<span lang="EN-GB" style="font-size:14.0pt;mso-bidi-font-family:&quot;Times New Roman&quot;"> Meeting No. 2

That the process for purchase of sponsorships on behalf of Council be managed within the budget by the Mayor’s Office staff and charged to account 840-8415840;

And that Members of Council will be polled for their interest and participation. As a guideline, the cost per organization will not exceed $3,500 as per the Council approved “Grants and Sponsorship Guidelines”;

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

(3) WINTER MAINTENANCE LEVEL OF SERVICE REVIEW (5.0)

That the report entitled ‘Winter Operations Level of Service Review’ dated December 5^th, 2007 be received;

And that the Operations Department be authorized to exercise their professional judgement to determine when local roads should be plowed before the 7.5cm threshold for local road plowing is attained;

And that the "Important Information for Homeowners" contained in Attachment 'A', Bullet No. 3, be amended to read as follows:

"The Operations Department will clear the windrow within 8 hours following the final plowing of the road, following the storm."

And that the qualification criteria for residents making application for the Town’s windrow removal program be reduced from 65 years of age to 60 years of age as outlined in Attachment ‘A’ of this report;

And that the 2008 Operations Department budget account 700 504 5301 be increased by $90,000 to cover the costs of both the increased frequency of local road plowing and the revised qualification criteria for the windrow removal assistance program;

And that a working group, consisting of members of Council and staff, be established to review current winter maintenance levels of service and report back to Council in the spring of 2008 on opportunities and action items for service level improvements;

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

CARRIED

Note: Council directed staff to issue a press release regarding the qualification criteria for residents making application for the Town’s windrow removal program.

(4) MARKHAM WAXERS UPDATE (6.0)

That the report dated January 21, 2008, titled “Markham Waxers Correspondence & Deputation from November 12, 2007, General Committee Meeting” be received;

And that the deputation from Mr. R. Thiessen and Mr. J. Cornacchia, on behalf of Markham Waxers Hockey Club, in opposition to the staff recommendation regarding the hourly rate for ice time, be received;

And that the following paragraph 3 be referred to the February 25, 2008 General Committee meeting and that the Markham Waxers Hockey Club be requested to provide Committee with the Club's audited financial statements for the last fiscal year:

"And that the hourly ice rates applicable to the Markham Waxers be $200 per hour for games and $144 per hour for practice sessions."

CARRIED AS AMENDED

(See following motion to amend)

Moved by Deputy Mayor J. Heath

Seconded by Regional Councillor T. Wong

That the following Paragraph 3 of Clause (4), Report No. 3, be referred to the February 25, 2008 General Committee meeting and that the Markham Waxers Hockey Club be requested to provide Committee with the Club's audited financial statements for the last fiscal year:

"And that the hourly ice rates applicable to the Markham Waxers be $200 per hour for games and $144 per hour for practice sessions."

CARRIED

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

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

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

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

CARRIED

4(b) REPORT NO. 4 - GENERAL COMMITTEE (February 4, 2008)

Council consented to separate Clauses (1), (3) and (5).

Moved by Councillor J. Virgilio

Seconded by Councillor V. Burke

That Report No. 4 - General Committee be received and adopted.

(1) DOWNSPOUT DISCONNECTION PROGRAM (5.3)

Presentation

That the presentation regarding the Downspout Disconnection Program by Mr. S. Andrews, Director, Asset Management and Ms. K. Dennison, Manager, System Engineering be received;

And that Deputy Mayor J. Heath, Regional Councillor T. Wong, Councillor E. Shapero and Councillor V. Burke be appointed to a Downspout Disconnection Working Group.

CARRIED

(2) DEPUTATION FROM DECEMBER 10, 2007 GENERAL
COMMITTEE MEETING CONCERNING EXISTING
BY-LAW TO CHARGE FEES FOR SERVICES PROVIDED
BY MARKHAM FIRE & EMERGENCY SERVICES (3.0)

Report Bylaw Addendum

That the report entitled “Deputation from December 10, 2007 General Committee Meeting Concerning the Existing By-law to Charge Fees for Services Provided by Markham Fire & Emergency Services” be received;

And that By-law 111-98, as amended, be further amended so as to permit the fees imposed by this by-law to be waived or reduced where circumstances warrant with approval of the Town of Markham Fire Chief;

And that the policy to be used by the Fire Chief to waive or reduce the fees imposed be comprised of the following circumstances:

In attendance at an incident over the ten minutes prescribed in the By-law, but only for the reason to await the arrival of another agency;
When one truck would have been sufficient to provide services but another truck was dispatched and was at the site for more than ten minutes but never performed any fire related services;

