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                                                                                                                                    2005-06-14

COUNCIL MINUTES  Council Chamber, Civic Centre

Meeting No. 12

 

(Canada Room)

COMMITTEE OF THE WHOLE

 

ROLL CALL

Mayor D. Cousens, Deputy Mayor F. Scarpitti, Regional Councillor J. Heath, Regional Councillor J. Jones (6:30 p.m.), Regional Councillor B. O'Donnell, Councillor S. Daurio, Councillor E. Shapero, Councillor J. Virgilio, Councillor G. McKelvey, Councillor J. Webster, Councillor D. Horchik, Councillor K. Usman, Councillor A. Chiu. (13)

 

 

Moved by Councillor A. Chiu

Seconded by Councillor D. Horchik

 

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

 

(1)        150 Main Street, Unionville (2019311 Ontario Inc) - Applications for Official Plan & Zoning By-Law Amendments (10.3, 10.5)

(2)        Markham Stouffville Hospital Site Master Plan (6.0)

(3)        The Markham Energy Conservation Office (5.7)

(4)        Update on Water & Sewer Allocation from the Region of York (5.0)

(5)        Loblaw Properties Limited, 2938 Major Mackenzie Drive East, in the West Cathedral Community, Official Plan & Zoning By-Law Amendments to Permit a Large Format Retail Plaza (10.3, 10.5)

(6)        2005 Council/Committee Meetings August Schedule (16.23)

(7)        2005 Advisory Committee/Board Appointments (16.24)

(8)        Surplus Property & Land Transfer to Region of York, Part of Lots 10 And 11, Concession 4, Designated as Parts 8, 9, 12 & Part of Part 11 on Plan 65r-24140, South West Corner Highway 7 & Warden Avenue Markham (8.7)

(9)        Property Matter – Relocation of Joseph Marr House to Markham Heritage Estates Financial Capability & Lot Selection (8.5 & 16.11)

(10)      Tax System - TMX 2000 (7.3)

(11)      Land Expropriation of Castan Property Transfer (8.10)

 

CARRIED

 

 

The Regular Meeting of Council was held on June 14, 2005 at 7:05 p.m. in the Council Chamber, Civic Centre.  Mayor D. Cousens presided.

 


 

(Council Chambers)

COUNCIL

 

ROLL CALL

Mayor D. Cousens, Deputy Mayor F. Scarpitti (7:15 p.m.), Regional Councillor J. Heath, Regional Councillor J. Jones, Regional Councillor B. O'Donnell, Councillor S. Daurio, Councillor E. Shapero, Councillor J. Virgilio, Councillor G. McKelvey, Councillor J. Webster, Councillor D. Horchik, Councillor K. Usman (7:39 p.m.) (12)

 

 

Regrets

Councillor A. Chiu. (1)

 

 

STAFF

J. Livey, Chief Administrative Officer

J. Baird, Commissioner of Development Services

C. Conrad, Town Solicitor

B. Cribbett, Treasurer

J. Sales, Commissioner of Community & Fire Services

A. Taylor, Commissioner of Corporate Services

P. Miller, Manager, Secretariat Services

B. Nanninga, Executive Assistant

S. Mintz, Deputy Fire Chief

A. Brown, Director of Engineering

V. Shuttleworth, Director of Planning and Urban Design

J. Kee, Committee Clerk

 

 

1.         DISCLOSURE OF PECUNIARY INTEREST

 

Councillor J. Virgilio disclosed an interest with respect to Clause (3), Report No, 21 and By-law 2005-170, the proposed development by Rodeo Fine Homes, by nature of representing the owner, 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

 

Moved by Councillor K. Usman

Seconded by Councillor E. Shapero

 

That Council rise from the Committee of the Whole and the Chairman report.

 

CARRIED


 

Mayor D. Cousens reported the following motions passed at the Committee of the Whole meeting:

 

 

Council consented to separate Committee of the Whole Item Number (1).

 

 

(1)        150 MAIN STREET, UNIONVILLE (2019311 ONTARIO INC)
APPLICATIONS FOR OFFICIAL PLAN AND ZONING
BY-LAW AMENDMENTS
(OP 04 028702, ZA 04 027514) (10.3, 10.5)  
Report   1

 

That the report dated May 17, 2005 entitled “150 Main Street, Unionville (2019311 Ontario Inc.) Applications for Official Plan and Zoning By-law Amendments, OP 04 028702 and ZA 04 027514”, be received;

 

And that the minutes of the public meeting held March 1, 2005 regarding the above-noted applications be received;

 

And that the letter dated June 8, 2005 from Unionville Village Investments Inc., 139 Main Street, Suite 206, Unionville, in objection to the applications for Official Plan and Zoning By-law Amendments submitted by 2019311 Ontario Inc. for 150 Main Street, Unionville, be received;

 

And that the letter dated June 13, 2005 from Monopoly Commercial Realty Inc. on behalf of the owner of 150 Main Street, Unionville, requesting the Town to approve the required zoning to permit Retail Use on the upper level of 150 Main Street ("At-Grade" level) and Restaurant Use on the lower floor ("Below-Grade" level) and that the petition signed by twelve Main Street Unionville merchants in support of this proposal, be received;

 

And that the applications by 2019311 Ontario Inc. for Official Plan and Zoning By-law Amendments be approved in part as follows:

 

         -     restaurant use to be permitted below grade

         -     retail use to be required above grade

         -     restaurant use to be restricted to not permit fast food or take out or pub style/tavern

         -     any redution in parking requirement to include provision for payment of cash in lieu of parking

         -     provision for a driveway connection/easement for future integration with parking lot to the north;

 

And that staff report to the Development Services Committee meeting on June 21, 2005.

 

CARRIED

(See following recorded vote) (6:5)

(See following motion to defer which was Lost)

 


 

YEAS:             Mayor D. Cousens, Deputy Mayor F. Scarpitti, Regional Councillor J. Jones, Regional Councillor B. O'Donnell, Councillor S. Daurio, Councillor G. McKelvey. (6)

 

NAYS:             Regional Councillor J. Heath, Councillor E. Shapero, Councillor J. Virgilio, Councillor J. Webster, Councillor D. Horchik. (5)

 

ABSENT:        Councillor K. Usman, Councillor A. Chiu. (2)

 

 

          Moved by Councillor J. Virgilio

          Seconded by Councillor E. Shapero

 

          That consideration of Committee of the Whole Item Number (1) be deferred and referred to the June 21, 2005 Development Services Committee meeting.

 

LOST

 

 

(2)        MARKHAM STOUFFVILLE HOSPITAL
            SITE MASTER PLAN (6.0)    
Report 

 

That the report entitled "Markham Stouffville Hospital Site Master Plan", be received;

 

And that Council endorse the concept of the Markham Stouffville Hospital and the Town of Markham developing an integrated facility incorporating the Town's Future Central East Community Centre complex with the hospital's Health and Wellness facility;

 

And that staff be authorized to participate and report to Council on the results of the public information open house scheduled for June 29, 2005, to present the emerging land use concept for Cornell Centre and an overview of the Markham Stouffville Hospital Master Plan concept;

 

And that staff bring forward the "Principles of an Understanding between the Markham Stouffville Hospital and the Town of Markham" as the basis for entering into a land, design, construction and operating arrangement with the Markham Stouffville Hospital in the fall of 2005.

 

 

(3)        THE MARKHAM ENERGY CONSERVATION OFFICE (5.7)
           
Report    1    2   a

 

That the staff report entitled "The Markham Energy Conservation Office", dated June 14, 2005, be received;


 

And that the Markham Energy Conservation Office allocate $1,000,000 over three years, $500,000 in 2005, $250,000 in 2006 and $250,000 in 2007, in conservation demand management funding from PowerStream toward the objectives, programs and staffing outlined in Appendix B;

And that the Canadian Urban Institute be funded to an upset limit of $65,000 from the conservation demand management funding from June 2005 through March 2006 to implement and lead the start up of the Markham Energy Conservation Office;

 

And that approval be given to hire a Manager of the Markham Energy Conservation Office and one administrative support staff person on a annual contract for up to three years to oversee the conservation demand management program;

 

And further that the Town provide up front funding for the contract positions at a cost of $127,100 annually to oversee the conservation demand management program to be repaid from future energy cost savings.

