COUNCIL MINUTES
November
20, 2012, 7:00 p.m.
Council
Chamber, Anthony Roman Markham Civic Centre
Meeting No. 20
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
Jim Baird, Commissioner of
Development Services
Catherine Conrad, City
Solicitor
Brenda Librecz, Commissioner
of Community and Fire Services
Trinela Cane, Commissioner
of Corporate Services
Joel Lustig, Treasurer
Martha Pettit, Acting City
Clerk
Alida Tari, Council and
Committee Coordinator
Stephen Huycke, Acting
Deputy Clerk
Dennis Flaherty, Director of
Communications and Community Relations
Rino Mostacci, Director of
Planning and Urban Design
John Wong, Technology
Support Specialist
Alan Brown, Director of
Engineering
Mark Visser, Senior Manager,
Financial Strategy & Investments
Kitty Bavington, Council and
Committee Coordinator
The regular
meeting of Council convened at 7:24 p.m. on November 20, 2012 in the Council
Chamber. Mayor Frank Scarpitti presided.
Moved by Councillor
Howard Shore
Seconded by Councillor
Don Hamilton
That Council
meeting recess at 7:24 p.m.
CARRIED
Moved by Councillor
Howard Shore
Seconded by Councillor
Don Hamilton
That Council
meeting reconvene at 9:25 p.m.
CARRIED
1. DISCLOSURE OF PECUNIARY INTEREST
(1) None
declared.
2. MINUTES
(1) COUNCIL MINUTES – NOVEMBER 8 AND 13,
2012
Nov
8 Nov
13
Moved by
Councillor Alex Chiu
Seconded by Councillor
Valerie Burke
That the Minutes of the Council Meetings held on November 8 and 13,
2012, 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. 54 – SPECIAL GENERAL COMMITTEE
(November 8, 2012)
Council
consented to separate Item No. 1.
Moved by Councillor
Howard Shore
Seconded by Councillor
Don Hamilton
That Report
No. 54 – Special General Committee comprised of 1 item be received and adopted,
as amended.
(1) WATER
SYSTEMS MANAGEMENT
PRESENTATION #4 STORMWATER
FUNDING OPTIONS (5.5)
Presentation
1) That
the presentation by Robert Muir, Senior Stormwater Management Engineer regarding the Water System Management -
Stormwater Funding Options be received; and,
2) That
the City's flood control strategy consider a 100-year level of service target
for City-wide storm drainage systems, subject to technical feasibility and
approvals as part of future Class Environmental Assessments (EA) which shall
consider different levels of protection; and,
3) That
the City's flood control strategy consider a 5 year level of service target for
Don Mills Channel drainage system based on its original design and consider other
options, subject to technical
feasibility and approval as part of a future Class EA; and,
4) That
the City adopt a 30 year implementation timeframe for its flood control strategy;
and,
5) That
the flood control strategy implement City-wide flood risk reduction projects,
prioritized on the basis of identified risk and cost-effectiveness of
solutions; and,
6) That
the flood control strategy be updated on a 5 year cycle considering projects
identified in completed technical studies and updated budget requirements; and,
7) That
staff proceed with City Wide public
consultation on the following stormwater funding options:
a)
100% City-wide fees
b)
100% Local Charges
c)
75% Local Charges and 25% City-wide fee
8) That
Canada Gas Tax Funding be considered to offset the cost of the above options;
and,
9) That staff meet with the Thornhill Liaison Committee prior
to the City Wide public consultations; and further,
10) That
staff report back following public consultation and recommend a funding option for the flood control strategy.
MOTION DEFERRED
(See following to defer)
Moved by Councillor Howard Shore
Seconded by Councillor Valerie Burke
That Item No. 1, Report No. 54 titled "Water
Systems Management Presentation #4 Stormwater Funding Options" be deferred
to the first Council meeting in January 2013.
(See Communication No. 78-2012)
CARRIED
6(b) REPORT NO. 55 – SPECIAL GENERAL COMMITTEE
(November 12, 2012)
Council consented
to separate Item No. 2. (See following
Item No. 2)
Moved by Councillor
Carolina Moretti
Seconded by Councillor
Colin Campbell
That Report
No. 55 – Special General Committee comprised of 2 items be received and
adopted.
(1) AUTHORIZATION
OF PARKING AUTHORITY AND
CORNELL COMMUNITY CENTRE AND
LIBRARY
PARKING GARAGE (5.0)
Report
1) That the presentation regarding Cornell
Community Centre and Library – Parking Garage Operation be received; and,
2) That Council direct staff to implement
parking rates equivalent to Markham Stouffville Hospital for non-users and
beyond three (3) hours for Cornell Community Centre and Library users; and,
3) That Council direct staff to report
back after one year of operation to verify usage, abuse, revenue and a proposed
Cost Recovery Policy; and further,
4) That staff be authorized and directed
to do all things necessary to give effect to this resolution.
