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                                                                                                              2002-05-28 -7:00 p.m.

COUNCIL MINUTES  Council Chamber, Civic Centre

Meeting No. 11

 

(Canada Room)

COMMITTEE OF THE WHOLE

 

ROLL CALL

Deputy Mayor F. Scarpitti, Regional Councillor G. Landon, Councillor S. Daurio (7:00 p.m.), Councillor E. Shapero, Councillor J. Virgilio, Councillor J. Heath, Councillor D. Horchik (7:00 p.m.), Councillor K. Usman, Councillor A. Chiu (7:00 p.m.). (9)

 

Regrets

Mayor D. Cousens, Regional Councillor T. Wong, Regional Councillor B. O'Donnell, Councillor G. McKelvey. (4)

 

Moved by Regional Councillor G. Landon

Seconded by Councillor E. Shapero

 

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

 

(1)        Confidential Property Matter (10.7)

(2)        Acquisition of the Jessamyn Holdings Limited Lands for Parkland (10.7)

(3)        Taxi and Limousine Licensing (2.23)

(4)        Markham's On A Roll! (5.1 & 12.2.6)

 

CARRIED

 

 

The Regular Meeting of Council was held on May 28, 2002 at 7:05 p.m. in the Council Chamber, Civic Centre.  Deputy Mayor F. Scarpitti presided.

 

 

(Council Chambers)

COUNCIL

 

ROLL CALL

Deputy Mayor F. Scarpitti, Regional Councillor G. Landon, Councillor S. Daurio, Councillor E. Shapero, Councillor J. Virgilio, Councillor J. Heath, Councillor D. Horchik, Councillor K. Usman, Councillor A. Chiu. (9)

 

Regrets

Mayor D. Cousens, Regional Councillor T. Wong, Regional Councillor B. O'Donnell, Councillor G. McKelvey. (4)


 

STAFF

J. Livey, Chief Administrative Officer

S. Birrell, Town Clerk

B. Cribbett, Treasurer

P. Miller, Acting Manager, Secretariat Services

B. Nanninga, Executive Assistant

R. Robinson, Town Solicitor

J. Sales, Commissioner of Community and Fire Services

A. Taylor, Commissioner of Corporate Services

M.F. Turner, Commissioner of Development Services

 

 

 

1.         DISCLOSURE OF PECUNIARY INTEREST

 

None declared.

 

 

 

2.         MINUTES

 

(1)        COUNCIL MEETING
            - MAY 14, 2002

 

Moved by Councillor S. Daurio

Seconded by Councillor A. Chiu

 

That the Minutes of the Council Meeting held on May 14, 2002, be adopted.

 

Carried

 

 

3.         PRESENTATIONS

 

(1)        YORK REGION HUMAN SERVICES PLANNING COALITION (13.4)

 

Susan Taylor, Director, Human Services Planning, York Region, Bob McCulloch, Community Member, Human Services Planning Coalition, and Harvey Nightingale, Nightline Communications Ltd., were in attendance and presented to Council.  The Human Services Planning Coalition (HSPC) was formed eighteen months ago by the Regional Municipality of York to ensure sustainable, integrated planning and funding of human services in York Region.  Ms. Taylor and Mr. McCulloch advised of the coalition's milestones, successes and vision for the future and the critical path necessary to achieve that vision.


 

Moved by Regional Councillor G. Landon

Seconded by Councillor K. Usman

 

Whereas rapid growth in population and increasing diversity in York Region, dictates innovative, collaborative approaches to human service delivery;

 

And whereas planning together is the model for future human service delivery in York Region;

 

And whereas a coalition of partners working together can be a powerful advocate and a strong credible voice for human service issues in York Region;

 

And whereas the human services sector operates as an interdependent system so that a single success is a collective success for York Region;

 

Now therefore be it resolved that the Town of Markham Council recognize and support the purpose and goals of the Human Services Planning Coalition (HSPC) for York Region.

 

CARRIED

 

Moved by Councillor J. Virgilio

Seconded by Councillor K. Usman

 

That Council resolve into Committee of the Whole.

 

CARRIED

 

4.         REPORT OF THE COMMITTEE OF THE WHOLE

 

Moved by Councillor K. Usman

Seconded by Councillor J. Virgilio

 

That Council rise and report.

CARRIED

 

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

 

(1)        CONFIDENTIAL PROPERTY MATTER
            JESSAMYN HOLDINGS LIMITED
            GERMAN MILLS ROAD, THORNHILL (10.7)

 

Moved by Councillor E. Shapero

Seconded by Councillor J. Heath


 

That Council of the Corporation of the Town of Markham hereby authorizes the Mayor and Clerk to execute the necessary by-law and Application for Approval to Expropriate land, in the form attached to this report, in respect of the property described as Part of PIN 03014-0620(LT), being Part of Lot 4, Concession 3, as in Instrument No. MA108020, in the Town of Markham, in the Regional Municipality of York.

