<span lang="EN-GB" style="font-size:14.0pt;mso-bidi-font-family:&quot;Times New Roman&quot;"> Meeting No. 4

Report 2008 Business Plan Project Timelines

That the report titled “Satellite Recreation Centre Policies Agreement” be received; and,

That authorization is given to amend the “Satellite Recreation Centre Policies Agreement” to reflect that the maintenance and replacement of the playground equipment at the German Mills Community Centre be the sole responsibility of the Town of Markham; and,

That authorization is given to the German Mills Board to amend their lease with the German Mills Co-operative Nursery School to reflect the amendment in the “Satellite Recreation Centre Policies Agreement”; and further,

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

(6) UNIONVILLE WINTER TENNIS CLUB PROPOSED (6.8)

That the report titled “Unionville Winter Tennis Club in Carlton Park-Business Plan” be received; and,

That staff be authorized to proceed with a public consultation meeting with residents of the neighbourhood, and other interested parties; and,

That staff report back to Council with the results of the public meeting with recommendations; and further,

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

(7) TOWN OF NEWMARKET
PENALTIES FOR THE MISUSE OF
DISABLED PERSONS PARKING (13.5.2)

That the letter dated February 11, 2008 from the Town of Newmarket containing a resolution passed by Council to request the Premier of Ontario to take action to eliminate the misuse of disabled parking permits and parking spaces be received and endorsed; and

That the letter dated February 11, 2008 from the Town of Newmarket be referred to the Markham Advisory Committee on Accessibility.

CARRIED

5(b) REPORT NO. 13 - GENERAL COMMITTEE (March 17, 2008)

Council consented to separate Clauses (1), (7) and (9).

Moved by Councillor J. Virgilio

Seconded by Councillor V. Burke

That Report No. 13 - General Committee be received and adopted.

(1) COUNCIL ISSUES (16.0)

Presentation

That Council Procedural By-law #2001-1 be amended to provide for delegations to be heard at either at the beginning of the meeting or just prior to the beginning of the specific item; and,

That Council Procedural By-law #2001-1 be amended to provide that New/Other Business items will only be for information items, and not action items; and,

That the Building and Parks Construction Committee be dissolved; and,

That Council Procedural By-law #2001-1 be amended to include the mandate of the Building and Parks Construction Committee in the Terms of Reference for the General Committee mandate; and,

That Council Procedural By-law #2001-1 be further amended to provide for the appointment of a Chair and Vice-Chair for Building and Parks Construction issues; and,

That the information regarding suggested changes to the composition and terms of reference of the Licensing Hearing Committee be received; and,

That Councillor C. Moretti be appointed as Chair for the Building and Parks Construction issues of the General Committee.

(By-law 2008-46)

CARRIED

(See following motion which was lost)

Moved by Councillor J. Webster

Seconded by Deputy Mayor J. Heath

That Paragraphs 3, 4 and 5 of Clause 1, Report No. 13, be amended to be deferred in order to allow the Library Board to review the issue at its April 7, 2008 meeting.

LOST

Council separated Paragraphs 1 to 7 of Clause 1, Report No. 13, for discussion purposes.

(2) APPOINTMENTS/RESIGNATIONS TO ADVISORY
BOARDS/COMMITTEES (16.0)

That the resignation of Councillor Alex Chiu from the Markham Theatre Advisory Board be accepted with regret; and,

That another Councillor be appointed for the term ending November 30, 2008.

(3) STATUS OF CAPITAL PROJECTS AS OF DECEMBER 31, 2007 (7.5)

That the report dated March 17, 2008 entitled “Status of Capital Projects as of December 31, 2007” be received; and,

That $6.91M from closed capital projects be transferred to the sources of funding as listed on Exhibit A entitled “Summary of Closed Capital Projects by Account”; and,

That projects listed on Exhibit B entitled “Summary of Completed Open Capital Projects Pending Payment of Final Invoices” be closed upon payment of final invoices and any outstanding amount returned to/from the original sources of funding; and,

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

(4) 2007 REVIEW OF OPERATIONS (7.4)

Report Appendices

That the report dated March 17, 2008 entitled “2007 Review of Operations” be received; and,

That the final 2007 Operating Surpluses for the Town of Markham (“Town”). Building Standards and Waterworks Departments be transferred to the Town’s respective reserves in accordance with the Town’s reserve policy.

