2004-11-30
COUNCIL MINUTES Council Chamber, Civic Centre
Meeting
No. 22
(Canada
Room)
COMMITTEE
OF THE WHOLE
ROLL
CALL
Mayor D.
Cousens, Deputy Mayor F. Scarpitti, Regional Councillor J. Heath, Regional
Councillor J. Jones, Regional Councillor B. O'Donnell, Councillor S. Daurio,
Councillor E. Shapero, Councillor J. Virgilio, Councillor J. Webster,
Councillor D. Horchik, Councillor K. Usman, Councillor A. Chiu. (12)
Regrets
Councillor G.
McKelvey.
Moved by Councillor
S. Daurio
Seconded by Councillor
A. Chiu
That Council
resolve itself into the Committee of the Whole to discuss the following:
(1) Hydro
One Task Force Draft Comments on Hydro One Draft Environmental Study Report
(Esr) (13.8)
(2) Changes
to Ontario Heritage Act (2.0)
(3) Rouge
Park Appeals (10.3)
(4) 2004
Council/Committee Appointments (16.24)
(5) Licensing
Hearing Renewal of Taxi Driver’s Licence M1104 (2.0)
(6) Comments On Bill 135 – Proposed Greenbelt Act, 2004
and The Draft Greenbelt Plan (13.2)
(7) Comments on Bill 135 – Proposed Greenbelt Act, 2004 and the Draft Greenbelt Plan (13.2)
(8) Hydro
One Task Force Status Report (13.8)
(9) Settlement
of Appeal by M.Midget Inc. against By-Laws 2004-145 To 2004-151 (13.13)
(10) Award
of Tender #169-T-04 for the Construction of the Bur Oak Fire Station No. 98
(5.10 & 5.7)
(11) Avant
Investments, Ellington Park 3856, 3864 And 3872 Highway 7 East Northeast Corner
of Verclaire and Highway 7 Application for Site Plan Approval and Hold Removal
Legal File No. 04 0511 Lg 0289 (10.6 & 13.13)
CARRIED
The Regular
Meeting of Council was held on November 30, 2004 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 E. Shapero,
Councillor J. Virgilio, Councillor J. Webster, Councillor D. Horchik,
Councillor K. Usman, Councillor A. Chiu. (11)
Regrets
Deputy Mayor
F. Scarpitti, Councillor G. McKelvey. (2)
STAFF
J. Livey,
Chief Administrative Officer
J. Allen,
Chief Information Officer
J. Baird,
Commissioner of Development Services
S. Birrell,
Town Clerk
J. Carnegie,
Director, Corporate Communications
C. Conrad,
Town Solicitor
B. Cribbett,
Treasurer
P. Miller,
Manager, Secretariat Services
J. Sales,
Commissioner of Community & Fire Services
A. Taylor,
Commissioner of Corporate Services
1. DISCLOSURE OF PECUNIARY INTEREST
Councillor J.
Virgilio disclosed an interest with respect to By-law 2004-331, by nature of
representing the owner of the property, and did not take part in the
consideration or discussion of or vote on the question of the approval of such
matter.
2. REPORT OF THE COMMITTEE OF THE WHOLE
Moved by Councillor
A. Chiu
Seconded by Regional
Councillor A. Chiu
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) HYDRO
ONE TASK FORCE DRAFT COMMENTS ON
HYDRO ONE DRAFT ENVIRONMENTAL
STUDY
REPORT (ESR) (13.8) Report
That
the presentation by Mr. David Estrin, Hydro One Task Force Legal Consultant
with Gowlings Lafleur Henderson, providing an update on the Hydro One Task
Force draft Environmental Study Report be received;
And that the report entitled “Town of Markham Response to
Hydro One Draft Environmental Study Report” be received;
And that the draft response to Hydro One’s
Draft Environmental Study Report be endorsed, and that a final version,
satisfactory to the Chief Administrative Officer and the Town Solicitor, be
delivered to Hydro One, with a copy to the Minister of the Environment, on or
before December 20, 2004.
(2) CHANGES TO ONTARIO HERITAGE
ACT (2.0) Report
That the staff
report entitled “Comments on Bill 60 – An Act to amend the Ontario Heritage
Act”, dated November 30, 2004, be received;
And that the
Council of the Town of Markham congratulate and commend the Province for its
commitment to the further conservation and protection of heritage resources,
especially in the area of demolition control, heritage property standards and
delegation of approval authority, as illustrated in the proposed amendments to
the Ontario Heritage Act;
And that
Markham Council generally supports the proposed changes to the Ontario Heritage Act as presented in Bill 60, An Act to
amend the Ontario Heritage Act, but specifically
requests the provincial government, through the Ministry of Culture to consider
the following amendments:
1. That
section 12 of Bill 60 be revised to indicate that the Ontario Municipal Board shall
(rather than ‘may’) appoint a member of the Conservation Review Board to sit on
a panel of the Board conducting an appeal under this Act for the duration of
the appeal [25.1 (1)].
2. That
development of standard designation criteria, which is to be prescribed by
regulation, be undertaken in consultation with municipal stakeholders, many of
which already have criteria in place.
3. That
section 19 of Bill 60 be revised to include the revision of a designated
property’s legal description as a permitted amendment to a designation by-law
[30.1(1)].
4. That
section 29 of Bill 60 be revised to include a provision whereby a heritage
conservation district study area may be created for a one year period with the
council of the municipality having the ability to amend the by-law to extend
the period of time during which it will be in effect provided the total period
of time does not exceed two years from the date of the passing of the by-law
[40.1(1)].
5. That
Part IV of the Act be amended to allow a property owner to apply to the
Province for heritage designation of his property where a municipality is
unable or fails to designate upon request.
6. That
the Act be amended to allow municipal councils to designate properties,
buildings or structures owned by the Province and its agencies.
7. That section 69 of the Act be amended to
include in addition to the existing fine provisions, a new provision that would
allow the Court to order the offender to restore the property, building or
structure, as nearly as possible, to its previous condition.
8. That the Act be amended to include a
provision for a one year limitation period to commence a prosecution of an
offence under the Act starting from the date that the municipality discovers
the offence.
9. That
section 30(1) and (2) of Bill 60 be amended to ensure that the date that the
voiding of permits and the interim control of alteration, demolition or removal
becomes applicable is the date of Council passing an intention to designate
rather than the date notice is served on the owner of the property, on the
proposed Trust, and published in a newspaper.
10. That
the Act be amended to allow a council of a municipality to authorize an
identified municipal employee, by by-law, the authority to issue a stop order
with respect to property in the municipality that may be of cultural heritage
value or interest for a specified period of time (60-90 days) to prevent the
alteration of the property, any damage to the property or the demolition or
removal of any building or structure on the property while the municipality
investigates the potential designation of the property;
And that the Province of Ontario be
requested to negotiate with municipal governments to produce one designation
list between the Province and the municipality;
And that the Province of Ontario be
requested to negotiate with the Federal Government for municipal governments to
designate properties owned by the Federal Government and its agencies in the
municipality;
And that
designated properties in provincial ownership should be required to adhere to
both provincial conservation standards and municipal conservation standards;
And that
Council endorse this report and submit it to the Province as the Town of
Markham’s comments on Bill 60 – An Act to amend the Ontario Heritage Act;
And that the
Town Clerk be requested to forward a copy of this report to the Committee Clerk
of the Standing Committee on Justice Policy before 12 noon on December 1, 2004,
as well as to the Minister of Culture, the Ontario Heritage Foundation,
Community Heritage Ontario, Ontario Historical Society and Heritage Markham.
………………………………………
Council
recessed at the hour of 7:15 p.m. to reconvene Committee of the Whole and
reconvened Council at the hour of 7:45 p.m.
