Council
Minutes
March
1, 2016, 7:00 PM
Council
Chamber, Anthony Roman Markham Civic Centre
Meeting No. 3
Alternate
formats for this document are available upon request
Roll
Call
Mayor Frank
Scarpitti, 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.
Regrets
Deputy Mayor
Jack Heath.
Staff
Andy Taylor, Chief
Administrative Officer
Catherine Conrad, City
Solicitor and Acting Director of Human Resources
Jim Baird, Commissioner of
Development Services
Trinela Cane, Commissioner
of Corporate Services
Brenda Librecz, Commissioner
of Community and Fire Services
Dennis Flaherty, Director of
Communications and Community Relations
Raj Raman,
Mayor's Chief of Staff
Kimberley
Kitteringham, City Clerk
Martha Pettit, Deputy City Clerk
John Wong, Technology
Support Specialist
Meg West, Manager, Strategic Initiatives
Andrea Tang, Senior Manager of Financial Planning
The meeting of
Council convened at 7:07 PM on March 1, 2016 in the Council Chamber. Mayor Frank Scarpitti presided.
1. DISCLOSURE OF PECUNIARY INTEREST
(1) None
declared.
2. MINUTES
(1) COUNCIL MINUTES – FEBRUARY 16, 2016
Minutes
Moved by Councillor
Alex Chiu
Seconded by Councillor
Valerie Burke
1) That the Minutes of the
Council Meeting held on February 16, 2016, be adopted.
Carried
3. PRESENTATIONS
(1) YORK
UNIVERSITY MARKHAM CAMPUS UPDATE (8.0)
Bud Purves,
President, York University Development Corporation, provided a verbal update on
the York University Markham Campus. He noted
the Provincial Budget mentioned York University which has energized interest
and that the York University is working on a schedule to start the construction
of the campus by 2018.
Moved by Councillor
Don Hamilton
Seconded by
Regional Councillor Nirmala Armstrong
That the verbal
presentation provided by Bud Purves, President, York University Development
Corporation, on the York University Markham Campus update, be received.
Carried
4. DELEGATIONS
There were no
delegations.
5. PETITIONS
There were no
petitions.
6(A) REPORT NO. 4 - DEVELOPMENT SERVICES PUBLIC
MEETING
(February 23, 2016)
Moved by Regional
Councillor Jim Jones
Seconded by Councillor
Don Hamilton
(1) PRELIMINARY
REPORT
1307306 ONTARIO LTD. &
1307307 ONTARIO LTD.
(WHITTAMORE’S FARM)
PROPOSED OFFICIAL PLAN AND ZONING
BY-LAW AMENDMENTS
TO ALLOW FOR THE FUTURE
SEVERANCE OF
THREE RESIDENTIAL DWELLINGS ON
PORTIONS OF THE
SUBJECT LANDS, MUNICIPALLY
KNOWN AS 7150, 7186 AND
7200 11TH CONCESSION
FILES ZA 15-152217 & OP
15-152217 (10.3, 10.5)
Report
1) That
the record of the Public Meeting held on February 23, 2016, with respect to the
proposed Official Plan and Zoning By-law Amendment applications for 7150, 7186
and 7200 11th Concession Road, submitted by 1307306 & 1307307 Ontario Ltd.
(Whittamore’s Farm), Files OP 15 152217 and ZA 15 152217, be received; and,
2) That
the Official Plan Amendment application (File OP 15 152217) submitted by
1307306 & 1307307 Ontario Ltd. (Whittamore’s Farm) to amend the In-force
City of Markham Official Plan (revised 1987), as amended to permit the future
severance of three existing residential dwellings on portions of the subject
lands, be approved; and,
3) That
the Zoning By-law Amendment application (File ZA 15 152217) submitted by
1307306 & 1307307 Ontario Ltd. (Whittamore’s Farm) to amend Zoning By-law
304-87, as amended, and rezone portions of the subject lands from Agricultural
One (A1) to a Rural Residential Zone, be approved; and further,
4) That
the Official Plan amendment to the In-force Official Plan (Revised 1987), as
amended, be adopted and forwarded to York Region for approval.
Carried
6(B) REPORT NO. 5 - GENERAL COMMITTEE (February
29, 2016)
Moved by Councillor
Colin Campbell
Seconded by Councillor
Amanda Collucci
(1) ICE
ALLOCATION UPDATE (6.1)
Extract Report
Moved by Councillor
Colin Campbell
Seconded by
Councillor Amanda Collucci
1) That the report entitled “Ice Allocation Policy Revision” be
received; and,
2) That Council approves the following principles to guide the Ice
Allocation Policy:
Guiding Principles:
•
City facilities
are built for the benefit of Markham residents and are funded by Markham
residents.