(5) AWARD OF CONTRACT #011-S-08 LABORATORY
SAMPLING ANALYSIS (7.9)

That the report entitled “Award of Contract #011-S-08 Laboratory Sampling Analysis” be received; and,

That the contract for #011-S-08 Laboratory Sampling Analysis be awarded to the preferred supplier York Regional Laboratory in the estimated contract value of $534,477.00 exclusive of GST for a period of three (3) years; and,

That the tender process be waived in accordance with Purchasing Bylaw 2004-341, Part 11, Section 7(1)h which states “where it is necessary or in the best interest of the Town to acquire non-standard items or Professional Services from a preferred supplier”; and,

That funds for this contract for the 2008 period be drawn from the 2008 Operating Budget Accounts as listed under financial considerations in the estimated amount of $178,159.00 exclusive of GST; and,

That the following 2009-2010 estimated amounts be provided for within the respective years budget submission for the Waterworks Department:

2009 $178,159.00
2010 $178,159.00; and,

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

(6) AWARD OF TENDER #012-T-08 FLOOD STORAGE
IMPROVEMENTS HIGHWAY 7 AND WOODBINE AVENUE (7.9)

That the report entitled “Award of Tender #012-T-08 Flood Storage Improvements Highway 7 and Woodbine Avenue” be received; and,

That the contract for Tender #012-T-08 Flood Storage Improvements Highway 7 and Woodbine Avenue be awarded to the lowest price qualified bidder, Lakeside Contracting Company Limited in the amount of $412,184.68 exclusive of GST; and,

That a contingency amount of $49,500.00 exclusive of GST be established to cover any additional construction costs and that the Director of Engineering be authorized to approve expenditure of this contingency amount up to the specific limit; and,

That a contingency amount of $8,500.00 exclusive of GST be established to cover any design consultation required during construction of the project and that the Director of Engineering be authorized to approve expenditure of this contingency amount up to the specific limit; and,

That staff be authorized to retain a qualified geotechnical consulting firm in accordance with the Town’s purchasing bylaw to provide geotechnical and materials testing services during construction for an upset limit not to exceed $20,000.00 exclusive of GST; and,

That the Capital Budget account # 83-5350-5212-005 be amended to $648,662.40 funded cooperatively through a Developer contribution of $145,000.00, the Region of York contributing $251,831.20 and Town contribution of $251,831.20. The Town’s proportionate share is funded from existing pre-DCA reserve $27,500.00 and transfers of $51,831.20 from capital account 83-5350-6777-005 and $172,500.00 from 83-6150-8377-005 respectively; and,

That staff be authorized to front end the Region of York’s proportionate share of $251,831.20 until all costs are finalized. Front end costs will be funded through a transfer from capital account 83-6150-8377-005; and,

That upon payment of all invoices, any remaining funds be returned to the original funding source; and,

That Staff be authorized and directed to do all things necessary to give effect to this resolution; and further,

That staff be requested to arrange a meeting with the Toronto Wildlife Centre to discuss the mitigation of wildlife concerns in this area.

(7) CLICK WITH MARKHAM – BUILDING MARKHAM’S
FUTURE TOGETHER - COUNCIL’S STRATEGIC
AREAS OF FOCUS (12.0)

Moved by Councillor D. Horchik

Seconded by Regional Councillor T. Wong

That Council defer and refer the discussion of "Click With Markham – Building Markham’s Future Together" to the "Other Business" Section of this meeting.

CARRIED

(8) DEVELOPMENT CHARGE DEFERRAL AGREEMENT AND
ASSUMPTION H & W DEVELOPMENT CORP. (7.11)

That the report entitled “Development Charge Deferral Agreement and Assumption – H & W Development Corp.” be received; and,

That the Town consent to an assignment of the Development Charges Deferral Agreement executed by 2015776 Ontario Inc. (Liberty Developments) in favor of its successor in title, H & W Development Corp.; and,

That the Mayor and Clerk be authorized and directed to execute and assignment in a form satisfactory to the Town Solicitor; and,

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

(9)        REVIEW OF THE PROVISION OF WASHROOM FACILITIES IN
            THE UNIONVILLE MAIN STREET AND
            OTHER TOURIST AREAS (3.0)

