2003-05-27

COUNCIL MINUTES  Council Chamber, Civic Centre

 

(Canada Room)

COMMITTEE OF THE WHOLE

 

ROLL CALL

Mayor D. Cousens, Deputy Mayor F. Scarpitti, Regional Councillor T. Wong, Regional Councillor B. O'Donnell, Councillor S. Daurio, Councillor E. Shapero, Councillor J. Virgilio. Councillor G. McKelvey, Councillor J. Heath, Councillor D. Horchik, Councillor K. Usman, Councillor A. Chiu. (12)

 

Regrets

Regional Councillor G. Landon.

 

Moved by Councillor K. Usman

Seconded by Regional Councillor T. Wong

 

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

 

(1)     Conveyance of Lands (8.1)

(2)     Markham Public Libraries Organizational Design Project - Core Services Implementation (3.19 & 7.0)

(3)     Request for Grant - Arya Samaj Senior Citizens' Club, Markham June 28, 2003 Seniors' Event (7.6 & 12.2.6)

(4)     Unionville Land Use & Parking Study Implementation of Amendments to the Official Plan And Zoning By-Laws (10.3 & 10.5)

(5)     Miller-Rodick Land Lease Renewal Parking & Dog Off-Leash Area (2.8 & 6.3)

(6)     International Air Rally (12.2.6)

(7)     2003 Committee/Board Appointments (16.24)

(8)     CN Bala/York Subdivision Noise Issue (2.10)

(9)     Markham Beautification Concrete Fence Replacement Program (5.0)

(10)   Placement of Topsoil/Fill (10.0)

CARRIED

 

 

The Regular Meeting of Council was held on May 27, 2003 at 7:00 p.m. in the Council Chamber, Civic Centre.  Mayor D. Cousens presided.

 

 

(Council Chambers)

COUNCIL

 

Mayor D. Cousens, Deputy Mayor F. Scarpitti, Regional Councillor T. Wong, Regional Councillor B. O'Donnell, Councillor S. Daurio, Councillor E. Shapero, Councillor J. Virgilio. Councillor G. McKelvey, Councillor J. Heath, Councillor D. Horchik, Councillor K. Usman, Councillor A. Chiu. (12)

 

Regrets

Regional Councillor G. Landon.

 

 

STAFF

J. Livey, Chief Administrative Officer

J. Baird, Commissioner of Development Services

S. Birrell, Town Clerk

C. Conrad, Town Solicitor

B. Cribbett, Treasurer

P. Miller, Manager, Secretariat Services

J. Sales, Commissioner of Community and Fire Services

A. Taylor, Commissioner of Corporate Services

M.F. Turner, Commissioner, Strategy, Innovations and Partnerships

 

 

 

1.                  DISCLOSURE OF PECUNIARY INTEREST

 

None disclosed.

 

 

 

2.         REPORT OF THE COMMITTEE OF THE WHOLE

 

Moved by Councillor K. Usman

Seconded by Regional Councillor T. Wong

 

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)        CONVEYANCE OF LANDS (8.1)

 

That the briefing memorandum regarding the conveyance of lands to the Town of Markham, be received.

 

(2)        MARKHAM PUBLIC LIBRARIES
ORGANIZATIONAL DESIGN PROJECT
CORE SERVICES IMPLEMENTATION (3.19 & 7.0)

 

That the report entitled "Markham Public Libraries Organizational Design Project - Core Services Implementation", be received;

 

And that the Markham Public Libraries' CSI Organizational Design Project, be approved.

 

 

(3)        REQUEST FOR GRANT - ARYA SAMAJ
SENIOR CITIZENS' CLUB, MARKHAM
JUNE 28, 2003 SENIORS' EVENT (7.6 & 12.2.6)

 

That Council approve the request for financial support from Arya Samaj Senior Citizen's Club in the amount of $2,000.00 to support their event to be held on June 28, 2003, for the year 2003 only.

 

 

(4)        UNIONVILLE LAND USE AND PARKING STUDY
            IMPLEMENTATION OF AMENDMENTS TO THE
            OFFICIAL PLAN AND ZONING BY-LAWS (10.3 & 10.5)

 

That the tabled report from the Commissioner of Development Services with respect to the resolution of outstanding issues in connection with the Unionville Land Use and Parking Study implementation of amendments to the Official Plan and Zoning By-laws, be received;

 

And that the presentation by the Manager, Heritage Planning, with respect to the Unionville Land Use and Parking Study, be received;

 

And that the Zoning By-law Amendment to By-law 122-72, as amended, attached as Appendix ‘B’ to the report dated May 20, 2003, be revised by the following changes:

 

- modify section 14.3 (a)(iii) on page 4 of the zoning by-law amendment by replacing the figure 232 m² with 296 m²;

 

- add a new exception to section 14.3 (a)(iii) of the zoning by-law amendment as follows:

            “187 Main Street

In addition to the restaurant floor space existing on the day of the passing of the by-law, an additional 65 m² of ground floor restaurant space shall be permitted on the lands municipally known as 187 Main Street as shown on Schedule ‘B’”.

 

 

 

(5)        MILLER-RODICK LAND LEASE RENEWAL
            PARKING AND DOG OFF-LEASH AREA (2.8 & 6.3)

 

That Council approve a Lease Renewal Agreement between Ontario Realty Corporation and The Corporation of the Town of Markham for lands located at the northwest corner of Miller Avenue and Rodick Road, being Part of Lot 7, Concession 4 and designated as Part 3 and Part 6 on Plan R4411, for continued use of an employee parking lot and implementation of a dog off-leash area;

 

And that the Mayor and Town Clerk be authorized to execute the Lease Renewal Agreement in a form satisfactory to the Town Solicitor.

 

 

(6)        INTERNATIONAL AIR RALLY (12.2.6)

 

That the report entitled "International Air Rally", be received;

 

And that the Town become an official "host city" at a cost not to exceed $5,000 to be funded from within the approved business Development account #610-9985808;

 

And that the Director of Economic Development pursue sponsorships and joint-ventures with the Province, the Region of York, and the private sector to fund the costs of programming this event.

 

 

(7)        2003 COMMITTEE/BOARD APPOINTMENTS (16.24)

 

Markham Centre Advisory Committee

That a representative from Bell Canada be appointed to the Markham Centre Advisory Committee.

 

Markham Conservation Committee

That the resignation of Sandra Guido from the Markham Conservation Committee, be received with regret and a letter of appreciation be forwarded;

 

And that Councillors J. Heath and E. Shapero bring forward a replacement appointment to a future Council meeting.

 

 

(8)        CN BALA/YORK SUBDIVISION NOISE ISSUE (2.10)

 

Whereas the Town of Markham is in receipt of a petition from the residents of the Harbour Coral area regarding noise associated with the CNR Bala/York subdivision intersections;

 

And whereas Markham staff, having inspected the site, concur that there is a noise problem;

 

Now therefore be it resolved that the CNR be requested to expeditiously investigate this matter and take appropriate measures to reduce the noise;

 

And that Honourable E. Caplan, MP, Thornhill, be requested to assist in the resolution of this matter.

 

 

(9)        MARKHAM BEAUTIFICATION
CONCRETE FENCE REPLACEMENT PROGRAM (5.0)

 

That the matter of the Markham Beautification Concrete Fence Replacement Program be added to the agenda for discussion and consideration at the Council meeting this date.

 

 

(10)      PLACEMENT OF TOPSOIL/FILL (10.0)

 

That staff be directed to review the Town's current Land Fill By-law to determine if there are means to prevent fill from being placed on A1 type farm land in the Town's rural areas to a depth greater than 300 mm (about 12 inches);

 

And that, if the By-law does not allow the Town to prevent the deposit of greater than 300 mm of fill on Class A1 agricultural land, staff be requested to draft a By-law to limit the depth of fill allowed on Class A1 agricultural land;

 

And that staff be requested to report back to Finance and Administrative Committee or Committee of the Whole within three (3) weeks.

 

Moved by Councillor A. Chiu

Seconded by Councillor K. Usman

 

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

 

CARRIED

 

 

 

3.         MINUTES

 

(1)        COUNCIL MEETING
            - MAY 13, 2003

 

Moved by Councillor A. Chiu

Seconded by Councillor K. Usman

 

That the Minutes of the Council Meeting held on May 13, 2003, be adopted.

 

CARRIED

 

 

 

4.         PRESENTATIONS

 

Council consented to separate Clauses (1) and (2).

 

(1)        PUBLIC MEETING
AMENDMENT TO DEVELOPMENT CHARGE BY-LAW
REMOVAL OF TRANSIT CHARGE (7.11)

 

Council inquired whether any persons were in attendance to either support or object to the amendment to the Town of Markham's Town-Wide Soft Service Development Charge By-law 148-1999.

 

Moved by Regional Councillor B. O’Donnell

Seconded by Regional Councillor F. Scarpitti

 

Whereas Council, at its meeting held on April 29, 2003, requested that a public meeting be held in accordance with the provisions of the Development Charges Act, 1997 regarding the Town of Markham's intention to amend By-law 148-1999, the Town of Markham's Town-Wide Soft Service Development Charge By-law by eliminating the charge for public transit;

 

And whereas notice was published in the Markham Economist and Sun on May 6, 2003;

 

And whereas Mr. Glenn Baron was in attendance at the public meeting this date to offer comments about the amendment to the Town of Markham's Town-Wide Soft Service Development Charge By-law 148-1999;

 

Now therefore be it resolved that a by-law be brought forward to amend By-law 148-1999, the Town of Markham's Town-Wide Soft Service Development Charge By-law by eliminating the charge for public transit.

