2002-10-1 -7:00 p.m.
COUNCIL MINUTES Council Chamber, Civic Centre
(Canada
Room)
COMMITTEE
OF THE WHOLE
ROLL
CALL
Deputy Mayor F. Scarpitti, Regional Councillor G. Landon, Regional Councillor T. Wong, Regional Councillor B. O'Donnell (5:20 p.m.), Councillor S. Daurio, Councillor E. Shapero (5:15 p.m.), Councillor J. Virgilio (5:15 p.m.), Councillor G. McKelvey, Councillor J. Heath, Councillor D. Horchik, Councillor A. Chiu. (11)
Regrets
Mayor D. Cousens, Councillor K. Usman. (2)
Moved by Councillor A. Chiu
Seconded by Councillor D. Horchik
That Council resolve itself into the Committee of the Whole to discuss the following:
(1) York Catholic District School Board Capital Projects (13.6.2)
(2) Region of York 16th Avenue Sewer - Dewatering Issue (5.5)
(3) Firefighters' Calendar Sponsorship (12.2.6)
(4) Spirit of Life Art Exhibition & Fundraising Banquet (12.2.6)
(5) First Annual Unionville Gala (12.2.6)
(6) Committee Appointments (16.24)
CARRIED
The Regular Meeting of Council was held on October 1, 2002 at 7:02 p.m. in the Council Chamber, Civic Centre. Deputy Mayor F. Scarpitti presided.
(Council
Chambers)
COUNCIL
ROLL
CALL
Deputy Mayor F. Scarpitti, Regional Councillor G. Landon, Regional Councillor T. Wong, Regional Councillor B. O'Donnell, Councillor S. Daurio, Councillor E. Shapero, Councillor J. Virgilio, Councillor G. McKelvey, Councillor J. Heath, Councillor D. Horchik, Councillor K. Usman, Councillor A. Chiu. (12)
Regrets
Mayor D.
Cousens.
STAFF
J. Baird, Acting Commissioner of Development Services
B. Cribbett, Treasurer
J. Harrison, Acting Town Clerk
D. McClean, Fire Chief
P. Miller, Acting Manager, Secretariat Services
B. Nanninga, Executive Assistant
R. Robinson, Town Solicitor
J. Sales, Commissioner of Community and Fire Services
A. Taylor, Commissioner of Corporate Services
M.F. Turner, Commissioner of Development Services
1. DISCLOSURE OF PECUNIARY INTEREST
None declared.
Moved by Regional Councillor G. Landon
Seconded by Regional Councillor B. O'Donnell
That Council rise from the Committee of the Whole and the Chairman report.
CARRIED
Deputy Mayor F. Scarpitti reported the following motions passed at the Committee of the Whole meeting:
That the presentation by Bryce Eldridge, Superintendent of Plant, and
Dan McCowell, Senior Manager of Administrative Services, York Catholic District
School Board, regarding the Board's Capital Strategy, be received.
That the presentation by Paul Jankowski, Director of Transportation,
Design and Construction Branch, Region of York addressing concerns raised at
the September 24, 2002 Development Services Committee meeting regarding the
dewatering issue in connection with the Region of York 16th Avenue sewer
project, be received and the communication plan be endorsed.
That the request to sponsor the York Region Firefighters' Calendar, be
approved;
And that the sponsorship funding level be in the amount of $1,000.00 as
per Council policy to be charged to the 2002 grant budget;
And further that a one time grant in the amount of $4,000.00 be approved,
such grant to be charged to a budget as determined by the CAO.
That the Town of Markham purchase one corporate table of ten (10) for
the Spirit of Life Art Exhibition and Fundraising Banquet to be held on October
27, 2002 at the Chinese Cultural Centre of Greater Toronto at the cost of
$1,000 to be charged to account No. 840 8415840.
That the request for Councillors to purchase tickets for the First
Annual Unionville Gala to be held at the Markham Theatre on November 6, 2002,
be received.
Markham Race Relations Committee
That the resignation of Dr. Jeffrey Brown from the Markham Race
Relations Committee be received with regret;
And that a letter of thanks be forwarded to Dr. Brown for his
considerable contribution to the committee and to the youth of the Town of
Markham;
And that the vacancy not be filled until vacancies in all of the
advisory committees are considered later in the year.
Moved by Regional Councillor G. Landon
Seconded by Regional Councillor B. O'Donnell
That the Report of the Committee of the Whole be adopted, approved and confirmed.
CARRIED
Moved by Councillor A. Chiu
Seconded by Councillor K. Usman
That the Minutes of the Council Meeting held on September 17, 2002, be adopted.
