2002-10-29 -7:00 p.m.

COUNCIL MINUTES  Council Chamber, Civic Centre

 

(Canada Room)

COMMITTEE OF THE WHOLE

 

ROLL CALL

Mayor D. Cousens, Deputy Mayor F. Scarpitti, Regional Councillor G. Landon, Regional Councillor T. Wong, Regional Councillor B. O'Donnell, Councillor S. Daurio, Councillor J. Virgilio, Councillor G. McKelvey, Councillor J. Heath, Councillor D. Horchik, Councillor K. Usman, Councillor A. Chiu. (12)

 

Regrets

Councillor E. Shapero. (1)

 

Moved by Regional Councillor B. O'Donnell

Seconded by Councillor K. Usman

 

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

 

1.   Markham Hydro Distribution Inc. Rate Increase (13.7)

2.   Region of York Installation of New Water Infrastructure & Additional Water Supply Delivery (13.4.3)

3.   Heritage Champions - Off-Track Betting, 144 Main Street Markham North (2.0)

4.   Appointments/Resignations - Frederick Horsman Varley Art Gallery Board (16.24)

5.   Markham District Energy Inc. Governance Issue (13.7)

 

CARRIED

 

The Regular Meeting of Council was held on October 29, 2002 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 G. Landon, Regional Councillor T. Wong, Regional Councillor B. O'Donnell, Councillor S. Daurio, Councillor J. Virgilio, Councillor G. McKelvey, Councillor J. Heath, Councillor D. Horchik, Councillor K. Usman, Councillor A. Chiu. (12)

 

Regrets

Councillor E. Shapero. (1)

 

STAFF

J. Livey, Chief Administrative Officer

J. Baird, Acting Commissioner of Development

   Services

S. Birrell, Town Clerk

A. Brown, Director of Engineering

B. Cribbett, Treasurer

J. Mascarin, Acting Town Solicitor

P. Miller, Acting Manager, Secretariat Services

B. Nanninga, Executive Assistant

J. Sales, Commissioner of Community & Fire

   Services

M. Scott, Executive Coordinator

A. Taylor, Commissioner of Corporate Services

 

 

1.         DISCLOSURE OF PECUNIARY INTEREST

 

Councillor J. Virgilio declared an interest with respect to By-law 2002-234 regarding the execution of an Agreement of Purchase and Sale between David Haldenby and Marie Jones and the Town of Markham, as he represents the owner, and did not take part in the consideration of or discussion of or vote on the question of the approval of such matter.

 

 

 

2.         REPORT OF THE COMMITTEE OF THE WHOLE

 

Moved by Councillor J. Virgilio

Seconded by Councillor A. Chiu

 

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

 

CARRIED

 

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

 

(1)        MARKHAM HYDRO DISTRIBUTION INC.
            RATE INCREASE (13.7)

 

That the presentation of Milan Bolkovic, President, and Robert Lyew, Vice-President Finance/Treasurer, Markham Hydro Distribution Inc., regarding the issue of the increase in hydro rates since 1999 and the impact on the average homeowner, be referred to the October 29, 2002 Council meeting.

 

 

(2)        REGION OF YORK - INSTALLATION OF NEW WATER
INFRASTRUCTURE AND ADDITIONAL WATER SUPPLY DELIVERY (13.4.3)

 

Whereas the Town of Markham and the Region of York in 1998 agreed to water allocation limits (18,000 units) for future residential growth;

 

And whereas in 1998 Regional infrastructure improvements (i.e. McCowan Road watermain and reservoir) and water supply were identified in order to provide additional water to the Town;

 

And whereas the Town of Markham and the Development industry have based their development plans on a late 2004/early 2005 schedule for the delivery of additional water from a Durham supply;

 

And whereas the Region of York has now advised that additional water supply will not be available until, at the earliest, February 2006;

 

Now therefore be it resolved that the Region of York be requested to fast track the installation of new water infrastructure and delivery of additional water supply by early 2005 and review the following alternatives/options to meet that date:

 

•     condense their current schedule for the McCowan watermain and reservoir

 

•     identify priority infrastructure projects that would redistribute water within the Region (i.e. reinforcing the Richmond Hill and Bayview pumping stations, etc.);

 

And that staff report back to Development Services Committee in late January 2003 with an update as to the infrastructure schedule;

 

And further that this resolution be forwarded to all municipalities in York Region.

