Meeting No. 17

That Council purchases a corporate table to attend the Mayor’s Dinner for the Arts at the Hilton Suites Markham, Thursday, October 25. To be charged to account 840 8415840 not to exceed $3,000;

And that Council authorizes this purchase of $2120.00 a projected over-expenditure of $5,245 in the 2007 Council Table Promotion account, 840-841-5840 to be offset by other favourable variances in Council Discretionary Advertising, Promotion and Special Events accounts;

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

(6) PURCHASE OF SPONSORSHIP
ARTZ DAY ANNUAL GALA - NOVEMBER 24, 2007(7.9)

That the deputation from Mr. B. Solomon regarding the Environmental Assessment for the widening of Kennedy Road be received;

That Council purchases tickets for Councillors wishing to attend the Artsz Day Annual Gala, Saturday, November 24, 2007 at the Hilton Suites Markham. Tickets are $150 each and three Councillors have requested to attend. To be charged to account 840 8415840;

And that Council authorizes a projected over-expenditure of $3,125 in the 2007 Council Table Promotion account, 840-841-5840 to be offset by other favourable variances in the Council Discretionary Advertising, Promotion and Special Events accounts;

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

(7) GREEN BUILD INTERNATIONAL CONFERENCE AND EXPO
NOVEMBER 7-9, 2007 – CHICAGO, IL. (5.7)

Communication

That the itinerary for the 2007 Green Build International Conference and Expo, November 7-9, 2007 to be held in Chicago, Il. be received;

And that Council approve a request by Councillor E. Shapero, Chair, Environmental Sustainability Committee to attend the conference.

CARRIED

4(b) REPORT NO. 59 - GENERAL COMMITTEE (October 29, 2007)

Moved by Councillor J. Virgilio

Seconded by Councillor D. Horchik

That Report No. 59 - General Committee be received and adopted.

(1) CLOSED MEETING INVESTIGATOR (13.2)

Presentation

That the presentation by Ms. K. Kitteringham, Deputy Town Clerk, regarding a Closed Meeting Investigator be received;

And that Council appoint a closed meeting investigator in accordance with Section 239.2(1) of the Municipal Act;

And that the Town utilize the service offered by Local Authority Service (LAS) through the Association of Municipalities of Ontario (AMO) for closed meetings investigations;

And that Legal staff prepare a draft appointment by-law & agreement;

And that staff continue to monitor the Closed Meeting Investigator service delivery experiences of other municipalities over the next year & report back on same in December, 2008;

And that the Clerk correspond with all Town Committees & Local Boards regarding post-Bill 130 procedural & closed meeting requirements & provide training on same, as required.

(2) 2007 ADVISORY COMMITTEE APPOINTMENTS (16.24)

Animal Care Services Committee

That the appointment of Bernice Royce to the Animal Care Services Committee for the term to expire on November 30, 2009 be approved;

Mayor’s Youth Task Force

And that the following appointments to the Mayor’s Youth Task Force be approved for the term September 1, 2007, to June 30, 2008:

Name School Grade

MARKHAM Vino Jeyapalan High School 11

Vijay Jeyapalan High School 11

Matthew Biskup High School 12

Rebecca Wang High School 11

Farheen Alim High School 12

Shanthiya Baheerathan High School 11

David Hui High School 12

UNIONVILLE Yanbo Guo High School 10

Jesse Colautti High School 11

Giorgio Proestos High School 12

Maha Naqi High School 9

Joey Loi Elementary School 8

Vivian Hui High School 12

Lavania Hui High School 9

Timothy Yap High School 12

Nancy Wu High School 12

MILLIKEN Janelle Valestero High School 10

Samantha Soto High School 10

Vetura Jeyandran High School 11

Gauri Gogna High School 11

Rimi Sambi High School 10

Main Street Markham Committee

And that the resignation of Mr. Shahid Mahmood from the Main Street Markham Committee be received;

And that the appointment of Mr. Ibrahim Ali to the Main Street Markham Committee be confirmed.

(3) 2008 COUNCIL/COMMITTEE MEETING SCHEDULE (16.0)

Calendar

That the 2008 meeting schedule for Council and Standing Committees be approved.

