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                                                                                                                                    2003-08-26

COUNCIL MINUTES  Council Chamber, Civic Centre

Meeting No. 17

 

(Canada Room)

COMMITTEE OF THE WHOLE

 

ROLL CALL

Mayor D. Cousens, Deputy Mayor F. Scarpitti, Regional Councillor T. Wong, Regional Councillor B. O'Donnell, Councillor S. Daurio, Councillor E. Shapero, Councillor J. Virgilio (6:00 p.m.), Councillor G. McKelvey, Councillor J. Heath, Councillor D. Horchik, Councillor K. Usman (5:20 p.m.), Councillor A. Chiu. (12)

 

Regrets

Regional Councillor G. Landon. (1)

 

Moved by Councillor A. Chiu

Seconded by Councillor J. Heath

 

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

 

(1)        Licensing Hearing - Transfer of Taxi Owner’s License Town Plate M-137 (2.0)

(2)        Licensing Hearing - “Studio One Massage”, 28 Crown Steel Drive, Unit 1 (2.0)

(3)        Licensing Hearing - “Easy Comfort Health Spa”, 5694 Highway #7 East, Unit #11 (2.0)

(4)        Extension of Terms of Office - Advisory Committees And Boards (16.24)

(5)        2003 Advisory Committee Appointments (16.24)

(6)        Rouge Park Proposal Planting of The Tompion Property (10.3)

(7)        Sixteenth Avenue Sewer Update (5.5)

(8)        Markham Stouffville Hospital Event - Tastes of Our Community - September 14, 2003 (12.2.6)

 

CARRIED

 

The Regular Meeting of Council was held on August 26, 2003 at 7:03 p.m. in the Council Chamber, Civic Centre.  Mayor D. Cousens presided.

 

(Council Chambers)

ROLL CALL

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

 

Regrets

Regional Councillor G. Landon. (1)


 

STAFF

J. Livey, Chief Administrative Officer

J. Baird, Commissioner of Development Services

S. Birrell, Town Clerk

C. Conrad, Town Solicitor

B. Cribbett, Treasurer

P. Miller, Manager, Secretariat Services

B. Nanninga, Executive Assistant

J. Sales, Commissioner of Community and Fire Services

A. Taylor, Commissioner of Corporate Services

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

 

 

 

1.         DISCLOSURE OF PECUNIARY INTEREST

 

Councillor K. Usman disclosed an interest with respect to the Minutes of Council Meeting held on July 8, 2003 (Clause 10, Report No. 47 - Development Services Committee dated July 7 & 8, 2003) and Clause (1), Report No. 50 - Development Service Committee Minutes dated July 7 & 8, 2003 (Item 10), the proposal by Tenstone Development Inc. at the northeast corner of Highway 7 and Town Centre Boulevard by nature of he and his wife owning a couple of units in the Condo Tower, and his wife having an office leased in the Tower, and did not take part in the consideration or discussion of or vote on the question of the approval of such matter.

 

Councillor K. Usman disclosed an interest with respect to the Minutes of Council Meeting held on July 8, 2003 (Committee of the Whole Motion 5) and Clause (1), Report No. 50 - Development Services Committee Minutes dated July 7 & 8, 2003 (Item 26), the site plan proposal by Tenstone Development Inc. at the northeast corner of Highway 7 and Town Centre Boulevard by nature of he and his wife owning a couple of units in the Condo Tower, and his wife having an office leased in the Tower, and did not take part in the consideration or discussion of or vote on the question of the approval of such matter.

 

Councillor K. Usman disclosed an interest with respect to the Minutes of Council Meeting held on July 8, 2003 (Committee of the Whole Motion 6 and By-law 2003-255) and Clause (1), Report No. 50 - Development Services Committee Minutes dated July 7 & 8, 2003 (Item 28), the proposed development by The Townhomes of Thornhill Village Inc., for Thornhill Square, by nature of his wife being a tenant in Thornhill Square, and did not take part in the consideration or discussion of or vote on the question of the approval of such matter.

 

Councillor J. Heath declared an interest with respect to the Minutes of Council Meeting held on July 8, 2003 (Committee of the Whole Motion 16) and Clause (1), Report No. 50 - Development Services Committee Minutes dated July 7 & 8, 2003 (Item 38), the site plan application for Pickle Barrell, Markville Mall, 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 J. Heath disclosed an interest with respect to the Minutes of Council Meeting held on July 8, 2003 (Committee of the Whole Motion 29) and Clause (1), Report No. 50 - Development Services Committee Minutes dated July 7 & 8, 2003 (Item 54), the rezoning application submitted by Solarino Holdings for 29 Laidlaw Boulevard, by nature of owning property close by, at 166 Bullock Drive, and did not take part in the consideration or discussion of or vote on the question of the approval of such matter.

 

Councillor J. Heath disclosed an interest with respect to Clause (1), Report No. 50 - Development Services Committee Minutes dated July 7 & 8, 2003 (Items 19 & 23), the proposed development by Solarino Holdings, by nature of owning property nearby, and did not take part in the consideration or discussion of or vote on the question of the approval of such matter.

 

Councillor J. Heath disclosed an interest with respect to Clause (4), Report No. 52 - Development Service Committee dated August 25, 2003, the proposed development by Solarino Holdings, by nature of owning property nearby, and did not take part in the consideration or discussion of or vote on the question of the approval of such matter.

 

Councillor D. Horchik disclosed an interest with respect to Clause (1), Report No. 50 - Development Services Committee Minutes dated July 7 & 8, 2003 (Item 19), the proposed development by Angus Glen West Village by nature of his house abutting the subject property and did not take part in the consideration or discussion of or vote on the question of the approval of such matter.

 

Councillor J. Virgilio disclosed an interest with respect to Clause (1), Report No. 50 - Development Services Committee Minutes dated July 7 & 8, 2003 (Item 52), the proposal by Iole Capogna and Sandro Capogno by nature of representing the owners 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)        LICENSING HEARING
            TRANSFER OF TAXI OWNER’S LICENSE
            TOWN PLATE M-137 (2.0)

 

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

 

            That an exemption under Section 4.9(1) of By-law 2002-308 to permit the transfer to taxicab owner’s license M-137, issued to the owner, be granted, under the following conditions:

 

            1.      the procedure outline in Schedule 2 of By-law 2002-308 is complied with; and

 

            2.      the owner substantiate his reason to transfer by providing an affidavit.

 

 

(2)        LICENSING HEARING
“STUDIO ONE MASSAGE”
28 CROWN STEEL DRIVE, UNIT 1 (2.0)

 

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

 

1.         That the application to renew Body-Rub Parlour Owner’s License No. 0313868, issued pursuant to Body-Rub Parlour By-laws 116-98 and 2002-292, in the name of the owner as “Studio One Massage”, located at Unit1, 28 Crown Steel Drive, Markham, be denied; and

 

2.         That, pursuant to Section 25(1) of the Statutory Powers Procedures Act, this decision not be stayed by any appeal of this decision, which may be instituted in the courts.

 

 

(3)        LICENSING HEARING
“EASY COMFORT HEALTH SPA”
5694 HIGHWAY #7 EAST, UNIT #11 (2.0)

 

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


 

1.         That the application for Complementary Healthcare Establishment, submitted by the owner, to own and operate a Complementary Healthcare Establishment known as "Easy Comfort Health Spa" at 5694 Highway # 7 East, Unit # 11, Markham, Ontario, be denied; and

 

2.         That, pursuant to section 25(1) of The Statutory Powers Procedures Act, this decision not be stayed by any appeal of this decision that may be instituted in the courts.

