2005-03-08
COUNCIL MINUTES Council Chamber, Civic Centre
Meeting No. 5
(Canada
Room)
COMMITTEE
OF THE WHOLE
ROLL
CALL
Mayor D.
Cousens, Deputy Mayor F. Scarpitti, Regional Councillor J. Jones, Councillor S. Daurio, Councillor E. Shapero,
Councillor J. Virgilio (5:30 p.m.), Councillor G.
McKelvey, Councillor J. Webster, Councillor D. Horchik, Councillor K. Usman,
Councillor A. Chiu. (11)
Regrets
Regional
Councillor B. O'Donnell, Regional Councillor J. Heath (2)
Moved by
Councillor A. Chiu
Seconded by Councillor
E. Shapero
That Council resolve itself into the
Committee of the Whole to discuss the following:
(1) Ruskinvale Developments Limited, 337 John Street
(10.3, 10.5)
(2) Legacy Development – Redesignate Certain
Lands (10.5)
(3) Solar Thermal District Energy
Feasibility Study (FCM) (5.0)
(4) Property Acquisition (8.6)
(5) Cathedral Secondary Plan (5.10, 8.2)
(6) Property Matter (8.7)
(7) Markham Firefighter
Arbitration Award Release (11.6)
(8) Hydro One Update (13.8)
(9) Regional Sewage Update (5.5)
(10) Kassin Cuffe (12.2.6)
(11) Presentations/Delegations to Council
Committees (16.0)
(12) Town of Markham Ward
Boundaries (9.2)
(13) Toronto Fire
Services Training Facilities (11.6)
(14) Deferred Revenues/Transfers to Reserves
(7.0)
(15) Tsunami Benefit Dinner (12.2.6)
CARRIED
The Regular
Meeting of Council was held on March 8, 2005
at 7:02 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. Jones, 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)
Regrets
Regional
Councillor B. O'Donnell, Regional Councillor J. Heath (2)
STAFF
J. Livey,
Chief Administrative Officer
J. Baird,
Commissioner of Development Services
S. Birrell,
Town Clerk
J. Carnegie,
Director, Corporate Communications
C. Conrad,
Town Solicitor
B. Cribbett,
Treasurer
B. Nanninga,
Executive Assistant
J. Sales,
Commissioner of Community & Fire Services
A. Taylor,
Commissioner of Corporate Services
P. Miller,
Manager, Secretariat Services
1. DISCLOSURE OF PECUNIARY INTEREST
Councillor J.
Virgilio disclosed an interest with respect to By-law Number 2005-53, 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 J. Webster
Seconded by
Councillor A. Chiu
That Council rise from the Committee of the
Whole and the Chairman report.
CARRIED
Mayor D.
Cousens reported the following motions passed at the Committee of the Whole meeting:
Council
consented to separate Committee of the Whole Item Number (6).
(1) RUSKINVALE DEVELOPMENTS LIMITED
337 JOHN STREET
OFFICIAL PLAN AND ZONING
BY-LAW AMENDMENTS
TO PERMIT COMMERCIAL SELF
STORAGE AND ASSOCIATED DEVELOPMENT
STANDARDS (ZA 05 006240, OP 05 006243) (10.3, 10.5) Report
That the tabled staff memorandum dated March 8, 2005 providing an
update on the Phase 2 Environmental Assessment be received;
And that the Official Plan and Zoning By-law amendment be enacted;
And that the matters outlined on the memo from the Engineering
Department, dated March 8, 2005 be addressed prior to final site plan approval;
And that site plan approval be subject to the final conclusions of the
Phase II environmental assessment report in accordance with the Ministry of the
Environment guidelines, including any necessary clean up of soils that may be
identified as exceeding the MOE guidelines;
And that, if necessary, a Record of Site Condition be filed with the
Environmental Site Registry Office of the Ministry of Environment and be
acknowledged by the Ministry of Environment in accordance with the Environmental
Protection Act, as a condition of site plan approval.
(By-laws 2005-50 & 2005-51)
(2) TOWN
INITIATED OFFICIAL PLAN AMENDMENT
TO REDESIGNATE CERTAIN LANDS
ADJACENT TO
THE LEGACY COMMUNITY FROM HIGH
DENSITY
HOUSING TO MEDIUM DENSITY
HOUSING (10.5)
That the memorandum dated March 3, 2005 from
the Commissioner of Development Services and the Director of Planning and Urban
Design providing additional information regarding the proposed Official Plan
Amendment to redesignate lands within the Legacy Community from High Density
Housing to Medium Density Housing, be received;
And that the proposed Official Plan Amendment
to redesignate lands within the Legacy Community from High Density Housing to
Medium Density Housing, be adopted.
(3) SOLAR
THERMAL DISTRICT
ENERGY FEASIBILITY STUDY (FCM)
(5.0) Presentation
That
the presentation by Bruce Ander, President, Markham District Energy Inc.,
regarding the Solar Thermal District Energy Feasibility Study, be received.
(4) ACQUISITION OF HONSBERGER LANDS
60 ELGIN STREET, THORNHILL
(8.6)
That
a by-law be enacted to authorize the Mayor and Clerk to execute an Agreement of
Purchase and Sale and any other documents necessary to give effect to this
recommendation, in a form satisfactory to the Town Solicitor, for the
acquisition of 0.5531 acres of land at 60 Elgin Street, described as Parts 4
and 7 on a Draft Reference Plan prepared by R.G. McKibbon Limited.
