2002-10-15 -7:00 p.m.
COUNCIL MINUTES Council Chamber, Civic Centre
Meeting
No. 17
(Canada
Room)
COMMITTEE
OF THE WHOLE
ROLL
CALL
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, Councillor J. Heath, Councillor D. Horchik, Councillor K. Usman,
Councillor A. Chiu. (10)
Regrets
Mayor D.
Cousens, Deputy Mayor F. Scarpitti, Regional Councillor G. Landon. (3)
Moved by
Councillor J. Heath
Seconded by
Councillor S. Daurio
That Regional
Councillor T. Wong be appointed Chair to preside over the October 15, 2002
Committee of the Whole and Council meetings.
CARRIED
Moved by
Councillor J. Virgilio
Seconded by
Councillor J. Heath
That Council resolve
itself into the Committee of the Whole to discuss the following:
(1) Region of York Rapid
Transit Progress Update to Date (5.14.7)
(2) Markham District Energy
Inc. Governance Issue (13.7)
(3) Appointments/Resignations
Main Street Markham Committee (16.24)
(4) Education Development
Charge Hearing Procedure (7.11)
(5) 9
Station Lane (10.5)
(6) Highway
407/Woodbine Avenue Interchange (5.10)
CARRIED
The Regular
Meeting of Council was held on October 15, 2002 at 7:05 p.m. in the Council
Chamber, Civic Centre. Acting Chair
Wong presided.
(Council
Chambers)
COUNCIL
ROLL
CALL
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, Councillor J. Heath, Councillor D. Horchik, Councillor K. Usman,
Councillor A. Chiu. (10)
Regrets
Mayor D.
Cousens, Deputy Mayor F. Scarpitti, Regional Councillor G. Landon. (3)
STAFF
J. Livey,
Chief Administrative Officer
J. Baird,
Acting Commissioner of Development
Services
S. Birrell,
Town Clerk
B. Cribbett,
Treasurer
D. McClean,
Fire Chief
P. Miller,
Acting Manager, Secretariat Services
B. Nanninga,
Executive Assistant
R. Robinson,
Town Solicitor
J. Sales,
Commissioner of Community & Fire
Services
1. DISCLOSURE OF PECUNIARY INTEREST
Councillor
J. Virgilio declared an interest with respect to Clause 10, Report No. 51
regarding the relocation of the "Noble House" to Markham Heritage
Estates, as he represents the owner, and did not take part in the consideration
of or discussion of or vote on the question of the approval of such matter.
Councillor
J. Virgilio declared an interest with respect to Clause (1), Other Business
regarding notice of proposed sale for the relocation of the "Noble
House" to Markham Heritage Estates, as he represents the owner, and did
not take part in the consideration of or discussion of or vote on the question
of the approval of such matter.
2. REPORT OF THE COMMITTEE OF THE WHOLE
Moved by
Councillor G. McKelvey
Seconded by
Councillor S. Daurio
That Council rise from the Committee of the
Whole and the Chairman report.
CARRIED
Acting Chair
T. Wong reported the following motions passed at the Committee of the Whole
meeting:
(1) REGION
OF YORK RAPID TRANSIT
PROGRESS UPDATE TO DATE
(5.14.7)
That the presentation by Mary-Frances Turner, Executive Coordinator,
and Sam Zimmerman, Project Manager - Phase 1, York Rapid Transit Plan,
providing a progress update to date on the status of the Region of York Rapid
Transit Plan and the tabled materials, be received.
(2) MARKHAM
DISTRICT ENERGY INC.
GOVERNANCE ISSUE (13.7)
That the confidential background information regarding the Markham
District Energy Inc. governance issue, be received;
And that the presentation by Bruce Anders, President, Markham District
Energy Inc., regarding the governance issue, be received;
And that the issues regarding the governance of Markham District Energy
Inc., as raised by Committee, be deferred and referred to staff for a report in
two weeks;
And that the Town's outside legal counsel (Borden Ladner Gervais), be
requested to be present.
(3) APPOINTMENTS/RESIGNATIONS
MAIN STREET MARKHAM COMMITTEE
(16.24)
Main Street Markham Committee
That the resignations of Ron Keeble and Eric Wheeler from the Main
Street Markham Committee be received with regret and letters of appreciation be
forwarded;
And that the vacancies not be filled until vacancies in all of the
advisory committees are considered later in the year;
Markham Public Library Board
That the resignation of Charles Mountain from the Markham Public
Library Board be received with regret and letters of appreciation be forwarded;
And that the vacancy not be filled until vacancies in all of the
advisory committees are considered later in the year.
(4) EDUCATION
DEVELOPMENT CHARGE
HEARING PROCEDURE (7.11)
That the review of procedures for an Educational Development Charge
Hearing presented by the Town Solicitor, be received.
