<span lang="EN-GB" style="font-size:14.0pt;mso-bidi-font-family:&quot;Times New Roman&quot;"> Meeting No. 6

1) That the attached “Town of Markham Investment Policy” be received and adopted by the Town; and,

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

CARRIED

(4) EXPRESSION OF INTEREST 192-I-08
ADVERTISING SALES, DESIGN,
PRODUCTION OF THE MARKHAM
RECREATION AND COMMUNITY GUIDE (7.12)

1) That the report entitled “Expression of Interest 192-I-08 Advertising Sales, Design and Production of the Markham Recreation and Culture Guide” be received”; and,

2) That staff be authorized to award the Design and Production of the Markham Recreation Guide in the annual amount of $310,400.00 and the associated commission of 18% for advertising sales to “Punch Communication Inc.”; and,

3) That the contractual agreement be for two (2) years with an option to extend for an additional two (2) years, with an exit clause after four issues dependant on success of the program; and,

4) That the Manager of Purchasing in consultation with the Director of Communication and Community Relations be authorized to continue the contract, if found successful as per financial returns on page 4 after the first four issues, and after two (2) years; and,

5) That the Commissioner of Corporate Services be authorized to execute an agreement with the preferred proponent in a form satisfactory to the Town’s Solicitor; and further,

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

CARRIED

(5) AWARD OF CONTRACT 007-T-09
TOWN-WIDE CATCH BASIN CLEANING (7.12.1)

1) That the report entitled “Award of Contract 007-T-09 Town-wide Catch Basin Cleaning” be received; and,

2) That the contract for 007-T-09 Town-wide Catch Basin Cleaning be awarded to the lowest priced bidder in the estimated annual amount of $208,920.00 exclusive of GST, totalling $417,840.00 exclusive of GST for a period of two (2) years; and,

3) That funds for this contract for the 2009 period be drawn from the 2009 Operating Budget Accounts 700 507 5305 Catch Basin Cleaning and 700 507 5760 Tipping Fees in the estimated amount of $208,920.00 exclusive of GST; and,

4) That funds for this contract for the 2010 period, in the estimated amount of $208,920.00 exclusive of GST, be included in the 2010 Operating Budget; and further,

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

CARRIED

(6) MARKHAM TREES FOR TOMORROW PROGRAM
2008 STATUS REPORT (5.7)

1) That the ‘Markham Trees for Tomorrow 2008 Status Report be received and the 2009 Work Plan be endorsed; and,

2) That Council, staff and community leaders continue to promote and actively participate in the program; and further,

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

CARRIED

(7) REPLACEMENT OF MUNICIPAL
REPRESENTATIVE FOR THE CREDIT VALLEY
TORONTO REGION COMMITTEE
AND CENTRAL LAKE ONTARIO REGION
AS REQUIRED BY THE CLEAN WATER ACT (13.4)

Letter

1) That the letter dated February 19, 2009 regarding municipal representation on the Credit Valley, Toronto Region and Central Lake Ontario Region Source Protection Committee be received; and,

2) That the Regional Municipality of York’s appointment of Laura McDowell as the municipal representative to the Credit Valley, Toronto Region and Central Lake Ontario Region Source Protection Committee be endorsed.

CARRIED

6(b) REPORT NO. 22 - GENERAL COMMITTEE (April 6, 2009)

Council consented to separate Item Nos. 4 and 8. Item No. 8 regarding the barrels and baskets program reduction was considered immediately following the delegations regarding this matter.