(By-law
2005-55)
(5) CATHEDRAL
SECONDARY PLAN
PRINCIPLES OF A WOODBINE
BY-PASS AGREEMENT (5.10 & 8.2)
That the staff
report entitled “Cathedral Secondary Plan, Principles of a Woodbine By-pass
Agreement” be received;
And that staff
be authorized to finalize negotiations with the Region of York and the
Cathedral Developers Group as to the conditions to advance the Woodbine By-pass
and report back to Council with such for consideration and approval;
And that the
Town of Markham request the Region of York to advance Stage 3 to 2009-2010 in its
schedule;
And that the
Region of York explore all options to expeditiously facilitate the acquisition
and construction.
(6) PROPERTY
MATTER (8.7)
That the
confidential report titled “Stiver Mill Building Condition Report” be received;
And that in
response to the Unsafe Building
issued by the Chief Building Official, staff be authorized to proceed with the
stabilization of the east wing of the Stiver Mill, and the dismantling of the
west wing as approved by Heritage Markham on May 10, 2000;
And that to
expedite project completion, staff be authorized to retain a qualified
contractor under the emergency purchasing provisions of Purchasing By-law
2004-341;
And that the
cost to undertake the identified scope of work and any other remedial work
necessary be expensed to an account to be specified by the Treasurer;
And that the
property be signed indicating the building has structural damage and the steps
being taken to remedy it;
And that the
above report be made public, subject to the authorization of Council;
And that staff
report back on the next steps as soon as possible.
CARRIED
(See following recorded vote) (8:3)
YEAS: Deputy
Mayor F. Scarpitti, Regional Councillor J. Jones, Councillor E. Shapero,
Councillor J. Virgilio, Councillor J. Webster, Councillor K. Usman, Councillor
A. Chiu, Mayor D. Cousens (8)
NAYS: Councillor S. Daurio, Councillor G.
McKelvey, Councillor D. Horchik (3)
ABSENT: Regional Councillor J. Heath, Regional
Councillor B. O’Donnell (2)
(7) MARKHAM FIREFIGHTER
ARBITRATION
AWARD RELEASE (11.6)
That the
report presented by the Director of Human Resources regarding the Markham
Firefighter arbitration award release be received and approved.
(8) HYDRO
ONE UPDATE (13.8)
That the
verbal update from the Town Solicitor regarding Hydro One and the transmission
corridor proposal, be received.
(9) REGIONAL
SEWAGE UPDATE (5.5)
That the
verbal update by the Deputy Mayor regarding regional sewage, be received.
(10) KASSIN CUFFE (12.2.6)
That the
report regarding Kassin Cuffe be received as information.
Moved by
Councillor J. Virgilio
Seconded by
Councillor A. Chiu
That the
Report of the Committee of the Whole be adopted, approved and confirmed.
CARRIED
3. MINUTES
(1) COUNCIL
MINUTES
- FEBRUARY 22, 2005
Moved by Councillor J. Virgilio
Seconded by Councillor A. Chiu
That the Minutes of the Council Meeting held on February
22, 2005,
be adopted.
CARIED
4. PRESENTATIONS
Council
consented to add Presentation (3).
(1) MINTLEAF
OUTDOOR SKATING RINK
PROJECT (12.2.6)
Council
recognized the following community volunteers who created and maintained the
Mintleaf Outdoor Skating Rink. This
winter project served their entire community:
Ian Blenkhorn
Liam Devlin
Michael Devlin
Michael and Maggie Ford with Justin,
Christopher and Mikayla
Jim and Kareen Hague with Matthew and Cole
Trevor Hall
Scott Lawrence
Peter Mclaughlin with Reid
Peter and Jackie McNamara with Justin and
Riley
Antony Pandikiu
Pat Tait
Paul Tigert
John Webster
Stewart Young
(2) PROVINCIAL
ISSUE (13.2)
MPP
Tony Wong addressed Council announcing that Hydro One has withdrawn its
application to upgrade its transmission line from Parkway Transmission Station
in Markham to Armitage Transmission Station in Newmarket, pending completion,
within a ten month period, of an assessment by the Ontario Power Authority.
Sue
Fusco, S.T.O.P thanked Members of Council, Mayor Cousens, the community and all
the elected officials, including MPP Wong for their support in this effort.
Council
congratulated all the residents, in particular, Sue Fusco, Richard Johnson and
Theresa Lim all of S.T.O.P. Thanked MPP
Tony Wong and the Province of Ontario; David Estrin and Jennifer Mesquita of
Gowlings Lafleur Henderson; David Richmond and Peter Faye, technical
consultants; Nancy Coldham and Don Gracey of CG Group; John Livey, Chief
Administrative Officer, Jim Baird, Commissioner of Development Services,
Catherine Conrad, Town Solicitor, Jamie Bosomworth, Manager, Strategy and
Innovation, and all Members of Council for their steadfast support.
(3) GOVERNMENT
FINANCE OFFICERS
ASSOCIATION AWARD (12.2.6)
Council
presented the Government Finance Officers Association Award for Financial
Reporting to Andy Taylor, Commissioner of Corporate Services, and Barbara
Cribbett, Treasurer.
………………………………………..
Mayor D.
Cousens vacated the Chair and Regional Councillor J. Jones assumed the Chair.
………………………………………..
………………………………………..
Deputy Mayor
F. Scarpitti withdrew from the meeting at 8:40 p.m.
………………………………………..
5. DELEGATIONS
Council
consented to add Delegations (1) to (7).
(1) Don
Hutchison, Legacy Community Ratepayers Association, thanking Council, on behalf
of the residents of the Legacy Community, for being sensitive to the concerns
of the community regarding proposed high density. (10.5) (Committee of the
Whole Item No. 2).
