<span lang="EN-GB" style="font-size:14.0pt;mso-bidi-font-family:&quot;Times New Roman&quot;"> Meeting No. 12

That the report titled “Development Charges Indexing July 1, 2007” be received;

And that Council approve an increase in development charges of 2.8%, effective July 1, 2007.

(3) DEVELOPMENT CHARGE DEFERRAL – BOX GROVE
HILL DEVELOPMENTS INC. (7.3)

That the report titled “Development Charge Deferral – Box Grove Hill Developments Inc.” be received;

And that the Mayor and Clerk be authorized to execute an agreement with Box Grove Hill Developments Inc for the deferral of the Town Wide Hard and Area Specific development charges on 2.884 hectares of land pending the approval of the land severance application B16/07 on Block 185, Plan 65M-3907, in a form satisfactory to the Town Solicitor;

And that the agreement provide that the Town Wide Hard and Area Specific Development Charge be deferred pending the approval of the land severance application B16/07 to be considered by the Committee of Adjustment on June 13, 2007;

And that the agreement provide that in the event the land severance application is not approved, that the Town Wide Hard and Area Specific Development Charges be immediately payable on the 2.884 hectares;

And that the agreement provide that in the event the land severance application is not approved, and Box Grove Hill Developments Inc. does not provide payment, that the Town Wide Hard and Area Specific Development Charges on the 2.884 hectares be added to the tax roll in accordance with section 32 of the Development Charges Act, 1997;

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

(4)        SPONSORSHIP OF THE 2007 CANADIAN CHAMBER
            OF COMMERCE ANNUAL GENERAL MEETING
            IN MARKHAM (10.16, 12.2.6).

That the report dated June 11, 2007 entitled “Sponsorship of the 2007 Canadian Chamber of Commerce Annual General Meeting in Markham” be received;

And that the Town of Markham sponsors the Canadian Chamber of Commerce event in 2007, in the amount of $10,000;

And that the one-time funding be provided for from the Corporate Contingency account, 840-841-7849;

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

(5) AWARD OF TENDER 052-T-07 CONSTRUCTION OF
VILLAGES OF FAIRTREE COMMUNITY PARK (7.12)

That the report entitled “Award of Tender 052-T-07, Construction of Villages of Fairtree Community Park” be received;

And that the contract for Tender 052-T-07 for the construction of Villages of Fairtree Community Park be awarded to the lowest priced qualified bidder, Gateman-Milloy Inc. in the amount of $1,368,321.79, exclusive of GST;

And that a contingency in the amount of $136,832.00 exclusive of GST, be established to cover any additional construction and consultant costs and that the Director of Planning and Urban Design be authorized to approve expenditure of this contingency amount up to the specified limit and to provide a monthly statement of these expenditures to the Town Treasurer;

And that the award be funded from Planning and Urban Design’s Capital Budget account 81-5350-6259-005, Villages of Fairtree Community Park in the amount of $1,445,900.00 and account 81-5350-6654-005, Wismer Neighborhood Park 3 in the amount of $149,863;

And that upon payment of all invoices associated with this project, any remaining funds will be returned to the original funding sources.

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

(6) AWARD OF TENDER 060-T-07 CONSTRUCTION OF
ORCHARD VIEW NEIGHBOURHOOOD PARK (7.12)

That the report entitled “Award of Tender 060-T-07, Construction of Orchard View Neighbourhood Park” be received;

And that the contract for Tender 060-T-07 for the construction of Orchard View Neighbourhood Park be awarded to the lowest priced bidder, Zuron Construction Inc in the amount of $405,312.72 exclusive of a $40,531.00 contingency and GST;

And that a consultant and construction contingency amount of $40,531.00 exclusive of GST, be established to cover additional consultant/construction costs and that the Director of Planning & Urban Design or designate be authorized to approve expenditures of this contingency amount up to the specified amount in accordance with the Expenditure Control Policy;

And that staff be authorized to issue a PO in the amount of $28,788.76 for Madison Homes Ltd. for financing the design work of Orchard View Neighbourhood Park;

And that staff be authorized to retain Cosburn Giberson for contract administration services in the amount of $15,500 on a non-competitive procurement basis pursuant to Purchasing By-law 2004-341, Part II, Section 7 (1c);

And that the above be funded from Planning and Urban Design’s Capital Budget account

81-5350-7626-005, Greensborough N.P. Orchard View in the amount of $494,400.00 and account 81-5350-6654-005, Wismer Neighbourhood Park 3 in the amount of $33,172.48;

And that upon payment of all invoices associated with this project, any remaining funds will be returned to the original funding sources;

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

(7) EXTENSION OF CONTRACT 133-T-06 CCTV INSPECTION
OF SANITARY AND STORM SEWER MAINS (5.5, 7.12)

That the report entitled “Extension of Contract 133-T-06 CCTV Inspection of Sanitary and Storm Sewer Mains” be received;

And that Contract 133-T-06 for CCTV Inspection of Sanitary and Storm Sewer Mains be extended for Two (2) years with Veolia ES Sewer Services Inc. in the estimated annual amount of $300,000 totalling $600,000, exclusive of GST;

And that funds for this contract for the 2007 period be drawn fro the 2007 Capital and Operating Budget Accounts as listed in the financial considerations in the amount of $300,000, exclusive of GST;

And that funds for this contract for the 2008 period, in the amount of $300,000, exclusive of GST, be included in the 2008 budget discussion and subject to Council approval;

And that the remaining balance be applied to other sanitary and storm sewer main projects;

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

(8) 2007 CANADIAN OPEN TRAFFIC
MANAGEMENT PLAN (5.12, 12.2.6)

That authority to enact temporary parking restrictions and road closures, as required to address traffic circulation for the 2007 Bell Canada Open at Angus Glen Golf Club, be delegated to the Commissioner of Community and Fire Services or designate;

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

(9) ANNUAL WATER QUALITY REPORT
JANUARY- DECEMBER, 2006 (5.3)

That the Annual (2006) Summary Report to Council as required by Schedule 22 of Ontario Regulation 170/03 enclosed herein be received;

And that the Annual (2006) Regulatory Report to Ministry of the Environment (MOE) (Attachment “A”), comprised of Parts I, II & III – Form 2, III-Form 6 for the Ministry of the Environment on water supply and quality as required by Section 11 of Ontario Regulation 170/03 be received;

And that Council directs staff to post the Annual (2006) Regulatory Report to MOE on the Town’s website and that it be made available and provided to residents upon request in hard copy version;

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

(10)      PROTECTION OF THE WATER DISTRIBUTION SYSTEM
            THROUGH BACKFLOW PREVENTION AND
            CROSS-CONNECTION CONTROL (5.3)

Report 1 By-law

That Council endorse the proposed strategy to implement a backflow prevention and cross-connection control program for protection of the Markham drinking-water system as set out in this report;

And that Council enact a By-law to regulate cross-connections and backflow prevention on private plumbing systems in a form substantially similar to Attachment “B”;

And that staff be authorized and directed to review and bring forward for consideration technologies that can reduce the risk and impact of contamination of the drinking-water system due to backflows originating from those properties that are currently exempted from the provisions of the By-law;

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

(By-law 2007-142)

CARRIED

(11) COMMUNITY REUSE DONATION CENTRE
PROGRAM EXPANSION (5.2, 5.1)

That the report titled, “Community Reuse Donation Centre Program Expansion” be received;

And further that staff be authorized to locate a Goodwill Community Reuse Donation Centre trailer adjacent to the Markham Village Recycling Depot, similar to that which is located in Thornhill.

CARRIED

(12) PROPOSED RESTRUCTURING OF RECREATION
HALL RATES (6.4)

Report 1 2 3 4

That the report titled “Proposed Restructuring of Recreation Hall Rates” be received;

And that the proposed Restructuring of Recreation Hall Rates be approved and implemented September 1, 2007;

And that Council approve and authorize the Director of Recreation Services to increase fees annually based on the change in the Consumer Price Index (CPI) with such increases effective September 1 and rounded to the nearest ½ dollar (see Appendix D);

And that By-law 2002-276, a by-law to impose fees and charges for services or activities provided or done by the Town of Markham, be amended to reflect the new rates;

And further that notice to the public is provided in accordance with By-law 2002-275, a by-law to prescribe the form and manner and times for the provision of reasonable notice;

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

(By-law 2007-143)

(13) 2007-2008 ICE ALLOCATION REPORT (6.1)

Report 1 2 3 4 5

That the report entitled “2007-2008 Ice Allocation Report” be received;

And that Council approve the revised Ice Allocation Policy (Appendix A – note changes have been highlighted);

And that Council approve the Ice Allocation Schedule (Appendix B) for the 2007-2008 ice season;

And that Council receive the Special Events List (Appendix C) for the 2007-2008 ice season;

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

(14) 2006 MISSION GREEN PROGRAM UPDATE AND
PROPOSED 2007 PILOT PROJECTS (5.2)

Whereas the Town of Markham has a goal to divert 70% of its residential waste from landfill;

And Whereas staff has applied for project funding from the Federation of Canadian Municipalities Green Municipal Enabling Fund and Stewardship Ontario’s Effectiveness & Efficiency Fund;

Be It Now Resolved That the report titled, “2006 Mission Green Program Update and Proposed 2007 Pilot Projects” be received;

And that Markham’s diversion target be increased from 70% to 75% in 2009;

And that staff be authorized to proceed with developing a pilot project to test the acceptance, compliance and potential diversion impact of residents using transparent bags for curbside residue and blue bags for overflow recycling;

And that the Region of York be requested to support Markham’s transparent bag pilot by accepting for recycling, the overflow blue bags from the pilot area, at the Region’s recycling facility;

And that staff be authorized to proceed with developing a “Litter Lid” pilot project to test a new style of blue box cover as a potential method for decreasing blue box litter and increasing blue box recycling capacity;

And that staff report back on the addition of a third area for the pilot in which transparent bags are used for curbside residue;

And that staff bring back information on alternatives for recycling bins and that they include the possibility of using a larger blue bin with wheels as well as a “blue sticker” that could be affixed to household bins;

And that the costs to conduct the proposed pilot projects not funded from the Green Municipal Enabling Fund or the Stewardship Ontario Effectiveness & Efficiency Fund, to the upset limit of $49,000, be offset by favourable 2007 Waste Diversion Ontario Blue Box funding;

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

(15) TURF MAINTENANCE REPORT (5.7, 6.3)

Report 1 2 3

That the staff report entitled “Turf Maintenance Report” be received;

And that the implementation of cultural practices on Town properties as part of the Operations Department’s turf maintenance program be approved in principle;

And that Council approve implementation of Year One of the proposed Five Year Turf Standards Implementation Plan attached as Appendix “A”, at a cost of $88,423.00 in the 2007 Parks/Operations Operating Budget (Account #730-732-5415), and $200,000.00 in the 2007 Parks/Operations Capital Budget (Enhanced Cultural Practices – Account #059-5350-7503-005);

And that years two to five of the Five Year Turf Standards Implementation Plan (Appendix “A”) be included annually in the Parks/Operations Operating and Capital Budget submissions from 2008 to 2011 for Council’s consideration;

And that staff be authorized to engage an organic turf management company to address the issue of weeds;

And that staff be authorized to implement Sports field Rehabilitation Strategy 2 for up to ten (10) “B” level sports fields with greater than 50% weed populations, as outlined in the "Turf Maintenance Report";

And that Development Services incorporate recommendations from the Operations Department to improve both the design and construction practices for new sports field construction in all new park construction projects;

And that the Director of Strategic Services work with the Development Services Commission to identify opportunities to accelerate construction of new sports fields in new subdivisions;

And that the Director of Strategic Services work with the Operations Department the Markham Sports Council, and Sport Field user groups to develop new policies on use of sports fields and report back to Committee and Council in the fall of 2007 with recommendations for implementation in 2008;

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

CARRIED AS AMENDED

(See following motion to amend)

Moved by Regional Councillor J. Heath

Seconded by Deputy Mayor J. Jones

That Clause (15) be amended to delete the following paragraph 5 in its entirety:

"That staff be authorized to engage an organic turf management company to address the issue of weeds and pesticides and that the spraying of weeds and pesticides in 2007 be utilized only as a method of last resort;"

And that the following be added as paragraphs 5 and 6:

"And that staff be authorized to engage an organic turf management company to address the issue of weeds;

CARRIED

(16) YORK DURHAM EA UPDATE AND WASTE DIVERSION
OPPORTUNITIES (5.7)

That the report titled, “Waste Diversion Opportunities and York Durham EA Information” be received,

And that staff be directed to investigate and report back on the diversion initiatives outlined in this report,

And that the Markham’s Waste Management staff work with the Purchasing and Asset Management Departments to investigate and report back on a Zero Waste procurement policy for all purchasing activities within the Town, including financial implications,

And that a copy of this Report be forwarded to York Region, Durham Region, and each of the Area Municipalities in the Regions of York and Durham;

And that staff bring forward a report to provide comprehensive details on the implementation and communication of a Zero Waste philosophy as well as additional waste diversion opportunities to a fall meeting of the General Committee;

And further that this report include a recommendation suggesting that the Region of York reconsider accepting blue bags for overflow recycling waste.

