Meeting No. 19

That the report entitled “Crown Owned Properties – Payments in Lieu of Taxes” be received;

And that Council support the motion by the Federation of Canadian Municipalities (FCM) requesting that the Federal Government withdraw its appeal for properties in the City of Montreal and pay its fair share of property taxes to the local government in communities where it owns property;

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

(4) MARKHAM TAXI PRIORITY LIST (2.23)

Attachment

That the letter from Mr. B. Dager, taxi driver, requesting an appeal on the decision to remove his name from the Taxi Priority List;

And the deputation from Mr. M. Eid on behalf of Mr. Dager be received;

And that a Licensing Committee hearing be convened to hear Mr. B. Dager’s appeal against the removal of his name from the Taxi Priority List.

CARRIED

4(b) REPORT NO. 70 - GENERAL COMMITTEE (December 3, 2007)

Council consented to separate Clause (5).

Moved by Councillor J. Virgilio

Seconded by Councillor V. Burke

That Report No. 70 - General Committee be received and adopted.

(1) 2007 ADVISORY COMMITTEE APPOINTMENTS (16.24)

Markham Conservation Committee

That the resignation of Mr. Samuel Yip from the Markham Conservation Committee be accepted with regret;

And that the vacancy be considered with all other upcoming advisory committee vacancies being considered.

(2)        AMENDMENT TO RECORDS RETENTION BY-LAW 2001-101
            RELATIVE TO FIREFIGHTER HUMAN
            RESOURCES RECORDS (12.1)

That By-law No. 2001-101 be amended to add a new retention code for the permanent retention of Town of Markham Firefighters’ Human Resources records;

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

(By-law 2007-272)

(3) CONVEYANCING OF PARTS 5 AND 8
PLAN 65R-29026 TO THE REGION OF YORK
FOR WARDEN AVENUE ROAD WIDENING
SOUTH OF AHORN GROVE AND WEST OF WARDEN (8.10)
Report Attachment

That Pursuant to By-law 178-96 Parts 5 and 8, Plan 65R-29026 be declared surplus to Town of Markham purposes and that notice of the proposed disposition of such lands be placed on the agenda for the Council meeting of December 11, 2007;

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

(Other Business (1))

(4) DEVELOPMENT CHARGES INDEXING
JANUARY 1, 2008 (7.3)

That the report titled “Development Charges Indexing January 1, 2008” be received;

And that Council approve an increase in development charges of 3.50%, effective January 1, 2008.

(5) 9 STATION LANE (STIVER MILL)
UNIONVILLE HERITAGE CONSERVATION DISTRICT
OPTIONS FOR DISPOSITION (7.12)

That the Request for Expressions of Interest Package for the adaptive re-use of the Stiver Mill property be a long term lease;

And that staff report back on the results of the Request for Expressions of Interest, including the preferred submission;

And that the Stiver Mill Steering Committee be involved in the process for developing criteria for the Request for Expressions of Interest and be provided with the opportunity for continued input on the subject;

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

CARRIED AS AMENDED

(See following motion to amend)

Moved by Councillor J. Virgilio

Seconded by Councillor C. Moretti

That Clause 5, Report No. 70, Paragraph 1, be amended to delete the words "…include the preferred option of, but not be limited to…" and add the word "…be…" after the word "…property…" in line 2.

CARRIED

(6) STREET LIGHT ENERGY REVIEW, EXISTING SYSTEM
AND ALTERNATIVE ENERGY EFFICIENT PRODUCTS (10.0)

Report Attachments

That the report dated October 17, 2007, entitled “Streetlight Energy Review, Existing System and Alternative Energy Efficient Products” be received;

And that the Asset Management Department and the Markham Energy Conservation Office (MECO) continue to investigate alternative streetlighting products on an ongoing basis and make recommendations to the Engineering Department for revisions to the Town’s streetlighting standards for use in new developments, when and if such products are proven to be more energy efficient and as reliable as existing standards and to report back to Council on an on-going basis;

And that the Asset Management Department and MECO, be authorized to undertake a pilot project to reduce the wattage of existing cobra head streetlight fixtures in the Allstate Parkway industrial/commercial area (Highway 7 and Woodbine Avenue) at a cost not to exceed $50,000 and to report back to Council in 12 months on the results of the pilot project;

And that the Asset Management Department, MECO and the Engineering Department be authorized to study options to reduce energy consumption and light pollution of the existing decorative globe fixtures on Town Centre Boulevard and to report back to Council;

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

(7) CANCELLATION, REDUCTION
OR REFUND OF TAXES
UNDER SECTIONS 357 & 358 OF
THE MUNICIPAL ACT, 2001-COMMERCIAL (7.1)

That the non-residential taxes totalling $99,740.52 be adjusted under Section 357 (in the amount of $97,846.05) and Section 358 (in the amount of $1,894.47) of the Municipal Act, 2001 of which the Town’s portion is estimated to be $19,879.91;

And that the associated interest is 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.

(8) TAX WRITE-OFFS IN ACCORDANCE
WITH SECTION 354 OF THE MUNICIPAL ACT, 2001 (7.1)

That taxes totalling $245,757.85 (includes penalty and interest estimated in the amount of $24,012.69) as set out in this report be written off pursuant to the provisions of Section 354 of the Municipal Act, 2001, of which the Town’s portion is $58,815.90;

And that the applicable penalty and/or interest charges be adjusted accordingly;

And that the Treasurer be directed to remove the taxes from the Collector’s Roll.

