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                                                                                                                                      2004-9-28

COUNCIL MINUTES  Council Chamber, Civic Centre

Meeting No. 18

 

(Canada Room)

COMMITTEE OF THE WHOLE

 

ROLL CALL

Mayor D. Cousens, Deputy Mayor F. Scarpitti, Regional Councillor J. Heath, Regional Councillor J. Jones, Councillor S. Daurio, Councillor E. Shapero, Councillor J. Virgilio (5:45pm), Councillor J. Webster, Councillor D. Horchik, Councillor K. Usman, Councillor A. Chiu. (11)

 

Regrets

Regional Councillor B. O'Donnell, Councillor G. McKelvey. (2)

 

Moved by Councillor A. Chiu

Seconded by Councillor K. Usman

 

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

 

(1)        Celebration of the Arts Markham Theatre - Request For Assistance (7.0, 12.2.6)

(2)        Hydro One Update (13.8)

(3)        Hydro One - Bill 100 (13.8)

(4)        Award of Tender No. 123-T-04 Construction of the Museum Reception Centre Building & Parking Lot (7.12)

(5)        2004 Committee/Board Appointments (16.24)

(6)        Application for Adult Entertainment Parlour Owner’s License Renewal, 1598238 Ontario Limited “Friction Gentlemen’s Club”, 175 Anderson Ave, Markham (2.0)

(7)        Suspension & Revocation of Adult Entertainment Parlour Operator’s Licence “Friction Gentlmen’s Club”, 175 Anderson Avenue, Markham (2.0)

(8)        Proclamation - World Sight Day - October 14, 2004 (3.4)

(9)        Disaster Relief Donation Haiti (7.6)

 

CARRIED

 

 

The Regular Meeting of Council was held on September 28, 2004 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 (7:40pm), Councillor S. Daurio, Councillor E. Shapero, Councillor J. Virgilio, Councillor J. Webster (7:15pm), Councillor D. Horchik, Councillor K. Usman, Councillor A. Chiu. (11)

 

Regrets

Regional Councillor B. O'Donnell, Councillor G. McKelvey. (2)

 

 

 

STAFF

J. Livey, Chief Administrative Officer

J. Baird, Commissioner of Development Services

S. Birrell, Town Clerk

J. Carnegie, Director, Corporation Communications

C. Conrad, Town Solicitor

B. Cribbett, Treasurer

P. Miller, Manager, Secretariat Services

B. Nanninga, Executive Assistant

J. Sales, Commissioner of Community & Fire Services

A. Taylor, Commissioner of Corporate Services

 

 

 

1.         DISCLOSURE OF PECUNIARY INTEREST

 

None declared.

 

 

 

2.         REPORT OF THE COMMITTEE OF THE WHOLE

 

Moved by Councillor A. Chiu

Seconded by Councillor J. 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:


 

(1)        CELEBRATION OF THE ARTS
            MARKHAM THEATRE - REQUEST FOR ASSISTANCE (7.0, 12.2.6)

 

That the letter and email communication dated September 15, 2004 from Debra Weller, Celebration of the Arts requesting assistance with Markham Theatre costs for the Celebration of the Arts to be held on October 16, 2004 be received;

 

And that the email dated September 17, 2004 from David Scott providing background information be received;

 

And that a grant in the amount of $1,500.00 be approved for the 2004 event;

 

And that staff be authorized to negotiate additional contra agreements with the theatre;

 

And that there be further discussion and consultation for future years on a regional basis.

 

 

(2)        HYDRO ONE UPDATE (13.8)

 

That the Hydro One update by the Commissioner of Development Services be received;

 

And that the presentation by Deputy Mayor F. Scarpitti regarding a commitment made by PowerStream staff, and accepted by the PowerStream Board of Directors, that PowerStream will study and report on the potential effects of various transmission options under review as part of the Hydro One Class Environmental Assessment ("EA") process (including ability to service growth; reliability; technical efficiency; environmental effects including appearance, EMFs and proximity to populated areas;  timing; and profitability), be received;

 

And that Council of the Town of Markham endorse the PowerStream commitment and request similar endorsement from the Councils of the Town of Aurora, the Town of Newmarket, Town of Richmond Hill and the City of Vaughan;

 

And that Council of the Town of Markham request that Councils of the Town of Aurora and the Town of Newmarket direct their local power distribution companies to perform a similar review of the transmission options under review as part of the current Hydro One Class Environmental Assessment of the York Region Transmission Supply Project;

 

And that Council of the Town of Markham request that Hydro One suspend the current Class EA process pending receipt of the results of the review being undertaken by PowerStream.


