September 29, 2009

COUNCIL MINUTES Council Chamber, Civic Centre

Meeting No. 13

ROLL CALL

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

ABSENT

Councillor E. Shapero.

STAFF

J. Livey, Chief Administrative Officer

J. Baird, Commissioner of Development Services

B. Librecz, Commissioner of Community and Fire Services

A. Taylor, Commissioner of Corporate Services

C. Conrad, Town Solicitor

B. Cribbett, Treasurer

K. Kitteringham, Town Clerk

J. Wong, Technology Support Specialist

D. Flaherty, Manager, Strategic Communications

A. Tari, Committee Clerk

P. Loukes, Director of Operations

C. Marsales, Manager, Waste Management

The Regular Meeting of Council was held on September 29, 2009 at 7:07 p.m. in the Council Chamber, Civic Centre. Mayor F. Scarpitti presided.

1. DISCLOSURE OF PECUNIARY INTEREST

(1) Regional Councillor Joseph Virgilio disclosed an interest with respect to Item #2, Report No. 57, regarding the Zoning By-law Amendment Application for 1027174 Ontario Ltd. & 1482058 Ontario Ltd., as he represents one of the owners of the subject property and did not take part in the consideration or discussion of or vote on the question of the approval of such matter.

2. MINUTES

(1) COUNCIL MINUTES - SEPTEMBER 15, 2009

Minutes

Moved by Councillor A. Chiu

Seconded by Councillor C. Moretti

That the Minutes of the Council Meeting held on September 15, 2009, be adopted.

CARRIED

3. PRESENTATIONS

Council consented to add Presentations (2) and (3).

(1) ASSOCIATION OF MUNICIPALITIES OF ONTARIO (AMO) AWARDS
- P.J. MARSHALL AWARD CERTIFICATE OF MERIT
- FEDERAL GAS TAX AWARD (12.2.6)

Pat Vanini, Executive Director, Association of Municipalities of Ontario, provided a brief overview of the P.J. Marshall Award Certificate of Merit and Federal Gas Tax Award and presented the Awards to Council.

P.J. Marshall Award Certificate of Merit Award

Mayor F. Scarpitti introduced Erich Genseberger, CEO and Gary Dolson, Director of Public Relations, EcoMedia Direct Inc. and acknowledged their collaborations with the Town of Markham to develop portable Zero Waste recycling units. On behalf of Council, Mayor Scarpitti thanked Council Members, residents and staff for their participation in waste reduction initiatives, including:

- Councillor E. Shapero

- Deputy Mayor J. Heath

- Late Regional Councillor T. Wong

- Regional Councillor G. Landon

- Councillor J. Webster.

The P.J. Marshall Award is an annual competitive process organized by AMO. Awards acknowledge municipalities who have demonstrated leadership and innovation in public-private partnerships. Submissions by Ontario municipalities are judged by a panel on their creativity and success in implementing new, innovative ways of serving the public.

Federal Gas Tax Award

Mayor F. Scarpitti introduced Bruce Ander, President and CEO and Peter Ronson, Vice President of Business Development, Markham District Energy Inc. (MDEI) and acknowledged their efforts in relation to winning the Federal Gas Tax Award. He also thanked Deputy Mayor J. Heath, Chair, MDEI and Councillor D. Horchik, Past Chair, MDEI for their leadership on this matter.

Award winning projects demonstrate excellent use of Federal Gas Tax funding and exemplify its environmental and sustainability objectives. The Federal Gas Tax Fund provides municipalities with long-term, stable and predictable funding for environmentally sustainable infrastructure that helps achieve cleaner water, cleaner air, or reduce greenhouse gas emissions. In Ontario, the Federal Gas Tax Fund commits more than $4.8 billion to Ontario’s communities for sustainable infrastructure between 2005 and 2014.

(2) TROPICAL STORM KETSANA IN PHILIPPINES (12.2.6 & 7.6)

Councillor A. Chiu presented photographs of the devastation caused by Tropical Storm Ketsana which occurred in the Philippines on September 26, 2009.

(See Motion (1) regarding Town’s disaster relief efforts)

(3) PILOT SOLAR THERMAL WATER HEATER PROGRAM (12.2.6)

Mayor F. Scarpitti advised there was a media launch this date regarding the Town of Markham Pilot Solar Thermal Water Heater Program. The program is in collaboration with Enbridge, Bullfrog Power and York University. The goal of the program is to enlist at least 500 Markham residents to engage in a much larger way to provide green energy choices.

