2004-6-30 & 2004-07-01

COUNCIL MINUTES  Council Chamber, Civic Centre

 

(Canada Room)

COMMITTEE OF THE WHOLE

 

ROLL CALL

Mayor D. Cousens, Deputy Mayor F. Scarpitti (5:45 p.m.), Regional Councillor J. Heath, Regional Councillor J. Jones, Regional Councillor B. O'Donnell (5:25 p.m.), Councillor S. Daurio, Councillor E. Shapero, Councillor J. Virgilio (5:35 p.m.), Councillor G. McKelvey, Councillor J. Webster, Councillor D. Horchik, Councillor A. Chiu. (12)

 

Regrets

Councillor K. Usman.

 

 

Moved by Councillor J. Webster

Seconded by Councillor D. Horchik

 

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

 

(1)        Group Homes Policy - Appeals Before the Ontario Municipal Board (10.0 & 13.13)

(2)        Possible Purchase of Lands Environmental Land Acquisition Fund (8.6)

(3)        York Catholic District School Board Telecom RFP (13.7)

(4)        Tender Award Contract 070-T-04 - Rodick Road/Hwy 407 Grade Separation (5.10 & 7.5)

(5)        Firefighters Bargaining Update (11.6)

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

(7)        2003 Markham Fire and Emergency Services Annual Report (7.15)

(8)        Opening of Angus Glen Community Centre Impact on Public Skating (6.1)

(9)        Summary of The Development Charge Background Study (7.11)

(10)      Tender Award Contract 070-T-04 - Rodick Road Hwy 407 Grade Separation (5.10 & 7.5)

(11)      Office Furniture Manufacturer of Choice Steelcase Inc. (7.12)

(12)      Markham Jazz Festival (4.0 & 3.5)

 

CARRIED

 

 

The Regular Meeting of Council was held on June 30 and July 1, 2004 at 7:00 p.m. in the Council Chamber, Civic Centre.  Mayor D. Cousens presided.

 

 

(Council Chambers)

COUNCIL

 

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 A. Chiu. (12)

 

Regrets

Councillor K. Usman.

 

 

 

STAFF

J. Livey, Chief Administrative Officer

J. Baird, Commissioner of Development Services

S. Birrell, Town Clerk

S. Chait, Director of Economic Development

C. Conrad, Town Solicitor

B. Cribbett, Treasurer

D. McClean, Fire Chief

P. Miller, Manager, Secretariat Services

B. Nanninga, Executive Assistant

J. Sales, Commissioner of Community & Fire Services

A. Taylor, Commissioner of Corporate Services

 

 

 

1.         DISCLOSURE OF PECUNIARY INTEREST

 

Regional Councillor J. Heath declared an interest with respect to Clause (22), Report No. 40 - the application by the Markham Sunrise Rotary Club for an application for exemption to the Noise By-law for Ribfest by nature of being a member of the local Rotary Club, and did not take part in the consideration of, or vote on the question of approval of this matter.

 

Regional Councillor J. Heath declared an interest with respect to Clause (7),Report No. 40 - the Markham Museum Wine Tasting Car Raffle by nature of being a member of the local Rotary Club, and did not take part in the consideration of, or vote on the questions of approval of this matter.

 

Regional Councillor J. Heath disclosed an interest with respect to Clause (20), Report No. 41 (Development Services Committee Minutes - Item 37) - the proposed Official Plan amendment for lands at the north-east corner of McCowan Road and Bullock Drive, File OPA 04 017774, by nature of owning property in the area, 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. 41 - the alternative energy supply project proposed by Rogers Cable and Ballard Power Systems Inc., by nature of being the father of 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.

 

Councillor J. Virgilio disclosed an interest with respect to Clause (20), Report No. 41 (Development Services Committee Minutes - Item 20) - the alternative energy supply project proposed by Rogers Cable and Ballard Power Systems Inc., by nature of being the father of 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.

 

Councillor J. Virgilio disclosed an interest with respect to Clause (18), Report No. 41 - the proposed development by Eugenio Garritano and Alfio Foti at 355-357 Main Street Markham North, by nature of representing the applicants, and did not take part in the consideration or discussion of or vote on the question of the approval of such matter.

 

 

 

2.         REPORT OF THE COMMITTEE OF THE WHOLE

 

Moved by Councillor A. Chiu

Seconded by Councillor J. Webster

 

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:

 

Council consented to separate Clauses (1) and (10).

 

 

(1)        GROUP HOMES POLICY - APPEALS
            BEFORE THE ONTARIO MUNICIPAL BOARD (10.0 & 13.13)

 

That Council receive the report entitled "Group Homes Policy - Appeals Before the Ontario Municipal Board" dated June 1, 2004;

 

And that Council repeal Bylaw 71-91, a bylaw to adopt OPA No. 97 to the Official Plan of the Markham Planning Area (1976) (Deferral No. 4 of Official Plan Amendment No. 58 to the Town of Markham 1987 Official Plan);

 

And that Council repeal Bylaw 72-91, a bylaw to implement the policies of OPA No. 97 to the Official Plan of the Markham Planning Area (1976) (Deferral No. 4 of Official Plan Amendment No. 58 to the Town of Markham 1987 Official Plan);

 

And that the Ontario Municipal Board be advised that the Town of Markham does not wish to pursue approval of Bylaws 71-91 and 72-91 and Deferral No. 4 of Official Plan Amendment No. 58 to the Town of Markham 1987 Official Plan;

 

And that the Commissioner of Development Services report back to Development Services Committee with recommendations for developing and implementing new policies respecting the regulation of group homes in the Town of Markham.

(By-law 2004-205)

 

CARRIED

(See following recorded vote) (9:3)

 

YEAS:             Mayor D. Cousens, Regional Councillor J. Heath, Regional Councillor B. O'Donnell, Councillor S. Daurio, Councillor J. Virgilio, Councillor G. McKelvey, Councillor J. Webster, Councillor D. Horchik, , Councillor A. Chiu. (9)

 

NAYS:             Deputy Mayor F. Scarpitti, Regional Councillor J. Jones, Councillor E. Shapero. (3)

 

ABSENT:        Councillor K. Usman.

 

 

The Chair advised that issue signs are not permitted to be displayed in the Council Chamber.

 

The decision of the Chair was challenged and was upheld.

 

Moved by Deputy Mayor F. Scarpitti

Seconded by Councillor E. Shapero

 

That the ruling of the Chair be sustained.

 

CARRIED

(See following recorded vote) (7:5)

 

YEAS:             Mayor D. Cousens, Regional Councillor B. O'Donnell, Councillor S. Daurio, Councillor J. Virgilio, Councillor G. McKelvey, Councillor J. Webster, Councillor D. Horchik. (7)

 

NAYS:             Deputy Mayor F. Scarpitti, Regional Councillor J. Heath, Regional Councillor J. Jones, Councillor E. Shapero, Councillor A. Chiu. (5)

 

ABSENT:        Councillor K. Usman.

 

(2)        POSSIBLE PURCHASE OF LANDS
            ENVIRONMENTAL LAND ACQUISITION FUND (8.6)

 

That the tabled information regarding the possible purchase of property from the Environmental Land Acquisition Fund be received.

 

 

(3)        YORK CATHOLIC DISTRICT SCHOOL BOARD
            TELECOM RFP (13.7)

 

That the update by Mr. Bill Milroy, Director of Systems Operations, Power Stream, be received.

 

 

(4)        TENDER AWARD CONTRACT 070-T-04 -
RODICK ROAD/ HWY 407 GRADE SEPARATION (5.10 & 7.5)  Weblink 

 

That the update from the Director of Engineering providing additional information regarding awarding the tender for Contract 070-T-04 "Rodick Road/Highway 407 grade separation" be received.

 

 

(5)        FIREFIGHTERS BARGAINING UPDATE (11.6)

 

That the staff update on Firefighters negotiations be received.

 

 

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

 

Markham Conservation Committee

That the resignation of Eric Wong from the Markham Conservation Committee be received with regret and a letter of appreciation be forwarded;

 

And that staff be directed to determine if a replacement appointment is required and advertise in the local newspapers for interested candidates, if necessary.

 

 

(7)        2003 MARKHAM FIRE AND EMERGENCY
SERVICES ANNUAL REPORT (7.15)

 

That the 2003 Annual Report from the Markham Fire and Emergency Services (MFES) Department be received.

 

(8)        OPENING OF ANGUS GLEN COMMUNITY CENTRE
            IMPACT ON PUBLIC SKATING (6.1)  weblink 

 

That the report titled Opening of Angus Glen Community Centre - Impact on Public Skating be received as information.

 

 

(9)        SUMMARY OF THE DEVELOPMENT
            CHARGE BACKGROUND STUDY (7.11)

 

That the report titled "Summary of the Development Charge Background Study" be received;

 

And that Council approve the policy changes outlined in this report;

 

And that Council approve the recommendation of staff to only restore the stormwater management facilities that are unstable as a balance of environmental stewardship and financial constraints;

 

And that staff be authorized to meet with the Development Community to review the report and receive input;

 

And that staff provide Council with an information package prior to the release of the Development Charge Background Study to the public;

 

And further that Council approve the scheduling of the Development Charge Public Meeting for Tuesday, August 3, 2004 at 7 pm.

 

CARRIED

 

 

(10)      TENDER AWARD CONTRACT 070-T-04 -
RODICK ROAD/ HWY 407 GRADE SEPARATION (5.10 & 7.5)  Weblink

 

That the staff report entitled "Tender Award - Contract 070-T-04 Rodick Road/Highway 407 Grade Separation" be received;

 

And that the tender for the construction of Rodick Road/Highway 407 Grade Separation be awarded to the lowest bidder, Graham Bros. Construction Limited in the amount of $8,767,367.32 inclusive of 7% GST ($8,193,810.23 excluding GST);

 

And that the Mayor and Clerk be authorized to execute the contract with Graham Bros. Construction Limited for the construction of Rodick Road/Highway 407 Grade Separation;

 

And that Engineering staff be authorized to retain the consulting firm of Morrison Hershfield Limited to provide construction inspection and contract administration services during construction of the project to an upset limit of $331,325.50 inclusive of 7% GST ($309,650.00 exclusive of GST);

 

And that Engineering staff be authorized to retain a qualified consulting firm to provide materials and foundation testing services during construction of the project for an estimated total cost of $85,600.00 inclusive of 7% GST ($80,000.00 exclusive of GST);

 

And that Engineering staff be authorized to retain the consulting firm of Klienfeldt Consultants as the preferred supplier to provide environmental services relating to the preparation of a Site Specific Risk Assessment and a Soil and Groundwater Management Plan for the former Magna property to an upset limit of $99,510.00 inclusive of 7% GST ($93,000.00 exclusive of GST);

 

And that Engineering staff be authorized to retain the consulting firm of Klienfeldt Consultants as the preferred supplier to provide environmental inspection and monitoring services during the implementation of the Soil and Groundwater Management Plan for the former Magna property to an upset limit of $135,890.00 inclusive of 7% GST ($127,000.00 exclusive of GST);

 

And that a contingency amount totalling $428,000.00 inclusive of GST, ($400,000.00 excluding GST) be reserved for the implementation of a soil management plan to deal with the contaminated soils on the Magna property;

 

And that Purchasing Department staff be authorized to issue purchase orders to 407 ETR for a total amount not to exceed $21,400.00 inclusive of 7% GST, ($20,000.00 exclusive of GST) for the cost of work to be carried out by 407 ETR for the Highway 407;

 

And that funding for the project be provided from the approved Capital Budget accounts and recoveries from the Region of York as identified in this report;

 

And that the Operations and Asset Management staff include in their 2006 and subsequent years operating budgets the estimated value of the annual operating, maintenance and capital depreciation costs for the grade separation and municipal services;

 

And that upon payment of all invoices, any remaining funding be returned to its original funding source.

 

CARRIED

(See following recorded vote) (10:2)

(See following motion which was not considered)

 

YEAS:             Mayor D. Cousens, Deputy Mayor F. Scarpitti, Regional Councillor J. Heath, Regional Councillor B. O'Donnell, Councillor S. Daurio, Councillor E. Shapero, Councillor J. Virgilio, Councillor G. McKelvey, Councillor J. Webster, Councillor D. Horchik. (10)

 

NAYS:             Regional Councillor J. Jones, Councillor A. Chiu. (2)

 

ABSENT:        Councillor K. Usman.

 

 

            Moved by Regional Councillor J. Jones

            Seconded by Deputy Mayor F. Scarpitti

 

            "That the extension of Rodick Road be completed further south to Esna Park as expeditiously as possible;

 

            And that staff report back in September, 2004 regarding extending the completion of Rodick Road further south to Esna Park including a restriction on the widening of Warden Avenue pending this extension."