 

 

(4)        EXTENSION OF TERMS OF OFFICE
            ADVISORY COMMITTEES AND BOARDS (16.24)

 

That the terms of office for incumbents on advisory committees and boards, whose terms expire on November 30, 2003, be extended to March 1, 2004.

 

 

(5)        2003 ADVISORY COMMITTEE APPOINTMENTS (16.24)

 

Committee of Adjustment

That the resignation of Robert Adams from the Committee of Adjustment be accepted with regret;

 

And that the matter of a replacement appointment be referred to Regional Councillor B. O’Donnell and Councillors S. Daurio and E. Shapero to provide a recommendation to Council;

 

Heritage Markham

That the following resignations from Heritage Markham, be accepted with regret and letters of appreciation be forwarded and the vacant positions be advertised with all other committee vacancies later in the year:

 

            Ross Caister

            Sean Stanwick

 

Information Markham

That the following appointments to the Information Markham Board, be confirmed:

 

            Bob Aldous                                          term June 1, 2003 to May 31, 2004

            Catherine Biss                                      term June 1, 2003 to May 31, 2004

            John Butler                                           term June 1, 2003 to May 31, 2004

            Cara Cellini                                          term June 1, 2003 to May 31, 2004

            Violet Glase                                          term June 1, 2003 to May 31, 2004

            Mary Grande                                        term June 1, 2003 to May 31, 2004

            Sharon Martin                                      term June 1, 2003 to May 31, 2004

            Greg McCormick                                 term June 1, 2003 to May 31, 2004


            Peter Miller                                          term June 1, 2003 to May 31, 2004

            John Riddell                                          term June 1, 2003 to May 31, 2004

            Sara Tam                                             term June 1, 2003 to May 31, 2004

            William Tyrrell                                      term June 1, 2003 to May 31, 2004

            Regional Councillor Tony Wong            term to November 30, 2003;

 

Markham Mobility Foundation

And that the following appointments to the Markham Mobility Foundation, be confirmed:

 

            Jean-Anne Dodge                                 term July 1, 2003 to June 30, 2004

            Bob Mansour                                       term July 1, 2003 to June 30, 2004

            Bob Sherwood                                     term July 1, 2003 to June 30, 2004

            Vivienne Hansford                                term July 1, 2003 to June 30, 2004

            Glenn Reid                                           term July 1, 2003 to June 30, 2004

            Glenn Waugh                                        term July 1, 2003 to June 30, 2004

            Don Gordon                                         term July 1, 2003 to June 30, 2004

            Gary Kay                                             term July 1, 2003 to June 30, 2004

            Linda Doyle                                          term July 1, 2003 to June 30, 2004

            Enzo Morini                                          term July 1, 2003 to June 30, 2004

            Paul Cohen                                           term July 1, 2003 to June 30, 2004

            Ralph Davidson                                    term July 1, 2003 to June 30, 2004

            James Li                                               term July 1, 2003 to June 30, 2004

            Tony Masongsong                                term July 1, 2003 to June 30, 2004

            Jason (Jay) La Londe                           term July 1, 2003 to June 30, 2004

            Paul Kay                                              term July 1, 2003 to June 30, 2004

            Rick Dominico                                      term July 1, 2003 to June 30, 2004

            Regional Councillor Bill O’Donnell        term to November 30, 2003

 

Mayor’s Youth Task Force

And that the following be appointed to the Mayor’s Youth Task Force for the term September 1, 2003 to June 30, 2004:

 

LEGEND:  R - Returning

 

Markham

                    R Kyle Hocking                           High School                              10

                    R Nicolas Rousseau                     High School                              9

                        Mathew Colphon                      High School                              10

                        Shaun Zafar                              High School                              11

                        Michelle Ramcharran                 Elementary School                    8

                        Baljiwan Uppal             Elementary School                    6


 

                    Unionville

                    R Taha Bandukwala                     High School                              11

                    R Robert Coutts                           High School                              12

                    R Kristen Coutts                          High School                              11

                        Naima Jaffer                             High School                              12

                        Zain Naqi                                  High School                              11

                        Kavinda Sananayake                 Elementary School                    8

                        Luxey Sirisegram                       Elementary School                    8

                   

                    Milliken

                    R Sindy Ng                                  High School                              10

                    R Nancy Dewett                          High School                              OAC

                    R Nicky Sidhu                             High School                              11

                        Shusmita Sharma                       High School                              12

                        Sabrina MacDonald                  High School                              12

                        Cindy Singh                              High School                              10

                   

                    Thornhill

                    R Sarah Bleiwas                           High School                              11

                    R Sanam Nader                           High School                              11

                    R Tcheka Nedamat                      High School                              11

                    R Benji Bigio                                High School                              9

                        Jessica Parker                           High School                              12

                        Megan Sparkes             Elementary School                    8

 

 

(6)        ROUGE PARK PROPOSAL 
            PLANTING OF THE TOMPION PROPERTY (10.3)

 

That the matter of the Rouge Park Alliance proposal for the planting of the Tompion property at the northwest corner of Steeles Avenue and Ninth Line be deferred for consideration at the September 16, 2003 Committee of the Whole meeting to permit the following:

 

1.         The Rouge Park Alliance to provide the Town of Markham with a letter agreeing to relocate any plantings, if necessary as a result of the alignment of the Markham By-pass.

2.         The Rouge Park Alliance to provide a site plan of the proposed plantings together with the three (3) main road patterns proposed.

3.         The Rouge Park Alliance, Town staff and Regional Councillor F. Scarpitti, Councillor J. Heath and Councillor E. Shapero work together to prepare and review the proposal and recommendation to Council.

 

 

(7)        SIXTEENTH AVENUE SEWER UPDATE (5.5)

 

That the update provided by the Director of Engineering regarding the requirements of the Department of Fisheries and Oceans in connection with the Sixteenth Avenue Sewer, be received.


 

(8)        MARKHAM STOUFFVILLE HOSPITAL EVENT - TASTES OF
            OUR COMMUNITY - SEPTEMBER 14, 2003 (12.2.6)

 

That the staff update on processes and policies for similar Town-wide events to the Markham Stouffville Hospital event - Tastes of our Community, be received.

 

CARRIED

 

 

 

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
            - JULY 8, 2003

 

Moved by Councillor A. Chiu

Seconded by Regional Councillor F. Scarpitti

 

That the Minutes of the Council Meeting held on July 8, 2003, be adopted.

 

CARRIED

(Councillor K. Usman abstained

- Committee of the Whole Motions

(5), (6) & By-law 2003-255)

- Clause (10), Report No. 47, 2003)

(Councillor J. Heath abstained

- Committee of the Whole Motions (16) & (29))

 

 

 

4.         PRESENTATIONS

 

Council consented to separate Presentations (2) and (3) and defer them to the to the Council meeting on September 16, 2003.

 

Council consented to add Presentation (5).

 


 

(1)        SUNRISE MARKHAM ROTARY CLUB (12.2.6)

 

The Sunrise Markham Rotary Club presented a plaque to Council in appreciation for its support during the Ribfest held at the Markham Fairground from July 11 to 13, 2003.

 

 

(2)        SILVER TRASH CAN LID AWARD (12.2.6)

 

This presentation was deferred to the Council meeting on September 16, 2003.

 

 

(3)        SUSIE GARDEN AWARD PROGRAM (12.2.6)

 

This presentation was deferred to the Council meeting on September 16, 2003.