 

 

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

 

That the request for an extension to the hours of operation of Heritage Champions for the 2002-2003 Hong Kong Races, be referred to the October 29, 2002 Council meeting.

 

 

(4)        APPOINTMENTS/RESIGNATIONS
            FREDERICK HORSMAN VARLEY ART GALLERY BOARD (16.24)

 

Frederick Horsman Varley Art Gallery Board

That the resignation of Fred Schaeffer from the Frederick Horsman Varley Art Gallery Board, be received with regret and a letter of appreciation be forwarded.

 

 

(5)        MARKHAM DISTRICT ENERGY INC.
            GOVERNANCE ISSUE (13.7)

 

That the Mayor and Clerk be authorized to execute an amendment to the Shareholder Declaration for Markham Energy Corporation, substantially in the form attached as Appendix 'A' to the original minutes on file in the office of the Town Clerk, so that:

 

1.      The Town will nominate directors for Markham District Energy Inc. and Markham Energy Corporation will appoint the directors nominated by the Town; and

 

2.      All matters regarding the management of Markham District Energy Inc. that would usually be determined by the Markham Energy Corporation Board will instead be determined directly by the Town;

 

And that the draft Revised and Restated Shareholder Declaration attached as Appendix 'A' to the original minutes on file in the office of the Town Clerk provide that:

 

1.      The Markham District Energy Board shall consist of six (6) directors of which two (2) shall be independent directors.

 

2.      The Markham District Energy Inc. Chair may be a member of Council.

 

 

*Moved by Regional Councillor F. Scarpitti

Seconded by Councillor K. Usman

 

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

 

CARRIED

______________________________________________________________________________

*          Amended by Council at its meeting held on November 12, 2002 to replace the words "Regional Councillor F. Scarpitti" with "Councillor D. Horchik".

 

 

 

3.         MINUTES

 

(1)        COUNCIL MEETING
            - OCTOBER 15, 2002

 

Council consented to separate Report No. 51 Clause No. 12(12).

 

Moved by Regional Councillor G. Landon

Seconded by Councillor A. Chiu

 

That the Minutes of the Council Meeting held on October 15, 2002, be adopted.

Carried

 

4.         PRESENTATIONS

 

Council consented to add Presentations (2) to (6).

 

(1)        ROUGE PARK HERITAGE AWARD
            AND URBAN HABITAT STEWARDSHIP AWARD (12.2.6)

 

Karen Boniface, Parks Planner, presented Council the Habitat Stewardship Award from Wildlife Habitat Canada, which was awarded jointly to the Town of Markham and the Toronto and Region Conservation Authority for stewardship and conservation leadership, specifically for the Milne Park restoration work.

 

Other awards received by Markham residents include:

 

      1)   "Rouge Park Heritage Award" for significant contribution to protecting, restoring and enhancing the natural ecosystem of the Rouge Park won by Karen Boniface, Town of Markham; Lesley Price, Milne Park Conservation Association; and Marchall Buchanan, Markham resident.

 

      2)   "Rouge Park River Keepers Award" celebrating private landowners using environmental best management practices on their property won by Debera Tomalty of IBM Software Lab, Markham and Don Crymble of Markham Green Golf Club, Markham.

 

 

(2)        AMENDMENT TO THE FENCE BY-LAW (10.0)

 

Linda Irvine, Manager, Parks and Open Space Planning, presented an overview of the proposed amendment (By-law No. 2002-239) to the Fence By-law No. 277-97 for the homes in the Cornell community that face onto the 9th Line across the Golden Jubilee Greenway and back onto either a lane or a local road.

 

 

(3)        TENTH ANNIVERSARY OF THE DEATH OF
            TONY ROMAN - TRIBUTE (12.2.6)

 

Council acknowledged the tenth anniversary of the death of former Mayor Anthony Roman (October 30, 1992) and paid tribute to his significant accomplishments and contributions to the community, the Board of Trade, and the development of the Anthony Roman Centre.

