<span lang="EN-GB" style="font-size:14.0pt;mso-bidi-font-family:&quot;Times New Roman&quot;"> Meeting No. 13

That the letter dated June 23, 2006 from the Canadian Sport Institute, Ontario be received;

AND THAT Council establish a Steering Committee consisting of three to five members of Council to undertake a Feasibility Study of the proposal received from the Canadian Sport Institute, Ontario to determine if it is in Markham’s best interests to participate;

AND THAT the following Council members be appointed to the Steering Committee;

a. Mayor Don Cousens

b. Deputy Mayor Frank Scarpitti

c. Regional Councillor Jim Jones (Chair)

d. Ward 8 Councillor Alex Chiu

e. Ward 7 Councillor Khalid Usman

f. Ward 3 Councillor Joe Virgilio

AND THAT the Steering Committee be directed to complete the Feasibility Study and Report back to Council with recommendations in September 2006;

AND THAT the Steering Committee working with the Canadian Sport Institute, Ontario seek potential funding partners (for both operating and capital costs) including the Federal and Provincial Governments;

AND THAT the CAO, in conjunction with the Steering Committee, be authorized to engage outside consulting third party advice that may be required to prepare the Feasibility Study at a cost not to exceed $100,000 to be paid from the Corporate Contingency Fund;

AND THAT the CAO appoint an internal staff team to support the Steering Committee to provide expertise in evaluating the proposal consisting of representatives from Economic Development, Planning, Engineering, Recreation, Finance, Corporate Communications and Legal;

AND THAT the Steering Committee work with outside advisers including Police, Region of York, York Region School Boards, YRT, Go Transit, Markham District Energy, TRCA , the Ontario Realty Corporation, Hydro One and MTO/ETR and various ministries of both the Federal and Provincial Governments.

AND THAT the Steering Committee consult with various sport bodies and associations in Markham and the surrounding area.

CARRIED UNANIMOUSLY (13:0)

(See following recorded vote)

YEAS: Mayor D. Cousens, Deputy Mayor F. Scarpitti, Regional Councillor J. Heath, Regional Councillor J. Jones, Regional Councillor B. O'Donnell, Councillor S. Daurio, Councillor E. Shapero, Councillor J. Virgilio, Councillor G. McKelvey, Councillor J. Webster, Councillor D. Horchik, Councillor K. Usman, Councillor A. Chiu. (13)

(3) ADVISORY BOARD/COMMITTEES APPOINTMENTS (16.24)

That the following resignations be accepted with regret and a letter of appreciation be forwarded:

Markham Village BIA Board of Directors

- Morley Lem

- Sid Ridgley

- Les Ford

(4) BUS LOOP AGREEMENT FOR VICTORIA PARK/STEELES AVENUE
AND ESNA PARK DRIVE/STEELES AVENUE LEGAL
FILE NO. 06 0411 LG0183 (5.14)

That the Mayor and the Clerk be authorized to execute an Agreement, in a form satisfactory to the Town Solicitor, among IBM Canada Limited , J & S Realty Nominee Inc., Toronto Transit Commission and the Town of Markham.

(5) APPROVAL OF ENCROACHMENT IN RESPECT OF A FENCE ENCROACHMENT
AT 40 LIMCOMBE DRIVE, THORNHILL (8.9)

That the following recommendation be referred back to staff for further review, and the CAO be requested to subsequently proceed as appropriate:

“That the Mayor and Clerk be authorized to execute an encroachment agreement with the owners of 40 Limcombe Drive, Thornhill to permit a fence encroachment as described in this report.”

(6) UP-DATE ON THE STATUS OF COUNCIL'S 2004-2006 STRATEGIC PRIORITIES (16.0)

Report Attachment UpdateReport UpdateAtts FinalPolicyAtt

That the report entitled “Up-date on the Status of Council’s 2004 – 2006 Strategic Priorities” be received for information.

(7) RESULTS OF 2006 STAFF SATISFACTION SURVEY (12.0)

Report Memo Chart

That the report “Results of 2006 Staff Satisfaction Survey” be received.

(8) USE OF CORPORATE RESOURCES – ELECTION PURPOSES (14.0 & 2.1 & 11.12)

That the policy on the Use of Corporate Resources for Election Purposes, amended to:

§ separate notices of Opening of Parks, Open Spaces and Facilities;

§ clarify other notices relate only to ward-wide notices; and

§ prohibit any form of advertising in an election year, save and except for any previously committed 2006 advertising;

and that, as amended, it be adopted as outlined in Schedule “A”;

And that the Town of Markham Business Expense & Conference Policy be amended as follows:

Delete Item 14 “Use of Corporate Resources—Election Purposes” and replace with a separate policy contained in Schedule “A” hereto;
Amend Section 13 to update print and mailing costs of Newsletters; and
Amend Section 13 to clarify that the printing of Newsletters pertains to Ward Councillors only;

And that staff review and report back in 2007 on the implementation of a Constituency Communications Program for Regional Councillors;

And that the protocol for the Opening of Parks, Open Spaces and Facilities be amended to provide for the disbursement of all notices of openings to be undertaken by the Clerk’s Department and not the respective Councillor, effective July 1^st in a municipal election year.

(9) ONTARIO FARMLAND TRUST (7.6)

Report Atts

WHEREAS one of the recommendations of the approved GTA Agricultural Action Plan states as follows: “Encourage the Ontario Farmland Trust (OFT) to develop programs, identify securement mechanisms (including financial) and obtain support from the province, municipal Councils and agricultural organizations;

WHEREAS the Eastern Markham Strategic Review identified lands in the eastern part of Markham for a permanent Countryside vision;

AND WHEREAS the Province of Ontario has also identified additional lands in Markham as permanent Countryside pursuant to the Oak Ridges Moraine Conservation Plan and the Greenbelt Plan;

NOW THEREFORE BE IT RESOLVED:

THAT the Town of Markham supports the current efforts of the Ontario Farmland Trust in regards to:

the federal and provincial governments being requested to amend their Income Tax Acts to provide the same benefits to donors of farmland for which donors of ecologically sensitive lands now qualify; and,
the federal and provincial governments being requested to consider other farmland conservation incentives to ensure that farmland remains in agriculture,

for agricultural and Countryside lands in Markham;

AND THAT copies of this report be provided to the Minister of Agriculture and Food, the Minister of Municipal Affairs and Housing, the Ontario Farmland Trust, Environment Canada, the Region of York and Region of York municipalities.

(10) DEVELOPMENT CHARGE DEFERRAL – JOLIS INVESTMENTS (ONTARIO) LTD. (7.11)

That the report titled “Development Charge Deferral – Jolis Investments (Ontario) Limited be received;

And that the Mayor and Clerk be authorized to execute an agreement with Jolis Investments (Ontario) Limited to defer the payment of the Town’s Town Wide Hard and Area Specific development charges in respect of the development of the industrial subdivision legally described as Part of Lot 17, Concession 3, being drafted approved 19T88018, to the satisfaction of the Town Solicitor;

And that the agreement provide for the deferral of the Town Wide Hard and Area Specific development charges to be payable at the earlier of:

- Issuance of the first building permit for each block.

OR:

- 10% payable at execution of the industrial subdivision agreement;

- 20% payable three months after the date of execution of the industrial subdivision agreement;

- 35% payable six months after the date of execution of the industrial subdivision agreement; and

- 35% payable twelve months after the date of execution of the industrial subdivision agreement;

And that the development charge be calculated at the rate in effect at execution of the industrial subdivision agreement;

And that the letter(s) of credit posted to fulfill the requirements of the industrial subdivision agreement not be reduced or released unless the amount of the letter(s) of credit exceeds the total of:

– the obligations outstanding on Schedule “E” of the Jolis Investments (Ontario) Limited industrial subdivision agreement; and the amount of the Town Wide Hard and Area Specific development charges outstanding.