 

 

(4)        UNIONVILLE MILLIKEN SOCCER CLUB
UNIONVILLE MILLIKEN STRIKERS U-13 GIRLS
 - DIVISION 1 TEAM (12.2.6)

 

Council recognized the following members of the Unionville U-13 Girls Team that is currently in first place in their Rep. Division:

 

Argiropoulos, Litsa

Colangelo, Jenna

Convery, Brittany

Dennill, Lisa

Farrant, Stefanie

Fleming, Kelly

Geiger, Natalie

Ketchabaw, Megan

Law, Natalie 

Lenius, Andra

Markos, Christina

Mifsud, Jessica

O’Hanlon, Kelly

Overton, Emma

Press, Sara

Weber, Melissa

 

 

(5)        SAM BOWMAN MEMORIAL TRIBUTE (12.2.6)

 

Council announced, with sadness, the recent passing of Sam Bowman who was an active member of the community, a tireless volunteer and a highly respected and recognized resident of Markham.  Sincere condolences were extended to his wife and family.


 

5.         DELEGATIONS

 

(1)        Brian Bunting, on behalf of his daughter Susan Waddington, requesting time to respond to the proposed designation of 9404 Markham Road. (Report 52, Clause 5) (16.11.3)

 

(2)        Sam Orrico offering his assistance with respect to the tenant purchase program in connection with the Eastern Markham Strategic Review (Report 50, Clause 55) (10.8)

 

 

 

6(a)      REPORT NO. 49 - FINANCE & ADMINISTRATIVE COMMITTEE

 

Moved by Councillor K. Usman

Seconded by Councillor A. Chiu

 

That Report No. 49 - Finance & Administrative Committee be received and adopted.

 

July 7, 2003

 

(1)        HERITAGE CHAMPIONS OFF-TRACK BETTING
            REQUEST FOR EXTENDED HOURS - 144 MAIN
            STREET MARKHAM NORTH (2.0)

 

That the request for a letter of support from Heritage Champions for an extension to their hours of operation for the Hong Kong Races be denied (Schedule "A").

 

 

(2)        OTHER COMMITTEE PROCEEDINGS
            - MINUTES OF FINANCE & ADMINISTRATIVE
            COMMITTEE MEETING – JULY 7, 2003 (16.0)

 

That the Finance & Administrative Committee minutes dated July 7, 2003 be received.

 

CARRIED

 

 


 

6(b)      REPORT NO. 50 - DEVELOPMENT SERVICES COMMITTEE

 

Council consented to separate Clause (1).

 

Moved by Councillor G. McKelvey

Seconded by Regional Councillor B. O’Donnell

 

That Report No. 50 - Development Services Committee be received and adopted.

 

July 7, 2003

 

(1)        OTHER COMMITTEE PROCEEDINGS
            - MINUTES OF DEVELOPMENT SERVICES
            COMMITTEE MEETING – JULY 7 & 8, 2003 (16.0)

 

That the Development Services Committee minutes dated July 7 & 8, 2003 be received.

 

CARRIED

(Councillor K. Usman abstained - Items 10, 26 & 28)

(Councillor J. Heath abstained - Items 19, 23, 38 & 54)

(Councillor D. Horchik abstained - Item 19)

(Councillor J. Virgilio abstained - Item 52)

 

 

 

6(c)      REPORT NO. 51 - FINANCE & ADMINISTRATIVE COMMITTEE

 

Council consented to separate Clauses (5), (7) & (15).

 

Moved by Councillor K. Usman

Seconded by Regional Councillor T. Wong

 

That Report No. 51 - Finance & Administrative Committee be received and adopted.

 

August 25, 2003

 

(1)        MR. ADRIAN SCHOLLEN - SWAN LAKE VILLAGE
            CONDOMINIUMS APPLICATION FOR
            DELIVERY OF SERVICES  (7.3)

 

Whereas in 1995 Town Council approved a series of residential condominium developments in Swan Lake and permitted certain aspects, such as a private road network, to be designed and constructed at less than Town standards;


 

And Whereas purchasers of units in Swan Lake became financially responsible to maintain certain services such as road maintenance and repair, snow removal, street lighting, etc. on the Swan Lake property;

 

And Whereas residential condominium corporations are private property;

 

And Whereas the property tax system in Ontario is a value based system such that the total budgetary requirements determined by Council annually are distributed across all properties in proportion to their value;

 

And Whereas the allocation of costs for Town services are based on taxable assessment and not a user pay principle;

 

Therefore Be It Resolved that the presentation from Mr. Schollen regarding taxation and delivery of services to Swan Lake condominiums be received; and that no compensation be provided to the residents of Swan Lake.

 

 

(2)        SIGN BY-LAW AMENDMENT TO ELECTION SIGNS (2.16)

 

That Section 17.5.1 ( c ) of By-law 2002-94, as amended, be deleted and replaced by the following:

 

      17.5.1 (c)   The size of any election sign on a Town of Markham road allowance shall be a maximum of 1.5 square metres and a minimum of 1.0 square metres.

(By-law 2003-279)

 

 

(3)        REESOR ROAD BRIDGE REPLACEMENT BETWEEN
            16TH AVENUE & MAJOR MACKENZIE DRIVE (5.10)

 

That the staff report entitled "Reesor Road Bridge Replacement Between 16th Avenue and Major MacKenzie Drive" be received;

 

And that the detail design and bridge replacement work, Alternative B, in an estimated amount of $920,000 be included in the Construction and Utilities' proposed 2004 Capital Budget.

 

 

(4)        7700 KENNEDY ROAD, MILLIKEN, UNIONVILLE-MILLIKEN
            SOCCER CLUB PROPOSAL FOR NEW FACILITY (6.10)

 

That the report summarizing a proposal by the Unionville-Milliken Soccer Club for the construction of a new Soccer Clubhouse at 7700 Kennedy Road, Milliken be received;

 

And that the Town not accept the proposal, but suggest to the Unionville-Milliken Soccer Club that it fund raise for the cost of the proposed facility;


 

And that this matter be deferred to staff for further consultation with Unionville-Milliken Soccer Club;

 

And that staff report back to Council with details of the consultations at a later date.

 

CARRIED

 

 

(5)        MARKHAM HOME SOLUTION
COMPOSTING PROGRAM (5.1)

 

That the Report entitled “Markham Home Solution Composting Program” be received;

 

And that, as the Region of York is unable to provide organics processing capacity at this time, the Town will implement a program designed to increase the diversion of organics by encouraging residents to home compost; 

 

And that a Home Solution Composting Package consisting of a home composter, kitchen container, biodegradable bags, and education information kit be offered for sale to Markham residents at a subsidized price of $15 per package;

 

And that a kick-off truckload sale event be held on Saturday, September 13, 2003 at the Centennial Community Center;

 

And that the net cost for the September 13, 2003 event of $22,637 be funded from the $50,000 identified in the 2003 Waste Management operating budget as Enhanced/New Programs - Phase 1 organics collection project;

 

And that the Region of York be requested to provide 50% funding to offset the cost of the truckload sale event and the future Home Solution Composting Program; 

 

And that staff gather information at this event with regard to the sustained use of home composters and the effectiveness of biodegradable liner bags for Home Solution Composting and report back in the spring of 2004 on the results;

 

And that the balance of $27,363 from the $50,000 allocated in the 2003 Waste Management operating budget, as Enhanced/New Programs, for the Phase 1 organics collection project be allocated to the subsidized composting program for the remainder of 2003;

 

And that the funding for the September 13, 2003 event and the subsidization of home composting packages for the remainder of 2003 be transferred to the 2003 Operating Account #770-7729160;

 

And that the continuation of funding for the Home Composting Program be considered for approval in the 2004 budget process;

 

And that the Town of Markham continue to pursue organics processing opportunities for early implementation of a Town-wide residential organics curbside collection program;

 

And that this report be forwarded to Council for approval at its meeting of August 26, 2003.

