2007-05-22

COUNCIL MINUTES Council Chamber, Civic Centre

Meeting No. 10

ROLL CALL

Mayor F. Scarpitti, Deputy Mayor J. Jones, Regional Councillor J. Heath, Regional Councillor T. Wong, Regional Councillor G. Landon, Councillor V. Burke, Councillor E. Shapero, Councillor J. Virgilio, Councillor C. Moretti, Councillor J. Webster, Councillor D. Horchik, Councillor L. Kanapathi, Councillor A. Chiu. (13)

The Regular Meeting of Council was held on May 22, 2007 at 7:00 p.m. in the Council Chamber, Civic Centre. Mayor F. Scarpitti presided.

STAFF

J. Livey, Chief Administrative Officer

J. Baird, Commissioner of Development Services

J. Sales, Commissioner of Community & Fire Services

A. Taylor, Commissioner of Corporate Services

S. Birrell, Town Clerk

K. Kitteringham, Deputy Clerk

C. Conrad, Town Solicitor

B. Cribbett, Treasurer

B. Nanninga, Executive Assistant

J. Wong, Technology Support Specialist

1. DISCLOSURE OF PECUNIARY INTEREST

None declared.

2. MINUTES

(1) COUNCIL MINUTES - MAY 8, 2007

Minutes

Moved by Councillor A. Chiu

Seconded by Councillor D. Horchik

That the Minutes of the Council Meeting held on May 8, 2007, be adopted.

CARRIED

3. PRESENTATIONS

(1) FEDERATION OF NORTH-AMERICAN EXPLORERS
ALSO KNOW AS FNE EXPLORERS - TIMBER WOLVES (12.2.6)

Council welcomed and recognized the Members of the Federation of North-American Explorers - Timber Wolves along with their Leader Mr. Paul Ritchi.

4. DELEGATIONS

Council consented to add Delegations (1) to (6).

(1) Jim Kirk, Partner, Malone Given Parsons Ltd., was in attendance on behalf of the applicant to respond to any questions or comments that may arise regarding the rezoning application submitted by 1685904 Ontario Inc. for 4600 Steeles Avenue East. (10.5)
(Other Business 6 & By-law 2007-98)

(2) Greg McCormick, Unionville BIA, addressed Council and spoke in support of the Special Event Notification Signage Guidelines. (10.0 & 2.16)
(Clause 2, Report No. 32, 2007)

(3) Tracy MacKinnon, Unionville BIA, addressed Council and spoke in support of the Special Event Notification Signage Guidelines. He indicated that his group is looking for gateway signage and has offered to pay for the sign. (10.0 & 2.16)
(Clause 2, Report No. 32, 2007)

(4) Ted Dentay, Canadian Mounted Brigade Group, addressed Council to seek relief from the Town’s Firearms By-law 323-86 for the 2007 North American Cavalry Challenge scheduled to take place during the Great Markham Stampede being held in Markham on May 25 and 26, 2007. Mr. Dentay indicated the historical event involves the firing of blank rounds from replica guns and that all provincial and federal legislation will be complied with. This event will take place inside of an enclosed arena.
(Motion 1)

(5) Roberto Vinluan, Milliken Mills East Ratepayers Association, addressed Council to express concerns with respect to the parking situation for the rezoning application submitted by 1685904 Ontario Inc. for 4600 Steeles Avenue East. (10.5)
(Other Business 6 & By-law 2007-98)

(6) Jayant Shirodker, Milliken Mills East Ratepayers Association, addressed Council with respect to the rezoning application submitted by 1685904 Ontario Inc. for 4600 Steeles Avenue East. He requested Council to not approve the application in a rush and consider the petitions submitted by the residents. (10.5)
(Other Business 6 & By-law 2007-98)

5(a) REPORT NO. 31 - GENERAL COMMITTEE (May 14, 2007)

Moved by Councillor J. Virgilio

Seconded by Councillor A. Chiu

That Report No. 31 - General Committee (May 14, 2007) be received and adopted.

