Council
Minutes
September
26, 2017, 7:00 PM
Council
Chamber, Anthony Roman Markham Civic Centre
Meeting No. 12
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 (arrived at 7:22 pm), Regional Councillor Nirmala Armstrong,
Councillor Valerie Burke, Councillor Alan Ho, Councillor Don Hamilton,
Councillor Karen Rea, Councillor Colin Campbell, Councillor Amanda Collucci
(arrived at 7:20 pm), Councillor Logan Kanapathi, Councillor Alex Chiu.
Staff
Andy Taylor, Chief
Administrative Officer
Catherine Conrad, City
Solicitor and Acting Director of Human Resources
Jim Baird, Commissioner of Development Services
Trinela Cane, Commissioner
of Corporate Services
Brenda Librecz, Commissioner
of Community and Fire Services
Joel Lustig, Treasurer
Brian Lee, Director of
Engineering
Kimberley Kitteringham, City
Clerk
Martha Pettit, Deputy City
Clerk
John Wong, Technology
Support Specialist
Shane Manson, Senior Manager, Revenue &
Property Tax
The meeting of
Council convened at 7:07 PM on September 26, 2017 in the Council Chamber.
Mayor Frank
Scarpitti presided.
1. DISCLOSURE OF PECUNIARY INTEREST
(1) None
declared.
2. APPROVAL OF PREVIOUS MINUTES
(1) COUNCIL MINUTES – JUNE 27 AND AUGUST 10,
2017
June
27 August
10
Moved by Councillor
Alex Chiu
Seconded by Councillor
Valerie Burke
1) That the Minutes of the
Council Meetings held on June 27 and August 10, 2017, be adopted.
Carried
3. PRESENTATIONS
There were no
presentations.
4. DEPUTATIONS
(1) DEPUTATION
- WHISTLE CESSATION ON STOUFFVILLE GO LINE (5.12)
Moved by Councillor
Logan Kanapathi
Seconded by Councillor
Amanda Collucci
That
the deputation of Shanta Sundarason, Founder, The Giving Tree Unionville, requesting
an update on the Whistle Cessation on Stouffville GO line matter be received.
(See Item No 4, Report No.
36 for Council's decision on this matter)
Carried
(2) DEPUTATION
- RECOMMENDATION FROM
LICENSING COMMITTEE HEARING
(72 MARION CRESCENT) (2.0)
Salvatore
Cozzoli, on behalf of the owners of 70 Marion Crescent, was not present during
the Council meeting.
(See New/Other
Business Item No. 2 for Council's decision on this matter)
(3) DEPUTATION - CANCELLATION,
REDUCTION OR REFUND
OF TAXES UNDER SECTIONS 357 AND 358
OF THE MUNICIPAL ACT, 2001 (7.3)
Mr. Stephen Longo, Partner, WalkerWestLong, addressed Council in
support of the request to refund property taxes for the Sports Dome located on
the Father Michael McGivney Catholic Academy property.
(See New/Other
Business Item No. 4 for Council's decision on this matter)
5. COMMUNICATIONS
Moved by Councillor
Valerie Burke
Seconded by Councillor
Alex Chiu
That Council
receive and consent to the disposition of communications in the following manner:
Received
29-2017 LIQUOR LICENCE
APPLICATION FOR COFFEE BOX, 7191 YONGE STREET, SUITE 101 (WARD 1) (3.21)
Info
Forwarding a request for the City of Markham to complete the Municipal
Information Form.
(New restaurant and application of a new liquor licence for indoor
areas).
