2002-09-17 -7:00 p.m.

COUNCIL MINUTES  Council Chamber, Civic Centre

 

(Canada Room)

COMMITTEE OF THE WHOLE

 

ROLL CALL

Deputy Mayor F. Scarpitti, Regional Councillor G. Landon, Regional Councillor T. Wong (5:20 p.m.), Regional Councillor B. O'Donnell, Councillor S. Daurio, Councillor E. Shapero (5:15 p.m.), Councillor J. Virgilio (5:20 p.m.), Councillor G. McKelvey, Councillor J. Heath, Councillor D. Horchik, Councillor K. Usman (5:40 p.m.), Councillor A. Chiu. (12)

 

 

Regrets

Mayor D. Cousens. (1)

 

Moved by Councillor A. Chiu

Seconded by Councillor G. McKelvey

 

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

 

1.         York Region District School Board Capital Project List 2002-2005 (13.6.1)

2.         Appointments - Pesticide Reduction Steering Committee (16.24)

3.         Interim Control By-Law - Markham Road Corridor Study (10.0)

4.         Confidential Personnel Issue (11.0)

 

CARRIED

 

The Regular Meeting of Council was held on September 17, 2002 at 7:07 p.m. in the Council Chamber, Civic Centre.  Deputy Mayor F. Scarpitti presided.

 

 

(Council Chambers)

COUNCIL

 

ROLL CALL

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. (11)

 

 

Regrets

Mayor D. Cousens, Regional Councillor G. Landon. (2)

 

STAFF

J. Livey, Chief Administrative Officer

J. Baird, Acting Commissioner of Development Services

S. Birrell, Town Clerk

B. Cribbett, Treasurer

P. Miller, Acting Manager, Secretariat Services

B. Nanninga, Executive Assistant

R. Robinson, Town Solicitor

J. Sales, Commissioner of Community and Fire Services

M. Scott, Executive Coordinator to the CAO

A. Taylor, Commissioner of Corporate Services

M.F. Turner, Commissioner of Development Services

 

 

 

1.         DISCLOSURE OF PECUNIARY INTEREST

 

Councillor K. Usman disclosed an interest with respect to Clause 10, Report 46 (Other Committee Proceedings - Development Services Committee Minutes - Item 15), 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 disclosed an interest with respect to Clause 10, Report 46 (Other Committee Proceedings - Development Services Committee Minutes - Item 21), the application by Loblaws Property Ltd., at 200 Bullock Drive, by nature of owning property nearby, and did not take part in the

 

Councillor G. McKelvey disclosed an interest with respect to Clause 10, Report 46 (Other Committee Proceedings - Development Services Committee Minutes - Item 22-3), the site plan for Markville Mall 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.

 

Councillor J. Heath disclosed an interest with respect to Clause 10, Report 46 (Other Committee Proceedings - Development Services Committee Minutes - Item 22-3), the site plan for Markville Mall by nature of the mall being owned by the Ontario Teacher’s Pension Plan Fund of which his mother is a member and did not take part in the consideration or discussion of or vote on the question of the approval of such matter.

 

Councillor D. Horchik disclosed an interest with respect to Clause 10, Report 46 (Other Committee Proceedings - Development Services Committee Minutes - Item 22-7), the site plan for 125 John Street, by nature of his brother-in-law owning 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.

 

 

2.         REPORT OF THE COMMITTEE OF THE WHOLE

 

Moved by Councillor J. Virgilio

Seconded by Regional Councillor B. O'Donnell

 

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

 

CARRIED

 

Deputy Mayor F. Scarpitti reported the following motions passed at the Committee of the Whole meeting:

 

(1)        YORK REGION DISTRICT SCHOOL BOARD
            CAPITAL PROJECT LIST 2002-2005 (13.6.1)

 

That the presentation by Ralph Benson, Superintendent of Corporate Planning, Jane Ross, Coordinator of Land Use Planning, Lewis Morgulis, Coordinator of Accommodation Planning, with the York Region District School Board and Bill Crothers, Trustee, York Region District School Board, regarding the Board's Capital Strategy 2002-2005, be received;

 

And that the issue of the stockpiling of soil on school sites be referred to staff.

 

 

(2)        APPOINTMENTS - PESTICIDE REDUCTION
            STEERING COMMITTEE (16.24)

 

Pesticide Reduction Steering Committee

That the following two persons be appointed to the Pesticide Reduction Steering Committee:

      Ken Pavely                                     -     representing pesticide (chemical) lawn care

      Mitchell Levine                               -     representing natural (non-chemical) lawn care.

 

 

(3)        INTERIM CONTROL BY-LAW
            MARKHAM ROAD CORRIDOR STUDY (10.0)

 

That the report entitled "Markham Road Corridor Interim Control By-law", dated September 17, 2002, be received;

 

And that Council direct staff to undertake a land use study to identify appropriate uses and zoning standards for the lands along the Markham Road corridor, between 14th Avenue and Steeles Avenue;

 

And that the draft interim control by-law for the Markham Road corridor, be enacted without further notice.

(By-law 2002-215)

 

(4)        CONFIDENTIAL PERSONNEL ISSUE (11.0)

 

That the resignation of Rob Robinson be accepted with regret;

 

And that a Search Committee of three (3) Members of Council be appointed to assist in the recruitment of a new Town Solicitor;

 

And that the Search Committee be comprised of the following Members of Council:

 

                        Regional Councillor B. O'Donnell

                        Councillor G. McKelvey

                        Councillor J. Virgilio.

