2002-03-26 -7:00 p.m.
COUNCIL MINUTES Council Chamber, Civic Centre
Meeting
No. 7
(Canada
Room)
COMMITTEE
OF THE WHOLE
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)
Moved by
Councillor A. Chiu
Seconded by
Regional Councillor G. Landon
That Council
resolve itself into the Committee of the Whole to discuss the following:
(1) 2002 Operating, Capital and Waterworks
Budget (7.4 & 7.5)
(2) 2002 Local Traffic Improvement Projects
(5.12)
(3) Jessamyn Holdings Ltd. (10.7)
(4) Confidential Property Matter (10.12,
8.0)
CARRIED
The Regular
Meeting of Council was held on March 26, 2002 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 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 (7.10 p.m.),
Councillor A. Chiu. (13)
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
1. DISCLOSURE OF PECUNIARY INTEREST
None
disclosed.
2. REPORT OF THE COMMITTEE OF THE WHOLE
Moved by
Councillor A. Chiu
Seconded by
Regional Councillor B. O’Donnell
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) CONFIDENTIAL
PROPERTY MATTER
30 WALES AVENUE (10.12 &
8.0)
That the Town Solicitor be instructed to
advise the Ontario Municipal Board that the Town is not opposed to the
severance of 30 Wales Avenue, provided the severed parcel is combined with a
portion of 34 Wales Avenue to create a single building lot.
CARRIED
(2) NEIGHBOURHOOD TRANSPORTATION COMMITTEE
2002 LOCAL TRAFFIC IMPROVEMENT
PROJECTS (5.12)
That the tabled communication
dated March 6, 2002 from the Co-Chair of the Boxwood Public School Council
expressing concern for traffic problems in the Boxwood Public School area on
Boxwood Crescent and the need for a crossing guard, be received;
And that the following list of
traffic calming projects for 2002, as selected by the four Neighbourhood
Transportation Committees (N.T.C.), be endorsed:
N.T.C. WARD PHYSICAL LOCATION
IMPROVEMENT
PROJECT
Thornhill 1 Kirk
Drive Its Entirety (Map
A6)
2 Willowbrook
Road Its Entirety (Map B6)
Unionville 3 Fred
Varley Drive Fonthill Blvd. to
Fitzgerald Avenue (Map E5)
6 Village
Gate Drive 16th Avenue to Macrill
Road (Map D4)
Markham 4 Windridge
Drive Hwy. 7 East to Robinson
Street (Map G5)
5 Lower
East Village Main to Elm St./Hwy. 7
to Parkway Ave. (Map H5)
Milliken Mills 7 Coppard
Avenue Elson Street to Highglen
Avenue (Map G7)
8 Aldergrove
Drive Its Entirety (Map F7)
N.T.C. WARD SPEED
EDUCATION AND AWARENESS PROGRAM
Thornhill 2 Simonston
Boulevard (Map C7)
Unionville 3 The
Bridle Trail (Map F5)
Markham 5 Boxwood
Crescent (Map H7)
Milliken Mills 7 Featherstone
Avenue (Map G7)
And that the inclusion of one
additional project – Boxwood Crescent/Havelock Gate in the area of the Boxwood
Public School – in the Physical Improvement Project category, be approved in
principle, subject to a further report from staff providing additional
information;
And further that staff report
back to the Environment and Transportation Committee with the results of the
public consultations and the expected costs of the proposed projects.
CARRIED
(3) 2002 OPERATING, CAPITAL AND
WATERWORKS BUDGETS AND MINUTES
OF BUDGET SUB-COMMITTEE MEETINGS (7.4 & 7.5)
That the 2002 Operating, Capital
and Waterworks budgets be referred directly to the Council meeting this March
26, 2002 for consideration.
CARRIED
(4) REGION OF YORK
TRANSPORTATION
MASTER PLAN (5.10)
That the Region of York be
commended for their comprehensive process and efforts to achieve this milestone
report;
And that the York Region
Transportation Master Plan, Draft Final Report, be endorsed subject to the
addition of a section of the report indicating the east area of the Town of
Markham as a “special study area” requiring further study and that this study
be included in the Five Year Action Plan;
And that the Region be requested to adjust the 10-year road improvement
program for 2011 to incorporate the alternative road-widening program developed
by the Town of Markham to reduce 6 and 7 lane road widenings (on sections of
Leslie Street, Warden Avenue, Kennedy Road and McCowan Road) and
incorporate/investigate midblock crossings of Highway 404;
And that the designation of a core HOV network along 16th
Avenue and north/south arterials connecting Markham to the City of Toronto be
re-considered and re-designated as Transit Priority routes;
And that an all “Bus Rapid Transit/Light Rail Transit” scenario be
added as an option in the Implementation Strategy;
And that the Region of York be requested to advance the widening and
reconstruction of Major Mackenzie Drive from Woodbine Avenue to Kennedy Road to
coincide with the opening of the Angus Glen Community Centre in 2003;
And that the Region of York be requested to review the feasibility of
an Elgin Mills Road by-pass of Victoria Square;
And that the widening of Steeles Avenue to four lanes from Markham Road
to Taunton Road be incorporated into the Road Network Plan and the Five Year
Action Plan and that this widening be considered prior to the jog elimination
at the 14th Avenue/Durham boundary;
And that the Region of York be
requested to coordinate an operational review (signal timings, double left turn
lanes etc.) of the signalized intersections along Steeles Avenue in conjunction
with the City of Toronto as a short term measure to reduce congestion;
And that, given the importance of
Hydro corridors as potential transportation corridors, the Province take all
necessary steps to protect these lands as publicly owned lands as part of the
impending privatization of Hydro One;
And further that this report be forwarded to
the Region in response to their request for comments from Markham.