And that staff be authorized and directed to do all things necessary to give effect to these recommendations.

(11)      BOX GROVE CENTRE INC., BOX GROVE HILL
            DEVELOPMENTS INC., AND BOX GROVE NORTH INC.
            (19TM-030012) PHASE 2, BOX GROVE PLANNING DISTRICT
            PROPOSED PLAN OF SUBDIVISION (SU 03 115555, ZA 03 115538) (10.5, 10.7)

Memo

That staff be directed to provide the requested easement over the 0.3 metre reserve at the east end of Street "16" to the Pilkington Family when permission to construct the Street "16" roadway or an interim driveway to serve future development on Block 460, Plan 19TM-030012, is granted.

(12) SHARED FIELD AGREEMENT (8.2)

That the Mayor and the Clerk be authorized to execute annual Shared Field Agreements, in a form satisfactory to the Commissioner of Community & Fire Services and the Town Solicitor, between the York Region District School Board and the Town of Markham.

(13)      ONTARIO MUNICIPAL WATER
            ASSOCIATION CORRESPONDENCE
            AND IMPLICATIONS OF THE WATERTIGHT REPORT ON
            PUBLIC OWNERSHIP OF WATER SYSTEMS IN ONTARIO (5.3)

Minutes Correspondence Appendices By-law

That the Ontario Municipal Water Association correspondence be received;

And that Council supports OMWA position that water must remain under public ownership and control;

And that the Government of Ontario must make commitment to the people of Ontario to keep water under public ownership and control by enshrining it in the legislation;

And further that a copy of this motion be sent to Premier Dalton McGuinty, The Minister of Public Renewal the Hon. David Caplan, the Minister of the Environment the Hon. Laurel Broten, the Minister of Municipal Affairs and Housing the Hon. John Gerretsen, the Association of Municipalities of Ontario and to the Ontario Municipal Water Association.

(14) VILLAGE CHURCH PARKING (5.12.4)

Whereas the availability of public parking in downtown Unionville is limited;

And whereas the public’s use of the private parking lot on the North East corner of Main Street and Carlton Road, which is owned by The Village Church, often conflicts with the Church’s use of its own parking lot;

And whereas mutual benefits to the Church and the Town would result from an agreement setting out terms and conditions pertaining to the shared use of the parking lot;

And whereas such an agreement requires a by-law to govern and control the enforcement of parking of vehicles on private property;

And whereas By-law 2005-188 of the Town of Markham provides for such governance and control for locations set out in Schedule “F” of the by-law;

Be it resolved:

That the Mayor and the Clerk be authorized to execute a licensing agreement with The Village Church, substantially in accordance with the principles set out in the attached “CHANGES TO THE PROPOSED PARKING LOT AGREEMENT”; and

That By-law 2005-188 be amended to add the parking lot owned by The Village Church at the north east corner of Main Street and Carlton Road to Schedule “F” – Private Property Enforcement.

(By-law 2006-242)

(15)      JUDITH SWITZER, 21 SPRUCEWOOD DRIVE - MINOR VARIANCE APPEAL
            COMMITTEE OF ADJUSTMENT FILE NO.A/26/06
            LEGAL FILE NO.06 0102 LG 0173 (10.12)

That the Town Solicitor and Staff be instructed to attend the Ontario Municipal Board hearing to oppose the appeal by Sayd Compani-Azad and Mansoureh Alasti, of 79 Proctor Avenue in respect of the decision of the Committee of Adjustment which approved the application of Judith Switzer of 21 Sprucewood Drive to permit a maximum lot coverage of 36.9% in order to allow for the construction of a one-storey addition to the existing one-storey dwelling;

(16) SETTLEMENT OF APPEALS TO THE MILLIKEN MAIN STREET SECONDARY PLAN (OPA 144) AND IMPLEMENTING ZONING BY-LAWS (2005-248, 2005-249, 2005-250) (10.0)

That the staff report entitled “Settlement of Appeals to the Milliken Main Street Secondary Plan (OPA 144) and Implementing Zoning By-laws (2005-248, 2005-249, 2005-250)” be received;

That the Secondary Plan (OPA 144) be revised as outlined in the report to incorporate changes agreed to with the City of Toronto and 2 Tang’s Automotive Centre Ltd;

That the implementing zoning by-laws for the Milliken Main Street Secondary Plan (2005-248, 2005-249, 2005-250) be revised as outlined in the report to incorporate changes agreed to with the City of Toronto and 2 Tang’s Automotive Centre Ltd, and to delete lands that have been rezoned through site-specific amendments;

That staff appear at the Ontario Municipal Board pre-hearing scheduled for July 19, 2006 to settle the appeals by the City of Toronto and 2 Tang’s Automotive Centre Ltd based on the revisions to the Secondary Plan and implementing zoning by-law recommended in this report;

That the Region of York, as the approval authority for the Secondary Plan, be advised of Council’s decision.

Moved by Councillor A. Chiu

Seconded by Councillor J. Webster

That the Report of the Committee of the Whole be adopted, approved and confirmed.

CARRIED

3. MINUTES

(1) COUNCIL MINUTES - JUNE 13, 2006

Moved by Councillor A. Chiu

Seconded by Councillor D. Horchik

That the Minutes of the Council Meeting held on June 13, 2006, be adopted.

CARRIED

4. PRESENTATIONS

(1) CANADIAN SPORT INSTITUTE ONTARIO (6.0)

Chris Rudge, CEO and Secretary General of the Canadian Olympic Committee, addressed Council regarding the proposal submitted by the Canadian Sport Institute of Ontario for the establishment of the Canadian Sport Institute of Ontario (CSIO) in Markham and urged Council to support the initiative.

Marnie McBean, Olympic Rower and Director of Corporate and Olympic Programs for the Canadian Olympic Committee, addressed Council regarding the proposal submitted by the Canadian Sport Institute of Ontario for the establishment of the Canadian Sport Institute of Ontario (CSIO) in Markham and urged Council to support the initiative.

Ms. Debbie Low, President and C.E.O., Canadian Sport Centre Ontario, provided Council with a slide presentation regarding the Centre’s proposal for the establishment of the Canadian Sport Institute of Ontario (CSIO), a multi-sport training and competition facility, in Markham Centre.

Roger Buxto, Markham Speed Skating Club, addressed Council regarding the proposal submitted by the Canadian Sport Institute of Ontario for the establishment of the Canadian Sport Institute of Ontario (CSIO) in Markham and urged Council to support the initiative.

(Committee of the Whole Motion 2)

5. DELEGATIONS

Council consented to add Delegations (2) to (11).

(1) Mike Everard, Principal, Augusta National Inc., addressed Council regarding servicing allocation, on behalf of Mr. Murphy Hall, President, Lonsmount Construction Limited, and spoke in opposition to the staff recommendation.
(5.5) (Clause 8, Report No. 28)

(2) Lyn Townsend, addressed Council regarding servicing allocation, on behalf of Aryeh Construction, and spoke in opposition to the staff recommendation.
(5.5) (Clause 8, Report No. 28)

(3) Barry Horosko, Bratty & Partners, addressed Council regarding servicing allocation, on behalf of Liberty Developments Corporation, and spoke in support of the staff recommendation.
(5.5) (Clause 8, Report No. 28)

(4) Andrew Madden, Trustee for the Markham Centre Landowner’s Group Inc. addressed Council regarding servicing allocation, and spoke in support of the staff recommendation.
(5.5) (Clause 8, Report No. 28)

(5) Michael Montgomery, Angus Glen Development Ltd., addressed Council regarding servicing allocation, on behalf of Patrick O’Hanlon, and spoke in support of the staff recommendation.
(5.5) (Clause 8, Report No. 28)

(6) Don Hutchison addressed Council regarding extended driveways and spoke in support of the staff recommendation.
(10.5) (Clause 1, Report No. 26)

(7) Gerald Devins addressed Council regarding extended driveways and spoke in opposition to the staff recommendation.
(10.5) (Clause 1, Report No. 26)

(8) Allan Garber addressed Council regarding extended driveways and spoke in opposition to the staff recommendation.
(10.5) (Clause 1, Report No. 26)

(9) John Bacher addressed Council regarding extended driveways and spoke in opposition to the staff recommendation.
(10.5) (Clause 1, Report No. 26)

(10) Sonny Goldstein addressed Council regarding extended driveways and spoke in opposition to the staff recommendation.
(10.5) (Clause 1, Report No. 26)

(11) David Tsubouchi, Fraser, Milner Casgrain, addressed Council regarding servicing allocation, on behalf of Times Development, and spoke in opposition to the staff recommendation.
(5.5) (Clause 8, Report No. 28)

6(a) REPORT NO. 26 - DEVELOPMENT SERVICES COMMITTEE

Moved by Councillor G. McKelvey

Seconded by Councillor S. Daurio

That Report No. 26 - Development Services Committee (June 19, 2006) be received and adopted.

