2004-5-25

COUNCIL MINUTES  Council Chamber, Civic Centre

 

(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, Councillor G. McKelvey, Councillor J. Webster, Councillor D. Horchik, Councillor K. Usman, Councillor A. Chiu. (11)

 

Regrets

Regional Councillor J. Heath, Regional Councillor B. O'Donnell. (2)

 

 

Moved by Councillor A. Chiu

Seconded by Councillor J. Virgilio

 

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

 

(1)        In Camera Items From Development Services Committee (May 18, 2004)
- Legal Matter - Report From Town Solicitor (10.3, 10.5)

(2)        Development Charges Update Hemson Consulting Ltd (7.11)

(3)        Municipal Elections (14.0)

(4)        2004 Advisory Committee/Board Appointments (16.24)

(5)        Licensing By-Law Public Meetings (2.22)

(6)        Keeping of Animals By-Law 182-86 Amendment (2.8)  

(7)        Consulate General of The Netherlands Sustainable Energy In Ontario -A Path Forward - Request for Sponsorship (12.2.6)

(8)        Consulate General of The Netherlands Project In Partnership - "Turby" Wind Turbine (5.7)

(9)        Taste of Asia Festival (12.2.6)

(10)      Waste Diversion Ontario (WDO) Funding (5.1)

 

CARRIED

 

The Regular Meeting of Council was held on May 25, 2004 at 7:00 p.m. in the Council Chamber, Civic Centre.  Mayor D. Cousens presided.

 

(Council Chambers)

COUNCIL

 

ROLL CALL

Mayor D. Cousens, Deputy Mayor F. Scarpitti, Regional Councillor J. 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 J. Heath, Regional Councillor B. O'Donnell. (2)

 

 

 

STAFF

J. Livey, Chief Administrative Officer

J. Baird, Commissioner of Development Services

S. Birrell, Town Clerk

C. Conrad, Town Solicitor

B. Cribbett, Treasurer

P. Loukes, Director of Operations & Asset Management

P. Miller, Manager, Secretariat Services

B. Nanninga, Executive Assistant

A. Taylor, Commissioner of Corporate Services

S. Taylor, Director, Strategic Services

 

 

 

1.         DISCLOSURE OF PECUNIARY INTEREST

 

Councillor J. Virgilio disclosed an interest with respect to By-law 2004-134, the removal of the (H) Hold provision for Valloncourt Estates Inc., 348 Steeles Avenue East and 2 Valloncliffe Road, 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 D. Horchik

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:

 

(1)        IN CAMERA ITEMS FROM DEVELOPMENT
SERVICES COMMITTEE (May 18, 2004)
- LEGAL MATTER
REPORT FROM TOWN SOLICITOR (10.3, 10.5)

 

That the report by the Town Solicitor regarding a confidential legal matter, be received for information.

 

 

(2)        DEVELOPMENT CHARGES UPDATE
            HEMSON CONSULTING LTD (7.11)

 

That the presentation by the Commissioner of Corporate Services providing additional information regarding Development Charges, be received.

 

 

(3)        MUNICIPAL ELECTIONS (14.0)   weblink 

 

That the report from the Town Clerk dated May 25, 2004 and her presentation this date, be received;

 

And that the Council of the Town of Markham petition the Province of Ontario for:

·        An improved municipal election voters’ list;

·        Amendments to The Municipal Elections Act that would require residents to provide proof of identification and qualification;

 

And that the Town Clerk participate on the Association of Municipal Managers, Clerks and Treasurers of Ontario Election Team and the subcommittee established to review the issues surrounding the problems with the voters’ list;

 

And that staff meet with Members of Council to further discuss election issues, inlcuding the Election Sign By-law;

 

And that following that meeting, staff be directed to proceed with a public meeting to receive input on the Election Sign By-Law.

 

 

(4)        2004 ADVISORY COMMITTEE/BOARD
            APPOINTMENTS (16.24)

 

Canada Day Committee

That the following person be appointed immediately to the Canada Day Committee for a term ending December 31, 2004:

 

            Adam Poon

 

Cycling and Pedestrian Advisory Committee

That the following persons be appointed immediately to the Cycling and Pedestrian Advisory Committee for a term ending November 30, 2006:

 

            Grethe Jensen

            Gerald Corbett

            David Rawcliffe

            Dwight Richardson

 

And that The Markham Conservation Committee be requested to appoint a representative to the Cycling and Pedestrian Advisory Committee;

 

And that staff be directed to place an advertisement in the Markham Economist and Sun and the Thornhill Liberal to encourage applications from interested persons to represent the Milliken Mills and Unionville areas;

 

Duffins Carruthers Watershed Resource Group

That the following Member of Council be appointed to represent the Town of Markham on the Duffins Carruthers Watershed Resource Group (Terms of Reference attached):

 

            Councillor J. Webster

 

Markham Advisory Committee on Accessibility

That the following person be appointed to the Markham Advisory Committee on Accessibility:

 

            Connie Weber.

 

 

(5)        LICENSING BY-LAW PUBLIC MEETINGS (2.22)

 

That a public meeting be scheduled for June 29, 2004 to gather input on the following Licensing By-laws:

 

            ·    Holistic Practitioners Registry By-law

            ·    Animal Licensing By-law

            ·    Special Sales

            ·    Transient Traders.

 

(6)        KEEPING OF ANIMALS
BY-LAW 182-86 AMENDMENT (2.8)   Weblink

 

That By-law 182-96, "A By-law to Prohibit the Keeping of Certain Classes of Animals and to Regulate the Keeping of Certain Other Classes of Animals in the Town of Markham" be amended by deleting Schedule "B" and substituting a revised map on the new Schedule "B";

 

And that the revised map (Schedule "B"), be received.

(By-law 2004-121)

 

 

(7)     CONSULATE GENERAL OF THE NETHERLANDS
SUSTAINABLE ENERGY IN ONTARIO -A PATH
FORWARD - REQUEST FOR SPONSORSHIP (12.2.6)  weblink

 

That Council approve a grant of $3,000.00 to sponsor a lunch or reception at the "Sustainable Energy in Ontario - A Path Forward" workshop to be held Tuesday, June 15, 2004.

 

 

(8)        CONSULATE GENERAL OF THE NETHERLANDS
            PROJECT IN PARTNERSHIP -
            "TURBY" WIND TURBINE (5.7)  weblink

 

That the report entitled Consulate General of The Netherlands Project in Partnership – “Turby” Wind Turbine be received;

 

And that staff initiate a feasibility study grant application to the Federation of Canadian Municipalities – Green Municipal Funds Program to determine the viability of a Turby wind turbine installation on a Town of Markham facility;

 

And that the feasibility study be conducted in cooperation with the Office of the Consulate General of the Netherlands, Turby b.v. and Markham Hydro Distribution Inc. or its successor, and Markham District Energy Inc.;

 

And further that staff report back to Committee and Council detailing the outcome of the grant application, and if approved, the feasibility study final report.

 

(9)        TASTE OF ASIA FESTIVAL (12.2.6)   Weblink

 

That the report from Director, Strategic Services regarding the request for special funding and in-kind services for the Taste of Asia Festival, associated costs and opportunities for the Town to support this festival, be received;

 

And that a grant in the amount of $12, 500.00 including in-kind services be approved; it being understood that 2004 will be the final year the Town will provide this level of support for this festival; and it being understood that future requests for grants for this festival will be reviewed on an ongoing basis together with all other requests for grants.