(1) 2007 TAX RATES AND LEVY BY-LAW (7.3)

Report

That a by-law to provide for the levy and collection of property taxes totalling $449,888,062 required by the Town of Markham, Regional Municipality of York, Boards of Education in a form substantially similar to the attached Appendix and satisfactory to the Town Solicitor and to provide for the mailing of notices requesting payment of taxes for the year 2007, as set out as follows, be approved:

Town of Markham: $ 96,435,864

Region of York: $183,778,177

School Boards: $169,288,476

Old Markham BIA: $ 186,045

Unionville BIA: $ 199,500

Total $449,888,062

(By-law 2007-87

(2) STATUS OF CAPITAL PROJECTS AS OF JANUARY 31, 2007 (7.5)

Report 1

That the report titled “Status of Capital Projects as of January 31, 2007” be received;

And that $1,248,469 from closed capital projects be transferred to the sources of funding as listed on Exhibit A entitled “Summary of Closed Capital Projects by Account” with $120,818 from closure of operating budget funded capital projects to be transferred to the capital contingency project and $9,700 from closure of Development Charge (DC) funded capital projects to be transferred to the Planning DC Capital Contingency Project;

And that projects listed on Exhibit C entitled “Summary of Open Capital Projects 100% (or Greater) Encumbered at January 31, 2007” be closed upon payment of final invoices and any outstanding amount returned to/from the original sources of funding;

And that Staff be authorized and directed to do all things necessary to give effect to this resolution.

(3) DEVELOPMENT CHARGE UPDATE (7.3)

Report

That the report titled “Development Charge Update” be received;

And that a sub-committee of Council be established comprised of Councillor J. Virgilio (Chair), Councillor C. Moretti and Councillor J. Webster to participate in the review of policy options and proposed charges for the Town of Markham Hard Service and Area Specific Development Charge By-laws;

And that Staff be authorized and directed to do all things necessary to give effect to this resolution.

(4) ARCHITECTURAL/ENGINEERING SERVICES EAST
MARKHAM COMMUNITY CENTRE AND LIBRARY (6.6, 6.7)

Report

That the report entitled “Architectural/Engineering Services, East Markham Community Centre & Library” be received;

And that the Request for Proposal 197-R-06 Architectural/Engineering Services, East Markham Community Centre & Library be awarded to the highest ranked, lowest priced bidder, Shore Tilbe Irwin & Partners, at an upset limit of $2,127,600.00, inclusive of disbursements and exclusive of contingency and GST, to be funded from the Community and Fire Services Commission 2005 Capital Account #70-5350-6681-005;

And that upon payment of all invoices, the balance remaining in the project be used to fund the other expenses associated with this project, in accordance with the Purchasing By-Law 2004-341;

And that staff report back on the recommended award of the Project Management Consultant RFP;

And that staff develop a comprehensive public consultation program, including a Charrette process, and report back to Council;

And that staff be authorized and directed to do all things necessary to give effect to this resolution;

And further that the Mayor and the Clerk be authorized to execute an agreement with the architectural consultant.

(5) BILL C-417 – THE CANADIAN SOLDIER’S AND PEACEKEEPERS’
MEMORIAL WALL ACT (13.1)

Letter

Whereas Canada has yet to properly honour, in a suitable location that is always accessible to the public, the NAMES of ALL of OUR FALLEN in wars and peacekeeping;

And whereas over 115,000 Fallen have their graves in seventy-three countries and hundreds of cemeteries;

And whereas their remains, by law, cannot be repatriated to Canada;

And whereas we must create a suitable national shrine to our fallen;

And whereas proper recognition will show our gratitude and respect for their sacrifice;

Therefore be it resolved that Council request that the Government of Canada enact Private Members Bill C-417, the Canadian Soldiers’ and Peacekeepers’ Memorial Wall Act.

And that the letter dated April 3, 2007 from Mr. I. Mark, M.P., Dauphin-Swan River-Marquette, to the Mayor of the Town of Markham requesting the following recommendation be considered by Council be received.