 

CARRIED

 

 

(2)        PUBLIC MEETING
AREA SPECIFIC DEVELOPMENT CHARGE BY-LAW
FOR SUB-AREA 42A-1
SOUTH UNIONVILLE - HELEN AVENUE (7.11)

 

Council inquired whether any persons were in attendance to either support or object to the amendment to the proposed amendment to the area specific development charge by-law for Sub-Area 42A-1, South Unionville - Helen Avenue.

 

Moved by Councillor A. Chiu

Seconded by Councillor K. Usman

 

Whereas Council, at its meeting held on April 29, 2003, requested that a public meeting be held in accordance with the provisions of the Development Charges Act, 1997 regarding the proposed amendment to the area specific development charge by-law for Sub-Area 42A-1, South Unionville - Helen Avenue;

 

And whereas notice was published in the Markham Economist and Sun on May 6, 2003;

 

And whereas Mr. Glenn Baron was in attendance at the public meeting this date in objection to the proposed amendment to the area specific development charge by-law for Sub-Area 42A-1, South Unionville - Helen Avenue;

 

Now therefore be it resolved that a by-law be brought forward to provide for an amendment for the area specific development charges for Sub-Area 42A-1, South Unionville - Helen Avenue.

 

CARRIED

 

 

 

5.         DELEGATIONS

 

Council consented to add Delegations (1) to (4).

 

(1)        Glenn Baron - in objection to the increase in Transit Development Charges by the Region of York. (Presentation 1) (7.11)

 

(2)        Glenn Baron - in objection to the proposed amendment to the area specific Development Charge By-law for Sub-Area 42A-1, South Unionville - Helen Avenue. (Presentation 2) (7.11)

 

(3)        Glenn Baron - in support of the proposed plan of subdivision (19TM-02005) and implementing zoning by-law amendments submitted by Swallow's Nest Development (Abidien Inc.) for Helen Avenue, South Unionville. (10.5, 10.7) (Report No. 37, Clause 5)

 

(4)        Karen Davis - on behalf of the Unionville BIA and the Unionville Villagers Association, recognizing the hard work and dedication of staff and Councillor Virgilio with respect to the Unionville Land Use and parking Study and offering thanks. (10.3, 10.5) (Report No. 37, Clause 6)

 

 

 

6(a)      REPORT NO. 35 - COMMUNITY SERVICES & ENVIRONMENT COMMITTEE

 

Moved by Councillor J. Heath

Seconded by Councillor K. Usman

 

That Report No. 35 - Community Services & Environment Committee be received and adopted.

 

May 12, 2003

 

(1)        DOG LEASH-FREE AREAS (6.3 & 2.8)

 

That the background information presented by the Director, Operations & Asset Management on the dog leash-free matter be received;

 

And that the verbal report of the Manager, Parks Construction and Maintenance, regarding comments and recommendations from the April 30, 2003 meeting of the Dog Leash-Free Committee, be received;

 

And that the Town proceed with the opening of a dog leash-free site at the northwest corner of Miller Avenue and Rodick Road on Ontario Realty Corporation (ORC) property immediately;

 

And that staff be authorized to take the appropriate action immediately to renew the current lease between the Town and the ORC, including a permission for a leash-free dog park at the Miller/Rodick site, and any additional costs to be absorbed in the Roads Department Operating account #700-998-5502;

 

And that the cost for fencing of the Miller/Rodick site in the amount of $10,000 be funded from the Parks Department 2002 Capital Sportsfield Maintenance and Reconstruction account #59-5350-4800-005;

 

And that the pilot leash-free area at Milne Park be closed when the Rodick/Miller site is operational;

 

And that staff report back on the potential of another site within Milne Park; or the ORC site at Highway 48, north of 14th Avenue; or another suitable site in Markham;

 

And that the letter dated April 28, 2003 from the Toronto and Region Conservation Authority requesting the Town to discontinue the pilot dog leash-free area in Milne Park be received;

 

And that the email correspondence from Ms. Sheila Wilson, 9 Erlane Avenue concerning the dog leash-free issue at Milne Park, be received;

 

And that the deputation of Mr. Tupper Wheatley in support of the recommendations of the Dog Leash-Free Committee, be received.

 

 

(2)        ART GALLERY HOURS OF OPERATION (6.12)

That the report dated May 12, 2003, entitled "Art Gallery Hours of Operation" be received;

 

And that Council approve the realignment of hours as follows:

 

            January 1 to March 31 - (Winter Hours)

            Monday - Closed

            Tuesday to Saturday - 10:00 a.m. to 4:00 p.m.

            Sunday - 12:00 p.m. to 4:00 p.m.

 

            April 1 to June 30 - (Spring Hours)

            Monday - Closed

            Tuesday to Saturday - 10:00 a.m. to 5:00 p.m.

            Sunday - 12:00 p.m. to 5:00 p.m.

 

            July 1 to August 31 (Summer Hours)

            Monday - 10:00 a.m. to 5:00 p.m.

            Tuesday to Saturday - 10:00 a.m. to 5:00 p.m.

            Sunday - 12:00 p.m. to 5:00 p.m.

 

            September 1 to October 31 - (Fall Hours)

            Monday - Closed

            Tuesday to Saturday - 10:00 a.m. to 5:00 p.m.

            Sunday - 12:00 p.m. to 5:00 p.m.

 

            November 1 to December 31 - (Winter Hours)

            Monday - Closed

            Tuesday to Saturday - 10:00 a.m. to 4:00 p.m.

            Sunday - 12:00 p.m. to 4:00 p.m.

 

 

(3)        MARKHAM MUSEUM - WARD BUILDING EVALUATION (6.7)

 

That the report dated May 12, 2003 entitled "Markham Museum Ward Building Evaluation" be received;

 

And that the Ward Building (Transportation Exhibit) on the Museum site receive a comprehensive facility evaluation;

 

And that the total cost to conduct the evaluation of the Ward Building be to an upset limit of $50,000;

 

And that the cost of the evaluation of the Ward Building be funded from capital project 056-5350-4702-005 Roofing Maintenance in the amount of $50,000;

 

And that the balance remaining of $150,600, from the two accounts 5350-0402-005, Roofing Maintenance and 073-6150-5004-005, Museum Ward Building Roof be held pending the outcome of the consultant's report;

 

And further that staff report back on the recommendations of the consultant.

 

 

(4)        MARKHAM MUSEUM MASTER PLAN (6.7)

 

That the report dated May 12, 2003, entitled "Markham Museum Master Plan" be received;

 

And that a combination of existing operating and capital funds augmented by a Federal Department of Canadian Heritage Grant be used to fund the Museum Master Plan;

 

And that a Museum Master Plan - Phase 1 be approved and undertaken and completed in 2003;

 

And that the total cost including disbursements for the Master Plan will be an upset limit of $150,000;

 

And that the funding for the Master Plan in the amount of $150,000 be funded as follows:

 

            Concept Master Plan project 2003 Capital Budget                   $27,469

            Unexpended in Museum Capital Budget                                     40,028

            Federal Department of Canadian Heritage Grant                        50,000

            Museum Operating contract Curatorial Consultant                      21,000

            Museum Operating Advertising and Marketing account                5,000

            Museum Endowment Reserve                                                      6,503

 

            Total                                                                                     $150,000

 

And that should the Federal Department of Canadian Heritage grant application be unsuccessful, an option is to take the $50,000 from the Museum Endowment Reserve;

 

And that staff report back if unsuccessful in obtaining the Federal Department of Canadian Heritage grant;

 

And further that notice to the public be provided in accordance with By-law 2002-275, a by-law to prescribe the form and manner and times for the provision of reasonable notice.

 

 

(5)        REVISED 2003-2004 ICE ALLOCATION POLICY (6.1 & 12.1)

 

That the report dated May 12, 2003 entitled "Revised 2003-2004 Ice Allocation Policy" be received;

 

And that Council approve the proposed Ice Allocation schedule (Appendix A), attached to staff report dated May 12, 2003, entitled "Revised 2003-2004 Ice Allocation Policy") for the 2003-2004 ice season;

 

And that Council approve the revised Ice Allocation Policy (Appendix B), attached to staff report, and the Public Skate Policy (Appendix C), attached to staff report;

 

And further that Council receive the Special Events List (Appendix D), attached to staff report for the 2003-2004 ice season.

 

 

(6)        OTHER COMMITTEE PROCEEDINGS
            - MINUTES OF COMMUNITY SERVICES & ENVIRONMENT
            COMMITTEE MEETING – MAY 12, 2003 (16.0)

 

That the Community Services & Environment Committee minutes dated May 12, 2003 be received.

 

CARRIED

 

 

 

6(b)      REPORT NO. 36 - FINANCE & ADMINISTRATIVE COMMITTEE

 

Council consented to separate Clauses (9), (13) & (21).

 

Moved by Councillor K. Usman

Seconded by Regional Councillor F. Scarpitti

 

That Report No 36 - Finance & Administrative Committee be received and adopted.