 

(3)        HYDRO ONE - BILL 100 (13.8)

 

Whereas on June 15, 2004, the Minister of Energy introduced Bill 100, an Act to amend the Electricity Act, 1998 and the Ontario Energy Board Act, 1998 and to make consequential amendments to other Acts, which, if passed, will reform the provincial electricity sector;

 

And whereas Bill 100 is presently at the second reading stage following consideration by Ontario's Standing Committee on Social Policy;

 

And Whereas Bill 100 will establish an office known as the Conservation Bureau, to provide leadership in energy conservation and load management within Ontario;

 

And Whereas Bill 100 will amend the Electricity Act, 1998 to provide a process for integrated energy resource management within Ontario, which will encompass issues of supply, demand and transmission and encourage conservation, load management and greater reliance on renewable energy;

 

And Whereas Bill 100 will create the Ontario Power Authority (“OPA”) to forecast the medium and long-term energy needs within the Province, and to conduct independent planning for generation, demand management, conservation, alternative energy supply, and transmission;

 

And Whereas the Hydro One Transmission Supply Project for York Region has been proposed and is being assessed strictly on the basis of forecast transmission needs, without any consideration of demand and load management, conservation or alternative energy supply;

 

And Whereas one or more of the local utilities for whom Hydro One has proposed the Transmission Supply Project for York Region are now reconsidering those forecast transmission needs and alternatives available to meet those needs;

 

Be it therefore proposed that the Councils of the Towns of Markham, Aurora, Richmond Hill and Newmarket and the City of Vaughan request that the Minister of Energy direct that Hydro One suspend the Class EA process in relation to the Transmission Supply Project for York Region, and designate York Region as the pilot region for the OPA’s integrated resource management forecasting and planning process under Bill 100.

 

 

(4)        AWARD OF TENDER NO. 123-T-04
            CONSTRUCTION OF THE MUSEUM RECEPTION CENTRE
            BUILDING AND PARKING LOT (7.12) weblink

 

That Tender # 123-T-04 for the construction of the Museum Reception Centre Building and Parking Lot be awarded to the lowest price and acceptable bidder Surrey Construction as follows in the total amount of $1,089,502.83 inclusive of 7% GST ($1,018,226.94 exclusive of GST);


 

And that a contingency of  $ 53,500 inclusive of 7% GST ($50,000 exclusive of GST) be established and that the General Manager, Construction and Utilities, be authorized to approve cost overrun up to the contingency amount;

 

And that funding is provided from the approved 2003/2004 Museum Capital Budgets in the amount of $698,300 for this contract;

 

And that Council pre-approve $490,000 from the 2005 Recreation and Cultural Services Department Construction Capital Budget to award this contract.

 

 

(5)        2004 COMMITTEE/BOARD APPOINTMENTS (16.24)

 

Markham Conservation Committee

 

That the resignation of Donna Sardone from the Markham Conservation Committee be accepted with regret and a letter of appreciation be forwarded;

 

And that a replacement appointment be considered at the time of other appointments in fall, 2004.

 

Markham Race Relations Committee

That the resignation of Ashna Kohli from the Markham Race Relations Committee be accepted with regret and a letter of appreciation be forwarded;

 

And that a replacement appointment be considered at the time of other appointments in fall, 2004.

 

Markham Public Art Advisory Committee

That the following be appointed to the Markham Public Art Advisory Committee for a term to expire November 30, 2005:

Ms. Deborah Castello

Ms. Elizabeth Chong

Mr. Paul Leonidis

Mr. Virendar Puri

Ms. Leslie Holt

Ms. Azra Riaz

Ms. Judi McIntyre

Ms Priti Tripathi


 

 

(6)        APPLICATION FOR ADULT ENTERTAINMENT PARLOUR
OWNER’S LICENSE RENEWAL
1598238 ONTARIO LIMITED
“FRICTION GENTLEMEN’S CLUB”
175 ANDERSON AVE, MARKHAM (2.0)

 

That the owner’s license for 1598238 Ontario Limited, c.o.b. as Friction’s Gentlemen’s Club, at 175 Anderson Avenue, issued pursuant to Town of Markham By-law 2002-287 be renewed for a temporary period of 30 days and such renewal shall take effect once the following conditions have been satisfied:

 

            1.   The following alterations shall be made to the VIP area of the club:

a.       all walls and partitions in the VIP area shall be removed and replaced with a railing that shall not obstruct the view into the VIP area to the satisfaction of the Licensing Officer for the Town of Markham and in compliance with the provisions of the Building Code;

b.      all couches in the VIP area shall be removed and replaced with tables and chairs to the satisfaction of the Licensing Officer for the Town of Markham;

c.       adequate lighting shall be installed in the VIP area and throughout the club to ensure adequate visibility to the satisfaction of the Licensing Officer for the Town of Markham;

 

            2.   A written schedule of training with respect to the provisions of the Town’s by-law No. 2002-287, for attendants who will provide adult entertainment services shall be provided to the satisfaction of the Licensing Officer.