CARRIED

4(c) REPORT NO. 71 - DEVELOPMENT SERVICES COMMITTEE (Dec. 4, 2007)

Council consented to separate Clause (7).

Moved by Councillor J. Webster

Seconded by Councillor A. Chiu

That Report No. 71 - Development Services Committee be received and adopted.

(1) TREE PRESERVATION BY-LAW (5.7)

Presentation

That the presentation from Ms. L. Irvine, Manager, Parks and Open Space Planning providing an update on the proposed Tree Preservation By-law be received;

And, that a Tree Preservation By-law Task Force be formed with Regional Councillor T. Wong, Regional Councillor J. Heath, Councillor D. Horchik, Councillor V. Burke, Councillor E. Shapero, Linda Irvine, and Carolyn Stobo;

And, that the Tree Preservation By-law Task Force report back to the Development Services Committee.

(2) ASSUMPTION OF PLANS OF SUBDIVISION (10.7)

Whereas by Memorandum dated October 22, 2007 the Director of Engineering advised that the guarantee periods for Registered Plan 65M-2893, 65M-2894, 65M-3528, 65M-3574, 65M-3000, 65M-3453, Parts 2 to 8, Plan 65R-15023, Parts 1 and 2, Plan 65R-29876 has expired and all conditions of their respective subdivision agreements have been complied with and recommend that these subdivisions be granted final assumption.

Now therefore be it resolved:

That the services in the following subdivisions be assumed:

Cedarland Properties Limited 65M-2893

65M-2894

Lazo Mikijelj and Marco Muzzo, Trustees 65M-3528

Anison Management Inc.

Ashton Meadows Inc.

Invar (1989) Limited 65M-3574

Laburnham Investments Inc. 65M-3000

Laburnham Investments Inc. 65M-3453

And that the Mayor and Clerk be authorized to execute the necessary releases from the terms of the subdivision agreements.

And further that the necessary by-laws be enacted to establish roads within the subdivisions as part of the highways of the Town of Markham.

(By-law 2007-273 to 2007-277

(3)        OFFICIAL PLAN AND ZONING BY-LAW AMENDMENT
            APPLICATIONS BY BOX GROVE HILL DEVELOPMENTS INC.
            TO PERMIT A SERVICE STATION AND
            ASSOCIATED CONVENIENCE RETAIL USES
            AND A STAND ALONE RESTAURANT WITHIN THE
            NORTHEAST AREA OF THE BOX GROVE COMMUNITY
            (OP 06 113600 & ZA 06 113759) (10.3, 10.5)

That the Official Plan Amendment application (OP 06 113600) submitted by Box Grove Hill Developments Inc. to provide for a service station and associated convenience retail uses and a stand alone restaurant within the northeast area of the Box Grove Community, be approved and the draft Official Plan Amendment attached as Appendix ‘A’ be finalized and adopted;

That the Zoning By-law Amendment application (ZA 06 113759) to amend By-law 177-76, as amended, submitted by Box Grove Hill Developments Inc. to permit a service station and associated convenience retail uses and a stand alone restaurant within the northeast area of the Box Grove Community, be approved and the draft Zoning By-law Amendment attached as Appendix ‘B’, be finalized and enacted.

(4)        TOWN-INITIATED AMENDMENT
            TO THE SIGN BY-LAW
            (WALL SIGNS IN SPECIAL SIGN DISTRICTS)
            (ZA 07 109644) (2.16 & 10.0)

That the Development Services Staff Report entitled “Recommendation Report, Town-Initiated Amendment to the Sign By-Law (Wall Signs in Special Sign Districts), ZA 07 109644,” be received;

That the proposed amendment to the Sign By-law 2002-94, attached as Appendix ‘C’, be approved and enacted without further notice;

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

(By-law 2007-278)

(5) PROPOSED ADULT SCHOOL CROSSING GUARD
AT BUR OAK AVENUE AND ROY RAINEY AVENUE (5.12)

Report Attachment A Attachment B

That the staff report entitled “Proposed Adult School Crossing Guard at Bur Oak Avenue and Roy Rainey Avenue” dated December 4, 2007, be received;

And that the Engineering Department be authorized to establish an adult school crossing guard service at the intersection of Bur Oak Avenue and Roy Rainey Avenue, at a cost of $4,628.40 per year, exclusive of GST;

And that the adult school crossing guard services be funded through the Operating Budget, account 640-9985642;

And that the Operations Department be directed to install the school crossing signs and crosswalk pavement markings at the subject location to a maximum of $1,000;

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

(6)        PROPOSED ALL WAY STOP CONTROL
            – (1) RODICK ROAD AND RIVIERA DRIVE AND
            (2) WORTHING AVENUE AND CARTMEL DRIVE (5.12.3)

Report Att 1 Att 2 By-law

That the report entitled “Proposed All Way Stop Control – (1) Rodick Road and Riviera Drive and (2) Worthing Avenue and Cartmel Drive” dated December 4, 2007, be received;

And that Schedule 12 of By-law 106-71 for all-way stop control be amended to include the intersections of (1) Rodick Road and Riviera Drive and (2) Worthing Avenue and Cartmel Drive;

And that the Operations Department be directed to install the appropriate signs and pavement markings at the subject locations, funded through the 2008 Engineering budget, Capital Project #8402;