 

CARRIED

 

 

Moved by Councillor G. McKelvey

Seconded by Councillor J. Virgilio

 

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

 

CARRIED

 

 

 

3.         MINUTES

 

(1)        COUNCIL MINUTES
            MAY 24, 2005

 

Moved by Councillor G. McKelvey

Seconded by Councillor J. Virgilio

 

That the Minutes of the Council Meeting held on May 24, 2005, be adopted.

 

CARRIED

 

 

 

4.         PRESENTATIONS

 

(1)        WELCOME WAGON ORGANIZATION (12.2.6 & 3.4)

 

Council congratulated the Welcome Wagon Organization which is celebrating its 75th Anniversary of bringing information and greetings to new residents.  June 20 to 26, 2005 has been proclaimed "Welcome Wagon Week" in the Town of Markham.


 

The following Representatives of the Organization were in attendance:

- Marlene Huggins

- Anita Keyes

- Barbara Marchant

- Jennifer Wheeler

 

 

(2)        2005 MAYOR'S SENIORS’
            HALL OF FAME AWARDS (12.2.6)

 

Council presented the 2005 Mayor's Seniors' Hall of Fame Awards.  The Seniors’ Hall of Fame Award is presented to a nominee over 60 years of age who has made a unique and outstanding contribution to the Markham Community.  The Meritorious Award and Certificate of Appreciation are awarded to nominees for their unique or outstanding achievements.

 

The winners are:

 

            Mayor's Seniors' Hall of Fame Award Winner:

            - Dennis "Red" Carlsen

 

            Meritorious Award Winners:

            - Betty Hoover

            - Ramesh Patel

 

            Hall of Fame Certificate of Appreciation Winners:

            - Gokul Khatri

            - George Mann

 

 

(3)        ESSENTIAL COMMUNITY MANAGEMENT PROGRAMS (12.2.6)

 

Mr. Stephen Elliot, Community Officer, Emergency Management Ontario, presented a letter of achievement signed by the Minister of Community Safety and Correctional Services and the Ontario Commissioner of Emergency Management to acknowledge the Town of Markham as successfully implementing the Essential Community Emergency Management Programs.

 

Mayor Cousens, on behalf of Council, thanked and congratulated Shayne Mintz, Deputy Fire Chief, for a job well done in implementing the Essential Community Emergency Management Programs.

 

 

(4)        INTERNATIONAL TOWN CRIER (12.2.6)

 

Council recognized Councillor John Webster for his recent win as the International Town Crier.


 

5.         DELEGATIONS

 

(1)        Dr. Ken Ng was in attendance with respect to the Grants and Sponsorships Guidelines in relation to the Taste of Asia funding.
(Clause 2, Report No. 20) (7.6)

 

 

(2)        Ms. Judi McIntyre was in attendance with respect to the Grants and Sponsorships Guidelines in relation to the Markham Arts Council funding.
(Clause 2, Report No. 20) (7.6)

 

 

Moved by Deputy Mayor F. Scarpitti

Seconded by Councillor K. Usman

 

That Council recess into Committee of the Whole.

 

CARRIED

 

 

 

2.         REPORT OF THE COMMITTEE OF THE WHOLE - cont'd

 

Moved by Councillor K. Usman

Seconded by Councillor K. Horchik

 

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:

 

(4)        UPDATE ON WATER AND SEWER
            ALLOCATION FROM THE REGION OF YORK (5.0)

 

That the presentation by the Director of Engineering and Director, Planning and Urban Design providing an update on water and sewer allocation from the Region of York, be received;

 

And that the distribution of servicing allocation as per the Region of York June 15, 2005 report be endorsed;

 

And that the Region of York be requested to work with area municipalities and UDI to review further allocation opportunities including future distribution of reserves, allocation from the re-rating of the Duffin Creek Plant, etc.;


 

And that the Region be requested to finalize, in consultation with area municipalities, policies related to servicing allocation;

 

And that the Region be requested to fast track the EA, design and construction of the Southeast collector and the Duffin Creek treatment plant;

 

And that Markham again begin to approve severances of 3 new lots, or less.

 

 

(5)        LOBLAW PROPERTIES LIMITED
            2938 MAJOR MACKENZIE DRIVE EAST, IN THE WEST
            CATHEDRAL COMMUNITY, OFFICIAL PLAN AND ZONING
            BY-LAW AMENDMENTS TO PERMIT A LARGE  FORMAT
            RETAIL PLAZA (OP 04 010924, ZA 04 010910)
(10.3, 10.5) 
Report    Minutes

 

That the deputation by Steve Zakem, Aird and Berlis, on behalf of the applicant to provide additional information regarding the Official Plan and Zoning By-law Amendments submitted by Loblaw Properties Limited to permit a large format retail plaza at 2938 Major Mackenzie Drive East, be received;

 

And that the application submitted by Loblaw Properties Limited for Official Plan and Zoning By-law Amendments to permit a large format retail plaza at 2938 Major Mackenzie Drive East, in the West Cathedral Community, be denied.

 

 

(6)        2005 COUNCIL/COMMITTEE MEETINGS
            AUGUST SCHEDULE (16.23)

 

That the information provided by Regional Councillor J. Heath regarding the August, 2005 schedule of standing committee meetings, be received;

 

And that the General Committee meeting scheduled on August 22, 2005 be rescheduled to August 29, 2005 at 9:30 am;

 

And that the Development Services Committee meeting scheduled on August 23, 2005 be rescheduled to August 30, 2005 at 11:00 am;

 

And that the Council meeting scheduled on August 30, 2005 be rescheduled to September 1, 2005 at 5:00 pm for Committee of the Whole and 7:00 pm for Council;

 

And that only committee items requiring Council approval be forwarded to Council on September 1, 2005 with the minutes of the August 29 and 30, 2005 committee meetings being submitted to Council on September 13, 2005.


 

(7)        2005 ADVISORY COMMITTEE/BOARD APPOINTMENTS (16.24)

 

Markham Accessibility Committee

That the resignation of Ms. Marty Shultz from the Markham Accessibility Committee be received with regret and a letter of appreciation be forwarded;

 

And that an advertisement be placed in the local newspapers requesting appropriate applications;

 

Markham Public Library Board

That the resignation of Ms. Salma Rawof from the Markham Public Library Board be received with regret and a letter of appreciation be forwarded.

 

Moved by Councillor G. McKelvey

Seconded by Councillor J. Virgilio

 

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

 

CARRIED

 

 

 

6.         PETITIONS

 

(1)        TRAFFIC FLOW FROM ROYAL ORCHARD BOULEVARD TO
            BAYVIEW AVENUE SOUTH AND GREEN LANE (5.12)

 

Moved by Councillor S. Daurio

Seconded by Councillor K. Usman

 

Petition signed by the owners and/or residents of Landmark I, Landmark II and Landmark III located at 7805, 7825 and 7905 Bayview Avenue regarding the traffic flow from Royal Orchard Boulevard to Bayview Avenue South and Green Lane as follows:

 

            "We, the Owners and/or Residents of Landmark I, Landmark II and Landmark III located at 7805, 7825 and 7905 Bayview Avenue and which together comprise 946 residences hereby request the Town of Markham to take the necessary measures in conjunction with York Region Transportation Committee to ensure optimum traffic flow from Royal Orchard Boulevard to Bayview Avenue South and Green Lane in order to eliminate the need for unauthorized persons accessing Landmark's private property to minimise their travel times.  Minor measures taken by the Town and York region have failed to stop unauthorized persons from entering Landmark property.  Furthermore, expansion of the Thornhill Community Centre will contribute to additional unauthorized traffic on Landmark property unless remedial measures are implemented by York Region and Town of Markham within the next three months."

 

RECEIVED AND REFERRED TO

COMMISSIONER OF DEVELOPMENT SERVICES


 

7(a)      REPORT NO. 20 - GENERAL COMMITTEE

 

Council consented to separate Clauses (2), (7), (8), (17 item #18).

 

Moved by Councillor K. Usman

Seconded by Councillor E. Shapero

 

That Report No. 20 - General Committee be received and adopted.

