COUNCIL MINUTES
October
16, 2012, 7:00 p.m.
Council
Chamber, Anthony Roman Markham Civic Centre
Meeting No. 16
Alternate
formats for this document are available upon request
ROLL CALL
Mayor Frank
Scarpitti, Deputy Mayor Jack Heath, Regional Councillor Jim Jones, Regional
Councillor Gord Landon, Regional Councillor Joe Li Councillor Valerie Burke,
Councillor Howard Shore, Councillor Don Hamilton, Councillor Carolina Moretti,
Councillor Colin Campbell, Councillor Alan Ho, Councillor Logan Kanapathi, Councillor
Alex Chiu.
STAFF
Andy Taylor, Chief
Administrative Officer
Catherine Conrad, City
Solicitor
Brenda Librecz, Commissioner
of Community and Fire Services
Trinela Cane, Commissioner
of Corporate Services
Jim Baird, Commissioner of
Development Services
Joel Lustig, Treasurer
Martha Pettit, Acting City
Clerk
Alida Tari, Council and
Committee Coordinator
Stephen Huycke, Acting
Deputy Clerk
Dennis
Flaherty, Director, Communications & Community Relations
John Wong, Technology
Support Specialist
Alain
Cachola, Manager, Infrastructure and Capital Works
David Pearce,
Real Property Manager
The regular
meeting of Council convened at 7:11 p.m. on October 16, 2012 in the Council
Chamber. Mayor Frank Scarpitti presided.
1. DISCLOSURE OF PECUNIARY INTEREST
(1) None
declared.
2. MINUTES
(1) COUNCIL MINUTES – OCTOBER 3, 2012
Minutes
Moved by
Councillor Alex Chiu
Seconded by Councillor
Valerie Burke
1) That
the Minutes of the Council Meeting held on October 3, 2012, be adopted.
CARRIED
3. PRESENTATIONS
There were no
presentations.
4. DELEGATIONS
Council
consented to add Delegation Nos. 1 and 2.
(1) MARION MATTHIAS (9.0)
- addressed Council regarding the item titled "Information Report
on the Federal Electoral Districts Proposal for the Province of Ontario"
and spoke in support of the City of Markham's recommendation.
Moved by Regional Councillor Jim Jones
Seconded by Councillor Howard Shore
That Council consider the matter titled "Information Report on the
Federal Electoral Districts Proposal for the Province of Ontario" immediately
following the delegation with respect thereto.
(See Item No. 7, Report No. 49 for Council's decision on this matter)
CARRIED
(2) WES ROWE, UNIONVILLE
VILLAGERS’ ASSOCIATION (10.14)
- Addressed Council regarding the item titled "Public Information
Meeting Minutes - October 9, 2012 (Lane
Naming East of Main Street Unionville)" and spoke in support of not
renaming the Lane.
Moved by Councillor Don Hamilton
Seconded by Deputy Mayor Jack Heath
That Council consider the item titled "Public Information Meeting
Minutes - October 9, 2012 (Lane Naming
East of Main Street Unionville)" immediately following the
delegation with respect thereto.
(See New/Other Businesses Item No. 4 for Council's decision on this
matter)
CARRIED
5. PETITIONS
There were no
petitions.
6(a) REPORT NO. 48 - DEVELOPMENT SERVICES
COMMITTEE
(October 9, 2012)
Moved by Regional
Councillor Jim Jones
Seconded by Councillor
Don Hamilton
That Report
No. 48 – Development Services Committee comprised of 1 item be received and
adopted.
(1) RECOMMENDATION
REPORT
ONTARIO MUNICIPAL BOARD APPEAL
ARYEH CONSTRUCTION LIMITED
8293 WARDEN AVENUE
APPLICATION FOR SITE PLAN
APPROVAL
FOR A HIGH DENSITY RESIDENTIAL
DEVELOPMENT
(SC 10 131755) (10.6)
Report UpdateMemo
1) That
the staff report dated October 9, 2012 titled “Recommendation Report, Ontario
Municipal Board Appeals, Aryeh Construction Limited, 8293 Warden Avenue,
Application for site plan approval for a high density residential development,
File No. SC 10 131755” be received; and,
2) That
the memorandum dated October 15, 2012 providing an update on the timing of the
construction of Clegg Road to coordinate with the needs of Markham District
Energy, presented to Council on October 16, 2012, be received; and,
3) That
the City Solicitor or her designate and all necessary staff be directed to
attend the OMB hearing to support the approval of site plan application SC 10
131755 on the basis of:
a) The following plans, subject to the provisions of Clause 3, below:
i.
Site Plan, Drawing SPA-101, prepared by E.I.
Richmond Architects Ltd., Plot Date:
August 28, 2012
ii.
East Elevation,
Drawing SPA-401, prepared by E.I. Richmond Architects Ltd., Plot Date: August
27, 2012
iii. West Elevation, Drawing SPA-402,
prepared by E.I. Richmond Architects Ltd., Plot Date: August 27, 2012
iv. South Elevation, Drawing SPA-403,
prepared by E.I. Richmond Architects Ltd., Plot Date: August 27, 2012
v.
