2004-11-16
COUNCIL MINUTES Council Chamber, Civic Centre
Meeting
No. 21
(Canada
Room)
COMMITTEE
OF THE WHOLE
ROLL
CALL
Mayor D.
Cousens, Deputy Mayor F. Scarpitti (5:10 p.m.),
Regional Councillor J. Heath, Regional Councillor J. Jones (5:55 p.m.), Regional Councillor B. O'Donnell, Councillor S. Daurio,
Councillor E. Shapero, Councillor J. Virgilio, Councillor J. Webster (6:00 p.m.), Councillor D. Horchik, Councillor K. Usman, Councillor A. Chiu.
(12)
Regrets
Councillor G.
McKelvey.
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) Markham Stouffville Hospital Temporary
Bus Loop (5.14)
(2) Ward Boundaries (9.2)
(3) 2004 Committee/Board Appointments (16.24)
(4) Amendment
to Policy Titled “Community Services Groups Criteria for Use of Town
Facilities” (6.0)
(5) Update on the Status of Council’s
2004-2006 Strategic Priorities (16.0)
(6) “If I Had A Million Dollars” Gala Dinner
Stephen Lewis – December 2, 2004 (12.2.6)
(7) Preapproval Of 2005 Budget Items (7.4
& 7.5)
(8) Power Supply Update (13.8)
(9) C.U.P.E. Negotiations Update (11.0)
(10) Application of the C.U.P.E. Agreement to
Non-Union Staff (11.0)
(11) Property Matter (8.6)
CARRIED
The Regular Meeting
of Council was held on November 16, 2004 at 7:04 p.m. in the Council Chamber,
Civic Centre. Mayor D. Cousens presided.
(Council
Chambers)
COUNCIL
ROLL
CALL
Mayor D.
Cousens, Deputy Mayor F. Scarpitti, Regional Councillor J. Heath, Regional Councillor
J. Jones, Regional Councillor B. O'Donnell, Councillor S. Daurio, Councillor E.
Shapero, Councillor J. Virgilio, Councillor J. Webster, Councillor D. Horchik,
Councillor A. Chiu. (11)
Regrets
Councillor K.
Usman, Councillor G. McKelvey. (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. Miller,
Manager, Secretariat Services
B. Nanninga,
Executive Assistant
J. Sales,
Commissioner of Community & Fire Services
A. Taylor,
Commissioner of Corporate Services
1. DISCLOSURE OF PECUNIARY INTEREST
None declared.
2. REPORT OF THE COMMITTEE OF THE WHOLE
Moved by
Councillor A. Chiu
Seconded by
Councillor J. Webster
That Council rise from the Committee of the
Whole and the Chairman report.
CARRIED
Mayor D.
Cousens reported the following motions passed at the Committee of the Whole
meeting:
Council consented to separate Committee of
the Whole Clause 11.
(1) MARKHAM
STOUFFVILLE HOSPITAL
TEMPORARY BUS LOOP (5.14)
That the information and feedback from the
public consultation meeting and the November 4, 2004
community meeting regarding the location of a bus bay close to Markham Stouffville Hospital, be
received.
That the
report of the Town Clerk, dated November 16, 2004, be received;
And that a
session with Council be scheduled in January, 2005 in order to provide an
opportunity for a thorough discussion
And that staff
obtain some comparisons and provide some alternatives including preliminary
numbers at that time.
(3) 2004 COMMITTEE/BOARD APPOINTMENTS
(16.24)
Communities in
Bloom Committee
That the
following two (2) Members of Council be appointed to the Communities in Bloom
Committee:
Regional Councillor J. Heath
Councillor A. Chiu
Environmental
Issues Committee
That Brent
Mersey be appointed as the Markham Conservation Committee representative on the
Environmental Issues Committee.
Markham
Conservation Committee
That the
resignation of Richard Jarrell from the Markham Conservation Committee be
accepted with regret and a letter of appreciation forwarded.
Markham Race
Relations Committee
That the
resignation of Rohit Ummat from the Markham Race Relations Committee be
accepted with regret and a letter of appreciation be forwarded.
Markham
Theatre Board
That the
resignations of Helen Bowkett and Laurie Burns from the Markham Theatre Board
be accepted with regret and letters of appreciation be forwarded.
Suzie Garden
Awards Committee
That the
following be appointed to the Suzie Garden Awards Committee:
Councillor
A. Chiu term
to expire November 30, 2006
Councillor
E. Shapero term
to expire November 30, 2006
Pomona Creek
Task Force
That
appointments to the Pomona Creek Task Force be deferred until the composition
has been determined.
TLC Daycare
Committee
That the
following be appointed to the TLC Daycare Committee:
Courtney Chang for a term to expire March 31,
2005
Leslie Donaldson for a term to expire March 31,
2005
Alene Swan for
a term to expire March 31, 2005
Chiling Lai for
a term to expire March 31, 2005
Helen Soehner for
a term to expire March 31, 2005
Michelle Alley for a term to expire March
31, 2005
Diana Allan for
a term to expire March 31, 2005
Christine Pilla for a term to expire March
31, 2005
Shawna Sheldon for a term to expire March 31,
2005
Michelle Rich for
a term to expire March 31, 2005
Councillor E. Shapero Nov. 30, 2006
Mary Nathan, Director On-going
Traffic
Safety Committee
That
the following be appointed to the Traffic Safety Committee:
Robert Baird for
a term to expire December 31, 2005
York
Regional Police & Police Services Board Special Constable Review Committee
That
the following be appointed to the York Regional Police & Police Services
Board Special Constable Review Committee:
Lisa Valentini, Assistant Town Solicitor
Bill Wiles, Manager, Enforcement and Licensing
(4) AMENDMENT TO POLICY TITLED
“COMMUNITY SERVICES GROUPS
CRITERIA
FOR USE OF TOWN FACILITIES”
(6.0)
This report
was withdrawn and will be submitted for consideration at the November 30, 2004
Committee of the Whole meeting.
