2004-4-13
COUNCIL MINUTES Council Chamber, Civic
Centre
Meeting No. 9
(Canada Room)
COMMITTEE OF THE WHOLE
ROLL CALL
Regional Councillor J. Heath, Regional
Councillor J. Jones, Regional Councillor B. O'Donnell, Councillor S. Daurio,
Councillor E. Shapero (5:10 p.m.), Councillor J. Virgilio, Councillor G.
McKelvey, Councillor J. Webster, Councillor D. Horchik, Councillor K. Usman,
Councillor A. Chiu. (11)
Regrets
Mayor D. Cousens, Deputy Mayor F.
Scarpitti. (2)
Moved by Councillor A. Chiu
Seconded by Regional Councillor J. Jones
That Council resolve itself into the
Committee of the Whole to discuss the following:
(1) Appointment of a
Chair (16.24)
(2) Hydro One - Request
for Noise By-Law Exemption (2.10)
(3) 2004 Advisory
Committee/Board Appointments (16.24)
(4) GST Exemption for
the Town Of Markham (7.3)
(5) 2002/2003 Traffic
Calming Tender Award Contract 017-T-04 (7.12.1 & 5.12)
(6) Toronto & Region
Conservation Request for Funding for Continuation of Markham Urban Backyard
Naturalization Program (5.7 & 7.6)
(7) Council's Strategic
Priorities - 2004 to 2006 (16.0)
(8) 2004 Advisory
Committee/Board Appointments Seneca College Board of Governors (16.24)
(9) Hydro One Corridor
Update Armitage Line (13.7)
(10) In Camera Items from
Transportation Committee: (March 29,
2004)
(11) In
Camera Items from Finance & Administrative Committee: (April 5, 2004)
CARRIED
The Regular Meeting of Council was held on
April 13, 2004 at 7:00 p.m. in the Council Chamber, Civic Centre. Regional Councillor J. Heath presided.
(Council Chambers)
ROLL CALL
Regional Councillor J. Heath, Regional
Councillor J. Jones, Regional Councillor B. O'Donnell, Councillor S. Daurio,
Councillor E. Shapero, Councillor J. Virgilio, Councillor G. McKelvey,
Councillor J. Webster, Councillor D. Horchik, Councillor K. Usman, Councillor
A. Chiu. (11)
Regrets
Mayor D. Cousens, Deputy Mayor F.
Scarpitti. (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 and
Fire Services
A. Taylor, Commissioner of Corporate
Services
1. DISCLOSURE OF PECUNIARY INTEREST
Regional Councillor J. Heath disclosed an
interest with respect to Clause (7), Report No. 20 (Development Services
Committee Minutes dated April 6, 2004 - Item 19), the proposed redevelopment of
Markville Mall by nature of the mall being owned by the Ontario Teacher’s Pension
Plan Fund of which his mother is a member and did not take part in the
consideration or discussion of or vote on the question of the approval of such
matter.
Councillor G.
McKelvey disclosed an interest with respect to Clause (7), Report No. 20 (Development
Services Committee Minutes dated April 6, 2004 - Item 19), the proposed
redevelopment of Markville Mall by nature of the mall being owned by the
Ontario Teacher’s Pension Plan Fund of which he is a member, and did not take
part in the consideration or discussion of or vote on the question of the
approval of such matter.
Councillor K. Usman disclosed an interest
with respect to Committee of the Whole Motion (9), the Hydro One Corridor
Project for the Armitage Line by nature of owning a house which abuts the
possible hydro line and did not take part in the consideration or discussion of
or vote on the question of the approval of such matter.
2. REPORT OF
THE COMMITTEE OF THE WHOLE
Moved by Councillor D. Horchik
Seconded by Councillor A. Chiu
That Council rise from the Committee of the Whole and the Chairman
report.
CARRIED
The Town Clerk reported the following
motions passed at the Committee of the Whole meeting:
(1) APPOINTMENT
OF A CHAIR (16.24)
That
Regional Councillor J. Heath be appointed Chair of the April 13, 2004 Council
and Committee of the Whole meetings.
(2) HYDRO ONE - REQUEST FOR NOISE BY-LAW
EXEMPTION (2.10) weblink
That the
deputation and letter dated April 6, 2004 from Lake Singh, Senior Project
Manager, Hydro One, requesting an exemption from the Noise By-law (By-law No.
2003-137) to permit construction on the Parkway Transformer Station site, on
the north side of 14th Avenue, west of Warden Avenue and south of Highway 407
lands for the timeframe from April 15 to December 24, 2004 by extending the
Monday to Friday work period from 7:00 p.m. to 12 midnight and Sundays from
7:00 a.m. to 6:00 p.m., be received;
And that
the tabled report from the Director of Engineering, be received;
And that
an exemption to item 16 of schedule 2 of the Town’s Noise Control By-law No. 2003-17 to extend the hours of work for
the construction of the Hydro One transformer station west of Warden Avenue and
south of Hwy 407 be approved as follows:
·
1900 hours to 2400 hours – Monday to Friday from April 15, 2004 to
December 24, 2004
·
0700 hours to 1800 hours - Sunday from April 15, 2004 to December 24,
2004
And the approval of the Noise By-law
exemption be subject to the following conditions:
·
The type of activities that
would generate noise beyond the normal by-law period would be limited to
construction type equipment, including but not limited to, such as compressors,
pile drivers, pneumatic and hydraulic tools, excavators, concrete mixing
machines, graders, scrapers, rollers, pumps, sanding, metal cutting and hand
tools.
