2008-09-23

COUNCIL MINUTES Council Chamber, Civic Centre

Meeting No. 12

ROLL CALL

Mayor F. Scarpitti, Deputy Mayor J. Heath, Regional Councillor J. Jones, Regional Councillor T. Wong, Regional Councillor G. Landon, Councillor V. Burke, Councillor C. Moretti, Councillor J. Webster, Councillor D. Horchik, Councillor L. Kanapathi, Councillor A. Chiu. (11)

REGRETS

Councillor E. Shapero, Councillor J. Virgilio. (2)

The Regular Meeting of Council was held on September 23, 2008 at 7:04 p.m. in the Council Chamber, Civic Centre. Mayor F. Scarpitti presided.

STAFF

J. Livey, Chief Administrative Officer

J. Baird, Commissioner of Development Services

A. Taylor, Commissioner of Corporate Services

B. Librecz, Commissioner of Community and Fire Services

C. Conrad, Town Solicitor

K. Kitteringham, Town Clerk

A. Tari, Committee Clerk

B. Cribbett, Treasurer

J. Wong, Technology Support Specialist

B. Nanninga, Executive Assistant

D. Flaherty, Manager - Strategic Communications

1. DISCLOSURE OF PECUNIARY INTEREST

(1) None declared.

2. MINUTES

(1) COUNCIL MINUTES - SEPTEMBER 9, 2008

Minutes

Moved by Councillor A. Chiu

Seconded by Regional Councillor G. Landon

That the Minutes of the Council Meeting held on September 9, 2008, be adopted.

CARRIED

3. PRESENTATIONS

(1) BOWL FOR KIDS SAKE PLAQUE PRESENTATION (12.2.6)

Ms. Moragh Wolfe, Executive Director of Big Brothers Big Sisters addressed Council and advised Ms. Maddy Nichol, Manager of Fund Development, was unable to attend tonight’s meeting to present the thank you plaque to Council for Markham's participation in the Bowl for Kids. Ms. Wolfe thanked Markham Council for declaring September as "Big Brothers Big Sisters Month" in the Town of Markham and spoke of the positive impact the mentoring programs her organization provides has on York Region’s children.

Mayor F. Scarpitti thanked Ms. Wolfe for her presentation and encouraged people to participate in the Bowl for Kids event. He also thanked the organization for its work on behalf of York Region’s children.

Moved by Regional Councillor J. Jones

Seconded by Regional Councillor G. Landon

That the presentation of Ms. Moragh Wolfe, Executive Director of Big Brothers Big Sisters, be received.

CARRIED

(2) MARKHAVEN FUNDRAISING INITIATIVES (12.2.6)

Mr. Brian Rennick, President, The Markhaven Foundation, addressed Council and highlighted the launch of the “Heroes Challenge Campaign”. He thanked Markham Council for the Town’s ongoing support to the Markhaven Foundation. He also provided a synopsis of the Heroes Challenge and noted the reason for Members of Council sitting in wheelchairs during tonight’s Council meeting. Mr. Rennick also recognized Ada North, Honorary Grandma for 2008.

Mayor F. Scarpitti thanked Mr. Rennick for his presentation and spoke of the positive work of the Markhaven Foundation. He also spoke of the important role of seniors in the Town of Markham.

Moved by Regional Councillor G. Landon

Seconded by Councillor J. Webster

That the presentation of Mr. Brian Rennick, President, The Markkhaven Foundation, be received.

CARRIED

(3) SMALL STREAMS STUDY AWARD (12.2.6)

Ms. Lilli Duoba, Senior Project Coordinator presented to Council the ‘Excellence in Planning’ Award in the Research/New Direction Category, given to the Town of Markham by the Ontario Professional Planners Institute (OPPI) for the Small Streams Study.

Mr. Jim Baird, Commissioner of Development Services, spoke about the significance of the award and of Council's commitment to environmental sustainability and leadership in environmental planning.

Moved by Councillor J. Webster

Seconded by Councillor D. Horchik

That presentation of the ‘Excellence in Planning’ Award in the Research/New Direction Category, be received.

CARRIED

______________________________________

Moved by Councillor J. Webster

Seconded by Regional Councillor J. Jones

That Council consider the matter regarding Ontario Municipal hearing for 60 Rouge Street immediately following Presentations. (See In-camera (5) of theses minutes for the adoption of this matter).

CARRIED

______________________________________

4. DELEGATIONS

(1) There were no delegations.

5. PETITIONS

(1) There were no petitions.