 

CARRIED

(See following recorded vote)

(7:2)

 

            Yeas:    Deputy Mayor F. Scarpitti, Regional Councillor G. Landon, Councillor E. Shapero, Councillor J. Virgilio, Councillor J. Heath, Councillor K. Usman, Councillor A. Chiu. (7)

 

            Nays:   Councillor S. Daurio, Councillor D. Horchik. (2)

 

 

(2)        PUBLIC BENEFITS OF THE CONTEMPLATED
ACQUISITION OF THE JESSAMYN HOLDINGS LIMITED
LANDS FOR PARKLAND (10.7)

 

Moved by Councillor E. Shapero

Seconded by Councillor J. Heath

 

And that the tabled Development Services Commission report dated May 18, 2002 entitled "Public Benefits of the Contemplated Acquisition of the Jessamyn Holdings Limited Lands for Parkland" be received as information;

 

And that the Town pursue the acquisition of the Jessamyn Holdings Limited Lands, subject to confirmation of appropriate funding arrangements with co-funding partners.

 

CARRIED

(See following recorded vote)

(7:2)

 

            Yeas:    Deputy Mayor F. Scarpitti, Regional Councillor G. Landon, Councillor E. Shapero, Councillor J. Virgilio, Councillor J. Heath, Councillor K. Usman, Councillor A. Chiu. (7)

 

            Nays:   Councillor S. Daurio, Councillor D. Horchik. (2)

 


 

(3)        TAXI AND LIMOUSINE LICENSING (2.23)

That the letter dated May 23, 2002 from Nathan Asare and Magdi Abdelaziz requesting that the matter of taxi and limousine licensing be stopped or delayed, be received.

 

CARRIED

 

 

(4)        MARKHAM'S ON A ROLL! (5.1 & 12.2.6)

 

That staff of the Community Services Commission report back at the June 11, 2002 Committee of the Whole meeting regarding the "Markham's on a Roll" pilot project.

 

CARRIED

 

Moved by Regional Councillor G. Landon

Seconded by Councillor K. Usman

 

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

 

CARRIED

 

 

 

5.         DELEGATIONS

 

(1)        Gary Dunlop, Kolter Properties Limited, expressing concerns regarding the proposed new Town of Markham Sign By-law (Other Business, Clause No. 1) (2.16 & 10.8)

 

(2)        Martin Rendl, Martin Rendl Associates, advising of two minor amendments regarding the proposed new Town of Markham Sign By-law (Other Business, Clause No. 1) (2.16 & 10.8)

 

 

 

6(a)      REPORT NO. 27 - ENVIRONMENT & TRANSPORTATION COMMITTEE

 

Moved by Councillor J. Virgilio

Seconded by Councillor K. Usman

 

That Report No. 27 - Environment & Transportation Committee be received and adopted.

 


May 13, 2002

 

(1)        ANGUS GLEN COMMUNITY CENTRE (6.6 & 5.10)

 

That Markham Council endorse the advancement by the Region of York of the construction of Major Mackenzie Dr. from Warden Ave. to the east limit of the proposed Angus Glen Community Centre from 2005 to 2002/2003;

 

And that Markham Council endorse the reprogramming by the Region of Warden Ave. improvements from Steeles Ave. to Hwy 407 from 2002/2003 to 2003/2004;

 

And that the Region be requested to install traffic signals, at the east and west entrances of the Community Centre as part of their Major Mackenzie construction contract;

 

And that, York Regional Council and Kees Schipper, Commissioner of Transportation and Works, be advised accordingly.

 

 

(2)        OTHER COMMITTEE PROCEEDINGS
            - MINUTES OF ENVIRONMENT & TRANSPORTATION2
            COMMITTEE MEETING – MAY 13, 2002 (16.0)

 

That the Environment & Transportation Committee minutes dated May 13, 2002 be received.

 

CARRIED

 

 

 

6(b)      REPORT NO. 28 - FINANCE & ADMINISTRATIVE COMMITTEE

 

Council consented to separate Clauses (9) and (16 - Clause 19 regarding the Markham Jazz Festival - see Motion (1))

 

Moved by Councillor K. Usman

Seconded Councillor E. Shapero

 

That Report No. 28 - Finance & Administrative Committee be received and adopted.

 

May 21, 2002

 

(1)        ABIDIEN INC. - MODEL HOME AGREEMENT
            LOTS 3 AND 4, 19TM-98005 (8.4)

 

That the Town be authorized to enter into a Model Home Agreement with Abidien Inc. with respect to Lots 3 and 4, on Draft Plan of Subdivision 19TM-98005 and that the Mayor and Clerk be authorized to execute the agreement in a form satisfactory to the Town Solicitor.

 


 

(2)        ABIDIEN INC. - MODEL HOME AGREEMENT
            LOT 1, 19TM-97009 (8.4)

 

That the Town be authorized to enter into a Model Home Agreement with Abidien Inc. with respect to Lot 1, on Draft Plan of Subdivision 19TM-97009 and that the Mayor and Clerk be authorized to execute the agreement in a form satisfactory to the Town Solicitor.

