2003-09-30

COUNCIL MINUTES Council Chamber, Civic Centre

Meeting No. 19

(Canada Room)

COMMITTEE OF THE WHOLE

ROLL CALL

Mayor D. Cousens, Deputy Mayor F. Scarpitti, Regional Councillor B. O'Donnell, Councillor S. Daurio, Councillor E. Shapero (5:20 p.m.), Councillor J. Virgilio (5:20 p.m.), Councillor J. Heath, Councillor D. Horchik, Councillor A. Chiu. (9)

Regrets

Regional Councillor G. Landon, Regional Councillor T. Wong, Councillor G. McKelvey, Councillor K. Usman. (4)

Moved by Councillor A. Chiu

Seconded by Councillor E. Shapero

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

(1) Markham Professional Fire Fighters Association - Negotiations (11.6)

(2) Rouge Park Proposal Planting of The Tompion Property (10.3)

(3) 2003 Advisory Committee Appointments - Committee of Adjustment (16.24)

(4) Absence from Meetings - Requirement under Municipal Act, 2001 (16.23)

(5) Licensing Hearing, “Valleywood Health Centre”, 20 Valleywood Drive, Unit 113B, Markham (2.0)

(6) Plaque of Appreciation Armadale Tennis Club (12.2.6)

(7) Mayor's Dinner for the Arts (12.2.6)

CARRIED

The Regular Meeting of Council was held on September 30, 2003 at 7:00 p.m. in the Council Chamber, Civic Centre. Mayor D. Cousens presided.

(Council Chambers)

ROLL CALL

Mayor D. Cousens, Deputy Mayor F. Scarpitti, Regional Councillor B. O'Donnell, Councillor S. Daurio, Councillor E. Shapero (5:20 p.m.), Councillor J. Virgilio (5:20 p.m.), Councillor J. Heath, Councillor D. Horchik, Councillor A. Chiu. (9)

Regrets

Regional Councillor G. Landon, Regional Councillor T. Wong, Councillor G. McKelvey, Councillor K. Usman. (4)

STAFF

J. Baird, Commissioner of Development Services

S. Birrell, Town Clerk

C. Conrad, Town Solicitor

B. Cribbett, Treasurer

L. Duoba, Project Coordinator

T. Lambe, Manager, Policy & Research

P. Miller, Manager, Secretariat Services

J. Sales, Commissioner of Community and Fire Services

A. Taylor, Commissioner of Corporate Services

1. DISCLOSURE OF PECUNIARY INTEREST

Councillor J. Virgilio disclosed an interest with respect to Report No. 59, Clause (13) & Other Business (1), the matter relating to the surplus property on part of Old 16th Avenue, east of Ninth Line, by nature of him representing the owner of one of the adjoining properties, 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 E. Shapero

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 PROFESSIONAL FIRE FIGHTERS
ASSOCIATION - NEGOTIATIONS (11.6)

That the update on Markham Professional Fire Fighters Association negotiations presented by the Commissioner of Community and Fire Services and the Acting Manager, Employee & Labour Relations, be received.

(2) ROUGE PARK PROPOSAL
PLANTING OF THE TOMPION PROPERTY (10.3)

That the presentation of Louis Yeager, Rouge Park Alliance regarding the Rouge Park Alliance proposal for the planting of the former Tompion property at the northwest corner of Steeles Avenue and Ninth Line received;

And that the letter from the Rouge Park Alliance agreeing that, should the final alignment of the Markham By-pass go through any of the areas proposed for restoration, the Alliance will not object to the removal or relocation of any of the restoration materials, be received;

And that the map of the restoration site, be endorsed.

(3) 2003 ADVISORY COMMITTEE APPOINTMENTS
COMMITTEE OF ADJUSTMENT (16.24)

Committee of Adjustment

That the following person be appointed as the interim Thornhill representative on the Committee of Adjustment for a term October 1, 2003 to March 1, 2004:

Velta Mussellam

(4) ABSENCE FROM MEETINGS -
REQUIREMENT UNDER MUNICIPAL ACT, 2001 (16.23)

That, pursuant to Section 259(1) (c) of The Municipal Act, 2001, Regional Councillor Gordon Landon's leave of absence be extended to cover the period October 8 to November 30, 2003.

(5) LICENSING HEARING
“VALLEYWOOD HEALTH CENTRE”
20 VALLEYWOOD DRIVE, UNIT 113B, MARKHAM (2.0)

That consideration of the recommendation of the Markham Licensing Committee regarding the application for a Body Rub Parlour for "Valleywood Health Centre" at 20 Valleywood Drive, Unit 113B, Markham, Ontario, be deferred to the October 21, 2003 Committee of the Whole meeting to permit the applicant time to hire another Solicitor to represent her.

(6) PLAQUE OF APPRECIATION
ARMADALE TENNIS CLUB (12.2.6)

Committee advised of a plaque presented to the Town by the Armadale Tennis Club in recognition of Town assistance.

(7) MAYOR'S DINNER FOR THE ARTS (12.2.6)

That Council purchase tickets for a corporate table of ten (10) for the Mayor's Dinner for the Arts to be held Friday, October 17, 2003 at a cost of $1,250.00.

Moved by Councillor A. Chiu

Seconded by Councillor E. Shapero

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

CARRIED

3. MINUTES

(1) COUNCIL MINUTES
- SEPTEMBER 16, 2003

Moved by Councillor A. Chiu

Seconded by Regional Councillor B. O'Donnell

That the Minutes of the Council Meeting held on September 16, 2003, be adopted.

CARRIED

4. PRESENTATIONS

Council consented to separate Presentation (2) and add Presentations (3) & (4).

(1) YORK REGION ONTARIO SENIORS GAMES (12.2.6)

Council recognized residents who won medals at the 2003 York Region Ontario Seniors Games.

