Meeting No. 3

Report Presentation Attachment B

That the report titled “Markham Accessibility Guidelines - Stakeholder Feedback” dated January 22, 2008, be received;

And that Council thank the local stakeholders for their effort to review the guidelines and for providing their comments;

And that Council endorse the Markham Accessibility Guidelines for overcoming barriers within the interior and exterior of Town owned facilities;

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

(3) QUALITY MANAGEMENT SYSTEM GAP ANALYSIS AND
DELIVERY PLAN (13.12)

That the report entitled “Quality Management System Gap Analysis and Delivery Plan” be received;

And that Council designate the Corporate Top Management of the Operating Authority for the purposes of the drinking water Quality Management System, as being comprised of the following staff positions: Chief Administrative Office (CAO), Commissioner of Community & Fire Services; Director of Operations, and the General Manager of Waterworks, and assigns the roles, responsibilities and authorities required by the Drinking Water Quality Management Standard;

And that Council designate the Corporate Operational Top Management of the Operating Authority for the purposes of the drinking water Quality Management System, as being comprised of the following staff positions: General Manager of Waterworks, Waterworks Management Staff and the Waterworks Quality Management System Controller with the roles, responsibilities and authorities required by the Drinking Water Quality Management Standard;

And that Council designate the Waterworks Quality Management System Controller as the Quality Management System Representative required by the Drinking Water Quality Management Standard;

And that whereas services from various departments within the Corporation are required to fulfill the duties of the Operating Authority, the provision of these services will be documented in the Operational Plan for the Drinking Water Quality Management;

And that staff be directed to proceed with the delivery plan for the implementation of the Quality Management System as outlined in this report;

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

(4) QUALITY MANAGEMENT SYSTEM CONTROL POLICY (13.12)

Report Attachment A Attachment B

That the report entitled “Quality Management System Control Policy for the Town of Markham” be received;

And that Council approves the proposed Quality Management System policy as the Quality Management System Policy for the Town of Markham in order to comply with element #2 of the Drinking Water Quality Management Standard;

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

(5) APPOINTMENTS AND RESIGNATIONS TO
ADVISORY COMMITTEES (16.24)

That the following appointments to the Cedar Grove Community Centre Board be confirmed for the term ending December 31, 2008:

Graeme Weston, Chair

Paul Reesor, Secretary-Treasurer

Frank Whittamore

Robert Lapp

Murray Reesor; and,

That staff report back on the issue of liability insurance for members of the Cedar Grove Community Centre Board; and,

That the following appointments to the German Mills Community Centre Board be confirmed for the term ending December 31, 2008:

Kathy Branny, Co-Chairperson

Erin Cattral, Co-Chairperson

Eileen Carter, Secretary

Myra Bechtel

Helen Duffy

Athena Hui

Sharon Raibmon; and,

That the resignation of Mr. Azar Khan from the Traffic Safety Advisory Committee be accepted with regret and a letter of appreciation be forwarded.

CARRIED AS AMENDED

(See following motion to amend)

Moved by Regional Councillor G. Landon

Seconded by Councillor A. Chiu

That Clause 5, Report No. 7 be amended to delete the name "Debbie Lapp" and to add the following as paragraph 2:

"That staff report back on the issue of liability insurance for members of the Cedar Grove Community Centre Board; and,"

CARRIED

(6) CONTRACT EXTENSION FOR STREETLIGHT MAINTENANCE,
REPAIR, AND RE-LAMPING PROGRAM (5.19)

That the report entitled "Contract Extension for Streetlight Maintenance, Repair and Re-lamping Program" be received;

And that the Contract Extension for 2008 Streetlight Maintenance and Repair be awarded to PowerStream in the estimated amount of $ 591,430 exclusive of GST;

And that the 2008 Streetlight Re-lamping Program contract be awarded to PowerStream in the estimated amount of $ 143,983 exclusive of GST;

And that the tendering process be waived in accordance with Purchasing By-Law 2004-341, Part II, Section 7 (1) C which states “ when the extension of an existing contract would prove more cost-effective or beneficial”;

And that funds be provided from account # 720 720 5497 Streetlight Maintenance and Repair in the total amount of $ 735,413 subject to council approval of the Town’s 2008 Operating Budget;

And that the Town and PowerStream continue to work together on an ongoing basis to review options to enhance service delivery and cost efficiencies, share information, and exchange inventory data;

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

(7) CN RAILWAY COMPLAINT RESOLUTION PROCESS (5.13)

Report Presentation Attachment B

Whereas the Town of Markham has received complaints regarding excessive noise and vibrations from residents living in the vicinity of the CN Bala York railway subdivision in Thornhill;

And whereas in 2006 the Town of Markham retained independent noise consultants to study noise and vibration from railway operations in that location, and the study report confirmed that there were grounds for the resident complaints;

And whereas the results of the independent noise consultant testing concluded the noise generated at the CN Bala York railway subdivision exceeds the noise levels permitted in the Town’s Noise By-law;

And whereas at its June 26 2007 meeting Council approved a resolution directing staff to initiate a Public Liaison Committee process with CN to review the findings of the consultant’s study to develop recommendations on solutions or measures to address noise vibrations;

And whereas staff have facilitated meetings on October 22 2007 and November 19 2007 between resident representatives, CN representatives and Council members pursuant to the Voluntary Dispute Resolution Process of the Railway Association of Canada (RAC) and the Federation of Canadian Municipalities (FCM);

And whereas the meeting held November 19 2007 representatives confirmed that continuously welded rail, which reduces noise impacts of train passage, has been installed on most of the east west line, but that jointed rail still exists on the north-south line. CN representatives confirmed that continuously welded rail is to be installed on the north-south line at a future date and undertook to report back on the time frame for this installation;

And whereas CN representatives confirmed that maintenance and upgrading of the rail diamond, involving replacement of ties, reballasting to improve ground stability, use of heavier metal plates, and thicker rubber pads, will also be implemented, and that an experimental process called “mounding” which involves over-raising the diamond is being considered here;

And whereas it was the opinion of residents and Council representatives that procedures should be put in place to monitor CN measures to reduce noise emissions at the diamond, and other locations as required, including measurement of sound levels before and after the upgrades implemented by CN, to determine whether these upgrades have reduced noise emissions;

Therefore be it resolved that CN be requested to proceed with the installation of continuously welded rail on the north-south line of the CN Bala intersection and the proposed state of the art improvements to the diamond as expeditiously as possible;

And that CN be requested to partner with the Town to facilitate independent noise testing to determine the effectiveness of work being undertaken by CN at this time to reduce noise impacts being experienced by residents in the vicinity of the CN Bala intersection and other locations as required;

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

CARRIED

5(b) REPORT NO. 8 - GENERAL COMMITTEE (February 25, 2008)

Council consented to separate Clauses (2), (5) and (7).