(5) UPDATE ON THE STATUS OF COUNCIL’S
2004-2006 STRATEGIC PRIORITIES
(16.0) Report
That the report on the status of the Town of
Markham Council’s Strategic Priorities for the 2004 – 2006 Term be
received for information;
And that the matter of pathways be referred
to staff to carefully evaluate the areas of winter maintenance and connectivity
to transit.
(6) “IF
I HAD A MILLION DOLLARS” GALA DINNER
STEPHEN LEWIS – DECEMBER 2, 2004
(12.2.6)
That Council
purchase a table of ten (10) at a total price of $1500.00 to the “If I Had a
Million Dollars” Stephen Lewis Gala Dinner at Le Parc on December 2, 2004.
(7) PREAPPROVAL
OF 2005 BUDGET ITEMS (7.4 & 7.5) Budget
That the Capital
Projects requiring Pre-Budget Approval, as presented at the Budget
Sub-Committee meeting held on November 15, 2004 and as attached be approved in
advance of the 2005 Budget.
(8) POWER SUPPLY UPDATE (13.8)
That
the presentation by James Small, Consultant, Canadian Urban Institute, briefing
Committee on a Provincial RFP to secure additional power supply be received.
(9) C.U.P.E.
NEGOTIATIONS UPDATE (11.0)
That the
verbal update by Ms. S. Laing, Acting Director, Human Resources, providing an
update on C.U.P.E. negotiations be received;
And that
Council approve the Memorandum of Settlement, dated October 20, 2004.
(10) APPLICATION OF THE C.U.P.E.
AGREEMENT TO NON-UNION STAFF
(11.0)
That
the tabled report and information regarding the application of the C.U.P.E.
Agreement to non-union Town of Markham staff be received;
And
that the wage increases and benefit improvements agreed to in the October
20, 2004, Memorandum
of Settlement between CUPE and the Corporation be extended to all non-union
staff and members of Council;
And
that these wage increases amount to 3.5% in each of 3 years, effective April 1,
2004; April 1, 2005; and April 1, 2006;
And
that funding for the impact of the 3.5% increase, above the amount provided for
in the 2004 budget, in the estimated amount of $125,000, will be offset by
favourable variances in the operating budget by year-end;
And
that the funding for the 2005 and 2006 wage increases be reflected as part of
those years' operating budgets;
And
that the benefit improvements be equivalent to coverage for the items de-listed
from OHIP in the last provincial budget.
(11) PROPERTY MATTER (8.6)
That
the report regarding a property matter, dated November 16, 2004 be received;
And that it be referred back to staff
for discussions with the Rouge Park Alliance and the Toronto and Region
Conservation Authority as to the significance of the subject property being on
their priority list and the possibility of obtaining funding partners for the
acquisition.
CARRIED AS AMENDED
(See following motion to amend)
(See following recorded vote)
Moved
by Deputy Mayor F. Scarpitti
Seconded
by Councillor E. Shapero
That
Committee of the Whole Item 11 be amended to add the following paragraph:
“And that it be referred back to staff
for discussions with the Rouge Park Alliance and the Toronto and Region
Conservation Authority as to the significance of the subject property being on
their priority list and the possibility of obtaining funding partners for the
acquisition.”
CARRIED
(See following recorded vote) (6:5)
YEAS: Deputy
Mayor F. Scarpitti, Regional Councillor J. Heath, Regional Councillor J. Jones,
Councillor E. Shapero, Councillor J. Webster, Councillor A. Chiu. (6)
NAYS: Mayor
D. Cousens, Regional Councillor B. O'Donnell, Councillor S. Daurio, Councillor
J. Virgilio, Councillor D. Horchik. (5)
ABSENT: Councillor
G. McKelvey, Councillor K. Usman. (2)
Moved by Councillor A. Chiu
Seconded by Councillor S. Daurio
That the Report of the Committee of the Whole
be adopted, approved and confirmed.
CARRIED
3. MINUTES
(1) COUNCIL
MINUTES
- OCTOBER 26, 2004
Moved by
Regional Councillor J. Heath
Seconded by Councillor
J. Webster
That the
Minutes of the Council Meeting held on October 26, 2004, be adopted.
CARRIED
4. PRESENTATIONS
(1) 2004
MAYOR'S SENIORS’
HALL OF FAME AWARDS (12.2.6)
Mayor Cousens presented the 2004 Mayor's
Seniors' Hall of Fame Awards. The
Seniors’ Hall of Fame Award is presented to a nominee over 60 years of age who
has made a unique and outstanding contribution to the Markham Community. The Meritorious Award and Certificate of
Appreciation are awarded to nominees for their unique or outstanding
achievements.
