2003-01-28
COUNCIL MINUTES Council Chamber, Civic Centre
Meeting
No. 4
(Canada
Room)
COMMITTEE
OF THE WHOLE
ROLL
CALL
Mayor D.
Cousens, Deputy Mayor F. Scarpitti, Regional Councillor T. Wong, Regional
Councillor B. O'Donnell (6:00 p.m.), Councillor S. Daurio, Councillor E.
Shapero, Councillor J. Virgilio, Councillor G. McKelvey, Councillor J. Heath,
Councillor D. Horchik, Councillor K. Usman, Councillor A. Chiu. (12)
Regrets
Regional
Councillor G. Landon (1)
Moved by
Councillor A. Chiu
Seconded by
Councillor G. McKelvey
That Council
resolve itself into the Committee of the Whole to discuss the following:
(1) Grants (12.2.6)
(2) Hydro Distribution Companies - For
Profit (13.7 & 13.2)
(3) Property Matter - Lease (8.7)
(4) Engineering Matter - Dewatering (2.10
& 5.5)
(5) Fund/Grant Contract (8.2)
(6) 2003 Advisory Committee/Board
Appointments (16.24)
CARRIED
The Regular
Meeting of Council was held on January 28, 2003 at 7:00 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 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. (12)
Regrets
Regional
Councillor G. Landon. (1)
STAFF
J. Livey,
Chief Administrative Officer
J. Baird,
Commissioner of Development
Services
S. Birrell,
Town Clerk
B. Cribbett,
Treasurer
J. Mascarin,
Acting Town Solicitor
J. Kee,
Committee Clerk
B. Nanninga,
Executive Assistant
J. Sales,
Commissioner of Community & Fire
Services
A. Taylor,
Commissioner of Corporate Services
1. DISCLOSURE OF PECUNIARY INTEREST
Councillor J.
Heath disclosed an interest with respect to Clause 8, Report #9, Development
Services Committee Minutes (Item #11) "Report On Incoming Planning
Applications", with respect to the application submitted by Mannarich
Foods Inc., 26 Laidlaw Boulevard, by nature of his owning property nearby to
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.
Councillor J. Virgilio disclosed an interest
with respect to Item #9 - By-laws, specifically By-law 2003-28, a by-law to
remove Holding Provision (H) (Kindwin Markham Limited - Berczy Village), by
nature of representing the property owner, 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 F. Scarpitti
Seconded by
Councillor A. Chiu
That Council rise from the Committee of the
Whole and the Chairman report.
Carried
Mayor D.
Cousens reported the following motions passed at the Committee of the Whole
meeting:
(1) S'PORT
FOR KIDS BALL 2003 BENEFIT GALA
APRIL 5, 2003 (12.2.6)
That the report entitled "S'Port for Kids Ball 2003 Benefit Gala -
April 5, 2003", dated January 20, 2003 be received;
And that a table for 10 be purchased for Councillors to attend S'Port
for Kids Ball 2003 Benefit Gala - April 5, 2003, being held at the Premiere
Ballroom & Convention Centre, Richmond Hill, at a total cost of $2,000.
(2) MARKHAM AND RICHMOND
HILL HYDRO
DISTRIBUTION COMPANIES - FOR PROFIT (13.7 & 13.2)
That the Town of Markham Council affirms its position that Markham
Hydro Distribution Inc. should continue as a corporation under section 142(1)
of the Electricity Act 1998 and to operate on a for-profit basis;
And that the Town of Markham Council affirms its position that Richmond
Hill Hydro Inc. should continue to operate on a for-profit basis;
And that the following Resolution of the Council of the Corporation of
the Town of Markham be approved:
"WHEREAS Section 142 of the Electricity Act, 1998, required
municipalities to convert their existing hydro‑electric commissions into
corporations incorporated under the Business
Corporations Act (Ontario) before November 7, 2000.
AND WHEREAS Markham Energy Corporation and its
subsidiaries, Markham Hydro Distribution Inc. and Markham District Energy Inc.,
were incorporated under the Business
Corporations Act, (Ontario),
as required pursuant to Section 142 of the
Electricity Act, 1998 and were established effective as of January
1, 2000.
AND WHEREAS subsequent to the formation of
Markham Energy Corporation and its subsidiaries, and with the approval of the
Ontario Energy Board, Markham Hydro Distribution Inc. and Hydro Vaughan
Distribution Inc. each purchased fifty (50) percent of the shares of Richmond
Hill Hydro Inc. from the Town of Richmond Hill effective December 27, 2001.
AND WHEREAS Markham Hydro Distribution Inc.
and Richmond Hill Hydro Inc. continue to operate as highly efficient
electricity distributors for the benefit of the electricity customers of
Markham and Richmond Hill.
AND WHEREAS on December 9, 2002
Bill 210, the Electricity Pricing,
Conservation and Supply Act, 2002 (“the Act”) received third
reading, Royal Assent and came into force.
AND WHEREAS the Act amends the Electricity Act, 1998, by adding
Section 159.1, which provides that each municipality that beneficially
owns voting securities in a corporation incorporated under Section 142 of
the Electricity Act, 1998, and
that is licensed under the Ontario Energy
Board Act, 1998 to distribute electricity, may within 90 days
after Section 159.1 comes into force, pass a resolution affirming that the
corporation should continue to be incorporated as provided in
Section 142(1) of the Electricity Act,
1998.
AND WHEREAS the Act also provides several
consequences of failure to pass the required resolution and submit the
necessary certificate certifying the passing of the resolution, which
consequences include a prohibition against declaring or paying dividends for the
benefit of any person; a prohibition against any disposition of the assets or
liabilities of the electricity distribution corporation; prohibitions against
entering into certain contractual arrangements; and an application being deemed
to have been made to the Ontario Energy Board for a rate order that
incorporates a 0% return on common equity which effectively converts the
distribution corporation into a not‑for‑profit business.