 

 

Moved by Regional Councillor T. Wong

Seconded by Regional Councillor B. O'Donnell

 

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

 

CARRIED

 

 

 

3.         MINUTES

 

(1)        COUNCIL MINUTES
            - SEPTEMBER 3, 2002

 

Moved by Councillor J. Virgilio

Seconded by Councillor E. Shapero

 

That the Minutes of the Council Meeting held on September 3, 2002, be adopted.

 

CARRIED

 

 

 

4.         DELEGATIONS

 

Council consented to add Delegations (3) to (9).

 

(1)        Ronald Webb, Q.C., Davis Webb Schulze & Moon, Barristers and Solicitors, - on behalf of Roseport Developments Inc./Landport Developments Inc. regarding the request for amendment to site plan conditions for the Constrada recycling facility at 350 Yorktech Drive. (10.6) (Clause 6, Report No. 46, 2002)

 

(2)        Sam Orrico - to express his concerns regarding the need for a by-law to control and minimize dust at construction sites. (10.0) (Communication No. 254-2002)

 

(3)      Winnifred Ng, 99 Braeside Square, in objection to amending the conditions regarding restricting truck traffic and hours of operation placed on ConStrada for the recycling facility at 350 Yorktech Drive. (10.5, 10.6) (Report 46, Clause 6).

 

(4)      Grace Ng, 102 Hollingham Drive, in objection to amending the conditions regarding restricting truck traffic and hours of operation placed on ConStrada for the recycling facility at 350 Yorktech Drive. (10.5, 10.6) (Report 46, Clause 6).

 

(5)      Patricia Lau, 59 Calderbridge Crescent, in objection to amending the conditions regarding restricting truck traffic and hours of operation placed on ConStrada for the recycling facility at 350 Yorktech Drive. (10.5, 10.6) (Report 46, Clause 6).

 

(6)      Chan Wai Fan, 62 Red Oak Drive, through a translator in objection to amending the conditions regarding restricting truck traffic and hours of operation placed on ConStrada for the recycling facility at 350 Yorktech Drive. (10.5, 10.6) (Report 46, Clause 6).

 

(7)      Doug Lawrance, 30 Blackwell Court, in objection to the recycling operation and specifically in objection to amending the conditions regarding restricting truck traffic and hours of operation placed on ConStrada for the recycling facility at 350 Yorktech Drive. (10.5, 10.6) (Report 46, Clause 6).

 

(8)      Joan Dougall, 36 Blackwell Court, in objection to the recycling operation and specifically in objection to amending the conditions regarding restricting truck traffic and hours of operation placed on ConStrada for the recycling facility at 350 Yorktech Drive. (10.5, 10.6) (Report 46, Clause 6).

 

(9)      Patrick O'Hanlon, Angus Glen Development, to request an amendment to the conditions of approval for sanitary sewer to service the Angus Glen Community Centre in connection with the West Village. (10.0, 5.5, 5.7) (Report 46, Clause 2).

 

 

 

5(a)      REPORT NO. 45 - FINANCE & ADMINISTRATIVE COMMITTEE

 

Council consented to separate Clauses (2), (3), (5), (6) and (11).

 

Moved by Councillor G. McKelvey

Seconded by Councillor S. Daurio

 

That Report No. 45 - Finance & Administrative Committee be received and adopted.

 

September 9, 2002

 

(1)        HERITAGE CHAMPIONS - OFF-TRACK BETTING
            144 MAIN STREET MARKHAM (2.0)

 

That the deputation by Ms. Lesley Patterson, Heritage Champions, 144 Main Street Markham, with respect to extending the hours of operation, be received;

 

And that the request from Heritage Champions for a letter of support for an extension to their hours of operation for the Hong Kong Races be received;

 

And that a public consultation process be held, consisting of a notice to all owners/tenants within a 300 metre radius, including property south to Highway #7, north to Bullock Drive, west to Windridge Drive and east to George Street, as well as publication in the Economist and Sun; and notice to interested parties, the Markham BIA and the Main Street Markham Committee.

 

 

(2)        CENTENNIAL COMMUNITY CENTRE EXPANSION (6.6 & 7.5)

Council consented to a division on the question.

 

Moved by Councillor J. Heath

Seconded by Councillor J. Virgilio

 

That the report entitled "Centennial Community Centre Expansion", dated September 9, 2002, be received;

 

CARRIED

 

And that Council approve hiring an architect to design an expansion of Centennial Community Centre;

 

And that a report be submitted to Council through an Executive Steering Committee establishing the building design, the project budget, and a detailed schedule for completion of this project when the schematic design stage is complete;

 

And that the Executive Steering Committee review the project to expand Centennial Community Centre, to see if there are opportunities for some of the recreational components to be located elsewhere;

 

And that the Executive Steering Committee be comprised of the following members:

            Councillor J. Virgilio (Ward Councillor)

            Councillor J. Heath (Chair of the Community Services Committee)

            Regional Councillor F. Scarpitti

            Regional Councillor T. Wong

            Councillor G. McKelvey

            Chief Administrative Officer

            All Commissioners

CARRIED

 

 

And that the Executive Steering Committee be requested to report back, with recommendations, to the Finance & Administrative Committee within two to four weeks;

 

And that Council approve the allocation of approximately ten percent of the total project cost, inclusive of GST, to an upset limit of $400,000 from the Development Charge Reserve account for the design of the Centennial Community Centre, account #070 5350 4987 005.

