2001-04-10 - 7:00 p.m.

COUNCIL MINUTES  Council Chamber, Civic Centre

 

(Canada Room)

COMMITTEE OF THE WHOLE

 

ROLL CALL

Deputy Mayor F. Scarpitti, Regional Councillor G. Landon, Regional Councillor T. Wong, Regional Councillor B. O'Donnell, Councillor S. Daurio, Councillor E. Shapero, Councillor G. McKelvey, Councillor J. Heath, Councillor K. Usman. (9)

 

 

Moved by Regional Councillor G. Landon

Seconded by Regional Councillor B. O'Donnell

 

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

 

(1)        COMMITTEE APPOINTMENTS (16.24)

 

                                                                                                                                        CARRIED

 

 

The Regular Meeting of Council was held on April 10, 2001 at 7:05 p.m. in the Council Chamber, Civic Centre.  His Worship Deputy Mayor F. Scarpitti presided.

 

 

(Council Chambers)

COUNCIL

 

ROLL CALL

Deputy Mayor F. Scarpitti, Regional Councillor G. Landon, Regional Councillor T. Wong, Regional Councillor B. O'Donnell, Councillor S. Daurio, Councillor E. Shapero, Councillor G. McKelvey, Councillor J. Heath, Councillor K. Usman. (9)

 

 

 

STAFF

J. Sales, Fire Chief and Acting Chief Administrative Officer

R. Robinson, Town Solicitor

A. Wolfe, Commissioner of Community Services

A. Taylor, Commissioner of Corporate Services

M.F. Turner, Commissioner of Development Services

B. Nanninga, Executive Assistant

S. Birrell, Town Clerk

J. Kee, Committee Clerk

B. Cribbett, Treasurer

 

 

1.         DISCLOSURE OF PECUNIARY INTEREST

 

Regional Councillor G. Landon disclosed an interest with respect to the Box Grove application, Clause 10, Report No. 24 - Development Services Committee, by nature of the fact that his son works for Greenpark, 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 Regional Councillor G. Landon

Seconded by Regional Councillor B. O'Donnell

 

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

 

                                                                                                                                          CARRIED

 

 

Deputy Mayor F. Scarpitti reported the following motions passed at the Committee of the Whole meeting:

 

(1)        COMMITTEE APPOINTMENTS (16.24)

 

Council approved the 2001 to 2003 Committee appointments for the Markham Theatre Board, the Markham Race Relations Committee, the Frederick Horsman Varley Art Gallery Board, Markham Conservation Committee, the Canada Day Committee and the Property Standards Committee.  Council also approved increasing the composition of the Markham Theatre Board by three additional appointments from the public.  The Race Relations Committee was increased by three to a total of 15 members of the public and the number of elected appointments was increased to three. 

 

A complete listing of all appointments, including all the appointments that did not expire, will be presented to Council on April 24, 2001.

 

Moved by Regional Councillor G. Landon

Seconded by Regional Councillor B. O'Donnell

 

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

 

And that Council adopt, approve and confirm the 2001-2003 committee appointments made at the Committee of the Whole meetings held on:

 

            March 6, 2001

            March 20, 2001

            April 2, 2001

            April 10, 2001

                                                                                                                                          CARRIED

 

 

 

3.         MINUTES

 

(1)        COUNCIL MEETING – APRIL 2, 2001 (16.0)

 

Moved by Councillor K. Usman

Seconded by Councillor J. Heath

 

That the Minutes of the Council Meetings held on March 20 and April 2, 2001, be adopted.

 

                                                                                                                                        CARRIED

 

 

4.         PRESENTATIONS

 

(1)        LIFESAVING SOCIETY COUNCIL CUP AWARD (12.2.6)

 

Awards were presented to the following Recreation Services Department staff:

 

Deputy Mayor Frank Scarpitti presented the Lifesaving Society Council Cup Award to Lisa Beckley and Janice Carroll, who were in attendance on behalf of Len Manuel, Marguerite Ward, Lorraine Wilson-Saliba, and Karen Carlin, Recreation Services Department staff.  Mr. Stu Taylor, Planning and Development Services Manager, was also in attendance. 

 

Members were advised that the Council Cup is awarded to the lifesaving affiliate with the largest lifesaving program in a community with a population between 100,000 and 200,000, and Markham has won this award each year for the last six years.

 

5.         DEPUTATIONS

 

(1)        STEVE TONER, 62 BROOKLYN CRESCENT (16.23)

 

Mr. Steve Toner, 62 Brooklyn Crescent, was present regarding the following items:

 

            1.  Records Retention

            2.  Fitness Centre at Centennial Community Centre

            3.  Mayor's Automobile

 

 

6.         PETITIONS

 

Council consented to amend Clause (1).

 

(1)        RESIDENTS ON WOODBINE AVENUE
- WATER AND SEWERS ON WOODBINE AVENUE -
GRAND LIFE BOULEVARD (10.5)

 

A petition signed by 3 residents on Woodbine Avenue, which reads as follows:

 

            "The undersigned below are the residents of the commercial strip fronting on Woodbine Avenue, north of Major Mackenzie to Elgin Mills, east side.

