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                                                                                                          Council Minutes

                                                                               January 13, 2015, 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

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

Raj Raman, Mayor's Chief of Staff

John Wong, Technology Support Specialist

Kimberley Kitteringham, City Clerk

Martha Pettit, Deputy City Clerk

 

 

 

The regular meeting of Council convened at 7:09 PM on January 13, 2015 in the Council Chamber.  Mayor Frank Scarpitti presided.

 

 

1.         DISCLOSURE OF PECUNIARY INTEREST

 

(1)       Councillor Valerie Burke disclosed an interest with respect to the 2013 City of Markham Official Plan specifically related to 360 John Street (Item No. 2, Report No. 5 – Development Services Committee), by nature of owning a family business in the Thornhill area, and did not take part in the discussion of or vote on the question of the approval of matters related to 360 John Street.

 


 

 

2.         MINUTES

 

(1)        COUNCIL MINUTES – DECEMBER 16, 2014

            Minutes

 

Moved by Councillor Alex Chiu

Seconded by Regional Councillor Joe Li

 

            1)         That the Minutes of the Council Meeting held on December 16, 2014, be adopted.

 

Carried

 

 

3.         PRESENTATIONS

 

(1)        TRIBUTE TO WARREN CARROLL (12.2.6)

 

Mayor Frank Scarpitti provided a special recognition and tribute to Mr. Warren Carroll for his exceptional volunteer service to the community.  The Mayor’s tribute was followed by a moment of silence in Warren Carroll’s honour.  Read more about Warren Carroll’s achievements: Tribute to Warren Carroll.

 

 

 

4.         DELEGATIONS

 

There were no delegations.

 

 

 

5.         PETITIONS

 

There were no petitions.

 

 


 

6(a)      REPORT NO. 4 – GENERAL COMMITTEE (January 12, 2015)

 

Moved by Councillor Colin Campbell

Seconded by Councillor Amanda Collucci

 

That Report No. 4 – General Committee comprised of 4 items be received and adopted, except Item No. 2. (See following Item No. 2)

 

(1)       APPOINTMENT OF MEMBERS TO THE
MARKHAM ENTERPRISES CORPORATION (13.7)

 

1)         That the following Members of the Markham Enterprises Corporation be adopted for the City of Markham, for a term ending November 30, 2018, to take effect immediately:

 

Chair:               Mayor Frank Scarpitti

Vice-Chair:       Deputy Mayor Jack Heath

Members:         All Members of Council

 

Carried

 

 

(2)       CELEBRATE MARKHAM GRANTS
PROGRAM REVIEW (7.6)

            Presentation   Grant Application

 

Moved by Councillor Colin Campbell

Seconded by Councillor Amanda Collucci

 

1)         That the presentation by Ms. Brenda Librecz, Commissioner, Community & Fire Services, entitled “Celebrate Markham Grants Program Review,” be received; and,

 

2)         That Council approve the process outlined in the presentation to undertake a program review of the Celebrate Markham Grant Program for implementation in 2016; and further,

 

3)         That General Committee approve that a Council workshop be held in February to establish vision/principles/outcomes/funding envelope formula.

 

Carried by a recorded vote (9:3)

(See following recorded votes)


 

            YEAS:             Councillor Valerie Burke, Councillor Alan Ho, Councillor Karen Rea, Regional Councillor Nirmala Armstrong, Mayor Frank Scarpitti, Councillor Colin Campbell, Councillor Amanda Collucci, Councillor Logan Kanapathi, Councillor Alex Chiu. (9)

 

NAYS:            Councillor Don Hamilton, Regional Councillor Jim Jones, Regional Councillor Joe Li. (3)

 

            ABSENT:        Deputy Mayor Jack Heath. (1)

 

 

(3)       MARKHAM SPORTS, ENTERTAINMENT AND
CULTURAL CENTRE CONFIDENTIAL REPORTS (6.0)

 

1)         That Council approve access to the confidential consultants’ report relative to the Markham Sports, Entertainment and Cultural Centre, through the Legal Department, under controlled circumstances with the City Solicitor, for the new Members of Council, Regional Councillor Nirmala Armstrong, Councillor Karen Rea and Councillor Amanda Collucci.