 

And that the temporary 30 day renewal of the owner’s license granted to 1598238 Ontario Limited shall be subject to the following conditions:

 

            1.   An application for a new owner’s license and operator’s license for the subject adult entertainment establishment at 175 Anderson Avenue shall be made and submitted to the Licensing Officer of the Town of Markham.

 

            2.   The new owner shall provide with his application for a license to the Licensing Officer of the Town of Markham a signed letter of agreement, acknowledging and agreeing to comply with all the conditions set out herein and which are attached to the temporary license granted to 1598238 Ontario Limited.

 

            3.   The named persons shall not be employees of or have any involvement in or connection with the operation of the subject business.

 

            4.   Training shall be provided with respect to the requirements of the Town of Markham By-law 2002-287 to all attendants who will provide adult entertainment services at 175 Anderson Avenue in accordance with the letter provided to the Licensing Officer as set out above. 

 

            5.   An operator shall be designated to monitor the activity in the VIP area and shall walk through and conduct inspections of the VIP area at 15 minute intervals.


 

(7)        SUSPENSION AND REVOCATION OF ADULT
ENTERTAINMENT PARLOUR OPERATOR’S LICENCE
“FRICTION GENTLMEN’S CLUB”
175 ANDERSON AVENUE, MARKHAM (2.0)

 

That the current operator’s license to operate Friction’s Gentlemen’s Club at 175 Anderson Avenue be revoked and that the suspension of the license by the Licensing Officer be confirmed.

 

 

(8)        PROCLAMATION - WORLD SIGHT DAY
            OCTOBER 14, 2004 (3.4)

 

That October 14, 2004 be proclaimed World Sight Day in the Town of Markham;

 

And that a letter be forwarded from the Mayor's Office to that effect.

 

 

 

(9)        DISASTER RELIEF DONATION HAITI (7.6)

 

That a grant in the amount of $1,000 to Haiti be approved with respect to the recent hurricane disaster;

 

And that such grant be directed through a recognized agency;

 

And that staff of the Town of Markham be provided the opportunity to match this donation.

 

 

Moved by Councillor A. Chiu

Seconded by Councillor J. Virgilio

 

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

 

CARRIED


 

3.         MINUTES

 

(1)        COUNCIL MINUTES
            - SEPTEMBER 14, 2004

 

Moved by Councillor A. Chiu

Seconded by Councillor K. Usman

 

That the Minutes of the Council Meeting held on September 14, 2004, be adopted.

 

CARRIED

 

 

 

4.         PRESENTATIONS

 

Council consented to add Presentations (3).

 

(1)        MARKHAM GROUP OF ARTISTS AND
            MARKHAM GROUP OF WRITERS
            - BOOK LAUNCH (12.2.6)

 

Council acknowledged the Markham Group of Artists and Markham Group of Writers for their collaboration on a book published in September, 2004.

 

 

(2)        CELEBRATE OUR ENVIRONMENT, SILVER TRASH CAN AWARD
             AND NATURAL GARDENS PRESENTATIONS (12.2.6)

 

CELEBRATE OUR ENVIRONMENT

Council extended appreciation and thank the following community groups and individuals for their participation in Celebrate our Environment:

 

Ward 1

Grandview Area Residents' Association

Kirk Drive Clean up Crew

Pomona Mills Park Conservationists

 

Ward 2

Friends of Little German Mills Creek

5th Thornhill Scouts

7th Thornhill Scouts Canada


 

Ward 3

1st Unionville Scouts

6th Unionville Sparks

All Saints School

Buddha’s International Light Association

Jean Rattray

Mark Garvey

Markham Girl Guides

Markham Rugby Club

St. Matthew's Catholic School

Sunoco

The Walden Pond Walkabout - A Pollution Solution

William Berczy Public School Eco Club

 

Ward 4

2nd Markham Falcon Scout Troop

James Robinson Public School

Markham Lion's Club

Milne Park Conservation Association

Sanofi Synthelabl

Ralph Tuckwell

Wismer Public School

Vision Youth Leadership Program

 

Ward 5

748 Royal Canadian Army Cadets

Cedar Grove Residents Association

Cornell Village Public School

Rouge Fairways Residents Association

Sandra Moyer

Vinegar Hill Ratepayers Association

 

Ward 6

2nd Unionville Cub Pack

3rd Unionville Scouts

Johnson & Johnson Medical Products

Victoria McGrath

 

Ward 7

238 Scout Troop

333rd Markham Scouts

Sri Sathya Sai Centre of Toronto

 

Ward 8

Milliken Mills Lions Club

Johnson Controls Ltd

 

In Kind Assistance

Markham Parks Operations Staff

Markham Roads Operations Staff

Markham Corporate Communications Staff

 

