Meeting No. 15

1) That the report dated October 6, 2009 entitled “Apportionment of Taxes” be received; and,

2) That the policy as outlined in the report regarding the apportionment of taxes be adopted; and further,

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

CARRIED

(4) AWARD OF TENDER 181-R-09
ELECTRICAL FACILITIES
MAINTENANCE FOR TOWN FACILITIES (7.12)

1) That the report entitled “Award of Tender 181-R-09 Electrical Service and Maintenance for Town Facilities” be received; and,

2) That the contract for Tender 181-R-09 Electrical Service and Maintenance for Town Facilities be awarded to the highest ranked bidder, third lowest priced bidder, Kudlak-Baird (1982) Limited, in the estimated amount of $1,063,840.00 over a 4 year period from October 1, 2009 to September 30, 2013; and,

3) That the Director of Asset Management and Manager of Purchasing be authorized to exercise the option to renew contract 181-R-09 after the first year for three year option renewal to be exercised at one year intervals, at a 3% escalation per year (applied to labour only), subject to performance and budget approval; and,

4) That the awards be funded from the various Town Departments Operating and Capital budget accounts on an as required basis; and,

5) That Staff be authorized to amend the award amounts in years 2010-2013 to reflect changes to the various user budget accounts (listed in the financial template) approved by Council during the annual budgeting process; and further,

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

CARRIED

(5) REQUEST FOR PROPOSAL 164-R-09
JANITORIAL SERVICES FOR
VARIOUS LOCATIONS WITHIN THE TOWN (7.12)

1) That the report “Request for Proposal 164-R-09 Janitorial Services for Various Locations within the Town” be received; and,

2) That 164-R-09 for Janitorial Services for Various Locations within the Town be awarded to the second highest ranked and third lowest priced bidder, Arsenal Cleaning Services Ltd. in their proposed amount of $396,151 exclusive of GST for one year, from November 1, 2009 to October 31, 2010; and,

3) That the term of the contract shall be for three years; and,

4) That this project be funded from various Town Department’s Operating Budgets as detailed in appendix A; and further,

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

CARRIED

(6) AWARD OF TENDER 244-T-09 SUPPLY AND
DELIVERY OF SODIUM CHLORIDE
(HIGHWAY COARSE ROCK SALT)
YORK REGION BUYERS COOPERATIVE (T-09-71) (7.12)

Presentation Report Appendix A Update Memo

1) That the report entitled “Award of Tender 244-T-09 Supply and Delivery of Sodium Chloride (Highway Coarse Rock Salt) York Region Buyers Cooperative (T-09-71) ” be received; and,

2) That Tender 244-T-09 Supply and Delivery of Sodium Chloride (Highway Coarse Rock Salt) York Region Buyers Cooperative (T-09-71) be awarded to the lowest priced bidder, Sifto Canada Corp. in their unit price of $73.87 per ton including delivery and inclusive of 8% PST in the estimated annual amount of $995,989.21; and,

3) That the term of the contract shall be for three (3) winter season from October 2009 – April 2012 with the same 2009 itemized unit pricing; and,

4) That the November 1^st – December 31^st 2009 costs, estimated at $236,384.00 be charged to the Operating Account # 700 504 4525 Salt; and,

5) That the 2010-2012 estimated costs provided for within the respective years budget submission for the Operations Department;

a. 2010 $995,989.21

b. 2011 $995,989.21

c. 2012 (Jan 1 – Apr 30) $664,040.03; and,

6) That the 2010-2012 Purchase Orders be adjusted due to growth (increase in kilometres of roadway) based on approved budgets for each year; and further,

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

CARRIED

(7) AUTHORIZATION TO
ATTEND CONFERENCES (16.23.2)

1) That Council authorize Regional Councillor Gord Landon to attend the “Canadian Transportation Demand Management Summit 2009” to be held on November 15 to 18, 2009 in Toronto, and the “Creative Places and Spaces: The Collaborative City” conference, to be held on October 28 to 30, 2009 in Toronto; and

2) That cost of attending the “Canadian Transportation Demand Management Summit 2009” be charged to the appropriate Engineering budget, account # 640 998 5200; and

3) That cost of attending the “Creative Places and Spaces: The Collaborative City” be charged to the appropriate Culture Services budget, account # 560 560 5250.