 

Carried

 

 

(4)        CANADA POST SERVICE CHANGES (13.0)

 

Whereas Canada Post requested a key staff person to assist Canada Post in their efforts to replace door to door mail delivery with community mailboxes (C.M.B.) in affected wards; and,

 

Whereas moving to C.M.B. delivery would be especially hard on seniors and

people living with mobility and health challenges and could undermine their ability

to live independently and will be compounded during inclement weather; and,

 

Whereas the proposed change would entail the downloading of responsibilities,

costs, and liabilities to local governments, such as paving, lighting, snow

removal, and policing related to vandalism and mail theft; and,

 

Whereas this proposed change would have an adverse economic effect on our

communities with regards to the loss of jobs; and,

 

Whereas this proposed change to Canada's postal system is unprecedented in other G7 countries;


 

Therefore be it resolved that:

 

Prior to any service adjustments being implemented by Canada Post and prior to any assistance by City of Markham Staff, the City of Markham as part of our service responsibilities to our residents requires:

 

1)         That Canada Post conduct Town Hall meetings or open communication (in addition to the Canada Post mailed surveys with the residents being affected by the service change) for all concerned residents; and,

 

2)         That the Town Hall meetings be hosted by the local member of Parliament (M.P.) and/or other elected representatives of the community, with Canada Post representatives and all other local councillors to discuss what kind of postal services City of Markham residents need; and,

 

3)         That the City of Markham not endorse Canada Post actions prior to the consultation process being satisfactorily completed; and,

 

4)         That the City of Markham send a letter to Deepak Chopra, Chief Executive Officer, Canada Post, to inform Canada Post that the City of Markham supports the existing delivery system and wishes to retain this valuable service for our communities; and further,

 

5)         That the City of Markham send a copy of this motion to the Honourable Lisa Raitt, Minister of Transport, York Regional Council and all other municipalities in the York Region and the G.T.A. for endorsement and to the Association of Municipalities of Ontario, the Federation of Canadian Municipalities, all York Region M.P.'s and M.P.P.'s.

 

Carried

 

 


 

6(b)      REPORT NO. 5 - DEVELOPMENT SERVICES COMMITTEE (January 13, 2015)

 

Moved by Regional Councillor Jim Jones

Seconded by Councillor Don Hamilton

 

That Report No. 5 – Development Services Committee comprised of 2 items be received and adopted. (See following Item Nos. 1 and 2)

 

(1)        MAIN STREET UNIONVILLE
COMMUNITY VISION PLAN - 2014 (10.0)

            Report  App A  App B  App C  App D  App E  Attachments

            Vision Plan - Section A  Section B  Section C  Section D  Section E

 

Moved by Regional Councillor Jim Jones

Seconded by Councillor Don Hamilton

 

1)                  That correspondence from Reid McAlpine representing the Unionville Ratepayers Association regarding the Main Street Unionville Community Vision Plan-2014 be received; and,

 

2)                  That deputations by Reid McAlpine representing the Unionville Ratepayers Association, Doug Denby, and Christiane Bergauer-Free regarding the Main Street Unionville Community Vision Plan-2014 be received; and,

 

3)         That the Staff report titled “Main Street Unionville Community Vision Plan-2014”, dated January 13, 2015, be received; and,

 

4)         That the Main Street Unionville Community Vision Plan be endorsed in principle (subject to modifications in Appendix ‘D’ to this report) as a guideline for a future Secondary Plan for the area and that the City and other affected parties/ stakeholders be guided by the general direction of the Vision Plan when initiating or reviewing proposed changes in both the public and private realms of the Unionville Heritage Conservation District; and,

 

5)         That staff be authorized to undertake the preparation of a new Secondary Plan for the Unionville Heritage Conservation District as is recommended in the new Official Plan, and the preparation of a Pattern Book to help guide the overall design of new multi-storey development specifically for the Hwy 7 and Village Core/ Crosby Arena focus areas; and,