SILVER TRASH CAN AWARD

The Silver Trash Can Award is presented to groups who have collected the most bags of garbage:

 

Junior

St. Mathew’s Catholic School

 

Senior

None

 

Special

The Walden Pond Walkabout – A Pollution Solution

 

 

NATURAL GARDENS TOUR

Council extended appreciation and thanked the following community groups and individuals for their participation in opening their gardens to the public for the Natural Gardens Tour:

 

Ward 1

Valerie Burke

 

Ward 2

Elizabeth Hutchison
Brian Kaplan
Eric & Kate Shapero

Ward 4

Lesley Price

Ward 7

David Vince

Ward 8

Kun Mio

In Kind Assistance

Dave Rogalsky, TRCA

Mark Lowe, TRCA

Colleen Cirillo - Markham Green Neighbourhoods & Natural Gardens Tour Co-ordinator

Trudy Tatangelo, volunteer


 

(3)        HEART AND STROKE FOUNDATION
            MOTHER/DAUGHTER WALK (12.2.6)

 

Councillor Shapero advised of the recent Heart and Stroke Foundation Mother/Daughter Walk at Toogood Pond at which the foundation doubled its fundraising goal of $22,000.00.

 

 

 

5(a)      REPORT NO. 47 - ECONOMIC DEVELOPMENT COMMITTEE

 

Moved by Councillor J. Virgilio

Seconded by Councillor K. Usman

 

That Report No. 47 - Economic Development Committee be received and adopted.

 

September 13, 2004

 

(1)        SARS RECOVERY PROGRAM,
            FINAL REPORT (7.6 & 16.24, 13.4.4) Weblink

 

That the report entitled “SARS Recovery Program – Final Report”, dated September 13, 2004, be received;

 

And that “Thank You” letters be sent on behalf of Markham Council to Brenda McGowan, York Region Tourism Coordinator; Chris Hales, Chair of the North East Toronto Hotel Association (and GM of the Radisson Hotel); and the Province of Ontario (for its $100,000 support);

 

And that Regional Councillor Bill O’Donnell (Task Force Chair), and members of the Markham SARS Economic Recovery Task Force (Deputy Mayor Scarpitti, Councillor Usman, Councillor Chiu, and former Regional Councillor Tony Wong) be acknowledged;

 

And further that upon receipt of York Region’s final report to the Province and Markham in late fall, 2004, that the report be circulated to Committee, Council, Finance and the Clerk’s office.

 

 

(2)        MARKETING PROGRAM FOR BALANCE OF 2004 (10.16) Weblink  

 

That the presentation of the Director, Economic Development, regarding the Marketing Program for the Balance of 2004, be received.

 

And that Councillor A. Chiu and Economic Development Officer D. Ciastko be authorized to represent Markham at the Corenet Global business conference in San Antonio, TX at a cost not to exceed $4,500 to be funded from within the approved Business Travel account #610-9985201.


 

(3)        OTHER COMMITTEE PROCEEDINGS
            - MINUTES OF ECONOMIC DEVELOPMENT
            COMMITTEE MEETING – SEPTEMBER 13, 2004 (16.0) 

 

That the Economic Development Committee minutes dated September 13, 2004 be received.

 

CARRIED

 

 

 

5(b)      REPORT NO. 48 - COMMUNITY SERVICES & ENVIRONMENT COMMITTEE

 

Moved by Councillor A. Chiu

Seconded by Regional Councillor J. Jones

 

That Report No. 48 - Community Services & Environment Committee be received and adopted.

 

September 13, 2004

 

(1)        MINUTES – ADVISORY COMMITTEE ON ACCESSIBILITY
            JUNE 17, AND AUGUST 18, 2004 (16.9)     Jun. 17     Aug. 18

 

That the minutes of the Advisory Committee on Accessibility meeting held on June 17, and August 18, 2004, be received.

 

And that the following resolutions from the August 18, 2004 meeting be adopted:

 

“That a standard signage program that addresses accessibility issues for all residents of Markham be established;”

 

“That Council be requested to consider examining the western existing part of the Centennial Community Centre with respect to accessibility issues and include the remediation of any issues in the current project.”

 

 

(2)        CONSOLIDATED AGREEMENT FOR
            CHILD CARE SERVICES (6.0 & 7.0 & 8.0) Weblink

 

That the report entitled “Consolidated Agreement for Child Care Services” be approved;

 

And that Council authorize the Mayor and Clerk to execute a Consolidated Agreement for Child Care Services between the Town of Markham and The Regional Municipality of York, in a form satisfactory to the Town Solicitor.