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

(By-law 2008-15)

(3) GOVERNANCE OPTIONS FOR THE MANAGEMENT AND
OPERATING STRUCTURE OF THE OPERATING
AUTHORITY FOR THE MARKHAM DRINKING
WATER DISTRIBUTION SYSTEM (5.3)

And that the Corporation of the Town of Markham assume the roles and responsibilities of the Owner of the Markham Drinking Water System as defined in the Safe Drinking Water Act, and required by the Drinking Water Quality Management Standard;

That the report entitled “Governance Options for the Management and Operating Structure of the Operating Authority for the Markham Water Distribution System” be received;

And that Council direct staff to proceed with the implementation strategy for the Quality Management System leading to Accreditation of the Town as the Operating Authority for the Markham Drinking Water System based on the existing operational structure – Mode l #1;

And that the Corporation of the Town of Markham assume the roles and responsibilities of the Operating Authority of the Markham Drinking Water System as defined in the Safe Drinking Water Act, and required by the Drinking Water Quality Management Standard;

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

(See Communication 13-2008)

CARRIED AS AMENDED

(See following motion to amend)

Moved by Councillor J. Virgilio

Seconded by Councillor V. Burke

That Clause 3, Report No. 4 be amended to add the following as paragraphs 3 and 4:

"And that the Corporation of the Town of Markham assume the roles and responsibilities of the Owner of the Markham Drinking Water System as defined in the Safe Drinking Water Act, and required by the Drinking Water Quality Management Standard;

CARRIED

(4) MARKHAM PARTICIPATION IN EARTH HOUR 2008 (5.7)

Report Schedule A Schedule B Schedule C
Schedule C(cont) Schedule D Schedule E Email

That the report entitled “Markham Participation in Earth Hour 2008” be received;

And that Council support the Town of Markham’s participation in Earth House 2008, an event scheduled for March 29, 2008, whereby citizens, businesses, and government are encouraged to turn off the lights for one hour between 8:00 pm and 9:00 pm;

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

(5) PESTICIDE BY-LAW
ENFORCEMENT AND EDUCATION PROGRAM (5.7)

That the deputation from Ms. S. Merson, local resident, on behalf of Mr. G. Foreman, Executive Director of the Canadian Association of Physicians for the Environment, expressing concern about the use of toxic chemicals to combat grub and chinch bug infestations, be received;

That the report titled “Pesticide By-law Enforcement and Education Program” be received;

And that a by-law be enacted to amend Pesticide By-law No. 2007-146 to provide for an exemption for hydro substations;

And that the use of pesticides for grub and chinch bug infestation be permitted in 2008 only;

And that by-laws be enacted to licence both Pesticide Applicators and Organic and Non-Pesticide Lawn Care Applicators;

And that By-law 2002-284, a by-law to establish licence fees for the Town of Markham be amended to include a $100 licence fee for applicators;

And that the Province of Ontario be requested to take immediate action to introduce legislation restricting the sale of pesticides across the Province for the benefit of all Ontario residents and the environment;

And that the email from Ms. L. Wener, dated January 23, 2008, regarding the use of pesticides for infestations in 2008 be received;

And that the Province be advised that the Town of Markham would be pleased to assist them in the development of legislation to reduce the use of pesticides;

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

(By-laws 2008-16 to 2008-19)

CARRIED

(6) ADVISORY APPOINTMENTS (16.0)

That Council appoint Deputy Mayor J. Heath to the Don Watershed Regeneration Committee;

And that the current composition of the Markham Race Relations Committee be reduced from three Councillors to two Councillors;

And that Council appoint Regional Councillor G. Landon to the Markham Arts Council.

(7) AWARD OF TENDER 180-T-07 CONSTRUCTION
OF ANGUS GLEN SOCCER FIELD (7.12.3)

Report Financial Information

That the report entitled “Award of Tender 180-T-07, Construction of Angus Glen Soccer Field” be received;

And that the contract for Tender 180-T-07 Construction of Angus Glen Soccer Field be awarded to the lowest priced qualified bidder, S&F Excavating in the amount of $468,751.00 which includes a $5,000.00 testing allowance and provisional item 3 (which is a $9,250.00 credit from the base bid for alternate water servicing and irrigation), exclusive of GST;

And that a construction contingency amount of $45,000.00 exclusive of GST be established to cover any additional consulting services and/or sub-consulting fees 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 the award be funded from Planning and Urban Design’s Capital Budget account 81-5350-7827-005, Angus Glen Soccer Field in the amount of $4,000,000.00;

And that additional capital funding in the amount of $165,439.00 be funded from the Development Charges Reserve (90% / $148,895.10) and tax-funded Capital Contingency 44-6300-6395-005 (10% / $16,543.90) and transferred to account 81-5350-7827-005;

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

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

(8) HERITAGE CANADA GRANT APPLICATION (7.6)

That Ms. J. Olson, Special Events Assistant, Town of Markham, be authorized to submit a financial request in the amount of $2,000 to the Department of Canadian Heritage in relation to the “Celebrate Canada!” Program for organizing activities to celebrate Canada Day in the Town of Markham.