CARRIED
(2) ESTABLISHMENT
OF A PARKING AUTHORITY (2.17)
Report
1) That
the report entitled “Establishment of a Parking Authority” dated October 15,
2012 be received; and,
2) That
the Markham Parking Authority (MPA) not be established as a municipal service
board at this time; and further,
3) That
Staff be authorized and directed to do all things necessary to give effect to this
resolution.
CARRIED
(See following motion which was lost)
Moved by Deputy Mayor Jack Heath
Seconded by Councillor Alex Chiu
That Item No. 2, Report No. 44 titled “Establishment of a Parking Authority” be
referred back to Parking Advisory Committee.
MOTION
LOST
6(c) REPORT NO. 56 – SPECIAL GENERAL COMMITTEE
(November 13, 2012)
Moved by Councillor
Howard Shore
Seconded by Councillor
Valerie Burke
That Report
No. 55 – Special General Committee comprised of 1 item be received and adopted.
(1) MARKHAM
VOTES 2014
INTERNET VOTING PROGRAM (9.0)
Presentation
1) That the presentation entitled
"Markham Votes 2014- Internet Voting Program" be received; and,
2) That Council authorizes the use of
Internet Voting for the Early Voting Period for the 2014 Municipal Elections;
and,
3) That Council authorizes the use of
Optical Scan Vote Tabulators and Vote Recorders for the 2014 Municipal Elections; and further,
4) That staff be authorized to do all
things necessary to give effect to this resolution.
(By-laws 2012-238 and 2012-239)
CARRIED
6(d) REPORT NO. 57 - GENERAL COMMITTEE
(November 19, 2012)
Council consented
to separate Item Nos. 1, 4 and 7. (See following Item Nos. 1, 4 and 7)
Moved by Councillor
Carolina Moretti
Seconded by Councillor
Logan Kanapathi
That Report
No. 57 – General Committee comprised of 8 items be received and adopted.
(1) INTEGRITY
COMMISSIONER
AND COUNCIL CODE OF CONDUCT
(9.0)
Report Attachment
A Attachment
B Attachment
C
1) That
the report entitled “Integrity Commissioner & Council Code of Conduct” be
received for information purposes; and,
2) That
Staff be authorized to proceed with the recruitment of an Integrity
Commissioner, on a retainer basis, using the recruitment model detailed in this
report; and,
3) That
Council adopt the mandate for the Integrity Commissioner included with this
report as Appendix ‘A’; and,
4) That
Council adopt the complaint protocol included with this report as Appendix ‘B’;
and,
5) That
the Council Code of Conduct included with this report as Appendix ‘C’ be
deferred to a Council Workshop in early 2013; and,
6) That
the 2013 costs for the Integrity Commissioner be funded from the existing
operating budget and that staff be authorized to monitor the expenses and that
any adjustments required be considered in the 2014 operating budget process;
and further,
7) That
Staff be authorized and directed to do all things necessary to give effect to
this resolution.
CARRIED
Council consented to add the word "...early..."
before the word "...2013..." in Resolution No. 5.
October
1) That
the Minutes of the October 26, 2012 Budget Sub-Committee be received for
information purposes; and,
2) That Council endorse the following resolution
passed at the October 26, 2012 Budget Sub-Committee Meeting:
“That the following 2013 Celebrate Markham
Grants be approved:
- Tony Roman Hockey Tournament - $5.4 K
- Black History Month - $3 K
- Chinese New Year Celebration- $10 K”.
CARRIED
November
1) That
the Minutes of the November 1, 2012 Markham Live (MISTA) Committee be received
for information purposes; and,
2) That
the Mayor and all Members of Council be appointed to the Request for
Information (RFI) Interview Subcommittee relative to Markham LIVE (MISTA)
Committee.
CARRIED
Report Appendix
A Appendix
B
1) That
taxes totalling approximately $204,150.74 be adjusted under Section 357 (in the
amount of $159,743.40) and Section 358 (in the amount of $44,407.34) of the Municipal Act, 2001 of which the City’s
portion is estimated to be $41,587.82; and,
3) That
the Treasurer be directed to adjust the Collector’s Roll accordingly; and,
4) That
the Markham portion of the taxes be charged to Tax Write-off Account 850 850
7051; and further,
5) That
staff be authorized and directed to do all things necessary to give effect to
this resolution.
CARRIED
Report
1) That
the report dated November 19, 2012, entitled “Interim Spending Authority Pending
Approval of the 2013 Unionville & Markham Village Business Improvement
Areas (B.I.A.) Budgets” be received; and,
2) That Council approve 50% of the 2012
Operating Budget equivalent to the amounts of $128,000 and $152,833 for the
Unionville B.I.A. (UBIA) and Markham Village B.I.A. (MBIA) respectively as
pre-budget approval for the 2013 operating expenditures; and further,
3) That
Staff be authorized and directed to do all things necessary to give effect to
this resolution.
