2003-09-16
COUNCIL MINUTES Council Chamber, Civic Centre
Meeting
No. 18
(Canada
Room)
COMMITTEE
OF THE WHOLE
ROLL
CALL
Mayor D.
Cousens, Deputy Mayor F. Scarpitti (5:15 p.m.), Regional Councillor B.
O'Donnell, Councillor S. Daurio, Councillor E. Shapero, Councillor J. Virgilio,
Councillor G. McKelvey, Councillor J. Heath, Councillor D. Horchik, Councillor
A. Chiu. (10)
Regrets
Regional
Councillor G. Landon, Regional Councillor T. Wong, Councillor K. Usman. (3)
Moved by
Councillor A. Chiu
Seconded by Councillor
G. McKelvey
That Council
resolve itself into the Committee of the Whole to discuss the following:
(1) Markham Hydro Matter (13.7)
(2) Leitchcroft - Motion to Ontario
Municipal Board (13.13)
(3) Designation
Under Part IV of the Ontario Heritage Act
9404 Highway 48, "The Menno
Raymer House" (16.11.3)
(4) Rouge Park Proposal - Planting of the
Tompion Property (10.3)
(5) 2004 Development Charges Background
Study (7.11)
(6) 2003 Advisory Committee Appointments (16.24)
(7) Delegation of Authority to the Chief
Administrative Officer
During Council's Lame Duck Period (14.0 & 16.23)
CARRIED
The Regular
Meeting of Council was held on September 16, 2003 at 7:15 p.m. in the Council
Chamber, Civic Centre. Mayor D. Cousens
presided.
(Council
Chambers)
ROLL
CALL
Mayor D.
Cousens, Deputy Mayor F. Scarpitti, Regional Councillor 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. (1)
STAFF
J. Livey,
Chief Administrative Officer
J. Allen,
Chief Information Officer
J. Baird,
Commissioner of Development Services
S. Birrell,
Town Clerk
C. Conrad,
Town Solicitor
B. Cribbett,
Treasurer
P. Miller,
Manager, Secretariat Services
M. Rebane,
Manager, Corporate Communications
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
Councillor J.
Heath disclosed an interest with respect to Report No. 54, Clause (1) -
Development Services Committee minutes of August 25, 2003 (Item # 2), the
proposed development by Solarino Holdings at 29 Laidlaw Boulevard by nature
owning property across the street, and did not take part in the consideration
or discussion of or vote on the question of the approval of such matter.
Councillor J.
Heath disclosed an interest with respect to Report No. 54, Clause (1) -
Development Services Committee minutes of August 25, 2003 (Item # 15), the
proposed developments for Markville Mall (Paragraphs 15 and 16) by nature of
the mall being owned by the Ontario Teacher’s Pension Plan Fund of which his
mother is a member, and did not take part in the consideration or discussion of
or vote on the question of the approval of such matter.
Councillor G.
McKelvey disclosed an interest with respect to Report No. 54, Clause (1) -
Development Services Committee minutes of August 25, 2003 (Item # 15), the
proposed developments for Markville Mall (Paragraphs 15 and 16) by nature of
the mall being owned by the Ontario Teacher’s Pension Plan Fund of which he is
a member, and did not take part in the consideration or discussion of or vote
on the question of the approval of such matter.
2. REPORT OF THE COMMITTEE OF THE WHOLE
Council agreed
to separate Committee of the Whole items 6 and 7.
Moved by
Councillor A. Chiu
Seconded by
Councillor G. McKelvey
That Council rise from the Committee of the
Whole and the Chairman report.
CARRIED
…………………………………………..
Mayor D. Cousens vacated the Chair and Deputy
Mayor F. Scarpitti assumed the Chair.
…………………………………………..
Deputy Mayor
F. Scarpitti reported the following motions passed at the Committee of the
Whole meeting:
(1) MARKHAM
HYDRO MATTER (13.7)
That the presentation regarding a
confidential Markham Hydro matter, be received;
And that the strategy of Markham Hydro
regarding embedded distributors be endorsed;
And that the major ten (10) municipalities
who are the shareholders of their utilities be requested to endorse this
strategy;
And that the Minister of Energy, Science and
Technology, Premier Ernie Eves, Mr. Dalton McGuinty, Leader of the Opposition,
the Association of Municipalities of Ontario, the Ontario Energy Board, and the
Electricity Distributors Association, be so advised.
(2) LEITCHCROFT
MOTION TO ONTARIO MUNICIPAL
BOARD (13.13)
Whereas it is the policy of
Council and an essential planning principle to ensure that an appropriate
balance is maintained between residential development and the creation of jobs
and the supply of employment lands within the Town of Markham;
And whereas in consideration of
applications for Official Plan Amendment and Zoning By-law Amendment filed by
1107656 Ontario Ltd. (the “Owner”) for its lands comprising Blocks 41, 42 and
43, Registered Plan 65M-3226 and all of Registered Plan 65M-3575 (bounded by
Highway No. 7, Times Avenue, South Park Road and Saddlecreek Drive) and Block
45, Registered Plan 65M-3226, located west of Saddlecreek Drive, Council
ensured the appropriate balance was maintained through the retention of the
remaining supply of employment land on the Owner’s lands and the creation of an
appropriate transition between residential and employment uses;
And whereas the Development
Services Committee had deliberated extensively at its meeting of April 8, 2003
on the merits of the applications by the Owner, the staff recommendation to
redesignate part of the Owner’s remainder lands for Open Space and Business
Park purposes and the Owner’s opposition to that redesignation and
subsequently, refused the applicant's request not to redesignate and
recommended that Council adopt the necessary official plan amendment and by-law
to give effect to the redesignations;
And whereas Council adopted the
Development Services Committee's recommendation and thereby supported planning
staff's position that residential development should be balanced with
employment uses and the creation of jobs and therefore, the matters should in
fact be linked;
And whereas Council subsequently
passed By-law 2003-127 to adopt Official Plan Amendment No. 105 and Zoning
By-law 2003-128 to give effect to the approval;
And whereas 1107656 Ontario Ltd.
