Council
Minutes
September
27, 2016, 7:00 PM
Council
Chamber, Anthony Roman Markham Civic Centre
Meeting No. 14
Alternate
formats for this document are available upon request
Roll
Call
Mayor Frank
Scarpitti, Deputy Mayor Jack Heath, Regional Councillor Jim Jones, Regional
Councillor Joe Li, Regional Councillor Nirmala Armstrong, Councillor Valerie
Burke, Councillor Alan Ho, Councillor Don Hamilton, Councillor Karen Rea,
Councillor Colin Campbell, Councillor Amanda Collucci, Councillor Logan
Kanapathi, Councillor Alex Chiu.
Staff
Andy Taylor, Chief
Administrative Officer
Catherine Conrad, City
Solicitor and Acting Director of Human Resources
Biju Karumanchery, Director of Planning and Urban
Design
Trinela Cane, Commissioner
of Corporate Services
Brenda Librecz, Commissioner
of Community and Fire Services
Raj Raman,
Mayor's Chief of Staff
Dennis Flaherty, Director of
Communications and Community Relations
Kimberley Kitteringham, City Clerk
Martha Pettit, Deputy City Clerk
John Wong, Technology
Support Specialist
The meeting of
Council convened at 7:07 PM on September 27, 2016 in the Council Chamber.
Mayor Frank
Scarpitti presided.
1. DISCLOSURE OF PECUNIARY INTEREST
(1) None
declared.
2. MINUTES
(1) COUNCIL MINUTES - SEPTEMBER 13, 2016
Minutes
Moved by Councillor
Alex Chiu
Seconded by Councillor
Valerie Burke
1) That the Minutes of the
Council Meeting held on September 13, 2016, be adopted.
Carried
3. PRESENTATIONS
There were no
presentations.
4. DELEGATIONS
(1) DELEGATIONS
- P.A.R.C.E.L. INC., 28 LANGSTAFF RD (10.5)
The following individuals
addressed Council regarding the application to permit a medical office and pharmacy on a temporary
basis at 28 Langstaff Road East:
1. Roger Altobelli, Geofocus Construction
Group, on behalf of P.A.R.C.E.L Inc., spoke in support
of the application.
2. Sam Balsamo, Condor Properties, spoke in opposition to the
application.
3. Esmaeil Taeb,
P.A.R.C.E.L Inc., spoke in support of the application.
4. Dr. Bijan Pardis, Director, P.A.R.C.E.L Inc., spoke in support of the application.
(See Item No. 1, Report No. 32 for Council's decision on
this matter)
(2) DELEGATION
REGARDING RECOMMENDATION
FROM THE AUGUST 23, 2016
LICENSING COMMITTEE HEARING
(125 TILMAN CIRCLE) (2.0)
Jacquie Cushing Dill
addressed Council and spoke in support of the removal of a honeylocust tree at
125 Tilman Circle.
(See New/Other Business Item
No. 3 for Council's decision on this matter)
5. PETITIONS
There were no
petitions.
6(A) REPORT NO. 32 - DEVELOPMENT SERVICES
COMMITTEE
(September 19, 2016)
Moved by Regional
Councillor Jim Jones
Seconded by Councillor
Don Hamilton
That Report No. 32 - Development Services
Committee comprised of 1 item be received and adopted.
(1) RECOMMENDATION
REPORT, P.A.R.C.E.L. INC.,
ZONING BY-LAW AMENDMENT
APPLICATION
TO PERMIT A MEDICAL OFFICE AND
PHARMACY
ON A TEMPORARY BASIS AT 28
LANGSTAFF ROAD EAST
File No. ZA 15 156923 (10.5)
Report
Sam
Balsamo, Condor Properties, owner of an abutting property, appeared before
Council and advised he is in support of the report recommendation. He expressed concern that if this use were to
be allowed at this location, Council would be setting a precedent and ignoring
the City’s established zoning policy for this area.
Council
Members commended the applicant on the good work that is undertaken at the
medical facility, but cited concerns with non-compliance with the zoning for
the area and the numerous Building and Fire Code violations that were filed
against the property. Council Members
noted that the extensive work required to remedy the Code violations does not
support the idea of the facility being a temporary use.
