2003-10-21
COUNCIL MINUTES Council Chamber, Civic Centre
(Canada
Room)
COMMITTEE
OF THE WHOLE
ROLL
CALL
Mayor D. Cousens, Deputy Mayor F. Scarpitti, Regional Councillor B. O'Donnell, Councillor S. Daurio, Councillor E. Shapero (5:15 p.m.), Councillor J. Virgilio (5:35 p.m.), Councillor G. McKelvey, Councillor J. Heath, Councillor D. Horchik, Councillor A. Chiu. (10)
Regrets
Regional Councillor G. Landon, Councillor K. Usman. (2)
Moved by Councillor A. Chiu
Seconded by Councillor S. Daurio
That Council resolve itself into the Committee of the Whole to discuss the following:
(1) Box
Grove Secondary Plan Top Soil Stripping Permit (10.4)
(2) Sciberras/Fred Varley Safety
Improvements (5.10)
(3) Modification to Official Plan Amendment
No. 113 for Highway 404 North Planning District (10.3)
(4) Licensing Hearing - “Crown Beauty
International Inc.”, 2 Corby Road, Unit #7, Markham (2.0)
(5) Licensing Hearing - "Markham Health Studio", 7800
Woodbine Avenue, Unit #115, Markham (2.0)
(6) Licensing
Hearing - “Valleywood Health Centre”, 20 Valleywood Drive, Unit 113b, Markham
(2.0)
(7) Limousine
Licences (2.23)
(8) Council Resignation
(16.23)
(9) Region of York 16th Avenue Trunk Sewer
Dewatering Project (5.5)
(10) Markham
Professional Fire Fighters Association - Negotiations (11.6)
(11) Confidential
Property Matter Markham Centre - East Precinct (10.0)
(12) Sixteenth
Avenue Trunk Sewer Project Jennings Gate (5.5)
(13) Water/Wastewater Rate Proposed Public
Meeting (5.3 & 5.5)
(14) Markham Hydro Update (13.7)
CARRIED
The Regular Meeting of Council was held on October 21, 2003 at 7:03 p.m. in the Council Chamber, Civic Centre. Mayor D. Cousens presided.
(Council
Chambers)
ROLL
CALL
Mayor D. Cousens, Deputy Mayor F. Scarpitti, Regional Councillor B. O'Donnell, Councillor S. Daurio, Councillor E. Shapero, Councillor J. Virgilio, Councillor G. McKelvey, Councillor J. Heath, Councillor D. Horchik, Councillor A. Chiu. (10)
Regrets
Regional Councillor G. Landon, Councillor K. Usman. (2)
STAFF
J. Livey, Chief Administrative Officer
J. Baird, Commissioner of Development Services
S. Birrell, Town Clerk
A. Brown, Director of Engineering
C. Conrad, Town Solicitor
B. Cribbett, Treasurer
P. Loukes, Director of Operations & Asset Management
P. Miller, Manager, Secretariat Services
B. Nanninga, Executive Assistant
J. Sales, Commissioner of Community and Fire Services
A. Taylor, Commissioner of Corporate Services
M. F. Turner, Commissioner of Strategy, Innovations & Partnership
1. DISCLOSURE OF PECUNIARY INTEREST
Councillor J. Heath disclosed an interest with respect to Clause (1), Report No. 63 - Development Services Committee, the proposed development by 1371045 Ontario Limited for 160 and 162 Bullock Drive by nature of owning property next door to the subject property, and did not take part in the consideration or discussion of or vote on the question of the approval of such matter.
Moved by Regional Councillor B. O'Donnell
Seconded by Councillor J. Virgilio
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:
That the Box Grove Developers be permitted to undertake topsoil
stripping prior to draft plan approval subject to the following conditions:
- satisfying
requirements of a topsoil stripping permit
- The
Group expedite servicing of municipal water to the property line of existing
properties in the Hamlet of Box Grove as part of the initial underground
servicing for the Secondary Plan area
- The
Box Grove Developers Group submit a well monitoring/mitigation plan for
approval to address wells, which may be impacted prior to the availability of
municipal water
- The
Box Grove Developers Group submit a communication plan for approval by staff
for distribution to area residents as soon as possible.
