2002-04-30 -7:00 p.m.
COUNCIL MINUTES Council Chamber, Civic Centre
Meeting
No. 9
(Canada
Room)
COMMITTEE
OF THE WHOLE
ROLL
CALL
Mayor D.
Cousens (4:15 p.m.), Deputy Mayor F. Scarpitti, Regional Councillor G. Landon,
Regional Councillor T. Wong, Regional Councillor B. O'Donnell, Councillor S.
Daurio, Councillor E. Shapero, Councillor J. Virgilio (4:45 p.m.), Councillor
G. McKelvey, Councillor J. Heath, Councillor D. Horchik, Councillor A. Chiu.
(12)
Moved by
Regional Councillor B. O’Donnell
Seconded by
Councillor A. Chiu
That Council
resolve itself into the Committee of the Whole to discuss the following:
(1) Engage 21st Century Markham,
Strategic Planning Process Update (12.0)
(2) Standing Committee Chairs (16.24)
(3) Telecommunication – Access to rights-of-Way
and Private Lots (10.0)
(4) Pre-qualification of Contractors and
Sub-Contractors–Angus Glen CC & Library (7.12.3)
(5) Request for Funding Assistance –
Intelligent Communities Conference (7.6)
(6) YMCA of Greater Toronto – Proposed Markham
Centre Location (10.8.1)
(7) Personnel Matter (11.8)
(8) Confidential Property Matter (10.7)
(9) Toronto Buttonville Municipal Airport,
Funding Agreement with Province (5.15.1)
(10) Sympathy for Noerdlingen (12.2.6)
(11) Committee Appointments (16.24)
CARRIED
The Regular
Meeting of Council was held on April 30, 2002 at 7:05 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,
Regional Councillor B. O'Donnell, Councillor S. Daurio, Councillor E. Shapero,
Councillor J. Virgilio, Councillor G. McKelvey, Councillor J. Heath, Councillor
D. Horchik, Councillor A. Chiu. (11)
STAFF
J. Livey,
Chief Administrative Officer
J. Baird,
Acting Commissioner of Development Services
S. Birrell,
Town Clerk
B. Cribbett,
Treasurer
P. Miller,
Acting Manager, Secretariat Services
B. Nanninga,
Executive Assistant
R. Robinson,
Town Solicitor
J. Sales,
Commissioner of Community Services
A. Taylor,
Commissioner of Corporate Services
M.F. Turner,
Commissioner of Development Services
1. DISCLOSURE OF PECUNIARY INTEREST
Councillor
Virgilio disclosed an interest with respect to Clause (7), Report No. 22, and
By-laws 2002-62 and 2002-63 - Markham Kia Ltd. development at 31 Old Kennedy
Road, 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
Horchik disclosed an interest with respect to Clause (8), Report No. 22, and
By-laws 2002-64, 2002-65 and 2002-66 - Unionville Montessori School development
at 9400 Kennedy Road, by nature of his daughter being a student at the subject
school, and did not take part in the consideration or discussion of or vote on
the question of the approval of such matter.
Councillor
Virgilio disclosed an interest with respect to Clause (10), Report No. 22 -
Telecommunication - Street Furniture proposal, by nature of a member of his
family being an employee of Rogers Cable, 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 B. O’Donnell
That Council rise from the Committee of the
Whole and the Chairman report.
CARRIED
Deputy Mayor
F. Scarpitti reported the following motions passed at the Committee of the
Whole meeting:
(1) ENGAGE
21ST CENTURY MARKHAM
STRATEGIC PLANNING PROCESS
UPDATE (12.0)
That the report entitled “Engage 21st Century Markham
Strategic Planning Process Update” be received;
And that the presentation by the Director, Corporate Strategy &
Quality Office, regarding the Engage 21st Century Markham strategic
planning process, be received;
And that staff be instructed to conduct a public consultation process
and the public be invited to provide their feedback on the draft mission
statements and the draft 20 year vision statement;
And that a draft final report be presented for consideration by Council
in June, 2002.
CARRIED
(2) STANDING
COMMITTEE CHAIRS
COMMITTEES – UPCOMING 18
MONTHS (16.24)
That the following changes to the Committee structure be implemented
effective May 1, 2002:
That Councillor J. Heath become the Chair of the Community Services
Committee;
And that Councillor A. Chiu become the Vice Chair of the Community
Services Committee with responsibility for Fire and Emergency Services and also
as Chair of the Markham Beautification Committee;
And that the formation of a new Committee of Council responsible for
Markham District Energy Corporation be endorsed in principle with Councillor D.
Horchik as Chair. The existing by-laws
will require redrafting and the legal terms of the existing Board of Directors
will also require changes. Members of
the new Committee are to include Councillor K. Usman as Chair of Finance
Committee, Regional Councillor B. O’Donnell as Chair of Economic Development Committee,
Regional Councillor T. Wong, Councillor J. Virgilio, Deputy Mayor F. Scarpitti
and Mayor D. Cousens;
And that staff be directed to bring back a report providing further
details.
CARRIED
(3) TELECOMMUNICATION
– ACCESS
TO RIGHTS-OF-WAY AND PRIVATE
LOTS (10.0)
That the following clause be inserted in all
future conditions of draft plan approval, and subdivision/pre-servicing
agreements:
“The Owner covenants and agrees
that it will permit any telephone or telecommunication service provider to
locate its plant in a common trench within the proposed subdivision prior to
registration provided the telephone or telecommunications services provider has
executed a Municipal Access Agreement with the Town. The Owner shall ensure that any such service provider will be
permitted to install its plant so as to permit connection to individual
dwelling units within the subdivision as and when each dwelling unit is
constructed."