 

 

(10)      WASTE DIVERSION ONTARIO (WDO)
FUNDING (5.1)  Weblink

 

Whereas Waste Diversion Ontario (WDO) has committed to provide Ontario Municipalities with 50% funding of their blue box recycling programs starting in 2004;

 

And whereas the WDO Board of Directors has announced that all current and future municipal blue box recycling program funding payments will be made to the upper tier municipalities;

 

And whereas the Town of Markham and the Region of York currently share blue box recycling program costs;

 

And whereas the Town of Markham’s 2004 WDO funding payment based on 2002 blue box costs is approximately $700,000;

 

Therefore, the Town of Markham requests:

 

That the Region of York reimburse the Town of Markham its share of the 2004 WDO funding payment of approximately $700,000;

 

And that the Region of York in partnership with the Town of Markham negotiate a revenue sharing formula for future WDO funding and material revenues that provides a financial incentive to meet and exceed the Provincial waste diversion target of 60% by 2008;

 

And that this Report be forwarded to the Clerks of the Area Municipalities for information.

 

 

 

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 MEETING
            - MAY 11, 2004

 

Moved by Councillor A. Chiu

Seconded by Councillor K. Usman

 

That the Minutes of the Council Meeting held on May 11, 2004, be adopted.

 

CARRIED

 

 

 

4.         PRESENTATIONS

 

(1)        MARKHAM CENTRE DESIGN COMPETITION RESULTS (10.8)

 

Council separated and considered Clause (1), Report No. 31, 2004 of Development Services Committee dated May 18, 2004 regarding the Markham Centre design competition results in order that the successful proponent of the competition may be announced.

 

Council requested the envelope from the Town Clerk and announced the successful proponent:

 

            Janet Rosenberg + Associates Landscape Architects/Oleson Worland_Taylor Smyth Architects.

 

 

(2)        2004 FCM-CH2M HILL SUSTAINABLE COMMUNITY AWARD
            AND ONTARIO NATURE - FEDERATION OF
            ONTARIO NATURALISTS' AWARDS (12.2.6)

 

Ms. Brenda Hogg, Councillor, Town of Richmond Hill, and Member of the National Board of Directors, Federation of Canadian Municipalities, presented to Council the 2004 FCM-CH2M HILL Sustainable Community Award for the Official Plan Amendment: Rouge North Management Area in the water category and the Ontario Nature - Federation of Ontario Naturalists' Award.  Mr. Ralph Davidson, Representative, CH2M HILL of Toronto Office was in attendance.  Council also acknowledged Lilli Duoba, Project Coordinator, was acknowledged for her significant contribution to winning the awards.

 

(3)        AWARD OF THE LIFESAVING SOCIETY
            DAVID W. PRETTY CUP TO THE TOWN OF MARKHAM,
            AQUATIC STAFF (6.4)     Weblink

 

Council acknowledged the following Aquatic staff of the Recreation Services Department for their contributions to the Town of Markham winning the Lifesaving Society Ontario Branch's David W. Pretty Cup for the ninth consecutive year.  The cup was presented by Juanita Bueschleb, Vice-President of Training Programs, Livesaving Society:

 

            Lisa Young

            Sheri Krauss

            Susan Bennett

            Janice Carroll

            Karen Carlin

 

 

 

5.         DELEGATIONS

 

Council consented to add Delegations (1) to (4).

 

(1)        Jason Caissie - in support of the community based services at tennis clubs and in support of the establishment of the tennis club at Highgate Park (6.4) (Report 28, Clause 2).

 

(2)        John Alati - in support of the staff recommendations for the Box Grove Planning Deistrict plans of subdivision and implementing zoning by-laws (10.5, 10.7) (Report No. 31, Clause 7).

 

(3)        Tom Farrar - in support of the staff recommendations for the Box Grove Planning Deistrict plans of subdivision and implementing zoning by-laws (10.5, 10.7) (Report No. 31, Clause 7).

 

(4)        Ron and Ann Marie Waine - providing some background and reluctantly withdrawing their opposition to the deviation from the site plan at 14 Alexander Hunter Place, Heritage Estates, and indicating their acceptance of a landscape solution ((10.6) (Report No. 31, Clause 10).

 

6(a)      REPORT NO. 28 - COMMUNITY SERVICES & ENVIRONMENT COMMITTEE

 

Council consented to separate Clauses (2) and (8).

 

Moved by Councillor A. Chiu

Seconded by Councillor K. Usman

 

That the Report No. 28 - Community Services & Environment Committee be received and adopted.

 

May 10, 2004

 

(1)        SUBSURFACE UTILITY ENGINEERING (SUE) AND
            FUNDING CONTRIBUTION FROM GREATER TORONTO
            SEWER AND WATERMAIN CONTRACTORS ASSOCIATION (5.4, 5.5)
             Weblink

 

That the staff report entitled “Subsurface Utility Engineering (SUE) and Funding Contribution from Greater Toronto Sewer and Watermain Contractors Association” be received;

 

And that Chisholm Fleming and Associates be authorized to perform a full Subsurface Utility Engineering investigation for the Doncaster/Henderson Watermain Replacement project at a cost of $32,000 with a funding contribution of $16,000 from the Greater Toronto Sewer and Watermain Contractors Association and $16,000, funded from 2004 Capital Account # 53-6150-6019-005 for the project.

 

CARRIED

 

 

(2)        REQUEST TO ESTABLISH TENNIS CLUB
            AT HIGHGATE PARK (6.4)      Weblink

 

That the staff report entitled “Request To Establish Tennis Club at Highgate Park”, dated May 10, 2004, be received;

 

And that the request from the President of the Highgate Tennis Club to establish a tennis club at Highgate Park be approved, subject to the Club providing six (6) prime time hours per week for public access, free of charge;

 

And that staff review, and report back on, the public access portion of the Tennis Court Development and Maintenance Policy with a view to improving the balance between private and public access;

 

And that, prior to final approval being granted, staff be directed to review the list of those in favour of the Club and confirm that at least 75% of them are residents of Markham.

 

CARRIED AS AMENDED

(See following motion to amend)

(See following motion to defer which was Lost)

(See following motion to recess the matter)

 

 

            Moved by Deputy Mayor F. Scarpitti

            Seconded by Councillor S. Daurio

 

            That Clause (2), Report No. 28 be amended to add the following paragraph:

 

            "And that, prior to final approval being granted, staff be directed to review the list of those in favour of the Club and confirm that at least 75% of them are residents of Markham."

 

CARRIED

 

 

            Moved by Councillor K. Usman

            Seconded by Councillor A. Chiu

 

            That Clause (2), Report No. 28 be deferred and referred to the Milliken Mills Subcommittee for further consideration of how many of the persons stating their support for the tennis club are Milliken residents and report back to the June 8, 2004 Committee of the Whole on the matter.

 

LOST

 

 

            Moved by Councillor E. Shapero

            Seconded by Councillor S. Daurio

 

            That Clause (2), Report No. 28 be recessed to permit a further exchange of information.

 

CARRIED

 

 

(3)        DRIVER SAFETY RECOGNITION AND AWARD PROGRAM (3.0)  Weblink 

 

That the report dated May 10^th, 2004 entitled “Driver Safety Recognition and Award Program” be received;

 

And that approval be granted to implement the proposed enhancement of the Driver Safety Recognition and Award Program;

 

And that funding for the driver awards be absorbed in the Operations and Asset Management Department Training Budget.

 

 

(4)        INTERIOR NAMING RIGHTS POLICY (6.0)   Weblink    1     2 

 

That Council approve the updated “Naming of Facilities and Parks” policy outlined in Appendix “A” (attached to the original Council minutes kept on file in the Clerk’s Office);

 

And that adopted names be reviewed every five (5) years to determine whether they remain relevant.

 

 

(5)        2004 OUTDOOR SOCCER ALLOCATION POLICY (6.10)   Weblink    1 

 

That the report titled “2004 Outdoor Soccer Allocation Policy” be received;

 

And that Council approve the proposed Outdoor Soccer Allocation Policy (Appendix A, attached to the original Council minutes kept on file in the Clerk’s Office) for the 2004 outdoor soccer season.