Carried
6. PROCLAMATIONS
(1) PROCLAMATION
AND FLAG RAISING REQUESTS (3.4)
Moved by Councillor
Alex Chiu
Seconded by Regional
Councillor Joe Li
1) That the following proclamations, issued by the City Clerk
in accordance with the City of Markham Proclamation Policy, be received for
information purposes:
- India Independence Day (August 20, 2017)
- Prostate Cancer Awareness Month (September
2017)
- Blue Shirt Day (October 20, 2017)
- English as a Second Language Week (October 29
to November 4, 2017)
- LIVERight Gala Day (November 3, 2017); and,
2) That
the following request for flag to be raised at the Anthony Roman Markham Civic
Centre flagpole, approved by the City Clerk in accordance with the City of
Markham Community Flag Raisings & Flag Protocol Policy, be received for
information purposes:
- Flag for India Independence Day (August 20, 2017)
(Organized by Vedic Cultural Centre)
- Flag for Blue Shirt Day (October 20, 2017)
(Organized by Anti Bullying Support Group); and,
3) That the following new request for
proclamation be approved and added to the Five-Year Proclamations List approved
by Council:
- National Day of Remembrance
and Action on Violence against Women (December 6, 2017); and further,
4) That
the following new request for flag to be raised at the Anthony Roman Markham
Civic Centre flagpole be approved and added to the Five-Year List of Request to Raise Flag approved by Council:
- Flag for National Day of
Remembrance and Action on Violence against Women (December 6, 2017)
(Organized by Violence
against Women Awareness Committee)
Carried
7(A) REPORT NO. 36 - DEVELOPMENT SERVICES
COMMITTEE
(September 11, 2017)
Moved by Regional
Councillor Jim Jones
Seconded by Councillor
Don Hamilton
That Report
No. 36 - Development Services Committee comprised of 5 items be received and
adopted, except Item Nos 1 and 5. (See
following Item Nos. 1 and 5)
(1) CHURCH
STREET & ELM STREET
PROPOSED ALL-WAY STOP CONTROL
(WARD 4) (5.12)
Report
Moved by
Councillor Regional Councillor Jim Jones
Seconded by Councillor
Don Hamilton
1) That the report entitled “Church Street & Elm Street
Proposed All-way Stop Control (Ward 4)”, 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 Church Street & Elm Street; 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 # 083-5350-17162-005; and,
5) 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,
6) That staff be authorized and directed to do all things
necessary to give effect to this resolution.
Postponed
(See following to postpone)
Moved by Councillor Colin Campbell
Seconded by Councillor Karen Rea
That the
recommendation from the September 11, 2017 Development Services Committee entitled “Church Street & Elm Street
Proposed All-way Stop Control (Ward 4)” be referred back to staff
to investigate options available to control pedestrians crossing and report
back to a Development Services Committee meeting in October/November 2017.
Carried
(2) DEMOLITION PERMIT APPLICATION
SINGLE DETACHED DWELLING
C.1948,
15 PAVILION STREET
UNIONVILLE HERITAGE
CONSERVATION DISTRICT
FILE NO. 17 170321 DP (16.11)
Report
1)
That the
deputation by Hendrik Spaans, owner, regarding the Demolition Permit Application for 15 Pavilion
Street, be received; and,
2) That the report titled “Demolition Permit Application,
Single Detached Dwelling c.1948, 15 Pavilion
Street, Unionville Heritage Conservation District, File No. 17 170321 DP, dated
September 25, 2017, be received; and,
3) That
as recommended by Heritage Markham, on the basis of the property’s Group B
classification as a building that is important in terms of contextual value,
the demolition permit application be refused; and,
4) That
the applicant be advised that renovations and additions can be applied for as
an alternative means of development rather than demolition; and further,
5) That
staff be authorized and directed to do all things necessary to give effect to
this resolution.
Carried
(3) CONTROLLING
GROUND FLOOR OFFICE USES
IN MARKHAM VILLAGE – COMMERCIAL CORE AREA (10.5, 16.11)
Council
Extracts - Mar 21 and Apr 11 Report
1) That the staff report entitled “Controlling Ground Floor
Office Uses in Markham Village – Commercial Core Area”, dated February 27,
2017, be received; and,
2) That Council endorse the following Option (3):
That staff and consultants be directed to examine the issue of ground
floor office space in the traditional commercial core area of Markham Village
as part of the new Markham Village Heritage Centre Secondary Plan and any
zoning changes be considered as part of the Comprehensive Zoning By-law
Project; and,
3) That staff provide an update by the summer of 2018; and
further,
4) That Staff be authorized to implement the direction to be
provided by Council regarding the options outlined in this report.
