Council Minutes

                                                                                  March 31, 2015, 7:00 PM

                                                                  Council Chamber, Anthony Roman Markham Civic Centre

 

 

 

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 Colin Campbell, Councillor Amanda Collucci, Councillor Logan Kanapathi, Councillor Alex Chiu.

 

 

Regrets

Councillor Karen Rea.

 

 

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

Dennis Flaherty, Director of Communications and Community Relations

John Wong, Technology Support Specialist

Kimberley Kitteringham, City Clerk

Martha Pettit, Deputy City Clerk

Raj Raman, Mayor's Chief of Staff

David Hunt, Tree Preservation Technician

Andrea Tang, Manager of Financial Planning

 

 

 

The regular meeting of Council convened at 7:04 PM on March 31, 2015 in the Council Chamber.  Mayor Frank Scarpitti presided.

 

 

 

1.         DISCLOSURE OF PECUNIARY INTEREST

 

(1)        None declared.

 

 

 

2.         MINUTES

 

(1)        COUNCIL MINUTES – MARCH 10, 2015

            Minutes

 

Moved by Councillor Alex Chiu

Seconded by Councillor Valerie Burke

 

            1)         That the Minutes of the Council Meeting held on March 10, 2015, be adopted.

 

Carried

 

 

 

3.         PRESENTATIONS

 

There were no presentations.

 

 

 

4.         DELEGATIONS

 

(1)        JAMES MOUNCEY
            – DELEGATION REGARDING THE
            RECOMMENDATION FROM THE FEBRUARY 24, 2015
            LICENSING COMMITTEE HEARING
            (139 LONGWATER CHASE) (2.0)

 

Moved by Regional Councillor Jim Jones

Seconded by Deputy Mayor Jack Heath

 

That the delegation of James Mouncey in opposition to the proposed recommendation from the February 24, 2015 Licensing Committee Hearing to deny the application to remove a Honey Locust tree at 139 Longwater Chase be received.

(See New/Other Business Item No. 1 for Council decision on this matter)

 

Carried

 

James Mouncey, applicant, provided a handout to Members of Council outlining his reasons for removal of the tree.

 

David Hunt, Markham's Tree Preservation Technician, provided clarification on the Markham Tree Preservation By-law.

 

 

(2)        EVELIN ELLISON
            - DELEGATION REGARDING THE
            PROPOSED RECOMMENDATION FROM THE FEBRUARY 24, 2015
            LICENSING COMMITTEE HEARING (139 LONGWATER CHASE)
            AND ON THE REQUEST FOR DEMOLITION AT 85 JOHN STREET
            (2.0 AND 16.11 AND 10.13)

 

Moved by Regional Councillor Jim Jones

Seconded by Deputy Mayor Jack Heath

 

That the delegation of Evelin Ellison regarding the following matters be received:

            -           In support of the proposed recommendation from the February 24, 2015 Licensing Committee Hearing for 139 Longwater Chase.

            -           The replacement house to have similar characteristic of other homes in the area regarding the request for demolition at 85 John Street.

            (See New/Other Business Item No. 1 for Council's decision on 139 Longwater Chase)

            (See Item No. 2, Report No. 15 for Council's decision on 85 John Street)

 

 

 

5.         PETITIONS

 

There were no petitions.

 

 

 

6(a)      REPORT NO. 14 - GENERAL COMMITTEE (March 23, 2015)

 

Moved by Deputy Mayor Jack Heath

Seconded by Councillor Colin Campbell

 

That Report No. 14 – General Committee comprised of 3 items be received and adopted.

