COUNCIL MINUTES
November
13, 2012, 7:00 p.m.
Council
Chamber, Anthony Roman Markham Civic Centre
Meeting No. 19
Alternate
formats for this document are available upon request
ROLL CALL
Mayor Frank
Scarpitti, Deputy Mayor Jack Heath, Regional Councillor Jim Jones, Regional
Councillor Gord Landon, Regional Councillor Joe Li Councillor Valerie Burke,
Councillor Howard Shore, Councillor Don Hamilton, Councillor Carolina Moretti,
Councillor Colin Campbell, Councillor Alan Ho, Councillor Logan Kanapathi, Councillor
Alex Chiu.
STAFF
Andy Taylor, Chief
Administrative Officer
Catherine Conrad, City
Solicitor
Brenda Librecz, Commissioner
of Community and Fire Services
Trinela Cane, Commissioner
of Corporate Services
Joel Lustig, Treasurer
Richard Kendall, Manager,
Central District
Martha Pettit, Acting City
Clerk
Kitty Bavington, Council and
Committee Coordinator
Stephen Huycke, Acting
Deputy Clerk
Denis Flaherty, Director of
Communications and Community Relations
Rino Mostacci, Director of
Planning and Urban Design
Bill Wiles,
Manager of By-law Enforcement and Licensing
John Wong, Technology
Support Specialist
The regular
meeting of Council convened at 7:09 p.m. on November 13, 2012 in the Council
Chamber. Mayor Frank Scarpitti presided.
1. DISCLOSURE OF PECUNIARY INTEREST
(1) None
declared.
2. MINUTES
(1) COUNCIL MINUTES – OCTOBER 30, 2012
Minutes
Moved by
Councillor Alex Chiu
Seconded by Councillor
Howard Shore
1) That the Minutes of the
Council Meetings held on October 30, 2012, be adopted.
CARRIED
3. PRESENTATIONS
There were no
presentations.
4. DELEGATIONS
Council
consented to add Delegation Item Nos. 1 and 2.
(1) DELEGATION
– JANET BEED REGARDING
FAIR HOSPITAL PARKING CHARGES
(3.8)
Moved by
Councillor Carolina Moretti
Seconded by
Councillor Valerie Burke
That the delegation
by Janet Beed, President and CEO of Markham Stouffville
Hospital, regarding the item titled "Fair Hospital Parking Charges",
be received.
CARRIED
(See Item No.
1, Report No. 52 for Council's decision on this matter)
(2) DELEGATIONS
– PROPOSED DEVELOPMENT ON
HIGHWAY 7/VILLAGE PARKWAY
(10.3, 10.5, 10.7)
Moved by Councillor
Don Hamilton
Seconded by Councillor
Carolina Moretti
1) That the following delegations
in opposition to the proposed development on Highway 7/Village Parkway by Times
Group Inc, Lee Developments and Alex Shaw, be received:
1. Tom Zigomanis
2. Karen Gullason
3. Giuliana Minardi
4. Fong Hsiung
5. Mohamed
Maherali
6. Zina Maher
7. Endel Mell
8. David McBeth.
CARRIED
5. PETITIONS
There were no
petitions.
6(a) REPORT NO. 52 - GENERAL COMMITTEE (November
5, 2012)
Council
consented to separate Item No. 6.
Moved by Councillor
Carolina Moretti
Seconded by Councillor
Colin Campbell
That Report
No. 52 – General Committee comprised of 9 items be received and adopted, except
Item No. 6. (See following Item No. 6)
(1) FAIR
HOSPITAL PARKING CHARGES (3.8)
Presentation Attachment
1 Attachment
2 Attachment
3 Attachment
4
1) That the presentation by Mr. Alan D. Powell,
entitled “Fair Hospital Parking Charges” be received; and,
2) That the City of Markham hereby
requests that the Province of Ontario reduce and cap at a fair rate the parking
charges at Ontario Hospitals including Markham Stouffville Hospital.
