<span lang="EN-GB" style="font-size:14.0pt;mso-bidi-font-family:&quot;Times New Roman&quot;"> Meeting No. 1

That Council proceed with the designation of the Homer Wilson Farmhouse, the J.P Carr Cottage and the Pingel Farm Cemetery, located at 10225-10227 Kennedy Road under Part IV of the Ontario Heritage Act.

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

(2)        SITE PLAN CONTROL APPLICATION
            PROPOSED NEW HOUSE - MS. IRINA GORDON
            179 JOHN STREET
            THORNHILL HERITAGE CONSERVATION DISTRICT
            SC 07 131520 (10.6)

That in keeping with Council’s decision to refuse the demolition permit application for the c.1948 house at 179 John Street, Site Plan Control Application SC 07 131520 for the construction of a new house also be refused;

That the applicant be requested to work with Town staff and Heritage Markham to create an appropriate addition to the existing house that will preserve the significant heritage attributes and vegetation;

That the applicant be notified of Council’s decision as per the requirements of the Ontario Heritage Act;

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

(3)        DEMOLITION PERMIT APPLICATION
            JOHN RAMER HOUSE AND BARN
            6278 19^TH AVENUE
            MEMORIAL GARDENS CANADA LIMITED
            07 132112 DP; 07 132112 001 DP; 07 132112 002 DP (10.0 & 16.11)

That Council agree to an extension of the 90 day time period for Council’s consideration of the demolition permit application submitted on November 14, 2007 by the Owner of the John Ramer House and Barn at 6278 19^th Avenue, pending a final Decision and Recommendations being delivered by the Conservation Review Board (the “Board”) concerning the designation of the property under Part IV of the Ontario Heritage Act, as required by the Board in adjourning the Hearing for completion mid April, 2008 and as permitted by subsection 34(2) of the Ontario Heritage Act;

That Council authorizes the Town Solicitor to execute an agreement with the Owner, in a form satisfactory to the Town Solicitor and as required by the Board, to give effect to the extension of the 90 day time period;

And that staff be authorized and directed to do all things necessary to give effect to this resolution, including obtaining a comprehensive structural engineer’s report and opinion on the house and barn at 6278 19^th Avenue.

(4)        RENAMING THE MARKHAM INVENTORY
            OF HERITAGE BUILDINGS AS THE
            MARKHAM REGISTER OF PROPERTY OF
            CULTURAL HERITAGE VALUE OR INTEREST
            AND THE ADDITION OF PROPERTIES TO THE REGISTER (16.11)

Report Attachment Schedules

That Council is of the opinion that the existing Markham Inventory of Heritage Buildings, which includes properties reviewed by Heritage Markham and approved by Markham Council for inclusion, meets the criteria of a “register” as outlined in Section 27 of the Ontario Heritage Act;

That the Markham Inventory of Heritage Buildings be renamed the Markham Register of Property of Cultural Heritage Value or Interest;

That Council endorses the inclusion of the additional properties of cultural heritage value or interest identified in Appendix “A” of this report (which have been reviewed by the Town’s municipal heritage committee), on the Markham Register of Property of Cultural Heritage Value or Interest;

That the Markham Register of Property of Cultural Heritage Value or Interest continue to include non-designated properties identified as having cultural heritage value or interest, Part IV properties (individual designation) and Part V properties (district designation);

That the addition of new property addresses to the Markham Register of Property of Cultural Heritage Value or Interest and the removal of the former addresses from the Register does not require Council approval in the following situations:

Relocation of the previously identified resource within the municipality (ie. Markham Heritage Estates);
Incorporation of the identified resource with a new plan of subdivision or development site;
Creation of a new lot as the result of a lot severance;
Re-addressing the property for administrative purposes;
Creation of a new municipal right-of-way resulting in new lots within a heritage conservation district;

That as per the requirements of the Ontario Heritage Act, Council will consult with the Town’s municipal heritage committee (Heritage Markham) before including or removing a property from the Register;

