Logo

                                                                                                                                      2004-4-27

COUNCIL MINUTES  Council Chamber, Civic Centre

Meeting No. 10

 

(Canada Room)

COMMITTEE OF THE WHOLE

 

ROLL CALL

Mayor D. Cousens, Deputy Mayor F. Scarpitti, Regional Councillor J. Heath, Regional Councillor J. Jones, Regional Councillor B. O'Donnell, Councillor S. Daurio, Councillor E. Shapero, Councillor J. Virgilio (4:47 p.m.), Councillor G. McKelvey, Councillor J. Webster, Councillor D. Horchik, Councillor K. Usman, Councillor A. Chiu. (13)

 

Moved by Councillor A. Chiu

Seconded by Regional Councillor J. Jones

 

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

 

(1)     Project Synergy - Proposed Amalgamation of Markham Hydro Distribution Inc., Vaughan Hydro Distribution Inc. & Richmond Hill Hydro Distribution Inc. (13.7)

(2)     Amalgamation of Markham Hydro Distribution Inc., Hydro Vaughan Distribution Inc. & Richmond Hill Hydro Inc. ("Amalco") Nominations to the Board of Directors (13.7)

(3)     In Camera Items from Audit Committee (April 19, 2004)

(4)     In Camera Items from Finance & Administrative Committee (April 19, 2004)

(5)     Three-Stream Collection Implementation (5.1)

(6)     2004 Advisory Committee/Board Appointments (16.24)

(7)     2004 Grants Subcommittee Appointments (16.24)

(8)     Innovation Synergy Centre in Markham (ISCM) Governance (16.24)

(9)     Council's Strategic Priorities 2004 To 2006 (16.0)

(10)   Licensing Hearing "MacHealth Centre" 115 Apple Creek Blvd., Unit 1, Markham (2.0)

(11)   Commissioners' Remuneration (11.0)

(12)   York Region - April 19, 2004 (5.1)

 

CARRIED

 

The Regular Meeting of Council was held on April 27, 2004 at 7:25 p.m. in the Council Chamber, Civic Centre.  Mayor D. Cousens presided.

 

(Council Chambers)

 

ROLL CALL

Mayor D. Cousens, Deputy Mayor F. Scarpitti, Regional Councillor J. Heath, Regional Councillor J. Jones, Regional Councillor B. O'Donnell, Councillor S. Daurio, Councillor E. Shapero, Councillor J. Virgilio, Councillor G. McKelvey, Councillor J. Webster, Councillor D. Horchik, Councillor K. Usman, Councillor A. Chiu. (13)


 

STAFF

J. Livey, Chief Administrative Officer

J. Baird, Commissioner of Development Services

S. Birrell, Town Clerk

C. Conrad, Town Solicitor

B. Cribbett, Treasurer

P. Ingham, General Manager, Operations

P. Loukes, Director of Operations & Asset Management

P. Miller, Manager, Secretariat Services

B. Nanninga, Executive Assistant

J. Sales, Commissioner of Community and Fire Services

A. Taylor, Commissioner of Corporate Services

 

 

 

1.         DISCLOSURE OF PECUNIARY INTEREST

 

Councillor J. Virgilio disclosed an interest with respect to Clause (3), Report No. 23 and By-laws 2004-89 and 2004-90, the proposed development by Iole and Sandro Capogna for Part Lot 16, Concession 9, by nature of representing the owner of the property and did not take part in the consideration or discussion of or vote on the question of the approval of such matter.

 

Councillor J. Virgilio disclosed an interest with respect to Clause (6), Report No. 23 - Development Services Committee Minutes (Item 6), the Rose and Firkin establishment at 175 Main Street, Unionville, by nature of representing the owner 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 G. McKelvey

Seconded by Councillor J. Virgilio

 

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

 

CARRIED

 

Mayor D. Cousens reported the following motions passed at the Committee of the Whole meeting:


 

(1)        PROJECT SYNERGY - PROPOSED
            AMALGAMATION OF MARKHAM HYDRO DISTRIBUTION
            INC., VAUGHAN HYDRO DISTRIBUTION INC. AND RICHMOND
            HILL HYDRO DISTRIBUTION INC. (13.7)

 

The Chief Administrative Officer announced that the Ontario Energy Board has approved the MAAD's (Mergers, Acquisitions, Amalgamations and Divestitures) application filed by Markham and Vaughan in respect of the proposed amalgamation.  It is anticipated that the closing will take place on June 1, 2004.

 

 

(2)        AMALGAMATION OF MARKHAM HYDRO
            DISTRIBUTION INC., HYDRO VAUGHAN DISTRIBUTION INC.
            AND RICHMOND HILL HYDRO INC. ("AMALCO")
            NOMINATIONS TO THE BOARD OF DIRECTORS (13.7)

 

That the report entitled "Amalgamation of Markham Hydro Distribution Inc., Hydro Vaughan Distribution Inc. and Richmond Hill Hydro Inc. ("Amalco") - Nominations to the Board of Directors" be received;

 

And that Council nominate the following four (4) persons to the position of Directors for Amalco, comprised of two (2) Councillors and two (2) persons who are not Councillors ("lay persons"):

 

            David Allison, lay person                      term of three (3) years

            Richard Ling, lay person                       term of two (2) years

            Mayor D. Cousens                               term to expire January 1, 2007

            Deputy Mayor F. Scarpitti                    term to expire January 1, 2007

 

And that the lay persons be nominated for staggered terms of two (2) and three (3) years;

 

And that this decision be made public, subject to Council authorizing the above.

 

 

(3)        IN CAMERA ITEMS FROM AUDIT
COMMITTEE (APRIL 19, 2004)

 

-           AUDIT FINDINGS REPORT FOR YEAR
            ENDED DECEMBER 31, 2003 (7.2)

That the confidential Audit Findings Report presented to the Audit Committee for the year ended December 31, 2003, be received.


 

(4)        IN CAMERA ITEMS FROM FINANCE AND ADMINISTRATIVE
COMMITTEE (APRIL 19, 2004)

 

-           AMBER PLAIN INVESTMENTS LIMITED
            RECONVEYANCE OF PLACE OF WORSHIP SITE
            BLOCK 2, PLAN 65M-3490 (8.1)

 

That a by-law be enacted authorizing the Mayor and Clerk to execute the necessary conveyance to Amber Plain Investments Limited, for lands legally described as Block 2, Plan 65M-3490, in a form satisfactory to the Town Solicitor;

 

And that the Subdivision Agreement between the Town and Amber Plain Investments Limited be amended to delete the provisions requiring the place of worship site to be held in escrow by the Town and replacing them with provisions consistent with the new Place of Worship policy;

 

And that this decision be made public, subject to Council authorizing the above.

(By-law 2004-86)

 

 

(5)        THREE-STREAM COLLECTION
            IMPLEMENTATION (5.1)

 

Whereas on September 26, 2000, the Town of Markham resolved to develop a 3-Stream waste management system to increase waste diversion to reduce waste to landfill;

 

And whereas the Town of Markham conducted extensive research and pilot projects to develop its 3-Stream collection program in consultation with the public and the Region of York;

 

And whereas the Town of Markham is recognized as a leader in waste management with one of the highest diversion rates in Ontario and recognizes that, to achieve the Provincial target of 60% diversion or better, source separated organics (SSO) through a 3-Stream collection system (SSO, recycling and residual (garbage)) is necessary;

 

And whereas one of the Town of Markham Corporate Goals is Environmental Focus to meet the needs and expectations of the community in a fiscal responsible manner;

 

And whereas in order to implement 3-Stream collection an extension to the Town's collection contract with Miller Waste has been negotiated in compliance with the Town's Purchasing By-law;

 

And whereas an independent third party evaluation and market comparisons of industry standards has been conducted;


 

Now therefore be it resolved that the report dated April 19, 2004 entitled "3-Stream Collection Implementation" and the supplementary report dated April 27, 2004 entitled "Supplementary Report - 3-Stream Collection Implementation" be received;