(5) 9
STATION LANE (10.5)
That the verbal update from the Town Solicitor
with respect to receipt of a Statement of Claim in connection with the property
located at 9 Station Lane, be received;
And that staff be directed to take the
necessary steps to defend the Town against the Statement of Claim.
(6) HIGHWAY
407/WOODBINE AVENUE INTERCHANGE (5.10)
That approval be given to staff to forward a
letter to the Province of Ontario requesting it to exercise its Crown Right to
facilitate the purchase of land immediately to allow construction of the
southbound Woodbine Avenue to westbound Highway 407 access ramp to proceed
fall, 2002.
Moved by Councillor J. Virgilio
Seconded by Councillor E. Shapero
That the Report of the Committee of the Whole
be adopted, approved and confirmed.
CARRIED
3. MINUTES
(1) COUNCIL
MINUTES
- OCTOBER 1, 2002
Moved by
Councillor E. Shapero
Seconded by
Councillor S. Daurio
That the
Minutes of the Council Meeting held on October 1, 2002 be amended as follows:
That
Clause 4 Report No. 48 be further amended to include the following words in the
last paragraph after the words "…be directed to…":
"…expend resources only sufficient to…";
And, as
amended, they be adopted.
CARRIED
4. PRESENTATIONS
(1) FIRE
MARSHAL'S PUBLIC & LIFE SAFETY COMMITTEE
- PRESENTATION OF CHEQUE TO
JANICE YAN (12.2.6)
Council, Chief
McClean, and Richard Morris, Fire Marshal's Office, presented a cheque to
Janice Yan and her family for winning a contest hosted by the Fire Marshal's
Public and Life Safety Committee.
(2) MARKHAM FIREFIGHTING
STAFF
PRESENTATION OF CERTIFICATES AND PINS (12.2.6)
Council, Chief
McClean, Base Hospital Coordinator Mike O'Donnell, and Training Officer Mike
Bekking, recognized and presented certificates and pins to the following
Markham firefighting staff for their involvement in a resuscitation that
resulted in the saving of a life:
Captain Moser, accepted by Acting Captain
Dave Creighton
Firefighter A. Macoretta
Firefighter C. Almasy
Firefighter T. Murphy
Dispatcher L. Chepack
Dispatcher C. Maltais
(3) MILLIKEN MILLS LIONS
CLUB
- ACKNOWLEDGMENT FOR THE DONATION
TO THE MARKHAM FIRE DEPARTMENT
COMFORT BEAR PROGRAM (12.2.6)
Council
acknowledged & presented a certificate to the Milliken Mills Lions Club for
their donation of $500 to the Markham Fire Department Comfort Bear Program.
(4) MARKHAM
MUSEUM BOARD TED SCAYSBROOK MEMORIAL AWARD
- MR. ELMER HARDING (12.2.6)
Council and
Cathy Molloy, Markham Museum, presented the Markham Museum Board Ted Scaysbrook
Memorial Award to Mr. Elmer Harding for his extensive volunteer work in the gardens
of the Markham Museum.
(5) ST.
RENE GOUPIL CATHOLIC SCHOOL
PESTICIDE FREE MURAL (12.2.6)
Mr. Kerry Comiskey, Principal, and Mrs. Cupani, Grades 4 and 5 Teacher,
from St. Rene Goupil Catholic School presented Council with a pesticide free
mural made by the children of that school.
The following Grade 7 students performed for Council:
Morgan Luters
Amy Bajurny
Johanna Moonan
Ashley Ostridge
5. DELEGATIONS
Council
consented to add Delegations (2) & (3).
(1) HEARING - DEVELOPMENT
CHARGES
14TH AVE. HOME BUILDERS INC.
PART OF LOT 6, CONCESSION 6,
BEING PARTS 1, 2, 3, 4 AND 5, ON PLAN 65R-24268 (7.11)
Notice was served that the
Council of the Town of Markham would hold a Hearing on Tuesday, October 15,
2002 at 7:00 p.m. in the Council Chamber at the Civic Centre to hear a
complaint by 14th Ave. Home Builders Inc. regarding education development
charges for the property described as Part of Lot 6, Concession 6, being Parts
1, 2, 3, 4 and 5, on Plan 65R-24268, Markham.
ROLL
CALL
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, Councillor
J. Heath, Councillor D. Horchik, Councillor K. Usman, Councillor A. Chiu. (10)
Regrets
Mayor D.
Cousens, Deputy Mayor F. Scarpitti, Regional Councillor G. Landon. (3)
Moved by Councillor J.
Heath
Seconded by Councillor G.
McKelvey
That Councillor J.
Virgilio be appointed Chair to preside over the October 15, 2002 Education
Development Charges Hearing.