 

 

(4)        MAYOR'S KIDNEY FOUNDATION LUNCH (12.2.6)

 

Council announced the resounding success of the Mayor's Kidney Foundation Lunch held at the Hilton Suites on October 28, 2002.  It was attended by approximately 1100 people and earned in excess of $325,000.  Council congratulated Mayor Cousens and thanked everyone who contributed to the success.

 

(5)        VISIT OF PRINCESS ELETTRA MARCONI (12.2.6)

 

Council advised of the October 28, 2002 visit of Princess Elettra Marconi to Markham, as the high-tech capital of Canada.  She toured Lucente Technologies Inc. and attended a welcome reception at the Markham Civic Centre.

 

 

(6)        MARKHAM HYDRO DISTRIBUTION INC.
            RATE INCREASE (13.7)

 

Milan Bolkovic, President, and Mr. Robert Lyew, Vice-President, Finance, Markham Hydro Distribution Inc. were in attendance.  Mr. Bolkovic presented an overview of the increase in hydro rates since 1999 and the impact on the average homeowner.  Copies of his presentation will be provided.

 

 

 

5.         DELEGATIONS

 

Council consented to add Delegations (1) to (5).

 

(1)        Leslie Patterson, Heritage Champions, in support of her request to extend the hours of operation of Heritage Champions, 144 Main Street Markham North, for the 2002-2003 Hong Kong Races. (2.0)

 

(2)        Keith Thirgood, Old Markham Village Ratepayers Inc., expressing concerns and requesting the "need" be proven with respect to a request to extend the hours of operation of Heritage Champions, 144 Main Street Markham North. (2.0)

 

(3)        Martha Mingay, Mingay & Vereshchak, Barristers, Solicitors and Notary Public, expressing concern about the reason for the request to extend the hours of operation of Heritage Champions, 144 Main Street Markham North as a "special event" exception. (2.0))

 

(4)        A. R. Adams, 100 Southdale Drive, expressing concern about the request to extend the hours of operation of Heritage Champions, 144 Main Street Markham North, due to the precedent setting nature of the request and the potential for increased crime. (2.0)

 

(5)        Glenn Baron, 251 Helen Avenue, expressing concerns relating to the Town's financial requirements for his severance application for 251 Helen Avenue. (10.12 & 10.0)

 

 

 

6(a)      REPORT NO. 54 - FINANCE & ADMINISTRATIVE COMMITTEE

 

Council consented to separate Clauses (4), (7) & (8).

 

Moved by Councillor K. Usman

Seconded by Councillor J. Virgilio

 

That Report No. 54 - Finance & Administrative Committee be received and adopted.

 

October 21, 2002

 

(1)        MARKHAM HYDRO - ELECTRICITY RATES
            1999 - 2002 (13.7)

 

That the presentation by Mr. Milan Bolkovic, Chief Executive Officer, Mr. Robert Lyew, Vice-President, Finance, and Mr. Ed Benvenuto, Customer Service Manager, Markham Hydro, with respect to electricity rates - 1999 to 2002, be received;

 

And that Markham Hydro representatives be requested to provide details regarding increases in the hydro bills since 1999 for the average homeowner in Markham to the Committee of the Whole Meeting to be held on October 29, 2002.

 

 

(2)        2003 INTERIM SPENDING AUTHORITY (7.4 & 7.5)

 

That Council receive the report "2003 Interim Spending Authority" dated October 21, 2002;

 

And that Council approve pre-budget operating expenditures of up to 50% of the 2002 approved Operating Budget.

 

 

(3)        BY-LAW TO AUTHORIZE TEMPORARY BORROWING (7.0)

 

That a by-law be brought forward for Council approval to authorize the temporary borrowing, if required, of an amount not to exceed $70,900,000 from January 1, 2003 to September 30, 2003 and $35,450,000 from October 1, 2003 to December 31, 2003 to meet the current expenditures of the Corporation until taxes are collected and other revenues are received.