•
All members of
the community should have opportunity to access city facilities regardless of
physical, financial, social or environmental barriers.
•
City facilities
serve as a fabric of the community creating opportunities for individuals to
connect to one another and the community.
•
City facilities
provide an excellent environment to promote, encourage and facilitate lifelong
active living.
Policy Principles:
•
Allocations will
be handled in an open and transparent manner.
•
An Allocation
Policy will ensure the distribution of City facilities in a fair and equitable
manner, respecting issues of accessibility.
•
Allocations will
be reviewed on an annual basis.
•
Groups meeting
Markham residency requirements will receive priority.
•
Children/Youth
should receive preference of hours when allocating time.
•
Where facility
demand exceeds supply, the City may have to limit the emergence of new user
groups; and,
3) That
Council approves the recommended ice allocation formula outlined in this report
which allocates ice by category, residency, and banding; and,
4) That
Council approve the inclusion of ‘L4J’ postal code as a means to calculate
residency numbers for users of City ice pads where no further ice allocation
has been granted by other municipalities ; and,
5) That staff be directed to report back to
General Committee on instances where user groups have had a reduction of five
(5) hours or more of ice allocation and that staff meet with those user groups
to investigate ways to mitigate the reduction by offering early morning hours
and unallocated ice times; and,
6) That staff respond to the concerns raised in various emails
to Members of Council and staff by user groups; and further,
7) That
staff be authorized and directed to do all things necessary to give effect to
this resolution.
Carried by a recorded vote (10:2)
(See
following recorded vote)
YEAS: Councillor
Alan Ho, Councillor Don Hamilton, Councillor Karen Rea, Regional Councillor Jim
Jones, Mayor Frank Scarpitti, Regional Councillor Joe Li, Councillor Colin
Campbell, Councillor Amanda Collucci, Councillor Logan Kanapathi, Councillor
Alex Chiu. (10)
NAYS: Councillor
Valerie Burke, Regional Councillor Nirmala Armstrong. (2)
ABSENT: Deputy
Mayor Jack Heath.
Council consented to add the
following as Resolution No. 6 to the proposed recommendation from the February
29, 2016 General Committee meeting:
"6) That
staff respond to the concerns raised in various emails to Members of Council
and staff by user groups;"
(2) AWARD OF TENDER
002-T-16 TREE PLANTING
- SUPPLY, INSTALL, WATER AND WARRANTY
OF TREE PLANTING (7.12)
Report
1) That the report entitled “Award of Tender 002-T-16 Tree Planting –
Supply, Install, Water and Warranty” be received; and,
2) That contract 002-T-16 for the Supply, Install, Water and Warranty
of Tree Planting throughout the City be awarded to the lowest priced bidder (Salivan Landscape Ltd. for
Area 1 and 1913574 Ontario Inc.,
Royal Oak Tree Services Inc. for Area 2) for two years
in following amounts:
·
2016 -
$2,212,475.08
·
2017 -
$1,738,185.96; and,
3) That
the 2016 award be funded from accounts as detailed in the Financial
Considerations Section; and,
4) That
balance remaining in the 2014 and 2015 Boulevard/Parks Planting totaling
$10,194 be returned to original funding source; and,
5) That
balance remaining in the Forestry – Contracted Services account (730-734-5399)
of $2,359 be reported as part of the year-end operating variance and the 2017
operating budget will be amended accordingly; and,
6) That
Staff be authorized to amend the award amount in 2017 to reflect changes to
Capital budget accounts based upon volume changes, subject to Council approval
of the 2017 budget; and further,
7) That
Staff be authorized and directed to do all things necessary to give effect to
this resolution.
Carried
(3) CONTRACT EXTENSION FOR
007-T-09
CATCH BASIN CLEANING (7.12)
Report
1) That the report entitled “Contract Extension for 007-T-09 Catch
Basin Cleaning” be received; and,
2) That
contract 007-T-09 Catch Basin Cleaning be extended to Flow Kleen Tech Ltd. for
an additional four (4) years (2016-2019) with price increase of 15.9%, 5%, 2.5%
and 2.5% for the years 2016, 2017, 2018 and 2019 respectively in the estimated
total amount of $1,345,620 inclusive of HST impact;
·
2016 - $318,158
·
2017 - $334,066
·
2018 - $342,418
·
2019 - $350,978;
and,
3) That
the tendering process be waived in accordance with Purchasing By-Law 2004-341,
Part II, Section 7 (1) (c) which states “when the extension of an existing
contract would prove more cost-effective or beneficial”; and,
4) That
funds be provided from the budget accounts as listed in the Financial Considerations
in the amount of $318,158 inclusive of HST impact; and,
5) That
the award for 2016 – 2019 be funded from the respective years operating budget
accounts subject to Council approval of the annual operating budgets; and
further,
6) That
Staff be authorized and directed to do all things necessary to give effect to
this resolution.