has appealed By-law 2003-127 and 2003-128 to the Ontario Municipal Board;
And whereas Council is aware that
the applicant is now, by way of a Notice of Motion to the Ontario Municipal
Board returnable on the 22nd of September, 2003, attempting to
bifurcate the appeal and secure the benefits conferred by the passing of
By-laws 2003-127 and 2003-128 without also supporting the necessary balance of
employment and residential uses desired by Council and necessary for the proper
planning of a healthy community;
Now therefore be it resolved that
the Council of the Town of Markham:
1.
Directs Planning and Legal staff (including outside Counsel) to
vigorously oppose the applicant's motion;
2.
Enact a by-law to repeal s. 1.3 of By-law 2003-128, to re-state the
provisions of By-law 2003-69 with respect to the requirement for retail at
grade; and
3.
Determines that no further notice in respect of the above noted repeal is
required
(3) DESIGNATION UNDER PART
IV OF
THE ONTARIO HERITAGE ACT
9404 HIGHWAY 48, "THE MENNO RAYMER HOUSE" (16.11.3)
That consideration of the matter of the heritage designation of
"The Menno Raymer House", be deferred to the September 23, 2003
Development Services Committee meeting.
(4) ROUGE
PARK PROPOSAL
PLANTING OF THE TOMPION PROPERTY
(10.3)
That consideration of the Rouge Park Alliance proposal for planting of
the former Tompion property, be deferred to the September 30, 2003 Committee of
the Whole meeting.
(5) 2004
DEVELOPMENT CHARGES BACKGROUND STUDY (7.11)
That the report titled "2004 Development Charges Background
Study" dated September 16, 2003 be received;
And that Hemson Consulting Ltd. be retained
as the lead consultant to assist in the completion of the 2004 Development
Charges Background Study at a cost not to exceed $133,750 inclusive of 7% GST
($128,750 inclusive of 3% GST);
And that the Hemson Consulting Ltd. work be
funded from the Town of Markham Development Charges Town Wide Soft
Administrative Capital Growth Studies account in the amount of $120,375 and
that the balance in the amount of
$13,375 be funded from capital account 044-6100-003-005 Corporate Wide
Projects;
And that Development Services provide the CAO
with a business case outlining the proposed Engineering, Planning and Urban
Design Departments work plans, projected consulting costs, projected costs for
contract positions, proposed staff secondments, and projected timelines for
budget funding;
And that the CAO be delegated the authority to allocate budget funds
from the Development Charge Reserve Funds and other non-DC sources as required
in connection with the Development Charges Study update from the Town of
Markham Development Charges Town-wide Soft Administrative Capital Growth
Studies account and nominal amounts from non-DC sources that relate to 10%
non-growth funding anticipated for urban design and planning studies;
And that staff report back to Council on the funding allocation
approved by the CAO.
CARRIED
…………………………………………..
Deputy Mayor F. Scarpitti vacated the Chair
and Mayor D. Cousens assumed the Chair.
…………………………………………..
(6) 2003
ADVISORY COMMITTEE APPOINTMENTS (16.24)
Main Street Markham Committee
That the resignation of Robert Lipka from the Main Street Markham
Committee be accepted with regret and a letter of appreciation be forwarded;
And that the matter of a replacement appointment be referred to
Councillors G. McKelvey and J. Heath to provide a recommendation to Council;
Mayor's Youth Task Force
That the following resignations from the Mayor's Youth Task Force be
received with regret and that staff advise of any replacement appointments:
Megan Sparkes
Cindy Singh
Milliken Mills Main Street
Advisory Committee
That the following be appointed to the
Milliken Mills Main Street Advisory Committee:
Neil Ishmael duration
of mandate
Winifred Kerr duration
of mandate
Charles Sutherland duration of mandate
Tony Ma duration
of mandate
Trevor H. Russell duration of mandate
Elise A. Cadore duration of mandate
Sidonio Terralheiro duration of mandate
Leslie Kerr duration
of mandate
Naraya Rao duration
of mandate
Committee of Adjustment
That the matter of a replacement appointment for the Thornhill area be
deferred for consideration at the Council meeting this date.
CARRIED
(7) DELEGATION OF AUTHORITY
TO THE
CHIEF ADMINISTRATIVE OFFICER
DURING COUNCIL'S LAME DUCK PERIOD (14.0 & 16.23)
That the Chief
Administrative Officer, or designate, be delegated authority to:
Acquisition of
land valued in excess of $50,000;
Acquisition of
good and services valued in excess of $50,000;
Incur
liabilities in excess of $50,000; and
Award of
contracts in excess of $350,000.00
during the
lame duck period September 29, 2003 to December 2nd, when Council
has its first meeting of the new term;
And that the
Treasurer report back to the December 8th, 2003 Finance and Administrative
Committee as to the awards and acquisitions made during this period.
