2005-11-15

COUNCIL MINUTES  Council Chamber, Civic Centre

 

(Canada Room)

COMMITTEE OF THE WHOLE

 

ROLL CALL

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 D. Horchik, Councillor K. Usman (6:20 p.m.), Councillor A. Chiu. (10)

 

Regrets

Mayor D. Cousens, Councillor J. Virgilio, Councillor G. McKelvey. (3)

 

Moved by Regional Councillor J. Jones

Seconded by Councillor A. Chiu

 

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

 

(1)        Preliminary 2006 Waterworks Budget Presentation  (7.4 & 7.5)

(2)        2006 Waterworks Capital Budget Submissions (7.4 & 7.5)

(3)        Pathway – Winter Maintenance & Lighting (5.16, 5.19)

(4)        Elections – Advance Polling Hours & Polling Hours in Institutions (14.0)

(5)        2006 Advisory Committee/Board Appointments  (16.24)

(6)        National Research Council Proposal Document & Status Update (10.16)

(7)        District Fire Chief (11.6)

(8)        Relocation of the Joshua Miller House to Markham Heritage Estates Financial Capability of Applicant & Lot Selection (16.11 & 8.7)

CARRIED

 

 

The Regular Meeting of Council was held on November 15, 2005 at 7:05 p.m. in the Council Chamber, Civic Centre.  Deputy Mayor F. Scarpitti presided.

 

 

(Council Chambers)

COUNCIL

ROLL CALL

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 D. Horchik, Councillor K. Usman, Councillor A. Chiu. (10)

 

Regrets

Mayor D. Cousens, Councillor J. Virgilio, Councillor G. McKelvey. (3)

 

 

STAFF

J. Livey, Chief Administrative Officer

J. Baird, Commissioner of Development Services

C. Conrad, Town Solicitor

B. Cribbett, Treasurer

J. Sales, Commissioner of Community & Fire Services

A. Taylor, Commissioner of Corporate Services

S. Birrell, Town Clerk

P. Miller, Manager, Secretariat Services

B. Nanninga, Executive Assistant

B. Roth, Director, Recreation & Culture Services

J. Allen, Chief Information Officer

 

 

 

1.         DISCLOSURE OF PECUNIARY INTEREST

 

None declared.

 

 

 

2.         REPORT OF THE COMMITTEE OF THE WHOLE

 

Moved by Councillor A. Chiu

Seconded by Regional Councillor B. O'Donnell

 

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

 

CARRIED

 

 

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

 

(1)        PRELIMINARY 2006 WATERWORKS BUDGET
            PRESENTATION  (7.4 & 7.5)

              Presentation  

 

That the presentation by the Director, Operations regarding the preliminary 2006 Waterworks Budget, be received;

 

And that a Water Rate Increase of 6.1% (effective January 1, 2006) be approved for presentation at a Public Meeting on December 13, 2005.

 

(2)        2006 WATERWORKS CAPITAL
            BUDGET SUBMISSIONS (7.4 & 7.5)

 

That the 2006 Waterworks Capital Budget Submissions be received.

 

 

(3)        PATHWAY – WINTER MAINTENANCE &
            LIGHTING (5.16, 5.19)

            Report   Map  Revision  Presentation 

 

That the presentation by the General Manager, Operations, providing information on pathway winter maintenance and lighting, be received;

 

And that the Operations Department provide winter maintenance service on Park Pathways that meet the following three criteria:

• The pathway must be paved (i.e. hard surface comprised of asphalt, concrete or unit pavers) and be located exclusively on Park or Public lands or other lands where the municipality is satisfied that the non-Town owned pathway will also be maintained in winter.
• The pathway provides a significantly shorter or safer route for the movement of pedestrian traffic to provide a connection to public transit, schools, major commercial areas and/or traverses major parks and natural barriers between neighbourhoods.
• The pathway provides a continuous link between the neighbourhood road network

 

And that the Operations Department provide winter maintenance on pathways meeting these three criteria through Cricklewood, Royal Orchard, Ashton Meadows, Riseborough and Harvest Gate Parks throughout the 2005/2006 winter season;

 

And that the Operations Department proceed with the paving of the Aldergrove Park pathway in 2005 at an estimated cost of $10,000 and include this pathway in future pathway winter maintenance programs;

 

And that the Operations Department staff review the Towns Park Pathway inventory and identify locations where existing limestone park pathways, once paved, would meet the criteria required to qualify for winter maintenance, and provide this information in a report to Council in 2006;

 

And that the Operations Department prepare an annual Parks Pathways resurfacing program, including prioritized opportunities for the inclusion of additional pathways in the winter maintenance program, for Council’s consideration in future Capital and Operating Budget submissions;

 

And that the Operations Department provide the Urban Design Department with annual updates of the Park Pathway inventory that qualifies for and receives winter maintenance, for consideration for inclusion in the Town’s Pathway Master Plan;

 

And that the issue of clearing and maintaining pathways to schools be the subject of a further report to General Committee.

 

(4)        ELECTIONS – ADVANCE POLLING HOURS AND
            POLLING HOURS IN INSTITUTIONS (14.0)

              Report  By-laws 

 

That a by-law be adopted to establish the 2006 advance voting dates, times and locations within the Town in the form attached as Schedule “A” save and except that the number of poll locations be increased by one (1) and that a separate poll location be established for both Wards 7 and Ward 8 and that the location of the poll for Ward 7 be referred to staff to determine an alternate location to Milliken Mills Community Centre;

 

And that a by-law be adopted to establish modified voting hours for institutions and retirement homes in the form attached as Schedule “B”.