Carried
(4) WHISTLE
CESSATION ON STOUFFVILLE GO LINE
– SEPTEMBER 2017 PROGRESS
UPDATE (WARDS 3, 4, 5 & 8) (5.12)
Report
1) That
the report entitled “Whistle Cessation on Stouffville GO Line – September 2017
Progress Update (Wards 3, 4, 5 & 8)” be received; and,
2) That
Council authorize the Director of Engineering and Senior Manager of Procurement
to issue the tender for construction of Packages #2 and #3, for the crossings
utilizing a select group of Metrolinx approved contractors; and,
3) That
Council authorize staff to negotiate with Metrolinx and York Region regarding
using Metrolinx’s contractor (Dufferin Construction Company) to construct the
Kennedy Road (South) crossing safety upgrades at the Region’s cost; and,
4) That
upon successful negotiations with Metrolinx and York Region for the Kennedy
Road (South) crossing safety upgrades, the Director of Engineering and Senior
Manager of Procurement be authorized to award the contract for the Kennedy Road
(South) crossing safety upgrades to Metrolinx or its contractor (Dufferin
Construction Company); and,
5) That
the tender process be waived for Kennedy Road (South) crossing safety upgrades
in accordance with purchasing By-Law 2017-8, Part II, Section 11 Non
Competitive Procurement, item 1 (c) which states, in “when the extension of an
existing contract would prove more cost-effective or beneficial”; and,
6) That
Metrolinx be requested to expedite the review and approval of the whistle
cessation safety enhancement detailed design and assist the City to proceed to
construction as soon as possible; and,
7) That
the Ministry of Transportation, Metrolinx and York Region be informed of
Council’s decision; and,
8) That
a completion date for work under the responsibility of the City of Markham be
targeted for on or before August 6, 2018; and further,
9) That
Staff be authorized and directed to do all things necessary to give effect to
this resolution.
Carried
(5) 29TH WORLD HAKKA CONFERENCE
HONG KONG, OCTOBER 12-15, 2017
(10.16)
Report
Moved by
Regional Councillor Jim Jones
Seconded by
Councillor Don Hamilton
1) That
the report titled “29th World Hakka Conference, Hong Kong, October
12-15, 2017” be received; and,
2) That
the City support the “Hakka Canadian Association” in the bidding for hosting
rights for the 31st World Hakka Conference in Markham in October,
2021; and,
3) That
Council approve the attendance of Deputy Mayor Jack Heath, Regional Councillor
Joe Li and Senior Staff Sandra Tam to the 29th
World Hakka Conference, Hong Kong, October 12-15, 2017 with the costs being
paid by the City in bidding for the 31st
World Hakka Conference to be hosted in Markham in October, 2021; and further,
4) That
Staff be authorized and directed to do all things necessary to give effect to
this resolution.
Carried as amended
(See following to amend)
Moved by Councillor Amanda Collucci
Seconded by Regional Councillor Nirmala
Armstrong
That the following proposed Recommendation No. 3 from the September 11,
2017 Development Services Committee meeting be deleted in its entirety:
"3) That
Council approve the Hakka Canadian Association's invitation to Mayor Frank
Scarpitti, Regional Councillor Joe Li and Senior staff Sandra Tam to attend the
29th World Hakka Conference, Hong Kong,
October 12-15, 2017 at no cost to the City to assist the
Association in bidding for the 31st World
Hakka Conference to be hosted in Markham in October, 2021;"
and replaced with the following revised
Recommendation No. 3:
"3) That Council approve
the attendance of Deputy Mayor Jack Heath, Regional Councillor Joe Li and
Senior Staff Sandra Tam to the 29th World
Hakka Conference, Hong Kong, October 12-15, 2017 with the costs being paid by
the City in bidding for the 31st
World Hakka Conference to be hosted in Markham in October, 2021;"
Carried
7(B) REPORT NO. 37 - GENERAL COMMITTEE (September
18, 2017)
Moved by Deputy
Mayor Jack Heath
Seconded by Councillor
Colin Campbell
That Report
No. 37 - General Committee comprised of 5 items be received and adopted.