 

May 20, 2003

 

(1)        SURPLUS PROPERTY AND CONVEYANCE OF
            PART OF LOT 3, PLAN 2196, DESIGNATED AS PART 8
            AND 10, PLAN 65R-TO BE DEPOSITED - PART OF
            CASTAN AVENUE, MARKHAM (8.5)

That Part of Lot 3, Plan 2196, designated as Parts 8 and 10 on the attached reference plan (to be deposited), be declared surplus pursuant to Town of Markham By-Law 178-96 and that notice of the proposed disposition of such lands be placed on the agenda for the Council Meeting of May 27, 2003;

 

And that approval be granted to the Manager of Real Property to convey such Town surplus property to Solar Builders Inc. at a nominal fee;

 

And further that a by-law be enacted at the Council Meeting on May 27, 2003, authorizing the Mayor and Clerk to execute a Transfer/Deed of Land to Solar Builders Inc. for the lands legally described as Part of Lot 3, Plan 2196, designated as Parts 8 and 10, Plan 65R-to be deposited, being a part of Part 2 on Plan 65R-18880, Castan Avenue, Markham in a form satisfactory to the Town Solicitor.

(By-law 2003-133)

 

 

(2)        ROUTINE AND EMERGENCY SEWER AND
            WATERMAIN REPAIRS CONTRACT - BLANKET
            PURCHASE ORDER B2-035 (7.12.1 & 5.4)

 

That the report entitled "Routine and Emergency Sewer and Watermain Repairs Contract Blanket Purchase Order B2-035" be received;

 

And that the Blanket Purchase Order B2-035 for Routine and Emergency Sewer and Watermain Repairs contract with Finch Paving Inc. be increased by $250,000 (inclusive of 7% GST, $240,654.20 inclusive of 3% GST);

 

And that staff be authorized to increase the Blanket Purchase Order as required with the approval of the Treasurer.

 

 

(3)        2003 RELINING OF CAST IRON &
            DUCTILE IRON WATERMAINS (7.12.1 & 5.4)

 

That the report entitled "2003 Relining of Cast Iron & Ductile Iron Watermains", dated May 20, 2003 be received;

 

And that tender 032-T-03 for "2003 Relining of Cast Iron & Ductile iron Watermains" be awarded to the lowest acceptable bidder, Fer-Pal Construction Ltd. in the total amount of $1,257,073.24 inclusive of all taxes and contingency ($1,210,079.85 inclusive of 3% GST);

 

And that the award be funded from Waterworks 2003 Capital Account 53-6150-5146-005 and 2002 Capital Account 53-6150-4887-005;

 

And further that upon completion of the project the remaining funds in the amount of $181,936.99 will be returned to the original funding source.

 

 

(4)        SIGN BY-LAW 2002-94, AS AMENDED (2.16)

 

That Council enact a by-law to amend By-law 2002-94 being a by-law to prohibit and regulate signs within the Town of Markham.

(By-law 2003-134)

 

 

(5)        PART 1 TICKETS FOR REGULATORY
            BY-LAW OFFENCES (2.4 & 2.16 & 2.23 & 2.0)

 

That Council authorize staff to apply to the Ministry of the Attorney General to permit the Town to issue Part 1 Tickets pursuant to the Provincial Offences Act for certain by-law infractions.

 

 

(6)        2003 TAX RATES AND LEVY BY-LAW (7.3)

 

That a by-law to provide for the levy and collection of property taxes totalling $356,335,420 required by the Town of Markham, Regional Municipality of York, Boards of Education, and to provide for the mailing of notices requesting payment of taxes for the year 2003, be approved;

 

And that the Treasurer be authorized to set tax instalment due dates later this year for the 2003 levy for the non-residential classes.

(By-law 2003-135)

 

(7)        GREENSBOROUGH TOWN CENTRE LIMITED
            RESIDENTIAL SUBDIVISION PLAN 65M-3642
            RELEASE OF UNDERLYING SUBDIVISION AGREEMENT (10.7 & 8.2)

 

That a by-law be enacted authorizing the Mayor and Clerk to execute the partial release of the Swan Lake subdivision agreement in a form satisfactory to the Town Solicitor.

(By-law 2003-136)

 

 

(8)        UNIONVILLE HOME SOCIETY
            TEMPORARY PRESENTATION CENTRE - EXTENSION (8.2 & 8.4)

 

That an extension of the Temporary Presentation Centre Agreement with respect to 4300 Highway 7 be authorized, and that the Mayor and Clerk be authorized to execute the agreement in a form satisfactory to the Town Solicitor.

 

 

(9)        STREET NATURALIZATION PILOT PROJECT (5.7 & 12.2.6)

 

That the report dated May 20, 2003, entitled " Street Naturalization Pilot Project" be received;

 

And that Council endorse the proposed Toronto and Region Conservation Authority (TRCA) Naturalization Pilot Program, should EcoAction approve funding of the proposed program;

 

And that the Town advertise and promote homeowner participation in Phase 1 and Phase 2 of the TRCA Backyard Naturalization Pilot Program. Details of the program and TRCA contact information would be published on the Town's website and the Town page of the local newspaper as requested by TRCA.

 

CARRIED

 

 

(10)      KIDS VOTING CANADA (14.0 & 16.21)

 

That Council endorse the Kids Voting Canada program;

 

And that Council's endorsement be forwarded to the Boards of Education and the other York Region municipalities for their support of the program;

 

And further that the Mayor's Youth Task Force and task force staff provide support to the program.

 

 

(11)      NOISE CONTROL (2.10)

 

That By-law 218-89 (Noise Control) be repealed and a new Noise Control By-law be enacted.

(By-law 2003-137)

 

 

(12)      RELOCATION AND RESTORATION OF
MARKHAM'S OLDEST CHURCH BUILDING
2982 ELGIN MILLS ROAD (16.11)

 

That Council support the relocation of the abandoned building in poor condition at 2982 Elgin Mills Road (former Victoria Square Wesleyan Church) to its original location on the site of Victoria Square United Church (10720 Woodbine Avenue), where it is to be restored by the United Church to its primitive state as it was built in 1845 (no plumbing or electricity), subject to a restoration plan to be approved by the Commissioner of Development Services;

 

And that Council provide a grant in the amount of $2,200.00 to the Victoria Square United Church as Town financial assistance towards this community based initiative;

 

And further that the grant be paid from the Heritage Preservation Account (Reserve - 087-2800115.

 

 

(13)      2003 FIRST QUARTER NEW CAPITAL PROJECTS/
ADDITIONAL FUNDING REQUESTS (7.5)

 

That the report dated May 20, 2003, entitled "2003 First Quarter New Capital Projects/Additional Funding Requests" be received;

 

And that the capital project "Secondary Road Works" (Exhibit A), in the amount of $300,000 be approved and be funded from the Secondary Road Reserve Fund;

 

And that the capital project, "Automatic External Defibrillator Purchase" (Exhibit B) in the amount of $28,700 be funded from the $85,000, received from the Pepsi Bottling Group, in the Recreation and Culture Capital Reserve and that the Pepsi Bottling Group is acknowledged as the sponsor of this project and given a note of appreciation;

 

And that the additional funding for capital project, "Sciberras Road Extension Class E.A. Study" (Exhibit C) in the amount of $20,000 be approved and be temporarily funded from alternative Development Charge sources;

 

And that an additional five (5) units (automatic external defibrillators) be approved at an additional $40,000.00 to be located at Angus Glen Community Centre, The Markham Civic Centre, the Armadale Community Centre, The Markham Theatre, and the Milliken Soccer Dome.

CARRIED AS AMENDED

(See following motion to amend)

 

            Moved by Councillor K. Usman

            Seconded by Councillor A. Chiu

 

            That Clause (13), Report No. 36 be amended by deleting the 4th paragraph and substituting the following in-lieu therefor:

 

            "And that an additional five (5) units (automatic external defibillators) be approved at an additional $40,000.00 to be located at Angus Glen Community Centre, The Markham Civic Centre, the Armadale Community Centre, The Markham Theatre, and the Milliken Soccer Dome."

 

CARRIED

 

 

(14)      007-R-03 SERVICING OF ARENA
REFRIGERATION EQUIPMENT (7.12.3 & 6.1)

 

That the report dated May 20, 2003, entitled "Tender 007-R-03 Servicing of Arena Refrigeration Equipment" be received;

 

And that RFP 007-R-03 for Servicing of Arena Refrigeration Equipment be awarded to the only bidder, CIMCO Refrigeration in the annual amount of $104,204.24 inclusive of 7% GST ($100,308.75 inclusive of 3% GST) for a term of two (2) years;

 

And that the Director of Recreation and Cultural Services and the Director of Financial & Client Services be requested to continue discussions with CIMCO Refrigeration to further negotiate the percentage increase for an additional three (3) years;

 

And further that the award be funded from the 2003 Recreation Operating Budget accounts as noted in Appendix A, attached to the staff report.

