Meeting No. 16

That the report dated October 1, 2007 entitled “Proposed 2008 Budget Sub-Committee Schedule” be received;

And that the Budget Sub-Committee meetings scheduled for the dates and times below be approved:

Meeting #1 – Monday, October 22^nd (1 p.m. to 4 p.m. – Canada Room),

Meeting # 2 – Monday, October 29^th (1 p.m. to 4 p.m. – Canada Room)

Meeting # 3 – Monday, November 12^th (1 p.m. to 4 p.m. – Canada Room)

Meeting # 4 – Monday, November 26^th (1 p.m. to 4 p.m. – Canada Room)

Tentative Meeting # 5 – Monday, December 3^rd (1 p.m. to 4 p.m. – Canada Room)

Tentative Meeting # 6 – Monday, December 10^th (1 p.m. to 4 p.m. – Canada Room)
Tentative Meeting # 7 – Monday, January 14^th, 2008 (1 p.m. to 4 p.m. – Canada Room)

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

(2) CANADA ONTARIO MUNICIPAL
RURAL INFRASTRUCTURE FUND PROGRAM (COMRIF)
FUNDING FOR ASSET MANAGEMENT PROGRAM (13.5.12)

That the report COMRIF Funding for Asset Management Program (AMP) be received for information:

And that the COMRIF funding in the amount of $68,218 be allocated to fund work required to inventory and value the Town’s capital assets and to a tangible capital asset accounting module:

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

CARRIED

4(b) REPORT NO. 56 - GENERAL COMMITTEE (October 15, 2007)

Council consented to separate Clause (3).

Moved by Councillor J. Virgilio

Seconded by Regional Councillor G. Landon

That Report No. 56 - General Committee be received and adopted.

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

Heritage Markham Committee

That the resignation of Mr. Nelson Torres from the Heritage Markham Committee be received with regret;

And that the vacant position be advertised with all other upcoming advisory committee vacancies in the fall of 2007.

Markham Race Relations Committee

That the resignation of Councillor Shapero from the Markham Race Relations Committee be accepted with regret.

Don Watershed Council

That the resignation of Councillor Shapero from the Don Watershed Council be accepted with regret.

(2) SWIMMING POOL ENCLOSURES BY-LAW EXEMPTION (2.15)

That the request form the Owner of 10450 Kennedy Road for a variance to the Swimming Pool Enclosure By-Law to permit the swimming pool currently located on the property to remain unfenced be denied;

And that the applicant be given until November 30, 2007 to comply with the By-Law;

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

CARRIED

(3) INSURANCE COVERAGE FOR THE 2007 MARKHAM
SANTA CLAUS PARADE (7.0)

That the report entitled “Insurance Coverage for the 2007 Markham Santa Claus Parade” be received;

And that the Rotary Club of Markham Sunrise obtains $2 million of Commercial General Liability insurance coverage for the 2007 Santa Claus Parade naming the Corporation of The Town of Markham as additional insured;

And that staff investigate options and alternatives and report back to General Committee with respect to the potential of extending the Town’s liability insurance to cover events held without official designation from the Town.

DEFERRED & REFERRED

TO THE OCTOBER 29, 2007 GENERAL COMMITTEE

Moved by Regional Councillor G. Landon

Seconded by Regional Councillor J. Heath

That Clause (3), Report No. 56 be deferred and referred to the October 29, 2007 General Committee for consideration

CARRIED

(4) RECREATION SERVICES-2007
STAFF IMPLEMENTATION SCHEDULE (6.4)

That the report titled “Recreation Services – 2007 Staff Implementation Schedule” be received;

And that the Recreation Services Staff Implementation Schedule for 2007 be approved;

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

CARRIED

4(c) REPORT NO. 57 - DEVELOPMENT SERVICES COMMITTEE (October 16, 2007)

Moved by Councillor J. Webster

Seconded by Deputy Mayor J. Jones

That Report No. 57 - Development Services Committee be received and adopted.

(1)        DEMOLITION PERMIT APPLICATION 07 126030 DP
            HOUSE AND DETACHED GARAGE
            MS. IRINA GORDON, 179 JOHN STREET
            THORNHILL HERITAGE CONSERVATION DISTRICT (10.0, 16.11)

That the correspondence from Barry Nelson, George Bitsakakis, Danny Lew and Lynn Grenier-Lew, be received;

And that the deputations from Karl Mahler, Bill Wylie, Marion Matthias and Judith Dawson, in support of the refusal of the demolition permit, be received;

And that in accordance with the recommendation of Heritage Markham, Council refuse the demolition permit application for the c.1948 house at 179 John Street;

And that the applicant be requested to work with Town staff and Heritage Markham to create an appropriate addition that will preserve the significant heritage attributes of the existing house;

And that the applicant be notified of Council’s decision as per the requirements of the Ontario Heritage Act;

And that Council indicate no objection to the demolition of the detached garage on the subject property.