And that the Operations Department be directed to maintain the signs and pavement markings at the subject locations;

And that York Regional Police be requested to enforce the all-way stop control upon installation of these signs and passing of the By-law;

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

(By-law 2007-279)

(7)        HIGHWAY 404 NORTHBOUND OFF RAMP
            EXTENSION AT HIGHWAY 7
            CLASS ENVIRONMENTAL ASSESSMENT (5.10)

That the staff report entitled “Highway 404 Northbound Off Ramp Extension at Highway 7 Class Environmental Assessment”, dated December 4, 2007, be received;

And that the preferred alternative for the construction of the Northbound Off Ramp at Highway 404 and Highway 7 as set out in the Environmental Study Report be endorsed;

And that staff be authorized to issue a Notice of Study Completion for the project which will make the Environmental Study Report available for public review for a period of 45 days commencing December 13^th 2007;

And that the Mayor and Clerk be authorized to enter into Agreements to acquire land which may be required to implement the preferred alternative in a form satisfactory to the CAO and the Town Solicitor and subject to capital budget approval;

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

CARRIED

(See following recorded vote) (9:3)

YEAS: Mayor F. Scarpitti, Regional Councillor J. Heath, Regional Councillor T. Wong, Councillor J. Virgilio, Councillor C. Moretti, Councillor J. Webster, Councillor D. Horchik, Councillor L. Kanapathi, Councillor A. Chiu. (9)

NAYS: Regional Councillor J. Jones, Councillor V. Burke, Councillor E. Shapero. (3)

ABSENT: Regional Councillor G. Landon. (1)

(8)        CONSULTANT SELECTION RFP #078-R-07
            CLASS ENVIRONMENTAL ASSESSMENT
            FOR MAIN STREET MARKHAM
            HIGHWAY 407 TO THE FUTURE
            DONALD COUSENS PARKWAY (5.10)

Report Attachment A Attachment B

That the report entitled “Consultant Selection RFP # 078-R-07, Class Environmental Assessment for Main Street Markham, Highway 407 to the future Donald Cousens Parkway” be received;

And that the Request for Proposal #078-R-07 be awarded to the highest ranked qualified firm, McCormick Rankin Corporation for an upset limit of $497,000 exclusive of GST ($526,820 inclusive of GST);

And that a contingency amount of $74,550 exclusive of GST ($105,364 inclusive of GST) be established to cover any additional costs and that the Director of Engineering be authorized to approve expenditure of this contingency amount up to the specified limit;

And that the sum of $214,490 exclusive of GST be pre-approved in the 2008 Capital budget to increase the existing approved budget amounts as described in the financial considerations of this report, and be funded by Development Charges;

And that upon payment of all invoices, any remaining funds be returned to the original funding source;

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

(9)        GUIDELINES FOR THE RESOLUTION OF
            RAILWAY NOISE AND VIBRATION COMPLAINTS
            UNDER THE CANADA TRANSPORTATION ACT (5.13)

That the report entitled “Guidelines for the Resolution of Railway Noise and Vibration Complaints Under the Canada Transportation Act”, be received;

And that staff provide comments to the Canadian Transportation Agency on the draft guidelines for resolving complaints related to railway noise and vibration as outlined in this report;

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

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

That staff be requested to facilitate the erection of two directional signs for St. Vladimir’s Ukrainian Catholic Church in Markham to be situated at the northeast corner of Yonge Street and Colborne Street and at the northwest corner of John Street and Church Lane, as expeditiously as possible.

CARRIED

4(d) REPORT NO. 72 - DEVELOPMENT SERVICES PUBLIC MEETING (Dec. 4, 2007)

Council consented to separate Clause (1).

Moved by Councillor J. Webster

Seconded by Councillor L. Kanapathi

That Report No. 72 - Development Services Public Meeting be received and adopted.

(1)        MIKE AND ANGELA PAPAPETROU
            APPLICATION FOR A ZONING BY-LAW AMENDMENT
            TO PERMIT A VETERINARY CLINIC IN THE EXISTING
            BUILDING AT 79 GREEN LANE (ZA-07-126533) (10.5)

That the Development Services Commission report dated October 16, 2007, entitled “PRELIMINARY REPORT - Mike and Angela Papapetrou Application for a Zoning By-law Amendment to permit a veterinary clinic in the existing building at 79 Green Lane” be received;

That the Record of the Public Meeting held on December 4, 2007, with respect to the proposed amendment to By-law 77-73 be received;

That the application by Mike and Angela Papapetrou to amend By-law 77-73, as amended, be approved;

And that the proposed amendment to By-law 77-73, as amended, be enacted without further notice;

And that staff meet with the applicant to further discuss possible landscaping improvements.

(By-law 2007-280)

CARRIED

4(e) REPORT NO. 73 - GENERAL COMMITTEE (December 10, 2007)

Council consented to add Report No. 73 and to separate Clause (6).

Moved by Councillor J. Virgilio

Seconded by Councillor A. Chiu

That Report No 73 - General Committee be received and adopted.