 

 

(15)      TENDER AWARDS - ASPHALT & CONCRETE
MAINTENANCE - 057-T-03 ASPHALT;
058-T-03 CONCRETE (7.12.2)

 

That the report, dated May 20, 2003, entitled "Asphalt & Concrete Maintenance" be received;

 

And that tender 057-T-03 for Asphalt Maintenance be awarded to the lowest acceptable bidder, D. Crupi & Sons in their unit prices not to exceed an estimated annual amount of $591,727.40 inclusive of 7% GST (569,606.75 inclusive of 3% GST);

 

And that tender 058-T-03 for Concrete Maintenance be awarded to the lowest acceptable bidder, Nu-Con Contracting, in their unit prices not to exceed an estimated annual amount of $719,869.25, inclusive of 7% GST ($692,958.25 inclusive of 3% GST);

 

And that the Director of Operations and Asset Management and the Director of Financial and Client Services be authorized to exercise the option to renew the contract for Asphalt Maintenance for a further two years, 2004 and 2005 subject to budget approval and agreement by D. Crupi & Sons to guarantee the 2003unit prices submitted and their satisfactory performance;

 

And that the Director of Operations and Asset Management and the Director of Financial & Client Services be authorized to reallocate funds between these two (2) blanket purchase orders to a maximum of 20% of the estimated blanket amount during the duration of the contract to a combined annual total not to exceed $1,311,596.50 inclusive of 7% GST ($1,262,565.00 inclusive of 3% GST);

 

And further that the award be funded from the Roads Department's 2003 Capital Budget accounts as follows:

 

The funds for this project are included in the approved 2002/2003 Operating and Capital budget accounts:

 

 

 

(16)      2003 ROAD REHABILITATION PROGRAM
072-T-03 -COLD IN-PLACE RECYCLING
073-T-03 - FOAMED ASPHALT
047-T-01 - ASPHALT RESURFACING
016-T-02 - RESTORATION OF CONCRETE, CURB
AND SIDEWALK (7.12.2)

 

That the report for Road Rehabilitation Program be received.

 

And that tender 072-T-03 for Cold In-Place Recycling be awarded to the sole bidder, Miller Paving Ltd. in their unit prices not to exceed an estimated annual amount of $1,227,969.45 inclusive of 7% GST ($1,182,064.05 inclusive of 3% GST) for a period of the balance of the 2003 calendar year.

 

And that tender 073-T-03 for Foamed Asphalt be awarded to the lowest acceptable bidder, Miller Paving Ltd. in their unit prices not to exceed an estimated annual amount of $352,251.49 inclusive of 7% GST ($339,083.21 inclusive of 3% GST) for a period of the balance of the 2003 calendar year.

 

And that blanket purchase order number B134 for Asphalt Resurfacing, tender 047-T-01 in favour of Furfari Paving Co. Ltd., (based on 2001 unit prices) be adjusted to a revised estimated annual amount of $1,379,427.63 inclusive of 7% GST ($1,327,860.24 inclusive of 3% GST).

 

And that blanket purchase order number B248 for Restoration of Concrete Curb & Sidewalk, tender 016-T-02 in favour of Vidome Construction Ltd., (based on 2002 unit prices) be adjusted to a revised estimated annual amount of $2,205,918.33 inclusive of 7% GST ($2,123,454.09 inclusive of 3% GST).

 

And that the Director of Operations and Asset Management and the Director of Financial & Client Services be authorized to reallocate funds between these four (4) blanket purchase orders to a maximum of 20% of the estimated blanket amount during the duration of the contract, to a combined annual total not to exceed $5,165,566.88 inclusive of 7% GST ($4,972,461.58 inclusive of 3% GST).

 

And that the Director of Operations and Asset Management and the Director of Financial & Client Services be authorized to exercise the option to extend contracts 072-T-03 and 073-T-03 for a further two years, 2004 and 2005 subject to budget approval and agreement by Miller Paving Ltd. to guarantee the 2003 unit prices submitted and their satisfactory performance.

 

And that the Director of Operations and Asset Management and the Director of Financial & Client Services be authorized to exercise the option to extend contract 016-T-03 for a further one year, 2004 subject to budget approval and agreement by Vidome Construction to guarantee the 2002 unit prices submitted and their satisfactory performance.

 

And further that funding for the 2003 Road Rehabilitation program is provided for in the Roads Department’s 2002/2003 Capital budget accounts.

 

 

 

(17)      MILLIKEN MILLS COMMUNITY CENTRE
BASKETBALL COURT LIGHTING (6.6 & 7.5)

 

That the report dated May 20, 2003, entitled "Milliken Mills Community Centre - Basketball Court Lighting" be received;

 

And that lighting be installed at the existing Milliken Mills Community Centre parking lot basketball courts;

 

And that funding in the amount of $20,000 is provided in the 2003 Parks Department Capital Budget account #70-5350-5260-005;

 

And further that staff report back on the outcome of this initiative.

 

 

(18)      SETTLER'S PARK LANDFILL
ENVIRONMENTAL ASSESSMENT (5.7 & 6.11)

 

That the report dated May 20, 2003, entitled "Settler's Park Landfill - Environmental Assessment" be received;

 

And that Beatty & Associates Limited be retained to complete the Phase II Ground Water Investigation at the Settlers Park landfill site at an estimated cost of $32,300;

 

And that the Phase II work be funded from the Settlers Park Remediation account #65-6150-2818-005;

 

And that after the Phase II investigation is completed, staff report back to the Committee with recommendations on future course of action.

 

 

(19)      DEMONSTRATION GARDEN - CIVIC CENTRE (12.4 & 6.3)

 

That the report dated May 20, 2003, entitled "Demonstration Garden - Civic Centre" be received;

 

And that the proposed project "Demonstration Garden - Civic Centre" be deferred and included as part of the Anthony Roman Centre Master Plan, which is being undertaken by the Urban Design section of the Development Services Commission to redevelop the Civic Centre grounds;

 

And that Council approve Option 3 for the implementation of a Demonstration Garden in 2003, and staff arrange for design and installation of a butterfly garden (maximum 200 sq. ft.) in a location in Millennium Park suitable to both the Parks Department and Urban Design Group at a cost that does not exceed $5,000;

 

And that funding for the design and installation of a butterfly demonstration garden in Millennium Park estimated at $5,000 is provided for in the 2003 Parks Department Capital Budget account # 59-5350-5278-005.

 

(20)      GEORGE PINGLE HOUSE RESTORATION AND
ADDITION SCHEMATIC DESIGN (16.11 & 6.6)

 

That the report dated May 20, 2003, entitled " George Pingle House Restoration and Addition Schematic Design" be received;

 

And that Council approve the schematic design recommended in this report for the George Pingle House Restoration and Addition;

 

And that Council approve proceeding with the final design, preparation of working drawings, tendering and construction for the George Pingle House Restoration and Addition subject to Site Plan Approval;

 

And that a cost allowance of $414,868.00 (inclusive of 3% GST) be established within the Angus Glen Community Centre and Library project budget for the George Pingle House Restoration and Addition.

 

 

(21)      MARKHAM BEAUTIFICATION
NATIVE PLANTINGS IN PARK BEDS (6.3 & 16.24)

 

That the report dated May 20, 2003 entitled "Markham Beautification - Native Plantings in Park Beds" be received;

 

And that five native plant beds be established and monitored, one at Milne Dam Conservation Park and one at Green Lane Park, at an upset limit of $10,000;

 

And that funding for this project is provided in the 2003 Parks Department Capital Budget account #59-5350-5273-005;

 

And that staff report back on the implementation and maintenance of the pilot beds and long term savings.

 

CARRIED AS AMENDED

(See following motions to amend)

 

            Moved by Councillor E. Shapero

            Seconded by Regional Councillor F. Scarpitti

 

            That Clause (21), Report No. 36 be amended to delete the words "…two…" and "…at a cost of $4,000" in paragraph 2 and replace them with "…five…" and "…at an upset limit of $10,000" respectively.

 

            Moved by Regional Councillor B. O’Donnell

            Seconded by Councillor K. Usman

 

            That Clause (21), Report No. 36 be amended to add the following paragraph:

 

            "And that staff report back on the implementation and maintenance of the pilot beds and long term savings.”

 

CARRIED

 

            Moved by Councillor K. Usman

            Seconded by Councillor E. Shapero

 

            That staff be requested to consider Beaupre Park as one of the five locations.

 

DEFERRED

(See following motion to defer)

 

            Moved by Councillor D. Horchik

            Seconded by Councillor S. Daurio

 

            That the motion of Councillors Usman and Shapero be deferred and referred to staff.

 

CARRIED

 

 

(22)      WEST NILE VIRUS (5.7 & 12.2.6)

 

That Council approve an enhanced approach to controlling the West Nile Virus in the form of a flusher truck in "hot spots" within the community, and coordinate with the Region of York, at a cost not to exceed $50,000 for 2003.

 

 

(23)      OTHER COMMITTEE PROCEEDINGS
            - MINUTES OF FINANCE & ADMINISTRATIVE
            COMMITTEE MEETING – MAY 20, 2003 (16.0)

 

That the Finance & Administrative Committee minutes dated May 20, 2003 be received.

 

CARRIED

 

 

6(c)      REPORT NO. 37 - DEVELOPMENT SERVICES COMMITTEE

 

Council consented to separate Clauses (2), (5),  (6) and (7).

 

Moved by Councillor G. McKelvey

Seconded by Regional Councillor T. Wong

 

That Report No. 37 - Development Services Committee be received and adopted.