(1) DEVELOPMENT CHARGES
BACKGROUND STUDY UPDATE (7.0)
Presentation
1) That
Council endorse the following policies to be utilized in the preparation of the
Development Charges Background Study:
1. That staff be
directed to institute a policy for office space as follows:
- 100% City Wide Soft
Development Charges to be charged for the first 100,000 sq. ft. of gross floor
area, with a reduced charge of 25% City Wide Soft Development Charges on gross
floor area exceeding the threshold.
2. That staff be
directed to remove “The rate that is in effect at the time of payment” from the
Development Charges Deferral Policy as a repayment assessment option.
3. a) That staff update the Development
Charges Deferral Policy to provide a development charge deferral for
purpose-built high density rental buildings with the following terms:
- Rate and quantum
determined at building permit issuance.
- Duration of 36
months with no interest applied, if paid within 15 days of the deferral
expiration.
- Security in the
form of a charge against land.
- Registration on
title restricting change of use for 20 years.
b) Staff continue to review other options
to make both rental and affordable housing more feasible in Markham.
Carried
(2) APPOINTMENT
OF MEMBERS TO THE
MARKHAM MAYOR’S YOUTH COUNCIL
FOR
THE PERIOD OF SEPTEMBER 5,
2017 TO
JUNE 29, 2018 (16.24)
Report
1) That
the Report Appointment of Members to the Markham Mayor’s Youth Council for the
period of September 5, 2017 to June 29, 2018 be received; and,
2) That
the following Appointments of Members to the Markham Mayor’s Youth Council be
confirmed for the term September 5, 2017 to June 29, 2018:
|
Name
|
High
School
|
Grade
|
Ward
|
|
Laura
Florea
|
Thornhill Secondary School
|
10
|
1
|
|
Julia Groza
|
TMS School
|
11
|
1
|
|
Michelle
Lam
|
Bayview Secondary School
|
11
|
2
|
|
Ivan
Qian
|
Bayview Secondary School
|
11
|
2
|
|
Ashlee Jiang
|
PACE
|
12
|
2
|
|
Julia Ip
|
Markham District High
School
|
12
|
3
|
|
Megan Niu
|
Markham District High
School
|
12
|
3
|
|
Adara
Hagman
|
St. Brother Andre Catholic
High School
|
9
|
4
|
|
Maxine Bisera
|
St. Brother Andre Catholic
High School
|
9
|
4
|
|
Peter Huang
|
Pierre Elliott Trudeau
High School
|
12
|
4
|
|
Olivia Chan
|
Greensborough Public
School
|
8
|
4
|
|
Jake Koszczewski
|
Markham District High
School
|
11
|
4
|
|
Hayley Banks
|
Markham District High
School
|
12
|
4
|
|
Grace Huang
|
Bayview Secondary School
|
11
|
5
|
|
Vivian Liu
|
Thornhill High School
|
11
|
5
|
|
Benny Lam
|
Bur Oak Secondary School
|
12
|
5
|
|
Kelly
Hu
|
Bayview Secondary School
|
10
|
6
|
|
Renee
Lee Wah
|
St Augustine Catholic High
School
|
11
|
6
|
|
Felix Chan
|
Pierre Elliott Trudeau
High School
|
12
|
6
|
|
Karthik Ganapathiraju
|
Pierre Elliot Trudeau High
School
|
11
|
6
|
|
Janice Xu
|
Bayview Secondary School
|
11
|
6
|
|
Jessica Li
|
Bayview Secondary School
|
12
|
6
|
|
Jennifer Chen
|
Markham District High
School
|
12
|
7
|
|
Lindsay Lee
|
Markham District High
School
|
12
|
7
|
|
Ashley Vadivelu
|
Markville Secondary School
|
10
|
8
|
; and,
3) That
Staff be authorized and directed to do all things necessary to give effect to
this resolution.
