Council
Minutes
November
1, 2017, 7:00 PM
Council
Chamber, Anthony Roman Markham Civic Centre
Meeting No. 14
Alternate
formats for this document are available upon request
Roll
Call
Mayor Frank
Scarpitti, Deputy Mayor Jack Heath, Regional Councillor Jim Jones, Regional
Councillor Nirmala Armstrong, Councillor Valerie Burke, Councillor Alan Ho,
Councillor Don Hamilton, Councillor Karen Rea (left at 8:10 pm), Councillor
Colin Campbell, Councillor Logan Kanapathi.
Regrets
Regional
Councillor Joe Li, Councillor Amanda Collucci, Councillor Alex Chiu.
Staff
Andy Taylor, Chief
Administrative Officer
Catherine Conrad, City
Solicitor and Acting Director of Human Resources
Brian Lee, Acting Commissioner of Development Services
Trinela Cane, Commissioner of
Corporate Services
Brenda Librecz, Commissioner
of Community and Fire Services
Joel Lustig, Treasurer
Kimberley Kitteringham, City
Clerk
Martha Pettit, Deputy City
Clerk
John Wong, Technology
Support Specialist
The meeting of
Council convened at 7:08 PM on November 1, 2017 in the Council Chamber.
Mayor Frank
Scarpitti presided.
1. DISCLOSURE OF PECUNIARY INTEREST
(1) None
declared.
2. APPROVAL OF PREVIOUS MINUTES
(1) COUNCIL MINUTES - OCTOBER 17, 2017
Minutes
Moved by Councillor
Logan Kanapathi
Seconded by Councillor
Valerie Burke
1) That the Minutes of the
Council Meeting held on October 17, 2017, be adopted.
Carried
3. PRESENTATIONS
There were no
presentations.
4. DEPUTATIONS
There were no
deputations.
5. COMMUNICATIONS
Moved by Councillor
Colin Campbell
Seconded by Deputy
Mayor Jack Heath
That Council
receive and consent to the disposition of communications in the following
manner:
Received
31-2017 MEMORANDUM
HOLD REMOVAL BY-LAW"
RULAND PROPERTIES INC. (THE REMINGTON GROUP)
8, 10 & 18 ROUGE VALLEY DRIVE WEST
PLANNING FILE: ZA 17 154828 (10.5)
Memo
Update memorandum dated November 1, 2017 entitled " Hold Removal
By-law, Ruland Properties Inc. (The Remington Group), 8, 10 & 18 Rouge
Valley Drive West , Planning File: ZA 17 154828.
(By-law 2017-94)
Carried
32-2017 LIQUOR LICENCE
APPLICATION FOR CINEPLEX CINEMAS MARKHAM & VIP, 179 ENTERPRISE BOULEVARD,
SUITE 5 (WARD 3) (3.21)
Info
Request
for the City of Markham to complete the Municipal Information Form.
(Expansion of existing liquor licence for indoor areas)
Carried
33-2017 LIQUOR LICENCE
APPLICATION FOR TERRE ROUGE CRAFT KITCHEN, 162 ENTERPRISE BOULEVARD, UNIT 1 (WARD
3) (3.21)
Info
Request
for the City of Markham to complete the Municipal Information Form.
(Expansion of existing liquor licence for indoor areas)
Carried
6. PROCLAMATIONS
There were no
proclamations.
