2003-02-14
COUNCIL MINUTES Council Chamber, Civic Centre
Meeting
No. 6
The Special
Meeting of Council called by Mayor D. Cousens was held on February 14, 2003 at
2:30 p.m. in the Council Chamber, Civic Centre. Mayor D. Cousens presided.
(Council
Chamber)
COUNCIL
ROLL
CALL
Mayor D.
Cousens, Deputy Mayor F. Scarpitti, Regional Councillor T. Wong, Regional
Councillor B. O'Donnell, Councillor S. Daurio, Councillor E. Shapero,
Councillor J. Heath, Councillor D. Horchik, Councillor K. Usman, Councillor A. Chiu.
(10)
Regrets
Regional
Councillor G. Landon, Councillor J. Virgilio, Councillor G. McKelvey. (3)
STAFF
J. Livey,
Chief Administrative Officer
J. Baird,
Commissioner of Development
Services
S. Birrell,
Town Clerk
J. Mascarin,
Acting Town Solicitor
P. Miller,
Acting Manager, Secretariat Services
A. Taylor,
Commissioner of Corporate Services
1. DISCLOSURE OF PECUNIARY INTEREST
None declared.
2. COUNCIL
(1) ISSUANCE
OF REASONS AND CERTIFICATE OF
APPROVAL REGARDING JESSAMYN
HOLDINGS
INC. EXPROPRIATION (10.7)
The Town Clerk provided a procedural opinion
as follows:
In my opinion,
the matter before Council does not require re-consideration, based on three
issues:
- The procedural or technical nature of
the matter
- Previous Council decisions and
confirming by-laws
- Lack of confirming by-law on February 11th.
The
certification of reasons for not accepting the conclusion of the Inquiry
Officer is a procedural or technical requirement under subs. 8(2) of the Expropriation Act that must be completed
in order to proceed with the expropriation that Council clearly authorized on
December 10, 2002.
In fact,
Council decided on five separate occasions, by majority vote, to proceed with
various steps to expropriate the property owned by Jessamyn Holdings Inc. Each of these decisions of Council were
confirmed by by-law.
In my opinion,
the latest decision of December 10, 2002, which also was confirmed by by-law,
is still valid and was not overturned by Council’s failure to issue reasons for
not accepting the conclusion of the Inquiry Officer at the February 11th
2003 meeting.
In order for
Council’s decision approving the expropriation to be overturned, a 2/3 majority
vote of Council is necessary. The
motion before Council on February 11 was simply a procedural step in
furtherance of the previous action that had been decided to be undertaken by
Council as an approving authority under the Expropriations
Act.
Council was
unable, due to lack of quorum, to pass the by-law confirming its actions taken
on February 11, 2003.
The Mayor
ruled in accordance with the opinion of the Town Clerk and ruled for the
meeting to proceed.
Councillor D.
Horchik challenged the Chair which was lost and the ruling of the Chair was
sustained.
(See following recorded vote)
(8:2)
YEAS: Mayor
D. Cousens, Deputy Mayor F. Scarpitti, Regional Councillor T. Wong, Regional
Councillor B. O'Donnell, Councillor S. Daurio, Councillor E. Shapero,
Councillor J. Heath, Councillor K. Usman. (8)
NAYS: Councillor D. Horchik,
Councillor A. Chiu. (2)
ABSENT: Regional
Councillor G. Landon, Councillor J. Virgilio, Councillor G. McKelvey. (3)
On a point of
Personal Privilege, Councillor Horchik requested the Chair demand an apology
from Regional Councillor Scarpitti for alleged comments made at the February
11, 2003 meeting of Council.
The Mayor
declined to demand an apology from Regional Councillor Scarpitti.
Councillor
Horchik challenged the Chair which was lost and the ruling of the Chair not to
demand an apology from Regional Councillor Scarpitti was sustained.