AND WHEREAS Markham Hydro Distribution Inc.
is a licensed electricity distributor that was incorporated as provided in
Section 142(1) of the Electricity Act, 1998
and is owned by the Town of Markham through its direct ownership of Markham
Energy Corporation, the parent corporation of Markham Hydro Distribution Inc.
AND WHEREAS Richmond Hill Hydro is a
licensed electricity distributor that was incorporated as provided in Section
142(1) of the Electricity Act, 1998
and is 50% owned by the Town of Markham through its direct ownership of Markham
Energy Corporation, the parent corporation of Markham Hydro Distribution Inc.
AND WHEREAS the ownership of Markham Hydro
Distribution Inc. and Richmond Hill Hydro Inc. has consistently ensured that
the electricity customers of Markham and Richmond Hill receive efficient
electrical services at competitive rates.
NOW THEREFORE BE IT RESOLVED THAT:
1.
The Council of the
Corporation of the Town of Markham affirms that Markham Hydro Distribution
Inc., an electricity distributor licensed under the Ontario Energy Board Act, 1998, and Richmond Hill Hydro Inc.
an electricity distributor licensed under the Ontario
Energy Board Act, 1998, which is 50 percent owned by Markham Hydro
Distribution Inc. should each continue to be incorporated as a corporation
under the Business Corporations Act
(Ontario) as provided in Subsection 142(1) of the Electricity Act, 1998 and to operate on a
for-profit basis.
2.
The Mayor and Clerk are
authorized to prepare and file with the Minister of Energy the necessary
certificate required under Section 159.1 of the Electricity Act, 1998 as provided for in the Act."
And that the Town of Markham provide to the Province of Ontario the
required "Certificate of Passing of Resolution under Section 159.1 of the Electricity
Act, 1998"
And that the City of Vaughan be notified of the Town of Markham's
decision.
(3) LEASE
FOR 8100 WARDEN AVENUE (8.7)
That Council enact a by-law authorizing the Mayor and Clerk to execute
a lease agreement for the property at 8100 Warden Avenue, between the Town of
Markham and Markham Hydro Distribution Inc. in a form satisfactory to the Town
Solicitor;
* And further that the plans for the conversion of the heating
system at 8100 Warden Avenue be referred to Markham Hydro
Distribution Inc. staff for a report back to the Committee of the Whole.
* Amended by Council at its
meeting held on February 11, 2003 to be substituted with "…referred to
Town of Markham staff…".
(4) APPLICATION FOR
EXEMPTION TO
NOISE CONTROL BY-LAW 218-89
16TH AVENUE TRUNK SEWER CONTRACT (2.10, 5.5)
That an exemption to the Town’s
Noise Control By-Law 218 to extend the hours of work for the construction of
the second phase of the 16th Avenue trunk sanitary sewer from Stone
Mason Drive to Woodbine Avenue, as requested by the Region of York, be approved
as follows:
(a)
Shaft Locations
Location 1 - North side 16th Ave.
opposite Longwater Chase (east)
Location 2 - South side 16th Ave.
between Warden Avenue & Lockbridge Ave.
Location 3 - North side 16th Ave.
between Woodbine Ave. & Rodick Road
Exemption Requested
1900 hours to 2300 hours Monday to Friday from February 1 2003 to
December 31 2005 for shaft excavation and construction
(b)
Shaft Locations
Location 4 - North side 16th Ave.
opposite Stone Mason Drive
Location 5 - North side 16th Ave.
opposite Aiken Circle
Exemption Requested
1900 hours to 2400 hours Monday to Friday from February 1 2003 to
December 31 2005 for shaft excavation and tunneling
2400 hours to 0700 hours Monday to Friday from February 1 2003 to
December 31 2005 for maintenance
And that the
request by McNally International for an extension to the existing Noise By-law
exemption at the 16th Avenue and 9th Line shaft location
from October 2002 to April 30 2003 be approved.
And that the
approval of the Noise By-Law exemption for phase 2 of the 16th
Avenue sewer and the extension of the existing exemption at the 16th
Avenue/9th Line location be subject to the following conditions:
1. submission of drawing for each shaft location outlining the
vicinity of abutting residential properties, equipment to be used on site,
lighting levels, etc.
2. Meetings as required by Town with residents abutting the
shafts to review mitigative measures
3. Implementation of a communication and well mitigation
program as per Regional Council’s November 21, 2002 resolution
4. implementation of further mitigative measures arising from
the Town’s and/or Region’s peer review of the dewatering program and public
consultation process
5. noise levels emitting from the shaft must meet Ministry of
the Environment Guidelines and Town By-law 218-89 (maximum 85 decibels)
6. appropriate muffling devices must be installed on all cranes
and other equipment, which will be utilized on the project.
7. floodlighting at all shaft locations must be adequately
shielded to minimize light pollution
8. heavy truck access to shaft locations must be prohibited
from 1900 hours to 0700 hours
9. shaft areas must be enclosed on all sides by a minimum 2.4m
high insulated hoarding
10. follow-up noise monitoring must be undertaken by the Region and McNally International as required by
and to the satisfaction of the Town
11. the Town has the right to rescind the exemption if the Region
fails to comply with the above conditions to the satisfaction of the Town;
And that within six weeks, (no later than the third Council meeting
from this date), staff and the Region of York report on what action has been
taken regarding de-watering beyond Stone Mason Drive, and what steps are in
place to mitigate any concerns.