And that the clause be included in all
subdivision and pre-servicing agreements, currently being finalized, where the
pre-servicing agreement has been executed, this clause will not apply;
And that the City of Brampton’s March 28,
2002 letter and pre-servicing agreement clause, be referred to the York/Durham
Municipal Utility Coordination Group for consideration as to inclusion into the
Municipal Consent Procedures Manual.
CARRIED
(4) PRE-QUALIFICATION
OF CONTRACTORS AND
SUB-CONTRACTORS FOR THE ANGUS
GLEN
COMMUNITY CENTRE AND LIBRARY
(7.12.3)
That, in accordance with the Purchasing By-law 143-2000, Council
approve the use of the pre-qualification process detailed in this report for
selecting the general contractor, as well as the mechanical, electrical, and
landscape sub-contractors for the construction of the Angus Glen Community
Centre and Library.
CARRIED
(5) SYMPATHY
TO NOERDLINGEN
ERFURT, GERMANY, DISASTER
(12.2.6)
That the Mayor and Council of the Town of Markham wish to express, on
behalf of the entire Markham community, our heartfelt and deep condolences to
the people of Germany for the shocking and tragic loss of life suffered in the
German town of Erfurt. As friends and
colleagues we share in your sorrow.
CARRIED
(6) PERSONNEL
MATTER (11.8)
That the report dated April 30, 2002 entitled “Fire Chief”, be
received;
And that Mr. Don McClean be appointed to the position of Fire Chief
effective May 1, 2002.
CARRIED
(7) TORONTO BUTTONVILLE
MUNICIPAL AIRPORT
FUNDING AGREEMENT WITH THE
PROVINCE OF ONTARIO (5.15.1)
That the
Mayor and Clerk be authorized to execute an agreement between Her Majesty the Queen
in right of Ontario (Ministry of Transportation), the Town of Markham and
Toronto Buttonville Airport Markham Inc.
CARRIED
(8) REQUEST
FOR FUNDING ASSISTANCE
INTELLIGENT COMMUNITIES
CONFERENCE
JUNE 12 – 14, 2002 (7.6)
That the letter dated April 25, 2002 from Dave Carrick, Prism
Enterprises, requesting that the Town of Markham fund his expenses at the
Intelligent Communities Conference in La Grange, Georgia, June 12 – 14, 2002,
be received;
And that the Town fund Mr. Carrick’s expenses at the conference to an
upset limit of $1,000.00.
CARRIED
(9) COMMITTEE
APPOINTMENTS (16.24)
Canada Day Committee
That the resignation of Nancy
Hogan from the Canada Day Committee be received with regret;
And that the following be
appointed to the Canada Day Committee:
Ivy Lee November 30, 2002
Markham Theatre Board
That the Terms of Reference for
the Markham Theatre Board be amended to increase the composition from 13
members to 15 members;
And that the following be
appointed to the Markham Theatre Board:
Robert Allen November
30, 2004
Michael Landry November
30, 2004
Opal Edwards-Smith November
30, 2002
Brian Harvey November
30, 2002
CARRIED
(10) YMCA
OF GREATER TORONTO (10.8.1)
That the
status report regarding the YMCA of Greater Toronto, be received.
CARRIED
(11) CONFIDENTIAL
PROPERTY MATTER (10.7)
That the
status report regarding a confidential property matter, be received.
CARRIED
Moved by Regional Councillor G. Landon
Seconded by Regional Councillor B. O’Donnell
That the Reports of the Committee of the
Whole be adopted, approved and confirmed.
CARRIED
3. MINUTES
(1) COUNCIL MINUTES
- MARCH 26, 2002
Moved by
Councillor G. McKelvey
Seconded by
Councillor A. Chiu
That the Minutes of the Council Meeting held on April 16, 2002, be
amended as follows:
1. Report
No. 17 from the Environment & Transportation Committee meeting held on
March 25, 2002, Clause (6) regarding the Town’s policy on clearing drain
blockages be amended to include the following paragraph:
“And that the three (3) outstanding cases
currently underway be dealt with outside the Town’s policy.”
2. Motion
(2) regarding the formation of the Markham Neighbourhood Beautification
Committee be amended to change the name of the committee to the Markham
Beautification Committee.
And that the Minutes of the Council Meeting held on April 16, 2002, be
adopted as amended.
CARRIED
4. PRESENTATIONS
(1) CERTIFICATES
OF COMMENDATION
AWARDED BY GOVERNOR GENERAL
(12.2.6)
Deputy Mayor
Scarpitti presented certificates of commendation awarded by the Governor
General to Dana Biase DiMonte and Davio Renaldo DiMonte in recognition of their
actions during a tree felling incident which took place in Thornhill on
September 19, 2001.
(2) ANNOUNCEMENT OF NEW
FIRE CHIEF
DON MCCLEAN (11.8)
Deputy Mayor Scarpitti announced that Don McClean has been appointed as
the Town of Markham’s new Fire Chief effective May 1, 2002 and, on behalf of
Mayor Cousens and Markham Council, congratulated Chief McClean on his
appointment.
5(a) REPORT NO. 20 - COMMUNITY SERVICES
COMMITTEE
Council
consented to separate Clause (1).
Moved by
Councillor A. Chiu
Seconded by
Councillor J. Heath
April 15, 2002
(1) PROPOSED
CENTENNIAL GO STATION OPERATING
REVIEW AND EXPANSION OF CENTENNIAL
COMMUNITY CENTRE (5.14.2 & 6.6 & 7.5)
Moved
by Regional Councillor G. Landon
Seconded
by Councillor D. Horchik
That the
Region of York be requested to extend the right turn lane on McCowan Road from
Bullock Drive to the CN Railway crossing and provide a bus drop-off for the new
GO Station, and, as part of this work, provide a right-in and right-out
entrance to Centennial Community Centre from McCowan Road;
And that Council approve proceeding with the following operational
improvements to the Centennial Community Centre prior to the opening of the new
GO Station:
1) Install two speed bumps in the drop-off
area in front of the main entrance for the estimated cost of $2,000.00.
