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                                                                                                                                    2004-11-30

COUNCIL MINUTES  Council Chamber, Civic Centre

Meeting No. 22

 

(Canada Room)

COMMITTEE OF THE WHOLE

 

ROLL CALL

Mayor D. Cousens, Deputy Mayor F. Scarpitti, Regional Councillor J. Heath, Regional Councillor J. Jones, Regional Councillor B. O'Donnell, Councillor S. Daurio, Councillor E. Shapero, Councillor J. Virgilio, Councillor J. Webster, Councillor D. Horchik, Councillor K. Usman, Councillor A. Chiu. (12)

 

Regrets

Councillor G. McKelvey.

 

Moved by Councillor S. Daurio

Seconded by Councillor A. Chiu

 

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

 

(1)        Hydro One Task Force Draft Comments on Hydro One Draft Environmental Study Report (Esr) (13.8)

(2)        Changes to Ontario Heritage Act (2.0)

(3)        Rouge Park Appeals (10.3)

(4)        2004 Council/Committee Appointments (16.24)

(5)        Licensing Hearing Renewal of Taxi Driver’s Licence M1104 (2.0)

(6)        Comments On Bill 135 – Proposed Greenbelt Act, 2004 and The Draft Greenbelt Plan (13.2)

(7)        Comments on Bill 135 – Proposed Greenbelt Act, 2004 and the Draft Greenbelt Plan (13.2)

(8)        Hydro One Task Force Status Report (13.8)

(9)        Settlement of Appeal by M.Midget Inc. against By-Laws 2004-145 To 2004-151 (13.13)

(10)      Award of Tender #169-T-04 for the Construction of the Bur Oak Fire Station No. 98 (5.10 & 5.7)

(11)      Avant Investments, Ellington Park 3856, 3864 And 3872 Highway 7 East Northeast Corner of Verclaire and Highway 7 Application for Site Plan Approval and Hold Removal Legal File No. 04 0511 Lg 0289 (10.6 & 13.13)

 

CARRIED

 

The Regular Meeting of Council was held on November 30, 2004 at 7:00 p.m. in the Council Chamber, Civic Centre.  Mayor D. Cousens presided.

 


 

(Council Chambers)

COUNCIL

 

ROLL CALL

Mayor D. Cousens, Regional Councillor J. Heath, Regional Councillor J. Jones, Regional Councillor B. O'Donnell, Councillor S. Daurio, Councillor E. Shapero, Councillor J. Virgilio, Councillor J. Webster, Councillor D. Horchik, Councillor K. Usman, Councillor A. Chiu. (11)

 

Regrets

Deputy Mayor F. Scarpitti, Councillor G. McKelvey. (2)

 

 

STAFF

J. Livey, Chief Administrative Officer

J. Allen, Chief Information Officer

J. Baird, Commissioner of Development Services

S. Birrell, Town Clerk

J. Carnegie, Director, Corporate Communications

C. Conrad, Town Solicitor

B. Cribbett, Treasurer

P. Miller, Manager, Secretariat Services

J. Sales, Commissioner of Community & Fire Services

A. Taylor, Commissioner of Corporate Services

 

 

 

1.         DISCLOSURE OF PECUNIARY INTEREST

 

Councillor J. Virgilio disclosed an interest with respect to By-law 2004-331, by nature of representing the owner of the property, and did not take part in the consideration or discussion of or vote on the question of the approval of such matter.

 

 

 

2.         REPORT OF THE COMMITTEE OF THE WHOLE

 

Moved by Councillor A. Chiu

Seconded by Regional 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)        HYDRO ONE TASK FORCE DRAFT COMMENTS ON
            HYDRO ONE DRAFT ENVIRONMENTAL STUDY
            REPORT (ESR) (13.8)  Report 

 

That the presentation by Mr. David Estrin, Hydro One Task Force Legal Consultant with Gowlings Lafleur Henderson, providing an update on the Hydro One Task Force draft Environmental Study Report be received;

 

And that the report entitled “Town of Markham Response to Hydro One Draft Environmental Study Report” be received;

 

And that the draft response to Hydro One’s Draft Environmental Study Report be endorsed, and that a final version, satisfactory to the Chief Administrative Officer and the Town Solicitor, be delivered to Hydro One, with a copy to the Minister of the Environment, on or before December 20, 2004.

 

 

(2)        CHANGES TO ONTARIO HERITAGE ACT (2.0)  Report 

 

That the staff report entitled “Comments on Bill 60 – An Act to amend the Ontario Heritage Act”, dated November 30, 2004, be received;

 

And that the Council of the Town of Markham congratulate and commend the Province for its commitment to the further conservation and protection of heritage resources, especially in the area of demolition control, heritage property standards and delegation of approval authority, as illustrated in the proposed amendments to the Ontario Heritage Act;

 

And that Markham Council generally supports the proposed changes to the Ontario Heritage Act as presented in Bill 60, An Act to amend the Ontario Heritage Act, but specifically requests the provincial government, through the Ministry of Culture to consider the following amendments:

 

1.      That section 12 of Bill 60 be revised to indicate that the Ontario Municipal Board shall (rather than ‘may’) appoint a member of the Conservation Review Board to sit on a panel of the Board conducting an appeal under this Act for the duration of the appeal [25.1 (1)].

2.      That development of standard designation criteria, which is to be prescribed by regulation, be undertaken in consultation with municipal stakeholders, many of which already have criteria in place.

3.      That section 19 of Bill 60 be revised to include the revision of a designated property’s legal description as a permitted amendment to a designation by-law [30.1(1)].

4.      That section 29 of Bill 60 be revised to include a provision whereby a heritage conservation district study area may be created for a one year period with the council of the municipality having the ability to amend the by-law to extend the period of time during which it will be in effect provided the total period of time does not exceed two years from the date of the passing of the by-law [40.1(1)].

5.      That Part IV of the Act be amended to allow a property owner to apply to the Province for heritage designation of his property where a municipality is unable or fails to designate upon request.

6.      That the Act be amended to allow municipal councils to designate properties, buildings or structures owned by the Province and its agencies.

7.      That section 69 of the Act be amended to include in addition to the existing fine provisions, a new provision that would allow the Court to order the offender to restore the property, building or structure, as nearly as possible, to its previous condition.

8.      That the Act be amended to include a provision for a one year limitation period to commence a prosecution of an offence under the Act starting from the date that the municipality discovers the offence.

9.      That section 30(1) and (2) of Bill 60 be amended to ensure that the date that the voiding of permits and the interim control of alteration, demolition or removal becomes applicable is the date of Council passing an intention to designate rather than the date notice is served on the owner of the property, on the proposed Trust, and published in a newspaper.

10.    That the Act be amended to allow a council of a municipality to authorize an identified municipal employee, by by-law, the authority to issue a stop order with respect to property in the municipality that may be of cultural heritage value or interest for a specified period of time (60-90 days) to prevent the alteration of the property, any damage to the property or the demolition or removal of any building or structure on the property while the municipality investigates the potential designation of the property;

 

And that the Province of Ontario be requested to negotiate with municipal governments to produce one designation list between the Province and the municipality;

 

And that the Province of Ontario be requested to negotiate with the Federal Government for municipal governments to designate properties owned by the Federal Government and its agencies in the municipality;

 

And that designated properties in provincial ownership should be required to adhere to both provincial conservation standards and municipal conservation standards;

 

And that Council endorse this report and submit it to the Province as the Town of Markham’s comments on Bill 60 – An Act to amend the Ontario Heritage Act;

 

And that the Town Clerk be requested to forward a copy of this report to the Committee Clerk of the Standing Committee on Justice Policy before 12 noon on December 1, 2004, as well as to the Minister of Culture, the Ontario Heritage Foundation, Community Heritage Ontario, Ontario Historical Society and Heritage Markham.

