Meeting No. 17

1) That the report dated November 9, 2009 entitled “Proposed 2010 Water/Wastewater Rate Increase” be received; and,

2) That the Minutes of the Public Meeting held on October 27, 2009, with respect to the proposed 2010 Water/Wastewater Rate Increase be received; and,

3) That the 2010 Town of Markham’s (“Town”) Water/Wastewater rate increase be equivalent to the Region of York’s (“Region”) monetary increase of $0.1229 per cubic metre (m³) based on Region’s estimated increase of 10%; and,

4) That in addition to the Region’s increase, the 2010 Water/Wastewater rate increase includes the third year of the approved 10 year phase-in of the Water/Wastewater Infrastructure Surcharge of $0.0457/m³; and,

5) That an additional surcharge of $0.0401/m³ be approved to account for changes in policy and assumptions; and,

6) That effective April 1, 2010, the 2010 Water/Wastewater rate will be $2.2129/m³, an increase of $0.2087/m³; and further,

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

(By-law 2009-166)

CARRIED

6(b) REPORT NO. 72 - GENERAL COMMITTEE (November 16, 2009)

Council consented to separate Item Nos. (1) and (6).

Moved by Regional Councillor J. Virgilio

Seconded by Councillor L. Kanapathi

That Report No. 72 - General Committee comprised of 10 items be received and adopted, except Item No. 1. (See following Item Nos. 1 and 6)

(1) 2010 COUNCIL & COMMITTEE
MEETING SCHEDULE (16.23)

Schedule

1) That the 2010 Council & Committee Meeting Schedule be approved; and,

2) That the Town Clerk bring back a revised meeting schedule to Council once Bill 212 has been passed by the Province.

CARRIED

Council consented to add the following as Resolution No. 2:

"2) That the Town Clerk bring back a revised meeting schedule to Council once Bill 212 has been passed by the Province."

(2) ADVISORY COMMITTEE RESIGNATION (16.24)

1) That the resignation of Ms. Rochelle Bowmile from the Markham Race Relations Committee be received with regret; and,

2) That the vacancy be filled.

CARRIED

(3) TOWN OF MARKHAM
INVESTMENT INTEREST
ALLOCATION POLICY (7.0)

1) That the report dated October 5, 2009 entitled “Town of Markham Investment Interest Allocation Policy” be received and adopted by the Town; and,

2) That a Capital Gains Reserve be established and funded though surpluses in the Capital Gains account; and further,

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

CARRIED

(4) TAX WRITE-OFFS IN
ACCORDANCE WITH SECTION
354 OF THE MUNICIPAL ACT, 2001 (7.3)

1) That taxes totalling $171,418.69 (includes penalty and interest estimated in the amount of $19,519.19) as set out in this report be written off pursuant to the provisions of Section 354 of the Municipal Act, 2001, of which the Town’s portion is $38,153.50; and,

2) That the applicable penalty and/or interest charges be adjusted accordingly; and,

3) That the Treasurer be directed to remove the taxes from the Collector’s Roll; and further,

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

CARRIED

(5) NOVEMBER 2009 -
CANCELLATION, REDUCTION
OR REFUND OF TAXES UNDER
SECTIONS 357 AND 358 OF THE
MUNICIPAL ACT, 2001 (7.3)

1) That taxes totalling approximately $350,511.26 be adjusted under Section 357 (in the amount of $248,858.64) and Section 358 (in the amount of $101,652.62) of the Municipal Act, 2001 of which the Town’s portion is estimated to be $61,473.78; and,

2) That the associated interest be cancelled in proportion to the tax adjustments; and,

3) That the Treasurer be directed to adjust the Collector’s Roll accordingly; and further,

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

CARRIED

(6) SPONSORSHIP MARKETING (12.2)

Report 1 Memo

1) That the tendering process be waived in accordance with Purchasing By-Law 2004-341, as amended, Part II, Section 7 Non-Competitive Procurement, item 1 (c) when the extension of an existing contract would prove more cost-effective or beneficial; and,

2) That the memorandum dated November 24, 2009 from the Director, Communications and Community Relations providing an update with respect to this matter be received; and,

3) That the following clauses be approved:

"That contract 2005-I-08 awarded to Wakeham & Associates Sponsorship Marketing Inc. be extended to undertake the development and negotiation of sponsorship opportunities for the Town of Markham at a cost of $7,500 per month for 6 months plus commissions, as follows:

a. 15% commission on cash and in-kind sponsorships would be payable on the Town’s receipt of cash or in-kind materials or services.

b. 12.5% commission on successful referrals from the Town of Markham

c. For “properties” valued in excess of $1 million, Wakeham & Associates would receive 10% on the first $500,000; 12.5% on the next $500,000; 15% on the next $500,000 and 17.5% on anything over $1.5 million.

That the sponsorship opportunities to be pursued include interior and, where appropriate, exterior venue naming; official “category” sponsorships and; presenting sponsors for key Town events and/or programs; and,

That any potential sponsors complement the values and goals of the Town of Markham and that any potential naming agreements are sensitive to Markham’s heritage, history, traditions and to the Markham brand; and,

That potential sponsor contracts will be reported to Council for approval for the first 6 months; and,

That following the first 6 months, staff develop a policy for Council approval, which sets out delegated approval authority levels to staff for sponsorship opportunities; and further,

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

CARRIED

Council consented to receive the memorandum dated November 24, 2009 from the Director, from the Director, Communications and Community Relations providing an update regarding Sponsorship Marketing, as Resolution No. 2.

Council also consented to remove the words "… in principle subject to staff providing requested information to Council", after the words "…be approved…" in Resolution No. 3.