            We want to stress our desire to have water and sewer services on Woodbine Avenue.  We object to the current plan proposal to the location of the sewers for the above plan of subdivision, which only benefit the developer.  We request that the sewers be installed on Woodbine Avenue to benefit the dwellings along the commercial corridor of Woodbine Avenue."

CARRIED AS AMENDED

Referred to Commissioner of Development Services

(See following motion to amend)

 

 

Moved by Regional Councillor B. O'Donnell

Seconded by Regional Councillor T. Wong

 

That Petition – Clause (1) be referred to the Commissioner of Development Services rather than the Commissioner of Community Services.

 

                                                                                                                                        CARRIED

 

 

7(a)      REPORT NO. 22 - FINANCE & ADMINISTRATIVE COMMITTEE

 

Moved by Councillor K. Usman

Seconded by Councillor S. Daurio

 

That Report No. 22 – Finance & Administrative Committee be received and adopted.

 

To the Mayor and Members of Council:

The Finance & Administrative Committee reports and recommends as follows:

April 2, 2001

 

(1)        TAX POLICY - STATUS REPORT ON BILL 140 REQUIREMENTS (7.3)

 

That the Town of Markham support a request that the Minister of Finance extend the deadlines for tax policy decisions identified in the report dated April 2, 2001 from April 30, 2001 until 12 weeks after receipt of final information required from the Province.

 

 

(2)        TELECOMMUNICATIONS POLICY
–ABOVEGROUND UTILITY VAULTS (8.1)

 

That for aboveground utility vaults with dimensions exceeding 1.0m in width x 1.2m in length and 1.0m in height, proposed to be installed in existing communities, utility/telecommunication companies be required to locate and screen such vaults to the satisfaction of the Town of Markham;

 

And that the screening of utility vaults in new developments be considered at the composite utility plan and landscaping plan stage for the respective draft plan/site plan;

 

And that the Region of York be requested to endorse a similar policy on utility vaults that exceed 1.0m in width x 1.2m in length and 1.0 m in height on or adjacent to their rights-of-way;

 

And that the policy be reconsidered in the Fall of 2001, upon completion of the joint York/Durham Municipalities Telecommunications Study.

 

 

(3)        TRANSFERS OF TEMPORARY EASEMENTS FOR
BELL CANADA DSLAM PROJECT (8.1)

 

That a by-law be enacted authorizing the Mayor and Clerk to execute the transfer of a temporary easement to Bell Canada over lands legally described as part of Block 196, Plan M-1893, designated as Part 2, Plan 65R-23113, in a form satisfactory to the Town Solicitor and subject to screening of the utility vault to the satisfaction of staff.

(See By-law 2001-100)

 

 

(4)        CONSOLIDATION OF RECORDS RETENTION BY-LAWS (2.0)

 

That Council, in accordance with Section 116(1)(b) of the Municipal Act, R.S.O. 1990, Chapter M.45, as amended, enact By-law 2001-101 to replace all existing by-laws that were passed to establish retention periods for records held by various departments within the Town of Markham;

 

And that such new Records Retention By-law incorporate amended retention periods as permitted by legislation and approved by the appropriate Department Heads;

 

And further that, as a result of the enactment of such new by-law, all current Records Retention By-laws be repealed.

(See By-law 2001-101)

 

 

(5)        TREE PLANTING SERVICES FOR 2001 - 036-T-01 (6.3)

 

That tender 036-T-01 for Tree Planting Services for 2001 be awarded to the second lowest bidder, LOMCO, in the estimated annual amount of $63,984, inclusive of all taxes, ($61,594 inclusive of the net GST rebate);

 

And that the award be funded from the 2001 Parks Department Operating Budget, Account No. 730-734-5399, in the amount of $61,594 inclusive of 3% GST.

 

 

(6)        80 FRONTENAC DRIVE - EXEMPTION TO NOISE BY-LAW
AND OVERNIGHT PARKING RESTRICTION (2.10)

 

That exemption to the Noise By-law 218-89, as amended be given to 3170497 Canada Inc., Oakland Corporate Centre, 80 Frontenac Drive from April 20 to May 20, 2001;

 

And that the Parking By-law No. 336-88, as amended, be further amended to allow for overnight parking from April 20 to May 20, 2001;

 

And that the following conditions apply:

 

a)         Advertisements be posted in the Markham Economist & Sun outlining the application for exemption.

 

b)         Trucks to use four way parking lights only while stationary.

 

c)         Flashing delineators to be used around the parked trailers and trucks.

 

d)         Yield to oncoming traffic sign to be posted.

 

e)         Trailers to be parked back from the driveway exit/entrance curb a minimum of 15 metres.

 

f)          Block off east site exits, off Frontenac Drive from 8:00 p.m. to 6:00 a.m.

(See By-law 2001-91)

 

 

 

(7)        OTHER COMMITTEE PROCEEDINGS
- MINUTES OF FINANCE & ADMINISTRATIVE
COMMITTEE MEETING – APRIL 2, 2001 (16.0)

 

That the Finance & Administrative Committee minutes dated April 2, 2001 be received.

 

                                                                                                                                        CARRIED

 

 

 

7(b)      REPORT NO. 23 - COMMUNITY SERVICES COMMITTEE

 

Moved by Councillor J. Heath

Seconded by Councillor E. Shapero

 

That Report No. 23 – Community Services Committee be received and adopted.