 

(1)        AWARD OF TENDER 213-T-14 WEST THORNHILL
- PHASE 1B STORM SEWER AND WATERMAIN
REPLACEMENT (7.12)

            Report     Attachment A      Attachment B

 

1)         That the report entitled “Award of Tender 213-T-14 West Thornhill – Phase 1B Storm Sewer and Watermain Replacement” be received; and,

 

2)         That the contract for Tender 213-T-14 West Thornhill – Phase 1B Storm Sewer and Watermain Replacement be awarded to the lowest priced Bidder, Lancorp Construction Co. Ltd., in the amount of $6,279,388.22, inclusive of HST; and,

 

3)         That a 10% contingency in the amount of $627,938.82, inclusive of HST, be established to cover any additional construction costs and that authorization to approve expenditures of this contingency amount up to the specified limit be in accordance with the Expenditure Control Policy; and,

 

4)         That staff be authorized to award the contract administration/ construction inspection, geotechnical inspection, material testing and environmental inspection services to R.V. Anderson Associates Limited. In the amount of $385,566.60 inclusive of  HST, in accordance with the Purchasing By-Law, Part II Section 7 Non Competitive Procurement, item 1 (h); and,

 

5)         That a 10% contingency in the amount of $38,556.66, inclusive of HST, be established to cover any additional contract administration/ construction inspection, geotechnical inspection, material testing and environmental inspection services and that authorization to approve expenditures of this contingency amount up to the specified limit be in accordance with the Expenditure Control Policy; and,

 

6)         That Council pre-approve $600,000 of the total $4,925,700 from project 053-5350-15301-005 “Watermain Construction and Replacement Program; and,

 

7)         That the construction and contract administration award in the amount of $7,331,450.30 be funded from the following capital projects;  1) 058-6150-14271-005 “Flood Control Implementation – West Thornhill (Phase 1B),” 2) 058-6150-15014-005 “West Thornhill Flood Control Construction – Phase 1B” , and 3) 053-5350-15301-005  “Watermain Construction and Replacement Program” (details outlined in the Financial Considerations section); and,

 

8)         That the Internal Project Management fee be funded from project 058-5350-15609-005 “West Thornhill Flood Control – Internal Project Management” in the amount of $288,000; and,

 

9)         That a 5-year moratorium be placed on any major servicing and utility installation along restored areas including Poinsetta Drive (west leg, from Daffodil Ave to 100 metres north of Laureleaf Road), Laureleaf Road (between Bayview Avenue and Daffodil Avenue), Wildrose Crescent (north leg, from Laureleaf Road to 20 metres east of Laureleaf Road) and Multiflora Place (from Laureleaf Road to 25 metres north of Laureleaf Road); and further,

 

10)       That Staff be authorized and directed to do all things necessary to give effect to this resolution.

 

Carried

 

 

(2)        BANKING AND MERCHANT
SERVICES CONTRACT EXTENSION (7.0)

            Report

 

1)         That the report “Banking and Merchant Services Contract Extension” be received; and,

 

2)         That Staff be authorized to extend contract 006-R-02 with TD Commercial Banking (TD Bank) for five years, ending on April 30^th, 2020; and,

 

3)         That Staff be authorized to enter into a Merchant Services Agreement with TD Merchant Services for five years May 1^st, 2015 – April 30^th, 2020; and,

 

4)         That the Treasurer be authorized to extend the contract for Banking and Merchant Services for an additional five year period, May 1^st, 2020 – April 30^th, 2025, subject to the approval of the annual operating budget, performance and mutually agreed upon by both parties; and,

 

5)         That the Request for Proposal (RFP) process be waived in accordance with Purchasing By-Law 2004-341, Part II, Section 7, 1(c), Non-Competitive Procurement, when the extension of an existing contract would prove more cost-effective or beneficial; and further,

 

6)         That Staff be authorized and directed to do all things necessary to give effect to this resolution.