The Education Development
Charges Hearing was held on October 15, 2002 at 8:05 p.m. in the Council
Chamber, Markham Civic Centre.
Councillor J. Virgilio presided.
Council had before it a
Notice of the Hearing dated September 19, 2002, pursuant to Section 257.85 of
the Education Act, R.S.O. 1990,
c.E.2 to hear a complaint by 14th Ave. Home Builders Inc. with respect to the
property described as Part Lot 6, Concession 6, Markham, being Parts 1, 2, 3, 4
and 5, on Plan 65R-24268.
Phil Daniels, Phillip
Daniels, B.A., LLB., LL.M, Barrister and Solicitor, was in attendance on behalf
of 14th Ave. Home Builders Inc. and addressed Council to state the complaint
for his client as attached as Appendix 'A' to the original minutes on file in
the office of the Town Clerk.
Bruce McMeekin, Miller
Thomson, Barristers & Solicitors, was in attendance on behalf of the York
Region District School Board and the York Catholic District School Board and
addressed Council to state the defence to the complaint for his clients as
attached as Appendix 'B' to the original minutes on file in the office of the
Town Clerk.
The Town
Solicitor advised that pursuant to Section 257.85(1) of the Education Act, R.S.O. 1990, there are
three specific reasons a person can challenge the calculation of an education
development charge:
(a) the
amount of the education development charge was incorrectly determined;
(b) a
credit is or is not available to be used against the education development
charge, or that the amount of the credit was incorrectly determined; or
(c) there
was an error in the application of the education development charge by-law.
The
submissions and arguments were discussed at length. It was agreed that Council would recess in-camera to discuss the
matter and a written decision would be provided to each party within ten (10)
days.
The Education
Development Charge Hearing adjourned at 9:20 p.m.
……………………………..
Acting Chair
T. Wong resumed the Chair
……………………………..
Moved by
Regional Councillor B. O'Donnell
Seconded by
Councillor K. Usman
That Council
recess in-camera to consider the submissions at the October 15, 2002 Education
Development Charges Hearing.
CARRIED
Moved by Councillor K. Usman
Seconded by Councillor D. Horchik
That Council rise and report.
CARRIED
Acting Chair T. Wong
advised of the following motion passed at the in-camera meeting.
Moved by Councillor D.
Horchik
Seconded by Councillor K.
Usman
Upon hearing the submissions from the solicitors for the Complainant
(Phillip Daniels for 14th Ave. Home Builders Inc.) and the York Region District
and York Catholic District School Boards (Bruce McMeekin), and after
considering their written submissions (copies attached as appendices 'A' and
'B' to the original minutes on file in the office of the Town Clerk), the
Council for the Corporation of the Town of Markham hereby dismisses the
complaint for the following reasons:
(a) the amount of the education development charge was correctly
determined;
(b) a credit is not available to be used against the education
development charge; and
(c) there was no error in the application for the education
development charge by-law.
Moved by Councillor D. Horchik
Seconded by Councillor K. Usman
That the report of the Council in-camera session be adopted, approved
and confirmed.
CARRIED
(2) Helen Huppmann, 414 Bur
Oak Avenue, expressing concern and complaint about a barking and mistreated dog
being kept in a garage at 416 Bur Oak Avenue. (2.0)
(3) Michael Lopez, resident
affected by the barking dog at 416 Bur Oak Avenue expressing concern and
complaint. (2.0)
6. PETITION
Council
consented to add Petition 1.
(1) COMPLAINT
- DOG KEPT IN GARAGE AT
416 BUR OAK AVENUE (2.0)
A petition from twenty area residents and
information package forwarded by Helen Huppmann, 414 Bur Oak Avenue, expressing
complaint and concern regarding a barking dog being kept in a garage at 416 Bur
Oak Avenue.
Referred to Town Clerk
7(a) REPORT NO. 50 - TRANSPORTATION COMMITTEE
Council
consented to separate Clause 1.
Moved by Councillor
G. McKelvey
Seconded by
Regional Councillor B. O'Donnell
That Report
No. 50 - Transportation Committee be received and adopted.
September 30, 2002
(1) TRANSPORTATION DEMAND
MANAGEMENT
STRATEGIC PLAN (5.10 & 10.0 & 5.14)
And that
Regional Councillor F. Scarpitti and Councillor E. Shapero be appointed to the
Markham TMA Steering Committee;
And that
Councillor G. McKelvey and Councillor E. Shapero be appointed to the Civic
Centre TDM Steering Committee.
