Council
Minutes
February
13, 2018, 7:00 PM
Council Chamber, Anthony
Roman Markham Civic Centre
Meeting No. 2
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 7:36), Regional Councillor Nirmala Armstrong, Councillor Valerie
Burke, Councillor Don Hamilton, Councillor Karen Rea (arrived 7:10), Councillor
Amanda Collucci (arrived 7:10), Councillor Alex Chiu.
Regrets
Councillor Alan Ho
Councillor Colin Campbell
Councillor Logan Kanapathi
Staff
Andy Taylor, Chief
Administrative Officer
Catherine Conrad, City
Solicitor and Acting Director of Human Resources
Trinela Cane, Commissioner
of Corporate Services
Biju Karumanchery, Acting
Commissioner of Development Services
Brenda Librecz, Commissioner
of Community and Fire Services
Joel Lustig, Treasurer
Dave Decker, Fire Chief,
Fire and Emergency Services
Graham Seaman, Director,
Sustainability & Asset Management
Kimberley Kitteringham, City
Clerk
Martha Pettit, Deputy City
Clerk
John Wong, Technology
Support Specialist
Bryan Frois, Chief of Staff
Carlie Turpin, Manager,
Elections, Legislative Services Department
Chris Alexander, Manager, By-Law
Enforcement & Regulatory Services
Mark Visser, Senior Manager,
Strategy Innovation & Investments
Andrea Berry, Senior Manager,
Corporate Communications & Community Engagement
The meeting of
Council convened at 7:06 PM on February 13, 2018 in the Council Chamber. Mayor
Frank Scarpitti presided.
Mayor
Scarpitti began the meeting with the introduction of the following Indigenous
Land Acknowledgement citing that it is important for the City to continue
to make progress on reconciliation with Canada’s First Nations and a land
acknowledgement is a step in that direction:
We
begin today by acknowledging that we walk upon the traditional territories of
Indigenous Peoples and we recognize their history, spirituality, culture, and
stewardship of the land. We are grateful to all Indigenous groups for
their commitment to protect the land and its resources and we are committed to
reconciliation, partnership and enhanced understanding.
The Mayor asked that the
City Clerk add the Indigenous Land Acknowledgement to all future Council
meeting agendas.
1. DISCLOSURE OF PECUNIARY INTEREST
(1) None declared.
2. APPROVAL OF PREVIOUS MINUTES
(1) COUNCIL MINUTES JANUARY 30, 2018
Minutes
Moved by Councillor
Alex Chiu
Seconded by Councillor
Don Hamilton
1) That the Minutes of the
Council Meeting held on January 30, 2018, be adopted.
Carried
3. PRESENTATIONS
(1) 2017
MARKHAM SANTA CLAUS PARADE
- RECOGNITION OF PARADE
WINNERS AND CONTRIBUTORS (12.2.6)
No attachment
The 45th Markham Santa Claus
Parade was held on November 25, 2017.
Council recognized the following parade
winners:
Categories
|
1st Place Winners
|
2nd Place Winners
|
Commercial Float
|
Miller Waste
|
Costume Rentals
|
Non-Commercial Float
|
New Steps for you
|
Rotary Clubs of Markham
|
Marching Group
|
883 Air Cadets Squadron
|
351 Silver Star Squadron
|
Band
|
Philippine Heritage Band
|
Tian Guo Marching Band
|
School
|
Collingwood Collegiate
|
Fr. Bressani C.H. School
|
Theme
|
Markham Fire Department
|
Town Crier
|
Council recognized the following individuals
for their contributions to the parade:
·
Jon Angrove
|
·
Stephanie Bagnarol
|
·
Andrea Berry
|
·
Craig Breen
|
·
Tyler Burns
|
·
Matthew Busato
|
·
Tony Casale
|
·
Mike Conway
|
·
Steve Dahan
|
·
Kevin Dent
|
·
Derrick Doobay
|
·
Tim Dworak
|
·
Tyler Edling
|
·
Brad Fraser
|
·
Pat Fry
|
·
Danny Ho
|
·
Marilyn Huehn
|
·
Yvonne Lord Buckley
|
·
Joel Lustig
|
·
Dean McDermid
|
·
Erika Mieto
|
·
Alex Moore
|
·
Lama Nicolas
|
·
David Plant
|
·
Lloyd Robertson
|
·
Ron Roffey
|
·
Erynn Sally
|
·
Jim Sandiford
|
·
Paolo Scarpelli
|
·
Steve Squires
|
·
Cynthia Szeto
|
·
Andy Taylor
|
·
Mike Vent
|
·
Paul Willis
|
·
Phillip Badanai and
Invictus Athletes – Grand Marshalls
|
4. DEPUTATIONS
There were no
deputations.
