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                                                                                                              2002-01-29 -7:00 p.m.

COUNCIL MINUTES  Council Chamber, Civic Centre

Meeting No. 2

 

(York Room)

COMMITTEE OF THE WHOLE

 

ROLL CALL

Mayor D. Cousens, Deputy Mayor F. Scarpitti, Regional Councillor G. Landon (5:30 p.m.), Regional Councillor T. Wong, Regional Councillor B. O'Donnell, Councillor S. Daurio, Councillor E. Shapero (5:20 p.m.), Councillor J. Virgilio, Councillor G. McKelvey (5:40 p.m.), Councillor J. Heath, Councillor D. Horchik, Councillor A. Chiu. (12)

 

Moved by Regional Councillor B. O’Donnell

Seconded by Councillor J. Heath

 

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

 

(1)        Disposition of Property – McKay House, 197 Main St., Unionville (8.7)

(2)        Unionville Lions Club Proposal at the Unionville Library Lands (3.0 & 3.19)

(3)        Personnel Matter (11.0)

(4)        Proposed Property Acquisition, 60 Esna Park Drive - Helter Investments Ltd. (8.6)

(5)        Potential Property Acquisition – Carlton Street (8.6)

(6)        2002 Advisory Committee/Board Appointments (16.24)

(7)        AMALCO II – Update (13.7)

 

CARRIED

 

 

The Regular Meeting of Council was held on January 29, 2002 at 7:15 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 (7:20 p.m.), Councillor J. Virgilio, Councillor G. McKelvey, Councillor J. Heath, Councillor D. Horchik, Councillor A. Chiu. (12)

 


 

STAFF

J. Livey, Chief Administrative Officer

R. Robinson, Town Solicitor

J. Sales, Commissioner of Community Services

A. Taylor, Commissioner of Corporate Services

M.F. Turner, Commissioner of Development Services

B. Nanninga, Executive Assistant

B. Cribbett, Treasurer

S. Birrell, Town Clerk

P. Miller, Acting Manager, Secretariat Services

S. Bertoia, Director of Environmental Services & Administration

 

 

1.         DISCLOSURE OF PECUNIARY INTEREST

 

Councillor J. Virgilio disclosed an interest with respect to the Correspondence number 64-2002, the communications the Village of Unionville Property Owners Association in opposition to the proposed licensed premise at 175 Main Street Unionville, by nature of the fact that he represents the owner 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 Regional Councillor T. Wong

 

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)        DISPOSITION OF PROPERTY
MCKAY HOUSE, 197 MAIN STREET, UNIONVILLE (8.7)

 

That the presentations by Messrs. Don Hindson, Stewart Coxford, and Howard Back and Ms. Beverly Schaeffer of the Varley-McKay Art Foundation of Markham regarding the McKay House, 197 Main Street, Unionville, be received;

 

And that this matter be referred to staff of the Community Services Commission for a report to the February 4, 2002 Finance and Administrative Committee meeting recommending how concerns could be addressed, including the possible establishment of a committee together with a timeframe for completion.

 

CARRIED


 

(2)        PROPOSED PROPERTY ACQUISITION
60 ESNA PARK DRIVE
HELTER INVESTMENTS LTD. (8.6)

 

That the verbal update of the Commissioner of Development Services and the letter dated January 28, 2002 from Royal LePage Commercial Inc. regarding amendments to a proposed Heads of Agreement in connection with a potential property acquisition at 60 Esna park Drive be received;

 

And that the Mayor and Clerk be authorized to execute a Management Agreement to acquire the property located at 60 Esna Park Drive with Helter Investments based on the Heads of Agreement, as amended by those items contained in the January 28, 2002 letter from Royal LePage Commercial Inc. in a form satisfactory to the Town’s outside legal counsel, Town Solicitor and the Chief Administrative Officer;

 

And that a non-refundable deposit for the acquisition of the property in the amount of $270,000 be paid to Helter Investments and that this deposit be funded from the 2002 Capital Budget;

 

And that staff report back to Finance & Administrative Committee in March on the status of the final acquisition of the property.

 

CARRIED

 

 

(3)        POTENTIAL PROPERTY ACQUISITION
            CARLTON ROAD (8.6)

 

That the report from the Commissioner of Development Services and the presentation by Mr. David Clark, Town Architect, regarding a potential Carlton Road property acquisition, be received;

 

And that staff of the Development Services Commission bring forward a more definitive report on a prospective conditional offer, on the number of potential parking spaces to be realized, on a town-wide strategic land acquisition study, providing additional details on the future of the Unionville Curling Club, and on the possibility of a parking structure at Station Lane.