 

CARRIED AS AMENDED

(See following motion to amend)

 

            Moved by Councillor J. Heath

            Seconded by Councillor J. Virgilio

 

            That Clause (2), Report No. 45 be amended to add the following as Paragraphs 2 and 3:

 

                  "And that Council approve hiring an architect to design an expansion of Centennial Community Centre;

 

                  And that a report be submitted to Council through an Executive Steering Committee establishing the building design, the project budget, and a detailed schedule for completion of this project when the schematic design stage is complete;"

 

            And that Paragraph 2 be deleted in its entirety and the following be substituted therefor as paragraph 4:

 

                  "And that the Executive Steering Committee review the project to expand Centennial Community Centre, to see if there are opportunities for some of the recreational components to be located elsewhere;"

 

            And that the following be added as the last paragraph:

 

                  "And that Council approve the allocation of approximately ten percent of the total project cost, inclusive of GST, to an upset limit of $400,000 from the Development Charge Reserve account for the design of the Centennial Community Centre, account #070 5350 4987 005."

 

CARRIED

 

 

(3)        AWARD OF SINGLE SOURCE 140-S-02 FOR 2 FIRE PUMPERS
            (7.12 & 7.15 & 7.5)

 

Moved by Councillor J. Heath

Seconded by Councillor A. Chiu

 

That the proposal for two (2) - 8000 1/min. Pumper Fire Apparatus be awarded to Safetek Emergency Vehicles in the amount of $1,236,000.00;

 

And that funding for this award is available as follows:

 

            - that funding in capital account #67-6150-4766-005, in the amount of $776,000.00

                  be applied to the purchase;

 

            - that the proceeds, $151,000.00, from the disposal of Fire vehicle #957 be transferred

                  from the Major Capital Repair/Replacement Reserve, account #86-2700-200; and

 

            - that the remaining balance of $308,200.00 be funded from the Major Capital

                  Repair/Replacement Reserve, account #86-2700-200 and the reserve account be

                  repaid upon the sale of identified fire apparatus.

 

CARRIED

 

 

(4)        AWARD OF TENDER 119-T-02 FOR RODICK ROAD
            PEDESTRIAN BRIDGE AND TRAIL (7.12 &7.5)

 

That tender 119-T-02 for the construction of the Rodick Road Pedestrian Bridge and Trail be awarded to the lowest acceptable bidder, Dynex Construction Limited in their tender amount of $220,192.09 inclusive of 7% GST ($211,960.61 inclusive of 3% GST);

 

And that the current construction tender be in addition to expenses committed to be paid to Marshall Macklin Monaghan for design and contract administration for this project, including the geo-technical investigations completed in March 2002;

 

And that funds be provided from Urban Design's 2000 Capital Budget account #81-5350-3613-005;

 

And further that an additional $45,439.11 from the Development Charges Reserve Fund be allocated to this project and transferred to account #81-5350-3613-005 such that the total approved capital budget increases from $200,000 to $245,439.11 (inclusive of 3% GST) in order to cover all anticipated expenses associated with the design, construction and contract administration of the Rodick Road Pedestrian Bridge and Trail.

 

 

(5)        CONSTRUCTION OF MCLAREN PARK (6.3 & 7.12)

Moved by Councillor J. Heath

Seconded by Regional Councillor T. Wong

 

That the tender 079-T-02 for the Construction of McLaren Park be awarded to the lowest qualified bidder, Loc-Pave Construction Limited, in their tender amount of $1,173,790.00 inclusive of 7% GST ($1,129,910.00 inclusive of 3% GST) and in their provisional work amount of $78,110.00 inclusive of 7% GST ($75,190.00 inclusive of 3% GST) which totals $1,251,900.00 inclusive of 7% GST ($1,205,100.00 inclusive of 3% GST);

 

And that the award be funded from Urban Design’s 1998, 1999, 2000, and 2002 Capital Account no(s), respectfully: 81-5300-010-005, 81-5300-030-005, 81-5350-3614-005, and 81-5350-4711-005;

 

And that staff and the residents on the Steering Committee be commended for their excellent work on this project during the past four years

 

CARRIED AS AMENDED

(See following motion to amend)

 

            Moved by Councillor J. Heath

            Seconded by Regional Councillor T. Wong

 

            That Clause (5), Report No. 45 be amended to add the words "and the residents on the Steering Committee" to the last paragraph, after the words "And that staff …".

 

CARRIED

 

 

(6)        2003 RECREATION USER FEES (6.4)

Moved by Councillor G. McKelvey

Seconded by Councillor S. Daurio

 

That the proposed 2003/2004 fee increases per Appendix A for Recreation Services be approved;

 

And that the increases for aquatic swim lessons, recreation programs and camps be effective January 1, 2003;

 

And that the increase for ice and soccer rentals be effective for September 1, 2003;

 

And that the additional fee for non-resident registration be increased from $5.00 to $10.00 per program effective the Winter 2003 registration period;

 

And that staff be requested to consider the feasibility of establishing a policy regarding recreation user fees that would give staff the flexibility to increase fees according to the cost of living/rate of inflation, as necessary, and to also consider the realignment of user fees by percentage of annual cost.

 

CARRIED

(See following recorded vote) (7:2)

(See following motion to amend which was Lost)

 

YEAS:             Deputy Mayor F. Scarpitti, Regional Councillor B. O'Donnell, Councillor S. Daurio, Councillor J. Virgilio, Councillor G. McKelvey, Councillor D. Horchik, Councillor A. Chiu. (7)

 

NAYS:             Regional Councillor T. Wong, Councillor J. Heath. (2)

 

            ABSENT:        Mayor D. Cousens, Regional Councillor G. Landon, Councillor E. Shapero, Councillor K. Usman. (4)

 

Moved by Councillor J. Heath

Seconded by Regional Councillor T. Wong

 

That Clause (6), Report No. 45 be amended to add the following words to the end of the last paragraph:

 

            "…at a 70% cost recovery."

