COUNCIL MINUTES
November
12, 2013, 7:00 p.m.
Council
Chamber, Anthony Roman Markham Civic Centre
Meeting No. 25
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, Councillor Valerie Burke, Councillor Howard Shore,
Councillor Don Hamilton, Councillor Carolina Moretti, Councillor Colin
Campbell, Councillor Alan Ho, Councillor Logan Kanapathi, Councillor Alex Chiu.
REGRETS
Regional
Councillor Gord Landon
STAFF
Andy Taylor, Chief
Administrative Officer
Catherine Conrad, City
Solicitor
Jim Baird, Commissioner of
Development Services
Trinela Cane, Commissioner
of Corporate Services
Brenda Librecz, Commissioner
of Community and Fire Services
Joel Lustig, Treasurer
John Wong, Technology
Support Specialist
Dennis Flaherty, Director of
Communications and Community Relations
Kimberley Kitteringham, City
Clerk
Martha Pettit, Deputy Clerk
The regular
meeting of Council convened at 7:09 p.m. on November 12, 2013 in the Council
Chamber. Mayor Frank Scarpitti presided.
Council observed
a moment of silence for the victims of Typhoon Haiyan in the Philippines. Mayor Scarpitti and Members of Council
advised of various fundraising efforts going on throughout the City and York
Region to support victims of the disaster.
1. DISCLOSURE OF PECUNIARY INTEREST
(1) None
declared.
2. MINUTES
(1) COUNCIL MINUTES – OCTOBER 29, 2013
Minutes
Moved by Councillor
Alex Chiu
Seconded by Councillor
Valerie Burke
1) That the Minutes of the
Council Meeting held on October 29, 2013, 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 - GENERAL COMMITTEE (November
4, 2013)
Moved by Councillor
Carolina Moretti
Seconded by
Regional Councillor Joe Li
That Report
No. 45 – General Committee comprised of 8 items be received and adopted.
(1) STATUS
OF CAPITAL PROJECTS AS OF AUGUST 31, 2013 (7.5)
Report Exhibit A Exhibit B Exhibit C
1) That
the report entitled “Status of Capital Projects as of August 31, 2013” be
received; and,
2) That the amount of $4,150,470 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-DC Capital Contingency
Project be topped up to the approved amount of $250,000; and,
5) That a new Waterworks Capital
Contingency Project be established and be initially funded from the Waterworks
Stabilization/Capital Reserve in the amount of $100,000; and,
6) That a new Engineering Capital
Contingency Project be established and be initially funded from the Development
Charge Reserves in the amount of $100,000; and,
7) That the Capital Budget Control Policy
be amended to reflect the administrative changes authorized by the Chief
Administrative Officer (“CAO”); and,
8) That $127,808 be transferred from the
Waterworks Stabilization/Capital Reserve to the Corporate Operating budget to
reimburse the total amount borrowed to temporarily fund budget shortfalls in
Waterworks projects; and,
9) That the acquisition of land at 14th
Avenue and Middlefield Road for the construction of South East Community Centre
& Library be funded ninety (90) percent from Development Charge Reserves
and ten (10) percent from the Non-DC Growth Reserve Fund; and,
10) That a new reserve entitled "Train
Anti-Whistling Reserve" be established, and the amount of $317,900 be
transferred from the Lifecycle Reserve Fund to the Train Anti-Whistling
Reserve; and,
11) That Staff be authorized and directed to
do all things necessary to give effect to this resolution.