Moved by Councillor J. Virgilio

Seconded by Councillor A. Chiu

That Report No. 8 - General Committee be received and adopted.

(1) PARKS, RECREATION, CULTURE & LIBRARY MASTER PLAN
ACCOMPLISHMENTS AND DEVELOPMENT OF NEW PLAN (3.0)

That the report entitled, “Parks, Recreation, Culture & Library Master Plan – Accomplishments and Development of New Plan”, be received;

And that the presentation from Mr. A. Seabrooke, Commission Lead, Library Services, Fire Services and, Recreation and Culture, highlighting the accomplishments in the areas of parks, recreation, culture and library during the 2004 to 2007 period be received;

And that Council approve of the general approach proposed to develop a new master plan commencing in 2008;

And that the estimated cost to the upset limit of $150,000 to be funded by the 2008 Capital Project #8262, “Parks Recreation Culture and Library Master Plan”;

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

(2) SHOPPING CART CONTROL BY-LAW (5.0, & 2.0)

Report Attachment A

That the report entitled “Shopping Cart Control By-Law” be received;

And that a by-law to control shopping carts on public property, and in a form satisfactory to the Town Solicitor, the Commissioner of Corporate Services and the Commission Lead, Operations and Asset Management, be enacted;

And that Fee By-law 2002-276 be amended to reflect a charge of up to $50.00 for every shopping cart the Town collects and returns to its respective owner(s);

And that staff report back after eighteen (18) months on the results of the program;

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

(By-laws 2008-37 and 2008-38)

(See By-law 2008-37 regarding removal of Section 3.3)

CARRIED

(3) ANNUAL REGULATORY WATER QUALITY SUMMARY
REPORT TO COUNCIL (5.3)

Report Attachment A

That the 2007 Annual Summary Report to Council as required by Schedule 22 of Ontario Regulation 170/03 enclosed herein be received;

And that the Annual 2007 Detailed Regulatory Water Quality Report (Attachment “A”), comprised of Parts I, II & III-Form 2, III-Form 6 for the Ministry of the Environment on water supply and quality as required by Section 11 of Ontario Regulation 170/03, be received;

And that Council directs staff to post the Annual 2007 Detailed Regulatory Water Quality Report on the Town’s website and that it be made available and provided to residents upon request in hard copy version on or before February 28, 2008;

And that the matter be brought back to General Committee on March 17, 2008 for further discussion;

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

(4) CENTENNIAL COMMUNITY CENTRE
SUSTAINABILITY STUDY – GREEN TECHNOLOGY UPGRADES (6.6)

That Markham Staff report, Centennial Community Centre Study, dated December 10, 2007, be received;

And that the “Centennial Community Centre Sustainability Study” prepared by Oleson Worland_Taylor Smyth Architects be received;

And that Council approve the installation of Solar Water Heating System for Centennial Pool and replacement boilers and Domestic Hot Water (DHW) tanks instead of a green roof at Centennial Community Centre;

And that Council approve tendering of the seasonal Solar Water Heating Unit for Centennial Pool and the replacement of its 2 existing gas-fired boilers and DHW tanks and associated works by Asset Management staff;

And that funding, not to exceed $226, 500 that was identified for Green Roof installation from the Markham Environmental Sustainability Fund (capital project #6789-$101,500) and the Gas Tax funds (capital project #7326 -$125,000) be used for the installation of this equipment;

And that the other technological improvements for energy savings for arenas and pools identified in the Study be referred to Manager, Community Centre Operations for assessment and potential future installation in Centennial Community Centre and other community centre facilities;

And that energy savings of all these retrofits be tracked by the Markham Energy Conservation Office;

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

(5) AWARD OF REQUEST FOR PROPOSAL 172-R-07
SUPPLY AND DELIVERY OF SOFT DRINKS AND
RELATED EQUIPMENT (7.9)

That the following motion be referred back to staff in order to allow staff to review the issue regarding the inclusion of healthy beverage choices in vending machines and report back to the next General Committee to be held on March 17, 2008:

"That the report entitled “Award of Request for Proposal 172-R-07 Supply and Delivery of Soft Drinks and Related Equipment” be received;

And that request for proposal 172-R-07 for the Supply and Delivery of Soft Drinks and Related Equipment be awarded to the highest ranked bidder, Coca Cola Bottling Company for a term of three (3) years with an option to extend for an additional two (2) years based upon the mutual agreement of both parties and with conditions that provide financial return as per Attachment “A”;

And that the Manager of Purchasing and Commission Lead, Community and Fire Services in consultation with the Town Solicitor be authorized to approve the final terms and conditions of the agreement;

And that the Commission Lead, Community and Fire Services and Commissioner of Corporate Services be authorized to exercise the option to extend the contract for an additional two (2) years upon expiry of the third year provided that both organization are satisfied with past performance;

And that the $35,000.00 annual beverage exclusivity fund and the one time $50,000.00 signing bonus be credited to the Partnership Revenue Account 795 797 9394 as outlined in Attachment “A”. The $50,000 signing bonus will then be transferred to account 087 2800 200 Life Cycle & Capital Reserve Fund."

