2003-12-16

COUNCIL MINUTES  Council Chamber, Civic Centre

 

(Canada Room)

COMMITTEE OF THE WHOLE

 

ROLL CALL

Mayor D. Cousens, Deputy Mayor F. Scarpitti, Regional Councillor J. Heath, Regional Councillor J. Jones, Regional Councillor B. O'Donnell (12:05 p.m.), Councillor S. Daurio, Councillor E. Shapero (11:45 a.m.), Councillor G. McKelvey (12:35 p.m.), Councillor J. Webster, Councillor K. Usman (11:45 a.m.), Councillor A. Chiu. (11)

 

Regrets

Councillor J. Virgilio, Councillor D. Horchik. (2)

 

 

Moved by Councillor A. Chiu

Seconded by Councillor J. Webster

 

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

 

(1)        Rohini Sharma - 52 Nelson Street, Markham, Ontario Municipal Board – Appeal Committee of Adjustment File No. A/106/03 (8.0 & 13.13)

(2)        Ubaldo Giordani & Iolanda Giordani - 144 Helen Avenue - Li Ying Cai & Chun Lin Xu - 138 Helen Avenue - Ontario Municipal Board – Appeals Committee of Adjustment File No. B/24/03 And B/25/03
And
Nicola & Guiditta Villanti, Ubaldo & Yolanda Giordani & Li Ying Cai & Chun Lin Xu (Remo Chiavatti) Part Lot 10, Concession 6, Zoning By-Law No. 2001-267 And 2001-268 (8.0 & 13.13)

(3)        Deborah Louise Kelly - 15 Ida Street, Thornhill, Ontario Municipal Board – Appeal Committee of Adjustment File No. A/14/03 ((8.0 & 13.13)

(4)        Remainder of Site Reserved for Place of Worship Conveyance to Forest Bay Homes Limited, Part of Block 43, Plan 65M-3425, designated as Plan 6, Plan 65R-26144 (Highglen Avenue and Highway 48) (8.5 & 10.8)

(5)        Angus Glen Community Centre and Library Proposed Settlement of Claim by Laven Associates Limited (8.0 & 6.6)

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

(7)        Hydro City of Vaughan, Town of Markham & Town of Richmond Hill (13.7)

(8)        2004 Water/Wastewater Rate Increase (5.3 & 5.5)

(9)        Designation Under Part Iv of The Ontario Heritage Act The Captain Robert Reesor House, 8042 Reesor Road (16.11.3)

(10)      International Stone Sculpture Symposium - 2004 - Varley Art Gallery (6.5 & 6.12)

(11)      Property Tax Reduction Program for Heritage Properties (7.3 & 16.11)  

(12)      Markham Museum Implement Building Collections Move (6.7 &7.6)

(13)      Committee Appointments Mayor's Senior Award Committee (16.24)

(14)      Economic Alliance with Singapore and Sri Lanka (12.2.6)

 

CARRIED

 

 

The Regular Meeting of Council was held on December 16, 2003 at 1:00 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 J. Heath, Regional Councillor J. Jones, Regional Councillor B. O'Donnell, Councillor S. Daurio, Councillor E. Shapero, Councillor J. Virgilio, Councillor G. McKelvey, Councillor J. Webster, Councillor K. Usman, Councillor A. Chiu. (12)

 

Regrets

Councillor D. Horchik. (1)

 

 

 

STAFF

J. Livey, Chief Administrative Officer

S. Birrell, Town Clerk

C. Conrad, Town Solicitor

B. Cribbett, Treasurer

P. Miller, Manager, Secretariat Services

B. Nanninga, Executive Assistant

J. Sales, Commissioner of Community and Fire Services

V. Shuttleworth, Director of Planning and Urban Design

A. Taylor, Commissioner of Corporate Services

 

 

 

1.         DISCLOSURE OF PECUNIARY INTEREST

 

None declared.

 

 

 

2.         REPORT OF THE COMMITTEE OF THE WHOLE

 

Council consented to separate Clause (11).

 

Moved by Councillor K. Usman

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)        ROHINI SHARMA - 52 NELSON STREET, MARKHAM
            ONTARIO MUNICIPAL BOARD – APPEAL
            COMMITTEE OF ADJUSTMENT FILE NO. A/106/03 (8.0 & 13.13)

 

That the Town Solicitor and Planning staff be instructed to appear before the Ontario Municipal Board on a hearing of an appeal from the Committee of Adjustment's decision refusing a minor variance application respecting 52 Nelson Street.

 

 

(2)        UBALDO GIORDANI & IOLANDA GIORDANI - 144 HELEN
            AVENUE - LI YING CAI & CHUN LIN XU - 138 HELEN
            AVENUE - ONTARIO MUNICIPAL BOARD – APPEALS
            COMMITTEE OF ADJUSTMENT FILE NO. B/24/03 AND B/25/03
            AND
            NICOLA & GUIDITTA VILLANTI, UBALDO & YOLANDA
            GIORDANI & LI YING CAI & CHUN LIN XU (REMO CHIAVATTI)
            PART LOT 10, CONCESSION 6
            ZONING BY-LAW NO. 2001-267 AND 2001-268 (8.0 & 13.13)

 

That the Town's Zoning By-laws Nos. 2001-267 and 2001-268 be modified as outlined in Appendix "B" to the staff report dated December 8, 2003, without further notice;

 

And that the Ontario Municipal Board be requested to approve Town of Markham Zoning By-laws No. 2001-267 and 2001-268, as modified herein;

 

And that the Town Solicitor and Planning staff be instructed to appear before the Ontario Municipal Board to settle the appeals from the Committee of Adjustment's decision imposing further conditions respecting approved severances in connection with 138 and 144 Helen Avenue;

 

And that this report be made public, subject to Council authorizing the above.