(2) Anthony
Fernandes, in objection to the street name Lahore Road and
the process followed and submitting a letter from Cedarwood Public School
in support of this position. (10.14) (Report No. 9, Clause (7), Item No. 24).
(3) Javed
Akbar, in support of the street name Lahore Road
(10.14) (Report No. 9, Clause (7), Item No. 24).
(4) Samuel
(Sai Ho) Lee, in objection to the street name Lahore Road and
requesting to participate in the process. (10.14) (Report No. 9, Clause (7),
Item No. 24).
(5) Alexandra
Gavalas, in objection to the street name Lahore Road
(10.14) (Report No. 9, Clause (7), Item No. 24).
(6) Kevin
Lee, in objection to the street name Lahore Road
(10.14) (Report No. 9, Clause (7), Item No. 24).
(7) Kosha
Gavalas, in objection to the street name Lahore Road
(10.14) (Report No. 9, Clause (7), Item No. 24).
………………………………………..
Regional
Councillor J. Jones vacated the Chair and Mayor D. Cousens assumed the Chair.
………………………………………..
6(a) REPORT NO. 8 - GENERAL COMMITTEE
Council
consented to separate Clauses (3) and (4).
Council
consented to add Clause (10).
Moved
by Councillor G. McKelvey
Seconded
by Councillor A. Chiu
That
Report No. 8 – General Committee be received and adopted.
February 28, 2005
(1) NEWMARKET GENERATION PROJECT (13.8)
That
the presentation of Mr. Sam Mantenuto, Chief Operating Officer, Northland
Power, regarding the Newmarket Generation Project, be received;
And that the Town of Markham supports Aurora Hydro, Newmarket
Hydro and the Town of Newmarket in their pursuit of the Northland
Power local generation project subject to a satisfactory environmental
screening process;
And that the Province of Ontario, Minister of Energy, Minister of
Environment, Ontario Power Authority, Town of Newmarket, Newmarket Hydro, the Town of Aurora, Aurora Hydro, PowerStream and
the Region of York be advised accordingly.
(2) TENDER AWARD #004-T-05 WATERMAIN REPLACEMENT
AT MARKHAM ROAD AND 16TH AVENUE (5.4)
Report
That the report entitled “Tender Award #004-T-05 Watermain Replacement
at Markham Road and 16th Avenue” be received;
And that the contract for tender #004-T-05 Watermain Replacement at Markham Road and 16th Avenue be awarded to the lowest priced
bidder, FCM Construction Ltd. In the amount of $358,973.82 exclusive of GST;
And that funds are provided for in Waterworks Department’s 2003 Capital
Budget Account # 53 6150 5145 005 Watermain Construction and Replacement in the
amount of $428,791;
And that the balance of $69,817.18 less the committed amount of
$25,975.40, leaving a remaining balance of $43,841.78, will be applied to
contingency which will be guided by the Expenditure Control Policy.
(3) TOWN OF MARKHAM RESERVE
STUDY
RECOMMENDATIONS FROM 2005
COUNCIL RETREAT (7.0) Report
That the
report dated February 28, 2005 entitled “Town
of Markham Reserve Study – Recommendations from 2005 Council Retreat” be received;
And that the
balance of the Corporate Rate Stabilization reserve be established at 15% of
the local tax revenue, $11,650,000 for 2004;
And that the
Major Capital Repairs and Replacement Reserve be renamed to an interest earning
Life Cycle Replacement and Capital Reserve Fund the purpose of which is to fund
asset life cycle replacements and other major capital investments in future
years;
And that the
balance of funds in the Corporate Rate Stabilization Reserve be transferred to
the Life Cycle Replacement and Capital Reserve Fund;
And that
future year-end operating surpluses, if any, be used first to top-up the
Corporate Rate Stabilization Reserve to a level equivalent to 15% of local tax
revenues and secondly to replenish the expenditures in the Environmental Land
Acquisition Reserve Fund, and finally transferred to the Life Cycle Replacement
and Capital Reserve Fund;
And that
should the year-end operating surplus not be sufficient to top-up the Corporate
Rate Stabilization Reserve or replenish the Environmental Land Acquisition
Reserve Fund, funding for both should be included in the following year’s
capital budget discussions;
And that the
General Capital Reserve and Planning Studies reserve be consolidated to an
interest earning “10% Non-DC Growth” Reserve Fund to be funded from the sale of
land;
And that
$500,000 of the Hydro Interest Income be used to fund the interest earning
Environment Land Acquisition Reserve Fund on an annual basis and that this practice be reviewed on an
annual basis;
And that an
interest earning Land Acquisition Reserve Fund be established to finance the
purchase of strategic land acquisitions that are non-growth and that are not
environmentally sensitive;
And that
$500,000 of the Hydro Interest Income be used to fund the interest earning Land
Acquisition Reserve Fund on an annual basis and that this practice be reviewed on an annual basis;
And that the
balance of the annual Hydro Interest Income and future Hydro Dividend Income be
used to fund the interest earning Life Cycle Replacement and Capital Reserve
Fund on an annual basis;
And that the
Hydro Equity Reserve be closed with the balance transferred to the Life Cycle
Replacement and Capital Reserve Fund;
And further
that Council consider alternate funding sources for asset Life Cycle
replacement requirements, such as debt-financing or a tax-rate increase, in
future operating budgets.
CARRIED AS AMENDED
(See following motion to amend)
Moved by Councillor G. McKelvey
Seconded by Councillor K. Usman
That Clause (3) of Report No. 8 be
amended to delete the words “… and that this practice be reviewed on an annual
basis;” from paragraphs three and five and insert them at the end of paragraphs
eight and ten.
