2002-12-10 -1:00 p.m.

COUNCIL MINUTES  Council Chamber, Civic Centre

 

(Canada Room)

COMMITTEE OF THE WHOLE

 

ROLL CALL

Mayor D. Cousens, Deputy Mayor F. Scarpitti, Regional Councillor G. Landon (11:50 a.m.), Regional Councillor T. Wong, Regional Councillor B. O'Donnell, Councillor S. Daurio, Councillor E. Shapero, Councillor J. Virgilio, Councillor G. McKelvey, Councillor J. Heath, Councillor D. Horchik, Councillor K. Usman (11:48 a.m.), Councillor A. Chiu. (13)

 

 

Moved by

Seconded by

 

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

 

(1)        Core Services Organizational Redesign Report (7.0)

(2)        New Municipal Act - Council One-third Expense Remuneration (13.2.5 & 16.23)

(3)        Purchase of Tompion Limited Property (10.0)

(4)        Markham Centre Infrastructure Financing Proposal (10.8.1)

(5)        International Stone Sculpture Symposium in Markham (6.5 & 6.12)

(6)        City of Vaughan Representation on Regional Council (13.5.2)

(7)        2003 Advisory Committee/Board Appointments (16.24)

(8)        Purchase of 2 Fire Pumpers Single Source (7.12, 7.15 & 7.5)

(9)        Waste Disposal & Diversion Costs (5.1)

CARRIED

 

 

The Regular Meeting of Council was held on December 10, 2002 at 1:00 p.m. in the Council Chamber, Civic Centre.  Mayor D. Cousens presided.

 

 

(Council Chambers)

COUNCIL

 

ROLL CALL

Mayor D. Cousens, Deputy Mayor F. Scarpitti, Regional Councillor G. Landon, Regional Councillor T. Wong, Regional Councillor B. O'Donnell, Councillor S. Daurio, Councillor E. Shapero, Councillor J. Virgilio, Councillor G. McKelvey, Councillor J. Heath, Councillor D. Horchik, Councillor K. Usman, Councillor A. Chiu. (13)

 

 

STAFF

J. Livey, Chief Administrative Officer

J. Baird, Acting Commissioner of Development

   Services

S. Birrell, Town Clerk

B. Cribbett, Treasurer

J. Mascarin, Acting Town Solicitor

D. McClean, Fire Chief

P. Miller, Acting Manager, Secretariat Services

B. Nanninga, Executive Assistant

J. Sales, Commissioner of Community & Fire

   Services

A. Taylor, Commissioner of Corporate Services

 

 

 

1.         DISCLOSURE OF PECUNIARY INTEREST

 

Councillor J. Virgilio disclosed an interest with respect to Report No. 3, Clause (7), the proposed development by Peter Young at the southwest corner of Gable Avenue and William Berczy Boulevard, by nature of representing the property owner to the south of the subject property, 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 Councillor J. Heath

 

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)        CORE SERVICES ORGANIZATIONAL
            REDESIGN REPORT (7.0)

 

That the report entitled “Organizational Design Projects – Core Services Implementation” be received;

 

2.         REPORT OF THE COMMITTEE OF THE WHOLE - cont'd

 

 

And that the reorganized structures for the Corporate Services Commission, save and except the Legal Department, and Development Services Commission be approved as set out in Appendices B and C respectively;

 

And that the re-organization for the Office of the Chief Administrative Officer be deferred;

 

And that the part-time secondment of Mary-Frances Turner to the Region of York be approved for a one year period commencing January 1, 2003, so as to continue her work as the Executive Coordinator of the York Region Rapid Transit Plan;

 

And that the attached secondment agreement be approved.

 

 

(2)        NEW MUNICIPAL ACT- AMENDMENT TO COUNCIL
            ONE-THIRD EXPENSE REMUNERATION (13.2.5 & 16.23)

 

That the report entitled "The Municipal Act, 2001 - Amendment to Council One-Third Tax-Free Expense Remuneration", be received;

 

And that, effective January 1, 2003, Council remuneration is fully taxable pursuant to Section 283 of the Municipal Act, 2001;

 

And that Council enact a by-law, to be effective January 1, 2003, adjusting the annual remuneration of the Mayor and Members of Council by the highest marginal tax rates to compensate for 100% of remuneration being taxable;

 

And further that the Mayor's compensation be adjusted to $91,503, the Deputy Mayor's compensation be adjusted to $56,890 and Councillors' compensation be adjusted to $51,714 annually.

(By-law 2002-273)

 

 

(3)        PURCHASE OF TOMPION LIMITED PROPERTY (10.0)

 

That Council authorize Town staff to proceed with the purchase of the Tompion Limited Property based on the following revisions to the original recommendation:

 

1.   Minister of Natural Resources (MNR) will be reimbursed for the value of any lands required in the future through an Option Agreement between the Toronto Region Conservation Authority (TRCA) and The Regional Municipality of York for the following lands:

 

i.         That will be part of the Markham By-Pass including any portions required for road, rail and water crossings in connection therewith all as determined in accordance with any Environmental Assessment for such By-Pass;

 

2.         REPORT OF THE COMMITTEE OF THE WHOLE - cont'd

 

 

ii.       8 meters along the east limit of the Lands with such additional widths at road, rail and water crossings and grade separations and any other locations that require additional physical structure or grading, along the said east limit;

 

iii.      8 meters along the south limit of the Lands with such additional widths at road, rail and water crossings and grade separations and any other locations that require additional physical structure or grading, along the south side limit and required pursuant to obligations of the Region and other persons

 

2.   TRCA may transfer Lands west of 30 metres from the top of bank on the west side of the Rouge River traversing the Lands, provided the proceeds thereof, after deducting TRCA’s reasonable costs thereof, are paid equally to MNR, Markham and the Region. The Parties acknowledge that until the sale of this portion of the Lands, such portion shall continue to be subject to the Urban Designations in the Official Plans for the Region and Markham.

 

3.   The table lands to the east side of the said Rouge River will be re-vegetated in accordance with the objectives of the Rouge North Management Plan.

 

And that the Mayor and Clerk be authorized to execute all documents in a form satisfactory to the Town Solicitor as may be necessary to give affect to such purchase.

 

 

(4)        MARKHAM CENTRE
INFRASTRUCTURE FINANCING PROPOSAL (10.8.1)

 

Whereas Council and staff recognize that there are premium costs to deliver Markham Centre infrastructure including streetscapes, parks, urban squares, plazas and structured parking;

 

Therefore be it resolved that the presentation by Kim Beckman of Davies, Howe Partners on behalf of Ruland Properties regarding the finance challenges and strategies to build and implement Markham Centre , be received;

 

And that staff be directed to work with Ruland and other landowners in Markham Centre to:

 

·              identify, assess and make recommendations regarding suitable financial implementation tools and strategies for Council’s consideration,

 

·              provide a fiscal impact analysis of the various financial strategies on Markham,

 

·              identify, assess and make recommendations regarding the legislative framework that will need to be put in place to implement the Markham Centre financial strategy,

2.         REPORT OF THE COMMITTEE OF THE WHOLE - cont'd

 

 

·              coordinate the financial study findings with the Parking Authority study,

 

·              provide a potential benefits analysis of a preferred or of preferred financial strategies to the Province of Ontario,

 

And further that staff report back to Development Services Committee in the first quarter of 2003.

 

 

(5)        INTERNATIONAL STONE SCULPTURE
            SYMPOSIUM IN MARKHAM 2004 (6.5 & 6.12)

That Council endorse hosting the International Stone Sculpture Symposium in Markham in 2004, organized under the auspices of the ECHO Research Institute, with The Frederick Horsman Varley Art Gallery of Markham assuming a supportive role and serving as the official institutional liaison for the event; 

 

And that a Steering Committee be formed to act as advisors to the Sculpture Symposium organizers in relation to various aspects of event planning; i.e. sponsorship solicitation, programming, site specifications, visitor services, promotion and community relations, comprising representatives from a broad spectrum of stakeholders, i.e.:

 

·        Two members of Council (to be appointed by Council)

·        Two members of the ECHO Research Institute (Linda Cherry Soudack and Dr. Jadwiga Byszewski)

·        One member of the Program Committee/Gallery Board, The Varley Art Gallery (Bill Pickering)

·        Director/Curator, The Varley Art Gallery (Sharon Gaum-Kuchar)

·        One member of the Urban Design Group (Linda Irvine)

·        One member of the Unionville Business Improvement Areas (BIA) – (Karen Chadwick);

 

And that permission be granted (and issuance of a permit if required) to host the International Stone Sculpture Symposium on the property of Toogood Pond, pending the suitability of the location after site analysis; 

 

And that logistical support for preparing and completing the Sculpture Symposium site on

Toogood Pond be provided through services in kind as the municipal contribution to the event;

 

And that the Steering Committee provide advice to the Symposium organizers on potential sources of independent financing to target for the project (estimated @ $350,000.);

2.         REPORT OF THE COMMITTEE OF THE WHOLE - cont'd

 

 

And that the matter of incorporating the completed sculptures into the environs of Toogood Pond as part of a newly created Sculpture Garden and prominent facet of The Varley Art Gallery’s permanent art collection, be referred to the Public Art Policy Steering Committee for consideration;

 

And that the following Members of Council be appointed to the International Stone Sculpture Symposium Steering Committee:

 

            Councillor E. Shapero

            Councillor J. Virgilio (subject to his concurrence);

 

And that approval be subject to a Memorandum of Understanding with the Organizers for removal of the sculptures should they not fall within the Town's Public Art Policy.

 

 

(6)        CITY OF VAUGHAN
            REPRESENTATION ON REGIONAL COUNCIL (13.5.2)

 

That the recommendation and draft by-law from the Region of York in support of changing Regional Council's composition and size to permit an additional representative from the City of Vaughan, be received and endorsed.

 

 

(7)        2003 ADVISORY COMMITTEE/BOARD
            APPOINTMENTS (16.24)

 

Canada Day Committee

Javaid A. Khan                                                 term to expire November 30, 2003

Jeanette Anbinder                                             term to expire November 30, 2003

Shannon Walter                                                term to expire November 30, 2003

Lise Conde                                                       term to expire November 30, 2003

Kamini Bacchus                                                term to expire November 30, 2003

Andrew Lo                                                       term to expire November 30, 2003

Joan Masterton                                                 term to expire November 30, 2003

Ivy Lee                                                             term to expire November 30, 2003

Mallory Walter (student member)                     

 

Heintzman House Board

And that the following appointments to the Heintzman House Board be confirmed:

Rob Hansford                                                   term to expire November 30, 2003

Paul Glionna                                                     term to expire November 30, 2003

2.         REPORT OF THE COMMITTEE OF THE WHOLE - cont'd

 

 

Percy Surti                                                       term to expire November 30, 2003

Ed Hankins                                                       term to expire November 30, 2003

Sam Masson                                                    term to expire November 30, 2003

Richard Parry                                                   term to expire November 30, 2003

Ken Davis                                                        term to expire November 30, 2003

Don Henderson                                                term to expire November 30, 2003

Cam Durham                                                    term to expire November 30, 2003

Lifetime Non-Voting Members:

Warren Carroll

Merv Goldstein

 

Heritage Markham

And that the resignation of Kelly Smith from Heritage Markham be accepted with regret;

 

And that the following person be appointed to Heritage Markham:

Edward (Ted) Chisholm                                    term to expire November 30, 2004

 

Markham District Historical Museum Board

And that the following person be appointed to the Markham District Historical Museum Board:

Donna Metcalfe                                                term to expire November 30, 2005

 

 

(8)        PURCHASE OF 2 FIRE PUMPERS
            SINGLE SOURCE (7.12, 7.15, 7.5)

 

That the proposal for two (2) - 8000 1/min. Pumper Fire Apparatus be awarded to Safetek Emergency Vehicles in the amount of $1,236,000;

 

And that tax rate funding in the 2003 Preliminary Capital Budget be approved in the amount of $618,000 for the purchase of one (1) replacement pumper;

 

And further that funding in the amount of $618,000 be provided through Development Charges (DCA).

