<span lang="EN-GB" style="font-size:14.0pt;mso-bidi-font-family:&quot;Times New Roman&quot;"> Meeting No. 8

That the tabled report dated April 11, 2006 from the Town Solicitor and the Commissioner of Corporate Services regarding funding for Markham YMCA, be received;

And that the matter of funding for the Markham YMCA be deferred and referred to the April 24, 2006 General Committee meeting to allow time for the Town Solicitor to highlight the major points of the agreement.

(3) 2006 COMMITTEE/BOARD APPOINTMENTS (16.24)

Cedar Grove Community Centre Board

That the following appointments to the Cedar Grove Community Centre Board for a term to expire December 31, 2006, be confirmed:

Paul Reesor, Chair

Rick Lapp, Secretary/Treasurer

Bob Lapp

Murray Reesor

Graeme Weston

Debbie Lapp

Heintzman House Community Centre Board

That the following appointments to the Heintzman House Community Centre Board for a term to expire December 31, 2006, be confirmed:

Paul Glionna

Robert Hansford

Ed Hankins, Chair

Sam Masson

Ken Davis

Patrick Chamandy

Bob Willson

Mervin Goldstein, lifetime non-voting member

Warren Carroll, lifetime non-voting member

Main Street Markham Committee

That the resignation of Dave Adams from the Main Street Markham Committee be accepted with regret and a letter of appreciation forwarded;

Markham District Historical Museum Board

That the resignation of Clive Bloomfield from the Markham District Historical Museum Board be accepted with regret and a letter of appreciation forwarded;

Traffic Safety Committee (TSC)

That the resignation of Nick Sidoti from the Traffic Safety Committee be received with regret and a letter of appreciation be forwarded;

And that the following appointments to the TSC for a term to expire December 31, 2006 be confirmed:

Stephen Collins (Ward 3)

Jim Monnot (Ward 5)

Phelia Kung (Ward 3 for Ward 6)

And that the following person be appointed to represent Ward 8:

Larry Dean

Unionville Business Improvement Area (BIA)

That the following appointments to the Unionville Business Improvement Area (BIA) for a term to expire December 31, 2006, be confirmed:

Gregory McCormick, Chair Unionville Trading Post

Nicole North, Vice Chair Petals, Stems & Leaves

Suzanne Bouchard, Vice Chair Eclectics

Sarah Iles, Vice Chair Cigar Bodega

Lori Lievonen, Treasurer Noteworthy

Tracy MacKinnon, Secretary

(4)        MARKHAM DISTRICT ENERGY INC.'S
            PROPOSAL FOR FUNDING FROM
            GREEN MUNICIPAL FUND (5.7)

That the tabled letter dated April 7, 2006 from the Town of Markham to the Federation of Canadian Municipalities in support of Markham District Energy Inc.'s (MDEI) proposal for funding from the Green Municipal Fund and the update from the Commissioner of Corporate Services as Treasurer of Markham District Energy Inc., and the application be endorsed;

And, if possible, the letter include the MDEI goals of emission controls, solar thermal energy and renewable energy fuel sources.

Moved by Regional Councillor J. Heath

Seconded by Councillor A. Chiu

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

CARRIED

3. MINUTES

(1) COUNCIL MINUTES - MARCH 21 AND 30, 2006

Moved by Councillor A. Chiu

Seconded by Councillor G. McKelvey

That the minutes of the Council meeting held on March 21, 2006 with respect to The Great Markham Rodeo be amended to clarify that the Markham Village Group is a sponsor of the Great Markham Rodeo and that the Markham Business Improvement Area (BIA) is not;

And that the Minutes of the Council Meeting held on March 21, be adopted as amended;

And that the Minutes of the Council Meeting held on March 30, 2006, be adopted.

CARRIED AS AMENDED

(See following motion to amend)

Moved by Councillor J. Webster

Seconded by Councillor G. McKelvey

CARRIED

4. PRESENTATIONS

(1) GOLD LEVEL NATIONAL PARTNER IN CIVIC PRIDE AWARD (12.2.6)

Council received the Gold Level National Partner in Civic Pride recognition from Pitch-In Canada. The National Civic Pride Recognition Program is the highest form of national recognition extended to a community which has taken steps to partner with businesses and residents in year-round initiatives to encourage civic pride and improve their community's environment.

Markham has been a participant with PITCH-IN CANADA since 1986. The Town was the 2005 Ontario Champion for Communities in Bloom and received a Province-wide award for its environmental leadership. Markham’s approach to managing its waste and encouraging conservation includes up-to-date technology, education, bylaws, enforcement and community-wide action programs.

(2) GOVERNMENT FINANCE OFFICERS ASSOCIATION (12.2.6)

Council presented Andy Taylor, Commissioner of Corporate Services, with the Canadian Award for Financial Reporting Achievement, with respect to the Town of Markham’s annual financial report for the fiscal year ended December 31, 2004.

(3) 2006 BELL TRUE SPORT COMMUNITY AWARD (12.2.6)

Council was presented with the 2006 Bell True Sport Community Award which is closely linked with Character Community. The award consists of a $10,000 grant which was announced at the Canadian Sport Awards on Friday, March 31, 2006.

Paul Jurbala, Chair of Markham Sports Council presented the award to Council.

…………………………………….

