COUNCIL MINUTES
June
14 and 15, 2011
Council
Chamber, Anthony Roman Markham Civic Centre
Meeting
No. 11
Alternate
formats for this document are available upon request
ROLL
CALL
Mayor Frank
Scarpitti, Deputy Mayor Jack Heath, Regional Councillor Jim Jones, Regional
Councillor Gord Landon, Regional Councillor Joe Li, Councillor Valerie Burke,
Councillor Howard Shore, Councillor Don Hamilton, Councillor Carolina Moretti,
Councillor Colin Campbell, Councillor Alan Ho, Councillor Logan Kanapathi,
Councillor Alex Chiu.
STAFF
John Livey,
Chief Administrative Officer
Jim Baird,
Commissioner of Development Services
Brenda
Librecz, Commissioner of Community and Fire Services
Andy Taylor,
Commissioner of Corporate Services
Catherine
Conrad, Town Solicitor
Andrew Brouwer, Deputy Town
Clerk
Dennis Flaherty, Director, Communications & Community Relations
Joel Lustig, Treasurer
John Wong, Technology
Support Specialist
Alida Tari, Committee Coordinator
Ralph Capocci, Chief of Staff to the Mayor
The Regular Meeting of Council convened at 7:17 p.m. on June 14, 2011 in the Council Chamber, Civic Centre. Mayor Frank Scarpitti presided.
At 11:58 p.m., Council passed a motion to waive Section 3.28 of Procedural By-law 2001-1 allowing the meeting to continue further than 12:01 a.m. on June 15, 2011. The motion moved by Councillor Howard Shore and seconded by Councillor Don Hamilton was carried by two-thirds vote of the Members present.
Moved by
Councillor Alex Chiu
Seconded by Councillor
Carolina Moretti
That the Minutes of the Council Meeting held on May 31, 2011, be adopted.
CARRIED
Council consented to add presentation Item Nos. 1 and 2 and to re-number the order of the presentations.
Mayor Frank Scarpitti, on behalf of Members of Council, thanked Councillor Logan Kanapathi for his assistance with organizing the International India Film Academy (IIFA) neighbourhood event held at Middlefield Road on June 11, 2011.
Mayor Scarpitti noted the Markham International India Film Academy (IIFA) Buzz Events are being held at the Anthony Roman Markham Civic Centre on June 17 and 18, 2011. He also noted the event and along with other various events, coincides with celebration of the 20th Anniversary of the Anthony Roman Civic Centre building, designed by well known Canadian Architect Arthur Erickson.
Mayor Frank
Scarpitti, on behalf of Members of Council, extended congratulations to
Councillor Alex Chiu for receiving the 25-year Long-standing Service Award from the Honourable Rick Bartolucci, Minister of Municipal Affairs and
Housing of Ontario. The Awards are given to municipally-elected officials with at least 25
years of service and the program was introduced by the Ontario government in
2004.
Mayor
Scarpitti highlighted some of the many accomplishments of Councillor Alex
Chiu. Councillor Chiu served eight
consecutive terms of office, having been recently re-elected in October 2010 to
represent Ward 8 for the ninth time.
On behalf of Members of Council, Mayor Frank Scarpitti recognized and thanked representatives of the various community groups and charitable organizations that were in attendance, including Councillor Chiu’s wife Alicia and his family members.
Gail
Leet, President, Older Adults in Action/Markham Seniors Club, presented a cheque
in the amount of $26,900 to Council to be applied against the operating costs of
the Markham Seniors Centre.
Wilf
Shub, President, Thornhill Seniors Club, also presented a cheque in the amount
of $24,800 to Council to be applied against the operating costs of the
Thornhill Seniors Centre.
Mr.
Raj Sethi, Chair, Mayor’s Senior Hall of Fame Awards Committee, presented the
following awards:
Certificates
of Appreciation
Yash
Kapur
Judi
McIntyre
David
Rawcliff (Councillor Howard Shore received the award on his behalf)
Meritorious
Awards
Bill
Crothers
Hilda
Pearson
Hall
of Fame Award for 2010
Joanne
Olson (Councillor Carolina Moretti received the award on her behalf)
Mr.
Sethi thanked Members of Council and staff for a job well done in organizing
the event.