CARRIED

4(c) REPORT NO. 5 - DEVELOPMENT SERVICES COMMITTEE (February 5, 2008)

Council consented to separate Clauses (4), (5) and (9).

Moved by Councillor J. Webster

Seconded by Councillor V. Burke

That Report No. 5 - Development Services Committee be received and adopted.

(1) MARKHAM TRANSPORTATION STRATEGIC PLAN
- CONSULTANT SELECTION RFP #152-R-07 (5.10, 7.12.2)

That the report entitled “Markham Transportation Strategic Plan - Consultant Selection RFP # 152-R-07,” be received;

And that the Request for Proposal #152-R-07 be awarded to the highest ranked and third lowest consortium led by IBI Group for an upset limit of $459,900 exclusive of GST ($482,895 inclusive of 5% GST);

And that a contingency amount of $75,000 exclusive of GST ($78,750 inclusive of GST) be established to cover any additional costs and that the Director of Engineering be authorized to approve expenditures of this contingency up to the specified limit;

And that the award be funded from the 2008 Engineering Capital Budget project # 8203, Markham Transportation Strategic Plan;

And that the 2008 Capital Project # 8203 be pre-approved and increased by $132,100 exclusive of GST from $450,900 to $583,000 (exclusive of GST) and be funded through the development charges;

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

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

(2) NINTH LINE SEWER IN THE CORNELL COMMUNITY (5.5)

That the February 5, 2008 report entitled “Ninth Line Sewer in the Cornell Community” be received;

And that the Chief Administrative Officer be authorized to finalize negotiations with the Region of York, 605918 Ontario Limited and the Markham Stouffville Hospital, on the cost sharing of the Ninth Line storm sewer;

And that the Mayor and the Clerk be authorized to execute a Cost Sharing Agreement with the Region of York, 605918 Ontario Limited, the Markham Stouffville Hospital, and any other necessary parties, to the satisfaction of the Chief Administrative Officer and Town Solicitor;

And that the Cornell Landowners Group and/or Lindvest Properties (Cornell) Limited be provided additional servicing allocation of two hundred (200) residential units (132 units upon financing of the sewer and the remaining 68 units in 2011) for the payment of the Town’s and at least 50% of Markham Stouffville Hospital’s shares of the 9^th Line storm sewer;

And that the CAO be authorized to execute a Memorandum of Understanding with the Cornell Landowners Group and/or Lindvest Properties (Cornell) Limited related to the financing of the 9th Line storm sewer and additional servicing allocation;

And that the Region of York be requested to contribute 50% of the Markham Stouffville Hospital’s share of the 9^th Line storm sewer;

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

(3) HERITAGE WEEK 2008 PROCLAMATION
FEBRUARY 17 to 23, 2008 (16.11)

Report Appendix A Appendix B-D

That the week of February 17 to 23, 2008 be proclaimed as Heritage Week in the Town of Markham; and,

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

(4) SERVICING ALLOCATION UPDATE (5.5)

That the February 5, 2008 report entitled “Servicing Allocation Update” be received;

And that Markham Council re-distribute the Town Servicing Allocation Reserve as noted in Tables 3 and 4;

And that Markham Council allocate conditional 2011 servicing capacity as noted in Table 6 and Appendix “A” attached to this report;

And that the conditions for the distribution of the Town Reserve and 2011 allocation as noted in Tables 4 and 7 be endorsed and Staff be authorized to update them at the draft plan/site plan approval stage;

And that Markham Council support the Regional policy (adopted by Regional Council on June 21, 2007) related to provision of a 20-35% increase in servicing allocation for developments that meet the “Sustainable Development Through LEED” criteria (Appendix “B”) and advise the Region that the Town of Markham wishes to participate in the program;

And that the Regional policy conforms to the Town of Markham’s request and resolutions regarding servicing allocation being tied to innovative and leading edge water conservation and LEED standards;

And that staff report back to Council, on a site specific basis regarding projects proceeding under the “Sustainable Development Through LEED” program;

And that staff continue to work with the Region on developing a process to deal with triggers for the site plan approval process (high density development);