CARRIED

(1)        EXTENDED DRIVEWAYS:
            FRONT AND EXTERIOR YARD PARKING
            IN RESIDENTIAL AREAS (ZA 04 025944) (10.5)

Report Atts Revised By-law FinalBylaw

Jim Baird, Commissioner, Development Services, provided a brief overview of the issue. D. Miller, Senior Planner, provided a brief slide presentation concerning parking in residential areas.

That the Development Services and Corporate Services report entitled “Markham Extended Driveways Working Group”, dated June 27, 2006, be received;

And that the Working Group be recognized and thanked for their report and recommendations that reflect public input received;

And that the revised draft by-law, be approved and enacted;

And that Council confirms, pursuant to Section 34 (17) of The Planning Act, that no further notice is required prior to the adoption of the by-law;

And that Council endorses the following actions to be undertaken by the Town in relation to by-law implementation, administration and enforcement practices:

· Accept the principle of the Working Group for an amnesty on enforcement of the new standards on existing driveways, except for the worst offenders and implement a grace period for worst offenders to be brought into compliance;

· Begin immediate enforcement of the new standards on new or modified construction;

· Report to Council in September 2006 recommending the licensing of all contractors who provide paving/interlocking services in the Town of Markham;

· Prepare a communications/education plan to be implemented on January 1, 2007;

· Concentrate on education and communications in 2007

· Report on a program of incentives to be offered to encourage voluntary compliance with the regulations, in existing built up areas to be presented to Council at the end of 2006

· Begin seeking conformity of the worst offenders, through incentives in June 2007;

· To revise the standard form of Subdivision Agreement to require all developers and/or builders to be responsible for the hard surfacing of the driveways.

And that the financial expenditures necessary for enforcement, included in the financial template, be approved.

(Communication No. 72-2006) (By-law 2006-96)

CARRIED

(See following recorded votes)

(See following motion to defer which was lost)

Council consented to division of the question for voting purposes.

That Council accept the principle of the Working Group for an amnesty on enforcement of the new standards on existing driveways, except for the worst offenders and implement a grace period for worst offenders to be brought into compliance;

That staff report on a program of incentives to be offered to encourage voluntary compliance with the regulations, in existing built up areas to be presented to Council at the end of 2006; and

That the Town begin seeking conformity of the worst offenders, through incentives in June 2007;

CARRIED (8:5)

(See following recorded vote)

YEAS: Mayor D. Cousens, Regional Councillor B. O'Donnell, Councillor S. Daurio, Councillor J. Virgilio, Councillor G. McKelvey, Councillor J. Webster, Councillor D. Horchik, Councillor A. Chiu. (8)

NAYS: Deputy Mayor F. Scarpitti, Regional Councillor J. Heath, Regional Councillor J. Jones, Councillor E. Shapero, Councillor K. Usman. (5)

That the Town begin immediate enforcement of the new standards on new or modified construction;

CARRIED (12:1)

(See following recorded vote)

YEAS: Mayor D. Cousens, Deputy Mayor F. Scarpitti, Regional Councillor J. Heath, Regional Councillor J. Jones, Regional Councillor B. O'Donnell, Councillor S. Daurio, Councillor J. Virgilio, Councillor G. McKelvey, Councillor J. Webster, Councillor D. Horchik, Councillor K. Usman, Councillor A. Chiu. (12)

NAYS: Councillor E. Shapero. (1)

That staff report to Council in September 2006 recommending the licensing of all contractors who provide paving/interlocking services in the Town of Markham;

CARRIED UNANIMOUSLY (13)

(See following recorded vote)

That the financial expenditures necessary for enforcement, included in the financial template, be approved.

CARRIED (8:5)

(See following recorded vote)

YEAS: Mayor D. Cousens, Regional Councillor B. O'Donnell, Councillor S. Daurio, Councillor J. Virgilio, Councillor G. McKelvey, Councillor J. Webster, Councillor D. Horchik, Councillor A. Chiu. (8)

NAYS: Deputy Mayor F. Scarpitti, Regional Councillor J. Heath, Regional Councillor J. Jones, Councillor E. Shapero, Councillor K. Usman. (5)

That the revised draft By-law, be approved and enacted.

CARRIED (8:5)

(See following recorded vote)

YEAS: Mayor D. Cousens, Regional Councillor B. O'Donnell, Councillor S. Daurio, Councillor J. Virgilio, Councillor G. McKelvey, Councillor J. Webster, Councillor D. Horchik, Councillor A. Chiu. (8)

NAYS: Deputy Mayor F. Scarpitti, Regional Councillor J. Heath, Regional Councillor J. Jones, Councillor E. Shapero, Councillor K. Usman. (5)

Moved by Councillor E. Shapero

Seconded by Councillor K. Usman

That Council defer consideration of this matter until the Fall in order to allow additional public consultation to occur.

LOST (5:8)

(See following recorded vote)

YEAS: Deputy Mayor F. Scarpitti, Regional Councillor J. Heath, Regional Councillor J. Jones, Councillor E. Shapero, Councillor K. Usman. (5)

NAYS: Mayor D. Cousens, Regional Councillor B. O'Donnell, Councillor S. Daurio, Councillor J. Virgilio, Councillor G. McKelvey, Councillor J. Webster, Councillor D. Horchik, Councillor A. Chiu. (8)

6(b) REPORT NO. 27 - GENERAL COMMITTEE

Moved by Regional Councillor B. O’Donnell

Seconded by Councillor G. McKelvey

That Report No. 27 - General Committee (June 19, 2006) be received and adopted except Clauses (1), (2), (4), (11), (12), (14), and (19).