CARRIED
(2) AWARD OF CONTRACT
EXTENSION # 247-S-13
LABORATORY SAMPLING ANALYSIS (7.12)
Report
1) That
the report entitled “Award of Contract Extension #247-S-13 Laboratory Sampling
Analysis” be received”; and,
2) That
the contract for # 247-S-13 Laboratory Sampling Analysis be awarded to
York-Durham Regional Environmental Laboratory in the estimated contract value
of $298,488.00, inclusive of HST for a period of 2 years (2014 – 2015) at the
same firm fixed unit prices per the original contract, subject to Council
approval of the respective year’s budgets:
- 2014
- $149,244.00
- 2015
- $149,244.00; and,
3) That
the Director of Environmental Services and Senior Manager of Purchasing and
Accounts Payable be authorized to extend the renewal for Laboratory Sampling
Analysis for an additional 3 years (2016-2018) with prices adjusted based on
the annual increase in Consumer Price Index-Ontario All Items (CPI); and,
4) That
the award be funded from the Operating Budget accounts as identified within the
Financial Considerations Section; and,
5) That
Staff be authorized to amend the award amounts in years 2014-2018 to reflect
changes to the Operating Budget accounts as approved by Council during the
annual budget process; and,
6) That
the tender process be waived in accordance with Purchasing Bylaw 2004-341, Part
11, Section 7(1) h which states “where it is necessary or in the best interest
of the City to acquire non-standard items or Professional Services from a
preferred supplier”; and further,
7) That
Staff be authorized and directed to do all things necessary to give effect to
this resolution.
CARRIED
(3) AWARD
OF PROPOSAL 134-R-13 TELEPHONE SERVICES (7.12)
Report
1) That the report entitled “Award of Proposal 134-R-13
Telephone Services” be received; and,
2) That the contract for Telephone
Services (134-R-13) be awarded to
the sole bidder, Bell Canada for a three (3) year term with an option to renew
for an additional two years for the total amount of $1,063,631.00
over five years (inclusive of HST) (fixed price of $212,726.20 per year from
2014 to 2018);
- 2014 - $212,726.20 (inclusive of HST)
- 2015 - $212,726.20 (inclusive of HST)
- 2016 - $212,726.20 (inclusive of HST)
- 2017 - $212,726.20 (inclusive of HST)
- 2018 - $212,726.20 (inclusive of HST)
Total: $1,063,631.00 (inclusive of HST); and,
3) That
the fees for telephone services in the amount of $1,010,268 (inclusive of HST
impact, $202,053.60 per year) and $53,363 (inclusive of HST impact, $10,672.60
per year) be funded from operating budget account # 400-404-5105 and account #
400-404-5107, respectively, over a five year term subject to Council approval
of the 2014, 2015, 2016, 2017, and 2018 Operating Budgets; and,
4) That Bell Canada be designated as the preferred vendor for
City’s telephone service needs for the five year term of this contract; and
further,
5) That
Staff be authorized and directed to do all things necessary to give effect to
this resolution.
CARRIED
(4) 2014
INTERIM TAX LEVY BY-LAW (7.3)
Report
1) That Council authorize an interim tax
levy for 2014; and,
2) That the attached by-law be passed to
authorize the 2014 interim tax levy; and further,
3) That staff be authorized and directed to do all things necessary to give
effect to this resolution.
(By-law 2013-171)
CARRIED
(5) SLAUGHTER
OF HORSES FOR
HUMAN CONSUMPTION (16.0)
Letter
1) That
the letter addressed to Dr. Bruce Archibald, President, Canadian Food
Inspection Agency, be endorsed by Council.
CARRIED
(6) TRAFFIC
CONTROL SIGNALS
– PROPOSED BY-LAW AMENDMENTS
(5.12)
Report
1) That
the report entitled “Traffic Control Signals – Proposed By-Law Amendments”, be
received; and,
2) That Schedule 19 of Traffic By-law 106-71, pertaining to
“Traffic Control Signals”, be amended
by including the following intersections:
- Bur
Oak Avenue and Dogwood Street;
- Markham
Road and Edward Jeffreys Avenue;
- Markham
Road at 9350 Markham Road (Markham Museum);
- Bur
Oak Avenue and Mingay Avenue;
- Meadowview
Avenue at 7171 Yonge Street; and,
3) That Schedule 12 of Traffic By-law 106-71, pertaining to
“Compulsory Stops”, be amended by
rescinding the stop controls at the following intersections:
- Bur
Oak Avenue and Mingay Avenue;
- Markham
Road and Edward Jeffreys Avenue; and,
4) That the amended by-laws shall come into force and effect
when the authorized traffic control signals have been energized; and further,
5) That staff be authorized and directed to do all things
necessary to give effect to this resolution.