(4) ENVIRONMENTAL ASSESSMENT
WIDENING OF KENNEDY ROAD (5.10)

And that Regional staff report back to Regional Transportation and Works Committee with an improved public communication and consultation plan for Environmental Assessment processes;

And that York Region be requested to hold additional public consultation sessions for the Kennedy Road widening project in order to resolve outstanding issues;

And that Regional staff be invited to a future meeting to provide a detailed update on the Kennedy Road project.

(5) INSURANCE COVERAGE FOR THE
2007 SANTA CLAUS PARADE (7.0, & 3.5.5)

Report

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.

(6) PURCHASE OF SPONSORSHIP
MARKHAM AFRICAN CARIBBEAN
ASSOCIATION ANNUAL SCHOLARSHIP DINNER
NOVEMBER 3, 2007 (7.9)

That Council purchases tickets for Councillors wishing to attend the Markham African Caribbean Association Annual Scholarship Dinner on Saturday November 3, 2007 at the Premier Ballroom & Convention Centre. To be charged to account 840 8415840 not to exceed $3000;

And that Council authorizes this purchase of four tickets at the cost of $75.00 for a total of $300.00 a projected over-expenditure of $5,545 in the 2007 Council Table Promotion account, 840-841-5840 to be offset by other favourable variances in Council Discretionary Advertising, Promotion and Special Events accounts;

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

(7) PURCHASE OF SPONSORSHIP
CHARLES SAURIOL ENVIRONMENTAL DINNER
WEDNESDAY, NOVEMBER 7, 2007 (7.9)

That Council purchases tickets for Councillors wishing to attend the Charles Sauriol Environmental Dinner on Wednesday, November 7, 2007 at the Pearson Convention Centre Brampton. To be charged to account 840 8415840 not to exceed $3000;

And that Council authorizes this purchase of five tickets at the cost of $150.00 for a total of $750.00 a projected over-expenditure of $6,295 in the 2007 Council Table Promotion account, 840-841-5840 to be offset by other favourable variances in Council Discretionary Advertising, Promotion and Special Events accounts;

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

CARRIED

4(c) REPORT NO. 60 - GENERAL COMMITTEE (November 5, 2007)

Council consented to separate Clause (3).

Moved by Regional Councillor G. Landon

Seconded by Councillor J. Virgilio

That Report No. 60 - General Committee be received and adopted.

(1) MINUTES OF THE OCTOBER 17, 2007
MARKHAM ADVISORY COMMITTEE ON
ACCESSIBILITY COMMITTEE (16.0)

Minutes

That the minutes of the Markham Advisory Committee on Accessibility meeting held on October 17, 2007 be received;

And that the following recommendation of the Committee be approved:

"That the resident’s request for fee relief for on street parking adjacent to her home be denied;

And that all future requests with respect to fee relief for street parking fees due to matters relating to disability be referred to the Markham Advisory Committee on Accessibility to be considered on a case by case basis."

(2) 2007 ADVISORY COMMITTEE APPOINTMENTS (16.24)

Markham Race Relations Committee

That the resignation of Mr. Warren Ali from the Markham Race Relations Committee be received with regret;

And that the vacant position be included with all other upcoming advisory committee vacancies being considered in the fall of 2007;

Leash Free Markham Committee

And that the following persons be appointed to the Leash Free Markham Committee for the term ending November 30, 2008:

Robert Bowman

Alan Glushko

Robert Goddard

CARRIED

(3) PROPOSED 2008 WATER/WASTE WATER
RATE INCREASE (7.4, & 7.5)

That the report dated November 5, 2007 entitled “Proposed 2008 Water/Wastewater Rate Increase” be received;

And that staff be authorized to hold a public meeting on November 20, 2007 at 6:45 p.m. on the proposed 2008 Water/Wastewater rate increase;

And that the proposed 2008 Water/Wastewater rate increase be equivalent to the Region of York’s (“Region”) proposed increase of 6.35% (Appendix A – Region of York Water & Wastewater Increase from 2002 to Proposed 2008) resulting in an increase in the Town of Markham’s (“Town”) Water/Wastewater rate of $0.1006 per cubic metre (m³);