 

 

(6)        UPDATE ON TOWN OF MARKHAM
            2003-2004 CLEAN AIR COMMITMENTS (5.7)   Weblink     1

 

That the staff report entitled “Update on Town of Markham 2003-2004 Clean Air Commitments”, dated May 10, 2004, be received;

 

And that Councillor E. Shapero, Chair, Clean Air Working Group, sign the 2004 Intergovernmental Declaration on Clean Air on behalf of the Town of Markham at the Toronto Smog Summit V on Monday, June 21, 2004;

 

And that the Town of Markham support and promote the Region of York’s Smog Summit Community Forum being held on June 21, 2004 at the Kortright Centre for Conservation, and provide a link to the event on the Town of Markham’s web page;

 

And that an Anti-Idling By-law be prepared and presented to Council for adoption effective January 1, 2005;

 

And that the Town of Markham adopt an internal policy limiting idling of Town owned vehicles to three minutes, effective immediately;

 

And that the Town of Markham adopt the education program attached to this report as Appendix C (attached to the original Council minutes kept on file in the Clerk’s Office), to support the Anti-Idling By-law, including hiring two students from September 2004 to January 2005 at a cost of $20,000 to implement the Anti-Idling Campaign, to be funded from the Markham Environmental Sustainability Fund;

 

And that staff continue implementing the recommended Clean Air Initiatives as outlined in this report;

 

And that staff review, and report back on, the possibility of hosting a future meeting of the Toronto Smog Summit in the Town of Markham.

 

 

(7)        ILLUMINATION REQUEST -
            11^TH LINE NORTH OF STEELES AVENUE FOR
            ZION UNITED CHURCH/7026 11^TH LINE (5.19)   Weblink

 

That the report entitled, “Illumination Request 11^th Line North of Steeles Ave. for Zion United Church/7026 11^th Line” be received;

 

And that the Construction & Utilities Department be authorized to provide a new streetlight at the above noted location at an estimated cost of $1,972.03 (incl. 8% PST +7% GST)/$1,903.44 (incl. 8% PST+3%GST);

 

And that funding for the Project be provided for in the Construction and Utilities Department’s 2004 Capital Account 51-6150-6234-005 “Illumination Requests & Upgrading” in the amount of $80,000 incl. 3%GST.

CARRIED

 

 

(8)        EXPANDED CURBSIDE RECYCLING PROGRAM (5.2)  Weblink 

 

That the report entitled “Expanded Curbside Recycling Program” be received;

 

And that the Region of York be requested to provide an expanded co-mingled recycling program designed to increase recycling diversion rates to meet Waste Diversion Ontario’s (WDO) new diversion targets and maximize future WDO funding;

 

And that the expanded co-mingled recycling program include all plastics #1 through #7, including plastic bags, aluminium trays, pie plates and foil, textiles, empty aerosol and paint cans, and polystyrene, to commence with the opening of the Region of York’s Bales Road Material Recovery Facility (MRF) in 2005;

 

And that the Region of York be requested to include bag breaking and bag removal equipment in the Bales Road MRF design so that Markham and other area municipalities have the operational flexibility to use blue bags or blue boxes for 3-stream co-mingled recycling collection;

 

And that a copy of this report be forwarded to the Clerks of the Area Municipalities, Waste Diversion Ontario and the Association of Municipalities Ontario.

 

CARRIED

 

 

(9)        BOULEVARD MAINTENANCE ON REGIONAL ROADS -
UPDATE REPORT (5.10)      Weblink

 

That the report entitled “Boulevard Maintenance on Regional Roads – Update Report” be received;

 

And that Council approve a service level modification for 2004 to reduce the number of boulevard grass cuttings on Regional Roads from 14 to 12 and to utilize the resources from the remaining two cuts to perform additional boulevard and median maintenance;

 

And further that staff prepare a report in the Fall on the status of the Regional boulevards and the impacts of this service change.

 

 

(10)      2004-2005 ICE ALLOCATION REPORT (6.1)   Weblink  1   2   3   4  5   6   7

 

That the report entitled “2004-2005 Ice Allocation Report” be received;

 

And that Council approve the ice allocation schedules (Appendix A, attached to the original Council minutes kept on file in the Clerk’s Office) for the 2004-2005 ice season;

 

And that Council approve the revised Ice Allocation Policy (Appendix B, attached to the original Council minutes kept on file in the Clerk’s Office – changes have been highlighted);

 

And that Council receive the Special Events List (Appendix C, attached to the original Council minutes kept on file in the Clerk’s Office) for the 2004-2005 ice season;

 

And that staff report back on the impact of the two (2) new Angus Glen skating rinks on the availability of public skating time within the Town.

 

(11)      REVISED VANDALISM, VIOLENCE AND
            UNACCEPTABLE BEHAVIOURS POLICY (2.1, 6.0)   Weblink   1   2   3   4

 

That the report entitled “Revised Vandalism, Violence and Unacceptable Behaviours Policy” be received;

 

And that the “Vandalism, Violence and Unacceptable Behaviours Policy” attached hereto as Appendix “A” (attached to the original Council minutes kept on file in the Clerk’s Office) be adopted by Council.

 

 

(12)      OTHER COMMITTEE PROCEEDINGS
            - MINUTES OF COMMUNITY SERVICES & ENVIRONMENT
            COMMITTEE MEETING – MAY 10, 2004 (16.0)

 

That the Community Services & Environment Committee minutes dated May 10, 2004 be received.

 

CARRIED

 

 

 

6(b)      REPORT NO. 29 - TRANSPORTATION COMMITTEE

 

Council consented to separate Clause (4).

 

Moved by Councillor A. Chiu

Seconded by Councillor D. Horchik

 

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

 

May 17, 2004

 

(1)        MARKHAM SAFE STREETS TASK
            FORCE (5.12, 16.34)  Weblink  1  2  3

 

That the May 17, 2004 report and presentation entitled “Markham Safe Streets Task Force” be received;

 

And that staff be authorized to present the draft strategy and implementation plan to the Neighbourhood Transportation Committees and public on June 14, 2004 and June 21, 2004, respectively;

 

And that staff report back with the final strategy and implementation plan at the September 27, 2004 Transportation Committee meeting;

 

And that staff be authorized to retain a marketing consultant and data collection contractor in accordance with purchasing by-laws;

 

And that funds for a Marketing Consultant, Communication Material and data collection be funded from the Engineering Department’s 2004 Capital Account #830-5399-6144-005 to a maximum of $97,000.

 

 

(2)        SCIBERRAS ROAD EXTENSION
            CLASS ENVIRONMENTAL ASSESSMENT (5.10)    Weblink

 

That the report entitled “Sciberras Road Extension Class Environmental Assessment” be received;

 

And that the preferred alternative for the Sciberras Road extension from Highway 7 to approximately 140 metres south of the Rouge River as detailed in the Environmental Study Report be endorsed;

 

And that Engineering Department staff be authorized to file the Environmental Study Report for the 30-day public review commencing May 28, 2004.

 

 

(3)        MEADOWBROOK LANE PARKING
            PROHIBITION – UPDATE (5.12.4)             Weblink    1    2

 

That Schedule 1 of Parking By-law 336-88, be amended to include a “No Parking Prohibition” on the east side of Meadowbrook Lane from Highway 7 East to the shared property line of Houses 23 and 25 Meadowbrook Lane;

 

And that the attached by-law be approved;

 

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

(By-law 2004-122)

 

CARRIED

 

 

(4)        REGION OF YORK
            2005 AND 10 YEAR CAPITAL PROGRAM (5.10, 5.14)   Weblink

 

That the staff report entitled “Region of York – 2005 and 10 Year Capital Program” dated May 17, 2004, be received;

 

And that the Region of York be requested to incorporate into their 2005 and 10 Year Capital Programs, Markham’s requirements as noted in the May 17, 2004 staff report and Council’s March 9, 2004 resolution, including the following requirements:

 

- that enhanced streetscaping be added as a new project;

- that a Highway 407 crossing on Birchmount Road be added;

- that additional Highway 404 crossings north of 16^th Avenue be added;

- that work on the York/Durham Line from Steeles Avenue to Highway 7 be deferred until 2012;

- that Steeles Avenue be widened from two (2) to four (4) lanes from Highway 48 to Ninth Line, to be completed by 2007;

 - that Steeles Avenue be widened from two (2) to four (4) lanes from Ninth Line to York/Durham Line, to be completed by 2008;

- that McCowan Road be widened from four (4) lanes to six (6) lanes from 14^th Avenue to 16^th Avenue, to be completed by 2006;

 

And that the Region of York be requested to explain and justify the need for widening 16th Avenue from Woodbine Avenue to Warden Avenue to six (6) lanes;

 

And that the Region of York be requested to prepare in consultation with area municipalities a 10 Year Program for signal and intersection improvements;

 

And that Kees Schipper, Commissioner, Transportation and Works be advised accordingly and thanked for seeking municipal input into their Capital Program;

 

And that Ms. R. Burkholder, 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.