 

2.         REPORT OF THE COMMITTEE OF THE WHOLE - cont'd

 

 

(9)        WASTE DISPOSAL AND DIVERSION COSTS (5.1)

 

That the York Region letter and attachments, dated November 25, 2002 advising the following, be received:

 

1. Beginning January 1, 2003, the Regional Municipality of York, which has legislative responsibility for waste disposal, will absorb all costs related to:

a.       The transfer and disposal of waste;

b.      The processing of recyclable material

c.       The processing of household organic materials; and

d.      The processing of leaf and yard waste materials.

 

      2.   That the local municipalities will no longer be charged costs for the above services or receive revenues from the sale of those materials; and

 

      3.   Staff prepare a report on how the Region can continue having recycling and diversion as a high priority in the Region.

 

And that the Town of Markham requests that Regional staff meet with Markham staff to review the implications of item 2 above with respect to the Town of Markham’s current recycling program.

 

And further that Town of Markham staff report back to Council on this matter including, but not limited to, the financial implications.

 

 

Moved by Regional Councillor G. Landon

Seconded by Councillor J. Heath

 

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

 

CARRIED

 

 

 

3.         MINUTES

 

(1)        COUNCIL MINUTES
            - NOVEMBER 26, 2002

 

Moved by Councillor A. Chiu

Seconded by Councillor K. Usman

 

That Item 7, Clause (1), regarding the installation of speed humps, be amended to delete the word "discontinue" in the first paragraph and substitute with "consider";

 

And that the Minutes of the Council Meeting held on November 26, 2002, as amended, be adopted.

 

CARRIED

 

 

 

4.         PRESENTATIONS

 

(1)        MARKHAM STOUFFVILLE HOSPITAL SCULPTURE (12.2.6)

 

Mayor Cousens displayed a sculpture which was presented to the Town of Markham by the Markham Stouffville Hospital for becoming a patron.

 

 

(2)        ANNIVERSARY OF WILLIAM BERCZY'S BIRTHDAY (12.2.6)

 

Mayor Cousens announced that December 10th is the anniversary of the birth of William Berczy in 1744.

 

 

(3)        TOWN OF MARKHAM COMMUNITY CALENDAR (12.2.6)

 

Council extended congratulations to Marjorie Rebane and staff for the recent release of an excellent product in the 2003 Town of Markham Community Calendar.

 

 

 

5.         DELEGATIONS

 

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

 

Council of the Corporation of the Town of Markham is sitting this date as an Approving Authority under the Expropriations Act with respect to the Jessamyn Holdings Limited property on German Mills Road, Thornhill.  The obligation of Council under the Act is to consider the November 18, 2002 report of the Inquiry Officer resulting from the Hearing of Necessity which was received by the Town of Markham on November 20, 2002.  Council, sitting as the Approving Authority, will consider the Inquiry Officer's report and will make a determination under Section 8 of the Act.

 

Council had before it a report dated December 10, 2002 from the Acting Town Solicitor.

 

Roger Beaman, Thomson, Rogers, Solicitor for Jessamyn Holdings Limited, in support of the findings of the Inquiry Officer.  He urged that Council support only the expropriate lot 6 and, in that event, Jessamyn Holdings Limited would be willing to waive any injurious effect.

 

Mr. Stephen Waqué, Borden Ladner Gervais, Solicitor on behalf of the Town of Markham, was in attendance but did not address Council.

 

 

Moved by Regional Councillor F. Scarpitti

Seconded by Regional Councillor B. O'Donnell

 

That the question of the determination of the Approving Authority with respect to the expropriation of the lands owned by Jessamyn Holdings Limited on German Mills Road, Thornhill, be called.

 

CARRIED

 

Moved by Regional Councillor f. Scarpitti

Seconded by Councillor E. Shapero

 

Whereas Council of The Corporation of the Town of Markham is sitting as an Approving Authority under the Expropriations Act;

 

And whereas Council's obligation under the Expropriations Act is to consider the report of the Inquiry Officer which is dated November 18, 2002 and which was received by the Town on November 20, 2002;

 

And whereas Council, sitting as the Approving Authority, has given due consideration to the Inquiry Officer's report and, has made a determination under section 8 of the Expropriations Act;

5.         DELEGATIONS - cont'd

 

 

Now therefore be it resolved that the report "Jessamyn Holdings Limited - German Mills Road", be received as information;

 

And that the proposed expropriation be approved.

 

CARRIED

(See following recorded vote) (8:5)

 

 

YEAS:       Mayor D. Cousens, Deputy Mayor F. Scarpitti, Regional Councillor G. Landon, Regional Councillor T. Wong, Councillor E. Shapero, Councillor J. Virgilio, Councillor J. Heath, Councillor K. Usman. (8)

 

NAYS:       Regional Councillor B. O'Donnell, Councillor S. Daurio, Councillor G. McKelvey, Councillor D. Horchik, Councillor A. Chiu. (5)

 

 

 

(2)        Dena Taylor, President, German Mills Ratepayers' Association - in support of the expropriation of the property known as Jessamyn Holdings Ltd. for the purposes of expanding Settlers' Park. (10.7)

 

(3)        Glenn Baron - in objection to the expropriation of the property known as Jessamyn Holdings Ltd. for the purposes of expanding Settlers' Park. (10.7)

 

(4)        Harold Durey - in objection to the expropriation of the property known as Jessamyn Holdings Ltd. for the purposes of expanding Settlers' Park. (10.7)

 

(5)        Art Jaszczyk - in support of the expropriation of the property known as Jessamyn Holdings Ltd. for the purposes of expanding Settlers' Park. (10.7)

 

(6)        Professor Richard Jarrell, Markham Conservation Committee - in support of the expropriation of the property known as Jessamyn Holdings Ltd. for the purposes of expanding Settlers' Park. (10.7)

 

(7)        Rolf Piro - in support of the expropriation of the property known as Jessamyn Holdings Ltd. for the purposes of expanding Settlers' Park. (10.7)

 

(8)        Dennis Murray, 5th Thornhill Scouts  - in support of the expropriation of the property known as Jessamyn Holdings Ltd. for the purposes of expanding Settlers' Park. (10.7)

 

(9)        Valerie Burke, The Society for the Preservation of Historic Thornhill - in support of the expropriation of the property known as Jessamyn Holdings Ltd. for the purposes of expanding Settlers' Park. (10.7)

5.         DELEGATIONS - cont'd

 

 

(10)      Ann Fowle, Pomona Mills park Conservationists - in support of the expropriation of the property known as Jessamyn Holdings Ltd. for the purposes of expanding Settlers' Park. (10.7)

 

(11)      Eileen Smith - in objection to the expropriation of the property known as Jessamyn Holdings Ltd. for the purposes of expanding Settlers' Park. (10.7)

 

(12)      Glenn Baron - in support of a town-wide bicycle system. (6.3 & 5.10) (Report 1, Clause 2)

 

(13)      Glenn Baron - in objection to the Town's proposed water allocation policy. (5.3) (Report 3, Clause 12)

 

 

 

6(a)      REPORT NO. 1 - TRANSPORTATION COMMITTEE

 

Council consented to separate Clause (2).

 

Moved by Councillor K. Usman

Seconded by Councillor A. Chiu

 

That Report No. 1 - Transportation Committee be received and adopted.

 

November 25, 2002

 

(1)        TRAFFIC CALMING - WINDRIDGE DRIVE (5.12)

 

That the deputation of Mr. George Macri, 13 Windridge Drive, in opposition to the survey to revisit the proposal to add traffic calming speed humps to Windridge Drive, be received;

 

And that the deputation of Mrs. Sandra Lumley, 6 Windridge Drive, in support of the survey to revisit the proposal to add traffic calming speed humps to Windridge Drive, be received;

 

And that it be recommended that Council not approve a second vote by residents on Windridge Drive in Ward 4 to revisit the traffic calming project on Windridge Drive.

 

 

6(a)      REPORT NO. 1 - TRANSPORTATION COMMITTEE - cont'd

 

 

(2)        BICYCLE SYSTEM IMPLEMENTATION PLAN
            (TOWN-WIDE BICYCLE PATH) (6.3 & 5.10)

 

That the presentation by Lloyd Fernandes, Transportation Engineer, regarding the Bicycle Path Study, be received.

 

And that the Engineering Department report, dated November 25, 2002, entitled "Bicycle System Implementation Plan" be received;

 

And that staff be authorized to obtain proposals and award a contract to a qualified consultant in the development of an implementation plan (in accordance with the Town's purchasing policy);

 

And that the costs be financed from the current Capital Account No. 083-5300-054-005;

 

And that Engineering staff report back with implementation plan details including financing and interfacing with a Town-wide Pathway Master Plan Study.

 

And that staff be requested to prepare a report for the Transportation Committee on the establishment of a Bicycle Path/Walking Path Committee and draft Terms of Reference.

 

CARRIED

 

 

(3)        REGIONAL SIGNAL WARRANT POLICY  AND WARRANT
            RESULTS FOR STONE MASON DRIVE/MINGAY AVENUE
            AND 16TH AVENUE (5.12)

 

That the Region of York be requested to expedite the installation of the traffic signals at Stone Mason Drive/Mingay Avenue and 16th Avenue;

 

And that, in the event that the Region of York is not able to expedite the installation of traffic signals at Stone Mason Drive/Mingay Avenue and 16th Avenue due to staffing resources, that the Director of Engineering discuss the matter with Regional officials and advise the local Councillor of the options available.

 

And that the Region of York be requested to enter into front-end agreements with developers that would include conditions in the subdivision agreements relating to the installation of traffic signals if warrants are between 70-80%.

 

And that the Region of York be required to amend their signal warrant policy to establish guidelines whereby traffic signals would be installed at the Region's cost with warrants between 70% and 80% in established areas;

6(a)      REPORT NO. 1 - TRANSPORTATION COMMITTEE - cont'd

 

 

And that the Region of York provide semi-annual updates of the status of signal warrants for requested locations in Markham where warrants are less than 70%;

 

And that a copy of this report be forwarded to B. Harrison, Director of Transportation Operations of the Region of York.

 

 

(4)        REGION OF YORK STREETSCAPE POLICY (13.4 & 5.10)

 

That the Region of York be requested to review and revise their current Streetscape Policy in consultation with area municipalities;

 

And that staff report back as to progress of discussion and policy revisions;

 

And that staff report back as to status of streetscape improvements on Regional road projects currently under design in Markham.

