2005-01-18
COUNCIL MINUTES Council Chamber, Civic Centre
Meeting
No. 2
(Canada
Room)
COMMITTEE
OF THE WHOLE
ROLL
CALL
Mayor D.
Cousens, Regional Councillor J. Heath, Regional Councillor J. Jones, Regional
Councillor B. O'Donnell, Councillor S. Daurio, Councillor J. Virgilio,
Councillor G. McKelvey, Councillor J. Webster, Councillor D. Horchik,
Councillor K. Usman, Councillor A. Chiu. (11)
Regrets
Deputy Mayor
F. Scarpitti, Councillor E. Shapero. (2)
Moved by Councillor
A. Chiu
Seconded by Regional
Councillor B. O'Donnell
That Council
resolve itself into the Committee of the Whole to discuss the following:
(1) Financial Assistance Request 2005 Chinese New Year Celebration (12.2.6)
(2) Financial Assistance Request 2005 Black History Celebration (12.2.6)
(3) 2005 Advisory Committee/Board
Appointments (16.24)
(4) Council Remuneration Review Citizen
Committee Report (16.23.2)
(5) PowerStream Promissory Note - Payment
Intent (13.8)
(6) Licensing Committee Proposed
Remuneration (2.0)
(7) Markham Energy Corporation Status Report
on Organizational Structure (13.7)
CARRIED
The Regular
Meeting of Council was held on January 18, 2005 at 7:00 p.m. in the Council
Chamber, Civic Centre. Mayor D. Cousens
presided.
(Council
Chambers)
COUNCIL
ROLL
CALL
Mayor D.
Cousens, Regional Councillor J. Heath, Regional Councillor J. Jones, Regional
Councillor B. O'Donnell, Councillor S. Daurio, Councillor J. Virgilio,
Councillor G. McKelvey, Councillor J. Webster, Councillor D. Horchik,
Councillor K. Usman, Councillor A. Chiu. (11)
Regrets
Deputy Mayor
F. Scarpitti, Councillor E. Shapero. (2)
STAFF
J. Baird,
Commissioner of Development Services
S. Birrell,
Town Clerk
C. Conrad,
Town Solicitor
B. Cribbett,
Treasurer
P. Miller,
Manager, Secretariat Services
B. Nanninga, Executive
Assistant
J. Sales,
Commissioner of Community & Fire Services
A. Taylor,
Commissioner of Corporate Services
1. DISCLOSURE OF PECUNIARY INTEREST
None declared.
2. REPORT OF THE COMMITTEE OF THE WHOLE
Moved by
Councillor A. Chiu
Seconded by Regional
Councillor B. O’Donnell
That Council rise from the Committee of the
Whole and the Chairman report.
Carried
Mayor D.
Cousens reported the following motions passed at the Committee of the Whole
meeting:
(1) FINANCIAL ASSISTANCE REQUEST
2005 CHINESE NEW YEAR
CELEBRATION (12.2.6) Report
That Council
approve financial support in the amount of $5,000.00 for the 2005 Chinese New
Year Celebration that will be held Saturday, February 12, 2005.
(2) FINANCIAL ASSISTANCE REQUEST
2005 BLACK HISTORY CELEBRATION
(12.2.6) Report
That Council
approve financial support in the amount of $1,000.00 to the Markham African
Caribbean Association for the hosting of the 2005 Black History Celebration
during the month of February;
And that
Council approve financial support in the amount of $1,500 to the Markham
African Caribbean Association for the hosting of the one day exhibition of the International African Inventors Museum to be
held on February
26, 2005 as a one time expenditure.
(3) 2005
ADVISORY COMMITTEE/BOARD APPOINTMENTS (16.24)
Markham
District Historical Museum Board
That the term of office for the following
members of the Markham District Historical Museum Board be extended to November
30, 2005:
Monica Peel
Gunter Langhorst, Chair
John Bayfield
And that the resignation of Mr. Gordon Case
be accepted with regret and a letter of appreciation forwarded.