 

CARRIED AS AMENDED

(See following motion to amend)

 

            Moved by Councillor D. Horchik

            Seconded by Deputy Mayor F. Scarpitti

 

            That Clause (4), Report No. 29 be amended to add the following as paragraph 3:

 

            "And that the Region of York be requested to explain and justify the need for widening 16th Avenue from Woodbine Avenue to Warden Avenue to six (6) lanes;"

 

CARRIED

 

(5)        MUNICIPAL SPECIAL CONSTABLES (5.12)     Weblink

 

That the report entitled “Municipal Special Constables” be received;

 

And that the Mayor, Chief Administrative Officer, Town Solicitor and the Commissioner of Corporate Services be authorized to negotiate with the York Police Services Board and the Provincial Government, if necessary, for the appointment of Special Constables (SC), and/or other enforcement measures on Town of Markham roads;

 

And that staff report back to the Transportation Committee and the Markham Safe Streets Task Force.

 

 

(6)        ANTIWHISTLING – REGIONAL AND
TORONTO ROAD INTERSECTIONS (5.13)

 

That the letter from York Region, dated April 23, 2004, advising that no further action will be taken in response to a letter from the Town of Markham, dated March 10, 2004 regarding antiwhistling at regional and Toronto road intersections, be received;

 

And that the Mayor and Regional Councillors be requested to further pursue the matter with York Region;

 

And that York Region be advised as to the budget already allocated by the Town of Markham in order to proceed with eliminating whistling at rail intersections.

 

 

(7)        OTHER COMMITTEE PROCEEDINGS
            - MINUTES OF TRANSPORTATION
            COMMITTEE MEETING – MAY 17, 2004 (16.0) 

 

That the Transportation Committee minutes dated May 17, 2004 be received.

 

CARRIED

 

6(c)      REPORT NO. 30 - FINANCE & ADMINISTRATIVE COMMITTEE

 

Moved by Councillor S. Daurio

Seconded by Councillor J. Virgilio

 

That Report No. 30 - Finance & Administrative Committee be received and adopted.

 

May 17, 2004

 

(1)        2004 MARKHAM VILLAGE BIA OPERATING BUDGET (3.11& 7.4)
Weblink    1

 

That the report entitled "2004 Markham Village B. I. A. Operating Budget" dated May 17, 2004 be received;

 

And that the 2004 Operating Budget for the Markham Village B. I. A. in the amount of $208,932 be approved.

 

 

(2)        2004 UNIONVILLE BIA OPERATING BUDGET (3.12 & 7.4)  Weblink   1

 

That the report entitled "2004 Unionville B. I. A. Operating Budget" dated May 17, 2004 be received;

 

And that the 2004 Operating Budget for the Unionville B. I. A. in the amount of $146,729 be approved.

 

 

(3)        TENDER AWARD 047-T-04 ROUTINE & EMERGENCY
SEWER/WATERMAIN REPAIRS (7.12.1 & 5.4 & 5.5)

 

That the report entitled "Tender Award - Routine & Emergency Sewer/Watermain Repairs" be received;

 

And that tender 047-T-04 Routine & Emergency Sewer/Watermain Repairs be awarded to the sole bidder, Finch Paving (1993) Inc., in their hourly operating rates totalling an estimated $1,992,646.53 inclusive of 7% GST ($1,862,286.47 inclusive of 0% GST) for a period of three years effective June 1, 2004;

 

And that the remaining expenditure for 2004, estimated at $481,041.67 inclusive of 7% GST ($449,571.65 inclusive of 0% GST) will be charged to the Waterworks 2004 Operating Accounts as listed in Appendix A, (attached to the staff report dated May 17, 2004);

 

And that the following 2005-2007 estimated costs (inclusive of 0% GST) be provided for within the respective years' budget submission for the Waterworks Department:

 

·        2005                                        $584,571.65

·        2006                                        $584,571.65

·        2007 (Jan 1 - May 31)             $243,571.52

 

And further 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 based on satisfactory performance and at the sole discretion of the Town.

 

 

(4)        2004 RELINING OF CAST IRON AND DUCTILE
IRON WATERMAINS (7.12.1 & 5.4)

 

That the report for 2004 Relining of Cast Iron & Ductile Iron Watermains be received;

 

And that tender 051-T-04 for "2004 Relining of Cast Iron & Ductile Iron Watermains" be awarded to the only acceptable bidder, Fer-Pal Construction Ltd. in the total amount of $991,305.34 inclusive of 7% GST and 8% contingency ($926,453.59 inclusive of 0% GST and 8% contingency);

 

And that the award be funded from Waterworks 2004 Capital Accounts 53-6150-6018-005 (Cement Relining of Iron Watermains) and 53-6150-6014-005 (Water System Upgrades).

 

 

(5)        101 TOWN CENTRE BOULEVARD, MARKHAM CIVIC CENTRE
LICENSE AGREEMENT - OHIP - PHOTO HEALTH CARD
REGISTRATION OUTREACH PROGRAM (12.2.6 & 8.2)     Weblink

 

That Council approve a License Agreement between the Town of Markham and Ontario Realty Corporation, as agent for Her Majesty The Queen in Right of Ontario as represented by the Chair of the Management Board, for the designated space on the lower level of the Markham Civic Centre, commencing June 1, 2004, including a Termination clause in the Agreement permitting either party to provide to the other at least 30 days written notice;

 

And that Council enact a by-law authorizing the Mayor and Clerk to execute a License Agreement between the Town of Markham and Ontario Realty Corporation, as agent for Her Majesty The Queen in Right of Ontario as represented by the Chair of the Management Board for use of the designated space on the lower level of the Markham Civic Centre, in a form satisfactory to the Town Solicitor.

(By-law 2004-123)

 

(6)        2004 TAX RATES & LEVY BY-LAW (7.3)     Weblink

 

That a by-law to provide for the levy and collection of property taxes totalling $378,593,171 required by the Town of Markham, Regional Municipality of York, Boards of Education, and to provide for the mailing of notices requesting payment of taxes for the year 2004, be approved.

(By-law 2004-124)

 

 

(7)        IMPLEMENTATION OF AUDIO STREAMING
            TECHNOLOGY IN CANADA ROOM (7.14 & 7.12)   Weblink

 

That the implementation of Internet audio streaming technology for Standing Committee Meetings being held in the Canada Room and Council Chamber be approved at a cost of $8,214 to be funded from the approved 2004 ITS Capital Budget, Account # 49-5350-6291-005.

 

 

(8)        CIVIC CENTRE AUDIO VISUAL UPGRADE
            VENDOR SELECTION  (7.14 & 7.12)    Weblink

 

That the report dated May 17th 2004 entitled "Civic Centre Audio Visual Upgrade Vendor Selection" be received;

 

And that the AV upgrade of the Council Chambers and four meeting rooms be awarded to First Vision in the amount of $392,725 including 8% PST ($27,320) and 7% GST ($23,905), as authorized by Section 27 of the Purchasing By-Law 143-2000;

 

And that funding be provided from the 2004 Capital Budget - Account Number 049-5350-6327-005, to an upset limit of $392,725 (including applicable taxes).