 

(NOT CONSIDERED)

(2/3 vote required but not obtained)

 

 

(11)      OFFICE FURNITURE MANUFACTURER OF CHOICE
            STEELCASE INC. (7.12)     Report

 

That the report entitled "Office Furniture Manufacturer of Choice - Steelcase Inc." be received;

 

And that Council reaffirm Steelcase Inc. as the office furniture manufacturer of choice for systems (workstation) furniture at the Civic Centre;

 

And that the manufacturer of choice designation for systems furniture be extended to all Town facilities;

 

And that the Mayor and the Clerk be authorized to execute a 5-year Value Proposition Agreement between Steelcase Inc. and the Town of Markham in a form satisfactory to the Town Solicitor;

 

And that, where appropriate, Steelcase Inc. products be identified and included in the base furniture specifications for future facility capital construction projects;

 

And further that subsequent to the development of the Value Proposition Agreement, staff solicit competitive bids for the supply of Steelcase products from authorized Steelcase dealers.

 

 

(12)      MARKHAM JAZZ FESTIVAL (4.0 & 3.5)

 

That authority be granted for the Markham Jazz Festival to purchase liability insurance for the festival through the Town of Markham's insurance policy.

 

 

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 MEETING
            - JUNE 22, 2004

 

Moved by Councillor A. Chiu

Seconded by Councillor s. Daurio

 

That the Minutes of the Council Meeting held on June 22, 2004, be adopted.

 

CARRIED

 

4.         PRESENTATIONS

 

(1)        MARKHAM-STOUFFVILLE STARS (12.2.6)

 

Council honoured the following members of the Markham-Stouffville Stars for winning the Gold Medal at the 2004 Ontario Women's Hockey Association's Provincial Championships in the Bantam "AA" Division:

 

Names of Players Alex Wells Amanda Fawns Kelly Setter Corliss Bean Stephanie Seggie Hayley Hughes Alex Forsyth Jamie Tostik Vicky Wells Nyssa Kuwahara Cassandra Mcnichol Jenna Callaghan Natalie Geiger Trisha Egberts Danielle Skoufranis Jordanna Peroff

Names of Coaches, Trainers & Manager Dave Bean Mark Setter John Callaghan Len Kuwahara Cheryl Daniel Donna Dainty Ken Forsyth

 

 

(2)        DONATION OF FIRE TRUCK APPARATUS
            TO ECUADOR (7.15 & 7.0 & 12.2.6)

 

On behalf of the Town of Markham, Mr. Don McClean, Fire Chief presented the donation of a fire truck apparatus (1984 International/Thibault Pumper) to be used in Ecuador, through Dr. P. W. Roberts, M.D., Chairman, Friends of Ecuador Committee.

 

 

 

5.         DELEGATIONS

 

Council consented to add Delegations (1) to (12).

 

(1)        Stephen Armstrong, Armstrong Goldberg Hunter, was in attendance to request Council to consider approval of the application submitted by Forest Bay Homes Ltd., for Phase 5 and Phase 6 of the Villages of Fairtree Community at the northeast corner of Markham Road and Steeles Avenue. (Clause (20), Item 41, Report No. 41) (10.5)

 

(2)        Ira Kagan, Kagan Shastri, Barristers and Solicitors, on behalf of the applicant, in support of the Official Plan Amendment and Zoning By-law Amendment applications submitted by 1107656 Ontario Inc.) to redesignate the lands at Highway 7 and South Park Road (Leitchcroft Area) for residential use. (Report No. 39, Clause 1) (10.3, 10.5).

 

            Moved by Deputy Mayor F. Scarpitti

            Seconded by Regional Councillor J. Jones

 

            That the five (5) minute permitted delegation time be extended to allow Mr. I. Kagan to speak for ten (10) minutes.

 

CARRIED

 

(3)        Steve Chan in objection to the Official Plan Amendment and Zoning By-law Amendment applications submitted by 1107656 Ontario Inc.) to redesignate the lands at Highway 7 and South Park Road (Leitchcroft Area) for residential use.  Mr. Chan also submitted his comments in writing. (Report No. 39, Clause 1) (10.3, 10.5).

 

(4)        Sherry Xu in support of the Official Plan Amendment and Zoning By-law Amendment applications submitted by 1107656 Ontario Inc.) to redesignate the lands at Highway 7 and South Park Road (Leitchcroft Area) for residential use based on the safety of the area. (Report No. 39, Clause 1) (10.3, 10.5).

 

(5)        Sara Zerehi in support of the Official Plan Amendment and Zoning By-law Amendment applications submitted by 1107656 Ontario Inc.) to redesignate the lands at Highway 7 and South Park Road (Leitchcroft Area) for residential use. (Report No. 39, Clause 1) (10.3, 10.5).

 

(6)        Bob Bhinder in support of the Official Plan Amendment and Zoning By-law Amendment applications submitted by 1107656 Ontario Inc.) to redesignate the lands at Highway 7 and South Park Road (Leitchcroft Area) for residential use. (Report No. 39, Clause 1) (10.3, 10.5).

 

(7)        Saied Sabet in support of the Official Plan Amendment and Zoning By-law Amendment applications submitted by 1107656 Ontario Inc.) to redesignate the lands at Highway 7 and South Park Road (Leitchcroft Area) for residential use. (Report No. 39, Clause 1) (10.3, 10.5).

 

(8)        Harpal Bhinder in support of the Official Plan Amendment and Zoning By-law Amendment applications submitted by 1107656 Ontario Inc.) to redesignate the lands at Highway 7 and South Park Road (Leitchcroft Area) for residential use. (Report No. 39, Clause 1) (10.3, 10.5).

 

(9)        Frederick Woo in support of the Official Plan Amendment and Zoning By-law Amendment applications submitted by 1107656 Ontario Inc.) to redesignate the lands at Highway 7 and South Park Road (Leitchcroft Area) for residential use.  Mr. Woo also submitted letters from 84 purchasers of residential units of Galleria Tower and Victoria Tower. (Report No. 39, Clause 1) (10.3, 10.5).

 

            Moved by Deputy Mayor F. Scarpitti

            Seconded by Regional Councillor J. Jones

 

            That the five (5) minute permitted delegation time be extended to allow Mr. F. Woo to speak for ten (10) minutes.

 

CARRIED

 

(10)      Sue Fusco, Stop Transmission Lines Over People " S.T.O.P.", in objection to the proposed Hydro One Transmission Corridor proposal and requesting a portion of the Task Force funding be allotted to S.T.O.P. now to defray its legal fees.  Ms. Fusco also submitted 591 resident letters in objection and additional petition signatures for a current total of 560. (13.8)

 

            Moved by Deputy Mayor F. Scarpitti

            Seconded by Councillor J. Virgilio

 

            That the matter of the Hydro One Transmission Corridor proposal be added to the agenda and heard at this time.

 

CARRIED

(2/3 vote required and obtained)

 

 

(11)      Lawrence Smith in objection to the proposed Hydro One Transmission Corridor proposal on the basis of the health risks from EMF's.  Mr. Smith also submitted statistics in support of his concerns.  He also requested that Council advise the community of the dangers of EMF's and pass By-laws to protect residents. (13.8)

 

 

(12)      Alan Meddick representing the Olde Markham Village Community, in objection to By-laws 2004-181 and 2004-182 for Veredex Capital Corporation, 55 Albert Street, and the permitted public/private school and daycare centre use. (Clause 8, Report No. 37) (10.3, 10.5 & 10.6).

 

            Moved by Councillor G. McKelvey

            Seconded by Councillor J. Webster

 

            That By-laws 2004-181 and 2004-182 regarding the Veredex Capital Corporation application for 55 Albert Street, Markham, be brought forward and considered at this time.

 

CARRIED

 

            Moved by Councillor E. Shapero

            Seconded by Councillor A. Chiu

 

            That the motion condemning violence and hate crimes be bought forward and considered at this time.

 

CARRIED

 

 

 

6(a)      REPORT NO. 39 - THORNHILL SUBCOMMITTEE

 

Council consented to separate Clause (1).

 

(1)        1107656 ONTARIO INC. (TIMES GROUP) - LEITCHCROFT
DWELLING UNITS, PARK, AND COMMERCIAL USES
BLOCKS 45, 46, 49, 50 REG. PLAN 65M-3226 (OP 03 116474, ZA 03 116428) 
- AND
APARTMENT BUILDINGS FRONTING ONTO SADDLECREEK DR. AND SOUTH PARK RD., AND TOWNHOUSE BLOCKS FRONTING TIMES AVE.
(OP 03 116476, ZA 03 116428) (10.3, 10.5)  Weblink 1  2  3  4  5

 

In response to Councillor E. Shapero's request to speak, the Chair advised that Councillor Shapero would not be permitted to speak until the report on page four (4) of the agenda was moved and seconded.

 

The decision of the Chair was challenged and defeated.

 

Moved by Councillor E. Shapero

Seconded by Deputy Mayor F. Scarpitti

 

That the ruling of the Chair be sustained.

 

LOST

(See following recorded vote) (4:8)

 

YEAS:             Mayor D. Cousens, Regional Councillor B. O'Donnell, Councillor S. Daurio, Councillor D. Horchik. (4)

 

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

 

ABSENT:        Councillor K. Usman.

 

 

Council consented to a division of the question.

 

Moved by Councillor E. Shapero

Seconded by Councillor A. Chiu

 

That the minutes of the Thornhill Subcommittee meeting held on June 17, 2004 with respect to the applications for Official Plan Amendment and Zoning By-law Amendment submitted by 1107656 Ontario Inc. (Times Group) to permit a redesignation to residential use in the Leitchcroft Area, be received;

 

And that the deputations and correspondence received this date with respect to this proposal be received as follow:

 

            1.         Frederick Woo, 127 Pond Drive, June 20, 2004, with concerns.

            2.         Sherry Xu, 160 Leitchcroft Crescent, June 20, 2004 - in support of the residential proposal.

            3.         Frederick Woo, 127 Pond Drive, Representative of fifty (50) Purchasers of Galleria Tower and Victoria Tower on Times Avenue, June 20, 2004 - in support of the residential proposal.

            4.         Lai-Wah Wong, 1105-399 South Park Road, June 26, 2004 - in opposition of the proposal.

            5.         S. Bano Noor, 25 Times Avenue, Suite 302, June 30, 2004 - in opposition of the residential proposal.

            6.         Mohammad E. Islam, 25 Times Avenue, Suite 602, June 30, 2004 - in opposition of the residential proposal.

            7.         Amir Bakhshandeh, 25 Times Avenue, Suite 806, June 30, 2004 0 - in opposition of the residential proposal.

            8.         Letter signed by twenty-six (26) residents - members of the York Region Condominium Corporation 950 in the Leitchcroft District in support of the residential proposal.

            9.         Letter signed by 84 purchasers of residential units of Galleria Tower and Victoria Tower in support of the residential proposal.

            10.       Ira Kagan, Kagan Shastri, Barristers and Solicitors, on behalf of the applicant, delegate in support.

            11.       Steve Chan delegate in opposition.

            12.       Sherry Xu delegate in support.

            13.       Sara Zerehi delegate in support.

            14.       Bob Bhinder delegate in support.

            15.       Saied Sabet delegate in support.

            16.       Harpal Bhinder delegate in support.

            17.       Frederick Woo delegate in support.

 

And that the staff report dated December 9, 2003 regarding Official Plan Amendment and Zoning By-law Amendment in the Leitchcroft Planning District be received;

 

And that the application for Official Plan Amendment be approved in principle as applies to permit an enhanced park having a minimum area of 7.4 acres on the east portion of Block 49, and residential units on Block 50, Registered Plan 65M-3226.

 

CARRIED AS AMENDED

(See following recorded vote) (8:4)

(See following motions to amend)

 

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 A. Chiu. (8)

 

NAYS:             Councillor J. Virgilio, Councillor G. McKelvey, Councillor J. Webster, Councillor D. Horchik. (4)

 

ABSENT:        Councillor K. Usman.(1)

 

 

Moved by Regional Councillor J. Heath

Seconded by Councillor S. Daurio

 

That permitted uses on Block 45, Registered Plan 65M-3226, located west of Saddlecreek Drive be amended to permit office/commercial but not industrial uses;

 

And that permitted uses on the west portion of Block 49, Registered Plan 65M-3226, located west of the proposed park, be amended to office/commercial but not industrial uses;

 

And that the applications for Zoning By-law Amendment to permit at-grade residential in apartment buildings and townhouses on Blocks 41, 42, 43 and 44, fronting the east side of Saddlecreek Drive, north side of Southpark Road, and west side of Times Avenue, be approved in principle;

 

And that the Zoning By-law Amendments necessary to implement these changes be referred to staff to report to the first Development Services Committee meeting in September, 2004.