………………………………………
(3) ROUGE PARK APPEALS
(10.3)
That the verbal update provided by the Director, Planning and Urban
Design regarding appeals to the Rouge Park be received.
(4) 2004 COUNCIL/COMMITTEE APPOINTMENTS
(16.24)
Cedar Grove Community Centre Board
That the following persons be appointed to the Cedar Grove Community
Centre Board for a term January 1 to December 31, 2005:
Paul
Reesor
Rick
Lapp
Murray
Reesor
Robert
Lapp
Graeme
Weston
Debbie
Lapp
(5) LICENSING
HEARING
RENEWAL OF
TAXI DRIVER’S LICENCE M1104
(2.0)
That
the following recommendation of the Markham Licensing Committee for the renewal
of Taxi Driver’s Licence M1104 be adopted and confirmed:
1. That
the refusal to renew Markham Taxi Driver Licence, number M1104, be confirmed
for 2004 and 2005; and
2. That the applicant be permitted to submit
a new application for a Markham Taxi Driver’s Licence in 2006 providing he
meets the qualifications, standards and other provisions set out in By-law
2002-308 as amended and related Town documents, at that time.
(6) COMMENTS ON BILL 135 – PROPOSED GREENBELT ACT, 2004
AND THE DRAFT GREENBELT PLAN
(13.2) Report
That
the letter dated November 29, 2004 from Kagan Shastri, Barristers &
Solicitors, in objection to the Town’s comments regarding Bill 135 and
requesting mapping indicating the cumulative effects of all environmental
initiatives on the municipal land supply, be received;
And
that the tabled memorandum dated November 30, 2004 from the Commissioner of
Development Services and the Director, Planning and Urban Design, providing a
revised resolution and Appendix ‘A’ regarding Bill 135 – the Proposed Greenbelt
Act, 2004, be received;
And
that the deputations by Ira Kagan, Kagan Shastri Barristers and Solicitors, and
Patricia Foran, Aird and Berlis LLP, in objection to the proposed comments on
Bill 135 and in support of continuing mediation with respect to OPA 116, be
received.
(7) COMMENTS ON BILL 135 – PROPOSED GREENBELT ACT, 2004
AND THE DRAFT GREENBELT PLAN
(13.2) Report
That the staff
report entitled “Comments on Bill 135 –
Proposed Greenbelt Act, 2004 and the Draft Greenbelt Plan,” dated
November 23, 2004, and the supplementary memorandum, dated November 30,
2004, including a resolution and Figure
5, revised as outlined in the memorandum, be received.;
And that the
Council of the Town of Markham congratulate and commend the Province for their
insight and strategic approach toward the protection of agricultural and
environmental lands in the Golden Horseshoe area;
And that the
Town of Markham support the Ministry of Municipal Affairs and Housing in the
finalization and implementation of the Greenbelt Plan as outlined and commented
on in this report;
And that
Council specifically request the provincial government, through the Ministry of
Municipal Affairs and Housing, to:
12. Revise
the Greenbelt Plan to allow the opportunity for municipalities to approve
severances to facilitate private ownership of existing habitable structures on
publicly owned land, subject to heritage or conservation easements, to ensure
the integrity of the Greenbelt Plan is protected.
14. Grant an extension to the commenting and consultation period for
the Greenbelt Act and Plan for two
months, to allow for further consultation with stakeholders and municipalities,
within the context of the Draft Growth Management Plan for the Greater Golden
Horseshoe area and planning reforms (Provincial Policy Statement, OMB reform
and Planning Act reform).
15. Include a Markham representative on the future Greenbelt Advisory
Council.
And that the Director of Planning and Urban Design be authorized to continue to
work with Ministry staff to seek clarification and specificity on the Greenbelt
Plan.
And that Council encourages the Province to consider the use of tri-party easements (Province,
Region and Local Municipality) to ensure permanent
protection of the publicly owned Greenbelt lands.
And that
Council endorse the report dated November 23, 2004 and the supplementary
memorandum dated November 30, 2004, and submit these to the Province as the
Town of Markham’s comments on the Bill 135 – Proposed Greenbelt Act, 2004 Bill
of Rights Registry No. AF04E0001 and the Greenbelt Plan, 2004 Bill of Rights
Registry No. PF04E0006.
And that the
Clerk be requested to forward a copy of the report and supplementary
memorandum, identified above, to the Minister of Municipal Affairs and Housing,
the Minister of Public Infrastructure, Renewal, the Minister of Natural
Resources, the Minister of Agriculture and Food, the
TRCA, the Region of York and the Rouge Park Alliance.
(8) HYDRO ONE TASK FORCE
STATUS REPORT (13.8)
That
the report dated November 30, 2004, entitled “Hydro One Task Force Status
Report” be received.
(9) SETTLEMENT OF APPEAL BY M.MIDGET INC.
AGAINST BY-LAWS 2004-145 TO
2004-151, BOTH INCLUSIVE (13.13)
That
the report entitled “Settlement of appeal by M. Midget Inc. against By-laws
2004-145 to 2004-151 both inclusive” be received;
And
that the Mayor and Clerk be authorized to execute such conveyances of land and
other documents necessary to facilitate the implementation of a settlement of
the above zoning appeals in the Community of Box Grove;
And
that Town staff be instructed to attend at the Ontario Municipal Board in
support of the proposed settlement;
And
that this report be made public, subject to Council authorizing the above.
(10) AWARD OF TENDER #169-T-04 FOR THE
CONSTRUCTION
OF THE BUR OAK FIRE STATION
NO. 98 (5.10 & 5.7)
That the
additional information provided by the Project Management Consultant regarding
the award of Tender 169-T-04 for the construction of the Bur Oak Fire Station
No. 98 be received;
And that the report entitled: "Award of Tender #169-T-04 for the
construction of the Bur Oak Fire Station No. 98" be received;
And that Council approve the design of the Bur Oak Fire Station No. 98
as described in this report at a size of approximately 10,000 square feet;
And that Council approve the project costs (exclusive of GST) as
follows:
Construction (including contingency) $2,472,000
Internal Costs* $ 168,500
Furniture Fixtures and Equipment $ 363,500
Total Project Costs $3,004,000
*Internal costs include: Architectural fees, security &
miscellaneous fees
And that Tender #169-T-04 for the construction of the Bur Oak Fire
Station No. 98 be awarded to the lowest price qualified bidder, Grenwitch
General Contracting Inc., in the total amount of $2,352,000.00 exclusive of
GST;
And that a contingency of $120,000 exclusive of GST be established and
that the General Manager, Construction and Utilities, be authorized to approve
change orders up to the contingency amount;
And that funds for Tender #169-T-04 Bur Oak Fire Station No. 98,
construction contingency, internal costs and furniture, fixture & equipment
costs be provided from the Fire and Emergency Services capital account
67-5350-6004-005;
And further that the additional funds
required to award this tender, in the amount of $349,900, be funded from
Development Charges;
Summary
of funding sources:
Previously approved capital project (Project No.6004) $2,429,100
Letter of credit from vendor for sewers $ 125,000
Development Charges (additional funds) $ 349,900
Total project funding $3,004,000
(11) AVANT
INVESTMENTS, ELLINGTON PARK
3856, 3864 AND 3872 HIGHWAY 7
EAST
NORTHEAST CORNER OF VERCLAIRE
AND HIGHWAY 7
APPLICATION FOR SITE PLAN
APPROVAL AND HOLD REMOVAL
LEGAL FILE NO. 04 0511 LG 0289
(10.6 & 13.13)
That the report dated November 23, 2004, entitled, “Avant Investments Inc. (Ellington Park), Application for
Site Plan approval and Hold removal for 3856, 3864, and 3872 Highway #7 East,
Plan 4295, Lot 4, Legal File No. 04 0511 LG 0289”, be received;
And that staff be authorized to represent the Town
before the Ontario Municipal Board to support approval of the application for
site plan approval subject to the conditions of approval set out below;
And that the zoning amendment application to remove the Hold (H) provision on the subject lands be approved in
principle and that the H removal by-law be enacted upon execution and
registration of a site plan agreement and dedication of the lands required for
completion of the Tenbury turning circle by Avant Investments Inc. and the
adjacent property owner to the north, to the satisfaction of the Director of Engineering and the Town Solicitor;
And that the
Site Plan application (SC.03.119592) submitted by Avant Investments Inc.