That Council reiterates its policy requiring all applications and permits affecting properties identified on the Register to be circulated to Heritage Markham for review as part of the Town’s regular approval process;

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

(5) UPDATED CORNELL SECONDARY PLAN
OP 06-114028 (10.4)

That the Official Plan amendment including the updated Cornell Secondary Plan (OP 06-114028), attached as Appendix ‘A’ be finalized and adopted, and forwarded to the Region of York for approval;

That the Region of York be requested to amend the York Region Official Plan to incorporate lands east of Donald Cousens Parkway and west of Reesor Road, identified as a ‘Deferral Area’ in the updated Cornell Secondary Plan, into the Region’s urban settlement area as employment lands;

That the lands east of Reesor Road, identified as a ‘Deferral Area’ in the updated Cornell Secondary Plan, be designated as a Study Area to allow for additional consideration of options regarding future use of these land owned by the Province, including possible designation of these lands for business park employment, open space, Rouge Park and/or other appropriate uses;

That Staff enter into further discussions with the Province of Ontario, ORC (Ontario Realty Corporation), Region of York, Rouge Park Alliance and TRCA in regard to land use and sustainability criteria and interface relationship to the Rouge Park for the provincially owned lands;

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

(By-law 2008-2)

(6) FINAL DRAFT ROUGE RIVER WATERSHED PLAN (10.8)

That the staff report entitled “Final Draft Rouge River Watershed Plan” dated January 15, 2008, be received;

And That the Town commend the Rouge River Watershed Task Force, the Toronto and Region Conservation Authority and the Rouge Park Alliance for their efforts in the preparation of a innovative, comprehensive and action orientated Watershed Plan;

And That Council indicate support in principle for the Rouge River Watershed Plan, as a broad strategic planning tool to help guide decision making in the Rouge watershed;

And That this staff report be forwarded to the Toronto Conservation Authority as input into Final Draft Rouge River Watershed Plan, and to the Region of York and the Rouge Park Alliance;

And That staff report back on the Rouge River Watershed Plan Implementation Strategy (when available);

And That staff continue to work co-operatively with the Toronto and Region Conservation Authority, Rouge Park, the Region of York and other municipalities, agencies, residents and stakeholders, as appropriate, to implement the Rouge River Watershed Plan within the Town of Markham;

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

(7) GROWTH MANAGEMENT STRATEGY
– NAMING AND REPORTING TO COUNCIL (10.0)

Report

That the report entitled “Growth Management Strategy – Naming and Reporting to Council” be received and endorsed;

And that the work program and initiatives outlined in the report originally titled “Directed Growth Strategy” dated November 6, 2007, proceed under the new title “Growth Management Strategy.”

And that reporting to Council on the Strategy be through the Development Services Committee of Council, and not through a separate Steering Committee;

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

(8)        PATHWAY ENCROACHMENT AGREEMENT
            BETWEEN THE TOWN AND
            GREENSBOROUGH MANAGEMENT INCORPORATED (8.9)

That the report to Development Services Committee dated January 15, 2008 entitled “Pathway Encroachment Agreement between the Town and Greensborough Management Incorporated” be received;

And that the Mayor and Clerk be authorized to execute a pathway encroachment agreement with Greensborough Management Inc., as Trustee for The Greensborough Developers Group, to the satisfaction of the Commissioner of Development Services and the Town Solicitor;

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

CARRIED

6(c) REPORT NO. 3 - GENERAL COMMITTEE (January 21, 2008)

Council consented to add Report No. 3.

Moved by Councillor A. Chiu

Seconded by Councillor J. Virgilio

That Report No. 3 - General Committee be received and adopted.

(1) FCM SUSTAINABLE COMMUNITIES CONFERENCE
AND TRADE SHOW 2008 (11.12)

That the itinerary for the FCM Sustainable Communities Conference and Trade Show 2008 be received;

And that Council approve a request by Councillor, E. Shapero to attend the conference on February 14-16, 2008 with overnight accommodation costs not to exceed $250 per night;

And that staff report back as to whether this is an appropriate limit for overnight accommodation for future events.