 

And that a 3-Stream collection system be phased-in with Phase 1 to start in September, 2004 for approximately 15,000 homes and Phase 2 to start in September, 2005 for the balance of the Town at an estimated increased cost of $1.37 per household per year;

 

And that Council approve the negotiated 3-Stream collection price from Miller Waste Systems for Option #5 - weekly collection of kitchen organics and commingled recyclables, and the bi-weekly collection of residual garbage on a 5-day collection schedule and the negotiated terms and conditions resulting in an estimated annual cost of $5,320,000.00;

 

And that Markham's 3-Stream implementation schedule be provided to the Region;

 

And that Council approve an amendment and extension of the current waste collection contract with Miller Waste Systems in accordance with the Town's Purchasing By-Law #143-2000 Clause 14(1)(c) in order to commence 3-Stream collection in 2004 to November 30, 2011;

 

And that the Mayor and Clerk be authorized to execute the collection contract amendment and extension in a form satisfactory to the Town Solicitor;

 

And that, from September 2004 to July 2005, the Town of Markham pay the Region of York 50% of the additional cost for transfer and processing of commingled recyclables at an estimated cost of $75,000 in 2004 and an estimated cost of $175,000 in 2005, to be paid from the Waste Management Reserve Fund in 2004 and be included in the Waste Management Capital Budget in 2005;

 

And that Markham request the Region to assume 100% of any additional costs for transfer and processing of commingled recyclables incurred after July, 2005 if the Bales Rd. recycling facility is not available;

 

And that Council request the Region of York to include Markham staff in its negotiations with the City of Toronto to reduce the cost for transfer and processing, and that the phasing plan be submitted to the Region in order to negotiate with Halton Region Recycling Ltd.;

 

And that staff report back on the 3-bag limit issue.

 

 

Moved by Councillor A. Chiu

Seconded by Regional Councillor J. Jones

 

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

 

CARRIED


 

3.         MINUTES

 

(1)        COUNCIL MINUTES - APRIL 13, 2004

 

Moved by Councillor A. Chiu

Seconded by Councillor K. Usman

 

That the Minutes of the Council Meeting held on April 13, 2004, be adopted.

 

CARRIED

 

 

(2)        COUNCIL MINUTES - MARCH 30, 2004

 

Moved by Councillor A. Chiu

Seconded by Councillor K. Usman

 

That the Committee of the Whole Motion (8) of the confirmed minutes of the March 30, 2004 Council meeting be amended to include the words "…for one (1) year;" at the end of first paragraph;

 

And that the minutes, as amended, be re-confirmed.

 

CARRIED

 

 

 

4.         PRESENTATIONS

 

Council consented to add Presentations (3).

 

(1)        RADISSON HOTEL TORONTO-MARKHAM
            - PRESIDENT'S AWARD FOR 2004 (12.2.6)

 

Mayor Cousens extended congratulations and presented a certificate to Mr. Chris Hales, General Manager of Radisson Hotel Toronto-Markham for winning the prestigious annual President's Award for 2004.  The awards are presented to the hotels that have demonstrated their exceptional commitment to guest service and product quality that distinguishes the Radisson in the global marketplace.  The award-wining hotels are selected from the more than 310 Radisson properties.

 

 

(2)        2ND MILLIKEN MILLS GIRL GUIDES (12.2.6)

 

Council welcomed the 2nd Milliken Mills Girl Guides along with their Leaders Cherrie Chiu and Debbie Boyadjian.


 

(3)        CARY, NORTH CAROLINA (12.2.6)

 

Wayne Loots, Chair of the Town of Cary Economic Development Commission, was introduced and welcomed.  Mr. Loots is also the Dean of Business of the Wake Technical Community College.

 

 

 

5.         DELEGATIONS

 

Council consented to add Delegations (1) to (4).

 

(1)        Edward Meade, in objection to the proposed high level patio at the Rose and Firkin, 175 Main Street, Unionville.  He advised of a significant amount of noise and expressed concern that his quality of life will deteriorate especially with the proposed patio. (10.12)

 

(2)        Amar Banerjee, representing the residents of Old Ivy Lane and Stanford Road in objection to the proposed high level patio at the Rose and Firkin, 175 Main Street, Unionville, on the basis of excessive noise and the absence of additional parking requirements.(10.12)

 

(3)        Richard Talbot, representing the Unionville Villagers Association, in objection to the proposed high level patio at the Rose and Firkin, 175 Main Street, Unionville.  He submitted hard copy of his comments containing five (5) additional conditions which the Association is requesting be added to the existing conditions of the Town. (10.12)

 

(4)        Greg McCormick, President, Unionville BIA, expressing concern about the ongoing problems on Main Street Unionville and the process with respect to the proposed high level patio at the Rose and Firkin, 175 Main Street, Unionville.  He also advised that the BIA will be supporting the residents' appeal of this application to the Ontario Municipal Board. (10.12)

 

 

 

6.         PETITIONS

 

Council consented to add Petition (1).

 

(1)        COMMITTEE OF ADJUSTMENT DECISION (A/35/03)
            ROSE AND FIRKIN, UNIONVILLE (10.12)

 

Letters signed by 20 residents of Old Ivy Lane, Sandford Drive, and Victoria Avenue in objection to the proposed high level patio at the Rose and Firkin, 175 Main Street, Unionville.

 

REFERRED TO THE COMMISSIONER OF DEVELOPMENT SERVICES


 

7(a)      REPORT NO. 21 - AUDIT COMMITTEE

 

Moved by Councillor S. Daurio

Seconded by Regional Councillor B. O'Donnell

 

That Report No. 21 - Audit Committee be received and adopted.

 

April 19, 2004

 

(1)        DRAFT 2003 CONSOLIDATED FINANCIAL
            STATEMENTS AND AUDITORS' REPORTS (7.2)

 

That the presentation by the Manager of Financial Transactions, regarding the 2003 Financial Statements be received;

 

And that Council approve the Corporation of the Town of Markham's Draft Consolidated Financial Statements and Draft Trust Funds Financial Statements for the fiscal year ended December 31, 2003;

 

And that the consolidated Financial Statements for the fiscal year ended December 31, 2003 be issued upon finalization of all consolidated amounts;

 

And that Council receive for information the KPMG audit independence letter dated March 2004;

 

And that thanks and appreciation be extended to the Chief Administrative Officer, the Commissioner of Corporate Services, the Treasurer, the Manager of Financial Transactions, and all other staff involved, for a job well done.

 

 

(2)        APPOINTMENT OF AUDITORS FOR THE
            2004 FISCAL YEAR END (7.2)

 

That Council appoint KPMG, LLP as the Town's auditors to complete the review of the Town's financial records for the year ending December 31, 2004;

 

And that, Council appoint KPMG, LLP as the external auditors for the Town's Agencies, Boards and Commissions.

 

 

(3)        OTHER COMMITTEE PROCEEDINGS
            - MINUTES OF AUDIT COMMITTEE MEETING
            - APRIL 19, 2004 (16.0)   weblink

 

That the Audit Committee minutes dated April 19, 2004 be received.

 

CARRIED


 

7(b)      REPORT NO. 22 - FINANCE & ADMINISTRATIVE COMMITTEE

 

Council consented to separate Clauses (1), (6) and (8).

 

Moved by Councillor S. Daurio

Seconded by Councillor K. Usman

 

That Report No. 22 - Finance & Administrative Committee be received and adopted.

 

April 19, 2004

 

(1)        2004 TAX RATIO OPTIONS (7.3)

 

Council consented to a separation of the question.

 

Moved by Councillor S. Daurio

Seconded by Councillor K. Usman

 

That the presentation by the Director of Taxation regarding the 2004 Tax Ratio Options, be received.