(1) INTERIM SPENDING AUTHORITY PENDING
APPROVAL OF 2008 BUDGET (7.4)

That Council receive the report “Interim Spending Authority pending approval of 2008 Budget”, dated December 10, 2007;

And that Council approve 50% of the 2007 Operating Budget equal to $100,782,915 as a pre-budget approval for 2008 operating expenditures;

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

(2) ADVISORY COMMITTEE APPOINTMENTS (16.24)

That the following persons be appointed to the Heritage Markham (LACAC) Committee for the term ending November 30, 2010:

Barry Nelson, (Thornhill)

Sylvia Morris, (Unionville)

Ted Sheppard, (Unionville)

(3) BY-LAW TO AUTHORIZE TEMPORARY BORROWING FOR 2008 (7.4)

That a by-law be brought forward for Council approval to authorize the temporary borrowing, if required, of an amount not to exceed $100,782,915 from January 1, 2008 to September 30, 2008 and $50,391,457 from October 1, 2008 to December 31, 2008 to meet the current expenditures of the municipality until taxes are collected and other revenues are received;

And that the Treasurer will report back to Council in advance of borrowing, if temporary borrowing is required;

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

(By-law 2007-291)

(4) 2008 INTERIM TAX LEVY AND BY-LAW (7.3)

That Council authorize an interim tax levy for 2008;

And that the attached by-law be passed to authorize the 2008 interim tax levy.

(By-law 2007-292)

(5) CATHEDRALTOWN - OVERNIGHT PARKING PERMIT PROGRAM (2.17)

That the report entitled “Cathedraltown Overnight Parking Permit Program” be received;

And that Parking Control By-law 2005-188 be amended to permit overnight street parking within the Cathedraltown subdivision subject to a fee of $30.00 per vehicle per month;

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

CARRIED

(6) DANIELS FAIRTY HOUSE – FEASIBILITY STUDY (5.0)

That the report titled “Daniels Fairty House – Feasibility Study” dated November 1, 2007 be received;

And that the deputation by Mr. Clive Hylton, President, Markham African Caribbean Association be received;

And that Council approve retaining an architect/consultant experienced in adaptive reuse of heritage facilities for community purposes to conduct a feasibility study on the possibility of renovating and expanding the Daniels Fairty House, including a possible connection to and integrated with the parkette to the south, to provide a local community facility;

And that funding in the amount of $20,000 for the feasibility review be obtained from account # 056-6150-7399-005;

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

CARRIED

(7) CIVIC CENTRE UNIT-PAVERS REPLACEMENT PROJECT (12.4)

That the report entitled “Civic Centre Unit-Pavers Replacement Project – Paving Pattern Design Options dated November 16, 2007” be received;

And that Council approves the paving pattern Option ‘A’ as recommended by the Building and Parks Construction Committee for the Civic Centre Unit Pavers Replacement Project;

And that staff report back on issues raised relating to the Civic Centre Master Plan and the proposed partnership with Markham District Energy Inc.

(8) ANALYSIS OF THE CURRENT & FUTURE PROVISION OF
SOCCER FIELDS (6.11)

Report Attachment 1 2 3 4 5 6

That the report titled “Analysis of the Current & Future Provision of Soccer Fields” be received;

And that Council approval the leasing of sports fields at Fletchers Fields as required for the 2008 season to accommodate the loss of use of the Markham District High School soccer fields at a cost not to exceed $7500;

And that the cost be funded from Strategic Services 2008 Operating Budget account 795-998-4272;

And that staff continue to assess the feasibility of construction of soccer fields on lands owned and designated for schools in partnership with the York Region District School Board and the York Catholic District School Board in advance of school construction;

And that staff report back to Committee on the results of investigations with the York Region District School Board and the York Catholic District School Board on advance construction of soccer fields;

And that staff be requested to arrange a tour for Council to view major soccer centres;

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

(9) ACCOUNTABILITY AND TRANSPARENCY POLICY (12.1)

That the proposed Accountability and Transparency Policy attached as Appendix “A” to the staff report dated November 30, 2007 be adopted;

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

(10) BUDGET PRE-APPROVAL OF A LIBRARY CAPITAL PROJECT (7.5)

That the following recommendation from the December 3, 2007 meeting of the Budget Sub-Committee be approved:

"That Project #8284 - Furniture and Equipment - Replacement Program, for furniture at the Markham Village Library, in the amount of $60,000, be approved."

(11) AWARD OF TENDER 124-T-07 SUPPLY AND
DELIVERY OF VEHICLES (7.12)

Report Appendix A B C

That Award of Tender 124-T-07 for the Supply and Delivery Vehicles be received;

And that Award of Tender 124-T-07 be split and awarded to the following nine (9) lowest acceptable bidders totalling $699,477.12 including PST and excluding GST as listed in Appendix “A” and summarized below:

· Maciver Dodge for 2 vehicles, totalling $89,456.40

· Foster Pontiac for 4 vehicles, totalling $105,420.96

· Unionville Motors for 1 vehicle, totaling $18,506.88

· Roy Foss Chevrolet for 5 vehicles, totaling $78,429.60

· Giles Chevrolet for 2 vehicles, totaling $44,458.20

· Larkin Chrysler for 1 vehicles, totaling $43,133.04

· Yonge Steeles Ford Lincoln for 9 vehicles, totaling $258,095.16

· Markville Ford for 2 vehicles, totaling $61,976.88

And that funds for these vehicles be provided for in the 2007 Operations Fleet Replacement capital budget account 057 6150 7516 005 and 2007 Waterworks Fleet Replacement capital budget accounts 057 6150 7514 005 and 057 5350 7700 005 and the remaining balance of 2004 Fleet Replacement capital budget account 057 6150 6172 005 as listed below under financial considerations;