Carried
(4) 2015
YEAR-END REVIEW OF OPERATIONS (7.4)
Presentation Report Appendices
1-13
1) That the report entitled “2015 Year-End Review of Operations” be received;
and,
2) That the City’s 2015 net favourable variance of $3.28M be
transferred to the Corporate Rate Stabilization Reserve as per the following
breakdown:
a. City’s day-to-day operating surplus $4.47M
b. Year-end accounting accruals and other adjustments ($1.87M)
c. Winter maintenance favourable variance $0.68M
Total
$3.28M; and further,
3) That
Staff be authorized and directed to do all things necessary to give effect to
this resolution.
Carried
(5) ANNUAL WATER QUALITY
REPORT
(JANUARY - DECEMBER 2015) (5.3)
Report Attachment
A
1) That
the report titled “Annual Water Quality Report (January-December 2015)” 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 2015 Regulatory Water Quality Report (Attachment “A”),
containing information for the Ministry
of the Environment and Climate Change (MOECC) 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 acknowledge that staff posted the Annual 2015 Detailed Regulatory Water
Quality Report on the City’s website and that it has been made available
electronically and in hard copy version by February 28, 2016 as per
regulations; and further,
4) That
Staff be authorized and directed to do all things necessary to give effect to
this resolution.
Carried
6(C) REPORT NO. 6 - DEVELOPMENT SERVICES
COMMITTEE (March 1, 2016)
Moved by Regional
Councillor Jim Jones
Seconded by Councillor
Don Hamilton
(1) 14TH
AVENUE AT NINTH LINE (5.10)
Presentation RickyTsui
Moved by Regional
Councillor Jim Jones
Seconded by Councillor
Don Hamilton
1) That the deputations by Angelica Gutierrez, Jim Beauchamp,
Ian Foulds, Nimisha Patel, Balasunderam Ponniah, and Nimisha Patel regarding 14th
Avenue at Ninth Line, to Development Services Committee on March 1, 2016, be
received; and,
2) That the 40 e-mails (addressed to Nimisha Patel) and a
petition from area residents in objection to signalizing 14th Avenue
at Ninth Line, submitted by Nimisha Patel to Development Services Committee on
March 1, 2016, be received; and,
3) That the email dated March 1, 2016 from Ricky Tsui,
submitted to Council on March 1, 2016, be received; and,
4) That the presentation provided by Brian Titherington,
Director, Roads and Traffic Operations, Region of York entitled "14th
Avenue at Ninth Line" be received; and,
5) That the Region of York be requested to come back with
further details on the proposed signalization and intersection improvements,
including design elements, monitoring, the location of the intersection within
the hamlet and speed mitigation measures; and further,
6) That City of Markham staff and Region of York staff be
requested to meet with three representatives of the community to review the
proposed intersection design.
Carried by a recorded vote (9:3)
(See following recorded vote)
YEAS: Councillor
Alan Ho, Councillor Don Hamilton, Regional Councillor Jim Jones, Mayor Frank
Scarpitti, Regional Councillor Joe Li, Councillor Colin Campbell, Councillor Amanda
Collucci, Councillor Logan Kanapathi, Councillor Alex Chiu. (9)
NAYS: Councillor
Valerie Burke, Councillor Karen Rea, Regional Councillor Nirmala Armstrong. (3)
ABSENT: Deputy
Mayor Jack Heath.
Council consented to the following amendments
to the proposed recommendation from the March 1, 2016 Development Services
Committee meeting:
- Receive Ricky Tsui's email dated March 1, 2016 as
Resolution No. 3.
- Delete the following proposed Resolution No. 5:
"5) That the Region of York be requested to come back with
further details on the proposed signalization and intersection improvements,
including design elements, monitoring, and other issues as defined."
and replace with the following
revised Resolution No. 5:
"5) That the Region of York be requested to come back with further
details on the proposed signalization and intersection improvements, including
design elements, monitoring, the location of the intersection within the hamlet
and speed mitigation measures;"
"6) That City of Markham
staff and Region of York staff be requested to meet with three representatives
of the community to review the proposed intersection design."
