Meeting No. 18

1) That the report “By-law to authorize Temporary Borrowing for 2010” be received; and,

2) That a by-law be brought forward for Council approval to authorize the temporary borrowing, if required, of an amount not to exceed $115,573,134 from January 1, 2010 to September 30, 2010 and $57,786,567 from October 1, 2010 to December 31, 2010 to meet the current expenditures of the municipality until taxes are collected and other revenues are received; and,

3) That the Treasurer will report back to Council in advance of borrowing, if temporary borrowing is required; and further,

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

(By-law 2009-173)

CARRIED

(4) JOINT WASTE
DIVERSION STRATEGY (5.1)

1) That the report entitled “Joint Waste Diversion Strategy - 2009” be received; and,

2) That Council acknowledge the successful Inter-Municipal Waste Diversion Committee (IMWDC) partnership between York Region and the Local Municipalities in achieving diversion leadership status in the ‘large urban’ category awarded by Waste Diversion Ontario (WDO); and,

3) That the IMWDC continue to collaborate and ensure all waste management program changes are based on:

- overall system costs - collection and processing

- convenience and flexibility to encourage participation in diversion activities; and,

4) That York Region be requested to continue to accept diapers, pet waste and organics in plastic bags, and as part of the Green Bin organics diversion program; and,

5) That Markham launch a program to educate residents on the benefits of using compostable bags and the proper preparation of Green Bin materials to reduce contamination and processing residue; and,

6) That the Region review and implement operational improvements within the organics processing system as a means of addressing and reducing the high amount of residual material generated through processing; and,

7) That the Zero Waste philosophy be incorporated into the 2009 Joint Waste Diversion Strategy; and,

8) That the Town of Markham request the Region of York to have discussions with the grocery and other service industries within the Region to consider modifying their plastic bags that are handed out to the customers to compostable bags; and,

9) That a copy of this resolution be forwarded to York Region and the Local Municipalities; and further,

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

CARRIED

Council consented to add the words "…and other service …" after the words "…discussions with the grocery…" in Resolution No. 8).

(5) REPORT ON SPENDING OF 2008
MARKHAM COUNCIL GRANTS FOR ROUGE PARK (5.7)

Report 1

1) That the staff report entitled “Report on Spending of 2008 Markham Council Grants for Rouge Park”, dated October 22, 2009, be received; and,

2) That a cheque in the amount of $25,000, be issued to the Rouge Park Alliance for their 2008 project in Bob Hunter Park, as outlined in this report, conditional upon submission of receipts for the $25,000 grant; and,

3) That Rouge Park Alliance work with Parks staff to ensure erection of signage acknowledging Markham’s contribution to construction of the berm;

4) That the request by Alan Wells, Chair, Rouge Park Alliance (Appendix 1) to accrue the 2009 funds for a total of $50,000 in funding in 2010 for development of a Rouge Park trails master plan to include and not be limited to preliminary work on pathways and/or trails from Milne Park down to Bob Hunter Park following the rouge river valley, be approved, subject to the Rouge Park Alliance meeting reporting requirements and Council approval; and,

5) That the consultants representing the Rouge Park Alliance work with Town of Markham staff and/or consultants and Milne Pathway Working Group, and a representative of Cycling and Pedestrian Advisory Committee, to integrate as best possible any trail master plan issues that may arise; and,

6) That a letter of intent be provided in advance of any future funding requests beyond 2010; and further,

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

CARRIED

Council consented to add the words "… and Milne Pathway Working Group, and a representative of Cycling and Pedestrian Advisory Committee…" after the words "… Markham staff and/or consultants…" in Resolution No. 5).

(6) MARKHAM ENVIRONMENTAL
SUSTAINABILITY FUND, FALL 2009 (5.7)

Report 1

1) That staff report “Markham Environmental Sustainability Fund (MESF) – Fall 2009 Funding”, dated Oct 16, 2009, be received; and,

2) That the following recommendation of the Environmental Issues Committee be approved:

a) That the application by the North American Native Plant Society (NANPS) and the Toronto Region Conservation Authority (TRCA), for an invasive plant species awareness program, be approved, in the amount of $10,000; and,

b) That application by Stonebridge Public School, for a naturalized planting and heritage sign, be approved, for $4,500, subject to final review and approval of a planting plan and species selection by Parks staff;

c) That the application by Ecowatch and the York Rotary Club, for a battery collection and recycling program, be approved, for $10,000, subject to:

- program funding being for Markham schools and residents only submission of a revised budget

- working together with Markham Waste Management staff on battery disposal

- any prize/award must be related to environment and learning

- that the York Rotary Club administers the funding and accounting of the program

- that the promotion of reusable batteries also be included in the Project

- that the Project also encourage residents to dispose of household batteries at the various Household Hazardous Waste Depots located within the Town of Markham

- that the Manager, Waste Manager be requested to send a letter to the Region of York requesting their involvement in this Project and acceptance of the collected materials directly

- that the budgeted battery disposal expense, of $6,250 of the $10,000, be held until a response has been received from the Region of York to determine whether they can cover the cost of battery disposal instead;

d) That application by the Manager, Waste Management for one (1) BigBelly solar garbage compactor and one (1) BigBelly recycling compactor as a pilot project, be approved, in the amount of $14,106; and,

e) That the application from Sustainability Office staff, together with Fatal Light Awareness Program (FLAP), for an education and outreach pilot project to educate the public about the importance of preventing bird collisions with windows and mirrored buildings, be approved in the amount of $10,000; and,

f) That application from Finance staff, for hiring of a part-time student to finalize the Green Procurement Guide in the amount of $20,000, be approved; and,

3) That funds come from the Markham Environmental Sustainability Fund (MESF), account #87 2800168; and further,

4) That Staff be authorized to do all things necessary to give effect to the above.

CARRIED

6(b) REPORT NO. 78 - GENERAL COMMITTEE (December 7, 2009)

Council consented to separate Item Nos. 6 and 7.

Moved by Regional Councillor J. Virgilio

Seconded by Councillor L. Kanapathi

That Report No. 78 - General Committee comprised of 7 items be received and adopted, except Item Nos. 6 and 7. (See following Item Nos. 6 and 7)

(1) MINUTES OF THE NOVEMBER 13, 2009
GRANTS SUB-COMMITTEE (16.0)

Minutes

1) That the Minutes of the November 13, 2009 Grants Sub-Committee be received; and,

2) That Council approve the following recommendations from the November 13, 2009 Grant Sub Committee Minutes:

"That a Celebrate Markham grant, in the amount of $6,000, be approved for the Tony Roman Memorial Hockey Tournament for 2010;

And that a Celebrate Markham grant, in the amount of $10,000, be approved in principle for the Chinese New Year Celebration for 2010;

And that the organizers be requested to provide additional financial information;

And that a Celebrate Markham grant, in the amount of $2,000, be approved in principle for the Black History Month for 2010;

And that the organizers be requested to provide additional financial information;

And that a Celebrate Markham grant, in the amount of $2,500, be approved in principle for the Markham Federation of Filipino Canadians for 2010;

And that the organizers be requested to provide additional financial information."

CARRIED

(2) 2010 INTERIM TAX LEVY AND BY LAW (7.3)

1) That Council authorize an interim tax levy for 2010; and,

2) That the attached by-law passed to authorize the 2010 interim tax levy; and,

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

(By-law 2009-189)

CARRIED

(3) DEVELOPMENT CHARGES INDEXING
– JANUARY 2010 (7.11)

1) That the report titled “Development Charges Indexing – January 1, 2010” be received; and,

2) That Council approve a reduction in development charges of 2.07%, effective January 1, 2010; and further,

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

CARRIED

(4) BUILDING A CREATIVE MARKHAM POLICY (6.5)

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

1) That the staff report titled Building a Creative Markham Policy and Plan dated November 9, 2009 be received, and;

2) That a project to develop a Cultural Policy and Plan be approved at the total cost of $100,000 and the funding be provided as follows:

Economic Development Account: A/C 610-101-5699-10003

“Creative City Sector Program” Capital Project #10003 $ 15,000

Sustainability Office A/C #230-101-5399-9345 $ 10,000

Culture Department A/C 560-560-5699 $ 3,269

Capital Project #7166 (Recreation & Culture Organization Review) $ 21,731

Provincial Grant (subject to approval by the Province) $ 50,000

Total $100,000;

and further,

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

CARRIED

(5) INTEGRATED LEISURE
MASTER PLAN PROJECT UPDATE (6.0)

Report Presentation

1) That the Report entitled “Integrated Leisure Master Plan Project Update” be received; and,

2) That the presentation provided by staff and the project consultant, Jean Monteith, Planning Consultant, regarding the Integrated leisure Master Plan be received; and,

3) That the proposed goals 1 to 9 d, as amended at the December 7, 2009 General Committee meeting, outlined in the presentation be endorsed in principle; and further,

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

CARRIED

(6) WEST THORNHILL STORMWATER
FLOOD REMEDIATION
CLASS ENVIRONMENTAL ASSESSMENT (5.5)

Report 1 Presentation

1) That the report entitled “West Thornhill Stormwater Remediation Class Environmental Assessment” be received; and,

2) That Council’s direction of the preferred alternative solution - 100 year level of protection for the West Thornhill stormwater system improvements be reaffirmed; and,

3) That Asset Management staff be authorised to file the Environmental Assessment Report for the 30 day public review commencing January 12, 2010; and further,

4) That staff report back to Council on implementation strategy for the preferred alternative solution; and further,

CARRIED

(7) MARKHAM PUBLIC LIBRARY BOARD -
THORNHILL PUBLIC LIBRARY
LOCATION/ OPERATIONS DURING THE
THORNHILL COMMUNITY CENTRE
RENOVATION/EXPANSION (3.19)

1) That the letter from Ms. P. Durst, Chair, Markham Public Library Board, be received; and,

2) That Council approve the following motion passed at the Markham Public Library Board meeting held on Monday, November 23, 2009:

“Resolved that the Library remain closed during the period of renovation; and,

Resolved that the Board request Council to find suitable Library space at the Thornhill Community Centre for the duration of the renovation project”.