CARRIED
(4) RECOMMENDED TOWN PROCEDURES FOR
INSPECTING
AND REGISTERING TWO UNIT
HOUSES ADDENDUM (10.7) Report 1
That the report
dated February 28, 2005, entitled “Recommended Town Procedures for Inspecting
and Registering Two Unit Houses Addendum”, be received;
And that the
revised resolution, attached to the February 28, 2005 staff report as Appendix
A (attached to original Council minutes in the Clerk’s
Office), be
approved, as follows:
“That the staff report, dated November 8,
2004, entitled “Recommended Town Procedures for Inspecting and Registering Two
Unit Houses”, be received;
And that Council approve the recommended
Town regulations for inspecting and registering “grandfathered” two unit houses
as outlined in this report, notably that:
(a) the Fire Services Department
continue to act as “Lead” Department for the inspection and registration of
“grandfathered two unit houses”;
(b) the Town’s By-law for Registration of
Two-Unit Residential Occupancies (By-law 308-97) be amended to:
- incorporate a new definition of “two unit
house” and “residential unit” consistent
with
the provincial government’s definition; and
-
require that prior to registration, every dwelling unit in a two unit house
shall be inspected to ensure that it complies with all relevant standards
determined to be applicable, as set out in the Ontario Building Code, the
Ontario Fire Code, the Fire Protection and Prevention Act, and
the applicable Zoning By-law and the
Property Standards By-law, all as amended from time to time;
(c) a new Two Unit House Declaration Form as
set out in Appendix “A” of the November
8, 2004
report be approved for use by the Building Standards
Department in qualifying “grandfathered” two unit houses;
(d) funding in the amount of $6000.00 be
approved from the Development Services Commission operating budget for
consulting services for AMANDA set-up and training support for the managers and staff assigned from Fire
Services Department, Building Standards Department, and the Clerks Department (By-law
Enforcement) to coordinate
administration of “grandfathered” two unit houses;
(e) the
procedural flowchart as set out in Appendix “B” (attached to original Council
minutes in the Clerk’s Office), of the November 8, 2004 report be approved as a
template for an enhanced process for inspecting and registering “grandfathered”
two unit houses and enforcement of illegally established units;
(f) Corporate Communications be authorized to
publish an in-house public information sheet specifically for owners,
landlords, architects, engineers, builders, general contractors, the Toronto Real Estate Board and the local
Markham Real Estate community, for use as a guide to inspection and
registration of “grandfathered” two units houses;
And that the Commissioner of Development Services, the
Commissioner of Corporate Services and the Commissioner of Community Services
be authorized to allocate funding, from their operating budgets and/or fees
payable to the Town for inspection and registration of two unit houses, for
staff resources (including fire prevention and by-law enforcement staff) and
training support to implement the enhanced procedures, recommended in this
report;
And further that staff from the Development Services Commission
(Building Standards), Corporate Services Commission (By-law Enforcement), and
Community Services Commission (Fire Services), be directed to implement the
actions outlined in this report and provide a status report on the delivery of
enhanced procedural changes for “grandfathered” two unit houses to the
Development Services Committee in six months time or as otherwise determined by
the CAO and Commissioners.”
CARRIED
(5) HOLLINGHAM ROAD PARKING PROHIBITION
(5.12.4)
Report By-law Map
That
Schedule 2 of Parking By-law 336-88, pertaining
to “Parking for a Restricted Period” be amended to remove the east side of
Hollingham Road, from Apple Creek Boulevard to Nadine Crescent;
And
that Schedule 2 of Parking By-law 336-88 pertaining to “Parking for a Restricted
Period” be amended to include the east side of Hollingham Road, from a point 60
metres north of Apple Creek Boulevard to Nadine Crescent;
And
that Schedule 1 of Parking By-law 336-88 pertaining to “Prohibited Parking” be
amended to include the east side of Hollingham Road, from Apple Creek Boulevard
to a point 60 metres north of Apple Creek Boulevard;
And
that the necessary By-laws be approved;
And
that the Operations and Asset Management Department be directed to install the
appropriate signs upon approval of the by-laws;
And
that the Parking Control Department be directed to enforce the by-laws.
(By-law
2005-41)
(6) SALT MANAGEMENT PLAN REVIEW (5.10) Report
That the report entitled “Salt Management Plan Review”, as prepared by
the General Manager, Operations, dated February 28, 2005, be received and
approved;
And that staff be directed to execute the 2005 Implementation Plan, and
all associated costs be paid from 2005 Capital Budget, account number
050-6150-6620-005 ($50,000);
And that staff submit a copy of this report to Environment Canada to
confirm that the Town of Markham has prepared a salt management plan
in accordance with the Code of Practice for the Environmental Management of
Road Salts, published April 3, 2004.
(7) ACADIA AVENUE PARKING PROHIBITION
AND LEFT TURN LANE
(5.12.4) Report By-law Map
That Schedule 1 of Parking By-law 336-88, be amended to remove the
existing “Parking Prohibition” on the inside curve of Acadia Avenue, from 45.0
metres north of the northern property line of #3700 Steeles Avenue East to the
shared property line of #80 and #100 Acadia Avenue;
And that Schedule 1 of Parking By-law 336-88 be amended to include:
(1) a “Parking Prohibition” on the inside curve of Acadia Avenue,
from a point 25.0 metres north of the northern property line of #3700 Steeles
Avenue East to a point 30.0 metres west of the shared property line of #80 and
#100 Acadia Avenue;
(2) a “Parking Prohibition” on the outside curve of Acadia
Avenue, from a point 25.0 metres north of the northern property line of #3700
Steeles Avenue East to a point 30.0 metres west of the shared property line of
#80 and #100 Acadia Avenue;
And that the necessary by-law be approved;
And that the Operations and Asset Management Department be directed to
install the appropriate signs and pavement markings upon approval of the
by-laws;
And that the Parking Control Department be directed to enforce the
by-laws.