That the report titled “Review of the Provision of Washroom Facilities in the Unionville Main Street Area and other Tourist Areas” dated February 29, 2008 be received; and,

That Council authorizes staff to review for the provision of washroom facilities in the Unionville Main Street Business Area; and,

That Council authorizes staff to retain the services of a consultant to assist staff in the development of a general policy on the provision of washroom facilities and other public services to support tourist areas of the Town; and,

That funding in the amount of $15,000 for the consultant services be obtained from the 2008 Capital Account, 056-5399-8477-005 New Public Washroom Feasibility Plan (budget of $100,000); and,

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

CARRIED

(10) SUMMARY OF 2007 REMUNERATION AND EXPENSES
FOR COUNCILLORS AND APPOINTEES TO BOARDS (7.0)

That Council receive for information the March 17, 2008 report entitled “Summary of 2007 Remuneration & Expenses for Councillors and Appointees to Boards”; and,

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

(11) APPOINTMENTS TO ADVISORY COMMITTEES (16.0)

That Ann Laxton be appointed to the Stiver Mill Preservation Committee.

CARRIED

5(c) REPORT NO. 14 - DEVELOPMENT SERVICES COMMITTEE (March 4, 2008)

Moved by Councillor J. Webster

Seconded by Regional Councillor T. Wong

That Report No. 14 - Development Services Committee be received and adopted.

(1)        TORONTO AND REGION CONSERVATION AUTHORITY
            – PETTICOAT CREEK WATERSHED REQUEST FOR FUNDING
            (RECOMMENDATION OF ENVIRONMENTAL ISSUES COMMITTEE) (13.13.2)

Whereas the Environmental Issues Committee has reviewed the request for funding from the Toronto Region Conservation Authority (TRCA) for the Petticoat Creek Watershed strategy development; and,

Whereas the Environmental Issues Committee supports the request for funding, in principle; and,

Therefore be it resolved that the Environmental Issues Committee requests that funding, in the amount of $5,000, be provided through a Development Services Commission account; and further,

That the account be provided through the Planning Capital Contingency account number

080 7955 7353 002.

CARRIED

5(d) REPORT NO. 15 - DEVELOPMENT SERVICES COMMITTEE (March 18, 2008)

Moved by Councillor J. Webster

Seconded by Councillor D. Horchik

That Report No. 15 - Development Services Committee be received and adopted.

(1) ACCEPTANCE FOR MAINTENANCE OF
RESIDENTIAL SUBDIVISIONS
REGISTERED PLAN NUMBERS 65M-3752, 65M-3877, 65M-3810,
65R-26665 PART 4, 65M-3863, 65M-3651, 65M-3600, 65M-3610,
65M-3611, 65M-3612, 65M-3613, 65M-3614, 65M-3771, 65M-3607,
65M-3864 AND 65M-3796 (10.7)

That the report entitled “Acceptance for Maintenance of Residential Subdivisions Registered Plan Numbers 65M-3752, 65M-3877, 65M-3810, 65R-26665 Part 4, 65M-3863, 65M-3651, 65M-3600, 65M-3610, 65M-3611, 65M-3612, 65M-3613, 65M-3614, 65M-3771, 65M-3607, 65M-3864 and 65M-3796, dated March 18, 2008, be received; and,

That the services in Subdivision Registered Plan Numbers 65M-3752, 65M-3877, 65M-3810, 65R-26665 Part 4, 65M-3863, 65M-3651, 65M-3600, 65M-3610, 65M-3611, 65M-3612, 65M-3613, 65M-3614, 65M-3771, 65M-3607, 65M-3864 and 65M-3796, dated March 18, 2008 be accepted for maintenance; and,

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,

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

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

That the Acceptance for Maintenance Period commence January 1, 2008; and,

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

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,

That the by-law to amend Schedule ‘C’ of the Parking By-law # 2005-188, by including no parking on the streets indicated, be approved; and,

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,

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

(By-laws 2008-47 to 2008-64)

(2)        SUSTAINABLE DEVELOPMENT STANDARDS
            AND GUIDELINES:
            - REQUEST FOR PROPOSALS
            - INTERIM SUSTAINABILITY MEASURES (10.0)

That the report dated March 18, 2008 titled “Sustainable Development Standards and Guidelines” be received; and,

