<span lang="EN-GB" style="font-size:14.0pt;mso-bidi-font-family:&quot;Times New Roman&quot;"> Meeting No. 9

Report Figures Draft By-Law Correspondence Financial

That the presentation by Bill Crothers, Chair, York Region District School Board, Dr. Ralph Benson, Superintendent of Corporate Planning, Jane Ross, Manager of Land Use Planning, and Tim Uyl, Manager of Accommodation Planning, regarding incoming applications for portables, be received.

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

Extract Report 1 2 Letter

That the ground sign variance, application # 05-013949, submitted by Forest Bay Homes Ltd., be approved subject to the passing of a by-law prohibiting a ground sign on Denison Street at the subject corner and on the adjacent parcel on Markham Road to the north of the site.

(3) 2006 COMMITTEE/BOARD APPOINTMENTS (16.24)

Accessibility Committee

That the resignation of Connie Weber from the Accessibility Committee be accepted with regret and a letter of appreciation forwarded;

And that the Clerk be authorized to advertise for an appropriate replacement;

Main Street Markham

That the resignation of Mark Champion from the Main Street Markham Committee be received with regret and a letter of appreciation forwarded;

And that Judi McIntyre be appointed to the Main Street Markham Committee

(4) MARKHAM WATERCOURSE EROSION
IMPLEMENTATION PLAN (5.7)

That the presentation by the Town Solicitor regarding the implications and potential liability for the Town performing erosion remediation on private property, be received;

And that staff be authorized to hold a Public Information Meeting on May 18, 2006 under the Environmental Assessment Act;

And that the public be advised that the responsibility to remediate erosion sites within private property has to be finalized;

And that staff report back in fall 2006 with:

- the final Class EA report for approval to file with the MOE

- Top thirty (30) erosion sites

- Guidelines for treatment of erosion sites in private property, including funding;

And that staff be authorized to commence the design on the erosion sites in municipal property and on sites in private property that pose safety issues and/or risk to municipal infrastructure (i.e. rank 8, 9, 23 and 29);

And that staff not tender the restoration works on private property until the guidelines are adopted by Council in fall 2006, approvals/easements are obtained and funding resolved;

And that an ad be placed in the paper;

And that owners of land with erosion be notified of the Public Information Meeting;

And that in the future, as specific projects come forward, area residents be notified.

(5) MARKHAM ats MORROW INSURANCE CLAIM (4.0 & 8.0)

That the report entitled “Markham ats Morrow, Insurance Claim” be received.

(6) CONVEYANCE OF LAND FOR ROAD WIDENING AND OPEN
SPACE BLOCK 97, 65M-3202, BLOCK 2, 65M-3296 (8.1)

That Block 97, Plan 65M-3203 and Block 2, Plan 65M-3296 on the attached plans, be conveyed to the Town of Markham from Law Development Group (Cornell) Limited for consideration of a nominal fee, for road widening purposes (Block 97) and open space purposes (Block 2) – extension of median through Christian Reesor Park Avenue;

And that the Mayor, Clerk and staff be authorized and directed to execute all necessary documents to give effect to this recommendation.

Moved by Councillor D. Horchik

Seconded by Councillor K. Usman

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

Carried

3. MINUTES

(1) COUNCIL MINUTES - APRIL 11, 2006

Moved by Councillor A. Chiu

Seconded by Councillor K. Usman

That the Minutes of the Council Meeting held on April 11, 2006, be adopted.

CARRIED

4. PRESENTATIONS

Council consented to separate Clause (3).

(1) CLEAN WORLD AWARD (12.2.6)

Council received the Clean World Award signed by Her Excellency The Right Honourable Michaëlle Jean, C.C., C.M.M., C.O.M., C.D., Governor General of Canada and patron of PITCH-IN CANADA. The Town of Markham is the only recipient of the Clean World Award in 2006. Markham was recognized for its sustained action to maintain a liveable environment and is the 56^th recipient of the award since it was established in 1992 by PITCH-IN CANADA.

The Town of Markham has been participating in PITCH-IN CANADA and other environmental programs since 1986 and has developed multiple environmental stewardship programs in partnership with youth groups, service clubs, schools, seniors, businesses, ratepayers groups and others in the community. One of the most significant components of Markham's programs is the introduction of "Mission Green".

(2) OLDER ADULTS IN ACTION PRESENTATION
OF CHEQUE (12.2.6)

Ms. Barb Brown, President, and Ms. Betty Hoover, Treasurer, Older Adults in Action, were in attendance to present a cheque in excess of $2,200.00 to Council to be applied against the operating costs of the Water Street Seniors Centre.