 

CARRIED

 

 

(6)        INVESTMENT POLICY AMENDMENT - AUGUST 2003 (7.0)

 

That the report dated August 25, 2003 entitled "Investment Policy Amendment - August 2003 be received;

 

And that the Manulife Bank and Canaccord Capital be added to the Authorized Financial Institutions and Brokers/Dealers section of the Town of Markham's Investment Guidelines.

 

CARRIED

 

 

(7)        LICENSING COMMITTEE COMPOSITION (16.24)

 

That the composition of the existing Licensing Committee be expanded to include all Members of Council;

 

And further that the quorum for the Licensing Committee be three;

 

And that the Committee meetings be shared equally amongst Members of Council;

 

And that a Schedule of Meetings and Councillor attendees be arranged in advance by the Town Clerk;

 

And that the matter of setting up an advisory licensing committee in 2004, including lay persons, be referred to staff for report.

 

DEFERRED

(See following motion to defer)

 

            Moved by Councillor J. Heath

            Seconded by Councillor S. Daurio

 

            That Clause (7), Report No. 51 be deferred for consideration at the September 16, 2003 Committee of the Whole meeting;

 

            And that the Town Clerk provide a report and recommendation to address these issues.

 

CARRIED

 


 

(8)        TENDER AWARD 016-T-03 HIGHWAY COURSE ROCK SALT
            (YORK REGION CO-OP TENDER CT-0303) (7.12.2)

 

That the report entitled, 016-T-03 Supply and Delivery of Sodium Chloride (Highway Course Rock Salt), York Public Buyers Co-operative CT 03-03) be received;

 

And that tender 016-T-03 Supply and Delivery of Sodium Chloride (Highway Course Rock Salt), York Public Buyers Co-operative CT 03-03) be awarded to the lowest acceptable bidder, Sifto Canada Inc. in their unit price of $56.49 per tonne inclusive of 7% GST ($54.38 per tonne inclusive of 3% GST) in the estimated annual amount of $593,164.00 inclusive of 7% GST ($570,990.00 inclusive of 3% GST) for a term of 1 year with an option to renew for an additional two one year terms (2004 - 2005 and 2005 - 2006);

 

And that the Director of Operations and Asset Management and the Director of Financial & Client Services be authorized to extend the contract for an additional two one year terms (2004 - 2005 and 2005 - 2006) at a unit price to be mutually agreed upon with the vendor and York Region;

 

And that the remaining 2003 expenditures, estimated at $190,330.00 inclusive of 3% GST, will be charged to the Operations Department's 2003 Operating Budget, account #700 504 4525, and any over spending, projected to be $369,057.00, will be absorbed by favourable variances in other Town wide accounts.

 

 

(9)        TENDER AWARD - RENTAL OF TANDEM AXLE TRUCKS
            FOR WINTER MAINTENANCE 121-T-03 (7.12.2)

 

That the report entitled "Tender Award - Rental of Tandem Axle Trucks for Winter Maintenance" be received;

 

And that tender 121-T-03 Rental of Tandem Axle Trucks for Winter Maintenance be awarded to D. Crupi & Sons in their hourly operating rate totalling an estimated $2,302,659.60 inclusive of 7% GST ($2,216,579.00 inclusive of 3% GST) for a period of three years;

 

And that the remaining expenditure for 2003, estimated at $236,504.25 inclusive of 7% GST ($227,663.00 inclusive of 3% GST) will be charged to the Operations Department's 2003 Operating Budget, account # 700 504 5301, and any over spending, projected to be $394,156.35 will be absorbed by favourable variances in other Town wide operating accounts;

 

And that the following 2004-2006 estimated costs (inclusive of 3% GST) be provided for within the respective years' budget submission for the Operations Department:

 

·        2004                                        $740,400.00

·        2005                                        $740,400.00

·        2006 (Jan 1 - Mar 31)              $508,116.00


 

And that the 2005 and 2006 budgets/purchase orders will be adjusted for growth (increase in kilometres of roadway) based on the approved budget for that year;

 

And that the 2005 and 2006 budgets/purchase orders may be adjusted for fuel price increases over the duration of the contract.  Statistics Canada's Canadian Price Index, Diesel Fuel, Ontario (catalogue # 62-011-XPB) will be used to calculate the percentage change in fuel prices at each twelve month interval of the contract.

 

 

(10)      TENDER AWARD 013-T-03 SIDEWALK
            WINTER MAINTENANCE (7.12.2)

 

That the report entitled "Tender Award Sidewalk Winter Maintenance" be received;

 

And that tender 013-T-03 for Sidewalk Winter Maintenance be awarded to the lowest acceptable bidder, Nu-Con Contracting in the estimated total amount of $3,206,918.40 inclusive of 7% GST ($3,087,033.60 inclusive of 3% GST) for a term of three years commencing November 17, 2003 to April 14, 2006;

 

And that the remaining 2003 expenditures, estimated at $281,293.00 (inclusive of 3% GST), will be charged to the Operations Department's 2003 Operating Budget, account 700 504 5302 and the resulting deficit balance for sidewalk winter maintenance of approximately $338,198.10 be absorbed by favourable variances in other Town wide operating accounts;

 

 

And that the following 2004-2006 estimated costs (inclusive of 3% GST) be provided for within the respective years' budget submission for the Operations Department:

 

  • 2004                                        $1,029,011.00
  • 2005                                        $1,029,011.00
  • 2006 (Jan 1 - Mar 31)                 $747,718.00

 

And that the 2005 and 2006 budgets will be adjusted for growth (increase in kilometres of roadway) based on the approved budget for that year.

 

 

(11)      TENDER AWARD 012-T-03 RENTAL OF GRADERS/TRUCKS
            FOR WINTER MAINTENANCE (7.12.2)

 

That the report entitled "Tender Award - Rental of Graders for Winter Maintenance" be received;

 

And that tender 012-T-03 Rental of Graders for Winter Maintenance be split and awarded to the following companies, Curtis Enterprizes, D. Crupi & Sons Ltd., JAG Construction Ltd., Pit Haulage Ltd., and Vidome Construction Ltd., totalling $2,610,272.00 inclusive of 7% GST ($2,512,692.00 inclusive of 3% GST) for a period of three years effective November 1, 2003;


 

And that the 2003 costs, estimated at $239,037.00 (inclusive of 3% GST) be charged to the Operations Department's 2003 Operating Budget, account no. 700 504 5301, and any over spending, projected to be $243,423.12 will be absorbed by favourable variances in other Town wide operating accounts;

 

And that the following 2004-2006 estimated costs (inclusive of 3% GST) be provided for within the respective years' budget submission for the Operations Department:

 

  • 2004                                                    $837,564.00
  • 2005                                                    $837,564.00
  • 2006 (Jan 1 - Mar 31)                          $598,527.00

 

And that the 2005 and 2006 budgets/purchase orders will be adjusted for growth (increase in kilometres of roadway) based on the approved budget for that year;

 

And that the 2005 and 2006 budgets/purchase orders may be adjusted for fuel price increases over the duration of the contract.  Statistics Canada's Canadian Price Index, Diesel Fuel, Ontario (catalogue # 62-011-XPB) will be used to calculate the percentage change in fuel prices at each twelve month interval of the contract.