(By-law 2005-320)

 

 

(5)        2006 ADVISORY COMMITTEE/BOARD
            APPOINTMENTS  (16.24)

 

Canada Day Committee

That the following persons be appointed to the Canada Day Committee for a term to expire November 30, 2006:

 

            Eddie Ting

            Adam Poon

            Everest D'Souza

            Shannon Walter

            Javaid Khan

            Ivy Lee

            Sam Sahoy

            Tara Willis

 

And that the Clerk's Department be requested to re-advertise for three (3) additional positions on the Canada Day Committee, term ending November 30, 2006;

 

Markham Accessibility Committee

That the resignation of Sherry Setnyk from the Markham Accessibility Committee be accepted with regret and a letter of appreciation forwarded.

 

 

(6)        NATIONAL RESEARCH COUNCIL
            PROPOSAL DOCUMENT AND STATUS UPDATE (10.16)

 

That the tabled confidential report from the Director, Economic Development and the Chief Administrative Officer regarding a National Research Council proposal document and status update, be received;

 

And that the proposal document be endorsed.

 

(7)        DISTRICT FIRE CHIEF (11.6)

 

That the report regarding the District Chief position in the Fire Department be received;

 

And that the plan to implement the District Chief position be approved.

 

 

(8)        RELOCATION OF THE JOSHUA MILLER
            HOUSE TO MARKHAM HERITAGE ESTATES
            FINANCIAL CAPABILITY OF APPLICANT AND
            LOT SELECTION  (16.11 & 8.7)

 

That the report on financial capability of the applicants to purchase a lot and relocate and restore the Joshua Miller House at the Markham Heritage Estates be received;

 

And that Lot 5, Plan 65M-2761 (Heritage Subdivision) be declared surplus to the Town’s needs and made available for sale to the applicants;

 

And that the fourteen (14) day notice period of the proposed sale of the above lands be placed on the next Council agenda, or subsequent date, in accordance with the Town of Markham By-law No. 178-96 (Sale of Surplus Real Property);

 

And that a by-law be enacted authorizing the Mayor and Clerk to execute an Agreement of Purchase and Sale between Frederick Watt and Joyce Nelson-Watt and the Town of Markham together with the transfer/deed of land and any other documentation required to give effect hereto in a form satisfactory to the Town Solicitor;

 

And that Lot 5 of Plan 65M-2761 be sold for $112,000 plus GST;

 

And further that when a building permit is issued for Lot 5, Plan 65M-2761, that the property be exempt from all of the Town’s current development charges in accordance with Town of Markham By-law No. 2004-222 (Town-Wide Hard Services) and Town of Markham By-law 2004-223 (Town-Wide Soft Services).

 

 

Moved by Regional Councillor J. Heath

Seconded by Regional Councillor J. Jones

 

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

 

CARRIED

 

3.         MINUTES

 

(1)        COUNCIL MINUTES
            - OCTOBER 25, 2005

 

Moved by Councillor A. Chiu

Seconded by Councillor K. Usman

 

That the Minutes of the Council Meeting held on October 25, 2005, be adopted.

 

CARRIED

 

 

 

4.         PRESENTATIONS

 

(1)        RECOGNITION OF DELOITTE & TOUCHE LLP (12.2.6)

 

Council recognized and expressed appreciation to staff members of Deloitte & Touche LLP for their valuable contribution to the site improvements at Markham Museum during Impact Day held on September 30, 2005.  Approximately 185 volunteers were organized into teams under the direction of team captains.  They contributed over 1000 person hours in their tremendous volunteer effort at the Museum.

 

Impact Day was a national event for Deloitte & Touche LLP this year where every office throughout Canada participated on the same day.  Their offices around the world participate in Impact Day throughout the months of June to September.

 

The key team members were:

Tom Sakellaris, Ravi Mohabir, Pradeepa Mitter, Lynn Idnurm, Rajiv Mathur and Joe Evers.

 

The following members were in attendance:

Ravi Mohabir, Pradeepa Mitter, Lynn Idnurm, Rajiv Mathur and JoeEvers.

 

 

 

5(a)      REPORT NO. 36 - GENERAL COMMITTEE

 

Council consented to separate Clauses (5), (8), (9) & (11).

 

Moved by Councillor S. Daurio

Seconded by Councillor A. Chiu

 

That Report No. 36 - General Committee be received and adopted.

 

November 7, 2005

 

(1)        STATUS OF CAPITAL PROJECTS
            AS OF SEPTEMBER 30, 2005 (5.10 & 7.5)

            Report

 

That the report entitled “Status of Capital Projects as of September 30, 2005” be received;

 

And that $2,349,468.00 from closed capital projects be transferred to the sources of funding as listed on Exhibit A entitled “Summary of Closed Capital Projects by Account”;

 

And that projects listed in Exhibit C entitled “Summary of Open Capital Projects 100% (or Greater) Encumbered at September 30, 2005” be closed upon payment of final invoices and any outstanding amount returned to/from the original source(s) of funding;

 

And that the Section 4.0 of Capital Budget Control Policy be amended, as attached in Exhibit D, to provide the Treasurer authority to approve funding from the original sources to pay invoices that are received after the closure of a capital project, provided the payment of invoice is within the original approved budget and within the original scope.