CARRIED
(2) REQUEST
FOR PROPOSAL 035-Q-12 PUBLIC SPACE
WASTE RECYCLING RECEPTACLES
SYSTEM AND
ADVERTISING PROGRAM (5.2)
Report Attachment
1) That
the Report entitled ‘Request for Proposal 035-Q-12 Public Space Waste Recycling
Receptacles System and Advertising’ be received; and,
2) That the Request For Proposal (RFP)
035-12 for Public Space Waste Recycling
Receptacles and Advertising program be awarded to Creative Outdoor Advertising
the highest ranked / highest revenue bidder for a period of five years; and,
3) That the Director of Environmental
Services and Manager Purchasing be authorized to extend the contract for a
further period of five years as per terms of the RFP and subject to the
satisfactory completion of the initial contract term; and,
4) That the annual guaranteed revenue of
$90,000.00 or 28% commission whichever is the greater as provided for in the
RFP be included in the Waste Department Operating Budget beginning 2013; and,
5) That the Commissioner of Community
& Fire Services and the Manager of
Purchasing be
authorized to execute the contract with Creative Outdoor Advertising in accordance to the terms of the Purchasing
By Law and to the satisfaction of the City’s Solicitor; and further,
6) That
Staff be authorized and directed to do all things necessary to give effect to
this resolution
CARRIED
(3) BYLAW
TO AUTHORIZE TEMPORARY BORROWING FOR 2013 (7.0)
Report Attachment
1) That
the report “By-law to authorize Temporary Borrowing for 2013” be received; and,
2) That a by-law be
brought forward for Council approval to authorize the temporary borrowing, if
required, of an amount not to exceed $137,087,510 from January 1, 2013 to September
30, 2013 and $68,543,755 from October 1, 2013 to December 31, 2013 to meet the
expenditures of the municipality until taxes are collected and other revenues
are received; and,
3) That
the Treasurer report to Council in advance of borrowing, if temporary borrowing
is required; and further,
4) That
Staff be authorized and directed to do all things necessary to give effect to
this resolution.
(By-law 2012-231)
CARRIED
(4) 2013
INTERIM TAX LEVY AND BYLAW (7.2)
Report
1) That Council authorize an interim tax
levy for 2013; and,
2) That the attached by-law be passed to
authorize the 2013 interim tax levy; and further,
3) That
staff be authorized and directed to do all things necessary to give effect to
this resolution.
(By-law 2012-232)
CARRIED
(5) STRATEGIC
LAWSUIT AGAINST PUBLIC PARTICIPATION
(SLAPP) REPORT (8.0)
Report Attachment
A
1) That the report
entitled “Strategic Lawsuits Against Public Participation (SLAPP)”, dated
November 5, 2012, be received; and,
2) That
Council receive the information regarding SLAPP legislation as requested by
Council in a Motion passed on May 7, 2012; and,
3) That
Council authorize staff to draft an indemnification by-law for their
consideration; and,
4) That
the Strategic Lawsuits Against Public Participation (SLAPP) be circulated to
Markham Action Group for Improved Community (MAGIC); and further,
5) That
Staff be authorized and directed to take the actions set out in this report.
CARRIED
(6) MOTION - STRATEGIC LITIGATION AGAINST
PUBLIC PARTICIPATION (SLAPP) (8.0)
Moved by Councillor
Howard Shore
Seconded by Councillor
Valerie Burke
Whereas Strategic litigation
against public participation (SLAPP) has been defined as a lawsuit started
against one or more persons or groups who speak out or take a position on an
issue of public interest; and,
Whereas the intent of such
litigation is to limit the freedom of expression of the defendants and neutralize their actions by resorting to the
courts to intimidate them, exhaust their resources and reduce their means of
action by redirecting their energy and finances into defending a lawsuit and
away from their original public criticism; and,
Whereas Strategic Lawsuits
Against Public Participation (SLAPP) are a major impediment to free speech in
Ontario; and,
Whereas these frivolous
lawsuits are a waste of already overburdened Court time and resources; and,
Whereas concerns have been
raised that SLAPPs also act as a warning to other potential critics, including
Ratepayer Associations and community activists; and,
Whereas SLAPP is a form of
bullying and intimidation, and an abuse of our judicial and quasi-judicial
systems the effect and intent of which is to discourage public debate; and,
Whereas the SLAPP
experience, already familiar in the United States, first appeared in Canada as
a type of abuse of process, or began to be identified as such, in the 1990s. A
number of companies initiated legal proceedings that fit the definition of a
SLAPP in order to silence groups or citizens who were speaking out on public
issues, especially on environmental, but also municipal or consumer, issues;
and,
Whereas abusive SLAPP
lawsuits are an observable reality and constitute a serious threat to the
participation of citizens and groups in public debate; and,
Whereas the public's right
to participate in decision-making in matters of public interest is a
cornerstone of our democratic system; and,
Whereas the only way to
protect the citizen's right to public participation is through the creation of
effective legislation; and,