 

 

(3)        PRIVATIZATION OF HYDRO ONE (13.5.1)

 

That the report entitled 'Privatization of Hydro One' be received;

 

And that the resolution passed by the Council of the Regional Municipality of Durham, at their meeting held on March 27, 2002, requesting that the Province of Ontario not sell Hydro One, be endorsed;

 

And that copies of this resolution be circulated to all municipalities, A.M.O. and all M.P.P.'s in Ontario.

 

 

(4)        AMALCO II (13.7)

 

That Council supports a letter being forwarded to the Honourable Janet Ecker, Minister of Finance, regarding the transfer tax exemption and that a meeting be arranged with Minister Ecker and representatives of the Town of Markham regarding this issue.

 

 

(5)        2002 MARKHAM VILLAGE B.I.A. OPERATING
            BUDGET (7.4)

 

That the 2002 Operating Budget for the Markham Village B.I.A. in the amount of $173,500.00 be approved.

 

 

(6)        2002 UNIONVILLE B.I.A. OPERATING
            BUDGET (7.4)

 

That the 2002 Operating Budget for the Unionville B.I.A. in the amount of $140,551.00 be approved.

 

 

(7)        2002 TAX RATES AND LEVY BY-LAW (7.3)

 

That the by-law to provide for the levy and collection of property taxes totaling $336,898,099 required by the Town of Markham, Regional Municipality of York, Boards of Education, and to provide for the mailing of notices requesting payment of taxes for the year 2002, be approved;


 

And that the Treasurer be authorized to set tax installment due dates later this year for the 2002 levy for the non-residential classes.

(By-law 2002-87)

 

 

(8)        4561 HIGHWAY 7, UNIONVILLE
            MONTESSORI NORTH SCHOOL
            LEASE AMENDING AGREEMENT (8.2)

 

That Council approve the lease amendment for 4561 Highway 7, Unionville, between the Town of Markham and Farideh Afshar c.o.b. Montessori School North, for a period of one (1) year commencing July 1, 2002 and to expire on June 30, 2003, at a rate of $1,400.00 per month;

 

And that the Mayor and Town Clerk be authorized to execute the lease amendment in a form satisfactory to the Town Solicitor.

 

 

(9)        WASTEWATER COLLECTION SYSTEM
            REHABILITATION AND MAINTENANCE
            TENDER (7.12.1)

Moved by Councillor J. Heath

Seconded by Councillor J. Virgilio

 

That RFP #030-R-02 for the 'Wastewater Collection System Rehabilitation & Maintenance' be awarded to the sole bidder, LiquiForce Sewer Services Ltd. for an estimated total amount of $1,025,354.00 inclusive of all taxes ($987,023.00 inclusive of 3% GST);

 

And that the contract be funded from a new capital project called 'Wastewater Collection System Rehabilitation & Maintenance' established by the consolidation of the existing capital project numbers 850, 852, 1013, 1014, 1160, 1161 and 2303;

 

And that upon completion of the project, staff be directed to close the capital account.

 

CARRIED

 

 

(10)      MARKHAM MOBILITY FOUNDATION
            8TH ANNUAL GOLF TOURNAMENT -
            AUGUST 19, 2002 (12.2.6)

 

That the request from the Markham Mobility Foundation to participate in its 8th Annual golf tournament, lunch and barbecue dinner at the Silver Lakes Golf & Country Club, Newmarket on Monday, August 19, 2002 at an early bird special rate of $225 (single and $900 per foursome) be received;


 

And that sponsorship in the amount of $500.00 be approved and be charged to the 2002 grant budget;

 

And that any Member of Council who wishes to attend may do so with costs to be paid through his/her respective budget.

 

 

(11)      GREEK ORTHODOX COMMUNITY OF MARKHAM
            REQUEST FOR SPECIAL OCCASION PERMIT -
            ANNUAL GREEK FESTIVAL - JULY 19, 20, 21 AND
            JULY 26, 27, 28, 2002 (3.21)

 

That the Town Clerk be directed to advise the Alcohol and Gaming Commission of Ontario that the annual Greek Festival is a community festival held at 11359 Warden Avenue and the Town of Markham has no objection to the issuance of a Special Occasion Permit subject to compliance with all applicable by-laws, regulations and Town's requirements for Special Occasion Permits with respect to temporary facilities.

 

 

(12)      THE UNIONVILLE BIA
REQUEST FOR GRANT - SUMMER CONCERT SERIES (7.6)

 

That the grant request from the Unionville BIA with respect to establishing a Summer Concert Series to be held at the new bandshell in 2002, be received;

 

And that a one-time seed grant in the amount of $5,000.00 be approved to the Unionville BIA for the Summer Concert Series;

 

And that the matter of the funding of such grant be referred to the Commissioner of Corporate Services and Treasurer to report back to the next meeting of the Finance & Administrative Committee to be held on Tuesday, May 28, 2002.