6(a) REPORT NO. 41 - GENERAL COMMITTEE (September 8, 2008)

Council consented to separate Clause (4).

Moved by Regional Councillor G. Landon

Seconded by Councillor L. Kanapathi

That Report No. 41 - General Committee comprising 9 clauses be received and adopted.

(1) MINUTES OF THE JUNE 16, 2008
BOARD OF THE VARLEY MCKAY ART FOUNDATION
OF MARKHAM (16.0)

Minutes Policy

That the minutes of the June 16, 2008 Board of the Varley McKay Art Foundation of Markham be received; and,

That the following resolution from the June 16, 2008 Board of the Varley McKay Art Foundation of Markham Minutes be adopted:

“That the Board of Directors approve the Policy with Respect to Donations and Income Tax Receipts”.

CARRIED

(2) APPOINTMENTS AND RESIGNATIONS TO
ADVISORY COMMITTEES 2008 (16.24)

That the Terms of Reference for the Animal Care Committee be amended to read as follows:

Composition

• The Animal Care Committee shall be comprised of the following:
• up to ten (10) members of the public (currently 4; 6 are being added)
• one (1) member of Council
• up to four (4) representatives from local animal advocacy groups
• Meetings and Location:

 Meetings are generally held once a month in the evening.  Additional meetings will be at the call of the Chair; and,

That the following persons be appointed to the Animal Care Committee:

Barbara Newman - for the term expiring November 30, 2009

Robert Newman - for the term expiring November 30, 2009

Andrea Sim - for the term expiring November 30, 2010

Caroline Lane - for the term expiring November 30, 2011

Charlene Crawford - for the term expiring November 30, 2011

Janet Andrews - for the term expiring November 30, 2011; and,

That the recommendation of the Markham Environmental Advisory Committee to appoint Mr. Christopher Sauer as MEAC's representative to the Cycling and Pedestrian Advisory Committee for the term ending November 30, 2010 be confirmed; and,

That Ms. Sandra McEleney be appointed to the Cycling and Pedestrian Advisory Committee for the term ending November 30, 2010; and,

That the resignation of Mr. Paul Leonidis from the Markham Public Art Advisory Committee be accepted with regret, and a letter of appreciation be forwarded; and,

That the following persons be appointed to the Markham Public Art Advisory Committee for the term expiring November 30, 2011:

Stefania Pflugbeil

Salim Manji

That the resignation of Ms. Nisha Mehta from the Markham Race Relations Committee be accepted with regret and a letter of appreciation be forwarded; and,

That the following persons be appointed to the Canada Day Committee for the term ending November 30, 2009:

May Fung

Jaswant Dhanjal

CARRIED

(3) DEVELOPMENT CHARGE BY-LAW REPEAL (7.11)

Report 1 2

That the report entitled “Development Charge By-law Repeal” dated August 18, 2008 be received, as amended; and,

That Council approve, effective September 30, 2008, the repeal of Area Specific Development Charge By-law Number 2004-224 for Buttonville North – Area 3A; and,

That Council approve, effective September 30, 2008, the repeal of Area Specific Development Charge By-law Number 2004-229 for Woodbine North – Area 12; and,

That Council approve, effective September 30, 2008, the repeal of Area Specific Development Charge By-law Number 2004-230 for Shouldice – Area 21; and,

That Council approve, effective September 30, 2008, the repeal of Area Specific Development Charge By-law Number 2004-231 for Mount Joy – Area 23; and,

That Council approve, effective September 30, 2008, the repeal of Area Specific Development Charge By-Law Number 2004-232 for Cornell – Area 41; and,

That Council approve, effective September 30, 2008, the repeal of Area Specific Development Charge By-law number 2004-235 for Markham Centre-Cox – Area 42B.1; and,

That Council approve, effective September 30, 2008, the repeal of Area Specific Development Charge By-law Number 2004-237 for Markham Centre-IBM – Area 42B.3; and,

That Council approve, effective September 30, 2008, the repeal of Area Specific Development Charge By-law Number 2004-240 for Markham Centre-Remington – Area 42B.7; and,

That Council approve, effective September 30, 2008, the repeal of Area Specific Development Charge By-law Number 2004-243 for Greensborough – Area 43; and,

That Council approve, effective September 30, 2008, the repeal of Area Specific Development Charge By-law Number 2004-244 for Box Grove – Area 44B; and,

That Council approve, effective September 30, 2008, the repeal of Area Specific Development Charge By-law Number 2004-246 for Berczy – Area 45B; and,

