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                                                                                                                                    2004-12-14

COUNCIL MINUTES  Council Chamber, Civic Centre

Meeting No. 1

 

(Canada Room)

COMMITTEE OF THE WHOLE

 

ROLL CALL

Mayor D. Cousens, Deputy Mayor F. Scarpitti, Regional Councillor J. Heath (11:12 a.m.), Regional Councillor J. Jones (11:10 a.m.), Regional Councillor B. O'Donnell, Councillor S. Daurio, Councillor E. Shapero, Councillor J. Virgilio, Councillor G. McKelvey, Councillor J. Webster (11:12 a.m.), Councillor D. Horchik, Councillor K. Usman, Councillor A. Chiu. (13)

 

Moved by Councillor A. Chiu

Seconded by Councillor K. Usman

 

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

 

(1)        General Committee Schedule (16.23)

(2)        CanadaOntario Municipal Rural Infrastructure Fund (5.10)

(3)        2004 Advisory Committee/Board Appointments (16.24)

(4)        Site Lease 8100 Warden Avenue - Markham District Energy Inc. (13.7)

(5)        Kylemore Homes, North Side of 16th Avenue, West of Kennedy Road - Official Plan & Zoning By-Law Amendments and Draft Plan of Subdivision Applications to Permit 67 Condominium Townhouses, A Commercial Block, Parkette, and Buffer/Valley Lands (10.3, 10.5, 10.7)

(6)        Ice Rink Pilot Project (6.1)

(7)        Markham District Energy Inc. Provincial RFP (13.7)

(8)        Larry & Mary Bingley - 7 Whiteoak Court - Ontario Municipal Board – Appeal Committee of Adjustment (13.13)

(9)        Ruskinvale Developments Limited - Application for Site Plan Approval 337 John Street Thornhill (13.13)

(10)      Jolis Investments Ontario Limited, Woodbine Avenue, West Side, Concession 3, Part Lot 17 and Highway 404, East Side, Concession 3, Part Lot 17 - Appeal of Decision of Assessment Review Board (13.13)

(11)      Hydro One Task Force Status Report and Additional Funding Request (13.8)

 

CARRIED

 

The Regular Meeting of Council was held on December 14, 2004 at 1:00 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 J. Jones, Regional Councillor B. O'Donnell, Councillor S. Daurio, Councillor E. Shapero, Councillor J. Virgilio, Councillor G. McKelvey, Councillor J. Webster, Councillor D. Horchik, Councillor K. Usman, Councillor A. Chiu. (13)

 

 

 

STAFF

J. Livey, Chief Administrative Officer

J. Baird, Commissioner of Development Services

S. Birrell, Town Clerk

S. Chait, Director, Economic Development

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

 

Councillor K. Usman declared an interest with respect to Clause (2), Report No. 66 (Finance and Administrative Committee Report), regarding the Tridel/Dorsay Development Project at the northwest corner of Hwy. 7 and Cox Boulevard, by nature of owning units in the apartment building, and did not take part in the consideration of, or vote on the question of approval of this matter.

 

Councillor D. Horchik declared an interest with respect to Clause (15), Report No. 66 (Finance and Administrative Committee Report) and By-law 2004-343, regarding the 2005 Recreation User Fees and Rates – Pool Rental, by nature of his daughter being a member of the Markham Aquatic Club, and did not take part in the consideration of, or vote on the question of approval of this matter.

 

Councillor J. Virgilio disclosed an interest with respect to Clause (15), Report No. 67 (Development Services Committee Report), regarding the proposed development by Kindwin Markham Limited, by nature of representing the owner, and did not take part in the consideration or discussion of or vote on the question of the approval of such matter.


 

2.         REPORT OF THE COMMITTEE OF THE WHOLE

 

Moved by Councillor A. Chiu

Seconded by Councillor K. Usman

 

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

CARRIED

 

Mayor D. Cousens reported the following motions passed at the Committee of the Whole meeting:

 

(1)        GENERAL COMMITTEE SCHEDULE (16.23)  Report

 

That meetings of the General Committee be scheduled on Mondays and Tuesdays as illustrated on Schedule “A”;

 

And that no subcommittee, task force or working group committees that would require the attendance of several Councillors be scheduled on Standing Committee days;

 

And that General Committee meetings commence at 9:30 a.m.;

 

And that the 2005 calendar of Council, Committee of the Whole and Standing Committees attached as Schedule “C” be approved.

 

 

(2)        CANADA – ONTARIO MUNICIPAL
            RURAL INFRASTRUCTURE FUND (5.10)   Report

 

That the report entitled “Canada –Ontario Municipal Rural Infrastructure Fund” be received;

 

That the Operations and Asset Management Department be authorized to submit an application to the Canada-Ontario Municipal Rural Infrastructure Fund for Waste Management, Waste Diversion (Organics Management) by January 10, 2005 due date;

 

And that Council pass a resolution that the application submitted for Waste Management, Waste Diversion (Organics Management) as the Town’s highest priority for the implementation of Mission Green, Phase 2, 3-Stream Organics Collection under the first intake of the Canada-Ontario Municipal Rural Infrastructure Fund.


 

(3)        2004 ADVISORY COMMITTEE/BOARD APPOINTMENTS (16.24)

 

Heintzman House Community Centre Board

That the following members of the Heintzman House Community Centre Board be confirmed for a term January 1 to December 31, 2005:

 

               Paul Glionna

               Robert Hansford

               Ed Hankins, Chair

               Sam Masson

               Ken Davis

               Bob Willson

               Mervin Goldstein (lifetime non-voting member)

               Warren Carroll (lifetime non-voting member)

 

               Auxiliary Members

               Marilyn Elrick, Chair                                                  Sabina Margitta

               Carole Reilly, Secretary                                             Christine Schmoll

               Claire Ritchi, Treasurer                                              Eugenia Cork

               Toinette Bezant                                                          Valerie Dainton

               Barbara Goldstein                                                      Norma Woollon

               June O'Donnell                                                          Marion Zeltins

               Alison Ballantyne

 

Markham Public Library Board

That the resignation of Christine Lachance from the Markham Public Library Board be received with regret and a letter of appreciation forwarded.

 

 

Victoria Square Community Centre Board

That the following members of the Victoria Square Community Centre Board be confirmed for a term to expire December 31, 2005:

 

               James Barker

               Edith Friedel, Chair

               Joy Mortson

               Jean McCron

               Ruth Brock

 

German Mills Community Centre Board

That the following members of the German Mills Community Centre Board be confirmed for a term January 1 to December 31, 2005:

 

               Myra Bechtel

               Kathy Branny


               Eileen Carter

               Erin Cattral

               Helen Duffy

               Stan Solomon

               Sharon Raibmon

 

 

(4)        SITE LEASE 8100 WARDEN AVENUE
            MARKHAM DISTRICT ENERGY INC. (13.7)  report  

 

That the report dated December 6, 2004, entitled "Site Lease 8100 Warden Avenue, Markham District Energy Inc." be received;

 

And that the verbal report by the Manager, Real Property with respect to the amount of annual rent for the subject property be received;

 

And that Council authorize the Mayor and Clerk to execute a site lease with Markham District Energy Inc. for the land situated under the structure and related improvements on property located at 8100 Warden Avenue, including sufficient land to accommodate an expansion of the operation, together with an easement for egress and access over the existing driveway from Warden Avenue, in a form that is satisfactory to the Chief Administrative Officer and the Town Solicitor.

 

 

(5)        KYLEMORE HOMES                                                                                                           
            NORTH SIDE OF 16TH AVENUE, WEST OF KENNEDY ROAD
            OFFICIAL PLAN AND ZONING BY-LAW AMENDMENTS AND
            DRAFT PLAN OF SUBDIVISION APPLICATIONS TO PERMIT
            67 CONDOMINIUM TOWNHOUSES, A COMMERCIAL BLOCK,
            PARKETTE, AND BUFFER/VALLEY LANDS
            (OP 03 119805, ZA 03 119739, SU 03 119813) (10.3, 10.5, 10.7)

 

That the tabled information from the Director, Planning and Urban Design, providing information regarding the possibility of aligning Street ‘A’ with Aitken Circle, be received.

 

And that the Region of York be requested to signalize the aligned intersection of Street ‘A’ and Aitken Circle with all costs being borne by the applicant;

 

And that the Region of York also be requested to review the Kennedy Road and Sixteenth Avenue intersection with a view to improving operations;

 

And that the Region of York be requested to signalize Birchview Lane and Kennedy road at the Region’s cost;

 

And that Town staff be directed to review the issue of how to limit infiltration into this community via Aitken Circle whether by signage or design.


 

(6)        ICE RINK PILOT PROJECT (6.1) Report

 

That the information regarding insurance issues with respect to the ice rink pilot project, be received;

 

And that the matter be referred back to staff to develop with the insurance company a more beneficial program for the community.

 

 

(7)        MARKHAM DISTRICT ENERGY INC.
            PROVINCIAL RFP (13.7)

 

That the recommendation approved at the Joint Markham District Energy Inc. and Markham Energy Corporation Board of Directors Meeting held on December 13, 2004 regarding the Markham District Energy Inc. Provincial RFP for new clean generation, be endorsed;

 

And that staff report back to Committee of the Whole immediately prior to the opening of the second envelope.

