Council
Minutes
March
10, 2015, 7:00 PM
Council
Chamber, Anthony Roman Markham Civic Centre
Meeting No. 8
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, Regional Councillor Nirmala Armstrong, Councillor Valerie
Burke, Councillor Alan Ho, Councillor Don Hamilton, Councillor Karen Rea,
Councillor Amanda Collucci, Councillor Logan Kanapathi, Councillor Alex Chiu.
Regrets
Councillor
Colin Campbell.
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
Dennis
Flaherty, Director of Communications and Community Relations
John Wong,
Technology Support Specialist
Kimberley
Kitteringham, City Clerk
Martha Pettit,
Deputy City Clerk
Raj Raman,
Mayor's Chief of Staff
Fred Rich,
Manager, Strategy and Insurance Risk
Kishor Soneji,
Senior Accountant
Sandra
Skelcher, Acting Manager, Financial Report and Payroll
Pheobe Fu,
Director, Asset Management
The regular
meeting of Council convened at 7:07 PM on March 10, 2015 in the Council
Chamber. Mayor Frank Scarpitti presided.
1. DISCLOSURE OF PECUNIARY INTEREST
(1) None
declared.
2. MINUTES
(1) COUNCIL MINUTES – FEBRUARY 24, 2015
Minutes
Moved by Councillor
Alex Chiu
Seconded by Councillor
Logan Kanapathi
1) That the Minutes of the
Council Meeting held on February 24, 2015, be adopted.
Carried
3. PRESENTATIONS
There were no
presentations.
4. DELEGATIONS
(1) DELEGATION
REGARDING TREE PRESERVATION BY-LAW
- MARION MATTHIAS (2.0)
Marion
Matthias spoke in favour of the City of Markham's Tree Preservation By-law.
(2) DELEGATION
REGARDING RECOMMENDATION FROM
THE LICENSING COMMITTEE
HEARING FOR
16 ORCHARD STREET – SCOTT
KAVANAGH (2.0)
Scott Kavanagh spoke of the reasons for the application to remove a
tree located at 16 Orchard Street.
(See New/Other Business Item No. 3 for
Council's decision on this matter)
5. PETITIONS
There were no
petitions.
6(a) REPORT NO. 13 - GENERAL COMMITTEE (March 2,
2015)
Moved by Deputy
Mayor Jack Heath
Seconded by Councillor
Valerie Burke
That Report
No. 13 – General Committee comprised of 4 items be received and adopted.
(1) 2014 YEAR END REVIEW OF OPERATIONS (7.4)
Presentation Report Appendix
1-12
1) That the presentation by Ms. Andrea
Tang, Manager, Financial Planning entitled “City of Markham 2014 Year End
Review of Operations,” be received; and,
2) That the report
entitled “2014 Year End Review of Operations” be received; and,
3) That the City’s
2014 net unfavourable variance of ($1.348M) be funded from the Corporate Rate
Stabilization Reserve as per the following breakdown:
a. City’s
day-to-day operating surplus $3.078M
b. Year
end accounting accruals and other adjustments ($2.262M)
c. Winter
maintenance unfavourable variance ($2.330M)
d. Projected
Ontario Ice Storm Assistance Program
recovery net of 2014 ice storm related expenditures $0.166M
Total ($1.348M)
; and further,
4) That
Staff be authorized and directed to do all things necessary to give effect to
this resolution.
Carried
(2) DEVELOPMENT CHARGES REIMBURSEMENT
APPLICATION – RICE COMMERCIAL GROUP (7.11)
Report Appendix
A
1) That the report entitled “Development Charges
Reimbursement – Rice Commercial Group” be received; and,
2) That Council authorize a City Wide Hard
Development Charge reimbursement not exceeding $734,595, to the Rice Commercial
Group for the construction and property costs for a 4th Lane on
Honda Boulevard and the construction of an oversized watermain along the
Woodbine By-pass; and,
3) That Council authorize a future City Wide Hard Development
Charge reimbursement not exceeding $82,805 to the Rice Commercial Group for the
construction of an oversized watermain along Honda Boulevard, provided that the
said watermain oversizing is included in the next update of the Development
Charges Background Study due by 2018; and,
4) That the Mayor and
Clerk be authorized to execute a Development Charge Reimbursement Agreement, if
required, in accordance with the City’s Development Charge Credit and
Reimbursement Policy, with the
Rice Commercial Group, or their
successors in title to the satisfaction of the Treasurer and City Solicitor;
and further,
5) That staff
be directed to do all things necessary to give effect to this report.