 

CARRIED

(See following Recorded Vote) (12:1)

 

YEAS:             Mayor D. Cousens, Regional Councillor J. Heath, Regional Councillor J. Jones, Regional Councillor B. O'Donnell, Councillor S. Daurio, Councillor E. Shapero, Councillor J. Virgilio, Councillor G. McKelvey, Councillor J. Webster, Councillor D. Horchik, Councillor K. Usman, Councillor A. Chiu. (12)

 

NAYS:             Deputy Mayor F. Scarpitti. (1)

 

 

Moved by Councillor S. Daurio

Seconded by Councillor K. Usman

 

That it be recommended that Council support Option 2, (revenue neutral ratios for the commercial and industrial business classes for the 2004 taxation year), resulting in the same relative tax burden for commercial, industrial classes as 2003.

 

CARRIED AS AMENDED

(See following motion to amend)

(See following motion which was Lost)


 

            Moved by Deputy Mayor F. Scarpitti

            Seconded by Councillor K. Usman

 

            That Clause (1), Report No. 22 be amended to delete paragraph 2 in its entirety and the following be substituted therefor:

 

            "And that it be recommended that Council support Option 2, (revenue neutral ratios for the commercial and industrial business classes for the 2004 taxation year), resulting in the same relative tax burden for commercial, industrial classes as 2003."

 

CARRIED

 

 

Moved by Councillor S. Daurio

Seconded by Councillor G. McKelvey

 

That it be recommended that Council support Option 1, (no change to tax ratios), for 2004 which would be consistent with York Region's long term tax ratio policy, and would produce the greatest claw-back benefit to business class owners.

 

LOST

(See following Recorded Vote which was Lost) (5:8)

 

YEAS:             Mayor D. Cousens, Regional Councillor B. O'Donnell, Councillor S. Daurio, Councillor G. McKelvey, Councillor D. Horchik, (5)

 

NAYS:             Deputy Mayor F. Scarpitti, Regional Councillor J. Heath, Regional Councillor J. Jones, Councillor E. Shapero, Councillor J. Virgilio, Councillor J. Webster, Councillor K. Usman, Councillor A. Chiu. (8)

 

 

(2)        INFORMATION TECHNOLOGY STRATEGY PLAN (7.13)

 

That the presentation by the Chief Information Officer regarding the Information Technology Strategy Plan, be received;

 

And that IBM be engaged to develop an IT strategic plan for the Town of Markham

·        at a fixed cost of $100,000

·        anticipated duration of ten (10) weeks

·        By-law 143-2000 14 (1) (c) when the extension of an existing contract would prove beneficial (Purchasing By-law)

 

And that an IT Committee be established, composed of three Members of Council;

 

And that Regional Councillor B. O'Donnell, Regional Councillor J. Jones, and Councillor S. Daurio be appointed;


 

And that this Committee also act as the Steering Committee for the IT Strategic Project, reporting to the Finance & Administrative Committee;

 

And further that the Town Clerk be directed to prepare Terms of Reference for the Committee.

 

 

(3)        PARTIAL RELEASE OF 1985 SITE PLAN CONTROL
            AGREEMENT WITH IBM CANADA LIMITED -
            GOLF COURSE CLUB HOUSE - PART OF LOTS 5, 6 & 7
            CONCESSION 8, MARKHAM (8.0)    Weblink

 

That a by-law be enacted authorizing the Mayor and Clerk to execute the necessary partial release of a Site Plan Control Agreement between the Town and IBM Canada Limited over lands legally described as Blocks 283 and 285, Plan 65M-3133, Blocks 150, 151 and 152, Plan 65M-3134 and Block 67, Plan 65M-3525, in a form satisfactory to the Town Solicitor.

(By-law 2004-87)

 

 

(4)        1147389 ONTARIO LIMITED, TRUSTEE - RELEASE AND
            ABANDONMENT OF STORM SEWER, SANITARY SEWER
            AND WATERMAIN EASEMENT - LOT 66, PLAN 65M-3397 -
            MARKHAM (8.1)    Weblink

 

That a by-law be enacted authorizing the Mayor and Clerk to execute a release and abandonment of a storm sewer, sanitary sewer and watermain easement over lands legally described as Lot 66, Plan 65M-3397, in a form satisfactory to the Town Solicitor.

(By-law 2004-88)

 

 

(5)        PURCHASE OF SPONSORSHIP - THE KIDNEY
            FOUNDATION RUBY GALA - MAY 15, 2004 (12.2.6)    Weblink

 

That Council purchase a table of 10 to the Kidney Foundation of Canada Ruby Gala on Saturday, May 15, 2004 at the cost of $3,000 to be charged to account 840-8415840.

 

CARRIED

 

 

(6)        SUPPLY, DELIVERY OF GASOLINE AND DIESEL
            FUEL - 228-T-04 YORK REGION BUYERS
            CO-OPERATIVE CT-03-11 (7.12.1)  Weblink

 

That the report entitled, Supply and Delivery of Gasoline and Diesel Fuel be received;

 

And that Part A of Tender 228-T-03, for the Supply and Delivery of Gasoline and Diesel Fuel, York Region Buyers Co-operative CT-03-11 be split to exclude item 3 -Bio-Diesel and award items 1 and 2 to the lowest acceptable bidder Shell Canada;


 

And that the award of item 3 of Part A of Tender 228-T-03, for the Supply and Delivery of Gasoline and Diesel Fuel, York Region Buyers Co-operative CT-03-11 to provide B20 Bio-Diesel Fuel be referred to staff for a report back to the Finance and Administrative Committee on the possibility of using plant-based fuel;

 

And that Part B of Tender 228-T-03 for Gasoline and Diesel Fuel (excluding Bio-Diesel) purchased on credit cards at area service stations be awarded to Petro Canada in their unit price discount of 2.5 cents per litre;

 

And that the term of the contract shall be for one (1) year commencing May 1, 2004 with an option to renew for two additional one year periods subject to satisfactory performance and approval of the Region of York and the participating members of the Co-op;

 

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

 

And further that funds are provided for within the following Operations Department's Operating Accounts:

 

ACCOUNT NAME

ACCOUNT NUMBER

BUDGET

Gasoline - Bulk Delivery

750 752 4300

$270,000.00

Diesel Fuel (excluding Bio-Diesel)

750 752 4302

$205,000.00

Total

 

$475,000.00

 

CARRIED AS AMENDED

(See following motion to amend)

 

            Moved by Councillor E. Shapero

            Seconded by Deputy Mayor F. Scarpitti

 

            That Clause (6), Report No. 22 be amended as follows:

 

            Paragraph 2

            Insert the words "…to exclude item 3 -Bio-Diesel…" after the words "…be split…";

 

            Add the following as paragraph 3

            "And that the award of item 3 of Part A of Tender 228-T-03, for the Supply and Delivery of Gasoline and Diesel Fuel, York Region Buyers Co-operative CT-03-11 to provide B20 Bio-Diesel Fuel be referred to staff for a report back to the Finance and Administrative Committee on the possibility of using plant-based fuel;"

 

            Paragraph 4

            Insert the words "…(excluding Bio-Diesel)…" after the words "…Diesel Fuel…";


 

            Paragraph 7

            Insert the words "...(excluding Bio-Diesel) in the chart after the words "Diesel Fuel" and delete the figures "$220,000.00" and "$490,000.00" and substitute the figures "205,000.00" and "$475,000.00" therefor.