Warren Carroll, Committee Chair, thanked Councillor S. Daurio and Barbara Nanninga for their efforts on this
project and announced the winners:
Certificate
of Appreciation
Louisa Dart
Margaret Amos
Margaret Jones
Gladys Keeble
Meritorious
Award
Olive Graham
Hall
of Fame Award
Donald Miller
Tony Murphy
(2) LIVING
WITH CHARACTER CONTEST RECOGNITION (12.2.6)
This
presentation was withdrawn at this time.
Ms. Ware was nominated by her peers for the contest which was sponsored
by the York Region Newspaper Group, Character Community Council and Roger
Cable. The contest honours an individual
who has demonstrated strong character attributes such as respect, courage,
responsibility, inclusiveness, honesty, fairness, integrity, optimism,
compassion, perseverance and initiative.
5(a) REPORT NO. 57 - ECONOMIC DEVELOPMENT
COMMITTEE
Council
consented to separate Clause (1).
Moved by Councillor
J. Virgilio
Seconded by
Councillor A. Chiu
That Report No
57 - Economic Development Committee be received and adopted.
October 25, 2004
(1) 2005
GREATER TORONTO MARKETING ALLIANCE
MISSION TO INDIA (10.16) Report
1
That
the report entitled “2005 Greater Toronto Marketing Alliance (GTMA) Mission to
India” be received;
And
that pre-budget approval be given to Councillor K. Usman and the Economic
Development Director to represent Markham as part of a Greater Toronto Area business
delegation at a cost not to exceed $12,900 to be funded as follows: $11,900
from within the 2005 base budget Business Travel account #610-9985201 and
$1,000 from within the 2005 base budget Business Development account
#610-9985808;
And
that the possibility of the Mission being
extended by three (3) days to visit Pakistan
including Councillor Usman, the Economic Development Director and interested
members of the business community be referred to the Economic Development
Committee.
"And that the possibility of the Mission being
extended by three (3) days to visit Pakistan
including Councillor Usman, the Economic Development Director and interested
members of the business community be referred to the Economic Development
Committee."
CARRIED
(2) TORONTO REGION RESEARCH ALLIANCE
(10.16) Report
That
the report entitled “Toronto Region Research Alliance” (TRRA) be received;
And
that Mr. D. Pecaut, of the TRRA, be thanked for his presentation to the October
25, 2004 Economic Development Committee;
And
that Markham Council endorse the establishment of the TRRA in principle;
And
further that staff bring forward a capital funding request to be considered as
part of the 2005 Capital Budget in support of the Town of Markham taking part
in the proposed TRRA.
(3) OTHER COMMITTEE PROCEEDINGS
- MINUTES OF ECONOMIC
DEVELOPMENT
COMMITTEE MEETING – OCTOBER
25, 2004 (16.0)
CARRIED
5(b) REPORT NO. 58 - TRANSPORTATION COMMITTEE
Moved by
Councillor A. Chiu
Seconded by
Councillor J. Virgilio
That Report
No. 58 - Transportation Committee be received and adopted.
October 25, 2004
(1) HILLMOUNT
ROAD AND MOSS CREEK BOULEVARD -
ALL-WAY STOP CONTROL
(5.12.3) Report Map By-law
That
Schedule 12 of By-law 106-71, the Traffic By-law, for an all-way stop control
be amended to include the intersection of Hillmount Road
and Moss Creek Boulevard and that the attached amending by-law be approved;
And
that the Operations Department be directed to install all-way stop signs at the
intersection of Hillmount
Road and Moss Creek Boulevard as soon as the amending by-law is approved;
And
that York Regional Police be requested to enforce the all-way stop control upon
installation of these signs.
(By-law
2004-307)
(2) BUR OAK AVENUE AND ALFRED PATERSON DRIVE -
ADULT SCHOOL CROSSING GUARD SERVICE AT
GREENSBOROUGH PUBLIC SCHOOL (3.16) Report Map
That
the staff report entitled “Bur Oak Avenue and Alfred Paterson Drive Adult
School Crossing Guard Service at Greensborough Public School,” be approved;
And
that the Engineering Department be authorized to establish an adult school
crossing guard service at the intersection of Bur Oak Avenue and Alfred
Paterson Drive at Greensborough Public School at a cost of $5,880 exclusive of
GST;
And
that funding in the amount of $1,000 for the cost of the additional adult
school crossing guard service for the remainder of the 2004 school year be
charged to the existing 2004 operating budget, account #640 998 5642;
And
that the Operations and Asset Management Department be directed to install
school crossing signs and crosswalk pavement markings at the intersection of
Bur Oak Avenue and Alfred Paterson Drive at Greensborough Public School, upon
approval.
(3) ELGIN STREET AND DUDLEY AVENUE -
ADULT SCHOOL CROSSING GUARD SERVICE (3.16) Report Map
That
the staff report entitled “Elgin Street and Dudley Avenue – Adult School
Crossing Guard Service,” be approved;
And
that the Engineering Department be authorized to establish an adult school
crossing guard service at the intersection of Elgin Street
and Dudley Avenue at a cost of $5,880.00 per year, exclusive of GST;
And
that funding in the amount of $1,000.00 for the cost of the additional adult
school crossing guard service be charged to the existing 2004 operating budget,
account #640 998 5642;
And
that the Operations and Asset Management Department be directed to install
school crossing signs and crosswalk pavement markings at the intersection of
Elgin Street and Dudley Avenue.
