2003-03-18
COUNCIL MINUTES Council Chamber, Civic Centre
Meeting
No. 8
(Canada
Room)
COMMITTEE
OF THE WHOLE
ROLL
CALL
Mayor D.
Cousens, Deputy Mayor F. Scarpitti, Regional Councillor T. Wong, Regional
Councillor B. O'Donnell, Councillor S. Daurio, Councillor J. Virgilio,
Councillor G. McKelvey, Councillor J. Heath, Councillor D. Horchik, Councillor
K. Usman, Councillor A. Chiu. (11)
Regrets
Regional
Councillor G. Landon, Councillor E. Shapero. (2)
Moved by
Councillor A. Chiu
Seconded by
Councillor K. Usman
That Council
resolve itself into the Committee of the Whole to discuss the following:
(1) Fire
Department Negotiations (11.6)
(2) Proposed Property Acquisition - Rodick Road/Highway 407
Overpass (8.6)
(3) Ontario Realty Corporation, 7996-7998 Kennedy Road - Proposed
YMCA Site (8.6)
(4) Heritage Home - 26 Albert Street, Markham (10.0 &
16.11.3)
(5) Buttonville Crescent Servicing (5.5
& 5.4)
(6) 16th Avenue Sewers Dewatering
Issue (5.5)
(7) Region of York Health Services - Update On West Nile Virus (13.4)
(8) Summary of 2002 Remuneration &
Expenses for Councillors & Appointees to Boards
& Other Bodies (13.2.5
& 16.23)
(9) Richmond Hill Hydro Closing Adjustment
(13.7)
(10) 2003 Appointments Advisory Committees/Boards (16.24)
(11) Everest Expedition 2003 Fundraising Support For Glenn Edwards
(12.2.6)
(12) York Regional Police "Tartan" Gala Fundraising Dinner
And Dance (12.2.6)
CARRIED
The Regular
Meeting of Council was held on March 18, 2003 at 7:30 p.m. in the Council
Chamber, Civic Centre. Mayor D. Cousens
presided.
(Council
Chambers)
COUNCIL
ROLL
CALL
Mayor D.
Cousens, Deputy Mayor F. Scarpitti, Regional Councillor T. Wong, Regional
Councillor B. O'Donnell, Councillor S. Daurio, Councillor J. Virgilio,
Councillor G. McKelvey, Councillor J. Heath, Councillor D. Horchik, Councillor
K. Usman, Councillor A. Chiu. (11)
Regrets
Regional
Councillor G. Landon, Councillor E. Shapero. (2)
STAFF
J. Livey,
Chief Administrative Officer
J. Baird,
Commissioner of Development
Services
S. Bertoia,
General Manager of Construction & Utilities
S. Birrell,
Town Clerk
C. Conrad,
Town Solicitor
B. Cribbett,
Treasurer
P. Miller,
Acting Manager, Secretariat Services
B. Nanninga,
Executive Assistant
M. Scott,
Executive Coordinator
A. Taylor,
Commissioner of Corporate Services
M.F. Turner,
Commissioner, Strategy, Innovations and Partnerships
1. DISCLOSURE OF PECUNIARY INTEREST
Councillor J.
Heath declared an interest with respect to the site plan application submitted
for Markville Mall - Report No. 19, Clause 7 (Development Services Minutes -
Item 19), by nature of his mother being a member of the Teacher’s Pension Fund,
which owns Markville Mall, and he did not take part in the consideration of, or
vote on the question of approval of this matter.
Councillor G.
McKelvey declared an interest with respect to the site plan application
submitted for Markville Mall - Report No. 19, Clause 7 (Development Services
Minutes - Item 19), 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
Moved by
Councillor A. Chiu
Seconded by
Councillor K. Usman
That Council rise from the Committee of the
Whole and the Chairman report.
CARRIED
Mayor D.
Cousens reported the following motions passed at the Committee of the Whole
meeting:
(1) FIRE
DEPARTMENT NEGOTIATIONS (11.6)
That the presentation by Sharon Laing,
Manager, Employee Relations, and Nancy Marchant, Acting Manager, Employee
Relations, regarding the status of Fire Department negotiations, be received;
And that staff be authorized to proceed with
negotiations with the Markham Fire Department;
And that Council receive monthly status
reports.
(2) PROPOSED
PROPERTY ACQUISITION
RODICK ROAD/HIGHWAY 407
OVERPASS
ONTARIO REALTY CORPORATION
(8.6)
That the Mayor and Clerk be authorized to execute an agreement with the
Ontario Realty Corporation in a form satisfactory to the Town Solicitor and the
Chief Administrative Officer to acquire the property required to construct the
Rodick Road/Highway 407 Overpass;
And that the acquisition of the property be funded from the Engineering
Department's Capital Budget (account #83-5350-3752-005) in the amount of
$225,710.00.
(3) TOWN
OF MARKHAM PURCHASE FROM
ONTARIO REALTY CORPORATION
7996-7998 KENNEDY ROAD -
PROPOSED YMCA SITE (8.6)
That the Mayor and Clerk be authorized to
execute an Agreement of Purchase and Sale between the Town and Her Majesty the
Queen, in Right of Ontario, as represented by the Chair of the Management Board
of Cabinet, for the purchase of lands municipally known as 7996-7998 Kennedy
Road, Markham, for the future site of the YMCA, in a form satisfactory to the
Town Solicitor.
(4) REPEAL
OF DECISION PERMITTING DEMOLITION OF A
HERITAGE HOME - JOHN WANNOP
26 ALBERT STREET, MARKHAM
(10.0 & 16.11.3)
That the report from the Town Solicitor with
respect to the issue of financial relief regarding the Heritage Home, 26 Albert
Street (John Wannop), be received.