7(A) REPORT NO. 42 - DEVELOPMENT SERVICES
COMMITTEE
(October 16, 2017)
Moved by Regional
Councillor Jim Jones
Seconded by Councillor
Don Hamilton
That Report
No. 42 - Development Services Committee comprised of 2 items be received and
adopted, except Item No. 1. (See
following Item No. 1)
(1) MILLIKEN
CENTRE SECONDARY PLAN UPDATE AND
DRAFT DEVELOPMENT CONCEPT
(10.4)
Presentation Report
Moved by
Regional Councillor Jim Jones
Seconded by
Councillor Don Hamilton
1) That
the written submission from Rosemarie Humphries on behalf of Chris and Louis
Balkos, regarding the Milliken Centre Secondary Plan Update and Draft
Development Concept, be received; and,
2) That
deputations by Jim Karygiannis, Councillor for the City of Toronto, Mary-Flynn Guglietti of McMillan LLP,
representing Pacific Mall, and Pat Dimilta, regarding the Milliken Centre
Secondary Plan Update and Draft Development Concept, be received; and,
3) That
the report dated October 16, 2017 entitled “Milliken Centre Secondary Plan
Update and Draft Development Concept” be received; and,
4) That
the Draft Development Concept for the Milliken Centre Secondary Plan, attached
as Figure 2 to the report dated October 16, 2017 entitled “Milliken Centre
Secondary Plan Update and Draft Development Concept” be released for public
comment as input towards the preparation of the Draft Secondary Plan for
Milliken Centre and guide consideration of planning applications within
Milliken Centre; and,
5) That staff
work with the City of Toronto and all stakeholders such as the Milliken District and Milliken
Advisory Committee in
the preparation of the Secondary Plan; and further,
6)
That staff be
authorized and directed to do all things necessary to give effect to this
resolution.
Carried
(2) MARKHAM
MUSEUM STRATEGIC PLAN (6.7)
Report Appendix
A
1)
That the
presentation by John Linton, TCI Management Consultants, and the deputation by
Randy Barber, representing the Friends of the Museum Board, regarding the
Strategic Plan, be received; and,
2) That
the report entitled, “Markham Museum Strategic Plan”, be received and approved;
and,
3) That
the Museum’s vision and mission statements be endorsed; and,
4) That
Staff bring forward an annual business plan and cost estimates in support of
implementing the Strategic Plan recommendations; and further,
5) That
Staff be authorized and directed to do all things necessary to give effect to
this resolution.
Carried
7(B) REPORT NO. 43 - GENERAL COMMITTEE (October
23, 2017)
Moved by Deputy
Mayor Jack Heath
Seconded by Councillor
Colin Campbell
That Report
No. 43 - General Committee comprised of 7 items be received and adopted, except
Item Nos. 1, 2, 4 and 7. (See following
Item Nos. 1, 2, 4 and 7)
(1) CITY
OF MARKHAM OLDER ADULT STRATEGY (6.0)
Presentation Report
Moved by
Deputy Mayor Jack Heath
Seconded by
Councillor Colin Campbell
1) That
the presentation entitled "Markham's Older Adult Strategy” be received;
and,
2) That the report
entitled “City of Markham Older Adult Strategy” be received; and
3) That Council approve
the City of Markham Older Adult Strategy (Attachment 1); and,
4) That Council support
in principle an Ability-To-Pay model and
direct staff to undertake further analysis to determine impact on all users and
report back; and,
5) That Council support
staff to undertake partnership opportunities with York Region, Province of
Ontario (Ministry of Seniors Affair) and other stakeholders to improve
coordination of Older Adult Services in Markham; and,
6) That Council approve
the age of 65+ as a definition of older adults across all City of Markham
programs and services; and further,
7) That Staff be
authorized and directed to do all things necessary to give effect to this
resolution.
Carried
(2) YORK
REGION COMMUNICATIONS (13.4)
Moved by Deputy Mayor Jack Heath
Seconded by Councillor Colin Campbell
1) That the following communications
from York Region be received for information purposes:
- Public
Health within an Integrated Health System: Response to the Recommendations of
the Minister's Expert Panel on Public Health.
Region
Report Ministers
Expert Panel Report
- Letter
dated October 20, 2017 from York Region Clerk providing information on Public
Health within an Integrated Health System: Response to the Recommendations of
the Minister's Expert Panel on Public Health.
; and,
2) That the City of Markham does not support the Expert Panel on Public Health
recommendations including the separation of Public Health from the York Region structure; and,
3) That Markham Council support York Regional Staff in their
response to the recommendations made by the Minister of Health and Long-Term
Care's Expert Panel on Public
Health; and,
4) That the Regional Chair be requested to arrange a meeting with
the Minister of Health and Long-Term Care to outline the Region's concerns
regarding the Expert Panel on Public
Health's recommendations; and further,
5) That the Minister of Health and Long-Term Care be requested
to hold a province-wide public consultation if they decide to proceed with the
Expert Panel on Public Health's
proposed recommendations.