(6) AIRPORT TAXI/LIMOUSINE ISSUE

Whereas Council of the City of Toronto at its meeting on April 24, 2007 passed By-law 435-2007 to remove the airport taxicab and limousine exemption from the City of Toronto Municipal Code; and

Whereas the removal of the airport exemption from the City of Toronto Municipal Code will prohibit all taxicabs or limousines holding a GTAA (Greater Toronto Airport Authority) permit from picking up passengers within the City of Toronto; and

Whereas Town of Markham licenses and regulates 52 GTAA vehicles; and

Whereas Town of Markham staff advise the removal of the airport exemption will have a potentially adverse financial impact on both the GTAA licensed vehicles as well as the industry serviced by municipally licensed vehicles in the Town of Markham and in neighbouring municipalities; and

Whereas the removal of the airport exemption will have an adverse environmental impact by increasing the likelihood of taxicabs and/or limousines making one-way trips without a customer in the vehicle; and

Whereas Council of the City of Toronto also recommended that the Licensing and Standards Committee undertake consultations with other stakeholders including other governments in the

GTA to determine whether reciprocal licensing arrangements are possible to enhance the quality of service to residents, businesses and to report on any proposals they deem worthy of further discussion; and

Whereas the Town of Markham has not been consulted on the potential impact of By-law 435-2007; and

Whereas the Town of Markham has reason to believe other municipalities also impacted by By-law 435-2007 have not yet been consulted;

Therefore, be it resolved that:

1. The Town of Markham Council advise the Mayor of Toronto that it does not support By-law 435-2007 passed by the Council of the City of Toronto on April 24, 2007 for the aforementioned reasons and request that the GTAA take steps to immediately deal with this issue; and,

2. That Town of Markham request Council of the City of Toronto repeal By-law 435-2007 and take no further action to amend provisions which would affect the conveyance of passengers to and from Lester B. Pearson International Airport until such time as consultation occurs with the GTAA, municipalities adjacent to the City of Toronto and other interested stakeholders on this issue due to the fact that the removal of the exemption from the City of Toronto Municipal Code will have immediate repercussions in other jurisdictions and is not in the best interests of the Province, the travelling public, air quality and the environment; and,

3. That a copy of this resolution be sent to the Premier of Ontario, the Minister of Municipal Affairs and Housing, the GTAA, Markham Members of Provincial Parliament, the Association of Municipalities of Ontario (AMO), and relevant taxi industry stakeholders in Markham; and,

4. And that a copy of this resolution also be sent to the seven other area municipalities with GTAA taxicab licences, namely the City of Mississauga, City of Brampton, City of Vaughan, Town of Richmond Hill, City of Kawartha Lakes, Town of Pickering and Town of Dundas, along with a request for the Councils of these municipalities to expeditiously adopt a similar resolution.

CARRIED

5(b) REPORT NO. 32 - DEVELOPMENT SERVICES COMMITTEE (May 15, 2007)

Council consented to separate Clause (2).

Moved by Deputy Mayor J. Jones

Seconded by Councillor J. Webster

Report No. 32 - Development Services Committee (May 15, 2007) be received and adopted.

(1) LAKEVIEW HOMES – MAJORWOODS SUBDIVISION
PHASE II (REVISED) 19TM-02015
PART OF LOT 21 CONCESSION 3
WEST CATHEDRAL COMMUNITY
IMPLEMENTING ZONING BY-LAW AMENDMENT
(ZA 02 118517) (10.5)

Memo Attachment

That Council enact the attached draft zoning by-law amendments;

And that Council be advised that staff approval of the red line revisions to the draft plan of subdivision 19TM-02015 (Phase II – revised) will follow enactment of the zoning by-laws.