(Ellington Park) to construct two condominium apartment buildings be approved, subject to the following
conditions:
1. That
the Owner enter into a site plan agreement with the Town, containing all
standard and special provisions and requirements of the Town, Region of York
and other public agencies, and including the specific requirements identified
in the staff report;
2. That the site plan agreement
include provisions for the payment by the Owner of all applicable fees,
recoveries, development charges, cash-in-lieu of parkland and financial
obligations related to applicable Developers Group Agreements;
3. That
prior to the execution of the site plan agreement, the Town shall ensure
arrangements have been made to satisfy all obligations related to the
development, financial or otherwise;
4. That prior to execution of the site plan agreement, York
Region shall confirm that sewage capacity is available and the Town shall grant
sewage and water allocation for this development;
5. That
prior to the execution of the site plan agreement, the Owner shall submit final
drawings including, but not limited to, site plans and elevation drawings,
landscape plans, an underground parking layout plan, grading, servicing and engineering
drawings that comply with all requirements of the Town and authorized public
agencies, to the satisfaction of the Commissioner of Development Services;
6. That
the Owner submit a Landscape Plan, prepared by a Landscape Architect, having
O.A.L.A. membership, reflecting the comments contained in this staff report for
approval by the Commissioner of Development Services, prior to the execution of
the site plan agreement;
7. That
the location, size and construction of all refuse storage areas and any applicable
waste separation requirements be to the satisfaction of the Town of Markham
Waste Management Department;
8. That
the Owner pay for all costs associated with the relocation of utilities within
the right-of-way, as may be required;
9. That
the Owner pay for the cost of a tree assessment survey undertaken for the Town;
10. That
the Owner obtain approval from the York Region Transportation and Works
Department prior to commencing any work on the site or road allowance;
11. That
the Owner pay for the design and construction of Tenbury Drive cul-de-sac as
part of the required road dedication requirements to the satisfaction of Engineering staff and
provide a financial contribution for tree planting in the Tenbury Drive
boulevard according to Town standards to the satisfaction of the Commissioner
of Development Services;
12. That
the Owner pay for the design and construction of external works on Verclaire
Gate abutting the site and watermain connection between Tenbury Drive and
provide for the widening of Verclaire Gate to the satisfaction of the Director
of Engineering. The Owner shall enter into a development agreement with the Town,
to ensure fees and securities for these works are in place to the satisfaction
of the Director of Engineering;
13. That the Owner convey to the Town, an easement for a watermain
connection between Tenbury Drive and Verclaire Gate;
14. That
the Owner pay its proportionate share of development charges in accordance with
Area Specific Development Charge By-laws;
15. That
the Owner undertake a noise study due to noise generated by Highway 7 and
complete any mitigation measures, including noise warning clauses in the
agreement of purchase and sale for future condominium owners to the
satisfaction of the Director of Engineering;
16. That
the Owner provide a service easement from Verclaire Gate to the adjoining
property to the east for future service connections to the satisfaction of the
Director of Engineering;
17. That
the Owner provide
a detailed stormwater management plan which maintains the existing
overland flow route from the existing subdivision to the north to the
satisfaction of the Director of Engineering;
18. That the Owner pay its proportionate
share of local services to be finalized at the agreement stage. Projects
include:
i.
Sidewalk and illumination on Verclaire Gate
ii.
Recoveries to original developers
iii.
Stormwater management pond and over-sized
storm sewer to be constructed on the south side of Highway 7 East within OPA 21
lands
19. That
the Owner pay cash-in-lieu of parkland dedication;
20. That the Owner pay
their share of the local costs of Highway 7 streetscape improvements based upon
the lot frontage; and,
21. That
the site plan approval will lapse after a period of three years from the date
of this site plan approval, in the event that the Owner does not enter into a
site plan agreement with the Town during that period.
Moved by Councillor A. Chiu
Seconded by Regional Councillor J. Heath
That the Report of the Committee of the Whole
be adopted, approved and confirmed.
CARRIED
3. MINUTES
(1) COUNCIL
MINUTES
- NOVEMBER 16, 2004
Moved by
Councillor A. Chiu
Seconded by
Councillor K. Usman
That the
Minutes of the Council Meeting held on November 16, 2004, be adopted.
CARRIED
4. DELEGATIONS
(1) 2005
WATER/WASTEWATER RATES
- PUBLIC MEETING (5.3 & 5.5)
Notices were published in the Markham Economist and Sun and Thornhill Liberal on
November 9 & 23, 2004 advising that the Town of Markham is holding a public
meeting this date to obtain public input on the proposed Retail Water/Sewer
Rate increase.
Ms. Barb Cribbett, Treasurer, presented an information report regarding this
matter. (Motion No. 1)
(2) Mr.
Ira Kagan, Kagan Shastri Barristers and Solicitors, regarding the Town comments
on Bill 135 - Proposed Greenbelt Act, 2004 and the Draft Greenbelt Plan and
urging Council to continue the process with respect to OPA 116. (13.2) (Committee
of the Whole Item No. 6 and 7 - Nov. 30, 2004)
(3) Ms.
Patricia Foran, Aird & Berlis Barristers and Solicitors, regarding the Town
comments on Bill 135 - Proposed Greenbelt Act, 2004 and the Draft Greenbelt
Plan and urging Council to continue the process with respect to OPA 116. (13.2)
(Committee of the Whole Item No. 6 and 7 - Nov. 30, 2004)
5(a) REPORT NO. 61 - FINANCE &
ADMINISTRATIVE COMMITTEE
Council
consented to separate Clause (1).
Moved by
Councillor S. Daurio
Seconded by
Councillor J. Virgilio
That Report
No. 61 - Finance & Administrative Committee be received and adopted.
November 8, 2004
(1) RECOMMENDED TOWN PROCEDURES FOR
INSPECTING AND REGISTERING TWO
UNIT HOUSES (10.7) Report 1 2 3
That the staff
report entitled “Recommended Town Procedures for Inspecting and Registering Two
Unit Houses”, be received;
And that Council approve the recommended Town
regulations for inspecting and registering “grandfathered” two unit houses as
outlined in this report, notably that:
(a) the Fire Services Department continue to
act as “Lead” Department for the inspection and registration of “grandfathered
two unit houses”;
(b) the
Town’s By-law for Registration of Two-Unit Residential Occupancies (By-law
308-97) be amended to:
-
incorporate a new definition of
“two unit house” and “residential unit” consistent with the provincial
government’s definition; and
- require
that prior to registration, every dwelling unit in a two unit house shall be
inspected to ensure that it complies with all relevant standards determined to
be applicable, as set out in the Ontario Building Code, the Ontario Fire Code,
the Fire Protection and Prevention Act, and the applicable Zoning By-law and
the Property Standards By-law, all as amended from time to time;
(c) the Town’s Fees and Charges By-law (By-law
2002-276) be amended to:
- recognize that the
$300.00 inspection fee for a two unit house compliance includes a maximum of
“4” Fire Services inspections after which an individual inspection fee of
$75.00 per hour or part thereof will be applied at the discretion of the Fire Chief
or delegated Fire Services staff; and
- require an additional
inspection fee of $300.00 for each unit in excess of the main and the second
dwelling unit.