Deputy Mayor F. Scarpitti vacated the Chair and Mayor D. Cousens assumed the Chair.

…………………………………….

5(a) REPORT NO. 13 - GENERAL COMMITTEE

Council consented to separate Clauses (4), (5), (10), (11) and (12).

Moved by Councillor S. Daurio

Seconded by Councillor A. Chiu

That Report No. 13 - General Committee be received and adopted.

April 3, 2006

(1) TRANSFER OF GAS TAX FUNDING TO MARKHAM
DISTRICT ENERGY INC. (7.1)

That the report dated April 3, 2006 entitled Transfer of Gas Tax Funding to Markham District Energy Inc. be received;

And that the Treasurer be authorized to transfer, as a grant, $500,000 to Markham District Energy Inc. (M.D.E.I.).

(2) LEASE AMENDMENT: LIBRARY ADMINISTRATION
CENTRE: 445 APPLE CREEK BLVD, MARKHAM (8.2)

That Council enact a by-law authorizing the Mayor and Clerk to execute an Amendment to a Lease Agreement between 1220623 Ontario Limited and the Town of Markham in a form that is satisfactory to the Town Solicitor, for 10,851 square feet of office space located at 445 Apple Creek Boulevard, Suite 100, Markham, for the period of January 1, 2007 to March 31, 2007, at a net rental rate of $13.75 per square foot plus $13.23 per square foot for taxes, maintenance and insurance costs.

(By-law 2006-78)

(3) 2006 UNIONVILLE B.I.A. OPERATING BUDGET (7.4)

That the report entitled 2006 Unionville B.I.A. Operating Budget dated April 3, 2006 be received;

And that the 2006 Operating Budget in the amount of $154,500 for the Unionville B.I.A. be approved.

(4) 2006 MARKHAM B.I.A. OPERATING BUDGET (7.4)

That the report entitled 2006 Markham B.I.A. Operating Budget dated April 3, 2006 be received;

And that the 2006 Operating Budget in the amount of $284,650 for the Markham Village B.I.A be approved.

CARRIED

(5) SENECA AT MARKHAM – THE MARKHAM CAMPUS
CAPITAL APPEAL (7.6)

Council consented to a division of the question.

That the report titled “Seneca @ Markham – The Markham Campus Capital Appeal” be received.

And that Council endorse a $65,000 in-kind benefit to Seneca of a shared use soccer pitch;

CARRIED

(See following recorded vote) (9:1)

YEAS: Mayor D. Cousens, Regional Councillor J. Heath, Councillor S. Daurio, Councillor E. Shapero, Councillor J. Virgilio, Councillor G. McKelvey, Councillor J. Webster, Councillor D. Horchik, Councillor A. Chiu. (9)

NAYS: Deputy Mayor F. Scarpitti. (1)

ABSENT: Regional Councillor J. Jones, Regional Councillor B. O'Donnell, Councillor K. Usman. (3)

And that Council endorse a contribution to the Seneca @ Markham Capital Appeal, consisting of $435,000 from the Corporate Rate Stabilization Fund (paid out in five equal installments of $87,000 from 2006 through 2010).

CARRIED

(See following recorded vote) (7:3)

YEAS: Mayor D. Cousens, Regional Councillor J. Heath, Councillor S. Daurio, Councillor J. Virgilio, Councillor G. McKelvey, Councillor J. Webster, Councillor A. Chiu. (7)

NAYS: Deputy Mayor F. Scarpitti, Councillor E. Shapero, Councillor D. Horchik. (3)

ABSENT: Regional Councillor J. Jones, Regional Councillor B. O'Donnell, Councillor K. Usman. (3)

(6)        AMENDMENT TO DEFINITION OF “RESIDENTIAL UNIT”
            IN THE PROPOSED BY-LAW TO PROVIDE FOR THE
            REGULATION OF TWO-UNIT RESIDENTIAL
            OCCUPANCIES: LEGAL FILE NO. 03 0411 LG 0217 (8.0)

Report By-law

That the definition of “residential unit” in the proposed By-law to amend By-law No. 308-97, being a By-law to provide for the registration of two-unit residential occupancies be amended to reflect the definition of “residential unit” that is found in s. 1(4) of Bill 51.

(By-law 2006-79)

(7) FACILITIES & ACCOMMODATION STRATEGIC PLAN (12.0)

Report Attachment

That the report dated April 3, 2006, entitled “Facilities & Accommodation Strategic Plan” be received and approved;

And that staff retain a consultant to undertake the Facilities & Accommodation Strategic Plan;

And further that staff report back to General Committee in September 2006 to provide an update on the progress of the Facilities & Accommodation Strategic Plan.