(2) PARTIAL
ADVANCEMENT OF PHASE 3
OF MARKHAM’S NEW COMPREHENSIVE
ZONING BY-LAW
PROJECT & PROPOSED SOLE
SOURCING OF
CONSULTANTS, PR 13 128340
(10.5)
Report
1) That
the report titled, “Partial Advancement of Phase 3 of Markham’s New
Comprehensive Zoning By-law Project & Proposed Sole Sourcing of
Consultants, PR 13 128340” dated March 1, 2016, be received; and,
2) That
Staff be authorized to advance work on a portion of Phase 3 of the Project
(drafting and processing of the New Comprehensive Zoning By-law) to complete
work on new zoning and licensing regulations for short term residential rental
accommodations (i.e., AirBnB), rooming houses and secondary suites (Phase 3a);
and,
3) That
the tendering process be waived for Gladki Planning Associates (“GPA”) in
accordance with Purchasing By-Law 2004-341, Part I, Section (7) Non Competitive
Procurement, item 1(c) “when the extension of an existing contract would prove
more cost-effective or beneficial”; and,
4) That
the Contract for 043-S-16: Consulting Services for (drafting and processing of
the New Comprehensive Zoning By-law) to complete work on new zoning and
licensing regulations for short term residential rental accommodations (i.e.,
AirBnB), rooming houses and secondary suites (Phase 3a), be awarded to GPA in
the amount of $105,372.48 inclusive of HST; and,
5) That
a contingency in the amount of $10,537.25 (10%), inclusive of HST impact to
cover any additional project costs be approved, and that authorization be granted
to approve expenditures of this contingency amount up to the specified limit in
accordance with the Expenditure Control Policy; and,
6) That
the award to GPA in the amount of $115,909.73 ($105,372.48 + $10,557.25)
inclusive of HST impact be funded from 620-101-5399-16001 “Consolidated Zoning
By-Law Program – Phase 3 of 4”; and,
7) That
Staff be authorized to establish an inter-departmental Staff working group to
work with GPA on Phase 3a (as noted above), as required; and further,
8) That
Staff be authorized and directed to do all things necessary to give effect to
this resolution.
Carried
(3) HIGHWAY
7 AGREEMENT
WITH ROGERS COMMUNICATIONS
INC. (5.0)
Report
1) That
the staff report entitled, Highway 7 Agreement with Rogers Communications Inc.
be received; and,
2) That
the Mayor and Clerk be authorized to execute an agreement with Rogers
Communications Inc. (“Rogers”) to transfer ownership of the abandoned 300mm
watermain located on Highway 7 (from Warden to the CN Tracks), in a form
satisfactory to the Chief Administrative Officer and the City Solicitor; and
further,
3) That
staff be authorized and directed to do all things necessary to give effect to
this resolution.
Carried
(4) MUP NAMING
(MULTI-USE PATHWAY) (6.3)
Report
1) That
the March 1, 2016 report entitled “MUP Naming” be received; and,
2) That
the name of “Rouge Valley Trail” for the multi-use pathway be approved; and
further,
3) That
staff be authorized and directed to do all things necessary to give effect to
this resolution.
Carried
(5) IBI
GROUP FEASIBILITY STUDY
ON REROUTING OF FREIGHT RAIL
TRAFFIC
IN THE GREATER TORONTO RAIL
NETWORK (5.13)
Report
1) That
Metrolinx be advised that rerouting of freight rail traffic through the City of
Markham is not supported by Markham Council; and,
2) That
Metrolinx be requested to consult directly with the City of Markham on the IBI
Group Feasibility Study before any further detailed studies are carried out;
and,
3) That
staff report back to the Development Services Committee as any further
information becomes available; and,
4) That
the City of Markham strongly objects to the addition of rerouting additional
freight rail traffic through our community, and further, that the Prime
Minister, The Premier, Federal and Provincial Transportation Ministers, local
MPs and MPPs, Region of York, the Cities
of Cambridge, Mississauga, Toronto and Vaughan, the Towns of Milton and
Richmond Hill, Metrolinx, CN Rail and CP Rail, be so advised; and further,
5) That
staff be authorized and directed to do all things necessary to give effect to
this resolution.