CARRIED

(1) YORK/DURHAM WASTE EA STUDY COMMENTS ON
CONSULTANTS DRAFT REPORT (13.4 & 5.1)

Report Attachments Presentation

Moved by Regional Councillor B. O’Donnell

Seconded by Councillor G. McKelvey

That the presentation by Mr. Andrew Campbell, Director of Solid Waste Management, Region of York, with respect to the York/Durham Waste Environmental Assessment be received;

And that the update provided by Ms. Janine Ralph of Mac Viro Consultants Inc. regarding the environmental assessments being conducted in Niagara/Hamilton and the City of Toronto be received;

And whereas the Regions of York and Durham have released, for comment, a Waste EA Study – Comments on Consultant’s Draft Report on Preferred Incineration Options which assess four waste management systems to manage the Regions waste, which are;

System #1: Mechanical and Biological Treatment with Biogas Recovery and Land filling of Stabilized Materials (recyclables and organics removed from residue- landfill inert residue - Halifax system);

System #2a: Thermal Treatment of Mixed Waste with Recovery of Materials from the Ash (incineration of all incoming waste with metal recovery from the ashes, - landfill of ash; energy recovery from waste);

System #2b: Thermal Treatment of Alternative Fuel (recyclables removed from incoming waste then incineration; landfill of ash; energy recovery from waste);

System #2c: Thermal Treatment of Alternative Fuel with Biogas Recovery (recyclables and organics removed from incoming waste then incineration; landfill of ash, energy recovery from waste);

And whereas at the May 30, 2006 meeting of the Joint EA Waste Management Group Option #2a was chosen as the preferred option with Option #2b included only as part of the future RFP process,

Therefore be it resolved that the Report York/Durham Waste EA Study – Comments on Consultant’s Draft Report on Preferred Incineration Options which assess four waste management systems to manage the Regions waste be received;

And that Council receive staff’s May 19, 2006 comments on the York/Durham Waste EA Study – Comments on Consultant’s Draft Report on Preferred Incineration Options, supporting Option #1 as the system that provides maximum diversion of non renewable resources and has design flexibility to accommodate future increased diversion and reduced feedstock, and indicating that the maximum diversion of recyclables and non renewable resources out of the residue stream must be the paramount criteria for choosing a preferred long term waste management system;

And that the Region be requested that Option #2b be given equal consideration and opportunity for public comment as the preferred Option #2a;

And that if Option #2a is pursued, the Region ensure the diversion is sustainable, i.e. each municipality take responsibility for achieving a diversion rate of 75%;

And that the Region be requested to increase public consultation and communication with the public and interested groups prior to the site selection process;

And that a copy of this Report be forwarded to the Region of York, Durham Region, each of the Area Municipalities in the Regions of York and Durham, and the Ministry of the Environment Environmental Assessment and Approvals Branch.

CARRIED (11:2)

(See following recorded vote

(See following motion which lost)

YEAS: Mayor D. Cousens, Regional Councillor J. Heath, Regional Councillor J. Jones, Regional Councillor B. O'Donnell, Councillor S. Daurio, Councillor J. Virgilio, Councillor G. McKelvey, Councillor J. Webster, Councillor D. Horchik, Councillor K. Usman, Councillor A. Chiu. (11)

NAYS: Deputy Mayor F. Scarpitti, Councillor E. Shapero. (2)

Moved by Councillor E. Shapero

Seconded by Regional Councillor J. Heath

That staff and Council hold a public consultation process over the summer on the draft diversion strategy and report back by the end of September, 2006.

LOST

(2) DOG OFF-LEASH REPORT (3.0 & 3.3 & 2.8)

Report Attachment Extract

Moved by Councillor G. McKelvey

Seconded by Councillor J. Webster

That the staff report dated January 9, 2006, entitled ‘Dog Off-Leash Report’, be received;

And that Council approve the “Town of Markham Parks Department Guidelines for Permanent Dog Off-Leash Areas” attached as Appendix “A” which were endorsed by the Community Issues Committee on August 15, 2005;

And that Council approve a Volunteer Dog Off-Leash Program permitting volunteer associations to install, operate and maintain Dog Off-Leash Areas on Town owned lands subject to the conditions and criteria outlined in the “Town of Markham Parks Department Guidelines for Permanent Dog Off-Leash Areas” (Appendix “A”);

And that the Clerks Department be authorized to advertise for volunteers to form an umbrella group referred to as the Leash Free Markham Committee, who shall organize and represent all local Dog Off-Leash Groups.

And that upon formation of the Leash Free Markham Committee, the Leash Free Markham Committee will review all requests for new Dog Off-Leash Areas on Town owned land;

And that proposed Dog Off-Leash Areas shall be brought forward by the Leash Free Markham Committee for review and consideration by Town Staff once all of the criteria set out in Appendix “A” has been met;

And that a Public Information Meeting be held relating to each proposed Dog Off-Leash Area prior to Council approval;

And that each Dog Off-Leash Area recommended by staff and the Leash Free Markham Committee be presented to Council for final approval;

And that for each Dog Off-Leash Area that is approved the Leash Free Markham Committee and the applicable Dog Off Leash Group be required to enter into the appropriate agreement(s) with the Town to the satisfaction of the Town Solicitor and that the Mayor and Clerk be authorized to execute such agreements on behalf of the Town;

And that Dog Off –Leash Areas in new parks be considered as they are brought forward through the Development Services Commission’s public consultation process for new parks subject to the same guidelines and approval process as other Town lands through the Leash Free Markham Committee process;

And that the ORC/HYDRO Corridor Lands located at Highway 48 and 14^th Avenue not be considered as a possible location for a Dog Off-Leash Area at this time;

And that no further consideration be given to leasing land for a major Dog Off-Leash Area outside the urban area at this time;

And that Town of Markham By-law 167-92, being a By-law for the General Maintenance and Regulation of Parks within the Town, be amended to allow dogs to be off-leash in approved off-leash areas in Town parks;

And that the Leash Free Markham Committee be responsible for all costs related to the implementation of all Off-Leash Areas including fencing, parking, water, washrooms, furniture and any other amenities proposed and funded by the Committee or groups and approved by the Town.

And further that a capital account be established in the amount of $39,000 with funding provided from the surplus in the 2002 Parks Department Capital Project – Sportsfield Maintenance & Reconstruction (account #059-5350-4800-005) for the upfront funding required for Dog Off-Leash Areas to be repaid by the Leash Free Markham Committee over a maximum of a 5 year period and the need for additional funding be reviewed annually as part of the budget process.

CARRIED AS AMENDED

(See following motion to amend)

Moved by Councillor J. Webster

Seconded by Councillor G. McKelvey

That Clause (2) be amended to delete the words "…by the Ward Councillor…" in paragraph 7.

CARRIED

(3) YMCA FUNDING AND PROGRAMMING UPDATE (7.6)

Report Attachments

That the report entitled “YMCA Funding and Programming Update” be received;

AND THAT Council authorize the CAO to finalize the negotiations on the Town’s one-third contribution toward the cost of the YMCA facility in Markham Centre, to a maximum of $7,500,000 contingent upon final construction cost and fundraising contributions;

AND THAT the Town’s maximum contribution be comprised of the following:

Land (4 acres)	$2,000,000
Present Value of Land Lease (2 acres)	$ 800,000
Building (1/3 of 60,000 sq ft @ $225/sq ft)	$4,500,000
Excess Fundraising (per agreement)	$ 200,000
Total	$7,500,000

AND THAT the previously authorized development charge exemption and waiving of fees not be provided;

AND THAT the recommendations of this report be conditional on the YMCA agreeing to amend the Community Access Agreement to provide ten additional hours of rental access to the pool for private swim clubs within Markham, to the satisfaction of the CAO and the Commissioner of Community and Fire Services.

(4) TENDER 086-T-06 2006 RELINING OF CAST IRON
AND DUCTILE WATERMAINS (7.12.1)

Moved by Regional Councillor B. O’Donnell

Seconded by Councillor G. McKelvey

That the report entitled “Tender 086-T-06, 2006 Relining of Cast Iron & Ductile Iron Watermains” be received;

And that Tender 086-T-06 for “2006 Relining of Cast Iron & Ductile Iron Watermains” be awarded to the lowest priced bidder, Spiniello Companies in the total amount of $989,215.00 exclusive of GST;

And that a separate blanket purchase order be issued for contingency in the amount of $100,000 exclusive of GST, the use of which will be governed by the Expenditure Control Policy;

And that the award be funded from Waterworks 2006 Capital Account 53-6150-7224-005 (Cement Relining of Iron Watermains) in the amount of $1,342,500.00;

And further that upon completion of the project the remaining funds be returned to the original funding source.