Council
recognized Mr. Vishvas Date for winning the Silver Medal at the Canadian
Masters Badminton Championships held in Stratford Ontario from April 10 to 16,
2011.
Mr.
Date represents the Angus Glen Masters Badminton Club which has been operating
under the Older Adults Program for the Town of Markham for the last 6 years.
Mr. Bruce
Ander, President and CEO, Markham District Energy Inc., provided background
information on the Markham District Energy Sustainability Bursary. The program has been established to help
cultivate and nurture future environmental leaders. The bursary encourages and rewards graduating
Markham high school students who have distinguished themselves through
environmental community service, extracurricular and volunteer activities, and
academic excellence; and who intend to study sciences related to the
environment at a Canadian post-secondary institution.
Celebrating its 10th Anniversary in 2011, the Markham District Energy Sustainability Bursary grants 14 awards of $1,000 each annually. Council extended congratulations and recognized the winners for 2011, including:
Schools |
Winners |
Father
Michael McGivney Catholic Academy |
Thulashini
Sooriyadas |
Saint
Brother Andre Catholic High School |
Alicia
Kassee |
St.
Augustine Catholic High School |
Kevin Wong |
Saint Robert Catholic High School |
Jessica Loo-Yong-Kee |
Bill Crothers Secondary School |
Alwin Wong |
Bur Oak Secondary School |
Deepiga Vigneswaran |
Markham District High School |
Clarence Wong |
Markville Secondary School |
Anthony Yuen |
Middlefield Collegiate Institute |
Abby Selliah |
Milliken Mills
High School |
Geoffrey Chung |
Pierre Elliott Trudeau High School |
Sivani Baskaran |
Thornhill Secondary School |
Steven Sherman |
Thornlea Secondary School |
Alva Fong |
Unionville High School |
Shevon Comeau |
Council
recognized the Waterworks staff for their outstanding efforts that resulted in
the Town of Markham receiving the “2011 Municipal and Utility Achievement
Award”. On behalf of the Waterworks
Department, Mr. Ernie Ting, Manager of Infrastructure, provided further
information regarding the award.
The award recognizes the Town of Markham’s support, contribution, and leadership in trenchless technology for the past 20 years.
Council received the following delegations expressing their concerns and objections regarding the industrial activities of ConStrada Aggregate Recycling Facility at 350 Yorktech Drive:
- James Chang
- Enoch Mo
- Edward Mak
(On behalf of the residents and businesses of: Circa YRSCC 1067+1183, Eko YRSCC 1128+1138, Majestic Court YRSCC 1166 and First Markham Centre YRSCC 1100)
(See Petition Item No. 1) (Communication No.
50-2011)
Reid Sutherland addressed Council requesting that the Town of Markham send a letter to the York Region District School Board to support the inclusion of a running track in the new Markham District High School.
(See New/Other Business Item No. 1 for Council’s decision)
(Although the matter regarding running track at Markham District High
School was not on the agenda, Council consented to hear the delegation of Reid
Sutherland)
Moved by Councillor
Alan Ho
Seconded by
Councillor Alex Chiu
1) That
the memorandum dated June 14, 2011 from the Commissioner of Development
Services regarding ConStrada Recycling Facility at 350 Yorktech Drive be
received; and
2) That
the delegations from Mr. James Chang, Mr. Enoch Mo and Mr. Edward Mak be
received; and,
3) That the petition signed by residents and businesses concerned about the industrial activities of ConStrada Aggregate Recycling Facility at 350 Yorktech Drive be received; and further,
4) That staff provide an update report at
the June 28, 2011 Development Services Committee meeting regarding the
temporary zoning by-law amendment application by Gemcross Developments
(Constrada Aggregate Recycling Facility) to permit the existing aggregate
recycling facility at 350 Rodick Road for an additional three years, including
legal advice on the same.
(Delegation Item No. 1) (Communication No. 50-2011)
CARRIED
Council consented to not consider the following proposed resolution regarding the ConStrada Recycling Facility at 350 Yorktech Drive:
“That the petition signed by approximately 697 residents and businesses concerned about the industrial activities of ConStrada Aggregate Recycling Facility at 350 Yorktech Drive be received and referred to the Commissioner of Development Services.”
Moved by Councillor
Carolina Moretti
Seconded by Regional
Councillor Gord Landon
That Report No. 38 – General Committee comprised 5 items be received and adopted.