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

(2)        INTENTION TO DESIGNATE UNDER PART IV
            OF THE ONTARIO HERITAGE ACT
            VICTORIA SQUARE SCHOOLHOUSE S.S. NO. 6
            10137 WOODBINE AVENUE, THE UNIVERSAL GROUP (16.11)

That, as recommended by Heritage Markham, the former Victoria Square Schoolhouse – 10137 Woodbine Avenue be approved for designation under Part IV of the Ontario Heritage Act as a property of cultural heritage value or interest;

And that the Clerk’s Department be authorized to publish and serve Council’s Notice of Intention to Designate as per the requirements of the Ontario Heritage Act;

And that if there are no objections to the designation in accordance with the provisions of the Ontario Heritage Act, the Clerk be authorized to place a designation by-law before Council for adoption;

And that if there are any objections in accordance with the provisions of the Ontario Heritage Act, the Clerk be directed to refer the proposed designation to the Ontario Conservation Review Board;

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

(3)        FLATO DEVELOPMENT INC.
            DRAFT PLAN OF SUBDIVISION (19TM-06004) AND
            ZONING BY-LAW AMENDMENT TO CREATE
            MEDIUM DENSITY RESIDENTIAL, PARK, SCHOOL
            AND ROAD BLOCKS, AND TO IMPLEMENT
            A SITE-SPECIFIC BY-LAW ON LANDS LOCATED
            ON THE WEST SIDE OF OLD KENNEDY ROAD,
            NORTH OF VICTORY AVENUE., 272 OLD KENNEDY ROAD
            MAIN STREET MILLIKEN (SU.06-106298 AND ZA.06-106303) (10.7, 10.5)

That the report dated October 16, 2007 entitled “Flato Development Inc. Draft Plan of Subdivision (19TM-06004) and Zoning By-law Amendment to create medium density residential, park, school and road blocks, and to implement a site-specific By-law on the west side of Old Kennedy Road, north of Victory Avenue, 272 Old Kennedy Road” be received;

And that the record of the Public Meeting held on May 16, 2006, regarding the proposed plan of subdivision and zoning by-law amendment be received;

And that draft plan of subdivision 19TM-06004 located on the west side of Old Kennedy Road, north of Victory Avenue, proposed by Flato Development Inc., be draft approved subject to the conditions outlined in Appendix ‘A’;

And that the draft implementing Zoning By-law (ZA 06 106303) to amend By-law 177-96, as amended, attached as Appendix “B” be finalized and enacted;

And that the Owner enter into a No Presale Agreement with the Town for Phase II, which agreement shall be registered on title, committing the Owner not to enter into any agreements of purchase and sale with anyone, including other developers or builders, for the subject lands (19TM-06004 – Phase II), until additional servicing allocation has been granted by Council for the proposed Phase II of the development;

And that the Owner provide to the Town the required payment of 30% subdivision processing fees in accordance with the Town’s Fee By-law;

And that the Owner provides written confirmation from the Trustee of the Milliken Main Street Landowners Group that servicing allocation is available for 16 townhouse units;

And that Flato Development Inc. be granted servicing allocation for 16 townhouse units, such allocation to be taken from the total current allocation for the Main Street Milliken Secondary Plan;

And that the Town reserves the right to revoke or re-allocate such servicing allocation at it’s sole discretion, should development not proceed in a timely fashion;

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

(4)        LOUIS AND GIANNA ALDROVANDI
            DRAFT PLAN OF SUBDIVISION (19TM-05007)
            TO CREATE HIGH AND MEDIUM DENSITY RESIDENTIAL, PARK,
            SCHOOL AND ROAD BLOCKS WEST OF OLD KENNEDY ROAD,
            NORTH OF VICTORY AVENUE
            60 VICTORY AVENUE AND 262 OLD KENNEDY ROAD
            MAIN STREET MILLIKEN (SU 05 011171) (10.7, 10.5)