Moved by Councillor J. Virgilio

Seconded by Councillor C. Moretti

That Report No. 22 - General Committee comprised of 8 items be received and adopted, except Item No. 4. (See following Item No. 4)

(1) AWARD OF TENDER 013-T-09
ASPHALT MAINTENANCE (7.12.2)

1) That the report entitled “Award of Tender 013-T-09 Asphalt Maintenance” be received; and,

2) That the contract for Tender 013-T-09 Asphalt Maintenance be awarded to the lowest priced bidder, D.Crupi & Sons Limited in the estimated annual amount of $812,950.00 exclusive of GST; and,

3) That the Director of Operations and Manager of Purchasing be authorized to exercise the option to renew the contract 013-T-09 Asphalt Maintenance for an additional 2 years (2010-2011) at the 2009 itemized prices subject to performance and budget approval; and,

4) That the awards be funded from the Roads Department 2009 Operating and Capital budget accounts as detailed in the financial considerations section and next years budget upon approval; and further,

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

CARRIED

(2) AWARD OF TENDER 001-T-09
SUPPLY AND DELIVERY OF TOP
DRESSING MATERIALS FOR SPORTS FIELDS (7.12.3)

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

1) That the report entitled “Award of Tender 001-T-09 Supply and Delivery of Top Dressing Materials for Sports Fields” be received; and,

2) That the contract for Tender 001-T-09 Supply and Delivery of Top Dressing Materials for Sports Fields be awarded to the lowest priced bidder “Cliffords Haulage Ltd.” for a three (3) year term in the total amount of $516,375.00 exclusive of GST;

- 2009 - $ 141,750.00

- 2010 - $182,250.00

- 2011 - $ 192,375.00; and,

3) That the 2009 award be funded from accounts 730-732-5415 (Sports Field Maintenance) and 700-10156999195 (Sports Field Maintenance & Reconstruction – Annual Program) in the amount of $141,750.00 as identified within the financial section; and,

4) That the 2010 & 2011 awards be budgeted for within the respective budget years and awarded upon budget approval; and further,

CARRIED

(3) DEVELOPMENT CHARGE CREDIT APPLICATION -
BOX GROVE HILL DEVELOPMENTS INC. (7.11)

1) That the report entitled “Development Charge Credit Application – Box Grove Hill Developments Inc.” be received; and,

2) That Council authorize Town Wide Hard Development Charge credits to Box Grove Hill Developments Inc. and Box Grove North Inc., not exceeding $3,319,468.06, in accordance with the Town’s Development Charge Credit Policy for the construction of public works relating to a portion of Don Cousens Parkway and Copper Creek Drive; and,

3) That the Mayor and Clerk be authorized to execute a development charge credit agreement, in the event that the credits are not included in a subdivision agreement with Box Grove Hill Developments Inc. and/or Box Grove North Inc., or their successors in title; and further,

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

CARRIED

(4) LEGAL FEES INCREASE (8.0, & 7.0)

Report 1 2

1) That the report dated March 30, 2008 entitled “Legal Fees Increase” be received; and,

2) That Schedule A to By-law 2002-276, as amended, be further amended in accordance with Appendix A attached hereto, increasing the fees for services charged by the Legal Department and providing for additional fees to be charged as set out in Appendix A; and,

3) That the increases in the Legal Fee & Service Charges will be effective June 1^st, 2009; and,

4) That notice to the public be provided in accordance with the Town of Markham Procedural By-law 2001-1; and further;

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

(By-law 2009-36)

CARRIED

(5)        ACCESS COPYRIGHT –
            MUNICIPAL PHOTOCOPYING
            LICENCE RENEWAL (7.0, & 8.0)

1) That the Mayor and Clerk be authorized to execute a Municipal Government Licence with Access Copyright, the Canadian Copyright Licensing Agency, to permit the photocopying of copyrighted materials, including digital copies, at the Town, including annual renewals thereof.

CARRIED

(6) EXPIRATION OF COUNCILLOR APPOINTMENTS
TO VARIOUS COMMITTEES (16.24)

1) That the current appointment of Members of Council to various Town committees and boards which expired on November 30, 2008 be extended until November 30, 2010; and,

2) That staff report back to General Committee in June, 2009 with a recommendation regarding the preferred length of appointments for citizens serving on Town committees and boards.