 

 

(13)      REQUEST TO CHANGE MEETING TIMES - JUNE 17, 2002
FINANCE & ADMINISTRATIVE COMMITTEE &
ENVIRONMENT & TRANSPORTATION COMMITTEE (16.23)

 

That the Standing Committee meeting times currently scheduled for June 17, 2002 be changed to the following:

 

            9:00 a.m. - Finance & Administrative Committee

            1:00 p.m. - Environment & Transportation Committee

 


 

(14)      VOLUNTEER APPRECIATION EVENT
TO RECOGNIZE MARKHAM VOLUNTEERS (12.2.6)

 

That an annual volunteer appreciation event be held on an annual basis;

 

And that this event be funded from the annual grant budget in the amount of $25,000.

 

 

(15)      FORUM CAPITAL CORPORATION (MINERVA
            CAPITAL INC.) TOWN OPTION TO PURCHASE
            LANDS - 4177 HIGHWAY NO. 7 (8.6)

 

That the Town Solicitor be authorized to exercise its Option to Purchase certain lands known as 4177 Highway No. 7 from Minerva Capital Inc., in accordance with the Minutes of Settlement dated October 31, 2001, OMB File No. PL-991095, on or before May 30th, 2002;

 

And that the Town Solicitor and Manager of Real Property be authorized to negotiate a purchase price with the current Owner of such property, with the final price to be subject to Council approval.

 

 

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

 

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

 

CARRIED

 

 

 

6(c)      REPORT NO. 29 - DEVELOPMENT SERVICES COMMITTEE

 

Council consented to separate Clause (8) and (9).

 

Moved by Councillor J. Heath

Seconded by Councillor D. Horchik

 

That Report No. 29 - Development Services Committee be received and adopted.


 

May 21, 2002

 

(1)        ECONOMIC ALLIANCE MISSION TO CARY, NORTH CAROLINA (10.16)

 

That the report entitled “Delegation to Cary, North Carolina” be received,

 

And That the Town authorize the Director of Economic Development to proceed with the implementation of an economic alliance mission to Cary, North Carolina at a cost not to exceed $4,100.00 to be funded from the approved 2002 Business Travel account #610-9985201,

 

And Further That Regional Councillor Bill O’Donnell and Chief Administrative Officer John Livey be approved to participate in the economic alliance mission to Cary, North Carolina.

 

 

(2)        BILL 124 - BUILDING CODE STATUTE
LAW AMENDMENT ACT, 2001 (10.13)

 

That the Building Standards Department report entitled “Bill 124 - Building Code Statute Law Amendment Act, 2001” be received;

 

And that Council adopt the recommendations contained in this report and itemized in Appendix A regarding Bill 124, An Act to improve public safety and to increase efficiency in building code enforcement, and forward these recommendations to the Province of Ontario for consideration during the legislative process;

 

And further that once the details and timing of the final legislation and implementing regulations are known, that the Director of Building Standards report to the Development Services Committee on the impact of the proposed legislation on the Town of Markham, along with recommendations for further implementation of its provisions.

 

 

(3)        PICKERING AIRPORT SITE:
PROPOSED FEDERAL AIRPORT ZONING REGULATIONS (5.15.2, 13.5.2)

 

That the Report entitled “Pickering Airport Site:  Proposed Federal Airport Zoning Regulations” dated, May 21, 2002, be received;

 

And that the Regional Director General for Transport Canada be advised that:

a)      the Town of Markham appreciates the consultation process undertaken by Transport Canada with the Town, other affected municipalities, and stakeholders to consider an “alternate approach” to Federal Airport Zoning Regulations;

b)      due to unresolved legal and administrative concerns, acknowledged by the participating stakeholders, the Town of Markham no longer wishes to consider the alternate approach; and,

c)      the Town of Markham wishes to be kept informed regarding the implementation of Federal Airport Zoning Regulations affecting lands in Markham.


 

And that Mayor Wayne Arthurs, City of Pickering, be advised of Council’s decision and thanked for his role in sponsoring the stakeholder discussions.

 

 

(4)        MARKHAM INTERIM CONTROL BY-LAW 2002-20
MAIN STREET UNIONVILLE CORE AREA
APPEALS TO THE ONTARIO MUNICIPAL BOARD (10.8, 13.13)

 

That in response to the two Notices of Appeal received relating to Interim Control By-law No. 2002-20 for the Main Street Unionville Core Area, no amendment be made to such by-law.

 

 

(5)        1438670 ONTARIO INC., 159 AND 159A MAIN ST. UNIONVILLE
            ZONING BY-LAW AMENDMENT (ZA. 01-108462) (10.5)

 

That the deputation by Ms. Karen Davis, 159 Main Street, Unionville, regarding concerns for the proposed zoning by-law amendment for 159 and 159A Main Street, be received.

 

And that the application for zoning by-law amendment, File ZA. 01-108462, submitted by 1438670 Ontario Inc. to permit a hotel use at 159 and 159A Main Street, Unionville be approved, and the implementing amendment to By-law 122-72, as amended, be enacted without further notice, with inclusion of Holding provisions, not to be removed until execution of a site plan agreement.