 

LOST

 

(7)        PETERBOROUGH FLOOD RELIEF COMMITTEE
(7.6 & 13.5.2)

 

That the letter dated August 15, 2002 requesting financial support for the Peterborough

Flood Relief Committee, established to provide assistance to residents who suffered losses during the June 11 and June 12 natural disaster, be received;

 

And that approval be granted to provide financial assistance in the amount of $1,000 to the Peterborough Flood Relief Committee fundraising campaign.

 

 

(8)        HOSPICE-THORNHILL - FUND-RAISING EVENT - CHARITY
GALA DINNER AND AUCTION - OCTOBER 18, 2002 (12.2.6)

 

That, in future, all requests for fundraising; sponsorships, corporate tables, and donations, be referred to the Town Clerk for consideration and report to the Finance & Administrative Committee;

 

And that the Town of Markham purchase a table of ten at a cost of $1,000.00 for the annual Charity Gala Dinner and Auction for Hospice-Thornhill to be held at the Bayview Country Club on Friday, October 18, 2002;

 

And that staff be requested to canvass Members of Council to determine attendance.

 

 

(9)        MILNE CREEK RESTORATION PROJECT (7.12)

 

That additional funds in the amount of $100,000 be provided from the Town's Pre-DCA reserve fund to cover the tendered price for the Milne Creek Restoration project.

 

 

(10)      GENDER EQUALITY & LOCAL GOVERNANCE WORKSHOP
FEDERATION OF CANADIAN MUNICIPALITIES
SEPTEMBER 25-27, 2002, GATINEAU, QUEBEC (11.12 & 16.23)

 

That approval be granted for Councillor Erin Shapero to travel out of province to attend the Federation of Canadian Municipalities (FCM) Workshop on Gender Equality and Local Governance, being held September 26-27, 2002 in Gatineau, Quebec, with costs to be paid at the discretion of the Treasurer.

 

 

(11)      OTHER COMMITTEE PROCEEDINGS
            - MINUTES OF FINANCE & ADMINISTRATIVE
            COMMITTEE MEETING – SEPTEMBER 9, 2002 (16.0)

 

Moved by Councillor J. Heath

Seconded by Regional Councillor T. Wong

 

That the Finance & Administrative Committee minutes dated September 9, 2002 be received.

 

CARRIED

 

 

 

5(b)      REPORT NO. 46 - DEVELOPMENT SERVICES COMMITTEE

 

Council consented to separate Clauses (1), (2), (6), (7) and (10).

 

Moved by Councillor G. McKelvey

Seconded by Councillor J. Virgilio

 

That Report No. 46 - Development Services Committee be received and adopted.

 

September 10, 2002

 

(1)        ANGUS GLEN COMMUNITY CENTRE - SCREENING BERM (10.0)

 

Moved by Councillor D. Horchik

Seconded by Councillor G. McKelvey

 

That the presentation by Mr. Alan Wolfe, Project Consultant, Angus Glen Community Centre and Library, and Mr. Patrick O'Hanlon of Angus Glen, with respect to the Angus Glen Golf Course Screening Berm Study, be received;

 

And that the depositing of excess topsoil from the Angus Glen Community Centre construction site onto the Angus Glen Golf Course property for construction of berms be approved, conditional upon the Angus Glen Golf Course entering into an agreement with the Town to confirm the following arrangements with the Town of Markham, satisfactory to the Town Solicitor:

 

    1.     That 50% of the savings on the construction contract for the Angus Glen Community Centre as a result of depositing top soil on Angus Glen Golf Course property be allocated to Angus Glen Golf Course, for shaping and landscaping of the berms.

 

    2.     That the subject berms are to be constructed in accordance with, or lower than, the elevations and design indicated on the plans submitted by Staff Landscape Incorporated, SK-2 and SK-3, dated September 5, 2002.

 

CARRIED

 

(2)        ANGUS GLEN DEVELOPMENT LTD.
ENVIRONMENTAL IMPACT STUDY FOR SANITARY SEWER
TO SERVICE ANGUS GLEN COMMUNITY CENTRE (10.0, 5.5, 5.7)

 

Moved by Councillor G. McKelvey

Seconded by Councillor J. Heath

 

That the Environmental Impact Study by Gartner Lee dated August 2002 for the sanitary sewer proposed to service the Angus Glen Community Centre be approved subject to the following conditions:

-           implementation of the recommendations of the Environmental Impact Study dated August 22, 2002 by Gartner Lee;

 

-           the final alignment of the sewer to be established in the field to minimize the impact on existing vegetation and encroachment into the buffer strip whenever possible (A3, A4, A5, A6);

 

-           the utilization of trenchless technology (auguring) and/or trench box construction methods to minimize environmental impact;

 

-           submission of a planting plan including a phasing plan for the restoration and enhanced landscaping of the valley land buffer strip;

 

-           submission of a geotechnical report which supports the recommendations of the Environmental Impact Study and addresses slope stability matters;

 

-           sediment controls be installed to the satisfaction of the Director of Engineering and TRCA;

 

-           compliance with TRCA requirements.

 

-           provision for a well monitoring program be undertaken, prior to any de-watering activities, to the satisfaction of the Town;

 

-           Angus Glen and staff apply best efforts in examining the re-location of the temporary section of the sanitary sewer outside of the environmental buffer strip; and

 

-           prior to any future draft plan approval of the West Village, staff report on the location of the permanent sanitary sewer in relation to the ultimate environmental buffer and present options available for relocating the permanent sanitary sewer.