 

 

(2)        REVISED 2006 BUDGET SUB-COMMITTEE SCHEDULE (7.4 & 7.5)

            Report

 

That the report dated November 7, 2005 entitled “Revised 2006 Budget Sub-Committee Schedule” be received;

 

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

 

            Tuesday, November 15^th (9 a.m. to 12 p.m. – Canada Room)

            Budget Sub-Committee Meeting #2

 

            Tuesday, December 6^th (9 a.m. to 12 p.m. – Canada Room)

            Budget Sub-Committee Meeting #3

 

 

(3)        TAX WRITE-OFFS IN ACCORDANCE WITH SECTION 354
            OF THE MUNICIPAL ACT, 2001 (7.3)

            Report

 

That taxes totalling $809,910.50 ($777,810.20 in taxes and $32,100.30 in penalty and interest) as set out in this report be written off pursuant to the provisions of Section 354 of the Municipal Act, 2001 and charged to the 2005 allowance budget for write-offs;

 

And that the applicable penalty and/or interest charges be adjusted accordingly;

 

And that the Treasurer be directed to remove the taxes from the Collector’s Roll.

 

(4)        CANCELLATION, REDUCTION OR REFUND OF
            TAXES UNDER SECTIONS 357 AND 358
            OF THE MUNICIPAL ACT, 2001 (7.3)

Report

 

That residential and non-residential taxes totalling $328,673.73 be adjusted under Section 357 (in the amount of $299,145.44) and Section 358 (in the amount of $29,528.29) of the Municipal Act, 2001 of which the Town’s portion is estimated to be $45,144.25;

 

And that the associated interest be cancelled in proportion to the tax adjustments;

 

And that the Treasurer be directed to adjust the Collector’s Roll.

 

 

(5)        2006 ELECTION CONTRIBUTION
            REBATE PROGRAM (14.0 & 7.0)

            Report

 

That a by-law be presented, in the form attached to the staff report as Schedule “A”, to provide for an Election Contribution Rebate Program during the 2006-2009 term of office in the Town of Markham;

 

And that an Election Rebate Program of $70,000 be included in the 2006 Operating Budget.

(By-law 2005-311)

 

CARRIED

 

 

(6)        PRINT STRATEGY (12.0 & 9.0)

            Report   Policy

 

That the Corporate Print Strategy outlined below be approved:

 

• the existing walk-up analogue copiers, fax machines and some laser printers be replaced with digital multifunctional devices (MFDs) that have printing, copying, faxing and scanning abilities;
• certain convenience laser printers that have been identified for removal during the study not be removed at this time, but phased out over a period of time;
• the existing high speed and colour copier in the print shop be replaced with networked black and white and colour devices and provide additional finishing equipment to provide a higher level of service and productivity;

 

And further that the Corporate Printing Guidelines attached as Appendix “A” be approved.

 

(7)        POWERSTREAM RATE INCREASE FOR
            WATER BILLING SERVICE (5.3 & 13.7 & 8.2)

            Report

 

That the report dated November 7, 2005 entitled “Powerstream Rate Increase for Water Billing Service” be received;

 

And that the new rate increase from Powerstream be absorbed in the 2005 Waterworks budget and included in the 2006 Waterworks budget;

 

And that approval be granted to the Finance, Asset Management, Waterworks and Legal departments to negotiate the terms of the agreement, including service levels, with Powerstream Inc. whereby the Town’s meter reading, water billing and collection activities will continue to be performed by Powerstream Inc;

 

And that staff will bring the negotiated agreement between Powerstream and the Town of Markham back to Council for consideration and execution by the Mayor and Clerk.

 

 

(8)        PROPOSED 2006 RECREATION
            USER FEES AND RATES (6.4)

            Report   By-law

 

That the report dated November 7, 2005 from the Community Services Commission entitled “Proposed 2006 Recreation User Fees and Rates”, be received;

 

And that Option I is recommended and that the proposed 2006 rate increase, based on CPI (Toronto all items September 2004 to September 2005), of 2.7% be effective September 1, 2006 and rounded to the nearest ½ dollar to correspond to the beginning of the fall programming and ice season with the exception of the Aquatic rental rates as outlined in the report;

 

And that the Director of Recreation and Culture Services be authorized to set future increases annually based on the change in the Consumer Price Index (Toronto all items March to March) with such increases to be effective September 1 and rounded to the nearest ½ dollar;

 

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

 

And further 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 2005-312)

 

CARRIED

 

(9)        PANDEMIC READINESS EMERGENCY PLAN
            (PREP) STEERING COMMITTEE (3.0 & 13.4.4)

            Report     1   2

 

That the report entitled “Pandemic Readiness Emergency Plan (PREP) Steering Committee” be received;

 

And that Council endorse the composition and mandate of the Pandemic Steering Committee, attached as Appendix A to the report;

 

And that Council appoint Deputy Mayor Frank Scarpitti as Chair, and Regional Councillor Jack Heath to the Pandemic Steering Committee;

 

And that a representative of the York Regional Police and of PowerStream be appointed to the Steering Committee.

