2005-09-27

COUNCIL MINUTES  Council Chamber, Civic Centre

 

(Canada Room)

COMMITTEE OF THE WHOLE

 

ROLL CALL

Mayor D. Cousens (6:05 p.m.), Deputy Mayor F. Scarpitti, Regional Councillor J. Heath, Regional Councillor B. O'Donnell, Councillor S. Daurio, Councillor J. Virgilio, Councillor G. McKelvey, Councillor J. Webster, Councillor D. Horchik, Councillor K. Usman (6:05 p.m.), Councillor A. Chiu. (11)

 

Regrets

Regional Councillor J. Jones, Councillor E. Shapero. (2)

 

 

Moved by Councillor A. Chiu

Seconded by Councillor J. Virgilio

 

That Council resolve itself into the Committee of the Whole to discuss the following:

 

(1)        Operations Organizational Review (5.0)

(2)        Markham’s Participation in the Premier's Mission to China, November 6-15, 2005 (10.16)

(3)        Ontario Power Authority (OPA) Update (13.8)

(4)        2005 Advisory Committee/Board Appointments (16.24)

(5)        Legal Matter (5.10, 5.14.2 & 7.0)

(6)        Legal Matter (5.5)

(7)        Assessment of Storm & Sanitary Sewer System Performance Audit (5.5)

(8)        Ontario Municipal Board Appeal, Dimitrios Kyriakou, 39 Grandview Avenue

(9)        Status Report on Enterprise Drive/Go Transit Grade Separation Project (5.10, 5.14.2, 7.0)

(10)      Land Acquisition for the Southeast Community Centre (6.6, 8.6)

(11)      Loblaw Properties Ltd., Ontario Municipal Board Appeal, 2938 Major Mackenzie Drive (13.13)

CARRIED

 

 

The Regular Meeting of Council was held on September 27, 2005 at 7:00 p.m. in the Council Chamber, Civic Centre.  Mayor D. Cousens presided.

 

 

(Council Chambers)

COUNCIL

ROLL CALL

Mayor D. Cousens, Deputy Mayor F. Scarpitti, Regional Councillor J. Heath, 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

Regional Councillor J. Jones, Councillor E. Shapero. (2)

 

 

STAFF

J. Livey, Chief Administrative Officer

J. Baird, Commissioner of Development Services

C. Conrad, Town Solicitor

B. Cribbett, Treasurer

J. Sales, Commissioner of Community & Fire Services

A. Taylor, Commissioner of Corporate Services

S. Birrell, Town Clerk

P. Miller, Manager, Secretariat Services

B. Nanninga, Executive Assistant

 

 

 

1.         DISCLOSURE OF PECUNIARY INTEREST

 

None declared.

 

 

 

2.         REPORT OF THE COMMITTEE OF THE WHOLE

 

Moved by Councillor A. Chiu

Seconded by Councillor J. Virgilio

 

That Council rise from the Committee of the Whole and the Chairman report.

 

CARRIED

 

Council consented to separate Item 1.

 

Deputy Mayor F. Scarpitti reported the following motions passed at the Committee of the Whole meeting:

 

(1)        OPERATIONS ORGANIZATIONAL REVIEW (5.0)

               Report     1   2   3  

 

That the 3-year Organizational and Staffing Plan for Operations, contained within the Operations Division Review, be endorsed and the organizational and complement adjustments recommended for 2005 be approved;

 

And that the cost impact in the amount of $93,050 for the organizational and complement adjustments in 2005 be funded from various Operations 2005 operating accounts to be coordinated with the Operations and Finance Department, it being understood this represents annualized costs of $300,000 commencing in 2006;

 

And that the organizational and complement adjustments timed for 2006 be endorsed in principle subject to consideration during the 2006 budget process;

 

And that the organizational and complement adjustments timed for 2007 be reviewed during the third quarter of 2006, and reassessed in conjunction with the 2007 annual budget process;

 

And that staff be directed to negotiate (or consult) as required with CUPE Local 905 on changes to bargaining unit classifications required to implement the organizational structure;

 

And that the Support Services estimates attributable to Waterworks be funded from the combined water and wastewater rates.

 

CARRIED

 

 

(2)        MARKHAM’S PARTICIPATION IN THE
            PREMIER'S MISSION TO CHINA
            NOVEMBER 6-15, 2005 (10.16)

            Memo 

 

That the verbal update from Ted Northcott, Senior Economic Development Officer, providing itinerary details for the Premier's Mission to China on November 6 – 15, 2005, be received;

 

And that Markham participate, contingent upon at least one business partner from Markham participating;

 

And that Councillor J. Virgilio, as Chair of the Economic Development Committee, be appointed to participate in the Mission.

 

 

(3)        ONTARIO POWER AUTHORITY (OPA) UPDATE (13.8)

 

Whereas the Council of the Town of Markham on September 13, 2005 passed a resolution expressing strong support for the “integrated solution” announced by the Ontario Power Authority (OPA) on September 9, 2005 in regard to the York Region Electrical Supply Study;

 

And whereas the OPA on September 22, 2005 released a draft final report to the Ontario Energy Board (OEB), which is generally consistent with the September 9 announcement, but which now introduces a “contingency” transmission solution, in the event that no successful procurement contract for local generation is concluded;

 

And whereas local generation can meet the needs of Northern York Region and is clearly preferable to transmission based on technical and public policy grounds;

 

NOW THEREFORE BE IT RESOLVED AS FOLLOWS:

 

That the OPA be advised that the Town of Markham continues to strongly support the preferred “integrated solution” recommended by the OPA, comprised of:

 

· Demand Reduction across York Region;

· New Transformer Station capacity in Northern York Region; and,

· Local Generation in Northern York Region.