 

CARRIED

 

 

(3)        IMPERIAL OIL LIMITED, 380 MAIN STREET N., MARKHAM
            REZONING APPLICATION (ZA 01 115564) (10.5)

 

That the Zoning by-law amendment application (ZA 01 115564) to permit a retail commercial use (convenience store) as a permitted use within the existing Highway Commercial zoning, and to recognize site specific development standards, be approved and the Zoning By-law be enacted without further notice.

(By-law 2002-207)

 

 

(4)        APPOINTMENT BY-LAW
PURSUANT TO THE ONTARIO BUILDING CODE ACT (10.13)

 

That the report entitled "Appointment By-law pursuant to the Ontario Building Code Act" be received and that Council enact the appointment by-law.

(By-law 2002-208)

 

 

(5)        WISMER COMMONS, GO RAIL CROSSING AGREEMENT (5.14.2)

 

That the Development Services Committee September 10, 2002 report entitled “ Wismer Commons Go Rail Crossing Agreement” be received;

 

And that the Mayor and Clerk be authorized to execute crossing agreements to allow for the construction of a trunk storm sewer crossing the Greater Toronto Transit Authority (Go Rail) line at a location north of 16th Avenue, east of Hwy 48;

 

And that, the trunk storm sewer crossing be added to the Street Services Department’s inventory of level crossings to be maintained by the Town once the facilities have been constructed and assumed to the satisfaction of the Town and Go Rail.

 

 

(6)        CONSTRADA RECYCLING FACILITY, 350 YORKTECH DRIVE
REQUEST FOR AMENDMENT TO SITE PLAN CONDITIONS
(SC 01-104830) (10.6)

 

Council consented to a division on the question.

 

Moved by Regional Councillor T. Wong

Seconded by Councillor D. Horchik

 

That the correspondence from Bill Seli, General Manger of First Markham Place, in support; and from Louis and Brenda Au, Grace and Henry Ng, Glandy Luk, K. Tang, and R. Peiris, in objection to the proposed amendments to the site plan conditions, File SC 01-104830, submitted by ConStrada, be received;

 

And that the deputation by Ms. Joanne Barnett, representing Roseport Developments Inc. and Landport Developments Inc., Mr. Nick Poulis of Poulos and Chung Traffic Consultants, Ms. Winnifred Ng, Ms. Patricia Lau, Mr. Tony Case, and Mr. Eddie Tsao, be received.

 

And that the report entitled “ConStrada Recycling Facility: Request by applicant for amendment to Site Plan Conditions, 350 Yorktech Drive, Markham, Ontario, Concession 4, Lot 9”, be received for consideration;

 

And that the letter from Ronald Webb, solicitor for the applicant (August 27, 2002) requesting modifications to the site plan conditions to permit truck traffic on Rodick Road by weight or class and to permit operation on Saturday until noon be received;

 

And that the letter from Mr. Harold Quinton, IBM Canada Ltd. (July 5, 2002), be received;

 

And that a by-law be enacted to enforce a full truck prohibition on Rodick Road, south of Highway 7;

 

And further that the conditions of Site Plan Approval dated June 25, 2002 remain intact, including clause 2(l), and not be amended.

 

And that the the request to operate on Saturdays from 7:00 a.m. to 11:00 a.m. be approved and Clause 2(r) of the conditions of Site Plan Approval dated June 25, 2002 be amended accordingly.

(By-law 2002-209)

 

CARRIED AS AMENDED

(See following motions to amend)

(See following motions which were Lost)

 

 

Moved by Regional Councillor T. Wong

Seconded by Councillor D. Horchik

 

That Clause (6), Report No. 46 be amended to provide that a by-law be enacted to enforce a full truck prohibition on Rodick Road, south of Highway 7.

 

CARRIED

(See following recorded vote) (8:3)

(See following motions to amend which were Lost)

 

YEAS:             Deputy Mayor F. Scarpitti, Regional Councillor T. Wong, Regional Councillor B. O'Donnell, Councillor E. Shapero, Councillor J. Virgilio, Councillor J. Heath, Councillor D. Horchik, Councillor K. Usman. (8)

 

NAYS:             Councillor S. Daurio, Councillor G. McKelvey, Councillor A. Chiu. (3)

 

            ABSENT:        Mayor D. Cousens, Regional Councillor G. Landon. (2)

 

 

Moved by Councillor G. McKelvey

Seconded by Councillor A. Chiu

 

That Clause (6), Report No. 46, paragraph 6 be amended to delete the words ".. for full truck prohibition .." and the following words be substituted therefor:

 

            "..to prohibit trucks over 25,400 kg. allowable gross weight .."

 

LOST AS AMENDED

(See following recorded vote which was Lost) (2:9)

 

 

YEAS:             Councillor G. McKelvey, Councillor A. Chiu. (2)

 

NAYS:             Deputy Mayor F. Scarpitti, Regional Councillor T. Wong, Regional Councillor B. O'Donnell, Councillor S. Daurio, Councillor E. Shapero, Councillor J. Virgilio, Councillor J. Heath, Councillor D. Horchik, Councillor K. Usman. (9)

 

            ABSENT:        Mayor D. Cousens, Regional Councillor G. Landon. (2)

 

 

Moved by Councillor K. Usman

Seconded by Councillor D. Horchik

 

That the motion moved by Councillor McKelvey, seconded by Councillor Chiu be amended to prohibit trucks over 25,400 kg. allowable gross weight.