That the report dated October 16, 2007 entitled “Louis and Gianna Aldrovandi, Draft Plan of Subdivision (19TM-05007) to create high and medium density residential, park, school and road blocks west of Old Kennedy Road, north of Victory Avenue at 60 Victory Avenue and 262 Old Kennedy Road”, be received;

And that the record of the Public Meeting held on October 17, 2006, regarding the proposed plan of subdivision be received;

And that draft plan of subdivision (19TM-05007) located north of Victory Avenue, west of Old Kennedy Road, proposed by Louis and Gianna Aldrovandi, be draft approved subject to the conditions outlined in Appendix ‘A’ and subject to amendment of the plan to conform with the Main Street Milliken Secondary Plan;

And that the Owner provide to the Town the required payment of 30% subdivision processing fees in accordance with the Town’s Fee By-law;

And that the granting of further servicing allocation be deferred until the time of Site Plan Approval;

And that the Owner shall enter into a No Presale Agreement with the Town, which agreement shall be registered on title, committing the Owner not to enter into any agreements of purchase and sale with anyone, including other developers or builders, for the subject lands (19TM-05007), until full servicing allocation has been granted by Council for the proposed development.

And that the Town reserves the right to revoke or re-allocate servicing allocation at it’s sole discretion, should development not proceed in a timely manner;

And that the draft plan approval for plan of subdivision 19TM-05007 will lapse after a period of three years commencing October 16, 2007, in the event that a subdivision agreement is not executed within that period;

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

(5) ECKARDT CREEK EROSION CONTROL
OPTIMIZATION STUDY (5.7)

Report Attachment A Attachment B Attachment C

That the staff report entitled “Eckardt Creek Erosion Control Optimization Study” dated October 16, 2007, be received;

And that staff be authorized to file the Eckardt Creek Erosion Control Optimization Study Class EA study with the Ministry of the Environment (MOE) for public review;

And that implementation of the retrofitting of the stormwater management pond (Bridal Trail Phases 3 and 4) to increase quality/quantity control be considered as part of the Markham Stormwater Strategy and future capital budget process;

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

(6) LADYSLIPPER COURT
– PROPOSED VEHICULAR PARKING PROHIBITION (5.12)

Report Map By-law

That the report entitled “Ladyslipper Court – Proposed Vehicular Parking Prohibition” dated October 16, 2007, be received;

And that the attached by-law to amend Schedule “C” of Traffic By-law 2005-188, pertaining to “Prohibited Parking”, by including the south side of Ladyslipper Court, between Laureleaf Road and the shared lot line of municipal addresses 33/35, be received;

And that the Operations Department be directed to install and maintain the appropriate signs upon approval of the attached by-law;

And that the Parking Control Department be directed to enforce the parking prohibition upon installation of the signs;

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

(By-law 2007-220)

(7) CLEGG ROAD & COURTYARD LANE
TRAFFIC BY-LAWS (5.12)

Report Map By-law By-law By-law

That the report entitled “Clegg Road & Courtyard Lane Traffic By-laws” dated October 16, 2007, be received;

And that the attached by-law to amend Schedule “12” of Traffic By-law 106-71, pertaining to “Compulsory Stops”, by including the following intersections, be approved:

- South Town Centre Boulevard & Clegg Road

- Clegg Road & Courtyard Lane;

And that the attached by-law to amend Schedule “F” (50 km/h) of Speed Limit By-law 105-71, be amended to include Courtyard Lane in its entirety, be approved;

And that the attached by-law to amend Schedule “E” of Parking By-law 2005-188, pertaining to “No Stopping Zones”, by including the following streets, be approved:

- Both sides of Courtyard Lane

- North side of Clegg Road, from South Town Centre Boulevard to Warden Avenue

- South side of Clegg Road, from South Town Centre Boulevard to Warden Avenue except for the parking bays.

And that the attached by-law to amend Schedule “L” of Parking By-law 2005-188, by including a parking bay on the south side of Clegg Road, from a point 130 metres west of Warden Avenue to Courtyard Lane be approved;

And that the Parking Control Department be directed to enforce the parking control by-laws upon installation of the signs;

And that the Region of York be requested to update their by-laws to include compulsory stops to be located at Hwy 7 at Courtyard Lane and the signals at Warden Avenue at Clegg Road;

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

(By-laws 2007-221 to 2007-223)

(8) 2006 TRAFFIC CALMING PROJECT
– RESIDENT SURVEY RESULTS AND NEXT STEPS (5.12)

That the report entitled “2006 Traffic Calming Project – Resident Survey Results and Next Steps”, dated October 16, 2007, be received;