CARRIED
(See following recorded vote)
YEAS: Regional
Councillor T. Wong, Regional Councillor B. O'Donnell, Councillor E. Shapero,
Councillor J. Virgilio, Councillor G. McKelvey, Councillor J. Heath, Councillor
D. Horchik, Councillor K. Usman, Councillor A. Chiu. (9)
NAYS: Councillor S. Daurio. (1)
ABSENT: Mayor
D. Cousens, Deputy Mayor F. Scarpitti, Regional Councillor G. Landon. (3)
(2) PROPOSED PROPERTY ACQUISITION
RODICK ROAD/HIGHWAY
407 OVERPASS
HYDRO ONE NETWORKS INC. (8.6 & 13.7)
That the Mayor
and Clerk be authorized to execute an agreement with Hydro One Networks Inc. in
a form satisfactory to the Town Solicitor and the Chief Administrative Officer
to acquire the property required to construct the Rodick Road/Highway 407
Overpass.
And that the
Mayor and Clerk be authorized to execute a Construction and Transfer Agreement
with Hydro One Networks Inc. in a form satisfactory to the Town Solicitor and
CAO to permit the construction of the Rodick Road/Highway 407 overpass.
And further that the acquisition of the property be funded from the Engineering
Department’s Capital Budget (account # 83-5350-3752-005) in the amount of
$74,000.00.
(3) OTHER
COMMITTEE PROCEEDINGS
- MINUTES OF TRANSPORTATION
COMMITTEE MEETING – SEPTEMBER
30, 2002 (16.0)
CARRIED
7(b) REPORT NO. 51 - FINANCE &
ADMINISTRATIVE COMMITTEE
Council
consented to separate Clause (10).
Moved
by Councillor K. Usman
Seconded
by Councillor S. Daurio
That
Report No. 51 - Finance & Administrative Committee be received and adopted.
October 7, 2002
(1) RELEASE OF SITE PLAN
CONTROL AGREEMENT
ANTHONY CITRULLO AND COSIMO CRUPI - TEMPORARY
GOLF DRIVING RANGE AND MINIATURE GOLF COURSE
(PART OF LOT 17, CONCESSION 7, MARKHAM (HIGHWAY 48
NORTH OF 16TH AVENUE) (8.2)
That
a by-law be enacted authorizing the Mayor and Clerk to execute a release of a
Site Plan Control Agreement between Harold Hung Sik Kim et al, as owners,
Anthony Citrullo and Cosimo Crupi as tenants, and the Town for the temporary
location of a golf driving range and miniature golf course, in a form
satisfactory to the Town Solicitor.
(By-law 2002-229)
(2) GRANTS AND SPONSORSHIP GUIDELINES (7.6
& 2.1)
That
the grants and sponsorship guidelines be amended to:
- provide for a maximum funding limit for
sponsorship of tables and other sponsorship events category be set at
$15,000.00
- establish a maximum funding for
sponsorship of a table and any other type of sponsorship request of
$3,000.00;
And
that the maximum funding in any year, to any one organization, not exceed
$4,000.00
(3) AWARD OF TENDER 154-T-02 FOR THE
CONSTRUCTION
OF WHITE'S HILL PARKETTE
(7.12)
That
tender 154-T-02 for the construction of White's Hill Parkette be awarded to the
lowest acceptable bidder, Cambium Site Contracting in their tender amount of
$89,507.64 inclusive of 7% GST ($86,161.56 inclusive of 3% GST);
And
that funds be provided from Urban Design's 2001 Capital Budget account #
81-5350-3630-005;
And
further that an additional $18,617.06 be allocated to this project and
transferred from 2000 Capital Account # 81-5350-3601-005 to account #
81-5350-3630-005 such that the total approved capital budget increases from
$76,800.00 to $95,417.06 (inclusive of 3% GST) in order to cover all
anticipated expenses associated with the design, construction and contract
administration of White's Hill Parkette in Cornell.
(4) REQUEST FOR PURCHASE OF TICKETS FOR
"AN EVENING OF HOPE"
FUNDRAISING GALA
FOR YORK REGION ABUSE PROGRAM
(12.2.6)
That
the request for support of "An Evening of Hope" fundraising gala for
York Region Abuse Program, being held on October 25, 2002 in Newmarket, be
received;
And
that the Mayor's Office donate a silent auction item on behalf of Council.
(5) REQUEST FOR PURCHASE OF A TABLE OF 10
FOR
"THE SILVER JUBILEE
BALL" FOR
YORK CENTRAL HOSPITAL (12.2.6)
That
the Town of Markham purchase a table of 10 at a cost of $2,500 for "The
Silver Jubilee Ball" for York Central Hospital, to be held on November 8,
2002 at LeParc; such amount to be charged to account #840 8415840.
(6) REQUEST FOR PURCHASE OF SPONSORSHIP
PACKAGE
FOR A TABLE OF 10 AT "THE
CHARLES SAURIOL
ENVIRONMENTAL LAND TRUST
DINNER
NOVEMBER 14, 2002 (12.2.6)
That
the Town of Markham purchase a sponsorship package for a table of 10 at a cost
of $2,000 for "The Charles Sauriol Environmental Land Trust Dinner",
to be held on November 14, 2002 at LeParc, in support of the Conservation
Foundation of Greater Toronto in partnership with the Oak Ridges Moraine Land
Trust.