 

LOST

(See following recorded vote which was Lost) (6:5)

 

YEAS:             Regional Councillor T. Wong, Councillor E. Shapero, Councillor G. McKelvey, Councillor J. Heath, Councillor D. Horchik, Councillor K. Usman. (6)

 

NAYS:             Deputy Mayor F. Scarpitti, Regional Councillor B. O'Donnell, Councillor S. Daurio, Councillor J. Virgilio, Councillor A. Chiu. (5)

 

ABSENT:        Mayor D. Cousens, Regional Councillor G. Landon. (2)

 

 

Moved by Regional Councillor T. Wong

Seconded by Councillor D. Horchik

 

And further that the conditions of Site Plan Approval dated June 25, 2002 remain intact and clause 2(l) not be amended;

 

CARRIED

(See following recorded vote) (6:5)

 

 

YEAS:             Regional Councillor T. Wong, Regional Councillor B. O'Donnell, Councillor E. Shapero, Councillor J. Heath, Councillor D. Horchik, Councillor K. Usman. (6)

 

NAYS:             Deputy Mayor F. Scarpitti, Councillor S. Daurio, Councillor J. Virgilio, Councillor G. McKelvey, Councillor A. Chiu. (5)

 

            ABSENT:        Mayor D. Cousens, Regional Councillor G. Landon. (2)

 

 

Moved by Regional Councillor B. O'Donnell

Seconded by Councillor S. Daurio

 

That Clause (6), Report No. 46, last paragraph be deleted in its entirety and the following be substituted therefor:

 

"And that the request to operate on Saturdays from 7:00 a.m. to 11:00 a.m. be approved and Clause 2(r) of the conditions of Site Plan Approval dated June 25, 2002 be amended accordingly."

(By-law 2002-209)

 

CARRIED AS AMENDED

(See following recorded vote) (6:5)

(See following motion to amend which was Lost)

 

 

YEAS:             Deputy Mayor F. Scarpitti, Regional Councillor B. O'Donnell, Councillor S. Daurio, Councillor J. Virgilio, Councillor G. McKelvey, Councillor A. Chiu. (6)

 

NAYS:             Regional Councillor T. Wong, Councillor E. Shapero, Councillor J. Heath, Councillor D. Horchik, Councillor K. Usman. (5)

 

ABSENT:        Mayor D. Cousens, Regional Councillor G. Landon. (2)

 

 

Moved by Regional Councillor T. Wong

Seconded by Councillor D. Horchik

 

And that the request to operate on Saturdays be denied.

 

LOST

(See following recorded vote which was Lost) (5:6)

 

 

YEAS:             Regional Councillor T. Wong, Councillor E. Shapero, Councillor J. Heath, Councillor D. Horchik, Councillor K. Usman, (5)

 

NAYS:             Deputy Mayor F. Scarpitti, Regional Councillor B. O'Donnell, Councillor S. Daurio, Councillor J. Virgilio, Councillor G. McKelvey, Councillor A. Chiu. (6)

 

            ABSENT:        Mayor D. Cousens, Regional Councillor G. Landon. (2)

 

 

 

(7)        ROBERT LITTLE, EAST OF NINTH LINE,
NORTH OF STEELES AVENUE
TEMPORARY USE ZONING BY-LAW AMENDMENT TO PERMIT
GOLF DRIVING RANGE (ZA.02 110790)(10.5)

 

Moved by Councillor D. Horchik

Seconded by Councillor J. Virgilio

 

That the Record of the Public Meeting held on September 10, 2002 with respect to the proposed amendments to By-law 304-87 by Robert Little to permit a golf driving range on a temporary basis on a portion of his lands on the east side of Ninth Line, north of Steeles Avenue (ZA,02-110790) be received; 

 

And that the application by Robert Little to amend By-law 304-87 be approved;

 

And that the proposed amendment to By-law 304-87 be enacted without further notice.

 

CARRIED

 

 

(8)        ROBERT AND ELIZABETH BOWERMAN, 8 OAKCREST AVENUE
ZONING BY-LAW AMENDMENT TO PERMIT A SEVERANCE
(ZA.02-109627) (10.5)

 

That the correspondence from Mr. Paul Man, and the deputations by Ms. Diane Pineau and Mr. Glenn Baron with respect to the proposed Zoning By-law Amendment to permit a severance at 8 Oakcrest Avenue (ZA.02-109627) submitted by Robert and Elizabeth Bowerman, be received;

 

And that the Development Services Commission information report dated September 10, 2002, entitled "Robert and Elizabeth Bowerman, Zoning By-law Amendment to permit a severance at 8 Oakcrest Avenue (ZA.02-109627)" be received;

 

And that the Record of the Public Meeting held on September 10, 2002 with respect to the proposed amendments to By-law 122-72 be received; 

 

And that the application by Robert and Elizabeth Bowerman to amend By-law 122-72 be approved;

 

And further that the proposed amendment to By-law 122-72 be enacted without further notice.

 

 

(9)        GAETANO AND FRANCA MOLINARO, 11 SABISTON DRIVE
            ZONING BY-LAW AMENDMENT TO PERMIT A SEVERANCE
            (ZA.02-108247) (10.5)

 

That the deputation by Mr. Glenn Baron with respect to the proposed Zoning By-law Amendment to permit a severance at 11 Sabiston Drive (ZA.02-108247) submitted by Gaetano and Franco Molinaro, be received;

 

That the Development Services Commission information report dated September 10, 2002, entitled "Gaetano and Franco Molinaro, Zoning By-law Amendment to permit a severance at 11 Sabiston Drive (ZA.02-108247)" be received;

 

And that the Record of the Public Meeting held on September 10, 2002 with respect to the proposed amendments to By-law 122-72 be received; 

 

And that the application by Gaetano and Franco Molinaro to amend By-law 122-72 be approved;

 

And further that the proposed amendment to By-law 122-72 be enacted without further notice.

