Meeting No. 14

That the report entitled “Award of Tender 071-T-07 Supply and Delivery of IBM Server Hardware” be received;

And that Tender 071-T-07 for the Supply and Delivery of IBM Server Hardware be awarded to the lowest priced bidder, Compugen Inc. for a total award amount of $539,933.57 exclusive of GST and expiring on December 31, 2009;

And that Compugen Inc. be considered the preferred supplier for the Town of Markham for Server Hardware Technology of the next 3 years;

And that the award be funded from the 2005 ITS Capital Project 049 6150 6738 005 in the amount of $240,000.00 and from the 2006 ITS Capital Project 049 6150 7287 005 in the amount of $299,933.57;

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

CARRIED

(Mayor F. Scarpitti abstained)

(4) CERSWELL AVENUE STOP-UP AND CLOSE (8.0)

That a By-law be enacted to stop-up and close Cerswell Avenue on RP 2368, more particularly described as a portion of RCP 9766 LOT 15 RCP 9767 LOT 56 EXP PLAN 7696 PART 1, Town of Markham, Regional Municipality of York.

(By-law 2007-202)

(5) PURCHASE OF SPONSORSHIP – HOSPICE THORNHILL GALA,
NOVEMBER 3, 2007 (7.9)

That Council purchases a table of 10 for the 20^th Anniversary Gala of Hospice Thornhill, “An Evening of Music” on Saturday, November 3, 2007 at the Thornhill Golf and Country Club. Charged to account 840 8415840;

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

(6) LIQUOR LICENCE APPLICATION PROCESS (9.0)

That the Town of Markham lodge an objection to the following applications for liquor license:

Club Rio – 8261 Woodbine Avenue, Units 8 to 11

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

(7) LIMOUSINE LICENSING BY-LAW (2.0)

Whereas the current By-law does not prohibit the use of a radio system within a cell phone;

That the request of Airways Limousine Service for relief from the Limousine Licensing By-Law to permit them to broker limousines and to receive dispatch calls in the vehicles be denied;

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

(8) REQUEST FOR REGIONAL COUNCILL LANDON TO ATTEND
THE CANADIAN TDM SUMMIT (7.0)

Communication

That Regional Councillor Landon be permitted to attend the TDM Summit to be held in Calgary from November 25 – 28, 2007.

CARRIED

5(b) REPORT NO. 49 - GENERAL COMMITTEE (September 17, 2007)

Moved by Councillor J. Virgilio

Seconded by Councillor C. Moretti

That Report No. 49 - General Committee be received and adopted.

(1) RECORDS RETENTION (12.1)

That By-Law 2001-101, “A By-Law Establishing Schedules of Retention Periods for all Records Kept by the Town of Markham” be amended to delete reference to Councillor records;

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

(By-law 2007-203)

(2)        LEGAL AND OPERATIONAL IMPLICATIONS OF THE
            WALKERTON INQUIRY PART II REPORT FOR THE
            TOWN OF MARKHAM (5.3)

Report Presentation

That the report titled “Legal and Operational Implications of the Walkerton Inquiry Part II Report for the Town of Markham” and attached presentation from staff be received;

And that staff report back on the details of the Municipal Drinking Water Licensing Program implemented under the Safe Drinking Water Act;

And that staff report back on the requirement to implement a Quality Management System governing the operations of the Markham water distribution as part of the Municipal Drinking Water Licensing Program;

And that staff schedule the working sessions of Council to provide further information related to the Municipal Drinking Water Licensing Program and the required Quality Management System governing the operations of the Markham water distribution system;

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

(3) STORM WATER MANAGEMENT SYSTEM REVIEW AND
STUDY IN THORNHILL (5.3)

That the staff report entitled “Storm Water Management System Review and Study in Thornhill”, dated September 17, 2007, be received;

And that staff be authorized to prepare and issue an RFP to retain a consultant to complete a storm water management system review and study in the Thornhill area;