(8) CONSULTANT SELECTION – WOODBINE BYPASS
AND HWY-404 EMPLOYMENT LANDS SANITARY SEWER (5.5)

Report Attachments

That the report entitled “Consultant Selection RFP # 006-R-06, Woodbine Bypass and Hwy 404 Employment Lands Sanitary Sewer” be received;

And that the Request for Proposal # 006-R-06 be awarded to the highest ranked qualified firm, Earth Tech Canada Inc;

And that this award be subject to the receipt of funding from the West Cathedral Developers Group or Region of York in accordance with the Markham Council’s January 31, 2006 approved principles for the terms and conditions of the draft Development Charge Credit Agreement;

And that Purchase Orders for the various items of work for the project be issued to Earth Tech Canada Inc. in stages based on receipt of funds from the Cathedral Group and Region of York and the satisfaction of other conditions set out in this report;

Woodbine By-pass

And that Engineering staff be authorized to retain the firm of Earth Tech Canada Inc. for the completion of the detailed design of Phases 1 & 2 of the Woodbine Bypass for an upset fee of $386,077.40 inclusive of 7% GST and disbursements ($360,820.00 exclusive of GST);

And that Engineering staff be authorized to retain the firm of Earth Tech Canada Inc. for the construction inspection and contract administration of Phases 1 & 2 of the Woodbine Bypass for an upset fee of $215,070.00 inclusive of 7% GST and disbursements ($201,000.00 exclusive of GST) subject to the satisfactory completion of the detailed design phase of the project as described in the RFP document;

And that a contingency amount of $ 50,000 exclusive of GST be established to cover any additional design costs for Phases 1 & 2 of the Woodbine Bypass and that the Director of Engineering be authorized to approve expenditure of this contingency amount up to the specified limit;

And that Engineering staff be authorized to retain the firm of Earth Tech Canada Inc. for the completion of the detailed design of Phase 3 of the Woodbine Bypass for an upset fee of $101,897.17 inclusive of 7% GST and disbursements ($95,231.00 exclusive of GST) subject to the receipt of property access agreements with the landowners;

And that a contingency amount of $ 14,500 exclusive of GST be established to cover any additional design costs for Phase 3 of the Woodbine Bypass and that the Director of Engineering be authorized to approve expenditure of this contingency amount up to the specified limit;

And that the Engineering Department 2006 Capital Budget be amended to increase the value of the detailed design work for Phase 1, 2 & 3 of the Woodbine Bypass by a total of $455,201;

Hwy 404 Employment Land Sanitary Sewer

And that Engineering staff be authorized to retain the firm of Earth Tech Canada Inc. for the completion of the detailed design for the 404 North trunk sanitary sewer for an upset fee of $257,067.50 inclusive of 7% GST and disbursements ($240,250.00 exclusive of GST) subject to the amendment of the Engineering Department 2006 Capital Budget and receipt of West Cathedral assessed share of such work;

And that Engineering staff be authorized to retain the firm of Earth Tech Canada Inc. for the construction inspection and contract administration for the 404 North trunk sanitary sewer for an upset fee of $132,883.30 inclusive of 7% GST and disbursements ($124,190.00 exclusive of GST) subject to the satisfactory completion of the detailed design phase of the project as described in the RFP document and the amendment of the Engineering Department 2006 Capital Budget and receipt of West Cathedral assessed share of such work;

And that a contingency amount of $ 40,000 exclusive of GST be established to cover any additional design costs for the 404 North Employment Lands trunk sewer and that the Director of Engineering be authorized to approve expenditure of this contingency amount up to the specified limit;

And that the draft cost sharing for the detailed design, construction inspection and contract administration of the 404 North trunk sanitary between the Cathedral Developers Group (27%) and the Hwy 404 North Employment Lands (73%) as set out in this report be endorsed;

And that the Director of Engineering be authorized to finalize the cost sharing agreement with the Cathedral Group for the Hwy 404 North trunk sewer;

And that the Major and Clerk be authorized to execute the Cost Sharing Agreement with the Cathedral Group for the 404 North trunk sewer to the satisfaction of the Town Solicitor.

And that the 2006 Capital Budget be amended to include the detailed design, construction inspection, contract administration and construction of the 404 North trunk sanitary sewer in the amount of $2,633,710;

And that the Hwy 404 North Employment Lands final share of the Hwy 404 Sanitary Sewer be included in an Area Specific Development Charges for the area;

And that the Town of Markham upfront the Hwy 404 North Employment Lands share of the design and construction of the Hwy 404 Sanitary Sewer in the amount of $1,922,608 to be funded from Development Charges Reserves.

And that the upfronted sanitary sewer costs plus interest be included in the Area Specific Development Charge Bylaw for the Hwy 404 North Employment lands.

And that the Town of Markham be reimbursed the upfront Hwy 404 sanitary sewer cost plus interest from the Area Specific By-law for the Hwy 404 North Employment Lands;

And that staff continue to pursue with the Hwy 404 North Employment landowners upfront financing of the Hwy 404 Sanitary Sewer;

And that Bruce McGregor, Commissioner of Transportation and Works for the Regional Municipality of York be advised of this decision.

(9) PURCHASE OF SPONSORSHIPS – THREE EVENTS AND
STATUS OF THE COUNCIL TABLE PROMOTION ACCOUNT (7.0)

That Council purchase a table of 8 for the 14^th Annual York Regional Police Appreciation Night – Thursday, April 27, 2006 at Le Parc, Thornhill at a cost of $1,200, funded from account 840-841-5840;

And that Council purchases a Corporate table of 10 for the Markham Board of Trade 25^th Anniversary Celebration Gala at the Hilton Suites on Saturday, May 13, 2006, at a cost of $2,000, funded from account 840-841-5840;

And that tickets be purchased for Councillors wishing to attend the 7^th Annual S’port for Kids Gala, on Saturday May 13, 2006 at the Sheraton Parkway Hotel in Richmond Hill, at a cost of $175.00 per ticket, funded from account 840-841-5840;

And that Council authorize a projected over-expenditure of $12,900 in the 2006 Council Table Promotion account, 840-841-5840, to be offset by other favourable variances throughout the Town by year-end.

