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                                                                                                                                    2007-05-08

COUNCIL MINUTES  Council Chamber, Civic Centre

Meeting No. 9

 

ROLL CALL

Mayor F. Scarpitti, Deputy Mayor J. Jones, Regional Councillor J. Heath, Regional Councillor T. Wong, Regional Councillor G. Landon, Councillor V. Burke, Councillor C. Moretti, Councillor J. Webster, Councillor D. Horchik, Councillor L. Kanapathi. (10)

 

REGRET

Councillor E. Shapero, Councillor J. Virgilio, Councillor A. Chiu. (3)

 

 

The Regular Meeting of Council was held on May 8, 2007 at 7:00 p.m. in the Council Chamber, Civic Centre.  Mayor F. Scarpitti presided.

 

 

 

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.         MINUTES

 

(1)        COUNCIL MINUTES - APRIL 24, 2007

            Minutes

 

Moved by Deputy Mayor J. Jones

Seconded by Councillor D. Horchik

 

That the Minutes of the Council Meeting held on April 24, 2007, be adopted.

 

CARRIED

 

 

 

3.         PRESENTATIONS

 

Council consented to add Presentation (4).

 

(1)        MARKHAM MUSEUM BOARD
            TED SCAYSBROOK MEMORIAL AWARDS (2005 & 2006) (12.2.6)

 

Council presented the Markham Museum Board Ted Scaysbrook Memorial Awards to the following volunteers for their outstanding work and to recognize them as major contributors to the Markham Museum:

 

2005 Award

Don Burton (posthumous)

Ms. Katrina Haneley accepted the award on behalf of her grandfather Mr. Burton.

 

2006 Award

Leslie Hillcoff

 

 

(2)        RECOGNITION - YVONNE DUFAULT (12.2.6)

 

Council recognized Ms. Yvonne Dufault for receiving the following awards:

 

W. R. McGillivray Award

The award was presented on October 22, 2006 at the Canadian National Parents for French Conference for her notable leadership, initiative and commitment in promoting French second-language learning development through community outreach programs in the local library system.

 

Ontario Teachers Insurance Plan (OTIP) Award

The award in the secondary school category was presented on October 5, 2006 for her community-based leadership and literacy outreach activities in French immersion.

 


 

(3)        TOWN OF MARKHAM 2007 BUDGET PRESENTATION (7.4)

            Report     1   Presentation 

 

Mr. Joel Lustig, Director of Financial and Client Services, presented an overview and detail information regarding the Town of Markham 2007 Budget.

 

Mayor F. Scarpitti thanked Councillor D. Horchik, Chair of Budget Subcommittee, and noted this is one of the greenest budgets for the Town of Markham.  He also thanked staff for their outstanding contribution throughout the budget process.

 

Councillor D. Horchik thanked Members of the Budget Sub-Committee and staff for their significant effort to a very successful budget.

(Clause 2, Report No. 28, 2007)

 

 

(4)        FIRE AT UNIONVILLE VILLA ON MAY 7, 2007 (12.2.6)

 

Council extended their thoughts to the families of those who lost their homes at Union Villa during the recent fire on Monday, May 7, 2007.  Council also thanked the staff of Fire Services Department for their outstanding efforts in dealing with this matter under very difficult circumstances.

 

 

 

4(a)      REPORT NO. 27 - GENERAL COMMITTEE (April 23, 2007)

 

Council consented to separate Clause (2).

 

Moved by Deputy Mayor J. Jones

Seconded by Regional Councillor G. Landon

 

That Report No. 27 - General Committee (April 23, 2007) be received and adopted.

 

 

(1)        2007 UNIONVILLE B.I.A. OPERATING BUDGET (7.4)

            Report    1

 

That the report titled “2007 Unionville B.I.A. Operating Budget” dated April 23, 2007 be received;

 

And that the 2007 Operating Budget in the amount of $198,178 for the Unionville B.I.A. be approved;

 

And that the Special Tax Rate levy, in the amount of $199,500, for the Unionville B.I.A. members be included in the 2007 Tax Levy By-law;


 

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

 

 

(2)        2007 MARKHAM VILLAGE B.I.A. OPERATING BUDGET (7.4)

            Report     1

 

That the report entitled “2007 Markham Village B.I.A. Operating Budget” dated April 23, 2007 be received;

 

And that the Operating Budget in the amount of $247,593 for the Markham Village B.I.A. be approved;

 

