Council
Minutes
March
1, 2017, 7:00 PM
Council
Chamber, Anthony Roman Markham Civic Centre
Meeting No. 3
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 Colin Campbell, Councillor Amanda Collucci, Councillor Logan
Kanapathi, Councillor Alex Chiu.
Staff
Andy Taylor, Chief
Administrative Officer
Catherine Conrad, City
Solicitor and Acting Director of Human Resources
Regan Hutcheson, Manager, Heritage Planning
Trinela Cane, Commissioner
of Corporate Services
Brenda Librecz, Commissioner
of Community and Fire Services
Joel Lustig, Treasurer
Raj Raman, Mayor's Chief of
Staff
Kimberley
Kitteringham, City Clerk
Martha Pettit, Deputy City
Clerk
John Wong, Technology
Support Specialist
The meeting of
Council convened at 7:02 PM on March 1, 2017 in the Council Chamber.
Mayor Frank
Scarpitti presided.
Mayor Frank
Scarpitti advised of the passing of former Mayor of Markham Don Cousens on
February 23, 2017, and spoke of his many accomplishments. Mayor Scarpitti, on behalf of Council, extended
sincere condolences to Mr. Cousens' family.
Council observed a moment of silence in honour of Don Cousens.
Mayor Scarpitti
thanked staff for their work on the special memorial tribute held this date at
the Markham Civic Centre and Angus Glen Community Centre for the public to pay
their respects and express condolences.
1. DISCLOSURE OF PECUNIARY INTEREST
(1) None
declared.
2. APPROVAL OF PREVIOUS MINUTES
(1) COUNCIL MINUTES - FEBRUARY 13, 2017
Minutes
Moved by Councillor
Alex Chiu
Seconded by Councillor
Logan Kanapathi
1) That the Minutes of the
Council Meeting held on February 13, 2017, be adopted.
Carried
3. PRESENTATIONS
There were no
presentations.
4. DEPUTATIONS
(1) DEPUTATIONS
- DEMOLITION PERMIT
APPLICATION DP 16135847
27 CHURCH STREET (10.13.
16.11)
Moved by Regional
Councillor Nirmala Armstrong
Seconded by Councillor
Logan Kanapathi
That the rules of procedure be waived to allow for Felicite
Dibi, applicant, to make a deputation to Council this date, although she
previously made a deputation at the February 27, 2017 Development Services
Committee regarding the Demolition Permit Application for 27 Church Street.
Carried
by a 2/3 vote of Council Members present
The following individuals provided deputations to Council:
- Felicite
Dibi, applicant, spoke in opposition to the proposed recommendation.
- Graham
Dewar, spoke in support of the proposed recommendation
(See Item No. 1, Report No. 8 for Council's
decision on this matter)
5. COMMUNICATIONS
Moved by Councillor
Alex Chiu
Seconded by Councillor
Karen Rea
That Council
receive and consent to the disposition of communications in the following
manner:
Received
9-2017 LIQUOR LICENCE
APPLICATION FOR THAI ONE ON, 7750 KENNEDY ROAD, SUITE 01 (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
6. PROCLAMATIONS
(1) PROCLAMATION
AND FLAG RAISING REQUESTS (3.4)
Moved by Councillor
Colin Campbell
Seconded by Regional
Councillor Joe Li
1) That the following proclamations, issued by the City Clerk
in accordance with the City of Markham Proclamation Policy, be received for
information purposes:
- Epilepsy Awareness
Month (March 2017)
- Purple Day (Epilepsy
Awareness) (March 26, 2017)
- Public - Rail Safety
Week (April 24 to 30, 2017)
- Philippine Week (June
4 to 12, 2017)
- Trinidad and Tobago Independence
Day (August 31, 2017); and,
2) That
the following requests for flag 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:
- Flag of Philippine
(June 4 to 12, 2017)
- Flag of Trinidad and
Tobago (August 31, 2017)
Carried
7(A) REPORT NO. 6 - DEVELOPMENT SERVICES
COMMITTEE
(February 13, 2017)
Moved by Regional
Councillor Jim Jones
Seconded by Councillor
Don Hamilton
That Report
No. 6 - Development Services Committee comprised of 2 items be received and
adopted.
(1) INTERPRETIVE
PLAQUE PROGRAM
FOR MARKHAM VILLAGE HERITAGE
CONSERVATION DISTRICT
PROPERTIES - COLOUR (16.11)
Report
1) That
the report titled “Interpretive Plaque Program for Markham Village Heritage
Conservation District Properties - Colour,” dated February 13, 2017, be
received; and,
2) That
Council endorse a black background colour for the Markham Village Conservancy
interpretive plaques in the central Markham Village and Vinegar Hill
neighbourhoods of the Markham Village Heritage Conservation District; and
further,
3) That
Staff be authorized and directed to do all things necessary to give effect to
this resolution.