 

(3)        AUTHORIZATION FOR COMMISSIONER OF COMMUNITY
            AND FIRE SERVICES TO ENTER INTO NON-CONFORMING
            RENTAL CONTRACTS ON BEHALF OF THE
            TOWN OF MARKHAM (6.0 & 7.0 & 8.0) Weblink

 

That the report titled "Authorization for Commissioner of Community and Fire Services to Enter into Non-Conforming Rental Contracts on Behalf of the Town of Markham" be received;

 

And that the Commissioner of Community and Fire Services, on the recommendation of the Director of Recreation and Culture, Facility Co-ordinators and Managers of cultural venues, be authorized to enter into rental agreements up to a value of $25,000 net of expenditures on behalf of the Town of Markham, subject to all Town requirements being adhered to with respect to policies, by-laws, permits, insurance, etc.

 

 

(4)        OTHER COMMITTEE PROCEEDINGS
            - MINUTES OF COMMUNITY SERVICES & ENVIRONMENT
            COMMITTEE MEETING – SEPTEMBER 13, 2004 (16.0)

 

That the Community Services & Environment Committee minutes dated September 13, 2004 be received.

 

CARRIED

 

 

 

5(c)      REPORT NO. 49 - FINANCE & ADMINISTRATIVE COMMITTEE

 

Moved by Councillor S. Daurio

Seconded by Councillor K. Usman

 

That Report No. 49 - Finance & Administrative Committee be received and adopted.

 

September 20, 2004

 

(1)        KEEPING OF PIGEONS - URBAN AREA (2.8)   Weblink 

 

That the owner of pigeon operations at 14 Griffin Court be exempted from the provisions of By-law 182-96 "A by-law to prohibit the keeping of certain classes of animals and to regulate the keeping of certain other classes of animals in the Town of Markham" subject to the property owner entering into a written agreement with the Town that shall include the following conditions:

            1.         That permission pertains to the current owner only.

            2.         Pigeons are to be housed solely on the subject property.

            3.         A maximum of 40 pigeons be permitted on the property.

            4.         All structures used to house the pigeons must meet zoning lot line set-backs,

                        building and property standards regulations.


            5.         Receipt of a written commitment that flights of the pigeons be restricted to

                        twice daily between the hours of 6:00am - 10:00am, and 7:00pm - 10:00 pm.

            6.         Continued membership in the Brampton & Peel County Poultry, Pigeon & Pet

                        Stock Association.

            7.         All pigeons must be banded with identifying leg bands issued by a club or

                        organization.

(By-law 2004-271)

 

 

(2)        MEMORANDUM OF UNDERSTANDING WITH THE
            MARKHAM-STOUFFVILLE HOSPITAL FOR THE
            DEVELOPMENT OF A TOWN RECREATION AND
            LIBRARY FACILITY ON THE MARKHAM
            STOUFFVILLE HOSPITAL CAMPUS (6.6 & 3.19 & 8.2)     Weblink    2    3

 

That Council approve in principle the concept of integrating the East Community Centre within the emerging Markham Stouffville Hospital site campus;

 

And that staff prepare a facility concept plan for Council consideration;

 

And that Council endorse the Memorandum of Understanding between the Markham Stouffville Hospital and the Town of Markham);

 

And that staff enters into formal discussions and negotiations with the Markham Stouffville Hospital to develop in more detail the partnership agreement between the Town of Markham and the Markham Stouffville Hospital related to the development and the operation of the East Community Centre;

 

And that staff works in cooperation with the Markham Stouffville Hospital and the Grace Hospital of York Region to prepare a report that identifies a concept plan for facility amenities and additional details on the partnership for Council consideration;

 

And that the Town participate in the site master plan process with the Markham-Stouffville Hospital and the Grace Hospital of York Region to an upset limit of $74,000 to be funded from the Development Charge account (90%) and the General Capital Reserve (10%) in 2005.

 

 

(3)        GREENHOUSE CONSTRUCTION (6.3)   Weblink 

 

That the staff report entitled "Greenhouse Construction", dated September 20, 2004, be received;

 

And that staff be authorized to proceed with the Greenhouse Construction project in the fall of 2004;

 

And that funding for this project, to an upset limit of $70,000, be provided for from closed capital projects, to be identified in the 2004 update on the status of capital projects.


 

(4)        MARKHAM ENVIRONMENTAL SUSTAINABILITY
            FUND REPLENISHMENT (5.7)     Weblink

 

That the staff report entitled "Markham Environmental Sustainability Fund Replenishment", dated September 20, 2004 be received;

 

And that Council approve the $32,700 of projects evaluated and recommended by the Environmental Issues Committee, outlined in the Financial Considerations section of this report, to be funded from the Markham Environmental Sustainability Fund (MESF), Account #872800168;

 

And that the replenishment for the fund, to be base level of $300,000, be considered in the 2005 Capital Budget process, as approved by Council on April 13, 2004;

 

And that Members of Council be invited to attend the Official Launch of the Markham Environmental Sustainability Fund and cheque presentations to successful applicants on Saturday, October 2, 2004 at noon at the Civic Centre;

 

And further that staff proceed with advertising the Markham Environmental Sustainability Fund and soliciting applications for the 2005 season.