CARRIED

6(b) REPORT NO. 40 - GENERAL COMMITTEE (June 18, 2007)

Council consented to separate Clauses (2), (7), (8) and (9).

Moved by Councillor A. Chiu

Seconded by Councillor E. Shapero

That Report No. 40 - General Committee be received and adopted.

(1) CANCELLATION, REDUCTION OR REFUND OF TAXES UNDER
SECTIONS 357 AND 358 OF THE MUNICIPAL ACT, 2001 (7.1)

That residential taxes totalling $494,104.00 be adjusted under Section 357 (in the amount of $355,680.21) and Section 358 (in the amount of $138,423.79) of the Municipal Act, 2001 of which the Town’s portion is estimated to be $123,971.46.

And that the associated interest be cancelled in proportion to the tax adjustments;

And that the Treasurer be directed to adjust the Collector’s Roll accordingly;

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

(2) ADVISORY COMMITTEE/BOARD
APPOINTMENTS (16.24)

That Mr. Michael Khan be appointed to the Markham Advisory Committee on Accessibility for a term to expire November 30, 2010;

And that the following individuals be appointed to the Markham Conservation Committee for a term to expire November 30, 2010:

Brent Mersey
Lloyd Helferty
Lisa Wilson
Samuel Yip
Serena Chin
Christopher Sauer
Justin Chin

And that the resignation of Mr. Tom Allan from the Markham Theatre Advisory Board be accepted with regret.

CARRIED

(3) MARKHAM FOOD BANK: REQUEST FOR FUNDING (7.0)

That the report entitled “Markham Food Bank: Request for Funding” be received

And that the Markham Food Bank be given a one-time grant in the amount of $8,925 to cover 50% of their gross lease expenses for the period of April 1, 2007 to March 31, 2008;

And that the grant of $8,925 be funded from the Corporate Contingency Account #84841-7849;

And that an annual grant to the Markham Food Bank be considered as part of the annual operating budget process;

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

(4)        EXTENSION OF CONTRACT 032-R-05,
            WASTEWATER COLLECTION
            SYSTEM REHABILITATION AND
            MAINTENANCE ON VARIOUS STREETS (5.1)

Report UpdateMemo

That the report entitled “Extension of Contract 032-R-05, Wastewater Collection System Rehabilitation and Maintenance on Various Streets” be received;

And that the contract with LiguiForce Services (Ontario) Inc. for “Wastewater Collection System Rehabilitation and Maintenance on Various Streets” be extended for one (1) additional year in the amount of $1,432,500.00, exclusive of GST to expire on July 01, 2008 at the same terms, conditions and 2005 itemized prices;

And that the award be funded from 2007 Waterworks Capital Budget Account, 53-6150-7670-005, Sewer System Upgrades in the amount of $1,432,500.00;

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

(5) AWARD OF TENDER 029-T-07 ROUTINE
& EMERGENCY SEWER AND WATERMAIN REPAIRS (5.4)

That the report entitled “Award of Tender 029-T-07 Routine & Emergency Sewer and Watermain Repairs” be received;

And that tender 029-T-07 for Routine & Emergency Sewer and Watermain Repairs be awarded to the lowest priced bidder, Finch Paving (1993) Inc. for an estimated contract value totalling $2,866,899.60 exclusive of GST, for a period of four (4) years;

And that funds for this contract for the 2007 period (July to December) be drawn from the 2007 Operating Budget Accounts as listed in Appendix ‘A’ in the amount of $359,830, exclusive of GST;

And that the following 2008-2010 estimated costs be provided for within the respective years budget submission for the Waterworks Department;

2008 $790,972.12
2009 $834,800.16
2010 $881,297.32

And that the remaining balance be applied to other waterworks projects;

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

And that staff bring forward a list of upcoming projects to a forthcoming meeting of the General Committee for approval.

(6) PROCEDURAL BY-LAW GOVERNING THE DELEGATION OF
AUTHORITY TO REAL PROPERTY MATTERS (8.7)

That the report entitled “Procedural By-law Governing the Delegation of Authority to Real Property Matters” be received;

And that approval for the acquisition, disposition, lease or license of real property that do not contravene the objectives of Council be delegated to the Chief Administration Officer or designate, within the limitations set out in this report;

And that a memorandum be circulated to all Members of Councillor prior to any action being undertaken by staff;

And that, as a result, staff not report to Council on a bi-annual basis;

And that Council enact a By-law to provide for the delegation of authority for those real property matters set out in the draft By-law attached to this report;

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

(By-law 2007-144)

(7) ANGUS GLEN OVERNIGHT PARKING PERMIT PROGRAM (2.17)

Report By-law 1 Update Memo & Revised By-law

That the report entitled “Angus Glen Overnight Parking Permit Program” be received;

And that the Parking Control By-law be amended to permit overnight parking within the Angus Glen Subdivision subject to a fee of $30.00 per month for each vehicle;

That Staff report back on the hiring of additional parking officers to enforce overnight permit parking throughout the Town of Markham;

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

(By-law 2007-145)

CARRIED

(8) REPORT ON PESTICIDE BY-LAW REGULATING THE
NON-ESSENTIAL USE OF PESTICIDES (5.7)

That the report entitled “Report on Pesticide By-law Regulating the Non-Essential Use of Pesticides” be received;

That Council enact the By-law attached as Appendix 1 to this report to regulate the non-essential use of pesticide on public and private property;

That funding from the Pesticide Education account # 730 998 4238 (approximately $30,000) and any remaining funds from the account for a moderator #77 5399 6808 005 (approximately $3,000) to be used for an education program on the By-law and alternative lawn care practices in 2007;

That a Committee be formed with representatives from Operations, Strategic Services, Communications departments and include the Chair of the Markham Environmental Issues Committee, and the Chair of the Markham Communications Committee to direct an education and communications program;

And that funding in the amount of $100,000 be pre-approved for the 2008 capital budget for a comprehensive education/communications program;

And that Item 2(b), xiii within the proposed By-law be amended to add “…and that all records be submitted to the Town Clerk on an annual basis.” to the end of the paragraph;

And that Item 2(b), xiv; “To control vegetation growth within a hydro transmission station or hydro corridor provided such use or application is permitted only under the direction of an IPM Accredited Agent” be deleted;

And that staff explore opportunities to disseminate information the Town currently has on the matter of maintaining a healthy lawn without the use of pesticides;

And that a letter of thanks be forwarded to all current members of the Pesticide Reduction Steering Committee;

And that the annual pesticide audit documentation and resulting reports be forwarded to Council, in a summary report, annually;

And that Mr. Frank Reddick of Turf Logic Inc. be invited to attend a General Committee meeting in September, 2007, to make a deputation regarding the pesticide by-law’s treatment of grubs and chinch bugs; and, that subsequent to this deputation, staff be requested to report back to the General Committee on the issue;

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

(By-law 2007-146) (Communication 50-2007)

CARRIED AS AMENDED

(See following record vote) (12:0)

(See following motion to amend)

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

ABSENT: Councillor J. Virgilio

Moved by Regional Councillor T. Wong

Seconded by Councillor D. Horchik

That Clause (8) be amended to delete the following paragraph:

"And that the By-law be reviewed after January 2011;"

And that the following paragraphs be added;

"And that the annual pesticide audit documentation and resulting reports be forwarded to Council, in a summary report, annually.

CARRIED

(9) CANADIAN SPORTS INSTITUTE (3.0)

That the report titled “Canadian Sports Institute” be received;

And that Council endorses, in principle, the hosting of CSIO facility in Markham;

And that the Town of Markham support, in principle, a cash contribution of $55.5 million, in-kind contributions with a value of $13 million (projected for 10 years), which includes land at $7 million and Municipal property tax avoidance of $6 million, subject to confirmation of financial commitments from other levels of government and stakeholders;

And that additional $100,000 be provided to support any further analysis, to be funded from the Corporate Stabilization Reserve;

And that authorization be granted for the Town, in conjunction with the CSCO, to approach the Federal and Provincial governments and other potential stakeholders for financial and non-financial support;

And further that CSIO steering committee and staff report back to General Committee on an ongoing basis with progress.

CARRIED

(10) COMMUNITY AND FIRE SERVICES COMMISSION (11.0)

That interim responsibility for the Commissioner of Community and Fire Services be divided into two areas and that Mr. Peter Loukes be appointed as the director responsible for Operations and Water Works and Mr. Allan Seabrooke be appointed as the director responsible for Library Services, Fire Services, Recreation and Culture.

CARRIED

6(c) REPORT NO. 41 - DEVELOPMENT SERVICES COMMITTEE (June 19, 2007)

Council consented to separate Clauses (1) and (8).

Moved by Deputy Mayor J. Jones

Seconded by Councillor J. Webster

That Report No. 41 - Development Services Committee be received and adopted.

(1) DESIGN, CONSTRUCTION AND FINANCING OF
THREE PARKS IN PHASE 1 OF THE
CATHEDRAL TOWN COMMUNITY BY
CATHEDRAL TOWN LTD., AND 404 DEVELOPMENTS INC. (5.6)

That the report to Development Services Committee, entitled “"Design, Construction and Financing of Three Parks in Phase 1 of the Cathedral Town Community by Cathedral Town Ltd. and 404 Developments Inc.” be received;

And that Council approve the request by Cathedral Town Ltd., and 404 Developments Inc. to finance the cost of design, construction and contract administration of three parks known as ‘the Arboretum’, ‘Park Square’ and ‘Panorama Park’ (Blocks 121, 122 and 123, respectively on Plan 65M-3830) in Phase 1 within the Cathedral Town Community, subject to the following conditions:

That Cathedral Town Ltd., and 404 Developments Inc. finance the cost of the design, construction and contract administration of the three parks (totalling 2.82 ha or 6.9 acres in area) to a minimum value of $140,000 per acre which totals approximately $966,000.00 inclusive of all applicable taxes;

That, subject to compliance with these terms and conditions, the Town of Markham reimburse Cathedral Town Ltd., and 404 Developments Inc. up to $966,000.00 towards this project from development charges for park development under the understanding that Cathedral Town Ltd., and 404 Developments Inc. may contribute additional funds, which will not be reimbursed by the Town, towards the development of these parks;

That Cathedral Town Ltd., and 404 Developments Inc. contribute an additional $100,000 towards facility upgrades in Victoria Square Park (existing Town park on Elgin Mills Road) to be built in conjunction with the construction of Blocks 121, 122 and 123, for which they will not be reimbursed by the Town;

That the Town reimburse Cathedral Town Ltd., and 404 Developments Inc. for invoices paid on a single lump sum basis for all approved costs associated with the design, construction and contract administration, including all applicable taxes, of these parks up to a maximum of $966,000.00, less the 10% holdback to be released to them upon final assumption of the park by the Town, after sufficient Development Charges for park development have been collected (90% of a maximum of $966,000.00) at the building permit stage for residential lots within the Cathedral Town Community to warrant repayment in full to the maximum allowable. No interest on such invoices shall be payable by the Town;

That owners / developers within the Cathedral Town Community, including Cathedral Town Ltd., and 404 Developments Inc., not receive any credit towards park development charges and continue to pay the park development charge at the building permit stage for all present and future development phases of subdivisions within the Cathedral Town Community;

That Cathedral Town Ltd., and 404 Developments Inc. hire a landscape architect who is a full member of the OALA having custody and use of the Association seal, and approved by the Town, to provide professional design, contract document, and contract administration services to the satisfaction of the Town;

