Council
Minutes
December
13, 2016, 7:00 PM
Council
Chamber, Anthony Roman Markham Civic Centre
Meeting No. 19
Alternate
formats for this document are available upon request
Roll
Call
Mayor Frank
Scarpitti, Regional Councillor Joe Li, Regional Councillor Nirmala Armstrong,
Councillor Valerie Burke, Councillor Alan Ho, Councillor Don Hamilton,
Councillor Karen Rea, Councillor Colin Campbell, Councillor Amanda Collucci,
Councillor Logan Kanapathi, Councillor Alex Chiu.
Regrets
Deputy Mayor
Jack Heath, Regional Councillor Jim Jones.
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
Raj Raman,
Mayor's Chief of Staff
Kimberley Kitteringham, City Clerk
Martha Pettit, Deputy City Clerk
John Wong, Technology
Support Specialist
Andrea Tang,
Senior Manager of Financial Planning
The meeting of
Council convened at 7:13 PM on December 13, 2016 in the Council Chamber.
Mayor Frank
Scarpitti presided.
1. DISCLOSURE OF PECUNIARY INTEREST
(1) None
declared.
2. MINUTES
(1) COUNCIL MINUTES - NOVEMBER 29, 2016
Minutes
Moved by Councillor
Alex Chiu
Seconded by Councillor
Alan Ho
1) That the Minutes of the
Council Meeting held on November 29, 2016, be adopted.
Carried
3. PRESENTATIONS
(1) WILLIAM
BERCZY (12.2.6)
Mayor Frank
Scarpitti advised the City of Markham will unveil the statue of William
Berczy as part of the Canada 150 celebrations in 2017, and mentioned some of
the many accomplishments of Mr. Berczy.
He noted that William Berczy's birthday was December 10th and
he would have been 272 years old.
(2) TWINNING
WITH NORDLINGEN, GERMANY (10.16)
Councillor
Valerie Burke displayed a photograph provided by Aksel Rinck, Head of Museum, Nordlingen, Germany. The photo depicts the cabinet Mr. Rinck donated to the City of Nordlingen to store all the documents relating to the
twinning of City of Markham with Nordlingen, Germany.
(3) JACK
PALEY, WWII VETERAN
- RECIPIENT OF THE FRENCH
LÉGION D'HONNEUR MEDAL (12.2.6)
Council formally
recognized Jack Paley, WWII Veteran, recipient of the French Légion d'Honneur
Medal.
Mayor
Frank Scarpitti introduced Marc Trouyet, Consul General of France in Toronto, who
was in attendance. Mr. Trouyet provided
a brief history of the French Légion d'Honneur Medal and the importance of Jack
Paley's contributions to ensure the freedom of France.
Mr. Trouyet
presented Jack Paley with the medal while Council looked on. Mr. Paley provided a brief comment remarking
how lucky he felt to have survived WWII and to be a member of the Markham
community today.
4. DELEGATIONS
(1) DELEGATIONS
- REQUEST FOR DEMOLITION
– SINGLE DETACHED DWELLING
27 CHURCH STREET, MARKHAM
VILLAGE FELICITÉ DIBI (10.13)
Moved by Councillor
Alan Ho
Seconded by Councillor
Colin Campbell
That the
following delegations with respect to the demolition of 27 Church Street be
received:
- Felicite Dibi, applicant, spoke in
support of the proposed recommendation.
- Mario Almeida, applicant's
contractor, spoke in support of the recommendation.
(See
Item No. 3, Report No. 49 for Council's decision on this matter)
Carried
(2) DELEGATIONS
- 2017 BUDGET (7.4 & 7.5)
Moved by Councillor
Alan Ho
Seconded by Councillor
Colin Campbell
That the following delegations with respect to the 2017 Budget be
received:
- Shelly
Srivastav, enquired about the budget process.
- Peter
Miasek, spoke in support of the proposed 2017 Budget.
(See
Item No. 1, Report No. 47 for Council's decision on this matter)
Carried
5. PETITIONS
There were no
petitions.
6(A) REPORT NO. 47 - GENERAL COMMITTEE (November
28, 2016)
Moved by Councillor
Logan Kanapathi
Seconded by Councillor
Amanda Collucci
That Report
No. 47 - General Committee comprised of 2 items be received and adopted.
(1) 2017
BUDGET (7.4 & 7.5)
Presentation Report Appendices
Councillor Logan Kanapathi,
Chair of Budget Committee, provided comments about the success of the 2017
Budget Committee meetings. He thanked
members of the Budget Committee and staff for their support and hard work.
Mayor Frank Scarpitti, on behalf
of Council, thanked members of the Budget Committee and staff for their
efforts.