·
Execution of a site plan
agreement with the Town of Markham no later than June 1, 2004.
·
Deposit of Letter of Credit by
April 20, 2004 for fouling of roads and damage to road in an amount to be
finalized by the Director of Engineering.
·
Haul route be restricted to non
residential areas as defined in Hydro One April 6, 2004 letter.
·
No trucking allowed on Sunday.
·
Implementation of a
communication plan for abutting businesses to the satisfaction of the Town of
Markham.
·
Payment of applicable fees
·
The Town of Markham right to
rescind or modify the exemption if Hydro One fails to comply with the above conditions
to the satisfaction of the Town of Markham;
And
that the exemption to the Noise Control By-law 2003-137 not come into effect
until the published notification has been complied with and there are no
adverse comments;
And that if the Clerk's Department receives
any adverse comments on the proposed by-law exemption within 10 days of the
last publication notice staff report back to Council;
And that L. Singh of Hydro One be advised
accordingly.
(3) 2004
ADVISORY COMMITTEE/BOARD APPOINTMENTS (16.24)
Canada Day Committee
That the resignation of Dawn Dwyer-Pappas
from the Canada Day Committee be accepted;
And that Shannon Walter be appointed to the
Canada Day Committee.
Hagerman Housing Board
That the resignation of Councillor K. Usman
from the Hagerman Housing Board be accepted with regret;
And that staff review the Articles of
Incorporation to determine whether a Council representative is required and
report back.
Markham Race Relations
That the
following eleven (11) persons be appointed to the Markham Race Relations
Committee effective May 1, 2004:
Markham
Moe Mohammed for a term to expire
December 31, 2005
Rohit Ummat for a term to
expire December 31, 2005
Linda Stewart for a term to
expire December 31, 2007
Unionville
Ashna Kohli for a term to
expire December 31, 2005
Iris Leung for a term
to expire December 31, 2005
Vicki Brar for a term to
expire December 31, 2004
Thornhill
Jan Godschalk for a term to
expire December 31, 2005
Ghulam Abbas Sajan for a
term to expire December 31, 2007
Milliken
Mills
Ray Lum for a term
to expire December 31, 2004
Raza Sumar for a term to
expire December 31, 2007
Murali Visalingam for
a term to expire December 31, 2007
And that one additional appointment
representing the Thornhill area be referred to the April 27, 2004 Committee of
the Whole meeting.
Markham Safe Streets Task Force
That the resignation of Dan McCowell, York
Catholic District School Board, from the Markham Safe Streets Task Force be
accepted with thanks and a letter of appreciation forwarded;
And that Charles McCarthy, York Catholic
District School Board, be appointed to the Markham Safe Streets Task Force.
Markham Theatre Board
That the following seven (7) persons be
appointed to the Markham Theatre Board effective May 1, 2004 for a term to
expire November 30, 2006:
Evelyn Bailey-Semeniuk
David Banfield
Laurie Burns
Neil Fernandez
Pat Kincaid
Nick Sidoti
Genevieve Landis
(4) GST
EXEMPTION FOR THE TOWN OF MARKHAM (7.3)
That the verbal
report from the Town Solicitor with respect to a possible GST exemption for the
Town and the potential impact be received.
(5) 2002/2003 TRAFFIC CALMING
TENDER AWARD CONTRACT 017-T-04
(7.12.1 & 5.12) ) weblink
That tender
017-T-04 on 2002/2003 Traffic Calming be awarded to the lowest acceptable
bidder, Ferdom Construction in their tender amount of $413,641.64 inclusive of
7% GST ($398,178.41 inclusive of 3% GST) subject to confirmation by the Region
of York that these projects will be exempt from a potential policy that
restricts transit service on roads with vertical traffic calming measures;
And that a
contingency in the amount of $82,728.33 inclusive of 7% GST ($79,635.68
inclusive of 3% GST) be established and that the expenditure control policy
guide the use of the contingency funds;
And that funds for
tender 017-T-04 be provided from the Engineering Department's 2002 Capital
Budget (Account # 065-5350-4878-005) in the amount of $197,783.00 and 2003
Capital Budget (Account # 065-5350-5116-005) in the amount of $280,031.09
totalling $477,814.09 (inclusive of 3% GST);
And that the
Region of York be requested to grandfather existing and approved locations having
vertical traffic calming measures, inclusive of the 2002/2003 projects, as part
of their adoption of a traffic calming policy for York Region Transit routes in
the Town of Markham;
And that staff be
authorized to call a Post Bid Addendum for the 2002/2003 Traffic Calming
Porjects for the four (4) traffic calming projects which would not be impacted
by a potential Regional Policy regarding transit service;
And that if the
Region of York doesn't exempt the projects under Tender 017-T-04 from a transit
service policy, then the CAO be authorized to award the post bid addendum to
the lowest bidder subject to staff's acceptance of the tender price.