 

And that the OPA be commended for undertaking a fair, open and participatory consultation process, including technical working group, elected officials, and public meeting components;

 

And that the OPA be advised that the Town of Markham continues to strongly oppose a transmission solution on the basis that transmission is not the preferred solution and, due to the lack of public consultation and proper Environmental Assessment process, should not be pursued given the extensive public opposition and the detrimental social, economic and environmental impacts;

 

And that Markham Council commits to working with the Markham Energy Conservation Office,  PowerStream Inc.,  other York Region municipalities and local hydro distribution companies, the OPA, the Ministry of Energy and all stakeholders, to pursue opportunities for conservation and electricity demand management.

 

And that the OPA and Hydro One continue to work with those communities that will host the new transformer station and the local generation plant to ensure appropriate mitigation is put in place;

 

And further that copies of this resolution be forwarded to the OPA, the OEB, the Premier of Ontario, the Minister of Energy, York Region M.P.P.’s, York Region municipalities and York Region hydro distribution companies.

 

 

(4)        2005 ADVISORY COMMITTEE/BOARD APPOINTMENTS (16.24)

 

Community Issues Committee

That the resignation of Ted Chisholm from the Community Issues Committee effective immediately be received and Mr. Chisholm be requested to fulfil the term of the committee which is expected to conclude in 2005;

 

Information Markham Board

That the following appointments made by the Information Markham Board for a term to expire May 31, 2006, be received for information:

 

                  Catherine Biss, President

                  John Butler

                  Cara Cellini

                  Mary Grande, 2nd Vice-President

                  Janice Ho

                  Rosemarie McClean

                  Greg McCormick

                  Peter Miller, 1st Vice-President

                  John Riddell

                  Todd Sheriff, Treasurer

                  Sara Tam, Secretary

                  William Tyrrell

                  Councillor John Webster

                  Marilyn Bastien (Administrator)

 

 

(5)        LEGAL MATTER (5.10, 5.14.2 & 7.0)

 

Members of Council were updated on a legal matter.

 

 

(6)        LEGAL MATTER (5.5)

 

Members of Council were updated on a legal matter.

 

 

(7)        ASSESSMENT OF STORM AND SANITARY SEWER
            SYSTEM PERFORMANCE AUDIT (5.5)

 

That staff be directed to bring forward an information report to General Committee that addresses the concerns of residents with respect to infrastructure capacity.

 

 

(8)        ONTARIO MUNICIPAL BOARD APPEAL
            DIMITRIOS KYRIAKOU, 39 GRANDVIEW AVENUE (10.12 & 13.13)

 

That the Town Solicitor be instructed to attend the Ontario Municipal Board hearing in support of the Committee of Adjustment's refusal to grant a variance application for a reduction of the front yard setback respecting 39 Grandview Avenue, Thornhill;

 

And that the Town Solicitor be instructed not to take a position at the Ontario Municipal Board hearing with respect to the variances for building depth and gross floor area that were denied by the Committee of Adjustment respecting 39 Grandview Avenue, Thornhill.

 

 

(9)        STATUS REPORT ON ENTERPRISE DRIVE/
            GO TRANSIT GRADE SEPARATION PROJECT (5.10, 5.14.2, 7.0)

 

That staff be authorized to proceed as directed.

 

 

(10)      LAND ACQUISITION FOR THE
            SOUTHEAST COMMUNITY CENTRE (6.6, 8.6)

 

That the report entitled "Markham Road, Southeast Community Centre Land Acquisition" dated June 28, 2005, be received;

 

And that Council authorize the Mayor (or his designate) and the Clerk to enter into an Agreement of Purchase and Sale, and to execute all related documents and take any action necessary to give effect to the Agreement, for the purchase of approximately 25.71 acres of land from 777192 Ontario Limited or their respective successors and assigns, being a part of Concession 8, Part Lot 4 (to be severed from the parent parcel and a new R-Plan to be prepared and deposited), situated south of Kirkham Drive and east of Markham Road for a community centre at a cost of $9,000,000, along with the conveyance of approximately 1.53 acres of valley from the owner for nominal consideration, excluding GST, in a form satisfactory to the Chief Administrative Officer and the Town Solicitor;

 

And that the $9,000,000 be funded from Capital Budget Account 70-6200-6684-005, South East Community Centre Land Purchase, and 70-5350-6691-0005, Central East Community Centre Land Purchase.

 

CARRIED

 

 

 

3.         MINUTES

 

(1)        COUNCIL MINUTES
            SEPTEMBER 13, 2005

 

Moved by Councillor A. Chiu

Seconded by Councillor K. Usman

 

That the Minutes of the Council Meeting held on September 13, 2005, be adopted.

 

CARRIED

 

4.         PRESENTATIONS

 

Council consented to withdraw Presentation (2), and add Presentations (5) and (6).

 

 

(1)        MARKHAM MARINERS
             - NATIONAL, ONTARIO BASEBALL ASSOCIATION AAA
            AND YORK-SIMCOE BASEBALL ASSOCIATION CHAMPIONS (12.2.6)

 

Council recognized the following Members of the Markham Mariners Baseball Team for winning the National, Ontario Baseball Association AAA, and York-Simcoe Baseball Association Championships:

 

Coaches & Manager

Dan Bleiwas Coach

Peter Kottaras, Manager

Henry Mukai Coach

Sandro Velocci Coach

Tony Wong, Coach

 

National, Ontario Baseball Association AAA, & York-Simcoe Champions

Dennis Boodhoo

Adam Carpino

Marco Diroma

Nick Fogarty

James Kottaras

Daniel Mukai

Argenis Paz

Chris Romano

Brodie Ross

Adam Velocci

Aliston Wong

 

National Champions

Tyler Wheeler

Tyler Rutherford

Greg Densem

Billy Hurley

Marcus Knecht

Andrew Ledger

Josh Robinson

 

(2)        OLDER ADULTS IN ACTION PRESENTATION OF CHEQUE (12.2.6)

 

Ms. Barb Brown, President, and Ms. Betty Hoover, Treasurer, Older Adults in Action, were to attend to present a cheque to Council to be applied against the operating costs of the Water Street Seniors Centre.