And that the cost to complete the detailed hydraulic analysis of the storm water system in the Thornhill area will be approximately $500,000 and this will be funded from the Operations Department’s 2006 Capital Budget Rain Storm Damage Account #050-6150-7194-005;

And that this study be used as a template to complete similar studies in other old areas of the Town;

And that staff report back to Council with proposed recommendations and associated costs from the study when it is complete;

And that staff establish a liaison committee comprised of Town staff, Wards One (1) & Two (2) Councillors, representatives from the Ward One (1) South Residents Group, the Bayview Glen Residents Association and other Thornhill resident groups, representatives from the Region of York, staff from municipalities impacting the Thornhill area, and representatives from the Toronto and Region Conservation Authority (TRCA);

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

(4) PROCEEDING WITH A COMMUNITY SUSTAINABILITY PLAN (5.7)

Report Attachments Appendix A B

Whereas the Council of the Town of Markham has supported the implementation of a Green Print that we approve the establishment of a Community Sustainability Plan;

And that the staff report entitled “Proceeding with a Community Sustainability Plan”, dated September 17, 2007, be endorsed;

That staff be authorized to develop a Request for Proposal and to retain a consultant to undertake a Community Sustainability Plan in 2008 for the Town of Markham, as outlined in this report, to an upset limit of $120,000, to be funded by the Gas Tax as identified in the 2008 capital budget process;

And that staff report on the progress of the Community Sustainability Plan through General Committee;

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

CARRIED

5(c) REPORT NO. 50 - DEVELOPMENT SERVICES COMMITTEE (Sept. 11, 2007)

Moved by Deputy Mayor J. Jones

Seconded by Councillor J. Webster

That Report No. 50 - Development Services Committee be received and adopted.

(1) DEVELOPMENT SERVICES COMMITTEE MINUTES
- June 26, 2007, Part A and Part B (10.0)

Minutes

That the minutes of the Development Services Committee meeting, Part A and Part B, held

June 26, 2007, be confirmed;

And that clause 2 of the recommendation for Minute Item 5 be amended to specify that the All Way Stop Control be installed at Cynthia Jean Street and William Berczy Boulevard only;

And that a by-law be enacted to repeal Town of Markham By-law 2007-180 which amended Schedule 12 of Traffic By-law 106-71 to include an All Way Stop Control at Cynthia Jean Street and William Berczy Boulevard and Weatherill Road and William Berczy Boulevard;

And that a by-law be enacted to amend Schedule 12 of Traffic By-law 106-71 to include an all way stop control at Cynthia Jean Street and William Berczy Boulevard.

(By-law 2007-204)

CARRIED

5(d) REPORT NO. 51 - DEVELOPMENT SERVICES COMMITTEE (Sept. 18, 2007)

Council consented to separate Clause (3).

Moved by Deputy Mayor J. Jones

Seconded by Councillor J. Webster

That Report No. 51 - Development Services Committee be received and adopted.

(1)        DESIGNATION UNDER PART IV OF THE
            ONTARIO HERITAGE ACT
            LINDVEST PROPERTIES (CORNELL) LIMITED
            THE ABRAHAM REESOR HOUSE
            7265 HIGHWAY 7 (16.11.3)

Report Attachments

That pursuant to the Conservation Review Board recommendation dated June 6, 2007, Council enact a by-law designating the Abraham Reesor House at 7265 Highway 7, under Part IV of the Ontario Heritage Act as a property of cultural heritage value or interest;

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

(By-law 2007-206)

(2) STATUS REPORT:
YONGE STEELES CORRIDOR STUDY (10.0)

Report Map Appendix A B

That the Development Services Committee Report titled, “Status Report: Yonge Steeles Corridor Study”, dated September 18, 2007, be received;

And that the study proceed as outlined in this report.