CARRIED
(See following recorded vote)
(9:3)
YEAS: Mayor
D. Cousens, Deputy Mayor F. Scarpitti, Regional Councillor B. O'Donnell,
Councillor S. Daurio, Councillor J. Virgilio, Councillor G. McKelvey,
Councillor D. Horchik, Councillor K. Usman, Councillor A. Chiu. (9)
NAYS: Regional Councillor T.
Wong, Councillor E. Shapero, Councillor J. Heath. (3)
ABSENT: Regional
Councillor G. Landon. (1)
Moved by Councillor A. Chiu
Seconded by Councillor G. McKelvey
That the Report of the Committee of the Whole
be adopted, approved and confirmed.
CARRIED
3. MINUTES
(1) COUNCIL
MINUTES
- AUGUST 26, 2003
Moved by
Councillor A. Chiu
Seconded by
Councillor E. Shapero
That the
Minutes of the Council Meeting held on August 26, 2003, be adopted.
CARRIED
4. PRESENTATIONS
Council
consented to separate Presentations (2), (3), (4) and add Presentations (5) and
(6).
(1) SILVER
TRASH CAN LID AWARD (12.2.6)
Council
presented the Silver Trash Can Lid Award recognizing the groups who collected
the most bags of garbage during the spring Pitch-in environmental celebrations:
Senior Winner Cedar
Grove Community Club
Junior Winner Reesor
Park Public School
Special Award Tim
Horton’s Earn-A-Bike Program
(2) SUSIE
GARDEN AWARD (12.2.6)
Council presented to the winners of the Susie Awards recognizing the
top twelve front gardens that are a source of beauty and pride to the owners
and the community. The new Eco Susie
Awards celebrate environmentally friendly gardens considering water
conservation, wildlife habitats, native plants and alternative pesticide
control. The winners are:
Category A - properties with frontage of 40
feet or less:
First 21
Fallingbrooke Court Ward
2
Second 43
Meadowbrooke Lane Ward
3
Third 38
Tamarack Drive Ward
2
Category B - properties with
frontage of 41 feet or more:
First 75
Johnson Street Ward
1
Second 34
Windridge Drive Ward
4
Third 220
Larkin Drive Ward
5
Category C - multiple front
gardens:
First 9 Anna
Russell Way Ward
3
Second 4 Emily
Way Ward
5
Third 63
Cornell Park Avenue Ward
4
Eco Susie - environmentally
friendly gardens:
First 62
Donna Mora Crescent Ward
2
Second 26
Colborne Street Ward
1
Third 78
Tamarack Drive Ward
2
(3) YORK
REGION ONTARIO SENIORS GAMES (12.2.6)
The presentations to the York Region Ontario
Seniors Games winners was deferred to the September 30, 2003 Council meeting.
(4) INTERNET
VOTING (14.0)
The Commissioner of Corporate Services advised that the internet voting
presentation will be given at a future All Candidates Meeting.
(5) DON
DEACON MEMORIAL TRIBUTE (12.2.6)
The Mayor announced, with sadness, the recent
passing of Don Deacon who was one of the founding members of the Markham
Stouffville Hospital and a highly respected and valued resident. Mr. Deacon was also former MPP for York
Centre, covering Markham, Vaughan and Richmond Hill, in the 1970's. Sincere condolences were extended to his
family.
(6) DONATION
BY REGIONAL COUNCILLOR T. WONG (14.0)
Council announced that Regional Councillor T.
Wong has attended all meetings during the Provincial election campaign
process. In addition, Regional
Councillor Wong will donate two (2) weeks salary to Participation House.
5(a) REPORT NO. 53 - FINANCE &
ADMINISTRATIVE COMMITTEE
Moved by
Councillor K. Usman
Seconded by
Councillor A. Chiu
That Report
No. 53 - Finance & Administrative Committee be received and adopted.
August 25, 2003
(1) OTHER COMMITTEE PROCEEDINGS
- MINUTES OF FINANCE
& ADMINISTRATIVE
COMMITTEE MEETING – AUGUST 25,
2003 (16.0)
CARRIED
5(b) REPORT NO. 54 - DEVELOPMENT SERVICES
COMMITTEE
Moved by Councillor J. Virgilio
Seconded by Regional Councillor B. O'Donnell
That Report No. 54 - Development Services
Committee be received and adopted.
August 25, 2003
(1) OTHER COMMITTEE PROCEEDINGS
- MINUTES OF DEVELOPMENT
SERVICES
COMMITTEE MEETING – AUGUST 25,
2003 (16.0)
CARRIED
(Councillor J. Heath abstained -
Report No. 54, Clause (1), Item 2
&
Report No. 54, Clause (1), Item
15)
(Councillor G. McKelvey abstained
-
Report No. 54, Clause (1), Item
15)
5(c) REPORT NO. 55 - FINANCE &
ADMINISTRATIVE COMMITTEE
Council
consented to separate Clauses (3) & (8).
Moved by
Councillor K. Usman
Seconded by
Councillor A. Chiu
That Report
No. 55 - Finance & Administrative Committee be received and adopted.
September 8, 2003
(1) TOWN
OF MARKHAM PARTICIPATION
IN CAREER BRIDGE PILOT PROJECT (11.0)
That the
presentation of Ms. Barbara Nowers, Director, Career Bridge, with respect to
the internship program for new immigrants be received;
And
that the Finance and Administrative Committee grant a mandate to the Human
Resources Department to oversee the Career Bridge Pilot Project within the Town
of Markham, and offer up to four internships to new Canadians to work in
various departments within the Corporation;
And
that staff report back at the conclusion of the four-month internship period
with an assessment of the program.