Carried
7. MOTIONS
(1) REQUEST
THE GOVERNMENT OF ONTARIO
TO LIMIT THE JURISDICTION OF
THE
ONTARIO MUNICIPAL BOARD (13.2
& 10.0)
Moved by
Councillor Karen Rea
Seconded by Councillor
Valerie Burke
1) That the City of
Markham request that the Province of Ontario undertake a public review of the
mandate and jurisdiction of the Ontario Municipal Board to ensure that the OMB
is respectful of municipal planning policies and local decision making and
complies with Provincial Policy; and,
2) That the Provincial
review include consideration of the amount of costs that may be awarded to
ensure fairness for community participants in the appeal process; and,
3) That a copy of this Motion be sent to the Honourable
Kathleen Wynne, Premier of Ontario; the Honourable Ted McMeekin, Minister of
Municipal Affairs and Housing; the Honourable Patrick Brown, Leader of the
Progressive Conservative Party; the Honourable Andrea Horwath, Leader of the
New Democratic Party; and all MPPs in the Province of Ontario; and further,
4) That a copy of this Motion be sent to the Association of Municipalities
of Ontario (AMO); Federation of Canadian
Municipalities (FCM); York Region
Council and all Ontario municipalities for their consideration.
Carried by recorded votes
(See following recorded votes)
Recorded vote for Resolution Nos. 1, 3 and 4 (11:0):
YEAS: Councillor
Valerie Burke, Councillor Alan Ho, 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 Alex Chiu. (11)
ABSENT: Deputy
Mayor Jack Heath, Councillor Logan Kanapathi. (2)
Recorded vote for Resolution No. 2 (10:1):
YEAS: Councillor
Valerie Burke, Councillor Alan Ho, Councillor Don Hamilton, Councillor Karen
Rea, Regional Councillor Nirmala Armstrong, Mayor Frank Scarpitti, Regional
Councillor Joe Li, Councillor Colin Campbell, Councillor Amanda Collucci,
Councillor Alex Chiu. (10)
NAY: Regional
Councillor Jim Jones. (1)
ABSENT: Deputy
Mayor Jack Heath, Councillor Logan Kanapathi. (2)
Council consented to amend the proposed motion;
therefore, the following version of the motion with notice given to Council at
its meeting held on February 16, 2016 was not considered by Council this date:
"Whereas the City of Markham
spends an incredible amount of resources and taxpayer money developing an
Official Plan; and
Whereas the City’s Official Plan
is ultimately approved by the Province; and
Whereas it is within the
legislative purview of Municipal Council to approve Official Plan amendments or
Zoning By-law changes that better the community or fit within the vision of the
City of Markham’s Official Plan; and
Whereas it is also within the
legislative purview of Municipal Council to deny Official Plan amendments or
Zoning By-law changes that do not better the community or do not fit within the
vision of the City of Markham’s Official Plan; and
Whereas planning decisions may be
appealed to the Ontario Municipal Board (OMB), an unelected, appointed body that
is not accountable to the residents of Markham; and
Whereas appeals of OMB decisions
are limited to questions of law, not the findings of facts in a case; and
Whereas all decisions—save
planning decisions—made by Municipal Council are similarly only subject to
appeal by judicial review and such appeals are limited to questions of law; and
Whereas the recent Provincial
anti-SLAPP legislation (Bill-52) in support of democratic participation, does
not apply to the OMB. A SLAPP lawsuit (Strategic Lawsuit Against Public
Participation) covers court litigation.
Since the OMB is an agency of the government, not a court, the
anti-SLAPP legislation is not applicable causing financial hardship to
community groups facing court costs;
Now therefore be it hereby resolved:
1) That the City of Markham Council
requests the Government of Ontario to limit the jurisdiction of the OMB to
questions of law or process; and
2) That the Government of Ontario be
requested to require the OMB to uphold any planning decisions of Municipal
Councils unless they are contrary to the processes and rules set out in
legislation; and
3) That the Government of Ontario be
requested to apply the Provincial anti-SLAPP legislation to the OMB; and
4) That a copy of this Motion be sent to the
Honourable Kathleen Wynne, Premier of Ontario; the Honourable Ted McMeekin,
Minister of Municipal Affairs and Housing; the Honourable Patrick Brown, Leader
of the Progressive Conservative Party; the Honourable Andrea Horwath, Leader of
the New Democratic Party; and all MPPs in the Province of Ontario; and further,
5) That a copy of this Motion be sent to
the Association of Municipalities of Ontario (AMO), Federation of Canadian Municipalities (FCM), York Region Council and all Ontario municipalities for their
consideration. "
8. NOTICES OF MOTIONS
There were no
notices of motions.