2) Place a fence along the east side of the
playground for the estimated cost of
$7,000.00;
And that these operational improvements be
funded within the projects approved for the Centennial GO Station as part of
the 2002 Capital Budget;
And that GO Transit be requested to contact
the homeowners who have expressed concerns regarding the visual impact of the
station operations and enter into discussions regarding possible solutions.
CARRIED
(See
following motion to amend which was lost)
Moved by Councillor J. Heath
Seconded by Councillor A. Chiu
That the following be added to paragraph
2(1):
“, and one or two speed bumps, depending on
the recommendation of staff, be included in the GO traffic lane north of the
Centre with the cost to be paid by GO Transit.”
LOST
(2) OTHER
COMMITTEE PROCEEDINGS
- MINUTES OF COMMUNITY
SERVICES
COMMITTEE MEETING – APRIL 15,
2002 (16.0)
That
the Community Services Committee minutes dated April 15, 2002 be received.
CARRIED
5(b) REPORT NO. 21 - FINANCE &
ADMINISTRATIVE COMMITTEE
Council
consented to separate Clauses (5), (12) and (14).
Moved by
Regional Councillor G. Landon
Seconded by
Councillor D. Horchik
That Report
No. 21 - Finance & Administrative Committee be received and adopted.
April 22, 2002
(1) STAFF AWARD OF CONTRACTS FOR
THE PERIOD OF MARCH 19, 2002
TO APRIL 7, 2002 (7.12)
That
the report entitled "Staff Awarded Contracts for the period of March 19,
2002 to April 7, 2002" dated April 22, 2002 be received for information
only;
And
that Council approve the short term financing for the purchase of a Folder
Inserter Machine and a Postage Meter Machine from the Corporate Rate
Stabilization Reserve to be repaid over 5 years with interest, from the Clerk's
Department operating account #410 432 5539.
(2) AWARD OF PHASE 2 CONSTRUCTION
FOR BERCZY COMMONS PARK
(7.12.3 & 10.7)
That
Loc-Pave Construction Ltd. be awarded the Phase 2 works for Berczy Commons Park
in the amount of $528,580.00 inclusive of 7% GST ($508,820 inclusive of 3% GST)
which were part of tender 089-T-01 and which were scheduled to be completed in
2002;
And
that funding for this project is available from Development Services 2002
Capital Account 081-5350-4707-005 in the amount of $1,800,000.00.
(3) AWARD OF PHASE 2 CONSTRUCTION
FOR TANNERY POND BOARDWALK
(16.39)
That
Caledon Contracting Limited be awarded the Phase 2 works for the Tannery Pond
Boardwalk Project in the amount of $166,213.80 inclusive of 7% GST ($160,000.20
inclusive of 3% GST) as part of tender 108-T-01 as well as additional works set
out as separate prices in the amount of $12,521.14 inclusive of 7% GST ($12,053.06
inclusive of 3% GST) as part of tender 108-T-01;
And
that an additional $4,280.00 inclusive of 7% GST ($4,120.00 inclusive of 3%
GST) be approved for Harrington and Hoyle Ltd., Landscape Architects for
professional services rendered to cover additional supervision and contract
administration associated with the completion of Phase 2 works noted above;
And
further that funding for this project is available from Development Services
2002 Capital Account 052-5350-4784-005 in the amount of $185,000.00.
(4) TENDER AWARD 016-T-02
ROAD REHABILITATION PROGRAM
RESTORATION OF CONCRETE CURB
AND SIDEWALK (7.12.1)
That
Vidome Construction, being the lowest acceptable tender received be awarded
tender 016-T-02 for Road Rehabilitation Program, Restoration of Concrete Curb
and Sidewalk in their estimated annual amount of $1,185,988.00 inclusive of all
taxes ($1,141,652.00 inclusive of 3% GST);
And
that staff exercise the option to extend the contract for a further two years,
2003 and 2004 subject to budget approval and agreement by Vidome Construction
to guarantee the 2002 unit prices submitted and their satisfactory performance;
And
that the award be funded from the Roads Department, 2002 Capital budget for
both the Asphalt Resurfacing Program and Secondary Road Works to the upset
amount of $1,141,652.00 inclusive of the 3% GST.
(5) TENDER AWARD 015-T-02
CONCRETE AND ASPHALT
MAINTENANCE (7.12.1)
Moved by
Regional Councillor G. Landon
Seconded by
Councillor D. Horchik
That Sanan
Construction, being the lowest acceptable tender received, be awarded tender
015-T-02 for Concrete and Asphalt Maintenance in their estimated annual amount
not to exceed $661,556.06, inclusive of 7% GST ($636,825.00 inclusive of 3%
GST);
And that staff
exercise the option to extend the contract for a further two years, 2003 and
2004 subject to budget approval and agreement by Sanan Construction to
guarantee the 2002 unit prices submitted and their satisfactory performance;
And that the
award be funded from the Roads Department's 2002 Capital budget account for
Localized Repairs - Curb and Sidewalk ($300,000), Localized Repairs - Parking
Lots ($70,000) as well as the Roads Department proposed 2002 Operating account
number 700 502 5304 ($188,500) and in 2001 Capital Budget within Localized
Repairs ($44,625) and Railway Crossing Improvements ($33,700), to the upset
annual amount of $636,825.00 inclusive of 3% GST.