CARRIED

6(b) REPORT NO. 63 - DEVELOPMENT SERVICES COMMITTEE (Oct. 13, 2009)

Council consented to separate Item No. 1 of Report No. 63.

Moved by Councillor J. Webster

Seconded by Councillor D. Horchik

That Report No. 63 - Development Services Committee comprised of 1 item be received and adopted.

(1) DRAFT REGIONAL OFFICIAL PLAN (10.17)

1) That the presentation by Mr. Jim Robb, Friends of the Rouge Watershed, at the Development Services Committee on October 13, 2009, be received; and,

2) That the presentation provided by Ms. Valerie Shuttleworth, Director of Planning and Urban Design regarding the Comments of the Draft Regional Official Plan, at the Development Services Committee on October 13, 2009, be received; and,

3) That the memorandum dated October 27, 2009 from the Commissioner of Development Services providing information regarding the October 23, 2009 Development Services Committee Workshop be received; and,

4) That the report dated October 13, 2009 to Development Services Committee entitled “Draft York Region Official Plan”, and Appendix ‘A’, as modified through the Development Services Committee Workshop held October 23, 2009, be received and forwarded to the Region as Markham’s response to the Region’s request for input on the draft Regional Official Plan; and,

5) That the policies and mapping related to new communities and any urban expansion (including strategic employment lands) within the Town of Markham contained in the draft Regional Official Plan be deferred until the Town of Markham’s Growth Management Strategy is completed and endorsed by Town Council; and further,

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

CARRIED

(See following resolution which was withdrawn)

Council consented to receive the memorandum dated October 27, 2009 from the Commissioner of Development Services providing information regarding the October 23, 2009 Development Services Committee Workshop as Resolution No. 3.

As modifications to Appendix A (Town Comments and Suggestions on the York Regional Official Plan) were made at the Development Services Committee Workshop held on October 23, 2009, Council consented to withdraw the following proposed resolution:

"1) That the presentation by Mr. Jim Robb, Friends of the Rouge Watershed, at the Development Services Committee on October 13, 2009, be received; and,

2) That the presentation provided by Ms. Valerie Shuttleworth, Director of Planning and Urban Design regarding the Draft Regional Official Plan, at the Development Services Committee on October 13, 2009, be received; and,

3) That the report to Development Services Committee entitled “Draft York Region Official Plan”, be received; and,

4) That Development Services Committee members forward any item(s) to staff that need to be pulled from “Appendix A” for further discussion at the Workshop, by Friday October 16, 2009 and any items not pulled be forwarded to the Region as Markham’s preliminary response to the Region’s request for input on the draft Regional Official Plan; and,

5) That a Special Workshop of the Development Services Committee meeting be held to discuss the “pulled” comments and final comments from the Workshop be provided to the Region as Markham Council comments on the draft Regional Official Plan; and further,

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

6(c) REPORT NO. 64 - DEVELOPMENT SERVICES COMMITTEE (Oct. 20, 2009)

Moved by Councillor J. Webster

Seconded by Councillor D. Horchik

That Report No. 64 - Development Services Committee comprised of 3 items be received and adopted.

(1)        REQUEST FOR SUPPORT FOR THE
            PRESERVATION OF THE ALTONA INN
            COUNCIL FOR THE TOWNSHIP OF UXBRIDGE (16.11)

1) That as recommended by Heritage Markham, the Council for the Town of Markham supports the initiatives being undertaken by the Council of the Township of Uxbridge to protect and preserve the Altona Inn including its designation and its request to Transport Canada to re-direct funding into the repair and restoration of the existing buildings on the Pickering Airport Lands rather than demolishing these local heritage resources; and,

2) That this resolution be forwarded to the Council for the Township of Uxbridge and Transport Canada; and further,

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

CARRIED

(2)        INTENTION TO DESIGNATE UNDER
            PART IV OF THE ONTARIO HERITAGE ACT
            THE JAMES RATTLE HOUSE
            73 OLD KENNEDY ROAD
            EAST SIDE OF OLD KENNEDY ROAD
            NORTH OF STEELES AVENUE
            MAIN STREET MILLIKEN AREA (16.11.3)