 

CARRIED

 

 

(7)        TENDER AWARD 061-T-04 - 2004 ROAD
REHABILITATION PROGRAM (7.12.2)   Weblink

 

That the report for Road Rehabilitation be received;

 

And that tender 061-T-04 for 2004 Road Rehabilitation Program be awarded to the lowest priced and acceptable bidder, Furfari Paving in their unit prices for an estimated annual amount of $3,925,792.55 inclusive of 7% GST ($3,779,033.80 inclusive of 3% GST) for a period of one year with an option to renew for an additional year;

 

And that blanket purchase order number B2 48 for Restoration of Concrete Curb & Sidewalk, tender 016-T-02 in favour of Vidome Construction Ltd., (based on 2002 unit prices) be adjusted to a revised estimated annual amount of $1,535,739.70 inclusive of 7% GST ($1,478,329.29 inclusive of 3% GST);

 

And that blanket purchase order number B3 51 for Interlocking Repairs to Various Locations, tender 001-T-03 in favour of Cambium Site Contracting Inc., (based on 2003 unit prices) be adjusted to a revised estimated annual amount of $72,718.45 inclusive of 7% GST ($70,000.00 inclusive of 3% GST), for the portion of the contract for works required under the 2004 road rehabilitation program;

 

And that the Director of Operations and Asset Management and the Director of Financial & Client Services be authorized to reallocate funds between these three (3) blanket purchase orders to a maximum of 20% of the estimated blanket amount during the duration of the contract, to a combined annual total not to exceed $1,106,850.10 inclusive of 7% GST ($1,065,472.40 inclusive of 3% GST);

 

And that the Director of Operations and Asset Management and the Director of Financial & Client Services be authorized to exercise the option to extend contract 061-T-04 for a further one year, 2005 subject to budget approval and agreement by Furfari to guarantee the 2004 unit prices submitted and their satisfactory performance;


 

And further that funding for the 2004 Road Rehabilitation program is provided for in the Operations Departments 2003/2004 Capital budget accounts:

 

Year

 

Account #

Account Name

Budget

Spent to Date

Budget Available

2003

050 6150 5095 005

Asphalt Resurfacing

$ 4,000,000.00

$ 3,315,870.95

 

2003

050 6150 5309 005

Secondary Roadworks

$    300,000.00

$    156,765.81

 

2004

Project 228

Asphalt Resurfacing

$ 4,000,000.00

$

 

2004

Project 222

Secondary Roadworks

$    500,000.00

 

 

 

 

 

$ 8,800,000.00

$ 3,472,636.76

$ 5,327,363.24

 

CARRIED

 

 

(8)        042-T-04 SUPPLY AND DELIVERY OF TWELVE (12)
            VEHICLES (7.12.1)  Weblink

 

That tender 042-T-04 for the Supply and Delivery of Twelve (12) Vehicles be split and awarded to the following four lowest priced acceptable bidders totalling $383,461.75 inclusive of 7% GST and 8% PST ($370,123.95 inclusive of 3% GST and 8% PST) as listed in Appendix “A”, and summarized below:

 

·        Royal Woods Ford Lincoln Sales Ltd. for 6 vehicles, Items 1, 4, 6, 8 and 9 totalling $236,281.30 inclusive of all taxes

·        Maciver Dodge Limited for 1 vehicle, Item 2 in the amount of $24,646.80 inclusive of all taxes

·        Giles Chevrolet Oldsmobile for 3 vehicles, Items 3 and 5 totalling $81,853.55 inclusive of all taxes

·        Donway Ford for 2 vehicles, Item7 totalling $40,680.10 inclusive of all taxes;

 

And that funds for these vehicles are provided for in Fleet Operations’ 2003 Capital Budget Account # 56 6150 5000 005 Corporate Fleet Replacement Program in the amount of $441,000 (inclusive of 3% GST and 8% PST);

 

And that $25,000 of the remaining $70,876.05 budget (inclusive of 3% GST and 8% PST) will be applied to miscellaneous additional equipment for the 12 vehicles;

 

And that any remaining budget in Fleet Operations’ 2003 Capital Budget account # 56 6150 5000 005 Corporate Fleet Replacement Program will be applied to the remaining corporate fleet replacements as approved;

 

And further that vehicles (#3340, 3351, 9095, 2192, 2193, 2181, 3345, 3371, 8048, 8049, 1263 and 3336) will be sold upon delivery of the new vehicles in accordance with Purchasing By-law 143-2000, PART VII Disposal of Personal Property and proceeds will be posted to account 890 890 9305 Proceeds from Sale of other Fixed Assets; or if kept, the retention period and the purpose be defined and they not become part of the permanent fleet complement;


 

And further that this approval be subject to additional information being provided by staff regarding the vehicles described as #3340, 3351, 9095, 2192, 2193, 2181, 3345, 3371, 8048, 8049, 1263 and 3336, to Council at its meeting on April 27, 2004. (distributed by email on April 21, 2004)

 

CARRIED

 

 

(9)        024-T-01 WATER METER INSTALLATION
            NEW DEVELOPMENT - BLANKET PURCHASE
            ORDER INCREASE (7.12.1)   Weblink

 

That the report entitled "Water Meter Installation - New Development - Blanket Purchase Order Increase" be received;

 

And that Blanket Purchase Order B2 15 for Neptune Technology Group Canada Ltd. be increased in a total amount of $82,390.00 inclusive of 7% GST ($79,310.00 inclusive of 0% GST) for the period April 1 to July 31, 2004.

 

 

(10)      DRAFT LETTER TO PREMIER DALTON MCGUINTY
            REGARDING DISTRICT ENERGY & DISTRIBUTED POWER (13.7)

 

That the draft letter to Premier Dalton McGuinty regarding district energy and distributed power be approved.

 

 

(11)      APPROVAL OF DISPOSAL OF
            DEACCESSIONED COLLECTIONS (6.7)

 

That the report entitled "Approval of Disposal of Deaccessioned Collections" be received;

 

And that Council approve the process for disposition of surplus collections as outlined in this report;

 

And that staff be directed to report to the next Finance and Administration Committee meeting to confirm the details of ownership and disposition of the artefacts, as well as the transfer of any funds associated with the sale of artefacts.

 

 

(12)      OTHER COMMITTEE PROCEEDINGS 
            - MINUTES OF FINANCE & ADMINISTRATIVE
            COMMITTEE MEETING – APRIL 19, 2004 (16.0)

 

That the Finance & Administrative Committee minutes dated April 19, 2004 be received.

 

CARRIED


 

.......................................................

 

Mayor D. Cousens vacated the Chair and Deputy Mayor F. Scarpitti assumed the Chair.

 

.......................................................

 

 

7(c)      REPORT NO. 23 - DEVELOPMENT SERVICES COMMITTEE

 

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

 

Moved by Councillor G. McKelvey

Seconded by Councillor K. Usman

 

That Report No. 23 - Development Services Committee be received and adopted.

 

April 20, 2004

 

(1)        COMMENTS ON DRAFT REGIONAL
OFFICIAL PLAN AMENDMENT (ROPA) NO. 43
 - CENTRES AND CORRIDORS
(13.4.6, 10.3)  Weblink

 

That the staff report entitled “Comments on Draft Regional Official Plan Amendment (ROPA) No. 43 – Centres and Corridors”, dated April 20, 2004, be received.

 

And that Council endorse the general direction of Draft ROPA No. 43 – Centres and Corridors to introduce new and refined Regional Official Plan policies to provide, among other things:

·        an enhanced emphasis on the Region’s desired urban structure;

·        increased clarity and direction respecting Centres and Corridors including the provision that local municipalities will determine Key Development Areas where infill and intensification will occur over time; and

·          a long-term density target of 2.5 FSI (Floor Space Index) for Regional Centres and Regional Corridors over time.

 

And that Council request the Region of York to incorporate further revisions to the scope of the Draft ROPA No. 43 – Centres and Corridors to:

·        articulate and emphasize the Region’s desired urban structure within the context of the Region’s approach to Regional Structure and Growth Management;

·        clarify that the long-term density target 2.5 FSI applies to Regional Centres and Key Development Areas in Regional Corridors, as determined by the local municipality and identified in local Official Plans, and to recognize that achievement of the target may occur incrementally in phases over time, based on the life cycle of existing development and improvements to transit and transportation capacity; and

·        concurrently address changes required to Chapter 6 of the Regional Official Plan (Regional Infrastructure), to ensure integration and consistency of  transit supportive land use and urban design policies with infrastructure and transportation policies, in support of the Region’s desired urban structure.