 

 

(5)        PETITION FOR MTO SUBSIDY FOR THE 2004
            CONNECTING LINK PROGRAM (5.10)    Weblink   

 

That the report entitled "Petition for MTO Subsidy for the 2004 Connecting Link Program" be received;

 

And that the Operations and Asset Management Department be authorized to petition for the statutory subsidy pursuant to The Public Transportation and Highway Improvement Act on expenditures for 2004 Connecting Link Construction Projects to facilitate the 16th Avenue/Markham Road Intersection Improvements;

 

And that Council approve the Connecting Link Construction By-Law to authorize the execution of a proposal and estimated costs for the construction of a connecting link designated by the Minister of Transportation.

(By-law 2004-272)

 

 

(6)        AWARD OF CONTRACT FOR GEORGE PINGLE HOUSE
            RESTORATION AND ADDITION (CORPORATE
            TRAINING CENTRE) (7.12)     Weblink   1

 

That the contract for George Pingle House Restoration and Addition be awarded to Bondfield Construction Company Limited in the total amount of $593,850 inclusive of 7% GST ($555,000.00 exclusive of GST);


 

And that funding be provided from the Angus Glen Community Centre and Library Budget - Heritage Building - Account No. 063-5350-4906-005 in the amount of $296,800.00 and 2004 Capital Accounts for the George Pingle House Restoration and Addition Account No. 056-5350-6303-005 in the amount of $258,200.00;

 

And that a contingency of $32,100 inclusive of 7% GST ($30,000 exclusive of GST) be established and that cost overruns up to the contingency amount be charged to the overall construction contingency account for the Angus Glen Community Centre and Library.

 

 

(7)        OTHER COMMITTEE PROCEEDINGS
            - MINUTES OF FINANCE & ADMINISTRATIVE
            COMMITTEE MEETING – SEPTEMBER 20, 2004 (16.0) 

 

That the Finance & Administrative Committee minutes dated September 20, 2004 be received.

 

CARRIED

 

 

 

5(d)      REPORT NO. 50 - DEVELOPMENT SERVICES COMMITTEE

 

Moved by Councillor D. Horchik

Seconded by Councillor K. Usman

 

That Report No. 50 - Development Services Committee be received and adopted.

 

September 21, 2004

 

(1)        UNIONVILLE BURNDENNET CREEK
            STREAM NAME OPTIONS (5.7)

 

That the staff presentation regarding name options for the Unionville Burndennet Creek be received;

 

And that the name "Eckardt Creek" be endorsed.

 

 

(2)        2004 THIRD QUARTER UPDATE
            OF THE STREET NAME RESERVE LIST (10.14)     Weblink

 

That Development Services Committee receive the updated street name reserve list for the third quarter of 2004, attached as Appendix ‘A’ to the September 21, 2004 staff report, and that the name "Albert Lewis" be added to the list.


 

(3)        AL HUSSAIN FOUNDATION, 10992 KENNEDY ROAD
            APPLICATIONS TO AMEND THE OFFICIAL PLAN,
            ZONING BY-LAW, MINISTER’S ZONING ORDER (AIRPORT)
            AND FOR SITE PLAN APPROVAL, TO PERMIT A PLACE OF
            WORSHIP IN ADDITION TO THE EXISTING PERMITTED CEMETERY
            (OPA.96-005, ZO.96-029, ZA.01-118321, SC.04-018281)       (10.3, 10.5, 10.6)   Weblink

 

That the Record of the Public Meeting held on October 2, 2001 regarding applications submitted by the Al Hussain Foundation at 10992 Kennedy Road to Amend the Official Plan, Zoning By-law, and Minister’s Zoning Order (Airport), to permit the conversion of the existing funeral chapel to a place of worship and the construction a 183.5 m2 addition, be received;

 

And that Council endorse the proposed draft Official Plan and Zoning By-law Amendments, to permit the conversion of the existing funeral chapel to a place of worship and construction of a 183.5 m2 addition;

 

And that the applicant’s exemption request from Bill 27 be endorsed by Council and referred to the Ministry of Municipal Affairs and Housing;

 

And that the draft Official Plan and the Zoning By-law Amendments be presented to Council for adoption, once the Ministry of Municipal Affairs has granted an exemption from Bill 27, permitting the conversion of the funeral chapel to a place of worship and the construction of the 183.5 m2 addition;

 

And further that staff prepare a further report to Development Services regarding the proposed site plan application to permit the 183.5 m2 addition.