And that the Special Tax Rate levy, in the amount of $186,045, for the Markham Village B.I.A. members be included in the 2007 Tax Levy By-law;

 

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

CARRIED

 

 

(3)        AWARD OF TENDER 231-T-06
            REESOR ROAD BRIDGE REPLACEMENT
            OVER LITTLE ROUGE RIVER (7.12.1)

            Report   1

 

That the report titled “Award of Tender 231-T-06 Reesor Road Bridge Replacement Over Little Rouge River” be received;

 

And that Tender 231-T-06 Reesor Road Bridge Replacement Over Little Rouge River be awarded to the lowest priced bidder, Dufferin Construction Company in the amount of $2,298,156.00, exclusive of GST;

 

And that a contingency in the amount of $114,908.00, exclusive of GST, be established to cover any additional construction costs and that the Director of Asset Management be authorized to approve expenditure of this contingency amount up to the specified limit and to provide a monthly statement of these expenditures to the Town Treasurer;

 

And that the award be funded from the 2007 Capital Works Department Capital Project 058-6150-7454-005 Bridges and Culverts Improvement Project in the amount of $2,413,064.00;

 

That Town Staff consult with the Rouge Park Staff and the Toronto and Region Conservation Authority (TRCA) to advise them of the Town’s schedule and construction practices regarding the Reesor Road Bridge Replacement;


 

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

 

 

(4)        PROPOSED LICENCE WITH THE CITY OF TORONTO
            FOR TOWN WATER METERING CHAMBER -
            MILLIKEN MILLS RESERVOIR (5.3, 8.0)

            Report     1

 

That the report titled “Proposed Licence with the City of Toronto for Town Water Metering Chamber – Milliken Mills Reservoir” be received;

 

And that Council authorize the Mayor and Clerk to execute a 10 year Licence Agreement with the City of Toronto for the purpose of installing a chamber and an external mounted water meter on lands located within the Milliken Mills Reservoir property, said Licence to be in a form and content satisfactory to the Chief Administrative Officer and the Town Solicitor;

 

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

 

 

(5)        PUBLIC SPACE RECYCLING CONTRACT EXTENSION (5.2)

            Report

 

That the report titled, “Public Space Recycling Contract Extension” be received,

 

And that the Town extend the contract with EcoMedia Direct Inc. for a period not to exceed five years at no additional cost;

 

And that the number of public space recycling units under the contract be increased from 164 units to 170 units;

 

And that the current contract’s revenue provision to the Town be replaced with an increase in the allocation of the free advertising spaces by the Town from 8 to 20;

 

And that EcoMedia be requested to aggressively pursue a community based advertising strategy for all recycling stations located in the Town;

 

And further that the Mayor and Town Clerk execute a contract extension with EcoMedia satisfactory to the Town’s Solicitor.

 

CARRIED

 

 


 

4(b)      REPORT NO. 28 - GENERAL COMMITTEE (April 30, 2007)

 

Council consented to separate Clauses (1) and (2).

 

Moved by Councillor D. Horchik

Seconded by Councillor C. Moretti

 

That Report No. 28 - General Committee (April 30, 2007) be received and adopted.

 

(1)        GTA/905 HEALTHCARE ALLIANCE (13.2

Presentation     1    Resolution

 

Whereas local and timely access to health care and social services is essential for building strong, prosperous and healthy communities;

 

Whereas the Town of Markham, as part of the GTA/905, is among the fastest growing communities in Ontario and a key community in the Provincial Growth Plan for Ontario

 

Whereas existing Provincial funding for health care and social services fails to take into account the need for additional local health and social services in high growth communities across Ontario such as the Town of Markham and other communities across the GTA/905

 

Whereas there is a $1.5 billion gap in provincial funding for health and social services in the Town of Markham and the GTA/905 regions compared to the rest of Ontario and the funding gap has grown over the last several years;

 

Whereas Premier McGuinty’s position on the federal funding gap for Ontario and the need for a fairer share of federal transfer payments based on population size is the same situation being faced by the Town of Markham and other GTA/905 communities in terms of provincial funding for health and social services;

 

Whereas the Federal Government has now acknowledged the need to distribute federal funds Provinces on a per capita basis and the Province of Ontario is now receiving an additional $1 billion from the Federal Government to pay for health and social services in Ontario;

 

And Whereas York Region residents are now contributing more that $170 million to the Province of Ontario by way of the health care tax;

 

Be it resolved that the Town of Markham ask the Province of Ontario to:

 

1.         Provide immediate growth funding to GTA/905 hospitals and health and social services so they can meet the needs of the growing number of residents in their communities


 

2.         Commit to allocating provincial health and social services funding, including health promotion and disease prevention, to Local Health Integration Networks (LHIN) and Ontario regions on the basis of population size, growth and characteristics, i.e., population-based funding.