(5) BUTTONVILLE
CRESCENT SERVICING (5.5 & 5.4)
That the memorandum dated March 17, 2003 from
the Director of Engineering providing additional information regarding
"Buttonville Crescent Servicing", be received;
And that this matter be deferred and referred
to staff for a report to Finance and Administrative Committee within one month
as to possible means of financing sanitary sewers by either upfronting and
recovery of costs or special levy, and for information on all other current
situations within the Town.
(6) 16TH
AVENUE SEWERS DEWATERING ISSUE (5.5)
That the presentation and handout from the
Director of Engineering regarding the 16th Avenue sewers dewatering issue, be
received.
(7) REGION
OF YORK HEALTH SERVICES
UPDATE ON WEST NILE VIRUS
(13.4)
That the presentation by Margaret McCaffrey and Joe Mancuso, Region of
York Health Services, providing an update on the West Nile Virus in 2002 and an
overview and predictions for 2003, be received;
And that staff be directed to report back on how the Town of Markham is
responding to the West Nile Virus including a detailed analysis of the
situation;
And that the Town of Markham petition the Province of Ontario to take a
leadership role in the West Nile Virus matter.
(8) SUMMARY
OF 2002 REMUNERATION AND EXPENSES
FOR COUNCILLORS AND APPOINTEES
TO BOARDS
AND OTHER BODIES FOR THE
PERIOD JANUARY 1, 2002
TO DECEMBER 31, 2002 (13.2.5
& 16.23)
That Council receive for information the March 17, 2003 report entitled
"Summary of 2002 Remuneration & Expenses for Councillors and
Appointees to Boards and Other Bodies for the Period January 01, 2002 to
December 31, 2002".
(9) RICHMOND
HILL HYDRO CLOSING ADJUSTMENT (13.7)
That the Mayor, Chief administrative Officer and Clerk be authorized to
execute any agreements, applications and other necessary documentation
necessary to finalize the hydro amalgamation and the purchase of Richmond Hill
Hydro.
(10) 2003
APPOINTMENTS
ADVISORY COMMITTEES/BOARDS
(16.24)
Markham Public Library Board
That Patricia Durst be appointed to the Markham Public Library Board,
replacing Belinda Tang, for a term to expire November 30, 2003.
(11) EVEREST
EXPEDITION 2003
FUNDRAISING SUPPORT FOR GLENN
EDWARDS (12.2.6)
That the Town of Markham congratulates Mr. Glenn Edwards on his efforts
to be the first Canadian to climb Mount Everest without supplementary oxygen;
And that Council of the Town of Markham extend support to Mr. Edwards
in his endeavours to raise $88,500 for the Children's Wish Foundation of Canada
through the Everest Expedition by endorsing an immediate staff fundraising
drive with the Town assisting in any way possible.
(12) YORK
REGIONAL POLICE "TARTAN" GALA
FUNDRAISING DINNER AND DANCE
(12.2.6)
That approval be granted for the purchase of one (1) table for the
Second Annual York Regional Police "Tartan" fundraising dinner and
dance gala to be held on Friday, April 4, 2003 at the Hollywood Princess
Meeting, Convention and Banquet Centre, 2800 Highway 7 West, Vaughan.
Moved by Councillor A. Chiu
Seconded by Councillor K. Usman
That the Report of the Committee of the Whole
be adopted, approved and confirmed.
CARRIED
3. MINUTES
(1) COUNCIL
MINUTES
- FEBRUARY 25, 2003
Moved by
Councillor A. Chiu
Seconded by
Councillor J. Heath
That the
Minutes of the Council Meeting held on February 25, 2003, be adopted.
CARRIED
4. PRESENTATIONS
(1) CATHERINE
CONRAD
NEW TOWN SOLICITOR (11.10)
Mayor Cousens
and Council welcomed Catherine Conrad, Town Solicitor, to the Town of Markham.
5. DELEGATIONS
(1) Ms. R. Burkholder,
President & Chief Executive Officer, Markham Board of Trade, expressing
concern about traffic gridlock in the Town of Markham and its impact on
business. (5.10 & 12.2.6)
(2) Anna Yip, President,
Scarborough York Region Chinese Business Association, expressing concern for
traffic gridlock in Markham and its impact on residents and business people.
(5.0 & 12.2.6)
(3) James Phillipson,
Markham Board of Trade, expressing concern over the alleged reallocation of
Region of York monies budgeted for widening roads in the Town of Markham. (5.0
& 12.2.6)
(4) Herb Richter, Markham
Board of Trade, in support of the widening of roads in Markham to resolve
traffic gridlock resulting in improved deliveries and access by shoppers. (5.0
& 12.2.6)
(5) Glenn Baron, in support
of the development of Helen Avenue not being subject to development charges.
(5.0 & 10.7) (Report No. 19, Clause 5)
6(a) REPORT NO. 16 - FINANCE &
ADMINISTRATIVE COMMITTEE
Council
consented to separate Clauses (1), (4) and (6).
Moved
by Councillor K. Usman
Seconded
by Councillor S. Daurio
That
Report No. 16 - Finance & Administrative Committee be received and adopted.
March 3, 2003
(1) MS. LESLIE PATTERSON, OWNER OF HERITAGE
CHAMPIONS - OFF TRACK BETTING
- 144 MAIN STREET
MARKHAM NORTH (2.0)
That the deputation of Ms. Leslie Patterson,
owner of Heritage Champions, 144 Main Street Markham North, requesting an
extension of hours for special event horse racing from Australia on Fridays and
Saturdays from 8:00 p.m. to 1:30 a.m., be received;
And that a public consultation process be
held, consisting of a notice to all owners/tenants within a 300 metre radius,
as well as publication in the Economist and Sun; and notice to interested
parties, the Markham BIA and the Main Street Markham Committee;
And that the Public Information Meeting be
held on the first public meeting date scheduled in April (April 8, 2003);
And that the request by Heritage Champions
for an extension of hours for special event horse racing from Australia be
considered at the April 15, 2003 Council meeting.