That Council approve, effective September 30, 2008, the repeal of Area Specific development charge by-law Number 2004-248 for Angus Glen – Area 47A; and further,

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

(By-law 2008-206)

CARRIED

(4) 2008 MARKHAM SANTA CLAUS PARADE (7.0 & 3.5.5)

Report

That the report dated August 13, 2008 entitled “2008 Markham Santa Claus Parade” be received; and,

That the Santa Claus Parade Committee of Council be established for the 2008 Markham Santa Claus Parade; and further,

That the 2008 Markham Santa Claus Parade Committee of Council be comprised of the following members; Ward 4 Councillor Carolina Moretti, Ward 5 Councillor John Webster, Anna Rose (Manager, Community Relations), Bob Walter (Operations District Manager East), Peter Cusimano (Rotary Club Past President), Jim Sandiford (Rotary Club Treasurer), Susan Peterson (Rotary Club Member) and Phil Howes (Markham BIA).

CARRIED

(5) WATERWORKS SERVICE FEES (5.3)

Report 1 By-law

That the Report titled “Waterworks Service Fees”, dated August 1, 2008, be received; and,

That the proposed fees outlined in Attachment ‘A’ for services provided by the Waterworks Division be approved effective October 1, 2008; and,

That By-Law No. 2002-276 be amended to update the fees set under Community Services – Water section of Schedule ‘A’, with fees outlined in Attachment ‘A’; and

That staff report back in one year on the process and the status of the implementation of the service fees; and further

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

(By-law 2008-207)

CARRIED

(6) QUALITY MANAGEMENT SYSTEM
DOCUMENTATION UPDATE (5.3)

Report 1 ( 5a 5b 7 8 9 10 11 13 14 16a 16c 17 18 19 flow chart) 2

That the report titled “Quality Management System Documentation Update” be received; and,

That Council, as the Owner and Operating Authority of Town of Markham’s Drinking Water System, endorse the following System Level Documents (SLDs) for the Town’s Quality Management System in order to be in compliance to the Drinking Water Quality Management Standard:

• SLD 5a Control of Documents
• SLD 5b Control of Records
• SLD 7 Risk Assessment
• SLD 8 Risk Assessment Outcomes
• SLD 9 Organizational Structure, Roles, Responsibilities & Authorities
• SLD 10 Competencies
• SLD 11 Personnel Coverage


• SLD 13 Essential Supplies and Services
• SLD 14 Review and Provision of Infrastructure
• SLD 16a Sampling
• SLD 16b Testing
• SLD 16c Monitoring
• SLD 17 Calibration & Maintenance of Measurement and Recording Equipment
• SLD 18 Emergency Management
• SLD 19 Internal Audits

That Council, as the Owner and Operating Authority of Town of Markham’s Drinking Water System, are informed about the document control process, and aware of how the control documents are being controlled; and further,

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

CARRIED

(7) APPOINTMENT OF MEMBERS TO THE
MAYOR’S YOUTH TASK FORCE FOR
THE PERIOD OF SEPTEMBER 1, 2008 – JUNE 30, 2009 (16.21)

Report

That the following appointments to the Mayor’s Youth Task Force be confirmed for the term September 1, 2008 to June 30, 2009; and,

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

LEGEND: R Returning

NAME SCHOOL GR.

MARKHAM R Vino Jeyapalan (CHAIR) High School 12

R Vijay Jeyapalan (CHAIR) High School 12

Jasper Wong High School 12

R Rebecca Wang High School 12

Senthan Thirugnanasampanthan High School 9

RShanthiya Baheerathan High School 12

Yaminee Charavanapavan Elementary School 8

UNIONVILLE R Yanbo Guo High School 11

R Jesse Colautti High School 12

Abby Paranthaman High School 9

R Maha Naqi High School 10

R Joey Loi Elementary School 9

Christine Hui Elementary School 8

R Lavania Hui High School 9

Kevin Jen Elementary School 8

Krrisha Gnanachchandran High School 10

Tommy Yen High School 9

MILLIKEN R Janelle Valestero High School 11

R Samantha Soto High School 11

R Vetura Jeyandran High School 12

R Gauri Gogna High School 12

R Rimi Sambi High School 11

Jeffery Duong High School 10

THORNHILL R Melissa Huang High School 11

CARRIED

(8) OUTDOOR FACILITY
ALLOCATION INFORMATION (6.4 & 6.5)

Report

That the report entitled “Outdoor Facility Allocation Information Report” be received as information; and,