(By-law
2005-42)
(8) TOWN OF MARKHAM
10 YEAR CAPITAL INFRASTRUCTURE
PROGRAM (5.10 & 7.5) Report
That
the staff report entitled “Town of Markham 10 Year Capital Infrastructure
Program, (2005-2015)” be received;
And
that the 10 Year Capital Program for roads, bridges, sidewalks and illumination
projects be endorsed;
And
that the Director of Engineering with the assistance of the Manager of
Purchasing be authorized to negotiate an appropriate fee and retain Aquafor
Beech Ltd. as a preferred supplier to prepare a 10 year implementation plan for
the environmental projects in the 2004 Development Charges Background Study;
And
that the Town Solicitor be authorized to retain, on a contract basis, a staff
person or consultant to negotiate and finalize property acquisitions necessary to
implement the Engineering Departments 10 Year Capital Program;
And
that the cost of the Legal Department contract staff or consultant be assessed
to the various capital projects under the Engineering Department Capital
Budget;
And
that if staff cannot secure consultant services for the design of sidewalk and
illumination projects at a competitive price through the purchasing by-law
process then the Director of Engineering with the assistance of the Manager of
Purchasing be authorized to negotiate consultant services on a preferred
supplier basis;
And
that Mr. Keith Bray, Markham Board of Trade, Ms. A Yip, Scarborough/York
Chinese Business Association, and Mr. K. Schipper, Commissioner of Works,
Region of York, be advised accordingly.
(9) VIVA PHASE 1 (QUICK START)
SIGNAL MAINTENANCE AGREEMENT
(5.14 & 8.2) Report
That subject to the satisfaction of the Town Solicitor and the Director
of Operations and Asset Management, the Director of Engineering be authorized
to sign the agreement with the Region of York for the maintenance and operation
of the following six (6) (three (3) existing, three (3) future) traffic signals
where transit signal priority is required for the Viva Phase 1 (Quick Start)
project:
·
Denison Road/Hood Avenue (existing)
·
Denison Road/Victoria Park (existing)
·
Esna Park Drive/IBM (existing)
·
South Town Centre Boulevard/Clegg
Road (future)
·
Enterprise Boulevard/N-S Link (future)
·
N-S Link/Helen Avenue (future)
(10) TENDER AWARD 010-T-05 – RESTORATION
OF
CONCRETE CURB AND SIDEWALK
(7.12.2) Report
That
the report for 010-T05 Restoration of Concrete Curb & Sidewalk be received;
And that tender 010-T-05 for Restoration of Concrete Curb & Sidewalk be
awarded to the lowest priced and acceptable bidder, Vidome Construction Ltd. in
their unit prices for an estimated annual amount of $1,622,000.00 exclusive of
GST. The duration of the contract is for
the 2005 calendar year with an option to extend the contract for an additional
two years at the 2005 itemized prices subject to performance of the contractor
and at the sole discretion of the Town;
And that the Director of Operations and Asset Management and the Director of
Financial & Client Services be authorized to extend the contract for an
additional two years;
And further that this project be funded from the Operations and Engineering
Departments Capital Accounts 050 6150 6228 005 (Asphalt Resurfacing Program),
050 6150 6222 005 (Secondary Roadworks), 050 6150 6607 005 (Asphalt Resurfacing
Program), 050 6150 6621 005 (Secondary Roadworks), 050 5350 6626 005 (New
Sidewalk Construction), 081 5350 6391 005(Heritage Estates) and 083 6150 6753
005 (Sidewalk Requests).
CARRIED AS AMENDED
(11) OTHER COMMITTEE PROCEEDINGS
- MINUTES OF GENERAL COMMITTEE
MEETING
- FEBRUARY 28, 2005 (16.0)
6(b) REPORT NO. 9 - DEVELOPMENT SERVICES
COMMITTEE
Council
consented to separate Clause (7), Item No. 24.
Moved
by Councillor G. McKelvey
Seconded
by Councillor J. Virgilio
That
Report No. 9 – Development Services Committee be received and adopted.
March 1, 2005
(1) ANGUS
GLEN GOLF CLUB 10TH ANNIVERSARY
COLLECTOR’S
EDITION JOURNAL (10.16) Report
That the
report entitled “Angus Glen Golf Club 10th Anniversary Collector’s
Edition Journal” be received;
And that the
Town authorize the Economic Development Department to participate as a sponsor
in the journal up to a maximum of $5,000 from Account # 610-998-5808, and to
work with the Corporate Communications Department to create a congratulatory
message from the Mayor and Council and a Town profile for the Journal.
(2) PREPARATION
OF A TOWN-WIDE PATHWAYS
AND TRAILS MASTER PLAN (6.3) Report
That the report to Development Services Committee dated March 1, 2005 entitled “Preparation of a Town-wide Pathways
and Trails Master Plan” be received;
And that Council endorse the use of the balance of funds, in the amount
of $69,106, in Planning and Urban Design’s Capital Account #59-5350-2525-005
(formerly a Parks Construction and Maintenance account for pathway link
construction) for the purpose of creating a “Town-wide Pathways and Trails
Master Plan”;
And that, Council approve the retention of a consultant in accordance
with Purchasing By-law 2004-341 to develop a “Town-wide Pathways and Trails
Master Plan” and that funding be provided from Planning and Urban Design’s
Capital Account #59-5350-2525-005, “Pathways”;
And that the Cycling and Pedestrian Advisory
Committee be consulted in the process of developing the “Town-wide Pathways and
Trails Master Plan”;
And further that, staff provide regular updates to Development Services
Committee on the progress of the “Town-wide Pathways and Trails Master Plan”.
