Council
Minutes
September
28, 2015, 7:00 PM
Council
Chamber, Anthony Roman Markham Civic Centre
Meeting No. 18
Alternate
formats for this document are available upon request
Roll
Call
Mayor Frank
Scarpitti, Deputy Mayor Jack Heath, Regional Councillor Jim Jones, Regional
Councillor Joe Li, Regional Councillor Nirmala Armstrong, Councillor Valerie
Burke, Councillor Alan Ho, Councillor Don Hamilton, Councillor Karen Rea,
Councillor Colin Campbell, Councillor Amanda Collucci, Councillor Logan
Kanapathi, Councillor Alex Chiu.
Staff
Andy Taylor, Chief
Administrative Officer
Catherine Conrad, City
Solicitor
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
Raj Raman,
Mayor's Chief of Staff
Kimberley
Kitteringham, City Clerk
Martha Pettit,
Deputy City Clerk
Phoebe
Fu, Director
of Asset Management
Mary
Creighton, Director of Recreation Services
Robert Muir,
Manager, Stormwater
Mark Visser, Senior Manager, Financial Strategy &
Investments
Shane Manson,
Senior Manager, Revenue & Property Tax
Maria Cardozo, Community Program Coordinator
Brian Bailey, Community Program Supervisor
The regular
meeting of Council convened at 7:05 PM on September 28, 2015 in the Council
Chamber. Mayor Frank Scarpitti presided.
At 11:38 PM on
September 28, 2015, Council passed a motion to waive Section 3.28 of Procedural
By-law 2001-1 allowing the meeting to continue further than 12:01 a.m. on
September 29, 2015. The motion moved by
Councillor Don Hamilton and seconded by Councillor Logan Kanapathi was carried
by a two-thirds vote of the Members present.
1. DISCLOSURE OF PECUNIARY INTEREST
(1) None
declared.
2. MINUTES
(1) COUNCIL MINUTES – JUNE 23 AND SEPTEMBER
8, 2015
June
23 Sept
8
Moved by Councillor
Alex Chiu
Seconded by Councillor
Valerie Burke
1) That the Minutes of the Council Meetings
held on June 23 and September 8, 2015, be adopted.
Carried
3. PRESENTATIONS
Council
consented to consider the presentation of cheques from Markham Seniors Activity
Centre and Thornhill Seniors Centre prior to the item for the Markham Mayor's
Youth Awards.
(1) MARKHAM
SENIORS ACTIVITY CENTRE AND
THORNHILL SENIORS CENTRE
CHEQUE PRESENTATIONS (12.2.6)
Peter Cannon, President, Older Adults in
Action (OAIA), presented a cheque in the amount of
$28,260.00 to
Council to be applied against the operating costs of the Markham Seniors Activity
Centre.
Wilf Shub, Past President, Thornhill
Seniors Club, presented a cheque in the amount $41,670.00 to Council to be
applied against the operating costs of the Thornhill Seniors Centre.
Mayor and Members of Council acknowledged Maria Cardozo, Community Program Coordinator and Brian Bailey, Community Program Supervisor for
their hard work and support of the seniors programs in Markham.
Moved by Councillor
Karen Rea
Seconded by Councillor
Valerie Burke
That the
presentation of cheques in the amount of $28,260.00 from Peter Cannon, President, Older Adults in Action (OAIA) and $41,670.00 from Wilf Shub,
Past President, Thornhill Seniors Club, to the City of Markham, be received
with appreciation.
Carried
(2) MARKHAM
MAYOR'S YOUTH AWARD (12.2.6)
Council
presented the Markham Mayor's Youth Award to the following recipients:
·
Aaron Guo
·
Joelle Lintag
·
Max Robson
4. DELEGATIONS
Council
consented to hear the delegations related to the anti-whistling matter prior to
the delegations related to the non-residential stormwater fee matter.
(1) DELEGATIONS
REGARDING THE ANTI-WHISTLING MATTER (5.12)
The following individuals addressed Council
regarding the anti-whistling matter:
1. Shanta
Sundarason, in support of the proposed recommendation.
2. Robert
Vallee, in support of the proposed recommendation.
3. Harry
Eaglesham, in support of the proposed recommendation.
4. Winnie
& Peter Wales, in support of the proposed recommendation.
5. Christine
Bergauer-Free, in support of train whistling.
(See Item No. 1, Report No. 41 for Council's decision on this matter)
(2) DELEGATIONS
REGARDING THE ITEM
TITLED "STORMWATER FEE
NON-RESIDENTIAL
CONSULTATION AND CITY – WIDE
IMPLEMENTATION" (5.5)
The following
individuals addressed Council regarding the item titled "Stormwater Fee
Non-Residential Consultation and City – Wide Implementation":
1. Richard
Cunningham, Markham Board of Trade, in opposition to the proposed
recommendation.
2. Marilyn
Ginsburg, Grandview Area Residents Association, in support of the proposed
recommendation.
3. Evelin
Ellison, Ward I (South) Thornhill Residents, in support of the proposed
recommendation.
4. Dagmar
Teubner, provided comments with respect to vacant lands.
(See New/Other Business Item No. 2 for
Council's decision on this matter)
5. PETITIONS
There were no
petitions.
6(a) REPORT NO. 38 - DEVELOPMENT SERVICES
COMMITTEE
(September 8, 2015)
Moved by Regional
Councillor Jim Jones
Seconded by Councillor
Don Hamilton
That Report
No. 38 – Development Services Committee comprised of 3 items be received and
adopted.
(1) MARKHAM CENTRE
SUB-COMMITTEE MINUTES
(MOBILITY HUB AND COMMUNITY PLAN STUDY)
- July 7, 2015 (10.0)
Minutes
1) That
the minutes of the Markham Centre Sub-Committee (Mobility Hub and Community
Plan Study) meeting held July 7, 2015, be received for information purposes;
and;
2) That
the following recommendation from the July 7, 2015 Markham Centre Sub-Committee
(Mobility Hub and Community Plan Study) meeting be endorsed:
"That
the Staff presentation up-dating the Sub-committee on the status of the Markham
Centre Mobility Hub and Community Plan Study and Metrolinx initiatives, be
received; and,
That
the presentation by VIVA regarding potential changes to their approved EA
alignment through Markham Centre be received; and,
That
the Markham Centre Mobility Hub and Community Plan Study and consultants be put
on hold pending completion of the VIVA study to review their alignment through
Markham Centre; and,
That
Planning, Engineering and Urban Design staff be authorized and directed to
provide the necessary support to the VIVA study; and,
That
staff report back on the VIVA study and sustainable infrastructure
requirements; and,
That
staff report back on the scope of work and appropriate consulting team for
completion of the Markham Centre Mobility Hub Study following completion of the
Viva EA update by the Region; and further,
That
staff be authorized and directed to do all things necessary to give effect to
this resolution."
Carried
(2) REQUEST FOR DEMOLITION AND
INTENTION TO DESIGNATE A
PROPERTY UNDER
PART IV OF THE ONTARIO
HERITAGE ACT
NAME: JOHN EBY REESOR HOUSE
ADDRESS: 8402 STEELES AVENUE
OWNER: INFRASTRUCTURE ONTARIO
(10.13 & 16.11.3)
Report
1) That
the information update regarding the withdrawal of the “Request for Demolition”
of the John Eby Reesor House and its associated accessory buildings at 8402
Steeles Avenue, be received; and
2) That
Infrastructure Ontario be advised that the City of Markham appreciates the
withdrawal of the “Request for Demolition”; and,
3) That
as recommended by Heritage Markham, the John Eby Reesor House at 8402 Steeles
Avenue be approved for designation under Part IV of the Ontario Heritage Act
as a property of cultural heritage value or interest; and,
4) That the
Clerk’s Department be authorized to publish and serve Council’s Notice of
Intention to Designate as per the requirements of the Ontario Heritage Act;
and,
5) That
if there are no objections to the designation in accordance with the provisions
of the Ontario Heritage Act, the Clerk be authorized to place a
designation by-law before Council for adoption; and,
6) That
if there are any objections in accordance with the provisions of the Ontario
Heritage Act, the Clerk be directed to refer the proposed designation to
the Ontario Conservation Review Board; and further,
7) That
Staff be authorized and directed to do all things necessary to give effect to
this resolution.