 

To the Mayor and Members of Council:

The Community Services Committee reports and recommends as follows:

April 2, 2001

 

 

(1)        REVISED SPECIAL EVENT SUPPLY LIST (3.5 & 6.0 & 12.1)

 

That the recommended changes to the Special Event Supply List, as illustrated on the attached Appendix B, be approved.

 

 

(2)        OTHER COMMITTEE PROCEEDINGS
- MINUTES OF COMMUNITY SERVICES
COMMITTEE MEETING – APRIL 2, 2001 (16.0)

 

That the Community Services Committee minutes dated April 2, 2001 be received.

 

                                                                                                                                        CARRIED

 

 

 

7(c)      REPORT NO. 24 - DEVELOPMENT SERVICES COMMITTEE

 

Council consented to separate Clause (10).

 

Moved by Councillor G. McKelvey

Seconded by Regional Councillor T. Wong

 

That Report No. 24 – Development Services Committee be received and adopted.

 

To the Mayor and Members of Council:

The Development Services Committee reports and recommends as follows:

April 3, 2001

 

 

(1)        GREAT WEST LIFE, 27 ALLSTATE
SITE PLAN APPLICATION FOR AN OFFICE BUILDING (10.6)

 

That approval authority for the site plan application submitted by Great West Life, for an office building at 27 Allstate Parkway, be delegated to the Commissioner of Development Services.

 

 

(2)        THE ALEXANDER BROWN HOUSE, 8980 WOODBINE AVE.
DESIGNATION UNDER PART IV OF
THE ONTARIO HERITAGE ACT (16.11.3)

 

That Heritage Markham's recommendation to designate the Alexander Brown House, 8980 Woodbine Avenue under Part IV of the Ontario Heritage Act be approved;

 

And that the Clerks Department be authorized to:

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

- prepare the Designation by-law for this property.

 

 

(3)        THE JOHN ROBINSON HOUSE, 4 WISMER PLACE
DESIGNATION UNDER PART IV
OF THE ONTARIO HERITAGE ACT (16.11.3)

 

That Heritage Markham's recommendation to designate the John Robinson House at 4 Wismer Place 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.

 

 

(4)        THE REESOR-JARVIS HOUSE, 12 WISMER PLACE
DESIGNATION UNDER PART IV
OF THE ONTARIO HERITAGE ACT (16.11.3)

 

That Heritage Markham's recommendation to designate the Reesor-Jarvis House at 12 Wismer Place 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.

 

 

(5)        THE WILLIAM MORRISON HOUSE AND COBBLERS COTTAGE
12 BUTTONVILLE CRESCENT WEST
DESIGNATION UNDER PART IV
OF THE ONTARIO HERITAGE ACT (16.11.3)

 

That Heritage Markham's recommendation to designate the William Morrison House and Cobblers Cottage at 12 Buttonville Crescent West 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.

 

 

(6)        THE PHILLIPS-TEASDALE HOUSE
4 ALEXANDER HUNTER PLACE
DESIGNATION UNDER PART IV
OF THE ONTARIO HERITAGE ACT (16.11.3)

 

That Heritage Markham's recommendation to designate the Phillips-Teasdale House at 4 Alexander Hunter Place 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.

 

 

(7)        F. BULBULIA, 4813 FOURTEENTH AVENUE
SITE PLAN APPLICATION FOR
A DAY-CARE CENTRE (SC.00-241721) (10.6)

 

That the application for Site Plan Approval (SC.00-241721) submitted by F. Bulbulia for a new day-care centre at 4813 Fourteenth Avenue be approved, subject to the following conditions:

 

1.         That the owner enter into a site plan agreement with the Town;

2.         That site plan approval lapse after a period of three (3) years commencing April 3, 2001, in the event that a site plan agreement is not executed within that period;

3.         That the site plan agreement provide for payment by the owner of all applicable fees, recoveries and development charges;

4.         That the site plan agreement contain provisions for satisfying the requirements of Town departments and authorized public agencies; and

5.         That prior to execution of the site plan agreement, the owner shall submit final site plan, elevation and landscape drawings, complying with all requirements of the Town and authorized public agencies, prepared to the satisfaction of the Commissioner of Development Services.

 

 

(8)        KNOB HILL FARMS (BURGER KING), 3088 HIGHWAY 7
GROUND SIGN VARIANCE (01-100944) (2.16.2)

 

That application # 01-100944 submitted by Knob Hill Farms (Burger King) for a ground sign variance to increase the maximum permitted sign area per face and total sign area, at 3088 Highway 7, be approved, subject to the applicant providing a written agreement or undertaking that ensures the following conditions will be on a permanent basis:

-           pylon signs shall not be located on Lunar Crescent

-           window signs shall not be permitted

-           the read-o-graph may be backlit, but it shall not be electronic, with moving letters or flashing lights

-           the sign on the canopy on the north side of the building shall be removed and shall not be replaced

-           the cardboard signage on the lampposts shall be removed, and shall not be permitted.

