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Council Minutes

May 1, 2018, 7:00 PM

Council Chamber, Anthony Roman Markham Civic Centre

Meeting No. 9

 

 

Roll Call

Mayor Frank Scarpitti, Deputy Mayor Jack Heath, Regional Councillor Jim Jones, Regional Councillor Joe Li, Regional Councillor Nirmala Armstrong, Councillor Valerie Burke, Councillor Alan Ho (arrived at 7:04 PM), Councillor Don Hamilton, Councillor Karen Rea, Councillor Colin Campbell, Councillor Amanda Collucci (arrived at 7:09 PM), Councillor Logan Kanapathi (arrived at 7:33 PM), Councillor Alex Chiu.

 

 

Staff

Andy Taylor, Chief Administrative Officer

Catherine Conrad, City Solicitor and Acting Director of Human Resources

Trinela Cane, Commissioner of Corporate Services

Brenda Librecz, Commissioner of Community and Fire Services

Brian Lee, Acting Commissioner of Development Services

Joel Lustig, Treasurer

Martha Pettit, Deputy City Clerk

Alida Tari, Acting Manager, Access & Privacy

John Wong, Technology Support Specialist

Bryan Frois, Chief of Staff

Andrea Berry, Senior Manager, Corporate Communications & Community Engagement

Shane Manson, Senior Manager, Revenue & Property Taxation, Financial Services

 

 

The meeting of Council convened at 7:02 PM on May 1, 2018 in the Council Chamber. Mayor Frank Scarpitti presided.

 

 

INDIGENOUS LAND ACKNOWLEDGEMENT

 

We begin today by acknowledging that we walk upon the traditional territories of Indigenous Peoples and we recognize their history, spirituality, culture, and stewardship of the land. We are grateful to all Indigenous groups for their commitment to protect the land and its resources and we are committed to reconciliation, partnership and enhanced understanding.

 

 

 

 

 

1.         DISCLOSURE OF PECUNIARY INTEREST

 

 

 

2.         APPROVAL OF PREVIOUS MINUTES

 

(1)        COUNCIL MINUTES – APRIL 24, 2018

            Minutes

 

            1)         That the Minutes of the Council Meeting held on April 24, 2018, be adopted.

 

Carried

 

 

 

3.         PRESENTATIONS

 

(1)        UNITED WAY TORONTO AND YORK REGION PRESENTATION (12.2.6)

 

Mr. Daniele Zanotti, President and CEO, United Way Toronto & York Region, provided an update on United Way's work in the community and thanked Council for their support and campaign.

 

Mayor Frank Scarpitti on behalf of all Members of Council thanked Mr. Daniele Zanotti, for all his work and the great success, and to continue the good work.

 

Moved by Deputy Mayor Jack Heath

Seconded by Regional Councillor Jim Jones

 

1)         That the presentation of Mr. Daniele Zanotti, President and CEO, United Way Toronto & York Region, be received.

 

Carried

 

 

 

 

4.         DEPUTATIONS

 

There were no deputations.


 

5.         COMMUNICATIONS

 

Moved by Councillor Colin Campbell

Seconded by Councillor Karen Rea

 

That Council receive and consent to the disposition of communications in the following manner:

 

 

9-2018             TEMPORARY EXTENSION APPLICATION (LIQUOR SALES LICENCE) FOR FLETCHER’S FIELDS, 2743 19TH AVENUE (WARD 2) (3.21)

            Info

 

Request for a non-objection letter from the City of Markham to extend their existing liquor licence to encompass the south parking lot and grandstand of Fletcher's Fields rugby park at 2743 19th Avenue.  The proposed extension will be utilized during the Toronto Wolfpack Rugby League Match on May 5, 2018.

 

Carried

 

 

 

6.         PROCLAMATIONS

 

 

(1)                    PROCLAMATIONS AND FLAG RAISING REQUESTS (3.4)

 

Moved by Regional Councillor Jim Jones

Seconded by Regional Councillor Nirmala Armstrong

 

1)         That the following proclamations, issued by the City Clerk in accordance with the City of Markham Proclamation Policy, be received for information purposes:

 

            - Armenian National Day (May 26, 2018)

            - Franco-Ontarian Day (September 25, 2018)

 

2)         That the following new request for proclamation be approved and added to the Five-Year Proclamations List approved by Council:

 

            - Innovation Week in the City of Markham (May 7-13, 2018)

 

3)         That the following requests for flags to be raised at the Anthony Roman Markham Civic Centre flagpole, approved by the City Clerk in accordance with the City of Markham Community Flag Raisings & Flag Protocol Policy, be received for information purposes:

 

            - Armenian National Day (May 26, 2018)

            (Organized by Armenian National Community)

 

            - Franco-Ontarian Day (September 25, 2018)

            (Organized by Association francophone de la region de York)

 

 

4)         That the following new request for a flag to be raised at the Anthony Roman Markham Civic Centre flagpole be approved and added to the Five-Year List of Request to Raise Flag approved by Council:

 

            - ALS Double Play 5km Intentional Walk (June 9 - 16, 2018)

            (Organized by ALS Double Play)

 

Carried

 

 

7(A)     REPORT NO. 17 - GENERAL COMMITTEE (April 23, 2018)

 

Moved by Deputy Mayor Jack Heath

Seconded by Councillor Colin Campbell

 

That the report of the General Committee Meeting comprised of 4 items be received & adopted, except for Item Nos. 2 and 4 (See Item Nos. 2 and 4).

 

(1)        002-S-18 FIRE PUMPER APPARATUS
PURCHASE AGREEMENT FOR FIVE YEARS (7.12)

            Report

 

1)         That the report entitled “002-S-18 Fire Pumper Apparatus Purchase Agreement for Five Years” be received; and,

 

2)         That supply of One (1) Fire Pumper Apparatus be awarded to Safetek Emergency Vehicles (“Safetek”) in the total amount of $763,722.97 CAD dollars inclusive of HST ($596,658.57 USD); and,

 

3)         That the funds for the Fire Pumper Apparatus award be provided from account 057-6150-18246-005 “Corporate Fleet Replacement-Fire” in the amount of $840,227.47 CAD dollars; and,

 

4)         That the balance remaining in the amount of $76,504.50 ($840,227.47 less $763,722.97) will be returned to original funding source; and,

 

5)         That the tendering process be waived in accordance with Purchasing By-Law 2004-341, Part II, Section 7 (1) (e) which states “where the City is acquiring specialized equipment, in which case the sources of supply may be identified based on technical specifications”; and,

 

6)         That Safetek be the preferred supplier for four (4) additional years (2019-2022) for fire pumper apparatus; and,

 

7)         That the Fire Chief and the Senior Manager of Purchasing & Accounts Payable be authorized to approve annual purchases of new fire pumper apparatus in years 2019-2022 subject to a maximum annual price adjustment that is to be capped based on the percentage change in the posted All-items CPI (Consumer Price Index) for Canada; and further,

 

8)         That Staff be authorized and directed to do all things necessary to give effect to this resolution.

Carried

 

 

 

(2)        THORNHILL VILLAGE LIBRARY
PARKING LOT RESTORATION
- 10 COLBORNE STREET, THORNHILL (3.19)

            Report     Attachment

 

Councillor Valerie Burke thanked staff and requested that an image of a wheat sheaf be included in the concrete pattern.

 

Moved by Deputy Mayor Jack Heath

Seconded by Councillor Colin Campbell

 

1)         That the staff report entitled, Thornhill Village Library Parking Lot Restoration – 10 Colborne Street, Thornhill be received; and,

 

2)         That Council approve the staff recommended option to replace the parking lot surfacing with plain concrete and a drainage system of weeping tiles tied into the storm water system; and,

 

3)         That Council approve the potential shortfall to a maximum amount of $30,000 to be funded from the Life Cycle Replacement and Capital Reserve Fund; and further,

 

4)         That staff be authorized and directed to do all things necessary to give effect to this resolution.

Carried

 


 

(3)        DEVELOPMENT CHARGE
REIMBURSEMENT APPLICATION
-WISMER COMMONS DEVELOPERS GROUP INC. (7.11)

            Report     Appendix A

 

1)         That the report entitled “Development Charge Reimbursement Application – Wismer Commons Developers Group Inc.” be received; and,

 

2)         That Council authorize a City Wide Hard Development Charge reimbursement of $2,063,899 to the Wismer Commons Developers Group Inc. for the construction of intersections, the Roy Rainey Bridge and storm sewers on lands located within the Wismer community, as set out in this report; and,

 

3)         That Council authorize Area Specific Development Charge reimbursements of $1,901,687 from the Wismer and Mount Joy reserves, to the Wismer Commons Developers Group Inc. for the construction of storm and sanitary sewers on lands located within the Wismer community, as set out in this report; and,

 

4)         That Council authorize the Mayor and Clerk to execute a Development Charge Reimbursement Agreement for an immediate reimbursement totalling $3,149,232 to the Wismer Commons Developers Group Inc. comprised of $2,063,899 for City Wide Hard and $1,085,333 for Area Specific Development Charges; and further,

 

5)         That the Mayor and Clerk be authorized to execute an Area Specific Development Charge Reimbursement Agreement relating to the Mount Joy area for $816,354 ($1,901,687 - $1,085,333), in accordance with the City’s Development Charge Credit and Reimbursement Policy, with the Wismer Commons Developers Group Inc., or their successors in title, to the satisfaction of the Treasurer and City Solicitor.

