Council
Minutes
February
11, 2014, 7:00 PM
Council
Chamber, Anthony Roman Markham Civic Centre
Meeting
No. 5
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
Andy Taylor, Chief
Administrative Officer
Catherine Conrad, City
Solicitor
Jim Baird, Commissioner of
Development Services
Trinela Cane, Commissioner
of Corporate Services
Brenda Librecz, Commissioner
of Community and Fire Services
Joel Lustig, Treasurer
Andrea Tang, Manager of
Financial Planning
Dennis Flaherty, Director of
Communications and Community Relations
John Wong, Technology
Support Specialist
Kimberley Kitteringham, City
Clerk
Martha Pettit, Deputy City
Clerk
The regular
meeting of Council convened at 7:05 PM on February 11, 2014 in the Council
Chamber. Mayor Frank Scarpitti presided.
1. DISCLOSURE OF PECUNIARY INTEREST
(1) None
declared.
2. MINUTES
(1) COUNCIL MINUTES
– JANUARY 28, 2014, JANUARY
29, 2014, FEBRUARY 4, 2014
Jan28 Jan29 Feb4
Moved by
Councillor Alex Chiu
Seconded by Councillor
Valerie Burke
1) That the minutes of the Council meetings
held on January 28, 2014, January 29, 2014 and February 4, 2014, be adopted.
Carried
3. PRESENTATIONS
(1) 2014
OPERATING BUDGET PRESENTATION (7.4)
Presentation
Regional
Councillor Gord Landon, Budget Sub-Committee Chair, provided introductory
remarks and thanked Members of the Budget Sub-Committee and City staff for
their hard work and input into the creation of the budget document.
Andrea Tang, Manager
of Financial Planning, provided a PowerPoint
presentation outlining the highlights of the 2014 budget.
(See Item No.
1, Report No. 5 for Council's decision on this matter)
4. DELEGATIONS
(1) DELEGATIONS REGARDING
THE ITEM
TITLED "2014 OPERATING BUDGET" (7.4)
Moved by Deputy
Mayor Jack Heath
Seconded by Councillor
Alan Ho
That the
following delegations providing comments regarding the item titled “2014
Operating Budget” be received:
- Karen Rea, Markham
Village City Ratepayers Association.
- Jim Kwan.
(See Item
No. 1, Report No. 5 for Council's decision on this matter)
5. PETITIONS
There were no
petitions.
6(a) REPORT NO. 5 - GENERAL COMMITTEE (February
3, 2014)
Moved by Councillor
Carolina Moretti
Seconded by Councillor
Don Hamilton
That Report
No. 5 – General Committee comprised of 8 items be received and adopted, except
Item Nos. 1 and 7. (See following Item Nos. 1 and 7)
(1) 2014
OPERATING BUDGET (7.4)
Report Attachments
Discussion on the matter ensued.
(See Presentation Item No. 1 for staff's
presentation on this matter)
Moved by Regional
Councillor Gord Landon
Seconded by Councillor
Logan Kanapathi
1) That
the report dated February 3, 2014 entitled, “2014 Operating Budget” be
received; and,
2) That
Council approve a 2.33% tax rate increase to the City’s tax levy to support the
City’s day-to-day operations; and,
3) That Council approve an additional 0.16% tax
rate increase to replenish the Corporate Rate Stabilization Reserve Fund to
partially offset the costs associated with the December 2013 ice storm in the
City of Markham; and,
4) That Council approve the 2014 Operating
Budget for City services totalling $187,466,019 (excluding the 2013
surplus/deficit) which includes a 2.49% tax rate increase over 2013 ($180,795,409),
of which the principal components are detailed in Appendix 1; and,
5) That
the gross operating expenditures of $187,466,019, (excluding the 2013
surplus/deficit), be funded from the following sources:
Revenue 2014
Budget $
Taxation
Levies 130,499,439
Grants-in-lieu
of Taxes 1,209,007
Grant
& Subsidy Revenues 1,554,994
General