 

………………………………………

 

Council recessed at the hour of 7:15 p.m. to reconvene Committee of the Whole and reconvened Council at the hour of 7:45 p.m.

 

………………………………………


 

(3)        ROUGE PARK APPEALS (10.3)

 

That the verbal update provided by the Director, Planning and Urban Design regarding appeals to the Rouge Park be received.

 

 

(4)        2004 COUNCIL/COMMITTEE APPOINTMENTS (16.24)

 

Cedar Grove Community Centre Board

That the following persons be appointed to the Cedar Grove Community Centre Board for a term January 1 to December 31, 2005:

 

         Paul Reesor

         Rick Lapp

         Murray Reesor

         Robert Lapp

         Graeme Weston

         Debbie Lapp

 

 

(5)        LICENSING HEARING
            RENEWAL OF
            TAXI DRIVER’S LICENCE M1104 (2.0)

 

That the following recommendation of the Markham Licensing Committee for the renewal of Taxi Driver’s Licence M1104 be adopted and confirmed:

 

1.      That the refusal to renew Markham Taxi Driver Licence, number M1104, be confirmed for 2004 and 2005; and

 

2.      That the applicant be permitted to submit a new application for a Markham Taxi Driver’s Licence in 2006 providing he meets the qualifications, standards and other provisions set out in By-law 2002-308 as amended and related Town documents, at that time.

 

 

(6)        COMMENTS ON BILL 135 – PROPOSED GREENBELT ACT, 2004
            AND THE DRAFT
GREENBELT PLAN (13.2)  Report 

 

That the letter dated November 29, 2004 from Kagan Shastri, Barristers & Solicitors, in objection to the Town’s comments regarding Bill 135 and requesting mapping indicating the cumulative effects of all environmental initiatives on the municipal land supply, be received;

 

And that the tabled memorandum dated November 30, 2004 from the Commissioner of Development Services and the Director, Planning and Urban Design, providing a revised resolution and Appendix ‘A’ regarding Bill 135 – the Proposed Greenbelt Act, 2004, be received;


 

And that the deputations by Ira Kagan, Kagan Shastri Barristers and Solicitors, and Patricia Foran, Aird and Berlis LLP, in objection to the proposed comments on Bill 135 and in support of continuing mediation with respect to OPA 116, be received.

 

 

(7)        COMMENTS ON BILL 135 – PROPOSED GREENBELT ACT, 2004
            AND THE DRAFT
GREENBELT PLAN (13.2)  Report 

 

That the staff report entitled “Comments on Bill 135 – Proposed Greenbelt Act, 2004 and the Draft Greenbelt Plan,” dated November 23, 2004, and the supplementary memorandum, dated November 30, 2004,  including a resolution and Figure 5, revised as outlined in the memorandum, be received.;

 

And that the Council of the Town of Markham congratulate and commend the Province for their insight and strategic approach toward the protection of agricultural and environmental lands in the Golden Horseshoe area;

 

And that the Town of Markham support the Ministry of Municipal Affairs and Housing in the finalization and implementation of the Greenbelt Plan as outlined and commented on in this report;  

 

And that Council specifically request the provincial government, through the Ministry of Municipal Affairs and Housing, to:

 

1.      Amend Bill 135 – Draft Greenbelt Act, 2004, to include provisions to enhance the protection of agricultural and environmentally sensitive lands, similar to the Oak Ridges Moraine Conservation Act, which would require Provincial approval of municipal official plan conformity amendments and exemption from appeals of Official Plan amendments approved in conformity with the Greenbelt Plan. 

2.      Revise the Greenbelt Plan boundary to reflect the minor adjustments as identified on Figure ‘5’ to the November 23, 2004 Report to Development Services Committee.

3.      Revise the Draft Greenbelt Plan to specifically identify a 600 metre corridor along the Little Rouge Creek and that the boundary of this corridor be part of the boundary to be specifically defined by the Surveyor General.

4.      Revise the Draft Greenbelt Plan to include wording to recognize that the tributaries of the Rouge River shall be subject to the boundary delineation process established through the guidelines established in the Rouge North Plan, as adopted by Markham Council on September 30, 2003 (OPA 116) and approved by the Region of York on April 6, 2004 (under appeal) and that a supporting regulation then be passed requiring that OPA No. 116 comply with the Greenbelt Plan with respect to that boundary delineation process.

5.      Include in the Draft Greenbelt Plan a Natural Heritage System designation for all the Rouge River watercourses extending through Markham as identified on Figure ‘6’ to the November 23, 2003 Report to Development Services Committee, as subject to OPA No 116.

6.      Incorporate separate section and schedules recognizing the unique circumstances and opportunities of the Rouge Park, as a significant component of the Greenbelt Plan.

7.      Revise the designation in the Greenbelt Plan along the Rouge River tributaries from Protected Countryside to Natural Heritage System, and correct the boundary of the ORM in Markham.

8.      Finalize the mapping of Key Natural Heritage and Key Hydrological Features prior to approval of the Greenbelt Plan and provide the Town with an opportunity to review and comment on the mapping in the context of the Draft Greenbelt Plan.

9.      Provide the Town with a draft copy of the surveyed Greenbelt Plan boundary to ensure that Town’s urban boundary, settlement areas and the boundary of the ORM, as approved in Town of Markham Official Plan, are accurately reflected.

10     Revise the Greenbelt Plan mapping to identify the location and extent of the Pickering Airport Site  owned by Transport Canada.

11.    Identify in the Greenbelt Plan the approach and implementation strategy in support of  agricultural viability and sustainability in the Greenbelt Plan.

12.    Revise the Greenbelt Plan to allow the opportunity for municipalities to approve severances to facilitate private ownership of existing habitable structures on publicly owned land, subject to heritage or conservation easements, to ensure the integrity of the Greenbelt Plan is protected.

13.    Confirm that the Al Hussain Foundation applications and OPA No.113 (Highway 404 North) are not subject to the requirements of the Greenbelt Act or Plan with the sunset of Bill 27 in December 2004.

14.    Grant an extension to the commenting and consultation period for the Greenbelt Act  and Plan for two months, to allow for further consultation with stakeholders and municipalities, within the context of the Draft Growth Management Plan for the Greater Golden Horseshoe area and planning reforms (Provincial Policy Statement, OMB reform and Planning Act reform). 

15.    Include a Markham representative on the future Greenbelt Advisory Council.

 

And that the Director of Planning and Urban Design be authorized to continue to work with Ministry staff to seek clarification and specificity on the Greenbelt Plan.

And that Council encourages the Province to consider  the use of tri-party easements (Province, Region and Local Municipality) to ensure permanent protection of the publicly owned Greenbelt lands.

 

And that Council endorse the report dated November 23, 2004 and the supplementary memorandum dated November 30, 2004, and submit these to the Province as the Town of Markham’s comments on the Bill 135 – Proposed Greenbelt Act, 2004 Bill of Rights Registry No. AF04E0001 and the Greenbelt Plan, 2004 Bill of Rights Registry No. PF04E0006. 

 

And that the Clerk be requested to forward a copy of the report and supplementary memorandum, identified above, to the Minister of Municipal Affairs and Housing, the Minister of Public Infrastructure, Renewal, the Minister of Natural Resources, the Minister of Agriculture and Food, the TRCA, the Region of York and the Rouge Park Alliance.


 

(8)        HYDRO ONE TASK FORCE
            STATUS REPORT (13.8)

 

That the report dated November 30, 2004, entitled “Hydro One Task Force Status Report” be received.