(By-law 2002-232)

 

 

(4)        CIVIC CENTRE ART ENHANCEMENT (12.2.6 & 6.5)

That the Director of The Frederick Horsman Varley Art Gallery of Markham be authorized to initiate and manage a program incorporating local artwork into key public spaces in the Town of Markham's Civic Centre to replace the current artwork leased through Visual Arts Ontario;

 

And that the Director be authorized to purchase artwork on an annual basis from artists practicing within the Town of Markham by redirecting the $2,000 annual rental fee the Town currently pays to Visual Arts Ontario to a fund designated to acquiring art for the Civic Centre;

 

And that following the conclusion of Visual Arts Ontario's final contract extension (to April 15, 2003), the Director be authorized to fill the vacated spaces at the Civic Centre with art by Town of Markham artists;

 

And that approval is received of the following basic criteria for selecting artwork intended for display at the Civic Centre:

 

      a.   Works should represent the efforts of artists practicing within the Town of Markham

      b.   A variety of art media and stylistic applications should be selected to appeal to a

broad range of aesthetic tastes (i.e. works on canvas balances with works on

paper, and a combination of both representational and abstract compositions)

c.   Artwork should be selected to complement the location in the Civic Centre in which it is to be installed (i.e. scale, media, and subject matter of the art should complement the architectural features of the space)

d.   Subject matter should befit a corporate ambiance and not reflect any evidence of pornography or violence

e.   Artwork should be placed in locations that maintain appropriate environmental conditions (i.e. works on paper should not be placed in direct sunlight, artwork should not be placed in direct proximity to sources of water, etc.)

f.    The installation of all work should adhere to the Town's regulated health and safety guidelines and pose no tangible public risk;

 

And that the Director be authorized to source and recommend the artwork intended for the Civic Centre based on the approved criteria for selecting such artwork and then seek one-step approval from a designated representative(s) for the Civic Centre;

 

And that the Director be authorized to assume the custodial role of managing the artwork on display at the Civic Centre, responsible for its selection, presentation, interpretation, conservation and storage, and will liase with the Civic Centre Coordinator as required, to ensure that appropriate property management practices, such as signage and labelling, etc. are followed;

 

And that approval is received to include the installation of expository labels for visitors to read in proximity to the works on display, listing information about the artists and their work;

 

And further that approval is received to commence introducing art enhancements in other community buildings within the Town of Markham (i.e. libraries, community centres, senior centres, etc.) by continuing to access the art purchase fund after the installation has been completed at the Civic Centre.

 

CARRIED AS AMENDED

(See following motion to amend)

 

            Moved by Regional Councillor T. Wong

            Seconded by Councillor S. Daurio

 

            That Clause (4) be amended to replace the words "Director/Curator" with the word "Director" in Paragraphs 1, 2, 3, 5 & 6.

 

CARRIED

 

 

(5)        TENDER AWARD - CONTRACT NO. 122-T-02
            WARDEN AVENUE WATERMAIN
            14TH AVENUE TO HIGHWAY 7 (7.12 & 5.4)

 

That the tender for the construction of the Warden Avenue watermain be awarded to the lowest qualified bidder, Mardav Construction Limited in the amount of $2,734,401.05 inclusive of 7% GST and contingencies ($2,632,180.45 inclusive of 3% GST and contingencies);

 

And that the Mayor and Clerk be authorized to execute the contract for the construction of the Warden Avenue watermain with Mardav Construction Limited;

 

And that Engineering Department staff be authorized to retain the consulting firm of MacViro Consultants to provide inspection and contract administration services during construction of the watermain at an upset limit of $97,498.40 inclusive of 7% GST and disbursements ($93,853.60 inclusive of 3% GST and disbursements);

 

And that Engineering Department staff be authorized to retain the geotechnical consulting firm of Geo-Canada to provide tunnel monitoring and geotechnical testing services during construction of the watermain at an upset limit of $32,148.15 inclusive of 7% GST and disbursements ($30,946.35 inclusive of 3% GST and disbursements);

 

And that project costs in the original budgeted amount of $2,100,000 be funded from the Engineering Department approved 2002 Capital Budget (project # 4727, account # 83-5350-4727-005);

 

And that pre-budget approval of the Engineering Department 2003 Capital Budget be granted for the balance of the project costs totalling approximately $900,000.00;

 

And that the total project costs be funded from the Markham Centre Area Specific Development Charge account;

 

And that the Finance Department be authorized to temporarily fund the project from alternative Development Charge sources in the event that the Markham Centre Area Specific Development Charge account does not contain sufficient funds;

 

And that the next update of the Town Development Charges By-Laws include the final value of the Warden Avenue watermain construct project;

 

And that the Mayor and Clerk be authorized to execute agreements with Hydro One Networks Inc., IBM Canada, Canadian National Railways Properties Inc., and the Ontario Realty Corporation in a form satisfactory to the Town Solicitor and the Chief Administrative Officer to acquire the easements necessary to construct the Warden Avenue watermain.