 

CARRIED

 

 

(4)        PERSONNEL ISSUE (11.0)

That the verbal update from the Director of Human Resources regarding an ongoing personnel issue be received.

 


 

(5)        2002 ADVISORY COMMITTEE/BOARD
            APPOINTMENTS (16.24)

 

That the following be confirmed:

 

BOX GROVE COMMUNITY CENTRE BOARD

That the following appointments to the Box Grove Community Centre Board be confirmed:

Rina Abbott                                                                  December 31, 2002

Barb Beauchamp                                                          December 31, 2002

Stan Buell                                                                     December 31, 2002

Lorraine Crivaro                                                           December 31, 2002

Tom Farrar                                                                   December 31, 2002

Karen Feddersen                                                          December 31, 2002

Bodo Maslabey                                                            December 31, 2002

Dan McCombe                                                            December 31, 2002

Frank Orovits                                                               December 31, 2002

Jeanne Taylor                                                               December 31, 2002

Peter Taylor                                                                 December 31, 2002

Bob Watt                                                                     December 31, 2002

 

CANADA DAY COMMITTEE

That the positions of the following on the Canada Day Committee be declared vacant as they have declined their appointments:

Kwan Ho Leung

Tyler Murphy;

 

And that an advertisement be placed in the newspapers to obtain applications from interested individuals.

 

CHILDREN’S CHRISTMAS PARTY 2001 COMMITTEE

That the Children’s Christmas Party 2001 Committee be disbanded

 

COMMITTEE OF ADJUSTMENT

That the resignation of Mr. Steven O’Melia from the Committee of Adjustment be received with regret.

 

GERMAN MILLS COMMUNITY CENTRE BOARD

That the following appointments to the German Mills Community Centre Board be confirmed:

Myra Bechtel                                                                December 31, 2002

Kathy Branny                                                               December 31, 2002

Eileen Carter                                                                December 31, 2002

Erin Cattral                                                                   December 31, 2002

Helen Duffy                                                                  December 31, 2002

Stan Solomon                                                               December 31, 2002


 

HEINTZMAN HOUSE COMMUNITY CENTRE BOARD

That the following appointments to the Heintzman House Community Centre Board be confirmed:

Ken Davis                                                                    December 31, 2002

Bob Elrick                                                                    December 31, 2002

Paul Glionna                                                                 December 31, 2002

Robert Hansford                                                           December 31, 2002

Ed Hankins                                                                   December 31, 2002

Don Henderson                                                            December 31, 2002

Sam Masson                                                                December 31, 2002

Richard Parry                                                               December 31, 2002

Percy Surti                                                                   December 31, 2002

 

And that the Terms of Reference for the Heintzman House Community Centre Board be amended to increase public membership from 8 to 9 persons.

 

HERITAGE MARKHAM

That the following be appointed to Heritage Markham:

Judy Dawson-Ryan                                                      November 30, 2004

Kelly Smith                                                                   November 30, 2004

Sean Stanwick                                                              November 30, 2004

 

MAIN STREET MARKHAM COMMITTEE

That Mr. Paul Mingay’s position on the Main Street Markham Committee be declared vacant due to his recent demise.

 

MARKHAM CONSERVATION COMMITTEE

That the following be appointed to the Markham Conservation Committee:

Maria Flores                                                                 November 30, 2004

Richard Jarrell                                                              November 30, 2004

Joan Maddock                                                             November 30, 2004

Judith Murray                                                               November 30, 2004

 

MARKHAM DISTRICT HISTORICAL MUSEUM BOARD

That the following be appointed to the Markham District Historical Museum Board:

Elizabeth Hooey                                                           November 30, 2003

Ian Hopkins                                                                  November 30, 2003;

 

MARKHAM RACE RELATIONS COMMITTEE

That the following be appointed to the Markham Race Relations Committee:

Ray Lum                                                                      November 30, 2003

Huma Pabani                                                                November 30, 2003


 

And that, in recognition of the resignation of Mr. Sellathurai Sivaguru, the following be appointed to the Markham Race Relations Committee:

Beena Tandon                                                              November 30, 2003

 

And further that the resignation of Mr. Sellathurai Sivaguru from the Markham Race Relations Committee be received with regret.