And that the written submissions regarding servicing allocation, included in Appendix “D”, be received;

And that the correspondence dated January 30, 2008, from Mr. Peter Slama, Stantec Consulting Ltd., on behalf of the Cathedral Community - West Landowners Group confirming and thanking the Town for the proposed 300 units of conditional servicing allocation, be received;

And that the correspondence dated February 4, 2008, from Malone Given Parsons Ltd., on behalf of Vetmar Ltd., advising the March 1, 2008 deadline might not be achieved, be received;

And that the Region of York be requested to include in their criteria revenue to other transit providers (eg. TTC, GO Transit);

And that the medium and high density developments be required to participate in the Regional “Sustainable Development Through LEED” program, including, at a minimum, LEED Silver certification and 3-stream waste separation, as a condition of service allocation;

And that staff be requested to bring forward a report and recommendation on interim measures to be taken on current development applications to achieve LEED compliance;

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

CARRIED AS AMENDED

(See following motion to amend)

(Councillor J. Virgilio abstained)

Moved by Councillor E. Shapero

Seconded by Councillor V. Burke

That Clause (4), Report No. 5 be amended to add the following paragraphs:

"And that the Regional policy conforms to the Town of Markham’s request and resolutions regarding servicing allocation being tied to innovative and leading edge water conservation and LEED standards;

And that staff be requested to bring forward a report and recommendation on interim measures to be taken on current development applications to achieve LEED compliance;"

CARRIED

(5)        HERITAGE PERMIT APPLICATION
            METAL TILE ROOF FOR MARKHAM VILLAGE LANES
            140-152 MAIN STREET NORTH; 12 WILSON STREET
            APPLICANT: DAVID JOHNSTON/1209094 ONTARIO LIMITED
            MARKHAM VILLAGE HERITAGE CONSERVATION DISTRICT
            HE 07 131343 (16.11)

Report Attachment Letter

This matter was referred to the In-camera Session of Council - See In-camera (3).

(6)        WOODJANE CORPORATION
            ZONING BY-LAW AMENDMENT AND
            SITE PLAN APPLICATIONS TO PERMIT A
            TWO-STOREY MIXED-USE COMMERCIAL PLAZA
            AT 8241 WOODBINE AVENUE
            (ZA 06 134156 & SC 07 130237) (10.5, 10.6)

Report Attachment By-law

That the report dated February 5, 2008 entitled “RECOMMENDATION REPORT, Woodjane Corporation, Zoning By-law amendment and Site Plan applications to permit a two-storey mixed-use commercial plaza at 8241 Woodbine Avenue” be received;

That the record of the Public Meeting held on May 29^th, 2007, regarding the proposed Zoning By-law amendment be received;

That the draft implementing Zoning By-law (ZA 06 134156) to amend By-laws 2284-68 and 165-80, as amended, attached as Appendix ‘B’ be finalized and enacted;

That the application for Site Plan approval (SC 07 130237) by Woodjane Corporation, for a two-storey mixed-use commercial plaza be endorsed in principle, subject to the conditions attached as Appendix ‘A’;

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;

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

(7)        TOWN INITIATED OFFICIAL PLAN
            AND ZONING BY-LAW AMENDMENTS
            FOR POLICIES AND DEVELOPMENT STANDARDS
            FOR RURAL RESIDENTIAL AREAS
            (OP.06-133377 AND ZA.06-133382) (10.3, 10.5)

That the report dated February 5, 2008 entitled “Town initiated Official Plan and Zoning By-law amendments for Policies and Development Standards for Rural Residential Areas” be received;

That the Town initiated Official Plan amendment, attached as Appendix ‘A’ to the February 5, 2008 Development Services Committee report, (File OP.06-133377) to amend the policies of the Official Plan for lands designated Rural Residential be adopted;

That the Town initiated Zoning By-law amendment, attached as Appendix ‘B’ to the February 5, 2008 Development Services Committee report, (File ZA.06-133382) to add development standards to By-law 304-87, as amended for lands zoned Rural Residential Estate be passed;

That Council confirm, as per Section 34(17) of the Planning Act, that no further Public Notice is required;

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

(By-laws 2008-20 and 2008-21)

(8)        COMMENTS ON PROPOSED FINAL BUILT BOUNDARY
            FOR THE GROWTH PLAN FOR THE
            GREATER GOLDEN HORSESHOE (10.0)

Letter Draft Terms of Reference Attachment 1

That the Report dated February 5, 2008 entitled “Comments on Proposed Final Built Boundary for the Growth Plan for the Greater Golden Horseshoe” be received;