(10) FOURTH MUNICIPAL LEADER SUMMIT
ON CLIMATE CHANGE (3.0, 12.2.6)

Presentation Report Attachment 1 2 3

That the presentation by Councillor E. Shapero and Ms. M. Urquhart, Environmental Manager, regarding the Fourth Municipal Leader Summit on Climate Change be received;

And that the Town of Markham endorse in principle the World Mayors and Municipal Leaders Declaration on Climate Change, made on December 7, 2005 at the United Nations Climate Change Conference in Montreal, Canada (as attached to the original Council minutes kept on file in the Clerk’s Office);

And that the Federation of Canadian Municipalities (FCM) be so advised.

CARRIED AS AMENDED

(See following motion to amend)

Moved by Councillor E. Shapero

Seconded by Councillor J. Heath

That Clause (10) be amended to add the words "…Councillor E. Shapero and…" after the words "That the presentation by…" and to add the following as the last paragraph:

"And that the Federation of Canadian Municipalities (FCM) be so advised."

CARRIED

(11) GREEN ROOF PROJECTS (5.7)

Report Appendix 3 4 5

Council consented to a division of the question.

That the verbal presentation regarding Green Roof Projects be received;

And that Markham Staff report, Green Roof Projects, dated April 3, 2006, be received;

CARRIED

And that Town Staff be authorized to retain a consultant to prepare a cost benefit analysis including environmental benefits, for an extensive green roof (retrofit on an inverted roof) on the second floor of the Markham Civic Centre, at a cost not to exceed $4,000 to be funded from the 2005 Asset Management Project Green Roof Phase 1 – Civic Centre Account (#56-5350-6789-005).

LOST

(See following recorded vote) (4:6)

YEAS: Deputy Mayor F. Scarpitti, Regional Councillor J. Heath, Councillor E. Shapero, Councillor J. Webster. (4)

NAYS: Mayor D. Cousens, Councillor S. Daurio, Councillor J. Virgilio, Councillor G. McKelvey, Councillor D. Horchik, Councillor A. Chiu. (6)

ABSENT: Regional Councillor J. Jones, Regional Councillor B. O'Donnell, Councillor K. Usman. (3)

And that Town Staff engage the services of a consultant to prepare a Request For Proposal (RFP) on a green roof for the Centennial Community Centre pool area and that Town Staff also report back on costs to analyze the benefits of alternatively or in conjunction with installing solar panels in the same location;

CARRIED AS AMENDED

(See following motion to amend)

Moved by Councillor E. Shapero

Seconded by Councillor J. Heath

That Clause (11) be amended to add the words "…or in conjunction with…" after the words "…benefits of alternatively…" in paragraph 3.

CARRIED

And that Town Staff retain the consultant preparing the Master Plan for the Civic Centre (Paul Nodwell) to provide detailed landscape design drawings and contract administration, subject to approval of the design drawings and submission of a detailed cost-benefit analysis of the project, for:

· replacement of interlocking paving stones and the expansion of the existing landscape areas across the entire front of the Civic Centre building, including a green area at the front door; and,

· an “intensive” Green Roof/demonstration garden at the Civic Centre Great Hall entrance;

at a cost not to exceed $20,000 (funded from the 2006 Capital Project for Civic Centre Improvements # 7014).

And that up to $5,000 from the Markham Environmental Sustainability Fund (Account #87 2800168) be used as seed money to hold a Green Roof Symposium in the Town of Markham with the non-profit association, Green Roofs for Healthy Cities, to advance knowledge about Green Roofs, establish working relationships and explore grant opportunities for Green Roofs;

And further that as part of the RFP process for future Town facilities (new construction and major renovations) an evaluation of a Green Roof be requested.

CARRIED

(12) WEST NILE UPDATE (3.0)

Report Appendix 1

That the Town of Markham continue to support the Region of York, Health Services Department in their activities to control the West Nile Virus in 2006, in promoting education and reducing, where appropriate, standing water on public property, as outlined within this report;

And that the Town of Markham continue to work in partnership with the Region of York in 2006, to communicate and distribute information about the West Nile Virus and participate in the meetings of the West Nile Virus Municipal Operations Committee;

And that the Town of Markham continue to provide current, factual information about the West Nile Virus and how the general public can protect themselves from exposure.

CARRIED

(13) SATELLITE RECREATION CENTRE POLICIES
AGREEMENT (6.0, 8.2)

Report Attachment A B C

That the report entitled Satellite Recreation Centres Policies Agreement be received;

And that the Mayor and Clerk be authorized to execute the Satellite Recreation Centres Policies Agreement and related “Memorandum of Acknowledgement” with the Satellite Community Centre Boards;

And further that the applicable Society of Composers, Authors and Music Publishers of Canada fees for the satellite community centres in the estimated amount of $4,160.00 be expensed to the 2006 Asset Management operating budget accounts specified in the report.