 

(3)        DEBORAH LOUISE KELLY - 15 IDA STREET, THORNHILL
            ONTARIO MUNICIPAL BOARD – APPEAL
            COMMITTEE OF ADJUSTMENT FILE NO. A/14/03 ((8.0 & 13.13)

 

That the Town Solicitor be instructed to not attend the Ontario Municipal Board hearing respecting a minor variance appeal for 15 Ida Street, Thornhill.

 

 

(4)        REMAINDER OF SITE RESERVED FOR PLACE OF WORSHIP
            CONVEYANCE TO FOREST BAY HOMES LIMITED
            PART OF BLOCK 43, PLAN 65M-3425, DESIGNATED AS
            PLAN 6, 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.

(By-law 2003-343)

 

 

(5)        ANGUS GLEN COMMUNITY CENTRE AND LIBRARY
            PROPOSED SETTLEMENT OF CLAIM BY LAVEN
            ASSOCIATES LIMITED (8.0 & 6.6)

 

That the Town Solicitor's report entitled "Angus Glen Community Centre and Library - Proposed Settlement of Claim by Laven Associates Limited", be received;

 

And that the direction to staff regarding the settlement of claim be confirmed.

 

 

(6)        MARKHAM PROFESSIONAL FIRE FIGHTERS
            ASSOCIATION - NEGOTIATIONS (11.6)

 

That the verbal update from the Commissioner of Community and Fire Services regarding the Markham Professional Fire Fighters Association negotiations be received.

 

 

(7)        HYDRO CITY OF VAUGHAN, TOWN OF MARKHAM
            TOWN OF RICHMOND HILL (13.7)

 

That the status report on Vaughan, Markham and Richmond Hill hydro matters be received.

 

 

(8)        2004 WATER/WASTEWATER RATE INCREASE (5.3 & 5.5)

            Weblink        By-Law

 

That the report dated December 16, 2003 entitled "2004 Water/Wastewater Rate Increase" be received;

 

And that the Town of Markham's water/wastewater rate be increased by $0.0610 per cubic meter effective January 1, 2004 to a total of $1.2810 per cubic metre;

 

And that By-law 2002-276, the by-law on fees and charges for services or activities provided or performed by the Town of Markham, be amended to reflect the increase in water/wastewater rates.

(By-law 2003-340)

 

 

(9)        DESIGNATION UNDER PART IV OF THE            
            ONTARIO HERITAGE ACT
            THE CAPTAIN ROBERT REESOR HOUSE, 8042 REESOR ROAD
            (16.11.3)   Weblink

 

That Heritage Markham’s recommendation to designate the Captain Robert Reesor House at 8042 Reesor Road under Part IV of the Ontario Heritage Act be approved;

 

And that the Clerks Department be authorized to:

 

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

·        prepare the Designation By-law for this property;

 

And that the Province of Ontario be requested to enter into a heritage conservation easement agreement with the Town, prior to the transfer of the property from Provincial ownership.

 

 

(10)      INTERNATIONAL STONE SCULPTURE
            SYMPOSIUM - 2004 - VARLEY ART GALLERY (6.5 & 6.12)   Weblink

 

That the Town accept the organizer's decision to defer the International Stone Sculpture Symposium (ISSS), originally to be held in the summer of 2004, to the summer of 2005;

 

And that the Memorandum of Understanding between Echo Research Institute and the Town of Markham be amended to change the date of occurrence to the summer of 2005, and establish October 31, 2004 as the date by which financial sustainability must be demonstrated to the satisfaction of the Town in order for the event to proceed on Town owned lands;

 

And that no funds, either as a grant, loan or letter of guarantee, be advanced to Echo Research Institute at this time.

 

CARRIED

 

 

(11)      PROPERTY TAX REDUCTION PROGRAM
            FOR HERITAGE PROPERTIES (7.3 & 16.11)     Weblink

 

That the Town of Markham implement a Heritage Property Tax Reduction Program effective January 1, 2003 under the provisions of Section 365.2 of the Municipal Act, 2001 to provide tax relief for eligible heritage properties as defined in the Act and in the by-law attached to this report;

 

And that the criteria for eligibility in the heritage tax reduction program include the following:

1. To meet Provincial requirements an eligible heritage property must be designated as a property of cultural heritage value or interest under Part IV of the Ontario Heritage Act or it must be part of a heritage conservation district under Part V of the Ontario Heritage Act; and, in either case, the property must be subject to a heritage easement agreement under section 22 or 37 of the Ontario Heritage Act; and   
2. To meet Town of Markham requirements, an eligible property/building must meet all of the following additional eligibility criteria to the satisfaction of the Commissioner of Development Services:

a.                   Be classified as a Group 1 or Group 2 structure as evaluated by Heritage Section staff using the Town of Markham’s ‘Evaluating Heritage Resource’ document; and

b.                  Be in a good and habitable condition.

3. If only a portion of a property (building and land) is deemed to be of cultural heritage value, Town staff would determine that proportion for the purposes of the application and forward the application to the Municipal Property Assessment Corporation for an assessed value of the portion;
4. A heritage easement agreement must be in place by December 31 of the taxation year for which relief is sought except for 2003 in which case the heritage easement agreement must be in place no later than July 31, 2004; 
5. The property must not be the subject of any Town by-law contraventions, work orders or other outstanding municipal requirements as of the date the application is made;
6. The amount of the annual heritage tax rebate be set at 30% of taxes payable on the eligible property;
7. There are no outstanding municipal fines, arrears of taxes, fees or penalties assessed against the property.