Moved by
Councillor Logan Kanapathi
Seconded by
Councillor Amanda Collucci
1) That
the report dated November 28, 2016 entitled, “2017 Budget” and presentation be
received; and,
2) That
Council approve a 3.46% property tax rate increase to the City’s tax levy, which
includes an infrastructure investment of 0.5%; and,
3) That
Council approve the 2017 Primary Operating Budget for City services of
$201,774,678 and Library of $13,614,879 to a total of $215,389,557 (excluding
the 2016 surplus/deficit) which includes a 3.46% property tax rate increase, of
which the principal components are detailed in
Appendices 1 and 2; and,
4) That
the gross operating expenditures of $215,389,557, (excluding the 2016
surplus/deficit), be funded from the following sources:
2017 Budget $
Taxation Levies 149,878,594
Payments-in-lieu of Taxes 1,209,007
Grant & Subsidy Revenues 1,640,829
General Revenues (Investment Income, Fines, Permits, Penalty & Interest) 30,790,807
User Fees & Service Charges, Rentals and Sales 26,617,761
Other Income/Recoveries
5,252,559
Total Revenues 215,389,557
; and,
5) That
Council approve the remaining 2017 Capital Budget of $69,457,500 for a total of
$81,474,100 of which the projects are detailed in Appendix 3; and,
6) That
the incremental transfer from the Operating Budget to the Life-cycle
Replacement and Capital Reserve (“the Reserve”) be increased by 2% annually for
inflation; and,
7) That
the $510,000 currently in the operating budget (which was previously
transferred to the Library reserve for years 2003-2012) be redirected to the
Reserve since the Library transfer is no longer required; and
8) a)
That the Ramp-up reserve fund the
remaining Emerald Ash Borer costs of
$7,046,000; and,
b) That the 2013 Council approved infrastructure
surcharge of $590,000 for the Emerald Ash Borer program be redirected to the
Reserve; and,
9) a)
That the Ramp-up reserve fund the
remaining ice storm costs of $605,000; and,
b) That Council approved infrastructure surcharge
for ice storm costs totalling $625,000 be redirected to the Reserve; and,
10) That
Council approve the 2017 Planning & Design Operating Budget totalling
$9,150,651, (excluding the 2016 surplus/deficit), the principal components of
which are detailed in Appendix 4; and,
11) That
Council approve the 2017 Engineering Operating Budget totalling $7,355,144,
(excluding the 2016 surplus/deficit), the principal components of which are
detailed in Appendix 5; and,
12) That
Council approve the 2017 Building Standards Operating Budget totalling
$8,801,488, (excluding the 2016 surplus/deficit), the principal components of
which are detailed in Appendix 6; and,
13) And
That Council approve the 2017 Waterworks Operating Budget totalling
$121,173,184 (excluding the 2016 adjustment), the principal components of which
are detailed in Appendix 7; and,
14) That
upon finalization of the 2016 audited financial statements, the 2017 Operating,
Planning & Design, Engineering, Building Standards, and Waterworks
Operating Budgets be adjusted to reflect the 2016 operating results; and,
15) That
a copy of the Budgets be made available to the public through the Clerk’s
Department, the City website and each of the Markham Public Libraries; and,
16) That
the “Additional Financial Disclosure Requirements Pursuant to Ontario
Regulation 284/09” be received for information purposes; and,
17) That
this report be brought forward to Council on Tuesday, December 13, 2016; and
further,
18) That
Staff be authorized and directed to do all things necessary to give effect to
this resolution.
Carried by a recorded vote (9:2)
(See following recorded vote)
YEAS: Councillor
Valerie Burke, Councillor Alan Ho, Councillor Karen Rea, Regional Councillor
Nirmala Armstrong, Mayor Frank Scarpitti, Regional Councillor Joe Li,
Councillor Amanda Collucci, Councillor Logan Kanapathi, Councillor Alex Chiu.
(9)
NAYS: Councillor
Don Hamilton, Councillor Colin Campbell. (2)
ABSENT: Regional
Councillor Jim Jones, Deputy Mayor Jack Heath. (2)
Report
Moved by
Councillor Logan Kanapathi
Seconded by
Councillor Amanda Collucci
1) That the report entitled “2017
Water/Wastewater Rate Increase” be received; and
2) That
the 2017 City of Markham’s (“City”) water/wastewater rate increase be
equivalent to the Region of York’s (“Region”) monetary increase of $0.2135 per
cubic metre (m3) based on Region’s approved increase of 9%; and
3) That
in addition to the Region’s increase, the 2017 water/wastewater rate increase
includes a surcharge of $0.0669/m3; and
4) That
effective April 1, 2017, the water/wastewater
rate will be $3.8555/m3,
an increase of $0.2804/m3, equivalent to a 7.8% increase compared to
prior year; and further,
5) That Staff be authorized and directed
to do all things necessary to give effect to this resolution.
(By-law 2016-40)
Carried by a recorded vote (7:4)
(See following recorded vote)
YEAS: Councillor
Valerie Burke, Councillor Alan Ho, Mayor Frank Scarpitti, Regional Councillor
Joe Li, Councillor Amanda Collucci, Councillor Logan Kanapathi, Councillor Alex
Chiu. (7)
NAYS: Councillor
Don Hamilton, Councillor Karen Rea, Regional Councillor Nirmala Armstrong, Councillor
Colin Campbell. (4)
ABSENT: Regional
Councillor Jim Jones, Deputy Mayor Jack Heath. (2)
6(B) REPORT NO. 48 - GENERAL COMMITTEE (November
14, 2016)
(1) 2017
INTERIM SPENDING AUTHORITY PENDING
APPROVAL OF BUDGET (7.9)
Report
Note: As the 2017 Budget was
approved by Council on December 13, 2016, Council consented to not adopt this
recommendation from the November 14, 2016 General Committee meeting as it is no
longer required.
1)
That the report titled “2017 Interim Spending Authority Pending
Approval of Budget”, be received; and,
2)
That Council approve 50% of the City’s 2016 Operating,
Waterworks, Planning & Design, Building Standards and Engineering budgets
equal to $172,817,913 as a pre-budget
approval for 2017 operating expenditures; and,
3) That Staff be
authorized and directed to do all things necessary to give effect to this
resolution.
6(C) REPORT NO. 49 - DEVELOPMENT SERVICES
COMMITTEE
(December 5, 2016)
Moved by Councillor
Don Hamilton
Seconded by Regional
Councillor Nirmala Armstrong
That Report
No. 49 - Development Services Committee comprised of 7 items be received and
adopted, except Item Nos. 1 and 3. (See following Item Nos. 1 and 3)
(1) COMMENTS ON THE PROVINCE’S
2016 REVIEW OF THE ONTARIO
MUNICIPAL BOARD
PR 16 – 138801
(10.0)
Report
Moved by
Councillor Don Hamilton
Seconded by
Regional Councillor Nirmala Armstrong
1) That the Staff report
entitled “Comments on The Province’s Review of the Ontario Municipal Board”,
dated December 5th, 2016, be received; and,
2) That Council endorse
the Staff recommendations in this report and submit it to the Province as the
City of Markham’s comments on the Province’s review of the Ontario Municipal
Board (“OMB”) with the following additional clauses:
- "That
consistent with the Markham Council resolution dated October 17, 2016, the
Province be requested to develop an open and transparent process to review
potential minor boundary changes associated with the Greenbelt Plan, with the
definition of precise limits of the Greenbelt boundary to be established
through the approval process for municipal Secondary Plans, and including
potential rights of appeal to the Ontario Municipal Board."