And that staff be authorized to proceed with the Traffic Calming Design, as outlined in this report, where residents have demonstrated support for traffic calming measures on Royal Orchard Boulevard, Village Parkway and Carlton Road (between Warden Avenue and Kennedy Road);

And that staff pursue, with the Town’s Traffic Safety Committee and local Councillor, the options as identified in this report to address speeding issues on Proctor Avenue, Village Gate Drive and Lockridge Avenue;

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

(9) DONALD COUSENS PARKWAY
HWY 407 TO BOX GROVE BY-PASS (10.0)

And that the staff report entitled “Donald Cousens Parkway: HWY 407 to Box Grove By-Pass” dated October 16, 2007, be received;

And that the Hold ‘H’ provisions for the ± 372 units in the Box Grove Community be lifted by by-law, subject to the following conditions:

· Execution by all necessary parties of an amendment to the June 2002 Memorandum of Understanding (MOU) with the Box Grove Developers, the Region of York, and the Town of Markham to include conditions related to the construction of the Donald Cousens Parkway (from existing HWY 407 to the Box Grove By-Pass);

· Posting of a Letter of Credit with the Town or Region to secure the construction of Donald Cousens Parkway;

· Approval of a traffic study to the satisfaction of the Town of Markham and Region of York confirming that the proposed / existing road network (without the Don Cousens Parkway from Copper Creek Drive to Box Grove By-Pass) can accommodate the additional development;

· Completion of construction of the following portions of the roads or posting a Letter of Credit:

1. Copper Creek Drive (from its existing location near Tributary ‘B’ culvert crossing to Donald Cousens Parkway)

2. Donald Cousens Parkway (from existing ramp HWY 407 to Copper Creek Drive);

And that the Mayor and Clerk be authorized to enter into an amendment to the June 13, 2002 Memorandum of Understanding or new agreement(s) with the Box Grove Developers and Region of York to the satisfaction of the Chief Administrative Officer, Town Solicitor and Commissioner of Development Services;

And that the Minister of Environment and the Minister of Public Infrastructure Renewal be requested to assist in expediting the Environmental Approval for Donald Cousens Parkway;

And that Bruce Macgregor, CAO of the Region of York be advised accordingly;

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

CARRIED

5. MOTIONS

Council consented to add Motion (1).

(1) APPOINTMENT OF INTERVIEW COMMITTEE
FOR COMMISSIONER OF COMMUNITY AND FIRE SERVICES (16.24 & 11.0)

That a Commissioner of Community and Fire Services Interview Committee be established, comprised of the following Council Members:

- Mayor F. Scarpitti

- Regional Councillor G. Landon

- Councillor E. Shapero

- Councillor C. Moretti

- Councillor A. Chiu

CARRIED

(2/3 VOTE WAS REQUESTED & OBTAINED)

(See following motion)

Moved by Regional Councillor G. Landon

Seconded by Councillor J. Virgilio

That Council consent to the introduction of a motion to establish a Commissioner of Community and Fire Services Interview Committee comprised of Council Members.

CARRIED

6. COMMUNICATIONS

Council consented to add Communication No. 74-2007.

Moved by Councillor D. Horchik

Seconded by Councillor L. Kanapathi

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

Referred to all Members of Council

72-2007 Manufacturer's Retail Store Authorization (Alcohol & Gaming Commission of Ontario Form) - Forwarding a Form to be completed by the Town of Markham for 1300301 Ontario Limited/Amber Brewery, 130 Riviera Drive, Unit 3.

Info

Referred to Commissioner of Development Services & Town Solicitor

73-2007 Ontario Municipal Board - Forwarding a decision to dismiss the appeal regarding the application submitted by Times Markham Centre (Majestic Court Condominium), north-west corner of South Town Centre Boulevard and Clegg Road. The application is to permit an increase in the height and the number of residential units of the apartment building currently under construction on the subject lands, and the potential conveyance of a portion of the lands to the Town of Markham for use as a public park. (By-law 2007-178) (13.13 & 10.5)

Letter

Received

74-2007 Project Engineer, Asset Management Department - Advising that the closure of Reesor Road, between 16th Avenue and Major Mackenzie Drive East, has been extended to the end of November 2007 due to the replacement of the bridge over the Little Rouge River. The original date for the closure is from June 4 to approximately October 26, 2007. (5.10)

Info

CARRIED

7. OTHER BUSINESS

Council consented to add Other Business (1) and (2).

