February 24,
2009
COUNCIL MINUTES Council Chamber, Civic Centre
Meeting No. 3
ROLL
CALL
Mayor F. Scarpitti, Deputy Mayor J. Heath, Regional Councillor J. Jones, Regional Councillor T. Wong (7:13 p.m.), Regional Councillor G. Landon, Councillor V. Burke, Councillor J. Virgilio (7:13 p.m.), Councillor C. Moretti, Councillor J. Webster, Councillor D. Horchik, Councillor L. Kanapathi, Councillor A. Chiu.
REGRETS
Councillor E. Shapero.
STAFF
J. Livey, Chief Administrative Officer
J. Baird, Commissioner of Development Services
A. Taylor, Commissioner of Corporate 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
R. Hutcheson, Manager, Heritage Planning
G. Duncan, Senior Planner
P. Wokral, Planner
The Regular
Meeting of Council was held on February 24, 2009 at 7:07 p.m. in
1. DISCLOSURE OF PECUNIARY INTEREST
None declared.
2. MINUTES
(1) COUNCIL MINUTES - FEBRUARY 10, 2009
Moved by Councillor A. Chiu
Seconded by Councillor L. Kanapathi
That the Minutes of the Council Meeting held on February 10, 2009, be adopted.
CARRIED
3. PRESENTATIONS
(1) RECOGNITION
OF NIGEL CONNELL
- ONTARIO HERITAGE TRUST 2008
HERITAGE COMMUNITY
RECOGNITION PROGRAM AWARD (12.2.6)
Council recognized Nigel Connell for receiving the Ontario Heritage Trust 2008 Heritage Community Recognition Program Award. Mr. Connell has made a significant contribution to the promotion, preservation and protection of Ontario's heritage.
(2) 2008
ONTARIO HERITAGE TRUST LIEUTENANT
GOVERNOR'S ONTARIO HERITAGE
AWARD FOR
COMMUNITY LEADERSHIP (12.2.6)
Mayor F. Scarpitti presented
the 2008 Ontario Heritage Trust Lieutenant Governor's Ontario Heritage Award for
Community Leadership to Council. On February 20,
the Honourable David C. Onley, Lieutenant Governor of Ontario, presented the
award to Mayor Scarpitti at a Queen’s Park awards ceremony.
The award recognizes communities for exemplary
leadership in heritage conservation and promotion. The Town of Markham is one of only four
communities to receive this new award, earning top place in the “population
over 125,000” category.
Mayor
Scarpitti thanked various members of groups associated with heritage projects
and areas in the community and staff, including Regan Hutcheson, George Duncan,
Peter Wokral and Michael Seaman (former employee). He also acknowledged Mrs. Marion Matthias for
her effort in nominating the Town of Markham for the first Prince of Wales Prize
for stewardship of the built heritage awarded by the Heritage Canada Foundation
in 2000.
4. DELEGATIONS
There were no delegations.
5. PETITIONS
There were no petitions.
6(a) REPORT NO. 10 - GENERAL COMMITTEE (February 9, 2009)
Moved by Regional Councillor G. Landon
Seconded by Councillor J. Virgilio
That Report No. 10 - General Committee comprised of 1 item be received and adopted.
(1) UNITED
NATIONS EDUCATION
SCIENTIFIC AND CULTURAL
ORGANIZATION (UNESCO)
– COALITION OF MUNICIPALITIES
AGAINST RACISM AND DISCRIMINATION (11.7)
1) That the presentation “UNESCO-CMARD” be received; and,
2) That
the Town of
3) That the strategic priority of Diversity as set forth by Council be recognized as the Town’s response to CMARD; and,
4) That the Town agrees to act as a “thought leader” by sharing outcomes and best practices in the area with other organizations including York Region; and,
5) That the Town’s actions and activities related to its membership in CMARD be communicated through the Town’s internet site; and further,
6) That
staff be authorized and directed to all things necessary to give effect to this
resolution.
CARRIED
6(b) REPORT NO. 11 - DEVELOPMENT SERVICES
COMMITTEE
(February 17, 2009)
Moved by Councillor J. Webster
Seconded by Regional Councillor T. Wong
That Report No. 11 - Development Services Committee comprised of 2
items be received and adopted.
