2007-11-27

COUNCIL MINUTES Council Chamber, Civic Centre

Meeting No. 18

ROLL CALL

Mayor F. Scarpitti, Regional Councillor J. Heath, Regional Councillor T. Wong, Councillor V. Burke, Councillor E. Shapero, Councillor J. Virgilio, Councillor C. Moretti, Councillor J. Webster, Councillor D. Horchik, Councillor L. Kanapathi, Councillor A. Chiu. (11)

REGRETS

Regional Councillor J. Jones, Regional Councillor G. Landon. (2)

The Regular Meeting of Council was held on November 27, 2007 at 7:07 p.m. in the Council Chamber, Civic Centre. Mayor F. Scarpitti presided.

STAFF

J. Livey, Chief Administrative Officer

J. Baird, Commissioner of Development Services

A. Taylor, Commissioner of Corporate Services

C. Conrad, Town Solicitor

S. Birrell, Town Clerk

K. Kitteringham, Deputy Clerk

B. Cribbett, Treasurer

B. Nanninga, Executive Assistant

J. Wong, Technology Support Specialist

A. Seabrooke, Acting Director, Library Services, Fire Services, Recreation and Culture

P. Loukes, Acting Director, Operations and Water Works

1. DISCLOSURE OF PECUNIARY INTEREST

(1) None declared.

2. MINUTES

(1) COUNCIL MINUTES - NOVEMBER 13, 2007

Minutes

Moved by Councillor A. Chiu

Seconded by Councillor D. Horchik

That the Minutes of the Council Meeting held on November 13, 2007, be adopted.

CARRIED

3. PRESENTATIONS

(1) MARKHAM SOCCER CLUB HALL OF FAME FOR VOLUNTEERS (12.2.6)

Council recognized and thanked the volunteers outlined below for their dedication to the Markham Soccer Club. They will be inducted into the Markham Soccer Club's Hall of Fame for Volunteers of Distinction in meeting the criteria of having served the Club for at least fifteen consecutive years.

Council also recognized the Markham Soccer Club for receiving the Team of Distinction Award.

Volunteers:

• Duilio Bagnarol
• Marianne Castaldi
• Don McColl
• Sandra Wells
• Shirley Wiggans

(2) RECOGNITION OF ADOPT-A-PARK (12.2.6)

Council acknowledged and thanked the community groups for their contribution, through community events, in working with the Town of Markham to achieve a more beautiful, clean and green environment. The groups outlined below have agreed to adopt a park by conducting clean ups, a minimum of twice a year. It should be noted that many of these groups go well beyond this minimum requirement with additional clean ups, organising or participating in community tree plantings and controlling invasive weed or tree species.