 

Carried

 

 

(3)        ANNUAL WATER QUALITY
REPORT (JANUARY – DECEMBER) (5.3)

            Report     Attachment A

 

1)         That the report titled “Annual Water Quality Report (January-December 2014)” 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 2014 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 2014 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, 2015 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(b)      REPORT NO. 15 - DEVELOPMENT SERVICES COMMITTEE (March 24, 2015)

 

Moved by Regional Councillor Jim Jones

Seconded by Councillor Don Hamilton

 

That Report No. 15 – Development Services Committee comprised of 6 items be received and adopted, except Item No. 2.  (See following Item No. 2)

 

(1)        MAIN STREET MARKHAM
            HIGHWAY 407 TO HIGHWAY 7 (5.10)

            Presentation

 

1)         That the presentation provided by Martin Scott, MMM Group, Manager, Municipal Road Design entitled "Main Street Markham Highway 407 to Highway 7" be received; and,

 

2)         That Main Street Markham be completed as currently designed with dedicated left and right turn lanes on highway 7; and,

 

3)         That staff monitor traffic patterns on Main Street Markham for one year and then re-examine the need and justification for reversible lanes; and further,

 

4)         That staff report back to Development Services in the fall of 2016 on its findings and recommendations.

 

Carried

 

 

(2)        REQUEST FOR DEMOLITION
            SINGLE DETACHED NON-HERITAGE DWELLING
            85 JOHN STREET
            THORNHILL HERITAGE CONSERVATION DISTRICT
            (FILE NUMBER: SC 14 113778) (16.11, 10.13)

            Report

 

Moved by Regional Councillor Jim Jones

Seconded by Councillor Don Hamilton

 

1)         That the staff report titled “Request for Demolition-Single Detached Non-Heritage Dwelling, 85 John St., Thornhill Heritage Conservation District” File Number SC 14 113778 be received; and,

 

2)         That Council endorse the demolition of the single detached non-heritage dwelling at 85 John St. Located within the Thornhill Heritage Conservation District; and further,

 

3)         That Staff be authorized and directed to do all things necessary to give effect to this resolution.

 

Carried

 

 

(3)        WISMER COMMONS DEVELOPERS GROUP INC.
            AMENDMENT TO THE MASTER SERVICING AGREEMENT
            FOR MUNICIPAL TRUNK INFRASTRUCTURE (5.0)

            Report

 

1)         That the Development Services Commission report titled “Wismer Commons Developers Group Inc. – Amendment to Master Servicing Agreement for Municipal Trunk Infrastructure” dated March 24, 2015 be received; and,

 

2)         That the Mayor and Clerk be authorized to execute an amendment to the existing master servicing agreement between the City of Markham and the Wismer Commons Developers Group Inc. dated March 12, 2001 as amended, to the satisfaction of 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)        REQUEST TO SUPPORT RICHMOND HILL’S
            COURT CHALLENGE OF THE ONTARIO MUNICIPAL BOARD’S
            DECISION REGARDING PARKLAND DEDICATION POLICIES
            (OMB FILE NO. PL1101189) (8.0)

            Report

 

1)         That the report titled “Request to Support Richmond Hill’s Court Challenge of the Ontario Municipal Board’s Decision Regarding Parkland Dedication Policies (OMB file no. PL1101189)” be received; and,

 

2)         That Council direct the City Solicitor and staff to support the Town of Richmond Hill’s challenge of the Ontario Municipal Board’s decision under OMB file no. PL1101189 regarding parkland dedication policies by seeking leave to intervene in any court proceedings relating thereto; and further,

 

3)         That Staff be authorized and directed to do all things necessary to give effect to this resolution.

 

Carried

 

 

(5)        HERITAGE MARKHAM COMMITTEE 40^TH ANNIVERSARY
            CELEBRATION PUBLICATION (16.11)

            Report

 

1)         That the staff report titled “Heritage Markham Committee 40^th Anniversary Celebration Publication”, dated April 7, 2015, be received; and,

 

2)         That the concept of producing a Heritage Markham publication to celebrate the committee’s 40^th Anniversary focusing on the positive heritage accomplishments and projects achieved by the committee working with applicants over the last forty years be endorsed; and,

 

3)         That as recommended by Heritage Markham, in addition to the $2,000 identified in the Heritage Markham Committee budget (2015) for anniversary celebrations, an additional amount of $6,000 be transferred from the Heritage Preservation Reserve (Account 087-2800115) for the book project to the Heritage Markham Committee (Account 620-621-4002) and that at the completion of the project, any unused funds be returned to the Heritage Preservation Reserve; and further,

 

4)         That Staff be authorized and directed to do all things necessary to give effect to this resolution.