 

Carried

 

 


 

(4)        MUNICIPAL ACCOMMODATION TAX (MAT)
CONSULTATION (7.0)

            Presentation     Report

 

Discussion on the matter ensued with staff providing clarification on the start of the implementation date, the creation of the Municipal Services Corporation (MSC) and how the funds collected will be used.

 

Moved by Deputy Mayor Jack Heath

Seconded by Councillor Alan Ho

 

1)         That the presentation by Mr. Shane Manson, Senior Manager, Revenue & Property Taxation and Mr. Stephen Chait, Director, Economic Growth, Culture & Entrepreneurship entitled “Municipal Accommodation Tax (MAT) Stakeholder Consultation Feedback,” be received; and,

 

2)         That the report entitled Municipal Accommodation Tax (MAT) Consultation be received; and,

 

3)         That Council receive the information and feedback obtained during the consultation process undertaken with stakeholders and the hotel industry regarding the four percent (4%) Municipal Accommodation Tax (MAT) in the City of Markham; and,

 

4)         That Council approve a four percent (4%) Municipal Accommodation Tax on all Markham hotels with a target implementation date of January 1st, 2019; and,

 

5)         That Council approve a four percent (4%)  Municipal Accommodation Tax on all Short-term rental providers, subject to Council’s future direction on short-term rental licensing requirements; and;

 

6)         That staff report back with the business case for the purpose of creating a Municipal Services Corporation (MSC), which will operate as the City of Markham’s New Destination Marketing Organization and report back to Council in September 2018; and,

 

7)         That staff be directed to identify the tourist related Capital Projects that are funded by the Municipal Accommodation Tax in September 2018; and further,

 

8)         That staff be authorized and directed to do all things necessary to give effect to these resolutions.

Carried by a recorded vote (11:2)

 

YEAS:             Councillor Valerie Burke, Councillor Alan Ho, Councillor Karen Rea, Regional Councillor Nirmala Armstrong, Regional Councillor Jim Jones, Mayor Frank Scarpitti, Deputy Mayor Jack Heath, Regional Councillor Joe Li, Councillor Amanda Collucci, Councillor Logan Kanapathi, Councillor Alex Chiu. (11)

 

NAYS: Councillor Don Hamilton, Councillor Colin Campbell. (2)

 

 

Council consented to amend the recommendation by adding the following clause:

 

"That staff be directed to identify the tourist related Capital Projects that are funded by the Municipal Accommodation Tax in September 2018; and further,"

 

 

 

 

8.         MOTIONS

 

(1)        MOTION - CONGRATULATORY NOTE – BIRTH OF HRH PRINCE LOUIS OF CAMBRIDGE (12.2.6)

 

Moved by Councillor Alan Ho

Seconded by Regional Councillor Nirmala Armstrong

 

That the rules of procedure be waived in order to add a congratulatory motion regarding the birth of His Royal Highness Prince Louis of Cambridge.

 

Carried

(Carried by a 2/3 vote of Council present)

 

 

Moved by Councillor Valerie Burke

Seconded by Councillor Karen Rea

 

Be it resolved that the Mayor send congratulations on behalf of the City of Markham to His Royal Highness Duke of Cambridge; and Her Royal Highness The Duchess of Cambridge on the birth of their baby, Louis Arthur Charles, His Royal Highness Prince Louis of Cambridge.

 

Carried

 

 

 

9.         NOTICE OF MOTION TO RECONSIDER

 

There were no notices of motions to reconsider.

 

 


 

10.       NEW/OTHER BUSINESS

 

 

(1)        NEW/OTHER BUSINESS - 2018 ADDITIONAL COUNCIL AND STANDING COMMITTEE MEETING DATES: (16.0)

 

Moved by Councillor Karen Rea

Seconded by Councillor Don Hamilton

 

1)         That this matter be deferred to the May 7, 2018 General Committee meeting.