(5) BELL
CANADA COMMUNITY FUND CONTRACT (8.2)
That the report entitled "Bell Canada Community Fund
Contract", be received;
And that the Mayor and Clerk be authorized to execute the contract on
behalf of the Town, thereby securing Bell Canada's grant of $15,000 toward the
development of the Innovation Synergy Centre Business Plan;
And that a letter of appreciation be
forwarded to Bell Canada for their continuing support.
(6) 2003
ADVISORY COMMITTEE/BOARD
APPOINTMENTS
(16.24)
Markham Village B.I.A. Board of
Management
That the following appointments to the Markham
Village B.I.A. Board of Management, be confirmed:
Dr. Morley Lem, Chair term to expire
December 31, 2003
Roger Clements, Vice Chair term to
expire December 31, 2003
Frankie Rose term
to expire December 31, 2003
Ellen Stewart term
to expire December 31, 2003
Debbie Ruddy term
to expire December 31, 2003
Amy Pialagitis term to
expire December 31, 2003
Jhurry Vimal term
to expire December 31, 2003
John Konidis term
to expire December 31, 2003
Alexis Muir term
to expire December 31, 2003
Judi McIntyre, Manager term
to expire December 31, 2003
Councillor Jack Heath term to expire
November 30, 2003
Councillor Khalid Usman term
to expire November 30, 2003
Canada Day Committee
That Mr. Sam Sahoy be appointed to the Canada
Day Committee for the term expiring November 30, 2003.
Box Grove Community Centre Board
That the following appointments to the Box
Grove Community Centre Board, be confirmed:
Mr. Tom Farrar term to
expire December 31, 2003
Mr. Frank Orovits term to
expire December 31, 2003
Mrs. Lorraine Crivaro term to expire
December 31, 2003
Mr. Dan McCombe term to expire
December 31, 2003
Mrs. Rina Abbott term to
expire December 31, 2003
Mr. Nick Agostino term to expire
December 31, 2003
Dr. Barb Beauchamp term to expire
December 31, 2003
Mr. Stan Buell term to
expire December 31, 2003
Mr. Bob Crone term
to expire December 31, 2003
Mrs. Karen Feddersen term to expire
December 31, 2003
Mr. Bodo Maslabey term to expire
December 31, 2003
Mr. Dave Rout term
to expire December 31, 2003
Mrs. Jeanne Taylor term to expire
December 31, 2003
Mr. Peter Taylor term to
expire December 31, 2003
Mr. Bob Watt term
to expire December 31, 2003
Regional Councillor G. Landon term to
expire November 30, 3003
Councillor J. Heath term
to expire November 30, 2003
Moved by Regional Councillor F. Scarpitti
Seconded by Councillor K. Usman
That the Report of the Committee of the Whole
be adopted, approved and confirmed.
CARRIED
3. MINUTES
(1) REGULAR
& SPECIAL COUNCIL MINUTES
- JANUARY 14, 2003
Moved by
Councillor A. Chiu
Seconded by
Councillor K. Usman
That the
Minutes of the Regular Council Meeting and Special Council Meeting held on
January 14,
2003, be adopted.
CARRIED
4. PRESENTATIONS
(1) OLDER
ADULTS IN ACTION
PRESENTATION OF CHEQUE
(12.2.6)
Mr. John
Milligan, President, and Betty Hoover, Treasurer, Older Adults in Action, were
in attendance and presented a cheque in the amount of $20,820 to Council to be
applied against the operating costs of the Water Street Seniors Centre. The following members were also in
attendance:
George Swartele
Dorothy Jenner
Nell Dunn
Barbara Brown
(2) HOLIDAY
LIGHTEN-UP CONTEST/STUFF THE BUS
WINNERS (12.2.6)
Mayor D. Cousens announced the "Stuff
the Bus" Food Drive draw winner as:
Ms. S. Robinson
Awards to the
winners of the Best Lit Houses in the Markham Holiday Lighten-Up Contest were
presented, as follows:
Mr.
& Mrs. Lindsay 4
Rosea Court, Thornhill
Mr.
& Mrs. Sebastyan 46
Stornoway Crescent, Thornhill
Mr.
& Mrs. Scrymgeour 1
Glenridge Drive, Markham
Mr.
& Mrs. Nimens 7
Walnut Glen Place, Markham
Mrs.
M. Ofield 11
Walnut Glen Place, Markham
Mr.
M. Berezowsky 62
Sciberras Road, Unionville
Communities in Bloom street signs were
awarded for the Best Lit Streets in Markham as voted by local residents:
Shady Lane Crescent
Red Ash Drive
Couperthwaite Crescent
Thanks
and appreciation was also expressed to the many Councillors, staff, and
community groups that were involved in the great success of the Contest.
5. DELEGATIONS
(1) Glenn Baron requesting
responses to questions raised previously relating to the Quintil Group Inc.
application for 19 and 23 Deviation Road. (Report 9, Clause 3) (10.3, 10.5
& 10.7)
(2) Glenn Baron in
objection to the planned closing and disposition of Deviation Road. (Council Meeting No. 4) (5.17, 8.1 & 8.7)
6(a) REPORT NO. 7 - COMMUNITY SERVICES &
ENVIRONMENT COMMITTEE
Moved by
Councillor J. Heath
Seconded by
Councillor A. Chiu
That Report
No. 7 - Community Services & Environment Committee be received and adopted.