CARRIED
Report
1) That
the report entitled “Contract Extension for the Supply & Delivery of E 10
Gasoline with the York Region Buyers Co-operative CT-09-02” be received; and,
2) That
the contract for supply & delivery of E10 Gasoline be awarded to Ultramar
Ltd. in the estimated amount of $460,937
inclusive of HST; and,
3) That the term of the contract be for a
one (1) year period, effective January 1, 2013 thru to December 31, 2013
subject to budget approval; and,
4) That the Tender process be
waived in accordance with Purchasing By-Law 2004-341, Part II, Section 7.1 (c),
Non-Competitive Procurement, when the extension of an existing contract would
prove more cost effective or beneficial; and,
5) That the 2013 estimated costs
be provided for within the Operations Department Operating Budgets 750-752-4300
for gasoline; and further,
6) That
Staff be authorized and directed to do all things necessary to give effect to
this resolution.
CARRIED
(7) WATER METER BY-LAW REPORT (5.3)
Report Attachment
A Attachment
B Attachment
C
1) That
the report entitled “Water Meter By-law” be received; and,
2) That Council enact the proposed Water
Meter By-law, as described in this report and in the form set out in Attachment
‘A’; and,
3) That Council repeal Sections 25 to 33 in
the current Waterworks System By-law (By-law #1602, Attachment ‘B’) on rules
and regulations for the installation, maintenance, access and reading of water meters;
and further,
4) That Staff be authorized and directed
to do all things necessary to give effect to this resolution.
(By-laws 2012-242 and
2012-243)
CARRIED
(8) FORMER SABISTON LANDFILL SITE – STATUS UPDATE (5.7)
Report Figure
1 Figure
2 Attachment
A
1) That
the report entitled “Former Sabiston Landfill Site – Status Update” be
received; and,
2) That
staff continue to monitor the gas probes at the boundary between the landfill
Site and residential properties at a frequency every two months as per the
approved Ministry of Environment (MOE) Operating and Procedures and Maintenance
Manual for the Site; and,
3) That
staff prepare appropriate signage to be installed within the Site identifying
it as the “German Mills Meadow and Natural Habitat” to assist in the education
and management of public use of these lands as outlined in the report; and,
4) That
the funding available in account 750-101-5399-7028 ‘Settlers Park Landfill Site
Management’ of $367,776 be re-allocated to fund the additional rehabilitation
works identified in the report; and,
5) That
staff be directed to report back on the potential to establish a Community
Liason Committee relative to the former Sabiston Landfill site; and further,
6) That
Staff be authorized and directed to do all things necessary to give effect to
this resolution.
CARRIED
6(e) REPORT NO. 58 - DEVELOPMENT SERVICES
COMMITTEE
(November 20, 2012)
Moved by Regional
Councillor Jim Jones
Seconded by Councillor
Don Hamilton
That Report
No. 58 – Development Services Committee comprised of 3 items be received and
adopted.
(1) DEVELOPMENT
FEE AND BUILDING FEE BY-LAWS
UPDATE (2013) (10.0)
Presentation Report
1) That
the Report titled “Development Fee and Building Fee By-laws Update (2013)”,
dated November 6, 2012 be received; and,
2) That
the amendment to the “Tariff of Fees for Processing Planning Applications,”
By-law 211-83, substantially in the form attached as Attachment "A",
be enacted; and,
3) That
the By-law come into force and take effect on January 1, 2013; and further,
4) That
Staff be authorized and directed to do all things necessary to give effect to
this resolution.
(By-law 2012-244)
CARRIED
(2) RECOMMENDATION
REPORT
CWH MARKHAM DEVELOPMENTS INC.