CARRIED
(5) TRANSPORTATION
CORRIDORS
- HYDRO LANDS (5.10)
Whereas the impending sale of Hydro One has raised questions about the
ownership of the lands under the transmission lines;
And whereas the lands in the hydro corridors are one of the few
publicly owned facilities that are ideal for consideration as rapid transit
corridors and are identified in the Town of Markham Official Plan as
transportation and utilities which would permit rapid transit uses;
And whereas a number of plans have shown the potential use of these
corridors as rapid transit corridors;
And whereas the north-south hydro corridor west of Warden Avenue would
be an important option to consider for a rapid transit line extending from
Markham to the Sheppard subway as identified in the draft Regional
Transportation Master Plan;
And whereas rapid transit will play a crucial role in the
transportation infrastructure needed to support planned growth in Markham;
And whereas OPA52 identifies hydro corridors of importance for activity
linkages among other uses;
Now therefore be it resolved that the Town of Markham requests the
Provincial Government to protect the lands in the hydro corridors as publicly
owned lands as part of the privatization of Hydro One.
CARRIED
(6) MR.
DON DEACON – PRINCE EDWARD ISLAND
RED CROSS HUMANITARIAN AWARD
(13.12.4)
That the Town of Markham and Markham Council support and commend Mr.
Don Deacon, former Markham MPP, on being awarded the Prince Edward Island Red
Cross Humanitarian Award.
CARRIED
(7) PROCLAMATION
HILTON SUITES DAY
EMBASSY SUITES RENAMING (3.4)
That Tuesday, April 2, 2002 be proclaimed Hilton Suites Day in
recognition of the newly renamed Hilton Suites Toronto/Markham Conference
Centre & Spa as a valued partner to the Town of Markham.
CARRIED
(8) EVERGREEN
FOUNDATION (10.0)
That the information and
presentation by Ms. Barbara Heidenreich, Evergreen Foundation, regarding the
potential for the foundation to provide fundraising services to the Town in an
effort to identify funding partnerships, be received.
CARRIED
Moved by Councillor A. Chiu
Seconded by Regional Councillor B. O’Donnell
That the Reports of the Committee of the
Whole be adopted, approved and confirmed.
CARRIED
3. MINUTES
(1) COUNCIL
MINUTES
- MARCH 19, 2002
Moved by
Councillor A. Chiu
Seconded by
Regional Councillor G. Landon
That the
Minutes of the Council Meeting held on March 19, 2002, be adopted.
CARRIED
4. DELEGATIONS
(1) Barbara Heindenreich,
Evergreen Foundation 355 Adelaide Street West, 5th Floor, Toronto,
providing information regarding the administrative fundraising services of the
Evergreen Foundation and its willingness to assist the Town of Markham in
identifying funding partnerships in connection with the Jessamyn Holdings Ltd.
property on German Mills Road. (10.7)
(2) Tina Molinari, MPP
Thornhill, 7592 Yonge Street, Thornhill, confirming her commitment to
fundraising efforts in preserving the Jessamyn Holdings Ltd. property on German
Mills Road. (10.7)
(3) Dena Bain Taylor,
President, German Mills Ratepayers Association, in support of preserving the
Jessamyn Holdings Ltd. property on German Mills Road. (10.7)
(4) Tom Christoff,
representing the owner of the Jessamyn Holdings Ltd. property on German Mills
Road, in support of the owner being permitted to build on his property. (10.7)
(5) Karina Matthews, 104
Donnamora Crescent, Thornhill, resident adjacent to the subject lands, reading
a letter from Laura Weaver, long time resident on the property in question in
support of preserving the Jessamyn Holdings Ltd. property on German Mills Road.
(10.7)
(6) Eileen Smith, 89 German
Mills Road, Thornhill, resident across the road from the subject lands, in
support of permitting the development of the Jessamyn Holdings Ltd. property on
German Mills Road. (10.7)
(7) Don Cross, Don
Watershed Regeneration Council, 193 Glenview Avenue, Toronto, in support of
preserving the Jessamyn Holdings Ltd. property on German Mills Road. (10.7)
(8) Joan Jenkyn, 21 Clark
Avenue, Thornhill, in support of preserving the Jessamyn Holdings Ltd. property
on German Mills Road. (10.7)
(9) Valerie Burke, Pomona
Mills Park Conservationists, 26 Colborne Street, Thornhill, in support of
preserving the Jessamyn Holdings Ltd. property on German Mills Road. (10.7)
(10) David Rawcliffe, Society
for the Preservation of Historic Thornhill, 157 Tamarack Drive, Thornhill, in
support of preserving the Jessamyn Holdings Ltd. property on German Mills Road.
(10.7)
(11) Art Jaszczyk, 64
Snowshoe Crescent, Thornhill, in support of preserving the Jessamyn Holdings
Ltd. property on German Mills Road. (10.7)
(12) Harry Leslie, 11
Grandview Boulevard, Thornhill, in support of preserving the Jessamyn Holdings
Ltd. property on German Mills Road. (10.7)
(13) Chris Papahadzis, 106
Holsworthy Crescent, Thornhill, in support of preserving the Jessamyn Holdings
Ltd. property on German Mills Road. (10.7)
(14) Samara Newman, 118
Simonston Boulevard, Thornhill, in support of preserving the Jessamyn Holdings
Ltd. property on German Mills Road. (10.7)
(15) Ann Fowle, 18 Ida
Street, Thornhill, Co-founder of Pomona Mills Park Conservationists, in support
of preserving the Jessamyn Holdings Ltd. property on German Mills Road. (10.7)
(16) Rolf A. Piro, 3338
Enniskillen Circle, Mississauga, proving additional information regarding the
history of the Berczy settlers and in support of preserving the Jessamyn
Holdings Ltd. property on German Mills Road. (10.7)
(17) Shelley Bourne, 17 Milne
Lane, Markham, Chair, Boyington Heights Ratepayers Association, in support of
preserving the Jessamyn Holdings Ltd. property on German Mills Road. (10.7)
(18) Steve Tonner, 62
Brooklyn Crescent, Markham, in objection to a property tax increase. (7.3)
(19) Marion Matthias, 33
Colborne Street, Thornhill, in objection to the penalty to Ballantry Homes in
connection with the demolition of the Andrew Wideman House. (10.0)
(20) Shelley Bourne, 17 Milne
Lane, Markham, Chair, Boyington Heights Ratepayers Association, expressing
concern regarding storm water holding facilities at the Loblaw Properties
Limited site at 200 Bullock Drive. (10.0)
(21) Tupper Wheatley, 9
Willowgate Drive, Markham, Milne Park Conservation Association, expressing
concern regarding a possible encroachment at the Loblaw Properties Limited site
at 200 Bullock Drive. (10.0)
5. PRESENTATIONS
(1) JESSAMYN
HOLDINGS LTD.