CARRIED

(7) MARKHAM ECOFEST (5.7)

1) That sales be permitted at the Markham EcoFest being held by the Youth Environmental Network of York Region on the day of April 17, 2009; and,

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

CARRIED

(8) BARRELS & BASKETS –
2009 BUDGET / SERVICE REDUCTION (3.0)

Report Attach A Attach B Attach C By-law

1) That the report entitled “Barrels and Baskets – 2009 Budget/Service Reduction” be received; and,

2) That the reduction in barrels and baskets outlined in Option 2 of this report be implemented in 2009 to achieve an estimated 50% reduction in program operating costs; and,

3) That Community & Fire Services and Development Services Commissions work collectively (through the Markham Beautification Committee) on a public realm initiative that will undertake to identify and implement future beautification programs to supplement barrels and baskets; and further,

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

CARRIED

(See following motion to consider the proposed recommendation)

(See following recorded vote which carried the main motion) (7:3)

(See following proposed amendment moved Councillor Virgilio and

seconded by Deputy Heath which was lost) (2:8)

(See following proposed amendment, as amended, moved Councillor Virgilio

and seconded by Councillor Burke which was lost) (0:10)

(See following amendment moved by Councillor Webster and

seconded by Councillor Horchik which was carried) (7:3)

Motion to consider the proposed recommendation

Moved by Councillor J. Virgilio

Seconded by Councillor V. Burke

That Council consider the proposed resolution regarding the barrels and baskets program reduction.

CARRIED

Main motion carried by a recorded vote of 7:3

YEAS: Mayor F. Scarpitti, Regional Councillor J. Jones, Regional Councillor G. Landon, Councillor C. Moretti, Councillor J. Webster, Councillor D. Horchik, Councillor A. Chiu. (7)

NAYS: Deputy Mayor J. Heath, Councillor V. Burke, Councillor J. Virgilio. (3)

ABSENT: Regional Councillor T. Wong, Councillor E. Shapero, Councillor L. Kanapathi. (3)

Proposed amendment to the main motion lost by a recorded of 2:8

Moved by Councillor J. Virgilio

Seconded by Deputy Mayor J. Heath

That Item No. 8, Report No. 22 be amended to increase funding to the barrels and baskets program by approximately $25,000 in an effort to restore the program to its 2008 scope, which includes additional baskets and barrels in Main Street Unionville, Main Street Markham and Thornhill area including the Heintzman House.

LOST

(See following recorded vote) (2:8)

YEAS: Councillor V. Burke, Councillor J. Virgilio. (2)

NAYS: Mayor F. Scarpitti, Deputy Mayor J. Heath, Regional Councillor J. Jones, Regional Councillor G. Landon, Councillor C. Moretti, Councillor J. Webster, Councillor D. Horchik, Councillor A. Chiu. (8)

ABSENT: Regional Councillor T. Wong, Councillor E. Shapero, Councillor L. Kanapathi. (3)

Proposed amendment to the main motion, as amended by motion moved by Councillor Webster and seconded by Councillor Horchik, was lost by a recorded vote of 0:10

Moved by Councillor J. Virgilio

Seconded by Councillor V. Burke

That Item No. 8, Report No. 22, be amended as follows:

"That staff be authorized to accommodate the request to provide additional barrels and baskets for significant bridge and gateway areas in Main Street Unionville and Thornhill around Heitzman House, and the areas outside Markham BIA; and,

That the barrels and baskets be redistributed from within the allocated inventory for these specific areas to accommodate this request, while maintaining the 50% reduction in program operating costs."

MOTION AS AMENDED LOST

(See following recorded vote) (0:10)

NAYS: Mayor F. Scarpitti, Deputy Mayor J. Heath, Regional Councillor J. Jones, Regional Councillor T. Wong, Regional Councillor G. Landon, Councillor V. Burke, Councillor J. Virgilio, Councillor C. Moretti, Councillor J. Webster, Councillor D. Horchik, Councillor A. Chiu. (10)

ABSENT: Regional Councillor T. Wong, Councillor E. Shapero, Councillor L. Kanapathi. (3)

(See following original proposed amendment

to the main motion)

Moved by Councillor J. Virgilio

Seconded by Councillor V. Burke

That the barrels and baskets be redistributed from the inventory for other areas/communities to accommodate this request, while maintaining the 50% reduction in program operating costs."