 

May 20, 2003

 

(1)        ACCEPTANCE FOR MAINTENANCE OF RESIDENTIAL SUBD.
(REGISTERED PLAN NUMBERS 65M-3189, 65M-3086, 65M-3188) (10.7)  Weblink

 

That the services in Subdivision, Registered Plan Numbers 65M-3189, 65M-3086 and 65M-3188, be accepted;

 

And that by-laws be enacted by Council to accept these subdivisions and to establish each of the roads within the residential subdivisions as a public highway of the Town of Markham;

 

And that the Community Services Commission assume the responsibility for operating and maintaining the infrastructure within the Subdivisions as part of the Town’s system;

 

And that acceptance of the Subdivisions be taken into consideration in future operating budgets;

 

And that the by-law to amend Schedule ‘12’ of Traffic By-law # 106-71, by including compulsory stop to the indicated streets, be approved;

 

And that the by-law to amend Schedule ‘A’ of the Speed By-law # 105-71, by including a maximum speed of 40 kilometers per hour to the streets indicated, be approved;

 

And that the by-law to amend Schedule 1 of the Parking By-law # 336-88, by including no parking on the streets indicated be approved;

 

And that the Mayor and Clerk be authorized to execute the necessary releases from the terms of the Subdivision Agreements, subject to confirmation from the Director of Engineering that the final two year guarantee periods have been completed.

(By-laws 2003-138 to 2003-143)

 

 

(2)        FEDERAL AIRPORT ZONING REGULATIONS
FOR THE PICKERING AIRPORT SITE (10.5, 13.1)  Weblink

 

That the report entitled Federal Airport Zoning Regulations for the Pickering Airport Site dated May 20, 2003, be received;

 

And that the Minister of Transport be advised:

1. That the Town of Markham supports, in principle, the proposed Airport Zoning Regulations for the Pickering Airport Site recognizing the intent of the Regulations relating to public safety; 
2. That the Town of Markham understands that any uses existing, or approved by the Town, as of the date the Regulations come into effect, that may not be consistent with the intent of the Regulations, will be “grandfathered”, and not subject to the Regulations;

 

3. That the Town of Markham is concerned with the restriction of certain land uses within the proposed Bird Hazard Zone, particularly Town-owned uses, insofar as there is presently insufficient information to understand the specific reasons why each use is restricted and no agreed upon techniques to mitigate the reasons for the restriction;
4. That the Town of Markham requests that Transport Canada be directed to continue to work with the Town, and other concerned municipalities and agencies, to ensure that the implementation of the regulations will ensure that municipally-owned facilities such as storm water management facilities, parks and community centres, or similar uses, will continue to be established within the area subject to the regulations, with appropriate and agreeable mitigation of potential bird hazards; and,
5. That the continuing work between Transport Canada and the Town to address the implementation of the Regulations should be based on the principle that implementation will not diminish the established design standards for Town-owned facilities, and should also address efficient and effective processes of consultation in regard to municipal development approvals;

 

And that the Minister of Transport be requested not to bring the AZR for the Pickering Airport Site into effect until Transport Canada and the Town of Markham have identified mutually agreeable mechanisms for the implementation of the Airport Zoning Regulations in regard to Town-owned facilities and development approvals;

 

And that Transport Canada be requested to continue communicating with the Public and Markham Council and staff, with respect to the AZR;

 

And that a copy of this report be provided to the Toronto and Region Conservation Authority as information.

 

CARRIED

 

 

(3)        DESIGNATION UNDER PART IV OF THE
ONTARIO HERITAGE ACT, PROPERTIES LOCATED
IN LITTLE ROUGE CORRIDOR (16.11.3)  Weblink

 

That Heritage Markham’s recommendation to designate the following properties which form part of the Little Rouge Corridor under Part IV of the Ontario Heritage Act be approved;

 

1.      7273 14^th Avenue

2.      7277 14^th Avenue

3.      7399 Reesor Road

4.      7401 Reesor Road

5.      7450 Reesor Road

6.      7551 Reesor Road

7.      7632 Highway #7

8.      9035 Reesor Road

9.      9529 Reesor Road

10.    9829 9^th Line

11.    7877 Highway #7

12.    7867 Highway #7

13.    7861 Highway #7

14.    7218 Reesor Road

15.    8992 Reesor Road 

 

That Heritage Markham’s recommendation to designate the following properties which form part of the Little Rouge Corridor under Part IV of the Ontario Heritage Act, and include the properties in the listing for the Markham Inventory of Heritage Buildings be approved;

 

1.      7914 14^th Avenue  

2.      7295 Reesor Road

3.      8847 Reesor Road 

4.      Cedarena 

5.      The Wurtz Cemetery

6.      The Reesor Pioneer Cemetery

 

And that the Clerks 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-laws for these properties.

 

And that the Province and TRCA be requested to enter into a heritage conservation easement agreement with the Town as a condition of transfer of the properties from Provincial ownership;

 

And further that the Province, the TRCA and the Rouge Alliance be so advised.

 

(4)        UNAUTHORIZED REPLACEMENT OF HISTORIC FEATURES
            ON A DESIGNATED HERITAGE STRUCTURE
            22 JOHN STREET, THORNHILL (16.11.3)  Weblink

 

That Council deny the Heritage Permit application for replacement of the original door;

 

And that the applicant be requested to return the original door, windows, transom window and chimneys to the dwelling by August 31, 2003;

 

And that Council deny an application for replacement of the historic wood siding on the premises.

 

 

(5)        SWALLOW’S NEST DEVELOPMENT (ABIDIEN INC.)
HELEN AVENUE, SOUTH UNIONVILLE,
PROPOSED PLAN OF SUBDIVISION (19TM-02005) AND
IMPLEMENTING ZONING BY-LAW AMENDMENTS
(SU. 02-112285, ZA. 02-112249) (10.5, 10.7)  Weblink

 

That draft plan of subdivision 19TM-02005 (SU. 02-112285) located east of Kennedy Road on the north and south side of Helen Avenue, proposed by Swallow’s Nest Development, be draft approved subject to the conditions outlined in Appendix ‘A’ attached to the staff report dated May 20, 2003;

 

And that the zoning application (ZA. 02-112249) to amend By-law 304-87, as amended, and By-law 177-96, as amended, submitted by Swallow’s Nest Development, to implement draft plan of subdivision 19TM-02005 (SU. 02-112285) located east of Kennedy Road on the north and south side of Helen Avenue, be approved and the implementing Zoning By-laws attached as Appendix ‘B’ to the staff report dated May 20, 2003, be enacted;

 

And that the applicant provide the Town with the required payment of 30% subdivision processing fees in accordance with the Town’s Fee By-law (By-law 17-2000);

 

And that a water allocation for up to 145 units be granted for draft plan of subdivision 19TM-02005;

 

And that the Town reserve the right to revoke or reallocate water supply at its sole discretion.

(By-laws 2003-144 and 2003-145)

 

CARRIED

 

 

(6)        UNIONVILLE LAND USE AND PARKING STUDY
            IMPLEMENTATION OF AMENDMENTS TO THE
            OFFICIAL PLAN AND ZONING BY-LAWS (SD 03 106613) (10.3, 10.5)  Weblink

 

That the deputations by Mr. Richard Talbot, representing the Unionville Villagers Association; Ms. Karen Davis representing the Unionville BIA; Mr. Bruce Kerr, co-owner of the Planing Mill; and Mr. Gary O'Brien, owner of Livingwater Restaurant, be received;

 

That the tabled report from the Commissioner of Development Services with respect to the resolution of outstanding issues in connection with the Unionville Land Use and Parking Study implementation of amendments to the Official Plan and Zoning By-laws, be received.

 

And that the Official Plan Amendment and Secondary Plan for the Unionville Core Area (SD 03 106613) attached as Appendix ‘A’ to the report dated May 20, 2003, be approved;

 

And that the Region of York be requested to expedite approval of the Official Plan Amendment and Secondary Plan in order that the implementing zoning can come into effect as soon as possible;

 

And that upon approval of the new Official Plan Amendment by the Region of York, Council adopt a by-law to repeal By-law 266-90 (OPA No. 99) to give effect to this amendment, and to also repeal amending By-laws 157-97 (OPA No. 50) and 26-98 (OPA No.62);

 

And that the Zoning By-law Amendment to By-law 122-72, as amended, attached as Appendix ‘B’ to the report dated May 20, 2003, as revised by the following changes, be enacted

 

                        - modify section 14.3 (a)(iii) on page 4 of the zoning by-law amendment by replacing the figure 232 m² with 296 m²;

                        - add a new exception to section 14.3 (a)(iii) of the zoning by-law amendment as follows:

 

                        “187 Main Street

                        In addition to the restaurant floor space existing on the day of the passing of the by-law, an additional 65 m² of ground floor restaurant space shall be permitted on the lands municipally known as 187 Main Street as shown on Schedule ‘B’”

 

And that the Zoning By-law Amendment to By-law 28-97, as amended (Parking By-law), attached as Appendix ‘C’ to the report dated May 20, 2003, be enacted and that Council determine as per 34(17) of the Planning Act, R.S.O. 1990, c.P.13 that no further notice is required prior to adoption;

 

And that the Unionville BIA and other interested local stakeholders be requested to form a Historic Unionville Parking Advisory Committee to assist in the implementation of parking supply recommendations of the Main Street Unionville Land Use and Parking Study, with Town staff providing assistance where appropriate.