(3) FRONT AND EXTERIOR YARD PARKING
IN RESIDENTIAL AREAS (ZA 04 025944) (10.5)

Memo and Revised By-law Presentation

Dave Miller, Senior Planner, and Bill Wiles, Manager, Enforcement and Licensing, made a presentation to address the concerns of Council and residents with respect to front and exterior yard parking in residential areas.

Notice of the meeting this date was published in the Markham Economist and Sun and the Thornhill Liberal on Saturday, April 22, 2006. All persons requesting notification were contacted by telephone and/or email on April 13 and April 19, 2006. Anyone who received a Compliance Order within the past twelve months was notified by telephone on Friday, April 21, 2006. Notice to the general public was given in accordance with the provisions of the Town's Notice By-law No. 2002-275 which is by inclusion on the agenda and by posting on the website.

Moved by Councillor S. Daurio

Seconded by Councillor A. Chiu

That Council pass the recommendation of Development Services Committee (Item 19 on the April 18, 2006 DSC Agenda) dealing with Front and Exterior Side Yard Parking in Residential Areas.

(By-law 2006-96)

CARRIED

5. DELEGATIONS

(1) Bryan Krikst, 16 Kings College Road – in objection to the proposed front and exterior yard parking provisions in residential areas. (10.5)
(Clause 4, Report No. 15)

(2) Peter Oliver, Vice President, German Mills Ratepayers Association – in objection to the proposed front and exterior yard parking provisions in residential areas and in support of a Working Group with ratepayer representation. (10.5)(Clause 4, Report No. 15)

(3) Paul Fink, President, German Mills Ratepayers Association – in objection to the proposed front and exterior yard parking provisions in residential areas and in support of a Working Group with ratepayer representation. (10.5)(Clause 4, Report No. 15)

(4) Robert Bath, resident, Ward 2 - in objection to the proposed front and exterior yard parking provisions in residential areas. (10.5) (Clause 4, Report No. 15)

(5) Sharon Fortis, 3 Bronte Road - in objection to the proposed front and exterior yard parking provisions in residential areas and in support of grandfathering existing driveways. (10.5) (Clause 4, Report No. 15)

(6) Eileen Liasi, 9 Aberfeldy Crescent - in objection to the proposed front and exterior yard parking provisions in residential areas and in objection to the process followed. (10.5) (Clause 4, Report No. 15)

(7) Paul Zammat, President, Bayview Fairways Ratepayers Association - in objection to the proposed front and exterior yard parking provisions in residential areas and expressing concern for property values. (10.5) (Clause 4, Report No. 15)

(8) Efrem Davidovich, 34 Tamarack Drive - in objection to the proposed front and exterior yard parking provisions in residential areas. (10.5) (Clause 4, Report No. 15)

(9) Barbara Provence, Tamarack Drive resident - in objection to the proposed front and exterior yard parking provisions in residential areas and in objection to the process followed. (10.5) (Clause 4, Report No. 15)

(10) Gerry Bloch, 33 Holsworthy Crescent - in objection to the proposed front and exterior yard parking provisions in residential areas. (10.5) (Clause 4, Report No. 15)

(11) Bernice Bloch, 33 Holsworthy Crescent - in objection to the proposed front and exterior yard parking provisions in residential areas. (10.5) (Clause 4, Report No. 15)

(12) Sheila Mohar, 1 Outlook Terrace Drive - in objection to the proposed front and exterior yard parking provisions in residential areas and advising of a Zoning Order quoting a possible $50,000 fine. (10.5) (Clause 4, Report No. 15)

(13) Kelly Dempsey, 74 Ramona Boulevard - in objection to the proposed front and exterior yard parking provisions in residential areas. (10.5) (Clause 4, Report No. 15)

(14) Shelley Wiener, 45 Tamarack Drive - in objection to the proposed front and exterior yard parking provisions in residential areas and expressing safety concerns. (10.5) (Clause 4, Report No. 15)

(15) Steve Rappaport, 47 Tamarack Drive - in objection to the proposed front and exterior yard parking provisions in residential areas. (10.5) (Clause 4, Report No. 15)

(16) Barbi Lazarus, 9 Carnegie Crescent - in objection to the proposed front and exterior yard parking provisions in residential areas and to the speed of the process. (10.5) (Clause 4, Report No. 15)

(17) Perry Wong, 8 Sir Constantine Drive - in objection to the proposed front and exterior yard parking provisions in residential areas. (10.5) (Clause 4, Report No. 15)

(18) Michael Brodey, 49 Holsworthy Crescent - in objection to the proposed front and exterior yard parking provisions in residential areas. (10.5) (Clause 4, Report No. 15)

(19) Marvin Zweig, 68 Willowbrook Road - in objection to the proposed front and exterior yard parking provisions in residential areas and to the notice provided. (10.5) (Clause 4, Report No. 15)

(20) Peter Sommer, 31 Bronte Road - in objection to the proposed front and exterior yard parking provisions in residential areas. (10.5) (Clause 4, Report No. 15)

(21) Cecil Rodrigo, 37 Aberfeldy Crescent - in objection to the proposed front and exterior yard parking provisions in residential areas. (10.5) (Clause 4, Report No. 15)

6(a) REPORT NO. 15 - DEVELOPMENT SERVICES COMMITTEE

Council consented to separate Clause (4).