 

 

(12)      CONVEYANCE OF EASEMENT TO MARKHAM HYDRO
            PART OF BLOCK 206, PLAN 65M-3519 - MUNICIPALLY KNOWN AS
            180 MINGAY AVENUE, MARKHAM (8.1)

 

That a by-law be enacted authorizing the Mayor and Clerk to execute a Transfer of Easement to Markham Hydro for lands legally described as Part of Block 206, Plan 65M-3519, designated as a part on a reference plan to be deposited, in a form satisfactory to the Town Solicitor.

(By-law 2003-280)

 

 

(13)      8100 WARDEN AVENUE SUBLEASE AGREEMENT
            MARKHAM HYDRO DISTRIBUTION INC. AND
            MARKHAM DISTRICT ENERGY INC. (8.2 & 13.7)

 

That Council enact a by-law authorizing the Mayor and Clerk to execute a Sublease Agreement between Markham Hydro Distribution Inc. and Markham District Energy Inc. and the Town of Markham for 505 square feet of office space at 8100 Warden Avenue, Markham, in a form satisfactory to the Town Solicitor.

(By-law 2003-281)

 


 

(14)      AGREEMENT OF PURCHASE AND SALE BLOCK 43, PLAN 65M-3425
            DESIGNATED AS PARTS 3, 4 AND 5 PLAN 65R-26144 - SITE RESERVED
            FOR PLACE OF WORSHIP (FOREST BAY HOMES LIMITED) HIGHWAY 48
            AND HIGHGLEN AVENUE, MARKHAM (8.2)

That the Agreement of Purchase and Sale from Truth Tabernacle of Markham be accepted for property identified as Block 43, Plan 65M-3425 and designated as Parts 3, 4 and 5 on Plan 65R-26144, situated at Highway 48 and Highglen Avenue, Markham at a price of $178,800.00, based on a price of $150,000 per acre for 1.192 acres;

 

And that a by-law be enacted on September 16th, 2003 authorizing the Mayor and Clerk to execute a Transfer/Deed of Land to Truth Tabernacle of Markham for the lands designated as Parts 3, 4 and 5 on Plan 65R-26144, Highway 48 and Highglen Avenue, Markham, in a form satisfactory to the Town Solicitor.

 

CARRIED

 

 

(15)      CEDAR GROVE COMMUNITY CENTRE 2003
            CAPITAL PROJECTS (6.6 & 7.5)

 

That the matter of the Cedar Grove Community Centre air conditioning installation be referred back to staff;

 

And that staff be requested to undertake a comprehensive review of Cedar Grove Community Centre and other satellite community centres with respect to expected cost estimates for upgrades, such as air conditioning, and exterior/interior renovations;

 

And that a corresponding plan of action be brought forward for consideration in the 2004 budget process.

 

CARRIED AS AMENDED

(See following motion to amend)

 

                  Moved by Councillor D. Horchik

                  Seconded by Councillor J. Heath

 

                  That Clause (15), Report No. 51 be amended to delete the words "…of a similar size…" from paragraph two, after the words "…satellite community centres".

 

CARRIED

 

 


 

6(d)      REPORT NO. 52 - DEVELOPMENT SERVICES COMMITTEE

 

Council consented to separate Clauses (1) (4) & (5).

 

Moved by Councillor G. McKelvey

Seconded by Councillor J. Virgilio

 

That Report No. 52 - Development Services Committee be received and adopted.

 

August 25, 2003

 

(1)        ROUGE PARK PROPOSAL
            PLANTING OF THE TOMPION PROPERTY (10.3)

 

That the staff presentation regarding the Rouge Park Proposal and the planting of the Tompion property, be received;

 

And that the draft resolution as follows, be deferred to Committee of the Whole on August 26, 2003, and that representatives of Rouge Park Alliance be requested to attend:

 

"Whereas the Town of Markham participated in a purchase of the 40 acre property located at the northwest corner of Steeles Avenue and Ninth Line conditional that the acquisition not compromise the ability to complete future infrastructure projects including the extension of the Markham By-pass;

 

And whereas the Town of Markham has entered into an agreement with the purchasing partners and the Rouge Park Alliance requiring the conveyance of lands needed for the Markham By-pass extension on the subject property if required, subject to confirmation through the Environmental Assessment process;

 

And whereas the entire Steeles Avenue and Ninth Line property is located within the proposed study area for the Environmental Assessment Study for the Markham By-pass extension;

 

And whereas the Environmental Assessment process has commenced and is expected to identify proposed alignment configurations for the Markham By-pass by the summer of 2004;

 

And whereas the Rouge Park staff have requested and secured Provincial funding specific to the planting and restoration of the Steeles Avenue and Ninth Line property, to be spent in 2003;

 

And whereas the Town of Markham staff have identified to Rouge Park staff that planting and site restoration is premature and that new planting on the Steeles Avenue and Ninth Line property be considered after the EA process has been completed;


 

Let it therefore be resolved:

 

That the Town of Markham supports the Region of York Environmental Assessment process for the Markham By-pass and encourages the Region of York to fast-track the EA process to the extent possible;

 

And that the Town of Markham appreciates and acknowledges the Provincial support for restoration of Rouge Park lands provided through the ELAP program;

 

That the Town of Markham supports a planting and regeneration program for the Steeles Avenue and Ninth Line property consistent with the goal and objectives of the Rouge Park, once all the planned infrastructure requirements are met, including the protection of land for conveyance to the Region of York or other public bodies consistent with the agreement executed on December 11, 2002 signed by the Town, Region, MNR, Rouge Park Alliance and TRCA; 

 

That the Town of Markham recommend to the Rouge Park Alliance and TRCA to hold in abeyance the planting and restoration plans for the Steeles Avenue and Ninth Line site at least until the completion of the preferred route alignment options for the Markham By-pass are identified, to reduce the risk of potentially impacting and/or destroying new plant material within the Rouge Park;

 

And that the Town of Markham and Rouge Park Alliance request the Province (MNR) provide a one year extension for the approved ELAP funding for the Steeles Avenue and Ninth Line site;

 

And that the Rouge Park Alliance obtain support and/or approval from the other funding partners for the planting and regeneration proposal on the Steeles Avenue and Ninth Line property;

 

And that the Rouge Park Alliance and TRCA acknowledge the recommendations of the Town of Markham and provide assurance to the Town, that should they proceed with the replanting program as proposed, compensation for any costs associated with the impact and destruction of new vegetation planted in advance of confirmation and/or conveyance of road infrastructure requirements as identified in the purchase agreement will not be sought from the Town of Markham;

 

And that the Rouge Park Alliance and TRCA advise the Town of their decision."

 

WITHDRAWN

(See following motion to withdraw)

(See Committee of the Whole Motion (6))


            Moved by Councillor K. Usman

            Seconded by Councillor A. Chiu

 

            That Clause (1), Report No. 52 be withdrawn from the August 26, 2003 Council agenda.

 

CARRIED

 

 

(2)        SIXTEENTH AVENUE SEWER UPDATE (5.5)

 

That the staff presentation regarding the Sixteenth Avenue Sewers, be received;

 

And that staff provide an update regarding Department of Fisheries and Oceans requirements, at Committee of the Whole on August 26, 2003.