CARRIED AS AMENDED
(See following motion
to amend)
(See following motion
to amend which was Lost)
Moved by Councillor G. McKelvey
Seconded by Councillor S. Daurio
That Clause (1) of Report No. 16 be amended
to add the following paragraph:
"And that the request by
Heritage Champions for an extension of hours for special event horse racing
from Australia be considered at the April 15, 2003 Council meeting."
CARRIED
Moved by Councillor G. McKelvey
Seconded by Regional Councillor B. O'Donnell
That Clause (1) of Report No. 16 be amended
to add the following paragraphs:
"That the request by
Heritage Champions for an extension of hours for special event horse racing
from Australia be considered at the April 15, 2003 Committee of the Whole
meeting;
And that no delegations be permitted at the April 15, 2003 Committee of
the Whole meeting however written submissions be accepted by the Clerk's
Department until 4:30 p.m. on April 15, 2003."
LOST
(2) ACCESS COPYRIGHT - MUNICIPAL GOVERNMENT
PHOTOCOPYING LICENCE (2.0)
That
the Clerk be authorized to execute a Municipal Government Licence with Access
Copyright, the Canadian Copyright Licensing Agency, to permit the photocopying
of copyrighted materials at the Town.
(3) PARTIAL RELEASE OF SITE PLAN CONTROL
AGREEMENT
AND AMENDMENT - SEVENWOOD
PROPERTIES INC. AND
75 FRONTENAC PORTFOLIO INC. -
75 FRONTENAC DRIVE MARKHAM (8.0)
That
a by-law be enacted authorizing the Mayor and Clerk to execute a partial
release of a Site Plan Control Agreement between the Town and Sevenwood
Properties Inc. and an amendment to same between the Town and 75 Frontenac
Portfolio Inc., over lands legally described as Part of Lot 11, Concession 3,
designated as Parts 1 and 2, Plan 65R-23999, in a form satisfactory to the Town
Solicitor.
(By-law
2003-71)
(4) 2003
MUNICIPAL ELECTION PROCEDURES (14.0)
That
Council approve the use of optical scan vote tabulating equipment and touch
screen voting as an alternative method of voting for the Town of Markham
Municipal Elections;
And
that Council approve $550,000 for the 2003 municipal election, of which
$500,000, is included in the 2003 Operating budget, $25,000 is included in the
2003 ITS Capital budget and the balance of $25,000 be absorbed in the Corporate
Services 2003 Operating budget;
And
that a by-law be presented to Council to establish the use of vote tabulating
equipment and touch screen voting as an alternative method of voting in the
Municipal Elections;
And
further that a by-law be presented to Council to establish the 2003 advance
voting dates, times and locations within the Town.
(By-laws
2003-72 and 2003-73)
CARRIED
(5) APPOINTMENT OF ALTERNATES FOR
MEMBERSHIP ON COMMITTEES (16.24)
That the following Members of Council be
appointed as alternates on Committees:
Finance & Administrative Committee Councillor
A. Chiu
Transportation Committee Councillor
J. Heath
Thornhill Sub-Committee Reg.
Councillor B. O'Donnell
(6) CITY OF REGINA - INVITATION TO
PARTICIPATE IN
"MUNICIPAL LEADERS' FORUM
ON IMPLEMENTING
KYOTO" - REGINA, APRIL 27
TO 29, 2003 (5.7)
That
further to the Council Resolution of February 25, 2003 granting authority for
one Councillor and one member of staff to attend the Municipal Leaders' Forum
on Implementing Kyoto, that Councillor Jack Heath and Ms. Victoria McGrath,
Manager, Environmental Leadership be named as the attendees;
And that authority be granted for Councillor E.
Shapero to attend the Municipal Leaders' Forum on Implementing Kyoto being held
in Regina, Saskatchewan on April 27, 2003 to be funded from her Councillor's
budget.
CARRIED AS AMENDED
(See following motion to amend)
(See following motion which was
Lost)
Moved by Regional Councillor F. Scarpitti
Seconded by Regional Councillor T. Wong
That Clause (6) of Report No. 16 be amended
to add the following paragraph:
"And that authority be
granted for Councillor E. Shapero to attend the Municipal Leaders' Forum on
Implementing Kyoto being held in Regina, Saskatchewan on April 27, 2003 to be
funded from her Councillor's budget."
CARRIED
Moved by Regional Councillor F. Scarpitti
Seconded by Regional Councillor T. Wong
That Clause (6) of Report No. 16 be amended
to add the following paragraph:
"And that authority be
granted for Councillor E. Shapero to attend the Municipal Leaders' Forum on
Implementing Kyoto being held in Regina, Saskatchewan on April 27, 2003."
LOST
(7) PROCLAMATION - PAKISTAN NATIONAL DAY
SUNDAY, MARCH 23,
2003 AND REQUEST TO HOLD
RECEPTION AND FLAG RAISING
CEREMONY (12.2.6)
That the
request from Ghalib Iqbal, Consulate General of Pakistan, to proclaim March 23,
2003 as Pakistan National Day, be approved;
And that the
request to also hold a Reception and Flag-Raising Ceremony at the Markham Civic
Centre on March 23, 2003 in the Council Chambers and Canada Room, be approved;
And that Fire
Prevention staff be requested to ensure that attendance conforms to the Civic
Centre building's occupancy standards for the Great Hall, Lower Atrium, Council
Chambers and Canada Room;
And that the
matter of police presence/additional security be raised with the organizers;
And further
that, if deemed necessary, staff be requested to provide additional
speakers/sound system in the Great Hall and Lower Atrium.
