Council
Minutes
November
29, 7:00 PM
Council
Chamber, Anthony Roman Markham Civic Centre
Meeting No. 18
Alternate
formats for this document are available upon request
Roll
Call
Mayor Frank
Scarpitti, Deputy Mayor Jack Heath, Regional Councillor Jim Jones, Regional
Councillor Joe Li, Regional Councillor Nirmala Armstrong, Councillor Valerie
Burke, Councillor Alan Ho, Councillor Don Hamilton, Councillor Karen Rea,
Councillor Colin Campbell, Councillor Amanda Collucci, Councillor Logan
Kanapathi, Councillor Alex Chiu.
Staff
Andy Taylor, Chief
Administrative Officer
Catherine Conrad, City
Solicitor 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
Dennis Flaherty, Director of
Communications and Community Relations
Kimberley Kitteringham, City Clerk
Martha Pettit, Deputy City Clerk
John Wong, Technology Support
Specialist
The meeting of
Council convened at 7:06 PM on November 29, 2016 in the Council Chamber.
Mayor Frank
Scarpitti presided.
Mayor and
Members of Council extended a warm welcome to guests in attendance from Havergal
College to observe Markham Council meeting as part of their Grade 10 Civic
course.
Commissioner
Trinela Cane advised that this was Dennis Flaherty’s last Council meeting prior
to his retirement and acknowledged his work with the City of Markham over the
past eight plus years. Mayor Frank
Scarpitti, on behalf of Council, wished Dennis all the best in his future
endeavours.
1. DISCLOSURE OF PECUNIARY INTEREST
(1) Councillor Valerie
Burke disclosed an interest with respect to Item 1, Report No. 45 and By-law
2016-136 (26 Colborne Street) by nature of the property being her personal
residence, and
did not take part in the discussion or vote on the question of the
approval of this matter.
2. MINUTES
(1) COUNCIL MINUTES - NOVEMBER 15 AND 16,
2016
Minutes
Moved by Councillor
Alex Chiu
Seconded by Councillor
Valerie Burke
1) That the Minutes of the
Council Meeting held on November 15 and 16, 2016, be adopted.
Carried
3. PRESENTATIONS
There were no
presentations.
4. DELEGATIONS
There were no
delegations.
5. PETITIONS
There were no
petitions.
6(A) REPORT NO. 45 - DEVELOPMENT SERVICES
COMMITTEE
(November 21, 2016)
Moved by Regional
Councillor Jim Jones
Seconded by Councillor
Don Hamilton
That Report
No. 45 - Development Services Committee comprised of 4 items be received and
adopted, except Item No. 1. (See
following Item No. 1)
(1) HERITAGE
EASEMENT AGREEMENTS
FOR HERITAGE PROPERTY TAX
REDUCTION PROGRAM
292 MAIN STREET NORTH, MARKHAM
VILLAGE
20 MARKHAM STREET, MARKHAM
VILLAGE
26 COLBORNE STREET, THORNHILL
(16.11)
Report
Moved by Regional
Councillor Jim Jones
Seconded by Councillor
Don Hamilton
1) That the staff report titled “Heritage Easement Agreements
for Heritage Property Tax Reduction Program, 292 Main Street North, Markham
Village, 20 Markham Street, Markham Village, 26 Colborne Street, Thornhill”,
dated November 21, 2016, be received; and,
2) That
a by-law be passed to authorize the Mayor and Clerk to execute a Heritage
Easement Agreement with the property owners of 292 Main Street North, 20
Markham Street, Markham Village and 26 Colborne Street, and any other documents
required to give effect thereto, in a form satisfactory to the City Solicitor;
and further,
3) That Staff be authorized and directed to do all things
necessary to give effect to this resolution.
(By-law 2016-136)
Carried
(Councillor
Valerie Burke
abstained due to conflict)
Councillor Valerie Burke disclosed an interest with respect to Item 1,
Report No. 45 (26 Colborne Street) by nature of the property being her personal
residence, and
did not take part in the discussion or vote on the
question of the approval of this matter.