 

WITHDRAWN

 

 

(3)        THE CENTRE FOR THE D.R.E.A.M.S. INC. (12.2.6 & 3.4)

 

Ms. Elaine Vollett, Executive Director, was in attendance regarding October, 2005 being proclaimed "The Month of DREAMS" in Markham.

(Proclamations (1))

 

 

(4)        MARKHAM SUSIE GARDEN AND ECO SUSIE AWARDS (12.2.6)

 

Council presented Awards to the winners, and thanked the Committee Members and Judges as follow:

 

MARKHAM SUSIE AWARDS COMMITTEE MEMBERS

Lynn Bean

Karen Boniface

Councillor Alex Chiu, Ward 8

Catherine Harrison

Cathie Jeffery

Michelle Lopez

Moyra Pyne

Lesley Price

Diane Sewell

Councillor Erin Shapero, Ward 2

Trudy Tatangelo

Barbara Twiner

Muriel Wooston

 

JUDGES

Marg Amos

Linda Bokhaut

Karen Boniface

Colleen Cirillo

Vivian Clodd

Peter Cox

Morven Crothers

Louissa Dart

Hazel Denning

Gayle Feltham

Andrea Fiebig

Paul Fielding

Beth Frost

Carol Gardener

Carol Hill

Richard Jarrell

Dorothy McKelvey

Barbara Nanninga

Heather Navarra

Krista Olins

Judy Prentice

Lesley Price

Moyra Pyne

Keith Thirgood

Barbara Twiner

Helen Walter

Diane Ward

Muriel Woolston

Pam Wright

 

 

MARKHAM SUSIE AWARDS - TOP GARDENS IN THE COMMUNITIES

 

Category A - Residential front gardens with frontages of 40 feet or less

Thornhill

17 Braeburn Drive

28 Fraser Street

39 McKelvey Drive

 

Unionville

41 Karma Road

43 Meadowbrooke Lane

227 Stonebridge Dr

 

Markham

15 Cornell Common Rd.

15 Cornerstone Rd

29 Settlement Park

 

Milliken Mills

9 Alderbury Drive

90 Appleby Crescent

14 Springfield Drive

 

Category B - Residential front gardens with frontages of 41 feet or more

Thornhill

2 Barristers Court

2 Cedar Forest Court

18 Cedar Forest Court

16 Fairway Heights Crescent

72 Fairway Heights Drive

4 Fleance Drive

23 Ida Street

5 Laureleaf Road

9 Seinecliffe Road

 

Unionville

97 Angus Glen Blvd

2 Briarwood Road

292 Calvert Road

36 Carlton Road

41 East Drive

48 Fonthill Blvd

 

Markham

15 Billy Joel Crescent

88 Fincham Avenue

16 Tavistock Court

9 Willowgate Drive

 

Milliken Mills

7 Highglen Avenue

 

Category C - Multiple front gardens within a multiple unit complex

Thornhill

7811 Yonge St.

8111 Yonge Street - The Gazebo

 

Unionville

25 Austin Drive

55 Austin Drive

 

Markham

1 Thomson Court

 

Category D

- Businesses – Front landscapes commercial locations, schools and places of worship

Thornhill

7529 Yonge St

7699 Yonge St

 

Unionville

1008 Kennedy Road

136 Main St.

 

Milliken Mills

431 Alden Road

 

 

ECO SUSIE AWARDS

16 Charnwood Place

26 Colborne Street

62 Donnamora Crescent

 

 

MARKHAM SUSIE AWARDS - TOP GARDENS ACROSS THE TOWN

 

Category A - Residential front gardens with frontages of 40 feet or less

1^st Place - 15 Cornerstone Road, Markham Village

2^nd Place - 43 Meadowbrooke Lane, Unionville

3^rd Place - 17 Braeburn Drive, Thornhill

 

Category B - Residential front gardens with frontages of 41 feet or more

1^st Place - 9 Willowgate Drive, Markham Village

2^nd Place - 2 Cedar Forest Court, Thornhill

3^rd Place - 9 Seinecliffe Road, Thornhill

 

Category C - Multiple front gardens within a multiple unit complex

1^st Place - 8111 Yonge Street - The Gazebo, Thornhill

2^nd Place - 1 Thomson Court, Markham Village

3^rd Place - 55 Austin Drive

 

Category D

 - Businesses - Front landscapes commercial locations, schools and places of worship

1^st Place - 136 Main St. Unionville

1^st Place - 431 Alden Road

 

 

ECO SUSIE AWARDS

1st Place - 62 Donnamora Crescent, Thornhill

2^nd Place - 16 Charnwood Place, Thornhill

3^rd Place - 26 Colborne Street, Thornhill

 

(5)        THE 2005 PLAY WORKS PARTNERSHIP AWARD (12.2.6)

 

Council was advised that the Town of Markham has been awarded the prestigious 2005 Play Works Partnership Award as a youth friendly community.

 

 

(6)        TOWN CRIER (12.2.6)

 

Councillor J. Webster briefly reviewed his recent visit to Australia for the competition of Town Criers and advised of valuable information exchanges.  A full written report will be prepared.

 

 

 

………………………………………………….

 

Mayor D. Cousens vacated the Chair and Deputy Mayor F. Scarpitti assumed the Chair.

 

………………………………………………….

 

 

 

5(a)      REPORT NO. 29 - GENERAL COMMITTEE

 

Moved by Councillor S. Daurio

Seconded by Councillor K. Usman

 

That Report No. 29 - General Committee be received and adopted.