(1) YONGE STREET
CORRIDOR - STREETSCAPING
(FILE MI 526) (10.0)
1) That the Development Services Commission Report entitled “Yonge Street Corridor – Streetscaping”, dated February 17, 2009, be received; and,
2) That Council approve the following resolution addressing streetscaping on Yonge Street:
"a) Whereas the Region of York has identified the Yonge Street corridor as a high priority for investment in high-order transit; and,
b) Whereas the cost-effectiveness of public transit depends on high levels of transit ridership, and ridership levels depend on an urban environment which is attractive, pedestrian-friendly and complementary to the transit service in terms of densities, built form, roadway design and streetscaping; and,
c) Whereas the detailed design of Yonge Street transit facilities is expected to begin early in 2009; and,
d) Whereas reconstruction of a significant part of the Yonge Street right of way will provide an opportunity to incorporate streetscape improvements during construction of the transit facilities; and,
e) Whereas a comprehensive and detailed streetscape study for the Yonge Street Corridor is required to present the desired vision for the corridor and to coordinate and direct streetscape improvement projects; and,
f) Whereas the Region of York has the authority to coordinate and implement a comprehensive streetscape improvement program for the Yonge Street corridor; and therefore be it resolved,
g) That the Council of the Town of Markham requests that the Region of York commit funding in 2009 to a comprehensive and detailed streetscape study (including an implementation and funding strategy) for the Yonge Street corridor north of Steeles Avenue, and expedite initiation of the study to ensure its completion and implementation in coordination with the construction of subway-related works, in consultation with the Town of Markham, City of Vaughan and Town of Richmond Hill."; and,
3) That the resolution be forwarded to York Region, the City of Vaughan, and 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
(2) ROUGE PARK
IMPLEMENTATION
TASK FORCE REPORT - STAFF
COMMENTS (10.0)
Whereas the Rouge Park Implementation Task Force report dated November 25, 2008 was received by Council on December 16, 2008; and,
Whereas Council authorized the circulation of the Task Force report, and invited comments from agencies, boards, adjacent municipalities and the Provincial and Federal Governments; and,
Whereas Council also requested Town staff to provide comments on the Rouge Park Implementation Task Force Final Report; and,
Therefore be it resolved;
1) That the staff report entitled “Rouge Park Implementation Task Force Report – Staff Comments” dated February 17, 2009 be received; and,
2) That the Town staff comments, along with comments to be received from other agencies, boards, adjacent municipalities and the Provincial and Federal Governments, be considered by Council at a future workshop to discuss comments received, and next steps in dealing with the Rouge Park Alliance and other stakeholders, including provision for obtaining public input; and further,
3) That staff be authorized and directed to do all things necessary to give effect to this resolution.
CARRIED
6(c) REPORT NO. 12 - DEVELOPMENT SERVICES PUBLIC MEETING
(February 17, 2009)
Moved by Councillor J. Webster
Seconded by Councillor D. Horchik
That Report No. 12 - Development Services Public Meeting comprised of 2
items be received and adopted.
(1) TOWN INITIATED ZONING BY-LAW AMENDMENT
TO RESTRICT THE
USES AT
11248 AND 11264 KENNEDY ROAD
(MELVILLE UNITED CHURCH) BASED
ON NEW PROPERTY LINES
ESTABLISHED
THROUGH RECENT SEVERANCE (ZA
08 129865) (10.5)
1) That
the Development Services Commission report dated January 13, 2009, entitled
“Preliminary Report. Town initiated
Zoning By-law Amendment to restrict the uses at 11248 and 11264 Kennedy Road (Melville
United Church) based on new property lines established through a recent
severance (ZA 08 129865)” be received; and,
2) That
the Record of the Public Meeting held on February 17, 2009, with respect to the
proposed amendments to Zoning By-law 304-87 be received; and,
3) That
the application by the Town of Markham to amend Zoning By-law 304-87, as
amended, be approved; and further,
4) That
the proposed amendments to Zoning By-law 304-87 as amended, be enacted without
further notice.
CARRIED
(2) ONTARIO REALTY CORPORATION
APPLICATION FOR A ZONING
BY-LAW AMENDMENT
TO PERMIT INDUSTRIAL WITH
ANCILLARY OFFICE
USES AT 2601 14TH
AVENUE (ZA 08 126293) (10.5)
1) That
the Development Services Commission report dated January 13, 2009, entitled
“Preliminary Report. Ontario Realty
Corporation, Application for a Zoning By-law Amendment to permit industrial and
ancillary office uses at 2601 14th Avenue (ZA 08 126293)” be
received; and,
2) That
the Record of the Public Meeting held on February 17, 2009, with respect to the
proposed amendments to Zoning By-law 2284-68 be received; and,
3) That
the application by the Town of Markham to amend Zoning By-law 2284-68, as
amended, be approved; and further,
4) That
the proposed amendments to Zoning By-law 2284-68 as amended, be enacted without
further notice.
CARRIED
6(d) REPORT NO. 13 - GENERAL COMMITTEE (February 23, 2009)
Council consented to add Report No. 13.
Moved by Councillor C. Moretti
Seconded by Regional Councillor J. Jones
That Report No. 13 - General Committee comprised of 3 items be received and adopted.