GERMAN MILLS ROAD (10.7)
The Town
Solicitor presented an aerial view of the Jessamyn Holdings Ltd. property on
German Mills Road, reviewed the area context and provided some background
regarding the site.
Moved by
Regional Councillor F. Scarpitti
Seconded by
Councillor E. Shapero
That the presentation by the Town
Solicitor, the tabled report dated March 26, 2002 and the delegations regarding
Jessamyn Holdings Ltd. be received.
And that consideration of the
Jessamyn Holdings Ltd. matter regarding property on German Mills Road be
referred to an In-Camera session of Council following the Council meeting this
March 26, 2002.
CARRIED AS AMENDED
(See following motions to amend)
Moved by Regional Councillor F. Scarpitti
Seconded by Councillor E. Shapero
That Clause 4(1) be amended to receive the
delegations regarding the Jessamyn Holdings Ltd. property on German Mills Road,
Thornhill.
CARRIED
Moved by Councillor E. Shapero
Seconded by Councillor K. Usman
That consideration of the Jessamyn Holdings
Ltd. matter regarding property on German Mills Road be referred to an In-Camera
session of Council following the Council meeting this March 26, 2002.
CARRIED
(2) 2002
BUDGET (7.4 & 7.5)
The following
members of the Budget Subcommittee and staff were thanked for their
considerable efforts in the budget process, preparation and presentation:
Regional
Councillor F. Scarpitti
Regional
Councillor T. Wong
Councillor
S. Daurio
Councillor
J. Heath
Councillor
D. Horchik
Councillor
G. McKelvey
Councillor
E. Shapero
Councillor
K. Usman
Councillor
J. Virgilio
J.
Allen, Chief Information Officer
J.
Hodgson, Director of Information Technology Services
E.
Lee, IT
F.
Lee, Web Content Specialist
B.
Misra, Manager, Business Application
Support
F.
Poon, Manager, Systems & Technology
Support
J.
Swan, Senior Systems Analyst
B.
Cribbett, Treasurer
S.
Davies, Senior Financial Analyst
J.
Lustig, Manager, Financial Planning
J. Nelson, Financial Analyst
R. Raman, Financial Analyst
D. Watterson, Accountant
Staff was
congratulated on winning the Government Finance Officers Association
Distinguished Budget Presentation Award for the fiscal year beginning January
1, 2001.
Regional
Councillor F. Scarpitti, Chair, Budget Subcommittee, and the Commissioner of
Corporate Services presented the proposed 2002 Operating, Capital and
Waterworks budgets.
Council
consented to a division on the question.
Moved by
Regional Councillor F. Scarpitti
Seconded by Regional
Councillor B. O’Donnell
That the presentation by the Commissioner of Corporate Services and the
Budget Subcommittee Chair regarding the proposed 2002 Budget be received;
And that the report dated March 18, 2002 from Financial Services
entitled “2002 Operating, Capital, and Waterworks Budgets” be received;
And that Council approve the 2002 Capital Budget expenditures of
$62,193,490 and the funding sources listed in Appendix "A" attached
hereto;
And that Council approve the Water and Wastewater Budget that totals
$30,762,739, the principle components of which are detailed on Appendix
"B" attached hereto;
And that a copy of the budgets be made available to the public through
the Clerk’s Department and each of the Markham Libraries;
And further that the Minutes of the 2002 Budget Sub-committee meetings
dated December 10, 2001, January 28, 2002, February 25, 2002 and March 4, 2002
be received and approved.
CARRIED
(See following recorded
vote)(12:12)
YEAS: 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 D. Horchik,
Councillor K. Usman, Councillor A. Chiu, Mayor D. Cousens. (12)
NAYS:
ABSENT: Councillor
J. Heath
Moved by Councillor S. Daurio
Seconded by Regional Councillor B. O’Donnell
That Council approve the 2002 Operating Budget for Town services which
totals $111,043,910, the principle components of which are detailed on Appendix
"C" attached hereto;
And that gross expenditures of $111,043,910 be funded from the
following sources:
|
|
$
|
|
Taxation Revenues
|
70,552,160
|
|
Grant & Subsidy Revenues
|
441,677
|
|
General Revenues (Interest, Fines, Permits)
|
19,133,500
|
|
User Fees & Service Charges (User Fees, Rentals, Sales)
|
15,852,137
|
|
Other Income/Recoveries
|
2,663,885
|
|
Prior Year Surplus Transfer to Reserve
|
2,400,551
|
|
Total
|
111,043,910
|
CARRIED
(See following recorded
vote)(10:2)
YEAS: Regional
Councillor G. Landon, Regional Councillor B. O'Donnell, Councillor S. Daurio,
Councillor E. Shapero, Councillor J. Virgilio, Councillor G. McKelvey,
Councillor D. Horchik, Councillor K. Usman, Councillor A. Chiu, Mayor D.
Cousens. (10)
NAYS: Deputy
Mayor F. Scarpitti & Regional Councillor T. Wong. (2)
ABSENT: Councillor
J. Heath
6(a) REPORT NO. 15 - FINANCE &
ADMINISTRATIVE COMMITTEE
Council
consented to separate Clauses (1), (5) & (9).
Moved by
Councillor K. Usman
Seconded by
Councillor D. Horchik
That Report
No. 15 - Finance & Administrative Committee be received and adopted.