 

 

(9)        SETTLEMENT OF APPEAL BY M.MIDGET INC.
            AGAINST BY-LAWS 2004-145 TO 2004-151, BOTH INCLUSIVE (13.13)

 

That the report entitled “Settlement of appeal by M. Midget Inc. against By-laws 2004-145 to 2004-151 both inclusive” be received;

 

And that the Mayor and Clerk be authorized to execute such conveyances of land and other documents necessary to facilitate the implementation of a settlement of the above zoning appeals in the Community of Box Grove;

 

And that Town staff be instructed to attend at the Ontario Municipal Board in support of the proposed settlement;

 

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

 

 

(10)      AWARD OF TENDER #169-T-04 FOR THE CONSTRUCTION
            OF THE BUR OAK FIRE STATION NO. 98 (5.10 & 5.7)

 

That the additional information provided by the Project Management Consultant regarding the award of Tender 169-T-04 for the construction of the Bur Oak Fire Station No. 98 be received;

 

And that the report entitled: "Award of Tender #169-T-04 for the construction of the Bur Oak Fire Station No. 98" be received;

 

And that Council approve the design of the Bur Oak Fire Station No. 98 as described in this report at a size of approximately 10,000 square feet;

 

And that Council approve the project costs (exclusive of GST) as follows:

 

Construction (including contingency)                  $2,472,000

Internal Costs*                                     $   168,500

Furniture Fixtures and Equipment                      $   363,500

Total Project Costs                                           $3,004,000

*Internal costs include: Architectural fees, security & miscellaneous fees


 

And that Tender #169-T-04 for the construction of the Bur Oak Fire Station No. 98 be awarded to the lowest price qualified bidder, Grenwitch General Contracting Inc., in the total amount of $2,352,000.00 exclusive of GST;

 

And that a contingency of $120,000 exclusive of GST be established and that the General Manager, Construction and Utilities, be authorized to approve change orders up to the contingency amount;

 

And that funds for Tender #169-T-04 Bur Oak Fire Station No. 98, construction contingency, internal costs and furniture, fixture & equipment costs be provided from the Fire and Emergency Services capital account 67-5350-6004-005;

 

And further that the additional funds required to award this tender, in the amount of $349,900, be funded from Development Charges;

 

            Summary of funding sources:

            Previously approved capital project (Project No.6004)             $2,429,100

            Letter of credit from vendor for sewers                                     $   125,000

            Development Charges (additional funds)                                    $   349,900

            Total project funding                                                                 $3,004,000

 

 

(11)      AVANT INVESTMENTS, ELLINGTON PARK
            3856, 3864 AND 3872 HIGHWAY 7 EAST
            NORTHEAST CORNER OF VERCLAIRE AND HIGHWAY 7
            APPLICATION FOR SITE PLAN APPROVAL AND HOLD REMOVAL
            LEGAL FILE NO. 04 0511 LG 0289 (10.6 & 13.13)

 

That the report dated November 23, 2004, entitled, “Avant Investments Inc. (Ellington Park), Application for Site Plan approval and Hold removal for 3856, 3864, and 3872 Highway #7 East, Plan 4295, Lot 4, Legal File No. 04 0511 LG 0289”, be received;

 

And that staff be authorized to represent the Town before the Ontario Municipal Board to support approval of the application for site plan approval subject to the conditions of approval set out below;

 

And that the zoning amendment application to remove the Hold (H) provision on the subject lands be approved in principle and that the H removal by-law be enacted upon execution and registration of a site plan agreement and dedication of the lands required for completion of the Tenbury turning circle by Avant Investments Inc. and the adjacent property owner to the north, to the satisfaction of the Director of Engineering and the Town Solicitor;

 

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


 

And that the Site Plan application (SC.03.119592) submitted by Avant Investments Inc. (Ellington Park) to construct two condominium apartment buildings be approved, subject to the following conditions:

 

1.         That the Owner enter into a site plan agreement with the Town, containing all standard and special provisions and requirements of the Town, Region of York and other public agencies, and including the specific requirements identified in the staff report;

 

2.         That the site plan agreement include provisions for the payment by the Owner of all applicable fees, recoveries, development charges, cash-in-lieu of parkland and financial obligations related to applicable Developers Group Agreements;

 

3.         That prior to the execution of the site plan agreement, the Town shall ensure arrangements have been made to satisfy all obligations related to the development, financial or otherwise;

 

4.         That prior to execution of the site plan agreement, York Region shall confirm that sewage capacity is available and the Town shall grant sewage and water allocation for this development;

 

5.         That prior to the execution of the site plan agreement, the Owner shall submit final drawings including, but not limited to, site plans and elevation drawings, landscape plans, an underground parking layout plan, grading, servicing and engineering drawings that comply with all requirements of the Town and authorized public agencies, to the satisfaction of the Commissioner of Development Services;

 

6.         That the Owner submit a Landscape Plan, prepared by a Landscape Architect, having O.A.L.A. membership, reflecting the comments contained in this staff report for approval by the Commissioner of Development Services, prior to the execution of the site plan agreement;

 

7.         That the location, size and construction of all refuse storage areas and any applicable waste separation requirements be to the satisfaction of the Town of Markham Waste Management Department;

 

8.         That the Owner pay for all costs associated with the relocation of utilities within the right-of-way, as may be required;

 

9.         That the Owner pay for the cost of a tree assessment survey undertaken for the Town;

 

10.       That the Owner obtain approval from the York Region Transportation and Works Department prior to commencing any work on the site or road allowance;


 

11.       That the Owner pay for the design and construction of Tenbury Drive cul-de-sac as part of the required road dedication requirements to the satisfaction of Engineering staff and provide a financial contribution for tree planting in the Tenbury Drive boulevard according to Town standards to the satisfaction of the Commissioner of Development Services;

 

12.       That the Owner pay for the design and construction of external works on Verclaire Gate abutting the site and watermain connection between Tenbury Drive and provide for the widening of Verclaire Gate to the satisfaction of the Director of Engineering. The Owner shall enter into a development agreement with the Town, to ensure fees and securities for these works are in place to the satisfaction of the Director of Engineering;

 

13.       That the Owner convey to the Town, an easement for a watermain connection between Tenbury Drive and Verclaire Gate;

 

14.       That the Owner pay its proportionate share of development charges in accordance with Area Specific Development Charge By-laws;

 

15.       That the Owner undertake a noise study due to noise generated by Highway 7 and complete any mitigation measures, including noise warning clauses in the agreement of purchase and sale for future condominium owners to the satisfaction of the Director of Engineering;

 

16.       That the Owner provide a service easement from Verclaire Gate to the adjoining property to the east for future service connections to the satisfaction of the Director of Engineering;

 

17.       That the Owner provide a detailed stormwater management plan which maintains the existing overland flow route from the existing subdivision to the north to the satisfaction of the Director of Engineering;

 

18.       That the Owner pay its proportionate share of local services to be finalized at the agreement stage. Projects include:

 

                                                               i.      Sidewalk and illumination on Verclaire Gate

                                                             ii.      Recoveries to original developers

                                                            iii.      Stormwater management pond and over-sized storm sewer to be constructed on the south side of Highway 7 East within OPA 21 lands

 

19. That the Owner pay cash-in-lieu of parkland dedication;

 

20. That the Owner pay their share of the local costs of Highway 7 streetscape improvements based upon the lot frontage; and,


 

21. That the site plan approval will lapse after a period of three years from the date of this site plan approval, in the event that the Owner does not enter into a site plan agreement with the Town during that period.

 

 

Moved by Councillor A. Chiu

Seconded by Regional Councillor J. Heath

 

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

 

CARRIED

 

 

 

3.         MINUTES

 

(1)        COUNCIL MINUTES
            - NOVEMBER 16, 2004

 

Moved by Councillor A. Chiu

Seconded by Councillor K. Usman

 

That the Minutes of the Council Meeting held on November 16, 2004, be adopted.