That the Request For Proposal attached as Appendix “A” to the report titled “Sustainable Development Standards and Guidelines” be revised to include a contextual paragraph referencing climate change and reduction of green house emissions; and,

That Council endorse the revised Request For Proposal attached as Appendix “A’; and,

That the members of the Environmental Issues Committee act as a steering committee for the duration of the study and finalization of the guidelines; and,

That Council adopt minimum LEED Silver standard for all new municipal buildings and major additions/renovations to municipal buildings; and,

That, as an interim measure to remain in place until completion of the Sustainable Development Standards and Guidelines Study, Council confirm LEED silver as the minimum standard for all new medium and high density residential developments; and,

That, as an interim measure to remain in place until completion of the Sustainable Development Standards and Guidelines Study, Council encourage institutional, commercial and industrial developers to apply site development and building construction techniques that reduce heat island effect, minimize storm water run-off, increase infiltration, include rain water harvesting, grey water re-use, cool roofs and green roofs, permeable paving, landscaping, energy efficiency and general water conservation and lead to more energy efficient and environmentally sensitive developments; and,

That, as an interim measure to remain in place until completion of the Sustainable Development Standards and Guidelines Study, Council encourage builders to apply Energy Star standards, as developed by Natural Resources Canada (NR Can), for low density housing; and,

That staff consult with the development industry, through the Developers Round Table, and report back to Development Services Committee on any implementation issues pertaining to the interim measures and the study process; and,

That the transition process for current development applications, as outlined in this report, be endorsed; and,

That, as part of the study, an Official Plan Amendment be prepared to ensure the Town fully utilizes the new provisions of Section 41(4) (2) of the Planning Act, as introduced through Bill 51; and,

That the Town of Markham request that the Province of Ontario expedite changes to the Ontario Building Code to incorporate new standards and requirements for all building types (including residential, ICI and municipal buildings) such as LEED certification, Energy Star and continuous improvements related to sustainable sites and built form; improved energy efficiency in buildings; improved air quality (indoor and outdoor); improved water quality and efficiency; management of solid waste; and enhanced urban ecology; as soon as possible (prior to the current target date of 2011); and,

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

(3) RECOMMENDATION REPORT
- APPLICATION BY 1547155 ONTARIO LTD. FOR
SITE PLAN APPROVAL TO PERMIT A 46 UNIT RESIDENTIAL CONDOMINIUM WITH GRADE-LEVEL RETAIL AT 7751 YONGE STREET, SOUTHEAST CORNER OF YONGE STREET AND THORNHILL SUMMIT DRIVE – THORNHILL HERITAGE CONSERVATION DISTRICT
(FILE NO. SC 06 135980) (10.6)

Report Attachments

That the site plan application (SC 06 135980) submitted by 15471255 Ontario Ltd. dated February 21, 2008, to permit a 46 unit residential condominium with grade-level retail at 7751 Yonge Street, be endorsed in principle subject to the general and specific conditions set out in Appendix ‘A’ as attached to the staff report dated March 18, 2008; and,

That staff be directed to request the Ontario Municipal Board to approve the conditions of site plan approval set out in Appendix A including any modifications made by the Director of Planning and Urban Design; and to delegate final site plan approval to the Director of Planning and Urban Design or her designate in consultation with the Ward 1 Councillor, subject to those conditions; and,

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

(4) REVISED SITE PLAN APPLICATION
TER-SKY DEVELOPMENTS/CALIBER HOMES
PRESERVATION OF A HERITAGE HOUSE
29 JAMES WALKER COURT
MARKHAM VILLAGE HERITAGE CONSERVATION DISTRICT
FILE NO.: SC 05 022910 (10.6)

Report Attachments

That Council endorse the revised Site Plan Control Application for 29 James Walker Court for approval, subject to the conditions outlined in Appendix “B” attached to the staff report dated March 18, 2008; and,

That a provision be included in the Site Plan Agreement requiring that fencing along the Main Street South frontage be limited in height to four feet (the maximum height of a front yard fence) to maintain an open view to the original façade; and,

That a warning clause be included in any future purchase and sale agreement, and in the site plan agreement, and be registered on title, regarding the Environmental Assessment and the potential need for the heritage house to be moved back from its existing location on Main Street; and further,

That the site plan agreement will contain appropriate provisions to ensure the completion of the exterior restoration, tree preservation and other details of site development.