Carried
Council consented to not consider the
following recommendation from the October 23, 2017 General Committee meeting:
"2) That the City of Markham supports York Region’s position
requesting the Province to not act on any of the recommendations outlined in
the Ministers Expert Panel on Public Heath recommendations."
(3) TERMS
OF USE OF THE MARKHAM PAN AM CENTRE
FOR THE MARKHAM SPORTS HALL OF
FAME (6.0)
Report
1) The report
titled "Terms of Use of the Markham
Pan Am Centre for the Markham
Sport Hall of Fame" be received, and;
2) That Council approve an
Addendum to the Markham Sport Hall of Fame -Terms of Reference for the Terms of
Use of the Markham Pan Am Centre as outlined in Attachment 1, and further;
3) That Staff be authorized
and directed to do all things necessary to give effect to this resolution.
Carried
(4) DIGITAL
MARKHAM STRATEGY – DETAILED IMPLEMENTATION
PLAN AND FUNDING STRATEGY (7.13)
Presentation Report
Moved by
Deputy Mayor Jack Heath
Seconded by
Councillor Colin Campbell
1) That the presentation entitled
"Digital Markham Strategy" be received; and,
2) That the report entitled “Digital Markham Strategy – Detailed
Implementation Plan and Funding Strategy” be received; and,
3) That Staff proceed with the
implementation and deliverables planned to December 31, 2018 as outlined in the
report; and,
4) That Staff provide an annual update to
General Committee on the outcomes of the implementation of the roadmap and
future plans, including funding requirements; and further,
5) That
Staff be authorized and directed to do all things necessary to give effect to
this resolution.
Carried
(5) VACANT
UNIT PROPERTY TAX REBATE CONSULTATION REPORT (7.0)
Report
1) That
the report entitled Vacant Unit Property Tax Rebate Consultation Report be
received; and,
2) That
Council receive the information on the comprehensive consultation process that
was undertaken with the local business community to review the vacancy rebate
program; and,
3) That
Council endorse the elimination of the Vacant Unit Property Tax Rebate program
effective for tax year 2018; and,
4) That
Council endorse a Targeted Vacant Unit Property Tax Rebate Program that is only
for “New Commercial / Industrial Development” for a four (4) year period,
effective January 1st 2018; and,
5) That
staff be authorized to send a copy of this resolution to the Region of York;
and further,
6) That
staff be authorized and directed to do all things necessary to give effect to
these resolutions.
Carried
(6) IN-BOULEVARD
CYCLE TRACK ANNUAL MAINTENANCE POLICY (5.10)
Report
1) That the staff report
entitled, In-Boulevard Cycle Track Annual Maintenance Policy, be received; and,
2) That the Operations and
Maintenance level of service for In-Boulevard Cycle Tracks as identified in
Attachment ‘B’ be endorsed for the 2017-2018 and 2018-2019 winter seasons; and,
3) That staff monitor the
maintenance condition of the Highway 7 cycle tracks over the 2017-2018 and
2018-2019 winter seasons and report back in 2019 on the potential need to
revise the maintenance level of service and policy and the associated budget implications;
and,
4) That the Operations
Department 2018 operating budget be increased by $143,850 to cover the annual
operations and maintenance requirements for the Highway 7 cycle tracks and
wider sidewalks; and,
5) That
the Mayor and Clerk be authorized to execute an agreement with the Regional
Municipality of York (“York Region”) to govern the operations and maintenance
of infrastructure within the Highway 7 boulevard including cycle track,
streetscaping components from Town Centre Boulevard to Sciberras Road, provided
that the form and content of such agreement are satisfactory to the Chief
Administrative Officer and the City Solicitor; and further,
6) That staff be
authorized and directed to do all things necessary to give effect to this
resolution.