That a working committee comprised of representatives of Council, staff and user groups be formed to address:

- Creation of a Sport Field Allocation Policy

- Development and use of artificial turf fields in Markham

- Development of future indoor and outdoor facilities

- Review of user fees

CARRIED

(9) REPLACEMENT OF MUNCIPAL REPRESENTATIVE
FOR SOURCE PROTECTION COMMITTEES AS REQUIRED
BY THE CLEAN WATER ACT (13.4)

Letter

That the letter dated March 27, 2008 from York Region regarding municipal representation on the Source Protection Committees be received; and,

That the Regional Municipality of York’s appointment of Neil Garbe, and Erin Mahoney as the Municipal Representatives to the Credit Valley, Toronto Region and Central Lake Ontario Region Source Protection Committee, and the Georgian Bay-Lake Simcoe Source Protection Committee be endorsed.

CARRIED

6(b) REPORT NO. 42 - DEVELOPMENT SERVICES COMMITTEE (Sept. 16, 2008)

Moved by Councillor J. Webster

Seconded by Councillor D. Horchik

That Report No. 42 - Development Services Committee comprising 4 clauses be received and adopted.

(1) U486 BUILDERS INC. – METRUS PROPERTIES
DEEMING BY-LAW FOR PART OF BLOCKS 2, 3, AND 4
ON PLAN 65M-2843, BEING PARTS 18, 26, AND 38
ON REFERENCE PLAN 65R-22443,
(MUNICIPALLY KNOWN AS 7635 AND 7675
WITH 7677 MARKHAM ROAD)
(DY 08-121258) (10.0)

Report Attachments

That the staff report dated September 16, 2008 entitled “U486 Builders Inc. – Metrus Properties, Deeming By-law for Part of Blocks 2, 3, and 4 on Plan 65M-2843, being parts 18, 26, and 38 on Reference Plan 65R-22443, (municipally known as 7635 and 7675 with 7677 Markham Road),” be received; and,

That Council enact a By-law to deem Part of Blocks 2, 3, and 4 on Plan 65M-2843, being parts 18, 26, and 38 on Reference Plan 65R-22443, (municipally known as 7635 and 7675 with 7677 Markham Road) to no longer be blocks on a registered plan of subdivision, and to allow the construction of a retail building with two units and to create a single parcel of land; and further,

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

CARRIED

(2) CONSTRUCTION OF MARKHAM STOUFFVILLE HOSPITAL
INFRASTRUCTURE (5.0)

Report Attachments

That the September 16, 2008 report entitled “Construction of Markham Stouffville Hospital Infrastructure”, be received; and,

That the Mayor and Clerk be authorized to execute construction agreement(s) in a form satisfactory to the Chief Administrative Officer and the Town Solicitor with Markham Stouffville Hospital (MSH), to enable MSH to pre-build civil works (storm sewers, municipal roads, etc.) in advance of the site plan agreement for the hospital expansion; and further,

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

CARRIED

(3) MARKHAM CENTRE EAST PRECINCT PLAN
AND MOBILITY HUB DESIGN (10.0)

Report Attachments

That the staff report dated September 16, 2008 titled “Markham Centre East Precinct and Mobility Hub Design” be received; and,

That Council authorizes staff to retain Urban Strategies, on a preferred supplier basis to undertake a conceptual design for the Markham Centre Review - East Precinct Plan and prepare a Mobility Hub Concept Plan in consultation with interested agencies and affected land owners in the amount of $46,850.00; and,

That a contingency amount of $4,685.00 exclusive of GST be established to cover any additional costs and that the Director of Planning and Urban Design be authorized to approve expenditure of this contingency amount up to the specified limit; and,

That a new 2008 Planning Capital Budget be established entitled “Markham Centre Review -East Precinct Plan and Mobility Hub Concept Plan” for a total amount of $51,535.00 to be funded from the Development Charges Reserve (90% / $46,381.50) and tax-funded Capital Contingency 44-6900-6395-005 (10% / $5,153.50); and,

That IBI Group Ltd be retained on a preferred supplier basis for additional transportation analysis associated with the update of the Markham Centre Transportation Study and work associated with the revised Markham Centre Review -East Precinct and Mobility Hub Concept Plan to a maximum of $114,400 (inclusive of $10,400 in contingencies); and,

That the Engineering Department Capital Account 083-5350-8471-005 (Markham Centre Traffic Study Update) be increased by $ 59,128.00 and funded from the Development Charges Reserve; and,

That the tendering process for the above awards be waived in accordance with Purchasing By-Law 2004-341, Part 11, Section 7 (1) which states “When any of the following conditions apply, the Treasurer and the Manager of Purchasing may, in consultation with the appropriate Director, negotiate a contract for the supply of goods and services without a competitive process, which shall be submitted to the Chief Administrative Officer for approval...

