2005-03-29

COUNCIL MINUTES Council Chamber, Civic Centre

Meeting No. 7

(Canada Room)

COMMITTEE OF THE WHOLE

ROLL CALL

Mayor D. Cousens, Deputy Mayor F. Scarpitti (5:12 p.m.), Regional Councillor J. Heath, Regional Councillor J. Jones, Regional Councillor B. O'Donnell, Councillor E. Shapero, Councillor G. McKelvey, Councillor J. Webster, Councillor D. Horchik, Councillor A. Chiu. (10)

Regrets

Councillor S. Daurio, Councillor J. Virgilio, Councillor K. Usman. (3)

Moved by Councillor A. Chiu

Seconded by Councillor E. Shapero

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

(1) Court Administration Update (7.0)

(2) Provincial Recognition of Compliance With Emergency Management Act (3.0)

(3) 2005 No-Dig Show Trenchless Technology Conference & Exhibition Orlando, Florida – April 25 - 27, 2005 (11.12)

(4) 2005 Advisory Committee/Board Appointments (16.24)

(5) OMERS Type 6 Supplementary Plan (11.0)

(6) Rouge North Official Plan Amendment No. 116 (10.3)

(7) Changes to Ontario Heritage Act Bill 60 (2.0)

CARRIED

The Regular Meeting of Council was held on March 29, 2005 at 7:00 p.m. in the Council Chamber, Civic Centre. Mayor D. Cousens presided.

(Council Chambers)

COUNCIL

ROLL CALL

Mayor D. Cousens, Deputy Mayor F. Scarpitti Regional Councillor J. Heath, Regional Councillor J. Jones, Regional Councillor B. O'Donnell, Councillor E. Shapero, Councillor G. McKelvey, Councillor J. Webster, Councillor D. Horchik, Councillor K. Usman (8:16 p.m.), Councillor A. Chiu. (11)

Regrets

Councillor S. Daurio, Councillor J. Virgilio. (2)

STAFF

J. Livey, Chief Administrative Officer

J. Baird, Commissioner of Development Services

S. Birrell, Town Clerk

C. Conrad, Town Solicitor

B. Cribbett, Treasurer

J. Sales, Commissioner of Community & Fire Services

A. Taylor, Commissioner of Corporate Services

P. Miller, Manager, Secretariat Services

1. DISCLOSURE OF PECUNIARY INTEREST

None declared.

2. REPORT OF THE COMMITTEE OF THE WHOLE

Council agreed to separate Committee of the Whole Item No. 3.

Moved by Councillor A. Chiu

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:

(1) COURT ADMINISTRATION UPDATE (7.0) Presentation

That the presentation by the Director of Financial and Client Services providing an update on court administration in York Region, be received;

And that the Town of Markham recommends amendments to the York Region Finance and Administrative Committee resolution of March 3, 2005 as follows:

- Approval be given for the immediate recruitment of six temporary staff and the Commissioner of Corporate Services report back to the Committee in June, 2005 on the case load, revenues and potential need for further staff to be hired on a phased-in basis.

- The assessment of the efficiency and effectiveness of the A review of the Court Services Program be undertaken by an independent third party in consultation with the Ministry of the Attorney General, cost shared 50:50 between the Region and the Area Municipalities at the maximum estimated Regional cost of $25,000 $62,500.

- Staff report further to Regional Council pending the outcome of the independent third party review and that report to include a recommended new Inter-municipal Agreement that would remove the tax burden of the Court Services Program from the Regional tax levy.

- The Regional Clerk forward a copy of this report to the Area Municipalities for information.

- And that a Steering Committee be formed which is representative of York Region Chief Administrative Officers, to oversee the review. Such committee to consist of approximately four or five members, at the discretion of area Chief Administrative Officers.

(2) PROVINCIAL RECOGNITION OF
COMPLIANCE WITH EMERGENCY MANAGEMENT ACT (3.0)

That the memorandum dated March 29, 2005 from the Deputy Fire Chief advising of Provincial recognition that the Town of Markham is in compliance with the Emergency Management Act and advising of next steps, be received.

(3) 2005 NO-DIG SHOW
TRENCHLESS TECHNOLOGY CONFERENCE & EXHIBITION
ORLANDO, FLORIDA – APRIL 25 -27, 2005 (11.12)

That the letter dated March 21, 2005 from Councillor A. Chiu requesting approval to attend the “2005 No-Dig Show” – Trenchless Technology Conference & Exhibition in Orlando, Florida from April 25 to 27, 2005, be received;

And that approval be granted for Councillor A. Chiu to attend to a maximum of $2,600 (CDN) with conference registration costs charged to Waterworks budget account number 760 998 5200 and travel and lodging costs associated with the conference charged to Waterworks budget account number 760 998 5201.

CARRIED

(See following recorded vote) (9:1)

YEAS: Mayor D. Cousens, Deputy Mayor F. Scarpitti, Regional Councillor J. Heath, Regional Councillor J. Jones, Regional Councillor B. O'Donnell, Councillor E. Shapero, Councillor G. McKelvey, Councillor J. Webster, Councillor A. Chiu. (9)

NAYS: Councillor D. Horchik. (1)

ABSENT: Councillor S. Daurio, Councillor J. Virgilio, Councillor K. Usman. (3)

(4) 2005 ADVISORY COMMITTEE/BOARD APPOINTMENTS (16.24)

Achievement and Civic Recognition Awards Committee

That the following persons be appointed to the Achievement and Civic Recognition Awards Committee for a term to expire November 30, 2006:

Karine Chiu

Lisa Kassabian

Ralph Persram

Gaetano Vella

Markham Public Art Advisory Committee

And that the resignation of Leslie Holt from the Markham Public Art Advisory Committee be accepted with regret and a letter of appreciation be forwarded;

And that an appropriate replacement be sought.

(5) OMERS TYPE 6 SUPPLEMENTARY PLAN (11.0)

That the presentation by Ms. Deb Preston, Manager, Pension Policy, OMERS, on OMERS Type 6 Supplementary Plan, be received.

(6) ROUGE NORTH OFFICIAL PLAN AMENDMENT NO. 116 (10.3)

That staff be instructed to renew the Town's request that the Provincial Government and the Minister of Municipal Affairs and Housing prescribe Markham's Official Plan Amendment 116 pursuant to subsection 24(3) of the Greenbelt Act, to require the amendment to conform to all of the provisions of the Greenbelt Plan.

And that the above recommendation be reported out at Committee of the Whole on March 29, 2005.

(7) CHANGES TO ONTARIO HERITAGE ACT BILL 60 (2.0)

That the Council of the Town of Markham commends the Province for its commitment to the further conservation and protection of heritage recourses, especially in the area of demolition control, heritage property standards and delegation of approval authority, as indicated in the proposed amendments to the Ontario Heritage Act (Bill 60);

And that Markham Council is concerned about the recent delays in the passage of Bill 60 given the widespread support the proposed amendments have received not only in the heritage community, but also in the broader community;

And that Markham Council urges the Premier of Ontario to expedite the passage of Bill 60 during the spring session of the Ontario Legislature.

Moved by Councillor A. Chiu

Seconded by Councillor E. Shapero

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

CARRIED

3. MINUTES

(1) COUNCIL MINUTES
- MARCH 8, 2005

Moved by Councillor A. Chiu

Seconded by Regional Councillor J. Jones

That the Minutes of the Council Meeting held on March 8, 2005, be adopted.

CARRIED

4. PRESENTATIONS

Council consented to add Presentations (2) & (3).