- "That no appeal to a
municipality’s refusal to amend a new secondary plan be permitted for five
years, to recognize the community effort and involvement in developing these
plans."; and,
3) That Staff report back
to Development Services Committee, on any changes made by the Province to the
OMB and/or the planning appeal regime, to provide an overview of the
changes and to outline potential
operational impacts to the Legal Services and Planning and Urban Design
Departments, including possible changes to work flow, processes, and resource allocation;
and,
4) That the Clerk be
directed to forward a copy of this report to the Minister of Municipal Affairs,
the Attorney
General of Ontario, Markham Riding MPP’s and the Region of York; and further,
5) That
Staff be authorized and directed to do all things necessary to give effect to
this resolution.
Carried
"- That no appeal to a municipality’s
refusal to amend a new secondary plan be permitted for five years, to recognize
the community effort and involvement in developing these plans."; and,
(2) RECOMMENDATION
REPORT
WISMER MARKHAM (COMMERCIAL)
DEVELOPMENTS INC.
C/O ASPEN RIDGE HOMES
APPLICATION FOR SITE PLAN
APPROVAL
FOR A CONDOMINIUM TOWNHOUSE
AND
MID-RISE RESIDENTIAL
DEVELOPMENT (PHASE 1)
AT 1735 BUR OAK AVENUE
(SOUTH-WEST CORNER OF BUR OAK
AVENUE AND MARKHAM ROAD)
FILE NO: SC 13 125328 (10.6)
Report
1) That
the report titled “Recommendation Report, Wismer Markham (Commercial)
Developments Inc. c/o Aspen Ridge Homes, Application for Site Plan Approval for
a condominium townhouse and mid-rise residential development (Phase 1) at 1735
Bur Oak Avenue (south-west corner of Bur Oak Avenue and Markham Road), File No:
SC 13 125328,” be received; and,
2) That
the Site Plan application (SC 13 125328) submitted by Wismer Markham
(Commercial) Developments Inc. c/o Aspen Ridge Homes, to facilitate a
condominium townhouse and mid-rise development (Phase 1) be endorsed in
principle, subject to the conditions in Appendix ‘A’; and,
3) That
this endorsement shall lapse and site plan approval will not be issued, after a
period of three (3) years commencing on December 5th, 2016 in the event the
site plan agreement is not executed within that time period; and,
4) That
Council assign servicing allocation for 32 townhouse units and 81 midrise units
(Phase 1) to the proposed development and advise York Region; and,
5) That
the City reserves the right to revoke or reallocate servicing allocation should
this development not proceed in a timely manner; and further,
6) That
Staff be authorized to do all things necessary to give effect to this resolution.
Carried
(3) REQUEST
FOR DEMOLITION
– SINGLE DETACHED DWELLING
27 CHURCH STREET, MARKHAM
VILLAGE
FELICITÉ DIBI (10.13)
Report Correspondence
1) That
the correspondence dated December 13, 2016 from Evelin
Ellison, Ward I (South) Thornhill Residents, provided to Council on December
13, 2016, be received; and,
2) That the deputation by Felicité
Dibi, applicant, regarding the request for demolition for 27 Church Street,
Markham Village, provided to the Development Services Committee on December 5,
2016 be received; and,
3) That
the staff report entitled “Request for Demolition-Single Detached Dwelling, 27
Church Street, Markham Village, Felicité Dibi” dated December 5, 2016 be
received; and,
4) Whereas
the applicant has agreed to waive the demolition permit deadline, that the
proposed demolition of the existing single detached dwelling at 27 Church
Street located within the Markham Village Heritage Conservation District be
deferred to allow the applicant to obtain a professional certification regarding
mold and building integrity, and to continue working with heritage staff for
appropriate development; and,
5) That
the applicant be requested to forward a copy of the
original home inspection report, if available, to the Clerk for distribution to
Members of Council; and,
6) That
staff report back to Development Services Committee on this matter; and
further,
7) That
Staff be authorized and directed to do all things necessary to give effect to
this resolution.
Carried
(See following call the question)
(See following to consider the matter)
Council consented to:
Receive the
correspondence
dated December 13, 2016 from Evelin Ellison, Ward I
(South) Thornhill Residents, on the demolition of 27 Church Street. (See Resolution No. 1)
- Request the applicant
forward a copy of the original home inspection report, if available, to the
Clerk for distribution to Members of Council. (See Resolution No. 5)
Call
the question:
Moved by Regional Councillor Nirmala
Armstrong
Seconded by Councillor Amanda Collucci
That Council call the question
on the matter of the demolition of 27 Church
Street.
Carried by a 2/3 vote of Members of Council present
Motion to consider
the matter:
Moved by Councillor Karen Rea
Seconded by Councillor
Don Hamilton
That Council consider
the matter on the demolition of 27 Church Street
immediately following the delegations with respect thereto.
Carried
(4) AWARD
OF PROPOSAL 231-R-16
CONSULTING SERVICES FOR
DEVELOPMENT
OF A NEW COMPREHENSIVE ZONING
BY-LAW: PHASE 3B
OF NEW COMPREHENSIVE ZONING
BY-LAW PROJECT (10.5, 7.12)
Report
1) That the report entitled “Award of Proposal 231-R-16:
Consulting Services for Development of New Comprehensive Zoning By-Law: Phase
3B of New Comprehensive Zoning By-law Project” be received; and,
2) That
the Contract for Proposal 231-R-16:
Consulting Services for Development of New Comprehensive Zoning By-law (Phase
3B), be awarded to
Meridian Planning Consultants, the highest ranked, lowest priced bidder in the
amount of $525,425.55 inclusive of HST; and,
3) That
a contingency in the amount of $52,542.56
(10%), inclusive of HST impact to
cover any additional project costs be approved, and that authorization be
granted to approve expenditures of this contingency amount up to the specified
limit in accordance with the Expenditure Control Policy; and,
4) That
the award and contingency amounts be funded from the Planning & Urban
Design account for Markham’s New Comprehensive Zoning By-law – Project #16001
in the amount of $577,968.11 ($525,425.55 + 52,542.56), inclusive of HST
impact; and,
5) That
the remaining budget in Project #15016, “Consolidated Zoning By-law Program -
Phase 2 of 4” in the amount of $340,486 be returned to the original funding
source; and,
6) That
the remaining budget in Project #16001 ‘Consolidated Zoning By-law Program -
Phase 3 of 4” in the amount of $42,880.89 be returned to the original funding
source; and,
7) That
funding be reduced by $430,000 from the 2017 capital budget request, from
$668,000 to $238,000 from Project #17029 “Consolidated Zoning By-law Program -
Year 4 of 4” subject to Council approval of the 2017 capital budget; and
further,
8) That
Staff be authorized and directed to do all things necessary to give effect to
this resolution.