That Cathedral Town Ltd., and 404 Developments Inc. conform with the Town’s standard park and open space approval process if necessary which includes development of several design concepts, holding community input meetings, presentation to selected Standing and Advisory Committees, as well as review and approval by the Planning and Urban Design Department in consultation with the Parks Operations Department. This process will also be informed by the Town’s on-going Recreation Master Plan Update Study which will establish park facility requirements and priorities;

That Cathedral Town Ltd., and 404 Developments Inc. tender out the construction of the park works to a minimum of three bidders to the satisfaction of the Town and include a 2 year detailed maintenance contract for the parks to the Town’s satisfaction as part of the tendered works, the cost of which is the responsibility of Cathedral Town Ltd., and 404 Developments Inc.;

That, notwithstanding the requirements of Condition (8) above, Cathedral Town Ltd., and 404 Developments Inc. shall also maintain these parks to Town standards, from the time that it is built, until such time as the park would normally have been built in accordance with the Town’s park development strategy for Cathedral Town (which normally coincides with the time when sufficient Development Charges for park development have been collected within the Cathedral Town Community to warrant starting park construction). The Town will not reimburse Cathedral Town Ltd., and 404 Developments Inc. for costs associated with this additional maintenance obligation for these parks;

That the Town amend the 2007 Capital Budget for Urban Design, Development Services Commission, and establish a capital project for these park works with a budget of $1,052,940 which includes $966,000 and an internal capital administration cost of $86,940 funded from the Development Charge Reserve (90% / $947,646) and tax-funded Capital Contingency 44-6900-6395-005 (10% / $105,294);

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

CARRIED

(2) NAMING OF THE WOODBINE AVENUE BY-PASS ROAD
AND RENAMING OF THE FUTURE
BY-PASSED SECTION OF WOODBINE AVENUE (10.14)

That the report entitled “Naming of the Woodbine Avenue By-Pass Road and Renaming of the Future By-Passed Section of Woodbine Avenue”, dated June 19, 2007, be received;

And that the Town of Markham request the Region of York to name the future by-passed section of Woodbine Avenue north of Major Mackenzie Drive and south of 19^th Avenue as Victoria Square Boulevard;

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

(3) BUILDING ENCROACHMENTS INTO
MUNICIPAL EASEMENT
MATTAMY DEVELOPMENTS (WYKLAND ESTATES)
PLAN 65M-3884, LOTS 59, 60 AND 64 (10.0)

That the report entitled “Building Encroachments into Municipal Easement, Mattamy Developments (Wykland Estates) Plan 65M-3884, Lots 59, 60 and 64” be received;

And that a by-law be enacted to release and abandon the municipal servicing easement over Parts 2, 3, 6, 7, 10 and 11 as shown on Plan 65R-29899;

And that the Town Solicitor be authorized to approve and execute the necessary release and abandonment of easement in respect of Parts 2, 3, 6, 7, 10 and 11 on Plan 65R-29899;

And that Ballantry Homes satisfy the Town Solicitor that it will be responsible for the preparation of all necessary transfers, reference or survey plans, fees, environmental clearances and all other documents and for all costs incurred by the Town related to the builders encroachment into the municipal servicing easement and the release and abandonment of the easement;

And that Ballantry Homes pay to the Town the amount of $15,000 (3 lots @ $5000 each) as compensation towards potential future increased maintenance and repair costs as a result of the reduced easement width on Lots 59, 60 and 64 on Plan 65M-3884, to be deposited in the Community Services Commission Operating Reserves Account;

And that Ballantry Homes pay the Town’s Legal and Engineering fees associated with these transactions in the upset amount of $4,500 ($1,500/lot);

And that the Building Standards, Engineering and Planning Departments pursue measures with the development industry to prevent the encroachment of buildings in municipal easements;

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

(By-law 2007-147)

(4) NAAM GROUP INC.
SOUTH-WEST CORNER OF RODICK ROAD
AND YORKTECH DRIVE
DEEMING BY-LAW DY 06 128490 (10.0)

That the staff report dated June 19, 2007 entitled “Naam Group Inc., South-west corner of Rodick Road and Yorktech Drive, Deeming By-law”, be received;

And that Council enact the By-law attached as Appendix “A” to deem Lots 3 and 4, Registered Plan 65M-2755, not to be part of a registered plan of subdivision;

And that staff take appropriate action as required under Section 50 of the Planning Act;

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

(By-law 2007-148)

(5) RENAMING OF HIGHWAY 7 WITHIN
THE TOWN OF MARKHAM (10.14)

That the report entitled “Renaming of Highway 7 within the Town of Markham”, dated June 19, 2007, be received;

And that consideration of the following clauses be deferred until September, 2007 to consider alternative naming options:

“And that the Town of Markham request the Region of York to consider options for renaming the section of Highway 7 within the Town of Markham under the Region’s jurisdiction from “Highway 7” to a name more representative of an urban arterial road than a Provincial Highway;

And that the Region consult with other York Region municipalities (Vaughan and Richmond Hill) and adjacent Regions and municipalities that also have Highway 7 frontage, and with the public and area businesses;

And that one of the options considered be the possible renaming of Highway 7 to Avenue 7;”

And that the Town request the Region of York to initiate a request to the Ministry of Transportation for the transfer of the Provincially owned section of Highway 7 in the Town of Markham to the Region of York.

(6) COMMERCIAL FAÇADE IMPROVEMENT
GRANT APPROVAL, DR. CRAIG S. ANDERSON
128 MARKHAM MAIN STREET NORTH
MARKHAM VILLAGE HERITAGE CONSERVATION DISTRICT (10.0)

That Council has no objection to the owner of 128 Markham Main Street North receiving the maximum grant available from the Markham Commercial Façade Improvement Grant Program, provided that the applicant meets all other applicable requirements;

And that the Mayor and the Clerk be authorized to execute a Heritage Conservation Easement Agreement between the property owner of 128 Markham Main Street North, and the Town;

And that the three capital planning budgets related to Heritage Districts, Façade Improvement/ Sign replacement program (80-5350-3511-005 / 80-6150-6633-005 / 80-6150-7050-005) be consolidated into 80-6150-6633-005;

That the grant be funded through the consolidated Heritage Districts, Façade Improvement / Sign replacement program Capital Account (080-6150-6633-005) (see pg. 2) up to the maximum of $15,000.00;

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

(7) MILLER PAVING LIMITED
EAST SIDE OF WOODBINE AVENUE,
NORTH OF 14^TH AVENUE
TECHNICAL OFFICIAL PLAN
AND ZONING BY-LAW AMENDMENTS
OP. 04-017217 & ZA. 04-017225 (10.3, 10.5)

Report Appendix A-C Appendix D Correspondence

That the Conceptual Built Form Master Plan for the commercial lands on the Miller Paving Limited property be received;

And that the attached Zoning By-law amendments be enacted.

(By-laws 2007-149 and 2007-150)

(8) THORNHILL MARKHAM
HERITAGE CONSERVATION DISTRICT PLAN 2007 (10.0)

That the report entitled “Thornhill Markham Heritage Conservation District Plan – Revised Plan 2007” be received;

And that the correspondence from Ms. L. Harrison, 24 Deanbank Drive, Mr. M. Bishop, 129 John Street, Mr. G. Swinkin, Cassels and Graydon LLP, on behalf of 1547155 Ontario Ltd, 7751 Yonge Street, Mr. and Ms. Bryce, 7699 Yonge Street and Mr. and. Ms. Long, 159 John Street, be received;

And that the revised Thornhill-Markham Heritage Conservation District Plan (2007) and District Inventory (2007), be endorsed;

And that the By-law (attached as Appendix A) to amend the existing Thornhill-Markham Heritage Conservation District Plan By-law (270-86) by incorporating the revised Thornhill Markham Heritage Conservation District Plan (2007) and District Inventory (2007), together with the 1986 Study, be enacted, with a number of minor typographical corrections, save and except for the 12 metre maximum height provisions for buildings on Yonge Street, and any other inconsistencies with the Thornhill Secondary Plan, which will be enacted following appropriate amendments to the Thornhill Secondary Plan;

And that as per Section 41.1 (3) of the Ontario Heritage Act, Council shall cause notice of the by-law to be served on each owner of property located in the heritage conservation district and the Ontario Heritage Trust, and to be published in a newspaper having general circulation in the municipality;

And that if there are any objections to the By-law under Section 41.1 (4) of the Ontario Heritage Act, the Town Solicitor be directed to appear before the Ontario Municipal Board to defend the By-law;

And that Council consents to the removal of the word ‘commercial’ in reference to the type of building subject to the maximum height of buildings on Yonge Street in the Heritage District to ensure that any type of building would be subject to the height restriction;

And that a public meeting be held on September 4, 2007 to amend the Thornhill Secondary Plan in order to achieve consistency between it and the Revised Thornhill-Markham Heritage Conservation District Plan (2007), including consistent provisions in both documents relating to height, including the maximum 12 metre height provision for buildings on Yonge Street;

And that Staff be authorized and directed to do all things necessary to give effect to this resolution;

And that staff be directed to examine various options including a matching grant program or enhanced loan program for non-commercial designated properties to assist in heritage restoration projects, potentially using some of the monies currently allocated to the Heritage Loan Fund.

(By-law 2007-151)

CARRIED

(9) STRINGBRIDGE INVESTMENTS LIMITED
3495 HIGHWAY 7
(SOUTH SIDE, WEST OF TOWN CENTRE BLVD)
APPLICATION FOR SITE PLAN APPROVAL
FOR A 4-STOREY OFFICE BUILDING SC: 06 135995 (10.6)

That the report dated June 19, 2007, entitled “Stringbridge Investments Limited, 3495 Highway 7 (south side, west of Town Centre Blvd), Application for Site Plan Approval for a 4-storey office building, File No. SC 06 135995,” be received;

And that the application for site plan approval be endorsed, in principle, subject to the conditions attached as Appendix “A” and the following:

That the building elevations be refined as outlined in the staff report, to the satisfaction of the Director of Planning and Urban Design.
That the Owner obtain a minor variance and/or temporary use permission as outlined in the staff report to permit the proposed number and location of parking spaces on a temporary basis.
And that site plan approval be delegated to the Director of Planning and Urban Design or her designate, to be issued once the conditions outlined above have been satisfied. Site Plan approval is issued only when the Director has signed the site plan;

And that Council authorize the enactment of a by-law to remove the Hold Provisions H1 and H2 from the zoning of the subject lands, upon application by the Owner, once the conditions outlined in the staff report have been satisfied;

And that the Mayor and Clerk be authorized to execute a hoarding agreement, in a form satisfactory to the Town Solicitor and the Commissioner of Development Services, with Stringbridge Investments Limited;

And that this endorsement shall lapse and site plan approval will not be issued, after a period of three years commencing June 19, 2007, in the event that the site plan agreement is not executed within that period;

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

(10) A REVIEW OF THE TOWN’S STRATEGY
FOR SECOND SUITES (10.0)

That a Subcommittee of Development Services Committee be established to review the continued appropriateness of the Town’s current strategy for second suites and to investigate whether options for a strategy that would apply wider zoning permissions for second suites should be considered for public review and input;

And that the Subcommittee include a cross-section of members of the Development Services Committee, as outlined in this report;

And that the Subcommittee report back to Development Services Committee in the fall on a preferred option(s) for moving forward with a strategy for second suites including a public consultation/engagement process.

CARRIED

6(d) REPORT NO. 42 - DEVELOPMENT SERVICES PUBLIC MEETING (June 19, 2007)

Moved by Deputy Mayor J. Jones

Seconded by Regional Councillor G. Landon

That Report No. 41 - Development Services Public Meeting be received and adopted.

(1) TOWN-INITIATED ZONING
BY-LAW AMENDMENT TO PERMIT
A LARGER BUILDING FOOTPRINT FOR
RELOCATED HERITAGE BUILDINGS AND
ACCESSORY BUILDINGS – MARKHAM HERITAGE ESTATES
(ZA 06 112355) (10.5, 16.11.3)

That the written submissions from Greg and Tara Knight and Glen Baron, supporting the application regarding the proposed Zoning By-law amendment (File ZA 06 112355), Town initiated, to permit a larger building footprint for relocated Heritage buildings and accessory buildings, be received;

And that the Development Services Commission Report dated March 20, 2007 entitled “Town-Initiated Zoning By-Law Amendment to permit a larger building footprint for relocated heritage buildings and accessory buildings, Markham Heritage Estates, ZA 06 112355” be received;

And that the Record of the Public Meeting held on June 19, 2007, with respect to the proposed amendments to By-law 1229, as amended, be received;

And that the application by the Town of Markham. to amend By-law 1229, as amended, be approved;

And further that the proposed amendment to By-law 1229, as amended, be enacted without further notice.