 

 

(9)        CORNERSTONE CHINESE ALLIANCE CHURCH
4757 FOURTEENTH AVE.,  ZONING AND SITE PLAN APPROVAL
APPLICATIONS FOR A
PLACE OF WORSHIP (ZO-97-069, SC 01 102983) (10.5, 10.6)

 

That the application by Cornerstone Chinese Alliance Church to amend the Zoning By-law (ZO-97-069) as it pertains to the property at 4757 Fourteenth Avenue, to permit a place of worship, be denied;

 

And that the application by Cornerstone Chinese Alliance Church for Site Plan Approval (SC 01 102983) for a place of worship at 4757 14^th Avenue, also be denied.

 

 

(10)      BOX GROVE HILL DEVELOPMENTS (TACC CONSTRUCTION)
NORTH OF FOURTEENTH AVE, WEST OF REESOR ROAD
PROPOSED LAND CONVEYANCE FROM ORC (B/07/01) (10.12)

 

That the Committee of Adjustment be advised that in the event Application B/07/01 to permit the conveyance from Ontario Realty Corporation to Box Grove Hill Developments Inc. of a 16.204 hectare (40 acre) landlocked parcel north of 14^th Avenue and West of Reesor Road, in Part of Lots 7 and 8 Concession 9, is approved, that the following conditions apply:

 

1.   That the lands to be conveyed be taken into the same title as the adjacent lands owned by Box Grove Hill Developments Inc., so that no new lot is created;

2.   That the final survey demonstrate to the satisfaction of the Director of Engineering in consultation with the Region of York and the Ministry of Transportation that the lands to be conveyed will not interfere with the protection of a corridor to accommodate the future alignment of the proposed Town Arterial Road (possible Markham By-pass Link) north and west of  the CPR Havelock Line in this general area, and that the line of severance be revised if necessary prior to finalization of the consent;

3.   That the Applicant make arrangements with ORC to have the corridor to accommodate the possible future alignment of the proposed Town Arterial Road (Markham By-pass Link) conveyed to the Town at no cost, or provide other arrangements for the road to be secured to the satisfaction of the Town, prior to finalization of the consent.

4.   Conveyance to the Town of Markham of a 3 metre road widening across the Reesor Road frontage of the lands to be retained; and

5.   Payment of all outstanding realty taxes (or payments in lieu of realty taxes) and local improvement charges owing to date against both the subject and retained parcels. 

 

And that staff be requested to review the transfer of the valley lands plus an additional buffer beyond the 10 metres and that staff consult with the Ontario Realty Corporation and report back to the Development Services Committee on April 17^th.

 

                                                                                                            CARRIED AS AMENDED

                                                                                                      (See following motion to amend)

 

            Moved by Councillor E. Shapero

            Seconded by Regional Councillor T. Wong

 

            That Clause (10) be amended to add the following:

 

And further that staff be requested to review the transfer of the valley lands plus an additional buffer beyond the 10 metres and that staff consult with the Ontario Realty Corporation and report back to the Development Services Committee on April 17^th.

 

                                                                                                                                        CARRIED

 

 

(11)      NIVLOG INVESTMENTS LTD., 7333 WOODBINE AVE.
REZONING, SITE PLAN, AND SIGN VARIANCE FOR OFFICE &
RESTAURANT COMPLEX
(ZA.00-243278 & SC.00-243284) (10.5, 10.6, 2.16.2)

 

That application ZA.00-243278 to amend Zoning By-law 108-81 submitted by Nivlog Investments Ltd. to permit a restaurant/office complex at 7333 Woodbine Avenue be approved, and the implementing By-law 2001-92, be enacted;

 

And that the corresponding application for Site Plan Approval SC.00-243284 be approved, subject to the following conditions:

 

1.      That the owner enter into a site plan agreement with the Town;

2.      That site plan approval lapse after a period of three (3) years commencing April 3, 2001, in the event that a site plan agreement is not executed within that period;

3.      That the site plan agreement provide for payment by the owner of all applicable fees, recoveries and development charges;

4.      That the site plan agreement contain provisions for satisfying the requirements of Town departments and authorized public agencies; and

5.      That prior to execution of the site plan agreement, the owner shall submit final site plan, elevation and landscape drawings, complying with all requirements of the Town and authorized public agencies, prepared to the satisfaction of the Commissioner of Development Services.

 

And further that a sign variance be approved to permit signage types, locations and dimensions as identified on the final site plan and elevations.

(See By-law 2001-92)

 

 

 

(12)      WATER ALLOCATION UPDATE (10.5, 10.6)

 

That the Berczy Secondary Plan area be allocated an additional 385 units of water allocation to be taken from the Town Reserve allocation;

 

And that the South Unionville Secondary Plan area be allocated an additional 70 units of water allocation to be taken from the Town Reserve allocation;

 

And that staff continue to monitor water supply and allocation and report back to Council with a further update in January 2002.

 

 

(13)      ADULT ENTERTAINMENT PARLOURS
ZONING BY-LAW AMENDMENTS (10.5)

 

That the Record of the Public Meeting held on Tuesday, April 3, 2001 with respect to the proposed amendments to By-laws # 73-86, # 74-86 and # 75-86, be received;

 

And that the proposed amendments to By-laws # 73-86, # 74-86 and # 75-86, to delete references to adult goods from the definition of Adult Entertainment Parlour, be enacted without further notice.