Revenues (Investment Income, Fines, Permits, Interest & Penalties) 26,498,941
User
Fees & Service Charges (User Fees, Rentals, Sales) 23,158,473
Other
Income / Recoveries 4,545,165
Total Revenues 187,466,019
; and,
6) That
Council approve the 2014 Planning & Design Operating Budget totalling
$7,829,268, (excluding the 2013 surplus/deficit), the principal components of
which are detailed in Appendix 2; and,
7) That
Council approve the 2014 Engineering Operating Budget totalling $6,527,807,
(excluding the 2013 surplus/deficit), the principal components of which are
detailed in Appendix 3; and,
8) That
Council approve the 2014 Building Standards Operating Budget totalling
$8,386,048, (excluding the 2013 surplus/deficit), the principal components of
which are detailed in Appendix 4; and,
9) That
upon finalization of the 2013 audited financial statements, the 2014 Operating,
Planning & Design, Engineering and Building Standards Operating Budgets be
adjusted to reflect the 2013 operating results; and,
10) That
a copy of the Budgets be made available to the public through the Clerk’s
Department, the City website and each of the Markham Public Libraries; and,
11) That
the “Additional Financial Disclosure Requirements Pursuant to Ontario
Regulation 284/09” be received for information purposes; and further,
12) That
Staff be authorized and directed to do all things necessary to give effect to
this resolution.
Carried by a recorded vote (12:1)
(See following to consider the matter)
(See following amendments)
(See following recorded vote)
(See following motion which was lost)
Motion to consider the matter:
Moved by Regional Councillor Gord
Landon
Seconded by Councillor Logan Kanapathi
That Council consider the item
titled “2014 Operating Budget” immediately following
the delegations with respect thereto.
Carried
Amendments consented by Council:
Council consented
to delete the following Resolution No. 3 in its entirety:
"3) That
Council approve an additional 0.16% tax rate increase to fund the response and
recovery costs associated with the December 2013 ice storm;"
and replace with
the following revised Resolution No. 3:
"3) That Council approve an additional 0.16% tax
rate increase to replenish the Corporate Rate Stabilization Reserve Fund to
partially offset the costs associated with the December 2013 ice storm in the
City of Markham;"
Recorded vote for the approval of the proposed recommendation, as
amended (12:1):
YEAS: Councillor
Valerie Burke, Councillor Howard Shore, Councillor Don Hamilton, Councillor
Carolina Moretti, Regional Councillor Jim Jones, Mayor Frank Scarpitti, Deputy
Mayor Jack Heath, Regional Councillor Gord Landon, Councillor Colin Campbell, Councillor
Alan Ho, Councillor Logan Kanapathi, Councillor Alex Chiu. (12)
NAYS: Regional
Councillor Joe Li. (1)
Motion which was lost by a recorded vote (10:3):
Moved by Regional Councillor Joe
Li
Seconded by Councillor Colin Campbell
That the 2014 Operating Budget be reduced by $40,000 by removing the
after-hours contract position at the Civic Centre.
Motion lost by a recorded vote (10:3)
(See following recorded vote)
NAYS: Councillor
Valerie Burke, Councillor Howard Shore, Councillor Don Hamilton, Councillor
Carolina Moretti, Regional Councillor Jim Jones, Mayor Frank Scarpitti, Regional
Councillor Gord Landon, Councillor Alan Ho, Councillor Logan Kanapathi,
Councillor Alex Chiu. (10)
YEAS: Regional
Councillor Joe Li, Deputy Mayor Jack Heath, Councillor Colin Campbell. (3)
(2) MINUTES OF THE NOVEMBER
20, 2013
AND JANUARY 15, 2014 ADVISORY
COMMITTEE ON ACCESSIBILITY (16.0)
Nov.