 

 

(6)        NEAMSBY INVESTMENTS INC., 1525 DENISON STREET
REZONING TO PERMIT A FARMERS MARKET (ZA 01 118464) (10.5)

 

That the rezoning application (ZA 01 118464) submitted by Neamsby Investment Inc. to permit a farmers market at 1525 Denison Street be approved and the draft Zoning By-law be enacted without further notice.

(By-law 2002-88)

 

 

(7)        STRINGBRIDGE DEVELOPMENTS LIMITED
NORTH SIDE OF CLEGG AVENUE, SOUTHWEST CORNER OF
HIGHWAY 7 AND SOUTH TOWN CENTRE BLVD
APPLICATION FOR HOLD REMOVAL AND
SITE PLAN APPROVAL (SC.02101401, ZA.00234719) (10.5, 10.6)

 

That the site plan application (SC.02101401) submitted by Stringbridge Developments Inc. to permit two industrial buildings on Clegg Road, be approved, subject to the following conditions:

 

1.   That the final site plan and elevation drawings be submitted to the satisfaction of the Commissioner of Development Services;

 

2.   That the Owner submit a Landscape Plan, prepared by a Landscape Architect having O.A.L.A. membership, to the satisfaction of the Commissioner of Development Services;


 

3.   That the Owner enter into a site plan agreement with the Town that contains all standard and special provisions and requirements of the Town and public agencies;

 

4.   That the site plan agreement provide for the payment, by the Owner, of all applicable fees, recoveries, cash-in lieu of parkland, Developer’s Group obligations and local services contributions;

 

5.   That the Owner comply with all requirements of the Town and authorized public agencies, to the satisfaction of the Commissioner of Development Services;

 

6.   That the Owner convey to the Town, at no cost, the lands required for the extension of Clegg Road to Rodick Road and the Town transfer to the Owner the surplus land for the existing cul-de-sac on the north side, to the satisfaction of the Director of Engineering.

 

7.   That the Owner convey an easement at no cost to the Region of York for the Highway 404 Trunk Sanitary Sewer;

 

8.   That construction activity for the proposed buildings (including the common access driveway from Clegg Road) will be contained within “extent of work” boundaries as identified on the site plan and that there be no storage of material and/or machinery and stockpiling of topsoil and/or fill on the remainder of the property during construction of the proposed buildings. Further, there will be no direct construction access to the above site from Highway #7 and/or South Town Centre Boulevard; and,

9.   Further that the site plan approval will lapse after a period of three years commencing May 21, 2002, in the event that a site plan agreement is not executed within that period.

 

And that the By-law amendment application (ZA.00234719) to remove the Hold provision for the portion of the lot subject to the site plan application, be enacted by Council without further notice;

 

And that the revised Development Phasing Plan for Warden West, be adopted;

 

And that Appendix I to the Central Area Secondary Plan (OPA 21) is amended to reflect the changes in the Warden West Development Phasing Plan.

 

And that staff be authorized to proceed with the process to stop up and close the surplus lands for the existing cul-de-sac and that surplus lands on the north side of the ultimate Clegg Road right-of-way be transferred to the Owner.

(By-law 2002-89)

 

 

(8)        IMPLEMENTATION AND CONTROL OF CORNER LOT
FENCING IN MARKHAM'S NEW COMMUNITIES (10.0)

 

That the report entitled “Implementation and Control of Corner Lot Fencing in Markham’s New Communities” dated May 21, 2002, to the Development Services Committee, be received;


 

And that Council give approval, in principle, to staff’s proposed approach to dealing with various fencing matters within the Town which includes:

  1. A technical amendment of the current Fence By-law to eliminate any areas of ambiguity in language or intent;
  2. Creating a “Homebuyer’s Guide” for the new communities within Markham to educate new residents on fencing compliance and other relevant matters;
  3. Clearly setting out in purchase and sale agreements and registered on title, the developer / builder obligation to build corner lot fencing;
  4. Ensuring that fence by-law information is posted in all sales trailers and sales offices.

 

And that Council not proceed with a fence permitting system for privacy fences on residential properties;

 

And that staff proceed with the proposed approach as outlined and report back to Development Services Committee on progress made including an amended fence by-law and including recommendations to ensure developers install proper fencing prior to occupancy;

 

And that staff report on the possibility of incorporating easements in favour of the Town into subdivision agreements, to allow access to properties for fencing purposes;

 

And further that, in the older established areas of Town, information be provided to homeowners to educate them on fencing compliance and other relevant matters.

 

CARRIED AS AMENDED

(See following motion to amend)

 

            Moved by Councillor J. Heath

            Seconded by Regional Councillor G. Landon

 

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

 

            " And further that, in the older established areas of Town, information be provided to homeowners to educate them on fencing compliance and other relevant matters."

 

CARRIED

 

 

(9)        OTHER COMMITTEE PROCEEDINGS
            - MINUTES OF DEVELOPMENT SERVICES
            COMMITTEE MEETING – MAY 21, 2002 (16.0)

 

Moved by Councillor J. Heath

Seconded by Councillor J. Virgilio

 

That the Development Services Committee minutes dated May 21, 2002 be received.