North Elevation, Drawing SPA-404, prepared by E.I. Richmond Architects
Ltd., Plot Date: August 27, 2012
vi. South Interior Elevation and Section,
Drawing SPA-405, prepared by E.I. Richmond Architects Ltd., Plot Date: August
27, 2012
vii. North Interior Elevation and Section,
Drawing SPA-406, prepared by E.I. Richmond Architects Ltd., Plot Date: August
27, 2012
b) The conditions attached as Appendix ‘A’ to the October 9, 2012 staff
report, and,
4) That
the Commissioner of Development Services be delegated the authority to approve
revisions to the conditions of site plan approval referenced in Appendix “A” of
this staff report, and to approve revisions to the site plan and elevation
drawings referenced in Recommendation 2 of this staff report, including
updating the plot dates on such plans and drawings; and,
5) That
Part of Block 7, Plan 65M-4294, Town of Markham, Regional Municipality of York,
designated as Part 1 on Plan 65R-33837
be declared surplus to City purposes in accordance with By-law 178-96 and
conveyed to Aryeh Construction Limited under the terms and conditions set out
in this report, including a purchase price of $405,000; and,
6) That
the Mayor and Clerk be authorized to execute an Agreement of Purchase and Sale
between the City and Aryeh Construction Limited
in a form and content satisfactory to the City Solicitor and Chief
Administrative Officer with respect to the sale of the said lands to Aryeh;
and,
7) That
Council authorize the Mayor and Clerk to enter into a Section 37 Agreement with
Aryeh Construction Limited to secure a Section 37 contribution in the amount of
$1,333 per unit; and,
8) That
the Mayor and Clerk be authorized to execute the necessary documentation to
give effect to the forgoing resolution; and,
9) That
conditional 2015 servicing allocation for 340 units be granted from the
Regional allocation when it becomes available to Markham, subject to written
confirmation from the Trustee of the Markham Centre Landowners Group; and,
10) That the Heritage house
be completed in a timely manner and constructed in concurrence with the
development by Aryeh Construction Limited; and further,
11) That
staff be authorized and directed to do all things necessary to give effect to
this resolution.
CARRIED
6(b) REPORT NO. 49 - GENERAL COMMITTEE (October
15, 2012)
Council
consented to separate Item Nos. 4, 6, 7 and 8.
Moved by
Councillor Alex Chiu
Seconded by Councillor
Colin Campbell
That Report
No. 49 – General Committee comprised of 9 items be received and adopted, except
Item Nos. 4, 6, 7 and 8. (See following Item Nos. 4, 6, 7 and 8)
(1) YORK
REGION GIFT OF LIFE ASSOCIATION (7.0)
Presentation
1) That the
presentation by Mr.Bruce Cuthbert, entitled “York Region Municipal Organ Challenge” be received; and,
2) Whereas organ donors can save many
lives; and,
3) Whereas the Province of
Ontario and York Region is considerably far behind in organ donations when
compared to all of the other provinces, and many other parts of the world; and,
4) Whereas the City of
Markham has a consent registration rate of 9% which is below the York Region rate (under 19%); and,
5) Whereas the York Region
Gift of Life Association is hosting a challenge to all of the municipalities in
York Region to raise the number of Consent Registrations commencing November 1,
2012 through to January 30, 2013; and further,
6) Now therefore be it
resolved that the Mayor, Council and City of Markham participate in promoting
the challenge and encouraging Consent Registration in the City of Markham.
CARRIED
(2) APPOINTMENT
BYLAW (2.0)
Report Attachment
1
1) That the report titled “A By-law to Appoint Municipal Law Enforcement Officers” be
received; and,
2) That Attachment “A” – “The Proposed
By-law to Appoint Municipal Law Enforcement Officers” be enacted; and further,
3) That Staff be authorized and directed
to do all things necessary to give effect to this resolution.
(By-law 2012-195
withdrawn)
CARRIED
(3) WORLD
CONGRESS ON INFORMATION
TECHNOLOGY (WCIT 2012) (7.0)
Report Attachment
1) That
the report entitled “World Congress on Information Technology (WCIT 2012)” be
received; and
2) That the City be represented by Mayor
Frank Scarpitti; and
3) That
the total cost of attending the WCIT 2012 not exceed $1,350.00 and be expensed
from within Economic Development’s operating budget (Business Travel Acct.#
610-998-5201); and
4) That Staff be authorized and directed
to do all things necessary to give effect to this resolution.
CARRIED
(4) AWARD
OF TENDER 187-T-12 BERCZY PARK
PAVILION, MAINTENANCE BUILDING
AND
WATERPLAY CONSTRUCTION (7.0)
Report Memo
1) That the report entitled “Award of
Tender 187-T-12 Berczy Park Pavilion, Maintenance Building and Waterplay
Construction” be received; and,
2) That
the memorandum dated October 16, 2012 providing information on capital and
operating cost implications relative to asphalt roof versus metal roof for the
Berczy Park Pavilion, presented to Council on October 16, 2012, be received;
and,
3) That the contract for tender 187-T-12
Berczy Park Pavilion, Maintenance Building and Waterplay Construction be
awarded to the lowest priced, qualified bidder, Rutherford Contracting Ltd., in
the amount of $1,550,714.53 inclusive of HST; and,
4) That a separate purchase order in the
amount of $155,071.45 inclusive of HST be established as a contingency to cover
any unforeseen construction /design costs and that the Director of Planning and
Urban Design be authorized to approve this contingency amount up to the
specified limit in accordance with the Expenditure Control Policy; and,
5) That the internal administration fee in the
amount of $153,520.74 be charged to account 081-5350-7624-005 Berczy Park
Waterplay/Tennis; and,
6) That the award in the amount of $1,379,416.23
inclusive of HST be funded from account 081-5350-7624-005 Berczy Park
Waterplay/Tennis in the amount of $555,032.64 and 081-5350-6644-005 Berczy CP
Pav. & Maint. Building in the amount of $824,383.59; and,
7) That the shortfall in the amount of
$479,890.49 be funded from the following;
Berczy Park South
Final (Account #81-5350-9352-005) in the amount of $189,855.70; Berczy Comm.