And whereas the Provincial Growth Plan for the Greater Golden Horseshoe, 2006, requires municipalities to develop and implement through their Official Plans and other supporting documents, a strategy and policies to phase in and achieve intensification and the provincial intensification target within the settlement area;

And whereas the Growth Plan provides that municipalities shall identify locations for intensification to contribute to the intensification target;

And whereas both the Region of York and the Town of Markham regard Cornell Centre as one of the locations within the Highway 7 regional corridor intended to achieve intensification and the provincial intensification target within the settlement area;

And whereas Cornell Centre is by definition an intensification area within an intensification corridor and the policies of the Region of York and the Town of Markham pertaining to Cornell Centre are structured to support achievement of the provincial intensification target;

And whereas intensification corridors such as the Highway 7 regional corridor in Markham and intensification areas such as Cornell Centre located within the settlement area form part of the Regional and Town strategies to implement the intensification objectives of the Growth Plan and these intensification areas should be recognized as contributing to those objectives;

Now therefore be it resolved that Markham Council requests the Minister of Public Infrastructure Renewal and Ontario Growth Secretariat staff to work together in a coordinated and collaborative way with the Region of York and the Town of Markham to develop a more inclusive approach to addressing municipal preferences for intensification and to properly recognize Cornell Centre as an intensification area on an intensification corridor;

And that Council request the Ministry of Public Infrastructure Renewal staff to further refine the built boundary in York Region to include Cornell Centre in its entirety before it is finalized, or alternatively, confirm a process to ensure that Cornell Centre projects are recognized as contributing towards the intensification target of the Growth Plan for the Greater Golden Horseshoe;

And that the Mayor compose a cover letter similar to the correspondence submitted by Regional Chair Bill Fisch;

And that the Clerk be requested to forward a copy of this report to the Minister of Public Infrastructure Renewal, the Assistant Deputy Minister for the Ontario Growth Secretariat, and the Region of York.

(9)        REGION OF YORK
            YONGE SUBWAY ADVISORY TASK FORCE
            - DRAFT TERMS OF REFERENCE (10.0, 13.4)

That the correspondence dated January 30, 2008 from Mr. Denis Kelly, Regional Clerk, the Region of York requesting:

Appointment of two (2) Members of Council and one (1) non-elected representative to sit on the Yonge Subway Advisory Task Force, and;

That the Yonge Subway Advisory Task Force - Draft Terms of Reference, be received and referred to staff for comments, and;

That Mayor Frank Scarpitti and Councillor Valerie Burke be the two appointed Members of Council to sit on the Yonge Subway Advisory Task Force;

And that the appointment of a non-elected representative to the Yonge Subway Advisory Task Force be deferred to the March 4, 2008 Council meeting to allow Members of Council to submit the names of possible candidates to the Mayor.

CARRIED AS AMENDED

(See following motion to amend)

Moved by Regional Councillor J. Jones

Seconded by Councillor V. Burke

That Clause (9), Report No. 5 regarding the appointment of a non-elected representative to the Yonge Subway Advisory Task Force be deferred to the March 4 Council meeting to allow Members of Council to submit the names of possible candidates to the Mayor.

CARRIED

4(d) REPORT NO. 6 - GENERAL COMMITTEE (February 11, 2008)

Council consented to add Report No. 6 and to separate Clause (1).

Moved by Councillor A. Chiu

Seconded by Councillor J. Webster

That Report No. 6 - General Committee be received and adopted.

(1) 2008 PROPOSED OPERATING
AND CAPITAL BUDGETS (7.0)

That the presentation from Mr. J. Lustig, Director, Financial and Client Services, regarding the 2008 Proposed Operating and Capital Budgets be received;

And that there be a 3.73% tax increase comprised of:

- Proposed 2008 Operating Budget of $158.1M

- Proposed 2008 Capital Budget of $131.0M

- Proposed 2008 Waterworks Budget of $59.2M

- Proposed 2008 Building Services Budget of $7.0M.

CARRIED

(Recorded vote unanimous) (13:0)

(2) MUNICIPAL INFRASTRUCTURE
INVESTMENT INITIATIVE (7.6)

Report Att By-law

That the report titled “Municipal Infrastructure Investment Initiative – Town of Markham Grant Application” be received;

And that Council approve the Town’s participation in the Province of Ontario’s Municipal Infrastructure Investment Initiative by approving a grant request in the amount of $4,500,000 for the “Markham Cycling and Pathway System 2008 (Aligned with Active 2010 Initiative)” project;

And that the Grant application reflect suggestions made at the February 11, 2008 General Committee meeting which included references to the scalability of the project, as well as other selling points such as its Town-wide implications, its connectivity to the Rouge Park, Oak Ridges moraine and the Greenbelt, and reference to how it aligns with the Town’s Transportation Demand Management strategy;