(By-law 2007-152)

(2)        PINESHORE DEVELOPMENTS (WISMER) INC.
            SOUTH OF MAJOR MACKENZIE DRIVE
            ON THE WEST SIDE OF MINGAY AVENUE
            WISMER COMMONS COMMUNITY
            PROPOSED PLAN OF SUBDIVISION
            AND IMPLEMENTING ZONING BY-LAW AMENDMENTS
            SU 02 119221 (19TM-02019 – PHASE 2) AND ZA 07 110185 (10.7,10.5)

That the Record of the Public Meeting held on June 19, 2007 with respect to applications SU 02 119221 (19TM-02019 – Phase 2) and ZA 07 110185 submitted by Pineshore Developments (Wismer) Inc. for draft plan of subdivision approval and amendments to Zoning By-laws 304-87 and 177-96, be received;

And that draft plan of subdivision 19TM-02019 – Phase 2 be referred back to staff for further review and approval under section 2 (b) (iv) of Delegation By-law 2002-202, as amended.

And that amendments to Zoning By-laws 304-87 and 177-96 to implement draft plan of subdivision 19TM-02019 – Phase 2, be finalized for enactment.

(By-laws 2007-153 and 2007-154)

(3)        RICE COMMERCIAL GROUP
            APPLICATION FOR ZONING AMENDMENT
            TO PERMIT AND INDUSTRIAL/OFFICE BUILDING
            11258 WOODBINE AVENUE
            HIGHWAY 404 NORTH PLANNING DISTRICT ZA 07-114298 (10.5)

That the report from the Development Services Commission dated June 19, 2007, entitled “Rice Commercial Group, Application For Zoning By-law Amendment to permit the construction of industrial and office building, 11258 Woodbine Avenue”, be received;

That the Record of the Public Meeting held on June 19, 2007, with respect to the proposed amendments to By-laws 304-87 and 177-96, as amended, be received.

That the application by the Rice Commercial Group to amend By-laws 304-87 and 177-96, as amended, be approved;

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

(By-laws 2007-155 and 2007-156)

(4) MICHAEL JACOBS
APPLICATION FOR ZONING BY-LAW AMENDMENT
TO PERMIT FOUR SEMI-DETACHED
DWELLING UNITS AT 15 DEER PARK LANE,
MARKHAM VILLAGE (ZA 07 110580) (10.5)

That the report from the Development Services Commission dated May 15, 2007, entitled “Preliminary Report, Michael Jacobs, Application for Zoning By-law Amendment to Permit Four Semi-Detached Dwelling Units at 15 Deer Park Lane, Markham Village, ZA 07 110580” be received;

That the Record of the Public Meeting held on June 19, 2007, with respect to the rezoning application submitted by Michael Jacobs to amend By-law 1229, as amended, be received;

That the rezoning application by Michael Jacobs to amend By-law 1229, as amended, be approved;

And that the proposed amendment to By-law 1229, as amended, be enacted without further notice.

CARRIED

6(e) REPORT NO. 43 - GENERAL COMMITTEE (June 25, 2007)

Council consented to add Report No. 43.

Moved by Regional Councillor G. Landon

Seconded by Councillor A. Chiu

That Report No. 43 - General Committee be received and adopted.

(1) REPLACEMENT STRATEGY – LOSS OF SOCCER FIELDS
AT MARKHAM DISTRICT HIGH SCHOOL (6.4)

Report 1

That the deputation by Mr. C. Shea, President, Markham Soccer Club be received;

And that the report titled “Replacement Strategy – Loss of Soccer Fields at Markham District High School” be received;

That the Unionville/Milliken Soccer Subcommittee be reconstituted and include Councillors J. Webster, C. Moretti, Regional Councillors G. Landon, J. Heath and Mayor F. Scarpitti who will work with Town Staff on strategies to deal with loss of several sports fields;

And that funds be approved to an upset limit of $1.5 million dollars for the construction of one artificial turf sports field with lights and associated temporary parking and access;

And that staff work with the Markham Soccer Club to obtain their input on details for the construction of the sports field;

And that staff investigate options with the York Region District School board and the York Region Catholic School Board with respect to their lands in the East Markham Area and other areas, for future sportsfields construction;

And that the $1.5 million required for this project be funded from the Development charges, 90% of the $1.35 million, and the Ramp-up Reserve, 10% or $150,000;

And that staff contact the Ontario Realty Corporation (ORC) to determine which sites may be available for temporary usage;

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

(2) RACE RELATIONS COMMITTEE: AMENDMENT TO
THE TERMS OF REFERENCE REGARDING
COMMITTEE COMPOSITION (16.0)

Minutes Memo

That the deputation by Ms. L. Steward, Chair, Markham Race Relations Committee, regarding the Committee’s request for an amendment to the Terms of Reference regarding Committee composition be received;

And that the CAO be directed to appoint one senior staff member to serve as a resource to the Markham Race Relations Committee;

And that one Member from the Mayor’s Youth Task Force be appointed to the Markham Race Relations Committee;

And that the request to amend the Terms of Reference for the Markham Race Relations Committee be deferred to allow Council to discuss all matters with respect to diversity and a recommended option with respect to Committee Composition;

And that this recommended option be forwarded to the Markham Race Relations Committee for their input prior to going to General Committee for approval.

(3) I LOVE MARKHAM BOARDGAME (7.6)

That the presentation by Mr. D. Black and Mr. B. Hollingshead regarding the potential sponsorship of an “I Love Markham” board game be received;

And that $10,000 be granted in sponsorship of an “I Love Markham” board game with proceeds going to the charitable organization “Centre for Dreams” and that it be funded through the 2007 Economic Development budget;

And that the developer(s) of the game liase with the Town’s Communications and Economic Development Departments to ensure that the content to be included in the game adheres to Markham policy regarding content and best represents the character of Markham.

(4) OPTIONS FOR A REVISED BUILDING STRATEGY FOR THE
MUSEUM WARD BUILDING RECONSTRUCTION PROJECT (6.7)

That the deputation by Mr. L. Smith, Markham Historical Society, regarding the proposed building strategy for the Markham Ward Building be received;

And that the report entitled “Options for a Revised Building Strategy for the Museum Ward Building Reconstruction Project” be received;

And that staff proceed immediately with renovations to the existing ward building as proposed and that the $310,000 in funding be drawn from the existing budget for the project;

And that the proposal to construct an new building adjacent to the Ward building be referred to staff to consider options with respect to the location and size of the building, a funding strategy, potential LEED certification, the federal grant application and other matters on how to proceed and report back in the fall 2007;

And that a meeting be arranged with Minister of Culture, Councillor C. Moretti and Mayor F. Scarpitti to determine if a provincial contribution for this project is available.

(5) CLEGG ROAD EXTENSION AND CEDARLAND DRIVE (5.0, 7.12)

That the report entitled “Clegg Road Extension and Cedarland Drive” be received;

And that staff be authorized to issue a Purchase Order to the Region of York for underground service connections in Warden Avenue in the amount not to exceed $400,000;

And that funding in the amount of $480,000 be provided by Markham District Energy Inc. (MDEI) for their heating/cooling component of the project;

And that funding for this project be revised to reflect the credit agreements with Liberty Development (2015776 ONTARIO INC.) in the current amount of approximately $3,634,658.10;

And that the budgeted funding sources for the Clegg Road Extension and Courtyard Lane be adjusted to reflect the construction award to Advice Contracting Limited approved by Council on September 26, 2006, as detailed in Appendix A – Revised Budget;

And that any previously approved funding from Development Charges (DCA) and Taxes be returned to the DCA reserve fund and the Capital Contingency project respectively as detailed in Appendix A – Change vs. Original Budget;

And that the project name for 083-5350-6740-005 be amended from “Clegg Extension & Cedarland Dr.” to “Clegg Rd Extension & Courtyard Lane Construction”;

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

(6) FACILITIES AND ACCOMMODATION STRATEGIC PLAN (12.4, 8.4)

That the report entitled “Facilities and Accommodation Strategic Plan” be received.

And that Council endorses the concept of the Fire Department re-locating to 8100 Warden Avenue (“8100”) in 2008.

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

(7) RESIDENT NOISE CONCERNS AT CN BALA/YORK
RAILWAY INTERSECTION (THORNHILL AREA) (2.10)

That Committee receive the Noise and Vibration Impact Statement Summary Chart included as Attachment B to this report and outlining residential concerns regarding excessive noise and vibrations occurring from the CN Bala/York Railway Intersection (Thornhill);

And that staff be directed to initiate and coordinate the following:

Submission of the Noise and Vibration Impact Statement results of a consultant’s study on noise and vibration within the neighbourhood to CN;
Identification by the residents of representatives for a Public Liaison Committee;
Initiation of a Public Liaison Committee process with CN to review the findings of consultant’s study on noise and vibration in the area to develop recommendations on solutions or measures to address noise and vibrations;
Submission of report to Committee on the findings and recommendations on possible next steps, resulting from the Public Liaison Committee review;

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

(8) RELIGIOUS SYMBOLISM – THE OPTIONS (3.0)

Presentation

That the presentation by Ms. M. Brown, Diversity Coordinator, regarding options with respect to permitting religious symbolism on public property be received.

(9) MARKHAM ACCESSIBILITY GUIDELINES
2007 OVERCOMING BARRIERS (12.1)

Report 1 Guidelines

That the report titled “Update of Town of Markham Accessibility Guidelines” dated June 18, 2007 be received;

And that the Town of Markham General Committee endorse the Markham Accessibility Guidelines in principle;

And that staff receive feedback over the summer months and report back to General Committee in September 2007 with the recommended guidelines;

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

(10) MARKHAM FIRE & EMERGENCY SERVICES
2006 ANNUAL REPORT (3.0)

Annual Report

That the 2006 Annual Report from the Markham Fire and Emergency Services (MFES) be received;

And that the Fire Prevention Officers for the Town of Markham be recognized for their efforts in ensuring that smoke detectors and other fire prevention measures are employed in homes and businesses throughout the Town of Markham.

(11) FOURTH ANNUAL SUMMIT ON THE FUTURE OF CANADA’S INFRASTRUCTURE (13.12)

That Regional Councillor G. Landon be permitted to attend the Fourth Annual Summit on the Future of Canada’s Infrastructure in the City of Toronto on September 25 - 26, 2007.

(12) GRANT TO MARKHAM FAIR (7.6)

That $4,000 be granted to the organizers of Markham Fair to partially subsidize the cost of chartering transportation for the 2007 event and that it be funded through the Town’s Contingency fund;

And further that staff enter into discussions with the Markham Fair Board to determine future requirements.

CARRIED

6(f) REPORT NO. 44 - DEVELOPMENT SERVICES COMMITTEE (June 26, 2007)

Council consented to add Report No. 44 and to separate Clauses (12) and (13).

Moved by Deputy Mayor J. Jones

Seconded by Regional Councillor T. Wong

That Report No. 44 - Development Services Committee be received and adopted.