(1) AWARDS OF COMMENDATION (12.2.6)

Chief D. McClean and Mayor D. Cousens recognized the following persons for their actions and present Awards of Commendation:

Mr. Dave Williamson for his heroism and quick response in the rescue of an 11^th Floor resident at 25 Austin Drive during a recent apartment fire.

Mr. Keir Todd for his heroism and quick response in the rescue of his neighbour from a first floor balcony during a recent house fire.

(2) CONDOLENCES (12.2.6)

Council announced, with regret, the passing of Councillor J. Virgilio’s Mother. Sincerest condolences are extended to the family.

(3) MANY FACES OF MARKHAM (12.2.6)

Council announced the Many Faces of Markham event which celebrates Markham’s living diversity through dance and music will be held at the Markham Theatre on Monday, April 4, 2005 at 7:15 p.m. Admission is $3.00 and tickets are available.

5. DELEGATIONS

(1) Paul Fink, German Mills Ratepayers Association, in support of the recommendation before Council for the renaming of McLaren Park. Mr. Fink thanked Council for saving parks in Markham and for giving the community a voice, Councillor E. Shapero for her support and Ms. Linda Irvine, Manager, Parks and Open Space Planning, for the beautiful design of the park. (6.3)
(Report No. 11, 2005, Clause 5)

(2) Larry Bell, Owner, Camp Robin Hood, in support of the practice now being followed with respect to the school bus loading zone at Camp Robin Hood on Reesor Road. He indicated his willingness to work with staff to explore other options. (5.12)
(Report No. 10, 2005, Clause 19)

6(a) REPORT NO. 10 - GENERAL COMMITTEE

Council consented to separate Clauses (5), (10), (13), (18) & (19).

Moved by Councillor A. Chiu

Seconded by Councillor J. Webster

That Report No. 10 – General Committee be received and adopted.

March 21, 2005

(1) 2005 TAX POLICY OPTIONS – TAX IMPACTS (7.3) Report

That the following tax capping options be adopted for properties in the commercial, industrial and multi-residential classes for 2005 and future tax years:

1. Assessment related tax increases be limited to an amount which is the greater of:

a. 10% of the prior year’s annualized property taxes; or

b. 5% of the prior year’s property tax at Current Value Assessment (CVA);

2. Properties for which tax increases have been capped but are within $250 of their full

CVA tax, be moved to the CVA tax level;

3. Properties for which tax decreases have been clawed back but are within $250 of their

full CVA taxes, be moved to their full CVA level of tax;

4. Eligible properties (new construction/new to class) within the meaning of subsection

331 (20) of the Municipal Act, 2001, be taxed at a minimum of:

a. 70% of their full CVA tax value for the 2005 tax year;

b. 80% of their full CVA tax value for the 2006 tax year;

c. 90% of their full CVA tax value for the 2007 tax year;

d. 100% of their full CVA tax value for the 2008 tax year and beyond;

And that these recommendations be forwarded to the Regional Municipality of York;

And that the Province of Ontario be requested to permit municipalities to exclude those properties in the multi-residential, commercial and industrial classes that have reached their CVA level of tax from future capping and clawback provisions.

(2) FINANCIAL INCENTIVES FOR AFFORDABLE HOUSING
REQUEST FOR DEFERRAL OF DEVELOPMENT CHARGES
AND A REDUCED AND DEFERRED CASH-IN-LIEU PARKLAND
CONTRIBUTION BY THE OLD KENNEDY COOPERATION
DEVELOPMENT CORP. AT 90-108 OLD KENNEDY ROAD (7.11 & 10.7) Report

That the presentation by the Treasurer, the Senior Project Coordinator and Mr. Charles Sutherland of “Options for Homes” regarding financial incentives for affordable housing be received;

And that the March 21, 2005 staff report entitled “Financial Incentives for Affordable Housing – Request for Deferral of Development Charges and a Reduced and Deferred Cash-in-lieu of Parkland Contribution by the Old Kennedy Co-operative Development Corp. at 90-108 Old Kennedy Road” be received;

And that Council authorize a conditional deferred payment of the Town of Markham development charges (equivalent to town-wide hard and soft services or approximately $700,000) and a reduced and deferred cash-in-lieu of parkland contribution (equivalent to 5% of the land value or approximately $150,000), (collectively, the “deferred charges”), estimated to be a total of approximately $850,000 relating to the development of 135 dwelling units and 5 retail units at 90-108 Old Kennedy Road, as a pilot project financial incentive in support of affordable homeownership housing in Markham;

And that the short-term borrowing for the deferred charges be provided from the Corporate Rate Stabilization Reserve, if required, until such time as the full deferred payment owed is paid from the Home Ownership Alternatives Non-Profit Corporation;

And that the deferred charges be conditional on confirmation by the Commissioner of Development Services that the proposed development at 90-108 Old Kennedy Road has received all necessary municipal approvals, and upon meeting the criteria outlined in this report, to the satisfaction of the Town Solicitor, the Commissioner of Development Services and the Commissioner of Corporate Services.

And that the deferred charges also be conditional on the execution of an agreement between the Old Kennedy Co-operative Development Corporation, the Home Ownership Alternatives Non-Profit Corporation and the Town of Markham, to secure the payment of deferred charges, to the satisfaction of the Town Solicitor, the Commissioner of Development Services and the Commissioner of Corporate Services including, but not limited to, the following provisions:

a) that the Town of Markham’s contribution shall be combined with CMHC – Ontario Affordable Housing Program Homeownership Pilot Program funding and concentrated to provide funding assistance for a minimum of 25% or not less 34 of the dwelling units in the development (the “funded units”);

b) that the purchasers of the funded units only be eligible if:

i) their household income is less than or equal to the 40^th percentile of household incomes for Markham; and

ii) for not less than 30% of the funded units, the purchaser’s household income is less than

or equal to the 30^th percentile of household incomes for Markham;

c) that the funded units include a mix of 1, 2 and 3 bedroom stacked garden apartments and 3 and 4 bedroom townhouses to ensure affordable homeownership opportunities are provided to both individuals and families;

d) that for the funded units at least 75% of the purchasers live or work in the Region of York, and at least 37.5% live or work in the Town of Markham, at the date the unit purchase agreement is executed;

e) that the Old Kennedy Cooperative Development Corporation be required to submit a letter of credit, to the satisfaction of the Town’s Treasurer, to secure the delivery of the funded units in accordance with the above provisions and that the letter of credit be reduced accordingly once the Town is satisfied that each of the funded units and the purchasers have met the eligibility criteria;

f) that payment of the deferred charges, plus applicable interest or appreciation, to the Town be secured as follows:

- Proceeds of the resale of each funded unit will be remitted to the Town annually; and, in any event, the Home Ownership Alternatives Non-Profit Corporation will pay 90% of the deferred charges within 15 years of the condominium registration and 100% of the deferred charges within 20 years of the condominium registration;

g) that the Home Ownership Alternatives Non-Profit Corporation agree to apply the proceeds of the shared appreciation of their deferred deposit mortgages registered on all units of the development to fund further Home Ownership Alternatives non-profit housing developments, preferably in Markham and/or other municipalities in York Region, in accordance with their Declaration of Trust; and

h) that the Home Ownership Alternatives Non-Profit Corporation will act responsibly in administering any second mortgage related to the deferred charges, and failing to do so or in the event that the Home Ownership Alternatives Non-Profit Corporation ceases to exist, said second mortgage shall be forthwith transferred to the Town of Markham as it relates to the payment of the deferred charges.