 

Carried

 

 

(6)        PERMANENT CLOSURE AND RENAMING OF PORTIONS
            OF EXISTING CORNELL CENTRE BOULEVARD AND
            OFFICIALLY OPEN NEW CORNELL CENTRE BOULEVARD (5.10, 10.14)

            Report

 

1)         That the March 24, 2015 report entitled ‘Permanent closure and renaming portions of existing Cornell Centre Boulevard and officially open new Cornell Centre Boulevard’ be received; and,

 

2)         That, the City enact a By-law to permanently stop up and close portions of the existing Cornell Centre Boulevard, as shown in yellow hatched on Attachment 1- Section 1(legally described as Parts 1 and 2, Plan 65R-35088) as described in this report; and,

 

3)         That, subject to the closure of the above portions of the existing Cornell Centre Boulevard, the new Cornell Centre Boulevard, as shown in red on Attachment 1- Section 2, be officially opened for traffic as described in this report; and;

 

4)         That, the City enact a By-law to approve renaming of the existing Cornell Centre Boulevard, as shown in orange on Attachment 1- Section 3 (legally described as Parts 1 and 5, Plan 65R-34812), to William Forster Road as described in this report, and;

 

5)         That, the City enact a By-law to rename a portion of the existing Cornell Centre Boulevard, as shown in purple on Attachment 1- Section 4 (legally described as Part 3, Plan 65R-34812), to  Riverlands Avenue as described in this report; and

 

6)         That, the City enact a By-Law to rename the existing section of Cornell Centre Boulevard extending from Honey Glen Avenue to Highway 7, as shown in brown on Attachment 1- Section 5 (legally described as Parts 12, 16 and 17, Plan 65R-14883), to William Forster Road as described in this report, and;

 

7)         That, the City enact a By-Law to close the existing Cornell Centre Boulevard from south of new Cornell Centre Boulevard to north of Rustle Woods Avenue, as shown in Attachment 1- Section 6, from May 2015 to October 2015, and further;

 

8)         That, staff be authorized and directed to do all things necessary including all required road closures as described in this report to give effect to this resolution.

 

Carried

 

 

 

6(c)      REPORT NO. 16 - DEVELOPMENT SERVICES PUBLIC MEETING
            (March 24, 2015)

 

Moved by Regional Councillor Jim Jones

Seconded by Councillor Don Hamilton

 

That Report No. 16 – Development Services Public Meeting comprised of 2 item be received and adopted.

 

(1)        PRELIMINARY REPORT
            APPLICATION BY GAETANO MOLINARO
            FOR ZONING BY-LAW AMENDMENT TO
            FACILITATE SEVERANCE OF 9 SABISTON DRIVE
            TO CREATE ONE ADDITIONAL BUILDING LOT
            FILE NO: ZA 14 117820 (10.5)

            Report

 

1)         That the correspondence from Mr. Glenn Baron be received; and,

 

2)         That the report dated February 17, 2015 titled “PRELIMINARY REPORT, Application by Gaetano Molinaro for Zoning By-law Amendment to facilitate severance of 9 Sabiston Drive to create one additional building lot (File No.  ZA 14 117820)”, be received; and,

 

3)         That the Record of the Public Meeting held on March 24, 2015, with respect to the proposed Zoning By-law Amendment to facilitate severance of 9 Sabiston Drive to create one additional building lot (File No. ZA 14 117820), be received; and,

 

4)         That the application by Gaetano Molinaro to amend the zoning by-law to facilitate severance of 9 Sabiston Drive to create one additional building lot (File No. ZA 14 117820), be approved; and,

 

5)         That the proposed amendment to the Zoning By-law 122-72, as amended, be enacted without further notice; and further,

 

6)         That Staff be authorized and directed to do all things necessary to give effect to this resolution.