 

 

(3)        ROMANDALE FARMS LIMITED, AND          
            404 DEVELOPMENTS INCORPORATED, AND
            THE SLOVAK GREEK CATHOLIC CHURCH FOUNDATION
            10372 WOODBINE AVENUE
            REVISED RESIDENTIAL DRAFT PLAN OF SUBDIVISION
            AND ZONING BY-LAW AMENDMENT (SU 01 101288, ZA 01 110312)
            (10.7, 10.5)   Weblink

 

That the recommendation report entitled “Applications by the Co-ownership of Romandale Farms Limited and 404 Developments Incorporated and the Slovak Greek Catholic Church Foundation, 10372 Woodbine Avenue, for approval of a revised residential draft plan of subdivision and zoning by-law amendment, Files SU 01 101288 and ZA 01 101312”, be received;

 

And that the record of the Public Meeting held on July 9, 2001, relating to the application by the Co-ownership of Romandale Farms Limited and 404 Developments Incorporated and the Slovak Greek Catholic Church Foundation, 10372 Woodbine Avenue, for approval of a residential draft plan of subdivision and zoning by-law amendment, be received;

 

And that Draft Plan of Subdivision 19TM-01001 prepared by Design Plan Services Inc., identified as revised drawing number 0238-31 and dated July 3, 2003, be draft approved, subject to the red line revisions and conditions of draft plan approval set out in Appendix ‘A’ to the report, as amended as follows:

a)         That the second bullet of Clause 20.3, regarding relocation of the heritage building, be deleted;

b)         That no construction traffic be permitted through the hamlet of Victoria Square;

 

And that the applications to amend zoning by-laws 83-73, 304-87, and 177-96, and the implementing by-laws, set out in Appendix ‘B’ to this report, be enacted;

 

And that the Town confirms the water allocation of 300 units previously granted to this draft plan of subdivision in October 2001;


 

And that the Town reserves the right to revoke or reallocate water supply to the draft plan of subdivision should the development not proceed in a timely manner;

 

And that the applicant submit the required 30% subdivision processing fee;

 

And that the heritage property located at 10372 Woodbine Avenue be designated pursuant to Section IV of the Ontario Heritage Act;

 

And that the Clerk’s 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 the heritage properties. 

 

And that Heritage Markham and Planning staff continue negotiations with the owner regarding the disposition of the heritage building in a lot fronting onto Woodbine Avenue located within the plan of subdivision or another location fronting onto Woodbine Avenue;

 

And that the Town continue to work with the Victoria Square Ratepayers Association  regarding well monitoring, design of Woodbine Avenue townhouses and the location of the heritage house.

(By-laws 2003-282 to 2003-284)

 

CARRIED

 

 

(4)        SOLARINO HOLDINGS, 29 LAIDLAW BOULEVARD
            ZONING BY-LAW AMENDMENT TO ADD A USE TO THE
            EXISTING INDUSTRIAL (M) ZONE (ZA.03-112553) (10.5)    Weblink

 

That the record of Public Meeting held on July 7, 2003, entitled "Solarino Holding, Zoning By-law Amendment to Add a Use To The Existing Industrial (M) Zone, 29 Laidlaw Boulevard", be received;

 

And that the Zoning By-law Amendment application (ZA.03-112553) submitted by Solarino Holdings for a permanent by-law not be approved;

 

And that the proposed temporary use by-law attached as Appendix 'B' (attached to the staff report dated August 25, 2003) be approved and that the temporary use by-law be brought forward to Council on August 26.

(By-law 2003-287)

 

CARRIED AS AMENDED

(See following motion to amend)

(Councillor J. Heath abstained)

 


            Moved by Councillor G. McKelvey

            Seconded by Councillor J. Virgilio

 

            That Clause (4), Report No. 52 be amended to delete the words "… for 1st and 2nd reading, and that the 3rd reading not be presented to Council for enactment until the Owner has secured an appropriately zoned site to accommodate the off site storage of vehicles associated with the temporary motor vehicle sales establishment." from paragraph three.

 

CARRIED

 

 

(5)        DESIGNATION UNDER PART IV OF
THE ONTARIO HERITAGE ACT
9404 HIGHWAY 48, "THE MENNO RAYMER HOUSE" (16.11.3)     Weblink

 

That consideration of the decision by the Chief Administrative Officer, as delegated to him during the summer Council recess, to proceed to designate the Menno Raymer House at 9404 Highway 48 pursuant to Part IV of the Ontario Heritage Act, be ratified;

 

And that consideration of the matter of the designation of the house at 9404 Highway 48 be deferred to the September 16, 2003 Committee of the Whole meeting to allow the applicant to meet with Town staff, subject to the applicant providing the Town with a written undertaking not to demolish the subject building.

 

CARRIED

(See following motions to amend)

(See following recorded votes)

(See following motion which was not considered)

(See following motion which was withdrawn)

 

 

            Moved by Councillor K. Usman

            Seconded by Councillor A. Chiu

 

            That Clause (5), Report No. 52 be amended to read as follows:

 

            “That consideration of the decision by the Chief Administrative Officer, as delegated to him during the summer Council recess, to proceed to designate the Menno Raymer House at 9404 Highway 48 pursuant to Part IV of the Ontario Heritage Act, be ratified;”

 

CARRIED

(See following recorded vote) (8:4)


 

YEAS:             Mayor D. Cousens, Deputy Mayor F. Scarpitti, Regional Councillor T. Wong, Councillor E. Shapero, Councillor J. Virgilio, Councillor G. McKelvey, Councillor K. Usman, Councillor A. Chiu. (8)

 

NAYS:             Regional Councillor B. O'Donnell, Councillor S. Daurio, Councillor J. Heath, Councillor D. Horchik. (4)

 

ABSENT:        Regional Councillor G. Landon. (1)

 

 

            Moved by Councillor G. McKelvey

            Seconded by Regional Councillor T. Wong

           

            That Clause (5), Report No. 52 be amended to include the following as paragraph 2:

 

            “And that consideration of the matter of the designation of the house at 9404 Highway 48 be deferred to the September 16, 2003 Committee of the Whole meeting to allow the applicant to meet with Town staff, subject to the applicant providing the Town with a written undertaking not to demolish the subject building.”

 

CARRIED

(See following recorded vote) (9:3)

 

 

YEAS:             Mayor D. Cousens, Deputy Mayor F. Scarpitti, Regional Councillor T. Wong, Regional Councillor B. O'Donnell, Councillor J. Virgilio, Councillor G. McKelvey, Councillor J. Heath, Councillor K. Usman, Councillor A. Chiu. (9)

 

NAYS:             Councillor S. Daurio, Councillor E. Shapero, Councillor D. Horchik. (3)

 

ABSENT:        Regional Councillor G. Landon. (1)

 

 

That Heritage Markham’s recommendation to designate the Menno Raymer House at 9404 Highway 48 pursuant to 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;

 

And further that the application for demolition be denied.

 

NOT CONSIDERED


 

Moved by Regional Councillor T. Wong

Seconded by Councillor K. Usman

 

That consideration of approval of the Heritage Markham recommendation to designate the Menno Raymer House at 9404 Highway 48 pursuant to Part IV of the Ontario Heritage Act and the demolition of the Menno Raymer House, be deferred and referred to the September 16, 2003 Council meeting to facilitate the applicant obtaining an expert opinion on the matter;

 

And that such deferral be subject to the applicant providing a Letter of Undertaking not to demolish the subject building.

 

WITHDRAWN

 

 

(6)        DESIGNATION UNDER PART IV OF
THE ONTARIO HERITAGE ACT
9064 WOODBINE AVENUE, "THE BUTTONVILLE MILL HOUSE"
AND 2920 SIXTEENTH AVENUE, "THE WALKER HOMESTEAD"
(16.11.3)   Weblink

 

That correspondence from R.M. Turcotte, President of Eglinton Gold Enterprises Limited, dated August 25, 2003 advising the Demolition Permits for 9064 Woodbine Avenue and 2920 16th Avenue, have been withdrawn, be received;

 

And that Heritage Markham’s recommendation to designate the Buttonville Mill House at 9064 Woodbine Avenue and the Walker Homestead at 2920 Sixteenth Avenue, pursuant to 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;

 

And that the withdrawal of the demolition permits by the applicant, be acknowledged.