Park Design (Account #81-5350-8045-005) in the amount of $114,514.88; Park
Development DC Reserve ($157,967.92 or 90%) and the Capital Contingency
($17,551.99 or 10%) based on the original funding split of the project; and
further,
8) That Staff be authorized and directed
to do all things necessary to give effect to this resolution.
CARRIED
Council
consented to receive the memorandum dated October 16, 2012 providing
information on capital and operating cost implications relative to asphalt roof
versus metal roof for the Berczy Park Pavilion.
(5) A
BY-LAW TO PROHIBIT THE DISPLAY, MARKETING
FOR SALE AND SALE OF IMITATION
AND REPLICA FIREARMS (2.0)
Report Attachment
1) That the report titled “A By-law to
Prohibit the Display, Marketing for Sale and Sale of Imitation and Replica
Firearms” be received; and,
2) That Attachment ‘A’ –Draft By-law to
Prohibit the Display, Marketing for Sale and Sale of Imitation and Replica
Firearms” be enacted; and further,
3) That Staff be authorized and directed
to do all things necessary to give effect to this resolution.
(By-law
2012-196)
CARRIED
(6) COUNCIL
VACANCY POLICY (9.0)
Moved by
Councillor Alex Chiu
Seconded by Councillor
Colin Campbell
1) That the report entitled “Council
Vacancy Policy” be received; and,
2) That Council approve the proposed
“Council Vacancy Policy” (Attachment “A”) as amended at the October 15, 2012
General Committee meeting; and further,
3) That Staff be authorized and directed to do all things
necessary to give effect to this resolution.
CARRIED BY A UNANIMOUS RECORDED VOTE (13:0)
(See following recorded vote)
(See following request for recorded vote)
YEAS: Mayor
Frank Scarpitti, Deputy Mayor Jack Heath, Regional Councillor Jim Jones,
Regional Councillor Gord Landon, Regional Councillor Joe Li, Councillor Valerie
Burke, Councillor Howard Shore, Councillor Don Hamilton, Councillor Carolina
Moretti, Councillor Colin Campbell, Councillor Alan Ho, Councillor Logan
Kanapathi, Councillor Alex Chiu.
Moved by Regional Councillor Joe Li
Seconded by Regional Councillor Jim Jones
CARRIED
(2/3 Vote was
requested & obtained)
(7) INFORMATION
REPORT ON THE FEDERAL
ELECTORAL DISTRICTS PROPOSAL
FOR THE
PROVINCE OF ONTARIO (9.0)
Report Attachment
A Attachment
B Attachment
C Attachment
D
Attachment
E Attachment
F Attachment
G Attachment
H
1) That the information report entitled
“Information Report on the Federal Electoral Districts Proposal for the
Province of Ontario” be received; and,
2) That the Mayor be authorized to send a
letter to the Federal Electoral Boundaries Commission for
the Province of Ontario expressing
Council’s opinion on the proposed Federal Electoral Boundaries; and,
3) That
the Mayor, or designate, be authorized to attend before the Federal Boundary
Commission to express the following concerns:
·
That historical, social and economic factors
are also considered when determining the boundaries;
·
That the portion of the proposed Markham
riding that is west of Highway 404 and east of Bayview Avenue be included in
the proposed Vaughan-Thornhill federal electoral district;
·
That the proposed Vaughan-Thornhill federal
electoral district should be called “Thornhill”;
·
That the proposed Markham riding should also
include the area of the City of Markham that is south of Highway 407, west of
the York-Durham Line and east of Highway 48; and,
4) That the Federal Boundary Commission be
requested to correct their Federal Electoral Boundaries Commission for the
Province of Ontario report to make clear that there are only 4 (four) electoral
ridings not 5 (five) that encompass part of the City of Markham; and further,
5) That Staff be authorized and directed to do all things necessary
to give effect to this resolution.
CARRIED BY A UNANIMOUS RECORDED VOTE (13:0)
(See
following recorded vote)
YEAS: Mayor
Frank Scarpitti, Deputy Mayor Jack Heath, Regional Councillor Jim Jones,
Regional Councillor Gord Landon, Regional Councillor Joe Li, Councillor Valerie
Burke, Councillor Howard Shore, Councillor Don Hamilton, Councillor Carolina
Moretti, Councillor Colin Campbell, Councillor Alan Ho, Councillor Logan
Kanapathi, Councillor Alex Chiu.
(See
following minor revisions)
Council consented to the following minor revisions:
Resolution No. 3
- Delete the following bullet point in its
entirety:
·
That the proposed Markham federal electoral district should be called
“Markham-Milliken”;
- Add the underlined word "...also..." to the bullet point as
follows:
·
That the proposed Markham riding should also
include the area of the City of Markham that is south of Highway 407, west of
the York-Durham Line and east of Highway 48;
Resolution No. 4
Delete the strikethrough word
"...within..." and add the underlined words "...only..."
and "...that encompass part of..." as follows:
4) That the Federal Boundary Commission be requested to
correct their Federal Electoral Boundaries Commission for the Province of
Ontario report to make clear that there are only 4 (four) electoral
ridings not 5 (five) that encompass part of within the City of
Markham;
(See following to consider the matter)
Moved by Regional Councillor Jim Jones
Seconded by Councillor Howard Shore
That Council consider the matter titled "Information Report on the
Federal Electoral Districts Proposal for the Province of Ontario" immediately
following the delegation with respect thereto.