(6) TORONTO AND REGION CONSERVATION REQUEST
FOR
FUNDING FOR CONTINUATION OF
MARKHAM URBAN
BACKYARD NATURALIZATION
PROGRAM (5.7 & 7.6)
That the verbal report from the
Commissioner of Community and Fire Services on in-kind support, be received;
And that the letter dated March 19, 2004
and the presentation by Ms. Julie Hordowick, Watershed Management, TRCA requesting
in-kind support and funding from the Markham Environmental Sustainability Fund
to expand the Markham Urban Backyard Naturalization Program be received;
And that approval be granted to provide
$10,000 to the Toronto and Region Conservation Authority for the expansion of
the Markham Urban Backyard Naturalization Program for 2004; such funds to come
out of the Environmental Sustainability Fund;
And that staff meet with Ms. Hordowick to
review specification of their computer requirements, and if the Town is able to
supply a computer for the Program, that the total amount provided be reduced by
$2,000.00.
(7) COUNCIL'S STRATEGIC PRIORITIES -
2004 TO 2006 (16.0) weblink
That the report on Town of Markham
Council's Strategic Priorities for the 2004 - 2006 Term be received for
information;
And that the staff report be amended to add
item 8 in the Action Plan for "Addressing Gridlock and Rapid Transit"
as follows:
8. Negotiate a Memorandum of Understanding with
the Region of York to match rapid transit service levels with transportation
supported developments in the rapid transit corridor;
And that consideration of this matter be
deferred and referred to the April 27, 2004 Committee of the Whole meeting for
further discussion.
(8) 2004 ADVISORY
COMMITTEE/BOARD APPOINTMENTS
SENECA COLLEGE BOARD OF GOVERNORS (13.0 & 16.24)
That the letter, dated February 19, 2004
from the Chair of the Board of Governors, Seneca College, recruiting candidates
for appointment to the Board of Governors, be received;
And that the email from the Town Clerk to
Mr. Miner, Seneca College, acknowledging the error in appointing Regional
Councillor J. Jones and Councillor K. Usman to the Board of Governors, be
received;
And that Regional Councillor Jones and
Councillor Usman be nominated for appointment to the Board of Governors.
(9) HYDRO ONE
CORRIDOR UPDATE
ARMITAGE LINE (13.7)
That the
presentation by Michael Sheehan, Vice President, Corporate Services, Hydro One,
with respect to upcoming Public Meetings regarding the Hydro One Corridor
Project for the Armitage Line - north on Rodick Road toward Newmarket, be
received.
CARRIED
(Councillor
K. Usman abstained)
(10) IN CAMERA ITEMS FROM
TRANSPORTATION
COMMITTEE: (March 29, 2004)
That the following
recommendations of the Transportation Committee be reported out at the open
Council meeting:
- STATUS
REPORT ON PROPERTY NEGOTIATIONS
FOR THE ENTERPRISE DRIVE/HELEN
AVENUE
EXTENSION & GO RAIL GRADE
SEPARATION
CONSTRUCTION PROJECT (5.10,
5.14.2, 7.12.2)
That the confidential report entitled “Status Report on Property
Negotiations for the Enterprise Drive/Helen Avenue Extension & GO Rail Grade Separation
Construction Project” dated March 29, 2004 be received;
And that staff be authorized to continue
negotiations and expropriation proceedings as required to acquire the necessary
GIC Holdings Ltd properties;
And that in the event that the required properties cannot be
acquired or a firm date for the acquisition cannot be established before the
scheduled construction tender closing date of April 2, 2004, staff be authorized to either
cancel the construction tender and to re-tender at a later date when the
acquisition process has been concluded or delay the tender closing date.
(11) IN CAMERA ITEMS FROM
FINANCE AND ADMINISTRATIVE
COMMITTEE: (April 5, 2004)
That the following
recommendations of the Finance and Administrative Committee be reported out at
the open Council meeting:
- 2004
WATERWORKS BUDGET, AND 3-YEAR
ORGANIZATIONAL
& STAFFING PLAN 2004-006
(7.4
& 7.5 & 5.3)
That the presentation of the Director,
Operations and Asset Management, regarding the 2004 Proposed Waterworks Budget,
be received and referred to the Budget Sub-Committee;
And that the presentation of the
consultant, Ms. Ainslie Wood, Wood-Sloan Inc. regarding the 3-Year
Organizational & Staffing Plan, 2004-2006 of the Markham Waterworks
Division, be received;
And that the 3-year Organizational &
Staffing Plan for Waterworks be endorsed and the increase of 8 new staff
positions and conversion of 1 contract position as recommended for 2004 be
implemented;
And that the organizational and staffing
complement for 2005 & 2006 be reviewed and re-assessed during the
last quarter of 2004 and 2005 respectively;
And that the Attraction/Retention Strategy
for Waterworks bargaining unit positions be endorsed, and that staff be
directed to negotiate pay and standby rate increases with CUPE Local 905
(Outside Workers);
And that the Support Services costs
required by Waterworks be fully identified and supported by the Water Rate
Charges in future years.