 

6)         That as part of the Secondary Plan exercise, staff explore opportunities for the focus areas and the parking optimization recommendations from the Vision Plan as well as take into account the staff and agency comments provided in Appendices ‘A’ and ‘C’ to this report; and,


 

7)         That the Development Services Commission staff and Markham Council members be authorized to initiate discussions with senior staff and Board members at the Toronto Region Conservation Authority (TRCA) to determine the feasibility of introducing a parking platform in part of the floodplain lands east of Main Street, including the type of studies and analysis required to appropriately explore the concept, and initiate discussions with senior staff and Trustees at the School Board on options for opening the connection between the school property and Fonthill Lane as required for special events parking access; and,

 

8)         That the following be referred to staff for additional information to be brought back to the Development Services Committee:

 

            "That York Region be requested to work with the City of Markham and Metrolinx to investigate options to eliminate the need for a grade separation at the Highway 7-railway interface while protecting the functions of Highway 7 and the Stouffville corridor GO rail service expansion plan, as a grade separation at this location would have detrimental impacts on the local community from an economic, heritage conservation and aesthetic perspective."; and,

 

9)         That the Commissioner of Development Services provide an update Memo to the Committee regarding the proposed role, responsibilities and funding options, for a trustee or Property Development Coordinator to work with the Unionville BIA and local commercial property owners to implement the Vision Plan; and,

 

10)       That the local Councillor, Mayor, Regional Councillor Jim Jones and any other interested Councillors meet with the Unionville BIA and commercial property owners to discuss the Vision Plan and funding of the Property Development Coordinator position; and,

 

11)       That staff be directed to prepare a new mandate and suggested member composition for the Main Street Unionville Committee (as described in this report) which would be re-constituted as an advisory committee with the objective of overseeing and assisting in the implementation of the Vision Plan; and,

 

12)       That installation of Public Washrooms on Main Street Unionville be referred to the 2015 Budget process; and further,

 

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

 

Carried as amended

(See following to amend)


 

            Resolution No. 8:

            Moved by Regional Councillor Jim Jones

            Seconded by Councillor Don Hamilton

 

That the following Resolution No. 8 be referred to staff for additional information to be brought back to the Development Services Committee:

 

            "That York Region be requested to work with the City of Markham and Metrolinx to investigate options to eliminate the need for a grade separation at the Highway 7-railway interface while protecting the functions of Highway 7 and the Stouffville corridor GO rail service expansion plan, as a grade separation at this location would have detrimental impacts on the local community from an economic, heritage conservation and aesthetic perspective."; and,

Carried

 

 

            Resolution No. 9:

            Council consented to separate Resolution No. 9.

 

            Moved by Regional Councillor Jim Jones

            Seconded by Councillor Don Hamilton

 

            That Resolution No. 9, as proposed, be adopted.

Carried

 

 

            Resolution No. 10:

            Council consented to the delete following proposed Resolution No. 10:

"10)      That the Unionville Sub-Committee meet with the Unionville BIA and commercial property owners to discuss the Vision Plan and funding of the Property Development Coordinator position;"

 

            and replace with the following revised Resolution No. 10:

"10)      That the local Councillor, Mayor, Regional Councillor Jim Jones and any other interested Councillors meet with the Unionville BIA and commercial property owners to discuss the Vision Plan and funding of the Property Development Coordinator position;"

 


 

(2)        2013 CITY OF MARKHAM OFFICIAL PLAN
PART I – YORK REGION NOTICE OF DECISION
AND APPEALS TO THE ONTARIO MUNICIPAL BOARD
REGIONAL MODIFICATIONS TO THE
MARKHAM OFFICIAL PLAN 2014 (10.0)

            Report  Appendix A  Appendix B  Appendix C

 

Moved by Regional Councillor Jim Jones

Seconded by Councillor Don Hamilton

 

1)         That the report entitled “2013 City of Markham Official Plan, Part I – York Region Notice of Decision and Appeals to the Ontario Municipal Board” dated January 13, 2015, be received; and,