That the proposed pavement marking and
signage plan noted below be implemented to improve safety at the Fred Varley
Drive/Sciberras Road intersection;
- wider
cross-hatched centre-line markings
- two
advisory signs warning of "children in area" and two "curve
ahead" signs
- Additional
speed limit signs on both approaches
- Trimming
bushes in front of 115 Sciberras Road to improve visibility of speed hump sign
- Request
for priority police enforcement in this area
- cat
eyes be installed along the median
And that the Operations Department be
requested to implement these safety measures as soon as possible;
And that York Regional Police be requested to
identify this area for priority enforcement;
And that the matter of this specific stop
sign request and Town-wide stop signs be referred to the Safe Streets Task
Force early in the term of the 2004 - 2007 Council and that research statistics
and information on the impact of stop signs on speeding be available to the
Task Force.
That the Report entitled “Proposed Modification to Official Plan
Amendment No. 113 (Highway 404 North Planning District)” dated October 21 2003
be received;
And That the Region of York, as part of its approval of Official Plan
Amendment No. 113, be requested to modify Official Plan Amendment No. 113 as
outlined in Appendix ‘A’ attached to the report;
And Further That the Director of Planning and Urban Design be
authorized to work with the Region of York and to seek such other modifications
to Official Plan Amendment No. 113 as may be appropriate, to give effect to
Council’s request.
That the following recommendation of the Markham Licensing Committee be
adopted and confirmed, subject to review of the minutes by Councillor J. Heath:
1. That the application
for Complementary
Healthcare Establishment, submitted by The Owner for "Complemenary
Health Care" at 2 Corby Road, Unit #7, Markham Ontario, be denied, and
2. That, pursuant to
section 25(1) of The Statutory Powers Procedures Act, this decision not be
stayed by any appeal of this decision that may be instituted in the courts.
That the following recommendation of the Markham Licensing Committee be
adopted and confirmed:
1. That the Body-Rub Parlour Owner’s License No. 03103858, issued pursuant to Body-Rub Parlour By-law 116-98, in the name of the Owner as “Markham Health Studio”, located at Unit 115, 7800 Woodbine Avenue, not be renewed;
2. That, pursuant to
section 25(1) of The Statutory Powers Procedures Act, this decision not be stayed by any appeal of this decision that
may be instituted in the courts.
That the following recommendation of the Markham Licensing Committee be
adopted and confirmed:
1. That
the application for Body-rub Parlour, submitted by the Owner for "Valleywood Health Centre" at 20 Valleywood
Drive, Unit 113B, Markham Ontario, be denied, and
2. That,
pursuant to section 25(1) of The Statutory Powers Procedures Act, this decision
not be stayed by any appeal of this decision that may be instituted in the
courts.
That the report dated 2003-10-21, entitled "Limousine
Licences" providing comparative information from other municipalities with
respect to the transfer of limousine licences, be received for information;
And that the request of Helga Laehnemann,
President, Markham First Choice Limousine to transfer two limousine licences be
denied.
Whereas the election of Regional Councillor Tony Wong as the new Member
representing the Electoral District of Markham in the Legislative Assembly of
the Province of Ontario was published in the Ontario Gazette on October 18,
2003;
And Whereas, pursuant to Section 9(2) of the Legislative Assembly Act,
Regional Councillor Tony Wong is deemed to have resigned from Town of Markham
Council at the end of the day on which the results of the Provincial election
are Gazetted;
Now therefore be it resolved that the resignation of Regional
Councillor Tony Wong be received;
And that the position not be declared vacant.
That the verbal staff report on a protocol on procedures for notice and
communications between the Region of York and the Town of Markham be received;
And that the Chief Administrative Officer report back with a draft of
this protocol for the consideration of Committee.
That the update on Markham Professional Fire
Fighters Association negotiations presented by Commissioner of Community and
Fire Services, be received.
That the report regarding the confidential
property matter in connection with Markham Centre - East Precinct, be received.
Moved by Regional Councillor B. O'Donnell
Seconded by Councillor J. Virgilio
That the Report of the Committee of the Whole be adopted, approved and confirmed.
CARRIED
Moved by Councillor A. Chiu
Seconded by Councillor E. Shapero
That the Minutes of the Council Meeting held on September 30, 2003, be adopted.
CARRIED
Council consented to add Presentation (4).
Council recognized and congratulated Ms. Marlene Streit on winning the United States Senior Women’s Amateur Golf Championship.
..............................................................
Mayor D. Cousens vacated the Chair and Deputy Mayor F. Scarpitti assumed the Chair.
..............................................................
Council welcomed the 238th Markham Scout Troop along with their Leader Mr. Andy Lai and Assistant Leaders Mr. Jim Liang and Ms. Mandy Yung.