 

 

(10)      OTHER COMMITTEE PROCEEDINGS
            - MINUTES OF DEVELOPMENT SERVICES
            COMMITTEE MEETING – SEPTEMBER 10, 2002 (16.0)

 

Moved by Councillor J. Virgilio

Seconded by Regional Councillor B. O'Donnell

 

That the Development Services Committee minutes dated September 10, 2002 be received.

 

CARRIED

(Councillor K. Usman abstained - Item 15

- The Townhomes of Thornhill Village Inc., Thornhill Square

Councillor J. Heath abstained - Item 21

- Loblaws Property Ltd., 200 Bullock Drive

Councillor G. McKelvey abstained - Item 22(3)

- site plan for Markville Mall

Councillor J. Heath abstained - Item 22(3)

- site plan for Markville Mall

Councillor D. Horchik abstained - Item 22(7)

- site plan for 125 John Street)

 

 

 

6.         MOTIONS

 

Council consented to add Motions (3), (4), (5) and (6).

 

(1)        TRAFFIC CALMING REQUEST
            DELMARK BOULEVARD (5.12)

 

Moved by Councillor J. Heath

Seconded by Regional Councillor B. O'Donnell

 

That the following motion be referred to the Transportation Committee:

 

"That staff begin discussions with the Region of York and 407 ETR regarding completion of the Ninth Line interchange to coincide with the opening of the Ninth Line Diversion in Box Grove;

 

And that the traffic calming project on Delmark Boulevard and Wootten Way South commence immediately with the Town up-fronting the costs with their transference to Jennora Limited as housing sales come on stream;

 

And that improved signage be investigated regarding:

 

                  •     routes to Highway 407 from south of Highway 407 in the area of the Ninth Line and Steeles Avenue and Ninth Line and 14th Avenue, and

 

                  •     no truck entry onto Delmark Boulevard and Berczy Gate;

 

And further that York Regional Police be notified of these traffic concerns.

 

CARRIED

 

 

(2)        FIRST ANNUAL UNIONVILLE GALA
NOVEMBER 6, 2002 AT MARKHAM THEATRE (12.2.6)

 

Moved by Councillor D. Horchik

Seconded by Councillor J. Virgilio

 

That the following motion be referred to staff for a report through the Finance and Administrative Committee:

 

"That Council endorse the First Annual Unionville Gala to be held at the Markham Theatre on Wednesday, November 6, 2002 at 6:30 p.m. to raise funds for landscaping at Unionville Bandstand Park (Millenium Square);

 

And that Council authorize the purchase of ten (10) tickets, preferred seating, at $52.50 each."

 

CARRIED

 

 

(3)        REQUEST FOR BY-LAW TO CONTROL
            AND MINIMIZE CONSTRUCTION SITE DUST (10.0)

 

Moved by Councillor A. Chiu

Seconded by Councillor G. McKelvey

 

That the request by Sam Orrico for Council to consider passing a by-law to control and minimize dust at construction sites, be received.

 

CARRIED

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

 

 

(4)        HEAVY TRAFFIC PROHIBITION ON
            RODICK ROAD - CONSTRADA (10.5, 10.6)

 

Moved by Councillor D. Horchik

Seconded by Regional Councillor B. O'Donnell

 

That By-law No. 2002-209 to amend Traffic By-law 106-71, as amended, to implement a heavy traffic prohibition on Rodick Road between Highway No. 7 & Yorktech Drive in connection with the ConStrada Recycling Facility, 350 Yorktech Drive, only be enforced coincidental with the posting of signage for the opening of the ConStrada Recycling Facility.

 

CARRIED

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

 

 

(5)        BELL CANADIAN OPEN
            ANGUS GLEN GOLF CLUB SEPTEMBER 2-8, 2002 (5.17)

 

Moved by Regional Councillor B. O'Donnell

Seconded by Regional Councillor T. Wong

 

That sincere thanks and congratulations be extended to the many members of Town of Markham staff, the volunteers, Bell Canada, the Royal Canadian Golf Association, and Angus Glen Golf Club for their efforts contributing toward the tremendous success of the recent 2002 Bell Canadian Open Golf Tournament.

 

CARRIED

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

 

(6)        MEMORANDUM OF UNDERSTANDING
            BETWEEN TOWN OF MARKHAM AND
            ZHONGGUANCUN SCIENCE PARK (10.16 & 12.2.6)

 

Moved by Regional Councillor T. Wong

Seconded by Councillor K. Usman

 

That congratulations be extended to staff for efforts in achieving the association between the Town of Markham and Zhongguancun Science Park to work together to promote economic and cultural activities leading to a representative office being set up in Makrham in the near future.

 

CARRIED

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

 

 

 

7.         COMMUNICATIONS

 

Council consented to add Communications No. 259-2002 to 2002-265.