(c) when the extension of an existing contract would prove more cost-effective or beneficial”; and,

That staff up-date Council following the Developer/Transportation Agency Roundtable Workshop scheduled for October to discuss the Mobility Hub Concept Plan; and further,

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

CARRIED

(4) HIGHWAY 404 NORTH SECONDARY PLAN
TRANSPORTATION IMPROVEMENT (5.7 & 5.10)

Report Attachments

That the September 16, 2008 report entitled “Highway 404 North Secondary Plan Transportation Improvements” be received; and,

That the Region of York be requested to assume 19^th Avenue between Highway 404 and Woodbine Avenue in the Town of Markham into the Regional road system; and,

That the Region of York be requested to commence the Class Environmental Assessment process for the widening and reconstruction of 19^th Avenue between Highway 404 and Woodbine Avenue, including the jog elimination at Woodbine Avenue; and,

That the Region of York be requested to work with Town of Markham to examine transportation demand management and transit options to increase the modal split; and,

That the Minister of Transportation, Ontario be requested to commence discussions with the Region of York, the Town of Markham and the Town of Richmond Hill to:

(a) set out a time table for the Class Environmental Assessment, design and implementation of a new Highway 404 interchange at 19^th Avenue, and

(b) confirm Ministry of Transportation funding commitment; and,

That Staff be authorized to participate if necessary as a joint proponent in the Class Environmental Assessment process, preliminary design and property acquisition of the Hwy 404 Interchange and 19^th Avenue reconstruction subject to budget approval; and,

That Staff report back to Council as to the status of the 19^th Avenue interchange and 19^th Avenue reconstruction including ownership, funding, scheduling, property requirements and agreements; and,

That a copy of this report be forwarded to the Honourable Jim Bradley, Minister of Transportation, Kathleen Lewellyn-Thomas, Commissioner of Transportation and Works, the Regional Municipality of York and Italo Brutto, Commissioner, Engineering and Public Works, the Town of Richmond Hill for information and necessary actions; and further,

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

CARRIED

6(c) REPORT NO. 43 - DEVELOPMENT SERVICES PUBLIC MEETING (Sept. 16, 2008)

Moved by Councillor J. Webster

Seconded by Councillor C. Moretti

That Report No. 43 - Development Services Public Meeting comprising 3 clauses be received and adopted.

(1) RED BANNER DEVELOPMENTS LIMITED
ZONING BY-LAW AMENDMENT APPLICATION
TO CLARIFY THE RANGE AND NATURE OF
PERMITTED USES AND AMEND THE PARKING STANDARDS
FOR 5970 AND 5990 16^TH AVENUE.
(ZA 08 115374) (10.5)

Report Attachment

That the Development Services Commission report dated June 17, 2008 entitled “PRELIMINARY REPORT, Red Banner Developments Limited. Zoning By-law Amendment Application to clarify the range and nature of permitted uses and to amend the parking standards for 5906 and 5990 16^th Avenue (File Number ZA 08 115374)” be received; and,

That the Record of the Public Meeting held on September 16 2008, with respect to the applications by Red Banner Developments Limited, for Zoning By-law Amendment, be received; and,

That the applications by Red Banner Developments Limited for Zoning By-law Amendment to amend By-law 1229, as amended, be approved; and further,

That the proposed amendments to By-law 1229, as amended, be enacted without further notice.

CARRIED

(2) MARKHAM STOUFFVILLE HOSPITAL
ZONING BY-LAW AMENDMENT APPLICATION
TO PERMIT THE HOSPITAL EXPANSION
(ZA 08 111302) (10.5)

Report Attachment

That the correspondence from Carolyn Dunn, Markham resident, be received; and,

That the report from the Development Services Commission dated May 20, 2008, entitled “Preliminary Report, Markham Stouffville Hospital Zoning By-law Amendment Application to permit the hospital expansion.  File No. ZA 08 111302” be received; and,

That the Record of the Public Meeting held on September 16, 2008, with respect to the rezoning application submitted by Markham Stouffville Hospital to amend By-laws 304-87 and 1229, both as amended, be received; and,

That the application by Markham Stouffville Hospital to amend By-laws 304-87 and 1229, both as amended, be approved; and further,

That the proposed amendments to By-laws 304-87 and 1229, both as amended, be enacted without further notice.