January 13, 2003
(1) CENTENNIAL COMMUNITY CENTRE
EXPANSION AND PARKING (6.6
& 5.12.4)
That
Council receive the report from Poulos and Chung entitled "Centennial
Community Centre Expansion Assessment of Parking Demand On-Site Parking Supply,
Access and Circulation";
And
that Council endorse the parking lot design as outlined in Figure 4 of such
report;
And
that staff seek Region of York support for the concept;
And
that staff prepare a Request for Proposal to retain an architect to design an
addition to Centennial Community Centre;
And
that the Architect present a plan that coordinates the building expansion with
the parking lot design;
And
further that staff continue to review options for the inclusion of indoor bocce
courts at Centennial Community Centre.
(2) OTHER COMMITTEE PROCEEDINGS
- MINUTES OF COMMUNITY
SERVICES & ENVIRONMENT
COMMITTEE MEETING – JANUARY
13, 2003 (16.0)
CARRIED
6(b) REPORT NO. 8 - FINANCE &
ADMINISTRATIVE COMMITTEE
Moved by
Councillor K. Usman
Seconded by
Regional Councillor T. Wong
That Report
No. 8 - Finance & Administrative Committee be received and adopted.
January 20, 2003
(1) CONFIDENTIAL PROPERTY MATTER - TAX SALE
(7.3)
That
the direction given to staff with respect to a property matter - tax sale, be
approved.
(2) PARTIAL RELEASE OF DEVELOPMENT AGREEMENT
CAPITANATA INVESTMENTS
LIMITED, BROOKLET
INVESTMENTS LIMITED, KRASIC
INVESTMENTS LIMITED
ARQUATO INVESTMENTS LIMITED -
WOODBINE AVENUE
AND COCHRANE DRIVE (8.2 &
10.0)
That
a by-law be enacted authorizing the Mayor and Clerk to execute the necessary
partial release of a Development Agreement between the Town and Capitanata
Investments Limited, Brooklet Investments Limited, Krasic Investments Limited
and Arquato Investments Limited over lands legally described as Part of Lot 9,
Concession 3, designated as Part 1, Plan 65R-25052, in a form satisfactory to
the Town Solicitor.
(By-law 2003-16)
(3) PRE-APPROVAL OF 2003 CAPITAL BUDGET
(7.5)
That
Council pre-approve 2003 Capital Budget funding equivalent to 75% of the 2002
Capital Budget Funding.
(4) COMPLEMENTARY HEALTHCARE ESTABLISHMENTS
LICENCE REFUSALS (2.0 &
2.12)
That
the report of the Town Clerk entitled "Complementary Healthcare
Establishments Licence Refusals", be received;
And
that the following Councillors be appointed as alternates to the Licensing
Committee:
Regional Councillor B. O'Donnell
Councillor S. Daurio
(5) DOROTHEA MOSS GARDEN ON GO TRANSIT
PROPERTY
214 MAIN STREET MARKHAM (6.3)
That
the Town of Markham enter into a Licence Agreement with GO Transit to allow the
construction of a commemorative parkette for the late Dorothea Moss on Markham
Road in front of 214 Main Street Markham;
And
that the parkette be named "Dorothea Moss Garden";
And
that the Mayor and Clerk be authorized to execute all documents in a form
satisfactory to the Town Solicitor.
(6) PURCHASE OF TWO (2) ICE RESURFACING
MACHINES (SOLE SOURCE) (7.12
& 7.5 & 6.1)
That
the tendering process be waived in accordance with Purchasing By-law 143-2000,
Section 14 (1) Item (e) "Where the Town is acquiring specialized
equipment….staff may negotiate purchases based on such specifications";
And
that the purchase of two Zamboni ice resurfacing machines be awarded to the
current vendor, Frank J. Zamboni & Co. Ltd. in the amount of $168,751.00
inclusive of 7% GST and 8% PST ($162,881.40 inclusive of 3% GST and 8% PST);
And
that the Town's sole source for the next five years continue to be Frank J.
Zamboni & Co. Ltd. as adopted by Council on March 25, 1997;
And
further that funding for one machine is provided for in the Angus Glen
Community Centre Furniture & Equipment Account # 5350 4921 005 and funding
for the second machine is included in the Proposed 2003 Fleet Capital Budget.
(7) MARKHAM
TRAIN STATION, 214 MAIN STREET NORTH (6.6 & 16.24)
That
the Town of Markham fund the outstanding balance for the Markham Train Station
Restoration Project of $126,000 from a 2001 provision set up for this purpose;
And
that the Markham Village Conservancy, under the leadership of its now Past
President Ken Hoyle, be formally thanked for spearheading the train station
restoration initiative, for leading the fundraising campaign which raised over half
a million dollars, for serving on the Train Station Task Force and for agreeing
to manage the facility for its first five years;
And
that the following members of the Markham Village Conservancy's Board of
Directors be appointed as the Markham Village Train Station Community Centre
Board of Directors:
- Linaire Armstrong
- Carolyn Bentley
- Nancy Danby
- Dorothy Gilbert
- Ken Hoyle
- Dianne More
- Elizabeth Plashkes
- Don Reesor
- Theo Rothe
- Bob Youngberg
- Councillor Jack Heath
- Councillor George McKelvey
And that the
Chief Administrative Officer and the Acting Town Solicitor meet with the Chair
of the Markham Village Train Station Community Centre Board regarding the
finalization of the GO lease and any other outstanding issues, if required;
And further
that the special appreciation of Council be conveyed to Regan Hutcheson,
Manager, Heritage Planning, and his staff for the leadership and work in the
restoration project of the Markham Train Station.
(By-law 2003-17)
(8) DRAGON BALL 2003 - YEE HONG CENTRE
(12.2.6)
That the
report dated January 20, 2003 entitled "Dragon Ball 2003 - Yee Hong
Centre" be received;
And that
tickets be purchased for Councillors for the Yee Hong Dragon Ball 2003, which
is to be held at the Metro Toronto Convention Centre on Saturday, February 1,
2003, not to exceed the amount of $3,000.00 as stated in the Town's
funding/sponsorship policy.