5. COMMUNICATIONS
Moved by Councillor
Don Hamilton
Seconded by Councillor
Valerie Burke
That Council
receive and consent to the disposition of communications in the following
manner:
Received
2-2018 COMMUNICATION
– ELECTION SIGN BY-LAW NO. 2002-94 (2.16 & 14.0)
Item No. 4, Report No. 4
Email
Carried
6. PROCLAMATIONS
There were no
proclamations.
7(A) REPORT NO. 3 DEVELOPMENT SERVICES COMMITTEE
(-January 29, 2018)
That the report of the Development Services Committee be received &
adopted. (Items 1 and 2)
(1) WUHAN, CHINA
INTERNATIONL FRIENDLY CITIES SEMINAR
APRIL 8-14, 2018 (10.16)
Report
Moved by
Regional Councillor Jim Jones
Seconded by
Councillor Don Hamilton
1) That
the report dated January 29, 2018 entitled “Wuhan, China International Friendly
Cities Seminar, April 8-14, 2018” be received; and,
2) That
the City of Markham be represented by Senior Business Development Officer,
Sandra Tam; and,
3) That
the total cost of the seminar to a maximum amount of $3,300.00 be funded from
the 2018 Operating budget account #610-998-5201 “Business Travel”, and further,
4) That
Staff be authorized and directed to do all things necessary to give effect to
this resolution.
Carried
(2) RE-ROUTING
OF RAIL FREIGHT TRAFFIC MISSING RAIL LINK UPDATE (5.0)
Report
Moved by
Regional Councillor Jim Jones
Seconded by
Councillor Don Hamilton
1) That
the staff report entitled “Re-routing of Rail Freight Traffic - Missing Rail
Link Update” dated January 29, 2018 be received; and,
2) That Metrolinx be advised
that the City is supportive of Metrolinx’ Regional Express Rail program and
other efforts to enhance GO rail commuter services in the west end, throughout
the GTHA and for nearby communities where there is no negative impact or the
negative impact can be mitigated; and
3) Metrolinx
be advised that the City strongly objects to the Missing Rail Link proposal;
and,
4) Metrolinx
be requested to consult with York Region, the Cities of Markham and Vaughan and
the Town of Richmond Hill as part of their Freight By-Pass environmental
assessment study; and,
5) That
the Prime Minister, the Premier, Federal and Provincial Transportation
Ministers, Metrolinx, York Region, City of Vaughan and Town of Richmond Hill be
so advised by written letter through the Office of the Mayor; and further,
6) That
Staff be authorized and directed to do all things necessary to give effect to
this resolution.
Carried
7(B) REPORT NO. 4 GENERAL COMMITTEE (FEBRUARY 5,
2018)
That the report of the General Committee be received and adopted.