 

 

CARRIED AS AMENDED

(See following recorded vote) (8:4)

            (See following motions to amend)

 

YEAS:             Mayor D. Cousens, Regional Councillor J. Heath, Regional Councillor B. O'Donnell, Councillor S. Daurio, Councillor J. Virgilio, Councillor G. McKelvey, Councillor J. Webster, Councillor D. Horchik. (8)

 

NAYS:             Deputy Mayor F. Scarpitti, Regional Councillor J. Jones, Councillor E. Shapero, Councillor A. Chiu. (4)

 

ABSENT:        Councillor K. Usman.(1)

 

 

Moved by Regional Councillor J. Heath

Seconded by Deputy Mayor F. Scarpitti

 

            That Report No. 39, Clause (1) be amended to include the following paragraph:

 

"And that the application for Official Plan Amendment be approved in principle as applies to permit an enhanced park having a minimum area of 7.4 acres on the east portion of Block 49, and residential units on Block 50, Registered Plan 65M-3226."

 

CARRIED

(See following recorded vote) (7:5)

 

YEAS:             Deputy Mayor F. Scarpitti, Regional Councillor J. Heath, Regional Councillor J. Jones, Regional Councillor B. O'Donnell, Councillor S. Daurio, Councillor E. Shapero, Councillor A. Chiu. (7)

 

NAYS:             Mayor D. Cousens, Councillor J. Virgilio, Councillor G. McKelvey, Councillor J. Webster, Councillor D. Horchik. (5)

 

ABSENT:        Councillor K. Usman. (1)

 

Moved by Regional Councillor J. Heath

Seconded by Councillor S. Daurio

 

That Report No. 39, Clause (1) be amended to include the following paragraph:

 

"And that permitted uses on Block 45, Registered Plan 65M-3226, located west of Saddlecreek Drive be amended to permit office/commercial but not industrial uses."

 

CARRIED

(See following recorded vote) (7:5)

 

YEAS:             Mayor D. Cousens, Regional Councillor J. Heath, Regional Councillor B. O'Donnell, Councillor S. Daurio, Councillor J. Virgilio, Councillor G. McKelvey, Councillor J. Webster. (7)

 

NAYS:             Deputy Mayor F. Scarpitti, Regional Councillor J. Jones, Councillor E. Shapero, Councillor D. Horchik, Councillor A. Chiu. (5)

 

ABSENT:        Councillor K. Usman.

 

 

Moved by Regional Councillor J. Heath

Seconded by Councillor S. Daurio

 

That Report No. 39, Clause (1) be amended to include the following paragraph:

 

"And that permitted uses on the west portion of Block 49, Registered Plan 65M-3226, located west of the proposed park, be amended to office/commercial but not industrial uses."

 

CARRIED

(See following recorded vote) (7:5)

 

 

YEAS:             Mayor D. Cousens, Regional Councillor J. Heath, Regional Councillor B. O'Donnell, Councillor S. Daurio, Councillor J. Virgilio, Councillor G. McKelvey, Councillor J. Webster. (7)

 

NAYS:             Deputy Mayor F. Scarpitti, Regional Councillor J. Jones, Councillor E. Shapero, Councillor D. Horchik, Councillor A. Chiu. (5)

 

ABSENT:        Councillor K. Usman.

 

The Chair advised that the motions by Regional Councillor J. Heath and Councillor S. Daurio be allowed.

 

The decision of the Chair was challenged and was upheld.

 

Moved by Regional Councillor J. Heath

Seconded by Councillor S. Daurio

 

That the ruling of the Chair be sustained.

 

CARRIED

(See following recorded vote) (8:4)

 

 

YEAS:             Mayor D. Cousens, Regional Councillor J. Heath, Regional Councillor B. O'Donnell, Councillor S. Daurio, Councillor J. Virgilio, Councillor G. McKelvey, Councillor J. Webster, Councillor D. Horchik. (8)

 

NAYS:             Deputy Mayor F. Scarpitti, Regional Councillor J. Jones, Councillor E. Shapero, Councillor A. Chiu. (4)

 

ABSENT:        Councillor K. Usman.

 

 

Moved by Councillor J. Virgilio

Seconded by Regional Councillor B. O'Donnell

 

That approval be granted to continue the Council meeting of June 30, 2004 past the hour of twelve midnight.

 

CARRIED

 

 

Moved by Councillor D. Horchik

Seconded by Councillor S. Daurio

 

That Report No. 39, Clause (1) be amended to include the following paragraph:

 

"And that the applications for Zoning By-law Amendment to permit at-grade residential in apartment buildings and townhouses on Blocks 41, 42, 43 and 44, fronting the east side of Saddlecreek Drive, north side of Southpark Road, and west side of Times Avenue, be approved in principle."

 

CARRIED

 

Moved by Councillor D. Horchik

Seconded by Councillor G. McKelvey

 

That Report No. 39, Clause (1) be amended to include the following paragraph:

 

"And that the Zoning By-law Amendments necessary to implement these changes be referred to staff to report to the first Development Services Committee meeting in September, 2004."

 

CARRIED

 

 

Moved by Councillor G. McKelvey

Seconded by Councillor D. Horchik

 

That staff be authorized to engage an outside Solicitor and consultants to represent the Town at the Ontario Municipal Board.

 

CARRIED

 

 

 

6(b)      REPORT NO. 40 - FINANCE & ADMINISTRATIVE COMMITTEE

 

Council consented to table Report No. 40 and to separate Clauses (6), (7), (12), (22), (23) and (25).

 

Moved by Councillor S. Daurio

Seconded by Councillor A. Chiu

 

That Report No. 40 - Finance & Administrative Committee be received and adopted.

 

June 28, 2004

 

(1)        DELEGATION OF AUTHORITY OVER SUMMER BREAK
            TO THE CHIEF ADMINISTRATIVE OFFICER AND TO
            THE FINANCE & ADMINISTRATIVE COMMITTEE (10.6 & 16.23)   Weblink

 

That the Chief Administrative Officer, or designate, be delegated authority to call public meetings; grant site plan approval; grant extensions and minor revisions to draft plan approvals; approve street names; grant draft plan or condominium approval; initiate special advertising and be authorized to act on any general administrative issues that may be necessary in the absence of Council during the summer break except as noted in this report, in which case the Finance & Administrative Committee shall be the delegated approval authority;

 

And that the Chief Administrative Officer be authorized to award any required contracts greater than $350,000 for the period July 1 to August 29, 2004, which are in compliance with the Town's Purchasing By-law and which are within budget as approved by Council;

 

And that the Treasurer report back to the September 20, 2004 Finance & Administrative Committee as to the awards made by staff during this period.

 

 

(2)        SANDY'S BAR & GRILL -APPLICATION FOR
            EXEMPTION TO NOISE CONTROL BY-LAW  (2.10)

 

That Sandy's Bar and Grill, 7354 Woodbine Avenue, be granted an exemption from the Noise By-law for two outdoor events to be held on July 24 and August 1, 2004, from 8:00 p.m. until 3:00 a.m.  The proposed events will take place in the parking lot adjacent to the Bar and Grill and will feature a live music concert featuring musicians and bands from Trinidad and Tobago.

 

 

(3)        PARTIAL RELEASE AND ABANDONMENT OF
            WATERMAIN EASEMENT - BLOCKS 66 AND 67,
            PLAN 65M-3613 MARKHAM (8.1)    Weblink

 

That a by-law be enacted authorizing the Mayor and Clerk to execute the necessary partial release and abandonment of the watermain easement registered on title to entire townhouse blocks being Blocks 66 and 67, Plan 65M-3613, in a form satisfactory to the Town Solicitor.

(By-law 2004-193)

 

 

(4)        024-R-04 JANITORIAL SERVICES FOR VARIOUS
            LOCATIONS WITHIN THE TOWN OF MARKHAM (7.12)

 

That the report titled "024-R-04 Janitorial Services for Various Locations Within the Town of Markham" be received;

 

And that RFP 024-R-04 titled Janitorial Services for Various Locations Within the Town of Markham be awarded to the highest ranked and lowest priced bidder, Arsenal Cleaning Services Ltd. in their proposed amount of $789,342.15 inclusive of 7% GST ($737,702.94 exclusive of GST) for a period of three years effective August 1, 2004;

 

And that the remaining expenditures for 2004 (August to December), estimated at $109,630.86 including 7% GST ($102,458.75 excluding GST) be provided from the various Departmental Operating Accounts;

 

And that the following 2005-2007 estimated costs (exclusive of GST) be provided for within the respective years' budget submissions for the various departments:

 

2005                                        $245,901.00

2006                                        $245,901.00

2007 (Jan - July 31)                 $143,442.25

 

And that the 2005 Operating Budgets be re-allocated to properly match budgets with the award of this contract;

 

And further that the Purchasing Manager and the Director of Financial & Client Services be authorized to extend the contract for an additional two years at the same price, terms and conditions.

 

 

(5)        LICENSE AGREEMENT - HEALTH CANADA
            RADIATION DETECTOR, STATION #96 (8.2 & 12.2.6)    Weblink

 

That Council authorize the Mayor and Clerk to execute a License Agreement between the Town of Markham and Health Canada Radiation Protection Bureau for the installation of a radiation monitor at Station #96; 5567 14th Avenue, Markham, for nominal consideration, in a location acceptable to the Commissioner of Community and Fire Services and in a form satisfactory to the Town Solicitor.

 

 

(6)        GLENBURN FOREST POND RESTORATION PROJECT
            ACCESS AND SITE WORKS AGREEMENT
            LARKIN-MONARCH PHASE 5, BERCZY
            VILLAGE SUBDIVISION (8.2 & 5.7)    Weblink

 

That a by-law be enacted authorizing the Mayor and Clerk to execute an Access and Site Works Agreement between Larkin-Monarch Partnership and the Town of Markham to implement the Glenburn Forest Pond Restoration Project over Town owned lands legally described as Parts 8 and 42 on Plan 65R-22455, subject to the approval of the Commissioner of Development Services and in a form satisfactory to the Town Solicitor.

(By-law 2004-194)

 

CARRIED AS AMENDED

 

 

(7)        MARKHAM MUSEUM WINE TASTING CAR RAFFLE (6.7)

 

That the "Markham Museum Wine Tasting Car Raffle" report be received;

 

And that Council approve the Museum's purchase of an automobile to be raffled in partnership with the Markham Unionville Rotary Club during the annual Museum Wine Tasting event to be held September 10, 2004;

 

And that the Town of Markham enter into a car sponsorship agreement with Markville Ford Lincoln regarding the purchase of a 2004 Convertible Ford Mustang car to be raffled;

 

And that the Mayor and Clerk be authorized to sign and execute the Car Sponsorship Agreement with Markville Ford Lincoln in a form satisfactory to the Town Solicitor;

 

And that Council approve the use of the net proceeds of the Wine Tasting event to underwrite the purchase of the automobile if the raffle proceeds fail to reach the break-even point of $31,500.

 

CARRIED

(Regional Councillor J. Heath abstained)

 

 

(8)        DONATION OF FIRE TRUCK APPARATUS
            TO ECUADOR (7.15 & 7.0 & 12.2.6)       Weblink

 

That the Town of Markham work with Safetek Emergency Vehicles which will purchase 1 - 1984 International/Thibault Pumper (Vehicle #9807) from the Town and donate it on behalf of the Town of Markham for use in Ecuador, through Dr. P. W. Roberts, M.D., Chairman, Friends of Ecuador Committee;

 

And that Safetek Emergency Vehicles receive a charitable tax receipt from the appropriate registered charity;

 

And that the sale by means of a public auction, tender or quotation be waived in accordance with Purchasing By-law 143-2000 Section 34 "If it is determined that a higher return, net of disposal costs can be achieved by sale of obsolete or surplus goods to the original vendor or vendors in that line of business."

 

 

(9)        REQUEST TO COMPLETE SUBDIVISION WORKS AT
            MARKHAM HERITAGE ESTATES - FUNDING
            ALLOCATION REQUEST (16.11 & 7.0)   Weblink

 

That the Staff Report entitled "Request to Complete Subdivision Works at Markham Heritage Estates - Funding Allocation Request," dated June 28, 2004, be received;

 

And that Council authorize the implementation of the following improvements to an upset limit of $304,850 inclusive of 7% GST ($285,000 exclusive of 7% GST) to cover all costs associated with design, construction and contract administration:

 

            Walkway Connection               $ 27,000

            Island Medians             $ 58,000

            Road Construction Work          $150,000

            Super Mail Box Shelter $ 50,000

                                                            $285,000 + GST

 

And that funding for the improvement projects be provided from the Capital Reserve Fund;

 

And that Staff be authorized to initiate the land division process for Block 39 through the municipality's power of conveyance;

 

And that Heritage staff examine the options available for interpretive plaques and/or signage for the individual buildings at Markham Heritage Estates, and repairs to the Markham Heritage Estates entry sign, and prepare a submission for consideration during the 2005 capital budget process;

 

And that staff be directed to identify any remaining subdivision works that are required to be completed by the Town of Markham as the developer of Markham Heritage Estates for the consideration of Council in a future report;

 

And that the request for hanging baskets not be supported.