Carried
(3) INFORMATION REPORT
MARKHAM’S PARTICIPATION IN THE
CONFEDERATION OF GREATER
TORONTO
CHINESE BUSINESS ASSOCIATION
(CGTCBA)
2015 CHINA TRADE MISSION
(10.16)
Report
1) That
the Information Report dated July 7, 2015 entitled “Markham’s Participation in
the Confederation of Greater Toronto Chinese Business Association (CGTCBA) 2015
China Trade Mission” be received; and,
2) That
the City of Markham be represented by a four-person delegation composed of the
Mayor, Vice Chair of the Economic Development Committee, Director of the
Economic Development Department, and one Senior Business Development Officer;
and,
3) That
the total cost of the mission not exceed $42,520.00 and be expensed from within
the 2015 International Investment Attraction account 610-998-5811; 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. 39 - GENERAL COMMITTEE (September
9, 2015)
Moved by Deputy
Mayor Jack Heath
Seconded by Councillor
Colin Campbell
That Report
No. 39 – General Committee comprised of 4 items be received and adopted.
(1) TAX WRITE-OFFS UNDER
SECTION 354
OF THE MUNICIPAL ACT, 2001
AND REPORTING (7.1)
Report
1) That taxes totalling $145,343 as set out in this report, of which the City’s portion is $45,315
be written off pursuant to the provisions of Section 354 of the Municipal Act, 2001; and,
2) That the Treasurer be directed to remove the taxes from the
Collector’s Roll; and,
3) That the Treasurer be directed to authorized to write-off
the municipal tax portion account 820-820-7040; and further,
4) That staff be authorized to and directed to do all things
necessary to give effect to this resolution.
Carried
(2) CANCELLATION, REDUCTION
OR REFUND OF
TAXES UNDER SECTIONS 357 AND 358 OF THE
MUNICIPAL ACT, 2001 (7.1)
Report
1) That the report titled “Cancellation, Reduction or Refund of
Taxes under Sections 357 and 358 of
the Municipal Act, 2001” be received; and,
2) That taxes totalling approximately $151,610.54 be adjusted
under Section 357 of the Municipal Act, 2001
of which the City’s portion is estimated to be $37,371.59; and,
4) That the Treasurer be directed to adjust the Collector’s
Roll accordingly; and further,
5) That staff be authorized and directed to do all things
necessary to give effect to this resolution.
Carried
(3) 14TH AVENUE
& HOBBS GATE
- PROPOSED ALL-WAY STOP CONTROL (5.10)
Report Attachment
A Attachment
B
1) That the report entitled “14th Avenue &
Hobbs Gate – Proposed All-way Stop Control”, 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 14th Avenue & Hobbs Gate;
and,
3) That the Operations Department be directed to install the
appropriate signs and pavement markings at
the subject locations;
and,
4) That the cost of materials and
installation for the traffic signs and pavement markings be funded from capital
project # 14228 (Traffic Operational Improvements) in the amount of $500; and,
5) That York Regional Police be requested to enforce the
all-way stop controls upon installation of these stop signs and passing of the
By-law; and further,
6) That staff be authorized and directed to do all things
necessary to give effect to this resolution.
(By-law 2015-127)
Carried
(4) DECLARATION OF SURPLUS
AND
STOP UP AND CLOSE LANDS IN
1473092 ONTARIO LIMITED’S PHASE 1
RESIDENTIAL SUBDIVISION (PLAN 65M-3759) (8.7)
1) That the confidential report entitled
“Declaration of Surplus and Stop Up and Close Lands in 1473092 Ontario
Limited’s Phase 1 Residential Subdivision (Plan 65M-3759)” be received; and,
2) That in accordance with By-law 178-96
the City declare certain lands described as Part of Lane W and Block 371 on
Registered Plan 65M-3759 designated as Parts 1 and 2 on Reference Plan
65R-35808, City of Markham, Regional Municipality of York, as surplus, being
lands originally set out for a small hydro notch shown on Attachments No. 1 and
2 to this report; and,
3) That subject to No. 2, above, the Mayor
and Clerk be authorized to execute an Agreement of Purchase and Sale with
1473092 Ontario Limited to effect the re-conveyance of the surplus hydro notch,
set out on Attachments No. 1 and 2 to this report; and,
4) That subject to No. 2 above, the City
enact a By-law to stop up and close the lands described as Part of Lane W on
Registered Plan 65M-3759, and designated as Part 1 on Reference Plan 65R-35808,
City of Markham, Regional Municipality of York, as set out in Attachment No. 5;
and further,
5) That staff be authorized and directed
to do all things necessary to give effect to the foregoing.
(New/Other Business Item No. 1) (By-laws 2015-128 and 2015-129)
Carried
6(c) REPORT NO. 40 - GENERAL COMMITTEE
(September 21, 2015)
Moved by Deputy
Mayor Jack Heath
Seconded by Councillor
Colin Campbell
That Report
No. 40 – General Committee comprised of 5 items be received and adopted.
(1) MINUTES OF THE JUNE 17, 2015
ADVISORY COMMITTEE ON ACCESSIBILITY (16.0)
Minutes
1) That the minutes of the June 17, 2015 Advisory Committee on
Accessibility meeting be received for information purposes; and,
2) That the following recommendation from the June 17, 2015
Advisory Committee on Accessibility meeting be endorsed:
"That the Advisory Committee on
Accessibility recommend that Council direct staff to inspect if accessible
parking spots in new developments, and in developments built after 2005, meet
the following criteria:
(1) Are in compliance with the Accessibility
for Ontarians with Disabilities Act,
and with Markham’s
Accessibility Design Guidelines; and,
(2) Are located closest to the main entrance of developments."
Carried
(2) DEVELOPMENT CHARGE CREDIT/REIMBURSEMENT
APPLICATION - 1826918 ONTARIO LTD.
(TIMES GROUP CORPORATION) (7.11)
Report Appendix
A & B
1) That the report entitled “Development Charge
Credit/Reimbursement Application – 1826918
Ontario Ltd. (Times Group Corporation)” be received; and,
2) That Council authorize City Wide Hard Development Charge
credits and reimbursements not exceeding $1,566,764 to 1826918 Ontario Ltd. (Times Group Corporation) for the construction of
intersections, enhanced streetscape, 4th lanes, as well as road
property costs related to lands located to the southeast of Warden Avenue and
Highway 7, as set out in this report; and,
3) That the Mayor and
Clerk be authorized to execute a Development Charge Credit and Reimbursement
Agreement, if required, in
accordance with the City’s Development Charge Credit and Reimbursement Policy, with 1826918
Ontario Ltd. (Times Group Corporation), or their successors
in title, to the satisfaction of the Treasurer and City Solicitor; and further,
4) That staff be directed to do
all things necessary to give effect to this report.
