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                                                                                                                                    2004-11-16

COUNCIL MINUTES  Council Chamber, Civic Centre

Meeting No. 21

 

(Canada Room)

COMMITTEE OF THE WHOLE

 

ROLL CALL

Mayor D. Cousens, Deputy Mayor F. Scarpitti (5:10 p.m.), Regional Councillor J. Heath, Regional Councillor J. Jones (5:55 p.m.), Regional Councillor B. O'Donnell, Councillor S. Daurio, Councillor E. Shapero, Councillor J. Virgilio, Councillor J. Webster (6:00 p.m.), Councillor D. Horchik, Councillor K. Usman, Councillor A. Chiu. (12)

 

Regrets

Councillor G. McKelvey.

 

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)        Markham Stouffville Hospital Temporary Bus Loop (5.14)

(2)        Ward Boundaries (9.2)

(3)        2004 Committee/Board Appointments (16.24)

(4)        Amendment to Policy Titled “Community Services Groups Criteria for Use of Town Facilities” (6.0)

(5)        Update on the Status of Council’s 2004-2006 Strategic Priorities (16.0)

(6)        “If I Had A Million Dollars” Gala Dinner Stephen Lewis – December 2, 2004 (12.2.6)

(7)        Preapproval Of 2005 Budget Items (7.4 & 7.5)

(8)        Power Supply Update (13.8)

(9)        C.U.P.E. Negotiations Update (11.0)

(10)      Application of the C.U.P.E. Agreement to Non-Union Staff (11.0)

(11)      Property Matter (8.6)

 

CARRIED

 

 

The Regular Meeting of Council was held on November 16, 2004 at 7:04 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 J. Jones, Regional Councillor B. O'Donnell, Councillor S. Daurio, Councillor E. Shapero, Councillor J. Virgilio, Councillor J. Webster, Councillor D. Horchik, Councillor A. Chiu. (11)

 

Regrets

Councillor K. Usman, Councillor G. McKelvey. (2)

 

 

STAFF

J. Livey, Chief Administrative Officer

J. Baird, Commissioner of Development Services

S. Birrell, Town Clerk

C. Conrad, Town Solicitor

B. Cribbett, Treasurer

P. Miller, Manager, Secretariat Services

B. Nanninga, Executive Assistant

J. Sales, Commissioner of Community & Fire Services

A. Taylor, Commissioner of Corporate Services

 

 

 

1.         DISCLOSURE OF PECUNIARY INTEREST

 

None declared.

 

 

 

2.         REPORT OF THE COMMITTEE OF THE WHOLE

 

Moved by Councillor A. Chiu

Seconded by Councillor J. Webster

 

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:

 

Council consented to separate Committee of the Whole Clause 11.


 

(1)        MARKHAM STOUFFVILLE HOSPITAL
            TEMPORARY BUS LOOP (5.14)

 

That the information and feedback from the public consultation meeting and the November 4, 2004 community meeting regarding the location of a bus bay close to Markham Stouffville Hospital, be received.

 

 

(2)        WARD BOUNDARIES (9.2)
            Report AppA AppB AppC AppD

 

That the report of the Town Clerk, dated November 16, 2004, be received;

 

And that a session with Council be scheduled in January, 2005 in order to provide an opportunity for a thorough discussion

 

And that staff obtain some comparisons and provide some alternatives including preliminary numbers at that time.

 

 

(3)        2004 COMMITTEE/BOARD APPOINTMENTS (16.24)

 

Communities in Bloom Committee

 

That the following two (2) Members of Council be appointed to the Communities in Bloom Committee:

 

         Regional Councillor J. Heath

         Councillor A. Chiu

 

Environmental Issues Committee

That Brent Mersey be appointed as the Markham Conservation Committee representative on the Environmental Issues Committee.

 

Markham Conservation Committee

That the resignation of Richard Jarrell from the Markham Conservation Committee be accepted with regret and a letter of appreciation forwarded.

 

Markham Race Relations Committee

That the resignation of Rohit Ummat from the Markham Race Relations Committee be accepted with regret and a letter of appreciation be forwarded.

 

Markham Theatre Board

That the resignations of Helen Bowkett and Laurie Burns from the Markham Theatre Board be accepted with regret and letters of appreciation be forwarded.


 

Suzie Garden Awards Committee

That the following be appointed to the Suzie Garden Awards Committee:

 

         Councillor A. Chiu                                   term to expire November 30, 2006

         Councillor E. Shapero                              term to expire November 30, 2006

 

Pomona Creek Task Force

That appointments to the Pomona Creek Task Force be deferred until the composition has been determined.

 

TLC Daycare Committee

That the following be appointed to the TLC Daycare Committee:

 

         Courtney Chang                                      for a term to expire March 31, 2005

         Leslie Donaldson                                     for a term to expire March 31, 2005

         Alene Swan                                             for a term to expire March 31, 2005

         Chiling Lai                                               for a term to expire March 31, 2005

         Helen Soehner                                         for a term to expire March 31, 2005

         Michelle Alley                                          for a term to expire March 31, 2005

         Diana Allan                                              for a term to expire March 31, 2005

         Christine Pilla                                           for a term to expire March 31, 2005

         Shawna Sheldon                                      for a term to expire March 31, 2005

         Michelle Rich                                           for a term to expire March 31, 2005

 

         Councillor E. Shapero                              Nov. 30, 2006

 

         Mary Nathan, Director                            On-going

 

Traffic Safety Committee

That the following be appointed to the Traffic Safety Committee:

 

         Robert Baird                                           for a term to expire December 31, 2005

 

York Regional Police & Police Services Board Special Constable Review Committee

That the following be appointed to the York Regional Police & Police Services Board Special Constable Review Committee:

 

         Lisa Valentini, Assistant Town Solicitor

         Bill Wiles, Manager, Enforcement and Licensing


 

(4)        AMENDMENT TO POLICY TITLED
            “COMMUNITY SERVICES GROUPS CRITERIA
            FOR USE OF TOWN FACILITIES” (6.0)

 

This report was withdrawn and will be submitted for consideration at the November 30, 2004 Committee of the Whole meeting.