Whereas Article 25 of the International Covenant on Civil and Political Rights states:
“Every citizen shall have
the right and the opportunity, without any of the
distinctions mentioned in
article 2 and without unreasonable restrictions:
(a) To take part in the
conduct of public affairs, directly or through freely chosen representatives;
(b) To vote and to be
elected at genuine periodic elections which shall be by universal and equal
suffrage and shall be held by secret ballot, guaranteeing the free expression
of the will of the electors;
(c) To have access, on
general terms of equality, to public service in his country”; and,
Whereas the province of
Quebec and over half of U.S. states have anti-SLAPP legislation; and,
Whereas the Association of
Municipalities of Ontario has passed a resolution to meet with the provincial
government in order to find solutions to SLAPP intimidation in Ontario; and,
Whereas more than 60
municipalities in Ontario have passed resolutions calling on the provincial
government to protect citizens and adopt anti-SLAPP legislation; and,
Whereas Yasir Naqvi, Member of Provincial Parliament
for Ottawa Centre, tabled a private member’s bill
on October 15, 2012 – the Protection of Public Participation
Act – that targets Strategic
Lawsuits Against Public
Participation (SLAPPs), and,
Whereas the City of Markham
believes that the right to participate in public affairs is an essential
condition for the effective exercise of the right to freedom of expression and
right of association and implies the free communication of information and
freedom of the press and further, the right to hold opinions without
interference;
Now therefore be it resolved that:
1) Council
through the Mayor, write to the Attorney General and Premier of Ontario urging
the adoption of the “Anti-SLAPP Advisory
Panel Report to the Attorney General of Ontario dated October 28, 2012” and enact
anti-SLAPP legislation, to discourage SLAPP intimidation and protect citizens'
rights to free speech and participation in public debate, without fear of
frivolous and meritless lawsuits.
CARRIED AS AMENDED
(See following to amend)
Moved by Councillor Howard Shore
Seconded by Councillor Valerie Burke
That the following proposed Resolution No. 2) be deferred until staff
report back on this matter:
"2) That Council
recommend to the Attorney
General and Premier of Ontario to extend Parliamentary Privilege to members of
municipal Councils where a
member of the Council participates in the exercise of their responsibilities
representing the constituents of their electoral district, and generally, the
carrying out of the functions of his or her responsibilities as Councillor, the
Councillor shall not be held personally liable for SLAPP lawsuits."
CARRIED
Note: The
notice of this motion titled "Strategic Litigation Against Public
Participation (SLAPP)" was given to Council at its meeting held on October
16, 2012, moved by Councillor Howard Shore and seconded by Councillor Valerie
Burke. At this meeting, Council
consented to consider the motion when the staff report on same is being
considered.
On November 5, 2012,
General Committee considered the staff report and the recommendation of the
committee is listed under Item No. 5, Report No. 52 of these Council
minutes. The Committee also considered
this motion with notice given to Council on October 16, 2012.
(7) AMENDMENTS
TO DISCHARGE OF FIREARMS BY-LAW (2.0)
Report Attachment
1) That
the report entitled “Discharge of Firearms and Bows By-law” be received; and,
2) That
By-law 323-86 being “a bylaw to Prohibit the Discharge of Guns and Other
Firearms, Air Guns and Spring Guns and Class Thereof, Within the Municipality”
be repealed; and,
3) That
the proposed “Discharge of Firearms and Bows By-law” as outlined in Appendix
'A' be enacted; and further,
4) That
Staff be authorized and directed to do all things necessary to give effect to
this resolution.
(By-law
2012-233)
CARRIED
(8) REQUEST
FROM THE YORK REGIONAL POLICE FOR
ASSISTANCE WITH CLANDESTINE
DRUG OPERATION
COST RECOVERY (2.0)
Report Attachment
A Attachment
B Attachment
C
1) That
the report entitled “Request from York Regional Police for Assistance with
Clandestine Drug Operations Cost Recovery” be received; and,
2) That
the City of Markham enact a by-law (Attachment ‘A’- Draft
By-law) to permit recovery of costs incurred by York Regional Police
Services which are associated with the remediation of clandestine drug
operations in Markham, in accordance with Section 391 (1) of the Municipal Act,
2001; and,
3) That staff be directed to report back on all
other potential costs associated with drug operation and opportunities to include
those costs in the by-law; and,
4) That
the Mayor and Acting City Clerk be authorized to execute a Memorandum of
Understanding between Markham and the Regional Municipality of York Police
Services regarding the payment and collection of costs by the City to the
Regional Municipality of York Police Services, prepared in a form acceptable to
the Commissioner of Corporate Services and the City Solicitor; and further,
5) That
Staff be authorized and directed to do all things necessary to give effect to
this resolution.