CARRIED

(5)        RFP EXTENSION – 032-R-05, WASTEWATER COLLECTION
            SYSTEM REHABILITATION AND MAINTENANCE ON
            VARIOUS STREETS (7.12.1 & 5.3)

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

And that the Contract for “Wastewater Collection System Rehabilitation and Maintenance on Various Streets” be extended for 1 year from June 2006 to June 2007 to the lowest priced bidder, LiquiForce Services (Ontario) Inc. in the amount of $1,262,500 exclusive of GST;

And that a separate blanket purchase order be issued for contingency in the amount of $70,000 exclusive of GST, the use of which will be governed by the Expenditure Control Policy;

And that the award be funded from 2006 Waterworks Capital Account, 53-6150-7241-005, Sewer System Upgrade in the amount of $1,332,500.00.

(6) AWARD OF TENDER #083-T-06
TOWN OF MARKHAM STREET LIGHTING (7.12.1)

Report Attachments

That the report entitled “Award of Tender #083-T-06 Town of Markham Street Lighting”, be received;

And that the contract for tender #083-T-06 for the Town of Markham Street Lighting be awarded to the lowest price qualified bidder, Fellmore Electrical Contractors Ltd. in the amount of $1,085,236.72 exclusive of GST;

And that a contingency amount of $111,200 exclusive of GST be established to cover any additional consulting and 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 a monthly statement of these expenditures to the Town Treasurer;

And that the award be funded from the previously approved Engineering Capital accounts 083 6150 6751 005 (2005 Capital budget) in the amount of $993,600 and 083 6150 7276 005 (2006 Capital Budget) in the amount of $1,191,400 for a total funding of $2,185,000;

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

(7)        AWARD OF TENDER #092-T-06 – CONSTRUCTION OF
            WISMER NEIGHBOURHOOD PARK (ON RALPH
            CHALMERS AVENUE) (7.12.3)

That the report entitled “Award of Tender #092-T-06, Construction of Wismer Neighbourhood Park (on Ralph Chalmers Avenue)” be received;

And that the contract for tender #092-T-06 for the construction of Wismer Neighbourhood Park (on Ralph Chalmers Avenue) be awarded to the lowest price qualified bidder, Rutherford Contracting in the base bid amount of $365,089.32 plus provisional item 10.0, Stone Post Columns, in the amount of $8,246.23 for a total award amount of $373,335.55 exclusive of GST;

And that a consultant and construction contingency amount of $50,000.00 exclusive of GST be established to cover any additional consulting services and/or sub-consulting fees and to cover any additional construction costs including authorized contingencies and approved change orders, and that the Manager of Parks and Open Space Development be authorized to approve expenditure of this contingency amount up to the specified limit in accordance with the Expenditure Control Policy;

And that this project be funded from Planning and Urban Design’s 2005 Capital Budget account #81-5350-6654-005, Wismer Neighbourhood Park 3;

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

(8) APPOINTMENT OF EXTERNAL AUDITORS
2006 YEAR END (7.2)

Reports Attachments

That the tendering process be waived in accordance with Purchasing By-Law 2004-341, Part II, Section 7 (1) which states “when the extension of an existing contract would prove more cost-effective or beneficial”;

And that KPMG LLP be appointed as the external auditors for the Town of Markham’s December 31, 2006 Year End Audit;

And that Council request that Markham Enterprises Corporation and Markham District Energy Inc. award their 2006 audit services to KPMG;

And that Council request the Varley-McKay Art Foundation of Markham award their 2006 audit services to KPMG;

And that the increase in audit fees be included in the Town of Markham 2007 Operating Budget;

And that staff be directed to initiate an RFP process in 2007 to award a five year contract for audit services.

(9) AWARD OF QUOTATION #087-Q-06, CONSULTING SERVICE
FOR AN ECONOMIC BASE ANALYSIS (10.16 & 7.12)

That the report entitled “Award of Quotation 087-Q-06, Consulting Service for an Economic Base Analysis” be received;

And that Quotation 087-Q-06, Consulting Service for an Economic Base Analysis be awarded to the highest ranked and second lowest priced bidder, Urban Metrics Inc. in the amount of $46,300 inclusive of disbursement and exclusive of GST;

And that the award be funded from Economic Development Department’s 2005 Capital Budget Account #086 5399 6776 005 Markham Competitiveness Strategy.

(10) NATIONAL QUALITY INSTITUTE (NQI) (12.2.6)

Report Letter Information

That the report “National Quality Institute (NQI) Excellence Journey Update” be received and pursuit of the Quality and Healthy Workplace integrated PEP (Progressive Excellence Program) leading to certification at level II be endorsed as a corporate and council priority.

CARRIED

(11) PURCHASE OF SPONSORSHIPS – FUTURE POSSIBILITIES
JUNE 27, 2006 (12.2.6)

Moved by Councillor G. McKelvey

Seconded by Councillor J. Webster

That Council sponsor Future Possibilities Centre Stage 2006 performance on Tuesday, June 27, 2006 in the amount of $2500. The cost to be charged to account 840 8415840.

CARRIED AS AMENDED

(See following motion to amend)

Moved by Councillor G. McKelvey

Seconded by Councillor J. Webster

That Clause (11) be amended to adjust the amount from "$2000" to "$2500".

CARRIED

(12) FEE BY-LAW AMENDMENTS FOR GST REDUCTION (2.0 & 7.0)

Report By-law

Moved by Regional Councillor B. O’Donnell

Seconded by Councillor G. McKelvey

That fees included in By-Law 2002-276 “Fee By-Law” that include GST (Goods and Services Tax) be adjusted by removing the GST and rounding to the nearest dollar;

And that all references to “Plus 7% GST” in By-Law 2002-276 be amended to read “Plus applicable GST”;

And that staff be directed to make all minor amendments required to bring By-Law 2002-276 into compliance with the reduced GST and bring the amended By-Law to the June 27, 2006 Council Meeting.

(By-law 2006-200)

CARRIED

(13) AWARDS – RECOGNITION, DISPLAY
AND RETENTION (2.0 & 12.2.6)

Report May 15 Attachment General Ctte Extract Council Extract

That awards presented to the Town of Markham be recognized at the Council level and recorded in the minutes;

And that recognition be placed on the Town of Markham’s website and a record of the award and date be logged;

And that the award be displayed either in the involved Commission, or in the Great Hall showcase, or along the entrance wall into the Council Chamber, to be subsequently removed to another location after an appropriate period of time;

And that the awards be retained for five years with eventual placement, either at the Markham Museum or the offsite archival storage, of those awards with archival value with the balance being disposed of after five years;

And that By-Law No. 2001-101, “A By-Law Establishing Schedules of Retention Periods for all Records Kept by the Town of Markham” be amended to reflect the retention period and eventual disposal of Town of Markham Awards.

(By-law 2006-201)

(14) ELECTION SIGN REPORT (14.0 & 2.16)

Moved by Regional Councillor B. O’Donnell

Seconded by Councillor G. McKelvey

That the samples of election signs, presented by the Manager of Enforcement and Licensing, be received;

And that the proposed by-law be enacted to amend By-law 2002-94 “Sign By-law” to provide appropriate revisions to effect the changes outlined in Schedule A – Identified Issues & Amendment Solution Table be amended as follows and as amended, it be enacted:

- Election sign removal period be extended to seven (7) days following Election Day;

- The definition of “campaign headquarters” specify a “building”;

And that coloured copies of the Town of Markham map which clearly designates the streets that allow election signage be forwarded to Members of Council for their information.

(By-law 2006-202)

CARRIED

(15) THE MERITS OF BONDS AND OTHER
FORMS OF SECURITY (7.0 & 7.12)

That the report entitled “The Merits of Bonds and Other Forms of Security” be received for information;

And that Council resolve to continue to require contractors hired by the Town of Markham to complete projects to produce performance and labour and material bonds as a condition precedent to entering into the contract with the Town.