(See By-law 2001-93)

 

 

(14)      OTHER COMMITTEE PROCEEDINGS
- MINUTES OF DEVELOPMENT SERVICES
COMMITTEE MEETING – APRIL 3, 2001 (16.0)

 

That the Development Services Committee minutes dated April 3, 2001 be received.

 

                                                                                                                                        CARRIED

 

 

 

8.         NOTICES OF MOTION

 

(1)        NATURAL FEATURES PRESERVATION PROJECT (10.0)

 

Moved by Councillor J. Heath

Seconded by Councillor K. Usman

 

That Council instruct the Commissioner of Development Services to proceed with the Natural Features Preservation project on the basis of a “staged” by-law rather than a “scoped” by-law.

 

REFERRED TO THE NEXT REGULAR MEETING OF COUNCIL

 

 

(2)        BUS WRAPS (5.14)

 

Moved by Councillor K. Usman

Seconded by Councillor E. Shapero

 

That York Region be advised that the Town of Markham does not support any bus wraps within its boundaries.

 

CARRIED

(A two-thirds vote to consider was obtained)

 

 

9.         MOTIONS

 

(1)        PICKERING AIRPORT LANDS
- GREEN SPACE (5.15.2)

 

Moved by Councillor G. McKelvey

Seconded by Councillor K. Usman

 

That the Town of Markham express its appreciation to the Federal Government (Transport Canada) for their commitment to donate lands for green space held within the Pickering Airport lands.

 

CARRIED

 

 

10.       COMMUNICATIONS

 

Council consented to add Communications 143-2001 and 144-2001, and refer Communications 110-2001 and 119-2001 to the Commissioner of Corporate Services.

 

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

 

 

Received

 

106-2001         Ministry of Municipal Affairs and Housing – Announcing that forty-seven municipalities in Ontario will be getting approximately $100 million for capital improvements, transfer and start-up costs of local housing programs. (13.2.5)

 

107-2001         Region of York – Advising the completion of the Environmental Study Report for the Major Mackenzie Drive Project. (13.4)

 

108-2001         Village of Merrickville-Wolford – Forwarding resolution urging the Federal Government to grant the Farmers of Canada, in all commodities, the one billion dollars promised by the Government prior to the last federal election to reduce difficulties in farming industry. (13.5.2)

 

109-2001         Association of Municipalities of Ontario – Advising of AMO Annual Conference 2001 at the Royal York Hotel on August 19-22, 2001. (13.12.2)

 

111-2001         William C. Lazenby – Forwarding the following information regarding matters related to the OEB Hearing to consider a license for an Amalgamated Electricity Distribution Company:
- Letter to Energy Board advising of his counsel Mr. Donald G. Plaxton and that in Mr. Plaxton's absence, he will require leave to act on his own initiatives.
- letter to the Town of Richmond Hill requesting a copy of the consultant's report regarding their recommendations, etc. on the RFP's submitted to the Town for the purchase of the utility.
- Letter to Newmarket Hydro requesting a copy of the documented discussion regarding the statement "The benefits far exceed the possibility of selling or standing alone". (13.7)

 

112-2001         Ontario Energy Board – Forwarding the following information regarding matters related to the OEB Hearing to consider a license for an Amalgamated Electricity Distribution Company:
- letter to Mr. Donald G. Plaxton acknowledging receipt of correspondences.
- Letter to Ms. Elizabeth Wilfert acknowledging receipt of her letter and confirming her status as intervener.
- MAAD applicants and list of interventions
- MAAD applicants and list of observers (13.7)

 

113-2001         Association of Municipalities of Ontario – Commenting on Minister Hodgson's announcement regarding social housing funding that will help municipalities deal with the cost of taking on social housing, but it is not the total solution to all the risks municipal governments, and their property taxpayers are going to face. (13.12.2)

 

114-2001         Association of Municipalities of Ontario – Inviting Municipal officials to attend regional presentations in Northern Ontario regarding the Local Economic Development in Rural Ontario project. (13.12.2)

 

115-2001         The Corporation of the Municipality of Brockton – Expressing gratitude for the Town of Markham's generosity regarding the water contamination crisis in Walkerton. (13.5.1)

 

116-2001         Association of Municipalities of Ontario – Advising of the decision from the Ontario Energy Board regarding the fees for services or activities or use of municipal highways by gas companies and electricity utilities. (13.12.1)

 

117-2001         Region of York – 2001 York Region Customer Service Strategy, dated February 22, 2001. (13.4)

 

118-2001         Region of York – Forwarding its report which discusses the main purpose and background of the Vision 2026 initiative, which is to bring forward a high level strategic document to guide the Region in its business planning to 2026. (13.4)

 

120-2001         City of Toronto – Forwarding resolution regarding the Toronto Report Card on Homelessness 2001 as follows:
"The adoption of the report dated January 25, 2001, from the Commissioner of Community and Neighbourhood Services;
That the Commissioner of Community and Neighbourhood services be requested to continue to liaise with Federal officials regarding the assistance required in addressing challenges created by fluctuations in refugee claimants seeking shelter; and further that consideration be given to working with the Federal Government to create a facility that specializes as a holding centre for refugee claimants; and
That the Chair of the Community Services Committee be requested to meet with the Minister of Community and Social Services to request the Province of Ontario to increase efforts to expand the provincial shelter system for abused women." (13.5.2)