(By-law 2012-234)
CARRIED
(9) MILLIKEN
MILLS WORKSHOP FOLLOW – UP
– EXPANSION PROPOSAL (3.0)
Report Attachment
1) That
the report titled “Milliken Mills Workshop Follow Up - Expansion Proposal” be
received for information; and
2) That
Council direct staff to complete a Feasibility Review in 2013 to determine the
scope of changes to Milliken Mills Community Centre & Library for
recreation and library services; and,
3) That based on the
outcome of the Feasibility Review that consideration be given to the following
timelines: Design Phase to be initiated in 2014/15 and Construction between
2015 to 2017; and,
4) That Staff report back
in spring 2013 on the result of a Feasibility Review and implementation plan;
and further,
5) That Staff be authorized
and directed to do all things necessary to give effect to this resolution.
CARRIED
6(b) REPORT NO. 53 - DEVELOPMENT SERVICES
COMMITTEE
(November 6, 2012)
Council
consented to separate Item No. 2.
Moved by Regional
Councillor Jim Jones
Seconded by Councillor
Don Hamilton
That Report
No. 53 – Development Services Committee comprised of 4 items be received,
except Item No. 2. (See following Item No. 2)
(1) INTENTION TO DESIGNATE A PROPERTY UNDER
PART IV OF THE ONTARIO HERITAGE ACT
REESOR-GROVE HOUSE
6330 SIXTEENTH AVENUE
(16.11.3)
Report
1) That
the report dated November 6, 2012, entitled “Intention to Designate a Property
under Part IV of the Ontario Heritage Act, Reesor-Grove
House, 6330 Sixteenth Avenue” be received; and,
2) That
as recommended by Heritage Markham, the Reesor-Grove House – 6330 Sixteenth
Avenue, be approved for designation under Part IV of the Ontario
Heritage Act as a property of cultural heritage value or interest;
and,
3) 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,
4) 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,
5) 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,
6) That
Staff be authorized and directed to do all things necessary to give effect to
this resolution.
CARRIED
(2) TEMPORARY ROAD CLOSURE
OF A SECTION OF VILLAGE
PARKWAY
FROM LANDMARK COURT TO HIGHWAY
7 (5.10)
Report
1) That
the November 6, 2012 report entitled ‘Temporary
Road Closure of a Section of Village Parkway from Landmark Court to Highway 7’
be received; and,
2) That
temporary closure of Village Parkway from Landmark Court to Highway 7 be
approved to facilitate municipal infrastructure construction, for a forecast
period from Friday November 30, 2012 at 8:00 PM to Friday December 7, 2012 at
8:00 AM subject to public notice, signage and scheduling to be confirmed by the
Director of Engineering; and further,
3) That
staff be authorized and directed to do all things necessary to give effect to
this resolution.
CARRIED
To ensure
the new temporary traffic signals near the Sheridan Nursery are operational
before turning off the signals at Village Parkway/Birchmount Road, Council
consented to revise the temporary road closure date from the November 6, 2012
Development Services Committee meeting as follows:
From:
"...Friday November 16, 2012 at 8:00 PM to Monday November 26,
2012 at 8:00 AM..."
To:
"...Friday November 30, 2012 at 8:00 PM to Friday December 7, 2012
at 8:00 AM..."
(3) FENCE EXEMPTION APPEAL- 104 JOHN STREET
(2.19)
Report
1) That
the report entitled “Fence Exemption Appeal- 104 John Street” be received; and,
2) That
Council confirm the exemption for a 1.8 m solid panel fence at 104 John Street
for the reasons outlined in this report.