Moved by Councillor G. McKelvey

Seconded by Councillor J. Virgilio

That Report No. 15 - Development Services Committee be received and adopted.

April 18, 2006

(1)        DESIGNATION UNDER PART IV OF THE ONTARIO
            HERITAGE ACT, JOHN RAMER HOUSE AND BARN
            6278 19TH AVENUE, ARBOR MEMORIAL SERVICES INC. (16.11.3)

Report Attach

That as recommended by Heritage Markham, the John Ramer House and Barn– 6278 19^th Avenue be approved for designation under Part IV of the Ontario Heritage Act as a property of cultural heritage value or interest;

And that the Clerk’s Department be authorized to publish and serve Council’s Notice of Intention to Designate as per the requirements of the Ontario Heritage Act;

And that if there are no objections to the designation in accordance with the provisions of the Ontario Heritage Act, the Clerk be authorized to place a designation by-law before Council for adoption;

And that if there are any objections in accordance with the provisions of the Ontario Heritage Act, the Clerk be directed to refer the proposed designation to the Ontario Conservation Review Board.

(2) TOWN TRANSFER OF UTILITY EASEMENTS TO BELL CANADA
WOODBINE MACKENZIE SUBDIVISION, PHASE I (10.0)

Report A B C D

That the report entitled “Town Transfer of Utility Easements to Bell Canada, Woodbine Mackenzie Subdivision, Phase 1,” dated April 18, 2006 be received;

And that a by-law be enacted authorizing the Mayor and Clerk to execute the conveyance of an easement to Bell Canada in a form satisfactory to the Town Solicitor over part of Block 147, Plan 65M-3670, designated as Part 1, Plan 65R-26491, for the purpose of installing an above ground cabinet by Bell Canada;

And that such conveyance shall be granted by the Town of Markham to Bell Canada after the following conditions are met:

a) A payment of $1,000.00 plus G.S.T. for Legal expenses plus disbursements,

b) A payment of $1,000.00 plus G.S.T. in total for Engineering fees,

c) A payment of $1,000.00 plus G.S.T. in total for Landscape fees,

d) A payment of $10,000.00 for the easement, defined as Part 1, Plan 65R-26491,

e) Completion of all landscape works by September 30, 2006, as per approved landscape drawings dated April 1, 2005, for an approximate total cost of $28,500.00,

f) The Urban Design Department receiving a certificate of completion prepared by the landscape architect,

g) The Urban Design Department, in consultation with the Engineering Department, provide written confirmation of completion for the landscape works to the Legal Department,

And that the Development Service Commission and Legal Department report back with a policy as to the location, approval process, location and compensation for large utility vaults in new/existing communities.

(By-law 2006-95)

(3)        DUDLEY KISSOORE, 68 CACHET PARKWAY
            OFFICIAL PLAN AMENDMENT TO PERMIT SEVERANCE
            AND CREATION OF ADDITION LOT (OP 06 106110) (10.3)

Report 1 2 3 4 Attach

That the application submitted by Dudley Kissoore to re-designate 68 Cachet Parkway from Rural Residential to Urban Residential in order to permit the severance and subsequent creation of an additional residential lot be denied.

CARRIED

(4) FRONT AND EXTERIOR YARD PARKING
IN RESIDENTIAL AREAS (ZA 04 025944) (10.5)

Report Figures By-Law Correspondence Financial

Memo and Revised By-law Presentation

Council agreed to a division of the question.