(1) MARKHAM FOOD BANK (7.0)
1) That the Town provide $1,600 in
temporary relief to the Markham Food Bank; and,
2) That
staff be directed to review and report on opportunities to assist the Markham
Food Bank with the sustainability of their operations.
CARRIED
(2) SPRING
AND YEAR-ROUND
LOAD RESTRICTIONS FOR
THE TOWN OF MARKHAM’S
ROAD NETWORK (5.10)
1) That the report titled ‘Spring and Year Round Load Restrictions for the Town of Markham’s Road Network’ be received; and,
2) That the gross weight of commercial vehicles be restricted to 5 tonnes per axle on all public highways under the jurisdiction of the Town of Markham, from March 1, 2009 to April 30, 2009, according to the attached by-law “Appendix A ”; and,
3) That should adverse spring thaw conditions be encountered due to a harsh winter, at the discretion of the Director of Operations, the load restrictions be extended up to May 31, 2009 (up to four weeks); and,
4) That the gross vehicle weight of commercial vehicles be restricted to 5 tonnes per axle for the hard surfaced Town roads listed in Appendix ‘B’, from March 1, 2009 to February 28, 2010, according to the attached by-law “Appendix B”; and,
5) That according to the Highway Traffic Act Sec. 122(4) the restrictions would exempt vehicles operated by or on behalf of the municipality and school busses; and,
6) That the Director of Operations be authorized to grant exemptions to the By-law to permit heavy vehicular loads, at his discretion; and further,
7) That Staff be authorized and directed to do all things necessary to give effect to this resolution.
(By-laws 2009-24 and 2009-25)
CARRIED
(3) APPOINTMENTS - ADVISORY
COMMITTEES AND BOARDS
- COMMITTEE OF ADJUSTMENT (16.24)
1) That
Lolita Bruneau be appointed to the Committee of Adjustment for remainder of the
current term of Council in accordance with Subsection 44 (3) of the Planning Act.
CARRIED
7. MOTIONS
There were no motions.
8. NOTICES OF MOTIONS
There were no notices of motions.
9. COMMUNICATIONS
There were no communications.
10. PROCLAMATIONS
(1) PROCLAMATIONS (3.4)
Council consented to add the proclamation of "Red Cross Month".
Moved by Regional Councillor T. Wong
Seconded by Deputy Mayor J. Heath
1) That the following be proclaimed in the
Town of Markham:
- English as a Second Language Week (December 6 to 12, 2009)
- Philippine Week (June 7 to
14, 2009)
- Red Cross Month (March 2009); and,
2) That a Flag-Raising Ceremony for Philippine Week be held at
the Markham Civic Centre to jointly raise the Canadian and Philippine flags on
Sunday, June 7, 2009 at 11:00 a.m.; and,
3) And that the Red Cross flag be raised at the Town of Markham
Civic Centre flagpole for the duration of Red Cross Month; and further,
4) 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
Council consented to add By-law 2009-24 and 2009-25.
Moved by Councillor A. Chiu
Seconded by Councillor D. Horchik
That By-laws
2009-17 to 2009-22, 2009-24 and 2009-25 be given three readings and enacted.
Three Readings
BY-LAW 2009-17 A by-law to amend Municipal Law Enforcement Officers Appointment By-law 2002-178 and Parking By-law 2005-188 (To update the list for officers and tagging locations).
BY-LAW 2009-18 A by-law to dedicate certain lands as part of the highways of the Town of Markham (Block 38, Plan 65M-3707 - Raymond Bartlett Avenue; Part of Lot 11, Plan 2196, designated as Parts 3 and 4, Plan 65R-28173 - Peshawar Avenue; Part of Lot 5, Plan 2196, designated as Part 2, Plan 65R-20419 - Lane).
BY-LAW 2009-19 A by-law to amend Zoning By-law 119-73, as amended (St. Mark's Coptic Church, 455 Ferrier Street -To remove (H) Hold provision permitting the development of a place of worship).
BY-LAW 2009-20 A by-law to amend Zoning By-law 88-76, as amended (Fairview and Lam Investments Ltd., Cham Shan Buddist Temple, 9441 Highway 48 (Markham Road) - To permit a Place of Worship).
(Item No. 3, Report No. 8, 2009)
BY-LAW 2009-21 A by-law to designate a property as being of Historic and/or Architectural Value or Interest (Wideman House, 10541 Highway 48).
(Item No. 2, Report No. 64, 2008).