1) That the staff report and presentation titled The Greenprint, Markham’s Sustainability Plan, Final Report dated June 13, 2011, be received; and,
2) That Council approve the Greenprint, Markham’s Sustainability Plan, as attached; and,
3) That the Sustainability Office continue
to work with Council, staff and the community to implement the recommendations
and report progress quarterly to Council while also incorporating the
Greenprint into annual business planning and capital and operating budget
processes; and,
4) That the implementation of the
Greenprint be coordinated through the Environmental Issues Committee; and,
5) That the Sustainability Office report
back regularly on progress on implementation; and,
6) That the correspondence from Mr. Ryan
Friedman be received; and further,
7) That Staff be authorized and directed to do all things necessary to give effect to this resolution.
CARRIED
1) That
the Minutes of the April 6, 2011 The Friends of the Markham Museum Foundation
Board be received for information purposes; and,
2) That
the recommendation from the April 6, 2011 minutes be endorsed:
“That Cathy
Molloy, Director of Markham Museum, be given signing authority for cheque
requisitions issued by the Friends of the Markham Museum Foundation.”
CARRIED
1) That the resignation from Patrick Carr from the Varley-McKay Art Foundation of Markham be received with regret and that a letter of appreciation be forwarded by Mayor Frank Scarpitti.
CARRIED
1) That the report entitled “Kennedy Mackenzie Consix Investments Limited Proposed Plan of Subdivision 19TM-95050, Phase 3 – Release of Agreements from Title” be received; and,
2) That the Mayor and Clerk be authorized to execute the necessary Release of Agreements to be registered on title to that Part of Lot 19, Concession 6, designated as Parts 1, 2 ,3 & 4, Plan 65R-28314, said Release to be in the form and content satisfactory to the Town Solicitor; and,
3) That the Chief Administrative Officer be delegated authority to execute releases of agreements registered on title that have either expired or are no longer applicable, all in a form satisfactory to the Town Solicitor; and further,
4) That Staff be authorized and directed to do all things necessary to give effect to this resolution.
CARRIED
1) That the report entitled “067-S-11 Supply of a Pumper Truck and Aerial Apparatus” be received; and,
2) That the supply of a Pumper Truck be awarded to Safetek Emergency Vehicles in the amount of $561,613.44 in US dollars ($550,601.41 in CDN dollars) inclusive of HST; and,
3) That the supply of an Aerial Chassis and Apparatus be awarded to Safetek Emergency Vehicles in the amount of $917,730.00 in US dollars ($882,143.30 in CDN dollars) inclusive of HST; and,
4) That authority to approve the expenditure to equip the Pumper Truck and the Aerial Chassis and Apparatus in the amount of $26,000.00 be provided to the Director, Operations or his designate as per the limits in accordance to the Expenditure Control Policy; and,
5) That the funds for the awards be provided from account 057-6150-11245-005 “Corporate Fleet Replacement” in the amount of $1,412,282.00; and,
6) That the shortfall in the amount of $46,462.27 be funded from the Life Cycle Replacement and Capital Reserve account; and,
7) That the tender process be waived in accordance with Purchasing By-law 2004-341, Part II, Section 7 Non Competitive Procurement, item 1 (e) which states “Where the Town is acquiring specialized equipment, in which case the sources of supply may be identified based on technical specifications prepared by the User Department staff. The Manager of Purchasing may negotiate purchases based on such specifications in consultation with the User Department;” and,
8) That vehicles 9841 (1995 model year) and 9853 (1990 model year) will be sold in accordance with Purchasing By-law 2004-341, Part V, Disposal of Personal Property and proceeds be posted to account 890 890 9305 upon delivery of new Pumper Truck and Aerial Apparatus; and further,
9) That Staff be authorized and directed to do all things necessary to give effect to this resolution.
CARRIED
Moved by Regional
Councillor Jim Jones
Seconded by Councillor
Don Hamilton
That Report No. 39 – Development Services Committee comprised of 1 item be received and adopted.
1) That the staff report entitled “Heritage Community Recognition Award Nominations, Ontario Heritage Trust”, dated June 14, 2011, be received; and,
2) That Council nominate the following individuals for the Ontario Heritage Trust’s Heritage Community Recognition Program:
a. Peter Ross, Cultural Heritage
b. Tupper Wheatley, Natural Heritage; and,
3) That this resolution be referred to the Council meeting on this date to allow staff the time needed to prepare the nomination package and submit prior to the June 30, 2011 nomination deadline; and further,
4) That Staff be authorized and directed to do all things necessary to give effect to this resolution.
