<span lang="EN-GB" style="font-size:14.0pt;mso-bidi-font-family:&quot;Times New Roman&quot;"> Meeting No. 18

That Council receive the report “Interim Spending Authority Pending Approval of 2009

Budget”, dated December 1, 2008; and,

That Council approve 50% of the 2008 Operating Budget equal to $108, 630, 720 as a pre budget approval for 2009 operating expenditures; and further;

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

CARRIED

(3) 2009 INTERIM TAX LEVY AND BY-LAW (7.1)

That Council authorize an interim tax levy for 2009; and,

That the attached by-law be passed to authorize the 2009 interim tax levy.

(By-law 2008-255)

CARRIED

(4) BY-LAW TO AUTHORIZE TEMPORARY
BORROWINGS FOR 2009 (7.0)

That a by-law be brought forward for Council approval to authorize the temporary borrowing, if required, of an amount not to exceed $108, 630, 720 from January 1, 2009 to September 1, 2009 and $54,315,360 from October 1, 2009 to December 31, 2009 to meet the current expenditures of the municipality until taxes are collected and other revenues are received; and,

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

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

(By-law 2008-256)

CARRIED

(5) DEVELOPMENT CHARGES (7.0)
INDEXING – JANUARY 1, 2009

That the report titled “Development Charges Indexing – January 1, 2009” be received; and,

That Council approve an increase in development charges of 7.74%, effective January 1, 2009; and,

That Council approve the application of the increase to both the Town Wide Soft services (under the 2004 Development Charge by-law) as well as the Area Specific and Town Wide Hard services (under the 2008 Development Charge by-laws); and further,

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

CARRIED

6(b) REPORT NO. 62 - GENERAL COMMITTEE (December 8, 2008)

Council consented to separate Item No. 4.

Moved by Regional Councillor G. Landon

Seconded by Councillor J. Virgilio

That Report No. 62 - General Committee comprised of 6 items be received and adopted, except for Item No. 4 (See following Item No. 4)

(1) APPROVAL REPORT
AMENDMENTS TO DEVELOPMENT FEE,
BUILDING FEE AND TOWN WIDE FEE BY-LAWS
DEVELOPMENT SERVICES COMMISSION (7.0)

Report 1 2 3

That the Report titled “Approval Report, Amendments to Development Fee, Building Fee and Town Wide Fee By-laws, Development Services Commission" dated December 8, 2008, be received; and,

That the Record of the Public Meeting held on November 18, 2008, with respect to the proposed amendments to the Development, Building and Town Wide Fee By-laws be received; and,

That the amendment to the “Tariff of Fees for Processing Planning Applications,” By-law 211-83, substantially in the form attached as Attachment “A”, be enacted; and,

That By-law 2007-268 be repealed an the attached “By-law respecting Construction, Demolition and Change of Use Permits and Inspections,” attached as Attachment “B”, be enacted; and,

That the amendment to Townwide By-law 2002-276, substantially in the form attached as Attachment “C”, be enacted; and further,

That the By-laws come into force take effect on January 1, 2009.

(By-laws 2008-257 to 2008-259)

CARRIED

(2) REFUNDABLE DEPOSIT – DEVELOPER FRONT
ENDING/REDISTRIBUTION
ACCOUNT RECONCILIATION (7.0)

That the December 8, 2008 report entitled “Refundable Deposit - Developer Front Ending/ Redistribution Account Reconciliation” be received; and,

That Council authorize Staff to transfer $280,359.91 identified as amounts due to the Town from the Refundable Deposit - Developer Front Ending/ Redistribution account (“the Refundable Deposit Account”) (General Ledger G/L 027 2140009) to the Town accounts identified in this report; and,

That all parties who have upfronted funds for works performed, but who cannot be identified, be given the opportunity to apply for a return of any recovered funds; and,

That Council authorize Staff to advertise in a nationally circulated newspaper and the Town website for thirty (30) days, amounts for which the payees have not been identified, thereby giving due notice to parties who upfronted for works performed in advance of development within the Town that they may be eligible to apply for a return of any recovered funds which totals $256,038.37; and,

That due notice be given of the possible forfeiture of unclaimed funds to the Town’s revenue in said advertisement where recovered funds remain unclaimed; and,