Moved by Regional
Councillor Jim Jones
Seconded by Councillor
Don Hamilton
1) That
the report titled “Recommendation Report, P.A.R.C.E.L. Inc., Zoning By-law
Amendment Application to permit a medical office and pharmacy on a temporary
basis at 28 Langstaff Road East, File No. ZA 15 156923” dated September 19,
2016, be received; and,
2) That
the Zoning By-law Amendment Application to permit a medical office and pharmacy
on a temporary basis at 28 Langstaff Road East, File No. ZA 15 156923 be
denied; and further,
3) That
Staff be authorized and directed to do all things necessary to give effect to
this resolution.
Carried by a recorded vote (11:1)
YEAS: Councillor
Valerie Burke, Councillor Don Hamilton, Councillor Karen Rea, Regional
Councillor Nirmala Armstrong, Regional Councillor Jim Jones, Mayor Frank
Scarpitti, , Regional Councillor Joe Li, Councillor Colin Campbell, Councillor
Amanda Collucci, Councillor Logan Kanapathi, Councillor Alex Chiu. (11)
NAYS: Deputy
Mayor Jack Heath. (1)
ABSENT: Councillor
Alan Ho. (1)
6(B) REPORT NO. 33 - DEVELOPMENT SERVICES PUBLIC
MEETING
(September 20, 2016)
Moved by Regional
Councillor Jim Jones
Seconded by Councillor
Don Hamilton
(1) PRELIMINARY
REPORT
APPLICATION BY TINGLAI HUANG
FOR A ZONING BY-LAW AMENDMENT
TO
FACILITATE THE SEVERANCE OF 15
OAKCREST AVENUE
TO CREATE ONE ADDITIONAL
BUILDING LOT
FILE NO. ZA 16 168731 (10.5)
Report
1) That the report dated June 20, 2016
titled “PRELIMINARY REPORT, application by Tinglai
Huang for a Zoning By-law Amendment to facilitate the severance of 15 Oakcrest
Avenue to create one additional building lot (File No. ZA 16 168731)”, be
received; and,
2) That the Record of the Public Meeting
held on September 20, 2016, with respect to the proposed Zoning By-law
Amendment to facilitate the severance of 15 Oakcrest Avenue to create one
additional building lot (File No. ZA 16 168731), be received; and,
3) That the application by Tinglai Huang
to amend the zoning by-law to facilitate severance of 15 Oakcrest Avenue to
create one additional building lot (File No. ZA 16 168731), be approved; and,
4) That the proposed amendment to the
Zoning By-law 122-72, as amended, be enacted without further notice; and
further,
5) That Staff be authorized and directed
to do all things necessary to give effect to this resolution.
Carried
6(C) REPORT NO. 34 - GENERAL COMMITTEE (September
26, 2016)
Moved by Deputy
Mayor Jack Heath
Seconded by Councillor
Colin Campbell
That Report
No. 34 - General Committee comprised of 3 items be received and adopted.
Report
1) That the Report Appointment of Members
to the Markham Mayor’s Youth Council for the period of September 2, 2016 to
June 30, 2017 be received; and,
2) That the following Appointments of
Members to the Markham Mayor’s Youth Council be confirmed for the term September
2, 2016 to June 30, 2017:
|
Name
|
Residential
Ward
|
School
|
Grade
|
|
Jaemin Han
|
2
|
Unionville
H.S
|
9
|
|
Julia Ip
|
3
|
Markham
District H.S
|
10
|
|
Kaitlin Mak
|
4
|
Bur Oak H.S.
|
11
|
|
Megan Niu
|
4
|
Marc Garneau
C.I.
|
10
|
|
Justin Jen
|
4
|
St.
Augustine C.H.S.
|
11
|
|
Jessica
Duncan
|
5
|
Markham
District H.S.
|
10
|
|
Joyce Chan
|
5
|
Unionville
H.S.
|
10
|
|
Vanessa Chan
|
2
|
Bayview S.S
|
11
|
|
Jeffrey
Zhang
|
3
|
Bayview S.S
|
11
|
|
Victor Wang
|
6
|
Pierre Elliott Trudeau H.S.
|
9
|
|
Karthik
Ganapathiraju
|
6
|
Pierre Elliott Trudeau H.S.
|
9
|
|
Aman Mathur
|
7
|
Markville
S.S.
|
10
|
|
Jennifer
Chen
|
7
|
Markham
District H.S.
|
10
|
|
Nicholas
Vadivelu
|
8
|
Marc Garneau
C.I.