 

 

(8)        LARRY AND MARY BINGLEY - 7 WHITEOAK COURT
           
ONTARIO
MUNICIPAL BOARD – APPEAL
            COMMITTEE OF ADJUSTMENT FILE NO. A/132/04
            LEGAL FILE NO. 04 0809 JH 0346 (13.13)

 

That the Town Solicitor and staff be instructed to attend before the Ontario Municipal Board for a hearing of an appeal from the Committee of Adjustment’s refusal of a variance application respecting 7 Whiteoak Court, Markham, requesting that the following conditions be imposed if the variance is granted:

 

1.       The property owner enter into an encroachment agreement with the Town which provides for the removal of the shed at the Owner’s expense in the event that the Town needs to access the storm sewer;

2.       The property owner agrees to remedy and accept liability for any drainage problems which might arise on the subject property, abutting properties and nearby properties as a result of the placement of the shed on the storm sewer easement; and

3.       The property owner agrees to indemnify and hold the Town harmless for any claims which may arise as a result of the location of the shed on the easement;

 

And that this report be made public, subject to Council authorizing the above.


 

(9)        RUSKINVALE DEVELOPMENTS LIMITED
            APPLICATION FOR SITE PLAN APPROVAL
            337 JOHN STREET THORNHILL
            LEGAL FILE NO. 04 0205 JH 0328 (13.13)

 

That the report dated December 14, 2004, entitled “Ruskinvale Developments Limited, Application for Site Plan Approval for Site Plan Approval, 337 John Street, Legal File No. 04 0205 JH 0328”. Be received;

 

And that staff be authorized to represent the Town before the Ontario Municipal Board to object to the approval of the application for site plan control on the basis that the proposed use is not permitted by the zoning by-law and the official plan;

 

And that these recommendations be made public, subject to Council authorizing the above.

 

 

(10)      JOLIS INVESTMENTS ONTARIO LIMITED                                                                    
            WOODBINE AVENUE, WEST SIDE, CONCESSION 3 PART LOT 17 AND
            HIGHWAY 404, EAST SIDE, CONCESSION 3, PART LOT 17
            ROLL NUMBERS 1936-020-136-52200-0000 AND 1936-020-136-53000-0000
            APPEAL OF DECISION OF ASSESSMENT REVIEW BOARD
            LEGAL FILE NO. 04 0317 LG 0371 (13.13)

 

That the Town Solicitor’s report entitled “Jolis Investments Ontario Limited, Woodbine Avenue, West Side, Concession 3, Part Lot 17 and Highway 404, East Side, Concession 3, Part Lot 17, Roll Numbers 1936-020-52200-0000 and 1936-020-136-53000-0000, Appeal of Decision of Assessment Review Board, Legal File No. 04JO-0317, be received;

 

And that the Town Solicitor, Treasurer and Staff be authorized to appeal the decision of the Assessment Review Board by seeking leave to appeal to the Divisional Court and by submitting a request for a review to the Assessment Review Board and to retain outside legal counsel and any experts as may be required for the purposes of conducting the appeals;

 

And that this report not be made public.

 

 

(11)      HYDRO ONE TASK FORCE STATUS REPORT
AND ADDITIONAL FUNDING REQUEST (13.8)

 

That the report entitled "Hydro One Task Force Status Report and Additional Funding Request" be received;

 

And that additional funding in the amount of $260,000 be provided from Town Reserves for the Town's outside legal counsel, communications consultants and technical experts to oppose the Hydro One proposal.


 

Moved by Councillor A. Chiu

Seconded by Councillor K. Usman

 

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

 

CARRIED

 

 

 

3.         MINUTES

 

(1)        COUNCIL MINUTES
            -
NOVEMBER 30, 2004

 

Moved by Councillor K. Usman

Seconded by Councillor E. Shapero

 

That the Minutes of the Council Meeting held on November 30, 2004, be adopted.

 

CARRIED

 

 

 

4.         PRESENTATIONS

 

(1)        2004 UNITED WAY CAMPAIGN - TOWN OF MARKHAM (12.2.6)

 

Council recognized and congratulated the Town of Markham 2004 United Way Campaign Committee for raising in excess of $75,000.00 for the United Way.

 

The following Committee Members were acknowledged for their contribution in making the Town of Markham 2004 United Way Campaign successful:

 

Paul Wealleans, Chair  

Linda Irvine

Jennifer Banfield

Donna Cooper

Greg Dycke

Denise Lawrusik

Freda Lee

Tina Murphy

Jennifer Nelson

Marjorie Rebane

Daphne Ross

Marilyn Scott

Dale Watterson


 

The following canvassers were acknowledged for their efforts in making the payroll deduction contributions successful:

 

Debbie Reeves

Valentina Salvalaggio

Hilary Huffman

Pushpa Sharma

Charlotte Kuchar

Catherine Ng

Christine Fortin

Rob Flindall

Rob Hartnett

Bonny Halberstadt

Mike Delic

Jill McWhinnie

Rose Cozis

Aisha Ravalia

Lorna Harrison

Barb Sharpe

Caroline Barnes

Donna Harris

Frank Edwards

 

 

(2)        CORRECTIONAL SERVICES OF CANADA AWARD (12.2.6)

 

Dr. Ken Ng presented a plaque to Council, on behalf of Correctional Services of Canada (CSC), recognizing the Town of Markham for hosting the Community Forum on Crime, Justice and Corrections in March, 2004.  Staff of the Town of Markham were acknowledged for their contribution to this event.  Mr. E. Heise was also in attendance.

 

 

(3)        MARKHAM/UNIONVILLE ROTARY CLUB
            AND THE ROTARY CLUB OF MARKHAM SUNRISE (12.2.6)

 

Representatives from the Markham/Unionville Rotary Club and the Rotary Club of Markham Sunrise were in attendance to receive acknowledgment for their contribution to the quality of life and their service to the community.

 

On February 23, 2005, Rotary International will celebrate 100 years of service to both the local and international community.  Rotary International is best known for its PolioPlus initiative, aimed at freeing the world of this disease by February, 2005.  The next big initiative for the Rotary will be the Aids pandemic.  The week of February 21, 2005 will be proclaimed as "Rotary Week" in the Town of Markham (See Proclamation Section).


 

…………………………………………….

 

Regional Councillor J. Jones withdrew from the meeting.

 

…………………………………………….

 

5(a)      REPORT NO. 65 - ECONOMIC DEVELOPMENT COMMITTEE

 

Moved by Councillor A. Chiu

Seconded by Councillor K. Usman

 

That Report No. 65 - Economic Development Committee be received and adopted.

 

December 6, 2004

 

(1)        GREATER TORONTO MARKETING ALLIANCE -
            MISSION TO INDIA (10.16) 

 

That the presentation from Mr. S. Chait, Director, Economic Development, regarding the Greater Toronto Marketing Alliance Mission to India, be received;

 

And that the participation of Councillor K. Usman and the Economic Development Director as part of a Greater Toronto Marketing Alliance business delegation to India, previously approved by Council on November 16, 2004, be extended by two (2) days to a total of eight (8) days at a total cost not to exceed $14,000 to be funded from within the 2005 base budget Business Travel account #610-9985201.

 

 

(2)        OTHER COMMITTEE PROCEEDINGS
            - MINUTES OF ECONOMIC DEVELOPMENT
            COMMITTEE MEETING – DECEMBER 6, 2004 (16.0)

 

That the Economic Development Committee minutes dated December 6, 2004 be received.

 

CARRIED


 

5(b)      REPORT NO. 66 - FINANCE & ADMINISTRATIVE COMMITTEE

 

Council consented to separate Clauses (2), (14), (15) and (18).

 

Moved by Councillor S. Daurio

Seconded by Councillor K. Usman

 

That Report No. 66 - Finance & Administrative Committee be received and adopted.

 

December 6, 2004

 

(1)        STATUS REPORT ON THE PHASE 1 ENTERPRISE DRIVE/
            HELEN AVENUE EXTENSION & GO RAIL GRADE
            SEPARATION CONSTRUCTION PROJECT (5.10, 5.14.2 & 7.0)

 

That the confidential report entitled “Status Report on the Phase 1 Enterprise Drive/Helen Avenue Extension & GO Rail Grade Separation Contruction Project” dated December 6, 2004 be received;

 

And that Engineering staff be authorized to direct Miwel Construction to proceed with winter construction of the GO Transit grade separation structure;

 

And that staff be authorized to issue a purchase order to Miwel Construction in a total amount not to exceed $624,769.79 inclusive of 7% GST, ($583,897 exclusive of GST) for the additional cost of the winter construction works;

 

And that staff be authorized to issue a purchase order to McCormick Rankin Corporation in a total amount not to exceed $75,756 inclusive of 7% GST, ($70,870 exclusive of GST) for the additional construction inspection and contract administration fees associated with the winter construction works for the bridge structure;

 

And that the Director of Engineering, Town Solicitor and Treasurer be authorized to retain Ronald Frieday, a claims resolution specialist, as a sole source supplier to provide assistance to staff in the review and negotiation of the anticipated Contractor claims for lost productivity and increased overhead costs resulting from delays in the project schedule, and that an allowance of $16,050 inclusive of 7% GST. ($15,000 exclusive of GST) be approved for these consulting costs;

 

And that staff report back as to the negotiations with Miwell Construction on the claim for Council’s approval;

 

And that staff be authorized to issue a purchase order to GO Transit for a total amount not to exceed $160,500 inclusive of 7% GST, ($150,000 exclusive of GST) for the additional cost of works to be carried out by GO Transit for the temporary diversion of the rail line to allow construction of the grade separation;


 

And that staff be authorized to invoice the Region of York for their proportional share of the additional costs of winter construction in the amount of approximately $193,000;

 

And that funding for the above works/services be funded from the Engineering Department’s 2004/2005 Capital Budget from development charges for Phase 1 Enterprise Drive/Helen Avenue extension and GO Line Grade Separation project;

 

And that Engineering staff be authorized to delay the tendering of construction contracts for the balance of the Markham Centre major road projects including Phase 2 of the Enterprise Drive extension and the Birchmount Road extension until all necessary approvals from external agencies are received and property is acquired to the satisfaction of the Director of Engineering.