Carried
(5) REMINGTON
GROUP INC.
(MARKET VILLAGE
MARKHAM)
4390 STEELES AVENUE EAST
APPLICATION FOR SITE PLAN
APPROVAL
FOR A COMMERCIAL DEVELOPMENT
FILE NO: SC 07 128831 (10.6)
Memo
1) That
the staff memorandum dated December 5, 2016, titled “Remington Group Inc.
(Market Village Markham); 4390 Steeles Avenue East, Application for site plan
approval for a commercial development; File No: SC 07 128831,” be received;
and,
2) That the presentation by representatives of the Remington
Group, be received; and,
3) That Development Services Committee affirm its endorsement,
in principle, of the subject application, subject to the conditions endorsed by
Committee on January 25, 2016 (Appendix ‘A’); and,
4) That Whereas the City’s new
2014 Official Plan designates as Mixed Use Midrise the three properties
comprised of Market Village, Pacific Mall and Kennedy Corners, and further
identifies them as being included within the Milliken Centre Secondary Plan
Area; and,
Whereas
the Official Plan also identifies this area as a potential Secondary Hub, to
reflect its relationship to potential higher order transit facilities;
Therefore,
in this context, Council supports, in principle, the potential mixed-use
intensification of these properties consistent with in this policy framework
and subject to the appropriate Secondary Plan review, development applications,
necessary technical studies and reports, and required infrastructure
improvements; and further,
5) That
staff be authorized and directed to do all things necessary to give effect to
this resolution.
Carried
(6) STEERING COMMITTEE
(STEELES AVENUE CORRIDOR
- MUTUAL BOUNDARY BETWEEN THE
CITY OF TORONTO AND THE CITY
OF MARKHAM) (16.24)
1) That
a Steering Committee, Co-chaired by a Member of Markham City Council and a
Member of Toronto City Council and including other Members of Council and
representatives from other levels of government and public agencies as
appropriate, be formed to address transportation, transit, planning and
economic development opportunities and issues of mutual interest along the
Steeles Avenue Corridor which forms the mutual boundary between the City of
Toronto and the City of Markham.
Carried
(7) GREATER
TORONTO & HAMILTON AREA (GTHA)
MAYORS AND CHAIRS REPORT ON
THE
GOVERNMENT OF ONTARIO'S
CO-ORDINATED LAND USE PLANNING
REVIEW (10.0)
Communications
1) That
the communication from Hazel McCallion, Ex-officio Advisor to the Premier on
issues within the Greater Toronto and Hamilton Area, forwarding the report on
the Governments of Ontario's Co-ordinated Land Use Planning Review including
the Proposed Growth Plan for the Greater Golden Horseshoe and the Proposed
Greenbelt Plan, be received and endorsed; and,
2) That
the Mayor’s office, on behalf of the Council of the City of Markham, write a
letter of endorsement to the Premier and the Minister of Municipal Affairs,
copied to the local MPPs and Hazel McCallion.
Carried
6(D) REPORT NO. 50 - DEVELOPMENT SERVICES PUBLIC
MEETING
(December 6, 2016)
Moved by Councillor
Don Hamilton
Seconded by Councillor
Alex Chiu
(1) DEVELOPMENT
FEE AND
BUILDING FEE BY-LAWS UPDATE
(2017) (10.0)
Report Attachment
A Attachment
B Attachment
B - Revised Table 1
Update
Memo
1) That
the Record of the Public Meeting held on December 6, 2016, with respect to the
proposed amendments to the Development and Building Fee By-laws be received;
and,
2) That
the memorandum dated December 13, 2016 entitled "Development Fee and
Building Fee By-laws Update (2017)" be received; and,
3) That
the Minor Variance fees in the Development Fee By-law be changed as shown in
Table 1 of this memorandum; and,
4) That
the amendment to the “Tariff of Fees for Processing Planning Applications,”
By-law 211-83, substantially in the form attached as Attachment "A",
be enacted; and,
5) That
By-law 2015-166 be repealed and the attached “By-law respecting Construction,
Demolition and Change of Use Permits and Inspections,” attached as Attachment “B”,
be enacted; and,
6) That
the By-laws come into force and take effect on January 1, 2017; and,
7) That
staff, prior to full implementation of e-plan by Building Standards, be
authorized to increase all fees in the By-law respecting Construction,
Demolition and Change of Use Permits and Inspections by up to 2% for
administrative costs and to increase the credit card limit for building
applications to $60,000; and,
8) That
Staff be authorized to update the Payment Acceptance Policy accordingly; and
further,
9) That
Staff be authorized and directed to do all thing necessary to give effect to
this resolution.
Carried
6(E) REPORT NO. 51 - GENERAL COMMITTEE (December
12, 2016)
Moved by Councillor
Alan Ho
Seconded by Councillor
Colin Campbell
That Report
No. 51 - General Committee comprised of 8 items be received and adopted, except
Item Nos. 1 and 8. (See following Item
Nos. 1 and 8)
Presentation
Council
discussed the intent of the acquisition of 55 Parkway Avenue and the proposed
uses for this property.
