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                                                                                                                                    2006-12-19

COUNCIL MINUTES  Council Chamber, Civic Centre

Meeting No. 2

 

COMMITTEE OF THE WHOLE (Canada Room)

ROLL CALL

Mayor F. Scarpitti, Regional Councillor J. Heath, Regional Councillor T. Wong, Regional Councillor G. Landon, Councillor V. Burke, Councillor J. Virgilio, Councillor J. Webster, Councillor D. Horchik, Councillor L. Kanapathi, Councillor A. Chiu. (10)

 

REGRETS

Deputy Mayor J. Jones, Councillor E. Shapero, Councillor C. Moretti. (3)

 

Moved by Councillor A. Chiu

Seconded by Councillor J. Virgilio

 

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

 

(1)        Appointment of Library Board Trustees- Recommendations Of The Board (3.19)

(2)        Markham Stouffville Hospital Board Appointment (16.24)

(3)        Committee of Adjustment Interview Committee Appointment (16.24)

(4)        Advisory Board/Committee Appointments - Victoria Square Community Centre Board (16.24)

(5)        Town-Wide Asphalt Maintenance Purchase Order Increase (7.12.2)

(6)        1617834 Ontario Limited, 156 Bullock Drive, Zoning By-Law Amendment to Permit A Restaurant Use (Za 05 026995) (10.5)

(7)        Amendments to Development, Building and Town-Wide Fee By-Laws – Development Services Commission (10.13 & 2.0)

(8)        2007 Water/Wastewater Rate Increase (7.4 & 7.5)

(9)        Early Capital Approval for Two Art Gallery Projects (6.12 & 7.5)

(10)      2006 Collective Bargaining Between the Corporation of The Town of Markham and the Markham Professional Firefighters’ Association (11.6)

(11)      National Research Council Project Status Report (10.16)

(12)      Property Matter (10.0)

 

CARRIED

 

 

The Regular Meeting of Council was held on December 19, 2006 at 1:00 p.m. in the Council Chamber, Civic Centre.  Mayor F. Scarpitti presided.

 


 

COUNCIL (Council Chambers)

ROLL CALL

Mayor F. Scarpitti, Regional Councillor J. Heath, Regional Councillor T. Wong, Regional Councillor G. Landon, Councillor V. Burke, Councillor J. Virgilio, Councillor J. Webster, Councillor D. Horchik, Councillor L. Kanapathi, Councillor A. Chiu. (10)

 

REGRETS

Deputy Mayor J. Jones, Councillor E. Shapero, Councillor C. Moretti. (3)

 

 

STAFF

J. Livey, Chief Administrative Officer

J. Baird, Commissioner of Development Services

J. Sales, Commissioner of Community & Fire Services

A. Taylor, Commissioner of Corporate Services

S. Birrell, Town Clerk

K. Kitteringham, Deputy Clerk

C. Conrad, Town Solicitor

B. Cribbett, Treasurer

B. Nanninga, Executive Assistant

J. Wong, Technology Support Specialist

 

 

 

1.         DISCLOSURE OF PECUNIARY INTEREST

 

- None Declared

 

 

 

2.         REPORT OF THE COMMITTEE OF THE WHOLE

 

 

Moved by Councillor A. Chiu

Seconded by Councillor J. Virgilio

 

That Council rise from the Committee of the Whole and the Chairman report.

CARRIED

 

 

Mayor F. Scarpitti reported the following motions passed at the Committee of the Whole meeting:


 

(1)        APPOINTMENT OF LIBRARY BOARD TRUSTEES
            - RECOMMENDATIONS OF THE BOARD (3.19)

              Letter

 

That the recommendations of the Town of Markham Library Board regarding the appointment of Library Board Trustees be received.