Council recognized and congratulated the Community & Fire Services Commission for donating $8,000 towards the Town of Markham United Way Campaign, representing proceeds from the Annual Commission Golf Tournament.
The Commissioner of Community & Fire Services presented a cheque to Ms. Linda Irvine, Manager, Parks and Open Space Development and Chair of the Town of Markham United Way Campaign.
Council extended congratulations to Tony
Wong, MPP, Markham, former Town of Markham Regional Councillor, on his election
to the Legislative Assembly of the Province of Ontario. Council celebrated Mr. Wong as a
conscientious, hard-working friend and thanked him for his leadership and
support.
Council consented to add Delegations (1) and (2).
Moved by Councillor J. Virgilio
Seconded by Councillor A. Chiu
That Report No. 62 - Transportation Committee be received and adopted.
September 29, 2003
That the Transportation Committee minutes
dated September 29, 2003 be received.
CARRIED
Council consented to separate Clauses (1), (3), (4), (5), (6), (7) and (10).
Moved by Councillor G. McKelvey
Seconded by Councillor D. Horchik
That Report No. 63 - Development Services Committee be received and adopted.
October 14, 2003
That the record of the Public Meeting held on May 6, 2003, relating to
the application by 1371045 Ontario Limited for Zoning By-law Amendment to
change the zone category from Industrial (M) to Business Corridor (BC) at 160
and 162 Bullock Drive (File ZA.02-106189) be received;
And that the Zoning By-law Amendment to change the zone category, as
set out in Appendix ‘A’ attached to the staff report dated October 14, 2003, be
approved.
(By-law 2003-309)
CARRIED
(Councillor
J. Heath abstained)
That the Development Services Commission Report entitled “Langstaff
Land Use Study, Terms of Reference, Phase I”, dated October 14, 2003, be
received;
And that the study terms of reference attached as Appendix ‘A’ to the
report dated October 14, 2003, be endorsed;
And that staff be authorized to proceed with consultant selection and
commencement of the Study, in accordance with provisions of the Purchasing
By-law, with consultant fees not to exceed $37,190.29 inclusive of 7% G.S.T.
($35,800 inclusive of 3% G.S.T.);
And that funds are provided for in Planning Department’s 1993 Capital Budget Account # 79 5399 135 Langstaff Study and 2002 Capital Budget Account # 80 5399 4812 005 Langstaff Land Use Study (Phase 2);
And that staff report back on the consultant selection and detailed
work program upon completion of the “Request for Proposal” process.
CARRIED
That the staff report entitled "Main Street Markham Streetscape and Traffic Management Study - Final Report" be received;
And that the "Main Street Markham Streetscape and Traffic Management Study - Final Report" be endorsed by Council in principle;
And that the Construction and Utilities staff be authorized to retain an engineering consultant to carry out detail design of the intersection of 16th Avenue and Markham Road (Stage 1 of Phase 1) in 2003 for construction in 2004;
And that the cost of the Stage 1 design and construction in an estimated amount of $530,000 (Town cost $243,000, ROY cost $213,000 and MTO cost $74,000) be funded from the 2003 Engineering Capital Budget, Account No. 83-5350-5208-005, and the cost contributions from the Region of York and the Ministry of Transportation;
And that the Construction and Utilities staff be further authorized to retain engineering consultants to complete the detail design of the remaining Phase 1 work and carry out the detail design of Phase V (the intersection of Highway # 7 and Markham Road);
And that the cost of detail design for the remaining Phase 1 and for the Phase V work, in an estimated amount of $70,000, be funded from the 2003 Capital Budget, Account No. 052-5399-5252-005, and the funding contribution from the Ministry of Transportation and the Region of York where applicable.
CARRIED
Council consented to a division on the question.
That correspondence dated October 14, 2003, from Michael J. McQuiad of Weir Foulds, representing Lebovic Enterprises Ltd., with concerns regarding the Oak Ridges Moraine Draft Official Plan Amendment and Zoning By-law, be received.
CARRIED
And that the staff report entitled "Oak Ridges Moraine: Draft Official Plan Amendment and Zoning By-law", dated October 14, 2003, be received;
And that the record of the Public Meeting held on July 7, 2003 with respect to the proposed amendment to the Official Plan and Zoning By-law be received;
And that the Official Plan Amendment for the Oak Ridges Moraine, attached as Appendix 'A' to the staff report dated October 14, 2003, be adopted;
And that the Draft Zoning By-law Amendment to By-law 304-87, as amended to implement the Oak Ridges Moraine, attached as Appendix 'B' to the staff report dated October 14, 2003, be passed;
And that the Ministry of Municipal Affairs and Housing be forwarded the Official Plan Amendment and Zoning By-law for approval;
And that the Ministry of Municipal Affairs be forwarded a justification report in support of the rezoning to protect the smaller woodlots;
And further that the Region of York, Toronto and Region Conservation Authority, Town of Richmond Hill, Town of Whitchurch-Stouffville, Town of Pickering, Transport Canada and the Rouge Park Alliance be provided with a copy of the amendments and notice of adoption.
