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Council Minutes

December 12, 2018, 1:00 PM

Council Chamber, Anthony Roman Markham Civic Centre

Meeting No. 2

 

ROLL CALL

Mayor Frank Scarpitti, Deputy Mayor Don Hamilton, Regional Councillor Jack Heath, Regional Councillor Joe Li (arrived at 1:17 PM), Regional Councillor Jim Jones, Councillor Keith Irish, Councillor Alan Ho, Councillor Reid McAlpine, Councillor Karen Rea, Councillor Andrew Keyes, Councillor Amanda Collucci, Councillor Khalid Usman, Councillor Isa Lee.

 

 

STAFF

Andy Taylor, Chief Administrative Officer

Catherine Conrad, City Solicitor and Acting Director of Human Resources

Trinela Cane, Commissioner of Corporate Services

Brenda Librecz, Commissioner of Community and Fire Services

Arvin Prasad, Commissioner of Development Services

Joel Lustig, Treasurer

Kimberley Kitteringham, City Clerk

Martha Pettit, Deputy City Clerk

John Wong, Technology Support Specialist

Bryan Frois, Chief of Staff

Andrea Berry, Senior Manager, Corporate Communications & Community Engagement

Mary Creighton, Director, Recreation Services, Recreation Services

Brian Lee, Director, Engineering

Hersh Tencer, Senior Manager, Real Property, Legal Services

Alex Moore, Senior Manager, Procurement & Accounts Payable, Financial Services

 

 

The meeting of Council convened at 1:14 PM on December 12, 2018 in the Council Chamber. Mayor Frank Scarpitti presided.

 

Council recessed at 4:36 PM and reconvened at 4:52 PM.

 

 

INDIGENOUS LAND ACKNOWLEDGEMENT

 

We begin today by acknowledging that we walk upon the traditional territories of Indigenous Peoples and we recognize their history, spirituality, culture, and stewardship of the land. We are grateful to all Indigenous groups for their commitment to protect the land and its resources and we are committed to reconciliation, partnership and enhanced understanding.

 

1.         DISCLOSURE OF PECUNIARY INTEREST

 

None disclosed.

 

 

 

2.         APPROVAL OF PREVIOUS MINUTES

 

Moved by Deputy Mayor Don Hamilton

Seconded by Councillor Amanda Collucci

 

(1)        COUNCIL MINUTES – NOVEMBER 27, 2018
AND THE COUNCIL INAUGURAL MEETING - DECEMBER 7, 2018

            Minutes            Minutes

 

            1)         That the Minutes of the Council Meeting held on November 27, 2018 and the Council Inaugural meeting held on December 7, 2018 be adopted.

Carried

 

 

 

3.         PRESENTATIONS

 

(1)        CERTIFICATE OF APPRECIATION - MERLYN SELVA (12.2.6)

 

The Mayor presented a certificate of appreciation to Merylyn Selva in recognition of providing 20 years of Unique Catering and for being an integral part of the City's community and social events for twenty years.

 

Carried

 

 

 

(2)        DECLARATION OF OFFICE – MEMBERS OF COUNCIL (16.0)

 

            The Mayor presented each member of Council with their signed Declaration of Office and congratulated all Councillors.

 

 

 

4.         DEPUTATIONS

 

There were no deputations.

 

 

 

 

 

 

5.         COMMUNICATIONS

 

Moved by Councillor Alan Ho

Seconded by Councillor Karen Rea

 

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

 

Received

32-2018           LIQUOR LICENSE: APPLICATION FOR SOMI KTV, 8630 KENNEDY ROAD, (WARD 3) (3.21)

                        Info

 

                        Request for the City of Markham to complete the Municipal Information Form.

                        (New liquor licence for indoor areas)

 

Carried

 

 

6.         PROCLAMATIONS

 

 

7(A)     REPORT NO. 1 – GENERAL COMMITTEE (DECEMBER 10, 2018)

 

Moved by Regional Councillor Jack Heath

Seconded by Councillor Khalid Usman

 

That the report of the General Committee be received & adopted. (Items 1 to 6), except for Items 1, 4 and 5. (See following Item Nos. 1, 4 and 5).

 

(1)        STATUS OF CAPITAL PROJECTS
AS OF
SEPTEMBER 30, 2018 (7.0)

            Report     Exhibits A-D

 

Moved by Councillor Karen Rea

Seconded by Councillor Jack Heath

 

1)         That the report dated November 12, 2018 entitled “Status of Capital Projects as of September 30, 2018” be received; and,

2)         That the amount of $3,564,066 from the closure of capital projects be transferred to the sources of funding as listed on Exhibit A; and,

3)         That the closure of projects as outlined on Exhibit B and C be approved; and,

4)         That the surplus funds of $1,707,326 from open capital projects be returned to the sources of funding as listed on Exhibit D; and,

5)         That the Non-Development Charge Capital Contingency Project be topped up from the Life Cycle Replacement and Capital Reserve Fund by $656,605 to the approved amount of $250,000; and,

6)         That the Engineering Capital Contingency Project be topped up from the City-Wide Hard Development Charges Reserve by $34,068 to the approved amount of $100,000; and,

7)         That the Design Capital Contingency Project be topped up from the Development Charges Reserve by $90,036 to the approved amount of $100,000; and,

8)         That the Planning Capital Contingency Project be topped up from the Development Charges Reserve by $17,552 to the approved amount of $50,000; and,

9)         That the Waterworks Capital Contingency Project be topped up from the Waterworks Stabilization/Capital Reserve by $1,301,775 to the approved amount of $100,000; and,