 

September 12, 2005

 

(1)        2006 ELECTION ALTERNATIVE VOTING METHODS
            INTERNET VOTING (14.0)

Report

 

That Council approve the use of optic scan vote tabulating equipment, touch screen equipment and Internet Voting (Two-Step Process) as alternative methods of voting for the Town of Markham 2006 Municipal Election;

 

And that the tender process be waived in accordance with Purchasing By-Law No. 2004-341 which states:

 

            1) “The Treasurer and the Manager of Purchasing may, in consultation with the appropriate Director, negotiate a contract for the supply of goods and services without a competitive process, which shall be submitted to the Chief Administrative Officer for approval.  Final approval will be in accordance with the Contract Award Authority in Part III of this By-law (available from the Clerk’s Department).  The conditions are as follows:

 

                        b) where there is only one source of supply for the goods to be purchased;”

 

And that a by-law be presented to establish Optic Scan Vote Tabulating Equipment and Internet Voting as alternative methods of voting in the 2006 Municipal Election;

 

And that the 2005 Election accrual account be increased by an additional $34,100 in 2005, funded from the Operating Contingency account.

(By-law 2005-280)

 

 

(2)        CONVEYANCE OF LAND FOR SOUTH UNIONVILLE
            ROAD ALLOWANCE PURPOSES (8.1)

Report

 

That the report entitled Conveyance of land for South Unionville road allowance purposes dated September 12, 2005, be received;

 

And that Council authorize the Mayor and Clerk to execute all documents for the conveyance, free and clear of all encumbrances, of Part 19 Plan 65R-18880, Parts 2, 3, and 4 Plan 65R-28173 and Parts 2 and 3 Plan 65R-28260 to the Town, for nominal consideration, subject to receipt of an environmental clearance and undertaking, satisfactory to the Town’s Director of Engineering, all in a form satisfactory to the Town Solicitor, to complete respective portions of the Castan Avenue, Peshawar Avenue and Ian Baron Avenue road allowances;

 

And that the construction of these road be financed through abutting subdivision agreements;

 

And that staff be directed to do all things necessary to give effect to this recommendation.

 

 

(3)        UPDATE ON COMMUNITIES IN BLOOM JUDGEMENT (3.0)

 

That the Town of Markham immediately put efforts towards competing in the 2006 Communities in Bloom National Competition.

 

 

(4)        CANADA-ONTARIO MUNICIPAL RURAL INFRASTRUCTURE
            FUND – INTAKE TWO (5.1)

              Report 

 

That the report entitled Canada – Ontario Municipal Rural Infrastructure Fund – Intake Two be received;

 

And that the Operations and Asset Management Department be authorized to submit an application to the Canada-Ontario Municipal Rural Infrastructure Fund – Intake Two for Settlers Park Landfill Site Management Program under the Solid Waste Management category, by September 30, 2005 due date;

 

And that Council pass a resolution that the application submitted for the Settlers Park Landfill Management Program is the Town’s highest priority for the Canada-Ontario Municipal Rural Infrastructure Fund – Intake Two.

 

 

(5)        MARKHAM THEATRE ADVISORY BOARD – PROPOSED
            COMPOSITION AND TERMS OF REFERENCE (6.2)

             Report    1    2

 

That the report entitled Markham Theatre Advisory Board - Proposed Composition and Terms of Reference be received;

 

And that the terms set out in Appendix A (available from the Clerk’s Department) - Composition and Terms of Reference document be approved;

 

And that the changes would be immediate with the exception of the reduction to the membership which will be achieved through attrition;

 

And that the membership be reduced from 18 to 11 as follows:

 

Voting Members (11 voting members)

2 - Members of Markham Town Council

1 - Representative from the York Region District School Board

8 - Community Members

 

The board will also have various ex-officio members. They will have a vote when in attendance at meetings. These will include:

 

Ex-officio (3 members)

Mayor of Markham

Deputy Mayor of Markham

School Board Trustee

 

 

(6)        GO TRANSIT PARKING AT THE CENTENNIAL
            COMMUNITY CENTRE (6.6) 

              Report 

 

That the report dated September 12, 2005, entitled GO Transit Parking at the Centennial Community Centre be received;

 

And that Council give authority to staff to continue discussions with GO Transit regarding the construction of a parking structure on the Centennial Community Centre site;

 

And that Council endorse the strategy as outlined in this report;

 

And that Council endorse the cost sharing strategy as outlined in this report;

 

And that the Region of York be requested to approve the Bullock Drive and McCowan Road intersection improvements, and also cost share such improvements with the Town and GO Transit;

 

And that the Community Services Commission include an upset limit totaling $350,000 allowance in their 2006 and 2007 capital budgets for the Bullock Drive / McCowan Road intersection improvements for Council’s consideration;

 

And that Council endorse the public consultation strategy through the site plan process;

 

And that staff report back to Council on the status of the discussions with GO Transit and the Region of York relating to the construction of a parking structure at the Centennial Community Centre site and Bullock Road / McCowan Road intersection improvements, for final authorization by Council;

 

And that staff work with GO Transit to expedite the process and commence the parking structure project in conjunction with the ongoing construction of Centennial Community Centre.

 

 

(7)        CITY OF MISSISSAUGA – BILL 169 – SAFETY OF
            CHILDREN AND SCHOOL CROSSING GUARDS (13.5.2 & 13.2.7)

 

That the resolution and correspondence, (April – August, 2005) between the City of Mississauga and the Ministry of Transportation regarding Bill 169 and concerns regarding safety of children and school crossing guards be received, the resolution be endorsed and the proper authorities notified.