CARRIED
(4) LOSS
OF A SIGNIFICANT CULTURAL HERITAGE RESOURCE
NIGHSWANDER BROTHERS
TEMPERANCE HOTEL AND STORE
7877 HIGHWAY 7 EAST
LOCUST HILL COMMUNITY (16.11)
Report
1) That
the report dated November 6, 2012, entitled “Nighswander Brothers Temperance
Hotel and Store, 7877 Highway 7 East, Locust Hill Community”, be received; and
2) That
the City of Markham Council regrets the loss of the Nighswander Brothers
Temperance Hotel and Store, a landmark building in the community of Locust Hill
which had been recommended for designation under the Ontario
Heritage Act in 2003; and,
3) That
the loss of this significant heritage building due to an extreme example of
poor stewardship and demolition by neglect is a regrettable outcome for a
government agency, and sets a poor example for the private sector; and,
4) That
Council advise the Minister of Tourism, Culture and Sport and the Minister of
Infrastructure of the City of Markham’s disappointment in the lack of action on
the Nighswander Brothers Temperance Hotel and Store and the poor communication
from Infrastructure Ontario on its intentions for the building and property,
and the loss of the structure from Locust Hill due to demolition by neglect;
and,
5) That
with the support of the Minister of Tourism, Culture and Sport, Infrastructure
Ontario be requested to reconstruct the building on its original site due to
its significance as a cultural heritage landmark within Locust Hill and the
future Rouge National Urban Park; and,
6) That
the City express its interest in meeting with provincial and federal
representatives to discuss the preservation and enhancement of heritage
buildings as a key component of the Rouge National Urban Park plan and its
implementation; and,
7) And that this resolution be forwarded
to the Ministry of Environment in Ottawa, Parks Canada, and the TRCA; and
further,
8) That
Staff be authorized and directed to do all things necessary to give effect to
this resolution.
CARRIED
7. MOTIONS
(1) MOTION - STRATEGIC LITIGATION AGAINST
PUBLIC PARTICIPATION (SLAPP) (8.0)
Note: The
notice of this motion titled "Strategic Litigation Against Public
Participation (SLAPP)" was given to Council at its meeting held on October
16, 2012, moved by Councillor Howard Shore and seconded by Councillor Valerie
Burke. At this meeting, Council
consented to consider the motion when the staff report on same is being
considered.
On November 5, 2012,
General Committee considered the staff report.
This motion was also considered by the Committee – Please refer to Item
No. 6, Report No. 52 of these minutes.
8. NOTICES OF MOTIONS
(1) GTA
SPORTS CENTRE
- BACKGROUND CHECK FOR
PROPONENTS (6.0)
Moved by
Councillor Don Hamilton
Seconded by
Regional Councillor Jim Jones
Whereas
Winston Churchill once said “Leadership is demonstrated by behaviour”. This
should guide companies and organizations to hire executives who have
demonstrated the character traits that they would want exemplified by their
leaders. Given the recent corporate scandals throughout the corporate
landscape, the necessity of conducting executive background checks has become
an industry norm. It is imperative for companies and organizations to explore
the past of their potential executives, as they plan for the future; and,
Whereas a
detailed executive background investigation captures, in an in-depth dossier,
an understanding of the risks that are often times inherent when entering into
business relationships that might jeopardize your organizations reputation;
and,
Whereas the
higher the position within a company, the higher the level of scrutiny must be.
A comprehensive background investigation provides information on key personnel,
executive candidates, or potential partners that allow you to make an informed
decision on the future leadership of your company or project,
Recommended
Searches
- County
Criminal History (provincial for Canadian operations)
- Bankruptcy
search
- Credit
Report
- Education
Verification
- Federal
District Court Criminal History
- Media
search
- Motor
Vehicle Report
- National
Criminal Super Search
- OFAC-List
of Specially Designated Nationals and Blocked Persons
- Professional
License/Certification
- Proprietary
Records Search
- References:
Employment, Social Acquaintance, and Neighbours
- SEC
violations search
- Social
Security Number Trace
- State
and Federal civil search (provincial for Canadian operations)
- State
Criminal History (provincial for Canadian operations);
Now therefore be it resolved:
That
staff be directed to carry out a due diligence investigation of a full background check of the proponents’ of the
GTA Sports Centre paying attention to other ventures with sports groups and
municipalities. This study is required so that Council can demonstrate that if
the GTA Sports Centre is financially viable that the present proponents can
meet their financial obligations to the City to pay the debt being incurred by
the City on their behalf.
Note: This
motion will be considered by Council on November 20, 2012.
9. COMMUNICATIONS
Council
consented to add Communication Nos. 75-2012 and 76-2012.
Moved by Councillor
Carolina Moretti
Seconded by Councillor
Logan Kanapathi
That Council
receive and consent to the disposition of communications in the following
manner:
Referred to all Members of
Council
72-2012 ROAD CLOSURE
REQUEST – OLDE TYME CHRISTMAS CANDLELIGHT PARADE (3.5)
Info
The following roads will be closed on December 7, 2012 from 5:30 pm to
10:30 pm to facilitate the event:
- Main Street Unionville
north of Euclid to south of Library Lane.
- Main Street Unionville
& Concession Rd to south of Carlton Rd.
- Carlton Road west of
Concession Rd to south of Pomander Rd.
- Fred Varley east of
E.J. Lennox Way to Main Street Unionville.