4. DELEGATIONS

(1) Dave Gibbons addressed Council regarding Carlton Road and Village Parkway Traffic Calming Project and spoke in support of the proposed recommendation. (5.12)

(Item No. 2, Report No. 56)

(2) Ian Munro addressed Council regarding Carlton Road and Village Parkway Traffic Calming Project and spoke in opposition of the proposed recommendation. (5.12)

(Item No. 2, Report No. 56)

5. PETITIONS

There were no petitions.

6(a) REPORT NO. 54 - GENERAL COMMITTEE (September 14, 2009)

Moved by Regional Councillor J. Virgilio

Seconded by Councillor V. Burke

That Report No. 54 – General Committee comprised of 5 items be received and adopted.

(1) ADVISORY COMMITTEE APPOINTMENTS (16.24)

1) That Mr. Mario Miranda be appointed to the Markham Theatre Advisory Board for the term ending November 30, 2010; and,

2) That the appointment of the following persons to the Information Markham Board of Directors be confirmed for the term ending June 2010:

Mary Grande, President

Keno Chan, 1^st Vice President

Sarah deGuzman, 2^nd Vice President

Annie Leung, Secretary

Chait Panday, Treasurer

Lucas Chang

Nadine Daley

Dineene Griffith

Terri Hilborn

Marc Taheri; and,

3) That the appointment of the following persons to the Markham Mobility Foundation (Markham Transit for the Disabled Charitable Foundation) for the term expiring June 2010 be received:

Jean-Anne Dodge

Enzo Morini, Treasurer

Carole Bell

Ralph Davidson

Rick Dominico

Don Gordon

Thomas (Tom) Gove

Gary Kay

Paul Kay

James Li

Bob Mansour

Tony Masongsong

Bill O’Donnell

Amin Tejari.

CARRIED

(2) BOX GROVE WATER CONNECTION
REIMBURSEMENT (5.3)

Report 1

1) That staff be authorized to reimburse the 27 Box Grove residents on 9^th Line, north of 14^th Avenue who are or will be connected to the water service provided by Minto, whether or not the current owner paid directly for the connection fees; and,

2) That staff be authorized to transfer an additional $2,500 from the Box Grove Community Fund (Capital Budget Account 620 101 5699 6805 – formerly 80 6900 6805 005), for a total of $46,500, to cover the reimbursement of the water connection cost for the 27 identified lots; and further,

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

CARRIED

(3) PROPOSED 2010 BUDGET SCHEDULE (7.4)

Report

1) That the report dated September 14, 2009 entitled “Proposed 2010 Budget Schedule” be received; and,

2) The Operating Budgets for Planning & Design, Engineering and Building Services be reviewed at the October 13^th Development Services Committee meeting; and,

3) That the Waterworks Operating Budget be reviewed at the October 19^th General Committee meeting; and,

4) That the Budget Sub-Committee meetings scheduled for the dates and times below be approved:

Meeting #1 – Monday, October 19^th (1 p.m. to 5 p.m. – Canada Room)

Meeting #2 – Tuesday, October 20^th (1 p.m. to 5 p.m. – Canada Room)

Meeting #3 – Wednesday, October 21^st (9 a.m. to 12:00 p.m. – Canada Room)

Meeting #4 (if required) – Friday, October 23^rd (9 a.m. to 12:00 p.m. – Council Chambers)

5) That the Draft Public Meeting Presentation be presented at the October 26^th General Committee meeting; and,

6) That a public meeting be held on November 4^th to receive public feedback on the 2010 Budget; and,

7) That Councillor requests be forwarded to Andrea Tang by September 25^th for consideration in the 2010 Budget; and further,

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

CARRIED

(4) ESTABLISHMENT OF A SENIORS’
ADVISORY COMMITTEE (16.24)

Report 1

1) That a diverse Seniors’ Advisory Committee to actively engage and increase participation from seniors in Markham be established; and,

2) That opportunities be given to Markham seniors to voice recommendations to Council which will enhance their quality of life; and,

3) That the Seniors’ Advisory Committee be comprised of a total of thirteen members that will also include the appointment of a local Councillor; and further,

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

CARRIED

(5) QUALITY MANAGEMENT SYSTEM (QMS)
OPERATIONAL PLAN
& SYSTEM LEVEL DOCUMENTS
REVISIONS ENDORSEMENT (5.3)

Report 1 2 3 4 5 6 7 8 9 10 11 12 13 14

1) That the report “Quality Management System Operational Plan and System Level Documents Revisions Endorsement” be received; and,

2) That Council, as the Owner of the Town’s Drinking Water System acknowledge and endorse the revisions made to the Town’s Quality Management System Policy, Operational Plan and System Level Documents as the result of the annual document review; and further

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

CARRIED

6(b) REPORT NO. 55 - GENERAL COMMITTEE (September 22, 2009)

Moved by Regional Councillor J. Virgilio

Seconded by Deputy Mayor J. Heath

That Report No. 55 – General Committee comprised of 2 items be received and adopted.