Carried
(3) 2016 CAPITAL BUDGET PRE-APPROVAL (7.5)
Report Appendix
1 Appendix
2
1) That the report dated September 21, 2015 entitled, “2016 Capital Budget
Pre-Approval” be received; and
2) That Council approve the 2016 Capital Budget pre-approval which
totals $16,835,000 as outlined in Appendices 1 and 2; and further,
3) That Staff be authorized and
directed to do all things necessary to give effect to this resolution.
Carried
(4) APPOINTMENT OF MEMBERS TO THE
MARKHAM MAYOR’S YOUTH COUNCIL
FOR THE PERIOD OF SEPTEMBER 3, 2015
TO JUNE 30, 2016 (16.24)
Report
1) That the Report
Appointment of Members to the Markham Mayor’s Youth Council for the period of
September 3, 2015 to June 30, 2016 be received; and,
2) That
the following Appointments of Members to the Markham Mayor’s Youth Council be
confirmed for the term September 3, 2015 to June 30, 2016;
|
Name
|
Ward
|
School
|
Grade
|
|
Loreta Chan,
Co-Chair
|
3
|
Markville
S.S.
|
11
|
|
Monica Xu,
Co-Chair
|
4
|
Bayview S.S.
|
11
|
|
Donna Xue
|
1
|
University
of Toronto Schools
|
10
|
|
Vanessa Chan
|
2
|
Bayview S.S
|
11
|
|
Jaemin Han
|
2
|
Unionville
H.S
|
9
|
|
June Xu
|
2
|
St. Roberts
C.H.S.
|
11
|
|
Jeffrey
Zhang
|
3
|
Bayview S.S
|
11
|
|
Julia Ip
|
3
|
Markham
District H.S
|
10
|
|
Kaitlin Mak
|
4
|
Bur Oak H.S.
|
11
|
|
Jasmyne
Eastmond
|
4
|
Markham
District H.S.
|
11
|
|
Vruksha
Vakeeswaran
|
4
|
Markville
S.S.
|
11
|
|
Sohnia
Sansanwal
|
4
|
Markville
S.S
|
10
|
|
Megan Niu
|
4
|
Marc Garneau
C.I.
|
10
|
|
Justin Jen
|
4
|
St.
Augustine C.H.S.
|
11
|
|
Jessica
Duncan
|
5
|
Markham
District H.S.
|
10
|
|
Joyce Chan
|
5
|
Unionville
H.S.
|
10
|
|
Eason Gao
|
6
|
Unionville
H.S.
|
11
|
|
Scott Zhang
|
6
|
Unionville
H.S.
|
11
|
|
Victor Wang
|
6
|
Pierre Elliott Trudeau H.S.
|
9
|
|
Karthik
Ganapathiraju
|
6
|
Pierre Elliott Trudeau H.S.
|
9
|
|
Ethan Wong
|
7
|
St. Brother
Andre C.H.S.
|
11
|
|
Aman Mathur
|
7
|
Markville
S.S.
|
10
|
|
Jennifer
Chen
|
7
|
Markham
District H.S.
|
10
|
|
Nicholas
Vadivelu
|
8
|
Marc Garneau
C.I.
|
10
|
|
Johnny Lum
|
8
|
Milliken
Mills H.S.
|
12
|
;
and further,
3) That Staff be authorized and directed to do all things necessary to give
effect to this resolution.
Carried
(5) BAYVIEW
GLEN SUSTAINABLE NEIGHBOURHOOD
RETROFIT ACTION PLAN (“SNAP”)
– GLENCREST PARK CONCEPT
APPROVAL (10.0)
Report Attachment
A Attachment
B Attachment
C
Attachment
D Attachment
E Attachment
F Attachment
G
1) That the report “Bayview Glen Sustainable Neighbourhood retrofit
Action Plan (“SNAP”) – Glencrest Park Concept Approval” be received; and,
2) That the proposed Glencrest Park concept (shown in Appendix A) be
endorsed for implementation in the fall of 2015 and with completion in the
summer of 2016; and,
3) That the project be funded from capital projects 15069 (“Bayview
Glen SNAP – Pilot Implementation Phase”) and 15624 (“Bayview Glen SNAP”) to a
maximum of $222,300.00; and,
4) That $100,000.00, inclusive of HST impact, be awarded to the TRCA
for project management from capital budget 15069 (“Bayview Glen SNAP – Pilot
Implementation Phase”); and,
5) That the tendering process be waived in accordance with Purchasing
By-Law #2004-341, Part II, Section 7 Non Competitive Procurement, item 2(e)
which states “Tenders, Requests for Proposal and Requests for Quotation may not
be required for goods and services to be provided by Toronto and Region
Conservation Authority (“TRCA”)”; and,
6) That the Director, Sustainability and Senior Manager, Purchasing be
authorized to negotiate and award the contract to R.V. Anderson Associates
Limited for additional engineering and contract administration work to
implement the Glencrest Park Concept and Lancorp Construction Co Ltd. for
construction work related to the Glencrest Park Concept, if good value is
achieved for the City and the amounts are within the approved budget; and,
7) That the tendering process be waived for R.V. Anderson Associates Limited and Lancorp
Construction Co Ltd. in accordance with Purchasing By-Law 2004-341, Part I,
Section (7) Non Competitive Procurement, item 1(c) “when the extension of an
existing contract would prove more cost-effective or beneficial”: and,
8) That staff report back in early 2016 on the larger Bayview Glen SNAP
program with recommendations for its future and a summary of final program
outcomes; and further,
9) That Staff be authorized and directed to do all things necessary to
give effect to this resolution
Carried
6(d) REPORT NO. 41 - DEVELOPMENT SERVICES
COMMITTEE
(September 22, 2015)
Moved by Regional
Councillor Jim Jones
Seconded by Councillor
Don Hamilton
That Report
No. 41 – Development Services Committee comprised of 2 items be received and
adopted, except Item No. 1. (See following Item No. 1)
(1) ANTI-WHISTLING
ON STOUFFVILLE GO LINE
AND
ANTI-WHISTLING BY-LAWS &
ASSOCIATED LIABILITY (5.12)
Presentation
Moved by
Regional Councillor Joe Li
Seconded by
Regional Councillor Nirmala Armstrong
1) That
the written submission and petition with 2,300 signatures from Shanta
Sundarason and Margaret Wilson regarding anti-whistling be received; and.
2) That
the deputations by Shanta Sundarason and Margaret Wilson, Philip Blachier,
Bryan Allen, Michelle Sukul-Chan, Masood Mohajer, Peter Miasek representing the
Unionville Ratepayers Association, Mira Jug, Lene Ergir, and Doug Denby regarding
anti-whistling be received; and,
3) That
the September 22, 2015 presentations from staff and Jardine Lloyd Thompson be
received; and,
4) That
staff finalize the safety audit, cost estimates, cost assessment and
Regional Express Rail (RER) requirements for the road/rail crossings in
consultation with the Regional Municipality of York and Metrolinx; and,
5) That
staff undertake a safety audit on the Green Lane and Langstaff Road crossings
on the CN Bala Subdivision (Richmond Hill Line) and report back to Council as
to required safety improvements and cost to continue anti-whistling; and,
6) That
the City of Markham reaffirms its commitment to safety measures for at-grade
rail crossings in collaboration with Metrolinx and the Regional Municipality of
York to achieve whistle cessation at those crossings and to improve the quality
of life for residents adjacent to those crossings; and,
7) That
staff be directed to hire a rail safety expert to determine if safety measures
beyond the Grade Crossing Regulations are required, and provide a report by
January, 2016; and,
8) That
the Budget Sub-committee be requested to include an additional $500,000 in the
Capital Budget to begin a grade crossing safety program; and,
9) That
the Regional Municipality of York be requested to confirm 100% funding and
liability for grade rail safety on regional road crossings; and,
10) That
the Mayor’s Office arrange a meeting with Metrolinx to confirm the timing of
implementation for safety measures in the RER initiative; and,
11) That
staff confirm with Metrolinx their approved funding to implement such measures;
and,
12) That
staff collaborate with Metrolinx to advance, where feasible, the implementation
of the safety measures in the City of Markham; and,
13) That
the City of Markham strongly request Metrolinx to implement the safety measures
that achieve whistle cessation prior to the implementation of all day train
service; and,
14) That staff provide an update to
Development Services Committee by November 30, 2015 on progress related to all
of the issues; and
15) That
the City of Markham, in conjunction with the Anti-Whistling Working Group, hold
public information meetings to keep the public apprised of the progress; and,
16) That
staff develop a work plan and implementation plan for the grade crossing safety
program and report back to Council on that plan no later than January 30, 2016;
and,
17) That staff report back on the above issues for
Council’s direction; and further,
18) That
staff be authorized and directed to do all things necessary to give effect to
this resolution.