 

CARRIED

 

 

(2)        TRIDEL PRESENTATION - REQUEST FOR
            NOISE BY-LAW EXEMPTION - NORTHWEST
            CORNER OF HWY. 7 AND
COX BOULEVARD (2.10)

 

That the deputation by Mr. Stefen Upton, Tridel, and the letter dated November 29, 2004, regarding a request for exemption to the Noise By-law, be received;

 

And that an exemption be granted to the Town's Noise By-law 2003-137 to allow construction noise from the Tridel/Dorsey residential development project on the northwest corner of Highway 7 and Cox Boulevard;

 

And that the exemption be limited to the time periods of 7:00 p.m. to 10:00 p.m. from Monday through to and including Friday;

 

And further that no truck servicing or construction vehicles be allowed to park on Cox Boulevard after 7:00 p.m.

 

CARRIED AS AMENDED

(Councillor K. Usman abstained)

(See following motion to amend)

 

            Moved by Councillor E. Shapero

            Seconded by Councillor D. Horchik

 

            That Clause (2), Report No. 66 be amended to delete the words "11:00 p.m." in paragraph three and replace them with "10:00 p.m.".

 

CARRIED


 

(3)        STANDING/ADVISORY COMMITTEE REVIEW (16.23)

 

That the presentation by the Town Clerk regarding a Standing/Advisory Committee Review, be received;

 

And that a General Committee System be adopted, effective January 1, 2005;

 

And that the matter of scheduling meetings on either Tuesdays, or Mondays and Tuesdays, be deferred to Committee of the Whole on December 14, 2004.

(By-law 2004-336)

 

 

(4)        ADDRESSING VOLUNTEERISM IN 2005 (12.2.6)

 

That Ms. Janet Carnegie, Director of Corporate Communications, be given authority to work with Council to promote volunteerism in Markham during 2005;

 

And that staff be requested to report back on the progress and activities to involve our community;

 

And further that the business community, large corporations, and other organizations, such as service clubs, charities, schools and hospitals be included in this initiative.

 

 

(5)        2005 BUDGET (7.4 & 7.5)

 

That the Markham 2005 Budget Presentation be received;

 

And that the Proposed 2005 Budget be presented at the Budget Breakfast on January 25, 2005.

 

 

(6)        2005 INTERIM SPENDING AUTHORITY (7.4 & 7.5)  report 

 

That Council receive the report "2005 Interim Spending Authority", dated December 6, 2004;

 

And that Council approve pre-budget operating expenditures of up to 50% of the 2004 approved Operating Budget.

 

 

(7)        BY-LAW TO AUTHORIZE TEMPORARY BORROWING (7.0)  report  b/l 

 

That a by-law be brought forward for Council approval to authorize the temporary borrowing, if required, of an amount not to exceed $83,220,028 from January 1, 2005 to September 30, 2005 and $41,610,014 from October 1, 2005 to December 31, 2005 to meet the current expenditures of the Corporation until taxes are collected and other revenues are received.

(By-law 2004-337)


 

(8)        2005 INTERIM TAX LEVY AND BYLAW (7.3)  report 

 

That Council authorize an interim tax levy for 2005;

 

And that the attached by-law be passed to authorize the 2005 interim tax levy.

(By-law 2004-338)

 

 

(9)        DEVELOPMENT CHARGES INDEXING (7.11)  report 

 

That the report titled "Development Charges Indexing" be received;

 

And that Council approve an increase in development charges of 6.9%, effective January 1, 2005.

 

 

(10)      ASSESSMENT APPEAL AUTHORITY (7.1 & 7.3)  report 

 

That the Treasurer or her designate be authorized to commence and file notices of appeal with the Assessment Review Board where it is considered necessary for The Corporation of the Town of Markham to protect its assessment base;

 

And that the draft by-law be adopted to authorize such action.

(By-law 2004-339)

 

 

(11)      TAXI BY-LAW AMENDMENTS (2.23)   report 

 

That the report entitled "Taxi By-Law Amendments" be received;

 

And that By-law No. 2002-308 "A By-Law for Licensing, Regulating and Governing Owners and Drivers of Taxicab Brokers" be amended to provide for mandatory driver training for new taxi driver applicants and to enact various administrative amendments.

(By-law 2004-340)

 

 

(12)      REVISIONS TO PURCHASING BY-LAW 143-2000 (7.9 & 2.0)  report 

 

That the report entitled "Revisions to Purchasing By-Law 143-2000" dated December 6, 2004 be received;

 

And that the Town of Markham By-Law 143-2000 be repealed in its entirety and be replaced in accordance with this report.

(By-law 2004-341)


 

(13)      GOVERNANCE - VARLEY ART GALLERY
            AND FOUNDATION (6.12)  report 

 

That the report entitled: "Governance - Varley Art Gallery and Foundation" be received;

 

And that the Advisory Board of the Gallery be amalgamated into the existing Board of the Varley-McKay Art Foundation of Markham;

 

And that the size of the Board of the Varley-McKay Art Foundation of Markham be set at up to 16 plus two Councillors, and the Mayor, Ex-Officio;

 

And that staff be directed to review and update the 1998 terms of reference to bring them into alignment with current policy and management practices;

 

And further that Council approve the following appointments to the Board of the Varley-McKay Art Foundation of Markham:

 

            Heather Sifton (to replace Jennifer Deacon who has retired)

            Bill Pickering

            Howard Back

            Robert McCulloch

            Donald Hindson

            Patricia Loveland

            Brian Roman

            Michael Roth

            Stanley Neal

            Lana Champion

            Anna Gauci

            Karen Chadwick

            Beverly Schaeffer

            Erin Shapero, Councillor

            Jim Jones, Regional Councillor

 

CARRIED

 

 

(14)      PROPOSED 2005 RECREATION USER FEES
AND RATES & BY-LAW (6.4)  report  AppA  AppB  AppsCD 

 

Council consented to a division of the question.

 

That the report dated December 6, 2004, from the Community Services Commission entitled Proposed 2005 Recreation User Fees and Rates, be received;

 

And that an additional charge of $2 per registration for programs and $5 per fitness membership be effective September 1, 2005;


 

And that an additional charge of $20 per hour for ice and indoor soccer field rentals be effective September 1, 2005, to correspond to the beginning of the 2005-2006 season;

 

And that By-law 2002-276, a by-law to impose fees or charges for services or activities provided or done by the Town of Markham, be amended to reflect the new rates;

 

And that notice to the public be provided in accordance with By-law 2002-275, a by-law to prescribe the form and matter and times for the provision of reasonable notice.

(By-law 2004-342)

 

CARRIED AS AMENDED

(See following separate vote)

(See following recorded vote) (11:1)

 

YEAS:             Mayor D. Cousens, Deputy Mayor F. Scarpitti, Regional Regional Councillor B. O'Donnell, Councillor S. Daurio, Councillor E. Shapero, Councillor J. Virgilio, Councillor G. McKelvey, Councillor J. Webster, Councillor D. Horchik, Councillor K. Usman, Councillor A. Chiu. (11)

 

NAYS:             Regional Councillor J. Heath. (1)

 

ABSENT:        Councillor J. Jones.

 

 

            And that the Director of Recreation and Culture be authorized to set future increases annually so that Markham's rates remain competitive while offsetting the Recreation Department's operating budget pressures;

 

LOST

(See following recorded vote) (3:9)

 

YEAS:             Councillor S. Daurio, Councillor D. Horchik, Councillor A. Chiu. (3)

 

NAYS:             Mayor D. Cousens, Deputy Mayor F. Scarpitti, Regional Councillor J. Heath, Regional Councillor B. O'Donnell, Councillor E. Shapero, Councillor J. Virgilio, Councillor G. McKelvey, Councillor J. Webster, Councillor K. Usman. (9)

 

ABSENT:        Regional Councillor J. Jones.