1) That as recommended by Heritage Markham, the James Rattle House – 73 Old Kennedy Road be approved for designation under Part IV of the Ontario Heritage Act as a property of cultural heritage value or interest; and,

2) That the Clerk’s Department be authorized to publish and serve Council’s Notice of Intention to Designate as per the requirements of the Ontario Heritage Act; and,

3) That if there are no objections to the designation in accordance with the provisions of the Ontario Heritage Act, the Clerk be authorized to place a designation by-law before Council for adoption; and,

4) That if there are any objections in accordance with the provisions of the Ontario Heritage Act, the Clerk be directed to refer the proposed designation to the Ontario Conservation Review Board; and,

5) That Demolition Permit application 09 123178 000 00 DP requesting the demolition of the house at 73 Old Kennedy Road be refused; and,

6) That Demolition Permit application 09 123178 000 00 DP requesting the demolition of the accessory building at 73 Old Kennedy Road be approved; and further,

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

CARRIED

(3)        LANGSTAFF AREA
            - YORK REGION PLANNING COORDINATION FOR THE
            RICHMOND HILL CENTRE/LANGSTAFF GATEWAY
            REGIONAL CENTRE AND PROVINCIAL URBAN GROWTH CENTRE
            INFORMATION REPORT (10.0)

1) That the report entitled “Langstaff Area - York Region Planning Coordination for the Richmond Hill Centre/Langstaff Gateway Regional Centre and Provincial Urban Growth Centre Information Report” be received; and,

2) That Markham staff continue to work with York Region, Richmond Hill, Vaughan and agency staff through this planning coordination effort; and,

3) That the Development Services Committee recommends that the Heritage Woodlot, Storm Water Pond and 200 Year Old Bur Oak tree be preserved in the Richmond Hill Centre, and that this be forwarded to the Town of Richmond Hill and the Region of York; and,

4) That Markham staff include an update about this coordination effort in subsequent staff reports to Development Services Committee regarding the Langstaff Master Plan and Secondary Plan process; and further;

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

CARRIED

6(d) REPORT NO. 65 - DEVELOPMENT SERVICES PUBLIC MEETING
(October 20, 2009)

Moved by Councillor J. Webster

Seconded by Councillor D. Horchik

That Report No. 65 - Development Services Public Meeting comprised of 1 item be received and adopted.

(1)        PRELIMINARY REPORT: APPLICATIONS BY
            CROWN OF MARKHAM INC. FOR
            ZONING BY-LAW AMENDMENT AND RED-LINE REVISIONS
            TO DRAFT PLAN OF SUBDIVISION 19TM-06003 (NOW 19TM-09003
            CROWN OF MARKHAM PHASE 1), TO PERMIT A REVISED LOT
            PATTERN AND AN INCREASE FROM 119 UNITS (DRAFT APPROVED)
            TO 139 (PROPOSED) RESIDENTIAL UNITS. PART OF LOTS 23 AND 24
            CONCESSION 3, WEST SIDE OF WOODBINE AVENUE, NORTH OF
            MAJOR MACKENZIE DRIVE, WEST CATHEDRAL COMMUNITY
            (ZA 09 116824 AND SU 09 120790) (10.5, 10.6)

Whereas the Rouge Park Implementation Task Force report dated November 25, 2008 was received by Council on December 16, 2008; and,

1) That the Development Services Commission report dated September 22, 2009, entitled “PRELIMINARY REPORT - Applications by Crown of Markham Inc. for Zoning By-law Amendment and Red-Line Revisions to Draft Plan of Subdivision 19TM-06003 (now 19TM-09003 Crown of Markham Phase 1), to permit a revised lot pattern and an increase from 119 units (draft approved) to 139 (proposed) residential units. Part of Lots 23 and 24, Concession 3, West Side of Woodbine Avenue, north of Major Mackenzie Drive, West Cathedral Community, Files ZA 09 116824 and SU 09 120790”, be received; and,

2) That the Record of the Public Meeting held on October 20, 2009, with respect to the applications by Crown of Markham Inc., for Red-line revisions to Draft Plan of Subdivision 19TM-06003 (now 19TM-09003) and Zoning by-law Amendment, be received; and further,

3) That the application by Crown of Markham Inc., for Zoning by-law Amendment be approved and enacted;

4) That revisions to the draft plan be approved by staff when background studies and final review is completed.