(4) EMPLOYER
SPONSORED TRANSIT FARE DISCOUNT
PILOT PROGRAM (5.14) Report
That
beginning in November 2004, the Town of Markham implement a one year pilot
program offering Town staff a 50% discount on York Region Transit adult fare
media;
And
that funding for the transit investment pilot project be from the Engineering
Department’s 2004 – Capital Project Account, #083 5399 4748 005;
And
that staff report back to Committee as to the results of the pilot project to
determine the continued utilization of the employee transit fare discount
program.
(5) CITY
OF KITCHENER
TRAFFIC CALMING MEASURES
(5.12)
That the
letter from the City of Kitchener, dated September 24, 2004, requesting the
Minister of Transportation to remove the requirement for Environmental
Assessments for the implementation of traffic calming measures be endorsed and that the Town Clerk be
directed to send a similar letter to the Ministers of the Environment, and
Transportation.
(6) OTHER COMMITTEE PROCEEDINGS
- MINUTES OF TRANSPORTATION
COMMITTEE MEETING – OCTOBER
25, 2004 (16.0)
5(c) REPORT NO. 59 - FINANCE &
ADMINISTRATIVE COMMITTEE
Council consented
to separate Clauses (1) and (6).
Moved by
Councillor S. Daurio
Seconded by
Councillor D. Horchik
That Report
No. 59 - Finance & Administrative Committee be received and adopted.
November 8, 2004
(1) 2005
WATER/WASTEWATER RATES (5.3 & 5.5) Presentation
That the proposal to increase the Town's
water rate by 6.7%, effective January 1, 2005 be presented to the November 30, 2004 Public Meeting.
CARRIED
(2) PROPERTY
STANDARDS BY-LAW (2.9) Report B/L
That
a by-law be presented to amend By-Law 248-1999, the Property Standards By-Law,
as amended, to provide for a composition of five (5) and a quorum of three (3);
And
that the Terms of Reference of the Property Standards Committee be amended
accordingly.
(By-law
2004-308)
(3) BLANKET
PURCHASE ORDER EXTENSION
B3-00054 D. CRUPI & SONS LTD. (7.12.2) Report
That
the report entitled "Blanket Purchase Order Extension - B3-00054 D. Crupi
& Sons Ltd." be received;
And
that Blanket Purchase Order B3-00054, for Tender 057-T-03 Asphalt Maintenance
be increased an additional $73,000.00 to accommodate anticipated expenditures
for asphalt maintenance service for the remainder of the 2004 season;
And
that the funding available in the various Capital Accounts identified under the
"Financial Considerations' section of this report be utilized to cover the
cost of additional asphalt works;
And
that the Director of Operations and Asset Management and the Director of
Finance & Client Services be authorized to extend the contract for an
additional one year term (2005), subject to budget approval, Contractor's
agreement to hold prices to 2003 rates, and satisfactory performance;
And
that the Director of Operations and Asset Management, and the Director of
Finance & Client Services be authorized to establish a new blanket purchase
order limit for the 2005 season, based on the 2005 approved budget for asphalt
maintenance.
(4) STATUS OF CAPITAL PROJECTS AS
OF AUGUST 31, 2004 (7.5) Report ExhE
That
the report entitled "Status of Capital Projects as of August 31,
2004" be received;
And
that projects listed in Exhibit B, as attached to the original Council Minutes
in the Clerk's Office, entitled "Summary of Open Capital Projects 100% (or
Greater) Encumbered at August 31, 2004" be closed upon payment of final
invoices and any outstanding amount returned to/from the original source(s) of
funding;
And
that $1,120,105.53 from closed capital projects be transferred to the sources
of funding as listed on Exhibit C, as attached to the original Council Minutes
in the Clerk's Office, entitled "Summary of Closed Capital Projects by
Account at August 31, 2004";
And
that the Sections 3.0 & 4.3 of Capital Budget Control Policy be amended, in
Exhibit E, as attached to the original Council Minutes in the Clerk's Office,
so that remaining funding in completed tax funded projects be transferred to a
corporate-wide contingency capital project to a maximum of $250,000, the use of
which will be governed by the Expenditure Control Policy.
(5) COMMUNITIES
IN BLOOM (3.0 & 6.0) Report AppA AppB
That
this report provide an update to Committee and Council on the Communities in
Bloom public meeting held on August 25, 2004;
And
that the Town of Markham establish a Communities in Bloom volunteer committee
consisting of two members of Council and nine (9) community members to provide
leadership for the Town of Markham 2005 Communities in Bloom project;
And
that the Communities in Bloom Committee work with the Communities in Bloom
Program Manager to implement the 2005 effort;
And
that the terms of reference for Communities in Bloom Committee be adopted as
outlined in Appendix A, attached to the original Council Minutes in the Clerk's
Office;
And
that the 2005 operating budget include discussion for funding the 2005
Communities in Bloom as outlined in the Communities in Bloom report received by
Council on June 8, 2004;
And further that staff be directed to poll
Members of Council to determine their interest in serving on the Communities in
Bloom Committee, and appointments be made at the November 16, 2004 Council
Meeting.
(6) HOLISTIC PRACTITIONERS BY-LAW (2.0) Report B/L Minutes
That the deputation of Ms. Helen Kuttner, member of the Therapeutic
Touch Network of Ontario, regarding the proposed Holistic Practitioners By-law,
be received.
And
that the report entitled "Holistic Practitioners By-Law" be received;
And
that a by-law, under Section 157 of the Municipal Act, 2001 be enacted, to
require individuals providing holistic services within the Town to be
registered in a registry;
And
that By-law 2002-276 "Fees & Charges" be amended to incorporate a
fee for the registration of Holistic Practitioners.