(d) a
new Two Unit House Declaration Form as set out in Appendix “A”, attached to the
original Council Minutes in the Clerk's Office, be approved for use by the
Building Standards Department in qualifying “grandfathered” two unit houses;
(e) funding
in the amount of $6000.00 be approved from the Development Services Commission
operating budget for consulting services for AMANDA set-up and training support
for the managers and staff assigned
from Fire Services Department, Building Standards Department, and the Clerks
Department (By-law Enforcement) to coordinate administration of “grandfathered”
two unit houses;
(f) the
procedural flowchart as set out in Appendix “B”, attached to the original
Council Minutes in the Clerk's Office, be approved as a template for an
enhanced process for inspecting and
registering “grandfathered” two unit houses and enforcement of illegally
established units;
(g) Corporate
Communications be authorized to publish an in-house public information sheet
specifically for owners, landlords, architects, engineers, builders and general
contractors, for use as a guide to inspection and registration of
“grandfathered” two unit houses;
And that the
necessary funding be considered in the 2005 Operating Budget for staff
resources (including fire prevention, by-law enforcement and prosecution
administrative staff) and training support to implement the enhanced
procedures, recommended in this report;
And further
that staff from the Development Services Commission (Building Standards),
Corporate Services Commission (By-law Enforcement), and Community Services
Commission (Fire Services), be directed to implement the actions outlined in
this report and provide a status report on the delivery of enhanced procedural
changes for “grandfathered” two unit houses to the CAO and Commissioners in six
months time.
DEFERRED
(See following motion to defer)
Moved by Councillor K. Usman
Seconded by Councillor E. Shapero
That Clause (1) Report No. 61 be deleted in
its entirety and the following be substituted therefore:
“That the
staff report entitled “Recommended Town Procedures for Inspecting and
Registering Two Unit Houses”, be received;
And that
the tabled information regarding the inspection of two unit houses, be
received;
And that
consideration of the recommended Town procedures for inspecting and registering
two unit houses be deferred and referred to the next Finance and Administrative
Committee meeting in order for the Commissioner of Community and Fire Services
to provide an audit of the figures.”
CARRIED
5(b) REPORT NO. 62 - COMMUNITY SERVICES &
ENVIRONMENT COMMITTEE
Council
consented to separate Clauses (1) and (5).
Moved by
Councillor A. Chiu
Seconded by
Councillor E. Shapero
That Report No
62 - Community Services & Environment Committee be received and adopted.
November 15, 2004
(1) INFRAGUIDE (3.0) Report
Whereas
the Town of Markham currently spends approximately $25,000,000 on Capital and
Operating Budgets for the maintenance, rehabilitation and reconstruction of its
water, storm, wastewater and road system infrastructure and;
Whereas
the National Guide to Sustainable Municipal Infrastructure (InfraGuide) gathers
and documents best practices that reflect proven approaches to build
sustainable infrastructure to Canadians in those areas and;
Whereas
the Federation of Canadian Municipalities has partnered with the National
Research Council of Canada to develop InfraGuide with support from Government
of Canada and;
Whereas
application of such best practices will assist communities across Canada to get
the maximum return on every dollar invested in infrastructure while being
mindful of the social and environmental implications of their decisions and;
Whereas
the Town of Markham strives to be a leader in ensuring the quality of life of
its citizens through appropriate short and long-term sustainable infrastructure
investment decisions;
Now
therefore be it resolved that the Town of Markham endorses the use of the
appropriate best practices developed by InfraGuide;
And
that the Federation of Canadian Municipalities share the motion with their members
and the Federal and Provincial Governments to encourage ongoing commitment and
support for InfraGuide;
And
further that this report be forwarded to the Region of York and all local
municipalities in York Region for their consideration and endorsement of the
InfraGuide.
CARRIED
(2) FITNESS CENTRE HOURS OF OPERATION AND
AGE
REQUIREMENTS (6.6) Report 1 2
That the
report entitled “Fitness Centre Hours of Operation and Age Requirements” be
received;
And that
Council approve the realignment of weekend Fitness operational hours from
8:00 a.m. to
4:00 p.m. to 8:00 a.m. to 6:00 p.m.;
And that
approval be granted to lower the membership age limit from 18 years to 16
years;
And further
that these changes be effective September 1, 2005, to coincide with the
completion of the Thornhill Community Centre expansion.
(3) EARLY BIRD CAMP REGISTRATION PRICE
DISCOUNT (6.0) Report
That the
report entitled “Early Bird Camp Registration Price Discount” be received;
And that the
early bird camp registration price discount be reduced from 15% to 10%
effective January 2006.
(4) BY-LAW TO CREATE EMERGENCY MANAGEMENT
PROGRAM AND STATUS OF
COMPLIANCE WITH THE
EMERGENCY MANAGEMENT ACT
(3.0) Report
1
That the Town adopts the proposed Emergency
Management Program as required by the Emergency Management Act., R.S.O. 1990,
c. E9.;
And that the Town adopt, as part of the
Emergency Management Program, the Emergency Plan which governs the provision of
necessary services and municipal responses during the emergency;
And that the Town adopts the proposed revised
By-law establishing an Emergency Management Program for the protection of
public safety, health, the environment, the critical infrastructure and
property to promote economic stability and a disaster-resilient community;
And that a Community Emergency Management
Coordinator Assistant, .25 (1/4 time) Full Time Employee (FTE) be considered in
the 2005 operating budget;
And that the previous By-law on
this matter, 94-1999, be repealed.
(By-law 2004-325)
(5) TERMS OF REFERENCE – ENVIRONMENTAL
MANAGEMENT PLAN (5.7) Report
That Council
recognise the importance of establishing a Town-wide Environmental Management
Plan, and direct all Town departments to participate and contribute to this
important strategic corporate initiative. Participation of all departments will
be directed through the recently established staff technical advisory committee
comprising selected senior staff from various departments, coordinated and
chaired by the Manager of Environmental Leadership;
And that the
proposed Terms of Reference for hiring a consultant to prepare an Environmental
Management Plan study, attached as Appendix 1 to the original Council minutes
in the Clerk’s department, be endorsed;
And that the
Manager of Environmental Leadership, in conjunction with the staff technical
advisory committee, be authorized to: call for and receive proposals from
interested consultants; oversee the consultant selection process, including
conducting an interview of candidates;
And that the
Environmental Issues Committee be used as a steering committee for the
development of the Environmental Management Plan and that two (2) members from
the Environmental Issues Committee be involved with the interview committee.
CARRIED
(6) OTHER COMMITTEE PROCEEDINGS
- MINUTES OF COMMUNITY
SERVICES & ENVIRONMENT
COMMITTEE MEETING – NOVEMBER
15, 2004 (16.0)
CARRIED
5(c) REPORT NO. 63 - FINANCE &
ADMINISTRATIVE COMMITTEE
Council
consented to separate Clauses (1), (2) and (12).
Moved by
Councillor S. Daurio
Seconded by
Councillor K. Usman
That Report
No. 63 - Finance & Administrative Committee be received and adopted.
November 22, 2004
(1) TOWN OF MARKHAM RESERVE STUDY (7.0) Report 1 2 3
Council consented to a separation of the
question.