CARRIED
3. MINUTES
(1) COUNCIL
MINUTES
- MARCH 30, 2004
Moved by Councillor K. Usman
Seconded by Regional Councillor J. Jones
That the Minutes of the Council Meeting
held on March 30, 2004, be adopted.
CARRIED
4. PRESENTATIONS
(1) GLENN
CROSBY RECOGNITION
- COMMITTEE OF ADJUSTMENT
(12.2.6)
Mr. Wayne Patterson will introduce Mr.
Glenn Crosby in appreciation for his many years of service and leadership on
the Committee of Adjustment.
5(a) REPORT NO.
18 - TRANSPORTATION COMMITTEE
Moved by Councillor K. Usman
Seconded by Regional Councillor B.
O'Donnell
That Report No. 18 - Transportation
Committee be received and adopted.
March
29, 2004
(1) URBAN TRANSPORT SHOWCASE PROGRAM -
SMART COMMUTE INITIATIVE
(5.12) Weblink 1 2 3 4 5
That the staff report entitled Urban
Transportation Showcase Program (UTSP) - Smart Commute Initiative, dated March
29, 2004, be received;
And that Town of Markham financial
participation in the program on a cost sharing basis be subject to approval of
corresponding accounts in the 2004 Capital Budget – Accounts #141 (TDM/TMA/TMI)
and # 142 (Urban Showcase), as outlined in the Report;
And that the Mayor and Town Clerk be
authorized to execute the Memorandum of Understanding (MOU) with the Region of
York for the Urban Transportation Showcase Program to the satisfaction of the
Director of Engineering, Town Solicitor and CAO;
And that a request be made to York Region
to include the Markham Centre area transportation management initiative in the
GTA wide program, including the opportunity to leverage investments and benefit
from the UTSP funding;
And that the Hwy.
404/7 TMA Steering Team organizational structure and Draft Terms of Reference,
attached to the report (and attached to the original Council minutes on file in
the Office of the Clerk), be endorsed.
(2) STATUS REPORT ON THE RODICK ROAD/HIGHWAY
407
OVERPASS CONSTRUCTION PROJECT
(5.10, 7.5, 8.0) Weblink
That the
Engineering Department report entitled “ Status
Report on the Rodick Road/Highway 407 Overpass Construction Project” dated
March 29, 2004 be received;
And that
the Region of York be requested to provide funding for the project in the
amount of one-third of the capital cost of the project in accordance with
Regional policies regarding funding of 400 Series Highway overpasses;
And that
the Mayor and Clerk be authorized to enter into an Agreement with 407 ETR for
the construction and maintenance of the proposed Rodick Road/Highway 407
overpass structure and related works to the satisfaction of the CAO and Town
Solicitor;
And that
a contingency amount of $20,000 be authorized to cover the potential cost of
407 ETR technical auditor’s review, permit administration and inspection fees
to be funded from the Engineering Department’s approved 2002 Capital Budget
(account # 083-5350-4731-005);
And that
the Engineering Department be authorized to increase the detailed design fee to
Marshall Macklin Monaghan Limited by a maximum amount of $75,000 excluding GST
to cover the cost of additional design services required to address fisheries
habitat issues and the redesign of the Beaver Creek crossing structure to be
funded from the Engineering Department’s approved 2003 Capital Budget (account
# 083-5350-4731-005);
And that
the balance of the fund in account # 083-5350-4731-005 in the amount of $6,205,000 be applied to the construction of
the project;
And that
in the event that an acceptable agreement on a revised fee for construction
inspection and contract administration services cannot be reached with the
existing consulting firm engaged on the project, the Engineering Department be
authorized to pre-qualify three consulting engineering firms for the provision
of these services during the construction of the project and to request
detailed proposals from these pre-qualified firms.
(3) STATUS REPORT ON THE
ENTERPRISE DRIVE/HELEN AVENUE EXTENSION & GO RAIL
GRADE SEPARATION CONSTRUCTION PROJECT (5.10, 5.14.2, 8.0)
Weblink
That the report entitled “Status Report on the Enterprise
Drive/Helen Avenue Extension & GO Rail Grade Separation Construction
Project” dated March 29 2004 be received;
And that the Engineering Department be authorized to include the
installation of local services as a part of the Enterprise Drive/Helen Avenue
construction;
And that the total cost of designing and installing these local services plus
interest be included in the Area Specific Development Charge for the East
Precinct area of Markham Centre;
And that the Mayor and Clerk be authorized to enter into an Agreement with
the Region of York for the construction and maintenance of the York Rapid
Transit Program portion of the GO Rail Grade Separation structure to the
satisfaction of the CAO and Town Solicitor;
And that the Mayor and Clerk be authorized
to enter into Agreements with Remington Group and other agencies which may be
required to implement the construction of the Enterprise Drive/Helen Avenue
Extension & GO Rail Grade Separation Construction Project to the satisfaction of the CAO and Town Solicitor.