 

May 30, 2005

 

(1)        GRANT REQUEST – ARYA SAMAJ SENIOR CITIZENS’
CLUB (7.6)    
Report

 

That Council approve the request for financial support from Arya Samaj Senior Citizens’ Club in the amount of $1,000 to support their event to be held on June 12, 2005.

 

 

(2)        GRANTS AND SPONSORSHIP GUIDELINES (7.6)   Report   1

 

That the report dated May 30, 2005 entitled Grants & Sponsorships Guidelines be received;

 

And that the Grants & Sponsorships Guidelines be approved and referred to the first Council meeting in June with appropriate notice being given to the public;

 

And that all funding requests that do not fall into the Celebrate Markham and Table Sponsorships categories be grouped into a generic “Council Promotion” category with an upset limit of $1,000 per request, unless otherwise approved by Council;

 

And that an additional $2,500 in sponsorship funding be approved for the Taste of Asia in 2005.

 

CARRIED AS AMENDED

(See following motion to amend)

 

            Moved by Deputy Mayor F. Scarpitti

            Seconded by Councillor J. Virgilio

 

            That Clause (2), Report No. 20 be amended to add the following paragraph:

 

            "And that an additional $2,500 in sponsorship funding be approved for the Taste of Asia in 2005."

 

CARRIED


 

(3)        2005 CELEBRATE MARKHAM GRANTS (7.6)   Report   1

 

That the report dated May 30, 2005 entitled 2005 Celebrate Markham Grants be received;

 

And that the Grants Sub-Committee’s proposed allocation of Celebrate Markham grants as shown on Appendix A be approved conditional upon the receipt of documentation supporting their compliance with the grants and sponsorship guidelines;

 

And that the Doors Open Markham Committee receive funding in the amount of $7,500 to support of their event.

 

 

(4)        ADULT SCHOOL CROSSING GUARD PROGRAM
            2005 TO 2008 TENDER AWARD - 077-T-05 (7.12)   Report

 

That the report entitled Tender Award #077-T-05 Adult School Crossing Guard Program be received;

 

And that the contract for tender #077-T-05 Adult School Crossing Guard Program be awarded to the sole bidder, “Staffing Services Inc.” in the estimated annual amount of $510,195.84 per annum (based on $12.18 per 30-minute shift, 224 shifts per day, and 187 school days) for a term of 3 years totalling approximately $1,530,587.52 exclusive of GST;

 

And that the actual annual monetary amount will be based on a per unit basis (30-minute shift);

 

And that the project be funded through Engineering Department’s 2005 Operating Budget Account # 640 998 5642 and subsequent operating budgets.

 

 

(5)        MEMORANDUM OF UNDERSTANDING FOR THE
            DEVELOPMENT OF ONEYORK (7.13)   Report

 

That the report dated May 30, 2005, entitled Memorandum of Understanding for the Development of OneYork be received;

 

And that the Mayor and Council authorize staff on behalf of the Town of Markham to enter into a Memorandum of Understanding setting out the terms governing the activities and co-operation of participants in the development of OneYork;

 

And that the CAO or designate be appointed to the Steering Committee.

 


 

(6)        WARD BOUNDARIES (9.2 & 14.0)  Report   A

 

That a by-law be enacted to adopt new ward boundaries to be effective for the 2006 municipal election, as outlined on Schedule A (attached to original Council minutes in the Clerk’s office)

(By-law 2005-157)

 

 

(7)        ANIMAL CARE & LICENCING BY-LAW (2.8)    Report

 

That a new by-law to regulate animal care & licencing be enacted;

 

And that the clause “Persons will be allowed a maximum total of four pets with no limit on type (may have four dogs)” be changed to “Persons will be allowed a maximum of four (4) animals but a limit of two (2) dogs only;

 

And that By-law 2001-23, A By-law to regulate the keeping of animals in the Town of Markham including provision for animal identification, be repealed;

 

And that By-law 182-86, A By-law to prohibit the keeping of certain classes of animals and to regulate the keeping of certain other classes of animals in the Town of Markham, be repealed;

 

And that the Town recommend to the Province that a set fine in the amount of $100.00 be imposed for all offences;

 

And that By-law 2002-276, A By-law to impose fees or charges for services or activities provided or done by the Town of Markham be amended to include fees for licencing of animals.

 

CARRIED AS AMENDED

(See following motion to amend)

(See following motion which was Lost)

 

            Moved by Councillor E. Shapero

            Seconded by Councillor J. Webster

 

            That Clause (7), Report No. 20 be amended to add the following as paragraph 5:

 

            "And that the Town recommend to the Province that a set fine in the amount of $100.00 be imposed for all offences;"

 

CARRIED


 

            Moved by Councillor J. Virgilio

            Seconded by Regional Councillor J. Jones

 

            That Clause (7), Report No. 20, paragraph 2 be amended to delete the words "…limit of two (2) dogs only…" and replace with the words "… limit of three (3) dogs only …".

 

LOST

 

 

(8)        BY-LAW TO PRESCRIBE STANDARDS
            FOR MAINTENANCE OF TALL GRASS AND WEEDS
            ON PRIVATE LANDS (2.20)     Report

 

That Council adopt a by-law to prescribe standards for maintenance of tall grass and weeds on private lands;

 

And that enforcement of the by-law, including the coordination of Town-initiated cutting of tall grass and weeds be undertaken by the By-Law Enforcement & Licensing Division.

(By-law 2005-158)

 

CARRIED

(See following recorded vote) (11:1)

(See following motion to defer which was Lost)

 

 

YEAS:             Mayor D. Cousens, Deputy Mayor F. Scarpitti, Regional Councillor J. Heath, Regional Councillor J. Jones, Regional Councillor B. O'Donnell, Councillor S. Daurio, Councillor J. Virgilio, Councillor G. McKelvey, Councillor J. Webster, Councillor D. Horchik, Councillor K. Usman. (11)

 

NAYS:             Councillor E. Shapero. (1)

 

ABSENT:        Councillor A. Chiu. (1)

 

 

            Moved by Councillor E. Shapero

            Seconded by Councillor J. Virgilio

 

            That consideration of Clause (8), Report No. 20 be deferred.

 

LOST


 

(9)        RELEASE AND ABANDONMENT OF PERMANENT WATERMAIN
            EASEMENT – PART OF LOT 67 AND BLOCK 82, PLAN 65M-3343
            AND PART OF LOTS 29, 90 AND PART OF BLOCKS 113 & 114,
            PLAN 65M-3582 TO MONARCH CONSTRUCTION (8.1)
   Report

 

That a By-law be enacted authorizing the Mayor and Clerk to execute the necessary release and abandonment of the watermain easement registered on title to the lands described hererin, in a form satisfactory to the Town Solicitor.

(By-law 2005-159)

 

 

(10)      COMMUNITY SPORT COUNCIL REPORT AND
            PRESENTATION (6.4)   Report   Presentation

 

That the report titled Community Sport Council be received and approved;

 

And that the Community Sport Council’s goals, objectives and by-laws be received and approved;

 

And that approval is granted to hire a part-time staff member at 24 hours per week and related financial costs for a one-year trial period starting September 1, 2005 to further establish the Markham Sport Council;

 

And that the funding in the amount of $16,344.96 in 2005 be off set from salary gapping dollars in the 2005 Armadale Community Centre budget be approved;

 

And that pre-approval of funding be authorized to increase the 2006 operating budget in the amount of $32,689.92 to support the project which will be included in the 2006 Business Unit Profile.

 

 

(11)      2005-2006 ICE ALLOCATION REPORT (6.1)   Report   1    2   3   4 

 

That the report entitled 2005-2006 Ice Allocation Report be received;

 

And that Council approve the Ice Allocation schedule (Appendix A) for the 2005-2006 ice season;

 

And further that Council receive the Special Events List (Appendix B) for the 2005-2006 ice season.


 

(12)      USE OF TORONTO FIRE SERVICES TRAINING
            FACILITIES (3.0) 
Report

 

That Council authorize the Mayor and Clerk to sign a Permission, Release, Covenant and Indemnification to the City of Toronto and the Toronto Fire Services respecting the use of Toronto Fire Services training facilities for training exercises by Town of Markham recruit firefighters, in a form satisfactory to the Town Solicitor.