(Items 1 to 4):
(1) ALECTRA
INC AND GUELPH HYDRO MERGER (13.7)
Presentation
Report
Moved by
Deputy Mayor Jack Heath
Seconded by
Regional Councillor Joe Li
WHEREAS Markham Enterprises Corporation
(“MEC”), a subsidiary of The Corporation of the City of Markham (the “City”)
and the City, are parties to the Unanimous Shareholders Agreement for Alectra
Inc. (“Alectra”) dated January 31, 2017 (the “Current Alectra Shareholder
Agreement”); and,
WHEREAS the Board of Directors of MEC has
approved the purchase by Alectra of all of the issued and outstanding shares of
Guelph Hydro Electric Systems Inc. (“GHESI”) from Guelph Municipal Holdings
Inc. (“GMHI”) in consideration of the issuance to GMHI of Class G Common Shares
in the capital of Alectra, and the
amalgamation of Alectra Utilities Corporation (“AUC”) with GHESI, both
of which at such time will be wholly-owned subsidiaries of Alectra, under
Section 174 of the Business Corporations Act (Ontario), to continue as one
local distribution company to be called Alectra Utilities Corporation,
conditional upon the completion of a merger participation agreement to be
entered into between Alectra, AUC, GHESI and GMHI, in accordance with the
conditions set out therein; and,
WHEREAS it is desirable to amend the Current
Alectra Shareholder Agreement to add GMHI and the Corporation of the City of
Guelph as parties thereto (the “New Alectra Shareholder Agreement”); and,
WHEREAS the form of the New Alectra
Shareholder Agreement has been provided to the City; and,
WHEREAS management of Alectra and staff of
AUC, and their advisors, have provided a review of the key aspects of the New
Alectra Shareholder Agreement to the Board of Directors and staff of MEC;
NOW THEREFORE IT IS RESOLVED THAT:
1) The City authorizes and approves the New Alectra Shareholder
Agreement, substantially in accordance with the form presented to the City,
subject to any non-material modifications or amendments as approved by the President
& CEO and the General Counsel & Secretary of Alectra, and by the Chief
Administrative Officer of the City, and authorizes the City to enter into and
deliver the New Alectra Shareholder Agreement in a form satisfactory to the
President & CEO and the General Counsel & Secretary of Alectra, and by
the Chief Administrative Officer of the City, and to perform, observe and
comply with its obligations under such Agreement; and,
2) The Mayor and City Clerk are hereby authorized and directed
to execute and deliver the New Alectra Shareholder Agreement in accordance with
the foregoing resolutions; and,
3) The Mayor and City Clerk are hereby authorized and directed
to sign and/or dispatch and deliver all other documents, notices, articles,
certificates to be signed and/or dispatched or delivered under or in connection
with the New Alectra Shareholder Agreement or to take any action deemed
necessary in respect of any of the foregoing; and,
4) The approvals above are subject to the Chief Administrative
Officer being satisfied with the results of the continuing due diligence being
conducted by Alectra;
And Further:
5) That, given that Alectra intends to review the Board of Directors model
and composition within six months, which the City supports, the City requests
that Alectra’s consultant meet with all shareholders on the matter prior to
reporting to the Alectra Board and that Alectra meet with all shareholders
within two months after the report has been tabled, and in any event, prior to
any additional mergers and major acquisitions.
6) That the Alectra Board be requested to
make all reasonable efforts to mitigate the forecasted dividend reductions in
the early years; and,
7) That the Alectra Board be requested to
undertake a study to consider imposing a cap on total compensation for senior
management; and further,
8) That Staff be authorized and directed to do all things
necessary to give effect to these recommendations.
Carried
(2) AMENDMENT
TO DEVELOPMENT CHARGES
CREDIT AGREEMENT – ABIDIEN INC. (7.11)
Report Appendix
A
Moved by
Deputy Mayor Jack Heath
Seconded by
Regional Councillor Joe Li
1) That the report entitled “Amendment
to Development Charges Credit Agreement – Abidien Inc.” be received; and,
2) That Council authorize an
amendment to the current Development Charge Credit Agreement with Abidien Inc.
dated January 23, 2006, to increase the reimbursement available to Abidien Inc.
by $659,073.29, by a combination of development charge credits and
reimbursement; and,
3) That
the Mayor and Clerk be authorized to execute amendments to the Development
Charge Credit Agreement satisfactory to the City Solicitor and the Treasurer,
as set out in this Report; and further,
4) That staff be directed to do all things necessary to give effect to this
report.