 

CARRIED


 

6(d)      REPORT NO. 30 - ENVIRONMENT AND TRANSPORTATION COMMITTEE

 

Council consented to add Report No. 30 - Environment and Transportation Committee - May 27, 2002.

 

Moved by Councillor J. Virgilio

Seconded by Councillor E. Shapero

 

That Report No. 30 - Environment and Transportation Committee be received and adopted.

 

(1)        FLETCHER'S FIELD - REQUEST FOR EXEMPTION
FOR ON-STREET PARKING RESTRICTION
ON 19TH AVENUE - JUNE 8 AND 29, 2002 (2.10)

 

That an exemption to the Town's Parking By-law No. 336-88, as amended, be granted to allow for parking on the south side of 19th Avenue from Woodbine Avenue west to Highway 404, on June 8 and June 29, 2002;

 

And that Fletcher's Field Limited procure the services of paid duty police officers to monitor traffic movements on 19th Avenue at the entrance to their site.

 

CARRIED

 

 

6(e)      REPORT NO. 31 - FINANCE AND ADMINISTRATIVE COMMITTEE

 

Council consented to add Report No. 31 - Finance and Administrative Committee - May 28, 2002.

 

Moved by Regional Councillor G. Landon

Seconded by Councillor A. Chiu

 

That Report No. 31 - Finance and Administrative Committee be received and adopted.

 

(1)        CIVIC CENTRE SPACE PLANNING (12.4)

That Council endorse the 2002 Civic Centre Space Planning Project;

 

And that $550,000 in funding be approved from the following Capital projects:

$300,000 from 044-6150-4895 and $250,000 from 044-6100-005-005.

 


 

(2)        ALAN WELLS RETIREMENT DINNER (12.2.6)

 

That the Town of Markham purchase a table of ten at a cost of $750.00 for the dinner honouring Alan Wells, Chief Administrative Officer, Region of York, to be held at Le Parc Dining and Banquet Hall on Thursday, June 27, 2002.

 

CARRIED

 

 

 

7.         MOTIONS

 

Council consented to add Motions (1) and (2),

 

(1)        JAZZ FESTIVAL - REQUEST FOR GRANT (7.6)

 

Moved by Councillor J. Heath

Seconded by Councillor J. Virgilio

 

That the request from the Markham Jazz Festival for a grant in the region of $2,000 from the Celebrate Markham programme be approved.

 

LOST

 

 

 

(2)        MARKHAM JAZZ FESTIVAL (3.5)

 

Moved by Councillor J. Virgilio

Seconded by Councillor K. Usman

 

That the request from the Markham Jazz Festival Committee to close Main Street Unionville from north of Fred Varley Drive to south of Carlton Road to facilitate the Markham Jazz Festival being held on August 17, 2002 between the hours of 6:00 p.m. and 11:00 p.m. be approved.

 

CARRIED

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

 

 


 

8.         COMMUNICATIONS

 

Council consented to add Communication No. 179-2002.

 

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

 

Received

171-2002         City of Pickering - Forwarding a resolution concerning the federal lands in Pickering, Markham and Uxbridge in connection with the use of the alternative approach to federal airport zoning and participation in a formal Stakeholders Consultative Process with Transport Canada. (13.5.2)

 

172-2002         Township of North Himsworth - Forwarding a resolution regarding petitioning the Federal and Provincial governments to amend legislation to permit municipal governments and municipal boards/committees to accept donations derived from various legal lottery events to be used solely on charitable purposes. (13.5.1)

 

173-2002         Association of Municipalities of Ontario, Regional Municipality of York Police Services Board & City of Mississauga - Forwarding responses to the Town of Markham's resolution regarding speed enforcement and speed limits on local roads. (5.12.2)

 

174-2002         City of Woodstock - Forwarding a resolution requesting the Ontario Government to review the mandate and operation of the Ontario Municipal Board and to request the Association of Municipalities of Ontario to establish a task force to recommend on the relevance and the composition of an adjudicating body. (13.5.2)

 

175-2002         Gary Dunlop, Kolter Property Company - Forwarding comments with respect to the proposed new Sign By-law. (2.16 & 10.8)
(Other Business - Clause 1) (By-law 2002-94)

 

179-2002         Sam Orrico - Forwarding a letter dated May 28, 2002 requesting that consideration of the proposed new Town of Markham Sign By-Law be deferred to the September 3, 2002 Council meeting to allow him time to review and comment. (Other Business - Clause 1) (2.16 & 10.6) (By-law 2002-94)

 

 

Referred to all Members of Council

176-2002         Liquor Licence Application - Request to complete the Municipal Information Form for Dot Com Japanese Restaurant & Sushi Bar, 8261 Woodbine Avenue, Unit 101, Markham (indoor area). (3.21)

 


 

Referred to Commissioner of Development Services

177-2002         Ontario Municipal Board - Forwarding decision with respect to the application submitted by Madrid Developments Limited allowing the rezoning of lands at 5221 Highway 7 to permit various additional commercial uses and approving site plan, elevations, servicing, landscaping, erosion control and grading plans. (13.13, 10.5, 10.6, 8.0)
(By-laws 2002-90 and 2002-91)