20 Jan.
15 Communications
1) That the minutes of the November 20, 2013 and January 15,
2014 Advisory Committee on Accessibility meetings be received for information
purposes; and,
2) That based on the
information presented by the Concerned Citizens for Accessibility and Mobility
Group at the January 15, 2014 Advisory Committee on Accessibility meeting, the
Advisory Committee on Accessibility expressed its concerns regarding York
Region’s proposal to outsource the Mobility Plus Eligibility Appeal Panel; and,
3) That Markham Council
recommend to York Region that it maintain the current structure of the Mobility
Plus Eligibility Appeal Panel until a more comprehensive review is conducted;
and,
4) That Markham Council
recommend to York Region that a Member of the Markham's Advisory Committee on
Accessibility be included in this review; and,
5) That Markham Council
recommend to York Region that all York Region Advisory Committees on
Accessibility be consulted on any future changes to the structure of Mobility
Plus; and,
6) That the deputation
from Kim McKinnon,
Community Legal Worker be received; and,
7) That
the correspondence dated January 30, 2014 from Arlene Juanillo, Member of the
Advisory Committee on Accessibility, providing comments on the Advisory
Committee on Accessibility’s resolution on the Mobility Plus Eligibility Appeal
Panel be received; and,
8) That
the correspondence dated January 31, 2014 from Sidney Polak, Chair of the
Advisory Committee on Accessibility, providing comments on the Advisory
Committee on Accessibility’s resolution on the Mobility Plus Eligibility Appeal
Panel be received; and,
9) That
the correspondence dated February 3, 2014 from Joan Jenkyn, member of the
Advisory Committee on Accessibility be received; and further,
10) That staff be authorized and directed to do all things necessary to
give effect to this resolution.
Carried
(3) PROPOSED ALL-WAY STOP
CONTROL AT
BUR OAK AVENUE AND SWAN PARK ROAD (5.12)
Report Attachments
1) That the report entitled “Proposed All-way Stop Control at Bur Oak Avenue & Swan Park Road”, be received; and,
2) That, to improve pedestrian safety within the school zone,
Schedule 12 of Traffic By-law 106-71, pertaining to compulsory stops, be amended to include all approaches to the
intersection of Bur Oak Avenue & Swan Park Road; and,
3) That the existing school crossing guard service be relocated
from its current location to the subject intersection upon installation of the
all-way stop control; and,
4) That the Operations Department be directed to install and
remove the appropriate signs and pavement markings at the subject locations;
and,
5) That the cost of materials for the installation and removal of applicable traffic signs, pavement markings
and boulevard restoration be funded from capital project # 14228 (Traffic
Operational Improvements) in the amount of $2,000; and,
6) That York Region Police be requested to enforce the all-way
stop control upon installation of these stop signs and passing of the By-law;
and further,
7) That staff be authorized and directed to do all things
necessary to give effect to this resolution.
(By-law 2014-15)
Carried
(4) REQUEST FOR TRAFFIC
SIGNALS -
DONALD COUSENS PARKWAY AND
DELRAY DRIVE (5.12)
Report Attachments
1) That the report entitled “Request for Traffic
Signals – Donald Cousens Parkway & Delray Drive” be received; and,
2) That York Region staff be requested to evaluate the
intersection to determine if traffic signals are justified, based on York
Region’s Traffic Signal Warrant policy and recognizing the needs of
pedestrians; and,
3) That York Region staff be requested to report back to City
Council regarding the results and recommendations; and further,
4) That Staff be
authorized and directed to do all things necessary to give effect to this
resolution.
Carried
(5) REQUEST FOR TRAFFIC
SIGNALS -
BOX GROVE BYPASS AND
RIVERWALK DRIVE (5.12)
Report Attachments A.
Mohamed Letter
1) That the report entitled “Request for Traffic Signals – Box Grove Bypass & Riverwalk Drive” be received; and,
2) That York Region staff be requested to evaluate the
intersection to determine if traffic signals are justified, based on York
Region’s Traffic Signal Warrant policy and recognizing the needs of
pedestrians; and,
3) That York Region staff be requested to report back to City
Council by April 2, 2014 regarding the results and recommendations; and,
4) That the letter dated November 18, 2013 from Ashma Mohamed,
be received; and further,
5) That Staff be
authorized and directed to do all things necessary to give effect to this
resolution.