 

 

(6)        INTERNATIONAL MUNICIPAL LAWYERS' ASSOCIATION (IMLA)
            MR. STEVEN O'MELIA - FIRST RECIPIENT - CANADIAN
            SCHOLARSHIP FUND - (11.10 & 16.5)

That congratulations be extended to Mr. Steven O'Melia, Assistant Town Solicitor, on being chosen as the first recipient of the Canadian Scholarship Fund, which was established to provide an opportunity annually for a young Canadian lawyer to attend and present a paper on a municipal law topic at the Annual Conference of the International Municipal Lawyers' Association, being held in 2002 in Denver, Colorado, October 20 - 23.

 

 

(7)        VISIT OF PRINCESS ELETTRA MARCONI
            MONDAY, OCTOBER 29, 2002 (12.2.6 & 10.14)

That the name "Guglielmo Marconi Drive" be used as the name of a street in a future residential or commercial development within the Town of Markham, subject to consultation with the Region of York;

 

And that a special presentation of the street sign, "Guglielmo Marconi Drive", be made to Princess Elettra Marconi, the daughter of Guglielmo Marconi, at a reception being held in her honour at the Markham Civic Centre on Monday, October 28, 2002, between 5:00 p.m. and 6:30 p.m.

 

And further that every effort be made to name the street on which the monument is to be placed "Guglielmo Marconi Drive".

 

CARRIED AS AMENDED

(See following motion to amend)

 

            Moved by Councillor K. Usman

            Seconded by Councillor J. Virgilio

 

            That Clause (7) be amended to add the following paragraph:

 

            And further that every effort be made to name the street on which the monument is to be placed "Guglielmo Marconi Drive".

 

CARRIED

 

 

(8)        TAX SALE PROPERTY
            ROBINSON STREET REAR (7.3 & 8.7)

 

That the Treasurer proceed with the sale of the following property under the Municipal Tax Sales Act, R.S.O. 1990:

 

                                                                                                                        O/S Tax as of

Assessment Roll Number          Address                       Description                   Sept 2002

1936-040-280-21250              Robinson St.                 Vacant Land                 $18,292.38

 

And that the property be advertised for sale by public auction in accordance with the Municipal Tax Sales Act, R.S.O. 1990;

 

And that the Treasurer be authorized to accept any offer, which is a cash offer for a price equal to or exceeding the current outstanding taxes;

 

And that the Commissioner of Development Services be authorized to submit a bid at the auction.

 

 

(9)        OTHER COMMITTEE PROCEEDINGS
            - MINUTES OF FINANCE & ADMINISTRATIVE
            COMMITTEE MEETING – OCTOBER 21, 2002 (16.0)

 

That the Finance & Administrative Committee minutes dated October 21, 2002 be received.

 

CARRIED

 

6(b)      REPORT NO. 55 - DEVELOPMENT SERVICES COMMITTEE

 

Council consented to separate Clause (3).

 

Moved by Councillor G. McKelvey

Seconded by Regional Councillor T. Wong

 

That Report No. 55 - Development Services Committee be received and adopted.

 

October 22, 2002

 

(1)        THE BUTTONVILLE GENERAL STORE AND HOOD HOUSE
8971 WOODBINE AVENUE
DESIGNATION UNDER PART IV OF THE ONTARIO HERITAGE ACT(16.11.3)

 

That Heritage Markham's recommendation to designate the Hood House and Buttonville General Store at 8971 Woodbine Avenue under Part IV of the Ontario Heritage Act be approved;

 

And that the Clerks Department be authorized to:

-  publish and serve Council's Notice of Intention to Designate as per the requirements of the Act; and

- prepare the Designation By-law for this property.