 

 

(5)        REQUEST FOR CROSSING GUARD AND ALL-WAY
            STOP CONTROL AT THE INTERSECTION OF CASTLEMORE
            AVENUE AND RIDGECREST ROAD (5.12)

 

That School Crossing Guard service be established at the intersection of Castlemore Avenue and Ridgecrest Road;

 

And that Schedule 12 of By-law 106-71, (Traffic By-law), for an All-way Stop Control be amended to include the intersection of Castlemore Avenue and Ridgecrest Road and that the amending by-law be approved;

 

And that the Roads Department be directed to install all-way stop signs at the intersection of Castlemore Avenue and 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 2002-274)

 

 

(6)        NEIGHBOURHOOD TRANSPORTATION COMMITTEE
            2003 PROJECTS (5.12)

 

That Council endorse the following traffic calming projects for the 2003 program year as selected by the four Neighbourhood Transportation Committees (N.T.Cs.):

6(a)      REPORT NO. 1 - TRANSPORTATION COMMITTEE - cont'd

 

 

Physical Improvement Projects:

 

NTC	WARD	STREET NAME	EXTENTS
Thornhill	1 2	Henderson Avenue Simonston Boulevard	John St. to Doncaster Ave. West of Don Mills Road
Unionville	3 6	Main Street Unionville John Button Boulevard	Hwy 7 to Carlton Road Millbrook Gate to Rodick Road
Markham	4 5	Cairns Drive Larkin Ave./Fincham Ave.	Raymerville Drive and 16th Ave. Mintleaf to Fincham/Wootten Way North to 9th Line
Milliken Mills	7	Elson St. /Featherstone Ave.	Entirety
	8	Mallory Ave./Teddington Ave.	Entirety

 

Speed Education and Awareness Programs:

 

NTC	WARD	STREET NAME
Unionville	3	Waterbridge Lane
Markham	4 5	Sherwood Forest Drive Song Bird Drive
Milliken Mills	7	Townley Avenue

 

Note: Thornhill NTC did not select a SEAP location;

 

And that staff report back to the Transportation Committee with the results of the public consultations and the expected costs of the projects.

 

And That staff be requested to report back to the Transportation Committee in 2003 on the following items related to the Neighbourhood Transportation Committee process:

 

• changing aspects of traffic calming initiatives
• how NTC process is working so far
• feasibility of expanding projects to new development areas, and
• review of other traffic calming initiatives in other municipalities

 

6(a)      REPORT NO. 1 - TRANSPORTATION COMMITTEE - cont'd

 

 

(7)        OTHER COMMITTEE PROCEEDINGS
            - MINUTES OF TRANSPORTATION
            COMMITTEE MEETING – NOVEMBER 25, 2002 (16.0)

 

That the Transportation Committee minutes dated November 25, 2002 be received.

 

CARRIED

 

 

 

6(b)      REPORT NO. 2 - FINANCE & ADMINISTRATIVE COMMITTEE

 

Council consented to separate Clauses (1) & (21).

December 2, 2002

 

(1)        COMPENSATION REVIEW FOR SENIOR STAFF (11.0)

That the report entitled "Compensation Review for Senior Staff" be received;

 

And that the revised salary structure for senior management (Appendix "A"), being those positions in Grades 14 and 15, be approved and effective the first full pay period in January 2003;

 

And further that the salaries for incumbents in Grades 14 and 15 are affixed appropriately, by the Chief Administrative Officer.

 

WITHDRAWN

 

 

(2)        SALE OF PORTION OF OLD 14TH AVENUE
            PART 1 AND PART 2, PLAN 65R-25093 (8.5)

That Council receive and accept the Agreement of Purchase and Sale for the property identified as Part 1 on Plan 65R-25093, Markham from Armadale Square Inc. in the amount of $80,000 excluding GST;

 

And that Council receive and accept the Agreement of Purchase and Sale for the property identified as Part 2 on Plan 65R-25093, Markham from Canada Lands Company Limited in the amount of $80,000 excluding GST;

6(b)      REPORT NO. 2 - FINANCE & ADMINISTRATIVE COMMITTEE - cont'd

 

 

And that a by-law be enacted on December 10, 2002 to authorize the Mayor and Clerk to execute a Transfer/Deed of Land to Armadale Square Inc. for the lands identified as Part 1 on Plan 65R-25093, Old 14th Avenue, Markham, in a form satisfactory to the Town Solicitor;

 

And further that a by-law be enacted on December 10, 2002 to authorize the Mayor and Clerk to execute a Transfer/Deed of Land to Canada Lands Company Limited for the lands identified as Part 2 on Plan 65R-25093, Old 14th Avenue, Markham, in a form satisfactory to the Town Solicitor.

(By-laws 2002-313 & 2002-314)

 

 

(3)        5884 SIXTEENTH AVENUE, LUNAU RESIDENCE
            PART 1, PLAN 65R-24463, MARKHAM (8.5)

That Council receive and accept the Agreement of Purchase and Sale for the property located at 5884 Sixteenth Avenue, Markham from Jamie and Jessie Mercer in the amount of $175,000;

 

And that 5884 Sixteenth Avenue, Part 1, Plan 65R-24463, Markham, be declared surplus property pursuant to Town of Markham By-law No. 178-96;

 

And that notice of the proposed disposition of such lands be placed on the agenda for the Council meeting of December 10, 2002, as required by By-law No. 178-96;

 

And further that a by-law be enacted at the Council meeting on January 14, 2003, authorizing the Mayor and Clerk to execute a Transfer/Deed of Land to Jamie and Jessie Mercer for the lands municipally known as 5884 Sixteenth Avenue, Markham, in a form satisfactory to the Town Solicitor.

 

 

(4)        MARYDALE AVENUE AND DENISON STREET
            SIGHTLINE IMPROVEMENTS (8.5)

That the recommendation to acquire a parcel of land from the owner of 120 Marydale Avenue and the relocation of an existing fence along Denison Street for the purpose of solving the intersection sightline problem be approved;

 

And that the Manager of Real Property be authorized to negotiate the purchase of land with the owner of 120 Marydale Avenue for property required to solve the sightline visibility problem;

 

And that an amount of $17,500 be identified as a budget item for the 2003 Capital Budget to relocate the fence and pillars;

6(b)      REPORT NO. 2 - FINANCE & ADMINISTRATIVE COMMITTEE - cont'd

 

 

And that the Parks Department be requested to investigate and undertake appropriate remedial measures to improve the condition of the trees and boulevard at the southwest corner of Marydale Avenue and Denison Street;

 

And that the Mayor or Clerk be authorized to execute all documents in a form satisfactory to the Town Solicitor as may be necessary to give effect to resolving the intersection sight line problem.

 

 

(5)        COST SHARING OF VIDEO CAMERA ON
            CAPTAIN ROLPH WALKWAY (5.20)

 

That the Town of Markham pay $5,000 to York Region District School Board towards the supply and purchase of a remote camera to be used by Markham District High School to monitor the walkway between the school and Captain Rolph Blvd.

 

 

(6)        MUNICIPAL ACT 2001 - NOTICE BY-LAW (13.2.5)

 

That the report entitled "Municipal Act, 2001 - Notice By-law" be received;

 

And that the by-law "A By-law to Prescribe the Form and Manner and Times for the Provision of Reasonable Notice" be approved and enacted effective January 1, 2003;

(By-Law 2002-275)

 

 

(7)        FEES AND CHARGES (2.0 & 7.0)

 

That a by-law be enacted to establish fees and charges for services provided by the Town;

 

And That By-Law No. 302-96, “A By-Law to Establish a Fee Structure for Live Birth Registrations, Burial Permits and Marriage Licences” be rescinded;

 

And That By-law 37-96, “A by-law to Charge Fees for Administrative Services” be rescinded.

 

And That Schedule “A” of By-Law 2002-181, “A By-Law to Charge Fees for Services Provided by Fire and Emergency Services for Emergency and Non-Emergency Incidents” be deleted;

 

And That Schedule “B” of By-Law 2002-171, “Being a by-law to amend Township of Markham By-law No. 1602 to provide a schedule of fees for water/wastewater for the Town of Markham effective September 1, 2002” be deleted;

6(b)      REPORT NO. 2 - FINANCE & ADMINISTRATIVE COMMITTEE - cont'd

 

 

And That Schedule “A” of 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, as amended, and By-law 247-94, as amended” be deleted;

 

And That Schedule “A” of By-law 2001-237, “Being a By-law respecting the sale and discharge of fireworks” be deleted;

 

And That By-law 2001-235, “Being a By-law to establish fees for Fire Department responses to false alarms” be amended to delete reference to fees;

 

And That Schedule “A” of By-law 308-97, “By-Law for registration of two unit residential occupancies”, be deleted.

(By-laws 2002-276 & 2002-283)

 

 

(8)        MOVING OF HERITAGE BUILDINGS (16.11)

 

That the Town of Markham supports any temporary road closures that are required during the weekday when applications are received for the moving of heritage structures;

 

And that the appropriate signage be displayed, and notification of such temporary closures be communicated to the community as early as possible.

 

 

(9)        LICENSING BY-LAWS (2.22 & 2.0)

 

That a by-law to impose licensing fees in the Town of Markham be enacted;

 

And that the following licensing by-laws be amended to adhere to the Municipal Act, 2001 and re-enacted:

By-Law No. 2001-237, “A By-Law Respecting the Sale and Discharge of Fireworks”

By-Law No. 2001-62, “A By-Law Respecting the Licensing, Regulating and Inspecting of Adult Entertainment Parlours for the Provision of Goods”

By-Law No. 2001-22, “Adult Entertainment Parlour (Services)

By-Law No. 2001-31, “A By-Law to Provide for the Licensing and Regulation of Places of Amusement”

By-Law No. 2001-30, “A By-Law to Provide for the Regulating and Licensing of Places of Amusement – Pinball and Video Games Rooms”

By-Law No.2001-35, “A By-Law to Provide for the Licensing and Regulation of Auctioneers

By-Law No. 2001-34, “A By-Law to Provide for the Licensing and Regulation of Barber And Hairdressing Shops”

6(b)      REPORT NO. 2 - FINANCE & ADMINISTRATIVE COMMITTEE - cont'd

 

 

By-Law No. 116-98, “A By-Law Respecting the Licensing and Inspecting of Body-Rub Parlours and Attendants and Complementary Health Care Service Providers and Attendants”

By-Law No. 2001-25, “A By-Law to Provide for the Licensing and Regulation of Bowling Alleys, Billiard, Bagatelle Establishments”

By-Law No. 2001-27, “A By-Law to Provide for the Licensing and Regulation of Driving Schools and Driving Instructors”

By-Law No. 2001-32, “A By-Law to Provide for the Licensing and Regulation of Dry Cleaning Depots

By-Law No. 2002-75, “A By-Law to Provide for the Licensing and Regulation of Eating Establishments and Food Stores”

By-Law No. 2001-28, “A By-Law to Provide for the Licensing and Regulation of Public Garages”

By-Law No. 2001-29, “A By-Law to Licence the Operation of Golf Driving Ranges”

By-Law No. 2000-58, “A By-Law to Regulate Horse Riding Establishments in the Town of Markham and Provide for Safety Measures for Persons While Riding at those Establishments”

By-Law No. 206-98, “A By-Law to Licence and Regulate Owners and Drivers of Limousines”

By-Law No. 21-97, “A By-Law for the Licensing, Regulating and Governing of Persons Who

Carry on Business of Leasing or Renting Mobile Signs”

By-Law No. 64-97, “A By-Law to Licence and Regulate Mobile Vendors

By-Law No. 2001-24, “A By-Law to Provide for the Licensing and Regulation of Public Halls”

By-Law No. 2001-26, “A By-Law to Provide for the Licensing and Regulation of Refreshment Vehicles”

By-Law No. 2001-36, “A By-Law to Provide for the Licensing and Regulation of Salvage Shops, Salvage Yards and Second Hand Dealers”

By-Law No. 2000-123, “A By-Law Respecting the Licensing, Regulating and Inspecting of Retailers of Second Hand Goods”

By-Law No. 2001-40, “A By-Law for Licensing, Regulating and Governing Owners and Drivers of Taxicabs and Taxicab Brokers”

By-Law No. 2001-33, “A By-Law to Provide for the Licensing and Regulation of Tobacco Shops”

By-Law No. 184-96, “A By-Law to Provide for the Licensing, Regulation and Governing of Owners and Drivers of Tow Trucks Operating in the Town of Markham”.