 

 

(4)        POMONA MILLS CREEK (DON RIVER) IMPLEMENTATION PLAN
            (10.8, 5.7)     Weblink

 

That the Engineering Department report entitled “Pomona Mills Creek (Don River) Implementation Plan” be received;

 

And that the Terms of Reference for a Task Force for the Pomona Mills Creek (Don River) Implementation Plan be endorsed, with the amendment that the Chair be appointed by the members of the Task Force;

 

And that Regional Councillor B. O'Donnell and Councillor S. Daurio be appointed to the Task Force;

 

And that the Director of Engineering be authorized to retain a consulting engineer to assist in the project management of the proposed implementation plan to an upset limit of $25,000;

 

And that such costs be funded from Account # 083 5350 4726 005;


 

And that staff report back to Committee with updates as the work of the Task Force progresses;

 

And that the TRCA and Don Watershed Council be advised accordingly.

 

 

(5)        UNIONVILLE MONTESSORI SCHOOL (1038715 ONTARIO LTD)
            9302 KENNEDY ROAD, OFFICIAL PLAN AND ZONING BY-LAW
            AMENDMENTS AND SITE PLAN APPROVAL TO PERMIT
            THE CONSTRUCTION OF 1,166 M2 BUILDING FOR THE UNIONVILLE
            MONTESSORI SCHOOL (OP 03 119515, ZA 03 119513, SC 03 119516)
            (10.3, 10.5, 10.6) 

 

That the deputation by Jim Kirk of Malone Given Parsons, representing the applicant, Unionville Montessori School (1038715 Ontario Limited) for the proposed Official Plan and Zoning By-law Amendments and Site Plan Approval, Files OP 03 119515, ZA 03 119513 and SC 03 119516, for 9302 Kennedy Road, be received;

 

And that the report from the Development Services Commission dated June 28, 2004 entitled "Unionville Montessori School (1038715 Ontario Limited), Application for Official Plan Amendment, Zoning By-law and Site Plan Approval to Permit the Construction of a 1,166 m2 Building for the Unionville Montessori School, 9302 Kennedy Road", be received;

 

And that the Record of the Public Meeting held on September 21, 2004 with respect to the proposed amendments to By-laws 304-87 and 177-96, as amended, be received;

 

And that the applications by Unionville Montessori School (1038715 Ontario Limited) to amend the Official Plan and By-laws 304-87 and 177-96, as amended, be approved;

 

And that the proposed Official Plan Amendment and amendments to By-laws 304-87 and 177-96, as amended, be enacted without further notice.

 

 

(6)        MARKHAM CENTRE ENHANCED HOARDING PROGRAMME (2.16)

 

That the Record of the Public Meeting held on September 21, 2004 with respect to the proposed by-law amendments be received;

 

And that the report dated June 28, 2004 entitled "Enhanced Hoarding Programme" be received;

 

And that the Committee endorse the guidelines in the June 28, 2004 staff report regarding lifestyle and site identification signage in concert with an enhanced hoarding programme;

 

And that staff be directed to finalize amendments to the Sign By-law No. 2002-94, to incorporate additional lifestyle and site identification signage;

 

And that staff be directed to draft a Hoarding Agreement for execution by developers who wish to participate in the enhanced hoarding / sign programme.


 

(7)        OTHER COMMITTEE PROCEEDINGS
            - MINUTES OF DEVELOPMENT SERVICES
            COMMITTEE MEETING – SEPTEMBER 21, 2004 (16.0) 

 

That the Development Services Committee minutes dated September 21, 2004 be received.

 

CARRIED

 

 

 

6.         MOTIONS

 

Council consented to add Motions (1).

 

(1)        SALARY GRID FOR
            CHIEF ADMINISTRATIVE OFFICER (11.1)

 

Moved by Regional Councillor J. Heath

Seconded by Councillor K. Usman

 

That the top of the salary grid for the position of Chief Administrative Officer be increased to $190,000.00 effective January 1, 2004.

 

CARRIED

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

 

 

 

7.         COMMUNICATIONS

 

Moved by Councillor A. Chiu

Seconded by Councillor J. Virgilio

 

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

 

Received

128-2004         Reena, Toby and Henry Battle Development Centre - Forwarding appreciation to the Town of Markham regarding the disposal of obsolete computer equipment to charitable organizations. (7.13)

 

Referred to all Members of Council

129-2004         Liquor Licence Application - Request to complete the Alcohol and Gaming Commission Municipal Information Form for All Star Wings & Ribs, 9255 Woodbine Avenue (outdoor). (3.21)

 

CARRIED


 

8.         PROCLAMATION

 

Council consented to add the proclamation for Rouge Park Week.