CARRIED

6(e) REPORT NO. 66 - DEVELOPMENT SERVICES COMMITTEE (Oct. 27, 2009)

Council consented to add Report No. 66 and to separate Item No. 1 contained therein.

Moved by Deputy Mayor J. Heath

Seconded by Councillor C. Moretti

That Report No. 66 - Development Services Committee comprised of 1 item be received and adopted.

(1)        ROUGE PARK IMPLEMENTATION
            TASK FORCE REPORT – SUMMARY OF COMMENTS
            FROM STAKEHOLDERS (10.0)

Report App A App B App C App D App E App F App G Revised App A

Whereas the staff report entitled “Rouge Park Implementation Task Force Report – Staff Comments” dated February 17, 2009 was received by Council on February 24, 2009; and,

Whereas Council authorized the circulation of the Task Force report, and invited comments from agencies, boards, adjacent municipalities and the Provincial and Federal Governments; and,

Whereas the comments received from agencies, boards, adjacent municipalities, Provincial and Federal Governments along with other stakeholders including residents in the Rouge Park culminated in a Markham workshop held on April 16, 2009; and,

Now therefore be it resolved:

1) That the staff report entitled “Rouge Park Implementation Task Force Report – Summary of Comments from Stakeholders” dated October 20, 2009 be received; and,

2) That the revised Rouge Park Implementation Task Force Recommendations attached as Appendix ‘A’ to this report, as further revised at the October 27, 2009 Development Services Committee meeting, be endorsed by Council as direction for further discussion and negotiation with the Rouge Park Alliance; and,

3) That staff report back to Council with an update on the Little Rouge Creek Management Plan and Bob Hunter Master Plan consistent with the Task Force recommendations; and,

4) That the Town of Markham hold a Public Meeting to discuss the Rouge Park agricultural land and transition plan as soon as possible, and further,

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

CARRIED

Council consented to:

Resolution No. 2

- Add the word "…further…" before the words "… revised at the October 27, 2009…"

Resolution No. 4

- Add the words "…as soon as possible…" after the words "…agricultural land and transition plan…".

7. MOTIONS

There were no motions.

8. NOTICES OF MOTIONS

There were no Notices of Motions.

9. COMMUNICATIONS

Council consented to add Communication No. 58-2009.

Moved by Councillor A. Chiu

Seconded by Councillor V. Burke

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

Referred to all Members of Council

55-2009 Liquor Licence Application - Forwarding a request to complete the Alcohol and Gaming Commission Municipal Information Form for Thera Greek Restaurant Ltd., 4471 Highway No. 7, Unit A (Change of ownership indoor licence for previously licenced areas). (3.21)

Info

56-2009 Liquor Licence Application - Forwarding a request to complete the Alcohol and Gaming Commission Municipal Information Form for Star King Viet Thai Cuisine, 7050 Warden Avenue (Change of ownership indoor and outdoor licence for previously licenced areas). (3.21)

Info

57-2009 G. Day, Planner, Development Services Commission - Providing an update with respect to the zoning by-law amendment application submitted by Majorwood Developments Inc., (West Cathedral Community), Part of Lot 21, Concession 3, north of Major Mackenzie Drive, west of Woodbine Avenue.

(By-law Nos. 2009-154 and 2009-155)

Memo & By-laws

58-2009 Forwarding their objections and comments with respect to the proposed Town Initiated Official Plan Amendment to the Hamlet of Victoria Square, including:

1. Antonio Fedele, letter dated October 25, 2009 (See Presentation No. 3).

2. Michael Davis, letter received on October 26, 2009, 2982 Elgin Mills Road East.

3. Tom Carvelli, letters dated October 21 and 26, 2009, representing the owners of 2972 Elgin Mill Roads East, 10766 Woodbine Avenue, 10768 Woodbine Avenue and 10768A Woodbine Avenue.

4. Massimo Saragosa, letter dated October 21, 2009, 2992 Elgin Mill Road East.

5. Gulnar & Farid Walji, letters dated October 21 and 26, 2009, owners of 2968 Elgin Mills Road East.

6. Sam Rinella, letter dated October 21, 2009, owner of 10738 Woodbine Avenue.

7. Nick Gallo Holding Ltd., letter dated October 21, 2009, owner of 10679 Woodbine Avenue.

8. Clarence & May Vallee, letter dated October 21, 2009, owner of 10732 Woodbine Avenue.

9. George LeDonne and Gel-Don Investments Inc. letter dated October 21, 2009, owner of Lots 1, 2 and 3 Woodbine Avenue and 3009 Elgin Mills Road East.