 

MARKHAM THEATRE BOARD

That the position of the following on the Markham Theatre Board be declared vacant due to attendance:

Harjeet Kaur

 

And that the Town Clerk forward a copy of the Terms of Reference for the Markham Theatre Board to Regional Councillor T. Wong;

 

And that the matter of appointments to the Markham Theatre Board be deferred for consideration at a future date.

 

MARKHAM TRAIN STATION COMMITTEE

That the Markham Train Station Committee be disbanded.

 

MARKHAM VILLAGE BIA

That Mr. Paul Mingay’s position on the Markham Village BIA be declared vacant due to his recent demise.

 

OLYMPIC 2008 COMMITTEE

That the Olympic 2008 Committee be disbanded.

 

PICKERING ADVISORY COMMITTEE

That the following be appointed as the citizen representative on the Pickering Advisory Committee:

Garry Knott.

 

VICTORIA SQUARE COMMUNITY CENTRE BOARD

That the following appointments to the Victoria Square Community Centre Board be confirmed:

James Barker                                                               December 31, 2002

Ruth Brock                                                                   December 31, 2002

Gord Crombdon                                                           December 31, 2002

Edith Friedel                                                                 December 31, 2002

Jean McCron                                                               December 31, 2002

Joy Mortson                                                                 December 31, 2002

 


 

(6)        UNIONVILLE LIONS CLUB PROPOSAL AT THE
UNIONVILLE LIBRARY LANDS (3.0 & 3.19)

 

That the deputations by Mr. Del Maize, President, and Mr. William Dewberry, Special Projects Chairman, both of the Unionville Lions Club be received;

 

And that consideration of the Unionville Lions Club proposal for the Unionville Library lands be referred directly to Council for consideration this January 29, 2002.

 

CARRIED

 

 

(7)        AMALCO II – UPDATE (13.7)

 

That the verbal report from Mayor Cousens regarding AMALCO II, be received.

 

CARRIED

 

 

Moved by Regional Councillor G. Landon

Seconded by Regional Councillor T. Wong

 

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

 

CARRIED

 

 

 

3.         MINUTES

 

(1)        COUNCIL MEETING
            - JANUARY 15, 2002

 

Moved by Councillor A. Chiu

Seconded by Regional Councillor G. Landon

 

That the Minutes of the Council Meeting held on January 15, 2002, be adopted.

 

CARRIED

 

 


 

4.         DELEGATIONS

 

(1)        Mr. Doug Worsley, 6C Station Lane, on behalf of the Unionville Villagers Association, in objection to the Unionville Lions Club proposal for the park on the Unionville Library lands. (3.0 & 3.19)

 

(2)        Mr. Stu Jacobs, 100 Anna Russell Way #207, in objection to the Unionville Lions Club proposal for the park on the Unionville Library lands. (3.0 & 3.19)

 

(3)        Ms. Jeanne Ker-Hornell, 33 Eureka Street, in objection to the Unionville Lions Club proposal for the park on the Unionville Library lands. (3.0 & 3.19)

 

(4)        Several representatives of the taxi and limousine industry regarding the proposed taxi and limousine licensing by-law. (2.23)

 

 

 

5.         PRESENTATIONS

 

(1)        UNIONVILLE LIONS CLUB PROPOSAL AT THE
UNIONVILLE LIBRARY LANDS (3.0 & 3.19)

 

This matter was considered at the January 29, 2002 Committee of the Whole meeting and referred directly to Council this date for further consideration.

 

Council consented to a division on the question.

 

Moved by Regional Councillor F. Scarpitti

Seconded by Regional Councillor G. Landon

 

That correspondence be received from:

1.     Karen Chadwick of the Unionville BIA Membership, dated November 27, 2001, with concerns regarding the arch;

2.     Richard Talbot, President of the Village of Unionville Property Owners Association, dated January 25, 2002, in opposition to the arch and renaming of the park;

3.     Doug Worsley, Vice President of the Unionville Villagers Association, dated January 24, in opposition to the proposal.   

 

And that the staff report dated January 28, 2002 entitled "Unionville Lions Club Proposal at the Unionville Library Lands", be received;

 

And that the proposed Unionville Lions Club Arch not be permitted within the south-west quadrant of the Unionville Library lands;


 

And that the Unionville Library lands not be named for the Unionville Lions Club;

 

And that the Unionville Lions Club be advised to continue to work with Town staff and the community to investigate alternative locations for their proposal, within the remaining 3 quadrants of the Unionville Library lands, or at another park, over the next 6 to 8 weeks.