That the
presentation of the Director of Financial & Client Services regarding the
Town of Markham
Reserve Study, be received;
And that the
report dated November 22, 2004 entitled “Town
of Markham Reserve Study” be received;
And that
Working Capital, Corporate Rate Stabilization, Winter Maintenance,
Contingencies, Special Corporate Rate Stabilization, and Debt Charge Payment
reserves be consolidated into one Corporate Rate Stabilization Reserve;
And that the
City Centre Infrastructure, Raymerville Park Construction, Valleylands
Revitalization, Peace Garden, Parks Vaughan/Gallanou, Fred Varley Art Centre,
Elson Park, Tennis Court Repairs, Walden Pond Maintenance reserves and reserve
funds be closed and the balance of funds, in the amount of $52,060, be
transferred to the Major Capital Repairs and Replacement Reserve;
And that the
Tree Replacement reserve be closed and balance of funds, in the amount of
$7,030, be transferred to an existing capital project, project # 6197 –
Replacement of Boulevard/Park Trees;
And that the
Facility Ramp-up reserve be used to fund 2005 Capital Projects for Centennial
Community Centre Renovations ($3,100,000), Centennial Community Centre – Second
Floor Accessibility Improvements ($100,000), Museum Reception Centre
($490,000);
And that the
Firefighter Bunker Gear, Major Capital Repairs/Replacement, Recreation and
Culture Capital Replacement reserves be consolidated into an interest earning
Major Capital Repairs and Replacement Reserve.
CARRIED
That the following clauses of the staff report entitled "Town of
Markham Reserve Study", dated November 22, 2004, be deferred and referred
to a Special Work Session in the New Year (2005):
That the balance of the Corporate Rate Stabilization
reserve be established at 15% of the local tax revenue, $11,650,000 for 2005;
And that the balance of funds in the
Corporate Rate Stabilization Reserve, in the amount of $18,959,307, be
transferred to the Major Capital Repairs and Replacement Reserve;
And that the General Capital Reserve and
Planning Studies reserve be consolidated to an interest earning “10% Non-DC
Growth” reserve to be funded from the sale of land;
And that $500,000 of the Hydro Interest
Income be used to fund the interest earning Environment Land Acquisition
Reserve Fund on an annual basis;
And that an interest earning Land Acquisition
Reserve Fund be established to finance the purchase of strategic land
acquisitions that are non-growth and that are not environmentally sensitive;
And that $500,000 of the Hydro Interest
Income be used to fund the interest earning Land Acquisition Reserve Fund on an
annual basis;
And that $3,000,000 of the Hydro Interest
Income be used to fund the interest earning Major Capital Repairs and
Replacement reserve on an annual basis;
And that the Hydro Equity Reserve be closed
with the balance transferred to the Major Capital Repairs and Replacement
reserve;
And that future year-end operating surpluses,
if any, be used first to top-up the Corporate Rate Stabilization Reserve to a
level equivalent to 15% of local tax revenues and secondly to replenish the
expenditures in the Environmental Land Acquisition Reserve Fund, and finally
transferred to the Major Capital Repairs and Replacement Reserve;
And further that should the year-end
operating surplus not be sufficient to top-up the Corporate Rate Stabilization
Reserve or replenish the Environmental Land Acquisition Reserve Fund, funding
for both should be included in the following year’s capital budget discussions.
CARRIED
(See following motion to defer which was
Lost)
Moved by Regional Councillor J. Heath
Seconded by Councillor E. Shapero
That Clause (1), Part 2, Report No. 63 be deferred to the Finance and
Administrative Committee.
LOST
(See
following recorded vote) (2:8)
YEAS: Regional
Councillor J. Heath, Councillor E. Shapero. (2)
NAYS: Mayor
D. Cousens, Regional Councillor J. Jones, Regional Councillor B. O'Donnell,
Councillor S. Daurio, Councillor J. Virgilio, Councillor J. Webster, Councillor
D. Horchik, Councillor K. Usman, Councillor A. Chiu. (9)
ABSENT: Deputy
Mayor F. Scarpitti, Councillor G. McKelvey. (2)
(2) RECORDING DEVICES AT MEETINGS (16.23) Report
That
a by-law be enacted to amend By-Law 2001-1, "A By-law to Govern the
Proceedings of Council and Committees of Council", (as amended), to:
- Permit the use of audio and video
recording equipment in the Council Chamber by the public or media with the
location to be at the discretion
of the Chair, provided it is not disruptive to the meeting.
And that the matter relating to the use of external communication
devices during Council and Committee meetings be referred back to staff for
further review and consideration of comments raised this date.
(By-law
2004-326)
CARRIED
(3) TOWN OF MARKHAM AND TELUS
MOBILITY PARTNERSHIP
(6.6 & 3.0 & 12.2) Report
That
a non-exclusive partnership between the Town of Markham and Telus Mobility for
In-Building Cell Phone Coverage enhancement ("Spot Wave" technology)
as well as support of children's literacy in the amount of $41,000 be approved
by Council;
And
that a Community Partnership agreement between Telus Mobility and the Town of Markham be
prepared, consisting of a license agreement for Cell Phone Coverage enhancement
and a sponsorship agreement to support children's literacy;
And
that Council authorize the Mayor and Clerk to execute this agreement in a form
satisfactory to the Town Solicitor;
And
that the Manager of Marketing and Community Partnerships work with internal
stakeholders to implement and service the partnership;
And
that the $41,000 revenue be allocated as follows:
- $18,000 of the revenue from this
partnership be applied equally to the operating budget of each of the 9
facilities where Telus will install cell phone coverage enhancements;
- $2,000 be directed to Strategic Services
2005 operating budget to administer the partnership;
- $21,000 is credited to a 2005 Markham
Public Libraries capital account to enhance educational programming and
children's literacy.
(4) CANCELLATION, REDUCTION OR REFUND OF
TAXES UNDER SECTIONS 357 AND
358
OF THE MUNICIPAL ACT, 2001
(7.3) Report
That
residential taxes totalling $126,428.87 be adjusted under Section 357 (in the
amount of $85,518.14) and Section 358 (in the amount of $40,910.73) of the Municipal Act, 2001 of which the Town's
portion is estimated to be $27,306.75;
And
that the associated interest be cancelled in proportion to the tax adjustments;
And
that the Treasurer be directed to adjust the Collector's Roll.
(5) TAX WRITE OFFS IN ACCORDANCE WITH
SECTION 354 OF THE MUNICIPAL
ACT, 2001 (7.3 & 7.1.13) Report
That
taxes totalling $804,715.88 (excluding penalty and interest) as set out in this
report be written off pursuant to the provisions of Section 354 of the Municipal Act, 2001;
And
that the applicable penalty and/or interest charges be adjusted accordingly;
And
that the Treasurer be directed to remove the taxes from the Collector's Roll.
(6) PUBLIC MEETING - ANGUS GLEN
PARKING REGULATIONS (2.17) Report
That
a public meeting be held on November 23, 2004 to present options and receive
feedback from residents of Angus Glen on revised parking by-law regulations for
their subdivision.
(7) RESULTS OF 2004 CITIZEN
SATISFACTION SURVEY
(12.0) Report 1
That
the report "Results of 2004 Citizen Satisfaction Survey" be received;
And that all staff be congratulated on their
high level of service across the Town, particularly the staff of the Contact
Centre.
(8) SETTLERS PARK LANDFILL
SITE MANAGEMENT (5.7 & 6.11) Report
That the
report entitled "Settlers Park Landfill Site Management" be received;
And that
Beatty & Associates be authorized to carry out a leachate plume assessment
in the vicinity of the Settlers Park Landfill site at an estimated cost of
$12,500;
And that
Beatty & Associates be authorized to carry out a detail design for an
Aerobic Landfill Management Plan at the Settlers Park Landfill site at an
estimated cost of $25,000;
And that the
cost for the detail design of the Aerobic Landfill Management Plan to an upset
limit of $25,000 be funded from the corporate-wide contingency capital project
and the cost for the leachate plume assessment in the estimated amount of
$12,500 be funded from the Operations and Asset Management 2004 Capital Budget,
Account No. 58-5399-6236-005;
And that the
tendering process be waived in accordance with Purchasing By-Law 143-2000,
Section 14(1C) which states "When the extension of an existing contract
would prove more cost-effective or beneficial";
And that the
Operations and Asset Management Department continue to manage and maintain the
Gas Recovery Well System to ensure compliance with the Certificate of Approval;
And that staff
pursue partnership funding opportunities with the Toronto and Region Conservation
Authority and the FMC Green Municipal Enabling Fund for the leachate plume
assessment and aerobic landfill management plan;
And that staff
report back in the spring of 2005 on the consultant's findings and
recommendations.