(By-laws 2003-310 and 2003-311)
CARRIED AS AMENDED
(See following motion
to amend)
Moved by Councillor E. Shapero
Seconded by Councillor G. McKelvey
That Clause (4) be amended to delete the word "…for…" after the words "...in support of the rezoning..." and replace it with "…to protect…" in paragraph 6.
CARRIED
That the staff report entitled “Provincial Smart Growth Initiatives: Central Ontario Smart Growth Panel Final Report and Ontario’s Urban Forums”, dated October 14, 2003, be received for information;
And that Council endorse the general direction of the April 2003 Central Ontario Smart Growth panel’s final report;
And that Council urge the new provincial government to act on the common themes or directions of the Provincial Smart Growth Initiatives with respect to planning and investing in:
And that Council urge the new provincial government to finalize a provincial Smart Growth strategy for the Central Ontario zone linking strategic provincial planning and policy regulation to strategic provincial investment and financial management;
And that Council urge the new provincial government to immediately develop a framework to
implement the Central Ontario Smart Growth panel’s recommendations and provide immediate
support to the Town of Markham in the implementation of Smart Growth initiatives by:
(a) removing planning and regulatory barriers and expediting the provision of improved planning and fiscal tools to achieve the new Markham Centre development;
(b) developing an implementation framework to deliver provincial investment and policies to encourage compact development and balanced live/work opportunities;
(c) approving Markham’s proposal to create a Tax Increment Financing area for the Markham Centre/Highway 7, as a pilot program;
(d) acting to implement the Central Ontario Smart Growth panel’s November 2002 interim advice and appoint a commission to consult broadly with the public and stakeholders, and formulate recommendations for maintaining and improving the role and procedures of the Ontario Municipal Board to, among other things, update the role of the Board to provide a true appeal/review mechanism rather than substituting as a municipal decision maker;
(e) acting on the recommendations of the Eastern Markham Strategic
Review Committee particularly as they relate to the protection of key linkages
to the Little Rouge Creek Corridor lands of the Rouge Park, the protection of
agricultural lands, and the coordinated
planning for the lands in the vicinity of the Pickering Airport site;
(f) acting to implement the
Central Ontario Smart Growth panel’s August 2002 interim advice and investing
immediately and significantly in transit initiatives throughout the Central
Ontario zone by allocating a portion of the provincial gas or sales tax to
municipalities;
(g) expediting approval mechanisms to increase processing capacity for organic waste to prevent further delay of the implementation of municipal curbside organic waste collection;
(h) proceeding with implementing the blue box funding mechanism as set out in the Waste Diversion Act; and
(i) working with municipalities across the Central Ontario zone to ensure coordination of long-term decision-making on planning and investment in infrastructure and resolution of issues that span municipal boundaries;
(j)
initiating
special legislation under the Planning Act to protect the Rouge Park;
And that Council urge the new provincial government to act on the findings of Ontario’s Urban Forums by:
(a)
providing targeted,
long-term and sustainable funding in support of the provision of rental and
affordable housing, transit/transportation, and infrastructure initiatives; and
(b)
designing approaches to
ensure coordination and collaboration between the province, municipalities, the
federal government and the private sector.
And further that the new Provincial Government be advised that the Town
of Markham wishes to offer its support and assistance to the Province in future
Smart Growth initiatives or Smart Growth Panels, including political or senior
staff representation on Panels, Committees or Task Forces.
CARRIED
AS AMENDED
(See
following motions to amend)
Moved by Councillor E. Shapero
Seconded by Councillor G. McKelvey
That Clause (5) be amended to add the following to paragraph 5 as subsection (j):
"(j) initiating
special legislation under the Planning Act to protect the Rouge Park;"
CARRIED
Moved by Councillor E. Shapero
Seconded by Regional Councillor B. O'Donnell
That the following be added as the last paragraph:
"And further that the new Provincial
Government be advised that the Town of Markham wishes to offer its support and
assistance to the Province in future Smart Growth initiatives or Smart Growth
Panels, including political or senior staff representation on Panels,
Committees or Task Forces."