(4) COUNCIL REMUNERATION REVIEW
CITIZEN COMMITTEE REPORT (16.23.2)
Report Presentation
That the
report and recommendations dated January 18, 2005 from the Council Remuneration Review Citizen Committee, be
received;
And that
thanks and sincere appreciation be extended to members of the Council
Remuneration Review Citizen Committee and others who contributed their time and
efforts in producing this report:
Lorne Clodge, Chair
Helen Murray, Vice Chair
Frank Vetere
Deb Weller
Wilbert Lai
Rahul Bhadwaj
Drew Gerrard
Suzanne Sonoda
Chris Raynor;
And
that effective December 1, 2004, the base municipal salary for all Regional
Councillors be increased to $57,736 per annum (adjusted total salary is
reflective of $57,736 (municipal) and $40,963 (regional) for a total of $98,700
– currently $95,831);
And
that effective December 1, 2004, the base salary for Local Councillors be
increased to 60% of the adjusted total salary of a Regional Councillor to a
total of $59,220 (currently $54,867);
And
that effective December 1, 2004, the base salary for the Deputy Mayor be
increased to 106% of the adjusted total salary of a Regional Councillor, to a
total of $104,622 (currently $101,323);
And
that effective December 1, 2004, the base salary for the Mayor be increased to
145% of the adjusted total salary of a Regional Councillor, to a total of
$143,115 (currently $138,047);
And
that the salaries for Councillors, the Deputy Mayor and the Mayor be adjusted
on an ongoing basis as per the percentages above;
And
that all Members of Council no longer receive the yearly increases provided to
Non-Union staff (historically those negotiated by CUPE);
And
that no single annual salary increase exceed 5% without a compensation review;
And
that severance pay for Town of Markham Members of Council be increased to: one
month for every year of continuous service up to twelve months, prorated for
part years of service, and 3/52 of the annual remuneration of the member for
every year of continuous service in excess of twelve years, prorated for part
years of service to a maximum of eighteen months’ remuneration;
And
further that all other benefits for Town of Markham Members of Council remain
unchanged.
(5) POWERSTREAM
PROMISSORY NOTE -
PAYMENT INTENT (13.8) Report Letter
That the
attached letter stating that it is not the intent of the Corporation of the
Town of Markham to demand accelerated payment of the PowerStream promissory
note in accordance with section 3 of the “Amended and Restated Promissory Note”
dated June 1, 2004 within a year of the date of the letter be approved by
Council.
(6) LICENSING
COMMITTEE
PROPOSED REMUNERATION (2.0)
Staff was
requested to consider and report back on the possibility of members of the
Licensing Committee being compensated for attendance at hearings.
(7) MARKHAM
ENERGY CORPORATION
STATUS REPORT ON
ORGANIZATIONAL STRUCTURE
(13.7)
That
the report entitled “Markham Energy Corporation – Status Report on
Organizational Structure” be received
And
that Council as shareholder, terminate the term of the lay members of the Board
of Directors, being David
Allison, Richard Ling, Paul Hyatt and
Mark Wolnik, as of December 31, 2004, with
expressions of appreciation from Markham Energy Corporation;
And
that Council as shareholder, elect the Mayor and all members of Council as
members of the Markham Energy Corporation Board of Directors effective
immediately;
And
that the Commissioner of Corporate Services be authorized and directed to
negotiate appropriate compensation owing, if any, to the former members of the
Markham Energy Corporation Board of Directors and report back to Council and to
report back to Council with recommendations on future remuneration of Markham
Energy Corporation Directors;
And
that staff investigate the availability of other, more appropriate names for
Markham Energy Corporation, such as Markham Business Enterprises Inc., and
report back on available names;
And
that newly constituted Board of Directors of Markham Energy Corporation be
requested to appoint the Chief Administrative Officer, John Livey, as President
of Markham Energy Corporation;
And
that the Board of Directors of Markham District Energy Inc. be requested to
appoint the Commissioner of Corporate Services, Andy Taylor, as Treasurer of
the Corporation;
And that the Revised and Restated
Shareholders Declaration be amended to re-instate the approval authority of
Markham Energy Corporation with respect to Markham District Energy Inc. and all
other changes necessary or desirable
to give effect to the foregoing and the merger of Markham Hydro Distribution
Inc.;
And
that the above recommendations be made public upon Council approval.
Moved by Councillor A. Chiu
Seconded by Regional Councillor B. O’Donnell
That the Report of the Committee of the Whole
be adopted, approved and confirmed.
Carried
3. MINUTES
(1) COUNCIL
MEETING
- DECEMBER 14, 2004
Moved by
Councillor A. Chiu
Seconded by
Councillor G. McKelvey
That the
Minutes of the Council Meeting held on December 14, 2004, be adopted.
CARRIED
4. PRESENTATIONS
(1) UNIONVILLE
GALA COMMITTEE (12.2.6)
Representatives
of the Unionville Gala Committee were in attendance to present a cheque to
Council in the amount of $75,000.00.