CARRIED
(8) CORNELL
COMMUNITY CENTRE AND
LIBRARY - PARKING GARAGE
OPERATION (5.0)
Report
Moved by
Councillor Alex Chiu
Seconded by Councillor
Colin Campbell
1) That the report titled Cornell
Community Centre and Library – Parking Garage Operation be received; and,
2) That Council endorse a no- charge
parking for a maximum of up to three (3) hours for
the Cornell Community Centre & Library users for the use of the parking
structure; and,
3) That the rate to be charged after the
three (3) hour maximum and the proposed Cost Recovery Policy be deferred to the
November 12, 2012 Special General Committee meeting; and,
4) That staff be
authorized to award a contract to Precise Parklink Inc. for the installation
and maintenance of parking equipment at the Cornell Community Centre and
Library in the estimated capital
amount of $220,000, not to be exceeded without further authorization; and,
5) That the tendering process be waived in
accordance with Purchasing By-Law 2004-341, Part II, Section 7 (part 1) G, Non
Competitive Procurement, “Where it is in the City’s
best interest not to solicit a competitive”; and,
6) That the award for purchasing of
parking equipment for the Cornell Community Centre and Library in the estimated
amount of $220,000 be funded at 90% from the Development Charges (DC) Reserve
fund in the amount of $198,000 and 10% from the Capital Contingency account in
the amount of 22,000; and further,
7) That Staff be authorized and directed
to do all things necessary to give effect to this resolution.
CARRIED BY A RECORDED VOTE (11:1)
(See
following recorded vote)
YEAS: Mayor
Frank Scarpitti, Deputy Mayor Jack Heath, Regional Councillor Jim Jones,
Regional Councillor Joe Li, Councillor Valerie Burke, Councillor Howard Shore,
Councillor Don Hamilton, Councillor Colin Campbell, Councillor Alan Ho,
Councillor Logan Kanapathi, Councillor Alex Chiu. (11)
NAYS: Regional
Councillor Gord Landon. (1)
ABSENT: Councillor
Carolina Moretti. (1)
(9) DIVERSION
TASK FORCE REPORT (5.10)
Report
Attachment Presentation
1) That the report entitled “Diversion Sub
Committee Strategy – Markham’s Roadmap to 80% Diversion” be received; and,
2) That Council endorse the attached
Diversion Sub Committee Strategy “ The Best of the Best – Markham’s Roadmap to
80% Diversion” and the initiatives and programs outlined in the strategy form
the basis of Markham’s 3 year plan to attain 80% diversion by 2014; and,
3) That York Region be advised that
Markham will support the Regions compostable bag initiative by continuing to
provide education to residents on the environmental benefits of using certified
compostable bags for Green Bin organics; and,
4) That staff be directed to report back to the General
Committee relative to a roll-out program in the near future; and,
5) That residents be encouraged to use
garbage cans together with the clear bag program; and,
6) That a copy of this report be forwarded
to York Region and Local Municipalities for their information; and further,
7) That staff be authorized and directed
to do all things necessary to give effect to this resolution.
CARRIED
7. MOTIONS
(1) CITY OF MARKHAM POSITION REGARDING THE
PROPOSED NEW FEDERAL ELECTORAL
BOUNDARIES (13.1)
Note: Council
consented to withdraw this motion in its entirety as Council considered a staff
recommendation report titled “Information Report on the Federal Electoral Districts
Proposal for the Province of Ontario” earlier in the meeting.
(See
Item No. 7, Report No. 49 for Council's decision on this matter).
The notice of this motion was given at the October 3, 2012 Council
meeting, moved by Councillor Howard Shore and seconded by Councillor Valerie
Burke.
Whereas every 10 years,
after the census is conducted, the number of electoral districts and their
boundaries are revised to reflect population shifts and growth; and,
Whereas ten electoral
boundaries commissions have been established. They operate independently in
each province to propose new boundaries, consult with Canadians and create the
new electoral map for their province; and,
Whereas the number of
electoral districts represented in the House of Commons is derived from the
formula and rules set out in sections 51 and 51A of the Constitution Act, 1867.