Carried by recorded votes
(See following recorded votes)
"13) That the City of Markham strongly request Metrolinx to implement the
safety measures that achieve whistle cessation prior to the implementation of
all day train service; and,
14) That staff provide an update to Development
Services Committee by November 30, 2015 on progress related to all of the
issues; and"
YEAS: Councillor
Valerie Burke, Councillor Alan Ho, Councillor Don Hamilton, Councillor Karen
Rea, Regional Councillor Nirmala Armstrong, Mayor Frank Scarpitti, Deputy Mayor
Jack Heath, Regional Councillor Joe Li, Councillor Colin Campbell, Councillor
Amanda Collucci, Councillor Logan Kanapathi, Councillor Alex Chiu.
NAYS: Regional
Councillor Jim Jones. (1)
YEAS: Councillor
Valerie Burke, Councillor Alan Ho, Councillor Don Hamilton, Councillor Karen
Rea, Regional Councillor Nirmala Armstrong, Regional Councillor Jim Jones,
Mayor Frank Scarpitti, Deputy Mayor Jack Heath, Regional Councillor Joe Li,
Councillor Colin Campbell, Councillor Amanda Collucci, Councillor Logan
Kanapathi, Councillor Alex Chiu.
Moved by Regional Councillor Jim Jones
Seconded by Councillor Don Hamilton
Carried
(2) LAND
USE POLICIES AND ZONING REGULATIONS
IN THE PASSMORE AVENUE
INDUSTRIAL AREA (10.0)
Whereas
a number of residents and landowners in the Milliken Mills community of Markham
have expressed concern to Members of Markham Council regarding existing and proposed
asphalt/concrete batching and recycling facilities on Passmore Avenue in the
City of Toronto; and,
Whereas
both the City of Toronto and the City of Markham are undertaking land use
studies and review of development applications to encourage mixed use
redevelopment including residential intensification in this vicinity, including
along the Steeles Avenue Corridor between Kennedy Road and Midland Avenue, in
proximity to the Milliken GO Station; and,
Whereas
asphalt and concrete batching and recycling facilities with outdoor storage and
processing are considered not to be compatible with residential intensification
and other higher order land uses being planned for the surrounding area;
Now
Therefore Be It Resolved:
1) That
the City of Toronto be requested to review its land use policies and zoning
regulations pertaining to such asphalt and concrete batching and recycling
facilities, and other heavy industrial uses involving outdoor storage and
processing, in the Passmore Avenue industrial area; and,
2) That
in the event that the City does receive formal applications to permit such uses
in this vicinity, that every effort be made to re-direct such uses to more
appropriate locations removed from residential uses and re-development areas,
and to apply conditions to properly mitigate the impact of such uses including
such matters as days and hours of operation, buffering and screening, surface
treatments to prevent the raising of dust, on site dust controls, street
sweeping, control of stockpile heights and machinery heights, noise controls,
truck traffic circulations routes, storm water management, and other
environmental protection measures and monitoring programs.
Carried
"That this resolution be forwarded to the Association of
Municipalities Ontario (AMO)."
6(e) REPORT NO. 42 - DEVELOPMENT SERVICES
PUBLIC MEETING
(September 24, 2015)
Moved by Regional
Councillor Jim Jones
Seconded by Councillor
Don Hamilton
(1) CAN-AM
EXPRESS
ZONING BY-LAW AMENDMENT
APPLICATION TO PERMIT
OUTSIDE PARKING AND STORAGE OF
LICENSED BUSES
ON A TEMPORARY BASIS AT 332
JOHN STREET
FILE NO: ZA 15 131193 (10.5)
Memo
1) That
the report titled “Preliminary Report, Can-Am Express, Zoning Amendment
Application to permit the parking of licensed charter buses on a temporary
basis at 332 John Street, File No. ZA 15 131193” dated September 22, 2015, be
received; and,
2) That
the Record of the Public Meeting held on September 24, 2015, with respect to
the proposed Zoning By-law Amendment application to permit the parking of
licensed charter buses on a temporary basis at 332 John Street, File No. ZA 15 131193)”, be received; and,
3) That
the application by Can-Am Express, to amend Zoning By-law 77-73, as amended, be
approved; and,
4) That
the proposed amendment to Zoning By-law 77-73, as amended, be enacted without
further notice; and further,
5) That
Staff be authorized and directed to do all things necessary to give effect to
this resolution.
Carried
(2) PRELIMINARY
REPORT
APPLICATION BY 2444664 ONTARIO
INC.
FOR ZONING BY-LAW AMENDMENT TO
FACILITATE SEVERANCE OF 22
OAKCREST AVENUE
TO CREATE ONE ADDITIONAL
BUILDING LOT
FILE NO: ZA 15 146854 (10.5)
Report
1)
That the written
submission from Helena Cheung, regarding the application by 2444664 Ontario
Inc. for 22 Oakcrest Avenue, be received; and,
2) That
the report dated June 16, 2015 titled “PRELIMINARY REPORT, Application by
2444664 Ontario Inc. for Zoning By-law Amendment to facilitate severance of 22
Oakcrest Avenue to create one additional building lot (File No. ZA 15 146854)”, be received; and,
3) That
the Record of the Public Meeting held on September 24, 2015, with respect to
the proposed Zoning By-law Amendment to facilitate severance of 22 Oakcrest
Avenue to create one additional building lot (File No. ZA 15 146854), be received; and,
4) That
the application by 2444664 Ontario Inc. to amend the zoning by-law to
facilitate severance of 22 Oakcrest Avenue to create one additional building
lot (File No. ZA 15 146854), be approved; and,
5) That
the proposed amendment to the Zoning By-laws 304-87 and 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
7. MOTIONS
There were no
motions.