 

CARRIED

(See following recorded vote)(8:4)

 

            YEAS:       Deputy Mayor F. Scarpitti, Regional Councillor G. Landon, Regional Councillor T. Wong, Regional Councillor O’Donnell, Councillor S. Daurio, Councillor E. Shapero, Councillor G. McKelvey, Councillor J. Heath. (8)

 

            NAYS:       Councillor J. Virgilio Councillor D. Horchik, Councillor A. Chiu, Mayor D. Cousens. (4)

 

            ABSENT:  Councillor K. Usman

 

And further that the Town of Markham does not object to the Lions Club name and logo on the arch subject to approval of the final location and design.

 

CARRIED

(See following motion to amend which was lost)

(See following recorded vote)(8:4)

 

            Moved by Councillor J. Virgilio

            Seconded by Councillor S. Daurio

 

            That the words “..within the remaining 3 quadrants of the Unionville Library lands,..” be deleted from the fifth paragraph.

 

LOST

 

            YEAS:       Deputy Mayor F. Scarpitti, Regional Councillor G. Landon, Regional Councillor T. Wong, Regional Councillor O’Donnell, Councillor S. Daurio, Councillor E. Shapero, Councillor G. McKelvey, Councillor J. Heath. (8)

 

            NAYS:       Councillor J. Virgilio Councillor D. Horchik, Councillor A. Chiu, Mayor D. Cousens. (4)

 

            ABSENT:  Councillor K. Usman

 

 


 

6(a)      REPORT NO. 3 - FINANCE & ADMINISTRATIVE COMMITTEE

 

Council consented to separate Clause (3).

 

Moved by Regional Councillor G. Landon

Seconded by Regional Councillor B. O’Donnell

 

That Report No. 3 - Finance & Administrative Committee be received and adopted.

 

January 21, 2002

 

(1)        GOVERNMENT FINANCE OFFICER'S
            ASSOCIATION AWARD (7.0)

 

That the report dated January 21, 2002 entitled "Government Finance Officer's Association Award" be received;

 

And that the following staff be congratulated for preparing this excellent 2001 Budget Presentation submission:

 

Commissioner of Corporate Services A. Taylor

Treasurer B. Cribbett

Financial Planning - J. Lustig, M. Visser, S. Davies and A. Row

ITS - B. Misra and F. Lee.

 

 

(2)        BINGO LICENCE REVENUES (7.0 & 2.0)

 

That bingo licence fees be reduced for a period of up to 18 months by approximately 2% for the period January to August 2002 and then by 1% for the period September 2002 to May 2003;

 

And that the Bingo Charities' Association submit a business plan satisfactory to the Commissioner of Corporate Services and the Town Clerk, outlining the proposed uses and strategies for the funds prior to the bingo licensing fees being reduced;

 

And that the Clerk's staff regularly review the effect of the reduction on the growth of bingo activity;

 

And that an impact report be completed prior to the 2003 budget submissions;

 

And that the Town reserve the right to increase fees to the maximum allowed by the Province.

 


 

(3)        TAXI AND LIMOUSINE LICENSING (2.23)

 

That By-law No. 2001-40, "A By-Law for Licensing, Regulating and Governing Owners and Drivers of Taxicabs and Taxicab Brokers" be amended;

 

And that By-Law No. 206-98, "A By-law to License and Regulate Owners and Drivers of Limousines" be amended;

 

And that a new class of "Premiere" taxi plates be implemented and twenty plates be issued immediately;

 

And that a cap of fifty limousine plates be implemented immediately;

 

And that stricter enforcement, training and customer service level improvements be approved subject to the 2002 budget process and Core Services Implementation recommendations with respect to redeployment and/or recruitment of additional resources;

 

And that staff report back in 18 months.

(By-laws 2002-14 & 2002-15)

DEFERRED

(See following motion to defer)

 

Moved by Regional Councillor F. Scarpitti

Seconded by Regional Councillor B. O’Donnell

 

That Clause 3 of Report No. 3 be deferred for a further Public meeting to be held as soon as possible to obtain input on possible options;

 

And further that this matter be brought before Council for consideration at its meeting on March 26, 2002.

 

CARRIED

 

 

(4)        SUPPLY AND INSTALLATION OF
            FOUR (4) HEAVY DUTY LIFTS - TENDER 215-T-01 (7.12 & 7.15)

 

That Council award Tender 215-T-01 for the Supply and Installation of Four (4) Heavy Duty Lifts to Wayward Tools Mohawk Canada in their bid amount of $47,490.40 inclusive of all delivery and taxes ($45,838.56 inclusive of 8% PST & 3% GST) as being the best value for the Town of Markham;

 

And that the balance of funds in the Capital Project account 056-6150-2624-005 be returned to its original funding source.