CARRIED
That the deputation by Debbie Reynolds, owner of "Life's Ruff", be received;
And that the record of the Public Meeting held on September 9, 2003, entitled, “Dogeden and Life’s Ruff, 60 Bullock Drive”, be received;
And that the Zoning By-law Amendment application (ZA.03-114132) submitted by Dogeden for a permanent by-law not be approved;
And that the proposed temporary use by-law attached as Appendix ‘A’ to the report dated October 14, 2003, be enacted.
(By-law 2003-312)
CARRIED
(See
following motions to amend which were Lost)
Moved by
Councillor J. Virgilio
Seconded by
Councillor E. Shapero
That Clause (6) be amended to delete
paragraphs 3 and 4 and the following be substituted therefor:
"That staff be directed to meet with the
landlord, the applicant and Mr. Alston to address the issues of noise
attenuation, soundproofing, parking and odour as raised this date."
LOST
Moved by Mayor D. Cousens
Seconded by Councillor J. Heath
That Clause (6) be amended to add the
following as the last paragraph:
"And that the proposed temporary use
by-law include an (H) Hold provision on the zoning to ensure that the issue of
noise attenuation has been addressed to the satisfaction of the Commissioner of
Development Services."
LOST
That the report to Development Services Committee entitled “Public Art Policy Framework”, dated October 14, 2003, be received;
And that the “Public Art Policy Framework” attached as Appendix A to the staff report dated October 14, 2003, be endorsed as a general framework and process for making decisions about the placing of art on municipal lands as well as a guideline for the future development of specific public art policies;
And that the Town Clerk proceed with the establishment of a “Public Art Advisory Committee” having the roles and responsibilities as outlined in the “Public Art Policy Framework” document;
And that, following establishment of the Public Art Advisory Committee, staff report back on the next steps necessary to implement the public art policy framework including staffing assignments, identifying priority policy areas that need further development, as well as an appropriate implementation strategy, work plan and schedule;
And further that the “Public Art Advisory Committee”, in association with staff, review and report back on how best to spend the $100,000.00 that has been allocated in the 2003 Capital budget for Public Art within the Town of Markham.
CARRIED
That
correspondence and deputation by Ira T. Kagan of Kagan Shastri, representing
Times Group Corporation, Galleria, be received;
And that the Development Services report entitled “Water Allocation Distribution (2003),” dated October 14, 2003, be received;
And that the allocation of water to specific planning districts as identified in Appendix “A” to the staff report dated October 14, 2003, be endorsed;
And that the allocation to specific planning districts be subject to conditions as listed in Appendix “B” attached to the staff report dated October 14, 2003;
And that the Town reserve the right to revoke or reallocate water allocation at its sole discretion;
And that staff report back in January 2004 with a recommended water allocation policy for high-rise residential developments;
And that staff report back in spring 2004 with an update to the 2003 allocation and with recommendations for the distribution of the 2004-2011 (±11,466 units) additional water allocation.
That the Human Resources Department be authorized to
establish school crossing guard service at the intersection of Wootten Way
South and the north leg of Senator Reesor’s Drive.
And that the Human Resources Department be authorized to remove the school crossing guard service at the intersection of Highway 7 and Wootten Way.
And that the Roads Department be directed to install school crossing
signs and crosswalk pavement markings at the Wootten Way South/Senator Reesor’s
Drive (north leg) and remove the existing school crossing signs at Highway
7/Wootten Way South upon approval of the by-law;
And that the deputation by Gillian McCarthy of the William Armstrong Public School Parent Council, be received;
And that the petition with 78 signatures in support of crossing guards at Wootten Way South at Senator Reesor's Drive, and at Wootten Way and Major Buttons; and the submission from the William Armstrong Public School Parent Council requesting additional safety measures, be received and referred to staff for a report.
That the deputation by Glenn Baron, with comments regarding the proposal by Chiavatti Developments Ltd. and Bramblewell Developments Ltd., be received;
And that the Record of the Public Meeting held on October 14, 2003 with respect to the applications by Chiavatti Developments Ltd. and Bramblewell Developments Ltd. for Official Plan and zoning by-law amendments to permit eight semi-detached residential units south of Highway 7, east of Swansea Road (OP 03-116179, ZA 03-112197), be received;
And that the applications by Chiavatti Developments Ltd. and Bramblewell Developments Ltd. for Official Plan and zoning by-law amendments be approved;
And that staff be directed to finalize the proposed Official Plan Amendment, and that the Amendment be adopted without further notice;
And that staff be directed to finalize the proposed amendment to By-law 134-79, as amended, and that the by-law be enacted without further notice.