(By-law 2013-172)
CARRIED
(7) MIRAMAR DRIVE AND PARK
PLACE DRIVE
PROPOSED PARKING PROHIBITION (2.17)
Report
1) That the staff report entitled “Miramar Drive and Park Place Drive Proposed Parking
Prohibition”, be received;
and,
2) That Schedule “C” of Parking By-law 2005-188,
be amended by including the east and north side of Miramar Drive, between Park
Place Drive and Williamson Road; and,
3) That
Schedule “C” of Parking By-law 2005-188, be amended by including the east and
north side of Park Place Drive, between Sunburst Crescent and Williamson Road;
and,
4) That the Operations Department be directed to install
and maintain the appropriate regulatory signs at the subject locations; and,
5) That the cost of materials and installation
for the traffic signs and pavement markings be funded from capital project #
11305 (Traffic Operational Improvements) in the amount of approximately $1,000; and,
6) That the Parking Control Department
be directed to enforce the parking prohibition upon approval of the By-law
amendment and installation of the regulatory signs; and further,
7) That staff be
authorized and directed to do all things necessary to give effect to this
resolution.
(By-law 2013-173)
CARRIED
(8) MARY
ELIZABETH CRESCENT
PROPOSED PARKING PROHIBITION
(2.17)
Report
GC page 86
1) That
the staff report entitled “Mary Elizabeth Crescent Proposed Parking Prohibition”, be received; and,
2) That Schedule “C” of Parking By-law 2005-188, be amended by
prohibiting parking at any time, on the west side of Mary Elizabeth Crescent,
between Morrison Crescent and the property line of #20/22 Mary Elizabeth
Crescent; and,
3) That
the Operations Department be directed
to install and maintain the appropriate regulatory signs at the subject locations;
and,
4) That the cost of materials and
installation for the regulatory signs be funded from capital project # 11305
(Traffic Operational Improvements) in the amount of approximately $500; and,
5) That the Parking Control Department
be directed to enforce the parking prohibition upon approval of the By-law
amendment and installation of the regulatory signs; and further,
6) That staff be authorized and directed to do all things necessary to
give effect to this resolution.
(By-law 2013-174)
CARRIED
6(b) REPORT NO. 46 - DEVELOPMENT SERVICES
COMMITTEE
(November 5, 2013)
Moved by Regional
Councillor Jim Jones
Seconded by Councillor
Don Hamilton
That Report No. 46 – Development Services
Committee comprised of 2 items be received and adopted save and except Item #2.
(1) REQUEST BY STAFF FOR A STREET NAME
CHANGE
FROM CARDREW STREET TO PAPER
BIRCH DRIVE (10.14)
Memo
1) That
the request by Staff to rename Cardrew Street to Paper Birch Drive be approved;
and,
2) That
Staff be authorized and directed to do all things necessary to give effect to
this resolution.
CARRIED
(2) DONALD COUSENS PARKWAY
(MARKHAM BY-PASS) (13.4)
Moved by
Regional Councillor Jim Jones
Seconded by
Councillor Don Hamilton
Whereas the Regional Municipality of York has
constructed Donald Cousens Parkway to by-pass Main Street Markham from north of
Steeles Avenue to Major Mackenzie Drive East; and,
Whereas the Regional Municipality of York is to
complete the Donald Cousens Parkway from Major Mackenzie Drive East to Highway
48 in 2016/2017; and,
Whereas the City of Markham is undertaking the
reconstruction of Main Street Markham from Highway 407 to Major Mackenzie Drive
East; and,
Whereas the City of Markham is designating Main Street
Markham as a local street for access and not for through traffic; and,
Whereas through traffic are continuing to utilize Main
Street Markham, and should be discouraged; and,
Now therefore
be it resolved that:
1) That
the Regional Municipality of York be requested to add the name “Markham
By-Pass” on all signage for the Donald Cousens Parkway including signage on
Highway 407 to encourage residents and commuters to use the Donald Cousens
Parkway (Markham By-Pass) route when they are not destined to Main Street
Markham; and,
2) That
staff be directed to request permission from the City of Toronto to permit
directional signage to be erected on Markham Road south of Steeles Avenue, advising
motorists of the Donald Cousens Parkway (Markham By-Pass) and that the Region
of York be requested to provide the appropriate signage.