(See following recorded vote)
(7:3)
YEAS: Mayor
D. Cousens, Deputy Mayor F. Scarpitti, Regional Councillor T. Wong, Regional
Councillor B. O'Donnell, Councillor E. Shapero, Councillor J. Heath, Councillor
K. Usman. (7)
NAYS: Councillor S. Daurio,
Councillor D. Horchik, Councillor A. Chiu. (3)
ABSENT: Regional
Councillor G. Landon, Councillor J. Virgilio, Councillor G. McKelvey. (3)
Moved by Regional Councillor F. Scarpitti
Seconded by Councillor K. Usman
Whereas Council
for The Corporation of the Town of Markham, sitting as an approving authority
under the Expropriations Act on December 10, 2002, considered the report of the
Inquiry Officer, Gillian Burton, dated November 18, 2002;
And whereas
Council received further representations concerning this matter from the owner
of the subject lands, Jessamyn Holdings Limited, through its legal counsel,
Roger Beaman, and from various other interested parties;
And whereas
Council decided to proceed with the expropriation and has a statutory
obligation to deliver reasons and to issue a Certificate of Approval;
Now therefore
Council provides as follows:
That Council
does not accept the conclusion of the Inquiry Officer that the public benefits
associated with expanding German Mills Settlers Park can be achieved with a
lesser taking and that the expropriation of the entire subject lands therefore
proceed in order to realize these objectives;
And that a
Certificate of Approval be issued in the prescribed form;
And that a
by-law be enacted to expropriate lands legally described as Part of Lot 4,
Concession 3, Town of Markham, Regional Municipality of York and more
particularly described as Lots 1, 2, 3, 4, 5 and 6 on Plan 65M-3596, registered
on August 30, 2002 in the Land Registry Office for the Land Titles Division of
York Region (No. 65).
(By-law 2003-51)
CARRIED
(See following recorded vote)
(6:4)
YEAS: Mayor
D. Cousens, Deputy Mayor F. Scarpitti, Regional Councillor T. Wong, Councillor
E. Shapero, Councillor J. Heath, Councillor K. Usman. (6)
NAYS: Regional Councillor B.
O'Donnell, Councillor S. Daurio, Councillor D. Horchik, Councillor A. Chiu. (4)
ABSENT: Regional
Councillor G. Landon, Councillor J. Virgilio, Councillor G. McKelvey. (3)
3. BY-LAWS
Moved by Regional
Councillor F. Scarpitti
Seconded by
Councillor K. Usman
That By-laws
2003-51 and 2003-57 be given three readings and enacted.
Three Readings
BY-LAW 2003-51 A by-law to expropriate lands required for park purposes at
German Mills Settlers Park (Jessamyn Holdings Inc., Part of Lot 4, Concession
3, more particularly described as Lots 1 to 6 on Plan 65M-3596).
(Resolutions- February 14, 2003)
BY-LAW 2003-57 A by-law to confirm the proceedings of the Special Council
meeting of February 14, 2003 (Jessamyn Holdings Inc. Expropriation).
(Council
Meeting No. 6, 2003)
CARRIED
(See
following recorded vote) (7:3)
YEAS:
Mayor D. Cousens, Deputy Mayor F. Scarpitti, Regional Councillor T.
Wong, Regional Councillor B. O'Donnell, Councillor E. Shapero, Councillor J.
Heath, Councillor K. Usman. (7)
NAYS: Councillor S.
Daurio, Councillor D. Horchik, Councillor A. Chiu. (3)
ABSENT: Regional Councillor G. Landon,
Councillor J. Virgilio, Councillor G. McKelvey. (3)
4. ADJOURNMENT
Moved by
Councillor A. Chiu
Seconded by
Councillor K. Usman
That the
meeting do adjourn.
CARRIED
Council
adjourned at 2:55 p.m.
_________________________________ _____________________________
SHEILA
BIRRELL, TOWN CLERK DON
COUSENS, MAYOR
(Signed)