 

(15)      PROPOSED 2005 RECREATION USER FEES
AND RATES - POOL RENTAL (6.4)  report 

 

That the report dated December 6, 2004, from the Community Services Commission entitled Proposed 2005 Recreation User Fees and Rates - Pool Rental, be received;

 

And that the rates for rental of the pools by the Markham Aquatic Club be increased September 1, 2005, by $5 per hour from $28 to $33 per hour and on September 1, 2006, by a further $5 per hour, from $33 to $38 per hour, the additional money to form part of the operating revenue to assist in offsetting operating expenditures;

 

And that By-law 2002-276, a by-law to impose fees or charges for services or activities provided or done by the Town of Markham be amended to reflect the new rates;

 

And that notice to the public be provided in accordance with By-law 2002-275, a by-law to prescribe the form and manner and times for the provision of reasonable notice.

(By-law 2004-343)

 

CARRIED

(Councillor D. Horchik abstained)

(See following recorded vote) (10:1)

 

YEAS:                   Mayor D. Cousens, Deputy Mayor F. Scarpitti, Regional Councillor B. O'Donnell, Councillor S. Daurio, Councillor E. Shapero, Councillor J. Virgilio, Councillor G. McKelvey, Councillor J. Webster, Councillor D. Horchik, Councillor K. Usman, Councillor A. Chiu. (10)

 

NAYS:                   Regional Councillor J. Heath.

 

ABSENT:              Regional Councillor J. Jones.

 

ABSTAINED:        Councillor D. Horchik.

 

 

(16)      NEW ADMINISTRATION FEES - TAXATION (7.3)  report 

 

That effective January 1, 2005, Financial Services be authorized to implement a $25.00 ownership change fee when a transfer of title occurs;

 

And that effective January 1, 2005, Financial Services be authorized to implement a $50.00 new account set up fee;

 

And that effective January 1, 2005, Financial Services be authorized to implement a $15.00 tax receipt fee when an Income Tax Letter is requested;

 

And that By-law 2002-276 be amended to reflect these changes.

(By-law 2004-344)


 

(17)      CENTENNIAL COMMUNITY CENTRE EXPANSION
ENERGY CONSERVATION ENHANCEMENTS (6.6 & 5.7)  report 

 

That the report entitled "Centennial Community Centre Expansion - Energy Conservation Enhancements" be received;

 

And that Council approve including the energy conservation enhancements detailed in this report in the Centennial Community Centre Expansion project;

 

And that Council approve allocating on a temporary basis $285,000 from the Life Cycle Replacement Reserve to finance the energy conservation enhancements;

 

And that the $285,000 be repaid by depositing the $60,000 CBIP (Canadian Building Incentive Program) grant to the Life Cycle Replacement Reserve;

 

And that the balance of $225,000 be repaid by transferring the projected annual energy savings of $76,000 from the annual operating budget of the Centennial Community Centre to the Life Cycle Replacement Reserve for a period of three years;

 

And that staff be requested to report back to Council in three years on the savings related to the energy conservation enhancements included in the Centennial Community Centre Expansion project.

 

CARRIED

 

 

(18)      FUNDING - TONY ROMAN MEMORIAL
HOCKEY TOURNAMENT (7.6 & 12.2.6)

 

That $5,000.00 be pre-approved from the 2005 Grants Budget for the Tony Roman Memorial Hockey Tournament.

 

CARRIED

 

 

(19)      OTHER COMMITTEE PROCEEDINGS
            - MINUTES OF FINANCE & ADMINISTRATIVE
            COMMITTEE MEETING – DECEMBER 6, 2004 (16.0)

 

That the Finance & Administrative Committee minutes dated December 6, 2004 be received.

 

CARRIED


 

…………………………………………….

 

Regional Councillor J. Jones rejoined the meeting.

 

…………………………………………….

 

 

 

5(c)      REPORT NO. 67 - DEVELOPMENT SERVICES COMMITTEE

 

Council consented to separate Clauses (2), (9) and (14).

 

Moved by Councillor G. McKelvey

Seconded by Councillor K. Usman

 

That Report No. 67 - Development Services Committee be received and adopted.

 

December 7, 2004

 

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

 

That the deputation by Don Gordon, General Manager, and Irene McNeil of York Region Transit (YRT) regarding the proposed temporary bus loop close to Markham Stouffville Hospital be received;

 

And that the Town of Markham support the interim proposal by York Region Transit to continue the current on-street/hospital site bus looping arrangement until the Bur Oak extension to Highway 7 is completed;

 

And that the Town of Markham support the termination of the Quickstart service at Markville Mall until the Bur Oak extension to Highway 7 is completed;

 

And that York Region Transit be requested to improve service between Markville Mall and the MarkhamStouffville Hospital, to ensure good coordination with the Quickstart service terminating at Markville Mall;

 

And that staff provide a progress report to Development Services Committee in March, 2005.

 

CARRIED


 

(2)        SPLENDID CHINA SQUARE TRAFFIC ISSUES (5.10)

 

Council consented to a division of the question.

 

Resolution A

 

That the staff presentation regarding traffic issues for the Splendid China Square proposal be received;

 

And that the deputations by Frederick Woo, and Mary Flynn-Guglietti of McMillan Binch, representing York Region Condominium Corporation No. 890, owner of Pacific Mall, with concerns for the Splendid China proposal, be received;

 

And that the City of Toronto be requested to finalize funding and accelerate timing of Steeles Avenue improvements including the grade separation;

 

And that the City of Toronto be requested to circulate site plan and traffic and parking studies for the Splendid China proposal to the Town of Markham for comment;

 

And that the applicant be requested to consider the extension of Redlea Boulevard to Passmore Avenue in any traffic studies undertaken by the City;

 

And that the applicant be requested to address the need for Splendid China to have a shared parking agreement in place with the GO Transit Station for overflow parking as part of any traffic study undertaken;

 

And that York Region Transit and the Toronto Transit Commission be requested to review transit service to the Kennedy Road and Steeles Avenue area, including increasing services and transit stop locations;

 

And that Pacific Mall, Market Village and Canada Trust be requested to consider bus shuttle service to the Unionville GO Transit Station to accommodate overflow parking on Saturdays, Sundays and public holidays.

 

 

Resolution B:

 

Whereas the Town of Markham recognizes the need to accelerate the widening of Steeles Avenue east of Markham Road, that a meeting be arranged with appropriate political participants from Markham, the Region of York, and the City of Toronto;


 

And that the Working Committee be reinstated to work on road issues in the Steeles Avenue area, with membership revised to include Deputy Mayor F. Scarpitti, Regional Councillors J. Heath, J. Jones and B. O’Donnell and Councillors J. Webster and K. Usman.

 

CARRIED AS AMENDED

(See following votes taken separately)

 

 

Resolution A

 

That the staff presentation regarding traffic issues for the Splendid China Square proposal be received;

 

And that the deputations by Frederick Woo, and Mary Flynn-Guglietti of McMillan Binch, representing York Region Condominium Corporation No. 890, owner of Pacific Mall, with concerns for the Splendid China proposal, be received.

 

CARRIED

 

 

That the City of Toronto be requested to finalize funding and accelerate timing of Steeles Avenue improvements including the grade separation.

 

CARRIED

(see following recorded vote) (7:6)

 

YEAS:             Mayor D. Cousens, Deputy Mayor F. Scarpitti, Regional Councillor J. Heath, Councillor E. Shapero, Councillor J. Virgilio, Councillor D. Horchik, Councillor K. Usman. (7)

 

NAYS:             Regional Councillor J. Jones, Regional Councillor B. O'Donnell, Councillor S. Daurio, Councillor G. McKelvey, Councillor J. Webster, Councillor A. Chiu. (6)


 

That the City of Toronto be requested to circulate site plan and traffic and parking studies for the Splendid China proposal to the Town of Markham for comment.

 

CARRIED

(see following recorded vote) (10:3)

 

YEAS:             Mayor D. Cousens, Deputy Mayor F. Scarpitti, Regional Councillor J. Heath, Regional Councillor B. O'Donnell, Councillor E. Shapero, Councillor J. Virgilio, Councillor G. McKelvey, Councillor J. Webster, Councillor D. Horchik, Councillor K. Usman, (10)

 

NAYS:             Regional Councillor J. Jones, Councillor S. Daurio, Councillor A. Chiu. (3)

 

 

That the applicant be requested to consider the extension of Redlea Boulevard to Passmore Avenue in any traffic studies undertaken by the City.

 

CARRIED AS AMENDED

(See following motion to amend)

(See following motion which was Lost)

 

 

            Moved by Councillor D. Horchik

            Seconded by Councillor K. Usman

 

            That Clause (2), Report No. 67, Resolution A, paragraph 6 be deleted in its entirety and the following be substituted therefore:

 

            “That the applicant be requested to consider the extension of Redlea Boulevard to Passmore Avenue in any traffic studies undertaken by the City.”

 

CARRIED

(See following recorded vote) (10:3)

 

YEAS:             Mayor D. Cousens, Deputy Mayor F. Scarpitti, Regional Councillor J. Heath, Regional Councillor J. Jones,  Councillor E. Shapero, Councillor J. Virgilio, Councillor G. McKelvey, Councillor J. Webster, Councillor D. Horchik, Councillor K. Usman, (10)

 

NAYS:             Regional Councillor B. O'Donnell, Councillor S. Daurio, Councillor A. Chiu. (3)


 

            Moved by Councillor G. McKelvey

            Seconded by Councillor K. Usman

 

            “That the applicant be requested to add the extension of  Redlea Boulevard to Passmore Avenue as a condition of approval for Phase I of the Splendid China development.”