(7) APPOINTMENT OF MEMBERS
TO THE MAYOR’S YOUTH TASK FORCE
FOR THE PERIOD SEPTEMBER 1, 2009 – JUNE 30, 2010 (16.24)

1) That the following appointments to the Mayor’s Youth Task Force be confirmed for the term September 1, 2009 to June 30, 2010:

MARKHAM	R Joey Loi (Co -Chair)	High School	10
	Carmen Chen	High School	9
	Guruparan Bagawan	High School	10
	R Yanbo Guo (Co-Chair)	High School	12
	Sapna Shah	High School	12
	Damilola Dina	High School	11

UNIONVILLE	Adrian Proestos	High School	10
	R Maha Naqi	High School	11
	RChristine Hui	High School	9
	R Lavania Hui	High School	11
	RJimmy Yuen	High School	12
	RTommy Yen	High School	12
	Janice Chu	High School	9
	Sharon Yau	High School	11
MILLIKEN	R Janelle Valestero	High School	12
	R Samantha Soto	High School	12
	Alice Wang	Elementary School	8
	Emily Do	Elementary School	8

THORNHILL	R Melissa Huang	High School	12
	R Kevin Jen	High School	9
	April Bansil	High School	10

CARRIED

(8) 2009 QUALITY MANAGEMENT SYSTEM
MANAGEMENT REVIEW OUTCOMES (3.0)

1) That the report “2009 Quality Management System Management Review Outcomes” be received; and,

2) That Council, as the Owner of the Town’s drinking water system, acknowledge and support the outcomes and action items identified from the 2009 Management Review meeting; and,

3) That Council, as the Owner of the Town’s drinking water system, is informed that the Town has received the new Municipal Drinking Water License (MDWL) and the new Drinking Water Works Permit (DWWP) from the Ministry of Environment (MOE), which replaced the MOE Certificate of Authorization for the Town’s Drinking Water System; and further,

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

CARRIED

(9) ANGUS GLEN INDOOR TENNIS STRUCTURE
(RInC Fund) UPDATE (6.0)

1) That the report entitled “Angus Glen Indoor Tennis Structure (RInC Fund) Update” be received; and,

2) That the conceptual site plan as presented herein for the Angus Glen Tennis Structure and parking lot be approved in principle; and,

3) That staff proceed with further detailed design work, preparation of working drawings, tendering, and tender award as required to insure that construction of this facility commences as soon as possible; and,

4) That the tendering process be waived in accordance with Purchasing By-Law 2004-341, Part II, Section 7, 1(b), Non Competitive Procurement, where there is only one source of supply for the goods to be purchased, and that Council authorize staff to negotiate a contract for the supply and installation of a tension frame structure from Cover-All Building Systems to an upset amount of $750,000, including all mechanical and electrical works; and,

5) That staff seek confirmation from the Recreational Infrastructure Canada (RinC) Program to waive the requirement for a competitive process where the equipment, services or supplies that are to be purchased is specialized or not readily available; and further,

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

CARRIED

(10) MAIN STREET MARKHAM
PERMANENT WASHROOMS
– STORAGE FACILITY (11.2)

Report Map

1) That the report titled “Main St. Markham Permanent Washrooms – Storage Facility” be received; and,

2) That Council approves the construction of a 300 square ft storage facility attached to the washrooms; and,

3) That funding for the entire project come from the 2010 submitted capital budget request, in the amount of $300,000; and,

4) That the Mayor and Clerk be authorized to execute a 21 year less one day lease agreement with the Main St. Markham BIA under the terms and conditions contained in this report, including a rental rate of $350.00 per month plus G.S.T, said agreement to be in a form and content satisfactory to the Chief Administrative Officer and the Town Solicitor; and,

5) That the lease revenue be built into the Asset Management Operating Budget and on an annual basis, transferred into the Lifecycle reserve for capital and lifecycle costs repayment; and further,

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

CARRIED

6(c) REPORT NO. 73 - DEVELOPMENT SERVICES COMMITTEE
(November 17, 2009)

Council consented to separate Item Nos. 3, 4 and 5.

Moved by Councillor D. Horchik

Seconded by Councillor E. Shapero

That Report No. 73 - Development Services committee comprised of 6 items be received and adopted, except Item Nos. 3, 4 and 5. (See following Item Nos. 3, 4 and 5)

(1)        INTENTION TO DESIGNATE UNDER
            PART IV OF THE ONTARIO HERITAGE ACT
            AND HERITAGE EASEMENT AGREEMENTS
            NICHOLS FARMHOUSE & LOUIS NICHOLS HOUSE
            10519 & 10521 WOODBINE AVENUE
            EMK CONSTRUCTION/TREELAWN CONSTRUCTION (16.11)

1) That as recommended by Heritage Markham, the Nichols Farmhouse and the Louis Nichols House – 10519 and 10521 Woodbine Avenue be approved for designation under Part IV of the Ontario Heritage Act as properties 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 the Mayor and Clerk be authorized to enter into Heritage Conservations Easements with the property owner for 10519 and 10521 Woodbine Avenue; and further,

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

(By-law 2009-167)

CARRIED

(2) HERITAGE EASEMENT AGREEMENTS FOR
HERITAGE PROPERTY TAX REDUCTION PROGRAM (16.11)

Council Presentation Memo Map Report Appendix A Appendix B

1) That the Mayor and Clerk be authorized to execute Heritage Easement Agreements with the property owners identified on Schedule “A” attached to the report dated November 17th, 2009, and any other documents required to give effect thereto, in a form satisfactory to the Town Solicitor; and,

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

(By-law 2009-168)

CARRIED

(3) AGRICULTURAL ASSESSMENT STUDY
FINAL REPORT AND RECOMMENDATIONS (10.0)

1) That the staff report entitled “Agricultural Assessment Study Final Report and Recommendations” dated November 3, 2009 be received; and,

2) That the staff recommendation contained therein (Appendix ‘A’ enclosed in the memorandum dated November 17, 2009) be endorsed; and,