DEFERRED

(See following motion to defer)

Moved by Councillor E. Shapero

Seconded by Councillor V. Burke

That Clause (5), Report No. 8, be deferred and referred back to staff in order to allow staff to review the issue regarding the inclusion of healthy beverage choices in vending machines and report back to the next General Committee to be held on March 17, 2008.

CARRIED

(6) APPOINTMENTS AND RESIGNATIONS
TO ADVISORY COMMITTEES (16.24)

Animal Care Committee

That the resignation of Councillor Erin Shapero from the Animal Care Committee be accepted with regret and another Councillor be appointed; and,

Note: The composition of the Animal Care Committee is: 10 residents and 2 Members of Council. Councillor V. Burke and Councillor E. Shapero were previously appointed to the Animal Care Committee for the term ending November 30, 2008. The resignation of Councillor Shapero leaves one Councillor Position vacant.”

Heritage Markham Committee

That the resignation of Mr. Ted Shepherd from the Heritage Markham Committee be accepted with regret and a letter of appreciation be forwarded; and,

Note: The composition of the Heritage Markham Committee is: 10 residents and 3 Members of Council. Councillor V. Burke, Councillor C. Moretti, and Councillor J. Virgilio were previously appointed to the Heritage Markham Committee for the term ending November 30, 2008. The resignation of Mr. Shepherd leaves one resident position vacant representing Unionville.

Markham Advisory Committee on Accessibility

That Mrs. Joan Jenkyn be appointed to the Markham Advisory Committee on Accessibility for the term ending November 30, 2010; and,

Note: The current composition of the Advisory Committee on Accessibility is: Eight (8) resident members; two (2) representatives from local organizations; and two (2) Members of Council. Regional Councillor G. Landon and Councillor V. Burke were previously appointed by Council for the term ending November 30, 2008.

(7) PARKING CONTROL BY-LAW -
ADMINISTRATIVE AMENDMENT (2.17)

That By-law 2005-188, “A By-Law to Govern and Control Parking of Vehicles in the Town of Markham”, be amended to state that no person shall park a motor vehicle so as to obstruct any portion of the sidewalk; and,

That staff report back after eighteen (18) months on the results of this change with regard to By-law enforcement and also on Extended Driveway enforcement; and,

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

(By-law 2008-39)

CARRIED

5(c) REPORT NO. 9 - DEVELOPMENT SERVICES COMMITTEE (Feb. 19, 2008)

Council consented to separate Clauses (1), (3) and (12).

Moved by Councillor J. Virgilio

Seconded by Councillor A. Chiu

That Report No. 9 - Development Services Committee be received and adopted.

(1)        MAIN STREET MARKHAM COMMITTEE
            JANUARY 16, 2008 RECOMMENDATION
            DIRECTIONAL PARKING LOT SIGNS (16.39)

Appendix A Memo

That the Memo dated February 19, 2008 titled “Main Street Markham Committee Recommendation Parking Lot Signage”, be received; and,

That there is no objection to the design of the revised, heritage-friendly parking lot directional sign for Markham Village including the use of white reflective lettering; and,

That Operations staff, in consultation with the Manager of Real Property, and BIA representatives meet on site to discuss the appropriate and feasible number of, and placement of parking lot directional signs on the street; and,

That Operations staff manufacture and install the revised parking lot directional signage, as required; and,

That the cost of manufacturing and installation of the signs be taken from account 083 5350 7343 005 (Engineering Capital Projects – Markham Main Street), subject to confirmation from staff as to fund availability; and,

That the issue of parking lot map signage is supported in principle and referred to staff for further analysis (appropriate lot location, design of sign).

CARRIED AS AMENDED

(See following motion to amend)

Moved by Councillor J. Webster

Seconded by Councillor A. Chiu

That Clause (1), Report No. 9 be amended to delete the words "…Markham BIA subsidize the cost of manufacturing and installation of the signs;" in paragraph 4 and to add the following as paragraph 5:

"That the cost of manufacturing and installation of the signs be taken from account 083 5350 7343 005 (Engineering Capital Projects – Markham Main Street), subject to confirmation from staff as to fund availability; and,"

CARRIED

(2) CIVIC MALL DESIGN PRINCIPLES
MARKHAM CENTRE (10.0)

That the staff report dated February 19, 2008 titled “Civic Mall Design Principles, Markham Centre” be received; and,

That Council endorse the design principles and key design elements for the design and construction of the Civic Mall, through the Remington Group’s Downtown Markham project, as discussed in this report; and,

That Council waive the tendering process in accordance with Purchasing By-law 2004-341, Part II, Section 7 (1) – (h) where it is necessary or in the best interests of the Town to acquire Consulting and Professional Services from a preferred supplier or from a supplier who has a proven track record with the Town in terms of pricing, quality and service; and,

That Council authorize staff to retain Janet Rosenberg and Associates, Landscape Architects, as the Town’s consultant to work with YRRTC and the Remington Group on the conceptual design of the Civic Mall and the detailed design of the park component within the Civic Mall as required; and,

That funding for the above, in the amount of $50,000 be funded from Planning and Urban Design’s Capital Account #81-5350-7647-005 entitled “Markham Centre Amenity / Urban Park (Phase I Design)” and that the balance in the account be retained for the original purpose intended; and,

That Council authorize staff to establish a technical working group consisting of representatives of the Planning and Urban Design and Engineering Departments, Community and Fire Services Commission and the Markham Centre Advisory Group, to work with the landscape architect, the Remington Group and YRRTC on the design of the Civic Mall; and,

That staff report back to Council on the preliminary design concept for the Civic Mall, including possible funding sources for future landscape architectural consulting services for detailed design of the park component of the civic mall, and on the preferred park construction delivery model, prior to the summer recess; and further,

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

(3) SUBCOMMITTEE ON SECOND SUITES
RECOMMENDATIONS (10.0)

That the Report dated February 5, 2008 entitled “Subcommittee on Second Suites Recommendations” be received; and,

That Staff be authorized to schedule a Public Open House and a Statutory Public Meeting to receive input on a new Strategy for Second Suites, which addresses the directions of the Subcommittee on Second Suites for a broader strategy as outlined in Appendix ‘D’, and includes:

a) the introduction of Town-wide zoning permissions for second suites in single detached and semi-detached dwellings, subject to certain development and property standards;

b) the requirement for registration and registration renewal (every 3 years or upon change in property ownership) of any house with a second suite to ensure compliance with all applicable codes and standards;

c) development of a comprehensive public education program (following approval of Town-wide zoning permission) to communicate changes to Markham’s policy on second suites and support implementation of the strategy, including an incentive program to encourage voluntary registration of a second suite; and

d) the establishment of an 18 month monitoring program to monitor the implementation of the strategy and report on any further changes required to the strategy components.