 

 

Referred to all Members of Council

 

121-2001         Proclamation – York Region 9-1-1 Public Awareness/Emergency Communicators' Appreciation Week – April 15 to 21, 2001. (3.4)

 

122-2001         Proclamation – Day Of Mourning For Workers Killed Or Injured On The Job – April 28, 2001. (3.4)

 

123-2001         Proclamation – National Missing Children's Day – May 25, 2001. (3.4)

 

124-2001         Proclamation – National Wildlife Week – April 8 to 14, 2001 (3.4)

 

125-2001         Proclamation – Earth Weeks – April 14 to 29, 2001. (3.4)

 

126-2001         Town of Whitchurch-Stouffville – Advising of the resolution passed by Council at its meeting held on March 20, 2001 as follows:
"WHEREAS the Municipalities of Pickering, Ajax, Uxbridge, Markham and Whitchurch-Stouffville and the Regional Municipalities of Durham and York Region, with the Toronto Region Conservation Authority, have funded the Duffins Creek and Carruthers Creek watershed study, that is in review at present, to the sum of $140,000; and,
WHEREAS the watershed study is being done now before severe land use has taken place and has detrimental affects on the natural features of both watersheds; and,
WHEREAS the municipalities have funded these studies so that politicians in all levels of government can make better land use decisions in each watershed area; and,
WHEREAS the federal government through Transport Canada has approximately 23% of the land holdings in this area, being airport lands; and,
WHEREAS substantially more funding is required to continue and complete these studies;
THEREFORE BE IT RESOLVED THAT the Town of Whitchurch-Stouffville seek the support of the municipal and regional partners involved as well as the Toronto Region Conservation Authority in requesting that Transportation Canada become a full partner in the study of the Carruthers Creek and Duffins Creek Watershed areas;
AND THAT Transport Canada be requested, by the existing partners, to donate a sum of $150,000 to fund the completion of the watershed studies of the Carruthers and Duffins Creeks;
AND FURTHER THAT a copy of this resolution be forwarded to all municipal and regional partners, the Toronto Region Conservation Authority, Bryan Wilfert, M.P., Oak Ridges and Dan McTeague, M.P., Pickering/Ajax/Uxbridge." (13.5.2)

 

127-2001         City of Vaughan – Advising of the resolution passed by Council at its meeting held on March 19, 2001 as follows:
"WHEREAS the Premier of the Province of Ontario has announced that there will be no forced restructuring of the municipalities within the 905 area;
AND WHEREAS the Final report in respect of the Review of the Greater Toronto Services Board suggests that the Board should consider options which would involve significant changes in the GTSB's authority;
AND WHEREAS as a result of these decisions, the Region of York will continue to play an important role in respect to the delivery of services and the governance of the residents of the City of Vaughan;
AND WHEREAS the budget of the Region of York has increased substantially as a result of the transfer of services from the Province of Ontario as well as the local municipalities;
AND WHEREAS the residents of the City of Vaughan, for the Year 2000, have paid 28.7165 percent of the Region of York levy while they are represented on Regional Council by three (3) members constituting only 15.7% of Regional Council;
AND WHEREAS the residents of the Town of Markham for the Year 2000 have paid 28.8268 percent of the Region of York levy is while they are represented on Regional Council by five (5) members constituting 26.3% of Regional Council;
AND WHEREAS the City of Vaughan has requested consideration of an increase to its representation in 1987, 1990, 1994, 1996, and 1999;
AND WHEREAS this continuing inequity in representation for the residents of the City of Vaughan must be addressed immediately;
BE IT HEREBY RESOLVED THAT the Council of the City of Vaughan advises the Council of the Region of York that it is essential and urgent that required actions be taken immediately to adjust the representation on the Region of York Council to more closely reflect population and, more particularly, the apportionment of costs between and among the area municipalities of the Region;
AND THAT the additional representatives assume office as soon as possible during this term of Council;
AND THAT a copy of this resolution be forwarded to the Premier of Ontario, the Minister of Municipal Affairs and Housing, York Region MPPs, Regional Council, and area municipalities within the Region of York." (13.5.2)

 

128-2001         The Regional Municipality of Durham – Requesting the Ontario Ministry of Natural Resources to amend their current practices of notification to Area and Regional municipalities with respect to amendments or new applications for Pit or Quarry licences. (13.5.1)

 

129-2001         City of Cornwall – Requesting member municipalities of the Association of Municipalities of Ontario to ask the Provincial and Federal Governments to help fund cost of improving municipal roads. (13.5.1)

 

130-2001         Ministry of Municipal Affairs and Housing – Enclosing a copy of the regulation prohibiting municipalities from charging permit fees to gas companies. (13.2.5)

 

131-2001         Region of York – Requesting staff to re-examine the advantages and disadvantages of amalgamating Fire Services in York Region, either as an urban/rural service or as a one-department services for all of York Region, combining the use of professional fire staff and volunteer services (13.4)

 

132-2001       City of Guelph – Petitioning the Ministry of Education to review its regulations regarding the disposition of surplus school property to allow greater flexibility for municipal acquisition and end-use planning for the overall benefit of the community. (13.5.1)