 

And that Council support the elimination of the agreement preparation fees associated with heritage conservation easement agreements to encourage property owners to enter into these forms of agreements as part of Markham’s commitment to preserving its local heritage resources;

 

And that the heritage tax reduction will be applied to taxes as levied, or as reduced on a reconsideration or assessment appeal;

 

And that the Town of Markham’s Fees and Charges Bylaw 2002- 276 be amended to reflect the elimination of the easement agreement fees and to include the heritage tax reduction application fee;

 

And that the application fee of 20% of the annual heritage reduction for the initial year of application and the application fee of 10% of the annual heritage tax reduction for each renewal period (every third year) be deducted from the total annual heritage tax reduction amount once calculated;

 

And that the Heritage Tax Reduction shall be repaid by the owner in full for every year for which there are outstanding municipal by-law contraventions, work orders, penalties, fees, arrears of taxes, fines or other outstanding municipal requirements;

 

And that staff report annually to Council on the program and include elements such as the number of applications, costs and resource requirements; 

 

And that the Regional Municipality of York be requested to pass its own heritage tax reduction by-law to account for its share of the total taxes, failing which the 30% reduction in taxes would be limited to the Town and education components;

 

And that the necessary by-laws be enacted.

(By-laws 2003-341 and 2003-342)

 

CARRIED

(See following motion to defer which was Lost)

 

 

            Moved by Regional Councillor J. Jones

            Seconded by Regional Councillor J. Heath

 

            That Clause (11) of the Committee of the Whole Report be deferred and referred for consideration at the January 19, 2004 Finance and Administrative Committee meeting.

 

LOST

 

 

(12)      MARKHAM MUSEUM IMPLEMENT BUILDING
            COLLECTIONS MOVE (6.7 &7.6)

 

That the verbal update by the Director, Recreation and Culture Services on additional costs for the Markham Museum Implement Building collections move, be received;

 

And that the report from staff regarding costs in connection with the Markham Museum Implement Building collections move, be received;

 

And that the report entitled "Markham Museum Implement Building Collections Move", be received;

 

And that, in order to expedite the moving and safe interim storage for museum collections until a permanent solution is determined, the $200,000 interest-free loan approved by Council at its meeting held on September 22, 2003, for the construction of a workshop, storage and rehearsal facility at the Markham Museum site, be increased by $58,830;

 

And that the Markham Little Theatre repay the loan with equal annual payments over the next eighteen (18) years beginning on the first draw.

 

 

(13)      COMMITTEE APPOINTMENTS
            MAYOR'S SENIOR AWARD COMMITTEE (16.24)

 

Mayor's Senior Award Committee

That one advertisement be placed in the newspapers to obtain applications from interested individuals for the Mayor's Senior Award Committee;

 

And that appointments to the Mayor's Senior Award Committee be considered with all other 2004 advisory committee appointments;

 

Budget Sub-committee

And that the following Councillors be appointed to the Budget Sub-committee for a term to expire November 30, 2006:

 

                        Councillor D. Horchik, Chair

                        Deputy Mayor F. Scarpitti

                        Regional Councillor J. Jones

                        Regional Councillor J. Heath

                        Councillor A. Chiu

                        Councillor S. Daurio

                        Councillor E. Shapero

                        Councillor K. Usman;

 

Day Care Committee

And that the following appointments to the Day Care Committee for a term to expire March 31, 2004, be confirmed:

 

                        Courtney Chang

                        Cathy McKnight

                        Alene Swan

                        Tammy Roth 004

                        Helen Soehner

                        Michelle Alley

                        Graeme Allan

                        Susy Martino

                        Shawna Sheldon

                        Rick Tuzi

 

Finance and Administrative Committee

And that Councillor A. Chiu be appointed to the Finance and Administrative Committee for a term to expire November 30, 2006;

 

German Mills Community Centre Board

And that the following appointments to the German Mills Community Centre Board for a term expiring December 31, 2004, be confirmed:

 

                        Erin Cattral

                        Kathy Branny

                        Stan Solomon

                        Eileen Carter

                        Helen Duffy

                        Myra Bechtel

 

Markham Race Relations Committee

And that the following Members of Council be appointed to the Markham Race Relations Committee for a term to expire November 30, 2006:

 

      Deputy Mayor F. Scarpitti

      Councillor E. Shapero

      Councillor K. Usman;

 

Safe Streets Task Force

And that the following Members of Council be appointed to the Safe Streets Task Force:

 

      Councillor A. Chiu

      Councillor J. Webster

      Councillor K. Usman, Chair of Transportation Committee;

 

Victoria Square Community Centre Board

And that the following appointments to the Victoria Square Community Centre Board for a term expiring December 31, 2004, be confirmed:

           

                        Gord Combdon

                        Edith Friedel

                        Joy Mortson

                        Jean McCron

                        Ruth Brock

                        James Barker;

 

And that Deputy Mayor F. Scarpitti be appointed as ex-officio on all Town of Markham committees.

 

 

(14)      ECONOMIC ALLIANCE
            WITH SINGAPORE AND SRI LANKA (12.2.6)

 

That Mayor Cousens be authorized to meet with and extend best wishes to the Mayors of Singapore and Colombo and to establish an economic alliance with Singapore and Sri Lanka.

 

 

Moved by Councillor K. Usman

Seconded by Councillor A. Chiu

 

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

 

CARRIED

 

 

 

3.         MINUTES

 

(1)        COUNCIL MINUTES
            - NOVEMBER 25 AND DECEMBER 2, 2003

 

Moved by Councillor A. Chiu

Seconded by Councillor E. Shapero

 

That the Minutes of the Council Meetings held on November 25 and December 2, 2003, be adopted.

 

CARRIED

 

4(a)      REPORT NO. 67 - FINANCE & ADMINISTRATIVE COMMITTEE

 

Council consented to separate Clause 5.

 

Moved by Councillor S. Daurio

Seconded by Councillor K. Usman

 

That Report No. 67 - Finance & Administrative Committee be received and adopted.