The following medallists were in attendance:

Competitor	Medal	Event
Rose Casen and Diana Pearce Greg Tang Nell Dunn Joanne Price Bela Kaposi John Janson John Janson Bela Kaposi Mary and Bob Woods Bela Kaposi	Silver Silver Gold Bronze Silver Bronze Silver Bronze Bronze Gold	Cribbage Table Tennis Ladies’ Snooker Ladies’ Snooker Men’s Swimming 65+ 25 metre sprint Men’s Swimming 65+ 25 metre sprint Men’s Swimming 65+ 100 metre Prediction Swim Men’s Swimming 65+ 100 metre Prediction Swim Bid Euchre Men’s Prediction Walk 3 km

The following medallists were not in attendance and sent their regrets:

Competitor	Medal	Event
Elizabeth Stokell & Gordon Ambrose Beverley & Howard Shrimpton Lois Clarridge Lois Clarridge	Silver Bronze Gold Silver	Duplicate Bridge Duplicate Bridge Ladies’s Swimming 65+ 100 metre Prediction Swim Ladies Swimming 65+ 100 metre Prediction Swim

(2) MARKHAM SOCCER CLUB (12.2.6)

Council recognized the Markham Lightning Under 12 Boys Team that won the Ontario Cup, the Central Soccer League Championship and the Central Soccer League Cup.

The following players were introduced by Tommy McGarrigle, Vice-President:

Wesley Clark Gino Mauro Anthony Giorgiou Craig O’Connor Jeffrey Skinner Thomas Zolis

Dean Lawrence Jonathan Dippolito Jordan Mustard Michael Holder Marco Tamburro

Alex Culp Markus Miller Daniel Hnatko Derick Robinson Lewis Zolis

(3) 2003 UNIONVILLE GALA (12.2.6)

Council congratulated Councillor J. Virgilio and his organizing committee on the success of the 2003 Unionville Gala held on September 26th and Council enjoyed a video of a special performance by Deputy Mayor F. Scarpitti.

(4) ACCLAMATION OF WARD 2 COUNCILLOR
ERIN SHAPERO (16.23)

Council congratulated Councillor E. Shapero on her acclamation as Councillor, Ward 2 for a second term.

5. DELEGATIONS

Council consented to add Delegations (1) to (3).

(1) Ron Christie, Rouge Park Alliance, in support of the draft Rouge North Official Plan Amendment. He thanked Deputy Mayor F. Scarpitti, Councillor E. Shapero Councillor J. Heath, J. Baird, V. Shuttleworth, L. Duoba, all Town staff involved and J. Robb, Friends of the Rouge Watershed, for their hard work and efforts on this project. He also thanked Mayor and Members of Council for their support. (Report 60, Clause 2) (10.3)

(2) Kevin O'Connor, Friends of the Rouge Watershed, submitting specific comments on the draft Rouge North Official Plan Amendment. (Report 60, Clause 2) (10.3)

(3) Steve Tonner in objection to Motion No. 1 to amend the minutes of the July 8, 2003 Council meeting regarding the application submitted by Ruland Properties In. (The Remington Group) for the Markham Centre precinct plan, draft plan of subdivision and zoning by-law amendments. (Report 47, Clause 9) (10.5 & 10.7)

6(a) REPORT NO. 58 - COMMUNITY SERVICES & ENVIRONMENT COMMITTEE

Moved by Councillor J. Heath

Seconded by Councillor A. Chiu

That Report No. 58 - Community Services & Environment Committee be received and adopted.

September 15, 2003

(1) OTHER COMMITTEE PROCEEDINGS
- MINUTES OF COMMUNITY SERVICES & ENVIRONMENT
COMMITTEE MEETING – SEPTEMBER 15, 2003 (16.0)

That the Community Services & Environment Committee minutes dated September 15, 2003 be received.

CARRIED

6(b) REPORT NO. 59 - FINANCE & ADMINISTRATIVE COMMITTEE

Council consented to separate Clause (13).

Moved by Councillor E. Shapero

Seconded by Councillor S. Daurio

That Report No. 59 - Finance & Administrative Committee be received and adopted.

September 22, 2003

(1) RELEASE AND ABANDONMENT OF PERMANENT
AND TEMPORARY STORM SEWER EASEMENT
PART OF LOT 18, CONCESSION 3, DESIGNATED
AS PARTS 15 AND 16, PLAN 65R-17583, MARKHAM (8.1) Weblink

That a by-law be enacted authorizing the Mayor and Clerk to execute a Release and Abandonment of Easement for lands legally described as Part of Lot 18, Concession 3, designated as Parts 15 and 16, Plan 65R-17583, Markham, in a form satisfactory to the Town Solicitor.

(By-law 2003-297)

(2) PROVINCIAL PERFORMANCE MEASURES - 2002 (7.0) Weblink 1 2

That Council receive the report entitled "Provincial Performance Measures - 2002", dated September 22, 2003;

And that staff publish the mandatory Provincial Performance Measures on the Town of Markham website.

(3) TAX WRITE OFFS IN ACCORDANCE WITH SECTION 354
OF THE MUNICIPAL ACT (7.3 & 7.1.13) Weblink 1 2

That taxes totalling $655,830.86 (excluding penalty and interest), as set out in the staff report dated September 22, 2003, be written off pursuant to the provisions of Section 354 of the Municipal Act, 2001;

And that the applicable penalty and/or interest charges be adjusted accordingly;

And that the Treasurer be directed to remove the taxes from the Collector's Roll.