CARRIED

6(c) REPORT NO. 79- DEVELOPMENT SERVICES COMMITTEE
(December 1, 2009)

Moved by Councillor J. Webster

Seconded by Councillor D. Horchik

That Report No. 79 - Development Services Committee comprised of 3 items be received and adopted.

(1) COMMERCIAL FAÇADE IMPROVEMENT
GRANT PROGRAM FOR HERITAGE
DISTRICTS FALL 2009 (16.11)

1) That the staff report entitled “Commercial Façade Improvement Grant Program for Heritage Districts Fall 2009” be received; and,

2) That the applications for the Commercial Façade Improvement Grant Program be approved provided that the applicants comply with the eligibility requirements of the program; and,

3) That the requested grant of $10,237.50 to replicate a missing Victorian veranda at the front of 8 Main St. N. be approved subject to the applicant obtaining the necessary approvals and entering into a Grant Agreement with the Town; and,

4) That the requested grant of $9,975.00 to make property improvements to the rear of 149 Main St. Unionville including landscaping, enclosing the garbage bins, adding shutters, and installing a picket fence be approved subject to the applicant obtaining the necessary approvals and entering into a Grant Agreement with the Town; and,

5) That Council authorizes the Mayor and Clerk to enter into Façade Easement Agreements with the owners of 8 Main St. N. and 149 Main St. Unionville and any other documents required to give effect thereto, in a form satisfactory to the Town Solicitor; and,

6) That Council agrees to waive the eligibility criteria pertaining to the timing of the initiation of the following projects: the veranda of 8 Main St. N. and the improvements to the rear of 149 Main St. Unionville; and,

7) That the grants be funded through the Development Services Planning Capital Project 6633 (Heritage Façade Improvement/Replacement Program); and further,

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

CARRIED

(2) ACCEPTANCE FOR MAINTENANCE OF
RESIDENTIAL SUBDIVISIONS
REGISTERED PLAN NUMBERS 65M-3788
EXCEPT BLOCKS 142, 143, 144 AND 146,
65M-3948, 65M-3800, 65M-3955
EXCEPT BLOCKS 13 AND 14, 65M-3954, 65M-3830
AND 65R-27851 PARTS 3,6 AND 7, 65M-4005, 65M-3368
AND 65R-21540 PART 7, 65M-3582 AND 65R-24761 PART 2
AND 3, 65M-3638, 65M-3783 PLAN 65M-3639,
65M-3640 AND 65M-4039 (10.7)

1) That the report entitled “Acceptance for Maintenance of Residential Subdivisions Registered Plan Numbers 65M-3788 Except Blocks 142, 143, 144 and 146, 65M-3948, 65M-3800, 65M-3955 Except Blocks 13 and 14, 65M-3954,65M-3830 and 65R-27851 Parts 3, 6 and 7, 65M-4005, 65M-3368 and 65R-21540 Part 7, 65M-3582 and 65R-24761 Part 2 and 3, 65M-3638, 65M-3783, 65M-3639, 65M-3640 and 65M-4039,” dated December 2, 2009, be received; and,

2) That the municipal services in Subdivision Registered Plan numbers 65M-3788 Except Blocks 142, 143, 144 and 146, 65M-3948, 65M-3800, 65M-3955 Except Blocks 13 and 14, 65M-3954,65M-3830 and 65R-27851 Parts 3, 6 and 7, 65M-4005, 65M-3368 and 65R-21540 Part 7, 65M-3582 and 65R-24761 Part 2 and 3, 65M-3638, 65M-3783, 65M-3639, 65M-3640 and 65M-4039, be Accepted for Maintenance; and,

3) That by-laws be enacted by Council to accept these subdivisions and to establish each of the roads within the residential subdivisions as a public highway of the Town of Markham; and,

4) That the Community Services Commission accepts the responsibility for operating and maintaining the infrastructure within the subdivision as part of the Town’s system; and,

5) That the Acceptance for Maintenance Period commence October 1, 2009; and,

6) That acceptance of the subdivision be taken into consideration in future operating budgets; and,

7) That the by-law to amend schedule ‘12’ of Traffic By-law #106-71, by including compulsory stops to the indicated streets, be approved; and,

8) That the by-law to amend Schedule ‘A’ of the Speed By-law #105-71, by including a maximum speed of 40 kilometers per hour for the streets indicated, be approved; and,

9) That the by-law to amend Schedule ‘F’ of the Speed By-law #105-71, by including a maximum speed of 50 kilometers per hour for the streets indicated, be approved; and,

10) That the by-law to amend Schedule ‘C’ of the Parking of Vehicles By-law #2005-188, by including prohibited parking on the streets indicated, be approved; and,

11) That the Mayor and Clerk be authorized to execute the necessary releases from the terms of the Subdivision Agreements, subject to confirmation from the Director of Engineering that the final two year guarantee periods have been completed; and further,

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

(By-laws 2009-174 to 2009-188)

CARRIED

(3) OPA 149 OPEN SPACE AND
STREETSCAPE MASTER PLAN (10.3)

1) That the Development Services Commission Report dated December 1, 2009 report, Entitled “OPA 149 Open Space and Streetscape Master Plan” be received; and,

2) That the OPA 149 Open Space and Streetscape Master Plan, attached to the December 1, 2009 report, prepared by Todhunter Associates be endorsed in principle; and,

3) That all development applications within the Highway 404 North Planning District be reviewed to ensure compliance with the OPA 149 Open Space and Streetscape Master Plan; and,

4) That the following additional changes be incorporated into the OPA 149 Open Space and Streetscape Master Plan, to the satisfaction of the Commissioner of Development Services:

· A revision to the plan to provide a conceptual location for a possible future Highway 404 overpass to the satisfaction of the Director of Engineering, and to be subject to confirmation through a future Environmental Assessment process.

· A revision to the plan to identify a revised location for the storm water management pond at the south-east corner of the plan subject to approval of Ontario Hydro and Director of Engineering.

· A revision to Section 2.0 Demonstration Plan, Section 2.5 – Frontages - to revise the text to suggest that the elevation treatment of the front or street façade should be continued along facades located in exterior side yards.

· A revision to Section 3.0 Open Space Plan, Sections 3.3, 3.4, 3.6 to specify that the multi-use trail which is 1.5m beyond the width of the regular sidewalk along the future Woodbine By-Pass is to be funded from development charges (14%) and grants and/or developer funding of 86%. A second multi-use trail will extend northward along the east side of Honda Blvd. This trail will be provided by the subdivision developer at its sole cost.

· A revision to Section 1.2.3 Site Characteristics and Surrounding Uses, to include wording that identifies compensation for the loss of any existing vegetation on the site as per the “Trees for Tomorrow Streetscape Manual” approved June 2009.

· A revision to Section 4.0 - Streetscape Master Plan, Section 4.3 to specify that the subdivision developer will be responsible to provide a single row of trees on each boulevard within the municipal right-of-way throughout the plan of subdivision and a second row of trees on each boulevard along Honda Blvd in addition to a row of trees on private lands directly abutting the blvd. A single row of trees will be installed under the By-Pass construction and will be funded by the developers under the “Tri-Party Agreement”; and,

5) That the Commissioner of Development Services be authorized to approve any future required revisions to the OPA 149 Open Space and Streetscape Master Plan; 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. 80 - DEVELOPMENT SERVICES PUBLIC MEETING
(December 7, 2009)

Moved by Councillor J. Webster

Seconded by Councillor D. Horchik

That Report No. 80 - Development Services Committee comprised of 2 items be received and adopted.