 

 

(8)        MARKHAM CHILDREN’S FESTIVAL AND WEEKEND
            EVENTS UPDATE (3.5)

 

That recognition and commendations be extended to Mr.. G. Dycke, Community Resource Coordinator, Recreation and Culture Services, Ms. L. Wells, Manger of Programs, Recreation and Culture Services and everyone else involved with the Markham Children’s Festival;

And that recognition and commendations be extended to all those involved with the Markham Antique Car Show, 10^th Annual Wine Tasting as well as the James Allen Cameron event;

 

And that a street in the Town of Markham be named after James Allen Cameron.

 

(9)        OTHER COMMITTEE PROCEEDINGS
            - MINUTES OF GENERAL COMMITTEE MEETING
             - SEPTEMBER 12, 2005 (16.0)

 

That the General Committee minutes dated September 12, 2005 be received.

 

CARRIED

 

 

 

5(b)      REPORT NO. 30 - GENERAL COMMITTEE

 

Moved by Councillor K. Usman

Seconded by Councillor S. Daurio

 

That Report No. 30 - General Committee be received and adopted.

 

September 19, 2005

 

(1)        TENDER #092-T-05 EAST DON RIVER TRUNK
            SEWER AND DANIELS MAYHEW
            LANE EASEMENT SEWER REHABILITATION (5.5 & 7.12.1)

              Report 

 

That the report entitled “Tender Award 092-T-05 East Don River Trunk Sewer and Daniels Mayhew Lane Easement Sewer Rehabilitation” be received;

 

And that Tender 092-T-05 for “East Don River Trunk Sewer and Daniels Mayhew Lane Easement Sewer Rehabilitation” be awarded to the lowest priced bidder, Liqui-Force Services (Ontario) Inc., in the total amount of $510,856.45 exclusive of GST;

 

And that a separate blanket purchase order be issued for contingency in the amount of $40,000.00 exclusive of GST, the use of which will be governed by the Expenditure Control Policy.

 

And further that funds are provided from Waterworks Capital Account as follows:

 

Year	Project  Name	Account #	Budget amount
2005	Trunk Sewer Rehabilitation	53-6150-6656-005	$ 436,000.00
2002	Daniels Mayhew Lane Sewer Rehabilitation	53-5350-4988-005	$146,470.00
		TOTAL	$ 582,470.00

 

 

(2)        PROPOSED 2006 BUDGET
            SUB-COMMITTEE SCHEDULE (7.0)

             Report 

 

That the report dated September 19, 2005 entitled “Proposed 2006 Budget Sub-Committee Schedule” be received;

 

And that the Budget Sub-Committee meetings scheduled for the dates and times below be approved:

 

            Tuesday, October 11^th (9 a.m. to 12 p.m. – Canada Room)

            Monday, November 14^th (9 a.m. to 12 p.m. – Canada Room)

            One additional date to be confirmed by staff

 

And that the Councillor Requests for Enhanced/New Programs be forwarded to the Finance Department by Friday, September 30^th for incorporation into the 2006 Budget discussions at the first Budget Sub-Committee Meeting.

 

 

(3)        VERBAL UPDATE ON AUGUST 19TH FLOOD (3.0, 5.7)

 

That the verbal report by Mr J. Sales, Commissioner, Community and Fire Services, be received;

 

And that the Town request that the Minister of Municipal Affairs and Housing consider providing scoped financial assistance to Town of Markham residents suffering flood damage based on such factors as age and personal income.

 

 

(4)        HELEN AVENUE SPEED LIMIT REDUCTION (5.12.2)

Report     By-law

 

That Schedule “F” (50 km/h) of Speed Limit By-law 105-71 be amended to delete Helen Avenue, from Kennedy Road to the easterly limit of Helen Avenue;

 

And that Schedule “A” (40 km/h) of Speed Limit By-law 105-71 be amended to include Helen Avenue, from Kennedy Road to the easterly limit of Helen Avenue;

 

And that the Operations and Asset Management Department be directed to install the appropriate signs upon approval of the attached by-law;

 

And that the York Regional Police Department be requested to enforce the reduced speed limit upon installation of the signs.

(By-law 2005-281)

 

(5)        OTHER COMMITTEE PROCEEDINGS
            - MINUTES OF GENERAL COMMITTEE MEETING
             - SEPTEMBER 19, 2005 (16.0)

 

That the General Committee minutes dated September 19, 2005 be received.

 

CARRIED

 

 

 

5(c)      REPORT NO. 31 - DEVELOPMENT SERVICES COMMITTEE

 

Moved by Councillor G. McKelvey

Seconded by Councillor A. Chiu

 

That Report No. 31 - Development Services Committee be received and adopted.

 

September 20, 2005

 

(1)        DESIGNATION UNDER PART IV OF THE ONTARIO  
            HERITAGE ACT, 8882 REESOR ROAD
            WILLIAM FORSTER HOUSE
            OWNER: MADISON PROPERTIES/HOMES (16.11.3)

              Report 

 

That the “William Forster House” at 8882 Reesor Road be approved for designation under Part IV of the Ontario Heritage Act;

 

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.

 

 

(2)        16TH AVENUE PHASE 2 SANITARY SEWER
            NOISE EXEMPTION BY-LAW (2.10, 5.5)

               Report 

 

That Council’s January 28, 2003 and May 26, 2005 exemptions to the Town’s Noise Control By-law #2003-137 for the Region’s 16^th Avenue Phase 2 Sanitary Sewer be modified as follows:

 

a)      Shaft Locations

Location 1 – North side 16^th Avenue opposite Longwater Chase (east)

Location 2 – South side 16^th Avenue between Warden Avenue and Lockbridge Avenue

Location 3 – North side 16^th Avenue between Woodbine Avenue and Rodick Road

Location 4 – North side 16^th Avenue opposite Stone Mason Drive

 

Exemption

1900 to 2300 hours Monday to Friday from May 16, 2005 to April 30, 2007 for shaft excavation and tunnelling, with the exception of location 4 which will be from August 16, 2005 to April 30, 2006.