 

CARRIED

 

 

 

4.         DELEGATIONS

 

(1)        2005 WATER/WASTEWATER RATES
- PUBLIC MEETING (5.3 & 5.5)

Notices were published in the Markham Economist and Sun and Thornhill Liberal on November 9 & 23, 2004 advising that the Town of Markham is holding a public meeting this date to obtain public input on the proposed Retail Water/Sewer Rate increase.

Ms. Barb Cribbett, Treasurer, presented an information report regarding this matter. (Motion No. 1)

 

(2)        Mr. Ira Kagan, Kagan Shastri Barristers and Solicitors, regarding the Town comments on Bill 135 - Proposed Greenbelt Act, 2004 and the Draft Greenbelt Plan and urging Council to continue the process with respect to OPA 116. (13.2) (Committee of the Whole Item No. 6 and 7 - Nov. 30, 2004)


 

(3)        Ms. Patricia Foran, Aird & Berlis Barristers and Solicitors, regarding the Town comments on Bill 135 - Proposed Greenbelt Act, 2004 and the Draft Greenbelt Plan and urging Council to continue the process with respect to OPA 116. (13.2) (Committee of the Whole Item No. 6 and 7 - Nov. 30, 2004)

 

 

 

5(a)      REPORT NO. 61 - FINANCE & ADMINISTRATIVE COMMITTEE

 

Council consented to separate Clause (1).

 

Moved by Councillor S. Daurio

Seconded by Councillor J. Virgilio

 

That Report No. 61 - Finance & Administrative Committee be received and adopted.

 

November 8, 2004

 

(1)        RECOMMENDED TOWN PROCEDURES FOR
            INSPECTING AND REGISTERING TWO
            UNIT HOUSES (10.7)     Report   1   2   3

 

That the staff report 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)     the Town’s Fees and Charges By-law (By-law 2002-276) be amended to:

         -         recognize that the $300.00 inspection fee for a two unit house compliance includes a maximum of “4” Fire Services inspections after which an individual inspection fee of $75.00 per hour or part thereof will be applied at the discretion of the Fire Chief or delegated Fire Services staff; and

         -         require an additional inspection fee of $300.00 for each unit in excess of the main and the second dwelling unit.

 

(d)     a new Two Unit House Declaration Form as set out in Appendix “A”, attached to the original Council Minutes in the Clerk's Office, be approved for use by the Building Standards Department in qualifying “grandfathered” two unit houses;

 

(e)     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;

 

(f)      the procedural flowchart as set out in Appendix “B”, attached to the original Council Minutes in the Clerk's Office, be approved as a template for an enhanced  process for inspecting and registering “grandfathered” two unit houses and enforcement of illegally established units;

 

(g)     Corporate Communications be authorized to publish an in-house public information sheet specifically for owners, landlords, architects, engineers, builders and general contractors, for use as a guide to inspection and registration of “grandfathered” two unit houses;

 

And that the necessary funding be considered in the 2005 Operating Budget for staff resources (including fire prevention, by-law enforcement and prosecution administrative 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 CAO and Commissioners in six months time.

 

DEFERRED

(See following motion to defer)


 

              Moved by Councillor K. Usman

              Seconded by Councillor E. Shapero

 

              That Clause (1) Report No. 61 be deleted in its entirety and the following be substituted therefore:

 

              That the staff report entitled “Recommended Town Procedures for Inspecting and Registering Two Unit Houses”, be received;

 

              And that the tabled information regarding the inspection of two unit houses, be received;

 

              And that consideration of the recommended Town procedures for inspecting and registering two unit houses be deferred and referred to the next Finance and Administrative Committee meeting in order for the Commissioner of Community and Fire Services to provide an audit of the figures.”

 

CARRIED

 

 

 

5(b)      REPORT NO. 62 - COMMUNITY SERVICES & ENVIRONMENT COMMITTEE

 

Council consented to separate Clauses (1) and (5).

 

Moved by Councillor A. Chiu

Seconded by Councillor E. Shapero

 

That Report No 62 - Community Services & Environment Committee be received and adopted.

 

November 15, 2004

 

(1)        INFRAGUIDE (3.0)  Report 

 

Whereas the Town of Markham currently spends approximately $25,000,000 on Capital and Operating Budgets for the maintenance, rehabilitation and reconstruction of its water, storm, wastewater and road system infrastructure and;

 

Whereas the National Guide to Sustainable Municipal Infrastructure (InfraGuide) gathers and documents best practices that reflect proven approaches to build sustainable infrastructure to Canadians in those areas and;


 

Whereas the Federation of Canadian Municipalities has partnered with the National Research Council of Canada to develop InfraGuide with support from Government of Canada and;

 

Whereas application of such best practices will assist communities across Canada to get the maximum return on every dollar invested in infrastructure while being mindful of the social and environmental implications of their decisions and;

 

Whereas the Town of Markham strives to be a leader in ensuring the quality of life of its citizens through appropriate short and long-term sustainable infrastructure investment decisions;

 

Now therefore be it resolved that the Town of Markham endorses the use of the appropriate best practices developed by InfraGuide;

 

And that the Federation of Canadian Municipalities share the motion with their members and the Federal and Provincial Governments to encourage ongoing commitment and support for InfraGuide;

 

And further that this report be forwarded to the Region of York and all local municipalities in York Region for their consideration and endorsement of the InfraGuide.

 

CARRIED

 

 

(2)        FITNESS CENTRE HOURS OF OPERATION AND AGE
            REQUIREMENTS (6.6)     Report    1    2 

 

That the report entitled “Fitness Centre Hours of Operation and Age Requirements” be received;

 

And that Council approve the realignment of weekend Fitness operational hours from

8:00 a.m. to 4:00 p.m. to 8:00 a.m. to 6:00 p.m.;

 

And that approval be granted to lower the membership age limit from 18 years to 16 years;

 

And further that these changes be effective September 1, 2005, to coincide with the completion of the Thornhill Community Centre expansion.

 

 

(3)        EARLY BIRD CAMP REGISTRATION PRICE
            DISCOUNT (6.0)   Report

 

That the report entitled “Early Bird Camp Registration Price Discount” be received;

 

And that the early bird camp registration price discount be reduced from 15% to 10% effective January 2006.


 

(4)        BY-LAW TO CREATE EMERGENCY MANAGEMENT
            PROGRAM AND STATUS OF COMPLIANCE WITH THE
            EMERGENCY MANAGEMENT ACT (3.0)     Report   1

 

That the Town adopts the proposed Emergency Management Program as required by the Emergency Management Act., R.S.O. 1990, c. E9.;

 

And that the Town adopt, as part of the Emergency Management Program, the Emergency Plan which governs the provision of necessary services and municipal responses during the emergency;

 

And that the Town adopts the proposed revised By-law establishing an Emergency Management Program for the protection of public safety, health, the environment, the critical infrastructure and property to promote economic stability and a disaster-resilient community;

 

And that a Community Emergency Management Coordinator Assistant, .25 (1/4 time) Full Time Employee (FTE) be considered in the 2005 operating budget;

 

And that the previous By-law on this matter, 94-1999, be repealed.

(By-law 2004-325)

 

 

(5)        TERMS OF REFERENCE – ENVIRONMENTAL
            MANAGEMENT PLAN (5.7)    Report

 

That Council recognise the importance of establishing a Town-wide Environmental Management Plan, and direct all Town departments to participate and contribute to this important strategic corporate initiative. Participation of all departments will be directed through the recently established staff technical advisory committee comprising selected senior staff from various departments, coordinated and chaired by the Manager of Environmental Leadership;

 

And that the proposed Terms of Reference for hiring a consultant to prepare an Environmental Management Plan study, attached as Appendix 1 to the original Council minutes in the Clerk’s department, be endorsed;

 

And that the Manager of Environmental Leadership, in conjunction with the staff technical advisory committee, be authorized to: call for and receive proposals from interested consultants; oversee the consultant selection process, including conducting an interview of candidates;

 

And that the Environmental Issues Committee be used as a steering committee for the development of the Environmental Management Plan and that two (2) members from the Environmental Issues Committee be involved with the interview committee.