That Council authorize Staff, at the end of the advertisement period, to transfer any unclaimed portion of these recovered funds in the Refundable Deposit Account, to a maximum of $256,038.37 to a Corporate Revenue account to be determined by the Town Treasurer; and,

That the cost incurred in placing the Public Notice, estimated to be in the range of $8,000 - $14,000 (exclusive of 5% GST) be offset against the deposits to be placed in the Town’s revenue; and,

That Council authorize Staff to charge an administration fee equivalent to 5% of the amount to be refunded to claimants, and to utilize the administration fee to recover staff cost associated with refunding these deposits with the remainder to be deposited in the appropriate Engineering, Finance and Legal operating budget accounts; and,

That the Treasurer be authorized to pay any claims from the Corporate Revenue account in the event of a future refund claim, which has been substantiated to the Treasurer’s satisfaction; and further,

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

CARRIED

(3) MILLIKEN MILLS CHILDREN’S
FESTIVAL RELOCATION REPORT (3.5.1)

Report 1 2

That the report entitled “Milliken Mills Children’s Festival Relocation Report” be received; and,

That the Milliken Children’s Festival be temporarily moved in 2009 to 2011 from Milliken Mills Community Centre to Markham Civic Centre; and further,

That the Recreation Department be authorized and directed to do all things necessary to give effect to this resolution.

CARRIED

(4) ART GALLERY EXPANSION (6.9)

Report Presentation

That the presentation by Mr. J. Ryerson, Director of Culture, entitled “Art Gallery Expansion” be received; and,

That the report entitled “Varley Art Gallery Expansion” be received; and

That staff be authorized to negotiate with a preferred supplier, being Jerome Markson, architect for the original Varley Art Gallery construction, for architectural services; and,

That the selected Architect be authorized to work with Staff on the preliminary design; and,

That as part of the preliminary design, Staff and the selected Architect convene a public meeting to seek input and feedback regarding the design concepts; and,

That as part of the preliminary design, the selected Architect be directed to research the possibility of designing the expansion so as to meet LEED standards; and,

That staff report back to General Committee with the outcomes of the preliminary design and the public information meeting, prior to proceeding to detailed design; and,

That the estimated cost of this project, $2.58 million be funded as follows:

Wallace Joyce-Varley McKay Art Foundation (including interest)	$1.56M
Infrastructure Grant	$0.92M
Varley Foundation fundraising	$0.10M
Total	$2.58M

That the $100,000 from the Varley Foundation fundraising only be used if the project cost exceeds $2.48 million; and;

That the generous gift by Mr. Wallace Joyce to the Varley McKay Art Foundation of Markham be recognized; and,

That the stewardship and efforts of the Varley McKay Art Foundation be acknowledged with thanks; and further,

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

CARRIED

(See following unanimous recorded vote)

YEAS: Mayor F. Scarpitti, Deputy Mayor J. Heath, Regional Councillor J. Jones, Regional Councillor T. Wong, Regional Councillor G. Landon, Councillor V. Burke, Councillor J. Virgilio, Councillor C. Moretti, Councillor J. Webster, Councillor L. Kanapathi, Councillor A. Chiu. (11)

ABSENT: Councillor E. Shapero, Councillor D. Horchik. (2)

(5) APPOINTMENTS, RESIGNATIONS
- ADVISORY COMMITTEES (16.24)

That the resignation of Ms. Barbi Lazarus from the Animal Care Committee be accepted with regret and a letter of appreciation be forwarded to Ms. Lazarus.

CARRIED

(6) INTEREST ON OUTSTANDING DEBTS
AND COLLECTION AGENCY
ADMINISTRATIVE FEES (7.0)

That the report entitled, “Interest on Outstanding Debts and Collection Agency Administrative Fee” be received; and,

That Council endorse the policy of adding interest of 1.25% per month on outstanding debts consistent with the annual rate being charged for property taxes in arrears; and,

That Council endorse the policy of adding an administrative fee up to 30% to outstanding debts for collection agency charges; and further,

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

CARRIED

6(c) REPORT NO. 63 - DEVELOPMENT SERVICES COMMITTEE
(November 25, 2008)

Moved by Councillor J. Webster

Seconded by Councillor L. Kanapathi

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

(1) ROUGE PARK IMPLEMENTATION
TASK FORCE REPORT (10.0)