(1) MARKHAM CENTRE/PD 1-7 AREA
SERVICING REQUIREMENTS (5.3, 5.5)

That the staff report entitled “Markham Centre/PD 1-7, Area Servicing Requirements”, dated June 19, 2007, be received;

And that the principles of an agreement with the PD 1-7 developers for the financing of the Hwy 7 sanitary sewer, the Lonsmount/Sheridan stormwater management facility, storm sewers and the Class Environmental Assessment for Village Parkway, as set out in this report, be endorsed;

And that Mayor and Clerk be authorized to enter into Memorandums of Understanding with developers in the PD 1-7 area related to the construction and financing of the Hwy 7 sanitary sewer, the Lonsmount/Sheridan stormwater management facility, storm sewers and Village Parkway reconstruction, in a form satisfactory to the CAO, Town Solicitor and Town Treasurer;

And that staff report back to Council on all agreements necessary to construct and finance the Highway 7 sanitary sewer, the Lonsmount/Sheridan stormwater management facility and Village Parkway reconstruction for Council approval;

And that the principles of an agreement with Lonsmount Construction for the conveyance of easements and property for the construction of the ultimate Lonsmount/Sheridan stormwater management facility and storm sewers as set out in this report, be endorsed;

And that the Mayor and Clerk be authorized to execute an agreement with Lonsmount Construction Ltd. and other related documents relating to the acquisition of the property and easements over the lands owned by Lonsmount Construction Ltd, as necessary for the purpose of the construction of a stormwater management pond and storm sewers based on the principles set out in this report in a form satisfactory to the Chief Administrative Officer and Town Solicitor;

And that if by July 15, 2007 Lonsmount Construction Ltd. does not provide the necessary permanent and construction easements for the storm sewers and the stormwater management facility then staff be authorized to exercise the storm sewer option on the Sheridan lands;

And that the Mayor and Clerk be authorized to enter into Crossing Agreements with GO Transit to implement the construction of the Highway 7 Sanitary Sewer project, in a form satisfactory to the CAO and the Town Solicitor;

And that staff be authorized to file an amendment to the Class Environmental Assessment Study with the Ministry of the Environment for the Highway 7 sanitary sewer, to provide for the construction of a sanitary sewer on Main Street South Unionville;

And that the Mayor and Clerk to be authorized to enter into agreements with Ontario Realty Corporation and private property owners as may be required to obtain the lands and/or easements necessary to implement the construction of the Highway 7 sanitary sewer project in a form satisfactory to the CAO and the Town Solicitor;

And that if staff are unable to come to an agreement with affected private property owners related to the property requirements by August 31, 2007, that the Town Solicitor, be authorized to apply for approval to expropriate the necessary private properties;

And that the Town Solicitor be authorized to retain a property appraisal firm, a qualified legal surveying firm, and an outside legal firm to assist staff with the negotiation or expropriation procedures pursuant to section 7(1)(h) of the Purchasing By-law (preferred supplier), to be funded from Engineering Capital Budget account 083-6200-6750-005 (Markham Centre Property Acquisition and Design: Ponds 1-7 and SWM 2) to an upset limit of $100,000;

And that staff be authorized to do all things necessary including execution of documents and notices as required by the Expropriations Act;

And that the consultant services to undertake a Class EA study for the reconstruction of Village Parkway be awarded to SNC Lavlin Ltd. in the amount of $96,643.80 exclusive of GST, to be funded from the 2006 Capital Budget account 083-5350-7254-005 (Village Parkway Re-alignment) subject to receipt of funds from developers;

And that the Engineering Department Capital Budget Account 083-5350-7254-005 for the Village Parkway Class Environmental Assessment Study be amended to $96,643.80 to be funded by developers;

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

(2) MILLIKEN RESERVOIR & PUMPING STATION EXPANSION
CLASS ENVIRONMENTAL ASSESSMENT (5.3)

That the staff report entitled “Milliken Reservoir & Pumping Station Expansion, Class Environmental Assessment” be received;

And that the principles of an agreement between the City of Toronto, the Region of York and Town of Markham regarding the replacement of soccer fields removed as a result of the proposed expansion as set out in this report, be endorsed;

And that subject to confirmation from the City of Toronto and York Region that the principles of agreement are acceptable, the Municipal Class Environmental for the Milliken Mills Reservoir and Pumping Station Expansion prepared by the City of Toronto and the Region of York, be endorsed;

And that in the event that confirmation of the principles of agreement is not received from the City of Toronto and York Region before the expiration of the review period for the Class EA, staff be authorized to notify the Ministry of the Environment of Markham’s objection to the EA including, if necessary, to request for the Ministry to issue a Part II Order for the project;

And that the Mayor and Clerk be authorized to enter into Agreements with the City of Toronto and York Region as required with respect to the removal and replacement of the soccer fields including the conveyance of easements, the scheduling of construction and other items relating to the implementation of the project, in a form satisfactory to the CAO, the Town Solicitor and the Commissioner of Fire and Community Services;

And that the Mayor and Clerk be authorized to enter into a lease agreement with the City of Toronto for the placement of soccer field and baseball diamonds on Toronto’s Milliken site to the satisfaction of the Chief Administrative Officer, Town Solicitor and Commissioner of Fire and Community Services;

And that staff report back in the Fall of 2007 regarding the design and operation of the Milliken Mills Park following completion of the Milliken Reservoir and Pumping Station Expansion project;

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

(3) MARKHAM SMALL BUSINESS ENTERPRISE CENTRE
BUSINESS PLAN (10.16)

That the report titled, “Markham Small Business Enterprise Centre Business Plan” be received and endorsed;

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

(4) THORNHILL VEHICULAR INFILTRATION
YONGE STREET AND HIGHLAND PARK BOULEVARD
COMMUNITY UPDATE (5.12)

That the report entitled “Thornhill Vehicular Infiltration – Yonge Street and Highland Park Boulevard Update” dated June 19, 2007, be received;

And that the existing southbound and westbound turn prohibitions along Yonge Street, just north of Steeles Avenue, be removed following a count of current levels of vehicular infiltration on Highland Park Boulevard;

And that for a trial period a No Through Traffic restriction be implemented on Highland Park Boulevard between the hours of 6:30 a.m. – 9:00 a.m., and 4:00 p.m. – 7:00 p.m., Monday – Friday;

And that the Operations Department be directed to install appropriate signage on Highland Park Boulevard;

And that the Region of York be requested to install appropriate signage on Yonge Street;

And that York Regional Police be requested to enforce the No Through Traffic restrictions upon installation of these signs;

And that staff conduct a count of vehicular infiltration levels following implementation of the No Through Traffic restrictions to determine its effectiveness in comparison to the existing turning restrictions;

And that staff report back on the relative effectiveness of both forms of traffic restrictions at the start of 2008;

And that the attached by-law to amend Traffic By-law 106-71 to include the No Through Traffic restrictions on Highland Park Boulevard be enacted;

And that residents be notified of the details of the No Through Traffic restrictions trial period, noting that Highland Park Boulevard is included within the Top 25 list of enforcement streets for 2007/2008 as recommended by the Markham Safe Streets Task Force;

And that Dr. Dana Cox of Smith Veterinary Hospital and President Jerry Ambrozic of the Grandview Area Ratepayers Association be advised accordingly;

And that Staff be advised and directed to do all things necessary to give effect to this resolution.

(By-law 2007-181)

(5) ALL WAY STOP CONTROL FOR THE INTERSECTIONS OF
(1) WILLIAM BERCZY AND CYNTHIA JEAN STREET AND
(2) WILLIAM BERCZY BOULEVARD AND WEATHERILL ROAD (5.12.3)

That the report entitled “All-way Stop Control for the intersections of (1) William Berczy Boulevard and Cynthia Jean Street and (2) William Berczy Boulevard and Weatherill Road” dated June 19, 2007, be received;

* And that the attached by-law to amend Schedule 12 of Traffic By-law 106-71 to include an all-way stop control at the intersections of (1) William Berczy Boulevard and Cynthia Jean Street and (2) William Berczy Boulevard and Weatherill Road, be enacted;

And that the Operations Department be directed to install the all-way stop sign at the subject intersections;

And that York Regional Police be requested to enforce the all-way stop control upon installation of these signs;

And that Staff be advised and directed to do all things necessary to give effect to this resolution.

(By-law 2007-180)

* See Council Minutes dated September 25, 2007 regarding revisions to this resolution (Clause 1, Report No. 50)

(6) CASTLEMORE AVENUE EXTENSION
WISMER SECONDARY PLAN (5.10)

That the June 19, 2007 report entitled “Castlemore Avenue Extension, Wismer Secondary Plan” be received;

And that the Mayor and the Clerk be authorized to execute a construction agreement with Wismer Markham Developments Inc. to complete Castlemore Avenue west of Highway 48, including intersection improvements at Highway 48, at its expense, in a form satisfactory to the CAO, Town Solicitor and Town Treasurer;

And that a capital budget be established for the Castlemore Avenue intersection to be financed by Wismer Markham Developments Inc., upon execution of the credit agreement;

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

(7) MARKHAM’S SAFE STREETS STRATEGY
2006/2007 RESULTS AND 2007/2008 PLAN (5.12)

Report Attachment F

That the report entitled “Markham’s Safe Streets Strategy – 2006/2007 Results and 2007/2008 Plan” be received;

And that the Traffic Safety Committee and staff report back with a solution regarding the Police enforcement commitment and traffic calming concerns as identified in this report;

And that Council endorse the 2007/2008 Top 25 List of Enforcement Streets as in Attachment ‘C’;

And that Council endorse the 2007/2008 Top 5 List of Education Streets as in Attachment ‘D’;

And that the Traffic Safety Committee be authorized to adjust the 2007/2008 Top 25 and Top 5 List as needed;

And that the Markham Safe Streets Task Force be encouraged to seek the use of photo-radar and the appointment of special constables;

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

(8) WOODBINE BY-PASS/HIGHWAY 404 CROSSING/
HIGHWAY 404 RAMP EXTENSION UPDATE (5.10)

That the staff report entitled, “Woodbine By-pass/Hwy 404 Crossing/Hwy 404 Ramp Extension Update”, dated June 19, 2007 be received;

And that the deputation from Ms. D. Santo, MMM Group, outlining concerns with the public consultation process for the 404/Cathedral Flyover project, be received and forwarded to the Region of York;

Woodbine By-pass

And that Mayor and Clerk be authorized to execute the necessary agreements with the Region of York and the Hwy 404 North Developers for the property acquisition, financing and construction of Phase 2b and 3 of the Woodbine By-pass, in forms satisfactory to the Chief Administrative Officer and the Town Solicitor;

And that the Mayor and Clerk be authorized to execute a maintenance agreement for the Woodbine By-pass with the Region of York to the satisfaction of the Chief Administrative Officer, Town Solicitor and Commissioner of Community and Fire Services;

And that staff report back with the necessary credit agreement to be executed with the 404 North Developers for the financing and construction of the municipal infrastructure (i.e. sanitary sewers, watermain, sidewalk, etc.) to service the Secondary Plan Area, subject to the passage of an ASDC by-law;

And that design and contract administration of the Carlton Creek culvert replacement be awarded to a consultant engineer to be selected by staff and the Region of York, on a preferred supplier basis in the upset limit of $121,157.60 inclusive of GST and disbursements ($119,960 exclusive of GST) subject to receipt of funds from the Region of York;

And that a contingency amount of $15,264 inclusive of GST ($14,400 exclusive of GST) be established to cover additional design fees associated with the Carlton Creek culvert replacement and that the Director of Engineering be authorized to approve the expenditure of this amount up to the specified limit;

And that a 2007 Engineering Department Capital Budget be created for the Carlton Creek culvert replacement at a cost of $145,109 inclusive of Engineering Administration Fees and exclusive of GST to be funded by the Region of York;

Highway 404 ramp extension at Major Mackenzie Drive

And that staff be authorized to file the Class Environmental Study for the Hwy 404 ramp extension at Major Mackenzie Drive with the Ministry of Environment subject to the resolution of the Ministry of Transportation issues to the satisfaction of the Director of Engineering;

And that the purchase order for McCormick Rankin Corporation (P6509 - 404 Northbound ramp extension at Major Mackenzie Dr., EA) for the preparation of the Class EA be increased by $31,900.00 to cover the cost of additional preliminary design work required by Ministry of Transportation, and funded from capital account #083 5350 7272 005, for Highway 404 ramp extension at Major Mackenzie Drive;

404 North Trunk Sanitary Sewer

And that staff be authorized to retain a qualified consulting firm in accordance with the Town’s Purchasing Bylaw to provide detailed design services for Phase 2 of the 404 North trunk sanitary sewer to an upset limit of $460,000 subject to receipt of funds from the Hwy 404 North Developers;

And that a contingency amount of $48,760 inclusive of GST ($46,000 exclusive of GST) be established to cover any additional design fees and that the Director of Engineering be authorized to approve the expenditure of this amount up to the specified limit;

And that a 2007 Engineering Department Capital Budget be created for the design of Phase 2 of the 404 North trunk sanitary sewer in the amount of $536,360 inclusive of Engineering Administration Fees and exclusive of GST to be financed by the Hwy 404 North Developers;