 

 

(5)        UPDATE ON THE STATUS OF COUNCIL’S
            2004-2006 STRATEGIC PRIORITIES (16.0)  Report

 

That the report on the status of the Town of Markham Council’s Strategic Priorities for the 2004 – 2006 Term be received for information;

 

And that the matter of pathways be referred to staff to carefully evaluate the areas of winter maintenance and connectivity to transit.

 

 

(6)     “IF I HAD A MILLION DOLLARS” GALA DINNER
         STEPHEN LEWIS – DECEMBER 2, 2004 (12.2.6)

 

That Council purchase a table of ten (10) at a total price of $1500.00 to the “If I Had a Million Dollars” Stephen Lewis Gala Dinner at Le Parc on December 2, 2004.

 

 

(7)     PREAPPROVAL OF 2005 BUDGET ITEMS (7.4 & 7.5)  Budget 

 

That the Capital Projects requiring Pre-Budget Approval, as presented at the Budget Sub-Committee meeting held on November 15, 2004 and as attached be approved in advance of the 2005 Budget.

 

 

(8)        POWER SUPPLY UPDATE (13.8)

 

That the presentation by James Small, Consultant, Canadian Urban Institute, briefing Committee on a Provincial RFP to secure additional power supply be received.

 

 

(9)        C.U.P.E. NEGOTIATIONS UPDATE (11.0)

 

That the verbal update by Ms. S. Laing, Acting Director, Human Resources, providing an update on C.U.P.E. negotiations be received;

 

And that Council approve the Memorandum of Settlement, dated October 20, 2004.


 

(10)      APPLICATION OF THE C.U.P.E.
            AGREEMENT TO NON-UNION STAFF (11.0)

 

That the tabled report and information regarding the application of the C.U.P.E. Agreement to non-union Town of Markham staff be received;

 

And that the wage increases and benefit improvements agreed to in the October 20, 2004, Memorandum of Settlement between CUPE and the Corporation be extended to all non-union staff and members of Council;

 

And that these wage increases amount to 3.5% in each of 3 years, effective April 1, 2004; April 1, 2005; and April 1, 2006;

 

And that funding for the impact of the 3.5% increase, above the amount provided for in the 2004 budget, in the estimated amount of $125,000, will be offset by favourable variances in the operating budget by year-end;

 

And that the funding for the 2005 and 2006 wage increases be reflected as part of those years' operating budgets;

 

And that the benefit improvements be equivalent to coverage for the items de-listed from OHIP in the last provincial budget.

 

 

(11)      PROPERTY MATTER (8.6)

 

That the report regarding a property matter, dated November 16, 2004 be received;

 

And that it be referred back to staff for discussions with the Rouge Park Alliance and the Toronto and Region Conservation Authority as to the significance of the subject property being on their priority list and the possibility of obtaining funding partners for the acquisition.

 

CARRIED AS AMENDED

(See following motion to amend)

(See following recorded vote)

 

          Moved by Deputy Mayor F. Scarpitti

          Seconded by Councillor E. Shapero

 

          That Committee of the Whole Item 11 be amended to add the following paragraph:


 

          And that it be referred back to staff for discussions with the Rouge Park Alliance and the Toronto and Region Conservation Authority as to the significance of the subject property being on their priority list and the possibility of obtaining funding partners for the acquisition.”

 

CARRIED

(See following recorded vote) (6:5)

 

YEAS:             Deputy Mayor F. Scarpitti, Regional Councillor J. Heath, Regional Councillor J. Jones, Councillor E. Shapero, Councillor J. Webster, Councillor A. Chiu. (6)

 

NAYS:             Mayor D. Cousens, Regional Councillor B. O'Donnell, Councillor S. Daurio, Councillor J. Virgilio, Councillor D. Horchik. (5)

 

ABSENT:        Councillor G. McKelvey, Councillor K. Usman. (2)

 

 

Moved by Councillor A. Chiu

Seconded by Councillor S. Daurio

 

That the Report of the Committee of the Whole be adopted, approved and confirmed.

 

CARRIED

 

 

 

3.         MINUTES

 

(1)        COUNCIL MINUTES
            - OCTOBER 26, 2004

 

Moved by Regional Councillor J. Heath

Seconded by Councillor J. Webster

 

That the Minutes of the Council Meeting held on October 26, 2004, be adopted.

 

CARRIED


 

4.         PRESENTATIONS

 

(1)        2004 MAYOR'S SENIORS’
            HALL OF FAME AWARDS (12.2.6)

 

Mayor Cousens presented the 2004 Mayor's Seniors' Hall of Fame Awards.  The Seniors’ Hall of Fame Award is presented to a nominee over 60 years of age who has made a unique and outstanding contribution to the Markham Community.  The Meritorious Award and Certificate of Appreciation are awarded to nominees for their unique or outstanding achievements.