(2) REQUEST
FOR DEMOLITION
– SINGLE DETACHED DWELLING
9 ROUGE STREET, MARKHAM
VILLAGE (16.11 & 10.13)
Report
1) That
the staff report entitled “Request for Demolition – Single Detached Dwelling, 9
Rouge Street, Markham Village ”, dated
November 21, 2016 be received; and,
2) That
Council endorse the demolition of the non heritage dwelling at 9 Rouge Street,
located within the Markham Village Heritage Conservation District, subject to
the Owner obtaining Site Plan Approval for a new infill single detached
dwelling; and further,
3) That
Staff be authorized and directed to do all things necessary to give effect to
this resolution.
Carried
(3) RECOMMENDATION
REPORT
KYMBERVILLE CAPITAL INC.
PROPOSED OFFICIAL PLAN
AMENDMENT
ZONING BY-LAW AMENDMENT AND
REDLINE REVISION TO DRAFT
APPROVED
PLAN OF SUBDIVISION
19TM-040016
NORTH OF HIGHWAY 7, WEST OF
WILLIAM FORSTER ROAD
FILES OP 15 028274, ZA 15
028274 & SU 15 028274 (10.3, 10.5 & 10.7)
Report
1) Proposed
Official Plan Amendment, Zoning By-law Amendment and Redline Revision to Draft
Approved Plan of Subdivision 19TM-040016, north of Highway 7, west of William
Forster Road, Files OP 15 028274, ZA 15 028274 & SU 15 028274”, be
received; and,
2) That
the record of the Public Meeting held on June 21, 2016, regarding the
applications for approval of an Official Plan Amendment, Zoning By-law
Amendment and Redline Revision to Draft Approved Plan of Subdivision
19TM-040016, be received; and,
3) That the Official Plan Amendment
application submitted by Kymberville Capital Inc. to amend the Cornell
Secondary Plan (2008) be approved, and that the draft Official Plan Amendment
attached as Appendix ‘A’ be finalized and enacted without further notice; and,
4) That the Zoning By-law Amendment
application submitted by Kymberville Capital Inc., to amend Zoning By-law
177-96, as amended, be approved and that the draft by-law attached as Appendix
‘B’ be finalized and enacted without further notice; and,
5) That Redline Revision to Draft Approved
Plan of Subdivision 19TM-040016 submitted by Kymberville Capital Inc., be draft
approved subject to the conditions outlined in Appendix ‘C’; and,
6) That the Director of Planning and Urban
Design, or his designate be delegated authority to issue draft approval,
subject to the conditions set out in Appendix ‘C’ as may be amended by the
Director of Planning and Urban Design; and,
7) That the draft plan approval for Plan
of Subdivision 19TM- 040016 will lapse after a period of three (3) years from
the date of Council approval in the event that a subdivision agreement is not
executed within that period; and,
8) That Council assign servicing
allocation for 139 townhouse dwellings and 72 condominium stacked townhouse
dwellings; and further,
9) That Staff be authorized and directed
to do all things necessary to give effect to this resolution.
Carried
(4) RECOMMENDATION
REPORT
MARKHAM (7350 HIGHWAY 48)
HOLDINGS INC.