 

LOST

(See following recorded vote) (4:9)

 

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

 

NAYS:             Mayor D. Cousens, Regional Councillor J. Jones, Regional Councillor B. O'Donnell, Councillor S. Daurio, Councillor J. Virgilio, Councillor G. McKelvey, Councillor J. Webster, Councillor D. Horchik,  Councillor A. Chiu. (9)

 

 

That the applicant be requested to address the need for Splendid China to have a shared parking agreement in place with the GO Transit Station for overflow parking as part of any traffic study undertaken.

 

CARRIED AS AMENDED

(See following motion to amend)

(See following motion which was Lost)

 

 

            Moved by Councillor D. Horchik

            Seconded by Councillor K. Usman

 

            That Clause (2), Report No. 67, Resolution A, paragraph 7 be deleted in its entirety and the following be substituted therefore:

 

            “That the applicant be requested to address the need for Splendid China to have a shared parking agreement in place with the GO Transit Station for overflow parking as part of any traffic study undertaken.”

 

CARRIED

(See following recorded vote) (7:6)

 

 

YEAS:             Deputy Mayor F. Scarpitti, Regional Councillor J. Heath, Councillor E. Shapero, Councillor J. Virgilio,  Councillor J. Webster, Councillor D. Horchik, Councillor K. Usman. (7)

 

NAYS:             Mayor D. Cousens, Regional Councillor J. Jones, Regional Councillor B. O'Donnell, Councillor S. Daurio, Councillor G. McKelvey, Councillor A. Chiu. (6)

 

            Moved by Councillor G. McKelvey

            Seconded by Councillor K. Usman

 

            That the City of Toronto be requested to add the requirement for Splendid China to have a shared parking agreement in place with the Go Transit Station for overflow parking as a condition of approval for Phase II.

 

LOST

(See following recorded vote) (5:8)

 

YEAS:             Deputy Mayor F. Scarpitti, Regional Councillor J. Heath, Councillor E. Shapero, Councillor J. Webster, Councillor K. Usman. (5)

 

NAYS:             Mayor D. Cousens, Regional Councillor J. Jones, Regional Councillor B. O'Donnell, Councillor S. Daurio, Councillor J. Virgilio, Councillor G. McKelvey, Councillor D. Horchik, Councillor A. Chiu. (8)

 

 

That York Region Transit and the Toronto Transit Commission be requested to review transit service to the Kennedy Road and Steeles Avenue area, including increasing services and transit stop locations.

 

CARRIED

(See following recorded vote) (11:2)

 

 

YEAS:             Mayor D. Cousens, Deputy Mayor F. Scarpitti, Regional Councillor J. Heath, Regional Councillor B. O'Donnell, Councillor S. Daurio, Councillor E. Shapero, Councillor J. Virgilio, Councillor G. McKelvey, Councillor J. Webster, Councillor D. Horchik, Councillor K. Usman. (11)

 

NAYS:             Regional Councillor J. Jones, Councillor A. Chiu. (2)

 

 

That Pacific Mall, Market Village and Canada Trust be requested to consider bus shuttle service to the Unionville GO Transit Station to accommodate overflow parking on Saturdays, Sundays and public holidays.

 

CARRIED AS AMENDED

(See following motion to amend)


 

            Moved by Councillor A. Chiu

            Seconded by Deputy Mayor F. Scarpitti

 

            That Clause (2), Report No. 67, Resolution A, Paragraph 9 be deleted in its entirety and the following be substituted therefore:

 

            “That Pacific Mall, Market Village and Canada Trust be requested to consider bus shuttle service to the Unionville GO Transit Station to accommodate overflow parking on Saturdays, Sundays and public holidays.”

 

CARRIED

(See following recorded vote) (8:5)

 

YEAS:             Deputy Mayor F. Scarpitti, Regional Councillor J. Heath, Regional Councillor J. Jones, Councillor S. Daurio, Councillor E. Shapero, Councillor J. Webster, Councillor D. Horchik, Councillor K. Usman. (8)

 

NAYS:             Mayor D. Cousens, Regional Councillor B. O'Donnell, Councillor J. Virgilio, Councillor G. McKelvey, Councillor A. Chiu. (5)

 

 

Resolution B:

 

Whereas the Town of Markham recognizes the need to accelerate the widening of Steeles Avenue east of Markham Road, that a meeting be arranged with appropriate political participants from Markham, the Region of York, and the City of Toronto;

 

And that the Working Committee be reinstated to work on road issues in the Steeles Avenue area, with membership revised to include Deputy Mayor F. Scarpitti, Regional Councillors J. Heath, J. Jones and B. O’Donnell and Councillors J. Webster and K. Usman.

 

CARRIED AS AMENDED

(See following motion to amend)

(See following recorded vote) (12:1)

 

YEAS:             Mayor D. Cousens, Deputy Mayor F. Scarpitti, Regional Councillor J. Heath, Regional Councillor J. Jones, Regional Councillor S. Daurio, Councillor E. Shapero, Councillor J. Virgilio, Councillor G. McKelvey, Councillor J. Webster, Councillor D. Horchik, Councillor K. Usman, Councillor A. Chiu. (12)

 

NAYS:             Councillor B. O'Donnell. (1)


 

            Moved by Deputy Mayor F. Scarpitti

            Seconded by Councillor K. Usman

 

            That Clause (2), Report No. 67, Resolution B, Paragraph 2 be amended to include Regional Councillor B. O’Donnell on the Working Committee.

 

CARRIED

 

 

That the City of Toronto be requested to require that Phase IA and Phase IB of the Splendid China proposal be subject to site plan approval.

 

LOST

(see following recorded vote) (4:9)

 

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

 

NAYS:             Mayor D. Cousens, Regional Councillor J. Jones, Regional Councillor B. O'Donnell, Councillor S. Daurio, Councillor J. Virgilio, Councillor G. McKelvey, Councillor J. Webster, Councillor D. Horchik,  Councillor A. Chiu. (9)

 

 

(3)        BUR OAK AVENUE AND STONEBRIDGE DRIVE
            ADULT SHOOL CROSSING GUARD SERVICE (3.16)  report  attch 

 

That the staff report entitled “Bur Oak Avenue and Stonebridge Drive – 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 Bur Oak Avenue and Stonebridge Drive at a cost of $5,880.00 per year, exclusive of GST starting in January, 2005;

 

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 Stonebridge Drive.

 

 

(4)        BUR OAK AVENUE AND MINGAY AVENUE
            ADULT SCHOOL CROSSING GUARD SERVICE (3.16) report  attch 

 

That the staff report entitled “Bur Oak Avenue and Mingay 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 Bur Oak Avenue and Mingay Avenue at a cost of $5,880.00 per year, exclusive of GST starting n January, 2005;

 

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 Mingay Avenue.

 

 

(5)        FAIRMOUNT BOOKS INC., 100 DUFFIELD DRIVE
            DEEMING BYLAW (SC 04 025667) (10.6) report 

 

That Council enact a by-law to deem Lots 11 and 12, Registered Plan 65M-2813 not to be part of a registered plan of subdivision, and that staff take appropriate action as required under Section 50 of the Planning Act.

(By-law 2004-345)

 

 

(6)        DESIGNATION UNDER PART IV OF THE ONTARIO
            HERITAGE ACT, 4160 19TH AVENUE
            "THE ALMIRA FLOUR AND WOOLLEN MILL"
            OWNER:
4160 19TH AVENUE INC. (16.11.3)  report 

 

That Heritage Markham’s recommendation to designate the Almira Flour and Woollen Mill at 4160 19th Avenue under Part IV of the Ontario Heritage Act be approved;

 

And That the Clerks 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 this property.

 

 

(7)        DESIGNATION UNDER PART IV OF THE ONTARIO
            HERITAGE ACT, 9404 HIGHWAY 48
            “THE MENNO RAYMER HOUSE”
            OWNER: SUSAN M. WADDINGTON (16.11.3) report 

 

That pursuant to the Conservation Review Board recommendation dated September 22, 2004, Council pass the a by-law designating the Menno Raymer House at 9404 Highway 48 under Part IV of the Ontario Heritage Act.

(By-law 2004-346)


 

(8)        DESIGNATION UNDER PART IV OF THE ONTARIO
            HERITAGE ACT, THREE (3) HISTORIC PROPERTIES
            OWNED BY THE TOWN OF MARKHAM:
            - ST. JOHN’S LUTHERAN CEMETERY, BUTTONVILLE
            - BOX GROVE SCHOOL HOUSE, 7651 9TH LINE
            - BUTTONVILLE WOMEN’S INSTITUTE COMMUNITY HALL
            8931 WOODBINE AVENUE  (16.11.3) report  

 

That Heritage Markham’s recommendation to designate the following Town owned properties under Part IV of the Ontario Heritage Act be approved:

-     St. John’s Lutheran Cemetery, Buttonville

-     Box Grove School House, 7651 9th Line (Box Grove Community Centre)

-     Buttonville Women’s Institute Community Hall, 8931 Woodbine Avenue;

 

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 properties.