And that the payment of deferred charges also be conditional on the Old Kennedy Co-operative Development Corporation providing written confirmation, that a CMHC - Ontario Affordable Housing Program Homeownership Pilot Project funding allocation of not less $810,000 is available to apply towards the funded units, to the satisfaction of the Commissioner of Development Services and Commissioner of Corporate Services;

And that in the event that the full CMHC – Ontario Affordable Housing Program Homeownership Pilot Project funding allocation is not made available by the Province that the Town of Markham’s contribution be reduced in an equivalent manner;

And that the Province be requested to amend the provincial eligibility requirements relating to the cost price of the dwelling units and the selection of eligible purchasers in Markham, to permit the full funding allocation of $810,000 to be used and to demonstrate the Province’s commitment to partnering with municipal governments in support of affordable home ownership development in Markham and York Region;

And that the Region of York be requested to make a similar contribution respecting deferral of Regional development charges for this affordable home ownership pilot project to demonstrate the Region’s commitment to partnering with senior and local municipal levels of government in support of affordable home ownership development in Markham and York Region;

And that the Clerk be directed to forward a copy of this report to the Minister of Public Infrastructure Renewal, York Region MPPs and the Region of York.

(3) AUTHORIZATION TO ENTER INTO DATA USE LICENCE
AGREEMENTS WITH GOVERNMENT AGENCIES (7.13 & 8.2) Report

That the report entitled “Authorization to Enter into Data Use Licence Agreements with Government Agencies” be received;

And that the Mayor and Clerk be authorized to enter into a data use licence agreement with the Ministry of Municipal Affairs and Housing to obtain digital mapping of the Greenbelt Plan, in a form satisfactory to the Town Solicitor;

And that the Mayor and Clerk be authorized to enter into future data use licence agreements with government agencies, as outlined in the report, in a form satisfactory to the Town Solicitor and the Commissioner of Development Services.

(4) TENDER AWARD #003-T-05 CULVERT REPAIRS
ON ELGIN MILLS ROAD EAST AND DENISON STREET (5.10 & 7.12.2) Report

That the report entitled “Tender Award #003-T-05 Culvert Repairs on Elgin Mills Road East and Denison Street” be received;

And that the contract for tender #003-T-05 Culvert Repairs on Elgin Mills Road East and Denison Street be awarded to the lowest priced bidder, Gatbridge Contracting Ltd. in the amount of $463,935 exclusive of GST;

And that funds are provided for in Capital Works, ROW 2002 Capital Budget Account #65 5350 4872 005 Bridges and Culverts Rehabilitation in the amount of $507,160;

And that the balance of $43,225 less the committed amount of $8,022, leaving a remaining balance of $35,203 will be used as a contingency for this project, the use of which will be guided by the Expenditure Control Policy.

(5) HERITAGE PROPERTY TAX REDUCTION
INFORMATION REPORT (7.3 & 16.11) Report

That the Heritage Property Tax Reduction Program – Information Report, dated March 21, 2005, be received as information;

And that the Region of York be requested to reconsider its participation in municipal heritage tax relief programs and that the Markham Regional Councillors raise this issue at Regional Council at the earliest opportunity.

CARRIED

(6) NOISE BY-LAW EXEMPTION
CANADIAN CANCER SOCIETY (2.10) Report

That Council approve an exemption to the Town’s Noise By-law 2003-137 to permit amplified music from 5:00 p.m. to 7:00 a.m. on June 10^th and 11^th, 2005 at the Markham Museum.

(7) RFP #082-R-04 - TOWN OF MARKHAM
PARKING SOFTWARE (7.12 & 2.17) Report

That the report dated Monday, March 21, 2005 entitled “RFP #082-R-04 – Town of Markham Parking Software” be received;

And that the contract for the acquisition and implementation of Parking Management Software be awarded to ParkSmart, Inc. in the amount of $198,831.21 inclusive of 8% PST from the 2005 ITS capital budget.

And that funding be provided from the 2005 ITS Capital budget account #49-5350-6764-005 ($258,000.00 set aside for this project).

(8) A NEW BY-LAW TO REGULATE SPECIAL SALES
WITHIN THE TOWN OF MARKHAM (2.22) Report

That a new by-law be enacted to regulate Special Sales within the Town of Markham;

And that By-Law 2002-284 (A By-Law to Establish License Fees for the Town of Markham) be amended to include a $500.00 fee for an initial license and a $250.00 fee for a repeat license to recover costs for the processing of Special Sale licenses;

And that the existing By-Law 2001-38 (A By-Law to License and Regulate Special Sales and Persons Conducting Special Sales) and By-Law 2001-39 (A By-Law to provide for the licensing of Transient Traders) each be repealed.

(By-laws 2005-87 & 2005-88)

(9) AMENDMENT OF BY-LAW 277-97
(FENCE BY-LAW) (2.19) Report

That By-Law No. 277-97, “A By-Law for Prescribing the Height and Description of Lawful Fences in the Town of Markham and for Determining How the Cost of Division Fences Shall be Apportioned”, be amended to require swimming pool enclosures to conform to the regulations contained in the Fence By-Law.

(By-law 2005-89)

CARRIED

……………………………

Mayor D. Cousens vacated the Chair and Deputy Mayor F. Scarpitti assumed the Chair.

……………………………

(10) PROPOSED TENDERING OF THE CENTENNIAL
COMMUNITY CENTRE EXPANSION AND
INDOOR BOCCE COURTS (7.12 & 6.6) Report

That this report entitled “Proposed Tendering of the Centennial Community Centre Expansion and Indoor Bocce Courts” be received;

And that Indoor Bocce Courts be included as part of the Centennial Community Centre Expansion project;

And that the complete agreement between the Town of Markham and the Markham Bocce Association be presented for approval at a future meeting of the General Committee prior to its execution;

And that Council approve tendering the Centennial Community Centre Expansion and Indoor Bocce Courts project;

And further that an extensive green roof on the swimming pool roof be included as a separate item in the tender for the Centennial Community Centre Expansion and that the decision to include the green roof in the project be deferred until the tender award.

DEFERRED

(See following motion to defer)

Moved by Mayor D. Cousens

Seconded by Regional Councillor J. Jones

That Clause 10, Report No. 10 be deferred and referred back to staff to allow further discussion of the various options with Council within the next two weeks.

CARRIED

……………………………

Deputy Mayor F. Scarpitti vacated the Chair and Mayor D. Cousens assumed the Chair. Deputy Mayor F. Scarpitti spoke to this issue.

……………………………

(11) REPORT ON FUNDING REQUEST FOR A SOLAR THERMAL
DISTRICT ENERGY FEASIBILITY STUDY (5.7 & 5.0) Report

That the staff report entitled “Report on Funding Request for a Solar Thermal District Energy Feasibility Study” dated March 21, 2005 be received;

And that an application for funding be made to the Green Municipal Fund on behalf of the Town of Markham by Science Applications International Corporation Canada for a Solar Thermal District Energy Feasibility Study, as described in this report;

And that funding be approved to an upset limit of $25,000 from the Markham Environmental Sustainability Fund to cover the Town’s share of the cost of preparing the feasibility study;

And that the Town’s contribution to the cost of preparing the study be conditional on Times Group Corp. contributing matching funds (25% of the cost of the study);

And that the Town of Markham Environmental Sustainability Fund be reimbursed for the study cost by Markham Energy Conservation Office if Powerstream approves the Thermal Storage and Fuel Switching Pilot.