 

December 8, 2003

 

(1)        2004 CHINESE NEW YEAR CELEBRATIONS
            JANUARY 25-26, 2004 - REQUEST FOR GRANT
            CANADIAN ASIAN BUSINESS INFORMATION NETWORK (12.2.6 & 7.6)

 

That the deputation of Ms. Grace Wong, on behalf of the Canadian Asian Business Information Network, regarding the 2004 Chinese New Year Celebrations, be received;

 

And that a grant in the amount of $5,000.00 be approved for the 2004 Chinese New Year Celebrations;

 

And that such funds be assigned to the 2004 Grants Budget.

 

 

(2)        2004 INTERIM TAX LEVY AND BYLAW (7.3)   Weblink

 

That Council authorize an interim tax levy for 2004;

 

And that the by-law attached to the staff report dated December 8, 2003 be passed to authorize the 2004 interim tax levy.

(By-law 2003-344)

 

 

(3)        GRANTING PERMISSION FOR THE REPRINTING OF
            TOWN OWNED MATERIAL (2.0 & 12.2.6)   

 

That Council grant Stephen M. Wheeler of the University of New Mexico permission to reprint the Town-owned graphic of OPA 5 lands in his book entitled "Planning for Sustainability", provided the Town receives an appropriate acknowledgement in the publication;

 

And that staff be directed to continue efforts on developing an Intellectual Property Policy dealing with Town-copyrighted materials.

 

 

(4)        BODY-RUB PARLOUR BY-LAW AMENDMENT (2.0)  Weblink

 

That By-law No. 2002-292, "A By-law Respecting the Licensing and Inspection of Body-rub Parlours and Attendants and Complementary Health Care Service Providers and Attendants", be amended as per Schedule "B", attached to the staff report dated December 8, 2003.

(By-law 2003-345)

 

CARRIED

 

 

(5)        PROCEDURAL BY-LAW NO. 2001-1
            PROPOSED AMENDMENTS (16.23)  Weblink

 

That By-law No. 2001-1, as amended, (the Procedural By-law) be amended to:

 

• Add to section 1 "Definitions" the following:

 

""Meeting" means a gathering of council, committee and/or board members for which quorum is required in order to make a decision or to deliberate toward a decision on any matter over which it has jurisdiction.  This does not include participation as workshops or conferences."

 

And that the following proposed amendment be referred to the next meeting of the Finance & Administrative Committee scheduled for January 19, 2004:

 

• Add to section 3.14:

 

"3) Every substantive motion, duly moved and seconded, included in the Orders of the Day shall be accompanied by a staff report or deferred to a subsequent meeting when a report is available."

(By-law 2003-346)

 

CARRIED

 

 

(6)        MARKHAM MUSEUM MASTER PLAN/ACQUISITION
            OF HISTORIC CONKLIN CARNIVAL ARTEFACTS (6.7)

 

That the Markham Museum Master Plan/Acquisition of Historical Conklin Carnival Artefacts report be received;

 

And that Museum staff approach Conklin with a request to extend his offer to sell the carousel to the Town;

 

And that the incorporation of the carousel be assessed during the Museum Master Plan process.

 

(7)        OTHER COMMITTEE PROCEEDINGS
            - MINUTES OF FINANCE & ADMINISTRATIVE
            COMMITTEE MEETING – DECEMBER 8, 2003 (16.0) 

 

That the Finance & Administrative Committee minutes dated December 8, 2003 be received.

 

CARRIED

 

 

 

4(b)      REPORT NO. 68 - DEVELOPMENT SERVICES COMMITTEE

 

Council consented to separate Clauses (7), (9) & (10).

 

Moved by Councillor G. McKelvey

Seconded by Regional Councillor B. O'Donnell

 

That Report No. 68 - Development Services Committee be received and adopted.

 

December 9, 2003

 

(1)        ACCEPTANCE FOR MAINTENANCE OF RESIDENTIAL
            SUBDIVISIONS (REGISTERED PLAN NUMBERS 65M-3216,
            65R-19927, 65M-3390, 65R-23109, 65R-21791, 65M-3243, 65M-3244
            AND 65M-3507 ENGINEERING FILE: #2126, #2144 AND #3043  (10.7)    Weblink

 

That the services in Subdivision, Registered Plan Numbers 65M-3216, 65R-19927, 65M-3390, 65R-23109, 65R-21791, 65M-3243, 65M-3244 and 65M-3507, be accepted.

 

And that by-laws be enacted by Council to accept these subdivisions and to establish each of the roads within the residential subdivisions as a public highway of the Town of Markham;

 

And that the Community Services Commission assume the responsibility for operating and maintaining the infrastructure within the Subdivisions as part of the Town’s system;

 

And that acceptance of the Subdivisions be taken into consideration in future operating budgets;

 

And that the by-law to amend Schedule ‘12’ of Traffic By-law # 106-71, by including compulsory stop to the indicated streets, be approved;

 

And that the by-law to amend Schedule ‘A’ of the Speed By-law # 105-71, by including a maximum speed of 40 kilometers per hour for the streets indicated, be approved;

 

And that the by-law to amend Schedule 1 of the Parking By-law 336-88, by including no parking on the streets indicated be approved;

 

And that the Mayor and Clerk be authorized to execute the necessary releases from the terms of the Subdivision Agreements, subject to confirmation from the Director of Engineering that the final two year guarantee periods have been completed.

(By-laws 2003-347 to 2003-352)

 

 

(2)        DESIGNATION UNDER PART IV OF THE ONTARIO HERITAGE ACT
962659 ONTARIO LIMITED, THE SANDERSON STORE AND RESIDENCE
8966 WOODBINE AVENUE, BUTTONVILLE (16.11.3)    Weblink

 

That the “Sanderson Store and Residence” at 8966 Woodbine Avenue be approved for designation under Part IV of the Ontario Heritage Act;

 

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.