(9) EVERGREEN HOSPICE - WINTER FROLIC 2003
(12.2.6)
That the
report entitled "Evergreen Hospice - Winter Frolic 2003", being held
on February 21, 2003 at the Angus Glen Golf Club, be received;
And that a
table of eight (8) be purchased at a cost of $1,250.00 for the Evergreen
Hospice - Winter Frolic 2003, to be held at the Angus Glen Golf Club on
February 21, 2003.
(10) MARKHAM FEDERATION OF FILIPINO CANADIANS
BROADWAY BENEFIT CONCERT
(12.2.6)
That
the information on the "Broadway Benefit Concert" being held on March
29, 2003 at the Markham Theatre by the Markham Federation of Filipino Canadians
be received;
And
that the request for sponsorship of the "Broadway Benefit Concert" in
the amount of $1,000 be approved to include two tickets to the event, a
full-page advertisement in the Concert's program, a congratulatory message, and
photographs of all Councillors.
(11) OTHER COMMITTEE PROCEEDINGS
- MINUTES OF
FINANCE & ADMINISTRATIVE
COMMITTEE MEETING – JANUARY
20, 2003 (16.0)
CARRIED
6(c) REPORT NO. 9 - DEVELOPMENT SERVICES
COMMITTEE
Council
consented to separate Clause (3) and Clause (8).
Moved by Councillor G. McKelvey
Seconded by Regional Councillor B. O'Donnell
That Report No. 9 - Development Services
Committee be received and adopted.
January 21, 2003
(1) KARVON HOMES LIMITED, 6210, 6220 AND 6230 16TH
AVENUE
LOTS 3, 4 AND 5, PLAN 4299, GREENSBOROUGH COMMUNITY
PLAN OF SUBDIVISION (19TM-02007) AND IMPLEMENTING ZONING
BY-LAW AMENDMENT (SU 02 113581, ZA 02 113567)(10.3, 10.5)
Report attached
That draft plan of subdivision 19TM-02007 (SU
02 113581) located north of 16th Avenue, east of Markham Road,
proposed by Karvon Homes Limited, be draft approved subject to the conditions
outlined in Appendix ‘A’ attached to the staff report dated January 21, 2003,
entitled "Karvon Homes Limited";
And that zoning application (ZA 02 113567) to
amend By-laws 304-87, as amended, and 177-96, as amended, submitted by Karvon
Homes Limited, for lands located north of 16th Avenue, east of
Markham Road, be approved and the implementing Zoning By-laws attached as
Appendix ‘B” to the staff report dated January 21, 2003, be enacted;
And that the applicant provide to the Town
the 30% payment of the required subdivision processing fees in accordance with
the Town’s Fee By-law (By-law 170-2000);
And that water supply allocation for the 49
units in the draft plan of subdivision be granted from the approved allocation
for the Swan Lake Secondary Plan (OPA 17) area;
And that the Town reserves the right to
revoke or reallocate water supply allocation should the development not proceed
in a timely manner;
And that the Region of York be advised of the
sewage and water supply allocation for this development.
(By-laws 2003-18 & 2003-19)
(2) CORNELL COMMUNITY,
PHASE 1
MISCELLANEOUS STREET ISSUES
(10.14, 5.17)
Report attached
That
a By-law to rename Lane C, Registered Plan 65M-3202 and a portion of Lane A,
Registered Plans 65M-3243 and 65M-3507 to Milroy Lane and to rename a portion
of Lane W, Registered Plan 65M-3294 to Winkler Lane be considered by Council at
its meeting on February 11, 2003 and that notice be provided on the Council meeting
agenda and on the Town’s website in accordance with Notice By-law 2002-275 and
that notice also be provided by one publication in the Markham Economist &
Sun;
And That a By-law to permanently close a
portion of The Meadows Avenue, Registered Plan 65M-3202 and Registered Plan
65M-3507 be considered by Council at its
meeting on February 11, 2003 and that notice be provided on the Council meeting
agenda and on the Town’s website in accordance with Notice By-law 2002-275 and
that notice also be provided by one publication in the Markham Economist &
Sun.
(3) QUINTIL GROUP INC., 19 AND 23
DEVIATION ROAD
APPLICATIONS FOR OFFICIAL PLAN AND ZONING AMENDMENTS
AND PLAN OF SUBDIVISION (19TM-02004) APPROVAL
(OP.02-111776, ZA.02-106812, SU.02-111777) (10.3, 10.5, 10.7)
That the staff memorandum,
dated January 21, 2003, and the staff report dated January 7, 2003, regarding
application Files OP.02-111776,
ZA.02-106812, and SU.02-111777, submitted by Quintil Group Inc., for 19 and 23 Deviation Road, be
received.