CARRIED
There were no motions considered by Council.
There were no notices of motions considered by Council.
Moved by Regional
Councillor Gord Landon
Seconded by
Councillor Alex Chiu
That Council
receive and consent to the disposition of communications in the following
manner:
- Forwarding a request for the Town of Markham to designate their Annual Greek Festival being held on July 15-17, 22-24 and 29-31, 2011 at 11359 Warden Avenue as a “Community Festival”. The designation is a requirement of the Alcohol and Gaming Commission of Ontario (AGCO) for the application of Special Occasion Liquor Permit. (Ward 6) (3.21)
CARRIED
- Forwarding a request for the Town of Markham to designate their Annual Cultural Food, Dance and Music Festival being held on September 9 to 11, 2011 at 201 Main Street Markham as a “Community Festival”. The designation is a requirement of the Alcohol and Gaming Commission of Ontario (AGCO) for the application of Special Occasion Liquor Permit. (Ward 5) (3.21)
CARRIED
- Forwarding a request for the Town of Markham to completed the
Municipal Information Form (New restaurant and new liquor licence application)
(Ward 6) (3.21)
CARRIED
– Forwarding a request to close Town Centre Boulevard north from Cox Boulevard to south on Apple Creek Boulevard on June 18, 2011 from 10:00 a.m. to 11:00 p.m. (3.5)
CARRIED
- Memorandum dated June 14, 2011 from the Commissioner of Development Services providing background information on this matter. Memo
(Delegation Item 1
(Council consented to add Communication No. 50-2011 and to receive it – See Petition Item No. 1)
CARRIED
Moved by
Councillor Alex Chiu
Seconded by Regional
Councillor Gord Landon
1) That
the following proclamation issued by the Town Clerk in accordance with the Town
of Markham Proclamation Policy be received for information purposes:
- Ontario Family Fishing Week (July 2 to 10, 2011).
CARRIED
Moved by Mayor
Frank Scarpitti
Seconded by Councillor
Carolina Moretti
Whereas Ontario is
home to more than 1,350,000 Italian Canadians; and,
Whereas the Italian
Canadian community, through its vibrancy, has made and continues to make
significant contributions to the Town of Markham; and,
Whereas Italian
Canadians, through hard work, determination, caring, compassion and
faith, have contributed to many facets of Canadian life and the building
of our nation, including the areas of business, civil service, the arts,
research and innovation, education, health sciences, and philanthropy; and,
Whereas the Province of Ontario proclaimed the month of June Italian Heritage Month; and,
Whereas the Town of
Markham will celebrate Italian Heritage Month at the Anthony Roman Markham
Civic Centre through a flag raising ceremony;
Now therefore be it
resolved:
1) That June 2011
be proclaimed as Italian Heritage Month in the Town of Markham, and,
2) That a ceremony be held at the Anthony
Roman Markham Civic Centre with the attendance of Mayor Frank Scarpitti and
Members of Council to raise the flag of the Republic of Italy.
CARRIED
__________________________________
Mayor Frank Scarpitti vacated the Chair and Deputy Mayor Jack Heath assumed the Chair during the consideration of the Italian Heritage Month to allow the Mayor an opportunity to participate in the discussion of the matter.
__________________________________
Moved by
Councillor Colin Campbell
Seconded by
Councillor Carolina Moretti
Whereas sports
have always been an integral part of the culture of Markham District High
School; and
Whereas the
running track has historically been used by the school’s teams and classes; and
Whereas the
track has also been used by the Markham community, including sports clubs,
local public schools and individuals; and
Whereas there
are numerous access problems inherent in requiring Markham District High School
students to use another school’s track, including those related to scheduling,
supervision and transportation; and
Whereas it is
widely recognized that active living is an important component of a healthy
lifestyle;
Therefore Be
It Resolved:
1) That
the delegation from Mr. Reid Sutherland be received; and,
2) That
a letter be immediately prepared and sent to the York Region District School
Board stating that Markham Council strongly urges the board to reconsider the
exclusion of a running track from the new Markham District High School; and,
3) That
the matter be discussed at the upcoming Council/School Board Liason Committee;
and further,
4) That
this resolution be forwarded to the Chair of the Board; the Director of Education
and the four area York Region School Board Trustees.