 

CARRIED AS AMENDED

(See following motion to amend)

 

            Moved by Regional Councillor J. Heath

            Seconded by Councillor A. Chiu

 

            That Clause (9), Report No. 36 be amended to add the following paragraph:

 

            "And that a representative of the York Regional Police and of PowerStream be appointed to the Steering Committee."

 

CARRIED

 

 

(10)      AMEND THE RESIDENCY POLICY FOR THE
            THORNHILL SENIORS CLUB MEMBERSHIP (6.0)

            Report

 

That the report entitled Amendment to the Residency Policy for the Thornhill Seniors Club be received;

 

And that Council approve Option #3 – Status Quo: maintain the current Membership Policy stating that clubs and organizations must consist of 75% residents and 25% non members.

 

(11)      MINUTES – MARKHAM CONSERVATION
            COMMITTEE – SEPTEMBER 29, 2005 (16.28)

Minutes    1     2

 

That the minutes of the Markham Conservation Committee meeting held on September 29, 2005 be received;

 

And that Members of The Mission Green Ambassador Program and Markham Conservation Committee be invited to attend a future Council Meeting to be recognized;

 

And that members of the Markham Conservation Education Subcommittee be invited to General Committee to make a presentation on pesticide reduction educational materials that have been produced and to provide an update.

 

CARRIED AS AMENDED

(See following motion to amend)

 

            Moved by Councillor E. Shapero

            Seconded by Regional Councillor J. Heath

 

            That Clause (11), Report No. 36 be amended to add the following paragraph:

 

            "And that members of the Markham Conservation Education Subcommittee be invited to General Committee to make a presentation on pesticide reduction educational materials that have been produced and to provide an update."

 

CARRIED

 

 

(12)      IMPLEMENTATION OF SECTOR MANAGEMENT
            AREAS (SMA) & DISTRICT MANAGEMENT AREAS
            (DMA) ACROSS THE WATER SYSTEM (5.3)

            Report    1    2

 

That the report entitled Implementation of Sector Management Areas (SMA) and District Management Areas (DMA) Across the Water System be received;

 

And that the project be approved as described in the report Implementation of Sector Management Areas (SMA) and District Management Areas (DMA) Across the Water System, for Waterworks to undertake in a staged approach;

 

And that Veritech Consulting Inc. be approved as a single source for provision of consulting services for the pilot project component of the overall project entitled Implementation of Sector Management Areas (SMA) and District Management Areas (DMA) Across the Water System in the amount of $53,160, exclusive of GST;

 

And that a separate blanket purchase order be issued for contingency in the amount of $8,000, exclusive of GST, the use of which will be governed by the Expenditure Control Policy;

 

And that the pilot project component be funded from Waterworks 2005 Capital Account 53-6150-6781-005 (DMA) District Management Area Pilot Project in the total amount of $61,160, exclusive of GST (including contingencies);

 

And that the pilot project be documented in a report to Council in 2006;

 

And further that congratulations be extended to staff in their continuing work to improve Waterworks operations, safety and efficiencies.

 

 

(13)      VARLEY ART GALLERY REVISED COLLECTIONS POLICY (6.12)

            Report   1   2   3

 

That the report entitled Varley Art Gallery Revised Collections Policy be received;

 

And that Council approve the revised Art Collection Policy as recommended by the Varley-McKay Art Foundation Board on June 27, 2005.

 

 

(14)      EVALUATION OF HOUSEHOLD FOOD WASTE
            DISPOSERS AND THEIR EFFECTS ON THE MUNICIPAL
            SANITARY SEWERS (5.5)

            Report

 

That the report entitled Evaluation of Household Food Waste Disposers and their Effects on the Municipal Sanitary Sewers be received;

 

And that shredding residential organic waste and disposal of such waste in the municipal sanitary sewers with food waste disposers continue to be banned in the Town of Markham as per existing By-Law No. 436-86 Section 6;

 

And that a communications plan be prepared providing information to residents regarding By-Law No. 436-86 Section 6 (Sewer Use By-Law), which bans the use of domestic food waste disposers (FWD’s & garbarators);

 

And that the Town Solicitor meet with local retailers to discuss the Town’s concerns regarding the sale of FWD’s & garbarators, and to suggest that signs indicating that FWD’s are “not permitted in Markham” be placed in the stores;

 

And that a copy of the November 11, 2005 staff report entitled: “Evaluation of Household Food Waste Disposers and their Effects on the Municipal Sanitary Sewers” be sent to the Region of York for their information; and to determine if their “Water For Tomorrow” program is still operating; and to request that the Region request all other municipalities within York to pass a similar by-law.

 

(15)      MILNE PARK REPORT (6.3)

            Report   1   2

 

That this report be received as information;

 

And that the existing Violence and Vandalism and Unacceptable Behaviours procedure for Recreation and Culture be adopted for Parks operation (as outlined in Appendix B attached to the staff report);

 

And that staff continue to implement improvements at Milne Park to encourage appropriate behaviour in the park.