(By-laws 2002-284 to 2002-310)

 

 

(10)      APPOINTMENT OF DEPUTY CLERKS (11.3 & 13.2.5)

 

That a by-law be enacted to appoint Patricia Miller, Manager of Records, and Judith Kee, Committee Clerk as Deputy Clerks.

(By-law 2002-311)

 

6(b)      REPORT NO. 2 - FINANCE & ADMINISTRATIVE COMMITTEE - cont'd

 

 

(11)      2003 INTERIM TAX LEVY BY-LAW (7.3)

 

That Council authorize an interim tax levy for 2003;

 

And that the by-law be passed to authorize the 2003 interim tax levy.

(By-law 2002-312)

 

 

(12)      PROPERTY MATTER - DESIGNATION OF
            STAFF TO ATTEND AUCTION (8.6)

 

That the Manager of Real Property, Legal Services Department (or his designate), be authorized to submit a bid on behalf of the Town of Markham for the property known municipally as Robinson Street Rear at a public auction to be held on December 18, 2002.

 

 

(13)      DELEGATION OF AUTHORITY TO APPROVE
            SUBDIVISION AGREEMENTS (10.7)

 

That Council delegate to the Town Solicitor the authority to approve the special conditions for all subdivision agreements, as well as to authorize the Mayor and Clerk to execute such agreements.

 

 

(14)      UPDATE ON STATUS OF CAPITAL PROJECTS
            AS OF OCTOBER 31, 2002 (7.5)

 

That the report entitled "Update on Status of Capital Projects as of October 31, 2002" be received;

 

And that Exhibit "A", entitled "Summary of Open Capital Projects at October 31, 2002" be received for information purposes;

 

And that $3,054,270 from closed capital projects be transferred to the original source of funding as per the report entitled "Summary of Closed Capital Projects at October 31, 2002" (Exhibit B and C).

 

 

(15)      PORTION OF GO LANGSTAFF PARKING LOT
            LANGSTAFF ROAD EAST, THORNHILL (8.5)

 

That a by-law be enacted to stop up and close that portion of the GO Langstaff Parking Lot owned by the Town of Markham, situated along the north side of Langstaff Road East, comprised of approximately 0.44 acres, being part of Lot 36, Concession 1.

6(b)      REPORT NO. 2 - FINANCE & ADMINISTRATIVE COMMITTEE - cont'd

 

 

(16)      SURPLUS PROPERTY AND LAND EXCHANGE
            DESIGNATED AS PART 9 ON DRAFT REFERENCE PLAN
            BENSON AVENUE - YONGE STREET INTERSECTION (8.5 & 8.6)

 

That part of old Benson Avenue, shown as Part 9 on the draft reference plan (to be deposited at the Land Registry Office) and attached to the staff report as Appendix 2, be declared surplus pursuant to Town of Markham By-law 178-96, (a by-law to govern the sale of surplus real property);

 

And that notice of the proposed disposition of Part 9, shown in Appendix 2, be placed on the Agenda for the Council Meeting on December 10, 2002, as required by By-law 178-96;

 

And that a by-law be enacted to stop up and close that portion of old Benson Avenue shown as Part 9 in Appendix 2;

 

And that approval be granted to the Manager of Real Property to exchange such Town surplus property with Ontario Realty Corporation (ORC) for a portion of its lands shown as Parts 2, 3, 4 and 5 in Appendix 2;

 

And further that a by-law be enacted at the Council meeting on January 14, 2003, authorizing the Mayor and Clerk to execute a Transfer/Deed of Land to Ontario Realty Corporation for the property known as Lot 9 on the draft plan subject to final registration of the plan by ORC, in a form satisfactory to the Town Solicitor.

 

 

(17)      SURPLUS PROPERTY AND LAND TRANSFER TO
            REGION OF YORK - PART OF LOT 21, CONCESSION 5
            DESIGNATED AS PARTS 1, 2, 3 AND 4 ON REFERENCE PLAN
            65R-25469 - ANGUS GLEN COMMUNITY CENTRE
            MAJOR MACKENZIE DRIVE, MARKHAM (8.5 & 8.6)

 

That part of Lot 21, Concession 5, Designated as Parts 1, 2, 3 and 4 on Reference Plan 65R-25469 be declared surplus pursuant to Town of Markham By-law 178-96, (a by-law to govern the sale of surplus real property), and that notice of the proposed disposition of such lands be placed on the agenda for the Council meeting of December 10, 2002;

 

And that approval be granted to the Manager of Real Property to transfer such Town surplus property to the Region of York;

 

And further that a by-law be enacted at the Council meeting on January 14, 2003, authorizing the Mayor and Clerk to execute a Transfer/Deed of Land to the Region of York for the lands known as Part of Lot 21, Concession 5, designated as Parts 1, 2, 3 and 4 on Reference Plan 65R-25469, Markham, in a form satisfactory to the Town Solicitor.

 

6(b)      REPORT NO. 2 - FINANCE & ADMINISTRATIVE COMMITTEE - cont'd

 

 

(18)      PROPOSED STOP-UP, CLOSURE AND DISPOSAL
            PORTION OF DEVIATION ROAD (5.17 & 8.1 & 8.7)

 

That part of Deviation Road, shown in Appendix 2 as Parts 1, 2, 3 and 4 on Plan 65R-25471, be declared surplus pursuant to Town of Markham By-law 178-96, (a by-law to govern the sale of surplus real property);

 

And that notice of the proposed disposition of part of Deviation Road, shown in Appendix 2 as Parts 1, 2, 3 and 4, be placed on the Agenda for the Council Meeting on December 10, 2002, as required by By-law 178-96;

 

And that a by-law be enacted to stop up and close that portion of Deviation Road shown as Parts 1, 2, 3 and 4 in Appendix 2;

 

And that Parts 1, 2, 3 and 4 identified on Appendix 2 be offered for sale to the abutting property owners;

 

And further that the Manager of Real Property be authorized to negotiate the sale price and report back to Council on this matter.

 

 

(19)      ALZHEIMER SOCIETY OF YORK REGION - ANNUAL
            AWARENESS BREAKFAST, JANUARY 18, 2003, AND
            PROCLAMATION - ALZHEIMER AWARENESS MONTH (16.23)

That the request to support the Alzheimer Society of York Region 6th Annual Awareness Breakfast on Saturday, January 18, 2003, in the amount of $20.00 per ticket, at the Sleepy Hollow Country Club from 9:00 a.m. to 11:00 a.m. at 13242 Tenth Line in Stouffville, be received;

 

And that tickets be purchased on an individual basis;

 

And that January 2003 be proclaimed as "Alzheimer Awareness Month" in the Town of Markham.

 

 

(20)      2003 COUNCIL/COMMITTEE MEETING CALENDAR (16.23)

That Council/Committee meetings be scheduled for August 2003, only if required.

 

And that the 2003 calendar for Council and Standing Committee meetings be approved.

 

6(b)      REPORT NO. 2 - FINANCE & ADMINISTRATIVE COMMITTEE - cont'd

 

 

(21)      OTHER COMMITTEE PROCEEDINGS
            - MINUTES OF FINANCE & ADMINISTRATIVE
            COMMITTEE MEETING – DECEMBER 2, 2002 (16.0)

 

That the Finance & Administrative Committee minutes dated December 2, 2002 be received;

 

And that the matter of election contribution rebates for residents be referred to a Council Committee of the Whole meeting in 2003 (Item No. 24).

 

CARRIED AS AMENDED

(See following motion to amend)

 

            24.       ELECTION CONTRIBUTION REBATES FOR RESIDENTS (14.0)

 

            Moved by Councillor J. Heath

            Seconded by Councillor K. Usman

 

            That Clause (21), Item 24 be amended to add the following paragraph:

 

"And that the matter of election contribution rebates for residents be referred to a Council Committee of the Whole meeting in 2003."

 

CARRIED

 

 

 

6(c)      REPORT NO. 3 - DEVELOPMENT SERVICES COMMITTEE

 

Council consented to separate Clauses (1), (4), (7) and (12)

December 3, 2002

 

(1)        CITY OF TORONTO OFFICIAL PLAN (13.5.2)

 

That the staff presentation regarding the City of Toronto Official Plan be received;

 

And that the memorandum dated December 9, 2002 from the Development Services Commission identifying the transportation studies undertaken by the City of Toronto in relation to the preparation of the new Official Plan, be received;

 

And that staff report to Council on December 10, 2002, with respect to specific transportation studies undertaken, and that if inadequate, comments be made to the City of Toronto.

 

CARRIED AS AMENDED

(See following motion to amend)

6(c)      REPORT NO. 3 - DEVELOPMENT SERVICES COMMITTEE - cont'd

 

 

            Moved by Councillor G. McKelvey

            Seconded by Councillor J. Virgilio

 

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

 

"And that the memorandum dated December 9, 2002 from the Development Services Commission identifying the transportation studies undertaken by the City of Toronto in relation to the preparation of the new Official Plan, be received;"

 

CARRIED

 

 

(2)        GREENSBOROUGH DEVELOPERS' GROUP
            LAND ACQUISITION FOR EXTENSION OF CASTELMORE AVE. (8.6)

 

That the Greensborough Developers’ Group, on behalf of the Town, be authorized to proceed with the acquisition of the lands required from the owners of Blocks 3 and 4, Plan 65M-2505 for the purpose of extending Castlemore Avenue across the GO Transit Stouffville Rail Line;

 

And that the Mayor and Clerk be authorized to execute a crossing agreement with GO Transit to allow for the construction of the Castlemore Avenue extension and a municipal watermain across the GO Transit Stouffville Rail Line; 

 

And that the Mayor and Clerk be authorized to execute an amendment to the Greensborough Developers’ Group Credit Agreement, dated November 6, 2001, to facilitate the extension of Castlemore Avenue across the GO Transit Stouffville Rail Line;

 

And that the Castlemore Avenue crossing be added to the Operations and Asset Managment Department’s inventory of at-grade crossings to be maintained by the Town, following completion of construction, to the satisfaction of the Town and GO Transit;

 

And that staff be authorized to schedule a Public Meeting to consider an amendment (if required)  to the zoning by-law to address any zoning non-conformities that may be created on adjoining properties as a result of the land acquisition for the Castlemore Avenue extension;

 

And further that a by-law to change the name of the northern portion of Anderson Avenue to Castlemore Avenue be prepared for consideration by Council once the schedule for construction of the Castlemore Avenue extension has been finalized, and that notice of Council’s intent be given in the Markham Economist and Sun for four successive weeks.

 

6(c)      REPORT NO. 3 - DEVELOPMENT SERVICES COMMITTEE - cont'd

 

 

(3)        BIRCH HOMES, 19 LEMSFORD DRIVE
LOT 35, REGISTERED PLAN 65M-3453, ROUGE NORTH COMMUNITY
OFFICIAL PLAN AND REZONING (OPA.02-111206 AND ZA.02-111210) (10.3, 10.5)

 

That the report dated December 3, 2002 entitled, “Birch Homes, 19 Lemsford Drive, Lot 35, Registered Plan 65M-3453, Rouge North Community, OPA.02-111206 and ZA.02-111210” be received;

 

And that Official Plan Amendment application OPA.02-111206 submitted by Birch Homes to permit the severance of Lot 35, Registered Plan 65M-3453, be approved and the draft Official Plan Amendment, attached as Appendix ‘A’ to the staff report dated December 3, 2002, be adopted without further notice;

 

And that rezoning application ZA.02-111206 submitted by Birch Homes to permit the severance of Lot 35, Registered Plan 65M-3453, be approved and the draft Zoning By-law attached as Appendix ‘B’ to the staff report dated December 3, 2002, be enacted without further notice.