(1) REQUEST FOR REPRESENTATIVES
TO PARTICIPATE ON THE TORONTO AND
REGION CONSERVATION AUTHORITY’S
TRAIL GUIDELINES ADVISORY COMMITTEE (5.7)

Letter

1) That the Letter from the Toronto Region Conservation Authority (TRCA) requesting that Council appoint (1) Council Representative and (1) Staff Representative to TRCA’s Trail Guidelines Advisory Committee, be received; and,

2) That Mr. Lorenzo Mele, Traffic Demand Management Coordinator, be appointed as the Staff Representative to the TRCA’s Trail Guidelines Advisory Committee; and,

3) That Council appoint Regional Councillor Joseph Virgilio to the TRCA’s Trail Guidelines Advisory Committee.

CARRIED

(2) AQUATICS ADVISORY COMMITTEE APPOINTMENTS (16.24)

1) That the following Councillors be appointed to the Aquatics Advisory Committee for the term ending November 30, 2010:

- Deputy Mayor Heath

- Councillor Alex Chiu

CARRIED

6(c) REPORT NO. 56 - DEVELOPMENT SERVICES COMMITTEE (Sept. 15, 2009)

Council consented to separate Item No. 2 regarding Carlton Road and Village Parkway Traffic Calming Project.

Moved by Councillor J. Webster

Seconded by Councillor D. Horchik

That Report No. 56 – Development Services Committee comprised of 3 items be received and adopted, except Item No. 2 (See following Item No. 2).

(1) DON MILLS/LESLIE STREET LRT PROJECT (5.7)

Presentation

1) That the presentation provided by Mr. Scott Thorburn, URS Consultant Ltd., regarding the Don Mills/Leslie Street LRT Project, be received; and,

2) That the Region of York be requested to continue with the Leslie Street LRT Environmental Assessment study and broaden the scope of the study to include other corridors for the extension of the Don Mills LRT (including Woodbine Avenue, Highway 404 corridor to Highway 7); and,

3) That the study also examine new technologies as it relates to LRT; and,

4) That the Region of York examine the possibility of instituting VIVA service within the Leslie Street Corridor, in the interim; and,

5) That the Region of York be requested to hold a Public Meeting to respond to all the questions raised by the community and that representatives from the Town of Markham Council be a part of the meeting (that the calendars be consulted prior to selection of a date for the meeting) and that comprehensive notice be given; and further,

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

CARRIED

(2) CARLTON ROAD AND VILLAGE PARKWAY
TRAFFIC CALMING PROJECT (5.12)

Presentation

1) That the presentation provided by Mr. Alan Brown, Director of Engineering regarding the Carlton Road and Village Parkway Traffic Calming Project, be received; and,

2) That the Phase 2 improvements for Carlton Road from Pennock Crescent (east to McKay Crescent east) – Option 2 with the installation of a stop sign at McKay Crescent (east) and the removal of traffic calming from Pomander Road to Main Street be approved; and,

3) That the cost of such work $50,000 to $80,000 be funded from the Engineering Department Capital Account #083-5350-7660-005; and,

4) That the schedule of By-Law 106-71 for all-way stop and control be amended to include intersection of Carlton Road and McKay Crescent (east leg); and,

5) That the Phase 3 pilot project (McKay Crescent (east leg) to Pomander Road be approved at the cost of $35,000 to be funded from the Engineering Department Capital Account #083-5350-7660-005; and,

6) That staff conduct a survey to proceed with the pilot project at the top of Hemingway to Warden Avenue and if the results are favourable to proceed and be funded from the Engineering Department Capital Account #083-5350-7660-005; and,

7) That staff be authorized to survey the approximate 3,000 residents and businesses who live and/or travel on Carlton Road and Village Parkway as to their preference for the 3 options for Phase 3; and,

8) That Council thank all the members of the Traffic Calming Working Group for their dedicated hard work, including:

- Regional Councillor J. Virgilio, Chair

- Dave Gibbons/Gord Mah, Unionville Ratepayers Association

- Wes Rowe, Unionville Ratepayers Association

- Tracey Mackinnon/Greg McCormick, Unionville BIA

- Ann Laxton, Unionville Villagers Association

- Anthony Martin Hadeed, Public Representative

- Paula Roberts, Public Representative

- Joe Wightman, Public Representative

- Darlene Klemchuck, Observer

- Ian Munroe, Observer

- Connie Pagliaro, Observer

- Sergeant Courtney Chang, District 5 York Regional Police

- Sandra McEleney/Dwight Richardson/Marcia Guthenberg, Cycling & Pedestrian Advisory Ctte.