 

3.         Develop a health and social services plan for Ontario’s high growth regions to help build the “complete communities” envisioned in Places to Grow.

 

And that appreciation be expressed to the GTA/905 Healthcare Alliance and the Health Services Coalition at the Region;

 

And that this resolution be sent to the Premier of Ontario, the Minister of Health and Long-Term Care and the Minister of Finance.

CARRIED

 

 

(2)        TOWN OF MARKHAM 2007 BUDGET (7.4)

            Report  1  Presentation

 

Moved by Councillor D. Horchik

Seconded by Deputy Mayor J. Jones

 

That the report dated April 30, 2007 entitled, “Town of Markham 2007 Budget” be received;

 

And that Council approve a 2007 property tax rate increase of 3.98%;

 

And that Council approve the 2007 Operating Budget for Town services which totals $151,419,368, (excluding prior year surplus) the principle components of which are detailed on Appendix 1;

 

And that gross operating expenditures of $151,419,368, (excluding prior year surplus transfers to reserves) be funded from the following sources:

 


 

And that Council approve the 2007 Capital Budget that totals $91,467,300, the funding details of which are listed in Appendix 2;

 

And that Council approve the 2007 Waterworks Operating Budget that totals $50,146,462, (excluding prior year surplus) the principle components of which are detailed on Appendix 4; 

 

And that Council approve the 2007 Building Standards Budget that totals $8,045,000 the principle components of which are detailed on Appendix 5;

 

And that upon finalization of the 2006 audited financial statements, the 2007 Operating and Waterworks budgets be adjusted to reflect the 2006 operating results;

 

And that a copy of the budgets be made available to the public through the Clerk’s Department and each of the Markham Public Libraries;

 

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

CARRIED

(See following unanimous recorded vote)

 

YEAS:             Mayor F. Scarpitti, Deputy Mayor J. Jones, Regional Councillor J. Heath, Regional Councillor T. Wong, Regional Councillor G. Landon, Councillor V. Burke, Councillor C. Moretti, Councillor J. Webster, Councillor D. Horchik, Councillor L. Kanapathi.  (10)

 

ABSENT:        Councillor E. Shapero, Councillor J. Virgilio, Councillor A. Chiu.  (3)

 

 

(3)        GENERAL COMMENTS ON THE CLOSING OF
THE NANTICOKE COAL FIRED POWER PLANTS (5.7)

            Report     1    2    3    4    5    6

 

That the report entitled, “General Comments on the Closing of the Nanticoke Coal Fired Power Plants” be received for information;

 

And that the Corporation of the Town of Markham continue to support the Province’s efforts to explore coal replacement options that achieve environmental accountability, preservation of economic sustainability and that provide a reliable and secure electricity system to all Ontarians;

 

And that the Province of Ontario continue to strive towards a phase out plan for the four (4) remaining coal burning plants in the Province.

 


 

(4)        AUTHORIZATION TO ENTER INTO
A ONE YEAR CONTRACT TO
PROCURE ELECTRICITY FROM RETAILERS FOR THE TOWN
STREET LIGHT ENERGY ACCOUNT (5.7, 7.0)

            Report    1

 

That the report entitled “Authorization To Enter Into A One Year Contract To Procure Electricity From Retailers For The Town Street Light Energy Account,” be received;

 

And that a one year contract to permit the Town of Markham to move its street light energy account from the Regulated Price Plan (RPP) to the spot market be awarded to Constellation New Energy for $1,000.00 and be funded through the street light energy account, 720-720-5930;

 

And that Staff be authorized and directed to do all things necessary to give effect tot his resolution;

 

And further that the Mayor and the Clerk be authorized to execute the contract, as required, in a form satisfactory to the Town Solicitor.