 

CARRIED AS AMENDED

(See following motion to amend)

 

            Moved by Councillor J. Virgilio

            Seconded by Regional Councillor F. Scarpitti

 

            That Clause (6), Report No. 37 be amended to delete paragraph 3 in its entirety and replace it with the following:

 

            " That the tabled report from the Commissioner of Development Services with respect to the resolution of outstanding issues in connection with the Unionville Land Use and Parking Study implementation of amendments to the Official Plan and Zoning By-laws, be received.

 

And that the Official Plan Amendment and Secondary Plan for the Unionville Core Area (SD 03 106613) attached as Appendix ‘A’ to the report dated May 20, 2003, be approved;

 

And that the Region of York be requested to expedite approval of the Official Plan Amendment and Secondary Plan in order that the implementing zoning can come into effect as soon as possible;

 

And that upon approval of the new Official Plan Amendment by the Region of York, Council adopt a by-law to repeal By-law 266-90 (OPA No. 99) to give effect to this amendment, and to also repeal amending By-laws 157-97 (OPA No. 50) and 26-98 (OPA No.62);

 

And that the Zoning By-law Amendment to By-law 122-72, as amended, attached as Appendix ‘B’ to the report dated May 20, 2003, as revised by the following changes, be enacted

 

                        - modify section 14.3 (a)(iii) on page 4 of the zoning by-law amendment by replacing the figure 232 m² with 296 m²;

                        - add a new exception to section 14.3 (a)(iii) of the zoning by-law amendment as follows:

 

                        “187 Main Street

                        In addition to the restaurant floor space existing on the day of the passing of the by-law, an additional 65 m² of ground floor restaurant space shall be permitted on the lands municipally known as 187 Main Street as shown on Schedule ‘B’”

 

And that the Zoning By-law Amendment to By-law 28-97, as amended (Parking By-law), attached as Appendix ‘C’ to the report dated May 20, 2003, be enacted and that Council determine as per 34(17) of the Planning Act, R.S.O. 1990, c.P.13 that no further notice is required prior to adoption;

 

And that the Unionville BIA and other interested local stakeholders be requested to form a Historic Unionville Parking Advisory Committee to assist in the implementation of parking supply recommendations of the Main Street Unionville Land Use and Parking Study, with Town staff providing assistance where appropriate.

CARRIED

 

 

(7)        OTHER COMMITTEE PROCEEDINGS
            - MINUTES OF DEVELOPMENT SERVICES
            COMMITTEE MEETING – MAY 20, 2003 (16.0)  Weblink

 

 

That the Development Services Committee minutes dated May 20, 2003 be received save and except that Item No. 7 be amended to add the following paragraph:

 

            16.       SEVEN STAR PLAZA INC.
OFFICIAL PLAN AMENDMENT FOR 8495 MCCOWAN ROAD
AND REZONING AND SITE PLAN APPROVAL FOR
8495 MCCOWAN ROAD AND 5261 HIGHWAY 7
(OP 03 108632, ZA 03 108688 AND SC 03 08706)(10.3, 10.5, 10.7)  Weblink

 

And that the circulation for the public meeting , be extended to include the area bounded by McCowan Road, Willowgate Drive, Highway #7 and Milne Park.

 

CARRIED

 

 

 

7.         MOTIONS

 

Council consented to Motions (1) to (4).

 

(1)        MARKHAM BEAUTIFICATION PROJECT
            CONCRETE FENCE REPLACEMENT (5.0)

 

Moved by Councillor A. Chiu

Seconded by Councillor K. Usman

 

That the Information Report dated May 13, 2003 titled "Markham Beautification - concrete Fence Replacement Program" and the report dated May 26, 2003 titled "Amendments to Markham Beautification - Concrete Fence Replacement Program Report", be received;

 

And that Council endorse the pilot project for concrete fence replacement in the Steeles Avenue, Warden Avenue, Denison Street and Birchmount Road as outlined in Attachment "A" to the May 13, 2003 staff report titled "Markham Beautification - Concrete Fence Replacement Program and in addition Denison Street from Birchmount Road to McCowan Road;

 

And that Council approve the proposed three-way cost sharing arrangement, whereby the Town, Corporate sponsors and the individual homeowners each contribute one-third of the cost for the fence replacement program, as outlined in the "Financial Considerations" section of the report;

 

And that the Town's portion of the pilot project not exceed $125,000;

 

And that the homeowners be required to enter into an agreement to acknowledge that they are responsible for the future maintenance and replacement of the fences;

 

And that the Chair of the Markham Beautification Committee be authorized to call a Public Meeting to discuss this project with the affected residents and the Ward Councillors and that staff be requested to report back on a regular basis;

 

And that staff report back on the implementation of this initiative.

 

CARRIED AS AMENDED

(See following motions to amend)

(See following recorded votes which were carried)

(See following recorded votes which were lost)

 

Moved by Councillor A. Chiu

            Seconded by Councillor K. Usman

 

            That Motion (1) be amended to include the following paragraph:

 

            "And that the Chair of the Markham Beautification Committee be authorized to call a Public Meeting to discuss this project with the affected residents and the Ward Councillors and that staff be requested to report back on a regular basis."

 

CARRIED

 

 

Moved by Councillor E. Shapero

            Seconded by Councillor A. Chiu

 

            That Motion (1) be amended to include the following paragraph:

 

"And that the homeowners be required to enter into an agreement to acknowledge that they are responsible for the future maintenance and replacement of the fences."

 

CARRIED

(See following recorded vote)(10:2)

 

YEAS:             Mayor D. Cousens, Deputy Mayor F. Scarpitti, Regional Councillor T. Wong, Councillor S. Daurio, Councillor E. Shapero, Councillor J. Virgilio, Councillor G. McKelvey, Councillor D. Horchik, Councillor K. Usman, Councillor A. Chiu. (10)

 

NAYS:             Regional Councillor B. O'Donnell, Councillor J. Heath. (2)

 

ABSENT:        Regional Councillor G. Landon. (1)

 

 

Moved by Councillor G. McKelvey

Seconded by Regional Councillor F. Scarpitti

 

That Motion (1) be amended to include the following paragraph:

           

            "And that the Town's portion of the pilot project not exceed $125,000."

 

CARRIED

(See following recorded vote)(7:5)

 

 

YEAS:             Deputy Mayor F. Scarpitti, Regional Councillor T. Wong, Councillor E. Shapero, Councillor J. Virgilio, Councillor G. McKelvey, Councillor J. Heath, Councillor D. Horchik. (7)

 

NAYS:             Mayor D. Cousens, Regional Councillor B. O'Donnell, Councillor S. Daurio, Councillor K. Usman, Councillor A. Chiu. (5)

 

ABSENT:        Regional Councillor G. Landon. (1)

 

 

Moved by Councillor A. Chiu

            Seconded by Councillor K. Usman

 

That paragraph 1 of Motion (1) be considered as amended as follows:

 

"That the Information Report dated May 13, 2003 titled "Markham Beautification - concrete Fence Replacement Program" and the report dated May 26, 2003 titled "Amendments to Markham Beautification - Concrete Fence Replacement Program Report", be received."

 

CARRIED

(See following recorded vote)(12:0)

 

YEAS:             Mayor D. Cousens, Deputy Mayor F. Scarpitti, Regional Councillor T. Wong, Regional Councillor B. O'Donnell, Councillor S. Daurio, Councillor E. Shapero, Councillor J. Virgilio, Councillor G. McKelvey, Councillor J. Heath, Councillor D. Horchik, Councillor K. Usman, Councillor A. Chiu. (12)

 

ABSENT:        Regional Councillor G. Landon. (1)

 

 

Moved by Councillor K. Usman

            Seconded by Councillor A. Chiu

 

That paragraph 2 of Motion (1) be amended as follows:

 

"And that Council endorse the pilot project for concrete fence replacement in the Steeles Avenue, Warden Avenue, Denison Street and Birchmount Road as outlined in Attachment "A" to the May 13, 2003 staff report titled "Markham Beautification - Concrete Fence Replacement Program and in addition Denison Street from Birchmount Road to McCowan Road."

 

CARRIED

(See following recorded vote)(10:2)

 

YEAS:             Mayor D. Cousens, Deputy Mayor F. Scarpitti, Regional Councillor T. Wong, Councillor S. Daurio, Councillor E. Shapero, Councillor J. Virgilio, Councillor G. McKelvey, Councillor J. Heath, Councillor K. Usman, Councillor A. Chiu. (10)

 

NAYS:             Regional Councillor B. O'Donnell, Councillor D. Horchik. (2)

 

            ABSENT:        Regional Councillor G. Landon. (1)

 

 

Moved by Councillor A. Chiu

Seconded by Councillor K. Usman

 

That paragraph 3 of Motion (1) be considered as written as follows:

 

"And that Council approve the proposed three-way cost sharing arrangement, whereby the Town, Corporate sponsors and the individual homeowners each contribute one-third of the cost for the fence replacement program, as outlined in the "Financial Considerations" section of the report."