 

Warren Carroll, Committee Chair, thanked Councillor S. Daurio and Barbara Nanninga for their efforts on this project and announced the winners:

 

Certificate of Appreciation

Louisa Dart

Margaret Amos

Margaret Jones

Gladys Keeble

 

Meritorious Award

Olive Graham

 

Hall of Fame Award

Donald Miller

Tony Murphy

 

 

(2)        LIVING WITH CHARACTER CONTEST RECOGNITION (12.2.6)

 

This presentation was withdrawn at this time.  Ms. Ware was nominated by her peers for the contest which was sponsored by the York Region Newspaper Group, Character Community Council and Roger Cable.  The contest honours an individual who has demonstrated strong character attributes such as respect, courage, responsibility, inclusiveness, honesty, fairness, integrity, optimism, compassion, perseverance and initiative.


 

5(a)      REPORT NO. 57 - ECONOMIC DEVELOPMENT COMMITTEE

 

Council consented to separate Clause (1).

 

Moved by Councillor J. Virgilio

Seconded by Councillor A. Chiu

 

That Report No 57 - Economic Development Committee be received and adopted.

 

October 25, 2004

 

(1)        2005 GREATER TORONTO MARKETING ALLIANCE
MISSION TO INDIA (10.16)  Report  1

 

That the report entitled “2005 Greater Toronto Marketing Alliance (GTMA) Mission to India” be received;

 

And that pre-budget approval be given to Councillor K. Usman and the Economic Development Director to represent Markham as part of a Greater Toronto Area business delegation at a cost not to exceed $12,900 to be funded as follows: $11,900 from within the 2005 base budget Business Travel account #610-9985201 and $1,000 from within the 2005 base budget Business Development account #610-9985808;

 

And that the possibility of the Mission being extended by three (3) days to visit Pakistan including Councillor Usman, the Economic Development Director and interested members of the business community be referred to the Economic Development Committee.

 

CARRIED AS AMENDED

(See following motions to amend)

 

            Moved by Deputy Mayor F. Scarpitti

            Seconded by Regional Councillor J. Jones

 

            That Clause (1), Report No. 57 be amended to delete the words "… one member of Council …" and replace them with "…Councillor K. Usman…" in Paragraph 2.

 

CARRIED

 

            Moved by Councillor D. Horchik

            Seconded by Councillor A. Chiu

 

            That Clause (1), Report No. 57 be amended to add the following paragraph:


 

            "And that the possibility of the Mission being extended by three (3) days to visit Pakistan including Councillor Usman, the Economic Development Director and interested members of the business community be referred to the Economic Development Committee."

 

CARRIED

 

 

(2)        TORONTO REGION RESEARCH ALLIANCE (10.16)   Report

 

That the report entitled “Toronto Region Research Alliance” (TRRA) be received;

 

And that Mr. D. Pecaut, of the TRRA, be thanked for his presentation to the October 25, 2004 Economic Development Committee;

 

And that Markham Council endorse the establishment of the TRRA in principle;

 

And further that staff bring forward a capital funding request to be considered as part of the 2005 Capital Budget in support of the Town of Markham taking part in the proposed TRRA.

 

 

(3)        OTHER COMMITTEE PROCEEDINGS
            - MINUTES OF ECONOMIC DEVELOPMENT
            COMMITTEE MEETING – OCTOBER 25, 2004 (16.0)

 

That the Economic Development Committee minutes dated October 25, 2004 be received.

 

CARRIED

 

 

 

5(b)      REPORT NO. 58 - TRANSPORTATION COMMITTEE

 

Moved by Councillor A. Chiu

Seconded by Councillor J. Virgilio

 

That Report No. 58 - Transportation Committee be received and adopted.

 

October 25, 2004

 

(1)        HILLMOUNT ROAD AND MOSS CREEK BOULEVARD -
            ALL-WAY STOP CONTROL (5.12.3)   Report    Map   By-law

 

That Schedule 12 of By-law 106-71, the Traffic By-law, for an all-way stop control be amended to include the intersection of Hillmount Road and Moss Creek Boulevard and that the attached amending by-law be approved;


 

And that the Operations Department be directed to install all-way stop signs at the intersection of Hillmount Road and Moss Creek Boulevard as soon as the amending by-law is approved;

 

And that York Regional Police be requested to enforce the all-way stop control upon installation of these signs.

(By-law 2004-307)

 

 

(2)        BUR OAK AVENUE AND ALFRED PATERSON DRIVE - 
ADULT SCHOOL CROSSING GUARD SERVICE AT
GREENSBOROUGH PUBLIC SCHOOL (3.16)   Report   Map

 

That the staff report entitled “Bur Oak Avenue and Alfred Paterson Drive Adult School Crossing Guard Service at Greensborough Public School,” be approved;

 

And that the Engineering Department be authorized to establish an adult school crossing guard service at the intersection of Bur Oak Avenue and Alfred Paterson Drive at Greensborough Public School at a cost of $5,880 exclusive of GST;

 

And that funding in the amount of $1,000 for the cost of the additional adult school crossing guard service for the remainder of the 2004 school year be charged to the existing 2004 operating budget, account #640 998 5642;

 

And that the Operations and Asset Management Department be directed to install school crossing signs and crosswalk pavement markings at the intersection of Bur Oak Avenue and Alfred Paterson Drive at Greensborough Public School, upon approval.

 

 

(3)        ELGIN STREET AND DUDLEY AVENUE -
           
ADULT SCHOOL CROSSING GUARD SERVICE (3.16)  Report   Map

 

That the staff report entitled “Elgin Street and Dudley Avenue – Adult School Crossing Guard Service,” be approved;

 

And that the Engineering Department be authorized to establish an adult school crossing guard service at the intersection of Elgin Street and Dudley Avenue at a cost of $5,880.00 per year, exclusive of GST;

 

And that funding in the amount of $1,000.00 for the cost of the additional adult school crossing guard service be charged to the existing 2004 operating budget, account #640 998 5642;

 

And that the Operations and Asset Management Department be directed to install school crossing signs and crosswalk pavement markings at the intersection of Elgin Street and Dudley Avenue.


