2002-05-14 -7:00 p.m.
COUNCIL MINUTES Council Chamber, Civic Centre
Meeting
No. 10
(Canada
Room)
COMMITTEE
OF THE WHOLE
ROLL
CALL
Deputy Mayor
F. Scarpitti, Regional Councillor G. Landon, Regional Councillor T. Wong,
Councillor S. Daurio, Councillor E. Shapero, Councillor J. Virgilio, Councillor
G. McKelvey, Councillor D. Horchik, Councillor Councillor A. Chiu. (9)
Regrets
Mayor D.
Cousens, Regional Councillor B. O'Donnell, Councillor J. Heath K. Usman (4)
Moved by
Regional Councillor G. Landon
Seconded by
Regional Councillor T. Wong
That Council
resolve itself into the Committee of the Whole to discuss the following:
(1) MP Brian Wilfert – Update (13.1)
(2) Committee Appointments (16.24)
(3) Council Procedural Issues (16.23)
(4) Confidential Property Matter – Tax Sale
(7.3)
(5) Confidential Property Matter (10.7)
CARRIED
The Regular
Meeting of Council was held on May 14, 2002 at 7:10 p.m. in the Council
Chamber, Civic Centre. Deputy Mayor F.
Scarpitti presided.
(Council
Chambers)
COUNCIL
ROLL
CALL
Deputy Mayor
F. Scarpitti, Regional Councillor G. Landon, Regional Councillor T. Wong,
Councillor S. Daurio, Councillor E. Shapero, Councillor J. Virgilio, Councillor
G. McKelvey, Councillor D. Horchik, Councillor, K. Usman (8:05 p.m.), A. Chiu. (10)
Regrets
Mayor D.
Cousens, Regional Councillor B. O'Donnell, Councillor J. Heath (3)
STAFF
J. Livey,
Chief Administrative Officer
S. Bertoia,
Director of Environmental Services and Administration
S. Birrell,
Town Clerk
B. Cribbett,
Treasurer
P. Loukes, Acting
Commissioner of Community and Fire Services
P. Miller,
Acting Manager, Secretariat Services
B. Nanninga,
Executive Assistant
R. Robinson,
Town Solicitor
A. Taylor,
Commissioner of Corporate Services
M.F. Turner,
Commissioner of Development Services
S. Weaver,
Manager of Enforcement & Licensing
1. DISCLOSURE OF PECUNIARY INTEREST
Councillor
S. Daurio declared an interest with respect to Clause (8), Report No. 23
(Environment and Transportation Committee minutes dated April 29, 2002) and
By-law Number 2002-70 - Permit Parking - Inner Circle of Tamarack Drive and
West Side of Westborough Drive, by nature of his son owning a house on Tamarack
Drive, and did not take part in the consideration or discussion of or vote on
the question of the approval of such matter.
Regional
Councillor Landon disclosed an interest with respect to Clause 11, Report No.
25 (Development Services Committee minutes dated May 7, 2002) - BRRAG
Legislation, by nature of his son being employed by a builder, 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
Regional Councillor G. Landon
Seconded by
Regional Councillor T. Wong
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) MP
BRYON WILFERT – UPDATE (13.1)
That the
update by MP Bryon Wilfert regarding transportation needs, the Urban Task Force
and Federal infrastructure programs, be received.
CARRIED
(2) COMMITTEE
APPOINTMENTS (16.24)
Frederick
Horsman Varley Art Gallery Board
That the
resignation of Mathew Soong from the Frederick Horsman Varley Art Gallery Board
be received with regret and his position be declared vacant;
And that staff
be directed to readvertise to fill this vacancy.
Markham
Conservation Committee
That the
following person be appointed to the Markham Conservation Committee:
Sandra
Guido November
30, 2005
Markham Museum Board
That
the resignation of Arnie Cook from the Markham Museum Board be received with
regret and his position be declared vacant;
And
that staff be directed to readvertise to fill this vacancy. if necessary.
Race Relations
Committee
That the terms
of office for the following members of the Race Relations Committee be
extended:
Ray
Lum November
30, 2004
Huma
Pabani November
30, 2004
CARRIED
(3) COUNCIL
PROCEDURAL ISSUES (16.23)
That the
verbal report from the Town Solicitor and the Town Clerk regarding Council
procedural issues, be received.
CARRIED
(4) LICENSING OF
COMPLEMENTARY HEALTH
CARE ESTABLISHMENTS (2.0 & 2.12)
That the
verbal report from the Commissioner of Corporate Services regarding the
proposed licensing of complementary health care establishments be received.
CARRIED
(5) CONFIDENTIAL PROPERTY
MATTER
TAX SALE (7.3)
That the confidential report from the
Treasurer regarding a potential tax sale, be received.
CARRIED
(6) CONFIDENTIAL
PROPERTY MATTER (10.7)
That the verbal report from the Town
Solicitor regarding the Jessamyn Holdings Inc. issue, be received.
CARRIED
Moved by Regional Councillor G. Landon
Seconded by Regional Councillor T. Wong
That the Report of the Committee of the Whole
be adopted, approved and confirmed.
CARRIED
3. MINUTES
(1) COUNCIL
MEETING
- APRIL 30, 2002
Moved by
Councillor A. Chiu
Seconded by
Councillor E. Shapero
That the
Minutes of the Council Meeting held on April 30, 2002, be adopted.
CARRIED
4. PRESENTATIONS
(1) LIFESAVING
SOCIETY COUNCIL CUP AWARD (6.4 & 12.2.6)
Council
recognized the following Recreation Services staff for their contribution to
the Town being awarded the Lifesaving Society Council Cup for the largest
Lifesaving program in municipalities with a population range of 100,000 to
200,000:
Lorraine
Wilson-Saliba
Lisa Beckley
Karen Carlin
Sheri Stewart
Janice Carroll
Len Manuel
Mr. Ed Bean,
Director of Marketing for the Lifesaving Society, Ontario Branch, congratulated
the Town of Markham and presented the Lifesaving Society Council Cup.
(2) SAM BOWMAN - NATIONAL
2002
THERESE CASGRAIN VOLUNTEER AWARD (12.2.6)
Council
recognized and congratulated Mr. Sam Bowman for receiving the National 2002
Therese Casgrain Volunteer Award to honour his lifelong work in addiction and
social services centres, as well as with children, youth and seniors.
(3) COMMUNITY
SAFETY VILLAGE OF YORK REGION (12.2.6)
Inspector
Rodney Sine, and Ms. Cathy Joyce, members of the Community Safety Village Board
of Directors, and Mr. Scott Richardson, Chief Fire Prevention Officer, Town of
Markham, were in attendance on behalf of the future Community Safety Village of
York Region at Bruce’s Mill Conservation Area.
They also provided a video outlining the features and detail of the
proposed village. The Community Safety
Village will teach young children how to protect themselves against possible
injury and death.
5. DELEGATIONS
(1) A Member of the Board
of Directors of the Thornhill Soccer Club, 2400 John Street, Thornhill L3T 6G6,
expressing concern regarding the safety of children playing soccer in the event
of the reduction of pesticides in parks. (Clause (2), Report No. 23, 2002)
(5.7)
(2) Joan Jenkyn, 21 Clark
Avenue, Thornhill L3T 1S4, in objection to the appointment of additional
members to the Pesticide Reduction Steering Committee. (Clause (4), Report No.