C/O TERCOT COMMUNITIES
APPLICATIONS TO AMEND THE
ZONING BY-LAW AND FOR SITE
PLAN APPROVAL
TO PERMIT A CONDOMINIUM
TOWNHOUSE DEVELOPMENT
AT 7350 MARKHAM ROAD
FILE NOS: ZA 15 156659 &
SC 16 156659 (10.5, 10.6)
Report
1)
That
correspondence from Anne Benedetti of Goodmans, on behalf of Forest Bay Homes
Ltd., regarding the applications by Markham (7350 Highway 48) Holdings Inc., be
received; and,
2) That
the report dated November 21, 2016 titled “Recommendation Report, Markham (7350
Highway 48) Holdings Inc. c/o Tercot Communities, Applications to amend the
Zoning By-law and for Site Plan Approval to permit a condominium townhouse
development at 7350 Markham Road (File Nos: ZA 15 156659 & SC 16 156659)”,
be received; and,
3) That
the record of the Public Meeting held on November 16, 2015 regarding the Zoning
By-law Amendment application submitted by Markham (7350 Highway 48) Holdings
Inc., c/o Tercot Communities (ZA 15 156659), be received; and,
4) That
the Zoning By-law Amendment (ZA 15 156659) submitted by Markham (7350 Highway
48) Holdings Inc., c/o Tercot Communities to amend the City’s Zoning By-law
304-87, as amended, and By-law 177-96, as amended, to permit a condominium
townhouse development at 7350 Markham Road be approved, and that the draft
Zoning By-law Amendment attached as Appendix ‘A’ be finalized and enacted
without further notice; and,
5) That
the Site Plan application (SC 16 156659) submitted by Markham (7350 Highway 48)
Holdings Inc. c/o Tercot Communities to facilitate a condominium townhouse
development at 7350 Markham Road, be endorsed in principle, subject to the
conditions in Appendix ‘B’; and,
6) That
this endorsement shall lapse and site plan approval will not be issued after a
period of three (3) years commencing on November 21, 2016 in the event the site
plan agreement is not executed within that time period; and,
7) That
Site Plan Approval be delegated to the Director of Planning and Urban Design or
his designate, to be issued following execution of a site plan agreement. The Site Plan is only approved when the
Director or his designate has signed the site plan; and,
8) That
Council assign servicing allocation for 115 townhouse units to the proposed
development and advise York Region; and,
9) That
the City reserves the right to revoke or reallocate servicing allocation should
the development not proceed in a timely manner; and,
10) That
a year after construction, staff review the transportation operations for this
development for monitoring purposes, and to inform future development; and
further,
11) That
Staff be authorized to do all things necessary to give effect to this
resolution.
Carried
6(B) REPORT NO. 46 - GENERAL COMMITTEE (November
28, 2016)
Moved by Deputy
Mayor Jack Heath
Seconded by Regional
Councillor Nirmala Armstrong
That Report
No. 46 - General Committee comprised of 6 items be received and adopted.
Report
Appendix
A Appendix
B- Presentation Appendix
C
1) That
the report titled “FLATO Developments: Amendment and Extension of Naming Rights
for FLATO Markham Theatre” be received; and,
2) That
the City of Markham agrees to extend the existing naming rights arrangement
with FLATO Developments for exterior and
interior naming rights of the FLATO Markham Theatre as outlined in this Report,
in exchange for a naming rights fee, for a term of twenty (20) years; and,
3) That the Markham Theatre continue to be named the “FLATO MARKHAM THEATRE”, and the VIP Lounge continue to be named
the “FLATO DEVELOPMENTS VIP LOUNGE”, and
such names continue to be utilized in all promotional and administrative
materials, and in connection with all functions, operations and communications
associated with the Markham Theatre; and,
4) That
a naming rights fee payable by FLATO Developments of $95,000 per annum starting January 1, 2017,
subject to a 2% annual increase effective January 1st in each year
thereafter, for a total twenty (20) year contribution of $2,308,276.00 be
approved; and,
5) That
the remaining naming rights terms outlined in this Report be approved; and,
6) That
the Mayor and Clerk be authorized to execute a naming rights agreement with FLATO Developments in
accordance with the naming rights terms outlined in this Report, and in a form
satisfactory to the Commissioner of Corporate Services and the City Solicitor;
and,
7) That
proceeds for the renewed naming agreement be deposited into account 890 890
9254 (General Sponsorship); and further,
8) That
Staff be authorized and directed to do all things necessary to give effect to
this resolution.
Carried
Report
1) That
the report "2017 Interim Tax Levy By-law" be received; and,
2) That
Council authorize an interim tax levy for 2017; and,
3) That
the attached by-law be passed to authorize the 2017 interim tax levy; and
further,
4) That
Staff be authorized and directed to do all things necessary to give effect to
this resolution.