(7) REQUEST FOR PURCHASE OF TWO TABLES
OF 10 FOR MARKHAM PRAYER
BREAKFAST
NOVEMBER 14, 2002 (12.2.6)
That
the Town of Markham purchase 2 tables of 10 for the Markham Prayer Breakfast to
be held on November 14, 2002 at LeParc Banquet Hall, at a cost of $250.00 per
table: one table for Council and one table for the Mayor's Youth Task Force;
And
that the total cost of $500.00 be charged to account #840 8415840.
(8) REQUEST FOR PURCHASE OF TICKETS FOR
DON COUSENS KIDNEY FOUNDATION
LUNCHEON
OCTOBER 28, 2002 (12.2.6)
That
the Town of Markham purchase a Gold Sponsorship at a cost of $5,000, including
services in kind, for the Don Cousens Kidney Foundation Luncheon, to be held on
October 28, 2002 at the Hilton Suites Hotel, and that such cost be charged to
account #840 841 5840.
(9) VARLEY ART GALLERY COPYRIGHT
AGREEMENT WITH ART GALLERY OF
ONTARIO (6.12)
That
the Mayor and Clerk be authorized to execute an agreement between the Art
Gallery of Ontario and the Town of Markham, providing for the administration by
the Art Gallery of Ontario of all copyright applications for artistic works by
Frederick H. Varley, on behalf of the Town of Markham;
And
that a letter of appreciation be forwarded to Mr. Bill Withrow, representative
of the Varley Art Foundation Board, for his involvement in the finalization of
this agreement.
(10) RELOCATION OF THE "NOBLE HOUSE"
TO MARKHAM
HERITAGE ESTATES, FINANCIAL
CAPABILITY OF
APPLICANT AND LOT SELECTION
(16.11 & 8.7)
That
the report on the financial capability of the applicants to purchase a lot and
successfully undertake the relocation and restoration of the Ambrose Noble
House at the Markham Heritage Estates be received and endorsed;
And
that Lot 38, Plan 65M-2761 (Heritage Subdivision) be declared surplus to the
Town's need and made available for sale to the applicants;
And
that the fourteen (14) day notice period of the proposed sale of the above
lands, be placed on the next Council agenda, or subsequent date, in accordance
with the Town of Markham By-law No. 178-96 (Sale of Surplus Real Property);
And
that a by-law be enacted authorizing the Mayor and Clerk to execute an
Agreement of Purchase and Sale between David Haldenby and Marie Jones and the
Town of Markham together with the transfer/deed of land and any other required
closing documentation in a form satisfactory to the Town Solicitor;
And
that when a building permit is issued for Lot 38, Plan 65M-2761, that the
property be exempt from all of the Town's current development charges in
accordance with Town of Markham By-law No. 147-99 (Town Wide Hard Services) and
Town of Markham By-law 148-99 (Town Wide Soft Services);
And
that in providing the above exemption it is acknowledged that if or when a
residence is built on the property at 9251 Highway 48, the property is subject
to any applicable development charges.
CARRIED
(Councillor J.
Virgilio abstained)
(11) RELOCATION OF THE "BRUMWELL
HOUSE" TO MARKHAM
HERITAGE ESTATES, FINANCIAL
CAPABILITY OF
APPLICANT AND LOT SELECTION
(16.11 & 8.7)
That
the report on financial capability of the applicants to purchase a lot and
successfully undertake the relocation and restoration of the Wilmot Brumwell
House at the Markham Heritage Estates be received and endorsed;
And
that Lot 11, Plan 65M-2761 (Heritage Subdivision) be declared surplus to the
Town's need and made available for sale to the applicants;
And
that the fourteen (14) day notice period of the proposed sale of the above
lands, be placed on the next Council agenda, or subsequent date, in accordance
with the Town of Markham By-law No. 178-96 (Sale of Surplus Real Property);
And
that a by-law be enacted authorizing the Mayor and Clerk to execute an
Agreement of Purchase and Sale between Kim Morgan and Chris Keeley and the Town
of Markham together with the transfer/deed of land and any other required
closing documentation in a form satisfactory to the Town Solicitor;
And
that when a building permit is issued for Lot 11, Plan 65M-2761, that the
property be exempt from all of the Town's current development charges in
accordance with Town of Markham By-law No. 147-99 (Town Wide Hard Services) and
Town of Markham By-law 148-99 (Town Wide Soft Services);
And
that in providing the above exemption it is acknowledged that if or when a
residence is built on the property at 10391 Woodbine Avenue, the property is
subject to any applicable development charges.