- Wing Morse, Traffic Safety Committee

- James Flynn/Clayton LaTouche, Principal, William Berczy Public School

- Alan Brown, Director of Engineering

- Munday Iyamu, Traffic Operations

- Judy Kee, Committee Clerk; and further,

9) That staff report back as to the results of the survey and recommendations related to Phase 3.

(By-law 2009-138)

CARRIED AS AMENDED

(See following motion to amend)

(See following recorded vote) (9:1)

Adoption of the proposed motion, as amended

Moved by Councillor J. Webster

Seconded by Councillor D. Horchik

That Item No. 2, Report No. 56, regarding Carlton Road and Village Parkway Traffic Calming Project, as amended, be adopted.

CARRIED

Addition of Resolution No. 8

Moved by Regional Councillor J. Virgilio

Seconded by Regional Councillor J. Jones

That the following be added as Resolution No. 8:

“That Council thank all the members of the Traffic Calming Working Group for their dedicated hard work, including:

- Regional Councillor J. Virgilio, Chair

- Dave Gibbons/Gord Mah, Unionville Ratepayers Association

- Wes Rowe, Unionville Ratepayers Association

- Tracey Mackinnon/Greg McCormick, Unionville BIA

- Ann Laxton, Unionville Villagers Association

- Anthony Martin Hadeed, Public Representative

- Paula Roberts, Public Representative

- Joe Wightman, Public Representative

- Darlene Klemchuck, Observer

- Ian Munroe, Observer

- Connie Pagliaro, Observer

- Sergeant Courtney Chang, District 5 York Regional Police

- Sandra McEleney/Dwight Richardson/Marcia Guthenberg, Cycling & Pedestrian Advisory Ctte.

- Wing Morse, Traffic Safety Committee

- James Flynn/Clayton LaTouche, Principal, William Berczy Public School

- Alan Brown, Director of Engineering

- Munday Iyamu, Traffic Operations

- Judy Kee, Committee Clerk;”

Stop sign at Carlton Road and McKay Crescent (Resolution Nos. 2 and 4)

Council consented to separate the matter regarding the installation of a stop sign at the intersection of Carlton Road and McKay Crescent referenced in Resolution Nos. 2 and 4 for voting purposes as follows:

Moved by Regional Councillor J. Virgilio

Seconded by Councillor C. Moretti

That Council adopt the matter regarding the installation of a stop sign at the intersection of Carlton Road and McKay Crescent (east leg), as referenced in Resolution Nos. 2 and 4 as follows:

Resolution No. 2

"…the installation of a stop sign at McKay Crescent (east)and the removal of traffic calming from Pomander Road to Main Street be approved;"

Resolution No. 4

"That the schedule of By-Law 106-71 for all-way stop and control be amended to include intersection of Carlton Road and McKay Crescent (east leg);"

CARRIED BY A RECORDED VOTE (9:1)

(See following recorded vote)

YEAS: Mayor F. Scarpitti, Deputy Mayor J. Heath, Regional Councillor J. Jones, Regional Councillor G. Landon, Regional Councillor J. Virgilio, Councillor V. Burke, Councillor C. Moretti, Councillor J. Webster, Councillor L. Kanapathi. (9)

NAYS: Councillor D. Horchik. (1)

ABSENT: Councillor E. Shapero, Councillor A. Chiu. (2)

(3) DON MILLS CHANNEL CAPACITY STUDY (5.7)

Presentation

1) That the presentation provided by Mr. Soran Sito, Senior Environmental Engineer regarding the Don Mills Channel Capacity Study, be received; and,

2) That Option 1 as presented (culvert enlargement, maintenance) to provide the 2 year level of service and to accelerate the completion of the Storm Water Management Utility study be approved; and further,

3) That staff conduct an outreach to the Business Community.

CARRIED

6(d) REPORT NO. 57 - DEVELOPMENT SERVICES COMMITTEE (Sept. 22, 2009)

Moved by Councillor J. Webster

Seconded by Councillor D. Horchik

That Report No. 57 – Development Services Committee comprised of 2 items be received and adopted.

(1) EMPLOYMENT AREA INTENSIFICATION STUDY
– TERMS OF REFERENCE (10.0)

Report Attachment

1) That the report entitled “Employment Area Intensification Study - Terms of Reference” be received; and,

2) That Development Services Committee approve the Terms of Reference, as amended as per discussion at the September 22, 2009 Development Service Committee meeting; and,

3) That a new project be created for the Employment Area Intensification Study to be funded from Project 9079 “Growth Management Strategy – Employment Lands – Phase 2” in the amount of $80,000 (exclusive of GST); and further,

4) That Staff be authorized and directed to do all things necessary to give effect to these resolutions.