Carried
(3) 2018 MUNICIPAL ELECTION
AWARD OF PROPOSAL # 179-R-17 FOR OPTICAL SCAN VOTE TABULATION (PART 1) AND
ONLINE VOTING SYSTEM (PART 2) (14.0)
Report
Moved by
Deputy Mayor Jack Heath
Seconded by
Regional Councillor Joe Li
1) That
the report titled “2018 Municipal Election - Award of Proposal # 179-R-17 for Optical Scan Vote Tabulation (Part 1) and
Online Voting System (Part 2) be received; and,
2) That
the contract for Part 1 - Optical Scan Vote Tabulation including support &
services, be
awarded to the sole bidder, Election Systems & Software (ES&S), in the amount of $67,609.34 (inclusive of HST); and,
3) That
the contract for Part 2 - Online Voting System including support &
services, be awarded to the sole bidder, SCYTL Canada Inc., in the amount of
$372,645.12 (inclusive of HST); and,
4) That
the award for Part 1 & Part 2 be funded from the Contracted Services
Election account (#310-311-7882) in the amount of $440,254.46; and further,
5) That
Staff be authorized and directed to do all things necessary to give effect to
this resolution.
Carried
Report Attachment
A Attachment
B Presentation
Moved by
Deputy Mayor Jack Heath
Seconded by
Regional Councillor Joe Li
1)
That the report
entitled “Changes to Markham’s Election Sign By-law” be received; and
2)
That the
presentation entitled "Changes to Markham's Election Sign By-law" as
revised to incorporate comments made at the General Committee meeting on
February 5, 2018 be received, and,
3)
That the “Election
Sign By-law” appended to this report as Attachment “A”, incorporating the
recommendations of Option 3, be adopted; and further,
4)
That in addition to the $250 Markham road, and $250 Regional road
election sign permit fees, that there be a $25/per sign fine for illegally
placed election signs included in the “Election Sign By-law”.
5)
That Staff be
authorized and directed to do all things necessary to give effect to this
resolution.
(By-law
2018-8)
Carried
7(C) REPORT NO. 5 DEVELOPMENT SERVICES PUBLIC
MEETING
(FEBRUARY 6, 2018)
That the report of the Development Services Public Meeting be received
& adopted.
(Item 1):
(1) PRELIMINARY REPORT
AGARWAL INDUSTRIAL HOLDINGS INC.
ON BEHALF OF AMAZING GRACE BILINGUAL MONTESSORI INC.,
APPLICATION FOR A MINOR ZONING BY-LAW AMENDMENT
TO ADD ‘CHILD CARE CENTRE’ AS A PERMITTED USE TO
114 ANDERSON AVENUE, EAST OF MARKHAM ROAD
NORTH OF 16TH AVENUE (WARD 5)
FILE NO. ZA 17 155051 (10.5)
Report
Moved by
Regional Councillor Jim Jones
Seconded by
Councillor Don Hamilton
1) That
the report dated December 5, 2017 titled “PRELIMINARY REPORT, Agarwal
Industrial Holdings Inc. (Mahesh Agarwal) on behalf of Amazing Grace Bilingual
Montessori Inc. (Vivien Kwong),
Application for a Minor Zoning By-law Amendment to add ‘Child Care
Centre’ as a Permitted Use to 114 Anderson Avenue” be received; and,
2) That
the Record of the Public Meeting held on February 6, 2018, with respect to the
proposed Zoning By-law Amendment application to add ‘Child Care Centre’ as an
additional permitted use at 114 Anderson Avenue” be received; and,
3) That
the application submitted by Agarwal Industrial Holdings Inc. (Mahesh Agarwal)
on behalf of Amazing Grace Bilingual Montessori Inc. (Vivien Kwong), to amend
in-force Zoning By-law 88-76, as amended, be approved; and,
4) That
the proposed amendment to in-force Zoning
By-law 88-76, as amended, be enacted without further notice; and further,
5) That
Staff be authorized and directed to do all things necessary to give effect to
this resolution.