 

 

(2)        MARKHAM STOUFFVILLE HOSPITAL BOARD APPOINTMENT (16.24)

 

Whereas Mayor Scarpitti has been appointed to the Markham Stouffville Hospital Board as the Region of York representative;

 

Therefore, be it resolved that the appointment of Mayor Scarpitti as the Town of Markham representative be rescinded and Councillor Horchik be appointed as the Town’s representative.

 

 

(3)        COMMITTEE OF ADJUSTMENT INTERVIEW
            COMMITTEE APPOINTMENT (16.24)

 

That the Committee of Adjustment Interview Committee be comprised of the following members:

 

Dan Horchik

John Webster

Alex Chiu

Joseph Virgilio

Mayor Scarpitti (Ex-Officio)

 

 

(4)        ADVISORY BOARD/COMMITTEE APPOINTMENTS
            VICTORIA SQUARE COMMUNITY CENTRE BOARD (16.24)

 

That the following appointments be confirmed:

 

Victoria Square Community Centre Board

 

Names                                                                         Term to expire

Edith Friedel                                                                 Dec. 31, 2007

Ruth Brock                                                                   Dec. 31, 2007

Joy Mortson                                                                 Dec. 31, 2007

Jean McCron                                                               Dec. 31, 2007

Don Boynton                                                                Dec. 31, 2007

 


 

(5)        TOWN-WIDE ASPHALT MAINTENANCE PURCHASE
            ORDER INCREASE (7.12.2)

              Report

 

That the report “Town-wide Asphalt Maintenance Purchase Order Increase” be received;

 

And that approval be granted for Blanket Purchase Order B6-25 to D. Crupi & Sons Ltd to be increased by $429,530.00.

 

And further that the expenditure control policy be amended to allow the CAO or Treasurer to amend the Blanket Purchase Order to combine budgeted projects into a single account.

 

 

(6)        1617834 ONTARIO LIMITED, 156 BULLOCK DRIVE
            ZONING BY-LAW AMENDMENT TO PERMIT A
            RESTAURANT USE (ZA 05 026995) (10.5)

            Report  Attachment 

 

That the deputations by Terry Brown, 128 Sherwood Forest Drive, and James Worsley, 126 Sherwood Forest Drive, with concerns regarding the proposal by 1617834 Ontario, 156 Bullock Drive, be received;

 

And that this item be deferred pending an update from staff on required undertakings and site plan conditions to address outstanding issues.

 

 

(7)        AMENDMENTS TO DEVELOPMENT, BUILDING
            AND TOWN-WIDE FEE BY-LAWS – DEVELOPMENT
            SERVICES COMMISSION (10.13 & 2.0)

            Report   Attachment A  B  C  D  E  F  G  UpdateMemo

 

That the Staff Memorandum dated December 19, 2006, dealing with proposed amendments to Development, Building and Town Wide Fee By-laws, be received;

 

And that the proposed amendments be referred to a public meeting of Development Services Committee, to be held on January 16, 2007.

 

 

(8)        2007 WATER/WASTEWATER RATE INCREASE (7.4 & 7.5)

              Report  AppA  By-law

 

That the report dated December 19, 2006 entitled “2007 Water/Wastewater Rate Increase” be received;


 

And that the Town of Markham’s water/wastewater rate be increased by $0.0929 per cubic metre effective January 1, 2007 to $1.5838 per cubic metre;

 

And that By-Law 2002-276, the bylaw on fees and charges for services or activities provided or performed by the Town of Markham, be amended to reflect the increase in water/wastewater rate.

(By-law 2007-9)

 

 

(9)        EARLY CAPITAL APPROVAL FOR TWO
            ART GALLERY PROJECTS (6.12 & 7.5)

             Report

 

That the report titled Early Capital approval for two 2007 Art Gallery Projects be received;

 

And that Council pre-approve the 2007 Art Gallery Capital projects –  #7528 Painting Interior Gallery  & Epoxy Floor Paint in the amount of $25,700 and #7630 Gallery Floor Refinishing in the amount of $11,600 with funding provided from the Life Cycle Replacement and Capital Reserve;

 

And that Staff be authorized and directed to do all things necessary to give effect to this resolution.