(1)        1039954 ONTARIO LIMITED
            SOUTHWEST CORNER OF MAJOR MACKENZIE DRIVE
            & RALPH CHALMERS AVENUE
            WISMER COMMONS COMMUNITY
            - PROPOSED PLAN OF SUBDIVISION AND
            IMPLEMENTING ZONING BY-LAW AMENDMENTS
            (SU 02-118676 (19TM-02016 – PHASE 4 AND 5) AND ZA 09-122509)
            (10.7, 10.5)

1) That the Development Services Commission report dated November 17, 2009 entitled “Preliminary Report, 1039954 Ontario Limited, Southwest corner of Major Mackenzie Drive & Ralph Chalmers Avenue, Wismer Commons Community – Proposed plan of subdivision and implementing zoning by-law amendments, File Numbers SU 02-118676 (19TM-02016-Phase 4 and 5) and ZA 09-122509 be received; and,

2) That the Record of the Public Meeting held on December 7, 2009, with respect to the applications by 1039954 Ontario Limited (19TM-02016-Phase 4 and 5) for Zoning By-law Amendment and Draft Plan of Subdivision, be received; and,

3) That upon completion of the review and evaluation by staff of the proposal submitted by 1039954 Ontario Limited (19TM-02016-Phase 4 and 5) for Draft Plan of Subdivision 19TM-01020, and if there are no outstanding issues, the draft plan be approved in accordance with the Delegation By-law; and further,

4) That the implementing zoning by-laws be finalized and enacted without further notice and staff proceed with the issuance of draft plan approval once the by-law has come into effect in accordance with the Planning Act.

CARRIED

(2)        GOLDEN-HAUER INVESTMENTS LIMITED
            ZONING BY-LAW AMENDMENT APPLICATION
            TO PERMIT A RETAIL USE ASSOCIATED WITH THE
            PRIMARY INDUSTRIAL USE AT 319 DENISON STREET
            (ZA 09 121192) (10.5)

1) That the record of the Public Meeting held on December 7, 2009, with respect to “Golden-Hauer Investments Limited, Zoning By-law amendment application to permit a retail use associated with the primary industrial use at 319 Denison Street (File No. ZA 09 121192),” be received; and,

2) That the Zoning By-law amendment application (File No. ZA 09 121192) to amend Zoning By-law 108-81, as amended, submitted by Golden-Hauer Investments Limited to permit a retail use associated with the primary industrial use at 319 Denison Street be approved and the draft Zoning By-law amendment be enacted without further notice.

CARRIED

6(e) REPORT NO. 81 - GENERAL COMMITTEE (December 14, 2009)

Council consented to separate Item Nos. 3, 4, 8 and 10.

Moved by Regional Councillor J. Virgilio

Seconded by Regional Councillor G. Landon

That Report No. 81 - General Committee comprised of 10 items be received and adopted, except Item Nos. 3, 4, 8 and 10. (See following Item Nos. 3, 4, 8 and 10).

(1) AMENDMENT TO BANK SIGNING AUTHORITY (7.0)

1) That the report dated entitled “Amendment to Bank Signing Authority” be received; and,

2) That cheques issued by the Corporation for the Town of Markham be signed by the Mayor, and one of the Treasurer or the Commissioner of Corporate Services; and,

3) That the Mayor, and one of the Treasurer or the Commissioner of Corporate Services be authorized to sign contracts for new banking services with the Town of Markham’s Council approved financial institution (bank); and,

4) That the Mayor, and one of the Treasurer or the Commissioner of Corporate Services be authorized to approve the set up of new vendor templates for repetitive on-line wire transfers; and,

5) That the Treasurer or the Commissioner of Corporate Service be authorized to approve on-line wire transfers, once payment has been approved in accordance with the Expenditure Control Policy; and,

6) That the Treasurer or the Commissioner of Corporate Services be authorized to approve investing of Town funds in accordance with the Town’s Investment Policy; and further,

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

CARRIED

(2) APPOINTMENT OF TREASURER (7.0)

1) That, in accordance with Subsection 286 (1) of the Municipal Act, 2001, a by-law be passed to appoint Andy Taylor as Treasurer for the Corporation of the Town of Markham effective January 8, 2010; and

2) That By-law 2001-20 be repealed effective January 8, 2010.

(By-law 2009-197)

CARRIED

(3) MUNICIPAL ELECTION CANDIDATE CONTRIBUTION
REBATE PROGRAM (14.0)

Report Presentation

1) That the Report entitled “Municipal Election Candidate Contribution Rebate Program” be received; and,

2) That Council adopt Option 1 as outlined in the Report entitled “Municipal Election Candidate Contribution Rebate Program”; and further,

3) That a By-law be enacted to implement a Town of Markham Municipal Election Candidate Contribution Rebate Program based on Option 1.

(By-law 2009-198)

CARRIED BY A RECORDED VOTE (12:1)

(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 E. Shapero, Councillor D. Hamilton, Councillor C. Moretti, Councillor J. Webster, Councillor L. Kanapathi, Councillor A. Chiu. (12)

NAYS: Councillor D. Horchik. (1)

(4) ISSUANCE OF TAX REBATES FOR MUNICIPAL
ELECTION CAMPAIGN CONTRIBUTIONS (14.0)

1) That the Town of Markham request the Province of Ontario to grant municipalities the authority to issue income tax receipts to municipal election campaign contributors.

CARRIED BY A RECORDED VOTE (12:1)

(See following recorded vote)

YEAS: Mayor F. Scarpitti, Deputy Mayor J. Heath, Regional Councillor G. Landon, Regional Councillor J. Virgilio, Councillor V. Burke, Councillor E. Shapero, Councillor D. Hamilton, Councillor C. Moretti, Councillor J. Webster, Councillor D. Horchik, Councillor L. Kanapathi, Councillor A. Chiu. (12)

NAYS: Regional Councillor J. Jones. (1)

(5) CONTRACT EXTENSION FOR STREET LIGHTING
MAINTENANCE RE, REPAIR AND
RELAMPING PROGRAM (5.19)

Report 1 2 3

1) That the report entitled “Contract Extension for Streetlighting Maintenance , Repair and Relamping Program” be received; and,

2) That the Contract Extension for 2010 Streetlight Maintenance and Repair be awarded to PowerStream in the estimated amount of $780,000 exclusive of GST; and,

3) That the 2010 Streetlight Relamping Program contract be awarded to PowerStream in the estimated amount of $145,000 exclusive of GST; and,

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

5) That funds be provided from account #720 720 5497 Streetlighting Maintenance and Repair in the total amount of $925,000 of the Town’s 2010 Operating Budget; and,

6) That the Town and PowerStream continue to work together on an ongoing basis to review options to enhance service delivery and cost efficiencies, share information and exchange data to control the 2010 expenditures; and further,

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

CARRIED

(6) 2010 GENERAL INSURANCE
AND RISK MANAGEMENT PROGRAM (7.0)

1) That the report dated December 14, 2009 entitled “2010 General Insurance and Risk Management Program” be received; and,

2) That the 2010 General Insurance Program commencing January 1, 2010 to December 31, 2010 be awarded to Jardine Lloyd Thompson (“JLT”) the highest ranked and lowest priced proponent in the amount of $1,040,613 inclusive of PST where applicable ($973,958 exclusive of PST), provided JLT enters into a contract with the Town in a form acceptable to the Treasurer and the Town Solicitor (“Contract”); and,

3) That the Mayor and Clerk be authorized to execute the Contract on behalf of the Town, in a form acceptable to the Treasurer and the Town Solicitor; and,

4) That Staff obtain a premium quote for the heritage replacement cost on Town heritage buildings and implement coverage after obtaining independent professional appraisals on all heritage properties and/or historic buildings; and,

5) That the Town’s insurance liability deductible be increased from $50,000 to $100,000 and be funded from the existing 2010 insurance budget; and,

6) That the net savings (currently $654,910) related to the difference between 2010 insurance budget ($1,745,523) and the RFP award ($1,040,613) be transferred to the Insurance Reserve, account number 086 2700 300; and,

7) That Staff retain the services of RiskPro Risk Management Consulting (RiskPro), at an upset limit of $5,000, to ensure that the Town receives the upgraded coverage endorsements agreed to by JLT, and to review the final policy wordings for completeness and accuracy; and,

8) That the Treasurer be authorized to extend the contract for General Insurance and Risk Management Program for the period January 1, 2011 to June 30, 2011 at 50% of the 2010 expiring premium; and,

9) That the Treasurer be authorized to extend the contract for General Insurance and Risk Management Program for three (3) additional one year periods, provided that it is in the best interest of the Town and the premium increase per year does not exceed 5% of the cost of the previous years' insurance program, exclusive of annual coverage changes; and further,

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

CARRIED

(7) EXTENSION OF 092-S-04 SUPPLY
INSTALLATION AND
MAINTENANCE OF WATER METERS (5.3)

1) That the report “Extension of 092-S-04 Supply, Installation and Maintenance of Water Meters be received”; and,

2) That contract 092-S-04 for Supply, Installation and Maintenance of Water Meters be extended to Neptune Technology Group (Canada) Ltd. for a 2-year term from November 1, 2009 to October 31, 2011, for an estimated annual contract amount of $1,000,000 exclusive of GST; and,

3) That the Director of Operations be authorized to extend the contract for Supply, Installation and Maintenance of Water Meters for one (1) additional year period, provided that it is in the best interest of the Town; and,

4) That the tendering process be waived in accordance with Purchasing By-Law 2004-341, Part II, Section 7, Non Competitive Procurement, “ When the extension of an existing contract would prove more cost-effective or beneficial”; and,

5) That Staff be authorized to retain an external consultant during the contractual period to assess the best business model beyond this contractual term; and,