 

Moved by Councillor D. Horchik

Seconded by Regional Councillor B. O'Donnell

 

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

 

Received

253-2002         Bingo Country - Advising that Markham Bingo Country located at 22 Heritage Road has ceased operations effective August 31, 2002. (2.0)

 

254-2002         Sam Orrico - Forwarding concerns regarding the need to minimize dust at construction sites (10.0)

 

255-2002         Lorne Smith, 10292 McCowan Road - Forwarding concerns regarding the 16th Avenue sewer construction project and the interruption of water source. (2.10 & 5.5)

 

259-2002         Louis and Brenda Au, Glandy Luk, Stella Chan, Joseph To, Stery Chung - Forwarding concerns regarding the requested amendments by ConStrada regarding the aggregate recycling facility at 350 Yorktech Drive. (10.5, 10.6) (Report 40, Clause 14)

 

260-2002         Rebecca Kwan, shopowner at First Markham Place - Forwarding objection to the ConStrada aggregate recycling facility at 350 Yorktech Drive -original and translation. (10.5, 10.6) (Report 40, Clause 14)

 

261-2002         Joan Dougall - Forwarding concerns regarding the requested amendments by ConStrada regarding the aggregate recycling facility at 350 Yorktech Drive. (10.5, 10.6) (Report 40, Clause 14)

 

 

Referred to all Members of Council

256-2002         Rotary Club of Markham Sunrise - Request to close the following streets to facilitate the Markham Santa Claus Parade being held on November 30, 2002 between the hours of 9:30 a.m. and 12:00 noon:
- Highway 48 from 16th Avenue to Highway 7
- McCowan Road from Highway 7 to Bullock Drive
- Highway 7 from Highway 48 to McCowan Road. (3.5.5)
(By-law 2002-210)

 

257-2002         Liquor Licence Application - Request to complete the Municipal Information Form for Fox & Fiddle Restaurant, 144 Main Street Markham North. (indoor area & outdoor). (3.21)

 

262-2002         Proclamation - September 30 - October 5, 2002 - Rouge Park Week (3.4).

 

263-2002         Memorandum - Forwarding a summary of a Memorandum of Understanding between the Town of Markham and Zhongguancun Science Park to form an association to work together to promote economic and cultural activities leading to a representative office being set up in Markham in the near future. (10.16 & 12.2.6)

 

264-2002         Winnifred Ng - Forwarding concerns regarding the requested amendments by ConStrada regarding the aggregate recycling facility at 350 Yorktech Drive. (10.5, 10.6) (Report 46, Clause 6).

 

265-2002         Chan Wai Fan, shopowner, First Markham Place - Forwarding concerns regarding the requested amendments by ConStrada regarding the aggregate recycling facility at 350 Yorktech Drive signed by fifteen other First Markham Place shopowners. (10.5, 10.6) (Report 46, Clause 6).

 

 

Referred to Commissioner of Development Services

258-2002         Stella Chan, 59 Coledale Road - Forwarding objection to the proposed amendments to the approved agreement for ConStrada recycling plant, 350 Yorktech Drive (10.5 & 10.6) (See Clause 6, Report 46, 2002)

 

CARRIED

 

 

 

8.         BY-LAWS

 

Council consented to add By-law 2002-215.

 

Moved by Councillor G. McKelvey

Seconded by Councillor J. Virgilio

 

That By-laws 2002-207 to 2002-215 be given three readings and enacted.

 

Three Readings

 

BY-LAW 2002-207    A by-law to amend Zoning By-law 304-87, as amended (Imperial Oil Limited (ESSO), 380 Main Street Markham - To permit the development of a retail convenience store in association with a proposed new gas station.
(Clause 3, Report No. 46, 2002)

 

BY-LAW 2002-208    A by-law to appoint a Chief Building Official and Building Inspectors pursuant to the Building Code Act, 1992, S.O. 1992, c. 23, as amended (repeals By-laws 161-92 & 89-98)
(Clause 4, Report No. 46, 2002)

 

BY-LAW 2002-209    A by-law to amend Traffic By-law 106-71, as amended (ConStrada Recycling Facility, 350 Yorktech Drive between Highway No. 7 & Yorktech Drive - Heavy traffic prohibition on Rodick Road)
(Clause 6, Report No. 46, 2002)

 

BY-LAW 2002-210      A by-law to authorize the temporary closing of various streets to facilitate the Santa Claus Parade being held on November 30, 2002.
(Communication No. 256-2002)

 

BY-LAW 2002-211    A by-law to dedicate certain lands as part of the highways of the Town of Markham (South Unionville Area - Anita Drive, Raintree Drive, Zio Carlo Drive, Rembrandt Drive, Via Jessica Drive, Caboto Trail, Lane, South Unionville Avenue, Laneway, Lucien Street, Raymond Bartlett Avenue)
(Council Meeting 15, 2002)

 

BY-LAW 2002-212    A by-law to dedicate certain lands as part of the highways of the Town of Markham (Part of Lot 4, Plan 2196, designated as Part 10, Part of Lot 4, Plan 2196, designated as Part 12 and Part of Lot 5, Plan 2196, designated as Parts 14 & 16, Plan 65R-18880 - Castan Avenue)
(Council Meeting 15, 2002)

 

 

BY-LAW 2002-213    A by-law to amend by-law No. 2001-1 being a by-law to amend the proceedings of Council and Committees of Council (Revise Standing Committee Terms of Reference)
(Committee of the Whole Motion (2) - September 3, 2002)

 

BY-LAW 2002-214    A by-law to confirm the proceedings of the Council meeting of September 17, 2002.
(Council Meeting No. 15, 2002)

 

BY-LAW 2002-215    A by-law to amend Zoning By-laws 90-81, 108-81 and 304-87, as amended (Interim Control By-law for the Markham Road Corridor Study - Armadale Planning District).
(Committee of the Whole September 17, 2002)

 

CARRIED

 

 

 

9.         ADJOURNMENT

 

Moved by Councillor A. Chiu

Seconded by Councillor S. Daurio

 

That the meeting do adjourn.

CARRIED

Council adjourned at 11:20 p.m.

 

 

 

 

 

 

_________________________________                  ____________________________________

TOWN CLERK                                                          MAYOR

 

(Signed)