That Staff report back to Development Services Committee following the Statutory

Public Meeting on actions required to implement the new Strategy for Second Suites,

including:

a) a draft zoning by-law amendment to permit second suites;

b) required amendments to the Town’s Registration By-law and Property Standards By-law;

c) any further changes required to the Town’s procedures for inspecting and registering second suites;

d) preparation of a comprehensive public education program; and

e) any financial implications associated with implementing the strategy;

That a “most frequently asked questions” document be included with notices distributed to the public on second suites and also added to the Town’s web site; and further,

That notification of the public meeting be sent to those residents who participated in the extended driveway and who indicated an interest in second suites discussions.

CARRIED

(4)        APPLICATIONS FOR SITE PLAN APPROVAL
            TO PERMIT THE CONSTRUCTION OF
            THREE NEW COMMERCIAL BUILDINGS AND
            THE DEMOLITION OF EXISTING OFFICE BUILDINGS (SC 06 134364)
            MAIN & MARKHAM INVESTMENTS LTD. 5954- 5956 HWY. 7 E.
            MARKHAM VILLAGE HERITAGE CONSERVATION DISTRICT (10.6)

That the Site Plan Control application (SC 06 134364) submitted by Main & Markham Investments be endorsed in principal subject to the general and specific conditions outlined in Appendix ‘A’ attached to the staff report entitled “Main & Markham Investments Ltd., 5954 – 5956 Hwy. 7 E”; and,

That demolition of the existing office buildings located at 5954-5956 Highway 7 E. be approved; and further,

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

(5)        1685904 ONTARIO INC.
            4600 STEELES AVENUE EAST
            (NORTH-EAST CORNER OF STEELES AVENUE EAST
            AND THE FUTURE MIDLAND AVENUE EXTENSION)
            SITE PLAN APPLICATION FOR A MIXED-USE DEVELOPMENT
            (SC 06 113701) (10.6)

That the staff report entitled “RECOMMENDATION REPORT – 1685904 Ontario Inc. – 4600 Steeles Avenue East (North-east corner of Steeles Avenue East and the future Midland Avenue extension) – Site plan application for a mixed-use development”, dated February 19, 2008, be received; and,

That the application for site plan control approval be endorsed, in principle; and,

That site plan approval be delegated to the Director of Planning and Urban Design or her designate, to be issued following execution of a site plan agreement (Site Plan approval is issued only when the Director has signed the site plan “approved”), when the following conditions have been met:

The Owner has conveyed all lands required for Steeles Avenue and the Midland Avenue extension to the City of Toronto and the Town of Markham.
The Town owned lands which are to be incorporated into the proposed development have been acquired by the Owner.
The Owner has conveyed a heritage easement to the Town over the south (front) façade, portions of the sidewalls, and the wood doors with their associated glazing within the vestibule of the former Milliken Public School.
The Owner has entered into a site plan agreement with the Town containing all standard and special provisions and requirements of the Town and public agencies and the conditions outlined in Schedule ‘A’ to the February 19, 2008 staff report, including provisions for the payment of a local improvement contribution in lieu of the area-specific development charge in the event that the Area Specific Development Charge By-law has not been enacted.
Provision for the payment by the Owner of all applicable fees, recoveries, development charges, parkland dedications and financial obligations related to applicable Developers Group Agreements.
The Trustee for the Milliken Main Street Landowners Group has advised the Town in writing that the Owner is in good standing with the Group and that the Group supports the assignment of 129 units of servicing allocation to 1685904 Ontario Inc.

The City of Toronto has confirmed in writing that the Owner has entered into an acceptable arrangement for the interim construction of the portion of the Midland Avenue extension required to provide access to the subject development, or alternatively an interim private driveway, prior to the completion of the Class Environmental Assessment for the Midland Avenue extension; and,

That 129 units of servicing allocation be granted by Council to 1685904 Ontario Inc., subject to the conditions outlined above; and,

That Council authorize the enactment of a by-law to remove the Hold (H) provisions on the subject lands, upon application by the Owner, once the conditions of hold removal have been satisfied; and further,

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

(6) BOB HUNTER MEMORIAL PARK MASTER PLAN (10.0)

That the staff recommendations be endorsed in principle and referred to a Working Committee of Council; and

That the following members of Council be appointed to the Working Committee: Councillor J. Webster, Councillor E. Shapero, Deputy Mayor J. Heath, Councillor L. Kanapathi, Mayor F. Scarpitti; and,

That the staff report entitled draft “Bob Hunter Memorial Park Master Plan” dated February 19, 2008, be received; and,

That Council express support for the Rouge Park’s Bob Hunter Memorial Park Master Plan; and

That the Rouge Park consider the comments made in the report entitled “Bob Hunter Memorial Park Master Plan” dated February 19, 2008; and,

That the Rouge Park be requested to prepare and maintain a financial implementation strategy, identifying private and public funding opportunities, as well as economic opportunities within the Park to implement and sustain the Park as a public resource; and,

That the ongoing Town of Markham Rouge Park grant of $25,000 per year be directed to implementation of the Little Rouge Corridor Park or Bob Hunter Memorial Park from account 25-210 0024, and that the Rouge Park continue to provide the Town with a year end report on expenditure of the grant; and,

That the Rouge Park Alliance be requested to focus implementation efforts first on providing the public amenities (including trails, trailheads and picnic areas) for Bob Hunter Memorial Park, in order to raise the profile of Rouge Park and facilitate public enjoyment on these lands, consistent with the “paramount actions” identified in the Rouge Watershed Plan to recognize and develop the Regional Open Space System; and,