(1) CANCELLATION, REDUCTION
OR REFUND OF
TAXES UNDER SECTIONS 442 AND 443 OF THE
MUNICIPAL ACT (7.3)
That the communication dated March 26, 2002 withdrawing appeal number 412
under Section 442 and the communication from the Director, Taxation, be
received;
And that Residential taxes in the amount of
$267,489.89 (Section 442 in the amount of $164,482.75 and Section 443 in the
amount of $103,007.14) be adjusted; the Town's portion is estimated to be
$65,623.57;
And that the Commercial/Industrial taxes in
the amount of $178,195.04 (Section 442 in the amount of $174,960.13 and Section
443 in the amount of $3,234.91) be adjusted; the Town's portion is estimated to
be $19,297.03;
And that the associated interest be cancelled
in proportion to the tax adjustments;
And that the
Treasurer be directed to adjust the Collector's Roll.
CARRIED AS AMENDED
(See following motion to amend)
Moved by Regional Councillor G. Landon
Seconded by Councillor K. Usman
That Clause (1), Report No. 15 - Finance & Administrative Committee
be amended to delete paragraph 3 in its entirety and the following paragraph be
substituted therefor changing figures to reflect withdrawal of an appeal:
"And that the Commercial/Industrial
taxes in the amount of $178,195.04 (Section 442 in the amount of $174,960.13
and Section 443 in the amount of $3,234.91) be adjusted; the Town's portion is
estimated to be $19,297.03;"
CARRIED
(2) CANCELLATION, REDUCTION OR REFUND OF
TAXES UNDER SECTION
442 OF THE MUNICIPAL
ACT - ADDENDUM (7.3)
That
the Commercial taxes in the amount of $10,851.56 be adjusted under Section 442
of the Municipal Act; the Town's portion is estimated to be $1,175.22;
And
that the associated interest be cancelled in proportion to the tax adjustments;
And
that the Treasurer be directed to adjust the Collector's Roll.
(3) TRANSFER OF EASEMENT FOR EGRESS
TO YONGE STREET TO CATHOLIC
CEMETERIES
ARCHDIOCESE OF TORONTO (HOLY
CROSS
CEMETERY) (8.1)
That
a by-law be enacted authorizing the Mayor and Clerk to execute a Transfer of
Easement to the Catholic Cemeteries - Archdiocese of Toronto for egress only
from the Holy Cross Cemetery over lands legally described as the one foot
reserve south end side of Church Lane, Plan 2386, designated as Part 2, on a
draft reference plan, in a form satisfactory to the Town Solicitor.
(By-law 2002-46)
(4) 2002 CONSTRUCTION OF BERCZY PARK (7.12.3
& 10.7)
That
Loc-Pave Construction Ltd. be awarded the agreed upon Phase 1 works for Berczy
Commons Park in the amount of $578,475.70 inclusive of 7% GST ($556,850.44
inclusive of 3% GST) which were part of the 2001 tender 089-T-01 and which were
deferred into the 2002 construction schedule.
(5) DEMOLITION OF ANDREW WIDEMAN HOUSE
9462 HIGHWAY 48 - RESTITUTION
OPTIONS
BALLANTRY HOMES (10.0 &
16.11.3)
Moved
by Councillor K. Usman
Seconded
by Councillor D. Horchik
That
the staff recommendation with respect to the restitution options with respect
to demolition of the Andrew Wideman House, be amended as follows:
That
Council accept the offer by Ballantry Homes to provide services in kind in the
amount of $250,000 to build a new, purpose-built, Reception Facility at the
Markham Museum;
And
that the Chief Administrative Officer and Town Solicitor bring forward a
proposed agreement as well as proposed details of cost estimates and a
methodology for measuring the cost of construction for consideration by
Council;
And
that Community Services Staff be authorized to obtain the services of a museum
architectural consultant to assist in the preparation of a functional
requirements plan and design concept for the proposed museum facility;
And
further that as a condition of the draft plan approval for the proposed Ballantry
Homes plan of subdivision, Ballantry Homes be required to install at its cost a
cairn and a 'Markham Remembered' interpretive plaque acknowledging and
interpreting the former Andrew Wideman House with wording as attached hereto as
Appendix "D".
CARRIED
(6) BUTTONVILLE AIRPORT COMMUNITY
COMMITTEE TERMS OF REFERENCE
(5.15.1)
That
the report entitled "Buttonville Airport Community Committee Terms of
Reference' be received;
And
that the Committee's Terms of Reference be formally ratified by Council;
And
that the following Town of Markham appointees to the Committee be covered under
the Town's blanket liability coverage Markham Residents Mr. D. Myers, Mr. J.
Scholz and Ms. G. Semlyen;
And
further that the request by the Committee that all properties in the area
affected by the airport have a notice put on title about the existence and
operation of the airport be received and referred to staff for a report.
(7) CANADIAN FIRE FIGHTER REQUEST FOR
SPONSORSHIP OF THE EVEREST
EXPEDITION 2003 (12.2.6)
That an
amount of $5,000 be approved from the Promotions Budget for Canadian Fire
Fighter Sponsorship of the Everest Expedition 2003 "Climbing for the
Children's Wish Foundation";
And
that the Markham Flag be placed at the summit of Mount Everest;
And that
the Town of Markham be given the right to use a photograph of the Markham Flag
on the summit of Mount Everest on promotional material.
(8) 10TH ANNIVERSARY POLICE APPRECIATION
NIGHT DINNER (12.2.6)
That
the Town sponsor a table for 8 at a cost of $1,200 for the Annual York Regional
Police Appreciation Night to be held on Thursday, April 25, 2002, at LeParc,
Markham.
(9) UNIONVILLE VILLAGE FESTIVAL - REQUEST
FOR BEER GARDEN (12.2.6)
Moved
by Regional Councillor G. Landon
Seconded
by Councillor G. McKelvey
That consideration of the matter of the
request for use of the baseball field in Crosby Park on Saturday, June 1, 2002
from noon to 6 p.m. to hold a licensed "Foods of the World Pavilion"
at the Unionville Village Festival (beer garden) be referred to the Ward
Councillor for decision subject to him consulting with community associations
and subject to the size, layout of the area adjoining the beer garden, final
site, community input, itinerary, police presence for the last few hours and
all necessary approvals.
CARRIED
AS AMENDED
(See
following motion to amend)
Moved by Regional Councillor G. Landon
Seconded by Councillor G. McKelvey
That Clause (9), Report No. 15 - Finance & Administrative Committee
be amended to refer consideration of the matter to the Ward Councillor in
consultation with community associations.