That the presentation by Deputy Mayor Jack Heath regarding Rouge Park Implementation Task Force Report be received; and,

That the Rouge Park Implementation Task Force Final Report be received; and,

That Council allow the circulation of the Rouge Park Implementation Task Force Final Report as a basis for discussion and negotiation; and,

That staff be directed to provide comments on the Rouge Park Implementation Task Force Final Report; and,

That Council invite comments from agencies, boards, adjacent municipalities and the Provincial and Federal Governments; and,

That Council endorse the Signage proposal, #3 b from the Rouge Park Implementation Task Force Final Report; and further,

That two working groups and a staff liaison committee be established in consultation with our partners, one to review governance and one to review the other recommendations outlined in the Rouge Park Implementation Task Force Final Report.

CARRIED

6(d) REPORT NO. 64 - DEVELOPMENT SERVICES COMMITTEE
(December 2, 2008)

Council consented to separate Items 3, 4 and 5.

Moved by Councillor J. Webster

Seconded by Councillor A. Chiu

That Report No. 64 - Development Services Committee comprised of 5 items be received and adopted, except items 3, 4 and 5 (See following items 3, 4 and 5).

(1) PROPOSED WINTER ENVIRONMENTAL
ART EVENT FOR 2009 (6.5)

That the report to Development Service Committee dated December 2, 2008 entitled “Proposed Winter Environmental Art Event for 2009” be received; and,

That staff and the Markham Public Art Advisory Committee undertake a “Winter Environmental Art Event” in February 2009 at Toogood Pond; and,

That funding to a maximum of $20,000 be provided from the existing approved Planning/Design Capital Account #56-5350-5293-005, “Town Wide Public Art” for costs associated with administering and implementing the “Winter Environmental Art Event”; and,

That staff provide regular updates to Development Services Committee on the status of the 2009 Winter Environmental Art Event; and further,

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

CARRIED

(2)        DEMOLITION PERMIT APPLICATION 08 129283 DP
            AND INTENTION TO DESIGNATE UNDER
            PART IV OF THE ONTARIO HERITAGE ACT
            SAMUEL WIDEMAN HOUSE
            10541 HIGHWAY 48, EMERY INVESTMENTS (16.11.3 & 10.0)

That as recommended by Heritage Markham, Council refuse the demolition permit application for the Samuel Wideman House at 10541 Highway 48 on the basis of its cultural Heritage Value or Interest; and,

That Council encourage the owner to repair and re-tenant the house to ensure its long-term preservation; and,

That Council approve the demolition application for the barns and sheds on the property; and,

That as recommended by Heritage Markham, the Samuel Wideman House – 10541 Highway 48 be approved for designation under Part IV of the Ontario Heritage Act as a property of cultural heritage value or interest; and,

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

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

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

CARRIED

(3)        APPLICATIONS FOR OFFICIAL PLAN AND
            ZONING BY-LAW AMENDMENTS
            BY WOODBINE INTERNATIONAL CENTRE CORPORATION
            AND WOODBINE INTERNATIONAL HOTEL CORPORATION
            TO PERMIT A MIXED-USE HOTEL, RETAIL, CONFERENCE
            AND TRADE CENTRE AT THE NORTHWEST CORNER OF
            WOODBINE AVENUE AND MARKLAND STREET
            (OP 07 129406 & ZA 07 129420) (10.3, 10.5)

That the staff report entitled “Recommendation Report, Applications by Woodbine International Centre Corporation and Woodbine International Hotel Corporation to permit a mixed-use hotel, retail, conference and trade centre at the northwest corner of Woodbine Avenue and Markland Street, File Nos: OP 017 129406, ZA 07 129420”, be received; and,

That Town staff, in consultation with the Region of York, prepare draft Official Plan and Zoning By-law Amendments pursuant to the policies of the Business Corridor Designation and the Region of York Official Plan, and having regard to the Retail Impact Study by Tate Economic Research Inc. October 2008; and,

That the applications be approved subject to the draft Official Plan and Zoning By-law Amendments being presented to Council for adoption once the Traffic Impact Study has been revised to the satisfaction of the Director of Engineering and the Region’s Transportation and Works Department respectively and that Regional staff have completed their review of the retail study; and,

That the Official Plan Amendment, once finalized and adopted by Markham Council, be referred to the Region of York for approval; and further,