Carried
(3) SUMMARY OF 2014 REMUNERATION
& EXPENSES FOR COUNCILLORS AND
APPOINTEES TO BOARDS (7.0)
Report Appendix
A Appendix
B
1) That the report
titled “Summary of 2014 Remuneration & Expenses for Councillors and
Appointees to Boards” be received; and,
2) That Staff be
authorized and directed to do all things necessary to give effect to this
resolution.
Carried
(4) CIVIC
CENTRE PEDESTRIAN AND
PARKING LOT IMPROVEMENTS
SCOPE AND TIMING (5.0)
Presentation
1) That
the presentation by Ms. Phoebe Fu, Director, Asset Management entitled “Civic
Centre Pedestrian and Parking Lot Scope and Timing,” be received; and,
2) That
Council authorize staff be to proceed with the work outlined in the
presentation at the Civic Centre; and further,
3) That
staff be directed to do all things necessary to give effect to this resolution.
Carried
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
16-2015 LIQUOR LICENCE
APPLICATION FOR ME VA ME KITCHEN EXPRESS, 169 ENTERPRISE BOULEVARD (WARD 3)
(3.21)
Info
Forwarding a request for the City of Markham to complete the Municipal
Information Form.
(New premises and application of a new liquor licence for indoor areas).
Carried
17-2015 LIQUOR LICENCE
APPLICATION FOR RICH II FINE CUISINE, 4350 STEELES AVENUE EAST, UNIT 1A (WARD 8)
(3.21)
Info
Forwarding a request for the City of Markham to complete the Municipal
Information Form.
(Change of ownership and application of a liquor licence for indoor
areas previously licenced).
Carried
18-2015 ROAD CLOSURE
REQUEST – SHOPPERS DRUG MART RUN FOR WOMEN (3.5)
Info
The following roads will be closed on April 25, 2015 from 5:00 am to
12:00 noon to facilitate the event:
- Carlton Road between Main Street Unionville and south of Pomander Road.
Carried
19-2015 COMMUNICATION -
139 LONGWATER CHASE
(NEW/OTHER BUSINESS ITEM NO. 2) (2.0)
Communication
Providing comments with respect to the recommendation from the February
24, 2015 Licensing Committee for 139 Longwater Chase.
Carried
10. PROCLAMATIONS
There were no
proclamations.
11. NEW/OTHER BUSINESS
(1) RECOMMENDATION
FROM THE FEBRUARY 24, 2015
LICENSING COMMITTEE HEARING
(86 WRENWOOD COURT) (2.0)
Moved by Deputy
Mayor Jack Heath
Seconded by Councillor
Valerie Burke
1) That the following recommendation of
the Licensing Committee from the Hearing held on February 24, 2015 be approved
and adopted:
"a. That the application
to remove two Blue Spruce trees at 86 Wrenwood Court, Markham, be denied; and,
b. That staff offer their
expertise with respect to a reasonable pruning of the two Blue Spruce trees."
Carried
(2) RECOMMENDATION
FROM THE FEBRUARY 24, 2015
LICENSING COMMITTEE HEARING
(139 LONGWATER CHASE) (2.0)
Moved by Deputy
Mayor Jack Heath
Seconded by Councillor
Don Hamilton
1) That the following
recommendation of the Licensing Committee from the Hearing held on February 24,
2015 be approved and adopted:
"a) That
the application
to remove a Honey Locust tree at 139 Longwater Chase, Markham, be denied."