 

Carried

 

 

Council consented to amend the recommendation as follows:

 

"That the following meeting dates be added to the 2018 Council and Standing Committee meeting Calendar:

 

·        Monday July 16, 2018 from 9 am to 3pm - General Committee/Development Services Committee

·        Monday July 16, 2018 at 7:00 pm Council meeting

·        Monday July 23, 2018 from 9 am to 3pm - General Committee/Development Services Committee

·        Monday July 23, 2018 at 7:00 pm Council meeting"

 

Staff advised they would report back on the nature of the items to be brought forward at the above-noted meetings.

 

 

 

(2)        NEW/OTHER BUSINESS – UPDATE ON ART SCULPTURE CHARITY (6.0)

 

Councillor Alan Ho requested an update on the art sculpture Charity. Catherine Conrad, City Solicitor and Acting Director of Human Resources provided an update on the court proceedings and advised that the motion for the injunction was heard in court on May 1, 2018 and the judge has reserved his decision until next week.  The judge has ordered that the sculpture not be moved until his decision has been made.

 

 

 

11.       ANNOUNCEMENTS

 

There were no announcements.

 

 


 

12.       BY-LAWS

 

Moved by Councillor Alex Chiu

Seconded by Councillor Logan Kanapathi

 

That By-laws 2018-34 to 2018-35 be given three readings and enacted.

 

 

Three Readings

 

 

BY-LAW 2018-34      20 FRED VARLEY DRIVE C/O TRIBUTE (UNIONVILLE) LIMITED PART LOT CONTROL BY-LAW

A by-law to designate part of a certain plan of subdivision not subject to Part Lot Control,Parts 1 to 18, on Reference Plan 65R-37749, being part of Block E, Plan 7566 known as 20 Fred Varley Drive

By-law

Carried

 

 

 

BY-LAW 2018-35      ROAD DEDICATION BY-LAW

A by-law to dedicate certain lands as part of the highways of the City of Markham:

1.      Part of Lot 14, Plan 2382, designated as Part 1, Plan 65R-10684 - John Street.

2.      Part of Block 8, Plan M-2909, designated as Part 1, Plan 65R-34810 - Allstate Parkway.

3.      That Part of Block 3, Plan 65M-2909, designated as Part 2, Plan 65R-33618 - Centurian Drive.

By-law

Carried

 

 

 

 

13.       CONFIDENTIAL ITEMS

 

Moved by Deputy Mayor Jack Heath

Seconded by Councillor Alan Ho

 

Council consented to not resolve into private session to discuss the following confidential matters:

 

Carried

 

(1)        MINUTES OF CONFIDENTIAL COUNCIL MEETING
            APRIL 3, 2018 (16.0)

            [Section 239 (2) (b) (c) (e)]

 

 

Council May 1, 2018

 

(2)        PERSONAL MATTERS ABOUT AN IDENTIFIABLE INDIVIDUAL, INCLUDING MUNICIPAL OR LOCAL BOARD EMPLOYEES (BOARDS/COMMITTEES RESIGNATIONS AND APPOINTMENTS) (16.24)

            [Section 239 (2) (b)]

Carried

 

 

 

The confidential items were approved by Council as follows:

 

 

1.         MINUTES OF CONFIDENTIAL COUNCIL MEETING
 APRIL 24, 2018 (16.0)

            Minutes

 

Moved by Deputy Mayor Jack Heath

Seconded by Councillor Alan Ho

 

            1)         That the Confidential Council minutes dated April 24, 2018 be confirmed.

 

Carried

 

 

COUNCIL MAY 1, 2018

 

2.         APPOINTMENTS TO BOARDS/COMMITTEES (16.24)

 

Moved by Deputy Mayor Jack Heath

Seconded by Regional Councillor Nirmala Armstrong

 

1)         That the following persons be appointed to the Box Grove Community Centre Board:

Name                                                  Term

Angelica Gutierrez                                November 30, 2020
Nimisha Patel                                       November 30, 2020
Amber D’Aguiar                                   November 30, 2020

Carried

 

 


 

 

14.       CONFIRMATORY BY-LAW

 

Moved by Councillor Amanda Collucci

Seconded by Councillor Colin Campbell

 

 

That By-law 2018-36 be given three readings and enacted.

 

Three Readings

 

BY-LAW 2018-36      A BY-LAW TO CONFIRM THE PROCEEDINGS OF THE COUNCIL MEETING OF MAY 1, 2018.

By-law

Carried

 

 

15.       ADJOURNMENT

 

 

Moved by Councillor Alex Chiu

Seconded by Councillor Valerie Burke

 

 

That the Council Meeting be adjourned at 8:45 PM.

 

Carried

 

 

 

 

 

 

 

 

 

 

 

 

________________________________              _____________________________

Martha Pettit                                                          Frank Scarpitti

Deputy Clerk                                                          Mayor

 

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