 

 

(16)      ASSOCIATION OF MUNICIPAL MANAGERS, CLERKS
            AND TREASURERS OF ONTARIO (AMCTO) – BILL 123
            TRANSPARENCY IN PUBLIC MATTERS ACT, 2005 (13.12.1 & 16.0)

 

That the letter dated October 18, 2005, from AMCTO requesting support that municipalities should be removed from the list of public bodies subject to Bill 123, and that any openness and transparency issues that the Province wants addressed for municipalities should be addressed through the Municipal Act review be received and endorsed and referred to the Town Clerk for report.

 

 

(17)      CORPORATION OF THE TOWNSHIP OF
            TERRACE BAY RESOLUTION WITH RESPECT TO
            PREPARATION FOR INFLUENZA OUTBREAK (13.5.2)

 

That the letter dated October 24, 2005, from the Township of Terrace Bay requesting support of a resolution requesting the Minister of Community Safety and Correctional Services to ensure that providers and the public are informed about the pandemic and how to help protect themselves, and also to identify and implement a system for the provision of critical medical supplies be received and endorsed.

 

 

(18)      RESOLUTION FROM MARKHAM
            ACCESSIBILITY COMMITTEE - JUNE 15, 2005 (16.9)

 

That Council adopt the following resolution arising from the June 15, 2005 meeting of the Markham Accessibility Committee”

 

“THE TOWN OF MARKHAM ACCESSIBILITY COMMITTEE RECOMMENDS:

 

WHEREAS, a number of Accessibility Committees in the Region of York have a staff representative assigned to the committee;

 

AND WHEREAS, the presence of a staff person assists with the smooth flow of information between the Accessibility Committee and Town staff/Council;

 

BE IT RESOLVED THAT the Town of Markham be requested to provide a representative from Town staff to act as a conduit in taking items and information from the Accessibility Committee to the appropriate staff or Council.”

 

 

(19)      OTHER COMMITTEE PROCEEDINGS
            - MINUTES OF GENERAL COMMITTEE MEETING
             - NOVEMBER 7, 2005 (16.0) 

 

That the General Committee minutes dated November 7, 2005 be received.

 

CARRIED

 

 

 

5(b)      REPORT NO. 37 - DEVELOPMENT SERVICES COMMITTEE

 

Council consented to separate Clauses (1) & (4).

 

Moved by Councillor D. Horchik

Seconded by Councillor K. Usman

 

That Report No. 37 - Development Services Committee be received and adopted.

 

November 8, 2005

 

(1)        HERITAGE MARKHAM COMMITTEE MINUTES
ITEM # 15 – MARKHAM TRAIN STATION (16.11)

            Extract

 

That the extract of Item # 15 from the minutes of the October 12, 2005 meeting of the Heritage Markham Committee, regarding the kiosk at the Markham Train Station at 214 Main Street, be received;

 

And that the recommendation of the Heritage Markham Committee be endorsed;

 

And that the CAO contact the General Manager of GO Transit, to convey the strong concerns of Council on this issue;

 

And that the verbal update by the Commissioner of Development Services thanking the CAO for his successful efforts, be received;

 

And that, following the efforts of the CAO, if necessary, the Town of Markham send a letter to the Chair of GO Transit outlining Heritage Markham’s concerns:

1.         There was no consultation with any of Markham’s community groups prior to installation of the kiosk or with Town Staff;

2.         There was no discussion with respect to the most suitable location for the kiosk;

3.         Internally illuminated panels are not permitted in a heritage area;

4.         The Committee is concerned that advertising may be placed on the large expanse on the sides of the kiosk;

 

And further that a copy of the letter be forwarded to Mr. Tony Wong, M.P.P. for Markham.

 

CARRIED AS AMENDED

(See following motion to amend)

 

            Moved by Councillor D. Horchik

            Seconded by Councillor K. Usman

 

            That Clause (1) be amended to add the following as paragraph 4:

 

            "And that the verbal update by the Commissioner of Development Services thanking the CAO for his successful efforts, be received;"

 

CARRIED

 

 

(2)        COMMERCIAL FAÇADE IMPROVEMENT GRANT PROGRAM
            COMMERCIAL SIGNAGE REPLACEMENT GRANT PROGRAM
            APPLICATIONS FOR 2004-2005 (16.11)

            Report

 

That Council approve the following applications for Commercial Façade Improvement Grants in the following amounts subject to the applicants obtaining the necessary approvals, entering into a Grant Agreement with the Town, and subject to the noted conditions:

 

• 96 Main Street North, Markham Village (subject to submission of a second quote), Grant Amount: $3,200 (or 50% of lowest quote);
• 116 Main Street North, Markham Village (subject to staff confirming the heritage status of the windows to be replaced). Grant Amount: $10,259;
• 40-44 Main Street North, Markham Village (subject to shingles being used and not shakes), Grant Amount: $15,000;
• 48 Washington Street, Markham Village, Grant Amount: $4,280;
• 114 Main Street North, Markham Village (subject to revision to the storefront pilasters), Grant Amount: $11,341;
• 124 Main Street North, Markham Village (notwithstanding the work has been initiated), Grant Amount: $7,490;


• 69 Main Street North, Markham Village (subject to submission of a second quote for storm windows), Grant Amount: $4,763 (or 50% of lowest quote);

·        165 Main Street North, Markham Village (notwithstanding the work has been initiated), Grant Amount: $15,000

 

And that Council approve the following application for a Signage Replacement Grant in the following amount subject to the applicant obtaining the necessary approvals:

 

·        114 Main Street North, Markham Village, $848

 

And that  the Mayor and Clerk be authorized to execute a Façade Easement Agreement with property owners who receive a grant of $5,000 or more, and any other documents required to give effect thereto, in a form satisfactory to the Town Solicitor;

 

And that the programs be funded through the following Development Services Planning Capital Accounts: Façade Improvement Program (80-5350-3510-005), Sign Replacement Program (80-5350-3511-005) and Façade Improvement/Sign Replacement Program (80-6150-6633-005).