(3) R. CORONA PROPERTIES CORPORATION
4491 HIGHWAY 7 EAST, SOUTH
EAST CORNER OF
HIGHWAY 7 EAST AND MAIN STREET
UNIONVILLE
ZONING BY-LAW AMENDMENT TO
PERMIT ADDITIONAL USES
(ZA 04 026009)(10.5) Report
That the staff report entitled
“Recommendation Report: 4491 Highway 7 East (R. Corona Properties
Corporation) South east corner of Highway 7 East and Main Street Unionville;
Application for zoning amendment to permit additional uses, Concession 5, Part
Lot 10, 64R-3604 Part 1 (ZA 04 026009)” be received;
And that the
zoning by-law amendment application (ZA 04 026009) to amend By-law 122-72 as
amended, submitted by R. Corona Properties Corporation to permit additional
uses on the lands municipally known as 4491 Highway 7 East be approved and the
draft Zoning By-law, be finalized and enacted.
(By-law 2005-43)
(4) BUSINESS CORRIDOR AREA
OFFICIAL PLAN AMENDMENT
(M1.491) (10.3) Report
That the staff
report entitled “Business Corridor Area Official Plan Amendment (M1.491)” dated
March
1, 2005, be received;
And that the
draft Official Plan amendment, revised as outlined in the report, be
recommended to Council for adoption.
(By-law
2005-44)
(5) ROMANDALE
FARMS/404 DEVELOPMENT INC.
10350 WOODBINE AVENUE
ZONING BY-LAW AMENDMENT TO
PERMIT YARD
ENCROACHMENTS FOR LANDINGS,
STAIRS SERVING LANDINGS,
AND COLD CELLARS UNDER
LANDINGS WITHIN THE
CATHEDRAL TOWN PHASE 1
SUBDIVISION (ZA 04 027291) (10.5)
That the written submission from Tara Clayton
of York Region, in support of the zoning by-law amendment File ZA 04 027291,
submitted by Romandale Farms/404 Development Inc., be received;
And that the Development Services Commission information report dated
January 25, 2005, entitled “Preliminary Report – Application by Romandale
Farms/404 Development Inc, for a Zoning By-law Amendment to permit yard
encroachments for landings, stairs serving landings, and cold cellars under
landings within the Cathedral Town Phase I Subdivision at 10350 Woodbine Avenue
(File ZA 04 027291)” be received;
And that the Record of the Public Meeting held on March 1, 2005, with
respect to the application by Romandale Farms/404 Development Inc. for a zoning
by-law amendment, be received;
And further that the draft amendment to By-law 177-96 be referred to
Council for approval.
(6) PALMA
CARONA, 165 LANGSTAFF ROAD EAST
ZONING BY-LAW AMENDMENT TO
REMOVE THE
‘H’ PROVISION TO PERMIT
RECONSTRUCTION OF A
BUILDING DESTROYED BY FIRE (ZA
04 026487) (10.5)
That the written submission from Tara Clayton of York Region, in support,
and from Brian Constans of Cosini Properties Inc., in objection to the zoning
by-law amendment File ZA 04 026487, submitted by Palma Carona, be received;
And that the Development Services Commission information report dated
January 25, 2005, entitled “Preliminary Report – Application by Palma Carona
for Zoning By-law Amendment to remove the ‘H’ provision to permit
reconstruction of a building destroyed by fire at 165 Langstaff Road East File
No. ZA 04 026487” be received;
And that the Record of the Public Meeting held on March 1, 2005, with
respect to the application by Palma Carona for zoning by-law amendments, be
received;
And further that the draft amendment to By-law 2551 be referred to Council
for approval.
(7) OTHER COMMITTEE PROCEEDINGS
- MINUTES OF DEVELOPMENT
SERVICES
COMMITTEE MEETING – MARCH 1,
2005 (16.0)
Moved by Councillor K. Usman
“That the matter of the street name Lahore Road be
deferred and referred to staff to investigate solutions;
And that
the residents who addressed Committee this date be notified when the matter comes
forward for consideration.”
CARRIED
7. MOTIONS
Council
consented to add Motion (1).
(1) HYDRO
ONE (13.8)
That the comments of MPP Tony Wong regarding
the fact that Hydro One has withdrawn its
application to upgrade its transmission line from Parkway Transmission Station
in Markham to Armitage Transmission Station in Newmarket, pending completion,
within a ten month period, of an assessment by the Ontario Power Authority be received;
And
that the comments of Sue Fusco, S.T.O.P., thanking Members of Council, Mayor
Cousens, the community and all the elected officials, including MPP Wong, for
their support in this effort, be received;
And
that congratulations be extended to all the residents involved, in particular,
Sue Fusco, Richard Johnson and Theresa Lim of S.T.O.P.;
And
that thanks be extended to MPP Tony Wong and the Province of Ontario; David
Estrin and Jennifer Mesquita of Gowlings Lafleur Henderson; David Richmond and
Peter Faye, technical consultants; Nancy Coldham and Don Gracey of CG Group;
John Livey, Chief Administrative Officer, Jim Baird, Commissioner of
Development Services, Catherine Conrad, Town Solicitor, Jamie Bosomworth,
Manager, Strategy and Innovation, and all Members of Council for their
steadfast support.