(2) LING LIANG CHURCH - CONDITIONAL GRANT
(7.6 & 6.3) Weblink
That
Council authorize a conditional grant equal to Town of Markham development
charges and cash-in-lieu of parkland payable, estimated at $197,888, to be paid
on eligible affordable housing units in the proposed Ling Liang World Wide
Evangelistic Mission, Toronto Ling Liang Church (Bread of Life), under the
Community Rental Housing Program (CRHP);
And
that the funding for the conditional grant be provided from the Corporate Rate
Stabilization Reserve;
And
that the grant be conditional on the execution of an agreement between the
Toronto Ling Liang Church and the Town of Markham, respecting affordable rental
rates, to the satisfaction of the Town Solicitor;
And
that the grant be conditional on the Ling Liang proposal receiving approval for
a CRHP unit allocation, pursuant to the requirements of the Region of York
Request For Proposal.
CARRIED
(3) LICENSING COMMITTEE (2.0) Weblink
That the Licensing Committee be established
as a Standing Committee of Council, and the composition be comprised of all
Members of Council, with a quorum of three;
And that participation by the Members of
Council be on a rotating basis alphabetically, with a Chair of the Committee
being appointed for administrative purposes and a Chair being appointed for
each hearing;
And that regular one-day meetings be
scheduled every month and cancelled in the event they are not required;
And that Councillors make their own
arrangements for alternates if they are unable to attend a specific hearing
date as indicated on the approved schedule of attendance;
And that prior to the 2004 appointments, all
current Members of Council be appointed as members of the Licensing Committee
and that three constitute a quorum.
CARRIED AS AMENDED
(See following motion
to amend)
Moved by Councillor S. Daurio
Seconded by Councillor J. Heath
That Clause (3), Report No. 55 be amended to
include the following as paragraph 4:
“And that Councillors make their own
arrangements for alternates if they are unable to attend a specific hearing
date as indicated on the approved schedule of attendance;”
CARRIED
(4) GENERAL INSURANCE AND RISK MANAGEMENT
PROGRAM
EXTENSION OF CONTRACT FOR ONE YEAR
(4.0) Weblink
That
the report entitled "General Insurance and Risk Management Program -
Extension of Contract for One Year" dated September 8, 2003 be received;
And
that the contract to provide General Insurance and Risk Management Program by
Frank Cowan Company Limited be extended for an additional year for the period
January 1, 2004 to December 31, 2004 for a total cost not to exceed $866,200
inclusive of all taxes (2003 cost - $765,000);
And
that funding in the amount of $866,200 be provided from within the 2004
Corporate Items Proposed Operating Budget;
And
further that the Director of Financial and Client Services be authorized to
extend the contract for General Insurance and Risk Management Program for a
further two years provided that the premium increase does not exceed 8% of the
previous years' insurance program.
(5) TOWN OF MARKHAM LEASING
POLICIES AND GOALS (7.0) Weblink
That
the report dated September 8, 2003 entitled "Town of Markham Leasing
Policies and Goals" be received;
And
that the Town of Markham Leasing Policies and Goals, attached to such report,
be approved;
And
further that a "material" lease be defined as a lease with annual
payments greater than 0.5% of the Town's annual Debt and Financial Obligation
Limit.
(6) TAX SYSTEM (TXM 2000) AGREEMENT (7.3) Weblink
That
Council delegate to the Treasurer and Chief Information Officer authority to
approve the execution of a three year License Agreement and Maintenance and
Support Agreement with the City of Mississauga, and when so approved, the Mayor
and Clerk be delegated the authority to execute such agreements in a form
satisfactory to the Town Solicitor;
And
that Council delegate to the Treasurer and Chief Information Officer authority
to approve the execution of a three year joint development agreement with the
City of Mississauga, City of Brampton and Town of Richmond Hill, and when so
approved, the Mayor and Clerk be delegated the authority to execute such
agreements in a form satisfactory to the Town Solicitor;
And
that 2003 maintenance and support costs in the amount of $53,105 for 2003 be
approved and funded from Operating Account 400-400-5361, and $271,460 for new
2003 development be approved and funded from Capital Account 49-6150-5247-005;
And
that a by-law be enacted to delegate to the Treasurer and Chief Information
Officer authority to approve the execution of the three year Licensing,
Support/Maintenance and Development agreements noted in the above
recommendations and when so approved, the Mayor and Clerk be delegated the
authority to execute such agreements in a form satisfactory to the Town
Solicitor.
(By-law 2003-288)
(7) 069-T-03 BERCZY COMMUNITY PARK SOUTH
(7.12 & 6.3)
That
the report entitled, "069-T-03 Berczy Community Park South", be
received;
And
that tender 069-T-03 for the construction of Berczy Community Park South (Parts
A and B of the tender) be awarded to the lowest qualified bidder, Loc-Pave
Construction Ltd., in their bid amount of $999,642.14 inclusive of 7% GST,
testing, electrical and contingency allowances, ($962,272.35 inclusive of 3%
GST, testing, electrical, and contingency allowances);
And
that funds for this project be provided from the Planning and Urban Design
Department's 2002 Capital Account #81-5350-4708-005, Berczy Commons Park (Phase
3) South Section in the amount of $735,000;
And
that in accordance with the Expenditure Control Policy, the Treasurer
recommends that the over expenditure of $227,272.35 be authorized with
offsetting funds identified in Capital Project Account #81-5350-4707-005,
Berczy Commons Park (Phase 2) North Section;
And
that the balance of funds in the estimated amount of $51,943.79 in Planning and
Urban Design's Capital Account #81-5350-4707-005, Berczy Commons Park (Phase
2), North Section, remain in this account to be used for Berczy Park North and
Berczy Park South purposes including authorized contingencies and approved and
committed change orders associated with tenders 089-T-01 and 069-T-03.