That a copy of the report entitled “Bob Hunter Memorial Park Master Plan” dated February 19, 2008 be forwarded to the Rouge Park and Toronto and Region Conservation Authority and the Region of York as the Town’s input into the Final Bob Hunter Memorial Park Master Plan; and,

That staff continue to work co-operatively with the Rouge Park, Toronto and Region Conservation Authority, York Region, the Province of Ontario, residents and stakeholders, as appropriate to implement the Bob Hunter Memorial Park Master Plan; and further,

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

(7) LITTLE ROUGE CORRIDOR MANAGEMENT PLAN (10.0)

Report Attachment A Attachment B

That the Staff recommendations be endorsed in principle and referred to a Working Committee of Council; and,

That the Working Committee together with Staff identify a substantial acreage in the Rouge Park to permit leisure activity similar to Milne Park Conservation Area, and review other uses that relate to recreational activities; and,

That the staff report entitled draft “Little Rouge Corridor Management Plan” dated February 19, 2008, be received; and,

That Council express support for the Little Rouge Corridor Management Plan as a broad based park planning guideline, but encourage the Rouge Park to consider comments made in this information report; and,

That Council request the Rouge Park Alliance to ensure the Plan retains sufficient flexibility to respond to recreational and economic opportunities which could support the profile and funding of the regional park system; and,

That Council urge the Rouge Park Alliance to continue to seek private, corporate and senior government funding sources, including a Trust Fund to accept private donations, for the implementation of the Rouge Park, recognizing the significant costs to deliver the regional park infrastructure and ongoing operation costs; and,

That Council request the Rouge Park Alliance in its 5 year review of the Little Rouge Corridor Management Plan, to assess if the allocation of funding for the delivery of the Little Rouge Corridor Park is sufficient to deliver the park infrastructure and ongoing operations in a reasonable and timely manner; and,

That consistent with the paramount actions identified in the Rouge Watershed Plan, the Rouge Park be requested to prioritize the implementation and funding activities of the Little Rouge Corridor to recognize and develop the public use and trails component of the Regional Open Space System; and,

That the park uses proposed in the Little Rouge Corridor Management Plan be considered in the Greenbelt Conformity process to ensure that the uses are permissible, and consistent with the provisions of the Greenbelt Plan; and,

That Council request the Rouge Park staff to provide written communications with Town staff in the Planning Department and the Operations and Asset Management Group regarding implementation activities on Town owned lands and implementation activities requiring Town permits and approvals; and,

That a copy of the staff report entitled “Little Rouge Corridor Management Plan” dated February 19, 2008 be forwarded to the Rouge Park Alliance, the Toronto and Region Conservation Authority and the Region of York as the Town’s input into the Final Little Rouge Corridor Management Plan; and,

That staff continue to work co-operatively with the Rouge Park Alliance, and the Toronto and Region Conservation Authority, York Region, the Province of Ontario, residents and stakeholders, as appropriate to implement the Little Rouge Creek Management Plan; and further,

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

(8)        DIRECTIONAL SIGNAGE
            MARKHAM BY-PASS, HIGHWAY 407
            MCCOWAN ROAD, MAJOR MACKENZIE DRIVE
            MAIN STREET MARKHAM AND NINTH LINE(5.10)

That the presentation on Markham By-pass Directional Signage from staff be received; and

That the proposed sign be changed to read “Street” instead of “St”; and,

That Town supports York Region’s proposal to install guidance signs directing all non-local traffic (including trucks) to use Donald Cousens Parkway as a by-pass to Main Street Markham; and further,

That Staff report back with the final signage plan for the east end.

(9) MICRO COURT PROPOSED
PARKING PROHIBITION (5.12.4)

Report Map By-law

That the report entitled “Micro Court Proposed Parking Prohibition” dated February 19, 2008 be received; and,

That the Schedule ‘C’ of Parking By-law 2005-188, pertaining to “Prohibited Parking” be amended by including Micro Court; and,

That the By-law attached to the report titled “Micro Court Proposed Parking Prohibition” dated February 19, 2008, be approved; and,

That the Operations Department be directed to install the appropriate signs, funded through the 2008 Engineering budget, account #8402; and,

That the Operations Department be directed to maintain the appropriate signs at the subject location; and,

That the Parking Control Department be directed to enforce the parking prohibition upon installation of the signs; and further,

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

(By-law 2008-40)

(10) CLEGG ROAD PROPOSED
PARKING PROHIBITION (5.12.4)

Report Map By-law

That the report entitled “Clegg Road Proposed Parking Prohibition” dated February 19, 2008, be received; and,

That Schedule ‘C’ of Traffic By-law 2005-188, pertaining to “No Parking” be amended by including the south side of Clegg Road, from Rodick Road to a point 220 meters east thereof; and,

That the By-law attached to the report entitled “Clegg Road Proposed Parking Prohibition” dated February 19, 2008, be approved; and,

That the Operations Department be directed to install the appropriate signs at the subject location, funded through the 2008 Engineering budget, account #8402; and,

That the Parking Control Department be directed to enforce the stopping prohibition upon installation of the signs; and further,

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

(By-law 2008-41)

(11)      RODICK ROAD PROPOSED STOPPING
            PROHIBITION BETWEEN HIGHWAY 7 &
            16^TH AVENUE (5.12)

Report Attachment By-law

That the report entitled “Rodick Road Proposed Stopping Prohibition, between Highway 7 & 16^th Avenue” dated February 19, 2008, be received; and,

That Schedule ‘E’ of Traffic By-law 2005-188, pertaining to “No Stopping Zones” be amended by including both sides of Rodick Road, from Highway 7 to 16^th Avenue, as outlined in Option 3 of the report entitled “Rodick Road proposed stopping prohibition between Highway 7 & 16^th Avenue” dated February 19, 2008; and,

That the By-law attached to the report entitled “Rodick Road proposed stopping prohibition between Highway 7 & 16^th Avenue” dated February 19, 2008, be approved; and,