(14) AMENDMENT TO FEE BY-LAW 2002-276 TO REFLECT
A PER APPLIANCE UNIT FEE FOR USED APPLIANCE PICKUP (5.1)

Report By-law

That Fee By-law 2002-276 be amended to reflect a charge of $10.00 per unit for used appliances collected by the Town;

And that public notice be provided in accordance with Notice By-law 2002-275;

And that staff consider options to tackle the problem of appliance pickup at large condominium units where the pickup fee has not been paid, leading to the appliance remaining in place until sufficient complaints are received or the fee is paid.

(By-law 2006-80)

(15) GENERAL COMMENTS ON ONTARIO’S FUTURE
ENERGY SUPPLY MIX (5.7)

Report Attachment 1 2 3

That the Report titled, General Comments on Ontario’s Future Energy Supply Mix be received;

And that Council supports the position that the Province should develop an Integrated Resource Plan that provides a greater priority and emphasis on Conservation Demand Management (CDM);

And that Council supports the position that the Province should develop an Integrated Resource Plan that provides a greater system planning emphasis and dependence on distributed generation and district energy technologies in communities across Ontario;

And that Council supports the position that the Province should develop an Integrated Resource Plan that has a lessened dependency on the high voltage transmission system;

And that Council supports submission of this Report along with a letter to the Honourable Donna Cansfield, Minister of Energy as Markham’s general comments on Ontario’s Future Energy Supply Mix.

(16)      OTHER COMMITTEE PROCEEDINGS
            - MINUTES OF GENERAL COMMITTEE MEETING
            - APRIL 3, 2006 (16.0)

That the General Committee minutes dated April 3, 2006 be received.

CARRIED

5(b) REPORT NO. 14 - DEVELOPMENT SERVICES COMMITTEE

Council consented to separate Clause (12).

Moved by Councillor G. McKelvey

Seconded by Councillor J. Virgilio

That Report No. 14 - Development Services Committee be received and adopted.

April 4, 2006

(1)        HERITAGE MARKHAM COMMITTEE MINUTES
            MARCH 8, 2006, ITEM NO. 33:
            PROPOSED BUILDING CODE AMENDMENTS
            ENERGY EFFICIENCY, PUBLIC CONSULTATION (16.11)

Memo Correspondence

That the following recommendation of the Heritage Markham Committee, dated March 8, 2006, be endorsed:

That Council of the Town of Markham provide feedback to the Ministry of Municipal Affairs and Housing regarding energy efficiency changes to the Ontario Building Code indicating the following:

that depending on how they are interpreted and applied, energy conservation measures have the potential to compromise heritage attributes of properties of cultural heritage value and interest;

that the Ontario Building Code (Part 11) allows for compliance alternatives on some code requirements if they are found to be detrimental to the preservation of a heritage building, subject to the satisfaction of the chief building official; and

that any proposed changes to the Building Code should include compliance alternatives that are preferable from a heritage perspective for proposed energy efficiency requirements.

(2)        MAIN STREET MARKHAM COMMITTEE MINUTES
            MARCH 15, 2006, ITEM NO. 2(g):
            PROMOTION OF MAIN STREET SUB-COMMITTEE (16.39)

That the recommendation of the Main Street Markham Committee on March 15, 2006, for a static display celebrating Main Street, to be used to raise awareness of Main Street, to be created at a cost not to exceed $2,000.00 to be funded from 2002 Capital Account 052-6150-4785-005 Event Signs for Markham Main Street, be endorsed.

(3)        MAIN STREET MARKHAM COMMITTEE MINUTES
            MARCH 15, 2006, ITEM # 3(a):
            RESEARCHING MAIN STREET HISTORY (16.39)

That the recommendation of the Main Street Markham Committee on March 15, 2006, that final funding in the amount of $5,000.00 be made available to allow for the completion of the in-progress research project on the history of Main Street Markham to be funded from 2002 Capital Account 052-6150-4785-005 Event Signs for Markham Main Street, be endorsed.

(4)        UP-FRONTING OF THE DESIGN AND CONSTRUCTION
            OF A PARKETTE BY MATTAMY (ROBINSON CREEK) LIMITED
            WITHIN THE WISMER COMMON COMMUNITY (6.3)

Report Letter Map

That the report dated April 4, 2006, to Development Services Committee, entitled “Up-fronting of the Design and Construction of a Parkette by Mattamy (Robinson Creek) Limited within the Wismer Common Community” be received;

And that Council approve the request by Mattamy (Robinson Creek) Limited to up-front the cost of design, construction and contract administration of a parkette (Block 148) in Phase 1, Mattamy Robinson Creek (19TM-03008), within the Wismer Common Community, subject to the following conditions:

That Mattamy (Robinson Creek) Limited up-front the cost of the design, construction and contract administration of a parkette (totalling 0.863 acres or 0.34929 ha in area) to a minimum value of $130,000.00 per acre, which totals approximately $112,190.00 inclusive of all applicable taxes;

That, subject to compliance with these terms and conditions, the Town of Markham reimburse Mattamy (Robinson Creek) Limited up to $112,190.00 towards this project from development charges for park development, under the understanding that Mattamy (Robinson Creek) Limited may contribute additional funds, which will not be reimbursed by the Town, towards the development of this park;