CARRIED

(2) 1027174 ONTARIO LTD. & 1482058 ONTARIO LTD
APPLICATION FOR ZONING BY-LAW AMENDMENT
TO PERMIT LOCAL COMMERCIAL USES ON LANDS
AT THE SOUTHEAST CORNER OF MAJOR MACKENZIE DRIVE
AND DONALD COUSENS PARKWAY WITHIN THE
GREENSBOROUGH SECONDARY PLAN AREA
(ZA 07 109982) (10.5)

Report Attachment

1) That the report entitled “Recommendation Report, 1027174 Ontario Ltd. & 1482058 Ontario Ltd., Application for Zoning By-law Amendment to permit local commercial uses on lands at the southeast corner of Major Mackenzie Drive and Donald Cousens Parkway within the Greensborough Secondary Plan area, File No.: ZA 07 109982”, dated September 8, 2009 be received; and,

2) That the application submitted by 1027174 Ontario Ltd. & 1482058 Ontario Ltd. to amend Zoning By-laws 304-87 and 177-76, as amended, be approved, except for the request for permission for drive-throughs for all uses, and the draft by-laws attached as Appendices ‘A’ and ‘B’, be finalized and enacted without further notice; and further,

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

CARRIED

(Regional Councillor J. Virgilio abstained)

(See Motion 5 regarding the reconsideration of this item)

7. MOTIONS

Council consented to add Motions (1) to (5).

(1) TROPICAL STORM KETSANA IN PHILIPPINES
DISASTER RELIEF EFFORTS (12.2.6 & 7.6)

Moved by Councillor A. Chiu

Seconded by Regional Councillor G. Landon

Whereas a devastating fold from Tropical Storm Ketsana occurred in the Philippines on September 26, 2009; and,

Whereas the fold has resulted in death tolls of over 200 and nearly 400,000 people are living temporary relief shelters; and,

Whereas a large number of Markham residents have family, friends or colleagues in the Philippines;

Now therefore be it resolved:

1) That the Town of Markham offer its deepest condolences to the citizens of the Philippines; and

2) That a grant in the amount of $7,500 be provided to the Philippines to assist with disaster relief efforts; and,

3) That such grant be directed through a recognized agency; and,

4) That staff of the Markham Fire and Emergency Services Department make arrangements to accept donation of new and used clothing at the Markham Fire Stations; and,

5) That staff of the Town of Markham be provided an opportunity to provide financial donations.

CARRIED

(See following motion to introduce the proposed motion)

Moved by Councillor C. Moretti

Seconded by Deputy Mayor J. Heath

That Council consent to the introduction of a Motion No. (1) with respect to the Philippines disaster relief efforts.

CARRIED

(2/3 VOTE WAS REQUESTED & OBTAINED)

(2) PROCESS TO BUILD THE YONGE SUBWAY
EXTENSION USING ALTERNATIVE FINANCING
OVER A 50 YEAR TIME HORIZON (5.10)

Moved by Regional Councillor J. Jones

Seconded by Deputy Mayor J. Heath

Whereas on June 15^th 2007, the Honourable Dalton McGuinty Premier of the Province of Ontario and the Honourable Donna Cansfield then Minister of Transportation made a joint announcement “Move Ontario 2020”; and,

Whereas this joint announcement stated “The Ontario Government is launching a multi-year $17.5 million rapid transit action plan for the Greater Toronto Area and Hamilton that will deliver jobs and investment by reducing congestion”; and,

Whereas the Premier also stated “Tackling gridlock is one of the most important things we can do to build a strong and prosperous economy” and “Building a modern rapid transit system that moves people and goods quickly and efficiently will ensure we can attract and keep thousands of good high-paying jobs”; and,

Whereas the Premier also stated “The time to make this sort of ambitious but realistic investment is now. Our economy demands it”; and,

Whereas the Premier went on to say “What is more, our families deserve it, because gridlock not only saps strength out of our economy, it steals time from our families”; and,

Whereas the projects listed as priorities in the Premier’s announcement included the extension of the “Yonge Subway line to Highway 7”, “Expanded express bus service across Highway 407” and Toronto’s Transit City vision for light rail across the city; and,

Whereas Transportation Minister Donna Cansfield said the projects will be built over the next 12 years and financed over 50 years; and,

Whereas the Premier stated that “The GTA is one of the fastest growing regions in North America, increasing its population by approximately 100,000 people – and 50,000 cars – every year. Commuting in the GTA currently takes 32 per cent longer than it would in free-flowing conditions. The economic cost of congestion in the GTA is 6 billion per years, this will rise to $15 billion in 12-15 years if action is not taken now”; and,