CARRIED
73-2012 LIQUOR LICENCE
APPLICATION FOR WHOLE FOODS MARKET, 3997 HIGHWAY NO. 7 (WARD 3) (3.21)
Info
- Forwarding
a request for the City of Markham to complete the Municipal Information Form.
(New
premises and new application of a new liquor licence for indoor and outdoor areas).
CARRIED
74-2012 LIQUOR LICENCE
APPLICATION FOR MIHYANG KOREAN RESTAURANT, 3229 HIGHWAY 7 EAST, UNIT 3 (WARD 3)
(3.21)
Info
-
Forwarding a request for the City of Markham to complete the Municipal
Information Form.
(Change of
ownership and application of a liquor licence for indoor areas not previously
licenced).
CARRIED
75-2012 ROAD CLOSURE
REQUEST – FESTIVAL OF LIGHTS (3.5)
Info
The
following roads will be closed on November 24, 2012 from 11:00 am to 10:00 pm
to facilitate the event:
-
Main Street Markham North from Hwy 7 to Bullock Dr/ Parkway Ave & Robinson Street from Water
Street to Washington Street
- Access
east from Main Street Markham is closed to
a) Centre Street
b) Robinson Street
- Access
west to Main Street Markham is closed to –
a) Dublin street
b) Robinson street west to Water Street
c) Wilson street
CARRIED
Received
76-2012 COMMUNICATION
DATED NOVEMBER 13, 2012 FROM JEFFREY E. STREISFIELD, LAND LAW, LEGAL COUNSEL TO
THE OWNER OF 3940 HIGHWAY 7 (10.3, 10.5, 10.7)
Communication
- Providing comments with respect to his client's planning
applications.
CARRIED
10. PROCLAMATIONS
(1) NEW
PROCLAMATION REQUEST (3.4)
Info
Moved by
Councillor Alex Chiu
Seconded by Councillor
Alan Ho
That the following new request for proclamation
be approved and added to the Five-Year Proclamations List approved by Council:
- World AIDS Day (December 1, 2012)
CARRIED
11. NEW/OTHER BUSINESSES
(1) NOTICE
OF PROPOSED SALE OF SURPLUS CITY LANDS (8.0)
Notices of Proposed Sale
City of Markham
Proposed Sale of Surplus Real Property
(Pursuant to By-law 178-96)
Moved by Deputy
Mayor Jack Heath
Seconded by Regional
Councillor Gord Landon
1) That the Notice
of Proposed Sale for the City owned lands legally described as follows be
confirmed:
"Remnant
parcels of land comprising approximately 0.35 acres located north of the north-west
corner of Midland Avenue, as extended, and Steeles Avenue East, being Part of
Lot 1 Concession 6, designated as Parts 13, 14, 15, 18, 19, 21, 22 and 23, 65R-
to be registered, City of Markham, Regional Municipality of York."
(In-Camera
Item No. 3 – October 30, 2012)
CARRIED
12. BY-LAWS
Council
consented to add By-law Nos. 2012-236 and 2012-237.
Moved by
Councillor Alex Chiu
Seconded by Councillor
Valerie Burke
That By-laws 2012-231 to 2012-234, 2012-236
and 2012-237 be given three readings and enacted.
Three Readings
BY-LAW 2012-231 A BY-LAW TO AUTHORIZE TEMPORARY BORROWING FOR THE YEAR 2013
By-law
(Item No. 3, Report No. 52)
CARRIED
BY-LAW 2012-232 A BY-LAW TO AUTHORIZE AN INTERIM TAX LEVY FOR THE YEAR 2013
By-law
(Item No. 4, Report No. 52)
CARRIED
BY-LAW 2012-233 A BY-LAW TO REGULATE AND/OR PROHIBIT THE DISCHARGE OF FIREARMS
AND BOWS IN THE CITY OF MARKHAM
By-law
(Repeals By-law 323-86)
(Item No. 7, Report No. 52)
CARRIED
BY-LAW 2012-234 A BY-LAW TO RECOVER COSTS ASSOCIATED WITH THE ABATEMENT AND
REMEDIATION OF CLANDESTINE DRUG OPERATIONS AND OTHER UNSAFE BUILDINGS
By-law
(Item No. 8, Report No. 52)
CARRIED
BY-LAW 2012-236 A BY-LAW A ADOPT OFFICIAL PLAN AMENDMENT NO. 204, MILLIKEN DEVELOPMENT CORPORATION AND
MON SHEONG FOUNDATION, 31, 67 & 73 OLD KENNEDY ROAD AND 4550 & 4576
STEELES AVENUE
By-law
- To permit four seniors’ buildings at the subject
properties.