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

CARRIED

(See Communication No. 92-2008)

(4) COMMERCIAL FAÇADE IMPROVEMENT
GRANT PROGRAM 2008 (10.0)

That the following applications for the Commercial Façade Improvement Grant Program be approved subject to the applicants obtaining the necessary approvals, and entering into Grant Agreements with the Town:

Address Grant Amount Requested

159 Main St. Unionville $15,000.00

5 George St. Markham $15,000.00

That the requested grant of up to $15,000.00 to re-roof, paint and remove the asbestos siding from the north side of 136 Main St. be approved subject to the applicant obtaining the necessary approvals, entering into a Grant Agreement with the Town, and provided that Heritage Staff determine that the original siding is incapable of being restored, and subject to the applicant obtaining the necessary approvals, and entering into a Grant Agreement with the Town; and,

That the requested grant of $15,000.00 for the replacement of the existing windows of 96 Markham Main St. N. be approved provided that:

the existing windows are donated to a recycling facility (eg. Habitat for Humanity) to divert them from landfill;
the replacement windows are single or double hung wooden windows with true divided lights or exterior adhered muntin bars in a pattern matching the pane divisions of the historic windows when the building was originally constructed;
the applicant obtaining the necessary approvals, and entering into a Grant Agreement with the Town; and,

That the requested grant of $15,000.00 to replace the historic wooden windows of 116 Markham Main St. N. be approved provided that Heritage Staff determine that the existing windows are structurally incapable of being restored and subject to the applicant obtaining the necessary approvals, and entering into a Grant Agreement with the Town; and,

That an amount of $17,500.00 be pre-approved from the capital budget account (9059) for the purpose of supporting these 2008 grant requests; and,

That the grants be funded through the following Development Services Planning Capital Accounts:

$50,000.00 from the 2008 Façade Improvement Program (80-6150-8025-005),

$7,500 from Other Façade Improvement Program years (080 6150 6633 005) and

$17,500.00 from the pre-approved capital budget (9059) Annual top-up of Heritage Façade Improvement/Sign Replacement; and further,

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

CARRIED

(5) RECOGNITION OF A CULTURAL HERITAGE
LANDSCAPE VINEGAR HILL NEIGHBOURHOOD (16.11)

That the report dated December 2, 2008, entitled Recognition of a Cultural Heritage Landscape, Vinegar Hill Neighbourhood, be received; and,

That Council advise the Markham Village Conservancy and the Vinegar Hill Ratepayers Association that the Cultural Heritage Landscape of the Vinegar Hill neighbourhood will continue to be protected through the policies of the Markham Village Heritage Conservation District Plan; and further,

That a copy of this report be forwarded to the consultant team and advisory committee for the Main Street Markham Class Environmental Assessment.

CARRIED

6(e) REPORT NO. 65 - DEVELOPMENT SERVICES COMMITTEE
(December 9, 2008)

Moved by Regional Councillor G. Landon

Seconded by Councillor J. Webster

That Report No. 65 - Development Services Committee comprised of 4 items be received and adopted.

(1)        REQUEST APPROVAL OF A
            PROPOSED STREET NAME - ANDON COURT
            DRAFT PLAN OF SUBDIVISION (19TM-05013)
            AT 78 & 90 LEE AVENUE
            TOM, VANGIE & DRAGA GUNOVSKI AND
            TOM, VANGIE & NATALIE GUNOVSKI
            (SU 05 013073) (10.14)

Memo

That Development Services Committee receive this memorandum and approve the proposed street name of Andon Court for a Draft Plan of Subdivision (19TM-05013) at 78 & 90 Lee Avenue.

CARRIED

(2) UPDATE ON OPA’S LOCAL GENERATION RFP
(NORTHERN YORK REGION) (10.0)

That the Report titled “Update on OPA’s Local Generation RFP (Northern York Region)”, dated December 9, 2008, be received; and,

That Markham Council reiterates its support for the OPA’s “Integrated Solution” for power supply to Northern York Region comprised of: Demand Reduction; New Transformer Station capacity; and Local Generation as adopted by Council on September 27, 2005 and further endorsed by Council on April 24, 2007, November 27, 2007 and June 24, 2008; and,

That the Town of Markham remains strongly opposed to a transmission contingency solution for Northern York Region and requests the OPA to continue to expedite local generation supply options to Northern York Region; and,