(8) REQUEST FOR SUPPORT OF PAKISTAN NATIONAL
DAY
CELEBRATION -
SUNDAY, MARCH 23, 2003 AT
CRYSTAL FOUNTAIN BANQUET HALL
(12.2.6)
That the
request from the Pakistan National Day Celebration Committee to sponsor the Pakistan
National Day event at the Crystal Fountain Banquet Hall on March 23, 2003, be
received;
And that
approval be granted to purchase a table for $2,000 and place a full-page ad for
$500.
(9) OTHER
COMMITTEE PROCEEDINGS
- MINUTES OF
FINANCE & ADMINISTRATIVE
COMMITTEE MEETING – MARCH 3,
2003 (16.0)
CARRIED
6(b) REPORT NO. 17 - TRANSPORTATION COMMITTEE
Council
consented to separate Clause (7).
Moved by Councillor
J. Virgilio
Seconded by
Regional Councillor T. Wong
That Report
No. 17 - Transportation Committee be received and adopted.
February 24, 2003
(1) TOWN OF MARKHAM - 10-YEAR
INFRASTRUCTURE PROGRAM (5.0
& 5.10)
That
the presentation by the Director of Engineering on the Town of Markham 10-Year
Infrastructure Program, be received;
And
that the DRAFT 10-Year Infrastructure Program be received;
And
that staff report back with a final 10-Year Capital Program for Council's
consideration;
And
that staff report back as to the preferred funding options for the financing of
the infrastructure program (i.e. internal borrowing, developer financing,
debentures);
And
that staff be authorized to proceed with the update of the Town Wide Hard
Development Charges By-law;
And
further that staff report back with options and recommendations as to provision
of project management for the infrastructure program.
(2) SPEED
REDUCTION STRATEGY (5.12)
That
the presentation by the Manager, Transportation/Engineering with respect to a
Speed Reduction Strategy, be received;
And
that staff continue to look for ways to resolve the traffic concerns with
education, enforcement and engineering;
And
that a working committee be established consisting of staff, community representatives
and Members of Council to discuss the strategy further to mitigate speed
reduction issues, and report back to Transportation Committee.
(3) HIGHWAY
404 MIDBLOCK CROSSINGS (5.10 & 5.7)
That the Town
of Markham, in conjunction with the Town of Richmond Hill and the Region of
York be authorized to participate in an Environmental Assessment Study for a
mid-block roadway crossing of Highway 404 between
Highway 7 and 16th Avenue;
And that the Town of
Richmond Hill and the Region of York be requested to fund both the
Environmental Assessment study and the feasibility studies equally with Markham
on a one-third cost allocation basis;
And
that the Region of York be requested to amend their Regional Official Plan and
Development Charges By-law to include a funding allowance for mid-block road
crossings of Highway 404 between Highway 7 and 16th Avenue and
between Major Mackenzie Drive and Elgin Mills Road and between Elgin Mills Road
and 19th Avenue;
And that the
Town of Markham in conjunction with the Town of Richmond Hill and the Region of
York be authorized to participate in a feasibility study for additional
mid-block road crossings of Highway 404 between
Major Mackenzie Drive and Elgin Mills Road and between Elgin Mills Road and 19th
Avenue;
And that the Town in conjunction with the Region of
York be authorized to participate in a feasibility study to examine the
opportunity for direct access from 404 interchanges to the Allstate Business
Park and the Cathedral Secondary Plan;
And
that a copy of this report be sent to the Town of Richmond Hill and the Region
of York;
And
that the Town of Markham’s share of the above studies be funded from
Engineering Department 2002 Capital Project Feasibility Study - Hwy 404
crossing, North of Hwy 7, Project # 08353994747005.
(4) RODICK ROAD CLASS ENVIRONMENTAL
ASSESSMENT
MILLER AVENUE TO ESNA PARK
(5.10 & 5.7)
That the preferred alternative for the
reconstruction and extension of Rodick Road from Miller Avenue to Esna Park
Drive as detailed in the Environmental Study Report be endorsed;
And that Engineering Department staff be authorized to file the
Environmental Study Report for the 30-day public review commencing March 10th
2003;
And that the Engineering Department be
authorized to request proposals for detailed design.
(5) ALDERGROVE
DRIVE "NO PARKING PROHIBITION" (5.12.4)
That
the report entitled "Aldergrove Drive No Parking Prohibition" be
received;
And
that Schedule 1 of Parking By-law 336-88, be amended to rescind the "No
Parking Prohibition" on the inner circle of Aldergrove Drive, from Denison
Street to a point 200 metres west of Teddington Avenue;
And
that Schedule 1 of Parking By-law 336-88, be amended to include a "No
Parking Prohibition" on the inner circle of Aldergrove Drive, from Denison
Street to Old Kennedy Road;
And
that the amending by-law be approved;
And
that the Roads Department be directed to install the appropriate signs upon
approval of the amending by-law.
(By-law
2003-87)
(6) ALL-WAY STOP CONTROL - MIDDLEFIELD
ROAD AND HIGHGLEN AVENUE
(5.12.3)
That
Schedule 12 of By-law 106-71, (Traffic By-law), for an All-way Stop Control be
amended to include the intersection of Middlefield Road and Highglen Avenue and
that the amending by-law be approved;
And
that the Roads Department be directed to install All-way Stop signs at the
intersection of Middlefield Road and Highglen Avenue as soon as the by-law is
approved;
And
that the York Regional Police be requested to enforce the All-way Stop Control
upon installation of these signs.