8. NOTICES OF MOTIONS
(1) PROPOSED
RE-DEVELOPMENT OF THE
UNIONVILLE HOME SOCIETY AREA
(10.0)
Moved by Regional
Councillor Jim Jones
Seconded by Regional
Councillor Joe Li
Whereas due to the new ”provincial growth plan” has mandated that the
Region of York will provide for additional growth from its 2014 population of
1,133,000 to a 2041 population of 1,790,000; and,
Whereas the Region of York has indicated that Markham will grow to a
population of between 536,500 (no urban expansion) and 541,500; and,
Whereas this is an increased population of over 190,000 new residents
over the next 25 years; and,
Whereas Markham is the leader in York Region in Transit Supported and
Transit Dependent Development (TDD); and,
Whereas the ever growing number of baby boomer retirees, here are some
important facts that need to be considered to accommodate these needs (first);
and,
Whereas the Unionvilla Site is served by YRT transit today and
Provincial and Regional initiatives will improve the service in the future if
the densities exist to support additional transit; and,
Whereas these lands have always functioned as a seniors style campus,
adjacent to walk-able Main Street Unionville, with low auto usage and “Aging in
Place Planning” so that residents of this special area who desire to downsize
can remain within the community and stay close to their village; and,
Whereas there is a community park dedicated by former resident Annie
Russell that should continue to be an important place in the community; and,
Whereas there is a tremendous opportunity to study lands bounded by
Highway 7, Main Street Unionville, Fred Farley Drive, and the western boundary
of Unionvilla Homes Society lands, Highway 7 to Scriberras Drive, south to
Rouge Valleyland and then east to Stouffville GO railway tracks; and,
Whereas
knowing that we are faced with unprecedented growth in actual numbers,
including growth in the number of elderly residents, it is our duty to ensure
that future development is transit supportive and also supportive of this
growing segment of the population;
Now therefore be it resolved:
1) That staff prepare a
report for Council to consider how the Unionvilla lands in the study area can
be developed as an Elder Friendly Community, fully integrated with Main Street
Unionville, Highway 7, with an increase in density so it can help to support a
Smart Track enhanced transit station stop at Highway 7 to serve this new
community and the larger area, and further that staff investigate the title of
the park property to determine how the park lands can become a City Park.
Note: This motion will be placed
on the October 13, 2015 Council Agenda for consideration.
(2) PROPERTY
TAXATION CLASS FOR
RESIDENTIAL CONDOMINIUM
TOWNHOMES AND
RESIDENTIAL CONDOMINIUM
APARTMENTS (7.1)
Moved by
Regional Councillor Nirmala Armstrong
Seconded by
Councillor Karen Rea
Whereas on October 9, 2007 Markham
Council endorsed the creation of a Condominium Working Group to identify issues/options with respect to services received and taxes paid by residential condominium owners and resolved to advocate for legislative change at
the Provincial level; and,
Whereas on March 9, 2010 the Condominium Working
Group recommended that Council support the creation of new property classes
for residential condominium townhomes and for
residential condominium apartments in Ontario; and,
Whereas the resolution of the March 9, 2010 Markham Council resolution contained
a clause requesting the Province of Ontario
to amend legislation and any necessary regulation(s) to create
a new property class for residential townhome condominiums and a new property assessment class for residential apartment
condominiums; and,
Whereas a letter incorporating the March 9, 2010 Markham
Council resolution was sent to the Premier
of Ontario, the Minister
of Finance, the Minister of Municipal
Affairs, the Minister of Public Infrastructure Renewal, and the Canadian Condominium Institute (CCI); and,
Whereas on March 22nd,
2010 Markham received
a letter from the Premier
of Ontario acknowledging the Council resolution regarding
condominiums and welcome
Council's input on this or any other issue of provincial
concern; and,
Whereas to date, the Province
of Ontario has provided no amending legislation that would permit two
new property classes for both residential condominium townhomes and residential condominium apartments in Ontario; and,
Whereas to date, the Province
of Ontario has provided no amending legislation that would
enable or permit municipalities to levy a tax rate,
which is less than the residential tax rate, for both residential condominium townhomes and residential condominium apartments in Ontario;
Now therefore be it resolved:
1) That
Markham City Council request that the Province of Ontario investigate the
feasibility of establishing a separate property taxation class for both residential condominium townhomes and residential
condominium apartments in Ontario.
Note: This motion will be placed
on the October 13, 2015 Council Agenda for consideration.
9. COMMUNICATIONS
Moved by Councillor
Alex Chiu
Seconded by Regional
Councillor Nirmala Armstrong
That Council
receive and consent to the disposition of communications in the following
manner:
Received
52-2015 ONTARIO
MUNICIPAL BOARD (OMB) DECISION – LITCHFIELD DEVELOPMENTS LIMITED, 4116, 4128
AND 4142 HIGHWAY NO. 7 (13.13)
OMB
Decision
Summary from the City Solicitor:
On April
16, 2015, the OMB issued its final order approving the settlement of an appeal
by Litchfield Developments Limited (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 4116, 4128 and 4142 Highway 7, east of Village Parkway and west of Sciberras
Road. The Applications permit a residential development consisting of 17
freehold and 35 condominium townhouses. The proposal also includes a new L-shaped
public road that will cut through the subject property and the adjacent
commercial property to the west, joining two unconnected parts of Lichfield
Road, in accordance with the Secondary Plan for the area.
Following settlement
discussions, the appellant and the City reached a resolution of the appeal,
which was supported by Council. A zoning by-law amendment, official plan
amendment and conditions of draft plan of subdivision approval were agreed to
by the City and the appellant.
The Board member
considered evidence from the appellant’s planner in support of the settlement
supported by Council, and approved the Applications.
(By-laws 2015-125 and 2015-126)
Carried
53-2015 ROAD
CLOSURE REQUEST – ANGUS GLEN HALF MARATHON (3.5)
Info
The following roads will be closed on November 8, 2015 from 7:30 AM to
12:30 PM to facilitate the event:
-
Kennedy Rd from Bur Oak to Elgin
Mills Rd
- Major MacKenzie Dr from Kennedy Rd to
Ridgecrest Dr
- Schoolhouse Rd from Kennedy Rd to
Prospectors Dr
- Prospectors Dr from Schoolhouse Rd to
Angus Glen Blvd
- The Fairways from Prospectors Dr to
Angus Glen Blvd
- Royal Troon Cres – all of it
- Angus Glen Blvd from The Fairways to
Kennedy Rd
- Elgin Mills Rd from Kennedy Rd to
McCowan Rd
- McCowan Rd from Elgin Mills Rd to 19th
Ave
Carried
54-2015 COMMUNICATION
REGARDING THE ITEM TITLED "STORMWATER FEE NON-RESIDENTIAL CONSULTATION AND
CITY – WIDE IMPLEMENTATION" (5.5)
Email
Rob Kadlovski, email dated September 28, 2015 providing comments.
(See New/Other Business Item No. 2 for
Council's decision on this matter)
10. PROCLAMATIONS
(1) PROCLAMATION
AND FLAG RAISING REQUESTS (3.4)
Moved by Councillor
Alex Chiu
Seconded by Councillor
Valerie Burke
1) That the following proclamations, issued by the City Clerk
in accordance with the City of Markham Proclamation Policy, be received for
information purposes:
- Syringomyelia & Chiari
Malformation Day (July 17, 2015)
- India Independence Day (August 15, 2015)
- Trinidad and Tobago
Independence Day (August 27, 2015)
- Andre De Grasse Days (July 22 and 24, 2015
- Sarah Wells Days (July 22 and 25, 2015)
- Franco-Ontarian Day
(September 25, 2015)
- Syringomyelia & Chiari
Malformation Month (September 2015)
- Prostate Cancer Month
(September 2015)
- Markham Fair Week (September
28 to October 4, 2015)
- National Day of the People's
Republic of China (October 1, 2015)
- Child Care Worker &
Early Childhood Educator Appreciation Day (October 8, 2015)
- World Mental Health Day
(October 10, 2015)
- German Pioneers Day (October
13, 2015)
- Blue Shirt Day – Ontario
Stop Workplace Bullying & Harassment Day (October 16, 2015)
- Waste Reduction Week
(October 19 to 25, 2015)
- National Seniors Day
(October 1, 2015)
- English as a Second Language
Week (November 8 to 14, 2015); and,
2) That
the following requests 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 Syringomyelia &
Chiari Malformation (July 17, 2015)
- Flag of India (August 16,
2015)
- Flag of Trinidad and Tobago
(August 27, 2015)
- Flag of Franco-Ontarian
(September 25, 2015)
- Flag of China (September 26,
2015)
- Flag of Germany (October 13,
2015)
- Blue Flag (October 16, 2015)
- Seniors Flag (October 1,
2015); and further,
3) That the following new requests 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:
- Wrongful Conviction Day
(October 2, 2015)
- Occupational Therapy Month
(October 2015).