That the Town reimburse Mattamy (Robinson Creek) Limited for invoices paid on a single lump sum basis for all approved costs associated with the design, construction and contract administration, including all applicable taxes, of this park up to a maximum of $112,190.00, less the 10% holdback to be released to them upon final assumption of the park by the Town, after sufficient Development Charges for park development have been collected (90% of a maximum of $112,190.00) at the building permit stage for residential lots within Phase 1 (19TM-03008) of Mattamy’s Robinson Creek subdivision in the Wismer Common Community to warrant repayment in full to the maximum allowable. No interest on such invoices shall be payable by the Town;

That owners / developers within the Wismer Common Community, including Mattamy (Robinson Creek) Limited not receive any credit towards park development charges and continue to pay the park development charge at the building permit stage for all present and future development phases of subdivisions within the Wismer Common Community;

That Mattamy (Robinson Creek) Limited hire a landscape architect who is a full member of the OALA (with an Association seal), and approved by the Town, to provide professional design, contract document, and contract administration services to the satisfaction of the Town;

That Mattamy (Robinson Creek) Limited conform with the Town’s standard park and open space approval process which includes development of several design concepts, holding community input meetings, and review and approval by Planning and Urban Design Department staff in consultation with the Town’s Parks Operations Department;

That Mattamy (Robinson Creek) Limited tender out the construction of the park works in accordance with Markham’s Purchasing By-law, including a minimum of three bidders to the satisfaction of the Town and a detailed plant material maintenance contract for the 2 year plant warranty period to the Town’s satisfaction as part of the tendered works the cost of which is the responsibility of Mattamy (Robinson Creek) Limited;

That this park be included in the Urban Design, Development Services Commission, 2007 Capital Budget submission.

(5)        MARKHAM GOLF DOME, 150 BURNCREST ROAD
            APPLICATION TO EXTEND A MINISTER’S ZONING ORDER
            MMAH FILE 19-ZO-03205010 (SC 92 000044-001) (10.5, 10.6)

Report. 1 2 3 4

That Council endorse the application to extend a Minister’s Zoning Order to permit the continued siting of an indoor and outdoor golf driving range at 150 Burncrest Road to July 1, 2018;

And that this Information Report be forwarded to the Ministry of Municipal Affairs and Housing (MMAH);

And that the Owner amend the existing Site Plan Agreement with the Town, containing all standard and special provisions and requirements of the Town and public agencies, to reflect the July 1, 2018 date.

(6)        HERITAGE EASEMENT AGREEMENTS
            TAX REDUCTION PROGRAM FOR HERITAGE PROPERTIES
            (16.11, 7.1)

Report Attach

That the Mayor and Clerk be authorized to execute Heritage Easement Agreements with the property owners for the properties identified on Schedule “A” attached to the report dated April 4th, 2006, and any other documents required to give effect thereto, in a form satisfactory to the Town Solicitor.

(By-law 2006-81)

(7)        THORNHILL YONGE STREET STUDY
            AND DRAFT AMENDMENTS TO THE MARKHAM
            OFFICIAL PLAN AND THE THORNHILL
            SECONDARY PLAN (OPA 1) (SD 03 106647) (10.3, 10.5)

Report 1 2 3 4 5 6 7 A B C

That the presentation by Mark Reid of Urban Strategies Inc., Consultants, regarding the Thornhill Yonge Street Study, be received;

And that the deputations by Bill Wylie, Chris Sexton, Joseph Riccuiti, Robert Armstrong, Larry Martin, Marion Matthias, and Evelin Ellison with concerns regarding the Thornhill Yonge Street Study, be received;

And that the report entitled “Recommendation Report: Thornhill Yonge Street Study and Draft Amendments to the Markham Official Plan and Thornhill Secondary Plan (OPA1), File SD 03 106647” be received;

And that the recommendations of Heritage Markham concerning the Thornhill Yonge Street Study, attached as Appendix A, be received;

And that Urban Strategies Inc.’s final report entitled “Thornhill Yonge Street Study, 2005: A Framework for Renewal, Reinvestment and Community Building”, distributed under separate cover, be endorsed as the basis for draft amendments to the Official Plan and Secondary Plan subject to clarification and revisions arising from the Public Meeting, and subject to the following clarifications and revisions recommended by staff:

That the option of height bonusing up to a maximum of one or two additional storeys in the Mid-Rise Street Related Mixed Use area (identified as the Heritage Main Street I designation in the draft Official Plan Amendment attached as Appendix A) would be within an overall maximum height restriction of 5 storeys;
That in order to ensure that the new 3-5 storey development is complementary to the character of the heritage area, that within the parameters of the Study’s proposed Built Form Guidelines, new mid-rise development be compatible with the basic tenets of traditional historical commercial architecture typically found in an older downtown setting.
That in reviewing public realm streetscape improvement on Yonge Street within the study area, consideration will also be given to including the public realm areas on Yonge Street outside of the study area, but within the heritage conservation district to ensure design consistency throughout the heritage district; and,
That all loose streetscape furnishings and fixed street furniture and lighting (including transit/bus shelters and kiosk) be reflective of and complementary to the heritage character of the area;
That balconies shall not be permitted along the Yonge Street frontage within the Thornhill Heritage Conservation District.