CARRIED
The Commissioner of Development Services
presented the Ontario Professional Planners Institute Excellence in Planning
Award in the area of communications and public education to Members of Council
for the Great Transportation Debate.
Council consented to separate Clause (1) and (2).
Moved by Councillor J. Heath
Seconded by Councillor A. Chiu
That Report No. 47 - Community Services & Environment Committee be received and adopted.
September 16, 2002
That the presentations by Alan Wolfe, Project Consultant, Linda Irvine, Manager, Parks and Open Space Development, and Jeff Weatherston, Sears and Russell Architects regarding the proposed location and preliminary building design of the Museum Reception Centre, be received;
And that the direction being taken by the Building Steering Committee for the proposed Museum Reception Centre be endorsed, in principle.
CARRIED
That the letter dated July 2,
2002 from the Toronto & Regional Conservation Authority containing a
resolution with respect to the Earth Charter, be received and endorsed and the
Federation of Canadian Municipalities and the Association of Municipalities of
Ontario be so advised.
CARRIED AS AMENDED
(See following motion
to amend)
Moved by Councillor E. Shapero
Seconded by Councillor G. McKelvey
That Clause (2) be amended to add the following to the end of the paragraph:
"…and the Federation of Canadian Municipalities and the Association of Municipalities of Ontario be so advised."
CARRIED
That the letter dated August 1, 2002 from the Town of Mono requesting support of a resolution pertaining to commercial permits to take water, be received and endorsed.
That the letter dated August 1, 2002 from the Municipality of Leamington, requesting support of a resolution with respect to re-establishing an Environmental Compensation Fund, be received and endorsed.
That the Community Services & Environment
Committee minutes dated September 16, 2002 be received.
CARRIED
Council consented to separate Clause (4).
Moved by Councillor K. Usman
Seconded by Councillor S. Daurio
That Report No. 48 - Finance & Administrative Committee be received and adopted.
September 23, 2002
That the Town of Markham adopt a self-insured "administrative services only" (ASO) arrangement for its long-term disability benefit (LTD) effective October 1, 2002;
And that the Town of Markham establish a reserve fund for the purposes of accumulating funds to pay for all long term disability benefits and associated administration expenses;
And that an amount equal to the current premiums budget for long term disability coverage, be remitted to the reserve fund, in order to provide funding for the self-insurance of the benefit;
And further that the Town of Markham, as a member of the York Region Umbrella Group, engage the services of an insurance carrier to provide third party administration of the long term disability benefit on an administration services basis only (ASO).
That Council receive the report "Amount Due from Frederick Horsman Varley-McKay Art Foundation", dated September 23, 2002;
And that the Town fund the outstanding construction balance for the Frederick Horsman Varley-McKay Art Gallery of $141,546.00 from a 2001 provision set up for this purpose.
That a by-law be enacted authorizing the Mayor and Clerk to execute the partial release of the Swan Lake Subdivision Agreement in a form satisfactory to the Town Solicitor.
(By-law 2002-216)
That Council receive the report entitled
"Provincial Performance Measures for the year 2001" dated September
23, 2002;
And that staff publish the 21 mandatory
Provincial Performance Measures on the Town of Markham website;
And that Council approve the release of
additional efficiency and effectiveness measures in a manner similar to that of
the mandatory Provincial Performance Measures;
* And
further that staff be directed to comply with the legislation and not spend any
additional time developing comparisons with other municipalities.
______________________________________________________________________________
* Amended by Council at its meeting held on October 15, 2002 to include the following words in the last paragraph after the words "…be directed to…":
"…expend resources only sufficient to…"
CARRIED AS AMENDED
(See following motion to amend)
(See following recorded vote)
Moved by Regional Councillor T. Wong
Seconded by Councillor S. Daurio
That Clause (4) be amended to add the following paragraph:
"And further that staff be
directed to comply with the legislation and not spend any additional time
developing comparisons with other municipalities."
CARRIED
YEAS: Deputy Mayor F. Scarpitti, Regional Councillor G. Landon, Regional Councillor T. Wong, Councillor S. Daurio, Councillor E. Shapero, Councillor J. Heath, Councillor D. Horchik. (7)
NAYS: Regional
Councillor B. O'Donnell, Councillor J. Virgilio, Councillor G. McKelvey,
Councillor K. Usman, Councillor A. Chiu. (5)
ABSENT: Mayor D. Cousens. (1)
That the Markham Fire and Emergency Services Department be authorized to proceed to the tender process for the construction of a new fire station 92 at 10 Riviera Drive;
And that plan (#P-1B, 10,800 sq. ft.) be approved as the principle design for the building with the apparatus bays for York Emergency Medical Services and Markham Fire and Emergency Services being the joining feature;
And that staff report back to Council for the award of the contract to construct the new fire station;
And that any funding shortfall be offset by an additional transfer to Capital for tax based funding.