 

 

(10)      PROPOSED 2005 USER FEES AND RATES FOR THE
            MARKHAM THEATRE FOR PERFORMING ARTS (6.2)

 

That the report dated June 28, 2004 from the Community Services Commission entitled "Proposed 2005 User Fees and Rates for the Markham Theatre for Performing Arts." be received;

 

And that the proposed 2005 rate and fee increases be approved effective January 2, 2005;

 

And that future increases be made annually based on a 12-month change of the Consumer Price Index (Toronto, All-Items, May to May), with such increases to be effective January 1 of the following year and rounded up to the nearest half dollar;

 

And that a dedicated capital improvement reserve fund for replacement of capital expenditure items be established for the Markham Theatre for Performing Arts;

 

And that income from the capital improvement charge levied through ticket sales be directly attributed to such a dedicated capital improvement reserve fund;

 

And that a capital improvement charge of 47¢ plus GST, for a total of 50¢, be approved to be added to the ticket price;

 

And that the capital improvement charge be effective May 1, 2005, to correspond to the end of the Theatre season for which ticket prices have already been advertised;

 

And that the capital improvement charge be increased to 93¢ plus GST, for a total of $1, effective May 1, 2006;

 

And that By-law 2002-276, a by-law to impose fees or charges for services or activities provided or done by the Town of Markham, be amended to reflect the new rates;

 

And that notice to the public be provided in accordance with By-law 2002-275, a by-law to prescribe the form and manner and times for the provision of reasonable notice.

 

 

(11)      HIGHWAY 407

            - PROPERTY TAXATION ISSUE (7.3)    Weblink

 

That Council adopt the following resolution:

 

"Whereas the 407 ETR is being operated by the private sector on a for-profit basis through tolls paid by those using the highway;

 

And whereas the 407 ETR operates in a number of municipalities;

 

And whereas the Province has indicated it plans to expand the use of toll roads in Ontario;

 

And whereas municipal roads connected to the 407 ETR are subject to increased vehicular traffic placing additional demand on the local infrastructure;

 

And whereas the land occupied by the 407 ETR does not generate property tax revenue to the local municipality;

 

And whereas the Province of Ontario makes payments-in-lieu of property taxes (PILs) on lands owned or controlled by the Province where taxable tenants occupy the land;

 

And whereas the current Assessment Act exempts from taxation toll highways, and the current Municipal Tax Assistance Act excludes highways from a payment-in-lieu of property taxes (PILs);

 

Now, Therefore be it resolved that the Council of the Town of Markham request the Province of Ontario to make the necessary legislative and regulatory changes regarding the 407 ETR and all future toll roads which are operated in full or in part by for-profit organizations, to provide local municipalities with:

 

• The ability to charge property taxes; or
• The ability to charge payments-in-lieu of taxes (PILs) at the commercial rate that would be payable if property taxes were applicable; or
• An equivalent portion of the revenues received from toll roads

 

And that this resolution be forwarded to the Premier of Ontario, Minister of Finance, Minister of Transportation, Minister of Municipal Affairs and Housing, the local member of Provincial Parliament, the Association of Municipalities of Ontario (AMO), the Municipal Financial Officers Association of Ontario (MFOA), the Region of York and all municipalities through which the 407 ETR passes."

 

(12)      UPDATE ON SATELLITE COMMUNITY CENTRE
            WELL WATER SYSTEMS (6.6 & 5.3)

 

That the report entitled "Update on Satellite Community Centre Well Water Systems" be received;

 

And further that staff prepare and submit to Council future reports as necessary to comply with the requirements of the Safe Water Drinking Act (Ontario Regulation 170/03);

 

And further that staff report back on the timing for conversion to Town water for the Box Grove Community Centre and the Victoria Square Community Centre as soon as possible.

 

CARRIED AS AMENDED

 

 

(13)      DETAILED DESIGN FOR THE BIRCHMOUNT ROAD
            EXTENSION - 14TH AVENUE TO HIGHWAY 407
            050-R-04 CONSULTANT SELECTION (5.10)

 

That the staff report entitled "Detailed Design for the Birchmount Road Extension - 14th Avenue to Highway 407, 050-R-04 Consultant Selection," be received;

 

And that detailed Design for the Birchmount Road Extension - 14th Avenue to Highway 407 (RFP 050-R-04 Consultant Selection), be awarded to the highest ranked consultant, Totten Sims Hubicki Associates at an upset fee of $545,853.01 inclusive of 7% GST and disbursements ($510,143.00 exclusive of GST and inclusive of disbursements);

 

And that funding for the project be provided from the Engineering Department 2001 Capital Account # 83-5399-3748-005, Birchmount Extension - Detail Design from 14th Ave. to Hwy 7 in the amount of $835,000;

 

And that upon payment of all invoices, any remaining funds in Engineering Department 2001 Capital Account # 83-5399-3748-005, Birchmount Road Extension - Detail Design from 14th Ave. to Hwy 7 be returned to its original funding source.

 

 

(14)      CREATION OF A CITIZEN COMMITTEE TO REVIEW
            REMUNERATION OF ELECTED OFFICIALS (16.23.2)

 

That a seven member Citizen Committee be established to review and recommend remuneration including salary and benefits for Elected Officials;

 

And that the seven member Citizen Committee include representation from:

• The Markham Board of Trade
• York Technology Association
• Ratepayers' Association
• Condominium Association
• Non-Profit Sector
• Retired Executive residing in Markham
• Markham Resident

 

And that the Citizen Committee report back to the Committee of the Whole in the fall of 2004;

 

And that the following persons be appointed to the Citizen Committee:

            Frank Vetere                President, York Condominium Corporation 792

            Deb Weller                   Markham Board of Trade (former President)

            TBA                             York Technology Association

            Wilbert Lai                   Chinese Business Entrepreneurial Association

            Rahul Bhardwaj            United Way of York Region

            Drew Gerrard               Citizen Representative

            Lorne Clodge               Citizen Representative

            Louie Tucci                  President, Jennings Gate Ratepayers Association

 

 

(15)      CREATION OF AN INTERNAL COMMITTEE TO REVIEW
            OFFICE SPACE FOR COUNCILLORS AND THEIR STAFF (16.23

 

That an internal committee be established to review office space for Councillors and their staff.

 

 

(16)      SIGN BY-LAW REGULATIONS

            FOR PORTABLE SIGNS (2.16)                                                                                          

 

That the regulations with respect to portable signs, contained in the Town's Sign By-Law 2002-294 be re-affirmed.

 

 

(17)      THORNLEA HIGH SCHOOL - PROPOSED NEW ACCESS
            ROAD OVER CITY OF TORONTO RESERVOIR LANDS -
            8127 BAYVIEW AVENUE, MARKHAM (13.6.1 & 5.10)   Weblink

 

That Council authorize the Mayor and Clerk to enter into a cost sharing arrangement with the York Region District School Board to assist the Board with the annual cost of a License Agreement with the City of Toronto and the capital construction cost of a new access road from the east side of Bayview Avenue to Thornlea School and the Town's recreational facilities over the City's reservoir lands, in a form that is satisfactory to the Chief Administrative officer and the Town Solicitor.

 

(18)      PARTNERSHIP POLICY (3.0)     Report   1

 

That the policy guidelines for partnership, sponsorship and advertising activities as outlined in Appendix A of the report entitled "Partnership Policy" dated June 28, 2004 be approved.

 

 

(19)      NEW PROVINCIAL REGULATIONS RESPECTING
            CERTIFICATION OF DRINKING WATER SYSTEM
            OPERATORS AND LICENSING OF SEWAGE
            WORKS OPERATORS (5.3)

 

That the report entitled "New Provincial Regulations Respecting Certification of Drinking Water System Operators and Licensing of Sewage Works Operators" be received;

 

And that Council designate all Waterworks Operator positions Level 1, Level 2, and Level 3 as Operators-in-Charge for the purpose of Ontario Regulation 128/04 made under the Safe Drinking Water Act, 2002;

 

And that Council designate Waterworks Supervisor William Dawson as the Overall Responsible Operator for the purpose of Ontario Regulation 128/04 made under the Safe Drinking Water Act, 2002;

 

And that the Overall Responsible Operator or General Manager be authorized to designate an Overall Responsible Operator to act in his place when he is absent or unable to act as permitted under Ontario Regulation 128/04 made under the Safe Drinking Water Act, 2002;

 

And that Council designate all Waterworks Operators positions Level 2 and Level 3 as Operators-in-Charge for the purpose of Ontario Regulation 129/04 made under the Ontario Water Resources Act;

 

And that Council designate the Waterworks Supervisor William Dawson as an Overall Responsible Operator for the purpose of Ontario Regulation 129/04 made under the Ontario Water Resources Act;

 

And further that the Overall Responsible Operator or General Manager be authorized to designate an overall responsible operator to act in his place when he is absent or unable to act as permitted under Ontario Regulation 129/04 made under the Ontario Water Resources Act.

 

(20)      092-S-04 SUPPLY, INSTALLATION AND
            MAINTENANCE OF WATER METERS (5.3 & 7.12.1)

 

That the report entitled "092-S-04 Supply, Installation and Maintenance of Water Meters" be received;

 

And that the tendering process be waived in accordance with Purchasing By-law 143-2000, Section 14 (1) Item (c) "When the extension of an existing contract would prove more cost-effective or beneficial";

 

And that Neptune Technology Group (Canada) Ltd. be designated as the Town's vendor of record for the supply, installation and maintenance of water meters;

 

And that the supply, installation and maintenance of water meters be awarded to Neptune Technology Group (Canada) Ltd. for a 5-year term to an upset limit of $7,024,655.20 inclusive of 7% GST & 8% PST ($6,583,158.80 inclusive of 8% PST & exclusive of GST) for the period August 1, 2004 to July 31, 2009;

 

And that the Manager of Purchasing and General Manager of Waterworks be authorized to negotiate further the unit prices for each of the components of this contract;

 

And that the Water Meter Maintenance Pilot Project undertaken by Neptune Technology Group (Canada) Ltd. be approved at an estimated cost of $48,150.00 including 7% GST ($45,000.00 excluding GST) for the period April 1, 2004 to July 31, 2004 as per Neptune Technology Group (Canada) Ltd. unit price proposal;

 

And that contract 126-S-01 for water meter supply be extended to July 31, 2004 to coincide with the expiry date of the installation and maintenance contracts;

 

And that the remaining expenditure for 2004 (August to December), estimated at $901,286.43 including 7% GST and 8% PST ($844,574.07 including 8% PST & excluding GST), be provided for from 2004 Waterworks Operating Budget and the 2004 Waterworks Capital Account 53-6150-6020-005 Meter Replacement Project;

 

And that the following 2005-2009 estimated costs (exclusive of GST) be provided for within the respective years' budget submissions for the Waterworks Department:

 

            2005                                        $1,316,631.76

            2006                                        $1,316,631.76

            2007                                        $1,316,631.76

            2008                                        $1,316,631.76

            2009 (Jan 1 - July 31)              $   472,057.69

 

And that the 2005-2009 Waterworks Operating and Capital Budgets and purchase orders be adjusted for growth based on the approved budget for that year;

 

And further that the Mayor and Clerk be authorized to execute the contract with Neptune Technology Group (Canada) Ltd. in a form acceptable to the Town Solicitor.