|
10
|
|
Leo Xu
|
3
|
Bayview S.S
|
11
|
|
Olivia Chan
|
4
|
Greensborough
|
7
|
|
Janice Xu
|
6
|
Bayview S.S
|
10
|
|
Vivian Liu
|
5
|
Thornhill
S.S
|
9
|
|
Hayley Banks
|
4
|
Markham
District
|
11
|
|
Ashley Vadivelu
|
8
|
Markville
S.S
|
9
|
|
Ashlee Jiang
|
2
|
PACE
|
11
|
|
Lindsay Lee
|
7
|
Markham
District
|
11
|
|
Jake Tyler Koszczewski
|
4
|
Markham
District
|
10
|
|
Jessica Li
|
6
|
Bayview S.S
|
11
|
|
Benny Lam
|
5
|
Bur Oak High
School
|
11
|
; and further,
3) That
Staff be authorized and directed to do all things necessary to give effect to
this resolution.
Carried
(2) MINUTES
OF THE AUGUST 10, 2016
ENVIRONMENTAL ISSUE COMMITTEE
(16.0)
Minutes TreesForTomorrow MESF
1) That the minutes of the August 10, 2016 Environmental Issues
Committee meeting be received for information purposes; and,
2) That the following recommendations regarding “Markham Trees for Tomorrow Funding” adopted at the August 10, 2016
Environmental Issues Committee be endorsed:
"1. That
the report entitled "Markham Trees for Tomorrow Fund: Funding Report 2016," be received; and,
2. That the
funding application for 10,000 Trees for the Rouge in the amount of $19,000,
for their 27th Annual Wildlife Habitat Restoration Project in the Southeast
section of Milne Park be approved; and,
3. That the
funding application for Friends of the Rouge Watershed in the amount of $19,500
to support their 2016 Restoration Project proposal to restore more than 2
hectares of new forest cover by planting 3,500 trees and 1,000 shrubs at 3
sites in the Rouge Watershed be approved; and,
4. That the
funding application for Evergreen in the amount of $24,000, for their Watershed
Champions: Community Greening Initiative, be approved; and,
5. That the
funding application for LEAF (Local Enhancement and Appreciation of Forests) in
the amount of $16,700 to support LEAF's Backyard Tree Planting Program be
approved; and,
6. That the
total amount of $79,200 be funded from the 2016 Markham Trees for Tomorrow
Capital Project account #700-101-5399-16171; and further,
7. That staff
be authorized and directed to do all things necessary to give effect to this
resolution"; and further,
3) That the following recommendations regarding “Markham Environmental
Sustainability Fund (MESF) Funding” adopted at the August 10, 2016 Environmental Issues Committee be
endorsed:
"1. That
the report entitled "Markham Environmental Sustainability Fund (MESF),
Funding Application Spring 2016," be received; and,
2. That
the funding application by Unionville Public School for an Outdoor Classroom initiative,
for $5,000, be approved; and,
3. That
the funding application by the Markham Sustainability Office for the Glencrest
Park Revitalization project, for $10,000, be approved; and,
4. The
funding application by Re-Play Ontario for a Sports Equipment Reuse Program,
for $10,000, be received; and,
5. That
the funding application by Canadian Urban Transit Research & Innovation
Consortium (CUTRIC) for an Electric School Bus Feasibility Study, for $10,000,
not be approved due to concerns with the efficiency and effectiveness of the
study, including technology concerns and lack of School Board participation;
and,
6. That
the funds totalling $15,000 be provided from the 2016 Markham Environmental
Sustainability Fund (MESF), account #87 2800168; and further,
7. That
staff be authorized and directed to do all things necessary to give effect to
this resolution."
Carried
(3) MULTI-RESIDENTIAL
BULK
COLLECTION SERVICES REPORT (5.1)
Report
1) That the report entitled “Multi-residential
Bulk Collection Services Update” be received; and,
2) That
Staff be authorized to include multi-residential bulk collection services
(including the multi-residential collection system enhancements outlined in this
report) in the collection contract with Miller Waste Systems, in a form satisfactory to the
Commissioner, Community & Fire Services and the City Solicitor; and,
3) That
the Mayor and City Clerk be authorized to execute the multi-residential bulk collection services
contract with Miller Waste Systems, in a form satisfactory to the Commissioner,
Community & Fire Services and the City Solicitor; and,
4) That
the Diversion Sub Committee develop a multi-residential diversion program
including expanded on site diversion opportunities for textiles, electronics and household goods; 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
There were no
communications.