CARRIED
(2/3rds vote to consider was required and
obtained)
8. COMMUNICATIONS
Council
consented to add Communications 37-2005 and 38-2005.
Moved by
Councillor A. Chiu
Seconded by
Councillor K. Usman
That Council
receive and consent to the disposition of communications in the following
manner:
Received
29-2005 Town
of Georgina - Forwarding a resolution with respect to the Town of Georgina
withholding Regional pooling costs to the City of Toronto and requesting
support with respect thereto. (13.5.1)
30-2005 City
of Vaughan - Forwarding a resolution in support of the resolution of the Town
of Richmond Hill with respect to pooling costs in the Greater Toronto Area. (13.5.1)
31-2005 County
of Dufferin – Forwarding a request for support of their resolution requesting
the Minister of Finance and the Minister of Transportation to develop a new
formula for the gasoline tax rebate based on a per lane kilometre of roadway
and for both but and rail transit systems on a per route kilometre basis. (7.0)
Referred to all Members of Council
32-2005 Canada
Day Celebrations - A request to close the following roads to facilitate the
Canada Day Celebrations being held at Milne Park on July 1, 2005:
- McCowan Road from Bullock Drive to South Unionville Drive from 3:00 p.m. to
4:30 p.m.
- McCowan Road from Highway 7 to South Unionville Drive from 8:30 p.m. to 11:30
p.m. (3.5)
(By-law 2005-45)
37-2005 Aird
& Berlis LLP – Forwarding, on behalf of Loblaw Properties Limited, comments
with respect to the proposed Business Corridor Area Official Plan Amendment No.
132. (10.3) (Clause 4, Report No. 9) (By-law 2005-44)
Referred to Commissioner of
Development Services & Town Solicitor
33-2005 Ontario
Municipal Board - Acknowledging receipt of an appeal submitted by 973125
Ontario Ltd. regarding a Draft Plan of Subdivision No. 19TM-04006 at 9250
Warden Avenue. (13.13, 10.5 & 10.7)
34-2005 Ontario
Municipal Board – Advising of the adjournment of the hearing to March 30, 2005
for an appeal submitted by Avant Investments Inc, 3856, 3864 and 3872 Highway
7, northeast corner of Verclair Gate and Highway 7. (13.13)
Referred to Town Clerk
35-2005 Markham
Rotary Sunrise – Forwarding a request for financial support, services in kind,
and exemptions from the Noise By-law and the Sign By-law with respect to the
annual Ribfest event to be held on July 9-11, 2005 at Markham Fairgrounds. (2.10)
Referred to Rapid Response
Committee
36-2005 County
of Oxford - Forwarding a resolution regarding providing assistance to the
countries of South Asia devastated by the tsunami and requesting support with respect
thereto. (13.5.1)
Referred to the Commissioner of Community and Fire
Services
38-2005 Greensborough
Public School – Forwarding a request to hold a “Walkathon” and barbeque at Milne Park on Saturday,
May 28, 2005.
(12.2.6)
CARRIED
9. PROCLAMATION
(1) PROCLAMATIONS
(3.4)
Moved by
Councillor K. Usman
Seconded by
Councillor J. Webster
That the
following be proclaimed in the Town of Markham:
- Learning
Disabilities Awareness Month - March 2005
- Kids Help
Phone Week - March 14 to 20, 2005
- National
Volunteer Week - April 17 to 23, 2005
- Philippine
Week - June 12 to 19, 2005
And that the Corporate Communications
Department be requested to publish the proclamation of the 'Kids Help Phone
Week' in the Markham Economist and Sun;
And that a
Flag-Raising Ceremony for Philippine Week be held at the Markham Civic Centre
to jointly raise the Canadian and Philippine flags on Sunday, June 12, 2005 at 10:00
a.m.;
And that the
Philippine flag be raised on the Town of Markham Civic Centre flagpole for the duration of Philippine Week.
CARRIED
Moved by
Councillor K. Usman
Seconded by
Councillor A. Chiu
That Council
recess into Committee of the Whole.
CARRIED
Council
reconvened at the hour of 9:20 p.m.
2. REPORT OF THE COMMITTEE OF THE WHOLE
Moved by
Councillor J. Webster
Seconded by
Councillor A. Chiu
That Council rise from the Committee of the
Whole and the Chairman report.
CARRIED
Mayor D. Cousens
reported the following motions passed at the Committee of the Whole meeting:
(11) PRESENTATIONS/DELEGATIONS
(16.0) Presentation
That the
presentation by the Town Clerk with respect to presentations and delegations at
General Committee meetings, be received;
And that all external
delegations to General Committee be heard at 9:30 a.m.
(12) TOWN
OF MARKHAM WARD BOUNDARIES (9.2) Presentation
That the
presentation by the Town Clerk providing ward boundary options, be received;
And that
Option A and Option B as presented by the Clerk be taken to Public Meeting to
obtain public input.
(13) USE
OF TORONTO FIRE SERVICES
TRAINING FACILITIES
(11.6) Report
That Council authorize the Mayor and Clerk to sign a Permission,
Release, Covenant and Indemnification to the City of Toronto and the Toronto
Fire Services respecting the use of Toronto Fire Services training facilities
for training exercises by Town of Markham firefighters, in a form satisfactory
to the Town Solicitor.
(14) DEFERRED REVENUE/TRANSFERS
TO RESERVES (7.0) Report
That the
balance of $4,080,769 in the Building Permit
Deferred Revenues be transferred as surplus into the Corporate Rate
Stabilization Reserve;
And that the
balance of $3,752,859 in the Engineering Deferred Revenues account be
transferred as surplus into the Corporate Rate Stabilization Reserve;
And
that the balance of $570,740 in the Design Fees Deferred Revenues account be
transferred as surplus into the Corporate Rate Stabilization Reserve;
And that the
balance of $433,738 in the Planning Fees Deferred Revenues account be
transferred as surplus into the Corporate Rate Stabilization Reserve.