CARRIED
(8) TENDER AWARD - 158-T-03 CONSTRUCTION
OF CENTENNIAL SKATEPARK (7.12
& 6.3)
And that Gateman Milloy Inc., being the
lowest bidder for the construction of Centennial Skatepark, be awarded the
tender 158-T-03 in their tender amount of $587,908.27 including base bid
($591,701.26 inclusive of 3% GST) minus credits back ($23,792.99 inclusive of
3% GST), plus contingencies ($15,000) and testing allowances ($5,000);
And that the previously approved Purchase
Order B3-00017 for engineering and landscape architectural consulting fees be
increased by $10,000.00 from $61,311.00 to $71,311.00;
And that this award be funded, in part from
the 2002 Capital Budget account #70-5350-4714-005, Skateboard Park in the
amount of $382,510.00;
And that the funding shortfall of $215,398.27
for the construction award and the engineering and landscape architectural
consulting fees be funded 90% from the Development Charges Reserve account
($193,858.44) and 10% from the Corporate Contingency account ($21,539.83);
And that the use of stainless steel at Centennial
Skatepark be approved at an additional cost of $23,880.00.
CARRIED AS AMENDED
(See following motion
to amend)
Moved by Regional Councillor F. Scarpitti
Seconded by Regional Councillor B. O'Donnell
That Clause (8), Report No. 55 be amended to
add the following paragraph:
“That the use of stainless
steel at Centennial Skatepark be approved at an additional cost of $23,880.00.”
CARRIED
(9) COMMEMORATION OF EVENTS OF SEPTEMBER 11,
2001 &
NATIONAL
FIREFIGHTERS WEEK - SEPTEMBER 7 - 13, 2003
(3.4 & 7.15 & 12.2.6)
Whereas The
Municipality of the Town of Markham recognizes the events of September 11,
2001;
Now, Therefore
Be It Resolved that I, Mayor Don Cousens, on behalf of the Members of Council
hereby proclaim that a moment of silence be held at 9:59 a.m. on September 11,
2003 in remembrance of all the victims of the tragedy and encourage residents
and businesses to participate;
And that the
Mayor and Council proclaim the week of September 7-13, 2003 as National
Firefighters Week in the Town of Markham;
And further
that this declaration be proclaimed and published on the Town page and through
its website.
(10) SURPLUS PROPERTY AND CONVEYANCE
PART OF BLOCK 99, PLAN
65M-3612, DESIGNATED
AS PART 3 PLAN 65R TO BE
DEPOSITED - PART OF A
SWM BLOCK WISMER SECONDARY
PLAN - SOUTHEAST
SIDE MCCOWAN ROAD AND MAJOR
MACKENZIE DRIVE (8.5)
That
Part of Block 99, Plan 65M-3612, designated as Part 3 on the 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 September 16, 2003;
And
that approval be granted to the Manager of Real Property to convey such Town
surplus property to Dovcom Realty Inc. at a nominal fee;
And
further that a by-law be enacted at the Council meeting on September 16, 2003,
authorizing the Mayor and Clerk to execute a Transfer/Deed of Land to Dovcom
Realty Inc. for the lands legally described as Part of Block 99, Plan 65M-3612,
designated as Part 3 on a draft Plan 65R-to be deposited, located southeast of
McCowan Road and Major Mackenzie Drive, Markham in a form satisfactory to the
Town Solicitor.
(By-law 2003-289)
(11) OTHER COMMITTEE PROCEEDINGS
- MINUTES OF FINANCE &
ADMINISTRATIVE
COMMITTEE MEETING – SEPTEMBER
8, 2003 (16.0)
CARRIED
5(d) REPORT NO. 56 - DEVELOPMENT SERVICES
COMMITTEE
Council consented to separate Clause (4).
Moved by Councillor G. McKelvey
Seconded by Councillor J. Virgilio
That Report No. 56 - Development Services
Committee be received and adopted.
September 9, 2003
(1) LONGO BROTHERS FRUIT
MARKET, 3085 HIGHWAY #7, EAST
APPLICATION GROUND SIGN VARIANCE (03-108598) (2.16.2) Weblink
That the
minutes of the Unionville Subcommittee meeting held June 5, 2003 with respect
to application for ground sign variance, submitted by Longo Brothers Fruit
Market, be received;
And that the
staff report dated June 3, 2003, regarding ground sign variance application #
03-108598 submitted by Longo Brothers Fruit Market at 3085 Highway #7 East, be
received;
And that the
ground sign variance application # 03-108598 submitted by Longo Brothers Fruit
Market at 3085 Highway #7 East, be denied.
(2) COMPLIANCE ENQUIRY AUTOMATION PILOT
PROJECT (10.0) Weblink
That
the report entitled “Compliance Enquiry Automation Pilot Project” be received
and endorsed.