117 MINGAY AVENUE
DRAFT PLAN OF SUBDIVISION
19TM-11004
FOR SINGLE DETACHED,
SEMI-DETACHED AND TOWNHOUSES
(SU 11 131035) (10.7)
Report
1) That
the report titled “RECOMMENDATION REPORT, CWH Markham Developments Inc., 117
Mingay Avenue, Draft Plan of Subdivision 19TM-11004 for single detached,
semi-detached and townhouses, File No. SU 11 131035 ”, dated November 20, 2012,
be received; and,
2) That
the record of the Public Meeting held on June 19, 2012, regarding the
application for approval of Draft Plan of Subdivision be received; and,
3) That the Mayor and Clerk be authorized to enter into a No
Presale Agreement with the Owner of Plan 19TM-11004 which agreement shall be
registered on title, committing the Owner to:
Not enter into any agreements of purchase and sale with end users for
the lands (residential unit purchasers), until
such time as:
a. the
City of Markham approves a transfer of servicing allocation to this development
that is not dependent upon the construction of infrastructure;
or,
b. i. York Region has advised in writing that it is
no earlier than twelve (12) months prior to
the expected completion of the Southeast Collector Trunk Sewer and,
ii. The Council of the City of Markham has allocated adequate available
water supply and sewage servicing capacity to the subject development;
or,
c. the Regional Commissioner of Environmental Services confirms servicing
capacity for this development by a suitable alternative method and the City of
Markham allocates the capacity to this development;
AND
Not enter into any agreements of purchase and sale with non end
users for the subject lands unless the agreement of purchase and sale contains
a condition that requires the purchaser and any subsequent purchasers to enter
into a separate agreement with the City of Markham, which agreement shall be
registered on title, committing the new Owner to the same terms as set out in
items a, b and c above; and,
4) That
draft plan of subdivision 19TM-11004 submitted by CWH Markham Developments Inc,
be draft approved subject to the conditions outlined in Appendix ‘A’; and,
5) The
Director of Planning and Urban Design, or his designate, be delegated authority
to issue draft approval, subject to the conditions set out in Appendix ‘A’ as
may be amended by the Director of Planning and Urban Design; and,
6) That
the draft plan approval for plan of subdivision 19TM-11004 will lapse after a
period of three (3) years from the date of issuance in the event that a
subdivision agreement is not executed within that period; and further,
7) That
Staff be authorized and directed to do all things necessary to give effect to
this resolution.
CARRIED
(3) RECOMMENDATION
REPORT
SERRA HOMES LIMITED
OFFICIAL PLAN AMENDMENT
REZONING AND SITE PLAN
APPLICATIONS
TO PERMIT A TOWNHOUSE
DEVELOPMENT
23 WATER STREET, MARKHAM
(OP 12 132315, ZA 12 132315
AND SC 12 132315) (10.3, 10.5, 10.6)
Report
1) That
the report dated November 20, 2012 titled “RECOMMENDATION REPORT, Serra Homes
Limited, Official Plan Amendment, Rezoning and Site Plan applications to permit
a townhouse development, 23 Water Street, Markham, File Nos: OP 12 132315, ZA
12 132315 and SC 12 132315”, be received; and,
2) That
the record of the Public Meeting held on May 22, 2012 regarding the
applications submitted by Serra Homes Limited to amend the Official Plan and
Zoning By-law 1229, as amended, be received; and,
3) That
the application (OP 12 132315) submitted by Serra Homes Limited to amend the
Official Plan (Revised 1987), as amended, and the Main Street Markham Secondary
Plan (PD 1-14) for the Markham and Unionville Planning District (Planning
District 1), to permit a townhouse development at 23 Water Street, Markham, be
approved and the draft By-law attached as Appendix ‘B’ be finalized and enacted
without further notice; and,
4) That
the application (ZA 12 132315) submitted by Serra Homes Limited to amend Zoning
By-law 1229, as amended, to permit a townhouse development at 23 Water Street,
Markham, be approved, and the draft By-law attached as Appendix ‘C’ be
finalized and enacted without further notice; and,
5) That
the Site Plan application (SC 12 132315) submitted by Serra Homes Limited to
facilitate a townhouse development at 23 Water Street, Markham be endorsed in
principle, subject to the conditions attached
as Appendix ‘A’; and,
6) That
Site Plan Approval (SC 12 132315) be delegated to the Director of Planning and
Urban Design or designate, to be issued following execution of a site plan
agreement. Site Plan Approval is issued only when the Director, or designate,
has signed the site plan; and,
7) That
2011-2012 servicing allocation for 8 townhouse units be assigned to the
proposed development; and,
8) That
the City reserves the right to revoke or reallocate the servicing allocation
should the development not proceed in a timely manner; and further,
9) That
Staff be authorized and directed to do all things necessary to give effect to
this resolution.
(By-laws 2012-245 and 2012-246)
CARRIED
7. MOTIONS
(1) GTA
SPORTS CENTRE
- BACKGROUND CHECK FOR
PROPONENTS (6.0)
Note: Council
consented to Councillor Don Hamilton withdrawing this motion, and there was no
objection.
The
Notice of this motion was given to Council at its meeting held on November 13,
2012.
Moved by
Councillor Don Hamilton
Seconded by
Regional Councillor Jim Jones
Whereas
Winston Churchill once said “Leadership is demonstrated by behaviour”. This
should guide companies and organizations to hire executives who have
demonstrated the character traits that they would want exemplified by their
leaders. Given the recent corporate scandals throughout the corporate
landscape, the necessity of conducting executive background checks has become
an industry norm. It is imperative for companies and organizations to explore
the past of their potential executives, as they plan for the future; and,
Whereas a
detailed executive background investigation captures, in an in-depth dossier,
an understanding of the risks that are often times inherent when entering into
business relationships that might jeopardize your organizations reputation;
and,
Whereas the
higher the position within a company, the higher the level of scrutiny must be.