That the Operations Department be directed to install the appropriate signs at the subject location, funded through the 2008 Engineering budget, account #8402; and

That the Operations Department be directed to maintain the appropriate signs at the subject location, funded through the 2008 Operations Budget; and,

That the Parking Control Department be directed to enforce the stopping prohibition upon installation of the signs; and further,

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

(By-law 2008-42)

(12)      CLASS ENVIRONMENTAL ASSESSMENT
            FOR THE HIGHWAY 404 MID-BLOCK CROSSING
            BETWEEN MAJOR MACKENZIE DRIVE AND ELGIN MILLS ROAD (5.10)

Report Att A Att B Att C Att D

That the staff report entitled “Class Environmental Assessment for the Highway 404 Mid-block Crossing between Major Mackenzie Drive and Elgin Mills Road,” be received; and,

That the petition dated February 15, 2008 submitted by the Cathedraltown Residents be received; and further,

That the Town of Markham withdraw as a proponent of the Environmental Assessment for the Highway 404 Mid-Block Crossing between Major Mackenzie and Elgin Mills Roads and that the Region of York and the Town of Richmond Hill be advised that the Town no longer supports the Highway 404 Mid-Block Crossing.

CARRIED

(See following recorded vote) (6:5)

YEAS: Mayor F. Scarpitti, Regional Councillor J. Jones, Regional Councillor T. Wong, Councillor V. Burke, Councillor E. Shapero, Councillor L. Kanapathi. (6)

NAYS: Deputy Mayor J. Heath, Regional Councillor G. Landon, Councillor J. Virgilio, Councillor J. Webster, Councillor A. Chiu. (5)

ABSENT: Councillor C. Moretti, Councillor D. Horchik. (2)

(13) 404 NORTH SECONDARY PLAN
CONSTRUCTION AGREEMENT (5.0)

That the February 19, 2008 report entitled “404 North Secondary Plan, Construction Agreement,” be received; and,

That the Mayor and the Clerk be authorized to execute a construction agreement with the 404 North Developers Group for the installation of the internal and external sanitary sewers and watermains in the Woodbine Bypass area to service the Honda site plan, in a form satisfactory to the Chief Administrative Officer and the Town Solicitor; and,

That the 2008 Engineering Department Capital Budget be amended to include a new account for the construction of sidewalk and illumination related to the construction of the Woodbine Bypass (Phase 2B & 3) and development of the Honda site plan in the amount of $359,621.00 (sidewalk - $178,517.00, illumination - $181,104.00), to be funded by development charges;

And that the Mayor and Clerk be authorized to execute a credit agreement with the 404 North Developers Group for front-ending of the costs incurred by the Town to provide downstream sanitary sewer capacity for the area in a form satisfactory to the Chief Administrative Officer; and further,

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

(14)      CONSULTANT SELECTION RFP# 181-R-07
            DETAILED DESIGN AND CONTRACT ADMINISTRATION
            FOR RODICK ROAD WIDENING AND EXTENSION
            14^TH AVENUE TO ESNA PARK DRIVE (5.10, 7.12.2)

Letter Draft Terms of Reference Attachment 1

That the report entitled “Consultant Selection RFP # 181-R-07, Detailed Design and Contract Administration for Rodick Road widening and extension, 14^th Avenue to Esna Park Drive” be received; and

That staff be authorized to retain the highest ranked and lowest priced qualified firm UMA Engineering Ltd. for the detailed design of the project for an upset fee limit of $291,435.00 exclusive of GST and disbursements ($306,006.75 inclusive of 5% GST); and,

That Engineering staff be authorized to retain the highest ranked and lowest priced qualified firm UMA Engineering Ltd. for the construction inspection and contract administration for an upset fee of $233,060.00 exclusive of GST ($244,713.00 inclusive of 5% GST), subject to the satisfactory completion of the detailed design phase of the project as described in the RFP document; and,

That a contingency amount of 78,674.25 exclusive of GST ($82,607.96 inclusive of 5% 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 awards be funded and pre-approved from the 2008 Engineering Capital budget project 8299 Rodick Road Extension, in the amount of $675,549.56 exclusive of GST; and,

That upon payment of all invoices, any remaining funds be returned to the original funding source; and further,

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

CARRIED

5(d) REPORT NO. 10 - DEVELOPMENT SERVICES PUBLIC MEETING (Feb. 19, 2008)

Moved by Councillor J. Webster

Seconded by Councillor E. Shapero

That Report No. 10 - Development Services Public Meeting be received and adopted.

(1) CAT RESCUE SHELTER
205 LANGSTAFF ROAD EAST

(10.5)

That the correspondence received from Robert E. Jarvis Q.C., 105 Confederation Way, Thornhill, ON, be received; and,

That the Legal Department staff be authorized to request the Ontario Municipal Board to include the permission for a Cat Rescue Shelter in the proposed comprehensive temporary use By-law.

CARRIED

5(e) REPORT NO. 11 - GENERAL COMMITTEE (March 3, 2008)

Council consented to add Report No. 11.

Moved by Councillor J. Virgilio

Seconded by Councillor A. Chiu

That Report No. 11 - General Committee be received and adopted.

(1) COUNCIL ISSUES (16.0)

Presentation

That the presentation by Ms. S. Birrell, Town Clerk entitled “Council Issues” be received; and,

That from April to June, 2008 the Council/Standing Committee calendar be amended to provide for two (2) General Committee meetings per month from 9:00 a.m. to 4:00 p.m. on alternate weeks to Council meetings; and,

That at the last meeting in June a decision be made on continuing with the revised schedule or reverting back to weekly meetings; and,

That the other issues raised be deferred to the March 17, 2008 meeting of General Committee for further discussion.

(Other Business (4))

CARRIED

6. MOTIONS

Council consented to add Motions (1) and (2).