And that a Public Meeting be scheduled to consider the staff-initiated amendments to the Markham Official Plan and the Thornhill Secondary Plan (PD 3-1), attached as Appendix B;

And that the Thornhill Yonge Street Corridor be designated as a Community Improvement Project Area;

And that the draft by-law to designate the Thornhill Yonge Street Corridor as a Community Improvement Project Area, attached as Appendix C, be brought forward to Council, concurrent with the proposed amendment to the Thornhill Secondary Plan (PD 3-1).

(8)        594607 ONTARIO LTD. (MICHAEL DELLI-BENEDETTI)
            34-34A WASHINGTON ST., MARKHAM VILLAGE
            HERITAGE CONSERVATION DISTRICT
            ZONING BY-LAW AMENDMENT (ZA 05 017696) (10.5)

Report 1 2 3 4 5 A B

That the Development Services Commission Report dated April 4, 2006 entitled “Recommendation Report – Zoning Amendment – Zoning Use Category, 34-34a Washington Street, Markham Village Heritage Conservation District, 594607 Ontario Ltd. (Michael Delli-Benedetti), ZA 05 017696” be received;

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

(9) CORNELL ADVISORY GROUP – TERMS OF REFERENCE (10.0)

Report Attach

That the Terms of Reference for the Cornell Advisory Group, attached as Appendix ‘A’ to this report (dated April 4, 2006) be adopted and that staff, in consultation with the Ward Councillor, be authorized to recruit prospective members for the Advisory Group in accordance with the Terms of Reference.

(10)      1606096 ONTARIO LIMITED, 78 & 90 LEE AVENUE
            ZONING BY-LAW AMENDMENT AND DRAFT PLAN
            OF SUBDIVISION TO PERMIT 12 SINGLE-DETACHED LOTS
            AND RELATED APPLICATIONS FOR SEVERANCE AND
            MINOR VARIANCES 19TM-05013 (ZA 05 013080, SU 05 013073) (10.5, 10.7)

Report 1 A B

That the staff report entitled: “1606096 Ontario Limited. Application for Zoning By-law Amendment and Draft Plan of Subdivision to permit 12 single-detached lots at 78 & 90 Lee Avenue (ZA 05 013080, SU 05 013073) and related applications for severance and minor variances” be received;

And that the minutes of the Milliken Mills Subcommittee meeting held on January 30, 2006, be adopted;

And that the Mayor and the Clerk be authorized to execute the attached Minutes of Settlement for submission to the Ontario Municipal Board.

(11) BOX GROVE SANITARY SEWER SYSTEM
FUNCTIONAL REVIEW (5.5)

Report 1 2

That the report entitled “Box Grove Sanitary Sewer System- Functional Review” be received;

And that Asset Management 2006 Capital Budget be amended to include the preliminary design and cost evaluation for providing a sanitary sewer system in the Hamlet of Box Grove to an upset limit of $20,000 to be funded from the Waterworks Reserve. This cost will be recovered from the property owners if the project is to proceed under Local Improvements.

CARRIED

(12) FOREST BAY HOMES LTD., 7330 MARKHAM ROAD
GROUND SIGN VARIANCE (05-013949) (2.16.2)

Extract Report 1 2 Letter

That the letter dated April 5, 2006 from Ms. Deborah Wylie, Planner, Armstrong Hunter and Associates, requesting the deferral of this matter to a Council meeting sometime after April 18, 2006, due to the local Councillor (Councillor Usman) being out of the country and unavailable to attend the Council meeting this date, be received;

And that consideration of the ground sign variance, application # 05-013949, submitted by Forest Bay Homes Ltd., be deferred.

CARRIED AS AMENDED

(See following motion to amend)

Moved by Councillor J. Virgilio

Seconded by Councillor A. Chiu

That Clause (12) be amended to delete the paragraph in its entirety and the following be substituted therefor:

"That the letter dated April 5, 2006 from Ms. Deborah Wylie, Planner, Armstrong Hunter and Associates, requesting the deferral of this matter to a Council meeting sometime after April 18, 2006, due to the local Councillor (Councillor Usman) being out of the country and unavailable to attend the Council meeting this date, be received;

And that consideration of the ground sign variance, application # 05-013949, submitted by Forest Bay Homes Ltd., be deferred."

CARRIED

(13) ROUGE PARK ALLIANCE
FUNDING ADVOCACY (13.2, 13.13.2)

That the correspondence dated March 13, 2006, from the Rouge Park Alliance, advising the Town of Markham of their advocacy funding initiative, and requesting endorsement from the Town, be received;

And that the Rouge Park Alliance be advised that the Town of Markham’s annual funding is not to be used for advocacy funding initiatives;

And that the Town’s $25,000 funding to the Rouge Park Alliance from the 2006 budget not be provided unless the advocacy funding policy is changed.

CARRIED

(See following motion to reopen which was Lost)

Moved by Councillor E. Shapero

Seconded by Deputy Mayor F. Scarpitti

That Clause 13, Report No. 14 be reopened.

LOST

(14)      OTHER COMMITTEE PROCEEDINGS
            - MINUTES OF DEVELOPMENT SERVICES
            COMMITTEE MEETING – APRIL 4, 2006 (16.0)

That the Development Services Committee minutes dated April 4, 2006 be received.

CARRIED

6. MOTIONS

Council consented to add Motions (1) to (3).