CARRIED
(6) AUDIT COMMITTEE REPORT (7.2)
That
the Director of Financial Reporting and staff of the Financial Reporting Group
be commended on outstanding efforts and a job well done;
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, 2001;
And
that staff proceed to issue the final consolidated Financial Statements for the
fiscal year ended December 31, 2001 upon finalization of all consolidated
amounts and subject to there being no material changes as a result of the
Markham Hydro final statements being received;
And
that Council receive for information the KPMG audit independence letter dated
April 2, 2002.
(7) PARTNERSHIP WITH REGION OF YORK
FOR SHARING GIS DATA CREATION,
MAINTENANCE, AND RELATED
APPLICATIONS (7.13)
That
Council endorse a partnership between the Region of York through its GIS
Partnership Program and the Town of Markham;
And
that the Mayor and Clerk of Markham be authorized to execute a Memorandum of
Understanding ("MOU") with the Region of York concerning its partnership
with Markham as it relates to the Enterprise GIS Program.
And
that the Town continue to pursue a partnership with the City of Toronto.
(8) PICTURE MARKHAM INTO THE
21ST CENTURY: NEXT STEPS
(12.2.6)
That
Council endorse staff's strategies to acknowledge the participating exhibition
artists and to enhance the Civic Centre with a number of original artworks
selected from the current show at The Varley Art Gallery as follows:
1. A
congratulatory letter be sent out under the Mayor's signature to each of the 31
participating artists.
2. The
five artists who received the Jurors' Award of Merit be invited to a
congratulatory luncheon held in their honour, with the Mayor, representative
members of Council, Engage 21st Century
Markham steering committee members and Picture Markham Into the 21st Century planning staff
present.
3. A
maximum of 5 suitable works be selected for display at the Civic Centre in key
public areas (with the artists' approval), and that each of the selected
artists receive an honorarium of $200.
4. The
exhibition be archived on CD ROM and be made available to the public through
the Town's website in specific reference to Engage
21st Century Markham and exhibitions hosted by The Varley Art
Gallery.
5. That
a letter of thanks be sent out under the Mayor's signature to all Round Table
participants.
And
further that total cost for these strategies not exceed $1,500, and be paid for
out of the 2002 Engage 21st Century Markham capital account (#043 5399 4891
005).
(9) POTENTIAL SURPLUS PROPERTY AND SALE
TO ABUTTING OWNERS BLOCK K,
PLAN M-1325,
PARK BROOK PLACE, THORNHILL
(5.17)
That the vacant parcel of Town owned
land situated between 5 and 7 Park Brook Place and known as Block K, Plan
M-1325, Thornhill be declared surplus pursuant to Town of Markham By-Law
178-96;
And
that approval be granted to the Manager of Real Property to offer for sale
Block K, Plan M-1325 to each of the abutting owners on the condition that the
Town of Markham retain an easement over the property for municipal sewer
services;
And
further that a report be brought forward detailing negotiations and to request
the approval of Council regarding final disposition of the property.
(10) GRANT REQUEST (7.6)
That
the request for a grant from Yalnee Shantharam who has been invited to take
part in a volunteer trip to Thailand with Free
The Children be received;
And
that a Town of Markham hat and a supply of Markham pins be given to her to
distribute during her trip.
(11) MARKHAM DISTRICT ENERGY
BUSINESS
STRATEGY REVIEW (13.7)
That
the report entitled 'Markham District Energy Business Strategy Review' be
received;
And
that Council refer the report produced by Kattner/FVB to the Board of Directors
of Markham District Energy Inc.;
And
that the Board of Directors of Markham District Energy Inc. be requested to
incorporate the findings of the Kattner/FVB report into an updated Business
Strategy and action plan to guide the future of the district energy business;
And
further that the Board submit its updated Business Strategy and recommended
action plan for consideration by Council before the end of June 2002.
(12) MARKHAM ENERGY
CORPORATION
DIVIDEND POLICY (13.7)
Moved
by Regional Councillor G. Landon
Seconded
by Councillor D. Horchik
That
the verbal presentation by Milan Bolkovic, President, Markham Hydro
Distribution Inc. and report with respect to Proposed Dividend Policies for
Markham Energy Corporation and Markham Hydro Distribution Inc. which does not
reflect any dividends and/or interest from Richmond Hill Hydro Inc. be
received;
And
that it be recommended to Council that the Markham Energy Corporation and the
Markham Hydro Distribution Inc. Dividend Policies attached hereto as Appendix A
be confirmed and adopted, as recommended by the Markham Energy Board of
Directors.
CARRIED
(See following
recorded vote) (9:2)
YEAS: Deputy Mayor F.
Scarpitti, Regional Councillor G. Landon, Regional Councillor T. Wong, Regional
Councillor B. O'Donnell, Councillor S. Daurio, Councillor E. Shapero, Councillor
J. Virgilio, Councillor G. McKelvey, Councillor D. Horchik (9)
NAYS: Councillor J.
Heath and Councillor A. Chiu (2)
ABSENT: Mayor
D. Cousens and Councillor K. Usman (2)
(13) 139
MAIN STREET, UNIONVILLE - THE PLANING MILL (8.5)
That
Council receive and accept the Agreement of Purchase and Sale for the property
located at 139 Main Street, Unionville from Unionville Village Investments Inc.
in the amount of $395,000 excluding GST;
And
that 139 Main Street, Unionville, be declared surplus property pursuant to Town
of Markham By-law No. 178-96;
And
that notice of the proposed disposition of such lands be placed on the agenda
for the Council meeting of April 30, 2002, also as required by Town of Markham
By-law No. 178-96;
And
further that a by-law be enacted at the Council meeting on May 14, 2002,
authorizing the Mayor and Clerk to execute a Transfer/Deed of Land to
Unionville Village Investments Inc. for the lands municipally known as 139 Main
Street, Unionville, in a form satisfactory to the Town Solicitor.