 

133-2001       Markham Village BIA – Requesting the closing of Main Street Markham from Highway 7 north to Parkway Avenue on Friday, June 15, 2001 from 6:00 p.m. to 12:00 midnight and Saturday, June 16, 2001 from 7:00 a.m. to 8:00 p.m. for the Markham Village Festival. (3.5)
(See By-law No. 2001-102)

 

134-2001       Liquor Licence Application – Request to complete the Municipal Information form for Monte Carlo Inn Markham Suites, 8900 Woodbine Avenue (indoor). (3.21)

 

135-2001       Liquor Licence Application – Request to complete the Municipal Information form for Attic Food Drinks and Desserts, 4300 Steeles Avenue East, Unit F52 (indoor). (3.21)

 

136-2001       Liquor Licence Application – Request to complete the Municipal Information form for Red Hot Bistro & Bar, 144 Main Street, Unit 17, Markham (outdoor). (3.21)

 

144-2001       Verbal communication from Deputy Mayor Scarpitti regarding York Region’s request for permission to operate wrap buses in the Town of Markham for a six-month trial period.  Deputy Mayor Scarpitti also mentioned that Markville Mall was requesting permission for one wrap bus for a twelve-day period during the summer months. (5.14)

 

 

Referred to Commissioner of Development Services

 

137-2001         Rouge Park – Forwarding resolutions from the Rouge Park Alliance held on March 9, 2001 regarding Madrid Developments' application to build a commercial building and parking lot in the floodplain of the Rouge River and submitting concerns for the objection of the application. (10.5)

 

138-2001       Ms. Joan E. Smith – Expressing various concerns with respect to the proposed subdivision - Grand Life Boulevard. (10.5 & 10.7)

 

139-2001       Milne Park Conservation Association - Thanking the Development Services Committee and staff regarding the decision respecting Madrid Developments Limited, 5221 Highway No. 7. (10.5)

 

140-2001       Region of York – Forwarding Amendment No. 30 to the Official Plan for the Regional Municipality of York to provide a reference within the Regional Official Plan to clarify that the Region, Local municipalities or other public agencies are appropriate authorities for land acquisition for public transit right-of-way purposes, pursuant to the provisions of the Planning Act. (13.4)

 

Referred to Commissioners of Community Services & Development Services

 

141-2001         Conservation Toronto and Region – Seeking approval under the Environmental Assessment Act (EA Act) for the class of undertakings currently covered under the Class EA for Remedial Flood & Erosion Control Projects (1993). (13.2)

 

142-2001         Transport Canada – Advising that the department will be taking immediate steps to ensure the protection of various portions of the Pickering lands for green space. (13.1 & 5.15.2)

 

 

Referred to Commissioner of Corporate Services

 

110-2001         City of Vaughan – Advising of the action taken on the AmalCo interim financial plan and capital structure. (13.5.1)

 

119-2001         City of Toronto – Requesting endorsement of the resolution regarding the proposed provincial measures to augment and support municipal efforts to maintain safe communities and to deal with problem addresses as follows:
"The suggestions for Provincial Measures to Strengthen Municipal Efforts to Maintain Safe Communities and to Deal with Problem addresses as contained in Appendix I of the report (January 17, 2001) from the Commissioner of Urban Development Services, be approved subject to:
   (a)     amending the third suggestion under "licensing" by adding the words "provided that the matters are brought before the tribunal within 10 days", so as to read:
"Enable administrative suspension of a licence (i.e. prior to the tribunal hearing) with the onus on the operator to prove, through the tribunal process, why the operation should continue provided that the matters are brought before the tribunal within 10 days."
   (b)     amending the suggestion relating to increasing fines under "Amendments to the Provincial Offences Act (POA)", by adding the word "maximum", so as to read:
"Increase the fines (for an individual from $1,000.00 to $50,000; for a corporation to $100,000.00 maximum)";
and that City Council petition the Government of Ontario to consider the implementation of these suggestions (as amended);
All Greater Toronto Area Councils be requested to review and endorse City Council's petition to the Government of Ontario in this regard;
The report (January 17, 2001) from the Commissioner, Urban Development Services and Council's action in this regard, be forwarded to the Executive of the Association of Municipalities of Ontario for consideration with respect to the presentation to the Provincial Government on the new Municipal Act; and
The appropriate City Officials be authorized to take any necessary action to give effect thereto;
A copy of this Clause be forwarded to the Task Force on Community Safety for its information; and
The Chairs of the Community Services Committee and the Planning and Transportation Committee, together with appropriate City staff, be requested to seek a meeting with the Minister of Municipal Affairs and Housing to brief the Minister on Council's request and to emphasize Council's support for a timely response to the recommendations embodied in the Clause." (13.5.2)

 

 

Referred to the Town Solicitor

 

143-2001         Letter from Thomson Rogers, on behalf of AOV Vide, objecting to the approach taken by the Town of Markham in the recent amendments to the Zoning By-Laws as they pertain to adult entertainment parlours and adult video stores. (10.5)

 

 

11.       BY-LAWS

 

Moved by Regional Councillor G. Landon

Seconded by Regional Councillor B. O'Donnell

 

That By-laws 2001-91 to 2001-102 be given first and second reading.

