The Markham Record

Council Meeting

November 13, 2019

Who was there

Present (10): Amanda Yeung Collucci, Alan Ho, Keith Irish, Jim Jones, Andrew Keyes, Isa Lee, Joe Li, Reid McAlpine, Karen Rea, Frank Scarpitti

Taken from the roll call in the town’s own minutes. The minutes record who was not there and almost never why.

What was decided (30 motions)

30 carried, 0 recorded otherwise. Every motion below is printed as the minutes print it.

That the Minutes of the Council Meeting held on October 29, 2019, be adopted.
Moved by Councillor Khalid Usman, seconded by Councillor Andrew Keyes
Carried
That the gift from the Friends of Markham in Germany be received.
Moved by Regional Councillor Jack Heath, seconded by Councillor Karen Rea
Carried
That the deputation from Darron Hill be received.
Moved by Councillor Karen Rea, seconded by Regional Councillor Jim Jones
Carried
That the report of the Development Services Committee, save and except for item 8.1.1 be received & adopted. See item 8.1.1 for Council's decision. on this matter.
Moved by Regional Councillor Jim Jones, seconded by Councillor Keith Irish
Carried
That the report entitled “Austin Drive Proposed Parking Prohibition (Ward 3),” be received; and, That Schedule “C” of Parking By-law 2005-188 be amended to prohibit parking on the north side of Austin Drive, between Bullock Drive and Couperthwaite Crescent (east intersection); and, That Schedule “C” of Parking By-law 2005-188 be amended to prohibit parking on the south side of Austin Drive, between Bullock Drive and a point 15 metres west of Karma Road; and, That Schedule “C” of Parking By-law 2005-188 be amended to rescind the existing parking prohibition on the north side of Austin Drive, between Bullock Drive and the east property limit of block no. 81 (Austin Drive Rugby Club); and, That the cost of materials and installation for the traffic signs and pavement markings in the amount of $500 be funded from capital project # 083-5350-19050-005 ‘Traffic Operational Improvements’; and, That the By-law Enforcement, Licensing & Regulatory Services be directed to enforce the parking prohibition upon installation of the signs and passing of the by-law; and further, That staff be authorized and directed to do all things necessary to give effect to this resolution. (By-law 2019-112)
Moved by Regional Councillor Jim Jones, seconded by Councillor Keith Irish
Carried
That the report entitled Making Our Markham: Markham’s Public Art Master Plan 2020-24 be received; and, That the Making Our Markham: Markham’s Public Art Master Plan 2020-24 be approved; and, That the five-year Public Art Implementation Plan be approved in principle, and that Council direct the Commissioner of Development Services to incorporate the Implementation Plan into annual Business Planning, Capital and Operating Budget processes and to report progress annually to Council; and, That the title of Public Art Coordinator be changed to Public Art Curator to reflect the requirements of the role; and, That staff be directed to report back on a revised governance model for the approval of public art in Markham for consideration at a future Development Services Committee meeting; and further, That staff be directed to do all things necessary to give effect to this resolution.
Moved by Regional Councillor Jim Jones, seconded by Councillor Keith Irish
Carried
That the report of the General Committee be received & adopted. (Items 1 to 2):
Moved by Regional Councillor Jack Heath, seconded by Councillor Andrew Keyes
Carried
That the report “2020 Interim Tax Levy By-law” be received; and, That Council authorize an interim tax levy for 2020 ; and, That the attached by-law be passed to authorize the 2020 interim tax levy; and further, That staff be authorized and directed to do all things necessary to give effect to this resolution. (By-law 2019-113)
Moved by Regional Councillor Jack Heath, seconded by Councillor Andrew Keyes
Carried