And that vehicles (# 9404, 9406, 9407, 9408, 9409, 6093, 6094, 8050, 8051, 8052, 9993, 9603, 9802, 8053, 8041 and 3376) be sold upon delivery of the new vehicles in accordance with Purchasing By-law 2004-341, PART V Disposal of Personal Property and proceeds be posted to account 890 890 9305 Proceeds from Sale of other Fixed Assets;

And that vehicles # 2185, 2196, 2172, 2179, 2188, 2198, 2197 be sold upon delivery of the new vehicles in accordance with Purchasing By-law 2004-341, PART V Disposal of Personal Property and proceeds be posted to account 086 2700 112 Miscellaneous Sales (Waterworks);

And that the specification change for new fleet Waterworks (Item #5 in Appendix A) be changed from a 3/4 ton service van to a 1 ton diesel powered flatbed dump truck at a cost of $6,133.04 to be funded from the Waterworks 2007 Fleet Replacement capital account 057 6150 7514 005;

And that replacement for units 6093 and 6094 (Item #2 in Appendix A) be upgraded to hybrid vehicles at a cost of $18,005.04 to be funded from 2007 Fleet Replacement account 057 6150 7516 005;

And that upon payment of all final invoices, 2004 account 057 6150 6172 005 be closed and any remaining funds be returned to the original funding sources;

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

(12) ELECTRICITY PROCUREMENT STRATEGY FOR THE
CORPORATION OF THE TOWN OF MARKHAM (5.7)

Report Presentation Appendix A B C

That the Report entitled, “Electricity Procurement Strategy for The Corporation of the Town of Markham” be received;

And that Council authorize the Mayor and Clerk to execute an agreement with energy retailer, Constellation New Energy (CNE), for the purpose of moving the Large Net System Load Shape (LNSLS) accounts to the wholesale spot market until April 30, 2008, or such longer period if deemed appropriate by the Treasurer, in a form satisfactory to the Treasurer and the Town Solicitor;

And that Council authorize the Treasurer to move the interval metered accounts from the Regulated Price Protection (RPP) Plan to the wholesale spot market until April 30, 2008, or such longer period if deemed appropriate by the Treasurer;

And that Council authorize the Mayor and Clerk to execute a service pricing contract with WattsWorth and supply contracts with suppliers qualified by WattsWorth, beginning May 1, 2008, for a one year term with provision for renewal, if deemed appropriate by the Treasurer, in a form satisfactory to the Treasurer and the Town Solicitor;

And that Council authorize the Treasurer or her designate to commit the Town to a supply deal in accordance with WattsWorth’s RFP process if she deems it financially prudent;

And that the Treasurer will report to Council annually with respect to the commodity price hedging agreements in place;

And that a by-law be enacted to adopt the attached Commodity Price Hedging Policy;

And that Staff be authorized and directed to do all things necessary to give effect to this resolution, including renewal of supply contracts in accordance with the recommendations of the Strategy and removing accounts from or returning accounts to the Regulated Price Protection Plan.

(By-law 2007-293)

CARRIED

4(f) REPORT NO. 74 - DEVELOPMENT SERVICES COMMITTEE (Dec. 11, 2007)

There is no item to report from the December 11, 2007 Development Services Committee meeting.

5. NOTICE OF MOTIONS

(1) REGION OF YORK ENVIRONMENTAL ASSESSMENT
- BAYVIEW AVENUE (5.7)

Moved by Regional Councillor T. Wong

Seconded by Councillor E. Shapero

Whereas the Town of Markham recognizes that climate change is a serious matter, and the municipality must reduce carbon emissions to ensure our community is resilient in the face of these challenges;

And whereas the three Public Information Meetings held by the Regional Municipality of York regarding the widening of Bayview Avenue, met with considerable resident concerns related to the limited scope of the environmental assessment and lack of options examined;

And whereas in 2007, the Town of Markham endorsed the Markham Erosion Restoration Implementation Plan, with six priority erosion sites located adjacent to Bayview Avenue within East Don Tributary;

Therefore be it resolved that the Town of Markham request York Region to examine viable and distinct alternatives to the widening of Bayview Avenue in a broader environmental assessment process;

And that the environmental assessment be expanded to include alternatives such as more effective use of existing lanes, light rail and improved higher order transit service;

And that York Region be requested as part of the process to recalibrate the modeling done to date incorporating new data based on the extension of the Yonge Street Subway north into York Region.

(2)        REGION OF YORK ENVIRONMENTAL ASSESSMENT
            - 16^TH AVENUE, KENNEDY ROAD, MCCOWAN ROAD,
            YONGE STREET AND LESLIE STREET (5.7)

Moved by Councillor J. Virgilio

Seconded by Councillor C. Moretti

Whereas the Town of Markham recognizes that climate change is a serious matter, and the municipality must reduce carbon emissions to ensure our community is resilient in the face of these challenges;

And whereas in 2007, the Town of Markham endorsed the Markham Erosion Restoration Implementation Plan;

Therefore be it resolved that the Town of Markham request York Region to examine viable and distinct alternatives to the widening of 16^th Avenue, Kennedy Road, McCowan Road, Yonge Street and Leslie Street in a broader environmental assessment process;

And that the environmental assessment be expanded to include alternatives such as more effective use of existing lanes, light rail and improved higher order transit service;

And that York Region be requested as part of the process to recalibrate the modeling done to date incorporating new data based on the extension of the Yonge Street Subway north into York Region.