10)       That asbestos remediation at 55 Parkway (Capital project 16291) in the amount of $265,848, originally funded by the Non-DC Capital Contingency account, be returned to the Life Cycle Replacement & Capital Reserve Fund and be funded from the Land Acquisition Reserve Fund, increasing the budget from $21,000,000 to $21,265,848; and,

 

11)       That the shortfall of $239,037 in Capital Project 18307 - A/C Index Asphalt Resurfacing be funded from the Gas Tax Reserve, increasing the budget from $220,816 to $459,853; and further,

 

12)       That Capital Project 15055 - Markham Centre - Parking Business Plan remains open and funds not be returned to the original funding source; and further,

 

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

Carried as amended

 

 

Council consented to amend the recommendation by adding the following clause as Recommendation No. 12:

 

12)       That Capital Project 15055 - Markham Centre - Parking Business Plan remains open and funds not be returned to the original funding source; and further,

Carried

 

 

(2)        AWARD OF CONTRACT 049-T-18 ROUGECREST
SEWAGE PUMPING STATION UPGRADES
(7.12)

            Report

 

Moved by Regional Councillor Jack Heath

Seconded by Councillor Khalid Usman

 

1)         That the report entitled “Award of Contract 049-T-18 Rougecrest Sewage Pumping Station Upgrades” be received; and,

 

2)         That the contract for Rougecrest Sewage Pumping Station Upgrades be awarded to the lowest priced bidder, Robert B. Somerville Co. Limited, in the total amount of $360,683.23 inclusive of HST; and,

 

3)         That a 10% contingency in the amount of $36,068.32, 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 the award of $396,751.56 ($360,683.23+$36,068.32) be funded from Capital Project 17218 “Rougecrest Pumping Station Upgrades” with available budget of $350,400.00; and,

 

5)         That the budget shortfall in the amount of $46,351.56 ($350,400.00-$396,751.56) be funded from the Waterworks Stabilization/ Capital Reserve; and,

 

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

Carried

 

 

 

(3)        169-17 SUPPLY AND INSTALLATION OF
ENTERPRISE ASSET MANAGEMENT SYSTEM (EAM)
(7.12)

            Report

 

Moved by Regional Councillor Jack Heath

Seconded by Councillor Khalid Usman

 

1)         That the report entitled “Award of Proposal 169-R-17 Supply and Installation, Enterprise Asset Management Solution (EAM)”  be received; and,

 

2)         That the contract for 169-R-17 Supply and Installation, Enterprise Asset Management Solution (EAM) be awarded to the highest ranked/lowest priced bidder, Egov Solutions, Inc. (DBS Lucity Canada) in the amount of $1,650,025.17 inclusive of HST, of which $1,193,122.77 is for the software and implementation costs and $456,902.40 is for four  years of support and maintenance; and,

 

3)         That the cost of the software, and implementation costs in the amount of $1,193,122.77 be funded from the following capital projects; #16070 “WW Hansen 8 Upgrade”, #11116 “Enterprise Asset Management Phase 2 Implementation”, and #18077 “Enterprise Asset Management Solution – Additional Funds” with a combined available budget of $1,175,045.14; and,

 

4)         That the capital budget shortfall in the amount of $18,077.63 inclusive of HST ($1,175,045.14 - $1,193,122.77) be funded from the Waterworks Reserve ($11,750.46 or 65%) and the Life Cycle Replacement and Capital Reserve Fund ($6,327.17 or 35%); and,

 

5)         That the cost of the software support and maintenance fees of $456,902.40 inclusive of HST for a four years (Year 2 to 5) term be funded from #400-400-5361 with an available annual budget of $106,000.00, subject to Council approval of the 2020-2023 operating budgets in the amounts of;

 

a.   Year 2 (2020) - $111,936.00

b.   Year 3 (2021) - $113,462.40

c.   Year 4 (2022) - $114,988.80

d.   Year 5 (2023) - $116,515.20

     Total -   $456,902.40; and,

 

6)         That the operating budget shortfall of $5,936.00 ($111,936.00 - $106,000.00) in 2020 (Year 2) and future increases in 2021 to 2023 (Years 3 to 5) be funded from existing annual maintenance budget totaling $34,700.00 ($26,100.00 USD x 1.33 exchange rate) that will no longer be required upon full implementation of EAM; and,

 

7)         That a contract Staff for a three-year term to a maximum amount of $113,135.00 (including benefits, subject to annual cost of living adjustment equivalent to the collective agreement increase) be pre-approved as part of the 2019 Operating Budget to support the implementation, change management, testing and training of the EAM system; and,

 

8)         That the 2019 contract Staff be funded from Waterworks Reserve ($73,538 or 65%) and Life Cycle Replacement & Capital Reserve Fund ($39,597); and,

 

9)         That a full-time Staff to support the implementation, change management, testing and training of the EAM system and technical support for the application during the project implementation and on going basis in the amount of $116,673.00 (including benefits) be addressed as part of the 2019 Operating Budget; and,

 

10)       That  Egov Solutions, Inc. (DBS Lucity Canada) be designated as the preferred vendor for the City of Markham’s Enterprise Asset Management Solution (EAM); and,

 

11)       That the Chief Information Officer be authorized to approve the annual support and maintenance fee subject to Council approval of the annual Operating Budget; and further,

 

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

Carried

 

 

 

(4)        CANNABIS RETAIL STORE
LICENSING IN ONTARIO (16.0)

            Presentation

 

Moved by Councillor Andrew Keyes

Seconded by Councillor Keith Irish

 