 

CARRIED

 

 

(9)        BY-LAW 177-96 - HOUSEKEEPING AND ZONING BY-LAW
            AMENDMENT (ZA 04-013653) (10.5) report 

 

That the report entitled “Recommendation Report, By-law 177-96 - Housekeeping and Zoning By-law Amendment, the New Urban Area By-law” be received (File number ZA 04-013653);

 

And that enactment of the amendment to By-law 177-96 be deferred;

 

And that the amendment to By-law 177-96 be brought forward for consideration in the New Year, after further review of development industry submissions.

(By-law 2004-347)

 

CARRIED AS AMENDED

(See following motion to amend)

 

            Moved by Councillor G. McKelvey

            Seconded by Councillor K. Usman

 

            That Clause (9), Report No. 67 be amended to delete paragraph 2 as follows:

 

            "And that the by-law be enacted, with the exception of the section regarding driveway widths, which is to be deferred for further discussion on front yard parking issues."


 

            And that the following paragraphs be added:

 

"And that enactment of the amendment to By-law 177-96 be deferred;

 

And that the amendment to By-law 177-96 be brought forward for consideration in the New Year, after further review of development industry submissions."

 

CARRIED

 

 

(10)      NORVALLEY HOMES LTD.
            355-357 MAIN STREET MARKHAM NORTH
           
REZONING APPLICATION FOR SINGLE AND SEMI-DETACHED
            DWELLINGS (ZA 04 010190) (10.5, 10.6) report 

 

That the Zoning By-law Amendment application by Norvalley Homes Ltd, to permit the construction of one semi-detached building, two single detached dwellings and restoration of the existing single detached heritage dwelling at 355-357 Main Street Markham North, be approved and an amending by-law be enacted.

(By-law 2004-348)

 

 

(11)      SUBMISSION TO THE PROVINCE REGARDING
FINANCIAL TOOLS TO IMPLEMENT MARKHAM CENTRE
(10.8, 13.2, 7.0) report 

 

That the staff report entitled “Submission to the Province regarding Financial Tools to Implement Markham Centre” dated December 7th, 2004, be received;

 

And that Council endorse and request that the Province take necessary action to provide the five financial tools summarized in this report and set out in Appendix “A” attached, namely:

 

1.         Introduce Tax Increment Financing (TIF) legislation in support of Markham Centre and permanently remove tax capping within TIF zones;

 

2.         Invest in The Region of York’s Rapid Transit Strategy and Plan;

 

3.         Amend the Development Charges Act to support future urban growth and intensification;

 

4.         Empower “Downtown Development Corporations” to act as a flexible business model to promote the provincial growth plan for the Greater Golden Horseshoe; and

 

5.         Use provincial land and facilities strategically to promote and support the provincial growth plan for the Greater Golden Horseshoe;

 

And that the Clerk be requested to forward a copy of this report to the Minister of  Public Infrastructure Renewal, the Minister of Municipal Affairs and Housing, the Minister of Finance, the Minister of Transportation, the York Rapid Transit Plan, York Region MPPs, the Region of York, and the Assistant Deputy Minister for the Ontario Growth Secretariat.


 

(12)      MARKHAM CENTRE STREETSCAPE (10.8)  report 

 

That the report entitled “Markham Centre Streetscape Standards” dated December 7, 2004 be received;

 

And that Council endorse the enhanced streetscape standards for the hierarchy of public streets in Markham Centre;

 

And that staff be directed to report back in 2005 on offsetting operations, maintenance and capital replacement costs in the context of Markham Centre’s higher densities and higher property value assessments, as part of the Financial Strategy Study and Implementation Plan for Markham Centre.

 

 

(13)      973125 ONTARIO LTD. AND CONSTANTINOS PALLAS
            9250 WARDEN AVENUE, DRAFT PLAN OF SUBDIVISION AND
            ZONING BY-LAW AMENDMENT (SU 04 016284, ZA 04 016314) 
            (10.5, 10.7) report

 

That the report dated December 7, 2004, entitled “Recommendation Report, 973125 Ontario Ltd. and Constantinos Pallas” be received;

 

And that notwithstanding the Council moratorium on residential draft plan and site plan approvals, the Draft Plan of Subdivision (SU 04 016284) and Zoning By-law Amendment (ZA 04 016314) applications be approved and that water and sewer allocation be granted in accordance with York Region commitments, as outlined in a letter to the Town, dated October, 19, 2004;

 

And that the draft plan of subdivision prepared by Humphries Planning Group Inc., identified as File Number 0422, dated May 12, 2004 as revised, and attached as Figure 3, be approved, subject to the conditions of Draft Plan Approval, the execution of a comprehensive subdivision agreement and revisions to the draft plan including:

 

  • changes required to reflect York Region’s right-of-way requirements, including appropriate corner roundings and day-light triangles

 

  • relocation of the termination of the cul-de-sac to the west, to allow for landscaping and a pedestrian connection at the end of the street, and elimination of the ditch/change in grade between the end of the cul-de-sac and Warden Avenue to the satisfaction of the Commissioner of Development Services

 

  • final design of the cul-de-sac and turning metre radius, in accordance with Town standards and including sidewalk locations, to the satisfaction of the Commissioner of Development Services

 

And that Council endorse the parameters for the drafting of a zoning by-law, including Hold (H) provisions, as discussed in the report, including tree preservation and noise attenuation, and that staff be directed to bring forward the implementing by-law at the first available opportunity.

 

CARRIED

 

 

(14)      GROUND SIGN VARIANCE (04 026572)
            NIVLOG INVESTMENTS,
7333 WOODBINE AVENUE (2.16.2)  report 

 

That the ground sign variance application by Nivlog Investments at 7333 Woodbine Ave, application # 04-026572, be approved to accommodate an analogue clock as proposed, which does not advertise specific products of services, with no special lighting, and with numbers and symbols restricted to those used for an analogue clock only.

 

CARRIED

(See following recorded vote) (9:4)

 

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. Webster, Councillor A. Chiu. (9)

 

NAYS:             Councillor J. Virgilio, Councillor G. McKelvey, Councillor D. Horchik, Councillor K. Usman. (4)

 

 

(15)      KINDWIN MARKHAM LIMITED, BERCZY COMMUNITY
            NORTHWEST CORNER OF
WILLIAM BERCZY BLVD AND
           
OLIVIA DR., ZONING BY-LAW AMENDMENT TO PERMIT
            42 STREET TOWNHOUSE UNITS (ZA.04-025605 & SC.04-025606) (10.5, 10.6)

 

That the report from the Development Services Commission dated November 9, 2004, entitled “Kindwin Markham Limited, Application fro Zoning By-law Amendment and Site Plan Approval to permit the construction of 42 Street Townhouse Units, Northwest corner of William Berczy Boulevard and Olivia Drive (ZA 04 025605)” be received;

 

And that the Record of the Public Meeting held on December 7, 2004, with respect to the proposed amendments to By-law 177-96 be received;

 

And that the applications by Kindwin Markham Limited to amend by-law 177-96, as amended, be approved;

 

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

CARRIED

(Councillor J. Virgilio abstained)


 

(16)      WOODBINE MONTESSORI SCHOOL, 9921 WOODBINE AVE.
            OFFICIAL PLAN AND ZONING BY-LAW AMENDMENTS
            AND SITE PLAN APPROVAL TO PERMIT THE CONVERSION
            OF A SINGLE DETACHED RESIDENTIAL DWELLING TO A
            PRIVATE SCHOOL (OP.04-025537 & ZA.04-025549)
(10.3, 10.5, 10.6)

 

That the written submission from Antonia Pantazis, and Mary and Peter Spanogiannis, in support, and from Ben Quan of QX4 Investments Ltd., with comments regarding the proposal by Woodine Montessori School for 9921 Woodbine Avenue, be received;

 

And that the deputation by Mary Spanogiannis, 16 Allen Manor, with concerns regarding the proposal by Woodbine Montessori School, be received;

 

And that the report from the Development Services Commission dated November 9, 2004, entitled “Woodbine Montessori School, Applications for Official Plan Amendment, Zoning By-law Amendment, and Site Plan Approval to Permit the Conversion of a Single Detached Residential Dwelling to a Private School, 9921 Woodbine Avenue, East Side of Woodbine Avenue, South of Major Mackenzie Drive”, be received;

 

And that the Record of the Public Meeting held on December 7, 2004, with respect to the proposed amendments to the Official Plan and to By-law 304-87, as amended, be received;

 

And that the applications by Woodbine Montessori School to amend the Official Plan and By-law 304-87, as amended, be approved;

 

And that the proposed Official Plan Amendment and amendment to By-law 304-87, as amended, be enacted without further notice.