CARRIED

(3) APPLICATIONS FOR DRAFT PLAN OF SUBDIVISION
APPROVAL AND REZONING BY:

a. MAJORWOOD DEVELOPMENTS INC.,
2938 MAJOR MACKENZIE DRIVE EAST
(FILE NO. SU 02 118584; ZA 08 112735);

b. HERITAGE AT CATHEDRAL
– MONARCH CORPORATION
PART LOT 22, CONCESSION 3
(FILE NO. SU 05 011381; ZA 08 112151);

c. 1696913 ONTARIO INC.
2901 ELGIN MILLS RD E.,
(FORMERLY TUCCIARONE FAMILY)
(FILE NO. SU 01 110126; ZA 08 112322);

d. HERITAGE AT VICTORIA SQUARE
- MONARCH CORPORATION
PART LOTS 26 AND 27, CONCESSION 3
(NORTHWEST QUADRANT OF ELGIN MILLS RD. E.
AND WOODBINE AVENUE),
(FILE NO. SU 05 010966; ZA 08 112753);

TO PERMIT THE SECOND PHASES OF RESIDENTIAL
DEVELOPMENT IN THE WEST CATHEDRAL COMMUNITY
(10.7, 10.5)

Report Attachment

That the Development Services Commission report dated May 20 2008, entitled “PRELIMINARY REPORT - Applications for Draft Plan of Subdivision Approval and Rezoning by: Majorwood Developments Inc., 2938 Major Mackenzie Drive East (file no. SU 02 118584; ZA 08 112735); Heritage at Cathedral – Monarch Corporation, Part Lot 22 Concession 3 (file no. SU 05 011381; ZA 08 112151); 1696913 Ontario Inc., 2901 Elgin Mills Rd E., (Formerly Tucciarone Family) (file no. SU 01 110126; ZA 08 112322); Heritage at Victoria Square - Monarch Corporation, Part Lots 26 and 27, Concession 3 (northwest quadrant of Elgin Mills Rd. E. and Woodbine Avenue), (file no. SU 05 010966; ZA 08 112753)”, be received; and,

That the Record of the Public Meeting held on September 16 2008, with respect to the applications by Majorwood Developments Inc., Monarch Corporation, and 1696913 Ontario Inc., (Formerly Tucciarone Family), for draft plan of subdivision approvals and Zoning by-law Amendments, be received; and,

That the applications by Majorwood Developments Inc., Monarch Corporation, and 1696913 Ontario Inc., (Formerly Tucciarone Family), to amend By-law 304-87 as amended, be approved; and further,

That By-law 304-87 and 177-96, as amended, be enacted once both the presale and indemnity agreements are executed between the owners, the Town and the Region.

CARRIED

7. MOTIONS

(1) There were no motions.

8. NOTICE OF MOTIONS

(1) There were no notices of motions.

9. COMMUNICATIONS

Moved by Councillor A. Chiu

Seconded by Deputy Mayor J. Heath

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

Referred to all Members of Council

73-2008 Liquor Licence Application - Forwarding a request to complete the Alcohol and Gaming Commission Municipal Information Form for Loui's Kouzina, 9255 Woodbine Avenue, Unit 26 (Indoor licence for new premises). (3.21)

Info

74-2008 Liquor Licence Application - Forwarding a request to complete the Alcohol and Gaming Commission Municipal Information Form for Woodbine Indoor Golf Ltd., 7501 Woodbine Avenue, Unit 7 (New indoor licence for existing premises). (3.21)

Info

75-2008 Liquor Licence Application - Forwarding a request to complete the Alcohol and Gaming Commission Municipal Information Form for Unionville Arms Pub and Grill, 189 Main Street Unionville (Indoor and outdoor licence for re-build premises). (3.21)

Info

Referred to Commissioner of Development Services and Town Solicitor

76-2008 Ontario Municipal Board - Advising that the Board has granted a three (3) year extension to the time period for final approval of Phase 2 of the Draft Plan of Subdivision so that it now lapses on August 31, 2011 for lands composed of Part of Lot 17, Concession 3 (Jolis Investments, 19T-88018, west of Woodbine Avenue and north of 16^th Avenue). (13.13)

Letter

CARRIED

10. PROCLAMATIONS

(1) PROCLAMATIONS (3.4)

Info

Moved by Councillor L. Kanapathi

Seconded by Regional Councillor T. Wong

That the following be proclaimed in the Town of Markham:

- Montessori Education Week (February 23 to 27, 2009)

- International Day at the Town Centre Montessori Private School (March 6, 2009)

- Rideshare Week (October 6 to 10, 2008);

And that the Corporate Communications Department be requested to publish the above proclamations in the local newspapers.