(By-law 2016-138)
Carried
Report
1) That the report entitled “Award of
Contract Extension #242-R-13 Thornlea Pool, Building Maintenance and Pool
Maintenance” be received; and,
2) That the contract for #242-R-13
Thornlea Pool, Building and Pool Maintenance be extended to PPL Aquatic,
Fitness & Spa Group Inc. in the amount of $571,131.24 inclusive of HST for
a period of three years (January 1, 2017 – December 31, 2019) as follows:
2017
- $190,377.08
2018
- $190,377.08
2019
- $190,377.08; and,
3) That the tendering process be waived in
accordance with Purchasing By-Law 2004-341, Part II, Section 7 (1) (c) which
states “when the extension of an existing contract would prove more
cost-effective or beneficial”; and,
4) That the award be funded from the
operating budget account 501-911-5314 - S/A Facility Maintenance as identified
within the Financial Considerations Section subject to Council approval of the
2017, 2018 and 2019 operating budget; and,
5) That the Director Recreation and Senior
Manager, Purchasing & Accounts Payable be authorized to extend the contract
for one (1) additional year subject to Council approval of the 2020 operating
budget; and further,
6) That Staff be authorized and directed
to do all things necessary to give effect to this resolution.
Carried
(4) REQUEST
FOR PROPOSAL
197-R-16 PRINTING AND
DELIVERY OF MARKHAM
LIFE MAGAZINE (7.12)
Report
1) That the report
“Request for Proposal 197-R-16 Printing and Delivery of Markham Life Magazine”
be received; and,
2) That the Contract
197-R-16 Printing and Delivery of Markham Life Magazine be awarded to the
highest ranked / 2nd highest priced bidder, Canmark Communications
in the estimated amount of $723,763.92 inclusive of HST for a period of three
(3) years (2017-2019); and,
2017 - $241,254.64
2018 - $241,254.64
2019 - $241,254.64
3) That the Commissioner
of Corporate Services be authorized to extend the contract for two (2)
additional years (2020-2021) at the same terms and conditions, subject to
Council approval of the 2020- 2021 operating budget; and,
4) That the 2018-2021 Operating Budgets/Purchase Orders will be
adjusted for price escalation allowance
based on the pulp and paper price index; and,
5) That the award be
funded from Corporate Communication operating budget account 795-796-5874
Markham Life Magazine as identified within the Financial Considerations Section
subject to Council approval of the 2017, 2018 and 2019 operating budget; and,
6) That this report be
taken to November 29, 2016 Council meeting; and further,
7) That Staff be
authorized and directed to do all things necessary to give effect to this
resolution.
Carried
(5) FRIENDSHIP
AGREEMENT WITH
MULLAITIVU, NORTHERN PROVINCE,
SRI LANKA (10.16)
Report
1) That
the report titled "Friendship Agreement with Mullaitivu, Northern
Province, Sri Lanka" be received; and,
2) That
the City of Markham invite the Sri Lankan Consul General in Toronto, Mr. U. L.
M. Jauhar, and the High Commissioner of Canada in Sri Lanka, Shelley Whiting,
to attend a signing ceremony for a friendship agreement between the City of
Markham and Mullaitivu, Northern Province, Sri Lanka, on Saturday, January 14,
2017; and,
3) That
Staff be authorized and directed to do all things necessary to give effect to this
resolution.
Carried
Report
1) That
the report entitled "Textile Recycling Program Strategy - Next Steps"
be received; and,
2) That
Council endorse the Textile Recycling strategy and supporting initiatives
outlined in this report; and,
3) That
a copy of this report be forwarded to York Region, the Premier of Ontario, Federal and Provincial Ministers of
Environment, Local Members of Parliament (MP's) and Local Members of Provincial
Parliament (MPP's) and the local municipalities for their information;
and further,
4) That
Staff be authorized and directed to do all things necessary to give effect to
this resolution.
Carried
7. MOTIONS
There were no
motions.
8. NOTICES OF MOTIONS
There were no
notices of motions.