23, 2002) (5.7)
(3) Valerie Burke, 26
Colborne Street, Thornhill L3T 1Z7, in objection to the appointment of
additional members to the Pesticide Reduction Steering Committee. (Clause (4),
Report No. 23, 2002) (5.7)
(4) Constable Steve Baird,
York Regional Police, 17250 Yonge Street, Newmarket L3Y 4W5, requesting to be
part of the consultation process regarding the preparation of a proposed by-law
recognizing Holistic Practitioners. (Clause (7, Report No. 24, 2002) (2.0 &
2.12)
(5) Grant Hallman, 51
King’s College Road, Thornhill L3T 5R9, in support of the distinction between
Holistic Practitioners and Body-Rub Parlour Operators and offering his services
in the consultation process regarding the preparation of a proposed by-law
recognizing Holistic Practitioners. (Clause (7), Report No. 24, 2002) (2.0
& 2.12)
(6) S. Johnston, Recognized
Therapeutic Touch Practitioner, in support of retaining the name “complementary
health care service providers” and requesting to be involved in the
consultation process regarding the preparation of a proposed by-law recognizing
Holistic Practitioners. (Clause (7), Report No. 24, 2002) (2.0 & 2.12)
(7) Don Reid, Chair,
Reflexology Registration Council of Ontario, 60 Cindy Avenue, Cambridge N3C
3J2, submitting information, in support of the distinction between Holistic
Practitioners and Body-Rub Parlour Operators, and requesting to be involved in
the consultation process regarding the preparation of a proposed by-law
recognizing Holistic Practitioners. (Clause (7), Report No. 24, 2002) (2.0
& 2.12)
(8) Tammy Gelfand,
Advertising Ethics Chairperson, Reflexology Registration Council of Ontario,
111 - 755 Avenue Road, Toronto M5P 2J9 in support of the distinction between
Holistic Practitioners and Body-Rub Parlour Operators, and requesting to be
involved in the consultation process regarding the preparation of a proposed
by-law recognizing Holistic Practitioners. (Clause (7), Report No. 24, 2002)
(2.0 & 2.12)
(9) Sher Smith, RN, RPP,
RCST, Polarity Therapy Craniosacral Therapy and Educational Kiniesiology
(Edu-K, Braingym), 40-646 Village Parkway, Unionville L3R 2S7, submitting
information, in support of the distinction between Holistic Practitioners and
Body-Rub Parlour Operators, in support of retaining the name “complementary
health care service providers”, and requesting to be involved in the
consultation process regarding the preparation of a proposed by-law recognizing
Holistic Practitioners. (Clause (7), Report No. 24, 2002) (2.0 & 2.12)
(10) Bill Close,
Practitioner, Craniosacral Therapist and Polarity Therapist, 26 Hepworth Way,
Markham L3P 3S9, submitting information, in support of the distinction between
Holistic Practitioners and Body-Rub Parlour Operators, and in support of
retaining the name “complementary health care service providers". (Clause
(7), Report No. 24, 2002) (2.0 & 2.12)
(11) Peeter L. Sild B.Sc.,
CST, Past President, Shiatsu Therapy Association of Ontario, 52 Wales Avenue,
Markham L3P 2C5, submitting information, in support of the distinction between
Holistic Practitioners and Body-Rub Parlour Operators. (Clause (7), Report No.
24, 2002) (2.0 & 2.12)
(12) Youssef Massoud, 65
Hildenboro Square, Scarborough M1W 1Y2, in support of taxi licenses being
transferable and in objection to “Premiere” taxi licenses. (Clause (4), Report
No. 24, 2002) (2.23)
(13) Magdi Abdelaziz, #23, 80
Esna park Drive, Markham L3R 2R6, in support of taxi licenses being
transferable and in objection to “Premiere” taxi licenses. (Clause (4), Report
No. 24, 2002) (2.23)
(14) John Antwi, #1106, 2677
Kipling Avenue, Etobicoke M9V 4P1, in support of Taxi Drivers currently
registered with the Town being given access to “Premiere” taxi licenses.
(Clause (4), Report No. 24, 2002) (2.23)
(15) Leonard Hochberb,
Counsel, #700, 1200 Bay Street, Toronto M5R 2A5, in objection to the proposed
amendments to By-law No. 116-98 “A By-law Respecting the Licensing, Regulating
and Inspecting of Body-Rub Parlours and Body-Rub Attendants”. (Clause (6),
Report No. 24, 2002) (2.0)
(16) Marion Matthias, 33
Colborne Street, Thornhill L3T 1Z4, questioning the status of an additional
staff member for the Heritage Section of the Development Services Commission,
expressing concern regarding the proposed delegation of Heritage Markham
Committee decisions and the process to be followed for the Thornhill Heritage
District Plan review. (Clause (1), Report No. 25, 2002) (16.11)
6. PETITIONS
(1) READ
EASTERN CAPITAL OFFSHORE (CANADA) INC.
- PROPOSED DEVELOPMENT - NORTH WEST CORNER
OF MIDDLEFIELD ROAD AND DENISON STREET (10.0)
7(a) REPORT NO. 23 - ENVIRONMENT & TRANSPORTATION
COMMITTEE
Council
consented to separate Clauses (2), (3), (4) and (8).
Moved by
Councillor J. Virgilio
Seconded by
Councillor E. Shapero
That Report
No. 23 - Environment & Transportation Committee be received and adopted.
April 29, 2002
(1) SWAN
LAKE WASTE COLLECTION (5.1)
That municipal
waste and recycling collection services be provided effective May 17, 2002, at
Swan Lake Village, York Region Condominium Corporation 906 & 932;
And that the
Legal Department be authorized to amend the Site Plan Control Agreement dated
August 27, 1997, between the Town of Markham and the Swan Lake Community
Limited to include a provision for YRCC 906 and 932 to receive municipal
collection services;
And that the estimated amount of $6,770 for
the 2002 prorated costs for municipal waste collection at YRCC 906 & 932 be
absorbed in the 2002 Waste Management Operating Budget;
And that the Commissioner of Community Services be authorized to
provide municipal waste collection services to the existing condominium developments
currently receiving private waste collection, if so requested, subject to
additional costs being equivalent to the Town’s current contracted prices and
being equivalent to the Town’s existing service level,
And that, so that there will be no future liability to the Town for tax
rebates to condominiums in regards to waste collection services, private
roadways in future condominium developments be required to:
- meet
current road standards for municipal waste collection services of 7.5
metre pavement widths and 13.5 metre radius cul-de-sac or hammerhead
dead-end, OR
- be
designed to allow for a modified municipal waste collection service
acceptable to the Commissioner of Community Services, based on the Town's
contracted prices and existing service level.
And that staff
be requested to prepare a letter to be forwarded to all other existing
condominium developments within the Town of Markham advising of the Town's
provision of municipal waste collection service to the Swan Lake Village
condominium.
(2) UPDATE
ON THE PESTICIDE FREE PILOT PROJECT - MANDATE (5.7)
That all Ward
2 parks continue to be pesticide free for 2002 and staff use approved funds to
implement "cultural" practices in the following locations:
·
Green Lane Park - Ward 2
·
Thornlea East Park -
Ward 2
·
Windy Hill Park - Ward 2
·
Leitchcroft Commons -
Ward 2
·
Paddock Park - Ward 2
·
Markham Civic Centre -
Ward 6
And that staff
be directed to use a non-selective herbicide on hard surface areas – paving
stone areas and pathways - at the Markham Civic Centre, as required;
And that staff
report back to Council on the results of this program in November, 2002.
CARRIED AS AMENDED
(See following motion to amend)
Moved by Councillor E. Shapero
Seconded by Regional Councillor G. Landon
That Clause 2, Report No. 23 be amended to add the following to
paragraph 2, immediately following "…hard surface areas…":
"
- paving stone areas and pathways - "
CARRIED
(3) UPDATE ON THE PESTICIDE
FREE PILOT PROJECT
– PUBLIC EDUCATION (5.7)
That Council
endorse the goal of the public awareness/education component of the Pesticide
Free Pilot Project as outlined by the Pesticide Reduction Steering Committee,
using funds in the amount of $32,680 included in the Parks Department 2002
Operating Budget;
And that staff
report back to Environment and Transportation Committee for approval prior to
distribution of the public awareness/education materials.