Carried
(3) FLOOD
CONTROL AND WATERMAIN
PROJECTS – CLEAN WATER AND
WASTEWATER FUND (CWWF) (5.4)
Report
1) That
the Report entitled “Flood Control and Watermain Projects – Clean Water and
Wastewater Fund (CWWF)” be received; and,
2) That
the funding sources for Capital Project #17201 - West Thornhill Flood Control
Implementation - Phase 2B with a budget of $10,117,600 be revised as follows
based on a 50% - 25% - 25% shared funding structure with the Government of
Canada, Province of Ontario and City of Markham respectively:
|
CWWF:
Government of Canada (50%) (A)
|
|
$5,058,800
|
|
CWWF:
Province of Ontario (25%) (B)
|
|
$2,529,400
|
|
CWWF
Total (C ) = (A) + (B)
|
|
$7,588,200
|
|
City’s
Portion (25%):
|
|
|
|
Funding from
Project # 17201
|
|
|
|
Gas Tax (D)
|
$2,000,000
|
|
|
Stormwater
Fee Reserve (E)
|
$529,400
|
|
|
Total City’s
Portion (F) = (D) + (E)
|
|
$2,529,400
|
|
Total
Funding (G) = (C ) + (F)
|
|
$10,117,600
|
; and,
3) That
the previously approved funds from Capital Project #17201 West Thornhill Flood
Control Implementation Program – Phase 2B Construction in the amount of
$7,588,200 of which $6,550,200 from the Stormwater Fee Reserve and $1,038,000
from the Lifecycle Replacement and Capital Reserve Fund be returned to the
original funding sources; and,
4) That
the City of Markham approve the undertaking of a new infrastructure project
“Cast Iron Watermain Replacement/ Rehabilitation Program” for a total cost of $4,119,900.00, based on a 50% - 25% -
25% shared funding structure with the Government of Canada, Province of Ontario
and City of Markham respectively, to be funded from the following sources:
|
CWWF:
Government of Canada (50%) (A)
|
|
$2,059,950
|
|
CWWF:
Province of Ontario (25%) (B)
|
|
$1,029,975
|
|
CWWF
Total (C) = (A) + (B)
|
|
$3,089,925
|
|
City’s
Portion (25%):
|
|
|
|
Waterworks
Reserve (D)
|
|
$1,029,975
|
|
Total
Funding (E) = (C) + (D)
|
|
$4,119,900
|
; and,
5) That
a new capital project in the amount of $4,119,900 be established to undertake
the work for the Cast Iron Watermain Replacement/ Rehabilitation Program; and,
6) That
the Mayor and Clerk be authorized to execute the Clean Water and Wastewater
Fund (Ontario) Transfer Payment Agreement (TPA) (and any related documents), in
a form and content satisfactory to the City Solicitor and the Commissioner of
Community & Fire Services, and that the Commissioner of Community &
Fire Services (or designate) be authorized to act as an authorized signing
officer for the City under the TPA (including for the purpose of submitting
required TPA reports and confirmations); and,
7) That
the Chief Administrative Officer (CAO) be delegated authority to award (and
execute) the construction contract for the Cast Iron Watermain Replacement/
Rehabilitation work to the successful bidder, provided that the contract award
amount is within budget or can be made to come within budget through selected
scope changes and/or corresponding price adjustments and/or budget allocation
changes; and further,
8) That
Staff be authorized and directed to do all things necessary to give effect to
this resolution.