Carried
(6) ANNUAL WATER QUALITY
REPORT
(JANUARY – DECEMBER 2013) (5.3)
Report Attachment
A
1) That
the report titled “Annual Water Quality Report (January-December 2013)” as
required by Schedule 22 of Ontario Regulation 170/03, under the Safe
Drinking Water Act, 2002, enclosed herein be received; and,
2) That
the Annual 2013 Regulatory Water Quality Report (Attachment “A”),
containing information for the Ministry
of the Environment (MOE) on water supply and quality as required by Section 11
of Ontario Regulation 170/03, under the Safe Drinking Water Act, 2002,
be received; and,
3) That
Council directs staff to post the Annual 2013 Detailed Regulatory Water Quality
Report on the City’s website and that it be made available and provided to
residents upon request in hard copy version by February 28, 2014; and further,
4) That
Staff be authorized and directed to do all things necessary to give effect to
this resolution.
Carried
(7) YORK REGION SM4RT
LIVING LONG
TERM WASTE MASTER PLAN -
STAFF COMMENTS (5.1)
Report
1) That
the report entitled “York Region SM4RT Living Long Term Waste Master Plan –
Staff Comments” be received; and,
2) That
a copy of this report is forwarded to York Region and the Local Municipalities
for their information; and,
3) That York Region be
requested to support and promote the implementation of Clear bags for garbage
residue, Zero Waste for Schools and enhanced strategies to recycle electronic
waste and batteries with its municipal partners; and,
4) That York Region
request Waste Diversion Ontario (WDO) to accept and report out Markham’s 2013
diversion results as part of the WDO’s 2013 Municipal Datacall release; and
further,
5) That staff
be authorized and directed to do all things necessary to give effect to this
resolution.
Carried
Council consented to add the following as
Resolution Nos. 3 and 4:
3) That York Region be requested to
support and promote the implementation of Clear bags for garbage residue, Zero
Waste for Schools and enhanced strategies to recycle electronic waste and
batteries with its municipal partners; and,
4) That York Region
request Waste Diversion Ontario (WDO) to accept and report out Markham’s 2013
diversion results as part of the WDO’s 2013 Municipal Datacall release; and
further,
(8) MARKHAM
EARTH HOUR 2014 (12.2.6)
Presentation
1) That the presentation provided by Colin Campbell, Ward 5
Councillor, and
Graham Seaman, Senior Manager
Sustainability, entitled “Markham Earth Hour 2014” be received; and,
2) That Markham City Council endorse the “Markham Earth Hour
2014” event; and,
3) That the City of Markham provide the following to the
“Markham Earth Hour 2014” event:
a) Promotional and event management resources from Corporate
Communications.
b) Potential Staging and audio visual equipment.
c) Use of the Cornell Community Centre and grounds; and
further,
4) That the City of Markham make a financial contribution to
the “Markham Earth Hour 2014” event to cover incidental costs not covered by
private sponsorship; and,
5) That $265.00 from the Irish Heritage Fund and $600.00 from
the Tony Roman Hockey Tournament Fund be transferred to support this proposal;
and further,
6) That
staff be authorized and directed to do all things necessary to give effect to
this resolution.
Carried
6(b) REPORT NO. 6 - DEVELOPMENT SERVICES COMMITTEE
(February 4, 2014)
Moved by Regional
Councillor Jim Jones
Seconded by Councillor
Don Hamilton
That Report
No. 6 – Development Services Committee comprised of 2 items be received and
adopted, except Item No. 1. (See following Item No. 1)
(1) UNIONVILLE SUB-COMMITTEE MINUTES
(MARKHAM CENTRE MOBILITY HUB
STUDY
REVISED SCOPE OF WORK)
- January 21, 2014 (10.0)
Minutes ARUP
Presentation
Moved by
Regional Councillor Jim Jones
Seconded by
Councillor Don Hamilton
1) That
the minutes of the Unionville Sub-Committee meeting held January 21, 2014, be
received for information purposes; and,
2) That the following recommendation from the January 21, 2014
minutes be endorsed:
"That
Purchase Order PD 11314 issued to Arup Canada Inc. for contract 167-T-11
(Markham Centre Mobility Hub/Station – Consulting Services)
be increased by $290,765.00, inclusive of HST, (from $369,197 to $659,962) to
cover the proposed expanded scope of work as detailed in this report, and be
funded from Capital Account 640-101-5699-10577 (Markham Centre Mobility Hub) be
approved, subject to the approval of subcontractors by the Commissioner of
Development Services; and,
That
the Unionville Subcommittee be appointed as the Mobility Hub Steering Committee
and provide regular updates to the Development Services Committee".