 

Carried

 

 

(2)        PRELIMINARY REPORT
            PAGNELLO HOMES INC. & OSTRYA HOMES LTD.
            ZONING BY-LAW AMENDMENT TO FACILITATE
            THE DEVELOPMENT OF FOUR SINGLE DETACHED DWELLINGS
            AT 10 ROUGE BANK DRIVE AND 2, 6 AND 8 PAGNELLO COURT
            FILE: ZA 14 113370 (10.5)

            Report

 

1)         That the correspondence from Umesh Solanki be received; and,

 

2)         That the record of the Public Meeting held on March 24, 2014, with respect to the proposed Zoning By-law Amendment by Pagnello Homes Inc. and Ostrya Homes Ltd. to facilitate the development of four single detached dwellings at 10 Rouge Bank Drive and 2, 6 and 8 Pagnello Court, File ZA 14 113370, be received; and,

 

3)         That the Mayor and Clerk be authorized to execute any documentation required for an easement in favour of the City for the purpose of maintenance and repair of sanitary services located on Parts 12, 13, 14 and 15, Reference Plan 65R-29421 for the purposes of providing sanitary services to 7943 9^th Line; and,

 

4)         That the Zoning By-law Amendment application (ZA 14 113370) by Pagnello Homes Inc. and Ostrya Homes Ltd. to amend Zoning By-law 177-96, as amended, and Zoning By-law 304-87, as amended, be approved; and further,

 

5)         That the proposed amendment to Zoning By-law 177-96, as amended, and Zoning By-law 304-87, as amended be enacted without further notice.

 

Carried

 

 

 

6(d)      REPORT NO. 17 - GENERAL COMMITTEE (March 31, 2015)

 

Moved by Deputy Mayor Jack Heath

Seconded by Councillor Colin Campbell

 

That Report No. 17 – General Committee comprised of 2 items be received and adopted.

 

(1)        MINUTES OF THE MARCH 27, 2015
BUDGET SUB-COMMITTEE (16.0)

            Minutes    Appendix A

 

1)         That the minutes of the March 27, 2015 Budget Sub-Committee meeting be received for information purposes; and,

 

2)         That the 2015 Celebrate Markham Grants in the amount of $370,000.00 be approved as attached in Appendix A with the following amendments:

           

a)         That $5,400.00 from the Tony Roman Hockey Tournament be re-allocated equally to the following three events in addition to the amounts outlined in Appendix A:

-     Thursday Night Summer Music Series – Unionville Bandstand

-     Markham Village Festival

-     Markham Jazz Festival

 

b)         That $5,000.00 from the Unity Festival be re-allocated to the Pan AM Global Fest on a one time basis.

 

Carried

 

 

(2)        2015 BUDGET (7.4 & 7.5)

            Report   Appendices 1-7   Appendix 8

 

1)         That the report dated March 31, 2015 entitled, “2015 Budget” be received; and,

 

2)         That Council approve a 2.34% 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 fund the response and recovery costs associated with the December 2013 ice storm (Year 2 of 3); and,

 

4)         That Council approve the 2015 Operating Budget for City services totalling $185,892,264; and,

 

5)         That Council approve the 2015 Library Operating Budget totalling $13,403,487, the principal components of which are detailed in Appendix 2; and,

 

6)         That the gross operating expenditures of $199,295,751 (Operating $185,892,264 + Library $13,403,487), (excluding the 2014 deficit), of which the principal components are detailed in Appendix 1, be funded from the following sources:

 

; and,

 

7)         That Council approve the remaining 2015 Capital Budget totalling $66,988,600 of which the projects are detailed in Appendix 3; and,

 

8)         That Council approve the 2015 Planning & Design Operating Budget totalling $8,212,073, (excluding the 2014 deficit), the principal components of which are detailed in Appendix 4; and,

 

9)         That Council approve the 2015 Engineering Operating Budget totalling $6,566,574, (excluding the 2014 deficit), the principal components of which are detailed in Appendix 5; and,

 

10)       That Council approve the 2015 Building Standards Operating Budget totalling $8,529,259, (excluding the 2014 deficit), the principal components of which are detailed in Appendix 6; and,