 

 

(3)        BUR OAK AVENUE/HIGHWAY 7 UNDERGROUND
            CROSSING AGREEMENT WITH THE MINISTRY OF
            TRANSPORTATION IN THE CORNELL COMMUNITY AND
            AGREEMENT WITH THE CORNELL DEVELOPERS GROUP (10.0)

            Report

 

That the November 8, 2005 report entitled “Bur Oak Avenue/Highway 7 Underground Crossing Agreement with the Ministry of Transportation in the Cornell Community and Agreement with the Cornell Developers Group” be received;

 

And that the Mayor and Clerk be authorized to execute an agreement to allow for the construction of the storm and sanitary sewers and watermain across the Ministry of Transportation Hwy # 7 right-of-way at Bur Oak Avenue in the Cornell Community subject to the conditions being satisfactory to the C.A.O., the Director of Engineering and the Town Solicitor;

 

And that the Mayor and Clerk be authorized to execute an agreement with the Cornell Developers Group to secure all costs and permit requirements imposed by MTO to facilitate the construction and maintenance of the storm and sanitary sewers and watermain across the Ministry of Transportation Hwy # 7 right-of-way at Bur Oak Avenue subject to the satisfaction of the C.A.O., the Director of Engineering and the Town Solicitor;

 

And that the Minister of Transportation be requested to expedite the approval of the permit for the storm, sanitary and watermain crossings under Hwy #7 at Bur Oak Avenue.

 

(4)        SHELL CANADA LIMITED, 8510 WOODBINE AVE
            NORTHWEST CORNER OF HIGHWAY 7 AND WOODBINE AVE.
            ZONING BY-LAW AMENDMENT AND SITE PLAN APPROVAL
            TO PERMIT AN AUTOMOBILE SERVICE STATION
            (ZA 05 012130, SC 05 012130) (10.5, 10.6)

            Report

 

That the record of the Public Meeting held on August 30, 2005, regarding the application for Zoning By-law Amendment, file ZA 05 012130, submitted by Shell Canada Limited, to permit an Automobile Service Station at the northwest corner of Highway 7 and Woodbine Avenue, municipally known as 8510 Woodbine Avenue, be received;

 

And that the application to amend the zoning by-law to permit a gas station, car wash and convenience store, be approved and the implementing by-law be enacted without further notice;

 

And further that the application for site plan approval for a gas station, car wash and convenience store be endorsed with the following conditions:

 

1. That the Owner enter into a site plan agreement with the Town;

 

2. That prior to execution of the site plan agreement, the Owner shall submit final drawings, and comply with all requirements of the Town and authorized public agencies, to the satisfaction of the Commissioner of Development Services;

 

3. That the landscaping plan include intensive planting of high quality native tree and shrub species, to the satisfaction of the Town in consultation with the TRCA;

 

4. That the site plan agreement include provisions for the payment by the Owner of all applicable fees, recoveries, development charges and parkland dedications;

 

5. That the site plan approval shall lapse after a period of three years commencing on the date of the passing of the companion zoning by-law, in the event that the Owner does not enter into a site plan agreement  with the Town during that period;

 

6. That the Owner/operator of the proposed gas bar provide a full service component to assist the elderly and persons with physical disabilities or limitations in accessing the pumps without encumbrances;

 

7. That the Owner complete off-site stream and valley corridor restorative works, to the west of the subject property, to the satisfaction of the Town and the TRCA;

 

And that the site plan agreement incorporate all authorized requirements of the Region of York.

 

CARRIED AS AMENDED

(See following motion to amend)

 

            Moved by Councillor D. Horchik

            Seconded by Councillor K. Usman

 

            That Clause (4), Report No. 37 be amended to add the following paragraph:

 

            "And that the site plan agreement incorporate all authorized requirements of the Region of York."

 

CARRIED

 

 

(5)        ROSEPORT INVESTMENTS LIMITED
            250 YORKTECH DRIVE, ZONING BY-LAW AMENDMENT
            TO PERMIT 30% ACCESSORY RETAIL AND RESTAURANTS
            (ZA 05 014888) (10.5)

 

That the written submission from Gary Hudson of Darton Property Advisors and Managers Inc. representing First Markham Place, YRCC # 894, and YRCC # 902, in support of the proposed Zoning By-law amendment, File ZA 05 014888, submitted by Roseport Investments Limited, for 250 Yorktech Drive, be received;

 

And that the deputation by Eric Ng, representing First Markham Place, in support of the proposed Zoning By-law amendment, File ZA 05 014888, submitted by Roseport Investments Limited, for 250 Yorktech Drive, be received;

 

And that the Development Services Commission staff report dated August 30, 2005, entitled “Preliminary Report, Roseport Investments Limited at 250 Yorktech Drive, Zoning Amendment application to permit 30% accessory retail and restaurants, in addition to existing permitted uses and to revise parking requirements”, File Number ZA 05 014888” be received;

 

And that the record of the Public Meeting held on November 8, 2005 with respect to the proposed amendment to By-law 165-80 be received;

 

And that the application by Roseport Investments Limited to amend By-law 165-80 be approved;

 

And further that the proposed amendments be enacted without further notice.