 

2)         That Council endorse the modifications and deferrals to the Council adopted Official Plan 2013 approved by York Region on June 12, 2014, as outlined in Appendix ‘A’ of the report entitled “2013 City of Markham Official Plan, Part I – York Region Notice of Decision and Appeals to the Ontario Municipal Board” dated January 13, 2015, save and except matters relating 360 John Street, Markham; and,

 

3)                  That Council endorse the modifications and deferrals to the Council adopted Official Plan 2013 approved by York Region on June 12, 2014, as outlined in Appendix ‘A’ of the report entitled “2013 City of Markham Official Plan, Part I – York Region Notice of Decision and Appeals to the Ontario Municipal  Board” dated January 13, 2015, specifically matters relating 360 John Street, Markham; and further,

 

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

 

Carried

(Councillor Valerie Burke abstained due to conflict noted below)

 

Councillor Valerie Burke disclosed an interest with respect to Item 2, Report No. 5 (2013 City of Markham Official Plan) as she has a family owned business in the Thornhill area, and did not take part in the discussion or vote on matters specifically related to 360 John Street.

 

Council consented to separate the matter relating to 360 John Street to allow Councillor Valerie Burke in disclosing an interest.

 

 


 

7.         MOTIONS

 

There were no motions.

 

 

 

8.         NOTICES OF MOTIONS

 

There were no notices of motions.

 

 

 

9.         COMMUNICATIONS

 

Moved by Councillor Alex Chiu

Seconded by Councillor Logan Kanapathi

 

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

 

Received

5-2015             ONTARIO MUNICIPAL BOARD (OMB) DECISION, FOREST BAY HOMES LTD., 6350 STEELES AVENUE (13.13)

                        Letter

Summary from the City Solicitor:

On November 10, 2014, the Ontario Municipal Board issued a decision approving the settlement of an appeal by Forest Bay Homes Ltd. (the “Appellant”) respecting the City’s failure to make a decision regarding applications for Official Plan and Zoning By-law Amendments and draft plan of subdivision (the "Applications") at 6350 Steeles Avenue, located north of Steeles Avenue East and east of Markham Road.  The Applications permit a residential development consisting of 832 residential units, including single detached, semi-detached, and apartment units. An existing heritage home will be relocated to the northern end of the subject lands.  Remington Group Inc ("Remington")., owner of abutting lands to the east, was also a party to the appeal.

 

Following settlement discussions, the Appellant, Remington and the City agreed to a resolution of the appeal.  A zoning by-law amendment, official plan amendment and conditions of draft plan of subdivision approval were agreed to by the City, the Appellant and Remington.  In addition, the City of Toronto advised that Steeles Avenue would need to be widened prior to construction of the full development, so the draft plan conditions require the that development be phased, with full build-out not occurring until the widening is complete.


 

The Board member considered evidence from the Appellant’s planner in support of the settlement, and approved the Applications.

(By-laws 2015-6 and 2015-7 approved by OMB)

 

Carried

 

 

6-2015             LIQUOR LICENCE APPLICATION FOR RAWLICIOUS, 116 MAIN STREET MARKHAM NORTH (WARD 4) (3.21)

Info

Forwarding a request for the City of Markham to complete the Municipal Information Form.

(Change of ownership and application of a liquor licence for indoor and outdoor areas not previously licenced).

 

Carried

 

 

7-2015             LIQUOR LICENCE APPLICATION FOR EVO NIGHTLIFE, 8241 WOODBINE AVENUE, SUITES 1-3 (WARD 8) (3.21)

                        Info

Forwarding a request for the City of Markham to complete the Municipal Information Form.

(New premises and application of a new liquor licence for indoor areas).

 

Carried

 

 

 

10.       PROCLAMATIONS

 

There were no proclamations.

 

 

 

11.       NEW/OTHER BUSINESS

 

There was no new/other business.