Letters

(File No. 10.3) (By-laws 2009-152 and 2009-153)

CARRIED

10. PROCLAMATIONS

(1) PROCLAMATIONS (3.4)

Info

Moved by Regional Councillor J. Virgilio

Seconded by Councillor C. Moretti

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

- Islamic History Month (October 2009)

- Community Social Service Workers Appreciation Day (November 6, 2009); and,

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

CARRIED

11. NEW/OTHER BUSINESS

Council consented to separate New/Other Business No. (1) and to add New/Other Business No. (2).

(1)        INTENTION TO DESIGNATE UNDER
            PART IV OF THE ONTARIO HERITAGE ACT
            93 OLD KENNEDY ROAD
            EAST SIDE OF OLD KENNEDY ROAD
            NORTH OF STEELES AVENUE
            LOGOS BAPTIST CHURCH, MILLIKEN (16.11.3)

Report Attachment Deferral Letter Memo

Moved by Councillor A. Chiu

Seconded by Councillor J. Webster

Whereas Mr. Donald Hindson, Cattanach Hindson Sutton VanVeldhuizen, submitted a letter dated October 27, 2009 advising the Logos Baptist Church Milliken amended its demolition permit application to remove the request to demolish the existing main heritage building located at 93 Old Kennedy Road; and;

Whereas Mr. Hindson has requested Council defer consideration of the heritage designation for Logos Baptist Church Milliken, 93 Old Kennedy Road; and,

Whereas the Commissioner of Development Services submitted a memorandum dated October 27, 2009 confirming the revised demolition permit application for 93 Old Kennedy Road is for the accessory buildings only, and does not include the heritage house; and;

Now therefore be it resolved:

1) That the intention to designate the heritage property pursuant to Part IV of the Ontario Heritage Act for Logos Baptist Church Milliken, 93 Old Kennedy Road, not be pursued at this time.

CARRIED

(See following proposed resolution which was not considered)

Council consented to not consider the following resolution:

"1) That as recommended by Heritage Markham, 93 Old Kennedy Road be approved for designation under Part IV of the Ontario Heritage Act as a property of cultural heritage value or interest; and,

2) That the Clerk’s Department be authorized to publish and serve Council’s Notice of Intention to Designate as per the requirements of the Ontario Heritage Act; and,

5) That Demolition Permit application 09 123709 000 00 ND requesting the demolition of the house at 93 Old Kennedy Road be refused; and,

6) That Demolition Permit application 09 123709 000 00 ND requesting the demolition of the accessory buildings at 93 Old Kennedy Road be approved; and further,

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

(2) WE LOVE OUR PETS CALENDAR (12.2.6)

Councillor Burke informed Council of the success of the Animal Care Committee’s “We Love Our Pet” Calendar, which is being sold for $10.00 from her Office and at the Contact Centre. Councillor Burke thanked members of the Animal Care Committee as well as the following staff for their assistant on the project:

- Christy Lehman, Susan McGrath, Bill Wiles and Kimberley Kitteringham.

12. BY-LAWS

Council consented to consider By-laws 2009-152 and 2009-153 immediately followings the delegations regarding the proposed Town Initiated Official Plan Amendment to the Hamlet of Victoria Square.

Moved by Councillor D. Horchik

Seconded by Councillor L. Kanapathi

That By-laws 2009-152 and 2009-153 be given three readings and enacted.

CARRIED

(See following motion which was lost)

Moved by Regional Councillor J. Virgilio

Seconded by Deputy Mayor J. Heath

That passage of By-laws 2009-152 and 2009-153 be deferred for a 4 week period to allow for additional consultation with area residents.