3) That staff undertake pre-consultations with the Ministry of Municipal Affairs and Housing and Region of York staff to discuss a potential municipal request to Grow the Greenbelt in Markham, which would include lands contained in the proposed Greenway System including the enhancement lands forming the east-west linkage, as discussed by Development Services Committee on November 3 and November 17, 2009 and that the results of the Town of Markham Agriculture Assessment Study be shared with the Province along with options to permanently protect farmland within the “white belt” when the Town of Markham endorses its Growth Management Strategy; and,

4) That staff report back to Development Services Committee on this matter; and,

5) That the Town of Markham hold a Public Meeting to discuss the agricultural assessment study and the Rouge Park agricultural land and transition plan on Tuesday January 12, 2010, and,

6) That the Town invite staff from the Provincial Ministry of Agriculture, Food and Rural Affairs to a Part A session of Development Services Committee in early 2010 to present applicable Provincial programs and opportunities that the Town and its agricultural partners could consider; and,

7) That Markham Foodbelt Proposal be included and presented as part of the Growth Management Strategy for public consultations; and further,

8) That the following clauses be referred to staff for a report:

- Council creates a Blue Ribbon Taskforce of existing farm families and ratepayers and other relevant stakeholders to create a plan with the goal of expanding agricultural employment and local food procurement in the Town of Markham.

- Council creates a Blue Ribbon Task Force of existing industrial landowners and ratepayers and other relevant stakeholders to create a plan with the goal of revitalizing existing industrial areas and creating 40,000 new jobs.

- Council creates a Blue Ribbon Task Force of developers and residents and other relevant stakeholders to create a plan with the goal of creating a healthy, vibrant, liveable, urban village environment in the Town south of Major Mackenzie Drive.

- Further that the Blue Ribbon Task Force exploring residential growth consider placing a 6 story height limit on future development excluding major nodes served by high order transit.

- Council creates a Blue Ribbon Task Force of developers, industrial landowners, green renewable energy companies, farmers and residents and other relevant stakeholders to create a plan with the goal of having a Carbon Neutral Markham by 2020.

- Council creates a Blue Ribbon Task Force of naturalists, residents and natural heritage agencies such as Toronto and Region Conservation Authority (TRCA) and Environment Canada to achieve the Town’s natural heritage polices including 30% forest cover.

CARRIED AS AMENDED

BY A UNANIMOUS RECORDED VOTE

(See following recorded vote)

(See following motion to bring the item forward)

(See following motion to consider)

(See following motions to amend)

Unanimous recorded vote

YEAS: Mayor F. Scarpitti, Deputy Mayor J. Heath, Regional Councillor J. Jones, Regional Councillor J. Virgilio, Councillor V. Burke, Councillor E. Shapero, Councillor D. Hamilton, Councillor C. Moretti, Councillor D. Horchik, Councillor L. Kanapathi, Councillor A. Chiu. (11)

ABSENT: Regional Councillor G. Landon, Councillor J. Webster. (2)

Motion to bring forward the matter for consideration

Moved by Councillor E. Shapero

Seconded by Councillor V. Burke

That Council consider the item regarding Agricultural Assessment Study immediately following delegations with respect thereto.

CARRIED

Motion to consider the matter

Moved by Regional Councillor J. Virgilio

Seconded by Councillor L. Kanapathi

That Council consider the matter regarding Agricultural Assessment Study.

CARRIED

Resolution No. 3

Council consented to remove the following words after the words "…November 17, 2009…" in Resolution No. 3:

"…and that the results of the Town of Markham agriculture assessment study be shared with the Province and options to permanently protect the remaining farmland within the “white belt” after the Town of Markham has endorsed their Growth Management Strategy also be explored; and"

and replace them with the following words:

"…and that the results of the Town of Markham Agriculture Assessment Study be shared with the Province along with options to permanently protect farmland within the “white belt” when the Town of Markham endorses its Growth Management Strategy; and,"

Resolution No. 7

Moved by Councillor V. Burke

Seconded by Councillor E. Shapero

That the following be added as Resolution No. 7:

"7) That Markham Foodbelt Proposal be included and presented as part of the Growth Management Strategy for public consultations; and further,"

CARRIED

Resolution No. 8

Moved by Regional Councillor J. Virgilio

Seconded by Deputy Mayor J. Heath

That the following be added as Resolution No. 8:

"8) That the following clauses be referred to staff for a report:

- Further that the Blue Ribbon Task Force exploring residential growth consider placing a 6 story height limit on future development excluding major nodes served by high order transit.

CARRIED

(4) DOORS OPEN MARKHAM COMMITTEE (16.11)

Report Figure 1 Attachment

1) That the report dated November 17, 2009 entitled “Doors Open Markham Committee”, be received; and,

2) That the Doors Open Markham Committee be established as a Town of Markham committee to assist in the planning and implementation of the annual Doors Open Markham event; and,

3) That the Manager, Heritage Planning and the Manager, Community Relations or their designates, be assigned as staff resources for the Committee; and,

4) That Councillor D. Hamilton be appointed to the Committee; and,

5) That the Friends of the Markham Museum appoint a representative (staff or volunteer member) to the Committee; and,

6) That Heritage Markham appoint up to two members to the Committee; and,

7) That the Unionville BIA and Markham BIA each appoint a member to the Committee; and,

8) That a representative from the Thornhill Heritage Conservation District be appointed; and,

9) That the Clerks Department be directed to advertise for appointments from the public or other organizations to the Committee; and,

10) That staff be authorized to submit the Doors Open registration forms and fee to the Ontario Heritage Trust on behalf of the Town; and further,

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

CARRIED

Council consented to appoint Councillor D. Hamilton to the Doors Open Markham Committee. (See Resolution No. 4)

(5)        YONGE SUBWAY EXTENSION TO
            RICHMOND HILL CENTRE/LANGSTAFF GATEWAY
            URBAN GROWTH CENTRE (5.10)

1) That the report entitled “Yonge Subway Extension to Richmond Hill Centre/Langstaff Gateway Urban Growth Centre”, dated November 17^th be received.