(By-laws
2004-309 and 2004-310)
CARRIED
(See following motion to defer which was
Lost)
Moved by Deputy Mayor F. Scarpitti
Seconded by Councillor A. Chiu
That the matter of registering holistic practitioners
within the Town be deferred to the November 30, 2004 Council meeting in order to
allow time for the Town Clerk to meet with members of the public in attendance
at this meeting.
LOST
(7) SWIMMING POOL ENCLOSURE BY-LAW
AMENDMENT - 8 HESTER CT. (2.15)
Report
That By-Law 59-75 "Swimming Pool
Enclosures" be amended, as follows:
1.
Notwithstanding Section 2 (g) of this By-Law, the pool enclosure located along
the north-west property line on Lot 23 of Registered Plan M-1345 (municipally
known as 8 Hester Court) may be erected less than four (4) feet from the edge
of water contained in the pool subject to the following conditions:
1. A barrier is
maintained to the satisfaction of the Town
2. Enclosure is
maintained at a minimum height of 6 feet and is maintained to the satisfaction
of the Town
3. Enclosure to comply
with all other provisions of the by-law
4. A permit is obtained
in accordance with Section 7 of the by-law
2. This
by-law shall remain in force and effect for only as long as the subject pool
existing on the property on the date of passing of this by-law remains.
And further
that approval be subject to entering into an agreement, in a form satisfactory
to the Town Solicitor, saving the Town harmless from liability.
(By-law
2004-311)
(8) SHOPSY'S
REQUEST FOR PROCLAMATION AND
REQUEST FOR CHOICE OF CHARITABLE
ORGANIZATION (3.4 & 12.2.6)
That the letter dated October 22, 2004 from
Gino Empry, on behalf of David Cohn, President of Shopsy's, requesting that
Markham proclaim December 6, 2004 as "Shopsy's Day in Markham", for
the grand opening of their new store at 7240 Woodbine Avenue, and also
requesting that Council name a charity to which proceeds of the day would be
sent, be received;
And that the date of December 6, 2004 be proclaimed as "Shopsy's Day in Markham";
And that Shopsy's be advised that the Town of
Markham wishes all proceeds of "Shopsy's Day in Markham" to go to the Unionville
Home Society.
(9) OTHER COMMITTEE PROCEEDINGS
- MINUTES OF FINANCE &
ADMINISTRATIVE
COMMITTEE MEETING – NOVEMBER
8, 2004 (16.0)
CARRIED
5(d) REPORT NO. 60 - DEVELOPMENT SERVICES
COMMITTEE
Council consented to separate Clause (1)
Moved by
Seconded by
That Report No. 60 - Development Services Committee be received and
adopted.
November 9, 2004
(1) POMONA CREEK IMPLEMENTATION PLAN
TASK FORCE MEMBERSHIP (10.8,
5.7)
Council consented to a division on the
question.
That
the staff presentation regarding membership of the Task Force for the Pomona
Creek Implementation Plan, be received;
And
that the Task Force composition be approved as follows:
-
Markham Councillors:
Councillor Stan Daurio
Regional Councillor Bill O’Donnell
-
Resident/Business representatives:
Mr.
Tom Gove
Mr.
Sam Masson
-
Toronto Ladies Golf Course:
Ms. Sheilah Reid
-
Shouldice Hospital
Dr. E. B. Shouldice
-
Toronto and Region Conservation Authority (TRCA):
Sameer Dhala
-
Glynwood:
Ms. Marilyn Ypes
-
The Don Watershed Regeneration Council:
Ms. Deborah Martin-Downs.
CARRIED AS AMENDED
(See following motions to amend)
(See following recorded vote)
(11:0)
Moved by
Councillor D. Horchik
Seconded by
Regional Councillor J. Jones
That Clause (1), Report No. 60 be amended to
delete the name of Ms. Joan King as the representative of the Toronto Ladies
Golf Course and replace it with the name of Ms. Sheila Reid.
CARRIED
YEAS: Mayor
D. Cousens, Deputy Mayor F. Scarpitti, Regional Councillor J. Heath, Regional
Councillor J. Jones, Regional Councillor B. O'Donnell, Councillor S. Daurio,
Councillor E. Shapero, Councillor J. Virgilio, Councillor J. Webster,
Councillor D. Horchik, Councillor A. Chiu. (11)
ABSENT: Councillor
G. McKelvey, Councillor K. Usman. (2)
- Markham
Conservation Committee or Pomona Mills Conservation Committee – one member to
be determined whose participation will commence when negotiations are complete
and prior to public consultation.
CARRIED
(See following motions to amend)
(See following recorded votes)
(See following motion to defer which was
Lost)
(See following motion to amend which was
Lost)
Moved by
Councillor S. Daurio
Seconded by
Regional Councillor B. O’Donnell
That Clause (1), Report No. 60 be
amended to delete the last paragraph in its entirety and the following be added
therefor:
"- Markham Conservation Committee or Pomona Mills Conservation
Committee – one member to be determined whose participation will commence when
negotiations are complete and prior to public consultation."