This money was raised from the Annual Unionville Gala held at the
Markham Theatre to assist with the restoration of the Kathleen McKay House.
5. DELEGATIONS
Council
consented to add Delegations (1).
(1) Sandra
Wiles – representing a number of Markham developers/builders, requesting
additional time for final review of the proposed housekeeping amendments to the
Urban Expansion Area Zoning By-law No. 177-96, as amended. (Other Business (1))
(10.5)
(By-law No. 2005-5)
6(a) REPORT NO. 1 - COMMUNITY SERVICES &
ENVIRONMENT COMMITTEE
Moved by Councillor A. Chiu
Seconded by Councillor S. Daurio
That Report No. 1 - Community Services & Environment Committee be
received and adopted.
December 13, 2004
(1) OTHER COMMITTEE PROCEEDINGS
- MINUTES OF COMMUNITY
SERVICES & ENVIRONMENT
COMMITTEE MEETING – DECEMBER
13, 2004 (16.0)
That the Community Services & Environment Committee minutes dated
December 13, 2004 be received.
CARRIED
6(b) REPORT NO. 2 - GENERAL COMMITTEE
Council
consented to separate Clause (3).
Moved by
Councillor G. McKelvey
Seconded by
Councillor J. Virgilio
That Report
No. 2 - General Committee be received and adopted.
January 10, 2005
(1) AMENDMENT TO PURCHASING BY-LAW 2004-341
(7.9 & 2.0)
That
the report entitled “Amendment to Purchasing By-Law 2004-341” be received;
And
that the clause which reads: “Where Consulting and Professional Services are
estimated not to exceed $25,000, the appropriate Director may award a contract
for the services upon such terms and conditions as deemed appropriate.” Be
added to PART II, Article 3 Request for Quotations (between $5,001 to
$24,999) as Item 5.
(By-law
2005-1)
(2) COMMISSIONER
REMUNERATION (11.0)
That the current salary range for
Commissioners be amended to provide a maximum job rate of $156,500 effective
June 1, 2004;
And that the car allowance provision for
Commissioners be increased from $587 to $700 per month effective June 1, 2004.
CARRIED
(3) MAIN
STREET MARKHAM – HEAVY TRUCK
RESTRICTION (5.10) Report
That the staff
report dated January 10, 2005, entitled “Main Street Markham – Heavy Truck
Restriction” be received;
And that staff
after consultation with the Ministry of Transportation and Region of York
report back by March 2005 with the status of an implementation plan for the
restriction of heavy trucks on Main Street Markham and details as to the
transfer of jurisdiction for Hwy 48 (16th Avenue to Major
Mackenzie);
And that the
Terms of Reference for a Class Environmental Assessment for improvements to Hwy
48 (16th Avenue to Major Mackenzie) include the streetscape/parking
improvements for Main Street (Princess Street to 16th Avenue);
Moved by Regional Councillor J. Heath
Seconded by Councillor J. Webster
That Clause (3), Report No. 2 be amended to include the following
paragraph:
“that Council request the Ministry of Transportation to remove the
truck route designation from Main Street Markham (Highway 48) south from Major
Mackenzie Drive to Highway 407 and reassign the truck route designation to the
Markham By-pass, and that the change be introduced immediately;”
LOST
(See
following recorded vote) (3:8)
YEAS: Regional
Councillor J. Heath, Councillor J. Virgilio, Councillor J. Webster. (3)
NAYS: Mayor
D. Cousens, Regional Councillor J. Jones, Regional Councillor B. O'Donnell,
Councillor S. Daurio, Councillor G. McKelvey, Councillor D. Horchik, Councillor
K. Usman, Councillor A. Chiu. (8)
ABSENT: Deputy
Mayor F. Scarpitti, Councillor E. Shapero. (2)
(4) OTHER COMMITTEE PROCEEDINGS
- MINUTES OF GENERAL COMMITTEE
MEETING
- JANUARY 10, 2005 (16.0)
That the General Committee minutes dated January 10, 2005 be received.
CARRIED
6(c) REPORT NO. 3 - DEVELOPMENT SERVICES
COMMITTEE
Moved by Councillor G. McKelvey
Seconded by Councillor J. Virgilio
That Report No. 3 - Development Services
Committee be received and adopted.