(4) OTHER COMMITTEE PROCEEDINGS
- MINUTES OF TRANSPORTATION
COMMITTEE MEETING – MARCH 29,
2004 (16.0)
CARRIED
5(b) REPORT NO.
19 - FINANCE & ADMINISTRATIVE COMMITTEE
Council consented
to separate Clauses (4), (6) and (10).
Moved by
Councillor K. Usman
Seconded by
Councillor A. Chiu
That Report No. 19
- Finance & Administrative Committee be received and adopted.
April 5, 2004
(1) CONTRACT T34-98WW - ROUTINE &
EMERGENCY
SEWER/WATERMAIN REPAIRS -
CONTRACT EXTENSION (7.12.1
& 5.4 & 5.5) weblink
That the report
entitled "Contract T34-98WW, Routine & Emergency Sewer/Watermain
Repairs, Contract Extension" be received;
And that Contract
T34-98WW, Routine & Emergency Sewer/Watermain Repairs, Contract
Extension" be extended from April 1, 2004 to May 31, 2004 to the current
contract provider, Finch Paving Ltd.;
And that Blanket
Purchase Order B2 35 for Finch Paving be increased in a total amount of
$144,450.00 inclusive of 7% GST ($135,000.00 inclusive of 3% GST) for the
period January 1, 2004 to May 31, 2004.
(2) PURCHASE OF SPONSORSHIP
S'PORT FOR KIDS BALL 2004 -
MAY 1, 2004 (12.2.6) Weblink
That Council
purchase a table of 10 in the amount of $2,000 for the S'port for Kids Ball
2004 to be held at the Premiere Ballroom & Convention Centre, Richmond Hill
on May 1, 2004.
(3) PURCHASE OF SPONSORSHIP - MARKHAM MOBILITY
FOUNDATION GOLF TOURNAMENT
AUGUST 12, 2004 (12.2.6) Weblink
That Council approve the expenditure of up to $1,000 for the Markham
Mobility Foundation Tenth Annual Golf Tournament at Silver Lakes Golf &
Country Club on Thursday, August 12, 2004;
And that the Executive Assistant to the Mayor and Councillors be
authorized to determine the appropriate sponsorship opportunity;
And that any Member of Council who wishes to attend may do so provided
that all expenses are charged to their individual budget.
CARRIED
(4) WEST NILE VIRUS 2003 UPDATE
AND 2004 ACTION PLAN
(5.7) Weblink
That the staff report titled “West Nile Virus 2003 Update and 2004 Action Plan”,
dated
April 5, 2004, be received;
And that the Town of Markham continue to
support the Region of York, Health Services Department in their activities with
respect to control of the West Nile Virus in 2004, in promoting education and
reducing, where appropriate, standing water on public property;
And that the Town of Markham continue to work
in partnership with the Region of York in 2004 to communicate and distribute
information about the West Nile Virus;
And that staff be authorized to continue
working with the Region of York Health Services Department by participating in
the meetings of the West Nile Virus Control Committee;
And that the Town of Markham website
include a link to the Region of York Health Services Department;
And that the Town of Markham Internet and
Intranet sites be updated, when appropriate, with current, factual information
about the West Nile Virus and how the general public can protect themselves
from exposure;
And that staff erect bird and bat houses in
appropriate locations in an effort to naturally reduce mosquito populations;
And further that, Council approve funding
in the amount of $95,000, to cover the cost of:
·
One 150-day employee dedicated to surveillance
activities, database production, communications and reduction of standing water
on Town property, from April to September 2004, at a cost of $25,000 (including
fringe benefits) and overhead.
·
$50,000 be
established: to contract a high-pressure flusher truck as an enhanced approach
to reducing mosquito breeding in those areas without catchbasins; to erect bat
boxes at appropriate Town-owned properties, and; to pilot fathead minnows and
solar-powered windmill aerators in all storm
water management ponds within Markham.
·
One
150-day By-Law Enforcement Officer dedicated to enforcement of the Standing
Water By-Law, from April to September 2004, at a cost of $20,000 (including
fringe benefits and overhead).
And that staff seek to gain reimbursement from the Region of York for
the cost of the high-pressure flusher truck;
And that staff approach the flusher truck contractor to request that
Town of Markham signage/logo be displayed on the truck when being operated for
Town purposes;
And further that details of the 2004 Communications Strategy be provided
to Members of Council and staff, in addition to statistics on the activities of
the flusher truck during 2003 at the next Finance & Administrative
Committee meeting.