10. PROCLAMATIONS
(1) PROCLAMATION
AND FLAG RAISING REQUESTS (3.4)
Info
Moved by Councillor
Alex Chiu
Seconded by Councillor
Valerie Burke
1) That the following proclamations, issued by the City Clerk
in accordance with the City of Markham Proclamation Policy, be received for
information purposes:
- Prostate
Cancer Month (September 2016)
- German Pioneers Day
(October 11, 2016; and,
2) That the following new request for
proclamation, issued by the City Clerk in accordance with the City of Markham
Proclamation Policy, be received and added to the Five-Year Proclamations List
approved by Council:
- Markham Group of
Artists Month (October 2016); and further,
3) That the following
request 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:
- German Pioneers Day
(October 11, 2016).
Carried
11. NEW/OTHER BUSINESS
(1) RECOMMENDATION
FROM THE AUGUST 18, 2016
LICENSING COMMITTEE HEARING
(6007 16TH AVENUE)
(2.0)
Moved by Deputy
Mayor Jack Heath
Seconded by Councillor
Don Hamilton
1) That
the following recommendation of the Licensing Committee from the Hearing held
on August 18, 2016 be approved and adopted:
"1. That
the application to remove a Norway spruce tree at 6007 16th Avenue,
Markham, be denied; and,
2. That
City Operations Staff be requested to advise the applicant on proper trimming
and lightening of the branches for the Norway spruce tree."
Deferred
(See following to defer)
Moved by
Deputy Mayor Jack Heath
Seconded by Councillor Don Hamilton
That the recommendation of the Licensing Committee from the Hearing
held on August 18, 2016 regarding the removal a Norway spruce tree at 6007 16th
Avenue be deferred.
Carried
(2) RECOMMENDATION
FROM THE AUGUST 22, 2016
LICENSING COMMITTEE HEARING
(12 SHIELDMARK CRESCENT) (2.0)
Moved by
Deputy Mayor Jack Heath
Seconded by
Councillor Don Hamilton
1) That
the following recommendation of the Licensing Committee from the Hearing held
on August 22, 2016 approved and adopted:
"1. That the application
to remove a katsura tree at 12 Shieldmark Crescent, Markham, be approved, with
the following condition:
a) That
the applicants provide for one replacement tree at the subject property in a
size and native species deemed appropriate by staff, by 2017, or provide a
cash-in-lieu payment of $300.00 per tree; and,
2. That
the recommendations are based on the unique characteristics of this case only
and are neither intended to be precedent setting nor to be used as a basis for
future cases."
Deferred
(See following to defer)
Moved by
Deputy Mayor Jack Heath
Seconded by Councillor Don Hamilton
That the recommendation of the Licensing Committee from the Hearing
held on August 22, 2016 regarding the removal a katsura tree at 12 Shieldmark
Crescent be deferred.
Carried
(3) RECOMMENDATION
FROM THE AUGUST 23, 2016
LICENSING COMMITTEE HEARING
(125 TILMAN CIRCLE) (2.0)
Moved by Councillor Don Hamilton
Seconded by Councillor Logan Kanapathi
1) That
the following recommendation of the Licensing Committee from the Hearing held
on August 23, 2016 be approved and adopted:
"1. That
the application
to remove a honeylocust tree at 125 Tilman Circle, Markham, be denied."
Deferred
(See following to defer)
(See following to consider the matter)
Moved by Councillor Don Hamilton
Seconded by Councillor Logan Kanapathi
That the
recommendation of the Licensing Committee from the Hearing held on August 23,
2016 regarding the removal a honeylocust tree at 125 Tilman Circle be
deferred until the home owner provides the City of Markham with an opinion from
an independent certified arborist as to the need for the removal of the tree
for safety reasons; and,
That in the event the removal of the tree is necessary for safety
reasons, staff provide an outline to Council regarding the potential costs and
tree types associated with the replanting of new trees.
Carried
Moved by Councillor Karen Rea
Seconded by Councillor Don Hamilton
That Council consider the recommendation of the Licensing Committee
from the Hearing held on August 23, 2016 regarding the removal a honeylocust tree at 125 Tilman
Circle immediately following
the delegation with respect thereto.