 

And further that Council endorse this Staff report and submit it to the Region of York as the Town of Markham comments on Draft ROPA No.43 – Centres and Corridors.

 

 

(2)        RENAMING OF ALBERT STREET IN VICTORIA SQUARE
            (10.14)   Weblink

 

That a by-law to rename Albert Street in the Victoria Square Community to Royal Albert Street be considered by Council at its meeting on May 11, 2004;

 

And That the Clerk be authorized to provide notice in accordance with notice By-law 2002-275 and that notice also be provided by one publication in the Markham Economist and Sun.

 

CARRIED

 

 

.......................................................

 

Deputy Mayor F. Scarpitti vacated the Chair and Mayor D. Cousens assumed the Chair.

 

.......................................................

 

 

(3)        IOLE AND SANDRO CAPOGNA, PART OF LOT 16, CONC. 9
SOUTHEAST CORNER OF 9TH LINE AND MARKHAM BY-PASS
(FUTURE 16TH AVENUE), CORNELL COMMUNITY
REZONING AND SITE PLAN APPLICATIONS, PROPOSED
AUTOMOBILE SERVICE STATION (SU.03-109620, ZA.03-109616 SC.03119493)
(10.5, 10.6)   Weblink

 

That the record of the Public Meeting held on July 7, 2003 with respect to the applications by Iole and Sandro Capogna for draft plan approval and implementing zoning for a proposed plan of subdivision comprising 127 residential units and an automobile service station south of 16th Avenue, east of 9th Line, be received;

 

And that the application to amend Zoning By-laws 304-87 and 177-96 for a first phase comprising the automobile service station block and one residential block, be approved, and the draft by-laws be enacted;

 

And that the Site Plan application (SC.3.119493) submitted by Iole and Sandro Capogna/Petro Canada for the automobile service station block be approved subject to the following conditions:

 

1.      That the Owner enter into a site plan agreement with the Town;


 

2.      That prior to execution of the site plan agreement, the Owner shall submit final drawings, and comply with all requirements of the Town and authorized public agencies, to the satisfaction of the Commissioner of Development Services;

 

3.      That the site plan agreement include provisions for the payment by the Owner of all applicable fees, recoveries, development charges, parkland dedications and financial obligations related to applicable Developers Group Agreements.

 

4.      That the site plan agreement include provisions to ensure that the recommendations of the approved noise impact study are implemented, and to ensure no lighting spill-over.    

 

5.      That the site plan agreement include provision for the contribution by the Owner of $5,000 towards the enhancement of landscaping on the west side of 9th Line opposite the proposed automobile service station. 

 

6.      That site plan approval shall lapse after a period of three years commencing April 20, 2004 in the event that the Owner does not enter into a site plan agreement with the Town during that period.

 

7.      That the owner obtain approval from the York Region Transportation and Works Department for access to 9th Line and the Markham By-pass (future 16th Avenue) prior to commencing any work on the site or road allowance.

(By-laws 2004-89 and 2004-90)

 

CARRIED AS AMENDED

(See following motion to amend)

(See following motion to amend which was Lost)

(Councillor J. Virgilio abstained)

 

            Moved by Councillor G. McKelvey

            Seconded by Councillor K. Usman

 

            That Paragraph 3, Item 5 of Clause (3), Report No. 23 be amended to delete the words "…in the west boulevard…" and substitute therefor the words "…on the west side…" after the words "...enhancement of landscaping...".

 

CARRIED

(Councillor J. Virgilio abstained)

 


 

            Moved by Regional Councillor J. Heath

            Seconded by Councillor J. Webster

 

            That Paragraph 3 of Clause (3), Report No. 23 be amended by deleting Item 5 in its entirety and the following be substituted therefor:

 

"That the site plan agreement include provision for the Owner to be responsible for planting a row of trees in the back yards of the residences on the west side of 9th Line opposite the proposed automobile services station."

 

LOST

(Councillor J. Virgilio abstained)

 

 

(4)        IBRANS INVESTMENTS LTD., PHASE 1
5443, 5521 & 5565 MAJOR MACKENZIE DRIVE EAST
WISMER COMMONS COMMUNITY
PROPOSED PLAN OF SUBDIVISION AND IMPLEMENTING ZONING
BY-LAW AMENDMENT (SU 02 116539 (19TM-02012), ZA 02 116538)
(10.5, 10.7)   Weblink

 

That the Record of Public Meeting held on December 3, 2002, regarding the proposed draft plan of subdivision and zoning by-law amendment applications (SU 02 116539 & ZA 02 116538) submitted by Ibrans Investments Ltd. be received;

 

And that the first phase (133 units) of draft plan of subdivision 19TM-02012 (SU 02 116539) located on the south side of Major Mackenzie Drive East, east of McCowan Road, proposed by Ibrans Investments Ltd., be draft approved, subject to the conditions outlined in Appendix ‘A’ attached to the original Council minutes on file in the Office of the Clerk;

 

And that zoning by-law amendment application (ZA 02 116538) to amend By-laws 304-87, as amended, and 177-96, as amended, submitted by Ibrans Investments Ltd., for lands located on the south side of Major Mackenzie Drive East, east of McCowan Road, be approved as related to the Phase 1 lands and the implementing Zoning By-laws attached as Appendix ‘B’, attached to the original Council minutes on file in the Office of the Clerk, be enacted;

 

And that the applicant provide to the Town the 30% payment of the required subdivision processing fees in accordance with the Town’s Fee By-law (By-law 170-2000);

 

And that water supply allocation for 133 units be granted to Ibrans Investments Ltd., subject to written confirmation from the Trustee of the Wismer Commons Developers’ Group that water supply has been made available from the total allocation granted to the Wismer Commons Community by the Town;

 

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


 

And that registration of Ibrans Investments Ltd., 19TM-02012 Phase 1 in respect to interim sanitary capacity, sewage allocation and water supply be subject to conditions listed in this report;

 

And that the Wismer Commons Development Phasing Plan be updated to reflect the revision to the phasing of development as outlined in the staff report dated April 20, 2004, and further;

 

And that the Region of York be advised of the sewage and water supply allocation for this development.

(By-laws 2004-91 and 2004-92)

 

CARRIED

 

 

(5)        CORNELL ROUGE DEVELOPMENT CORPORATION/
JENNORA LIMITED, CORNELL COMMUNITY
NORTH SIDE OF HIGHWAY 407 WEST OF REESOR ROAD
CONVEYANCE OF STORMWATER MANAGEMENT BLOCK (SU 03109544)
(10.7)   Weblink

 

Council consented to a separation of the question.

 

Moved by Councillor E. Shapero

Seconded by Deputy Mayor F. Scarpitti

 

 

That the staff report dated April 20, 2004 entitled “Cornell Rouge Development Corporation/Jennora Inc., Conveyance of Stormwater Management Block, North Side of Highway 407, West of Reesor Road” be received;

 

And that the staff memorandum providing additional information on the potential for storm water management ponds to be located outside the urban boundaries be received;

 

And that a by-law be enacted authorizing the Mayor and Clerk to execute a development agreement in a form satisfactory to the Town Solicitor with Cornell Rouge Development Corporation for the developer to construct stormwater management facilities on the lands denoted on Figure 4 of the staff report;

 

And that, subject to execution of the development agreement, a by-law be enacted authorizing the Mayor and Clerk to execute a Transfer/Deed of Land, in a form satisfactory to the Town Solicitor for the lands denoted on Figure 4 of the staff report, from Jennora Inc. to the Town of Markham for consideration of a nominal fee.