(By-laws 2002-315 & 2002-316)

 

 

(4)        READ EASTERN CAPITAL (OFFSHORE) CANADA INC
NORTHWEST CORNER OF MIDDLEFIELD ROAD & DENISON STREET
REQUEST FOR STREET NAME APPROVAL (FILE NO. SC 01 114301)(10.14) 

 

That the following street names submitted by Read Eastern Capital Offshore (Canada) Inc. for use on private condominium roads for a proposed mixed-use residential and commercial development located at the northwest corner of Middlefield Road and Denison Street be approved:

 

-     Red Sea Way

-     Kuba Way

 

CARRIED

 

 

(5)        ACCEPTANCE FOR MAINTENANCE OF RESIDENTIAL
SUBDIVISIONS (REGISTERED PLAN NUMBERS 65M-3202, 65M-3203, 65M-3235,
65M-3236, 65M-3294, 65M-3295, 65M-3226, 65M-3180 & 65M-3190) (10.7) 

 

That the services in Subdivision, Registered Plan Numbers 65M-3202, 65M-3203, 65M-3235, 65M-3236, 65M-3294, 65M-3295, 65M-3226, 65M-3180 and 65M-3190, 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;

6(c)      REPORT NO. 3 - DEVELOPMENT SERVICES COMMITTEE - cont'd

 

 

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 to the streets indicated, be approved;

 

And that the bylaw 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 2002-317 to 2002-328)

 

 

(6)        EAST CATHEDRAL COMMUNITY,
DEVELOPMENT PHASING PLAN (10.0)

 

That the Planning and Engineering Departments’ report dated December 3, 2002, entitled “Recommendation Report:  East Cathedral Community, Development Phasing Plan” be approved;

 

And that the East Cathedral Community Development Phasing Plan, dated September 2002, completed by KLM Planning Partners Inc, Stantec Consulting Ltd. and Entra Consultants, and attached as Appendix ‘A’ to the staff report dated December 3, 2002, be approved;

 

And that the Commissioner of Development Services be authorized to approve modifications to the East Cathedral Community 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 that the Mayor and Clerk be authorized to execute a Development Phasing Agreement with the East Cathedral Community developers group, outlining the phasing requirements and associated implementation measures.

 

6(c)      REPORT NO. 3 - DEVELOPMENT SERVICES COMMITTEE - cont'd

 

 

(7)        PETER YOUNG, SOUTHWEST CORNER OF GABLE AVENUE
AND WILLIAM BERCZY BLVD., BERCZY VILLAGE COMMUNITY
ZONING AMENDMENT AND PLAN OF SUBDIVISION APPROVAL
FOR TOWNHOUSES (SU 02 113256, ZA 02 113250) (10.5, 10.7)

 

Subsequent to a meeting between all property owners, staff, and Regional Councillors O'Donnell and Scarpitti the following amended resolution is submitted by the Development Services Commission:

 

A.        That the staff presentation be received;

 

B.         And that the conditions of draft approval, approved in August 1998, for the Kindwin Markham Ltd. (formerly Tri-Lag Corporation Ltd.), Plan of Subdivision 19TM-97003 be amended to delete the fifth bullet in condition 1.1 and replace it with the following:

 

  -         That Block 8 be labelled ‘Future Use’

 

-           That the north-south road at the north west corner of the lands be deleted and
incorporated into Block 8.

 

C.        And that the following new condition of draft approval be added:

 

Block 8 is to be set aside as a ‘Future Use’ on the final plan of subdivision to be registered.  The subdivision agreement shall provide that the future use of Block 8 will be determined in conjunction with the approval of future development on the adjacent lands to the north.

 

D.        And that no notice of the change to conditions of draft approval be issued in accordance with section 51(47) of the Planning Act.

 

CARRIED AS AMENDED

(Councillor J. Virgilio abstained)

(See following motion to amend)

6(c)      REPORT NO. 3 - DEVELOPMENT SERVICES COMMITTEE - cont'd

 

 

            Moved by Regional Councillor B. O'Donnell

            Seconded by Regional Councillor F. Scarpitti

 

            That Clause (7) be amended to include the words "Future Use" in Section B., bullet 1 after the word "… labelled" and in Section C., paragraph 2 after the words "… be set aside as a…";

 

            And that the word ".. no .." be included in Section D. after the words "And that …";

 

            And that Section D. be amended to delete the words "… section 51(45) of the Planning Act." and the following be substituted therefore "… section 51(47) of the Planning Act.".

 

CARRIED

(Councillor J. Virgilio abstained)

 

 

(8)        THE ROBERT MILROY JR. HOUSE, 7960 STEELES AVENUE
THE ROBERT MILROY HOUSE, 7111 REESOR ROAD
THE JOSEPH LAPP HOUSE, 7181 REESOR ROAD
THE DAVID LAPP HOUSE, 7297 REESOR ROAD
DESIGNATION UNDER PART IV OF THE ONTARIO HERITAGE ACT (16.11.3)

 

That Heritage Markham’s recommendation to designate the Robert Milroy Jr. House at 7960 Steeles Avenue, the Robert Milroy House at 7111 Reesor Road, The Joseph Lapp House at 7181 Reesor Road and the David Lapp House at 7297 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 these properties.

 

And that Town staff be authorized to enter into a heritage conservation easement with the Toronto Catholic Cemeteries to ensure protection of the Robert Milroy House;

 

And that in the event that the owner agrees to enter into heritage conservation easements with the Town for the three remaining residences on the property prior to any approval of the site plan control application for the Toronto Catholic Cemetery lands (where Town staff will be recommending heritage easement agreements as a condition of approval), Town staff are authorized to enter into heritage easement agreements with the owner to ensure protection of the heritage buildings.

 

6(c)      REPORT NO. 3 - DEVELOPMENT SERVICES COMMITTEE - cont'd

 

 

(9)        THE JOSEPHUS REESOR HOUSE AND
THE JOSEPHUS REESOR TENANT HOUSE
7447 AND 7449 9^TH LINE
DESIGNATION UNDER PART IV OF THE ONTARIO HERITAGE ACT (16.11.3) 

 

That correspondence dated December 2, 2002, from Roy Mason, KLM Planning, representing the owners of 7447 and 7449 9^th Line, be received;

 

And that Heritage Markham's recommendation to designate the Josephus Reesor House and the Josephus Reesor Tenant House at 7447 and 7449 9^th Line 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.

 

 

(10)      DEMOLITION PERMIT APPLICATION
HERITAGE DISTRICT - 26 CHURCH LANE, THORNHILL (10.0, 16.11.3) 

 

That, as recommended by Heritage Markham, the application for demolition of the Sir Robert Watson-Watt House at 26 Church Lane be denied.

 

 

(11)      WATER ALLOCATION - REQUIREMENTS TO 2006 (5.3)

 

That the joint Engineering and Planning Department’s report entitled “Water Allocation – Requirements to 2006”, be received for information;

 

And that existing water allocation to the following Secondary Plans be reassigned to Town reserves from:

-     Swan Lake (65 units),

-     Kennedy Road/Denison (72 Units),

-     South Unionville (127 Units),

-     Langstaff (237 Units),

-     Angus Glen (241 Units).

 

And that further allocation from Town reserves be in accordance with guidelines outlined in this report and assigned at Council’s sole discretion.

 

And that the Town reserve the right to revoke or reallocate further water allocation at its sole discretion.

6(c)      REPORT NO. 3 - DEVELOPMENT SERVICES COMMITTEE - cont'd

 

 

And that staff update Committee biannually on the status of development, Regional water supply and available water allocation.

 

 

(12)      WATER ALLOCATION POLICY (5.3)

 

That deputations by Mr. Jim Kirk, representing Times Group/Leitchcroft, and Mr. Steve Upton, representing Tridel, with respect to water allocation policies, be received;

 

And that the joint Engineering / Planning Department Report, entitled “Water Allocation Policy”, be received;

 

And that, in situations where sanitary or water infrastructure and supply will be available within two years, draft plan approval may be granted at the discretion of Council, subject to the following:

 

a)                  a holding “H” symbol shall be appended to the zoning until water servicing capacity is confirmed;

 

b)                  an agreement shall be registered on title between the developer and the Town whereby the developer agrees to prohibit pre-selling of lots until the holding symbol is lifted;

 

c)                  a phasing agreement shall be established; and,

 

d)                  the developer shall be required to acknowledge in writing that it shall save harmless the Town from any claim or action as a result of water service not being available when anticipated;

 

And that, in situations where water supply will not be available for two years or more, a two-step approach to issuing Draft Plan Approval may be adopted at the discretion of Council, whereby Council would endorse a complete set of conditions of Draft Approval and instruct or delegate staff (on a project specific basis) to issue Notice of Draft Approval only when confirmation of servicing capacity is received;

 

And that, staff bring forward a by-law authorizing the Commissioner of Development Services, in consultation with the Director of Engineering, to grant final draft plan approval (where authorized by Council under the two-step approach) once water servicing capacity issues are satisfactorily addressed for any given development;

 

And that for multiple unit residential projects proceeding by site plan approval/plan of condominium, that the applicable conditions of approval/water allocation and implementing agreements include clauses to obtain a commitment from the applicant to not  pre-sell units beyond assigned water allocation, and that the implementing zoning by-laws include “hold” provisions related to water allocation restrictions;  

6(c)      REPORT NO. 3 - DEVELOPMENT SERVICES COMMITTEE - cont'd

 

 

And that this revised policy be reviewed on a twice yearly basis as part of staff’s bi-annual Water Allocation Update report;

 

And that the Region of York be advised accordingly;

 

And further that staff report back to Committee within 2 months, on any available options, and the impacts, of fast-tracking high density developments along major corridors for water allocation; and on a prioritisation process.

 

CARRIED

 

 

(13)      UNIONVILLE LAND USE AND PARKING STUDY (10.8)

 

That correspondence from Richard Talbot, President of Unionville Villagers Association, regarding the Main Street Unionville Land Use and Parking Study - Final Report, be received;

 

And that the Main Street Unionville Land Use and Parking Study Final Report from Marshall Macklin Monaghan Limited, dated November 15, 2002, be received and endorsed;

 

And that staff be directed to include consideration of parking supply options identified as "Existing Recycling Depot" and "Municipal Lands West of Main, North of Carlton" on Page 54 of the Final Report, and review the intent and wording of the grandfathering exemption;

 

And that a public meeting be held to consider the Official Plan Amendment and Secondary Plan for the Unionville Core Area (Appendix ‘A’), the proposed amendment to Zoning By-law 122-72, as amended to implement the provisions of the Secondary Plan (Appendix ‘B’), and the proposed amendment to By-law 28-97, as amended (the Town’s Parking By-law);

 

And that staff be directed to develop for Council’s consideration, a new by-law to allow the acceptance of cash-in-lieu of parking within the Heritage Main Street zone of the Unionville Core Area with appropriate guidelines, and to establish a levy at a rate which would discourage its misuse;

 

And that Interim Control By-law 2002-20 be extended for an additional six months to August 7, 2003 to allow the necessary land use and zoning documents to be adopted by Council and complete the notification and appeal process (if there are no appeals Council could repeal the Interim Control By-law before August 7, 2003);

 

And that the members of the Unionville Core Area Community Advisory Committee be thanked for their contribution to the project.

 

6(c)      REPORT NO. 3 - DEVELOPMENT SERVICES COMMITTEE - cont'd

 

 

(14)      AMENDMENTS TO SIGN BY-LAW (2.16)

 

That correspondence from Peter K. MacLeod, and from Richard Talbot, advising of concerns with respect to the Sign By-law for the Town of Markham, be received;

 

And that the issues raised be referred to a Subcommittee for review, and a recommendation be brought back to Development Services Committee;

 

And that Regional Councillor F. Scarpitti and Councillors S. Daurio, J. Virgilio, J. Heath, and A. Chiu, be appointed to the Sign By-law Review Subcommittee;

 

And that a Public Meeting be held in the evening, to allow members of the public to attend.