 

 

(13)      SENIOR CENTRES FACILITY OPERATING
            AGREEMENT (6.0)  
Report   1   a    2  a   b    3

 

That the Mayor and Clerk be authorized to execute a Facility Operating Agreement between the Older Adults in Action (O.A.I.A.) and the Town of Markham, and any other documents required to give effect thereto, respecting the Senior Centre at 22 Water Street be approved in a form satisfactory to the Town Solicitor for the period January 1, 2005 to December 31, 2009;

 

And that the Mayor and Clerk be authorized to execute a Facility Operating Agreement between the Thornhill Seniors Club and the Town of Markham, and any other documents required to give effect thereto, respecting the Senior Centre at 7755 Bayview Avenue, be approved in a form satisfactory to the Town Solicitor for the period January 1, 2005 to December 31, 2009.

 

 

(14)      GREEN FLEET TRANSITION PLAN UPDATE REPORT (5.0)    Report

 

That the staff report entitled Green Fleet Transition Plan Update Report, dated May 2nd, 2005, be received;

 

And that Fleet Services provide annual ‘Technology Testing Reports’, to be posted on the Town’s Website, to measure emission reductions to equivalent Carbon Dioxide (eCO2) through the implementation of the Green Fleet Transition Plan;

 

 

And that in the fall of each year starting in 2005, Fleet Services staff provide annual fleet replacement programs, including opportunities to implement green fleet management practices, to the Budget Review Committee as part of the Operations and Asset Management Capital Budget submission.

 

 

(15)      AMENDMENT TO BY-LAW 32-95 TO EXPAND
            3-STREAM TOWN WIDE (5.1, 5.7)  
Report   By-law

 

That the report entitled Amendments to Waste Management By-Law 32-95 be approved;

 

And that the amendments to Waste Management By-Law 32-95, as proposed, be enacted.

(By-law 2005-160)


 

(16)      SKATEBOARD PARK BOOKINGS AND RENTAL
            FEES (6.4) 
Report   1

 

That the policy and procedures outlined in this report be adopted for permitting the Markham Centennial Skate Park;

 

And that the permitting of the Markham Centennial Skate Park be limited to a maximum 5 days a year from May through September;

 

And that the commercial permit fee be established at $345.00;

 

And that the resident/ not-for-profit permit fee be established at $240.00;

 

And that Schedule A of By-law 2002-276, A By-law to Impose Fees or Charges for Services or Activities Provided or Done by the Town of Markham, be amended accordingly;

 

And that the park be called the ‘Markham Centennial Skate Park’ from this point forward.

(By-law 2005-161)

 

 

(17)      OTHER COMMITTEE PROCEEDINGS
            - MINUTES OF GENERAL COMMITTEE MEETING
             -
MAY 30, 2005 (16.0)

 

That the General Committee minutes dated May 30, 2005 be received.

 

CARRIED


 

7(b)      REPORT NO. 21 - DEVELOPMENT SERVICES COMMITTEE

 

Council consented to separate Clauses (3) and (5).

 

Moved by Councillor G. McKelvey

Seconded by Councillor K. Usman

 

That Report No. 21 - Development Services Committee be received and adopted.

 

June 7, 2005

 

(1)        ASSUMPTION OF PLANS OF SUBDIVISION (10.7)

 

Whereas by Memorandum dated May 26, 2005 the Director of Engineering advised that the guarantee periods for Registered Plans 65M-2919, 65M-2147, 65M-2457, 65M-2926, 65M-2927, 65M-3092, 65M-3149, 65M-2668, 65M-2512, 65M-2513, 65M-3180, 65M-3190, 65M-3242, 65M-3330, 65M-3191, 65M-3156 and 65R-7490, have expired and all securities have been returned to the owners;

 

Now therefore be it resolved:

That the services in the following subdivisions be assumed:

T.S.L. Investments Ltd.                                                            65M-2919

Bramalea Limited                                                                      65M-2147

621538 Ontario Inc.                                                                 65M-2457

Monarch Construction Limited                                      65M-2926 and

                                                                                                65M-2927

Cedarland Properties Limited                                                    65M-3092

Cedarland Properties Limited                                                    65M-3149

Stringbridge Investments Limited                                               65M-2668

Buttonwood Estates Limited                                                     65M-2512 and

                                                                                                65M-2513

Daniels Rouge Corporation                                                       65M-3180 and

                                                                                                65M-3190

Mattamy (Sixteenth) Limited                                                     65M-3242

Baystore Developments Inc.                                                     65M-3330

Cedar-Erin Developments Inc.                                      65M-3191

Raymerville Developers Limited                                                65M-3156

387004 Ontario Limited and

Allstate Insurance Company of Canada                                     65R-7490 (Tiverton Court – Part 7);


 

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

 

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

(By-laws 2005-162 to 2005-169)

 

 

(2)        VARIANCE TO THE FENCE BY-LAW 277-97
            625 COCHRANE DRIVE (2.19)     Report

 

That the report entitled “Variance to the Fence By-Law 277-97 at 625 Cochrane Drive” to Development Services Committee, dated June 7, 2005 be received;

 

And that the request to grant relief from the provisions of the Fence By-Law 277-97 to permit a 1.8m high decorative metal screen fence in the front yard of a commercial office building (to screen a proposed backup generator unit) at 625 Cochrane Drive, whereas the by-law permits a maximum 1.2m high fence in the front yard, be approved.

 

 

(3)        RODEO FINE HOMES, 378 JOHN STREET, THORNHILL
            ZONING BY-LAW AMENDMENT TO PERMIT THE
            CONSTRUCTION OF 3 NEW SINGLE DETACHED DWELLINGS
            (ZA 04 024598) (10.5)      Report

 

That the staff report entitled “Recommendation Report:  Rodeo Fine Homes – Application for Zoning By-law Amendment to permit the construction of 3 new single detached dwellings at 378 John Street, Thornhill (ZA 04 024598)” be received;

 

And that the zoning by-law amendment application (ZA 04 0245598) to amend By-law 151-75 as amended, submitted by Rodeo Fine Homes to change the zone category to R8 with a hold and amend development standards to permit the creation of three lots on the subject lands municipally known as 378 John Street, be approved and the draft Zoning By-law be finalized and enacted.

(By-law 2005-170)

 

CARRIED

(Councillor J. Virgilio abstained)


 

(4)        IBRANS DEVELOPMENT LTD., 7033 14TH AVENUE
            BOX GROVE PLANNING DISTRICT (19TM-04001)
            PLAN OF SUBDIVISION AND IMPLEMENTING ZONING BY-LAW
            AMENDMENTS (SU 04 009413, ZA 04 009405) (10.5, 10.7)
     Report

 

That the amended draft resolution dated June 7, 2005, be received;

 

That the staff report entitled “Ibrans Development Ltd. (19TM-04001), 7033 14th Avenue, Proposed plan of subdivision and implementing zoning by-law amendments, Box Grove Planning District” dated June 7, 2005, be received;

 

And that the record of the Public Meeting held on June 28, 2004 with respect to the applications by Ibrans Development Ltd. For draft plan of subdivision (19TM-04001) and implementing zoning by-law be received;

 

And that Ibrans Development Ltd. Be granted a servicing allocation of 34 units, such allocation to be from the total allocation available for the Box Grove Secondary Plan area, contingent on York Region confirming its acceptance of Markham’s proposed flow control option, as discussed in the February 15, 2005 report on Servicing allocation from the Director of Engineering and the Director of Planning and Urban Design;

 

And that draft plan of subdivision 19TM-04001 (SU.04-009413) located south of 14th Avenue, east of 9th Line, proposed by Ibrans Development Ltd., be draft approved subject to the conditions outlined in Appendix ‘A’ to the staff report;

 

And that zoning application (ZA.04-009405) to amend By-law 304-87, and By-law 177-96, submitted by Ibrans Development Ltd., be approved and the implementing Zoning By-law be finalized and enacted;

 

And that the Town reserve the right to revoke or reallocate water and sewage allocation at its sole discretion;

 

And that the Region of York be advised of the servicing allocation for this development;

 

And that Ibrans Development Ltd. provide the Town with the required subdivision processing fees in accordance with the Town’s Fee By-law (By-law 170-2000).