That this report and resolution be forwarded to the Ontario Power Authority, the Ontario Energy Board, the Ministry of Energy & Infrastructure, the Ministry of the Environment, Hydro One, PowerStream, Region of York, and the Markham – Aurora Hydro One Task Force Members; and,

That the report and resolution also be forwarded to the Premier of Ontario, the Minister of Energy & Infrastructure, the Minister of the Environment, and Region of York based M.P.P.s,; and further,

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

CARRIED

(3)        CLASS ENVIRONMENTAL ASSESSMENT
            NINTH LINE (REGIONAL ROAD 69)
            NORTH OF MAJOR MACKENZIE DRIVE TO
            NORTH OF MAIN STREET STOUFFVILLE (5.7)

That the presentation by Mr. Richard Ho, Project Manager, Region of York regarding the Class Environmental Assessment Ninth Line (Regional Road 69) North of Major Mackenzie Drive to North of Main Street Stouffville be received; and,

That the Region of York be requested to incorporate segregated off road bicycle lanes on the Regional arterial roads throughout the Town of Markham; and further,

That the Region of York be requested to submit their streetscape drawings and tree preservation plan to Town of Markham staff for review and comments.

CARRIED

(4) HIGHWAY 7 CROSS SECTION BETWEEN
MONTGOMERY AVENUE AND SCIBERRAS ROAD (5.10)

That the correspondence from Mr. Paul W. Young, Unionville resident, be received; and,

That the staff report entitled “Highway 7 Cross Section Between Montgomery Court and Sciberras Road”, dated December 9, 2008, be received; and,

That the six-lane cross-section from Montgomery Court to Sciberras Road be endorsed as outlined in the report; and,

That the Region of York be requested to incorporate segregated bicycle lanes within the Highway 7 right-of way from the property line to the curb; and,

That Town and Regional staff report back to Council on the detailed design of the cross-section, including upgraded medians and boulevards commensurate with the Regional Centre context; and further,

That a copy of this report and resolution be forwarded to the Region of York.

CARRIED

6(f) REPORT NO. 66 - GENERAL COMMITTEE (December 15, 2008)

Council consented to add Report No. 66 - General Committee of December 15, 2008. Council also consented to separate Item Nos. 1 and 4

Moved by Councillor J. Virgilio

Seconded by Regional Councillor T. Wong

That Report No. 66 - General Committee comprised of 5 items be received and adopted, except Item Nos. 1 and 4 (See following Item Nos. 1 and 4).

(1) GRID TIED SOLAR PHOTOVOLTAIC (PV) PILOT PROJECT (5.7)

Report Atts

That the presentations by Ms. Viive Sawler, Manager, Markham Energy Conservation Office, Mr. Eric Kalmbach, President, Generation PV, and Mr. P. Ling, local resident, regarding grid tied solar photovoltaic (PV) pilot project at the Civic Centre be received; and,

That the report dated December 15, 2008 titled, “Grid Tied Solar Photovoltaic (PV) Pilot Project” be received; and,

That Council authorize the installation of a 10 kW grid-tied solar PV installation at the Civic Centre that includes web-enabled software to promote the educational and awareness building value of this project; and,

That Council authorize funding for this project to an upset cost of $100,000 through MESF and up to $25,000 for design/feasibility work through MECO; and,

That Staff report back to General Committee with budget and design details for the proposed project upon completion of the Request for Proposal process; and further,

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

CARRIED

(2) APPOINTMENTS TO ADVISORY COMMITTEES (16.24)

That the appointment of the following persons to the Victoria Square Community Centre Board be confirmed for the term ending December 31, 2009:

Edith Friedel, Chairperson

Ruth Brock

Joy Mortson

Jean McCron

Don Boynton

CARRIED

(3) UNIONVILLE WINTER TENNIS CLUB
IN CARLTON PARK – FOLLOW UP (3.0)

Report 1

That the report dated November 24, 2008 entitled “Unionville Winter Tennis Club in Carlton Park – Follow Up” be received; and,

That Staff be directed to continue work with Heidi Stassgeurtl and Costa Nicolaidis to develop a public/private partnership for the provision of Winter Tennis in an alternative location that is less intrusive on residential properties; and further,

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

CARRIED

(4) REGULATIONS RESPECTING THE
USE AND SALE OF COSMETIC PESTICIDES (5.7)