 


 

(7)        PARKLAND PRINCIPLES - MARKHAM CENTRE (10.3)

 

That the staff presentation regarding the Parkland Principles for Markham Centre, be received;

 

And that a committee, consisting of the following members, be formed to work with the principals of Tenstone Development Inc., to resolve the application of the Markham Centre Parkland Principles to the approved development at the northwest corner of Highway 7 and Town Centre Boulevard:

            John Livey (Chair)

            Mayor Cousens

            Deputy Mayor Scarpitti

            Councillor George McKelvey

            Councillor Dan Horchik

 

And that staff report back to Development Services Committee on September 9, 2003, regarding resolution of parkland issues in relation to the Tenstone application and the Tenstone Development Agreement.

 

 

(8)        ANGUS GLEN DEVELOPMENTS
            SOUTH OF MAJOR MACKENZIE DRIVE, WEST OF KENNEDY ROAD
            ZONING BY-LAW AMENDMENT (SA 02 117462, ZA 03 114485) (10.5)

 

That the Memorandum from the Development Services Commission dated July 16, 2003, entitled "Delegation of authority to CAO, Angus Glen Development - Phase 6, Application for Zoning By-law Amendment, Draft Plan 19T-95026, Authorization to call a Public Meeting", be received;

 

And that the Record of the Public Meeting held on August 25, 2003, with respect to the proposed amendments to By-laws 304-87 and 177-96, as amended, be received;

 

And that the applications by Angus Glen Development to amend By-laws 304-87 and 177-96, as amended, be approved;

 

And that the proposed amendments to By-laws 304-87 and 177-96, as amended, be enacted without further notice.

(By-laws 2003-285 and 2003-286)

 

 

(9)        1302336 ONTARIO LIMITED, 165 MAIN STREET NORTH
            ZONING BY-LAW AMENDMENT (ZA 03 108452) (10.5)

 

That the Development Services Commission Report dated July 7, 2003, entitled "1302336 Ontario Ltd. Application for Zoning By-law Amendment and Site Plan Approval to convert a Dwelling to a Business Office, 165 Main Street North, Markham (ZA 03 108452 and SC 03 108460)" be received;


 

And that the Record of the Public Meeting held on August 25, 2003, with respect to the application to amend By-law 1229 be received;

 

And that the application by 1302336 Ontario Limited to amend By-law 1229 be approved;

 

And that the proposed amendment to By-law 1229 be enacted without further notice;

 

And further that the Site Plan Approval application by 1302336 be referred back to staff for a final report and recommendation.

 

CARRIED

 

 

 

7.         MOTIONS

 

Council consented to add Motion (1).

 

(1)        EASTERN MARKHAM STRATEGIC REVIEW
            FINAL REPORT (10.8)

 

Moved by Councillor J. Virgilio

Seconded by Regional Councillor B. O’Donnell

 

That the deputation of Sam Orrico offering his assistance with respect to the tenant purchase program, be received.

 

CARRIED

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

 

 

 

8.         COMMUNICATIONS

 

Council consented to add Communication No. 213-2003.

 

Moved by Councillor A. Chiu

Seconded by Councillor J. Virgilio

 

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

 

Received

191-2003         Town of Milton - Forwarding a resolution regarding the erosion of Municipal Council authority set out in the policy paper "The Road Ahead - A Fair Deal for Municipalities". (13.5.2)


 

192-2003         Town of Newmarket - Forwarding information regarding the sale of the Office Specialty Building, located at 543 Timothy Street. (13.5.2)

 

193-2003         The Regional Municipality of York Police Services Board - Forwarding information regarding the resolution of the Town of Markham for the implementation of photo-radar and increased police enforcement of traffic violations. (5.12 & 13.4.10)

 

194-2003         City of Toronto - Forwarding a resolution in support of the defence against the appeal to stop the sale of Hydro One. (13.5.2)

 

195-2003         Town of Penetanguishene - Forwarding a resolution requesting the Province of Ontario to increase the payment-in-lieu of taxes paid to municipalities where hospitals are located. (13.5.2)

 

Referred to all Members of Council

196-2003         Proclamation - Autism Awareness Month - October, 2003. (3.4)

 

197-2003         Proclamation - Don Watershed Day - September 14, 2003. (3.4)

 

198-2003         The Regional Municipality of York - Advising of the closing of the Major Mackenzie Drive between Markham Road and Ninth Line from 6:00 a.m. on Sunday, September 7, 2003 until 6:00 p.m. on Monday, September 8, 2003.  This section of the road will again be closed from 7:00 a.m. until 3:00 p.m. on Sunday, September 14, 2003. (13.4)

 

199-2003         Liquor Licence Application - Request to complete the Alcohol and Gaming Commission Municipal Information Form for Bombay Bhei Restaurant, 230 Commerce Valley Drive East, Units 3 & 4, Markham (indoor and outdoor). (3.21)

 

200-2003         Liquor Licence Application - Request to complete the Alcohol and Gaming Commission Municipal Information Form for Baton Rouge Restaurant, 230 Commerce Valley Drive East, Unit 7, Markham (indoor and outdoor). (3.21)

 

201-2003         Liquor Licence Application - Request to complete the Alcohol and Gaming Commission Municipal Information Form for Brix - Napa Valley Grille & Wine Bar, 230 Commerce Valley Drive East, Unit 1, Markham (indoor and outdoor). (3.21)

 

202-2003         Liquor Licence Application - Request to complete the Alcohol and Gaming Commission Municipal Information Form for Deluxe Chinese Cuisine, 8601 Warden Avenue, Units 4 to 6, Markham (indoor). (3.21)

 

203-2003         Liquor Licence Application - Request to complete the Alcohol and Gaming Commission Municipal Information Form for Colonel Mustards Pub & Deli, 6545 Highway No. 7 east, Units 20-22 (indoor). (3.21)


 

204-2003         Liquor Licence Applications during summer recess:
1.  The Major Milliken Pub House & Eatery, 7710 Kennedy Road (approved - outdoor).
2.  Jakes on Main Pub & Grille, 202 Main Street Unionville (denied - indoor and outdoor). (3.21)

 

205-2003         Unionville BIA - Request to close Main Street Unionville from north of Victoria Avenue to Carlton Road on September 1, 2003 from 8:00 a.m. to 5:00 p.m. to facilitate the Holiday Day on Main Street Unionville. (3.5)
(By-law 2003-269)

 

206-2003         Unionville BIA - Request to close the following streets on December 5, 2003 from 5:45 p.m. to 11:00 p.m. to facilitate the Olde Tyme Christmas:
- Main Street Unionville from Euclid Street to north of Carlton Road
- Carlton Road from Main Street Unionville to Pomander Road
- Station Lane from Main Street Unionville to Eureka Street. (3.5)
(By-law 2003-270)

 

207-2003         First Markham Place Management Office - Request to close Rodick Road from south of Highway 7 to the private road that is presently closed due to construction on September 6, 2003 from 8:00 p.m. to 11:00 p.m. to facilitate the Fall Extravaganza. (3.5)
(By-law 2003-271)

 

208-2003         Markham Village BIA. – Forwarding a request for approval to temporarily extend the operating area of The Duchess of Markham, The Fox & Fiddle and Red Hot Bistro during the Olden Days & Antique Cars Festival being held on September 7, 2003 from 10:00 a.m. to 5:00 p.m. to facilitate the temporary extension of liquor licenses by the Alcohol and Gaming Commission of Ontario. (3.21)