(3) DEMOLITION PERMIT APPLICATION 07 113524 DP
CARMEN NACCARATO
94 JOHN STREET
THORNHILL HERITAGE CONSERVATION DISTRICT AND
THORNHILL SUB-COMMITTEE MINUTES (16.11)

Report Map Attachment Minutes

That the minutes of the Thornhill Sub-Committee meeting, held July 23, 2007, be received;

And that the applicant work together with Town staff and the community and submit appropriate applications for the following options:

1) to allow for construction of a second dwelling on the property and permit appropriate compatible uses for the heritage structure, including continued residential use; and,

2) to consider a severance of the property, through Committee of Adjustment, to allow an appropriate sized lot for the heritage building and the remainder of the lot for a new dwelling;

And that the Demolition Permit Application 07 113524 DP for 94 John Street in the Thornhill Heritage Conservation District be deferred;

And that it be noted that Mr. Naccarato agreed with the above process and voluntarily agreed to suspend the 90 day review period specified in the Ontario Heritage Act;

And that the property owner be notified of the decision to defer the demolition permit application;

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

CARRIED

(See following recorded vote) (8:3)

YEAS: Mayor F. Scarpitti, Deputy Mayor J. Jones, Regional Councillor T. Wong, Councillor J. Virgilio, Councillor C. Moretti, Councillor J. Webster, Councillor D. Horchik, Councillor A. Chiu. (8)

NAYS: Regional Councillor J. Heath, Councillor V. Burke, Councillor L. Kanapathi. (3)

ABSENT: Regional Councillor G. Landon, Councillor E. Shapero. (2)

(4) RENAMING OF HIGHWAY 7 (10.14)

Report Attachments

That the report entitled “Renaming of Highway 7”, dated September 18, 2007, be received;

And that the Town of Markham request the Region of York to consider options for renaming the section of Highway 7 within the Town of Markham under the Region’s jurisdiction from “Highway 7” to a name more representative of an urban arterial road than a Provincial Highway;

And that the Region consult with other York Region municipalities (Vaughan and Richmond Hill) and adjacent Regions and municipalities that also have Highway 7 frontage, and with the public and area businesses;

And that Council rely on the Region’s public consultation process regarding street name options;

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

(5) APPLICATIONS FOR ZONING BY-LAW AMENDMENT
AND SITE PLAN APPROVAL TO PERMIT
BUSINESS AND PROFESSIONAL OFFICES AT
107-111 GLEN CAMERON ROAD
HUNSTER CORPORATION
ZA 05 023385 & SC05 023455 (10.5)

That the staff report entitled “Applications for Zoning By-law Amendment and Site Plan Approval to permit business and professional offices at 107-111 Glen Cameron Road, Hunter Corporation, ZA 05 023385 & SC 05 023455” be received;

And that the Zoning By-law Amendment application (ZA 05 023385) to amend By-law 2237, as amended, submitted by Hunster Corporation to permit business and professional offices at 107-111 Glen Cameron Road, be approved and the draft Zoning By-law Amendment attached as Appendix ‘A’ be finalized and enacted;

And that the applicant work with Town staff to consider the use of permeable surfaces;

And that Town staff follow up with the Engineering Department with respect to the possible establishment of a designated bicycle route in the subject area;

And that the Site Plan Control Application (SC 05 023455) submitted by Hunster Corporation to permit business and professional offices at 107-111 Glen Cameron Road, be endorsed in principle, subject to the conditions attached as Appendix ‘B’;

And that site plan approval be delegated to the Director of Planning and Urban Design or her designate, to be issued following execution of a site plan agreement. Site Plan approval is issued only when the Director has signed the site plan “approved”.