 

 

(5)        PROPOSED DRAFT BY-LAW TO REGULATE THE NON-
            ESSENTIAL USE OF PESTICIDES (5.7)

            Report     1     2

 

That the report entitled “Proposed Draft By-Law to Regulate the Non-Essential Use of Pesticides” be received;

 

And that Council hold a Public Information Meeting to obtain public input on the proposed draft By-Law attached as Appendix “I” to this report;

 

And that the Public Information Meeting be held on May 23rd from 7 p.m. to 9:30 p.m. in the Council Chambers;

 

And that Staff be authorized to immediately provide notice of the Public Information Meeting and post the meeting notice and proposed draft By-Law on the website;

 

And that the By-Law be phased-in, and an enhanced and comprehensive education program be established;

 

And that the By-law take effect January 1, 2008;

 

And that staff prepare a report on a by-law enforcement plan;

 

And that staff arrange a meeting with representatives of Town of Markham golf courses and lawn bowling green operators to discuss the feasibility of those properties being subject to the by-law;


 

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

 

 

(6)        DRAFT 2006 FINANCIAL STATEMENTS (7.2)

            Report     1

 

That the report “Draft 2006 Financial Statements” be received;

 

And that Council approve the Corporation of the Town of Markham’s Draft Consolidated Financial Statements for the fiscal year ended December 31, 2006;

 

And that Council authorize Staff to issue the Consolidated Financial Statements for the fiscal year ended December 31, 2006 upon finalization of all consolidated amounts;

 

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

 

CARRIED

 

 

 

4(c)      REPORT NO. 29 - DEVELOPMENT SERVICES COMMITTEE (May 1, 2007)

 

Council consented to separate Clause (2).

 

Moved by Deputy Mayor J. Jones

Seconded by Councillor J. Webster

 

That Report No. 29 - Development Services Committee (May 1, 2007) be received and adopted.

 

(1)        MARKHAM-LAVAL
            ECONOMIC ALLIANCE PROGRAM (10.16)

            Report  Att1  Att2  Att3  Att4  Att5  

 

That the report entitled “Markham-Laval Economic Alliance Program” be received for information,

 

And that staff be approved to implement the proposed 2007 action plan at a cost not to exceed $10,500 and to be funded through Economic Development Capital account #086-6900-7679-005 ($8,000) and Economic Development Business Travel Account 610-9985201 ($2,500),

 

And that Council authorize the Mayor, the Chair of the Economic Development Committee and the Senior Business Development Officer, to participate in the fall business mission to Laval,

 

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

 


 

(2)        RENAMING OF THE
            BY-PASS SECTION OF HIGHWAY 7
            EAST OF LOCUST HILL AND THE TOWN
            OWNED MARKHAM BY-PASS IN CORNELL (10.14)

            Report   Attachment  

 

That the report entitled “Renaming of the by-passed section of Highway 7 east of Locust Hill and the Town owned Markham By-Pass in Cornell”, dated May 1, 2007, be received;

 

And that the Town of Markham request the Ministry of Transportation to rename the by-passed section of Highway 7, east of Locust Hill as Locust Hill Lane;

 

And that the Town rename the Town owned Markham By-Pass in Cornell as Cornell Centre Boulevard;

 

And that a by-law to rename the Town owned Markham By-Pass to Cornell Centre Boulevard be considered by Council at its meeting on June 12, 2007;

 

And that the Clerk be authorized to provide notice in accordance with notice By-law 2002-275;

 

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

CARRIED

 

 

(3)        DUFFERIN CONCRETE
            7655 WOODBINE AVENUE
            APPLICATIONS FOR OFFICIAL PLAN AND
            ZONING BY-LAW AMENDMENT TO PERMIT
            THE MODERNIZATION OF AN EXISTING CONCRETE PLANT
            OP 06 132795 AND ZA 06 132837 (10.3, 10.5)

            Report  Attachment  Appendices  

 

That the report dated May 1, 2007 entitled “RECOMMENDATION REPORT, Dufferin Concrete, 7655 Woodbine Avenue, Applications for Official Plan and zoning by-law amendment to permit the modernization of an existing concrete plant,” be received;

 

And that the record of the Public Meeting held on March 20, 2007 to consider the requested Official Plan and zoning by-law amendments, be received;

 

And that the Official Plan Amendment application (OP 06 132795) be approved as outlined in the staff report and the draft Official Plan Amendment attached as Appendix ‘A’ be finalized and adopted;


 

And that the Zoning By-law Amendment application (ZA 06 132837) be approved as outlined in the staff report and the draft implementing zoning by-law attached as Appendix ‘B’ be finalized and enacted;

 

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

 

CARRIED

 

 

 

4(d)      REPORT NO. 30 - GENERAL COMMITTEE (May 7, 2007)

 

Council consented to add Report No. 30 and to separate Clause (2).