That the report entitled, “Approval of the 2019 Integrated Leisure Master Plan Update”, as presented at the October 7, 2019 General Committee meeting and the October 25, 2019, memo, Approval of the 2019 Integrated Leisure Master Plan Update be received; and, That Council approve the 2019 Integrated Leisure Master Plan (ILMP) Update, as set out in the Attachment 1 of the October 7, 2019 General Committee report, along with the following amendments: Section 6.1 - Parkland Policy and Provision – add a new recommendation on Hydro Corridors as follows: Explore and capture opportunities within Hydro Corridors for sport fields and to serve as linear parks, including multi-use trails for walking, cycling and other non-motorized uses, and off-leash dog parks and trails, thereby connecting neighbourhoods, parks connections (including the Rouge National Park), public access points and other trail systems; Section 6.1 - Parkland Policy and Provision: Revise ILMP Recommendation #9 as outlined in this memorandum; Section 6.8 - Playgrounds & Outdoor Fitness: Revise ILMP Recommendation #34 as outlined in this memorandum; Section 6.11 – Outdoor Ice Rinks : Revise ILMP Recommendation #42 as outlined in this memorandum; Section 6.12 - Off Leash Dog Areas: Revise ILMP Recommendation #43 as outlined in this memorandum; Section 7.3 - Community Centres: Revise ILMP Recommendation #64 as outlined in this memorandum; Section 9 - Public Library Services & Facilities: Revise Recommendation #86 as outli
Moved by Regional Councillor Jack Heath, seconded by Councillor Andrew Keyes
Carried
That the report of the Development Services Committee be received & adopted. (1 Item):
Moved by Deputy Mayor Don Hamilton, seconded by Councillor Reid McAlpine
Carried
That funding be provided for Regional Councillor Jim Jones and Deputy Mayor Don Hamilton to participate in the 27th Annual Canadian Council for Public-Private Partnerships (CCPPP) National Conference in Toronto from November 18, 2019 to November 19, 2019; and, That the estimated cost of $1,007.42 be funded from the Council Conferences Budget (account 840-841-5200), and further, That Regional Councillor Jim Jones and Deputy Mayor Don Hamilton be requested to provide Council with a verbal update on the 27th Annual Canadian Council for Public-Private Partnerships (CCPPP) National Conference prior to the end of December 2019.
Moved by Deputy Mayor Don Hamilton, seconded by Councillor Reid McAlpine
Carried
That the memorandum dated November 6, 2019 from the Director, Sustainability and Asset Management on “555 Miller Avenue, PVC Dome Demolition, Project # 20080” be received, and, That Council approve the project budget for the demolition of the white PVC dome at 555 Miller Avenue Works Yard (Project # 20080), in the amount of $212,400, as outlined in Attachment 1, and further, That Staff be authorized and directed to do all things necessary to give effect to this resolution.
Moved by Councillor Karen Rea, seconded by Councillor Khalid Usman
Carried
That the Minutes from the November 5, 2019 Water/Wastewater Rate Public Consultation meeting be received; and, That the 2020 City of Markham's ("City") water/wastewater rate be increased by $0.3500/m3 from $4.4680 to $4.8180/m3 effective April 1, 2020; and further, That Staff be authorized and directed to do all things necessary to give effect to this resolution. (By-law 2019-115)
Moved by Councillor Amanda Collucci, seconded by Councillor Andrew Keyes
Carried
In favour (10): Councillor Alan Ho, Councillor Reid McAlpine, Councillor Karen Rea, Regional Councillor Jim Jones, Deputy Mayor Don Hamilton, Mayor Frank Scarpitti, Councillor Andrew Keyes, Councillor Amanda Collucci, Councillor Khalid Usman, Councillor Isa Lee · Opposed (2): Councillor Keith Irish, Regional Councillor Jack Heath
That the report titled “Amendment for Fees associated with Respite Day Care Facilities” be received; and, That fee by-law 211-83 be amended to define and apply an alternate fee rate for applications for minor variance to permit Respite Day Care facility uses, and variances to the required parking standards for Respite Day Care facilities, and further, That Staff be authorized and directed to do all things necessary to give effect to this resolution. (By-law 2019-117)
