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M I N U T E S

COMMITTEE OF THE WHOLE

2004-2-24

Council Chambers

Meeting No. 5

 

Attendance

 

Regional Councillors     F. Scarpitti

                                    J. Heath

                                    J. Jones

                                    B. O'Donnell

Councillors                   S. Daurio

                                    E. Shapero (6.06 p.m.)

                                    J. Virgilio

                                    G. McKelvey
                                    J. Webster

                                    D. Horchik

                                    A. Chiu

J. Livey, Chief Administrative Officer

J. Baird, Commissioner of Development

   Services

J. Sales, Commissioner of Community

   and Fire Services

A. Taylor, Commissioner of Corporate Services

C. Conrad, Town Solicitor

B. Cribbett, Treasurer

B. Varner, Real Property Manager

S. Birrell, Town Clerk

P. Miller, Manager, Secretariat Services

B. Wiles, Manager, Enforcement & Licensing

 

 

 

The Committee of the Whole meeting convened at the hour of 6:02 p.m. with Deputy Mayor F. Scarpitti in the Chair.

 

 

DISCLOSURE OF INTEREST

 

None declared.

 

 

1.         MINUTES OF COMMITTEE OF THE WHOLE
            - FEBRUARY 10, 2004 (16.0)

 

Moved by Councillor A. Chiu

Seconded Regional Councillor J. Jones

 

That the minutes of the Committee of the Whole meeting held on February 10, 2004 be confirmed.

 

Carried


 

2.         2004 ADVISORY COMMITTEE/BOARD APPOINTMENTS (16.24)

 

Moved by Councillor S. Daurio

Seconded by Councillor D. Horchik

 

That the Regional Councillors be appointed as alternates to the:

 

            Markham Subcommittee

            Milliken Mills Subcommittee

            Thornhill Subcommittee

            Unionville Subcommittee;

 

Building and Parks Construction

That the following Member of Council be appointed to the Building and Parks Construction Committee:

            Regional Councillor J. Jones

 

Committee of Adjustment

That the following five (5) persons be appointed to the Committee of Adjustment for the term expiring November 30, 2006:

 

            John Andreevski

            Keith Daunt

            Velta Mussellam

            Wayne Patterson

            Glenn Schaeffer

 

Community Small Business Investment Fund (CSBIF)

That, due to lack of Federal Funding, the Community Small Business Investment Fund (CSBIF) be disbanded and the appointments of the following two (2) Members of Council be terminated:

 

            Regional Councillor B. O'Donnell

            Councillor K. Usman

 

Heintzman House Community Centre Board

That the following additional member of the Heintzman House Community Centre Board be confirmed for the term ending December 31, 2004:

            Bob Willson

 

Main Street Markham:

That the following person be appointed to the Main Street Markham Committee:

            Ms. Amy Pialagitis


 

Markham Cemetery Board

That the following Interview Committee be appointed to interview for 3-5 persons to be appointed to the Markham Cemetery Board for the term expiring November 30, 2006:

            Councillor S. Daurio

            Councillor G. McKelvey

            Mr. L. Smith;

 

And that the matter of member appointments be referred to the March 9, 2004 Council meeting pending a recommendation from the Interview Committee.

 

 

Markham Conservation: (to be maintained)

That the following two (2) Members of Council be appointed to the Markham Conservation Committee for the term expiring November 30, 2006: (TBA)

            Regional Councillor J. Heath

            Councillor E. Shapero;

 

And that the matter of member appointments be referred to the March 9, 2004 Council meeting pending a recommendation from the Interview Committee.

 

Markham Public Library Board

That the following Member of Council be appointed to the Markham Library Board:

            Regional Councillor J. Jones

 

Markham Small Business Enterprise Centre Board of Directors

That the following Member of Council be appointed to the Markham Small Business Board of Directors:

            Councillor E. Shapero

 

Markham Theatre Board

That the following person appointed as the York Region District School Board's representative to the Markham Theatre Board be confirmed for the term expiring November 30, 2006:

            Gary Unitas, Trustee

 

Mayor's Youth Task Force

That the following person appointed as the York Region District School Board's representative to the Mayor's Youth Task Force be confirmed for the term expiring November 30, 2006:

            Stan Korolnek, Trustee, ex officio

 

Property Standards

That the following Interview Committee be appointed to interview for five (5) persons to be appointed to the Property Standards Committee for the term expiring November 30, 2006:

            Regional Councillor J. Jones

            Regional Councillor B. O'Donnell

            Town Clerk or designate;


 

And that the matter of member appointments be referred to the March 9, 2004 Council meeting for a recommendation from the Interview Committee.