Carried
7(D) REPORT NO. 6 DEVELOPMENT SERVICES MEETING
(FEBRUARY 12, 2018)
That the report of the Development Services Public Meeting be received
& adopted.
(Items 1 to 3):
(1) ELIGIBILITY
OF REVEREND JENKINS HOUSE
FOR RELOCATION TO MARKHAM
HERITAGE ESTATES
11022 KENNEDY ROAD, WARDS 4
AND 6 (16.11)
Report
Moved by
Regional Councillor Jim Jones
Seconded by
Councillor Don Hamilton
1) That
the staff report entitled “Eligibility of Reverend Jenkins House for Relocation
to Markham Heritage Estates”, dated February 12, 2018, be received; and,
2) That
notwithstanding the Markham Heritage Estates Administrative Guidelines and the
Markham Official Plan 2014 cultural heritage policies, the Reverend Jenkins
House be permitted to be disassembled and replicated at Markham Heritage
Estates, utilizing a new post and beam structure provided that all salvageable
exterior and interior elements from the original structure are incorporated
into the project based on measured
drawings of the existing house, to the satisfaction of Heritage Section staff;
and further,
3) That
staff be authorized and directed to do all things necessary to give effect to
this resolution.
Carried
(2) REQUEST
FOR DEMOLITION
SINGLE DETACHED DWELLING
10 DRYDEN COURT, MARKHAM
VILLAGE (16.11.3&10.13)
DP 17 181477
Report
Moved by
Regional Councillor Jim Jones
Seconded by Councillor
Don Hamilton
1) That
the staff report entitled “Request for Demolition-Single Detached Dwelling, 10
Dryden Court, Markham Village,” dated February 12, 2018, be received ; and,
2) That
Council approve the proposed demolition request for the existing single
detached, non-heritage, dwelling at 10 Dryden Court located within the Markham
Village Heritage Conservation District, subject to the proposed new infill
dwelling conforming with policies and guidelines of the Markham Village
Heritage Conservation District Plan for new buildings and the City’s Bird
Friendly Guidelines; and further,
3) That
Staff be authorized and directed to do all things necessary to give effect to
this resolution.
Carried
(3) REQUEST
FOR DEMOLITION
SINGLE DETACHED DWELLING
26 STATION STREET, MARKHAM
VILLAGE (16.11.3&10.13)
Report
Moved by
Regional Councillor Jim Jones
Seconded by
Councillor Don Hamilton
1) That
the staff report entitled “Request for Demolition-Single Detached Dwelling, 26
Station Street, Markham Village,” dated February 12, 2018, be received; and,
2) That
Council deny the proposed demolition request of the existing single detached
heritage dwelling at 26 Station Street located within the Markham Village
Heritage Conservation District; and further,
3) 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
notices of motions to reconsider.
10. NEW/OTHER BUSINESS
There were no
new/ other business.
11. ANNOUNCEMENTS
There were no announcements.
12. BY-LAWS
Moved by Councillor
Alex Chiu
Seconded by Councillor
Valerie Burke
That By-laws 2018-4
to 2018-8 and 2018-10 be given three readings and enacted.
Carried
Three Readings
BY-LAW 2018-4 ROAD DEDICATION BY-LAW (PENNY CRESCENT)
A
by-law to dedicate certain lands as part of the highways of the City of Markham
(Parts 128,
129 and 130, Plan 65R-4213 and Part of Lot 15, Concession 8, designated as
Block H, Plan M-1902 – Penny Crescent)
By-law
Carried
BY-LAW 2018-5 WORLD
TECH CONSTRUCTION INC., 221 HELEN AVENUE, ZONING BY-LAW AMENDMENT
A By-law to amend
By-law 304-87, as amended, and By-law 177-96, as amended to create one
additional building lot.