Amendment to the proposed amendment to the main motion carried by a recorded vote of 7:3

Moved by Councillor J. Webster

Seconded by Councillor D. Horchik

That the proposed motion moved by Councillor Virgilio and seconded by Councillor Burke be amended as follows:

CARRIED

(See following recorded vote) (7:3)

YEAS: Mayor F. Scarpitti, Regional Councillor J. Jones, Regional Councillor G. Landon, Councillor C. Moretti, Councillor J. Webster, Councillor D. Horchik, Councillor A. Chiu. (7)

NAYS: Deputy Mayor J. Heath, Councillor V. Burke, Councillor J. Virgilio. (3)

ABSENT: Regional Councillor T. Wong, Councillor E. Shapero, Councillor L. Kanapathi. (3)

6(c) REPORT NO. 23 - DEVELOPMENT SERVICES COMMITTEE (April 7, 2009)

Council consented to separate Item No. 2.

Moved by Councillor J. Webster

Seconded by Councillor D. Horchik

That Report No. 23 - Development Services Committee comprised of 7 items be received and adopted, except Item No. 2. (See following Item No. 2)

(1)        PROPOSED ALL WAY STOP CONTROL AT
            1. CASTAN AVENUE AND AVOCA DRIVE
            2. TIMES AVENUE AND GALLERIA PARKWAY AND
            3. THE BRIDLE WALK AND MADISON HEIGHTS BOULEVARD (5.12.3)

1) That the report entitled “Proposed All Way Stop Control at (1) Castan Avenue and Avoca Drive, (2) Times Avenue and Galleria Parkway and (3) The Bridle Walk and Madison Heights Boulevard” dated February 13, 2009, be received; and,

2) That Schedule 12 of By-law 106-71 for all-way stop control be amended to include the intersections of (1) Castan Avenue and Avoca Drive, (2) Times Avenue and Galleria Parkway and (3) The Bridle Walk and Madison Heights Boulevard; and,

3) That the Operations Department be directed to install the appropriate signs and pavement markings at the subject locations, funded through the Engineering Department capital account # 83-5399-8402-005; and,

4) That the Operations Department be directed to maintain the signs and pavement markings at the subject locations; and,

5) That York Regional Police be requested to enforce the all-way stop control upon installation of these signs and passing of the By-law; and further,

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

(By-law 2009-37)

CARRIED

(2) POMANDER ROAD PARKING PROHIBITION (5.12.4)

Report Attach A Attach B By-law

1) That the report entitled “Pomander Road Parking Prohibition” dated February 13, 2009, be received; and,

2) That Schedule ‘C’ of Traffic By-law 2005-188 be amended to prohibit parking on the north side of Pomander Road, in its entirety; and,

3) That Schedule ‘C’ of Traffic By-law 2005-188 be amended to prohibit parking on the south side of Pomander Road, the west property line of #47 and the west property line of #53; and,

4) That Schedule ‘C’ of Traffic By-law 2005-188 be amended to prohibit parking on the south side of Pomander Road, from Carlton Road, to a point 30 metres west thereof; and,

5) That Schedule ‘C’ of Traffic By-law 2005-188 be amended to rescind prohibited parking on the north side of Pomander Road, in its entirety, from June 1 to September 30, 2008; and,

6) That Schedule ‘C’ of Traffic By-law 2005-188 be amended to rescind prohibited parking on the south side of Pomander Road, the west property line of #47 and the west property line of #53, from June 1 to September 30, 2008; and,

7) That the Operations Department be directed to maintain the existing signs at the subject locations, upon approval of the attached by-law; and,

8) That the Parking Control Department be directed to enforce the parking prohibition upon installation of the signs; and further,

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

(By-law 2009-38)

CARRIED

(3) THORNHILL SUMMIT DRIVE PARKING PROHIBITION (5.12.4)

Report Attach A By-law

1) That the report entitled “Thornhill Summit Drive Parking Prohibition” dated February 13, 2009, be received; and,