That correspondence dated April 17, 2006, from Eileen Liasi and other residents of German Mills, with concerns regarding the proposed front and exterior yard parking provisions in residential areas, be received;

And that the deputations by Robin Sommer, Eileen Liasi, Shirley Mootoo on behalf of the Geman Mills residents, and Stephanie Myers, with objections to the proposed Front and Exterior Yard Parking regulations, be received;

And that the report to Development Services Committee dated April 18, 2006 entitled “Front and Exterior Yard Parking in Residential Areas, Recommendation Report, File No. ZA 04 025944” be received;

And that the Record of the Public Meeting held on November 22, 2005, with respect to the proposed amendments to the Town’s Zoning By-laws be received;

And that the strategy to regulate private property parking in front and exterior yards outlined in an August 30, 2005 staff report, presented at the November 22, 2005 Public Meeting and further refined and described in the April 18, 2006 staff report, comprised of zoning, communications, on street parking and enforcement components, be endorsed;

And that notice be provided to those residents who were in attendance and left their names at the Development Services Committee meetings on November 22, 2005 and April 18, 2006 and the Council meeting this date and those who have requested notification by telephone;

And that an amending By-law to implement the zoning component of the strategy be given two readings and the implementing amendments to the Town’s By-laws be finalized by the end of June, 2006 and enacted;

And that Corporate Services Commission staff be authorized to retain consultants to develop a communications strategy and plan for all components of the proposed strategy and for the development of best practices and criteria for an on-street parking permit regulations;

And that a $50,000 capital project be established, funded from the 2006 Operating Surplus, if any, and the Corporate Rate Stabilization Reserve, if required, for the development of a communication strategy and plan (including a public notification process and production costs) and development of best practices and criteria for the establishment of an overnight on-street parking permit program, using external suppliers;

And that the By-law be referred to a Working Group to be established by Council comprised of representatives from the eight (8) wards across the Town and refinements and comments coming from this Working Group be considered by Council and staff with respect to amending the By-law by the end of June, 2006.

(By-law 2006-96)

CARRIED AS AMENDED

(See following recorded vote) (12:0)

YEAS: Mayor D. Cousens, 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. (12)

ABSENT: Deputy Mayor F. Scarpitti (1)

CARRIED

(See following recorded vote) (8:4)

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: Regional Councillor J. Heath, Regional Councillor J. Jones, Councillor E. Shapero, Councillor K. Usman. (4)

ABSENT: Deputy Mayor F. Scarpitti. (1)

CARRIED

(See following recorded vote) (8:4)

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: Regional Councillor J. Heath, Regional Councillor J. Jones, Councillor E. Shapero, Councillor K. Usman. (4)

ABSENT: Deputy Mayor F. Scarpitti. (1)

(By-law 2006-96)

CARRIED AS AMENDED

(See following motions to amend)

(See following motion to defer which was Lost)

Moved by Councillor D. Horchik

Seconded by Councillor S. Daurio

That Clause (4), Report No. 15 be amended to include the following paragraph:

"And that the By-law be referred to a Working Group to be established by Council comprised of representatives from the eight (8) wards across the Town and refinements and comments coming from this Working Group be considered by Council and staff with respect to amending the By-law by the end of June, 2006."

CARRIED

(See following recorded vote) (7:5)

YEAS: Mayor D. Cousens, Regional Councillor J. Jones, Regional Councillor B. O'Donnell, Councillor J. Virgilio, Councillor G. McKelvey, Councillor J. Webster, Councillor D. Horchik. (7)

NAYS: Regional Councillor J. Heath, Councillor S. Daurio, Councillor E. Shapero, Councillor K. Usman, Councillor A. Chiu. (5)

ABSENT: Deputy Mayor F. Scarpitti. (1)

Moved by Councillor E. Shapero

Seconded by Councillor K. Usman

That Clause (4), Report No. 15 be amended to delete paragraph 6 in its entirety and the following be substituted therefor:

"And that notice be provided to those residents who were in attendance and left their names at the Development Services Committee meetings on November 22, 2005 and April 18, 2006 and the Council meeting this date and those who have requested notification by telephone;"

CARRIED

Moved by Councillor J. Virgilio

Seconded by Councillor G. McKelvey

That Clause (4), Report No. 15 be amended to delete paragraph 7 in its entirety and the following be substituted therefor:

"And that an amending By-law to implement the zoning component of the strategy be given two readings and the implementing amendments to the Town’s By-laws be finalized by the end of June, 2006 and enacted;"

CARRIED

(See following recorded vote) (8:4)

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: Regional Councillor J. Heath, Regional Councillor J. Jones, Councillor E. Shapero, Councillor K. Usman. (4)

ABSENT: Deputy Mayor F. Scarpitti (1)

Moved by Councillor K. Usman

Seconded by Councillor E. Shapero

That Clause (4), Report No. 15 be deferred to facilitate four (4) Public Meetings, one in each Ward, and the formation of a Task Force of residents from each Ward to report back to Council.

LOST

(See following recorded vote) (6:6)

YEAS: Regional Councillor J. Heath, Regional Councillor J. Jones, Regional Councillor B. O'Donnell, Councillor E. Shapero, Councillor D. Horchik, Councillor K. Usman. (6)

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

ABSENT: Deputy Mayor F. Scarpitti. (1)

Moved by Councillor E. Shapero

Seconded by Councillor K. Usman

That Clause (4), Report No. 15 be amended to include a provision to grandfather expanded driveways that predate the proposed by-law.