(3) CONTRACT AWARD FOR RFP
116-R-03
HIGHWAY 7 CORRIDOR STUDY Weblink
(7.12.2, 5.10)
That the staff
report entitled “Contract Award for RFP 116-R-03 Highway 7 Corridor Study”,
dated September 9, 2003 be received;
And that
Metropolitan Knowledge International (MKI), the lead consultant, being the highest
ranked and the second lowest bidder, be awarded the contract in the proposed
amount of $80,123.74 inclusive of 7% GST ($77,128.46 inclusive of 3% GST);
And that
Metropolitan Knowledge International (MKI), in association with McCormack
Rankin Corp., Meridian Planning Consulting Ltd., The BA Consulting Group,
DuToit Allsop Hillier and E-Rail be approved as the consultant team for the RFP
116-R-03 Highway 7 Corridor Study;
And that funds
for RFP 116-R-03 titled Highway 7 Corridor Study be provided from Development
Services’ 2003 Capital Budget account #80-5399-5185-005 Highway 7 Corridor
Study;
And that the
remaining funds in the amount of $22,871.54 in Development Services’ 2003
Capital Budget account #80-5399-5185-005 Highway 7 Corridor Study be applied to
the preparation of supporting research, presentation and communication material
for the Highway 7 Corridor Study, as determined by the Commissioner of
Development Services;
And that staff report back on the progress of
the work program and the initial findings of the Highway 7 Corridor Study
including its relationship with the emerging York Region Centres and Corridors
Strategy and the York Rapid Transit Plan’s Class Environmental Assessment for
the Highway 7 Transitway.
CARRIED
(4) PARKLAND
STRATEGY FOR MARKHAM CENTRE (10.3) Weblink
Whereas the ‘Parkland Principles’ outlined in
the report entitled “‘Parkland Strategy for Markham Centre”, dated September 9th,
2003 recognize the unique nature and location of Markham Centre within the Town
as Markham’s high density, urban, mixed-use downtown core;
And whereas, public parkland in
the form of appropriately scaled parks, urban squares and plazas will be distributed
throughout the Markham Centre plan and be integrated with built form and
surrounding uses, where appropriate, and contribute to a wide range of public
activities and year round use;
And whereas, the park dedication standards, established in OPA 21 represent
a fundamental structuring element in the delivery of the Markham Centre vision
and plan;
And Whereas Development Services Committee on September 9, 2003
received a staff report entitled “Parkland Strategy for Markham Centre”, and
endorsed it subject to certain Parkland Principles.
Now therefore be it resolved that
the ‘Parkland Principles’ attached as Appendix A to the supplementary report
entitled “Parkland Strategy for Markham Centre”, dated September 16th, 2003, be
endorsed and incorporated as an Appendix to OPA 21, as amended.
CARRIED AS AMENDED
(See following motion
to amend)
Moved by Councillor G. McKelvey
Seconded by Councillor J. Heath
That Clause (4), Report No. 56 be amended to
delete the following:
“Therefore be it resolved that the ‘Parkland
Principles’ attached as Appendix A to the report entitled “Parkland Strategy
for Markham Centre”, dated September 9th, 2003, be endorsed as amended and
incorporated as an Appendix to OPA 21, as amended;
And that Appendix A be amended by rewording
Clauses 6 and 8 as follows:
6. The
majority of developed parkland in Markham Centre will be urban in nature and
developed to a higher standard of design and finish.
·
The Town's goal is to
achieve a higher order urban park standard that is delivered at a value up to a
maximum of 3 times the park development
standard, as it exists from time to time on a Town-wide basis (currently
$85,000 per acre).
8. Delete
the word "may" in the first sentence, and replace it with
"shall, where required by the Town";
And that the wording of Clause 8iii, relating
to the prevailing rate be finalized at Council
on September 16, 2003.”
And the following be added as paragraphs 4
and 5:
“And Whereas Development
Services Committee on September 9, 2003 received a staff report entitled
“‘Parkland Strategy for Markham Centre”, and endorsed it subject to certain
Parkland Principles;
Now therefore be it resolved that the
‘Parkland Principles’ attached as Appendix A to the supplementary report
entitled “Parkland Strategy for Markham Centre”, dated September 16th, 2003, be
endorsed and incorporated as an Appendix to OPA 21, as amended.”
CARRIED
(5) JEVLAN PROPERTIES
PARTNERSHIP, 560 DENISON STREET
ZONING BY-LAW AMENDMENT (ZA 03-114619) (10.5)
That the Record of the Public Meeting held on
September 9, 2003 with respect to the proposed amendment to By-law 108-81, as
amended, by Jevlan Properties Partnership to permit business corridor uses in
addition to industrial uses at 560 Denison Street (ZA 03-114619), be received;
And that the application by Jevlan Properties
Partnership to amend By-law 108-81, as amended, be approved;
And that the proposed amendments to By-law
108-81, as amended, be enacted without further notice.
(6) OTHER COMMITTEE PROCEEDINGS
- MINUTES OF DEVELOPMENT
SERVICES
COMMITTEE MEETING – SEPTEMBER
9, 2003 (16.0)
CARRIED
5(e) REPORT NO. 57 - COMMUNITY SERVICES &
ENVIRONMENT COMMITTEE
(1) COMMUNITY
SERVICES & ENVIRONMENT COMMITTEE
- SEPTEMBER 15, 2003
There are no
items to report from the meeting of the Community Services & Environment
Committee held on September 15, 2003.
6. MOTIONS
Council
consented to add Motions (1) & (2).
(1) DON
DEACON MEMORIAL TRIBUTE (12.2.6)
Moved by Deputy Mayor F. Scarpitti
Seconded by Regional Councillor B. O'Donnell
That sincere condolences be extended to the family of Don Deacon for
their loss in his recent passing. Mr.
Deacon was one of the founding members of the Markham Stouffville Hospital and
a highly respected and valued resident.