Adopt-a-Park

Ward 1 Location

Pomona Mills Park Conservationists Pomona Mills Park

Grandview Area Residents' Association Grandview Park

Bayview Lane Park Volunteers Bayview Lane Park

Cricklewood Condo Corp. (YCC 299) Cricklewood Park

Federation of North American Explorers Royal Orchard Park

Ward 2 Location

Friends of Little German Mills Creek Huntington Park

Thornhill Baseball Bishops Cross Park

5th Thornhill Scouts German Mills Settlers Park

Knights of Columbus Simonston Park

German Mills Ratepayers Association Simonston Park

Neil Dattani Simonston Park

Toronto Iranians Group Duncan Park

Ward 3 Location

South Unionville Community Association South Unionville Storm Pond

Unionville BIA Millennium Square

Village Green Ratepayers Association Avoca Park

Richard Robbins International Carlton Park

Miner Circle Group Toogood Park

1^st Unionville Scout Group Bruce’s Creek

Unionville Villagers Association Bruce’s Creek & Unionville Train Station

Kevin Cash Toogood Pond

Starbuck’s Coffee Canada Crosby Park

Markham YLC Austin Drive Park

YYT Volunteer Headquarters Monarch Park

Ward 4 Location

Wismer Ratepayers Association Lampton Parkette

Milne Park Conservation Association Milne Dam Conservation Park

100th Markham Scout Group Berczy Park

Markham Village Conservancy Dorothea Moss Garden

Markham Village District Girl Guides Tannery Pond

Ward 5 Location

748 Markham Army Cadets 14^th Avenue Pathway

Friends of Paramount South Paramount Park

Rouge Valley Division Cadets

- Girl Guides of Canada Markhaven Park

Vinegar Hill Ratepayers Association Rougehaven Park

Cornell Ratepayers Association Benjamin Marr Park

Friends of White’s Hill Park White’s Hill Park

Cornell Garden Festival Committee The Mews

Linda & Friends Forster’s Common

Friends of Christian Reesor Park Christian Reesor Park

Markham Lions Club Mt. Joy Pond

Sea of Green Range Valley Park

4^th Markham Sparks Neighbourhood Clean Up

Ward 6 Location

Amici Association Warden House

2nd Unionville Cubs Coledale Park

2^nd Unionville Scouts John Button Waterway

Apple Creek Achievers Pathfinder Club Leighland Park

3^rd Unionville Cubs Milton Fierheller Park

3^rd Unionville Scouts Ashton Meadows Park

Smucker Foods of Canada Apple Creek Park

Lakhani and Tsioros Families Thomas Frisbee Woodlot

Tiger Group Hillmount Park

Ward 7 Location

333rd Markham Scout Group Armadale Park

Sri Sathya Sai Baba Centre of Toronto York James Edward Park

Islamic Society of Markham Beaupre Park, north section

Ahmadiyya Youth Association (Markham Chapter) Coppard Park

Cedar Grove Community Association Cedar Grove Park

Rouge Fairways Residents' Association Tomlinson Park

Roxbury Park Guardians - John & Clara Roxbury Park

Legacy Community Ratepayers Association Old Mill Pond

Thiakos Family Elson Park

Ward 8 Location

7th Milliken Mills Scout Group Risebrough Park

Peer Alliance Denison Park

Markham Federation of Filipino Canadians Highgate Park

Student Environmental Council John Canning Park

- Father McGivney Catholic Academy

(3) STIVER MILL, 9 STATION LANE
- RESIDENT'S SURVEY (12.2.6)

Council recognized Mr. Mark Scarrow for his participation in the resident's survey regarding the preservation of Stiver Mill, 9 Station Lane. Mr. Scarrow was congratulated for winning the survey draw as well.

4(a) REPORT NO. 62 - GENERAL COMMITTEE (November 12, 2007)

Council consented to separate Clause (1).

Moved by Councillor J. Virgilio

Seconded by Councillor E. Shapero

That Report No. 62 - General Committee be received and adopted.

(1) PREMIER TAXI PLATE
CONVERSION REQUEST (2.23)

Report 1 2

That the following paragraph be deferred until staff report back with a comprehensive report on the taxi industry, including a mechanism for the issuance of new plates:

"That By-Law No. 2002-308, “A By-Law for Licensing, Regulating, and Governing Owners and Drivers of Taxicabs and Taxicab Brokers” (as amended) be amended to:

o restrict the issuance of any new plates to Premier plates;

o provide for automatic issuance of Premier Plates based on a maximum ratio of plates to population of 1:1500

o require Premier plate holders to drive the taxicab at least 50% of total hours of operation of the taxicab

o revise the reference in Section 6.1(1) to an “application for taxi owner’s plate” to “an application for a position on the Priority List”, to be substantiated with a statutory declaration and trip sheets and/or GST registration or other documents requested by the Licensing Officer

o provide for a statutory declaration and trip sheets and/or GST registration or other documents requested by the Licensing Officer to remain on the Priority List

o add a requirement that the application be amended within seven days of any change in the information on the application for the Priority List

o provide that when a person on the Priority List declines to make application for a Premier plate when one is available, his/her name is placed at the bottom of the List

o delete Sections 4 and 5 that require the Licensing Officer to recommend removal of names from the List

o revise Section 4.9(2) to provide for requests for the transfer of regular plates in less than three years to be referred to the Licensing Committee;"

And that the request from the current Premier Plate Holders for conversion of existing Premier Plates to regular plates be approved;

And that staff report back in mid-May 2008 with a comprehensive report on the taxi industry, including a mechanism for the issuance of new plates;

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

CARRIED AS AMENDED

(See following motions to amend)

(See following motion which was lost)

Moved by Councillor J. Virgilio

Seconded by Regional Councillor J. Heath

That Clause (1) of Report No. 62, Paragraph 1, be deferred until staff report back with a comprehensive report on the taxi industry, including a mechanism for the issuance of new plates.

CARRIED

The following motion has been deferred until staff report back with a comprehensive report on the taxi industry, including a mechanism for the issuance of new plates:

"Moved by Councillor D. Horchik

Seconded by Councillor J. Webster

That Clause (1) of Report No. 62, Paragraph 1, Bullet 1, be amended to read as "restrict the issuance of any new plates to regular plates".

DEFERRED

Moved by Councillor J. Virgilio

Seconded Councillor E. Shapero

That the following Clause (1) of Report No. 62, Paragraph 2, be approved:

"And that the request from the current Premier Plate Holders for conversion of existing Premier Plates to regular plates be approved;"

CARRIED

(See following record vote) (6:5)

YEAS: Mayor F. Scarpitti, Regional Councillor T. Wong, Councillor E. Shapero, Councillor J. Virgilio, Councillor C. Moretti, Councillor A. Chiu. (6)

NAYS: Regional Councillor J. Heath, Councillor V. Burke, Councillor J. Webster, Councillor D. Horchik, Councillor L. Kanapathi. (5)

ABSENT: Regional Councillor J. Jones, Regional Councillor G. Landon. (2)

Moved by Regional Councillor J. Heath

Seconded by Councillor D. Horchik

That Clause (1), Report No. 62, Paragraph 3, be amended to have staff report back in mid-May 2008 with a comprehensive report on the taxi industry, including a mechanism for the issuance of new plates.

CARRIED

Moved by Councillor D. Horchik

Seconded by Councillor J. Webster

That Clause (1), Report No. 62, Paragraphs 1 & 2, be deferred until staff report back with a comprehensive report on the taxi industry, including a mechanism for the issuance of new plates.