LOST

(See following recorded vote) (3:9)

YEAS: Regional Councillor J. Jones, Councillor E. Shapero, Councillor K. Usman. (3)

NAYS: Mayor D. Cousens, Regional Councillor J. Heath, Regional Councillor B. O'Donnell, Councillor S. Daurio, Councillor J. Virgilio, Councillor G. McKelvey, Councillor J. Webster, Councillor D. Horchik, Councillor A. Chiu. (9)

ABSENT: Deputy Mayor F. Scarpitti. (1)

Moved by Councillor K. Usman

Seconded by Regional Councillor J. Jones

That no enforcement of the by-law be undertaken until September, 2006.

LOST

(5) SITE ALTERATION BY-LAW (10.0)

Report Attach

That the report entitled “Site Alteration By-law to Regulate or Prohibit Removal of Topsoil, Placing or Dumping of Fill and Alteration of Grade of Land within the Town of Markham” dated April 18, 2006, be received;

And that the “Site Alteration By-law” to regulate or prohibit removal of topsoil, placing or dumping of fill and alteration of grade of land with the Town of Markham be enacted in a form substantially similar to Attachment ‘1’ hereto and to the satisfaction of the Director of Engineering and the Town Solicitor;

And that By-laws # 215-91 and # 2001-53 be repealed upon enactment of the new By-law;

And that Fee By-law # 2002-276 be amended to authorize the imposition of the fees and charges as set out in Attachment ‘2’;

And that an application for a set fine order by the Regional Senior Justice of the Ontario Court of Justice regarding offences under the new Site Alteration By-law be made by the Town Clerk;

And that Mr. G. McMillian, Senior Manager, Resource Sciences, Water and Energy Management of the Toronto Region Conservation Authority (TRCA) be provided with a copy of this Report and the resolution of Council in respect of same.

(By-laws 2006-97 and 2006-98)

(6)        LEISUREWORLD INC. (HILTON SUITES HOTEL)
            SOUTHWEST CORNER OF HIGHWAY #7
            AND WARDEN AVENUE, MARKHAM CENTRE
            ZONING BY-LAW AMENDMENT TO PERMIT A
            CONDOMINIUM APARTMENT DEVELOPMENT (ZA 04 012403) (10.5)

Report 1 2 3 4

That correspondence from Barry A. Horosko of Bratty and Partners, representing 2015776 Ontario Inc., land owner to the west and south of the property subject to the application by Leisureworld Inc, with comments regarding road development, be received;

And that the deputation by Herman Grad and Al Libel representing Leisureworld Inc., (Hilton Suites Hotel), be received;.

And that the staff report entitled “Recommendation Report, Leisureworld Inc. (Hilton Suites Hotel), Zoning By-law Amendment Application to permit a Condominium Apartment Development (File number ZA 04 012403)” be received;

And that the Zoning By-law Amendment application be approved and the draft Zoning By-law Amendments be finalized and enacted.

(7)        1297482 ONTARIO INC. 7713 KENNEDY ROAD
            OFFICIAL PLAN AND ZONING BY-LAW AMENDMENTS
            AND SITE PLAN APPROVAL FOR APARTMENT BUILDING
            (OP 05 012450, ZA 05 008482, SC 05 008498) (10.3, 10.5, 10.7)

Report Maps A B

That the Official Plan Amendment application (OP 05 012450) submitted by 1297482 Ontario Limited to permit a 4-storey apartment building containing 16 units at 7713 Kennedy Road, on the east side of Kennedy Road south of 14^th Avenue, be approved and the draft Official Plan Amendment be finalized and adopted;

And that the Zoning By-law Amendment application (ZA 05 008482) to amend By-law 193-81, as amended, submitted by 1297482 Ontario Limited to permit a 4-storey apartment building containing 16 units at 7713 Kennedy Road, on the east side of Kennedy Road south of 14^th Avenue, be approved and the draft Zoning By-law Amendment be finalized and enacted;

And that the Site Plan application (SC 05 008498) submitted by 129742 Ontario Limited to permit a 4-storey apartment building containing 16 units at 7713 Kennedy Road, on the east side of Kennedy Road south of 14^th Avenue, be endorsed in principle, subject to the standard conditions listed in Appendix ‘C’;

And that servicing allocation for 16 units be granted to the proposed apartment development as per Council’s November 29, 2005, resolution;

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

And that the Town reserve the right to revoke or reallocate water and sewage allocation at its sole discretion;

And that the Owner provide the necessary serving easements to the Town;