A comprehensive background investigation provides information on key personnel,
executive candidates, or potential partners that allow you to make an informed
decision on the future leadership of your company or project,
Recommended
Searches
- County
Criminal History (provincial for Canadian operations)
- Bankruptcy
search
- Credit
Report
- Education
Verification
- Federal
District Court Criminal History
- Media
search
- Motor
Vehicle Report
- National
Criminal Super Search
- OFAC-List
of Specially Designated Nationals and Blocked Persons
- Professional
License/Certification
- Proprietary
Records Search
- References:
Employment, Social Acquaintance, and Neighbours
- SEC
violations search
- Social
Security Number Trace
- State
and Federal civil search (provincial for Canadian operations)
- State
Criminal History (provincial for Canadian operations);
Now therefore be it resolved:
That
staff be directed to carry out a due diligence investigation of a full background check of the proponents’ of the
GTA Sports Centre paying attention to other ventures with sports groups and
municipalities. This study is required so that Council can demonstrate that if
the GTA Sports Centre is financially viable that the present proponents can
meet their financial obligations to the City to pay the debt being incurred by
the City on their behalf.
MOTION WITHDRAWN
8. NOTICES OF MOTIONS
(1) RESCIND
THE FINANCIAL FRAMEWORK FOR THE
PROPOSED GTA SPORTS,
ENTERTAINMENT AND CULTURAL CENTRE (6.0)
Moved by Councillor
Colin Campbell
Seconded by Councillor
Valerie Burke
Whereas the City of Markham at the request of GTA
Sports, Entertainment and Cultural Centre, has developed a Financial Framework
for the proposed Markham, Sports, Entertainment and Cultural Centre, and
Whereas this proposed financial framework has been
subject to considerable study and feedback by all stakeholders, and
Whereas the present financial framework model is not in
the best interest of the City:
Therefore Be It
Resolved That:
·
The previous
approval of the draft financial framework on April 26th, 2012 for
the GTA Centre project be rescinded, and that
·
The City of
Markham have no participation in the financing of the GTA Centre (MSECC)
project, and that
·
All work and
negotiations on operating and cost-sharing agreements related to the GTA Centre
project be terminated, and that
·
The GTA
Sports and Entertainment Centre consortium be advised it may continue to pursue
site plan approval at its sole discretion, cost and risk.
Note: Council consented to
consider this motion at a Council meeting in January 2013.
(2) COMPLETE
THE MARKHAM LIVE VISION &
UPDATE THE DOWNTOWN MARKHAM
CENTRE SECONDARY PLAN (10.0)
Moved by Regional
Councillor Joe Li
Seconded by Regional
Councillor Jim Jones
Motion: That site plan approval for the GTA Centre be deferred
pending the outcome of a Secondary Planning process for the lands east of
Tributary #4, south of the Rouge River Valley, east to Kennedy Road and north
of 407 Highway.
Whereas planning and development within the area (lands south of the Rouge River, commonly called Downtown Markham
and including approximately 125 acres around the Metrolinx hub commonly called
Markham Live, boundaries Kennedy Road on the East, Tributary #4 on the west and
407 Highway on the south) in
Markham Centre has been proceeding on a site by site basis rather than in accordance
with an overall integrated strategy, and,
Whereas a comprehensive vision and plan is needed to
shape and guide development in the area rather than allowing individual
development applications to drive the plan; and
Whereas the area's public realm, streetscape,
transportation and transit infrastructure are being adversely affected
by uncoordinated development;
Therefore Be It Resolved that:
·
The GTA Centre site plan
is deferred until completion of a comprehensive plan and policies for the area with
public input and participation.
·
The visioning and planning for a
new draft updated secondary plan done with total public participation.
·
The City leads the visioning
exercise and planning process and not developer driven.
·
And the consortium be advised it
may continue to pursue site plan approval at its' sole discretion, cost and
risk.
Note: Council consented to
consider this motion at a Council meeting in January 2013.
9. COMMUNICATIONS
Council
consented to add Communication Nos. 77-2012 to 79-2012.