(By-law 2004-93)

 

CARRIED

(See following Recorded Vote) (9:4)


 

YEAS:             Mayor D. Cousens, Deputy Mayor F. Scarpitti, Councillor S. Daurio, Councillor J. Virgilio, Councillor G. McKelvey, Councillor J. Webster, Councillor D. Horchik, Councillor K. Usman, Councillor A. Chiu. (9)

 

NAYS:             Regional Councillor J. Heath, Regional Councillor J. Jones, Regional Councillor B. O'Donnell, Councillor E. Shapero. (4)

 

 

Moved by Councillor E. Shapero

Seconded by Deputy Mayor F. Scarpitti

 

That the matter of the Owner of the lands adjoining the stormwater management facility being permitted the right to construct a future road crossing over the stormwater management parcel to be conveyed to the Town, subject to the necessary design and environmental approvals by the Town and the TRCA, be deferred and referred to the Development Services Committee;

 

And that the staff memorandum providing additional information on the potential for storm water management ponds to be located outside the urban boundaries be received.

 

CARRIED AS AMENDED

(See following motion to amend)

(See following Recorded Vote) (11:2)

 

            Moved by Councillor E. Shapero

            Seconded by Deputy Mayor F. Scarpitti

 

That Clause (5), Report No. 23 be amended to delete paragraph 4 in its entirety and the following paragraphs be substituted therefor:

 

"And that the matter of the Owner of the lands adjoining the stormwater management facility being permitted the right to construct a future road crossing over the stormwater management parcel to be conveyed to the Town, subject to the necessary design and environmental approvals by the Town and the TRCA, be deferred and referred to the Development Services Committee;

 

And that the staff memorandum providing additional information on the potential for storm water management ponds to be located outside the urban boundaries be received."

 

CARRIED

(See following Recorded Vote) (11:2)

 

YEAS:             Mayor D. Cousens, Deputy Mayor F. Scarpitti, Regional Councillor J. Heath, Regional Councillor J. Jones, Regional Councillor B. O'Donnell, Councillor S. Daurio, Councillor E. Shapero, Councillor J. Virgilio, Councillor J. Webster, Councillor K. Usman, Councillor A. Chiu. (11)

 

NAYS:             Councillor G. McKelvey, Councillor D. Horchik. (2)


 

(6)        OTHER COMMITTEE PROCEEDINGS
            - MINUTES OF DEVELOPMENT SERVICES
            COMMITTEE MEETING – APRIL 20, 2004 (16.0)

 

That the Development Services Committee minutes dated April 20, 2004 be received;

 

And that Item No. 6 regarding the Committee of Adjustment decision for the Rose and Firkin, 175 Main Street Unionville be amended to include the following as paragraph 5:

 

6.         COMMITTEE OF ADJUSTMENT DECISION (A/35/03)

            ROSE AND FIRKIN, UNIONVILLE (10.12)

 

That the staff memo dated April 20, 2004, and two submissions from Richard Talbot, Unionville Villagers Association, dated April 16, 2004 and April 20, 2004, with respect to minor variance application A/35/03 for the Rose and Firkin, 175 Main Street, Unionville, be received;

 

And that the deputations by Greg McCormick, Unionville BIA; Amar Bannerjee, resident of Victoria Avenue; Karen Davies, Unionville BIA; Richard Talbot, Unionville Villagers Association; and Frank Mauro and other owners, be received;

 

And that the Site Plan application (SC 03 117540) submitted by Main Street Unionville Holdings Inc., owner of 175 Main Street Unionville, for a rear roof-top patio be approved, upon Minor Variance A/35/03 coming into effect, subject to the following conditions:

 

That the applicant enter into an amendment to the existing site plan agreement to address the necessary design changes to the site plan and elevation drawings to the satisfaction of the Commissioner of Development Services, and to incorporate the following requirements:

     

      1.   The use of musical instrument or other mechanical or electrical music equipment or speakers are prohibited on the rooftop patio.

     

      2.   The rear rooftop patio will be closed at 10:30 pm each night from Sunday to Thursday, and at 11:00 pm each Friday and Saturday night, and this will be reflected in the site plan agreement and the conditions for the Liquor License.

     

      3.   The windows on the second floor are to be made inoperable so they cannot open, to prevent noise transmission.

     

      4.   The door leading from the rooftop patio to the interior restaurant is to e equipped with a self-closing device to keep the door in the closed position.

     

      5.   Any umbrellas to be used on the outdoor patio are to be plain in design without advertising on them.

     

      6.   No banners, flags, or forms of advertising of any kind are to be placed on the outdoor patio, or on the guards and railings to the rear rooftop patio.


 

      7.   All exterior lighting to conform with the Unionville Heritage Conservation District Plan and red rope lighting to be removed.

     

      8.   Decorative glass be installed inside the railing and shrubbery be placed within the patio, as determined appropriate by staff for noise abatement purposes.

     

      9.   The colour of the patio railing be changed to a more neutral heritage colour, as determined by staff;  

 

And that the following conditions from the Unionville Villagers Association, as amended, be approved and included, subject to the withdrawal of objections:

 

10.       All noise abatement installation to be approved by qualified Sound Engineer.

 

11.       All exterior design features to be reviewed with The Architectural Sub-Committee of Heritage Markham (with BIA, UVA and the residents being invited to attend).

 

12.       No further expansions of either the pub or the patios are to be permitted as per the existing By-law on extensions, excluding the current site plan applications.

 

13.       These conditions are to apply to all future owners and tenants.

 

14.       All the above items to be reflected in the site plan agreement and in the conditions for the Liquor License;

 

And that the owner shall submit final drawings and comply with all requirements of the Town and authorized public agencies to the satisfaction of the Commissioner of Development Services;

 

And that the site plan approval shall lapse after a period of three years commencing April 20, 2004 in the event that the Owner does not enter into a site plan agreement with the Town during that period.

 

CARRIED AS AMENDED

(See following motion to amend)

(Councillor J. Virgilio abstained - Item 6)

 

 

            Moved by Councillor E. Shapero

            Seconded by Regional Councillor J. Jones

 

            That Clause (6), Report No. 23 (Item No. 6 - Committee of Adjustment decision for the Rose and Firkin, 175 Main Street Unionville) be amended to include the following as paragraph 5:


 

"And that the following conditions from the Unionville Villagers Association, as amended, be approved and included, subject to the withdrawal of objections:

 

10.       All noise abatement installation to be approved by qualified Sound Engineer.

 

11.       All exterior design features to be reviewed with The Architectural Sub-Committee of Heritage Markham (with BIA, UVA and the residents being invited to attend).

 

12.       No further expansions of either the pub or the patios are to be permitted as per the existing By-law on extensions, excluding the current site plan applications.

 

13.       These conditions are to apply to all future owners and tenants.

 

14.       All the above items to be reflected in the site plan agreement and in the conditions for the Liquor License;"

 

CARRIED

 

 

 

8.         MOTIONS

 

Council consented to add Motion (1).

 

(1)        LORNA JACKSON AWARD (12.2.6)

 

Moved by Deputy Mayor F. Scarpitti

Seconded by Councillor A. Chiu

 

That the congratulations of Council be extended to Barbara Nanninga on recently being awarded the Lorna Jackson Award in recognition of her considerable contribution within municipal government.