9. COMMUNICATIONS
Moved by Councillor
Alex Chiu
Seconded by Councillor
Amanda Collucci
That Council
receive and consent to the disposition of communications in the following
manner:
Received
2-2016 ROAD CLOSURE
REQUEST – SHOPPERS DRUG MART RUN FOR WOMEN (3.5)
Info
The following roads will be closed on May 7, 2016 from 5:00 AM to 1:00
PM to facilitate the event:
1. Main St. From Carlton Road to Hastings Drive
2. Carlton Road from Main Street to Old Ivy Lane
3. Carlton Road & Stanford Road
4. Carlton Road from Main Street to Pomander
Road (Northbound lane only) (Southbound traffic on Carlton Road will be
diverted onto Main Street southbound)
5. Intermittent closures of Normandale Road
at 16th Avenue (When runners are present. Runners will stay on the sidewalk but will
have to cross Normandale Road in two locations. Officers will allow vehicles through the
intersections when there are gaps in the runners.)
Carried
3-2016 COMMUNICATIONS
RECEIVED REGARDING THE MOTION TITLED "REQUEST THE GOVERNMENT OF ONTARIO TO
LIMIT THE JURISDICTION OF THE ONTARIO MUNICIPAL BOARD" (13.2 & 10.0)
Communication AddendumCommunication
1. Marilyn Ginsburg,
Markham Citizens Coalition for Responsive Government (MCCRG), email dated
February 21, 2016, providing comments.
2. Tom Mrakas, Councillor, Town of Aurora,
email dated March 1, 2016, providing comments.
(See Motion Item No. 1)
Carried
4-2016 MEMORANDUM RECEIVED
REGARDING THE APPLICATION BY RULAND PROPERTIES INC. (THE REMINGTON GROUP), NORTH OF ENTERPRISE BOULEVARD, EAST OF WARDEN
AVENUE AND WEST OF ROUGE VALLEY DRIVE WEST (10.0)
Memo
Memorandum dated March 1, 2016 from the Commissioner of Development
Services providing an update regarding the application by Ruland Properties
Inc. (The Remington Group) and
recommending the enactment of the proposed zoning by-law amendment with respect
thereto.
(By-law 2016-23)
Carried
10. PROCLAMATIONS
There were no
proclamations.
11. NEW/OTHER BUSINESS
(1) NOTICE
OF PROPOSED SALE
PART OF LOT 5, CONCESSION 7,
BEING PART 3 ON REFERENCE PLAN
65R-35649 (8.6 & 6.6)
Map
Notice of Proposed Sale
City of Markham
Proposed Sale of Surplus
Real Property
(Pursuant to By-law
178-96)
Moved by Councillor
Alan Ho
Seconded by Regional
Councillor Nirmala Armstrong
1) That the
notice of proposed sale for the City of Markham owned lands legally described
as follows be confirmed:
"Part of Lot 5,
Concession 7, being Part 3 on Reference Plan 65R-35649, City of Markham,
Regional Municipality of York."
(In-Camera Item No. 1 – February 16, 2016
Council Meeting)
Carried
(2) NATIONAL ZERO WASTE
COUNCIL MEMBERSHIP APPOINTMENT (5.1)
Report
Moved by Regional
Councillor Jim Jones
Seconded by Regional
Councillor Joe Li
1) That the report entitled "National Zero Waste Council
Membership Appointment" be received; and,
2) That the City of Markham joins Canada’s National Zero Waste Council;
and,
3) That Deputy Mayor Jack Heath be appointed to represent Markham as a
member of the National Zero Waste Council; and further,
4) That Staff be authorized and directed to do all things necessary to
give effect to this resolution."
Deferred to the March 22, 2016 Council meeting
(See following to defer)
Moved by Regional Councillor Jim Jones
Seconded by Regional Councillor Joe Li
That the item titled "“National Zero Waste Council Membership
Appointment", referred from the February 29, 2016 General Committee meeting,
be deferred to the March 22, 2016 Council meeting for consideration.
Carried
Note: This matter was referred
from the February 29, 2016 General Committee Meeting.
12. BY-LAWS
Moved by Councillor
Don Hamilton
Seconded by Regional
Councillor Jim Jones
That By-law
2016-24 related to the hold removal provision for Tribute (Unionville) Limited
be given three readings and enacted.
Carried
(See following to consider the by-law)
Moved by Councillor Don Hamilton
Seconded by Councillor Alan Ho
That By-law 2016-24 be brought forward for consideration immediately
following the presentation of the York University Markham Campus Update.