(By-laws 2007-88 and 2007-89)

CARRIED

(2) SPECIAL EVENT NOTIFICATION SIGNAGE (10.0, 2.16)

Report Attachment

That Council endorse the proposal to create and install special event notification signage for the Markham Village, Unionville and Thornhill heritage conservation districts and endorse the guidelines for special event signage, as outlined in the staff report dated May 15, 2007;

And that the design of the signage and signage locations be approved in principle and that final approval authority be granted to the Manager, Heritage Planning;

And that the design of the Unionville Main Street gateway signage as proposed by the Unionville BIA (Appendix B) be approved, the signage locations be approved in principle and maintenance costs be borne by Unionville BIA;

And that the Manager of Street Operations and the Manager, Heritage Planning be directed to negotiate with other governmental organizations the final location of those signs which are proposed to be located within rights of way outside of the jurisdiction of the Town;

And that the Manager of Street Operations be directed to proceed with the manufacture and installation of the Markham Village Special Event Signage infrastructure and the manufacture of any necessary info tabs for the remainder of the calendar year;

And that the Manager of Street Operations be directed to manufacture and install any necessary special event info tabs for use on the existing heritage conservation district entry signage in Thornhill and Unionville;

And that the Manager of Street Operations be directed to install the two Unionville BIA gateway signs;

And that the cost of the supplies required for manufacture and installation of the Markham Village Special Event Signage infrastructure, and the cost of the manufacture of the special event info tabs for all three districts for 2007, and the installation of the Unionville BIA gateway sign, at an upset cost of $11,900 to be paid for from account 052-6150-4785-005 (Special Event Signage);

And that the cost of the manufacture of the special event info tabs for future years be paid by the organization or group sponsoring the special event;

And that the Manager of Heritage Planning work with the Coordinator of Special Events to develop an appropriate criteria for determining which events or types of events will be eligible to be promoted on the special events signage and to devise a practical system of management for the coordination of event signage;

And that Staff be authorized and directed to do all things necessary to give effect to this resolution.

CARRIED

(See following motion which was lost)

Moved by Regional Councillor J. Heath

Seconded by Councillor L. Kanapathi

That Clause (2) be amended to reflect the costs be paid by the Town of Markham for all of the signage recommended in the staff report.

LOST

5(c) REPORT NO. 33 - DEVELOPMENT SERVICES PUBLIC MEETING (May 15, 2007)

Moved by Deputy Mayor J. Jones

Seconded by Councillor J. Webster

Report No. 33 - Development Services Public Meeting (May 15, 2007) be received and adopted.

(1) 1473092 ONTARIO LIMITED
(METRUS DEVELOPMENTS)
NORTH OF 16^TH AVENUE, EAST OF 9^TH LINE
CORNELL COMMUNITY
PROPOSED PLAN OF SUBDIVISION AND
IMPLEMENTING ZONING BY-LAW AMENDMENTS (PHASE 2)
SU 01 118320 (19TM-01015, PHASE 2) AND ZA 07 108415 (10.7, 10.5)

Report Attachment

That the correspondence received from Zhang Aiguo, 156 Gaslamp Lane, Markham, with concerns regarding the proposed application by 1473092 Ontario Limited (Metrus Developments), be received;

That the Development Services Commission Report entitled “Preliminary Report. 1473092 Ontario Limited (Metrus Developments). North of 16^th Avenue, east of 9^th Line. Cornell Community. Proposed plan of subdivision and implementing zoning by-law amendments (Phase 2). (SU 01-118320, 19TM-01015 Phase 2, ZA 07-108415)”, dated April 17, 2007, be received;

And that the record of the Public Meeting of May 15, 2007 with respect to the zoning amendment and plan of subdivision applications submitted by 1473092 Ontario Limited (Metrus Developments), be received;

And that draft plan of subdivision 19TM-01015, Phase 2 by 1473092 Ontario Limited (Metrus Developments) be referred back to staff for further review and approval under section 2 (b) (iv) of Delegation By-law 2002-202, as amended;

And that the application by 1473092 Ontario Limited (Metrus Developments) to amend Zoning By-laws 304-87 and 177-96, as amended, be approved and by-law amendments to implement draft plan of subdivision 19TM-01015, Phase 2 be finalized and enacted without further notice.