 

 

(5)        MILLIKEN MAIN STREET STUDY
            OFFICIAL PLAN AND ZONING BY-LAW AMENDMENTS
            (OP 04 009433, ZA 04 009448) (10.3, 10.5)     Report

 

That correspondence from Peter Chee of Mi-Ko Urban Consulting Inc., representing Tang’s Automotive Centre Ltd., and Sonny Hakkim, with concerns for the proposed Official Plan and Zoning By-law amendments for the Milliken Main Street Study, be received;


 

And that the deputations by Peter Chee of Mi-Ko Urban Consulting Inc., representing Tang’s Automotive Centre Ltd., Ben Quan, representing a property owner, and Sonny Hakkim, with concerns for the proposed Official Plan and Zoning By-law amendments for the Milliken Main Street Study, be received;

 

And that the report entitled “Milliken Main Street Study: Official Plan and Zoning By-law Amendments (OP 04 009433, ZA 04 009448)”, dated June 7, 2005, be received;

 

And that the Official Plan Amendment, incorporating a Secondary Plan for the Milliken Main Street Area within the Risebrough Planning District, be approved and adopted;

 

And that the Region of York be requested to approve the Official Plan Amendment incorporating a Secondary Plan for the Milliken Main Street Area in the Risebrough Planning District;

 

And that the draft implementing zoning by-laws be finalized and enacted;

 

And that the recommendations of the Safety Audit of the Old Kennedy Road/Denison Street intersection be implemented and the existing configuration of the Old Kennedy Road/Denison Street intersection be endorsed;

 

And that the draft by-law to designate the Milliken Main Street Secondary Plan area as a Community Improvement Project Area, be finalized and enacted; and

 

And that a Public Meeting be held to consider the draft Milliken Main Street Area-Specific Development Charges By-law, once a draft by-law has been prepared to the satisfaction of the Commissioner of Development Services.

 

CARRIED

 

 

(6)        MARKHAM SUITES HOTEL LTD. (HILTON SUITES HOTEL)
            8500 WARDEN AVENUE, MARKHAM CENTRE
            ZONING BY-LAW AMENDMENT, PARKING BY-LAW
            TO PERMIT PAID PARKING ON HOTEL PROPERTY (ZA 05 005737) (10.0)  Report

 

That the recommendation report on the application submitted by Markham Suites Hotel Ltd. (Hilton Suites Hotel) at the southwest corner of Highway #7 and Warden Avenue to permit paid parking be received;

 

And that the by-law to amend Zoning By-law No. 28-97 (Parking By-law) to permit the introduction of paid parking in conjunction with the hotel operations at 8500 Warden Avenue be enacted;

 

And further that the Town Clerk bring forward to Council a separate by-law to deal with identification of Hilton Suites Hotel staff as Provincial Offences Officers for the purpose of the issuance of Town Parking Tickets.


 

And that staff monitor the paid parking program and report to the Development Services Committee in two years.

(By-laws 2005-171 and 2005-172)

 

 

(7)        WOODBINE AVENUE BY-PASS
            VILLAGE OF VICTORIA SQUARE (5.10)

 

Whereas the completion of the Woodbine By-pass will reduce the volume of traffic through the Hamlet of Victoria Square;

 

And whereas the Woodbine By-pass will enable employment lands to proceed in the Cathedral Secondary Plan;

 

And whereas the Town of Markham has requested the Cathedral Developers Group to advance the schedule for its construction to 2007/2009 from the Region’s current schedule of 2011/2012;

 

And whereas the Cathedral Developers Group are prepared to advance Stage 1 and 2 of the Woodbine By-pass to 2007/2009;

 

And whereas on March 8, 2005 Markham Council approved the principles of an agreement between the Region of York, the Cathedral Developers Group and the Town of Markham to advance the construction of the Woodbine By-pass;

 

And whereas the Cathedral Developers Group has advised that the Region of York’s financial conditions preclude them from advancing the construction schedule;

 

And whereas in 2004 Markham Council requested the Region of York to defer various capital projects;

 

Now therefore be it resolved that the Region of York be requested to undertake the following:

 

            1.         Establish a mutually agreeable front ending agreement with the Cathedral Developers Group to ensure that the completion of Stages 1 and 2 of the Woodbine By-pass can be advanced to 2007/2009, and

 

            2.         To advance completion of Stage 3 of the Woodbine By-pass to 2009 by utilizing unexpended or reallocated budget funds.

 

 

(8)        YORK REGION CONDOMINIUM CORPORATION NO. 279
            31 PORTERFIELD CRESCENT, THORNHILL SECONDARY PLAN AREA,
            OFFICIAL PLAN AND ZONING BY-LAW AMENDMENTS
            (OP 05 006539 ZA 05 006552) (10.3, 10.5)  

 

That the report from the Development Services Commission dated March 1, 2005, entitled “Official Plan and Zoning By-law Amendments to permit a condominium management office at 31 Porterfield Crescent, Thornhill Secondary Plan Area” be received;


 

And that the Record of the Public Meeting held on June 7, 2005, with respect to the proposed amendment to the Town of Markham’s Official Plan and Zoning By-law 1767, as amended, be received;

 

That the application by York Region Condominium Corporation No. 279 to amend the Town By-law 1767, as amended, be approved;

 

And that the proposed amendment to the Town’s Official Plan and Zoning By-law 1767, as amended, be enacted without further notice.

 

 

(9)        OTHER COMMITTEE PROCEEDINGS
            - MINUTES OF DEVELOPMENT SERVICES
            COMMITTEE MEETING – JUNE 7, 2005 (16.0)  

 

That the Development Services Committee minutes dated June 7, 2005 be received.

 

CARRIED

 

 

 

8.         MOTIONS

 

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

 

(1)        2005 MAYOR'S SENIORS'
            HALL OF FAME AWARDS (12.2.6)

 

Moved by Deputy Mayor F. Scaritti

Seconded by Regional Councillor J. Heath

 

That congratulations be extended to the Mayor's Seniors' Hall of Fame Award recipients for their unique and outstanding contribution to the Markham Community:

 

            Mayor's Seniors' Hall of Fame Award Winner:

            - Dennis "Red" Carlsen

 

            Meritorious Award Winners:

            - Betty Hoover

            - Ramesh Patel

 

            Hall of Fame Certificate of Appreciation Winners:

            - Gokul Khatri

            - George Mann

 

CARRIED

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


 

(2)        GRANTS AND SPONSORSHIPS
            GUIDELINES (7.6)

 

Moved by Councillor G. McKelvey

Seconded by Regional Councillor J. Jones

 

That the deputation by Dr. Ken Ng, representing the Taste of Asia Festival, in support of the Grants and Sponsorships Guidelines and requesting that Council continue to support the Taste of Asia Festival, be received;

 

And that the deputation by Judi McIntyre, representing the Markham Arts Council and the Markham Music Festival, in support of the Grants and Sponsorships Guidelines and in support of the arts in Markham, be received.

 

CARRIED

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

 

 

(3)        PURCHASE OF SPONSORSHIPS
            FUTURE POSSIBILITIES – CENTRE STAGE GALA
            JUNE 28, 2005 (12.2.6)

 

Moved by Councillor S. Daurio

Seconded by Councillor K. Usman

 

That Council support the Future Possibilities fundraising gala in the amount of $1,000.  The amount is to be charged to account 840 8415840.

 

CARRIED

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


 

(4)        SWAN LAKE VILLAGE CONDOMINIUM
            REQUEST TO ESTABLISH TASK FORCE (7.3, 12.2.6)

 

That the matter of the request by Swan Lake Village Condominium for the Town to establish a Task Force to examine concerns be received for information and that a Working Group comprised of Members of Council and representatives of Swan Lake Village Condominium be established to examine concerns and that staff bring back a report in this regard.