CARRIED
That the Development Services Committee
minutes dated October 14, 2003 be received.
CARRIED
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Deputy Mayor F. Scarpitti vacated the Chair and Mayor D. Cousens assumed the Chair.
..............................................................
Council consented to add Report No. 64 - Finance & Administrative Committee.
Council consented to separate Clauses (2) and (11).
Moved by Councillor A. Chiu
Seconded by Deputy Mayor F. Scarpitti
That Report No. 64 - Finance & Administrative Committee be received and adopted.
October 20, 2003
That the report entitled "Update on Status of Capital Projects as of September 30, 2003" be received;
And that Exhibit A entitled "Summary of Open Capital Projects at September 30, 2003", attached to the staff report, be received for information purposes;
And that $1,892,595 from closed capital projects be transferred to the original sources of funding as per Exhibit B, entitled "Summary of Closed Capital Projects by Account at September 30, 2003", attached to the staff report.
That the presentation by Mr. Stephen Chait, the Director of Economic Development and Mr. Bob Glandfield, the General Manager of the Innovation Synergy Centre, be received;
And that the report entitled "Innovation Synergy Centre Status Report" be received;
And that the Innovation Synergy Centre in Markham be incorporated as a Community Development Corporation under Part III of the Corporations Act;
And that the Town appoint the Mayor, the Town Solicitor, and York University's VP of Research & Innovation to apply on the municipality's behalf for incorporation;
And that the General Manager of the Innovation Synergy Centre be authorized to sign on behalf of the Town a waiver and/or non-disclosure agreements between clients of the ISC and the ISC, contractors (i.e. mentors and consultants) working for the Innovation Synergy Centre;
And that the name "Innovation Synergy Centre in Markham" be extended to all materials coming forward.
CARRIED AS AMENDED
(See following motion
to amend)
Moved by Councillor J. Heath
Seconded by Councillor E. Shapero
That Clause (2) be amended to add the following as the last paragraph:
"And that the name "Innovation Synergy Centre in Markham" be extended to all materials coming forward."
CARRIED
That the report dated October 20, 2003, entitled "Unionville Homes Society Millennium Project - grant request for fees and letters of credit in the Site Plan Agreement for 4300 Highway #7 East, Markham, Ontario" be received;
And that the Town obtain a Master Letter of Credit in the amount of $272,758 for the development proposal in the Site Plan Agreement;
And that the Town embed the applicant's Highway 7 sanitary sewer contribution ($168,000) into the Master Letter of Credit;
And that the owner not draw down the Master Letter of Credit until all of the required works itemized in the Site Plan Agreement have been completed, and not below an amount of $168,000 corresponding to the Owner's share of the Highway 7 Sanitary Sewer (unless payment is made separately for applicant's share);
And that the owner allow the Town to cash part of the Master Letter of Credit (in the amount of $168,000) as the applicant's share of the Highway 7 Sanitary Sewer;
And that in the Site Plan Agreement, the owner will only pursue the option of a sanitary connection to the north as an interim measure in the event that the Highway 7 Sanitary Sewer is not available at the time of occupancy, and will agree to ultimately connect to the Highway 7 Sanitary Sewer once available;
And that the Town deny the request for a grant in the amount of Town processing fees;
And that the Town deny the request to take the property on Eureka Street as collateral instead of a cash contribution;
And that the owner and Town Staff cooperate together, and with other benefiting landowners, to undertake to facilitate the installation of the Highway 7 East municipal servicing project to coincide with the development of the Unionville Homes Society Millennium Project.
That the staff report entitled "Green Roof Feasibility Study Results", dated October 20, 2003, be received;
And that funding for implementing an extensive green roof system at the Civic Centre roof that allows public access on the lower level be included as a 2004 capital submission for consideration during the budget process.
That the draft Accessibility Plan be received;
And that the Accessibility Plan be made available to the public through the Clerk's Department and the Town's website;
And that the Accessibility Plan be provided to the Markham Advisory Committee on Accessibility for comment;
And that a public meeting be held and that notice of a public meeting be given by newspaper publication and by notice on the Town's website;
And that the Manager of Corporate Strategy and Quality, within the Strategy, Innovation and Partnerships Commission be appointed to:
a. Coordinate responses of Commission staff assigned to implement the Plan, monitor accessibility and update the Plan annually;
b. Maintain records with respect to accessibility issues and actions; and
c. Report to Council on the implementation of the Plan on a regular basis and make recommendations for future initiatives.