Moved by Regional Councillor Jim Jones, seconded by Councillor Keith Irish
Carried
That By-laws 2019-112, 2019-113, 2015-115 and 2019-117 be given three readings and enacted.
Moved by Councillor Alan Ho, seconded by Councillor Khalid Usman
Carried
That By-law 2019-114 be given three readings and enacted.
Moved by Councillor Khalid Usman, seconded by Regional Councillor Jim Jones
Carried
That, in accordance with Section 239 (2) of the Municipal Act, Council resolve into a private session to discuss the following confidential matters at 2:12 pm: APPROVAL OF CONFIDENTIAL COUNCIL MINUTES - JULY 26 SPECIAL COUNCIL MEETING AND SEPTEMBER 24 2019 (10.0) LITIGATION OR POTENTIAL LITIGATION, INCLUDING MATTERS BEFORE ADMINISTRATIVE TRIBUNALS, AFFECTING THE MUNICIPALITY OR LOCAL BOARD - ANDRIN INVESTMENTS LIMITED, 5440 16TH AVENUE (WARD 4) (8.0) [Section 239 (2) (e)] LITIGATION OR POTENTIAL LITIGATION, INCLUDING MATTERS BEFORE ADMINISTRATIVE TRIBUNALS, AFFECTING THE MUNICIPALITY OR LOCAL BOARD – LPAT APPEAL, 1771107 ONTARIO INC. (TIMES GROUP) WARD 3 (8.0) [Section 239 (2) (e)]
Moved by Councillor Reid McAlpine, seconded by Councillor Isa Lee
Carried
That Council rise from Confidential session at 5:50 pm.
Moved by Deputy Mayor Don Hamilton, seconded by Councillor Khalid Usman
Carried
That the confidential meeting minutes of the July 26 Special Council meeting and the September 24, 2019 Council meeting be adopted.
Moved by Regional Councillor Joe Li, seconded by Councillor Andrew Keyes
Carried
That the confidential report on Litigation or Potential Litigation, including matters before Administrative Tribunals, affecting the Municipality or Local Board – Andrin Investments Limited, 5440 16TH AVENUE (WARD 4) (8.0), be received; and, That the record of the Public Meeting held on April 10th, 2018, regarding the applications for Zoning By-law Amendment and Draft Plan of Subdivision 19TM-17002, be received; and, That the City Solicitor, or her delegate, and Staff be directed to attend the Local Planning Appeal Tribunal (LPAT) hearing to support the settlement of the appeals made by Andrin Wismer Markham Limited, as described in this report; and further, That Staff be authorized and directed to do all things necessary to give effect to this resolution.
Moved by Regional Councillor Jim Jones, seconded by Councillor Keith Irish
Carried
That the confidential report on Litigation or Potential Litigation, including matters before Administrative Tribunals, affecting the Municipality or Local Board –LPAT Appeal, 1771107 Ontario Inc. (Times Group) Ward 3, be received; and, That the City Solicitor, or designate, and any necessary Staff appear before the Local Planning Appeal Tribunal to defend the outstanding issues; and further, That Staff be authorized and directed to do all things necessary to give effect to this resolution.
Moved by Regional Councillor Jack Heath, seconded by Councillor Reid McAlpine
Carried
That By-law 2019-116 be given three readings and enacted. Three Readings BY-LAW 2019-116 A BY-LAW TO CONFIRM THE PROCEEDINGS OF THE COUNCIL MEETING OF NOVEMBER 13, 2019.
Moved by Councillor Khalid Usman, seconded by Councillor Keith Irish
Carried
That the Council meeting be adjourned at 5:55 pm.
Moved by Councillor Reid McAlpine, seconded by Councillor Khalid Usman
Carried
1. That the gift from the Friends of Markham in Germany be received. 3
Moved by Regional Councillor Jack Heath, seconded by Councillor Karen Rea
Carried
1. That the report entitled Making Our Markham: Markham’s Public Art Master Plan 2020-24 be received; and, 5 2. That the Making Our Markham: Markham’s Public Art Master Plan 2020-24 be approved; and, 3. That the five-year Public Art Implementation Plan be approved in principle, and that Council direct the Commissioner of Development Services to incorporate the Implementation Plan into annual Business Planning, Capital and Operating Budget processes and to report progress annually to Council; and, 4. That the title of Public Art Coordinator be changed to Public Art Curator to reflect the requirements of the role; and, 5. That staff be directed to report back on a revised governance model for the approval of public art in Markham for consideration at a future Development Services Committee meeting; and further, 6. That staff be directed to do all things necessary to give effect to this resolution.