(16) MCINTOSH DRIVE PARKING PROHIBITION (5.12.4)

Report Attachment A B

That Parking By-law 2005-188, Schedule “C”, entitled “Prohibited Parking” be amended by adding both sides of McIntosh Drive, between Woodbine Avenue and Apple Creek Boulevard;

And that Parking By-law 2005-188, Schedule “C”, entitled “Prohibited Parking” be amended by deleting the south side of McIntosh Drive, between Woodbine Avenue to a point 135 metres east of Woodbine Avenue;

And that Parking By-law 2005-188, Schedule “C”, entitled “Prohibited Parking” be amended by deleting the north side of McIntosh Drive, between the west limit of Lot #1, Plan 65M-2132 and 45 metres west along the Cul-de-sac street;

And that the Operations Department be directed to install and maintain the appropriate signs upon approval of the attached by-law;

And that the Parking Control Department be directed to enforce the parking restrictions upon installation of the signs.

(By-law 2006-203)

(17) SOUTH TOWN CENTRE BOULEVARD
PARKING PROHIBITION (5.12.4)

Report Attachment A B

That the Parking By-law 2005-188, Schedule “C”, entitled “Prohibited Parking” be amended by adding both sides of South Town Centre Boulevard, in its entirety;

And that the Operations Department be directed to install and maintain the appropriate signs upon approval of the attached by-law;

And that the Parking Control Department be directed to enforce the parking restrictions upon installation of the signs.

(By-law 2006-204)

(18) CHIMENTI COURT AND BUCHANAN DRIVE
PARKING PROHIBITION (5.12.4)

Report Attachment A B

THAT parking by-law 2005-188, Schedule “C”, entitled “Prohibited Parking” be amended by adding the west side of Chimenti Court

AND THAT parking by-law 2005-188, Schedule “C”, entitled “Prohibited Parking” be amended by adding the north side of Buchanan Drive, between the east property line of 127 Buchanan Drive and Chimenti Court;

AND THAT the Operations Department be directed to install and maintain the appropriate signs upon approval of the attached by-law;

AND THAT the Parking Control Department be directed to enforce the parking restrictions upon installation of the signs.

(By-law 2006-205)

(19) HIGHWAY 7 AND NINTH LINE RECONSTRUCTION
PROGRAM UPDATE (5.10)

Moved by Regional Councillor B. O’Donnell

Seconded by Councillor G. McKelvey

That the engineering report entitled “Hwy 7 and 9^th Line Reconstruction” dated June 19, 2006 be received;

And that the Region of York be requested to defer the reconstruction and widening of the section of Hwy 7 from approximately Village Parkway to Sciberras Road from 2007/2008 to a mutually agreed upon schedule;

And that the Region of York be requested to defer reconstruction and widening of the 9^th Line from Hwy 407 to approximately Roseway Drive from 2006/2007 to 2007/2008;

And that the Town and the Region of York work expeditiously to address outstanding access, servicing and infrastructure financing matters (as applicable), in consultation with area landowners, in order to allow the required Hwy 7 and 9^th Line Reconstruction projects to proceed as soon as possible;

And that the Region of York be requested to implement on-street dedicated bike lanes on Highway 7 as part of the design and construction for the widening of Highway 7 from Montgomery Court to Sciberras Road at their cost.

And that Bruce MacGregor, Commissioner of Transportation and Works, Region of York, be advised accordingly;

And that staff be directed to request the Region of York to provide an interim right turn lane for south-bound traffic at Highway #7.

CARRIED

6(c) REPORT NO. 28 - DEVELOPMENT SERVICES COMMITTEE

Moved by Councillor G. McKelvey

Seconded by Councillor D. Horchik

Report No. 28 - Development Services Committee (June 20, 2006) be received and adopted, except Items 2, 8, 10, 11, 12, and 13.

CARRIED

(1) MAIN STREET MARKHAM COMMITTEE MINUTES
MAY 17, 2006, ITEM # 4 (f):
PROMOTION OF MAIN STREET SUB-COMMITTEE (16.39)

That the recommendation of the Main Street Markham Committee on May 17, 2006, for a grant in the amount of $600 toward the rental cost of a double-decker bus to transport participants to various events during the “Doors Open Markham” on August 26-27, 2006, be endorsed.

(2)        AVANT INVESTMENTS INC. (ELLINGTON PARK
            CONDOMINIUM), 3856, 3864 AND 3872 HIGHWAY 7
            DEEMING BY-LAW (DY 06 114694) (10.5)

Moved by Councillor A. Chiu

Seconded by Regional Councillor J. Heath

That Council enact a By-law to deem Lots 4 and 5, Registered Plan 4295, 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.

(By-law 2006-206)

CARRIED

(Councillors J. Virgilio and K. Usman abstained)

(3)        EXTREME FITNESS (2044922 ONTARIO LTD.)
            8275 – 8281 YONGE STREET, LOTS 5, 6 AND 7
            AND PART OF LANE, REGISTERED PLAN 4184
            PROPOSED DEEMING BY-LAW (DY 06 114694) (10.5)

That Council enact a By-law to deem Lots 5, 6 and 7 and part of Lane, Registered Plan 4184, 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.

(By-law 2006-207)

(4)        CEDARDALE CASTLEMORE INC.
            9809 HIGHWAY 48, NORTH OF 16TH AVENUE
            ZONING BY-LAW AMENDMENT, DEEMING BY-LAW
            AND SITE PLAN APPROVAL TO PERMIT A SINGLE
            TENANT RETAIL BUILDING FOR THE BRICK
            (ZA 05 006325, ZA 06 106209, SC 05 027464) (10.5, 10.6)

That the report dated June 20, 2006, entitled “Applications by Cedardale Castlemore Inc.

9809 Highway 48 (east side, north of 16^th Avenue) Applications for Zoning By-law Amendment, Deeming By-law and Site Plan Approval to permit a single tenant retail building for The Brick” be received;

And that the Zoning application (ZA 05 006325) be approved and the implementing By-law be enacted;

And that the Deeming By-law application (ZA 06 106209) be approved and the Deeming By-law be enacted;

And that the Site Plan application (SC 05 027464) submitted by Cedardale Castlemore Inc., to permit a 4,413 m² (47,500 ft²) retail development, be endorsed in principle, subject to the conditions attached as Appendix ‘A’;

And that site plan approval be delegated to the Director of Planning and 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.

(By-laws 2006-208 to 2006-210)

(5) HERITAGE EASEMENT AGREEMENTS
FOR TAX REBATE PROGRAM FOR HERITAGE PROPERTIES (16.11, 7.3)

That the Mayor and Clerk be authorized to execute Heritage Easement Agreements with property owners for the properties identified on Schedule “A” attached to the report dated June 20th, 2006, and any other documents required to give effect thereto, in a form satisfactory to the Town Solicitor.

(By-law 2006-211)

(6) VARIANCE TO THE FENCE BY-LAW 277-97
58 JOHNSON STREET (2.19)

That the report entitled, “Request for Variance to the Fence By-Law 277-97, as amended for 58 Johnson Street” dated June 20, 2006 be received;

And that the request to grant relief from the provisions of the Fence By-Law 277-97, as amended to permit a 1.8m (6ft.) high decorative iron fence in a front and exterior flankage yard, whereas a 1.2m (4ft.) is the maximum permitted fence height, be approved, subject to the following conditions:

Site plan and final fence design detail being to the satisfaction of the Director of Planning and Urban Design
Owners repair the damage that was caused from the original fence installation
Owners ensure that gates are closed around the pool area for safety
Owners ensure that mature maple trees are not damaged from front yard fence installation.