Carried
(4) CONTRACT
EXTENSION FOR GENERAL INSURANCE
AND RISK MANAGEMENT PROGRAM
(7.0)
Report
Carried
(5) JUNE
– JULY 2017 STORM EVENTS REVIEW
AND FOLLOW-UP ACTIVITIES (5.3)
Report Presentation
1) That
the report and presentation entitled “June-July 2017 Storm Events Review and
Follow-up Activities” be received; and,
Carried
7(C) REPORT NO. 38 - DEVELOPMENT SERVICES PUBLIC
MEETING
(September 19, 2017)
Moved by Regional
Councillor Jim Jones
Seconded by Councillor
Don Hamilton
Report
1) That the written submission from Flora
Ip, regarding the application by World Tech Construction Inc.
for 221 Helen Avenue, be received; and,
2) That the report dated September 11,
2017 titled “PRELIMINARY REPORT, Application by World Tech Construction Inc.
for a Zoning By-law Amendment to facilitate a severance to create one
additional single detached residential lot at 221 Helen Avenue (File No. ZA 17
140058)”, be received; and,
3) That the Record of the Public Meeting
held on September 19, 2017, with respect to the proposed Zoning By-law
Amendment by World Tech Construction Inc. to facilitate a severance to create
one additional single detached residential lot at 221 Helen Avenue (File No. ZA
17 140058), be received; and,
4) That the application by World Tech
Construction Inc. for a Zoning By-law Amendment to facilitate a severance to
create one additional single detached residential lot at 221 Helen Avenue (File
No. ZA 17 140058), be approved; and,
5) That the proposed amendment to Zoning
By-laws 304-87 and 177-96, 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
8. MOTIONS
There were no
motions.
9. NOTICE OF MOTION TO RECONSIDER
There were no
notice of motion to reconsider.
10. NEW/OTHER BUSINESS
(1) DECLARATION
OF SURPLUS PROPERTY
PART 7, PLAN 65M-2761
(14 HERITAGE CORNERS LANE, MARKHAM HERITAGE
ESTATES)
(RELOCATION OF THE
REVEREND JENKINS HOUSE) (7.0 AND 16.11)
Map
Notices of Proposed Sale
City of Markham
Proposed Sale of Surplus Real Property
(Pursuant to By-law 178-96)
Moved by Councillor
Valerie Burke
Seconded by Regional
Councillor Jim Jones
1) That the
notice of proposed sale for the City owned lands legally described as Part 7, Plan 65M-2761, City of Markham, Regional
Municipality of York (14 Heritage Corners Lane, Markham Heritage Estates) be
confirmed.
(In-Camera Item No. 3 – June 27, 2017 Council
Meeting)
Carried
(2) RECOMMENDATION
FROM THE JUNE 28, 2017
LICENSING COMMITTEE HEARING
(72 MARION CRESCENT) (2.0)
Moved by Deputy
Mayor Jack Heath
Seconded by Councillor
Logan Kanapathi
1) That the following
recommendation of the Licensing Committee from the Hearing held on June 28,
2017, be approved and adopted:
a) That
the application to remove a blue spruce tree at 72 Marion Crescent, Markham,
be denied; and,
b) That it is recommended that the applicant have the tree
pruned correctly by an ISA Certified Arborist, to sufficiently address the
neighbours’ concerns; and further,
c) That City staff be requested to offer to inspect the
functioning of the neighbours’ gutter guard at 70 Marion Crescent.
Carried
(3) THE CADILLAC FAIRVIEW
CORPORATION LTD.
APPLICATION FOR ZONING BY-LAW AMENDMENT TO PERMIT A MOTOR VEHICLE SALES
ESTABLISHMENT, ACCESSORY MOTOR VEHICLE SERVICE STATION AND ACCESSORY MOTOR
VEHICLE REPAIR GARAGE, AND INCORPORATE PREVIOUSLY APPROVED MINOR VARIANCES AT
MARKVILLE MALL SHOPPING CENTRE
5000 HIGHWAY 7 (WARD 3) ZA 17 156158 (10.5)
Memo
Moved by Councillor
Don Hamilton
Seconded by Regional
Councillor Jim Jones
1) That the memorandum dated September 26,
2017 titled “The Cadillac Fairview Corporation Ltd., Application for Zoning
By-law Amendment to permit a motor vehicle sales establishment accessory motor
vehicle service station and accessory motor vehicle repair garage, and incorporate
previously approved minor variances at Markville Mall Shopping Centre, 5000
Highway 7 (Ward 3), File No. ZA 17 156158”, be received; and,
2) That the attached Zoning By-law
Amendment be enacted; and further,
3) That in accordance with the provisions
of subsection 45(1.4) of the Planning Act, R.S.O. 1990, c.P.13, as amended, the
owner shall, through this resolution, be permitted to apply to the to the
Committee of Adjustment for a variance from the provisions of the Zoning By-law
within two years of its approval by Council.