MOTION LOST

(See following recorded vote) (5:6)

YES: Regional Councillor J. Heath, Councillor V. Burke, Councillor J. Webster, Councillor D. Horchik, Councillor L. Kanapathi. (5)

NAYS: Mayor F. Scarpitti, Regional Councillor T. Wong, Councillor E. Shapero, Councillor J. Virgilio, Councillor C. Moretti, Councillor A. Chiu. (6)

ABSENT: Regional Councillor J. Jones, Regional Councillor G. Landon. (2)

4(b) REPORT NO. 63 - GENERAL COMMITTEE (November 19, 2007)

Moved by Councillor J. Virgilio

Seconded by Regional Councillor T. Wong

That Report No. 63 - General Committee be received and adopted.

(1) DEVELOPMENT CHARGES
BY-LAWS RENEWALS (7.11)

That the presentation from Ms. B. Cribbett, Treasurer, regarding Development Charges By-laws Renewals, be received;

And that Council endorse in principle the Development Charges Sub-Committee recommendations, save and except that consideration of the continuance of the limited exemption on non-residential developments to August 31, 2009, be deferred to General Committee on December 3, 2007, pending a report from staff on the financial implications of continuing the exemption;

And that staff be directed to meet with the development industry and present the recommendations of the DC Sub-Committee along with the financial data;

And that staff provide periodic updates of results from consultations with the development industry.

(2) CANCELLATION, REDUCTION OR REFUND
OF TAXES UNDER SECTION 357 AND 358
OF THE MUNICIPAL ACT, 2001 RESIDENTIAL (7.1)

Report

That the residential taxes totalling $74,421.58 be adjusted under Sections 357 (in the amount of $31,071.67) and Section 358 (in the amount of $43,349.91) of the Municipal Act, 2001 of which the Town’s portion is estimated to be $19,469.23;

And that the associated interest be cancelled in proportion to the tax adjustments;

And that the Treasurer be directed to adjust the Collector’s Roll accordingly;

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

(3) AMENDMENTS TO THE PROCEDURAL BY-LAW (13.2)

Report Attachment

That the report entitled “Bill 130 –Revisions to Procedural By-law 2001-1” be received for information purposes; and

That Reasonable Notice By-law 2002-275 be repealed and the requirements contained in this By-law be incorporated into Procedural By-law 2001-1 as a Schedule; and

That Procedural By-law 2001-1 be further amended to:

1) update the definition of “Committee” and “Meeting” as prescribed by the Municipal Act;

2) reflect the ability for Council to now close a meeting to the public for the purposes of educating or training, provided that the business or decision making of Council is not materially advanced during such meetings; and

3) make two minor housekeeping amendments related to the ability to hold Council meetings in an adjacent municipality and to the inclusion of transportation items under the list of subject matters to be considered by the Development Services Committee; and

That notwithstanding the definition of Committee provided for in Procedural By-law 2001-1, all Town Committees be required to comply with the requirements of Procedural By-law 2001-1 in order to ensure consistency in meeting administration; and further,

That a copy of the report entitled “Bill 130 –Revisions to Procedural By-law 2001-1” be provided to Markham’s Local Boards and Committees for information/action.

(By-law 2007-262)

(4) MARKHAM ENVIRONMENTAL
SUSTAINABILITY FUND – FALL FUNDING (5.7)

Report 1

That staff report titled “Markham Environmental Sustainability Fund – Fall Funding”, dated November 12, 2007, be received;

And that Council approve funding for the following Community Projects as evaluated and recommended by staff and the Environmental Issues Committee as set out in this report, in the amount of $19,000.00 as follows:

· Youth Environmental Network of York Region ($10,000)

· Unionville Meadows Public School ($5,000)

· Stonebridge Public School ($4,000)

to be funded from the Markham Environmental Sustainability Fund (MESF), Account #87 2800168;

And that staff report back with details for a recognition and financial incentive system for condominiums corporations seeking to replace existing boilers with high efficiency boilers;

And that staff investigate options for providing incentives to encourage the adoption of other sustainable practices;

And that Staff be authorized to do all things necessary to give effect to the above.

CARRIED

4(c) REPORT NO. 64 - DEVELOPMENT SERVICES COMMITTEE (Nov. 6, 2007)

Moved by Councillor J. Webster

Seconded by Councillor V. Burke

That Report No. 64 - Development Services Committee be received and adopted.

(1) DEMOLITION PERMIT APPLICATION 07 127018 DP
SINGLE DETACHED DWELLING
26 ALBERT STREET, MARKHAM
MARKHAM VILLAGE HERITAGE CONSERVATION DISTRICT (16.11.3)

Report Attachment

That the correspondence from Mr. Rick Wannop requesting Development Services Committee defer the demolition application for 26 Albert Street be received;

And, that the applicant work together with the Town staff to further assess the condition of the building by permitting the removal of aluminum siding, front porch and rear lean-to and explore options of how the building could be reused including its potential use of a garage on its existing location with the addition of a new dwelling built elsewhere on the property;

And, that the demolition application 07 127018 for 26 Albert Street, Markham Village, Heritage Conservation District be deferred;

And, that it be noted that Rick Wannop, the owner of the property, has agreed with the above process and voluntarily agreed to suspend the ninety day review period specified in the Ontario Heritage Act."