(By-law 2007-205)

(6)        MARKHAM CENTRE SECONDARY PLAN (OPA 21)
            HEIGHT PROGRAMME, LAND USE SCHEDULES AND
            TARGET DENSITY UPDATE (10.0, 10.4)

Report Attachment

That Council affirm the original vision for Markham Centre as a human-scale, pedestrian-oriented, transit-supportive, major activity centre for the Town, in particular the height policies contained within the Markham Centre Secondary Plan (OPA 21), which call for a mid-rise community, with taller building elements concentrated around strategic “landmark” locations identified in the Plan;

And that staff review the available community amenities, park land distribution and road pattern;

And that staff be directed to review the Markham Centre Secondary Plan’s height policies, including specific design criteria relating to taller buildings at “landmark” locations;

That staff be directed to up-date the Markham Centre Secondary Plan’s Appendix ‘I’ – Central Area Statistics to reflect Precinct Plans and development applications approved by Council;

And that staff be directed to up-date the land use and other schedules within the Markham Centre Secondary Plan, to reflect Precinct Plans and development approvals, identified school and park locations, and established road alignments;

And that a public meeting be held, following completion of a draft Secondary Plan Amendment, to consider the Amendment;

And that the draft Secondary Plan Amendment be reviewed by the Markham Centre Advisory Group;

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

(7) TOWN INITIATED OPA
DEVELOPMENT PRINCIPLES
FOR THE LANGSTAFF AREA, AND
INITIATION OF A MASTER PLAN AND
SECONDARY PLAN AMENDMENT PROCESS
FOR THE LANGSTAFF AREA (10.3)

Report Presentation Attachments Appendix A

That the report entitled “Town Initiated Official Plan Amendment, Development Principles for the Langstaff Area, and Initiation of a Master Plan and Secondary Plan Amendment Process for the Langstaff Area, File SD 03 – 116189” be received;

And that a Public Meeting be held to consider the Official Plan amendment (attached as Appendix ‘A’) to identify in the Markham Official Plan that the Langstaff Area is part of an Urban Growth Centre (Richmond Hill/Langstaff Gateway Urban Growth Centre) in the context of the Provincial Growth Plan;

And that Town staff be authorized to initiate a process, as outlined in this report, to prepare a Master Plan and a Secondary Plan amendment for the Langstaff area, in consultation with the Thornhill Sub-committee (comprised of Mayor Scarpitti ex officio, Deputy Mayor Jones, Regional Councillor Heath and Councillors Burke and Shapero) and area landowners and that staff consider creating an Advisory Committee;

And that a Request for Pre-Qualification to select a short list of qualified consultants to be invited to submit detailed proposals to undertake the preparation of a Master Plan for the Langstaff Area be developed, in accordance with the Town’s Purchasing By-law;

And that the Langstaff Land Owners provide financial security, to the satisfaction of the Town Treasurer, prior to the award of the contract to the successful consultant team;

And that a capital budget be established for the preparation of the Langstaff Area Master and Secondary Plan process, to be financed by the Langstaff Land Owners;

And that staff report back with the necessary credit agreement, to be executed with the Langstaff Land Owners, for the financing of the Master Plan and Secondary Plan Amendment preparation process, subject to the passage of a Development Charge By-law;

And that staff, in consultation with the Thornhill Sub-committee, report back to Development Services Committee on recommended consultant selection and the recommended Master Plan Study process and timelines, including the public consultation process;

And that staff update Development Services Committee on the status of the Master Plan and related studies on a regular basis;

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

CARRIED

5(e) REPORT NO. 52 - DEVELOPMENT SERVICES PUBLIC MEETING (Sept. 18, 2007)

Moved by Deputy Mayor J. Jones

Seconded by Councillor J. Webster

That Report No. 52 - Development Services Public Meeting be received and adopted.

(1)        TOWN INITIATED
            ZONING BY-LAW AMENDMENT
            8100 WARDEN AVENUE (ZA 07 126335) (10.5)

That the record of the Public Meeting held on September 18, 2007 with respect to the proposed Town initiated amendments to Rural Area Zoning By-law No. 304-87 and Markham Centre Zoning By-law No. 2004-196 to rezone the former Markham Hydro (now Powerstream) building at 8100 Warden Avenue from “Agricultural” (A1) to “Markham Centre Downtown One” (MC-D1), be received;

And, that the proposed amendments to By-laws 304-87 and 2004-196 be enacted without further notice.