9. COMMUNICATIONS
Moved by Regional
Councillor Jim Jones
Seconded by Regional
Councillor Nirmala Armstrong
That Council
receive and consent to the disposition of communications in the following
manner:
Received
45-2016 COMMUNICATION
REGARDING
MARKHAM (7350 HIGHWAY 48) HOLDINGS INC.
C/O TERCOT COMMUNITIES ,7350 MARKHAM ROAD (10.5, 10.6)
(Item No. 4, Report No. 45)
Letter
Letter dated November 29, 2016 received from Anne Benedetti, Goodmans
LLP, providing comments on behalf of Forest Bay Homes Ltd., the owner of the
lands known as 6350 Steeles Avenue East.
Carried
10. PROCLAMATIONS
There were no
proclamations.
11. NEW/OTHER BUSINESS
(1) REVISED 2017 COUNCIL
AND COMMITTEE
MEETING CALENDAR - JANUARY TO JUNE (16.0)
ProposedCalendar ApprovedCalendar
Moved by Deputy
Mayor Jack Heath
Seconded by Regional
Councillor Jim Jones
1) That the Revised 2017 Council and
Committee Meeting Calendar - January to June be approved, with the following
amendments:
- Planning Public Meeting be held at
7:00 PM.
- Council Meeting be held at 7:00 PM.
- Council Meeting be
held on February 13th, instead of February 14th.
Carried as amended
(See following to amend)
Moved
by Councillor Karen Rea
Seconded
by Regional Councillor Joe Li
That Planning Public Meetings be held once a
month generally on the 1st Tuesday of the month at 7:00 PM.
Carried
Moved
by Deputy Mayor Jack Heath
Seconded
by Councillor Don Hamilton
That Council Meetings be held twice a month
generally on the 2nd and 4th Tuesday of the month
starting at 7:00 PM.
Carried by a recorded vote
(See following recorded vote) (8:5)
YEAS: Councillor
Alan Ho, Councillor Don Hamilton, Councillor Karen Rea, Regional Councillor
Nirmala Armstrong, Regional Councillor Jim Jones, Deputy Mayor Jack Heath,
Regional Councillor Joe Li, Councillor
Alex Chiu. (8)
NAYS: Councillor
Valerie Burke, Mayor Frank Scarpitti, Councillor Colin Campbell, Councillor
Amanda Collucci, Councillor Logan Kanapathi. (5)
Moved by Councillor Valerie Burke
Seconded by Councillor Amanda Collucci
That the Council meeting be held on February
13, 2017, instead of February 14, 2017
Carried
(2) SHAKIR
REHMATULLAH
- HONORARY PATRON OF THE FLATO
MARKHAM THEATRE (12.2.6)
Moved by
Regional Councillor Nirmala Armstrong
Seconded by
Councillor Amanda Collucci
1) That Shakir Rehmatullah
be named an honorary patron of the Flato Markham Theatre.
Carried
(Carried by a 2/3 vote of Members of Council
present)
12. BY-LAWS
Moved by Councillor
Colin Campbell
Seconded by Councillor
Logan Kanapathi
That Council
consider the proposed by-laws before the consideration of the New/Other
Business Section of the agenda.
Carried
Moved by Councillor
Colin Campbell
Seconded by Councillor
Logan Kanapathi
That By-laws
2016-132 to 2016-135, 2016-138 and 2016-139 be given three readings and
enacted.
Carried
Moved by Councillor
Colin Campbell
Seconded by Councillor
Logan Kanapathi
That By-law
2016-136 be given three readings and enacted.
Carried
(Councillor
Valerie Burke
abstained due to conflict)
Councillor Valerie Burke disclosed an interest with respect to By-law
2016-136 (26 Colborne Street) by nature of the property being her personal
residence, and
did not take part in the discussion or vote on the
question of the approval of this matter.