(4) REGISTRATION REFUND POLICY (6.4 & 2.1)

That the revised Recreation and Culture Registration Refund Policy be approved to meet the increasing demand on recreation programs, day camps and swim lessons;

And that Council approve the introduction of a $10 administration fee per program registration cancelled less than five (5) business days prior to the start of the first class or after the program has started;

And that the $10.00 Administration Fee be waived if the customer accepts a credit on their account;

And that, if a written request to cancel is submitted up to and including the second class/day, then the amount refunded be pro-rated based on the number of classes held;

And further that the new policy, attached to this report as Appendix B, be implemented in January 2004 - Winter Session.

(5) MARKHAM LITTLE THEATRE (7.6 & 6.2 & 6.5) Weblink

That Council approve an interest free loan to a maximum of $200,000 to the Markham Little Theatre (MLT) for the construction of a workshop, storage and rehearsal facility at the Markham Museum site, conditional upon the approval of the building design, security provisions, and the completion of a parking study;

And that the Markham Little Theatre repay the loan with equal annual payments beginning September 30, 2004 over the next fifteen (15) years;

And that the Mayor and Clerk be authorized to execute a loan agreement with the Markham Little Theatre in a form satisfactory to the Town Solicitor.

(6) COMMUNITY SPORT COUNCIL (6.10)

That the report entitled "Community Sport Council" be received as information;

And that staff work with stakeholders in the development of an independent model (See Option 1, Page 5 of staff report) for a Community Sport Council;

And further that staff report back with an update on the development of the Community Sport Council and related costs.

(7) MARKHAVEN GALA EVENING 2003 - CRYSTAL FOUNTAIN
BANQUET HALL - NOVEMBER 6, 2003 (12.2.6 & 6.3)

That Council sponsor the Markhaven Gala Evening 2003 on November 6, 2003 at the Crystal Fountain Banquet Hall for a gold sponsorship at $2,000.00.

(8) YORK CENTRAL HOSPITAL FOUNDATION - CHICAGO
NIGHT, LEPARC, NOVEMBER 7, 2003 (12.2.6 & 6.3)

That Council approve a Bronze sponsorship in the amount of $3,000.00 for the York Central Hospital Foundation - Chicago Night Gala, at LeParc on November 7, 2003;

And that up to 10 Members of Council or staff be invited to attend.

(9) CHARLES SAURIOL ENVIRONMENTAL LAND
TRUST DINNER, TORONTO CONGRESS CENTRE
NOVEMBER 6, 2003 (12.2.6 & 6.3)

That Council approve the purchase of a table for 8 (eight) at $1,000.00;

And that Members of Council and staff be invited to attend.

(10) UNIONVILLE-MILLIKEN SOCCER CLUB - REQUEST
FOR GRANT - U18 BOYS PROVINCIAL TEAM (7.6)

That the letter dated September 16, 2003 from the President of the Unionville-Milliken Soccer Club requesting financial assistance for their U18 Boys Provincial team trip to the Nationals being held in Winnipeg on October 8, 2003, be received;

And that in accordance with Town's Grants and Sponsorship Guidelines, Council provide support to the Unionville-Milliken U18 Boys Provincial team trip to Winnipeg in October, 2003, as follows:

"support community groups competing at a national or international level

and the support would be 50% of the cost of the wearing apparel to a maximum

amount of $1,000.00".

And that this support be subject to staff ensuring that the Unionville-Milliken Soccer Club acknowledges the support of the Town of Markham on their wearing apparel.

(11) PROPOSAL FOR SPECIAL CONSTABLE REVIEW -
ESTABLISHMENT OF MARKHAM TASK FORCE (2.0& 16.24)

Whereas it has been interpreted by the Provincial Minister of Public Safety that the York Region Police Services Board has the authority to appoint a Special Constable;

And whereas a Special Constable may stop and ticket a vehicle for speeding or for a stop sign violation, or for other offences;

And whereas Markham has requested that local enforcement officials be granted such authority;

And whereas, the Chief of Police for York Region was directed by the Board to meet with representatives of Markham and Vaughan to discuss the conveyance of some powers which could provide a mutual benefit;

Therefore be it resolved that the following committee of elected officials and staff be appointed to represent Markham, to request a meeting with the Chief at his earliest convenience, and to negotiate conditions under which selected Markham enforcement officers can be appointed as Special Constables:

Regional Councillor F. Scarpitti

Councillor K. Usman

Councillor A. Chiu

Councillor Stan Daurio

Commissioner of Corporate Services

Town Solicitor

Town Clerk

(12) SITE RESERVED FOR PLACE OF WORSHIP
FOREST BAY HOMES LIMITED PART OF BLOCK 43,
PLAN 65M-3425, DESIGNATED AS PARTS 3, 4 & 5,
PLAN 65R-26144 (HIGHGLEN AVENUE AND HIGHWAY 48) (8.5 & 10.8)

That a by-law be enacted authorizing the Mayor and Clerk to execute the necessary conveyance to Forest Bay Homes Limited, or as they may direct, for lands legally described as Part of Block 43, Plan 65M-3425, designated as Part 6, Plan 65R-26144, in a form satisfactory to the Town Solicitor, upon a conveyance of Parts 3, 4 and 5, Plan 65R-26144 for a Place of Worship.

(By-law 2003-298)

CARRIED

(13) POTENTIAL SURPLUS PROPERTY AND DISPOSAL
PART OF OLD 16TH AVENUE, EAST OF NINTH LINE,
MARKHAM (8.5)

That part of Old 16th Avenue, situated to the east of Ninth Line, shown in Appendix 2 as Parts 5, 6, 8 and 20 on Plan 65R-14883, containing a total of 4.0+- acres, be declared surplus pursuant to Town of Markham By-law 178-96;

And that notice of the proposed disposition of part of Old 16th Avenue, shown in Appendix 2 as Parts, 5, 6, 8 and 20 on Plan 65R-14883, containing a total of 4.0+- acres be placed on the Agenda for the Council Meeting on September 30, 2003, as required by Town of Markham By-law 178-96;

And further that the Manager of Real Property be authorized to enter into negotiations for the sale of the property to abutting landowners and be required to report back to Council on this matter.