1)         That the December 10, 2018 presentation by Mr. Michael Killingsworth, Deputy City Clerk, By-Law Enforcement, Licensing and Regulatory Services entitled  “Cannabis Retail Store Licensing in Ontario” be received; and,

 

2)         That the City of Markham reaffirm that it is not a willing host of cannabis retail locations and that the City is opting out of permitting physical cannabis retail stores within Markham; and,

 

3)         That the City Clerk provide written notice of Markham’s opting out decision to the Registrar of the Alcohol and Gaming Commission of Ontario in accordance with the Cannabis Licence Act, 2018; and,

 

4)         That the City of Markham strongly requests that the Government of Ontario provide financial support to municipalities regardless of whether they opt-in or out as municipalities face additional costs associated with the legalization of cannabis; and further,

 

5)         That a copy of this resolution and Markham’s Cannabis By-law be provided to all municipalities within York Region, the Regional Municipality of York, and all Ontario municipalities with a population of 100,000 or greater.

 

 

Carried as amended by recorded voted (12:1)

(See following motion to amend Resolution)

(See following motion to separate the recommendation for voting purposes)

(See following original recommendation)

 

 

 

Recorded Vote for Recommendation Nos. 1 to 4 (12:1)

 

YEAS:             Councillor Alan Ho, Councillor Reid McAlpine, Councillor Karen Rea, Regional Councillor Jim Jones, Deputy Mayor Don Hamilton, Mayor Frank Scarpitti, Regional Councillor Jack Heath, Regional Councillor Joe Li, Councillor Andrew Keyes, Councillor Amanda Collucci, Councillor Khalid Usman, Councillor Isa Lee (12)

 

NAYS: Councillor Keith Irish (1)

 

 

Motion to amend the recommendation from the December 10, 2018 General Committee by adding the following:

 

5)         Following the presentation of the staff report in 18 months, Council will reconsider whether or not to permit retail sales of cannabis within the City of Markham; and,

 

 

Recorded Vote for the Amended Recommendation No. 5 (10:3)

 

NAYS:             Councillor Alan Ho, Councillor Karen Rea, Regional Councillor Jim Jones, Deputy Mayor Don Hamilton, Mayor Frank Scarpitti, Regional Councillor Jack Heath, Regional Councillor Joe Li, Councillor Amanda Collucci, Councillor Khalid Usman, Councillor Isa Lee (10)

 

YEAS:             Councillor Keith Irish, Councillor Reid McAlpine, Councillor Andrew Keyes (3)

Lost

 

 

 

Recorded Vote to amend the recommendation by adding the following clause:

 

4)         The City of Markham strongly requests that the Government of Ontario provide financial support to municipalities regardless of whether they opt-in or out as municipalities face additional costs associated with the legalization of cannabis;

Carried by a recorded vote (13:0)

 

 

YEAS:             Councillor Keith Irish, Councillor Alan Ho, Councillor Reid McAlpine, Councillor Karen Rea, Regional Councillor Jim Jones, Deputy Mayor Don Hamilton, Mayor Frank Scarpitti, Regional Councillor Jack Heath, Regional Councillor Joe Li, Councillor Andrew Keyes, Councillor Amanda Collucci, Councillor Khalid Usman, Councillor Isa Lee (13)

 

NAYS: (0)

 

Recorded Vote to Amend Recommendation No. 5 (9:4)

 

5)         That staff report back to Markham City Council in 18 months with an update on the impact of the legalization of cannabis on the City and an overview and assessment of experiences and effect of cannabis retail outlets in other Canadian juristrictions.

 

NAYS:             Councillor Alan Ho, Councillor Karen Rea, Regional Councillor Jim Jones, Deputy Mayor Don Hamilton, Mayor Frank Scarpitti, Regional Councillor Joe Li, Councillor Amanda Collucci, Councillor Khalid Usman, Councillor Isa Lee (9)

 

YEAS:             Councillor Keith Irish, Councillor Reid McAlpine, Regional Councillor Jack Heath, Councillor Andrew Keyes, (4)

Lost

 

 

 

Council had before it the following recommendation from the December 10, 2018 General Committee meeting for consideration:

 

1)         That the December 10, 2018 presentation by Mr. Michael Killingsworth, Deputy City Clerk, By-Law Enforcement, Licensing and Regulatory Services entitled  “Cannabis Retail Store Licensing in Ontario” be received; and,

 

2)         That the City of Markham reaffirm that it is not a willing host of cannabis retail locations and that City is opting out of permitting physical cannabis retail stores within Markham; and,

 

3)         That the City Clerk provide written notice of Markham’s opting out decision to the Registrar of the Alcohol and Gaming Commission of Ontario in accordance with the Cannabis Licence Act, 2018; and further,

 

4)         That a copy of this resolution and Markham’s Cannabis By-law be provided to all municipalities within York Region, the Regional Municipality of York, and all Ontario municipalities with a population of 100,000 or greater.

 

5)         That staff report back to Markham City Council in 18 months with an update on the impact of the legalization of cannabis on the City.