 

b)      Shaft Locations

      Location 5 – North East corner of Kennedy Road and 16^th Avenue

      Location 6 – North East corner of McCowan Road and 16^th Avenue

 

      Exemption

1900 to 0200 hours Monday to Saturday from August 16, 2005 to August 31, 2007 for shaft excavation and tunnelling, with the exception of location 6 which shall be from September 1, 2005 to October 30, 2006.

0200 to 0700 Monday to Saturday from October 5, 2004 to April 30, 2007 for maintenance.

 

And that the above exemption be subject to conditions listed in January 28, 2003 Markham Council resolution;

 

And that Mr. Nitti Subramaniam, Project Manager, Region of York, be advised accordingly.

 

 

(3)        ROMANDALE FARMS LTD. AND 404 DEVELOPMENTS INC.
            10350 WOODBINE AVENUE, CATHEDRAL TOWN PHASE II
            DRAFT PLAN OF SUBDIVISION AND REZONING 
            (SU 05 009154, ZA 05 009155) (10.5, 10.7)

               Report     1 

 

That the report entitled “RECOMMENDATION REPORT: Applications for Draft Plan of Subdivision Approval and Rezoning by Romandale Farms Limited & 404 Developments Inc., Cathedral Town Phase II, 10350 Woodbine Ave. (File nos. SU 05 009154; ZA 05 009155)” be received;

 

And that the record of the Public Meeting held on June 7, 2005, relating to the application by  Romandale Farms Limited and 404 Developments Incorporated (Cathedral Town Phase II), 10350 Woodbine Avenue, for approval of a residential draft plan of subdivision and zoning by-law amendment, be received;

 

And that Draft Plan of Subdivision 19TM-05002 prepared by Design Plan Services Inc., identified as drawing number 0238-2\10 and dated August 5/05, be draft approved, subject to the red line revisions and conditions of draft plan approval set out in Appendix ‘A’ to this report;

 

And that the Director of Planning and Urban Design be directed to issue draft approval once the Owner has complied with the requirement to enter into the agreement set out below restricting pre-sale of certain residential units in the subdivision; 

 

And that prior to issuance of draft plan approval, the Owner shall enter into an agreement with the Town, applying specifically to Block 55 and Blocks 43 to 49 inclusive of draft plan 19TM-05002, which agreement shall be registered on title, committing the Owner not to enter into any agreements of purchase and sale with anyone, including other developers or builders, for the subject blocks, until the following conditions have been met:

• The Town has completed a detailed design study for the Woodbine Avenue By-pass;
• The owner has conveyed to York Region, free of all costs and encumbrances, any land required for the Woodbine Avenue By-pass within the boundaries of draft plan 19TM-05002 as identified by the above study; and,
• If required, the draft plan has been revised to reflect any changes to the Woodbine Avenue By-pass alignment and any associated changes to the configuration of the subject blocks;

 

And that the applications to amend zoning by-laws 304-87 and 177-96 be approved and the implementing by-laws be enacted;

 

And that servicing allocation for the 88 units in this draft plan of subdivision be taken from the 300 units previously granted to draft plan of subdivision 19TM-01001 (Cathedral Town Phase 1) in October 2001;

 

And that the Town reserve the right to revoke or reallocate servicing supply to the draft plan of subdivision should the development not proceed in a timely manner;

 

And that the applicant submit the required 30% subdivision processing fee.

(By-laws 2005-282 and 2005-283)

 

 

(4)        NEAMSBY INVESTMENTS INC.
            SOUTHEAST CORNER OF KENNEDY RD. AND DENISON ST.
            REZONING AND SITE PLAN APPLICATIONS TO PERMIT
            AN APARTMENT DEVELOPMENT (ZA 04 028090, SC 04 014176) (10.5, 10.6)

              Report 

 

That Neamsby Investments Inc. be granted a servicing allocation of 273 units, constituting a transfer of servicing allocation of the same number of units from their lands at the northwest corner of Markham Road and Steeles Avenue; 

 

And that the Region of York be advised of the servicing allocation for this development;

 

And that the Town reserves the right to revoke or reallocate servicing allocation should the development not proceed in a timely manner;

 

And that the Site Plan application (SC 04 014176) submitted by Neamsby Investments Inc. to permit a 273-unit apartment building development at the southeast corner of Kennedy Road and Denison Street, be endorsed for approval, with the following conditions:

 

1.      That the final site plan and elevation drawings be submitted to the satisfaction of the Commissioner of Development Services, including any revisions arising from the following:

 

a.       Recommendations of the required noise study;

b.      Recommendations of the required traffic impact study;

 

2.      That a Landscape Plan, including appropriate gateway treatments, be submitted, prepared by a Landscape Architect having O.A.L.A. membership, to the satisfaction of the Commissioner of Development Services;

 

3.      That a traffic impact study be submitted and any recommendations be implemented, to the satisfaction of the Commissioner of Development Services;

 

4.      That the appropriate zoning be in effect through the Milliken Main Street implementing zoning by-law (By-law 2005-250) or through a site-specific amendment;

 

5.      That a noise study be submitted and any recommendations be implemented, to the satisfaction of the Commissioner of Development Services;

 

6.      That an environmental site assessment be submitted to the satisfaction of the Town and appropriate agencies, identifying any required remediation to residential standards;

 

7.      That the Owner comply with all requirements of the Town and authorized public agencies, to the satisfaction of the Commissioner of Development Services;

 

8.      That the Owner enter into a site plan agreement with the Town, containing all standard and special provisions and requirements of the Town and public agencies including the following:

 

a.       Provision for the payment by the Owner of all applicable fees, recoveries, development charges, parkland dedications and financial obligations related to applicable Developers Group Agreements;

 

b.      Provision for a letter of credit for the full value of the estimated area-specific development charge amount, to be determined by the Director of Engineering;

 

c.       Provision for contribution towards community and infrastructure facilities (including, but not limited to, the school site north of Victory Avenue), where the costs of these facilities are not included within the estimated area-specific development charge amount;

 

d.      Provision requiring the Owner to provide a driveway access easement over the southerly driveway in favour of the property to the south, if and when required by the Town;

     

9.   That the Owner submit a satisfactory parking study to justify a reduction in the parking standard for this development and obtain a minor variance or zoning amendment to the Town’s parking standards;

 

10.   That a site plan agreement be executed prior to final site plan approval;

 

11.   And that the site plan approval shall lapse after a period of three years commencing September 20, 2005, in the event a site plan agreement is not executed within that period.