CARRIED AS AMENDED
(See following motion to amend)
Moved by Councillor E. Shapero
Seconded by Councillor K. Usman
That
Clause (4), Report No. 19 be amended to add the word "...all..." after
the words "…windmill aerators in…" in paragraph 8, bullet 2;
And
that "...SWMPs..." in paragraph 8, bullet 2 be stated in full as
"...storm water management ponds...".
CARRIED
(5) RECOVERY OF MARKHAM CENTRE STUDY COSTS
(7.11 & 10.8)
That Council authorize
the transfer of $160,389.26 from the South Unionville (42A) Area Specific
Reserve Account to the Accounts Receivable account 008-1630001, which
represents the cost recovery of the Markham Centre Study to December 31, 2003;
And that Council
authorize the transfer of $62,860.06 from the Markham Centre (42B) Area
Specific Reserve Account to the Accounts Receivable account 008-1630001, which
represents the recovery of the cost of the Markham Centre Study to December 31,
2003;
And that the
Treasurer be authorized to transfer on an annual basis the Markham Centre Study
costs collected in the previous year, from the above noted Area Specific
Reserve accounts to the Accounts Receivable Account;
And that the
Treasurer be authorized to transfer the Markham Centre Study development charge
credits from the Accounts Payable account to the above noted Area Specific
Reserve accounts;
And that each time
the Development charge is indexed the balance in the Accounts Receivable
account and the Accounts Payable account be adjusted to reflect the amount of
the indexing;
And that should
the South Unionville (42A) Area Specific and Markham Centre (42B) Area Specific
geographical boundaries be revised in future studies the balance of the cost of
the Markham Centre Study be prorated among the new Area Specific Areas based on
their net developable hectares of land.
CARRIED
(6) MARKHAM ENVIRONMENTAL SUSTAINABILITY
FUND PROCESS (5.7) Weblink 1 2
That the staff
report entitled "Markham Environmental Sustainability Fund Process"
dated
April 5, 2004, be
received;
And that the
administrative process, application process and committee structure, as laid
out in this report, be approved;
And that a member of the Markham Conservation Committee, preferably the
Chair, be appointed to the Environmental Issues Committee to provide input when
matters of the Markham Environmental Sustainability Fund are considered;
And that base
funding for the Markham Environmental Sustainability Fund will be replenished
annually by a report from the Manager, Environmental Leadership through the
budget process using the following formula: the amount spent by the fund in a
given year will be replaced through the capital budget process in the following
year;
And that $300,000
be established as the base level of the fund, which Council may add to through
the budget process if it so wishes;
And that staff
proceed with advertising the Markham Environmental Sustainability Fund and
soliciting applications for the 2004 season;
And further that
staff carefully review all projects to ensure that there is no duplication of
effort within the Town.
CARRIED AS AMENDED
(See following motion to amend)
Moved by Councillor E. Shapero
Seconded by Councillor A. Chiu
That Clause (6), Report No. 19 be
amended to add the following paragraph:
"And that a member of the Markham
Conservation Committee, preferably the Chair, be appointed to the Environmental
Issues Committee to provide input when matters of the Markham Environmental
Sustainability Fund are considered;"
CARRIED
(7) 8100 WARDEN AVENUE - SUBLEASE AGREEMENT
MARKHAM HYDRO DISTRIBUTION
INC. AND
MARKHAM DISTRICT ENERGY INC.
(13.7) Weblink
That Council enact
a by-law authorizing the Mayor and Clerk to execute a Sublease Agreement
between Markham Hydro Distribution Inc. and Markham District Energy Inc. and
the Town of Markham for 505 square feet of office space at 8100 Warden Avenue,
Markham, for the period January 1, 2004 to December 31, 2004, at a rental rate
of $8,585.00, in a form satisfactory to the Town Solicitor.
(By-law 2004-81)
(8) MARKHAM FOOD BANK - REQUEST FOR FUNDING
(7.6)
That the report
dated April 5, 2004 entitled "Markham Food Bank - Request for
Funding" be received;
And that the
Markham Food Bank be given a one-time grant to a maximum of $32,433.84 to cover
the gross lease expenses from April 1, 2004 to March 31, 2006, and that the
funding source is to be determined at the discretion of the Treasurer;
And that Town staff
assist the Markham Food Bank in negotiating a Lease Extension Agreement that
would include a 60-day termination clause;
And further that
Town staff assist the Markham Food Bank in finding suitable alternate premises
at no cost or a lesser cost.
(9) ELECTRICAL SERVICES AND MAINTENANCE OF
TOWN FACILITIES ON AN "AS
AND WHEN"
REQUIRED BASIS - CONTRACT
EXTENSION (7.12)
That the report
entitled "Electrical Services and Maintenance of Town Facilities on an
"as and when" Required Basis - Contract Extension" be received;
And that the
contract 044-R-01, Electrical Services and Maintenance of Town Facilities, be
extended for an additional two (2) years with the incumbent, Kudlak-Baird
Electrical Contractors commencing May 1, 2004 to April 30, 2006 at their hourly
rates totalling an estimated amount of $551,782.53 inclusive of 7% GST
($531,155.15 inclusive of 3% GST);
And further that
this contract will be funded from the various operating budgets from the user
Departments across the Town.