(7) BOX GROVE ARTERIAL ROAD STREET NAMES (5.10 & 10.14)

Memo Appendices

That correspondence regarding Box Grove Arterial Road Street Names (Ninth Line) be received from: Stan Buell, Reit and Hein van der Schoot, Murray Cresswell, Paul J. Connelly, and Shirley and Roger Heath;

And that the deputations by Rob Watt and Dan McCombe in opposition to changing the name of the Ninth Line, be received;

And that the memorandum to the Mayor and Members of Council regarding “Street naming options in and around Box Grove” dated June 20, 2006, be received;

And that the recommendations in the staff report entitled “Consideration of the appropriate name for the existing 9th Line in the Box Grove Community”, dated April 18, 2006, be approved as amended this day;

And that the Region of York be requested to transfer to the Town of Markham the portion of the existing 9^th Line, north and south of 14^th Avenue, which will be by-passed by the re-aligned 9^th Line when the re-alignment becomes operational;

And that the re-aligned 9^th Line be named “Box Grove Bypass”;

And that the Clerk be authorized to provide notice in accordance with notice By-law 2002-275, prior to Council considering the street name change.

CARRIED

(8) SERVICING ALLOCATION (5.5)

Report Appendices

Moved By Councillor G. McKelvey

Seconded by Councillor K. Usman

That the deputations by Patrick O’Hanlon and Michael Montgomery (Angus Glen), Andrew Jeanrie (Times Group Corporation), Andrew Madden (Trustee of the Markham Centre Developers Group), Barry Horosko (Liberty Development Corp.), Stephen Upton (Tridel), Mike Everard (Augusta National Inc. on behalf of Murphy Hall, President, Lonsmount Construction Limited), Lynda Townsend Renaud (on behalf of Aryeh Construction), and David Tsubouchi (Fraser Milner Casgrain, on behalf of Times Group Corporation), regarding servicing allocation be received;

And that the June 20, 2006 report entitled “Servicing Allocation” be received;

And that Markham Council allocate servicing capacity as noted in Table 5 of this report, as amended by the addition of up-fronting construction of Clegg Road as a condition of the Markham Centre Allocation;

And that the amendment to Delegation By-law 2002-202, be enacted;

And that the written submissions regarding servicing allocation, included in Appendix ‘C’, be received;

And further that Staff report back to Development Services Committee regarding recommended policies and determination of trigger points (timing) for releasing additional draft plan and site plan approval for residential developments without servicing allocation, in relation to completion of construction of the SE collector trunk sewer and the expansion of the Duffins Creek Treatment Plant.

(By-law 2006-212)

CARRIED AS AMENDED (8:5)

(See following recorded vote

(See following motion to amend)

YEAS: Mayor D. Cousens, Regional Councillor J. Heath, Regional Councillor B. O'Donnell, Councillor S. Daurio, Councillor G. McKelvey, Councillor J. Webster, Councillor D. Horchik, Councillor A. Chiu. (8)

NAYS: Deputy Mayor F. Scarpitti, Regional Councillor J. Jones, Councillor E. Shapero, Councillor J. Virgilio, Councillor K. Usman. (5)

Moved by Deputy Mayor Scarpitti

Seconded by Regional Councillor J. Heath

That Clause (8) be amended to add the following delegations in paragraph 1:

- Michael Montgomery

- Mike Everard (Augusta National Inc. on behalf of Murphy Hall, President, Lonsmount Construction Limited)

- Lynda Townsend Renaud (on behalf of Aryeh Construction)

- David Tsubouchi (Fraser Milner Casgrain, on behalf of Times Group Corporation).

CARRIED

(9)        COSTCO WHOLESALE CANADA LTD. AND
            RIOTRIN PROPERTIES (KIRKHAM) INC.
            HIGHWAY 48 AND KIRKHAM DRIVE
            DRAFT PLAN OF SUBDIVISION (10.7)

That the Mayor and Clerk be authorized and directed to execute the M-Plan on behalf of the Town as owner of part of the lands included in the Costco Wholesale Canada Ltd. and Riotrin Properties (Kirkham) Inc. plan of subdivision;

And that the lands shown as Blocks 14 and 15 on Attachment A hereto be conveyed to the Town for nominal consideration;

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

(10)      KYLEMORE POST HOMES (DEACON PROPERTY)
            NORTH SIDE OF 16TH AVENUE, WEST OF KENNEDY ROAD
            OFFICIAL PLAN AND ZONING BY-LAW AMENDMENT
            AND DRAFT PLAN OF SUBDIVISION TO PERMIT 19 SINGLE
            DETACHED LOTS, 52 TOWNHOUSES AND A COMMERCIAL BLOCK
            (OP 03 119805, ZA 03 119739, SU 03 119812 (10.3, 10.5, 10.7)

Report Maps Appendices

Moved by Councillor A. Chiu

Seconded by Regional Councillor B. O’Donnell

That the draft plan of subdivision 19TM-030024, prepared by J.D. Barnes Limited, dated January 26, 2006, to permit 19 single detached lots, 52 townhouses and a commercial block, north side of 16^th Avenue, west of Kennedy Road, be approved subject to the conditions of draft plan approval as set out in Appendix ‘B’ to the staff report dated June 20, 2006;

And that the Official Plan Amendment application submitted by Kylemore Post Homes for the lands on the north side of 16^th Avenue, west of Kennedy Road, be approved and the draft Official Plan Amendment be finalized and adopted;

And that the application submitted by Kylemore Post Homes to amend Zoning By-laws 304-87 and 177-96, as amended, be approved, and the draft by-law be enacted;

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

And that Kylemore Post Homes Ltd. be granted a servicing allocation of 70 units, such allocation to be from the total allocation for the Angus Glen Community, in accordance with the February 15, 2005 and November 22, 2005, report on servicing allocation;

And that the Town reserves the right to revoke or reallocate the servicing allocation for this development;

And that the Region of York be advised of the servicing allocation for this development;

And that the applicant provide the Town with the required payment of 30% subdivision processing fees in accordance with the Town’s Fee By-law (By-law 2005-189);

And further that the draft plan approval for plan of subdivision 19TM-010024 will lapse after a period of three years commencing June 20, 2006, in the event that a subdivision agreement is not executed within that period.

(By-laws 2006-213 to 2006-215)

CARRIED

(11)      ANGUS GLEN FARM LTD. AND ANGUS GLEN GOLF
            CLUB LTD., ANGUS GLEN COMMUNITY – WEST VILLAGE
            SECONDARY PLAN AMENDMENT, ZONING BY-LAW
            AMENDMENT AND DRAFT PLAN OF SUBDIVISION
            (OP 03 112028, SU 03 109045, ZA 03 109048) (10.3, 10.5, 10.7)

Report Maps Appendices

Moved by Councillor A. Chiu

Seconded by Regional Councillor B. O’Donnell

That Phase 1 of draft plan of subdivision 19TM-030004, prepared by G.E. Hanson Designs, dated April 21, 2006, 2004, to permit 173 single detached lots, 57 townhouse units and 120 apartment units, on the south side of Major Mackenzie Drive, east of Glenbourne Drive, be approved subject to the conditions of draft plan approval as set out in Appendix ‘C’ to the staff report dated June 20, 2006;

And that the Director of Planning and Urban Design be directed to issue draft approval when the following requirements have been complied with:

· That the Owner shall enter into an agreement with the Town, applying specifically to the Phase 1 apartment block (Block 351, Plan 19TM-030004), which agreement shall be registered on title, committing the Owner not to enter into any agreements of purchase and sale with anyone, including other developers or builders, for the subject block, until the following conditions have been met:

The Owner obtains sufficient servicing capacity to the satisfaction of the Region of York and Town of Markham.
Site Plan approval has been issued.