Moved by Councillor
Karen Rea
Seconded by
Regional Councillor Nirmala Armstrong
1)
That the
presentation entitled “Proposed Acquisition of 55 Parkway Avenue”, be received;
and,
2) That
Council approve the execution of an Agreement of Purchase and Sale by the Chief
Administrative Officer, being an agreement between the City and York Catholic
District School Board dated October 27, 2016 (the “Agreement of Purchase and
Sale”) for the acquisition of Part of Lots 12 and 13, Concession 8 (Markham),
designated as Part 2 on Plan R-2894, being a 6 acre parcel of land on Parkway
Avenue; and,
3) That
the Chief Administrative Officer be delegated the authority to waive the
Council approval condition and the due diligence condition in the Agreement of
Purchase and Sale and complete the transaction pursuant to the terms and
conditions outlined in this presentation, provided that the results of the due
diligence are satisfactory to the Chief Administrative Officer, in his sole and
absolute discretion, with the required documents being in a form satisfactory
to the City Solicitor, failing which the transaction shall be terminated; and,
4) That
subject to the completion of the acquisition of the property, staff be
authorized to demolish the existing buildings on the property; and,
5) That
the intent of this acquisition is not to create a 6 acre park; and,
6) That,
subject to completion of the acquisition of the property, the City consider
retaining a portion of land for park purposes and/or sportsfield(s), together
with a small parking lot, if appropriate, declare the balance of the lands
surplus and offer the surplus land for sale, either to York Region, Markhaven
Home for Seniors or like organizations
that provide a form of housing or care for seniors, or the open market;
and,
7) That any portion of land that is retained by the City for
parkland, be appropriately funded from cash-in lieu payments from higher
density redevelopment in the Highway 48 corridor and the east end of Markham;
and,
8) That any sale of land that is declared surplus be completed
on the basis of a minimum of cost recovery of the City’s costs of acquisition
for the lands sold; and,
9) That
funds for the acquisition in the amount of $21,000,000, including due diligence
work, purchase price, land transfer tax, demolition costs and contingency be
made available from the Land Acquisition Reserve Account; and,
10) That
the proceeds of any sale of surplus land, plus the allocation of cash-in-lieu
to any part of the lands retained for park or sportsfield purposes, shall not
be less than the cost to acquire the entire parcel; and further,
11) That
staff be authorized and directed to do all things necessary to give effect to
this resolution.
Carried by a recorded vote (9:2)
(See following recorded vote)
(See following call the question)
Recorded vote (9:2):
YEAS: Councillor
Valerie Burke, Councillor Karen Rea, Regional Councillor Nirmala Armstrong,
Mayor Frank Scarpitti, Regional Councillor Joe Li, Councillor Colin Campbell,
Councillor Amanda Collucci, Councillor Logan Kanapathi, Councillor Alex Chiu.
(9)
NAYS: Councillor
Alan Ho, Councillor Don Hamilton. (2)
ABSENT: Regional
Councillor Jim Jones, Deputy Mayor Jack Heath. (2)
Call the question:
Moved by Regional Councillor Nirmala Armstrong
Seconded by Councillor Don Hamilton
That Council call the question
on the matter of the proposed acquisition of 55
Parkway Avenue.
Carried by a 2/3 vote of Members of Council present
Council consented to not adopt the following
recommendation from the December 12, 2016 General Committee meeting:
"1) That the presentation entitled “Proposed Acquisition of 55
Parkway Avenue”, be received; and,
2) That Council approve the execution of
an Agreement of Purchase and Sale by the Chief Administrative Officer, being an
agreement between the City and York Catholic District School Board dated
October 27th, 2016 (the “Agreement of Purchase and Sale”) for the
acquisition of Part of Lots 12 and 13, Concession 8 (Markham), designated as
Part 2 on Plan R-2894, being a 6 acre parcel of land on Parkway Avenue; and,
3) That the Chief Administrative Officer
be delegated the authority to waive the Council approval condition and the due
diligence condition in the Agreement of Purchase and Sale and complete the
transaction pursuant to the terms and conditions outlined in this presentation,
provided that the results of the due diligence are satisfactory to the Chief
Administrative Officer, in his sole and absolute discretion, with the required
documents being in a form satisfactory to the City Solicitor, failing which the
transaction shall be terminated; and,
4) That subject to the completion of the
acquisition of the property, staff be authorized to demolish the existing
buildings on the property; and,
5) That subject to completion of the
acquisition of the property, the City consider retaining a portion of land for
park purposes and/or sportsfield(s), together with a small parking lot, if
appropriate, declare the balance of the lands surplus and offer the surplus
land for sale, either to York Region, Markhaven Home for Seniors or like
organizations that provide a form of housing or care for seniors, or the open
market; and,
6) That any portion of land that is
retained by the City for parkland, be appropriately funded from cash-in lieu
payments from higher density redevelopment in the Highway 48 corridor; and,
7) That any sale of land that is declared
surplus be completed on the basis of a minimum of cost recovery of the City’s
costs of acquisition for the lands sold; and,
8) That funds for the acquisition in the
amount of $21,000,000, including due diligence work, purchase price, land
transfer tax, demolition costs and contingency be made available from the Land
Acquisition Reserve Account; and further,
9) That staff be authorized and directed
to do all things necessary to give effect to this resolution."
Report
1) That
the report entitled "City-Wide Stream Erosion Master Study Update
Implementation Plan" be received; and,
2) That
Council endorse new Categories D and E into the Guidelines to restore the
erosion sites within private properties as set out in the report; and,
3) That
the recommended 5-year implementation plan with the approach for securing of
easements, entering into cost sharing agreements, conducting inspection and
maintenance of erosion restoration work within private property and cost
sharing policy as set out in this report be endorsed; and,
4) That
Council authorize the Mayor and Clerk to execute cost-sharing agreements with
private property owners or agencies having jurisdiction, in a form satisfactory
to the City Solicitor and the Commissioner of Community and Fire Services, and
in accordance with the process and criteria established in this report; and,
5) That
Staff advise TRCA of erosion sites that fall outside of the City's
implementation plan that may be considered as part of TRCA's Erosion Management
Program; and further,
6) That
Staff be authorized and directed to do all things necessary to give effect to
this resolution.
Carried
Report
1) That
the report titled "Transfer of Unclaimed Refundable Security
Deposits" be received; and,
2) That
the Treasurer be authorized to transfer unclaimed security deposits, up to the
amount of $1,739,367.81, representing deposits placed prior to December 31,
2007, to the Corporate Rate Stabilization Reserve; and,
3) That
the cost of $6,003.84 (exclusive of HST) incurred in placing the Public Notice,
be offset against the security deposits to be placed in the City's reserve;
and,
4) That
the Treasurer be authorized to release any of these security deposits from the
Corporate Rate Stabilization Reserve in the event of a future, eligible, refund
claim; and further,
5) That
Staff be authorized and directed to do all things necessary to give effect to
this resolution.