 


 

(5)        ESTABLISHMENT OF COUNCIL AUDIT COMMITTEE (7.2)

 

That Council establish an Audit Committee comprised of the members of the Finance & Administrative Committee to carry out the objectives and functions as outlined in the report;

 

And that the first meeting of the Audit Committee be scheduled as part of the Finance & Administrative Committee meeting on February 4, 2002.

 

 

(6)        YORK REGION ONTARIO SENIOR GAMES
            ORGANIZING COMMITTEE (6.0 & 7.0)

 

That representation to the York Region Ontario Seniors Games Organizing committee be incorporated within the Recreation Services, Seniors Coordinator responsibilities;

 

And that the Town of Markham contributes $500 annually to support the York Region Ontario Seniors Games.

 

 

(7)        THE YORK REGION SCHOOL BOARD,
            YORK REGIONAL POLICE AND
            TOWN OF MARKHAM TASK FORCE (13.6 & 13.4.10)

 

That a liaison committee be set up to include three members of Council and appropriate staff from the Town of Markham, York Region District School Board, York Catholic District School Board, York Regional Police and residents to discuss issues of concern relating to the schools and students in Markham;

 

And that, the liaison committee meet on a quarterly basis to share information and discuss issues of concern;

 

And that, as an initial task of the Committee, the schools that are experiencing the most problems with traffic/transportation issues, student safety and community issues be identified and a workplan for resolution of those issues be developed;

 

And that, the York Region Board of Education be invited to present their Capital Strategy which includes the Board's Capital Project List to the Town of Markham's Council on an annual basis, starting February, 2002;

 

And that the following members of Council be appointed to the liaison committee:

 

Councillor A. Chiu - Milliken area

Regional Councillor T. Wong - Unionville/Markham area

Councillor E. Shapero - Thornhill area.

 


 

(8)        APPOINTMENTS TO PICKERING AIRPORT COMMITTEE (5.15.2)

 

That Mayor D. Cousens be appointed as the Town of Markham's representative on the Pickering Advisory Committee (PAC) with Councillor J. Heath as alternate;

 

And that Mayor D. Cousens and Councillor J. Health bring forward to Committee of the Whole on January 29, 2002, the name of an individual to represent the community interests of Markham.

 

 

(9)        REQUEST FOR SPONSORSHIP FOR
            BOWL FOR KIDS SAKE 2002 (7.0)

 

That sponsorship in the amount of $500 at the Markham event - Bowl for Kids Sake 2002, Big Brothers of York, on Saturday, February 23, 2002 be approved.

 

 

(10)      PROPOSED PROPERTY ACQUISITION
            60 ESNA PARK DRIVE
            HELTER INVESTMENTS LTD. (8.6)

 

That the Heads of Agreement between the Town and Helter Investments for the acquisition of the property located at 60 Esna Park Drive be endorsed;

 

And that the Mayor and Clerk be authorized to execute an agreement to acquire the property located at 60 Esna Park Drive with Helter Investments based on the Heads of Agreement in a form satisfactory to the Town's outside legal counsel, Town Solicitor and the Chief Administrative Officer;

 

And that a non-refundable deposit for the acquisition of the property in the amount of $270,000 be paid to Helter Investments and that this deposit be funded from the 2002 Capital Budget;

 

And that staff report back to Finance & Administrative Committee in March on the status of the final acquisition of the property.

 

 

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

 

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

 

CARRIED

 

 


 

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

 

Council consented to separate Clause (6)

 

Moved by Councillor G. McKelvey

Seconded by Councillor S. Daurio

 

That Report No. 4 - Development Services Committee be received and adopted.

 

January 22, 2002

 

(1)        EDCO ANNUAL CONFERENCE, FEBRUARY 5-7, 2002
            TORONTO MARRIOTT EATON CENTRE HOTEL (10.16)

 

That the report dated January 22, 2002, entitled "EDCO Annual Conference", regarding a conference to be held at the Toronto Marriott Eaton Center Hotel, February 5-7, 2002, be received;

 

And that Council approve the purchase of a table at the President's Dinner on February 6, 2002 at a total cost of $ 960.30 to be funded from Economic Development's Meeting and Conference Account 610-9905200.