2) That Schedule ‘C’ of Traffic By-law 2005-188 be amended to prohibit parking on the south side of Thornhill Summit Drive, from Yonge Street to a point 75 metres east thereof, as outlined in this report; and,

3) That Schedule ‘C’ of Traffic By-law 2005-188 be amended to prohibit parking on the south side of Thornhill Summit Drive, from a point 75 metres east of Yonge Street to a point 170 metres east of Yonge Street, as outlined in this report; and,

4) That Schedule ‘C’ of Traffic By-law 2005-188 be amended to rescind prohibited parking on the outside circle of Thornhill Summit Drive, from King’s Hwy. 11 (Yonge St.) to a point 170 metres east of King’s Hwy. 11 (Yonge St.), as outlined in this report; and,

5) That the Operations Department be directed to install the appropriate signs at the subject locations, funded through the Engineering Department capital account # 83-5399-8402-005; and,

6) That the Parking Control Department be directed to enforce the parking prohibition upon installation of the signs; and further,

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

(By-law 2009-39)

CARRIED

(4) TRAFFIC CONTROL SIGNALS
– PROPOSED BY-LAW AMENDMENTS (5.12.1)

Report Attach A By-law

1) That the report entitled “Traffic Control Signals – Proposed By-Law Amendments”, dated February 13, 2009, be received; and,

2) That Schedule 19 of Traffic By-law 106-71, pertaining to “Traffic Control Signals”, be amended by including the following intersections:

- Highway 48 and Castlemore Avenue

- Highway 48 and Bur Oak Avenue

- Old Kennedy Road and Aldergrove Drive

- South Town Centre Boulevard and Clegg Road

- Henderson Avenue and Proctor Avenue / Glen Cameron Road; and,

3) That the Schedule 12 of Traffic By-law 106-71, pertaining to “Compulsory Stops”, be amended by rescinding the stop control at the following intersections:

- Old Kennedy Road and Aldergrove Drive

- South Town Centre Boulevard and Clegg Road

- Henderson Avenue and Proctor Avenue / Glen Cameron Road; and,

4) That the amended by-laws shall come into force and effect when the authorized traffic control signals have been energized; and further,

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

(By-law 2009-40)

CARRIED

(5) TOWARD A MARKHAM GROWTH STRATEGY:
OUTLINING AN INTENSIFICATION STRATEGY (10.0)

Report Figure 1 and 2 Appendix A

1) That the correspondence from Mr. Harry Eaglesham, be received; and,

2) That the report entitled “Toward a Markham Growth Management Strategy: Outlining an Intensification Strategy”, dated March 24, 2009, and the report entitled “Towards a Markham Growth Management Strategy: Refined Working Principles for Intensification Strategy” dated April 7, 2009, be received; and,

3) That the “Intensification Principles” and the “Intensification Hierarchy”, as described in the March 24^th report, and further refined in the April 7^th report, be endorsed as a basis and framework for finalizing a Markham Intensification Strategy addressing both residential and employment intensification within the Town’s current settlement area; and,

4) That, as per Council’s direction on February 10, 2009, Staff report back to Development Services Committee with a summary of responses received on the housing and employment growth alternatives through public consultation; and,

5) That Staff report back to the Development Services Committee with a recommended Intensification Strategy following endorsation of the preferred alternative for housing and employment growth as identified in the Markham Growth Management Strategy; and further,

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

CARRIED

(6)        THE INTERNATIONAL ASSOCIATION OF
            SCIENCE PARKS (IASP) WORLD CONFERENCE
            ON SCIENCE AND TECHNOLOGY PARKS
            RALEIGH, NC, JUNE 1-4, 2009 (10.16)

Report Attachment

1) That the report entitled “The International Association of Science Parks (IASP) World Conference on Science and Technology Parks. Raleigh, NC, June 1-4, 2009” be received, and,

2) That the Town be represented at the conference by the Chair of the Economic Development Committee and the Senior Business Development Officer, Economic Development, and,