 

178-2002         Ontario Municipal Board - Forwarding decision with respect to the application submitted by 1212763 Ontario Limited (Azuria Group) to rezone lands at 10271, 10327 and 10391 Woodbine Avenue to permit the development of 370-unit plan subdivision. (13.13, 10.5, 10.7, 8.0)
(By-laws 2002-92 and 2002-93)

 

CARRIED

 

 

 

9.         OTHER BUSINESS

 

(1)        SIGN BY-LAW STUDY AND NEW SIGN BY-LAW (2.16 & 10.8)

 

Notice was given in the Markham Economist and Sun and the Thornhill Liberal on Saturday, May 11, 2002 that the Council of the Corporation of the Town of Markham intends to pass a new Sign By-law at the meeting this May 28, 2002.

 

Mr. Martin Rendl, Martin Rendl Associates, advised of two proposed minor amendments to the proposed new Sign By-law:

 

      1.      Section 6.1 "Table A" adding the words "Non Residential" to the title.

 

      2.      Section 8.1 "Table C" making reference to "See Section 4.1 for commercial uses in industrial zones."

 

Mr. Gary Dunlop, Kolter Properties Limited, expressed concern regarding sections 4.5 and 4.7 in connection with roof signs which were discussed and addressed.

 

Some discussion took place regarding concerns over the placement of election signs in residential areas.  It was agreed to refer this matter and the concerns expressed in Councillor Heath's communication back to staff.

 

Moved by Councillor J. Heath

Seconded by Regional Councillor G. Landon

 

That the proposed new Town of Markham Sign By-law, be approved and enacted without further notice;


 

And that concerns regarding election signage in residential zones and the following suggestions, be referred to staff of the Development Services Commission for a further report and recommendation;

 

And that the Town of Markham request the Region of York to assign all the powers it now exercises concerning regulation and enforcement of signs, including signs on Regional property and rights of way in Markham, to the Town;

 

And that, for the proper implementation of the new sign bylaw, staff be directed to hire two sign bylaw enforcement people this year, or at least one immediately and second for the new fiscal year starting January 1, 2003;

 

And that improvements be made in the bylaw, including the following:

 

            a)         Real estate signs for the sale of used homes can only be located on the lot for sale.

            b)         A-Frame business signs must be taken in at night.

            c)         A-Frame and Mobile signs must display the Town's permit number, including the expiry date, in clear view.

            d)         Developer signs for new homes can not be erected prior to draft plan approval, and must be removed once 90% of the lots have been sold.

            e)         If a business has a readograph sign, then no mobile sign permit can be issued to the same address.

(By-law 2002-94)

 

CARRIED AS AMENDED

(See following motion to amend)

 

            Moved by Councillor J. Heath

            Seconded by Regional Councillor G. Landon

 

            That Clause (1) be amended to add the following:

 

"And that concerns regarding election signage in residential zones and the following suggestions, be referred to staff of the Development Services Commission for a further report and recommendation;

 

"And that the Town of Markham request the Region of York to assign all the powers it now exercises concerning regulation and enforcement of signs, including signs on Regional property and rights of way in Markham, to the Town;

 

"And that, for the proper implementation of the new sign bylaw, staff be directed to hire two sign bylaw enforcement people this year, or at least one immediately and second for the new fiscal year starting January 1, 2003;


 

"And that improvements be made in the bylaw, including the following:

 

                  a)      Real estate signs for the sale of used homes can only be located on the lot for sale.

                  b)      A-Frame business signs must be taken in at night.

                  c)      A-Frame and Mobile signs must display the Town's permit number, including the expiry date, in clear view.

                  d)      Developer signs for new homes can not be erected prior to draft plan approval, and must be removed once 90% of the lots have been sold.

                  e)      If a business has a readograph sign, then no mobile sign permit can be issued to the same address."

 

CARRIED

 

 

(2)        GTA WETLAND WATCH COMMITTEE (5.7)

 

That the request for support from the GTA Wetland Watch Committee in the naming of a small tributary of the Little Rouge River in the Towns of Markham and Whitchurch/Stoufville to "Willowgrove Creek", be endorsed.

 

CARRIED

 

 

 

10.       BY-LAWS

 

Council consented to add By-law 2002-102.

 

Moved by Regional Councillor G. Landon

Seconded by Councillor D. Horchik

 

That By-laws 2002-87 to 2002-102 be given three readings and enacted.