 

 

(21)      089-R-04 INTERIOR FURNITURE FOR ANGUS GLEN
            COMMUNITY CENTRE AND LIBRARY (AGCC&L)
            (7.12 & 6.6 & 3.19)    Weblink

 

That the staff report entitled “089-R-04 Interior Furniture for Angus Glen Community Centre and Library (AGCC&L)” be received;

 

That RFP 089-R-04 Interior Furniture for Angus Glen Community Centre and Library be split and awarded to the lowest priced proponents in the upset limits as listed below:

 

Part A - Angus Glen Community Centre

	Inclusive of GST and PST	Exclusive of GST and Inclusive of PST
Hauser	$  32,264.40	$  30,300.48
POI	$166,027.95	$155,921.90
Holmes and Brakel	$    1,687.05	$    1,584.36
Subtotal Part A	$199,979.40	$187,806.74

 

 

Part B - Angus Glen Library

	Inclusive of GST and PST	Exclusive of GST and Inclusive of PST
POI	$229,727.71	$215,744.29
Holmes and Brakel	$  49,093.42	$  46,105.12
Subtotal Part B	$278,821.13	$261,849.41
GRAND TOTAL Part A and Part B:	$478,800.53	$449,656.15

 

And that the Manager of Purchasing be authorized to negotiate with the recommended proponents for more favourable pricing;

 

And that funds for Interior Furniture for the Angus Glen Community Centre, Part A will be provided for in Angus Glen Community Centre 2002 Capital Budget, Account # 63 5350 4921 005 Furniture and Equipment Other;

 

And that funds for Interior Furniture for Angus Glen Library, Part B will be provided for in Angus Glen Community Centre 2002 Capital Budget, Account # 63 5350 4920 005, Furniture and Equipment Library;

 

And that the remaining funds in Angus Glen Community Centre 2002 Capital Budget, Account # 63 5350 4921 005, Furniture and Equipment Other will be applied to the acquisition of other furniture that are required but are not included in this RFP;

 

And that the remaining funds in Angus Glen Community Centre 2002 Capital Budget, Account # 63 5350 4920 005 Furniture and Equipment Library will be applied to the acquisition of other furnishings and equipment required for the operation of the Library;

 

And that the supply and delivery of FORTY (40) Herman Miller task chairs as specified in the RFP be excluded from the award and the Manager of Purchasing be authorized to negotiate a contract with the three authorized dealers in the Toronto area for the acquisition of FORTY (40) Herman Miller task chairs with an estimated value of $20,000 inclusive of taxes.

 

 

(22)      RIBFEST - APPLICATION FOR EXEMPTION
            TO NOISE CONTROL BY-LAW  (2.10)

 

That Markham Sunrise Rotary Club be granted an exemption from the Noise By-law for the Ribfest event to be held from July 9th to July 11th, 2004 at Markham Fairgrounds.

 

CARRIED

(Regional Councillor J. Heath abstained)

 

 

(23)      DARKNIGHTS NATIONALS - APPLICATION FOR
            EXEMPTION TO NOISE CONTROL BY-LAW  (2.10)

 

That Innovative Entertainment and Productions Inc. be granted an exemption from the Noise By-Law for the Darknights Nationals event to be held from July 17th to July 18th, 2004 at Markham Fairgrounds.

 

CARRIED

 

 

(24)      CATHOLIC CEMETERIES - ARCHDIOCESE OF TORONTO
(CCAT) 10TH LINE AND STEELES AVENUE, MARKHAM
CHRIST THE KING CEMETERY (8.1 & 6.3)

 

That the report entitled "Catholic Cemeteries - Archdiocese of Toronto", dated June 28, 2004 be received;

 

And that Council approve the final conveyance to the Town of the CCAT lands designated as Parts 3, 4, 5, 9 and 17 on Plan 65R-24320 and ORC lands shown as Part 3 on a draft plan to be deposited, including a provision for two temporary easements in favour of CCAT and ORC in a location and form that is subject to the approval of the Commissioner of Development Services and that staff be directed to take all steps and execute such documentation as necessary to give effect thereto.

 

(25)      OTHER COMMITTEE PROCEEDINGS
            - MINUTES OF FINANCE & ADMINISTRATIVE
            COMMITTEE MEETING – JUNE 28, 2004 (16.0)

 

That the Finance & Administrative Committee minutes dated June 28, 2004 be received and it be noted that Report No. 40, Clause (25), Item 28 was incomplete and was approved as follows:

 

            "28.      TENDER AWARD - 074-T-04
                        PAVEMENT MARKINGS (7.12.2) weblink

 

That the report titled “Tender Award – Pavement Markings” be received;

 

And that tender 074-T-04 Pavement Markings be awarded to the lowest acceptable bidder, Guild Electric Limited. in their unit prices (Appendix A) totalling an estimated $501,624.12 inclusive of 7% GST ($468,807.60 exclusive of GST) for a period of three years effective July 1, 2004

 

And that the expenditure for 2004, estimated at $167,208.04 inclusive of 7% GST ($156,269.20 exclusive of GST) be provided from the Operations Departments Operating Account # 700 505 5307.

 

And that the balance of funds in the estimated amount of $84,613.80 will be monitored and used as required in accordance with the Expenditure Control Policy and Purchasing By-law.

 

And that the following 2005 –2006 estimated costs (exclusive of GST) be provided for within the respective years’ budget submission for the Operations Department:

·        2005                                              $156,269.20

·        2006                                              $156,269.20

 

And further that the 2005 and 2006 budgets/purchase orders will be adjusted for growth (increase in kilometers of roadway requiring pavement markings) based on the approved budget for that year."

 

CARRIED

 

6(c)      REPORT NO. 41 - DEVELOPMENT SERVICES COMMITTEE

 

Council consented to table Report No. 41 and to separate Clauses (1), (6), (9), (18) and (20).

 

Moved by Councillor G. McKelvey

Seconded by Councillor A. Chiu

 

That Report No. 41 - Development Services Committee be received and adopted.

 

June 28, 2004

 

(1)        STREAM NAMES (10.0)

 

That the staff presentation regarding stream names be received;

 

And that Council authorize staff to proceed with the geographical names application to officially recognize Milne Creek;

 

And that Council authorize staff to proceed with the geographical names application to officially recognize Mount Joy Creek;

 

And that with respect to Burndenett Creek, staff bring forward a recommendation on a stream name based on further input from urban design and heritage staff and consultation with the community.

 

CARRIED

 

 

(2)        POST CIRCULATION RESPONSE - OAK RIDGES
MORAINE OFFICIAL PLAN AMENDMENT NO. 117 (10.3)    Weblink

 

That the staff report entitled “Post Circulation Response - Oak Ridges Moraine Official Plan Amendment”, dated June 28, 2004, be received;

And that staff continue to work with the Ministry of Municipal Affairs and Housing to finalize the Draft Decision to Official Plan Amendment No. 117 for approval by the Minister of Municipal Affairs and Housing;

 

And that Council endorse the recommended modifications as identified in Appendix ‘C’ to the staff report dated June 28, 2004, and that any further minor wording changes be subject to the approval of the Commissioner of Development Services;

 

And further that the Ministry of Municipal Affairs and Housing be asked to finalize approval of the Oak Ridges Moraine Zoning By-law.

 

(3)        IDENTIFICATION OF FUTURE HERITAGE 
CONSERVATION DISTRICT STUDY
AREAS: PUBLIC CONSULTATION  (10.8, 16.11)   Weblink

 

That the staff report entitled “Identification of future Heritage Conservation District Study Areas: Public Consultation”, dated June 28, 2004 be received;

 

And That the following communities, as shown on the maps attached as Appendix ‘A” to the staff report dated June 28, 2004, be identified as areas for consultation and future study to determine their suitability as future Heritage Conservation District Study Areas, and that properties in these areas be listed on the Markham Heritage Inventory as areas of special historic and cultural value and interest to the Town of Markham:

Locust Hill

Cedar Grove

Victoria Square

Box Grove

Almira

Dickson Hill

 

And That Council authorize the initiation of public information meetings to be held in each community (six in total) to consider the establishment of Heritage Conservation District Study Areas;

 

And that staff report back to Council regarding the results of the meetings, and any proposed Heritage Conservation District Study Area by-laws.

 

 

(4)        BUTTONVILLE HERITAGE CONSERVATION
            DISTRICT STUDYAND PLAN UPDATE
             - TERMS OF REFERENCE (10.8, 16.11)   Weblink

 

Moved by: Councillor A. Chiu

Seconded by: Regional Councillor J. Jones

 

That the Staff Report entitled “Buttonville Heritage Conservation District Study and Plan Update – Terms of Reference,” dated June 28, 2004, be received;

 

And that the Buttonville Heritage Conservation District Study and Plan Update – Terms of Reference, dated June 28, 2004 be endorsed;

 

And that Town staff be authorized to proceed with consultant selection and awarding of the study, in accordance with provisions in the Purchasing By-law 143-2000, with consultant fees to an upset limit of $15,500 (exclusive of GST) to be paid from Capital Budget Account No. 80-5399-3507-005;

 

And further that a Buttonville Heritage Conservation District Advisory Committee be created to assist in the Study, and be comprised of the following members:

 

- Ward Councillor (Dan Horchik)

- Regional Councillor (Deputy Mayor F. Scarpitti)

- 2 Members of Heritage Markham

- 2 Community representatives appointed by the local and regional Councillors

- 2 staff members from the Heritage Section

 

 

(5)        2026755 ONTARIO INC., 351 FERRIER STREET
BLOCKS 2 AND 3, PLAN 65M-2316
BUILDING CODE REQUIREMENTS (SC 03 113939)(10.6)   Weblink

 

That Council enact a by-law to deem Blocks 2 and 3, Registered Plan 65M-2316 not to be part of a registered plan of subdivision, and that staff take appropriate action as required under Section 50 of the Planning Act.

(By-law 2004-195)

 

 

(6)        HYDROGEN FUEL CELL DEMONSTRATION PROJECT (5.0)

 

That the presentation from Rogers Cable and Ballard Power Systems Inc. be received;

 

And that staff be authorized to pursue with Rogers Cable and Ballard Power Systems Inc. a pilot project for the installation of hydrogen fuel cells in the Cornell Community;

 

And the staff be authorized to submit with Rogers Cable and Ballard Fuel Cell Inc. an application to Industry Canada for funding under its Technology Partnership Program in a form satisfactory to the CAO and Town Solicitor;

 

And that staff report back with final details of the pilot project for Council's consideration and approval.

CARRIED

(Councillor J. Virgilio abstained)

 

 

(7)        MARKHAM CENTRE ENHANCED
            HOARDING PROGRAMME (10.8, 2.16)     Weblink

 

That the report dated June 28, 2004, entitled “Enhanced Hoarding Programme” be received;

 

And that lifestyle imaging and wordmark messaging be endorsed for use on enhanced construction hoarding as set out in this report;

 

And that Council endorse the Guidelines for Hoarding Signs, including the submission of a Sign Uniformity Plan, outlined in this report as the basis for permitting signage on hoarding;

 

And that staff be directed to draft a Hoarding Agreement for execution by developers who wish to participate in the enhanced hoarding programme;

 

And that a public meeting be held to discuss the amendments to the Sign By-law to introduce signs on hoarding, as addressed in the report dated June 28, 2004.

 

 

(8)        WEST CATHEDRAL COMMUNITY
             DESIGN PLAN (10.3)      Weblink

 

That the Development Services Commission Report dated June 28, 2004, entitled “West Cathedral Community Design Plan” be received;

 

And that the West Cathedral Community Design Plan, dated April 13, 2004, prepared by NAK Design Group be approved, subject to the following conditions:

 

·                    That the revisions set out in the revised “Concept Plan” (Figure 1 to the staff report dated June 28, 2004) be incorporated into the final Community Design Plan; and,

 

·                    That the Commissioner of Development Services be authorized to approve any additional changes and that they be incorporated into the Community Design Plan:

 

·       A revision to the plan to identify lands for a future northbound Highway 404 off-ramp    connecting links at Major Mackenzie Drive and Elgin Mills Road.

·       A revision to the plan to revise the location of the 404 overpass to the satisfaction of the Town of Markham and the City of Richmond Hill.

·      A revision to the plan to improve the residential/commercial (Community Amenity Area) interface at the south end of the plan on the Memorial Gardens, Barrowcrest Developments Inc. and Loblaws properties.

·      A revision to the plan to improve the interface between the Catholic School/park campus  and adjacent residential lands in the Memorial Gardens and Barrowcrest Developments Inc. lands.

·      A textual revision to the community design plan (located north of Elgin Mills Road) to support the preservation of the existing mature hedgerow on the Monarch Construction Lands along the northern property boundary.

·      A revision to the plan on the Monarch Construction Lands to include a north/south road connection to future development lands to the north.

·      A revision to the plan on the Monarch Construction Lands to adjust the road alignment for the employment lands to provide road frontage to the south end of woodlot A.

·      A revision to the “West Cathedral Open Space Study” to reflect town parkland dedication requirements on the “Slovak Greek Catholic Church Foundation” lands.

·      A revision to the text in the “Community Facilities/Parks” section of the community design plan which identifies specific facility upgrades in Victoria Square Community Park. 

 

·     The lands in the West Cathderal Community bounded by Victoria Square on the east, Elgin Mills Road on the south, the proposed north-south collector road on the west and the first east-west street proposed north of Elgin Mills road on the north be redesignated from Urban Residential Medium Density to Urban Residential Low Density.

 

And that all subdivision and other development applications within the West Cathedral Community be reviewed to ensure compliance with the Community Design Guidelines;

 

And that the Commissioner of Development Services be authorized to approve the West Cathedral Community Design Plan upon finalization of all revisions noted above, to the satisfaction of the Commissioner.