6) That the November to December 2009 costs, estimated at $257,795 shall be funded from the respective operating and capital accounts shown in the financial considerations section; and,

7) This contract be funded annually from the Waterworks capital accounts for water meter replacement, and the Waterworks operating accounts for meter repair and maintenance as shown in the financial considerations section; and,

8) That the 2011 purchase order be adjusted for growth (number of water meters) based on the approved budget; and,

9) That pricing for the first and second year term in 2010 and 2011 be at the same 2009 itemized pricing; and,

10) That the Mayor and the Clerk be authorized to execute the contract with Neptune Technology Group (Canada) Ltd. in a form acceptable to the Town Solicitor; and further,

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

CARRIED

(8) APPLICATION TO BUILDING CANADA FUND
STIMULUS FUND FOR THE
BIRCHMOUNT ENERGY CENTRE (7.0)

Report Attachment Figure1

1) That the report entitled “Application to Building Canada Fund Stimulus Fund the Birchmount Energy Centre” be received; and,

2) That the Commissioner of Corporate Services be directed to submit an application for the Birchmount Energy Centre project as outlined in the report to the Government of Canada and the Province of Ontario under the Building Canada Fund Stimulus Fund program; and,

3) That the Town proceed with the project at an upset limit of $13,055,000 ($14,624,000 less land cost of $1,569,000) on a 1/3 shared basis with the Province of Ontario, and Government of Canada and the Town of Markham; and,

4) That the Town of Markham’s share of $4,351,667 for the project be funded from the Lifecycle Replacement and Capital Reserve Fund; and,

5) That staff report back to Council with a draft lease agreement for the Birchmount Energy Centre with Markham District Energy Inc; and further,

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

CARRIED

(9) EAST MARKHAM COMMUNITY
CENTRE LIBRARY- TENDER (6.6)

Report Presentation

1) That the presentation by D. Balmer, Partner, Shore Tible Irwin & Partners, entitled “East Markham Community Centre” be received; and,

2) That the report titled “East Markham Community Centre & Library – Tender” be received; and,

3) That the presentation by Shore Tilbe Irwin & Partners highlighting the final design and colours and finishes be received; and,

4) That Council approval of the site plan application for the EMCC&L be delegated to the Director of Planning and Urban Design, or her designate; and,

5) That Council confirm delegation of site plan approval for the abutting Markham District Energy building to the Director of Planning and Urban Design, or her designate; and,

6) That Council authorizes Staff to proceed with tendering to the pre-qualified General Contractors for the construction phase of the project; and,

7) That Council authorizes Staff to award a construction contract to the lowest compliant bidder if the price is within the approved budget; and further,

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

CARRIED

(10) AWARD OF CONTRACT 345-S-09 –
INFRASTRUCTURE STIMULUS ENERGY
RETROFIT – IMPLEMENTATION OF
FACILITY IMPROVEMENT MEASURES (5.0)

1) That the report titled, “Award of Contract 345-S-09 - Infrastructure Stimulus Energy Retrofit – Implementation of Facility Improvement Measures” be received; and,

2) That Council authorize the installation of energy saving Facility Improvement Measures (FIM) in nine Town of Markham Facilities, as listed in the attached itemized breakdown (see Appendix B) for a total investment of $1,265,814; and,

3) That the tendering process be waived for the contractual agreements with Johnson Controls L.P. and Siemens Building Technologies for the implementation of the energy saving measures in accordance with Purchasing By-Law 2004-341, Part II, Section 7 Non Competitive Procurement, item 1 (g) where it is in the Town’s best interest not to solicit a competitive bid; and,

4) That contract 345-S-09 be awarded to Johnson Controls LP in the amount of $724,507.00 inclusive of bonding and insurance coverage and excl. of GST for the following facilities;

- Angus Glen Community Centre

- Civic Centre

- Rouge River Community Centre

- Morgan Pool; and,

5) That contract 345-S-09 be awarded to Siemens Building Technologies, Ltd. in the amount of $541,307.00 inclusive of bonding and insurance coverage and excl. of GST for the following facilities;

- 8100 Warden Avenue

- Markham Village Library

- Thornlea Pool

- Thornhill Community Centre

- Armadale Community Centre; and,

6) That Council authorize the retrofit of sport lighting in Town-owned arenas for a total estimated investment budget of $210,000; and,

7) That Council authorize the planning for installation of photovoltaic solar panel system on 8100 Warden Avenue warehouse roof, for a total estimated investment budget of $1,125,515; and,

8) That the Director of Sustainability Office be authorized to apply for Ontario Feed-in tariff and other applicable incentives; and,

9) That Council authorize the installation of an additional photovoltaic solar panel system on 8100 Warden Avenue warehouse roof, for a total upset limit of $1,400,000 to be funded from the Life Cycle reserve fund, this amount being over and above the recommendation 7; and,

10) That the estimated annual energy rebate from Ontario’s Feed-in-Tariff (FIT) program for the 250kW roof top array (in amount of $178,250 a year) be built into 8100 Warden’s Operating Budget with the first $1,400,000 (dependant upon tender award) plus lost interest going towards the Lifecycle Reserve for the capital project payback, the rest of which will be used to offset annual hydro costs. This estimated amount will be adjusted in future years’ budgets based on the actual amount received; and,

11) That Council authorize Staff to complete design, contract documents and tender for construction of the photovoltaic solar panel system on 8100 Warden Avenue warehouse roof. Staff will report back to Council for the award of the construction tender; and,

12) That Council authorize Staff to retain Consultants for preparation of design drawings, preparation of tender documents and services of construction contract administration at an estimated cost of $100,000; and,

13) That the remaining project budget of $150,000 be allocated as contingency for all of the above listed energy retrofit and green initiatives, and expended in accordance to the Town’s Expenditure Control Policy”; and,

14) That the proposed energy savings from the Energy Services Companies (ESCO) (Johnson Controls - $137,604/year & Siemens - $55,779/year as shown in Appendix B) be tracked by Asset Management and reported by the Sustainability Office annually and a portion of the dollar savings go toward the evaluation and potential purchase of an enterprise energy management system with automated data acquisition. A report will be brought forward for approval of the enterprise energy management system purchase once evaluation is complete; and,

15) That the awards be funded from capital budget account 056-5350-9517-005 (345-S-09 Energy Retrofit & Green Initiatives (Federal Stimulus); and further,

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

CARRIED

6(f) REPORT NO. 82 - DEVELOPMENT SERVICES COMMITTEE
(December 14, 2009)

Council consented to separate Item Nos. 5 and 9.

Moved by Councillor J. Webster

Seconded by Councillor D. Horchik

That Report No. 82 - Development Services Committee comprised of 9 items be received and adopted, except Item Nos. 5 and 9. (See following Item Nos. 5 and 9)

(1) VETMAR NEIGHBOURHOOD DESIGN BRIEF (10.0)

1) That the Development Services Commission Report dated December 14, 2009, Entitled “Vetmar Neighbourhood Design Brief” be received; and,

2) That the “Vetmar Neighbourhood Design Brief”, attached to the December 14, 2009 report, prepared by STLA Design Strategies be approved in principle; and,

3) That all development applications within the Vetmar Neighbourhood be reviewed to ensure compliance with the “Vetmar Neighbourhood Design Brief”; and,

4) That the following additional changes be incorporated into the “Vetmar Neighbourhood Design Brief”, to the satisfaction of the Commissioner of Development Services:

· A revision to the Design Brief Land Use Plan to reflect the layout in the approved plan of subdivision, to the satisfaction of the Commissioner of Development Services.

· A revision to the Built Form Section – Community Amenity Area section to revise the text to indicate that the materials and character of development should respond to the vernacular of the area to the satisfaction of the Commissioner of Development Services.

· A revision to the Open Space System Section under “Hedgerow” to include a reference to the approved Tree Preservation Plan to the satisfaction of the Commissioner of Development Services; and,

5) That the Commissioner of Development Services be authorized to approve any future required revisions to the Vetmar Neighbourhood Design Brief; and further,

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

CARRIED

(2) MONTGOMERY COURT PARKING
PROHIBITION REMOVAL (5.12.4)

1) That the report entitled “Montgomery Court Parking Prohibition Removal”, be received; and,

2) That Schedule “C” of Parking By-law 2005-188 be amended to rescind the existing parking prohibition on Montgomery Court, between the west limit of Lot # 1, Plan 65M-2132 and 45 metres west along the cul-de-sac; and,

3) That the Operations Department be directed to remove the appropriate signs at the subject locations, to be funded through the Operations Department account # 83-5399-8402-005; and further,

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

CARRIED

(3)        WYNBERRY DEVELOPMENTS INC. (PHASE 3)
            EAST OF MINGAY AVENUE AND NORTH OF
            EDWARD JEFFREYS AVENUE
            WISMER COMMONS COMMUNITY
            IMPLEMENTING ZONING BY-LAW AMENDMENTS
            FOR THE FINAL PHASE OF A DRAFT PLAN OF
            SUBDIVISION 19TM-01020
            (ZA 09-119148 AND SU 01-119048) (10.5)

