COUNCIL MINUTES
September
24, 2013, 7:00 p.m.
Council
Chamber, Anthony Roman Markham Civic Centre
Meeting No. 19
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 Colin Campbell,
Councillor Alan Ho, Councillor Logan Kanapathi, Councillor Alex Chiu.
REGRETS
Councillor
Carolina Moretti.
STAFF
Andy Taylor, Chief
Administrative Officer
Jim Baird, Commissioner of
Development Services
Catherine Conrad, City
Solicitor
Trinela Cane, Commissioner
of Corporate Services
Brenda Librecz, Commissioner
of Community and Fire Services
Joel Lustig, Treasurer
John Wong, Technology
Support Specialist
Dennis Flaherty, Director of
Communications and Community Relations
Sharon Laing,
Director of Human Resources
Kimberley Kitteringham, City
Clerk
Martha Pettit, Deputy Clerk
The regular
meeting of Council convened at 7:05 p.m. on September 24, 2013 in the Council
Chamber. Mayor Frank Scarpitti presided.
1. DISCLOSURE OF PECUNIARY INTEREST
(1) None
declared.
2. MINUTES
(1) COUNCIL MINUTES – SEPTEMBER 17, 2013
Minutes
Moved by
Councillor Alex Chiu
Seconded by Councillor
Valerie Burke
1) That the Minutes of the
Council Meeting held on September 17, 2013, be adopted.
CARRIED
3. PRESENTATIONS
(1) DIVERSITY
IN GOVERNANCE AWARD
- LOCAL GOVERNMENT SECTOR (12.2.6)
Council
recognized the City of Markham for winning the Diversity in Governance Award -
Local Government Sector. The award
commends the City's leadership, commitment and practical initiatives in
embracing diversity at all levels.
Mayor Frank
Scarpitti, on behalf of Council and the City of Markham, expressed thanks to
City staff in attendance including:
-
Sharon Laing, Director of Human Resources
- Kimberley
Kitteringham, City Clerk
-
Laura Gold, Council/Committee Coordinator
-
Mona Nazif, Manager, Client Services
-
Cheryl McConney-Wilson, Diversity Specialist
4. DELEGATIONS
There were no
delegations.
5. PETITIONS
There were no
petitions.
6(a) REPORT NO. 37 - GENERAL COMMITTEE
(September 23, 2013)
Moved by Councillor
Howard Shore
Seconded by Councillor
Colin Campbell
That Report
No. 37 – General Committee comprised of 5 items be received and adopted, except
Item No. 3. (See following Item No. 3)
(1) AWARD OF PROPOSAL
151-R-13 ELECTRICAL
SERVICES FOR CITY FACILITIES (7.12)
Report
1) That
the report entitled “Award of Proposal 151-R-13 Electrical Services for City
Facilities” be received; and,
2) That
the contract for Electrical Services for City Facilities be awarded to the
highest ranked and lowest priced bidder, Kudlak-Baird (1982) Ltd., beginning
October 1, 2013 in the estimated annual amount of $271,750.08 inclusive of HST
with prices fixed for a period of four (4) years totaling $1,087,000.32
inclusive of HST; and,
3) That
the award be funded from the various City Departments Operating and Capital
budget accounts on an as required basis; and,
4) That
this report be tabled at the September 24th, 2013 Council Meeting;
and,
5) That
the award amounts in 2014 to 2017 be subject to Council approval of the
respective year’s operating budgets and that the award amounts be amended to
reflect changes (e.g. growth from new facilities) to the various user budget
accounts as approved by Council during the annual budget process; and,
6) That
the 2014 operating budget be adjusted accordingly to reflect the 2% rate
reduction in comparison to the previous contract; and further,
7) That
Staff be authorized and directed to do all things necessary to give effect to
this resolution.