 

And further that Legal Services be authorized to prepare a Heritage Conservation Easement agreement between the Town of Markham and the owner.

 

 

(3)        HEAVY TRUCK TRAFFIC PROHIBITION (5.12)    Weblink

 

That the by-law attached to the staff report dated November 24, 2003, to amend Schedule 14 of Traffic By-law Number 106-71, by including a Heavy Truck Traffic Prohibition on the following streets be approved:

 

            Hillmount Road, between Markland Street and Woodbine Avenue

            Oakford Drive, between Markland Street and Woodbine Avenue

 

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 2003-353)

 

 

(4)        ALL WAY STOP CONTROL
            MACRILL ROAD AT FORESTER CRESCENT (5.12.3)    Weblink

 

That Schedule 12 of Traffic By-law 106-71 for an all-way stop control be amended to include the intersection of Macrill Road at Forester Crescent and that the By-law attached to the staff report dated November 24, 2003, be approved;

 

And that The Operations and Asset Management Department be directed to install all-way stop signs at the intersection of Macrill Road at Forester Crescent once the by-law is approved;

 

And that The York Regional Police be requested to enforce the all-way stop control upon approval of the by-law and installation of these signs.

(By-law 2003-354)

 

 

(5)        ALL WAY STOP CONTROL
SOUTH PARK ROAD AT POND DRIVE (5.12.3)   Weblink

 

That Schedule 12 of Traffic By-law 106-71 for an all-way stop control be amended to include the intersection of South Park Road at Pond Drive and that the By-law attached to the staff report dated November 24, 2003, be approved;

 

And that The Operations and Asset Management Department be directed to install all-way stop signs at the intersection of South Park Road at Pond Drive and Driveway to Condo Building #385-399 once the by-law is approved;

 

And that The York Regional Police be requested to enforce the all-way stop control upon approval of the by-law and installation of these signs.

(By-law 2003-355)

 

 

(6)        ALL WAY STOP CONTROL
            BUR OAK AVENUE AT RIDGECREST ROAD (5.12.3)    Weblink

 

That Schedule 12 of By-law 106-71 for an all-way stop control be amended to include the intersection of Bur Oak Avenue at Ridgecrest Road and that the By-law attached to the staff report dated November 24, 2003, be approved;

 

And that The Roads Department be directed to install all-way stop signs at the intersection of Bur Oak Avenue at Ridgecrest Road as soon as the by-law is approved;

 

And that The York Regional Police be requested to enforce the all-way stop control upon installation of these signs.

(By-law 2003-356)

 

CARRIED

 

 

(7)        CORNELL COMMUNITY, DEVELOPMENT PHASING PLAN UPDATE
            (10.7)    Weblink

 

That the Planning and Urban Design Department report dated December 9, 2003 entitled “Cornell Community, Development Phasing Plan Update” be received;

 

And that the “Cornell Community, Development Phasing Plan Update” be approved;

 

And that the Commissioner of Development Services be authorized to approve minor modifications to the updated development phasing plan, provided they are in keeping with the intent of the Plan;

 

And that Council be kept apprised of any modifications to the development phasing plan that would have a significant effect on the overall delivery or allocation of services, roads or facilities, or the timing of approval of development;

 

And further that the Mayor and Clerk be authorized to execute a phasing agreement with the Cornell Landowners Group outlining the phasing requirements and associated implementation measures;

 

And that staff be directed to put the highest priority on the roads still to be constructed in Cornell.

 

CARRIED AS AMENDED

(See following motion to amend)

 

            Moved by Councillor G. McKelvey

            Seconded by Regional Councillor B. O'Donnell

 

            That Clause (7) be amended to delete from the last paragraph the words "…work towards amending the Cornell phasing plan to include completion of Bur Oak in 2004, and to advance the signalization of Bur Oak at the intersections of 16^th Avenue and Highway 7, to occur upon completion of the intersections. " and replace them with "…put the highest priority on the roads still to be constructed in Cornell."

 

CARRIED

 

 

(8)        WOODBINE MACKENZIE DEVELOPMENT LTD.
10197 AND 10211 WOODBINE AVENUE
APPLICATION FOR APPROVAL OF DRAFT PLAN OF SUBDIVISION
(19TM-02017) AND ZONING BY-LAW AMENDMENT
CATHEDRAL COMMUNITY (ZA 02 118967, SU 02 118869)(10.5, 10.7) Weblink

 

That the application for draft plan approval of subdivision 19TM-02017 (SU 02 118869), submitted by Woodbine Mackenzie Development Ltd. and located on the east side of Woodbine Avenue north of Major Mackenzie Drive in the Cathedral Community, be approved subject to the conditions outlined in Appendix ‘A’ to the staff report dated December 9, 2003;

 

And that zoning application (ZA 02 118867) to amend By-laws 304-87, as amended, and 177-96, as amended submitted by Woodbine Mackenzie Development Ltd., be approved and the implementing zoning by-laws attached as Appendix ‘B’ to the staff report dated December 9, 2003, be enacted;

 

And that the “Residential Reserve” Blocks from the draft approved subdivision (19TM-01002) to the northeast, also owned by Woodbine Mackenzie Development Ltd., adjoining the subject property, referred to as Blocks 47, 248 and 249 on Registered Plan 65M-3670, be included in the implementing zoning by-laws and no further notice be given;

 

And that a water supply allocation for 42 units in the draft plan of subdivision be granted from the 260 units allocated to Woodbine Mackenzie Development Land Holdings Ltd. by the landowners in the Cathedral Community;

 

And that the Town reserves the right to revoke or reallocate water allocation to the Draft Plan of Subdivision should the development not proceed in a timely manner;

 

And that the applicant provide to the Town the required payment of 30% subdivision processing fees in accordance with the Town’s Fee By-law (By-law 17-2000).