(12) PURCHASE OF SPONSORSHIPS – 4^TH ANNUAL
TARTAN GALA – FRIDAY, APRIL 15, 2005 (12.2.6) Report

That tickets be purchased for Councillors wishing to attend the York Regional Police Pipes & Drums 4^th Annual Tartan Gala to be held at the Renaissance Parque Dining, Banquet & Convention Centre on Friday, April 15, 2005. Charges to account #840 8415840.

(13) AMENDMENT TO BY-LAW 32-95 TO REMOVE
PLASTIC BAGS AS APPROVED CONTAINERS
FOR RESIDENTIAL LEAF AND YARDWASTE (5.7) Report By-law

That the report entitled “Amendment to By-Law 32-95 to Remove Plastic Bags as Approved Containers for Residential Leaf and Yardwaste” be received;

And that By-law 32-95, as amended, be further amended as follows:

By deleting Part II, Subsection 4(e) and replacing it with the following:

4. (e) yard materials shall be placed out, unmixed with any other refuse, in Kraft paper bags specifically designed for the curbside collection of yard materials or in reusable, rigid, tapered containers, such as bushel baskets and refuse containers. Twigs and branches shall be less than 15cm (6 inches) in diameter and tied using a non-ferrous material in bundles no longer than 1.2m (4 feet) in length;

And that the current residential leaf and yard material collection schedule remain every other week from April to November in 2005;

And that staff monitor leaf and yard material collection operations in 2005;

And further that the Region of York be requested to provide a temporary “plastic bag amnesty” in the month of October 2005 when plastic bags could be used for the collection of residential leaf and yard material.

(By-law 2005-74)

CARRIED

(See following recorded vote) (8:2)

(See following motion to amend which was Defeated)

YEAS: Mayor D. Cousens, Deputy Mayor F. Scarpitti, Regional Councillor J. Jones, Regional Councillor B. O'Donnell, Councillor G. McKelvey, Councillor J. Webster, Councillor D. Horchik, Councillor A. Chiu. (8)

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

ABSENT: Councillor S. Daurio, Councillor J. Virgilio, Councillor K. Usman. (3)

Moved by Regional Councillor J. Heath

Seconded by Councillor E. Shapero

That Clause 13, Report No 10 be amended by deleting the fifth and final paragraph in its entirety.

DEFEATED

(See following recorded vote) (2:8)

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

NAYS: Mayor D. Cousens, Deputy Mayor F. Scarpitti, Regional Councillor J. Jones, Regional Councillor B. O'Donnell, Councillor G. McKelvey, Councillor J. Webster, Councillor D. Horchik, Councillor A. Chiu. (8)

ABSENT: Councillor S. Daurio, Councillor J. Virgilio, Councillor K. Usman. (3)

(14) WEST NILE VIRUS 2004 UPDATE AND 2005
ACTION PLAN (5.7) Report

That the staff report titled “West Nile Virus 2004 Update and 2005 Action Plan”, dated March 21, 2005, be received;

And that the Town of Markham continue to support the Region of York, Health Services Department in their activities to control of the West Nile Virus in 2005, 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 2005, 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 continue to 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 20 additional bat houses on Town lands 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 October 2005, at a cost of up to $25,000 (including fringe benefits and overhead);

· One 150-day By-Law Enforcement Officer dedicated to enforcement of the Standing Water By-Law, from April to September 2005, at a cost of up to $20,000 (including fringe benefits and overhead).

· Up to $50,000 for: a high-pressure flusher truck as an enhanced approach to reducing mosquito breeding in those areas without catch basins; installation of bat boxes at appropriate Town-owned properties; additional windmill powered aerators, as warranted; establish a pilot project introducing fathead minnows in storm water management ponds; and, continuation of the catch basin screening initiative.

(15) RESOLUTION – ADVISORY COMMITTEE ON
ACCESSIBILITY: MARCH 16, 2005 (16.9)

That the following resolution from the Advisory Committee on Accessibility on March 16, 2005, be adopted;

“That up to four members of the Markham Advisory Committee on Accessibility be authorized to attend the “Creating Accessible Communities” workshop to be held on Wednesday, April 27^th in the Town of Markham’s Canada Room at a cost of $40.00 per person to be paid from the 2005 Corporate Contingency account number 840-841-7849.”

(16) THREE-STREAM PHASE TWO IMPLEMENTATION
UPDATE (5.1) Report

That the report entitled “3-Stream Phase 2 Implementation Update” be received;

And that Phase Two of Markham’s 3-Stream collection system be implemented Town wide on Monday July 04, 2005 to approximately 55,000 single-family homes;

And that the cost to transfer and process organics (SSO) for the months of July and August 2005 be shared equally between Markham and the Region of York to an upset limit of $77,300;

And that the cost be funded from additional revenue to be received from the WDO in excess of the budgeted amount in Waste Management Provincial Grants and Subsidy Operating Account #770-772-8350;

And further that the Region be requested to approve Markham’s implementation plan as outlined in this report, at the March 31, 2005 meeting of Regional Council.

(17) ANNUAL WATER QUALITY REPORT (5.3) Report 1

That the Annual Summary Report to Council as required by Schedule 22 of Ontario Regulation 170/03 enclosed herein be received;

And that the Annual Summary Report to MOE (Attachment “A”), comprised of Parts I, II & III-Form 2, III-Form 6 for the Ministry of the Environment on water supply and quality as required by Section 11 of Ontario Regulation 170/03 be received;

And that Council directs staff to post the Annual Regulatory Report to MOE on the Town’s website and that it be made available to residents in hard copy version.

(18) FIREFIGHTER RECRUITMENT: PROJECT
OVERVIEW AND UPDATE (3.0) Presentation

That the presentation by Mr. M. Bekking and Ms. N. Daley regarding a Firefighter Recruitment Project Overview and Update, be received;

And that, without compromising the current level of excellence in the Fire Department, priority in the firefighter recruitment process be given to those applicants best reflecting the diversity of Markham’s local community.

CARRIED AS AMENDED

(See following motion to amend)

Moved by Councillor E. Shapero

Seconded by Councillor G. McKelvey

That Clause 18, Report No. 10 be amended by inserting the words “…diversity of Markham’s …” before “… local community.” in the last paragraph.

CARRIED

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Councillor K. Usman joined the meeting at 8:16 p.m

………………………………….

(19) REESOR ROAD AT CAMP ROBIN HOOD
SCHOOL BUS LOADING ZONE (5.12) Report 1 2 3 4 By-law

That the deputations by Mr. J. Feldman, Torkin Manes Cohen Arbus, and Mr. L. Bell, Senior Director, Camp Robin Hood, regarding the school bus loading zone on Reesor Road at Camp Robin Hood be received;

And that Schedule 21 of By-law 106-71 pertaining to school bus loading zones be amended to rescind the By-law 209-84 provisions for Reesor Road at Camp Robin Hood;

And that Management at Camp Robin Hood be advised that the bus loading zone on Reesor Road will not be permitted starting with the 2005 camp season;

And that the Operations and Asset Management Department be directed to remove the existing Bus Loading Zone signs upon approval of the attached by-law.

(By-law 2005-81)

DEFERRED

(See following motion to defer)

Moved by Regional Councillor J. Heath

Seconded by Regional Councillor J. Jones

That Clause 19, Report No. 10 be deferred and referred back to staff for further discussions of options with the camp and that staff report back at the April 18, 2005 General Committee meeting.