And that the Secondary Plan Amendment application submitted by Angus Glen Farm Ltd. & Angus Glen Golf Club Ltd. for lands on the south side of Major Mackenzie Drive, east of Glenbourne Drive, be approved and the draft Secondary Plan Amendment be finalized subject to technical changes and amendments noted by staff at the Development Services Committee meeting on June 20, 2006, and adopted;

And that the application submitted by Angus Glen Farm Ltd. & Angus Glen Golf Club Ltd. to amend Zoning By-laws 177-76 and 304-87, as amended, be approved, and the draft by-law be finalized and enacted;

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

And that Angus Glen Farm Ltd. & Angus Glen Golf Club Ltd. be granted a servicing allocation of 230 units, in accordance with the February 15, 2005 and November 22, 2005, reports on servicing allocation;

And that the Town reserves the right to revoke or reallocate the servicing allocation for this development;

And that the Region of York be advised of the servicing allocation for this development;

And that the applicant provide the Town with the required payment of 30% subdivision processing fees in accordance with the Town’s Fee By-law (By-law 2005-357);

And further that the draft plan approval for plan of subdivision 19TM-030004 will lapse after a period of three years commencing the date of issuance of draft approval, in the event that a subdivision agreement is not executed within that period.

(By-laws 2006-216 to 2006-218)

CARRIED

(Councillor D. Horchik abstained)

(12)      WINTER GARDEN ESTATES INC. (19TM-030015 PHASE 2)
            AND HOME SPORT PROPERTIES LTD (19TM-040015),
            BOX GROVE PLANNING DISTRICT
            PLAN OF SUBDIVISION AND IMPLEMENTING ZONING
            AMENDMENT (SU 03 116579, ZA 03 116573, SU 04 028186, ZA 04 028190)
            (10.5, 10.7)

Report Maps Appendices

Moved by Councillor K. Usman

Seconded by Councillor J. Webster

That the staff report entitled “Winter Garden Estates Inc (19TM-030015, Phase 2) and Home Sport Properties Ltd (19TM-040015), Box Grove Planning District, Plan of subdivision and implementing zoning amendment applications” dated June 20, 2006, be received;

And that the two plans of subdivision and implementing zoning by-laws be approved as outlined below;

Winter Garden Estates Inc (19TM-030015 Phase 2)

That Phase 2 of draft plan of subdivision 19TM-030015 (SU. 03-116579) located east of 9^th Line, south of 14^th Avenue, submitted by Winter Garden Estates Inc, be draft approved subject to the conditions outlined in Appendix ‘A’;

And that zoning amendment application (ZA 03-116573) to amend By-law 304-87, 194-82 and By-law 177-96, for lands east of 9^th Line, south of 14^th Avenue, submitted by Winter Garden Estates Inc, be approved and the draft implementing zoning by-laws be finalized and enacted;

And that servicing allocation for 230 units be granted to Winter Garden Estates Inc (19TM-030015, Phase 2) in accordance with the November 22, 2005 report on servicing allocation;

And that the Region of York be advised of the servicing allocation for this development;

And that the Town reserves the right to revoke or reallocate servicing allocation, should the development not proceed in a timely manner;

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

And that the applicant provide to the Town the payment of all applicable fees, in accordance with the Town’s Fee By-law (2005-357);

And further that the draft plan of subdivision approval shall lapse after a period of three years commencing June 20, 2006, in the event that a subdivision agreement is not executed within that period.

Home Sport Properties Ltd (19TM-040015)

That draft plan of subdivision 19TM-040015 (SU-04-028186) located south of 6805 14^th Avenue, submitted by Home Sport Properties Ltd, be draft approved subject to the conditions outlined in Appendix ‘C’, including an additional condition to address the drainage concerns of the owners of 6805 14^th Avenue;

And that zoning amendment application (ZA 04-028190) to amend By-law 304-87 and By-law 177-96, for lands south of 6805 14^th Avenue, submitted by Home Sport Properties Ltd, be approved and the draft implementing zoning by-laws finalized and enacted;

And that servicing allocation for 49 units be granted to Home Sport Properties Ltd (19TM-040015) in accordance with the November 22, 2005 report on servicing allocation;

And that the Region of York be advised of the servicing allocation for this development;

And that the Town reserves the right to revoke or reallocate servicing allocation, should the development not proceed in a timely manner;

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

And that the applicant provide to the Town the payment of all applicable fees, in accordance with the Town’s Fee By-law (2005-357);

(By-laws 2006-219 to 2006-222)

CARRIED

(13)      RULAND PROPERTIES INC. (THE REMINGTON GROUP)
            EAST SIDE OF WARDEN AVENUE, NORTH OF HIGHWAY 407,
            SOUTH OF THE ROUGE RIVER AND WEST OF THE GO LINE
            MARKHAM CENTRE, REVISED PRECINCT PLAN AND
            DRAFT PLAN CONDITIONS (SU 01 113921) (10.7)

Report Maps Appendix A

Moved by Councillor D. Horchik

Seconded by Councillor A. Chiu

That the report dated June 20, 2006 entitled “Revised Precinct Plan and Draft Plan Conditions, Ruland Properties Inc. (The Remington Group)” be received;

And that the revisions to the Precinct Plan as they relate to the retail core be endorsed; and,

And that the amended draft plan of subdivision prepared by Bousfields Inc. (drawing no. X-0033-1-1dp, dated May 6, 2006), and revised conditions of draft plan approval attached as Appendix ‘A’, be approved.

CARRIED

7. MOTIONS

Council consented to add Motions (1).

(1) AMO CONFERENCE (11.12)

Moved by Councillor G. McKelvey

Seconded by Councillor J. Virgilio

That despite the existing policy respecting Councillor attendance at the Annual Association of Municipalities of Ontario (AMO) conference, any Members of Council wishing to attend the 2006 Conference in Ottawa from August 13-16, be permitted to do so.

CARRIED

(2/3 vote to consider was required and obtained)

8. NOTICE OF MOTIONS

(1) PESTICIDE BY-LAW (5.7)

Moved by Deputy Mayor Scarpitti

Whereas Council, on June 28, 2005 resolved that a Town Hall meeting be convened at the earliest possible date incorporating a facilitator and an expert panel to be comprised of four persons to outline the pros and cons of implementing a Toronto style Pesticide By-law and other options from other municipalities and directed staff to report back on the findings of the public consultation and on the steps necessary to implement a Pesticide By-law;

And Whereas Council, on October 11, 2005, resolved that the matter of a public meeting on pesticides be deferred pending a staff report following receipt of the Town’s Consultant report on the impact of reduced pesticide use on Town-owned parks;

And Whereas Council, on February 16, 2006 received the findings from Phase 1 of the

Turf Assessment Review and directed that staff proceed with the hiring of a Consultant to

undertake Phase 2 of the review and present the findings in a report to the General

Committee;

And Whereas the General Committee, on June 19, 2006, received the Phase 2 findings;

Now Therefore Be It Resolved, that pursuant to Council’s resolutions of June 28 and October 22, 2005, that the public consultation process on a possible Pesticide By-law be held in September 2006 with staff to report back to the General Committee in October with recommendations.

9. COMMUNICATIONS

Council consented to add Communications 75-2006 to 83-2006.

Moved by Councillor A. Chiu

Seconded by Councillor J. Webster

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

Received

66-2006 The College of Physicians and Surgeons of Ontario - Forwarding information regarding improving access to family physicians in Ontario. (13.2)

73-2006 Duessa du Plooy - Forwarding comments regarding Town -initiated Official Plan and Thornhill Secondary Plan Amendments. (10.3)

83-2006 Bruce Hilliard, President, Angus Glen Ratepayers Association - Forwarding comments with respect to the applications submitted by Angus Glen Farm Ltd. and Angus Glen Gold Club Ltd. for lands on the south side of Major Mackenzie Drive, east of Glenbourne Drive. (10.3, 10.5 , 10.7) (Clause 11, Report No. 28)

Referred to Commissioner of Community Services

74-2006 Ontario Municipal Water Association - Forwarding concerns regarding the recommendations contained in Watertight, a report by the government-appointed Water Expert Panel, to transfer control of water assets from municipalities to local water companies. (5.3)