 

 

(17)      TOWN INITIATED OFFICIAL PLAN AMENDMENT
            TO REDESIGNATE LANDS WITHIN THE LEGACY COMMUNITY
            FROM HIGH DENSITY HOUSING TO MEDIUM DENSITY
            (OP 04 017782) (10.3)

 

That the written submissions from Mei-Mei Kwan and Sum Yeung, Judy and Dennis Yeun, and Oi Yin Kong and Stephen Yun Ming Nip, in support of the Town-initiated Official Plan amendment, Legacy Community, be received;

 

And that the deputations by Arturo De Marchi, and Don Hutchinson, President of Legacy Ratepayers Association, in support of the Town-initiated Official Plan amendment, Legacy Community, be received;

 

And that the Record of the Public Meeting held on December 7, 2004, with respect to “Town-initiated Official Plan amendment to redesignate lands within the Legacy Community from High Density Housing to Medium Density Housing”, be received;


 

And that the Town-initiated Official Plan amendment for Legacy Community be approved;

 

And that the proposed Official Plan Amendment be enacted without further notice.

 

And that staff look at further reducing the density in remaining lands owned by the Ministry of Transportation, as part of a comprehensive report on all of the MTO lands.

 

 

(18)      OTHER COMMITTEE PROCEEDINGS
            - MINUTES OF DEVELOPMENT SERVICES
            COMMITTEE MEETING – DECEMBER 7, 2004 (16.0)

 

That the Development Services Committee minutes dated December 7, 2004 be received.

 

CARRIED

 

 

 

5(d)      REPORT NO. 68 - COMMUNITY SERVICES & ENVIRONMENT COMMITTEE

 

Council consented to add Report No. 68.

 

Council consented to separate Clause (1).

 

Moved by Councillor A. Chiu

Seconded by Councillor K. Usman

 

That Report No. 68 - Community Services & Environment Committee be received and adopted.

 

December 13, 2004

 

(1)        ICE RINK PILOT PROJECT (6.1)  Report     

 

That the staff report entitled “Ice Rink Pilot Project”, dated December 13th, 2004, be received;

 

And that Council approve a pilot project, permitting volunteer resident groups to establish ice rinks at Bayview Lane and Mintleaf Parks for the 2004/2005winter season, subject to the following terms and conditions:

 

1.      A local Organization of volunteers or service group of volunteers be formed to operate and maintain the rink(s);

1.a. Members of the Organization or service group be trained by Town staff in the preparation, maintenance, and operation of an outdoor rink;

2.      The Organization or service group be responsible for the installation, operation, maintenance, snow removal and inspection of the ice rink;


 

3.      The service club provide satisfactory insurance, which names the Town as an additional insured, for any liabilities arising from the existence and operation of the ice rink;

4.      Only members of the Organization or service group who have been trained by the Town shall operate or maintain the rink(s);

5.      The Organization or service group enter into a licence agreement with the Town for the use of a designated portion of the park;

6.      Subtle and subdued lighting be used as approved by Town of Markham staff;

7.      Shinny not be permitted unless the rink is divided for pleasure skating in one area and shinny in another, and signed accordingly, and rules be approved to ensure no pucks can enter the pleasure skating area;

8.      The ice rink shall not be placed on sports field turf;

9.      The ice rink shall be open to use by all residents of the community;

10.  The Town will provide access to a water service and will provide water for the ice rink, where winterized water services are currently installed and operational;

11.  The Town will plow access into the site, and provide benches and waste and recycling receptacles, as required;

12.  The ice rinks will only be permitted subject to receiving the consent of a majority of residents who abut the park.

 

And that the Mayor and Clerk be authorized to enter into an agreement with the service club or organization sponsoring the ice rink program in a form that is satisfactory to the Town Solicitor.

 

And that Staff report back to Council in the fall of 2005 to provide information on the success of this pilot project and make recommendations regarding the establishment of a permanent outdoor ice rink program.

 

And that staff locate the necessary insurance coverage for the ice rink pilot project.

 

CARRIED AS AMENDED

(See following motion to amend)

 

            Moved by Councillor A. Chiu

            Seconded by Councillor K. Usman

 

            That Clause (1), Report No. 68 be amended to delete terms and conditions 1, 2, 3, 4 and 5 and replace them with the following:

 

              “1.   A local Organization of volunteers or service group of volunteers be formed to operate and maintain the rink(s);

              1.a. Members of the Organization or service group be trained by Town staff in the preparation, maintenance, and operation of an outdoor rink;

              2.    The Organization or service group be responsible for the installation, operation, maintenance, snow removal and inspection of the ice rink;

              3.    The service club provide satisfactory insurance, which names the Town as an additional insured, for any liabilities arising from the existence and operation of the ice rink;


 

              4.    Only members of the Organization or service group who have been trained by the Town shall operate or maintain the rink(s);

              5.    The Organization or service group enter into a licence agreement with the Town for the use of a designated portion of the park;”

 

              And that terms and conditions 7 be deleted and replaced with the following:

 

              “7.   Shinny not be permitted unless the rink is divided for pleasure skating in one area and shinny in another, and signed accordingly, and rules be approved to ensure no pucks can enter the pleasure skating area;”

 

CARRIED

 

 

(2)        MARKHAM MUSEUM MASTER PLAN CONCEPTUAL
            FRAMEWORK (6.7)    Report   1    2   
Presentation

 

That the report entitled “Museum Master Plan Conceptual Framework” be received;

 

And that staff be directed to bring forward a report with a detailed business plan and associated cost for Phase 1: 2005-2008, as outlined in the Master Plan, in conjunction with a broad-based public consultation process;

 

And that Council approve the establishment of a Friends of the Markham Museum Foundation;

 

And further that staff be directed to review and update the current terms of reference for the Friends of the Markham Museum Foundation to assist in fund-raising and sponsorship activities.

 

 

(3)        AMENDMENT TO POLICY TITLED COMMUNITY
            SERVICE GROUPS CRITERIA FOR USE OF TOWN
            FACILITIES (8.7)    Report   1   2

 

That the report titled “Amendment to Policy Titled Community Service Groups Criteria for Use of Town Facilities” be received;

 

And that the policy be amended to provide, based on availability, that Members of Council be permitted to use community centre meeting rooms free of charge for public meetings relating to Ward, Town or Regional issues;

 

And that the Rouge River Community Centre Poolside Lounge be added to the list of meeting rooms available to Community Service Groups at no cost, based on the criteria approved by Council June 23, 1998;

 

And that free use of meeting rooms by Members of Council for election-related or personal use not be authorized;


 

And further that for any other facility bookings the Community Service Group rate will apply to Members of Council.

 

 

(4)        REPORT ON SPENDING OF 2004 MARKHAM
            COUNCIL GRANTS FOR ROUGE RIVER & DON
            RIVER WATERSHEDS (5.7)    Report

 

That the staff report entitled “Report on Spending of 2004 Markham Council Grants for Rouge River and Don River Watersheds”, dated December 13, 2004 be received;

 

And that a cheque in the amount of $25,000 be issued to the Rouge Park Alliance for their programs, as outlined in this report.

 

 

(5)        VARLEY ART GALLERY PRICING (6.12)   Report    1

 

That the report entitled “Varley Art Gallery Pricing” be received;

 

And that the booking priority process be endorsed;

 

And that the proposed 2005 rate and fee increases as outlined in Appendix A be approved effective January 2, 2005;

 

And that the Director of Recreation and Culture be authorized to set future increases annually so that Markham’s rates remain competitive while offsetting the Art Gallery’s operating budget pressures;

 

And that By-law 2002-276, a by-law to impose fees or charges for services or activities provided or done by the Town of Markham, be amended to reflect the new rates;

 

And that notice to the public be provided in accordance with By-law 2002-275, a by-law to prescribe the form and manner and times for the provision of reasonable notice.

 


 

(6)        JOHN STREET LANDS PROPOSAL (3.0, 7.15)   Report

 

That Council receive this report and approve the use of the John St. Fire Station and lands as an interim training centre for the Fire and Emergency Services Department;

 

And that staff locate the necessary funds within the 2005 Capital budget for signage and minor capital improvements needed for the continued use of this facility on an interim basis;

 

And that staff come forward with a Feasibility Study project (to be funded by the 2004 Capital budget - account number 67-5399-6316-005) in the second year of interim use.

 

 

(7)        SPORT FIELD USER FEES (6.3, 6.10)   Report     1   By-law

 

That prime and non-prime hours as outlined in this report be established for all outdoor sport fields in the Town of Markham;

 

And that minor group and resident prime time sport field user fees for the 2005 outdoor season be increased by one dollar per game; 

 

And that non-residents prime time sport field user fees for prime hours increase by two dollars per game;

 

And that outdoor sport field hydro fees for 2005 be increased by one dollar per hour for minor sport and resident groups;

 

And that outdoor sport field hydro fees for the 2005 outdoor season be increased by two dollars per hour for non-residents;

 

And that the Director of Strategic Services be authorized to set future increases annually so that Markham’s rates remain competitive while offsetting the Parks Maintenance sport field operating budget pressures;

 

And that Schedule A of By-law 2002-276, A By-law to Impose Fees or Charges for Services or Activities Provided or Done by the Town of Markham, be amended accordingly.

 

 

(8)        THEATRE COMPLIMENTARY TICKET
            POLICY (6.2)   Report   1

 

That the report titled “Theatre Complimentary Ticket Policy” be received and approved;

 

And that the revised policy be effective September 1, 2005.