CARRIED

7. MOTIONS

Council consented to separate Motions (1) and (2) and to add Motion (3).

(1) REGION OF YORK ENVIRONMENTAL ASSESSMENT
- BAYVIEW AVENUE (5.7)

Moved by Regional Councillor T. Wong

Seconded by Councillor E. Shapero

Whereas the Town of Markham recognizes that climate change is a serious matter, and the municipality must reduce carbon emissions to ensure our community is resilient in the face of these challenges;

And whereas the three Public Information Meetings held by the Regional Municipality of York regarding the widening of Bayview Avenue, met with considerable resident concerns related to the limited scope of the environmental assessment and lack of options examined;

And whereas in 2007, the Town of Markham endorsed the Markham Erosion Restoration Implementation Plan, with six priority erosion sites located adjacent to Bayview Avenue within East Don Tributary;

Therefore be it resolved that the Town of Markham request York Region to examine viable and distinct alternatives to the widening of Bayview Avenue in a broader environmental assessment process;

And that the environmental assessment be expanded to include alternatives such as more effective use of existing lanes, light rail and improved higher order transit service;

And that York Region be requested as part of the process to recalibrate the modeling done to date incorporating new data based on the extension of the Yonge Street Subway north into York Region.

CARRIED

(Recorded vote unanimous) (13:0)

(2)        REGION OF YORK ENVIRONMENTAL ASSESSMENT
            - 16^TH AVENUE, KENNEDY ROAD, MCCOWAN ROAD,
            YONGE STREET AND LESLIE STREET (5.7)

Moved by Councillor J. Virgilio

Seconded by Councillor C. Moretti

Whereas the Town of Markham recognizes that climate change is a serious matter, and the municipality must reduce carbon emissions to ensure our community is resilient in the face of these challenges;

And whereas in 2007, the Town of Markham endorsed the Markham Erosion Restoration Implementation Plan;

Therefore be it resolved that the Town of Markham request York Region to examine viable and distinct alternatives to the widening of 16^th Avenue, Kennedy Road, McCowan Road, Yonge Street and Leslie Street in a broader environmental assessment process;

And that the environmental assessment be expanded to include alternatives such as more effective use of existing lanes, light rail and improved higher order transit service;

And that York Region be requested as part of the process to recalibrate the modeling done to date incorporating new data based on the extension of the Yonge Street Subway north into York Region.

CARRIED

(Recorded vote unanimous) (13:0)

(3) COMMUNICATIONS REGARDING YORK REGION
ENVIRONMENTAL ASSESSMENTS (5.7)

Moved by Councillor E. Shapero

Seconded by Councillor J. Virgilio

That the communications regarding the motions on the York Region Environmental Assessments, submitted by the following residents, be received:

- Barbara Mahler

- Tricia and James Staples

- Grace He

- Janet May

- Elizabeth Hutchison

- Nabil Harfoush

- Nancy Irwin

- Sandra McEleney

- Donna Stefoff

- Joan Matchett.

CARRIED

(2/3 VOTE WAS REQUESTED & OBTAINED)

8. NOTICE OF MOTIONS

(1) COMMUNITY SAFETY ZONES (5.10)

Moved by Regional Councillor G. Landon

Seconded by Councillor V. Burke

Whereas there were close to 40,000 tickets issued in the Town of Markham under the Highway Traffic Act in 2007;

And whereas this represents an increase in ticket issuance rates of 15% in Thornhill and 5% in Markham;

And Whereas the York Regional Police indicated there is a blatant lack of regard for traffic regulations in school zones;

Therefore be it resolved that the Town of Markham should enact a by-law to implement designated Community Safety Zones in the vicinity of all schools located in the Town;

And that the fine(s) for any traffic violations within the designated Community Safety Zones be doubled.

9. COMMUNICATIONS

Council consented to add Communication Nos. 6-2008 to 8-2008.