CARRIED AS AMENDED
(See following motion to amend)
Moved by Councillor K. Usman
Seconded by Councillor E. Shapero
That Clause (3), Report No. 23 be amended to add "for
approval" to paragraph 2, immediately following " back to Environment and Transportation
Committee…"
CARRIED
(4) UPDATE ON THE PESTICIDE
FREE PILOT PROJECT -
APPOINTMENTS/MANDATE (5.7)
That the following
actions with respect to the Pesticide Reduction Steering Committee, be
approved:
a) That Councillor Stan
Daurio be appointed to the Pesticide Reduction Steering Committee.
b) That, subject to the
interviewing of candidates, two representatives of the lawn care industry be
added to the membership of the Pesticide Reduction Steering Committee, as
follows:
1 representative - organic/non-chemical
lawn-care industry, and
1 representative - chemical lawn-care
industry now working toward Integrated Pest Management (IPM) accreditation;
1 medical practitioner who specializes in
allergies as recommended by the York Region Medical Officer of Health, if
appropriate;
And that staff be requested to report back to the Environment &
Transportation Committee.
c) That Council endorse
the Pesticide Reduction Steering Committee goal to review and report on
pesticide reduction initiatives in other Canadian municipalities;
And that staff report back to the Environment & Transportation
Committee on the information obtained.
d) That the Pesticide
Reduction Steering Committee develop a revised Terms of Reference to reflect
all of the above recommendations;
And that staff report back to the Environment & Transportation
Committee on the revised Terms of Reference.
e) That the Pesticide
Reduction Steering Committee continue to report to the Environment &
Transportation Committee on its progress.
CARRIED AS AMENDED
(See following motion to amend)
(See following motion to amend
which was Lost)
Moved by Councillor S. Daurio
Seconded by Councillor D. Horchik
That Clause (4), Report No. 23 be amended to include provisions for:
- interviews before
appointments are made.
- the 1 representative from
the chemical lawn-care industry to be working toward Integrated Pest Management
(IPM) accreditation.
- 1 medical practitioner who
specializes in allergies as recommended by the York Region Medical Officer of
Health, if appropriate.
CARRIED
Moved
by Councillor E. Shapero
Seconded
by Regional Councillor T. Wong
That
paragraph b) regarding new appointments from the lawn care industry and the
medical profession be deleted in its entirety.
LOST
(See following
recorded vote) (3:7)
YEAS: Deputy Mayor F.
Scarpitti, Regional Councillor T. Wong, and Councillor E. Shapero (3)
NAYS: Regional
Councillor G. Landon, Councillor S. Daurio, Councillor J. Virgilio, Councillor
G. McKelvey, Councillor D. Horchik, Councillor K. Usman and Councillor A. Chiu
(7)
ABSENT: Mayor
D. Cousens, Regional Councillor B. O'Donnell, and Councillor J. Heath (3)
(5) RODICK ROAD/YORKTECH
DRIVE AREA -
ENVIRONMENTAL MANAGEMENT PLAN (5.7 & 10.0)
That the
confidential presentation by Mr. John Tidball of Miller Thomson, regarding the
risk analysis for the Yorktech Drive and Rodick Road area, be received;
And that
Landport/Roseport be authorized to proceed with preliminary site work subject
to execution of a pre-servicing agreement to the satisfaction of the Town
Solicitor, the Director of Engineering, and Mr. John Tidball of Miller Thomson;
And that
Landport/Roseport be authorized to close the private driveway from Fairburn
Drive to Yorktech Drive during the 4-month construction period (May-August
2002) to permit the soil remediation work and road construction, following
which the Rodick Road extension will be opened;
And that the
communication plan for the driveway closure, attached hereto as Appendix
"A" be endorsed;
And that the
principles of the Development Agreement for the area attached hereto as
Appendix "B" be endorsed;
And further
that staff report back at the May 27, 2002 Environmental and Transportation
Committee with the final Soil Management Plan and Development Agreement for the
Rodick Road/Yorktech Drive area for approval.
(6) AWARD OF PROFESSIONAL
SERVICES CONTRACT -
POLICY UPDATE AND IMPLEMENTING GUIDELINES FOR THE
PROTECTION AND MANAGEMENT OF SMALL STREAMS AND
INTERMITTENT WATERCOURSES ("SMALL STREAMS STUDY") (5.7 & 10.0)
That the
Engineering Department be authorized to retain the consulting firm of Aquafor
Beech Ltd./Schollen & Company Inc. for the Policy Update and Implementing
Guidelines for the Protection and Management of Small Streams and Intermittent
Watercourses - Small Streams Study;
And that the
Director of Engineering be authorized to prepare the standard consulting
contract, incorporating the final work program acceptable to the Director of
Engineering, and a consultant budget not to exceed $73,190 (inclusive of 3.0%
GST), plus provision for an additional $4,000 contingency;
And that the
project be funded from Engineering Department, 2002 approved Capital Project
#4726, Down Stream Improvements Works Program - Erosion - Account
#08353504726005;
And that the
Planning Department be authorized to retain the consulting firm of Lura Group
to undertake the public facilitation component of the Small Streams Study;
And that the
Director of Planning be authorized to prepare the standard consulting contract,
incorporating the final work program acceptable to the Director of Planning,
and a consultant budget not to exceed $12,360 (inclusive of 3.0% GST), plus
provision for an additional $2,000 contingency;
And that the
project be funded from Planning Department, 2002 Capital Project #4816,
Environment Consulting Program, Account #08053994816005;
And further
that the Mayor and Clerk be authorized to execute the standard form of
consultant contract.
(7) "MARKHAM'S
ON A ROLL!" (5.1 & 12.2.6)
That the
report titled "Markham's on a Roll!" Pilot Project Final Report"
be received;
And that the
results from the "Markham's on a Roll!" pilot project be used with
the results obtained from the "Bag-It!" cart-based collection pilot
to evaluate all available options for the future 3-stream residential waste
collection system;
And that the
pilot project be decommissioned effective June 15, 2002 since the objectives of
the pilot project, both quantitatively and qualitatively, have been achieved;
And that a
further report be prepared to compare the results of the bag-based and
cart-based collection pilot projects, including the processing and disposal
costs.
(8) PERMIT PARKING - INNER
CIRCLE OF TAMARACK DRIVE
AND WEST SIDE OF WESTBOROUGH DRIVE (2.17)
Moved
by Councillor E. Shapero
Seconded
by Councillor K. Usman
That a by-law
be presented to amend the Parking Bylaw No. 336-88, as amended, to provide for
permit parking on the inner circle of Tamarack Drive and the west side of
Westborough Drive and that overnight restrictions that apply in the Town be in
effect for the balance of Tamarack Drive and Westborough Drive, effective May
1st, 2002;
And that the
number of spaces available not exceed four on Westborough Drive and 20 on
Tamarack Drive;
And that the
fee for permit parking be $50.00 per month;
And that the
Town of Markham Parking Control Division administer the program.
(By-law 2002-70)
CARRIED
(Councillor S. Daurio abstained)
(9) EXPROPRIATION
RODICK/HIGHWAY 407 (10.0)
That a by-law
to provide for the expropriation of lands required for the construction of the
Rodick Road/Highway 407 overpass be approved;
And that the
Mayor and the Clerk be authorized to execute under the seal of the Town the
Certificate of Approval to expropriate;
And that the
cost of the appraisal, environmental consulting, surveying and legal counsel
services be funded from the Engineering Department's Capital Budget Account
#083-5350-3752-005.
(10) OTHER
COMMITTEE PROCEEDINGS
- MINUTES OF ENVIRONMENT &
TRANSPORTATION
COMMITTEE MEETING – APRIL 29,
2002 (16.0)
CARRIED
7(b) REPORT NO. 24 - FINANCE &
ADMINISTRATIVE COMMITTEE
Council
consented to separate Clauses (4) and (7).
Moved
by Councillor K. Usman
Seconded
by Councillor G. McKelvey
That
Report No. 24 - Finance & Administrative Committee be received and adopted.
May 6, 2002
(1) WEBSITE AUDIO STREAMING
OF
COUNCIL MEETINGS (9.0 & 7.14)
That
By-law No. 2001-1, "A By-law to Govern The Proceedings Of Council And
Committees Of Council" be amended to permit regular website audio streaming
of Council meetings.