 

 

(2)        MERANO DEVELOPMENTS INC.
            DRAFT APPROVED PLAN OF SUBDIVISION 19TM-98015
            REQUEST FOR STREET NAME APPROVAL (SUB 98 221273) (10.14)

 

That the following street names be approved for use in plan of subdivision 19TM-98015 (Merano Developments Inc.):

 

Balmano Road

Bloomsbury Road

Cornerstone Road

Miramar Drive

Northside Road

Osmond Appleton Road (veteran’s name)

Park Place Drive

Royal Crown Road

Sunburst Crescent

Swan Park Road (extension of existing road)

William Grant Road (Region of York police officer – died in the line of duty)

Williamson Road (extension of existing road)

 

And that the street name signs for Osmond Appleton Road include a poppy to identify it as a veteran’s name (Appendix ‘A’ to the staff report dated January 22, 2002);


 

And further that staff be requested to investigate the possibility of placing an appropriate symbol or logo on the street name sign for William Grant Road relating to the York Regional Police or Emergency Services, and report back to Council.

 

 

(3)        THE PETER G. MUSTARD HOUSE, 9615 NINTH LINE
            ELIGIBILITY OF HOUSE FOR RELOCATION TO MARKHAM
            HERITAGE ESTATES (16.11.3)

 

That Council declares the dwelling known as the "Peter G. Mustard House", located at 9615 Ninth Line to be eligible for relocation to Markham Heritage Estates;

 

And that the owner be required to advertise the availability of the building to those individuals who have expressed an interest in the Markham Heritage Estates concept.

 

 

(4)        1456217 ONTARIO INC., LIBERTY TOWER II
NORTH EAST CORNER OF TIMES AVENUE AND GALLERIA
PARKWAY, BLOCK 39, REG. PLAN 65M-3226,
APPLICATIONS FOR ZONING BY-LAW AMENDMENT AND
SITE PLAN APPROVAL FOR 5 STOREY LONG-TERM STAY HOTEL
(ZA 01 111852, SC 01 111938) (10.5, 10.6)

 

That the record of the Public Meeting held on November 6, 2001 relating to the application by 1456217 Ontario Inc. for Zoning By-law Amendment to permit a five storey long term stay hotel on Block 39 Registered Plan 65M-3226 in the Times Leitchcroft area (ZA 01 111852) be received;

 

That the Zoning By-law Amendment to permit the proposed development, as set out in Appendix A, attached to Development Services Report dated January 22, 2002, be approved;

 

And that application SC 01 111938, submitted by 1456217 Ontario Inc. for site plan approval, be approved subject to the following conditions:

 

1.         That the Owner enter into a Site Plan Agreement with the Town;

 

2.         That site plan approval shall lapse after a period of three years commencing January 22, 2002;

 

3.         That the site plan comply with the requirements of By-law 177-96, as amended;

 

4.         That the site plan agreement provide for payment by the Owner of all applicable fees, parkland dedication, recoveries and development charges;

 

5.         That the site plan agreement contain provisions for satisfying Town Departments including all requirements of the Director of Engineering, the Fire Department, Waste Management and Roads;


 

6.         That prior to final approval of the site plan:

 

            a)         the owner submit a detailed plan indicating proposed methods for screening the transformer pad, to the satisfaction of the Design Group;

 

b)         the owner submit a detailed plan, to the satisfaction of the Engineering Department, showing limits of the construction hoarding and any proposed relocation of any existing services which may be required to facilitate the construction of the underground parking garage;

 

7.         That prior to the execution of the site plan agreement:

 

a)         any required amendments to By-law 177-96 shall be in full force and effect;

 

b)         all noise issues shall be resolved to the satisfaction of the Director of Engineering;

           

            c)         the Owner shall submit a Landscape Plan, prepared by a Landscape Architect having O.A.L.A membership, to the satisfaction and approval of the Commissioner of Development Services;

 

8.         And that prior to issuance of a building permit, the Owner provide the Town with:

 

            a)         certification from an Ontario Land Surveyor that the height of the building is in compliance with the Transport Canada Buttonville Airport Zoning Regulations;

 

            b)         site servicing and grading drawings, prepared and stamped by a Professional Engineer with a Certificate of Authorization from the P.E.O. for Municipal Engineering applications, for approval by the Engineering Department.