Whereas recent transit initiative announcements by the Premier go a long way to achieving the “Move Ontario 2020” vision; and,

Whereas the Region of York immediately after the June 15^th 2007 “Move Ontario 2020” announcement began the Environment Assessment for the Yonge Subway Extension at its cost to assist the Province in meeting its defined needs; and,

Whereas the Minister of the Environment has approved the Environment Assessment, leaving the Subway extension virtually shovel-ready; and,

Whereas the Town of Markham has completed a Transit Oriented Secondary Plan calling for in excess of 1,000 people and jobs per hectare (15,000 dwelling units and 20,000 full time jobs on 45 hectares) and the Town of Richmond is completing a Secondary Plans for a major Transit Oriented Development, both at the Richmond Hill/Langstaff Gateway; and,

Whereas a platform capacity problem has been identified at the Bloor Yonge Subway Stations and whereas the large building slated for development on the Southeast Corner of Yonge and Bloor has been put on hold, this would be an ideal time to begin construction to expand the capacity of the stations; and,

Whereas the funding to VIVA for Yonge Street and Highway 7 Bus Rapid Transit is appreciated, there is the one noticeable gap, being the Yonge Street Subway extension, which leaves buses in mixed traffic and gridlock from Highway 7 to Finch Ave; and,

Whereas the Province of Ontario is in a position that is not equal in many places in the world that is to have a made in Ontario Subway Solution: the tunnel boring machine, the rails, and subway cars are made in Ontario, the funding can be from Ontario sources and the leading engineers for subways are Ontario engineers, Ontario architects can design all stations and this province has some of the best contractors in the world;

Now therefore be it resolved:

1) That the Honourable Dalton McGuinty, Premier of Ontario be requested to initiate the public process to implement the alternate financing method for the immediate Finance, Design, Build for the Yonge Subway Extension and the Yonge Bloor platform modification project and implement value engineering to study cost reductions; and,

2) That the environmental assessment be modified to leave the subway alignment on Yonge Street at Richmond Hill Centre; and that consideration be given to a 1.0 kilometre extension to 16^th Avenue and Yonge Street.

DEFERRED TO THE NOVEMBER 3, 2009

DEVELOPMENT SERVICES COMMITTEE MEETING

(See following motion to defer the proposed motion)

(See following motion to introduce the proposed motion)

Motion to defer the proposed motion

Moved by Councillor D. Horchik

Seconded by Councillor C. Moretti

That Motion (2) with respect to requesting the Province to initiate the process to build the Yonge Subway extension using alternative financing over a 50 year time horizon be deferred to the November 3, 2009 Development Services Committee meeting.

CARRIED

Consent of Council to introduce the proposed motion

Moved by Councillor D. Horchik

Seconded by Councillor C. Moretti

That Council consent to the introduction of Motion (2) with respect to requesting the Province to initiate the process to build the Yonge Subway extension using alternative financing over a 50 year time horizon.

CARRIED

(2/3 VOTE WAS REQUESTED & OBTAINED)

(3) WORLD CLASS TRANSPORTATION AND ECONOMIC
EXPERTS TO DETERMINE THE BEST HIGH-SPEED
TECHNOLOGY TO BE USED FOR THE 407 TRANSITWAY (5.10)

Moved by Regional Councillor J. Jones

Seconded by Deputy Mayor J. Heath

1) That the Premier create a panel of world class transportation and economic experts to determine the best High-Speed Technology to be used for the 407 Transitway (i.e Iron Wheel or MegLev etc); and,

2) That the Expert Panel prepare a methodology for Expressions of Interest to Design, Build, Finance, Administrate and Operate the 407 Transitway for 50 years horizon and beyond; and,

3) That the Expression of Interest includes consideration of:

- Design of the 407 Transitway for maximum speed and efficiency.

- Options that could include an elevated track.

- Station locations that generally be not less than 4 kilometres apart.

- Major anchor hubs that incorporate Transit Oriented Development.

- That the railbed be as direct as possible and not incorporate Texas T’s.

- That the railbed shall be environmentally friendly and practical.

- The 407 Transitway being the highest order of transit and generally remain in the 407 right-of-way.

- electrified transit rail (renewable energy based).

- The 407 Transitway Design options integrate with the Windsor/Montreal high-speed train; and,

4) That the Environment assessment should be based on a transit solution that extends 50 years and beyond; and,

5) That an initial transitway line be installed between Cornell/Markham and Highway 403/407. (This corridor crosses seven GO-Transit lines, three light rail lines (LRT) and two subway lines); and further,

6) That the Honourable Dalton McGuinty, Premier of Ontario be requested to initiate a process to expedite the planning, design, implementation and construction of the 407 Transitway, which is the most strategic transit infrastructure joining all communities in the GTA mega-region. This will give access to the 100s of thousands of jobs and residences in the 407 corridor.