CARRIED

(Councillor J. Virgilio abstained)

(14) REVISIONS TO STANDARD AGREEMENT OF
PURCHASE AND SALE LOTS IN THE HERITAGE
SUBDIVISION, MARKHAM (8.2 &16.11)

That Clause 4(a) of the standard Agreement of Purchase and Sale for a vacant lot within Heritage Estates Subdivision between the Town and an approved purchaser be revised to permit a first building mortgage in a principal amount not to exceed $350,000;

And that when requests are received in writing by property owners of lots within Heritage Estates Subdivision where the second mortgage has not been discharged, the Mayor and Clerk be authorized to execute postponement of the Town's second mortgage to permit registration of a new first mortgage not to exceed a principal amount of $350,000.

(15) HERITAGE COMMUNITY RECOGNITION PROGRAM
ONTARIO HERITAGE FOUNDATION - NOMINATION
SUGGESTIONS FOR COUNCIL CONSIDERATION (16.11 & 12.2.6)

That Council provide direction as to the recommendation of Heritage Markham, that Susan Casella be nominated for the Ontario Heritage Foundation Heritage Community Recognition Award in the Built Heritage category and that George Duncan be nominated in the Cultural Heritage category.

(16) OTHER COMMITTEE PROCEEDINGS
- MINUTES OF FINANCE & ADMINISTRATIVE
COMMITTEE MEETING – SEPTEMBER 22, 2003 (16.0)

That the Finance & Administrative Committee minutes dated September 22, 2003 be received.

CARRIED

6(c) REPORT NO. 60 - DEVELOPMENT SERVICES COMMITTEE

Council consented to separate Clauses (2), (5) & (6).

Moved by Councillor D. Horchik

Seconded by Councillor A. Chiu

That Report No. 60 - Development Services Committee be received and adopted.

September 23, 2003

(1) DESIGNATION UNDER PART IV OF THE ONTARIO HERITAGE ACT
9404 Highway 48, "THE MENNO RAYMER HOUSE" (16.11.3) Weblink

That the presentation by Brian Bunting, agent for the owner of 9404 Highway 48, with respect to Heritage designation of the property, be received;

And that Heritage Markham’s recommendation to designate the Menno Raymer House at 9404 Highway 48 pursuant to 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 these properties;

And further that the application for demolition be denied;

And that, given the confirmation of the Group 2 rating of the Menno Raymer House at 9404 Highway 48 by the Heritage Markham Building Evaluation Sub-Committee, Council direct the Clerk’s Department to continue the designation process under the Ontario Heritage Act.

CARRIED

(2) DRAFT ROUGE NORTH OFFICIAL PLAN AMENDMENT
SUPPLEMENTARY REPORT (MI. 462) (10.3) Weblink

That the presentations by Ron Christie, representing the Rouge Park Alliance, and Jim Robb, representing Friends of the Rouge Watershed, regarding the Draft Rouge North Official Plan Amendment, be received;

And that the staff report entitled “Supplementary Report, Draft Rouge North Official Plan Amendment”, dated September 23, 2003, be received;

And that correspondence from Lewis Yeager, General manager of Rouge Park, regarding the recommendation of the Rouge Park Alliance dated September 19, 2003, endorsing Markham's draft Rouge North Official Plan, be received;

And that correspondence from Friends of the Rouge Watershed, dated September 23, 2003, with recommendations to make the Rouge North OPA consistent with the Rouge North Management Plan and RPA Motions, be received;

And that, in response to comments from Friends of the Rouge Watershed, the following amendments to the draft Rouge North Official Plan Amendment, be approved:

1. section 2.16.1 "Rouge North Management Area - Vision" amended to include the word 'protected'.

2. section 2.16.6f "General Policies" amended to include the word 'compatible'.

3. section 2.16.6n"General Policies" amended to include the words 'water budget'.

4. section 2.16.7f "Urban Policy Area" amended to include the words 'additional natural features which contribute to the significance of the Rouge Park'.

5. section 2.16.9d "Little Rouge Creek Policy Area" amended to include the words 'functional and sustainable';

And that the record of the Public Meeting held on February 18, 2003 with respect to the proposed amendment to the Official Plan be received;

And that section 2.16.1 of the Rouge North Official Plan Amendment be amended to include the word "special" in front of the word "place";

And that the minor revisions to the draft Rouge North Official Plan Amendment be accepted and that Council determine that adequate information has been provided to the public;

And that the revised draft Official Plan Amendment for Rouge North, attached as Appendix ‘A’ to staff report dated September 23, 2003, be adopted;

And that the Region of York be forwarded the Rouge North Official Plan Amendment for approval;

And that the Town of Markham endorse the ‘Rouge North Implementation Manual’, attached as Appendix ‘C‘ to the report received by Council on July 8, 2003, such endorsement to take effect upon final approval of the Rouge North Official Plan Amendment;

And further that the Province of Ontario, Region of York, Region of Durham, Rouge Park Alliance, Toronto and Region Conservation Authority, Town of Richmond Hill, Town of Whitchurch-Stouffville, Town of Pickering and City of Toronto be provided with a copy of the report and notice of adoption of the Official Plan Amendment.

(By-law 2003-299)

CARRIED AS AMENDED (9:0)

(See following recorded votes)

(See following motions to amend)

(See following motions to amend which were lost)

YEAS: Mayor D. Cousens, Deputy Mayor F. Scarpitti, Regional Councillor B. O'Donnell, Councillor S. Daurio, Councillor E. Shapero, Councillor J. Virgilio, Councillor J. Heath, Councillor D. Horchik, Councillor A. Chiu. (9)

ABSENT: Regional Councillor G. Landon, Regional Councillor T. Wong, Councillor G. McKelvey, Councillor K. Usman. (4)

Moved by Deputy Mayor F. Scarpitti

Seconded by Councillor J. Heath

That Clause (2) be amended to add the following as paragraph 8:

“And that, in response to comments from Friends of the Rouge Watershed, the following amendments to the draft Rouge North Official Plan Amendment, be approved:

1. section 2.16.1 "Rouge North Management Area - Vision" amended to include the word 'protected'.