 

 

(2)        THE WILLIAM CLARRY HOUSE, 9900 HIGHWAY 48
DESIGNATION UNDER PART IV OF THE ONTARIO HERITAGE ACT(16.11.3)

 

That Heritage Markham's recommendation to designate the William Clarry House at 9900 Highway 48 under Part IV of the Ontario Heritage Act be approved;

 

And that the Clerks Department be authorized to:

-  publish and serve Council's Notice of Intention to Designate as per the requirements of the Act; and

- prepare the Designation By-law for this property.

 

 

(3)        OTHER COMMITTEE PROCEEDINGS
            - MINUTES OF DEVELOPMENT SERVICES
            COMMITTEE MEETING – OCTOBER 22, 2002 (16.0)

 

That the Development Services Committee minutes dated October 22, 2002 be received.

 

CARRIED

 

 

6(c)      REPORT NO. 56 - TRANSPORTATION COMMITTEE

 

Council consented to add Report No. 56.

 

Moved by Regional Councillor G. Landon

Seconded by Regional Councillor F. Scarpitti

 

That Report No. 56 - Transportation Committee be received and adopted.

 

October 28, 2002

 

(1)        STEELES AVENUE/PACIFIC MALL TRAFFIC SIGNAL (5.14)

 

Whereas the Town sent a September 25, 2001 resolution to the City of Toronto supporting the installation of traffic signals on Steeles Avenue at the Pacific Mall Driveway and Redlea Avenue intersection;

 

And whereas the site plans and access arrangements for Pacific Mall and Market Village were approved based on the signalization of Redlea Avenue;

 

And whereas the City of Toronto recently approved the installation of temporary traffic control signals at Canadian Tire's east entrance on Steeles Avenue;

 

Now therefore be it resolved that the City of Toronto be advised that the Town strongly objects to signals at Canadian Tire, and requests installation of traffic control signals on Steeles Avenue at Redlea Avenue/Pacific Mall driveway as originally planned.

 

And further that it be resolved that both the Region of York and GO Transit be requested to support the Town of Markham's position in this matter;

 

And further that it be resolved that Regional Councillor Tony Wong be requested to make a deputation to the City of Toronto Council regarding this issue.

 

 

(2)        STATUS - WOODBINE AVENUE
AND HIGHWAY 407 INTERCHANGE (5.10)

 

And that the Director of Engineering be authorized to sign the October 25, 2002 Memorandum of Understanding with the Ministry of Transportation, 407 ETR, Ontario Realty Corporation and the Region of York for the opening of the eastbound Highway 407 ramp to Woodbine Avenue;

 

And that the Town of Markham's modified conceptual plan for the Woodbine Avenue/Miller Avenue/Burncrest Drive interchange be endorsed;

 

And that staff be authorized to close up and transfer the surplus Miller Avenue and Burncrest Drive rights-of-way in exchange for the rights-of-way for the new road alignment;

 

And that the Ministry of Transportation and 407 ETR have advised that the 407 eastbound ramp to Woodbine Avenue will be opened no later than December 31, 2002;

 

And that Markham Council urgently seeks the assistance and attention of Mr. Norman Sterling, Minister of Transportation and Mr. David Tsubouchi, M.P.P. Markham, to ensure every effort is made by the Ministry of Transportation, 407 ETR and Ontario Realty Corporation to open the southbound Woodbine Avenue to westbound Highway 407 ramp at the earliest opportunity;

 

And that the Honourable Ernie Eves, Premier of Ontario, the Honourable David Tsubouchi, M.P.P. Markham, and Mr. Bob Stephenson, Manager, Strategic Highways Management Office, Ministry of Transportation, be advised accordingly.

 

CARRIED

 

 

 

7.         MOTIONS

 

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

 

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

 

Moved by Councillor G. McKelvey

Seconded by Councillor K. Usman

 

That the report of the Town Clerk regarding an extension to the hours of operation of Heritage Champions for the 2002-2003 Hong Kong Races be received for information;

 

And that the minutes of the Public Information Meeting held on October 22, 2002 with respect to a request to extend the hours of operation of Heritage Champions off-track betting, 144 Main Street Markham North, be received as information;

 

And that the request for an extension to the hours of operation of Heritage Champions for the 2002-2003 Hong Kong Races, be denied.