 

CARRIED


 

(6)        OTHER COMMITTEE PROCEEDINGS  
            - MINUTES OF COMMUNITY SERVICES & ENVIRONMENT
            COMMITTEE MEETING – NOVEMBER 15, 2004 (16.0)

 

That the Community Services & Environment Committee minutes dated November 15, 2004 be received.

 

CARRIED

 

 

 

5(c)      REPORT NO. 63 - FINANCE & ADMINISTRATIVE COMMITTEE

 

Council consented to separate Clauses (1), (2) and (12).

 

Moved by Councillor S. Daurio

Seconded by Councillor K. Usman

 

That Report No. 63 - Finance & Administrative Committee be received and adopted.

 

November 22, 2004

 

(1)        TOWN OF MARKHAM RESERVE STUDY (7.0)  Report   1   2   3

 

Council consented to a separation of the question.

 

That the presentation of the Director of Financial & Client Services regarding the Town of Markham Reserve Study, be received;

 

And that the report dated November 22, 2004 entitled “Town of Markham Reserve Study” be received;

 

And that Working Capital, Corporate Rate Stabilization, Winter Maintenance, Contingencies, Special Corporate Rate Stabilization, and Debt Charge Payment reserves be consolidated into one Corporate Rate Stabilization Reserve;

 

And that the City Centre Infrastructure, Raymerville Park Construction, Valleylands Revitalization, Peace Garden, Parks Vaughan/Gallanou, Fred Varley Art Centre, Elson Park, Tennis Court Repairs, Walden Pond Maintenance reserves and reserve funds be closed and the balance of funds, in the amount of $52,060, be transferred to the Major Capital Repairs and Replacement Reserve;

 

And that the Tree Replacement reserve be closed and balance of funds, in the amount of $7,030, be transferred to an existing capital project, project # 6197 – Replacement of Boulevard/Park Trees;


 

And that the Facility Ramp-up reserve be used to fund 2005 Capital Projects for Centennial Community Centre Renovations ($3,100,000), Centennial Community Centre – Second Floor Accessibility Improvements ($100,000), Museum Reception Centre ($490,000);

 

And that the Firefighter Bunker Gear, Major Capital Repairs/Replacement, Recreation and Culture Capital Replacement reserves be consolidated into an interest earning Major Capital Repairs and Replacement Reserve.

 

CARRIED

 

 

That the following clauses of the staff report entitled "Town of Markham Reserve Study", dated November 22, 2004, be deferred and referred to a Special Work Session in the New Year (2005):

 

That the balance of the Corporate Rate Stabilization reserve be established at 15% of the local tax revenue, $11,650,000 for 2005;

 

And that the balance of funds in the Corporate Rate Stabilization Reserve, in the amount of $18,959,307, be transferred to the Major Capital Repairs and Replacement Reserve;

 

And that the General Capital Reserve and Planning Studies reserve be consolidated to an interest earning “10% Non-DC Growth” reserve 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 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 $3,000,000 of the Hydro Interest Income be used to fund the interest earning Major Capital Repairs and Replacement reserve on an annual basis;

 

And that the Hydro Equity Reserve be closed with the balance transferred to the Major Capital Repairs and Replacement reserve;

 

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 Major Capital Repairs and Replacement Reserve;


 

And further 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.

 

CARRIED

(See following motion to defer which was Lost)

 

 

            Moved by Regional Councillor J. Heath

            Seconded by Councillor E. Shapero

 

              That Clause (1), Part 2, Report No. 63 be deferred to the Finance and Administrative Committee.

 

LOST

(See following recorded vote) (2:8)

 

YEAS:             Regional Councillor J. Heath, Councillor E. Shapero. (2)

 

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

 

ABSENT:        Deputy Mayor F. Scarpitti, Councillor G. McKelvey. (2)

 

 

(2)        RECORDING DEVICES AT MEETINGS (16.23) Report

 

That a by-law be enacted to amend By-Law 2001-1, "A By-law to Govern the Proceedings of Council and Committees of Council", (as amended), to:

 

  • Permit the use of audio and video recording equipment in the Council Chamber by the public or media with the location to be at the discretion of the Chair, provided it is not disruptive to the meeting.

 

And that the matter relating to the use of external communication devices during Council and Committee meetings be referred back to staff for further review and consideration of comments raised this date.

(By-law 2004-326)

 

CARRIED


 

(3)        TOWN OF MARKHAM AND TELUS
            MOBILITY PARTNERSHIP
            (6.6 & 3.0 & 12.2)   Report 

 

That a non-exclusive partnership between the Town of Markham and Telus Mobility for In-Building Cell Phone Coverage enhancement ("Spot Wave" technology) as well as support of children's literacy in the amount of $41,000 be approved by Council;

 

And that a Community Partnership agreement between Telus Mobility and the Town of Markham be prepared, consisting of a license agreement for Cell Phone Coverage enhancement and a sponsorship agreement to support children's literacy;

 

And that Council authorize the Mayor and Clerk to execute this agreement in a form satisfactory to the Town Solicitor;

 

And that the Manager of Marketing and Community Partnerships work with internal stakeholders to implement and service the partnership;

 

And that the $41,000 revenue be allocated as follows:

 

  • $18,000 of the revenue from this partnership be applied equally to the operating budget of each of the 9 facilities where Telus will install cell phone coverage enhancements;
  • $2,000 be directed to Strategic Services 2005 operating budget to administer the partnership;
  • $21,000 is credited to a 2005 Markham Public Libraries capital account to enhance educational programming and children's literacy.

 

 

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

 

That residential taxes totalling $126,428.87 be adjusted under Section 357 (in the amount of $85,518.14) and Section 358 (in the amount of $40,910.73) of the Municipal Act, 2001 of which the Town's portion is estimated to be $27,306.75;

 

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

 

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

 

 

(5)        TAX WRITE OFFS IN ACCORDANCE WITH
            SECTION 354 OF THE MUNICIPAL ACT, 2001 (7.3 & 7.1.13)   Report 

 

That taxes totalling $804,715.88 (excluding penalty and interest) as set out in this report be written off pursuant to the provisions of Section 354 of the Municipal Act, 2001;


 

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

 

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

 

 

(6)        PUBLIC MEETING - ANGUS GLEN
            PARKING REGULATIONS (2.17)  Report

 

That a public meeting be held on November 23, 2004 to present options and receive feedback from residents of Angus Glen on revised parking by-law regulations for their subdivision.

 

 

(7)        RESULTS OF 2004 CITIZEN
            SATISFACTION SURVEY (12.0)   Report   1

 

That the report "Results of 2004 Citizen Satisfaction Survey" be received;

 

And that all staff be congratulated on their high level of service across the Town, particularly the staff of the Contact Centre.

 

 

(8)        SETTLERS PARK LANDFILL
SITE MANAGEMENT (5.7 & 6.11)  Report 

 

That the report entitled "Settlers Park Landfill Site Management" be received;

 

And that Beatty & Associates be authorized to carry out a leachate plume assessment in the vicinity of the Settlers Park Landfill site at an estimated cost of $12,500;

 

And that Beatty & Associates be authorized to carry out a detail design for an Aerobic Landfill Management Plan at the Settlers Park Landfill site at an estimated cost of $25,000;

 

And that the cost for the detail design of the Aerobic Landfill Management Plan to an upset limit of $25,000 be funded from the corporate-wide contingency capital project and the cost for the leachate plume assessment in the estimated amount of $12,500 be funded from the Operations and Asset Management 2004 Capital Budget, Account No. 58-5399-6236-005;

 

And that the tendering process be waived in accordance with Purchasing By-Law 143-2000, Section 14(1C) which states "When the extension of an existing contract would prove more cost-effective or beneficial";

 

And that the Operations and Asset Management Department continue to manage and maintain the Gas Recovery Well System to ensure compliance with the Certificate of Approval;


 

And that staff pursue partnership funding opportunities with the Toronto and Region Conservation Authority and the FMC Green Municipal Enabling Fund for the leachate plume assessment and aerobic landfill management plan;

 

And that staff report back in the spring of 2005 on the consultant's findings and recommendations.