2. section 2.16.6f "General Policies" amended to include the word 'compatible'.

3. section 2.16.6n"General Policies" amended to include the words 'water budget'.

4. section 2.16.7f "Urban Policy Area" amended to include the words 'additional natural features which contribute to the significance of the Rouge Park'.

5. section 2.16.9d "Little Rouge Creek Policy Area" amended to include the words 'functional and sustainable'."

CARRIED

Moved by Deputy Mayor F. Scarpitti

Seconded by Councillor J. Heath

That Clause (2) be amended to add the following as paragraph 6:

"And that section 2.16.1 of the Rouge North Official Plan Amendment be amended to include the word "special" in front of the word "place";"

CARRIED

Moved by Councillor E. Shapero

Seconded by Councillor J. Heath

That Clause (2) be amended to stipulate that infrastructure shall be avoided.

LOST (3:6)

(See following recorded vote which was lost)

(See following motion to defer which was lost)

YEAS: Deputy Mayor F. Scarpitti, Councillor E. Shapero, Councillor J. Heath. (3)

NAYS: Mayor D. Cousens, Regional Councillor B. O'Donnell, Councillor S. Daurio, Councillor J. Virgilio, Councillor D. Horchik, Councillor A. Chiu. (6)

ABSENT: Regional Councillor G. Landon, Regional Councillor T. Wong, Councillor G. McKelvey, Councillor K. Usman. (4)

Moved by Councillor D. Horchik

Seconded by Councillor S. Daurio

That the motion of Councillor E. Shapero and Councillor J. Heath be deferred and referred to staff for a report as soon as possible on the implications behind stipulating any infrastructure shall be avoided.

LOST (4:5)

(See following recorded vote which was lost)

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

NAYS: Mayor D. Cousens, Deputy Mayor F. Scarpitti, Councillor E. Shapero, Councillor J. Virgilio, Councillor J. Heath (5)

ABSENT: Regional Councillor G. Landon, Regional Councillor T. Wong, Councillor G. McKelvey, Councillor K. Usman. (4)

Moved by Regional Councillor B. O'Donnell

Seconded by Councillor A. Chiu

That Clause (2) be amended to approve the draft Official Plan Amendment for the Rouge North Management Plan and the matters highlighted by Friends of the Rouge Watershed be referred to staff for consideration.

LOST (3:6)

(See following recorded vote which was lost)

YEAS: Regional Councillor B. O'Donnell, Councillor D. Horchik, Councillor A. Chiu. (3)

NAYS: Mayor D. Cousens, Deputy Mayor F. Scarpitti, Councillor S. Daurio, Councillor E. Shapero, Councillor J. Virgilio, Councillor J. Heath. (6)

ABSENT: Regional Councillor G. Landon, Regional Councillor T. Wong, Councillor G. McKelvey, Councillor K. Usman. (4)

Moved by Councillor E. Shapero

Seconded by Councillor J. Heath

That Clause (2) be amended to add the words "on publicly owned lands" to section 2.16.6h of the draft Official Plan Amendment for the Rouge North Management Plan.

WITHDRAWN

(3) TENSTONE DEVELOPMENTS INC. (CIRCA @ TOWN CENTRE)
NORTHWEST CORNER OF HWY 7 AND TOWN CENTRE BLVD.
DEVELOPMENT AGREEMENT (SC 02110607) (10.19) Weblink

That the proposed Development Agreement between Tenstone Developments Incorporated, the Town of Markham and the Regional Municipality of York be authorized for execution on the basis of the staff report dated September 23, 2003, subject to finalizing details of the Agreement to the satisfaction of the Town Solicitor and the Commissioner of Development Services;

And that site plan condition A.10 of Phase 1 site plan approval, as adopted by Council on July 8, 2003, respecting permanent underground encroachments in municipal right-of-ways, be deleted, since the proposed Development Agreement will reflect the Town’s proposed policy for treatment of underground encroachments, to the satisfaction of the Director of Engineering.

(4) MARKHAM CENTRE SHORING ENCROACHMENT AGREEMENT
(8.9) Weblink

That the September 23, 2003 report entitled “Markham Centre, Shoring Encroachment Agreement”, be received;

That the encroachment of shoring into public right-of-way for development with underground structures be authorized subject to conditions satisfactory to the Town;

And that Mayor and Clerk to be authorized to execute the Shoring Encroachment Agreements to the satisfaction of the Town Solicitor and Director of Engineering.

CARRIED

(5) PLACES OF WORSHIP
OFFICIAL PLAN POLICIES AND PARKING STANDARDS (MI 441) (10.8)

That the deputations by Marilyn Ypes representing the Unionville Alliance Church, and Sean Lawrence of Kohn Architects on behalf of Temple Har Zion, regarding the Place of Worship Study, be received;

And that the Record of the Public Meeting held on September 23, 2003 with respect to a proposed amendment to the Official Plan incorporating new policies for places of worship, and the proposed amendment to By-law 28-97, as amended, to incorporate new parking standards for places of worship, be received;

And that staff be directed to finalize the proposed Official Plan Amendment, and the Amendment be adopted without further notice;

And that staff be directed to finalize the proposed amendment to By-law 28-97, as amended, and that the by-law be enacted without further notice;

And that, as the mandate of the Places of Worship Sub-committee has been completed, the Places of Worship Sub-committee be dissolved with thanks;

And that staff revisit the wording of the proposed amendments, prior to adoption, to address the comments received at the Public Meeting.