BY-LAW 2009-22 A by-law to amend By-law 2002-276, a by-law to impose fees or charges for services or activities provided or done by the Town of Markham (Update recreation user and fitness initiation fees to reflect the change in the Consumer Price Index)
(Item Nos. 4 and 5, Report No. 1, 2009)
BY-LAW 2009-24 A by-law to provide for load restriction limiting loads to 5 tonnes per axle on all public highways in the Town of Markham from March 1, 2009 to April 30, 2009 (Exceptions will be made for the streets listed in Clause 2 and for vehicles operated by or on behalf of the municipality, where the vehicles are engaged in highway maintenance, transportation of fire apparatus, transportation of waste, public utility emergency vehicles and school busses as stated in Sec. 122(4) of the Highway Traffic Act).
(Item No. 7, Report No. 13, 2009).
BY-LAW 2009-25 A by-law to provide year-round load restriction limiting loads to 5 tonnes per axle on the Town's rural roads as listed on the by-law from March 1, 2009 to February 28, 2010 .
(Item No. 7, Report No. 13, 2009).
CARRIED
____________________________________
Regional Councillor T. Wong left the Council meeting at 8:01 p.m.
____________________________________
13. IN-CAMERA ITEMS
Moved by Councillor J. Virgilio
Seconded by Regional Councillor T. Wong
That, in accordance with Section 239 of the Municipal Act, Council resolve into an in-camera session to discuss the following matters (7:57 p.m.):
REPORT
OF DEVELOPMENT SERVICES COMMITTEE - February 17, 2009
(1) MINOR VARIANCE APPEAL TO ONTARIO
MUNICIPAL BOARD
20 HEDGEWOOD DRIVE
[Section 239 (2) (e)]
(2) 1691126 ONTARIO INC.
OFFICIAL PLAN & ZONING
BY-LAW AMENDMENT
7161 & 7171 YONGE STREET
PROPOSED SETTLEMENT OF ONTARIO
MUNICIPAL BOARD
[Section 239 (2) (e)]
CARRIED
Moved by Councillor C. Moretti
Seconded by Councillor J. Virgilio
That Council rise from the in-camera session and re-convene regular session (9:00 p.m.)
CARRIED
(1) MINOR VARIANCE APPEAL TO OMB
20 HEDGEWOOD DRIVE, MARKHAM
LEGAL FILE NO. 09 0613 LG 0044
(8.0)
Moved by Councillor A. Chiu
Seconded by Regional Councillor J. Jones
1) That
the confidential report entitled “Minor Variance Appeal to OMB - - - 20
Hedgewood Drive, Markham” be received; and,
2) That
the Town Solicitor be instructed not to attend the Ontario Municipal Board
(OMB) hearing respecting a minor variance appeal for 20 Hedgewood Drive; and
further,
3) That
Staff be authorized and directed to take the actions set out in this report
CARRIED
(2) APPLICATIONS
BY 1691126 ONTARIO INC.
FOR OFFICIAL PLAN AND ZONING
BY-LAW AMENDMENT
TO PERMIT HIGH DENSITY
RESIDENTIAL USES
AT GRADE RETAIL, AND OFFICE
AND HOTEL USES
AT 7161 & 7171 YONGE
STREET, THORNHILL
AND PROPOSED SETTLEMENT OF OMB
APPEAL
(OP 06-127138 AND ZA
06-127273) (8.0, 10.3 & 10.5)
Moved by Regional Councillor G. Landon
Seconded by Councillor J. Webster
1) That the report entitled “CONFIDENTIAL REPORT: Applications by 1691126 Ontario Inc. for Official Plan and Zoning By-law Amendment to permit high density residential uses, at grade retail, and office and hotel uses at 7161 & 7171 Yonge Street, Thornhill and proposed settlement of OMB appeal (File Number OP 06-127138 and ZA 06-127273)” be received; and,
2) That
staff be authorized and directed to do all things necessary to give effect to
this report.
CARRIED
(See following recorded vote)
(9:2)
YEAS: Mayor F. Scarpitti, Regional Councillor J. Jones, Regional Councillor G. Landon, Councillor J. Virgilio, Councillor C. Moretti, Councillor J. Webster, Councillor D. Horchik, Councillor L. Kanapathi, Councillor A. Chiu. (9)
NAYS: Deputy Mayor J. Heath, Councillor V. Burke. (2)
ABSENT: Regional Councillor T. Wong, Councillor E. Shapero. (2)
14. CONFIRMATORY BY-LAW
Moved by Councillor A. Chiu
Seconded by Regional Councillor J. Jones
That By-law
2009-23 be given three readings and enacted.
Three Readings
BY-LAW 2009-23 A by-law to confirm the proceedings of the Council meeting of February
24, 2009.
(Council Meeting No. 3, 2009)
CARRIED
15. ADJOURNMENT
Seconded
by Deputy Mayor J. Heath
That the meeting do adjourn.
CARRIED
Council adjourned at 9:06 p.m.
___________________________________ _____________________________________
KIMBERLEY KITTERINGHAM FRANK SCARPITTI
TOWN CLERK MAYOR
(Signed)