CARRIED
Delete
the following motion:
“That
signage also be provided south of Steeles Avenue, and that the Region consider
renaming the road south of Steeles Avenue “Donald Cousens Parkway”.
and
replace with the following revised motion:
7. MOTIONS
There were no
motions.
8. NOTICES OF MOTIONS
There were no
notices of motions.
9. COMMUNICATIONS
Moved by Councillor
Alex Chiu
Seconded by Councillor
Valerie Burke
That Council
receive and consent to the disposition of communications in the following
manner:
Received
66-2013 MEMO REGARDING
THE HOLD REMOVAL BY-LAW FOR JEFF PECHENKOV AND CHRIS PECHENKOVSKI, 18 LEE
AVENUE (10.0)
Memo
-
Commissioner Baird of Development Services provided information and
clarification regarding the application submitted by Jeff Pechenkov and Chris
Pechenkovski, 18 Lee Avenue, and outlined the reasons for recommending that the
Hold (H) provision be lifted with respect thereto.
(By-law 2013-181)
CARRIED
10. PROCLAMATIONS
(1) PROCLAMATION
REQUESTS (3.4)
Moved by Councillor
Logan Kanapathi
Seconded by Councillor
Howard Shore
1) That the following proclamations issued by the City Clerk in
accordance with the City of Markham Proclamation Policy be received for
information purposes:
- Holocaust
Education Week (November 3 to 9, 2013)
- YMCA World Peace Week (November 16 to 23, 2013)
- World Aids Day (December 1, 2013).
CARRIED
11. NEW/OTHER BUSINESS
(1) NOTICES
OF PROPOSED SALE
HUBNER AVENUE, DEDICATED BY
PLAN OF SUBDIVISION 65M-4325
MORE PARTICULARLY DESCRIBED AS
PART 1, 65R-3441 (8.7)
Notices
of Proposed Sale
City
of Markham
Proposed
Sale of Surplus Real Property
(Pursuant
to By-law 178-96)
Moved by Councillor
Carolina Moretti
Seconded by Regional
Councillor Jim Jones
1) That the
notice of proposed sale for the City of Markham owned lands legally described
as Hubner Avenue, dedicated by Plan of Subdivision 65M-4325 more particularly
described as Part 1, 65R-3441, be confirmed.
(By-law 2013-177)
CARRIED
12. BY-LAWS
Moved by Councillor
Alex Chiu
Seconded by Councillor
Alan Ho
That By-laws
2013-168 to 2013-179 and 2013-181 be given three readings and enacted.
Three Readings
BY-LAW 2013-168 ROAD DEDICATION BY-LAW – CASTAN AVENUE
- A by-law to dedicate certain lands as part
of the highways of the City of Markham (Part of Lot 6, Plan 2196, designated as
Part 7, Plan 65R-33679)
By-law
CARRIED
BY-LAW 2013-169 ROAD DEDICATION BY-LAW – ANTHONY ROMAN AVENUE
- A by-law to dedicate certain lands as part
of the highways of the City of Markham (Block 60, Plan 65M-4196, designated as
Parts 1 and 2, Plan 65R-34560)
By-law
CARRIED
BY-LAW 2013-170 MATTAMY (WYKLAND) LIMITED, PART LOT CONTROL EXEMPTION BY-LAW
- A by-law to designate part of a certain
plan of subdivision not subject to Part Lot Control, west of Cornell Centre
Boulevard and north of Highway 7, Blocks 106, 107 and 117, Plan 65M-4375.
By-law
CARRIED
BY-LAW 2013-171 A BY-LAW TO PROVIDE FOR AN
INTERIM TAX LEVY IN 2014
(Item No. 4, Report No. 45)
By-law
CARRIED
BY-LAW 2013-172 A BY-LAW TO AMEND TRAFFIC BY-LAW 106-71
- Include
“Traffic
Control Signals” at the following intersections:
Bur Oak Avenue and
Dogwood Street
Markham Road and
Edward Jeffreys Avenue
Markham Road at 9350
Markham Road (Markham Museum)
Bur Oak Avenue and
Mingay Avenue
Meadowview Avenue
at 7171 Yonge Street
- Rescinding
stop controls at the following intersections:
Bur Oak Avenue and
Mingay Avenue
Markham Road and
Edward Jeffreys Avenue.