CARRIED

6. MOTIONS

Council consented to add Motions (1) to (3).

(1) CITIZENSHIP CEREMONY AND
FIRST BABY ADOPTED IN CANADA UNDER BILL C-14 (12.2.6)

Moved by Regional Councillor T. Wong

Seconded by Councillor L. Kanapathi

That the presentation by Councillor J. Webster regarding his attendance at a Canadian Citizenship Ceremony on March 25, 2008 during which an infant became a Canadian Citizen; the child was the first foreign-born infant to be adopted under Bill C-14, be received.

(Presentation 1)

CARRIED

(2/3 VOTE WAS REQUESTED & OBTAINED)

(2)        BRIAN SHERMAN
            HERITAGE PERMIT APPLICATION
            METAL TILE ROOF FOR MARKHAM VILLAGE LANES
            140-152 MAIN STREET NORTH; 12 WILSON STREET
            APPLICANT: DAVID JOHNSTON/1209094 ONTARIO LIMITED
            MARKHAM VILLAGE HERITAGE
            CONSERVATION DISTRICT HE 07 131343 (16.11)

Moved by Councillor J. Webster

Seconded by Deputy Mayor J. Heath

That the delegation by Mr. Brian Sherman, on behalf of Dr. Frank Shahidi, regarding the requirement for the owner of Markham Village Lanes to remove the metal tile roofing material from the heritage buildings and replace it with a roofing material in accordance with the policies and guidelines of the Markham Village Heritage Conservation District Plan, be received.

(Delegation 1)

CARRIED

(2/3 VOTE WAS REQUESTED & OBTAINED)

(3) PETER OTTENSMEYER
EAST MARKHAM COMMUNITY
CENTRE & LIBRARY (6.6)

Moved by Councillor J. Webster

Seconded by Deputy Mayor J. Heath

That the delegation by Mr. Peter Ottensmeyer, Vice-President, Markham Concert Band, regarding East Markham Community Centre & Library, be received.

(Delegation 2)

CARRIED

(2/3 VOTE WAS REQUESTED & OBTAINED)

7. COMMUNICATIONS

Moved by Councillor J. Webster

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

16-2008 Liquor Licence Application - Forwarding a request to complete the Alcohol and Gaming Commission Municipal Information Form for The Fish House Woodbine, 7501 Woodbine Avenue (outdoor). (3.21)

17-2008 Liquor Licence Application - Forwarding a request to complete the Alcohol and Gaming Commission Municipal Information Form for Oregano Pizza and Pasta 2, 300 John Street, Unit 110 (indoor and outdoor) (3.21)

18-2008 Liquor Licence Application - Forwarding a request to complete the Alcohol and Gaming Commission Municipal Information Form for Hemingway Arms Restaurant & Bar, 144 Main Street North, Unit 18 (indoor and outdoor) (3.21) Info

19-2008 Liquor Licence Application - Forwarding a request to complete the Alcohol and Gaming Commission Municipal Information Form for Bridges Bar and Restaurant, 72 Copper Creek Drive (indoor and outdoor) (3.21)

20-2008 Liquor Licence Application - Forwarding a request to complete the Alcohol and Gaming Commission Municipal Information Form for Moon Walk, 58 Main Street North Markham, Units 6 & 7 (indoor and outdoor) (3.21)

21-2008 Liquor Licence Application - Forwarding a request to complete the Alcohol and Gaming Commission Municipal Information Form for Sao Viet Noodle Restaurant, 5 Glen Cameron Road, Unit 23A (indoor) (3.21)

Referred to Town Solicitor & Commissioner of Development Services

22-2008 Ontario Municipal Board - Forwarding a memorandum to summarize the results of a mediation session held on January 23, 2008 regarding the appeals for the properties on Langstaff Road. (13.13)

23-2008 Ontario Municipal Board - Forwarding an Appointment of Hearing regarding the appeals for Official Plan Amendment No. 149 (Highway 404 North Secondary Plan Amendment). (13.13)

24-2008 Ontario Municipal Board - Forwarding an Order of the Board of March 12, 2008 regarding the appeal submitted by 1358023 Ontario Limited for a Site Plan approval at 7760 Markham Road. (13.13)

CARRIED

8. PROCLAMATIONS

(1) PROCLAMATIONS (3.4)