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

(8)        1297482 ONTARIO INC. 14TH AVE. EAST OF KENNEDY RD.
            ZONING BY-LAW AMENDMENT AND DRAFT PLAN OF
            SUBDIVISION (19TM-05001) FOR DETACHED DWELLINGS
            (SU 05 008628, ZA 05 008640) (10.5, 10.7)

Report 1 2 3 4 A

That draft plan of subdivision 19TM-05001 (SU 05 008628) located on lands south of 14^th Avenue, east of Kennedy Road, at the west end of Chiavatti Drive, proposed by 1297482 Ontario Limited, be draft approved subject to the conditions outlined in Appendix ‘A’ and any additional conditions to be submitted by the Region of York;

And that Zoning By-law Amendment application (ZA 05 008640) to amend By-law 193-81, as amended, submitted by 1297482 Ontario Limited, be approved and the implementing Zoning By-law be finalized and enacted;

And that servicing allocation for 16 units be granted to Draft Plan of Subdivision 1297482 Ontario Limited (19TM-05001) as per Council’s November 29, 2005, resolution;

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

And that the Town reserve the right to revoke or reallocate water and sewage allocation at its sole discretion;

And that the Owner provide a 3-metre wide servicing easement to the Town along the north lot line of Lot 16;

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

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

(9) MARKHAM SMALL BUSINESS ENTERPRISE CENTRE
2006/07 BUSINESS PLAN (10.16)

Report Attach

That the report entitled “Markham Small Business Enterprise Centre Business Plan” be received and endorsed.

CARRIED

6(b) REPORT NO. 16 - GENERAL COMMITTEE

Council consented to add Report No. 16 - General Committee.

Moved by Councillor S. Daurio

Seconded by Councillor E. Shapero

That Report No. 16 - General Committee be received and adopted.

April 24, 2006

(1) FACILITY GROUP INSURANCE PROGRAM FOR
SATELLITE FACILITIES (4.0 & 6.0)

That the report dated April 24, 2006 entitled “Facility Group Insurance Program for Satellite Facilities” be received;

And that the current Town Operated Facilities Group Insurance Program (SportsCan) be expanded to include all Satellite Facilities.

(2)        AWARD OF TENDER #001-T-06 AND RFP #012-R-06
            14TH AVENUE WATERMAIN CONSTRUCTION, MCCOWAN
            ROAD TO BOXWOOD CRESCENT (7.12.1)

That the report entitled “Award of Tender # 001-T-06 and RFP # 012-R-06, 14^th Avenue Watermain Construction, McCowan Road to Boxwood Crescent” be received;

And that the contract for tender #001-T-06 for the construction of the watermain be awarded to the lowest price qualified bidder, Pachino Construction Co. Ltd. in the amount of $4,766,355.14 exclusive of GST;

And that a contingency amount of $480,000 exclusive of GST be established to cover any additional 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 monthly statements of these expenditures to the Town Treasurer;

And that RFP #012-R-06 for construction inspection and contract administration services be awarded to the highest ranked and lowest price qualified consultant, Totten Sims Hubicki Associates in the amount of $92,500 exclusive of GST;

And that a contingency amount of $9,250 exclusive of GST be established to cover any additional construction inspection and contract administration and that the Director of Engineering be authorized to approve expenditure of this contingency amount up to the specified limit;

And that staff be authorized to issue a quotation to retain a qualified geotechnical consulting firm in accordance with the Town’s purchasing bylaw to provide geotechnical service, materials testing and settlement monitoring at the CN Rail crossing before, during and up to one year after the construction for an upset limit not to exceed $75,000 exclusive of GST;

And that staff be authorized to pay $1,850 exclusive of GST to CN Rail for the approval fee and issue a purchase order to CN Rail for an amount not to exceed $25,000 exclusive of GST for the execution of the Standard Pipe Crossing Agreement for the costs associated with the review, construction coordination and flagging protection services during construction;

And that staff report back to Council with respect to including these and other costs in updates to the existing development charge by-laws;

And that the Finance and Engineering Department report back to Council on the impact of this project and other Engineering capital projects funded from Development Charges on project debt financing requirements;

And that the award be funded from the previously approved Engineering Capital accounts 083 5350 6745 005 (2005 Capital budget) in the amount of $2,200,000 and 083 5350 7264 005 (2006 Capital Budget) in the amount of $5,000,000 for a total funding of $7,200,000;

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

(3) AWARD OF TENDER #190-T-05 CONSTRUCTION
OF BERZCY NEIGHBOURHOOD PARK (7.12.3)

Report Attachment

That the report entitled “Award of Tender #190-T-05, Construction of Berczy Neighbourhood Park” be received;