Moved by Regional Councillor T. Wong

Seconded by Councillor A. Chiu

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

Referred to all Members of Council

1-2008 Nancy Irwin - Forwarding her objection regarding the widening of Bayview Avenue and outlining her comments with respect thereto. (5.7)

(Motion 1)

2-2008 Sandra McEleney - Forwarding her support on the motion regarding the York Region Environmental Assessment for the widening of Bayview Avenue and outlining her comments with respect thereto. (5.7)

(Motion 1)

3-2008 Donna Stefoff - Forwarding her support on the motion regarding the York Region Environmental Assessment for the widening of Bayview Avenue and outlining her comments with respect thereto. (5.7)

(Motion 1)

Referred to Commissioner of Development Services & Town Solicitor

4-2008 Ontario Municipal Board - Forwarding a Procedural Order of the Board regarding the hearings for the applications submitted by 1547155 Ontario Ltd. for official plan, zoning by-law amendments and site plan approval to permit the development of residential condominium with street-oriented retail on the ground floor at 7751 Yonge Street. (13.13)

5-2008 Ontario Municipal Board - Forwarding an Appointment of Hearing regarding the appeal submitted by 1358023 Ontario Limited for a Site Plan approval at 7760 Markham Road. (13.13)

Referred to all Members of Council

6-2008 Elizabeth Hutchison - Forwarding her objection regarding the widening of Bayview Avenue and outlining her comments with respect thereto. (5.7)
(Motion 1)

7-2008 Nabil Harfoush - Outlining his comments on the motions regarding York Region Environmental Assessments. (5.7)
(Motions 1 and 2)

8-2008 Ontario Realty Corporation - Forwarding their request to defer consideration of the Cornell Secondary Plan to allow sufficient time for the ORC to review the implications of the changes and proposed policy framework and to engage in further discussion with Town planning staff and other key stakeholders. (10.4)
(Clause 5, Report No. 2, 2008)

CARRIED

10. OTHER BUSINESS

(1) MATTAMY (COUNTRY GLEN LTD)
AND WYKLAND ESTATES INC
SOUTH OF 16^TH AVENUE, EAST OF BUR OAK AVENUE,
CORNELL COMMUNITY
IMPLEMENTING ZONING BY-LAW AMENDMENTS
AND SERVICING ALLOCATION
FILE: SU 06-135982 AND ZA 06-135983 (19TM-06016) (10.7 & 10.5)

Memo

Moved by Regional Councillor T. Wong

Seconded by Councillor L. Kanapathi

That the zoning application (ZA 06-135983) submitted by Mattamy (Country Glen Ltd) and Wykland Estates Inc, to implement draft plan of subdivision 19TM-06016 (SU 06-135982) south of 16^th Avenue, east of Bur Oak Avenue, be approved and 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 132.5 units (392.3 population) be granted to plan of subdivision 19TM-06016, and servicing allocation for 13 units (38.7 population) for the remaining unregistered units in plan of subdivision 19TM-030007 be granted from the total allocation for the Cornell Community, assigned in accordance with the June 20, 2006 report on servicing allocation.

(By-laws 2008-3 and 2008-4)

CARRIED

_________________________________________

Mayor F. Scarpitti vacated the Chair and Regional Councillor T. Wong assumed the Chair as Presiding Officer.

_________________________________________

Moved by Regional Councillor J. Heath

Seconded by Councillor L. Kanapathi

That Regional Councillor T. Wong be appointed as Presiding Officer for purposes of the consideration on the appointment of Deputy Mayor and various committee appointments.

CARRIED

(2) APPOINTMENT OF DEPUTY MAYOR AND
VARIOUS COMMITTEE APPOINTMENTS (16.24)

Moved by Mayor F. Scarpitti

Seconded by Councillor A. Chiu

That Regional Councillor Jack Heath be appointed Deputy Mayor for a term of office to expire November 30, 2010;

And that the following appointments be confirmed for a term to expire November 30, 2008:

Chair of Development Services Committee: Councillor John Webster

Vice Chair of Development Services Committee: Councillor Dan Horchik

Chair of IT Sub-Committee: Regional Councillor Tony Wong

Chair of Canadian Sport Institute Ontario Steering Committee (CSIO): Councillor Alex Chiu

CARRIED

_________________________________________

Regional Councillor T.Wong vacated the Chair and Mayor F. Scarpitti assumed the Chair.