(14) SHEILA RUTH INVESTMENTS
LIMITED - POWER OF SALE
BRIMLEY ROAD AND LEE AVENUE - PART OF LOT 5, CONCESSION
6, DESIGNATED AS PART 3, PLAN 65R-11518, MARKHAM (8.2)
That the subject property, legally described as Part of Lot 5,
Concession 6, designated as Part 3, Plan 65R-11518, Markham, northwest corner
of Brimley Road and Lee Avenue, be listed for sale and abutting property owners
will be advised.
CARRIED AS AMENDED
(See following motion
to amend)
Moved by Regional Councillor G. Landon
Seconded by Councillor D. Horchik
That Clause (14), Report No 21 be amended to delete "…after
abutting property owners have been contacted" and to replace it with
"…and abutting property owners will be advised".
CARRIED
(15) OTHER
COMMITTEE PROCEEDINGS
- MINUTES OF FINANCE &
ADMINISTRATIVE
COMMITTEE MEETING – APRIL 22,
2002 (16.0)
CARRIED
5(c) REPORT NO. 22 - DEVELOPMENT SERVICES
COMMITTEE
Council consented to separate Clauses (7),
(8), (10) and (12).
Moved by Councillor D. Horchik
Seconded by Regional Councillor G. Landon
That Report No. 22 - Development Services
Committee be received and adopted.
April 23, 2002
(1) THE DANIEL H.B. RAYMER HOUSE, 9483 MCCOWAN ROAD
DESIGNATION UNDER PART IV OF THE ONTARIO HERITAGE ACT
(16.11.3)
That Heritage Markham's recommendation to
designate the Daniel H.B. Raymer House, 9483 McCowan Road, under Part IV of the
Ontario Heritage Act be approved;
And that the Clerks Department be authorized
to:
-
publish and serve Council's Notice of Intention to Designate as per the
requirements of the Act; and
(2) THE WILLIAM READ HOUSE, 9899 HIGHWAY 48
DESIGNATION UNDER PART IV OF
THE ONTARIO HERITAGE ACT (16.11.3)
That the deputation by Mr. Matt Muller,
Property Manager, representing Mario and Frank Greco, owners of the William
Read House, be received;
And that the letter dated April 23, 2002 from
Mr. Matt Muller, Property Manager, representing Mario and Frank Greco, owners
of the William Read House, withdrawing the demolition permit for 9899 Highway
48, be received;
That Heritage Markham's recommendation to
designate the William Read House, 9899 Highway 48, under Part IV of the Ontario
Heritage Act be approved;
And that the Clerks Department be authorized
to:
-
publish and serve Council's Notice of Intention to Designate as per the
requirements of the Act; and
And further that the application for
demolition be denied.
(3) THE LOCUST HILL SCHOOL HOUSE, 8949 REESOR ROAD
DESIGNATION UNDER PART IV OF THE ONTARIO HERITAGE ACT
(16.11.3)
That
Heritage Markham's recommendation to designate the Locust Hill School House,
8949 Reesor Road, under Part IV of the Ontario Heritage Act be approved;
And
that the Clerks Department be authorized to:
- publish and serve Council's Notice of
Intention to Designate as per the requirements of the Act; and
And
that the Province of Ontario be requested to enter into a heritage conservation
easement agreement with the Town prior to the transfer of the property from
Provincial ownership;
And
that the Province of Ontario/Toronto Region Conservation Authority (TRCA) be
requested to maintain the Locust Hill School House in a good and sound
condition;
And
further that the Province, the TRCA and the Rouge Alliance be so advised.
(4) THE THOMAS RIVIS HOUSE, 7996 KENNEDY ROAD
DESIGNATION UNDER PART IV OF THE ONTARIO HERITAGE ACT
(16.11.3)
That
Heritage Markham's recommendation to designate the Thomas Rivis House, 7996
Kennedy Road, under Part IV of the Ontario Heritage Act be approved;
And
that the Clerks Department be authorized to:
-
publish and serve Council's Notice of Intention to Designate as per the
requirements of the Act; and
And
further that the Province of Ontario be requested to enter into a heritage
conservation easement agreement with the Town for protection of the Thomas
Rivis House prior to the transfer of the property from Provincial ownership.
(5) WOODBINE CACHET SOUTH/WEST INC., METRUS
PHASE 6 SUBDIVSION, DRAFT PLAN
19TM-97002
STREET NAME APPROVAL (PL 02
100980) (10.14)
That
the following street names be approved for use in Woodbine Cachet South/West,
Phase 5 Subdivision, Draft Plan 19TM-97002, File PL 02 100980:
-
Calico Crescent
-
Quintessa Court
-
Robert Grundy Road
(6) WISMER COMMONS
COMMUNITY
AMENDMENT TO DEVELOPMENT AGREEMENT FOR
MUNICIPAL TRUNK INFRASTRUCTURE (8.0, 5.0, 10.0)
That the
Development Services Commission report titled “Wismer Commons Community –
Amendment to Development Agreement for Municipal Trunk Infrastructure” dated
April 23, 2002 be received;
And that the
Mayor and Clerk be authorized to execute an amendment to the existing
development agreement executed between the Town and the Trustee of the Wismer
Commons Developers Group Inc., dated March 12, 2001 to the satisfaction of the
Chief Administrative Officer, and the Town Solicitor.