Deferred
(See following to defer the matter)
Moved by Deputy Mayor Jack Heath
Seconded by Councillor Don Hamilton
That the recommendation of the Licensing
Committee from the Hearing held on February 24, 2015 regarding 139 Longwater
Chase be deferred to the March 31, 2015 Council meeting to allow the applicant
and Operations Department Staff to be in attendance.
Carried
(3) RECOMMENDATION
FROM THE FEBRUARY 24, 2015
LICENSING COMMITTEE HEARING
(16 ORCHARD STREET) (2.0)
Moved by Deputy
Mayor Jack Heath
Seconded by Councillor
Valerie Burke
1) That the following
recommendation of the Licensing Committee from the Hearing held on February 24,
2015 be approved and adopted:
"a) That the
application to remove an American Elm tree at 16 Orchard Street, Markham, be
denied; and,
b) That if the applicants choose the
option involving a Minor Variance, the Committee of Adjustment fees be waived
and that the application be expedited to the extent that is reasonable; and
further,
c) That the
recommendations are based on the unique characteristics of this case only and
are neither intended to be precedent setting nor to be used as a basis for
future cases."
Carried
Council consented to delete the following
proposed Clause b):
"b) That if the
applicants chose the option involving a Minor Variance, the Licensing Committee
urges that the Committee of Adjustment fees be waived and that the application
be expedited to the extent that is reasonable;"
and replace with the following Clause b):
"b) That if the
applicants choose the option involving a Minor Variance, the Committee of
Adjustment fees be waived and that the application be expedited to the extent
that is reasonable;"
Council
directed that staff report back on the designation of Heritage Trees.
12. BY-LAWS
Moved by Councillor
Alex Chiu
Seconded by Regional
Councillor Joe Li
That By-laws 2015-28, 2015-30 to 2015-33 be
given three readings and enacted.
Three Readings
BY-LAW 2015-28 2015 WATER/WASTEWATER RATE (EFFECTIVE APRIL 1, 2015)
A by-law to amend By-law No. 2002-276, being
a by-law to impose fees or charges for services or activities provided or done
by the City of Markham.
(New/Other Business Item No. 1 – February 24,
2015 Council meeting)
By-law
Carried
BY-LAW 2015-29 ROAD DEDICATION BY-LAW (WITHDRAWN)
A by-law to dedicate certain lands as part of
the highways of the City of Markham as follows:
1. Block
81, Plan 65M-4001 - Castlemore Avenue
2. Block
180, Plan 65M-3610 - Castlemore Avenue
3. Part
of Lot 19, Concession 7, designated as Parts 18, 20, 23, 28, 31, 34, 37, 40 and
41, Plan 65R-32389 - Castlemore Avenue.
4. Part
of Lot 19, Concession 7, designated as Parts 19, 21, 22, 24, 25, 26 and 27,
Plan 65R-32389 - Furrow Street
5. Part
of Lot 19, Concession 7, designated as Parts 29 and 30, Plan 65R-32389 - Greenspire
Avenue.
6. Part
of Lot 19, Concession 7, designated as Parts 32 and 33, Plan 65R-32389 -
Begonia Street.
7. Part
of Lot 19, Concession 7, designated as Parts 35 and 36, Plan 65R-32389 -
Hyacinth Avenue.
8. Part
of Lot 19, Concession 7, designated as Parts 38 and 39, Plan 65R-32389 - Beacon
Point Street.
9. Part
of Lot 17, Concession 7, designated as Parts 21 and 29, Plan 65R-21556 - Roy
Rainey Avenue
Withdrawn
BY-LAW 2015-30 A BY-LAW TO DESIGNATE A PROPERTY AS BEING OF CULTURAL HERITAGE
VALUE OR INTEREST (THE FRANCIS PIKE HOUSE, 7170 HIGHWAY 7)
By-law
Carried
BY-LAW 2015-31 BEST HOMES CANADA, SOUTH UNIONVILLE COMMUNITY, HOLD REMOVAL BY-LAW
By-law
A by-law to amend By-law 177-96, as amended, to permit construction
of three single detached and two semi-detached dwellings, north of Helen Avenue
and east of Unity Gardens Drive.