_________________________________________

(3)        CENTENNIAL COMMUNITY CENTRE RENOVATION
            AND ADDITION CONTRACT NO. 055-T-05
            WITH CANNING CONTRACTING LIMITED (6.6)

This matter was referred to the in-camera session of Council meeting this date - See In-camera Clause (5).

(4)        CELEBRATE MARKHAM GRANTS SUBCOMMITTEE
            - CHINESE NEW YEAR CELEBRATION AND
            COMMUNITY CELEBRATION OF BLACK HISTORY MONTH (7.6)

Requests + Budgets

Moved by Councillor A. Chiu

Seconded by Regional Councillor G. Landon

That the following recommendations of the Celebrate Markham Grants subcommittee be approved:

1. That the request for a 2008 grant of $8,000 for the Chinese New Year Celebration, which represents an increase of $500 over 2007 be approved.

2. That a grant to the Markham African Caribbean Association, in the amount of $2,000, which is an increase of $1,000 over 2007, to host the 2008 Community Celebration of Black History Month at the Town of Markham Civic Centre on February 12, 2008, be approved.

CARRIED

11. BY-LAWS

Moved by Councillor A. Chiu

Seconded by Councillor D. Horchik

That By-laws 2008-1 to 2008-13 be given three readings and enacted.

Three Readings

BY-LAW 2008-1 A by-law to amend Parking By-law 2005-188 (Administrative amendments to wording with respect to parking regulations on sidewalks, boulevards, and on Fire Access Routes).
(Clause 2, Report No. 1, 2008)

BY-LAW 2008-2 A by-law to adopt Official Plan Amendment No. 168 (Cornell Secondary Plan).
(Clause 5, Report No. 2, 2008)

BY-LAW 2008-3 A by-law to amend By-law 304-87, as amended (Mattamy (Country Glen) Ltd. and Wykland Estates Ltd, south of 16th Avenue, between Bur Oak Avenue and Cornell Centre Boulevard - To delete subject lands from the area By-law 304-87, as amended, so that they could be incorporated into By-law 177-96, as amended, to permit residential units and open space blocks) (Other Business 1)

BY-LAW 2008-4 A by-law to amend By-law 177-96, as amended (Mattamy (Country Glen) Ltd. and Wykland Estates Ltd, south of 16th Avenue, between Bur Oak Avenue and Cornell Centre Boulevard - To permit residential units and open space blocks) (Other Business 1)

BY-LAW 2008-5 A by-law to authorize the Mayor and Clerk to execute a Transfer of Easement to the Regional Municipality of York for lands legally described as Part of Lot 1, Plan 3542, designated as Parts 1, 2 and 3, Plan 65R-29109 and a Transfer of Land to the Box Grove Developers Group Inc. for lands legally described as Part of Lot 1, Plan 3542, designated as Parts 1, 2 and 3, Plan 65R-29109.
(In-Camera Item (5) - Dec. 11, 2007)

BY-LAW 2008-6 A by-law to designate a property as being of Historic and/or Architectural Value or Interest (Victoria Square Schoolhouse S.S. No. 6, 10137 Woodbine Avenue).
(Clause 2, Report No. 57, 2007)

BY-LAW 2008-7 A by-law to designate a property as being of Historic and/or Architectural Value or Interest (The Tomlinson House and Store, and Craig Blacksmith Shop, 8953 Woodbine Avenue).
(Clause 1, Report No. 61, 2007)

BY-LAW 2008-8 A by-law to amend Municipal Law Enforcement Officers Appointment By-law 2002-178 (To update Officers' List).