(2)        MACKENZIE BUILDERS AND DEVELOPERS LTD.
            BLOCKS 95, 96 AND 97, PLAN 65M-3612
            APPLICATION FOR REZONING
            WISMER COMMONS COMMUNITY (ZA 07-125617) (10.5)

That the record of the Public Meeting held on September 18, 2007 with respect to application ZA 07 125617 submitted by Mackenzie Builders and Developers Ltd. to amend Zoning By-law 177-96, as amended, be received;

That the rezoning application submitted by Mackenzie Builders and Developers Ltd. to amend Zoning By-law 177-96, as amended, be approved;

And that the proposed amendment to Zoning By-law 177-96, as amended, be enacted without further notice.

(By-law 2007-207)

CARRIED

6. MOTIONS

(1) LOOPING OF VIVA BUSES AT
BUR OAK AVENUE & HIGHWAY 7 (5.14)

Memo

Council received a background memo dated September 25, 2007 from the Commissioner of Development Services.

Since Regional Councillor G. Landon was absent, Council consented to have this Notice of Motion moved by Councillor J. Webster and seconded by Regional Councillor J. Heath.

Moved by Councillor J. Webster

Seconded by Regional Councillor J. Heath

That Markham Council endorses the looping of VIVA buses at Bur Oak Avenue and Highway No. 7 to allow the Region of York to extend services to east of Markham once the loop and the stops are constructed.

CARRIED AS AMENDED

(See following motion to amend)

Moved by Councillor J. Webster

Seconded by Regional Councillor J. Heath

That Motion (1) be amended to add the words "…and the stops…" after the words "…once the loop"

CARRIED

7. COMMUNICATIONS

Moved by Councillor D. Horchik

Seconded by Councillor A. Chiu

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

Referred to Commissioner of Development Services

65-2007 Marc Gordon - Forwarding a request to re-name Railside Park to Beverley Gordon Park in memory of his mother for her contribution in the community. (10.0)

Letter

CARRIED

8. PROCLAMATIONS

Council consented to add the proclamation of "German Pioneers Day' and to defer the proclamation of "International Day".

Moved by Councillor D. Horchik

Seconded by Councillor A. Chiu

That Proclamations (1) and (2) be received and adopted.

(1) PROCLAMATIONS (3.4)

Info

That the following be proclaimed in the Town of Markham:

- German Pioneers Day (October 9, 2007)

- Month of Dreams (October 2007)

- Canada's Citizenship Week (October 15 to 21, 2007)

- Restorative Justice Week (November 18 to 25, 2007)

- Montessori Education Week (February 18 to 22, 2008);

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

CARRIED AS AMENDED

(See following motion to amend)

Moved by Regional Councillor T. Wong

Seconded by Councillor A. Chiu

That the proclamation of "International Day" be deferred.

CARRIED

(2) PEACE PARKS ACROSS CANADA (12.2.6)

Whereas Peace Parks are a reflection on peace;

And whereas the vision of peace includes harmony among jurisdictions - Local, Provincial and Federal, and a unified community working together in a continued leadership role in collaboration with other nations;

And whereas the vision is a recognition and celebration of the natural beauty and abundance, recognizing the importance of all parts of the global society;

And whereas the rational behind the dedication of Peace Parks is to:

Nurture the growth of peace and understanding at home and throughout the world
Enhance awareness of a community's commitment to peace and a healthy environment
Create a common ground for members of the community to come together in celebration of their nation's people, land, and heritage, and the common future all humankind
Build a place of reflection on our connectedness to one another as a Global Family and to the earth of which we are all a part;

And whereas the Town of Markham dedicated the Crosby Park as a Peace Park 15 years ago;

Now therefore, be it resolved that Council of the Town of Markham re-dedicate Crosby Park as Markham's Peace Park.

CARRIED

9. BY-LAWS

Moved by Councillor D. Horchik

Seconded by Councillor C. Moretti

That By-laws 2007-202 to 2007-212 be given three readings and enacted.