(12) OTHER
COMMITTEE PROCEEDINGS
- MINUTES OF
FINANCE & ADMINISTRATIVE
COMMITTEE MEETING – OCTOBER 7,
2002 (16.0)
CARRIED
7(c) REPORT NO. 52 - DEVELOPMENT SERVICES
COMMITTEE
Moved by
Councillor G. McKelvey
Seconded by
Regional Councillor B. O'Donnell
That Report
No. 52 - Development Services Committee be received and adopted.
October 8, 2002
(1) DEVELOPING
A STRATEGY FOR
THE HIGHWAY 7 CORRIDOR (10.0, 13.4)
That
York Region's "A Vision for Highway 7" dated June 27, 2002, and
"Update on Fiscal Policy and Growth Management in York Region" dated
October 3, 2002, be received;
And
that the presentation by Town of Markham staff and John Waller, Director of
Long Range and Strategic Planning for York Region, regarding the Highway 7
Corridor, be received;
And that the
Report entitled “Developing a Strategy for the Highway 7 Corridor”, dated
October 8, 2002, be received, and that Council authorize staff to develop a
comprehensive Strategy for the Highway 7 Corridor in Markham to address land
use, transportation and financial matters as outlined in the Report;
And that the
identified Rapid Transit Corridor Planning Principles be endorsed as a
framework for future decisions by the Town regarding land use, development,
transportation, infrastructure and financial approvals relating to lands and
services in the Highway 7 Corridor;
And that all
future reports to Council or Committees involving such decisions identify the
relationship of the required decisions to the principles framework;
And
that staff be authorized to continue work with the Region of York and York
Consortium 2002 to further develop an understanding of the planning and
schedule for required decisions to implement rapid transit service in the
Highway 7 Corridor;
And that staff
identify the requirements for an amendment to the Official Plan to establish
land use, transportation and related policies for the Highway 7 Corridor,
reflecting the work with the Region and the Environmental Assessment Study for
the Highway 7 Corridor Transitway;
And that staff, in consultation with the
Region and York Consortium 2002, seek to identify possible senior government
financial support and other financial opportunities relating to the delivery of
rapid transit infrastructure and service and the establishment of development
policies/standards supportive of rapid transit service in the Highway 7
Corridor;
And
that requirements for work/resources in relation to developing a strategy for
the Highway 7 Corridor be incorporated in the 2003 Business Plan and Budget
Submissions of Town Departments, as required;
And further
that staff be authorized to submit an expression of interest to the Province of
Ontario to have the Markham Centre/Highway 7 Corridor area considered as a
candidate area for the Tax Incentive Zone Pilot Program.
(2) THE OAK RIDGES MORAINE CONSERVATION PLAN
REGULATION 140/02 (M1.204)(2.0, 13.2.5)
That
the staff report entitled “Regulation
140/02 - The Oak Ridges Moraine Conservation Plan”, dated October
8, 2002, be received and a copy forwarded to the Region of York and Ministry of
Municipal Affairs and Housing;
And that the
Oak Ridges Moraine Official Plan Amendment timelines be endorsed;
And further
that a Public Information Meeting be scheduled before the end of the year to
advise landowners of the legislative requirements.
(3) STORM
SEWER EXTENSION FROM MARKET VILLAGE
TO TURFF AVENUE THROUGH 82 OLD KENNEDY ROAD
AND CROSSING OF GO TRANSIT RAIL LINE (5.5)
That
the Mayor and Clerk be authorized to execute an Underground Pipe Crossing
Agreement with the Greater Toronto Transit Authority (GO Transit) for the
construction of a storm sewer, in a form satisfactory to the Town Solicitor;
And
that the storm sewer be extended through 82 Old Kennedy Road to service the
external drainage area;
And
that funds (±$50,000.00) for construction of
a portion of the storm sewer be included in the Engineering Department’s 2003
Capital Budget to be financed through Development Charges;
And
that the Town’s Purchasing By-law 143-2000 be waived and the Director of
Engineering be authorized to negotiate the Town’s share of the storm sewer
extension costs with the owner of 82 Old Kennedy Road, which property owner is
to undertake the construction program;
And
further that the oversizing and construction of the sanitary sewer by the owner
of 82 Old Kennedy Road represent that property owner’s contribution towards the
proposed Area Specific Development Charge By-law for the area, and that no
further Area Specific Development Charge
contribution be owing for the development at 82 Old Kennedy Road as
currently approved (Site Plan file sc. 00-234063). This will be provided for in the site plan agreement, along with provision that the owner will not
initiate any claim for future compensation through the ASDC for construction of
the sewer, including oversizing.