 

 

(15)      MORNINGSIDE STORM WATER MANAGEMENT
PILOT PROJECT - PERFORMANCE ASSESSMENT (5.0) 

 

That the Engineering Department report entitled “Morningside Storm Water Management Pilot Project - Performance Assessment” be received, and be forwarded to TRCA and Rouge Park Alliance;

 

And that the Engineering Department pursue with the TRCA, and the Ministry of Environment  (MOE) the recommendations of the Performance Assessment and current MOE criteria/standards for the design of Stormwater Management Facilities.

 

 

(16)      EAST MARKHAM STRATEGIC REVIEW COMMITTEE
            COUNCIL MEMBER APPOINTMENTS (16.24)

 

That Regional Councillors T. Wong and B. O'Donnell, and Councillors G. McKelvey and J. Heath be appointed to the East Markham Strategic Review Committee.

 

 

(17)      OTHER COMMITTEE PROCEEDINGS
            - MINUTES OF DEVELOPMENT SERVICES
            COMMITTEE MEETING – DECEMBER 3, 2002 (16.0)

 

That the Development Services Committee minutes dated December 3, 2002 be received.

 

CARRIED

 

 

 

6(d)      REPORT NO. 4 - COMMUNITY SERVICES & ENVIRONMENT COMMITTEE

 

December 9, 2002

 

(1)        Council consented to defer Report No. 4 - Community Services & Environment Committee dated December 9, 2002 to the January 14, 2003 Council meeting.

 

 

 

7.         MOTIONS

 

Council consented to add Motions (1) & (2).

 

(1)        DOORS OPEN MARKHAM COMMITTEE
            APPOINTMENT OF ORGANIZING COMMITTEE
            REGISTRATION FEE (12.2.6)

 

Moved by Regional Councillor F. Scarpitti

Seconded by Councillor S. Daurio

 

That the tabled memorandum dated December 10, 2002 from the Manager - Heritage Planning entitled "Doors Open 2003 Registration Fee", be received;

 

And that the concept of a Doors Open Markham event for 2003 to be organized by the community based committee to be known as the Doors Open Markham Organizing Committee be endorsed;

 

And that Town staff from the Recreation Services Department, Corporate Communications and the Heritage Section of Development Services Commission be authorized to assist the Organizing Committee;

 

And further that the expenditure of $1,500 for the Doors Open registration fee that is required by the Ontario Heritage Foundation by December 16, 2002 be authorized.

 

CARRIED

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

 

7.         MOTIONS - cont'd

 

 

(2)        REQUIREMENT FOR POLICE ESCORTS
            FOR FUNERAL PROCESSIONS (13.5.2)

 

Moved by Councillor S. Daurio

Seconded by Regional Councillor F. Scarpitti

 

That Communication 4-2003 regarding the resolution requesting that paid police duty services or police escorts be provided by the York Regional Police Force for funeral processions in the City of Vaughan be received and endorsed.

 

CARRIED

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

 

 

 

8.         COMMUNICATIONS

 

Council consented to add Communications 18-2003 to 57-2003.

 

Moved by Councillor A. Chiu

Seconded by Regional Councillor G. Landon

 

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

 

Received

1-2003             City of St. Catharines - Forwarding a resolution requesting the Provincial government to disallow communities from providing financial incentives to lure medical professionals and to aggressively work towards alleviating the present medical professional shortage. (13.5.2)

 

2-2003             City of Welland - Forwarding a resolution petitioning the Minister of Municipal Affairs and Housing to amend the Municipal Act by removing the transfer of power to municipalities to prohibit excessive fortification and the use of excessive protective elements and petitioning the Minister of Public Safety to introduce new legislation dealing with the fortification of lands and requiring the enforcement of such legislation by Provincial police forces not municipalities. (13.5.2)

 

3-2003             Sonny Hakkim, Alliance of Ratepayers - Forwarding the Milliken Main Street Vision regarding the Milliken Main Street - Opportunity. (10.0)

 

4-2003             City of Vaughan - Forwarding a resolution requesting that paid police duty services or police escorts be provided by the York Regional Police Force for funeral processions in the City of Vaughan. (13.5.2)

 

8.         COMMUNICATIONS - cont'd

 

Received

5-2003             Town of Newmarket - Forwarding a resolution requesting the Region of York to fast track the installation of new water infrastructure and delivery of additional water supply. (13.5.2)

 

6-2003             Kinsmen Non Profit Housing Corporation and Kin Village Tenants Association - Forwarding an invitation to meet Santa Klaus, who is coming to see the children at Kin Village, on December 15, 2002 and requesting a donation for this event. (12.2.6)

 

7-2003             Minister of Finance & Minister of Municipal Affairs and Housing - Announcing the release of the 2003 Community Reinvestment Fund (CRF) allocations. (13.2)

 

8-2003             Robert Garland, 5 Rockingham Court - Forwarding support for the preservation of the Jessamyn Holdings Ltd. property on German Mills Road. (10.7)

 

9-2003             Edith Kangas, 1972 John Street - Forwarding support for the preservation of the Jessamyn Holdings Ltd. property on German Mills Road. (10.7)

 

10-2003           Gillian and John Leonard - 56 Coral Harbour Crescent - Forwarding support for the preservation of the Jessamyn Holdings Ltd. property on German Mills Road. (10.7)

 

11-2003           Donald Walker, 138 Snowshoe Crescent - Forwarding opposition for the expropriation of the property known as Jessamyn Holdings Ltd. for the purposes of expanding Settlers' Park. (10.7)

 

12-2003           Sandy & Art Jaszczyk, 64 Snowshoe Crescent - Forwarding support for the preservation of the Jessamyn Holdings Ltd. property on German Mills Road. (10.7)

 

13-2003           Bill & Susan Cotton, 105 Donnamora Crescent - Forwarding support for the preservation of the Jessamyn Holdings Ltd. property on German Mills Road. (10.7)

 

14-2003           Dan & Ruta Roumbanis, 6 Thurgate Crescent - Forwarding support for the preservation of the Jessamyn Holdings Ltd. property on German Mills Road. (10.7)

 

15-2003           Tom Bechtels, 23 Donnamora Crescent - Forwarding support for the preservation of the Jessamyn Holdings Ltd. property on German Mills Road. (10.7)

 

8.         COMMUNICATIONS - cont'd

 

Received

18-2003           Rev. John J. Weber, Pastor, The Church of the Good Shepherd - Forwarding support for the preservation of the Jessamyn Holdings Ltd. property on German Mills Road. (10.7)

 

19-2003           Karl L.R. Mahler, 20 Ida Street - Forwarding support for the preservation of the Jessamyn Holdings Ltd. property on German Mills Road. (10.7)

 

20-2003           Valerie Burke, President, Pomona Mills Park Conservationists - Forwarding support for the preservation of the Jessamyn Holdings Ltd. property on German Mills Road. (10.7)

 

21-2003           Stratton & Susan Holland, 43 Major Button's Drive - Forwarding support for the preservation of the Jessamyn Holdings Ltd. property on German Mills Road. (10.7)

 

22-2003           Dennis Murray, Chair, 5th Thornhill Scout Group - Forwarding support for the preservation of the Jessamyn Holdings Ltd. property on German Mills Road. (10.7)

 

23-2003           Morris and Minkie Gordon, 14 Wetherby Circle - Forwarding support for the preservation of the Jessamyn Holdings Ltd. property on German Mills Road. (10.7)

 

24-2003           Jack & Dorothy Paterson, 6 Milmar Court - Forwarding support for the preservation of the Jessamyn Holdings Ltd. property on German Mills Road. (10.7)

 

25-2003           Vanna Schiralli, 7 Forest Park Crescent - Forwarding support for the preservation of the Jessamyn Holdings Ltd. property on German Mills Road. (10.7)

 

26-2003           Thomas Wing-fai Lui, 36 Wood Thrush Avenue - Forwarding support for the preservation of the Jessamyn Holdings Ltd. property on German Mills Road. (10.7)

 

27-2003           Rolf A. Piro, 3338 Enniskillen Circle - Forwarding support for the preservation of the Jessamyn Holdings Ltd. property on German Mills Road. (10.7)

 

28-2003           Liz Rogers, 28 Ravengloss Drive - Forwarding support for the preservation of the Jessamyn Holdings Ltd. property on German Mills Road. (10.7)

 

29-2003           Judith Murray, 19 Walkerton Drive - Forwarding support for the preservation of the Jessamyn Holdings Ltd. property on German Mills Road. (10.7)

 

8.         COMMUNICATIONS - cont'd

 

Received

30-2003           Jonathan Loewenstein, 44 Donnamora Crescent - Forwarding support for the preservation of the Jessamyn Holdings Ltd. property on German Mills Road. (10.7)

 

31-2003           Joan Loewenstein, 44 Donnamora Crescent - Forwarding support for the preservation of the Jessamyn Holdings Ltd. property on German Mills Road. (10.7)

 

32-2003           Joe Wigglesworth & Maria Frieri, 8 Cobblestone Drive - Forwarding support for the preservation of the Jessamyn Holdings Ltd. property on German Mills Road. (10.7)

 

33-2003           Harry Leslie, 11 Grandview Boulevard - Forwarding support for the preservation of the Jessamyn Holdings Ltd. property on German Mills Road. (10.7) 

 

34-2003           Chantal Clermont & Carlos Pinto, 2200 John Street - Forwarding support for the preservation of the Jessamyn Holdings Ltd. property on German Mills Road. (10.7)

 

35-2003           James, R. A. (Bob), 22 Quail Valley Drive - Forwarding support for the preservation of the Jessamyn Holdings Ltd. property on German Mills Road. (10.7)

 

36-2003           Monica and George Auerbach, 41 German Mills Road - Forwarding support for the preservation of the Jessamyn Holdings Ltd. property on German Mills Road. (10.7)

 

37-2003           Allan Krochmalnek, 63 Donnamora Crescent - Forwarding support for the preservation of the Jessamyn Holdings Ltd. property on German Mills Road. (10.7)

 

38-2003           Jan and Dea Godschalk - Forwarding support for the preservation of the Jessamyn Holdings Ltd. property on German Mills Road. (10.7)

 

39-2003           Mindy Tenenbaum, 16 Royal Birkdale Lane - Forwarding support for the preservation of the Jessamyn Holdings Ltd. property on German Mills Road. (10.7)

 

40-2003           Murray Johnston, President, Rouge Valley Foundation, 124 Crockford Boulevard, Scarborough - Forwarding support for the preservation of the Jessamyn Holdings Ltd. property on German Mills Road. (10.7)

 

8.         COMMUNICATIONS - cont'd

 

Received

41-2003           Sari Merson, resident of Ward 2- Forwarding support for the preservation of the Jessamyn Holdings Ltd. property on German Mills Road. (10.7)

 

42-2003           Family Ellison, 48 Julia Street, Thornhill- Forwarding support for the preservation of the Jessamyn Holdings Ltd. property on German Mills Road. (10.7)

 

43-2003           Christian J. Klein, President, Historical Society of Mecklenburg Upper Canada- Forwarding support for the preservation of the Jessamyn Holdings Ltd. property on German Mills Road. (10.7)

 

44-2003           Steve and Barbara Held, 7 Cobblestone Drive, Thornhill - Forwarding support for the preservation of the Jessamyn Holdings Ltd. property on German Mills Road. (10.7)

 