CARRIED
(10) YMCA MARKHAM BUSINESS CENTRE (12.2.6)
That
the Town sponsor a table at a cost of $150.00 for the YMCA JAZZ ON THE NOODLE event being held on May
24th, 2002 at the Rouge River Community Centre.
(11) OTHER COMMITTEE PROCEEDINGS
- MINUTES OF FINANCE &
ADMINISTRATIVE
COMMITTEE MEETING – MARCH 18,
2002 (16.0)
CARRIED
6(b) REPORT NO. 16 - DEVELOPMENT SERVICES
COMMITTEE
Council consented to separate Clause (5).
(1) STAFF MEMO - HUMBOLD PROPERTIES LIMITED
REQUEST FOR STREET NAME
APPROVAL, DRAFT PLAN OF
SUBDIVISON 19T-95013 (SUB
95-006) (10.14)
That the
street name "Coral Cove Court" be approved for use in plan of
subdivision 19T-95013 (Humbold Properties Limited).
(2) HOSTING THE CARY, NORTH CAROLINA
DELEGATION
APRIL 25 & 26, 2002
(10.16)
That the
Economic Development Department be authorized to plan and implement a program
of activities for the Cary delegation in Markham, at a cost not to exceed
$5,500.
This
expenditure is to be funded from within the 2001 base budget for Business
Development, account # 610-998508.
(3) MAIN STREET UNIONVILLE PARKING AND LAND
USE STUDY (10.8)
That
Marshall Macklin Monaghan Limited be
authorized to undertake the Main Street Unionville Parking and Land Use Study
in accordance with the Work Program attached as Appendix ‘B’, for an upset
limit of $43,400.00, subject to the execution of a contract with the Town;
And that John
Winter Associates Limited be authorized to assist in the Study as sub-consultant
(retail market specialist) in accordance with the Work Program attached as
Appendix ‘C’, for an upset limit of $10,000.00, subject to the execution of a
contract with the Town;
And further
that consultant fees be paid from the 2002 Capital Budget (Planning and Urban
Design Department accounts) with additional funding for the amount exceeding
the 2002 Budget allocation being paid from existing Land Use Study Capital
Accounts.
(4) BINEWOOD INVESTMENTS LTD., 7676 WOODBINE
AVE.
WALL SIGN VARIANCE (02-100402)
(2.16.2)
That
the application for wall sign variance, File Number 02-100402, submitted by
Binewood Investments Inc., proposing a wall sign located on the third floor
(East elevation) of a multi-tenant commercial/industrial building at 7676 Woodbine
Avenue, be approved.
(5) LOBLAW PROPERTIES
LIMITED, 200 BULLOCK DRIVE
WALL SIGN VARIANCE AND MILNE
CREEK IMPROVEMENTS
(01-110844, 01-110847,
01-113177, 01-113745) (2.16.2)
Moved by Councillor G. McKelvey
Seconded by Regional Councillor B. O’Donnell
a) Increases in allowable
wall sign area:
i) South/West elevation – from 9.6m2 to 30.31m²
ii) South/East
elevation – from 11.25m² to 33.1 m²
iii) West
Elevation – from 20.0 m2 to 23.7 m2
and;
b) From one (1) sign per building face to Two (2) signs per
building face for the west elevation;
And that the easement documents provide that the Town may undertake
rehabilitation/renaturalization work within the Milne Creek corridor (at no
cost to the applicant), and that any such rehabilitation/renaturalization work
may at the Town’s discretion extend onto the lands subject to the easement;
CARRIED AS
AMENDED
(See following
motion to amend)
CARRIED
(6) 1430486 ONTARIO LTD.
THE LIBERTY TOWER
IN TIMES/GALLERIA, BLOCK 40, REGISTERED PLAN 65M-3226
PLAN OF CONDOMINIUM (CU 01-117323) (10.20)
That draft plan of condominium application CU
01 – 117323 submitted by 1430486
Ontario Inc., (19CDM-200105), identified as Project Number 1786-0, be draft
approved, subject to the following conditions:
1. Approval shall relate to a draft plan
of condominium prepared by R. Avis Surveying Inc., dated October 25, 2001.
2. That
all provisions of the site plan agreement dated May 30, 2001 between the Owner
and the Town be fulfilled to the satisfaction of the Town.
3. That
the Owner enter into a condominium agreement, if required by the Town.
4. That
the Town of Markham receive and accept the following certificates prior to
registration of the condominium:
a) A
certificate from the Owner’s architect stating all buildings have been
substantially completed in accordance with the plans contained in the site plan
agreement with the Town dated May 30, 2001 and in accordance with the Building
Code.
b) A
certificate from the Owner’s surveyor stating all buildings are substantially
completed and have been located on the ground in accordance with the
requirements of the applicable Zoning By-law and the plans and conditions in the site plan agreement.
c)
A certificate from the
Owner’s engineer stating that all grading, drainage, above and below ground
services, asphalt paving and demarcation of parking spaces have been
substantially completed in accordance with the plans and conditions in said
site plan agreement; and that Centralized Mail Box facilities have been
supplied and installed substantially in accordance with Canada Post Corporation
specifications.
d)
A certificate from the
Owner’s landscape architect stating that all landscaping has been installed and
completed in accordance with the landscape plans and conditions in the said
site plan agreement.
e) A certificate from the Owner's noise
consultant stating that all noise control features have been completed according
to conditions in said site plan agreement.
5. That prior to final plan approval the
Owner submit the condominium declaration to the Town for review.
6. That appropriate
easements or similar instruments be granted to the condominium corporation allowing
access to the main private roads leading to the public road system.
7. That
the condominium corporation assume proportionate ownership and maintenance
obligations for common elements.
8. Payment
of any outstanding taxes owing to the Town of Markham.
9. Payment of any outstanding local
improvement charges owing against the subject lands.
10. That prior to final approval the Owner
shall arrange inspections of the on-site works with the Engineering and Design
Departments, and shall rectify any deficiencies relative to the approved plans
and specifications, to the satisfaction of the Director of Engineering and the
Manager of Urban Design.