Carried
11. NEW/OTHER BUSINESS
(1) NOTICE
OF PROPOSED SALE
(PART
OF LANE W AND BLOCK 371 ON REGISTERED PLAN 65M-3759
DESIGNATED AS PARTS 1 AND 2 ON REFERENCE PLAN 65R-35808)
(8.7)
Map
Notice of Proposed Sale
City of Markham
Proposed Sale of Surplus
Real Property
(Pursuant to By-law
178-96)
Moved by Councillor
Karen Rea
Seconded by Councillor
Alan Ho
1) That the
notice of proposed sale for the City of Markham owned lands legally described
as follows be confirmed:
"Part
of Lane W and Block 371 on Registered Plan 65M-3759 designated as Parts 1 and 2
on Reference Plan 65R-35808, City of Markham, Regional Municipality of York."
(Item No. 4, Report No. 39) (By-laws 2015-128
and 2015-129)
Carried
(2) STORMWATER FEE NON-RESIDENTIAL
CONSULTATION AND CITY
–WIDE IMPLEMENTATION (5.5)
Update
Memo Report
Moved by Councillor
Valerie Burke
Seconded by Councillor
Alan Ho
1) That
the delegations provided by Richard Cunningham, Markham
Board of Trade, Marilyn Ginsburg, Grandview Area Residents Association, Evelin
Ellison, Ward I (South) Thornhill Residents and Dagmar Teubner at the September
28, 2015 Council meeting be received; and,
2) That
the memorandum dated September 9, 2015 titled "Stormwater Fee
Non-Residential Consultant and City-wide Implementation" be received; and,
3) That the presentation by Mr. Joel
Lustig, Treasurer, entitled “Stormwater Fee Non-Residential Consultation and
City-wide Implementation” at the May 26, 2015 General Committee meeting be
received; and,
4) That the report “Stormwater Fee
Non-Residential Consultation and City-wide Implementation” be received; and,
5) That billing of the annual stormwater
fee for Non-Residential property classes commence in 2016 at a rate of $29 per
$100,000 of current value assessment (CVA); and,
6) That billing of the
annual stormwater fee for vacant land properties commence in 2016 at an rate of
$29 per $100,000 of CVA; and,
7) That
the Treasurer be authorized to adjust the annual stormwater rate for
Non-Residential and vacant land properties to compensate for the average change
in City CVA; and,
8) That
any property with a CVA of less than $100,000 shall not have a stormwater fee
imposed upon it; and,
9) That billing of the stormwater fee be
included as a separate line item on the tax bill of the property; and,
10) That Staff identify and
integrate short term flood risk reduction measures into
the flood control program, predominantly in the Don Mills Channel area, to an upset
limit of $100,000 annually inclusive of HST; and,
11) That By-law 2014-168 be repealed in its
entirety and replaced with the Stormwater Fee By-law as outlined in Appendix
“A” to this staff report; and,
12) That staff be directed to develop and
report back on a non-monetary recognition program for companies that make
significant efforts in stormwater management; and,
13) That the correspondence from Daryl
Clemance, General Manager, Cadillac Fairview submitted at the May 26, 2015
General Committee meeting be received; and further,
14) That Staff be authorized and directed to
do all things necessary to give effect to this resolution.
(By-law 2015-130)
Carried by a recorded vote (10:3)
(See following recorded vote)
(See following to move the matter forward)
Council consented to receive the delegations from Richard Cunningham,
Markham Board of Trade, Marilyn Ginsburg, Grandview Area Residents Association,
Evelin Ellison, Ward I (South) Thornhill Residents and Dagmar Teubner.
YEAS: Councillor
Valerie Burke, Councillor Alan Ho, Councillor Don Hamilton, Councillor Karen
Rea, Regional Councillor Jim Jones, Deputy Mayor Jack Heath, Regional
Councillor Joe Li, Councillor Colin Campbell, Councillor Logan Kanapathi,
Councillor Alex Chiu. (10)
NAYS: Regional
Councillor Nirmala Armstrong, Mayor Frank Scarpitti, Councillor Amanda
Collucci. (3)
Moved by Councillor Valerie Burke
Seconded by Councillor Alan Ho
That Council consider the matter related to non-residential stormwater
fee immediately following the delegations with respect thereto.
Carried
Note: This
item was deferred from the June 15, 2015 Council meeting.
(3) PLAQUES
RECEIVED FROM
THE SOCIETY FOR THE
PRESERVATION
OF HISTORIC THORNHILL (SPOHT) (12.2.6)
Councillor
Valerie Burke advised the Society for the Preservation of Historic Thornhill
(SPOHT) has presented plaques to the City of Markham and Region of York for
sponsoring the 2015 Thornhill Village Festival.
12. BY-LAWS
(By-laws 2015-125 and 2015-126
approved by OMB)
(For
information only to facilitate the assignment of a by-law number)
BY-LAW 2015-125 LITCHFIELD
DEVELOPMENTS LIMITED, 4116, 4128 AND 4142 HIGHWAY NO. 7,
AMENDMENT TO THE IN
FORCE OFFICIAL PLAN (REVISED 1987), AS AMENDED, OFFICIAL PLAN AMENDMENT APPROVED
BY ONTARIO MUNICIPAL BOARD (OMB)
A by-law to assign Official Plan Amendment 231
to the in force Official Plan (Revised 1987), as amended, to permit residential
development.
(Communication No. 52-2015)
OPA
BY-LAW 2015-126 LITCHFIELD
DEVELOPMENTS LIMITED, 4116, 4128 AND 4142 HIGHWAY NO. 7,
ZONING BY-LAW AMENDMENT, ZONING BY-LAW AMENDMENT APPROVED BY ONTARIO MUNICIPAL
BOARD (OMB)
A by-law to amend By-law 122-72, as amended and 177-96, as amended, to
permit residential development.
(Communication No. 52-2015)
By-law
Moved by Councillor
Alex Chiu
Seconded by Councillor
Logan Kanapathi
That By-laws 2015-127 to
2015-133 be given three readings and enacted.