And that correspondence
from Mr. Glen Barron, 251 Helen Avenue, in opposition to the applications,
Files OP.02-111776, ZA.02-106812, and
SU.02-111777, submitted by Quintil
Group Inc., for 19 and 23 Deviation Road, be received;
And that the deputations
by Mr. Terry McGauran, Mr. Glen Barron, and Mr. David Tang, regarding the
application by Quintil Group Inc., at 19 and 23 Deviation Road, be received;
And that Official Plan
amendment application (OP.02-111776) submitted by Quintil Group Inc. at 19 and
23 Deviation Road, be approved and the draft Official Plan amendment attached
as Appendix ‘A’ to the staff report dated January 7, 2003, be adopted;
And that draft plan of
subdivision 19TM-02004 (SU.02-111777) located at 19 and 23 Deviation Road,
proposed by Quintil Group Inc., be draft approved subject to the conditions
outlined in Appendix ‘A’, attached to the staff memorandum dated January 21,
2003, with the addition of two conditions regarding phasing and release of
securities, as discussed by the Committee;
And that the zoning
application (ZA.02-106812) to amend By-law 122-72 as amended, submitted by
Quintil Group Inc., to implement draft plan of subdivision 19TM-02004
(SU.02-111777) located at 19 and 23 Deviation Road, be approved and the draft
Zoning By-law attached as Appendix ‘B’ to the staff memorandum dated January
21, 2003, be enacted;
And that a water
supply allocation for up to 24 units in the draft plan of subdivision be
granted from the 500 units reserved for infill development;
And that the Town reserves the right to
revoke or reallocate sewage allocation and water supply should the development
not proceed in a timely manner;
And that the applicant provide to the Town the required payment of 30%
subdivision processing fees in accordance with the Town’s Fee By-law (By-law
17-2000).
And that the
deputation of Mr. Glenn Baron requesting responses to questions raised
previously
relating to
the Quintil Group Inc. application for 19 and 23 Deviation Road, be received.
(By-laws
2003-20 and 2003-21)
CARRIED
AS AMENDED
(See
motion to amend)
Moved by Councillor A. Chiu
Seconded by Regional Councillor F. Scarpitti
That
Clause 3 of Report No. 9 be amended to add the following:
That
the deputation of Mr. Glenn Baron requesting responses to questions raised
previously relating to the Quintil Group Inc. application for 19 and 23
Deviation Road, be received.
CARRIED
(4) CYTHNIA
JEAN STREET, BERCZY VILLAGE - SIDEWALK (5.18)
Report attached
That
the staff report entitled “ Berczy Village – Cynthia Jean Street Sidewalk”
dated January 21, 2003 be received;
And
that the sidewalk on the north side at Cynthia Jean Street be removed from lots
120 to 124 and from lots 164 to 175 at the developer’s expense;
And
that the sidewalk on Cynthia Jean Street be installed on the south side of the
road at the developer’s expense, if so requested by at least 67% of the
property owners with frontage on the south side of the south section of the
street;
And
that the sidewalk on the north side of Cynthia Jean Street from lots 155 to 163
and along block 210/499 be removed at the developer’s expense, if so requested
by the majority of the property owners with frontage on the north side of this
section of street;
And
that the sidewalk on Viscount Drive adjacent to lot 131, 110 & 111 be
constructed at the developer’s expense.
(5) GRAYWOOD DEVELOPMENTS
LTD., 5928 AND 5958 16TH AVENUE
OFFICIAL PLAN AND ZONING BY-LAW AMENDMENTS TO PERMIT A
SENIORS RESIDENCE (OP 02 111644, ZA 02 111669, SC 02
118894) (10.3, 10.5)
Report attached
That the Record of Public Meeting held on
October 8, 2002 regarding the Official Plan amendment and implementing zoning
by-law for 5928 and 5958 16th Avenue, Files OP 02 111644, ZA 02 111669, submitted by Graywood Developments Ltd., to permit a
retirement home, be received;
And
That the application to amend the Official Plan (revised 1987) to provide for a
retirement home, be approved and the draft amendment attached as Appendix ‘A’
to the staff report dated January 21, 2003, entitled "Graywood
Developments Ltd.", be adopted by Council;
And
That the application to amend the zoning by-law to permit a retirement home, be
approved and the implementing by-law, set out in Appendix “B” to the staff
report dated January 21, 2003, be enacted;
And
Further That the application for site plan approval of a retirement home, be
approved, subject to the following conditions:
1. That
the Owner enter into a site plan agreement with the Town;
2. That prior to
execution of the site plan agreement, the Owner shall submit final drawings,
and comply with all requirements of the Town and authorized public agencies, to
the satisfaction of the Commissioner of Development Services including but not
limited to the following: building
evaluations and a restoration plan for the two heritage houses;
3. Prior to the execution of a site
plan agreement, the Owner agrees to the designation of the two houses under the
Ontario Heritage Act and agrees to enter into Heritage Conservation Easement
agreements to ensure the continued protection of the heritage buildings;
4. That the site plan agreement
include provisions for the payment by the Owner of all applicable fees,
recoveries, development charges and parkland dedications;
5. That site plan approval shall
lapse after a period of three years commencing January 21, 2003, in the event
that the Owner does not enter into a site plan agreement with the Town during
that period;
6.
That the Owner provide
for internal refuse storage areas to the satisfaction of the Director of
Environmental Services;
7.
That prior to final site
plan approval, the Owner submit a tree inventory and preservation plan, to the
satisfaction of the Commissioner of Development Services.
8.
That the Owner make
arrangements with Markham Museum for the opportunity to establish volunteer
partnership for programs within the Museum and access to the Museum from the
retirement home.