1) That the report entitled “Recommendation Report, Wynberry Developments Inc. (Phase 3) East of Mingay Avenue and north of Edward Jeffreys Avenue, Wismer Commons Community, Implementing Zoning By-law amendments for the final phase of draft plan of subdivision 19TM-01020, File Numbers ZA 09-119148 and SU 01-119048, dated December 14, 2009” be received; and,

2) That the application ZA 09-119148 for amendments to Zoning By-laws 304-87 as amended and 177-96, as amended, be approved; and,

3) That the draft amendments to Zoning By-laws 304-87, as amended and 177-96, as amended, attached to this report (Appendices ‘A’ and ‘B’) be finalized and enacted without further notice; and,

4) That conditional 2011 servicing allocation for 28.5 units (88.2 population) be granted to plan of subdivision 19TM-01020 – Phase 3, from the total allocation for the Wismer Commons community, assigned in accordance with the February 12, 2008 report on servicing allocation; and further,

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

CARRIED

(4)        APPLICATIONS FOR INDUSTRIAL DRAFT PLAN
            OF SUBDIVISION AND ZONING BY-LAW AMENDMENT BY
            11160 WOODBINE AVENUE LIMITED AND 11258 WOODBINE AVENUE
            LIMITED (RICE GROUP)
            WEST SIDE OF WOODBINE AVENUE, NORTH OF ELGIN MILLS ROAD
            (11160 WOODBINE AVENUE AND 11258 WOODBINE AVENUE)
            HIGHWAY 404 NORTH PLANNING DISTRICT (EMPLOYMENT LANDS)
            (SU 07 128278 & ZA 07 128288) (10.7, 10.5)

Report Attachment Memo

1) a) That the report dated December 14, 2009, entitled “Recommendation Report - Applications for Industrial Draft Plan of Subdivision and Zoning By-law Amendment by 11160 Woodbine Avenue Limited and 11258 Woodbine Avenue Limited (Rice Group) - West side of Woodbine Avenue, north of Elgin Mills Road (11160 Woodbine Avenue and 11258 Woodbine Avenue) - Highway, 404 North Planning District (Employment Lands), File Nos. SU 07 128278 & ZA 07 128288” be received; and,

b) That the Staff memorandum dated December 14, 2009, entitled “Revised Pre Conditions and Draft Plan Conditions supporting Item 16 - Recommendation Report Applications for Industrial Draft Plan of Subdivision and Zoning By-law Amendment by 11160 Woodbine Avenue Limited and 11258 Woodbine Avenue Limited (Rice Group) West side of Woodbine Avenue, north of Elgin Mills Road (11160 Woodbine Avenue and 11258 Woodbine Avenue) Highway 404 North Planning District (Employment Lands), be received; and,

2) That the record of the public meeting held on June 17, 2008, relating to the applications for Zoning By-law Amendment and Draft Plan of Subdivision Approval by 11160 Woodbine Avenue Limited and 11258 Woodbine Avenue Limited (Rice Group), West side of Woodbine Avenue, north of Elgin Mills Road (11160 Woodbine Avenue and 11258 Woodbine Avenue) - Highway, 404 North Planning District (Employment Lands), be received; and,

3) That Draft Plan of Subdivision 19TM-07002 prepared by Masongsong Associates Engineering Limited, identified as Project Number 07331 dated November 30, 2009, be approved subject to conditions of draft plan approval set out in Appendix ‘A’ to this memo; and,

4) That the draft amendments to Zoning By-laws 304-87 and 177-96 attached to this report as Appendices B and C, be finalized and enacted; and,

5) That the draft plan approval for plan of subdivision 19TM-07002 will lapse after a period of three years commencing on the date of issuance of draft plan approval, in the event that a subdivision agreement is not executed within that period;

6) That the Director of Planning and Urban Design be directed to issue draft approval when the following requirements have been complied with:

a. That the Owner enter into a No Presale Agreement with the Town applying specifically to Blocks 11-13 of draft plan 19TM-07002, which agreement shall be registered on title, committing the Owner not to enter into any agreements of purchase and sale with anyone, including other developers or builders, for the subject blocks, until the following conditions have been met:

Either

1 i) A Feasibility Study/Class Environmental Assessment confirming the need and justification for the potential crossing of Highway 404 has been established and approved by the Region of York, the Town of Richmond Hill, the Town of Markham and the Ministry of the Environment and the appeal period has expired without a Part 2 Order (Bump-up);

ii) The preliminary alignment of the Highway 404 crossing and applicable right-of-way has been established by the Town of Markham in consultation with the Region of York; and,

iii) The draft plan of subdivision has been revised to incorporate any changes relating to the Highway 404 Flyover right-of-way and adjacent blocks resulting from the approved Class Environmental Assessment, to the Town’s satisfaction.

2. i) Written confirmation from the Region of York that the Feasibility Study/Class Environmental Assessment referred to Section 6.a.1.i) has not established the need and justification for a Highway 404 crossing in this location.

3. i) Should the Feasibility Study/Class Environmental Assessment Study not be approved by December 31, 2011, the No Presale Agreement may be lifted on the subject blocks and released for registration.

b. That the Owner execute a Tri-Party Agreement with the Town and the Region by January 31, 2010, to the satisfaction of the Town Solicitor and the Director of Engineering for the construction, funding and road dedication of phase 2b, 3a & 3b of the Woodbine By-Pass. At the sole discretion of the Director of Engineering, the Tri-Party Agreement execution date may be deferred and the Owner acknowledges and agrees that draft approval will not be issued until the Tri-Party Agreement is executed; and,

7) That the Mayor and Clerk be authorized to enter into a No Presale Agreement with the Owner of Plan 19TM-07002; and further,

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

CARRIED

(5)        LANGSTAFF GATEWAY LAND USE
            & BUILT FORM MASTER PLAN AND
            PROPOSED OFFICIAL PLAN AND
            SECONDARY PLAN AMENDMENT (10.3, 10.4)

1) That the report entitled “Langstaff Gateway Land Use & Built Form Master Plan and proposed Official Plan and Secondary Plan Amendment” be received; and,

2) That Development Services Committee receive and endorse in principle the Langstaff Land Use & Built Form Master Plan, prepared by Calthorpe Associates and Ferris + Associates Inc., dated October 2009 as the basis for amendments to the Town’s Official Plan and a new Secondary Plan for the Langstaff area of Thornhill; and,

3) That the Langstaff Land Use & Built Form Master Plan be referred to the Thornhill Subcommittee for their comments and report back to the Development Services Committee prior to the Public Meeting; and,

4) That staff be authorized to schedule a Public Meeting and ensure that Mr. Peter Calthorpe is available to present the Master Plan, after the servicing study is received and reviewed, to consider the Official Plan and Secondary Plan amendment; and,

5) That staff report back to Development Services Committee prior to the Public Meeting with drafts of the proposed Official Plan and Secondary Plan amendments, and supporting Transportation and Servicing reports; and further,

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

CARRIED

(6)        GOLDBRITE TRADING COMPANY LTD.
            ZONING BY-LAW AMENDMENT AND
            SITE PLAN APPLICATIONS TO PERMIT A
            DAY CARE CENTRE AT 7750 KENNEDY ROAD
            (SOUTH-WEST CORNER OF KENNEDY ROAD AND 14TH AVENUE)
            (ZA 09 116954 & SC 09 122391) (10.5, 10.6)

1) That the report dated December 14, 2009 titled “RECOMMENDATION REPORT, Goldbrite Trading Company Ltd. Zoning By-law amendment and site plan applications to permit a day care centre at 7750 Kennedy Road, (South-west corner of Kennedy Road and 14th Avenue) File Nos: ZA 09 116954 & SC 09 122391,” be received; and,

2) That the Zoning By-law amendment application (ZA 09 122391) submitted for 7750 Kennedy Road be approved, and that the draft implementing Zoning By-law amendment be finalized and enacted at a later date, upon finalization of the site plan issues identified in this report; and,

3) That Site Plan be endorsed and final approval be delegated to the Director of Planning and Urban Design, or her designate, to be issued following execution of a Site Plan Agreement. Site Plan approval is issued only when the Director has signed the Site Plan; and further,

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

CARRIED

(7)        CHARTWELL SENIORS HOUSING REIT
            ZONING BY-LAW AMENDMENT AND
            SITE PLAN CONTROL APPLICATIONS TO
            PERMIT AN ASSISTED LIVING RETIREMENT RESIDENCE
            AT 380 CHURCH STREET
            (ZA 08-116099 AND SC 08-130611) (10.5, 10.6)

1) That the report entitled “RECOMMENDATION REPORT, Chartwell Seniors Housing REIT, Zoning By-law Amendment and Site Plan Control applications to permit an assisted living retirement residence at 380 Church Street, File Nos. ZA 08-116099 and SC 08-130611”, dated December 14, 2009 be received; and,

2) That the application submitted by Chartwell Seniors Housing REIT to amend Zoning By-laws 1229 and 304-87, as amended, be approved, and the draft by-laws attached as Appendices ‘A’ and ‘B’, be finalized and enacted without further notice; and,

3) That the Site Plan Application (SC 08-130611) submitted by Chartwell Seniors Housing REIT to permit a 5-storey, 103-suite assisted living retirement residence at 380 Church Street be endorsed in principle, subject to the conditions set out in Appendix ‘C’ to this report; and,