6. COMMUNICATIONS

Council consented to add Communication No. 91-2007.

Moved by Regional Councillor J. Heath

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

87-2007 Liquor Licence Application - Forwarding a request to complete the Alcohol and Gaming Commission Municipal Information Form for Bushwood Golf Club, 10905 Ressor Road (outdoor) (3.21)

Info

88-2007 Liquor Licence Application - Forwarding a request to complete the Alcohol and Gaming Commission Municipal Information Form for Mumz Delicacies, 1 Raymerville Drive, Unit 9 (indoor) (3.21)

Info

89-2007 Commissioner of Development Services - Providing an update regarding the Hold removal for the application submitted by Ruland Properties Inc. (The Remington Group) to permit the construction of three residential buildings 10 storeys in height, north of Enterprise Boulevard and east of Rouge Valley Drive. (10.5)

(By-law 2007-281

90-2007 Town Clerk - Providing information to support the removal of the clause relating to expiration date in Business Licensing By-laws. (2.0)

(By-law 2007-282)

Memo

Received

91-2007 Richard Talbot, President, The Unionville Ratepayers Association - Forwarding comments with respect to the disposition of Stiver Mill, 9 Station Lane. (7.12)

(Clause 5, Report No. 70, 2007)

Letter

CARRIED

7. OTHER BUSINESS

Council consented to add Other Business (4) and (5).

(1) CONVEYANCING OF PARTS 5 AND 8
PLAN 65R-29026 TO THE REGION OF YORK
FOR WARDEN AVENUE ROAD WIDENING
SOUTH OF AHORN GROVE AND WEST OF WARDEN (8.10)

That By-laws 2007-272 to 2007-289 and 2007-291 to 2007-293 be given three readings and enacted.

NOTICES OF PROPOSED SALE

TOWN OF MARKHAM

PROPOSED SALE OF SURPLUS REAL PROPERTY

(Pursuant to By-law 178-96)

Moved by Councillor A. Chiu

Seconded by Regional Councillor J. Jones

That the notice of proposed sale for the Town owned lands legally described as Parts 5 and 8, Plan 65R-29026 be confirmed.

(Clause 3, Report No. 70, 2007)

CARRIED

(2) LICENSING HEARING
TAXI PRIORITY LIST - TAXI DRIVER NO. 174 (07-9) (2.23)

Moved by Councillor J. Virgilio

Seconded by Councillor C. Moretti

That the appeal be allowed and the name of Taxi Driver #174 remain on the Taxi Priority List provided the following conditions are met:

The appellant provide trip sheets as required by By-law 2002-308 section 3.1 (6) for the next six (6) months following the date of the Council resolution of December 11, 2007, so as to substantiate the criteria contained in the said By-law of “has been driving a taxicab in the Town of Markham on an average of thirty-five (35) hours per week” The timed trip sheets shall be provided each month to the Licensing Officer during the said six month period, on dates to be determined by the Licensing Officer. The appellant shall be provided with the schedule of dates in writing 14 days in advance of the commencement of the reporting period.

The trip sheets shall include all fares serviced by the taxicab whether or not they are airport runs or local Markham runs.

If the appellant can substantiate the said criteria for the above-mentioned six (6) month period to the satisfaction of the Licensing Officer then the appeal will be allowed and the appellant restored to the Priority List.

If the appellant is restored to the Priority List after the aforementioned 6-month period, the appellant shall be required to continue to fulfill the normal yearly administrative requirements of By-law 2002-308 in order to remain on the Priority List.

If the appellant fails to submit trip sheets for any given month during the said six (6) month period, or having submitted trip sheets, fails to substantiate fulfillment of the criteria over the aforementioned six months to the satisfaction of the Licensing Officer, then the appellant’s name shall be removed from the Priority List.

CARRIED

(3) LICENSING HEARING
TAXI PRIORITY LIST - TAXI DRIVER NO. 509 (07-10) (2.23)

Moved by Councillor J. Virgilio

Seconded by Councillor C. Moretti

That the appeal be allowed and the name of Taxi Driver #509 remain on the Taxi Priority List provided the following conditions are met:

The appellant provide trip sheets as required by By-law 2002-308 section 3.1 (6) for the next six (6) months following the date of the Council resolution of December 11, 2007, so as to substantiate the criteria contained in the said By-law of “has been driving a taxicab in the Town of Markham on an average of thirty-five (35) hours per week” The timed trip sheets shall be provided each month to the Licensing Officer during the said six month period, on dates to be determined by the Licensing Officer. The appellant shall be provided with the schedule of dates in writing 14 days in advance of the commencement of the reporting period.

The trip sheets shall include all fares serviced by the taxicab whether or not they are airport runs or local Markham runs.

If the appellant can substantiate the said criteria for the above-mentioned six (6) month period to the satisfaction of the Licensing Officer then the appeal will be allowed and the appellant restored to the Priority List.

If the appellant is restored to the Priority List after the aforementioned 6-month period, the appellant shall be required to continue to fulfill the normal yearly administrative requirements of By-law 2002-308 in order to remain on the Priority List.

If the appellant fails to submit trip sheets for any given month during the said six (6) month period, or having submitted trip sheets, fails to substantiate fulfillment of the criteria over the aforementioned six months to the satisfaction of the Licensing Officer, then the appellant’s name shall be removed from the Priority List.