 

 

(9)        FLEET SERVICES - GREEN FLEET
            TRANSITION PLAN 2004 - 2007 (5.10 & 5.7)   Report

 

That the staff report entitled “Fleet Services – Green Fleet Transition Plan 2004-2007”, dated

November 22nd, 2004, be received;

 

And that Council adopt in principle the Fleet Services - Green Fleet Transition Plan 2004-2007, as outlined within this report, to guide green fleet management actions for the Town of Markham, and that capital funding of $27,600 be considered during the 2005 Capital budget discussions, to cover the cost of installation of two Vehicle Refuelling Appliances;

 

And that the Fleet Services - Green Fleet Transition Plan 2004-2007, as outlined within this report, be aligned with the Fleet maintenance program and increase funding in the Fleet Operating Budget to include the additional annual cost of using Biodiesel in all diesel fleet vehicles (approximately $20,000/year based on the current fuel usage and price premium of $0.06 per litre);

 

And that the existing 2004 Fleet Services Vehicle Replacement Program be revised to upgrade current vehicle specification to Diesel configurations and completed prior to implementing the Green Fleet Transition Plan 2004-2007;

 

And that the additional funding required to implement upgrades to five (5) one-ton flatbed trucks in 2004 (estimated at $32,500) be provided from existing favourable variances in the 2002 Capital Budget account for Fleet Replacement (existing balance approximately $33,730);

 

And that the additional funding required to implement upgrades to eight (8) vehicles to alternative ‘Green Fleet’ vehicles in 2005 (estimated at $57,266) be absorbed in the proposed 2005 Capital Budget account for Fleet Replacement;

 

And that the Director of Operations and Asset Management provide an annual progress report to the Finance and Administrative Committee on the implementation of the Green Fleet Transition Plan 2004-2007, including progress on environmental benefits and targets;

 

And that staff include mowers, blowers, and generators  in the Green Fleet Transition Plan;

 

And that staff be requested to report back on the feasibility of using B 50 Biodiesel fuel in the summer months;


 

And further that the Town of Markham's Green Fleet Transition Plan be formatted similar to the City of Toronto's Plan, to include details on emission savings from the various alternatives, such as electric vehicles and the use of Biodiesel fuel, and also include information about types of vehicles, fuels, and other clean air initiatives.

 

 

(10)      LIGHT EMITTING DIODE (LED) TRAFFIC SIGNAL DISPLAY
            RETROFIT AND REPLACEMENT PROGRAM (5.12.1 & 5.7)   Report   1

 

That the report entitled "Light Emitting Diode (LED) Traffic Signal Displays Retrofit and Replacement Program", dated November 22, 2004 be received;

 

And that Council adopt in principle the (LED) Traffic Signal Displays Retrofit and Replacement Program, as outlined within this report and consider the cost implications in the 2005 Capital budget approval process as well as the Operations Department's five (5) year Capital Budget forecast;

 

And that the Director of Operations & Asset Management be authorized to initiate a Five (5) year program, starting in 2005, for the retrofit and/or replacement of the existing incandescent traffic control signal displays with light emitting diode (LED) traffic signal control displays at an estimated total cost of $475,000.00.

 

 

(11)      PATHWAY STANDARDS REPORT (6.3)   Report

 

That the staff report entitled "Pathway Standards Report", dated November 22, 2004, be received;

 

And that Operations Department staff continue with the current standard and not maintain park pathways during the winter months for the 2004/2005 winter season;

 

And that Operations Department staff work with Development Services to develop a strategy for the Town's pathway network which will establish specific criteria for pathway paving, lighting, and seasonal maintenance, and report back to Committee and Council in 2005;

 

And further that staff be requested to also consider the pathways connecting schools and neighbourhoods in their review of the Town's pathway network.

 

 

(12)      PUBLIC MEETING - TOW TRUCK
            BY-LAW AMENDMENT (2.0)   Report 

 

That a public meeting be held in January, 2005 to obtain input on proposed amendments to the Tow Truck By-Law with the following items identified for consideration:


 

  • A $250 cap on the fee to be charged for tows from accident scenes;
  • A requirement for a police clearance check for drivers, prior to licensing;
  • An additional fee of $100 be assessed with late licence renewals and re-inspections;
  • Display of telephone number on tow truck for owner to call;
  • Limit distance vehicle can be towed within community.

 

CARRIED

 

 

(13)      RECORD OF OPPOSITION ON MOTIONS (16.23)  Report

 

That the report of the Town Clerk, entitled "Record of Opposition on Motions", dated November 22, 2004, be received;

 

That a by-law be enacted to amend Section 3.22 of By-Law 2001-1, "A By-law to Govern the Proceedings of Council and Committees of Council", (as amended), to:

 

  • Provide for recorded votes being taken at Development Services Committee meetings when consideration is being given to "Items of Delegated Authority" only.

(By-law 2004-326)

 

 

(14)      POLICY ON THE USE OF CIVIC
            CENTRE PUBLIC SPACES (12.2.6 & 12.4)   Report 

 

That the staff report entitled "Policy on the Use of Civic Centre Public Spaces" be received;

 

And that Council approve, in principle, the Policy, Procedures and Guidelines as set out in this report regarding the scheduling, placement and content of displays, banners, posters and other materials;

 

And that staff be directed to consider the issues discussed this date, including maintaining visual access to the Lower Atrium, and report back to the Finance & Administrative Committee with the final design and layout.

 

 

(15)      OTHER COMMITTEE PROCEEDINGS
            - MINUTES OF FINANCE & ADMINISTRATIVE
            COMMITTEE MEETING – NOVEMBER 22, 2004 (16.0)

 

That the Finance & Administrative Committee minutes dated November 22, 2004 be received.

 

CARRIED


 

5(d)      REPORT NO. 64 - DEVELOPMENT SERVICES COMMITTEE

 

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

 

Moved by Councillor D. Horchik

Seconded by Councillor K. Usman

 

That Report No. 64 - Development Services Committee be received and adopted.

 

November 23, 2004

 

(1)        HERITAGE FUND LOAN APPLICATION
           
6 AILEEN LEWIS COURT, MIKE BRADSHAW (16.11, 7.0)   Report 

 

That the Development Services Commission Report entitled “Heritage Fund Loan Application, 6 Aileen Lewis Court, Mike Bradshaw” dated November 23, 2004, be received;

 

And that the application for a loan from the Town of Markham Heritage Fund be approved in the amount of $15,000, for the following restoration work at 6 Aileen Lewis Court:

           -Reconstruction of original 19th Century Veranda

          - Restoration of the original wood shingle roof;

          - Window restoration

          - Barn Restoration;

 

And that the loan be subject to the standard terms and conditions of the Markham Heritage Fund Loan program (Appendix ‘B’ to Report) attached to the original Council minutes in the Clerk’s Department;

 

And that a by-law to authorize the approval of a loan from the Town of Markham Heritage Fund to Mr. Michael Bradshaw, to undertake certain repairs to the property municipally known as  6 Aileen Lewis Court, be approved.