 

CARRIED

(See following recorded vote)(8:4)

 

YEAS:             Mayor D. Cousens, Regional Councillor T. Wong, Councillor S. Daurio, Councillor J. Virgilio, Councillor G. McKelvey, Councillor J. Heath, Councillor K. Usman, Councillor A. Chiu. (8)

 

NAYS:             Deputy Mayor F. Scarpitti, Regional Councillor B. O'Donnell, Councillor E. Shapero, Councillor D. Horchik. (4)

 

ABSENT:        Regional Councillor G. Landon. (1)

 

 

Moved by Councillor E. Shapero

Seconded by Regional Councillor T. Wong

 

That Motion (1) be amended to include the following paragraph:

           

            "And that this project apply Town-wide to concrete fences only."

 

LOST

(See following recorded vote)(5:7)

 

YEAS:             Deputy Mayor F. Scarpitti, Regional Councillor T. Wong, Councillor S. Daurio, Councillor E. Shapero, Councillor G. McKelvey. (5)

 

NAYS:             Mayor D. Cousens, Regional Councillor B. O'Donnell, Councillor J. Virgilio, Councillor J. Heath, Councillor D. Horchik, Councillor K. Usman, Councillor A. Chiu. (7)

 

ABSENT:        Regional Councillor G. Landon. (1)

 

 

            Moved by Councillor E. Shapero

            Seconded by Councillor S. Daurio

 

            That Motion (1) be amended to add the following words to paragraph 2:

 

            "… and include Bayview Avenue and Leslie Street with funding from a separate source."

 

LOST

(See following recorded vote)(5:7)

 

YEAS:             Deputy Mayor F. Scarpitti, Regional Councillor T. Wong, Councillor S. Daurio, Councillor E. Shapero, Councillor G. McKelvey. (5)

 

NAYS:             Mayor D. Cousens, Regional Councillor B. O'Donnell, Councillor J. Virgilio, Councillor J. Heath, Councillor D. Horchik, Councillor K. Usman, Councillor A. Chiu. (7)

 

ABSENT:        Regional Councillor G. Landon. (1)

 

 

Moved by Councillor E. Shapero

            Seconded by Regional Councillor T. Wong

 

That Motion (1) be amended to include the following paragraph:

 

            "And That the Town's portion of the funding apply to services-in kind only or a financial amount equal to the cost of the removal of the concrete fences of $30.00 per lineal metre for the area outlined in this report."

 

LOST

(See following recorded vote)(3:9)

 

YEAS:             Deputy Mayor F. Scarpitti, Regional Councillor T. Wong, Councillor E. Shapero. (3)

 

NAYS:             Mayor D. Cousens, Regional Councillor B. O'Donnell, Councillor S. Daurio, Councillor J. Virgilio, Councillor G. McKelvey Councillor J. Heath, Councillor D. Horchik, Councillor K. Usman, Councillor A. Chiu. (9)

 

ABSENT:        Regional Councillor G. Landon. (1)

 

 

Moved by Councillor D. Horchik

            Seconded by Regional Councillor F. Scarpitti

 

That Motion (1) be amended to include the following paragraph:

 

"And that the Town's portion of the funding be services-in-kind or $30.00 per lineal metre for the removal of the concrete fences."

 

LOST

(See following recorded vote)(5:7)

 

YEAS:             Deputy Mayor F. Scarpitti, Regional Councillor T. Wong, Regional Councillor B. O'Donnell, Councillor E. Shapero, Councillor D. Horchik. (5)

 

NAYS:             Mayor D. Cousens, Councillor S. Daurio, Councillor J. Virgilio, Councillor G. McKelvey, Councillor J. Heath, Councillor K. Usman, Councillor A. Chiu. (7)

 

ABSENT:        Regional Councillor G. Landon. (1)

 

 

Moved by Councillor D. Horchik

            Seconded by Councillor E. Shapero

 

            That Motion (1), paragraph 2 be amended to delete the area along Denison Street from Birchmount Road to McCowan Road.

 

LOST

(See following recorded vote)(4:8)

 

YEAS:             Councillor S. Daurio, Councillor E. Shapero, Councillor G. McKelvey, Councillor D. Horchik. (4)

 

NAYS:             Mayor D. Cousens, Deputy Mayor F. Scarpitti, Regional Councillor T. Wong, Regional Councillor B. O'Donnell, Councillor J. Virgilio, Councillor J. Heath, Councillor K. Usman, Councillor A. Chiu. (8)

 

ABSENT:        Regional Councillor G. Landon. (1)

 

 

Moved by Councillor D. Horchik

            Seconded by Deputy Mayor F. Scarpitti

 

That Motion (1) be amended to add the following to paragraph 3:

 

"… and that the Town's share be limited to helping to arrange for contracts for bulk purchases or replacement fences and bulk removal of the concrete fences."

 

LOST

(See following recorded vote)(1:11)

 

YEAS:             Councillor D. Horchik. (1)

 

NAYS:             Mayor D. Cousens, Deputy Mayor F. Scarpitti, Regional Councillor T. Wong, Regional Councillor B. O'Donnell, Councillor S. Daurio, Councillor E. Shapero, Councillor J. Virgilio, Councillor G. McKelvey, Councillor J. Heath, Councillor K. Usman, Councillor A. Chiu. (11)

 

ABSENT:        Regional Councillor G. Landon. (1)

 

 

 

(2)        CONSTRADA AGGREGATE RECYCLING FACILITY
            350 YORKTECH DRIVE - REMOVAL OF HOLD PROVISION (10.5 & 10.6)

 

That consideration of the proposed by-law to remove the Hold provision (H) from the lands located at 350 Yorktech Drive (Constrada Aggregate Recycling Facility) be deferred to the Council meeting on June 10, 2003 to allow time to speak with the applicant regarding current operations;

 

And that the applicant be requested to cease operation in that two (2) week period.

 

CARRIED

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

 

(3)        RESCHEDULING OF MEETINGS (16.23)

 

That the Finance and Administrative Committee meeting scheduled for Monday, June 2, 2003 at 1:00 p.m. be rescheduled to 9:00 a.m. Tuesday, June 3, 2003 and the Markham Centre Steering Committee meeting to be held on Tuesday, June 3, 2003 at 9:00 a.m. be rescheduled.

 

CARRIED

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

 

 

(4)        UNIONVILLE LAND USE AND PARKING STUDY          
            IMPLEMENTATION OF AMENDMENTS TO THE
            OFFICIAL PLAN AND ZONING BY-LAWS (SD 03 106613) (10.3, 10.5)

 

That thanks and appreciation be extended to staff, the Unionville Villagers Association, the Unionville BIA, and all those involved with producing the Unionville Land Use and Parking Study for their hard work and leadership;

 

And that special thanks be forwarded by the Mayor on behalf of Council.

 

CARRIED

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

 

 

 

8.         COMMUNICATIONS

 

Council consented to add Communications 143-2003 and 144-2003.

 

Moved by Regional Councillor T. Wong

Seconded by Councillor A. Chiu

 

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

 

Received

141-2003         Robert E. Wright - Forwarding comments and objections regarding the dog leash-free area at Milne Park. (2.8 & 6.3)

 

 

Referred to all Members of Council

142-2003         Proclamation - Markham Fair Week - Week of September 29, 2003. (3.4)

 

144-2003         Proclamation - Aphasia Awareness Week (June 1 to 7, 2003) and National Aphasia Awareness Month (June 2003). (3.4)

 

Referred to the Commissioner of Development Services

143-2003         Glenn Baron - Forwarding concerns regarding the draft plan of subdivision 19TM-02005 located east of Kennedy Road on the north and south side of Helen Avenue, proposed by Swallow's Nest Development (Abidien Inc.). (Clause 5, Report No. 37, 2003) (10.5 & 10.7)

 

CARRIED

 

 

 

9.         OTHER BUSINESS

 

Moved by Councillor A. Chiu

Seconded by Councillor J. Virgilio

 

That Other Business be received and adopted.

 

(1)        SURPLUS PROPERTY AND CONVEYANCE OF
            PART OF LOT 3, PLAN 2196, DESIGNATED AS PART 8
            AND 10, PLAN 65R-TO BE DEPOSITED - PART OF
            CASTAN AVENUE, MARKHAM (8.5)

 

NOTICES OF PROPOSED SALE
TOWN OF MARKHAM
PROPOSED SALE OF SURPLUS REAL PROPERTY
(Pursuant to By-law 178-96)

 

That notice of the proposed disposition for the lands legally described as Part of Lot 3, Plan 2196, designated as Parts 8 and 10, Plan 65R-to be deposited, being a part of Part 2 on Plan 65R-18880, be confirmed.

(Clause 1, Report No. 36, 2003)

(By-law 2003-133)

 

CARRIED

 

10.       BY-LAWS

 

Council consented to separate By-law 2003-161.

 

Council consented to add By-laws 2003-165 to 2003-168.

 

Moved by Councillor K. Usman

Seconded by Councillor A. Chiu

 

That By-laws 2003-133 to 2003-160 and By-laws 2003-162 to 2003-168 be given three readings and enacted;

 

And that By-law 2003-161 be withdrawn.