CARRIED

11. NEW/OTHER BUSINESS

Council consented to add New/Other Business (2).

(1) RELOCATION OF THE THOMAS BRUELS HOUSE
TO MARKHAM HERITAGE ESTATES
LOT 35, PLAN 65M-2761 OR 2 AILEEN LEWIS COURT
(MARKHAM HERITAGE ESTATES SUBDIVISION) (16.11)

NOTICES OF PROPOSED SALE

TOWN OF MARKHAM

PROPOSED SALE OF SURPLUS REAL PROPERTY

(Pursuant to By-law 178-96)

Moved by Regional Councillor T. Wong

Seconded by Councillor V. Burke

That the notice of the proposed sale for the Town own lands legally described as Lot 35, Plan 65M-2761 or 2 Aileen Lewis Court (Markham Heritage Estates Subdivision) , be confirmed.

(In-Camera Clause 3)

CARRIED

(2) RECOGNITION - VOLUNTEERS APPRECIATION RECEPTION
AND 2008 UNITED WAY FUNDRAISING CAMPAIGN KICK-OFF (12.2.6)

Councillor C. Moretti thanked Regional Councillor G. Landon and all those involved for organizing the Volunteers Appreciation Reception held on September 21, 2008. She also extended congratulations to the Committee Members and all those involved for their efforts in ensuring the successful kick-off of the 2008 Town of Markham United Way Employee Fundraising Campaign held this date.

12. BY-LAWS

Moved by Councillor A. Chiu

Seconded by Councillor V. Burke

That By-laws 2008-206 to 2008-213 be given three readings and enacted.

Three Readings

BY-LAW 2008-206 A by-law to repeal Development Charges By-laws 2004-224, 2004-229, 2004-230, 2004-231, 2004-232, 2004-235, 2004-237, 2004-240, 2004-243, 2004-244, 2004-246 and 2004-248.

(Clause 3, Report No. 41, 2008)

By-law

BY-LAW 2008-207 A by-law to amend Fee By-law 2002-276 (Waterworks Service Fees).

(Clause 5, Report No. 41, 2008)

By-law

BY-LAW 2008-208 A by-law to deem Part of Blocks 2, 3, and 4 on Plan 65M-2843, being Parts 18, 26, and 38 on Reference Plan 65R-22443, (municipally known as 7635 and 7675 with 7677 Markham Road) to no longer be blocks on a registered plan of subdivision, and to allow the construction of a retail building with two units and to create a single parcel of land (U486 Builders Inc. - Metrus Properties).

(Clause 1, Report No. 42, 2008)

By-law

BY-LAW 2008-209 A by-law to authorize the Mayor and Clerk to execute an Agreement of Purchase and Sale between Hala and Steve Palubiski and the Town of Markham (Relocation of Thomas Bruels House).

(In-Camera (3)

By-law

BY-LAW 2008-210 A by-law to appoint by-law enforcement officers for the purpose of acting as Process Servers (Vishneu Ramkaran, Daniel Annis and Greg Linton).

By-law

BY-LAW 2008-211 A by-law to dedicate certain lands as part of the highways of the Town of Markham (Block 396- Lane “R”, Block 397 - Lane “S”, Block 393 - Lane “T”, Block 392 - Lane “U”, Blocks 394 and 395 - Ivy Stone Court, Blocks 391, 398, 399 and 400 - Wild Oak Lane, Plan 65M-3759).

By-law

BY-LAW 2008-212 A by-law to designate part of a certain plan of subdivision not subject to Part Lot Control (Gildview Developments Inc. (Royal Park Homes), Lot 46 and Block 63, Plan 65M-3586, south of Bur Oak Avenue, west of 9^th Line).

By-law

BY-LAW 2008-213 A by-law to designate part of a certain plan of subdivision not subject to Part Lot Control (Mattamy (Wykland) Ltd., Blocks 26 to 37, Plan 65M-4054, south of 16^th Avenue, east of 9^th Line).

By-law

CARRIED

13. IN-CAMERA ITEMS

Council consented to add In-camera Items (5) and (6).

(1) MINUTES OF IN-CAMERA COUNCIL MEETING
- SEPTEMBER 9, 2008 (16.0)

Moved by Regional Councillor J. Jones

Seconded by Regional Councillor G. Landon

That the minutes of the in-camera Council meeting held on September 9, 2008, be confirmed.