Carried
Report
1) That
the report entitled "Project Management Coordination and Reporting"
be received; and,
2) That
the "Major Project Status Tracking" Dashboard report (Attachment
"A") be received; and,
3) That
Staff be authorized and directed to do all things necessary to give effect to
this resolution.
Carried
(5) STATUS
OF CAPITAL PROJECTS
AS OF SEPTEMBER 30, 2016 (7.0)
Report Attachments
1) That
the report dated November 29, 2016 entitled “Status of Capital Projects as of
September 30, 2016” be received; and,
2) That
the amount of $6,342,509 from the closure of capital projects be transferred to
the sources of funding as listed on Exhibit A; and,
3) That
the closure of projects as outlined in Exhibit B and C be
approved; and,
4) That
the Non-Development Charge Capital Contingency Project be topped up from the
Life-Cycle Replacement and Capital Reserve Fund by $444,075 to the approved
amount of $250,000; and,
5) That
the Engineering Capital Contingency Project be topped up, from the City-Wide
Hard Development Charges Reserve, by $45,299 to the approved amount of
$100,000; and,
6) That
the Design Capital Contingency Project be topped up, from the Development
Charges Reserve, by $44,644 to the approved amount of $100,000; and,
7) That
the Waterworks Capital Contingency Project be topped up, from the Waterworks
Stabilization/Capital Reserve, by $14,974 to the approved amount of $100,000;
and,
8) That
the funding for 11093 Warden Ave (Elson Miles Farm), in the amount of
$15,240,666, be changed from the Parks Cash in Lieu 5% Reserve Fund to the Land
Acquisition Reserve Fund; and,
9) That
the following in-year new capital projects, subsequent to the approval of the
2016 capital projects, be received:
|
Project Number
|
Name
|
Budget
|
Funding Source
|
|
16274
|
Markham Village Arena Brine Pump
Replacement
|
$14,895
|
Non-DC Capital Contingency
|
|
16278
|
Cornell Community Centre Pool Dectron
Air Handling
|
$18,200
|
Non-DC Capital Contingency
|
|
16281
|
Clatworthy Community Centre Support
Columns
|
$47,519
|
Non-DC Capital Contingency
|
|
16285
|
Fire Stations 92 and 95 Fire Alarm
Systems
|
$8,000
|
Non-DC Capital Contingency
|
|
16282
|
Replacement of Milliken Mills Soccer
Dome Subfloor
|
$160,000
|
Life-Cycle Replacement & Capital
Reserve Fund
|
; and further,
10) That
Staff be authorized and directed to do all things necessary to give effect to
this resolution.
Carried
Presentation
1) That Council endorse Markham’s plan to celebrate Canada’s 150th Anniversary
in 2017; and,
2) That Council establish a
Canada 150 Celebrate Committee with the following subcommittees and direct staff to create appropriate
terms of reference:
a)
Canada
150 International Partnership Subcommittee – the hosting of Markham’s
Partnership and Sister Cities with Nordlingen represented by Deputy Mayor Jack
Heath, Regional Councillor Nirmala Armstrong, Councillor Valerie Burke and
Councillor Karen Rea; Cary, North Carolina, represented by Regional Councillor
Nirmala Armstrong Councillor Alan Ho and Councillor Alex Chiu;and Friendship
City represented by Regional Councillor Joe Li and Regional Councillor Nirmala
Armstrong and Councillor Logan Kanapathi, and,
b)
Canada 150 Neighbourhood Engagement
Subcommittee - outreach and engage
all neighbourhoods; and
c)
Interdepartmental Committee of staff to support the implementation of
Markham’s Canada 150 Plan; and,
3) That
All Members of Council be appointed to the Canada 150 Neighbourhood Engagement
Subcommittee; and
4) That
staff be directed to report back in the first quarter of 2017 on the
composition of the Canada 150 Celebrate Committee and the Canada 150
International Partnership Subcommittee; and,
5) That Council appoint Mayor Frank Scarpitti as the contact
for Federation of Canadian Municipalities’ Canada 150 Community Leaders
Network, with estimated time commitment of less than 2 hours per month per
member.
Carried
Report
1) That the report "Naming of the New
Community Centre and Library in South East Markham" be received; and,
2) That Council approve "Aaniin
Community Centre and Library" as the name for the new centre in South East
Markham; and,
3) That Staff be authorized and directed
to do all things necessary to give effect to this resolution.
Carried
(8) PROCLAMATION
OF HINDU HERITAGE MONTH (3.4)
Moved by
Regional Councillor Nirmala Armstrong
Seconded by
Councillor Logan Kanapathi
1) That the proclamation of November 2017 as Hindu Heritage Month
in the City of Markham be approved and added to the Five-Year Proclamations List approved by
Council
Carried as amended
(See following to amend)
Moved by Regional Councillor Nirmala
Armstrong
Seconded by Regional Councillor Joe Li
That
the recommendation from the December 12, 2016 General Committee meeting with
respect to the establishment of a committee for the Hindu Heritage Month, with Regional
Councillor Nirmala Armstrong, Regional Councillor Joe Li and Councillor Logan
Kanapathi, be deleted.
Carried
(See following to reconsider the matter)
Moved by Regional Councillor Nirmala Armstrong
Seconded by Regional Councillor Joe Li
That the recommendation regarding Hindu
Heritage Month, adopted by Council earlier this date, be reconsidered to allow
for the discussion related to the establishment of a committee.
Carried by a 2/3 vote of Members of Council present
7. MOTIONS
There were no
motions.