This formula takes into account changes to provincial population, as reflected
in population estimates in the year of the most recent decennial census. The increase
to Canada's population in the past 10 years has resulted in a change to the
total number of electoral districts represented in the House of Commons, from
308 to 338. Between the censuses of 2001 and 2011, the population of Ontario
increased from 11,410,046 to 12,851,821. The number of electoral districts in
Ontario increased from 106 to 121; and,
Whereas Parliament has
determined that Ontario should have 15 additional electoral districts, raising
the total number of electoral districts in the province from 106 to 121. When
readjusting electoral boundaries, the Commission is required to apply the
principles contained in the Electoral Boundaries Readjustment Act. The Act
directs the Commission to ensure that the population in each electoral district
shall, as closely as reasonably possible, correspond to the electoral quota for
the province. The quota for electoral districts in Ontario is 106,213, which is
established by dividing the census population by the number of electoral
districts assigned to the province; and,
Whereas The Act permits the
Commission to depart from the quota where necessary or desirable in order to:
- respect the community of interest or
community of identity in, or the historical pattern of an electoral district in
the province; and,
Whereas the Commission
proposes an electoral district named VAUGHAN—THORNHILL, comprised of that
portion of the current electoral district of Thornhill lying west of Bayview
Avenue. It has a population of 110,427 and is 3.97% above the provincial quota;
and,
Whereas the Commission
proposes the electoral district of MARKHAM, comprised of portions of the
current electoral districts of Markham—Unionville and Thornhill. It is bounded
on the north by Highway No. 7, on the east by Markham Road and Main Street
South, on the south by the City of Toronto boundary, and on the west by Bayview
Avenue. It has a population of 109,559 and is 3.15% above the provincial quota;
and,
Whereas the current,
existing boundaries of Thornhill consists of that part of the Regional
Municipality of York comprised of:
(a) that part of the City of Vaughan lying easterly
and southerly of a line described as follows: commencing at the intersection of
the southerly limit of said city with Highway No. 400; thence northerly along said
highway to Rutherford Road; thence easterly along said road to the westerly
limit of the Town of Richmond Hill; and,
(b) that part of the Town of Markham lying westerly
of Highway No. 404; and,
Whereas it is desirable to
avoid fragmenting traditional neighbourhoods or communities of interest within
the municipality; and,
Whereas it is considered
desirable to keep communities of similar historic background and interest
contained united; and,
Whereas consideration should
be given to using natural and man-made features such as the existing Highway
404 as boundaries that already serve as a physical boundary of the community;
and,
Whereas where feasible, the
preferred features to define an electoral boundary should be arterial roads,
highways, railway lines, rivers and creeks; and,
Whereas the effect of the
suggested boundary realignment would be to fragment the municipal portion into
two separate Federal ridings creating a sentiment of alienation among
Thornhill-Markham residents who would be a sizeable minority dominated by
another municipality;
Now
therefore be it resolved:
1) That the City of
Markham reaffirm its support for the historical importance of Thornhill; and,
2) That the City of
Markham reaffirm its support for the integrity of maintaining intact, all of
that part of Thornhill currently known as Ward 1 and 2 municipally; and,
3) That the City of
Markham reaffirm its support for the boundaries of the current, existing
Federal Riding of Thornhill; and further,
4) That a copy of this
Resolution be forwarded to the Federal Election Commission, the Prime Minister
of Canada, Members of Parliament for the Federal Ridings of Thornhill, Vaughan
and Markham-Unionville.
MOTION WITHDRAWN
8. NOTICES OF MOTIONS
(1) STRATEGIC
LITIGATION AGAINST PUBLIC PARTICIPATION (SLAPP) (8.0)
Moved by Councillor
Howard Shore
Seconded by Councillor
Valerie Burke
Whereas Strategic
litigation against public participation (SLAPP) has been defined as a lawsuit
started against one or more persons or groups who speak out or take a position
on an issue of public interest; and,
Whereas the
intent of such litigation is to limit the freedom of expression of the
defendants and neutralize their actions
by resorting to the courts to intimidate them, exhaust their resources and
reduce their means of action by redirecting their energy and finances into
defending a lawsuit and away from their original public criticism; and,
Whereas Strategic
Lawsuits Against Public Participation (SLAPP) are a major impediment to free
speech in Ontario; and,
Whereas these
frivolous lawsuits are a waste of already overburdened Court time and
resources; and,
Whereas concerns
have been raised that SLAPPs also act as a warning to other potential critics,
including Ratepayer Associations and community activists; and,
Whereas SLAPP is
a form of bullying and intimidation, and an abuse of our judicial and
quasi-judicial systems the effect and intent of which is to discourage public
debate; and,
Whereas the SLAPP
experience, already familiar in the United States, first appeared in Canada as
a type of abuse of process, or began to be identified as such, in the 1990s. A number
of companies initiated legal proceedings that fit the definition of a SLAPP in order
to silence groups or citizens who were speaking out on public issues,
especially on environmental, but also municipal or consumer, issues; and,
Whereas abusive
SLAPP lawsuits are an observable reality and constitute a serious threat to the
participation of citizens and groups in public debate; and,
Whereas the
public's right to participate in decision-making in matters of public interest
is a cornerstone of our democratic system; and,
Whereas the only
way to protect the citizen's right to public participation is through the
creation of effective legislation; and,
Whereas Article
25 of the International Covenant on Civil
and Political Rights states:
“Every citizen
shall have the right and the opportunity, without any of the
distinctions
mentioned in article 2 and without unreasonable restrictions:
(a) To take part in the
conduct of public affairs, directly or through freely chosen representatives;
(b) To vote and to be
elected at genuine periodic elections which shall be by universal and equal
suffrage and shall be held by secret ballot, guaranteeing the free expression
of the will of the electors;
(c) To have access, on
general terms of equality, to public service in his country”; and,
Whereas the
province of Quebec and over half of U.S. states have anti-SLAPP legislation;
and,
Whereas the Association
of Municipalities of Ontario has passed a resolution to meet with the
provincial government in order to find solutions to SLAPP intimidation in
Ontario; and,
Whereas more than
60 municipalities in Ontario have passed resolutions calling on the provincial
government to protect citizens and adopt anti-SLAPP legislation; and,
Whereas Yasir Naqvi, Member of Provincial Parliament
for Ottawa Centre, tabled a private member’s bill
on October 15, 2012 – the Protection of Public Participation
Act – that targets Strategic
Lawsuits Against Public
Participation (SLAPPs), and,
Whereas the City
of Markham believes that the right to participate in public affairs is an
essential condition for the effective exercise of the right to freedom of
expression and right of association and implies the free communication of
information and freedom of the press and further, the right to hold opinions
without interference.