CARRIED
(2) CONTRACT EXTENSION
(303-R-09) FOR
GENERAL INSURANCE AND RISK
MANAGEMENT PROGRAM (7.12)
Report
1) That
the report “Contract Extension (303-R-09) for General Insurance and Risk
Management Program” be received; and,
2) That
contract 303-R-09 for General Insurance and Risk Management Program be extended
for a further one-year term from January 1, 2014 to January 1, 2015 to Jardine
Lloyd Thompson for a maximum amount of $1,225,000 (inclusive of PST, premium
changes, asset growth, and inflation in property values); and,
3) That
the Treasurer be authorized to extend the contract for General Insurance and
Risk Management Program for three further one year periods (2015 to 2017)
provided that it is in the best interest of the City and the premium increase
per year does not exceed 5% of
the cost of the previous years' insurance program, exclusive of annual coverage
changes and asset growth related changes to the property and automotive
portfolios; and,
4) That
the Treasurer be further authorized to approve all annual coverage changes,
asset growth related changes to the property and automotive portfolios (2015 to
2017); and,
5) That
in accordance with Purchasing By-Law 2004-341, Part II, Section 7 (1)(c),
Non-Competitive Procurement, whereby “When the extension of an existing
contract would prove more cost-effective and beneficial”, the tendering process
be waived; and,
6) That
this award be funded from 2014 Operating Account 840-8465555 Insurance Premium
as shown in the financial consideration section, subject to Council approval of
the 2014 operating budget; and further,
7) That
Staff be authorized and directed to do all things necessary to give effect to
this resolution.
CARRIED
(3) APPOINTMENT OF MEMBERS
TO THE
MAYOR’S YOUTH TASK FORCE FOR THE
PERIOD OF SEPTEMBER 1, 2013 TO JUNE 30, 2014 (16.24)
Report
Moved by
Councillor Howard Shore
Seconded by
Councillor Colin Campbell
1) That
the Report Appointment of Members to the Mayor’s Youth Task Force for the
period of September 1, 2013 to June 30, 2014 be received; and,
2) That
the following Appointments of Members to the Mayor’s Youth Task Force be
confirmed for the term September 1, 2013 to June 30, 2014;
|
Name
|
Ward
|
School
|
Grade
|
|
Tiffany
Chan, Co – Chair
|
5
|
Unionville
H.S.
|
12
|
|
Amanda
Whyte, Co-Chair
|
5
|
Unionville
H.S.
|
12
|
|
Joeffre
Braga
|
5
|
St. Brother
Andre
|
11
|
|
Nirushi
Mohan
|
7
|
Markham
District H.S.
|
11
|
|
Ronaz
Remtulla
|
3
|
Unionville
H.S.
|
12
|
|
Tina Zhong
|
5
|
Thornhill Secondary School
|
11
|
|
Crystal Chen
|
2
|
Thornhill Secondary School
|
10
|
|
Annie Sun
|
4
|
Pierre
Elliott Trudeau
|
12
|
|
Jeffrey Li
|
3
|
Markville Secondary School
|
11
|
|
Sean Pereira
|
1
|
St. Roberts Catholic H.S.
|
10
|
|
Jennifer
Cheng
|
7
|
Markham
District H.S.
|
11
|
|
Michelle Lu
|
4
|
Markham
District H.S.
|
11
|
|
Nandini Shah
|
4
|
Bur Oak Secondary School
|
11
|
|
Ashley Lam
|
6
|
Markham
District H.S.
|
12
|
|
Loreta Chan
|
3
|
Markville Secondary School
|
10
|
|
Pai Liu
|
4
|
Bur Oak Secondary School
|
12
|
|
Yu Xin Shi
|
8
|
Milliken
Mills H.S.
|
11
|
|
Henry He
|
3
|
Marc Garneau
CI
|
11
|
|
Justin Jen
|
4
|
St.
Augustine
|
9
|
|
Clive Ngan
|
4
|
Pierre
Elliot Trudeau
|
12
|
|
Arjun Bali
|
6
|
Bayview Secondary School
|
12
|
|
Joyce Chan
|
5
|
Unionville
High School
|
9
|
|
Scott Zhang
|
6
|
Unionville
High School
|
10
|
|
Gary Li
|
4
|
Pierre
Elliot Trudeau
|
11
|
|
Monica Xu
|
4
|
Bayview Secondary School
|
10
|
; and further,
3) That
Staff be authorized and directed to do all things necessary to give effect to
this resolution.
CARRIED
(4) DARREN HILL TRAIL
PROPOSED
PARKING PROHIBITION (2.17)
Report Attachment
A Attachment
B
1) That the staff report entitled “Darren Hill Trail Proposed Parking Prohibition”, be received; and,
2) That Schedule “C” of Parking By-law
2005-188, be amended by prohibiting parking anytime on the east & north
sides of Darren Hill Trail, between the property line of #37 and #35 Darren
Hill Trail and the property line between #35 and #21 Darren Hill Trail; and,
3) That Schedule “C” of Parking By-law
2005-188, be amended by prohibiting parking anytime on the south & west
sides of Darren Hill Trail between the property line of #22 and #24 Darren Hill
Trail and the property line between #18 Darren Hill Trail and the rear property line of #1396 Castlemore
Avenue; and,
4) That the Operations
Department be directed to install and maintain the appropriate regulatory signs
at the subject locations;
and,
5) That the cost of materials and installation for the regulatory signs be funded from capital
project # 11305 (Traffic Operational Improvements) in the amount of
approximately $500; and,
6) That the Parking Control Department be directed to enforce the
parking prohibition upon approval of the By-law amendment and installation of
the regulatory signs; and further,
7) That staff be authorized and directed to do all things necessary to
give effect to this resolution.