 

Three Readings

 

BY-LAW 2002-87      A by-law to provide for the levy and collection of sums required by the Corporation of the Town of Markham for the year 2002 and to provide for the mailing of notices demanding payment of taxes for the year 2002
(Clause 7, Report No. 28, 2002)

 

BY-LAW 2002-88      A by-law to amend Zoning By-law 90-81, as amended (Neamsby Investment Inc., 1525 Denison Street - To permit a farmers market)
(Clause 6, Report No. 29, 2002)


 

BY-LAW 2002-89      A by-law to amend Zoning By-law 177-96, as amended (Stringbridge Developments Inc, Part of Block 1, Plan 65M-2668 - To remove Holding Provision (H))
(Clause 7, Report No. 29, 2002)

 

BY-LAW 2002-90      A by-law to amend Zoning By-law 2325-68, as amended (Madrid Developments Limited, 5221 Highway 7 - To delete subject lands from the designated area by-law so that it may be incorporated into Zoning By-law 177-96, as amended to permit various additional commercial uses.) (Ontario Municipal Board Approval) (Communication No. 177-2002)

 

BY-LAW 2002-91      A by-law to amend Zoning By-law 1229, as amended (Madrid Developments Limited, 5221 Highway 7 - To permit various additional commercial uses.) (Ontario Municipal Board Approval) (Communication No. 177-2002)

 

BY-LAW 2002-92      A by-law to amend Zoning By-law 304-87, as amended (1212763 Ontario Limited (Azuria Group), 10271, 10327 and 10391 Woodbine Avenue - To delete subject lands from the designated area by-law so that it may be incorporated into Zoning By-law 177-96, as amended to permit the development of 370-unit plan of subdivision.) (Ontario Municipal Board Approval) (Communication No. 178-2002)

 

BY-LAW 2002-93      A by-law to amend Zoning By-law 177-96, as amended (1212763 Ontario Limited (Azuria Group), 10271, 10327 and 10391 Woodbine Avenue - To permit the development of 370-unit plan of subdivision.) (Ontario Municipal Board Approval) (Communication No. 178-2002)

 

BY-LAW 2002-94      A by-law to prohibit and regulate signs and other advertising devices and the posting of notices on buildings or vacant lots within the Town of Markham and to repeal in their entirety By-laws 121-93 and 247-94, as amended.
(Other Business - Clause (1))

 

BY-LAW 2002-95      A by-law to dedicate certain lands as part of the highways of the Town of Markham (Blocks 113, 114, 116 and 117, Plan 65M-2999 - Lemsford Drive)
(Council Meeting No. 11, 2002)

 

BY-LAW 2002-96      A by-law to designate part of a certain plan of subdivision not subject to Part Lot Control (Woodbine Cachet South Inc., northwest corner of Sixteenth Avenue and Woodbine Avenue, Lots 168, 169, 170, 171, 172, 175, 176 and 177, Plan 65M-3526)
(Council Meeting No. 11, 2002)


 

BY-LAW 2002-97        A by-law to amend Zoning By-law 177-96, as amended (Abidien Inc. (Best Homes - South Unionville), 19TM-98005, Phase 2B - To remove Holding Provision (H))
(Council Meeting No. 11, 2002)

 

BY-LAW 2002-98      A by-law to amend Zoning By-law 177-96, as amended (Abidien Inc. (Best Homes - South Unionville), 19TM-97009, Phase 2A - To remove Holding Provision (H))
(Council Meeting No. 11, 2002)

 

BY-LAW 2002-99      A by-law to amend Zoning By-law 177-96, as amended (Monarch Construction Ltd, Phase 3A, Plan 19T-95009, Part of Lot 17, Concession 6 - To remove Holding Provision (H))
(Council Meeting No. 11, 2002)

 

BY-LAW 2002-100    A by-law to amend Zoning by-law 177-96, as amended (1107656 Ontario Ltd., Draft Plan of Subdivision 19TM-01013, Block 44, Registered Plan 65M-3226 - To remove Holding Provision (H))
(Council Meeting No. 11, 2002)

CARRIED

 

Moved by Regional Councillor G. Landon

Seconded by Councillor E. Shapero

 

BY-LAW 2002-102    A by-law to provide for the Making of Application for Approval to Expropriate Land for Park Purposes and to Create Additional Frontage onto German Mills Road for German Mills Settlers Park.
(Committee of the Whole Motion)

 

CARRIED

(See following recorded vote for By-law 2002-102)

(7:2)

            Yeas:    Deputy Mayor F. Scarpitti, Regional Councillor G. Landon, Councillor E. Shapero, Councillor J. Virgilio, Councillor J. Heath, Councillor K. Usman, Councillor A. Chiu. (7)

 

            Nays:   Councillor S. Daurio, Councillor D. Horchik. (2)

 

 

Moved by Councillor K. Usman

Seconded by Councillor J. Virgilio

 

BY-LAW 2002-101    A by-law to confirm the proceedings of the Council meeting of May 28, 2002.
(Council Meeting No. 11, 2002)

 

CARRIED


 

11.       ADJOURNMENT

 

Moved by Councillor A. Chiu

Seconded by Councillor S. Daurio

 

That the meeting do adjourn.

CARRIED

Council adjourned at 10:20 p.m.

 

 

 

 

 

 

_________________________________                  ____________________________________

SHEILA BIRRELL, TOWN CLERK                          FRANK SCARPITTI, DEPUTY MAYOR

 

(Signed)

 

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