(1) 2006 BELL TRUE SPORT COMMUNITY AWARD (12.2.6)

Moved by Councillor S. Daurio

Seconded by Councillor G. McKelvey

That the $10,000 in conjunction with the 2006 Bell True Sport Community Award be referred to staff to report back including the possibility of the money being allocated to preparing a sports policy.

CARRIED

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

(2)        REPLACEMENT OF A REGIONAL SEWER LINE
            IN MILNE PARK TO BE CONNECTED TO YORK
            DURHAM SEWER SYSTEM – EXEMPTION FROM
            NOISE CONTROL BY-LAW 2003-137 (5.5)

Moved by Councillor G. McKelvey

Seconded by Deputy Mayor F. Scarpitti

That the exemption from the Town of Markham Noise By-law 2003-137 be extended to permit the Region of York and its contractor to work 0800 to 1700 hours Sunday from February 19, 2006 to April 30, 2006 for sewer construction.

CARRIED

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

(3) TOWN OF MARKHAM AWARDS – POLICY ON
HOUSING AND MAINTENANCE (12.2.6)

Moved by Councillor A. Chiu

Seconded by Deputy Mayor F. Scarpitti

That staff report back on a policy for housing and maintaining the many awards presented to the Town of Markham.

CARRIED

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

7. COMMUNICATIONS

Council consented to separate Communication 30-2006.

Moved by Councillor G. McKelvey

Second by Councillor D. Horchik

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

Received

30-2006 Region of York - Forwarding information regarding the acquisition of land for the construction of 9th Line By-pass around the hamlet of Box Grove. (13.4)

CARRIED

Referred to all Members of Council

31-2006 Liquor Licence Application - Request to complete the Alcohol and Gaming Commission Municipal Information Form for Caribbean Starr, 6001 14th Avenue (indoor). (3.21)

Referred to all Members of Council

32-2006 Liquor Licence Application - Request to complete the Alcohol and Gaming Commission Municipal Information Form for Village Bar and Grill, 20 Alden Road, Unit 1 (2nd floor mezzanine) (indoor). (3.21)

33-2006 Markham Village BIA - Request to close Robinson Street, from 138 west to 132, between 6:00 a.m. and 2:00 p.m. during the dates noted below to facilitate the Farmer's Market:
- May 13, 20 and 27, 2006
- June 3, 10, 17 and 24, 2006
- July 1, 8, 15, 22 and 29, 2006
- August 5, 12, 19 and 26, 2006
- September 2, 9, 16, 23 and 30, 2006
- October 7, 2006
(By-law 2006-82) (3.5)

34-2006           Markham Village BIA - Request to close various streets to facilitate the Markham Village Music Festival as follows:
June 16, 2006 - 4:00 p.m. to 11:00 p.m.
June 17, 2005 - 7:00 a.m. to 7:00 p.m.
- Main Street Markham north from Highway 7 to South of Parkway Avenue
- Access east from Main Street Markham is closed to
            Centre Street
            Robinson Street
- Access west from Main Street Markham is     closed to
            Thompson Court
            Dublin Street
            Robinson Street
            Wilson Street
- Robinson Street West from Main Street Markham to Water Street
(By-law 2006-83) (3.5.2)

35-2006 Markham Village BIA - Request to close Robinson Street East on August 19, 2006 from 2:00 p.m. to 6:00 p.m. to facilitate the Markham Jazz Festival.
(By-law 2006-84) (3.5)

36-2006           Markham Village BIA - Request to close the following streets on September 10, 2006 from 8:00 a.m. to 5:00 p.m. to facilitate the Olden Days and Antique Cars:
- Main Street Markham north from Highway 7 to South of Parkway Avenue
- Access east from Main Street Markham is closed to
            Centre Street
            Robinson Street
- Access west from Main Street Markham is closed to
            Thompson Court
            Dublin Street
            Robinson Street
(By-law 2006-85) (3.5)

37-2006           Markham Village BIA - Request to close the following streets on November 24, 2006 from 4:00 p.m. to 11:00 p.m. to facilitate the Festival of Lights:
- Main Street Markham north from Highway 7 to South of Parkway Avenue
- Access east from Main Street Markham is closed to
            Centre Street
            Robinson Street
- Access west from Main Street Markham is closed to
            Thompson Court
            Dublin Street
            Robinson Street
(By-law 2006-86) (3.5)

38-2006 Deborah Wylie, Planner, Armstrong Hunter and Associates - Requesting the deferral of the ground sign variance submitted by Forest Bay Homes Ltd., 7330 Markham Road, to a Council meeting sometime after April 18, 2006, due to the local Councillor (Councillor Usman) being out of the country and unavailable to attend the Council meeting this date.

Referred to Commissioner of Development Services and Town Solicitor

39-2006 Ontario Municipal Board - Advising that the appeals submitted by North American Property Group regarding applications to permit a commercial development at the northeast corner of Highway 7 and 9th Line were withdrawn by letter on March 20, 2006. (13.13 & 10.0)

Referred to Chief Information Officer

40-2006 Markham Board of Trade - Advising of discussions at the Board of Directors meeting held on March 8, 2006 regarding the announcement of "WIFI" at the City of Toronto. As Canada's "High Tech" capital, they would like to ensure Markham is leading edge in the application of technology. (10.16 & 7.13)

CARRIED

8. PROCLAMATION

(1) PROCLAMATIONS (3.4)