 

LOST

(See following recorded vote) (5:7)

 

YEAS:             Deputy Mayor F. Scarpitti, Regional Councillor J. Heath, Regional Councillor J. Jones, Councillor E. Shapero,  Councillor J. Webster. (5)

 

NAYS:             Mayor D. Cousens, Regional Councillor B. O'Donnell, Councillor S. Daurio, Councillor J. Virgilio, Councillor G. McKelvey, Councillor D. Horchik, Councillor K. Usman. (7)

 

ABSENT:        Councillor A. Chiu. (1)

 

 

 

9.         COMMUNICATIONS

 

Council consented to refer Communication No. 104-2005 to all Members of Council and Communities in Bloom Staff.

 

Moved by Regional Councillor J. Jones

Seconded by Regional Councillor J. Heath

 

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

 

Received

97-2005           Minister of Municipal Affairs and Housing - Informing of the changes to the Building Code Act, 1992 and Building Code resulting from the Building Code Stature Law Amendment Act, 2002 (Bill 124). (13.2.5)

 

98-2005           Ministry of Municipal Affairs and Housing - Forwarding information regarding the proposed governance model that would give municipal employees and employers greater control of the Ontario Municipal Employees Retirement System (OMERS). (13.2.5)

 

99-2005           Association of Municipalities of Ontario - Updating matters considered at regular Memorandum of Understanding meetings with the various Provincial ministries. (13.12.2)


 

100-2005         Ontario Municipal Employees Retirement System (OMERS) - Forwarding a copy of OMERS 2004 Annual Report. (11.0)

 

Referred to all Members of Council

101-2005         Liquor Licence Application - Request to complete the Alcohol and Gaming Commission Municipal Information Form for The Major Milliken Pub House, 7710 Kennedy Road (indoor expansion) (3.21).

 

102-2005         Liquor Licence Application - Request to complete the Alcohol and Gaming Commission Municipal Information Form for Mix2 KTV & Billiards, 1661 Denison Street, Unit 3 (indoor expansion) (3.21).

 

103-2005         Liquor Licence Application - Request to complete the Alcohol and Gaming Commission Municipal Information Form for The Rail Pool & Lounge, 7500 Woodbine Avenue (indoor) (3.21).

 

Referred to all Members of Council & Communities in Bloom Staff

104-2005         Development Services Commission - Providing an update regarding the application submitted by Canadian National Railway Company to permit a commercial development for a strip of land near the southwest corner of Markham Road and 14th Avenue.  At the April 19, 2005 Public Meeting, Committee raised concerns with respect to the CN Railway bridge painting and the installation of a sidewalk along the entire frontage of the property at 7750 Markham Road. (10.5)
(By-laws 2005-173 and 2005-174)

                                                                                                                CARRIED
                                                                              (See following motion to amend)

Moved by Regional Councillor J. Heath
Seconded by Councillor S. Daurio

That communication 104-2005 be amended to be referred to Communities in Bloom staff as well.

                                                                                                                CARRIED

 

 

Referred to Commissioner of Development Services & Town Solicitor

105-2005         Ontario Municipal Board - Forwarding a decision approving the site plan application submitted by Ruskinvale Developments Limited for lands composed of Part of Lots 4 & 5, Concession 2. (13.13)


 

106-2005         Ontario Municipal Board - Forwarding a decision ordering Eastpine Kennedy-Steeles Limited and Ricenburg Developments Limited to pay recoveries with respect to a proposed plan of subdivision on lands composed of Part of Lot 2, Concession 5. (13.13)

 

CARRIED

 

 

 

10.       PROCLAMATION

 

Council consented to add the following proclamations:

- Pakistan Independence Day – August 14, 2005

- India Independence Day – August 15, 2005

- Jack MacKay Day – September 30, 2005

 

(1)        PROCLAMATIONS (3.4)

 

Moved by Regional Councillor J. Heath

Seconded by Councillor K. Usman

 

That the following be proclaimed in the Town of Markham:

- Welcome Wagon Week - June 20 to 26, 2005

- National Marina Day - August 13, 2005

- Pakistan Independence Day – August 14, 2005

- India Independence Day – August 15, 2005

- Markham Day at the Rogers Cup - August 17, 2005

- Jack MacKay Day – September 30, 2005

- Big Brothers Big Sisters Month - September 2005

- Character Community Day - October 19, 2005;

 

And that the Corporate Communications Department be requested to publish the proclamation of the 'Big Brothers Big Sisters Month' in the Markham Economist and Sun.

 

CARRIED AS AMENDED

(See following motions to amend)

 

            Moved by Councillor K. Usman

            Seconded by Regional Councillor J. Jones

 

            That Report No. 10 be amended to include the following proclamation:

 

            "- Pakistan Independence Day – August 14, 2005"

 

CARRIED


 

            Moved by Councillor K. Usman

            Seconded by Deputy Mayor F. Scarpitti

 

            That Report No. 10 be amended to include the following proclamation:

 

            "- India Independence Day – August 15, 2005"

 

CARRIED

 

            Moved by Deputy Mayor F. Scarpitti

            Seconded by Councillor D. Horchik

 

            That Report No. 10 be amended to include the following proclamation:

 

            "- Jack MacKay Day – September 30, 2005"

 

CARRIED

 

 

 

11.       OTHER BUSINESS

 

 

(1)        – RELOCATION OF JOSEPH
            MARR HOUSE TO MARKHAM HERITAGE ESTATES (8.5 & 16.11)

 

NOTICES OF PROPOSED SALE

TOWN OF MARKHAM

PROPOSED SALE OF SURPLUS REAL PROPERTY

(Pursuant to By-law 178-96)

 

Moved by Councillor G. McKelvey

Seconded by Regional Councillor B. O'Donnell

 

That the notice of proposed sale for the Town owned lands, legally described as Part of Lot 16, Concession 7, designated as Part 3, Plan 65R-24463, be confirmed.

(Committee of the Whole Motion - June 14, 2005)

(By-law 2005-175)

 

CARRIED


 

(2)        EXCHANGE INVOLVING VARIOUS PARTS OF
            CHIPPENHAM LANE WITH WYKLAND ESTATES
            (MATTAMY HOMES) – EAST OF 9TH LINE,
            SOUTH OF 16TH AVENUE
            – PLAN 65M-3767, CORNELL COMMUNITY (8.5, 10.0)

 

Council inquired whether any persons were in attendance to either support or object to the stop up and close portions of Chippenham Lane.  

 

No persons were in attendance to either support or object to this matter.

 

Moved by Regional Councillor J. Jones

Seconded by Councillor S. Daurio

 

Whereas a notice to stop up and close portions of Chippenham Lane, more particularly described as:

 

  • Part of Chippenham Lane, Plan 65M-3767, designated as Parts 1 and 2, Plan 65R-27525;
  • Part of Chippenham Lane, Plan 65M-3767, designated as Parts 6 and 7, Plan 65R-27525;
  • Part of Chippenham Lane, Plan 65M-3767, designated as Part 1, Plan 65R-28088.

 

has been published on the Town of Markham website on June 10, 2005 and Town of Markham Council agenda dated June 14, 2005;

 

And whereas no persons have objected thereto this date;

 

Therefore be it resolved that a by-law to stop up and close portions of Chippenham Lane, more particularly described as part of Chippenham Lane, Plan 65M-3767, designated as Parts 1 and 2, Plan 65R-27525, part of Chippenham Lane, Plan 65M-3767, designated as Parts 6 and 7, Plan 65R-27525 and, part of Chippenham Lane, Plan 65M-3767, designated as Part 1, Plan 65R-28088, be considered by Council later in the meeting.

(By-law 2005-176)

 

CARRIED


 

12.       BY-LAWS

 

Council consented to separate By-laws 2005-170, 2005-182 and 2005-186.

 

Moved by Councillor K. Usman

Seconded by Councillor G. McKelvey

 

That By-laws 2005-157 to 2005-169 and 2005-171 to 2005-181 and 183-2002 to 185-2005 be given three readings and enacted.