(7) MARKHAM KIA LTD., 31 OLD KENNEDY ROAD
OFFICIAL PLAN, ZONING BY-LAW
AMENDMENTS AND SITE PLAN
APPLICATION (OP.01-113410,
ZA.01-113414, SC01-113416) (10.3. 10.5, 10.6)
Moved by
Regional Councillor G. Landon
Seconded by
Regional Councillor T. Wong
That Official
Plan Amendment application (OP.01-113410) submitted by Markham Kia Ltd. to
permit an automobile sales establishment at 31 Old Kennedy Road be approved and
the draft Official Plan Amendment, attached as Appendix ‘A’, be adopted without
further notice;
That rezoning
application (ZA.01-113414) submitted by Markham Kia Ltd. to permit an
automobile sales establishment at 31 Old Kennedy Road, be approved and the
draft Zoning By-law attached as Appendix ‘B’, be enacted without further
notice;
And that site
plan application (SC.01-1143416) submitted by Markham Kia Ltd. to permit a
1,694 m² (18,234.66 ft²) automobile sales establishment at 31 Old Kennedy Road
be approved subject to the following conditions:
- That the approval shall relate to site
plan Option 2 (Figure 8) which permits off-loading of vehicles by parking
the trailer on the street, and using the one-way driveway aisle in the
front yard to direct off-loaded vehicles to the rear of the property;
- That the final site plan and elevation
drawings be submitted to the satisfaction of the Commissioner of
Development Services;
- That the Owner submit a Landscape Plan,
prepared by a Landscape Architect having O.A.L.A. membership, which
includes appropriate tree preservation and perimeter landscaping, to the
satisfaction of the Commissioner of Development Services;
- That the Owner enter into a site plan
agreement with the Town, containing all standard and special provisions
and requirements of the Town and public agencies;
- That the site plan agreement provide for
the payment by the Owner of all applicable fees, recoveries, Developer’s
Group obligations, and local services contribution;
- That the site plan agreement provide
that no outdoor speakers be installed, but instead personal pagers be used
for dealership employees working outside the buildings;
- That the site plan agreement contain
provisions for payment by the Owner of its pro rata share of streetscape
and infrastructure improvements being planned for Old Kennedy Road;
- That the Owner shall comply with all
requirements of the Town and authorized public agencies, to the
satisfaction of the Commissioner of Development Services; and
- Further that the site plan approval will
lapse after a period of three years commencing April 23, 2002, in the
event that a site plan agreement is not executed within that period.
(By-laws 2002-62 and 2002-63)
CARRIED
(Councillor J. Virgilio
abstained)
(8) UNIONVILLE MONTESSORI SCHOOL, 9400
KENNEDY ROAD
OFFICIAL PLAN AND ZONING
BY-LAW AMENDMENTS AND
SITE PLAN APPROVAL (OPA
99-017151, ZO 99-017154, SC 01-111368)
(10.3, 10.5, 10.6)
Moved
by Regional Councillor G. Landon
Seconded
by Councillor J. Heath
That
correspondence with respect to applications for Official Plan and zoning by-law
amendments, Files OPA 99-017151 and
ZO 99-017154, submitted by Unionville Montessori School, be received;
And
that the Record of Public Meeting held on December 4, 2001 regarding the
official plan and zoning by-law amendments, Files OPA 99-017151 and ZO 99-017154, submitted by Unionville
Montessori School, to permit a permanent Montessori school at 9400 Kennedy
Road, be received;
And
That the application to amend the Official Plan (revised 1987) to provide for a
private elementary school and associated accessory uses, be approved and the
draft amendment attached as Appendix ‘A’, be adopted by Council without further
notice;
And
that the application to amend the zoning by-law to permit a private elementary
school, be approved and the implementing by-law, set out in Appendix “B” to
this report, be enacted without further notice;
And
further that the application for site plan approval of an elementary private
school, 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 and parkland
dedications;
4.
That site plan approval shall lapse after a period of
three years commencing April 23, 2002, in the event that the Owner does not
enter into a site plan agreement with the Town during that period;
5. That
the owner provide internal refuse storage areas to the satisfaction of the
Director of Environmental Services;
6.
That the owner convey to the Town an 8.5 metre wide strip of land along
the northern boundary of the site, for a future road, including any daylighting
requirements at the future intersection with Kennedy Road;
7. That the owner agree in the site
plan agreement to convey private easements to the properties to the east for
municipal servicing, and to allow for integrated access and on site
circulation, to the satisfaction of the Town.
(By-laws 2002-64 to 2002-66)
CARRIED
(Councillor D.
Horchik abstained)
(9) YEAR 2002 ECONOMIC DEVELOPMENT MARKETING
PLAN (10.16)
That the
report entitled “Year 2002 Economic Development Marketing Plan” be received;
And that authorization to implement the Year
2002 marketing plan be received;
And further that the projects described within
this report be funded from the approved 2002 Business Development operating
budget account 610-9985808 and Business Travel account 610-9985201.
(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
utilization of the SkyCast-Trafalgar Pole as a pilot project in the Grand Life
plan of subdivision (19TM-01013) be endorsed 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
further utilization of the SkyCast – Trafalgar pole (or approved equal) in the
Town be subject to the Directors of Engineering and Street Services being
satisfied with the pilot project and resolution of technical issues.
DEFERRED AND REFERRED
(See following motion to defer
and refer)
(Councillor J. Virgilio abstained)
Moved by Councillor D. Horchik
Seconded by Regional Councillor G. Landon
That Clause (10), Report No. 22 regarding telecommunication street
furniture, be deferred and referred
back to staff for a further report to the May 7, 2002 Development Services
Committee meeting addressing the concerns/issues outlined in the April 23, 2002
letter from Rick Engelhardt, Bell Canada.