CARRIED

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

(See following recorded vote) (8:4)

 

YEAS:             Mayor D. Cousens, Regional Councillor G. Landon, Regional Councillor B. O'Donnell, Councillor G. McKelvey, Councillor J. Heath, Councillor D. Horchik, Councillor K. Usman, Councillor A. Chiu. (8)

 

NAYS:             Deputy Mayor F. Scarpitti, Regional Councillor T. Wong, Councillor S. Daurio, Councillor J. Virgilio. (4)

 

ABSENT:        Councillor E. Shapero.

 

 

(2)        MR. GLENN BARON - FINANCIAL REQUIREMENTS
            SEVERANCE - 251 HELEN AVENUE (10.12 & 10.0)

 

Moved by Regional Councillor G. Landon

Seconded by Regional Councillor B. O'Donnell

 

That the deputation of Mr. Glenn Baron, 251 Helen Avenue, with respect to financial requirements relating to the severance application for 251 Helen Avenue, be received.

 

CARRIED

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

(See following Motion which was Lost)

 

            Moved by Regional Councillor F. Scarpitti

            Seconded by Councillor J. Virgilio

 

            That Mr. Glenn Baron's concerns and requests regarding the severance application for 251 Helen Avenue be referred back to Development Services and Legal staff for a report, within one month's time, on options of exempting one lot fronting on Helen Avenue, restricting the size of the severed lot and the costs involved.

 

LOST

(See following recorded vote) (4:8)

 

            YEAS:       Deputy Mayor F. Scarpitti, Regional Councillor T. Wong, Councillor J. Virgilio, Councillor J. Heath. (4)

 

            NAYS:       Mayor D. Cousens, Regional Councillor G. Landon, Regional Councillor B. O'Donnell, Councillor S. Daurio, Councillor G. McKelvey, Councillor D. Horchik, Councillor K. Usman, Councillor A. Chiu. (8)

 

            ABSENT:  Councillor E. Shapero.

 

 

(3)        ROUGE PARK HERITAGE AWARD
            AND URBAN HABITAT STEWARDSHIP AWARD (12.2.6)

 

Moved by Regional Councillor F. Scarpitti

Seconded by Regional Councillor G. Landon

 

That the leadership of Karen Boniface with respect to the Wildlife Habitat Canada, Habitat Stewardship Award, and the Rouge Park Heritage Award, be acknowledged with gratitude.

 

CARRIED

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

 

 

(4)        MARKHAM HYDRO DISTRIBUTION INC.
            RATE INCREASE (13.7)

 

Moved by Regional Councillor F. Scarpitti

Seconded by Councillor K. Usman

 

That the presentation of Milan Bolkovic, President, Markham Hydro Distribution Inc., regarding the issue of the increase in hydro rates since 1999 and the impact on the average homeowner, be received.

 

CARRIED

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

 

 

 

8.         COMMUNICATIONS

 

Council consented to add Communications 303-2002 to 304-2002.

 

Council consented to separate Communication 301-2002 and 302-2002.

 

Moved by Councillor A. Chiu

Seconded by Councillor K. Usman

 

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

 

Received

296-2002         Township of Pickle Lake - Forwarding a resolution petitioning the Government of Ontario to amend the act requiring fuel oil distributors to ensure their customers abide by the new and restrictive standards regarding their personal fuel holding tanks, fuel tank stands, fuel lines, furnaces and chimneys, to exempt existing installations. (13.5.2)

 

303-2002         Mingay & Vereshchak, Barristers, Solicitors and Notary Public - Forwarding concern about the reason for the request to extend the hours of operation as a "special event" exception. (2.0)

 

304-2002         Mr. Keith Thirgood, Old Markham Village Ratepayers Inc. - Forwarding objection and expressing concerns with respect to a request to extend the hours of operation of Heritage Champions off-track betting, 144 Main Street Markham North. (2.0)

 

 

Referred to all Members of Council

297-2002         Proclamation - World Town Planning Day - November 8, 2002. (3.4)

 

298-2002         Proclamation - Canadian HIV/AIDS Awareness Week - November 24 to December 1, 2002 and World AIDS Day - December 1, 2002. (3.4)

 

299-2002         Proclamation - Child Care Workers Appreciation Day - October 30, 2002. (3.4)

 