CARRIED AS AMENDED

(See following motion to amend)

Moved by Regional Councillor J. Jones

Seconded by Councillor D. Horchik

That the following Resolution Nos. 2) and 3) be deferred to the next Development Services Committee for further discussion:

“2) That the report and attachments be forwarded to the Town of Richmond Hill and the Region of York as Markham’s submission with respect to the “Richmond Hill Regional Centre Preferred Concept Report”, dated September 9, 2009; and further,

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

DEFERRED

(See following motion to reconsider the matter)

Moved by Councillor E. Shapero

Seconded by Councillor D. Horchik

That Council reconsider the following resolution adopted earlier during the meeting this date:

“1) That the report entitled “Yonge Subway Extension to Richmond Hill Centre/Langstaff Gateway Urban Growth Centre”, dated November 17^th be received.

2) That the report and attachments be forwarded to the Town of Richmond Hill and the Region of York as Markham’s submission with respect to the “Richmond Hill Regional Centre Preferred Concept Report”, dated September 9, 2009; and further,

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

CARRIED

(2/3 Vote of Council was obtained)

(6) HIGHWAYS 404 & 407 FLYOVER WORKING GROUP (5.10)

1) That the report entitled, “Highways 404 & 407 Flyover Working Group”, dated November 17, 2009, be received; and,

2) That staff be authorized to participate in a Working Group with the Region of York and Town of Richmond Hill to develop a framework to protect, fund and construct mid-block crossings of Highway 404 and Highway 407; and,

3) That the Working Group’s scope of work be expanded to include the Highway 404 interchange at 19^th Avenue; and,

4) That Staff report back to Council on the findings and recommendations of the Working Group for consideration and approval; and,

5) That the Regional Municipality of York and the Town of Richmond Hill be again informed of the Town of Markham Council’s decision to not support any flyover in the Cathedral Community immediately north of Major Mackenzie Drive; and further,

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

CARRIED

6(d) REPORT NO. 74 - DEVELOPMENT SERVICES PUBLIC MEETING
(Nov. 17, 2009)

Council consented to separate Item No. 2 regarding The Bridge - A Markham Community Church to provide an opportunity for Councillor C. Moretti to disclose an interest on this matter.

Council also consented to separate Item No. 3 to receive the letter dated December 1, 2009 from Ms. Signe Leisk, Cassels Brock & Blackwell LLP.

Moved by Councillor D. Horchik

Seconded by Councillor A. Chiu

That Report No. 74 - Development Services Public Meeting comprised of 3 items be received and adopted, except Item Nos. 2 and 3. (See following Item Nos. 2 and 3)

(1)        EMBEE PROPERTIES LIMITED
            APPLICATION FOR ZONING BY-LAW AMENDMENT
            TO PERMIT A WIDER RANGE OF COMMERCIAL USES
            AT 8675 MCCOWAN ROAD
            (ZA 09-119773) (10.5)

1) That the Development Services Commission report dated October 20, 2009, entitled “PRELIMINARY REPORT. Embee Properties Limited. Application for Zoning By-law Amendment to permit a wider range of commercial uses at 8675 McCowan Road. File Number: ZA 09-119773” be received; and,

2) That the record of the Public Meeting held on November 17, 2009, with respect to proposed Zoning By-law Amendment by Embee Properties Limited to permit a wider range of commercial uses at 8675 McCowan Road (ZA 09-119773) be received; and,

3) That the Zoning By-law Amendment application (ZA 09-119773) by Embee Properties Limited to amend Zoning By-law 1229, as amended, be approved; and further,

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

CARRIED

(2) THE BRIDGE – A MARKHAM
COMMUNITY CHURCH
APPLICATION FOR ZONING BY-LAW AMENDMENT
TO FACILITATE EXPANSION OF PLACE OF WORSHIP
USES AT 5430 & 5440 16^TH AVENUE
WISMER COMMONS COMMUNITY
(ZA 09 120930) (10.5)

1) That the correspondence from Kelly Javier and Jian Wang & Ying Sun be received; and,

2) That the Development Services Commission report dated October 20, 2009, entitled “PRELIMINARY REPORT. The Bridge – A Markham Community Church. Application for Zoning By-law Amendment to facilitate expansion of place of worship uses at 5430 & 5440 16th Avenue, Wismer Commons Community. File Number: ZA 09-120930” be received; and,

3) That the record of the Public Meeting held on November 17, 2009, with respect to the proposed Zoning By-law Amendment by The Bridge – A Markham Community Church to facilitate expansion of place of worship uses at 5430 & 5440 16th Avenue (ZA 09-120930) be received; and,

4) That the Zoning By-law Amendment application (ZA 09-120930) by The Bridge – A Markham Community Church to amend Zoning By-laws 304-87 and 177-96, as amended, be approved; and further,

5) That the proposed amendments to By-laws 304-87 and 177-96, as amended, be enacted without further notice.