3) That the cost of attending the conference be expensed from within the approved 2009 Economic Development Travel budget account 610-9985201; and further,

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

CARRIED

(7)        AWARD TENDER # 021-T-09
            ENTERPRISE BOULEVARD EXTENSION PHASE 2
            AND MAIN STREET UNIONVILLE SOUTH RECONSTRUCTION (7.12.2)

Report Attach A Attach B Attach C and D

1) That the April 7, 2009 staff report entitled “Award Tender # 021-T-09, Enterprise Boulevard Extension Phase 2 and Main Street Unionville South Reconstruction be received; and,

2) That the contract for Tender # 021-T-09, Enterprise Boulevard Extension Phase 2 and Main Street Unionville South Reconstruction be awarded to the lowest price qualified bidder, Carillion Canada Inc. in the amount of $8,687,936.71 exclusive of GST (excluding Markham District Energy cost); and,

3) That a contingency amount of $1,018,793.67 exclusive of GST be established to cover any additional construction costs and that the Director of Engineering be authorized to approve the expenditure of this contingency amount up to the specified limit with monthly reporting to the Town Treasurer; and,

4) That staff be authorized to retain McCormick Rankin Corporation as preferred supplier to provide construction inspection, contract administration services and material testing during construction of the project to an upset limit of $671,250.00 exclusive of GST, in accordance with Purchasing By-Law 2004-341, Part II, Section 7 (1); and,

5) That a contingency amount of $67,125.00 exclusive of GST be established to cover any additional construction inspection and contract administration services and material testing during construction and that the Director of Engineering be authorized to approve the expenditure of this contingency amount up to the specified limit with monthly reporting to the Town Treasurer; and,

6) That Purchasing Department staff be authorized to issue a purchase order to Power Stream Inc. for an amount of $62,800.00 exclusive of GST for the cost of work to be carried out by Power Stream Inc relating to the completion of service connections, removal of primary lines and temporary isolation of power lines; and,

7) That funding for the project be provided from the approved Capital Budget accounts # 083-5350-8161-005, 083-5350-9320-005 and 083-5350-9325-005, and recoveries from Bell Canada, as identified in this report; and,

8) That staff be authorized to award the contract for the wider bridge option; and,

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

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

CARRIED

6(d) REPORT NO. 24 - DEVELOPMENT SERVICES PUBLIC MEETING
(April 7, 2009)

Council consented to separate Item No. 1.

Moved by Councillor J. Webster

Seconded by Councillor V. Burke

That Report No. 24 - Development Services Public Meeting comprised of 1 item be received and adopted. (See Councillor D. Horchik's declaration of conflict of interest)

(1)        ANGUS GLEN VILLAGE LTD.
            - WEST VILLAGE (PHASE 2)
            ZONING BY-LAW AMENDMENT AND
            DRAFT PLAN OF SUBDIVISION 19TM-030004
            TO PERMIT 164 SINGLE DETACHED LOTS,
            PRESERVATION OF TWO HERITAGE HOUSES,
            A MULTIPLE RESIDENTIAL BLOCK, PARKS,
            VALLEYLANDS AND STORMWATER MANAGEMENT POND
            ON THE SOUTH SIDE OF MAJOR MACKENZIE DRIVE,
            WEST OF KENNEDY ROAD
            (SU.03-109045 001 AND ZA.08-120708) (10.5, 10.7)

Report Attachment

1) That the correspondence from Sahar Mishriki, 33 Glenbourne Park Drive, be received.