CARRIED

(20) EUREKA STREET PARKING PROHIBITION (5.12.4) Report 1 By-law

That Schedule 2 of Parking By-law 336-88 pertaining to “Parking for a Restricted Period” be amended as it relates to Eureka Avenue;

And that the necessary amending by-law be approved;

And that the Operations and Asset Management Department be directed to install the appropriate signs upon approval of the amending by-law;

And that the Parking Control Department be directed to enforce the amending by-laws.

(By-law 2005-82)

(21) BUR OAK AVENUE AND COUNTRY RIDGE DRIVE
ALL WAY STOP CONTROL (5.12.3) Report By-law

That Schedule 12 of Traffic By-law 106-71 for an all way stop control be amended to include the intersection of Bur Oak Avenue and Country Ridge Drive and that the necessary by-law be approved;

And that the Operations and Asset Management Department be directed to install and maintain the appropriate signs upon approval of the amending by-law;

And that the York Regional Police be requested to enforce the all way stop control upon installation of these signs.

(By-law 2005-83)

(22) OTHER COMMITTEE PROCEEDINGS
- MINUTES OF GENERAL COMMITTEE MEETING
- MARCH 21, 2005 (16.0)

That the General Committee minutes dated March 21, 2005 be received.

CARRIED

6(b) REPORT NO. 11 - DEVELOPMENT SERVICES COMMITTEE

Council consented to separate Clause (5), (6) and (12).

Moved by Councillor G. McKelvey

Seconded by Councillor E. Shapero

That Report No. 11 – Development Services Committee be received and adopted.

March 22, 2005

(1) FINAL ASSUMPTION
RESIDENTIAL PLANS OF SUBDIVISION (10.7)

Whereas by Memorandum dated January 31, 2005 the Director of Engineering advised that the two year guarantee period for registered Plans 65M-2315, 65M-2090, 65M-2348, 65M-2409, 65M-2438, 65M-2565, 65M-2635, 65M-2930, 65M-2931, 65M-2999, 65M-2850, 65M-2851, 65M-2901, 65M-3199 and 65M-2316 have expired and all securities have been returned to the owners;

Now therefore be it resolved that the services in the following subdivisions be assumed:

M.S.C. Investments Limited 65M-2315

West Quarter Investments Ltd. 65M-2090

Sunny Park Developments Limited and Hillhurst Acres Limited 65M-2348

Steeles-Jane Properties Inc. 65M-2409

Slough Estates Canada Limited 65M-2438

Arrowdale Developments Limited 65M-2565

Cedarland Properties Limited 65M-2635

Laburnham Investments Inc. 65M-2930 and

65M-2931

Laburnham Investments Inc. 65M-2999

Monarch Construction Limited 65M-2850 and

65M-2851

Denison Properties Corporation 65M-2901

664948 Ontario Ltd. 65M-3199

502627 Ontario Limited, Whitehorn Investments Limited

Rivette Herzig and 434023 Ontario Limited 65M-2316

And that the Mayor and Clerk be authorized to execute the necessary releases from the terms of the subdivision agreements;

And further that the necessary by-laws be enacted to establish roads within the subdivisions as part of the highways of the Town of Markham.

(By-laws 2005-58 to 2005-70)

(2) FINAL ASSUMPTION
RESIDENTIAL PLANS OF SUBDIVISION (10.7)

Whereas by Memorandum dated January 31, 2005 the Director of Engineering advised that the two year guarantee period for registered Plans 65M-3101, 65M-3036, 65M-3038, 65M-3055 and 65R-22181 have expired and all securities have been returned to the owners;

Now therefore be it resolved that the services in the following subdivisions be assumed:

Laburnham Investments Inc. 65M-3101

Cedar-Erin Developments Inc. 65M-3036

Invar Holdings Limited and Silverdale Developments Limited 65M-3038

Sixteenth Warden Limited 65M-3055

Monarch Construction Limited (Greencroft Crescent) 65R-22181

And that the Mayor and Clerk be authorized to execute the necessary releases from the terms of the subdivision agreements;

And further that the necessary by-laws be enacted to establish roads within the subdivisions as part of the highways of the Town of Markham.

(3) DESIGNATION UNDER PART IV OF THE ONTARIO
HERITAGE ACT, 2960 SIXTEENTH AVENUE
DANIEL QUANTZ HOUSE
OWNER: WOODBINE/CACHET WEST INC. (16.11.3) Report

That the “Daniel Quantz House” at 2960 Sixteenth Avenue be approved for designation under Part IV of the Ontario Heritage Act;

And that the Clerk’s Department be authorized to:

- publish and serve Council’s Notice of Intention to Designate as per the requirements

of the Act; and

- prepare the Designation By-law for the property.

(4) DESIGNATION UNDER PART IV OF THE ONTARIO
HERITAGE ACT, 14 ALEXANDER HUNTER PLACE
PETER G. MUSTARD HOUSE
OWNERS: GREG KNIGHT AND TARA COOKE (16.11.3) Report

That the “Peter G. Mustard House” at 14 Alexander Hunter Place be approved for designation under Part IV of the Ontario Heritage Act, as recommended by Heritage Markham;

And that the Clerk’s Department be authorized to:

- publish and serve Council’s Notice of Intention to Designate as per the requirements of the

Act; and

- prepare the Designation By-law for the property.

(5) MCLAREN PARK - REQUEST FOR RENAMING (6.3) Report

That the correspondence from Patsy Bosomworth, in objection to the name change to “Simonston Park”, and from Chris Papahadzis, in support of honouring the McLarens, be received;

And that the report to Development Services Committee, dated March 22, 2005, and entitled “McLaren Park – Request for Renaming” be received;

And that “McLaren Park”, located at the corner of Simonston Blvd. and Don Mills Road in Thornhill, be renamed “Simonston Park” as requested by the majority of German Mills Community respondents who completed the McLaren Park Renaming Survey;

And that the pathway in Simonston Park be named the McLaren Pathway, to recognize the important contributions that the McLaren family have made to both the German Mills and Thornhill communities;

And that up to $50,000 be set aside to design, produce and mount 4 heritage interpretive signs along the pathway or at each entrance of the pathway, depicting the McLaren farmlands, history of the family and contributions to Thornhill and the Town of Markham;

And that consideration be given to name a new park or facility in Markham or Thornhill, after “Susannah McLaren” who fought and died in WW2;

And further, that permanent recognition be given to Jane McLaren for her contributions to Thornhill, as the first librarian of the Thornhill Village Library, as a local historian and local activist, by requesting that the Markham Library Board place a plaque be in the Thornhill Village Library, or a cairn in the garden, or by naming a room after her;

And that staff work with the Thornhill Subcommittee, Ward Councillor, the McLaren family, and the community on the above.

CARRIED

(6) DELEGATION AUTHORITY UNDER YORK REGION’S
NEW REGIONAL FOREST CONSERVATION BY-LAW
(2.21, 13.4) Report

That the report to Development Services Committee dated March 22, 2005 entitled “Delegation Authority under York Region’s New Regional Forest Conservation By-law” be received;

And that, pursuant to s.135 (10) of the Municipal Act, 2001, Council delegate its powers to pass a by-law regulating the destruction or injury of woodlands which are greater than 0.2 hectares and less than 1 hectare in size to the Region of York, and that the new Regional Forest Conservation By-law apply to woodlands that are greater than 0.2 hectares (0.5 acres) and less than 1 hectare (2.5 acres) in size within the Town of Markham;

And that Council enact the Delegation By-law.