Carried
(See following motion which was lost)
Council consented to add the words
"...subject to the approval of subcontractors by
the Commissioner of Development Services" at the end of the words "...(Markham
Centre Mobility Hub) be approved..." in Resolution No. 2, Paragraph 1.
Motion
which was lost:
Moved by Regional Councillor Jim Jones
Seconded by Regional Councillor Gord Landon
That Item No. 1 related to the Purchase Order PD 11314 issued to Arup
Canada Inc. for contract 167-T-11 (Markham Centre Mobility Hub/Station –
Consulting Services) be referred back to the Unionville
Subcommittee.
Motion lost
(2) BIRD FRIENDLY GUIDELINES
RECOMMENDATION REPORT (10.0)
Report AppB AppC
Appendix
A
1) That
the staff report entitled “Bird Friendly Guidelines Recommendation Report”
dated February 4, 2014, be received; and,
2) That
the report entitled “Bird Friendly Guidelines (January 2014)” prepared by
North-South Environmental Inc. be endorsed and used in the City’s site plan
approval process; and,
3) That
Staff be directed to implement the Bird Friendly Guidelines in the following
manner:
i. ensure
access and availability of Bird Friendly Guidelines to all parties involved in
the development approval processes;
ii. incorporate
bird friendly treatments into the City’s Site Plan Approval process through use
of a Bird Friendly Specification Checklist that identifies requirements;
iii. continue
to be proactive in both the retrofit of existing municipal buildings and the
design of new municipal buildings with bird friendly treatments; where needed
and appropriate; and where budgets permit; while taking into consideration the
function and design of building;
iv. prepare
an education and outreach program to encourage bird friendly treatments of
existing private buildings and residential properties; and,
v. review
and update the Bird Friendly Guidelines periodically (eg. every five years) to
address any new best management practices; and,
4) That a
copy of the Guidelines be sent to Prime Minister Stephen Harper, Premier of
Ontario Kathleen Wynne, Minister of Municipal Affairs and Housing, all York
Region MPs and MPPs, all York Region Municipalities, the Association of
Municipalities of Ontario (AMO), and the Federation of Canadian Municipalities
(FCM), to heighten awareness; and further,
5) 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
Council
consented to separate Communication Nos. 4-2014 and 5-2014.
(See following
Communication Nos. Nos. 4-2014 and 5-2014).
Moved by
Councillor Alex Chiu
Seconded by Councillor
Logan Kanapathi
That Council
receive and consent to the disposition of communications in the following
manner:
Referred to all Members of
Council
3-2014 LIQUOR LICENCE
APPLICATION FOR INSPIRE RESTAURANT LTD., 144 MAIN STREET NORTH MARKHAM (WARD 4)
(3.21)
Info
- Forwarding a request for the City of Markham to complete the
Municipal Information Form.
(Change of ownership and application of a liquor licence for indoor
areas previously licenced).
Carried
Referred to Commissioner of
Development Services and City Solicitor
4-2014 ONTARIO
MUNICIPAL BOARD (OMB) DISMISSAL, CHRISTOS PAVLAKIS, 39 CAROLWOOD CRESCENT AND
PETER CASAGRANDE AND CORINNE MARTON, 65 AND 69 CHATELAINE DRIVE, OFFICIAL PLAN
AMENDMENT AND ZONING BY-LAW AMENDMENT APPLICATIONS (13.13)
Letter
Summary from the City Solicitor:
On
January 19, 2014, the Ontario Municipal Board issued a decision regarding an
appeal by James Jagtoo and Stephen Emmanuel respecting the City’s approval of
official plan amendments, zoning by-law amendments and consents to sever
respecting 3 lots located in the Rouge River Estates. The applications respecting 69 and 65 Chatelaine
Drive and 39 Carolwood Crescent were made to permit each proponent to divide
its lot into two lots. Each of the six
lots would contain one single family dwelling.