 

 

(10)      2006 COLLECTIVE BARGAINING BETWEEN THE
CORPORATION OF THE TOWN OF MARKHAM AND
THE MARKHAM PROFESSIONAL FIREFIGHTERS’
ASSOCIATION (11.6)

 

That the Corporation of the Town of Markham (the Corporation) ratify the Collective Agreement as agreed to on November 8, 2006 by the Negotiation Committees appointed by the Corporation and the Markham Professional Firefighters’ Association (MPFFA) and subsequently ratified by the MPFFA membership on November 23, 2006.

 

 

(11)      NATIONAL RESEARCH COUNCIL PROJECT STATUS REPORT (10.16)

 

That the report dated December 19, 2006, entitled “National Research Council Project Status Report” be received.

 


 

Moved by Councillor A. Chiu

Seconded by Councillor J. Virgilio

 

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

 

CARRIED

 

 

 

3.         MINUTES

 

(1)        COUNCIL MINUTES - NOVEMBER 28 AND DECEMBER 5, 2006

 

Moved by Councillor A. Chiu

Seconded by Councillor D. Horchik

 

That the Minutes of the Council Meetings held on November 28 and December 5, 2006, be adopted.

 

CARRIED

 

 

 

4(a)      REPORT NO. 1 - GENERAL COMMITTEE

 

Moved by Councillor J. Virgilio

Seconded by Regional Councillor G. Landon

 

That Report No. 1 - General Committee (December 11, 2006) be received and adopted.

 

(1)        2007 INTERIM TAX LEVY AND BY-LAW (7.3)

            Report

 

That Council authorize an interim tax levy for 2007;

 

And that the attached by-law be passed to authorize the 2007 interim tax levy.

(By-law 2007-2)

 


 

(2)        BY-LAW TO AUTHORIZE TEMPORARY BORROWING (7.0)

            Report   By-law

 

That a by-law be brought forward for Council approval to authorize the temporary borrowing, if required, of an amount not to exceed $101,340,584 from January 1, 2007 to September 30, 2007 and $50,670,292 from October 1, 2007 to December 31, 2007 to meet the current expenditures of the Corporation until taxes are collected and other revenues are received, subject to Council approval.

(By-law 2007-3)

 

 

(3)        INTERIM SPENDING AUTHORITY PENDING
            APPROVAL OF 2007 BUDGET (7.4 & 7.5)

            Report

 

That Council receive the report “Interim Spending Authority Pending Approval of 2007 Budget” dated December 11, 2006;

 

And that Council approve 50% of the 2006 Operating Budget equal to $101,340,584 as a pre-budget approval for 2007 operating expenditures.

 

 

(4)        DEVELOPMENT CHARGES INDEXING JANUARY 1, 2007 (7.11)

            Report   Attachment

 

That the report entitled “Development Charges Indexing January 1, 2007” be received;

 

And that Council approve an increase in development charges of 4.02%, effective January 1, 2007.

 

 

(5)        2007 COUNCIL/COMMITTEE MEETING CALENDAR (16.0)

            Attachment  FinalCalendar

 

That the 2007 calendar, as amended, for Council and Standing Committee meetings be approved.

 

 

CARRIED

 

 


 

4(b)      REPORT NO. 2 - DEVELOPMENT SERVICES COMMITTEE

 

Moved by Councillor J. Webster

Seconded by Councillor D. Horchik

 

That Report No. 2 - Development Services Committee (December 12, 2006) be received and adopted.