(4) REVIEW OF MARKHAM
FENCE BY-LAW NO. 277-97 (10.0)
That the Memorandum from Scott Heaslip, dated
October 4, 2002, regarding a motion from the October 1, 2002 Council meeting
with respect to a review of the Markham Fence By-law no. 277-97, be received;
And that staff be directed to prepare the
required amendment to Fence By-law 277-97;
And that the affected residents be notified
of Council's intent.
(5) OTHER
COMMITTEE PROCEEDINGS
- MINUTES OF DEVELOPMENT
SERVICES
COMMITTEE MEETING – OCTOBER 8,
2002 (16.0)
CARRIED
7(d) REPORT NO. 53 - AUDIT COMMITTEE
October 7, 2002
(1) AUDITORS' MANAGEMENT LETTER FOR 2001
(7.2)
That
Council receive and approve the October 7, 2002 report entitled "Auditors'
Management Letter for 2001" attached as Appendix 'C' to the original
minutes on file in the office of the Town Clerk.
(2) APPOINTMENT OF AUDITORS FOR THE
2002 FISCAL YEAR
END (7.2)
That
Council appoint KPMG, LLP as the Town's auditors to complete the review of the
Town's financial records for the year ending December 31, 2002;
And
that Council appoint KPMG, LLP as the external auditors for the Town's Agencies,
Boards and Commissions.
(3) OTHER COMMITTEE
PROCEEDINGS
- MINUTES OF AUDIT COMMITTEE MEETING
- OCTOBER 7, 2002 (16.0)
CARRIED
8. MOTIONS
Council consented to add Motions (1) to (3).
(1) COMPLAINT
- DOG KEPT IN GARAGE AT
416 BUR OAK AVENUE (2.0)
Moved by Councillor J. Virgilio
Seconded by Councillor K. Usman
That the petition signed by several area
residents and information package from Helen Huppmann, 414 Bur Oak Avenue,
expressing complaint and concern regarding a barking dog being kept in a garage
at 416 Bur Oak Avenue, be received;
And that staff be directed to continue
efforts to resolve this issue.
CARRIED
(2/3rd vote to consider was
required and obtained)
(2) LIQUOR LICENCE
APPLICATION - REQUEST TO COMPLETE THE MUNICIPAL INFORMATION FORM FOR MIX2 KTV
& BILLIARDS, 1661 DENISON STREET, MARKHAM. (INDOOR AREA). (3.21)
Moved by Councillor A. Chiu
Seconded by Councillor K. Usman
That the Liquor Licence application -
Municipal Information Form request for MIX2 KTV & Billiards, 1661 Denison
Street, Markham, be referred for consideration to the Milliken Mills
Subcommittee;
And that the Alcohol and Gaming Commission of
Ontario be advised of the delay.
CARRIED
(2/3rd vote to consider was
required and obtained)
(3) INTERNATIONAL COUNCIL
FOR LOCAL ENVIRONMENT INITIATIVES - INVITATION TO PARTICIPATE IN THE NATIONAL
GUIDE TO SUSTAINABLE MUNICIPAL INFRASTRUCTURE FORUM - MONDAY, NOVEMBER 4, 2002
- REGIONAL MUNICIPALITY OF HALTON (13.2)
Moved by Councillor E. Shapero
Seconded by Councillor S. Daurio
That the invitation from the
International Council for Local Environment Initiatives to municipal elected
officials and senior staff to participate in the National Guide to Sustainable
Municipal Infrastructure Forum on Monday, November 4, 2002 from 11:00 a.m. to
4:00 p.m. in the Regional Municipality of Halton's Council Chambers, 1151
Bronte Road, Oakville, be received;
And that staff of the Community
Services Commission be requested to attend and report back to the Community
Services and Environment Committee.
CARRIED
(2/3rd vote to consider was
required and obtained)
9. COMMUNICATIONS
Council
consented to add Communications 293-2002 to 295-2002.
Moved by
Councillor A. Chiu
Seconded by
Councillor K. Usman
That Council
receive and consent to the disposition of communications in the following
manner:
Received
282-2002 Secretary of
State - Advising that the Government of Canada has significantly augmented
provincial and local resources available for priority infrastructure projects,
through the participation in the Canada-Ontario Infrastructure Program. (13.1)
283-2002 York Region Human
Services Planning Coalition - Forwarding information & an invitation to
municipal council, municipal staff and residents regarding the "inFORUM
YORK", which is a series of forums scheduled to commence this fall to
educate and inform people about human service issues and trends. (13.4)
284-2002 International
Making Cities Livable Conference - Advising that 35th Conference will take
place in Monterey/Carmel, California from December 8 to 12, 2002. (11.12)
285-2002 Markham Public
Libraries - Forwarding the resignation of Board Member Mr. Charles Mountain.