(Item No. 6, Report No. 45)
By-law
CARRIED
BY-LAW 2013-173 A BY-LAW TO AMEND PARKING BY-LAW 2005-188
-
Miramar Drive and Park Place Drive Parking Prohibition.
(Item No. 7, Report No. 45)
By-law
CARRIED
BY-LAW 2013-174 A BY-LAW TO AMEND PARKING BY-LAW 2005-188
- Mary
Elizabeth Crescent parking prohibition.
(Item No. 8, Report No. 45)
By-law
CARRIED
BY-LAW 2013-175 A BY-LAW TO DECLARE THE LANDS LEGALLY DESCRIBED AS I) BLOCK 92,
PLAN 65M-3593, AND II) PART OF THE UNNAMED ROAD, PLAN 2196, CITY OF MARKHAM,
REGIONAL MUNICIPALITY OF YORK, SURPLUS TO MUNICIPAL PURPOSES
(Item No. 5, Report No. 42 – October 29, 2013
Council Meeting)
By-law
CARRIED
BY-LAW 2013-176 A BY-LAW TO STOP-UP AND CLOSE A PORTION OF THE HUBNER AVENUE
DEDICATED BY PLAN OF SUBDIVISION 65M-4325 MORE PARTICULARLY DESCRIBED AS PART
1, 65R-34451 CITY OF MARKHAM REGIONAL MUNICIPALITY OF YORK.
(In-camera Item No. 2 – October 29, 2013
Council Meeting)
By-law
CARRIED
BY-LAW 2013-177 A BY-LAW TO DECLARE CERTAIN LANDS LEGALLY DESCRIBED AS HUBNER
AVENUE DEDICATED BY PLAN OF SUBDIVISION 65M-4325 MORE PARTICULARLY DESCRIBED AS
PART 1, 65R-34451 CITY OF MARKHAM, REGIONAL MUNICIPALITY OF YORK, SURPLUS TO
MUNICIPAL PURPOSES.
(New/Other Business Item No. 1)
By-law
CARRIED
BY-LAW 2013-178 UPPER UNIONVILLE INC., NORTHEAST CORNER OF 16TH AVENUE AND
KENNEDY ROAD, PART OF LOT 16, CONCESSION 6 – OFFICIAL PLAN AMENDMENT
- A by-law to
adopt an Official Plan Amendment, to accommodate a mixed commercial and
residential development.
(Item No. 1, Report No. 40 – October 8, 2013 Council Meeting)
OP
CARRIED
BY-LAW 2013-179 UPPER UNIONVILLE INC., NORTHEAST CORNER OF 16TH AVENUE
AND KENNEDY ROAD, PART OF LOT 16, CONCESSION 6 – ZONING BY-LAW AMENDMENT
- A by-law to amend By-law 304-87, as amended
and By-law 177-96, as amended, to accommodate a proposed mixed commercial and
residential development.
(Item No. 1, Report No. 40 – October 8, 2013
Council Meeting)
By-law
CARRIED
BY-LAW 2013-181 JEFF PECHENKOV AND CHRIS PECHENKOVSKI, HOLD REMOVAL BY-LAW, 18
LEE AVENUE
- A by-law to amend By-law 193-81, as amended, to allow for the use of the two new
residential building lots for the purpose of two new detached dwellings.