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

CARRIED

4(d) REPORT NO. 65 - DEVELOPMENT SERVICES COMMITTEE (Nov. 20, 2007)

Moved by Councillor J. Webster

Seconded by Councillor L. Kanapathi

That Report No. 65 - Development Services Committee be received and adopted.

(1) RIVERLANDS AVENUE EAST OF BUR OAK
IN THE CORNELL COMMUNITY (5.17)

Report Attachment

That the report entitled “Riverlands Avenue East of Bur Oak Avenue in the Cornell Community”, dated November 20, 2007 be received;

And that Parts 2 to 5 inclusive and Part 10 on Plan 65R-28526 (closed portion of Riverlands Avenue) remain in the Town’s ownership to allow maintenance and operations of existing underground municipal services;

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

(2) AUTHORITY TO EXECUTE PRE-SERVICING AGREEMENTS (5.5)

Report Attachment

That the report entitled “Authority to Execute Pre-Servicing Agreements”, dated November 20, 2007, be received;

And that the Chief Administrative Officer and Commissioner of Development Services be authorized to approve and adopt the form of a standard draft Pre-servicing Agreement and make changes to it from time to time;

And that the Director of Engineering be authorized to execute Pre-servicing Agreements for approved development projects, prior to the execution of development agreements, site plan control agreements or subdivision agreements pursuant to the Planning Act;

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

(3) HERITAGE EASEMENT AGREEMENTS
FOR HERITAGE PROPERTY
TAX REDUCTION PROGRAM (7.3 & 16.11)

Report Attachment

That the Mayor and Clerk be authorized to execute Heritage Easement Agreements with the property owners identified on Schedule “A” attached to the report dated November 20th, 2007, 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 2007-263)

(4) CASTLEMORE AVENUE EXTENSION
FROM THE DONALD COUSENS PARKWAY
TO THE EAST LIMIT OF CASTLEMORE AVENUE
GREENSBOROUGH SECONDARY PLAN (5.10)

Report

That the report entitled “Castlemore Avenue Extension, from the Donald Cousens Parkway to the East Limit of Castlemore Avenue in the Greensborough Secondary Plan”, dated November 20, 2007, be received;

And that the Mayor and the Clerk be authorized to execute a construction agreement with Humbold Properties Limited to complete Castlemore Avenue running east from the Donald Cousens Parkway , at the developers cost, in a form satisfactory to the Chief Administrative Officer and Town Solicitor, provided that Humbold Properties Limited provides evidence, satisfactory to the Town Solicitor, that the requirements of the Municipal Class Environmental Assessment have been met;

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

(5) PILOT PROJECT EVALUATION
OF ALTERNATIVE LOT SIZES,
SERVICING ALLOCATION AND ZONING APPROVAL
FOR DRAFT PLAN OF SUBDIVISION 19TM-06017
CORNELL ROUGE DEVELOPMENT CORPORATION
CORNELL COMMUNITY (ZA 06-135990) (5.5, 10.5, 10.7)

Report Attachment

That the zoning application (ZA 06-135990), submitted by Cornell Rouge Development Corporation to implement draft plan of subdivision 19TM-06017 (SU 06-135988) south of 16^th Avenue, east of Cornell Centre Boulevard, be approved and the draft Zoning By-laws attached as Appendix ‘A’ be finalized and enacted;

That single-detached lots with frontages less than 11m and depths of 25m, and all semi-detached lots with depths of 25m be considered in residential subdivisions in the Cornell Community on a limited basis, subject to appropriate measures being taken to ensure provision of appropriately sized outdoor amenity space.

That the conditions under which single-detached lots with frontages less than 11m and depths of 25m, and semi-detached lots with depths of 25m are permitted, as outlined in this report, be included in the Community Design Plan and/or Architectural Control Guidelines for the Cornell Community, as appropriate.

That servicing allocation for 124 units (422.0 population), consisting of 79 single-detached units, 14 semi-detached units and 31 townhouse units, be granted to Cornell Rouge Development Corporation subject to written confirmation from the Trustee of the Cornell Landowners Group that servicing allocation is available from the total sewer and water allocation granted to the Cornell Community by the Town and the Region;

That Cornell Rouge Development Corporation pay their proportionate share of the Hwy 48 flow control measures, to the satisfaction of the Director of Engineering;

That the Town reserves the right to revoke or reallocate the servicing allocation should the development not proceed in a timely manner;

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

(By-law 2007-264 and 2007-265)

(6) TOWN INITIATED OFFICIAL PLAN AMENDMENT
TO SET OUT THE REQUIREMENTS FOR COMPLETE
OFFICIAL PLAN, ZONING BY-LAW, SUBDIVISION
AND CONSENT APPLICATIONS SUBMISSIONS, AND
CONSULTATION BY-LAW REQUIREMENTS FOR
OFFICIAL PLAN, ZONING BY-LAW, PLAN OF SUBDIVISION
AND SITE PLAN APPLICATIONS
(OP.07-131262) (10.3, 10.5, 10.6 & 10.7)