(By-law
2003-88)
(7) OTHER
COMMITTEE PROCEEDINGS
- MINUTES OF
TRANSPORTATION
COMMITTEE MEETING – FEBRUARY
24, 2003 (16.0)
CARRIED
6(c) REPORT NO. 18 - COMMUNITY SERVICES &
ENVIRONMENT COMMITTEE
Moved by
Councillor J. Heath
Seconded by
Councillor K. Usman
That Report
No. 18 - Community Services & Environment Committee be received and
adopted.
March 3, 2003
(1) WASTE MANAGEMENT GOVERNANCE REVIEW (5.1)
That
the report entitled "Waste Management Governance Review", be
received;
And
that the Region of York be advised that any process to review waste management
consolidation and governance, be driven by the ability to:
(i) increase
waste diversion to meet and exceed the Regional target of 50%
(ii) provide
service levels equal to or greater than the Town's current level of service
(iii) obtain
operating and cost efficiencies based on enhanced service levels
And
that the Region of York be advised that the Town of Markham is extremely
concerned about the implications of any consolidation of collection services,
particularly as this might impact increased diversion levels, fees, bag limits, municipal operations,
local community recycling depots, the quality of residential customer service,
business services and education;
And
that Markham Council has the opportunity to review and comment on the contents
of the review prior to its finalization;
And
that this report be forwarded to the Regional Clerk, Commissioner of Transportation
and Works, and to the Clerks of the Area Municipalities.
(2) "VANDALISM, VIOLENCE AND
UNACCEPTABLE
BEHAVIOURS
POLICY" (6.4 & 2.1)
That the
"Violence, Vandalism and Unacceptable Behaviours" policy, revised
March 3, 2003, be adopted.
(3) TERMS OF REFERENCE - MARKHAM ADVISORY
COMMITTEE ON
ACCESSIBILITY (16.9)
That
the Markham Advisory Committee on Accessibility Terms of Reference be adopted
and approved; and recommended to Council for approval;
And
that the Chief Administrative Officer assign a project coordinator and
appropriate staff from each Town Commission to draft the Accessibility Plan
required under the Ontarians with
Disabilities Act, 2001, in consultation with the Advisory Committee
on Accessibility;
And
further that the Commissioner of Corporate Services be directed to report back
to the Community Services & Environment Committee on what action is being
taken to make the Town's website accessible to persons with disabilities.
(4) REGION OF YORK - SUPPORT FOR
PROVINCE-WIDE
LEGISLATION ADDRESSING THE
PROHIBITION OF
SMOKING IN PUBLIC PLACES AND
WORKPLACES
IN ONTARIO (13.4 & 2.13)
That
the letter and resolution dated February 21, 2003 from the Region of York
requesting the Province of Ontario to enact province-wide legislation that
addresses the prohibition of smoking in all public places and workplaces in
Ontario, be endorsed.
(5) OTHER
COMMITTEE PROCEEDINGS
- MINUTES OF COMMUNITY
SERVICES & ENVIRONMENT
COMMITTEE MEETING – MARCH 3,
2003 (16.0)
CARRIED
6(d) REPORT NO. 19 - DEVELOPMENT SERVICES
COMMITTEE
Council consented to separate Clauses (5) and
(7).
Moved by Councillor G. McKelvey
Seconded by Councillor K. Usman
That Report No. 19 - Development Services
Committee be received and adopted.
March 4, 2003
(1) REPEAL OF DECISION
PERMITTING DEMOLITION OF A
HERITAGE HOME - 26 ALBERT STREET, MARKHAM VILLAGE
(10.0, 16.11.3) Attachment
That
the staff memorandum dated February 25, 2003, regarding the repeal of the
demolition permit for 26 Albert Street, be received;
And
that the deputation by Mr. John Wannop, applicant for 26 Albert Street, be
received;
And
that, as recommended by Heritage Markham, Council rescind its resolution dated
June 28, 1995 regarding the demolition of 26 Albert Street, Markham Village;
And
that the application for demolition of the James Campbell House be denied;
And that the issue of financial relief, as requested
by Mr. Wannop, be referred to the CAO, for a report to the Finance and
Administrative Committee.
(2) ACCEPTANCE FOR
MAINTENANCE OF
RESIDENTIAL SUBDIVISIONS (REGISTERED PLAN NUMBERS
65M-3134, 65M-3156, AND 65M-3248) (10.7) Attachment
That the staff memo from Alan Brown, dated
March 4, 2003, regarding Minto (Markham) Ltd. and Markham Glen Limited (Legacy
Phase 1B, Plan 65M-3134 and Legacy Phase 4, Plan 65M-3248), be received;
And that the
services in Subdivision, Registered Plan Numbers 65M-3134, 65M-3156 and
65M-3248, be accepted;
And that by-laws be
enacted by Council to accept these subdivisions and to establish each of the
roads within the residential subdivisions as a public highway of the Town of
Markham;
And that the Community
Services Commission assume the responsibility for operating and maintaining the
infrastructure within the Subdivisions as part of the Town’s system;
And that acceptance of the
Subdivisions be taken into consideration in future operating budgets;
And that the by-law to
amend Schedule ‘12’ of Traffic By-law # 106-71, by including compulsory stop to
the indicated streets, be approved;
And that the by-law to
amend Schedule ‘A’ of the Speed By-law # 105-71, by including a maximum speed
of 40 kilometres per hour to the streets indicated, be approved;
And that the Mayor
and Clerk be authorized to execute the necessary releases from the terms of the
Subdivision Agreements, subject to confirmation from the Director of
Engineering that the final two year guarantee periods have been completed.
(By-laws 2003-74,
2003-75, 2003-76, 2003-77, and 2003-78)
(3) GOLDBRITE TRADING, 7750
KENNEDY ROAD
BUILDING CANOPY SIGN VARIANCE (# 02-118546) (2.16.2)
That
the building canopy sign variance, application # 02-118546, submitted by
Goldbrite Trading, be denied;
And
further, that the applicant be instructed to bring the window signs currently
located on site into conformity with the sign by-law.