And that the contract for tender #190-T-05 for the construction of Berczy Neighbourhood Park be awarded to the lowest price qualified bidder, Salivan Landscape Ltd. in the amount of $344,152.00 exclusive of GST;

And that a consultant contingency amount of $15,000.00 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 a construction contingency amount of $45,000.00 exclusive of GST be established 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 award be funded from Planning and Urban Design’s 2003 Capital Budget account #81-5350-5191-005 in the amount of $540,000.00;

And that the balance of funds in the account in the amount of $94,448.00 be retained and used, as required, at a later date, for additional park features within this park in accordance with the Purchasing By-law;

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

(4) AWARD OF TENDER #022-T-06 CONSTRUCTION OF MILLIKEN
MILLS PARK SPLASH PAD AND PLAYGROUND RETROFIT (7.12)

Report Attachment

That the report entitled “Award of Tender #022-T-06, Construction of Milliken Mills Park Splash Pad and Playground Retrofit” be received;

And that the contract for tender #022-T-06 for the construction of Milliken Mills Park Splash Pad and Playground Retrofit be awarded to the lowest price qualified bidder, Zuron Construction Ltd. in the amount of $451,613.00 exclusive of GST;

And that a contingency amount of $87,086.00 exclusive of GST be established to cover any additional consulting services and/or 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 the award be funded from Planning and Urban Design’s 2003 Capital Account #81-5350-5259-005 in the amount of $585,072.00;

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

(5) AWARD OF TENDER #015-T-06 - ROAD
REHABILITATION PROGRAM (7.12.2)

Report Attachments

That the report entitled “Award of Tender 015-T-06 Road Rehabilitation Program” be received;

And that the contract for Tender 015-T-06 Road Rehabilitation Program be awarded to the lowest price bidder, Furfari Paving in the amount of $4,400,000.00 exclusive of GST;

And that the Director of Operations and Director of Financial & Client Services be authorized to exercise the option to renew the contract for an additional 2 years (2007-2008) at the 2006 itemized prices subject to performance and budget approval;

And that the award be funded from the 2006 Road Rehabilitation Program that is provided for in the Operations Departments 2006 Capital budget accounts and next year’s budgets upon approval;

And that additional funds in the amount of $500,000 be transferred from the Life Cycle reserve account #087 2800200 to fully fund the proposed 2006 Asphalt Re-Surfacing Program including Curb & Sidewalk repair, Interlocking repairs, Consulting Fees and Rental Vehicles.

(6) AWARD OF TENDER #035-T-06 CONCRETE MAINTENANCE AND
#036-T-06 ASPHALT MAINTENANCE (7.12.2)

That the report entitled “Award of Tender 035-T-06 Concrete Maintenance and 036-T-06 Asphalt Maintenance” be received;

And that the contract for Tender 035-T-06 Concrete Maintenance be awarded to the lowest price bidder, VTA Construction in the amount of $600,000.00 exclusive of GST;

And that the contract for Tender 036-T-06 Asphalt Maintenance be awarded to the lowest priced bidder, D. Crupi & Sons in the amount of $479,396.00 exclusive of GST;

And that the Director of Operations and Director of Financial and Client Services be authorized to exercise the option to renew the contracts 035-T-06 Concrete Maintenance and 036-T-06 Asphalt Maintenance for an additional 2 years (2007-2008) at the 2006 itemized prices subject to performance and budget approval;

And that the awards be funded from the Roads Department 2006 Operating and Capital budget accounts and next year’s budget upon approval;

And that the Director of Operations and the Director of Financial & Client Services be authorized to reallocate funds between this blanket order to maximum of 20% of the estimated blanket amount for the duration of the contract, to a combined annual total not to exceed $1,079,396.00 exclusive of GST.

(7) HAGERMAN CORNERS VEHICULAR INFILTRATION (5.12)

Report Attachment A B

That the report entitled “Hagerman Corners Vehicular Infiltration” dated April 24, 2006, be received;

And that the attached amended By-law, 106-71- Schedule 9, Prohibited Turns, be approved to include a northbound left turn and southbound right turn prohibition at the intersection of Brimley Road and Lee Avenue between 7:00 a.m. and 9:00 am, any day;

And that the Region of York be requested to implement a westbound left turn prohibition at the intersection of 14^th Avenue and Noble Street between 7:00 a.m. and 9:00 a.m., any day, and an eastbound no through prohibition at the intersection of Kennedy Road and Lee Avenue anytime;

And that the Operations Department be directed to install the proposed signs for the Town related turn prohibitions upon approval of the attached by-law;

And that York Regional Police be requested to enforce the proposed turn prohibitions immediately following sign installation;

And that staff monitor the subject area following the implementation of the turn prohibitions and report back if further by-law amendments are needed.