(By-law 2013-156)
CARRIED
(5) ACQUISITION OF AN
ARTICULATED
AERIAL LADDER DEVICE (7.16)
Report Attachment
A
1) That the report entitled “Acquisition of an Articulated Aerial
Ladder Device” be received; and,
2) That
the approved funding for the Capital Project - 13403 New Fleet Vehicles Fire be
increased by $305,300, inclusive of HST, to reflect current market price for an
articulated aerial ladder device; and,
3) That
the increase in the budget in the amount of $305,300 be 100% funded from
Development Charges in accordance with the original budget request; and
further,
4) 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
(1) MARKHAM
SPORTS, ENTERTAINMENT AND CULTURAL CENTRE (6.0)
Moved by Deputy
Mayor Jack Heath
Seconded by Councillor
Logan Kanapathi
Whereas
Markham and its taxpayers are financial guarantors of the Markham Sports,
Entertainment and Cultural Centre, which would pose a significant and
unnecessary risk for a financially responsible municipality of a limited size
like Markham; and,
Whereas
the Proposed Financial Framework (PFF) includes a special levy of approximately
$5,000 on new housing units, which is unfair to new homeowners and may also be
challenged in court; and,
Whereas
the PFF recommends the use of Section 37 money – usually used to enhance
neighbourhood parks, trails and other local amenities – for arena construction;
and,
Now therefore be it resolved:
1) That
Markham Council rescind its previous approval of the PFF and all other matters
contained in the April 26, 2012 report titled “Markham Sports, Entertainment
and Cultural Centre”; and,
2) That
Markham Council direct staff to terminate all work and negotiations on
operating and cost-sharing agreements within the parameters of the PFF; and
further,
3) That
Markham Council encourage the proponents and others to explore private funding
opportunities for the construction of the building along the lines of the Site
Plan already approved.
Note: Council
directed that the City Clerk arrange a suitable venue for a two-day Special
Council Meeting to consider this motion regarding the Markham Sports,
Entertainment and Cultural Centre.
9. COMMUNICATIONS
Moved by
Councillor Alex Chiu
Seconded by Councillor
Alan Ho
That Council
receive and consent to the disposition of communications in the following
manner:
Referred to Commissioner of
Development Services and City Solicitor
62-2013 ONTARIO MUNICIPAL BOARD (OMB) ORDER
- 1820266 ONTARIO INC. (TIMES GROUP INC.), 4002/4022 HIGHWAY 7; UNIONVILLE DEVELOPMENT CORPORATION (LEE
DEVELOPMENTS), 3972 HIGHWAY 7 EAST; 2124123 ONTARIO LTD. (PEAK GARDEN
DEVELOPMENTS), 3940 HIGHWAY 7 EAST (13.13)
Decision
Summary from the City Solicitor:
On August 28, 2013 the OMB issued a decision regarding the settlement
of appeals by three developers located along Highway 7, of Council’s refusal to
approve various Official Plan amendments, plans of subdivision applications,
and zoning by-law amendments. The
particulars of each application and settlement are described below.
Times Group Corporation (“Times”) at 4002 and 4022 Highway 7 E
Times applied for Official Plan and zoning by-law amendments to permit
two, eight-storey condominium apartment buildings containing a total of 444
apartment dwelling units and 342 square metres of commercial space, and 96
“back-to-back” condominium townhouses with underground parking in the centre of
the lands. Prior to the commencement of
the hearing, Times and the City entered into Minutes of Settlement providing
for a maximum of three apartment buildings with a maximum height of eight
storeys containing a maximum of 393 apartment units, and a maximum of 72
three-storey townhouse units. A public
park use was approved on the north block of the parcel, and a section 37
payment of $560,000 will be required.
Unionville Development Corporation ("Lee") at the northwest
corner
of Highway 7 E and Village Parkway
Lee applied for Official Plan and zoning by-law amendments to permit an
eight-storey apartment block containing a total of 430 apartment dwelling units
and a townhouse block containing 96 units.