The
Board heard expert land use planning evidence on behalf of the City, the applicants
and the appellant. In addition, Mr.
Emmanuel and Hedley Thomas, a former resident, provided non-expert evidence in
support of the appeal, and the Board also qualified a computer imaging expert
on behalf of the appellants.
In
its decision, the Board reviewed the history of the Official Plan and Secondary
Plan policies for the Rouge River Estates, and analyzed the existing
development in the surrounding area. The
applicable official plan policies identify three Special Policy Development
Areas (“SPDA”), two of which are relevant for the subject applications. 39 Carolwood Court is subject to SPDA 1,
which contains a minimum lot size of 0.4 ha.
65 and 69 Chatelaine Drive are subject to SPDA 2, which contains a
minimum lot area of 0.3 ha. The official
plan amendments requested by the applicants were necessary as the proposed new
lots would not meet this requirement.
The Board found:
“...
that the minimum lot area of SPDA 1 is the provision ‘…to protect the Chatelaine Drive area as a distinct residential
enclave…’ and the minimum lot area of SPDA 2 is ‘…to ensure that new
residential development adjoining this [SPDA 1] area is compatible in
character…’ ”
The
appellants argued that SPDA 2 was intended as a buffer between the SPDA 1 area
and the newer development to the west and south of the Rouge River
Estates. The Board stated that:
“SPDA
2 is not a buffer between the enclave in SPDA 1 and the newer development
further to the west and south. Buffers
separate incompatible uses, for example a wetland and the excavation zone of
a quarry. There is nothing incompatible
between two areas of low density single family residential development that
happen to be on vastly differently sized lots. The more appropriate descriptor
for SPDA 2 is that of a transition area between SPDA 1 and the new development
on much smaller lots to the west and south.”
The
Board went on to conclude that:
“The
evidence before the Board has been thorough and complete in its review of the
matters before the Board. Having considered the evidence from the Proponents,
the City and the Appellants, the Board finds that the official plan amendments,
the zoning by-law amendments and the applications for consent to convey,
subject to conditions set out by the Committee of Adjustment, are reasonable,
appropriate, represent the principles of good community planning and are in the
public interest.”
Therefore
the Board dismissed the appeals and approved the applications.
(By-laws 2012-113 to 2012-116)
Carried
Received and referred to staff
5-2014 YORK REGION -
RETAIL BUSINESS HOLIDAYS ACT (13.4)
Letter
Moved
by Regional Councillor Jim Jones
Seconded
by Regional Councillor Gord Landon
That
the letter dated November 22, 2013 from Denis Kelly, Regional Clerk, York
Region, advising of the option available to local municipalities to file an
application for exemption from the Retail Business Holidays Act to allow retail
businesses in all or part of a local municipality to be opened on statutory
holidays, be received and referred to staff for a report.
Carried
10. PROCLAMATIONS
(1) PROCLAMATION
AND FLAG RAISING REQUESTS (3.4)
Moved by Councillor
Carolina Moretti
Seconded by
Councillor Colin Campbell
1) That the following proclamations issued by the City Clerk in
accordance with the City of Markham Proclamation Policy be received for
information purposes:
- Pakistan National Day (March 23, 2014)
- Red Cross Month (March 2014)
- Epilepsy Awareness Month (March 2014)
- B-Strong
Day (April 22, 2014)
- Intergenerational Day Canada (June 1, 2014)
- Philippine Week (June 8 to 15, 2014); and,
2) That
the following requests for flag to be raised at the Anthony Roman Markham Civic
Centre flagpole approved by the City Clerk in accordance with the City of
Markham Community Flag Raisings & Flag Protocol Policy be received for
information purposes:
- Flag of Pakistan (March 23,
2014)
-
Flag of Red Cross (March 2014)
- Flag of Philippine (June 8 to 15, 2014).