 

 


 

(5)        BILL 148 RECAP AND USER FEES COMPETITIVE ANALYSIS (7.0)

            Presentation     Report     Appendix A

 

Moved by Regional Councillor Jack Heath

Seconded by Councillor Andrew Keyes

 

1)         That the presentation dated December 10, 2018 entitled “Bill 148 Recap and User Fees Competitive Analysis” be received; and,

 

2)         That Option 2 “Retain the status quo by not making changes to the Operating Budget” for Bill 148 unused funds be approved; and,

 

3)         That the 2019 user fee, permit and fine increases and their respective effective dates as outlined on Appendix A of the report dated November 12, 2018 entitled “2019 User Fee, Permit and Fine Increases – Market Competitive Analysis” be approved; and,

 

4)         That Council approve in principle the establishment of a subsidy program for children and youth and staff will report back before the fall in 2019 with the guidelines and eligibility criteria and intake system;  and, ,

 

5)         That the proposed parking permit fee be increased to $42.50 in 2019 and $55.00 in 2020; and,

 

6)         That the User Fees, save and except for the recreation fees and permits, be approved; and,

 

7)         That further discussion on the Recreation fees and permits be deferred to the Budget Committee; and further,

 

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

Carried as amended

 

Moved by Regional Councillor Jack Heath

Seconded by Councillor Andrew Keyes

 

That the proposed parking permit fee be increased to $42.50 in 2019 and $55.00 in 2020.

Carried

 

Moved by Councillor Karen Rea

Seconded by Regional Councillor Jack Heath

 

That the User Fees, save and except for the recreation fees and permits, be approved; and,

 

Recorded Vote

 

YEAS:             Councillor Alan Ho, Councillor Reid McAlpine, Councillor Karen Rea, Regional Councillor Jim Jones, Deputy Mayor Don Hamilton, Mayor Frank Scarpitti, Regional Councillor Jack Heath, Regional Councillor Joe Li, Councillor Andrew Keyes, Councillor Khalid Usman, Councillor Isa Lee (11)

 

NAYS: Councillor Keith Irish, Councillor Amanda Collucci (2)

Carried (11:2)

 

 

 

Moved by Councillor Karen Rea

Seconded by Regional Councillor Jack Heath

 

That Recreational fees and permits as presented be approved. 

 

Recorded Vote

 

NAYS:             Councillor Alan Ho, Councillor Reid McAlpine, Councillor Karen Rea, Regional Councillor Jim Jones, Deputy Mayor Don Hamilton, Regional Councillor Jack Heath, Regional Councillor Joe Li, Councillor Andrew Keyes (8)

 

YEAS:             Councillor Keith Irish, Mayor Frank Scarpitti, Councillor Amanda Collucci, Councillor Khalid Usman, Councillor Isa Lee (5)

 

Lost (8:5)

 

Moved by Regional Councillor Jack Heath

Seconded by Deputy Mayor Don Hamilton

 

That further discussion on the Recreation fees and permits be referred to the Budget Committee.

 

Carried

 

 


(6)        2019 BUDGET SCHEDULE (7.0)

            Report

 

Moved by Regional Councillor Jack Heath

Seconded by Councillor Khalid Usman

 

1)         That the report dated December 10, 2018 entitled “2019 Budget Schedule” be received; and,

 

2)         That the following schedule for the 2019 Budget be approved with the dates and times below:

Meeting #1 – Friday, January 18, 2019 (1 p.m. to 4 p.m. – Council Chamber)

 

Meeting #2 – Tuesday, January 22, 2019 (9 a.m. to 12 p.m. – Council Chamber)

 

Meeting #3 – Friday, January 25, 2019 (9 a.m. to 12 p.m. – Council Chamber)

 

Meeting #4 – Tuesday, January 29, 2019 (9 a.m. to 12 p.m. – Council Chamber)

 

Meeting #5 – Tuesday, February 5, 2019 (9 a.m. to 12 p.m. – Council Chamber)

 

Meeting #6 – Friday, February 8, 2019 (9 a.m. to 12 p.m. – Council Chamber)

 

General Committee – Tuesday, February 19, 2019 (9 a.m. – Council Chamber) – draft presentation on the proposed 2019 Budget for the public meeting

 

Public Meeting – Thursday, February 21, 2019 (7 p.m. to 9 p.m. – Council Chamber)

   – Feedback from the public meeting will be incorporated into the report to Council

 

Council Decision – Tuesday, March 19, 2019 (7 p.m. – Council Chamber)

 

Press Conference – Wednesday, March 20, 2019 (10 a.m. – Canada Room); and,

 

3)         That the following schedule for the 2019 Water & Wastewater Rate be approved with the dates and times below:

General Committee – Monday, January 21, 2019 (9 a.m. – Council Chamber)

 

Public Meeting – Tuesday, February 5, 2019 (6 p.m. – Council Chamber)

– Feedback from the public meeting will be incorporated into the report to Council

 

Council Decision – Tuesday, February 26, 2019 (7 p.m. – Council Chamber); and further,

 

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

Carried

 

7(B)     REPORT NO. 2 – DEVELOPMENT SERVICES COMMITTEE
(DECEMBER 11, 2018)

 

Moved by Regional Councillor Jim Jones

Seconded by Councillor Andrew Keyes

 

That the report of the Development Services Committee be received & adopted. (Items 1 to 5):

 

(1)        AUTHORITY TO ENTER INTO AN AGREEMENT
            WITH YORK REGION DISTRICT SCHOOL BOARD
            PROPOSED GATE BETWEEN CITY PROPERTY AND
            PARKVIEW PUBLIC SCHOOL (22 FONTHILL BLVD)
            WARD 3 (8.0)

            Report

 

1)         That the staff report titled “Authority to Enter into an Agreement with York Region District School Board, Proposed Gate between City Property and Parkview Public School (22 Fonthill Blvd), Ward 3”, dated December 11, 2018, be received; and,

 

2)         That Council authorizes the Mayor and Clerk to enter into an agreement with the York Region District School Board regarding the installation and operation of a vehicular/pedestrian gate between City property and Parkview Public School in Unionville to the satisfaction of the Commissioner of Development Services and the City Solicitor; and,