(2) OXNARD BOXGROVE LTD.
APPLICATION FOR ZONING BY-LAW AMENDMENT
TO PERMIT THE REZONING OF LANDS WITHIN
7085 14^TH AVENUE BOX GROVE PLANNING DISTRICT
ZA 07 108731 (10.5)

Report Attachment

That the report from the Development Services Commission dated April 17, 2007, entitled “Preliminary Report, Oxnard Boxgrove Ltd., Application for Zoning By-law Amendment to permit the rezoning of lands within 7085 14^th Avenue, in the Box Grove Planning District, ZA 07 108731” be received;

That the Record of the Public Meeting held on May 15, 2007, with respect to the rezoning application submitted by Oxnard Boxgrove Ltd. to amend By-laws 304-87 and 177-96, both as amended, be received;

That servicing allocation for 3.5 units (12.95 population) be granted to Oxnard Boxgrove Inc. from the total servicing allocation assigned to the Boxgrove Planning District to date by the Town;

That the rezoning application by Oxnard Boxgrove Ltd. to amend By-laws 304-87 and 177-96, both as amended, be approved;

And that the proposed amendments to By-laws 304-87 and 177-96, both as amended, be enacted without further notice.

CARRIED

6. MOTIONS

Council consented to add Motion (1).

(1) GREAT MARKHAM STAMPEDE
(CANADIAN MOUNTED BRIGADE GROUP)
- EXEMPTION FROM THE FIREARMS BY-LAW 323-86 (2.7)

Moved by Councillor J. Webster

Seconded by Councillor D. Horchik

Whereas the replica gun (airgun) to be used for the Cavalry Challenge to occur on May 25 and 26, 2997 on the Markham Fairground property is prohibited by the Town’s Firearms By-Law 323-86;

And whereas the by-law, like other municipalities by-laws, prohibits the use of such firearms but provides for approval by exemption:

Now therefore, be it resolved that the representatives of the Canadian Mounted Brigade Group be granted an exemption to the Firearms By-Law 323-86 for the purpose of allowing the North American Cavalry Challenge to proceed, subject to provision of two million dollars of Comprehensive General Liability Insurance coverage;

And further the discharge of firearms comply with all applicable laws.

CARRIED

(See following recorded vote) (10:3)

YEAS: Mayor F. Scarpitti, Deputy Mayor J. Jones, Regional Councillor T. Wong, Regional Councillor G. Landon, Councillor J. Virgilio, Councillor C. Moretti, Councillor J. Webster, Councillor D. Horchik, Councillor L. Kanapathi, Councillor A. Chiu. (10)

NAYS: Regional Councillor J. Heath, Councillor V. Burke, Councillor E. Shapero. (3)

7. COMMUNICATIONS

Council consented to add Communication No. 38-2007.

Moved by Councillor A. Chiu

Seconded by Councillor C. Moretti

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

Referred to all Members of Council

33-2007 Liquor Licence Application - Forwarding a request to complete the Alcohol and Gaming Commission Municipal Information Form for Great Tang Restaurant Inc., 230 Commerce Valley Drive East, Unit 11 (indoor). (3.21)

Info

34-2007 Markham Village B.I.A. - Requesting an approval from the Town of Markham regarding the application of Special Occasion Liquor Permits for the extension of the outdoor areas at the Duchess of Markham and Artisan Pub. The Permits will be utilized in conjunction with the Markham Village Music Community Festival on June 15, 2007 from 6:00 p.m. to 10:00 p.m. and on June 16, 2007 from 9:00 a.m. to 5:00 p.m. (3.21)

Info

35-2007 John Cabrelli, Co-Chairman, Unionville Village Festival - Requesting an approval from the Town of Markham regarding the application of a Special Occasion Liquor Permit to be utilized in conjunction with the Unionville Village Community Festival for the following dates:
- June 1, 2007 from 8:00 p.m. to 1:00 a.m. at Crosby Community Centre
- June 2, 2007 from 12:00 noon to 10:00 p.m. at Unionville Curling Club Parking Lot. (3.21)

Info

36-2007 Paula Roberts, Unionville Village Festival - Requesting to close the following roads to facilitate the Unionville Village Festival in 2007 during the dates and times noted:

Saturday, June 2, 2007

7:00 a.m. to 12 noon

- Main Street, Unionville north from Highway 7 to north of Library Lane

7:00 a.m. to 11:00 a.m.