 

(4)        EMPLOYER SPONSORED TRANSIT FARE DISCOUNT
            PILOT PROGRAM (5.14)  Report

 

That beginning in November 2004, the Town of Markham implement a one year pilot program offering Town staff a 50% discount on York Region Transit adult fare media;

 

And that funding for the transit investment pilot project be from the Engineering Department’s 2004 – Capital Project Account, #083 5399 4748 005;

 

And that staff report back to Committee as to the results of the pilot project to determine the continued utilization of the employee transit fare discount program.

 

 

(5)        CITY OF KITCHENER
            TRAFFIC CALMING MEASURES (5.12)

 

That the letter from the City of Kitchener, dated September 24, 2004, requesting the Minister of Transportation to remove the requirement for Environmental Assessments for the implementation of traffic calming measures be endorsed and that the Town Clerk be directed to send a similar letter to the Ministers of the Environment, and Transportation.

 

 

(6)        OTHER COMMITTEE PROCEEDINGS
            - MINUTES OF TRANSPORTATION
            COMMITTEE MEETING – OCTOBER 25, 2004 (16.0) 

 

That the Transportation Committee minutes dated October 25, 2004 be received.

 

 

 

5(c)      REPORT NO. 59 - FINANCE & ADMINISTRATIVE COMMITTEE

 

Council consented to separate Clauses (1) and (6).

 

Moved by Councillor S. Daurio

Seconded by Councillor D. Horchik

 

That Report No. 59 - Finance & Administrative Committee be received and adopted.

 

November 8, 2004

 

(1)        2005 WATER/WASTEWATER RATES (5.3 & 5.5)  Presentation

 

That the proposal to increase the Town's water rate by 6.7%, effective January 1, 2005 be presented to the November 30, 2004 Public Meeting.

 

CARRIED


 

(2)        PROPERTY STANDARDS BY-LAW (2.9)  Report  B/L 

 

That a by-law be presented to amend By-Law 248-1999, the Property Standards By-Law, as amended, to provide for a composition of five (5) and a quorum of three (3);

 

And that the Terms of Reference of the Property Standards Committee be amended accordingly.

(By-law 2004-308)

 

 

(3)        BLANKET PURCHASE ORDER EXTENSION  
B3-00054 D. CRUPI & SONS LTD. (7.12.2) Report

 

That the report entitled "Blanket Purchase Order Extension - B3-00054 D. Crupi & Sons Ltd." be received;

 

And that Blanket Purchase Order B3-00054, for Tender 057-T-03 Asphalt Maintenance be increased an additional $73,000.00 to accommodate anticipated expenditures for asphalt maintenance service for the remainder of the 2004 season;

 

And that the funding available in the various Capital Accounts identified under the "Financial Considerations' section of this report be utilized to cover the cost of additional asphalt works;

 

And that the Director of Operations and Asset Management and the Director of Finance & Client Services be authorized to extend the contract for an additional one year term (2005), subject to budget approval, Contractor's agreement to hold prices to 2003 rates, and satisfactory performance;

 

And that the Director of Operations and Asset Management, and the Director of Finance & Client Services be authorized to establish a new blanket purchase order limit for the 2005 season, based on the 2005 approved budget for asphalt maintenance.

 

 

(4)        STATUS OF CAPITAL PROJECTS AS
            OF
AUGUST 31, 2004 (7.5)  Report  ExhE 

 

That the report entitled "Status of Capital Projects as of August 31, 2004" be received;

 

And that projects listed in Exhibit B, as attached to the original Council Minutes in the Clerk's Office, entitled "Summary of Open Capital Projects 100% (or Greater) Encumbered at August 31, 2004" be closed upon payment of final invoices and any outstanding amount returned to/from the original source(s) of funding;

 

And that $1,120,105.53 from closed capital projects be transferred to the sources of funding as listed on Exhibit C, as attached to the original Council Minutes in the Clerk's Office, entitled "Summary of Closed Capital Projects by Account at August 31, 2004";


 

And that the Sections 3.0 & 4.3 of Capital Budget Control Policy be amended, in Exhibit E, as attached to the original Council Minutes in the Clerk's Office, so that remaining funding in completed tax funded projects be transferred to a corporate-wide contingency capital project to a maximum of $250,000, the use of which will be governed by the Expenditure Control Policy.

 

 

(5)        COMMUNITIES IN BLOOM (3.0 & 6.0) Report  AppA  AppB

 

That this report provide an update to Committee and Council on the Communities in Bloom public meeting held on August 25, 2004;

 

And that the Town of Markham establish a Communities in Bloom volunteer committee consisting of two members of Council and nine (9) community members to provide leadership for the Town of Markham 2005 Communities in Bloom project;

 

And that the Communities in Bloom Committee work with the Communities in Bloom Program Manager to implement the 2005 effort;

 

And that the terms of reference for Communities in Bloom Committee be adopted as outlined in Appendix A, attached to the original Council Minutes in the Clerk's Office;

 

And that the 2005 operating budget include discussion for funding the 2005 Communities in Bloom as outlined in the Communities in Bloom report received by Council on June 8, 2004;

 

And further that staff be directed to poll Members of Council to determine their interest in serving on the Communities in Bloom Committee, and appointments be made at the November 16, 2004 Council Meeting.