 

11)       That Council approve the 2015 Waterworks Operating Budget totalling $101,754,579, (excluding the 2014 adjustment), the principal components of which are detailed in Appendix 7; and,

 

12)       That upon finalization of the 2014 audited financial statements, the 2015 Operating, Planning & Design, Engineering, Building Standards, and Waterworks Operating Budgets be adjusted to reflect the 2014 operating results; and,

 

13)       That By-law 2002-276, a by-law to impose fees and charges for services or activities provided by the City of Markham, be amended to reflect the following changes in Finance and Tax fees and charges effective June 1, 2015:

 

a.         Ownership Change Administration Fee from $31.00 to $34.00

b.         Non-Property Tax related charge added to the tax account from $36.00 to $45.00

c.         Returned Cheque Fee from $36.00 to $40.00

d.         Tax Certificate from $60.50 to $76.00; and,

 

14)       That the Treasurer be authorized to set future increases for the above Finance and Tax fees and charges annually based on the change in the Consumer Price Index (Toronto All Items September -September) with such increases effective January 1 and rounded to the nearest half dollar; and,

 

15)       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,

 

16)       That the “Additional Financial Disclosure Requirements Pursuant to Ontario Regulation 284/09” be received for information purposes; and,

 

17)       That staff be directed to report back to General Committee relative to the installation of a water fountain in Simonston Park prior to implementation; and,

 

18)       That this report be brought forward to Council on Tuesday, March 31, 2015 for approval; and further,

 

19)       That Staff be authorized and directed to do all things necessary to give effect to this resolution.

(By-law 2015-38)

 

Carried

 

 

Mayor Frank Scarpitti thanked Members of the Budget Committee and staff for their hard work and dedication on the 2015 Budget.

 

Councillor Logan Kanapathi, Budget Committee Chair, thanked Members of Council and staff for their support during the budget process.

 

Members of Council thanked Budget Committee Chair, Members of the Budget Committee and staff on the Markham's budget process.

 

 

 

7.         MOTIONS

 

There were no motions.

 

 

 

8.         NOTICES OF MOTIONS

 

(1)        MARKHAM PUBLIC LIBRARY (5.0)

 

Moved by Councillor Don Hamilton

Seconded by Councillor Colin Campbell

 

That a report be provided to Council on the current and future role of the library system in the City of Markham with a view to providing quality service at the lowest possible cost to taxpayers before the commencement of the next budget process.

 

            Note:    This notice of motion will be listed on the April 15, 2015 Council Agenda for consideration.

 

 

 

9.         COMMUNICATIONS

 

Moved by Councillor Amanda Collucci

Seconded by Councillor Alex Chiu

 

That Council receive and consent to the disposition of communications in the following manner:

 

Received

20-2015           ROAD CLOSURE REQUEST – CANADA DAY CELEBRATIONS (3.5)

                        Info

 

                        The following roads will be closed on July 1, 2015 to facilitate the event:

                        3:00 pm to 4:30 pm

-     McCowan Road from Bullock Drive to South Unionville Avenue

-     McCowan Road and Heritage Rd

-     Hwy 7 - east and west of McCowan Road

 

                        8:30 pm to 11:30 pm

-     McCowan Road from south of Hwy 7 to north of South Unionville Avenue.

 

Carried

 

 

 

10.       PROCLAMATIONS

 

(1)        PROCLAMATION AND FLAG RAISING REQUESTS (3.4)

 

Moved by Councillor Valerie Burke

Seconded by Councillor Alex Chiu

 

1)         That the following proclamations, issued by the City Clerk in accordance with the City of Markham Proclamation Policy, be received for information purposes:

 

            - National Wildlife Week (April 5 to 11, 2015)

            - Be Kind to Animal Week (May 3 to 9, 2015)

            - National Volunteer Week (April 12 to 18, 2015)

            - Public - Rail Safety Week (April 27 to May 3, 2015)

            - Philippine Week (June 7 to 14, 2015); and,

 

2)         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:

 

            - Flag of the Philippines (June 7 to 14, 2015); and further,

 

3)         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:

 

            - Oncology Nurses Day (April 7, 2015).