 

And that staff be directed to report back to the Development Services Committee on options to provide water services to Victoria Square houses.

 

 

(9)        LIBERTY DEVELOPMENT CORP.
(2015776 ONTARIO INC.)
PART OF LOT 10, CONCESSION 4, MARKHAM CENTRE
PRECINCT PLAN, DRAFT PLAN OF SUBDIVISION AND ZONING
BY-LAW AMENDMENT APPLICATIONS (SU 03 114556, ZA 02 119054)
(10.8)    Weblink

 

That the deputation by Barry Horosko of Bratten Partners, representing Liberty Development Corp., be received;

 

And that correspondence from Fred Darvish of Liberty Development Corporation, dated June 24, 2004, confirming acceptance of the conditions, as modified and discussed with staff, be received;

 

And that the draft By-law for Liberty Development Corporation, (2015776 Ontario Inc.) Zoning By-law Amendment (ZA 02 119054) be received.

 

And that the report dated June 28, 2004, entitled “Recommendation Report, Liberty Development Corporation (2015776 Ontario Inc.)” be received;

 

And that the Draft Plan of Subdivision (SU 03 114556) and Zoning By-law Amendment (ZA 02 119054) applications be approved and, that the Director of Planning be directed to issue draft approval once the Owner has complied with the requirement to enter into the agreement set out below restricting pre-sale of residential units;

 

And that prior to issuance of draft plan approval, the Owner shall enter into an agreement with the Town, which agreement shall be registered on title, committing not to enter into any agreements of purchase and sale with anyone, including individuals, other developers or builders, for any units within the plan area unless water allocation has been assigned by the Town and the Markham Centre Developers Group and available sewer capacity has been confirmed in writing by the Town and Region.  The Owner further agrees to save harmless the Town and Region from any claim or action as a result of water service and/or sewer capacity not being available when anticipated;

 

And that the Precinct Plan (Figure 5 of the staff report dated June 28, 2004) be approved subject to any changes resulting from revisions to the draft plan of subdivision;

 

And that the draft plan of subdivision prepared by Malone Given Parsons Ltd., identified as Project Number 02-1214, and attached as Figure 4 to the staff report dated June 28, 2004, be approved, subject to the conditions of Draft Plan Approval attached as Appendix ‘A’ to the staff report dated June 28, 2004, the execution of a comprehensive subdivision agreement and revisions to the draft plan including:

• changes required to reflect YRTP’s right-of-way requirements
• revisions to reflect the expanded park blocks
• reconfiguration of  development parcels abutting the park blocks
• appropriate corner roundings and day-light triangles
• Clegg Road and Cedarland Drive right-of-way requirements
• Access location and configuration to development blocks

 

And that Council enact the zoning by-law, including Hold (H) provisions, as discussed in this report and distributed under separate cover;

 

And that Council endorse, in principle, the Development Phasing Plan, subject to revisions, necessary, at the discretion of the Commissioner of Development Services, to reflect available servicing capacity, road and transit requirements; and that the applicant be requested to up-date the Warden West District Development Phasing Plan and revise the district targets to reflect Council’s approval, to the satisfaction of the Commissioner of Development Services;

 

And that the Owner be advised and acknowledge that there is no sanitary sewer capacity available to accommodate residential development at this time, and that the Town, in consultation with York Region, will not remove the Holding (H) provision appended to the zoning by-law or issue Site Plan approval for any residential block/building until such time as the Region confirms that there is available sanitary sewer capacity to accommodate the proposed development;

 

And that the Owner be advised and acknowledge that water capacity is limited to accommodate residential development at this time; that future water allocation, if any, will be granted at Site Plan approval stage for residential development, subject to Council receiving a letter from a Trustee appointed by the Markham Centre Developers Group supporting such allocation in the context of the overall water allocation to the Markham Centre Secondary Plan area; and, that the Town, in consultation with York Region, will not remove the Holding (H) provision appended to the zoning by-law or issue Site Plan approval for any residential block/building until such time as the Region confirms that there is available water capacity to accommodate the proposed development;

 

And that the release for registration of any phase of development will be subject to, among other matters:

 

• Availability of adequate water supply, sanitary sewer capacity and stormwater management facilities
• Adequacy of the existing and committed transportation infrastructure
• Enactment of an Area Specific Development Charges By-law
• Execution of a Development Phasing Agreement
• Implementation of the Unionville Traffic Management Plan, as applicable (through the Developers’ Group Agreement)
• Dedication of parkland (as applicable by phase)
• Incorporation of the requirements of an approved noise and/or vibration study
• Removal of the Holding provisions
• Site Plan Control Approval
• Implementation of the requirements of the Parking and Financial Strategy studies, as applicable
• Submission of a review of applicable Performance Measures for the release of each phase of the subdivision or each Site Plan Control application;

(By-law 2004-197)

 

CARRIED

 

 

(10)      RULAND PROPERTIES INC.,
            THE REMINGTON GROUP
            PART OF LOTS 8 & 9, CONCESSION 5, MARKHAM CENTRE
            PEER REVIEW AND DRAFT ZONING BY-LAW AMENDMENT
            (ZA.01-0113929) (10.5)    Weblink

 

That Appendix A to the staff report dated June 28, 2004, regarding the draft Zoning By-law

amendment by Remington Group (ZA.01-0113929), be received;

 

And that correspondence from Rudy Buczolits of the Remington Group, dated June 25, 2004, be received;

 

And that the report dated June 28, 2004, entitled "Recommendation Report, Ruland Properties Inc. (The Remington Group) Peer Review and Draft Zoning By-law Amendment" be received;

 

And that Council receive the comments from the Planning and Legal Consultants retained to undertake a peer review of the Draft Zoning By-law Amendment, as discussed in this report;

 

And that the Markham Centre Zoning By-law be enacted.

(By-law 2004-196)

 

 

(11)      MARKHAM CENTRE GREENLANDS
MASTER PLAN (10.8)   Weblink

 

That the report, dated June 28, 2004 entitled “Recommendation Report - Markham Centre Greenlands Master Plan”, be received;

 

And that the final report dated June 4, 2004 prepared by Schollen & Company Inc. entitled “Markham Centre Greenlands Master Plan Report”, be endorsed in principle as a complementary document to the Rouge Park Official Plan Amendment and the Markham Centre Secondary Plan;

 

And that staff be directed to proceed with the development of an implementation strategy;

 

And that staff report back on appropriate funding for the development of a Greenlands Implementation Strategy, to be considered in the Urban Design capital budget for 2005;

 

And further that staff be directed to continue to work with developers to establish appropriate and innovative approaches for the implementation of the Greenlands Master Plan as identified in the Greenlands Master Plan Report, Development Principles and Performance Measures for Markham Centre.

 

 

(12)      COR-LOTS DEVELOPMENTS LTD.,   
            NORTHEAST CORNER OF MARKHAM ROAD
            AND STEELES AVENUE EAST
            REZONING AND SITE PLAN APPLICATIONS TO PERMIT A
            STAND-ALONE FOOD STORE AND FUTURE RETAIL BUILDINGS
            (ZA.03-105639, SC.03-114802) (10.5, 10.6)   Weblink

 

That the deputation by Harry Froussios of Zelinka Priamo Ltd., representing the applicant, Cor-Lots Development Ltd., be received;

 

And that the draft Zoning By-law, to exempt the lands subject to zoning amendment application ZA.03-105639 from Interim Control By-law 2002-215, as amended, be enacted;

 

And that the zoning by-law amendment application (ZA. 03-105639) submitted by Cor-lots Developments Ltd to permit a 5,535m² food store and three future retail buildings at the northeast corner of Markham Road and Steeles Avenue, be approved;

 

And that the draft Zoning By-law be finalized and enacted;

 

And that the Site Plan application (SC. 03-114802) submitted by Cor-lots Developments Ltd to permit a 5,535m² food store and three future retail buildings at the northeast corner of Markham Road and Steeles Avenue, be approved subject to the following conditions:

 

1.      That the final site plan and elevation drawings be submitted to the satisfaction of the Commissioner of Development Services, and such drawings shall include the following revisions:

a.       any revisions required to implement the recommendations of the required traffic impact study and noise study;

b.      relocation of the third loading dock on the north side of the No Frills building; and

c.       revisions to ensure that the final elevations for Buildings ‘B’, ‘C’ and ‘D’ contain the following elements:

·        Main entrances for gateway buildings should be oriented towards the gateway feature;

·        Common cladding materials on all buildings;

·        A raised parapet above all customer entry doors;

·        Glazing over two-thirds of the street-facing elevations for Buildings ‘B’ and ‘C’;, and

·        Double glazed doors on the street-facing elevation.

 

2.      That a Landscape Plan, prepared by a Landscape Architect having O.A.L.A. membership, be submitted to the satisfaction of the Commissioner of Development Services, and such drawing shall include details for a landscaped public feature at the southwest corner of the site, and an upgraded landscape treatment along the Markham Road and Steeles Avenue frontages.

 

3.      That the Owner comply with all requirements of the Town and authorized public agencies, to the satisfaction of the Commissioner of Development Services.

 

4.      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 including the following:

a.       Provision for the payment by the Owner of all applicable fees, recoveries, development charges, parkland dedications and financial obligations related to applicable Developers Group Agreements;

b.      Submission of as-built drawings of the relocated watermain and sanitary forcemain within the Town easement adjacent to Markham Road;

c.       Provision of an easement over Part 2, Plan 65R-24442 to include the sanitary forcemain and watermain;

d.      Certification that the existing services are abandoned; 

e.       Implementation of any recommended mitigation measures identified in the noise study to the satisfaction of the Town; and

f.        Provision for contribution toward future landscape and median improvements along Markham Road in keeping with planned Regional improvements and the recommendations of the Markham Road Corridor Study regarding the creation of an urban streetscape (e.g., sidewalks, landscaping, paving, etc).

 

5.      And that the site plan approval shall lapse after a period of three years commencing June 28, 2004 in the event a site plan agreement is not executed within that period.

(By-laws 2004-198 and 2004-199)

 

 

(13)      YORK DOWNS GOLF & COUNTRY CLUB
AUXILIARY WATER SUPPLY SYSTEM FOR IRRIGATION
RESPONSE TO QUESTIONS (5.3)     Weblink

 

That the staff report dated June 28, 2004, entitled “York Downs Golf & Country Club, Auxiliary Water Supply System for Irrigation- Response to Questions” be received;

 

And that the taking of water from the York Downs Stormwater Management Pond for irrigation purposes be authorized subject to the York Downs Golf and Country Club entering into an agreement with the Town incorporating conditions and fees, to the satisfaction of the Town Solicitor and the Director of Engineering;

 

And that Mayor and Clerk be authorized to execute the above-noted agreement for the auxiliary water supply for irrigation purposes for the York Downs Golf and Country Club;

 

And that the Town of Markham request the Ministry of the Environment to reduce the York Downs Golf and Country Club’s Permit to Take Water accordingly.

 

 

(14)      IBM CANADA LIMITED, 3300 STEELES AVENUE EAST
NORTHWEST CORNER OF STEELES AVENUE AND VICTORIA
PARK AVENUE, OFFICIAL PLAN AND ZONING BY-LAW
AMENDMENTS AND SITE PLAN APPROVAL TO PERMIT
A NEW TOYOTA AUTOMOBILE DEALERSHIP
(OP 04 006802, ZA 04 006805, SC 04 006813) (10.3, 10.,5, 10.6)   Weblink

 

That the Official Plan amendment application (OP 04 006802) submitted by IBM Canada Limited on behalf of Don Valley North Automobile Inc. for lands at the northwest corner of Steeles Avenue East and Victoria Park Avenue, be approved and the draft Official Plan amendment be finalized and adopted;

 

That the Zoning By-law amendment application (ZA 04 006805) to amend By-law 108-81, as amended, submitted by IBM Canada Limited on behalf of Don Valley North Automobile Inc. to permit a automobile sales and service uses, be approved and the draft Zoning By-law amendment be finalized and enacted;

 

That the Site Plan application (SC 04 006813) submitted by IBM Canada Limited on behalf of Don Valley North Automobile Inc. to permit a automobile dealership at the northwest corner of Steeles Avenue East and Victoria Park Avenue, be approved subject to the follow conditions:

 

1. That the final site plan and elevation drawings be submitted to the satisfaction of the Commissioner of Development Services;

 

2. That a Landscape Plan, prepared by a Landscape Architect having O.A.L.A. membership, be submitted to the satisfaction of the Commissioner of Development Services;

 

3. That the Owner comply with all requirements of the Town and authorized public agencies, to the satisfaction of the Commissioner of Development Services;

 

4. 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 including the following:

 

a.                            Provision for the payment by the Owner of all applicable fees, recoveries, development charges, parkland dedications and financial obligations related to applicable Developers Group Agreements;

 

b.                            Garbage shall be stored internally to the satisfaction of the Town’s Waste Management Department;

 

c.                            The Owner shall agree to implement and monitor on-site sediment and erosion control measures during construction of this development, as per “Ontario Guidelines on Erosion and Sediment Control for Urban Sites” to the satisfaction of the Director of Engineering,; and

 

d.                            The Owner shall install a spill control devise on this property and carry out yearly maintenance in accordance to manufacture’s recommendations.  The Owner agrees to allow the Town access to this site to conduct inspections to ensure that the spill control devise is being maintained.