Therefore be it resolved that:
1) Council through the Mayor, write to the Attorney General and
Premier of Ontario urging the adoption of
the “Anti-SLAPP Advisory Panel Report to the Attorney General of Ontario dated
October 28, 2012” and enact anti-SLAPP legislation, to discourage
SLAPP intimidation and protect citizens' rights to free speech and participation
in public debate, without fear of frivolous and meritless lawsuits; and,
2) That Council
recommend to the Attorney
General and Premier of Ontario to extend Parliamentary Privilege to members of
municipal Councils where a
member of the Council participates in the exercise of their responsibilities
representing the constituents of their electoral district, and generally, the
carrying out of the functions of his or her responsibilities as Councillor, the
Councillor shall not be held personally liable for SLAPP lawsuits; and further,
3) The City of Markham shall protect the
right to freedom of expression and opinion of any duly elected Councillor,
Regional Councillor or Mayor, exercising his or her responsibilities
representing the constituents of their electoral district, and generally, the
carrying out of the functions of his or her responsibilities as Councillor by
indemnifying, defending and holding harmless said Councillor from any such
frivolous lawsuit.
Note: Council consented to
consider the motion titled "Strategic Litigation Against Public Participation (SLAPP)" when the
staff report on same is being presented to Council for consideration at a
future meeting.
9. COMMUNICATIONS
Council
consented to add Communication No. 70-2012.
Moved by
Councillor Alex Chiu
Seconded by Councillor
Alan Ho
That Council
receive and consent to the disposition of communications in the following
manner:
Received
68-2012 CITY OF MARKHAM
CONGRATULATION MESSAGES (12.0)
Letters
1. David
C. Onley, Lieutenant Governor of Ontario.
2. Dalton
McGuinty, Premier of Ontario.
3. Glen
Murray, Minister of Training, Colleges Universities.
4. Julian
Fantino, M.P. for Vaughan.
5. Vito
Spatafora, Deputy Mayor, Regional & Local Councillor, Town of Richmond Hill.
6. Harold
Albrecht, M.P. for Kitchener-Conestoga.
7. Jobert
Sevilleno, President & CEO and Kristian Alexander, Music Director, Kindred
Spirits Orchestra.
8. Winston
Wen-yi Chen, Director-General, Taipei Economic & Cultural Office, Toronto.
9. Aksel
Rinck, Head of Museum, Town of Nordlingen, Germany.
10. Hermann
Faul, Mayor, Town of Nordlingen, Germany.
11. Carolin
Schober-Mittring, Chairperson, Friends of Markham, Town of Nordlingen, Germany.
CARRIED
69-2012 MINISTER OF
CITIZENSHIP AND IMMIGRANT OF ONTARIO CALLING NOMINATIONS FOR THE 2012 JUNE
CALLWOOD OUTSTANDING ACHIEVEMENT AWARD FOR VOLUNTARISM IN ONTARIO (13.2)
Letter
- The award recognizes exceptional leadership, innovation and
creativity in voluntarism and community service. Deadline for nominations is December 5, 2012.
CARRIED
70-2012 LIQUOR LICENCE
APPLICATION FOR MIFUNE SUSHI RESTAURANT LIMITED, 3160 STEELES AVENUE EAST, UNIT
118 (WARD 8) (3.21)
Info
-
Forwarding a request for the City of Markham to complete the Municipal
Information Form.
(Change of
ownership and application of a liquor licence for indoor areas previously
licenced).
CARRIED
10. PROCLAMATIONS
(1) PROCLAMATION
REQUESTS (3.4)
Moved by
Councillor Alex Chiu
Seconded by Councillor
Carolina Moretti
1) That the following proclamations issued by the City Clerk in
accordance with the City of Markham Proclamation Policy be received for
information purposes:
- Ontario Public Library Week (October 14 to 20, 2012)
- Character Community Week (October 22 to 27, 2012)
- Restorative
Justice Week (November 18 to 25, 2012).
CARRIED
11. NEW/OTHER BUSINESSES
Council
consented to add New/Other Businesses Item Nos. 5 and 6.
(1) WYKLAND
ESTATES INC.
WEST OF CORNELL CENTRE BLVD.,
SOUTH OF 16TH AVENUE
CORNELL COMMUNITY, FILE
NUMBER: ZA 12-124233 (10.5)
Memo
Moved by Regional
Councillor Gord Landon
Seconded by Councillor
Alan Ho
1) That the memorandum
dated October 16, 2012 titled "Wykland Estates Inc., West of Cornell
Centre Blvd., south of 16th Avenue, Cornell Community, File Number:
ZA 12-124233" be received; and,
2) That the 2011 servicing
allocation for 224 single detached units (828.8 population), 96 Semi-detached
units (289.92 population) and 164 townhouse units 462.48 population) for a total
of 484 units (1,581.2 population) be granted to Plan of Subdivision 19TM-10002
– Phase 2, 3 and 4 (Wykland Estates Inc.) from the total allocation for the
Cornell Secondary Plan, assigned in accordance with the June 26, 2012 staff
report on servicing allocation.