 

Moved by Regional Councillor T. Wong

Seconded by Councillor V. Burke

 

That Report No. 30 - General Committee (May 7, 2007) be received and adopted.

 

 

(1)        2007 ADVISORY COMMITTEE/BOARD APPOINTMENTS (16.24)

 

That Mr. Tom Allan be appointed to the Markham Theatre Advisory Board for a term to expire November 30, 2008.

 

 

(2)        EAST MARKHAM COMMUNITY CENTRE AND
            LIBRARY – REVIEW OF OPTIONS FOR SCOPE
            AND LOCATION (6.6, 6.7)

            Report    1    MOU

 

Whereas it is the desire of Markham Council to work together with Markham-Stouffville Hospital to provide an integrated Community Centre, Library, Health and Wellness complex in east Markham;

 

And whereas such a facility offers synergies and benefits to the community including more efficient use of resources for land, space, services, capital costs, operating costs, library, and meeting rooms;

 

And whereas there are opportunities for services to be provided by Markham District Energy to the new complex and the hospital and potentially other buildings in the area;

 

And whereas the new complex would serve as a catalyst for structured parking to serve it and the hospital and potentially other buildings in the area;


 

And whereas the complex will provide an opportunity to demonstrate unique partnerships in Markham, York Region, and the GTA;

 

Therefore, be it resolved that:

 

1.         A major portion of the East Markham Community Centre and Library, integrated with Markham-Stouffville Hospital’s proposed Health and Wellness facility including the provision for a parking garage, be located on the west side of Bur Oak just south of Church Street;

 

2.         The Town confirm to the hospital that the land required for the above purposes is 9.2 acres;

 

3.         The Mayor and Clerk be authorized to execute a MOU with the hospital with respect to land acquisition, design, construction and operating arrangements for the Community Centre and Library and the Hospital’s Health and Wellness facility on a joint development site, in a form satisfactory to the Town’s CAO and Solicitor;

 

4.         The East Markham Community Centre and Library (E.M.C.C. & L) multi-purpose facility include the following amenities, among others to be determined:

 

·                    Enhanced indoor pool (25 metre 8 lane competition pool), therapeutic pool, and teaching pool

·                    Enhanced fitness area

·                    Gymnasium

·                    Multi-purpose programme space

·                    Youth and seniors programme space

·                    Library;

 

5.         Staff consult with the Public and Catholic School Boards, and affected landowners, about acquiring further lands on the east side of Bur Oak for community centre purposes and / or opportunities to work together to provide joint amenities with either or both Boards;

 

6.         Staff consult with hospital officials concerning opportunities to work together on the construction and operation of structured parking on community centre or hospital owned land;

 

7.         Staff consult with hospital officials concerning opportunities for services to be provided by Markham District Energy to the new complex and the hospital;

 

8.         Using Clause 4 as the base point, staff conduct a charette in June with community and stakeholder representatives. Matters to be discussed might also include:


 

-           For the west side of Bur-Oak:

·                    Siting options for the facility and its amenities

·                    Temporary and / or permanent parking

·                    Indoor playground activity area

·                    Indoor splash pad

·                    Indoor mini-stage for presenting plays, etc.

·                    Pre-school rooms

·                    Specific services offered by the Health and Wellness Facility

·                    Other recreational opportunities

 

-           For the east side of Bur-Oak:

·                    Temporary and / or permanent parking

·                    Outdoor splash pad

·                    Outdoor skating rink

·                    Soccer

·                    Skateboard park

·                    Children’s playground

·                    Tennis

·                    Off leash park

·                    The relationship with a potential high school

·                    Other recreational opportunities;

 

9.         The MOU make reference to discussions between the Town of Markham and Markham-Stouffville hospital regarding opportunities for synergies in the design of the facility, such as shared building walls etc.;

 

10.       Staff report back to General Committee later in June on progress concerning this resolution and the results of the charette.

 

CARRIED

 

 

 

5.         MOTIONS

 

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

 

(1)        ADVISORY COMMITTEE/BOARD APPOINTMENTS (16.24)

 

Moved by Councillor C. Moretti

Seconded by Councillor J. Webster

 

That Ms. Genevieve Landis and Mr. Robert Baird be appointed to the Markham Musuem Board for the term ending November 30, 2009;


 

And that the term of office for Mr. Jim Wicks and Ms. Susan Smitko be extended until the establishment and incorporation of the Museum Foundation has been finalized;

 

And that Mr. Azhar Khan be appointed to the Traffic Safety Committee as the representative of Ward 8 for the term ending November 30, 2008.