Three Readings
BY-LAW 2015-127 A BY-LAW TO AMEND TRAFFIC BY-LAW 106-71 (ALL-WAY STOP CONTROL AT
14TH AVENUE AND HOBBS GATE)
(Item No. 3, Report No. 39)
By-law
Carried
BY-LAW 2015-128 A BY-LAW TO DECLARE CERTAIN LANDS LEGALLY DESCRIBED AS A PORTION OF A RESERVE AND LANE W DEDICATED BY PLAN OF SUBDIVISION
65M-3759, DESCRIBED AS PART OF BLOCK 371 AND PART OF LANE W, PLAN 65M-3759 MORE
PARTICULARLY DESCRIBED AS PARTS 1 AND 2 ON REFERENCE PLAN 65R-35808, CITY OF
MARKHAM, REGIONAL MUNICIPALITY OF YORK, SURPLUS TO MUNICIPAL PURPOSES
(Item No. 4, Report No. 39) (New/Other
Business Item No. 1)
By-law
Carried
BY-LAW 2015-129 A BY-LAW TO STOP-UP AND CLOSE A PORTION OF ROAD
ALLOWANCE LANE W, DEDICATED BY PLAN OF SUBDIVISION 65M-3579, MORE PARTICULARLY
DESCRIBED AS PART 1 ON REFERENCE PLAN 65R-35808
(Item No. 4, Report No. 39) (New/Other
Business Item No. 1)
By-law
Carried
BY-LAW 2015-130 A BY-LAW TO LEVY STORMWATER FEES
(Repeals By-law 2014-168)
(New/Other Business Item No. 2)
By-law
Carried
BY-LAW 2015-131 ROAD DEDICATION BY-LAW (PAGNELLO COURT)
A by-law to dedicate certain lands as part of
the highways of the City of Markham (Part of Lot 7, Concession 9, designated as
Parts 20, 21 and 22, Plan 65R-29109 - Pagnello Court)
By-law
Carried
BY-LAW 2015-132 VISPANIA HOME 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, east of Kennedy Road and north
of 16th Avenue, Lots 7 and 8 and Blocks 18, 23, 25, 29, 32
and 39, Plan 65M-4429.
By-law
Carried
BY-LAW 2015-133 A BY-LAW TO CLOSE A PORTION OF ENTERPRISE BOULEVARD DESCRIBED AS
PART OF LOT 9, CONCESSION 5 DESIGNATED AS PARTS 2, 3, 5, 7, 8, 9 AND 11, PLAN
65R-35612
(Clause 2, Report No. 22 – May 27, 2014)
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
(11:19 PM):
(1) MINUTES OF IN-CAMERA COUNCIL MEETING
- JUNE 23, 2015 (16.0)
[Section 239 (2) (a) (b) (c) (e) (f)]
Development
Services Committee – September 8, 2015
(2) LITIGATION
OR POTENTIAL LITIGATION, INCLUDING MATTERS BEFORE ADMINISTRATIVE TRIBUNALS,
AFFECTING THE MUNICIPALITY OR LOCAL BOARD (ONTARIO MUNICIPAL BOARD - 27
VALLONCLIFFE ROAD - WARD 1) (8.0)
[Section 239 (2) (e)]
General
Committee – September 9, 2015
(3) PERSONAL MATTERS ABOUT AN IDENTIFIABLE INDIVIDUAL, INCLUDING
MUNICIPAL OR LOCAL BOARD EMPLOYEES (PROPERTY TAX MATTER UNDER SECTION 373 OF
THE MUNICIPAL ACT, 2001) (7.3)
[Section 239 (2) (b)]
(4) PERSONAL MATTERS ABOUT AN IDENTIFIABLE INDIVIDUAL,
INCLUDING MUNICIPAL OR LOCAL BOARD EMPLOYEES (REPORT OF THE INTEGRITY
COMMISSIONER REGARDING CONTRAVENTION OF THE CODE OF CONDUCT BY FORMER WARD
COUNCILLOR HOWARD SHORE) (16.23)
[Section 239 (2)
(b)]
General
Committee – September 21, 2015
(5) PERSONAL
MATTERS ABOUT AN IDENTIFIABLE INDIVIDUAL, INCLUDING MUNICIPAL OR LOCAL BOARD
EMPLOYEES
(BOARD/COMMITTEE APPOINTMENTS & RESIGNATIONS) (16.24)
[Section 239 (2) (b)]
(6) PERSONAL
MATTERS ABOUT AN IDENTIFIABLE INDIVIDUAL, INCLUDING MUNICIPAL OR LOCAL BOARD
EMPLOYEES
(PROPERTY TAX MATTER UNDER SECTION 357 (1) (D.1) OF THE MUNICIPAL ACT, 2001) (7.0)
[Section 239 (2) (b)]
Development
Services Committee – September 22, 2015
(7) DEVELOPMENT SERVICES COMMITTEE IN-CAMERA
MINUTES
- SEPTEMBER 8, 2015 (10.0)
[Section 239 (2) (c) (e)]
(8) LITIGATION
OR POTENTIAL LITIGATION, INCLUDING MATTERS BEFORE ADMINISTRATIVE TRIBUNALS,
AFFECTING THE MUNICIPALITY OR LOCAL BOARD (ONTARIO MUNICIPAL BOARD - 13 ST.
ANDRES COURT - WARD 1) (8.0)
[Section 239 (2) (e)]
Council
– September 28, 2015
(9) PERSONAL
MATTERS ABOUT AN IDENTIFIABLE INDIVIDUAL, INCLUDING MUNICIPAL OR LOCAL BOARD
EMPLOYEES
(BOARD/COMMITTEE APPOINTMENTS) (16.24)
[Section 239 (2) (b)]
Moved by Councillor
Don Hamilton
Seconded by Councillor
Amanda Collucci
That Council
rise from the in-camera session. (11:55 PM)
Carried
The in-camera
items were approved by Council as follows:
(1) MINUTES
OF IN-CAMERA COUNCIL MEETING
- JUNE 23, 2015 (16.0)
Moved by Councillor
Don Hamilton
Seconded by Councillor
Colin Campbell
1) That the Council
In-camera Minutes dated June 23, 2015 be confirmed.
Carried
(2) MINOR
VARIANCE APPLICATION APPEAL
VAHLID ESTIAGH
27 VALLONCLIFFE ROAD
A/44/15 (8.0)
Moved by Councillor
Valerie Burke
Seconded by Councillor
Alan Ho
1) That the confidential report titled “Minor
Variance Application Appeal, Vahlid Estiagh, 27 Valloncliffe Road, A/44/15” be
received; and,
2) That Council direct the City Solicitor
and Staff not to attend the Ontario Municipal Board (OMB) hearing regarding the
decision of the Committee of Adjustment to deny the requested minor variance,
providing the appellant agrees to request the OMB to implement the staff
recommended conditions of approval set out below:
a) That the variance applies only to the
proposed development as long as it remains; and,
b) That the variance applies to the subject
development, in substantial conformity with the plans submitted with the
application, to the satisfaction of the Director of Planning and Urban Design,
or designate; and,
c) That a development agreement be entered
between the owner and the City of Markham to secure landscape mitigation along
the northerly property line, if required by and to the satisfaction of the
Director of Planning and Urban Design, or designate; and,
d) That the Owner submit a Tree Assessment and
Preservation Plan, prepared by a qualified arborist, in accordance with the
City’s Streetscape Manual (2009) as amended, to the satisfaction of the
Director of Planning and Urban Design, or designate; and,
e) That tree protection fencing shall be erected
by the owner and confirmed by inspection by the City to be in accordance with
the City’s Streetscape Manual (2009) as amended and the approved Tree
Assessment and Preservation Plan referred to in condition (d), to the
satisfaction of the Director of Planning and Urban Design, or designate; and,
f) That in accordance with the approved Tree
Assessment and Preservation Plan referred to in condition (d), tree
replacements are provided and/ or tree replacement fees are paid to the City,
if required by the Director of Planning and Urban Design, or designate; and,
g) That the owner incorporates the requirements
of Markham’s Bird Friendly Guidelines 2014 into the proposed new construction,
to the satisfaction of the Director of Planning and Urban Design, or designate;
and,
h) That the owner be required to submit a siting
/ grading plan of the property prepared by a qualified professional, all to the
satisfaction of the Director of Engineering, or designate; and further,
3) That Staff be authorized and directed
to do all things necessary to give effect to this resolution.