(By-law 2005-84)

CARRIED

(7) 1421122 AND 1421121 ONTARIO LIMITED
VOLVO/AUDI AUTOMOBILE DEALERSHIP
4072, 4086 AND 4096 HIGHWAY #7 EAST
SITE PLAN AND HOLD REMOVAL (SC 04 006103, ZA 02 114375)
(10.5, 10.6) Report

That the staff report dated March 22, 2005, entitled “Recommendation Report – Volvo/Audi Automobile Dealership at 4072, 4086 and 4096 Highway #7 East, Site Plan Approval and Hold Removal Applications, 1421122 and 1421121 Ontario Limited”, be received;

And that the zoning application (ZA 02 114375) submitted by 1421122 and 1421121 Ontario Limited to remove the Hold (H) provision appended to the zoning on the portion of the lands known as 4096 Highway #7 East, be approved;

And that a by-law to remove the Hold (H) provision be enacted following execution of a site plan agreement;

And that the site plan application (SC 04 006103) to permit a vehicle sales establishment under one ownership, at 4072, 4086, and 4096 Highway #7 East, be approved subject to the following conditions:

1. That prior to final approval of the site plan, the owner shall submit final drawings, including but not limited to, site plans and elevations drawings, landscape plans, and engineering drawings that comply with all requirements of the Town and authorized public agencies, to the satisfaction of the Commissioner of Development Services;

2. That prior to execution of the site plan agreement, the owner shall provide to the Town an acoustical report prepared by a certified professional Acoustical Engineer. A retainer fee of $1000.00 must be submitted to the Engineering Department immediately for the peer review process. The owner further acknowledges that a peer review consultant shall review and confirm the recommendations of the report, and ensure that the final site plan reflects the recommendations of the report to the satisfaction of the Town.

3. That prior to final approval of the site plan, the owner shall provide the Town with a lighting plan to the satisfaction of the Town, ensuring lighting levels are directed or otherwise screened so as not to encroach upon adjacent properties;

4. That prior to final approval the owner shall ensure satisfactory arrangements have been made to satisfy all obligations, financial or otherwise required in the site plan agreement, including provision for payment of all applicable fees, recoveries, cash-in-lieu of parkland, local services contributions and development charges;

5. That prior to final approval, the owner shall provide a tree preservation plan and final landscape plans showing buffering/landscaping at the rear of the property and along the proposed alignment of Lichfield Road as per criteria of the Town of Markham Urban Design Section and to the satisfaction to the Commissioner of Development Services;

6. That the owner enter into a site plan agreement with the Town, containing all standard and special requirements of the Town, Region of York and other public agencies including access requirements on Highway #7 East, to the satisfaction of the Region of York Transportation and Works Department, prior to commencing any work on the site or road allowance, including providing any associated financial securities required by the Region;

7. That the owner shall covenant and agree in the site plan agreement to provide a Letter of Credit and to enter into a front-ending agreement with the Town and other developers for the installation of the ultimate stormwater management facility and stormwater outlet;

8. That the owner shall submit an analysis report for the on site sanitary holding tank to the satisfaction of the Director of Engineering, providing for but not limited to, timing of discharge, discharge rates, including an analysis of the downstream capacity of the existing sanitary sewers;

9. That the owner acknowledges in the site plan agreement and that future redevelopment or intensification on these lands would require the owner to enter into a developer’s group agreement for the Secondary Plan PD 1-15 Area, and further acknowledges to abide by the developers' group agreement and to pay its proportionate share of any applicable costs to the satisfaction of the Trustee, including matters such as the following:

i) Internal storm sewer facilities, sanitary sewers and watermains;

ii) Internal roads, intersection improvements and signalization;

iii) Lands for community facilities such as parks, school sites, church sites, bus loops, etc.;

iv) Other infrastructure as approved by the Director of Engineering.

10. That the owner shall covenant and agree in the site plan agreement to enter into a separate servicing agreement for the external sanitary sewer and to pay its pro rata share of the extension of the storm sewer along Highway #7 East;

11. That the owner shall covenant and agree in the site plan agreement not to park any display vehicles on the landscaped areas, or within any sight triangles;

12. That the owner shall covenant and agree to provide for a minimum of 15 customer parking spaces identified with appropriate signage at the front of the building, as identified on the site plan;

13. That the owner shall covenant and agree in the site plan agreement to convey lands to the Town to accommodate the future extension of Lichfield Road, including a 0.3 metre reserve, free of costs and encumbrances upon execution of the site plan agreement. In the event that Council determines that the conveyed lands are not required by the Town as a result of the emerging pattern of development to the East, the Town may convey the lands back to the landowner at no cost;

14. To provide a minimum of 1.2m clearance from any existing above ground utilities to the proposed driveway access, and pay for any required relocation of these utilities to ensure this requirement can be satisfied;

15. That the owner shall covenant and agree in the site plan agreement to prohibit the use of audible and visual annoyances such as outdoor paging systems, car alarms, and to also prohibit promotional banners, flags, etc., so as not to negatively impact upon adjacent properties;

16. That the owner shall covenant and agree in the site plan agreement not to obstruct, and not to permit the obstruction of, Highway #7 East for the purposes of the loading or unloading of vehicles, by requiring all delivery trucks to load or off-load on-site only, and not on public roads;

17. That the owner acknowledges and agrees in the site plan agreement that the approved variance application only permits 2 automobile premises within 3 separate buildings, integrated under one ownership and to be merged and registered on title;

18. And further that the site plan approval will lapse after a period of three years commencing March 22, 2005, in the event that a site plan agreement is not executed.

(8) MAIN STREET UNIONVILLE SOUTH STREETSCAPE PLAN (10.8) Report

That the Development Services Commission Report dated March 22, 2005, entitled “Main Street Unionville South Streetscape Plan” be received;

And that the Main Street Unionville South Streetscape Plan (Level 2) be endorsed as the preferred streetscape design subject to an approved funding and implementation strategy based on the results of community input, and in consultation with the Engineering Department and Heritage Markham;

And that the Engineering Department be authorized to undertake the detailed streetscape design and costing as part of the preliminary engineering design work for the Main Street Unionville South EA, based on the “Level 2 Streetscape Enhancements” as described in this report;

And that the detailed streetscape design be funded under Engineering Department approved budget account nos. 083-5399-6124-005, 083-5399-5224-005 (total of $88,800) and from the Planning and Urban Department Design account no. 080-5399-6631-005 in the amount of $2,000;

And further that staff report back to Development Services Committee in the fall of 2005 to seek approval for the road reconstruction and streetscape enhancements with the understanding that the project will compete with other projects from across the Town under the 2006 capital budget process.

(9) MACEDONIAN REQUEST FOR COOPERATION AGREEMENT
(10.16) Report

That the report entitled “Macedonian Request For Cooperation Agreement” be received;

And that the Mayor be authorized to negotiate and sign an agreement of cooperation between the Town of Markham and the Municipality of Kisela Voda in the Republic of Macedonia;

And that the terms of the agreement be focused on fostering a spirit of fraternity and cooperation between Markham and Kisela Voda.

(10) YORK TECHNOLOGY ASSOCIATION SPONSORSHIP
(10.16) Report

That the report entitled “York Technology Association Sponsorship” be received;

And that the Town renew its annual corporate sponsorship at a cost of $5,000 plus GST;

And that this expenditure be funded from within the Economic Development Business Development account #610-9985808.

(11) MARKHAM SMALL BUSINESS ENTERPRISE CENTRE
BUSINESS PLAN (10.16) Report

That the report entitled “Markham Small Business Enterprise Centre (MSBEC) Business Plan” be received and endorsed.