CARRIED

(Councillor C. Moretti abstained)

(3)        PEOPLES CHRISTIAN ACADEMY
            245 RENFREW DRIVE
            BLOCK 4, PLAN 65M-2409
            SOUTH OF 16^TH AVENUE, WEST OF WOODBINE AVE
            APPLICATIONS FOR ZONING BY-LAW AMENDMENT
            AND SITE PLAN APPROVAL TO PERMIT A
            PRIVATE SCHOOL AND DAY CARE WITHIN AN
            EXISTING WAREHOUSE BUILDING
            (ZA 09 119448 AND SC 09 119478) (10.5, 10.6)

Report Attachment Letter

1) That the correspondence from Benjamin Rutherford, Elia Associates, Barristers and Solicitors be received; and,

2) That the report entitled “Preliminary Report, Peoples Christian Academy, 245 Renfrew Drive, Block 4, Plan 65M-2409, South of 16^th Avenue, west of Woodbine Ave., Applications for zoning by-law amendment and site plan approval to permit a private school and day care within an existing warehouse building, File No.: ZA 09 119448 and SC 09 119478”, dated October 20, 2009 be received; and,

3) That the Record of the Public Meeting held on November 17, 2009, with respect to the proposed amendment to Zoning By-law 165-80, as amended, be received; and,

4) That the letter dated December 1, 2009 from Ms. Signe Leisk, Cassels Brock & Blackwell LLP, on behalf of the property owner of 185 Renfrew Drive, forwarding their objection, be received; and,

5) That the application by Peoples Christian Academy to amend Zoning By-law 165-80, as amended, be approved; and further,

6) That the proposed amendment to Zoning By-law 165-80, as amended, be finalized and enacted without further notice.

(Communication No. 71-2009)

CARRIED

Council consented to receive the letter dated December 1, 2009 from Ms. Signe Leisk, Cassels Brock & Blackwell LLP as Resolution No. 4.

6(e) REPORT NO. 75 - GENERAL COMMITTEE (November 30, 2009)

Council consented to separate Item Nos. 2, 3 and 6.

Moved by Regional Councillor J. Virgilio

Seconded by Councillor D. Horchik

That Report No. 75 - General Committee comprised of 5 items be received and adopted, except Item Nos. 2 and 6. (See following Item Nos. 2, 3 and 6)

(1) DEVELOPMENT CHARGE CREDIT -
BOX GROVE HILL DEVELOPMENTS INC. –
PHASE 2B2 (7.11)

1) That the report entitled “Development Charge Credit – Box Grove Hill Developments Inc. Phase 2B2” be received; and,

2) That Council authorize Town Wide Hard Development Charge credits to Box Grove Hill Developments Inc. and Box Grove North Inc., not exceeding $570,307.00, in accordance with the Town’s Development Charge Credit Policy for the construction of public works relating to sidewalks, oversizing watermains and a road creek crossing in the Box Grove subdivision; and,

3) That the Mayor and Clerk be authorized to execute a development charge credit agreement, in the event that the credits are not included in a subdivision agreement with Box Grove Hill Developments Inc. and/or Box Grove North Inc., or their successors in title; and,

4) That this report be taken to the December 1, 2009 Council meeting; and further,

5) That staff be directed to do all things necessary to give effect to this report.

CARRIED

(2) DEVELOPMENT CHARGE DEFERRAL -
SAINT MARK’S COPTIC ORTHODOX CHURCH (7.11)

Report 1 2

1) That the report titled “Development Charge Deferral – St. Mark’s Coptic Orthodox Church” be received; and,

2) That Council authorize the Town of Markham to enter into an agreement with St. Mark’s Coptic Orthodox Church for a deferral of the payment of the Town Wide Hard and Area Specific Development Charges relating to the construction of a Cathedral at 455 Ferrier Street, to the satisfaction of the Town Solicitor; and,

3) That the agreement provide for Development Charge payments of $50,000 on building permit issuance, $50,000 on the landscaping of the grounds, with the remainder to be paid in 20% increments over 5 years commencing at the date of occupancy; and,

4) That the agreement provide that the Town Wide Hard and Area Specific Development Charges to be deferred be fully secured; and,

5) That the agreement provide that payment of the Town Wide Hard and Area Specific Development Charges be calculated at the higher of (1) the rate that is in effect at the time of payment, (2) the indexed rate from the date of building permit issuance or (3) the rate in effect at building permit issuance plus accrued interest at prime; and,

6) That this report be taken to the December 1, 2009 Council meeting; and further,

7) That staff be directed to do all things necessary give effect to these recommendations.

CARRIED

Council consented to delete the following Resolution No. 5) approved by General Committee on November 30, 2009:

"5) That the agreement provide that payment of the Town Wide Hard and Area Specific Development Charges be calculated at the rate that is in effect at the time of payment and shall not be less than the applicable rate at the time of the first building permit issuance; and,"

and to replace it with the following Resolution No. 5), as proposed by staff:

"5) That the agreement provide that payment of the Town Wide Hard and Area Specific Development Charges be calculated at the higher of (1) the rate that is in effect at the time of payment, (2) the indexed rate from the date of building permit issuance or (3) the rate in effect at building permit issuance plus accrued interest at prime; and,"

(3) CANADA POST
POSTAL CODE DIRECTORIES
FOR ADDRESSES IN UNIONVILLE (9.0)

1) That the Council of the Town of Markham request Canada Post to reinstate the use of “Unionville” as the preferred municipal name in its online and hard copy postal code directories for addresses in the Unionville area defined as the present Ward 3 boundary; and,

2) That the Council of the Town of Markham request Canada Post to maintain the postal destinations in the other areas within Markham.

CARRIED

(See following motion to adopt)

Moved by Regional Councillor J. Virgilio

Seconded by Councillor D. Hamilton

That Item No. 3, Report No. 75 regarding Canada Post Postal Code Directories for addresses in Unionville be received and adopted.