DEFERRED TO THE NOVEMBER 3, 2009

DEVELOPMENT SERVICES COMMITTEE MEETING

(See following motion to defer the proposed motion)

(See following motion to introduce the proposed motion)

Motion to defer the proposed motion

Moved by Councillor D. Horchik

Seconded by Councillor C. Moretti

That Motion (3) with respect to requesting the Province to create a panel of world class transportation and economic experts to determine the best High-Speed Technology to be used for the 407 transitway be deferred to the November 3, 2009 Development Services Committee meeting.

CARRIED

Consent of Council to introduce the proposed motion

Moved by Councillor D. Horchik

Seconded by Councillor C. Moretti

That Council consent to the introduction of Motion (3) with respect to requesting the Province to create a panel of world class transportation and economic experts to determine the best High-Speed Technology to be used for the 407 transitway.

CARRIED

(2/3 VOTE WAS REQUESTED & OBTAINED)

(4) TRANSIT ORIENTED DEVELOPMENT (TOD)
STUDY ALONG THE 407 CORRIDOR FOR THE
PURPOSE OF IDENTIFYING THE
REAL DEVELOPMENT POTENTIAL (5.10)

Moved by Regional Councillor J. Jones

Seconded by Deputy Mayor J. Heath

1) That the Government of Ontario through the Growth Secretariat undertake a comprehensive Transit Oriented Development (TOD) study along the 407 corridor for the purpose of identifying the real development potential, to optimize transit ridership and based on the best high-speed rail transit network solutions (Utilizing a 50 year horizon and beyond); and,

2) That the study be undertaken by an world-class expert team selected by the province and,

3) That the study include the following:

- All planned 407 Rail Transit Stops.

- All GO-Transit stops upstream and downstream from the 407 Transitway

- All Light Rail Transit (LRT) lines that cross the 407 Transitway and include all their upstream and downstream station stops.

- All Subway extensions that cross the 407 Transitway and include all planned station stops.

- Transit Oriented Development potential within walking radius of each station and of each feeder station; and,

4) That the study be based on the development potential for the 407 corridor for a 50 year time horizon and beyond and not the current 20 year community plans; and further,

5) That the Honourable Dalton McGuinty, Premier of Ontario be requested to immediately commence and complete the 407 Corridor Transit Orientated Development Study.

DEFERRED TO THE NOVEMBER 3, 2009

DEVELOPMENT SERVICES COMMITTEE MEETING

(See following motion to defer the proposed motion)

(See following motion to introduce the proposed motion)

Motion to defer the proposed motion

Moved by Councillor D. Horchik

Seconded by Councillor C. Moretti

That Motion (4) with respect to requesting the Province to undertake a comprehensive Transit Oriented Development (TOD) study along the 407 corridor be deferred to the November 3, 2009 Development Services Committee meeting.

CARRIED

Consent of Council to introduce the proposed motion

Moved by Councillor D. Horchik

Seconded by Councillor C. Moretti

That Council consent to the introduction of Motion (4) with respect to requesting the Province to undertake a comprehensive Transit Oriented Development (TOD) study along the 407 corridor.

CARRIED

(2/3 VOTE WAS REQUESTED & OBTAINED)

(5) RE-CONSIDERATION OF
ZONING BY-LAW AMENDMENT APPLICATION FOR
1027174 ONTARIO LTD. & 1482058 ONTARIO LTD (16.23 & 10.5)

Moved by Councillor J. Webster

Seconded by Councillor D. Horchik

That Council consent to the request to re-consider Item #2, Report No. 57, regarding the Zoning By-law Amendment Application for 1027174 Ontario Ltd. & 1482058 Ontario Ltd., to allow an opportunity for Regional Councillor J. Virgilio to disclose an interest on the application.

CARRIED

(2/3 VOTE WAS REQUESTED & OBTAINED)

8. NOTICES OF MOTIONS

There were no notices of motions.

9. COMMUNICATIONS

Moved by Deputy Mayor J. Heath

Seconded by Regional Councillor J. Jones

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

Referred to all Members of Council

52-2009 Markham District Veterans Association - Forwarding a request to hold their annual Remembrance Day Parade and Ceremony on November 7, 2009 between the hours of 10:30 a.m. and 11:30 a.m. and to hold their Poppy Campaign from October 30 to November 11, 2009. (3.5.6)

Letter

CARRIED

10. PROCLAMATIONS

(1) PROCLAMATIONS (3.4)

Info

Moved by Regional Councillor G. Landon

Seconded by Regional Councillor J. Virgilio

1) That the following be proclaimed in the Town of Markham:

- German Pioneers Day (October 13, 2009)

- Child Care Worker & Early Childhood Educator Appreciation Day (October 21, 2009)

- Crohn’s and Colitis Awareness Month (November 2009); and,

2) That the Communications and Community Relations Department be requested to publish the above proclamations in the local newspapers.