(By-laws 2003-22 to 2003-24)
(6) ABIDIEN INC., SOUTH UNIONVILLE
REQUEST FOR STREET NAMES
(10.14)
That the staff memorandum dated January 20,
2003, regarding the Abidien Inc. request for street name approval, be received;
And that the matter of the street name
proposed by Abidien Inc. for a plan of subdivision on the north side of Helen
Avenue in South Unionville (19TM-98005) be approved as:
"DODDS GATE"
(7) EASTERN MARKHAM
STRATEGIC REVIEW COMMITTEE
TERMS OF REFERENCE AND BUDGET (10.8)
Report attached; Terms
of Reference
That
the staff report entitled “Eastern Markham Strategic Review Committee – Terms
of Reference and Budget”, dated January 21, 2003, be received;
And
that the Terms of Reference for the eastern Markham Strategic Review Committee,
attached to the report as Appendix A, be approved as amended;
And
that the budget for consultants for the East Markham Strategic Review be
approved to a maximum of $70,000, inclusive of GST;
And
that an additional $26,000, inclusive of employee benefits, be approved for
contract staff in the Policy Group to assist with the additional workload
created to manage this project;
And
that staff be authorized to assign the approved funds to appropriate accounts;
And
that the Commissioner of Development Services be authorized to select and
retain consultants to assist in the Review, in accordance with the provisions
of the Purchasing By-law, without further approval of Council, up to the
approved maximum total budget of $70,000 inclusive of GST;
And
further that the Commissioner of Development Services or his/her designate be
authorized to execute standard consulting contracts or memoranda for the
consultants, as required.
(8) OTHER COMMITTEE PROCEEDINGS
- MINUTES OF
DEVELOPMENT SERVICES
COMMITTEE MEETING – JANUARY
21, 2003 (16.0)
CARRIED
(Councillor J. Heath abstained -
Item No. 11
- Incoming Planning Applications)
7. COMMUNICATIONS
Council
consented to add Communications 83-2003 to 85-2003.
Moved by
Councillor A. Chiu
Seconded by
Councillor J. Heath
That Council
receive and consent to the disposition of communications in the following
manner:
Received
80-2003 Association of
Municipalities of Ontario - Forwarding a resolution of the Municipality of West
Elgin regarding requesting the Province of Ontario to stop all rural school
closings and recommit to adequate funding of education and establish a process
where broader social costs are considered and quantified before decisions are
made to close rural schools. (13.2)
Referred to all Members of Council
81-2003 Proclamation -
Philippine Week - June 8 to 15, 2003 and inviting all Members of Council to a
flag raising ceremony at Markham Town Centre on June 8, 2003 at 10:00 a.m. (3.4)
82-2003 Proclamation -
Repetitive Strain Injury (RSI) Awareness Day - February 28, 2003. (3.4)
83-2003 Email
correspondence and letter dated January 26, 2003 from Mr. John O'Gorman with
respect to Quintil Group Inc. application (10.3, 10.5, 10.7)
84-2003 Email
correspondence and letter dated January 28, 2003 from Mr. Glenn Baron with
respect to Quintil Group Inc. application (10.3, 10.5, 10.7)
85-2003 Email
correspondence and letter dated January 24, 2003 from Mr. Glenn Baron in
objection to the closing of section of Deviation Road. (5.17, 8.1, 8.7)
CARRIED
8. OTHER BUSINESS
(1) STOPPING UP AND CLOSING
A PORTION OF DEVIATION ROAD
MORE PARTICULARLY DESCRIBED AS PART OF LOT 10,
CONCESSION 6, DESIGNATED AS PARTS 1, 2, 3
AND 4 ON PLAN OF SURVEY 65R-25471 (5.17, 8.1 & 8.7)
Council
inquired whether any persons were in attendance to either support or object to
the stopping up and closing of this portion of road.
Mr. Glenn
Baron, 251 Helen Avenue, Markham, was in attendance in objection and raised
concerns with respect to flooding in the Deviation Road area, and also the
road's connection with the Quintil Group Inc. application.
Moved by
Councillor J. Virgilio
Seconded by
Councillor K. Usman
WHEREAS a notice to stop up and close a portion of Deviation Road, more
particularly described as Part of Lot 10, Concession 6, designated as Parts 1,
2, 3 and 4 on Plan of Survey 65R-25471 has been posted on the Town's web site
and published in the local newspaper;
AND WHEREAS no persons have objected thereto this date;
THEREFORE BE IT RESOLVED that a by-law to stop up and close a portion
of Deviation Road, more particularly described as Part of Lot 10, Concession 6,
designated as Parts 1, 2, 3 and 4 on Plan of Survey 65R-25471, Town of Markham,
Regional Municipality of York be considered by Council later in the meeting.
AND FURTHER THAT the subdivision agreement contain a condition that the
developer must disclose the land use in all agreements of purchase and sale.
(Clause 18, Report No. 2, 2003)
CARRIED
(See following recorded vote)
(11:1)
YEAS: Deputy
Mayor F. Scarpitti, Regional Councillor T. Wong, Regional Councillor B.
O'Donnell, Councillor S. Daurio, Councillor J. Virgilio, Councillor G.
McKelvey, Councillor J. Heath, Councillor D. Horchik, Councillor K, Usman,
Councillor A. Chiu, Mayor D. Cousens. (11)
NAYS: Councillor
E. Shapero (1)
ABSENT: Regional
Councillor G. Landon (1)
9. BY-LAWS
Council
consented to separate By-laws 2003-17 and 2003-28.
Moved by
Councillor A. Chiu
Seconded by
Councillor J. Heath
That By-laws
2003-16 to 2003-38 be given three readings and enacted.
Three Readings
BY-LAW 2003-16 A by-law to authorize the execution of the partial release of a
Development Agreement between the Town and Capitanata Investments Limited, Booklet
Investments Limited, Krasic Investments Limited and Arquato Investments Limited
over lands legally described as Part of Lot 9, Concession 3, designated as Part
1, Plan 65R-25052.
(Clause 2, Report No. 8, 2003)
BY-LAW 2003-17 A by-law to establish the Markham Village Train Station, 214
Main Street Markham North as a Community Centre.
(Clause 7, Report No. 8, 2003)
CARRIED
(See motion which was lost)
Moved by Councillor J. Heath
Seconded by Councillor E. Shapero
That By-law 2003-17, a by-law to establish
the Markham Village Train Station, be amended to indicate that the building be
named: the "Markham Village Train Station Community Centre".