Report Attachment

That the staff report entitled “Town Initiated Official Plan Amendment to Set Out the Requirements for Complete Official Plan, Zoning By-Law, Subdivision and Consent Applications Submissions, and Consultation By-Law Requirements for Official Plan, Zoning By-Law, Plan of Subdivision and Site Plan Applications”, dated November 20, 2007 be received;

That a Public Meeting be held to consider the Town Initiated Official Plan (OP.07-131262) amendment (Appendix ‘A’) to add policies to the Official Plan to set out requirements for complete Official Plan, Zoning By-law, Subdivision and Consent applications;

That notice of the Public Meeting be advertised in the local papers, after the Town has received confirmation from York Region regarding their determination whether or not the proposed Official Plan is of local significance, and is exempt from Regional approval;

That By-law 2002-276, “to impose fees or charges for services or activities provided or done by the Town of Markham” be amended to increase the Meeting Notice Fee of $1.75 per notice to $2.25 per notice;

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

(By-law 2007-266)

(7) UP-DATED MARKHAM CENTRE
PERFORMANCE MEASURES (10.0)

Report Attachment

That the report dated November 20, 2007 titled “Up-dated Markham Centre Performance Measures” be received;

That Council endorse the revised Performance Measures Document;

That staff finalize the Performance Measures Document for distribution and use in the review of development applications within Markham Centre;

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

(8) UPDATE ON OPA'S
INTEGRATED POWER SYSTEM PLAN (IPSP0 (5.7)

Memo Report 1 2

That the Memorandum titled, “Update on OPA’s Integrated Power System Plan (IPSP)” be received;

That Council supports the position that efforts on Conservation Demand Management (CDM) should be given priority and emphasized within the Province’s IPSP;

That Council supports the position that a greater system planning emphasis and dependence on distributed generation and district energy technologies in communities be included within the Province’s IPSP;

That Council supports an “integrated solution” for supply to Northern York Region comprised of: Demand Reduction; New Transformer Station capacity; and Local Generation as adopted by Council on September 27, 2005 and further endorsed by Council on April 24, 2007.

That the Town of Markham is strongly opposed to a transmission contingency solution for Northern York Region and requests the OPA to expedite supply options to Northern York Region that do not include transmission solutions;

That the Development Services Committee support, the submission of this Memorandum to the Ontario Power Authority, the Ontario Energy Board, Hydro One, PowerStream, Region of York, and the Ministry of Energy, and that this support be ratified by Council at the November 27, 2007 Council meeting;

That this Memorandum be forwarded to the Honourable M. Chan, M.P.P. Markham, the Honourable P. Shurman, M.P.P. Thornhill, the Honourable Gerry Phillips, Provincial Minister of Energy, and to all Members of the Aurora-Markham Hydro One Task Force;

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

(9) MINUTES OF THE OCTOBER 19, 2007
BUILDING & PARKS COMMITTEE
MARKHAM VILLAGE LIBRARY (16.0)

Minutes

That the correspondence received from Phil Howes, Manager, Markham BIA, Dianne More, and Ignazio Natoli, expressing support for the proposed wooden slat coverings be received;

And that the proposed wooden slat covering for the west wall of the Markham Village Library be approved as per the original architectural plan.

CARRIED

4(e) REPORT NO. 66 - DEVELOPMENT SERVICES PUBLIC MEETING (Nov. 20, 2007)

Moved by Councillor J. Webster

Seconded by Councillor C. Moretti

That Report No. 66 - Development Services Public Meeting be received and adopted.

(1) AMENDMENTS TO DEVELOPMENT
AND BUILDING FEE BY-LAWS (7.12)

Report 1

That the Record of the Public Meeting held on November 20, 2007, with respect to the proposed amendments to the Development and Building Fee By-laws be received;

That the amendment to the “Tariff of Fees for Processing Planning Applications,” By-law 211-83, substantially in the form attached as Attachment "A", be enacted;

And that By-law 2007-16 be repealed and the attached “By-law respecting Construction, Demolition and Change of Use Permits and Inspections,” attached as Attachment “B”, be enacted;

And that the By-laws come into force and take effect on January 1, 2008.

(By-laws 2007-67 and 2007-68)

4(f) REPORT NO. 67 - GENERAL COMMITTEE (November 26, 2007)

Council consented to add Report No. 67 - General Committee. Council also consented to separate Clause (1).

Moved by Councillor J. Virgilio

Seconded by Regional Councillor T. Wong

That Report No. 67 - General Committee be received and adopted.