And that the By-law to “Authorize the Submission of an Application to the Ontario Infrastructure Projects Corporation (“OIPC”) For Funding From the Municipal Infrastructure Investment Initiative for a New Eligible Capital Project of the Corporation of the Town of Markham (The “Municipality”) and to Approve the Expenditure of Funds on Said Eligible Capital Project” be enacted;

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

(By-law 2008-32)

CARRIED

5. MOTIONS

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

(1) COMMUNITY SAFETY ZONES (5.10)

That the following motion be referred to a future Development Services Committee meeting in April or May of 2008 to allow staff to further investigate the requirements regarding Community Safety Zones, including budget implications:

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

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

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

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

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

DEFERRED

(See following motion to defer)

Moved by Councillor D. Horchik

Seconded by Councillor J. Virgilio

That Motion (1) be referred to a future Development Services Committee meeting in April or May of 2008 to allow staff to further investigate the requirements regarding Community Safety Zones, including budget implications.

CARRIED

(2) PRESENTATION OF HISTORISCHES STADTMAUERFEST
(HISTORIC CITY WALL FESTIVAL) NORDLINGEN, GERMANY (12.2.6)

Moved by Councillor C. Moretti

Seconded by Regional Councillor J. Jones

That the presentation by Mr. Heinz Nitschke on the Historisches Stadtmauerfest held in Nordlingen, Germany, during September of 2007, be received.

CARRIED

(2/3 VOTE WAS REQUESTED & OBTAINED)

(3) LEED CERTIFICATION - SITE PLAN APPROVAL FOR
220 COMMERCE VALLEY DRIVE (10.6)

Moved by Councillor J. Virgilio

Seconded by Councillor J. Webster

That the communication dated February 7, 2008 from Mr. A. Baldassarra, Architect, outlining their position on LEED certification regarding the Site Plan Approval submitted by Metrus Properties Inc. for 220 Commerce Valley Drive, be received.

CARRIED

(2/3 VOTE WAS REQUESTED & OBTAINED)

6. COMMUNICATIONS

Council consented to add Communications 11-2008 to 13-2008 and to separate Communication No. 11-2008.

Moved by Councillor A. Chiu

Seconded by Councillor J. Virgilio

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

Referred to all Members of Council

9-2008 Liquor Licence Application - Forwarding a request to complete the Alcohol and Gaming Commission Municipal Information Form for Boston Pizza No. 453, 2910 Mackenzie Drive East (indoor and outdoor) (3.21)

Info

Referred to Commissioner of Development Services & Town Solicitor

10-2008 Ontario Municipal Board - Forwarding a Notice of Prehearing Conference with respect to the Thornhill-Markham Heritage Conservation District Plan (By-law 2007-151) and the Town of Markham Official Plan Amendment No. 167 (Thornhill Secondary Plan). The Prehearing will be held on March 6, 2008 and the Board has set aside two days for this conference. (13.13)

Letter

Referred to all Members of Council

11-2008 A. Baldassarra, Architect - Outlining their position on LEED certification regarding the Site Plan Approval for 220 Commerce Valley Drive, submitted by Metrus Properties Inc. (10.6)
(Council consented to receive this communication - See Motion (3))

Letter

12-2008 Dr. Frank Shahidi - Requesting Council to defer the consideration of the matter regarding the removal of the metal tile roofing material from the heritage buildings and replace it with a roofing material in accordance with the policies and guidelines of the Markham Village Heritage Conservation District Plan, to a Council meeting in March, as he is scheduled to be away from February 11 to 24, 2008. The Heritage Permit Application Number is HE 07 131344, submitted by his Architect David Johnston. (16.11)
(Clause 5, Report No. 5, 2008)

Letter

13-2008 P. Loukes, Acting Director, Operations and Water Works - Providing a recommendation regarding the questions raised at the February 11, 2008 General Committee on the role of Council in the Markham Drinking Water System. (5.3)
(Clause 3, Report No. 4, 2008)

Memo

CARRIED

7. PROCLAMATION

(1) PROCLAMATION (3.4)

Info

Moved by Regional Councillor T. Wong

Seconded by Councillor J. Webster

That the following be proclaimed in the Town of Markham:

- Red Cross Month (March 2008);

And that the Red Cross flag be raised at the Town of Markham Civic Centre flagpole and at the Markham Fire Halls for the duration of Red Cross Month;

And that the Corporate Communications Department be requested to publish the above proclamation in the local newspapers.

CARRIED

8. OTHER BUSINESS

Council consented to add Other Business (1) and (2).