4) That site plan approval be delegated to the Director of Planning and Urban Design or her designate, to be issued following execution of a site plan agreement. Site Plan approval is issued only when the Director or her designate has signed the site plan; and further,

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

CARRIED

(8)        APPLICATIONS BY VETMAR LTD.
            TO PERMIT A MIXED USE (INDUSTRIAL
            COMMUNITY AMENITY AND RESIDENTIAL)
            DRAFT PLAN OF SUBDIVISION AND REZONING
            WITHIN THE HIGHWAY 404 NORTH PLANNING DISTRICT
            AT 11050 WOODBINE AVENUE
            (SU 07 127303 & ZA 07 127193) (10.7, 10.5)

1) That the report dated December 14, 2009, entitled “Recommendation Report: Applications by Vetmar Ltd., to permit a Mixed Use (Industrial, Community Amenity and Residential) Draft Plan of Subdivision and Rezoning within the Highway 404 North Planning District at 11050 Woodbine Avenue (File Nos.: SU 07 127303 & ZA 07 127193)” be received; and,

2) That Draft Plan of Subdivision 19TM-07001 prepared by Flato Management Inc., dated June 2009 and revised on November 11, 2009, be approved subject to conditions of draft plan approval set out in Appendix ‘A’ to this report; and,

3) That the draft amendments to Zoning By-laws 304-87, as amended and 177-96, as amended, attached to this report (Appendices B and C) be finalized and enacted once the No Presale agreements are executed between the owners and the Town; and,

4) That conditional 2011 servicing allocation for 266 units (808.2 pop.) be granted to plan of subdivision 19TM-07001 from the total allocation for the Highway 404 North Community, assigned in accordance with the May 19, 2009 report on servicing allocation; and,

5) That the Director of Planning and Urban Design be directed to issue draft approval when the following requirements have been complied with:

a. That the owner enter into a No Presale agreement with the Town applying to the residential lots/blocks which agreement shall be registered on title, committing the Owner not to enter into any agreements of purchase and sale with anyone, including other developers or builders, for the subject lands (19TM-07001), until York Region has advised in writing that the expected completion of the Duffin Creek Water Pollution Control Plan expansion project and the YDSS Flow Control Structures project will be within twelve (12) months;

b. That the Owner provide to the Town the required payment of 30% subdivision processing fees in accordance with the Town’s Fee By-law; and,

c. That the Owner execute a Tri-Party Agreement with the Town and the Region by January 31, 2010, to the satisfaction of the Town Solicitor and the Director of Engineering for the construction, funding and road dedication of phases 2b, 3a & 3b of the Woodbine By-Pass.

6) That Mayor and Clerk be authorized to enter into a No Presale Agreement with the Owner for the residential/mixed use component of Plan 19TM-07001; and,

7) That the Town reserves the right to revoke or reallocate the servicing allocation should the development not proceed in a timely manner or the owner fails to execute the tri-party agreement with the Region of York and the Town of Markham regarding the Woodbine By-Pass; and,

8) That the Region of York be advised of the servicing allocation for this development; and,

9) That the draft plan approval for plan of subdivision 19TM-07001 will lapse after a period of three years commencing on the date of issuance of draft plan approval, in the event that a subdivision agreement is not executed within that period; and further,

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

CARRIED

(9) GREEN MANUFACTURING EXPO AND CONFERENCE
– ANAHEIM, CALIFORNIA, FEBRUARY 9 – 11, 2010 (10.16)

1) That the report entitled “Green Manufacturing Expo and Conference – Anaheim, California” be received; and,

2) That the Town be represented at the Green Manufacturing Expo and Conference by the Senior Business Development Officer at a cost not to exceed C$3,000.00; and,

3) That the cost of attending the Expo and conference be expensed from within the approved 2010 Economic Development Travel budget: 610-9985201; and further,

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

CARRIED

Council consented to delete the following paragraph:

"That Councillor Erin Shapero attend the Green Manufacturing Expo and Conference and that the cost of travel and overnight accommodations be funded through her discretionary budget;"

7. MOTIONS

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

(1) TRANSIT CONCEPT
- RICHMOND HILL/LANGSTAFF GATEWAY (5.10)

Moved by Regional Councillor J. Jones

Seconded by Councillor E. Shapero

That the Council of the Town of Markham request the Province of Ontario and Metrolinx engage an independent, world class engineering firm to design an efficient interface between the 407 Transitway, proposed Yonge subway extensions, Richmond Hill GO-Transit line, York Region VIVA and York Region Transit services.

CARRIED

(2/3 Vote of Council was obtained)

(2) BENTLEY STREET, AMBER STREET AND
MCPHERSON STREET PARKING PROGRAMS (2.17)

Moved by Councillor A. Chiu

Seconded by Councillor D. Hamilton

That staff be requested to review the possible implementation of Paid Parking Program or Permit Parking Program on Bentley Street, Amber Street and McPherson Street.

CARRIED

(2/3 Vote of Council was obtained)

8. NOTICES OF MOTIONS

There were no Notices of Motions.

9. COMMUNICATIONS

Council consented to add Communication Nos. 73-2009 and 74-2009.

Moved by Councillor C. Moretti

Seconded by Councillor D. Hamilton

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

Referred to all Members of Council

72-2009 Minister of Citizenship and Immigrant of Ontario - Calling nominations for the following Programs:

- Volunteer Service Awards (VSA) (In recognition of continuous years of service with a community organization - Nomination closing date is January 25, 2010).

- June Callwood Outstanding Achievement Award (JCOAA) (Awarded for superlative volunteer work undertaken by individuals, groups or businesses - Nomination closing date is January 15, 2010).

- Ontario Medal for Young Volunteers (OMYV) (Presented to outstanding young volunteers between the ages of 15 and 24 - Nomination closing date is January 31, 2010). (13.2)

73-2009 Signe Leisk, Cassels Brock & Blackwell LLP, on behalf of the property owner of 185 Renfrew Drive - Forwarding their objection with respect to the passage of zoning by-law amendment for Peoples Christian Academy to permit a private school and nursery school in the existing warehouse building at 245 Renfrew Drive. (10.5 and 10.6) (By-law 2009-193)

74-2009 Lindsay Dale-Harris, Bousfield Inc. - Forwarding a copy of the response sent to Signe Leish, Cassels Brock & Blackwell LLP, with respect to the passage of zoning by-law amendment for Peoples Christian Academy to permit a private school and nursery school in the existing warehouse building at 245 Renfrew Drive. (10.5 and 10.6) (By-law 2009-193)

Moved by Regional Councillor J. Virgilio

CARRIED

10. PROCLAMATIONS

There were no proclamations.

11. NEW/OTHER BUSINESSES

(1) REGION OF YORK OFFICIAL PLAN (10.17)

Council inquired about the status of the Region of York Official Plan. Mayor F. Scarpitti advised the matter is scheduled to be considered by Regional Council on December 16, 2009.

12. BY-LAWS

Council consented to separate By-law 2009-192 and to add By-laws 2009-197 to 2009-211.

Moved by Councillor A. Chiu

Seconded by Councillor D. Hamilton

That By-laws 2009-173 to 2009-191, 2009-193 to 2009-195, and 2009-197 to 2009-211 be given three readings and enacted.

CARRIED

Seconded by Councillor D. Hamilton

That By-law 2009-192 with respect to the zoning by-law amendment application submitted by Embee Properties Limited, 8675 McCowan Road, be deferred to the January 19, 2010 Council meeting to allow staff time to meet with the applicant and the Mayor to address Council's concerns regarding the exterior façade of the buildings.

CARRIED BY A RECORDED VOTE (11:2)

(See following recorded vote)

NAYS: Regional Councillor J. Jones, Councillor D. Horchik. (2)

Three Readings

BY-LAW 2009-173 A by-law to authorize temporary borrowing to meet the expenditures of the Town of Markham until taxes are collected and other revenues received during the year 2010 (2010 Temporary Borrowing By-law).

(Item No. 3, Report No. 77)

BY-LAW 2009-174 A by-law to establish streets laid out according to Plan of Subdivision 65M-3788 as public highway (Mattamy (Robinson Creek) Limited, Part of West Half of Lot 16, Concession 7 - Armando Drive, Barnstone Drive, Storybook Crescent, Tidewater Street & Roy Rainey Avenue).

(Item No. 2, Report No. 79)

BY-LAW 2009-175 A by-law to establish streets laid out according to Plan of Subdivision 64M-3800 as public highway (Culotta Markham Holdings Inc., Part of Lot 6, Concession 6 - Dunnet Street, Ramsgate Court & Weedon Road).

(Item No. 2, Report No. 79)

BY-LAW 2009-176 A by-law to establish streets laid out according to Plan of Subdivision 65M-3954 as public highway (Amber Plain Investments Limited, Part of Lots 16 and 17, Concession 7 - Golden Meadow Drive).