That Markham Staff Report on Regulations Respecting the Use and Sale of Cosmetic Pesticides dated, December 15, 2008, be received; and,

That this report containing recommendations be submitted as the Town of Markham’s comments to Provincial Environmental Registry, prior to December 22, 2008; and,

That the province be advised that Markham Council supports the new legislation, in principle and urges the provincial government to ensure rigourous restrictions on pesticides, a comprehensive education and enforcement program be undertaken; and,

That this report and resolution be forwarded to the Premier of Ontario, the Minister of the Environment of Ontario and the Local Area MPPs; and,

That Staff monitor the progress of these regulations and provide comments and updates to Council; and further,

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

CARRIED

(5) 2009 CAPITAL AND OTHER PROGRAMS
BUDGET PRE-APPROVAL (7.5)

That the report dated December 15, 2008 entitled, “2009 Capital and Other Programs Budget Pre-Approval,” be received; and,

That the projects, sources of funding and amounts listed in Appendix A to this report be approved in advance of Council approval of the overall 2009 Budget; and further,

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

CARRIED

7. MOTIONS

There were no motions.

8. NOTICES OF MOTIONS

There were no notices of motions.

9. COMMUNICATIONS

Council consented to separate Communications 91-2008 and 92-2008.

Moved by Regional Councillor T. Wong

Seconded by Councillor V. Burke

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

Referred to all Members of Council

91-2008 Liquor Licence Application - Forwarding a request to complete the Alcohol and Gaming Commission Municipal Information Form for Markham Centennial Bocce Club, 8600 McCowan Road (New indoor licence). (3.21)

Info

(Councillor C. Moretti abstained)

92-2008 Commissioner of Development Services - Providing an update regarding tree preservation and tree planting for the application submitted by Woodbine International Centre and Hotel. (10.3 & 10.5)

(Item No. 3, Report No. 64, 2008)

Memo

(See following notation)

Mr. Jim Baird, Commissioner of Development Services highlighted the details contained in the update memorandum of December 10, 2008. He advised the applicant has agreed to meet with staff to discuss options for the provision of additional trees, beyond the trees identified in the memo

93-2008 Commissioner of Development Services - Providing an update regarding agreements between the owner, the Town of Markham and the Region of York for the application submitted by Monarch Corporation - Heritage at Victoria Square, West Cathedral Community. (10.5)

(By-laws 2008-267 to 2008-269)

Memo

CARRIED

10. PROCLAMATIONS

There were no proclamations.

11. NEW/OTHER BUSINESS

Council consented to add Other Business (3) and (4).

(1)        PROPOSED REPLICATION OF JOHN MAPES HOUSE
            7166 14^TH AVENUE
            BOX GROVE HILL DEVELOPMENTS INC. (16.11)

Memo Report Attachment

Moved by Councillor J. Virgilio

Seconded by Councillor L. Kanapathi

That the memorandum dated December 11, 2008 from the Commissioner of Development Services providing an updated with respect to the proposed replication of John Mapes House, be received; and,

That the original proposal by Box Grove Hill Developments Inc. to replicate the entire John Mapes House (7166 14^th Avenue), not be supported; and,

That a revised proposal to retain, repair and relocate the eastern portion of the dwelling (the oldest component); to demolish and replicate the western portion of the dwelling; to permit a new rear addition for additional living space; and to retain and re-use original windows and selective interior features in the original and replicated portions of the dwelling, be supported; and further,

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

CARRIED

(2) 2009 CELEBRATE MARKHAM GRANTS PRE-APPROVALS (7.6)

Moved by Deputy Mayor J. Heath

Seconded by Councillor A. Chiu

That the report dated December 16, 2008 entitled “2009 Celebrate Markham Grants Pre-approvals” be received; and,

That the following Celebrate Markham events: Black History Month, Chinese New Year Celebration and the Tony Roman Hockey Tournament be approved at the 2008 approved funding levels totaling $16,000 in advance of Council approval of the overall 2009 Celebrate Markham Grants allocations; and,

That any additional funding allocations to these events will be brought forward to the Grants Sub-Committee in 2009 for consideration; and further,

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

CARRIED

(3) BOX GROVE HILL DEVELOPMENTS INC.
- COMMUNICATIONS FROM J. AND F. BAJARI (10.7 & 10.5)

Letters

Moved by Regional Councillor G. Landon

Seconded by Councillor L. Kanapathi

That the communications dated December 15 and 16, 2008 from James and Flora Bajari regarding the applications submitted by Box Grove Hill Developments Inc. to permit a residential plan of subdivision at 6788 14th Avenue be received and referred to the Commissioner of Development Services.