Carried
Moved by Councillor
Alex Chiu
Seconded by Councillor
Alan Ho
That By-laws
2016-20 to 2016-23 and By-law 2016-26 be given three readings and enacted.
Three Readings
BY-LAW 2016-20 FIELDGATE HOMES (IVANHOE HOMES LTD.) UPPER UNIONVILLE, PART LOT CONTROL EXEMPTION BY-LAW
A by-law to designate part of a certain plan
of subdivision not subject to Part Lot Control, Lots 9 and
10, Blocks 17, 22,
30, 34 and 38, Plan 65M-4429, north of 16th Avenue and
east of Kennedy Road.
By-law
Carried
BY-LAW 2016-21 SWIRE HOMES, PART LOT CONTROL EXEMPTION BY-LAW
A by-law to designate part of a certain plan
of subdivision not subject to Part Lot Control, Block 118, Plan 65M-3536, east
of Kennedy Road and north of Bur Oak Avenue.
By-law
Carried
BY-LAW 2016-22 PACE DEVELOPMENTS (THE MARK) LTD., 9560 MARKHAM ROAD, HOLD
REMOVAL BY-LAW
A by-law to amend By-law 177-96, as amended,
to remove the Holding (H) Provision to permit the development of a mixed use
building.
By-law
Carried
BY-LAW 2016-23 RULAND PROPERTIES INC. (THE REMINGTON GROUP), NORTH OF ENTERPRISE
BOULEVARD, EAST OF WARDEN AVENUE AND WEST OF ROUGE VALLEY DRIVE WEST, ZONING
BY-LAW AMENDMENT
A by-law to amend By-law 2004-196, as amended, to permit a proposed
high-density development and limit retail stores.
(Communication No. 4-2016)
By-law
Carried
BY-LAW 2016-24 TRIBUTE (UNIONVILLE) LIMITED, 20 FRED VARLEY DRIVE, HOLD REMOVAL BY-LAW
A by-law to amend By-law 122-72, as amended, to remove the Holding (H)
Provision to permit a mixed-use commercial-residential development.
By-law
Carried
BY-LAW 2016-26 1932585 ONTARIO INCORPORATED, 4802 HIGHWAY 7 EAST, ZONING
BY-LAW AMENDMENT
A by-law to amend Zoning By-law 122-72, as
amended, to introduce additional commercial uses within the existing heritage
building and expand the open space zone boundary.
(Item No. 1, Report No. 49 – November 10,
2015 Council Meeting)
By-law
Carried
13. IN-CAMERA ITEMS
Moved by Councillor
Don Hamilton
Seconded by Councillor
Valerie Burke
That, in
accordance with Section 239 (2) of the Municipal Act,
Council resolve into an in-camera session to discuss the following matters (9:29
PM):
General
Committee – February 29, 2016
(1) GENERAL COMMITTEE IN-CAMERA MINUTES
- FEBRUARY 16, 2016 (16.0)
[Section 239 (2) (b) (c) (d)]
(2) THE SECURITY OF THE PROPERTY OF THE MUNICIPALITY OR LOCAL
BOARD (WARDS 3 & 8) (8.7)
[Section 239 (2) (a)]
(3) PERSONAL
MATTERS ABOUT AN IDENTIFIABLE INDIVIDUAL, INCLUDING MUNICIPAL OR LOCAL BOARD
EMPLOYEES (BOARD/COMMITTEE APPOINTMENT) (16.24)
[Section 239 (2)
(b)]
Development
Services Committee – March 1, 2016
(4) DEVELOPMENT
SERVICES COMMITTEE IN-CAMERA MINUTES
- NOVEMBER 30, 2015 (10.0)
[Section 239 (2) (e) (e) (e)]
(5) LITIGATION
OR POTENTIAL LITIGATION, INCLUDING MATTERS BEFORE ADMINISTRATIVE TRIBUNALS,
AFFECTING THE MUNICIPALITY OR LOCAL BOARD - TRI-PARTY AGREEMENT WITH IBM AND
REGION - TRANSIT WAY (WARD 8) (8.0)
[Section 239 (2) (e)]
Council
– March 1, 2016
(6) PERSONAL
MATTERS ABOUT AN IDENTIFIABLE INDIVIDUAL, INCLUDING MUNICIPAL OR LOCAL BOARD
EMPLOYEES (BOARD/COMMITTEE APPOINTMENT) (16.24)
[Section 239 (2)
(b)]
Moved by Regional
Councillor Jim Jones
Seconded by Councillor
Alan Ho
That Council
rise from the in-camera session. (9:50 PM)
Carried
The in-camera
items were approved by Council as follows:
(1) GENERAL COMMITTEE
IN-CAMERA MINUTES
- FEBRUARY 16, 2016 (16.0)
Moved by Councillor
Alex Chiu
Seconded by Regional
Councillor Joe Li
1)
That the General Committee in-camera minutes dated February 16, 2016 be
confirmed.