CARRIED

 

 

(2)        COMMENDATION OF FIRE SERVICES STAFF
            UNION VILLA FIRE ON MAY 7, 2007 (12.2.6)

 

Moved by Regional Councillor G. Landon

Seconded by Councillor C. Moretti

 

That staff of the Fire Services Department be commended for their outstanding efforts in dealing with the recent fire at Union Villa on May 7, 2007.

CARRIED

 

 

 

6.         COMMUNICATIONS

 

Moved by Councillor D. Horchik

Seconded by Regional Councillor G. Landon

 

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

 

Received

30-2007           B. Lazarus - Forwarding objection and comments with respect to the proposed widening of Bayview Avenue by the Region of York. (13.4)

                        Letter

 

Referred to all Members of Council

31-2007           Liquor Licence Application - Forwarding a request to complete the Alcohol and Gaming Commission Municipal Information Form for Club Rio, 8261 Woodbine Avenue, Units 8 to 11 (indoor). (3.21)

                        Info

 

32-2007           George Lliopoulos, Owner, Old Country Inn Restaurant, 198 Main Street Unionville - Requesting an approval from the Town of Markham regarding the application of a Special Occasion Liquor Permit for the extension of patio areas.  The Permit will be utilized in conjunction with the Unionville Village Community Festival on June 2 and 3, 2007 from 12:00 noon to 12:00 midnight. (3.21)

                        Info

 

CARRIED

 


 

 

7.         PROCLAMATIONS

 

Moved by Councillor V. Burke

Seconded by Councillor C. Moretti

 

That Proclamation (1) be received and adopted.

 

(1)        PROCLAMATIONS (3.4)

            Info

 

That the following be proclaimed in the Town of Markham:

- National Access Awareness Week - May 27 to June 2, 2007

- Peace Tree Day - June 1, 2007

- Spina Bifida and Hydrocephalus Awareness Month - June 2007

- Elder Abuse Awareness Month - June 2007

- Ontario Family Fishing Weekend - July 6 to 8, 2007

- Markham Fair Week - Week of September 24, 2007;

 

And that the Corporate Communications Department be requested to publish the above proclamations in the local newspapers.

 

CARRIED

 

 

 

8.         OTHER BUSINESS

 

(1)        BUR OAK AVENUE OPENING (5.10)

 

Councillor J. Webster spoke on the delay in the opening of Bur Oak Avenue.  Council requested a meeting be convened with appropriate representatives from Cornell Developers Group and Regional Transportation Group.

 

 

 

9.         BY-LAWS

 

Council consented to add By-law 2007-86.

 

Moved by Regional Councillor T. Wong

Seconded by Regional Councillor G. Landon

 

That By-laws 2007-81 to 2007-84 and By-law 2007-86 be given three readings and enacted.


 

Three Readings

 

BY-LAW 2007-81      A by-law to amend By-law 2002-311, a by-law to appoint Deputy Clerks for the Corporation of the Town of Markham (Delete K. Bavington; Add C. Raynor, B. Labelle, A. Tari & M. Papa) By-law

 

BY-LAW 2007-82      A by-law to adopt Official Plan Amendment No. 161 (1038715 Ontario Limited, Unionville Montessori School, west of Kennedy Road, north of 16th Avenue, 9322 Kennedy Road - To permit a private elementary school).
(Clause 1, Report No. 18, 2007) By-law

 

BY-LAW 2007-83      A by-law to amend Zoning By-law 304-87, as amended (1038715 Ontario Limited, Unionville Montessori School, west of Kennedy Road, north of 16th Avenue, 9322 Kennedy Road - To delete subject lands from area By-law 304-87, as amended, so that it may be incorporated into By-law 177-96, as amended, to permit a private elementary school).
(Clause 1, Report No. 18, 2007)  By-law

 

BY-LAW 2007-84      A by-law to amend Zoning By-law 177-96, as amended (1038715 Ontario Limited, Unionville Montessori School, west of Kennedy Road, north of 16th Avenue, 9322 Kennedy Road - To permit a private elementary school).
(Clause 1, Report No. 18, 2007)  By-law

 