CARRIED

REPORT OF DEVELOPMENT SERVICES COMMITTEE - September 16, 2008

(2) JAYSID CONSTRUCTION LTD.
APPEAL OF COMMITTEE OF ADJUSTMENT
DECISION FOR A PROPOSED NIGHTCLUB USE AT
8261 WOODBINE AVENUE (UNITS 8-11) - "CLUB RIO"
COMMITTEE OF ADJUSTMENT FILE NO. A/59/08
LEGAL FILE #08 0409 LG 0207 (8.0)

Moved by Regional Councillor J. Jones

Seconded by Regional Councillor G. Landon

That the report entitled "Jaysid Construction Ltd. Appeal of Committee of Adjustment Decision for a proposed Nightclub use" be received; and,

That the Town Solicitor and Staff be instructed to attend the Ontario Municipal Board (OMB) hearing of the appeal by Jaysid Construction Ltd. of the refusal of the Committee of Adjustment for a minor variance to permit a Nightclub as a permitted use under the by-law definition of "Commercial Club"; and,

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

CARRIED

(3) RELOCATION OF THE THOMAS BRUELS HOUSE
TO MARKHAM HERITAGE ESTATES
FINANCIAL CAPABILITY OF APPLICANT/LOT SELECTION (16.11)

Moved by Regional Councillor J. Jones

Seconded by Regional Councillor G. Landon

That the Development Services Commission report on financial capability of the applicants, Hala and Steve Palubiski to purchase a lot and relocate/restore the Thomas Bruels House at Markham Heritage Estates and lot selection be received; and,

That Lot 35, Plan 65M-2761 or 2 Aileen Lewis Court (Markham Heritage Estates Subdivision) be declared surplus to the Town’s needs and made available for sale to the applicants; and,

That a by-law be enacted authorizing the Mayor and Clerk to execute an Agreement of Purchase and Sale between Hala and Steve Palubiski and the Town of Markham together with the transfer/deed of land and any other documentation required to give effect hereto in a form satisfactory to the Town Solicitor; and,

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

CARRIED

(4) DESIGNATION OF MEMORIAL GARDENS (ONTARIO) LTD.
THE JOHN RAMER HOUSE AND BARN
6278 19^TH AVENUE (16.11.3)

Moved by Regional Councillor J. Jones

Seconded by Regional Councillor G. Landon

That staff be authorized and directed to take all actions necessary with respect to a legal matter related to the designation of the John Ramer House and Barn, 6278 19^th Avenue.

CARRIED

REPORT OF GENERAL COMMITTEE - September 22, 2008

(5) ONTARIO MUNICIPAL BOARD HEARING
COMMITTEE OF ADJUSTMENT
CONSENT AND VARIANCE APPEALS
60 ROUGE STREET (10.12)

Moved by Regional Councillor J. Jones

Seconded by Regional Councillor G. Landon

That staff be directed to attend the Ontario Municipal Board hearing for 60 Rouge Street to support the Committee of Adjustment's refusal of the application and to retain outside experts as appropriate.

CARRIED

(6) ASSIGNMENT OF THE AGREEMENT OF
PURCHASE AND SALE FOR THE
ACQUISITION OF LANDS FOR THE NINTH LINE BYPASS
TO BOX GROVE DEVELOPMENTS INC. (8.2)

Moved by Regional Councillor J. Jones

Seconded by Regional Councillor G. Landon

That the Mayor and Clerk be authorized to execute an assignment of the agreement of purchase and sale between the Town of Markham and Merle Highcock, and any other documents required to give effect hereto, for the acquisition of lands for the Ninth Line Bypass, to Box Grove Developments Inc.

CARRIED

14. CONFIRMATORY BY-LAW

Moved by Councillor A. Chiu

Seconded by Councillor V. Burke

That By-law 2008-214 be given three readings and enacted.

Three Readings

BY-LAW 2008-214 A by-law to confirm the proceedings of the Council meeting of September 23, 2008.
(Council Meeting No. 12, 2008)

By-law

CARRIED

15. ADJOURNMENT

Moved by Councillor A. Chiu

Seconded by Deputy Mayor J. Heath

That the meeting do adjourn.

CARRIED

Council adjourned at 8:00 p.m.

__________________________________ ________________________________

KIMBERLEY KITTERINGHAM FRANK SCARPITTI

TOWN CLERK MAYOR

(Signed)