And that a staff person be identified within each commission to be responsible for inquiries relating to accessibility, annual updates of the Accessibility Plan, implementation of Commission accessibility initiatives, monitoring accessibility and following up on complaints related to accessibility;
And that the Planning Department's Design Excellence Awards for 2005 include a category for excellence in design and accessibility;
And that the Provincial government be requested to amend the Building Code Act, the Planning Act and other related Acts to ensure that municipally adopted accessibility guidelines are enforceable on non-municipal projects through subdivision, zoning, site plan approval, building permit issuance and any other means available;
And further that staff report back at the November 17, 2003 meeting of Finance & Administrative Committee on what action is being taken to make the Town's website accessible to persons with disabilities.
That the report entitled "Development Charges Indexing for 2004" dated October 20, 2003 be received;
And that Council approve an increase in all development charges of 4.0% effective January 1, 2004.
That Markham Council approve $2,587.50 inclusive of 7% GST and 8% PST ($2,497.50 inclusive of 3% GST and 8% PST) for the printing of "Character Community" banners for insertion in OMG Public Space Recycling boxes throughout the Town;
And that funding of this project be provided for in account 110-110-5830 Council Promotion;
And further that staff report back on the OMG boxes and the results to date of their advertising program.
That By-law 2002-276, a by-law to impose fees or charges for services or activities provided or done by the Town of Markham, be amended to reflect the new $10.00 Administration fee for refund requests for registered Recreation and Culture Services and to reflect the revised rental rates for the Markham Theatre.
(By-law 2003-319)
That the deputation of Mr. Glenn Baron, 251 Helen Avenue and his letter of October 20, 2003, be received;
And that the tender for the construction of watermains, sanitary sewers and road restoration of Buttonville Crescent East and West be awarded to the lowest qualified bidder Drainstar Contracting Ltd. in the amount of $342,932.66 inclusive of 7% GST ($330,112.94 inclusive of 3% GST);
And that the Mayor and Clerk be authorized to execute the contract with Drainstar Contracting Ltd. for the construction of the watermain, sanitary sewer and road restoration of Buttonville Crescent East and West;
And that Engineering Department staff be authorized to retain the consulting firm of Mitchell Pound and Braddock Ltd. to provide construction inspection and contract administration services during construction of the project to an upset limit of $10,639.40 inclusive of 7% GST ($10,241.66 inclusive of 3% GST);
And that Engineering Department staff be authorized to retain a geotechnical consulting firm to provide geotechnical testing services during construction of the project to an upset limit of $5,350.00 inclusive 7% GST ($5,150.00 inclusive of 3% GST);
And that funding be provided from the Waterworks Reserve account #83 6900 5323 005, Buttonville Crescent Servicing in the amount of $391,000;
And that future recoveries from property owners be allocated back to Waterworks Reserve;
And that upon payment of all invoices, any remaining funding will be returned to its original funding source;
And that the Legal Department report back after completion of construction with a Fee By-law in accordance with the July 8 Council resolution.
That the report entitled "Tender Award - 128-T-03 Hired Loaders on an "as and when" Required Basis" be received;
And that tender 128-T-03 Hired Loaders on an "as and when" required basis be split and awarded to the companies listed on Table A (page 3 of staff report dated October 20, 2003) in their hourly operating rates totalling an estimated $1,110,896.38 inclusive of 7% GST ($1,069,367.54 inclusive of 3% GST) for a period of two years;
And that the 2003 costs, estimated at $154, 415.90 (inclusive of 3% GST) be charged to the Operations Department's 2003 Operating Budget, account number 700 504 5407, and any over spending, projected to be $248,808.59 will be absorbed by favourable variances in other Town wide operating accounts, including Revenue (cost recovery) from the Region of York;
And that the following 2004-2005 estimated costs (inclusive of 3% GST) be provided for within the respective years' budget submission for the Operations Department:
· 2004 $534,683.77
· 2005 (Jan 1 - Mar 31) $380,267.87;
And that the 2005 and 2006 budgets/purchase orders will be adjusted for growth (increase in kilometres of roadway) based on the approved budget for that year;
And that loaders for non-winter maintenance activities, Skid Steer (1835 Case or Equivalent) Loaders and 2 Wheel Drive Loaders (items 1 & 2 on Appendix A), be awarded to the companies listed on Appendix A on an "as required basis";
And further that funds for non-winter maintenance loaders are included in Townwide operating and capital budget accounts.