(By-laws 2003-357 and 2003-358)

 

CARRIED

 

 

(9)        1055097 ONTARIO LIMITED (LARKIN MONARCH PARTNERSHIP)
BERCZY VILLAGE COMMUNITY, ZONING BY-LAW AMENDMENT TO IMPLEMENT PHASES 5A AND 5B OF DRAFT PLAN 19T-95009 (ZA.03-114359)
(10.5)

 

That written submission from David He, 19 Glenbrook Drive, in opposition to the proposed zoning by-law amendment, File ZA.03-114359, submitted by 1055097 Ontario Limited (Larkin Monarch Partnership), be received;

 

And that deputations by Liz Sawicki of Monarch Construction Limited, on behalf of the applicant, 1055097 Ontario Limited; and by Marilyn Ypes, 38 Woodthrush Ct., Architect and member of the Unionville Alliance Church, on behalf of the Church, be received;

 

And that the report from the Development Services Commission dated October 14, 2003, entitled "1055097 Ontario Limited (Larkin Monarch Partnership), Application for Zoning By-law Amendment to Implement Phases 5A and 5B of Draft Plan 19T-95009", be received;

And that the Record of the Public Meeting held on December 9, 2003 with respect to the proposed amendment to By-law 304-87 and 177-97, as amended, be received;

 

And that the application by 1055097 Ontario Limited (Larkin Monarch) to amend By-laws 304-87 and 177-96, as amended, be approved;

 

And that the proposed amendment to By-laws 304-87 and 177-96, as amended, be presented to Council for enactment, once agreement (to the satisfaction of the Commissioner of Development Services) regarding the location and construction of two accesses to the Unionville Alliance Church is reached.

 

CARRIED AS AMENDED

(See following motion to amend)

 

            Moved by Councillor G. McKelvey

            Seconded by Councillor K. Usman

 

            That Clause (9) be amended to add to the last paragraph the words "…location and construction of…" after the words "…regarding the…".

 

CARRIED

 

 

(10)      OTHER COMMITTEE PROCEEDINGS
            - MINUTES OF DEVELOPMENT SERVICES
            COMMITTEE MEETING – DECEMBER 9, 2003 (16.0) 

 

That the Development Services Committee minutes dated December 9, 2003 be received.

 

CARRIED

 

 

 

5.         MOTIONS

 

Council consented to separate Motion (1) and to add Motion (2).

 

(1)        CITY OF TORONTO RESOLUTION - REQUEST TO
            RESCIND BILL 210 (13.5.2)

 

Moved by Councillor J. Heath

Seconded by Deputy Mayor F. Scarpitti

 

That staff prepare a letter to the new Premier of Ontario outlining the key major issues that Markham has with the province and its agencies.  The letter should also include a summary of the problems and issues Council or staff have experienced in regard to changes in legislation and other matters affecting the general relationship between municipalities and the Province of Ontario;

 

And that, upon approval of the letter by Council following discussion at the Council retreat on January 15 and 16, 2004, copies of this resolution and the letter be sent to AMO, appropriate municipalities in Ontario, the Federation of Canadian Municipalities, and all members of the Provincial legislature.

 

CARRIED AS AMENDED

(See following motion to amend)

 

            Moved by Regional Councillor J. Heath

            Seconded by Deputy Mayor F. Scarpitti

 

            That Motion (1) be amended to delete from paragraph 1 the words "...concerning outstanding..." after the words "…Premier of Ontario …" and replace them with the words "...outlining the key major issues…" and by deleting the words "...over the last several years." from the end of the paragraph;

 

            And that the second paragraph be deleted in its entirety and the following be substituted therefor:

 

            "And that, upon approval of the letter by Council following discussion at the Council retreat on January 15 and 16, 2004, copies of this resolution and the letter be sent to AMO, appropriate municipalities in Ontario, the Federation of Canadian Municipalities, and all members of the Provincial legislature."

 

CARRIED

 

 

(2)        LICENSING HEARING - OASIS HEALTH STUDIO
            400 ESNA PARK DRIVE, UNIT #8 (2.0)

 

Moved by Councillor G. McKelvey

Seconded by Regional Councillor B. O'Donnell

 

That the request by Andy Zografou, Oasis Health Studio, 400 Esna Park Drive, Unit #8, to address Council regarding his application to own and operate a Body Rub Parlour, be denied.

 

CARRIED

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

 

 

 

6.         COMMUNICATIONS

 

Moved by Councillor A. Chiu

Seconded by Councillor K. Usman

 

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

 

Referred to all Members of Council

254-2003         Liquor Licence Application - Request to complete the Alcohol and Gaming Commission Municipal Information Form for Tula's Deli Limited, 11 Allstate Parkway, Markham (indoor). (3.21)

 

255-2003         Liquor Licence Application - Request to complete the Alcohol and Gaming Commission Municipal Information Form for Tangerine Asian Cuisine, 7690 Markham Road, Unit 4C, Markham (indoor). (3.21)

 

Referred to all Members of Council

256-2003         Liquor Licence Application - Request to complete the Alcohol and Gaming Commission Municipal Information Form for Tommy Cooks, 8515 McCowan Road, Unit 9, Markham (indoor & outdoor). (3.21)

 

257-2003         Liquor Licence Application - Request to complete the Alcohol and Gaming Commission Municipal Information Form for Friction Gentleman Club, 175 Anderson Avenue, Markham (indoor). (3.21)

 