CARRIED

(4) PROVINCIAL OFFENCES ACT
COURTS AMENDED INTER
-MUNICIPAL AGREEMENT (13.4.10)

Notice Memo Appendix B Appendix C

1) That the report “Provincial Offences Act Courts Amended Intermunicipal Agreement” be received; and,

2) That the Council adopt Option #2 as the Town of Markham’s preferred approach to the funding distribution contained within the new “York Region Courts Intermunicipal Agreement” and that the Town of Markham request the Region of York to phase the lost revenue over a period of three years; and,

3) That a separate Service Level Agreement for Court Services between the Region of York and the Town of Markham be developed; and,

4) That a new York Region Courts Intermunicipal Agreement be developed and executed, reflecting the Option #2 funding distribution and achieving a more accountable and sustainable governance model; and further,

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

CARRIED

(5) AWARD OF YORK REGION CO-OP BIDS CT-09-09
& CT-09-08 AND MEMORANDUM OF UNDERSTANDING
BETWEEN YORK REGION AND THE TOWN OF MARKHAM
RE YORK REGION INFLOW & INFILTRATION REDUCTION
PROGRAM (5.5)

Report 1 2 3

1) That the report entitled” Award of York Region Co-op bids CT-09-09 & CT-09-08 and Memorandum of Understanding between York Region and the Town of Markham re York Region Inflow & Infiltration Reduction Program” be received; and,

2) That the Mayor be authorized to execute the attached Memorandum of Understanding (MOU) (Attachment A) with the Regional Municipality of York in a form satisfactory to the Town’s Solicitor; and,

3) That the York Purchasing Cooperative contract for Bid No. CT-09-09 Smoke Testing of Various Sized Sewer Mains and Associated Laterals Throughout Various Designated Municipalities be awarded to the lowest price bidder, Sewer Technologies Inc., in the amount of $10,934.50, exclusive of GST; and,

4) That the York Purchasing Cooperative contract for Bid No. CT-09-08 Closed Circuit Television Video of Mainline Sewers and Lateral Services and Visual Inspections of Manholes be awarded to the lowest price bidder, Promark Telecon, in the amount of $169,263.50, exclusive of GST; and,

5) That staff be authorized to issue a Purchase order to Sewer Technologies Inc., in the amount of $10,934.50, exclusive of GST and Promark Telecon, in the amount of $169,263.50, exclusive of GST; and,

6) That both awards be funded by the Regional Municipality of York as per the MOU agreement; and,

7) That the cost of the awards be charged to account 025-2100029 and recoveries from the Regional Municipality of York be credited to this same account; and,

8) That on a monthly basis, staff shall meet with the Regional Municipality of York to review any invoices received during the immediately preceding month, and deliver any copies of invoices and such other documentation as the Region may reasonably require, to recover the costs; and further,

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

CARRIED

(6) APPOINTMENTS TO HERITAGE MARKHAM COMMITTEE (16.24)

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

James Makaruk - Thornhill Representative

Susan Casella - Rural Representative

Deirdre Kavanagh - Markham Representative

Jeanne Ker-Hornell - Unionville Representative; and,

2) That the term of expiry for Mr. Richard Morales, incumbent, be amended from November 30, 2011 to November 30, 2010.

CARRIED

(See following motion to adopt)

Moved by Regional Councillor J. Virgilio

Seconded by Councillor C. Moretti

That Item No. 6 of Report No. 75 regarding appointment of members to Heritage Committee be adopted.

CARRIED

(See following motion to move the matter forward)

Moved by Regional Councillor J. Virgilio

Seconded by Deputy Mayor J. Heath

That Council consider the matter regarding appointment of members to Heritage Committee immediately following Presentation No. 3.

CARRIED

6(f) REPORT NO. 76 - DEVELOPMENT SERVICES COMMITTEE
(December 1, 2009)

Council consented to separate Item No. 1.

Moved by Councillor D. Horchik

Seconded by Councillor A. Chiu

That Report No. 76- Development Services Committee comprised of 3 items be received and adopted, except Item No. 1. (See following Item No. 1)

(1) YORK REGION OFFICIAL PLAN
REGIONAL SUBMISSION ANALYSIS AND RESPONSE
TO MARKHAM COMMENTS (10.17)

Note: Council’s decision on this matter was combined with Motion 1 titled "York Region Draft Official Plan".

(See Motion 1 of Council minutes for this date)

See following notes regarding Resolution Nos. 1 to 5 approved by Development Services Committee on December 1, 2009:

Resolution No. 1

Council consented to not combine the following Resolution No. 1 with Motion 1 titled "York Region Draft Official Plan:

"1) That this memo entitled “York Region Official Plan - Regional submission analysis and response to Markham comments”, dated December 1, 2009, be received; and,"

Resolution No. 2

Council consented to combine the following Resolution No. 2 with Motion 1 titled York Region Draft Official Plan:

"2) That Council reaffirm its request of October 27, 2009 that the policies and mapping related to new communities and any urban expansion (including strategic employment lands as referenced on Figure 2) 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,"

Resolution No. 3

Council consented to not combine the following Resolution No. 3 with Motion 1 titled York Region Draft Official Plan:

"3) That the Clerk advise the Region of York accordingly; and,"

Resolution No. 4

Council consented to not combine the following Resolution No. 4 with Motion 1 titled "York Region Draft Official Plan and staff agreed to report back:

"4) That staff report back to Development Services Committee early in the new year, following a detailed review of the Regional Official Plan, once adopted by Regional Council; and,"

Resolution No. 5

Council consented to combine the following Resolution No. 5 with Motion 1 titled York Region Draft Official Plan:

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

(2) YORK REGION'S DRAFT
TRANSPORTATION MASTER PLAN (5.10)

1) That the report to Development Services Committee entitled “York Region’s Draft Transportation Master Plan”, be received; and,

2) That the comments attached as "Appendix A", as amended at the December 1, 2009 Development Services Committee meeting, be forwarded to the Region of York as Markham’s preliminary response to the Region’s request for input on the York Region’s draft Transportation Master Plan; and,

3) That the Region of York be requested to update their Transportation Master Plan upon completion of the Town of Markham’s Growth Management Strategy (GMS) and Markham Transportation Strategic Plan (MTSP); and further,

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

CARRIED

(3) YORK REGION'S DRAFT
WATER AND WASTEWATER MASTER PLAN (5.0)

1) That the report to Development Services Committee entitled “York Region’s Draft Water and Wastewater Master Plan”, be received; and,

2) That the comments attached as “Appendix A” be forwarded to the Region of York as Markham’s preliminary response to the Region’s request for input on the draft Water and Wastewater Master Plan; and,

3) That the Region of York be requested to update their Water and Wastewater Master Plan upon completion of the Town of Markham’s Growth Management Strategy and Master Servicing Study; and further,

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

CARRIED

7. MOTIONS

Council consented to add Motion (2).