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

(9) AWARD OF TENDER #050-T-07
WOODBINE NORTH TRUNK SANITARY SEWER (5.5)

Report Terms of Reference

That the report entitled “Award of Tender # 050-T-07 Woodbine North Trunk Sanitary Sewer – Phase 1,” be received;

And that the letter dated June 19, 2007 from Mr. S. Cole, Cole Engineering, regarding the cost distribution of the tender award be received;

And that the tender be awarded to the lowest price qualified bidder, Pachino Construction Co. Ltd in the total amount of $4,460,642.00 exclusive of GST, subject to the completion of all conditions as outlined in this report to the satisfaction of the CAO, Town Solicitor, Town Treasurer and Director of Engineering;

And that a contingency amount of $535,000.00 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 specified limit and to provide monthly statements of these expenditures to the Town Treasurer;

And that a contingency amount of $25,000 exclusive of GST be established to cover any additional construction inspection and contract administration costs and that the Director of Engineering be authorized to approve expenditure of this contingency amount up to the specified 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 $ 65,000 exclusive of GST;

And that staff be authorized to retain a qualified hydrogeological consulting firm in accordance with the Town’s purchasing bylaw to provide dewatering monitoring services during construction for an upset limit not to exceed $85,000 exclusive of GST;

And that a contingency amount of $50,000 exclusive of GST be established to cover the Town’s estimated share of the joint well monitoring program with the Cathedral Group and that the Director of Engineering be authorized to approve up to the specified limit;

And that the Capital Budget, account 83-5350-7346-005, be amended to $5,838,835 to be funded based on schedule in the financial consideration section of this report;

And that the amount of Town financing to the 404 North Employment Lands Developers for their share of the design and construction of the Hwy 404 Sanitary Sewer be finalized as determined by staff;

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

And that staff be authorized and directed to do all things necessary, including the execution of documents, to give effect to the above.

(10) WORK PROGRAM AND TERMS OF REFERENCE FOR
MARKHAM TRANSPORTATION MASTER PLAN (5.14)

Report Att 1 Att 2 Att 3

That the presentation and draft report entitled “Work Program and Terms of Reference for Markham Transportation Master Plan” dated June 19, 2007, be received;

And that the draft Work Program and Terms of Reference for the Markham Transportation Master Plan be approved in principle by Council;

And that Council endorse the establishment of a Steering Committee to finalize the terms of reference and to oversee the preparation of the Markham Transportation Master Plan;

And that Regional Councillors Heath, Jones, Landon, and Wong be appointed to the Steering Committee;

And that the Markham Transportation Master Plan be renamed to the Markham Transportation Strategic Plan;

And that the need to design a strategy for dealing with transportation proposals from other levels of government be included as a transportation issue to be considered within the Transportation Strategic Plan;

And that staff report back to Council with the final Work Program, Terms of Reference for the Markham Transportation Master Plan, and the recommended consultant selection in Fall, 2007;

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

(11) PARKING ADVISORY COMMITTEE
TERMS OF REFERENCE (10.0, 2.17)

That the report entitled “Parking Advisory Committee – Terms of Reference” be received;

And that Council endorse in principle the Terms of Reference for the Parking Advisory Committee attached as Appendix “A”;

And that Council confirm the appointments of Mayor Scarpitti (ex officio), Regional Councillors Heath, Jones, Landon, and Wong and Councillors Chiu and Virgilio to the Markham Parking Advisory Committee;

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

(12)      THE MARKHAVEN FOUNDATION
            APPLICATION FOR OFFICIAL PLAN AND
            ZONING BY-LAW AMENDMENTS TO PERMIT
            THE SEVERANCE OF A PROPERTY LOCATED AT THE
            NORTHEAST CORNER OF MCCOWAN ROAD
            AND MAJOR MACKENZIE DRIVE
            FILE: OP 06 129531 AND ZA 06 129536 (10.3,10.5)

Report Maps Appendices A-D

That the Official Plan Amendment application (OP 06 129531) submitted by The Markhaven Foundation to permit the severance of a property located at the northeast corner of McCowan Road and Major Mackenzie Drive, be approved and the draft Official Plan Amendment attached as Appendix ‘A’ be finalized and adopted;

And that the Zoning By-law Amendment application (ZA 06 129536) to amend By-law 304-87, as amended, submitted by The Markhaven Foundation to permit the severance of a property located at the northeast corner of McCowan Road and Major Mackenzie Drive, be approved and the draft Zoning By-law Amendment attached as Appendix ‘B’ be finalized and enacted;

And that the Ministry of Municipal Affairs be advised of Council’s decision with respect to the applications for Official Plan and Zoning By-law Amendments submitted by The Markhaven Foundation to permit the severance of the property located at the northeast corner of McCowan Road and Major Mackenzie Drive.

(By-laws 2007-182 and 2007-183)

CARRIED

(Regional Councillor G. Landon and

Councillor J. Webster abstained)

(13) Official Plan amendment, zoning amendment,
plan of subdivision, and site plan applications
by Lindvest Properties (Cornell) Limited
to permit residential, commercial and
employment uses south of Highway 7
in the Cornell Community
FILES: OP 04-028705, ZA 04-028706, OP 05-011355,
SU 06-114925 (19TM-06012), ZA 06-114935, SC 06-129543 (10.3, 10.5, 10.7, 10.6)

That Official Plan amendment applications (OP 04-028705 and OP 05-011355) submitted by Lindvest Properties (Cornell) Limited for lands south of Highway 7, east of 9^th Line, be approved and the draft Official Plan amendment attached as Appendix ‘A’ be finalized and adopted, and forwarded to the Region of York for approval;

And that the letter from Mr. B and Mr. A. Reesor, outlining various concerns relating to the proximity of a future road to their property and other issues including noise and traffic impact, be received;

And that Phase 1 of draft plan of subdivision 19TM-06012 (SU 06-114925) located south of Highway 7, east of 9^th Line, proposed by Lindvest Properties (Cornell) Limited, be draft approved subject to the conditions outlined in Appendix ‘B’;

And that an additional condition of site plan approval be that the applicant install three-stream waste disposal chutes subject to the readiness of Community Services staff to pick up such waste;

And that the zoning applications (ZA 04-028706 and ZA 06-114935), submitted by Lindvest Properties (Cornell) Limited, to implement Phase 1 of draft plan of subdivision 19TM-06012 (SU 06-114925) south of Highway 7, east of 9^th Line, be approved and the draft Zoning By-laws attached as Appendix ‘C’ be finalized and enacted;

And that servicing allocation for 50 townhouse units and 150 apartment units (481.5 population) be granted to Lindvest Properties (Cornell) Limited subject to written confirmation from the Trustee of the Cornell Landowners Group that servicing allocation is available from the total sewer and water allocation granted to the Cornell Community by the Town and the Region;

And that, prior to issuance of draft plan approval, the owner shall enter into an agreement with the Town of Markham, which agreement shall be registered on title, committing the owner to:

A. Not enter into any agreements of purchase and sale with end users (defined as the eventual homeowner who is purchasing a dwelling or an individual lot containing a dwelling for the purpose of occupancy), for units beyond the first 200 units, until such time as:

a) i) York Region has advised in writing that it is no earlier than twelve (12) months prior to the expected completion of the Duffin Creek Water Pollution Control Plant expansion project and the Southeast Collector Trunk Sewer project; and

ii) The Council of the Town of Markham has allocated adequate available water supply and sewage servicing capacity to the subject development;

b) The Town of Markham approves a transfer of servicing allocation to this development that is not dependent upon the construction of infrastructure;

c) The Regional Commissioner of Transportation and Works confirms servicing capacity for this development by a suitable alternative method and the Town of Markham allocates the capacity to this development.

AND

B. Not enter into any agreements of purchase and sale with non end users for the subject lands unless the agreement of purchase and sale contains a condition that requires the purchaser and any subsequent purchasers to enter into a separate agreement with the Town of Markham, which agreement shall be registered on title, committing the owner to the same terms as set out in item A above.

And that, prior to draft plan approval, the Owner shall enter into an indemnity agreement with York Region, which agreement shall be registered on title, agreeing to save harmless York Region from any claim or action as a result of York Region granting draft approval of Plan 19TM-06012 or any phase thereof (beyond the first 200 units), including, but not limited to claims or actions resulting from, water or sanitary sewer service not being available when anticipated. The agreement shall include a provision that requires all subsequent purchasers of the subject lands, who are not end-users, to enter into a separate agreement with York Region as a condition of the agreement of purchase and sale, to indemnify York Region on the same terms and conditions as the owner;

And that the Town reserves the right to revoke or reallocate sewage allocation and water supply should the development not proceed in a timely manner;

And that the applicant agree to pay their proportionate share of the Highway 48 flow control measures, to the satisfaction of the Director of Engineering;

And that the applicant provide to the Town the required payment of 30% subdivision processing fees in accordance with the Town’s Fee By-law (By-law 2007-15);

And that the Site Plan application (SC 06-129543) submitted by Lindvest Properties (Cornell) Limited to permit a mixed use retail centre on the south side of Highway 7, east of Bur Oak Avenue, including a long term Master Plan for the site, be endorsed in principle, subject to the conditions attached as Appendix ‘D’;

And that site plan approval be delegated to the Director of Planning & 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 that Staff be authorized and directed to do all things necessary to give effect to this resolution.

(By-laws 2007-184, 2007-185 and 2007-186)

CARRIED

(14) 2007 ECONOMIC DEVELOPMENT MARKETING PLAN (10.16)

That the report entitled “2007 Economic Development Marketing Plan” be received and endorsed,

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

CARRIED

7. MOTIONS

Council consented to add Motion (1).

(1) TRACY MACKINNON, UNIONVILLE BIA (3.5)

Moved by Councillor L. Kanapathi

Seconded by Councillor E. Shapero

That the delegation of Tracy MacKinnon, Unionville BIA, regarding the amendment to festival name "Jazz on Main", be received.

CARRIED

8. COMMUNICATIONS

Council consented to add Communication Nos. 52-2007 to 56-2007.

Council consented to separate Communication No. 46-2007 and to change the festival name of "Jazz on Main" to "Markham Jazz Festival".

Moved by Councillor A. Chiu

Seconded by Councillor D. Horchik

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

Referred to all Members of Council

46-2007 Greg McCormick, Chairman, Unionville BIA - Forwarding a request to close the following streets to facilitate the three events, as noted below, being held at Main Street Unionville during the dates and times as follows:

Roads to be closed

- Main Street Unionville diagonally at Main Street Unionville Lane - also known as Concession Road

- Main Street Unionville north to Carlton Road

- Fred Varley Drive at EJ Lennox Way

Events, Dates and Times

- Unionville Celtic Festival (July 14, 2007 from 6:00 p.m. to 11:00 p.m.)

- Markham Jazz Festival (August 17 and 18, 2007 from 6:00 p.m. to 12:00 midnight)

- Unionville Heritage and Big Band Festival (September 3, 2007 from 9:00 a.m. to 6:00 p.m.) (3.5)

(By-law 2007-157)

Info Council consented to change the festival name of

"Jazz on Main" to "Markham Jazz Festival"

47-2007 Jackie Armstrong, First Markham Place Management Office - Requesting an approval from the Town of Markham to close Rodick Road from south of Highway 7 to Fairburn Drive on September 22, 2007 from 7:00 p.m. to 11:00 p.m. to facilitate the Fall Extravaganza. (3.5)
(By-law 2007-158)

Info

48-2007 Markham and East York Agricultural Society - Requesting an approval from the Town of Markham to close Elgin Mills Road between Highway 48 and McCowan Road to facilitate the Markham Fair being held as follows:

- September 27, 2007 - 9:00 a.m. to 10:00 p.m.

- September 28, 2007 - 9:00 a.m. to 10:00 p.m.

- September 29, 2007 - 9:00 a.m. to 10:00 p.m.