CARRIED

(4)        TRANSFER OF EASEMENT TO REGION
            AND CONVEYANCE TO BOX GROVE COMMUNITY
            PART OF LOT 1, PLAN 3542,
            DESIGNATED AS PARTS 1, 2 AND 3, PLAN 65R-29109 (8.1)

NOTICES OF PROPOSED SALE

TOWN OF MARKHAM

PROPOSED SALE OF SURPLUS REAL PROPERTY

(Pursuant to By-law 178-96)

Moved by Councillor J. Virgilio

Seconded by Councillor C. Moretti

That the notice of proposed sale for the Town owned lands legally described as Part of Lot 1, Plan 3542, designated as Parts 1, 2 and 3, Plan 65R-29109, be confirmed.

(In-camera Clause (5))

CARRIED

(5) ENVIRONMENTAL ASSESSMENTS (5.7)

Mayor F. Scarpitti requested Development Services Commission staff to make arrangement with Region of York staff to attend the January 15, 2008 Development Services Committee meeting to provide an update on the environmental assessments completed to date and the steps to deal with local concerns.

8. BY-LAWS

Council consented to add By-laws 2007-291 to 2007-293.

Moved by Councillor A. Chiu

Seconded by Councillor L. Kanapathi

Three Readings

BY-LAW 2007-272 A 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 revise record retention periods for the Markham Firefighters' Human Resources).
(Clause 2, Report No. 70, 2007)

BY-LAW 2007-273 A by-law to establish streets laid out according to Plan of Subdivision 65M-2893 as public Highway (Cedarland Properties Limited, Part of Lots 4 and 5, Concession 7 - Coppard Avenue, Highglen Avenue and Clarion Crescent).
(Clause 2, Report No. 71, 2007)

BY-LAW 2007-274 A by-law to establish streets laid out according to Plan of Subdivision 65M-2894 as public Highway (Cedarland Properties Limited, Part of Lots 5 and 5, Concession 7 - Featherstone Avenue, Highglen Avenue and Marley Court).
(Clause 2, Report No. 71, 2007)

BY-LAW 2007-275 A by-law to establish streets as public Highway being Part of Lots 4 and 5, Concession 7, designated as Part 2, Plan 65R-29876 (562207 Ontario Limited - Middlefield Road).
(Clause 2, Report No. 71, 2007)

BY-LAW 2007-276 A by-law to establish streets as public Highway being Middlefield Road and Part of Blocks 142 and 143, Plan 65M-2410 and Part of Lots 4 and 5, Concession 7, designated as Parts 2 to 8, Plan 65R-15023 (562207 Ontario Limited - Middlefield Road).
(Clause 2, Report No. 71, 2007)

BY-LAW 2007-277 A by-law to establish streets as public Highway being Part of Lots 4 and 5, Concession 7, designated as Part 1, Plan 65R-29876 (562207 Ontario Limited - Highglen Road).
(Clause 2, Report No. 71, 2007)

BY-LAW 2007-278 A by-law to amend Sign By-law 2002-94 (Wall signs in Special Sign Districts).
(Clause 4, Report No. 71, 2007)

BY-LAW 2007-279 A by-law to amend Traffic By-law 106-71 (Stop control at the intersections of (1) Rodick Road and Riviera Drive and (2) Worthing Avenue and Cartmel Drive).
(Clause 6, Report No. 71, 2007)

BY-LAW 2007-280 A by-law to amend Zoning By-law 77-73, as amended (Mike and Angela Papapetrou, 79 Green Lane - To permit a veterinary clinic).
(Clause 1, Report No. 72, 2007)

BY-LAW 2007-281 A by-law to amend Zoning By-law 2004-196, as amended (Ruland Properties Inc., Verdale Apartment Buildings, north of Enterprise Boulevard and east of Rouge Valley Drive, Part of Lots 8 & 9, Concession 5 - To remove (H) Hold provision to permit the construction of three residential buildings 10 storeys in height).
(Communication No. 89-2007)

BY-LAW 2007-282 A by-law amend Business Licensing By-laws 2002-284, 2002-286, 2002-287, 2002-288, 2002-290, 2002-291, 2002-292, 2002-293, 2002-294, 2002-295, 2002-296, 2002-297, 2002-298, 002-299, 2002-301, 2002-302, 2002-303, 2002-304, 2002-305, 2002-306, 2002-307, 2002-308, 2002-309, and 2002-310 (To remove expiration date).

(Communication No. 90-2007)

BY-LAW 2007-283 A by-law to amend Municipal Law Enforcement Officers Appointment By-law 2002-178 (To update Officers' List)

BY-LAW 2007-284 A by-law to repeal Part Lot Control Exemption By-law 2003-218 (Blocks 1 to 7, Plan 65M-3651)

BY-LAW 2007-285 A by-law to dedicate certain lands as part of the highways of the Town of Markham (Blocks 78 and 93, Plan 65M-3837 and Block 384, Plan 65M-3838 - Rizal Avenue; Blocks 79 and 80, Plan 65M-3837 - Condarcuri Crescent; Blocks 81 and 83, Plan 65M-3837 - Albert Roffey Crescent; Blocks 82 and 100, Plan 65M-3837 - Riverwalk Drive; Blocks 84, 95 and 96, Plan 65M-3837 - Oakborough Drive; Blocks 85 and 97, Plan 65M-3837 - Galten Road; Blocks 94, 98 and 99, Plan 65M-3837 - Stonechurch Crescent; Block 382, Plan 65M-3838 - Smoothwater Terrace; Block 383, Plan 65M-3838 - Hislop Drive).