(By-law 2002-72)
(2) 536142
ONTARIO INC. AND YORKWOOD HOMES
MODEL HOME AGREEMENT (8.4)
That
the Town be authorized to enter into a Model Home Agreement with 536142 Ontario
Inc. and Yorkwood Homes with respect to Lots 22, 29, 35 and 55 to 59 inclusive,
on Draft Plan of Subdivision 19T-95012, Phase 1 and that the Mayor and Clerk be
authorized to execute the agreement in a form satisfactory to the Town
Solicitor.
(3) WORKPLACE
SAFETY AND INSURANCE BOARD
CONSULTATION ON COVERAGE (11.0)
That
the attached submission, Appendix 1, from the Schedule 2 Employers Group to the
Workplace Safety and Insurance Board (WSIB) in response to the Consultation on
Coverage be endorsed.
(4) TAXI
AND LIMOUSINE LICENSING (2.23)
That By-law No.
2001-40, 'A By-law for Licensing, Regulating and Governing Owners and Drivers
of Taxicabs and Taxicab Brokers' be amended;
And that
By-law No. 206-98, 'A By-law to License and Regulate Owners and Drivers of
Limousines' be amended;
And that a new
class of 'Premiere' taxi licenses be established and twenty licenses be issued;
And that the
requirement for vehicles three years or less be phased in, conditional upon
vehicles passing the safety inspection;
And that
payment for the initial license fee be accepted over a twenty-four (24) month
period, if necessary;
And that a cap
of fifty limousine licenses be established;
And
that the Town Clerk prepare a report
and recommendation on whether the age of vehicles operating with the
current plates should be capped.
(By-laws
2002-73 & 2002-74)
CARRIED AS AMENDED
(See following motion
to amend)
(See following motion
to amend which was Lost)
Moved by Councillor J. Virgilio
Seconded by Councillor K. Usman
That Clause (4), Report No. 24 be amended to
include the following 2 paragraphs:
"And that the requirement for vehicles three years or less be
phased in, conditional upon vehicles passing the safety inspection;
And that payment for the initial license fee be accepted over a
twenty-four (24) month period, if necessary;"
CARRIED
…………………………………
Deputy
Mayor F. Scarpitti vacated the Chair and Regional Councillor T. Wong assumed
the Chair.
…………………………………
Moved by Councillor A. Chiu
Seconded by Deputy Mayor F. Scarpitti
That the Town of Markham issue ten (10) 'Regular' taxi licenses to the
first ten (10) drivers on the Town's registration list and issue 'Premiere'
taxi licenses to the next ten (10) drivers on the Town's registration list with
an option to advertise in the event drivers on the registration list are not
interested.
LOST
(See following
recorded vote) (2:7)
YEAS: Deputy Mayor F.
Scarpitti, and Councillor A. Chiu (2)
NAYS: Regional
Councillor T. Wong, Councillor S. Daurio, Councillor E. Shapero, Councillor J.
Virgilio, Councillor G. McKelvey, Councillor D. Horchik, and Councillor K.
Usman (7)
ABSENT: Mayor
D. Cousens, Regional Councillor G. Landon, Regional Councillor B. O'Donnell,
and Councillor J. Heath (4)
…………………………………
Regional
Councillor T. Wong vacated the Chair and Deputy Mayor F. Scarpitti assumed the
Chair.
…………………………………
(5) FOOD
PREMISES INSPECTION AND DISCLOSURE (2.0)
That
By-law 2001-37, as amended, being a by-law to provide for the Licensing and
Regulation of Eating Establishments, be repealed and that a new by-law be
introduced to Council to include the licensing of all food premises that
conduct food preparation on site;
And
that a standard business licensing fee of $100.00 be introduced for all food
premises;
And
that the new by-law stipulate that a notice visible to members of the public be
posted at the entrance indicating that a food premise inspection report is
available on request;
And
further that the new by-law take effect January 1, 2003.
(By-law 2002-75)
(6) BODY-RUB
PARLOURS - HOURS OF OPERATION (2.0)
That
By-law No. 116-98, 'A By-law Respecting the Licensing, Regulating and
Inspecting of Body-Rub Parlours and Body-Rub Attendants' be amended to provide:
(1) for a daily closing time of 9:00 p.m.; (2) to specify the type and size of
viewing windows in the massage room doors; and (3) to stipulate the manner in
which an attendant or operator shall be clothed.
(By-law 2002-76)
(7) LICENSING OF
COMPLEMENTARY HEALTH
CARE ESTABLISHMENTS (2.0 & 2.12)
That By-law
No. 116-98, 'A By-law Respecting the Licensing and Inspecting of Body-Rub
Parlours and Body-Rub Attendants' be amended to:
·
Revise the title to read
'A By-law Respecting the Licensing and Inspecting of Body-Rub Parlours and
Attendants and Complementary Health Care Service Providers and Attendants'
·
Amend Section 8 to
provide for a cap of twelve (12) Complementary Health Care Service
Establishments, grandfathering those currently in existence with the provision that application must
still be made for a license and that it may be denied;
·
Amend Section 8 to
exempt health care providers registered with the Province, such as
chiropractors and registered massage therapists;
·
Amend Section 46(b) to
remove the exemption from licensing of Complementary Health Care Service
Establishments and attendants;
·
Amend Schedule
"A" to provide for an annual license fee of $3,500; an annual
Operator's fee of $200 and an annual Attendant's fee of $200; and,
·
Amend Schedule
"B" to delete references to the exemption of Complementary Health
Care service providers from the licensing provisions of the By-law;
And further
that staff be authorized, in consultation with representatives of the holistic
industry, to bring forward a report recommending a by-law solely for the
recognition of Holistic Practitioners.
(By-law 2002-76)
CARRIED AS AMENDED
(See following
motions to amend)
Moved by Councillor D. Horchik
Seconded by Councillor G. McKelvey
That Clause (7), Report No. 24 be amended to include the following
wording at the end of paragraph 2:
"…with the provision that application must still be made for a
license and that it may be denied;
CARRIED
Moved by Regional Councillor G. Landon
Seconded by Regional Councillor T. Wong
That Clause (7), Report No. 24 be amended to add the following
paragraph:
"And further that staff be authorized, in consultation with
representatives of the holistic industry, to bring forward a report
recommending a by-law solely for the recognition of Holistic
Practitioners."
CARRIED
(8) CAFETERIA
SERVICES FOR MARKHAM CIVIC CENTRE
014-R-02 (7.12)
That
RFP 014-R-02 for Cafeteria Services for Markham Civic Centre be awarded to the
highest ranked acceptable bidder, Unique Caterers and Party Services, for a
term of FOUR (4) years with an option to renew for a additional THREE (3) years
based on mutual agreement and with conditions that provide a financial return
to the Town as follows:
1. Fixed
Maintenance Fee of $200.00 per month
2. 1%
of gross sales including coffee cart, till sales and catering services
3. Additional
1% of gross sales from catering services for non-Town related functions
4. Annual
assessed property tax for the cafeteria
5. Cafeteria
rental of $200.00 per non-Town related function catered in the Town cafeteria
And
that funds collected will be credited to account #750 751 8902 Civic Centre
Reflections Restaurant.
(9) GRANTS
POLICY/REVIEW (7.6)
That the
Grants funding allocation be brought forward annually during the budget process
for review and approval by Council;
And that a
budget and previous year’s financial statement be submitted with all requests
for funding for the Celebrate Markham Grants, as identified in Exhibit “A”, for
financial review by staff before funds are released with the addition of a
grant of $2000.00 for Seniors' Hall of Fame;
And that the
Uncommitted Grants of $6,250.00, together with $5,750.00 from the Council
Promotion Account #840 8415840 be transferred to the following categories:
Maximum for Category Maximum per grant
·
Travelling Teams $
3,000 $1,000
·
Council Promotion -
Minor $ 4,000 $ 250
·
Council Promotion -
Major $ 5,000 $1,000
Sponsorship of Tables -
·
Finance &
Administrative Committee approval as they come in.
·
B. Nanninga to circulate
in advance of submission to ensure the table is full.