Carried
(3) PERSONAL
MATTERS ABOUT AN IDENTIFIABLE INDIVIDUAL, INCLUDING MUNICIPAL OR LOCAL BOARD
EMPLOYEES (PROPERTY TAX MATTER UNDER SECTION 373 OF THE MUNICIPAL ACT, 2001)
(7.3)
Moved by Councillor
Amanda Collucci
Seconded by Deputy
Mayor Jack Heath
1) That the confidential report entitled “Properties for Tax Sale - Update” be received;
and,
2) That staff be authorized
to proceed as directed by Council on September 28, 2015.
Carried
(4) REPORT
FROM INTEGRITY COMMISSIONER
CODE OF CONDUCT COMPLAINT
ABOUT
FORMER COUNCILLOR HOWARD SHORE
(16.23)
Report
Moved by Councillor
Alex Chiu
Seconded by Regional
Councillor Joe Li
1) That the report from Ben Drory, J.D.,
of ADR Chambers, Integrity Commissioner for the City of Markham, dated July 29,
2015 be received; and,
2) That, in consideration of the Integrity
Commissioner’s finding that former Councillor Howard Shore contravened section
17 of the Council Code of Conduct as outlined in his report, former Councillor
Howard Shore be hereby reprimanded; and,
3) That, as required by subsection
223.6(3) of the Municipal Act, the Integrity Commissioner’s report be
made available to the public via the City’s website; and further,
4) That staff be authorized and directed
to do all things necessary to give effect to this resolution.
Carried
(5) BOARD/COMMITTEE
APPOINTMENTS & RESIGNATIONS (16.24)
Moved by Regional
Councillor Jim Jones
Seconded by Regional
Councillor Nirmala Armstrong
1) That the following persons be appointed
to the Flato Markham Theatre Advisory Board:
Name Term
John Tidball November
30, 2017
Stephen Timms November
30, 2017
Arun Mathur November
30, 2017
Deborah Jestin November
30, 2019
Shaun Sauve November
30, 2018
Justin Reid November
30, 2018
Heather Reading November
30, 2018; and,
2) That Flato Markham Theatre Advisory Board Terms of
Reference be amended to increase the number of citizen members from eleven (11)
to fourteen (14); and,
3) That the resignation of
Sidney Polak from the Advisory
Committee on Accessibility be received with regret for information purposes
and that a letter of appreciation be forwarded by Mayor Frank Scarpitti; and,
4) That the resignation of
Barry Martin from the Heritage Markham Committee be received with regret
for information purposes and that a letter of appreciation be forwarded by
Mayor Frank Scarpitti; and,
5) That the resignation of
Lolita Bruneau from the Committee of Adjustment be received with regret
for information purposes and that a letter of appreciation be forwarded by
Mayor Frank Scarpitti; and further,
6) That the resignation of
Susanna Lee, Oscar Tran, Jeevan Treehan, and Hera Wan from the RBC
Markham-Milliken Children’s Festival Committee be received with regret for information
purposes and that letters of appreciation be forwarded by Mayor Frank
Scarpitti.
Carried
(6) PERSONAL
MATTERS ABOUT AN IDENTIFIABLE INDIVIDUAL, INCLUDING MUNICIPAL OR LOCAL BOARD
EMPLOYEES
(PROPERTY TAX MATTER UNDER SECTION 357 (1) (D.1) OF THE MUNICIPAL ACT, 2001) (7.0)
Moved by Councillor
Alex Chiu
Seconded by Councillor
Logan Kanapathi
1) That
the confidential report entitled “Application under Section 357 (1) (d.1) of
the Municipal Act, 2001” be
received; and,
2) That
application #4343 request for property tax assistance be denied; and further,
3) That
staff be authorized and directed to do all things necessary to give effect to
this resolution.
Carried
(7) DEVELOPMENT SERVICES COMMITTEE
IN-CAMERA MINUTES
- SEPTEMBER 8, 2015 (10.0)
Moved by Regional
Councillor Jim Jones
Seconded by Councillor
Don Hamilton
1) That the minutes of the Development
Services Committee in-camera meeting, held September 8, 2015, be confirmed.
Carried
(8) MINOR
VARIANCE APPLICATION APPEAL
DONYA SABERY GHOMY
13 ST. ANDRES COURT
A/72/15 (8.0)
Moved by Councillor
Karen Rea
Seconded by Regional
Councillor Joe Li
1) That the confidential report titled “Minor
Variance Application Appeal, Donya Sabery Ghomy, 13 St. Andres Court, A/72/15”
be received; and,
2) That Council direct the City Solicitor and
Staff not to attend the Ontario Municipal Board (OMB) hearing regarding the
decision of the Committee of Adjustment to deny the minor variance related to
Floor Area Ratio, providing the appellant agrees to request the OMB to
implement the staff recommended conditions of approval set out below:
a) That the variance applies only to the
proposed development as long as it remains;
b) That the variance applies to the subject
development, in substantial conformity with the plans submitted with the
application, to the satisfaction of the Director of Planning and Urban Design,
or designate;
c) That the Owner submit a Tree Assessment
and Preservation Plan, prepared by a qualified arborist, in accordance with the
City’s Streetscape Manual (2009) as amended, to the satisfaction of the
Director of Planning and Urban Design, or designate;
d) That tree protection fencing shall be
erected by the owner and confirmed by inspection by the City to be in
accordance with the City’s Streetscape Manual (2009) as amended and the
approved Tree Assessment and Preservation Plan referred to in condition (c), to
the satisfaction of the Director of Planning and Urban Design, or designate;
e) That in accordance with the approved Tree
Assessment and Preservation Plan referred to in condition (c), tree
replacements are provided and/ or tree replacement fees are paid to the City,
if required by the Director of Planning and Urban Design, or designate;
f) That the owner be required to submit a
siting / grading plan of the property prepared by a qualified professional, all
to the satisfaction of the Director of Engineering, or designate; and further,
3) That Staff be authorized and directed
to do all things necessary to give effect to this resolution.
Carried
(9) BOARD/COMMITTEE
APPOINTMENTS (16.24)
Moved by Regional
Councillor Joe Li
Seconded by Deputy
Mayor Jack Heath
1) That the following persons be appointed
to the Committee of Adjustment with a term start date of November 1,
2015:
Name Term
Gary Muller November
30, 2018
Tom Gutfreund November 30, 2018
Arun Prasad November
30, 2018
Jeamie Crispi Reingold November
30, 2018
Philip Gunn November
30, 2018
Gregory Knight November
30, 2018
Michael Visconti November
30, 2018; and,
2) That the following persons be appointed
to the German Mills Meadow and Natural Habitat Liaison Committee with a
term start date of September 29, 2015:
Name Term
Kimberley Seymour November
30, 2017
Gail Lavery November
30, 2018
Bernard Sze November
30, 2017
John Saul November
30, 2018
Carried
14. CONFIRMATORY BY-LAW
Moved by Councillor
Alex Chiu
Seconded by Regional
Councillor Nirmala Armstrong
That By-law 2015-134
be given three readings and enacted.
Three Readings
BY-LAW 2015-134 A BY-LAW TO CONFIRM THE PROCEEDINGS OF THE COUNCIL MEETING OF SEPTEMBER
28, 2015.
By-law
Carried
15. ADJOURNMENT
Moved by Councillor
Alex Chiu
Seconded by Regional
Councillor Jim Jones
That the Council Meeting be adjourned at 11:59 PM.
Carried
_________________________________ _______________________________
Kimberley
Kitteringham Frank
Scarpitti
City
Clerk Mayor
(Signed)