CARRIED

(4)        ASSOCIATION OF MUNICIPALITIES OF ONTARIO COMMUNICATION
            - ONTARIO'S MUNICIPAL LEADERSHIP IN
            FEDERAL BUDGET CONSULTATIONS (13.12.2)

Communication

Moved by Regional Councillor G. Landon

Seconded by Regional Councillor T. Wong

That the communication dated December 15, 2008 from the Association of Municipalities of Ontario entitled "Ontario's Municipal Leadership in Federal Budget Consultations" be received; and,

That the Town of Markham strongly endorses the implementation of important budget measures that will help stimulate the economy, create jobs in Ontario, improve access to affordable housing and invest in the quality municipal infrastructure that serves as a foundation of the national economy; and further,

That this resolution be forwarded to the Prime Minister of Canada, the Federal Minister of Finance, the Federal Minister of Transport, Infrastructure and Communities, the Federal Minister of Public Works and Government Services and the Local Area MPs:

CARRIED

12. BY-LAWS

Moved by Councillor A. Chiu

Seconded by Councillor L. Kanapathi

That By-laws 2008-255 to 2008-269 and By-law 2008-271 be given three readings and enacted.

Three Readings

BY-LAW 2008-255 A by-law to authorize an interim tax levy for 2009 prior to the adoption of estimates.

(Item No. 3, Report No. 61, 2008)

BY-LAW 2008-256 A by-law to authorize temporary borrowing to meet the expenditures of the Town of Markham until taxes are collected and other revenues received in 2009.

(Item No. 4, Report No. 61, 2008)

BY-LAW 2008-257 A by-law to amend By-law 211-83, ad amended, being a by-law to prescribe a tariff of fees for processing planning applications (To revise application fees covering the Engineering and Planning/Urban Design Departments).

(Item No. 1, Report No. 62, 2008)

BY-LAW 2008-258 A by-law respecting construction, demolition and change of use permits and inspections (Building By-law) (Repeals Building By-law 2007-268).

(Item No. 1, Report No. 62, 2008)

BY-LAW 2008-259 A by-law to amend Town of Markham Fee By-law 2002-276 (Revise fees associated with compliance letters, publication of maps and schedules, and general photocopying within the Development Services Section).

(Item No. 1, Report No. 62, 2008)

BY-LAW 2008-260 A by-law to amend Zoning By-law 177-96, as amended (Ken-Den East Inc., 7363 and 7373 Kennedy Road (Casa del Sol), southeast corner of Kennedy Road and Denison Street, Part of Lot 2, Concession 5, Plan 65R-13810 - To facilitate a property boundary adjustment and to reflect tow existing apartment buildings containing 273 dwelling units).

(Item No. 1, Report No. 59, 2008)

BY-LAW 2008-261 A by-law to amend Municipal Law Enforcement Officers Appointment By-law 2002-178. (To update the list for officers)

BY-LAW 2008-262 A by-law to appoint a Deputy Clerk for the Town of Markham (Andrew Nicholas Brouwer)

BY-LAW 2008-263 A by-law to dedicate certain lands as part of the highways of the Town of Markham (Blocks 123 and 124, Plan 65M-3884 - Gas Lamp Lane; Blocks 126 and 127, Plan 65M-3884 - Lane B; Block 128, Plan 65M-3884 - Morning Dove Drive; Blocks 129 and 130, Plan 65M-3884 - Capogna Street; Blocks 396 and 397, Plan 65M-3767 - Gas Lamp Lane).

BY-LAW 2008-264 A by-law to dedicate certain lands as part of the highways of the Town of Markham (Part of Block 377, Plan 65M-3767, designated as Part 1, Plan 65R-31320 - Lane K and Part of Block 24, Plan 65M-3637, designated as Part 3, Plan 65R-31320 - Riverlands Avenue).