And that in addition to the Region’s increase, a Water/Wastewater Infrastructure Surcharge of $0.4137 will be phased-in over 10 years effective January 1, 2008 with an increase of $0.0827/m³(20%of total increase) in 2008 and an increase of $0.0621/m³(15%of total increase) in 2009. The remaining 65% increase of $0.2689 will be spread evenly over the following 8 years which is equivalent to an increase of $0.0336/m³ per year from 2010 to 2017 inclusive. The Infrastructure Surcharge will be applied to the Water/Wastewater rate to address the ongoing replacement and rehabilitation requirements for Waterworks infrastructure;

And further that any potential Infrastructure Surcharges in addition to the above will be brought forward to Council through the annual Water/Wastewater Reserve Update and Budget discussions.

CARRIED

4(d) REPORT NO. 61 - DEVELOPMENT SERVICES COMMITTEE (NOV. 6, 2007)

Moved by Councillor J. Webster

Seconded by Councillor J. Virgilio

That Report No. 61 - Development Services Committee be received and adopted.

(1)        INTENTION TO DESIGNATE
            UNDER PART IV OF THE ONTARIO HERITAGE ACT
            AND HERITAGE EASEMENT AGREEMENT
            TOMLINSON HOUSE AND STORE
            8953 WOODBINE AVENUE
            WALKER AND MARCHAND HOLDINGS INC. (16.11.3)

Report Appendix A Appendix B Appendix C

That as recommended by Heritage Markham, the Tomlinson House and Store, and Craig Blacksmith Shop– 8953 Woodbine Avenue be approved for designation under Part IV of the Ontario Heritage Act as a property of cultural heritage value or interest;

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;

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;

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.

That the Mayor and Clerk be authorized to execute a Heritage Easement Agreement with the property owner, and any other documents required to give effect thereto, in a form satisfactory to the Town Solicitor.

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

(By-law 2007-232)

(2)        ACCEPTANCE FOR MAINTENANCE
            OF RESIDENTIAL SUBDIVISIONS
            REGISTERED PLAN NUMBERS 65M-2961,
            65R-15872, 65R-21937, 65M-3322, 65R-19336 PARTS 1 & 2
            65M-3513, 65M-3514, 65M-3731, 65M-3489, 65M-3490
            EXCEPT BLOCK 1, 65M-3491 EXCEPT BLOCK 1,
            65M-3488 EXCEPT BLOCKS 1,2,3 & 20, 65M-3721,
            65M-3546, 65M-3552, 65M-3581, 65M-3583,
            65M-3636, 65M-3763, 65M-3867 (10.7)

Report By-laws

That the report entitled “Acceptance for Maintenance of Residential Subdivisions Registered Plan Numbers 65M-2961, 65R-15872, 65R-21937, 65M-3322, 65R-19336 Parts 1 & 2, 65M-3513, 65M-3514, 65M-3731, 65M-3489, 65M-3490 except Block 1, 65M-3491 except Block 1, 65M-3488 except Blocks 1,2,3 & 20, 65M-3721, 65M-3546, 65M-3552, 65M-3581, 65M-3583, 65M-3636, 65M-3763, 65M-3867, dated November 6, 2007, be received;

And that the services in Subdivision Registered Plan Numbers 65M-2961, 65R-15872,, 65R-21937, 65M-3322, 65R-19336 Parts 1 & 2, 65M-3513, 65M-3514, 65M-3731, 65M-3489, 65M-3490 except Block 1, 65M-3491 except Block 1, 65M-3488 except Blocks 1,2,3 & 20, 65M-3721, 65M-3546, 65M-3552, 65M-3581, 65M-3583, 65M-3636, 65M-3763, 65M-3867 dated November 6, 2007 be Accepted for Maintenance;

And that by-laws be enacted by Council to accept these subdivisions and to establish each of the roads within the residential subdivisions as a public highway of the Town of Markham;

And that the Community Services Commission accept the responsibility for operating and maintaining the infrastructure within the subdivisions as part of the Town’s system;

And that acceptance of the subdivision be taken into consideration in future operating budgets;