(4) ANDRIN
KENNEDY HOMES IN SOUTH UNIONVILLE
STREET NAME REQUEST, (SC. 02-115271) (10.14) Attachment
That
the following street names requested by Andrin Kennedy Homes for a townhouse
condominium on the northeast corner of Kennedy Road and Castan Avenue (SC.
02-115271) be approved:
NAKINA
WAY
WOLTNER
WAY
ASH
TREE LANE
(5) HELEN AVENUE - PHASING AND SERVICING PLAN
(5.0, 10.7) Attachment
That
the report entitled ‘Helen Avenue – Phasing and Servicing Plan’, dated March 4,
2003, be received;
And
that the alternative servicing route through Helen Avenue and an unopened road
allowance between Helen Avenue and South Unionville Avenue be endorsed;
And
that the proposed phasing of development for the west portion of the South
Unionville area be endorsed;
And that if
necessary, staff report back to Council on possible expropriation, at the
developer’s cost, for the construction of the stormwater management pond and
outfall, and extension of South Unionville Avenue and Castan Avenue prior to
Stages 3 and 4 proceeding;
And that the
principles for servicing and reconstruction of Helen Avenue, as outlined in the
report entitled ‘Helen Avenue – Phasing and Servicing Plan’, dated March 4,
2003, be endorsed;
And that staff
report back with a draft Area Specific Development Charge by-law and
front-ending agreements for the reconstruction and servicing of Helen Avenue;
And that
financing for the reconstruction of Helen Avenue (west) be considered upon
availability of a storm outfall.
CARRIED
(6) DESIGNATION UNDER PART
IV OF THE ONTARIO
HERITAGE ACT, 10379 AND 10411 KENNEDY
ROAD
THE SOMMERFELDT HOMESTEAD AND
THE GEORGE HENRY SOMMERFELDT ST.
HOUSE (16.11.3) Attachment
That Heritage Markham’s recommendation to
designate the Sommerfeldt Homestead
at 10379 Kennedy Road and the George Henry Sommerfeldt Sr. House at 10411
Kennedy Road under Part IV of the Ontario Heritage Act be
approved;
And that the Clerks Department be authorized
to:
- publish and serve Council’s Notice of
Intention to Designate as per the requirements of the Act; and,
- prepare the Designation By-law for these
properties.
(7) OTHER
COMMITTEE PROCEEDINGS
- MINUTES OF
DEVELOPMENT SERVICES
COMMITTEE MEETING – MARCH 4,
2003 (16.0)
CARRIED
Councillor J. Heath abstained
(Item 19)
Councillor G. McKelvey abstained
(Item 19)
6(e) REPORT NO. 20 - FINANCE & ADMINISTRATIVE
COMMITTEE
Council
consented to separate Clause (1).
Moved
by Councillor K. Usman
Seconded
by Regional Councillor T. Wong
That
Report No. 20 - Finance & Administrative Committee be received and adopted.
March 17, 2003
(1) REPORT ON THE IMPLEMENTATION OF
INNOVATION SYNERGY CENTRE
(10.16 & 12.2.6)
That the presentation of the Director of Economic Development regarding
the Implementation of the Innovation Synergy Centre, be received;
And that the report entitled “Implementation of Innovation Synergy Centre
(ISC)” be received and approved for implementation;
And that Council authorize the establishment of the Innovation Synergy
Centre as a not-for-profit corporation.
Staff will present, at a later date, documents of incorporation and
related information for Council approval;
And that the Mayor and Clerk be authorized by Council to execute a
2-year lease (plus an option to renew) for a total of $220,000 to rent
approximately 4,800 sq. ft. of office space (Lucent Technologies building),
effective May 1, 2003 at an annual cost not to exceed $110,000, to be funded
through the 2003 Economic Development capital account;
And that Council approve the use of previously approved funds to be
used by the ISC for a one-time start up expenditure for the combined ISC and
Markham Small Business Enterprise Centre (SBEC) in the spring of 2003 at a cost
not to exceed $60,000. These funds to be drawn from existing Economic
Development operating accounts;
And that the funding for the Innovation Synergy Centre (Project 5239),
approved in the 2003 capital budget be used by the ISC as a contribution
towards the combined operating expenses for the ISC and Markham Small Business
Enterprise Centre (SBEC) of $250,000 for the period of May 1,2003 to April 30,
2004;
And that Council approve the secondment of an Economic Development
funded staff person year to be the General Manager of the ISC. These funds were previously approved in the
Town’s operating budget 2003;
And that the existing Steering Committee of the Mayor plus 3 Councillors
and 2 external advisors continue to guide the implementation of the ISC and
SBEC until the appointment by Council of formal representatives to the Board of
Directors;
And that the Treasurer be directed by Council to fund the operating and
capital requirements of the ISC and SBEC consistent with the expenses
incorporated in this report;
And further that staff advise Committee periodically about the status
of fundraising;
And that the official name of the Innovation Synergy Centre include a
reference to Markham.
CARRIED AS AMENDED
(See following motion to amend)
Moved by
Councillor J. Heath
Seconded by
Regional Councillor T. Wong
That Clause (1)
of Report No. 20 be amended to add the following paragraph:
"And that the official
name of the Innovation Synergy Centre include a reference to Markham."