 

 

(9)        ADVISORY COMMITTEES (16.24)    Weblink

 

That the Arts and Culture Advisory Committee not be established as a separate advisory committee;

 

And that the Public Art Advisory Committee be established as a stand-alone advisory committee reporting to Community Services & Environment Committee;

 

And that the Beautification Advisory Committee not be established and the volunteer sub-groups continue to work on their specific events with Staff and the fence improvement projects continue through the Councillors and Staff, as required;

 

And that the Pesticides Committee continue to function with its current status, reporting to the Community Services Committee;

 

And that the composition of the Cycling Pedestrian Committee be expanded to permit up to 20 members of the public and the terms of reference be amended accordingly;

 

And that the Markham Conservation Committee receive, consider and comment on applications from the community for the Markham Environmental Sustainability Fund;

 

And that the Chair or designate of the Markham Conservation Committee be appointed to the Environmental Issues Committee to provide input when matters of the Markham Environmental Sustainability Fund are considered and the terms of reference be amended accordingly;

 

And that the Kyoto Task Force be re-named the Kyoto Task Force Committee;

 

And that approval be granted for the Advisory Committees and Subcommittees to proceed with their meetings in the absence of quorum.

 

 

(10)      PARKING CONTROL BY-LAW AMENDMENT (2.17)

 

That By-law 336-88, "A By-Law to Govern and Control the Parking of Vehicles in the Town of Markham", be amended by deleting Sections 10(3), 10(4) and 10(5) and the "Early Voluntary Payment" column of the Set Fine Schedule pertaining to voluntary payment of reduced fine amounts.

(By-law 2004-125)

 

 

(11)      KEEPING OF PIGEONS - URBAN AREA (2.8)

 

That the owner of tumbling pigeon operations at 154 Elson Street be exempted from the provisions of By-Law 182-96, "A By-Law to Prohibit the Keeping of Certain Classes of Animals and to Regulate the Keeping of Certain Other Classes of Animals in the Town of Markham", subject to:

 

            1.         Property owner entering into a written agreement with the Town that shall include the following condition: that permission pertains to the current owner only.

 

            2.         Pigeons to be housed solely on the subject property.

 

            3.         A maximum of 40 pigeons be permitted on the property.

 

            4.         All structures used to house the pigeons must meet zoning lot line set-backs, building and property standards regulations.

 

            5.         Receipt of a written commitment that flights of the pigeons be restricted to twice daily between the hours of 6:00 a.m. - 10:00 a.m., and 7:00 p.m. - 10:00 p.m.

 

            6.         Continued membership in the Brampton & Peel County Poultry, Pigeon & Pet Stock Association.

 

            7.         All pigeons must be banded with identifying leg bands issued by a club or organization.

(By-law 2004-126)

 

 

(12)      PURCHASE OF SPONSORSHIP - MARKHAVEN'S
            GALA EVENING - NOVEMBER 5, 2004 (12.2.6)   Weblink

 

That Council purchase tickets at a cost of $1,000.00 for Markhaven's Gala Evening on Friday, November 5, 2004 to be held at the Crystal Fountain Banquet Hall.

 

 

(13)      RFP 048-R-04 ENVIRONMENTAL POLICY
            REVIEW AND CONSOLIDATION (7.12 & 5.7)

 

That RFP 048-R-04 Environmental Policy Review and Consolidation be awarded to the highest ranked and fourth lowest priced consultant, Schollen & Company Inc. in their proposed amount of $64,666.69 inclusive of 7% ($60,436.16, inclusive of 0% GST on services and disbursement);

 

And that funds for RFP 048-R-04 Environmental Policy Review and Consolidation be provided from Development Services Commission 2003 Capital Budget account # 80 5399 6265 005 Environmental Planning Program;

 

And that the remaining funds of $36,663.84 will be applied to other environmental planning projects as approved.

 

 

(14)      HAGERMAN HOUSING BOARD - ARTICLES
            OF INCORPORATION/BY-LAW (16.24 & 8.0)

 

That the verbal report of the Town Solicitor regarding the Hagerman Housing Board, be received;

 

And that staff be directed to request the Hagerman Housing Board to amend By-law No. 1 to delete the clause regarding the appointment of one Member of the Council of the Town of Markham.

 

(15)      FEDERATION OF CANADIAN MUNICIPALITIES' (FCM)
            COMMUNITY ENERGY PLANNING MISSION
            AUGUST 22-28, 2004 - SWEDEN (12.2.6)

 

That the attendance of Councillor E. Shapero at the Federation of Canadian Municipalities' Community Energy Planning Mission in Sweden, August 22-28, 2004 be approved;

 

And that authorized expenses be paid in accordance with Town Policy (Council-Conferences Account #110-110-5200).

 

 

(16)      OPERA YORK - 7TH ANNUAL GALA
            OPERA WITH SWING - MAY 29, 2004 (12.2.6)

 

That the purchase of a table of ten (10) be approved at a cost of $750.00 for the Opera York 7th Annual Gala, "Opera with Swing" on May 29, 2004 in Woodbridge.

 

 

(17)      LIGHT POLLUTION BY-LAW (5.7 & 2.0)

 

That the report entitled "Light Pollution By-Law Update" be received;

 

And that Council give direction to staff to deliver Option II, managing site illumination through site plan control;

 

And that staff be requested to finalize lighting standards and site plan agreement clauses for managing site illumination;

 

And that staff be directed to circulate the staff report for public review to appropriate agencies, including the York Regional Police, for comments;

 

And that staff report back, by October, 2004, on the public education program, compliance of Town owned facilities, financial implications; the potential implementation issues of Option 1; a proposed phase in plan; ramifications of site plan agreement, subdivision agreement or by-law compliance; ICI/residential differential; grandfathering; equipment required; enforcement requirements/possible additional staff; and training requirements;

 

And that a public information meeting be scheduled, when appropriate.

 

 

(18)      OTHER COMMITTEE PROCEEDINGS
            - MINUTES OF FINANCE & ADMINISTRATIVE
            COMMITTEE MEETING – MAY 17, 2004 (16.0) 

 

That the Finance & Administrative Committee minutes dated May 17, 2004 be received.

 

CARRIED

 

6(d)      REPORT NO. 31 - DEVELOPMENT SERVICES COMMITTEE

 

Council consented to separate Clauses (1), (7) and (10).

 

Moved by Councillor G. McKelvey

Seconded by Regional Councillor J. Jones

 

That Report No. 31 - Development Services

May 18, 2004

 

(1)        MARKHAM CENTRE DESIGN COMPETITION RESULTS (10.8)

 

That the staff report to Development Services Committee entitled "Markham Centre, Amenity Feature Design Competition Results" dated May 18, 2004, be received;

 

And that the recommendations of the Design Competition Jury, as outlined in the report by the Jury Chair, regarding the winning submission, be approved;

 

And that the name(s) of the successful proponent of the winning submission be revealed at Council on May 25, 2004;

 

And that staff proceed with negotiations with the successful proponent, in accordance with the Town's Purchasing By-law, to enter into a mutually acceptable contractual agreement on fees and services to prepare appropriate presentation materials on the winning scheme. Funding for this is available in the Planning and Urban Design's Markham Centre Communications Account #081-5399-6307;

 

And further that staff report back, following consultation with the Markham Centre Steering Committee, the Markham Centre Advisory Committee, the landowner (Remington Group) and the successful proponent, on the proposed work programme, public consultation process, timelines, and funding arrangements, in order to further develop and refine the winning competition proposal and park design programme under the project management of the Town.