 

 

(6)        BEHRAM & ANAHITA FAROOGH, (RADIANT WAY MONTESSORI) 
            9718 MCCOWAN ROAD, BERCZY VILLAGE COMMUNITY
            ZONING BY-LAW AMENDMENT (ZA 05 015902) (10.5)    

 

That the report from the Development Services Commission dated September 20, 2005, entitled “Applications for Zoning By-law Amendment and Site Plan Approval by Behram and Anahita Faroogh (Radiant Way Montessori) to permit a Montessori pre-school at 9718 McCowan Road, Markham” be received;

 

And that the record of the Public Meeting held on November 8, 2005 with respect to the proposed amendment to By-law 304-87, as amended, be received;

 

And that the applications by Behram and Anahita Faroogh (Radiant Way Montessori) to amend By-law 304-87, as amended, be approved;

 

And that the proposed amendment to By-law 304-87, as amended, be enacted without further notice;

 

And that prior to enactment, staff report back to Council on conveyance of valley lands and buffer lands, and on providing access through the adjacent westerly property.

 

 

(7)        BRUCE N. HUNTLEY CONTRACTING LIMITED
            ANDERSON AVENUE, EAST SIDE OF HIGHWAY 48
            ZONING BY-LAW AMENDMENT (ZA 05 006325) (10.5)

 

That the Development Services Commission report dated March 22, 2005, entitled “Preliminary Report, Application by Bruce N. Huntley Contracting, for Zoning By-law Amendment, north and south sides of Anderson Avenue, east side of Highway 48, ZA 05 006235”, be received;

 

And that the Development Services Commission report dated October 4, 2005, entitled “Supplementary Preliminary Report, Application by Bruce N. Huntley Contracting, for Zoning By-law Amendment, north and south sides of Anderson Avenue, east side of Highway 48, ZA 05 006235”, be received;

 

And that the record of the Public Meeting held on November 8, 2005 with respect to the proposed amendment to By-laws 88-76 and 177-96 be received;

 

And further that the application made by Bruce N. Huntley Contracting to amend By-laws 88-76 and 177-96, be approved;

 

And that the proposed amendment to By-laws 88-76 and 177-96, be enacted without further notice, once site plan approval has been resolved to staff’s satisfaction.

 

 

(8)        OTHER COMMITTEE PROCEEDINGS
            - MINUTES OF DEVELOPMENT SERVICES
            COMMITTEE MEETING – NOVEMBER 8, 2005 (16.0)

 

That the Development Services Committee minutes dated November 8, 2005 be received.

 

CARRIED

 

6.         MOTIONS

 

Council consented to add Motion (1).

 

(1)        WATER AND WASTEWATER CONSERVATION
            INITIATIVES (5.3)

 

Moved by Councillor E. Shapero

Seconded by Councillor K. Usman

 

That staff review and report back on conservation initiatives in the Town regarding water consumption, wastewater and grey water processing and priorities.

CARRIED

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

 

7.         COMMUNICATIONS

 

Council consented to add Communication 171-2005.

 

Moved by Councillor K. Usman

Seconded by Councillor A. Chiu

 

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

 

Referred to all Members of Council

165-2005         Liquor Licence Application - Request to complete the Alcohol and Gaming Commission Municipal Information Form for 2082009 Ontario Inc., 124 Main Street Markham (indoor). (3.21)

 

166-2005         Liquor Licence Application - Request to complete the Alcohol and Gaming Commission Municipal Information Form for Urban Lounge, 7381 Kennedy Road, Unit 105 (indoor & outdoor). (3.21)

 

167-2005         Rotary Club of Markham Sunrise - Request to close the following streets to facilitate the Markham Santa Claus Parade being held on Saturday, November 26, 2005:
- Church Street from Wootten Way North to Elm Street (8:00 a.m. to 11:00 a.m.)
- Elm Street from Church Street south to Parkway Avenue (8:00 a.m. to 11:00 a.m.)
- Parkway Avenue from Paramount Road to Main Street Markham North (8:00 a.m. to 11:00 a.m.)
- Main Street Markham North from 16th Avenue to Highway No. 7 (9:30 a.m. to 11:00 a.m.)
- Highway No. 7 from Main Street Markham North to McCowan Road (9:30 a.m. to 12:00 noon)
- McCowan Road from Highway No. 7 to Carlton Road (9:30 a.m. to 12:00 noon). (3.5.5) (By-law 2005-313)

 

168-2005         Markham Village BIA - Forwarding a request to close the following roads to facilitate the Markham Festival of Lights being held on Main Street Markham North on November 25, 2005 from 4:00 p.m. to 11:00 p.m.:
 - Main Street Markham north from Highway 7 to South of Parkway Avenue
 - Access east from Main Street Markham is closed to Centre Street & Robinson Street
 - Access west from Main Street Markham is closed to Thompson Court, Dublin Street and Robinson Street. (3.5)
(By-law 2005-314)

 

 