 

3)         That the correspondence from Gilbert Luk, Associate Manager, Planning and Property Development, York Region District School Board, be received; and further,

 

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

Carried

 

 

 

(2)        ACCEPTANCE FOR MAINTENANCE
            OF PLANS OF SUBDIVISION
            REGISTERED PLAN NUMBERS:
            65M-4333, 65M-4334, 65M-4432, 65M-4452
            65M-4474, 65M-4479, 65M-4589 (WARDS 2, 3, 4 AND 5) (10.7)

            Report

 

 

1)         That the report entitled “Acceptance for Maintenance of Plans of Subdivision, Registered Plan Numbers: 65M-4333, 65M-4334, 65M-4432, 65M-4452, 65M-4474, 65M-4479, 65M-4589”, be received; and,

 

2)         That the municipal services in Subdivision Registered Plan numbers 65M-4333, 65M-4334, 65M-4432, 65M-4452, 65M-4474, 65M-4479, 65M-4589, be Accepted for Maintenance; and,

 

3)         That the Acceptance for Maintenance Period commence as of October 01, 2018, which is the date the subdivisions were eligible for acceptance; and,

 

4)         That the Community Services Commission accept the responsibility for operating and maintaining the municipal infrastructure within the subdivisions as part of the City’s asset; and,

 


5)         That future operating budgets be adjusted to include the operations and maintenance of the above subdivisions; and,

 

6)         That by-laws as shown on Attachment ‘H’, be enacted by Council to establish each of the roads within the subdivisions as a public highway of the City of Markham; and,

 

7)         That the by-law as shown on Attachment ‘I’, to amend Schedule ‘12’ of Traffic By-law #106-71, by including compulsory stops to the indicated streets, be enacted; and,

 

8)         That the by-law as shown on Attachment ‘J’, to amend Schedule ‘A’ of the Speed By-law #2017-104, by including a maximum speed of 40 kilometers per hour for the streets indicated, be enacted; and,

 

9)         That the by-law as shown on Attachment ‘K’, to amend Schedule ‘F’ of the Speed By-law #105-71, by including a maximum speed of 50 kilometres per hour for the streets indicated, be enacted; and,

 

10)       That the by-law as shown on Attachment ‘L’, to amend Schedule ‘C’ of the Parking of Vehicles By-law #2005-188, by including prohibited parking on the streets indicated, be enacted; and,

 

11)       That the Mayor and Clerk be authorized to execute the necessary releases from the terms of the Subdivision Agreements, subject to confirmation from the Director of Engineering that the Maintenance Period have been completed; and further,

 

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

Carried

 

 

 

(3)        BURNCREST ROAD PROPOSED
            PARKING PROHIBITION (WARD 8) (5.12)

            Report

 

1)         That the report entitled “Burncrest Road Proposed Parking Prohibition,” be received; and,

 

2)         That Schedule “C” of Parking By-law 2005-188 be amended to prohibit parking on both sides of Burncrest Road, in its entirety; and,

 

3)         That the cost of materials and installation for the traffic signs and pavement markings in the amount of $500 be funded from capital project # 083-5350-18056-005 ‘Traffic Operational Improvements’; and,

 

4)         That the Parking Control Department be directed to enforce the parking prohibition upon installation of the signs and passing of the by-law; and further,

 

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

Carried

 

 

 

(4)        PROPOSED ALL-WAY STOP – VICTORIA SQUARE BLVD.
            & BETTY ROMAN BLVD. / STONY HILL BLVD. (WARD 2) (5.12)

            Report

 

1)         That the report entitled “Proposed All-way Stop – Victoria Square Blvd. & Betty Roman Blvd. / Stony Hill Blvd. (Ward 2)”  be received; and, 

 

2)         That Schedule 12 of Traffic By-law 106-71, pertaining to compulsory stops, be amended to include all approaches to the intersection of Victoria Square Blvd. & Betty Roman Blvd./Stony Hill Blvd; and,

 

3)         That the Operations Department be directed to install the appropriate signs and pavement markings at the subject location; and,

 

4)         That York Region Police be requested to enforce the all-way stop controls upon installation of these stop signs and passing of the By-law; and further,

 

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

Carried

 

 

 

(5)        ARTERIAL AND COLLECTOR ROAD
            SIDEWALK COMPLETION PROGRAM, ALL WARDS (5.0)

            Report

 

 

1)         That the report entitled “Arterial and Collector Road Sidewalk Completion Program, All Wards” be received; and,

 

2)         That the annual sidewalk capital program to close network gaps over the period of 2019 to 2028 be prioritized based on the projects in Attachment ‘C’ until the project list is exhausted or projects are eliminated; and,

 

3)         That staff be directed to develop a public communications plan for the sidewalk network completion program starting in 2019; and,

 

4)         That staff report annually on the proposed list of sidewalks to be completed within the year and that report be considered at the Budget Subcommittee; and further,

 

5)         That staff report back on the sidewalk program by 2022 to complete the program earlier by 1 or 2 years, and to update the projects in Tables A.3 and Table A.4 where appropriate; and further,

 

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

Carried

 

 

 

7(C)     REPORT NO. 3 – DEVELOPMENT SERVICES PUBLIC MEETING
(DECEMBER 11, 2018)

 

Moved by Regional Councillor Jim Jones

Seconded by Councillor Khalid Usman

 

That the report of the Development Services Public Meeting be received & adopted. (1 Item):

 

 

(1)        DEVELOPMENT FEE AND
            BUILDING FEE BY-LAWS UPDATE (2018) (10.0)

            Report

 

1)         That the Record of the Public Meeting held on December 11, 2018, with respect to the proposed amendments to the Development and Building Fee By-laws be received; and,

 

2)         That the amendment to By-law 211-83, as amended, “Tariff of Fees for the Processing of Planning Applications,” substantially in the form attached as Attachment A, be enacted; and,

 

3)         That By-law 2017-150 as amended be repealed and the attached “By-law respecting Construction, Demolition and Change of Use Permits and Inspections,” attached as Attachment “B”, be enacted; and,

 

4)         That the By-laws come into force and take effect on January 1, 2019; and further,

 

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

Carried

 

 

 

8.         MOTIONS

 

There were no motions.