And that the by-law to amend Schedule ‘12’ of Traffic By-law #106-71, by including compulsory stop to the indicated streets, be approved;

And that the by-law to amend Schedule ‘A’ of the Speed By-law #105-71, by including a maximum speed of 40 kilometers per hour for the streets indicated, be approved;

And that the by-law to amend Schedule ‘F’ of the speed By-law # 105-71, by including a maximum speed of 50 kilometers per hour for the streets indicated, be approved;

And that the by-law to amend Schedule ‘C’ of the Parking By-law # 2005-188, by including no parking on the streets indicated, be approved;

(By-laws 2007-233 to 2007-252)

(3) PROPOSED WINTER ENVIRONMENTAL
ART EVENT FOR 2008 (6.5)

Report

That the report to Development Service Committee dated November 6, 2007 entitled “Proposed Winter Environmental Art Event for 2008” be received;

That staff and the Markham Public Art Advisory Committee undertake a “Winter Environmental Art Event” in February 2008 at Toogood Pond;

And that funding to a maximum of $20,000 be provided from Planning and Urban Design’s Capital Account #56-5350-5293-005, “Town Wide Public Art” for all costs associated with administering and implementing the “Winter Environmental Art Event”;

And that staff provide regular updates to Development Services Committee on the status of the 2008 Winter Environmental Art Event.

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

(4) MAKE IT HAPPEN TASK FORCE
RECOMMENDATIONS (10.0)

That the Report dated November 6, 2007 entitled “Make it Happen Task Force Recommendations” be received and endorsed;

And that staff be authorized to develop action plans around the recommendations and process improvements, and provide regular progress reports to Development Services Committee;

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

(5) SIGN VARIANCE 5995 MAJOR MACKENZIE DRIVE (2.16.2)

That the ground sign variance, application # 07 115067, submitted by Cranford Developments Ltd., be granted to ensure sufficient advertisement for the full service station.

(6)        DEMOLITION PERMIT APPLICATION 07 126093 DP
            HOUSE DEMOLITION
            STEVE MAINI (AGENT);
            LORENZO AND LENA CUOZZO (OWNERS), 1 STATION STREET
            MARKHAM VILLAGE HERITAGE CONSERVATION DISTRICT (16.11.3)

That in accordance with the recommendation of Heritage Markham, Council grant the demolition permit application for the single detached house at 1 Station Street, on the basis that the house is of minor heritage significance in terms of its architectural, historical and contextual value;

That the applicant be requested to work with Town staff and Heritage Markham to discuss redevelopment options in keeping with the policies and guidelines of the Markham Village Heritage Conservation District Plan;

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

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

(7)        PROPOSED WORK PROGRAM FOR THE
            DIRECTED GROWTH STRATEGY
            LEADING TO A NEW OFFICIAL PLAN (10.0)

That the report entitled “Proposed Work Program for a Directed Growth Strategy Leading to a New Official Plan”, dated November 6, 2007, be received;

And that staff consider whether the development of a sub-committee would be beneficial and what the mandate would be;

And staff along with members of Committee consider altering the name to include the word future and incorporate that the Town of Markham is part of a Regional and Provincial Plan;

And that the Director of Planning and Urban Design be directed to proceed with the work program for a Directed Growth Strategy leading to a New Official Plan, as outlined in the report, including:

· the project phases outlined,

· arrangements for designing the consultation/communication program and completing the required studies,

· arrangements for staffing and consultants, and,

· analysis leading to recommendations for a preferred growth option,

subject to required budget approvals by Council;

And that Hemson Consulting Limited be retained as the preferred supplier to assist the Town in completing technical analyses for the growth forecasts, and for the development and evaluation of growth options, and related work, subject to required budget approvals by Council;

And that the 2008 Capital Budget requests to fund work relating to the preparation of a Directed Growth Strategy be approved through the ongoing budget process;

And that Staff report further, as necessary, in regard to individual components of the work program;

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

(8)        PARTICIPATION IN THE
            RICHMOND HILL MARKHAM CHINESE BUSINESS
            ASSOCIATION/MARKHAM BOARD OF TRADE
            BUSINESS MISSION TO CHINA (10.16)

That the report entitled “Markham’s Participation in the Richmond Hill Markham Chinese Business Association/Markham Board of Trade Mission to China” be received,

That the Town be represented by a four person delegation composed of the Mayor, the Chair of the Economic Development Committee, the Director of the Economic Development Department, and the Manager Special Projects, Economic Development,

And that the cost of the mission not exceed $42,000.00 and be expensed from within the proposed 2008 “China and India Investment Attraction Program” Capital Budget,

And Further that Council pre-approve the 2008 “China and India Investment Attraction Program” Capital Budget.