 

213-2003         Proclamation - National Payroll Week - September 8 to 12, 2003. (3.4)

 

Referred to Commissioner of Community & Fire Services

209-2003         Ministry of Environment - Forwarding information regarding the roles and responsibilities of owners and operators of municipal drinking-water systems. (13.2)

 

210-2003         Association of Municipalities of Ontario - Advising that the Ministry of Health and Long-Term Care is currently notifying municipalities and District Social Services Administration Boards (DSSABs) responsible for ambulance services that the Judson Street Stores will be closed by March 31, 2004 and forwarding information with respect thereto. (13.12.2)

 

Referred to Commissioners of Development Services & Community & Fire Services

211-2003         Association of Municipalities of Ontario - Forwarding Provincial Regulations under Bill 81, the Nutrient Management Act (NMA). (13.12.2)


 

Referred to Commissioners of Development Services & Corporate Services

212-2003         The Regional Municipality of York - Forwarding a resolution regarding a request for a conditional grant equal to the Regional development charges from Ling-Liang Church. (13.4)

 

CARRIED

 

 

 

9.         BY-LAWS

 

Council consented to add by-laws 2003-279 to 2003-287.

 

Moved by Councillor A. Chiu

Seconded by Councillor J. Virgilio

 

That By-laws 2003-269 to 2003-287 be given three readings and enacted.

 

Three Readings

BY-LAW 2003-269    A by-law to close Main Street Unionville from north of Victoria Avenue to Carlton Road on September 1, 2003 from 8:00 p.m. to 5:00 p.m. to facilitate the Holiday Day on Main Street Unionville.
(Communication No. 205-2003)

 

BY-LAW 2003-270    A by-law to close various streets in the Town of Markham on December 5, 2003 from 5:45 p.m. to 11:00 p.m. to facilitate the Olde Tyme Christmas on Main Street Unionville.
(Communication No. 206-2003)

 

BY-LAW 2003-271    A by-law to close Rodick Road from south of Highway No. 7 to the private road that is presently closed due to construction on September 6, 2003 from 8:00 p.m. to 11:00 p.m. to facilitate the First Markham Place Fall Extravaganza.
(Communication No. 207-2003)

 

BY-LAW 2003-272    A by-law to designate part of a certain plan of subdivision not subject to Part Lot Control (Merano Developments Inc., north of 16 Avenue, east of Highway 48, Blocks 295 and 298, Plan 65M-3600 and Blocks 26 & 27, Plan 65M-3662.)

 

BY-LAW 2003-273    A by-law to designate part of a certain plan of subdivision not subject to Part Lot Control (Aspen Ridge Homes (Cornell) Ltd., Bur Oak Avenue, south of 16th Avenue, Blocks 1 to 17, Plan 65M-3637.)


 

BY-LAW 2003-274   A by-law to designate part of certain plan of subdivision not subject to Part Lot Control (Abidien Inc., Helen Avenue, east of Kennedy Road, Blocks 10 to 15, Plan 65M-3680 and Blocks 10 to 14, Plan 65M-3687.)

 

BY-LAW 2003-275    A by-law to amend Zoning By-law 19-94, as amended (Giuseppina Dimartino, 8971 Woodbine - To remove the (H) Hold provision).

 

BY-LAW 2003-276    A by-law to authorize the execution of a Transfer/Deed of Land to the Regional Municipality of York for lands legally described as Part of Lot 21, Concession 5, designated as Parts 1 and 2, Plan 65R-26082 (Angus Glen Community Centre).
(Clause 11, Report No. 46, 2003)

 

BY-LAW 2003-277    A by-law to amend Parking By-law 336-88 (Harlech Court parking prohibition.)
(Motion (2) - July 8, 2003)

 

BY-LAW 2003-278    A by-law to confirm the proceedings of the Council meeting of August 26, 2003.
(Council Meeting No. 17, 2003)

 

BY-LAW 2003-279    A by-law to amend Sign By-law 2002-94 (To allow for the size of any election sign on a Town of Markham road allowance to be a maximum of 1.5 square metres and a minimum of 1.0 square metre.)
(Clause 2, Report No. 51, 2003)

 

BY-LAW 2003-280    A by-law to authorize the execution of a Transfer of Easement to Markham Hydro for the installation of a switchgear over lands legally described as Part of Block 206, Plan 65M-3519, designated as a Part on a Reference Plan to be deposited (180 Mingay Avenue).
(Clause 12, Report No. 51, 2003)

 

BY-LAW 2003-281    A by-law to authorize the execution of a Sublease Agreement between the Town of Markham, Markham Hydro Distribution Inc. and Markham District Energy Inc. for lands municipally known as 8100 Warden Avenue.
(Clause 13, Report No. 51, 2003)

 

BY-LAW 2003-282    A by-law to amend Zoning By-law 83-73, as amended (Romandale Farms Limited, 404 Developments Incorporated and the Slovak Greek Catholic Church Foundation, 10372 Woodbine Avenue - To delete lands on the west side of Woodbine Avenue immediately south of Victoria Park from the subject by-law so they can be incorporated into Zoning By-law 177-96, as amended to accommodate the approval of a residential draft plan of subdivision.)
(Clause 3, Report No. 52, 2003)


 

BY-LAW 2003-283    A by-law to amend Zoning By-law 304-87, as amended (Romandale Farms Limited, 404 Developments Incorporated and the Slovak Greek Catholic Church Foundation, 10372 Woodbine Avenue - To delete lands on the west side of Woodbine Avenue between Major Mackenzie Drive and Elgin Mills Road from the subject by-law so they can be incorporated into Zoning By-law 177-96, as amended to accommodate the approval of a residential draft plan of subdivision.)
(Clause 3, Report No. 52, 2003)

 

BY-LAW 2003-284    A by-law to amend Zoning By-law 177-96, as amended (Romandale Farms Limited, 404 Developments Incorporated and the Slovak Greek Catholic Church Foundation, 10372 Woodbine Avenue - To accommodate the approval of a residential draft plan of subdivision.)
(Clause 3, Report No. 52, 2003)

 

BY-LAW 2003-285    A by-law to amend Zoning By-law 304-87, as amended (Angus Glen Developments - Phase 6, 19T-95026, south of Major Mackenzie Drive and west of Kennedy Road -To delete the subject lands from By-law 304-87, as amended so they can be incorporated into By-law 177-96, as amended to implement a draft plan of subdivision.)
(Clause 8, Report No. 52, 2003)

 

BY-LAW 2003-286    A by-law to amend Zoning By-law 177-96, as amended (Angus Glen Developments - Phase 6, 19T-95026, south of Major Mackenzie Drive and west of Kennedy Road -To implement a draft plan of subdivision.)
(Clause 8, Report No. 52, 2003)

 

BY-LAW 2003-287    A by-law to amend Zoning By-law 1229, as amended (Solarino Holdings, 29 Laidlaw Boulevard - To permit a motor vehicle sales establishment for a period of three years.)
(Clause 4, Report No. 52, 2003)

 

CARRIED

 

 


 

10.       ADJOURNMENT

 

Moved by Councillor A. Chiu

Seconded by Councillor J. Virgilio

 

That the meeting do adjourn.

CARRIED

 

Council adjourned at 8:15 p.m.

 

 

 

 

 

 

___________________________________        ___________________________________

SHEILA BIRRELL, TOWN CLERK                    DON COUSENS, MAYOR

 

(Signed)

 

 

 

 

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