CARRIED
(See following recorded vote)
(7:4)
YEAS: Mayor
D. Cousens, Regional Councillor B. O'Donnell, Councillor S. Daurio, Councillor
J. Virgilio, Councillor J. Webster, Councillor D. Horchik, Councillor A. Chiu.
(7)
NAYS: Deputy
Mayor F. Scarpitti, Regional Councillor J. Heath, Regional Councillor J. Jones,
Councillor E. Shapero. (4)
ABSENT: Councillor
G. McKelvey, Councillor K. Usman. (2)
Moved by Regional Councillor J. Heath
Seconded by Councillor E. Shapero
That the last paragraph of Clause (1), Report
No. 60 be deferred and referred to Committee of the Whole for further
discussion.
LOST
Moved by Councillor E. Shapero
Seconded by Deputy Mayor F. Scarpitti
That the last paragraph of Clause (1), Report
No. 60 be deleted in its entirety and the following be substituted therefore:
"- Markham Conservation Committee or Pomona Mills Conservation
Committee – one member to be appointed to the Pomona Creek Implementation Plan
Task Force from its inception."
LOST
(See
following recorded vote) (4:7)
YEAS: Deputy
Mayor F. Scarpitti, Regional Councillor J. Heath, Regional Councillor J. Jones,
Councillor E. Shapero. (4)
NAYS: Mayor
D. Cousens, Regional Councillor B. O'Donnell, Councillor S. Daurio, Councillor
J. Virgilio, Councillor J. Webster, Councillor D. Horchik, Councillor A. Chiu.
(7)
ABSENT: Councillor
G. McKelvey, Councillor K. Usman. (2)
(2) DATA USE LICENCE AGREEMENT WITH
THE PROVINCE OF ONTARIO (8.2,
13.2) Report
That Council
authorize the Town Solicitor to finalize a data use licence agreement with the
Province of Ontario to the Town Solicitor’s satisfaction.
And that
Council authorize the Mayor and Clerk to enter into a data use licence
agreement with the Province of Ontario to provide them with Town digital
mapping for the Places to Grow Growth Plan for the Greater Golden Horseshoe.
(3) HERITAGE CONSERVATION EASEMENT POLICY
(8.1, 16.11) Report
That the staff
report entitled “Heritage Conservation Easement Policy”, dated November 9,
2004, be received and endorsed;
And that the
Heritage Conservation Easement Policy attached as Appendix “A” to the original
Council minutes in the Clerk’s Department, be approved;
And that the
Heritage Conservation Easement Policy be used as a policy guideline by staff
when commenting on applications involving heritage buildings in the Town of Markham.
(4) DEEMING BY-LAW, FRANK AND FELICETTA
MARCIANO
30 WALES AVENUE, LOT 34 AND
PART LOT 36, PLAN 1318
BUILDING CODE ACT REQUIREMENTS
(10.6) Report
That Council
enact a by-law to deem Lot 34, and the south Part of Lot 36, Plan 1318, Town of
Markham, not to be a registered plan of subdivision, and that staff take
appropriate action as required under Section 50 of the Planning Act.
(By-law
2004-312)
(5) 1530633 ONTARIO INC., 38 BUTTONFIELD
ROAD
ZONING AMENDMENT TO PERMIT A
COMMERCIAL FITNESS
CENTRE AND BAKERY (ZA 04
024173) (10.5)
And that the Development Services Commission
staff report dated October 5, 2004 entitled "Preliminary Report: 1530633
Ontario Inc. for 38 Buttonfield Road; Application for zoning amendment to add a
commercial fitness centre to the list of permitted uses - Plan 65M2522, Block
167 (ZA 04 024173)" be received;
And that the Record of the Public Meeting
held on November 9, 2004. with respect to the proposed amendment to By-law
118-97 as amended, be received;
And that the
application by 1530633 Ontario Inc. to amend By-law 118-97 be approved;
And further
that that proposed amendment to By-law 118-97 be enacted without further
notice.
(6) OTHER COMMITTEE PROCEEDINGS
- MINUTES OF DEVELOPMENT
SERVICES
COMMITTEE MEETING – NOVEMBER
9, 2004 (16.0)
CARRIED
6. MOTIONS
Council
consented to add Motion (1).
(1) MEMORIAL
TRIBUTE (12.2.6)
Moved by
Deputy Mayor F. Scarpitti
Seconded by
Councillor J. Webster
That sincere
condolence be extended to the family of Josephine Wannop for their loss in her
recent passing. Ms. Wannop was former
President of the Markham Clothing Centre
and was well known for her volunteer work with the Veterans Association
and St. Patrick’s Church and for her other community involvement.
CARRIED
(2/3rd vote to consider was
required and obtained)
7. COMMUNICATIONS
Council
consented to add Communications 161-2004 and 162-2004 and to separate
Communications 157-2004 and 161-2004.