 

(1)        PROCLAMATIONS (3.4)

 

Moved by Councillor A. Chiu

Seconded by Councillor J. Virgilio

 

That the following be proclaimed in the Town of Markham:

- German Pioneers Day - October 12, 2004

- Waste Reduction Week in Canada, 2004 - October 18 to 24, 2004

- Child Care Worker & Early Childhood Educator Appreciation Day - October 27, 2004

- Rouge Park Week - October 4 to 9, 2004;

 

And that the Corporate Communication Department be requested to publish the proclamation of the "German Pioneers Day" on the Town Page of the Markham Economist and Sun on October 12, 2004.

 

CARRIED

 

 

 

9.         BY-LAWS

 

Council consented to add By-laws 2004-279 to 2004-282.

 

Moved by Councillor A. Chiu

Seconded by Councillor J. Virgilio

 

That By-laws 2004-271 to 2004-282 be given three readings and enacted.

 

Three Readings

 

BY-LAW 2004-271    A by-law to amend By-law 182-96, being a by-law to prohibit the keeping of certain classes of animals and to regulate the keeping of certain other classes of animals in the Town of Markham (to allow the owner of 14 Griffin Court to house a maximum of 40 pigeons).
(Clause 1, Report No. 49, 2004)

 

BY-LAW 2004-272    A by-law to authorize the execution of a proposal and the estimate of costs for the construction of certain highways designated a connecting link by the Minister of Transportation.
(Clause 5, Report No. 49, 2004)


 

BY-LAW 2004-273   A by-law to amend By-law 2002-178, being a by-law to appoint Municipal Law Enforcement Officers (to revise Schedule B).

 

BY-LAW 2004-274    A by-law to amend Zoning By-law 177-96, as amended (Branstone Estates Inc., west of McCowan Road, south of Major Mackenzie Drive - To implement condominium townhouse development).
(Clause 17, Report No. 41, 2004)

 

BY-LAW 2004-275    A by-law to dedicate certain lands as part of the highways of the Town of Markham (Plan 65M-3654, Block 70 - Raintree Drive, Block 80 - Anita Drive, Block 81 - Rembrandt Drive, Block 82 - Via Jessica Drive, Block 83 - Caboto Trail).

 

BY-LAW 2004-276    A by-law to designate part of a certain plan of subdivision not subject to Part Lot Control (Pam Grey Holdings Ltd., south of Bur Oak Avenue, east of Highway 48, Plan 65M-3600, Blocks 275, 282, 291 and 194; Plan 65M-3662, Blocks 20, 21, 24 and 25; Plan 65M-3663, Blocks 27, 33, 40, 41, 43, 44, 46 and 47).

 

BY-LAW 2004-277    A by-law to amend By-law 2002-200, being a by-law to designate The Jonathan Gowland House (Administrative amendment - Revised legal description, 9486 McCowan Road, Block 101, Plan 65M-3733).

 

BY-LAW 2004-278    A by-law to confirm the proceedings of the Council meeting of September 28, 2004.
(Council Meeting No. 18, 2004)

 

BY-LAW 2004-279    A by-law to amend By-law 2003-159, being a by-law to designate The John Reesor House, 6937 Highway No. 7 (Administrative amendment - Revised legal description, Part of Lots 9 and 10, Concession 9, designated as Part 1, Plan 65R-25950, Save and Except Part 2, Plan 65R-26114).

 

BY-LAW 2004-280    A by-law to amend Zoning By-law 108-81, as amended (Town-initiated Zoning By-law Amendment (Markham Road Corridor Study), east side of Markham Road in the area of Kirkham Drive - To delete the subject lands from the designated area of By-law 108-81, as amended, so that they may be included within the designated area of By-law 177-96, as amended).
(Clause 10, Report No. 37, 2004)

 

BY-LAW 2004-281    A by-law to amend Zoning By-law 177-96, as amended (Town-initiated Zoning By-law Amendment (Markham Road Corridor Study), east side of Markham Road in the area of Kirkham Drive - To replace the current permissions for retail warehouse and open uses with commercial, residential and open space uses).
(Clause 10, Report No. 37, 2004)


 

BY-LAW 2004-282    A by-law to amend Zoning By-law 90-81, as amended (Town-initiated Zoning By-law Amendment (Markham Road Corridor Study), southwest corner of Markham Road and Elson Street, Block 162, 65M-2911 - to permit the development of medium density residential development on the subject lands).
(Clause 10, Report No. 37, 2004)

 

CARRIED

 

 

 

 

10.       ADJOURNMENT

 

Moved by Councillor A. Chiu

Seconded by Councillor K. Usman

 

That the meeting do adjourn.

CARRIED

 

 

Council adjourned at 7:45 p.m.

 

 

 

 

 

 

___________________________________        ___________________________

SHEILA BIRRELL, TOWN CLERK                    DON COUSENS, MAYOR

(Signed)

 

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