LOST BY A RECORD VOTE (3:6)

(See following recorded vote)

YEAS: Deputy Mayor J. Heath, Regional Councillor J. Virgilio, Councillor C. Moretti. (3)

NAYS: Mayor F. Scarpitti, Councillor V. Burke, Councillor J. Webster, Councillor D. Horchik, Councillor L. Kanapathi, Councillor A. Chiu. (6)

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

Moved by Councillor A. Chiu

Seconded by Councillor L. Kanapathi

That By-laws 2009-154 and 2009-155 be given three readings and enacted.

Three Readings

BY-LAW 2009-152 A by-law to adopt Official Plan Amendment No. 182 (Town Initiated Official Plan Amendment to the Hamlet of Victoria Square Planning District).

(Item No. 2, Report No. 60)

BY-LAW 2009-153 A by-law to amend Site Plan Control By-law 262-94, as amended (Town Initiated Official Plan Amendment to the Hamlet of Victoria Square Planning District).

(Item No. 2, Report No. 60)

BY-LAW 2009-154 A by-law to amend Zoning By-law 304-87, as amended (Majorwood Developments Inc., (West Cathedral Community), Part of Lot 21, Concession 3, north of Major Mackenzie Drive, west of Woodbine Avenue - To delete subject lands from designated area of By-law 304-87, as amended, so that they may be incorporated into By-law 177-96, as amended, to permit the proposed 94 semi detached units and 32 townhouse units).

(Communication No. 57-2009)

BY-LAW 2009-155 A by-law to amend Zoning By-law 177-96, as amended (Majorwood Developments Inc., (West Cathedral Community), Part of Lot 21, Concession 3, north of Major Mackenzie Drive, west of Woodbine Avenue - To permit the proposed 94 semi detached units and 32 townhouse units).

(Communication No. 57-2009)

CARRIED

13. IN-CAMERA ITEMS

Moved by Councillor J. Webster

Seconded by Councillor C. Moretti

That, in accordance with Section 239 of the Municipal Act, Council resolve into an in-camera session to discuss the following matters:

(1) APPEAL OF LAND SEVERANCE
DEMOLITION AND SITE PLAN APPROVAL
TO ONTARIO MUNICIPAL BOARD (OMB)
60 ROUGE STREET, MARKHAM VILLAGE

(2) APPEAL OF MINOR VARIANCE CONDITIONS
(A/11/09 AND A/18/09) TO THE
ONTARIO MUNICIPAL BOARD (OMB)
LOGOS BAPTIST CHURCH
93 AND 133 OLD KENNEDY ROAD

(3) ONTARIO MUNICIPAL BOARD (OMB)
TIMES GROUP INC., SOUTH SIDE OF HIGHWAY 7
EAST OF WARDEN AVENUE

(4) 2015 PAN AM MULTI PARTY AGREEMENT

Moved by Councillor C. Moretti

Seconded by Councillor V. Burke

That Council rise from the in-camera session and reconvene the regular session.

CARRIED

REPORT OF DEVELOPMENT SERVICES COMMITTEE- October 20, 2009

(1) APPEAL OF LAND SEVERANCE
DEMOLITION AND SITE PLAN APPROVAL
TO ONTARIO MUNICIPAL BOARD (OMB)
60 ROUGE STREET, MARKHAM VILLAGE (8.0)

Memo

Moved by Councillor J. Webster

Seconded by Regional Councillor J. Virgilio

1) That the confidential report dated October 20, 2009, entitled “Appeal of Land Severance, Demolition and Site Plan Approval to Ontario Municipal Board (OMB) -60 Rouge Street, Markham Village” be received; and,

2) That the memorandum dated October 27, 2009 from the Commissioner of Development Services summarizing the changes made to the house design for 60 Rouge Street be received; and,

3) That the Town Solicitor be instructed to attend the hearing and take the following action:

a For the land severance appeal, ensure that the conditions of approval recommended by Staff are imposed by the OMB, should the OMB decide to allow the land severance;

b For the appeal of the denial of the demolition permit, to indicate no objection to its issuance;

c For the Site Plan Approval of the proposed new dwelling at 60 Rouge Street, to indicate support subject to the specific heritage related design details (window treatment, siding, veranda details, etc) being reviewed and approved by Heritage Section staff and that the applicant being required to enter into a Residential (Heritage) Site Plan Agreement with the Town and post the standard financial securities to ensure construction as per approved plans and tree preservation; and further,

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

CARRIED

Council consented to receive the memorandum dated October 27, 2009 from the Commissioner of Development Services summarizing the changes made to the house design for 60 Rouge Street, as Resolution No. 2.