8. NOTICES OF MOTIONS
(1) NANKING
MASSACRE (12.2.6)
Moved by
Councillor Alan Ho
Seconded by
Regional Councillor Joe Li
Whereas
December 13, 1937 was the start of the Nanking Massacre lasting a horrific 6
weeks; and,
Whereas
more than 200,000 people suffered death at the hands of the Japanese Imperial
Army, both soldiers and civilians; and,
Whereas
such an event is directly counter to the Canadian values of humanity and social
justice; and,
Whereas
Markham has the highest percentage of residents of Chinese origin in Canada;
and,
Whereas
this atrocity in the East has been largely unknown to many in Canada; and,
Whereas
December 13 should provide an opportunity for our Markham community to remember
and to reflect upon this dark chapter of history; and,
Whereas
a Commemorative Day would be a reminder of a historical atrocity in the hope of
preventing similar war crimes in the future; and,
Whereas
we will be following in the footsteps of both the Federal and Provincial
governments in recognizing this date;
Now
therefore be it resolved:
That
Markham City Council proclaim December 13th every year as Nanking
Massacre Commemorative Day in the City of Markham.
9. COMMUNICATIONS
There were no
communications.
10. PROCLAMATIONS
There were no
proclamations.
11. NEW/OTHER BUSINESS
(1) RECOMMENDATION
FROM THE NOVEMBER 22, 2016
LICENSING COMMITTEE HEARING (9
PENNY CRESCENT) (2.0)
Moved by Regional
Councillor Joe Li
Seconded by Councillor
Valerie Burke
1) That the following recommendation
of the Licensing Committee from the Hearing held on November 22, 2016 approved
and adopted:
Carried
Council
noted that Clause No. 2 of the recommendation regarding City Staff visiting the
site and offering advice on pruning will not be a standard for the City of
Markham going forward.
(2) BENGAL
GLOBAL BUSINESS SUMMIT IN KOLKATA, INDIA
- JANUARY 20 TO 21, 2017
(11.12)
Info
Moved by Regional
Councillor Nirmala Armstrong
Seconded by Councillor
Alan Ho
1) That
Council authorize Regional Councillor Joe Li to attend the Bengal
Global Business Summit being held in Kolkata, India from January 20 to 21, 2017; and,
2) That
the cost of travel and overnight accommodations at approximately $3,000 be
funded through the discretionary budget to be determined by the Treasurer.
Carried
12. BY-LAWS
Moved by Councillor
Logan Kanapathi
Seconded by Councillor
Amanda Collucci
That By-laws
2016-140 to 2016-149 and 2016-151 be given three readings and enacted.
Three Readings
BY-LAW 2016-140 2017 WATER/WASTEWATER RATES (EFFECTIVE APRIL 1, 2017).
A by-law to amend By-law 2002-276, being a
by-law to impose fees or charges for services or activities provided or done by
the City of Markham.
(Item No. 2, Report No. 47)
By-law
Carried
BY-LAW 2016-141 CORNELL ROUGE DEVELOPMENT CORPORATION, NORTH OF HIGHWAY 7 AND
WEST OF DONALD COUSENS PARKWAY, AMENDMENT TO THE IN FORCE OFFICIAL PLAN
(REVISED 1987), AS AMENDED
A by-law to adopt Official Plan Amendment No.
244 to the in force Official Plan (Revised 1987), as amended, to permit townhouse
dwellings and a neighbourhood park.
(Item No. 1, Report No. 39 - November 1, 2016
Council Meeting)
OPA
Carried
BY-LAW 2016-142 CORNELL ROUGE DEVELOPMENT CORPORATION, NORTH OF HIGHWAY 7 AND
WEST OF DONALD COUSENS PARKWAY, ZONING BY-LAW AMENDMENT
A by-law to amend By-law 304-87, as amended,
and By-law 177-96, as amended, to permit townhouse dwellings and a
neighbourhood park.
(Item No. 1, Report No. 39 - November 1, 2016
Council Meeting)
By-law
Carried
BY-LAW 2016-143 AURIGA DEVELOPMENTS INC., NORTH OF HIGHWAY 7 AND WEST OF DONALD
COUSENS PARKWAY, AMENDMENT TO THE IN FORCE OFFICIAL PLAN (REVISED 1987), AS
AMENDED
A by-law to adopt Official Plan Amendment No.
245 to the in force Official Plan (Revised 1987), as amended, to permit single
detached dwellings, townhouse dwellings and a community park.
(Item No. 2, Report No. 39 - November 1, 2016
Council Meeting)
OPA
Carried
BY-LAW 2016-144 AURIGA DEVELOPMENTS INC., NORTH OF HIGHWAY 7 AND WEST OF DONALD
COUSENS PARKWAY, ZONING BY-LAW AMENDMENT
A by-law to amend By-law 304-87, as amended,
and By-law 177-96, as amended, to permit single detached dwellings, townhouse
dwellings and a community park.
(Item No. 2, Report No. 39 - November 1, 2016
Council Meeting)
By-law
Carried
BY-LAW 2016-145 KYMBERVILLE CAPITAL INC., NORTH OF HIGHWAY 7 AND EAST OF BUR OAK
AVENUE, AMENDMENT TO THE IN FORCE OFFICIAL PLAN (REVISED 1987), AS AMENDED
A by-law to adopt Official Plan Amendment No.
246 to the in force Official Plan (Revised 1987), as amended, to permit the
lands to be developed for townhouses and stacked townhouses.
(Item No. 3, Report No. 45 - November 29,
2016 Council Meeting)
OPA
Carried
BY-LAW 2016-146 KYMBERVILLE CAPITAL INC., NORTH OF HIGHWAY 7 AND EAST OF BUR OAK
AVENUE, ZONING BY-LAW AMENDMENT
A by-law to amend By-law 177-96, as amended,
to permit the lands to be developed for townhouses and stacked townhouses.
(Item No. 3, Report No. 45 - November 29,
2016 Council Meeting)
By-law
Carried
BY-LAW 2016-147 FIRST MARKHAM PLACE PROPERTIES INC., 3265 AND 3275 HIGHWAY 7
EAST, ZONING BY-LAW AMENDMENT
A by-law to amend By-law 165-80, as amended,
to add a supermarket or food store to the list of permitted uses on the subject
property.