Carried
(7) RECRUITMENT
FOR THE POSITION OF THE
COMMISSIONER OF DEVELOPMENT
SERVICES (11.0)
Moved by Deputy
Mayor Jack Heath
Seconded by Councillor
Colin Campbell
1) That a Committee be established for the purpose of
interviewing candidates for the position of the Commissioner of Development
Services; and,
2) That
the following be appointed: the Chair and Vice Chair of Development Services
Committee; Mayor Frank Scarpitti; Regional Councillor
Nirmala Armstrong; Andy
Taylor, Chief Administrative Officer and a representative from the Human
Resources department.
Carried
Council consented to add Regional
Councillor Nirmala Armstrong to the Committee for the purpose of interviewing
candidates for the position of the Commissioner of Development Services.
7(C) REPORT NO. 44 - DEVELOPMENT SERVICES
COMMITTEE
(OCTOBER 30, 2017)
Moved by Regional
Councillor Jim Jones
Seconded by Councillor
Don Hamilton
That Report
No. 44 - Development Services Committee comprised of 1 item be received and
adopted.
(1) NEW
BUSINESS
2017 NATIONAL CONFERENCE FOR
THE CANADIAN COUNCIL
ON PUBLIC PRIVATE PARTNERSHIPS
(CCPPP) (10.0)
1) That
Council approve the attendance of Regional Councillor Jim Jones to attend the
2017 National Conference for the Canadian Council on Public Private
Partnerships (CCPPP) being held November 6 -7, 2017 in Toronto at a cost of
$1,500 (plus HST); and,
2) That
the funding in the amount of $1,500 (plus HST) be funded from account
110-110-5200 (Council Conferences).
Carried
8. MOTIONS
There were no
motions.
9. NOTICE OF MOTION TO RECONSIDER
There was no
notice of motion to reconsider.
10. NEW/OTHER BUSINESS
(1) RETAIL
BUSINESS HOLIDAYS ACT APPLICATION (13.4)
Letter
Moved by Deputy
Mayor Jack Heath
Seconded by Councillor
Colin Campbell
That the following proposed recommendation be postponed to the November
14, 2017 Council Meeting:
1) That the letter dated October 20, 2017 from York Region providing
information regarding the Holiday Shopping By-law be received; and,
2) That the presentation from Jonathan Wheatle, Manager,
Strategic Economic Initiative, York Region regarding the Retail
Business Holiday Act, be received; and further,
3) That the exemptions to the holiday closures under the Retail Business Holiday Act be referred to the Province of
Ontario for their direction and further clarification.
Carried
11. ANNOUNCEMENTS
There were no
announcement.
12. BY-LAWS
Moved by Councillor
Colin Campbell
Seconded by Councillor
Karen Rea
That By-laws 2017-93
and 2017-94 be given three readings and enacted.
Three Readings
BY-LAW 2017-93 A BY-LAW TO AMEND BY-LAW 2016-69, BEING A BY-LAW OF THE CITY OF
MARKHAM TO DESIGNATE CERTAIN LANDS AS A MUNICIPAL CAPITAL FACILITY
(Delete reference to "(b) the date the MCF Agreement is signed")
By-law
Carried
A by-law to amend By-law 2004-196, as amended, to permit a
high-density development accommodating 545 residential condominium units and
ancillary retail uses.