CARRIED
(2/3rd vote to consider was
required and obtained)
(2) 2003
ADVISORY COMMITTEES APPOINTMENTS
COMMITTEE OF ADJUSTMENT
(16.24)
Moved by Councillor E. Shapero
Seconded by Councillor J. Heath
That one advertisement be placed in the newspapers to obtain
applications from interested individuals for a Committee of Adjustment
Thornhill representative;
And that the matter of the selection of an appropriate candidate be
referred to Regional Councillor B. O'Donnell, Councillor E. Shapero, and
Councillor S. Daurio to conduct interviews with the two existing candidates and
any new applicants and provide a recommendation to Committee of the Whole on
September 30, 2003.
CARRIED AS AMENDED
(2/3rd vote to consider was
required and obtained)
(See following motion to amend)
Moved
by Councillor J. Virgilio
Seconded
by Councillor G. McKelvey
That
Motion (2) be amended to include the following paragraph:
"That one advertisement be placed in the
newspapers to obtain applications from interested individuals for a Committee
of Adjustment Thornhill representative."
CARRIED
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
214-2003 Markham Hydro
Distribution Inc. - Thanking Town of Markham staff for meeting the requests for
conservation during the unprecedented August 14, 2003 power blackout and for
the opportunity to participate in the Emergency Operation Centre (EOC) meetings
and, if required, in the future. (13.7)
215-2003 Royal Roads
University - Forwarding an invitation to visit the Kyoto Forum being held at www.rrupublicforum.ca from September
through November, 2003. (5.7)
Referred to all Members of
Council
216-2003 Proclamation
- Canada’s Citizenship Week - October 13 to 19, 2003. (3.4)
217-2003 Proclamation
- Rouge Park Week - September 29 to October 4, 2003. (3.4)
218-2003 Proclamation
- Waste Reduction Week - October 20 to 26, 2003. (3.4)
219-2003 The Society for
the Preservation of Historic Thornhill - Request to close the following streets
and for other requirements for the Thornhill Village Festival and Parade being
held on Saturday, September 20, 2003, as follows:
Road Closure
a) Between the hours of 9:00 a.m. and 4:30 p.m.:
- Church Lane from John Street
to beyond Colborne Street
- Colborne Street from Yonge
Street to Church Lane
- Eliza Street
- Thornhill Summit Drive
b) Between the hours of 8:00 a.m. and 9:30 a.m. - to create a one-way traffic
system for the stallholders' vehicles during set-up:
- Colborne Street and Eliza
Street and Church Lane
c) Between the hours of 11:30 a.m. and 2:00 p.m.:
- John Street from Yonge Street
to Henderson Avenue
- Confederation Way at John
Street
- Marie Court at John Street
- Paul Street at John Street
- Sumner Lane at John Street
- Leahill Drive at John Street
- Deanbank Drive at John Street
Other Requirements
a) Mobile food vendors not be permitted to do business (unless authorized by
the festival) on September 20, 2003 between the hours of 9:30 a.m. and 5:30
p.m. on the following streets:
- Church Lane from John Street
to beyond Colborne Street;
- Colborne Street from Yonge
Street to Church Lane;
- Eliza Street
- Yonge Street between John
Street and 200 metres north of Thornhill
Summit Drive;
- Thornhill Summit Drive
b) Parking prohibition on both sides of Thornhill Summit Drive from 8:00 a.m.
to 5:30 p.m. on September 20, 2003.
c) Parking to be permitted on various streets adjacent to the festival area
from 8:00 a.m. to 6:00 p.m. on September 20, 2003.
d) Closure signs and barricades at the following intersections:
- Church Lane at John Street
- Colborne Street at Yonge
Street
- Elgin Street at Yonge Street
- John Street and Yonge Street
- John Street at Marie Court
- Thornhill Summit Drive at
Yonge Street
- John Street at Henderson
Avenue and at Bayview Avenue indicating the
limited access to Yonge Street
e) Other signs at several locations in Thornhill to be permitted prior to the
festival date to alert local residents of the road closures and restrictions.
(3.5.3)
(By-law 2003-290)
220-2003 Rotary
Club of Markham Sunrise - Request to close the following streets to facilitate
the Markham Santa Claus Parade being held on Saturday, November 29, 2003
between the hours of 9:30 a.m. and 12:00 noon:
- Highway 48 from 16th Avenue to Highway 7
- McCowan Road from Highway 7 to Bullock Drive
- Highway 7 from Highway 48 to McCowan Road. (3.5.5)
(By-law 2003-291)
221-2003 Liquor Licence
Application - Request to complete the Alcohol and Gaming Commission Municipal
Information Form for G. Spot Lounge, 8360-8362 Kennedy Road, Unit B18, Markham
(indoor). (3.21)
222-2003 Liquor Licence
Application - Request to complete the Alcohol and Gaming Commission Municipal
Information Form for Crazy Sushi, 230 Commerce Valley Drive East, Unit 11,
Thornhill. (indoor). (3.21)
223-2003 Liquor Licence
Application - Request to complete the Alcohol and Gaming Commission Municipal
Information Form for Byoung Doll E Ne, 5 Glen Cameron Road, Unit 3B, Thornhill.
(indoor). (3.21)
Referred to Commissioner of Community &
Fire Services
224-2003 Carroll Blair - Forwarding
comments regarding the provision of clean and safe washroom facilities for
children using soccer fields in Markham. (6.0)
CARRIED
8. OTHER BUSINESS
Council
consented to withdraw Other Business Item (2).