That Council approve the proposed Capital Budget Control Policy;
And that staff apply the principles of the Capital Budget Control Policy to the outstanding capital projects and report back to Finance and Administrative Committee on October 21st with recommendations as per the policy.
That the Finance & Administrative
Committee minutes dated September 23, 2002 be received.
CARRIED
Council consented to separate Clauses (3) and (7).
Moved by Councillor G. McKelvey
Seconded by Councillor J. Virgilio
That Report No. 49 - Development Services Committee be received and adopted.
September 24, 2002
That Council approve the Town’s participation as a “Copper Sponsor” at the Toronto CoreNet Global Summit at a cost of $5,000, and a membership in CoreNet, with a membership fee of $450;
And that this be funded from the 2002 Economic Development Budget account number 610-998-5808.
That the services in Subdivision, Registered
Plan Numbers 65M-3249 65M-3256, 65M-3036, 65R-17570, 65M-3178, 65M-3179
65R-19662, 65R-19658 and part 5, 65R-19503 be accepted;
And that by-laws be
enacted by Council to accept these subdivisions and to establish each of the
roads within the residential subdivisions as a public highway of the Town of
Markham;
And that the Community
Services Commission assume the responsibility for operating and maintaining the
infrastructure within the Subdivisions as part of the Town’s system;
And that acceptance of the
Subdivisions be taken into consideration in future operating budgets;
And that the by-law to
amend Schedule ‘12’ of Traffic By-law # 106-71, by including compulsory stop to
the indicated streets, be approved;
And that the by-law to
amend Schedule ‘A’ of Speed By-law # 105-71, by including a maximum speed of 40
kilometers per hour to the streets indicated, be approved;
And that the Mayor and
Clerk be authorized to execute the necessary releases from the terms of the
Subdivision Agreements subject to confirmation from the Director of Engineering
that the final two year guarantee periods have been completed.
(By-laws
2002-217 to 2002-226)
That the staff report entitled “Evaluation Criteria for the Environmental Land Acquisition
Fund and Administration Guidelines for the Environmental Sustainability Fund”,
dated September 24, 2002, be received;
And that Council approve the Evaluation
Criteria for the Management of the Environmental Land Acquisition Fund;
And that Council approve the formation of the Environmental Land
Acquisition Committee and appoint two or more Council representatives to the
Committee;
And that Council approve the Administration
Guidelines for the Management of the
Environmental Sustainability Fund;
And that Council approve the formation of the Environmental
Sustainability Committee and appoint two or more Council representatives to the
Committee;
And that the Commissioner of Community Services, the Commissioner of
Development Services and the Town Solicitor appoint staff to the Environmental
Land Acquisition and Environmental Sustainability Committees and the
Commissioner of Corporate Services appoint staff to the Environmental Land
Acquisition Committee;
And that the request by Markham Conservation Committee for project
funding be referred to the Environmental Sustainability Committee for
consideration and recommendation to Council for Town funding of priority
projects under the Environmental Sustainability Fund;
And that the Finance Department set up two separate interest-bearing
reserve accounts for the Environmental
Land Acquisition Fund and Environmental Sustainability Fund;
And further, that Regional Councillors Scarpitti and Wong, and
Councillors McKelvey and Shapero be appointed to the Environmental Land
Acquisition Committee;
And that Regional Councillor Wong and Councillors Shapero and Heath be
appointed to the Environmental Sustainability Committee;
And further that staff be directed to explore and report back on
options for replenishing and sustaining the Environmental Land Acquisition and
Environmental Sustainability funds.
CARRIED AS AMENDED
(See following motion to amend)
Moved by Councillor E. Shapero
Seconded by Councillor J. Heath
That Clause (3), Report No. 49 be amended to
add the following to paragraph 6:
"and the
Commissioner of Corporate Services appoint staff to the Environmental Land
Acquisition Committee"
CARRIED
That the revised "Code of Conduct for Building Officials" be endorsed.
That the correspondence from Wing Yau, Antony Leung, Shirley Fung, and William Chan, in objection to the proposed Temporary Zoning By-law amendment submitted by Tenstone Developments Inc., File ZA 02-112446, be received;
And that the Development Services Commission report dated August 26, 2002, entitled "Tenstone Developments Inc., North-West Corner of Highway 7 and Town Centre Boulevard Zoning Amendment for Temporary Information Center (ZA 02-112446)" be received;
And that the Record of the Public Meeting held on September 24th , 2002 with respect to the proposed amendments to By-law 165-80, be received;
And that the application by Tenstone Development Inc. to amend By-law 165-80, be approved;
And further that the proposed amendment to By-law 165-80, be enacted without further notice.