 

(1)        TRI-BLOCK GROUP LTD.
            WHITE’S HILL AVENUE IN THE CORNELL COMMUNITY
            REZONING APPLICATION TO PERMIT 6 SEMI-DETACHED
            DWELLINGS (ZA 04 015352) (10.5)

            Report  Attachment 

 

That the staff report entitled “Recommendation Report. Rezoning application by Tri-Block Group Ltd to permit 6 semi-detached dwellings on White’s Hill Avenue in the Cornell Community,” dated December 12, 2006, be received;

 

And that zoning amendment application (ZA 04-015352) to amend By-law 304-87 and By-law 177-96, as amended, submitted by Tri-Block Group Ltd for lands on White’s Hill Avenue, be approved and the draft implementing zoning by-laws attached as Appendix ‘A’ be finalized and enacted;

 

And that servicing allocation for 5 semi-detached units (15.1 population) be granted to Tri-Block Group Ltd from the total servicing allocation granted to the Cornell Community to date by the Town and the Region of York;

 

And that the Region of York be advised of the servicing allocation for this development;

 

And that the Town reserve the right to revoke or reallocate servicing allocation at its sole discretion; 

 

And that the applicant agree to pay their proportionate share of the Highway 48 flow control measures, to the satisfaction of the Director of Engineering.

(By-laws 2007-4 & 2007-5)

 

 

(2)        REQUEST FOR APPROVAL TO SHORT-LIST CONSULTANTS
            FOR THE YONGE-STEELES CORRIDOR STUDY (10.8)

            Report   Attachment  

 

That the report entitled: “Request for Approval to Short-list consultants for the Yonge-Steeles Corridor Study” be received;


 

And that staff be authorized to send requests for proposals for the above noted study to five lead consulting firms, including Urban Strategies; The Planning Partnership; David Butler Associates; Meridian Planning Consultants; and Sorensen Gravely Lowes Planning Associates, and to retain a preferred consultant from this list of firms;

 

And that Council pre-approve the remaining budget of $100,000 for the 2007 Capital Project #7331 – Yonge-Steeles Corridor Study from the proposed 2007 Capital Budget.

 

 

(3)        MILLER PAVING LIMITED, 7781 WOODBINE AVENUE
            DRAFT PLAN OF SUBDIVISION (19TM-06001)
            AND IMPLEMENTING ZONING AMENDMENT APPLICATIONS
            TO CREATE INDUSTRIAL AND COMMERCIAL DEVELOPMENT
            BLOCKS ON THE EAST SIDE OF WOODBINE AVENUE
            NORTH OF 14TH AVENUE  (SU.06-105672 AND ZA.04-017225) (10.5, 10.7)

            Report  Attachment 

 

That the report dated December 12, 2006 entitled “Miller Paving Limited, 7781 Woodbine Avenue, Application for Draft Plan of Subdivision (19TM-06001) to create industrial and commercial development blocks on the east side of Woodbine Avenue north of 14th Avenue (SU.06-105672)” be received;

 

That the record of the Public Meeting held on May 16, 2006, regarding the proposed plan of subdivision be received;

 

That staff be authorized to schedule a Public Meeting to consider an official plan amendment to designate 11.9 ha (29.4 acres) of the subject property from INDUSTRIAL to INDUSTRIAL – General Industrial, in order to confirm the intended sub-category of Industrial use in the Official Plan;

 

That draft plan of subdivision 19TM-06001 located on the east side of Woodbine Avenue, north of 14th Avenue, proposed by Miller Paving Limited, be draft approved subject to the “red line” revisions and conditions outlined in Appendix ‘A’;

 

That the applications to amend Zoning By-laws 2284-68 and 177-96 be approved and the implementing Zoning By-laws set out in Appendix ‘B’ be finalized and enacted;

 

That the Chief Administrative Officer and the Commissioner, Community and Fire Services, report back to the Council regarding the details of the terms and conditions of a Purchase and Sale Agreement with respect to land exchange/sale between the Town and Miller Paving Ltd.;

 

That the Purchase and Sale Agreement between the Town and Miller Paving Ltd is to be executed prior any final approval of the plan of subdivision for registration;


 

That the required Phasing Agreement and Environmental Management Plan shall address the timing of development, infrastructure, site remediation, and decommissioning and relocation of the existing Miller Paving operation, to the satisfaction of the Town;

That the applicant provide to the Town the required payment of 30% subdivision processing fees in accordance with the Town’s Fee By-law (By-law 2005-357); and

 

That the draft plan of subdivision approval shall lapse after a period of three years, commencing on December 19, 2006, unless extended by the Town upon application by the Owner.