- September 30, 2007 - 9:00 a.m. to 4:00 p.m. (3.5)
(By-law 2007-159)

Info

49-2007 Commissioner of Development Services - Providing an update on the conditions for removal of the Holding provision regarding the application submitted by Tenstone Development Inc., (Circa @ Town Centre), 23 Cox Boulevard. (10.5)
(By-law 2007-160)

Update Memo & Revised By-law

50-2007 Manager, Environmental Leadership - Providing an update requested by General Committee at its meeting held on Monday, June 18, 2007 regarding the pesticide by-law regulating the non-essential use of pesticides on public and private property. (5.7)
(Clause 8, Report No. 40, 2007) (By-law 2007-146)

51-2007 Manager of Infrastructure - Waterworks - Providing an update requested by General Committee at its meeting held on Monday, June 18, 2007 regarding the staff report entitled “Extension of Contract 032-R-05, Wastewater Collection System Rehabilitation and Maintenance on Various Streets”. (5.1)
(Clause 4, Report No. 40, 2007) UpdateMemo

Received

52-2007 Norris P. Zucchet, President/CEO, Mount Pleasant Group of Cemeteries - Forwarding their concerns and comments regarding the pesticide by-law regulating the non-essential use of pesticides on public and private property. (5.7)
(Clause 8, Report No. 40, 2007) (By-law 2007-146)

Letter

Referred to all Members of Council

53-2007 Commissioner of Development Services - Providing an update regarding the application submitted by 2097358 Ontario Limited to permit the development of a retirement home and to recognize the existing uses at 7781 Kennedy Road. (10.5)
(By-laws 2007-176 and 2007-177)

54-2007 Commissioner of Development Services - Providing an update regarding the application submitted by Times Markham Centre (Majestic Court Condominium), north-west corner of South Town Centre Boulevard and Clegg Road. The application for zoning by-law amendment is to permit an increase in the maximum number of storeys from 12 to 16, and increase in the maximum number of dwelling units from 400 to 532, and to rezone a portion of the property for a public park. (10.5)
(By-law 2007-178)

55-2007 Commissioner of Development Services - Providing an update requested by Development Services Committee at its meeting held on June 19, 2007 regarding the existing drainage for the rezoning application submitted by Rice Commercial Group, 11258 Woodbine Avenue. (10.5)

(Clause 3, Report No. 42, 2007) (By-laws 2007-155 and 2007-156)

56-2007 Commissioner of Development Services - Providing an update regarding the Hold removal for the application submitted by Mobius Corp. to permit the construction of two commercial shopping centres at 7555 Markham Road. (10.5)
(By-law 2007-179)

CARRIED

9. OTHER BUSINESS

Council consented to add Other Business (7) and (8).

(1)        SALE OF SURPLUS TOWN PROPERTY ON CENTURION
            DRIVE: BLOCK 15, PLAN M-2029, ABUTTING MUNICIPAL
            ADDRESS 8650 WOODBINE AVENUE (8.5)

NOTICES OF PROPOSED SALE

TOWN OF MARKHAM

PROPOSED SALE OF SURPLUS REAL PROPERTY

(Pursuant to By-law 178-96)

Moved by Councillor A. Chiu

Seconded by Regional Councillor J. Heath

That the notice of proposed sale for the Town owned lands legally described as Block 15, Plan M-2029, Centurian Drive abutting 8650 Woodbine Avenue, be confirmed.

(In-camera Clause 3)

CARRIED

(2)        SALE OF SURPLUS TOWN PROPERTY
            SOUTH-WEST CORNER OF 16^TH AVENUE
            AND OLD MARKHAM BY-PASS
            PART OF PART 10, 65R-14883 (8.7)

NOTICES OF PROPOSED SALE

TOWN OF MARKHAM

PROPOSED SALE OF SURPLUS REAL PROPERTY

(Pursuant to By-law 178-96)

Moved by Regional Councillor G. Landon

Seconded by Regional Councillor T. Wong

That the notice of proposed sale for the Town owned lands legally described as Part of Part 10, 65R-14883, be confirmed.

(In-camera Clause 5) (By-law 2007-161)

CARRIED

(3)        1617834 ONTARIO LIMITED,
            156 BULLOCK DRIVE ZONING BY-LAW AMENDMENT
            TO PERMIT A RESTAURANT USE (ZA 05 026995) (10.5)

Moved by Councillor C. Moretti

Seconded by Councillor L. Kanapathi

That the memorandum dated June 26, 2007 from the Commissioner of Development Services providing an update with respect to the application submitted by 1617834 Ontario Limited, be received;

And that the application submitted by 1617834 Ontario Limited to permit a restaurant use at 156 Bullock Drive, be approved;

And that Zoning Application ZA 05 026995 to amend Zoning By-law 1229, as amended, be enacted without further notice.

(By-law 2007-162)

CARRIED

(4)        PINESHORE DEVELOPMENTS (WISMER) INC.
            SOUTH OF MAJOR MACKENZIE DRIVE
            ON THE WEST SIDE OF MINGAY AVENUE
            WISMER COMMONS COMMUNITY
            IMPLEMENTING ZONING BY-LAW AMENDMENTS ZA 07 110185 (10.5)

Moved by Councillor J. Webster

Seconded by Councillor C. Moretti

That the memorandum dated June 26, 2007 from the Commissioner of Development Services providing an update regarding the application submitted by Pineshore Developments (Wismer) Inc., be received;

And that Zoning Application ZA 07 110185 to amend Zoning By-laws 304-87, as amended and 177-96, as amended, be enacted without further notice;

And that servicing allocation for 12 units be granted to Plan of Subdivision 19TM-02019-Phase 2 from the total allocation for the Wismer Commons Community, assigned in accordance with the June 20, 2006 report on servicing allocation.

(Clause 2, Report No. 42, 2007)

(By-laws 2007-153 and 2007-154)

CARRIED

(5)        1473092 ONTARIO LIMITED (METRUS DEVELOPMENTS)
            NORTH OF 16^TH AVENUE, EAST OF 9^TH, LINE CORNELL COMMUNITY
            IMPLEMENTING ZONING BY-LAW AMENDMENTS
            FILE: SU 01 118320 AND ZA 07 108415 (19TM-01015, PHASE 2) (10.5)

Moved by Regional Councillor G. Landon

Seconded by Councillor J. Webster

That the memorandum dated June 26, 2007 from the Commissioner of Development Services providing an update regarding the application submitted by 1473092 Ontario Limited (Metrus Developments), north of 16^th Avenue, east of 9^th Line, Cornell Community, be received;

And that the amendments to Zoning By-laws 304-87, as amended and 177-96, as amended, be enacted without further notice;

And that servicing allocation for 47 units (153.34 population) be granted to plan of subdivision 19TM-01015, Phase 2 from the total allocation for the Cornell Community, assigned in accordance with the June 20, 2006 report on servicing allocation.

(By-laws 2007-163 and 2007-164)

CARRIED

(6) VOLUNTEER RECOGNITION (12.2.6)

Moved by Councillor J. Webster

Seconded by Councillor A. Chiu

That the report dated June 21, 2007 entitled "Volunteer Recognition" be received;

And that staff develop a recognition award for a "Unsung Volunteer of the Year", as detailed in the report;

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

CARRIED

(7) ADVISORY COMMITTEE/BOARD APPOINTMENTS (16.24)

Moved by Regional Councillor T. Wong

Seconded by Councillor L. Kanapathi

That the following persons be appointed to the Cycling and Pedestrian Advisory Committee for the term ending November 30, 2010:

Gerald Corbett

David Rawcliffe

Dwight Richardson

Murray Yack

Pratheesh Ratnasingam

And that the following persons be appointed to the Markham Race Relations Committee for the term ending November 30, 2010:

Rochelle Bowmile (Thornhill)

Nisha Mehta (Milliken)

Heather Christian-Simmonds (Milliken)

Vilvan Gunasingham (Milliken)

CARRIED

(8) ROUGE PARK ALLIANCE
DEVELOPMENT OF MEMORANDUM OF UNDERSTANDING (5.0)

Moved by Regional Councillor J. Heath

Seconded by Regional Councillor T. Wong

That the development of a Memorandum of Understanding with the Rouge Park Alliance for the operation of the Rouge Park be referred to the Director of Operations for a report back to the General Committee in the Fall.

CARRIED

10. BY-LAWS

Council consented to add By-laws 2007-176 to 2007-186.

Moved by Councillor D. Horchik

Seconded by Councillor A. Chiu

That By-laws 2007-142 to 2007-174 and 2007-176 to 2007-186 be given three readings and enacted.

Three Readings

BY-LAW 2007-142 A by-law to regulate cross connections and backflow prevention in private plumbing systems as required to protect the Town of Markham drinking water supply and municipal drinking-water system from contamination.
(Clause 10, Report No. 39, 2007)

BY-LAW 2007-143 A by-law to amend Fee By-law 2002-276 (Recreation user fees and rates and hall rates).
(Clause 12, Report No. 39, 2007)

BY-LAW 2007-144 A by-law to amend By-law 4-2000, being a by-law to appoint a Chief Administrative Officer (To delegate authority under the Municipal Act for certain Real Property Transactions to the Chief Administrative Officer).
(Clause 6, Report No. 40, 2007)

BY-LAW 2007-145 A by-law to amend Parking By-law 2005-188 (To permit overnight parking within the Angus Glen Subdivision subject to a fee of $30.00 per month for each vehicle)
(Clause 7, Report No. 40, 2007)

BY-LAW 2007-146 A by-law to regulate the non-essential use of pesticide on public and private property.
(Clause 8, Report No. 40, 2007) (Communication No. 50-2007)

BY-LAW 2007-147 A by-law to authorize the execution of Release and Abandonments of a Municipal Servicing Easement where buildings encroach on lands legally described as Part of Lots 59, 60 and 64, Plan 65M-3884 (Wykland Estates Subdivision – Mattamy).
(Clause 3, Report No. 41, 2007)

BY-LAW 2007-148 A by-law to deem certain lands not to be a registered plan of subdivision (Naam Group Inc., South-west corner of Rodick Road and Yorktech Drive, Lots 3 and 4, Plan 65M-2755).
(Clause 4, Report No. 41, 2007)

BY-LAW 2007-149 A by-law to amend Zoning By-law 2284-68, as amended (Miller Paving Limited, 7781 Woodbine Avenue, Part of Lots 6, 7 and 8, Concession 4, east side of Woodbine Avenue, north of 14^th Avenue - To delete the subject lands from area By-law 2284-68, as amended, so that they may be incorporated into By-law 177-96, as amended, to implement a plan of subdivision to create commercial and industrial development blocks).
(Clause 7, Report No. 41, 2007)

BY-LAW 2007-150 A by-law to amend Zoning By-law 177-96, as amended (Miller Paving Limited, 7781 Woodbine Avenue, Part of Lots 6, 7 and 8, Concession 4, east side of Woodbine Avenue, north of 14^th Avenue - To implement a plan of subdivision to create commercial and industrial development blocks).
(Clause 7, Report No. 41, 2007)

BY-LAW 2007-151 A by-law to amend By-law 270-86, being a by-law to adopt Thornhill-Markham Heritage Conservation District Plan (To incorporate the revised Thornhill Markham Heritage Conservation District Plan (2007) and District Inventory (2007), together with the 1986 Study).
(Clause 8, Report No. 41, 2007)

BY-LAW 2007-152 A by-law to amend Zoning By-law 1229, as amended (Markham Heritage Estates Subdivision, Town of Markham - To allow for a larger building footprint for relocated heritage buildings, a larger footprint for accessory buildings, and an increased height for accessory buildings).
(Clause 1, Report No. 42, 2007)

BY-LAW 2007-153 A by-law to amend Zoning By-law 304-87, as amended (Pineshore Developments (Wismer) Inc., south of Major Mackenzie Drive, west of Mingay Avenue - To delete subject lands from By-law 304-87, as amended, so that they can be incorporated into By-law 177-96, as amended, to permit a residential plan of subdivision).
(Clause 2, Report No. 42, 2007) (Other Business 4)

BY-LAW 2007-154 A by-law to amend Zoning By-law 177-96, as amended (Pineshore Developments (Wismer) Inc., south of Major Mackenzie Drive, west of Mingay Avenue - To permit a residential plan of subdivision).
(Clause 2, Report No. 42, 2007) (Other Business 4)

BY-LAW 2007-155 A by-law to amend Zoning By-law 304-87, as amended (Rice Commercial Group, 11258 Woodbine Avenue - To delete subject lands from By-law 304-87, as amended, so that they can be incorporated into By-law 177-96, as amended, to permit the construction of industrial and office building).
(Clause 3, Report No. 42, 2007)