(9) FLEET SERVICES - GREEN FLEET
TRANSITION PLAN 2004 - 2007
(5.10 & 5.7) Report
That
the staff report entitled “Fleet Services – Green Fleet Transition Plan
2004-2007”, dated
November 22nd, 2004, be received;
And
that Council adopt in principle the Fleet Services - Green Fleet Transition
Plan 2004-2007, as outlined within this report, to guide green fleet management
actions for the Town of Markham, and that capital funding of $27,600 be
considered during the 2005 Capital budget discussions, to cover the cost of
installation of two Vehicle Refuelling Appliances;
And
that the Fleet Services - Green Fleet Transition Plan 2004-2007, as outlined within
this report, be aligned with the Fleet maintenance program and increase funding
in the Fleet Operating Budget to include the additional annual cost of using
Biodiesel in all diesel fleet vehicles (approximately $20,000/year based on the
current fuel usage and price premium of $0.06 per litre);
And
that the existing 2004 Fleet Services Vehicle Replacement Program be revised to
upgrade current vehicle specification to Diesel configurations and completed prior to implementing the Green
Fleet Transition Plan 2004-2007;
And that the additional funding required to
implement upgrades to five (5) one-ton flatbed trucks in 2004 (estimated at
$32,500) be provided from existing favourable variances in the 2002 Capital
Budget account for Fleet Replacement (existing balance approximately $33,730);
And
that the additional funding required to implement upgrades to eight (8)
vehicles to alternative ‘Green Fleet’ vehicles in 2005 (estimated at $57,266)
be absorbed in the proposed 2005 Capital Budget account for Fleet Replacement;
And
that the Director of Operations and Asset Management provide an annual progress
report to the Finance and Administrative Committee on the implementation of the
Green Fleet Transition Plan 2004-2007, including progress on environmental benefits
and targets;
And that staff include mowers, blowers, and
generators in the Green Fleet Transition
Plan;
And that staff be requested to report back on
the feasibility of using B 50 Biodiesel fuel in the summer months;
And further that the Town of Markham's Green
Fleet Transition Plan be formatted similar to the City of Toronto's Plan, to
include details on emission savings from the various
alternatives, such as electric vehicles and the use of Biodiesel fuel, and also
include information about types of vehicles, fuels, and other clean air
initiatives.
(10) LIGHT EMITTING DIODE (LED) TRAFFIC SIGNAL
DISPLAY
RETROFIT AND REPLACEMENT
PROGRAM (5.12.1 & 5.7) Report 1
That
the report entitled "Light Emitting Diode (LED) Traffic Signal Displays
Retrofit and Replacement Program", dated November 22, 2004 be received;
And
that Council adopt in principle the (LED) Traffic Signal Displays Retrofit and
Replacement Program, as outlined within this report and consider the cost
implications in the 2005 Capital budget approval process as well as the
Operations Department's five (5) year Capital Budget forecast;
And
that the Director of Operations & Asset Management be authorized to
initiate a Five (5) year program, starting in 2005, for the retrofit and/or
replacement of the existing incandescent traffic control signal displays with
light emitting diode (LED) traffic signal control displays at an estimated
total cost of $475,000.00.
(11) PATHWAY STANDARDS REPORT (6.3) Report
That
the staff report entitled "Pathway Standards Report", dated November
22, 2004, be received;
And
that Operations Department staff continue with the current standard and not
maintain park pathways during the winter months for the 2004/2005 winter
season;
And
that Operations Department staff work with Development Services to develop a
strategy for the Town's pathway network which will establish specific criteria
for pathway paving, lighting, and seasonal maintenance, and report back to
Committee and Council in 2005;
And further that staff be
requested to also consider the pathways connecting schools and neighbourhoods
in their review of the Town's pathway network.
(12) PUBLIC MEETING - TOW TRUCK
BY-LAW AMENDMENT (2.0) Report
That
a public meeting be held in January, 2005 to obtain input on proposed
amendments to the Tow Truck By-Law with the following items identified for
consideration:
- A $250 cap on the fee to be charged for
tows from accident scenes;
- A requirement for a police clearance
check for drivers, prior to licensing;
- An additional fee of $100 be assessed
with late licence renewals and re-inspections;
- Display
of telephone number on tow truck for owner to call;
- Limit
distance vehicle can be towed within community.
CARRIED
(13) RECORD OF OPPOSITION ON MOTIONS (16.23) Report
That
the report of the Town Clerk, entitled "Record of Opposition on
Motions", dated November 22, 2004, be received;
That a by-law be enacted to amend Section
3.22 of By-Law 2001-1, "A By-law to Govern the Proceedings of Council and
Committees of Council", (as amended), to:
- Provide
for recorded votes being taken at Development Services Committee meetings
when consideration is being given to "Items of Delegated
Authority" only.
(By-law
2004-326)
(14) POLICY ON THE USE OF CIVIC
CENTRE PUBLIC SPACES (12.2.6
& 12.4) Report
That
the staff report entitled "Policy on the Use of Civic Centre Public
Spaces" be received;
And
that Council approve, in principle,
the Policy, Procedures and Guidelines as set out in this report regarding the
scheduling, placement and content of displays, banners, posters and other
materials;
And that staff be directed to consider the
issues discussed this date, including maintaining visual access to the Lower
Atrium, and report back to the Finance & Administrative Committee with the
final design and layout.
(15) OTHER COMMITTEE PROCEEDINGS
- MINUTES OF FINANCE &
ADMINISTRATIVE
COMMITTEE MEETING – NOVEMBER
22, 2004 (16.0)
CARRIED
5(d) REPORT NO. 64 - DEVELOPMENT SERVICES
COMMITTEE
Council consented to separate Clauses (1) and
(7).
Moved by Councillor D. Horchik
Seconded by Councillor K. Usman
That Report No. 64 - Development Services Committee
be received and adopted.
November 23, 2004
(1) HERITAGE
FUND LOAN APPLICATION
6 AILEEN LEWIS COURT, MIKE BRADSHAW (16.11, 7.0) Report
That the Development Services Commission
Report entitled “Heritage Fund Loan Application, 6 Aileen Lewis Court, Mike
Bradshaw” dated November 23, 2004, be received;
And that the application for a loan from the
Town of Markham
Heritage Fund be approved in
the amount of $15,000, for the following restoration work at 6 Aileen Lewis Court:
-Reconstruction of original 19th
Century Veranda
-
Restoration of the original wood shingle roof;
-
Window restoration
-
Barn Restoration;
And that the
loan be subject to the standard terms and conditions of the Markham Heritage
Fund Loan program (Appendix ‘B’ to Report) attached to the original Council
minutes in the Clerk’s Department;
And that a by-law to authorize the approval
of a loan from the Town of Markham Heritage Fund to Mr. Michael Bradshaw, to undertake certain repairs to the
property municipally known as 6 Aileen Lewis Court, be approved.
(By-law 2004-327)
CARRIED
(2) DESIGNATION
UNDER PART IV OF THE ONTARIO HERITAGE ACT
9642 NINTH LINE, JAMES DARIUS HARRINGTON HOUSE
OWNER: HUMBOLD PROPERTIES LTD.