(12) YORK REGION RAPID TRANSIT CORP., 2875 14^TH AVENUE
APPLICATION FOR TEMPORARY USE ZONING BY-LAW
AMENDMENT TO PERMIT A TEMPORARY OPERATIONS
AND MAINTENANCE FACILITY (ZA 05 006494) (10.5)

That the written submission from Robert Milne of Robert Barry Holdings Limited, stating concerns regarding the proposed Zoning By-law amendment application (File ZA 05 006494) submitted by York Region Rapid Transit Corporation for 2875 14^th Avenue, be received;

And that the Record of the Public Meeting held on March 22, 2005, with respect to “York Region Rapid Transit Corporation, Application for Temporary Use Zoning By-law Amendment to permit a temporary Operations and Maintenance Facility, 2875 14^th Avenue”, be received;

And that the application to amend Zoning By-law 2284-68, as amended, be enacted without further notice.

(By-law 2005-85)

DEFERRED

(See following motion to defer)

Moved by Councillor G. McKelvey

Seconded by Councillor E. Shapero

That Clause 12, Report No. 11 be deferred and referred to the April 12, 2005 Council meeting at the request of Region of York Rapid Transit.

CARRIED

(13) OTHER COMMITTEE PROCEEDINGS
- MINUTES OF DEVELOPMENT SERVICES
COMMITTEE MEETING – MARCH 22, 2005 (16.0)

That the Development Services Committee minutes dated March 22, 2005 be received.

CARRIED

7. MOTIONS

Council consented to add Motions (1) & (2).

(1) AWARDS OF COMMENDATION (12.2.6)

Moved by Deputy Mayor F. Scarpitti

Seconded by Regional Councillor J. Heath

That sincere thanks and appreciation be extended to Mr. Dave Williamson and Mr. Keir Todd for their heroism and contribution to the community in two recent Markham fires.

CARRIED

(2/3rds vote to consider was required and obtained)

(2) MCLAREN PARK – REQUEST FOR RENAMING (6.3)

Moved by Councillor E. Shapero

Seconded by Councillor A. Chiu

That Councillors S. Daurio and G. McKelvey, the McLaren family and the German Mills Ratepayers Association be thanked for their contribution to a mutually satisfactory resolution to the McLaren Park renaming.

CARRIED

(2/3rds vote to consider was required and obtained)

8. COMMUNICATIONS

Council consented to add Communication 46-2005.

Moved by Councillor A. Chiu

Seconded by Councillor K. Usman

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

Received

39-2005 Town of Newmarket – Forwarding a resolution indicating support for the City of Toronto’s bid pursuit for the 2015 World Expo. (13.5.2)

40-2005 City of Vaughan – Forwarding the City of Vaughan Citizens’ Charter of Rights and Responsibilities which was adopted by Vaughan Council on February 28, 2005. (13.5.2)

41-2005 Town of Halton Hills – Forwarding a resolution demanding that the Ontario Government address the 2004/5 funding shortfalls for GTA/905 hospitals, create and use a population, needs-based funding formula for Local Health Integrated Networks and make legislative/regulatory changes to enable municipalities/regions to use revenue generated through Development Charges for construction/renovations to hospitals. (13.5.1)

42-2005 Ministry of the Attorney General – Inviting applications for 2005/6 Community Projects Grant Program through the Ontario Victim Services Secretariat. (13.2)

43-2005 Ontario Municipal Board – Advising that the hearing set for March 22 and 23, 2005 to hear the Ruskinvale Developments Ltd. matter has been adjourned and rescheduled to June 8, 9, and 10, 2005. (13.13)

44-2005 Ontario Municipal Board – Advising of a further hearing date to hear the Markham Glen Inc. and Minto (Markham) Limited matter has been set for June 2, 2005 and may be converted to a settlement hearing. (13.13)

45-2005 Ontario Municipal Board – Advising of a conference call scheduled for April 8, 2005 and a further pre-hearing conference scheduled for June 3, 2005 to attempt to settle the appeals of ten of the Town’s Development Charges By-laws. (13.13)

46-2005 Region of York Rapid Transit – Requesting that consideration of a temporary operations and maintenance facility at 2875 14^th Avenue be deferred and referred to the April 12, 2005 Council meeting. (10.5)
(Report No. 11, 2005, Clause 12)

CARRIED

9. PROCLAMATION

(1) PROCLAMATIONS (3.4)

Moved by Councillor K. Usman

Seconded by Regional Councillor B. O’Donnell

That the following be proclaimed in the Town of Markham:

- Idle-Free Day – March 31, 2005

- Parkinson’s Disease Awareness Month – April, 2005

- Day of Mourning For Workers Killed Or Injured On The Job – April 28, 2005

- Asian Heritage Month – May, 2005

- Mental Health Week – May 2 to 9, 2005

- Marlene Stewart Streit Week – May 15 to 21, 2005

- Seniors’ Month – June, 2005

- Relay for Life Day – June 10, 2005

And that the Canadian Cancer Society be granted permission to set up displays in the Municipal Office main reception area promoting the Relay for Life;

And that the proclamation of April 28, 2005 as the Day of Mourning For Workers Killed Or Injured On The Job be published on the Markham Page;

And that the flags at the Markham Civic Centre be lowered to half mast on April 28, 2005 to commemorate the Day of Mourning For Workers Killed Or Injured On The Job.

CARRIED

10. BY-LAWS

Council consented to withdraw By-law Nos. 2005-81 and 2005-85.

Council consented to add By-law Nos. 2005-87 to 2005-89.

Moved by Councillor A. Chiu

Seconded by Councillor K. Usman

That By-laws 2005-58 to 2005-80, and By-laws 2005-82 to 2005-84 and By-laws 2005-86 to 2005-89 be given three readings and enacted.

Three Readings

BY-LAW 2005-58 A by-law to establish streets laid out according to Plan of Subdivision 65M-2315 as public highway (M.S.C. Investments Limited, Part of Lot 5 Concession 3 – Rosemount Avenue, Lyndhurst Drive, Cummings Court).
(Clause 1, Report No. 11, 2005)

BY-LAW 2005-59 A by-law to establish streets laid out according to Plan of Subdivision 65M-2316 as public highway (502627 Ontario Limited, Whitehorn Investments Limited, Rivette Herzig, 434023 Ontario Limited, Part of Lot 1, Concession 4 – Ferrier Street, Acadia Avenue).
(Clause 1, Report No. 11, 2005)

BY-LAW 2005-60 A by-law to establish streets laid out according to Plan of Subdivision 65M-3199 as public highway (664948 Ontario Ltd., Part of Lots 44 and 45 Plan 2440 – Kevlin Road).
(Clause 1, Report No. 11, 2005)

BY-LAW 2005-61 A by-law to establish streets laid out according to Plan of Subdivision 65M-2901 as public highway (Denison Properties Corporation, Part of Lots 2 and 3 Concession 7 – Durant Crescent, Marydale Avenue).
(Clause 1, Report No. 11, 2005)

BY-LAW 2005-62 A by-law to establish streets laid out according to Plan of Subdivision 65M-2850 and 65M-2851 as public highway (Monarch Construction Limited, Part of Lots 12 and 13, Concession 6 – Carlton Road, Halterwood Circle, Canterfield Close, Central Park Drive (65M-2850); Carlton Road, Houndsbrook Crescent (both portions), Fawnbrook Circle, Manhattan Drive, Arborfield Lane, Paddock Lane (65M-2851).
(Clause 1, Report No. 11, 2005)