 

 

(5)        MARKHAM LAVAL ECONOMIC ALLIANCE
            MID-YEAR 2005 ACTION PLAN UPDATE  (10.16)

              Report 

 

That the report entitled “Markham-Laval Economic Alliance mid year 2005 Action Plan update” be received;

 

And that the Town proceed with a one-day business mission comprising Sr. Business Development Officer, Darren Ciastko, and Project Consultant, Bertrand Walle to Laval, October 25, 2005 at a cost of  $2000.00  to be funded from within Economic Development International & Economic Alliances capital account #086-6900-6775-005.

 

 

(6)        TOWN OF MARKHAM AND MARKHAM BOARD OF TRADE
            MISSION TO CARY, NORTH CAROLINA, NOVEMBER 1-3, 2005 (10.16)

              Report  

 

That the report entitled “Town of Markham and Markham Board of Trade Mission to Cary, North Carolina”, herein referred to as “the Markham delegation” be received. The cost is not to exceed $4,000 based on the participation of one member of the Economic Development Department, one member of Council as selected by Council, and the Chief Administrative Officer;

 

And that the expenditure is to be funded from within the 2005 business development account

# 086-6900-6773-005.

 

And that Economic Development staff invite several Markham businesses to participate, at their own expense.

 

(7)        MARKHAM’S PARTICIPATION IN THE
            PREMIERS MISSION TO CHINA, NOVEMBER 6-15, 2005 (10.16)

 

That the report entitled “Markham’s Participation in the Premier’s Mission to China” be received and that the Economic Development Department be authorized to work with the Premier’s office in planning Markham’s participation in the Premier’s mission to China, tentatively scheduled for November 6 – 15, 2005;

 

And that, subject to a staff update at Committee of the Whole on September 27, 2005, that costs be approved, not to exceed $15, 877 based on the participation of one member from Economic Development plus one member of Council, as selected by Council;

 

And that the expenditure be funded from within the 2005 Economic Development budget, Business Development account # 610-9985808.

 

 

(8)        NEAMSBY INVESTMENTS INC. AND
            READ-EASTERN CAPITAL OFFSHORE (CANADA) INC.
            2860 DENISON STREET AND 2352 MIDDLEFIELD ROAD.
            ZONING BY-LAW AMENDMENT TO PERMIT A TAKE-OUT
            RESTAURANT USE (ZA 05 013454) (10.5)

 

That the record of the Public Meeting held on September 20, 2005, with respect to “Neamsby Investments Inc./Read-Eastern Capital Offshore (Canada) Inc., application for Zoning By-law Amendment to permit a take-out restaurant use at 2860 Denison Street and 2352 Middleton Road (File, ZA 05 013454)”, be received;

 

And that the application to amend Zoning By-law 90-81, as amended, be enacted without further notice.

 

 

(9)        TOWN-INITIATED ZONING BY-LAW AMENDMENT
            WEST OF HIGHWAY 48 AND NORTH AND SOUTH OF
            EDWARD JEFFREYS AVENUE, TO PROHIBIT LARGER-FORMAT
            RETAIL STORES (ZA 05 015174) (10.5)

 

That the deputation by Richard Gilmour, 11 Hammersly Boulevard, in support of the Town-initiated zoning by-law amendment application, File ZA 05 015174, be received;

 

And that the Development Services Commission report dated June 21, 2005, entitled “Wismer Markham Development Inc. (Metrus) Appeals to the Ontario Municipal Board of applications to rezone 9442 and 9506 Highway 48 from Rural Residential to Major Commercial Area” be received;

 

And that the record of the Public Meeting held on September 20, 2005, with respect to the proposed amendment to Zoning By-law 177-96, be received;

 

And further that the proposed amendment to Zoning By-law 177-96, be enacted without further notice.

 

 

(10)      OTHER COMMITTEE PROCEEDINGS
            - MINUTES OF DEVELOPMENT SERVICES
            COMMITTEE MEETING – SEPTEMBER 20, 2005 (16.0)

 

That the Development Services Committee minutes dated September 20, 2005 be received.

 

CARRIED

 

 

 

6.         MOTIONS

 

Council consented to add Motions (1).

 

(1)        MARKHAM SUSIE GARDEN AND ECO SUSIE AWARDS (12.2.6)

 

Moved by Deputy Mayor F. Scarpitti

Seconded by Regional Councillor J. Heath

 

That everyone involved in the Markham Susie Garden and Eco Susie Awards be thanked and congratulated on their participation.

 

CARRIED

(2/3rd vote to consider was required and obtained)

 

 

 

7.         COMMUNICATIONS

 

Council consented to add Communications 154-2005 to 156-2005.