Moved by
Councillor Alex Chiu
Seconded by Councillor
Carolina Moretti
That Council
receive and consent to the disposition of communications in the following
manner:
Referred to all Members of
Council
77-2012 ROAD CLOSURE
REQUEST – MARKHAM SANTA CLAUS PARADE (3.5)
Info
The following roads will be closed on November 24, 2012 to facilitate
the event:
9:00 am to 1:00 pm
·
Hwy 7 east of Wooten Way to west of Hwy
·
Hwy 7 north of Main St North Markham Parkway
·
Wooten Way west of Hwy 7
·
Wideman street north of Hwy 7
·
Christman Court south of Hwy 7
·
Savannah cres north of Hwy 7
·
Jerman Street north of Hwy 7
·
Thomson Court West of Main street
·
Washington street north of Hwy 7
·
Albert Street & Hwy 7
·
Centre Street east of Main street
·
Robinson Street west of Main Street
·
Albert Street north of Hwy 7
·
Dublin Street west of Main Street
7:00 am to 1:00 pm
·
Robinson Street east of Main St Markham to George St
9:00 am
to 1:00 pm
·
Wilson Street west of Main street
·
Bullock Drive west of Main Street
·
Parkway Avenue east of Main street
·
Ramona Blvd west of
George Street
9:30 am to 11:00 am
·
Reeves Drive
10:00 am to 1:00 pm
·
Station Street west of Main Street
·
Beech St west of Main Street
·
Eby Way west of Main Street
·
Springdale Ave west of Main Street
·
Gleason Ave east of Main Street
·
Peter Street, south of 16th Ave
·
David Street west of Main St
·
Pilkey Lane east of Main St
·
Elizabeth Street, south of 16th
Avenue
·
Quarry Stone Ave south of 16th Ave
(Local traffic only)
·
16th Ave east of Mingay Avenue r
·
Heritage Corners north of 16th Ave
(Local traffic only)
·
Main St N east of Deer Park Lane
·
Main St N, east & west of 16th
Avenue
·
Main St. N, north of Bur Oak Ave
CARRIED
78-2012 MARILYN
GINSBURG, ON BEHALF OF GRANDVIEW AREA RESIDENTS ASSOCIATION, BAYVIEW GLEN
RESIDENTS ASSOCIATION, WARD ONE SOUTH THORNHILL RESIDENTS INC. AND GERMAN MILLS
RATEPAYERS ASSOCIATION – REQUESTING DEFERRAL OF THE ITEM TITLED "WATER
SYSTEMS MANAGEMENT PRESENTATION #4 STORMWATER FUNDING OPTIONS" (5.5).
(Item No. 1, Report No. 54)
Email
CARRIED
Received
79-2012 ANNETTE
CACOROVSKI – FORWARDING COMMENTS REGARDING THE ITEM TITLED "INTEGRITY
COMMISSIONER & COUNCIL CODE OF CONDUCT" (9.0).
(Item
No. 1, Report No. 57)
Email
CARRIED
10. PROCLAMATIONS
(1) PROCLAMATION
APPROVED (3.4)
Moved by Councillor
Valerie Burke
Seconded by Councillor
Don Hamilton
That the following proclamation issued by the
City Clerk in accordance with the City of Markham Proclamation Policy be
received for information purposes:
-
International Day of Persons with Disabilities (December 3, 2012).
CARRIED
11. NEW/OTHER BUSINESSES
(1) 2012
MARKHAM SANTA CLAUS PARADE AND FESTIVAL OF LIGHTS (3.5)
Council was
reminded of the Markham Santa Claus Parade being held on November 24, 2012,
followed by the Markham Festival of Lights.
12. BY-LAWS
Council
consented to add By-laws 2012-242 to 2012-246.
Moved by
Councillor Alex Chiu
Seconded by Councillor
Howard Shore
That By-laws
2012-238 and 2012-240 and 2012-242 to 2012-246 be given three readings and
enacted.
Three Readings
BY-LAW 2012-238 A BY-LAW TO AUTHORIZE THE USE OF INTERNET VOTING AS AN
ALTERNATIVE VOTING METHOD DURING THE EARLY VOTE PERIOD FOR THE 2014 MUNICIPAL
ELECTIONS.
By-law
CARRIED
BY-LAW 2012-239 A BY-LAW TO AUTHORIZE THE USE OF OPTICAL SCANNING VOTE TABULATORS
AND VOTE RECORDERS AS AN ALTERNATIVE VOTING METHOD FOR THE 2014 MUNICIPAL
ELECTIONS
By-law
CARRIED
BY-LAW 2012-240 CROWN OF MARKHAM INC. PHASE 2, PART LOT CONTROL EXEMPTION BY-LAW
- A by-law to exempt Blocks 11,
12, 13, 14, 15 and 20, Plan 65M-4314 and Block 123, Plan 65M-4252 from the Part Lot Control Provisions of the Ontario
Planning Act, east of Woodbine Avenue By-pass and south of Donald
Buttress Blvd.
By-law
CARRIED
BY-LAW 2012-242 A BY-LAW TO REGULATE WATER METERS – WATER METER BY-LAW.
By-law
(Item No. 7, Report No. 57)
CARRIED
BY-LAW 2012-243 A BY-LAW TO REPEAL SECTIONS 25 TO 33 FROM WATERWORKS SYSTEM
BY-LAW 1602.