Moved by
Councillor A. Chiu
Seconded by
Councillor J. Webster
That Council
receive and consent to the disposition of communications in the following
manner:
Received
151-2004 Rotary
AIDS Development - Action & Resources Committee (RADAR) - Forwarding an
invitation for the Canadian Film Premier event of an AIDS documentary entitled
"A Closer Walk" being held on November 24, 2004 at 7:00 p.m. at the
Manulife Centre/Varsity Cinemas in Toronto. (12.2.6)
152-2004 Canadian
Hand Emulation Research Organization (HERO) - Forwarding information regarding
their organization and requesting financial support from individuals,
corporations and foundations in order to achieve their fundraising goals for
2005. (12.2.6)
153-2004 The
Regional Municipality of York - Forwarding information and requesting support
regarding the benefit of submitting a joint request to Bell Canada for the
expansion of local dialling in York Region and throughout the Greater Toronto
Area. (13.4)
154-2004 Minister
of Municipal Affairs and Housing - Forwarding information and requesting
assistance in bringing forward the names of eligible Councillors for the Long
Standing Service Recognition of Municipal Politicians Program. (13.2.5)
Referred to all Members of Council
155-2004 Liquor
Licence Application - Request to complete the Alcohol and Gaming Commission
Municipal Information Form for Icook BBQ Seafood Restaurant, 7030 Warden
Avenue, Unit D3. (indoor) (3.21)
156-2004 Liquor
Licence Application - Request to complete the Alcohol and Gaming Commission
Municipal Information Form for Kamal's Bombay Chowpatty Restaurant, 7200
Markham Road, Unit 10. (indoor) (3.21)
162-2004 Unionville
BIA - Forwarding a request to close the following roads to facilitate the Olde
Tyme Christmas being held on December 3, 2004:
- Main Street Unionville closed north of the Planing Mill Driveway to south of
Library Lane (5:30 p.m. to 7:30 p.m.) and north of the driveway to the Planing
Mill north to Carlton Road (5:30 p.m. to 11:00 p.m.)
- Carlton Road closed west of Concession
Road east to the first driveway at the Curling Club (5:30 p.m. to 7:30 p.m.)
- Fred Varley east from Main Street to
west of Lennox Lane (5:30 p.m.
to 11:00 p.m.) (3.5)
(By-law 2004-322)
Referred to Commissioner of
Community & Development Services, and Town Solicitor
157-2004 The
Regional Municipality of York - Forwarding information regarding the proposed Regional Forest Conservation By-law and requesting that
local municipalities consider passing resolutions to delegate authority to the
Region to make the by-law applicable to woodlots from 0.2 hectares to 1 hectare
in size. (13.4)
Moved by Councillor E. Shapero
Seconded by Deputy Mayor F. Scarpitti
That the communication from the Regional Municipality of York forwarding
information regarding the proposed Regional Forest Conservation By-law also be
referred to the Commissioner of Development Services and the Town Solicitor.
CARRIED
Referred to Commissioner of Community
Services
161-2004 John
McCallum, MP, Markham-Unionville - Forwarding an invitation to the Town of
Markham regarding his Holiday Food Drive taking place at the Milliken Mills
Community Centre on November 28, 2004 from 2:00 p.m. to 5:00 p.m. with all
proceeds to be forwarded to the Markham Food Bank and requesting approval of
the following:
- post the event on the Town of Markham
Website
- erect event posters at the Town of
Markham Offices
- use the Markham Civic Centre as a drop
location for food donation collection until mid-December. (12.2.6)
Moved by Deputy Mayor F. Scarpitti
Seconded by Councillor E. Shapero
That the communications from John McCallum, MP, Markham-Unionville, regarding
his 2004 Holiday
Food Drive be referred to
staff to contact Mr. McCallum’s office to determine what assistance Town staff
could provide.
CARRIED
Referred to Commissioners of
Community & Development Services
158-2004 The
Regional Municipality of York - Forwarding information regarding the proposed Regional Road Assumption Criteria with a request for review
and comments by December 17, 2004 from local municipalities. (13.4)
Referred
to Commissioner of Development Services & Town Solicitor
159-2004 Ontario
Municipal Board - Advising of the following information:
- The appeals submitted by Merle
Highcock, John Greening, Caroline LeBulloch, Eric Lebullock & Marina
Pilkington for the applications submitted by Box Grove Hill Developments Inc.
& Box Grove North (By-laws 2004-145 and 2004-146), Animate Construction
Limited (By-laws 2004-147, 2004-148 & 2004-149) and Balgreen Holdings Inc.
& Winter Garden Estates (By-laws 2004-150 & 2004-151) have been
withdrawn.
- The Board will proceed to process the
appeals submitted by Minto Homes for the application submitted by Animate
Construction Limited (Draft Plan of Subdivision).
- The Board will proceed to process the
appeals submitted by M. Midget Inc. for the applications submitted by Box Grove
Hill Developments Inc. & Box Grove North (By-laws 2004-145 and 2004-146),
Animate Construction Limited (By-laws 2004-147, 2004-148 & 2004-149) and
Balgreen Holdings Inc. & Winter Garden Estates (By-laws 2004-150 &
2004-151). (10.5 & 13.13)
160-2004 Michael
Melling, Davies Howe Partners Lawyers - Forwarding a circulation regarding the
Appointment of Hearing (Monday, January 17, 2005 at 10:30 A.M.) for the
applications submitted by Avant Investments Inc. for the lands composed of
3856, 3864 and 3872 Highway 7, as directed by the Ontario Municipal Board.
(13.13 & 10.3)
CARRIED
8. 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:
- Restorative
Justice Week - November 14 to 21, 2004
- YMCA World
Peace Week - November 20 to 27, 2004
CARRIED
9. BY-LAWS
Council
consented to add By-laws 2004-322 to 2004-324.
Moved by
Councillor A. Chiu
Seconded by
Councillor J. Virgilio
That By-laws
2004-307 to 2004-324 be given three readings and enacted.
Three Readings
BY-LAW 2004-307 A by-law to amend Traffic By-law 106-71 (all-way stop signs at
the intersection of Hillmount Road
and Moss Creek Boulevard).