Carried
11. NEW/OTHER BUSINESS
(1) JOINT
AND SEVERAL LIABILITIES INSURANCE
REFORM FOR MUNICIPALITIES
(13.0)
Letter
Catherine
Conrad, City Solicitor, provided an overview of the purpose of the proposed
recommendation.
Moved by Councillor
Colin Campbell
Seconded by Councillor
Don Hamilton
Whereas the Negligence Act provides that “where damages have been caused
or contributed to by the fault or neglect of two or more persons…and where, two
or more persons are found at fault or negligent, they are jointly and severally
liable to the person suffering the loss or damage”; and,
Whereas while
fault may be apportioned among parties to litigation, a defendant who is only
1% responsible for damages may be required to satisfy the entire judgment,
regardless of the size of the judgment or apportionment of responsibility; and,
Whereas
municipalities are frequently the targets of litigation due, in part, to a
perception that they have more resources, in fact “deep pockets”, to satisfy
judgments that other defendants do not; and,
Whereas recent
case law suggests that courts are frequently assigning significant liability to
municipalities in circumstances where the plaintiff has been clearly at fault
(excessive speeds, driver negligence, drinking while driving, failure to obey
stop signs); and,
Whereas the
Association of Municipalities of Ontario (AMO) has determined through a survey
done two years ago that premiums for municipality liability insurance had risen
22 percent over five years; and,
Whereas Randy
Pettapiece, MPP Perth-Wellington, has proposed a private member’s resolution in
the Ontario Legislature, to be debated on February 27, 2014, as follows:
"That, in
the opinion of this House, the government should protect taxpayers from higher
property taxes by implementing a comprehensive, long-term solution to reform
joint and several liability insurance for municipalities by no later than June
2014, addressing the alarming rise in insurance premiums due to rising
litigation and claim costs."; and,
Whereas the
Attorney General is consulting on reforms to joint and several liability, which
would limit the amount payable by a municipality where the municipality has
been found to be contributorily negligent, which should have a corresponding
impact on liability insurance premiums;
Now therefore be
it resolved:
1) That the City of Markham supports the
private member’s resolution proposed by Randy Pettapiece, MPP Perth-Wellington,
to the Government of Ontario as set out below:
"That, in the
opinion of this House, the government should protect taxpayers from higher
property taxes by implementing a comprehensive, long-term solution to reform
joint and several liability insurance for municipalities by no later than June
2014, addressing the alarming rise in insurance premiums due to rising
litigation and claim costs."; and,
2) That the City of Markham supports the
proposals to limit joint and several liability for municipalities currently
under consideration by the Attorney General of Ontario; and further,
3) That this resolution be forwarded to
the Premier of Ontario, Association of Municipalities of Ontario (AMO), Area
Members of Provincial Parliament, Randy Pettapiece MPP Perth-Wellington, York
Region municipalities and the Insurance Bureau of Canada.
Carried
12. BY-LAWS
Moved by
Councillor Alex Chiu
Seconded by Councillor
Logan Kanapathi
That By-laws 2014-15
to 2014-18 be given three readings and enacted.