 

 

(4)        ROYAL DAVID REALTY INC., 2300 JOHN STREET
            NORTHEAST CORNER OF LESLIE AND JOHN STREETS
            WITHIN THE THORNHILL SECONDARY PLAN AREA
            ZONING BY-LAW AMENDMENT TO AMEND THE LIST OF
            PERMITTED USES (ZA 06 121015) (10.5)

            Report   Attach  

 

That the report from the Development Services Commission dated October 17, 2006, entitled “Application for Zoning By-law Amendment to amend the list of permitted uses at 2300 John Street” be received;

 

And that the record of the Public Meeting held on December 12, 2006, with respect to the proposed amendment to By-law 2571, as amended, be received;

 

And that the application by Royal David Realty Inc. to amend By-law 2571, as amended, be approved;

 

And that the proposed amendment to By-law 2571, as amended, be enacted without further notice.

 

 

 

5.         OTHER BUSINESS

 

(1)        STOP UP AND CLOSE A PART OF RIVERLANDS AVENUE
            DESCRIBED AS PARTS 2 TO 5 INCLUSIVE AND
            PART 10 ON PLAN 65R-28526, TOWN OF MARKHAM,
            REGIONAL MUNICIPALITY OF YORK (5.17)

            Report   Attachment 

 

Council inquired whether any persons are in attendance to either support or object to the closing of this property.

 

No persons were in attendance to either support or object to this matter.


 

Moved by Councillor J. Webster

Seconded by Councillor D. Horchik

 

Whereas a notice to close a part of Riverlands Avenue being Parts 2 to 5 inclusive and Part 10 on Plan 65R-28526, Town of Markham, Region of York, has been published in the Markham Economist and Sun and the Town website on Thursday, December 7, 2006;

 

And whereas no persons have objected thereto this date;

 

Ttherefore be it resolved that a by-law to close a part of Riverlands Avenue being Parts 2 to 5 inclusive and Part 10 on Plan 65R-28526, Town of Markham, Region of York be considered by Council later in the meeting.

(By-law 2007-6)

 

CARRIED

 

 

(2)        CLOSURE OF TEMPORARY SECTION OF
            RIVERLANDS AVENUE, EAST OF BUR OAK AVENUE
            IN THE CORNELL COMMUNITY
            PARTS 2 TO 5 INCLUSIVE AND PART 10 ON PLAN 65R-28526 (5.17)

            Report   Attachment 

 

NOTICES OF PROPOSED SALE

TOWN OF MARKHAM

PROPOSED SALE OF SURPLUS REAL PROPERTY

(Pursuant to By-law 178-96)

 

Moved by Regional Councillor J. Heath

Seconded by Regional Councillor T. Wong

 

That the notice of proposed sale for the Town owned lands legally described as Parts 2 to 5 inclusive and Part 10 on Plan 65R-28526, Town of Markham, Region of York, be confirmed.

(Clause 6, Report No. 37, 2006)

 

CARRIED

 

 


 

6.         BY-LAWS

 

Council consented to withdraw By-law 2007-12 and to separate By-law 2007-13.

 

Moved by Councillor A. Chiu

Seconded by Councillor V. Burke

 

That By-laws 2007-2 to 2007-11 be given three readings and enacted.