And that
$3,000.00 be transferred from Council Special Events Expenditure Account
#110 1104290
to Celebrate Markham to fund the Senior Extravaganza;
And that the
budget allocation for each Councillor be increased by $500.00 to allow for cost
related to attend sponsored table events, be deferred;
And that the grants and
sponsorship guidelines, attached as Exhibit “B”, be approved for implementation
in 2002 with table sponsorship deleted;
And that all recipients of
grants or sponsorship funding in 2002 be sent a copy of the new guidelines be
deferred;
And that the funding
levels for the 2002 Grants and sponsorship allocations, attached as Exhibit
“C”, be approved with table sponsorship deferred and Seniors' Hall of Fame
added to Celebrate Markham Grants.
And that staff report
monthly to the Finance and Administrative Committee on all grant and
sponsorship requests;
And that a report be
prepared and brought forward in June on the following:
·
Sponsorship
of Tables
·
Volunteer
Awards
(10) 253
CARLTON ROAD, UNIONVILLE
OMB SEVERANCE AND MINOR VARIANCE APPEALS
COMMITTEE OF ADJUSTMENT FILE NOS. A/05/02,
A/08/02, B/05/02 (11.3)
That
the Town Solicitor be instructed to not attend the Ontario Municipal Board
hearing respecting severance and minor variances appeals for 253 Carlton Road,
Unionville.
(11) BY-LAW
ENFORCEMENT & LICENSING
DIVISION RE-ORGANIZATION (11.3)
That,
contingent upon Council approval of the new initiatives surrounding the taxi
and limousine industries, the body-rub and complementary health care
establishments, food establishments and the new sign by-law, approval be
granted for the re-organization of the By-law Enforcement and Licensing
Division of the Clerks Department; it being understood that this approval
represents two additional full-time equivalents, the costs for which will be
offset entirely by revenue generation.
(12) TAX SALE PROPERTIES - UPDATE (7.3)
That
the Treasurer proceed with the sales of the following properties by public
tender under the Municipal Tax Sales Act,
R.S.O. 1990:
Assessment
Roll Number Address Description
1936-020-111-81400-0000 N/S Lyndhurst Dr. Vacant Land
1936-020-111-82000-0000 N/S Lyndhurst Dr. Vacant Land
And
That, prior to proceeding with the sale of the following property, staff bring
back a report including information on whether the lot is buildable:
1936-040-280-21250-0000
And
that the sale of 1936-040-272-01000 be deferred and referred to Committee of
the Whole and staff to discuss the possibility of the Town obtaining assignment
of the lien and vacant possession before proceeding to public sale and to
notify the owner prior to the Committee of the Whole.
(13) OTHER
COMMITTEE PROCEEDINGS
- MINUTES OF FINANCE &
ADMINISTRATIVE
COMMITTEE MEETING – MAY 6,
2002 (16.0)
CARRIED
7(c) REPORT NO. 25 - DEVELOPMENT SERVICES
COMMITTEE
Council consented to separate Clauses (1),
(3) and (11).
May 7, 2002
(1) HERITAGE MARKHAM COMMITTEE MINUTES -
ITEM # 44
ADDITIONAL PLANNING STAFF
MEMBER
HERITAGE MARKHAM COMMITTEE
(16.11)
That, in
consideration of the increasing volume of heritage issues, members of Heritage
Markham request that Council of the Town of Markham reconsider its decision
with respect to an additional planning staff member for the Heritage Program;
And that the
Thornhill Heritage District Plan be reviewed to address areas of concern;
And that Town
(Heritage Section) staff be requested to develop a proposal for Heritage
Markham’s consideration that will set out guidelines identifying those issues
that could be delegated and processed by staff rather than Heritage Markham.
DEFERRED
(See following motion to refer)
Moved by Regional Councillor T. Wong
Seconded by Councillor G. McKelvey
That Clause (1), Report No. 25 regarding the recommendations from the
Heritage Markham Committee be referred to staff of the Commissioner of
Development Services for a further report.
CARRIED
(2) UP-FRONTING OF THE DESIGN AND
CONSTRUCTION
OF THE TOWN CENTRE PARK IN
GREENSBOROUGH (10.7)
That the
report dated May 7, 2002 from the Development Services Commission, entitled
“Up-fronting of the Design and Construction of the Town Centre Park in
Greensborough” be received;
And that
Council approve the request by Greensborough Town Centre Ltd., to up-front the
cost of design, construction and contract administration of the Town Centre
Park within Greensborough subject to the following conditions:
- That Greensborough Town Centre Ltd.,
up-front the cost of the design, construction and contract administration
of the Town Centre Park estimated at approximately $725,000.00 inclusive
of all applicable taxes;
- That the Town of Markham provide up to
$175,000.00 towards this project from development charges for park
development under the understanding that Greensborough Town Centre Ltd.
contribute a minimum of $500,000.00 towards the development of this park;
- That the Town reimburse Greensborough
Town Centre Ltd., for invoices paid to date on a single lump sum basis for
all approved costs associated with the design, construction and contract
administration, including all applicable taxes, of the Town Centre Park up
to a maximum of $175,000.00, less the 10% holdback to be released to them
upon final assumption of the park by the Town, after sufficient
Development Charges for park development have been paid at the building
permit stage for residential lots within the Greensborough Community to
warrant repayment in full to the maximum allowable;
- That owners / developers within the
Greensborough Community, including Greensborough Town Centre Ltd., not
receive any credit towards park development charges and continue to pay
the park development charge at the building permit stage for all present
and future development phases of subdivisions within the Greensborough
Community;
- That Greensborough Town Centre Ltd.,
hire a landscape architect who is a full member of the OALA, and approved
by the Town, to complete the park design, prepare contract documents, and
supervise construction to the satisfaction of the Town;
- That Greensborough Town Centre Ltd.,
tender out the construction of the park works in accordance with Markham’s
Purchasing By-law and include a 2 year detailed maintenance contract for
the park as part of the tendered works;
- That Greensborough Town Centre Ltd.,
provide all costs for the maintenance of the park to Town standards from the
time that it is built, until such time as the park would normally have
been built in accordance with the Town’s park development strategy for
Greensborough which normally coincides with the time when sufficient
Development Charges for park development have been collected within the
Greensborough Community to warrant starting park construction. The Town
will not reimburse Greensborough Town Centre Ltd. for costs associated
with maintenance of the park;
- That funding for this park to a maximum
of $175,000.00 be included in the Urban Design, Development Services
Commission, 2003 Capital Budget submission.
(3) STATUS REPORT ON THE THORNHILL MAIN
STREET STUDY (10.8)
That the study terms of
reference attached as Appendix ‘A’ to the Development Services Commission
Report entitled “Status Report on the Thornhill Main Street Study”, dated May
7, 2002, be endorsed;
And that staff be
authorized to proceed with consultant selection and commencement of the Study,
in accordance with provisions of the Purchasing By-law, with consultant fees to
an upset limit of $30,900 (inclusive of 3% GST) to be paid from Capital Budget
Account 080-5399-3524-005;
And
that staff be authorized to expand the study area to include corresponding
lands on the west side of Yonge Street in the City of Vaughan subject to
Vaughan agreeing to participate in the Study and finance any additional
consulting fees;
And
further that Councillors S. Daurio and E. Shapero and Regional Councillor F.
Scarpitti being included in the Thornhill Main Street Study process.
CARRIED AS AMENDED
(See following motion to amend)
Moved by Councillor D. Horchik
Seconded by Councillor K. Usman
That Clause (3), Report No. 25 be
amended to add the following paragraph:
"And further that Councillors S. Daurio and E.
Shapero and Regional Councillor F. Scarpitti being included in the Thornhill
Main Street Study process."
CARRIED
(4) MARKHAM TRAILS - PHASE
3, 719429 ONTARIO LTD.
BERCZY VILLAGE COMMUNITY, DRAFT PLAN OF SUBDIVISION
AND REZONING - 19TM-01008 (SU.01-109178, ZA.01-109190) (10.5, 10.7)
That the
Record of Public Meeting held on February 19, 2002, regarding the proposed plan
of subdivision and implementing zoning by-law, 19TM-01008, Files SU.01-109178 & ZA.01-109190,
submitted by Markham Trails - Phase 3 (719429 Ontario Limited - Markham
Trails), Berczy Village Community, be received;
And that the draft plan of subdivision
19TM-01008 prepared by PMG Planning Consultants, identified as Project No.