 

CARRIED

 

(2)        DESIGNATION UNDER PART IV OF THE ONTARIO
HERITAGE ACT, 4077 MAJOR MACKENZIE DRIVE
ELEANOR LYNN CASELY HOUSE
OWNER: ANGUS GLEN DEVELOPMENT LIMITED (16.11.3)  Weblink

 

That the “Eleanor Lynn Casely House” at 4077 Major Mackenzie Drive be approved for designation under Part IV of the Ontario Heritage Act , as recommended by Heritage Markham;

 

And that the Clerk’s Department be authorized to:

*  publish and serve Council’s Notice of Intention to Designate as per the requirements of the

    Act; and

*  prepare the Designation By-law for the property.

 

 

(3)        DESIGNATION UNDER PART IV OF THE ONTARIO
HERITAGE ACT, 8303 WARDEN AVENUE
SHERIDAN-PATERSON HOUSE, OWNER: MIRO RAK ET AL
(16.11.3)     Weblink

 

That the “Sheridan-Paterson House” at 8303 Warden Avenue be approved for designation under Part IV of the Ontario Heritage Act, as recommended by Heritage Markham;

 

And that the Clerk’s Department be authorized to:

* publish and serve Council’s Notice of Intention to Designate as per the requirements of the

   Act; and

* prepare the Designation By-law for the property.

 

 

(4)        POLICY REGARDING THE NAMING OF STREETS
WITH COUNCILLOR NAMES  (10.14)       Weblink

 

That the Development Services Committee report entitled “Policy Regarding the Naming of Streets with Councillor Names”, be received;

 

And that Council confirm the current process (adopted by Council February 25, 2003) for placing potential names on the Street Name Reserve List, as outlined in the report dated May 18, 2004;

 

And that it be acknowledged that the current policy for approving street names may include the use of the names of former Members of Council, subject to the name complying with street naming procedures and requirements, including consultation with the Region of York and the Fire Department.

 

(5)        TOWN OF MARKHAM NEW HOME
            BUYERS' GUIDE (10.0)     Weblink

 

That the Development Services Commission report dated May 18, 2004, entitled “Town of Markham New Home Buyers' Guide”, be received;

 

And that the new publication “Town of Markham New Home Buyers’ Guide” be endorsed and made available to the general public;

 

And that standard conditions of draft plan approval be revised to include a provision requiring that residential sales offices provide the guide to their clientele, with printing costs covered by developers/home builders;

 

And that similar clauses be added to subdivision, sales trailer and model home agreements to ensure effective distribution of the New Home Buyers’ Guide.

 

 

(6)        FEDERAL GREEN SPACE LANDS
            DRAFT MASTER PLAN AND IMPLEMENTATION STRATEGY (13.1) Weblink 

 

That the staff report entitled “Federal Green Space Lands – Draft Master Plan and Implementation Strategy”, dated May 18, 2004, be received;

 

And that Council commend the Federal Government for their vision, support and significant contribution to the protection of identified Rouge Park and Oak Ridges Moraine green space lands in Markham;

 

And that Council encourage Transport Canada to coordinate their buildings review with Town staff with the objective of protecting all locally significant properties located on the Green Space lands and, where feasible, protecting all heritage properties within the larger Federal holdings, which may be achieved through private ownership or other means;

 

And further that Transport Canada, the Greater Toronto Airport Authority, the Regions of York and Durham, the Town of Uxbridge and the City of Pickering be forwarded a copy of this report.

 

CARRIED

 

(7)        BOX GROVE HILL DEVELOPMENTS INC. &
BOX GROVE NORTH INC. (19TM-030012)
ANIMATE CONSTRUCTION LTD. (19TM-030014)
BALGREEN HOLDINGS INC. & WINTER GARDEN ESTATES INC.
(19TM-030015), PHASE ONE, BOX GROVE PLANNING DISTRICT
PLANS OF SUBDIVISION AND IMPLEMENTING ZONING BY-LAWS
(SU.03-115555 & ZA.03-115538; SU.03-116324 & ZA.03-11450;
SU. 03-116579 & ZA.03-116573) (10.5, 10.7)        Weblink

 

That the deputations by Tom Farrar, Chair of the Box Grove Ratepayers Association, Alan Guinard, Jeffrey Davies, representing the owners of all the proposed developments except Animate Construction, and Marina Pilkington, be received;

 

And that correspondence dated May 17, 2004 from Gerald T. Miller of Gardiner Miller Arnold, representing Alan Guinard and Susan Krone, owners of Part Lot 5, Concession 9, be received;

 

That the staff report entitled “Box Grove Hill Developments Inc. & Box Grove North Inc. (19TM-030012), Animate Construction Ltd. (19TM-030014), and Balgreen Holdings Inc. & Winter Garden Estates Inc. (19TM-030015) Phase One,  Proposed plans of subdivision and implementing zoning by-law amendments, Box Grove Planning District” dated May 18, 2004, be received;

 

And that the three plans of subdivision in Phase One of the Box Grove Community be draft approved as outlined below, subject to draft approval not being issued until the Region of York has confirmed in writing that sufficient sanitary sewer capacity is currently available and assigned by the Region to accommodate the 1365 units included in Phase One, and that the said sanitary sewer capacity is in addition to sanitary sewer capacity available to other draft plans and site plans previously approved by the Town:

 

Box Grove Hill Developments Inc. and Box Grove North (19TM-030012)

That Phase One of draft plan of subdivision 19TM-030012 (SU. 03-115555) located east of 9^th Line, north of 14^th Avenue, proposed by Box Grove Hill Developments Inc. and Box Grove North Inc., be draft approved subject to the conditions outlined in Appendix ‘A’ (attached to the staff report dated May 18, 2004);

 

And that zoning application (ZA.03-115538) to amend By-law 304-87 and By-law 177-96, submitted by Box Grove Hill Developments Inc. and Box Grove North, for lands east of 9^th Line, north of 14^th Avenue, be approved and the implementing Zoning By-laws attached as Appendix ‘D’ (attached to the staff report dated May 18, 2004) be finalized and enacted;

 

And that water and sewage allocation for 826.5 units be granted to Box Grove Hill Developments Inc. and Box Grove North (19TM-030012) subject to written confirmation from the Trustee of the Box Grove Developers Group that water supply has been made available from the total water and sewage allocation granted to the Box Grove Community by the Town and the Region;

 

And that the Town reserve the right to revoke or reallocate water and sewage allocation at its sole discretion; 

 

And that the Region of York be advised accordingly;

 

And that Box Grove Hill Developments Inc. and Box Grove North Inc. provide the Town with the required subdivision processing fees in accordance with the Town’s Fee By-law (By-law 170-2000);

 

Animate Construction Ltd. (19TM-030014)

That Phase One of draft plan of subdivision 19TM-030014 (SU.03-116450) located east of 9^th Line, north of 14^th Avenue, proposed by Animate Construction Ltd., be draft approved subject to the conditions outlined in Appendix ‘B’(attached to the staff report dated May 18, 2004);

 

And that zoning application (ZA.03-11324) to amend By-law 304-87, By-law 194-82, and By-law 177-96, submitted by Animate Construction Ltd., be approved and the implementing Zoning By-laws attached as Appendix ‘D’ (attached to the staff report dated May 18, 2004) be finalized and enacted;

 

And that water and sewage allocation for 46.5 units be granted to Animate Construction Ltd. (19TM-030014) subject to written confirmation from the Trustee of the Box Grove Developers Group that water supply has been made available from the total water and sewage allocation granted to the Box Grove Community by the Town and the Region;

 

And that the Town reserve the right to revoke or reallocate water and sewage allocation at its sole discretion;

 

And that the Region of York be advised accordingly;

 

And that Animate Construction Inc. provide the Town with the required subdivision processing fees in accordance with the Town’s Fee By-law (By-law 170-2000);

 

Balgreen Holdings Inc. and Winter Garden Estates Inc. (19TM-030015)