(Clause 1, Report No. 58, 2004)
BY-LAW 2004-308 A by-law to amend Property Standards By-law 248-1999 (to provide
for a composition of five (5) and a quorum of three (3)).
(Clause 2, Report No. 59, 2004)
BY-LAW 2004-309 A by-law to register Holistic Practitioners.
(Clause 6, Report No. 59, 2004)
BY-LAW 2004-310 A by-law to amend Fee By-law 2002-276 (to incorporate a fee for
the registration of Holistic Practitioners).
(Clause 6, Report No. 59, 2004)
BY-LAW 2004-311 A by-law to amend Swimming Pool Enclosures By-law 59-75 (to
provide a site-specific amendment for the minimum distance require between the
edge of the water contained in a pool and the pool enclosure at 8 Hester Court).
(Clause 7, Report No. 59, 2004)
BY-LAW 2004-312 A by-law to deem certain lands not to be a registered plan of
subdivision for the purposes of Subsection 50(3) of the Planning Act (Frank and
Felicetta Marciano, 30 Wales Avenue, Lot 34 and Part Lot 36, Plan 1318).
(Clause 4, Report No. 60, 2004)
BY-LAW 2004-313 A by-law to amend Zoning By-law 304-87, as amended (Larkin
Monarch Partnership, Phase 5A and 5B, north of 16th Avenue, between
Kennedy Road and McCowan Road - To delete the subject lands from By-law 304-87,
as amended, so that it may be incorporated into By-law 177-96, as amended, to
permit the development of a draft plan of subdivision).
(Clause 9, Report No. 68, 2003)
BY-LAW 2004-314 A by-law to amend Zoning By-law 177-96, as amended (Larkin
Monarch Partnership, Phase 5A and 5B, north of 16th Avenue, between Kennedy
Road and McCowan Road -
To permit the development of a draft plan of subdivision).
(Clause 9, Report No. 68, 2003)
BY-LAW 2004-315 A by-law to designate part of a certain plan of subdivision not
subject to Part Lot Control (Best Homes (previously 204 Helen Avenue), Lot 1,
Plan 65M-3680, South Unionville District, north side of Helen Avenue, south of
South Unionville Avenue and west of Harry Cook Drive).
BY-LAW 2004-316 A by-law to designate part of a certain plan of subdivision not
subject to Part Lot Control (Woodbine Mackenzie Developments Ltd., Lots 29 to
33, 37 to 75, Lot 77 and Blocks 88 to 101, Plan 65M-3763, north east corner of
Major Mackenzie Drive and Woodbine Avenue).
BY-LAW 2004-317 A by-law to dedicate certain lands as part of the highways of the
Town of Markham (Road Allowance between Lots 25 and 26, Concession 5 and Part
of East Half Lot 25, Concession 5 and Part of Lot 26, Concession 5 and Part of
Lot 26, Concession 5, being Part 2, Plan 65R-16410 - Elgin Mills Road East).
BY-LAW 2004-318 A by-law to dedicate certain lands as part of the highways of the
Town of Markham (Part of Block 183, Plan 65M-3178, designated as Parts 1 and 2,
Plan 65R-27338 - Valentina Drive; Part of Block 182, Plan 65M-3178, designated
as Part 4, Plan 65R-27338 - Castan Avenue; Part of Block 182, Plan 65M-3178,
designated as Part 6, Plan 65R-27338 - Lane; Part of Lot 9, Concession 6,
designated as Part 3, Plan 65R-19570 - Lane; Part of Lot 9, Concession 6,
designated as Part 5, Plan 65R-26772 - Lane).
BY-LAW 2004-319 A by-law to dedicate certain lands as part of the highways of the
Town of Markham (Block 14, Plan 65M-2503 - Cox Boulevard).
BY-LAW 2004-320 A by-law to amend By-law 2002-94, as amended, being a By-law to
prohibit and regulate signs and other advertising devices and the posting of
notices on buildings or vacant lots within the Town of Markham (Hoarding
Signs).
(Clause 6, Report No. 50, 2004)
BY-LAW 2004-321 A by-law to confirm the proceedings of the Council meeting of November 16, 2004.
(Council Meeting No. 21, 2004)
BY-LAW 2004-322 A by-law to authorize the temporary closing of various roads in
Main Street Unionville on December 3, 2004
(Olde Tyme Christmas).
(Communication No. 162-2004)
BY-LAW 2004-323 A by-law to amend Zoning By-law 122-72, as amended (Southeast
corner of Highway 7 and Swansea Road, Markham and Unionville Planning District,
Block 128, 65M-2520 - To remove Hold (H) provision).
BY-LAW 2004-324 A by-law to designate part of a certain plan of subdivision not
subject to Part Lot Control (Best Homes, South
Unionville District, north side of Helen Avenue, south
of South Unionville Avenue and west of Harry Cook Drive, Lots 3 and 4, Plan
65M-3687, designated as Parts 1 to 4, Plan 65R-26433; and Block 9, Plan
65M-3687, designated as Part 5, Plan 65R-26433).
CARRIED
10. ADJOURNMENT
Moved by Councillor
A. Chiu
Seconded by Regional
Councillor J. Jones
That the
meeting do adjourn.
CARRIED
Council
adjourned at 8:35 p.m.
___________________________________ ___________________________
SHEILA
BIRRELL, TOWN CLERK DON
COUSENS, MAYOR
(Signed)