 

Carried

 

 

 

11.       NEW/OTHER BUSINESS

 

(1)        RECOMMENDATION FROM THE FEBRUARY 24, 2015
            LICENSING COMMITTEE HEARING
            (139 LONGWATER CHASE) (2.0)

 

Moved by Deputy Mayor Jack Heath

Seconded by Councillor Valerie Burke

 

            1)         That the following recommendation of the Licensing Committee from the Hearing held on February 24, 2015 be approved and adopted:

 

"a)        That the application to remove a Honey Locust tree at 139 Longwater Chase, Markham, be denied."

 

Carried

(See following to consider the matter)

 

            Moved by Councillor Don Hamilton

            Seconded by Councillor Colin Campbell

 

            That Council consider the item titled "Recommendation from the February 24, 2015 Licensing Committee Hearing (139 Longwater Chase)" immediately following the delegations with respect thereto.

Carried

 

            Council directed that staff review the Licensing Committee Hearing process.

 

            This matter was deferred from the March 10, 2015 Council meeting.

 

 

 

12.       BY-LAWS

 

Moved by Councillor Alex Chiu

Seconded by Regional Councillor Joe Li

 

That By-laws 2015-35, 2015-36 and 2015-38 be given three readings and enacted.

 

Three Readings

 

BY-LAW 2015-35      ASPEN RIDGE HOMES LTD., 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, north of Bur Oak Avenue and east of Country Glen Boulevard, Lots 7, 13, 17, 24, 32, 45, 53 and 55, Plan 65M-4362.

Carried

 

 

BY-LAW 2015-36      PARADISE HOMES UNIONVILLE INC., 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, east of Kennedy Road and north of 16^th Avenue, Lots 4 and 11 and Blocks 20, 24, 28, 31 and 40, Plan 65M-4429.

Carried

 

 

BY-LAW 2015-38      A BY-LAW TO AMEND FEE BY-LAW 2002-276 (REVISION FOR FINANCE AND TAX FEES AND CHARGES EFFECTIVE JUNE 1, 2015)

                                    (Item No. 2, Report No. 17)

                                    By-law

Carried

 

 

 

13.       IN-CAMERA ITEMS

 

Moved by Councillor Don Hamilton

Seconded by Regional Councillor Jim Jones

 

That, in accordance with Section 239 (2) of the Municipal Act, Council resolve into an in-camera session to discuss the following matters (8:20 PM):

 

(1)        MINUTES OF IN-CAMERA COUNCIL MEETING
             - MARCH 10, 2015 (16.0)

            [Section 239 (2) (a) (b) (c) (e)]

 

 

General Committee – March 23, 2015

 

(2)        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 24, 2015

 

(3)        LITIGATION OR POTENTIAL LITIGATION, INCLUDING MATTERS BEFORE ADMINISTRATIVE TRIBUNALS, AFFECTING THE MUNICIPALITY OR LOCAL BOARD (OMB - WARD 2) (8.0)

            [Section 239 (2) (e)]

 

 

Council – March 31, 2015

 

(4)        THE SECURITY OF THE PROPERTY OF THE MUNICIPALITY OR LOCAL BOARD
AND
ADVICE THAT IS SUBJECT TO SOLICITOR-CLIENT PRIVILEGE, INCLUDING COMMUNICATIONS NECESSARY FOR THAT PURPOSE (WARD 3) (6.0)

            [Section 239 (2) (a) (f)]

 

Carried

 

 

Moved by Regional Councillor Nirmala Armstrong

Seconded by Councillor Alex Chiu

 

That Council rise from the in-camera session. (10:10 PM)

Carried

 

 

The in-camera items were approved by Council as follows:

 

 

(1)        MINUTES OF IN-CAMERA COUNCIL MEETING
             - MARCH 10, 2015 (16.0)

 

Moved by Councillor Alex Chiu

Seconded by Councillor Logan Kanapathi

 

            1)         That the Council In-camera Minutes dated March 10, 2015 be confirmed.