That Phase One of draft plan of subdivision 19TM-030015 (SU.03-116579) located east of 9^th Line, south of 14^th Avenue, proposed by Balgreen Holdings Inc. and Winter Garden Estates Inc., be draft approved subject to the conditions outlined in Appendix ‘C’ (attached to the staff report dated May 18, 2004);

 

And that zoning application (ZA.03-116573) to amend By-law 304-87 and By-law 177-96, submitted by Balgreen Holdings Inc. and Winter Garden Estates Inc., be approved and the implementing Zoning By-laws attached as Appendix ‘E’ (attached to the staff report dated May 18, 2004) be finalized and enacted;

 

And that water and sewage allocation for 457 units be granted to Balgreen Holdings Inc. and Winter Garden Estates Inc. (19TM-030015) subject to written confirmation from the Trustee of the Box Grove Developers Group that water supply has been made available from the total water and sewage allocation granted to the Box Grove Community by the Town and the Region;

 

And that the Town reserve the right to revoke or reallocate water and sewage allocation at its sole discretion;

 

And that the Region of York be advised accordingly;

 

And that Balgreen Holdings Inc. and Winter Garden Estates Inc. provide the Town with the required subdivision processing fees in accordance with the Town’s Fee By-law (By-law 170-2000).

 

CARRIED

 

 

(8)        BOX GROVE COMMUNITY DEVELOPMENT PHASING PLAN
            (10.7)  Weblink

 

That the Box Grove Community Development Phasing Plan, dated March 2004, completed by KLM Planning Partners Inc, Stantec Consulting Ltd. and URS Canada Inc, and attached as Appendix ‘A’ to the staff report dated May 18, 2004, be endorsed;

 

And that the Commissioner of Development Services be authorized to modify the Box Grove Community Development Phasing Plan as outlined in the report, and as may be necessary to permit development to occur in keeping with the intent of the Box Grove Secondary Plan and Memorandum of Understanding, as well as to reflect the implementation of key transportation infrastructure and servicing requirements including water and sewage allocation, and any requirements of the Region of York;

 

And that Council be kept appraised of any modifications to the Development Phasing Plan that would have a significant effect on the overall delivery or allocation of municipal services, roads or facilities, or the timing of approval of development;

 

And further that the Mayor and Clerk be authorized to execute a phasing agreement with the Box Grove Developers Group outlining the phasing requirements and associated implementation measures, to be fully executed prior to the release of any plans of subdivision for registration.

 

 

(9)        CACHET ESTATES/GLENBOURNE PARK
            MUNICIPAL WATER SYSTEM  (5.3)  Weblink

 

That the staff report entitled “Cachet Estates/Glenbourne Park – Municipal Water System” be received;

 

And that the installation of municipal water in the Cachet Estates/Glenbourne Park area be authorized to proceed in accordance with Section 391 of the Municipal Act;

 

And that Masongsong and Associate Engineering Ltd. be authorized to proceed with the detailed design and tender for watermains in the Cachet Estates and Glenbourne Park Area as approved by Council on June 10, 2003;

And that the funds in the amount of $76,500 for the detailed design and tender be allocated from the Engineering Capital Account #083-6900-5305-005; 

 

And that staff report back in the Fall of 2004 with the construction contract award, Fee By-law and response to issues related in this report;

 

And that the Region of York be requested to finalize their financial contribution and issues identified in this report for the construction of this watermain system at the earliest opportunity;

 

And that Mr. Kees Schipper, Commissioner of Transportation and Work, Region of York, be advised accordingly.

 

CARRIED

 

 

(10)      DEVIATION FROM APPROVED SITE PLAN
14 ALEXANDER HUNTER PLACE, HERITAGE ESTATES
MS. TARA COOKE AND MR. GREG KNIGHT (10.6)

 

That the deputations by Greg Knight and Tara Cook in support, and by Ron and Marie Waine, in opposition to the deviation from the site plan at 14 Alexander Hunter Place, Heritage Estates, be received;

 

And that correspondence from Ron and Anne Marie Waine, 12 Alexander Hunter Place in objection, be received;

 

And that the staff memo dated May 13, 2004 regarding 14 Alexander Hunter Place, Heritage Estates, be received;

 

And that the recommendation of Heritage Markham be received and endorsed;

 

And that staff report back to a subsequent Development Services Committee meeting on the impact of staff being directed to, in the future, conduct on-site inspections to ensure that all requirements for the relocation of dwellings to the Heritage Estates are met.

 

CARRIED AS AMENDED

(See following motion to amend)

 

            Moved by Councillor E. Shapero

            Seconded by Councillor S. Daurio

 

            That Clause (10), Report No. 31 be amended to add the following paragraph:

 

            "And that staff report back to a subsequent Development Services Committee meeting on the impact of staff being directed to, in the future, conduct on-site inspections to ensure that all requirements for the relocation of dwellings to the Heritage Estates are met."

 

CARRIED

 

(11)      INTELLIGENT COMMUNITY FORUM (10.0)

 

That Regional Councillor J. Jones be authorized to attend the Intelligent Community Forum being held in New York City on June 10 - 11, 1004;

 

And that funding be provided from the IT contingency fund.

 

 

(12)      TOWN OF MARKHAM, ARMADALE PLANNING DISTRICT
TECHNICAL OFFICIAL PLAN AMENDMENT
TO RECOGNIZE BEAUPRE PARK AS A COMMUNITY PARK
(OP.04-011893) (10.3)

 

That the written submissions from the residents and homeowners at Sophia Road, be received;

 

And that the deputations by Mary Lee and Sheila Hanes be received;

 

And that the record of the Public Meeting held on May 18, 2004 with respect to the proposed Official Plan amendment to relocate the community park symbol on the schedules of the Secondary Plan for the Armadale Planning District (PD 24-1 and PD 24-2) be received;

 

And that the Town-initiated Official Plan Amendment application to amend the Secondary Plan for the Armadale Planning District (PD 24-1 and PD 24-2), be approved;

 

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

(By-law 2004-127)

 

 

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

 

That the Development Services Committee minutes dated May 18, 2004 be received.

 

CARRIED

 

7.         MOTIONS

 

Council consented to add Motions (1) to (3).

 

(1)        MARKHAM CENTRE DESIGN COMPETITION RESULTS (10.8)

 

Moved by Deputy Mayor F. Scarpitti

Seconded by Regional Councillor J. Jones

 

That the announcement of Janet Rosenberg + Associates Landscape Architects/Oleson Worland_Taylor Smyth Architects as the successful proponent for the Markham Centre Design Competition, be received;

 

And that the winning submission be awarded to Janet Rosenberg + Associates Landscape Architects/Oleson Worland_Taylor Smyth Architects and staff be authorized to proceed with negotiations with the successful proponent.

 

CARRIED

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

 

 

(2)        RETAIL BUSINESS HOLIDAYS ACT (2.0)

 

Moved by Councillor A. Chiu

Seconded by Deputy Mayor F. Scarpitti

 

That the Town Solicitor be directed to write to the Region of York, to request clarification on the enforcement of the Retail Business Holidays Act by the Region of York and York Regional Police and the identification of statutory holidays;

 

And that Council be copied on such correspondence.

 

CARRIED

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

 

 

(3)        YORK REGION ENVIRONMENTAL
            ALLIANCE - REQUEST FOR IN-KIND SERVICE
            AND LETTER OF SUPPORT (5.7)

 

Moved by Deputy Mayor F. Scarpitti

Seconded by Councillor J. Webster

 

That Councillor E. Shapero be appointed to the York Region Environmental Alliance, Markham-Newmarket Idle-free Community Challenge, on behalf of Council;

 

And that approval be granted for the York Region Environmental Alliance to have a link to the Town of Markham website for the Markham-Newmarket Idle-free Community Challenge;

 

And that a letter be forwarded to the York Region Environmental Alliance advising that the Town of Markham is supportive, in principle, of their community challenge;

 

And further that this matter be referred to the Community and Fire Services Commission for report to the Community Services and Environment Committee on June 7, 2004.