(By-laws 2003-300 & 2003-301)

CARRIED AS AMENDED

(See following motion to amend)

Moved by Councillor S. Daurio

Seconded by Councillor A. Chiu

That Clause (5) be amended to add the following as paragraph 5:

“And that, as the mandate of the Places of Worship Sub-committee has been completed, the Places of Worship Sub-committee be dissolved with thanks;”

CARRIED

(6) PLACES OF WORSHIP
COUNCIL SITE RESERVATION POLICY (10.8) Weblink

Council consented to substitute Appendix A attached hereto, dated September 30, 2003, entitled "Town of Markham Council Site Reservation Policy for Place of Worship Sites" for Appendix A attached to staff report, dated June 17, 2003, entitled "Recommendations of the Places of Worship Study: Future Policy Directions.”

That the written submission from Ben Quan of QX4 Investments Ltd., on behalf of Ruland Properties Inc., with comments regarding the site reservation policies, be received;

And that the Record of the Public Information Meeting held on September 23, 2003 with respect to proposed changes to the Council Site Reservation Policy for Places of Worship, be received;

And that the proposed Council Site Reservation Policy for Places of Worship, as set out in Appendix A attached hereto dated September 30, 2003, entitled "Town of Markham Council Site Reservation Policy for Place of Worship Sites" be endorsed.

CARRIED

(7) OTHER COMMITTEE PROCEEDINGS
- MINUTES OF DEVELOPMENT SERVICES
COMMITTEE MEETING – SEPTEMBER 23, 2003 (16.0)

That the Development Services Committee minutes dated September 23, 2003 be received.

CARRIED

6(d) REPORT NO. 61 - TRANSPORTATION COMMITTEE

Council consented to add Report No. 61 - Transportation Committee.

Council consented to separate Clause (9).

Moved by Councillor J. Virgilio

Seconded by Councillor A. Chiu

That Report No. 61 - Transportation Committee be received and adopted.

September 29, 2003

(1) TRAIL RIDGE LANE PARKING PROHIBITION (5.12.4) Weblink

That Schedule 1 of Parking By-law 336-88, be amended to include a No Parking Prohibition on the south side of Trail Ridge Lane, from McCowan Road to Twin Oaks Drive;

And that the attached by-laws be approved;

And that the Operations and Asset Management Department be directed to install the appropriate signs upon approval of the attached by-law.

(By-law 2003-305)

(2) MANHATTAN DRIVE PARKING PROHIBITION (5.12.4) Weblink

That Schedule 1 of Parking By-law 336-88, be amended to include a No Parking Prohibition on Manhattan Drive, from the south leg of Burndenford Crescent to a point 170 metres north to the property line of #176 and #178 Manhattan Drive;

And that the attached by-laws be approved;

And that the Operations and Asset Management Department be directed to install the appropriate signs upon approval of the attached by-law.

(By-law 2003-306)

(3) CORNELL - HEAVY TRUCK TRAFFIC PROHIBITION (5.12) Weblink

That the attached by-law to amend Schedule 14 of Traffic By-law Number 106-71, by including a Heavy Truck Traffic Prohibition on the following streets be approved:

- White’s Hill Avenue, in its entirety

- Almira Avenue, in its entirety

- Christian Reesor Park Avenue, in its entirety

- Donald Sim Avenue, in its entirety

- Cornell Meadows Avenue, in its entirety

- Cornell Park Avenue, in its entirety

- The Meadows Avenue, in its entirety

- Settlement Park Avenue, in its entirety

- Riverlands Avenue, in its entirety

- Country Glen Road, in its entirety

And that the Operations and Asset Management Department be authorized to install Heavy Truck Traffic Prohibition signs upon approval of the by-law;

And that the York Region Police Force be requested to enforce the Heavy Truck Traffic Prohibition upon approval of the attached by-law amendment and installation of the appropriate signage.

(By-law 2003-307)

(4) AMEND SCHEDULE 19 OF TRAFFIC BY-LAW 106-71
TO INCLUDE GOLDEN AVENUE AND FONDA ROAD
TRAFFIC CONTROL SIGNAL (5.12.1) Weblink

That the attached by-law to amend Schedule 19 of Traffic By-law 106-71, pertaining to “Traffic Control Signals”, by including the traffic control signal at the intersection of Golden Avenue and Fonda Road, be approved.

(By-law 2003-308)

(5) REQUEST FOR SINGLE FARE ZONE FOR
GO TRANSIT IN MARKHAM (5.14.2) Weblink

That the report entitled “Request for Single Fare Zone for GO Transit in Markham” be received;

And that the following resolution requesting GO Transit to consider a single fare zone across Markham be adopted:

Whereas, The Town of Markham is concerned regarding the lack of parking spaces at the Markham, Centennial and Unionville GO stations;

And whereas the Town of Markham wishes to encourage residents to use all available spaces including the vacant spaces at Mount Joy station;

Now therefore be it resolved that the Town of Markham requests the GO Board to make the Mount Joy and Markham Main Street GO stations part of the same fare zone;

And that GO Transit in conjunction with York Region Transit undertake additional efforts to market/promote the GO Shuttle service.

(6) RAPID TRANSIT - NETWORK CONFIGURATION (5.14) Weblink

That Council endorse the Region of York/YRTP rapid transit network configuration concept and strategy subject to the following conditions;

(i) That YRTP and Region of York undertake further discussions with Town staff upon completion of the Markham Highway 7 landuse study to revisit the possibility of extending the LRT east of Unionville

(ii) That YRTP and Region of York work closely with Town staff in reviewing the ridership thresholds prior to 2011 that would warrant the conversion of BRT to LRT along the rapid transit corridors in Markham as noted in the Network Configuration Report.