CARRIED

(2) MENTAL ILLNESS AWARENESS WEEK (3.4)

Moved by Regional Councillor G. Landon

Seconded by Regional Councillor J. Virgilio

Whereas the Lions 5k Walk, a joint initiative of Social Services Network (SSN) and Milliken Mills Lions Club (MMLC), will be held on Sunday, October 4, 2009 at the Markham Civic Centre; and,

Whereas the goal of the walk is to support mental health awareness;

Now therefore be it resolved:

1) That Council proclaim the first week of October as “Mental Illness Awareness Week” in the Town of Markham; and,

2) That the Communications and Community Relations Department be requested to publish this proclamation in the local newspapers.

CARRIED

11. NEW/OTHER BUSINESS

(1) RECOGNITION OF CLERK'S DEPARTMENT STAFF
REGARDING COUNCILLOR VACANCY
APPOINTMENT PROCESS (12.2.6)

Council recognized the Town Clerk and her staff for the level of detail and preparedness regarding the Councillor Vacancy Appointment Process occurred at the Council meeting held on September 15, 2009.

12. BY-LAWS

Moved by Regional Councillor J. Jones

Seconded by Regional Councillor J. Virgilio

That By-laws 2009-138 to 2009-143 be given three readings and enacted.

Three Readings

BY-LAW 2009-138 A by-law amend Traffic By-law 106-71 (All-way stop at Carlton Road and McKay Crescent).

(Item No. 2, Report No. 56)

BY-LAW 2009-139 A by-law to dedicate certain lands as part of the highways of the Town of Markham (Block 65, Plan 65M-3908 and Block 378, Plan 65M-3838 - Copper Creek Drive).

BY-LAW 2009-140 A by-law to dedicate certain lands as part of the highways of the Town of Markham (Part of Block 3, Plan 65M-2505, designated as Part 6, Plan 65R-26137 and Part of Block 4, Plan 65M-2505, designated as Part 7, Plan 65R-26137 – Castlemore Avenue).

BY-LAW 2009-141 A by-law to dedicate certain lands as part of the highways of the Town of Markham (Part of Lot 16, Concession 3, designated as Part 1, Plan 65R-29263 – Markland Street).

BY-LAW 2009-142 A by-law to designate part of a certain plan of subdivision not subject to Part Lot Control (Monarch Corporation, north of Major Mackenzie Drive, west of Woodbine Avenue, Lots 70, 73 and 115 and Blocks 149 to 155, Plan 65M-4050).

BY-LAW 2009-143 A by-law to amend Zoning By-law 177-96, as amended (Kylemore Post Road Limited (Village Grocer), 1 Yorkton Boulevard (previously 4476 16th Avenue - To remove (H) Hold provision permitting the construction of a supermarket with business offices on the second floor).

CARRIED

13. IN-CAMERA ITEMS

Council considered In-Camera Item (1) during the regular portion of the meeting and did not go into in-camera session.

REPORT OF GENERAL COMMITTEE (September 22, 2009)

(1) PROPERTIES READY FOR TAX SALE
REGISTRATION AND TAX SALE (7.1)

Moved by Deputy Mayor J. Heath

Seconded by Councillor C. Moretti

1) That the confidential report entitled “Properties Ready for Tax Sale Registration and Tax Sale”, be received; and,

2) That the Treasurer commences the registration process under Section 373 of the Municipal Act, 2001 for the subject properties listed in Appendix “A” to this report; and,

3) That staff be authorized to proceed as directed with respect to this matter.

CARRIED

14. CONFIRMATORY BY-LAW

Moved by Councillor L. Kanapathi

Seconded by Councillor C. Moretti

That By-law 2009-144 be given three readings and enacted.

Three Readings

BY-LAW 2009-144 A by-law to confirm the proceedings of the Council meeting of September 29, 2009.
(Council Meeting No. 13, 2009)

CARRIED

15. ADJOURNMENT

Moved by Councillor D. Horchik

Seconded by Councillor C. Moretti

That the meeting do adjourn.

CARRIED

Council adjourned at 8:15 p.m.

___________________________________ _____________________________________

KIMBERLEY KITTERINGHAM FRANK SCARPITTI

TOWN CLERK MAYOR

(Signed)