(Communication No. 66-2013)
By-law
CARRIED
13. IN-CAMERA ITEMS
Moved by Regional
Councillor Jim Jones
Seconded by Councillor
Alan Ho
Council
consented to not resolve into in-camera session and to report out the following
items, as proposed, at open Council session:
(1) MINUTES OF IN-CAMERA COUNCIL MEETING
- OCTOBER 29, 2013 (16.0)
[Section 239 (2) (a) (b) (c) (d) (e) (f) (g)]
GENERAL
COMMITTEE – November 4, 2013
(2) PERSONAL
MATTERS ABOUT AN IDENTIFIABLE INDIVIDUAL, INCLUDING MUNICIPAL OR LOCAL BOARD
EMPLOYEES
(Property Tax Matter Under Section 357 (1) (d.1) of the Municipal Act, 2001) (7.0)
[Section 239 (2) (b)]
(3) PERSONAL
MATTERS ABOUT AN IDENTIFIABLE INDIVIDUAL, INCLUDING MUNICIPAL OR LOCAL BOARD
EMPLOYEES
(Property Tax Matter Under Section 357 (1) (d.1) of the Municipal Act, 2001) (7.0)
[Section 239 (2) (b)]
(4) PERSONAL
MATTERS ABOUT AN IDENTIFIABLE INDIVIDUAL, INCLUDING MUNICIPAL OR LOCAL BOARD
EMPLOYEES
(Property Tax Matter Under Section 373 of the Municipal
Act, 2001) (7.3)
[Section 239 (2) (b)]
CARRIED
Moved by Councillor Carolina Moretti
Seconded by Councillor Colin Campbell
That
the rules of procedure be suspended in order to reopen the in-camera session,
specifically to discuss Item No. 2 of the In-camera agenda.
CARRIED
(2/3 Vote was
requested & obtained)
Moved by Councillor Howard Shore
Seconded by Councillor Valerie Burke
That, in
accordance with Section 239 (2) (b) of the Municipal Act,
Council resolve into an in-camera session to discuss personal matters about an
identifiable individual, including municipal or local board employees (Item No.
2 - Property Tax Matter Under Section 357 (1) (d.1) of the Municipal Act, 2001) (7:27 p.m.)
CARRIED
Moved by
Regional Councillor Jim Jones
Seconded by Councillor
Carolina Moretti
That
Council rise from in-camera session and report. (7:35 p.m.)
CARRIED
Council
reported out the items as follows:
(1) MINUTES
OF IN-CAMERA COUNCIL MEETING
- OCTOBER 29, 2013 (16.0)
Moved by
Regional Councillor Jim Jones
Seconded by
Councillor Alan Ho
1) That the Council In-camera
Minutes dated October 29, 2013 be confirmed.
CARRIED
(2) APPLICATION
4186 UNDER SECTION 357 (1) (D.1)
OF THE MUNICIPAL ACT, 2001 (7.0)
Moved by
Regional Councillor Jim Jones
Seconded by Councillor
Alan Ho
1) That
the confidential report entitled “Application 4186 under Section 357 (1) (d.1) of
the Municipal Act, 2001” be
received; and,
2) That
the application for property tax assistance be denied; and further,
3) That staff be authorized to proceed as
directed by Council on November 12, 2013.
CARRIED
(3) APPLICATION
4194 UNDER SECTION 357 (1)
(D.1) OF THE MUNICIPAL ACT, 2001 (7.0)
Moved by
Regional Councillor Jim Jones
Seconded by
Councillor Alan Ho
1) That
the confidential report entitled “Application 4194 under Section 357 (1) (d.1)
of the Municipal Act, 2001” be
received; and,
2) That
the application for property tax assistance be denied; and further,
3) That
staff be authorized to proceed as directed by Council on November 12, 2013.
CARRIED
(4) PROPERTIES READY FOR TAX SALE REGISTRATION (7.3)
Moved by
Regional Councillor Jim Jones
Seconded by
Councillor Alan Ho
1) That the confidential report
entitled “Properties Ready for Tax Sale Registration” be received; and,
2) That staff be authorized to proceed as directed by Council on November
12, 2013.
CARRIED
14. CONFIRMATORY BY-LAW
Moved by
Councillor Alex Chiu
Seconded by Councillor
Valerie Burke
That By-law 2013-180
be given three readings and enacted.
Three Readings
BY-LAW 2013-180 A BY-LAW TO CONFIRM THE PROCEEDINGS OF THE COUNCIL MEETING OF
NOVEMBER 12, 2013
By-law
CARRIED
15. ADJOURNMENT
Moved by
Councillor Alex Chiu
Seconded by
Councillor Valerie Burke
That the Council Meeting be adjourned at 7:36 p.m.
CARRIED
_________________________________ _______________________________
KIMBERLEY
KITTERINGHAM FRANK
SCARPITTI
CITY CLERK MAYOR
(Signed)