                                                                                                                                        CARRIED

 

 

Moved by Regional Councillor G. Landon

Seconded by Regional Councillor B. O'Donnell

 

That Clause 2.20 of By-law 2001-1 be suspended for the purpose of giving By-law 2001-91 three readings.

                                                                                                                                        CARRIED

 

 

Moved by Councillor K. Usman

Seconded by Councillor E. Shapero

 

That By-laws 2001- 91 to 2001- 99 and By-laws 2001-86 to 2001-89 be given third and final reading.

                                                                                                                                        CARRIED

 

 

Three Readings

 

BY-LAW 2001-91      A by-Law to amend Parking By-Law 336-88, as amended (80 Frontenac Drive – Overnight parking from April 20 to May 20, 2001)
(Clause 6 of Report No. 22, 2001)

 

 

BY-LAW 2001-92      A by-law to amend Zoning By-law 108-81, as amended (Nivlog Investments Ltd., South Don Mills Industrial Planning District – To accommodate a combination of restaurant and office buildings development.
(Clause 11 of Report No. 24, 2001)

 

 

BY-LAW 2001-93      A by-law to amend By-laws 73-86, 74-86 and 75-86. (To delete references to adult goods from the definition of Adult Entertainment Parlour)
(Clause 13 of Report No. 24, 2001)

 

 

BY-LAW 2001-94      A by-law to amend Zoning By-Law 2053, As Amended. (To introduce a specific area within which an Adult Video Outlet is a permitted use.)
(Clause 1 of Report No. 10, 2001)

 

 

BY-LAW 2001-95      A by-law to amend Zoning By-Law 165-80, As Amended. (To introduce a specific area within which an Adult Video Outlet is a permitted use.)
(Clause 1 of Report No. 10, 2001)

 

 

BY-LAW 2001-96      A by-law to amend Zoning By-Law 108-81, as mended. (To introduce a specific area within which an Adult Video Outlet is a permitted use.)
(Clause 1 of Report No. 10, 2001)

 

 

BY-LAW 2001-97      A by-law to amend the Urban Expansion Area Zoning By-law 177-96, as amended (Amber Plain Investments Limited – To remove the (H) Holding provision).
(Council Meeting No. 9, 2001)

 

 

BY-LAW 2001-98      A by-law to amend Zoning By-law 177-96, as amended (Brawley Manor Corporation - To remove the (H) Holding provision).
(Council Meeting No. 9, 2001)

 

 

BY-LAW 2001-99      A by-law to confirm the proceedings of the Council meeting of April 10, 2001.
(Council Meeting No. 9, 2001)

 

 

Two Readings

 

BY-LAW 2001-100    A by-law to authorize the execution of Transfers of Easement to Bell Canada for the Bell Canada Dslam Project over Town Reserves along Bayview Avenue and Birchmount Road.
(Clause 3 of Report No. 22, 2001)

 

BY-LAW 2001-101    A by-law to establish schedules of retention periods for all records kept by the Town of Markham.
(Clause 4 of Report No. 22, 2001)

 

BY-LAW 2001-102    A by-law to authorize the closing of Main Street Markham from Highway 7 north to Parkway Avenue on Friday, June 22, 2001 from 6:00 p.m. to 12:00 midnight and Saturday, June 23, 2001 from 7:00 a.m. to 8:00 p.m. for the Markham Village Festival.
(Communication No. 133–2001)

 

 

Third and Final reading

 

BY-LAW 2001-86      To authorize the closing of Robinson Street from Markham Main Street east to Washington Street and from the Markham Main Street west to the end of the building at 132 Robinson Street every Saturday from May 19 to September 29, 2001 from 6:30 a.m. to 2:30 p.m. in order to facilitate the Markham Farmers’ Market.
(Council Meeting No. 7 – March 20, 2001)

 

 

BY-LAW 2001-87      To authorize the closing of Main Street Markham from Highway 7 north to Parkway Avenue from 6:00 p.m. to 11:00 p.m. on Friday evening, June 15^th, 2001 for the Markham Merchants’ Moonlight Festival.
(Council Meeting No. 7 – March 20, 2001)

 

 

BY-LAW 2001-88      To authorize the closing of Main Street Markham from Highway 7 north to Parkway Avenue from 8:00 a.m. to 6:00 p.m. on Saturday, September 8, 2001 to facilitate the Victorian Days and Antique Car Show.
(Council Meeting No. 7 – March 20, 2001)

 

 

BY-LAW 2001-89      To authorize the closing of Main Street Markham from Highway 7 north to Parkway avenue from 6:00 p.m. to 11:00 p.m. on Friday evening, November 23, 2001 to facilitate the Festival of Lights.
(Council Meeting No. 7 – March 20, 2001)

 

12.       ADJOURNMENT

 

 

Moved by Regional Councillor B. O'Donnell

Seconded by Councillor S. Daurio

 

That the meeting do adjourn.

CARRIED

 

 

Council adjourned at 9:15 p.m.

 

 

 

 

 

______________________________                        __________________________

SHEILA BIRRELL, TOWN CLERK                          DON COUSENS, MAYOR

 

(Signed)