(See By-law 2012-189)
CARRIED
(2) CORNELL
ROUGE DEVELOPMENT CORP
SOUTH OF WHITES HILL AVENUE
WEST OF DONALD COUSENS PARKWAY
CORNELL COMMUNITY, FILE
NUMBER: ZA 12-131562 (10.5)
Memo
Moved by Councillor
Colin Campbell
Seconded by Regional
Councillor Gord Landon
1) That the memorandum
dated October 16, 2012 titled "Cornell Rouge Development Corp, south of
Whites Hill Avenue, west of Donald Cousens Parkway, Cornell Community, File
Number: ZA 12-131562" be received; and,
2) That the 2011 servicing
allocation for 147 single detached units (543.9 population), 16 Semi-detached
units (48.32 population) and 68 townhouse units (191.76 population ) be granted
to Plan of Subdivision 19TM-08002 – Phase 4C (Cornell Rouge Development Corp)
from the total allocation for the Cornell Secondary Plan, assigned in
accordance with the June 26, 2012 staff report on servicing allocation.
(See By-law 2012-190)
CARRIED
(3) PART
OF BLOCK 7, PLAN 65M-4294,
DESIGNATED AS PART 1 ON PLAN
65R-33837
(ARYEH CONSTRUCTION LIMITED)
(8.5 AND 10.6)
Notices of Proposed Sale
Town of Markham
Proposed Sale of Surplus Real Property
(Pursuant to By-law 178-96)
Moved by Councillor
Don Hamilton
Seconded by Councillor
Valerie Burke
1) That the
notice of proposed sale for the Town owned lands legally described as Part of
Block 7, Plan 65M-4294, designated as Part 1 on Plan 65R-33837 be confirmed.
(Item No. 1, Report No. 48)
CARRIED
(4) PUBLIC
INFORMATION MEETING MINUTES - OCTOBER 9, 2012
(LANE NAMING EAST OF MAIN STREET UNIONVILLE) (10.14)
Minutes
Moved by Councillor
Don Hamilton
Seconded by Regional
Councillor Jim Jones
1) That the Public Information Meeting
minutes dated October 9, 2012 regarding Lane Naming East of Main Street
Unionville be received; and,
2) That 141, 143, 145 Main
Street Unionville retain their addresses; and,
3) That the Lane east of
Main Street Unionville not be renamed; and further,
4) That staff report back
with options to identify the subject areas for emergency services.
CARRIED
(See following to consider the matter)
Moved by Councillor Don Hamilton
Seconded by Deputy Mayor Jack Heath
That Council consider the item titled "Public Information Meeting
Minutes - October 9, 2012 (Lane Naming
East of Main Street Unionville)" immediately following the
delegation with respect thereto.
CARRIED
(5) CANCELLATION
OF NOVEMBER 19, 2012
DEVELOPMENT SERVICES PUBLIC
MEETING (16.0)
Council
consented to cancel the Development Services Public Meeting scheduled for November
19, 2012, 7:00 pm as the Achievement and Civic Recognition Awards (ACRA) are
being held at the same time.
(6) ABEYANCE
LIST FOR PENDING ITEMS (16.0)
Council
requested an update on the Abeyance List for pending items and staff agreed to
provide the list to Members of Council in the near future.
12. BY-LAWS
Council
consented to add By-laws 2012-195 and 2012-196.
Moved by
Councillor Alex Chiu
Seconded by Councillor
Carolina Moretti
That By-laws
2012-189 to 2012-193 and 2012-196 be given three readings and enacted; and,
That the
request to withdraw By-law 2012-195 be approved.
CARRIED
Three Readings
BY-LAW 2012-189 WYKLAND ESTATES INC. HOLD REMOVAL BY-LAW , WEST OF CORNELL CENTRE
BLVD., SOUTH OF 16TH AVENUE, CORNELL COMMUNITY, 19TM-10002
By-law
- A by-law to amend By-law 177-96, as
amended, to permit residential development.
(Other Business Item No. 1)
CARRIED
BY-LAW 2012-190 CORNELL ROUGE DEVELOPMENT CORP. HOLD REMOVAL BY-LAW, SOUTH OF
WHITES HILL AVENUE, WEST OF DONALD COUSENS PARKWAY
By-law
- A by-law to amend By-law 177-96, as
amended, to permit residential development
(Other Business Item No. 2)
CARRIED
BY-LAW 2012-191 A BY-LAW TO AMEND SIGN BY-LAW 2002-94 (ADMINISTRATIVE AMENDMENTS)
By-law
CARRIED
BY-LAW 2012-192 ROAD DEDICATION BY-LAW
By-law
- A by-law to dedicate certain lands as part
of the highways of the Town of Markham (Block 33, Plan 65M-4063 - Lane B; Block
380, Plan 65M-3759 - Toulouse Court; Block 381, Plan 65M-3759 - Lane BB; Block
382, Plan 65M-3759 - Highbury Court; Block 383, Plan 65M-3759 - Lane CC; Block
384, Plan 65M-3759 - Chauncey Court).
CARRIED
BY-LAW 2012-193 ROAD DEDICATION BY-LAW
By-law
- A by-law to dedicate certain lands as part
of the highways of the Town of Markham (Blocks 64 and 65, Plan 65M-4216 -
Stoney Creek Drive; Blocks 66 and 69, Plan 65M-4216 - Yen Way; Blocks 67 and
70, Plan 65M-4216 - Williamson Road; Block 72, Plan 65M-4216 - Sedore Street;
Block 23, Plan 65M-4215 - Desjardin Drive; Block 24, Plan 65M-4215 - Sedore
Street; Block 25, Plan 65M-4215 - Darren Hill Trail; Blocks 169 and 170, Plan
65M-4025 - Darren Hill Trail; Blocks 171 and 172, Plan 65M-4025 - Cornflower
Street; Blocks 173 and 174 - Williamson Road; Block 175, Plan 65M-4025 - Stoney
Creek Drive; Block 176, Plan 65M-4025 - Arbour Drive; Blocks 177 and 178, Plan
65M-4025 - Swan Park Road).