That Official Plan Amendment No. 92 incorporating a Secondary Plan for
the Box Grove Area, be modified as outlined in Appendix ‘A’ to the staff report
dated October 20, 2003, without further notice;
And that the Ontario Municipal Board be requested to approve Town of
Markham Official Plan Amendment No. 92 incorporating a Secondary Plan for the
Box Grove Area, as modified herein;
And that the Town Solicitor and appropriate staff be directed to
represent the Town before the Ontario Municipal Board to defend Official Plan
Amendment No. 92 and Secondary Plan for the Box Grove Area, as modified herein;
And that this report be made public, subject to Council authorizing the above.
CARRIED
(See following
recorded vote) (10:0)
YEAS: Mayor D. Cousens, Deputy Mayor F. Scarpitti, Regional Councillor B. O'Donnell, Councillor S. Daurio, Councillor E. Shapero, Councillor J. Virgilio, Councillor G. McKelvey, Councillor J. Heath, Councillor D. Horchik, Councillor A. Chiu. (10)
ABSENT: Regional
Councillor G. Landon, Councillor K. Usman. (2)
That the Finance & Administrative
Committee minutes dated October 20, 2003 be received.
CARRIED
Council consented to add Motion (1).
Moved by Councillor J. Virgilio
Seconded by Deputy Mayor F. Scarpitti
That the request from the Markham District Veterans Association
requesting permission to hold its annual Remembrance Day Service and Parade on
Saturday, November 8, 2003, be approved;
And that all actions necessary to facilitate road closures and the
control of traffic during the Association's Remembrance Day Service and Parade,
be approved.
(2/3rd vote to consider was
required and obtained)
CARRIED
Council consented to add Communication Nos. 243-2003 and 244-2003.
Moved by Councillor A. Chiu
Seconded by Councillor E. Shapero
That Council receive and consent to the disposition of communications in the following manner:
CARRIED
Council consented to add By-law 2003-319 and separate By-law 2003-218.
Moved by Councillor A. Chiu
Seconded by Councillor D. Horchik
That By-laws 2003-309 to 2003-317 and By-law 2003-319 be given three readings and enacted.
CARRIED
Moved by Deputy Mayor F. Scarpitti
Seconded by Councillor A. Chiu
That Council recess into Committee of the Whole in-camera.
CARRIED
Moved by Councillor J. Virgilio
Seconded by Councillor E. Shapero
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:
That the staff report and direction to staff
on confidential Hydro matters be received and confirmed.
Whereas Town of Markham Engineering staff made a presentation to the
Town’s Development Services Committee on September 9, 2003 with respect to the
16th Avenue Trunk Sewer Phase II Mitigation Program;
And whereas Town of Markham Engineering staff presented a report from
Terraprobe Limited on the said date which report provided that of the 61 homes
in Jennings Gate the number of wells potentially affected by Phase II of the
trunk sewer project is two (2);
And whereas the Region of York previously committed to funding all necessary
mitigative measures with respect to private wells due to the 16th
Avenue trunk sewer project;
And whereas the residents of Jennings Gate wish to present their
mitigative proposal to the Region of York;
Now therefore be it resolved that the mitigative proposal from the
Jennings Gate residents to the Region of York as listed below, be received:
"The Region shall pay the sum of $336,000.00 (61 wells x
$6,000.00/well) toward the cost of providing municipal water to Jennings
Gate. The Region would pay each well
owner directly and each well owner would be required to execute a full
release."
And that Town staff is hereby directed to present this resolution and
the said mitigative proposal to the Region of York for their immediate
response;
And that Town staff is hereby authorized to negotiate with the Region
of York to achieve the objectives of
the Jennings Gate residents;
And that staff report back on this matter to the November 17, 2003
Finance and Administrative Committee meeting.
That a public meeting be held on Tuesday, December 9, 2003 to consider
a proposed water/wastewater rate increase to be effective January 1, 2004;
And that staff report back to Council on Tuesday, December 16, 2003
with recommendations.
CARRIED
Moved by Councillor A. Chiu
Seconded by Councillor D. Horchik
That By-law 2003-318 be given three readings and enacted.
Three
Readings
CARRIED
Moved by Councillor A. Chiu
Seconded by Councillor D. Horchik
That the meeting do adjourn.
CARRIED
Council adjourned at 11:25 p.m.
___________________________________ ___________________________________
SHEILA BIRRELL, TOWN CLERK DON COUSENS, MAYOR
(Signed)