BY-LAW 2007-86      A by-law to designate part of a certain plan of subdivision not subject to Part Lot Control (Sky Homes Corporation, South Unionville Community, west of McCowan Road and north of South Unionville Avenue, Blocks 32, 33 and 35, Plan 65M-3981).  By-law

 

CARRIED

 

 


 

10.       IN-CAMERA ITEMS

 

Move by Regional Councillor G. Landon

Seconded by Deputy Mayor J. Jones

 

That the Chair report the following in-camera items:

 

 

REPORT OF GENERAL COMMITTEE - April 30, 2007

 

(1)        MARKHAM DISTRICT ENERGY INC. – AMENDED WARDEN
            ENERGY CENTRE SITE LEASE AND PROPOSED SITE
            LEASE FOR COMBINED HEAT AND POWER FACILITY (7.9)

 

That the report entitled “Markham District Energy Inc.: Amended Warden Energy Centre Site Lease and Proposed Site Lease for Combined Heat and Power Facility” be received;

 

That Council authorize the Mayor and Clerk to execute the following agreements for lands at 8100 Warden Avenue: i) an amendment to the existing Site Lease with Markham District Energy Inc. for the Warden Energy Centre, including an option to lease additional lands for a future Chilled Water Storage Facility and other production assets, and ii) a new Site Lease with Markham District Energy Inc. for its proposed Combined Heat and Power Facility, all in a form and content satisfactory to the Chief Administrative Officer and the Town Solicitor;

 

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

 

 

(2)        PROPERTIES READY FOR TAX SALE REGISTRATION (7.3)

 

That the Treasurer commence the registration process under Section 373 of the Municipal Act, 2001 for the subject properties listed in Appendix "A" to the report entitled "Properties Ready for Tax Sale Registration", dated April 23, 2007.

 

 

REPORT OF DEVELOPMENT SERVICES COMMITTEE - May 1, 2007

 

(3)        BERCZY VILLAGE AND GREENSBOROUGH
            COMMUNITY PARKS AND SURROUNDING AREAS
            - SETTLEMENT NEGOTIATIONS (8.0)

 

That the report entitled "Berczy Village and Greensborough Community Parks and Surrounding Areas – Settlement Negotiations" be received for information; 

 

And that Council direct staff to report back to Council on the settlement negotiations when deemed appropriate by the Commissioner of Development Services and the Town Solicitor;


 

And that Council approve funding in the amount of $100,000.00 from the Corporate Contingency account for legal fees, consultants' fees and any emergency, interim repairs to be spent only with the approval of the Town Solicitor or the Director of Planning and Urban Design;

 

And that Staff be authorized and directed to take the actions set out in this report.

 

 

(4)        GILLIAN STEWART APPEAL OF COMMITTEE OF ADJUSTMENT
            DECISION REGARDING 10620 WARDEN AVENUE
            COMMITTEE OF ADJUSTMENT FILE NO. A/04/07
            LEGAL FILE # 07 0425 LG 0081 (8.0, 10.12)

 

That the report entitled Gillian Stewart appeal of Committee of Adjustment decision regarding 10620 Warden Avenue be received;

 

And that the Town Solicitor and Staff be instructed not to attend the Ontario Municipal Board hearing scheduled for May 10, 2007 to hear the appeal by Gillian Stewart of the decision of the Committee of Adjustment which approved the application for minor variance by Ruth Brock, owner of 10620 Warden Avenue, Markham to permit the continued storage of farm and construction vehicles and equipment on the subject lands;

 

And that Staff be authorized and directed to take the actions set out in this report.

 

CARRIED

 

 

 

11.       CONFIRMATORY BY-LAW

 

Moved by Councillor L. Kanapathi

Seconded by Councillor J. Webster

 

That By-law 2007-85 be given three readings and enacted.

 

Three Readings

BY-LAW 2007-85      A by-law to confirm the proceedings of the Council meeting of May 8, 2007.
(Council Meeting No. 9, 2007)  By-law

 

CARRIED

 

 


 

12.       ADJOURNMENT

 

Moved by Regional Councillor J. Heath

Seconded by Councillor C. Moretti

 

That the meeting do adjourn.

CARRIED

 

Council adjourned at 8:24 p.m.

 

 

 

 

 

 

___________________________________           _____________________________________

SHEILA BIRRELL, TOWN CLERK                       FRANK SCARPITTI, MAYOR

 

(Signed)

 

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