And that a copy of Council’s decision be forwarded to the Region of York and YRTP

(7) YONGE STREET RAPID TRANSIT EA (5.7, 5.14) Weblink

That Council endorse the draft EA for the Yonge Street Rapid Transit Project subject to the following conditions:

i) The Region and YRTP continue to work with Town staff to finalize the Thornhill Yonge Street Study and an implementation strategy;

ii) The Region and YRTP continue to work with Town staff and the Langstaff Ratepayers Association to finalize the plans for the Operations and Maintenance facility and ensure compatibility with the Langstaff landuse study;

iii) The Region and YRTP monitor traffic volumes on local roads and work with Town staff to develop appropriate mitigating measures including but not limited to traffic calming and traffic operational changes;

iv) That the Town, City of Vaughan, the Region and YRTP hold further discussions regarding the implementation and financing of burying Hydro lines within the Thornhill Yonge Street Study Area.

And that a copy of Council’s decision be sent to the Region of York.

(8) CYCLING AND PEDESTRIAN
ADVISORY COMMITTEE (CPAC) (16.34) Weblink 1

That the Terms of Reference for the proposed Town of Markham Cycling and Pedestrian Advisory Committee (CPAC) be adopted;

And that additional resources and budget to manage the CPAC in combination with the development of the bicycle implementation plan be considered in the 2004 budget process;

And that subject to the 2004 operating budget consideration, engineering staff be authorized to establish a Town of Markham Cycling and Pedestrian Advisory Committee (CPAC) in accordance with the details outlined in the attached terms of reference;

And that CPAC contain one member of the Markham Conservation Committee;

And that staff further report on the staffing requirements in the 2004 budget report.

CARRIED

(9) ELIMINATION OF WHISTLING AT RAILWAY CROSSINGS (5.13) Weblink

That the Director of Engineering be requested to formally initiate the procedures to request CN Rail to eliminate whistling along the Uxbridge Subdivision from Steeles Avenue to Major Mackenzie Drive;

And that funds in the amount of $22,500 be used for the purposes of carrying out safety audits, with another $100,000 to be considered in the 2004 budget for implementing the safety infrastructure at the railway crossings along the Uxbridge Subdivision from Steeles Avenue to Major Mackenzie Drive, as required by CN Rail procedures;

And that the Region of York be requested to initiate the process and request CN Rail to eliminate whistling at the crossings of the Uxbridge Subdivision at 14^th Avenue, Highway 7, 16^th Avenue and Major Mackenzie Drive;

And that the City of Toronto be requested to initiate the process and request CN Rail to eliminate whistling at Uxbridge Subdivision and Steeles Avenue crossing;

And that subject to budget approval in 2004, staff report back on the results of the safety audits and an updated cost to implement the required safety infrastructure to eliminate whistling at the specified crossings;

And that staff provide Committee with copies of the documentation that created a no-whistling zone in Thornhill;

And that further funds be considered in 2004 for the purposes of carrying out safety audits and implementing the safety infrastructure at all remaining railway crossings in the Town of Markham as required by CN Rail procedures.

CARRIED

(10) TENDER FOR 2002/2003
TRAFFIC CALMING PROJECTS (5.12, 7.12.2) Weblink

That staff undertake further discussions with YRT regarding their September 11, 2003 Policy in reference to traffic calming on transit routes and report back;

And that YRT be requested to form the task force as noted at their September 11, 2003 transit committee meeting as soon as possible;

And that YRT be requested to make a presentation to Markham Transportation Committee with an update of their traffic calming policy as soon as possible;

And that the implementation of the 2002/2003 traffic calming measures already approved continue subject to the re-tendering process.

CARRIED

7. MOTIONS

(1) COUNCIL MINUTES AMENDMENT
- JULY 8, 2003 (16.23)

Moved by Councillor J. Virgilio

Seconded by Councillor J. Heath

That the adopted minutes of the Council meeting held on July 8, 2003, Report No. 47, Clause 9, be amended to reflect that Councillor J. Virgilio voted against the application submitted by Ruland Properties Inc. (The Remington Group) for the Markham Centre precinct plan, draft plan of subdivision and zoning by-law amendments.

CARRIED

8. COMMUNICATIONS

Council consented to add Communication No. 229-2003.

Moved by Councillor A. Chiu

Seconded by Regional Councillor B. O'Donnell

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

Received

225-2003 Ministry of Transportation - Advising that Blocks 25, 26 & 27 on Plan 65M-3634 have been assumed by the Ministry as of April 30, 2003 (Highway 48 road widening at Bur Oak Avenue.) (13.2.7 & 5.10)

Referred to all Members of Council

226-2003 Liquor Licence Application - Request to complete the Alcohol and Gaming Commission Municipal Information for a Retail Store Authorization for Wine Rack at Sobeys store located at 9580 McCowan Road, Building G. (3.21)

227-2003 Liquor Licence Application - Request to complete the Alcohol and Gaming Commission Municipal Information Form for Panda Buffet, 7335 Yonge Street, Unit B, Markham (indoor). (3.21)

228-2003 Proclamation - October 20 to 26, 2003 - Ontario Public Library Week. (3.4).

Referred to Commissioner of Development Services

229-2003 Urban Development Institute/Ontario - Forwarding comments with respect to the Rouge North Official Plan Amendment. (10.3)

CARRIED

9. OTHER BUSINESS

Council consented to separate Other Business (1).

Moved by Councillor J. Heath

Seconded by Councillor S. Daurio

That Other Business - Clause (1) be received and adopted.

(1) POTENTIAL SURPLUS PROPERTY AND DISPOSAL
PART OF OLD 16TH AVENUE, EAST OF NINTH LINE,
MARKHAM (8.5)

NOTICES OF PROPOSED SALE
TOWN OF MARKHAM
PROPOSED SALE OF SURPLUS REAL PROPERTY
(Pursuant to By-law 178-96)

That notice of the proposed disposition of Part of Old 16th Avenue, shown as Parts, 5, 6, 8 and 20 on Plan 65R-14883, containing a total of 4.0+- acres, be confirmed.