Prior to the commencement of the hearing, Lee and the City entered into
Minutes of Settlement providing for a maximum of three apartment buildings with
a maximum height of eight storeys, containing a maximum of 379 apartment units,
and a maximum of 72 three-storey townhouse units. A section 37 payment of $560,000 will be
required.
2124123 Ontario Limited (“Peak”)
at 3940 Highway 7 E
Peak applied for Official Plan and zoning by-law amendments, and
approval of a plan of subdivision, to permit the development of an
eight-storey, 254 unit apartment building, 36 townhouse dwelling units, and an
open space block. Shortly before the
conclusion of the hearing, Peak and the City entered into Minutes of Settlement
providing for a maximum of 262 units on the Peak lands. The first block will contain 228 units,
nineteen of which may be townhouse units, and the second block will contain a
maximum of 36 townhouse units with a maximum height of 12 metres. The maximum height of the apartment building
was set at the lesser of 8 storeys or 30 metres. A section 37 payment of $250,000 will be
required. Peak and the York Region
District School Board (“YRDSB”) were not able to agree on whether the northern
block of the Peak lands should reserved for a school site, or dedicated to the
City as parkland. A Board decision was
required on that issue.
School versus Park
This matter related to a 1.15 acre portion of the Peak lands, known as
Block 3. YRDSB took the position that
Block 3 should be designated and zoned for a partial school site. YRDSB’s evidence was that Block 3, together
with a parcel on the Lee lands, will accommodate an elementary school with an
anticipated capacity of 400 students from the OPA 15 and 21 planning
areas. Peak sought the Board’s approval
to dedicate Block 3 to the City as parkland, and to receive a credit for
parkland dedication. Peak argued that
only students from the OPA 15 area should be considered, yielding only 165
students and making a 400 student school unnecessary. The City took no position on the issue.
After hearing the evidence of two land use planners on behalf of YRDSB
and one land use planner on behalf of Peak, the Board preferred the evidence of
YRDSB and approved the designation of Block 3 as a partial school site. The City and the Region were ordered to revise
Peak’s conditions of Draft Plan approval, and to amend the planning instruments
where necessary, to implement this ruling.
Peak’s obligation to pay cash-in-lieu of parkland dedication to the City
will be secured through the amended conditions, and the total payment will also
be determined as part of that process.
The Hearing and Decision
In addition to the City, YRDSB and the developers, the other parties to
the hearing were the Region, the Village Parkway Residents Association
(“VPRA”), and the Unionville Ratepayers Association (“URA”). Prior to the execution of the Minutes of
Settlement between Peak and the City, the parties provided evidence regarding
traffic; school site vs. park on Peak’s land; cost sharing; and planning. However, ultimately all the parties but the
VPRA and URA supported the proposed settlements, subject to the continued
disagreement over the school site on Peak’s lands. VPRA and URA opposed the settlements on the
basis of density, housing form, scale, incompatibility with surrounding built
forms, and traffic concerns.
After hearing evidence presented on behalf of all the parties, the
Board ruled that the school permissions on the north portion of the Peak lands
were appropriate, and approved the settlements, including the Official Plan and
zoning by-law amendments as well as the Peak draft Plan of Subdivision, as
presented by the City and the appellants.
(See By-laws 2013-147 to 2013-152 approved by
OMB)
CARRIED
10. PROCLAMATIONS
There were no
proclamations.
11. NEW/OTHER BUSINESS
There was no
new/other business.
12. BY-LAWS
Moved by Regional
Councillor Jim Jones
Seconded by
Councillor Alex Chiu
That By-laws
2013-153, 2013-155 and 2013-156 be given three readings and enacted.
CARRIED
Ontario Municipal Board (OMB)
Approved By-laws
BY-LAW 2013-147 A BY-LAW TO ASSIGN OFFICIAL PLAN AMENDMENT NO. 210 APPROVED BY
ONTARIO MUNICIPAL BOARD (OMB) - 1820266 ONTARIO INC. (TIMES GROUP INC.),
4002/4022 HIGHWAY 7.
(Communication No. 62-2013)
OPA
(By-law 2013-147 approved by OMB - For information only to
facilitate the assignment of a by-law number)
BY-LAW 2013-148 A BY-LAW TO AMEND BY-LAW 118-79, AS AMENDED, APPROVED BY ONTARIO
MUNICIPAL BOARD (OMB) - 1820266 ONTARIO INC. (TIMES GROUP INC.), 4002/4022 HIGHWAY 7.