Referred to Commissioner of Development Services & Town Solicitor

258-2003         Ontario Municipal Board - Advising that the appeal forwarded by the Catholic Cemeteries - Archdiocese of Toronto for the site plan control application was withdrawn (7770 Steeles Avenue, Parts 1 to 17 and 19 to 24, Plan 65R-24320 (13.13 & 10.6)

 

259-2003         Ontario Municipal Board - Forwarding decisions dated November 21, 2003 and December 3, 2003 for the application submitted by 1212763 Ontario Limited (Azuria Group) approving Phase 2 of proposed plan of subdivision 19TM-01002 on lands composed of 10271, 10327 and 10391 Woodbine Avenue subject to certain conditions. (13.13, 10.5, 10.7, 8.0)

 

260-2003         Ontario Municipal Board - Forwarding a decision regarding the appeal submitted by George Benczik partially approving By-law 2003-262 (Highway 48 Major Commercial Zone - The by-law applies to the lands located on the west side of Markham Road between 16^th Avenue and Major Mackenzie Drive East, within the Wismer Commons Secondary Plan area.) (13.13, 10.3 and 10.5)

 

CARRIED

 

7.         BY-LAWS

 

Moved by Councillor A. Chiu

Seconded by Councillor S. Daurio

 

That By-laws 2003-340 to 2003-374 be given three readings and enacted.

 

Three Readings

 

BY-LAW 2003-340    A by-law to amend By-law No. 2002-276, being a by-law to impose fees or charges for services or activities provided or done by the Town of Markham (To match the Region of York’s approved 5% rate increase effective January 1, 2004)
(Committee of the Whole Motion - December 16, 2003)

 

BY-LAW 2003-341    A by-law to establish a program to provide tax reductions or refunds in respect of eligible heritage properties.
(Committee of the Whole Motion - December 16, 2003)

 

BY-LAW 2003-342    A by-law to amend By-law 2003-276, "a by-law to impose fees or charges for services or activities provided or done by the Town of Markham" (Fee for Heritage Easement Agreements.)
(Committee of the Whole Motion - December 16, 2003)

 

BY-LAW 2003-343    A by-law to authorize 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.
(Committee of the Whole Motion - December 16, 2003)

 

BY-LAW 2003-344    A by-law to levy property taxes prior to the adoption of estimates for 2004 (2004 Interim Tax Levy By-law.)
(Clause 2, Report No. 67, 2003)

 

BY-LAW 2003-345    A by-law to amend 2002-292, "a by-law respecting the licensing and inspection of body-rub parlours and attendants and complementary health care service providers and attendants" (to provide additional responsibilities for the attendants, operators and owners.)
(Clause 4, Report No. 67, 2003)

 

BY-LAW 2003-346    A by-law to amend Procedural By-law 2001-1 (to define meeting.)
(Clause 5, Report No. 67, 2003)

 

BY-LAW 2003-347    A by-law to establish streets laid out according to Plan of Subdivision 65M-3216 and Reference Plan 65R-19927 as public highway (Mattamy (Unionville) Inc., Part of Lots 19 and 20, Concession 6 - Castlemore Avenue, William Berczy Boulevard, Drawbridge Drive, Saxony Drive, Winston Castle Drive, Majestic Drive, Viscount Drive, Lionheart lane, Aries Crescent and Castlemore Avenue.)
(Clause 1, Report No. 68, 2003)

 

BY-LAW 2003-348    A by-law to establish streets laid out according to Plans of Subdivision 65M-3243 (Settlement Part Avenue, Riverlands Avenue and The Meadows Avenue), 65M-3244 (Settlement Park Avenue) and 65M-3507 (The Meadows Avenue) as public highway (Di Poce Brothers Corporation, Part of Lot 13, Concession 9.)
(Clause 1, Report No. 68, 2003)

 

BY-LAW 2003-349    A by-law to establish streets laid out according to Plan of Subdivision 65M-3390 and Reference Plans 65R-23109 and 65R-21791 as public highways. (Everyvale Holdings Inc., Part of Lots 18, 19 and 20, Concession 6 and Part of Block 251 - Plan 65M-3390 (Castlemore Avenue, Ridgecrest Road, King Henry Drive, Courtfield Crescent, Bertram Earnshaw Drive, Chestertown Square, Brentcliffe Gate, Fulham Gate, Wiltshire Drive, Aylesbury Gate and Lauraview Crescent.); Plan 65R-23109 (Courtfield Crescent); 65R-21791 (Castlemore Avenue).)
(Clause 1, Report No. 68, 2003)

 

BY-LAW 2003-350    A by-law to amend Traffice By-law 106-71, as amended (to include compulsory stops for Residential Subdivision Plans 65M-3216, 65R-19927, 65M-3390, 65R-23109, 65R-21791, 65M-3243, 65M-3244 and 65M-3507.)
(Clause 1, Report No. 68, 2003)

 

BY-LAW 2003-351    A by-law to amend Speed By-law 105-71, as amended (to include a maximum speed of 40 kilometers per hour for Residential Subdivision Plans 65M-3216, 65R-19927, 65M-3390, 65R-23109, 65R-21791, 65M-3243, 65M-3244 and 65M-3507.)
(Clause 1, Report No. 68, 2003)

 

BY-LAW 2003-352    A by-law to amend Parking By-law 336-88, as amended (parking restrictions on Chestertown Square.)
(Clause 1, Report No. 68, 2003)

 

BY-LAW 2003-353    A by-law to amend Traffic By-law 106-71, as amended (heavy truck prohibition on Hillmount Road, between Markland Street & Woodbine Avenue and Oakford Drive, between Markland Street & Woodbine Avenue.)
(Clause 3, Report No. 68, 2003)

 

BY-LAW 2003-354    A by-law to amend Traffic By-law 106-71, as amended (all-way stop control at the intersection of Macrill Road and Forester Cresecent.)
(Clause 4, Report No. 68, 2003)