 

 

(6)        HOLISTIC PRACTITIONERS BY-LAW (2.0)  Report  B/L  Minutes

 

That the deputation of Ms. Helen Kuttner, member of the Therapeutic Touch Network of Ontario, regarding the proposed Holistic Practitioners By-law, be received.

 

And that the report entitled "Holistic Practitioners By-Law" be received;

 

And that a by-law, under Section 157 of the Municipal Act, 2001 be enacted, to require individuals providing holistic services within the Town to be registered in a registry;

 

And that By-law 2002-276 "Fees & Charges" be amended to incorporate a fee for the registration of Holistic Practitioners.

(By-laws 2004-309 and 2004-310)

 

CARRIED

(See following motion to defer which was Lost)


 

            Moved by Deputy Mayor F. Scarpitti

            Seconded by Councillor A. Chiu

 

            That the matter of registering holistic practitioners within the Town be deferred to the November 30, 2004 Council meeting in order to allow time for the Town Clerk to meet with members of the public in attendance at this meeting.

 

LOST

 

 

(7)        SWIMMING POOL ENCLOSURE BY-LAW
            AMENDMENT - 8 HESTER CT.  (2.15)  Report

 

That By-Law 59-75 "Swimming Pool Enclosures" be amended, as follows:

 

1. Notwithstanding Section 2 (g) of this By-Law, the pool enclosure located along the north-west property line on Lot 23 of Registered Plan M-1345 (municipally known as 8 Hester Court) may be erected less than four (4) feet from the edge of water contained in the pool subject to the following conditions:

 

1.      A barrier is maintained to the satisfaction of the Town

2.      Enclosure is maintained at a minimum height of 6 feet and is maintained to the satisfaction of the Town

3.      Enclosure to comply with all other provisions of the by-law

4.      A permit is obtained in accordance with Section 7 of the by-law

 

2. This by-law shall remain in force and effect for only as long as the subject pool existing on the property on the date of passing of this by-law remains.

 

And further that approval be subject to entering into an agreement, in a form satisfactory to the Town Solicitor, saving the Town harmless from liability.

(By-law 2004-311)

 

 

(8)        SHOPSY'S REQUEST FOR PROCLAMATION AND
REQUEST FOR CHOICE OF CHARITABLE
ORGANIZATION (3.4 & 12.2.6)

 

That the letter dated October 22, 2004 from Gino Empry, on behalf of David Cohn, President of Shopsy's, requesting that Markham proclaim December 6, 2004 as "Shopsy's Day in Markham", for the grand opening of their new store at 7240 Woodbine Avenue, and also requesting that Council name a charity to which proceeds of the day would be sent, be received;

 

And that the date of December 6, 2004 be proclaimed as "Shopsy's Day in Markham";

 

And that Shopsy's be advised that the Town of Markham wishes all proceeds of "Shopsy's Day in Markham" to go to the Unionville Home Society.


 

(9)        OTHER COMMITTEE PROCEEDINGS
            - MINUTES OF FINANCE & ADMINISTRATIVE
            COMMITTEE MEETING – NOVEMBER 8, 2004 (16.0) 

 

That the Finance & Administrative Committee minutes dated November 8, 2004 be received.

 

CARRIED

 

 

5(d)      REPORT NO. 60 - DEVELOPMENT SERVICES COMMITTEE

 

Council consented to separate Clause (1)

Moved by

Seconded by

 

That Report No. 60 - Development Services Committee be received and adopted.

 

November 9, 2004

 

(1)        POMONA CREEK IMPLEMENTATION PLAN
            TASK FORCE MEMBERSHIP (10.8, 5.7)

 

Council consented to a division on the question.

 

That the staff presentation regarding membership of the Task Force for the Pomona Creek Implementation Plan, be received;

 

And that the Task Force composition be approved as follows:

- Markham Councillors:

            Councillor Stan Daurio

            Regional Councillor Bill O’Donnell

- Resident/Business representatives:

      Mr. Tom Gove

      Mr. Sam Masson

- Toronto Ladies Golf Course:

            Ms. Sheilah Reid

- Shouldice Hospital

            Dr. E. B. Shouldice

- Toronto and Region Conservation Authority (TRCA):

            Sameer Dhala

- Glynwood:

            Ms. Marilyn Ypes

- The Don Watershed Regeneration Council:

            Ms. Deborah Martin-Downs.

CARRIED AS AMENDED

(See following motions to amend)

(See following recorded vote) (11:0)


 

            Moved by Councillor D. Horchik

            Seconded by Regional Councillor J. Jones

 

            That Clause (1), Report No. 60 be amended to delete the name of Ms. Joan King as the representative of the Toronto Ladies Golf Course and replace it with the name of Ms. Sheila Reid.

 

CARRIED

 

YEAS:             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 A. Chiu. (11)

 

ABSENT:        Councillor G. McKelvey, Councillor K. Usman. (2)

 

 

- Markham Conservation Committee or Pomona Mills Conservation Committee – one member to be determined whose participation will commence when negotiations are complete and prior to public consultation.

 

CARRIED

(See following motions to amend)

(See following recorded votes)

(See following motion to defer which was Lost)

(See following motion to amend which was Lost)

 

            Moved by Councillor S. Daurio

            Seconded by Regional Councillor B. O’Donnell

 

That Clause (1), Report No. 60 be amended to delete the last paragraph in its entirety and the following be added therefor:

 

"- Markham Conservation Committee or Pomona Mills Conservation Committee – one member to be determined whose participation will commence when negotiations are complete and prior to public consultation."