 

5. The Owner shall obtain approval from the City of Toronto prior to commencing any work on the Steeles Avenue East road allowance;

 

6. The Owner shall submit to the Engineering Department for approval, site servicing and grading drawings, municipal service connections details, and a storm water management report, prior to the building permit stage.  Drawings are to be prepared and stamped by a Professional Engineer with a Certificate of Authorization from Professional Engineers of Ontario;

 

7. The Owner shall pay to the Town of Markham for the cost to improve the capacity of the sanitary sewer system, in order to accommodate this development;

 

8. The Owner shall apply for a Top Soil Removal Permit prior to stripping or removal of any topsoil from the site; and

 

9. The site plan approval shall lapse after a period of three years commencing June 28, 2004 in the event a site plan agreement is not executed within that period.

(By-laws 2004-200 and 2004-201)

 

 

(15)      PARKING SITUATION AT ALMA WALKER PARK (5.12.4)

 

That the update by staff and the Ward Councillor regarding parking congestion around the soccer fields at Alma Walker Park, be received.

 

(16)      SENECA COLLEGE OF APPLIED ARTS AND TECHNOLOGY
10 ALLSTATE PARKWAY, ZONING BY-LAW AMENDMENT
TO PERMIT A COMMUNITY COLLEGE (ZA 03 118868) (10.5)

 

That the deputation by Jason Park in opposition to the Zoning By-law Amendment, File ZA 03 118868, submitted by Seneca College of Applied Arts and Technology, be received;

 

And that the Development Services Commission report dated June 1, 2004 entitled “Preliminary Report, Application by Seneca College of Applied Arts and Technology for a Zoning By-law Amendment to Permit a Community College at 10 Allstate Parkway (File Number ZA 03 118868)” be received;

 

And that the Record of the Public Meeting held on June 28, 2004 with respect to the proposed amendments to By-law 165-80 be received;

 

And that the application by Seneca College of Applied Arts and Technology to amend the By-law be approved, subject to a Holding provision being added to the zoning;

 

And that the proposed amendments to By-law 165-80 be enacted without further notice;

 

And further that the Site Plan application come back to Development Services Committee for approval.

(By-law 2004-202)

 

 

(17)      BRANSTONE ESTATES INC. (GREENPARK HOMES)
            BLOCKS 72, 73, AND 75, BERCZY VILLAGE COMMUNITY
            ZONING BY-LAW AMENDMENT FOR CONDOMINIUM TOWNHOUSES
            (ZA 04 006288) (10.5)

 

That the report from the Development Services Commission report dated March 23, 2004 entitled “Branstone Estates Inc. (Greenpark Homes) Re Applications For Zoning By-law and Site Plan Approval For Condominium Townhouses (Blocks 72, 73 and 75 Plan 65M-3719)” be received;

 

And that the Record of the Public Meeting held on June 28, 2004 with respect to the proposed amendments to By-law 177-96 as amended, be received;

 

And that the application by Branstone Estates Inc. (Greenpark Homes) to amend By-law 177-96 as amended, be approved;

 

And that the proposed amendment to By-law 177-96 as amended, be enacted without further notice.

 

(18)      EUGENIO GARRITANO AND ALFIO FOTI
355-357 MAIN STREET MARKHAM NORTH
ZONING BY-LAW AMENDMENT AND SITE PLAN APPROVAL
TO CONSTRUCT SINGLE AND SEMI-DETACHED DWELLINGS
(ZA 04 010190) (10.5, 10.6)

 

That the deputation by June Chuang in opposition to the Zoning By-law Amendment

File ZA 04 010190, submitted by Eugenio Garritano and Alfio Foti to construct single-family dwellings at 355-357 Main Street Markham North, be received;

 

And that the Development Services Commission report dated May 18, 2004 entitled “Eugenio Garritano and Alfio Foti, Application for Zoning By-law Amendment to allow the development of 1 freehold semi-detached residential building, 2 new single detached residential buildings (4 new residential units in total) and to retain and restore the existing heritage dwelling as a single-detached dwelling at its existing location, 355-357 Main Street North, Markham Village Heritage Conservation District (ZA 04 010190)”, be received;

 

And that the Record of the Public Meeting held on June 28, 2004 with respect to the proposed amendment to By-law 1229 as amended, be received;

 

And that the application by Eugenio Garritano and Alfio Foti for an amendment to By-law 1229, be approved;

 

And that the proposed amendment to By-law 1229, as amended, be enacted.

 

CARRIED

(Councillor J. Virgilio abstained)

 

 

(19)      TOWN-INITIATED OFFICIAL PLAN AND
            THE CATHEDRAL COMMUNITY SECONDARY PLAN (OPA 42),
            TO INCORPORATE THE WOODBINE AVENUE BY-PASS
            AND OTHER TECHNICAL REVISIONS (OPA 01 118128) (10.3)

 

That the deputations by Graeme and Margaret Anne Robb and Professor Michael Kusner regarding concerns for the Town-initiated Cathedral Community Secondary Plan (OPA 42) to incorporate the Woodbine Avenue By-pass and other technical revisions, be received;

 

And that the Development Services Commission information report dated June 1, 2004 entitled “Preliminary Report - Staff-initiated amendments to the Markham Official Plan and the Cathedral Community Secondary Plan (OPA 42) to incorporate the Woodbine Avenue By-pas and other technical revisions (File OPA 01 118128)” be received;

 

And that the Record of the Public Meeting held on June 28, 2004 with respect to the proposed amendments to the Markham Official Plan (Revised 1987) and Secondary Plan PD 39-1 for the Cathedral Community (OPA 42) be received;

 

And further that the draft amendment the Markham Official Plan (Revised 1987) and Secondary Plan PD 39-1 for the Cathedral Community, as amended, be adopted and referred to the Region of York for approval.

(By-law 2004-203)

 

 

(20)      OTHER COMMITTEE PROCEEDINGS
            - MINUTES OF DEVELOPMENT SERVICES
            COMMITTEE MEETING – JUNE 28, 2004 (16.0)

 

That the Development Services Committee minutes dated June 28, 2004 be received;

 

And that Item 41 regarding Forest Bay Homes Ltd. rezoning application for Phase 5 and 6 of the Villages of Fairtree Community be amended to delete the recommendation in its entirety and the following be substituted therefor:

           

            FOREST BAY HOMES LTD.
            NORTHEAST CORNER OF MARKHAM ROAD AND STEELES AVE.
            REZONING APPLICATION FOR PHASE 5 AND PHASE 6 OF
            THE VILLAGES OF FAIRTREE COMMUNITY (ZA 04 015117) (10.5)

 

"That the Development Services Commission report dated June 1, 2004, entitled "Preliminary Report, Forest Bay Homes Ltd. Rezoning Application for Phase 5 and Phase 6 of the Villages of Fairtree Community at the northeast corner of Markham Road and Steeles Avenue (ZA04-015117)" be received;

 

And that the Record of the Public Meeting held on June 28, 2004, with respect to the proposed amendments to By-law 90-81 be received;

 

And that the application by Forest Bay Homes Ltd. to amend By-law 90-81 be approved;

 

And further that the proposed amendment to By-law 90-81 be enacted without further notice.

(By-law 2004-206)"

 

CARRIED AS AMENDED

(See following motion to amend)

Regional Councillor J. Heath abstained (Item 37)

Councillor J. Virgilio abstained (Item 20)

 

            Moved by Councillor G. McKelvey

            Seconded by Councillor A. Chiu

 

            That Clause 20 (Item 41), Report No. 41 to:

 

            "That the Development Services Commission report dated June 1, 2004 entitled “Preliminary Report, Forest Bay Homes Ltd. Rezoning Application for Phase 5 and Phase 6 of the Villages of Fairtree Community at the northeast corner of Markham Road and Steeles Avenue (ZA 04 015117)” be received;

 

            And that the Record of the Public Meeting held on June 28, 2004 with respect to the proposed amendments to By-law 90-81 be received;

 

And further that the application by Forest Bay Homes Ltd. to amend By-law 90-81 be referred back to staff for a report and recommendation."

 

be amended to delete the recommendation in its entirety and the following be substituted therefor:

 

"That the Development Services Commission report dated June 1, 2004, entitled "Preliminary Report, Forest Bay Homes Ltd. Rezoning Application for Phase 5 and Phase 6 of the Villages of Fairtree Community at the northeast corner of Markham Road and Steeles Avenue (ZA04-015117)" be received;

 

And that the Record of the Public Meeting held on June 28, 2004, with respect to the proposed amendments to By-law 90-81 be received;

 

And that the application by Forest Bay Homes Ltd. to amend By-law 90-81 be approved;

 

And further that the proposed amendment to By-law 90-81 be enacted without further notice.

(By-law 2004-206)"

 

CARRIED

 

7.         MOTIONS

 

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

 

(1)        CONDEMNATION OF VIOLENCE AND HATE CRIMES (12.2.6)

 

Moved by Councillor E. Shapero

Seconded by Councillor A. Chiu

 

That the Town of Markham strongly condemns the recent anti-Semitic violence and hate crimes committed against the Jewish Community in the Town of Markham;

 

And that the Town of Markham upholds the rights of all residents living in the Town;

 

And that such acts of violence and hate will not be tolerated by Council of the Town of Markham;

 

And that Council authorize staff to consult with York Regional Police and the Markham Race Relations Committee to immediately develop an educational communication plan to address hate crimes in Markham;

 

And that the educational and communication plan be reviewed and approved by Mayor D. Cousens and Deputy Mayor F. Scarpitti as Chair of the Communications Committee during the summer recess;

 

And that Council immediately issue a press release in conjunction with York Regional Police condemning the recent hate crimes in Markham, focusing on the information hotline, and letting local residents know what they can do to help with the investigation and to stop future incidents from occurring.

 

CARRIED

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

 

 

(2)        HYDRO ONE TRANSMISSION CORRIDOR
            PROPOSAL (13.8)

 

Moved by Councillor E. Shapero

Seconded by Deputy Mayor F. Scarpitti

 

That the 591 resident letters and additional 560 petition signatures in objection to the Hydro One transmission corridor proposal be received.

 

CARRIED

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

 

(3)        HYDRO ONE TRANSMISSION CORRIDOR
            PROPOSAL (13.8)

 

Moved by Deputy Mayor F. Scarpitti

Seconded by Regional Councillor J. Heath

 

That the request from Mr. Lawrence Smith for the Town to advise the community of EMF dangers and for the Town to pass by-laws in this regard be referred to the Hydro One Task Force to take action and bring forward a recommendation.

 

CARRIED

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

 

 

(4)        HYDRO ONE TRANSMISSION CORRIDOR
            PROPOSAL (13.8)

 

Moved by Regional Councillor J. Jones

Seconded by Councillor J. Webster

 

That the presentation by Ms. Sue Fusco be received and her request for a portion of the Task Force funding be allotted to S.T.O.P. now to defray its legal fees be referred to the Hydro One Task Force.

 

CARRIED

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

 

 

 

8.         COMMUNICATIONS

 

Council consented to add Communications No. 98-2004 and 99-2004.

 

Moved by Councillor A. Chiu

Seconded by Regional Councillor J. Jones

 

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

 

Received

93-2004           John Gerretsen, Minister Responsible for Seniors - Forwarding information and a request for nomination of a senior for the 2004 Senior Achievement Award Program. (13.2)

 

94-2004           City of Vaughan - Forwarding a resolution to re-affirm its intention to have Special Constables employed by the Corporation. (13.5.2)

 

95-2004           Minister of Municipal Affairs and Housing - Forwarding a response for the Town of Markham's resolution regarding Bill 26, the proposed Strong Communities (Planning Amendment) Act, 2004 and Bill 27, the proposed Greenbelt Protection Act, 2004. (10.0 & 13.2)

 

 

Referred to all Members of Council

96-2004           Liquor Licence Application - Request to complete the Alcohol and Gaming Commission Municipal Information Form for Sai Krupa Delhi Palace, 9255 Woodbine Avenue, Unit No. 12 (indoor & outdoor). (3.21)

 

97-2004           Shangri-La Banquet & Convention Centre - Forwarding a request for approval to temporarily extend the Adult Concert & Dance to their outdoor facility at 50 Esna Park Drive on August 22, 2004 from 9:30 p.m. to 3:00 a.m. to facilitate the temporary extension of their liquor licence by the Alcohol and Gaming Commission of Ontario. (3.21)

 

 

Referred to Commissioner of Development Services

98-2004           Donald C. Hindson, Cattanach Hindson Sutton VanVeldhuizen - Advising that while Markham Union Temple Corporation has no objections to adding Business and Professional Offices as an added use for 55 Albert Street, they would take strong objection to the deletion of public school, private school and daycare centre uses approved by the Ontario Municipal Board as recently as July, 2003. (10.3, 10.5 & 10.6)
(By-laws 2004-181 and 2004-182)

 

Referred to the Hydro One Task Force

99-2004           Patricia and Carmel Marino forwarding comments and material in objection to the Hydro One Transmission Corridor proposal. (13.8)

 

CARRIED

 

 

9.         PROCLAMATIONS

 

Council consented to add Proclamation (1).