(By-law 2002-16)

 

 

(5)        SIXTEENTH WARDEN LIMITED - CACHET ENCLAVE
            WEST OF WARDEN AVENUE, SOUTH OF BERNADOTTE AND WILLOW
            CREEK DRIVES, CONDITIONS OF DRAFT APPROVAL
            (SU.00-240519, ZA.00-240428) (10.5, 10.7)

 

That the conditions of draft approval attached as Appendix ‘B’, attached to Development Services Report dated January 22, 2002, and the following clauses, form the basis for any approval by the Ontario Municipal Board of the Cachet Enclave plan of subdivision (19T – 79025) at the OMB Hearing on the file, scheduled to commence on January 28, 2002;

 

And that the draft plan of subdivision be revised to reflect the principles outlined in the notes by Mr. Jim Kirk on behalf of the Devil’s Elbow Ratepayers Association (Appendix ‘A’ attached to Development Services Report dated January 22, 2002), as endorsed by Council on December 11, 2001;


 

And that the Owner pay the required subdivision processing fees in accordance with the Tariff of Fees By-law;

 

And that water supply allocation be granted to the subject property, subject to any requirements resulting from the Functional Servicing report being incorporated into the draft plan and provided for in the subdivision agreement to the satisfaction of the Director of Engineering;

 

And that sanitary sewage allocation be granted to the subject property, subject to any requirements resulting from the Functional Servicing report being incorporated into the draft plan and provided for in the subdivision agreement to the satisfaction of the Director of Engineering;

 

And that the Town reserves the right to revoke or reallocate such water allocation should construction not proceed in a timely manner;

 

And that the applicant submit Architectural Control Guidelines, prepared by a qualified professional, for approval by the Commissioner of Development Services;

 

And that following the Ontario Municipal Board hearing staff report back to Council on the merit of initiating an Official Plan Amendment for the subject lands, to incorporate, into the Official Plan, specific density policies corresponding to any approval of the draft plan of subdivision.

 

And that the conditions of Draft Plan Approval be amended to delete condition 1.7 and to replace it with the following: "The following Warning Clause shall be included in a registered portion of the subdivision agreement and in all offers of purchase and sale:

 

      Purchasers are advised that that the subdivision is within 3 kilometers of the Toronto-Buttonville Municipal airport."

 

 


 

(6)        REGION'S REQUEST TO REVISE THE MARKHAM
            BY-PASS CROSS SECTION (5.10, 13.4.3)

 

That an urban cross section of the proposed Markham By-pass on the side of the street abutting the Cornell Community from Hwy 7 to 9th Line, be endorsed subject to the following conditions:

 

      -     The Region be required to update the water quality/stormwater management report for By-pass to the satisfaction of the TRCA and the Town

      -     The Region be required to provide an enhanced level of landscaping within the By-pass boulevard and median abutting the Cornell development to the satisfaction of the Town.

 

CARRIED AS AMENDED

(See following motion to amend)

 

            Moved by Councillor J. Heath

            Seconded by Councillor G. McKelvey

 

            That Clause (6), Report No. 4 – Development Services Committee be amended to include the words “on the side of the street” in the first paragraph after the words “..Markham By-pass..).

CARRIED

 

 

(7)        OTHER COMMITTEE PROCEEDINGS
            - MINUTES OF DEVELOPMENT SERVICES
            COMMITTEE MEETING – JANUARY 22, 2002 (16.0)

 

That the Development Services Committee minutes dated January 22, 2002 be received.

 

CARRIED

 

 

7.         MOTIONS

 

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

 

(1)        DRAGON BALL 2002 FUNDRAISING GALA – FEBRUARY 9, 2002 (12.2.6)

 

Moved by Regional Councillor T. Wong

Seconded by Regional Councillor G. Landon

 

That approval be granted to pay a maximum $2,500 of the $4,200 towards the cost of a table for the 13th Annual Dragon Ball fundraising gala for the Yee Hong Centre for Geriatric Care to be held February 9, 2002 at the Metro Toronto Convention Centre.

CARRIED

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

 


 

(2)        FCM CONFERENCE (16.23)

 

Moved by Councillor A. Chiu

Seconded by Councillor J. Heath

 

That permission be granted to Councillor Chiu to attend the 2002 FCM Conference in Hamilton;

 

And that other Members of Council may attend and the associated costs be charged to their individual budgets.