Carried
12. BY-LAWS
Moved by Councillor
Amanda Collucci
Seconded by Councillor
Karen Rea
That By-laws 2016-101
to 2016-104 be given three readings and enacted.
Three Readings
BY-LAW 2016-101 A BY-LAW TO CLOSE A PORTION OF CORNELL ROUGE BOULEVARD
(Part of
Lots 13 and 14, Concession 9, more particularly described as Block 99, Plan
65M-4093 and Part of Block 173 on Plan 65M-4014, described as Part 1, Plan
65R-36403, are hereby stopped up and closed)
By-law
Carried
BY-LAW 2016-102 ROAD DEDICATION BY-LAW (DELRAY DRIVE AND FIMCO CRESCENT)
A by-law to dedicate certain lands as part of the highways of the
City of Markham (Part of Lot 20, Concession 8, Block 53, Plan 65M-4333 - Delray
Drive)
By-law
Carried
BY-LAW 2016-103 GENNARO BRUNO, 22 AND 24 RIVER BEND ROAD,
ZONING BY-LAW AMENDMENT
A by-law to amend By-law 122-72, as amended, to
facilitate a severance to create two additional building lots, the demolition
of the two existing dwellings and the construction of four new two-storey dwellings, one on each
lot.
(Item No. 1, Report No. 27 - June 28, 2016
Council Meeting)
By-law
Carried
BY-LAW 2016-104 ROAD DEDICATION BY-LAW (WILLIAM FORSTER ROAD)
A by-law to dedicate certain lands as part of the highways of the
City of Markham (Part of Lots 12 and 13, Concession 9, designated as Part 12,
Plan 65R-34812 -William Forster Road)
By-law
Carried
13. IN-CAMERA ITEMS
Council
consented to not resolve into in-camera session to discuss the following
matters:
(1) PERSONAL MATTERS ABOUT AN IDENTIFIABLE INDIVIDUAL, INCLUDING
MUNICIPAL OR LOCAL BOARD EMPLOYEES
(RESIGNATIONS TO
BOARDS/COMMITTEE) (16.24)
[Section 239 (2) (b)]
(2) A PROPOSED OR PENDING ACQUISITION OR DISPOSITION OF LAND BY
THE MUNICIPALITY OR LOCAL BOARD (PROPERTY MATTER IN WARD 2) (8.6)
[Section 239 (2) (c)]
The in-camera
items were approved by Council as follows:
(1) RESIGNATIONS
TO
BOARDS/COMMITTEES (16.24)
Moved by Deputy
Mayor Jack Heath
Seconded by Councillor
Alex Chiu
1)
That the resignation of Amol Rao
from the 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 Brendan Faulkner from the Advisory Committee
on Accessibility be received with regret for information purposes and that
a letter of appreciation be forwarded by Mayor Frank Scarpitti; and,
3)
That the resignation of Claire Chester from the Markham Public
Library Board be received with regret for information purposes and that a
letter of appreciation be forwarded by Mayor Frank Scarpitti; and further,
4) That the resignation of Ivan
Cheung from the Public Realm Advisory Committee be received with regret
for information purposes and that a letter of appreciation be forwarded by
Mayor Frank Scarpitti.
Carried
(2) REPORTING OUT OF REAL
PROPERTY
ACQUISITION - 11106 WARDEN AVENUE (8.6)
Report
Moved by Deputy
Mayor Jack Heath
Seconded by Councillor
Alex Chiu
1) That the report entitled “Reporting Out
Of Real Property Acquisitions – 11106 Warden Avenue” be received; and,
2) That
that Staff be authorized and directed to take the actions set out in this
report.
Carried
14. CONFIRMATORY BY-LAW
Moved by Councillor
Logan Kanapathi
Seconded by Regional
Councillor Joe Li
That By-law 2016-105
be given three readings and enacted.
Three Readings
BY-LAW 2016-105 A BY-LAW TO CONFIRM THE PROCEEDINGS OF THE COUNCIL MEETING OF
SEPTEMBER 27, 2016.
By-law
Carried
15. ADJOURNMENT
Moved by Councillor
Alex Chiu
Seconded by Regional
Councillor Nirmala Armstrong
That the Council Meeting be adjourned at 9:23 PM.
Carried
________________________________ _____________________________
Kimberley
Kitteringham Frank
Scarpitti
City
Clerk Mayor
(Signed)