(1) DELEGATION OF VINCE TORTORICI
- SHOPPING CART CONTROL BY-LAW (5.0 & 2.0)

Moved by Councillor A. Chiu

Seconded by Regional Councillor T. Wong

That the delegation of Mr. Vince Tortorici, Longo's Fruit Markets, regarding the proposed Shopping Cart Control By-law be received.

CARRIED

(2/3 VOTE WAS REQUESTED & OBTAINED)

(2) MARKHAM VILLAGE BIA AND
UNIONVILLE BIA STREETSCAPE SERVICES (3.11 & 3.12)

Moved by Councillor J. Virgilio

Seconded by Councillor J. Webster

Whereas the Markham Village and Unionville BIAs are charged for streetscape services provided by the Town of Markham; and,

Whereas the same streetscape service is provided to other areas of the Town of Markham but are included as part of the Town’s operating budget; and,

Whereas it appears that the process for charging back the BIAs is inequitable; and,

Whereas consideration be given that a portion if not all of the charges be included in the Town’s operating budget;

Therefore, be it resolved:

That staff prepare an information report to General Committee detailing the history, rational and funding option for the existing charges to the Town of Markham’s two BIAs.

CARRIED

(See following to introduce motion)

Moved by Regional Councillor J. Jones

Seconded by Regional Councillor G. Landon

That Council consent to the introduction of a motion regarding Markham Village BIA and Unionville BIA streetscape services.

CARRIED

(2/3 VOTE WAS REQUESTED & OBTAINED)

7. COMMUNICATIONS

Moved by Councillor A. Chiu

Seconded by Councillor E. Shapero

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

Referred to Commissioner of Development Services & Town Solicitor

14-2008 Ontario Municipal Board - Advising of a Prehearing Conference to be held on March 25, 2008 regarding the appeals submitted for the properties located at 14 Arnold Avenue, 7584 to 7616 Yonge Street, City of Vaughan. (13.13)

Letter

15-2008 Ontario Municipal Board - Forwarding an oral Decision from a prehearing conference held on January 30, 2008 regarding the appeals to Development Charges By-laws. The Board has scheduled a telephone conference to be held on July 4, 2008 for a status report or a settlement hearing since the Town's public process is still underway for the new Town Wide and Area Specific Development Charges By-laws. (13.13)

Letter

CARRIED

8. PROCLAMATION

(1) PROCLAMATIONS (3.4)

Letter

Moved by Regional Councillor T. Wong

Seconded by Councillor J. Webster

That the following be proclaimed in the Town of Markham:

- Kidney Month (March 2008); and,

That the Kidney Foundation flag be raised on the Town of Markham Civic Centre flagpole for the duration of Kidney Month; and,

That the Corporate Communications Department be requested to publish the above proclamation in the local newspapers.

CARRIED

9. OTHER BUSINESS

(1) REGION OF YORK YONGE SUBWAY ADVISORY TASK FORCE
- APPOINTMENT OF NON-ELECTED REPRESENTATIVE (0.0, 13.4)

Moved by Regional Councillor J. Jones

Seconded by Councillor V. Burke

That Joe Ricciuti be appointed as the non-elected representative to serve on the Region of York Yonge Subway Advisory Task Force.

CARRIED

(2) APPOINTMENT OF TWO (2) COUNCILLORS
- MARKHAM SPORTS COUNCIL (16.0)

Moved by Deputy Mayor J. Heath

Seconded by Councillor E. Shapero

That Councillors Carolina Moretti and Alex Chiu be appointed to serve on the Markham Sports Council for the term ending November 30, 2010.

CARRIED

(3) LICENSING COMMITTEE HEARING NO. 08-1
APPEAL OF TAXI DRIVER NO. 2716 (2.23)

Moved by Deputy Mayor J. Heath

Seconded by Regional Councillor J. Jones

That the Licensing Committee recommends that the appeal be denied and that the Taxi Driver Licence No. 2716 be revoked pursuant to subsection 2.17(1) of By-law 2002-308.

CARRIED

(4) COUNCIL ISSUES - UPDATE MEMO (16.0)

Memo

Moved by Councillor J. Virgilio

Seconded by Councillor V. Burke

That the memo dated March 3, 2008 providing an update regarding various Council issues be received; and,

That the 2008 proposed meeting schedule for April to June be approved, save and except that the General Committee meeting for June 2 be moved to June 9.

(Clause 1, Report No. 11)

CARRIED

(5) TRAINING AND EDUCATION MEETING (16.0)

Moved by Councillor J. Virgilio

Seconded by Councillor E. Shapero

That a special closed training and education meeting of Council be held on Monday, March 17, 2008, at Lucent Technologies, 1380 Rodick Road, Markham, ON, from 12:00 noon to 4:00 p.m., for the purpose of discussing Council-staff relations and training.

CARRIED

10. BY-LAWS

Council consented to separate By-law 2008-37.

Moved by Councillor L. Kanapathi

Seconded by Councillor E. Shapero

That By-laws 2008-35 and 2008-36, and By-laws 2008-38 to 2008-44 be given three readings and enacted.

CARRIED

Moved by Regional Councillor G. Landon

Seconded by Councillor L. Kanapathi

That By-law 2008-37 be given three readings and enacted, save and except that the following Section 3.3 contained in the by-law be deleted in its entirety:

"Section 3.3

Notwithstanding section 3.2, where the owner operates a business under the same business name at more than one premises in the Town, the owner’s identity on each shopping cart shall include the name, address and telephone number of said business."