(Item No. 2, Report No. 79)

BY-LAW 2009-177 A by-law to establish streets laid out according to Plan of Subdivision 65M-3368 as public highway (Mattamy (Unionville) Inc., Part of Lot 20, Concession 6 - Castlemore Avenue, William Berczy Boulevard, Majestic Drive, Drawbridge Drive, Saxony Drive, Winston Castle Drive, Lancelot Lane, Trojan Crescent, The Bridge Walk, Sarum Crescent, King Henry Drive, Tower Bridge Crescent, Staffordshire Lane, Wiltshire Drive & Abbotsbury Lane).

(Item No. 2, Report No. 79)

BY-LAW 2009-178 A by-law to establish streets laid out according to Plan of Subdivision 65M-3830 as public highway (Cathedral Town Ltd., 404 Developments Inc., Slovak Greek Catholic Church Foundation, Part of Lots 23, 24 and 25, Concession 3 - Bonheur Road, Garden Avenue, Charity Crescent, Magic Avenue, Orr Farm Road, Reflection Road, Prince Regent Street, Father McGinn Road, Betty Roman Boulevard, Crescent Park Lane, Laneway 1, Laneway 2, Laneway 3, Laneway 4, Laneway 5, Laneway 6, Laneway 7, Laneway 8, Laneway 9, Laneway 11 & Laneway 12).

(Item No. 2, Report No. 79)

BY-LAW 2009-179 A by-law to establish streets laid out according to Plan of Subdivision 65M-3783 as public highway (Brawley Manor Corporation, Part of Lot 17, Concession 7 - Golden Meadow Drive & Hawksbury Road).

(Item No. 2, Report No. 79)

BY-LAW 2009-180 A by-law to establish streets laid out according to Plan of Subdivision 65M-3640 as public highway (Brawley Manor Corporation, Part of Lot 17, Concession 7 - Edward Jeffreys Avenue).

(Item No. 2, Report No. 79)

BY-LAW 2009-181 A by-law to establish streets laid out according to Plan of Subdivision 65M-3639 as public highway (Brawley Manor Corporation, Part of Lots 16 and 17, Concession 7 - Edward Jeffreys Avenue, Monkhouse Road, Spencer Avenue & Clarry Street).

(Item No. 2, Report No. 79)

BY-LAW 2009-182 A by-law to establish streets laid out according to Plan of Subdivision 65M-3638 as public highway (1055097 Ontario Limited, Part of Lot 17, Concession 6 - Hollylane Drive, Barkwood Hollow, Campden Place, Glenbrook Drive, Oxfordshire Street & Joseph Glover Avenue).

(Item No. 2, Report No. 79)

BY-LAW 2009-183 A by-law to establish streets laid out according to Plan of Subdivision 65M-3582 as public highway (1055097 Ontario Limited, Part of Lot 17, Concession 6 - Glenbrook Drive, Kentley Street, Wilfred Murison Avenue, Oxfordshire Street, Stonebridge Drive, Sharon Lee Drive & Lane Block 135).

(Item No. 2, Report No. 79)

BY-LAW 2009-184 A by-law to establish streets as public highway being Part of Lot 19, Concession 6, designated as Parts 1 to 7, Plan 65R-21540 (Kennedy MacKenzie Consix Investments Limited - Castlemore Avenue).

(Item No. 2, Report No. 79)

BY-LAW 2009-185 A by-law to amended Traffic By-law 106-71 (Compulsory Stops - 65M-3788, Part of West Half of Lot 16, Concession 7, 65M-3800, 65M-3954, 65M-3830, 65M-3368, 65R-21540, Part 7, 65M-3582 65M-3638, 65M-3783, 65M-3639 and 65M-3640).

(Item No. 2, Report No. 79)

BY-LAW 2009-186 A by-law to amended Speed By-law 105-71 (To define a maximum speed of 50 Kilometers per hour - Prince Regent Street (From Betty Roman Boulevard to Prince Regent Street House #143/145 and Betty Roman Boulevard (from Woodbine Avenue to House #96).

(Item No. 2, Report No. 79)

BY-LAW 2009-187 A by-law to amended Speed By-law 105-71 (To define a maximum speed of 40 Kilometers per hour - 65M-3788, Part of West Half of Lot 16, Concession 7, 65M-3800, 65M-3954, 65M-3830, 65M-3368, 65R-21540, Part 7, 65M-3582 65M-3638, 65M-3783, 65M-3639 and 65M-3640).

(Item No. 2, Report No. 79)

BY-LAW 2009-188 A by-law to amend Parking By-law 2005-188 (Prohibit parking - 65M-3788, Part of West Half of Lot 16, Concession 7, 65M-3800, 65M-3954, 65M-3830, 65M-3368, 65R-21540, Part 7, 65M-3582 65M-3638, 65M-3783, 65M-3639 and 65M-3640).

(Item No. 2, Report No. 79)

BY-LAW 2009-189 A by-law to authorize the 2010 interim tax levy.

(Item No. 2, Report No. 78)

BY-LAW 2009-190 To amend Sewer By-law 436-86 (Revise Penalty Clause in accordance with Provincial Offences Act).

BY-LAW 2009-191 A by-law to dedicate certain lands as part of the highways of the Town of Markham (Block 349, 65M-3888 - White's Hill Avenue; Block 356, 65M-3888 - Shady Oaks Avenue; Block 175, 65M-4014 - Lane W; Block 178, 65M-4014 - Cornell Rouge Boulevard; Block 181, 65M-4014 - John Allan Cameron; Block 182, 65M-4014 - Lane V; Block 185, 65M-4014 - Albert Lewis Street).

BY-LAW 2009-192 A by-law to amend By-law 1229, as amended (Embee Properties Limited, 8675 McCowan Road - To provide for an expanded range of commercial uses).

(Item No. 1, Report No. 74) DEFERRED

BY-LAW 2009-193 A by-law to amend By-law 165-80, as amended (Peoples Christian Academy, 245 Renfrew Drive, Block 4, Plan 65M-2409, South of 16th Avenue, west of Woodbine Avenue - To permit a private school and nursery school to operate in the existing building on the subject property).

(Item No. 3, Report No. 74)

BY-LAW 2009-194 A by-law to amend By-law 304-87, as amended (1473092 Ontario Ltd. (Metrus Developments), Part of Lots 16, 17 and 18, Concession 9, south of Donald Cousens Parkway and east of 9th Line - To remove the subject lands from By-law 304-87, as amended, so that they may be incorporated into By-law 177-96, as amended, to permit the development of residential units).

(Item No. 3, Report No. 43, 2009)

BY-LAW 2009-195 A by-law to amend Zoning By-law 177-96, as amended (1473092 Ontario Ltd. (Metrus Developments), Part of Lots 16, 17 and 18, Concession 9, south of Donald Cousens Parkway and east of 9th Line - To permit the development of residential units)

(Item No. 3, Report No. 43, 2009)

BY-LAW 2009-197 A by-law to appoint a Treasurer for the Corporation of the Town of Markham (Andy Taylor) (Repeals By-law 2001-20).
(Item No. 2, Report No. 81)

BY-LAW 2009-198 A by-law to authorize the payment of rebates to residents of the Province of Ontario who make contributions to candidates for an office on the Town of Markham municipal council.

(Item No. 3, Report No. 81)

BY-LAW 2009-199 A by-law to amend Parking By-law 2005-188 (Montgomery Court parking prohibition removal).

(Item No. 2, Report No. 82)

BY-LAW 2009-200 A by-law to amend By-law 304-87, as amended (Wynberry Developments Inc. (Phase 3) East of Mingay Avenue and north of Edward Jeffreys Avenue, Wismer Commons Community, Concession 7, Part of Lot 17, RS 1174 Part 1 - To delete subject the lands from By-law 304-87, as amended, so they may be incorporated into By-law 177-96, as amended, to allow for residential uses).

(Item No. 3, Report No. 82)

BY-LAW 2009-201 A by-law to amend By-law 177-96, as amended (Wynberry Developments Inc. (Phase 3) East of Mingay Avenue and north of Edward Jeffreys Avenue, Wismer Commons Community, Concession 7, Part of Lot 17, RS 1174 Part 1 - To allow for residential uses).

(Item No. 3, Report No. 82)

BY-LAW 2009-202 A by-law to amend By-law 304-87, as amended (11160 Woodbine Avenue Limited and 11258 Woodbine Avenue Limited (Rice Group), west side of Woodbine Avenue, north of Elgin Mills Road - To delete the subject lands from By-law 304-87, as amended, so they may be incorporated into By-law 177-96, as amended, to allow for an industrial plan of subdivision).

(Item No. 4, Report No. 82)

BY-LAW 2009-203 A by-law to amend By-law 177-96, as amended (11160 Woodbine Avenue Limited and 11258 Woodbine Avenue Limited (Rice Group), west side of Woodbine Avenue, north of Elgin Mills Road - To allow for an industrial plan of subdivision).

(Item No. 4, Report No. 82)

BY-LAW 2009-204 A by-law to amend By-law 304-87, as amended (Chartwell Seniors Housing REIT (Woodhaven Retirement Residence), 380 Church Street - To delete the subject lands from By-law 304-87, as amended, so they may be incorporated into By-law 177-96, as amended, to permit a retirement home).