January 11, 2005
(1) DANNY DIMEO, CALIBER HOMES
DEPUTATION REGARDING WINDOWS
AT MERIN
INVESTMENT PROPERTY, SOUTH
EAST CORNER
OF HIGHWAY 7 AND MAIN STREET
(16.11)
That
the correspondence and deputation by Mr. Danny DiMeo, regarding the use of
vinyl windows by Caliber Homes, be received;
And
that the Extract of Item # 4 from the Heritage Markham Committee meeting held
on December 8, 2004, the Staff Memorandum to Heritage Markham Committee, dated
December 8, 2004, and the Staff Memorandum dated January 4, 2005, be received;
And
that the use of the custom vinyl
windows shown to Committee be approved for all sides of the new houses
by Caliber Homes for Merin Investment Property at the south east corner of
Highway 7 and Main
Street.
(2) TOWN INITIATED ZONING BY-LAW TO RESTRICT
ISSUANCE
OF RESIDENTIAL BUILDING PERMIT
UNTIL MUNICIPAL SERVICES
AND CAPACITY ARE AVAILABLE (PR
04 028625) (10.5, 5.0)
That
the written submission from Paula J. Tenuta, representing the Greater Toronto
Home Builders’ Association, with comments regarding Town initiated zoning
by-law amendment File PR 04 028625, be received;
And that the
report from the Development Services Commission dated December 7, 2004, entitled “Town Initiated Zoning By-law to Restrict Issuance of
Residential Building Permits until Municipal Services and Adequate Capacity is
Available” be received;
And that the
Record of the Public Meeting held on January 11, 2005, with respect to the
proposed Zoning By-law, be received;
And that the Town initiated Zoning By-law be
approved;
And that the proposed By-law be finalized and
presented to Council for enactment.
(3) OTHER COMMITTEE PROCEEDINGS
- MINUTES OF DEVELOPMENT SERVICES
COMMITTEE MEETING – JANUARY 11,
2005 (16.0)
CARRIED
7. COMMUNICATIONS
Council
consented to add Communication No. 10-2005.
Moved by Councillor
A. Chiu
Seconded by
Councillor G. McKelvey
That Council
receive and consent to the disposition of communications in the following
manner:
Received
1-2005 The
Regional Municipality of York - Forwarding a
resolution regarding Hydro One's proposal to expand transmission capacity in the
Markham-Newmarket Corridor. (13.4)
2-2005 Town
of Newmarket - Forwarding a resolution to support the Region of York in the
joint request for expansion of local dialling in York Region and throughout the
Greater Toronto Area. (13.5.2)
3-2005 City
of Kingston - Forwarding a resolution with respect to calling on the Ontario
government to stop the National Child Benefit Supplement claw back. (13.5.1)
4-2005 Association
of Municipalities of Ontario - Forwarding
an update from their November 2004 Board of Directors Meeting. (13.12.2)
5-2005 Globe
and Mail - Publishing an article regarding the increase of planning application
fees at the City of Toronto. (13.5.2)
6-2005 The
Regional Municipality of York - Forwarding a resolution regarding the recently
announced provincial health initiative involving the establishment of Local
Health Integration Networks (LHIN) and their impact on the York Region Health
Services Department. (13.4)
Referred to all Members of Council
7-2005 Liquor
Licence Application - Request to complete the Alcohol and Gaming Commission
Municipal Information Form for Saagar Indian Cuisine, 7690 Markham Road, Unit 6C (indoor). (3.21)
8-2005 Liquor
Licence Application - Request to complete the Alcohol and Gaming Commission
Municipal Information Form for Sushi Garden No. 1 Japanese Restaurant, 2300 John Street, Unit 4 (indoor). (3.21)
Referred to Commissioner of Development
Services and Town Solicitor
9-2005 Ontario
Municipal Board - Forwarding a decision on the application submitted by 1107656 Ontario
Inc. (Leitchcroft Planning District) for official plan and zoning by-law
amendments (Blocks 45, 49 and 50, Plan 65M-3226) (Block 50 and Part of Block
49, Plan 65M-3226) allowing the appeal in part. (10.3 & 13.13)
(By-laws 2005-2 and 2005-3)
Referred to Commissioner of Development
Services
10-2005 Sandra
Wiles, KLM Planning Partners Inc. - Forwarding comments with respect to the
housekeeping amendments to the Urban Expansion Area Zoning By-law No. 177-96, as
amended. (10.5)
(By-law 2005-5)
CARRIED
8. MOTIONS
Council
consented to add Motion (1)
(1) UNIONVILLE
GALA COMMITTEE (12.2.6)
Moved by
Councillor J. Heath
Seconded by
Regional Councillor B. O’Donnell
That congratulations,
thanks and appreciation be extended to Councillor J. Virgilio and the
Unionville Gala Committee for their significant achievement in raising $75,000
to assist with the restoration of the Kathleen McKay House.