 

CARRIED

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

 

 

 

8.         COMMUNICATIONS

 

Moved by Councillor A. Chiu

Seconded by Councillor D. Horchik

 

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

 

Referred to all Members of Council

67-2004           Liquor Licence Application - Request to complete the Alcohol and Gaming Commission of Ontario Municipal Information Form for Ho Su Restaurant, 505 Highway No. 7 East, Nos. 98-99 (indoor). (3.21)

 

68-2004           Liquor Licence Application - Request to complete the Alcohol and Gaming Commission of Ontario Municipal Information Form for Bukhara Fine Indian Cuisine, 680 Denison Street (indoor). (3.21)

 

69-2004           Markham Museum - Requesting approval for the issuance of a Special Occasion Liquor Permit to be utilized in conjunction with the Lobsterfest being held on June 26, 2004 from 6:30 p.m. to 11:30 p.m. at the Markham Museum. (3.21)

 

70-2004           Niki Burns, Manager, Markham Village B.I.A. – Forwarding a request for approval to temporarily extend the operating area of The Duchess of Markham, 53 Main Street North, The Fox & Fiddle, 144 Main Street North, and Red Hot Bistro, 144 Main Street North during the Markham Village Music Festival to facilitate the temporary extension of liquor licenses by the Alcohol and Gaming Commission of Ontario (Friday, June 18, 2004 from 6:00 p.m. to 11:00 p.m. and Saturday, June 19, 2004 from 11:00 a.m. to 6:00 p.m.). (3.21)

 

71-2004           Ben Wentzell, Chairman, Unionville Village Festival - Requesting approval for the issuance of a Special Occasion Liquor Permit to be utilized in conjunction with the Festival for the following dates:
- June 4, 2004 from 8:00 p.m. to 1:00 a.m. - Crosby Arena.
- June 5, 2004 from 12:00 noon to 6:00 p.m. - Crosby Park Baseball Diamond A.
- June 6, 2004 from 12:00 noon to 5:00 p.m. - Crosby Park Baseball Diamond A.
(3.21)

 

72-2004           Markham Village BIA - Request to close the following streets on July 18, 2004 from 9:00 a.m. to 7:00 p.m. to facilitate the Markham Village Caribbean Festival:
-           Main Street Markham North from Highway 7 to Parkway Avenue.
-           Church Street closed at west of George Street - limited access
-           Centre Street at Main Street Markham north
-           Dublin Street at Main Street Markham north
-           Wilson Street at Main Street Markham north
-           132 Robinson Street to 138 Robinson Street on west side of Main Street
            Markham North and Robinson Street east from Main Street Markham
            North to west of Washington Street. (3.5)
(By-law 2004-128)

 

 

Referred to Commissioner of Development Services & Town Solicitor

73-2004           Ontario Municipal Board - Advising that the Board was informed by the Town of Markham that no action is required for the appeals submitted by 3170497 Ontario Limited and Great-West Life Assurance Company for development Charges.  Accordingly, no date for an adjournment has been set. (13.13 & 7.11)

 

74-2004           Region of York - Forwarding a copy of the letter sent to the Ontario Municipal Board advising of the appeals received for the Official Plan Amendment No. 116 (Rouge North Official Plan Amendment No. 116) (13.4 & 10.7).

 

CARRIED

 

 

9.         PROCLAMATION

 

(1)        PROCLAMATIONS (3.4)

 

Moved by Councillor A. Chiu

Seconded by Councillor J. Virgilio

 

That the following be proclaimed in the Town of Markham:

- June, 2004 - Brain Injury Awareness Month.

 

CARRIED

 

10.       BY-LAWS

 

Council consented to separate By-law 2004-134.

 

That By-laws 2004-121 to 2004-135 be given three readings and enacted.

 

Three Readings

 

BY-LAW 2004-121    A by-law to amend By-law 182-96, being a by-law to prohibit the keeping of certain classes of animals and to regulate the keeping of certain other classes of animals in the Town of Markham (To revise Schedule "B").
(Committee of the Whole Motion - May 25, 2004)

 

BY-LAW 2004-122    A by-law to amend Parking By-law 336-88 (No parking prohibition on Meadowbrook Lane).
(Clause 3, Report No. 29 2004)

 

BY-LAW 2004-123    A by-law to authorize the execution of a License Agreement between the Town of Markham and Ontario Realty Corporation, as agent for Her Majesty The Queen in Right of Ontario as represented by the Chair of the Management Board for use of the designated space on the lower level of the Markham Civic Centre, 101 Town Centre Boulevard (OHIP Photo Health Card Registration Outreach Program).
(Clause 5, Report No. 30, 2004)

 

BY-LAW 2004-124    A by-law to provide for the levy and collection of sums required by the Town of Markham for the year 2004 and to provide for the mailing of notices demanding payment of taxes for the 2004.
(Clause 6, Report No. 30, 2004)

 

BY-LAW 2004-125    A by-law to amend Parking By-law 336-88 (Delete "Voluntary Payment" Sections).
(Clause 10, Report No. 30, 2004)

 

BY-LAW 2004-126    A by-law to amend By-law 182-96, being a by-law to prohibit the keeping of certain classes of animals and to regulate the keeping of certain other classes of animals in the Town of Markham (to allow the owner of 154 Elson Street to house a maximum of 40 pigeons).
(Clause 11, Report No. 30, 2004)

 

BY-LAW 2004-127    A by-law to adopt Official Plan Amendment No. 120 (Technical Official Plan Amendment to recognize Beaupre Park as a Community Park within the Armadale Planning District).
(Clause 12, Report No. 31, 2004)

 

BY-LAW 2004-128    A by-law to close various street to facilitate the Markham Village Caribbean Festival being held on July 18, 2004 from 9:00 a.m. to 7:00 p.m.
(Communication No. 72-2004)

 

BY-LAW 2004-129    A by-law to dedicate certain lands as part of the highways of the Town of Markham (Block 176, Plan 65M-3644 - Hazelton Avenue).

 

BY-LAW 2004-130    A by-law to designate part of a certain plan of subdivision not subject to Part Lot Control (Russet Ridge Home Corp., Berczy Community, Lots 11 to 15, 26, 29 to 38, 44 to 56 and Blocks 58 to 69, Plan 65M-3719).

 

BY-LAW 2004-131    A by-law to designate part of a certain plan of subdivision not subject to Part Lot Control (Emery Homes - Williamstown Phase IV, Lots 1, 8. 9, 10 and Block 13, 65M-3632).

 

BY-LAW 2004-132    A by-law to amend By-law 2002-178, being a by-law to appoint Municipal Law Enforcement Officers (To revise Schedules "A" and "B").

 

BY-LAW 2004-133    A by-law to amend By-law 143-2000, being a by-law to establish purchasing, service and disposal regulations and policies (add a new Section 14 (1) (g)).
(Committee of the Whole Motion - May 11, 2004)

 

BY-LAW 2004-134    A by-law to amend Zoning By-law 1767, as amended (Valloncourt Estates Inc., 348 Steeles Avenue East and 2 Valloncliffe Road, Lots 30 and 31, Plan M-896 - To remove the (H) Hold provision.)
                                                              (Councillor J. Virgilio abstained)

 

BY-LAW 2004-135    A by-law to confirm the proceedings of the Council meeting of May 25, 2004.
(Council Meeting No. 12, 2004)

 

CARRIED

 

11.       ADJOURNMENT

 

Moved by Councillor A. Chiu

Seconded by Councillor G. McKelvey

 

That the meeting do adjourn.

CARRIED

 

 

Council adjourned at 8:45 p.m.

 

 

 

 

 

 

 

___________________________________        ___________________________________

SHEILA BIRRELL, TOWN CLERK                    DON COUSENS, MAYOR

(Signed)