(Item No. 7, Report No. 82)

BY-LAW 2009-205 A by-law to amend By-law 1229, as amended (Chartwell Seniors Housing REIT (Woodhaven Retirement Residence), 380 Church Street - To permit a retirement home).

(Item No. 7, Report No. 82)

BY-LAW 2009-206 A by-law to amend By-law 304-87, as amended (Vetmar Ltd., 19TM-07001, Part of Lot 27 and 28, Concession, west side of Woodbine Avenue, north of Elgin Mills Road, 11050 Woodbine Avenue - To delete the subject lands from By-law 304-87, as amended, so they may be incorporated into By-law 177-96, as amended, to allow for a mixed use draft plan of subdivision).

(Item No. 8, Report No. 82)

BY-LAW 2009-207 A by-law to amend By-law 177-96, as amended (Vetmar Ltd., 19TM-07001, Part of Lot 27 and 28, Concession, west side of Woodbine Avenue, north of Elgin Mills Road, 11050 Woodbine Avenue - To allow for a mixed use draft plan of subdivision).

(Item No. 8, Report No. 82)

BY-LAW 2009-208 A by-law to designate part of a certain plan of subdivision not subject to Part Lot Control (Cornell Rouge Development Corporation (Phase 3), east of Cornell Centre Boulevard and south of 16th Avenue, Lots 1, 29, 44, 45, 63, 64 and 78, 65M-4093).

BY-LAW 2009-209 A by-law to amend Parking By-law 2005-188 (Bentley Street and Amber Street Parking Prohibition).

BY-LAW 2009-210 A by-law to amend By-law 304-87, as amended (Wismer Markham Developments Inc., Part of Lot 19 and 20, Concession 7, Wismer Community, south of Major Mackenzie Drive, west of Highway 48 - To remove the subject lands from By-law 304-87, as amended, so that they may be incorporated into By-law 177-96, as amended, to permit the development of residential units)

(Item No. 2, Report No. 38, 2009)

BY-LAW 2009-211 A by-law to amend Zoning By-law 177-96, as amended (Wismer Markham Developments Inc., Part of Lot 19 and 20, Concession 7, Wismer Community, south of Major Mackenzie Drive, west of Highway 48 - To permit the development of residential units)

(Item No. 2, Report No. 38, 2009)

CARRIED

13. IN-CAMERA ITEMS

Council consented to separate Item Nos. 1, 3, 5 and 6.

Moved by Councillor A. Chiu

Seconded by Councillor J. Webster

That In-camera Item Nos. 1, 2, 4 and 7 be received and adopted, except Item No. 1. (See following Item No. 1)

____________________________________

Moved by Regional Councillor J. Virgilio

Seconded by Councillor A. Chiu

That Council recess to re-convene Markham Enterprises Board of Directors meeting held earlier this date. (3:47 p.m.)

CARRIED

____________________________________

Moved by Regional Councillor J. Virgilio

Seconded by Councillor A. Chiu

That Council re-convene the Council meeting. (3:55 p.m.)

CARRIED

____________________________________

Moved by Regional Councillor G. Landon

Seconded by Councillor E. Shapero

That Council resolve into in-camera session to discuss In-camera Item Nos. 3, 5 and 6. (3:56 p.m.)

CARRIED

____________________________________

Moved by Regional Councillor G. Landon

Seconded by Councillor E. Shapero

That Council rise from in-camera session to re-convene regular session and report In-camera Item Nos. 3, 5 and 6. (4:08 p.m.) (See following Item Nos. 3, 5 and 6)

CARRIED

____________________________________

(1) TOWN OF MARKHAM
AUDITOR GENERAL REPORT -
CENTENNIAL COMMUNITY CENTRE
RENOVATION AND EXPANSION (7.0)

1) That the Auditor General confidential report titled “Centennial Community Centre Renovation and Expansion Project – Audit Report”, dated September 15, 2009, be received for information; and,

2) That the proposed Town staff action plans, developed in response to the Auditor General recommendations, be adopted; and further,

3) That Staff be authorized and directed to do all things necessary to implement the action plans detailed in the Report.

CARRIED

(Councillor C. Moretti abstained)

(See following motion to adopted)

Moved by Councillor A. Chiu

Seconded by Councillor J. Webster

That In-camera Item No. 1 titled “Centennial Community Centre Renovation and Expansion Project – Audit Report”, be adopted.

CARRIED

(2) LEGAL ACTION REGARDING
DAMAGED SANITARY SEWER
AT STEELCASE ROAD EAST (5.5)

1) That the confidential report entitled “Legal Action Regarding Damaged Sanitary Sewer at Steelcase Road East” be received; and,

2) That Waterworks staff be authorized to replace the damaged sanitary sewer, sewer manhole and sanitary sewer service connection on Steelcase Road East; and further,

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

CARRIED

(3) UPDATE: PROPOSED MAIN STREET (MARKHAM)
TOWN SQUARE (8.6)

1) That the matter regarding update on the Proposed Main Street (Markham) Town Square be deferred.

CARRIED

(See following motion)

Moved by Councillor C. Moretti

Seconded by Deputy Mayor J. Heath

That In-Camera Item No. 3 entitled “Update: Proposed Main Street (Markham) Town Square” be deferred.

CARRIED

(4) MTO/MARKHAM GREEN EXPROPRIATION -
RECOMMEND DIVISION OF SETTLEMENT
PROCEEDS BETWEEN THE TOWN AND IBM (8.10)

1) That the confidential report from the Town Solicitor entitled “MTO/Markham Green Expropriation – Recommended Division of Settlement Proceeds between the Town and IBM” be received; and,

2) That the Town and Markham Green Inc. (IBM) split the $463,000 expropriation settlement proceeds from the Ministry of Transportation for the Province of Ontario relating to historical business losses on a 50-50 basis; and,

3) That the Mayor and Clerk be authorized to execute any necessary documentation to give effect to the forgoing resolution, said documentation to be in a form and content satisfactory to the Chief Administrative Office and the Town Solicitor; and,

4) That funds in the amount of approximately $231,500 be deposited in the Land Acquisition Fund, account No. 087 2800 210; and,

5) That the amount of $17,539.57 representing the Town’s share of cost recoveries from the settlement be deposited in the Legal Appraisal, Evaluation Account No. 300 300 9299; and further,

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

CARRIED

(5) PROPOSED CELL TOWER SITE LICENCE WITH
ROGERS COMMUNICATION INC.
7300 BIRCHMOUNT ROAD (FIRE STATION NO. 94) (8.6)

1) That the confidential report entitled “Proposed Cell Tower Site Licence with Rogers Communications Inc.: 7300 Birchmount Road (Fire Station No.94)” be received; and,

2) That Mayor and Clerk be authorized to execute a 5 year telecommunications site licence with Rogers Communications Inc. to accommodate a 16 metre monopole, without external antennae, on lands at the rear of Fire Station No.94, generally under the terms and conditions contained in this report, including an annual licence fee of $15,000 plus GST, said lease to be in a form and content satisfactory to the Chief Administrative Officer and the Town Solicitor; and,

3) That the Licence be conditional on municipal review and Site Plan approval; and,

4) That the proposal be exempt from the Public Consultation requirements of the Town’s “Policy for Establishing Telecommunication Antenna Sites (April 2009); and,

5) That the April 2009 Policy for Establishing Telecommunication Antenna Sites be amended to provide an exemption from Public Consultation for ground support towers as follows:

For replacement of or modifications to existing towers and where the proposed height does not exceed the existing height by more than 25%; and further,

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

CARRIED

(See following motion to adopted)

Moved by Councillor A. Chiu

Seconded by Regional Councillor G. Landon

That Item No. 5 entitled “Proposed Cell Tower Site Licence with Rogers Communications Inc.: 7300 Birchmount Road (Fire Station No.94)”, be adopted.

CARRIED

(6) SOLAR PHOTOVOLTAIC ROOF TOP
LEASES WITH POWERSTREAM (5.0)

1) That the confidential staff Report titled, “Summary of Roof Top Leases with PowerStream” dated December 10, 2009 be received; and,

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

CARRIED

(See following motion to adopt)

Moved by Councillor A. Chiu

Seconded by Councillor E. Shapero

That In-camera Item No. 6 titled “Summary of Roof Top Leases with PowerStream” be adopted.

CARRIED

(7)        APPEAL OF MINOR VARIANCE APPLICATION
            TO ONTARIO MUNICIPAL BOARD (OMB)
            - 26 ALBERT STREET, MARKHAM VILLAGE (8.0)

1) That the report entitled “Appeal of Minor Variance Application to Ontario Municipal Board (OMB) - 26 Albert Street, Markham Village” be received; and,

2) That the Town Solicitor be instructed to attend the hearing and support the decision of the Committee of Adjustment and ensure that the conditions of approval recommended by Staff are imposed by the OMB, should the OMB decide to allow the minor variance; and further,

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

CARRIED

14. CONFIRMATORY BY-LAW

Moved by Councillor A. Chiu

Seconded by Regional Councillor G. Landon

That By-law 2009-196 be given three readings and enacted.

Three Readings

BY-LAW 2009-196 A by-law to confirm the proceedings of the Council meeting of December 15, 2009.
(Council Meeting No. 18, 2009)