Moved by Regional Councillor Jim Jones, seconded by Councillor Keith Irish
Carried
1. That the report “2020 Interim Tax Levy By-law” be received; and, 2. That Council authorize an interim tax levy for 2020; and, 3. That the attached by-law be passed to authorize the 2020 interim tax levy; and further, 4. That staff be authorized and directed to do all things necessary to give effect to this resolution. (By-law 2019-113) 6
Moved by Regional Councillor Jack Heath, seconded by Councillor Andrew Keyes
Carried
1. That the report entitled, “Approval of the 2019 Integrated Leisure Master Plan Update”, as presented at the October 7, 2019 General Committee meeting and the October 25, 2019, memo, Approval of the 2019 Integrated Leisure Master Plan Update be received; and, 2. That Council approve the 2019 Integrated Leisure Master Plan (ILMP) Update, as set out in the Attachment 1 of the October 7, 2019 General Committee report, along with the following amendments: a. Section 6.1 - Parkland Policy and Provision – add a new recommendation on Hydro Corridors as follows: Explore and capture opportunities within Hydro Corridors for sport fields and to serve as linear parks, including multi-use trails for walking, cycling and other non-motorized uses, and off-leash dog parks and trails, thereby connecting neighbourhoods, parks connections (including the Rouge National Park), public access points and other trail systems; b. Section 6.1 - Parkland Policy and Provision: Revise ILMP Recommendation #9 as outlined in this memorandum; c. Section 6.8 - Playgrounds & Outdoor Fitness: Revise ILMP Recommendation #34 as outlined in this memorandum; d. Section 6.11 – Outdoor Ice Rinks : Revise ILMP Recommendation #42 as outlined in this memorandum; e. Section 6.12 - Off Leash Dog Areas: Revise ILMP Recommendation #43 as outlined in this memorandum; f. Section 7.3 - Community Centres: Revise ILMP Recommendation #64 as outlined in this memorandum; g. Section 9 - Public Library Services & Facilities: Revise
Moved by Regional Councillor Jack Heath, seconded by Councillor Andrew Keyes
Carried
9 1. That the memorandum dated November 6, 2019 from the Director, Sustainability and Asset Management on “555 Miller Avenue, PVC Dome Demolition, Project # 20080” be received, and, 2. That Council approve the project budget for the demolition of the white PVC dome at 555 Miller Avenue Works Yard (Project # 20080), in the amount of $212,400, as outlined in Attachment 1, and further, 3. That Staff be authorized and directed to do all things necessary to give effect to this resolution.
Moved by Councillor Karen Rea, seconded by Councillor Khalid Usman
Carried
11 That By-laws 2019-112, 2019-113, 2015-115 and 2019-117 be given three readings and enacted.
Moved by Councillor Alan Ho, seconded by Councillor Khalid Usman
Carried
That, in accordance with Section 239 (2) of the Municipal Act, Council resolve into a private session to discuss the following confidential matters at 2:12 pm: 1. APPROVAL OF CONFIDENTIAL COUNCIL MINUTES - JULY 26 SPECIAL COUNCIL MEETING AND SEPTEMBER 24 2019 (10.0) LITIGATION OR POTENTIAL LITIGATION, INCLUDING MATTERS BEFORE ADMINISTRATIVE TRIBUNALS, AFFECTING THE MUNICIPALITY OR LOCAL BOARD - ANDRIN INVESTMENTS LIMITED, 5440 16TH AVENUE (WARD 4) (8.0) [Section 239 (2) (e)] 2. LITIGATION OR POTENTIAL LITIGATION, INCLUDING MATTERS BEFORE ADMINISTRATIVE TRIBUNALS, AFFECTING THE MUNICIPALITY OR LOCAL BOARD – LPAT APPEAL, 1771107 ONTARIO INC. (TIMES GROUP) WARD 3 (8.0) [Section 239 (2) (e)]
Moved by Councillor Reid McAlpine, seconded by Councillor Isa Lee
Carried

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