(1) UPDATE REPORT ON 090-Q-07 SUPPLY
AND DELIVERY OF VARIOUS FITNESS EQUIPMENT (7.4)

Moved by Deputy Mayor J. Heath

Seconded by Councillor A. Chiu

That the verbal update provided by Mr. A. Seabrooke, Acting Director, Library Services, Fire Services, Recreation and Culture, regarding the concern raised at the General Committee meeting held on February 4, 2008 on the process for 090-Q-07 - Supply and Delivery of Various Fitness Equipment, be received.

CARRIED

(2) YORK REGION ENVIRONMENTAL ASSESSMENTS (5.7)

Council was advised that the York Region Environmental Assessments will be before Regional Council meeting on February 21, 2008.

9. BY-LAWS

Council consented to add By-laws 2008-32 to 2008-34.

Moved by Councillor A. Chiu

Seconded by Councillor J. Virgilio

That By-laws 2008-15 to 2008-30 and By-laws 2008-32 to 2008-34 be given three readings and enacted.

Three Readings

BY-LAW 2008-15 A by-law to amend By-law 111-98, a by-law to charge fees for services provided by Fire and Emergency Services for emergency and non-emergency incidents (Fees may be waived or reduced where circumstances related to the provision of the services warrants, with the approval of the Town of Markham Fire Chief and in accordance with criteria as approved by Council).
(Clause 2, Report No. 4, 2008)

BY-LAW 2008-16 A by-law to amend Pesticide By-law 2007-146 (To provide for an exemption for hydro substations and permit the use of pesticides for infestation in 2008).
(Clause 5, Report No. 4, 2008)

BY-LAW 2008-17 A by-law to licence Pesticide Applicators.
(Clause 5, Report No. 4, 2008)

BY-LAW 2008-18 A by-law to licence Pesticide-Free Yard Care Applicators.
(Clause 5, Report No. 4, 2008)

BY-LAW 2008-19 A by-law to amend By-law 2002-284, a by-law to establish licence fees for the Town of Markham (To include $100 fee for Pesticide Free Yard Care Applicators and Pesticide Applicators).
(Clause 5, Report No. 4, 2008)

BY-LAW 2008-20 A by-law to adopt Official Plan Amendment No. 170 (Town of Markham initiated official plan amendment - To clarify Rural Residential Policies).
(Clause 7, Report No. 5, 2008)

BY-LAW 2008-21 A by-law to amend Zoning By-law 304-87, as amended (To of Markham initiated - To require greater combined minimum side yard setbacks).
(Clause 7, Report No. 5, 2008)

BY-LAW 2008-22 A by-law to designate a property as being of Historic and/or Architectural Value or Interest (Homer Wilson Farmhouse, J. P. Carr Cottage and Pingel Farm Cemetery).
(Clause 1, Report No. 2, 2008)

BY-LAW 2008-23 A by-law to appoint Municipal Law Enforcement Officers for the purpose of acting as Process Servers (William (Bill) Redmond, Carol Redmond and Frank Nicoletti) (Repeals By-laws 2003-130 and 2002-179).

BY-LAW 2008-24 A by-law to amend Municipal Law Enforcement Officers Appointment By-law 2002-178 and Parking By-law 2005-188 (To update Officers' List and Private Property Enforcement Agencies)

BY-LAW 2008-25 A by-law to designate part of a certain plan of subdivision not subject to Part Lot Control (Country Wide Homes, south of Elgin Mills Road, west of Woodbine Avenue, Lots 3 to 12, 19 to 32, 47 to 49 and Block 80, Plan 65M-4033).

BY-LAW 2008-26 A by-law to designate part of a certain plan of subdivision not subject to Part Lot Control (Eldin Building Corp., south of Fred McLaren Boulevard, west of Roy Rainey Avenue, Blocks 28 and 29, Plan 65M-3969 and Block 149, Plan 65M-3611).

BY-LAW 2008-27 A by-law to dedicate certain lands as part of the highways of the Town of Markham (Block O, Plan 65M-1378 and Block B, Plan 65M-1650 - Sir Galahad Place).

BY-LAW 2008-28 A by-law to amend Zoning By-law 177-96, as amended (Cathedral Town Limited & 404 Developments Inc. East of the Woodbine By-Pass, north of Betty Roman Boulevard, Blocks 43-49, 55 & 58, 19TM-05002, Part of Block 80, 19TM-95075, Part of Lots 24 & 25, Concession 3 - To remove (H) Hold provision to permit the construction of thirty-one townhouse dwellings).