45-2003           Rev. Canon Donald R. Bone, 95 Quail Valley Crescent, Thornhill- Forwarding support for the preservation of the Jessamyn Holdings Ltd. property on German Mills Road. (10.7)

 

46-2003           C. Sparkes - Forwarding support for the preservation of the Jessamyn Holdings Ltd. property on German Mills Road. (10.7)

 

47-2003           Les Kottler and Shirley Solomon, 7 Granada Court, Thornhill - Forwarding support for the preservation of the Jessamyn Holdings Ltd. property on German Mills Road. (10.7)

 

48-2003           Tina R. Molinari, MPP Thornhill- Forwarding support for the preservation of the Jessamyn Holdings Ltd. property on German Mills Road. (10.7)

 

49-2003           Carole Benson - Forwarding support for the preservation of the Jessamyn Holdings Ltd. property on German Mills Road. (10.7)

 

50-2003           Ron & Helen Grant, 18 Framingham Drive, Thornhill - Forwarding support for the preservation of the Jessamyn Holdings Ltd. property on German Mills Road. (10.7)

 

51-2003           Mike Price - Advising that he will not be able to attend the Council meeting this date regarding the Jessamyn Holdings Ltd. property on German Mills Road. (10.7)

 

52-2003           Peter K. MacLeod, 70 Aberfeldy Crescent - Forwarding opposition for the expropriation of the property known as Jessamyn Holdings Ltd. for the purposes of expanding Settlers' Park. (10.7)

 

8.         COMMUNICATIONS - cont'd

 

Received

53-2003           Eileen Smith, 89 German Mills Road - Forwarding opposition for the expropriation of the property known as Jessamyn Holdings Ltd. for the purposes of expanding Settlers' Park. (10.7)

 

54-2003           Don Macfarlane - Forwarding opposition for the expropriation of the property known as Jessamyn Holdings Ltd. for the purposes of expanding Settlers' Park. (10.7)

 

55-2003           Darryl Press - Forwarding support for the expropriation of the property known as Jessamyn Holdings Ltd. for the purposes of expanding Settlers' Park. (10.7)

 

56-2003           Harry Leslie, Executive Committee, Boyington Heights Ratepayers Association - Forwarding support for the expropriation of the property known as Jessamyn Holdings Ltd. for the purposes of expanding Settlers' Park. (10.7)

 

56.1-2003        Kun-Mo Lee, 81 Simonston Blvd. - Forwarding support for the preservation of the Jessamyn Holdings Ltd. property on German Mills Road. (10.7)

 

57-2003           Chris Papahadzis - Forwarding support for the expropriation of the property known as Jessamyn Holdings Ltd. for the purposes of expanding Settlers' Park. (10.7)

 

CARRIED

 

Moved by Regional Councillor G. Landon

Seconded by Councillor J. Heath

 

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

 

 

Referred to Commissioner of Development Services

16-2003           Ontario Municipal Board - Forwarding a decision approving the Official Plan Amendment and amendments to By-law 304-87 and 108-8 for the application submitted by the Tender Holdings Limited to rezone lands respecting 5 Old 14th Avenue to permit various commercial uses. (10.6 & 10.5)
(By-laws 2002-329 to 2002-331)

 

17-2003           Ontario Municipal Board - Forwarding a decision approving draft plan of subdivision, subject to conditions, for the application submitted by the Sixteenth Warden Limited to rezone lands respecting Part of Lots 17 & 18, Concession 4 to permit the development of a residential Plan of Subdivision. (10.5 & 10.7)
(By-law 2002-332)

 

CARRIED

 

9.         OTHER BUSINESS

 

Council consented to separate Clause (5).

 

Moved by Regional Councillor B. O'Donnell

Seconded by Councillor E. Shapero

 

That Clauses (1) to (5) - Other Business be received and adopted.

 

(1)        SURPLUS PROPERTY AND LAND EXCHANGE
            DESIGNATED AS PART 9 ON DRAFT REFERENCE PLAN
            BENSON AVENUE - YONGE STREET INTERSECTION (8.5 & 8.6)

That the Notice of Sale for the Town owned property described as Part 9 on the draft reference plan (to be deposited at the Land Registry Office), be confirmed.

(Clause 16, Report No. 2, 2003)

 

 

(2)        SURPLUS PROPERTY AND LAND TRANSFER TO
            REGION OF YORK - PART OF LOT 21, CONCESSION 5
            DESIGNATED AS PARTS 1, 2, 3 AND 4 ON REFERENCE PLAN
            65R-25469 - ANGUS GLEN COMMUNITY CENTRE

 

That the Notice of Sale for the Town owned property described as Part of Lot 21, Concession 5, Designated as Parts 1, 2, 3 and 4 on Reference Plan 65R-25469, be confirmed

(Clause 17, Report No. 2, 2003)

 

 

(3)        PROPOSED STOP-UP, CLOSURE AND DISPOSAL
            PORTION OF DEVIATION ROAD (5.17 & 8.1 & 8.7)
            B. Varner, Ext. 5988

 

That the Notice of Sale for the Town owned property described as Part of Deviation Road, Parts 1, 2, 3 and 4 on Plan 65R-25471, be confirmed.

(Clause 18, Report No. 2, 2003)

 

 

(4)        5884 SIXTEENTH AVENUE, LUNAU RESIDENCE
PART 1, PLAN 65R-24463, MARKHAM (8.5) (8.5)

 

That the Notice of Sale for the Town owned property located at 5884 Sixteenth Avenue, Part 1, Plan 65R-24463, be confirmed.
(Clause 3, Report No. 2, 2003)

 

CARRIED

9.         OTHER BUSINESS - cont'd

 

 

(5)        CHANGE OF STREET NAME
            - MINTHORN COURT TO MINTHORN BOULEVARD (10.14)

 

WHEREAS Notice has been given as required by Section 210, Subsection 111 of The Municipal Act, R. S. O. 1990, Chapter M. 45 with respect to a proposed by-law to change the street name of Minthorn Court to Minthorn Boulevard on Plan of subdivision 65M-2665, to reflect its new status as a through street between Commerce Valley Drive East and Leslie Street.

 

AND WHEREAS no person has claimed that he/she would be adversely affected by the by-law or has applied to be heard;

 

NOW THEREFORE BE IT RESOLVED THAT a by-law be enacted later in the meeting to change the street name of Minthorn Court to Minthorn Boulevard on Plan of subdivision 65M-2665, to reflect its new status as a through street between Commerce Valley Drive East and Leslie Street.

(Other Business (2) - Nov. 12, 2002)(By-law 2002-333)

 

CARRIED

 

 

Moved by Regional Councillor F. Scarpitti

Seconded by Councillor J. Virgilio

 

That Council resolve into an in-camera meeting to consider legal matter.

 

CARRIED

 

Moved Councillor A. Chiu

Seconded by Regional Councillor G. Landon

 

That Council rise and not report.

 

CARRIED

 

 

 

10.       BY-LAWS

 

Moved by Councillor A. Chiu

Seconded by Regional Councillor G. Landon

 

That By-laws 2002-273 to 2002-338 be given three readings and enacted.

 

Three Readings

 

BY-LAW 2002-273    A by-law to amend By-law 77-93, as amended, being a by-law to provide for fully taxable remuneration for the Mayor and Members of Council.
(Committee of the Whole Motion)

 

BY-LAW 2002-274    A by-law to amend Traffic By-law 106-71 (All-way stop control at the intersection of Castlemore Avenue & Ridgecrest Road).
(Clause 5, Report No. 1, 2003)

 

BY-LAW 2002-275    A by-law to prescribe the form and manner and times for the provision of reasonable notice (Notice By-law)
(Clause 6, Report No. 2, 2003)

 

BY-LAW 2002-276    A by-law to impose fees or charges for services or activities provided or done by the Town of Markham.
(Clause 7, Report No. 2, 2003)

 

BY-LAW 2002-277    A by-law to rescind By-law 37-96, being a by-law to charge fees for administrative services and 302-96, being a by-law to establish a fee structure for live birth registrations, burial permits and marriage licences.
(Clause 7, Report No. 2, 2003)

 

BY-LAW 2002-278    A by-law to amend By-law 111-98, as amended by By-law 2002-181, being a by-law to charges fees for services provided by Fire and Emergency Services for emergency and non-emergency incidents (to delete Fee Schedule "A").
(Clause 7, Report No. 2, 2003)

 

BY-LAW 2002-279    A by-law to amend By-law 1602, as amended by By-law 2002-171, being a by-law to provide a schedule of fees for water/wastewater for the Town of Markham effective September 1, 2002 (to delete Schedule "A").
(Clause 7, Report No. 2, 2003)

 

BY-LAW 2002-280    A by-law to amend Sign By-law 2002-94 (to delete Fee Schedule "A").
(Clause 7, Report No. 2, 2003)

 

10.       BY-LAWS - cont'd

 

 

BY-LAW 2002-281    A by-law to amend By-law 2001-237, being a by-law to provide a mechanism for the sale and discharge of fireworks (to delete Fee Schedule "A").
(Clause 7, Report No. 2, 2003)

 

BY-LAW 2002-282    A by-law to amend By-law 2001-235, being a by-law to establish fees for Fire Department responses to false alarms (to delete fees or charges).
(Clause 7, Report No. 2, 2003)

 

BY-LAW 2002-283    A by-law to amend By-law 308-97, being a by-law to provide for the registration of two-unit residential occupancies (to delete Fee Schedule "A").
(Clause 7, Report No. 2, 2003)

 

BY-LAW 2002-284    A by-law to establish licence fees for the Town of Markham.
(Clause 9, Report No. 2, 2003)

 

BY-LAW 2002-285    A by-law to amend By-law 2001-237, being a By-law respecting the sale and discharge of fireworks (to delete Schedule 'A').
(Clause 9, Report No. 2, 2003)

 

BY-LAW 2002-286    A by-law respecting the licensing, regulating and inspecting of adult entertainment parlours for the provision of goods (repeals By-law 2001-62).
(Clause 9, Report No. 2, 2003)

 

BY-LAW 2002-287    A by-law to licence and regulate adult entertainment parlours within the Town of Markham (repeals By-law 2001-22).
(Clause 9, Report No. 2, 2003)

 

BY-LAW 2002-288    A by-law to provide for the licensing and regulation of places of amusement (repeals By-law 2001-31).
(Clause 9, Report No. 2, 2003)

 

BY-LAW 2002-289    A by-law for the regulating and licensing of places of amusement - pinball and video games room (repeals 2001-30).
(Clause 9, Report No. 2, 2003)

 

BY-LAW 2002-290    A by-law to provide for the licensing and regulation of auctioneers (repeals 2001-35).
(Clause 9, Report No. 2, 2003)

 

10.       BY-LAWS - cont'd

 

 

BY-LAW 2002-291    A by-law to provide for the licensing and regulation of barber and hairdressing shops (repeals 2001-34).
(Clause 9, Report No. 2, 2003)

 

BY-LAW 2002-292    A by-law respecting the licensing and inspecting of body-rub parlours and attendants and complementary health care service providers and attendants (repeals By-law 116-98).
(Clause 9, Report No. 2, 2003)

 

BY-LAW 2002-293    A by-law to provide for the licensing and regulation of bowling alleys, billiards, bagatelle establishments (repeals By-law 2001-25).
(Clause 9, Report No. 2, 2003)

 

BY-LAW 2002-294    A by-law to provide for the licensing and regulation of driving schools and driving instructors (repeals By-law 2001-27).
(Clause 9, Report No. 2, 2003)

 

BY-LAW 2002-295    A by-law to provide for the licensing and regulation of dry cleaning depots (repeals By-law 2001-32).
(Clause 9, Report No. 2, 2003)

 

BY-LAW 2002-296    A by-law to provide for the licensing and regulation of eating establishments and food stores (repeals By-law 2002-75).
(Clause 9, Report No. 2, 2003)

 

BY-LAW 2002-297    A by-law to provide for the licensing and regulation of public garages (repeals By-law 2001-28).
(Clause 9, Report No. 2, 2003)

 

BY-LAW 2002-298    A by-law to license the operation of golf driving ranges (repeals By-law 2001-29).
(Clause 9, Report No. 2, 2003)

 

BY-LAW 2002-299    A by-law to regulate horse riding establishments in the Town of Markham and provide for safety measures for persons while riding at those establishments (repeals By-law 58-2000).
(Clause 9, Report No. 2, 2003)

 

BY-LAW 2002-300    This number not used.