CARRIED

(See following recorded vote) (7:4)

 

YEAS:             Mayor D. Cousens, Regional Councillor B. O'Donnell, Councillor S. Daurio, Councillor J. Virgilio, Councillor J. Webster, Councillor D. Horchik, Councillor A. Chiu. (7)

 

NAYS:             Deputy Mayor F. Scarpitti, Regional Councillor J. Heath, Regional Councillor J. Jones, Councillor E. Shapero. (4)

 

ABSENT:        Councillor G. McKelvey, Councillor K. Usman. (2)


 

            Moved by Regional Councillor J. Heath

            Seconded by Councillor E. Shapero

 

            That the last paragraph of Clause (1), Report No. 60 be deferred and referred to Committee of the Whole for further discussion.

 

LOST

 

            Moved by Councillor E. Shapero

            Seconded by Deputy Mayor F. Scarpitti

 

            That the last paragraph of Clause (1), Report No. 60 be deleted in its entirety and the following be substituted therefore:

 

"- Markham Conservation Committee or Pomona Mills Conservation Committee – one member to be appointed to the Pomona Creek Implementation Plan Task Force from its inception."

 

LOST

(See following recorded vote) (4:7)

 

YEAS:             Deputy Mayor F. Scarpitti, Regional Councillor J. Heath, Regional Councillor J. Jones, Councillor E. Shapero. (4)

 

NAYS:             Mayor D. Cousens, Regional Councillor B. O'Donnell, Councillor S. Daurio, Councillor J. Virgilio, Councillor J. Webster, Councillor D. Horchik, Councillor A. Chiu. (7)

 

ABSENT:        Councillor G. McKelvey, Councillor K. Usman. (2)

 

 

(2)        DATA USE LICENCE AGREEMENT WITH
            THE PROVINCE OF ONTARIO (8.2, 13.2)  
Report

 

That Council authorize the Town Solicitor to finalize a data use licence agreement with the Province of Ontario to the Town Solicitor’s satisfaction.

 

And that Council authorize the Mayor and Clerk to enter into a data use licence agreement with the Province of Ontario to provide them with Town digital mapping for the Places to Grow Growth Plan for the Greater Golden Horseshoe.

 

 

(3)        HERITAGE CONSERVATION EASEMENT POLICY (8.1, 16.11)  Report

 

That the staff report entitled “Heritage Conservation Easement Policy”, dated November 9, 2004, be received and endorsed;


 

And that the Heritage Conservation Easement Policy attached as Appendix “A” to the original Council minutes in the Clerk’s Department, be approved;

 

And that the Heritage Conservation Easement Policy be used as a policy guideline by staff when commenting on applications involving heritage buildings in the Town of Markham.

 

 

(4)        DEEMING BY-LAW, FRANK AND FELICETTA MARCIANO
            30 WALES AVENUE, LOT 34 AND PART LOT 36, PLAN 1318
            BUILDING CODE ACT REQUIREMENTS (10.6)    
Report

 

That Council enact a by-law to deem Lot 34, and the south Part of Lot 36, Plan 1318, Town of Markham, not to be a registered plan of subdivision, and that staff take appropriate action as required under Section 50 of the Planning Act.

(By-law 2004-312)

 

 

(5)        1530633 ONTARIO INC., 38 BUTTONFIELD ROAD
            ZONING AMENDMENT TO PERMIT A COMMERCIAL FITNESS
            CENTRE AND BAKERY (ZA 04 024173) (10.5)

 

And that the Development Services Commission staff report dated October 5, 2004 entitled "Preliminary Report: 1530633 Ontario Inc. for 38 Buttonfield Road; Application for zoning amendment to add a commercial fitness centre to the list of permitted uses - Plan 65M2522, Block 167 (ZA 04 024173)" be received;

 

And that the Record of the Public Meeting held on November 9, 2004. with respect to the proposed amendment to By-law 118-97 as amended, be received;

 

 

And that the application by 1530633 Ontario Inc. to amend By-law 118-97 be approved;

 

And further that that proposed amendment to By-law 118-97 be enacted without further notice.

 

 

(6)        OTHER COMMITTEE PROCEEDINGS
            - MINUTES OF DEVELOPMENT SERVICES
            COMMITTEE MEETING – NOVEMBER 9, 2004 (16.0)

 

That the Development Services Committee minutes dated November 9, 2004 be received.

 

CARRIED


 

6.         MOTIONS

 

Council consented to add Motion (1).

 

(1)        MEMORIAL TRIBUTE (12.2.6)

 

Moved by Deputy Mayor F. Scarpitti

Seconded by Councillor J. Webster

 

That sincere condolence be extended to the family of Josephine Wannop for their loss in her recent passing.  Ms. Wannop was former President of the Markham Clothing Centre  and was well known for her volunteer work with the Veterans Association and St. Patrick’s Church and for her other community involvement.

 

CARRIED

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

 

 

 

7.         COMMUNICATIONS

 

Council consented to add Communications 161-2004 and 162-2004 and to separate Communications 157-2004 and 161-2004.