- Main Street, Unionville south from Highway 7 to Unionville Gate

- Unionville Gate west from Kennedy Road to Main Street South (signage only)

9:30 a.m. to 11:30 a.m.

- Highway 7 east from Warden Avenue to west of Kennedy By-Pass

7:00 a.m. to 12:00 noon

- No access from Main Street Unionville east onto

a. Unionville Gate

b. Unionville Gate Medical Centre Parking Lot

c. Rouge Avenue

d. Richard Maynard Crescent

e. Library Lane

- No access from Main Street Unionville west onto

a. South Drive

b. East Drive

c. Toogood Pond Park

Saturday, June 2, 2007

7:00 a.m. to 7:30 p.m.

- Main Street Unionville north from Highway 7 to south of Library Lane

- Fred Varley Drive west from Main Street to east of Fonthill Boulevard

- Fred Varley Drive west of EJ Lennox Way east of plaza driveway (will have limited access for residents)

- Carlton Road west of Wembley Avenue to west of Back Access Lane (Concession Road)

- No access from Main Street Unionville east onto

a. Eckardt Avenue

b. Maple Lane

c. Victoria Avenue

d. Carlton Road

- No access from Main Street Unionville west onto

a. Pavilion Street

b. Euclid Street

c. Station Lane

d. Fred Varley Drive

e. Main Street Lane

f. Carlton Road

Sunday, June 3, 2007

8:00 a.m. to 6:00 p.m.

- Main Street Unionville north from Concession Road to south of Carlton Road

- No access from Main Street Unionville east onto Carlton Road

- No access from Main Street Unionville west onto Fred Varley Drive & Carlton Road. (By-law 2007-90) (3.5)

Info

38-2007 Commissioner of Development Services - Providing an update with respect to the Special Event Notification Signage Guidelines. (10.0 & 2.16)
(Clause 2, Report No. 32, 2007)

Memo

Referred to Commissioner of Development Services & Town Solicitor

37-2007 Ontario Municipal Board - Forwarding amendments to a Decision issued on January 30, 2007 to approve the applications submitted by Tucciarone Family regarding the proposed plan of subdivision and zoning by-law amendments to permit 47 single detached units, 38 semi-detached units and one block that will be combined with lands to the south to create 4 units (By-laws 2006-180 and 2006-181, Part of Lot 25, Concession 3, 19T-95075, south side of Elgin Mills Road, west of Woodbine Avenue, in the Cathedral Secondary Plan Area). (13.13)

Letter

CARRIED

8. OTHER BUSINESS

Council consented to add Other Business (7) and (8).

Moved by Councillor D. Horchik

Seconded by Deputy Mayor J. Jones

That Other Business Clauses (1) to (8) be received and adopted.

(1) LICENSING HEARING 07-3
- TAXI DRIVER STATUS ON PRIORITY LIST (2.23)

That a taxi driver's name remain on the taxi Priority List in its current position for a period of four (4) months to allow him to comply with the following conditions:

(a) That he drive a taxi cab within the Town of Markham;

(b) That once he has started driving a taxi cab within the Town of Markham that he shall drive the taxi cab for a minimum of thirty-five hours per week each and every week for a minimum of a one (1) month period;

(c) That he file a statutory declaration in a form approved by the Licensing Officer confirming that he has driven a taxi cab within the Town of Markham in accordance with the requirements of subsection (b);

(d) That he keep trip sheets as required by the by-law in support of his statutory declaration and produce the trip sheets if and when required by the Licensing Officer; and

(e) That the four (4) month period to comply with the conditions stated herein begins to run from the date that Council makes its decision;

And that his name be removed from the Priority List if he has not complied with the above noted conditions within this four (4) month time frame;

And that if he complies with the conditions herein within the four (4) month period and his name is not removed from Priority List, that in order to remain on the Priority List that he continue to comply with the requirements of section 6 of by-law 2002-308, as amended;

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

(2) LICENSING HEARING 07-4
- TAXI DRIVER STATUS ON PRIORITY LIST (2.23)

That a taxi driver's name remain on the taxi Priority List in its current location for a period of four (4) months to allow him to comply with the following conditions:

(a) That he drive a taxi cab within the Town of Markham;

(b) That once he has started driving a taxi cab within the Town of Markham that he shall drive the taxi cab for a minimum of thirty-five hours per week each and every week for a minimum of a one (1) month period;

(c) That he file a statutory declaration in a form approved by the Licensing Officer confirming that he has driven a taxi cab within the Town of Markham in accordance with the requirements of subsection (b);

(d) That he keep trip sheets as required by the by-law in support of his statutory declaration and produce the trip sheets if and when required by the Licensing Officer; and

(e) That the four (4) month period to comply with the conditions stated herein begins to run from the date that Council makes its decision;

And that his name be removed from the Priority List if he has not complied with the above noted conditions within this four (4) month time frame;

And that if he complies with the conditions herein within the four (4) month period and his name is not removed from Priority List, that in order to remain on the Priority List that he continue to comply with the requirements of section 6 of by-law 2002-308, as amended;

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

(3) LICENSING HEARING 07-5
- TAXI DRIVER REQUEST TO MOVE UP
THE TAXI PRIORITY LIST (2.23)

That a taxi driver remain on the taxi Priority List in his current position consistent with the application date of October 31, 2000, providing he comply with the provisions of By-law 2002-308, as amended;

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

(4) LICENSING HEARING 07-6
- TAXI DRIVER REQUEST TO MOVE UP
THE TAXI PRIORITY LIST (2.23)

That a taxi driver remain on the taxi Priority List in his current position consistent with the application date of February 27, 2006, providing he comply with the provisions of By-law 2002-308, as amended;

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

(5) APPOINTMENT AND RESIGNATIONS
OF ADVISORY COMMITTEES (16.24)

That the resignation of Ms. Frankie Rose from the Main Street Markham Committee be received and a letter of appreciation be forwarded;

And that the resignation of Mr. David Black from the Main Street Markham Committee be received and a letter of appreciation be forwarded;

And that Mr. Sadiq Pirani be appointed to the Traffic Safety Committee as the representative for Ward 4, for the term ending November 30, 2008.

(6) 1685904 ONTARIO INC. 4600 STEELES AVENUE EAST
(NORTH-EAST CORNER OF STEELES AVENUE EAST
AND THE FUTURE MIDLAND AVENUE EXTENSION)
REZONING APPLICATION TO PERMIT A MIXED-USE DEVELOPMENT
ZA 06 126186 (10.5)

Memo & By-law

That the memo dated May 22, 2007 from the Commissioner of Development Services providing information regarding minor changes to the zoning by-law amendment for the application submitted by 1685904 Ontario Inc., 4600 Steeles Avenue East, be received;

And that the Zoning Amendment Application No. ZA 06 126186 to amend By-law 177-96, as amended, submitted by 1685904 Ontario Inc. for 4600 Steeles Avenue East, be enacted;

And that Council confirm, as per Section 34(17) of the Planning Act, that no further Public Notice is required.

(By-law 2007-98)

(7) MEMBERSHIP OF THE VARLEY MCKAY
ART FOUNDATION OF MARKHAM BOARD (6.9)

That authorization be granted for the appointment of eighteen (18) lay members, as set out in Schedule "A" entitled the "Proposed Membership of the Varley McKay Art Foundation of Markham Board", to the Board of Directors of the Varley McKay Art Foundation of Markham, and further that this issue be reviewed and reported to the next Annual General Meeting;

And that these appointments be subject to an amendment to the Memorandum of Understanding being authorized by the Council of the Town of Markham to give effect to a temporary increase in the number of lay directors from 16 to 18 and a decrease in the number of Councillors appointed as members from two to one.

(8) YONGE STREET STUDY (5.10)

Deputy Mayor J. Jones advised that the City of Vaughan is undertaking a formal study of Yonge Street and is interested in having the Town of Markham participate.

CARRIED

9. BY-LAWS

Council consented to separate By-law 2007-98.

Moved by Councillor A. Chiu

Seconded by Councillor J. Virgilio

That By-law 2007-98 be given three readings and enacted.