(Replaced by new Water Meter By-law 2012-242)
By-law
(Item No. 7, Report No. 57)
CARRIED
BY-LAW 2012-244 A BY-LAW TO AMEND BY-LAW 211-83, AS AMENDED, A BY-LAW TO
PRESCRIBE THE TARIFF OF FEES FOR THE PROCESSING OF PLANNING APPLICATIONS
By-law
(Item No. 1, Report No. 58)
CARRIED
BY-LAW 2012-245 SERRA HOMES LIMITED, A BY-LAW TO ADOPT OFFICIAL PLAN AMENDMENT
NO. 205, 23 WATER STREET
By-law
- To permit a townhouse development.
(Item No. 3, Report No. 58)
CARRIED
BY-LAW 2012-246 SERRA HOMES LIMITED, A BY-LAW TO AMEND BY-LAW 1229, AS AMENDED,
23 WATER STREET
By-law
- To permit a townhouse development.
(Item No. 3, Report No. 58)
CARRIED
13. IN-CAMERA ITEMS
Moved by Councillor
Carolina Moretti
Seconded by Councillor
Valerie Burke
That, in
accordance with Section 239 (2) of the Municipal Act,
Council resolve into an in-camera session to discuss the following matters (9:54
p.m.):
COUNCIL
– November 20, 2012
(1) A MATTER IN RESPECT OF WHICH A COUNCIL,
BOARD, COMMITTEE OR OTHER BODY
MAY HOLD A CLOSED MEETING UNDER ANOTHER ACT
(MINUTES OF IN-CAMERA COUNCIL
MEETING - NOVEMBER 13, 2012)
[Section 239 (2) (g)]
(2) LITIGATION OR POTENTIAL LITIGATION,
INCLUDING MATTERS
BEFORE ADMINISTRATIVE
TRIBUNALS, AFFECTING THE
MUNICIPALITY OR LOCAL BOARD
(10.3, 10.5, 10.7)
[Section 239 (2) (e)]
GENERAL
COMMITTEE – November 19, 2012
(3) PERSONAL
MATTERS ABOUT AN IDENTIFIABLE INDIVIDUAL, INCLUDING MUNICIPAL OR LOCAL BOARD
EMPLOYEES
(BOARD/COMMITTEE RESIGNATION)
[Section 239 (2) (b)]
(4) PERSONAL
MATTERS ABOUT AN IDENTIFIABLE INDIVIDUAL, INCLUDING MUNICIPAL OR LOCAL BOARD
EMPLOYEES
(BOARD/COMMITTEE APPOINTMENTS)
[Section 239 (2) (b)]
(5) THE SECURITY OF THE PROPERTY OF THE
MUNICIPALITY OR LOCAL BOARD. A PROPOSED
OR PENDING ACQUISITION OR DISPOSITION OF LAND BY THE MUNICIPALITY OR LOCAL
BOARD. ADVISE THAT IS SUBJECT TO
SOLICITOR-CLIENT PRIVILEGE, INCLUDING COMMUNICATIONS NECESSARY FOR THAT PURPOSE
[Section 239 (2) (a) (c) (f)]
(6) PERSONAL
MATTERS ABOUT AN IDENTIFIABLE INDIVIDUAL, INCLUDING MUNICIPAL OR LOCAL BOARD
EMPLOYEES
(QUEEN ELIZABETH II DIAMOND JUBILEE MEDAL NOMINATION)
[Section 239 (2) (b)]
CARRIED
Moved by Councillor
Colin Campbell
Seconded by Councillor
Logan Kanapathi
That Council
rise from the in-camera session and report. (10:37 p.m.)
CARRIED
The items were
reported out as follows:
(1) MINUTES
OF IN-CAMERA COUNCIL MEETING
- NOVEMBER 13, 2012 (16.0)
Moved by Councillor
Valerie Burke
Seconded by
Councillor Alex Chiu
That the minutes of the in-camera Council meeting held on November 13,
2012, be confirmed.