CARRIED

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

 

 

 

9.         COMMUNICATIONS

 

Moved by Councillor A. Chiu

Seconded by Councillor K. Usman

 

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

 

Received

55-2004           City of Vaughan - Forwarding a resolution regarding the fair and equitable distribution of Federal Gas Tax, GST and PST with municipalities. (13.5.2)


 

56-2004           Town of Newmarket - Forwarding a resolution regarding the remittance and restriction of Federal Gas Tax to municipalities. (13.5.2)

 

57-2004           The Regional Municipality of York - Forwarding a resolution in support of the Jewish community that has suffered from expressions of hatred in York Region and the City of Toronto. (13.4)

 

58-2004           Markham Hydro Distribution Inc. - advising that their Board of Directors approved a cash donation of $100,000 to the proposed YMCA campus in Markham. (13.7)   weblink

 

 

Referred to all Members of Council

59-2004           Liquor Licence Application - Request to complete the Alcohol and Gaming Commission Municipal Information Form for Unionville Arms Pub & Grill, 193 Main Street Unionville (outdoor) (3.21)

 

60-2004           Liquor Licence Application - Request to complete the Alcohol and Gaming Commission Municipal Information Form for Terra Trattoria Restaurant, 8199 Yonge Street (outdoor) (3.21)

 

61-2004           Liquor Licence Application - Request to complete the Alcohol and Gaming Commission Municipal Information Form for Jakes on Main Pub & Grille, 202 Main Street Unionville (indoor and outdoor) (3.21)

 

62-2004           Liquor Licence Application (Eun Young Teri Hwang, Owner, Too Good Café, 142 Main Street Unionville) - Forwarding a request for approval to temporarily extend the Café’s operating area during the Unionville Village Festival being held from June 4 to 6, 2004 to facilitate the temporary extension of liquor license by the Alcohol and Gaming Commission of Ontario. (3.21)

 

CARRIED

 

 

10.       PROCLAMATION

 

(1)        PROCLAMATIONS (3.4)

 

Moved by Councillor K. Usman

Seconded by Councillor A. Chiu

 

That the following be proclaimed in the Town of Markham:

- May, 2004 - Daisy of Hope Month

- May 3 to 10, 2004 - Mental Health Week.

- June 13 to 19, 2004 - Thornhill Seniors Week.

- July 9 to 11, 2004 - Ontario Family Fishing Weekend.

CARRIED


 

11.       BY-LAWS

 

Council consented to separate By-laws 2004-89, 2004-90 and 2004-111.

 

Moved by Deputy Mayor F. Scarpitti

Seconded by Councillor A. Chiu

 

That By-laws 2004-86 to 2004-88 and 2004-91 to 2004-110 be given three readings and enacted.

 

Three Readings

 

BY-LAW 2004-86      A by-law to authorize the execution of the conveyance to Amber Plain Investments Limited, for lands legally described as Block 2, Plan 65M-3490.
(Committee of the Whole Motion - April 27, 2004)

 

BY-LAW 2004-87      A by-law to authorize the execution of the partial release of a Site Plan Control Agreement between the Town and IBM Canada Limited over lands legally described as Blocks 283 and 285, Plan 65M-3133, Blocks 150, 151 and 152, Plan 65M-3134 and Block 67, Plan 65M-3525.
(Clause 3, Report No. 22, 2004)

 

BY-LAW 2004-88      A by-law to authorize the execution of a release and abandonment of a storm sewer, sanitary sewer and watermain easement over lands legally described as Lot 66, Plan 65M-3397.
(Clause 4, Report No. 22, 2004)

 

BY-LAW 2004-89      A by-law to amend Zoning By-law 304-87, as amended (Iole and Sandro Capogna, Part of Lot 16, Concession 9, southeast corner of 9th Line & Markham By-pass (Future 16th Avenue), Cornell Community - To delete the subject lands from Zoning By-law 304-87, as amended, so that it may be incorporated into Zoning By-law 177-96, as amended to accommodate a proposed plan of subdivision comprising 127 residential units and an automobile service station.)
(Clause 3, Report No. 23, 2004)
                                                              (Councillor J. Virgilio abstained)

 

BY-LAW 2004-90      A by-law to amend Zoning By-law 177-96, as amended (Iole and Sandro Capogna, Part of Lot 16, Concession 9, southeast corner of 9th Line & Markham By-pass (Future 16th Avenue), Cornell Community - To accommodate a proposed plan of subdivision comprising 127 residential units and an automobile service station.)
(Clause 3, Report No. 23, 2004)
                                                               
(Councillor J. Virgilio abstained)


 

BY-LAW 2004-91      A by-law to amend Zoning By-law 304-87, as amended (Ibrans Investments Ltd., 19TM-02012, Phase 1, 5443, 5521 & 5565 Major Mackenzie Drive East - To delete the subject lands from Zoning By-law 304-87, as amended, so that it may be incorporated into Zoning By-law 177-96, as amended to permit the development of a draft plan of subdivision comprising 133 single detached and semi-detached dwellings.)
(Clause 4, Report No. 23, 2004)

 

BY-LAW 2004-92      A by-law to amend Zoning By-law 177-96, as amended (Ibrans Investments Ltd., 19TM-02012, Phase 1, 5443, 5521 & 5565 Major Mackenzie Drive East - To permit the development of a draft plan of subdivision comprising 133 single detached and semi-detached dwellings.)
(Clause 4, Report No. 23, 2004)

 

BY-LAW 2004-93      A by-law to authorize the execution of a Development Agreement between the Town, Cornell Rouge Development Corporation and Jennora Limited to permit the construction of a stormwater management facility and related appurtenances on lands north of Highway 407 west of Reesor Road, Markham (Cornell Community).
(Clause 5, Report No. 23, 2004)

 

BY-LAW 2004-94      A by-law to amend Zoning By-law 177-96, as amended (Andrin Kennedy Homes, northeast corner of Kennedy Road and Castan Avenue - To remove the (H) Hold provision to permit the registration of 55 residential condominium units, 8 of which are zoned to permit commercial uses on the first floor.

 

BY-LAW 2004-95      A by-law to designate a property as being of Historic and/or Architectural Value or Interest - The Blacksmith House, 7401 Reesor Road.
(Clause 3, Report No. 37, 2003)

 

BY-LAW 2004-96      A by-law to designate a property as being of Historic and/or Architectural Value or Interest - Cedarena, 7373 Reesor Road.
(Clause 3, Report No. 37, 2003)

 

BY-LAW 2004-97      A by-law to designate a property as being of Historic and/or Architectural Value or Interest - The Christian Reesor Homestead, 9035 Reesor Road.
(Clause 3, Report No. 37, 2003)

 

BY-LAW 2004-98      A by-law to designate a property as being of Historic and/or Architectural Value or Interest - The David Whaley House, 7218 Reesor Road.
(Clause 3, Report No. 37, 2003)

 

BY-LAW 2004-99      A by-law to designate a property as being of Historic and/or Architectural Value or Interest - The George Miller Tenant House, 7551 Reesor Road.
(Clause 3, Report No. 37, 2003)


 

BY-LAW 2004-100    A by-law to designate a property as being of Historic and/or Architectural Value or Interest - The John Wurtz House, 8847 Reesor Road.
(Clause 3, Report No. 37, 2003)

 

BY-LAW 2004-101    A by-law to designate a property as being of Historic and/or Architectural Value or Interest - The Moses Clendenen House, 9829 9th Line.
(Clause 3, Report No. 37, 2003)

 

BY-LAW 2004-102    A by-law to designate a property as being of Historic and/or Architectural Value or Interest - The Peter Reesor Homestead, 7273 14th Avenue.
(Clause 3, Report No. 37, 2003)

 

BY-LAW 2004-103    A by-law to designate a property as being of Historic and/or Architectural Value or Interest - The Reesor Pioneer Cemetery, Lot 14, Concession 10.
(Clause 3, Report No. 37, 2003)

 

BY-LAW 2004-104    A by-law to designate a property as being of Historic and/or Architectural Value or Interest - The Reesor Tenant House, 7632 Highway No. 7.
(Clause 3, Report No. 37, 2003)

 

BY-LAW 2004-105    A by-law to designate a property as being of Historic and/or Architectural Value or Interest - The Samuel Irving House, 9529 Reesor Road.
(Clause 3, Report No. 37, 2003)

 

BY-LAW 2004-106    A by-law to designate a property as being of Historic and/or Architectural Value or Interest - The Samuel Reesor Homestead, 7450 Reesor Road.
(Clause 3, Report No. 37, 2003)

 

BY-LAW 2004-107    A by-law to designate a property as being of Historic and/or Architectural Value or Interest - The Tran House and Barn, 7914 14th Avenue.
(Clause 3, Report No. 37, 2003)

 

BY-LAW 2004-108    A by-law to designate a property as being of Historic and/or Architectural Value or Interest - The William Lapp House, 9399 Reesor Road.
(Clause 3, Report No. 37, 2003)

 

BY-LAW 2004-109    A by-law to designate a property as being of Historic and/or Architectural Value or Interest - The Wurtz Family Cemetery, north of Highway No. 7, east side of Reesor Road, Part of Lot 12, Concession 10.
(Clause 3, Report No. 37, 2003)

 

BY-LAW 2004-110    A by-law to designate a property as being of Historic and/or Architectural Value or Interest - Daniels-Fairty House, 7060 Markham Road.
(Clause 3, Report No. 9, 2004)

 

CARRIED


 

Moved by Deputy Mayor F. Scarpitti

Seconded by Councillor A. Chiu

 

That Council recess into Committee of the Whole.