(1) SURPLUS
PROPERTY AND CONVEYANCE
PART OF BLOCK 99, PLAN
65M-3612, DESIGNATED
AS PART 3 PLAN 65R TO BE
DEPOSITED - PART OF A
SWM BLOCK WISMER SECONDARY
PLAN - SOUTHEAST
SIDE MCCOWAN ROAD AND MAJOR
MACKENZIE DRIVE (8.5)
NOTICES OF PROPOSED SALE
TOWN OF MARKHAM
PROPOSED SALE OF SURPLUS REAL PROPERTY
(Pursuant to By-law 178-96)
Moved by
Councillor J. Virgilio
Seconded by
Regional Councillor B. O'Donnell
That notice of
the proposed disposition for the lands legally described as Part of Block 99,
Plan 65M-3612, designated as Part 3 on the reference plan (to be deposited), be
confirmed.
(Clause 10, Report No. 55, 2003)
(By-law 2003-289)
CARRIED
(2) DESIGNATION UNDER PART
IV OF THE ONTARIO HERITAGE ACT
7273 14TH AVENUE, 7277 14TH AVENUE,
7399 REESOR ROAD, 7401 REESOR ROAD,
7450 REESOR ROAD, 7551 REESOR ROAD,
7632 HIGHWAY #7, 9035 REESOR ROAD,
9529 REESOR ROAD, 9829 9TH LINE, 7877 HIGHWAY #7,
7867 HIGHWAY #7, 7861 HIGHWAY #7, 7218 REESOR ROAD,
8992 REESOR ROAD, 7914 14TH AVENUE, 7295 REESOR ROAD,
8847 REESOR ROAD, CEDARENA, THE WURTZ CEMETERY,
AND THE REESOR PIONEER CEMETERY (16.11.3)
That the
letters dated 3 July from Mr. Ron Dewall on behalf of Toronto and Region
Conservation, Mr. John Contestabile on behalf of Ontario Realty Corporation,
and Mr. Ron Christie on behalf of the Rouge Park Alliance submitting objections
to some or all of the above listed properties as properties of architectural
and/or historic interest or value under Part IV of the Ontario Heritage Act,
R.S.O. 1990 Chapter 0.18, be received and such matter be referred to the Review
Board for a hearing and report.
(Clause 3, Report No. 37, 2003)
WITHDRAWN
(See following motion to
withdraw)
Moved by Councillor J. Virgilio
Seconded by Regional Councillor B. O'Donnell
That Other Business Item (2) be withdrawn due to ongoing discussions.
CARRIED
9. BY-LAWS
Council
consented to add By-law 2003-296.
Moved by
Councillor A. Chiu
Seconded by
Regional Councillor T. Wong
That By-laws
2003-288 to 2003-296 be given three readings and enacted.
Three Readings
BY-LAW 2003-288 A by-law to delegate to the Treasurer and Chief Information
Officer authority to approve the execution of a three year Licensing,
Support/Maintenance and Development Agreements with the City of Mississauga,
City of Brampton and Town of Richmond Hill for Tax System TXM 2000.
(Clause 6, Report No. 55, 2003)
BY-LAW 2003-289 A by-law to authorize the Mayor and Clerk to execute a
Transfer/Deed of Land to Dovcom Realty Inc. for the lands legally described as
Part of Block 99, Plan 65M-3612, designated as Part 3 on the reference plan (to
be deposited.)
(Clause 10, Report No. 55, 2003)
BY-LAW 2003-290 A by-law to authorize the closing of various streets to
facilitate the Thornhill Village Festival being held on September 20, 2003
between the hours of 8:00 a.m. and 4:30 p.m.
(Communication No. 219-2003)
BY-LAW 2003-291 A by-law to authorize the closing of various streets to
facilitate the Santa Claus Parade being held on November 29, 2003 between the
hours of 9:30 a.m. and 12:00 noon.
(Communication No. 220-2003)
BY-LAW 2003-292 A by-law to authorize the execution of an Agreement of Purchase
and Sale between the Town and the Truth Tabernacle of Markham for land legally
described as Part of Block 43, Plan 65M-3425, designated as Parts 3, 4 and 5,
Plan 65R-26144, Markham.
(Clause 14, Report No. 51, 2003)
BY-LAW 2003-293 A by-law to amend Zoning By-law 177-96, as amended (Daniels Swan
Lake Corp., Part of Block 15, Plan 65M-3482, Part of Lot 17, Concession 8 - To
remove Holding Provision (H).)
BY-LAW 2003-294 A by-law to amend Zoning By-law 108-81, as amended (1237777
Ontario Ltd., 7500 Woodbine Avenue - To bring the zoning on the southern
portion of the property into conformity with the land use designation of the
Official Plan, consistent with the current Business Corridor (BC) zoning on the
north portion of the site.)
(Clause 4, Report No. 33, 2003)
BY-LAW 2003-295 A by-law to confirm the proceedings of the Council meeting of
September 16, 2003.
(Council
Meeting No. 18, 2003)
BY-LAW 2003-296 A by-law to amend By-law 2003-128, being a by-law to amend Urban
Expansion Area Zoning By-law 177-96, as amended (1107656 Ontario Ltd., Blocks 4
Registered Plan 65M-3575, Blocks 41, 42, 43, 50 Registered Plan 65M-3226 and
Block 45 Registered Plan 65M-3226 - To repeal Clause 1.3.)
CARRIED
10. ADJOURNMENT
Moved by
Councillor A. Chiu
Seconded by
Regional Councillor T. Wong
That the
meeting do adjourn.
CARRIED
Council
adjourned at 8:35 p.m.
___________________________________ ___________________________________
SHEILA
BIRRELL, TOWN CLERK DON
COUSENS, MAYOR
(Signed)