CARRIED
(2/3 vote to consider was required and obtained)
9. OTHER BUSINESS
Moved by
Councillor A. Chiu
Seconded by
Seconded by Regional Councillor J. Heath
That Other
Business (1) be received and adopted.
(1) BY-LAW 177-96 - HOUSEKEEPING AND ZONING BY-LAW
AMENDMENT (ZA 04-013653)
(10.5)
THAT the Development Services Commission
report dated June 1, 2004 entitled “Preliminary
Report, By-law 177-96 - Housekeeping and Zoning By-law Amendment,
(File number ZA 04-013653)”
be received;
AND THAT the Record of the Public Meeting
held on June 28, 2004, with respect to
the proposed amendments to By-law 177-96 be received;
AND THAT Council confirm, as per Section
34(17) of the Planning Act, that no further Public Notice is required;
AND FURTHER THAT the proposed amendments to
By-law 177-96 be enacted.
(By-law 2005-5)
CARRIED
10. BY-LAWS
Council
consented to separate By-law No. 2005-5.
Moved by
Councillor A. Chiu
Seconded by
Councillor K. Usman
That By-laws 2005-1
to 2005-10 be given three readings and enacted.
Three Readings
BY-LAW 2005-1 A
by-law to amend By-law 2004-341, a by-law to establish procurement, service and
disposal regulations and policies (Add Paragraph 5 to PART II, Article 3. - Request
for Quotations (between $5,001 to $24,999).
(Clause 1, Report No. 2, 2005)
BY-LAW 2005-2 A
by-law to adopt Official Plan Amendment No. 127 (1107656 Ontario Inc. (Leitchcroft Planning District),
Blocks 45, 49 and 50, Plan 65M-3226 - To permit a mixed-use development).
(Ontario Municipal Board Approval dated December14, 2004)
(Communication No. 9-2005)
BY-LAW 2005-3 A by-law to amend Zoning By-law 177-96,
as amended (1107656 Ontario Inc. (Leitchcroft Planning District) - To remove requirements for at-grade commercial uses, to rezone lands
south of South Park Road to permit a new neighbourhood park, to rezone lands
located on Block 50 and part of Block 49 of Registered Plan 65M-3226 to permit
medium and high density residential, and to prohibit industrial and warehouse
lands within the Business Park Area zone).(Ontario
Municipal Board Approval dated December 14, 2004)
(Communication No. 9-2005)
BY-LAW 2005-4 A
by-law to amend Zoning By-law 118-79, as amended (1530633 Ontario Ltd., 38 Buttonfield Road - To include a Health Centre and additional restaurant permissions
to permit a bakery).
(Clause 5, Report No. 60, 2004)
BY-LAW 2005-5 A
by-law to amend Urban Expansion Area Zoning By-law 177-96, as amended
(Housekeeping amendments)
(Other Business (1)) CARRIED
BY-LAW 2005-6 A
by-law to amend By-law 2002-178, a by-law to appoint Municipal Law Enforcement
Officers (To revise Schedules A & B)
BY-LAW 2005-7 A
by-law to dedicate certain lands as part of the highways of the Town of Markham
(Plan 65M-2141, Block 26 - Willow Creek Drive and Block 27 - Bernadotte Drive).
BY-LAW 2005-8 A
by-law to dedicate certain lands as part of the highways of the Town of Markham
(Part of Block 128, Plan 65M-2520, designated as Part 7, Plan 65R-27216 -
Prince William Drive).
BY-LAW 2005-9 A
by-law to designate part of a certain plan of subdivision not subject to Part
Lot Control (World Tech Construction Inc., Lots 11 to 26, Plan 65M-3775, South
Unionville District, north side of Caboto Trail, south of Helen Avenue and west
of Harry Cook Drive).
BY-LAW 2005-10 A by-law to confirm the proceedings of the Council meeting of January 18, 2005.
(Council Meeting No. 2, 2005)
CARRIED
11. ADJOURNMENT
Moved by Councillor
A. Chiu
Seconded by Councillor
K. Usman
That the
meeting do adjourn.
CARRIED
Council
adjourned at 7:45 p.m.
___________________________________ ___________________________
SHEILA
BIRRELL, TOWN CLERK DON
COUSENS, MAYOR
(Signed)