 

CARRIED


 

6.         MOTIONS

 

Council consented to add Motions (1).

 

(1)        MARKHAM/UNIONVILLE ROTARY CLUB
            AND THE ROTARY CLUB OF MARKHAM SUNRISE (12.2.6)

 

Moved by Councillor E. Shapero

Seconded by Deputy Mayor F. Scarpitti

 

That the deputations by members of the Rotary Club representing Markham/Unionville Rotary Club and Rotary Club of Markham Sunrise in recognition of 100 years of service to both the local and international community, be received.

 

CARRIED

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

 

 

 

7.         COMMUNICATIONS

 

Council consented to add Communications 171-2004 to 173-2004.

 

Council consented to separate Communication 168-2004.

 

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

 

Received

166-2004         City of Vaughan - Forwarding a resolution with respect to requesting the provincial government to take the necessary steps to enact an amendment to the legislation which clarifies the position of the government that the introduction of the Ontario Health Premium is intended as an increase to individual provincial income tax. (13.5.2)

 

167-2004         City of Ottawa - Requesting support with respect to requesting the provincial government to enact special legislation to allow for a broader range of investments than allowed under municipal legislation. (13.5.2)

 

168-2004         Minister of Municipal Affairs and Housing - Announcing the introduction of performance measures for library services as well as parks and recreation under the 2004 Municipal Performance Measurement Program (MPMP).  (13.2.5)

 

CARRIED


 

Referred to Commissioner of Development Services and Town Solicitor

169-2004         Ontario Municipal Board - Advising that the appeals submitted by Minto Homes for the application submitted by Animate Construction Limited for Draft Plan of Subdivision have been withdrawn (By-laws 2004-147, 2004-148 & 2004-149). (10.5 & 13.13)

 

170-2004         Ontario Municipal Board - Acknowledging receipt of appeals for Development Charges By-laws (2004-222, 2004-223, 2004-228, 2004-233, 2004-234, 2004-239, 2004-240, 2004-241, 2004-242 and 2004-247). (7.11)

 

Referred to all Members of Council

171-2004         Liquor Licence Application - Request to complete the Alcohol and Gaming Commission Municipal Information Form for Uptown Bar & Grill, 144 Main Street North Markham, Unit 18 (indoor & outdoor). (3.21)

 

Referred to Commissioner of Development Services

172-2004         Stanley B. Stein, Osler, Hosking & Harcourt Barristers and Solicitors, on behalf of the owners of Splendid China Square - Expressing concerns with respect to Resolution A, Clause (2), Report No. 67 (Development Services Committee Report), the proposed development at 4675 Steeles Avenue, southeast corner of Steeles Avenue and Kennedy Road. (5.10)
(Clause 2, Report No. 67, 2004)

 

173-2004         Frederick Woo - Outlining his involvement with respect to the proposed development at 4675 Steeles Avenue, southeast corner of Steeles Avenue and Kennedy Road (Splendid China Square). (5.10)
(Clause 2, Report No. 67, 2004)

 

CARRIED

 

 

 

8.         PROCLAMATION

 

(1)        PROCLAMATIONS (3.4)

 

Moved by Regional Councillor J. Heath

Seconded by Regional Councillor J. Heath

 

That the following be proclaimed in the Town of Markham:

- Rotary Week - Week of February 21, 2005

- Ontario Family Fishing Weekend - July 8 to 10, 2005.

 

CARRIED


 

9.         BY-LAWS

 

Council consented to the following:

- add By-laws 2004-356 and 2004-357

- defer By-law 2004-347

- separate By-law 2004-343.

 

That By-laws 2004-336 to 2004-346 and By-law 2004-348 to 2004-357 be given three readings and enacted.

 

Three Readings

 

BY-LAW 2004-336    A by-law to amend By-law 2001-1, a by-law to govern the proceedings of Council and Committees of Council (To update Council/Committees structure).
(Clause 3, Report No. 66, 2004)

 

BY-LAW 2004-337    A by-law to authorize the temporary borrowing, if required, of an amount not to exceed $83,220,028 from January 1, 2005 to September 30, 2005 and $41,610,014 from October 1, 2005 to December 31, 2005 to meet the current expenditures of the Corporation until taxes are collected and other revenues are received.
(Clause 7, Report No. 66, 2004)

 

BY-LAW 2004-338    A by-law to authorize the 2005 interim tax levy.
(Clause 8, Report No. 66, 2004)

 

BY-LAW 2004-339    A by-law to authorize the Treasurer to file assessment and tax complaints.
(Clause 10, Report No. 66, 2004)

 

BY-LAW 2004-340    A by-law to amend By-law 2002-308, a by-law for licensing, regulating and governing owners and drivers of taxicab brokers (To provide for mandatory driver training for new taxi driver applicants and to enact various administrative amendments).
(Clause 11, Report No. 66, 2004)

 

BY-LAW 2004-341    A by-law to establishing Procurement, Service and Disposal Regulations and Policies (Purchasing By-law) (Repeals Purchasing By-law 143-2000).
(Clause 12, Report No. 66, 2004).

 

BY-LAW 2004-342    A by-law to amend By-law 2002-276, a by-law to impose fees or charges for services or activities provided or done by the Town of Markham (Recreation user fees and rates).
(Clause 14, Report No. 66, 2004)


 

BY-LAW 2004-343    A by-law to amend By-law 2002-276, a by-law to impose fees or charges for services or activities provided or done by the Town of Markham (Pool rental fees and rates).
(Clause 15, Report No. 66, 2004)
                                                                                                    CARRIED
                                                               (Councillor D. Horchik abstained)

 

BY-LAW 2004-344    A by-law to amend By-law 2002-276, a by-law to impose fees or charges for services or activities provided or done by the Town of Markham (Taxation administration fees).
(Clause 15, Report No. 66, 2004)

 

BY-LAW 2004-345    A by-law to deem lots 11 and 12, Plan 65M-2813 not to be part of a registered plan of subdivision (Fairmount Books Inc., 100 Duffield Drive).
(Clause 5, Report No. 67, 2004)

 

BY-LAW 2004-346    A by-law to designate a property as being of Historic and/or Architectural Value or Interest (The Menno Raymer House, 9404 Highway 48).
(Clause 7, Report No. 67, 2004)

 

BY-LAW 2004-347    A by-law to amend Urban Expansion Area Zoning By-law 177-96, as amended (Housekeeping amendments).
(Clause 9, Report No. 67, 2004)                                              DEFERRED

 

BY-LAW 2004-348    A by-law to amend Zoning By-law 1229, as amended (Norvalley Homes, 355-357 Main Street Markham North - to permit the construction of one semi-detached building, two single detached dwellings and restoration of the existing single detached heritage dwelling).
(Clause 10, Report No. 67, 2004)

 

BY-LAW 2004-349    A by-law to amend By-law 2002-276, a by-law to impose fees or charges for services or activities provided or done by the Town of Markham (Water/Wastewater Rates - Effective January 1, 2005).
(Motion (1) -
November 30, 2004)

 

BY-LAW 2004-350    A by-law to adopt Official Plan Amendment No. 126 (Olive Branch Community Church, 175 and 185Anderson Avenue - To permit a place of worship).
(Clause 8, Report No. 64, 2004)

 

BY-LAW 2004-351    A by-law to amend Zoning By-law 88-76, as amended (Olive Branch Community Church, 175 & 185 Anderson Avenue - To permit a place of worship).
(Clause 8, Report No. 64, 2004)


 

BY-LAW 2004-352    A by-law to designate part of a certain plan of subdivision not subject to Part Lot Control (Markham Development Joint Venture, south of Bur Oak Avenue, west of 9th Line, Lots 40 to 43, Blocks 60 and 61, Plan 65M-3586).

 

BY-LAW 2004-353    A by-law to designate part of a certain plan of subdivision not subject to Part Lot Control (Mattamy Wykland Limited, east of 9th Line and south of 16th Avenue, Blocks 321 to 332, Plan 65M-3767).

 

BY-LAW 2004-354    A by-law to amend By-law 2002-178, a by-law to appoint Municipal Law Enforcement Officers (To revise Schedule B).

 

BY-LAW 2004-355    A by-law to confirm the proceedings of the Council meeting of December 14, 2004.
(Council Meeting No. 1, 2004)

 

BY-LAW 2004-356    A by-law to amend By-law 2002-276, a by-law to impose fees or charges for services or activities provided or done by the Town of Markham (Varley Art Gallery Pricing).
(Clause 5, Report No. 68, 2004)

 

BY-LAW 2004-357    A by-law to amend By-law 2002-276, a by-law to impose fees or charges for services or activities provided or done by the Town of Markham (Sport Field User Fees).
(Clause 7, Report No. 68, 2004)

 

CARRIED

 

 

 

10.       ADJOURNMENT

 

Moved by Councillor A. Chiu

Seconded by Councillor K. Usman

 

That the meeting do adjourn.

CARRIED

 

 

Council adjourned at 2:44 p.m.

 

 

 

 

___________________________________        ___________________________

SHEILA BIRRELL, TOWN CLERK                    DON COUSENS, MAYOR

(Signed)

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