BY-LAW 2008-9 A by-law to amend Parking By-law 2005-188 (Cathedraltown overnight parking permit program).
(Clause 5, Report No. 73, 2007)

BY-LAW 2008-10 A by-law to dedicate certain lands as part of the highways of the Town of Markham (Part of Block 385, Plan 65M-3838, designated as Part 1, Plan 65R-30498 - Rizal Avenue; Part of Block 385, Plan 65M-3838, designated as Part 2, Plan 65R-30498 - Collingham Place; Part of Block 386, Plan 65M-3838, designated as Part 3, Plan 65R-30498 - Collingham Place; Part of Block 386, Plan 65M-3838, designated as Part 4, Plan 65R-30498 - Boswell Road).

BY-LAW 2008-11 A by-law to designate part of a certain plan of subdivision not subject to Part Lot Control (Cobalt Creek Homes Inc. and Countrywide Homes at Cornell, east of 9th Line and south of Highway 7, Lots 1 to 10 inclusive and Blocks 210 to 213 and Blocks 215 to 221, Plan 65M-4013 ).

BY-LAW 2008-12 A by-law to designate part of a certain plan of subdivision not subject to Part Lot Control (Nicholas Dev. Inc. (Esquire Homes), Lots 19 to 24, Lot 26, Plan 65M-3988, south of Major Mackenzie Drive, west side of Mingay Avenue).

BY-LAW 2008-13 A by-law to amend Taxi By-law 2002-308 (To delete the word "twenty" due to the conversion of "Premier Plates" to "Regular Plates").
(Clause 1, Report No. 62, 2007)

CARRIED

12. IN-CAMERA ITEMS

Council consented to separate Clause (5).

Moved by Councillor A. Chiu

Seconded by Councillor E. Shapero

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

CARRIED

Moved by Councillor A. Chiu

Seconded by Councillor E. Shapero

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

(1) ANIMAL CARE SERVICES (16.0)

That staff be authorized to terminate the contract with the Town of Whitby for the provision of animal care services effective June 30^th, 2008;

And that staff be directed to enter into an agreement, satisfactory to the Town Solicitor, with the Ontario Society for the Prevention of Cruelty to Animals (O.S.P.C.A.) for the provision of animal care services for the Town of Markham;

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

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

(2)        NELLA IERACI APPEAL OF
            COMMITTEE OF ADJUSTMENT DECISION
            REGARDING ROHINI SHARMA
            52 NELSON STREET, MARKHAM
            COMMITTEE OF ADJUSTMENT FILE NO. A/94/07
            LEGAL FILE NO. 07 0809 LG 0409 (8.0)

That the confidential report entitled “Nella Ieraci Appeal of Committee of Adjustment Decision regarding Rohini Sharma, 52 Nelson Street, Markham”, be received;

And that the Town Solicitor and Staff be instructed not to attend the Ontario Municipal Board hearing of the Appeal by Nella Ieraci from the decision of the Committee of Adjustment approving the three variances for the existing house addition, as renovated, and accessory structures at 52 Nelson Street, Markham;

And that the Town Solicitor be instructed to request the inclusion of the Conditions in Appendix “C” to this Report, in any approval of the variances by the Ontario Municipal Board;

And that Staff be authorized and directed to take the actions set out in this report.

(3)        ONTARIO MUNICIPAL BOARD
            APPEAL OF LANGSTAFF TEMPORARY
            USE BY-LAWS - SETTLEMENT REPORT (8.0)

That the confidential report entitled “Ontario Municipal Board appeal of Langstaff Temporary Use By-laws - Settlement Report” be received;

That Staff be instructed to take the actions set out in this report.