 

 

 

9.         NOTICE OF MOTION TO RECONSIDER

 

There were no notices of motion to reconsider.

 

 

 

10.       NEW/OTHER BUSINESS

 

(1)        2019 COUNCIL AND STANDING COMMITTEE
MEETING CALENDAR (16.0)

            Calendar

 

Moved by Councillor Jack Heath

Seconded by Councillor Khalid Usman

 

1.      That the proposed 2019 Meeting Calendar be adopted with the following amendments:

 

1)      That the General Committee & Development Services Committee meetings start at 9:30 am; and,

 

2)      That every other Council meeting be held during the day from 1 pm – 6 pm on a pilot basis; and,

 

 

 

 

 

3)      That the Clerk report back at the end of April on the results of the pilot; and further,

 

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

 

Carried as amended

 

 

 

11.       ANNOUNCEMENTS

 

There were no announcements.

 

 

 

12.       BY-LAWS

 

Council consented to add By-law 2010-20 and 2019-21.

 

Moved by Councillor Khalid Usman

Seconded by Councillor Keith Irish

 

That By-laws 2019-2, 2019-3 and 2019-8 to 2019-21 be given three readings and enacted.

 

Carried

 

 

Moved by Regional Councillor Joe Li

Seconded by Deputy Mayor Don Hamilton

 

That By-law 2019-4 be considered immediately after Report No. 2.

Carried on 2/3 vote

 

 

Moved by Councillor Reid McAlpine

Seconded by Deputy Mayor Don Hamilton

 

That By-law 2019-4 be given three readings and enacted.

 

 

Carried

 

 

Three Readings

 

BY-LAW 2019-2        A BY-LAW TO AMEND PARKING BY-LAW 2005-188

By-law

Carried

 

 

BY-LAW 2019-3        KYMBERVILLE CAPITAL INC., PART LOT CONTROL EXEMPTION BY-LAW

A by-law to designate part of a certain plan of subdivision not subject to Part Lot Control, Blocks 9 to 16 (inclusive) and 22 to 27 (inclusive), Registered Plan 65M-4603, located north of Highway 7 East and east of Bur Oak Avenue in the Cornell community.

By-law

Carried

 

 

BY-LAW 2019-4        2124123 ONTARIO LIMITED, 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 1 on Registered Plan 65M-4595, which is located on the north side of Highway 7, west of Village Parkway.

By-law

Carried

 

 

BY-LAW 2019-5        RULAND PROPERTIES – THE REMINGTON GROUP INC., NORTH SIDE OF ENTERPRISE BOULEVARD, EAST OF BIRCHMOUNT ROAD, ZONING BY-LAW AMENDMENT

A By-law to amend by-law 2004-196, as amended, to accommodate two proposed mixed use developments.

By-law

Carried

 

 

BY-LAW 2019-6        A BY-LAW TO AMEND BY-LAW 2015-93 BEING A BY-LAW TO IMPLEMENT AN ADMINISTRATIVE MONETARY PENALTY SYSTEM IN MARKHAM FOR PARKING OFFENCES

Amendments to AMPS By-law

By-law

Carried

 

 

BY-LAW 2019-9        A BY-LAW TO ESTABLISH STREETS LAID OUT ACCORDING TO PLAN OF SUBDIVISION 65M-4333 AS A PUBLIC HIGHWAY PART OF LOT 20, CONCESSION 8  (DIGRAM DEVELOPMENTS INC.)

(Black Locust Drive, Delray Drive, Fimco Crescent (Both Portions), Rougeview Park Crescent (Both Portions), and the Lanes namely Blocks 28 to 30, inclusive)

(Item No. 2, Report No. 2)

By-law

Carried

 

 

BY-LAW 2019-10      A BY-LAW TO ESTABLISH STREETS LAID OUT ACCORDING TO PLAN OF SUBDIVISION 65M-4334 AS A PUBLIC HIGHWAY PART OF LOT 20, CONCESSION 8  (DIGRAM DEVELOPMENTS INC.)

(Black Locust Drive, Copper Beech Drive, Fimco Crescent, Gadani Drive, Rougeview Park Crescent, Upper Greensborough Drive, and the Lanes namely Blocks 41 and 42, inclusive)

(Item No. 2, Report No. 2)

By-law

Carried

 

 

BY-LAW 2019-11      A BY-LAW TO ESTABLISH STREETS LAID OUT ACCORDING TO PLAN OF SUBDIVISION 65M-4432 AS A PUBLIC HIGHWAY BLOCK 226, PLAN 65M-3526 AND BLOCK 77, PLAN 65M-3559 PART OF BLOCK 186, PLAN 65M-3358 (GRANDFIELD HOMES (OAKFORD) LIMITED)

(Mario Avenue and Lucio Avenue )

(Item No. 2, Report No. 2)

By-law

Carried

 

 

BY-LAW 2019-12      A BY-LAW TO ESTABLISH STREETS LAID OUT ACCORDING TO PLAN OF SUBDIVISION 65M-4474 AS A PUBLIC HIGHWAY PART OF LOT 7, PLAN 2196  (CABOTO MEADOWS INC.)