Carried
(2) AGRICULTURAL
ADVISORY
COMMITTEE MINUTES
- April 7, 2016, May 4, 2016
October 6, 2016 and December 1, 2016 (16.34)
Apr.
7 Appendix
A - Terms of Reference May
4 Oct.
6 Dec.
1
1) That
the minutes of the Agricultural Advisory Committee meetings held April 7, 2016,
May 4, 2016, October 6, 2016 and December 1, 2016, be received for information
purposes; and,
2) That
the following recommendation from the April 7, 2016 Agricultural Advisory
Committee minutes be endorsed:
"That revised Agricultural Advisory Committee Terms of Reference be
approved as amended, attached as Appendix A."
Carried
7(B) REPORT NO. 7 - GENERAL COMMITTEE (February
21, 2017)
Moved by Deputy
Mayor Jack Heath
Seconded by Councillor
Colin Campbell
That Report
No. 7 - General Committee comprised of 3 items be received and adopted.
(1) 2017
PROPERTY TAX
RATIOS POLICY (7.3)
Presentation
Whereas Markham
assumes that the property assessment for the residential class will continue to
increase at a greater amount than that of the non-residential classes for the
foreseeable future; and,
Whereas Markham
proposes that York Region amend its current Tax Ratio Policy as follows:
1. To maintain a relative tax burden
(revenue neutral) between all property classes while ensuring a non-residential
competitive advantage based on relative tax ratios amongst GTA municipalities
(Peel, Halton, Durham and Toronto).
2. This policy will ensure that the
property taxes collected year over year will be the same in each class as long
as York Region maintains the lowest tax ratios of GTA municipalities;
Now therefore be
it resolved that:
1) The presentation entitled "2017 Property Tax Ratios Policy" be received;
and,
2) Council support setting the Region-wide
tax ratios to “revenue neutral" such that the relative tax burden of each
property class in York Region is the same after the reassessment as it was
before the reassessment; and,
3) This resolution be forwarded to the
Regional Municipality of York; and,
4) That staff be directed to provide an
update at the March 6, 2017 General Committee meeting regarding the York Region
report that will be considered at the York Region Committee of the Whole
meeting on March 9, 2017 relative to the 2017 – 2020 tax ratio policy; and
further,
5) Staff be authorized to
and directed to do all things necessary to give effect to this resolution.
Carried
Report
1)
That the report
entitled Vacant Unit Property Tax Rebate Program be received; and,
2) That
Council authorize Staff to undertake a business consultation process with the
local business community to discuss the vacancy rebate program; and,
3) That
Staff be directed to participate in ongoing discussions with the Region of York
and area municipalities; and,
4) That
Staff report back to Council on the final recommendations that will be made to
Regional Council; and,
5) That
staff be directed to draft a resolution for York Region requesting that latest
deadline to provide a Council resolution to the Minister of Finance be extended
to November 30, 2017; and further,
6) That
staff be authorized and directed to do all things necessary to give effect to
these resolutions.
Carried
Report
1) That
the report entitled "Ice Allocation - Request for Expansion of Hockey
League by Thornhill Community Hockey League and Markham Islanders" be
received for information; and,
2) That
Council approve Staff recommendation to not support the request by Thornhill
Community Hockey League (TCHL) to expand to include a competitive hockey
program; and,
3) That
Council approve Staff recommendation to not support the request by Markham
Islanders Hockey League to expand to include a house league hockey program; and
further,
4) That
Staff be authorized and directed to do all things necessary to give effect to
this resolution.
Carried
7(C) REPORT NO. 8 - DEVELOPMENT SERVICES
COMMITTEE
(February 27, 2017)
Moved by Regional
Councillor Jim Jones
Seconded by Regional
Councillor Nirmala Armstrong
(1) REQUEST
TO DEMOLISH
SINGLE DETACHED DWELLING
DEMOLITION PERMIT APPLICATION
DP 16135847
27 CHURCH STREET
MARKHAM VILLAGE HERITAGE
CONSERVATION DISTRICT (10.13, 16.11)
Memo
Moved by Regional
Councillor Jim Jones
Seconded by Regional
Councillor Nirmala Armstrong
Whereas the
applicant was present at the meeting and when asked, gave her consent to
postpone Council's decision on the demolition permit application for 27 Church
Street to April 25, 2017;
Now therefore be it resolved:
1) That Council postpone
the consideration of the demolition permit application for 27 Church Street to
allow for further discussion with the applicant.