(Clause 13, Report No. 59, 2003)

CARRIED

(Councillor J. Virgilio abstained)

Moved by Councillor A. Chiu

Seconded by Councillor S. Daurio

That Other Business - Clause (2) be received and adopted.

(2) DESIGNATION UNDER PART IV OF THE ONTARIO HERITAGE ACT
7273 14^TH AVENUE, 7277 14^TH AVENUE,
7399 REESOR ROAD, 7401 REESOR ROAD,
7450 REESOR ROAD, 7551 REESOR ROAD,
7632 HIGHWAY #7, 9035 REESOR ROAD,
9529 REESOR ROAD, 9829 9^TH LINE, 7877 HIGHWAY #7,
7867 HIGHWAY #7, 7861 HIGHWAY #7, 7218 REESOR ROAD,
8992 REESOR ROAD, 7914 14^TH AVENUE, 7295 REESOR ROAD,
8847 REESOR ROAD, CEDARENA, THE WURTZ CEMETERY,
AND THE REESOR PIONEER CEMETERY (16.11.3)

That the letters dated 3 July from Mr. Ron Dewall on behalf of Toronto and Region Conservation, Mr. John Contestabile on behalf of Ontario Realty Corporation, and Mr. Ron Christie on behalf of the Rouge Park Alliance submitting objections to some or all of the above listed properties as properties of architectural and/or historic interest or value under Part IV of the Ontario Heritage Act, R.S.O. 1990 Chapter 0.18, be received and such matter be referred to the Review Board for a hearing and report.

(Clause 3, Report No. 37, 2003)

CARRIED

10. BY-LAWS

Council consented to add By-laws 2003-305 to 2003-308.

Moved by Councillor A. Chiu

Seconded by Councillor J. Heath

That By-laws 2003-297 to 2003-308 be given three readings and enacted.

Three Readings

BY-LAW 2003-297 A by-law to authorize the execution of a Release and Abandonment of a Storm Sewer Easement to the Markham Chinese Baptist Church for lands legally described as Part of Lot 18, Concession 3, designated as Parts 15 and 16, Plan 65R-17583.
(Clause 1, Report No. 59, 2003)

BY-LAW 2003-298 A by-law to authorize the execution of a Transfer/Deed of Land to Forest Bay Homes Limited for lands legally described as Part of Block 43, Plan 65M-3425, designated as Part 6, Plan 65R-26144 for a Place of Worship (Highglen Avenue & Highway 48.)
(Clause 12, Report No. 59, 2003)

BY-LAW 2003-299 A by-law to adopt Official Plan Amendment No. 116 (Rouge North Official Plan Amendment).
(Clause 2, Report No. 60, 2003)

BY-LAW 2003-300 A by-law to adopt Official Plan Amendment No. 115 (To incorporate new policies for Places of Worship.)
(Clause 5, Report No. 60, 2003

BY-LAW 2003-301 A by-law to amend By-laws 1229, 1442, 1507, 1767, 1914, 2053, 2150, 2237, 2284-68, 2402, 2489, 2551, 2571, 2612, 11-72, 122-72, 77-73, 83-73, 84-73, 119-73, 151-75, 88-76, 127-76, 250-77, 145-78, 162-78, 163-78, 184-78, 72-79, 91-79, 118-79, 134-79, 153-80, 165-80, 72-81, 90-81, 108-81, 193-81, 221-81, 28-82, 194-82, 196-82, 47-85, 304-87, 19-94 and 177-96, as amended by 28-97, as amended (To incorporate new parking standards for Places of Worship.)
(Clause 5, Report No. 60, 2003)

BY-LAW 2003-302 A by-law to amend Zoning By-law 108-81, as amended (Jevlan Properties Partnership, 560 Denison Street - To add certain commercial uses, including retail and restaurants to the list of permitted uses.)
(Clause 5, Report No. 56, 2003)

BY-LAW 2003-303 A by-law to amend Zoning By-law 1229, as amended (1302336 Ontario Ltd., 165 Main Street North - To permit commercial office uses.)
(Clause 9, Report No. 52, 2003)

BY-LAW 2003-304 A by-law to confirm the proceedings of the Council meeting of September 30, 2003.
(Council Meeting No. 19, 2003)

BY-LAW 2003-305 A by-law to amend Parking By-law 336-88 (Trail Ridge Lane Parking Prohibition.)
(Clause 1, Report No. 61, 2003)

BY-LAW 2003-306 A by-law to amend Parking By-law 336-88 (Manhattan Drive Parking Prohibition.)
(Clause 2, Report No. 61, 2003)

BY-LAW 2003-307 A by-law to amend Traffic By-law 106-71 (Cornell Heavy Truck Traffic Prohibition - White’s Hill Avenue, Almira Avenue, Christian Reesor Park Avenue, Donald Sim Avenue, Cornell Meadows Avenue, Cornell Park Avenue, The Meadows Avenue, Settlement Park Avenue, Riverlands Avenue & Country Glen Road.)
(Clause 3, Report No. 61, 2003)

BY-LAW 2003-308 A by-law to amend Traffic By-law 106-71 (Golden Avenue and Fonda Road Traffic Control Signal.)
(Clause 4, Report No. 61, 2002)

CARRIED

11. ADJOURNMENT

Moved by Councillor A. Chiu

Seconded by Councillor J. Heath

That the meeting do adjourn.

CARRIED

Council adjourned at 8:35 p.m.

___________________________________ ___________________________________

SHEILA BIRRELL, TOWN CLERK DON COUSENS, MAYOR

(Signed)