 

CARRIED

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

 

 

 

8.         COMMUNICATIONS

 

Council consented to add additional information to Communication No. 64-2002 and to add Communication No. 72-2002

 

Moved by Councillor D. Horchik

Seconded by Councillor G. McKelvey

 

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

 

Received

60-2002           Association of Municipalities of Ontario - Advising that the deadline for expressions of interest for transit funding is January 28, 2002. (13.12.2)

 

61-2002           Association of Municipalities of Ontario - Forwarding a resolution of the Northwestern Ontario Municipal Association regarding the development of a business plan for the Northern Medical School in Northern Ontario. (13.12.2 & 13.5.2)

 

62-2002           Ministry of Municipal Affairs & Housing - Forwarding information regarding the Sustainable Water & Sewage Systems Act, 2001. (13.2.5)

 

63-2002           Township of Chatsworth - Forwarding information regarding the current Regulation that have created for new capital costs and testing and reporting requirements on small water systems. (13.2.2)

 

64-2002           Village of Unionville Property Owners Association - Forwarding two communications in opposition to the reduction of parking requirements for the proposed licensed premise at 175 Main Street Unionville. (10.0)
(Councillor J. Virgilio abstained)

 


 

65-2002           110 Inverlochy Boulevard Limited - Forwarding support regarding the permit parking on Inverlochy Boulevard. (2.17)

 

66-2002           Town of Markham – Forwarding to the Ministry of Community and Social Services advice of the Ontario Municipal decision approving the site plan for a Group Home at 48 Jaffray Road. (13.13)

 

72-2002           Ontario Municipal Board – Forwarding their decision to approve the site plan for the Group Home at 48 Jaffray Road and awarding costs against the municipality. (10.5 & 10.6)

 

 

Referred to all Members of Council

67-2002           Proclamation – Philippine Week – June 9 – 16, 2002 and inviting all Members of Council to a flag raising ceremony at Markham Town Centre on June 9, 2002 at 11:00 a.m. (3.4)

 

68-2002           Mr. Chris Robertson, To The Top Canada – Canada Victory Tour! – Forwarding a book and audio tape and a request to organize a multimedia presentation in the Town of Markham on April 14, 2002.  Book and tape is available in the Clerk’s Department. (12.2.6)

 

69-2002           Community Services Committee Minutes - January 14, 2002 (16.0)     

 

 

Referred to Commissioner of Development Services

70-2002           Village of Unionville Property Owners Association - Forwarding concerns regarding the illegal office uses on Main Street Unionville. (10.0)

 

71-2002           Goodmans LLP – Forwarding expert witness statements regarding the Ontario Municipal Board Hearing in connection with Sixteenth Warden Limited. (13.13)

 

CARRIED

 

 


 

9.         BY-LAWS

 

Council consented to withdraw By-law No. 2002-14 and 2002-15.

 

Moved by Councillor A. Chiu

Seconded by Regional Councillor G. Landon

 

That By-laws 2002-16 to 2002-19 be given three readings and enacted.

 

Three Readings

 

BY-LAW 2002-14      A by-law to amend By-law 206-98, being a by-law to Licence and regulate owners and Drivers of limousines.
(Clause 3, Report No. 3, 2002)                                           
WITHDRAWN

 

BY-LAW 2002-15      A by-law to amend By-law 2001-40, being a by-law for licensing, regulating and governing owners and drivers of taxicabs and taxicab brokers.
(Clause 3, Report No. 3, 2002)                                           
WITHDRAWN

 

BY-LAW 2002-16      A by-law to amend Zoning By-law 177-96, as amended (1456217 Ontario Inc. Block 39, Registered Plan 65M-3226 - To permit a long-term stay hotel)
(Clause 4, Report No. 4, 2002)

 

BY-LAW 2002-17      A by-law to authorize the Mayor and Clerk to execute the Agreement of Purchase and Sale together with the necessary closing documentation (Mrs. Elise Floyd and Mr. Stanley Rose, 2 The Meadows Avenue).
(Committee of the Whole Motion (6), 2001)

 

BY-LAW 2002-18      A by-law to designate part of a certain plan of subdivision not subject to Part Lot Control (National Homes, south of Major Mackenzie Drive and west of Highway No. 48)
(Council Meeting No. 2, 2002)

 

BY-LAW 2002-19      A by-law to confirm the proceedings of the Council meeting of January 29, 2002.
(Council Meeting No. 2, 2002)

 

CARRIED

 

 


 

10.       ADJOURNMENT

 

Moved by Councillor A. Chiu

Seconded by Councillor J. Heath

 

That the meeting do adjourn.

CARRIED

Council adjourned at 8:40 p.m.

 

 

 

 

 

_________________________________                  ____________________________________

SHEILA BIRRELL, TOWN CLERK                          DON COUSENS, MAYOR

 

(Signed)

 

 

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