 

Three Readings

 

BY-LAW 2007-2        A by-law to authorize 2007 interim tax levy.
(Clause 1, Report No. 1, 2006)

 

BY-LAW 2007-3        A by-law to authorize temporary borrowing to meet expenditures until taxes are collected and other revenues are received in 2007.
(Clause 2, Report No. 1, 2006)

 

BY-LAW 2007-4        A by-law to amend Zoning By-law 304-87, as amended (Tri-Block Group Ltd., Block 126, 65M-3295 and Part 7, 65R-21662, north of White's Hill Avenue, west of Bur Oak Avenue in the Cornell Community - To delete subject lands from By-law 304-87, as amended, so that they may be incorporated into By-law 177-96, as amended, to permit the development of 6 semi-detached units).
(Clause 1, Report No. 2, 2006)

 

BY-LAW 2007-5        A by-law to amend Zoning By-law 177-96, as amended (Tri-Block Group Ltd., Block 126, 65M-3295 and Part 7, 65R-21662, north of White's Hill Avenue, west of Bur Oak Avenue in the Cornell Community - To permit the development of 6 semi-detached units).
(Clause 2, Report No. 2, 2006)

 

BY-LAW 2007-6        A by-law to stop up and close a part of Riverlands Avenue being Parts 2 to 5 inclusive and Part 10 on Plan 65R-28526.
(Other Business 1)

 

BY-LAW 2007-7        A by-law to amend Zoning By-law 304-87, as amended (Wynberry Developments Inc., North of Edward Jeffreys Avenue, West of Highway 48, Wismer Commons Community - To delete subject lands from By-law 304-87, as amended, so they may be incorporated into By-law 177-96, as amended, to permit the lands to be developed for residential purposes).

 

BY-LAW 2007-8        A by-law to amend Zoning By-law 177-96, as amended (Wynberry Developments Inc., North of Edward Jeffreys Avenue, West of Highway 48, Wismer Commons Community - To permit the subject lands to be developed for residential purposes).


 

BY-LAW 2007-9        A by-law to amend By-law 2002-276, a by-law to impose fees or charges for services or activities provided or done by the Town of Markham (To update Water/Wastewater Rates - Effective January 1, 2007)
(Committee of the Whole Motion - Dec. 19, 2006)

 

BY-LAW 2007-10      A by-law to dedicate certain lands as part of the highways of the Town of Markham (Block 132, Plan 65M-2855 - Duborg Drive).

 

BY-LAW 2007-11      A by-law to amend By-law 2001-1, being a by-law to govern the proceedings of Council and Committees of Council (To implement revised Council and Committees structure).

 

BY-LAW 2007-12      A by-law to amend Zoning By-law 2004-196, as amended (Times Investments Limited/1619175 Ontario Inc., Majestic Court Residential Development, north west corner of South Town Centre Boulevard and Clegg Road - To remove (H) Hold provision).                   WITHDRAWN

 

 

CARRIED

 

 

Moved by Councillor D. Horchik

Seconded by Councillor A. Chiu

 

That Council resolve into an in-camera Committee of the Whole to receive verbal report regarding property matter.

CARRIED

 

 

Moved by Councillor A. Chiu

Seconded by Councillor V. Burke

 

That Council rise and report.

 

CARRIED

 

 


 

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

 

(12)      PROPERTY MATTER (10.0)

 

That the verbal report of the Commissioner of Development Services regarding a property matter be received.

 

 

Moved by Councillor A. Chiu

Seconded by Councillor J. Virgilio

 

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

 

CARRIED

 

 

 

6.         BY-LAWS - cont'd

 

Moved by Councillor A. Chiu

Seconded by Councillor V. Burke

 

BY-LAW 2007-13      A by-law to confirm the proceedings of the Council meeting of December 19, 2006.
(Council Meeting No. 2)

 

CARRIED

 

 

 

7.         ADJOURNMENT

 

Moved by Councillor A. Chiu

Seconded by Councillor L. Kanapathi

 

That the meeting do adjourn.

CARRIED

 

Council adjourned at 1:45 p.m.

 

 

 

 

___________________________________           _____________________________________

SHEILA BIRRELL, TOWN CLERK                       FRANK SCARPITTI, MAYOR

 

(Signed)

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