CARRIED
(11) J.V.H.
PROPERTIES, 70 DENISON STREET
ZONING APPLICATION TO PERMIT A MEAT PROCESSING
AND PACKAGING PLANT (ZA. 02-105323) (10.5)
That
the Record of the Public Meeting held on April 23, 2002, with respect to the
proposed amendment to By-law 108-81 by J.V.H. Properties Ltd., to permit a meat
processing and packaging plant at 70 Denison Street (ZA.02-105323), be
received;
And
that the application by J.V.H. Properties Ltd. to amend By-law 108-81 be
approved, subject to the addition of provisions requiring indoor, refrigerated
storage of waste by-products;
And
further that the proposed amendment to By-law 108-81 be enacted without further
notice.
(12) OTHER
COMMITTEE PROCEEDINGS
- MINUTES OF DEVELOPMENT
SERVICES
COMMITTEE MEETING – APRIL 23,
2002 (16.0)
CARRIED
6. MOTIONS
Council
consented to add Motions (1), (2), (3) and (4).
(1) PRIVATIZATION
OF HYDRO ONE (13.5.1)
Moved by Regional Councillor G. Landon
Seconded by Regional Councillor T. Wong
That the letter dated April 11, 2002 from
Vincent Rodo, Toronto Transit Commission, advising that the Commission has
endorsed the resolutions of the Town of Markham & City of Vaughan regarding
the potential privatization of Hydro Corridors and requesting the Toronto City
Clerk to forward this matter to Toronto City Council for consideration and the
following resolution of Council of the Regional Municipality of Durham, be
referred to staff for a report to the May 21, 2002 Finance & Administrative
Committee meeting:
“a) That the Region of Durham advise the Province of Ontario that
the privatization of Hydro One is not in the best interests of the residents of
our Area Municipalities or the residents of Ontario; and further
a) That the Region of Durham requests the Province of Ontario
to not sell Hydro One; and further
c) That a copy of this resolution be circulated to all
municipalities, A.M.O. and all M.P.P.’s in Ontario.”
CARRIED
(2/3rds vote to consider was
required and obtained)
(2) EVEREST
EXPEDITION 2003 (12.2.6)
Moved by Councillor D. Horchik
Seconded by Regional Councillor G. Landon
That the letter from Glenn Edwards, Canadian
Fire Fighter Everest Expedition 2003 regarding a proposed compromise to the Town
of Markham flag being placed on the summit of Mount Everest be accepted and
that a response be forwarded to Mr. Edwards so indicating.
CARRIED
(2/3rds vote to consider was
required and obtained)
(3) CANADA
POST SUPER MAILBOXES (13.5.1)
Moved by Councillor A. Chiu
Seconded by Regional Councillor G. Landon
That following resolution of the Council of
the Town of East Gwillimbury, be received and endorsed:
“The Town of East Gwillimbury supports the
position of the Town of Richmond Hill in its request that Canada Post assume
responsibility for waste paper and waste receptacles at Super Mailboxes.”
CARRIED
(2/3rds vote to consider was
required and obtained)
(4) MARKHAM
JAZZ FESTIVAL (3.5)
Moved by Regional Councillor B. O’Donnell
Seconded by Councillor E. Shapero
That the request from the Markham Jazz Festival Committee to close Main Street
Unionville from north of Fred Varley Drive to south of Carlton Road to
facilitate the Markham Jazz Festival being held on August 17, 2002 between the
hours of 8:00 p.m. and 11:00 p.m. be referred to the Ward Councillor for a
report back to Council.
CARRIED
(2/3rds vote to consider was
required and obtained)
7. COMMUNICATIONS
Council
consented to separate Communications 128-2002, 130-2002 to 131-2002, 132-2002,
and 144-2002 and to consider as Motions.
Moved by
Councillor A. Chiu
Seconded by
Regional Councillor G. Landon
That Council
receive and consent to the disposition of communications in the following
manner:
Received
128-2002 The
Regional Municipality of Durham - Forwarding a resolution regarding requesting
the Province of Ontario not to sell Hydro One and requesting support with
respect thereto. (13.5.1) (considered as a Motion (1))
129-2002 Ernst Friedel,
President, German-Canadian Congress - Forwarding comments in support of the
protection of the lands at 80 German Mills - Settlers Park. (10.7)
130-2002 Glenn
Edwards, Canadian Fire Fighter Everest Expedition 2003 - Forwarding a copy of
the amended version of “Mount Logan Sponsor $5,000” for the Town of Markham and
offering a compromise to the Town of Markham flag being placed on the summit of
Mount Everest. (12.2.6) (Considered as a Motion (2))
131-2002 Town
of East Gwillimbury - Forwarding support with respect to the resolution from
the Town of Richmond Hill requesting that Canada Post assume responsibility for
waste paper and waste receptacles at Super Mailboxes. (13.5.1)
(Considered as a Motion (3))
132-2002 Toronto
Transit Commission - Advising that the Commission has endorsed the resolutions
of the Town of Markham & City of Vaughan regarding the potential
privatization of Hydro Corridors and the Toronto City Clerk has been requested
to forward this matter to Toronto City Council for consideration. (5.14.3 &
5.10)
(Considered as a Motion (1))
133-2002 Association of
Municipalities of Ontario - Forwarding a resolution of the Town of Oakville
with respect to its position on the Ontario Municipal Board. (13.12.2)
134-2002 Association of