Carried
Council
consented to not adopt the following recommendation from the February 27, 2017 Development
Services Committee meeting:
"1) That the correspondence from Dianne More, Donna K., Ruth Winterfield,
and Alan Gardiner regarding a demolition permit application for
27 Church Street, Markham Village, provided to Development Services Committee
on February 27, 2017, be received; and,
2) That
the staff memo dated February 27, 2017 regarding a demolition permit
application for 27 Church Street, Markham Village, be received; and,
Whereas Heritage Markham and Heritage Staff in their report of December
5, 2016 recommended that the demolition permit for the existing dwelling at 27
Church Street in Markham Village be denied, and that owner instead consider the
construction of a complementary addition; and,
Whereas the Development Services Committee requested the applicant to
extend the demolition permit timeline to:
- Allow
the applicant to obtain a professional report and opinion on the integrity of
the existing house and the presence of mold;
- Continue
to work with Heritage Section Staff to explore designs for a complementary
addition;
- Provide
to the Clerk copies of the original home inspection report, if available, to be
distributed to the Members of Council.
- Allow
Heritage Staff to report back to the Development Services Committee; and,
Whereas the applicant extended the demolition permit timeline until
March 1, 2017; and,
Whereas the applicant has provided a Property Inspection Report on the
condition of 27 Church Street, Markham Village; and,
3) That
Council does not support the demolition of the existing dwelling at 27 Church
Street in Markham Village and recommends that the owner restore the existing
dwelling and construct a complementary addition; and further,
4) That
Staff be authorized and directed to do all thing necessary to give effect to
this resolution."
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) HERITAGE
PERMIT APPLICATION
SHAKIBA DILMAGHANI AND MASSOOD
MASHDI
149 JOHN STREET, THORNHILL
DRIVEWAY ENTRANCE GATE (16.11)
Memo
Moved by Councillor
Amanda Collucci
Seconded by Councillor
Valerie Burke
1) That
the matter regarding a Heritage Permit Application
for a driveway entrance gate at 149 John Street, Thornhill, be postponed to the
April 11, 2017 Council meeting.
Carried
(2) VACANT
UNIT PROPERTY TAX REBATE PROGRAM (7.0)
Moved by Councillor
Amanda Collucci
Seconded by Councillor
Valerie Burke
Whereas the Province of Ontario has provided municipalities broad
flexibility for 2017 and future years to tailor the vacant unit property tax
rebate program to reflect community needs and circumstances, while considering
the interests of local businesses; and,
Whereas municipalities can implement changes by notifying the Minister
of Finance of their intent to utilize this flexibility and providing details of
the proposed changes along with a Council resolution; and,
Whereas municipalities wishing to utilize the flexibility available to
them must submit details of the proposed changes to the Minister along with a
Council resolution by March 1, 2017, April 1, 2017 or July 1, 2017; and;
Whereas in two-tiered municipalities, any program changes to be
implemented will be an upper-tier municipal decision; and,
Now therefore be it resolved:
1) That
Markham City Council request the Regional Municipality of York ask the Minister
of Finance for an extension to the Province’s prescribed period to November 30,
2017 to allow for additional public input; and,
2) That
a copy of this resolution be circulated to all municipalities within the
Regional Municipality of York.
Carried
11. ANNOUNCEMENTS
There were no
announcements
12. BY-LAWS
There were no
by-laws.
13. CONFIDENTIAL ITEMS
Council
consented to not resolve into confidential session to discuss the following
matters:
(1) MINUTES OF CONFIDENTIAL COUNCIL MEETING
- FEBRUARY 13, 2017 (16.0)
[Section 239 (2) (b) (c) (e) (f)]
Development
Services Committee - February 13, 2017
(2) LITIGATION
OR POTENTIAL LITIGATION, INCLUDING MATTERS BEFORE ADMINISTRATIVE TRIBUNALS,
AFFECTING THE MUNICIPALITY OR LOCAL BOARD - MINOR VARIANCE APPEAL
- 61 FAIRWAY HEIGHTS DRIVE (WARD 1)
(8.0)
[Section 239 (2) (e)]
Council
- March 1, 2017
(3) PERSONAL
MATTERS ABOUT AN IDENTIFIABLE INDIVIDUAL, INCLUDING MUNICIPAL OR LOCAL BOARD
EMPLOYEES (BOARDS/COMMITTEES RESIGNATIONS AND APPOINTMENTS) (16.24)
[Section 239 (2) (b)]
The confidential
items were approved by Council as follows:
(1) MINUTES
OF CONFIDENTIAL COUNCIL MEETING
- FEBRUARY 13, 2017 (16.0)
Moved by Councillor
Alex Chiu
Seconded by Deputy
Mayor Jack Heath
1) That the Council
Confidential Minutes dated February 13, 2017 be confirmed.