 

Unionville BIA

That the following members of the Unionville BIA be confirmed for the term expiring

December 31, 2004: 

            Gregory McCormick, Chair

            Gary Davis

            Eva Yang

            Lori Lievonen

            Suzanne Bouchard

            Sarah Iles

            Tracy MacKinnon

 

Varley Art Gallery Board

That the following person appointed as the Unionville BIA's representative to the Varley Art Gallery be confirmed for the term expiring November 30, 2006:

            Karen Chadwick.

 

Carried

 

 

 

3.         ONTARIO DIVISIONAL COURT DECISION DATED
            FEBRUARY 18, 2004 - RESPECTING EASTPINE KENNEDY-
            STEELES LIMITED AND THE CORPORATION OF THE
            TOWN OF MARKHAM ET AL (8.0)  Weblink

 

Moved by Councillor D. Horchik

Seconded by Regional Councillor J. Jones

 

That the report by the Town Solicitor entitled "Ontario Divisional Court Decision Dated February 18, 2004 Respecting Eastpine Kennedy-Steeles Limited and The Corporation of the Town of Markham et al", dated February 24, 2004, be received for information.

 

Carried


 

4.         LICENSING HEARING
            "FOX HEALTH CENTRE"
            7089 YONGE STREET, UNIT 5, MARKHAM (2.0)

 

Moved by Councillor G. McKelvey

Seconded by Councillor A. Chiu

 

That the following recommendation of the Markham Licensing Committee be adopted and confirmed:

 

Whereas the Applicant applied for a license in October, 2002 to operate a complementary health care establishment at 7089 Yonge Street, Unit # 5 (Fox Health Centre);

 

And whereas the Licensing Officer recommended refusal of the license;

 

And whereas the Applicant requested a hearing before the Licensing Committee;

 

And whereas the Licensing Committee met on 3 consecutive days and heard evidence in support of the Licensing Officer's decision to recommend refusal of the license but was unable to conclude the hearing in the time allotted;

 

And whereas the Applicant's solicitor has subsequently confirmed that the Applicant does not have the legal right to occupy the premises at 7089 Yonge Street, Unit # 5, contrary to section 25 of By-law 2002-292;

 

And whereas the Applicant has withdrawn her request for a hearing before the Licensing Committee;

 

And whereas there are reasonable grounds for belief that the carrying on of the business by the applicant will result in a breach of this By-law;

 

And whereas the conduct of the applicant affords reasonable grounds for belief that the business will not be carried out in accordance with the law and with integrity and honesty;

 

Now therefore, be it resolved that the Licensing Committee recommends that:

 

         1.      The Applicant's admission that she has no lawful right to occupy the premises be accepted;

         2.      The Applicant's withdrawal of her request for a Licensing hearing be accepted;

         3.      The application for a license to operate a complementary health care establishment at 7089 Yonge Street, Unit # 5 (Fox Health Centre) be refused;

         4.      Pursuant to section 25(1) of the Statutory Powers Act, this decision not be stayed by any appeal of this decision that may be instituted in the courts.

 

Carried


 

5.         REQUEST FOR SUPPORT OF PAKISTAN NATIONAL DAY
            DINNER AND ENTERTAINMENT (12.2.6)

 

Moved by Councillor D. Horchik

Seconded by Councillor S. Daurio

 

That the request from the Pakistan National Day Celebration Committee to sponsor the Pakistan National Day Dinner and Entertainment event at the Crystal Fountain Banquet Hall on Sunday, March 28, 2004 at 6:00 p.m., be received;

 

And that approval be granted to purchase a gold sponsorship for $3,000.00.

 

Carried

 

 

 

 

ADJOURNMENT

 

The Committee of the Whole meeting adjourned at 6:35 p.m.

 

 

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