 

(1)        PROCLAMATIONS (3.4)

 

Moved by Deputy Mayor F. Scarpitti

Seconded by Councillor J. Webster

 

That the following be proclaimed in the Town of Markham:

- Drink a Cup of Tea for Health Week - October 17 to 23, 2004.

 

CARRIED

 

10.       BY-LAWS

 

Council consented to add By-laws 2004-193 to 2004-206.

 

Moved by Deputy Mayor F. Scarpitti

Seconded by Regional Councillor J. Jones

 

That By-laws 2004-177 to 2004-180 and 2004-183 to 2004-201 and 2004-203 to 2004-204 and 2004-2006 be given three readings and enacted.

 

Three Readings

 

BY-LAW 2004-177    A by-law to designate part of a certain plan of subdivision not subject to Part Lot Control (Warris Holdings Ltd., north of Ian Baron Drive and south of South Unionville Avenue, Blocks 6, 8, 10, 11 and 13, Plan 65M-3756).

 

BY-LAW 2004-178    A by-law to designate part of a certain plan of subdivision not subject to Part Lot Control (Warris Holdings Ltd., south of South Unionville Avenue and northwest corner of Ian Baron Drive and Ray Street, Blocks 5 and 8, Plan 65M-3755).

 

BY-LAW 2004-179    A by-law to designate part of a certain plan of subdivision not subject to Part Lot Control (Wismerlin Development Corporation, Fred McLaren Boulevard, west of McCowan Road, Lots 31 to 33, 39 to 42, 47 to 50, 54 to 58 and 65 to 69, Plan 65M-3611).

 

BY-LAW 2004-180    A by-law to amend Zoning By-law 2150, as amended (Catholic Cemeteries Archdiocese of Toronto, 8361 Yonge Street - To remove the (H) Hold provision).

 

 

Moved by Councillor G. McKelvey

Seconded by Councillor J. Webster

 

That By-laws 2004-181 to 2004-182 be given three readings and enacted.

 

Three Readings

 

BY-LAW 2004-181    A by-law to adopt Official Plan Amendment No. 121 (Veredex Capital Corporation, 55 Albert Street - To permit the conversion of the former Markham Village High School to office use).
(Clause 8, Report No. 37, 2004)

 

BY-LAW 2004-182    A by-law to amend Zoning By-law 1229, as amended (Veredex Capital Corporation, 55 Albert Street - To permit the conversion of the former Markham Village High School to office use).
(Clause 8, Report No. 37, 2004)

CARRIED

 

BY-LAW 2004-183    A by-law to adopt Official Plan Amendment No. 122 (Forest Bay Homes Ltd., northwest corner of Markham Road and Denison Street - To permit a gas station and drive-through restaurant).
(Clause 3, Report No. 33, 2004)

 

BY-LAW 2004-184    A by-law to amend Interim Control By-law 2002-215, as amended by By-law 2003-208 (Forest Bay Homes Ltd., northwest corner of Markham Road and Denison Street - To exempt the subject lands from Interim Control By-law 2002-215, as amended to permit the development of a gas station, car wash, and restaurant).
(Clause 3, Report No. 33, 2004)

 

BY-LAW 2004-185    A by-law to amend Zoning By-law 90-81, as amended (Forest Bay Homes Ltd., northwest corner of Markham Road and Denison Street - To permit the development of a gas station, car wash and restaurant).
(Clause 3, Report No. 33, 2004)

 

BY-LAW 2004-186    A by-law to designate a property as being of Historic and/or Architectural Value or Interest (Udell Hamilton House & Lunau Barn).
(Clause 2, Report No. 27, 2004)

 

BY-LAW 2004-187    A by-law to amend Zoning By-law 177-96, as amended (Lindvest Properties (Cornell) Limited (H & R Developments), south of Highway 7 and east of 9^th Line - To update the development standards for draft approved plan of subdivision 19TM-02001).
(Clause 10, Report No. 2, 2004)

 

BY-LAW 2004-188    A by-law to amend Zoning By-law 304-87, as amended (16^th Avenue and McCowan Holdings Ltd., Phase 1, 19TM-02011, Part of Lot 17, Concession 7, Wismer Commons Community, north of 16^th Avenue and east of McCowan Road - To delete the subject area from By-law 304-87, incorporate it into Urban Expansion Area By-law 177-96 to permit the development of 1 single detached lot within a draft approved plan of subdivision 19TM-02011).

 

BY-LAW 2004-189    A by-law to amend Zoning By-law 177-96, as amended (16^th Avenue and McCowan Holdings Ltd., Phase 1, 19TM-02011, Part of Lot 17, Concession 7, Wismer Commons Community, north of 16^th Avenue and east of McCowan Road - To permit the development of 1 single detached lot within a draft approved plan of subdivision 19TM-02011).

 

BY-LAW 2004-190    A by-law to amend Zoning By-law 304-87, as amended (Wismer Markham Developments Inc. Phase 2B, 19TM-02008, Part of Lots 18, 19 & 20, Concession 7, Wismer Commons Community - west of Highway 48, north of Bur Oak Avenue - To delete the subject area from By-law 304-87, incorporate it into Urban Expansion Area By-law 177-96 to permit the development of 2 single detached and 6 semi-detached residential lots within a draft approved plan of subdivision 19TM-02008).

 

BY-LAW 2004-191    A by-law to amend Zoning By-law 177-96, as amended (Wismer Markham Developments Inc. Phase 2B, 19TM-02008, Part of Lots 18, 19 & 20, Concession 7, Wismer Commons Community - west of Highway 48, north of Bur Oak Avenue - To permit the development of 2 single detached and 6 semi-detached residential lots within a draft approved plan of subdivision 19TM-02008).

 

BY-LAW 2004-192    A by-law to confirm the proceedings of the Council meeting of June 30 and July 1, 2004.
(Council Meeting No. 15, 2004)

 

BY-LAW 2004-193    A by-law to authorize the execution of the necessary partial release and abandonment of the watermain easement registered on title to entire townhouse blocks being Blocks 66 and 67, Plan 65M-3613.
(Clause 3, Report No. 40, 2004)

 

BY-LAW 2004-194    A by-law to authorize the execution of an Access and Site Works Agreement between Larkin-Monarch Partnership and the Town of Markham to implement the Glenburn Forest Pond Restoration Project over Town owned lands legally described as Parts 8 and 42 on Plan 65R-22455.
(Clause 6, Report No. 40, 2004)

 

BY-LAW 2004-195    A by-law to deem certain lands not to be a registered plan of subdivision for the purposes of subsection 50(3) of the Planning Act (2026755 Ontario Inc., 351 Ferrier Street, Blocks 2 and 3, Plan 65M-2316).
(Clause 5, Report No. 41, 2004)

 

BY-LAW 2004-196    A by-law to permit the development of residential, retail, office, institutional and open space uses in Markham Centre (Markham Centre By-law - Ruland Properties Inc., The Remington Group, Part of Lots 8 and 9, Concession 5).
(Clause 10, Report No. 41, 2004)

 

BY-LAW 2004-197    A by-law to amend Markham Centre By-law 2004-196 (Liberty Development Corp. (2015776 Ontario Inc.), Part of Lot 10, Concession 4 - To permit development of an office building and a number of apartment buildings in Markham Centre in accordance with the provisions of the Markham Centre By-law).
(Clause 9, Report No. 41, 2004)

 

BY-LAW 2004-198    A by-law to amend Interim Control By-law 2002-215, as amended by By-law 2003-208 (Cor-Lots Developments Ltd. (Forest Bay Homes Ltd.), northeast corner of Markham Road and Steeles Avenue East - To permit a stand-alone food store and future retail buildings).
(Clause 12, Report No. 41, 2004)

 

BY-LAW 2004-199    A by-law to amend Zoning By-law 90-81, as amended (Cor-Lots Developments Ltd. (Forest Bay Homes Ltd.), northeast corner of Markham Road and Steeles Avenue East - To permit a stand-alone food store and future retail buildings).
(Clause 12, Report No. 41, 2004)

 

BY-LAW 2004-200    A by-law to adopt Official Plan Amendment No. 124 (IBM Canada Limited, Toyota Don Valley North Automobile Inc., 3300 Steeles Avenue East - To permit one automobile sales and services establishment and an accessory automobile washing facility).
(Clause 14, Report No. 41, 2004)

 

BY-LAW 2004-201    A by-law to amend Zoning By-law 193-81, as amended (IBM Canada Limited, Don Valley North Automobile Inc., 3300 Steeles Avenue East - To permit one automobile sales and services establishment and an accessory automobile washing facility).
(Clause 14, Report No. 41, 2004)

 

Moved by Deputy Mayor F. Scarpitti

Seconded by Regional Councillor J. Jones

 

That By-law 2004-202 be given three readings and enacted.

 

Three Readings

 

BY-LAW 2004-202    A by-law to amend Zoning By-law 165-80, as amended (Seneca College of Applied Arts and Technology, 10 Allstate Parkway - To permit a Community College).
(Clause 16, Report No. 41, 2004)
                                                                                                    CARRIED
                                                            (See following recorded vote) (9:3)

YEAS:             Mayor D. Cousens, Regional Councillor J. Heath, Regional Councillor B. O'Donnell, Councillor S. Daurio, Councillor J. Virgilio, Councillor G. McKelvey, Councillor J. Webster, Councillor D. Horchik, Councillor A. Chiu. (9)

NAYS: Deputy Mayor F. Scarpitti, Regional Councillor J. Jones, Councillor E. Shapero. (3)

ABSENT:        Councillor K. Usman.

 

BY-LAW 2004-203    A by-law to adopt Official Plan Amendment No. 123 (Town-initiated Cathedral Community Secondary Plan (OPA 42) to incorporate the Woodbine Avenue By-pass and other technical revisions).
(Clause 19, Report No., 41, 2004)

 

BY-LAW 2004-204    A by-law to amend By-law 2003-276, being a by-law to impose fees or charges for services or activities provided or done by the Town of Markham (Recreation & Culture guides advertising rates for 2004.
(Clause 3, Report No. 35, 2004)

 

Moved by Deputy Mayor F. Scarpitti

Seconded by Regional Councillor J. Jones

 

That By-law 2004-205 be given three readings and enacted.

 

Three Readings

 

 

BY-LAW 2004-205    A by-law to repeal By-law 71-91 (OPA No. 97 to the 1976 Official Plan) and Zoning By-law 72-91, both regarding Group Homes.
(Committee of the Whole Motion - June 30, 2004)
                                                                                                CARRIED
                                                       (See following recorded vote) (10:2)

YEAS: Mayor D. Cousens, Regional Councillor J. Heath, Regional Councillor B. O'Donnell, Councillor S. Daurio, Councillor E. Shapero, Councillor J. Virgilio, Councillor G. McKelvey, Councillor J. Webster, Councillor D. Horchik, Councillor A. Chiu. (10)

NAYS: Deputy Mayor F. Scarpitti, Regional Councillor J. Jones. (2)

ABSENT:        Councillor K. Usman.

 

BY-LAW 2004-206    A by-law to amend Zoning By-law 90-81, as amended (Forest Bay Homes Ltd., Villages of Fairtree Community, Phases 5 and 6, northeast corner of Markham Road and Steeles Avenue - To increase maximum lot coverage).
(Clause 20 (Item 41), Report No. 41, 2004)

 

CARRIED

 

11.       ADJOURNMENT

 

Moved by Councillor A. Chiu

Seconded by Councillor J. Webster

 

That the meeting do adjourn.

CARRIED

 

 

Council adjourned at 1:10 a.m.

 

 

 

 

 

 

 

 

___________________________________        ___________________________

PATRICIA MILLER, DEPUTY CLERK               DON COUSENS, MAYOR

(Signed)