CARRIED

5. COMMUNICATIONS

Council consented to add Communications 82-2007 and 83-2007 and to separate Communication 80-2007.

Moved by Councillor J. Webster

Seconded by Regional Councillor T. Wong

That Council receive and consent to the disposition of Communication Nos. 75-2007 to 79-2007 and 81-2007 to 83-2007 as outlined herein.

Moved by Regional Councillor J. Heath

Seconded by Councillor J. Webster

That Council receive and consent to the disposition of Communication No. 80-2007 as outlined herein.

Received

75-2007 Darryl Goldstein, Thornhill Lodge of B'nai Brith Canada - Forwarding comments with respect to the proposed Fireworks By-law. (2.3)
(Clause 4, Report No. 58, 2007) (By-law 2007-230)

76-2007 David Porter, President and Owner of Wizard Fireworks - Forwarding comments with respect to the proposed Fireworks By-law. (2.3)
(Clause 4, Report No. 58, 2007) (By-law 2007-230)

Referred to all Members of Council

77-2007 Liquor Licence Application - Forwarding a request to complete the Alcohol and Gaming Commission Municipal Information Form for Caribbean Starr, 6001 14^th Avenue, Units 3B & 4B (indoor) (3.21)

Info

Referred to Town Clerk

78-2007 Office of the Ombudsman of Ontario - Forwarding general information relating to investigation of closed meetings. (13.2)
(Clause 1, Report No. 59, 2007)

Referred to Town Solicitor & Commissioner of Development Services

79-2007 Ontario Municipal Board - Forwarding a Procedural Order for the hearing scheduled for Monday, February 4, 2008 at 10:30 a.m. regarding the appeals for the following properties:

- 139, 195, 196, 198, 201, 203 and 205 Langstaff Road East

- 21, 3 and 5 Essex Avenue. (13.13)

Referred to Town Solicitor & Commissioner of Development Services

80-2007 Ontario Municipal Board - Advising that the appeals have been withdrawn regarding the applications for Lindvest Properties (Cornell) Limited, south of Highway 7 and east of 9th Line. (By-law 2007-186) (13.13 & 10.3, 10.5, 10.7, 10.6)

81-2007 Ontario Municipal Board - Advising that the appeals submitted by E.M.K. Construction Ltd. and Treelawn Construction Ltd. have been withdrawn regarding Official Plan Amendment No. 140, Rouge North Management Area/Greenbelt Official Plan Amendment. The Board will proceed with the remaining appeals filed by 1463069 Ontario Limited, 1512406 Ontario Limited, Kennedy Elgin Developments Limited, Warden Mills Developments Limited, Major Kennedy Developments Limited, 1212763 Ontario Limited, MacKenzie 48 Investments Limited, Colebay Investments Inc., Summerlane Realty Corp., Firwood Holdings Inc., Highcove Investments, Guscon Enterprises Ltd. and Mary Margaret Shank. (13.13 & 10.3)

Received

82-2007 Joe Rastin, Rocket Fireworks Inc. - Forwarding comments with respect to the proposed Fireworks By-law. (2.3)
(Clause 4, Report No. 58, 2007) (By-law 2007-230)

83-2007 Eileen P. Costello, Aird & Berlis LLP, on behalf of the Canadian Pyrotechnics Society - Providing comments to highlight their review on the memo dated November 1, 2007 from the Town Clerk reporting issues raised at the October 22, 2007 General Committee regarding the inconsistencies in the proposed Fireworks By-law. (2.3)
(Clause 4, Report No. 58, 2007) (By-law 2007-230)