(16.11.3) Report
That the
“James Darius Harrington House” at 9642 Ninth Line be approved for designation
under Part IV of the Ontario Heritage Act, as recommended by Heritage
Markham;
And that the
Clerk’s Department be authorized to:
- publish and serve Council’s Notice of
Intention to Designate as per the requirements of the
Act;
and
- prepare the Designation By-law for the
property.
(3) HERITAGE
EASEMENT AGREEMENTS, PROPERTY TAX
REDUCTION PROGRAM FOR HERITAGE
PROPERTIES
LEGAL FILE NO. 03 0411 LG 0278
(16.11, 7.0)
Report
That a by-law
be passed to authorize the Mayor and Clerk to execute Heritage Easement
Agreements with the property owners for the properties as identified on Appendix
“A”, attached to the original Council minutes in the Clerk’s Department, and
any other documents required to give effect thereto, in a form satisfactory to
the Town Solicitor.
(By-law 2004-328)
(4) WISMER COMMONS
DEVELOPERS GROUP INC.
AMENDMENT TO THE MASTER
SERVICING AGREEMENT
FOR MUNICIPAL TRUNK
INFRASTRUCTURE (5.3, 5.5) Report
That the
Development Services Commission report titled “Wismer Commons Developers Group
Inc. - Amendment to Master Servicing Agreement for Municipal Trunk
Infrastructure” dated November 23, 2004 be received;
And that the
Mayor and Clerk be authorized to execute an amendment to the existing master
servicing agreement between the Town of Markham and the
Wismer Commons Developers Group Inc. dated January 02, 2004,
to the satisfaction of the Chief Administrative Officer and the Town Solicitor.
(5) MARKHAM HERITAGE ESTATES
STUDY OF POTENTIALLY
THREATENED BUILDINGS
FOR REMAINING LOTS (2004)
(16.11) Report
That the staff
report entitled “Markham Heritage Estates: Study of Threatened
Buildings For Remaining Lots (2004)”,
dated November 23,
2004, be received and endorsed by
Council;
And that Town
(Heritage Section) staff and Heritage Markham be requested to refer to the staff
report and associated confidential assessment of potentially threatened
heritage buildings when considering all future requests for relocation to the
Markham Heritage Estates;
And that the
moratorium enacted by Council in July 2003 on further dwellings being
considered for relocation to the Markham Heritage Estates Subdivision be
repealed;
And that Town
Staff work with the Region of York and service providers to develop viable
house relocation routing corridors for houses to be relocated to the Markham
Heritage Estates subdivision;
And that the
Policy for lot selection in the Markham Heritage Estates be amended to give
staff the flexibility to allocate the remaining lots as appropriate and to
protect for future adjustment of
lot sizes in the event that it becomes necessary to alter lot lines in order to
accommodate a larger house in the subdivision;
And that the policy restricting building
type in the Markham Heritage Estates be amended to permit no more than two
non-residential buildings, to be relocated to the Heritage Estates, restored to
their original appearance and converted to residential uses;
And that the existing policy requiring candidate buildings to be
located within the current boundaries of the Town of Markham be maintained, but
that Council give consideration to threatened buildings from lands in the
former Township of Markham on a case-by-case basis subject to such buildings
being of Regional significance, scoring no less than 85 points on the “Evaluation
Criteria for scoring the eligibility of Potentially Threatened Buildings to be
considered for relocation to the Markham Heritage Estates Subdivision” and Council being satisfied that no other threatened structure from within
the current boundaries of the Town of Markham would be more appropriate for
relocation to the Markham Heritage Estates;
And
that there be a limit of no more than 2 buildings from outside Markham boundaries;
And that Town
(Heritage Section) staff be requested to bring a report back to Council
outlining other potential options for the preservation of threatened buildings
which may not be eligible for relocation to the Markham Heritage Estates, due
to the limited number of remaining lots;
That the
detailed findings of the Study referencing the location and description of
potentially threatened heritage properties be kept confidential;
And
that appreciation be expressed to Heritage staff for their leadership and for
the preparation of the Study.
(6) ELIGIBILITY OF HOUSE FOR RELOCATION TO
MARKHAM HERITAGE ESTATES
THE JOSEPH MARR HOUSE, 8992
REESOR ROAD (16.11) Report
That Council declares the dwelling known as
the “Joseph Marr House”, located at 8992 Reesor Road to be eligible for relocation
to Markham Heritage Estates subject to the following conditions:
- The prospective purchaser of the building
must provide accurate, realistic and detailed drawings of the house,
prepared by a professional architect or designer, and provide an accurate
representation of the final height of the house in the Heritage Estates;
- The height of the house in the Heritage
Estates is to be consistent with the height of the house at its original
location;
And that a Heritage Conservation Easement be required as a condition of
relocation to the Markham Heritage Estates;
And that the owner be required to advertise the availability of the
building to those individuals who have expressed an interest in the Markham
Heritage Estates concept and in the local newspapers.
(7) LITTLE ROUGE CREEK CORRIDOR MASTER PLAN
REQUEST FOR FUNDING FORM THE
ROUGE PARK ALLIANCE
(10.8, 7.5) Report
That the staff
report entitled “Little Rouge Creek
Corridor Master Plan - Request for Funding from the Rouge Park Alliance”,
dated November 23, 2004, be received;
And that the
Council support the Little Rouge Creek Corridor Master Plan process;
And that Council
be kept informed of the planning process at key milestones throughout the study
process, including a presentation to Development Services Commission prior to
finalization of the Master Plan by the Rouge Park Alliance;
And further
that, subject to Council approving Town participation in this Rouge Park
Alliance project, funds in the amount of $15,000 be allocated in the 2005
Capital Budget;
And
that funding be provided from the 2004 Environmental Sustainability Fund.
CARRIED
(8) OLIVE BRANCH COMMUNITY
CHURCH, 175 ANDERSON AVENUE
OFFICIAL PLAN AND ZONING
APPLICATION TO PERMIT A
PLACE OF WORSHIP (OP 04
026818, ZA
04-026537) (10.3, 10.5)
That the written submission received from the
Region of York, advising that they have no comments at this time regarding
application Files OP 04 026818, ZA 04 026537, submitted by Olive Branch
Community Church, be received;
And that the deputations by Ben Quan
representing the applicant, and Brad Shimbashi of the Olive Garden Branch
Community Church regarding application Files OP 04 026818, ZA 04 026537, be
received;
And that the
Record of the Public Meeting held on November 23, 2004, with respect to the proposed Official Plan amendment and
amendments to By-law 88-76 be received;
And that the applications by The Olive Branch Community
Church to amend the Official Plan and By-law 88-76, as amended, be approved;
And that the
proposed Official Plan Amendment and amendments to By-law 88-76, be enacted
without further notice, on December 14, 2004, if possible.
(9) BOX GROVE HILL DEVELOPMENTS INC.
& BOX GROVE NORTH INC.
& BOX GROVE CENTRE INC. (19TM-030012)
TECHNICAL ZONING BY-LAW
AMENDMENT (ZA. 04-024981) (10.5)
That the
Development Services Commission information report dated October 19, 2004,
entitled “Box Grove Hill Developments Inc. and Box Grove North Inc., and Box
Grove Centre Inc. (19TM-030012), Technical zoning by-law amendment to permit 5
single detached units on lands previously zoned for a storm water management
pond and to adjust a front yard setback to allow for the relocation of two
heritage houses (ZA 04 024981)” be received;
And that the
Record of the Public Meeting held on November 23, 2004, with respect to the proposed amendments to By-law 177-96 be
received;
And that the
applications by Box Grove Hill Developments Inc. and Box Grove North Inc., and
Box Grove Centre Inc. to amend By-law 177-96 be approved;
And further
that the proposed amendment to By-law 177-96 be enacted without further notice.