(7) COTSWOLD OF BAYVIEW
NORTH OF STEELES AVE., WEST OF
BAYVIEW AVE.
PLAN OF CONDOMINIUM (CU
01-110802) (10.20)
That the
application for Plan of Condominium. File Number CU 01 110802, submitted by
Monarch Construction Limited, for 17 residential townhouses on Arlington Way
located on the north side of Steeles Avenue and west of Bayview Avenue, be
approved subject to the following conditions:
1. Approval
shall relate to the Draft Plan of Condominium prepared by Donevan Fleischmann
Petrich Ltd., dated November 6, 2001;
2. That
all provisions of the Site Plan Control Agreement dated March 22, 2000 between
the Owner and the Town be fulfilled to the satisfaction of the Town;
3. That
prior to release for registration the Owner shall satisfy all the conditions of
the Regional Municipality of York as follows:
a. Revise
the condominium plans to show a 0.3 metre reserve across the full frontage of
the site where it abuts Steeles Avenue, to be conveyed to the Regional
Municipality of York, free of all costs and encumbrances upon registration of
Plan of Condominium;
b. The
Owner shall enter into an Encroachment Agreement with the Region of York to
permit an existing masonry wall to extend onto Regional property following
dedication of the 0.3 metre reserve;
c. The
Owner shall provide a solicitor’s certificate of title in a form satisfactory
to the Regional Solicitor, at no cost to the Region, with respect to the
conveyance of lands to the Regional Municipality of York;
d. The
Region of York Planning and Development Services Department shall advise that
Conditions 3a to 3c inclusive, have been satisfied.
4. That
prior to release for registration, the Owner shall undertake the following to
the satisfaction of the Toronto and Region Conservation Authority and the Town
of Markham:
a. That
the Owner shall provide a letter stating agreement to the Town that the
Engineering Department is to hold their Engineering Letter of Credit until the
topsoil/fill material behind Unit 7 is removed and the area is restored with
topdressing, seeding and an erosion control blanket to the satisfaction of the
Town of Markham and the Toronto and Region Conservation Authority;
b. That
the condominium declaration include a clause specifying that any structural
encroachments, including swimming pools, sheds, decks and other appurtenances,
are prohibited within 10-metres of the top of bank.
5. That
the Owner shall enter into a Condominium Agreement, if required by the Town;
6. That
prior to release for registration, the owner shall provide the following, to
the Town’s satisfaction:
a. That
prior to release for registration, the applicant shall submit to the Town for
review and approval, the condominium description and declaration which shall
ensure, among other matters that each townhouse unit has exclusive use for
parking purposes, over the driveway portion of the common element leading
directly to the unit and that the condominium corporation has assumed property
ownership and maintenance of all common elements;
b. A
certificate from the applicant’s architect stating that all buildings are
substantially completed and have been constructed in accordance with the plans
in the Site Plan Control Agreement and in accordance with the Building Code;
c. A
certificate from the applicant’s surveyor stating that all buildings have been
located on the ground in accordance with the plans in the said Site Plan
Control Agreement and in accordance with the applicable zoning by-law;
d. A
certificate from the applicant’s engineer stating that all on site works,
including but not limited to, grading and asphalt paving have been installed
and completed in accordance with the plans and conditions in the Site Plan
Control Agreement;
e. A
certificate from the applicant’s landscape architect stating that all
landscaping has been installed and completed in accordance with the landscape
plans in the Site Plan Control Agreement;
f. Arrange
inspections of the on-site works with the Engineering Department and Urban
Design Group and shall rectify any deficiencies relative to the approved plans
to the satisfaction of the Director of Engineering and the Manager of Urban
Design;
g. Payment
of any outstanding taxes and local improvement fees against the subject lands;
h. Payment
of any outstanding local improvement charges, fees or recoveries owing against
the subject lands.
7. That
appropriate easements or other instruments be granted to the condominium
corporation allowing access to the main private roads leading to public
streets;
8. The
Owner shall ensure that all waste and recyclable materials will be collected
privately.
(8) AZURIA (1212763 ONTARIO
LTD.)
10271, 10327, 10391 WOODBINE AVENUE
REVISIONS TO PROPOSED DRAFT PLAN OF SUBDIVISION
(SU 01 106774, ZA 01 106727) - ONTARIO MUNICIPAL BOARD (10.5, 10.7, 8.0)
That the Town Solicitor be
authorized to request the Ontario Municipal Board to approve the conditions of
draft plan approval of subdivision 19TM-01002 (originally endorsed by Council
on November 27, 2001; and revised and endorsed by the Ontario Municipal Board
on December 10, 2001; and further revised as indicated in this report) set out
in Appendix “A” to this report, in order to reflect the revised draft plan of
subdivision prepared by Gagnon Law Bozzo on February 25, 2002;
That any heritage building
retained on a lot within the draft plan of subdivision not be subject to Town
of Markham Development Charges;
That the draft amendment to
zoning by-law 177-96, endorsed by Council on November 27, 2001, and revised and
endorsed by the Ontario Municipal Board on December 10, 2001, be further
revised to incorporate the following additional provisions, as set out in Appendix
“C” (Draft Zoning By-law Amendment) to this report:
·
Revisions to Schedule ‘A’ to zone Block 246 (the Residential Heritage
Area) within the Single Detached Residential (R1) Zone;
·
Revisions to Schedule ‘A’ to include a new R2-LA zone on the east side
of the subdivision, north of Street ‘B’, to recognize the new block of
lane-based townhouses proposed in this location;
·
Text revisions requiring that a Site Plan Agreement be executed prior
to removing any holding provisions within Block 246; and,
·
Text revisions to incorporate special provisions relating to the R1
Zone;
And that with respect to the
changes to the proposed zoning by-law and draft plan of subdivision, Council
hereby determines that no further notice is to be given in respect of such changes,
in accordance with subsections 34 (17) and 51(47) of the Planning Act.