Municipalities of Ontario - Advising that May 6, 2002 has been set as the
deadline for commenting on the Ontario Municipal Employees Retirement System
(OMERS) Report on autonomy and governance. (13.12.2)
135-2002 Association of
Municipalities of Ontario - Forwarding a resolution of the Town of Haileybury
requesting support with respect to detour costs. (13.12.2)
136-2002 Association of
Municipalities of Ontario - Forwarding a resolution of the City of Windsor
requesting support with respect to the delaying of deregulation of Ontario
electricity system. (13.12.2)
137-2002 Power Workers'
Union - Forwarding information in support of the purchases of electricity
generated by coal-fired stations. (5.7)
138-2002 Earth Tech Canada
Inc. - Forwarding a copy of the Notice of Public Information No. 2 for the
York-Durham Sewage System Southeast Collector Class Environmental Assessment
being held on April 30, 2002 from 3:00 p.m. to 8:00 p.m. at the Cedar Grove
Community Centre. (13.4)
139-2002 City of Kingston
- Forwarding a resolution with respect to requesting the Ontario government to
cancel its plans to deregulate and privatize the electricity market on May 1,
2002. (13.5.1)
Referred to all Members of Council
140-2002 Liquor Licence
Application - Request to complete the Municipal Information Form for Zoies
Restaurant, 9582 Highway 48, Markham (outdoor area). (3.21)
141-2002 Liquor Licence
Application - Request to complete the Municipal Information Form for Unionville
Arms Pub & Grill, 189 Main Street Unionville, Markham (indoor area). (3.21)
142-2002 Liquor Licence
Application - Request to complete the Municipal Information Form for Courtyard
by Marriott, 65 Minthorn Court, Markham (indoor area). (3.21)
143-2002 Liquor Licence
Application - Request to complete the Municipal Information Form for Residence
Inn by Marriott, 55 Minthorn Court, Markham (indoor area). (3.21)
144-2002 Markham
Jazz Festival Committee - Request to close Main Street Unionville from north of
Fred Varley Drive to south of Carlton Road to facilitate the Markham Jazz
Festival being held on August 17, 2002 between the hours of 8:00 p.m. and 11:00
p.m. (3.5)
(By-law 2002-67) (Considered as a Motion (4))
CARRIED
8. OTHER BUSINESS
(1) REQUEST
TO PLANT MEMORIAL TREE (12.2.6)
Moved by
Councillor A. Chiu
Seconded by
Councillor S. Daurio
That the planting
of a tree on the Civic Centre grounds in memory of all employees that have
passed away and that a plaque be placed by the tree in memory of our friends
and colleagues, be approved.
CARRIED
(2) NOTICE OF PROPOSED SALE
TOWN OF MARKHAM
PROPOSED SALE OF SURPLUS REAL PROPERTY
(Pursuant to By-law 178-96)
139 MAIN STREET, UNIONVILLE - THE PLANNING MILL (8.5)
Moved
by Councillor D. Horchik
Seconded
by Councillor J. Virgilio
That
the notice of sale for 139 Main Street Unionville be confirmed.
CARRIED
9. BY-LAWS
Council
consented to withdraw By-law 2002-67 and to separate By-laws 2002-62 to
2002-66.
Moved by
Regional Councillor G. Landon
Seconded by
Regional Councillor T. Wong
That By-laws
2002-62 to 2002-66, 2002-68 and 2002-69 be given three readings and enacted.
Three Readings
BY-LAW 2002-62 A by-law to adopted Official Plan Amendment No. 90 (Markham Kia
Ltd., 31 Old Kennedy Road - To permit a vehicle sales establishment).
(Clause 7, Report No. 22, 2002) (Councillor J. Virgilio
abstained)
BY-LAW 2002-63 A by-law to amend Zoning By-law 47-85, as amended (Markham Kia
Ltd., 31 Old Kennedy Road - To permit a vehicle sales establishment).
(Clause 7, Report No. 22, 2002) (Councillor J. Virgilio
abstained)
BY-LAW 2002-64 A by-law to adopted Official Plan Amendment No. 91 (Unionville
Montessori School, 9400 Kennedy Road - To permit a permanent Montessori
school).
(Clause 8, Report No. 22, 2002) (Councillor D. Horchik abstained)
BY-LAW 2002-65 A by-law to amend Zoning By-law 304-87, as amended (Unionville
Montessori School, 9400 Kennedy Road - To delete the subject lands from the
designated area by-law so that it may be incorporated into Zoning By-law 177-96
to permit a permanent Montessori school).
(Clause 8, Report No. 22, 2002) (Councillor D. Horchik abstained)
BY-LAW 2002-66 A by-law to amend Zoning By-law 177-96, as amended (Unionville
Montessori School, 9400 Kennedy Road - To permit a permanent Montessori
school).
(Clause 8, Report No. 22, 2002) (Councillor D. Horchik abstained)
BY-LAW 2002-67 A by-law to authorize the closing of Main Street Unionville
from north of Fred Varley Drive to south of Carlton Road to facilitate the
Markham Jazz Festival being held on August 17, 2002 between the hours of 8:00
p.m. and 11:00 p.m.
(Communication No. 144-2002) WITHDRAWN
BY-LAW 2002-68 A by-law to amend Zoning By-law 177-96, as amended (Amber Plain
Investments Limited, Phase 2B, Plan 19T-95042 - To remove the (H) Hold
provision).
(Council Meeting No. 9, 2002)
BY-LAW 2002-69 A by-law to confirm the proceedings of the Council meeting of
April 30, 2002.
(Council
Meeting No. 9, 2002)
CARRIED
10. ADJOURNMENT
Moved by
Councillor A. Chiu
Seconded by
Councillor S. Daurio
That the
meeting do adjourn.
CARRIED
Council
adjourned at 8:25 p.m.
_________________________________ ____________________________________
SHEILA
BIRRELL, TOWN CLERK FRANK
SCARPITTI, DEPUTY MAYOR
(Signed)