 

Moved by Councillor A. Chiu

Seconded by Councillor J. Webster

 

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

 

Received

151-2004         Rotary AIDS Development - Action & Resources Committee (RADAR) - Forwarding an invitation for the Canadian Film Premier event of an AIDS documentary entitled "A Closer Walk" being held on November 24, 2004 at 7:00 p.m. at the Manulife Centre/Varsity Cinemas in Toronto. (12.2.6)

 

152-2004         Canadian Hand Emulation Research Organization (HERO) - Forwarding information regarding their organization and requesting financial support from individuals, corporations and foundations in order to achieve their fundraising goals for 2005. (12.2.6)

 

153-2004         The Regional Municipality of York - Forwarding information and requesting support regarding the benefit of submitting a joint request to Bell Canada for the expansion of local dialling in York Region and throughout the Greater Toronto Area. (13.4)


 

154-2004         Minister of Municipal Affairs and Housing - Forwarding information and requesting assistance in bringing forward the names of eligible Councillors for the Long Standing Service Recognition of Municipal Politicians Program. (13.2.5)

 

Referred to all Members of Council

155-2004         Liquor Licence Application - Request to complete the Alcohol and Gaming Commission Municipal Information Form for Icook BBQ Seafood Restaurant, 7030 Warden Avenue, Unit D3. (indoor) (3.21)

 

156-2004         Liquor Licence Application - Request to complete the Alcohol and Gaming Commission Municipal Information Form for Kamal's Bombay Chowpatty Restaurant, 7200 Markham Road, Unit 10. (indoor) (3.21)

 

162-2004         Unionville BIA - Forwarding a request to close the following roads to facilitate the Olde Tyme Christmas being held on December 3, 2004:
- Main Street Unionville closed north of the Planing Mill Driveway to south of Library Lane (5:30 p.m. to 7:30 p.m.) and north of the driveway to the Planing Mill north to Carlton Road (5:30 p.m. to 11:00 p.m.)
-  Carlton Road closed west of Concession Road east to the first driveway at the Curling Club (5:30 p.m. to 7:30 p.m.)
-  Fred Varley east from
Main Street to west of Lennox Lane (5:30 p.m. to 11:00 p.m.) (3.5)
(By-law 2004-322)

 

Referred to Commissioner of Community & Development Services, and Town Solicitor

157-2004         The Regional Municipality of York - Forwarding information regarding the proposed Regional Forest Conservation By-law and requesting that local municipalities consider passing resolutions to delegate authority to the Region to make the by-law applicable to woodlots from 0.2 hectares to 1 hectare in size. (13.4)

Moved by Councillor E. Shapero
Seconded by Deputy Mayor F. Scarpitti

That the communication from the Regional Municipality of York forwarding information regarding the proposed Regional Forest Conservation By-law also be referred to the Commissioner of Development Services and the Town Solicitor.

                                                                                                               CARRIED


 

Referred to Commissioner of Community Services

161-2004                     John McCallum, MP, Markham-Unionville - Forwarding an invitation to the Town of Markham regarding his Holiday Food Drive taking place at the Milliken Mills Community Centre on November 28, 2004 from 2:00 p.m. to 5:00 p.m. with all proceeds to be forwarded to the Markham Food Bank and requesting approval of the following:
-  post the event on the Town of Markham Website
-  erect event posters at the Town of Markham Offices
-  use the Markham Civic Centre as a drop location for food donation collection until mid-December.  (12.2.6)

Moved by Deputy Mayor F. Scarpitti
Seconded by Councillor E. Shapero

That the communications from John McCallum, MP, Markham-Unionville, regarding his
2004 Holiday Food Drive be referred to staff to contact Mr. McCallum’s office to determine what assistance Town staff could provide.

                                                                                                    CARRIED

 

Referred to Commissioners of Community & Development Services

158-2004         The Regional Municipality of York - Forwarding information regarding the proposed Regional Road Assumption Criteria with a request for review and comments by December 17, 2004 from local municipalities. (13.4)

 

Referred to Commissioner of Development Services & Town Solicitor

159-2004         Ontario Municipal Board - Advising of the following information:
-  The appeals submitted by Merle Highcock, John Greening, Caroline LeBulloch, Eric Lebullock & Marina Pilkington for the applications submitted by Box Grove Hill Developments Inc. & Box Grove North (By-laws 2004-145 and 2004-146), Animate Construction Limited (By-laws 2004-147, 2004-148 & 2004-149) and Balgreen Holdings Inc. & Winter Garden Estates (By-laws 2004-150 & 2004-151) have been withdrawn.
-  The Board will proceed to process the appeals submitted by Minto Homes for the application submitted by Animate Construction Limited (Draft Plan of Subdivision).
-  The Board will proceed to process the appeals submitted by M. Midget Inc. for the applications submitted by Box Grove Hill Developments Inc. & Box Grove North (By-laws 2004-145 and 2004-146), Animate Construction Limited (By-laws 2004-147, 2004-148 & 2004-149) and Balgreen Holdings Inc. & Winter Garden Estates (By-laws 2004-150 & 2004-151). (10.5 & 13.13)


 

160-2004         Michael Melling, Davies Howe Partners Lawyers - Forwarding a circulation regarding the Appointment of Hearing (Monday, January 17, 2005 at 10:30 A.M.) for the applications submitted by Avant Investments Inc. for the lands composed of 3856, 3864 and 3872 Highway 7, as directed by the Ontario Municipal Board. (13.13 & 10.3)

 

CARRIED

 

 

 

8.         PROCLAMATION

 

(1)        PROCLAMATIONS (3.4)

 

Moved by Councillor A. Chiu

Seconded by Councillor J. Virgilio

 

That the following be proclaimed in the Town of Markham:

- Restorative Justice Week - November 14 to 21, 2004

- YMCA World Peace Week - November 20 to 27, 2004

 

CARRIED

 

 

 

9.         BY-LAWS

 

Council consented to add By-laws 2004-322 to 2004-324.

 

Moved by Councillor A. Chiu

Seconded by Councillor J. Virgilio

 

That By-laws 2004-307 to 2004-324 be given three readings and enacted.