(9) FOREST
BAY HOMES LTD.,
MARKHAM ROAD AND STEELES AVENUE
REZONING APPLICATION TO PERMIT SEMI-DETACHED DWELLINGS
(ZA.01-119053) (10.5)
That the
Development Services Commission report dated February 5, 2002, entitled
"Applications submitted by Forest Bay Homes Ltd. to revise townhouse
zoning provisions for the Villages of Fairtree community (ZA.01-119053)"
be received;
And that the
Record of the Public Meeting held on March 19, 2002, with respect to the
proposed amendment to zoning by-law 90-81 be received;
And that the
application by Forest Bay Homes Ltd. to amend zoning by-law 90-81, be approved;
And further
that the proposed amendment to zoning by-law 90-81 be enacted without further
notice.
(10) OTHER
COMMITTEE PROCEEDINGS
- MINUTES OF DEVELOPMENT SERVICES
COMMITTEE MEETING – MARCH 19, 2002 (16.0)
CARRIED
7. MOTIONS
Council consented to add Motions (1) and (2)
(1) SYMPATHY
- SUDDEN PASSING
TIM CALLEBERT (12.2.6)
That the
Town of Markham and Town Council extends their deepest sympathy to the family
of Tim Callebert on his sudden passing and recognize his outstanding
contribution to the Town.
CARRIED
(2/3rds vote to consider was
required and obtained)
(2) RECOGNITION – RACE
RELATIONS COMMITTEE
MANY FACES OF MARKHAM (16.10)
That Council
recognize the efforts of Regional Councillor T. Wong and the Town of Markham
Race Relations Committee on an outstanding evening at the Markham Theatre to
celebrate the Many Faces of Markham.
CARRIED
(2/3rds vote
to consider was required and obtained)
8. COMMUNICATIONS
Council
consented to amend 105-2002 to read that on Sunday, June 2, 2002 from 8:00 a.m.
to 5:00 p.m. Main Street Unionville should be closed from just north of the
laneway (north of Victoria Avenue) to Library Lane.
Council
consented to add Communication No. 106-2002 requesting the date for Markham
Farmers' Market be changed to start May 11, 2002, instead of May 18, 2002.
Moved by
Regional Councillor F. Scarpitti
Seconded by
Councillor S. Daurio
That Council
receive and consent to the disposition of communications in the following
manner:
Received
89-2002 CURE Foundation
- Forwarding information regarding National Denim Day 2002 (12.2.6)
90-2002 The Regional
Municipality of York - Forwarding a resolution of the City of Brantford with
respect to requesting the Ministry of Health and Long Term Care to develop
mechanisms to allow Nurse Practitioners to practise as members of an
interdisciplinary term or independently to the full extent of their licensure
and scope of practice. Should this
matter be placed on Regional Committee agenda for discussion, at least one-week
of notification to the Region is required prior to the appropriate meeting.
(13.4)
91-2002 Town of
Newmarket - Forwarding a resolution with respect to requesting the federal and
provincial governments to dedicate and return a portion of the fuel tax to
regional and municipal governments for road and bridge maintenance,
reconstruction, and for public transit purposes. (13.5.2)
92-2002 Town of
Newmarket - Forwarding a resolution with respect to requesting the Region of
York to establish a working committee to make recommendations with respect to
the smoking by-law regulations that will ensure that non-smoking patrons in
bingo halls will be protected from second hand smoke, and that the smoking
by-aw regulations will not have a negative impact on attendance at bingo events.
(13.5.2)
93-2002 Town of
Newmarket - Forwarding a resolution with respect to requesting the Region of
York to provide the local municipalities with the same transit discount offered
to the Regional staff to local municipal staff financed by the Region of York.
(13.5.2)
94-2002 Town of
Whitchurch-Stouffville - Forwarding a resolution with respect to urging the
Government of Ontario to remove or, at the least, radically reduce the role of
the OMB back to a pure check against bad or biased planning. (13.5.2)
95-2002 Association of
Municipalities of Ontario - Forwarding information regarding the
"Partners-in Progress" program being held on April 11, 2002 (13.12.2)
96-2002 Association of
Municipalities of Ontario - Forwarding a resolution of the Town of Minto
regarding petitioning the federal and provincial levels of government to create
and/or reinstate the necessary legal framework by providing the necessary
powers and funding to permit schools, local communities and law enforcement
agencies to effectively handle the ever growing vandalism and violent behaviour
problems with the minority of our trouble making youth. (13.12.2 & 13.5.2)
97-2002 Association of
Municipalities of Ontario - Forwarding a resolution of the County of Brant with
respect to requesting the Ministry of the Environment to reconsider the
proposed regulation for potable drinking and that a framework be provided to
promote a partnership with municipalities in which the ministry and the
municipality work together on a cooperative basis for the benefit of the
citizens of Ontario. (13.12.2 & 13.5.1)
98-2002 Association of
Municipalities of Ontario - Forwarding a resolution of the City of Stratford
with respect to requesting the Province of Ontario to enact legislation to
require producers to reduce the packaging of goods at the source of their
distribution and retailers to take back packaging materials. (13.12.1 &
13.5.1)
99-2002 City of Owen
Sound - Forwarding a resolution requesting AMO's involvement in terms of
collaborative and proactive participation in assisting municipalities to deal
with the pesticide issue. (13.5.2)
100-2002 Rouge Park -
Forwarding Rouge Park 2000 Progress Report (10.0)
101-2002 City of Woodstock
- Forwarding a resolution with respect to petitioning the province to allocate
the revenues being distributed by the Ontario Trillium Foundation on a per
capita basis to the local municipalities for distribution. (13.5.2)
102-2002 City of Woodstock
- Requesting support for a resolution with respect to the Canadian Police
Association fact sheet requesting the Province of Ontario to enact legislation
to strengthen Canada's system of sentencing, corrections, parole and release.
(13.5.2)
103-2002 Township of
Ramara - Requesting the endorsement of resolution regarding the privatization
of Hydro One. (13.5.2)
104-2002 The Honourable
David Tsubouchi, MPP, Markham, the Honourable Frank Klees, MPP, Oak Ridges,
Regional Municipality of York Police Services Board and City of Oshawa -
Forwarding responses for the Town of Markham's resolution regarding speed
enforcement and speed limits on local roads. (5.12.2)
Referred to all Members of
Council
105-2002 Unionville
Village Festival Corporation - Request to close the following streets for the
Unionville Village Festival being held on May 31 to June 2, 2002:
Saturday, June 1, 2002 – 7:00 a.m. to 7:00
p.m.