CARRIED
(2) INSTRUCTIONS
REPORT
OMB APPEALS:
(1) TIMES GROUP INC. (1820266 ONTARIO INC.), 4002/4022
HIGHWAY 7 (OPA 11 129271 AND ZA 11 129271
(2) LEE DEVELOPMENTS (UNIONVILLE DEVELOPMENT
CORPORATION), 3972 HIGHWAY 7 (OPA 12 111399 AND ZA 12 111399)
(3) ALEX SHAW (2124123 ONTARIO LIMITED),
3940 HIGHWAY 7 (OPA 07 134436, ZA 07 134461 AND SU 07 134454)
NORTH SIDE OF HIGHWAY 7 IN THE VICINITY OF VILLAGE PARKWAY
(10.3, 10.5, 10.7)
Moved by Councillor
Howard Shore
Seconded by Regional
Councillor Joe Li
1) That
the report dated November 6, 2012 entitled “Instructions Report, OMB Appeals,
Times Group Inc. (1820266 Ontario Inc,), 4002/4022 Highway 7; Lee Developments
(Unionville Development Corporation), 3972 Highway 7; Alex Shaw (2124123
Ontario Limited), 3940 Highway 7; North side of Highway 7 in the vicinity of
Village Parkway”, be received; and,
2) That
the City Solicitor or her designate be directed to attend the OMB hearing and
to hire expert witness(es) if available, to oppose the applications by Times
Group Inc., Lee Developments, and Alex Shaw and indicate to the OMB that the
City does not support the increase in the number of units and overall high
density; and supports an increase in the number of larger size units achieving
higher average square foot per unit and
an evaluation of single family dwellings vs parkland; and
3) That
the City file a motion at the Ontario Municipal Board seeking firstly, an
adjournment of the hearing on the grounds that consideration of the appeals is
premature absent a comprehensive review of development plans and development
opportunities in the area including the lands abutting the subject properties
located within the area of OPA 15 with full public consultation, including
public meetings to facilitate public review of and comment on all necessary
studies and reports, and secondly, an extension of the time for filing witness
statements; and,
4) That
the OMB be requested to hold an evening session to hear public input; and
further,
5) That
Staff be authorized and directed to do all things necessary to give effect to
this resolution.
CARRIED
(3) BOARD/COMMITTEE
RESIGNATION (16.24)
Moved by Deputy
Mayor Jack Heath
Seconded by Regional
Councillor Jim Jones
That
the resignation of Councillor Carolina Moretti from the Canada Day Committee
be received with regret for information purposes.
CARRIED
On behalf of Council, Mayor Frank Scarpitti thanked Councillor Carolina
Moretti for all her dedicated years of service on the Canada Day Committee.
(4) BOARD/COMMITTEE
APPOINTMENTS (16.24)
Moved by
Councillor Alex Chiu
Seconded by Councillor
Carolina Moretti
1) That the following persons be appointed
to the Environmental Advisory Committee:
|
Name
|
Term
|
|
Mark Angelini
|
November 30,
2016
|
|
Karl Lyew
|
November 30,
2016
|
;
and,
2) That the following persons be appointed
to the Seniors Hall of Fame Committee:
|
Name
|
Term
|
|
Pearl Mantell
|
November 30,
2016
|
|
Jim Dornan
|
November 30,
2015
|
|
Angie Hever
|
November 30,
2014
|
|
Zavina Kheir
|
November 30,
2015
|
; and further,
3) That the following persons be appointed
to the Board of Management of the Unionville Business Improvement
Area:
|
Name
|
Term
|
|
Tom Vasilovsky
|
November 30,
2014
|
|
Paul Vasilovsky
|
November 30,
2014
|
CARRIED
(5) SECURITY
OF THE PROPERTY OF THE MUNICIPALITY,
PROPOSED OR PENDING ACQUISITION OR DISPOSITION OF LAND AND
SOLICITOR-CLIENT PRIVILEGE MATTER (8.2)
Moved by Councillor
Carolina Moretti
Seconded by Councillor
Colin Campbell
1) That the confidential report dated November 12, 2012 from
the City Solicitor, Chief Administrative Officer and Commissioner of Community
and Fire Services regarding a security of the
property of the municipality, proposed or pending acquisition or disposition of
land and solicitor-client privilege matter, be received; and,
2) That
staff be authorized to proceed as directed by Council on November 20, 2012.
CARRIED
(6) QUEEN ELIZABETH II
DIAMOND JUBILEE MEDAL NOMINATION (12.2.6)
Moved by Councillor
Carolina Moretti
Seconded by Councillor
Don Hamilton
That staff be authorized to proceed as directed by Council on November
20, 2012 regarding the Queen Elizabeth II
Diamond Jubilee Medal Nomination.
CARRIED
14. CONFIRMATORY BY-LAW
Moved by
Councillor Alex Chiu
Seconded by Councillor
Valerie Burke
That By-law 2012-241
be given three readings and enacted.
Three Readings
BY-LAW 2012-241 A BY-LAW TO CONFIRM THE PROCEEDINGS OF THE COUNCIL MEETING OF NOVEMBER
20, 2012.
By-law
CARRIED
15. ADJOURNMENT
Moved by Councillor Alex Chiu
Seconded by Councillor
Valerie Burke
That the Council meeting be adjourned at 10:42 p.m.
CARRIED
_______________________________ _______________________________
MARTHA PETTIT FRANK
SCARPITTI
ACTING CITY CLERK MAYOR
(Signed)