Moved by Councillor A. Chiu

Seconded by Deputy Mayor J. Jones

That By-laws 2007-87 to 2007-97 be given three readings and enacted.

Three Readings

BY-LAW 2007-87 A by-law to provide for the levy and collection of sums required by The Corporation of the Town of Markham for the year 2007 and to provide for the mailing of notices demanding payment of taxes for the year 2007.
(Clause 1, Report No. 31, 2007)

BY-LAW 2007-88 A by-law to amend Zoning By-law 304-87, as amended (Lakeview Homes - Majorwood Developments Inc., 19TM-92915, Part of Lot 21, Concession 3, West Cathedral Community - To delete subject lands from designated area By-law 304-87, as amended, so that they can be incorporated into By-law 177-96, as amended, to permit single detached residential dwellings).
(Clause 1, Report No. 32, 2007)

BY-LAW 2007-89 A by-law to amend Zoning By-law 177-96, as amended (Lakeview Homes - Majorwood Developments Inc., 19TM-92915, Part of Lot 21, Concession 3, West Cathedral Community - To permit single detached residential dwellings).
(Clause 1, Report No. 32, 2007)

BY-LAW 2007-90 A by-law to authorize the temporary closure of various roads at Main Street Unionville to facilitate the Unionville Village Festival being held on June 2 and 3, 2007.
(Communication No. 36-2007)

BY-LAW 2007-91 A by-law to amend Municipal Law Enforcement Officers Appointment By-law 2002-178 (To update Officers' List).

BY-LAW 2007-92 A by-law to designate part of a certain plan of subdivision not subject to Part Lot Control (Laurier Homes (Windsong) Ltd., Lots 2 to 7, Plan 65M-3955, designated as Parts 1 to 12, Plan 65R-29987 and Lots 8 to 12, Plan 65M-3955, designated as Parts 1 to 10, Plan 65R-29988, located on Roy Rainey Avenue).

BY-LAW 2007-93 A by-law to designate part of a certain plan of subdivision not subject to Part Lot Control (Laurier Homes (Windsong North) Ltd., Lots 16, 17 and 18, Plan 65M-3960, located on Ralph Chalmers Avenue).

BY-LAW 2007-94 A by-law to designate part of a certain plan of subdivision not subject to Part Lot Control (A. L. Homes Ltd., Lots 1 to 10, Plan 65M-3967, located on Alexander Lawrie Avenue).

BY-LAW 2007-95 A by-law to amend Zoning By-law 165-80, as amended (Woodbine Business Centre Inc., 8787 Woodbine Avenue - To introduce Clinics as an additional permitted use)
(Clause 14, Report No. 32, 2007)

BY-LAW 2007-96 A by-law to adopt Official Plan Amendment No. 162 (Dufferin Concrete, 7655 Woodbine Avenue - To permit the modernization of existing concrete plan).
(Clause 3, Report No. 29, 2007)

BY-LAW 2007-97 A by-law to amend Zoning By-law 2284-68, as amended (Dufferin Concrete, 7655 Woodbine Avenue - To permit the modernization of existing concrete plan).
(Clause 3, Report No. 29, 2007)

CARRIED

BY-LAW 2007-98 A by-law to amend Zoning 177-96, as amended (1685904 Ontario Inc., 4600 Steeles Avenue East, north-east corner of Steeles Avenue East and the future Midland Avenue extension - To permit a mixed-use development).
(Other Business 6)

CARRIED

10. CONFIRMATORY BY-LAW

Moved by Councillor A. Chiu

Seconded by Deputy Mayor J. Jones

That By-law 2007-99 be given three readings and enacted.

Three Readings

BY-LAW 2007-99 A by-law to confirm the proceedings of the Council meeting of May 22, 2007.
(Council Meeting No. 10, 2007)

CARRIED

11. ADJOURNMENT

Moved by Councillor A. Chiu

Seconded by Councillor L. Kanapathi

That the meeting do adjourn.

CARRIED

Council adjourned at 8:25 p.m.

___________________________________ _____________________________________

SHEILA BIRRELL, TOWN CLERK FRANK SCARPITTI, MAYOR

(Signed)