BY-LAW 2008-29 A by-law to adopt Official Plan Amendment No. 169 (Box Grove Hill Developments Inc., southeast corner of future Copper Creek Drive extension and future Markham By-pass Link, Block 460 on draft plan 19TM-030012, Box Grove Planning District - To permit a gas bar and an accessory retail store, and a stand alone restaurant).
(Clause 3, Report No. 71, 2007)

BY-LAW 2008-30 A by-law to amend Zoning By-law 177-96, as amended (Box Grove Hill Developments Inc., southeast corner of future Copper Creek Drive extension and future Markham By-pass Link, Block 460 on draft plan 19TM-030012, Box Grove Planning District - To permit a gas bar, an accessory retail store and a stand alone restaurant).
(Clause 3, Report No. 71, 2007)

BY-LAW 2008-32 A by-law to authorize the submission of an application to the Ontario Infrastructure Projects Corporation (“OIPC”) for funding from the Municipal Infrastructure Investment Initiative for a new eligible capital project of the Corporation of the Town of Markham (The “Municipality”) and to approve the expenditure of funds on said eligible capital project.
(Clause 2, Report No. 6, 2008)

BY-LAW 2008-33 A by-law to designate part of a certain plan of subdivision not subject to Part Lot Control (Winter Garden Estates Inc., south of 14th Avenue, between 9th Line and Box Grove By-pass, Blocks 229, 230, 231, 232 and 233, Plan 65M-3976).

BY-LAW 2008-34 A by-law to designate part of a certain plan of subdivision not subject to Part Lot Control (Home Sport Properties Inc., south of 14th Avenue, between 9th Line and Box Grove By-pass, Blocks 45, 46, 47, 49 and 50, Plan 65M-3975).

CARRIED

10. IN-CAMERA ITEMS

Moved by Regional Councillor J. Jones

Seconded by Deputy Mayor J. Heath

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

CARRIED

Moved by Councillor A. Chiu

Seconded by Councillor V. Burke

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

(1) IN-CAMERA COUNCIL MINUTES - JANUARY 22, 2008 (16.0)

That the minutes of the in-camera Council meeting held on January 22, 2008, be confirmed.

(2) CONFIDENTIAL PROPERTY MATTER - RELOCATION OF POWERSTREAM (8.0)

That the Mayor and Clerk be authorized to execute the Memorandum of Understanding (MOU), attached as Appendix “C” to the confidential memo dated January 21, 2008 from the Acting Director of Strategic Initiatives;

And that upon delivery of documentation satisfactory to the Treasurer, for 50% of the costs of the PowerStream relocation, payment be made from an account to be determined at the discretion of the Treasurer.

(3)        HERITAGE PERMIT APPLICATION
            METAL TILE ROOF FOR MARKHAM VILLAGE LANES
            140-152 MAIN STREET NORTH; 12 WILSON STREET
            APPLICANT: DAVID JOHNSTON/1209094 ONTARIO LIMITED
            MARKHAM VILLAGE HERITAGE CONSERVATION DISTRICT
            HE 07 131343 (16.11)

Report Attachment Letter

That the communication dated February 8, 2008 from Dr. Frank Shahidi, Owner, requesting Council defer consideration of Heritage Permit Application HE 07 131344 regarding the requirement for the owner of Markham Village Lanes to remove the metal tile roofing material from the heritage buildings and replace it with a roofing material in accordance with the policies and guidelines of the Markham Village Heritage Conservation District Plan, be received;

And that Council consents to the applicant’s request to defer consideration of the following motion to the Council meeting to be held on March 25, 2008 and extend the 90 day review period specified in the Ontario Heritage Act:

"That in response to Heritage Permit Application HE 07 131344, Council require the owner of Markham Village Lanes to remove the metal tile roofing material from the heritage buildings and replace it with a roofing material in accordance with the policies and guidelines of the Markham Village Heritage Conservation District Plan;

That the metal tile roofing be permitted to remain on all portions of Markham Village Lanes that are not considered heritage buildings;

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

And that Dr. Shahidi be notified of Council's decision to defer consideration of the Heritage Permit Application HE 07 131344 and extend the 90 review period set out in the Ontario Heritage Act;

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

CARRIED

Moved by Councillor A. Chiu

Seconded by Councillor V. Burke

That the report be adopted, approved and confirmed.

CARRIED

11. CONFIRMATORY BY-LAW

Moved by Councillor A. Chiu

Seconded by Councillor L. Kanapathi

That By-law 2008-31 be given three readings and enacted.

Three Readings

BY-LAW 2008-31 A by-law to confirm the proceedings of the Council meeting of February 12, 2008.
(Council Meeting No. 2, 2008)