(By-law 2004-327)

 

CARRIED

 

 

(2)        DESIGNATION UNDER PART IV OF THE ONTARIO HERITAGE ACT
             9642 NINTH LINE, JAMES DARIUS HARRINGTON HOUSE
            OWNER: HUMBOLD PROPERTIES LTD. (16.11.3)   Report

 

That the “James Darius Harrington House” at 9642 Ninth Line 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)        HERITAGE EASEMENT AGREEMENTS, PROPERTY TAX
            REDUCTION PROGRAM FOR HERITAGE PROPERTIES
            LEGAL FILE NO. 03 0411 LG 0278
(16.11, 7.0)   Report

 

That a by-law be passed to authorize the Mayor and Clerk to execute Heritage Easement Agreements with the property owners for the properties as identified on Appendix “A”, attached to the original Council minutes in the Clerk’s Department, and any other documents required to give effect thereto, in a form satisfactory to the Town Solicitor.

(By-law 2004-328)

 

 

(4)        WISMER COMMONS DEVELOPERS GROUP INC.
            AMENDMENT TO THE MASTER SERVICING AGREEMENT
            FOR MUNICIPAL TRUNK INFRASTRUCTURE (5.3, 5.5)  Report 

 

That the Development Services Commission report titled “Wismer Commons Developers Group Inc. - Amendment to Master Servicing Agreement for Municipal Trunk Infrastructure” dated November 23, 2004 be received;

 

And that the Mayor and Clerk be authorized to execute an amendment to the existing master servicing agreement between the Town of Markham and the Wismer Commons Developers Group Inc. dated January 02, 2004, to the satisfaction of the Chief Administrative Officer and the Town Solicitor.

 

 

(5)        MARKHAM HERITAGE ESTATES
            STUDY OF POTENTIALLY THREATENED BUILDINGS
            FOR REMAINING LOTS (2004) (16.11)    Report

 

That the staff report entitled Markham Heritage Estates: Study of Threatened Buildings For Remaining Lots (2004), dated November 23, 2004, be received and endorsed by Council;

 

And that Town (Heritage Section) staff and Heritage Markham be requested to refer to the staff report and associated confidential assessment of potentially threatened heritage buildings when considering all future requests for relocation to the Markham Heritage Estates;

 

And that the moratorium enacted by Council in July 2003 on further dwellings being considered for relocation to the Markham Heritage Estates Subdivision be repealed;

 

And that Town Staff work with the Region of York and service providers to develop viable house relocation routing corridors for houses to be relocated to the Markham Heritage Estates subdivision;


 

And that the Policy for lot selection in the Markham Heritage Estates be amended to give staff the flexibility to allocate the remaining lots as appropriate and to protect for future adjustment of lot sizes in the event that it becomes necessary to alter lot lines in order to accommodate a larger house in the subdivision;

 

And that the policy restricting building type in the Markham Heritage Estates be amended to permit no more than two non-residential buildings, to be relocated to the Heritage Estates, restored to their original appearance and converted to residential uses;

 

And that the existing policy requiring candidate buildings to be located within the current boundaries of the Town of Markham be maintained, but that Council give consideration to threatened buildings from lands in the former Township of Markham on a case-by-case basis subject to such buildings being of Regional significance, scoring no less than 85 points on the “Evaluation Criteria for scoring the eligibility of Potentially Threatened Buildings to be considered for relocation to the Markham Heritage Estates Subdivision” and Council being satisfied that no other threatened structure from within the current boundaries of the Town of Markham would be more appropriate for relocation to the Markham Heritage Estates;

 

And that there be a limit of no more than 2 buildings from outside Markham boundaries;

 

And that Town (Heritage Section) staff be requested to bring a report back to Council outlining other potential options for the preservation of threatened buildings which may not be eligible for relocation to the Markham Heritage Estates, due to the limited number of remaining lots;   

 

That the detailed findings of the Study referencing the location and description of potentially threatened heritage properties be kept confidential;

 

And that appreciation be expressed to Heritage staff for their leadership and for the preparation of the Study.

 

 

(6)        ELIGIBILITY OF HOUSE FOR RELOCATION TO
            MARKHAM HERITAGE ESTATES
            THE JOSEPH MARR HOUSE, 8992 REESOR ROAD (16.11)   Report  

 

That Council declares the dwelling known as the “Joseph Marr House”, located at 8992 Reesor Road to be eligible for relocation to Markham Heritage Estates subject to the following conditions:

 

  • The prospective purchaser of the building must provide accurate, realistic and detailed drawings of the house, prepared by a professional architect or designer, and provide an accurate representation of the final height of the house in the Heritage Estates;
  • The height of the house in the Heritage Estates is to be consistent with the height of the house at its original location;

 

And that a Heritage Conservation Easement be required as a condition of relocation to the Markham Heritage Estates;

 

And that the owner be required to advertise the availability of the building to those individuals who have expressed an interest in the Markham Heritage Estates concept and in the local newspapers.

 

 

(7)        LITTLE ROUGE CREEK CORRIDOR MASTER PLAN
            REQUEST FOR FUNDING FORM THE ROUGE PARK ALLIANCE
            (10.8, 7.5)  Report 

 

That the staff report entitled “Little Rouge Creek Corridor Master Plan - Request for Funding from the Rouge Park Alliance”, dated November 23, 2004, be received;

And that the Council support the Little Rouge Creek Corridor Master Plan process;

 

And that Council be kept informed of the planning process at key milestones throughout the study process, including a presentation to Development Services Commission prior to finalization of the Master Plan by the Rouge Park Alliance;

And further that, subject to Council approving Town participation in this Rouge Park Alliance project, funds in the amount of $15,000 be allocated in the 2005 Capital Budget;

 

And that funding be provided from the 2004 Environmental Sustainability Fund.

 

CARRIED

 

 

(8)        OLIVE BRANCH COMMUNITY CHURCH, 175 ANDERSON AVENUE
            OFFICIAL PLAN AND ZONING APPLICATION TO PERMIT A
            PLACE OF WORSHIP (
OP 04 026818, ZA 04-026537) (10.3, 10.5)

 

That the written submission received from the Region of York, advising that they have no comments at this time regarding application Files OP 04 026818, ZA 04 026537, submitted by Olive Branch Community Church, be received;

 

And that the deputations by Ben Quan representing the applicant, and Brad Shimbashi of the Olive Garden Branch Community Church regarding application Files OP 04 026818, ZA 04 026537, be received;

 

And that the Record of the Public Meeting held on November 23, 2004, with respect to the proposed Official Plan amendment and amendments to By-law 88-76 be received;

 

And that the applications by The Olive Branch Community Church to amend the Official Plan and By-law 88-76, as amended, be approved;


 

And that the proposed Official Plan Amendment and amendments to By-law 88-76, be enacted without further notice, on December 14, 2004, if possible.

 

 

(9)        BOX GROVE HILL DEVELOPMENTS INC.
            & BOX GROVE NORTH INC. & BOX GROVE CENTRE INC. (19TM-030012) 
            TECHNICAL ZONING BY-LAW AMENDMENT (ZA. 04-024981) (10.5)

 

That the Development Services Commission information report dated October 19, 2004, entitled “Box Grove Hill Developments Inc. and Box Grove North Inc., and Box Grove Centre Inc. (19TM-030012), Technical zoning by-law amendment to permit 5 single detached units on lands previously zoned for a storm water management pond and to adjust a front yard setback to allow for the relocation of two heritage houses (ZA 04 024981)” be received;

 

And that the Record of the Public Meeting held on November 23, 2004, with respect to the proposed amendments to By-law 177-96 be received;

 

And that the applications by Box Grove Hill Developments Inc. and Box Grove North Inc., and Box Grove Centre Inc. to amend By-law 177-96 be approved;

 

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

 

 

(10)      OTHER COMMITTEE PROCEEDINGS
            - MINUTES OF DEVELOPMENT SERVICES
            COMMITTEE MEETING – NOVEMBER 23, 2004 (16.0)

 

That the Development Services Committee minutes dated November 23, 2004 be received.