(Item No. 1, Report No. 36 - October 17, 2016
Council Meeting)
By-law
Carried
BY-LAW 2016-148 A BY-LAW RESPECTING CONSTRUCTION, DEMOLITION, CHANGE OF USE
PERMITS AND INSPECTIONS (BUILDING BY-LAW)
(Repeals By-law 2015-166)
(Item No. 1, Report No. 50)
By-law
Carried
BY-LAW 2016-149 A BY-LAW TO AMEND BY-LAW 211-83, AS AMENDED, A BY-LAW TO
PRESCRIBE A TARIFF OF FEES FOR THE PROCESSING OF PLANNING APPLICATIONS (2017
FEES)
(Item No. 1, Report No. 50)
By-law
Carried
BY-LAW 2016-151 TINGLAI HUANG, 15 OAKCREST AVENUE, ZONING BY-LAW AMENDMENT
A by-law to amend By-law 122-72, as amended,
to facilitate a severance to create two building lots, the demolition of the
existing dwelling and the construction of two new two-storey dwellings, one on
each lot.
(Item No. 1, Report No. 33 - September 27,
2016 Council Meeting)
By-law
Carried
13. IN-CAMERA ITEMS
Council
consented to not resolve into in-camera session to discuss the following
matters:
(1) MINUTES OF IN-CAMERA COUNCIL MEETING
- NOVEMBER 15 AND 16, 2016 (16.0)
[Section 239 (2) (a) (b) (c) (d) (e) (f)]
Development
Services Committee - December 5, 2016
(2) LITIGATION
OR POTENTIAL LITIGATION, INCLUDING MATTERS BEFORE ADMINISTRATIVE TRIBUNALS,
AFFECTING THE MUNICIPALITY OR LOCAL BOARD - ONTARIO MUNICIPAL BOARD - 5
DRAKEFIELD ROAD (WARD 4)
[Section 239 (2) (e)]
Council
- December 13, 2016
(3) PERSONAL
MATTERS ABOUT AN IDENTIFIABLE INDIVIDUAL, INCLUDING MUNICIPAL OR LOCAL BOARD
EMPLOYEES
(BOARD/COMMITTEE APPOINTMENTS & RESIGNATIONS
(16.24)
[Section 239 (2) (b)]
General
Committee - December 12, 2016
(4) LABOUR
RELATIONS OR EMPLOYEE NEGOTIATIONS
(COLLECTIVE BARGAINING) (11.0)
[Section 239 (2)
(d)]
The in-camera
items were approved by Council as follows:
(1) MINUTES
OF IN-CAMERA COUNCIL MEETING
- NOVEMBER 15 AND 16, 2016 (16.0)
Moved by Councillor
Amanda Collucci
Seconded by Councillor
Karen Rea
1) That the Council
In-camera Minutes dated November 15 and 16, 2016 be confirmed.
Carried
(2) MINOR
VARIANCE APPLICATION APPEAL
MARINA BALALAYKINA
5 DRAKEFIELD ROAD
A/44/16 (8.0)
Moved by Councillor
Karen Rea
Seconded by Councillor
Valerie Burke
1) That
the confidential report titled “Minor Variance Application Appeal, Marina
Balalaykina, 5 Drakefield Road, A/44/16” be received; and,
2) That
Council direct the City Solicitor and Staff to attend the Ontario Municipal
Board Hearing to support the Committee of Adjustment’s decision to deny the
requested minor variance to increase the net floor area ratio to 49.9 percent;
and further,
3) That
Staff be authorized and directed to do all things necessary to give effect to
this resolution.
Carried
(3) BOARD/COMMITTEE APPOINTMENTS & RESIGNATIONS (16.24)
Moved by Councillor
Amanda Collucci
Seconded by Councillor
Colin Campbell
1) That
the following persons be appointed to the Senior’s Advisory Committee:
Name Term
Muhammad
Alam November
30, 2019
Patricia
Anderson November
30, 2019
Satya
Arora November
30, 2020
Mithan
Lal Kansal November
30, 2020
Anthony
Ko November
30, 2020
Kamla
Malhotra November
30, 2019
Almas
Mawani November
30, 2019
Arul
Rajasingam November
30, 2020
Ramma
Chabra November 30, 2019; and,
2) That
the following persons be appointed to the Public Realm Advisory Committee:
Name Term
Jade
Law November
30, 2019
Stephen
Lusk November
30, 2020
Chuan
Li November
30, 2020; and,
3) That
the following persons be appointed to the Animal Care Committee with a
term start date of January 1, 2017:
Name Term
Kar
Pak Ng November
30, 2015
Janet
Andrews November
30, 2016
Sherry
Klein November
30, 2016; and,
4) That
the following person be re-appointed to the Cemetery Board:
Name Term
John
Byer November
30, 2019; and,
5) That the resignation of
Farzana Jiwani from the Markham Public Library Board be received with
regret for information purposes and that a letter of appreciation be forwarded
by Mayor Frank Scarpitti; and further,
6) That
Regional Councillor Nirmala Armstrong be appointed to the Varley-McKay Art
Foundation of Markham with a term ending November 30, 2018.
Carried
(4) LABOUR
RELATIONS OR EMPLOYEE NEGOTIATIONS
(COLLECTIVE BARGAINING) (11.0)
Moved by Councillor
Logan Kanapathi
Seconded by Councillor
Amanda Collucci
1) That the restricted/confidential
report dated December 5, 2016 regarding labour relations or employee
negotiations (collective bargaining) be received; and,
2) That staff be
authorized to proceed as directed by Council on December 13, 2016.
Carried
Mayor
Frank Scarpitti noted this is the last Council meeting of the year. He thanked all Members of Council for their
commitment and dedication throughout the year of 2016, and congratulated City
staff on another amazing year.
14. CONFIRMATORY BY-LAW
Moved by Regional
Councillor Joe Li
Seconded by Regional
Councillor Nirmala Armstrong
That By-law 2016-150
be given three readings and enacted.
Three Readings
BY-LAW 2016-150 A BY-LAW TO CONFIRM THE PROCEEDINGS OF THE COUNCIL MEETING OF DECEMBER
13, 2016.
By-law
Carried
15. ADJOURNMENT
Moved by Councillor
Logan Kanapathi
Seconded by Councillor
Valerie Burke
That the Council Meeting be adjourned at 11:16 PM.
Carried
________________________________ _____________________________
Kimberley
Kitteringham Frank
Scarpitti
City
Clerk Mayor
(Signed)