(15) TSUNAMI
BENEFIT DINNER (12.2.6) Report
That the
report dated March 8,2005 entitled “Tsunami Benefit Dinner” be
received;
And that staff
be authorized to partner with Unique Catering for a benefit dinner on April 23,2005 in support of the Tsunami relief for the St. Joseph’s Girls
Home in the town of Trincomalee, Sri Lanka;
And further that the costs incurred for providing facilities be
contained within the existing Town operating budget;
And that members of the Race Relations Committee be requested to
participate.
CARRIED
10. BY-LAWS
Council
consented to separate By-laws 2005-46, 2005-47 and 2005-53.
Moved by Councillor
K. Usman
Seconded by
Councillor A. Chiu
That By-laws
2005-41 to 2005-56 be given three readings and enacted.
Three Readings
BY-LAW 2005-41 A by-law to amend Parking by-law 336-88 (Hollingham Road
parking prohibition).
(Clause 5, Report No. 8, 2005
BY-LAW 2005-42 A by-law to amend Parking By-law 336-88 (Acadia Avenue parking
prohibition).
(Clause 7, Report No. 8, 2005)
BY-LAW 2005-43 A by-law to amend Zoning By-law 122-72, as amended (R. Corona
Properties Corporation, 4491 Highway 7 East - To expand the list of permitted
uses).
(Clause 3, Report No. 9, 2005)
BY-LAW 2005-44 A by-law to adopt Official Plan Amendment No. 132 (Business
Corridor Area designation).
(Clause 4, Report No. 9, 2005)
BY-LAW 2005-45 A by-law to authorize the temporary closing of McCowan Road on
July 1, 2005 (Canada Day Celebrations at Milne Park).
(Communication No. 32-2005).
BY-LAW 2005-46 A by-law to amend Zoning By-law 304-87, as amended (Bayview
Country Club, 25 Fairway Heights Drive - To delete the subject lands from
By-law 304-87, as amended, so that they may be incorporated into By-law 1767,
as amended, to permit the development of a new maintenance facility for the
Club).
(Clause 3, Report No. 7, 2005)
CARRIED
BY-LAW 2005-47 A by-law to amend Zoning By-law 1767, as amended (Bayview
Country Club, 25 Fairway Heights Drive - To permit the development of a new
maintenance facility for the Club).
(Clause 3, Report No. 7, 2005) CARRIED
BY-LAW 2005-48 A by-law to amend By-law 2002-178, a by-law to appoint
Municipal Law Enforcement Officers (To revise Schedule "B").
BY-LAW 2005-49 A by-law to dedicate certain lands as part of the highways of
the Town of Markham (Part of Lot 6, Concession 5, designated as Part 2, Plan
65R-15598 - 14th Avenue (Regional Road No. 71)).
BY-LAW 2005-50 A by-law to adopt Amendment No. 133 to the Town of Markham
Official Plan (Revised 1987) as amended to incorporate Amendment No. 7 to
Secondary Plan PD 3-1 for the Thorhnill Planning District (Planning District
No. 3) (Ruskinvale Developments Limited, 337 John Street, Thornhill)
(Committee of the Whole, Item No. 4, March 8, 2005)
BY-LAW 2005-51 A by-law to amend By-law No. 77-73, as amended, to expand the
permitted uses to include a commercial self storage facility (Ruskinvale
Developments Limited, 337 John Street, Thornhill).
(Committee of the Whole, Item No. 4, March 8, 2005)
BY-LAW 2005-52 A by-law to amend Zoning By-law 177-96, as amended, (Arista
Homes, Greensborough Community, Lots 28 and 29, Plan 65M-3697 – To remove the
(H) Hold provision)
BY-LAW 2005-53 A by-law to amend Zoning By-law 177-96, as amended, (Kindwin
Markham Limited, northwest corner of William Berczy Boulevard and Olivia Drive
within the Berczy Secondary Plan – To modify the development standards to
permit the construction of 42 townhouses.
(Clause 15, Report No. 67, 2004)
CARRIED
(Councillor J. Virgilio
abstained)
BY-LAW 2005-54 A by-law to adopt Amendment No. 134 to the Town of Markham
Official Plan (Revised 1987) as amended, to incorporate Amendment No. 1 to
Secondary Plan (P 32-1) for the Rouge Northeast Planning District (Planning
District No. 32) (Legacy Community – south of Highway 407, west of Ninth Line
and north of Russell Jarvis Drive)
(Clause 17, Report No. 67, 2004)
BY-LAW 2005-55 To authorize the Mayor and Clerk to execute an Agreement of
Purchase and Sale and any other documents necessary, for the acquisition of
land described as Parts 4 and 7 on a Draft Reference Plan prepared by R.G.
McKibbon Limited.
(Committee of the Whole, Item No. 4, March 8, 2005)
BY-LAW 2005-56 A by-law to confirm the proceedings of the Council meeting of
March 8, 2005.
(Council Meeting No. 5, 2005)
CARRIED
11. ADJOURNMENT
Moved by Councillor A. Chiu
Seconded by Councillor K. Usman
That the meeting do adjourn.
CARRIED
Council adjourned at 9:25 p.m.
___________________________________ __________________________________
SHEILA BIRRELL, TOWN CLERK DON COUSENS, MAYOR
(Signed)