CARRIED
(10) DISPOSAL OF OBSOLETE
COMPUTER EQUIPMENT (7.13 & 12.1)
That the report
dated April 5, 2004 entitled "Disposal of Obsolete Computer
Equipment" be received;
And that Part VII
Item 33 Sub-section 1 in By-law #143-2000 (Purchasing By-law) regarding the
"Disposal of Personal Property" be waived as it relates to used
computer equipment;
And that the ITS
Department be authorized to dispose of the obsolete equipment to selected
charitable or social organizations including places of worship in Markham
through donations until August 2006, which coincides with the term of the
Council.
CARRIED
AS AMENDED
(See
following motion to amend)
Moved by Councillor G. McKelvey
Seconded by Councillor K. Usman
That
Clause (10), Report No. 19 be amended to add the words "…including places
of worship…" after the words "…or social organizations…" in
paragraph 3.
CARRIED
(11) ONTARIO CRIME CONTROL COMMISSION - REQUEST
FOR NOMINATIONS - 2004 AWARDS
OF EXCELLENCE
FOR
FIGHTING CRIME PROGRAM (12.2.6)
That the letter dated March 12, 2004 from
the Ontario Crime Control Commission requesting nominations for their 2004
Awards of Excellence for Fighting Crime program, which recognizes outstanding
contributions to community safety and crime prevention be received;
And that
the Town of Markham staff and the York Region Police Services staff involved
with the Project to Eliminate the Proliferation of Body-Rub Parlours and
Complementary Health Care Establishments in the Town of Markham be nominated
for the 2004 Award of Excellence for Fighting Crime.
(12) OTHER COMMITTEE PROCEEDINGS
- MINUTES OF FINANCE &
ADMINISTRATIVE
COMMITTEE MEETING – APRIL 5,
2004 (16.0)
CARRIED
5(c) REPORT NO.
20 - DEVELOPMENT SERVICES COMMITTEE
Council
consented to separate Clause (7).
Moved
by Regional Councillor B. O'Donnell
Seconded
by Councillor K. Usman
That
Report No. 20 - Development Services Committee be received and adopted.
April
6, 2004
(1) MARKHAM CENTER, OUTLINING THE JURY
PROCESS (10.8)
That the
correspondence from George Dark of Urban Strategies Inc., with respect to the
jury process for the charrette and design competition for Markham Centre, be
received and the process be endorsed;
And that the jury composition for the charrette and design competition
for Markham Centre include two members of Council;
And that the jury selection be referred to the Markham Centre Steering
Committee, and that staff provide background information on the members of the
public being considered.
(2) EXTENDED DRIVEWAYS
(FRONT YARD PARKING) (10.0)
That the staff
presentation with respect to extended driveways be received;
And that the strategy presented be endorsed in principle;
And that a joint Planning/Transportation/Clerks Department report be
prepared to address issues discussed.
(3) HERITAGE
MARKHAM COMMITTEE MINUTES
- March 10, 2004 (16.11) Weblink
That the minutes
of the Heritage Markham Committee meeting held March 10, 2004, be received for
information;
And that with
respect to item # 3, "Alterations to Building, 96 John Street, Thornhill" the Letter of Credit
from Mr. Dusan Nikolic and Ms. Christine Griffen be refunded in the amount of $
1,500 and $ 1,000 be retained.
(4) 2004 FIRST QUARTER
UPDATE
STREET NAME RESERVE LIST (10.14) Weblink
That Development Services Committee approve the updated street name
reserve list for the first quarter of 2004 with the removal of any Councillors' names, pending a report from staff.
(5) JOHN AND RENEE PROCENKO,
20 LAKEVISTA AVENUE
REQUEST FOR VARIANCE TO FENCE BY-LAW 277-97 (2.19) Weblink
That the request
for variance from the requirements of By-law 277-97 (Fence By-law), as amended,
for the construction of a 1.5 metre decorative metal fence in the east yard of
20 Lakevista Avenue, be granted.
(6) ELLAHE
REZAI, 377 MAIN STREET NORTH
MARKHAM VILLAGE HERITAGE CONSERVATION DISTRICT
ZONING BY-LAW AMENDMENT FOR A BUSINESS OFFICE
(ZA 03 119285) (10.3, 10.5)
That the Development Services Committee Report dated February 17,
2004, entitled "Rezai, Ellahe, Application for Zoning By-law Amendment and
Site Plan Approval to Convert a Residential Dwelling to a Business Office, 377
Main Street North, Markham Village Heritage Conservation District (ZA 03 119285
and SC 03 119333)," be received;
And that the record of the Public Meeting held on Tuesday, April 6,
2004 with respect to the proposed amendment to By-law 1229, as amended, be
received;
And that
the application by Ellahe Rezai for an amendment to By-law 1229 to allow a
business office, be approved;
And that
the proposed amendment to By-law 1229, as amended, be enacted.