(1) REGION OF YORK OFFICIAL PLAN (10.17)

Moved by Councillor Burke

Seconded by Councillor Shapero

Whereas the Town of Markham prides itself as a leader in sustainability in York Region and Ontario; and,

Whereas the quality of life in Markham is paramount to all Markham residents; and,

Whereas the Region of York Draft Official Plan (growth plan) will have profound impact on Markham residents’ quality of life, countryside and the environment for present and future generations; and,

Whereas the Town of Markham is still considering the planning direction and policy related to its’ growth management options and has not yet completed the process; and,

Whereas this a long-term plan that requires careful consideration; and,

Whereas if the Region of York Draft Official Plan is passed prior to Markham Council passing its’ own direction and policies, this Plan would have legal standing and override, restrict and/or undermine Markham’s future ability to plan and choose its’ future;

Therefore be it resolved:

1) That Council reaffirm its request of October 27, 2009 that the policies and mapping related to new communities and any urban expansion (including strategic employment lands as referenced on Figure 2) 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,

2) That if the Region requires an extension from the Province to bring the Official Plan into conformity, that the Region submit this request to the Province; and,

3) That this resolution be sent immediately to the York Region Chair and Council members and that it be placed on the first possible agenda for action; and further,

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

CARRIED

BY A UNANIMOUS RECORDED VOTE

(See following recorded vote)

Unanimous recorded vote

ABSENT: Regional Councillor G. Landon, Councillor J. Webster. (2)

(SEE FOLLOWING NOTES)

Resolution 1

Council consented to insert the following as Resolution No. 1, as approved by Development Services Committee on December 1, 2009:

"1) That Council reaffirm its request of October 27, 2009 that the policies and mapping related to new communities and any urban expansion (including strategic employment lands as referenced on Figure 2) 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,"

Resolution Nos. 2) and 3)

Council consented to approve the following as Resolution Nos. 2 and 3, as proposed:

"2) That if the Region requires an extension from the Province to bring the Official Plan into conformity, that the Region submit this request to the Province; and,

3) That this resolution be sent immediately to the York Region Chair and Council members and that it be placed on the first possible agenda for action; and further,"

Resolution No. 4)

Council consented to insert the following as Resolution 4, as approved by Development Services Committee on December 1, 2009:

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

(2) DELEGATIONS FOR AGRICULTURAL ASSESSMENT STUDY (10.0)

Moved by Councillor D. Horchik

Seconded by Regional Councillor J. Virgilio

That the following delegations regarding Agricultural Assessment Study be received:

1. Joan Jenkyn

2. Jim Robb, Rouge Duffins Greenspace

3. Mr. Sri Sedhuradnam, Farmstart Ontario

4. Ira T. Kagan, Kagan Shastri Barristers and Solicitors

5. Patricia Foran, Aird & Berlis Barristers & Solicitors

6. Marilyn Ginsburg, Chair, Grandview Area Residents Association

7. Fred Webber

8. George Jenkyn

9. John Kay

10. Marianne Yake, President of the Richmond Hill Naturalists

11. Tom Ferrar

12. Nirmala Persaud Armstrong, Wismer Ratepayer Association

13. Dianne More, Markham Village Conservancy

14. Shelley Bourne, Boyington Heights Ratepayers Inc.

15. John O’Gorman

16. Evelin Ellison, Ward One (South) Thornhill Residents Inc.

17. Tupper Wheatley

18. Tracy MacKinnon, Unionville BIA/Unionville Villagers' Association (UVA)

19. Adam Poon, Markham-Unionville Greens.

CARRIED

8. NOTICES OF MOTIONS

There were no Notices of Motions.

9. COMMUNICATIONS

Council consented to add Communication Nos. 68-2009 to 71-2009.

Moved by Councillor A. Chiu

Seconded by Councillor L. Kanapathi

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

Referred to all Members of Council

62-2009 Liquor Licence Application - Forwarding a request to complete the Alcohol and Gaming Commission Municipal Information Form for Myung Dong Kal Kuk Su Inc., 8180-8220 Bayview Avenue, Unit A1004 (New restaurant and new licence). (3.21)

63-2009 Liquor Licence Application - Forwarding a request to complete the Alcohol and Gaming Commission Municipal Information Form for Asoka, 60 Main Street Markham, Unit 19A (Change of ownership for existing premises previously licenced). (3.21)

64-2009 Liquor Licence Application - Forwarding a request to complete the Alcohol and Gaming Commission Municipal Information Form for India Kitchen Toronto Inc., 3000 Highway No. 7 East, Unit A-2 (Change of ownership for existing premises previously licenced). (3.21)

65-2009 Greg McCormick, Unionville BIA - Forwarding a request to close the following roads to facilitate the Unionville Olde Tyme Christmas being held on Friday, December 4, 2009:

- Main Street Unionville north of Euclid to south of Library Lane

(6:00 p.m. to 8:00 p.m.)

- Main Street Unionville & Concession Road to south of Carlton Road

(6:00 p.m. to 10:00 p.m.)

- Carlton Road west of Concession Road to south of Pomander Road

(6:00 p.m. to 10:00 p.m.)