CARRIED
BY-LAW 2012-195 A BY-LAW TO APPOINT MUNICIPAL LAW ENFORCEMENT OFFICERS FOR THE
CITY OF MARKHAM
(Repeals By-law 2002-278)
(Item No. 2, Report No. 49)
WITHDRAWN
BY-LAW 2012-196 A BY-LAW TO PROHIBIT THE DISPLAY, MARKETING FOR SALE, OR SALE OF
IMITATION AND REPLICA FIREARMS IN THE CITY OF MARKHAM
By-law
(IMITATION AND REPLICA FIREARM BY-LAW)
(Item No. 5, Report No. 49)
CARRIED
13. IN-CAMERA ITEMS
Moved by Councillor
Carolina Moretti
Seconded by Councillor
Howard Shore
That an item
be added to the in-camera agenda as No. 3 regarding a proposed acquisition or
disposition of property.
CARRIED
(2/3 Vote was
requested & obtained)
Moved by Regional
Councillor Joe Li
Seconded by Regional
Councillor Jim Jones
That, in
accordance with Section 239 of the Municipal Act,
Council resolve into an in-camera session to discuss the following matters: (8:03
p.m.)
(1) MINUTES OF IN-CAMERA COUNCIL MEETING -
OCTOBER 3 2012
(2) LITIGATION OR POTENTIAL LITIGATION,
INCLUDING MATTERS
BEFORE ADMINISTRATIVE
TRIBUNALS, AFFECTING THE MUNICIPALITY
OR LOCAL BOARD
[Section 239 (2) (e)]
(3) A PROPOSED OR PENDING ACQUISITION OR
DISPOSITION
OF LAND BY THE MUNICIPALITY OR
LOCAL BOARD
[Section 239 (2) (c)]
CARRIED
Moved by Regional
Councillor Jim Jones
Seconded by Councillor
Logan Kanapathi
That
Council rise from in-camera session and report. (8:45 p.m.)
CARRIED
Council
reported the following items from in-camera session:
COUNCIL
- October 16, 2012
(1) MINUTES OF IN-CAMERA COUNCIL MEETING -
OCTOBER 3 2012 (16.0)
[Section 239 (2) (g)]
Moved by Councillor
Don Hamilton
Seconded by Regional
Councillor Gord Landon
1) That the minutes of the
in-camera Council meeting held on October 3, 2012, be confirmed.
CARRIED
DEVELOPMENT
SERVICES COMMITTEE- October 9, 2012
(2) LITIGATION
OR POTENTIAL LITIGATION, INCLUDING MATTERS
BEFORE ADMINISTRATIVE
TRIBUNALS, AFFECTING THE MUNICIPALITY
OR LOCAL BOARD
(MINOR VARIANCE
APPEAL, 18 SIR ISAAC GATE A/143/12) (10.12)
[Section 239 (2) (e)]
Moved by Councillor
Colin Campbell
Seconded by Councillor
Alan Ho
1) That the report titled “Minor Variance
Appeal, 18 Sir Isaac Gate, A/143/12” be received; and,
2) That Council direct staff not to attend
the Ontario Municipal Board (OMB) Hearing regarding the decision of the
Committee of Adjustment to approve Minor Variances to permit:
(a) A
minimum flankage yard setback of 8.3 feet, whereas the By-law requires a
minimum flankage yard setback of 10 feet;
(b) A
maximum building height of 9.9 metres, whereas the By-law permits a maximum building
height of 9.8 metres;
(c) A
maximum lot coverage of 38 percent, whereas the By-law permits a maximum lot
coverage of 35 percent;
(d) A
maximum net floor area ratio of 49.5 percent, whereas the By-law permits a
maximum net floor area ratio of 45 percent;
(e) A
minimum front yard setback of 20 feet, whereas the By-law requires a minimum
front yard setback of 25 feet; and further,
3) That Staff be authorized
and directed to do all things nessasary to give effect to this resolution.
CARRIED
COUNCIL
- October 16, 2012
(3) PROPOSED
ACQUISITION OF A PROPERTY (8.6)
Moved by Councillor
Valerie Burke
Seconded by Councillor
Howard Shore
1) That
the confidential report dated October 16, 2012 from the Chief Administrative
Officer and City Solicitor regarding the acquisition of a property be received;
and,
2) That staff be authorized to proceed as
directed by Council on October 16, 2012.
CARRIED
14. CONFIRMATORY BY-LAW
Moved by
Councillor Alex Chiu
Seconded by Councillor
Valerie Burke
That By-law 2012-194
be given three readings and enacted.
Three Readings
BY-LAW 2012-194 A BY-LAW TO CONFIRM THE PROCEEDINGS OF THE COUNCIL MEETING OF OCTOBER
16, 2012.
By-law
CARRIED
15. ADJOURNMENT
Moved by Councillor Alex Chiu
Seconded by Deputy
Mayor Jack Heath
That the Council meeting be adjourned at 8:46 p.m.
CARRIED
_______________________________ _______________________________
MARTHA PETTIT FRANK
SCARPITTI
ACTING CITY CLERK MAYOR
(Signed)