CARRIED
BY-LAW 2012-237 A BY-LAW TO AMEND BY-LAW 177-96, AS AMENDED BY BY-LAW 2011-87, MILLIKEN DEVELOPMENT CORPORATION AND
MON SHEONG FOUNDATION, 31, 67 & 73 OLD KENNEDY ROAD AND 4550 & 4576
STEELES AVENUE
By-law
- To permit four seniors’ buildings at the subject
properties.
CARRIED
13. IN-CAMERA ITEMS
Council
consented to add In-camera Item No. 8 regarding a litigation and potential
litigation matter and Item No. 9 regarding a proposed or pending acquisition or
disposition of land matter.
Moved by Councillor
Howard Shore
Seconded by Regional
Councillor Joe Li
That, in
accordance with Section 239 (2) of the Municipal Act,
Council resolve into an in-camera session to discuss the following matters (9:09 p.m.):
(1) A MATTER IN RESPECT OF WHICH A COUNCIL,
BOARD, COMMITTEE
OR OTHER BODY MAY HOLD A
CLOSED MEETING UNDER ANOTHER ACT
(MINUTES OF IN-CAMERA COUNCIL
MEETING - OCTOBER 30, 2012)
[Section 239 (2) (g)]
GENERAL
COMMITTEE – November 5, 2012
(2) A MATTER IN RESPECT OF WHICH A COUNCIL,
BOARD, COMMITTEE
OR OTHER BODY MAY HOLD A
CLOSED MEETING UNDER ANOTHER ACT
(MINUTES OF IN-CAMERA GENERAL
COMMITTEE MEETING
- OCTOBER 22, 2012)
[Section 239 (2) (g)]
(3) A MATTER IN RESPECT OF WHICH A COUNCIL,
BOARD, COMMITTEE
OR OTHER BODY MAY HOLD A
CLOSED MEETING UNDER ANOTHER ACT
(MINUTES OF 2013 IN-CAMERA
BUDGET SUBCOMMITTEE MEETING
- OCTOBER 12, 2012)
[Section 239 (2) (g)]
(4) PERSONAL MATTERS ABOUT AN IDENTIFIABLE
INDIVIDUAL,
INCLUDING MUNICIPAL OR LOCAL
BOARD EMPLOYEES (16.24)
(APPOINTMENTS/RESIGNATIONS)
[Section 239 (2) (b)]
(5) THE SECURITY OF THE PROPERTY OF THE
MUNICIPALITY OR LOCAL BOARD (8.7)
[Section 239 (2) (a)]
(6) A MATTER IN RESPECT OF WHICH A COUNCIL,
BOARD, COMMITTEE
OR OTHER BODY MAY HOLD A
CLOSED MEETING UNDER ANOTHER ACT
(MINUTES OF 2013 RESTRICTED
BUDGET SUBCOMMITTEE MEETINGS
- OCTOBER 5 AND 19, 2012)
[Section 239 (2) (g)]
DEVELOPMENT
SERVICES COMMITTEE- November 6, 2012
(7) LITIGATION OR POTENTIAL LITIGATION,
INCLUDING MATTERS
BEFORE ADMINISTRATIVE
TRIBUNALS, AFFECTING THE
MUNICIPALITY OR LOCAL BOARD
(10.3, 10.5, 10.7)
[Section 239 (2) (e)]
COUNCIL – November 13, 2012
(8) LITIGATION OR POTENTIAL LITIGATION,
INCLUDING MATTERS
BEFORE ADMINISTRATIVE
TRIBUNALS, AFFECTING THE
MUNICIPALITY OR LOCAL BOARD
(10.3)
[Section 239 (2) (e)]
(9) A PROPOSED OR PENDING ACQUISITION OR
DISPOSITION OF LAND
BY THE MUNICIPALITY OR LOCAL BOARD
[Section 239 (2) (c)]
Moved by Regional
Councillor Gord Landon
Seconded by Councillor
Colin Campbell
That Council
rise from the in-camera session and report. (11:07 p.m.)
CARRIED
The items were
reported out as follows:
(1) MINUTES OF IN-CAMERA COUNCIL MEETING
- OCTOBER 30, 2012 (16.0)
Moved by
Councillor Alex Chiu
Seconded by Councillor
Valerie Burke
That the minutes of
the in-camera Council meeting held on October 30, 2012, be confirmed.