(Caboto Trail)

(Item No. 2, Report No. 2)

By-law

Carried

 

 

BY-LAW 2019-13      A BY-LAW TO ESTABLISH STREETS LAID OUT ACCORDING TO PLAN OF SUBDIVISION 65M-4479 AS A PUBLIC HIGHWAY PART OF LOTS 16 AND 17, CONCESSION 9  (1473092 ONTARIO LIMITED)

(Arthur Dixon Street, Frank Ash Street, Gordon Landon Drive, Northvale Road, Southampton Avenue, Tilbury Gate, and the Lanes namely Berryman Lane, Blocks 101 to 109, both inclusive, Lane W (Both Portions); Lane X (Both Portions); Lane Y (Both Portions) and Lane Z)

(Item No. 2, Report No. 2)

By-law

Carried

 

 

BY-LAW 2019-14      A BY-LAW TO AMEND TRAFFIC BY-LAW 106-71

To add compulsory stops at specific intersections within the City of Markham

(Item No. 2, Report No. 2)

By-law

Carried

 

 

BY-LAW 2019-15      A BY-LAW TO AMEND SPEED BY-LAW 2017-104

To establish a maximum speed limit of 40 kilometres per hour on specific streets within the City of Markham.

(Item No. 2, Report No. 2)

By-law

Carried

 

 

BY-LAW 2019-16      A BY-LAW TO AMEND SPEED BY-LAW 2017-104

To establish a maximum speed limit of 50 kilometres per hour on specific streets within the City of Markham.

(Item No. 2, Report No. 2)

By-law

Carried

 

 

BY-LAW 2019-17      A BY-LAW TO AMEND PARKING BY-LAW 2005-188

To amend Schedule C of the Parking By-law pertaining to “Prohibited Parking”.

(Item No. 2, Report No. 2)

By-law

Carried

 

 

BY-LAW 2019-18      A BY-LAW TO AMEND PARKING BY-LAW 2005-188

A by-law to amend Schedule C of the Parking By-law pertaining to “No Parking”.

(Item No. 3, Report No. 2)

By-law

Carried

 

 

BY-LAW 2019-19      A BY-LAW TO AMEND TRAFFIC BY-LAW 106-71

A by-law to amend Traffic By-law pertaining to “Compulsory Stops”.

(Item No. 4, Report No. 2)

By-law

Carried

 

 

BY-LAW 2019-20      BEING A BY-LAW RESPECTING CONSTRUCTION, DEMOLITION, CHANGE OF USE PERMITS AND INSPECTIONS

(Item No. 1, Report No. 3)

By-law

 

Carried

 

 

BY-LAW 2019-21      A BY-LAW TO AMEND BY-LAW 211-83, AS AMENDED

A by-law to prescribe a Tariff of Fees for the Processing of Planning Applications

(Item No. 1, Report No. 3)

By-law

Carried

 

 

13.       CONFIDENTIAL ITEMS

 

Moved by Deputy Mayor Don Hamilton

Seconded by Councillor Alan Ho

 

That, in accordance with Section 239 (2) of the Municipal Act, Council resolve into a private session to discuss the following confidential matters (2:38 PM):

Carried

 

 

(1)        MINUTES OF CONFIDENTIAL COUNCIL MEETING
            NOVEMBER 27, 2018 (16.0)

            [Section 239 (2) (a) (b) (c) (d) (e) (f) (g)]

 

 

 

NEW/ OTHER BUSINESS

 

Note:   At the December 10, 2018 General Committee Meeting, the following confidential items were referred to the December 12, 2018 Council meeting for consideration.

 

 

(2)        PERSONAL MATTERS ABOUT AN IDENTIFIABLE INDIVIDUAL, INCLUDING MUNICIPAL OR LOCAL BOARD EMPLOYEES. LABOUR RELATIONS OR EMPLOYEE NEGOTIATIONS. ADVICE THAT IS SUBJECT TO SOLICITOR-CLIENT PRIVILEGE, INCLUDING COMMUNICATIONS NECESSARY FOR THAT PURPOSE (WARDS 1-8) (16.23.2)

            [Section 239 (2) (b) (d) (f)]

 

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

            [Section 239 (2) (c)]

 

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

            [Section 239 (2) (c)]

 

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

            [Section 239 (2) (c)]

 

(6)        A PROPOSED OR PENDING ACQUISITION OR DISPOSITION OF LAND BY THE MUNICIPALITY OR LOCAL BOARD (WARD 1) (8.6)

            [Section 239 (2) (c)]

 

Moved by Deputy Mayor Don Hamilton

Seconded by Regional Councillor Jim Jones

 

That Council rise from the confidential session at 4:33 PM.

Carried

 

 

Moved by Regional Councillor Jack Heath

Seconded by Regional Councillor Jim Jones

 

That, in accordance with Section 239 (2) of the Municipal Act, Council resolve into a second private session to discuss the following confidential matter (6:00 PM), with only the City Clerk, Deputy City Clerk and Council Members remaining.

Carried

 

7.         PERSONAL MATTERS ABOUT AN IDENTIFIABLE INDIVIDUAL, INCLUDING MUNICIPAL OR LOCAL BOARD EMPLOYEES. LABOUR RELATIONS OR EMPLOYEE NEGOTIATIONS. ADVICE THAT IS SUBJECT TO SOLICITOR-CLIENT PRIVILEGE, INCLUDING COMMUNICATIONS NECESSARY FOR THAT PURPOSE (16.24)

 

 

Moved by Regional Councillor Jack Heath

Seconded by Regional Councillor Jim Jones

 

That Council rise from the second confidential session at 7:19 PM.