2124, Drawing No. 2124-dp03.dwg, dated, February 5, 2001, Revised April 2,
2002, be draft approved subject to the conditions of draft approval set out in
Appendix ‘A’ to the report dated May 7, 2002 and the following red-line
revisions:
- the
R.O.W. for Hillwood Street, east of Street A be increased to 17 metres.
- replace
the proposed semi-detached lot (units 24 and 25) located at the southwest
corner of the draft plan with a townhouse block containing three units.
- a
widening across the full frontage of the site where it abuts McCowan Road
of sufficient width to provide a minimum 18 metres from the centreline of
construction of McCowan Road.
- a 15
metre by 15 metre daylighting triangle at the northwest and southwest
corners of McCowan Road.
- an
additional 2 metre widening, 40 metres in length, together with a 60 metre
taper for the purpose of a southbound right turn lane at the intersection
of McCowan Road and Castlemore Avenue; and,
- a 0.3
metre reserve across the full frontage of the site where it abuts McCowan
Road and adjacent to the above noted widening.
And that the application to amend zoning
by-laws 304-87 and 177-96 be approved and the implementing by-laws, set out in
Appendix ‘B’ to the staff report dated May 7, 2002, be enacted with a Holding
provision, without further notice;
And that the applicant submits the required
30% subdivision processing fee for the Phase 3 portion of the subdivision;
And that the Town reserves the right to
revoke or reallocate water allocation to the Draft Plan of Subdivision should
the development not proceed in a timely manner;
And that the draft plan not be signed by the
Director of Planning and the conditions of draft approval not be circulated
prior to the Town receiving conditions of draft approval from the Toronto and
Region Conservation Authority.
(By-laws 2002-77 and 2002-78)
(5) SHORT TERM LAND SUPPLY
FOR BUSINESS PARK
EMPLOYMENT: REQUIREMENTS AND OPPORTUNITIES (10.8)
That the
report entitled “Short Term Land Supply for Business Park Employment: Requirements and Opportunities”, dated May
7, 2002, be received;
And that staff be authorized:
a) to incorporate consideration of the Hydro One lands north of 14th
Avenue and west of Warden Avenue into the process underway to prepare a
proposed Official Plan Amendment to redesignate lands for office and industrial
use in the Highway 407/Rodick Road area;
b) to extend the work program for the Official Plan Amendment
identified in a), to include the
preparation of a Secondary Plan, subject to staff reporting back to Council on
terms of reference and consultant contract;
c) to include in the update of the Cornell Secondary Plan, a review of
implementation of the employment policies of the Plan including the potential
for lands north of Highway 407 and west of the Markham Bypass to be designated
for office and industrial use;
d) subject to concurrence by the Region of York that the Woodbine
Avenue By-pass can and will be delivered pursuant to Official Plan Amendments
and related implementing approvals, to initiate the preparation of an Official
Plan Amendment for lands between Highway 404 and Woodbine Avenue, north of the
Cathedral Community, to designate lands for office and industrial use, at appropriate locations subject to staff
reporting back to Council on terms of reference including application of Rouge
North Management Plan criteria;
e) to request the Region of York to take account of the proposed
business park uses between Highway 404 and Woodbine Avenue north on the
Cathedral Community at appropriate locations, and to address the associated
transportation system requirements in the environmental assessment process
currently underway for the Woodbine Avenue bypass of Victoria Square; and,
f)
to report further
regarding the adoption of the Box Grove Secondary Plan;
And that the above draft planning documents be
prepared in consultation with Development Services Committee and the Executive
Management Team, to ensure consistency with the Town’s Economic Development
Strategy, particularly in relation to achieving attractive, high quality
business parks containing an appropriate mix of employment uses and
demonstrating appropriate standards of development;
And further that staff bring forward an information
report to the Development Services Committee regarding the Official Plan
Amendment to redesignate lands on the north side of 14th Avenue east
of McCowan Road for office and industrial use that was deferred in April, 2001,
addressing the issues raised at the Public Meeting;
And further that the three current capital accounts
for Employment Land Studies that total approximately $437,849 be closed, and
that further required staff reports include details of the budget requirements
to fund the above work before the work proceeds.
(6) MILLIKEN MILLS MAIN STREET URBAN DESIGN
STUDY:
STATUS REPORT ON CONSULTANT
SELECTION (10.8)
That the Development
Services Commission Report entitled “Milliken Mills Main Street Urban Design
Study: Status Report on Consultant Selection”, dated May 7, 2002, be received;
And that the Study proceed
as outlined in the report;
And further that
consultant fees to an upset limit of $48,410 (inclusive of 3% GST) be paid from
the 2001Capital Budget “Milliken Main Street”, Account No. 80-5399-3523-005.
(7) CHINA
SCIENCE PARK INITIATIVE (10.16)
That the report entitled “China Science Park Initiative” be received;
And That the Town authorize the Director of Economic Development to
proceed with the implementation of a business mission to China at a cost not to
exceed $15,000.00 to be funded from the approved 2002 Business Travel account
#610-9985201;
And Further That Regional Councillor Wong and Sr. Business Development
Officer Ted Northcott be approved to participate in the business mission to
China.
(8) CORNELL SECONDARY PLAN
AND OPEN SPACE
MASTER PLAN UPDATE - CONSULTANT SELECTION AND BUDGET (10.4)
That Urban Strategies Inc.
and associated sub-consultants be retained to update the Secondary Plan and
Open Space Master Plan for the Cornell community;
And that staff be
authorized to prepare a standard consulting contract, incorporating a final
work program acceptable to the Acting Commissioner of Development Services, and
a consultant budget not to exceed $75,345 (inclusive of 3% GST);
And further that the
consulting fees be paid from Capital Budget Account No. 80-5399-3522-005.
(9) GROUP
HOMES, RESOLUTION OF APPEAL OF BY-LAW 72-91 (10.0)
That the Development Services Commission
Report entitled “Resolution of Appeal of By-law 72-91 Regarding Group Homes, be
received;
And that Staff be authorized to finalize the
necessary Official Plan Amendment and Zoning By-law documents to reflect the
proposed revisions negotiated with the Ministry of Municipal Affairs and
Housing as outlined in the Report;
And that the revised documents be forwarded
to the Ministry of Municipal Affairs and the Region of York for confirmation of
acceptance of the negotiated revisions;
And that the Region of York be requested to
modify and approve the deferred sections of OPA No. 58 relating to the adopted
Group Homes policies of OPA No.97;
And that the Town Solicitor be authorized to
request the Ontario Municipal Board to approve By-law 72-91 incorporating the
revisions agreed to by the Town of Markham and the Ministry of Municipal
Affairs and Housing;
And that staff undertake all necessary steps
to conclude approval of the By-law by the Ontario Municipal Board;
And that in preparing a draft Registration
By-law, staff be requested to report on the process to notify Ward Councillors
of proposed group homes;
And that the Province be formally requested
to not license any new group homes in Markham until the Town has confirmed in
writing that the proposed group home complies with Town regulations, and until
the licensing Ministry is satisfied that all Provincial standards and protocols
have been met, including those Provincial protocols that pertain to informing
the public of new group home proposals.
(10) TELECOMMUNICATION -
STREET FURNITURE (10.0)
That
the correspondence from Rick Engelhardt, Senior Planner & Municipal
Liaison, Bell, dated April 23, 2002, and from John T. Armstrong, Director of
Municipal & Industry Relations, Rogers Cable, dated April 23, 2002,
regarding telecommunication street furniture, be received.
And that the Director of Engineering's May 7,
2002 memorandum be received;
And
that the utilization of the SkyCast-Trafalgar Pole as a pilot project in the
Grand Life plan of subdivision (19TM-01013) be endorsed in principle subject to
resolution of issues outlined in the report to the satisfaction of the Director
of Engineering and the Director of Street Services;
And
that staff report back to Development Services Committee before beginning the
Trafalgar pilot project, as to the status of approvals for the Trafalgar Pole
and a policy for the treatment of utility pedestals.