 

That Council receive and consent to the disposition of communications in the following manner:

 

Referred to all Members of Council

153-2005                     Liquor Licence Application - Request to complete the Alcohol and Gaming Commission Municipal Information Form for Home Made Japanese Food, 50 Lockridge Avenue, Units 1 & 2 (indoor). (3.21)

 

Referred to Commissioner of Development Services and Town Solicitor

154-2005         Steven Zakem, Aird & Berlis - Forwarding a copy of the letter sent to the Ontario Municipal Board to withdraw the Zoning By-law appeal for the application submitted by Loblaw Properties Limited to permit a gas bar and car wash facility at 200 Bullock Drive.  The Site Plan appeal will be maintained until further notice. (13.13 & 10.3)

 

Referred to Commissioner of Development Services and Town Clerk

155-2005         Niomie Massey, Cornell Rouge Development Corporation - Advising that they have no objection to the designation of the William Forster House, 8882 Reesor Road and forwarding comments with respect thereto. (16.11.3)
(Clause 1, Report No. 31, 2005)

 

Referred to Commissioner of Development Services

156-2005         Glenn Baron, 251 Helen Avenue – Thanking Council for reducing the speed limit on Helen Avenue and expressing concerns about traffic infiltration.

                        (5.12) (Clause 4, Report No. 30, 2005)

 

CARRIED

 

 

 

8.         PROCLAMATION

 

(1)        PROCLAMATIONS (3.4)

 

Moved by Councillor K. Usman

Seconded by Councillor D. Horchik

 

That the following be proclaimed in the Town of Markham:

- World Sight Day - October 13, 2005.

 

CARRIED

 

Moved by Deputy Mayor F. Scarpitti

Seconded by Regional Councillor J. Heath

 

That the following be proclaimed in the Town of Markham:

- The Month of DREAMS - October, 2005 (Presentations (3)).

 

CARRIED

 

9.         BY-LAWS

 

Council consented to separate By-Law 2005-288.

 

Moved by Regional Councillor J. Heath

Seconded by Regional Councillor B. O'Donnell

 

That By-laws 2005-280 to 2005-287 be given three readings and enacted.

 

Three Readings

 

BY-LAW 2005-280    A by-law to establish Optic Scan Vote Tabulating Equipment and Internet Voting as alternative methods of voting in the 2006 Municipal Election.
(Clause 1, Report No. 29, 2005)

 

BY-LAW 2005-281    A by-law to amend Speed By-law 105-71 (Helen Avenue speed reduction from 50 km/h to 40 km/h - From Kennedy Road to the easterly limit of Helen Avenue).
(Clause 4, Report No. 30, 2005)

 

BY-LAW 2005-282    A by-law to amend Zoning By-law 304-87, as amended (Romandale Farms Ltd. and 404 Developments Inc., 10350 Woodbine Avenue, Cathedral Town Phase II - To delete subject lands from By-law 304-87, as amended, so they can be incorporated into By-law 177-96, as amended, to permit a residential plan of subdivision).
(Clause 3, Report No. 31, 2005)

 

BY-LAW 2005-283    A by-law to amend Zoning By-law 177-96, as amended (Romandale Farms Ltd. and 404 Developments Inc., 10350 Woodbine Avenue, Cathedral Town Phase II - To permit a residential plan of subdivision).
(Clause 3, Report No. 31, 2005)

 

BY-LAW 2005-284    A by-law to dedicate certain lands as part of the highways of the Town of Markham (Block 91, Plan 65M-3343 - Sharon Lee Drive).

 

BY-LAW 2005-285    A by-law to dedicate certain lands as part of the highways of the Town of Markham (Part of Lot 5, Concession 7, designated as Part 4, Plan 65R-26787 - Middlefield Road).

 

BY-LAW 2005-286    A by-law to amend Municipal Law Enforcement Officers Appointment By-law 2002-178 and Parking By-law 2005-188 (Update the list of Officers and Private Property Enforcement Companies).

 

BY-LAW 2005-287    A by-law to designate part of a certain plan of subdivision not subject to Part Lot Control (Humbolds Properties Ltd. and Ninth Line Holdings Ltd., Plan 65M-3834, north of Castlemore Avenue and west of Swan Park Road, Lots 1 to 12 , Blocks 75 and 76).

 

CARRIED

 

 

………………………………………………….

 

Deputy Mayor F. Scarpitti vacated the Chair and Mayor D. Cousens assumed the Chair.

 

………………………………………………….

 

 

Moved by Councillor D. Horchik

Seconded by Councillor K. Usman

 

That Council recess into Committee of the Whole in-camera.

 

CARRIED

 

 

 

2.         REPORT OF THE COMMITTEE OF THE WHOLE - cont'd

 

Moved by Councillor J. Virgilio

Seconded by Councillor S. Daurio

 

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:

 

(11)      LOBLAW PROPERTIES LTD. ONTARIO
            MUNICIPAL BOARD APPEAL
            2938 MAJOR MACKENZIE DRIVE (13.13)

 

That staff be authorized to proceed as directed.

 

CARRIED

(See following recorded vote) (10:1)

 

YEAS:             Mayor D. Cousens, Regional Councillor J. Heath, 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. (10)

 

NAYS:             Deputy Mayor F. Scarpitti. (1)

 

ABSENT:        Regional Councillor J. Jones, Councillor E. Shapero. (2)

 

 

 

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

 

 

 

 

9.         BY-LAWS - cont'd

 

Moved by Councillor J. Virgilio

Seconded by Councillor S. Daurio

 

That By-law 2005-288 be given three readings and enacted.

 

Three Readings

 

BY-LAW 2005-288    A by-law to confirm the proceedings of the Council meeting of September 27, 2005.
(Council Meeting No. 16, 2005)

 

CARRIED

 

10.       ADJOURNMENT

 

Moved by Councillor A. Chiu

Seconded by Councillor K. Usman

 

That the meeting do adjourn.

 

CARRIED

 

Council adjourned at 9:11 p.m.

 

 

 

 

 

 

___________________________________          __________________________________

SHEILA BIRRELL, TOWN CLERK                      DON COUSENS, MAYOR

(Signed)