Carried
(2) THE SECURITY OF THE PROPERTY OF THE MUNICIPALITY OR LOCAL
BOARD (WARDS 3 & 8) (8.7)
Moved by Councillor
Colin Campbell
Seconded by Regional
Councillor Jim Jones
1) That the verbal update provided by Andy
Taylor, Chief Administrative Officer, on the matter of the security of the
property of the municipality or local board in Wards 3 & 8, be received;
and,
2) That
staff be authorized to proceed as directed by Council on March 1, 2016.
Carried
(3) BOARD/COMMITTEE
APPOINTMENT
- APPOINTMENT OF MEMBER TO THE
BOARD OF MANAGEMENT FOR THE
MAIN STREET UNIONVILLE
BUSINESS
IMPROVEMENT AREA (UBIA)
(16.24)
Moved by Councillor
Don Hamilton
Seconded by Regional
Councillor Jim Jones
1) That
Council appoint the following individual as Director of the Board of Management
for the Main Street Unionville Business Improvement Area for a term to expire
November 30, 2018:
- Sylvia
Morris.
Carried
(4) DEVELOPMENT SERVICES COMMITTEE
IN-CAMERA MINUTES
- NOVEMBER 30, 2015 (10.0)
Moved by Regional
Councillor Jim Jones
Seconded by Councillor
Don Hamilton
1) That the minutes of the Development
Services Committee in-camera meeting, held November 30, 2015, be confirmed.
Carried
(5) TRI-PARTY
AGREEMENT WITH IBM AND REGION
- TRANSIT WAY (8.0)
Moved by Regional
Councillor Jim Jones
Seconded by Regional
Councillor Joe Li
1) That the confidential report titled
“Tri-Party Agreement with IBM Canada Limited (“IBM”) and the Regional
Municipality of York (the “Region”) - Viva” be received; and,
2) That the Mayor and Clerk be authorized
to execute a Tri-Party Agreement with IBM and the Region of York to allow for a
break in the Viva Rapid Transit Way to be constructed along the south boundary
of Cederland Drive between Warden Avenue and South Town Centre Boulevard (the
“Transit Way”) on the terms and conditions outlined in this report and in a
form and content satisfactory to the Commissioner of Development Services and
the City Solicitor; and further,
3) That Staff be authorized and directed
to take the actions set out in this report.
Carried
(6) BOARD/COMMITTEE
APPOINTMENTS (16.24)
Moved by Councillor
Amanda Collucci
Seconded by Councillor
Colin Campbell
1) That
the following persons be appointed to the Achievement & Civic Recognition
Awards Committee (ACRA):
Name Term
Santosh Choubey November
30, 2017
Binu George November
30, 2017
Gail Leet November
30, 2018
Devendra Mishra November
30, 2018
Christeena Samuel November
30, 2019
Susan Wong November
30, 2019; and,
2) That
the following persons be appointed to the Heritage Markham Committee:
Name Term
Ian Darling November
30, 2019
Ken Davis November
30, 2019; and further,
3) That
the following re-appointments to the Victoria Square Community Centre Board be
confirmed:
Name Term
Ruth Brock November
30, 2019
Charlotte Frisby November
30, 2019
Jean McCron November
30, 2017
Edith Fridel November
30, 2017.
Carried
14. CONFIRMATORY BY-LAW
Moved by Councillor
Alex Chiu
Seconded by Councillor
Karen Rea
That By-law 2016-25
be given three readings and enacted.
Three Readings
BY-LAW 2016-25 A BY-LAW TO CONFIRM THE PROCEEDINGS OF THE COUNCIL MEETING OF
MARCH 1, 2016.
By-law
Carried
15. ADJOURNMENT
Moved by Councillor
Alex Chiu
Seconded by Councillor
Valerie Burke
That the Council Meeting be adjourned at 9:52 PM.
Carried
_________________________________ _______________________________
Kimberley
Kitteringham Frank
Scarpitti
City
Clerk Mayor
(Signed)