- Main Street, Unionville from Highway 7 north to the southern
limit of
Bridle Trail
- Main Street Unionville from
Highway 7 south to south of Unionville Gate
- Unionville Gate from Kennedy
Road to Main Street south
- Pavilion Street at Main Street
- Euclid Street at Main Street
- Station Lane at Main Street
- Fred Varley Drive at the
Fonthill Boulevard
- Carlton Road west from Main
Street to Wembley Avenue
- Pomander Road at Carlton
Street
- Carlton Road east from Main
Street to Chambery Crescent
- Library Lane east from Main
Street to Hastings Drive
Saturday, June 1, 2002 – 8:45 a.m. to 11:00
a.m.
- Highway 7 at Main
Street Unionville
Sunday, June 2, 2002 – 8:00 a.m. to 5:00
p.m.
- Main Street
Unionville north from just north of the laneway (north of
Victoria Avenue) to Library
Lane
- Carlton Road west from Main
Street to Pomander Road
- Carlton Road east from Main
Street to Chambery Crescent (3.5.4)
(By-law 2002-47)
106-2002 Markham Village
B.I.A. - Request to close the following streets to facilitate Markham Farmers'
Market, Giant Community Garage Sale, Markham Village Festival, Olden Days &
Antique Cars Festival & Festival of Lights:
Markham Farmers' Market
Date & Time: Every Saturday from May 11 to September 28, 2002
inclusive between 7:00 a.m. and 2:00 p.m.
Streets: Robinson Street west of Main
Street Markham to the driveway into the Whyte Fitness plaza.
Giant Community Garage Sale
Date & Time: May 25,
June 29, July 27, August 31 and September 28, 2002 between 7:00 a.m. and 2:00
p.m.
Streets: Robinson Street east of Main
Street Markham to the entrance to the parking lot behind Scotia Bank.
Markham Village Festival
Date and Time: June 14, 2002 from 6:00
p.m. to 11:00 p.m., June 15, 2002 from 7:00 a.m. to 7:00 p.m. and June 16, 2002
from 9:00 a.m. to 6:00 p.m.
Streets: Main Street Markham from
Highway No. 7 north to Parkway Avenue.
Olden Days & Antique Cars Festival
Date & Time: August 25, 2002 from
9:00 a.m. to 6:00 p.m.
Streets: Main Street Markham from
Highway No. 7 north to Parkway Avenue.
Festival of Lights
Date & Time: November
29, 2002 from 6:00 p.m. to 11:00 p.m.
Streets: Main Street Markham from
Highway No. 7 north to Parkway Avenue. (3.5)
(By-law 2002-48)
107-2002 Proclamation –
National Missing Children's Day – May 25, 2002. (3.4)
108-2002 Liquor Licence
Application - Request to complete the Municipal Information Form for Hilton
Garden Inn Toronto/Markham, 300 Commerce Valley Drive East, Markham. (3.21)
Referred to Fire Chief
109-2002 Association of
Municipalities of Ontario - Forwarding information regarding firefighters who
volunteers are being pressured to resign as volunteers or lose their full time
jobs. (13.12.2)
9. BY-LAWS
Moved by
Councillor J. Virgilio
Seconded by
Councillor A. Chiu
That By-laws
2002-46 to 2002-50 be given three readings and enacted.
Three Readings
BY-LAW 2002-46 A by-law to authorize the execution of a Transfer of Easement
to the Catholic Cemeteries - Archdiocese of Toronto for lands legally described
as Part of the One Foot Reserve South End of Church Street, Plan 2386, for
egress purposes
(Clause 3, Report No. 15, 2002)
BY-LAW 2002-47 A by-law to authorize the closing of various streets to facilitate the
Unionville Festival (May 31 to June 2, 2002)
(Communication No. 105 - 2002)
BY-LAW 2002-48 A by-law to close various streets to facilitate Markham
Farmers' Market, Giant Community Garage Sale, Markham Village Festival, Olden
Days & Antique Cars Festival & Festival of Lights in 2002
(Communication No. 106-2002)
BY-LAW 2002-49 A by-law to amend Zoning By-law 122-72, as amended (Janet Mary
Harker, 18 River Bend Road - To permit the creation of two lots)
(Clause 10, Report No. 65, 2001)
BY-LAW 2002-50 A by-law to confirm the proceedings of the Council meeting of
March 26, 2002.
(Council
Meeting No. 7, 2002)
CARRIED
……………………………………………………..
Council
recessed at the hour of 10:30 p.m. to reconvene In-Camera as Council Committee
of the Whole to discuss a confidential property matter. Council reconvened at the hour of 11:55 p.m.
……………………………………………………..
10. OTHER BUSINESS
(1) MOTION
TO CONTINUE COUNCIL
MEETING PAST TWELVE MIDNIGHT
(16.23)
Moved by
Regional Councillor F. Scarpitti
Seconded by
Regional Councillor T. Wong
That approval
be granted to continue the Council meeting of March 26, 2002 past the hour of
twelve midnight.
CARRIED
……………………………………………………..
Council
recessed at the hour of 11:57 p.m. to reconvene In-Camera as Council Committee
of the Whole to discuss a confidential property matter. Council reconvened at the hour of 12:20 a.m.
……………………………………………………..
(2) JESSAMYN
HOLDINGS LTD.
GERMAN MILLS ROAD (10.7)
Moved by
Councillor D. Horchik
Seconded by Councillor J. Virgilio
That direction
to staff regarding the confidential property matter, be confirmed.
CARRIED
11. ADJOURNMENT
Moved by
Councillor J. Heath
Seconded by
Councillor J. Virgilio
That the
meeting do adjourn.
CARRIED
Council
adjourned at 12:23 a.m.
_________________________________ ____________________________________
SHEILA
BIRRELL, TOWN CLERK DON
COUSENS, MAYOR
(Signed)