 

Three Readings

 

BY-LAW 2005-157    A by-law to establish ward boundaries for the Town of Markham to be effective for the 2006 municipal election.
(Clause 6, Report No. 20, 2005)

 

BY-LAW 2005-158    A by-law to prescribe standards for maintenance of tall grass and weeds on private lands (Grass and Weed Control By-law).
(Clause 8, Report No. 20, 2005)

 

BY-LAW 2005-159    A by-law authorize the execution of a Release and Abandonment of the Watermain Easement registered on lands legally described as Part of Lot 67 and Block 82, Plan 65M-3343 and Part of Lots 29, 90 and Part of Blocks 113 and 114 Plan 65M-3582.
(Clause 9, Report No. 20, 2005)

 

BY-LAW 2005-160    A by-law to amend By-law 32-95, being a by-law to establish and maintain a system for the collection of refuse in the Town of Markham (Expansion of 3-Stream waste collection).
(Clause 15, Report No. 20, 2005)

 

BY-LAW 2005-161    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 (skateboard park booking and rental fees).
(Clause 16, Report No. 20, 2005)

 

BY-LAW 2005-162    A by-law to establish streets laid out according to Plan of Subdivision 65M-2919 as public highway (T.S.L Investments Ltd, Part of Lot 6, Concession 5 - Duffield Drive and Deverill Court).
(Clause 1, Report No. 21, 2005)

 

BY-LAW 2005-163    A by-law to establish streets laid out according to Plan of Subdivision 65M-2147 as public highway (Bramalea Limited, Part of Lot 13, Concession 5 - Addington Square, Village Parkway, Webber Crescent & Wentworth Court).
(Clause 1, Report No. 21, 2005)


 

BY-LAW 2005-164    A by-law to establish streets as public highway, being Part of Block 11, Plan M-2029, designated as Part 7, Plan 65R-7490 (Tiverton Court).
(Clause 1, Report No. 21, 2005)

 

BY-LAW 2005-165    A by-law to establish streets laid out according to Plans of Subdivision 65M-2926 & 65M-2927 as public highway (Monarch Construction Limited, Part of Lots 13, 14 and 15, Concession 6 - Manhattan Drive , Bushberry Court, Burndenford Crescent, Wall Street& Arborfield Lane).
(Clause 1, Report No. 21, 2005)

 

BY-LAW 2005-166    A by-law to establish streets laid out according to Plan of Subdivision 65M-3092 as public highway (Cedarland Properties Limited, Part of Lots 3 and 4, Concession 7 - Kruger Road & Sophia Road).
(Clause 1, Report No. 21, 2005)

 

BY-LAW 2005-167    A by-law to establish streets laid out according to Plan of Subdivision 65M-3149 as public highway (Cedarland Properties Limited, Part of Lot 4, Concession 7 - Sophia Road).
(Clause 1, Report No. 21, 2005)

 

BY-LAW 2005-168    A by-law to establish streets laid out according to Plan of Subdivision 65M-2668 as public highway (Stringbridge Investment Limited, Part of Lot 10, Concession 4 - Clegg Road & Flaska Drive).
(Clause 1, Report No. 21, 2005)

 

BY-LAW 2005-169    A by-law to establish streets laid out according to Plan of Subdivision 65M-2512 & 65M-2513 as public highway (Buttonwood Estates Limited, Part of Lot 14, Concession 4 - John Button Boulevard, John Stiver Crescent, Hoodview Court, William Craig Court, Sutton Court & Burr Crescent (65M-2512) and Morrison Crescent, Mary Elizabeth Crescent, Tomlinson Circle & Rodick Road (65M-2513).
(Clause 1, Report No. 21, 2005)

 

BY-LAW 2005-170    A by-law to amend Zoning By-law 151-75, as amended (Rodeo Fine Homes, 378 John Street - To permit the construction of 3 new single detached dwellings).
(Clause 3, Report No. 21, 2005)                                                  CARRIED
                                                                 (Councillor J. Virgilio abstained)

 

BY-LAW 2005-171    A by-law to amend Zoning By-law 165-80, as amended by By-law 28-97 (Parking By-law) - To permit the introduction of paid parking in conjunction with the hotel operations at 8500 Warden Avenue.
(Clause 6, Report No. 21, 2005)


 

BY-LAW 2005-172    A by-law to amend By-law 2002-178, a by-law to appoint Municipal Law Enforcement Officers (Appointment of Hilton Suites Hotel staff as Provincial Offences Officers to issue Town parking tickets - To revise Schedule "B" ).
(Clause 6, Report No. 21, 2005)

 

BY-LAW 2005-173    A by-law to amend Zoning By-law 304-87, as amended (Canadian National Railway Company Southwest corner of Markham Road and 14th Avenue - To delete the subject lands from By-law 304-87, as amended, so that they may be incorporate into By-law 108-81, as amended, to allow the consolidation of the subject lands with the adjoining property to the southwest to be utilized for commercial purposes).
(Communication No. 104-2005)

 

BY-LAW 2005-174    A by-law to amend Zoning By-law 108-81, as amended (Canadian National Railway Company Southwest corner of Markham Road and 14th Avenue - To allow the consolidation of the subject lands with the adjoining property to the southwest to be utilized for commercial purposes).
(Communication No. 104-2005)

 

BY-LAW 2005-175    A by-law to authorize the execution of an Agreement of Purchase and Sale between the Town and David and Melissa Loney together with the execution of the Transfer of Land for lands legally described as Part of Lot 16, Concession 7, designated as Part 3, Plan 65R-24463 (Relocation of Joseph Marr House to Markham Heritage Estates).
(Other Business (1))

 

BY-LAW 2005-176    A by-law to stop up and close portions of Chippenham Lane (Plan 65M-3767, designated as Parts 1, 2, 6 & 7, Plan 65R-27525 and Plan 65R-3767, designated as Part 1, Plan 65R-28088).
(Other Business (2))

 

BY-LAW 2005-177    A by-law to amend By-law 2002-178, a by-law to appoint Municipal Law Enforcement Officers (To revise Schedules "A" & "B").

 

BY-LAW 2005-178    A by-law to designate part of a certain plan of subdivision not subject to Part Lot Control (Best Homes, north side of Helen Avenue, south of South Unionville Avenue and west of Harry Cook Drive, Lots 1 to 4, Plan 65M-3755 and Part of Lot 1, Plan 65M-3680).

 

BY-LAW 2005-179    A by-law to designate part of a certain plan of subdivision not subject to Part Lot Control (Gel-Don Investments, north of Highway 7 East, abutting the northerly lot line of 3864 and 3872 Highway 7 East between Tenbury Drive and Verclair Gate, Part of Block 79, Parts 3 & 4, Part of Block 80, Parts 7 to 10, Part of Block 81, Parts 12 & 13, Plan 65M-2497, Plan 65R-27083).


 

BY-LAW 2005-180    A by-law to designate part of a certain plan of subdivision not subject to Part Lot Control (Karvon Enterprises Ltd., north of 16th Avenue, west of Williamson Road, Blocks 69 and 70, Plan 65M-3636).

 

BY-LAW 2005-181    A by-law to designate part of a certain plan of subdivision not subject to Part Lot Control (Pam Grey Holdings Inc., north of Bur Oak Avenue, west of Williamson Road, Lots 10, 11, 12, 37, 39, 45, 46, 53 to 61 both inclusive, 64, 67 and 68 and Blocks 69 to 75 both inclusive, Plan 65M-3814 ).

 

BY-LAW 2005-182    A by-law to amend Parking By-law 336-88 (Main Street Unionville parking restrictions).
                                                                                                    CARRIED
                                                             (See following recorded vote) (9:2)

YEAS:  Mayor D. Cousens, Deputy Mayor F. Scarpitti, Regional Councillor J. Heath, Regional Councillor B. O'Donnell, Councillor S. Daurio, Councillor E. Shapero, Councillor J. Virgilio, Councillor J. Webster, Councillor K. Usman. (9)

NAYS:  Regional Councillor J. Jones, Councillor G. McKelvey. (2)

ABSENT:  Councillor D. Horchik, Councillor A. Chiu. (2)

 

BY-LAW 2005-183    A by-law to amend Zoning By-law 304-87, as amended (Fairtree Driving Range, 10411 Kennedy Road - To permit the subject lands to be used as golf driving range, for three (3) years from the date of passing).
(Clause 10, Report No. 19, 2005)

 

BY-LAW 2005-184    A by-law to amend Zoning By-law 177-96, as amended (Larkin/Monarch Partnership (Phase 5B), north of 16th Avenue, between Kennedy Road and McCowan Road in the Berczy Village Secondary Plan Area - To remove the (H) Hold provision).

