camera session.
Moved by Regional Councillor J. Virgilio
Seconded by Regional Councillor J. Jones
That In-Camera Item Nos. (1) to (3) be received and adopted.
REPORT
OF GENERAL COMMITTEE -
(1) PROPERTIES
READY FOR TAX SALE
1) That the report entitled “Properties Ready For Tax Sale”, be received; and,
2) That staff be authorized to proceed as directed by Council.
CARRIED
REPORT
OF GENERAL COMMITTEE -
(2) VARLEY
ART GALLERY
– PRIME CONSULTANT CONTRACT CHANGE (8.0)
1) That the report titled “Varley Art Gallery Expansion – Prime Consultant Contract Change” was received; and,
2) That Staff be authorized and directed to take the actions set out in the report.
CARRIED
REPORT
OF DEVELOPMENT SERVICES COMMITTEE -
(3) HIGHWAY 7 SANITARY
SEWER PROJECT:
PROPOSED AGREEMENTS WITH PD 1-7
DEVELOPERS TO ACQUIRE LANDS FROM THE
ONTARIO REALTY CORPORATION (5.5)
1) That the report entitled “Highway 7 Sanitary Sewer Project: Proposed Agreements with PD 1-7 Developers to acquire lands from the Ontario Realty Corporation” be received; and,
2) That staff be directed to do all things necessary to give effect to this report, including the execution of document.
CARRIED
14. CONFIRMATORY BY-LAW
Moved by Councillor L. Kanapathi
Seconded by Councillor V. Burke
That By-law 2010-26
be given three readings and enacted.
Three Readings
BY-LAW 2010-26 A by-law to confirm the proceedings of the Council meeting of March 9, 2010 .
(Council Meeting No. 4, 2010)
CARRIED
15. ADJOURNMENT
Moved
by Councillor L. Kanapathi
Seconded by Councillor D. Hamilton
That the meeting do adjourn.
CARRIED
Council
adjourned at
___________________________________ _____________________________________
ANDREW BROUWER FRANK SCARPITTI
DEPUTY TOWN CLERK MAYOR
(Signed)