(1) 2008 WATER/WASTEWATER RATE INCREASE (5.3)

Report Appendix A B C D

That the report dated November 26, 2007 entitled “2008 Water/Wastewater rate increase” be received;

And that the minutes of the Public Council Meeting held November 20, 2007, regarding water/wastewater rate increases, be received;

And that the 2008 Water/Wastewater rate increase be equivalent to the Region of York’s (“Region”) increase of 6.35% 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/m³ 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 that the total 2008 Water/Wastewater rate be increased from $1.5838/m³ to $1.7671/m³, an increase of $0.1833/m³ or 11.6%;

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

And that Staff report back to Council annually on the Region’s Water/Wastewater rate increase and the status of the Water/Wastewater Reserve Balance and any potential Infrastructure Surcharges in addition to the total increase of $0.4137/m³;

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

(By-law 2007-271)

CARRIED

(See following recorded vote) (10:1)

YEAS: Mayor F. Scarpitti, Regional Councillor T. Wong, Councillor V. Burke, Councillor E. Shapero, Councillor J. Virgilio, Councillor C. Moretti, Councillor J. Webster, Councillor D. Horchik, Councillor L. Kanapathi, Councillor A. Chiu. (10)

NAYS: Regional Councillor J. Heath. (1)

ABSENT: Regional Councillor J. Jones, Regional Councillor G. Landon. (2)

(2) NOMINATION OF OPERA YORK FOR
PREMIER’S AWARD OF EXCELLENCE IN THE ARTS (13.5.12)

Letter

That the letter dated November 15, 2007 from the City of Vaughan regarding Vaughan’s nomination of Opera York for the Premier’s Award of Excellence in the Arts and requesting that the Mayor submit a letter of support for the nomination by November 30, 2007, be received;

And that the Mayor write a letter in support of the nomination.

CARRIED

4(g) REPORT NO. 68 - DEVELOPMENT SERVICES COMMITTEE (November 27, 2007)

Council consented to add Report No. 68 and to separate Clause (2).

Moved by Councillor J. Webster

Seconded by Councillor D. Horchik

That Report No. 68 - Development Services Committee be received and adopted.

(1) CLASS ENVIRONMENTAL ASSESSMENT
FOR CENTURIAN DRIVE
WOODBINE AVENUE TO ALLSTATE PARKWAY (5.7)

Report Attachment A B Attachment C

That the report entitled “Centurian Drive Class Environmental Assessment”, dated November 20, 2007 be received;

And that the preferred alternative for the reconstruction of Centurian Drive between Allstate Parkway and Woodbine Avenue as detailed in the Centurian Drive Class Environmental Assessment Study Report be endorsed;

And that subject to 2008 Capital Budget approval staff be authorized to proceed with the detailed design for the Centurian Drive improvements;

And that the Mayor and Clerk be authorized to enter into agreements to acquire properties as may be required to implement the recommended alternative subject to the approval of the CAO and the Town Solicitor and 2008 capital budget approval;

And that in the event that staff are unable to come to an agreement with the property owners for the acquisition of the required lands, the CAO, in conjunction with the Town Solicitor, be authorized to expropriate the necessary property and/or easements;

And that staff be authorized and directed to do all things necessary, including the execution of documents, to give effect to the above.

CARRIED

(2) KENNEDY ROAD FEEDERMAIN PD4 TO PD6
CLASS ENVIRONMENTAL ASSESSMENT (5.7)

Report Attachment

That the staff report entitled “Kennedy Road Feedermain PD4 to PD6, Class Environmental Assessment” be received;

And that the City of Toronto and Region of York be requested to work with the Town of Markham to address residents/business concerns regarding construction impacts;

And that the preferred alternative alignment for the construction of the Kennedy Road feedermain as set out in the Class Environmental Assessment prepared by the City of Toronto and Region of York, be subject to the following conditions:

· The City of Toronto and Region of York enter into suitable Agreements with the Town for the acquisition of easements over Town properties.

· The design of the watermain be subject to the review and approval of the Town of Markham as it relates to the impact of construction on municipal services.

· The City of Toronto and Region of York prepare a detailed traffic management plan for the project and that this Traffic Management Plan be subject to the review and approval of the Town of Markham as it relates to the impact of construction on the local road network.

· The City of Toronto and Region of York prepare a Public Communication Plan relating to traffic, noise and other potential construction impacts of the project and that this Plan be subject to the review and approval of the Town of Markham;

And that the Mayor and Clerk be authorized to enter into Agreements with the City of Toronto and York Region as required with respect to the conveyance of easements and other items relating to the implementation of the project, in a form satisfactory to the CAO, the Town Solicitor and the Commissioner of Fire and Community Services;

And that the City of Toronto be requested to work with Markham Community Services Commission in the update of the Milliken Mills Park Master Plan, including the area in and around the water tower and facilities;

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

And that Debbie Korolnek, General Manager, Water and Wastewater of the Region of York and Michael D’Andrea, Director of Water Infrastructure Management of the City of Toronto be advised of this decision.

CARRIED

5. COMMUNICATIONS

Moved by Councillor A. Chiu

Seconded by Regional Councillor T. Wong

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

Referred to all Members of Council

84-2007 Greg McCormick, Unionville BIA - Forwarding a request to close the following roads to facilitate the Olde Tyme Christmas being held on Friday, December 7, 2007:

- Main Street Unionville north of Euclid to south of Library Lane (6:00 p.m. to 8:00 p.m.)