(11) OTHER
COMMITTEE PROCEEDINGS
- MINUTES OF DEVELOPMENT
SERVICES
COMMITTEE MEETING – MAY 7,
2002 (16.0)
7(d) REPORT NO. 26 - DEVELOPMENT SERVICES
COMMISSION
Moved by
Councillor G. McKelvey
Seconded by
Regional Councillor T. Wong
That Report
No. 26 - Development Services Commission be received and adopted.
(1) MILLIKEN MILLS MAIN
STREET URBAN DESIGN
STUDY - INTERIM CONTROL BY-LAW (10.8)
That the
interim control by-law for the Milliken Mills Main Street Urban Design Study be
enacted without further notice.
(By-law 2002-79)
CARRIED
8. MOTIONS
Council
consented to add Motions (1), (2) and (3)
(1) COMMUNITY
SAFETY VILLAGE OF YORK REGION (12.2.6)
Moved by
Regional Councillor G. Landon
Seconded by
Councillor J. Virgilio
That
the information package and presentation from the Community Safety Village of York
Region, be received;
And
that the Town of Markham endorses the Community Safety Village of York Region;
And
that the CAO be directed to forward a letter of support to the Community Safety
Village of York Region;
And
further that the various methods of supporting this endeavour be forwarded to
staff for review and a report back.
CARRIED
(2/3rds vote to consider was
required and obtained)
(2) BODY-RUB
PARLOURS - HOURS OF OPERATION (2.0)
Moved by
Councillor G. McKelvey
Seconded by
Regional Councillor T. Wong
That the
deputation by Mr. Leonard Hochberg in objection to proposed amendments to
By-law No. 116-98, 'A By-law Respecting the Licensing, Regulating and
Inspecting of Body-Rub Parlours and Body-Rub Attendants' be received;
And that the
staff recommendation as set out below, be confirmed:
“That By-law
No. 116-98, 'A By-law Respecting the Licensing, Regulating and Inspecting of
Body-Rub Parlours and Body-Rub Attendants' be amended to provide: (1) for a
daily closing time of 9:00 p.m.; (2) to specify the type and size of viewing
windows in the massage room doors; and (3) to stipulate the manner in which an
attendant or operator shall be clothed.”
CARRIED
(2/3rds vote to consider was
required and obtained)
(3) MAIN
STREET MARKHAM BEAUTIFICATION
COMMITTEE – APPOINTMENT
(16.24)
Moved by
Councillor A. Chiu
Seconded by
Regional Councillor T. Wong
That Regional
Councillor G. Landon be appointed to the Markham Beautification Committee.
CARRIED
(2/3rds vote to consider was
required and obtained)
9. COMMUNICATIONS
Council
consented to add Communication Nos. 157-2002 to 170-2002.
Moved by
Regional Councillor T. Wong
Seconded by
Councillor A. Chiu
That Council
receive and consent to the disposition of communications in the following
manner:
Received
145-2002 Association of
Municipalities of Ontario - Requesting nominations to the 2002-2003 AMO Board
of Directors. (13.12.2)
146-2002 The Regional
Municipality of York - Forwarding a resolution regarding the York Region
No-Smoking By-law Implementation - A Review of Phase II: August to December,
2001". (13.4)
147-2002 The Regional
Municipality of York - Forwarding a resolution regarding the West Nile Virus
Contingency Plan. (13.4)
148-2002 The Unionville
Villagers Association – Forwarding their concerns regarding the final report of
the Markham Sign By-law review (2.16)
157-2002 Sophie Reeves –
Forwarding opposition to the proposed amendment to By-law No. 116-98 “A By-law
Respecting the Licensing, Regulating and Inspecting of Body-Rub Parlours and
Body-Rub Attendants”. (2.0 & 2.12) (See Clause 7, Report No. 24, 2002)
158-2002 Jim Fairman, a
Holistic Practitioner and Board Member of the Ontario Polarity Therapy
Association – Forwarding opposition to holistic practitioners being included in
the proposed amendment to By-law No. 116-98 “A By-law Respecting the Licensing,
Regulating and Inspecting of Body-Rub Parlours and Body-Rub Attendants”. (2.0
& 2.12) (See Clause 7, Report No. 24, 2002)
159-2002 Susan Fairman, a
Holistic Practitioner and member of the Canadian Academy of Chinese Traditional
Health Sciences and the Canadian Association of Acupuncture and Traditional
Medicine – Forwarding opposition to holistic practitioners being included in
the proposed amendment to By-law No. 116-98 “A By-law Respecting the Licensing,
Regulating and Inspecting of Body-Rub Parlours and Body-Rub Attendants”. (2.0
& 2.12) (See Clause 7, Report No. 24, 2002)
160-2002 Energetics the
healing way of energy – Forwarding opposition to holistic practitioners being
included in the proposed amendment to By-law No. 116-98 “A By-law Respecting
the Licensing, Regulating and Inspecting of Body-Rub Parlours and Body-Rub
Attendants”. (2.0 & 2.12) (See Clause 7, Report No. 24, 2002)
161-2002 Marg Williams,
RPP, a registered Polarity Practitioner – Forwarding opposition to holistic
practitioners being included in the proposed amendment to By-law No. 116-98 “A
By-law Respecting the Licensing, Regulating and Inspecting of Body-Rub Parlours
and Body-Rub Attendants”. (2.0 & 2.12) (See Clause 7, Report No. 24, 2002)
162-2002 Mirja McAdam,
Holistic Health Care Practitioner – Forwarding opposition to holistic
practitioners being included in the proposed amendment to By-law No. 116-98 “A
By-law Respecting the Licensing, Regulating and Inspecting of Body-Rub Parlours
and Body-Rub Attendants”. (2.0 & 2.12) (See Clause 7, Report No. 24, 2002)
163-2002 Victoria
Lorient-Faibish BA,RPP, Registered Polarity Practitioner, Reiki Master, New
Decision Therapy Practitioner and Instructor, President Ontario Polarity
Therapy Association – Forwarding opposition to holistic practitioners being
included in the proposed amendment to By-law No. 116-98 “A By-law Respecting
the Licensing, Regulating and Inspecting of Body-Rub Parlours and Body-Rub
Attendants”. (2.0 & 2.12) (See Clause 7, Report No. 24, 2002)
164-2002 James Reid on
behalf of the Board of Directors, Canadian Trager Association – Forwarding
opposition to Trager Practitioners being included in the proposed amendment to
By-law No. 116-98 “A By-law Respecting the Licensing, Regulating and Inspecting
of Body-Rub Parlours and Body-Rub Attendants”. (2.0 & 2.12) (See Clause 7,
Report No. 24, 2002)
165-2002 Linda Kuschnir,
Executive Director, Transformational Arts College – Forwarding opposition to
Holistic Practitioners being included in the proposed amendment to By-law No.
116-98 “A By-law Respecting the Licensing, Regulating and Inspecting of
Body-Rub Parlours and Body-Rub Attendants”. (2.0 & 2.12) (See Clause 7,
Report No. 24, 2002)
166-2002 Gord Riddell,
Co-founder, Transformational Arts College – Forwarding opposition to Holistic
Practitioners being included in the proposed amendment to By-law No. 116-98 “A
By-law Respecting the Licensing, Regulating and Inspecting of Body-Rub Parlours
and Body-Rub Attendants”. (2.0 & 2.12) (See Clause 7, Report No. 24, 2002)
167-2002 Kathy Ryndak,
Co-founder, Transformational Arts College – Forwarding opposition to Holistic
Practitioners being included in the proposed amendment to By-law No. 116-98 “A
By-law Respecting the Licensing, Regulating and Inspecting of Body-Rub Parlours
and Body-Rub Attendants”. (2.0 & 2.12) (See Clause 7, Report No. 24, 2002)
168-2002 Dr. F.M.J.