CARRIED UNANIMOUSLY
(See following to bring forward the motion)
(See following to introduce the motion)
Moved by Councillor Carolina Moretti
Seconded by Regional Councillor Gord Landon
That Council consider the motion regarding the Markham District High School running track immediately following the delegation with respect thereto.
CARRIED
Moved by Councillor Colin Campbell
Seconded by Councillor Carolina Moretti
Council introduce and consider the motion regarding the Markham District High School running track.
CARRIED
(2/3 Vote was
requested & obtained)
Moved by
Councillor Alex Chiu
Seconded by Councillor
Colin Campbell
That By-laws
2011-126 to 2011-130 be given three readings and enacted.
CARRIED
- A by-law to amend By-law 177-96, as amended, to add a medical office as a permitted use. (Item No. 1, Report No. 34, 2011)
CARRIED
- A by-law to adopt Official Plan Amendment No. 193 to allow the development of a new building containing industrial, commercial and retails uses.
(Item No. 1, Report No. 50, 2010)
CARRIED
- A by-law to amend By-law 1229, as amended, to allow the development of a new building containing industrial, commercial and retails uses.
(Item No. 1, Report No. 50, 2010)
CARRIED
- A by-law to amend By-law 177-96, as amended, to permit the lands to be developed with two (2) high density mixed use apartment buildings, townhouses, and the Albert Wideman Heritage House.
(Item No. 2, Report No. 26, 2010)
CARRIED
Moved by Regional
Councillor Gord Landon
Seconded by Councillor
Howard Shore
That, in accordance with Section 239 of the Municipal Act, Council resolve into an in-camera session to discuss the following matters (11:21 p.m.):
(1) MINUTES OF IN-CAMERA COUNCIL MEETING - MAY 31, 2011
(2) BOARD AND COMMITTEE APPOINTMENTS (16.24)
(3) PAN AM GAMES (6.0)
CARRIED
Moved by Councillor
Don Hamilton
Seconded by Councillor
Howard Shore
That Council rise from the in-camera session and re-convene the regular session to pass a motion to allow for the continuation of the meeting further than 12:01 a.m. on June 15, 2011. (11:57 p.m.)
CARRIED
Moved by Councillor
Howard Shore
Seconded by Councillor
Don Hamilton
That Council waive Section 3.28 of Procedural By-law 2001-1 allowing the meeting to continue further than 12:01 a.m. on June 15, 2011. (11:58 p.m.)
CARRIED
(2/3 Vote was
requested & obtained)
Moved by Councillor
Carolina Moretti
Seconded by Councillor
Howard Shore
That Council continue the in-camera session. (11:59 p.m.):
CARRIED
Moved by Councillor
Colin Campbell
Seconded by Councillor
Don Hamilton
That Council rise from the in-camera session and report. (12:07 a.m. on June 15, 2011)
CARRIED
Moved by Deputy
Mayor Jack Heath
Seconded by Councillor
Alan Ho
1) That the minutes of the in-camera Council meeting held on May 31, 2011, be confirmed.
CARRIED
Moved by Deputy
Mayor Jack Heath
Seconded by Councillor
Alan Ho
1) That the following persons be appointed to the Property Standards Committee for a term ending November 30, 2014:
Chip Au
Ken Murphy
Pino Tiberio
Ernesto Imbrogno
Michael Visconti
CARRIED
Moved by Deputy
Mayor Jack Heath
Seconded by Regional
Councillor Jim Jones
1) That the verbal update regarding the Pan Am Games be received.
CARRIED
Moved by
Councillor Alex Chiu
Seconded by Councillor
Logan Kanapathi
That By-law 2011-131
be given three readings and enacted.
- To confirm the proceedings of the Council meeting of June 14 and 15, 2011.
(Council Meeting No. 11, 2011)
CARRIED
Seconded by Councillor Valerie Burke
That the meeting do adjourn.
CARRIED
Council adjourned at 12:09 a.m. on June 15, 2011.
_________________________________ _____________________________
ANDREW BROUWER FRANK
SCARPITTI
DEPUTY TOWN CLERK MAYOR
(Signed)