CARRIED
(2) AGREEMENT TO SPONSOR A CSBIF
ECONOMIC DEVELOPMENT FUND
(10.16 & 12.2.6)
That
the report entitled "Agreement to Sponsor a CSBIF Economic Development
Fund" be received;
And
that the Town agree to be a joint sponsor with York University of a Community
Small Business Investment Fund (CSBIF) managed by Value Added Ventures Limited
of Thornhill;
And
that the Mayor and Chief Administrative Officer be authorized by the Town to
apply for registration of the CSBIF upon receipt of recommendation from legal
counsel that all statutory requirements have been met by the applicant (Value
Added Ventures Limited).
(3) EMERGENCY PURCHASES - OPERATIONS
DEPARTMENT
2002/2003 WINTER MAINTENANCE
CONTRACTS (7.9 & 5.10)
That
the report entitled "Emergency Purchases - Operations Department 2002/2003
Winter Maintenance Contracts" be received;
And
that the Chief Administrative Officer be authorized to increase Purchase Orders
and approve emergency purchases (as per Purchasing By-law Section 30 - Part
(2)), to cover the cost of the Operations Department's winter maintenance
contracts and supplies for the balance of the 2002/2003 winter season;
And
that purchase orders for the Operations Department's qualified contractors and
suppliers that provide services under the general ledger accounts identified in
Attachment "A", be increased in value by + $1,000,000 to
enable the Operations Department to carry out winter maintenance on roads and
sidewalks for the remainder of the 2002/2003 winter season;
And
that the Operations Department report back to Finance and Administrative
Committee, following the 2002/2003 winter season, to provide detailed financial
reports on the year to date costs for winter maintenance operations as well as
estimated costs to provide service for the balance of the 2003 budget year.
(4) MILLENNIUM BANDSTAND LANDSCAPING (12.2.6
& 6.3)
That
the report to Finance and Administrative Committee entitled "Unionville
Millennium Bandstand Landscaping (UMBL)" dated March 17, 2003 be received;
And
that the MBTW Group be retained to finalize the design, prepare working
drawings, tender documents and undertake contract administration for the UMBL
to an upset limit of $19,420.50 including 7% GST ($18,695 including 3% GST) to
be funded from the 2001 Capital Project number 081 5350 3624 005;
And
that approval be given to complete the UMBL project in the amount of $258,997
including 7% GST ($249,315 including 3% GST) to be funded as follows:
2003 UMBL Capital Project (5197) $129,000
2001 Millennium Bandstand Capital Project (2636) 16,935
2002 Community Fundraising 49,780
2001 UMBL Capital Project (3624) 4,100
2003 Unionville Parkette & Playground Capital Project (5204) 49,500
Total: $249,315
And further that the 2003 Unionville Parkette
& Playground Capital Project be deferred to 2004.
CARRIED
7. MOTIONS
Council
consented to add motion (1).
(1) R.
BURKHOLDER, MARKHAM BOARD OF TRADE
TRAFFIC GRIDLOCK (5.0 &
12.2.6)
Moved by Regional Councillor T. Wong
Seconded by Regional Councillor F. Scarpitti
That the deputation and written submission of R. Burkholder, President
& Chief Executive Officer, Markham Board of Trade expressing concern about
traffic gridlock in the Town of Markham and its impact on businesses, be
received;
And that the deputations of Anna Yip, President, Scarborough York
Region Chinese Business Association, James Phillipson and Herb Richter, Markham
Board of Trade, in support of the concerns expressed by Ms. Burkholder, be received.
CARRIED
(2/3rd vote to consider was
required and obtained)
8. COMMUNICATIONS
Council
consented to add Communications 108-2003 and 109-2003.
Moved by
Councillor K. Usman
Seconded by
Regional Councillor T. Wong
That Council
receive and consent to the disposition of communications in the following
manner:
Received
100-2003 Alcohol &
Gaming Commission of Ontario - Advising that a Hearing has been scheduled for
March 19, 2003 at 9:00 a.m. to review the liquor licence application for MIX2
KTV & Billiards, 1661 Denison Street, Unit 3. The hearing is at 20 Dundas Street West, 7th Floor. (3.21)
108-2003 Glenn Baron -
Forwarding support for the development of Helen Avenue not being subject to
development charges. ( 5.0 & 10.7) (Report No. 19, Clause 5)
Referred to all Members of Council
101-2003 Liquor Licence
Application - Request to complete the Municipal Information Form for Le
Biftheque Steakhouse, 7501 Woodbin Avenue, Markham (indoor & outdoor)
(3.21)
102-2003 Liquor Licence
Application - Request to complete the Municipal Information Form for Kelsey's
Restaurant, 7710 Markham Road, Markham (indoor & outdoor) (3.21)
103-2003 Liquor Licence
Application - Request to complete the Municipal Information Form for Club
Mirage Karaoke & Lounge, Unit D7, Second Floor, 4394 Steeles Avenue East,
Markham (indoor) (3.21)
104-2003 Liquor Licence
Application - Request to complete the Municipal Information Form for
Milestone's, 3760 Highway No. 7 East, Markham (indoor) (3.21)
105-2003 Proclamation -
Naturopathic Medicine Week - March 22 to 29, 2003. (3.4)
106-2003 Proclamation -
Learning Disabilities Month - March, 2003 (3.4)
107-2003 Proclamation -
National Volunteer Week - April 27 to May 3, 2003 (3.4)
Referred to the Town Clerk
109-2003 **Queen's Montessori
Academy - Forwarding complaints about Amazing Health, 1151 Denison Street, Unit
3. (2.0)
** Amended
by Council at its meeting held on April 1, 2003 to indicate the address for
Amazing Health is 1151 Denison Street, Units 2 and 3.
CARRIED
9. OTHER BUSINESS
(1) 7711
HEALTH CARE CENTRE
YONGE STREET, THORNHILL (2.12)
Council
advised of a Close Order issued against 7711 Health Care Centre, Yonge Street,
Thornhill, which will take effect on April 17, 2003. Council thanked all staff involved for a job well done.