Levenston, Central Chiropractic Clinic – Forwarding opposition to Holistic
Practitioners being included in the proposed amendment to By-law No. 116-98 “A
By-law Respecting the Licensing, Regulating and Inspecting of Body-Rub Parlours
and Body-Rub Attendants”. (2.0 & 2.12) (See Clause 7, Report No. 24, 2002)
Referred to all Members of Council
149-2002 Proclamation -
Markham Fair Week - Week of September 30, 2002. (3.4)
150-2002 Liquor Licence
Application - Request to complete the Municipal Information Form for Shoeless
Joe's, 9441 Highway No. 48, Unit 1, Markham (indoor & outdoor area). (3.21)
151-2002 The Unionville
Villagers Association – Forwarding their concerns regarding the Firkin Pub, 175
Main Street, Unionville, as well as a summary of the findings of Mr. Don
Hindson, Cattanach Hindson Sutton VanVeldhuizen, on the matter.
(See Clause 11, Report No. 25, 2002) (2.16)
152-2002 Anne Pride,
Owner, Living Lighting – Forwarding comments regarding the proposed new Markham
Sign By-law.
(See Clause 11, Report No. 25, 2002) (2.16)
153-2002 Don Reid, Chair,
Reflexology Registration Council of Ontario - Forwarding information regarding
the licensing of complementary health care establishments. (2.0 & 2.12)
(See Clause 7, Report No. 24, 2002)
169-2002 Joan Jenkyn,
Member, Markham Conservation Committee – Forwarding objection to the proposed membership
for the Markham Pesticide Reduction Steering Committee and enclosing a News
Release from the City of Toronto announcing the launch of public conversation
on pesticide reduction. (5.7) (See Clause 4, Report No. 23, 2002)
Referred to the CAO
154-2002 City of Toronto -
Forwarding a resolution regarding the Implications of the Sale of Hydro One for
the City of Toronto. (13.5.2)
155-2002 Town of Richmond
Hill - Forwarding a resolution regarding the Potential Privatization of Hydro
Corridors - Hydro One Initial Public Offering endorsing the resolution from the
City of Vaughan with amendments. (13.5.2)
Referred to the Town Clerk
156-2002 Eun Young Teri
Hwang, Owner, Too Good Café – Forwarding a request for approval to temporarily
extend the Café’s operating area during the Unionville Village Festival (May
31, June 1 and 2, 2002) to facilitate the temporary extension of liquor license
by the Alcohol and Gaming Commission of Ontario. (3.21)
170-2002 Judi McIntyre,
Manager, Markham Village B.I.A. – Forwarding a request for approval to
temporarily extend the operating area of The Duchess of Markham, The Fox &
Fiddle, Red Hot Bistro, and Main Street Grill during the Markham Village
Festival (Friday, June 14 from 6:00 p.m. to 11:00 p.m. and Saturday, June 15,
2002 from 11:00 a.m. to 6:00 p.m.) to facilitate the temporary extension of
liquor licenses by the Alcohol and Gaming Commission of Ontario. (3.21)
CARRIED
10. BY-LAWS
Moved by
Regional Councillor T. Wong
Seconded by
Councillor A. Chiu
That By-laws
2002-70 to 2002-86 be given three readings and enacted.
Three Readings
BY-LAW 2002-70 A by-law to amend Parking By-law 336-88 (Permit parking - inner
circle of Tamarack Drive and west side of Westborough Drive)
(Clause 8, Report No. 23, 2002) (Councillor S. Daurio abstained)
BY-LAW 2002-71 A by-law to provide for the expropriation of land for the
extension of Rodick Road and Highway 407 overpass (Parcel 8-1, in the Register
for Section MA-4, being Part of Lot 8, Concession IV, and designated as Part 2
on Reference Plan No. 65R-24117; Part of PIN 03032-0075)
(Clause 9, Report No. 23, 2002)
BY-LAW 2002-72 A by-law to amend By-law 2001-1, a by-law to govern the
proceedings of Council and Committees of Council, to permit the recording of
Proceedings.
(Clause 1, Report No. 24, 2002)
BY-LAW 2002-73 A by-law to amend By-law 2001-40, a by-law for licensing,
regulating and governing owners and drivers of taxicabs and taxicab brokers.
(Clause 4, Report No. 24, 2002)
BY-LAW 2002-74 A by-law to amend By-law 206-98, a by-law to licence and
regulate owners and drivers of limousines
(Clause 4, Report No. 24, 2002)
BY-LAW 2002-75 A by-law to provide for the licensing and regulation of eating
establishments and food stores (repeals By-law 2001-37)
(Clause 5, Report No. 24, 2002)
BY-LAW 2002-76 A by-law to amend Body-Rub Parlour By-law 116-98, respecting
the hours of operation of complementary health care services
providers.
(Clause 6 & 7, Report No. 24, 2002)
BY-LAW 2002-77 A by-law to amend Zoning By-law 304-87, as amended (719429
Ontario Limited (Markham Trails) - To delete the lands from the subject by-law
so that it may be incorporated into Zoning By-law 177-96, as amended to permit
the development of a draft plan of subdivision.
(Clause 4, Report No. 25, 2002)
BY-LAW 2002-78 A by-law to amend Zoning By-law 177-96, as amended (719429
Ontario Limited (Markham Trails - Phase 3) - To permit the development of a
draft plan of subdivision.
(Clause 4, Report No. 25, 2002)
BY-LAW 2002-79 A by-law to amend Zoning By-laws 90-81 and 47-85, as amended
(Interim Control By-law for Milliken Mills Main Street Study Area).
(Clause 1, Report No. 26, 2002)
BY-LAW 2002-80 A by-law to amend Zoning By-law 108-81, as amended (J.V.H.
Properties Ltd., 70 Denison Street - To permit a meat packing and processing
facility within the existing building on the subject property)
(Clause 11, Report No. 22, 2002)
BY-LAW 2002-81 A by-law to authorize the execution of a Transfer/Deed of land
to Unionville Village Investments Inc. (139 Main Street, Lot 1 and Part of Lot
2, Plan 348, designated as Part 1 on Reference Plan 64R-7561).
(Clause 13, Report No. 21, 2002)
BY-LAW 2002-82 A by-law to dedicate certain land as part of the highways of
the Town of Markham (Part of Block 1, Plan 65M-3296, designated as Parts 2, 3,
4 & 6, Plan 65R-24407 - Lane K; Part of Block 3, Plan 65M-3296, designated
as Parts 1, 2, 3 & 4, Plan 65R-24409 - Lane K; Part of Lots 14 & 15,
Concession 9, designated as Parts 1 & 2, Plan 65R-23052 - Lane K.
(Council Meeting No. 10, 2002)
BY-LAW 2002-83 A by-law to dedicate certain lands as part of the highways of
the Town of Markham (Part of Lot 21, Concession 7, designated as Part 6, Plan
64R-4170 - Major McKenzie Drive)
(Council Meeting No. 10, 2002)
BY-LAW 2002-84 A by-law to amend Urban Expansion Zoning By-law 177-96, as
amended (Mardevco Holdings Inc., Woodbine Cachet South Inc., Phase 4,
19T-97002, Part Lot 19, Concession 3 - To remove Holding Provision (H))
(Council meeting No. 10, 2002)
BY-LAW 2002-85 A by-law to amend Urban Expansion Zoning By-law 177-96, as
amended (Aspen Ridge Homes (Cornell) Limited, Part of Lot 13, Concession 9 - To
remove Holding Provision (H))
(Council meeting No. 10, 2002)
BY-LAW 2002-86 A by-law to confirm the proceedings of the Council meeting of
May 14, 2002.
(Council
Meeting No. 10, 2002)
CARRIED
11. ADJOURNMENT
Moved by
Councillor A. Chiu
Seconded by
Councillor J. Virgilio
That the
meeting do adjourn.
CARRIED
Council
adjourned at 10:40 p.m.
_________________________________ ____________________________________
SHEILA
BIRRELL, TOWN CLERK FRANK
SCARPITTI, DEPUTY MAYOR
(Signed)