BY-LAW 2007-156 A by-law to amend Zoning By-law 177-96, as amended (Rice Commercial Group, 11258 Woodbine Avenue - To permit the construction of industrial and office building).
(Clause 3, Report No. 42, 2007)

BY-LAW 2007-157 A by-law to authorize the temporary closure of streets in the Town of Markham to facilitate three events being held in 2007 at Main Street Unionville (Unionville Celtic Festival on July 14, 2007, Markham Jazz Festival on August 17 and 18, 2007 and Unionville Heritage and Big Band Festival on September 3, 2007).
(Communication No. 46-2007)

BY-LAW 2007-158 A by-law to authorize the temporary closure of Rodick Road to facilitate the Fall Extravaganza being held on September 22, 2007.
(Communication No. 47-2007)

BY-LAW 2007-159 A by-law to authorize the temporary closure of Elgin Mills Road between Highway 48 and McCowan Road to facilitate the Markham Fair being held on September 27, 28, 29 and 30, 2007.
(Communication No. 48-2007)

BY-LAW 2007-160 A by-law to amend Zoning By-law 177-96, as amended (Tenstone Development Inc. (Circa @ Town Centre), 23 Cox Boulevard, Part of Lot 11, Concession 4 - To remove (H) Hold provision to permit construction of the second phase of Tridel's Circa @ Town Centre project, comprising a 16 storey apartment).
(Communication No. 49-2007)

BY-LAW 2007-161 A by-law to authorize the stopping up and closing of the Markham By-pass located at the south-west corner of 16^th Avenue and Old Markham By-pass described as part of Part 10, 65R-14883.
(Other Business 2)

BY-LAW 2007-162 A by-law to amend Zoning By-law 1229, as amended (1617834 Ontario Limited, 156 Bullock Drive - To permit a restaurant use).
(Other Business 3)

BY-LAW 2007-163 A by-law to amend Zoning By-law 304-87, as amended (1473092 Ontario Limited (Metrus Developments), Part of Lots 16, 17 and 18, Concession 9, Cornell Planning District - To delete subject lands from the designated area of By-law 304-87, as amended, so that they could be incorporated into By-law 177-96, as amended, to permit development in accordance with residential plan of subdivision 19TM-01015, Phase 2)

(Other Business 5)

BY-LAW 2007-164 A by-law to amend Zoning By-law 177-96, as amended (1473092 Ontario Limited (Metrus Developments) - To permit development in accordance with residential plan of subdivision 19TM-01015, Phase 2)

(Other Business 5)

BY-LAW 2007-165 A by-law to dedicate certain lands as part of the highways of the Town of Markham (Part of Lots 11 and 12, south of Elgin Street, Plan 8, designated as Part 1, Plan 65R-28483 - Elgin Street).

BY-LAW 2007-166 A by-law to designate part of a certain plan of subdivision not subject to Part Lot Control (Laurier Homes (Wingsong) Ltd., Blocks 13 and 15, Plan 65M-3955, south of Bur Oak Avenue and west of Roy Rainey Avenue).

BY-LAW 2007-167 A by-law to adopt Official Plan Amendment No. 163 (Miller Paving Ltd., 7781 Woodbine Avenue, Part of Lots 6, 7 and 8, Concession 4, east side of Woodbine Avenue, north of 14^th Avenue - To create industrial lots).
(Clause 1, Report No. 25, 2007)

BY-LAW 2007-168 A by-law to amend Zoning By-law 177-96, as amended (Ninth Line Developments Ltd., Part of Lot 19, Concession 8 - To remove (H) Hold provision to permit the development in accordance with draft approved plan of subdivision 19TM-02013 (Phase 2) comprising 166 residential units).

BY-LAW 2007-169 A by-law to amend Zoning By-law 177-96, as amended (F. S. Swan Lake Developments Ltd., Blocks 11 and 29, Plan 65M-3482, Part of Lots 16 and 17, Concession 8 - To remove (H) Hold provision to permit the construction of 14 condominium townhouses).

BY-LAW 2007-170 A by-law to amend Zoning By-law 304-87, as amended (Oxnard Boxgrove Limited, 7085 14^th Avenue, Part of lots 4 & 5, Concession 9 - To delete subject lands from By-law 304-87, as amended, so that they can be incorporated into By-law 177-96, as amended, to permit residential uses).
(Clause 2, Report No. 33, 2007)

BY-LAW 2007-171 A by-law to amend Zoning By-law 177-96, as amended (Oxnard Boxgrove Limited, 7085 14^th Avenue, Part of lots 4 & 5, Concession 9 - To permit residential uses).
(Clause 2, Report No. 33, 2007)

BY-LAW 2007-172 A by-law to amend Zoning By-law 177-96, as amended (Oxnard Boxgrove Limited, 19TM-04001, Phase 2, Part of Lot 5, Concession 9 - To remove (H) Hold provision to permit the construction of seven (7) residential dwellings).

BY-LAW 2007-173 A by-law to amend By-law 167-92, a by-law regarding the management and regulation of parks within the Town of Markham (To permit wedding photography).
(Clause 1, Report 16, 2007)

BY-LAW 2007-174 A by-law to amend Municipal Law Enforcement Officers Appointment By-law 2002-178 (Replacement of Schedule B).

BY-LAW 2007-176 A by-law to adopt Official Plan Amendment No. 165 (2097358 Ontario Inc., 7781 Kennedy Road - To permit a retirement home, office uses in existing historical dwelling, and to recognize existing private Montessori school).
(Communication No. 53-2007)

BY-LAW 2007-177 A by-law to amend Zoning By-law 193-81, as amended (2097358 Ontario Inc., 7781 Kennedy Road - To permit a retirement home, office uses in existing historical dwelling, and to recognize existing private Montessori school).
(Communication No. 53-2007)

BY-LAW 2007-178 A by-law to amend Zoning By-law 2004-196, as amended (Times Markham Centre (Majestic Court Condominium), North-west corner of South Town Centre Boulevard and Clegg Road - To permit an increase in the maximum number of storeys from 12 to 16, and increase in the maximum number of dwelling units from 400 to 532, and to rezone a portion of the property for a public park).
(Communication No. 54-2007)

BY-LAW 2007-179 A by-law to amend Zoning By-law 177-96, as amended (Mobius Corp., 7555 Markham Road, north and south sides of Karachi Drive, between Kirkham Road and New Delhi Drive - To remove (H) Hold provision to permit the construction of two commercial shopping centres)
(Communication No. 56-2007)

BY-LAW 2007-180 A by-law to amend Traffic By-law 106-71 (All-way stop control for the intersections of (1) William Berczy Boulevard and Cynthia Jean Street and (2) William Berczy Boulevard and Weatherill Road).
(Clause 5, Report No. 44, 2007)

BY-LAW 2007-181 A by-law to amend Traffic By-law 106-71 (To include "No Through Traffic" restrictions on Highland Park Boulevard)
(Clause 4, Report No. 44, 2007)

BY-LAW 2007-182 A by-law to adopt Official Plan Amendment No. 164 (The Markhaven Foundation, north of Major Mackenzie Drive, east of McCowan Road - To permit the severance of property).
(Clause 12, Report No. 44, 2007)

BY-LAW 2007-183 A by-law to amend Zoning By-law 304-87, as amended (The Markhaven Foundation, north of Major Mackenzie Drive, east of McCowan Road - To permit the severance of property).
(Clause 12, Report No. 44, 2007)

BY-LAW 2007-184 A by-law to adopt Official Plan Amendment No. 166 (Lindvest Properties (Cornell) Limited, south of Highway 7, east of 9th Line - To permit development in accordance with plan of subdivision 19TM-06012).
(Clause 13, Report No. 44, 2007)

BY-LAW 2007-185 A by-law to amend Zoning By-law 304-87, as amended (Lindvest Properties (Cornell) Limited, south of Highway 7, east of 9th Line - To delete subject lands from the designated area of By-law 304-87, as amended, so that they could be incorporated into By-law 177-96, as amended, to permit development in accordance with plan of subdivision 19TM-06012).
(Clause 13, Report No. 44, 2007)

BY-LAW 2007-186 A by-law to amend Zoning By-law 177-96, as amended (Lindvest Properties (Cornell) Limited, south of Highway 7, east of 9th Line - To permit development in accordance with plan of subdivision 19TM-06012).
(Clause 13, Report No. 44, 2007)

CARRIED

11. IN-CAMERA ITEMS

Moved by Deputy Mayor J. Jones

Seconded by Regional Councillor J. Heath

That Council resolve into an in-camera session to discuss confidential matters.

CARRIED

Moved by Regional Councillor G. Landon

Seconded by Councillor A. Chiu

That Council rise and the Chair report the following from in-camera session:

(1) MINUTES OF IN-CAMERA COUNCIL MEETING
- JUNE 12, 2007

That the minutes of the in-camera Council meeting held on June 12, 2007, be confirmed.

(2)        APPLICATION FOR CANCELLATION,
            REDUCTION, OR REFUND OF TAXES
            s. 357(1)(d.1) OF THE MUNICIPAL ACT, 2001 (7.3)

That the application for cancellation, reduction, or refund of taxes under s. 357(1)(d.1) of the Municipal Act, 2001, be received;

And that the request for assistance be denied and that staff enter into discussions with the applicant to arrange a mutually satisfactory payment schedule for the outstanding taxes, interest and penalties;

And that staff be authorized and directed to take the actions necessary to give effect to this resolution;

And that Council provide a written decision in respect of this application at its meeting of June 26, 2007;

And that staff provide the applicant with contact information regarding the Social Services Network of York Region.

(3)        SALE OF SURPLUS TOWN PROPERTY ON CENTURION
            DRIVE: BLOCK 15, PLAN M-2029, ABUTTING MUNICIPAL
            ADDRESS 8650 WOODBINE AVENUE (8.5)

That the report entitled “Sale of Surplus Town Property on Centurian Drive: Block 15 Plan M-2029, abutting municipal address 8650 Woodbine Avenue” be received;

And that Block 15 Plan M-2029, Centurian Drive abutting 8650 Woodbine Avenue be declared surplus pursuant to Town of Markham By-law 178-96 and that notice of the proposed disposition of such lands be placed on the agenda for the Council meeting of June 26, 2007;

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

(4) PROPERTY STANDARDS AND DEBRIS BY-LAW ISSUES (2.9)

That staff be authorized to proceed as directed with respect to the confidential property standards and debris by-law issues.

(5) EAST MARKHAM COMMUNITY CENTRE LIBRARY AND
CORNELL FIRE STATION – PROPERTY ACQUISITION (8.7)

That the report entitled “East Markham Community Centre, Library, and Cornell Fire Station – Property Acquisition” be received;

And that the 2.6366 acre Town owned property at the south-west corner of 16^th Avenue and Old Markham By-pass described as part of Part 10, 65R-14883, be declared surplus pursuant to Town of Markham By-law 178-96 and that notice of the proposed disposition of such lands be placed on the agenda for the Council meeting of June 26, 2007;

And that a by-law be enacted at Council on June 26, 2007 authorizing the stopping up and closing of that portion of the Markham By-pass located at the south-west corner of 16^th Avenue and Old Markham By-pass described as part of Part 10, 65R-14883;

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

(6) APPROVAL TO EXPROPRIATE LANDS IN CORNELL (8.10)

That staff be authorized to proceed as directed with respect to the expropriation of lands in Cornell.

(7) LITIGATION MATTER (8.0)

That staff be authorized to proceed as directed with respect to the confidential litigation matter.

(8) INFRASTRUCTURE REPORT (5.5)

That the Chief Administrative Officer be authorized to prepare an information package, together with a covering letter, to be distributed to all residents in the impacted areas advising of the results of the infrastructure report and the actions to be undertaken in response to the report;

And that staff be authorized to proceed as directed with respect to this matter.

CARRIED

Moved by Councillor E. Shapero

Seconded by Deputy Mayor J. Jones

That the report be adopted, approved and confirmed.

CARRIED

12. CONFIRMATORY BY-LAW

Moved by Councillor D. Horchik

Seconded by Councillor L. Kanapathi

That By-law 2007-175 be given three readings and enacted.

Three Readings

BY-LAW 2007-175 A by-law to confirm the proceedings of the Council meeting of June 26, 2007.
(Council Meeting No. 12, 2007)