(4)        ONTARIO MUNICIPAL BOARD HEARING
            - APPLICATIONS BY 1547155 ONTARIO LTD.
            FOR OFFICIAL PLAN AND ZONING BY-LAW AMENDMENTS
            AND SITE PLAN APPROVAL TO PERMIT
            A RESIDENTIAL CONDOMINIUM WITH
            GRADE-LEVEL RETAIL AT 7751 YONGE STREET,
            SOUTHEAST CORNER OF YONGE STREET
            AND THORNHILL SUMMIT DRIVE
            – THORNHILL HERITAGE CONSERVATION DISTRICT
            (OP 05 00564, ZA 05 005464, SC 06 135980) (8.0)

That the confidential report entitled “Ontario Municipal Board Hearing - Applications by 1547155 Ontario Ltd. for Official Plan and Zoning By-law Amendments and Site Plan Approval to permit a residential condominium with grade-level retail at 7751 Yonge Street, southeast corner of Yonge Street and Thornhill Summit Drive – Thornhill Heritage Conservation District (File Nos OP 05 00564, ZA 05 005464, SC 06 135980)” be received;

That Council endorse in principle and that staff be authorized and directed to draft Minutes of Settlement reflecting the development principles set out below and otherwise set out in this report, for the purpose of settlement of the appeal to the Ontario Municipal Board by 1547155 Ontario Limited (the “Applicant”);

(i) The development concept, dated January 8, 2008, as amended to delete the fifth storey (hereafter referred to as the “Development Concept” ), shown in Figures 1 through 9 attached, comprising 46 residential units and 9,470 square feet of retail space on Yonge Street, be endorsed, subject to:

a. Confirmation from the Region of York that the Development Concept is acceptable, with specific reference to the location of the internal driveway to Thornhill Summit Drive;

b. Confirmation by the Town Engineering and the Building Departments that the Development Concept will be acceptable in terms of layout of services and facilities on site;

c. Receipt of detailed site plan drawings, including satisfactory landscape plans, elevations and such other documentation or supporting material as are required to prepare a site plan recommendation report.

(ii) The Town will provide a commitment for servicing allocation for 46 residential apartment units, conditional upon settlement;

(iii) The Town will release of the Easement registered against the lands as Instrument No. MA 102380 in exchange for a replacement easement over the new driveway from its south boundary to Thornhill Summit Drive, to ensure that existing and future development to the south will have access to Thornhill Summit Drive, conditional upon settlement; and

(iv) The Applicant will withdraw the other related appeals before the Ontario Municipal Board with respect to the Thornhill-Markham Heritage Conservation District Plan, (By-law 2007-151) (OMB Case No. PL070714) and appeal of OPA No. 167 (Amendment No. 11 to the Thornhill Secondary Plan) (OMB Case No. PL070888).

That staff be directed to prepare an Official Plan amendment, if necessary, and zoning by-law amendment for approval by the Ontario Municipal Board as well as a detailed site plan report to Council with respect to the proposed development;

That Staff request the Ontario Municipal Board to withhold its order approving any Official Plan amendment and the zoning by-law amendment pending finalization of the site plan and applicable conditions by the Town;

And that Staff be authorized and directed to do all things necessary, including the execution of Minutes of Settlement, to give effect to this resolution.

(5)        CENTENNIAL COMMUNITY CENTRE RENOVATION
            AND ADDITION CONTRACT NO. 055-T-05
            WITH CANNING CONTRACTING LIMITED (6.6)

That the following resolution of Building and Parks Construction Committee be approved:

"That the Centennial Community Centre Renovation and Addition Contract 055-T-05 be extended from January 31, 2008 until March 28, 2008;

And that staff provide a project status report to the General Committee prior to the March 4, 2008 Council meeting."

CARRIED

(Councillor C. Moretti abstained)

Moved by Regional Councillor J. Jones

Seconded by Regional Councillor T. Wong

That the report be adopted, approved and confirmed.

CARRIED

13. CONFIRMATORY BY-LAW

Moved by Councillor A. Chiu

Seconded by Councillor D. Horchik

That By-law 2008-14 be given three readings and enacted.

Three Readings

BY-LAW 2008-14 A by-law to confirm the proceedings of the Council meeting of January 22, 2008.
(Council Meeting No. 1, 2008)