(By-law 2017-87)
(4) CANCELLATION, REDUCTION
OR REFUND
OF TAXES UNDER SECTIONS 357 AND 358
OF THE MUNICIPAL ACT, 2001 (7.3)
Report Memo
Moved by
Deputy Mayor Jack Heath
Seconded by
Regional Councillor Jim Jones
1) That the Report for the Cancellation, Reduction or Refund of
Taxes under Sections 357 and 358 of the Municipal
Act, 2001 be received; and,
2) That the memorandum dated September 26,
2017 providing background information on the tax appeal application for the Father Michael McGivney Catholic Academy property be received; and,
3) That taxes totalling approximately $71,979.01 be adjusted
under Section 357 and 358 of the Municipal
Act, 2001 of which the City’s portion is estimated to be $11,180.27;
and,
4) That the associated interest be cancelled in proportion to
the tax adjustments; and,
5) That the Treasurer be directed to adjust the Collector’s
Roll accordingly; and further,
6) That Staff be authorized and directed to do all things
necessary to give effect to this resolution.
Carried
Joel Lustig, Treasurer, provided a summary of the subject
matter. Catherine Conrad, City Solicitor
and Acting Director of Human Resources, provided legal advice.
The following motion was introduced,
moved by Councillor Don Hamilton and seconded by
Regional Councillor Jim Jones:
That
the City of Markham reimburse First Services Tennis Management Inc. in the
amount of $105,312.67 related to the Sports Dome located on the Father Michael
McGivney Catholic Academy property for the Municipal, Regional and Provincial
property taxes collected for the period of October 3, 2015 to December 31,
2015, January 1, 2016 to December 31, 2016 and January 1, 2017 to March 27,
2017.
Discussion on the matter ensued.
Moved by Deputy Mayor Jack Heath
Seconded by Councillor Amanda Collucci
That Council call the question on the matter.
Carried by a 2/3 vote of Members of Council
present
The Chair ruled the motion
introduced by Councillor Don Hamilton and seconded by Regional Councillor Jim
Jones to be out of order as the City has no authority to grant the relief
requested.
There was a motion introduced by Councillor Don Hamilton and seconded by Councillor Colin Campbell to challenge
the ruling of the Chair.
The ruling of the Chair was upheld and carried by a majority Members of
Council present.
The motion put forward in the agenda was then considered and carried.
(5) ELECTION
OF YORK REGION CHAIR (13.4)
This matter was discussed at the September 25, 2017 Development
Services Committee meeting.
Mayor Frank Scarpitti, Chair, ruled the matter to be out of order for
discussion at Council as it had not yet been considered at a Standing
Committee. Staff were directed to place
this matter on the October 2, 2017 General Committee meeting agenda.
11. ANNOUNCEMENTS
(1) FRANCO-ONTARIAN
DAY (12.2.6)
Deputy Mayor
Jack Heath advised that he provided a speech on behalf of Mayor and Members of
Council at the Franco-Ontarian Day flag raising event held on September 25,
2017 at the Markham Civic Centre.
12. BY-LAWS
Moved by Councillor
Alex Chiu
Seconded by Councillor
Valerie Burke
That By-laws 2017-83
and 2017-85 to 2017-87 be given three readings and enacted; and,
That By-law
2017-84 be postponed.