CARRIED

Three Readings

BY-LAW 2008-35 A by-law to provide for load restriction limiting loads to 5 tonnes per axle on all public highways in the Town of Markham from March 1, 2008 to April 30, 2008.
(Clause 1, Report No. 7, 2008)

BY-LAW 2008-36 A by-law to provide year-round load restriction limiting loads to 5 tonnes per axle on all Town's rural roads from March 1, 2008 to February 28, 2009.
(Clause 1, Report No. 7, 2008)

BY-LAW 2008-37 A by-law to prevent and control the abandonment of shopping carts on public lands in the Town of Markham.
(Clause 2, Report No. 8, 2008)

CARRIED AS AMENDED

(Section 3.3. removed)

BY-LAW 2008-38 A by-law to amend Town of Markham Fee By-law 2002-276 (A charge of $50.00 for every shopping cart the Town of Markham collects and returns to its perspective owner).
(Clause 2, Report No. 8, 2008)

BY-LAW 2008-39 A by-law to amend Parking By-law 2005-188 (No parking a motor vehicle so as to obstruct any portion of the sidewalk).
(Clause 7, Report No. 8, 2008)

BY-LAW 2008-40 A by-law to amend Parking By-law 2008-188 (Parking prohibition on Micro Court).
(Clause 9, Report No. 9, 2008)

BY-LAW 2008-41 A by-law to amend Parking By-law 2008-188 (Parking prohibition on Clegg Road, from Rodick Road to a point 220 meters east thereof).
(Clause 10, Report No. 9, 2008)

BY-LAW 2008-42 A by-law to amend Parking By-law 2008-188 (No stopping on both sides of Rodick Road, from Highway No. 7 to 16^th Avenue).
(Clause 11, Report No. 9, 2008)

BY-LAW 2008-43 A by-law to amend Zoning By-law 177-96, as amended (Monarch Corporation, West Cathedral Community, north side of Elgin Mills and west of Woodbine Avenue - To remove (H) Hold provision to permit the construction of 5 single detached dwellings and 8 townhouse units.

BY-LAW 2008-44 A by-law to amend Municipal Law Enforcement Officers Appointment By-law 2002-178 (To update Officers' List)

CARRIED

11. IN-CAMERA ITEMS

Council consented to separate Clause (3) and to add In-Camera Clause (7).

Moved by Deputy Mayor J. Heath

Seconded by Councillor J. Webster

That Council rise and the Chair report the following from in-camera session:

(1) MINUTES OF IN-CAMERA COUNCIL MEETING
- FEBRUARY 12, 2008

That the minutes of the in-camera Council meeting held on February 12, 2008, be confirmed.

(2) LEGAL PROCEEDINGS ON TAX BILLINGS (7.3)

That the confidential report dated January 3, 2008 from the Assistant Town Solicitor regarding legal proceedings on tax billings be received;

And that staff be directed to take all actions as are set out in this report.

(3) LEGAL MATTER ON PARKLAND DEDICATION (8.0)

That the confidential report dated January 9, 2008 from the Manager of Real Property regarding legal matter on parkland dedication be received;

And that staff be directed to take all actions as are set out in this report.

CARRIED

(Councillor J. Virgilio abstained)

(4) PERSONNEL MATTER (11.0)

That the contract for an Auditor General be extended from two (2) years to a maximum of four (4) years.

(5) MARKHAM ENVIRONMENTAL LAND
SECUREMENT FUND - PRIORITIES FOR ACQUISITION (8.6)

That the confidential presentation by Lilli Duoba and David Pearce regarding the Markham Environmental Land Securement Fund - Priorities For Acquisition, be received;

And, that staff proceeds as outlined in the presentation.

(6)        APPEAL OF COMMITTEE OF ADJUSTMENT DECISION
            REGARDING 179 JOHN STREET, THORNHILL
            APPEAL OF TOWN’S DECISION ON APPLICATION
            FOR A DEMOLITION PERMIT AND PENDING APPEAL
            OF TOWN’S DECISION ON SITE PLAN APPLICATION
            DEMOLITION PERMIT APPLICATION FILE NO. 07 126030 DP
            COMMITTEE OF ADJUSTMENT FILE NO. A/117/07
            SITE PLAN APPLICATION FILE NO. SC 07 131520
            LEGAL FILE NO. 07 0205 LG 0441 (8.0)

That the report entitled “Appeal of Committee of Adjustment Decision regarding 179 John Street, Thornhill, Appeal of Town’s Decision on Application for a Demolition Permit and pending Appeal of Town’s Decision on Site Plan Application” be received;

And that the Town Solicitor and appropriate staff be instructed to attend the Ontario Municipal Board hearing to oppose the following appeals by the Owner:

1. appeal of the Owner from the decision of Town Council denying her application for a demolition permit to demolish the existing one and a half storey house on the property;

2. appeal of the Owner from the decision of the Committee of Adjustment which denied her application for a minor variance to increase the maximum building height from 9.8m to 13.33m and to increase the maximum building depth from 16.8m to 20.1m, required to construct a new two storey house on the property; and

3. pending appeal of the Owner from the decision of Town Council refusing her site plan application for the proposed two storey house on the property.

And that the above resolution be reported out in the public Council meeting in its entirety.

(7)        THORNHILL VILLAGE PLAZA INC.
            - M4 DEVELOPMENTS INC.
            APPEALS OF VAUGHAN OPA 669,
            SITE SPECIFIC APPEALS OF OPA 210
            (AS AMENDED BY OPA 669) AND
            HERITAGE DISTRICT PLAN POLICIES AND DESIGN GUIDELINES
            7584-7616 YONGE STREET AND 14 ARNOLD AVENUE, VAUGHAN
            LEGAL FILE NO. 08 0110 LG 0069 (8.0)

That Council instruct the Town Solicitor, further to the Notice of Prehearing Conference delivered by the Ontario Municipal Board respecting Board Case Nos. PL070942, PL080013, PL071208 and PL080017, to oppose the appeals of Thornhill Village Plaza Inc. and M4 Developments Inc. from Vaughan OPA 669, the Site Specific OPA and Zoning By-law applications refused by Vaughan Council and the appeal of the Thornhill Heritage Conservation District Plan design guidelines, and that the Town request party status on these Appeals.

Moved by Deputy Mayor J. Heath

Seconded by Councillor J. Webster

That the report be adopted, approved and confirmed.

CARRIED

12. CONFIRMATORY BY-LAW

Moved by Councillor L. Kanapathi

Seconded by Councillor J. Virgilio

That By-law 2008-45 be given three readings and enacted.

Three Readings

BY-LAW 2008-45 A by-law to confirm the proceedings of the Council meeting of March 4, 2008.
(Council Meeting No. 3, 2008)