2) That the Development Services Commission report dated February 3, 2009, entitled “Preliminary Report: Angus Glen Village Ltd. - West Village (Phase 2) Zoning By-law Amendment and Draft Plan of Subdivision 19TM-030004 to permit 164 single detached lots, preservation of two heritage houses, a multiple residential block, parks, valleylands and stormwater management pond on the south side of Major Mackenzie Drive, west of Kennedy Road.” (SU.03-109045 001 and ZA.08-120708) be received; and,

3) That the Record of the Public Meeting held on April 7, 2009 with respect to the applications by Angus Glen Village Ltd. for draft plan of subdivision approval and implementing zoning by-law amendments, be received; and,

4) That staff be directed to review and evaluate the proposal submitted by Angus Glen Village Ltd. and report any outstanding issues to the Development Services Committee; and,

5) That confirmed servicing allocation for Lots 1 to 13, 65M-4085 (Phase 1) be revoked and reassigned to Lots 85 to 97 on Draft Plan 19TM-03004 (Phase 2); and,

6) That prior to approval of Draft Plan 19TM-03004 (Phase 2):

(a) The Town shall register restrictive covenants on title for Lots 1 to 13, 65M-4085 (Phase 1), restricting the Owner from any dealings with the land without the consent of the Town Solicitor;

(b) The Chief Building Official shall confirm that Section 4(a) of the Town’s Servicing By-law 2005-104, would prevent the issuance of building permits for Lots 1 to 13, 65M-4085 (Phase 1);

(c) The Owner shall enter into No Presale Agreements with the Town of Markham and Indemnity Agreements with the Region of York for Phase 1 (Lots 1 to 13, 65M-4085) and Phase 2 lands.

(d) A Holding zone provision shall be applied to Lots 1 to 13, 65M-4085 (Phase 1) restricting any use of the lands unless and until servicing allocation is re-allocated to these lots; and further,

7) That upon completion of the review and evaluation by staff regarding the proposal submitted by Angus Glen Village Ltd. and if there are no outstanding issues, the implementing zoning by-laws be enacted without further notice; and further,

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

CARRIED

(Councillor D. Horchik abstained)

7. MOTIONS

There were no motions.

8. NOTICES OF MOTIONS

There were no notices of motions.

9. COMMUNICATIONS

Council consented to add Communication No. 16-2009.

Moved by Regional Councillor G. Landon

Seconded by Councillor C. Moretti

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

Received

13-2009 The Honourable Lincoln M. Alexander, Chair, Ontario Heritage Trust - Extending congratulations and best wishes to Markham Council and Citizens on being the recipient of the First Lieutenant Governor's Ontario Heritage Award for Community Leadership for communities with a population over 125,000. (12.2.6)

Letter

Referred to all Members of Council

14-2009 Liquor Licence Application (temporary extension of outdoor areas), Old Country Inn Restaurant, 198 Main Street Unionville - Requesting an approval from the Town of Markham with respect to the Application of Temporary Extension of Liquor Sales Licence. The extension will be utilized in conjunction with the Unionville Village Festival, from June 5 to June 7, 2009 between 11:30 a.m. and 10:00 p.m. (3.21)

Info

15-2009 Liquor Licence Application - Forwarding a request to complete the Alcohol and Gaming Commission Municipal Information Form for Golden Prince Chinese Seafood Cuisine, 4855 14^th Avenue, Units 9 to 11 (New licence and change of ownership for existing premises). (3.21)

Info

16-2009 Communications received regarding the proposed 2009 barrels and baskets reduction program:

1. Unionville Villagers' Association, email dated April 14, 2009 - Forwarding objection.

2. Unionville BIA, emails dated April 2 and 10, 2009 - Forwarding comments and objection.

3. Unionville Ratepayers Association, emails dated April 7 and 10, 2009 - Forwarding comments and objection.

(3.0) (Item No. 8, Report No. 22)

Info

CARRIED

10. PROCLAMATIONS

There were no proclamations.

11. NEW/OTHER BUSINESSES

There were no new/other businesses.

12. BY-LAWS

Moved by Councillor A. Chiu

Seconded by Councillor L. Kanapathi

That By-laws 2009-36 to 2009-41 be given three readings and enacted.