(By-law 2002-227)
That the Development Services Commission report dated June 4, 2002, entitled "Valore Investments Group Inc. Application to rezone the property at 5680 14th Avenue to Business Corridor, to permit the construction of a multi-tenant industrial building and a commercial building (ZA 02 106948)" be received;
And that the Record of the Public Meeting held on September 24th , 2002 with respect to the proposed amendment to By-law 108-81 be received;
And that the application by Valore Investments Group Inc. to amend By-law 108-81, be approved;
And further that the proposed amendment to By-law 108-81 be enacted without further notice.
That the Record of the Public Meeting held on September 24th , 2002 with respect to "Giuseppina Dimartino, Application for zoning amendment to permit a health and beauty spa at 8971 Woodbine Avenue (ZA 02 109618)", be received;
And that the application by Giuseppina Dimartino to amend By-law 19-94, be approved;
And that the proposed amendment to By-law 19-94 be enacted without further notice.
That the Development Services Committee
minutes dated September 24, 2002 be received.
CARRIED
Council consented to add Motions (1), (2) and (3).
Moved by Regional Councillor B. O'Donnell
Seconded by Councillor J. Virgilio
That the Ontario Professional Planners
Institute Excellence in Planning Award in the area of communications and public
education for the Great Transportation Debate, be received;
And that congratulations be forwarded to the
Commissioner of Development Services and all staff involved in this initiative.
CARRIED
(2/3rd vote to consider was
required and obtained)
Moved by Councillor G. McKelvey
Seconded by Councillor J. Heath
That the following motion be referred to
staff for a memorandum report and map to the October 8, 2002 Development
Services Committee meeting:
"Whereas a number of homes in the Cornell community face onto 9th
Line across the Golden Jubilee Greenway, and back onto either a lane (Milroy
Lane or Winkler's Lane) or a local road (Pascoe Drive, Cornell Common Road or
Riverlands Avenue), and
Whereas the Town of Markham Fence By-law 277-97, as it applies to the
Cornell community, permits fences within front yards to be 1.2 metres (4 feet)
high and within rear yards to be 1.8 metres (6 feet) high, and
Whereas the Fence By-law defines the yard facing 9th Line as the front
yard for those homes which back onto a lane, but as the rear yard for those
homes which back onto a local road, and
Whereas 1.8 metre fences would not be appropriate in a yard facing 9th
across the Golden Jubilee Greenway, and
Whereas Ward 5 Councillor Heath has consulted with the effected
residents and has reached a general consensus with them that fence heights
should be restricted to 1.2 metres (4 feet) in the yard adjoining 9th Line and
1.5 metres (5 feet) in the yard adjoining the lane or local road;
Now therefore be it resolved that staff be directed to prepare the
required amendment to the Fence By-law 277-97 for consideration by Council at
its meeting October 15, 2002;
And that the affected residents be notified of Council's intent."
CARRIED
(2/3rd vote to consider was
required and obtained)
Moved by Councillor J. Heath
Seconded by Councillor G.
McKelvey
That Superintendent Don Kirk, York Regional Police 5 Division, be
invited to the October 15, 2002 Committee of the Whole meeting to discuss the
proposed uniform Fortification By-law and process which would be common to all
area municipalities, the marijuana grow operations and any other issues of
concern.
CARRIED
(2/3rd vote to consider was
required and obtained)
Council consented to separate Communications No. 278-2002, 280-2002, and 281-2002.
Moved by Regional Councillor B. O'Donnell
Seconded by Councillor A. Chiu
That Council receive and consent to the disposition of communications in the following manner:
CARRIED
Moved by Regional Councillor T. Wong
Seconded by Councillor E. Shapero
That Clause (1), Other Business be received and adopted.
Whereas on March 18, 2002 a resolution was passed at the Finance and Administrative In-camera meeting to provide that the proceeds from the sale of the land known as the Planing Mill be deposited into the Environmental land Acquisition Reserve/Trust Fund;
Now therefore be it resolved that the proceeds from the sale of the land known as the Planing Mill, municipally known as 139 Main Street, Unionville, be deposited into the Environmental Land Acquisition Reserve/Trust Fund.
CARRIED
Moved by Councillor A. Chiu
Seconded by Councillor J. Heath
That By-laws 2002-216 to 2002-228 be given three readings and enacted.
CARRIED
Moved by Councillor A. Chiu
Seconded by Regional Councillor B. O'Donnell
That the meeting do adjourn.
CARRIED
Council adjourned at 8:05 p.m.
_________________________________ ____________________________________
TOWN CLERK CHAIR
(Signed)