By-law
Carried
13. CONFIDENTIAL ITEMS
Moved by Deputy
Mayor Jack Heath
Seconded by Regional
Councillor Jim Jones
That, in
accordance with Section 239 (2) of the Municipal Act,
Council resolve into a private session to discuss the following confidential matters
(8:11 PM):
(1) MINUTES OF CONFIDENTIAL COUNCIL MEETING
- OCTOBER 17, 2017 (16.0)
[Section 239 (2) (b) (c) (f)]
Council
- November 1, 2017
(2) PERSONAL
MATTERS ABOUT AN IDENTIFIABLE INDIVIDUAL, INCLUDING MUNICIPAL OR LOCAL BOARD
EMPLOYEES (APPOINTMENT TO BOARD/COMMITTEE) (16.24)
[Section 239
(2) (b)]
(3) LITIGATION OR POTENTIAL LITIGATION,
INCLUDING MATTERS BEFORE ADMINISTRATIVE TRIBUNALS, AFFECTING THE MUNICIPALITY
OR LOCAL BOARD – MINOR VARIANCE APPEAL - 1895881 ONTARIO CORP., 20 BUR OAK
AVENUE (WARD 6) (8.0)
[Section 239 (2) (e)]
General
Committee - October 23, 2017
(4) PERSONAL MATTERS ABOUT AN IDENTIFIABLE INDIVIDUAL, INCLUDING
MUNICIPAL OR LOCAL BOARD EMPLOYEES (PROPERTIES FOR
TAX SALE -
REGISTRATION) (7.3)
[Section 239 (2) (b)]
(5) PERSONAL MATTERS ABOUT AN IDENTIFIABLE INDIVIDUAL, INCLUDING
MUNICIPAL OR LOCAL BOARD EMPLOYEES (PROPERTIES FOR
TAX SALE -
UPDATE) (7.3)
[Section 239 (2) (b)]
(6) A PROPOSED OR PENDING ACQUISITION OR DISPOSITION OF LAND BY
THE MUNICIPALITY OR LOCAL BOARD (PROPERTY MATTER) (8.7)
[Section 239 (2) (c)]
Carried
Development
Services Committee - October 30, 2017
(7) LITIGATION OR POTENTIAL LITIGATION, INCLUDING MATTERS BEFORE
ADMINISTRATIVE TRIBUNALS, AFFECTING THE MUNICIPALITY OR LOCAL BOARD – ONTARIO
MUNICIPAL BOARD – 2014 OFFICIAL PLAN – ADDITIONAL MODIFICATIONS (8.0)
[Section 239 (2) (e)]
Moved by Regional
Councillor Jim Jones
Seconded by Deputy
Mayor Jack Heath
That Council
rise from the private session. (8:33 PM)
Carried
The confidential
items were approved by Council as follows:
(1) MINUTES
OF CONFIDENTIAL COUNCIL MEETING
- OCTOBER 17, 2017 (16.0)
Moved by Deputy
Mayor Jack Heath
Seconded by Councillor
Alan Ho
1) That the Council
Confidential Minutes dated October 17, 2017 be confirmed.
Carried
(2) APPOINTMENTS TO BOARDS/COMMITTEES
(16.24)
Moved by Regional
Councillor Nirmala Armstrong
Seconded by Regional
Councillor Jim Jones
1) That the following
persons be appointed to the Markham Public Library Board:
Name Term
Ivy Ho November
30, 2018
Aida Da Silva November
30, 2018
Margret McGrory November
30, 2018; and,
2) That
the following persons be appointed to the Animal Care Committee:
Name Term
Judy
Postello November
30, 2020
Aviva Harari November
30, 2020
3) That
the following person be appointed to the Heintzman House Community Centre
Board:
Name Term
Sheneth
Fernando November
30, 2020
Carried
(3) MINOR
VARIANCE APPEAL
1895881 ONTARIO CORP.
20 BUR OAK AVENUE, WARD 6
FILE NO. A/65/17 (8.0)
Moved by Regional
Councillor Nirmala Armstrong
Seconded by Councillor
Don Hamilton
1) That the confidential report titled “Minor Variance Appeal, 1895881
Ontario Corp., 20 Bur Oak Avenue, Ward 6, File No. A/65/17”, dated September 25,
2017, 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 the requested minor variance application,
provided that the applicant requests the OMB to impose the following condition:
1. That the variances
apply only to the proposed development as long as it remains; and further,
3) That
Staff be authorized and directed to do all things nessasary to give effect to
this resolution.
Carried
(4) PROPERTIES
READY FOR TAX SALE REGISTRATION (7.3)
Moved by Deputy
Mayor Jack Heath
Seconded by Regional
Councillor Jim Jones
1) That the confidential report entitled
“Properties Ready for Tax Sale Registration” be received; and,
2) That the Treasurer commence the
registration process under Section 373 of the Municipal Act, 2001 for the
subject properties listed in Appendix “A” to this report; and,
3) That staff report back after the
mandatory one year period expires to report on the properties that will proceed
to tax sale; and,
4) That staff be authorized and directed
to do all things necessary to give effect to this resolution; and further,
5) That Staff be authorized and directed
to take the actions set out in this report.