- Main Street Unionville at Concession Road to south of Carlton Road (6:00 p.m. to 10:00 p.m.)

- Carlton Road west of Concession Road to south of Pomander Road (6:00 p.m. to 8:00 p.m.)

- Fred Varley east of EJ Lennox Way to Main Street Unionville (6:00 p.m. to 10:00 p.m.) (3.5) (By-law 2007-269)

Info

85-2007 Liquor Licence Application - Forwarding a request to complete the Alcohol and Gaming Commission Municipal Information Form for It's All Greek, 3760 Highway No. 7, Unit 2A (indoor) (3.21)

Info

86-2007 Liquor Licence Application - Forwarding a request to complete the Alcohol and Gaming Commission Municipal Information Form for Homewood Suites by Hilton - Markham, 50 Bodrington Court (indoor & outdoor) (3.21)

Info

CARRIED

6. OTHER BUSINESS

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

(1) MINUTES OF THE BUILDING AND PARKS
CONSTRUCTION COMMITTEE
MEETING OF NOVEMBER 16, 2007 (16.0)

Minutes

Moved by Councillor V. Burke

Seconded by Councillor A. Chiu

That the minutes of the Building and Parks Construction Committee meeting of November 16, 2007 be received;

And that the following recommendation from item 5(b) of the minutes be approved:

“That the request for the extension of Centennial Community Centre Addition and Renovation Contract Number 055-T-05, be received;

And that Contract Number 055-T-05 between the Town of Markham and Canning Contracting Limited for the expansion and renovation of the Centennial Community Centre be extended from November 27, 2007 to January 31, 2008.”

CARRIED

(2) COMMUNITY AWARDS RECEPTION (12.2.6)

Council requested the Chief Administrative Officer, the Town Clerk and the Executive Assistant to Mayor and Council to look into the hosting of receptions for groups being recognized for various community awards prior to the Council meeting during which the award will be presented.

7. BY-LAWS

Council consented to add By-law 2007-271 and to withdraw By-law 2007-261.

Moved by Councillor A. Chiu

Seconded by Councillor L. Kanapathi

That By-laws 2007-262 to 2007-269 and 2007-271 be given three readings and enacted.

Three Readings

BY-LAW 2007-261 A by-law to amend By-law 2002-308, a by-law for licensing, regulating and governing owners and drivers of taxicabs and taxicab brokers (Premier taxi plate conversion).
(Clause 1, Report No. 62, 2007) WITHDRAWN

BY-LAW 2007-262 A by-law to amend Procedural By-law 2001-1 (Bill 130 and housekeeping amendments).
(Clause 3, Report No. 63, 2007)

BY-LAW 2007-263 A by-law to authorize the execution of Heritage Easement Agreements (Priscilla Kent, 111 John Street; Zenouzi Imani & Firozeh Shadmanpour, 7705 to 7707 Yonge Street; Diane Mitchell, 2 David Gohn Circle; K.E.C. Holdings Inc., 128 Main Street North Markham; Dejana & Blagoj Kosovksi, 190 Main Street North Markham; Yvonne & Kenneth Posthill, 249 Main Street North Markham; Amber Plains Investment Ltd., 819 Bur Oak Avenue).
(Clause 3, Report No. 65, 2007)

BY-LAW 2007-264 A by-law to amend Zoning By-law 304-87, as amended (Cornell Rouge Development Corporation, 19TM-06017, Part of Lots 13 to 15, Concession 9, south of 16th Avenue, east of Cornell Centre Boulevard - To delete the subject lands from By-law 304-87, as amended, to permit residential dwelling units and open space blocks).
(Clause 5, Report No. 65, 2007)

BY-LAW 2007-265 A by-law to amend Zoning By-law 177-96, as amended (Cornell Rouge Development Corporation, 19TM-06017, Part of Lots 13 to 15, Concession 9, south of 16th Avenue, east of Cornell Centre Boulevard - To permit residential dwelling units and open space blocks).
(Clause 5, Report No. 65, 2007)

BY-LAW 2007-266 A by-law to amend Fee By-law 2002-276 (To revise meeting notice fee of $1.75 to $2.25 per notice).
(Clause 6, Report No. 65, 2007)

BY-LAW 2007-267 A by-law to amend Tariff of Fees for Processing Planning Applications By-law 211-83 (Planning/Urban Design and Engineering Department fee revisions).
(Clause 1, Report No. 66, 2007)

BY-LAW 2007-268 A by-law respecting construction, demolition and change of use permits and inspections) (Building By-law) (Repeals Building By-law 2007-16).
(Clause 1, Report No. 66, 2007)

BY-LAW 2007-269 A by-law to authorize the temporary closure of various roads at Main Street Unionville to facilitate the Olde Tyme Christmas being held on December 7, 2007.
(Communication 84-2007)

BY-LAW 2007-271 A by-law to amend By-law 2002-276, a by-law to impose fees or charges for services or activities provided or done by the Town of Markham (To update Water/Wastewater Rates - Effective January 1, 2008).
(Clause 1, Report No. 67, 2007)

CARRIED

8. IN-CAMERA ITEMS

Moved by Councillor D. Horchik

Seconded by Regional Councillor J. Heath

That Council resolve into an in-camera session to discuss confidential legal and personnel matters at 8:56 p.m.