Carried
Three Readings
BY-LAW 2017-83 ROAD DEDICATION BY-LAW (CHIMENTI
COURT)
A
by-law to dedicate certain lands as part of the highways of the City of Markham
(Part of Block 9, Plan 65M-3810, designated as Part 1, Plan 65R-37250)
By-law
Carried
BY-LAW 2017-84 A BY-LAW TO AMEND TRAFFIC BY-LAW 106-71 (CHURCH STREET AND ELM
STREET ALL-WAY STOP CONTROL)
(Item No 1, Report No. 36)
Postponed
BY-LAW 2017-85 A BY-LAW TO AMEND SIGN BY-LAW 2002-94 (ADD REBUTTABLE
PRESUMPTION CLAUSE)
By-law
Carried
BY-LAW 2017-86 A BY-LAW TO DESIGNATE A PROPERTY AS BEING OF CULTURAL HERITAGE
VALUE OR INTEREST - ALEXANDER MCPHERSON HOUSE, 31 VICTORY AVENUE
By-law
Carried
BY-LAW 2017-87 CADILLAC FAIRVIEW CORPORATION LTD., (MARKVILLE MALL SHOPPING
CENTRE), 5000 HIGHWAY 7, ZONING BY-LAW AMENDMENT
A by-law to amend By-law 184-78, as amended, to add one (1) motor
vehicle sales establishment and one (1) motor vehicle repair garage and one (1)
motor vehicle service station, accessory to the motor vehicle sale
establishment.
(New/Other Business Item No. 3)
By-law
Carried
13. CONFIDENTIAL ITEMS
Council
consented to not resolve into private session to discuss the following confidential
matters:
(1) MINUTES
OF CONFIDENTIAL COUNCIL MEETING
- JUNE 27 AND AUGUST 10, 2017 (16.0)
[Section 239 (2) (a) (b) (c) (d) (e) (f)]
Council
(2) PERSONAL
MATTERS ABOUT AN IDENTIFIABLE INDIVIDUAL, INCLUDING MUNICIPAL OR LOCAL BOARD
EMPLOYEES (APPOINTMENT TO BOARD/COMMITTEE) (16.24)
[Section 239
(2) (b)]
General Committee – September 18, 2017
(3) A
PROPOSED OR PENDING ACQUISITION OR DISPOSITION OF LAND BY THE MUNICIPALITY OR
LOCAL BOARD (WARD 2)
[Section 239 (2) (c)]
The confidential
items were approved by Council as follows:
(1) MINUTES
OF CONFIDENTIAL COUNCIL MEETING
- JUNE 27 AND AUGUST 10, 2017 (16.0)
Moved by Councillor
Alex Chiu
Seconded by Councillor
Alan Ho
1) That the Council
Confidential Minutes dated June 27 and August 10, 2017 be confirmed.
Carried
(2) APPOINTMENTS
TO BOARDS/COMMITTEES (16.24)
Moved by Councillor
Don Hamilton
Seconded by Councillor
Amanda Collucci
1) That the following persons be
re-appointed to the Heritage Markham Committee:
Name Term
Graham
Dewar November
30, 2020
Anthony
Farr November
30, 2020
Carried
(3) A PROPOSED OR PENDING
ACQUISITION OR DISPOSITION OF LAND BY THE MUNICIPALITY OR LOCAL BOARD (WARD 2)
(8.6)
Moved by Councillor
Alan Ho
Seconded by Councillor
Alex Chiu
1) That
the confidential presentation regarding a proposed or pending acquisition or
disposition of land by the municipality or local board in Ward 2 be received;
and,
2) That staff be
authorized to proceed as directed by Council on September 26, 2017.
Carried
14. CONFIRMATORY BY-LAW
Moved by Councillor
Alex Chiu
Seconded by Councillor
Valerie Burke
That By-law 2017-88
be given three readings and enacted.
Three Readings
BY-LAW 2017-88 A BY-LAW TO CONFIRM THE PROCEEDINGS OF THE COUNCIL MEETING OF SEPTEMBER
26, 2017.
By-law
Carried
15. ADJOURNMENT
Moved by Councillor
Alex Chiu
Seconded by Councillor
Valerie Burke
That the Council Meeting be adjourned at 10:05 PM.
Carried
__________________________________ ________________________________
Kimberley
Kitteringham Frank
Scarpitti
City
Clerk Mayor
(Signed)