 

BY-LAW 2003-355    A by-law to amend Traffic By-law 106-71, as amended (all-way stop control at the intersection of South Park Road & Pond Drive and South Park Road at Pond Drive and Driveway to Condo Building No. 385-399.)
(Clause 5, Report No. 68, 2003)

 

BY-LAW 2003-356    A by-law to amend Traffic By-law 106-71, as amended (all-way stop control at the intersection of Bur Oak Avenue and Ridgecrest Road.)
(Clause 6, Report No. 68, 2003)

 

BY-LAW 2003-357    A by-law to amend Zoning By-law 304-87, as amended (Woodbine Mackenzie Developments Inc., 10197 and 10211 Woodbine Avenue, Blocks 47, 248 and 249, Plan 65M-3670 - To delete the subject lands from the designated area by-law so that they may be incorporated into Zoning By-law 177-96, as amended to permit a residential subdivision of 42 units consisting of a mix of single detached and semi-detached units.)
(Clause 8, Report No. 68, 2003)

 

BY-LAW 2003-358    A by-law to amend Zoning By-law 177-96, as amended (Woodbine Mackenzie Developments Inc., 10197 and 10211 Woodbine Avenue, Blocks 47, 248 and 249, Plan 65M-3670 - To permit a residential subdivision of 42 units consisting of a mix of single detached and semi-detached units.)
(Clause 8, Report No. 68, 2003)

 

BY-LAW 2003-359    A by-law to dedicate certain lands as part of the highways of the Town of Markham (Blocks 18 and 20, Plan 65M-3680 and Block 20, Plan 65M-3687 - Dodds Gate.)

 

BY-LAW 2003-360    A by-law to dedicate certain lands as part of the highways of the Town of Markham (Block 22, Plan 65M-3583, Blocks 17 and 21, Plan 65M-3687 and Part of Lots 5 and 6, Plan 2196, designate as Part 1, Plan 65R-25717 - Harry Cook Drive.)

 

BY-LAW 2003-361    A by-law to dedicate certain lands as part of the highways of the Town of Markham (Block 13, Plan 65M-3581 and Block 24, Plan 65M-3583 - Ian Baron Avenue.)

 

BY-LAW 2003-362    A by-law to dedicate certain lands as part of the highways of the Town of Markham (Blocks 23 and 25, Plan 65M-3583 - Lane A.)

 

BY-LAW 2003-363    A by-law to dedicate certain lands as part of the highways of the Town of Markham (Block 14, Plan 65M-3581 and Part of Block 16, Plan 65M-3581, designated as Part 4, Plan 65R-26559 - Lane B.)

 

BY-LAW 2003-364    A by-law to dedicate certain lands as part of the highways of the Town of Markham (Part of Block 118, Plan 65M-2654, designated as Part 49, Plan 65R-26582 - Middlefield Road.)

 

BY-LAW 2003-365    A by-law to dedicate certain lands as part of the highways of the Town of Markham (Part of Block 16, Plan 65M-3581, designated as Part 1, Plan 65R-26559 - Ray Street.)

 

BY-LAW 2003-366    A by-law to dedicate certain lands as part of the highways of the Town of Markham (Part of Lots 4 and 5, Plan 2196, designated as Parts 1, 2, 5, 7 10, 11, 12 and 14, Plan 65R-25070 - South Unionville Avenue.)

 

BY-LAW 2003-367    A by-law to dedicate certain lands as part of the highways of the Town of Markham (Part of Block 16, Plan 65M-3581, designated as Part 3, Plan 65R-26559 - Lane A.)

 

BY-LAW 2003-368    A by-law to repeal Part Lot Control Exemption By-law 2002-10 (Lots 1 to 14 inclusive, Plan 65M-3515, designated as Parts 1 to 28 inclusive, Plan 65R-24491; and Lots 15 to 21 inclusive, Plan 65M-3515, designated as Parts 1 to 14 inclusive, Plan 65R-24492.)

 

BY-LAW 2003-369    A by-law to repeal Part Lot Control Exemption By-law 2002-40 (Lots 189 to 192 inclusive, Plan 65M-3487.)

 

BY-LAW 2003-370    A by-law to repeal Part Lot Control Exemption By-law 2001-185 (Lots 161 to 165 inclusive, 174 to 180 inclusive and 183 to 188 inclusive, Plan 65M-3487.)

 

BY-LAW 2003-371    A by-law to designate part of a certain plan of subdivision not subject to Part Lot Control (Humbold Properties Ltd., north of Bur Oak Avenue, west of 9^th Line - Lots 239 and 280 to 294 inclusive, Plan 65M-3697.)

 

BY-LAW 2003-372    A by-law to amend Zoning By-law 177-97, as amended (Wynberry Developments Inc., Wismer Commons, Phase 1A, Plan 19TM-01020, Part of Lot 17, Concession 7 - To remove the (H) Hold provision.)

 

BY-LAW 2003-373    A by-law to amend Zoning By-law 177-97, as amended (1107656 Ontario Inc., Block 3 Plan 65M-3575, south east corner of Highway 7 and Saddlecreek Drive, Leitchcroft Planning District - To remove the (H) Hold provision.)

 

BY-LAW 2003-374    A by-law to confirm the proceedings of the Council meeting of December 16, 2003.
(Council Meeting No. 2, 2003)

 

CARRIED

 

 

 

8.         ADJOURNMENT

 

Moved by Councillor A. Chiu

Seconded by Councillor K. Usman

 

That the meeting do adjourn.

CARRIED

 

 

Council adjourned at 1:40 p.m.

 

 

 

 

 

 

___________________________________        ___________________________________

SHEILA BIRRELL, TOWN CLERK                    DON COUSENS, MAYOR

 

(Signed)