Three Readings

BY-LAW 2007-202 A by-law to authorize stop-up and close Cerswell Avenue on RP 2368, more particularly described as a portion of RCP 9766 LOT 15 RCP 9767 LOT 56 EXP PLAN 7696 PART 1.
(Clause 4, Report No. 48, 2007)

BY-LAW 2007-203 To by-law to amend By-law 2001-101, a by-law establishing schedules of retention periods for all records kept by the Town of Markham (To delete reference to Councillor records).

BY-LAW 2007-204 A by-law to amend Traffic By-law 106-71 (To include an all way stop control at Cynthia Jean Street and William Berczy Boulevard).
(Clause 1, Report No. 50, 2007)

BY-LAW 2007-205 A by-law to amend Zoning By-law 2237, as amended (Hunster Corporation, 107-111 Glen Cameron Road - To permit the construction of a 3-storey business and professional office building).
(Clause 5, Report No. 51, 2007)

BY-LAW 2007-206 A by-law to designate a property as being of Historic and/or Architectural Value or Interest - The Abraham Reesor House, 7265 Highway No. 7.
(Clause 1, Report No. 51, 2007)

BY-LAW 2007-207 A by-law to amend Zoning By-law 177-96, as amended (Mackenzie Builders and Developers Ltd., Blocks 95, 96 and 97, Plan 65M-3612 - To permit the construction of three single detached residential dwellings fronting on Roy Rainey Avenue).
(Clause 2, Report No. 52, 2007)

BY-LAW 2007-208 A by-law to amend Zoning By-law 122-72, as amended (Petro Canada, 4641 Highway 7, south-west corner of Highway 7 and Kennedy Road - To permit a proposed automobile service station comprising a gas bar, a car wash and accessory convenience retail and restaurant uses).
(Clause 4, Report No. 45, 2007)

BY-LAW 2007-209 A by-law to amend Municipal Law Enforcement Officers Appointment By-law 2002-178 and Parking By-law 2005-188 (To update Officers' List and Private Property Enforcement Agencies).

BY-LAW 2007-210 A by-law to dedicate certain lands as part of the highways of the Town of Markham (Block 17, Plan 65M-2843 - Kirkham Drive and Part of Lot 3, Concession 8, designated as Part 2, Plan 65R-29254 - New Delhi Drive).

BY-LAW 2007-211 A by-law to dedicate certain lands as part of the highways of the Town of Markham (Part of Lot 10, Concession 4, designated as Parts 3 and 4, Plan 65R-28634 - Clegg Road; Part of the Road Allowance between Lots 10 and 11, Concession 4 stopped up and closed by By-law registered as YR11363, designated as Part 7, Plan 65R-28634 - Courtyard Lane; Part of Block 5, Plan 65M-2668, designated as Parts 2, 3 and 4, Plan 65R-28727 - Clegg Road; Part of East Half of Lot 10, Concession 4, designated as Parts 9, 10 and 16, Plan 65R-28727 - Clegg Road; Part of Lot 10, Concession 4, designated as Parts 5 and 6, Plan 65R-28634, Town of Markham - Courtyard Lane; Part of East Half of Lot 10, Concession 4, designated as Parts 12, 13, 14, 15, 19, 20 and 27 Plan 65R-28727 - Courtyard Lane).

BY-LAW 2007-212 A by-law to dedicate certain lands as part of the highways of the Town of Markham (Part of Lot 19, Concession 7, designated as Parts 5 and 7, Plan 65R-27886 - Roy Rainey Avenue and Part of Block 179, Plan 65M-3610, designated as Part 9, Plan 65R-27886 - Castlemore Avenue).

CARRIED

10. CONFIRMATORY BY-LAW

Moved by Councillor L. Kanapathi

Seconded by Councillor V. Burke

That By-law 2007-213 be given three readings and enacted.

Three Readings

BY-LAW 2007-213 A by-law to confirm the proceedings of the Council meeting of September 25, 2007.
(Council Meeting No. 14, 2007)