Three Readings

BY-LAW 2009-36 A by-law to amend By-law 2002-276, a by-law to impose fees or charges for services or activities provided or done by the Town of Markham (Legal Fees Increase).
(Item No. 4, Report No. 22, 2009)

BY-LAW 2009-37 A by-law to amend Traffic By-law 106-71 (All-way stop control for the intersections of (1) Castan Avenue and Avoca Drive, (2) Times Avenue and Galleria Parkway and (3) The Bridle Walk and Madison Heights Boulevard).
(Item No. 1, Report No. 23, 2009)

BY-LAW 2009-38 A by-law to amend Parking By-law 2005-188 (Pomander Road parking prohibition).
(Item No. 2, Report No. 23, 2009)

BY-LAW 2009-39 A by-law to amend Parking By-law 2005-188 (Thornhill Summit Drive parking prohibition).
(Item No. 3, Report No. 23, 2009)

BY-LAW 2009-40 A by-law to amend Traffic By-law 106-71 (Traffic control signals for the intersections of (1) Highway 48 and Castlemore Avenue, (2) Highway 48 and Bur Oak Avenue, (3) Old Kennedy Road and Aldergrove Drive, (4) South Town Centre Boulevard and Clegg Road and (5) Henderson Avenue and Proctor Avenue/Glen Cameron Road) (Compulsory stops for the intersections of (1) Old Kennedy Road and Aldergrove Drive, (2) South Town Centre Boulevard and Clegg Road and (3) Henderson Avenue and Proctor Avenue / Glen Cameron Road).
(Item No. 4, Report No. 23, 2009)

BY-LAW 2009-41 A by-law to designate part of a certain plan of subdivision not subject to Part Lot Control (Mattamy (Wykland) Ltd., Blocks 10 to 14, Plan 65M-4096, south of 16^th Avenue and east of 9^th Line).

CARRIED

13. IN-CAMERA ITEMS

Moved by Councillor D. Horchik

Seconded by Regional Councillor J. Jones

That Council consider In-Camera Item Nos. 1 & 2 during the regular portion of the meeting.

CARRIED

REPORT OF GENERAL COMMITTEE - March 30, 2009

(1)        INNOVATION SYNERGY CENTRE IN MARKHAM
            AMENDMENT TO RENEWAL OF SUBLEASE WITH
            ALCATEL –LUCENT CANADA INC. AT 1380 RODICK ROAD (8.6)

Moved by Councillor D. Horchik

Seconded by Regional Councillor J. Jones

1) That the report entitled “Innovation Synergy Centre in Markham: Amendment to Renewal of Sublease with Alcatel-Lucent Canada Inc. at 1380 Rodick Road” be received; and,

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

CARRIED

REPORT OF DEVELOPMENT SERVICES COMMITTEE - April 14, 2009

(2)        THORNHILL VILLAGE PLAZA INC. AND
            M4 DEVELOPMENTS INC.
            APPEAL OF VAUGHAN OPA 669
            7584-7616 YONGE STREET
            14 ARNOLD AVENUE, VAUGHAN (8.0)

Moved by Councillor D. Horchik

Seconded by Regional Councillor J. Jones

1) That the report entitled “Thornhill Village Plaza Inc. and M4 Developments Inc. Appeal of Vaughan OPA 669, 758407616 Yonge Street, 14 Arnold Avenue, Vaughan” be received; and,

2) That the Town Solicitor and outside counsel be instructed to consent to the settlement of the appeals by M4 Developments Inc. in respect of Vaughan’s OPA 669, OPA 210, etc. generally on the terms set out in this report; and,

3) That the Town Solicitor be authorized to execute Minutes of Settlement in respect of the appeals, and any other documents required to give effect to this report; and,

4) That the City of Vaughan and the appellant be requested to consult with the Town of Markham regarding the site plan application and in particular the east elevation of the buildings and the visibility of the heritage building; and,

5) That staff be authorized to do all things necessary to give effect to this report.

CARRIED

14. CONFIRMATORY BY-LAW

Moved by Councillor A. Chiu

Seconded by Councillor V. Burke

That By-law 2009-42 be given three readings and enacted.

Three Readings

BY-LAW 2009-42 A by-law to confirm the proceedings of the Council meeting of April 14, 2009.
(Council Meeting No. 6, 2009)