 

BY-LAW 2005-185    A by-law to amend Zoning By-law 165-80, as amended (Strada Aggregates Inc., 350 Yorkteck Drive, Concession 4, Parts 1 and 4, Plan 65R-22981 - To extend Temporary Use By-law 2002-139 for and additional three (3) years).
(Clause 11, Report No. 19, 2005)

 

CARRIED


 

Moved by Councillor K. Usman

Seconded by Councillor S. Daurio

 

That Council recess into Committee of the Whole in-camera.

 

CARRIED

 

 

 

2.         REPORT OF THE COMMITTEE OF THE WHOLE - cont'd

 

Moved by Regional Councillor J. Jones

Seconded by Councillor K. Usman

 

That Council rise from the Committee of the Whole in-camera and the Chairman report.

 

CARRIED

 

Mayor D. Cousens reported the following motions passed at the Committee of the Whole meeting:

 

(8)        SURPLUS PROPERTY AND LAND TRANSFER
            TO REGION OF YORK
            PART OF LOTS 10 AND 11, CONCESSION 4, DESIGNATED AS
            PARTS 8, 9, 12 AND PART OF PART 11 ON PLAN 65R-24140
            SOUTH WEST CORNER HIGHWAY 7 AND
WARDEN AVENUE
           
MARKHAM
(8.7)

 

That land situated at the south west corner of Highway 7 and Warden Avenue, being Part of Lots 10 and 11, Concession 4 and shown as Parts 8, 9, 12 and part of Part 11 on Reference Plan 65R-24140 (new R-Plan to be prepared and 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 June 28, 2005;

 

And subject to the representations of anyone wishing to be heard on June 28th, 2005, that a by-law be enacted at the Council meeting on June 28, 2005, authorizing the Mayor and Clerk to execute a Transfer/Deed of Land to the Region of York and other related documents for the lands known as Part of Lots 10 and 11, Concession 4 and shown as Parts 8, 9, 12 and part of Part 11 on Reference Plan 65R-24140 (new R-Plan to be prepared and deposited) Markham, in a form satisfactory to the Town Solicitor;

 

And that the Region of York be permitted to enter and start construction within the above noted lands prior to the land transfer.


 

(9)        PROPERTY MATTER – RELOCATION OF JOSEPH
            MARR HOUSE TO MARKHAM HERITAGE ESTATES
            FINANCIAL CAPABILITY AND LOT SELECTION (8.5 & 16.11)

 

That the report on financial capability of the applicants to purchase a lot and relocate and restore the Joseph Marr House at the Markham Heritage Estates be received;

 

And that Part 3, Plan 65R-24463 (Heritage Subdivision) be declared surplus to the Town’s needs and made available for sale to the applicants;

 

And that the fourteen (14) day notice period of the proposed sale of the above lands be placed on the next Council agenda, or subsequent date, in accordance with the Town of Markham By-law No. 178-96 (Sale of Surplus Real Property);

 

And that a by-law be enacted authorizing the Mayor and Clerk to execute an Agreement of Purchase and Sale between David and Melissa Loney and the Town of Markham together with the transfer/deed of land and any other required closing documentation in a form satisfactory to the Town Solicitor;

 

And that Part 3 of Plan 65R-24463 be sold for $96,000 plus GST;

 

And further that when a building permit is issued for Part 3, Plan 65R-24463, that the property be exempt from all of the Town’s current development charges in accordance with Town of Markham By-law No. 147-99 (Town-Wide Hard Services) and Town of Markham By-law 148-99 (Town-Wide Soft Services).

 

 

(10)      TAX SYSTEM – TMX 2000 (7.3)

 

That the Mayor and Clerk be authorized to sign the License Agreement and Maintenance and Support Agreement  with the City of Mississauga for the continued use of the tax system (TXM 2000);

 

And that the Mayor and Clerk be authorized to sign the joint Development Agreement with the City of Mississauga, City of Brampton and Town of Richmond Hill for the tax system (TXM 2000);

 

And that the Treasurer and Chief Information Officer be authorized to sign the joint Master Preferred Escrow Agreement, and any other related supporting documentation, with the City of Mississauga, City of Brampton and Town of Richmond Hill as a preferred beneficiary providing for the retention, administration and controlled access to system source code by an external escrow agent;

 

And that the Treasurer and Chief Information Officer be authorized to sign the joint Statement of Work agreement with the City of Mississauga, City of Brampton and Town of Richmond Hill to provide for the verification of the system source code and system materials that will be held in escrow;


 

And that maintenance and support costs of $145,832 (including PST) for the period 2003 to 2005 be approved and funded from Operating Account 400-400-5361 and $880,276 (including PST) for system development costs for the period 2003 to 2005 be approved and funded from 2004 Capital Account 49-5350-6327-005 and 2005 Capital Account 049-6150-6738-005;

 

And that the License, Maintenance and Support, Development, Master Preferred Escrow and Statement of Work Agreements be executed subject to confirmation by the Treasurer that negotiations with the City of Mississauga regarding support and maintenance costs for 2006 have been finalized;

 

And that staff report back to Council before year end 2005 regarding the 2006 support and maintenance costs.

 

 

(11)      LAND EXPROPRIATION OF
            CASTAN PROPERTY TRANSFER (8.10)

 

That the confidential report entitled "Land Expropriation of Castan Avenue, South Unionville" dated June 14, 2005, be received;

 

And that the Town Solicitor, be authorized to commence proceedings to expropriate Property owned by Inger and Flemming Kunzel, defined as Part of Lot 6 Plan 2196 described as Part 23 – Plan 65R-18880 for the realignment of Castan Avenue;

 

And that the tendering process be waived in accordance with Purchasing By-law 2004-341, Part II, Section 7(1) which states "When any of the following conditions apply, the Treasurer and the Manager of Purchasing may, in consultation with the appropriate Director, negotiate a contract for the supply of goods and services without a competitive process, which shall be submitted to the Chief Administrative Officer for approval … (h) where it is necessary or in the best interest of the Town to acquire non-standard items or Consulting and Professional Services from a preferred supplier or from a supplier who has a proven track record with the Town in terms of pricing, quality and service;

 

And that the Town Solicitor, be authorized to retain an independent real estate appraiser and outside legal counsel to assist staff in these expropriations procedures;

 

And that staff be authorized to do all the things necessary including execution of documents and notices as required by the Expropriations Act;

 

And that the Engineering Department's 2005 Capital Budget be amended to include a $200,000 allowance for the cost of the property expropriation, appraisal and legal counsel services to be funded by the South Unionville Area Specific Development Charges (A.S.D.C. – 42A);

 

And that the Town accept a conveyance free and clear of all encumbrances of Parts 8, 9 and 10 , Plan 65R-27219 from Inger and Flemming and Kunzel to complete the extension on South Unionville Avenue East of Harry Cook Drive;


 

And that staff be directed to do all things necessary to give effect to this recommendation;

 

And that this report not be released to the public and remain confidential upon Council approval.

 

 

Moved by Councillor G. McKelvey

Seconded by Councillor J. Virgilio

 

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

 

CARRIED

 

 

12.       BY-LAWS

 

Moved by Deputy Mayor F. Scarpitti

Seconded by Councillor K. Usman

 

That By-law 2005-186 be given three readings and enacted.

 

Three Readings

 

BY-LAW 2005-186    A by-law to confirm the proceedings of the Council meeting of June 14, 2005.
(Council Meeting No. 12, 2005)

 

CARRIED


 

13.       ADJOURNMENT

 

Moved by Councillor E. Shapero

Seconded by Councillor K. Usman

 

That the meeting do adjourn.

 

CARRIED

 

Council adjourned at 11:10 p.m.

 

 

 

 

 

___________________________________          ______________________________________

SHEILA BIRRELL, TOWN CLERK                      FRANK SCARPITTI, DEPUTY MAYOR

(Signed)

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