10. BY-LAWS
Moved by
Councillor A. Chiu
Seconded by
Regional Councillor T. Wong
That By-laws
to be given three readings and enacted.
Three Readings
BY-LAW 2003-71 A by-law to authorize the execution of a partial release of a
Site Plan Control Agreement between Sevenwood Properties Inc. and the Town and
the amendment to same between 75 Frontenac Portfolio Inc. and the Town for
lands legally described as Part of Lot 11, Concession 3, designated as Parts 1
and 2, Plan 65R-to be registered.
(Clause 3, Report No. 16, 2003)
BY-LAW 2003-72 A by-law to provide for the use of vote counting equipment as
an alternative voting method
(Clause 4, Report No. 16, 2003)
BY-LAW 2003-73 A by-law to provide for advance voting to be held prior to
regular voting day.
(Clause 4, Report No. 16, 2003)
BY-LAW 2003-74 A by-law to establish the streets laid out according to Plan of
Subdivision 65M-3134 as public highway. (Markham Glen Inc. and Minto (Markham)
Limited, Part of Lots 6 and 7, Concession 8 - Buttonbush Avenue, Juneberry
Avenue, Meadowgrass Crescent, Primrose Path Crescent, Redpoll Avenue,
Sandcherry Avenue & Wood Thrush Avenue).
(Clause 2, Report No. 19, 2003)
BY-LAW 2003-75 A by-law to establish the street laid out according to Plan of
Subdivision 65M-3156 as public highway (Raymerville Developers Limited, all of
Block 142, Plan 65M-2088 and all of Block 113, Plan 65M-2226 - Manorpark
Court).
(Clause 2, Report No. 19, 2003)
BY-LAW 2003-76 A by-law to establish the streets laid out according to Plan of
Subdivision 65M-3248 as public highway (Markham Glen Inc. and Minto (Markham)
Limited, Part of Lots 6, 7 and 8, Concession 8 - Russell Jarvis Drive,
Serviceberry Road, Purple Finch Road, Littleleaf Crescent, Rouge Bank Drive).
(Clause 2, Report No. 19, 2003)
BY-LAW 2003-77 A by-law to amend Traffic By-law 106-71 (Plan 65M-3134,
65M-3156 and 65M-3248 - Compulsory stop)
(Clause 2, Report No. 19, 2003)
BY-LAW 2003-78 A by-law to amend Speed By-law 105-71 (Plan 65M-3134, 65M-3156
and 65M-3248 - 40 km per hour speed)
(Clause 2, Report No. 19, 2003)
BY-LAW 2003-79 A by-law to authorize the execution of a Transfer/Deed of Land
to Eden Oak (Unionville) Inc. for lands legally described as Block 95, Plan
65M-3593, designated as Part 2, 65R-to be registered.
(Clause 3, Report No. 14, 2003)
BY-LAW 2003-80 A by-law to authorize the execution of a Transfer/Deed of Land
to Wemat Four Limited and Concord Leslie RI GP, Inc. (Part 3) for lands legally
described as Part of Minthorn Boulevard, Plan 65M-2665, designated as Parts 1,
2 and 3, Plan 65R-25483.
(Clause 6, Report No. 11, 2003)
BY-LAW 2003-81 A by-law to authorize the execution of a Transfer/Deed of Land
to Wemat Four Limited for lands legally described as Part of Block 8, Plan
65M-2665, designated as Part 8, Plan 65R-25483.
(Clause 6, Report No. 11, 2003)
BY-LAW 2003-82 A by-law to amend By-law 2002-178, being a by-law to appoint
Municipal Law Enforcement Officers (Revise Schedule A - delete Linda Hawkins
and add Marco Francisco & John Cowan)
BY-LAW 2003-83 A by-law to dedicate certain lands as part of the highways of
the Town of Markham (Part of Block 28, Plan 65M-2073, designated as Part 3,
Plan 65R-12401 - Cochrane Drive).
BY-LAW 2003-84 A by-law to amend Zoning By-law 1229, as amended, being a by-law
to regulate the use of land and erection and location of buildings at 22
Heritage Road (Playdium Corporation, Part of Lot 11, Conc. 7)
(Clause 13, Report No 15, 2003)
BY-LAW 2003-85 A by-law to designate part of a certain plan of subdivision not
subject to Part Lot Control, Lots 6, 7, 18, 19, 29 to 36, both inclusive, 43,
44 and 51, and Blocks 52 to 64, both inclusive, Plan 65M-3636 (Karvon
Enterprises Ltd. (Greensborough)).
BY-LAW 2003-86 A by-law to designate part of a certain plan of subdivision not
subject to Part Lot Control, Block 113, Plan 65M-2654. (Read Eastern Capital
(Offshore) Canada Inc.
BY-LAW 2003-87 A by-law to amend Parking By-law 336-88, as amended (No parking
prohibition on the inner circle of Aldergrove Drive, from Denison Street to Old
Kennedy Road)
(Clause 5, Report No. 17, 2003)
BY-LAW 2003-88 A by-law to amend Traffic By-law 106-71 (All-way stop control
at the intersection of Middlefield Road and Highglen Avenue)
(Clause 6, Report No. 17, 2003)
BY-LAW 2003-89 A by-law to confirm the proceedings of the Council meeting of
March 18, 2003.
(Council
Meeting No. 8, 2003)
CARRIED
11. ADJOURNMENT
Moved by
Councillor A. Chiu
Seconded by
Councillor K. Usman
That the
meeting do adjourn.
CARRIED
Council
adjourned at 8:45 p.m.
______________________________ _____________________________
SHEILA
BIRRELL, TOWN CLERK DON
COUSENS, MAYOR
(Signed)