(Item No.1,
Report No. 38 – September 26, 2017 Council Meeting)
By-law
Carried
BY-LAW 2018-6 UNIONVILLE
HOME SOCIETY, 4300 HIGHWAY 7 EAST, AMENDMENT TO THE IN FORCE OFFICIAL PLAN (REVISED 2014), AS AMENDED
A by-law to adopt an Official Plan Amendment to the in force Official
Plan (Revised 2014), as amended, to permit a proposed apartment building.
(Item No. 1, Report No. 2 – January 30, 2018 Council Meeting)
By-law
Carried
BY-LAW 2018-7 UNIONVILLE
HOME SOCIETY, 4300 HIGHWAY 7 EAST, ZONING BY-LAW AMENDMENT
A
By-law to amend By-law 122-72, as amended, and By-law 177-96, as amended, to permit a proposed apartment building.
(Item No. 1, Report No. 2 – January 30, 2018 Council Meeting)
By-law
Carried
BY-LAW 2018-8 ELECTION
SIGN BY-LAW
A
By-law to regulate election signs and other election advertising devices within
the City of Markham
(Item No. 4, Report No. 4– February 13, 2018 Council Meeting)
By-law
Carried
BY-LAW 2018-10 ROAD
DEDICATION BY-LAW
A
by-law to dedicate certain lands as part of the highways of the City of
Markham:
1.
Block 7, Plan 65M-4458 and Block 284, Plan 65M-3840 - Montague’s Lane.
2.
Block 8, Plan 65M-4458 and Block 287, Plan 65M-3840 - Lindcrest Manor.
3.
Block 285, Plan 65M-3840 - The Barley Lea Street.
4.
Block 286, Plan 65M-3840 - Lane 3.
By-law
Carried
13. CONFIDENTIAL ITEMS
Moved by Councillor
Don Hamilton
Seconded by Councillor
Amanda Collucci
That, in
accordance with Section 239 (2) of the Municipal Act,
Council resolve into a private session to discuss the following confidential
matters (7:47 PM):
1. MINUTES OF IN-CAMERA COUNCIL MEETING
-JANUARY 30, 2018 (16.0)
[Section 239 (2) (b) (c) (e)]
General
Committee February 5, 2018
2. LABOUR RELATIONS OR EMPLOYEE
NEGOTIATIONS (COLLECTIVE BARGAINING) (11.0)
[Section 239 (2)
(b)]
Moved by Deputy
Mayor Jack Heath
Seconded by Councillor
Amanda Collucci
That Council
rise from the confidential session. (7:55 PM)
Carried
The confidential
items were approved by Council as follows:
(1) MINUTES OF IN-CAMERA COUNCIL MEETING
-JANUARY 30, 2018 (16.0)
[Section 239 (2) (b) (c) (e)]
Moved by Councillor
Alex Chiu
Seconded by Councillor
Valerie Burke
1) That the
Council Confidential Minutes dated January 30, 2018 be confirmed.
Carried
GENERAL COMMITTEE – FEBRUARY 5, 2018
(2) LABOUR RELATIONS OR
EMPLOYEE NEGOTIATIONS
(COLLECTIVE BARGAINING) (11.0)
Moved by Deputy
Mayor Jack Heath
Seconded by Regional
Councillor Jim Jones
1) That staff be
authorized to proceed as directed by Council on February 13, 2018 with respect
to the Labour Relations or Employee Negotiations (Collective Bargaining)
matter.
Carried
14. CONFIRMATORY BY-LAW
Moved by Councillor
Alex Chiu
Seconded by Councillor
Valerie Burke
That By-law 2018-9
be given three readings and enacted.
Three Readings
BY-LAW 2018-9 A
BY-LAW TO CONFIRM THE PROCEEDINGS OF THE COUNCIL MEETING OF FEBRUARY 13, 2018.
By-law
Carried
15. ADJOURNMENT
Moved by Councillor
Alex Chiu
Seconded by Councillor
Valerie Burke
That
the Council Meeting be adjourned at 7:56 PM.
Carried
__________________________________ ________________________________
Kimberley
Kitteringham Frank
Scarpitti
City
Clerk Mayor
(Signed