 

Three Readings

 

BY-LAW 2003-133    A by-law to authorize the execution of Transfer/Deed of Land to Solar Builders Inc. for the lands legally described as Part of Lot 3, Plan 2196, designated as Parts 8 and 10, Plan 65R-to be deposited, being a part of Part 2 on Plan 65R-18880.
(Clause 1, Report No. 36, 2003)

 

BY-LAW 2003-134    A by-law to amend Sign By-law 2002-94 (To amend Sections 4.3.1 and 17.1).
(Clause 4, Report No. 36, 2003)

 

BY-LAW 2003-135    A by-law to provide for the levy and collection of property taxes totalling $356,335,420 required by the Town of Markham, Regional Municipality of York, Boards of Education, and to provide for the mailing of notices requesting payment of taxes for the year 2003.
(Clause 6, Report No. 36, 2003)

 

BY-LAW 2003-136    A by-law to authorize the execution of a partial release of the Swan Lake Subdivision Agreement (Part of Block 14, Plan 65M-3103, designated as Part 2, Plan 65R-24840).
(Clause 7, Report No. 36, 2003)

 

BY-LAW 2003-137    A by-law to regulate noise - Noise Control By-law (To repeal Noise By-law 218-89).
(Clause 11, Report No. 36, 2003)

 

BY-LAW 2003-138    A by-law to amend Traffic By-law 106-71 (Registered Plan Numbers 65M-3189, 65M-3086, 65M-3188).
(Clause 1, Report No. 37, 2003)

 

 

BY-LAW 2003-139    A by-law to amend Speed By-law 105-71 (Registered Plan Numbers 65M-3189, 65M-3086, 65M-3188).
(Clause 1, Report No. 37, 2003)

 

BY-LAW 2003-140    A by-law to amend Parking By-law 336-88 (Registered Plan Numbers 65M-3189, 65M-3086, 65M-3188 - The Bridle Walk, east and west sides between Sixteenth Avenue & Trail Ridge Lane).
(Clause 1, Report No. 37, 2003)

 

BY-LAW 2003-141    A by-law to establish streets laid out according to Plan of Subdivision 65M-3086 as public highway. (Monarch Construction Limited, Part of Lots 13 and 14, Concession 6 - Fawnbrook Circle).
(Clause 1, Report No. 37, 2003)

 

BY-LAW 2003-142    A by-law to establish streets laid out according to Plan of Subdivision 65M-3188 as public highway. (1055098 Ontario Limited, 1144851 Ontario Limited and 1055097 Ontario Limited), Part of Lots 16 and 17, Concession 6 - The Bridle Walk, Bridlefield Lane, Trail Ridge Lane and Briar Path Lane).
(Clause 1, Report No. 37, 2003)

 

BY-LAW 2003-143    A by-law to establish streets laid out according to Plan of Subdivision 65M-3189 as public highway. (Farrita Enterprises Inc., Part of Lots 12 and 13, Concession 7 - Sunway Square).
(Clause 1, Report No. 37, 2003)

 

BY-LAW 2003-144    A by-law to amend Zoning By-law 304-87, as amended (Swallow's Nest Development) (Abidien Inc.), 19TM-02005 - To delete the lands from the designated area of Zoning By-law 304-87, as amended, and to zone the lands under Zoning By-law 177-96, as amended, to permit development in accordance with residential plan of subdivision).
(Clause 5, Report No. 37, 2003)

 

BY-LAW 2003-145    A by-law to amend Zoning By-law 177-96, as amended (Swallow's Nest Development) (Abidien Inc.), 19TM-02005 - To permit development in accordance with residential plan of subdivision).
(Clause 5, Report No. 37, 2003)

 

BY-LAW 2003-146   A by-law to amend By-law 2003-72, to provide for the use of voting and vote counting equipment as an alternative voting method (To establish internet voting).
(Committee of the Whole Motion - May 13, 2003)

 

BY-LAW 2003-147    A by-law to amend By-law 2003-73, to provide for advance voting to be held prior to regular voting day (To establish internet voting).
(Committee of the Whole Motion - May 13, 2003)

 

BY-LAW 2003-148    A by-law to adopt Official Plan Amendment No. 106 (Markham Centre YMCA & ORC Lands, 7996 Kennedy Road - To provide for additional employment development and a new recreational facility with a Town-wide focus).
(Clause 1, Report No. 30, 2003)

 

BY-LAW 2003-149    A by-law to amend Zoning By-law 122-72, as amended (Markham Centre YMCA & ORC Lands, 7996 Kennedy Road - To delete the subject lands from designated area By-law 122-72, as amended so that they may be incorporated into Zoning By-law 177-96, as amended to provide for additional employment development and a new recreational facility with a Town-wide focus).
(Clause 1, Report No. 30, 2003)

 

BY-LAW 2003-150    A by-law to amend Zoning By-law 304-87, as amended (Markham Centre YMCA & ORC Lands, 7996 Kennedy Road - To delete the subject lands from designated area By-law 304-87, as amended so that they may be incorporated into Zoning By-law 177-96, as amended to provide for additional employment development and a new recreational facility with a Town-wide focus).
(Clause 1, Report No. 30, 2003)

 

BY-LAW 2003-151    A by-law to amend Zoning By-law 177-96, as amended (Markham Centre YMCA & ORC Lands, 7996 Kennedy Road - To provide for additional employment development and a new recreational facility with a Town-wide focus).
(Clause 1, Report No. 30, 2003)

 

BY-LAW 2003-152    A by-law to designate a property as being of Historic and/or Architectural Value or Interest - The John Noble Raymer House, 7124 14th Avenue).
(Clause 4, Report No. 23, 2003)

 

BY-LAW 2003-153    A by-law to designate a property as being of Historic and/or Architectural Value or Interest - The John Mapes House, 7166 14th Avenue).
(Clause 4, Report No. 23, 2003)

 

BY-LAW 2003-154    A by-law to designate a property as being of Historic and/or Architectural Value or Interest - The Levi B. Heise House, 2718 Elgin Mills Road).
(Clause 5, Report No. 23, 2003)

 

BY-LAW 2003-155    A by-law to designate a property as being of Historic and/or Architectural Value or Interest - The Christian Heise House, 2730 Elgin Mills Road).
(Clause 5, Report No. 23, 2003)

 

BY-LAW 2003-156    A by-law to designate a property as being of Historic and/or Architectural Value or Interest - The James Dimma House, 7933 14th Avenue).
(Clause 6, Report No. 23, 2003)

 

BY-LAW 2003-157    A by-law to designate a property as being of Historic and/or Architectural Value or Interest - The George Henry Sommerfeldt Sr. House, 10411 Kennedy Road).
(Clause 6, Report No. 19, 2003)

 

BY-LAW 2003-158    A by-law to designate a property as being of Historic and/or Architectural Value or Interest - The Sommerfeldt Homestead, 10379 Kennedy Road).
(Clause 6, Report No. 19, 2003)

 

BY-LAW 2003-159    A by-law to designate a property as being of Historic and/or Architectural Value or Interest - The John Reesor House, 6937 Highway No. 7).
(Clause 7, Report No. 23, 2003)

 

BY-LAW 2003-160    A by-law to amend Zoning By-law 177-96 (Woodbine Mackenzie Development Ltd., 10271, 10327 & 10391 Woodbine Avenue - To remove the (H) Hold provision.)

 

BY-LAW 2003-161    A by-law to amend Zoning By-law 165-80, as amended (Constrada Aggregate Recycling Facility, 350 Yorktech Drive - To remove the (H) Hold provision.)     WITHDRAWN

 

BY-LAW 2003-162    A by-law to amend Zoning By-law 177-96, as amended (Andrin Kennedy Homes, northwest corner of Kennedy Road & Castan Avenue - To permit mixed use townhouses).
(Motion (4) - April 29, 2003 Council Minutes)

 

BY-LAW 2003-163    A by-law to amend By-law 2002-276, a by-law to impose fees or charges for services or activities provided or done by the Town of Markham (Charges for permits under the Noise By-law - festivals, concerts and road constructions).

 

BY-LAW 2003-164    A by-law to confirm the proceedings of the Council meeting of May 27, 2003.
(Council Meeting No. 13, 2003)

 

BY-LAW 2003-165    A by-law to amend By-law 2002-178, being a by-law to appoint Municipal Law Enforcement Officers (Teri Bridgeford - Standing Water By-law Enforcement).

 

BY-LAW 2003-166    A by-law to adopt Official Plan Amendment No. 107 (Unionville Core Area - To implement the recommendations of the Main Street Unionville Land Use and Parking Study).
(Committee of the Whole Motion - May 27, 2003)

 

BY-LAW 2003-167    A by-law to amend Zoning By-law 122-72, as amended (Unionville Core Area - To implement the recommendations of the Main Street Unionville Land Use and Parking Study).
(Committee of the Whole Motion - May 27, 2003)

 

BY-LAW 2003-168    A by-law to amend By-law 28-97, as amended (Parking By-law) (Unionville Core Area - To implement the recommendations of the Main Street Unionville Land Use and Parking Study).
(Committee of the Whole Motion - May 27, 2003)

 

CARRIED

 

 

 

11.       ADJOURNMENT

 

Moved by Councillor A. Chiu

Seconded by Councillor K. Usman

 

That the meeting do adjourn.

CARRIED

 

Council adjourned at 10:40 p.m.

 

 

 

 

 

 

_______________________________                ___________________________________

SHEILA BIRRELL, TOWN CLERK                    DON COUSENS, MAYOR

 

(Signed)