(10) OTHER COMMITTEE PROCEEDINGS
- MINUTES OF DEVELOPMENT
SERVICES
COMMITTEE MEETING – NOVEMBER
23, 2004 (16.0)
CARRIED
6. MOTIONS
Council
consented to add Motions (1) through (4).
(1) 2005 WATER/WASTEWATER RATES (5.3 &
5.5)
- PUBLIC MEETING
Moved by Regional Councillor B. O’Donnell
Seconded by Councillor S. Daurio
That the Town of Markham water/wastewater rate be increased by
9.7% effective January 1, 2005 from $1.2810 per cubic meter to $1.4053
per cubic meter;
And that By-law 2002-276 (a By-law to impose fees or charges for services or activities provided or
done by the Town of Markham), be amended to reflect the increase in water/wastewater rates.
CARRIED
(2/3 vote required and obtained)
(2) CAREER
BRIDGE PROGRAM
INTERNSHIP AWARD (12.2.6)
Moved by
Regional Councillor J. Heath
Seconded by
Regional Councillor B. O’Donnell
That thanks
and appreciation be extended to Sharon Laing, Acting Director, Human Resources,
for the successful implementation of the Career Bridge Program.
CARRIED
(2/3 vote required and obtained)
(3) SANTA
CLAUSE PARADE
MARKHAM LIBRARY FLOAT (12.2.6)
Moved by
Regional Councillor J. Heath
Seconded by
Councillor K. Usman
That thanks be
extended to all staff who contributed to the success of the Markham Library
float winning first prize in the 2004
Markham Santa Clause Parade:
Catherine Biss
Lois Burkholder
Jane Byrnes
Donna Cooper
Andrew Dunlop
Bob Henderson
Janice Horne
Moe Hosseini-Ara
Hilary Huffman
Jeff Johnston
Diane Macklin
Karen Norwicki
Georgina Perrier
Sharon Philip
Maria-Fernanda Pineros
Valentina Salvalaggio
Chris Sheehy
Debbie Walker;
And
that thanks be extended to all those who contributed to the success of the Town
of Markham float winning second prize in the 2004 Markham Santa Clause
Parade. Special appreciation is extended
to staff of the Parks Department for their efforts in making the Town float a
winner:
Sheila Fockler
Eric Gilbert
Doug Henderson
Mac Straughan.
CARRIED
(2/3 vote required and obtained)
(4) BUR
OAK AVENUE
OPEN TO 16TH AVENUE
(5.10)
Moved by
Councillor J. Webster
Seconded by
Councillor A. Chiu
That Bur Oak Avenue
be opened to 16th
Avenue with the utmost
speed with all necessary and appropriate traffic controls being put in place.
CARRIED
(2/3 vote required and obtained)
7. COMMUNICATIONS
Council
consented to separate Communication (164-2004).
Moved by
Councillor K. Usman
Seconded by
Councillor A. Chiu
That Council
receive and consent to the disposition of communications in the following
manner:
Received
163-2004 The
Regional Municipality of York - Forwarding information regarding the
proclamation of January 3 to 7, 2005 as National Environmental Public Health
Professionals Week (13.4)
Referred to Commissioner of
Development Services and Town Solicitor
164-2004 Ontario
Municipal Board - Acknowledging the receipt of an appeal submitted by Minto
Markham Partnership regarding the proposed Official Plan Amendment, File OP 04
013980, to redesignate lands from Neighbourhood Commercial to Low Density
Housing at the northwest corner of Rouge Bank Drive and 9th Line in
the Legacy Community. (13.13 & 10.5)
CARRIED
165-2004 Ontario
Municipal Board - Acknowledging the receipt of an appeal submitted by Ruskinvale
Developments Ltd. and forwarding the Appointment of Hearing regarding the
proposed Site Plan Application for the property at 337 John Street, Markham,
File SC 04 019251. (13.13)
CARRIED
8. PROCLAMATION
(1) PROCLAMATIONS
(3.4)
Moved by
Councillor A. Chiu
Seconded by
Councillor E. Shapero
That the
following be proclaimed in the Town of Markham:
- World AIDS
Day - December 1, 2004.
CARRIED
9. BY-LAWS
Council
consented to add By-laws 2004-334 and 2004-335 and to separate By-law 2004-331.
That By-laws 2004-325
to 2004-335 be given three readings and enacted.
Three Readings
BY-LAW 2004-325 A by-law to establish an Emergency Management Program for the
protection of public safety, health, the environment, the critical
infrastructure and property to promote economic stability and a disaster-resilient
community.
(Clause 4, Report No. 62, 2004)
BY-LAW 2004-326 A by-law to amend By-law 2001-1, a by-law to govern the
proceedings of Council and Committees of Council (To permit the use of
recording devices at meetings and to permit recorded votes at Development
Services Committee meetings when consideration is being given to "Items of
Delegated Authority).
(Clauses 2 & 13, Report No. 63, 2004)
BY-LAW 2004-327 A by-law to authorize the approval of a loan from the Town of Markham Heritage Fund to Mr. Michael Bradshaw, to undertake certain repairs to the
property municipally known as 6
Aileen Lewis Court.
(Clause 1, Report No. 64, 2004)
BY-LAW 2004-328 A by-law to authorize the Mayor and Clerk to execute Heritage
Easement Agreements with property owners of 233 Main Street,
Unionville; 151 Main Street, Unionville; 31
Jerman Street, Markham; 15 Station Lane,
Unionville.
(Clause 3, Report No. 64, 2004)
BY-LAW 2004-329 A by-law to amend Zoning By-law 177-96, as amended (Lindvest
Properties (Cornell) Limited (H & R Developments), south of Highway 7 and
east of Ninth Line within the Cornell Community - To update the development
standards for Draft Approved Plan of Subdivision 19TM-02001).
(Clause 10, Report No. 2, 2004)
BY-LAW 2004-330 A by-law to amend By-law 2002-178, a by-law to appoint Municipal
Law Enforcement Officers (To revise Schedule "B").
BY-LAW 2004-331 A by-law to designate part of a certain plan of subdivision not
subject to Part Lot Control (Lots 30 and 31, Plan M-896, designated as Parts 1
to 21, Plan 65R-27586)
CARRIED
(Councillor J. Virgilio abstained)
BY-LAW 2004-332 A by-law to dedicate certain lands as part of the highways of the
Town of Markham (Block 72, Plan 65M-3176 - The Fairways and Block 70, Plan
65M-3468 - Prospector's Drive).
BY-LAW 2004-333 A by-law to confirm the proceedings of the Council meeting of November 30, 2004.
(Council Meeting No. 22, 2004)
BY-LAW 2004-334 A by-law to designate part of a certain plan of subdivision not
subject to Part Lot Control (Beaverbrook Homes, Cornell North Community, east
of Ninth Line and north of the Markham By-Pass, Lots
1-3, 5-12, 24-26, 38-42, 67-68, 90-91, 108, 110-112,128-129, 134-138, 160-163,
166-169, 170-173, 176-183, 186-193, 196-206, 219-222, 234-240, 247-252,
259-263, 278-283, 292-293, 300-301 and Blocks 302 and 305-311, Plan 65M-3759)
BY-LAW 2004-335 A by-law to dedicate certain lands as part of the highways of the
Town of Markham (Part of Blocks 2 to 6, Plan 65M-2503, designated as Parts 10
to 15, Plan 65R-19149 - Cox Boulevard)
CARRIED
10. ADJOURNMENT
Moved by Councillor
A. Chiu
Seconded by Councillor
K. Usman
That the
meeting do adjourn.
CARRIED
Council
adjourned at 8:35 p.m.
___________________________________ ___________________________
SHEILA
BIRRELL, TOWN CLERK DON
COUSENS, MAYOR
(Signed)