LOST
BY-LAW 2003-18 A by-law to amend Zoning By-law 304-87, as amended (Karvon
Homes Limited, 6210, 6220 & 6230 16th Avenue, Lots 3, 4 & 5, Plan 4299
(Greenborough Community) - To delete lands from the designated area of By-law
304-87, as amended and add them to the designated area of By-law 177-96, as
amended to permit the development of a draft plan of subdivision.)
(Clause 1, Report No. 9, 2003)
BY-LAW 2003-19 A by-law to amend Zoning By-law 177-96, as amended (Karvon
Homes Limited, 6210, 6220 & 6230 16th Avenue, Lots 3, 4 & 5, Plan 4299
(Greenborough Community) - To permit the development of a draft plan of subdivision.)
(Clause 1, Report No. 9, 2003)
BY-LAW 2003-20 A by-law to adopt Official Plan Amendment No. 99 (Quintil Group
Inc., 19 & 23 Deviation Road - To permit 24 semi-detached residential
dwelling units.)
(Clause 3, Report No. 9, 2003)
BY-LAW 2003-21 A by-law to amend Zoning By-law 122-72, as amended (Quintil
Group Inc., 19 & 23 Deviation Road - To permit 24 semi-detached residential
dwelling units.)
(Clause 3, Report No. 9, 2003)
BY-LAW 2003-22 A by-law to adopt Official Plan Amendment No. 100 (Graywood
Developments Ltd., 5928 & 5958 16th Avenue - To permit a retirement home.)
(Clause 5, Report No. 9, 2003)
BY-LAW 2003-23 A by-law to amend Zoning By-law 304-87, as amended (Graywood Developments Ltd., 5928 & 5958
16th Avenue - To delete the lands from By-law 304-87, as amended, so that it
may be incorporated into By-law 1229, as amended to permit a retirement home.)
(Clause 5, Report No. 9, 2003)
BY-LAW 2003-24 A by-law to amend Zoning By-law 1229, as amended (Graywood Developments Ltd., 5928 & 5958
16th Avenue - To permit a retirement home.)
(Clause 5, Report No. 9, 2003)
BY-LAW 2003-25 A by-law to authorize the payment of rebates to persons who
make contributions to candidates for an office on the Town of Markham municipal
council in the 2003 Municipal Election.
(Committee of the Whole Motion (2) - January 14, 2003)
BY-LAW 2003-26 A by-law to stop up and close a portion of Deviation Road,
more particularly described as Part of Lot 10, Concession 6, designated as
Parts 1, 2, 3 and 4 on Plan of Survey 65R-25471.
(Clause 18, Report No. 2, 2003)
BY-LAW 2003-27 A by-law to amend Urban Expansion Area Zoning By-law 177-96, as
amended (Larkin-Monarch Partnerships Phase 3B - Berczy Village, Plan 19T-95009,
Part of Lot 17, Concession 6 - To remove Holding Provision (H).)
BY-LAW 2003-28 A by-law to amend Urban Expansion Area Zoning By-law 177-96, as
amended (Kindwin Markham Limited (Berczy Village), Plan 19TM-97003, Part of Lot
18, Concession 6 - To remove Holding Provision (H).)
CARRIED
Councillor J. Virgilio abstained
BY-LAW 2003-29 A by-law to designate a certain property as being historic
and/or architectural value or interest (The Robert Milroy House, 7111 Steeles
Avenue)
(Clause 8, Report No. 3, 2002)
BY-LAW 2003-30 A by-law to designate a certain property as being historic
and/or architectural value or interest (The Joseph Lapp House. 7181 Reesor
Road)
(Clause 8, Report No. 3, 2002)
BY-LAW 2003-31 A by-law to designate a certain property as being historic
and/or architectural value or interest (The David Lapp House. 7297 Reesor Road)
(Clause 8, Report No. 3, 2002)
BY-LAW 2003-32 A by-law to designate a certain property as being historic
and/or architectural value or interest (Robert Milroy Jr. House, 7960 Steeles
Avenue)
(Clause 8, Report No. 3, 2002)
BY-LAW 2003-33 A by-law to amend By-law 2001-173, being a by-law to designate
the Wismer Lunau House as being historic and/or architectural value or interest
(To replace Schedule "A")
BY-LAW 2003-34 A by-law to amend By-law 2002-276, being a by-law to impose
fees or charges for services or activities provided or done by the Town of
Markham (to add Banner Sign and Special Sign District (Heritage)).
BY-LAW 2003-35 A by-law to appoint Licensing Officers (Darlene Barker, Lori L.
Diamond and Mary Kourvisianos) (Repeals By-law 45-2000)
BY-LAW 2003-36 A by-law to amend By-law 2002-178, being a by-law to appoint
Municipal Law Enforcement Officers (to revise Schedule "A")
BY-LAW 2003-37 A by-law to authorize the execution of a Lease Agreement between
the Town of Markham and Markham Hydro Distribution Inc. for lands municipally
known as 8100 Warden Avenue, Markham.
(Committee of the Whole Motion - January 28, 2003)
BY-LAW 2003-38 A by-law to confirm the proceedings of the Council meeting of
January 28, 2003.
CARRIED
10. ADJOURNMENT
Moved by
Councillor A. Chiu
Seconded by
Councillor G. McKelvey
That the
meeting do adjourn.
CARRIED
Council
adjourned at 8:10 p.m.
______________________________ _____________________________
SHEILA
BIRRELL, TOWN CLERK DON
COUSENS, MAYOR
(Signed)