 

CARRIED

 

 

 

6.         MOTIONS

 

Council consented to add Motions (1) through (4).

 

(1)        2005 WATER/WASTEWATER RATES (5.3 & 5.5)
            - PUBLIC MEETING

 

Moved by Regional Councillor B. O’Donnell

Seconded by Councillor S. Daurio

 

That the Town of Markham water/wastewater rate be increased by 9.7% effective January 1, 2005 from $1.2810 per cubic meter to $1.4053 per cubic meter;


 

And that By-law 2002-276 (a By-law to impose fees or charges for services or activities provided or done by the Town of Markham), be amended to reflect the increase in water/wastewater rates.

 

CARRIED

(2/3 vote required and obtained)

 

 

(2)        CAREER BRIDGE PROGRAM
            INTERNSHIP AWARD (12.2.6)

 

Moved by Regional Councillor J. Heath

Seconded by Regional Councillor B. O’Donnell

 

That thanks and appreciation be extended to Sharon Laing, Acting Director, Human Resources, for the successful implementation of the Career Bridge Program.

CARRIED

(2/3 vote required and obtained)

 

 

(3)        SANTA CLAUSE PARADE
            MARKHAM LIBRARY FLOAT (12.2.6)

 

Moved by Regional Councillor J. Heath

Seconded by Councillor K. Usman

 

That thanks be extended to all staff who contributed to the success of the Markham Library float winning first  prize in the 2004 Markham Santa Clause Parade:

 

            Catherine Biss

            Lois Burkholder

            Jane Byrnes

            Donna Cooper

            Andrew Dunlop

            Bob Henderson

            Janice Horne

            Moe Hosseini-Ara

            Hilary Huffman

            Jeff Johnston

            Diane Macklin

            Karen Norwicki

            Georgina Perrier

            Sharon Philip

            Maria-Fernanda Pineros

            Valentina Salvalaggio

            Chris Sheehy

            Debbie Walker;


 

And that thanks be extended to all those who contributed to the success of the Town of Markham float winning second prize in the 2004 Markham Santa Clause Parade.  Special appreciation is extended to staff of the Parks Department for their efforts in making the Town float a winner:

 

                           Sheila Fockler

                           Eric Gilbert

                           Doug Henderson

                           Mac Straughan.

 

CARRIED

(2/3 vote required and obtained)

 

 

(4)        BUR OAK AVENUE
            OPEN TO 16TH AVENUE (5.10)

 

Moved by Councillor J. Webster

Seconded by Councillor A. Chiu

 

That Bur Oak Avenue be opened to 16th Avenue with the utmost speed with all necessary and appropriate traffic controls being put in place.

 

CARRIED

(2/3 vote required and obtained)

 

 

 

7.         COMMUNICATIONS

 

Council consented to separate Communication (164-2004).

 

Moved by Councillor K. Usman

Seconded by Councillor A. Chiu

 

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

 

Received

163-2004         The Regional Municipality of York - Forwarding information regarding the proclamation of January 3 to 7, 2005 as National Environmental Public Health Professionals Week (13.4)


 

Referred to Commissioner of Development Services and Town Solicitor

164-2004         Ontario Municipal Board - Acknowledging the receipt of an appeal submitted by Minto Markham Partnership regarding the proposed Official Plan Amendment, File OP 04 013980, to redesignate lands from Neighbourhood Commercial to Low Density Housing at the northwest corner of Rouge Bank Drive and 9th Line in the Legacy Community. (13.13 & 10.5)

CARRIED

 

165-2004         Ontario Municipal Board - Acknowledging the receipt of an appeal submitted by Ruskinvale Developments Ltd. and forwarding the Appointment of Hearing regarding the proposed Site Plan Application for the property at 337 John Street, Markham, File SC 04 019251. (13.13)

 

CARRIED

 

 

 

8.         PROCLAMATION

 

(1)        PROCLAMATIONS (3.4)

 

Moved by Councillor A. Chiu

Seconded by Councillor E. Shapero

 

That the following be proclaimed in the Town of Markham:

- World AIDS Day - December 1, 2004.

 

CARRIED

 

 

 

9.         BY-LAWS

 

Council consented to add By-laws 2004-334 and 2004-335 and to separate By-law 2004-331.

 

That By-laws 2004-325 to 2004-335 be given three readings and enacted.

 

Three Readings

 

BY-LAW 2004-325    A by-law to establish an Emergency Management Program for the protection of public safety, health, the environment, the critical infrastructure and property to promote economic stability and a disaster-resilient community.
(Clause 4, Report No. 62, 2004)


 

BY-LAW 2004-326    A by-law to amend By-law 2001-1, a by-law to govern the proceedings of Council and Committees of Council (To permit the use of recording devices at meetings and to permit recorded votes at Development Services Committee meetings when consideration is being given to "Items of Delegated Authority).
(Clauses 2 & 13, Report No. 63, 2004)

 

BY-LAW 2004-327    A by-law to authorize the approval of a loan from the Town of Markham Heritage Fund to Mr. Michael Bradshaw, to undertake certain repairs to the property municipally known as 6 Aileen Lewis Court.
(Clause 1, Report No. 64, 2004)

 

BY-LAW 2004-328    A by-law to authorize the Mayor and Clerk to execute Heritage Easement Agreements with property owners of 233 Main Street, Unionville; 151 Main Street, Unionville; 31 Jerman Street, Markham; 15 Station Lane, Unionville.
(Clause 3, Report No. 64, 2004)

 

BY-LAW 2004-329    A by-law to amend Zoning By-law 177-96, as amended (Lindvest Properties (Cornell) Limited (H & R Developments), south of Highway 7 and east of Ninth Line within the Cornell Community - To update the development standards for Draft Approved Plan of Subdivision 19TM-02001).
(Clause 10, Report No. 2, 2004)

 

BY-LAW 2004-330    A by-law to amend By-law 2002-178, a by-law to appoint Municipal Law Enforcement Officers (To revise Schedule "B").

 

BY-LAW 2004-331    A by-law to designate part of a certain plan of subdivision not subject to Part Lot Control (Lots 30 and 31, Plan M-896, designated as Parts 1 to 21, Plan 65R-27586)                                                                        CARRIED
                                                               (Councillor J. Virgilio abstained)

 

BY-LAW 2004-332    A by-law to dedicate certain lands as part of the highways of the Town of Markham (Block 72, Plan 65M-3176 - The Fairways and Block 70, Plan 65M-3468 - Prospector's Drive).

 

BY-LAW 2004-333    A by-law to confirm the proceedings of the Council meeting of November 30, 2004.
(Council Meeting No. 22, 2004)


 

BY-LAW 2004-334    A by-law to designate part of a certain plan of subdivision not subject to Part Lot Control (Beaverbrook Homes, Cornell North Community, east of Ninth Line and north of the Markham By-Pass, Lots 1-3, 5-12, 24-26, 38-42, 67-68, 90-91, 108, 110-112,128-129, 134-138, 160-163, 166-169, 170-173, 176-183, 186-193, 196-206, 219-222, 234-240, 247-252, 259-263, 278-283, 292-293, 300-301 and Blocks 302 and 305-311, Plan 65M-3759)

 

BY-LAW 2004-335    A by-law to dedicate certain lands as part of the highways of the Town of Markham (Part of Blocks 2 to 6, Plan 65M-2503, designated as Parts 10 to 15, Plan 65R-19149 - Cox Boulevard)

 

CARRIED

 

 

 

10.       ADJOURNMENT

 

Moved by Councillor A. Chiu

Seconded by Councillor K. Usman

 

That the meeting do adjourn.

CARRIED

 

 

Council adjourned at 8:35 p.m.

 

 

 

 

 

 

___________________________________        ___________________________

SHEILA BIRRELL, TOWN CLERK                    DON COUSENS, MAYOR

(Signed)

 

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