(1) SIGNAGE AT ST. VLADIMIR CHURCH (2.16)

Councillor V. Burke noted she will be bringing forward an issue to the next Development Services Committee regarding signage at St. Vladimir Church. Mayor Scarpitti suggested she discuss it first with staff for a resolution.

(2) ATTENDANCE REQUIREMENTS AT COMMITTEE MEETINGS (16.24)

Council requested the Clerk communicate with Members of Town of Markham Committees regarding meeting attendance requirements.

8. BY-LAWS

Moved by Regional Councillor T. Wong

Seconded by Deputy Mayor J. Jones

That By-laws 2007-220 to 2007-227 be given three readings and enacted.

Three Readings

BY-LAW 2007-220 A by-law to amend Parking By-law 2005-188 (Ladyslipper Court parking prohibition).
(Clause 6, Report No. 57, 2007)

BY-LAW 2007-221 A by-law to amend Traffic By-law 106-71 (Compulsory Stops at South Town Centre Boulevard & Clegg Road, and Clegg Road & Courtyard Lane).
(Clause 7, Report No. 57, 2007)

BY-LAW 2007-222 A by-law to amend Speed By-law 105-71 (Courtyard Lane speed limit of 50 km/h).
(Clause 7, Report No. 57, 2007)

BY-LAW 2007-223 A by-law to amend Parking By-law 2005-188 (No Stopping Zones on both sides of Courtyard Lane, north side of Clegg Road from South Town Centre Boulevard to Warden Avenue and south side of Clegg Road from South Town Centre Boulevard to Warden Avenue, except for the parking bays) (To include a parking bay on the south side of Clegg Road, from a point 130 metres west of Warden Avenue to Courtyard Lane).
(Clause 7, Report No. 57, 2007)

BY-LAW 2007-224 A by-law to designate part of a certain plan of subdivision not subject to Part Lot Control (Country Wide at Cornell Inc., Block 214, Plan 65M-4013, Phase 2 of the Lindvest Properties subdivision located east of 9th Line and south of Highway No. 7).

BY-LAW 2007-225 A by-law to amend Zoning By-law 304-87, as amended (Remington Steeles 9 Inc., (Little Meadow Lawn Fairway), Part of Lot 1, Concession 9, east side of 9th Line and north of Steeles Avenue - To permit the subject lands to be used as a golf driving range for three (3) years).
(Clause 14, Report No. 21, 2006)

BY-LAW 2007-226 A by-law to amend Zoning By-law 1229, as amended (17 Laidlaw Group Limited, 17 Laidlaw Boulevard, Lot 14, Plan 65M-7564, Part of Lot 11, Concession 7 - To add one retail sales).
(Clause 2, Report No. 46, 2007)

BY-LAW 2007-227 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).

CARRIED

9. IN-CAMERA ITEMS

Moved by Councillor C. Moretti

Seconded by Councillor L. Kanapathi

That Council report the following in-camera matters:

(1) COUNCIL IN-CAMERA MINUTES - SEPTEMBER 11, 2007 (16.0)

That the minutes of the in-camera Council meeting held on September 11, 2007, be confirmed.

(2)        PROPERTY MATTER - RELOCATION OF THE JOHN KOCH HOUSE
            TO MARKHAM ESTATES FINANCIAL CAPABILITY
            OF APPLICANT/LOT SELECTION (16.11.3)

That the report dated September 24, 2007 on financial capability of the applicants, Holly MacDonald and Anthony Nehme, to purchase a lot and relocate and restore the John Koch House at the Markham Heritage Estates be received;

And that the staff memorandum on Lot Selection dated October 15, 2007, be received;

And that Lot 6, Plan 65M-2761, municipally known as 12 Heritage Corners Lane (Heritage Subdivision) be declared surplus to the Town’s needs 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 Holly MacDonald and Anthony Nehme and the Town of Markham together with the transfer/deed of land and any other documentation required to give effect hereto in a form satisfactory to the Town Solicitor;

And that when a building permit is issued for Lot 6, 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. 2004-222 (Town-Wide Hard Services) and Town of Markham By-law 2004-223 (Town-Wide Soft Services).

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

CARRIED

10. CONFIRMATORY BY-LAW

Moved by Councillor D. Horchik

Seconded by Councillor A. Chiu

That By-law 2007-228 be given three readings and enacted.

Three Readings

BY-LAW 2007-228 A by-law to confirm the proceedings of the Council meeting of October 23, 2007.
(Council Meeting No. 16, 2007)