Referred to Commissioner of Development Services & Town Solicitor

169-2005         Ontario Municipal Board - Forwarding an amended decision for the application submitted by Box Grove Hill Developments Inc. & Box Grove North to add new Sections 7.222.3 and 7.229.2 to Amending Zoning By-law 2005-146. (13.13)

 

170-2005         Ontario Municipal Board - Forwarding a decision regarding the appeal submitted by Avant Investments Inc. (Ellington Park) for Hold removal to permit two four-storey apartments with a total of 46 units at 3856, 3864, and 3872 Highway 7.
(By-law 2005-315) (13.13)

 

 

Received and referred to Commissioner of Development Services

171-2005         Patricia Foran, Aird & Berlis - Forwarding comments with respect to the application submitted by Shell Canada Limited to permit an automobile service station at the northwest corner of Highway 7 and Woodbine Avenue, municipally known as 8510 Woodbine Avenue. (Clause 4, Report No. 37) (10.5)

 

CARRIED

 

 

 

8.         PROCLAMATION

 

(1)        PROCLAMATIONS (3.4)

 

Moved by Councillor K. Usman

Seconded by Councillor D. Horchik

 

That the following be proclaimed in the Town of Markham:

-           World AIDS Day - December 1, 2005 and World AIDS Week - November 24 to December 1, 2005

 

CARRIED

 

9.         OTHER BUSINESS

 

Moved by Councillor J. Webster

Seconded by Councillor E. Shapero

 

That Other Business (1) be received and adopted.

 

(1)        RELOCATION OF THE JOSHUA MILLER
            HOUSE TO MARKHAM HERITAGE ESTATES
            FINANCIAL CAPABILITY OF APPLICANT AND
            LOT SELECTION (16.11 & 8.7)

 

NOTICES OF PROPOSED SALE

TOWN OF MARKHAM

PROPOSED SALE OF SURPLUS REAL PROPERTY

(Pursuant to By-law 178-96)

 

That the notice of proposed sale for the Town owned lands, legally described as Lot 5, Plan 65M-2761, be confirmed.

(Committee of the Whole Motion - Nov. 15, 2005)

 

CARRIED

 

 

Moved by Councillor K. Usman

Seconded by Councillor A. Chiu

 

That Council recess to reconvene Committee of the Whole.

 

CARRIED

 

10.       BY-LAWS

 

Council consented to withdraw By-law 2005-319.

 

Moved by Councillor K. Usman

Seconded by Councillor A. Chiu

 

That By-laws 2005-311 to 2005-318 and By-laws 2005-320 and 2005-321 be given three readings and enacted.

 

Three Readings

 

BY-LAW 2005-311    A by-law to authorize the payment of rebates to persons who make contributions to candidates for an office on the Town of Markham Municipal Council for the 2006 Municipal Election and any By-election during the 2006-2009 term of Office.
(Clause 5, Report No. 36, 2005)

 

BY-LAW 2005-312    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 Services Fees and Rates).
(Clause 8, Report No. 36, 2005)

 

BY-LAW 2005-313    A by-law to authorize the temporary closing of various streets to facilitate the Markham Santa Claus Parade on November 26, 2005.
(Communications No. 167-2005)

 

BY-LAW 2005-314    A by-law to authorize the temporary closing of various streets to facilitate the Festival of Lights on November 25, 2005.
(Communications No. 168-2005)

 

BY-LAW 2005-315    A by-law to amend Zoning By-law 118-79, as amended (Avant Investments Inc. (Ellington Park) - For Hold removal to permit two four-storey apartments with a total of 46 units at 3856, 3864, and 3872 Highway 7).
(Communication No. 170-2005) (OMB Approval)

 

BY-LAW 2005-316    A by-law to amend Municipal Law Enforcement Officers Appointment By-law 2002-178 and Parking By-law 2005-188 (Update the list of Officers and Private Property Enforcement Companies)

 

BY-LAW 2005-317    A by-law to dedicate certain lands as part of the highways of the Town of Markham (Part of Block 26, Plan 65M-3488, designated as Part 2, Plan 65R-26073 - Edward Jeffreys Avenue).

 

 

BY-LAW 2005-318    A by-law to dedicate certain lands as part of the highways of the Town of Markham (Blocks 58 and 59, Plan 65M-2411 - Walford Road).

 

BY-LAW 2005-319    A by-law to provide for advance voting to be held prior to regular voting day for the 2006 Municipal Elections.
(Committee of the Whole Motion - Nov. 15, 2005)         WITHDRAWN

 

BY-LAW 2005-320    A by-law to provide for reduced hours of voting for institutions and retirement homes for the 2006 Municipal Elections.
(Committee of the Whole Motion - Nov. 15, 2005)

 

BY-LAW 2005-321    A by-law to confirm the proceedings of the Council meeting of November 15, 2005.
(Council Meeting No. 19, 2005)

 

CARRIED

 

 

 

11.       ADJOURNMENT

 

Moved by Councillor A. Chiu

Seconded by Regional Councillor J. Heath

 

That the meeting do adjourn.

 

CARRIED

 

Council adjourned at 7:49 p.m.

 

 

 

 

 

 

__________________________________            ___________________________________

SHEILA BIRRELL, TOWN CLERK                      DON COUSENS, MAYOR

(Signed)