Three Readings
BY-LAW 2014-15 A BY-LAW TO AMEND TRAFFIC BY-LAW 106-71 (ALL-WAY STOP CONTROL
AT BUR OAK AVENUE AND SWAN PARK ROAD
By-law
Carried
BY-LAW 2014-16 A BY-LAW TO DESIGNATE A PROPERTY AS BEING OF CULTURAL HERITAGE
VALUE OR INTEREST (ARTHUR WEGG HOUSE, 10537 KENNEDY ROAD)
By-law
Carried
BY-LAW 2014-17 A BY-LAW TO DECLARE CERTAIN LANDS LEGALLY DESCRIBED AS A
PORTION OF CORNELL CENTRE BOULEVARD DESCRIBED AS PART OF THE ROAD ALLOWANCE
BETWEEN LOTS 15 AND 16, CONCESSION 9, MORE PARTICULARLY DESCRIBED AS PARTS 2
AND 4, 65R- CITY OF MARKHAM, REGIONAL
MUNICIPALITY OF YORK, SURPLUS TO MUNICIPAL PURPOSES
(New/Other Business Item No. 1 – January 28,
2014 Council Meeting)
By-law
Carried
BY-LAW 2014-18 A BY-LAW TO STOP-UP AND CLOSE A PORTION OF CORNELL CENTRE
BOULEVARD DESCRIBED AS PART OF THE ROAD ALLOWANCE BETWEEN LOTS 15 AND 16,
CONCESSION 9, MORE PARTICULARLY DESCRIBED AS PARTS 2 AND 4, PLAN 65R- CITY OF
MARKHAM
(In-Camera Item No. 2 – December 10, 2013)
By-law
Carried
13. IN-CAMERA ITEMS
Council
consented to not resolve into in-camera session and to report out the following
items, as proposed, at open Council session:
(1) MINUTES OF IN-CAMERA COUNCIL MEETING
-JANUARY 28, 2014 (16.0)
[Section 239 (2) (b) (c) (f)
General
Committee – February 3, 2014
(2) PERSONAL MATTERS ABOUT
AN IDENTIFIABLE INDIVIDUAL, INCLUDING MUNICIPAL OR LOCAL BOARD EMPLOYEES
(BOARD/COMMITTEE RESIGNATION) (16.24)
[Section 239 (2)
(b)]
(3) PERSONAL MATTERS ABOUT
AN IDENTIFIABLE INDIVIDUAL, INCLUDING MUNICIPAL OR LOCAL BOARD EMPLOYEES
(BOARD/COMMITTEE APPOINTMENTS) (16.24)
[Section 239 (2) (b)]
Carried
The in-camera items
were reported out as follows:
(1) MINUTES OF IN-CAMERA COUNCIL MEETING
-JANUARY 28, 2014 (16.0)
Moved by Regional
Councillor Jim Jones
Seconded by Councillor
Alan Ho
1) That the Council
In-camera Minutes dated January 28, 2014 be confirmed.
Carried
(2) BOARD/COMMITTEE
RESIGNATION (16.24)
Moved by Regional
Councillor Jim Jones
Seconded by Councillor
Alan Ho
1) That
the resignation of Alex Karlovski from the Markham Environmental Advisory
Committee be received with regret for information purposes and that a
letter of appreciation be forwarded by Mayor Frank Scarpitti; and,
2) That
the resignation of Patricia Loveland from the Varley-McKay Art Foundation of
Markham be received with regret for information purposes and that a letter
of appreciation be forwarded by Mayor Frank Scarpitti.
Carried
(3) BOARD/COMMITTEE
APPOINTMENTS (16.24)
Moved by Regional
Councillor Jim Jones
Seconded by Councillor
Alan Ho
1) That the following appointments to the Seniors
Advisory Committee be confirmed:
Name Term
Faiz
Mohyuddin November
30, 2017
Christine Wong November
30, 2017
Ramma Chabra November
30, 2016
Manickampillai Velauthapillai November
30, 2016; and,
2) That the following appointments to the Doors
Open Markham Committee be confirmed:
Name Term
Kenny Wang November
30, 2016
Loretta Lam November
30, 2017
Nita Shastri November
30, 2017
Leikha Bisera November
30, 2016
Leanna Fong November
30, 2017
Carried
14. CONFIRMATORY BY-LAW
Moved by
Councillor Alex Chiu
Seconded by Councillor
Carolina Moretti
That By-law 2014-19
be given three readings and enacted.
Three Readings
BY-LAW 2014-19 A BY-LAW TO CONFIRM THE PROCEEDINGS OF THE COUNCIL MEETING OF FEBRUARY
11, 2014.
By-law
Carried
15. ADJOURNMENT
Moved by Councillor
Alex Chiu
Seconded by Councillor
Howard Shore
That the Council Meeting be adjourned at 9:58 PM.
CARRIED
_________________________________ _______________________________
Kimberley
Kitteringham Frank
Scarpitti
City Clerk Mayor
(Signed)