BY-LAW 2005-63 A by-law to establish streets laid out according to Plan of Subdivision 65M-2999 as public highway (Laburnham Investments Inc., Part of Lots 4 and 5 Concession 8 – Song Bird Drive, Norbury Drive, Lemsford Drive).
(Clause 1, Report No. 11, 2005)

BY-LAW 2005-64 A by-law to establish streets laid our according to Plan of Subdivision 65M-2930 and 65M-2931 as public highway (Laburnham Investments Inc.), Part of Lots 4 and 5, Concession 8 – Bluebell Drive, Bretton Circle, Boxwood Crescent, Havelock Gate, Ridley Crescent (65M-2930); Boxwood Crescent (65M-2931).
(Clause 1, Report No. 11, 2005)

BY-LAW 2005-65 A by-law to establish streets laid out according to Plan of Subdivision 65M-2635 as public highway (Cedarland Properties Limited, Block 111, Plan 65M-2351 and Part of Lot 4 Concession 6 – Randall Avenue, Townley Avenue, Stather Crescent, Kyla Crescent).
(Clause 1, Report No. 11, 2005)

BY-LAW 2005-66 A by-law to establish streets laid out according to Plan of Subdivision 65M-2565 as public highway (Arrowdale Developments Limited, Part of Lot 2, Concession 5 – Harvest Moon Drive, Maitland Drive, Clayton Drive).
(Clause 1, Report No. 11, 2005)

BY-LAW 2005-67 A by-law to establish streets laid our according to Plan of Subdivision 65M-2438 as public highway (Slough Estates Canada Limited, Part of Block A, Plan M-1812 and Part of Lot 4, Concession 4 – Bentley Street, Amber Street).
(Clause 1, Report No. 11, 2005)

BY-LAW 2005-68 A by-law to establish streets laid out according to Plan of Subdivision 65M-2409 as public highway (Steeles-Jane Properties Inc., Part of Lots 14 and 15, Concession 3 – Renfrew Drive).
(Clause 1, Report No. 11, 2005)

BY-LAW 2005-69 A by-law to establish streets laid out according to Plan of Subdivision 65M-2348 as public highway (Sunny Park Developments Limited and Hillhurst Acres Limited, Part of Lot 5, Concession 2 and Part of Lots 4 and 5, Concession 3 and Part of Road Allowance between Concessions 2 and 3 and Part of Road Allowance between Lots 5 and 6, Concession 3 – Bradgate Drive, Northbank Court, Bronte road, Banting Court).
(Clause 1, Report No. 11, 2005)

BY-LAW 2005-70 A by-law to establish streets laid out according to Plan of Subdivision 65M-2090 as public highway (West Quarter Investments Ltd., Part of Lot 6, Concession 3 – Stacey Crescent, Alexis Road).
(Clause 1, Report No. 11, 2005)

BY-LAW 2005-71 A by-law to dedicate certain lands as part of the highways of the Town of Markham (Block 111, Plan 65M-3731, Edward Jeffreys Avenue)

BY-LAW 2005-72 A by-law to repeal Part Lot Control Exemption By-law No. 2004-315 (Lot 1, Plan 65M-3680).

BY-LAW 2005-73 A by-law to repeal Part Lot Control Exemption By-law No. 2004-324 (Lots 3 and 4, Plan 65M-3687, designated as Parts 1 to 4, Plan 65R-26433 and Block 9, Plan 65M-3687, designated as Part 5, Plan 65R-26433).

BY-LAW 2005-74 A by-law to amend By-law No. 32-95, as amended, a by-law to establish and maintain a system for the collection and disposal of refuse in the Town of Markham (to remove plastic bags as acceptable containers for residential leaf and yardwaste).
(Clause 13, Report No. 10, 2005)

BY-LAW 2005-75 A by-law to designate a property as being of Historic and/or Architectural Value or Interest (James Darius Harrington House, 9642 Ninth Line).
(Clause 2, Report No. 64, 2004)

BY-LAW 2005-76 A by-law to designate a property as being of Historic and/or Architectural Value or Interest (The Almira Flour and Woollen Mill, 4160 19^th Avenue).
(Clause 6, Report No. 67, 2004)

BY-LAW 2005-77 A by-law to designate a property as being of Historic and/or Architectural Value or Interest (St. John’s Lutheran Cemetery, 8933 Woodbine Avenue).
(Clause 8, Report No. 67, 2004)

BY-LAW 2005-78 A by-law to designate a property as being of Historic and/or Architectural Value or Interest (Box Grove School House, 7651 9^th Line).
(Clause 8, Report No. 67, 2004)

BY-LAW 2005-79 A by-law to designate a property as being of Historic and/or Architectural Value or Interest (Buttonville Women’s Institute Community Hall, 8931 Woodbine Avenue).
(Clause 8, Report No. 67, 2004)

BY-LAW 2005-80 A by-law to amend By-law 2002-178 being a by-law to appoint Municipal Law Enforcement Officers (to revise Schedules “A” & “B”)

BY-LAW 2005-81 A by-law to amend Traffic By-law 106-71, as amended (School bus loading zones be amended to rescind the By-law 209-84 provisions for Reesor Road at Camp Robin Hood)
(Clause 19, Report No. 10, 2005) WITHDRAWN

BY-LAW 2005-82 A by-law to amend Parking By-law 336-88, as amended (Parking for a Restricted Period – Eureka Street, West side)
(Clause 20, Report No. 10, 2005)

BY-LAW 2005-83 A by-law to amend Traffic By-law 106-71, as amended (Compulsory Stops – Bur Oak Avenue at Country Ridge Drive)
(Clause 21, Report No. 10, 2005)

BY-LAW 2005-84 A by-law to delegate authority to the Regional Municipality of York to pass a By-law regulating the injury or destruction of trees in woodlots from 0.2 hectares (0.5 acres) to 1 hectare (2.5 acres) in size within the Town of Markham.
(Clause 6, Report No. 11, 2005)

BY-LAW 2005-85 A by-law to amend Zoning By-law 2284-68, as amended, to permit a temporary public transit operations, maintenance and outdoor bus storage facility (2875 14^th Avenue)
(Clause 12, Report No. 11, 2005) WITHDRAWN

BY-LAW 2005-86 A by-law to confirm the proceedings of the Council meeting of March 29, 2005.
(Council Meeting No. 7, 2005)

BY-LAW 2005-87 A by-law to regulate Special Sales (repeals By-law 2001-38, a by-law to regulate special sales and persons conducting special sales and By-law 2001-39, a by-law to provide for the licencing of Transient Traders).
(Clause 8, Report No. 10, 2005)

BY-LAW 2005-88 A by-law to amend By-law 2002-284, a by-law to establish license fees for the Town of Markham (Special Sales Licences).
(Clause 8, Report No. 10, 2005)

BY-LAW 2005-89 A by-law to amend By-Law 277-97, a by-law for prescribing the height and description of lawful fences in the Town of Markham and for determining how the cost of the division fences shall be apportioned (to require swimming pool enclosures to conform to the regulations contained in the Fence By-Law).
(Clause 9, Report No. 10, 2005)

CARRIED

11. ADJOURNMENT

Moved by Councillor A. Chiu

Seconded by Councillor K. Usman

That the meeting do adjourn.

CARRIED

Council adjourned at 9:05 p.m.

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SHEILA BIRRELL, TOWN CLERK DON COUSENS, MAYOR

(Signed)