 

Carried

 

 

(2)        BOARD/COMMITTEE APPOINTMENTS (16.24)

 

Moved by Councillor Logan Kanapathi

Seconded by Regional Councillor Jim Jones

 

1)         That the following persons be appointed to the Race Relations Committee

 

Name                                                               Term

Herleen Sayal                                                   November 30, 2018
Andrew Yu                                                      November 30, 2018
Sara Siddiqui                                                    November 30, 2018
Salmon Hasan                                                  November 30, 2017
Bobbie France                                                  November 30, 2017

 

2)         That the following persons be appointed to the Canada Day Committee:

Name                                                               Term

Eddie Law                                                        November 30, 2017
Alan Ning                                                         November 30, 2018

 

Carried

 

 

(3)        REQUEST FOR PARTY STATUS IN
            ONTARIO MUNICIPAL BOARD APPEAL
            APPLICATIONS FOR ZONING BY-LAW AMENDMENT
            AND DRAFT PLAN OF SUBDIVISION APPROVAL
            BY LESLIE ELGIN DEVELOPMENTS INC.
            10961 AND 11121 LESLIE STREET
            TOWN OF RICHMOND HILL (8.0)

 

Moved by Councillor Colin Campbell

Seconded by Councillor Amanda Collucci

 

1)         That the confidential report titled “Request for Party Status in Ontario Municipal Board Appeal, Applications for Zoning By-law Amendment and Draft Plan of Subdivision Approval by Leslie Elgin Developments Inc., 10961 and 11121 Leslie Street, Town of Richmond Hill” be received; and,

 

2)         That City staff’s request for party status on the limited basis described in this report, in the appeal by Leslie Elgin Developments Inc. of the Town of Richmond Hill’s failure to make a decision with respect to zoning by-law amendment and draft plan of subdivision approvals for 10961 and 11121 Leslie Street, be ratified; and,

 

3)         That Council direct the City Solicitor and staff to attend the Ontario Municipal Board hearing to support Council’s approval of the Highway 404 mid-block crossing between Elgin Mills Road East and 19^th Avenue within the City of Markham into the Town of Richmond Hill, as shown in the 2014 Official Plan; and further,

 

4)         That staff be authorized and directed to do all things necessary to give effect to this resolution.

 

Carried

 

 

(4)        THE SECURITY OF THE PROPERTY OF THE MUNICIPALITY OR LOCAL BOARD
AND
ADVICE THAT IS SUBJECT TO SOLICITOR-CLIENT PRIVILEGE, INCLUDING COMMUNICATIONS NECESSARY FOR THAT PURPOSE (WARD 3) (6.0)

 

Moved by Regional Councillor Nirmala Armstrong

Seconded by Regional Councillor Jim Jones

 

1)         That the confidential report dated March 30, 2015 from the Commissioner of Community and Fire Services regarding a matter in Ward 3 on the security of the property of the municipality or local board and advice that is subject to solicitor-client privilege, including communications necessary for that purpose, be received; and,

 

2)         That staff be authorized to proceed as directed by Council on March 31, 2015.

 

Carried

 

 

 

14.       CONFIRMATORY BY-LAW

 

Moved by Councillor Alex Chiu

Seconded by Councillor Alan Ho

 

That By-law 2015-37 be given three readings and enacted.

 

Three Readings

 

BY-LAW 2015-37      A BY-LAW TO CONFIRM THE PROCEEDINGS OF THE COUNCIL MEETING OF MARCH 31, 2015.

                                    By-law

Carried

 

 

 

15.       ADJOURNMENT

 

Moved by Councillor Alex Chiu

Seconded by Councillor Don Hamilton

 

That the Council Meeting be adjourned at 10:12 PM.

 

Carried

 

 

 

 

 

 

 

_________________________________                        _______________________________

Kimberley Kitteringham                                                      Frank Scarpitti

City Clerk                                                                          Mayor

 

(Signed)