Carried
(2) MINOR
VARIANCE APPLICATION APPEAL
EFAT BAHERI & FERYDOON
DOULATSHAHI
61 FAIRWAY HEIGHTS DRIVE
A/59/16 (8.0)
Moved by Councillor
Valerie Burke
Seconded by Councillor
Alan Ho
1) That the confidential report titled
“Minor Variance Application Appeal, Efat Baheri & Ferydoon Doulatshahi, 61
Fairway Heights Drive, A/59/16” be received; and,
2) That Council direct the City Solicitor
and Staff not to attend the Ontario Municipal Board hearing regarding the
decision of the Committee of Adjustment to approve the minor variances related
to side yard setback, building height, eaves encroachment, and building depth,
provided that the applicant agrees to request the OMB to impose the staff
recommended conditions of approval set out below in the event that the OMB
approves the variances:
a) The
variances apply only to the proposed development as long as it remains;
b) That
the variances apply only to the subject development, in substantial conformity
with the plan(s) submitted with the application dated March 12, 2016 (see Appendix
A), to the satisfaction of the Director of
Planning and Urban Design or designate;
c) That
a siting/grading plan of the property shall be submitted to the City for review
and approval, and that the Secretary-Treasurer
receives written confirmation that this condition has been fulfilled to the
satisfaction of the Director of Engineering or designate;
d) That
through the City’s review and approval of the siting/grading plan, the owner
demonstrates that:
i. the
existing drainage pattern within the property will not be altered in such a way
as to cause any adverse impact on the existing drainage from the site to
abutting properties; and
ii. there
is no negative impact to any abutting property respecting surface water
drainage,
and that
the Secretary-Treasurer receives written confirmation that this condition has
been fulfilled to
the satisfaction of the Director of Engineering or designate; and,
e) Submission
of a Tree Assessment and Preservation Plan, prepared by a qualified arborist in
accordance with the City’s Streetscape Manual (2009), as amended, to be
reviewed and approved by the City, and that the Secretary-Treasurer receive
written confirmation from the Director of Planning and Urban Design or
designate that this condition has been fulfilled to his/her satisfaction, and
that any detailed siting/grading
plan required as a condition of approval reflects the Tree Assessment
and Preservation Plan; and,
f) That
the Tree Preservation Plan include the requirement to plant a cedar hedge a
minimum of 1.8 m in length along both of the side lot lines near the rear
projections, to provide for the privacy of the neighbouring residences, and
that the Secretary-Treasurer receive written confirmation that this condition
has been fulfilled to the satisfaction of the Director of Planning and Urban
Design or designate; and,
g) That prior to the
commencement of construction or demolition, tree protection be erected around
all trees on site, including street trees, to the satisfaction of the Director
of Planning and Urban Design or their designate, in accordance with the City’s
Streetscape Manual (2009) as amended, be inspected by City Staff, and that the
Secretary-Treasurer receive written confirmation that this condition has been
fulfilled to the satisfaction of the Director of Planning and Urban Design or
designate; and,
h) That tree replacements
and other plantings be provided and/or tree replacement fees be paid to the
City if required in accordance with the Tree Assessment and Preservation Plan, and that the Secretary-Treasurer receive written confirmation
that this condition has been fulfilled to the satisfaction of the Director of
Planning and Urban Design or designate; and further,
3) That
Staff be authorized and directed to do all things necessary to give effect to
this resolution.
Carried
(3) BOARDS/COMMITTEES
RESIGNATIONS AND APPOINTMENTS (16.24)
Moved by Councillor
Don Hamilton
Seconded by Regional
Councillor Joe Li
1) That
the resignation of Allan Lee from the Environmental Advisory Committee be
received with regret for information purposes and that a letter of appreciation
be forwarded by Mayor Frank Scarpitti; and,
2) That
the resignations of Parveen Jhinga, Simin Jahedi, Stacey Sniderman, and
Elizabeth Mensher from the Board of Management of the Unionville Business
Improvement Area be received with regret for information purposes and that
a letters of appreciation be forwarded by Mayor Frank Scarpitti; and,
3) That
Dave Tucci be appointed to the Board of Management of the Unionville Business
Improvement Area for the term ending on November 30, 2018; and further,
4) That the following recommendation from
the February 22, 2017 Board of Management of the
Unionville Business Improvement Area meeting be endorsed:
"That the three (3) other vacancies
remain vacant for the term ending on November 30, 2018"
Carried
14. CONFIRMATORY BY-LAW
Moved by Councillor
Alex Chiu
Seconded by Councillor
Logan Kanapathi
That By-law 2017-7
be given three readings and enacted.
Three Readings
BY-LAW 2017-7 A
BY-LAW TO CONFIRM THE PROCEEDINGS OF THE COUNCIL MEETING OF MARCH 1, 2017.
By-law
Carried
15. ADJOURNMENT
Moved by Councillor
Alex Chiu
Seconded by Councillor
Valerie Burke
That the Council Meeting be adjourned at 7:55 PM.
Carried
__________________________________ ________________________________
Kimberley
Kitteringham Frank
Scarpitti
City
Clerk Mayor
(Signed)