Carried

 

The confidential items were approved by Council as follows:

 

1.         MINUTES OF CONFIDENTIAL COUNCIL MEETING
             - NOVEMBER 27, 2018 (16.0)

 

Moved by Regional Councillor Jack Heath

Seconded by Councillor Alan Ho

 

            1)         That the Council Confidential Minutes dated November 27, 2018 be confirmed.

 

Carried

 

 

 

NEW/ OTHER BUSINESS

 

2.         PERSONAL MATTERS ABOUT AN IDENTIFIABLE INDIVIDUAL, INCLUDING MUNICIPAL OR LOCAL BOARD EMPLOYEES. LABOUR RELATIONS OR EMPLOYEE NEGOTIATIONS. ADVICE THAT IS SUBJECT TO SOLICITOR-CLIENT PRIVILEGE, INCLUDING COMMUNICATIONS NECESSARY FOR THAT PURPOSE (WARDS 1-8)

 

Moved by Regional Councillor Jack Heath

Seconded by Councillor Karen Rea

 

1)         The report entitled “Remuneration for Members of Council Serving on Boards of Related Corporations” dated December 10, 2018 be received; and,

 

2)         That staff be directed to work with Alectra Inc., Markham Enterprises Corporation and Markham District Energy Inc. to have the annual remuneration for Councillors, who members of their boards, paid to the City, on a monthly basis, for distribution to Councillors with their City and Regional Council remuneration; and,

 

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

 

4)         That the foregoing resolutions and this report be reported out in the public Council meeting on this date.

 

Carried

 

 

 

3.         A PROPOSED OR PENDING ACQUISITION OR DISPOSITION OF LAND BY THE MUNICIPALITY OR LOCAL BOARD

 

Moved by Councillor Reid McAlpine

Seconded by Councillor Andrew Keyes

 

1)         That Staff be authorized and directed to take the actions set out in this report"

 

Carried

 

 

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

 

 

Moved by Councillor Isa Lee

Seconded by Councillor Khalid Usman

 

 

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

Carried

 

 

 

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

 

Moved by Councillor Alan Ho

Seconded by Deputy Mayor Don Hamilton

 

1)         That staff be authorized and directed to do all things necessary to give effect to the forgoing.

 

Carried

 

 

6.         A PROPOSED OR PENDING ACQUISITION OR DISPOSITION OF LAND BY THE MUNICIPALITY OR LOCAL BOARD (WARD 1)

 

Moved by Councillor Keith Irish

Seconded by Councillor Alan Ho

 

1)         That staff be directed to do all things necessary to give effect to the forgoing.

 

Carried

 

 

7.         PERSONAL MATTERS ABOUT AN IDENTIFIABLE INDIVIDUAL, INCLUDING MUNICIPAL OR LOCAL BOARD EMPLOYEES. LABOUR RELATIONS OR EMPLOYEE NEGOTIATIONS. ADVICE THAT IS SUBJECT TO SOLICITOR-CLIENT PRIVILEGE, INCLUDING COMMUNICATIONS NECESSARY FOR THAT PURPOSE (16.24)

 

Moved by Regional Councillor Joe Li

Seconded by Councillor Khalid Usman

 

1)         That the following Standing Committee and Budget Committee appointments be adopted for the City of Markham, for a term ending November 14, 2022, to take effect immediately:

 

General Committee

 

Finance & Administrative

Chair: Jack Heath

Vice Chair:  Khalid Usman

 

Community Services

Chair: Karen Rea

Vice Chair: Isa Lee

 

Environment & Sustainability

Chair: Joe Li

Vice Chair: Reid McAlpine

 

Land, Building & Parks Construction

Chair: Keith Irish

Vice Chair: Andrew Keyes

 

Members: All Members of Council

 

 

Development Services Committee

 

Planning - Development & Policy

Chair:  Jim Jones

Vice Chair:  Keith Irish

 

Culture & Economic Development Issues

Chair:  Alan Ho

Vice Chair:  Khalid Usman

 

Engineering – Transportation & Infrastructure

Chair:  Don Hamilton

Vice Chair:  Reid McAlpine

 

Members:  All Members of Council

 

 

Budget Committee

 

Chair:  Amanda Collucci

Vice Chair: Andrew Keyes

Members: Don Hamilton

Keith Irish

Reid McAlpine

Karen Rea

Khalid Usman

 

Moved by Regional Councillor Jack Heath

Seconded by Regional Councillor Jim Jones

 

 

1)         That Don Hamilton be appointed as Deputy Mayor for a term ending November 14, 2022, to take effect immediately:

Carried

 

 

 

14.       CONFIRMATORY BY-LAW

 

Moved by Regional Councillor Joe Li

Seconded by Councillor Alan Ho

 

That By-law 2019-7 be given three readings and enacted.

 

Three Readings

 

 

BY-LAW 2018-7        A BY-LAW TO CONFIRM THE PROCEEDINGS OF THE COUNCIL MEETING OF DECEMBER 12, 2018.

                                   

Carried

 

 

 

15.       ADJOURNMENT

 

Moved by Councillor Isa Lee

Seconded by Councillor Keith Irish

 

That the Council Meeting be adjourned at 7:21 PM

Carried

 

 

 

 

 

 

 

__________________________________                      ________________________________

Kimberley Kitteringham                                                      Frank Scarpitti

City Clerk                                                                          Mayor

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