BY-LAW 2008-265 A by-law to designate part of a certain plan of subdivision not subject to Part Lot Control (Yorkwood Homes, Blocks 25 to 34 and Blocks 63 to 69, Plan 65M-4074, north of 16^th Avenue and east of Mingay Avenue).

BY-LAW 2008-266 A by-law to amend Zoning By-law 177-96, as amended (U486 Builders Incorporated, 7635 Markham Road, east side of Markham Road, north of Kirkham Drive -To remove (H) Hold provision permitting the construction of a retail-commercial building).

BY-LAW 2008-267 A by-law to amend Zoning By-law 304-87, as amended (Monarch Corporation - Heritage at Victoria Square, Part Lot 26, Concession 3, north side of Elgin Mills Road and west of Woodbine Avenue - To delete subject properties from the designated area of By-law 304-87, as amended, so that they maybe incorporated into Zoning By-law 177-96, as amended, permitting a residential development).

(Communication No. 93-2008)

BY-LAW 2008-268 A by-law to amend Zoning By-law 83-73, as amended (Monarch Corporation - Heritage at Victoria Square, Part Lot 26, Concession 3, north side of Elgin Mills Road and west of Woodbine Avenue - To delete subject properties from the designated area of By-law 83-73, as amended, so that they maybe incorporated into Zoning By-law 177-96, as amended, permitting a residential development).

(Communication No. 93-2008)

BY-LAW 2008-269 A by-law to amend Zoning By-law 177-96, as amended (Monarch Corporation - Heritage at Victoria Square, Part Lot 26, Concession 3, north side of Elgin Mills Road and west of Woodbine Avenue - To permit a residential development).

(Communication No. 93-2008)

BY-LAW 2008-271 A by-law to designate part of a certain plan of subdivision not subject to Part Lot Control (Forest Bay Homes, Part of Block 155, Plan 65M-3669, designated as Parts 1 to 6, Plan 65R-31350).

CARRIED

13. IN-CAMERA ITEMS

REPORT OF DEVELOPMENT SERVICES COMMITTEE - December 9, 2008

Moved by Councillor J. Virgilio

Seconded by Regional Councillor G. Landon

That In-camera Item No. 1 be received and adopted.

(1)        PROPERTY ACQUISITIONS FOR
            RODICK ROAD PHASE 3
            (14^TH AVENUE TO ESNA PARK DRIVE) (8.6)

That the confidential report entitled “Property Acquisitions for Rodick Road Phase 3” be received; and,

That staff be authorized to finalize negotiations with various owners for the acquisition of all lands required for the extension of Rodick Road Phase 3 from 14^th Avenue to Esna Park Drive, including those identified in the Attachments A, B and C; and,

That Council authorize the Mayor and the Clerk to execute Agreements of Purchase and Sale and all related documents, in a form and content satisfactory to the Chief Administrative Officer and the Town Solicitor, to acquire lands or Temporary Limited Interests in land as shown on Attachment A, B and C or such other parcels that are necessary for the project, including land exchanges as described below, subject to the approval of Chief Administrative Officer; and,

That minor adjustments to the land areas identified during the detailed design are subject to approval by the Director of Engineering; and,

That those parts of 60 Esna Park Drive, which is owned by the Town, that are not required for the Rodick Road right-of-way, be declared surplus as identified in Attachments B and C; and,

That staff are authorized to negotiate land exchanges with the adjacent land owners for the purpose of acquiring lands needed for this project, or the outright sale of the surplus lands to the adjacent owners; and,

That the funding for the property acquisition costs including land, appraisals and legal services in the amount of $500,000 from the 2009 Proposed Engineering Department’s Capital Project #9300 be pre-approved; and,

That the sources of funding for this project be from Development Charges (100%); and,

That the Town Solicitor be authorized to initiate expropriation proceedings, if necessary, including agreements pursuant to section 30 of the Expropriations Act, and to take any action required, to effect the acquisition of the properties described above including execution of all required documents; and further,

That Staff be authorized and directed to take the actions necessary to give effect to this report.

CARRIED

14. CONFIRMATORY BY-LAW

Moved by Regional Councillor T. Wong

Seconded by Councillor L. Kanapathi

That By-law 2008-270 be given three readings and enacted.

Three Readings

BY-LAW 2008-270 A by-law to confirm the proceedings of the Council meeting of December 16, 2008.
(Council Meeting No. 18, 2008)