BY-LAW 2007-286 A by-law to amend Zoning By-law 304-87, as amended (Town Initiated Amendment, 8100 Warden Avenue, Part of Lot 8, Concession 4 (Powerstream) - To delete the subject lands from area By-law 304-87, as amended, so that they may be incorporated into By-law 2004-196, as amended, to bring the zoning into conformity with the Markham Centre Secondary Plan (Official Plan Amendment No. 21). No new development is proposed).
(Clause 1, Report No. 52, 2007)

BY-LAW 2007-287 A by-law to amend Zoning By-law 2004-196, as amended (Town Initiated Amendment, 8100 Warden Avenue, Part of Lot 8, Concession 4 (Powerstream) - To bring the zoning of the subject lands into conformity with the Markham Centre Secondary Plan (Official Plan Amendment No. 21). No new development is proposed).
(Clause 1, Report No. 52, 2007)

BY-LAW 2007-288 A by-law to appoint a Closed Meeting Investigator.
(Clause 1, Report No. 59, 2007)

BY-LAW 2007-289 A by-law to designate part of a certain plan of subdivision not subject to Part Lot Control (Markrose Homes Inc. (Rosehaven Homes), south of Major Mackenzie Drive, east of Roy Rainey Avenue - Lots 14, 15, 16, 17, 21, 22, 23, 24, 30, 31, 36, 37, 38, 46, 47, 48, 52, 53, 54, 55, 63, 64, 65, 66, 70, 71 and 72, Plan 65M-3809).

BY-LAW 2007-291 A by-law to authorize temporary borrowing to meet expenditures until taxes are collected and other revenues are received in 2008.
(Clause 3, Report No. 73, 2007)

BY-LAW 2007-292 A by-law to authorize 2008 interim tax levy.
(Clause 4, Report No. 73, 2007)

BY-LAW 2007-293 A by-law to adopt a Commodity Price Hedging Policy (Electricity Procurement Strategy for the Town of Markham).
(Clause 12, Report No. 73, 2007)

CARRIED

9. IN-CAMERA ITEMS

Moved by Regional Councillor J. Jones

Seconded by Councillor E. Shapero

That Council report the following in-camera matters:

(1) MINUTES OF IN-CAMERA COUNCIL MEETING
- NOVEMBER 27, 2007 (16.0)

That the minutes of the in-camera Council meeting held on November 27, 2007, be confirmed.

REPORT OF GENERAL COMMITTEE - November 26, 2007

(2) CONFIDENTIAL PROPERTY MATTER (8.0)

That the confidential updated from Mr. B. Ander, President, Markham District Energy Inc. regarding a property matter be received.

(3) PERSONNEL MATTER (11.0)

That the presentation from Ms. S. Laing, Director, Human Resources, regarding a personnel matter be deferred to a future meeting of General Committee.

REPORT OF DEVELOPMENT SERVICES COMMITTEE - December 4, 2007

(4) LITIGATION MATTER (8.0)

That the confidential report dated November 23, 2007 from the Assistant Town Solicitor regarding a litigation matter be received;

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

REPORT OF GENERAL COMMITTEE - December 10, 2007

(5) TRANSFER OF EASEMENT TO REGION AND CONVEYANCE
TO BOX GROVE COMMUNITY, PARTS 1, 2, 3, 65R-29109 (8.1)

That the confidential report dated November 20, 2007 from the Town Solicitor regarding the Transfer of Easement to Region of York and Conveyance to Box Grove Developers Group Inc. be received;

And that part of Lot 1 Plan 3542, designated as parts 1, 2 and 3, Plan 65R-29109 be declared surplus pursuant to Town of Markham By-law 178-96 and that a notice of the proposed disposition of such lands be placed on the agenda for Council meeting of December 11, 2007;

And that a by-law be enacted at Council on January 22, 2008, authorizing the Mayor and Clerk to execute a Transfer of Easement to the Regional Municipality of York for nominal consideration and other related documents for the completion of this transaction , all in a form satisfactory to the Town Solicitor;

And that a by-law be enacted at Council on January 22, 2008, authorizing the Mayor and Clerk to execute a Transfer of Land to the Box Grove Group, or as they may direct, for nominal consideration and other related documents for the completion of this transition, all in a form satisfactory to the Town Solicitor;

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

(Other Business 4)

(6) FAMILY DAY - MONDAY, FEBRUARY 18, 2008 (11.0)

That the Town of Markham recognize and implement the new public holiday of “Family Day” for the third Monday of each February.

(7) CONFIDENTIAL PROPERTY MATTER BETWEEN THE
TOWN OF MARKHAM AND MARKHAM DISTRICT ENERGY INC. (8.0)

That the confidential report dated December 5, 2007 from the Town Solicitor and Director of Strategic Initiatives regarding a property matter between the Town of Markham & Markham District Energy Inc. be received;

And that staff be directed to do all things necessary to give effect to this report.

CARRIED

10. CONFIRMATORY BY-LAW

Moved by Councillor A. Chiu

Seconded by Councillor J. Webster

That By-law 2007-290 be given three readings and enacted.

Three Readings

BY-LAW 2007-290 A by-law to confirm the proceedings of the Council meeting of December 11, 2007.
(Council Meeting No. 19, 2007)