(2) APPEAL OF MINOR VARIANCE CONDITIONS
(A/11/09 AND A/18/09) TO THE
ONTARIO MUNICIPAL BOARD (OMB)
LOGOS BAPTIST CHURCH
93 AND 133 OLD KENNEDY ROAD (8.0)

Moved by Councillor A. Chiu

Seconded by Councillor L. Kanapathi

1) That the confidential report dated October 20, 2009, entitled “Appeal of Minor Variance Conditions (A/11/09 and A/18/09) to the Ontario Municipal Board (OMB) – Logos Baptist Church, 93 and 133 Old Kennedy Road” be received; and,

2) That Council instruct the Town Solicitor to attend the OMB hearing to address jurisdictional issues and ensure, if necessary, that conditions of approval of the variance applications as imposed by the Committee of Adjustment are up-held; and further,

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

CARRIED

(3) ONTARIO MUNICIPAL BOARD (OMB)
TIMES GROUP INC., SOUTH SIDE OF HIGHWAY 7
EAST OF WARDEN AVENUE
(SU 07 133313 AND ZA 07 133350) (10.5, 10.7)

Moved by Regional Councillor J. Virgilio

Seconded by Councillor J. Webster

1) That the confidential report dated October 20, 2009 entitled “Appeal of Zoning and Draft Plan of Subdivision applications (ZA 07 133350 and SU 07 133313) Times Group Inc. South side of Highway 7, east of Warden Avenue to the Ontario Municipal Board (OMB) –” be received; and,

2) That the Town Solicitor attend the OMB pre-hearing conference (scheduled for October 21, 2009) to advise the OMB:

a) That the Town seeks full party status in connection with the appeals by Times Group;

b) That a further pre-hearing conference be scheduled in February 2010 to settle a procedural order including an issues list ; and

c) That if the OMB is inclined to schedule a hearing, the hearing be scheduled on or after May 17, 2010; and,

3) That the Town Solicitor be authorized to retain any necessary experts in connection with the OMB appeals by Times Group; and,

4) That any required funding for external experts fees in connection with the OMB appeals be paid from the OMB Growth Related Hearings Account # 10016, subject to authorization by the Chief Administrative Officer and Commissioner of Development Services; and,

5) That Town Staff continue to work with the Applicant and other interested parties to resolve and/or further refine the issues list attached as schedule “A” hereto; and,

6) That Town Staff provide a recommendation report to Development Services Committee no later than February 2010; and further,

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

CARRIED

(4) 2015 PAN AM MULTI PARTY AGREEMENT (6.1)

Moved by Councillor A. Chiu

Seconded by Councillor C. Moretti

1) That the confidential report dated October 27, 2009, titled “PAN AM Multi Party Agreement”, be received; and,

2) That Council continues to support the Town of Markham’s role as venue host, requiring a cash contribution of 44% of capital costs ($52,400,130) to an upset limit of $23,056,057 to facilitate construction of or improvement to facilities associated with 2015 PAN AM Bid Commitments, including a 50 metre competitive pool to host water polo, and updates to an existing community centre to house table tennis; and,

3) That the funding source for 90% of the Town of Markham share of the funding for the construction of the 50 metre pool be provided from Development Charges ($20,524,680) with the remaining balance ($2,531,377) for the 50 metre pool and table tennis/badminton renovations being funded from reserves or other sources; and,

4) That Council authorize the CAO to sign a Multi Party Joinder Agreement on behalf of the Town of Markham, and any other necessary documents, in a form and content satisfactory to the CAO, and Town Solicitor reflecting Council’s previously noted support, subject to adding a clause to ensure that the Town’s contribution is based on actual capital budget expenditures versus inflation induced estimates; and further,

5) That staff be directed to do all things necessary, including the execution of documents, to give effect to this resolution.

CARRIED

14. CONFIRMATORY BY-LAW

Moved by Councillor A. Chiu

Seconded by Councillor J. Webster

That By-law 2009-156 be given three readings and enacted.

Three Readings

BY-LAW 2009-156 A by-law to confirm the proceedings of the Council meeting of October 27, 2009.
(Council Meeting No. 15, 2009)