(3.19)
295-2002 Mr. Glenn Baron -
verbal request from Mr. Glenn Baron that, as he is unable to attend the October
15, 2002 Council meeting, Report No. 51, Clause 12(12) regarding financial
requirements for the severance at 251 Helen Avenue be deferred to the October
29, 2002 Council meeting. (10.12 &
10.0)
Referred to all Members of Council
286-2002 Liquor
Licence Application - Request to complete the Municipal Information Form for
MIX2 KTV & Billiards, 1661 Denison Street, Markham. (indoor areas). (3.21) See
Motion (2)
287-2002 Liquor
Licence Application - Request to complete the Municipal Information Form for
Satsuki Japanese Restaurant, 9255 Woodbine Avenue, #26, Markham. (indoor
areas). (3.21)
288-2002 Proclamation -
October 20 to 26, 2002 - School Bus Safety Week. (3.4)
289-2002 Markham
District Veterans Association - Requesting permission to hold its annual
Remembrance Day Parade and Ceremony on November 9, 2002 and Poppy Drive from
November 1 to 10, 2002. (3.5.6)
290-2002 The Ontario
Ground Water Association (OGWA) - Forwarding an invitation to elected
officials, staff and general public to an onsite meeting on October 25, 2002
from 10:00 a.m. to approximately 2:00 p.m. at the farm of Earl and Heather
Morwood, 7216 Aberfeldy Line (near Alvinston, off Nauvoo Road/Hwy. 79). (5.3)
293-2002 International
Council for Local Environment Initiatives - Forwarding an invitation to
municipal elected officials and senior staff to participate in the National
Guide to Sustainable Municipal Infrastructure Forum on Monday, November 4, 2002
from 11:00 a.m. to 4:00 p.m. in the Regional Municipality of Halton's Council
Chambers, 1151 Bronte Road, Oakville. (13.2) See Motion
(3)
294-2002 Proclamation -
October 21 to 27, 2002 - Ontario Public Library Week. (3.4)
Referred to the Advisory Committee On
Accessibility
291-2002 The Regional
Municipality of York - Forwarding information and the membership for the
Interim Accessibility Advisory Committee. (13.4)
Referred to the Commissioner of Development
Services
292-2002 Sam Orrico -
Reiterating his concerns regarding the need to minimize dust at construction
sites (10.0)
CARRIED
10. OTHER BUSINESS
Council
consented to separate Clause (1).
Moved by
Councillor J. Heath
Seconded by
Councillor K. Usman
That Clauses
(1) & (2) - Other Business be received and adopted.
Clauses (1) & (2)
NOTICES OF PROPOSED SALE
TOWN OF MARKHAM
PROPOSED SALE OF SURPLUS REAL PROPERTY
(Pursuant to By-law 178-96)
(1) RELOCATION OF THE "NOBLE
HOUSE" TO MARKHAM
HERITAGE ESTATES (16.11 &
8.7)
That the
notice of sale for the Town owned lands legally described as Lot 38, Plan
65M-2761 (Noble House), be confirmed.
(Clause 10, Report No. 51, 2002)
CARRIED
(Councillor J. Virgilio
abstained)
(2) RELOCATION
OF THE "BRUMWELL HOUSE" TO MARKHAM
HERITAGE ESTATES (16.11 &
8.7)
That the
notice of sale for the Town owned lands legally described as Lot 11, Plan
65M-2761 (Brumwell House), be confirmed.
(Clause 11, Report No. 51, 2002)
CARRIED
11. BY-LAWS
Moved by
Councillor K. Usman
Seconded by
Councillor A. Chiu
That By-laws 2002-229
to 2002-231 be given three readings and enacted.
Three Readings
BY-LAW 2002-229 A by-law to authorize the execution of a Release of a Site Plan
Control Agreement between Harold Hung Sik Kim, et al and the Town of Markham
for lands legally described as Part of Lot 17, Concession 7, designated as Part
1, Plan RS-1174, Markham.
(Clause 1, Report No. 51, 2002)
BY-LAW 2002-230 A by-law to dedicate certain lands as part of the highways of the
Town of Markham (Block 199, Plan 65M-2293 - Cartmel Drive; Block 99, Plan
65M-3481 - Dynasty Drive; Block 100, Plan 65M-3481 - Thornton Street and Block
101, Plan 65M-3481 - Worthing Avenue)
(Council Meeting No. 17, 2002)
BY-LAW 2002-231 A by-law to confirm the proceedings of the Council meeting of
October 15, 2002.
(Council
Meeting No. 17, 2002)
12. ADJOURNMENT
Moved by
Councillor A. Chiu
Seconded by
Councillor K. Usman
That the
meeting do adjourn.
CARRIED
Council
adjourned at 10:35 p.m.
_________________________________ ____________________________________
TOWN CLERK MAYOR
(Signed)