 

CARRIED

 

 

 

2.         REPORT OF THE COMMITTEE OF THE WHOLE - cont'd

 

Moved by Councillor G. McKelvey

Seconded by Councillor J. Virgilio

 

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

 

CARRIED

 

Mayor D. Cousens reported the following motions passed at the Committee of the Whole meeting:

 

(6)        2004 ADVISORY COMMITTEE/BOARD APPOINTMENTS (16.24)

 

Achievement and Civic Recognition Awards (ACRA)

That the following Members of Council be appointed to the Achievement and Civic Recognition Awards (ACRA) Committee:

 

            Regional Councillor B. O'Donnell

            Councillor G. McKelvey

            Councillor K. Usman

 

And that Councillor O'Donnell contact previous members to determine their interest in participating;

 

And that the Committee be charged with the task of reviewing the Terms of Reference;

 

And that funding be designated to assist this Committee in producing the event;

 

And that staff be directed to advertise in the newspaper for six (6) members of the public: one member from Markham, Unionville, Thornhill and Milliken, one member representing Thornhill/Milliken and one member representing Markham/Unionville;

 

And that the Chief Administrative Officer appoint a staff liaison;


 

Advisory Committee on Accessibility

That the following nine (9) persons be appointed to the Advisory Committee on Accessibility:

 

      Vito Bigioni                                                                        term to expire November 30, 2006

      Bill Broger (Participation House)                                             term to expire November 30, 2006

      Robert Hunn                                                                       term to expire November 30, 2006

      Suresh (Sam) Jhangiani (Canadian Hearing Society)                  term to expire November 30, 2006

      Sharon Prasow                                                                   term to expire November 30, 2006

      Carole Robertson (National Federation of the Blind)                  term to expire November 30, 2006

      Sherry Setnyk                                                                     term to expire November 30, 2006

      Martha Shultz                                                                     term to expire November 30, 2006

      John White                                                                         term to expire November 30, 2006

 

Canada Day Committee

That the resignation of Kamini Bacchus from the Canada Day Committee be received with regret and a letter of appreciation forwarded;

 

Community Issues Committee

That the following six (6) persons be appointed to the Community Issues Committee:

 

      John Holosko                                                                     term to expire November 30, 2004

      Ian Johnston                                                                       term to expire November 30, 2004

      Timothy Armstrong                                                             term to expire November 30, 2005

      Debbie Reynolds                                                                term to expire November 30, 2005

      Ted Chisholm                                                                     term to expire November 30, 2006

      Adrian Smith                                                                      term to expire November 30, 2006

 

Markham Conservation Committee

That the following five (5) persons be appointed to the Markham Conservation Committee:

 

            Jean-Pierre Bombardier                                    Term to expire November 30, 2006

            Shaoneng (River) He                                        Term to expire November 30, 2006

            Brent Mersey                                                   Term to expire November 30, 2006

            Krista Olins                                                      Term to expire November 30, 2006

            Lindsay Turko                                                  Term to expire November 30, 2006

 

Property Standards Committee

That the following five (5) persons be appointed to the Property Standards Committee:

 

            Wafik Abadir                                                   Term to expire November 30, 2006

            Allister Andrews                                               Term to expire November 30, 2006

            Chip Au                                                           Term to expire November 30, 2006

            Gordon MacRae                                              Term to expire November 30, 2006

            Wayne Smith                                                    Term to expire November 30, 2006


 

(7)        2004 GRANTS SUBCOMMITTEE APPOINTMENTS (16.24)

 

Grants Subcommittee

 

That a Grants Subcommittee be established;

 

And that the following Members of Council be appointed to the Grants Subcommittee:

 

            Deputy Mayor F. Scarpitti

            Regional Councillor J. Heath

            Councillor A. Chiu

 

 

(8)        INNOVATION SYNERGY CENTRE IN MARKHAM (ISCM)
            GOVERNANCE (16.24)  weblink 

 

That the report entitled “Innovation Synergy Centre in Markham (ISCM) Governance” be received,

 

And that the 11 nominees for the 11-person ISCM Board of Directors be confirmed by Council to serve a one-year term (renewable) to commence in May 2004:

 

Don Cousens (Co-Chair of ISCM)                   Mayor, Town of Markham

Stan Shapson (Co-Chair of ISCM)                   VP, York University

Bill O’Donnell                                                   Markham Regional Councillor

Theodore Peridis                                              Prof. of Strategic Planning, Schulich School

Robert Prince                                                   Dean of School of Engineering, York University

Margot Montgomery                                        Director General, NRC

Harold Brathwaite                                            Seneca College of Applied Arts & Technology

Mark Usher                                                      Knowledge Based Industry, RBC Royal Bank

Bob Glandfield                                                 President and CEO, ISCM

Ron Smith                                                        Retired CEO of technology firms, consultant

Terry Graham                                                   Independent entrepreneur, angel investor

 

 

(9)        COUNCIL'S STRATEGIC PRIORITIES
            2004 TO 2006 (16.0)   weblink 

 

That consideration of Council's strategic priorities for 2004 to 2006 be referred to the May 11, 2004 Committee of the Whole meeting as the first item on the agenda;

 

And that any specific comments or concerns be forwarded to the Office of the Chief Administrative Officer prior to this meeting.

 


 

(10)      LICENSING HEARING
"MACHEALTH CENTRE"
115 APPLE CREEK BOULEVARD, UNIT 1, MARKHAM (2.0)

 

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

 

         1.      The suspension of the license to own and operate a complementary health care establishment by 1173240 and the Applicant at 115 Apple Creek Boulevard, Unit # 1 (MacHealth Centre) be confirmed;

 

         2.      The license to own and operate a complementary health care establishment by 1173240 and the Applicant at 115 Apple Creek Boulevard, Unit # 1 (MacHealth Centre) be revoked;

 

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

 

 

(11)      COMMISSIONERS' REMUNERATION (11.0)

 

That the report from the Chief Administrative Officer with respect to Commissioners' remuneration, be received.

 

 

 

(12)      YORK REGION - APRIL 19, 2004 (5.1)

 

That the correspondence dated April 19, 2004 from the Region of York advising of Regional Council's decision to support Markham's 3-Stream waste collection system as a Regional pilot; to request Markham to pay 50% of the Region's additional costs until the Bales Drive facility is operational; and directing staff to negotiate a lower tipping fee with the City of Toronto, be received.

 

 

Moved by Councillor A. Chiu

Seconded by Regional Councillor J. Jones

 

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

 

CARRIED


 

11.       BY-LAWS - cont'd

 

Moved by Deputy Mayor F. Scarpitti

Seconded by Councillor A. Chiu

 

That By-law 2004-111 be given three readings and enacted.

 

Three Readings

 

BY-LAW 2004-111    A by-law to confirm the proceedings of the Council meeting of April 27, 2004.
(Council Meeting No. 10, 2004)

 

CARRIED

 

 

 

12.       ADJOURNMENT

 

Moved by Councillor A. Chiu

Seconded by Councillor K. Usman

 

That the meeting do adjourn.

CARRIED

 

 

Council adjourned at 10:05 p.m.

 

 

 

 

 

 

 

___________________________________        ___________________________________

SHEILA BIRRELL, TOWN CLERK                    DON COUSENS, MAYOR

(Signed)

 

 

No Item Selected