(Communication No. 62-2013)
By-law
(By-law 2013-148 approved by OMB - For information only to
facilitate the assignment of a by-law number)
BY-LAW 2013-149 A BY-LAW TO ASSIGN OFFICIAL PLAN AMENDMENT NO. 211 APPROVED BY
ONTARIO MUNICIPAL BOARD (OMB) - UNIONVILLE DEVELOPMENT CORPORATION (LEE
DEVELOPMENTS), 3972 HIGHWAY 7 EAST.
(Communication No. 62-2013)
OPA
(By-law 2013-149 approved by OMB - For information only to
facilitate the assignment of a by-law number)
(Communication No. 62-2013)
By-law
(By-law 2013-150 approved by OMB - For information only to
facilitate the assignment of a by-law number)
BY-LAW 2013-151 A BY-LAW TO ASSIGN OFFICIAL PLAN AMENDMENT NO. 212 APPROVED BY
ONTARIO MUNICIPAL BOARD (OMB) - 2124123 ONTARIO LTD. (PEAK GARDEN DEVELOPMENT),
3940 HIGHWAY 7 EAST.
(Communication No. 62-2013)
OPA
(By-law 2013-151 approved by OMB - For information only to
facilitate the assignment of a by-law number)
BY-LAW 2013-152 A BY-LAW TO AMEND BY-LAW 118-79, AS AMENDED, APPROVED BY ONTARIO
MUNICIPAL BOARD (OMB) - 2124123 ONTARIO LTD. (PEAK GARDEN DEVELOPMENT), 3940
HIGHWAY 7 EAST.
(Communication No. 62-2013)
By-law
(By-law 2013-152 approved by OMB - For information only to facilitate
the assignment of a by-law number)
Three Readings
BY-LAW 2013-153 UPPER UNIONVILLE INC. - PART LOT CONTROL EXEMPTION BY-LAW
- A by-law to designate part of a certain
plan of subdivision not subject to Part Lot Control, north of 16th
Avenue and east of Kennedy Road, Lots 82, 102, 362, 363, 364, 365, 366,
422, 423, 424, 430, 431, 472, 485, 489, 490, 491, 502, 503, 504 and 518 and
Blocks 565, 566, 569 and 570, Plan 65M-4325.
By-law
CARRIED
BY-LAW 2013-155 2271850 ONTARIO LIMITED - PART LOT CONTROL EXEMPTION BY-LAW
By-law
- A by-law to designate part of a certain
plan of subdivision not subject to Part Lot Control, Blocks 87, 88, 89, 90, 91,
92, Plan 65M-4328, west of Woodbine Avenue and north of Elgin Mills Road.
CARRIED
BY-LAW 2013-156 A BY-LAW TO AMEND PARKING BY-LAW 2005-188 – DARREN HILL TRAIL
PARKING PROHIBITION
(Item No. 4, Report No. 37)
By-law
CARRIED
13. IN-CAMERA ITEMS
Council
consented to not resolve into in-camera session and to report out the following
item, as proposed, at open Council session:
(1) LABOUR
RELATIONS OR EMPLOYEE NEGOTIATIONS
(CUPE INSIDE & OUTSIDE COLLECTIVE BARGAINING) (11.0)
[Section 239 (2) (d)]
Council
reported out the items as follows:
GENERAL
COMMITTEE – September 23, 2013
(1) CUPE INSIDE &
OUTSIDE
COLLECTIVE BARGAINING (11.0)
Moved by Regional
Councillor Joe Li
Seconded by Councillor
Don Hamilton
1) That the Corporation of
the City of Markham work to negotiate 2013 renewal collective agreements with
the Canadian Union of Public Employees (CUPE) Local 905, Inside and Outside
Units, as presented at the Restricted General Committee meeting held on
September 23, 2013.
CARRIED
14. CONFIRMATORY BY-LAW
Moved by
Councillor Alex Chiu
Seconded by Councillor
Howard Shore
That By-law 2013-154
be given three readings and enacted.
Three Readings
BY-LAW 2013-154 A BY-LAW TO CONFIRM THE PROCEEDINGS OF THE COUNCIL MEETING OF
SEPTEMBER 24, 2013.
By-law
CARRIED
15. ADJOURNMENT
Moved by Councillor
Alex Chiu
Seconded by Councillor
Colin Campbell
That the Council Meeting be adjourned at 7:35 p.m.
CARRIED
_________________________________ _______________________________
KIMBERLEY
KITTERINGHAM FRANK
SCARPITTI
CITY CLERK MAYOR
(Signed)