 

Three Readings

BY-LAW 2004-307    A by-law to amend Traffic By-law 106-71 (all-way stop signs at the intersection of Hillmount Road and Moss Creek Boulevard).
(Clause 1, Report No. 58, 2004)

 

BY-LAW 2004-308    A by-law to amend Property Standards By-law 248-1999 (to provide for a composition of five (5) and a quorum of three (3)).
(Clause 2, Report No. 59, 2004)

 

BY-LAW 2004-309    A by-law to register Holistic Practitioners.
(Clause 6, Report No. 59, 2004)


 

BY-LAW 2004-310    A by-law to amend Fee By-law 2002-276 (to incorporate a fee for the registration of Holistic Practitioners).
(Clause 6, Report No. 59, 2004)

 

BY-LAW 2004-311    A by-law to amend Swimming Pool Enclosures By-law 59-75 (to provide a site-specific amendment for the minimum distance require between the edge of the water contained in a pool and the pool enclosure at 8 Hester Court).
(Clause 7, Report No. 59, 2004)

 

BY-LAW 2004-312    A by-law to deem certain lands not to be a registered plan of subdivision for the purposes of Subsection 50(3) of the Planning Act (Frank and Felicetta Marciano, 30 Wales Avenue, Lot 34 and Part Lot 36, Plan 1318).
(Clause 4, Report No. 60, 2004)

 

BY-LAW 2004-313    A by-law to amend Zoning By-law 304-87, as amended (Larkin Monarch Partnership, Phase 5A and 5B, north of 16th Avenue, between Kennedy Road and McCowan Road - To delete the subject lands from By-law 304-87, as amended, so that it may be incorporated into By-law 177-96, as amended, to permit the development of a draft plan of subdivision).
(Clause 9, Report No. 68, 2003)

 

BY-LAW 2004-314    A by-law to amend Zoning By-law 177-96, as amended (Larkin Monarch Partnership, Phase 5A and 5B, north of 16th Avenue, between Kennedy Road and McCowan Road - To permit the development of a draft plan of subdivision).
(Clause 9, Report No. 68, 2003)

 

BY-LAW 2004-315    A by-law to designate part of a certain plan of subdivision not subject to Part Lot Control (Best Homes (previously 204 Helen Avenue), Lot 1, Plan 65M-3680, South Unionville District, north side of Helen Avenue, south of South Unionville Avenue and west of Harry Cook Drive).

 

BY-LAW 2004-316    A by-law to designate part of a certain plan of subdivision not subject to Part Lot Control (Woodbine Mackenzie Developments Ltd., Lots 29 to 33, 37 to 75, Lot 77 and Blocks 88 to 101, Plan 65M-3763, north east corner of Major Mackenzie Drive and Woodbine Avenue).

 

BY-LAW 2004-317    A by-law to dedicate certain lands as part of the highways of the Town of Markham (Road Allowance between Lots 25 and 26, Concession 5 and Part of East Half Lot 25, Concession 5 and Part of Lot 26, Concession 5 and Part of Lot 26, Concession 5, being Part 2, Plan 65R-16410 - Elgin Mills Road East).


 

BY-LAW 2004-318    A by-law to dedicate certain lands as part of the highways of the Town of Markham (Part of Block 183, Plan 65M-3178, designated as Parts 1 and 2, Plan 65R-27338 - Valentina Drive; Part of Block 182, Plan 65M-3178, designated as Part 4, Plan 65R-27338 - Castan Avenue; Part of Block 182, Plan 65M-3178, designated as Part 6, Plan 65R-27338 - Lane; Part of Lot 9, Concession 6, designated as Part 3, Plan 65R-19570 - Lane; Part of Lot 9, Concession 6, designated as Part 5, Plan 65R-26772 - Lane).

 

BY-LAW 2004-319    A by-law to dedicate certain lands as part of the highways of the Town of Markham (Block 14, Plan 65M-2503 - Cox Boulevard).

 

BY-LAW 2004-320      A by-law to amend By-law 2002-94, as amended, being a By-law to prohibit and regulate signs and other advertising devices and the posting of notices on buildings or vacant lots within the Town of Markham (Hoarding Signs).
(Clause 6, Report No. 50, 2004)

 

BY-LAW 2004-321      A by-law to confirm the proceedings of the Council meeting of November 16, 2004.
(Council Meeting No. 21, 2004)

 

BY-LAW 2004-322    A by-law to authorize the temporary closing of various roads in Main Street Unionville on December 3, 2004 (Olde Tyme Christmas).
(Communication No. 162-2004)

 

BY-LAW 2004-323    A by-law to amend Zoning By-law 122-72, as amended (Southeast corner of Highway 7 and Swansea Road, Markham and Unionville Planning District, Block 128, 65M-2520 - To remove Hold (H) provision).

 

BY-LAW 2004-324    A by-law to designate part of a certain plan of subdivision not subject to Part Lot Control (Best Homes, South Unionville District, north side of Helen Avenue, south of South Unionville Avenue and west of Harry Cook Drive, Lots 3 and 4, Plan 65M-3687, designated as Parts 1 to 4, Plan 65R-26433; and Block 9, Plan 65M-3687, designated as Part 5, Plan 65R-26433).

 

CARRIED


 

10.       ADJOURNMENT

 

Moved by Councillor A. Chiu

Seconded by Regional Councillor J. Jones

 

That the meeting do adjourn.

CARRIED

 

 

Council adjourned at 8:35 p.m.

 

 

 

 

___________________________________        ___________________________

SHEILA BIRRELL, TOWN CLERK                    DON COUSENS, MAYOR

(Signed)

 

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