CARRIED
(7) OTHER COMMITTEE PROCEEDINGS
- MINUTES OF DEVELOPMENT
SERVICES
COMMITTEE MEETING – APRIL 6,
2004 (16.0)
CARRIED
AS AMENDED
(See
following motion to amend)
(Regional
Councillors J. Heath &
Councillor
G. McKelvey abstained - Item 19)
CARRIED
6. COMMUNICATIONS
Moved by Councillor A. Chiu
Seconded by Regional Councillor B.
O'Donnell
That Council receive and consent to the disposition
of communications in the following manner:
Received
51-2004 Dalton
McGuinty, Premier of Ontario - Forwarding an update regarding the Provincial
Government working with the municipalities to build strong communities. (13.2)
52-2004 City of
Vaughan - Forwarding a resolution regarding the zero tolerance of anti-Semitic
vandalism. (13.5.2)
Referred to
all Members of Council
53-2004 Liquor
Licence Application - Request to complete the Alcohol and Gaming Commission
Municipal Information Form for Real Tasty Hot Pot Restaurant, 5 Glen Cameron
Road, #3B (indoor). (3.21)
Referred to
Commissioner of Development Services and Town Solicitor
54-2004 Ontario
Municipal Board - Forwarding a prehearing decision to hold a second prehearing
conference with respect to Interim Control By-laws 2002-215 and 2003-208
(Markham Road Corridor Study Area-Armadale Planning District). The second prehearing conference is scheduled
for Monday, November 15, 2004 at 10:00 am. (13.13 & 10.8)
CARRIED
7. PROCLAMATION
Council consented to separate the
proclamation for "Raymer's Wood Co-operative Homes Day".
(1) PROCLAMATIONS (3.4)
Moved by Regional Councillor J. Jones
Seconded by Councillor J. Webster
That the following be proclaimed in the
Town of Markham:
-
May 1 to 8, 2004 be proclaimed as "Naturopathic Medicine Week".
CARRIED
Moved by Councillor E. Shapero
Seconded by Councillor G. McKelvey
That the following be proclaimed in the
Town of Markham:
-
August 28, 2004 be proclaimed as "Ramer's Wood Co-operative Homes Day".
CARRIED
8. OTHER
BUSINESS
Council consented to add Other Business
(1).
(1) COMMITTEE
OF ADJUSTMENT DECISION (A/35/03)
ROSE AND FIRKIN, 175 MAIN
STREET, UNIONVILLE (10.12)
Staff was directed to provide a report to the April 20, 2004 Development
Services Committee meeting on the details of the minor variance recently
approved by the Committee of Adjustment for the Rose and Firkin, 175 Main
Street, Unionville (A/35/03).
CARRIED
9. BY-LAWS
Moved by Councillor A. Chiu
Seconded by Councillor J. Virgilio
That By-laws 2004-81 to 2004-85 be given
three readings and enacted.
Three Readings
BY-LAW 2004-81 Being a
by-law to authorize the Mayor and Clerk to execute a Sublease Agreement between
Markham Hydro Distribution Inc. and Markham District Energy Inc. and the Town
of Markham for 505 square feet of office space at 8100 Warden Avenue, Markham,
for the period January 1, 2004 to December 31, 2004.
(Clause 7, Report No. 19, 2004)
BY-LAW 2004-82 A by-law to
amend Zoning By-law 1229, as amended (Ellahe Rezai, 377 Main Street North,
Markham Village Heritage Conservation District - To permit business office uses
within the existing building).
(Clause 6, Report No. 20, 2004)
BY-LAW 2004-83 A by-law to
appoint the Town Clerk as Town of Markham representative to the Region of York
Joint Board to administer Provincial Offences Court (repeals By-law 2003-105).
(Committee of the Whole Motion - March 30, 2004)
BY-LAW 2004-84 A by-law to
dedicate certain lands as part of the highways of the Town of Markham (Block
76, Plan 65M-3586 and Block 121, Plan 65M-3667 - Reston Ridge Street; Block 77,
Plan 65M-3586 and Block 120, Plan 65M-3667 - Greengage Street; Block 78, Plan
65M-3586 and Block 119, Plan 65M-3667 - Victoria Wood Avenue; Block 118, Plan
65M-3667 - Darrington Drive).
BY-LAW
2004-85 A by-law to confirm the
proceedings of the Council meeting of April 13, 2004.
(Council Meeting No. 9, 2004)
CARRIED
10. ADJOURNMENT
Moved by Councillor A. Chiu
Seconded by Councillor K. Usman
That the meeting do adjourn.
CARRIED
Council adjourned at 7:35 p.m.
___________________________________ ___________________________________
SHEILA BIRRELL,
TOWN CLERK DON COUSENS,
MAYOR
(Signed)