Three Readings
BY-LAW 2016-132 A BY-LAW TO CHANGE A CERTAIN STREET NAME IN THE CITY OF MARKHAM
("TROTHEN CRESCENT" TO "TROTHEN CIRCLE")
(Street Parcel, Section 1 on Registered Plan
M1899)
By-law
Carried
BY-LAW 2016-133 CORNELL ROUGE DEVELOPMENT CORPORATION, PART LOT CONTROL EXEMPTION
BY-LAW, 65M-4513
A by-law to designate part of a certain plan
of subdivision not subject to Part Lot Control, Lot 95 and Blocks 96 to 101,
Plan 65M-4513, west of Donald Cousens Parkway and north of Highway 7 East.
By-law
Carried
BY-LAW 2016-134 CORNELL ROUGE DEVELOPMENT CORPORATION, PART LOT CONTROL EXEMPTION
BY-LAW, 65M-4364
A by-law to designate part of a certain plan
of subdivision not subject to Part Lot Control, Blocks 157 to 167, 65M-4364,
west of Reesor Road and north of Highway 7 East.
By-law
Carried
BY-LAW 2016-135 A BY-LAW TO DESIGNATE A PROPERTY AS BEING OF CULTURAL HERITAGE
VALUE OR INTEREST (TOMLINSON-GATES HOUSE, 7790 NINTH LINE)
By-law
Carried
BY-LAW 2016-136 A BY-LAW TO AUTHORIZE THE MAYOR AND CLERK TO EXECUTE A HERITAGE
EASEMENT AGREEMENT WITH THE PROPERTY OWNERS OF 292 MAIN STREET NORTH, 20
MARKHAM STREET, MARKHAM VILLAGE AND 26 COLBORNE STREET
(Item No. 1, Report No. 45)
By-law
Carried
(Councillor
Valerie Burke
abstained due to conflict)
Councillor Valerie Burke disclosed an interest with respect to By-law
2016-136 (26 Colborne Street) by nature of the property being her personal
residence, and
did not take part in the discussion or vote on the
question of the approval of this matter.
BY-LAW 2016-138 A BY-LAW TO PROVIDE FOR AN INTERIM TAX LEVY IN 2017.
(Item No. 2, Report No. 46)
By-law
Carried
BY-LAW 2016-139 MARKHAM (7350 HIGHWAY 48) HOLDINGS INC., C/O TERCOT COMMUNITIES,
7350 MARKHAM ROAD, ZONING BY-LAW AMENDMENT
A by-law to amend By-law 304-87, as amended and By-law 177-96, as
amended, to facilitate the development of townhouses.
(Item No. 4, Report No. 45)
By-law
Carried
13. IN-CAMERA ITEMS
Council
consented to add an in-camera matter regarding labour relations or employee
negotiations.
Moved by Deputy
Mayor Jack Heath
Seconded by Councillor
Don Hamilton
That, in
accordance with Section 239 (2) of the Municipal Act,
Council resolve into an in-camera session to discuss the following matter (8:08
PM):
(1) LABOUR RELATIONS OR EMPLOYEE
NEGOTIATIONS (CITY OF MARKHAM) (11.0)
[Section 239 (2) (d)]
Moved by Councillor
Alan Ho
Seconded by Councillor
Amanda Collucci
That Council
rise from the in-camera session. (9:01 PM)
Carried
(1) LABOUR RELATIONS OR
EMPLOYEE NEGOTIATIONS (CITY OF MARKHAM) (11.0)
Council
consented to not report out on this matter.
14. CONFIRMATORY BY-LAW
Moved by Councillor
Alex Chiu
Seconded by Regional
Councillor Jim Jones
That By-law 2016-137
be given three readings and enacted.
Three Readings
BY-LAW 2016-137 A BY-LAW TO CONFIRM THE PROCEEDINGS OF THE COUNCIL MEETING OF NOVEMBER
29, 2016.
By-law
Carried
15. ADJOURNMENT
Moved by Councillor
Alex Chiu
Seconded by Regional
Councillor Jim Jones
That the Council Meeting be adjourned at 9:02 PM.
Carried
________________________________ _____________________________
Kimberley
Kitteringham Frank
Scarpitti
City
Clerk Mayor
(Signed)