 

BY-LAW 2002-301    A by-law to licence and regulate owners and drivers of limousines (repeals By-law 206-98).
(Clause 9, Report No. 2, 2003)

 

10.       BY-LAWS - cont'd

 

 

BY-LAW 2002-302    A by-law for the licensing, regulating and governing of persons who carry on business of leasing or renting mobile signs (repeals By-law 21-97).
(Clause 9, Report No. 2, 2003)

 

BY-LAW 2002-303    A by-law to license and regulate mobile vendors (repeals By-law 64-97).
(Clause 9, Report No. 2, 2003)

 

BY-LAW 2002-304    A by-law to provide for the licensing and regulation of public halls (repeals By-law 2001-24).
(Clause 9, Report No. 2, 2003)

 

BY-LAW 2002-305    A by-law to provide for the licensing and regulation of refreshment vehicles (repeals By-law 2001-26)
(Clause 9, Report No. 2, 2003)

 

BY-LAW 2002-306    A by-law to provide for the licensing and regulation of salvage shops, salvage yards and second hand dealers (repeals By-law 2001-36).
(Clause 9, Report No. 2, 2003)

 

BY-LAW 2002-307    A by-law respecting the licensing, regulating and inspecting of retailers of second hand goods (repeals By-law 123-2000).
(Clause 9, Report No. 2, 2003)

 

BY-LAW 2002-308    A by-law for licensing, regulating and governing owners and drivers of taxicabs and taxicab brokers (repeals By-law 2001-40).
(Clause 9, Report No. 2, 2003)

 

BY-LAW 2002-309    A by-law to provide for the licensing and regulation of tobacco shops (repeals By-law 2001-33).
(Clause 9, Report No. 2, 2003)

 

BY-LAW 2002-310    A by-law to provide for the licensing, regulation and governing of owners and drivers of tow trucks operating in the Town of Markham (repeals By-law 184-96).
(Clause 9, Report No. 2, 2003)

 

BY-LAW 2002-311    A by-law to appoint Deputy Clerks for the Town of Markham (Patricia Miller & Judith Kee)
(Clause 10, Report No. 2, 2003)

 

BY-LAW 2002-312    A by-law to levy property taxes prior to the adoption of estimates (2003 Interim Tax Levy By-law).
(Clause 11, Report No. 2, 2003)

 

10.       BY-LAWS - cont'd

 

 

BY-LAW 2002-313    A by-law to authorize the execution of a Transfer/Deed of land to Canada Lands Company Limited for lands legally described as part of the original road allowance between Lots 5 & 6, Concession 7, designated as Part 2, Plan 65R-25093 (Old 14th Avenue).
(Clause 2, Report No. 2, 2003)

 

BY-LAW 2002-314    A by-law to authorize the execution of a Transfer/Deed of land to Armadale Square Inc. for lands legally described as part of the original road allowance between Lots 5 & 6, Concession 7, designated as Part 1, Plan 65R-25093 (Old 14th Avenue).
(Clause 2, Report No. 2, 2003)

 

BY-LAW 2002-315    A by-law to adopt Official Plan Amendment No. 98 (Birch Homes, 19 Lemsford Drive - To permit the severance of Lot 35, Plan 65M-3453)
(Clause 3, Report No. 3, 2003)

 

BY-LAW 2002-316    A by-law to amend Zoning By-law 90-81 (Birch Homes, 19 Lemsford Drive - To permit the severance of Lot 35, Plan 65M-3453)
(Clause 3, Report No. 3, 2003)

 

BY-LAW 2002-317    A by-law to establish the street laid out according to Plan of Subdivision 65M-3203 as public highways (Law Development Group (Cornell) Limited, Part of Lots 13 and 14, Concession 9 - Donald Sim Avenue, Cornell Meadows Avenue, Cornell Park Avenue, Spring Meadow Avenue, The Meadows Avenue, Walkerville Road, Lanes D, H, I, J, K, L, M, N and P).
(Clause 5, Report No. 3, 2003)

 

BY-LAW 2002-318    A by-law to establish the streets laid out according to Plan of Subdivision 65M-3235 as public highways (Law Development Group (Cornell) Limited, Part of Lot 14, Concession 9 - Christian Reesor Park Avenue, Cornell Common Road, Country Glen Road, Donald Sim Avenue, Walkerville Road, Lanes G and K).
(Clause 5, Report No. 3, 2003)

 

BY-LAW 2002-319    A by-law to establish the streets laid out according to Plan of Subdivision 65M-3236 as public highways (Law Development Group (Cornell) Limited, Part of Lots 12 and 13, Concession 9 - Settlement Park Avenue, Walkerville Road, Riverlands Avenue, Lanes K and Q).
(Clause 5, Report No. 3, 2003)

 

10.       BY-LAWS - cont'd

 

 

BY-LAW 2002-320    A by-law to establish the streets laid out according to Plan of Subdivision 65M-3294 as public highways (Law Development Group (Cornell) Limited, Part of Lots 14 and 15, Concession 9 - Pascoe Drive, White's Hill Avenue, Gowland Road, Lappe Avenue, Lanes L, R, S, T, U, W and X).
(Clause 5, Report No. 3, 2003)

 

BY-LAW 2002-321    A by-law to establish the streets laid out according to Plan of Subdivision 65M-3295 as public highways (Law Development Group (Cornell) Limited, Blocks 65 to 78, both inclusive, Plan 65M-3235 and Part of Lots 14 and 15, Concession 9 - Walkerville Road, Country Glen Road, Pingel Road, White's Hill Avenue, Glendennan Avenue, Almira Avenue, Lanes AA, BB, K, V, Y and Z).
(Clause 5, Report No. 3, 2003)

 

BY-LAW 2002-322    A by-law to establish the streets laid out according to Plan of Subdivision 65M-3226 as public highways (1107656 Ontario Inc., Part of Lots 9 and 10, Concession 2 - Azalea Gateway, Carnation Road, Dahlia Road, Galleria Parkway, Leitchcroft Crescent, Orchid Road, Park Common Boulevard, Saddlecreek Drive, Pond Drive, South Park Road, Times Avenue, Lanes B, C, D, E, F, G, H, I, J, K and L).
(Clause 5, Report No. 3, 2003)

 

BY-LAW 2002-323    A by-law to establish the streets laid out according to Plan of Subdivision 65M-3180 as public highways (Daniels Rouge Corporation, Part of Lots 8 and 9, Concession 8 - James Scott Road &Charlotte Angliss Road).
(Clause 5, Report No. 3, 2003)

 

BY-LAW 2002-324    A by-law to establish the streets laid out according to Plan of Subdivision 65M-3190 as public highways (Daniels Rouge Corporation, Part of Lot 8, Concession 8 - Schouten Crescent & Charlotte Angliss Road).
(Clause 5, Report No. 3, 2003)

 

BY-LAW 2002-325    A by-law to establish the streets laid out according to Plan of Subdivision 65M-3202 as public highways (Law Development Group (Cornell) Limited, Part of Lots 12, 13 and 14, Concession 9 - Cornell Park Avenue, Country Glen Road, Spring Meadow Avenue, Riverlands Avenue, The Meadows Avenue, Cornell Common Road, Lanes A, B, C, D, E, F and I).
(Clause 5, Report No. 3, 2003)

 

10.       BY-LAWS - cont'd

 

 

BY-LAW 2002-326    A by-law to amend Traffic By-law 106-71 (65M-3202, 65M-3203, 65M-3235, 65M-3236, 65M-3294, 65M-3295, 65M-3226, 65M-3180 & 65M-3190 - Compulsory stop)
(Clause 5, Report No. 3, 2003)

 

BY-LAW 2002-327    A by-law to amend Speed By-law 105-71 (65M-3202, 65M-3203, 65M-3235, 65M-3236, 65M-3294, 65M-3295, 65M-3226, 65M-3180 & 65M-3190 - Maximum speed of 40 km)
(Clause 5, Report No. 3, 2003)

 

BY-LAW 2002-328    A by-law to amend Parking By-law 336-88 (65M-3202, 65M-3203, 65M-3235, 65M-3236, 65M-3294, 65M-3295, 65M-3226, 65M-3180 & 65M-3190 - No parking)
(Clause 5, Report No. 3, 2003)

 

BY-LAW 2002-329    A by-law to adopt Official Plan Amendment No. 97 (OMB decision, Tender Holdings Limited, 5 Old 14th Avenue - To permit various commercial uses).
(Communication No. 16-2003)

 

BY-LAW 2002-330    A by-law to amend Zoning By-law 304-87, as amended (OMB decision, Tender Holdings Limited, 5 Old 14th Avenue - To delete the subject lands from the designated area of By-law 304-87 so that they may be incorporated into By-law 108-81, as amended to permit various commercial uses).
(Communication No. 16-2003)

 

BY-LAW 2002-331    A by-law to amend Zoning By-law 108-81, as amended (OMB decision, Tender Holdings Limited, 5 Old 14th Avenue - To permit various commercial uses).
(Communication No. 16-2003)

 

BY-LAW 2002-332    A by-law to amend Zoning By-law 118-79, as amended (OMB decision, Sixteenth Warden Limited, Part of Lots 17 & 18, Concession 4 - To permit the development of a residential Plan of Subdivision.
(Communication No. 17-2003)

 

BY-LAW 2002-333    A by-law to change a certain street name in the Town of Markham (Minthorn Court to Minthorn Boulevard).
(Other Business (5))

 

10.       BY-LAWS - cont'd

 

 

BY-LAW 2002-334    A by-law to amend Zoning By-law 177-96, as amended (Angus Glen Development Limited, Phase 5, Plan 19T-95026, Part of Lots 19 and 20, Concession 5 - To remove the (H) Hold provision)
(Council Meeting No. 1, 2003)

 

BY-LAW 2002-335    A by-law to amend Zoning By-law 177-96, as amended (Emery Investments - Williamstown (Berczy Village), Phase 4, Plan 19TM-01019, Part of Lots 18 and 19, Concession 6 - To remove the (H) Hold provision)
(Council Meeting No. 1, 2003)

 

BY-LAW 2002-336    A by-law to amend By-law 2002-178, being a by-law to appoint Municipal Law Enforcement Officers (appointment of Darlene Barker)
(Council Meeting No. 1, 2003)

 

BY-LAW 2002-337    A by-law to amend By-law 2001-1, being a by-law to govern the proceedings of Council and Committees of Council (to provide for the disposition of land to be considered in-camera).
(Council Meeting No. 1, 2003)

 

BY-LAW 2002-338    A by-law to confirm the proceedings of the Council meeting of December 10, 2002.
(Council Meeting No. 1, 2003)

 

CARRIED

 

 

 

11.       ADJOURNMENT

 

Moved by Councillor A. Chiu

Seconded by Regional Councillor G. Landon

 

That the meeting do adjourn.

CARRIED

Council adjourned at 3:25 p.m.

 

 

 

 

 

_________________________________                  ____________________________________

TOWN CLERK                                                          MAYOR

 

(Signed)