Carried
(5) PROPERTIES
FOR
TAX SALE - UPDATE (7.3)
Moved by Councillor
Don Hamilton
Seconded by Councillor
Alan Ho
1) That the confidential report entitled
“Properties for Tax Sale
- Update” be received; and,
2) That staff be
authorized to proceed as directed by Council on November 1, 2017.
Carried
(6) DECLARATION
OF SURPLUS LANDS ADJACENT TO
DIGRAM DEVELOPMENTS MARKHAM
INC.’S
TOWNHOUSE CONDOMINIUM
DEVELOPMENT AT
6232 16TH AVENUE
(BLOCK 25, 65M-3796) (8.7)
Moved by Deputy
Mayor Jack Heath
Seconded by Regional
Councillor Jim Jones
1) That the confidential report entitled
“Declaration of Surplus Lands adjacent to Digram Developments Markham Inc.’s
Townhouse Condominium Development at 6232 16th Avenue (Block 25,
65M-3796)” be received; and,
2) That in
accordance with By-law 178-96 the City declare certain lands described as Part
of Block 28, on Registered Plan 65M-3796, designated as Part 1, 65R-36947 City
of Markham, Regional Municipality of York, as surplus, being lands originally
set out as a reserve, shown as the “Subject Property” on Attachments No. 1 and
2 to this report; and further,
3) That staff be authorized and directed
to do all things necessary to give effect to the foregoing.
Carried
(7) 2014
CITY OF MARKHAM OFFICIAL PLAN
PART 1 – PROPOSED FURTHER
MODIFICATIONS
RECOMMENDED FOR APPROVAL BY
THE
ONTARIO MUNICIPAL BOARD (10.3)
Moved by Regional
Councillor Jim Jones
Seconded by Councillor
Don Hamilton
1) That
the confidential report entitled “2014 City of Markham Official Plan, Part I – Proposed
Further Modifications Recommended for Approval by the Ontario Municipal Board”
dated October 30, 2017, be received; and,
2) That the proposed modifications to the 2014 City of Markham
Official Plan – Part 1, as outlined in Appendix ‘A’ of the report entitled “2014 City of Markham Official Plan, Part I – Proposed Further
Modifications Recommended for Approval by the Ontario Municipal Board” dated October 30, 2017, be endorsed, and forwarded to the Ontario Municipal
Board for approval; and,
3) That staff be authorized to make minor amendments to the
proposed modifications to the 2014 City of Markham Official Plan – Part 1, as
outlined in Appendix ‘A’ provided they are consistent with the intent of the
proposed modifications to be forwarded to the Ontario Municipal Board for
approval, and subject to the approval of the Commissioner of Development
Services and City Solicitor; and,
4) That the intent of Section 3.1.1.3 of the 2014 City of
Markham Official Plan – Part 1, as set out in Appendix ‘B’ be endorsed; and,
5) That the Mayor and Clerk be authorized to execute Minutes of
Settlement with the Berczy Glen Landowners Group and the Toronto and Region
Conservation Authority in a form satisfactory to the Commissioner of
Development Services and the City Solicitor; and,
6) That
staff and legal counsel be authorized and directed to do all things necessary
to give effect to this resolution.
Carried
14. CONFIRMATORY BY-LAW
Moved by Councillor
Logan Kanapathi
Seconded by Councillor
Don Hamilton
That By-law 2017-95
be given three readings and enacted.
Three Readings
BY-LAW 2017-95 A BY-LAW TO CONFIRM THE PROCEEDINGS OF THE COUNCIL MEETING OF NOVEMBER
1, 2017.
By-law
Carried
15. ADJOURNMENT
Moved by Councillor
Logan Kanapathi
Seconded by Councillor
Valerie Burke
That the Council Meeting be adjourned at 8:35 PM.
Carried
__________________________________ ________________________________
Kimberley
Kitteringham Frank
Scarpitti
City
Clerk Mayor
(Signed)