- Fred Varley east of EJ Lennox Way to Main Street Unionville

(6:00 p.m. to 10:00 p.m.) (3.5)

66-2009 Director, Communications and Community Relations - Providing an update with respect to the Sponsorship Marketing as requested at the General Committee meeting held on November 16, 2009. (12.2)

(Item No. 6, Report No. 72)

Memo

Referred to Commissioner of Development Services & Town Solicitor

67-2009 Ontario Municipal Board - Forwarding a memorandum of oral decision delivered on October 13, 2009 regarding the Site Plan Application at 7161 and 7171 Yonge Street, 1691126 Ontario Ltd. (Liberty Development Corporation). (13.13)

Referred to all Members of Council

68-2009 Roger Ivar Lohmann - Forwarding comments with respect to the proposed recommendation on Agricultural Assessment Study and to the proposed motion on Region of York Draft Official Plan. (10.0 & 10.17)

(Item No. 3, Report No. 73) (Motion 1)

69-2009 George & Karen Williams - Forwarding comments with respect to the proposed motion on Region of York Draft Official Plan. (10.17)

(Motion 1)

70-2009 Lynn Nowicki - Forwarding comments with respect to the proposed recommendation on Agricultural Assessment Study and to the proposed motion on Region of York Draft Official Plan. (10.0 & 10.17)

(Item No. 3, Report No. 73) (Motion 1)

71-2009 Signe Leisk, Cassels Brock & Blackwell LLP, on behalf of the property owner of 185 Renfrew Drive - Forwarding their objection with respect to the applications for zoning by-law amendment and site plan approval, submitted by Peoples Christian Academy, to permit a private school and day care within an existing warehouse building at 245 Renfrew Drive. (10.5 and 10.6)

CARRIED

10. PROCLAMATIONS

There were no proclamations.

11. NEW/OTHER BUSINESSES

There were no new/other businesses.

12. BY-LAWS

Moved by Councillor A. Chiu

Seconded by Councillor C. Moretti

That By-laws 2009-166 to 2009-171 be given three readings and enacted.

Three Readings

BY-LAW 2009-166 A by-law to amend By-law 2002-276, a by-law to impose fees or charges for services or activities provided or done by the Town of Markham (To update Water/Wastewater Rates effective April 1, 2010)

(Item No. 3, Report No. 71)

BY-LAW 2009-167 A by-law to authorize the execution of Heritage Conservations Easements (EMK Construction/Treelawn Construction, 10519 and 10521 Woodbine Avenue)

(Item No. 1, Report No. 73)

BY-LAW 2009-168 A by-law to authorize the execution of Heritage Easement Agreements (64 Church Street, Plan 180, Part Lots 12 and 13).

(Item No. 2, Report No. 73)

BY-LAW 2009-169 A by-law to amend Zoning By-law 177-96, as amended (Ballygarven Homes Limited, 25 Rouge Bank Drive, Rouge Northeast Community, Plan 65M-4040, Lot 12 - To remove (H) Hold provision on the subject lands to permit the development of a mixed use residential building with an integrated, ground floor retail/commercial business).

BY-LAW 2009-170 A by-law to dedicate certain lands as part of the highways of the Town of Markham (Part of Lot 2, Plan 2196, designated as Parts 2 and 3, Plan 65R-28260 and Part of Lot 3, Plan 2196, designated as Part 2, Plan 65R-18880 - Ian Baron Avenue)

BY-LAW 2009-171 A by-law to amend Municipal Law Enforcement Officers Appointment By-law 2002-178 and Parking By-law 2005-188 (Update the list for Enforcement Officers, Parking Enforcement Agencies and Tagging Locations).

CARRIED

13. IN-CAMERA ITEMS

Council considered In-Camera Items (1) to (3) during the regular portion of the meeting and did not go into in-camera session.

Moved by Councillor A. Chiu

Seconded by Councillor C. Moretti

That In-camera Items 1 to 3 be received and adopted.

(1) STIVER MILL: UNIONVILLE VILLAGE
CONSERVANCY PROPOSAL
AND TOWN OPTIONS (8.7)

1) That the Confidential Report entitled “Stiver Mill: Unionville Conservancy Proposal and Town Options” be received; and,

2) That staff be directed to retain ownership and stewardship of the Stiver Mill, maintain and operate it as a heritage interpretive centre and undertake building stabilization to prevent further deterioration, all until such time as the Town receives or identifies a viable proposal for the site or market conditions are favourable for the re-issuance of an RFP; and,

3) That the Unionville Village Conservancy be thanked for responding to the RFEOI and be advised that the Town will not be proceeding with the RFEOI and further that staff be directed to work with the Unionville Village Conservancy, Stiver Mill Conservancy, Stiver Mill Committee on achieving the above objective and report back on the role of the Conservancy and the Stiver Mill Committee; and,

4) That funds in the amount of $150,000 be made available from the Life Cycle Replacement and Capital Reserve Fund and including in the 2010 Capital Budget for the necessary building stabilization work; and,

5) That prior to commencing building stabilization work, staff provide details with respect to the necessary work required to restore the Stiver Mill together with a detailed cost analysis; and further,

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

CARRIED

(2) MINUTES OF IN-CAMERA COUNCIL MEETING
- NOVEMBER 10, 2009 (16.0)

1) That the minutes of the in-camera Council meeting held on November 10, 2009, be confirmed.

CARRIED

(3) RECOGNITION OF HEINTZMAN HOUSE BOARD MEMBERS (16.24)

1) That Mr. Merf Goldstein and Mr. Warren Carroll be made honorary patrons of the Heintzman House.

CARRIED

14. CONFIRMATORY BY-LAW

Moved by Councillor A. Chiu

Seconded by Councillor V. Burke

That By-law 2009-172 be given three readings and enacted.

Three Readings

BY-LAW 2009-172 A by-law to confirm the proceedings of the Council meeting of December 1, 2009.
(Council Meeting No. 17, 2009)