(By-law 2006-107)

CARRIED

7. MOTIONS

Council consented to add Motions (1) and (2).

(1) FLAGS AT HALF MAST (12.2.6)

Moved by Councillor K. Usman

Seconded by Councillor J. Webster

That the flags at the Markham Civic Centre be flown at half mast in honour and respect for Canada's brave fallen soldiers;

And that the Region of York be so advised.

CARRIED

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

(2)        TOWN OF AURORA – COMMUNICATION IN
            OPPOSITION TO CHANGING THE TERM OF
            MUNICIPAL COUNCILS TO FOUR YEARS (13.5.1)

Moved by Councillor G. McKelvey

Seconded by Regional Councillor B. O'Donnell

That the resolution from the Town of Aurora in opposition to the announcement by the Premier of Ontario to change the term of office of municipal Councils to four (4) years be received and endorsed.

CARRIED

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

8. COMMUNICATIONS

Council consented to add Communications 47-2006 to 49-2006 and to separate 42-2006.

Council consented to separate Communication 46-2006.

Moved by Councillor A. Chiu

Seconded by Councillor K. Usman

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

Received

41-2006 Ontario Federation of Anglers and Hunters - Forwarding information and requesting support regarding a new initiative to allow gun hunting on Sundays during regular hunting seasons. (13.2.6)

42-2006 Town of Aurora - Forwarding a resolution in opposition to the announcement by the Premier of Ontario to change the term of office of municipal councils to four years. (13.5.1)

                        Letter                                                                        CARRIED AS AMENDED
                                                                             RECEIVED AND ENDORSED
                                                                                                         (See Motion (2))

Referred to all Members of Council

43-2006 Unionville BIA - Request to close the following streets on July 1, 2006 from 8:00 a.m. to 6:00 p.m. to facilitate the Canada Day Festival:

- Main Street Unionville diagonally at Main Street Unionville Lane - also known as Concession Road.
- Main Street Unionville north to Carlton Road
- Fred Varley Drive just east of EJ Lennox Way (3.5)
(By-law 2006-99)

44-2006 Town of Markham - Request to close the following streets on July 1, 2006 to facilitate the Canada Day Celebrations at Milne Park:

- McCowan Road from Bullock Drive to South Unionville Drive - 3:00 p.m. to 4:30 p.m.
- McCowan Road from Highway 7 to South Unionville Drive - 8:30 p.m. to 11:30 p.m. (3.5)
(By-law 2006-100)

45-2006 Liquor Licence Application - Request to complete the Alcohol and Gaming Commission Municipal Information Form for Diamond Banquet Hall, 3225 Highway 7 East, Unit 1 (indoor) (3.21)

CARRIED

46-2006 Liquor Licence Extension Application (Special Occasion) - George Lliopoulos, Owner, Old Country Inn, 198 Main Street Unionville, requesting approval from the Town of Markham regarding the issuance of special occasion liquor permit for the extension of the patio. The permit will be utilized on June 3 and 4, 2006 (12:00 noon to 12:00 midnight), in conjunction with the Unionville Village Community Festival. (3.21)

Referred to Commissioner of Development Services and Town Clerk

47-2006 David Tang, Gowling Lafleur Henderson LLP, on behalf of Julius and Sharon Fortis of 3 Bronte Road - Forwarding comments regarding the proposed front and exterior yard parking provisions in residential areas.
(Clause 4, Report No. 15) (10.5)

48-2006 Richard Talbot, President, Unionville Villagers Association - Forwarding a handout outlining information regarding the proposed front and exterior yard parking provisions in residential areas.
(Clause 4, Report No. 15) (10.5)

Handout

49-2006 Peter Krivel, homeowner on Tamarack Drive - Forwarding comments regarding the proposed front and exterior yard parking provisions in residential areas.
(Clause 4, Report No. 15) (10.5)

CARRIED

9. PROCLAMATION

(1) PROCLAMATIONS (3.4)

Moved by Councillor K. Usman

Seconded by Regional Councillor J. Jones

That the following be proclaimed in the Town of Markham:

- Emergency Preparedness Week - May 7 to 13, 2006

- Markham Group of Artists' Silver Anniversary Month - September 25 to October 30, 2006

CARRIED

10. OTHER BUSINESS

Moved by Councillor D. Horchik

Seconded by Councillor S. Daurio

That Other Business (1) be received and adopted.

(1)        7265 HIGHWAY 7, ABRAHAM REESOR HOUSE
            - DESIGNATION UNDER PART IV OF THE
            ONTARIO HERITAGE ACT (16.11.3)