300-2002         Unionville BIA - Advising that the annual Unionville Olde Tyme Candlelight Parade will be held on December 6, 2002 from 5:30 p.m. to 11:00 p.m. and requesting permission to close:
- Main Street Unionville from south of Carlton Road to north of the railroad tracks (5:30 p.m. to 11:00 p.m.).
- Carlton Road from west of Chambery Crescent to south of Pomander Road (5:30 p.m. to 8:00 p.m.).
- Main Street Unionville from north of Carlton Road to south of Library Lane (5:30 p.m. to 8:00 p.m.)
(By-law 2002-233) (3.5)

 

 

Referred to Commissioner of Community Services and report back to Community Services Committee

301-2002         Ted Graham, Robin Banerjee, and Jackie Short & Mike Cavanagh - Forwarding objections and expressing concerns with respect to the secondary driveway at 26 Albert Street, owned by Mr. Wannop. (5.0 & 16.11)

 

 

Referred to Commissioner of Development Services

302-2002         Ontario Municipal Board - Forwarding decision to adjourn the appeals sine die pending completion of the Unionville Core Area Review with respect to the appeals submitted by Jack Valianes and Unionville Village Investments for Interim Control Zoning By-law 2002-20 (Main Street Unionville Core Area). (13.13 & 10.8)

 

CARRIED

 

 

 

9.         BY-LAWS

 

Council consented to separate By-law 2002-234 & 2002-239.

 

Moved by Councillor K. Usman

Seconded by Councillor J. Heath

 

That By-laws 2002-232 to 2002-240 be given three readings and enacted.

 

Three Readings

 

BY-LAW 2002-232    A by-law to authorize the temporary borrowing to meet the expenditures of the Town of Markham for 2003, until taxes are collected and other revenues are received.
(Clause 3, Report No. 54, 2002)

 

BY-LAW 2002-233    A by-law to authorize the closing of various roads in the Town of Markham on December 6, 2002 between 5:30 p.m. and 11:00 p.m. to facilitate the Olde Tyme Christmas Parade in Main Street Unionville.
(Communication No. 300-2002)

 

BY-LAW 2002-234    A by-law to authorize the execution of an Agreement of Purchase and Sale between David Haldenby and Marie Jones and the Town of Markham (Noble House, Lot 38, Plan 65M-2761).
(Clause 10, Report No. 51, 2002)               Councillor J. Virgilio abstained

 

 

 

BY-LAW 2002-235    A by-law to authorize the execution of an Agreement of Purchase and Sale between Kim Morgan and Chris Keeley and the Town of Markham (Brumwell House, Lot 11, 65M-2761, save and except Part 1, Plan 65R-24462).
(Clause 11, Report No. 51, 2002)

 

BY-LAW 2002-236    A by-law to designate a certain property as being of Historic and/or Architectural Value or Interest (Aldebarron - The Jim Murray House)
(Clause 10, Report No. 44, 2002)

 

BY-LAW 2002-237   A by-law to amend Zoning By-law 165-80, as amended (Angelico Investments Inc., Part Blocks A & C, Registered Plan 65M-4556 - To remove the (H) Hold provision)
(Council Meeting No. 18, 2002)

 

BY-LAW 2002-238    A by-law to designate part of a certain plan of subdivision not subject to Part Lot Control (Cornell - Beaverbrook Homes, Lot 60, Registered Plan 65M-3294, 6 and 8 Winkler's Lane)
(Council Meeting No. 18, 2002)

 

BY-LAW 2002-239    A by-law to amend Fence By-law 277-97 (homes in the Cornell community face onto 9th Line across the Golden Jubilee Greenway, and back onto either a lane (Milroy Lane or Winkler's Lane) or a local road (Pascoe Drive, Cornell Common Road or Riverlands Avenue).
(Clause 4, Report No. 52, 2002)

 

BY-LAW 2002-240    A by-law to confirm the proceedings of the Council meeting of October 29, 2002.
(Council Meeting No. 18, 2002)

 

CARRIED

 

 

 

10.       ADJOURNMENT

 

Moved by Councillor A. Chiu

Seconded by Councillor K. Usman

 

That the meeting do adjourn.

CARRIED

Council adjourned at 9:00 p.m.

 

 

 

 

 

 

_________________________________                  ____________________________________

TOWN CLERK                                                          MAYOR

 

(Signed)