Carried
BY-LAW 2015-32 A BY-LAW TO REPEAL PART LOT CONTROL EXEMPTION BY-LAW 2014-164,
BRIARLANE DEVELOPMENTS INC.
(Legal description contained in the by-law is
inaccurate)
By-law
Carried
BY-LAW 2015-33 BRIARLANE DEVELOPMENTS INC., PART LOT CONTROL EXEMPTION BY-LAW
By-law
A by-law to designate part of a certain plan of subdivision not
subject to Part Lot Control, Lot 152 and Block 157, Plan 65M-4375, north of Riverlands Avenue, east
of Bur Oak Avenue and north of Church Street.
Carried
13. IN-CAMERA ITEMS
Council
consented to add a proposed or pending acquisition or disposition of land matter
by the municipality or local board in Ward 2 as Item No. 3 of the In-Camera
Agenda.
Moved by Regional
Councillor Jim Jones
Seconded by Councillor
Logan Kanapathi
That, in
accordance with Section 239 (2) of the Municipal Act,
Council resolve into an in-camera session to discuss the following matters (8:04
PM):
Carried
(1) MINUTES
OF IN-CAMERA COUNCIL MEETING
- FEBRUARY 24, 2015 (16.0)
[Section 239 (2) (a) (b) (c) (e)]
General Committee – March 2, 2015
(2) PERSONAL MATTERS ABOUT AN IDENTIFIABLE INDIVIDUAL, INCLUDING
MUNICIPAL OR LOCAL BOARD EMPLOYEES
(BOARD AND COMMITTEE APPOINTMENTS) (16.24)
[Section 239 (2) (b)]
Council
– March 10, 2015
(3) A PROPOSED OR PENDING ACQUISITION OR
DISPOSITION
OF LAND BY THE MUNICIPALITY OR
LOCAL BOARD (WARD 2)
[Section 239 (2) (c)]
Moved by Regional
Councillor Jim Jones
Seconded by
Regional Councillor Nirmala Armstrong
That Council
rise from the in-camera session. (8:07 PM)
Carried
The in-camera
items were approved by Council as follows:
(1) MINUTES
OF IN-CAMERA COUNCIL MEETING
- FEBRUARY 24, 2015 (16.0)
Moved by Councillor
Alex Chiu
Seconded by Councillor
Alan Ho
1) That the Council
In-camera Minutes dated February 24, 2015 be confirmed.
Carried
(2) BOARD/COMMITTEE
APPOINTMENTS (16.24)
Moved by Regional
Councillor Nirmala Armstrong
Seconded by Councillor
Don Hamilton
1) That the following persons be appointed
to the Seniors Advisory Committee:
Name Term
Vincent Cheung November
30, 2018
Diane Gabay November
30, 2018
Laila Jiwa November
30, 2018
Devendra Mishra November
30, 2017
Sajeda Shirazi November
30. 2017; and,
2) That the following persons be appointed
to the Mayor’s Seniors Hall of Fame Awards Committee:
Name Term
Yash Kapur November
30, 2018
Carried
(3) A
PROPOSED OR PENDING ACQUISITION OR DISPOSITION
OF LAND BY THE MUNICIPALITY OR
LOCAL BOARD (WARD 2) (8.0)
1) That
staff be authorized to proceed as directed by Council on March 10, 2015
regarding a proposed or pending acquisition or disposition of land matter by
the municipality or local board in Ward 2.
14. CONFIRMATORY BY-LAW
Moved by Councillor
Alex Chiu
Seconded by Councillor
Don Hamilton
That By-law 2015-34
be given three readings and enacted.
Three Readings
BY-LAW 2015-34 A BY-LAW TO CONFIRM THE PROCEEDINGS OF THE COUNCIL MEETING OF MARCH
10, 2015.
By-law
Carried
15. ADJOURNMENT
Moved by Councillor
Alex Chiu
Seconded by Councillor
Valerie Burke
That the Council Meeting be adjourned at 8:09 PM.
Carried
_________________________________ _______________________________
Kimberley
Kitteringham Frank
Scarpitti
City
Clerk Mayor
(Signed)