CARRIED
(2) GENERAL COMMITTEE IN-CAMERA MINUTES
OCTOBER 22, 2012 (16.0)
Moved by Councillor
Logan Kanapathi
Seconded by Councillor
Howard Shore
That the General
Committee In-camera Minutes dated October 22, 2012, be confirmed.
CARRIED
(3) 2013 BUDGET SUB-
COMMITTEE IN-CAMERA MINUTES
- OCTOBER 12, 2012 (16.0)
Moved by Regional
Councillor Gord Landon
Seconded by Councillor
Logan Kanapathi
That the In- Camera Minutes of the
October 12, 2012, 2013 Budget Sub-Committee be received for information
purposes.
CARRIED
(4) APPOINTMENTS/RESIGNATIONS (16.24)
Moved by Councillor
Carolina Moretti
Seconded by
Councillor Alex Chiu
1) That the appointments to
the Unionville Stiver Mill Preservation Advisory Committee be received,
for information purposes:
Name
|
Representation
|
Term
|
Ann
Laxton
|
President of the Unionville Historical
Society
|
November 30, 2014
|
Jeff
Morris
|
President of the Unionville Ratepayers
Association
|
November 30, 2014
|
Peter Wales
|
President of the
Unionville Villagers Association
|
November 30, 2014
|
Rob Kadlovski
|
President of the Unionville Business Improvement Area
|
November 30, 2014
|
Jeanne Ker-Hornell
|
President of the
Unionville Villagers Conservancy
|
November 30, 2014
|
; and,
2) That the resignation of
Jordan Dewitt from the Leash Free Markham Committee be received with
regret for information purposes and that a letter of appreciation be forwarded
by Mayor Frank Scarpitti.
CARRIED
(5) PROPOSED LEASE RENEWAL (8.7)
Moved by Councillor
Howard Shore
Seconded by Councillor
Valerie Burke
1) That the confidential
report dated October 10, 2012 from the Chief Administrative Officer and City
Solicitor regarding a proposed lease renewal be received; and,
2) That
staff be authorized to proceed as directed by Council on November 13, 2012.
CARRIED
(6) 2013 BUDGET SUB-COMMITTEE RESTRICTED MINUTES
- OCTOBER 5, 2012
- OCTOBER 19, 2012 (SESSIONS 1
AND 2) (16.0)
Moved by Regional
Councillor Gord Landon
Seconded by Councillor
Logan Kanapathi
That the restricted minutes
of 2013 Budget Sub-Committee dated October 5, 2012 and October 19, 2012
(Sessions 1 and 2) be received for information purposes.
CARRIED
(7) LITIGATION
OR POTENTIAL LITIGATION, INCLUDING MATTERS
BEFORE ADMINISTRATIVE
TRIBUNALS, AFFECTING THE
MUNICIPALITY OR LOCAL BOARD
(10.3, 10.5, 10.7)
Moved by Councillor
Don Hamilton
Seconded by Regional
Councillor Jim Jones
1) That the confidential report
dated November 6, 2012 from the City Solicitor and Commissioner of Development Services
regarding a litigation or potential litigation matter, be received; and,
2) That staff be authorized to proceed as directed by Council on
November 13, 2012.
CARRIED
(8) LITIGATION
OR POTENTIAL LITIGATION MATTER (10.3)
Moved by Regional
Councillor Gord Landon
Seconded by Regional
Councillor Jim Jones
1) That the confidential
staff report dated November 12, 2012 from the City Solicitor and Commissioner
of Development Services regarding a litigation or potential litigation matter
be received; and,
2) That
staff be authorized to proceed as directed by Council on November 13, 2012.
CARRIED
(9) A
PROPOSED OR PENDING ACQUISITION OR DISPOSITION OF LAND
BY THE MUNICIPALITY OR LOCAL BOARD (8.7)
Council
consented to not report out on this matter.
14. CONFIRMATORY BY-LAW
Moved by
Councillor Alex Chiu
Seconded by Councillor
Valerie Burke
That By-law 2012-235
be given three readings and enacted.
Three Readings
BY-LAW 2012-235 A BY-LAW TO CONFIRM THE PROCEEDINGS OF THE COUNCIL MEETING OF NOVEMBER
13, 2012.
By-law
CARRIED
15. ADJOURNMENT
Moved by Councillor Alex Chiu
Seconded by Regional
Councillor Joe Li
That the Council meeting be adjourned at 11:09 p.m.
CARRIED
_______________________________ _______________________________
MARTHA PETTIT FRANK
SCARPITTI
ACTING CITY CLERK MAYOR
(Signed)