 

 


 

12.       BY-LAWS

 

Three Readings

 

BY-LAW 2015-6        FOREST BAY HOMES LTD., 6350 STEELES AVENUE EAST, ZONING BY-LAW AMENDMENTS APPROVED BY ONTARIO MUNICIPAL BOARD (OMB)

                                    By-law

                                    (By-law 2015-6 is for information only to facilitate the assignment of a by-law number as the Official Plan was approved by OMB)

                                    (Communication No. 5-2015)

 

 

BY-LAW 2015-7        FOREST BAY HOMES LTD., 6350 STEELES AVENUE EAST, OFFICIAL PLAN AMENDMENT NO. 226 TO THE IN FORCE OFFICIAL PLAN (REVISED (1987), AS AMENDED, APPROVED BY ONTARIO MUNICIPAL BOARD (OMB)

                                    By-law

                                    (By-law 2015-7 is for information only to facilitate the assignment of a by-law number as the amendments were approved by OMB)

                                    (Communication No. 5-2015)

 

 

Moved by Councillor Alex Chiu

Seconded by Councillor Alan Ho

 

That By-laws 2015-8 and 2015-9 be given three readings and enacted.

 

BY-LAW 2015-8        A BY-LAW TO LEVY THE ACTUAL COST OF CONSTRUCTION OF THE SANITARY SEWER ON MAIN STREET MARKHAM AND FISHER COURT AREA

                                    By-law

                                    (New/Other Business Item No. 1 – May 15, 2014 Council Meeting)

Carried

 

 

BY-LAW 2015-9        SUNRISE ACQUISITIONS (UNIONVILLE) INC., HOLD REMOVAL BY-LAW

                                    By-law

                                    A by-law to amend Zoning By-law 177-96, as amended, to permit construction of 6 single-detached dwellings.

Carried

 

 


 

13.       IN-CAMERA ITEMS

 

Council consented to not resolve into in-camera session to discuss the following matters:

 

(1)        MINUTES OF IN-CAMERA COUNCIL MEETING - DECEMBER 16, 2014 (16.0)

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

 

 

General Committee – January 12, 2015

 

(2)        A PROPOSED OR PENDING ACQUISITION OR DISPOSITION OF LAND BY THE MUNICIPALITY OR LOCAL BOARD (WARD 8) (8.6)

            [Section 239 (2) (c)]

 

 

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

 

 

(1)        MINUTES OF IN-CAMERA COUNCIL MEETING
            - DECEMBER 16, 2014 (16.0)

 

Moved by Councillor Alex Chiu

Seconded by Councillor Karen Rea

 

            1)         That the Council In-camera Minutes dated December 16, 2014 be confirmed.

 

Carried

 

 

(2)        A PROPOSED OR PENDING ACQUISITION OR DISPOSITION OF LAND BY THE MUNICIPALITY OR LOCAL BOARD (WARD 8) (8.6)

 

Moved by Regional Councillor Jim Jones

Seconded by Councillor Colin Campbell

 

1)         That the confidential presentation provided by the Chief Administrative Officer and City Solicitor regarding a proposed or pending acquisition or disposition of land by the municipality or local board matter in Ward 8 be received; and,

 

2)         That staff be authorized to proceed as directed by Council on January 13, 2015.

 

Carried

 

 


 

14.       CONFIRMATORY BY-LAW

 

Moved by Councillor Alex Chiu

Seconded by Regional Councillor Nirmala Armstrong

 

That By-law 2015-10 be given three readings and enacted.

 

Three Readings

 

BY-LAW 2015-10      A BY-LAW TO CONFIRM THE PROCEEDINGS OF THE COUNCIL MEETING OF JANUARY 13, 2015

                                    By-law

 

Carried

 

 

 

15.       ADJOURNMENT

 

Moved by Councillor Alex Chiu

Seconded by Councillor Valerie Burke

 

That the Council Meeting be adjourned at 8:03 PM.

 

Carried

 

 

 

 

 

 

_________________________________                        _______________________________

Kimberley Kitteringham                                                      Frank Scarpitti

City Clerk                                                                          Mayor

 

(Signed)

 

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