_________________

Councillor J. Virgilio left the meeting at 8:58 p.m. and was not present during the deliberation of the matter regarding Regional Councillor J. Jones.

_________________

Moved by Regional Councillor J. Heath

Seconded by Councillor J. Webster

That Council rise and the Chair report the following from in-camera session at 10:37 p.m.:

REPORT OF DEVELOPMENT SERVICES COMMITTEE - November 20, 2007

(1) CONFIDENTIAL LEGAL MATTER (10.0)

That the memorandum dated November 15, 2007 from the Town Solicitor providing an update regarding a confidential legal matter be received.

CARRIED

REPORT OF GENERAL COMMITTEE - November 26, 2007

(2) PERSONNEL MATTER - J. JONES (11.0)

Mayor F. Scarpitti read the correspondence from Regional Councillor Jim Jones regarding his intention to step down as Deputy Mayor. Ms. C. Conrad, Town Solicitor, read the letter from Mr. Scott Fenton, Solicitor for Regional Councillor Jim Jones, summarizing Mr. Jones' wishes to continue as Regional Councillor.

That the correspondence from Regional Councillor Jim Jones and the letter from Mr. Scott Fenton, Solicitor for Regional Councillor Jim Jones, be received;

And that Council accept Regional Councillor Jim Jones stepping down as Deputy Mayor;

And that Regional Councillor Jim Jones be removed from position as Chair and Vice-Chair on all Town Committees, Subcommittees, and Boards;

And that all appointments for Regional Councillor Jim Jones be revoked with respect to external Committees, Boards, and agencies;

And that Regional Councillor Jim Jones be asked to immediately resign from Markham Council.

CARRIED

(See following recorded votes)

Council consented to division of the question for voting purposes, as follows:

Moved by Councillor C. Moretti

Seconded by Councillor E. Shapero

"And that Council accept Regional Councillor Jim Jones stepping down as Deputy Mayor;"

CARRIED

(See following recorded vote) (10:0)

YEAS: Mayor F. Scarpitti, Regional Councillor J. Heath, Regional Councillor T. Wong, Councillor V. Burke, Councillor E. Shapero, Councillor C. Moretti, Councillor J. Webster, Councillor D. Horchik, Councillor L. Kanapathi, Councillor A. Chiu. (10)

ABSENT: Regional Councillor J. Jones, Regional Councillor G. Landon, Councillor J. Virgilio. (3)

Moved by Councillor L. Kanapathi

Seconded by Councillor E. Shapero

"And that Regional Councillor Jim Jones be removed from position as Chair and Vice-Chair on all Town Committees, Subcommittees, and Boards;

And that all appointments for Regional Councillor Jim Jones be revoked with respect to external Committees, Boards, and agencies;"

CARRIED

(See following recorded vote) (10:0)

YEAS: Mayor F. Scarpitti, Regional Councillor J. Heath, Regional Councillor T. Wong, Councillor V. Burke, Councillor E. Shapero, Councillor C. Moretti, Councillor J. Webster, Councillor D. Horchik, Councillor L. Kanapathi, Councillor A. Chiu. (10)

ABSENT: Regional Councillor J. Jones, Regional Councillor G. Landon, Councillor J. Virgilio. (3)

Moved by Councillor D. Horchik

Seconded by Councillor J. Webster

"And that Regional Councillor Jim Jones be asked to immediately resign from Markham Council."

CARRIED

(See following recorded vote) (6:4)

YEAS: Mayor F. Scarpitti, Regional Councillor T. Wong, Councillor C. Moretti, Councillor J. Webster, Councillor D. Horchik, Councillor L. Kanapathi. (6)

NAYS: Regional Councillor J. Heath, Councillor V. Burke, Councillor E. Shapero, Councillor A. Chiu. (4)

ABSENT: Regional Councillor J. Jones, Regional Councillor G. Landon, Councillor J. Virgilio. (3)

Moved by Regional Councillor J. Heath

Seconded by Councillor J. Webster

That the report be adopted, approved and confirmed.

CARRIED

_________________

Councillor J. Virgilio returned to the meeting at 10:46 p.m.

_________________

9. CONFIRMATORY BY-LAW

Moved by Regional Councillor T. Wong

Seconded by Councillor L. Kanapathi

That By-law 2007-270 be given three readings and enacted.

Three Readings

BY-LAW 2007-270 A by-law to confirm the proceedings of the Council meeting of November 27, 2007.
(Council Meeting No. 18, 2007)

CARRIED

10. ADJOURNMENT

Moved by Councillor A. Chiu

Seconded by Regional Councillor J. Heath

That the meeting do adjourn.

CARRIED

Council adjourned at 10:48 p.m.

___________________________________ _____________________________________

SHEILA BIRRELL, TOWN CLERK FRANK SCARPITTI, MAYOR

(Signed)